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Cerritos City Council Meeting Minutes

MINUTES OF A SPECIAL MEETING OF THE
CITY COUNCIL OF THE CITY OF CERRITOS
HELD NOVEMBER 10, 2008

CALL TO ORDER

The meeting was called to order at 7:00 p.m. in the Council Chambers at Cerritos City Hall, 18125 Bloomfield Avenue, Cerritos, California.

INVOCATION

Mayor Edwards offered the invocation.

PLEDGE OF ALLEGIANCE

Boy Scout Troop 1005 led the assembly in the salute to the flag.

ROLL CALL

The following Members of the City Council were in attendance:

Councilwoman Carol Chen
Councilman Joseph Cho, Ph.D.
Councilwoman Laura Lee
Mayor Jim Edwards
The absence of Mayor Pro Tem Barrows was noted.

PRESENTATIONS

A proclamation was presented to the Cerritos Special Olympics Soccer Team for their championship season.

PUBLIC COMMENTS AND SUGGESTIONS

Jay Gray, Cerritos resident, in referencing the Shoemaker Avenue arterial block wall south of 183rd Street, asserted the following:  for over two decades residents in this area have expressed traffic, pollution, noise and security concerns that have been ignored; the increase in traffic occurred after residents moved in and home buyers in this area could not have anticipated the increased traffic 15 years into the future; the Environmental Impact Report was deficient; Shoemaker Avenue has no landscaped median and has overhead electrical wires; the no truck route sign was removed resulting in increased truck traffic; since 1983 the estimated traffic counts have had a 1,000% increase from 1,500 cars per day to 10,500; traffic on Carmenita Road and Bloomfield Avenue has decreased and redirected to Shoemaker Avenue; Municipal Code Section 22.12.400 provides for minimizing any undesirable impact from surrounding areas; and the City should help the families who live behind the walls.

Chris Foster, Cerritos resident, expressed appreciation to recreation staff that help with the adaptive recreation program, especially Jill Strickland.

Katherine Chu, Cerritos resident, reiterated the comments of Mr. Foster.

Steven Stallings, Cerritos resident, requested more than the five minutes for public comments and asked for a rebuttal period, and the Mayor responded that it is not within the agenda framework for rebuttal of public comments.  With regard to arterial block wall rehabilitation, Mr. Stallings continued with his input by asserting that Councilman Cho had commented at the last three City Council meetings that the City of Cerritos has no plan to enforce property owners to replace or upgrade their wall and this rehabilitation program is totally voluntary, and asked him to consider making a statement to correct the facts.  Disagreeing with Councilman Cho's comment and noting that the only voluntary part of the program is the loan function, Mr. Stallings added that the walls are still being reviewed, condemned under blighted property ordinances, and require replacement, asserting that standards are not optional when residents are faced with repair issues as well as ownership and maintenance of the walls, which have yet to be adequately resolved.  Mr. Stallings cited Property Preservation Commission Case No. 2008-137 as an example of a lack of wall replacement standards that are predictable, that residents can understand, and that apply to everyone, noting that the City would be subject to public safety liability in this case due to eight months of delays in addressing this matter.  He added that requiring wall upgrades are in violation of Proposition 218 and noted that an independent structural engineer had been secured to evaluate block wall footings as the residents have no trust that the City will deal with this equitably.

Ram Kakkar, Cerritos resident, referenced and commented on the Environmental Impact Report prepared for the Cerritos Towne Center and the Shoemaker Avenue overpass as it relates to the height of the Shoemaker Avenue block walls south of 183rd Street, asserting that the consultant who prepared the report was never given the criteria to analyze the impact of the development on this segment of Shoemaker Avenue.  He opined that the report focused exclusively within the boundary of the Towne Center development, excluding the impacts on Shoemaker Avenue south of 183rd Street, particularly the lack of reference to traffic flow from South Street via this street segment and the projected reference in the report of a 1,775% increase in average daily traffic from 1,570 cars to 18,400 cars, representing the maximum impact of all of the streets associated with the Towne Center development.  Mr. Kakkar concluded that residents have been complaining from day one regarding the impacts of the Towne Center development on increases in traffic, noise, air pollution and security and asked the City Council to reconsider mitigation measures in this regard for this segment of Shoemaker Avenue.

