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Cerritos City Council Meeting Minutes

MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CERRITOS
HELD APRIL 28, 2011

1. 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.

2. INVOCATION

Commissioner Alan Wood offered the invocation.

3. PLEDGE OF ALLEGIANCE

Boy Scout Troop 693 led the assembly in the salute to the flag.

4. ROLL CALL

The following Members of the City Council were in attendance:

Councilmember Bruce Barrows
Councilmember Joseph Cho, Ph.D.
Councilmember Mark Pulido
Mayor Pro Tem Jim Edwards
Mayor Carol Chen

5. PRESENTATIONS

Proclamations/Presentations were made as follows:

Proclamations presented to the Sheraton Cerritos Hotel (Business Recognition Program), Uday Mehta (Eagle Scout), Gahr High School Boys Varsity Basketball Team (2010-2011 CIF South Section Division 2A Champions), American Youth Soccer Organization Cerritos Firecrackers Team (AYSO Region 54 League Title), American Youth Soccer Organization Cerritos All-Star Team (Area E All-Star Tournament Champions), and Cathy Huang (ABC Unified School District Spelling Bee and the Los Angeles County Elementary Spelling Bee).

6. PUBLIC COMMENTS AND SUGGESTIONS

Kiran Rami, resident, expressed concern regarding lifetime medical benefits for Councilmembers and encouraged the Councilmembers to negotiate in good faith with the employees.

Catherine Gaughen, Executive Director of the Cerritos Regional Chamber of Commerce, extended an invitation for all to attend the Chamber’s State of the City luncheon.

Ram Kakkar, resident, expressed concerns regarding alleged expenditures made by incumbent Councilmembers.

Deven Thakar, resident, expressed concerns regarding the policy extending lifetime medical benefits for the Councilmembers.

John MacFarlane, resident, expressed concerns regarding the policy of benefits and travel expenditures for Councilmembers.

Keri Chang, resident, requested the Councilmembers distinguish themselves from employees of the City by varying their benefit packages and Councilmember terms.

Danielle Rogacion, Cerritos College student, inquired as to disaster preparedness activities in the City of Cerritos.

Chris Fuentes, resident, requested that Councilmember benefits be placed on a future agenda for consideration.

Chris Tierheimer, resident, spoke about the high quality of City services in the City of Cerritos as directly related to the high service provided by the City Council and City staff.

Jim Weisberger, resident, expressed concerns about the existing fiduciary challenges and responsibilities faced by the Council.

Congresswoman Linda Sanchez stated that she attended the dinner at the residence of the Taiwanese Ambassador by invitation and noted that her official business is conducted at her offices in Cerritos and Washington, D.C.

CONSENT CALENDAR

7A. Approval of Register of Demands

MOTION: It was moved by Councilmember Pulido and seconded by Councilmember Cho to approve the Register of Demands dated April 28, 2011, Checks 124477 through 124876 in the total amount of $2,444,195.64. The motion carried unanimously.

8A. Approval of Minutes

MOTION: It was moved by Councilmember Pulido and seconded by Councilmember Cho to approve the Minutes of the Regular Meeting of April 14, 2011.

9. Consideration and award of Bid No. 1110-11, printing of the Cerritos Center for the Performing Arts 2011-2012 First Seasonal Calendar

MOTION: It was moved by Councilmember Pulido and seconded by Councilmember Cho to award Bid No. 1110-11 for the printing of the Cerritos Center for the Performing Arts First Seasonal Calendar be awarded to Southwest Offset Printing in the amount of $66,919.17. The motion carried unanimously.

END OF CONSENT CALENDAR

10. Consideration of appointments to vacancies on various commissions, boards, and
committees

MOTION: It was moved by Mayor Chen and seconded by Councilmember Barrows to appoint the individuals nominated by Mayor Chen to the following listed commissions, boards, and committees. The motion carried unanimously.

Mayor Carol Chen
*Gordon Hom Community Safety Committee
*Victor Gau Community Safety Committee
*Rosalinda Law Economic Development Commission
Doris Iglesias Fine Arts & Historical Commission
LaVerne Tancill Friends of Arts Education at the Cerritos Center
*Jennifer Hong Let Freedom Ring Committee
*Soo Yoo Let Freedom Ring Committee
James Fong Yee, Ph.D. Parks and Recreation Commission
*Chuong Vo Planning Commission
Waldo Arballo Property Preservation Commission
*denotes new appointment

MOTION: It was moved by Councilmember Barrows and seconded by Mayor Pro Tem Edwards to appoint the individuals nominated by Councilmember Barrows to the following listed commissions, boards, and committees. The motion carried unanimously.

