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Cerritos City Council Meeting Minutes

MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CERRITOS
HELD SEPTEMBER 10, 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

Pastor Amy Lunde-Whitler with New Life Community Church in Artesia offered the invocation.

PLEDGE OF ALLEGIANCE

Councilwoman Carol Chen 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

A proclamation was presented to Cerritos-Artesia Little League Cerritos All Stars Boys Baseball Team for achieving the best finish of any Cerritos team in the Major Division to compete in the last 23 years.

PUBLIC COMMENTS AND SUGGESTIONS

John Watts, Cerritos resident, concurred with the urgency ordinance adopted by the Council related to establishing a moratorium to prohibit medical marijuana dispensaries in all zones and prohibit the issuance of related building permits and other land use entitlements.  He also requested the status of his request for revision of the vehicle code regarding jaywalking to apply to everyone and not just those who drive to school.  It was noted that the City's previous response on this issue would be forwarded to Mr. Watts.

CONSENT CALENDAR

Approval of Register of Demands

MOTION:  It was moved by Councilwoman Chen and seconded by Councilman Edwards to approve the Register of Demands dated September 10, 2009, Checks 110838 through 111191, in the total amount of $5,490,812.06.  The motion carried unanimously.

Approval of Treasurer's Report for the period ending July 31, 2009

MOTION:  It was moved by Councilwoman Chen and seconded by Councilman Edwards to approve the Treasurer's Report for the period ending July 31, 2009.  The motion carried unanimously.

Approval of Minutes

MOTION:  It was moved by Councilwoman Chen and seconded by Councilman Edwards to approve the Minutes of the Special Meeting of August 18, 2009, Special Meeting of August 25, 2009, and Regular Meeting of August 27, 2009.  The motion carried unanimously.

Miscellaneous

A request by Abraham Ho, property owner, for an 18-month time extension to previously approved Conditional Use Permit 73-7(B)(2009) Amendment and Precise Plan 77-55(B)(2009) Amendment 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.  The subject property is zoned RS 6500, Single-Family Residential

(APN 7055-023-067).

MOTION:  It was moved by Councilwoman Chen and seconded by Councilman Edwards to approve an 18-month extension for Conditional Use Permit 73-7(B)(2009) Amendment and Precise Plan 77-55(B)(2009) Amendment, commencing on February 26, 2009 and ending on August 26, 2010, and making the findings set forth in Cerritos Planning Commission Resolution No. PC 2009-27.  The motion carried unanimously.

The following Agenda Items 11A, 11B and 12A were heard/considered concurrently.

PUBLIC HEARINGS

Consideration to waive reading of and introduce AN ORDINANCE OF THE CITY OF CERRITOS AMENDING CHAPTER 22.25, CN – NEIGHBORHOOD COMMERCIAL ZONE, OF THE CERRITOS MUNICIPAL CODE AS IT RELATES TO SIDE AND REAR YARD SETBACK STANDARDS FOR PROPERTIES ZONED CN THAT ARE THREE QUARTERS OF AN ACRE OR LESS IN SIZE, THAT ABUT A RESIDENTIAL AREA, AND THAT ARE NOT CONTIGUOUS TO OTHER PARCELS ZONED CN.

Mitigated Negative Declaration*

Development Code Amendment 2009-2

*One Mitigated Negative Declaration was prepared for Development Code Amendment 2009-2, Conditional Use Permit 2009-2, and Precise Plan 2009-9.

A development proposal by Kevin Oreck Architect Inc., 113-1/2 North La Brea Avenue, #114, Los Angeles, CA, 90036, on behalf of the property owner, United El Segundo, Inc., to demolish an existing service station building and two (2) pump island canopies and to construct a new convenience service station building and one (1) pump island canopy.  The applicant is requesting approval of a convenience service station use that will include the sale of convenience store goods and gasoline sales.  The subject site is located at 17255 Bloomfield Avenue, Cerritos, California, 90703, is zoned CN - Neighborhood Commercial and is located in the Los Coyotes Redevelopment Project Area (APN 7025-001-005).

Cerritos Redevelopment Agency Conformity Report 2009-4

Mitigated Negative Declaration*

Conditional Use Permit 2009-2

Precise Plan 2009-9

*One Mitigated Negative Declaration was prepared for Development Code Amendment 2009-2, Conditional Use Permit 2009-2 and Precise Plan 2009-9.

