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Cerritos City Council Meeting Minutes

MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL AND THE CITY OF CERRITOS,
AS SUCCESSOR AGENCY TO THE CERRITOS
REDEVELOPMENT AGENCY HELD JULY 26, 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

The invocation was provided by Dr. Bill Ebling, First Baptist Church of Fullerton.

3. PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Girl Scout Troop 513.

4. ROLL CALL

The following members of the City Council/Successor Agency were in attendance:

Council/Agency Member Carol Chen
Council/Agency Member Joseph Cho, Ph.D.
Council/Agency Member Mark Pulido
Mayor Pro Tem/Vice Chair Bruce Barrows
Mayor/Chair Jim Edwards

5. PRESENTATIONS

Proclamations were presented to: 2012 City Wide Pride Grand Prize Winners.

6. PUBLIC COMMENTS AND SUGGESTIONS

Ram Kakkar, resident, spoke regarding taxpayer's funds and savings.

John Hansen, resident, spoke regarding billing for damage to a city fire hydrant.

CONSENT CALENDAR

7. Approval of Register of Demands

7A. City of Cerritos dated July 26, 2012 (COUNCIL)

MOTION: It was moved by Pulido and seconded by Chen to approve the Register of Demands dated July 26, 2012 in the total amount of $2,684,228.62. The motion carried unanimously.

7B. Successor Agency dated July 26, 2012 (AGENCY)

MOTION: It was moved by Pulido and seconded by Chen to approve the Register of Demands dated July 26, 2012 in the total amount of $6,050,281.58. The motion carried unanimously.

8. Approval of Minutes

8A. City Council/Successor Agency Special Meeting of July 9, 2012 (COUNCIL/SUCCESSOR AGENCY)

MOTION: It was moved by Pulido and seconded by Chen to approve the City Council/Successor Agency Regular Meeting Minutes of July 9, 2012. The motion carried unanimously.

END OF CONSENT CALENDAR

9. PUBLIC HEARINGS

9A. A request by applicant Perkowitz & Ruth Architects, 111 West Ocean Boulevard, 21st Floor, Long Beach, California, on behalf of the property owners for approval to remodel the existing buildings of The Fountain Plaza shopping center; replace a demolished, fire-damaged two-story building with a new two-story building; refurbish and upgrade the existing fountain, landscaping, and hardscape; and make improvements to vehicular and pedestrian circulation. The subject property is located at 11440-11510 South Street, Cerritos, California, 90703 and is zoned Regional Commercial (CR) (APN 7039-021-050). (COUNCIL)

Precise Plan 76-22(A)(2012) Amendment*

*Pursuant to sections 15301 and 15302 of the California Environmental Quality Act (CEQA), this project is categorically exempt.

A staff report and PowerPoint presentation were provided by Robert Lopez, Current Planning Manager.

Mayor/Chair Edwards opened the public comments and the public hearing.

Jennifer Daw, Perkowitz & Ruth Architects, and Edward Kim, Realty Developers, both representing the property owners, spoke regarding the Fountain Plaza shopping center remodel.

Paul Bellenbaum spoke regarding proposed tenants of this development.

Mayor/Chair Edwards closed public comments and the public hearing.

City Attorney Steres suggested Item Two of the recommendation be taken first, and based upon that motion, then consider the recommendation for Item one.

MOTION FAILS: It was moved by Cho and seconded by Pulido to: Determine, under Cerritos Municipal code Section 22.94.05(c)(2), that the subject new two-story commercial and office building (Building B), except for the additional square footage (10% of the total valuation of Building B), be exempt from the fees for Art in Public Places program. The motion failed with Mayor Pro Tem Barrows, Councilmember Chen and Mayor/Chair Edwards dissenting.

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

1. Approve Precise Plan 76-22(A)(2012) Amendment, making the findings set forth in Planning Commission Resolution No. PC 2012-24, with the conditions of approval; and,

2. Add a new Condition 83 to read as follows: "Full project valuation for Art in Public Places requirement. The applicant/developer shall comply with the Art in Public Places requirements of Cerritos Municipal Code Chapter 22.94 using a project valuation based on the full and total value of the proposed improvements and not on a partial or proportionate value."

The motion carried unanimously.

