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Cerritos City Council Meeting Minutes

MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CERRITOS
HELD JUNE 9, 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

Mr. Mayur Shah, Rama Krishna Center, provided the invocation.

3. PLEDGE OF ALLEGIANCE

Boy Scout Troop 72 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 members of the Parks and Recreation Commission (Great Outdoors Month/July 2011 – Parks and Recreation Month) and to Kyu Hawn Lee (Eagle Scout Designation).

6. PUBLIC COMMENTS AND SUGGESTIONS

Chris Foster spoke regarding the Special Olympics Swim Season and the City of Cerritos Adaptive Swim Program.

Jonathan Zhou spoke regarding the Cerritos Swim Center hours.

CONSENSUS: (Chen) Directed staff to refer Mr. Zhou’s matter to the Park and Recreation Commission for their consideration.

Ron Jung spoke regarding awareness of Leukemia and Lymphoma prevention.

CONSENT CALENDAR

7A. Approval of Register of Demands

MOTION: It was moved by Councilmember Barrows and seconded by Mayor Pro Tem Edwards to approve the Register of Demands dated June 9, 2011, Checks 125507 through 125930 in the total amount of $14,316,494.36. The motion carried unanimously.

8A. Approval of Minutes

MOTION: It was moved by Councilmember Barrows and seconded by Mayor Pro Tem Edwards to approve the Minutes of the Regular Meeting of May 26, 2011.

9. Treasurer’s Report for the period ending April 30, 2011

MOTION: It was moved by Councilmember Barrows and seconded by Mayor Pro Tem Edwards to approve the Treasurer’s Report for the period ending April 30, 2011. The motion carried unanimously.

PUBLIC HEARINGS

10A. Consideration to waive reading of and introduce AN ORDINANCE OF THE CITY OF CERRITOS ADOPTING BY REFERENCE THE LOS ANGELES COUNTY RESIDENTIAL CODE AND AMENDING TITLE 15, BUILDINGS AND CONSTRUCTION, OF THE CERRITOS MUNICIPAL CODE IN ACCORDANCE WITH THIS ADOPTION

DEVELOPMENT CODE AMENDMENT 2011-3*

Consideration to waive reading of and adopt A RESOLUTION OF THE CERRITOS CITY COUNCIL ADOPTING BY REFERENCE THE 2011 LOS ANGELES COUNTY BUILDING, RESIDENTIAL, ELECTRICAL, MECHANICAL, PLUMBING, AND FIRE CODES FOR THE CITY OF CERRITOS AS AMENDED.

A report was presented by Kristin Aguila, Planning Assistant.

Mayor Chen opened the public hearing and public comments. Noting there was no individual who chose to provide comments, the Mayor closed public comments and the public hearing.

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

1.) Approve Development Code Amendment 2011-3, making the findings set forth in the Cerritos Planning Commission Resolution No. PC 2011-16; and

2.) Waive reading of and introduce Ordinance No. 961, AN ORDINANCE OF THE CITY OF CERRITOS ADOPTING BY REFERENCE THE LOS ANGELES COUNTY RESIDENTIAL CODE AND AMENDING TITLE 15, BUILDINGS AND CONSTRUCTION, OF THE CERRITOS MUNICIPAL CODE IN ACCORDANCE WITH THIS ADOPTION; and

3.) Waive reading of and adopt Resolution No. 2011-12, A RESOLUTION OF THE CERRITOS CITY COUNCIL ADOPTING BY REFERENCE THE 2011 LOS ANGELES COUNTY BUILDING, RESIDENTIAL, ELECTRICAL, MECHANICAL, PLUMBING, AND FIRE CODES FOR THE CITY OF CERRITOS AS AMENDED.

The motion carried unanimously.

10B. Consideration of a development proposal by Macerich Cerritos, LLC, 401 Wilshire Boulevard, Suite 700, Santa Monica, California, 90401 to construct a new restaurant building for Stacked Restaurant at 18425 Gridley Road, Cerritos, California, 90703. The subject property is zoned Regional Commercial (CR) and is located in the Los Cerritos Redevelopment Project Area (APN 7038-014-015).

