Cerritos City Council Meeting Minutes
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CERRITOS
HELD APRIL 22, 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
Mayor Pro Tem Laura Lee 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:
Councilman Bruce Barrows
Councilwoman Carol Chen
Councilman Jim Edwards
Mayor Pro Tem Laura Lee
Mayor Joseph Cho, Ph.D.
PRESENTATIONS
Proclamations were presented to the Woman's Club of Artesia-Cerritos in recognition of its 95th anniversary; Donate Life Ambassadors Lisbeth and Kevin Monroe proclaiming April 2010 as DMV/Donate Life California Month; Michelle Law in recognition of achieving the Girl Scouts Gold Award; Valley Christian High School Girls Varsity Basketball Team for being the Olympic League Runner-Up, Division 5AA-CIF Runner-Up and Division 4 State Qualifier; and Gahr High School Boys Varsity Basketball Team for being the San Gabriel Valley League Champion, Hoover Invitational Champion, Clovis Tournament Champion, CIF State Regional Semi-Finalist and the CIF Semi-Finalist.
PUBLIC COMMENTS AND SUGGESTIONS
Rhonda Burd, Cerritos resident, extended an invitation to the Junior Miss Scholarship Program to be held Sunday, April 25 at 5:00 p.m. in the Sierra Room at the Cerritos Center for the Performing Arts.
Katherine Chu, Cerritos resident, commented on the benefits of the City's adaptive programs.
CONSENT CALENDAR
Approval of Register of Demands
MOTION: It was moved by Councilman Barrows and seconded by Councilwoman Chen to approve the Register of Demands dated April 22, 2010, Checks 115893 through 116205, in the total amount of $9,188,762.98. The motion carried unanimously.
Approval of Minutes
MOTION: It was moved by Councilman Barrows and seconded by Councilwoman Chen to approve the Minutes of the Regular Meeting of April 8, 2010. The motion carried unanimously.
PUBLIC HEARING
Consideration to waive reading of and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS ADOPTNG A REVISED CERRITOS BIKEWAY SYSTEM ROUTE MAP.
Title was read to the foregoing public hearing item, the public hearing opened, and staff report presented.
In response to Council inquiry, it was noted that staff would look at the Gateway Cities Council of Governments study with regard to its conceptual bikeway plan involving the railroad right-of-way, including outside funding alternatives for a Cerritos connection. It was noted further that no response regarding the bikeway proposal was received from the cities of Lakewood or Artesia; review of the plan by the Parks and Recreation Commission was directed by the Council and upon Council direction further review can be undertaken by the Planning Commission and the Community Safety Committee; staff is monitoring future bike lane connectivity with adjacent cities, including the City of Long Beach; there are various ways in which a bicycle detection system could be implemented; a bike path on 183rd Street between Marquardt and Bloomfield Avenues was not recommended for safety reasons and that alternatives were available to access Towne Center, Civic Center and Library; and for public convenience bicycle racks have been placed at all public facilities.
Interested parties were invited to present testimony.
Ed Johnson, Cerritos resident, expressed support for the proposal, noting that it was a great start with potential integration with public transit. He did not object to further review by other Commissions and Committees, but asked that the project not be delayed. He referenced an article in Bicycling magazine that ranked the City of Long Beach at 23 of America's Best Bike Cities and suggested staff contact Long Beach for funding suggestions since a significant portion for the funding of its bike paths was received through state and federal grants.
Konrad Peikar, Cerritos resident, spoke in favor of the proposal.
Chris Im and Jason Kim, Cerritos High School students representing Empowered Teens, spoke in favor of the proposal and against the removal of any bike lanes. They referenced their recent bicycle tour of the City, noting that more sturdy bike racks are needed; suggested the City undertake a driver education program focusing on bicycle safety, including ease of left turns for bicyclists; and offered their assistance with publicity.
Al Barlevy, Cerritos resident, suggested that bike lanes be placed on every arterial street in the City.
Jim McMahon, Cerritos resident, questioned the accuracy of the staff report, noting that bike lanes have been abandoned, and suggested dividing the City into districts, with each district represented by one Councilmember, for the purpose of receiving input with regard to bike lanes via town hall meetings. He called for more bike paths on secondary and residential streets and caution signs for motorists to watch for bicyclists.
