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Cerritos City Council Meeting Minutes

MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CERRITOS
HELD MAY 27, 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

Reverend C. K. Lee with the First Evangelical Church in Cerritos offered the invocation.

PLEDGE OF ALLEGIANCE

Boy Scout Troop 72 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:  Jacob A. Navarro for achieving the rank of Eagle Scout; Cerritos High School Girls Varsity Cheer Squad for placing first at the USA Regional competition in Yorba Linda and the King of Bleachers competition in Long Beach; Cerritos High School Girls Varsity Song Squad for placing first at the USA Regional competition in Rancho Santa Margarita and the USA Regional competition in Yorba Linda; and to students, faculty and staff from Wittmann Elementary School for participation in the 2010 Cerritos City Wide Pride Program.

PUBLIC COMMENTS AND SUGGESTIONS

Jesse Cheng, representing Congresswoman Linda Sanchez, announced the Congresswoman would be hosting a June 3, 2010 small business seminar at the Small Business Development Center in the Clearwater Building in Paramount from 5:30 p.m. to 7:00 p.m., with the program starting at 6:00 p.m.

CONSENT CALENDAR

Approval of Register of Demands

MOTION:  It was moved by Councilman Barrows and seconded by Councilman Edwards to approve the Register of Demands dated May 27, 2010, Checks 116691 through 116914, in the total amount of $6,086,937.06.  The motion carried unanimously.

Approval of Minutes

MOTION:  It was moved by Councilman Barrows and seconded by Councilman Edwards to approve the Minutes of the Special Meeting of May 10, 2010.  The motion carried unanimously.

PUBLIC HEARINGS

Consideration to waive reading of and adopt A JOINT RESOLUTION OF THE CERRITOS CITY COUNCIL AND CERRITOS REDEVELOPMENT AGENCY MAKING FINDINGS PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 33433 REGARDING THE LEASE BY LOU SOBH CERRITOS SATURN, INCORPORATED, DBA KIA OF CERRITOS, OF REAL PROPERTY LOCATED AT 18201 STUDEBAKER ROAD IN THE LOS CERRITOS REDEVELOPMENT PROJECT AREA AND AUTHORIZING THE EXECUTION OF A LEASE FOR SAID PROPERTY (APN 7034-017-031).*

*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, the public hearing opened, and staff report presented.

During ensuing discussion it was suggested that the City's attorney look at the possibility of amending the Area Development Plan to include standard language that dealers within the Auto Mall be dues-paying members of the Auto Dealers Association and that staff report back on this matter; it was confirmed that the return on investment is 7% and that the tenant would have only one dealership since the Saturn dealership is closing in two weeks; that due diligence has been exercised with regard to potential toxic plume, with staff recommending that the lease approval proceed subject to staff Phase II evaluation of the toxics report tomorrow and report back to the City Council if any major results occur; and that no major changes have occurred since the Council approved the original letter of intent in January 2010.

Interested parties were invited to present testimony. 

Ken Croft, partner in the new Kia store, expressed excitement with the new store, which he indicated would be the largest Kia store.  He added that if contamination is found during the Phase II evaluation that he is liable and he assured the Council that no contamination would be allowed to remain.

With regard to Section 13.1, Hazardous Materials, Associate City Attorney Camp observed that this section would establish a baseline should contamination occur on the site.

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

MOTION:  It was moved by Mayor Pro Tem Lee and seconded by Councilman Barrows to waive reading of and adopt Joint Resolution No. 2010-5 and CRA 2010-1 entitled A JOINT RESOLUTION OF THE CERRITOS CITY COUNCIL AND CERRITOS REDEVELOPMENT AGENCY MAKING FINDINGS PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 33433 REGARDING THE LEASE BY LOU SOBH CERRITOS SATURN, INCORPORATED, DBA KIA OF CERRITOS, OF REAL PROPERTY LOCATED AT 18201 STUDEBAKER ROAD IN THE LOS CERRITOS REDEVELOPMENT PROJECT AREA AND AUTHORIZING THE EXECUTION OF A LEASE FOR SAID PROPERTY (APN 7034-017-031).  The motion carried unanimously.

