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Cerritos City Council Meeting Minutes

MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CERRITOS
HELD DECEMBER 11, 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

Rabbi Dov Gartenberg with Temple Beth Shalom in Long Beach 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
Councilwoman Laura Lee
Mayor Pro Tem Bruce W. Barrows
Mayor Jim Edwards

MOTION:  It was moved by Councilwoman Chen and seconded by Mayor Pro Tem Barrows to excuse the absence of Councilman Cho.  The motion carried.

PRESENTATIONS

Central Basin Municipal Water District Director Phil Hawkins made a presentation to the City in recognition of its efforts in water conservation.

Presentations were made to the following:  Scott L. White and Bryan A. Stirrat in appreciation of dedicated service to the Friends of Arts Education at the Cerritos Center for the Performing Arts; Playful City USA recognition to Parks and Recreation Commissioners; Cerritos Optimist Club and Boy Scout Troop 904 for assistance with the 2008 Halloween Festival Haunted House; and Randy Hall for achieving the rank of Eagle Scout.

PUBLIC COMMENTS AND SUGGESTIONS

CONSENSUS:  At the suggestion of Mayor Pro Tem Barrows, it was the consensus of the City Council to direct staff to report back in January 2009 on the arterial block wall and fence extension issues, including community meetings and Proposition 218 analysis.

Jerry Kamashian, Cerritos resident, submitted an unsigned letter dated December 11, 2008.  He referenced Code Enforcement related matters that were addressed in Council meetings in November and December 2006, asserting that a slander had occurred with regard to the December 14, 2006 staff report, which he opined implied that the written information he provided was false and misleading.  Mr. Kamashian commented on recent research in an attempt to clarify this situation; requested a retraction of the City's report and an apology; and added that residents should be able to communicate with the City without feeling threatened.

Ram Kakkar, Cerritos resident, expressed disagreement with the traffic count figures of 15,000 cars that he discussed with the City Manager.  He asserted that the Environmental Impact Report (EIR) for the Towne Center/Shoemaker Overpass addressed the Towne Center site only; ignored noise, air pollution and personal security issues affecting residents; and recommended building 8-10 foot walls around Shoemaker Avenue.  He questioned the credibility of Negative Declarations associated with subsequent Towne Center-related projects, opining that noise, traffic, health hazards, and privacy impacts on residents were not sufficiently analyzed.  He referenced the through-way status of Shoemaker Avenue and added that Shoemaker Avenue south of 183rd Street has been converted into a 10,500-car secondary highway as a result of the Towne Center development with the highest traffic volume increases of all City streets.  He asked that this matter be addressed and that the issues raised by affected residents be taken into consideration.

Alon Barlevy, Cerritos resident, extended condolences to Councilman Cho and his family on the recent passing of Councilman Cho's father.  He referenced his comments at the November 24, 2008 City Council meeting with regard to consolidating City elections with the County to save money and asserted that the City Attorney had indicated that Councilman Cho's comments in response were in violation of the Brown Act.  Dr. Barlevy expressed that Councilman Cho's comments were not in violation of the Brown Act; the Brown Act does not trump Councilman Cho's First Amendment right to express his opinion; and the Brown Act should not be used to shield the Council from providing service.  He then presented Councilwoman Lee with the Alon Barlevy award for excellence in constituent service for her remarks made at the November 24, 2008 meeting with regard to staff response to a block wall matter involving a resident and urged staff to admit mistakes when they are made.

Jay Gray, Cerritos resident, asked residents who are concerned about arterial block walls to e-mail him at cerritos90703@verizon.net.  With regard to the Shoemaker Avenue arterial block wall, Mr. Gray reiterated the comments of Ram Kakkar related to environmental reports, asserting that wall extensions were discussed as a mitigation measure to the noise, traffic and security concerns of residents, yet the City prohibits them.  He questioned the City's timeline with regard to the Shoemaker Avenue dead-end/through way status, noting that the City should act responsibly and that residents have suffered long enough.  Mr. Gray commented further that the City has subsidized the theater at the expense of the walls and that the required wall footings for new block walls are too deep.

Mayor Edwards commented on the Shoemaker Avenue dead-end and encouraged verification of information from the source.