Ken Cha, Cerritos resident, commented on the need for bike paths city-wide; adequate number of bike racks; and connectivity of bike paths between Cerritos and adjacent cities.
Konrad Peikar, indicated the proposal is a good start and suggested installing bike racks in shopping centers to encourage sales tax revenue.
Ram Kakkar, Cerritos resident, asked that the Council get input from stakeholders including cycling clubs, bicycle store owners and others who would be affected by and benefit from an improved bikeway system.
David Shaffer, Cerritos resident, noted the railroad right-of-way area is becoming an eyesore and suggested incorporating a bike path along this stretch. He commented on bicycle safety and noted an improved bikeway system would enhance the aesthetics of the community.
Tameem Breik, Cerritos resident and student, indicated he uses his bicycle and skateboard for transportation in and around the City and spoke in support of the proposal. He suggested well-maintained streets and sidewalks for enhanced bicycling and skateboarding safety.
No one else wished to speak and the public hearing was closed.
At the request of the Council, City Manager Gallucci provided an overview of the ongoing comprehensive maintenance program for residential, commercial and arterial streets within the City.
MOTION: It was moved by Mayor Pro Tem Lee and seconded by Councilman Edwards to waive reading of and adopt Resolution No. 2010-3 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS ADOPTNG A REVISED CERRITOS BIKEWAY SYSTEM ROUTE MAP, and direct that the revised bikeway system be referred to the Planning Commission and Community Safety Committee for review and report back of recommendations to the City Council. The motion carried unanimously.
RECESS AND RECONVENE
The meeting recessed at 8:40 p.m. and reconvened at 8:50 p.m. with all Councilmembers in attendance.
PENDING LEGAL MATTERS
Consideration to waive reading of and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS IN SUPPORT OF ASSEMBLY BILL 2003 AUTHORED BY ASSEMBLY MEMBER TONY MENDOZA WHICH PROPOSES TO ADD SECTION 50035 TO THE GOVERNMENT CODE RELATING TO CONTRACTS AND APPOINTMENTS BY A LOCAL LEGISLATIVE BODY.
Following the staff report, it was noted that the League of California Cities has no position with regard to AB 2003; to staff's knowledge no other city has taken a position, and those opposing include the California State Association of Counties, Urban Counties Caucus, and Regional Council of Rural Counties.
Vivy Chao, Field Representative for Assemblymember Tony Mendoza, noted the most recent amendment to the bill permits a governing body to enter into a contract after an election and before new board members are sworn into office so long as such contract is under $20,000 and expires on or before the date the new board is sworn in. She added that the City of San Marcos and the other associations mentioned earlier oppose the bill due to concerns that current councilmembers would be unable to make adjustments or decisions that may benefit the city they represent.
Discussion ensued regarding the potential impact of Assembly Bill 2003 and the history and circumstances surrounding its creation. It was suggested that the bill may have unintended consequences requiring additional information and study prior to taking action and could prevent necessary city business from being conducted. It was also noted that the bill would ensure that lame duck elected officials are prevented from entering into long term contracts or making long term appointments that bind an incoming council during the time period between the election and swearing in of newly elected officials.
At the request of the Council City Attorney Steres provided an overview of the bill, noting that the facts that brought this legislation forward were serious and the proposed bill was introduced to address concerns associated with actions on contracts and appointments following an election and prior to the swearing-in of elected officials. He observed that there could be constraints on cities when action during that time frame is required.
MOTION: It was moved by Mayor Pro Tem Lee and seconded by Mayor Cho to waive reading of and adopt Resolution No. 2010-4 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS IN SUPPORT OF ASSEMBLY BILL 2003 AUTHORED BY ASSEMBLY MEMBER TONY MENDOZA WHICH PROPOSES TO ADD SECTION 50035 TO THE GOVERNMENT CODE RELATING TO CONTRACTS AND APPOINTMENTS BY A LOCAL LEGISLATIVE BODY. The motion carried, with Councilmembers Barrows and Chen dissenting.
