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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 12, 2012

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

President Dell Jensen, with the Church of Jesus Christ of Latter Day Saints. provided the invocation.

3. PLEDGE OF ALLEGIANCE

Girl Scout Troop 4113 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 were presented to: ABC Unified School District and the Cerritos Regional Chamber of Commerce to commend them for co-sponsoring the 2011 Student Government Day Program.

In honor of their participation in the 2011 Student Government Day Program: David Alaniz (Artesia High School), Katheryn Lee (Cerritos High School), Xavier Buck (Gahr High School), Brandon Sutherland (Tracy High School) and Raymond Ku (Whitney High School).

6. PUBLIC COMMENTS AND SUGGESTIONS

Ram Kakkar, resident, spoke regarding the planting of trees in Cerritos.

CONSENT CALENDAR

7A. Approval of Register of Demands

MOTION: It was moved by Councilmember Pulido, and seconded by Councilmember Barrows to approve the Register of Demands dated January 12, 2012, Checks 130124 through 131017, in the total amount of $20,368,340.00. The motion carried unanimously.

8. Approval of Treasurer’s Report for the period ending November 30, 2011.

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

9A. Approval of Minutes

MOTION: It was moved by Councilmember Pulido, and seconded by Councilmember Barrows to approve the Minutes of the Regular Meeting of December 08, 2011. The motion carried unanimously.

10A. Resolutions for consideration and adoption. Reading of resolutions waived and resolutions adopted.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS PROVIDING FOR CERTAIN ADJUSTMENTS IN THE EMPLOYMENT SYSTEM AND THE PERSONNEL POLICIES, FOR ALL PART-TIME TEMPORARY EMPLOYEES, INCLUDING TEMPORARY PART-TIME EMPLOYEES REPRESENTED BY THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME) LOCAL 619, AND REPEALING RESOLUTION NO. 2011-09 AND ALL RELATED AMENDMENTS.

This item was pulled for separate consideration by Councilmember Barrows.

A report was provided by Patricia Leyva, Personnel/Risk Manager.

MOTION: It was moved by Councilmember Pulido, and seconded by Mayor Chen to waive reading of and adopt Resolution No. 2012-01 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS PROVIDING FOR CERTAIN ADJUSTMENTS IN THE EMPLOYMENT SYSTEM AND THE PERSONNEL POLICIES, FOR ALL PART-TIME EMPLOYEES INCLUDING TEMPORARY PART-TIME EMPLOYEES REPRESENTED BY THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME) LOCAL 619, AND REPEALING RESOLUTION NO. 2011-09 AND ALL RELATED AMENDMENTS.

The motion carried unanimously.

10B. Consideration to waive reading of and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS MAKING A DECLARATION UNDER CALIFORNIA HEALTH AND SAFETY CODE SECTION 33354.8 THAT, DURING THE PERIOD FROM JANUARY 1, 2010, TO DECEMBER 31, 2011, THE CITY HAS NOT FORGIVEN THE REPAYMENT, WHOLLY OR PARTIALLY, OF ANY LOAN, ADVANCE, OR INDEBTEDNESS OWED TO THE CITY BY THE CERRITOS REDEVELOPMENT AGENCY.

Consideration to waive reading of and adopt A RESOLUTION OF THE CERRITOS REDEVELOPMENT AGENCY MAKING A DECLARATION UNDER CALIFORNIA HEALTH AND SAFETY CODE SECTION 33354.8 THAT, DURING THE PERIOD FROM JANUARY 1, 2010, TO DECEMBER 31, 2011, THE AGENCY HAS NOT FORGIVEN THE REPAYMENT, WHOLLY OR PARTIALLY, OF ANY LOAN, ADVANCE, OR INDEBTEDNESS OWED TO THE AGENCY BY A PUBLIC BODY.

MOTION: It was moved by Councilmember Pulido, and seconded by Councilmember Barrows to waive reading of and adopt Resolution No. 2012-02 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS MAKING A DECLARATION UNDER CALIFORNIA HEALTH AND SAFETY CODE SECTION 33354.8 THAT, DURING THE PERIOD FROM JANUARY 1, 2010, TO DECEMBER 31, 2011, THE CITY HAS NOT FORGIVEN THE REPAYMENT, WHOLLY OR PARTIALLY, OF ANY LOAN, ADVANCE, OR INDEBTEDNESS OWED TO THE CITY BY THE CERRITOS REDEVELOPMENT AGENCY.

