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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 28, 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 Samuel Kwon with the Cerritos Korean Eden Reformed Church in Artesia offered the invocation.

PLEDGE OF ALLEGIANCE

Mayor Pro Tem Joseph Cho 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:  Susan and Henry F.B. Cheng in recognition of their retirement from the Ray Shine Choir; and to Festival of Friendship participants Ahahui O'Liliuokalani Hawaiian Civic Club of Southern California, Cerritos Chinese-American Senior Citizens Association, Cerritos Korean-American Association, Chinese Culture Association of Southern California, Chinese Yunchi Dance Association of America, Da' Hawaii Seniors Club, Happy Seniors of Cerritos, JC Culture Foundation, and Los Cerritos Center Property Manager Ken Kraus.

CONSIDERATION OF APPOINTMENTS TO VACANCIES ON VARIOUS COMMISSIONS, BOARDS AND COMMITTEES

Consideration of appointment to the Economic Development Commission.

MOTION:  It was moved by Councilwoman Lee and seconded by Mayor Barrows to confirm the appointment of Richard L. Gilliland, Jr. to the Economic Development Commission.  The motion carried unanimously.

The City Clerk then administered the oath to Mr. Gilliland.

PUBLIC COMMENTS AND SUGGESTIONS

Mark Anthony Ruiz, Cerritos resident, invited everyone to the American Cancer Society's Relay for Life event at Gahr High School on June 26th.

Jerry Jenson, Cerritos resident, requested and received clarification regarding use of reclaimed water for 91 Freeway landscaping and waste recycling as part of the City's waste management program.  He also commented on his presentation regarding scams aimed at senior citizens.

CONSENT CALENDAR

Approval of Register of Demands

MOTION:  It was moved by Councilwoman Chen and seconded by Councilwoman Lee to approve the Register of Demands dated January 28, 2010, Checks 113908 through 114236, in the total amount of $1,817,763.95.  The motion carried unanimously.

Approval of Minutes

MOTION:  It was moved by Councilwoman Chen and seconded by Councilwoman Lee to approve the Minutes of the Regular Meeting of January 14, 2010.  The motion carried unanimously.

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

ORDINANCE 954 - 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.

MOTION:  It was moved by Councilwoman Chen and seconded by Councilwoman Lee to waive reading of and adopt 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


PUBLIC HEARING

A request by the applicant, Nam Jeon Heo of Luna Day Spa, Inc., for the approval of Conditional Use Permit 2009-5 to operate a massage establishment.  The subject property is located at 11855 Del Amo Boulevard, Cerritos, California, 90703 and is zoned Neighborhood Commercial (CN)
(APN 7055-017-013).

Conditional Use Permit 2009-5*

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

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

Following the staff report presentation interested parties were invited to present testimony.  There was no response and the public hearing was closed.

MOTION:  It was moved by Councilwoman Lee and seconded by Councilman Edwards that the City Council approve Conditional Use Permit 2009-5, making the findings set forth in Cerritos Planning Commission Resolution No. PC 2010-1, as recommended in the staff report dated January 28, 2010.  The motion carried unanimously.

Review and consideration of a proposal to enter into a binding letter of intent with Lamar Trust for the purchase of an automobile dealership property and related improvements located at 18201 Studebaker Road and a proposal to enter into a non-binding letter of intent with Kia-Subaru of Cerritos for the ground lease of said property and improvements.  The subject site is zoned Development Area Five (ADP-5) and is located within the Los Cerritos Redevelopment Project Area (APN 7034-012-031).

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

Following presentation of the staff report it was noted during ensuing discussion that written correspondence had been received from Kia confirming that Lou Sobh and Ken Croft are the individuals who would receive the franchise; the property/equipment would be turned over to the tenant in working order and additional modifications requiring City/Agency approval would be the responsibility of the tenant; a 45-day escrow is anticipated; fountain repairs would cost the City/Agency approximately $3,500; and it was confirmed that all of the dealers in the auto mall have been the beneficiaries of Agency financial incentives.  At the request of the Council Associate City Attorney Dennis Roy elaborated on the recourse for the City/Agency should a breach of the lease by the tenant occur.

Interested parties were invited to present testimony.

Kent Browning, 18823/27 Studebaker Road, operator of Browning Mazda, Cerritos Dodge and Cerritos Acura, indicated he has been involved in the Cerritos Auto Square since its inception and believes in free enterprise, which he asserted the City/Agency is circumventing and subsidizing by getting involved in the car business.  He commented that owner/operators have more at stake in their operations and indicated that although it was painful to see any vacant auto dealerships, the City/Agency would be better served to wait until the economy improves to enable an individual to purchase the property.  In response to Council inquiry Mr. Browning noted that he purchased his property from the City/Agency in 1980 and 1984 for $2.00/sq. ft. and $4.25/sq. ft., respectively, that he and the other dealerships were aware of the opportunity to purchase the property, that he has not moved forward with purchasing the property, and that he has no other suggestions regarding this property.