Councilmember Bruce Barrows
Matt Kauble Community Safety Committee
*Brad Beach Community Safety Committee
Robert Buell Economic Development Commission
Elayne Shiohama Fine Arts & Historical Commission
Mary Buell Friends of Arts Education at the Cerritos Center
Kathy Kamei Let Freedom Ring Committee
John Dawson Let Freedom Ring Committee
Lew Gentiluomo Parks and Recreation Commission
Naresh Solanki Planning Commission
Allen Wood Property Preservation Commission

*denotes new appointment

MOTION: It was moved by Councilmember Cho and seconded by Councilmember Barrows to appoint the individuals nominated by Councilmember Cho to the following listed commissions, boards, and committees. The motion carried unanimously.

Councilmember Joseph Cho
*Kiyong Ma Community Safety Committee
Richard Yu, Ph.D. Community Safety Committee
Pat Patnaik Economic Development Commission
Julietta Williams Fine Arts and Historical Commission
Gloria Kappe Friends of Arts Education at CCPA
Rodante “Dan” R. Joves Let Freedom Ring Committee
*Jay J. Ryoo Let Freedom Ring Committee
*Kenneth Cha Parks and Recreation Commission
*Al Barlevy, Ph.D. Planning Commission
*Heung Sik “Nick” Kim Property Preservation Commission

*denotes new appointment

MOTION: It was moved by Councilmember Pulido and seconded by Councilmember Barrows to appoint the individuals nominated by Councilmember Pulido to the following listed commissions, boards, and committees. The motion carried unanimously.

Councilmember Mark Pulido
*Frederick Shen Community Safety Committee
*Nikki Noushkam, P.E., REA Community Safety Committee
*Leslie Machado Economic Development Commission
*Nora T. Benzon Fine Arts & Historical Commission
(pending) Friends of Arts Education at the Cerritos Center
*Charlotte Vera-Quarles Let Freedom Ring Committee
*Carmelita Lampino Let Freedom Ring Committee
*Cindy Yen Chen Parks and Recreation Commission
*Frank Yokoyama Planning Commission
*Levi Javier Property Preservation Commission

*denotes new appointment

PUBLIC HEARINGS

11A. Consideration and review to waive reading of and adopt a RESOLUTION OF THE
CERRITOS CITY COUNCIL APPROVING THE CERRITOS CERTIFIED HOUSING ELEMENT ANNUAL PROGRESS REPORT FOR SUBMITTAL TO THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD) IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65400.* *Pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA), this project is categorically exempt.

Eduardo Vega, Associate Planner, provided a report. A PowerPoint Presentation was displayed.

Mayor Chen opened the public hearing and public testimony. There were no members of the audience who made public comments. Mayor Chen closed the public testimony and the public hearing.

MOTION: It was moved by Councilmember Barrows and seconded by Councilmember Pulido to adopt Resolution No. 2011-6, A RESOLUTION OF THE CERRITOS CITY COUNCIL APPROVING THE CERRITOS CERTIFIED HOUSING ELEMENT ANNUAL PROGRESS REPORT FOR SUBMITTAL TO THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD) IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65400. The motion carried unanimously.

11B. A proposal by property owner J & A Enterprises Groups, Inc., 11004 South Street,
Cerritos, California, 90703, to remodel the interior and exterior of the existing service station mechanic bay building located at 11004 South Street, Cerritos, California, 90703 and to covert the existing automobile service station use to a convenience service station use. The subject property is zoned Neighborhood Commercial (CN) (APN 7049-013-029). 1. Conditional Use Permit 2011-3*
2. Precise Plan 85-2(B)(2011) Amendment*

Sandy Cisneros, Senior Planner, provided a report. A PowerPoint Presentation was displayed.

Staff noted that condition of approval number 57 could be amended to address the architectural standards proposed for the building.

Mayor Chen opened the public hearing and public testimony.

