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Cerritos City Council Meeting Minutes

MINUTES OF A SPECIAL MEETING OF THE
CITY COUNCIL OF THE CITY OF CERRITOS
HELD NOVEMBER 23, 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 Joshua Lundee-Whitler with New Life Community Church in Artesia offered the invocation.

PLEDGE OF ALLEGIANCE

Members of Boy Scout Troop 693 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 to the 2010 Tournament of Roses Royal Court and to Bill Brady, former District Director for Congresswoman Linda Sanchez.  Jose Delgado was introduced as Mr. Brady’s successor.

PUBLIC COMMENTS AND SUGGESTIONS

Sean Harren, President, Teamsters Local 986, representing Delta Dental employees in the Cerritos office, indicated that Delta Dental would be closing the Cerritos facility and moving jobs out of the state.  He expressed his opinion that Delta Dental is not losing money and that this decision is an attack on women and based on corporate greed.  He referenced Delta Dental as the City employee dental provider and asked that the City find another provider if Delta Dental moves out of Cerritos and causes Delta Dental employees to lose their jobs.

Greg Bashem, Business Representative, Teamsters Local 986, representing Delta Dental employees in the Cerritos office, indicated that when he learned of the closure he contacted his affiliates at LA County Fed, with their political coordinator contacting people at the City Council and advising him of this meeting.  He expressed appreciation to the City for an opportunity to be heard.  Mr. Bashem indicated that the City’s help is needed to apply some pressure to Delta Dental and with that pressure hopefully Delta Dental would reconsider closing the facility in Cerritos and thus losing 200 good-paying jobs.

Victoria Peña, Bellflower resident and Delta Dental employee, indicated she is soon to be a single mother, needs a good-paying job, and asked the City for help to keep her job.

Jonathan Mendizabal, son of a Delta Dental employee, noted that his mother and family had planned to move to Cerritos in the hopes of attending good schools, and he expressed sadness that this may not happen if his mother loses her job.

Alexis Morales, indicated that her mother is an employee of Delta Dental and although she is not a resident of Cerritos she attends school in the City.  She expressed a desire to continue to attend her school and asked the City to help her mother keep her job to avoid having to go to another school.

Beatriz Martinez, Artesia resident and Delta Dental employee, noted her dream to purchase a home in Cerritos, her previous attendance at Cerritos schools, and her children’s attendance at Cerritos schools.  She opined that Delta Dental is not losing money and asked the City to help save the jobs of Delta Dental employees.

At the request of the City Council, City Manager Gallucci noted that immediately following his notification of this matter by representatives of Teamsters Local 986 he contacted Delta Dental and was eventually apprised that Delta Dental intended to close the facility or keep the facility with one hundred employees in Cerritos, while transferring the other employees elsewhere.  He added that he had asked Delta Dental if there was anything the City could do and Delta Dental responded that there was nothing the City could do.  Mr. Gallucci requested to keep a dialogue open with Delta Dental and they responded affirmatively.

CONSENSUS:  Following discussion, it was the consensus of the City Council to direct staff to look into a way that the City can have an impact on the Delta Dental matter and report back to the City Council.

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 November 23, 2009, Checks 112609 through 112894, in the total amount of $3,491,573.40.  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 November 16, 2009.  The motion carried unanimously.


PUBLIC HEARING

The applicant, Pacific Industrial/Bendetti Company, 1176 Main Street, Suite 100, Irvine, California, 92614, on behalf of the property owner, George E. Atkinson III, is requesting approval of a conditional use permit for an existing developed property zoned (M) Industrial, located at 13903, 13905, 13907, 13909, 13911, 13913, 13915, 13919 and 13921 Artesia Boulevard, Cerritos, California, 90703 (APN 7003-004-013).

