Cerritos City Council Meeting Minutes
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CERRITOS
HELD FEBRUARY 26, 2009
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
Councilwoman Lee offered the invocation.
PLEDGE OF ALLEGIANCE
Girl Scout Brownie, Daisies, Juniors and Cadettes Troop 7673 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 Pro Tem Bruce Barrows
Mayor Jim Edwards
PRESENTATIONS
Girl Scout Brownie, Daisies, Juniors and Cadettes Troop 7673 presented Girl Scout cookies to the City, and proclamations were presented to Marcella Masson in celebration of her 102nd birthday on February 26, 2009 and to Cerritos Sheriff's Station Captain Daryl Evans proclaiming March 2009 as Safe Communities Month in the City of Cerritos.
PUBLIC COMMENTS AND SUGGESTIONS
Jay Gray, Cerritos resident, indicated he did not appreciate a campaign advertisement distributed by Jim Edwards containing photographs of Marines from the Marine Corps 1st Engineer Battalion. He referenced the mid-year 2008-2009 budget modifications and asserted that administrative allocations were sustained at the expense of costs associated with providing services to residents. He asserted that studies undertaken as a part of the Shoemaker Avenue block wall issue were flawed and inquired if the City had requested refunds from the consultants who prepared these reports.
Randy Economy, Cerritos resident, referenced a Federal Maritime Commission compromise agreement that was announced in 2004 related to Zen Continental Co. Inc., which Planning Commissioner Cindy Yen Chen is the President, asserting that this information was not disclosed, is a violation of the public trust and should be investigated, and that Ms. Yen Chen's campaign received loans from Zen Continental Co. Inc. He suggested a review of this matter be placed on the next City Council agenda, asserting that former Economic Development Commissioner Grace Hu resigned after being fined by the Department of Corporations. He requested the City Council effect online posting of campaign disclosure and economic interests filings.
CONSENT CALENDAR
Approval of Register of Demands
MOTION: It was moved by Mayor Pro Tem Barrows and seconded by Councilman Cho to approve the Register of Demands dated February 26, 2009, Checks 106520 through 106831, in the total amount of $8,263,665.20. The motion carried unanimously.
Approval of Treasurer's Report
MOTION: It was moved by Mayor Pro Tem Barrows and seconded by Councilman Cho to approve the Treasurer's Report for the period ending December 31, 2008. The motion carried unanimously.
Approval of Minutes
MOTION: It was moved by Mayor Pro Tem Barrows and seconded by Councilman Cho to approve the Minutes of the Regular Meeting of February 12, 2009 and the Joint Special Meeting of February 18, 2009. The motion carried unanimously.
PUBLIC HEARINGS
The property owner, Walton CWCA O'Donnell Cerritos 46, LLC, 1800 East Imperial Highway, Suite 205, Brea, California, 92821, is requesting approval of a warehouse use at 16201 Commerce Way. The property is located in the M, Industrial Zone (APN 7005-013-066).
Conditional Use Permit 2009-1*
*Pursuant to Section 15301 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 February 26, 2009.
Interested parties were invited to present testimony. There was no response and the public hearing was closed.
MOTION: It was moved by Mayor Pro Tem Barrows and seconded by Councilwoman Lee to approve Conditional Use Permit 2009-1, making the findings set forth in Planning Commission Resolution No. PC 2009-02, as recommended in the staff report dated February 26, 2009. The motion carried unanimously.
Due to a potential conflict of interest relating to his residence being located within close proximity to the properties identified in Agenda Items 10B and 11A, Councilman Cho left the Council Chambers at 7:35 p.m.
A development proposal by the architect, William Renshaw, 6827 Raspberry Court, Corona, California, 92880, on behalf of the property owner, Abraham Ho, to construct a first and second floor addition to an existing church building for a youth recreation center. The property is located at 12061 Del Amo Boulevard, Cerritos, California, 90703 and is zoned RS-6500, Single-Family Residential (APN 7055-023-067).
