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Cerritos City Council Meeting Minutes

MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CERRITOS
HELD APRIL 9, 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

Councilman Edwards offered the invocation.

PLEDGE OF ALLEGIANCE

Boy Scout Troop 394 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 Jim Edwards
Councilwoman Laura Lee
Mayor Pro Tem Joseph Cho, Ph.D.
Mayor Bruce W. Barrows

PRESENTATIONS

Pam McNeely, Entries Chair for the 2010 Tournament of Roses, presented the City Council with a Participant's Float Photo for participation in the 2009 Tournament of Roses Parade.  Proclamations were presented to the Complete Count Committee in recognition of the partnership with the United States Census Bureau to ensure a full and accurate count in 2010; Kevin Monroe, an Ambassador for One Legacy/Donate Life proclaiming the month of April 2009 as DMV/Donate Life California Month; and Szuhai Joe Wang, Senior Consul and spokesperson of the Los Angeles Taipei Economic and Cultural Office, for his efforts in promoting cultural exchange and friendship.

PUBLIC COMMENTS AND SUGGESTIONS

Steve Stallings, Cerritos resident, asserted that Council action establishing fines for administrative citations related to code enforcement is in violation of Proposition 218 and indicated it should be repealed or severely amended to restrict cost of revenue generated for cost of enforcement, which he indicated was required by the Charter, or the City would be reported to the Los Angeles County District Attorney's Office of civil procedure.

Harold Durbin, Artesia resident, asked the City to repaint the volleyball court lines at Cerritos High School.  It was noted that the City Manager would contact the ABC Unified School District regarding his request.

Nick Kim, Cerritos resident and Planning Commissioner, referenced the last City Council meeting at which the City's Commission and Committee structure was addressed and commented on the merits of a senior commission, noting an anticipated increase in the City's senior population.

Raymond Fong, Cerritos resident, noted he was the victim of a recent home invasion robbery and asked the Council to discuss and look at measures to improve safety and security for the residents of Cerritos.  Community and Safety Services Director Berg was asked to speak with Mr. Fong regarding this matter.

Staff was directed to provide a response to Mr. Stallings comments at the next meeting.

CONSENT CALENDAR

Approval of Register of Demands

MOTION:  It was moved by Councilman Edwards and seconded by Mayor Pro Tem Cho to approve the Register of Demands dated April 9, 2009, Checks 107678 through 108052, in the total amount of $10,811,492.61.  The motion carried unanimously.

Approval of Minutes

MOTION:  It was moved by Councilman Edwards and seconded by Councilwoman Lee to approve the Minutes of the Special Meeting of March 26, 2009, as corrected, and the Regular Meeting of March 26, 2009.  The motion carried unanimously.

Ordinances for second reading and adoption.  Reading of ordinances waived and ordinances adopted.

ORDINANCE NO. 946 – AN ORDINANCE OF THE CITY OF CERRITOS GRANTING TO CRIMSON CALIFORNIA PIPELINE, L.P., A FRANCHISE TO INSTALL, OPERATE, MAINTAIN, REPLACE, ABANDON IN PLACE AND/OR REMOVE PIPELINES FOR THE TRANSPORTATION OF OIL, GAS, PETROLEUM, LIQUID HYDROCARBON PRODUCTS, AND OTHER SUBSTANCES, IN, UNDER, ALONG AND ACROSS CERTAIN PUBLIC STREETS AS SET FORTH IN SAID ORDINANCE WITHIN THE CITY OF CERRITOS.

MOTION:  It was moved by Councilman Edwards and seconded by Councilwoman Lee to waive reading of and adopt Ordinance No. 946 entitled AN ORDINANCE OF THE CITY OF CERRITOS GRANTING TO CRIMSON CALIFORNIA PIPELINE, L.P., A FRANCHISE TO INSTALL, OPERATE, MAINTAIN, REPLACE, ABANDON IN PLACE AND/OR REMOVE PIPELINES FOR THE TRANSPORTATION OF OIL, GAS, PETROLEUM, LIQUID HYDROCARBON PRODUCTS, AND OTHER SUBSTANCES, IN, UNDER, ALONG AND ACROSS CERTAIN PUBLIC STREETS AS SET FORTH IN SAID ORDINANCE WITHIN THE CITY OF CERRITOS.  The motion carried by the following vote:

AYES:             Councilmembers – Chen, Edwards, Lee, Cho, Barrows

NOES:             Councilmembers – None

ABSENT:        Councilmembers – None

ABSTAIN:       Councilmembers – None

ORDINANCE NO. 947 - AN ORDINANCE OF THE CITY OF CERRITOS GRANTING TO CARDINAL PIPELINE, L.P., A FRANCHISE TO INSTALL, OPERATE, MAINTAIN, REPLACE, ABANDON IN PLACE AND/OR REMOVE PIPELINES FOR THE TRANSPORTATION OF OIL, GAS, PETROLEUM, LIQUID HYDROCARBON PRODUCTS, AND OTHER SUBSTANCES, IN, UNDER, ALONG AND ACROSS CERTAIN PUBLIC STREETS AS SET FORTH IN SAID ORDINANCE WITHIN THE CITY OF CERRITOS.