Negative Declaration
Conditional Use Permit 2009-4

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

It was noted that the conditions of approval are identified as 1 through 52 and that typographical errors in the staff report indicating 1 through 63 would be corrected.  Additionally, it was pointed out during ensuing discussion that full compliance with conditions 51 and 52 could not be achieved; that due to site constraints, reasonable compliance with condition 51 related to the trash enclosure would be met through relocation of the enclosure to prevent viewing from Edwards Road; and that time to complete condition 52 related to the roof screening was extended to two years from the date of Council approval of the application.

Henry Vartanian, architect representing the applicant, expressed that the applicant is in agreement with all of the conditions and will implement the conditions within a reasonable time frame.

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 that the City Council:

A.        Receive, file, certify and approve the Negative Declaration related to Conditional Use Permit 2009-4 as outlined in Cerritos Planning Commission Resolution No. PC 2009-34; and

B.         Approve Conditional Use Permit 2009-4, making the findings set forth in Cerritos Planning Commission Resolution No. PC 2009-35;

as recommended in the staff report dated November 23, 2009.  The motion carried unanimously.

PUBLIC WORKS ACTIVITIES

Review of City of Cerritos programs for the deterrence and removal of graffiti and consideration of a citywide information campaign to promote the use of the Cerritos Graffiti Hotline.

Following the staff report general discussion was held regarding how graffiti incidents are calculated and what technically constitutes graffiti for statistical purposes; how the prosecution process is undertaken, including witness testimony; the possible use of surveillance cameras or geographic incident tracking as deterrents to graffiti; graffiti by juvenile tagging groups, with the occasional occurrence of gang-related graffiti; the downward trend of reported graffiti incidences from 2007 to present; and the occurrence of graffiti on an overall geographic basis rather than geographic-specific incidences.

Ram Kakkar, Cerritos resident, objected to the homeowner being responsible for graffiti removal in instances where the homeowner is on the other side of the public right-of-way.

Ken Cha, Cerritos resident, concurred with the proposed campaign to increase awareness of the graffiti hotline; and he suggested a definition of graffiti as a crime in the Municipal Code, implementation of a graffiti prevention landscaping program, free paint program, and graffiti education and graffiti removal volunteering.

It was noted during ensuing discussion that landscaping is used by the City to deter graffiti whenever possible, that residents can call the City for paint that matches their block walls at no cost, and that graffiti that is painted on the public right-of-way side of residential block walls that face arterial streets is removed by the City.

Denise Hamilton, Cerritos resident, cautioned against the use of ivy as a landscaping deterrent due to its potentially destructive nature.

At the request of the Council it was noted by staff that ivy has not been used as a graffiti deterrent for some time and that trimming techniques assist in controlling ivy growth.

Paul Bellenbaum, Cerritos resident, requested and received clarification that there are more incidences of graffiti in the summertime.

In response to Council inquiry, the City Attorney noted that graffiti is prosecuted through the California Penal Code, which is why graffiti is not defined in the Municipal Code as a crime.

It was also confirmed during discussion that a graffiti removal form can be submitted via the City’s website and it was suggested that the City of Lakewood’s pre-approval to access private property for graffiti removal purposes be looked into.

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

1.         Receive and file the staff report dated November 23, 2009 entitled Review of City of Cerritos programs for the deterrence and removal of graffiti and consideration of a citywide information campaign to promote the use of the Cerritos Graffiti Hotline; and

2.         Authorize staff to conduct a promotional campaign to increase awareness and use of the City's Graffiti Hotline;

as recommended in the staff report dated November 23, 2009.  The motion carried unanimously.

NEW AND OLD BUSINESS

Consideration of a request by the property owner, Kent Browning/Obispo Properties, LLC, P.O. Box 367, Artesia, California, 90701, for a one year time extension to Precise Plan 68-8(B)(2009) Amendment which was approved to construct an addition to an existing one-story, industrial building located at 16717 Norwalk Boulevard, Cerritos, California, 90703.  The subject property is located in the Los Coyotes Redevelopment Project Area (APN 7011-001-020).