Sherrie Olson, representing the applicant, acknowledged that the applicant is willing to work with staff to address the architectural design of the project.

Jay Karatien, property owner and applicant, spoke in support of the amended conditions of approval on this item.

Mayor Chen closed the public testimony and the public hearing.

MOTION: It was moved by Councilmember Barrows and seconded by Councilmember Pulido to

1.) amend Condition of Approval No. 57 in its entirety as follows:

57. Enhanced Architectural Detailing. In keeping with recently approved convenience service station buildings at other locations in Cerritos, the applicant shall enhance the architecture of the subject convenience service station building. The final enhanced design shall be subject to the review and approval of the Cerritos Planning Commission.

2.) approve Conditional Use Permit 2011-3, making the findings set forth in the Cerritos Planning Commission Resolution No. PC 2010-10 and

3.) approve Precise Plan 85-2(B)(2011) Amendment, making the findings set forth in the Cerritos Planning Commission Resolution No. PC 2010-11. The motion carried unanimously.

PUBLIC WORKS ACTIVITIES

12A. Consideration and award of contract for professional potable water diving services to clean C-2 Reservoir west at 16540 Marquardt Avenue in the City of Cerritos.

Vince Brar, Senior Assistant City Manager, provided a report.

MOTION: It was moved by Mayor Pro Tem Edwards and seconded by Councilmember Pulido to 1) make a finding that the cleaning of the Reservoir West at the Cerritos Corporate Yard is necessary to maintain water quality conditions, 2) make a finding that staff has negotiated fair and reasonable terms for the cleaning of the reservoir, and 3) authorize the City Manager to execute a contract with Liquivision Technology in the amount of $12,020 for the cleaning of the Reservoir West at the Corporate Yard and reject all other proposals. The motion carried unanimously.

NEW AND OLD BUSINESS

13A. Consideration to waive reading of and adopt a RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CERRITOS TO PROMOTE AND IMPROVE THE
COMMUNICATIONS AND RELATIONS BETWEEN THE CITY AND ITS EMPLOYEES
AND REPEALING ALL PREVIOUSLY ADOPTED EMPLOYER-EMPLOYEE RELATIONS
RESOLUTIONS AND AMENDMENTS.

Consideration to waive reading of and adopt a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS PROVIDING FOR CERTAIN ADJUSTMENTS IN THE EMPLOYMENT SYSTEM AND THE PERSONNEL POLICIES, FOR FULL-TIME NON-EXEMPT EMPLOYEES REPRESENTED BY THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME) LOCAL 619, AND REPEALING RESOLUTION NO. 2008-35.

Consideration to waive reading of and adopt a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS PROVIDING FOR CERTAIN ADJUSTMENTS IN THE EMPLOYMENT SYSTEM AND THE PERSONNEL POLICIES, FOR FULL-TIME EXEMPT EMPLOYEES, FULL-TIME CONFIDENTIAL EMPLOYEES, AND ALL PART-TIME TEMPORARY EMPLOYEES, INCLUDING TEMPORARY PART-TIME EMPLOYEES REPRESENTED BY THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICPAL EMPLOYEES (AFSCME) LOCAL 619, AND REPEALING RESOLUTION NO. 2008-36 AND ALL RELATED AMENDMENTS.

Consideration to waive reading of and adopt a RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF CERRITOS.

Consideration to waive reading of and adopt a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS PAYING AND REPORTING TO THE PUBLIC EMPLOYEE’S RETIREMENT SYSTEM THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS.

Consideration to waive reading of and introduce an ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CERRITOS AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF CERRITOS AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM.

Patricia Leyva, Personnel/Risk Manager, provided a staff report and PowerPoint Presentation.

After a series of inquiries related to this item, Councilmember Pulido suggested that this item be deferred for a period of sixty (60) days to continue negotiating with the employee representatives for the 2010-2011 fiscal year.

In response to an inquiry from Councilmember Cho, Special Counsel Charles Goldstein outlined the “impasse” process.

In response to an inquiry from Councilmember Barrows, staff outlined the cost and projections of the City’s PERS contributions.

In response to an inquiry from Mayor Chen, staff acknowledged that the State mandates that each City adopt a balanced budget each year.

Councilmember Cho inquired as to the cost saving that would be realized in the 2010-2011 fiscal year, commented on his interpretation of COLAs, and suggested that the Council continued this item for sixty days.