CONSENT CALENDAR

Approval of Register of Demands

MOTION:  It was moved by Mayor Pro Tem Barrows and seconded by Councilwoman Lee to approve the Register of Demands dated December 11, 2008, Checks 104627 through 105032, in the total amount of $9,524,257.37.  The motion carried, with Councilman Cho absent.

Approval of Treasurer's Report

MOTION:  It was moved by Mayor Pro Tem Barrows and seconded by Councilwoman Lee to approve the Treasurer's Report for the period ending October 31, 2008.  The motion carried, with Councilman Cho absent.

Approval of Minutes

MOTION:  It was moved by Mayor Pro Tem Barrows and seconded by Councilwoman Lee to approve the Minutes of the Special Meeting of November 24, 2008.  The motion carried, with Councilman Cho absent.

Ordinance for second reading and adoption.  Reading of ordinance waived and ordinance adopted.

ORDINANCE NO. 944 - 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.

MOTION:  It was moved by Mayor Pro Tem Barrows and seconded by Councilwoman Lee to waive reading of and adopt Ordinance No. 944 entitled 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.  The motion carried by the following vote:

AYES:             Councilmembers – Chen, Lee, Barrows, Edwards

NOES:             Councilmembers – None

ABSENT:        Councilmembers – Cho

ABSTAIN:       Councilmembers – None

Miscellaneous

Consideration of the City of Cerritos' Annual Financial Report for Fiscal Year 2007-2008.

MOTION:  It was moved by Mayor Pro Tem Barrows and seconded by Councilwoman Lee to receive and file the Fiscal Year 2007-2008 City of Cerritos Financial Report.  The motion carried, with Councilman Cho absent.

Consideration of the annual report of the Cerritos Redevelopment Agency for Fiscal Year 2007-2008.

MOTION:  It was moved by Mayor Pro Tem Barrows and seconded by Councilwoman Lee to receive and file the Annual Report of the Cerritos Redevelopment Agency for Fiscal Year 2007-2008; and direct staff to transmit a copy of this report and the Redevelopment Agency Annual Financial Report for Fiscal Year 2007-2008, as required, to the State of California Department of Housing and Community Development.  The motion carried, with Councilman Cho absent.

PUBLIC HEARINGS

The applicant, Jaime Cruz of HPA, Inc., 18831 Bardeen Avenue, Suite 100, Irvine, California, 92612, is requesting, on behalf of the property owner, Crown Associates Realty, Inc., approval to demolish an existing industrial building and to construct a new industrial building on property located at 14141 Arbor Place, Cerritos, California, 90703.  The subject site is zoned M, Industrial (APN 7003-013-003).

Mitigated Negative Declaration*

Conditional Use Permit 2008-3

Precise Plan 2008-15

*One Mitigated Negative Declaration was prepared for Conditional Use Permit 2008-3 and Precise Plan 2008-15.

Title was read to the foregoing item and the public hearing opened.

Current Planning Manager Hamilton reviewed the staff report dated December 11, 2008.

Interested parties were invited to present testimony.  No one wishing to present testimony, the public hearing was closed.

MOTION:  It was moved by Mayor Pro Tem Barrows and seconded by Councilwoman Chen that the City Council:

A.        Receive, file, certify and approve the Mitigated Negative Declaration making the findings set forth in Cerritos Planning Commission Resolution No. PC 2008-43;

B.         Approve Conditional Use Permit 2008-3, making the findings set forth in the Cerritos Planning Commission Resolution No. PC 2008-44; and

C.        Approve Precise Plan 2008-15, making the findings set forth in the Cerritos Planning Commission Resolution No. PC 2008-45;

as recommended in the staff report dated December 11, 2008.  The motion carried, with Councilman Cho absent.

A proposal by UAG Cerritos, LLC, 10901 183rd Street, Cerritos, CA, 90703 on behalf of the property owner, Argonaut Holdings, Inc. for an addition to an existing automobile dealership building located at 18120 Studebaker Road.  The existing building and proposed addition will be used as a Smart Car automobile dealership to be identified as "Smart Center of Cerritos."  The subject property is zoned ADP-5 and is located in the Los Cerritos Redevelopment Project Area (APN 7034-017-029).

Cerritos Redevelopment Agency Conformity Report 2008-5

Precise Plan 96-2(A)(2008) Amendment

*Pursuant to Section 15301(e) of the California Environmental Quality Act (CEQA), this project is categorically exempt.