Councilman Cho indicated that at the last three Council meetings he referred to the arterial block wall rehabilitation program, which was a voluntary program, stating that the City never had any plan to enforce the property owners to replace their walls; that the City tried to coordinate and allow property owners to work together on this issue; and that property owners are responsible for maintaining their properties.

CONSENT CALENDAR

Approval of Register of Demands

MOTION:  It was moved by Councilwoman Lee and seconded by Councilman Cho to approve the Register of Demands dated November 10, 2008, Checks 103798 through 104339, in the total amount of $9,285,441.03.  The motion carried, with Mayor Pro Tem Barrows absent.

Approval of Treasurer's Report

MOTION:  It was moved by Councilwoman Lee and seconded by Councilman Cho to approve the Treasurer's Report for the period ending September 30, 2008.  The motion carried, with Mayor Pro Tem Barrows absent.

Approval of Minutes

MOTION:  It was moved by Councilwoman Lee and seconded by Councilman Cho to approve the Minutes of the Regular Meeting of October 23, 2008.  The motion carried, with Councilwoman Chen abstaining and Mayor Pro Tem Barrows absent.

PUBLIC HEARINGS

The following items were considered concurrently.

Councilwoman Chen left the Council Chambers at 7:38 p.m. due to a potential conflict of interest related to her ownership of property within close proximity to the subject property.

Consideration to waive reading of and introduce AN ORDINANCE OF THE CITY OF CERRITOS AMENDING CHAPTER 22.27, CR—REGIONAL COMMERCIAL ZONE, OF THE CERRITOS MUNICIPAL CODE TO REDUCE OFF-STREET PARKING STANDARDS FOR SHOPPING CENTERS GREATER THAN 100,000 SQUARE FEET IN GROSS FLOOR AREA.

Mitigated Negative Declaration*

Development Code Amendment 2008-4

*One Mitigated Negative Declaration was prepared for Precise Plan 2008-11 and Development Code Amendment 2008-4.

A development proposal by Macerich Cerritos, LLC, 401 Wilshire Boulevard, Suite 700, Santa Monica, California, 90401-1452, to demolish the building located at 300 Los Cerritos Center, formerly the Robinsons-May Department Store, and to construct a one-story multi-tenant retail commercial expansion and a two-story Nordstrom Department Store building generally located within the northeast quadrant of the Los Cerritos Center.  The Los Cerritos Center totals ±94.893 acres of land, is zoned Regional Commercial (CR), and is located within the Los Cerritos Redevelopment Project Area (APN 7038-014-012, APN 7038-014-013, APN 7038-014-014, APN 7038-014-015, APN 7038-014-016, APN 7038-014-017).

Cerritos Redevelopment Agency Conformity Report 2008-3

Mitigated Negative Declaration*

Precise Plan 2008-11

*One Mitigated Negative Declaration was prepared for Precise Plan 2008-11 and Development Code Amendment 2008-4.

PENDING LEGAL MATTERS

Review and consideration of an Ownership Participation Agreement (OPA) between the Cerritos Redevelopment Agency and Macerich Cerritos, LLC, for improvements to Los Cerritos Center in the Los Cerritos Redevelopment Project Area (APN 7038-014-012, APN 7038-014-013, APN 7038-014-014, APN 7038-014-015, APN 7038-014-016, APN 7038-014-017).

City Manager Gallucci indicated that the continuance is being requested to allow for conclusion of negotiations in this matter.

It was noted that there were no requests for public input on these items.

Development Code Amendment 2008-4

MOTION:  It was moved by Councilman Cho and seconded by Councilwoman Lee to open and continue the public hearing to the November 24, 2008 City Council special meeting for Development Code Amendment 2008-4 and the related Mitigated Negative Declaration, as recommended in the staff report dated November 10, 2008.  The motion carried, with Councilwoman Chen and Mayor Pro Tem Barrows absent.