Linda Sanchez, Congresswoman, noted that she represents the City of Cerritos in her congressional district, requested that the City Council and employee representatives come to the table and negotiate in good faith. She suggested that items such as this be placed earlier on the agenda to provide as many individuals to participate and offered her services in the negotiations process.

Patrick Sundanich, representing Assemblymember Tony Mendoza, encouraged the City’s management team and employee representatives to work together to come to an agreement.

Raymond Cordova encouraged the City Council not to impose the proposed contract as it will damage industrial relations.

Pat Bauer, AFSCME member, expressed concern that the City has not continued to negotiate with the employee representatives.

Adam Acosta, acting Chief Negotiator for AFSCME 619, explained the employee’s position relative to the negotiation process with the City.

Henry Lowe, City employee, expressed his concerns regarding the limitation on part-time worker hours.

Kari Franco, City employee, expressed her concerns regarding the City’s negotiating process and requested that management reopen negotiations with the employee representatives.

Rogan Girard, City employee, commented on the minimal staffing at the Cerritos Center for the Performing Arts and requested that the City return to negotiations with the employee representatives.

Charlie Ara, resident, expressed support the continuance of negotiations between the City and the employee representatives.

Robert “Nick” Melendrez, AFSCME 619 President, expressed his concerns regarding the City’s position regarding the negotiations process.

Gavin Riley, resident, requested that the Council vote against implementation of the City’s last, best, and final offer.

James Yee, resident, expressed his comments regarding the current negotiations process and inquired as to the whether all employees were in support of the bargaining unit’s proposal.

Zeke Marquez, City employee, expressed his concerns relative to the City’s negotiations process.

John Nieto, resident and City employee, noted that he believes that the City and employee representatives are close to negotiating a final agreement and requested the City re-open the negotiations process.

Armin Reyes, resident, requested that the City Council vote against implementation of the City’s last, best, and final offer.

Herb Bryan expressed his concerns regarding the City’s position relative to part-time employees.

Brian Iseri, resident, expressed his support for the City’s employees.

Adrian Ponce, City employee, expressed his support for the service of Council, management and employees and requested that the City re-open negotiations with the employee representatives.

Nikki Noushkam, resident, expressed concerns regarding the lasting impact that implementation of the City’s last, best, and final offer will have on employee-management relations.

Chris Fuentes expressed support for Council to defer action on this item for sixty days.

Arcy Hinojosa, City employee, requested that the Council direct staff to return to negotiations with the employee representatives.

Rick Eiden requested that the City return to negotiations with the employee representatives.

Cheryl Parisi requested that the City return to negotiations with the employee representatives.

Chris Tierheimer commented on the City’s fiduciary responsibility and that the employee representatives may have to make concessions during the current economic climate.

Al Barlevy encouraged the City to return to negotiations with the employee representatives.

Matt Kauble expressed concerns regarding the employee’s tactics towards the collective bargaining process.

Becky Lingad, resident, expressed concerns about the City’s on-going economic situation and requested that the City Council to approve staff’s recommendation on this item.

Alma Griffin, City employee, expressed concerns regarding the policies regarding part-time employees at the Cerritos Center for the Performing Arts.

Charlotte Vera Quarles, resident, requested that the City return to negotiations with the employee representatives.

Joshua Adams deferred his time to Adam Acosta.

Adam Acosta expressed concerns that the City would be opening itself up to a PERB challenge.

Joaquin Carrera, Cudahy, expressed concerns regarding the current negotiations process.

Councilmember Pulido expressed his support for the City and the employee representatives to work together to reach a mutually agreeable contract and suggested a motion that would defer the Council’s decision on this matter for a period of sixty (60) days.

Mayor Chen acknowledged written correspondence received on this matter. Five (5) were in favor of the employee union’s position and ten (10) were in favor of management’s position.

Councilmember Cho suggested that management continue negotiating with the employee representatives for the 2010-2011 and 2011-2012 fiscal year contracts.

Mayor Pro Tem Edwards commented on the concessions made in other City’s by their employee representatives.

Councilmember Barrows expressed his concern regarding the Council’s fiduciary responsibility to the residents.