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

It was noted that there are four other properties owned by others and leased to operators, and the long-term economic benefits of this proposal to the City/Agency in terms of future appreciation of the property, sales tax revenue, rental revenue, job creation and positive impact on the auto mall as a whole were addressed.  The right of first refusal for the tenant to purchase the property as well as use of the property as collateral was also discussed.

At the request of the Council, City Attorney Steres observed this property is located within the Redevelopment Agency project area and one of the goals of the project area is to diminish blight, noting that having a closed auto dealership is a blighting event.  He added that the proposal is a proper Redevelopment Agency expenditure to help bring back a dealer in this location, but also to encourage and create the success of the whole mall, because every month there is an empty dealership it can create a blighting effect.  Mr. Steres added that the purpose of the Redevelopment Agency is to invest in the redevelopment area to create new jobs and create economic activity and revitalize an area.

MOTION:  It was moved by Councilwoman Chen and seconded by Mayor Pro Tem Cho to authorize the City Manager, or his designee, to further negotiate with representatives of the Lamar Trust and Kia of Cerritos to develop formal purchase and lease agreements for review and approval by the City Council, as recommended in the staff report dated January 28, 2010.  The motion carried unanimously.

NEW AND OLD BUSINESS

Review and consideration of ratification by the City of Cerritos of the preparation of a Sustainable Communities Strategy by the Gateway Cities Council of Governments.

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

1.   Ratify the decision of the Board of Directors of the Gateway Cities Council of Governments to accept delegation under SB 375 for the preparation of a subregional Sustainable Communities Strategy (SCS); and

2.   Authorize the expenditure of funds for assessments by the Gateway Cities Council of Governments to pay for the preparation of a subregional SCS;

as recommended in the staff report dated January 28, 2010.  The motion carried unanimously.

PENDING LEGISLATION

Assistant City Manager Matsumoto provided background and an overview of H.R. 3734, Urban Revitalization and Livable Communities Act, to rehabilitate recreational areas/facilities and develop recreational programs in urban areas.

CONSENSUS:  It was the consensus of the City Council to authorize letters of support for H.R. 3734, Urban Revitalization and Livable Communities Act, suggesting possible language modification to assist the Rivers and Mountains Conservancy in our area.

CITY COUNCIL COMMUNICATIONS/COMMITTEE REPORTS/REPORT ON MEETINGS

Mayor Pro Tem Cho commented on his attendance at the City's Martin Luther King, Jr. Day celebration and his attendance at the United States Conference of Mayors Winter Meeting in Washington, D.C.

Councilwoman Lee commended staff for a successful Martin Luther King, Jr. Day celebration.  She referenced the recent storms, and at her request staff discussed the City's liability claims process.

Councilmember Chen discussed Blind Start of America and her attendance at its Mud Run kick-off party she attended January 16; and commented on her attendance at the City's Martin Luther King, Jr. Day celebration, the first quarterly coffee with Sheriff's Department Capt. Joe Gonzales at the Cerritos Towne Center, and at a recital at the Cerritos Library performed by pianist Dr. Li-Shan Hung and violinist Dr. Kang Wong Kim, affiliated with Biola University.

CONSENSUS:  At the suggestion of Councilwoman Chen, it was the consensus of the City Council to direct staff to identify Cerritos businesses listed in the Los Angeles Business Journal; invite their representatives to come to City Council meetings to present them with a proclamation to show them we appreciate them doing business in the City and recognizing their achievement; and to place this item on the next City Council agenda.

CONSENSUS:  At the suggestion of Mayor Barrows staff was directed to place on the next City Council agenda the possibility of conducting the presentation portion of the City Council meeting prior to the business portion of the meeting.

Councilman Edwards commended staff for a successful Martin Luther King, Jr. Day celebration and asked that the meeting be adjourned in memory of Shirley Rants who recently passed away.

Mayor Barrows discussed the City's Martin Luther King, Jr. Day celebration as well as his attendance at the United States Conference of Mayors Winter Meeting in Washington, D.C.

 

CLOSED SESSION

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property:        18201 Studebaker Road
                        Cerritos, CA  90703
                        (APN 7034-012-031)

Agency negotiators:   Art Gallucci
                                                Mark Steres
                                                Dennis Roy

Negotiating parties:   Lamar Trust
                                                Lou Sobh
                                                Ken Croft

Under negotiation:                 Instructions to negotiators concerning price, terms of payment and use, lease terms and conditions.

The Closed Session was not held.

ADJOURNMENT

The meeting adjourned at 9:30 p.m. in memory of Shirley Rants, who recently passed away.

 

/s/ Josephine Triggs__________
Josephine Triggs, City Clerk
ATTEST:

 

/s/ Bruce W. Barrows_________
Bruce W. Barrows, Mayor

 

Approved:  February 11, 2010

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