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Cerritos City Council Meeting Minutes

MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CERRITOS
HELD OCTOBER 8, 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 Jim Edwards offered the invocation.

PLEDGE OF ALLEGIANCE

Girl Scout Troop 215 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

Proclamations were presented for Crime Prevention Month and National Arts and Humanities Month.

PUBLIC COMMENTS AND SUGGESTIONS

Chris Tierheimer, Cerritos resident, extended an invitation to the 2nd Annual Friends of the 1st Combat Engineer Battalion golf tournament fundraiser on October 17, 7:00 a.m. check-in at Cerritos Iron-Wood Nine.

Paul Bellenbaum, Cerritos resident, requested the laying of a wreath on Veterans Day in honor of Tom Tanahara, who was a WWII Army veteran and passed away approximately two years ago.

CONSENSUS:  At the suggestion of Mayor Barrows, staff was directed to post the flags of the military services behind the dais in commemoration of Veterans Day.

CONSENT CALENDAR

Approval of Register of Demands

MOTION:  It was moved by Councilman Edwards and seconded by Councilwoman Lee to approve the Register of Demands dated October 8, 2009, Checks 111467 through 111779, in the total amount of $8,421,716.23.  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 Regular Meeting of September 24, 2009.  The motion carried unanimously.

PUBLIC HEARINGS

The applicant, architect Henrik Vartanian, Vartanian & Associates, Inc., 8301 East Florence Avenue, Suite 303, Downey, California, 90240, is requesting approval, on behalf of the property owner, Rosin Family Trust, of a warehouse use at 14100 Park Place.  The property is located in the M, Industrial Zone (APN 7003-005-020).

Conditional Use Permit 2009-3*

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

Title was read to the foregoing public hearing item and the staff report was provided.  Interested parties were invited to present testimony.

Henrik Vartanian, applicant, indicated he reviewed and agrees with the conditions recommended by staff.

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

MOTION:  It was moved by Councilwoman Lee and seconded by Councilman Edwards to approve Conditional Use Permit 2009-3 making the findings set forth in Cerritos Planning Commission Resolution No. PC 2009-31, as recommended in the staff report dated October 8, 2009.  The motion carried unanimously.

Consideration to waive reading of and adopt AN URGENCY ORDINANCE OF THE CITY OF CERRITOS EXTENDING URGENCY ORDINANCE NO. 950 WHICH ESTABLISHED A MORATORIUM TO PROHIBIT MEDICAL MARIJUANA DISPENSARIES IN ALL ZONES AND PROHIBIT THE ISSUANCE OF BUSINESS LICENSES, BUILDING PERMITS, AND OTHER LAND USE ENTITLEMENTS THEREFOR.

Title was read to the foregoing public hearing item and the staff report was provided.

In response to Council inquiry, City Attorney Steres noted that the City of Los Angeles moratorium and related court action is unique to the City of Los Angeles and does not relate to Cerritos' moratorium.  He commented further on legal proceedings associated with the prohibition of medical marijuana in the Cities of Claremont and Anaheim.

Interested parties were invited to present testimony.

Ram Kakkar, Cerritos resident, spoke in support of the ordinance and commented on the health risks of marijuana.

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

MOTION:  It was moved by Councilwoman Chen and seconded by Councilwoman Lee to waive reading of and adopt Ordinance No. 952 as an urgency ordinance entitled AN URGENCY ORDINANCE OF THE CITY OF CERRITOS EXTENDING URGENCY ORDINANCE NO. 950 WHICH ESTABLISHED A MORATORIUM TO PROHIBIT MEDICAL MARIJUANA DISPENSARIES IN ALL ZONES AND PROHIBIT THE ISSUANCE OF BUSINESS LICENSES, BUILDING PERMITS, AND OTHER LAND USE ENTITLEMENTS THEREFOR.  The motion carried by the following vote:

AYES:             Councilmembers – Chen, Edwards, Lee, Cho, Barrows
NOES:             Councilmembers – None
ABSENT:        Councilmembers – None
ABSTAIN:       Councilmembers – None

PENDING LEGAL MATTERS

Resolution for consideration

Update of State budget actions and consideration of Proposition 1A securitization.

Consideration to waive reading of and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER'S PROPOSITION 1A RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH.

MOTION:  It was moved by Councilwoman Lee and seconded by Councilman Edwards to approve and authorize the City’s participation in the Proposition 1A securitization program offered by California Communities, authorize the City Manager to execute all necessary documents as presented, and to waive reading of and adopt Resolution No. 2009-19 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER'S PROPOSITION 1A RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH, as recommended in the staff report dated October 8, 2009.  The motion carried unanimously.