Precise Plan 2008-11

MOTION:  It was moved by Councilman Cho and seconded by Councilwoman Lee to open and continue the public hearing to the November 24, 2008 City Council special meeting for Precise Plan 2008-11 and the related Mitigated Negative Declaration, as recommended in the staff report dated November 10, 2008.  The motion carried, with Councilwoman Chen and Mayor Pro Tem Barrows absent.

Ownership Participation Agreement (OPA) between the Cerritos Redevelopment Agency and Macerich Cerritos, LLC

MOTION:  It was moved by Councilman Cho and seconded by Councilwoman Lee to continue to the November 24, 2008 City Council special meeting the review and consideration of an Ownership Participation Agreement (OPA) between the Cerritos Redevelopment Agency and Macerich Cerritos, LLC, for improvements to Los Cerritos Center in the Los Cerritos Redevelopment Project Area, as recommended in the staff report dated November 10, 2008.  The motion carried, with Councilwoman Chen and Mayor Pro Tem Barrows absent.

PUBLIC WORKS ACTIVITIES

At 7:40 p.m. Councilwoman Chen returned to the Council Chambers and resumed her seat at the dais.

Consideration and award of contract to the Conservation Corps of Long Beach (CCLB) for tree planting services in conjunction with the Los Angeles County Regional Park and Open Space District Grant, Grant No. 58B9-08-2137.

MOTION:  It was moved by Councilwoman Chen and seconded by Councilman Cho to award a contract to the Conservation Corps of Long Beach for tree planting services in conjunction with the Los Angeles County Regional Park and Open Space District Grant, Grant No. 58B9-08-2137.  The motion carried, with Mayor Pro Tem Barrows absent.

NEW AND OLD BUSINESS

Consideration of a request of the La Palma-Cerritos Branch of the American Association of University Woman (AAUW) regarding its February 3, 2009 City Council Candidate Forum.

MOTION:  It was moved by Councilwoman Lee and seconded by Councilman Cho to authorize the La Palma-Cerritos Branch of the American Association of University Women (AAUW) to use the Council Chambers on Tuesday, February 3, 2009 from 7:00 p.m. to 9:00 p.m. for the purpose of holding a forum for Cerritos City Council candidates in the upcoming March 3, 2009 General Municipal Election, with the City absorbing the costs associated with cable casting the event.  The motion carried, with Mayo Pro Tem Barrows absent.

PENDING LEGISLATION

Report on Pending Legislation

City Manager Gallucci provided updated information on the State of California fiscal crisis, noting that the State is mandating from the Cerritos Redevelopment Agency a return of $2.5 million of increment due on May 10, 2009, and he referenced a related pending lawsuit filed by the California Redevelopment Association against the State of California.  He reported on the State's efforts in evaluating further takings from cities and possible taxing options, noting that staff would continue to monitor the situation and report back to the City Council as information is received.

CITY COUNCIL COMMUNICATIONS/COMMITTEE REPORTS/REPORT ON MEETINGS

Councilwoman Lee referenced the November 5, 2008 memorandum provided to the City Council regarding traffic citations near Gahr High School and staff reported that the installation of the drop-off area on the north side of Artesia Boulevard appears to have helped to improve traffic in this area.  It was also noted that staff would continue to monitor this situation and report back to the City Council.

Councilman Cho commented on the historic election of President-elect Barack Obama as the first President of color and Councilwoman Lee echoed his comments.

Mayor Edwards commented on his attendance at the Southern California Municipal Athletic Federation (SCMAF) awards event and the Cerritos staff's ongoing and continuing leadership involvement in this organization, particularly Ed Baldwin Spirit of SCMAF Award recipient Recreation Supervisor Carlos Espinoza.  He also commented on his attendance at the United States Marine Corps Ball at Camp Pendleton and invited the public to the Veteran's Day event to be held tomorrow at 10:00 a.m. at the Cerritos Veterans Memorial.

ADJOURNMENT

The meeting adjourned at 8:05 p.m.

/s/ Josephine Triggs
Josephine Triggs, City Clerk

ATTEST:

/s/ Jim Edwards
Jim Edwards, Mayor

Approved:  November 24, 2008

 

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