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Cerritos City Council Meeting Minutes

MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CERRITOS
HELD JANUARY 14, 2010

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 Bill Ebling, Cerritos resident with the First Baptist Church of Fullerton 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

Proclamations were presented to:  Cerritos High School Girls Volleyball Team for winning the 2009 Suburban League Championship; Suburban Football Cerritos Steelers Midget Division Team for winning the 2009 Orange County Junior All American Football Midget Division Super Bowl Championship; and Korean American Foundation, L.A., Korean American Foundation and Keun Woo Hoi in recognition of January 13, 2010 as Korean American Day in the City of Cerritos.

A video of the City's 2010 Rose Parade Float was presented.

PUBLIC COMMENTS AND SUGGESTIONS

Sean Harren, President, Teamsters Local 986, representing Delta Dental employees in the Cerritos office, acknowledged and thanked the City Council for its letter of support of the employees of Delta Dental.  He noted that Liberty Dental in Southern California has pledged to hire as many Delta Dental employees as possible, if Delta Dental decides to leave Cerritos, suggesting the City consider Liberty Dental to save money.

Marie O'Donnell, Cerritos resident, thanked the City Council for increasing the reward amount for the apprehension and conviction of person(s) guilty of the murder of her grandson in August 2008 in the City of Artesia.  Ms. O'Donnell indicated that she is experiencing difficulty in being allowed to post flyers in her efforts to aid in apprehending the perpetrator of this crime.

In response to Council inquiry, City Manager Gallucci indicated that staff would look into posting the flyer on the City's website.

Catherine Gaughen, Cerritos Regional Chamber of Commerce Executive Director, congratulated the City on its Rose Parade Float and noted an increase in visitor related calls since the telecast of the Rose Parade.

CONSENT CALENDAR

Approval of Register of Demands

MOTION:  It was moved by Councilwoman Lee and seconded by Councilman Edwards to approve the Register of Demands dated January 14, 2010, Checks 113149 through 113907, in the total amount of $8,074,828.08.  The motion carried unanimously.

Approval of Treasurer's Report for the period ending November 30, 2009

MOTION:  It was moved by Councilwoman Lee and seconded by Councilman Edwards to approve the Treasurer's Report for the period ending November 30, 2009.  The motion carried unanimously.

Approval of Minutes

MOTION:  It was moved by Councilwoman Lee and seconded by Councilman Edwards to approve the Minutes of the Regular Meeting of December 10, 2009.  The motion carried unanimously.

Ordinance for second reading and adoption.  Reading of ordinance waived and ordinance adopted.

ORDINANCE 953 - AN ORDINANCE OF THE CITY OF CERRITOS AMENDING CHAPTER 5.22, MASSAGE ESTABLISHMENTS, OF THE CERRITOS MUNICIPAL CODE TO COMPLY WITH CHAPTER 10.5 OF DIVISION 2 OF THE CALIFORNIA BUSINESS AND PROFESSIONS CODE.

MOTION:  It was moved by Councilwoman Lee and seconded by Councilman Edwards to waive reading of and adopt Ordinance No. 953 entitled AN ORDINANCE OF THE CITY OF CERRITOS AMENDING CHAPTER 5.22, MASSAGE ESTABLISHMENTS, OF THE CERRITOS MUNICIPAL CODE TO COMPLY WITH CHAPTER 10.5 OF DIVISION 2 OF THE CALIFORNIA BUSINESS AND PROFESSIONS CODE
The motion carried by the following vote:

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

PUBLIC HEARING

Consideration to waive reading of and introduce AN ORDINANCE OF THE CITY OF CERRITOS REPEALING CHAPTER 22.72, WATER CONSERVATION IN LANDSCAPING, OF THE CERRITOS MUNICIPAL CODE AND ESTABLISHING CHAPTER 6.40, WATER EFFICIENT LANDSCAPE, OF THE CERRITOS MUNICIPAL CODE ADOPTING BY REFERENCE THE PROVISIONS OF THE STATE OF CALIFORNIA CODE OF REGULATIONS TITLE 23, DIVISION 2, CHAPTER 2.7, MODEL WATER EFFICIENT LANDSCAPE ORDINANCE.

Development Code Amendment 2009-3*

*Pursuant to Section 15308 of the California Environmental Quality Act (CEQA), this project is exempt from CEQA review.

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

Discussion was held regarding the amendment provisions of the proposed ordinance, and concern was raised that if amendments were made to the Code by the State the City would be required to accept them, unless they are in conflict with the Municipal Code.  At the request of the Council, further clarification of the proposed changes were provided by staff, as outlined in the staff report dated January 14, 2010.  It was noted during ensuing discussion that the ordinance would apply in cases involving significant landscaping projects; that the public would be assisted in completing required tables/applications, particularly with regard to evapotranspiration calculations; and applicants would acquire permits through the City, not the Regional Water Quality Control Board.

Interested parties were invited to present testimony.  Hearing no response, the public hearing was closed.

In light of the previous discussion, the City Attorney offered the following amendment to the ordinance:

"6.04.010 Adopted.