PRECISE PLAN 2011-4*
CERRITOS REDEVELOPMENT AGENCY CONFORMITY REPORT 2011-3

Mayor Chen recused herself from the discussion and deliberation on this item, noting that she owns property within a five hundred (500) foot radius of the subject property, and left the dais and Council Chamber.

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

Mayor Pro Tem Edwards opened the public hearing and public comments.

Jerry Hennessey, applicant, responded to inquiries from the Council regarding the proposed development.

Paul Bellenbaum, resident, inquired as to the type of services provided at the restaurant.

Mayor Pro Tem Edwards closed public comments and the public hearing.

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

1.) Receive and file Agency Conformity Report 2011-3; and

2.) Approve Precise Plan 2011-4, making the findings set forth in the Cerritos Planning Commission Resolution No. PC 2011-15

The motion carried with the following roll call vote:

AYES: Barrows, Cho, Pulido Edwards
NOES: None
ABSENT (RECUSED): Chen
ABSTAIN: None

PUBLIC WORKS ACTIVITIES

11A. Final approval of Parcel Map 71321, a subdivision of one (1) existing single-family residential parcel into two (2) single-family residential parcels. The subject property is located at 19412 Ely Avenue, Cerritos, California, 90703, is zoned Single-Family residential (rs-6500), and is located in the Los Coyotes Redevelopment Area (APN 7054-013-004).

Mayor Chen recused herself from the discussion and deliberation on this item, noting that she had participated in an earlier transaction related to the subject property, and left the dais and Council Chamber.

A report was provided by Hal Arbogast, Director of Public Works.

MOTION: It was moved by Councilmember Barrows and seconded by Councilmember Pulido to accept, file, and authorize recordation of Parcel Map No. 71321, subject to the final approval of the City Engineer

The motion carried pursuant to the following roll call vote:

AYES: Barrows, Cho, Pulido Edwards
NOES: None
ABSENT (RECUSED): Chen
ABSTAIN: None

12. NEW AND OLD BUSINESS

12A. Consideration to waive reading of and adopt A RESOLUTION OF THE CERRITOS CITY COUNCIL, DIRECTING STAFF TO INITIATE AN APPEAL OF THE RESULTS OF THE 2010 UNITED STATES CENSUS COUNT FOR THE CITY OF CERRITOS.

A report was provided by Metre Anthony, Redevelopment/Economic Development Administrator.

MOTION: It was moved by Councilmember Barrows and seconded by Mayor Pro Tem Edwards to waive reading of and adopt Resolution No. 2011-13, A RESOLUTION OF THE CERRITOS CITY COUNCIL, DIRECTING STAFF TO INITIATE AN APPEAL OF THE RESULTS OF THE 2010 UNITED STATES CENSUS COUNT FOR THE CITY OF CERRITOS. The motion passed unanimously.

12B. Consideration and review of an agreement for services between the City of Cerritos and the Law Offices of Dapeer, Rosenblit and Litvak, LLP, for the period of July 1, 2011 through June 30, 2014.

A report was provided by Emely Merina, Community Services Supervisor.

Ram Kakkar spoke regarding the terms of the agreement for services.

Levi Javier spoke regarding the process for evaluating professional services agreements approved by the City.

MOTION: It was moved by Councilmember Barrows and seconded by Mayor Pro Tem Edwards to approve the agreement for services including the cost adjustments as proposed by Dapeer, Rosenblit and Litvak, LLP and authorize the City Manager to sign the contract between the City of Cerritos and Dapeer, Rosenblit, and Litvak, LLP for legal services to assist with code enforcement and community development activity.

The motion carried pursuant to the following roll call vote:

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

12C. Consideration of Statement of Operational Relationship between the American Red Cross Greater Long Beach Chapter and the City of Cerritos.

A report was provided by Emely Merina, Community Services Supervisor.