MOTION:  It was moved by Councilwoman Edwards and seconded by Councilwoman Lee to waive reading of and adopt Ordinance No. 947 entitled AN ORDINANCE OF THE CITY OF CERRITOS GRANTING TO CARDINAL PIPELINE, L.P., A FRANCHISE TO INSTALL, OPERATE, MAINTAIN, REPLACE, ABANDON IN PLACE AND/OR REMOVE PIPELINES FOR THE TRANSPORTATION OF OIL, GAS, PETROLEUM, LIQUID HYDROCARBON PRODUCTS, AND OTHER SUBSTANCES, IN, UNDER, ALONG AND ACROSS CERTAIN PUBLIC STREETS AS SET FORTH IN SAID ORDINANCE WITHIN THE CITY OF CERRITOS.  The motion carried by the following vote:

AYES:             Councilmembers – Chen, Edwards, Lee, Barrows

NOES:             Councilmembers – None

ABSENT:        Councilmembers – None

ABSTAIN:       Councilmembers – Cho

PUBLIC HEARINGS

Consideration to waive reading of and introduce AN ORDINANCE OF THE CITY OF CERRITOS AMENDING CHAPTER 22.22 OF THE CERRITOS MUNICIPAL CODE PERTAINING TO THE REGULATION of garages, Driveways and walkways on property zoned single-family residential.

Development Code Amendment 2008-5*

*Pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA), this project is exempt from CEQA review.

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

Management Analyst Carey reviewed the staff report dated April 9, 2009, noting that the proposals would not be applied retroactively.  In response to inquiry of the Council, it was noted that the intent of the proposed regulations would involve major renovations encompassing modification to the walkways and driveway.  It was noted the regulations would not be applied retroactively and would apply in instances of major renovations of 900 square feet, modifications involving the walkways and driveways, and/or applications requiring Planning Commission approval, and that water heater replacements, air conditioning, window replacements, roofing jobs and the like would not be considered major renovations.  Storm water run-off was also referenced during the discussion, and it was indicated by staff that it was not the intent of the regulations to discourage use of non-concrete materials for driveways, but to provide a separation of the driveway from adjacent pedestrian walkways leading to a residence.

Interested parties were invited to present testimony.

Steve Stallings, Cerritos resident, expressed opposition to regulation of private property beyond what is required of health and safety or illegal use.  He referenced right to privacy in objecting to inspection or restriction of the legal use of his garage, noting that many of the cars he has owned were too long to fit in the garage and close the door.

Jim McMahon, Cerritos resident, expressed opposition to the proposed ordinance, asserting that this proposal would affect 5,000 homeowners and should have been advertised in the newspaper, TV3, the front page of the City's website, and notice given to everyone.  He added that this is a religious holiday for some residents, which also affects participation, and commented regarding complaints he filed with the District Attorney regarding Brown Act issues associated with public hearings.  He stated further that the proposal would require elimination of recreation vehicle driveways and third car driveway for unrelated construction such as swimming pool installation or fire or earthquake damage.

Lisa Hilborn, Cerritos resident, discussed the potential ramifications of the proposed ordinance on the disabled.

It was pointed out by staff that reasonable accommodations statutes entitle disabled residents to exemptions from the regulations in order to provide them with reasonable access to their living space.

Jon High, Cerritos resident, expressed that the proposed ordinance is arbitrary and capricious and appears to focus on the type of vehicles that can be parked in the driveway.  He indicated that the extra concrete is the only means he has to pull his motor home out of the backyard and an attractive planter would be in the way.

A.C. Goings, Cerritos resident, stated that the intent of the proposed ordinance is to limit the parking of vehicles on driveways to two and require the inspection of the contents of garages for citation purposes.  He indicated that it took four years to locate a home in Cerritos with recreational vehicle access and adequate space to accommodate his lifestyle, including his vehicles, motor home, enclosed trailer, race car, quad and tools.  He asserted further that the walkway is his walkway not a pedestrian walkway and the proposed ordinance would effectively put a stop his plans to renovate his home because it would mean the loss of the four car parking in front of his garage.  He opined that the written report does not convey what has been verbally reported this evening; that he has never seen neighbors dismantling cars in their front driveways; that better notice of this hearing was needed; and that parking in the street and raising garages to accommodate larger vehicles is prohibited.