Title was read to the foregoing item and the public hearing opened.

Current Planning Manager Hamilton reviewed the staff report dated December 11, 2008.

Interested parties were invited to present testimony.  No one wishing to present testimony, the public hearing was closed.

MOTION:  It was moved by Councilwoman Lee and seconded by Mayor Pro Tem Barrows that the City Council:

A.        Receive and file Cerritos Redevelopment Agency Conformity Report 2008-5; and

B.         Approve Precise Plan 96-2(A)(2008) Amendment, making the findings set forth in the Cerritos Planning Commission Resolution No. PC 2008-42;

as recommended in the staff report dated December 11, 2008.  The motion carried, with Councilman Cho absent.

PENDING LEGAL MATTERS

Resolutions for consideration

Consideration of adoption of the Fiscal Year 2008-2009 appropriation limit.

Consideration to waive reading of and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS APPROVING AND ADOPTING THE ANNUAL APPROPRIATION LIMIT FOR FISCAL YEAR 2008-2009.

MOTION:  It was moved by Mayor Pro Tem Barrows and seconded by Councilwoman Chen to waive reading of and adopt Resolution No. 2008-38 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS APPROVING AND ADOPTING THE ANNUAL APPROPRIATION LIMIT FOR FISCAL YEAR 2008-2009.  The motion carried, with Councilman Cho absent.

Consideration to waive reading of and adopt A JOINT RESOLUTION OF THE CERRITOS CITY COUNCIL, CERRITOS REDEVELOPMENT AGENCY, AND CERRITOS PUBLIC FINANCING AUTHORITY ADOPTING CONFLICT OF INTEREST CODES AND REPEALING RESOLUTIONS NO. 2006-34, CRA 2006-5, AND CPFA 2006-2.

MOTION:  It was moved by Councilwoman Lee and seconded by Mayor Pro Tem Barrows to waive reading of and adopt Joint Resolution No. 2008-39, No. CRA 2008-5 and No. CPFA 2008-1 entitled A JOINT RESOLUTION OF THE CERRITOS CITY COUNCIL, CERRITOS REDEVELOPMENT AGENCY, AND CERRITOS PUBLIC FINANCING AUTHORITY ADOPTING CONFLICT OF INTEREST CODES AND REPEALING RESOLUTIONS NO. 2006-34, CRA 2006-5, AND CPFA 2006-2.  The motion carried, with Councilman Cho absent.

PENDING LEGISLATION

City Manager Gallucci reported that staff continues to monitor the State budget crisis and its potential impact on the City and Redevelopment Agency.

CITY COUNCIL COMMUNICATIONS/COMMITTEE REPORTS/REPORT ON MEETINGS

Councilwoman Chen reported on her attendance at a variety of youth events in the City, particularly those sponsored by the Cerritos Korean Club, Artesia-Cerritos Woman's Club, and Cerritos Library.  She commented on a recent trip abroad where she traveled on the high speed rail in Taiwan and provided related written information to staff and Council for reference.

Councilwoman Lee noted her experience riding the Taiwan high speed rail last year and read a letter from a resident to staff commending the City on its Veteran's Day observance.  She wished everyone a wonderful Holiday Season and a Happy New Year.

Mayor Pro Tem Barrows reported on his attendance at a California Infrastructure on Public-Private Partnerships summit in Anaheim.  He wished everyone a Happy Holiday Season and briefly commented on his outlook of future economic conditions.

Mayor Edwards noted his attendance at the Cerritos Library function honoring youth writing and poetry and his attendance at the Senior volunteer function at the Senior Center.  He also commented on the resident letter commending the Veteran's Day ceremony, and read a brief remembrance from Councilman Cho of his father Yong Hwan Cho, who recently passed away.  The Mayor wished everyone a Merry Christmas and Happy New Year.

ADJOURNMENT

The meeting adjourned at 8:25 p.m. in memory of Councilman Joseph Cho's father Yong Hwan Cho, who recently passed away.

/s/Josephine Triggs   

Josephine Triggs, City Clerk

ATTEST:

/s/Jim Edwards   

Jim Edwards, Mayor

Approved:  January 8, 2009

 

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