Mayor Chen acknowledged the difficult decision before the Council and acknowledged the Council’s fiduciary responsibility to the residents.

MOTION: A motion was made by Councilmember Pulido, seconded by Councilmember Cho, to continue this matter for sixty (60) days and direct City management to continue with negotiations with employees in good faith for the remainder of fiscal year 2010-2011 and for fiscal year 2011-2012. The motion did not pass due to the following roll call vote:

AYES: 2 Cho, Pulido
NOES: 3 Barrows, Edwards, Chen
ABSENT: 0 None.
ABSTAIN: 0 None.

MOTION: It was moved by Mayor Pro Tem Edwards and seconded by Councilmember Barrows to

1.) Waive reading of and adopt Resolution No. 2011-7, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CERRITOS TO PROMOTE AND IMPROVE THE
COMMUNICATIONS AND RELATIONS BETWEEN THE CITY AND ITS EMPLOYEES
AND REPEALING ALL PREVIOUSLY ADOPTED EMPLOYER-EMPLOYEE RELATIONS
RESOLUTIONS AND AMENDMENTS

2.) Waive reading of and adopt Resolution No. 2011-8, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS PROVIDING FOR CERTAIN ADJUSTMENTS IN THE EMPLOYMENT SYSTEM AND THE PERSONNEL POLICIES, FOR FULL-TIME NON-EXEMPT EMPLOYEES REPRESENTED BY THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME) LOCAL 619, AND REPEALING RESOLUTION NO. 2008-35;

3.) Waive reading of and adopt Resolution No. 2011-9, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS PROVIDING FOR CERTAIN ADJUSTMENTS IN THE EMPLOYMENT SYSTEM AND THE PERSONNEL POLICIES, FOR FULL-TIME EXEMPT EMPLOYEES, FULL-TIME CONFIDENTIAL EMPLOYEES, AND ALL PART-TIME TEMPORARY EMPLOYEES, INCLUDING TEMPORARY PART-TIME EMPLOYEES REPRESENTED BY THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICPAL EMPLOYEES (AFSCME) LOCAL 619, AND REPEALING RESOLUTION NO. 2008-36 AND ALL RELATED AMENDMENTS.

4.) Waive reading of and adopt Resolution No. 2011-10, A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF CERRITOS.

5.) Waive reading of and adopt Resolution No. 2011-11, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS PAYING AND REPORTING TO THE PUBLIC EMPLOYEE’S RETIREMENT SYSTEM THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS.

6.) Waive reading of and introduce Ordinance No. 960, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CERRITOS AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF CERRITOS AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM.

MOTION: The item was approved pursuant to the following roll call vote:

AYES: 3 Barrows, Edwards, Chen
NOES: 2 Cho, Pulido
ABSENT: 0 None
ABSTAIN: 0 None

MOTION: A motion was made by Councilmember Barrows, seconded by Councilmember Pulido to suspend the report on Agenda Items No. 14 and 15 and move directly to the Closed Session. The motion passed unanimously.

14. REPORT ON PENDING LEGISLATION

15. CITY COUNCIL COMMUNICATIONS/COMMITTEE REPORTS/REPORT ON
MEETINGS

CLOSED SESSION

16A. Personnel matters pursuant to California Government Code Section 54957.6 for Fiscal Year beginning July 1, 2011: Conference with Labor Negotiators

Agency Negotiators: Denise Manoogian, Patricia Leyva, Art Gallucci, and Charles H. Goldstein

Employee Organization: AFSCME, Local 619

City Attorney Mark Steres announced the Closed Session item and the Council recessed to the Council Chamber conference room. After discussion, the City Council reconvened to Open Session.

MOTION: A motion was made by Councilmember Barrows, seconded by Mayor Pro Tem Edwards, to direct staff relative to the fiscal year 2011-2012 labor negotiations process. The motion passed pursuant to the following roll call vote

AYES: 3 Barrows, Edwards, Chen
NOES: 2 Cho, Pulido
ABSENT: 0 None.
ABSTAIN: 0 None.

17. ADJOURNMENT

The meeting adjourned on April 29, 2011 at 2:11 a.m.

 

/s/ Vida Barone_____________
ATTEST: Vida Barone, Interim City Clerk

/s/ Carol Chen_______________
Carol Chen, Mayor

Approved: May 9, 2011

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