NEW AND OLD BUSINESS

Review and consideration of the proposal submitted by Kevin Oreck Architect, Inc. on behalf of the property owner, United El Segundo, Inc. to approve the architecture as artwork for a new convenience service station located at 17255 Bloomfield Avenue, Cerritos, California, 90703 (APN 7025-001-005).

Consideration to waive reading of and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS APPROVING THE ARCHITECTURE AS ARTWORK FOR THE PROPOSED CONVENIENCE SERVICE STATION THAT WILL BE LOCATED AT 17255 BLOOMFIELD AVENUE, CERRITOS, CALIFORNIA, 90703 (APN 7025-001-005) PURSUANT TO SECTIONS 22.94.160 AND 22.94.170 OF THE CERRITOS MUNICIPAL CODE.

Title was read to the above noted public hearings and new and old business items, the public hearings were declared open, and staff reports were presented for each of the public hearing items and the new and old business item.

Staff responded to Council inquiries regarding the condition of approval related to landscaping maintenance, noting that the landscaping would meet the aesthetic requirements of the City of Cerritos and a disposition analysis would be undertaken for each tree.  It was also noted that the reflective pools would be approximately 5 feet wide along the frontage of the building, with the exception of the building entrance, and that the rear of the building would be secured to prohibit pedestrian access.  A brief discussion followed regarding the architecture as artwork concept and whether or not it conforms to the City's art in public places ordinance.

Interested parties were invited to present testimony on the public hearing items as well as the new and old business item.

Kevin Oreck, Kevin Oreck Architect, Inc., discussed the approach to the service station architecture from an artistic perspective, noting the uniqueness and significant costs associated with this approach, which he indicated would exceed the City's 1% art requirement.

Jeff Appel, United El Segundo, Inc., property owner, referenced a similar service station project with an architectural approach in Los Angeles, which he indicated cost approximately $7.2 million and won numerous awards.  Mr. Appel commented that the proposed project will cost between $4 and $5 million, is undertaken out of a love of architecture, will probably be the last project given the decline of the industry, and is considered art because of the unique approach to the architecture.

Nelson Laurenco, Cerritos resident, indicated his residence abuts the service station and commented on the loud disturbances from the service station.  He asked if patrons would be allowed to enter the store, its hours of operation, whether or not alcohol sales would be permitted now or in the future, what benefits the applicant would acquire by designating the project as a work of art, and what would the City be providing to this applicant because of this designation.  Mr. Laurenco expressed that a service station with a modernist architecture theme is not a work of art and questioned whether the proposed native landscaping would provide enough coverage for adjacent residences.

No one else wishing to present testimony, the public hearings were closed.

Discussion ensued regarding the unique architectural characteristics of the project, including the use of solar panels for electricity generation, and the enhancement of that location as an entrance to the City as well as consideration of architecture as artwork on a

case-by-case basis, with an individual evaluation for each request, and concurrence by the Planning Commission and the Fine Arts and Historical Commission with this particular request.  It was noted that hours of operation of a convenience store as part of a service station are from 6 a.m. to 10 p.m., with beer and wine sales until 8 p.m. with ABC approval; patrons would enter the convenience store to conduct business; and that if the project is approved, construction would begin the first of the year and anticipated project completion within 8 months.

Additional discussion was held regarding consideration of architecture as artwork, and it was noted that the request is not consistent with the provisions of the City's arts in public places ordinance and program, particularly with regard to the art in public places fund that is used for art pieces in other areas of this City, and that the architecture and building materials do not complement the Towne Center.

Development Code Amendment 2009-2

MOTION:  It was moved by Councilman Edwards and seconded by Councilwoman Lee that the City Council:

A.        Receive, certify and approve the Mitigated Negative Declaration for Development Code Amendment 2009-2, Conditional Use Permit 2009-2, and Precise Plan 2009-9, which was completed in accordance with the California Environmental Quality Act (CEQA), and make the findings set forth in Cerritos Planning Commission Resolution No. PC 2009-24; and

B.         Direct staff to file a Notice of Determination in accordance with Section 3.5 of the Environmental Impact Report Guidelines of the City of Cerritos;

as recommended in the staff report dated September 10, 2009.  The motion carried unanimously.