Consideration to waive reading of and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS TO APPROVE AND EXECUTE A FREEWAY AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION OF THE I-5 CORRIDOR IMPROVEMENT PROJECT WITHIN THE CITY OF CERRITOS.

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

At the request of the Council, staff responded to inquiries with regard to the scope of the project in Cerritos and its impact on traffic as well as CalTrans acquisition of some Cerritos properties as part of the project.

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

MOTION:  It was moved by Councilman Barrows and seconded by Councilman Edwards to waive reading of and adopt Resolution No. 2010-6 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS TO APPROVE AND EXECUTE A FREEWAY AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION OF THE I-5 CORRIDOR IMPROVEMENT PROJECT WITHIN THE CITY OF CERRITOS.  The motion carried unanimously.

PUBLIC MEETING ITEM

Review and consideration of a letter transmittal to the Los Angeles County Board of Supervisors regarding a proposed community standards district for the "Cerritos Island" unincorporated area generally located at the southwest corner of 166th Street and Gridley Road.

Current Planning Manager Lopez provided the staff report, and interested parties were then invited to present testimony.

Dixie Primosch, Cerritos resident, indicated she read the proposed letter and it does an outstanding job of addressing the concerns of affected residents.  She referenced a recent incident involving loud music and supported law enforcement of the area by the Cerritos Sheriff's Station.

The Mayor called for any other speakers and there was no response.

MOTION:  It was moved by Councilwoman Chen and seconded by Councilman Barrows to authorize the transmittal of a letter by the Mayor to the Los Angeles County Board of Supervisors, substantially in the form attached to the staff report dated May 27, 2010 entitled Review and consideration of a letter transmittal to the Los Angeles County Board of Supervisors regarding a proposed community standards district for the "Cerritos Island" unincorporated area generally located at the southwest corner of 166th Street and Gridley Road, requesting amendments to the proposed community standards district for the Cerritos Island unincorporated area and related development and enforcement actions.  The motion carried unanimously.

PUBLIC WORKS ACTIVITIES

Consideration and award of contract for the design and construction of a photovoltaic system at the City of Cerritos Corporate Yard, 16540 Marquardt Avenue (APN 7003-002-900), Bid No. 1098-11, Project No. 12105.

MOTION:  It was moved by Councilwoman Chen and seconded by Councilman Barrows to award a contract for the design and construction of a photovoltaic system at the Cerritos Corporate Yard, 16540 Marquardt Avenue (APN 7003-002-900), Bid No.
1098-11, Project No. 12105, to Martifer Solar in the amount of $499,409.31, and to reject all other proposals.  The motion carried unanimously.

NEW AND OLD BUSINESS

Consideration and approval of the second amended joint exercise of powers agreement for the Orangeline Development Authority.

MOTION:  It was moved by Councilman Barrows and seconded by Councilman Edwards to approve the Second Amended Orangeline Development Authority Joint Exercise of Powers Agreement and authorize the Mayor to execute said document.  The motion carried unanimously.

Review and consideration of participation in the 2011 Pasadena Tournament of Roses Parade.

Following the staff report, it was confirmed that the entry fee had increased from $3,750 last year to $5,000 this year and that the Rose Parade Committee would prefer a response on the City's participation as soon as possible or by June 15.

MOTION:  It was moved by Mayor Pro Tem Lee and seconded by Councilman Edwards toparticipate in the 2011 Pasadena Tournament of Roses Parade, direct staff to sign the acceptance of invitation, and appropriate $5,000 for the entry fee.

Discussion ensued regarding the possibility of making a final decision on participation until after the budget study session at which time the matter could be evaluated in the context of a comprehensive budget review, particularly in light of the potential use of $2.6 million from reserves to balance the budget and the unknown economic situation associated with what might occur at the State level.  It was confirmed that should the Council decide not to participate, resident donations would likely be credited toward their water bills.

MOTION WITHDRAWN:  Following discussion, the immediate foregoing motion was withdrawn.

A brief discussion was held regarding the benefits of participation through worldwide exposure and that the rents from the Kia dealership would be placed in the General Fund for possible use toward the float.