Jessica Empson, Cerritos resident, commented on disabled access and discussed the renovation of the front of her house, which resulted in pulling out concrete that was intended for recreational vehicle access to the backyard after the renovation was completed, noting that the proposed ordinance will deter residents from upgrading the fronts of their houses.  She expressed that it appeared the ordinance was being proposed to generate revenue from parking permits.

Scott Haller, Cerritos resident, expressed that the proposed ordinance oversteps privacy rights issues related to what is stored in his garage.  He indicated that he maintains his property and that the configuration of his driveway in relation to his home would make it difficult to accommodate a walkway.

Janetta Jimenez, Cerritos resident, indicated she owns a motor home and was concerned why photographs displayed lacked examples of recreation vehicle parking.  In response, Community Development Director Contreras indicated that the ordinance proposes no changes to recreational vehicle regulations, noting that the intent of the ordinance is to require a physical separation between a pedestrian walkway and the driveway, and permits enhanced or decorative paving to abut the driveway in instances where a separation cannot occur.  With regard to garages, Mr. Contreras pointed out that the ordinance addresses only permanent structures within garages to deter the use of those spaces for habitable purposes or living quarters.

Beth Babiera and Lourdes Creus, Cerritos residents, indicated that due to the economic downturn their families must live in the same house and use their garage for storage, which has resulted in the need for additional space to park an increased number of vehicles.  They asserted that the proposed ordinance will create an additional burden to residents in similar circumstances who lack space to park their vehicles. 

Bob Vanden Berg, Cerritos resident, noted that due to the economic downturn family members had recently moved in with him and it was necessary to park three cars in the driveway or face overnight parking citations.  He added that the proposal comes at a difficult time bringing with it additional challenges, asked that the Council not proceed with this ordinance, and that better notice be given in the future.

No one else wished to present testimony and public hearing was closed.

Discussion followed regarding possibly deferring action with regard to the driveway issue for clarification of major improvements.

MOTION:  It was moved by Councilwoman Lee and seconded by Councilwoman Chen to amend Municipal Code Section 22.22.700(15)(a) and 22.22.700(15)(b) as follows:

(15)      Parking, Off-Street

            (a)        A minimum of two parking spaces shall be provided for each single-family dwelling within a completely enclosed garage.  The interior dimensions of the garage shall be no less than twenty feet in width and twenty-two feet in depth and shall remain free and clear of any permanent structures including, but not limited to walls, utility equipment and storage facilities, that preclude the parking of vehicles.; and delete section 22.22.700(15)(b).

The motion carried with Mayor Pro Tem Cho dissenting.

MOTION:  It was moved by Councilman Lee and seconded by Mayor Pro Tem Cho to amend section 22.22.700(15)(c) as follows:

(15)      Parking, Off-Street

            (c)        The major repair of any vehicle must be conducted within the confines of a garage area and be screened from public view.

The motion carried unanimously

MOTION:  It was moved by Mayor Pro Tem Cho and seconded by Councilwoman Lee to refer Municipal Code Section 22.22.700(d) back to the Planning Commission for review and clarification and report back to the City Council.  The motion carried unanimously.

MOTION:  It was moved by Councilwoman Lee and seconded by Councilwoman Chen to waive reading of and introduce Ordinance No. 948, as amended, and entitled AN ORDINANCE OF THE CITY OF CERRITOS AMENDING CHAPTER 22.22 OF THE CERRITOS MUNICIPAL CODE PERTAINING TO THE REGULATION OF GARAGES, DRIVEWAYS AND WALKWAYS ON PROPERTY ZONED SINGLE-FAMILY RESIDENTIAL.  The motion carried by the following vote:

AYES:             Councilmembers – Chen, Edwards, Lee, Cho, Barrows

NOES:             Councilmembers – None

ABSENT:        Councilmembers – None

ABSTAIN:       Councilmembers – None

RECESS AND RECONVENE

The meeting recessed at 9:20 p.m. and reconvened at 9:30 p.m. with all Councilmembers in attendance.

PENDING LEGAL MATTERS

Resolution for consideration

Consideration to waive reading of and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS ADOPTING THE CALIFORNIA DEPARTMENT OF TRANSPORTATION DISADVANTAGED BUSINESS ENTERPRISE PROGRAM (DBE), AUTHORIZING THE CITY MANAGER TO EXECUTE THE CALTRANS AGREEMENT AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO SERVE AS THE CITY'S DISADVANTAGED BUSINESS ENTERPRISE LIAISON OFFICER (DBELO) AND TO SUBMIT ANNUAL DBE RELATED REPORTS TO CALTRANS FOR ALL FEDERALLY FUNDED PROJECTS.