Except as hereinafter provided, that certain water efficient landscape code known and designated as the State of California Model Water Efficient Landscape Ordinance and codified under the California Code of Regulations as Title 23, Division 2, Chapter 2.7, and any amendments to such code adopted by the State of California, shall be and become the water efficient landscape code of the City of Cerritos.…"

MOTION:  It was moved by Councilwoman Lee and seconded by Councilman Edwards to waive reading of and introduce Ordinance No. 954 entitled AN ORDINANCE OF THE CITY OF CERRITOS REPEALING CHAPTER 22.72, WATER CONSERVATION IN LANDSCAPING, OF THE CERRITOS MUNICIPAL CODE AND ESTABLISHING CHAPTER 6.40, WATER EFFICIENT LANDSCAPE, OF THE CERRITOS MUNICIPAL CODE ADOPTING BY REFERENCE THE PROVISIONS OF THE STATE OF CALIFORNIA CODE OF REGULATIONS TITLE 23, DIVISION 2, CHAPTER 2.7, MODEL WATER EFFICIENT LANDSCAPE ORDINANCE.

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

Consideration to waive reading of and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS IN SUPPORT OF THE LOCAL TAXPAYER, PUBLIC SAFETY, AND TRANSPORTATION PROTECTION ACT OF 2010.

MOTION:  It was moved by Councilwoman Chen and seconded by Councilwoman Lee to waive reading of and adopt Resolution No. 2010-1 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS IN SUPPORT OF THE LOCAL TAXPAYER, PUBLIC SAFETY, AND TRANSPORTATION PROTECTION ACT OF 2010.  The motion carried unanimously.

NEW AND OLD BUSINESS

Consideration and approval of an amendment to the SR-91/I-605/I-405 Major Corridor Study Implementation Agreement between the Gateway Cities Council of Governments and the City of Cerritos.

Public Works Director Arbogast provided an overview of the proposed amendments, as outlined in the staff report dated January 14, 2010.

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

1.         Approve and execute the amendment to the SR-91/I-605/I-405 Major Corridor Study Implementation Agreement between the Gateway Cities Council of Governments and the City of Cerritos, and

2.         Appropriate and authorize payment of $20,000 to be paid to the Gateway Cities Council of Governments as the Administrative Agency for the SR-91/I-605/I-405 Major Corridor Study;

as recommended in the staff report dated January 14, 2010.  The motion carried unanimously.

PUBLIC WORKS ACTIVITIES

Consideration and award of a sole source contract for the repair and rehabilitation of a natural gas engine at the Well C-1 Booster Station located at 12701 Artesia Boulevard, Cerritos, CA, 90703 (APN 7030-001-900).

Water Superintendent Emig reviewed the staff report dated January 14, 2010 and the findings related to the recommendation for award of a sole source contract for the booster station work.

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

1.         Find that staff has satisfied the purposes of the bidding regulations of the Cerritos Municipal Code;

2.         Find that it is reasonable and necessary to sole source the service and repairs of the Waukesha Engine at Well C-1 Booster Station in accordance with Section 3.20.060 of the City of Cerritos Municipal Code;

3.         Appropriate sufficient funds from the Cerritos Water Fund to complete the proposed work in the sum of approximately $21,924.85; and

4.         Authorize the Senior Assistant City Manager to enter into a contract with Valley Power Services, Inc. for the proposed services and repairs;

as recommended in the staff report dated January 14, 2010.  The motion carried unanimously.

CITY COUNCIL COMMUNICATIONS/COMMITTEE REPORTS/REPORT ON MEETINGS

Councilwoman Chen indicated she attended the US Census Bureau Local Office Open House on January 6 and encouraged everyone to participate; noted her attendance at a neighborhood watch block party on Ashworth; reported on an e-mail received regarding efforts of City employees who helped a woman from a burning car.

CONSENSUS:  At the suggestion of Councilwoman Chen, staff was directed to look into and report back at the next Council meeting regarding the possibility of the City sponsoring the Family Arts Festival, including details of the event and costs, since the Friends of Arts Education have indicated they will not be hosting the event this year.

Councilman Edwards noted he attended the US Census Bureau Local Office Open House on January 6 and commended everyone involved with the Rose Parade Float.

Councilwoman Lee encouraged all residents to participate in the upcoming census; thanked staff involved in Rose Parade Float and suggested a Rose Parade Float pledge box on the water bills; referenced a resident e-mail regarding the City water bill, noting that Cerritos' water rates are the lowest of surrounding cities; acknowledged the water lift station vault access device invented by Water Division employee Jaime Morales; and discussed the valuable contribution of volunteering and thanked city volunteers for their efforts.

Councilman Cho wished everyone a healthy and prosperous New Year; commented on the City's Rose Parade Float; indicated he and three other Councilmembers attended the US Census Bureau Local Office Open House on January 6, noting the importance of participation in the census.  He also noted that he attended meetings of the League of California Cities and California Contract Cities; commented on the benefits to the City of the proposed constitutional amendment entitled the Local Taxpayer, Public Safety, Transportation Protection Act of 2010; and announced that the Friends of American Veterans of Korean War will be hosting Korean War Veterans on a tour of Seoul, South Korean in June 2010; and encouraged assisting victims of the Haiti earthquake, requesting that the meeting be adjourned in memory of those who perished.

Mayor Barrows requested that the meeting also be adjourned in memory of Cerritos resident Louis Alex Preston, Sr.; thanked the staff and volunteers who worked on the City's Rose Parade Float; addressed the benefits to the City of participating in the Rose Parade; commented on his meeting with Congresswoman Linda Sanchez; and noted that those involved in rescuing a woman from a burning car would be recognized at the next meeting.

ADJOURNMENT

The meeting adjourned at 9:25 p.m. in memory of Cerritos resident Louis Alex Preston, Sr. who recently passed away, and in memory of those who perished in the devastation of the Haitian earthquake.

 

/s/Josephine Triggs                   
Josephine Triggs, City Clerk
 

ATTEST:

/s/Bruce Barrows                     
Bruce Barrows, Mayor

Approved:  January 28, 2010

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