NEW AND OLD BUSINESS

Review and consideration of the proposed formation of the Cerritos Rose Float Foundation, Inc., as a California non-profit public benefit corporation with 501(c)(3) tax-exempt status or alternative methods of fund-raising for the Cerritos Rose Parade float.

Assistant City Manager Matsumoto reviewed the staff report dated October 8, 2009 and indicated that in addition to the formation of a 501(c)(3) non-profit public benefit corporation, an alternative could include tax deductible donations directly to the City for this purpose, and she noted the possibility of donations of this type being accommodated through the water bills.

Ram Kakkar, Cerritos resident, expressed that the formation of a 501(c)(3) benefit corporation would create more bureaucracy and added expense for the City.  He questioned the role of the City Council in this endeavor, since the bylaws permit amendment by a majority of the corporation; expressed concern that an excuse could be made for national or international travel by board members, since the bylaws permit board meetings any place within or without the State of California; and opined that the board could serve as a hiding place for termed-out politicians.

Ken Cha, Cerritos resident, spoke in support of the formation of a 501(c)(3) corporation for the purpose of fundraising for the City's Rose Parade Float while minimizing overhead costs.

At the request of the City Council, City Attorney Steres observed that a 501(c)(3) corporation as outlined in the staff report would be a separate and independent entity, would be able to enter into agreements, could sue and be sued, would be responsible for its actions and indemnification of board members and officers, would need to purchase insurance, and could possibly utilize City resources and staff in its fundraising endeavors.

During ensuing discussion it was noted that per diem/compensation is prohibited; the formation of a 501(c)(3) corporation would take control of the Rose Parade Float out of the City's hands and turn it over to an outside group; and support for the 501(c)(3) corporation would be costly as well as demanding on staff time and other administrative assistance.

In response to Council inquiry, the City Attorney confirmed that a donation to the City is tax deductible and does not require a non-profit corporation, which is distinguishable from payment for service such as water.

It was also noted by Assistant City Manager Matsumoto that it would take approximately 3 to 6 months to determine if fundraising efforts were successful.

Additional discussion was held regarding the possibility of the Chamber of Commerce recommending 3 to 5 board members for the 501(c)(3) corporation; the inappropriateness of City staff participating in fundraising efforts in the event the corporation is not formed; and the fundraising challenge for the City with its limited resources in these economic times.

MOTION:  It was moved by Councilman Edwards and seconded by Councilwoman Chen to direct staff to create a separate City of Cerritos Rose Parade Float Donation Fund dedicated to accept donations that will provide funding for expenses associated with the Rose Parade float.  The motion carried, with Mayor Barrows dissenting.

CITY COUNCIL COMMUNICATIONS/COMMITTEE REPORTS/REPORT ON MEETINGS

Councilman Edwards reminded everyone of the 2nd Annual Friends of the 1st Combat Engineer Battalion golf tournament fundraiser on October 17, 7:00 a.m. check-in at Cerritos Iron-Wood Nine and reported on his attendance at the California Contract Cities Conference last week.

Councilwoman Lee commented on her attendance at the Su Casa 30-year anniversary commemoration.

Councilwoman Chen noted her attendance at the Su Casa 30th Anniversary event and encouraged community members to help Su Casa end domestic violence; noted that Cerritos Regional Chamber of Commerce Executive Director Catherine Gaughen was honored with the annual Spirit of Service Award by the Human Services Association and that she and Councilman Edwards attended the ceremony on behalf of the City; commented on her attendance at the Ukulele Festival; and congratulated the Cerritos Special Olympics Soccer Team on winning the Gold Medal.

Mayor Pro Tem Cho reported that while on his recent trip to Korea he had an opportunity to thank Sae Eden Presbyterian Church for their support of the appreciation convention of Korean War Veterans held in Las Vegas, Nevada on June 21 and 22, 2009.

At the request of the Mayor, City Manager Gallucci commented on the current status of the Rio Hondo facility and noted a report would be forthcoming.

Mayor Barrows suggested that while we await the court ruling on the Cuesta Villas senior housing proposal, staff use this time to apply for federal housing funds for this project.

The City Council wished Current Planning Manager Hamilton well on her retirement.

ADJOURNMENT

The meeting adjourned at 8:35 p.m.

/s/Josephine Triggs                   
Josephine Triggs, City Clerk
 

ATTEST:

/s/Bruce Barrows                     
Bruce Barrows, Mayor

Approved:  October 22, 2009

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