The motion carried unanimously.

END OF CONSENT CALENDAR

PUBLIC HEARINGS

11A. A request by applicant Jie Jiang of Njoy Spa for the approval of a Conditional Use Permit to operate a massage establishment that will offer chair massage services only. The subject property is located in a center aisle common area at 9012 Los Cerritos Mall, Cerritos, California, 90703, is zoned Regional-Commercial (CR), and is located in the Los Cerritos Redevelopment Project Area (APN 7038-014-022).

Redevelopment Agency Conformity Report 2012-2
Conditional Use Permit 2011-7*

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

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

The Mayor opened the public hearing and public testimony.

Jie Jiang, applicant, spoke in support of the approval for this item.

The Mayor closed public hearing and the public testimony.

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

A.) Receive and file Agency Conformity Report 2012-2.

B.) Approve Conditional Use Permit 2011-7, making the findings set forth in the Cerritos Planning Commission Resolution No. PC 2011-37.

The motion carried unanimously.

11B. A request by applicant Avanti Business Center, LLC, 100 North Citrus Street, Suite 508, West Covina, California, 91791, for approval of a tree disposition and replacement plan for the Avanti Business Center located at 17215 and 17315 Studebaker Road, Cerritos, California, 90703. The subject property is zoned Industrial/Commercial (MC) and is located in the Los Cerritos Redevelopment Area (APN 7034-002-001).

Redevelopment Agency Conformity Report 2012-1
Precise Plan 80-17(B)(2011) Amendment*

*Pursuant to Section 15304 of the California Environmental Quality Act (CEQA), this project is categorically exempt.

A report was provided by Robert A. Lopez, Current Planning Manager. A PowerPoint Presentation was displayed.

The Mayor opened the public hearing and public testimony.

Magi Martinez, representing the property owner, spoke regarding the tree disposition plan which was provided as part of the application.

The Mayor closed the public hearing and public testimony.

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

A.) Receive and file Agency Conformity Report 2012-1.

B.) Approve Precise Plan 80-17(B)(2011) Amendment, making the findings set forth in the Cerritos Planning Commission Resolution No. PC 2011-38, including the inclusion of Condition of Approval No. 60 which will read as follows:

60. Security Against Future Illegal Trimming. The applicant shall post forfeiture security in the form approved by the City Attorney and in the amount determined by the Department of Community Development, which security shall be in good form and effect for five (5) years. The security shall be to ensure that the trees are maintained, maintained in good condition, and trimmed pursuant to the City's regulations. The security shall be forfeited by the applicant upon determination of the City of a violation of tree removal, maintenance, or trimming regulation requirements. The security shall be subject to renewal for additional five-year terms, on an ongoing basis, subject to review by the City.

The motion carried unanimously.

Councilmember Barrows was officially excused for the remainder of the meeting. He left the dais and the Council Chamber.

PUBLIC WORKS ACTIVITIES

12A. Consideration to waive reading of and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS AUTHORIZING STAFF TO BYPASS THE FORMAL BIDDING PROCESS WITH EXPEDITED STREET REPAIR CONTRACTS IN SITUATIONS OF URGENT NECESSITY FOR THE PRESERVATION OF LIFE, HEALTH OR PROPERTY.

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

MOTION: It was moved by Councilmember Pulido and seconded by Mayor Pro Tem Edwards to waive further reading and adopt Resolution No. 2012-06 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS AUTHORIZING STAFF TO BYPASS THE FORMAL BIDDING PROCESS WITH EXPEDITED STREET REPAIR CONTRACTS IN SITUATIONS OF URGENT NECESSITY FOR THE PRESERVATION OF LIFE, HEALTH OR PROPERTY.

The motion carried with Councilmember Barrows absent.

NEW AND OLD BUSINESS

13A. Consideration to waive reading of and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY WOULD BE SERVED BY THE SUBSTITUTION OF AN EXISTING, PREVIOUSLY APPROVED OFF-SALE BEER AND WINE LICENSE WITH AN ADDITIONAL SALE OF DISTILLED SPIRITS FOR A RETAIL SALES FACILITY, TARGET STORES #1305, LOCATED AT 11525 SOUTH STREET, CERRITOS, CALIFORNIA, 90703 (APN 7039-020-017).

A report was provided by Robert A. Lopez, Current Planning Manager.