MOTION:  It was then moved by Councilman Edwards and seconded by Mayor Cho to participate in the 2011 Pasadena Tournament of Roses Parade, direct staff to sign the acceptance of invitation and appropriate $5,000 for the entry fee. 

Additional discussion was held regarding the benefits of the float program on the community through volunteerism and promoting a sense of unity and the enhancement of the City's image nationwide, particularly in light of the erroneous air quality information that tarnished the City's image last year.  It was also noted that residents had donated $18,900 through their water bills in support of the float and it was suggested that automatic deductions could assist those who wish to donate.  The
long-term benefits of participation were also referenced during the discussion as well as previous years' deductions from reserves and the recent $11.8 million taken by the State from redevelopment funds.  It was suggested that the matter be tabled until the next meeting and further discussion followed regarding being placed on a waiting list should the City not participate this coming year, but be in a financial position to participate in the future.  It was also pointed out that anticipated revenues over the next seven months could make participation financially feasible; that Cerritos businesses had been contacted and one business had contributed $2,000; and that the Chamber of Commerce had not been contacted regarding contributions from the business community.

MOTION FAILS:  The immediate foregoing motion failed, with Councilmembers Barrows and Chen and Mayor Pro Tem Lee dissenting.

Consideration of possible change in meeting date for the City Council/ Redevelopment Agency Meeting of October 28, 2010.

MOTION:  It was moved by Councilman Barrows and seconded by Mayor Pro Tem Lee to cancel the Regular City Council/Redevelopment Agency Meeting of October 28, 2010 and schedule a Special Meeting for October 25, 2010 in lieu of the canceled October 28 Regular Meeting.  The motion carried unanimously.

CITY COUNCIL COMMUNICATIONS/COMMITTEE REPORTS/REPORT ON MEETINGS

Councilman Edwards commented on his attendance yesterday at the Los Angeles County Peace Officers' Memorial and noted the recent passing of his father-in-law John M. Borger, Jr., requesting that the meeting be adjourned in his memory.

Councilwoman Chen noted her attendance at the Cerritos Elementary School Science Fair, dedication of the new Automotive Partners Building and Southland Motor Car Dealers Association office on the Cerritos College campus; Los Angeles County Deputy Sheriff's Recognition Dinner; and the International Council of Shopping Centers Conference in Las Vegas.

Councilman Barrows reported on his attendance at the dedication of the new Automotive Partners Building and Southland Motor Car Dealers Association office on the Cerritos College campus; and the Los Angeles County Deputy Sheriff's Recognition Dinner.  He noted a community outreach program associated with Federal government studies related to the Pacific Electric right-of-way and the Orangeline development to be held on June 19 from 1:00 p.m. to 3:00 p.m. at Cerritos Park East.

Mayor Pro Tem Lee indicated she was privileged to speak at the Los Alamitos 79th U.S. Army Reserves Sustainment Support Command about Asian Pacific American Heritage Month, and she read e-mail correspondence from a Cerritos resident commending the City for its pool safety program.

Mayor Cho noted his attendance at the California Contract Cities Association Conference in Indian Wells, International Council of Shopping Centers Conference in Las Vegas, Southland Motor Car Dealers Association Open House; Indian Community Center Open House; Older American Recognition Day Celebration sponsored by Los Angeles County 4th District Supervisor Don Knabe; and Cerritos Swim Center Open House and Safety Expo.  He noted that Cerritos resident John Skiles, father of Fine Arts and Historical Commissioner Maria Skiles, had passed away and indicated the meeting would also be adjourned in his memory.

CLOSED SESSION

Public Employee Appointment pursuant to Government Code Section 54957.1
Title:  Interim City Clerk

The City Council convened in Closed Session at 9:10 p.m.  The meeting reconvened at 9:30 p.m. and the Council directed the City Manager to move forward with the process to retain an Interim City Clerk.

ADJOURNMENT

The meeting adjourned at 9:30 p.m. in memory of John M. Borger, Jr., father-in-law of Councilman Edwards, and John Skiles, father of Fine Arts and Historical Commission Chair Maria Skiles, both of whom recently passed away.

 

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

 

/s/ Joseph Cho__________
Joseph Cho, Ph.D., Mayor

Approved:  June 7, 2010

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