MOTION: It was moved by Mayor Pro Tem Edwards and seconded by Councilmember Pulido to approve the Statement of Operational Relationship between the American Red Cross Greater Long Beach Chapter and the City of Cerritos and authorize the City Manager to sign the appropriate document on behalf of the City of Cerritos. The motion passed unanimously.

12D. Review and consideration of support or oppose positions on specific pending legislation that may impact local government (AB 46, AB 400, AB 438, SB 469, AB 506, AB 646, AB 1087 AND AB 1220).

Councilmember Pulido recused himself from the discussion and deliberation on this item, noting that he is an employee of the California State Legislature. He left the dais and Council Chamber.

A report was provided by Assistant City Manager Kathy Matsumoto. She noted the City’s recommended position on the following pieces of legislation: AB 46 (oppose), AB 400 (oppose), AB 438 (oppose), SB 469 (oppose), AB 506 (oppose), AB 646 (oppose), AB 1087 (oppose), and AB 1220 (oppose).

MOTION: It was moved by Councilmember Barrows and seconded by Mayor Pro Tem Edwards to waive reading and adopt Resolution No. 2011-14, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS IN OPPOSITION TO AB 46 (J. PEREZ) PROPOSED LEGISLATION TO DISINCORPORATE CITIES WITH A POPULATION LESS THAN 150 PEOPLE. The motion carried pursuant to the following roll call vote:

AYES: Barrows, Edwards, Chen
NOES: Cho
ABSENT (RECUSED): Pulido
ABSTAIN: None

MOTION: It was moved by Councilmember Barrows and seconded by Mayor Pro Tem Edwards to waive reading and adopt Resolution No. 2011-15, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS IN OPPOSITION TO AB 400 (MA) REQUIRING PUBLIC EMPLOYERS TO PROVIDE PAID SICK DAYS TO PART TIME EMPLOYEES. The motion carried pursuant to the following roll call vote:

AYES: Barrows, Edwards, Chen
NOES: Cho
ABSENT (RECUSED): Pulido
ABSTAIN: None

MOTION: It was moved by Councilmember Barrows and seconded by Mayor Pro Tem Edwards to waive reading and adopt Resolution No. 2011-16, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS IN OPPOSITION TO AB 438 (WILLIAMS) REQUIRING THE BOARD OF TRUSTEES, COMMON COUNCIL, OR OTHER LEGISLATIVE BODY OF A CITY OR A BOARD OF TRUSTEES OF A LIBRARY DISTRICT TO NOTIFY THE COUNTY BOARD OF SUPERVISORS THAT IT NO LONGER DESIRES TO BE PART OF THE COUNTY FREE LIBRARY SYSTEM. The motion carried pursuant to the following roll call vote:

AYES: Barrows, Cho, Edwards, Chen
NOES: None
ABSENT (RECUSED): Pulido
ABSTAIN: None

MOTION: It was moved by Councilmember Barrows and seconded by Councilmember Edwards to waive reading and adopt Resolution No. 2011-17, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS IN OPPOSITION TO SB 469 (VARGAS) REQUIRING A CITY OR COUNTY, PRIOR TO APPROVING OR DISAPPROVING A DEVELOPMENT PROJECT THAT WOULD PERMIT THE CONSTRUCTION OF A SUPERSTORE RETAILER, TO PREPARE AN ECONOMIC IMPACT REPORT THAT INCLUDES AN ASSESSMENT OF THE EFFECT THAT THE FACILITY WILL HAVE ON RETAIL OPERATIONS AND EMPLOYMENT IN THE MARKET AREA. The motion carried pursuant to the following roll call vote:

AYES: Barrows, Edwards, Chen
NOES: Cho
ABSENT (RECUSED): Pulido
ABSTAIN: None

MOTION: It was moved by Councilmember Barrows and seconded by Mayor Chen to waive reading and adopt Resolution No. 2011-18, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS IN OPPOSITION TO AB 506 (WIECKOWSKI) AMENDING EXISTING LAW AUTHORIZING A TAXING AGENCY OR INSTRUMENTALITY OF THE STATE TO FILE A PETITION AND PROSECUTE TO COMPLETION BANKRUPTCY PROCEEDINGS PERMITTED UNDER THE LAWS OF THE UNITED STATES. The motion carried pursuant to the following roll call vote:

AYES: Barrows, Cho, Edwards, Chen
NOES: None
ABSENT (RECUSED): Pulido
ABSTAIN: None

MOTION: It was moved by Councilmember Barrows and seconded by Mayor Chen to waive reading and adopt Resolution No. 2011-19, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS IN OPPOSITION TO AB 646 (ATKINS) AMENDING PROVISIONS THAT GOVERN COLLECTIVE BARGAINING OF LOCAL REPRESENTED EMPLOYEES AND DELEGATE JURISDICTION TO THE PUBLIC EMPLOYEE RELATIONS BOARD TO RESOLVE DISPUTES AND ENFORCE THE DUTIES AND RIGHTS OF LOCAL PUBLIC AGENCY EMPLOYERS AND EMPLOYEES.

The motion carried pursuant to the following roll call vote:

AYES: Barrows, Edwards, Chen
NOES: Cho
ABSENT (RECUSED): Pulido
ABSTAIN: None

MOTION: It was moved by Councilmember Barrows and seconded by Mayor Pro Tem Edwards to waive reading and adopt Resolution No. 2011-20, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS IN OPPOSITION TO AB 20 (BROWNLEY) AMENDING EXISTING LAW THAT REQUIRES A COUNTY THAT PROVIDES SERVICES TO ANY CITY PURSUANT TO A CONTRACT OR LAW, TO CHARGE THE CITY ALL THE COSTS THAT ARE INCURRED IN PROVIDING THOSE SERVICES. The motion carried pursuant to the following roll call vote:

AYES: Barrows, Cho, Edwards, Chen
NOES: None
ABSENT (RECUSED): Pulido
ABSTAIN: None

MOTION: It was moved by Councilmember Barrows and seconded by Mayor Chen to waive reading and adopt Resolution No. 2011-21, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS IN OPPOSITION TO AB 1220 (ALEJO) RELATING TO ACTIONS OR PROCEEDINGS AGAINST LOCAL ZONING AND PLANNING DECISIONS OF A LEGISLATIVE BODY TO ENCOURAGE OR FACILITATE THE DEVELOPMENT OF AFFORDABLE HOUSING. AUTHORIZES A CERTAIN NOTICE TO BE FILED ANY TIME WITHIN A SPECIFIED NUMBER OF YEARS AFTER A SPECIFIED ACTION PURSUANT TO EXISTING LAW. The motion carried pursuant to the following roll call vote:

AYES: Barrows, Edwards, Chen
NOES: None
ABSENT (RECUSED): Pulido
ABSTAIN: Cho

13. REPORT ON PENDING LEGISLATION – None.

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

CONSENSUS (Barrows): Direct staff to conduct an analysis and if warranted, prepare a letter for the Mayor’s signature asking the Governor not to delay bond sales related to funding for transportation projects.

CONSENSUS (Pulido): Direct staff to provide information related to the City’s competitive bidding procedures in regards to legal services and provide Council with a list of existing legal firm names that do business with the City, their areas of legal services, contract terms, hourly rates, and budgeted amounts.

CONSENSUS (Pulido): Direct staff to research the feasibility of initiating a competitive bidding process for legal services when existing firms are renewing or requesting amendments to rates.

15. ADJOURNMENT

The meeting adjourned at 9:50 p.m. in memory of former Mayors James Reddick and James Pearce, Frank Garcia, Jr. (member of the Cerritos Veterans of Foreign Wars organization), and Jaswan Brar (mother of Senior Assistant City Manager Vince Brar).

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

/s/Carol Chen______
Carol Chen, Mayor

Approved: June 23, 2011

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