Beth Aboulafia, representing the applicant, spoke in support of the revised license.

Kenneth Cha, resident, spoke in opposition of the approval of the revised license and inquired as to whether an impact analysis was conducted.

Ram Kakkar, resident, addressed his concerns regarding additional alcohol sales in the community.

Beth Aboulafia, representing the applicant, spoke regarding the applicant’s employee training program regarding responsible alcohol sales and the applicant’s community notification programs.

MOTION: It was moved by Councilmember Pulido and seconded by Mayor Chen to:

1.) Waive reading of and adopt Resolution No. 2012-03 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY WOULD BE SERVED BY THE SUBSTITUTION OF AN EXISTING, PREVIOUSLY APPROVED OFF-SALE BEER AND WINE LICENSE WITH AN ADDITIONAL SALE OF DISTILLED SPIRITS FOR A RETAIL SALES FACILITY, TARGET STORES #1305, LOCATED AT 11525 SOUTH STREET, CERRITOS, CALIFORNIA, 90703 (APN 7039-020-017).

2.) Authorize the City Clerk to sign a letter transmitting a copy of the resolution to the State of California Department of Alcoholic Beverage Control.

The motion carried with Councilmember Barrows absent.

13B. Consideration to waive reading of and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS DETERMINING THAT THE CITY OF CERRITOS SHALL RETAIN THE HOUSING ASSETS AND FUNCTIONS OF THE DISSOLVED CERRITOS REDEVELOPMENT AGENCY PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 34176.

A staff report was provided by Torrey Contreras, Director of Community Development.

MOTION: It was moved by Councilmember Cho and seconded by Councilmember Pulido to waive reading of and adopt Resolution No. 2012-04 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS DETERMINING THAT THE CITY OF CERRITOS SHALL RETAIN THE HOUSING ASSETS AND FUNCTIONS OF THE DISSOLVED CERRITOS REDEVELOPMENT AGENCY PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 34176.

The motion carried with Councilmember Barrows absent.

13C. Review and consideration of a determination of whether the City of Cerritos elects to and shall, or declines to and shall not, serve as the successor agency to the dissolved Cerritos Redevelopment Agency pursuant to California Health and Safety Code Section 34173.

Consideration to waive reading of and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS DETERMINING THAT THE CITY OF CERRITOS ELECTS TO, AND SHALL, SERVE AS THE SUCCESSOR AGENCY TO THE DISSOLVED CERRITOS REDEVELOPMENT AGENCY PURUSANT TO CALIFORNIA HEALTH AND SAFETY CODE 34713.

Consideration to waive reading of and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS DETERMINING THAT THE CITY OF CERRITOS DECLINE TO, AND SHALL NOT, SERVE AS THE SUCCESSOR AGENCY TO THE DISSOLVED CERRITOS REDEVELOPMENT AGENCY PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 34173.

A report was provided by Torrey Contreras, Director of Community Development.

Ram Kakkar, resident, spoke in opposition to the City incurring costs by serving as the successor agency to the Redevelopment Agency.

Paul Bellenbaum, resident, spoke in support of the City continuing service with or without Redevelopment funds.

MOTION: It was moved by Mayor Pro Tem Edwards and seconded by Councilmember Pulido to waive reading of and adopt Resolution No. 2012-5 a resolution that determines that the City of Cerritos will serve as the successor agency to the dissolved Cerritos Redevelopment Agency and is entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS DETERMINING THAT THE CITY OF CERRITOS ELECTS TO, AND SHALL, SERVE AS THE SUCCESSOR AGENCY TO THE DISSOLVED CERRITOS REDEVELOPMENT AGENCY PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE 34713.

The motion carried with Councilmember Barrows absent.

14. Report on Pending Legislation

A report was provided by Art Gallucci, City Manager, regarding the updates and litigation matters relative to the status of Redevelopment Agencies in the State of California.

An update regarding the introduction of SB 659 was provided by Kathy Matsumoto, Assistant City Manager.

15. City Council Communications/Committee Reports/Report on Meetings.

Reports and updates were provided by Councilmembers Cho and Pulido, Mayor Pro Tem Edwards and Mayor Chen.

16. ADJOURNMENT

The meeting adjourned at 8:56 p.m.

 

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

 

/s/Carol K. Chen_____
Carol K. Chen, Mayor

Approved: January 26, 2012

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