Conditional Use Permit 73-7(B)(2009) Amendment
Precise Plan 77-55(B)(2009) Amendment*
*Pursuant to Section 15301(e)(2) of the California Environmental Quality Act (CEQA 2000), 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 February 26, 2009, and noted the following corrections to the report:
| Condition of |
"Church Occupancy. The church sanctuary is hereby set to a 201 person maximum occupancy to comply with the Cerritos Municipal Code |
|---|---|
| Page 18, second |
"The buildings are setback 42'-0" feet from the property line along Del Amo Boulevard. Building setbacks, along the east property line adjacent to the single-family residential properties varies from 26'-0 to |
In response to inquiry of the Council, Ms. Hamilton indicated that the Church did not request exclusion from the Arts in Public Places Program and is not precluded from participation in the program. With regard to the petition contained in the February 26, 2009 staff report, it was noted that there are no records of noise complaints associated with the Church, that activities being proposed as part of this application will occur between 4 p.m. and 6 p.m., with Bible study until 8 p.m., and that the structure is within the height restrictions imposed by the Code.
Interested parties were invited to present testimony.
Paul Bellenbaum, Cerritos resident, inquired about the denomination of the church.
Benjamin Shen, representing The Church in Cerritos, indicated that the Church is a non-denominational, evangelical church.
No one else wished to address the City Council and the public hearing was closed.
MOTION: It was moved by Councilwoman Lee and seconded by Mayor Pro Tem Barrows that the City Council:
A. Approve Conditional Use Permit 73-7(B)(2009) Amendment, making the findings set forth in Cerritos Planning Commission Resolution No. PC 2009-03;
B. Approve Precise Plan 77-55(B)(2009) Amendment, making the findings contained in Cerritos Planning Commission Resolution No. PC 2009-04; and
C. Determine, under Cerritos Municipal Code Section 22.94.050(c)(1), that the subject Church project is exempt from the fees for the Art in Public Places Program;
as recommended in the staff report dated February 26, 2009. The motion carried, with Councilman Cho absent.
PENDING LEGAL MATTERS
Resolutions for consideration
Consideration to waive reading of and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS DECLARING ITS INTENTION TO GRANT A TRANSFER OF FRANCHISE 727 FROM SHELL OIL COMPANY (DELAWARE) TO CARDINAL PIPELINE, L.P.
The following was noted during discussion on this item: ordinance language requires modification to ensure that should access to the pipeline be required, that the street be repaired without delay to the same or better quality; that the pipeline is inactive at this time; that the 25 year franchise period is standard for the industry and the City; and that the franchise fee is set by the State Public Utilities Commission and is deposited in the City's General Fund.
MOTION: It was moved by Mayor Pro Tem Barrows and seconded by Councilwoman Lee to waive reading of and adopt Resolution No. 2009-2 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS DECLARING ITS INTENTION TO GRANT A TRANSFER OF FRANCHISE 727 FROM SHELL OIL COMPANY (DELAWARE) TO CARDINAL PIPELINE, L.P.; and to set March 26, 2009 at 7:00 p.m. as the date and time of the public hearing at the Council Chambers of City Hall, 18125 Bloomfield Avenue, Cerritos, CA, 90703 to consider the granting of a franchise to Cardinal Pipeline, L.P., as recommended in the staff report dated February 26, 2009. The motion carried, with Councilman Cho absent.
Councilman Cho returned to the dais at this juncture, 7:55 p.m.
Consideration to waive reading of and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS DECLARING ITS INTENTION TO GRANT A TRANSFER OF FRANCHISE 865 FROM UNION PIPELINE COMPANY (CALIFORNIA) TO CRIMSON CALIFORNIA PIPELINE, L.P.
It was noted that the ordinance language requires modification to ensure that should access to the pipeline be required, that the street be repaired without delay to the same or better quality.
MOTION: It was moved by Mayor Pro Tem Barrows and seconded by Councilwoman Chen to waive reading of and adopt Resolution No. 2009-3 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS DECLARING ITS INTENTION TO GRANT A TRANSFER OF FRANCHISE 865 FROM UNION PIPELINE COMPANY (CALIFORNIA) TO CRIMSON CALIFORNIA PIPELINE, L.P.; and to set March 26, 2009 at 7:00 p.m. as the date and time of the public hearing at the Council Chambers of City Hall, 18125 Bloomfield Avenue, Cerritos, CA 90703 to consider the granting of a franchise to Crimson Pipeline, L.P., as recommended in the staff report dated February 26, 2009. The motion carried unanimously.