MOTION:  It was moved by Councilman Edwards and seconded by Councilwoman Lee to waive reading of and introduce Ordinance No. 951 entitled AN ORDINANCE OF THE CITY OF CERRITOS AMENDING CHAPTER 22.25, CN – NEIGHBORHOOD COMMERCIAL ZONE, OF THE CERRITOS MUNICIPAL CODE AS IT RELATES TO SIDE AND REAR YARD SETBACK STANDARDS FOR PROPERTIES ZONED CN THAT ARE THREE QUARTERS OF AN ACRE OR LESS IN SIZE, THAT ABUT A RESIDENTIAL AREA, AND THAT ARE NOT CONTIGUOUS TO OTHER PARCELS ZONED CN.  The motion carried by the following vote:

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

NOES:             Councilmembers – None

ABSENT:        Councilmembers – None

ABSTAIN:       Councilmembers – None.

Conditional Use Permit 2009-2

Precise Plan 2009-9

MOTION:  It was moved by Councilman Edwards and seconded by Councilwoman Chen that the City Council:

A.        Receive and file Cerritos Redevelopment Agency Conformity Report 2009-4;

B.         Receive, certify and approve the Mitigated Negative Declaration for Development Code Amendment 2009-2, Conditional Use Permit 2009-2, and Precise Plan 2009-9, which was completed in accordance with the California Environmental Quality Act (CEQA), and make the findings set forth in Cerritos Planning Commission Resolution No. PC 2009-24;

C.        Approve Conditional Use Permit 2009-2, making the findings set forth in Cerritos Planning Commission Resolution No. PC 2009-25; and

D.        Approve Precise Plan 2009-9, making the findings outlined in Cerritos Planning Commission Resolution No. PC 2009-26;

as recommended in the staff report dated September 10, 2009.  The motion carried unanimously.

Resolution regarding architecture as artwork

MOTION:  It was moved by Councilman Edwards and seconded by Mayor Pro Tem Cho to waive reading of and adopt Resolution No. 2009-16 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS APPROVING THE ARCHITECTURE AS ARTWORK FOR THE PROPOSED CONVENIENCE SERVICE STATION THAT WILL BE LOCATED AT 17255 BLOOMFIELD AVENUE, CERRITOS, CALIFORNIA, 90703

(APN 7025-001-005) PURSUANT TO SECTIONS 22.94.160 AND 22.94.170 OF THE CERRITOS MUNICIPAL CODE.  The motion carried, with Councilwoman Chen and Mayor Barrows dissenting.

NEW AND OLD BUSINESS

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS AMENDING RESOLUTION NO. 2008-28 AND RESCINDING RESOLUTION NO. 2008-29, REVISING PARKING RESTRICTIONS ON THE SOUTH SIDE OF ARTESIA BOULEVARD IN THE VICINITY OF GAHR HIGH SCHOOL.

MOTION:  It was moved by Councilwoman Chen and seconded by Councilman Edwards to waive reading of and adopt Resolution No. 2009-17 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS AMENDING RESOLUTION NO. 2008-28 AND RESCINDING RESOLUTION NO. 2008-29, REVISING PARKING RESTRICTIONS ON THE SOUTH SIDE OF ARTESIA BOULEVARD IN THE VICINITY OF GAHR HIGH SCHOOL.  The motion carried unanimously.

Review and consideration of information relating to the overnight parking ordinance in the City of Cerritos.

A review of the staff report dated September 10, 2009 was provided by Community and Safety Services Director Berg, and he noted that the Community Safety Committee had reviewed the matter and recommended no changes be made.

Comments were made during the discussion that residents appear to be generally in favor of the ordinance, while some have expressed concern.  With regard to permits, it was suggested consideration be given to those who have medical conditions, and additional comment related to limited public notification/input when this matter was reviewed by the Community Safety Committee.  It was noted that applying for overnight permits online is being developed by staff and should be completed by the end of the year.

Jerry Kamashian, Cerritos resident, indicated that complying with the overnight parking ordinance during his wife's hospice care was stressful and commented that the ordinance uses resources and adds to pollution because residents are forced to move cars to access other cars or to avoid citations.

MAIN MOTION:  It was moved by Councilwoman Lee and seconded by Councilman Edwards to concur with the Community Safety Committee's recommendation that no changes be made to the City's overnight parking ordinance.