NEW AND OLD BUSINESS
Consideration and award of a contract for the construction of street improvements in Equitable Road, Bettencourt Street and Struikman Road from Edwards Road to Marquardt Avenue and in Keller Circle, Bid No. 1100-11, Project No. 13068.
MOTION: It was moved by Councilman Barrows and seconded by Mayor Pro Tem Lee that the City Council award a contract in the amount of $349,534 for the construction of street improvements in Equitable Road, Bettencourt Street and Struikman Road from Edwards Road to Marquardt Avenue, and in Keller Circle, Bid No. 1100-11, Project No. 13068 to Pave West, and reject all other bids. The motion carried unanimously.
PENDING LEGISLATION
City Manager Gallucci reported that the City was successful in defending its position in the Cuesta Villas validation lawsuit appeal. He also commented on the California Redevelopment Agency court appeal with regard to the taking of redevelopment funds by the State of California.
Community Development Director Contreras provided updated information regarding the Los Angeles County Regional Planning Commission hearing for land use regulations of the unincorporated County territory southeast of Cerritos College and southwest of 166th Street and Gridley Road. Discussion followed regarding safety/fire issues associated with narrow street width within this unincorporated area.
CONSENSUS: It was the consensus of the City Council to direct staff to report back on the matter of the proposed community standards district for the County unincorporated area generally located at the southwest corner of 166th Street and Gridley Road.
Councilwoman Chen discussed Senate Bill 1427 regarding local property maintenance and the potential impact on local control of code enforcement issues.
CONSENSUS: It was the consensus of the City Council to direct staff to monitor Senate Bill 1427 and report back to the City Council as appropriate.
CITY COUNCIL COMMUNICATIONS/COMMITTEE REPORTS/REPORT ON MEETINGS
Mayor Cho commented on the successful completion of the Cuesta Villas validation lawsuit and appeal.
Mayor Pro Tem Lee reported on her attendance at the Welcome Home Vietnam Veterans Memorial Ceremony in Whittier on March 23 and suggested the City take steps to have the moving memorial come to the City.
CONSENSUS: It was the consensus of the City Council to direct staff to determine availability and cost to bring to the City The Moving Wall, the traveling half-size replica of the Vietnam Veterans Memorial, and place the matter on a future City Council agenda for consideration.
Councilman Edwards reported on the Cerritos Center for the Performing Arts 2010-2011 season and reminded residents that the new season brochures would be mailed on May 7. He invited the community to the City's Spring Festival this weekend Friday, April 23 through Sunday, April 25.
Councilwoman Chen reported on her attendance at Senator Lowenthal's Woman of the Year luncheon, noting the nomination of Dr. Pao Ling Guo, ABC Adult School Principal; the Community Talent Show this past Saturday at Cerritos Park East; and the California Contract Cities Installation Dinner last evening at which it was noted that the Sheriff's Liability Trust Fund City contribution has been reduced by 2%. She also invited the community to the Cerritos Junior Miss Scholarship Program this coming Sunday and requested that the meeting be adjourned in memory of Patricia Johnson, mother of Planning Commission Chair Diana Needham, who recently passed away.
Mayor Cho reported on his attendance at the San Gabriel Region Water Service event sponsored by Assemblyman Tony Mendoza, Sanitation District's Earth Day 2010, and the Shut Your Tap Roundtable sponsored by the Central Basin Municipal Water District. He commented on water usage statistics as well as water saving measures, pointing out that today is Earth Day, which marks the start of the Cash for Appliances Program sponsored by California Energy Commission involving rebates for purchasing energy saving/high efficiency appliances in addition to other rebates from local water companies and districts. He also invited residents to the City's Spring Festival this weekend.
ADJOURNMENT
The meeting adjourned at 9:47 p.m. in memory of Patricia Johnson, mother of Planning Commission Chair Diana Needham, who recently passed away.
/s/Josephine Triggs
Josephine Triggs, City Clerk
ATTEST:
/s/Joseph Cho
Joseph Cho, Ph.D., Mayor
Approved: May 10, 2010