Consideration to waive reading of and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS APPROVING THE LOS ANGELES REGIONAL INTEROPERABLE COMMUNICATIONS SYSTEM (LA-RICS) JOINT POWERS AGREEMENT (JPA) AND AUTHORIZING THE CITY'S MEMBERSHIP IN THE
LA-RICS AUTHORITY.
Lt. William Chicchillo, Los Angeles County Sheriff's Department, noted in response to Council inquiry that 4 voting Authority members would be from Los Angeles County and 4 from the City of Los Angeles; the system would enable interagency communication among fire, sheriff and police departments within the County as well as the City of Cerritos and the counties of San Bernardino, Orange and Ventura; thus far 60% of authority funding has been generated from state and federal grants, with 40% from Los Angeles County/City; and grants would require re-application annually.
MOTION: It was moved by Mayor Pro Tem Barrows and seconded by Councilman Cho to waive reading of and adopt Resolution No. 2009-4 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS APPROVING THE LOS ANGELES REGIONAL INTEROPERABLE COMMUNICATIONS SYSTEM (LA-RICS) JOINT POWERS AGREEMENT (JPA) AND AUTHORIZING THE CITY'S MEMBERSHIP IN THE LA-RICS AUTHORITY. The motion carried unanimously.
NEW AND OLD BUSINESS
Review and consideration of the commission and committee system in the City of Cerritos.
It was noted that one written comment had been received and was made a part of the record.
Following a review of the staff report dated February 26, 2009 by Senior Assistant City Manager Brar, Councilman Cho addressed his Commission and Committee Reorganization Proposal.
Jay Gray, Cerritos resident, expressed appreciation for Councilman Cho's proposal, noting that the system is too closed and needs more community input and involvement.
Ram Kakkar, Cerritos resident, thanked Councilman Cho for his proposal, expressed that more community involvement is necessary, and called for more timely responsiveness to input by residents.
Gail Grossman, Cerritos resident, spoke of the community benefit of having Commissions and Committees, noting that some tasks could be combined or eliminated through restructuring. She suggested quarterly meetings for Commissions and Committees, with the exception of the Planning and Property Preservation Commission, no stipends, no conferences, unless driven to and returned from in one day, no meals before meetings, no involvement in budgetary items, and purchase of conference DVDs.
Martin Grossman, Cerritos resident, noted that Councilman Cho's proposal was recently provided and suggested giving the community an opportunity to review the proposal prior to taking action on the matter.
Discussion ensued regarding the possibility of postponing the matter to allow for additional review of Councilman Cho's proposal.
MOTION: It was moved by Mayor Pro Tem Barrows and seconded by Councilwoman Lee to defer consideration of the commission and committee system in the City of Cerritos to the 2nd meeting in March. The motion carried unanimously.
PENDING LEGISLATION
City Manager Gallucci commented generally on the federal stimulus bill and noted an additional earmark project related to bus transportation.
CITY COUNCIL COMMUNICATIONS/COMMITTEE REPORTS/REPORT ON MEETINGS
Councilwoman Chen noted that she had received several communications from residents indicating that the traffic situations at Gahr High School and Leal Elementary School had not improved and suggested increased patrols in these areas. She noted this was her last meeting before the upcoming City Council election and thanked the residents for giving her the opportunity to serve on the Council.
Councilwoman Lee reported on her attendance at the February 26 Volunteer Coaches event at Cerritos Park East.
Mayor Pro Tem Barrows commented further on the Volunteer Coaches event and noted increased student achievement of those involved in extracurricular pursuits.
Mayor Edwards commended the volunteer coaches for their community service. He indicated this was his last meeting before the March 3 City election and thanked the residents for the opportunity to serve the community.
ADJOURNMENT
Following remarks in remembrance of Cerritos residents Tom Primosch and Judy Kemp, both of whom recently passed away, the meeting was adjourned at 8:55 p.m. in their memory.
/s/Josephine Triggs
Josephine Triggs, City Clerk
ATTEST:
/s/Bruce Barrows
Bruce Barrows, Mayor
Approved: March 26, 2009