MOTION:  It was moved by Councilwoman Lee and seconded by Councilman Edwards to approve a one-year time extension for Precise Plan 68-8(B)(2009) Amendment, starting on September 26, 2009 and ending on September 26, 2010, making the findings set forth in Cerritos Planning Commission Resolution No. PC 2009-36.  The motion carried unanimously.

Review and consideration of support for the decision of the Insurance Commissioner to reject the request by the Workers' Compensation Insurance Rating Bureau (WCIRB) for proposed rate increases to workers' compensation insurance premiums for businesses in California.

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

1.         Support the decision of Insurance Commissioner Steve Poizner to reject additional rate increases required by the Workers’ Compensation Insurance Rating Bureau; and

2.         Direct staff to send a letter of support to Insurance Commissioner Steve Poizner, Assemblymember Tony Mendoza and Senator Alan Lowenthal; with copies to the California Contract Cities Association, Gateway Cities Council of Governments, and the League of California Cities;

as recommended in the staff report dated November 23, 2009.  The motion carried unanimously.

CITY COUNCIL COMMUNICATIONS/COMMITTEE REPORTS/REPORT ON MEETINGS

Councilman Edwards reported on his attendance at the Youth Flag Football Awards Ceremony and the Christmas tree lighting ceremony this evening.  He commented on the contributions of Artesia resident Imelda Arriola who recently passed away and asked that the meeting be adjourned in her memory.

Councilwoman Chen noted her attendance this past Saturday at the Chinese School Carnival, noting that the City sponsored a booth at the event, and she invited the public to the Cerritos Library on December 3 at 7:00 p.m. to hear author John Jung discuss his publications on Chinese-American history.  She added that while out of the country recently she visited Cerritos’ Sister City Pan Chao, China and that dignitaries from Pan Chao are scheduled to visit Cerritos at the end of January. Councilwoman Chen wished everyone a happy Thanksgiving.

Councilwoman Lee commented on her attendance at the Youth Flag Football Awards Ceremony, discussed Rose Parade Float decorating opportunities, and wished everyone a happy Thanksgiving.

Mayor Pro Tem Cho reported on his attendance at the Youth Flag Football Awards Ceremony, Chinese School Carnival, Christmas tree lighting ceremony, League of California Cities 2009 Legislative Briefing, and California Contract Cities Association Board Meeting at which the State’s anticipated budget deficit was discussed as well as protecting City revenues through the Statewide proposition process, which he suggested the City support.  He wished everyone a happy Thanksgiving.

Mayor Barrows also addressed the signature gathering process associated with the proposed proposition to protect City revenues in light of the State’s anticipated budget deficit next fiscal year.

CONSENSUS:  At the suggestion of Mayor Barrows, staff was directed to place on the Council agenda support of the proposition to protect City revenues from the State of California.

Mayor Barrows requested that the meeting be adjourned in memory of retired Cerritos employee Don Torres.

CLOSED SESSION

The City Council convened in Closed Session at 8:50 p.m.

PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54957 AND LABOR NEGOTIATIONS WITH UNREPRESENTED EMPLOYEES PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54957.6

Title:  City Manager
Agency Designated Representative:  Art Gallucci

Agency Designated Representatives:  Mayor Bruce W. Barrows and Mayor Pro Tem Joseph Cho, Ph.D.

The meeting reconvened at 10:52 p.m. with all Councilmembers in attendance.  No action was taken as a result of Closed Session discussion.

ADJOURNMENT

The meeting adjourned at 10:52 p.m. in memory of Artesia resident Imelda Arriola and retired Cerritos employee Don Torres, both of whom recently passed away.

 

/s/Josephine Triggs                   
Josephine Triggs, City Clerk
 

ATTEST:

/s/Bruce Barrows                     
Bruce Barrows, Mayor

Approved:  December 10, 2009

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