During ensuing discussion it was noted that the overnight parking ordinance can present an inconvenience to residents; and the possibility of allowing curbside parking on weekends, the issuance of more temporary parking permits, and the issuance of parking permits through the internet was suggested.  Security, pedestrian safety and community aesthetics were discussed as benefits of the overnight parking ordinance.

MOTION TO AMEND BY SUBSTITUTION DIES FOR LACK OF SECOND:  It was then moved by Mayor Pro Tem Cho to rescind the overnight parking ordinance on weekends and holidays for a one-year period and to re-evaluate the effect of this change next year.  The motion died for lack of a second.

MAIN MOTION CARRIES:  The foregoing main motion carried unanimously.

Consideration of a new five (5) year municipal law enforcement services agreement by and between the County of Los Angeles and the City of Cerritos.

MOTION:  It was moved by Councilwoman Lee and seconded by Councilwoman Chen to approve the Municipal Law Enforcement Services Agreement by and between the County of Los Angeles and City of Cerritos for the period September 1, 2009 through June 30, 2014 and authorize the Mayor to sign the agreement.  The motion carried unanimously.

Review and consideration of a request to assist in raising funds for the victims of Typhoon Morakot in East Asia.

Discussion was held regarding the devastation of Typhoon Morakot and opportunities for residents to aid efforts in assisting victims of this disaster.  The following information was provided in addition to that outlined in the staff report:  International Federation of Red Cross Crescent Society, IFRC.org, and the website for Tzu Chi Foundation, www.us.tzuchi.org.

MOTION:  It was moved by Councilman Edwards and seconded by Mayor Pro Tem Cho to provide public service announcements on TV3 and provide direct links on the City website to charitable organizations with regard to assistance for the victims of Typhoon Morakot.  The motion carried unanimously.

PENDING LEGISLATION

CONSENSUS:  Following discussion and at the suggestion of Mayor Barrows, staff was directed to prepare and transmit as soon as possible to the Metropolitan Water District (MWD) a resolution opposing contemplated increases to the amount of pensions and post retirement benefits for employees of the MWD in these difficult economic times, the cost of which will be passed onto the cities.

CITY COUNCIL COMMUNICATIONS/COMMITTEE REPORTS/REPORT ON MEETINGS

Councilwoman Lee requested adjourning the meeting in memory of Planning Commissioner Cindy Chen's father, Ten-Yu Yen, who recently passed away.

Councilman Edwards reported on the U.S. Marine Corps 1st CEB carwash fundraiser last Saturday at the Los Cerritos Shopping Center at which over $2,500 was raised; offered an invitation to the Patriot Day Concert and moment of silence on September 11 at

7:00 p.m. at Heritage Park; noted the memorial service tomorrow at Dodger Stadium at 10:00 a.m. for Fire Capt. Tedmund "Ted" Hall and Firefighter Specialist Arnaldo "Arnie" Quinones who lost their lives while battling the recent wildfire in the Angeles National Forest; and announced the opening season for Cerritos Center for the Performing Arts tomorrow evening.

Councilwoman Chen reported on her attendance at the September 1 API Business Forum luncheon hosted by Congresswoman Linda Sanchez; discussed her visit this past weekend to The Dignity Memorial Vietnam Wall, a three-quarter-scale traveling replica of the Vietnam Veterans Memorial in Washington, D.C., in Westlake Village; discussed an environmentally friendly Koi pond built at a Cerritos resident's home; and commented on her participation in the Bowl-A-Thon for the Bowling for the Blind charity.

Mayor Pro Tem Cho indicated he also attended the API Business Forum luncheon, and commented on his attendance at several Labor Day events including Assemblymember Tony Mendoza's barbeque at Heritage Park, Mass at the Cathedral of Our Lady of the Angels, at which health care reform was discussed, and a rally and picnic in Wilmington.

Mayor Barrows also commented on The Dignity Memorial Vietnam Wall.

CONSENSUS:  At the suggestion of Mayor Barrows, staff was directed to bring back a staff report regarding participation in a Joint Powers Authority to work on potential litigation in opposition to the California High Speed Rail Authority project.

ADJOURNMENT

The meeting adjourned at 9:15 p.m. in memory of Planning Commissioner Cindy Chen's father, Ten-Yu Yen, who recently passed away.

/s/Josephine Triggs                   
Josephine Triggs, City Clerk
 

ATTEST:

/s/Bruce Barrows                     
Bruce Barrows, Mayor

Approved:  September 24, 2009

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