MOTION:  It was moved by Councilman Edwards and seconded by Mayor Pro Tem Cho to waive reading of and adopt Resolution No. 2009-7 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS ADOPTING THE CALIFORNIA DEPARTMENT OF TRANSPORTATION DISADVANTAGED BUSINESS ENTERPRISE PROGRAM (DBE), AUTHORIZING THE CITY MANAGER TO EXECUTE THE CALTRANS AGREEMENT AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO SERVE AS THE CITY'S DISADVANTAGED BUSINESS ENTERPRISE LIAISON OFFICER (DBELO) AND TO SUBMIT ANNUAL DBE RELATED REPORTS TO CALTRANS FOR ALL FEDERALLY FUNDED PROJECTS.  The motion carried unanimously.

NEW AND OLD BUSINESS

Review and consideration of a preliminary plan for a new sculpture that is to be determined at a later date for future installation in the Cerritos Sculpture Garden generally located in the Cerritos Civic Center on the northwest corner of Bloomfield Avenue and 183rd Street, west of the Cerritos Sheriff's Station (APN 7025-028-904).

Assistant City Manager Matsumoto presented the Fine Arts and Historical Commission recommendation to place an art piece outside of the garden wall on the 183rd Street side to stimulate interest in the Cerritos Sculpture Garden at an estimated cost of $100,000 from the Art in Public Places Trust Fund. 

Discussion ensued regarding the appropriate placement of new art pieces whether within or outside of the Sculpture Garden, associated costs, the artistic elements of the existing perimeter wall of the Sculpture Garden, community input on selection of art pieces, and possibly referring the matter back to the Fire Arts and Historical Commission for further study.

MOTION:  It was moved by Mayor Pro Tem Cho and seconded by Councilwoman Lee to refer the matter back to the Fine Arts and Historical Commission for further study.  The motion carried with Councilman Edwards and Mayor Barrows dissenting.

MOTION FAILS:  It was moved by Councilman Edwards and seconded by Mayor Barrows to increase the budget of the proposed art piece and place the item inside of the sculpture garden.  The motion failed with Councilmembers Chen and Lee and Mayor Pro Tem Cho dissenting.

Consideration by the Cerritos Redevelopment Agency of an amendment to a lease agreement with the Los Angeles County Metropolitan Transportation Authority (MTA) for property located west of Studebaker Road, south of Artesia Boulevard and east of the 605 Freeway within the Los Cerritos Redevelopment Project Area (APN 7034-016-907).

MOTION:  It was moved by Councilwoman Lee and seconded by Mayor Pro Tem Cho to approve a lease agreement amendment between the Cerritos Redevelopment Agency and the Los Angeles County Metropolitan Transportation Authority, subject to approval as to form by Agency Counsel, for the property located west of Studebaker Road, southwest of the intersection of Artesia Boulevard and Studebaker Road and east of the 605 Freeway (APN 7034-016-907); and authorize the Executive Director to execute a lease amendment between the Cerritos Redevelopment Agency and the Los Angeles County Metropolitan Transportation Authority, subject to approval as to form by Agency Counsel, for the property located west of Studebaker Road, southwest of the intersection of Artesia Boulevard and Studebaker Road and east of the 605 Freeway (APN 7034-016-907).  The motion carried unanimously.

Review and consideration of a request by the Gateway Cities Council of Governments (COG) for the payment of a special assessment for consultant services to prepare an initial strategy assessment for the new requirements mandated by AB 32, The Global Warming Solutions Act of 2006 and SB 375 relating to the reduction of greenhouse gas emissions.

MOTION:  It was moved by Councilwoman Chen and seconded by Mayor Pro Tem Cho to approve the payment of $5,000 from the City's allocation of AB 2766 funds to the Gateway Cities Council of Governments (COG) for the special assessment to provide for consulting services relating to SB 375.  The motion carried unanimously.

PENDING LEGISLATION

City Manager Gallucci reported on Assembly Bill 109 relating to a moratorium on electronic billboard signs along freeways.

CITY COUNCIL COMMUNICATIONS/COMMITTEE REPORTS/REPORT ON MEETINGS

Councilman Edwards reported on the ribbon-cutting ceremony for the new picnic shelter at Cerritos Park East and his attendance at the Welcome Home Vietnam Veterans Day event at California High School Stadium in Whittier.

Councilwoman Lee asked staff to confirm that the Cerritos-On-Wheels bus is stopping at Pioneer Villas as noted on their bus schedule and wished everyone a happy Easter.

Mayor Pro Tem Cho referenced the upcoming 2010 census and commented on his attendance at the Census 2010 Korean Community Kick-off ceremony.

At the request of Mayor Barrows City Manager Gallucci reported on a recent joint cities lawsuit win with regard to storm water run-off.

ADJOURNMENT

The meeting adjourned at 10:40 p.m.

/s/Josephine Triggs                   
Josephine Triggs, City Clerk
 

ATTEST:

/s/Bruce Barrows                     
Bruce Barrows, Mayor

Approved:  April 23, 2009

 

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