10. NEW AND OLD BUSINESS

10A. Consideration to waive reading of and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS, CALIFORNIA, APPROVING THE AGREEMENT BETWEEN THE CITY OF CERRITOS AND THE CITY OF LA MIRADA, CALIFORNIA, REGARDING THE EXCHANGE OF COMMUNITY DEVELOPMENT BROCK GRANT (CDBG) FUNDS FOR GENERAL FUNDS FOR THE FISCAL YEAR 2012-2013. (COUNCIL)

A staff report was provided by Eduardo Vega, Associate Planner.

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

1. Authorize the City Manager to execute all documents necessary to complete the exchange of the City of Cerritos' FY 2012-2013 CDBG Fund allocation with the City of La Mirada for not less than 0.71ยข on the dollar in General Fund monies; and,

2. Waive reading of and adopt Resolution No. 2012-18 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS, CALIFORNIA, APPROVING THE AGREEMENT BETWEEN THE CITY OF CERRITOS AND THE CITY OF LA MIRADA, CALIFORNIA, REGARDING THE EXCHANGE OF COMMUNITY DEVELOPMENT BROCK GRANT (CDBG) FUNDS FOR GENERAL FUNDS FOR THE FISCAL YEAR 2012-2013. The motion carried unanimously.

10B. Consideration and award of a design services contract for the construction of a Cerritos Library teen area, 18025 Bloomfield Avenue, Cerritos (APN 7025-028-907). (COUNCIL)

A staff report was given by Kanna Vancheswaran, Assistant City Engineer.

MOTION: It was moved by Chen and seconded by Pulido to: Award a design services contract to CWA AIA, Inc. in the amount of $31,250 for the construction of a teen area in the Cerritos Library. The motion carried unanimously.

10C. Review and consideration of discounted green fees on Veteran's Day at the Cerritos Iron-Wood Nine golf course. (COUNCIL)

A staff report was given by Sherré Titus, Recreation Services Superintendent.

MOTION: It was moved by Barrows and seconded by Pulido to approve the Parks and Recreation Commission's recommendation to offer a fifty percent discount on green fees for all military veterans on Veteran's Day, beginning November 11, 2012. The motion carried unanimously.

11. Legislative Items

11A. Report on Pending Legislation

11B. Action to support or oppose specific legislation pending in the California Legislature or pending in the California Governor's Office for signature.

At this juncture Councilmember Pulido recused himself due to a conflict of interest, and left the dais and chamber.

1. Review and consideration of pending legislation and taking action regarding same if appropriate – Senate Bill 1387 (Emmerson): Proposed legislation to prohibit a junk dealer or recycler from possessing manhole covers, backflow devices and fire hydrants without written certification from the owner of the material. (COUNCIL)

A staff report was given by Kathy Matsumoto, Assistant City Manager.

MOTION: It was moved by Barrows and seconded by Chen to waive reading of and adopt Resolution No. 2012-19 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS IN SUPPORT OF SENATE BILL 1387 (EMMERSON): PROPOSED LEGISLATION TO PROHIBIT A JUNK DEALER OR RECYCLER FROM POSSESSING MANHOLE COVERS, BACKFLOW DEVICES AND FIRE HYDRANTS WITHOUT WRITTEN CERTIFICATION FROM THE OWNER OF THE MATERIAL. The motion carried unanimously with Councilmember Pulido absent.

MOTION: It was moved by Barrows and seconded by Edwards for the city to send a letter to the State Department of Parks and Recreation in support of the City of Whittier and other cities seeking reimbursement for city funds spent to keep state parks open; and to convey said support with copies to Congresswoman Linda Sanchez, Senator Ron Calderon, Assembly Majority Leader Charles Calderon, Assemblyman Curt Hagman, Assemblyman Tony Mendoza, State Controller John Chiang, Department of Finance Director Ana J. Matosantos and President Carolyn Schoff Friends of Pio Pico, Inc. The motion carried with Councilmember Pulido absent.

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

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

13. CLOSED SESSION

CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION pursuant to Government Code Section 54956.9(c).

Number of potential cases: One (1)

Mayor/Chair Edwards reconvened the meeting to Open Session with four(4) Councilmember's present. The City Attorney stated that the following action in Closed Session in regards to Agenda Item No. 13.

MOTION: It was moved by Barrows and seconded by Cho for the City Council/Successor Agency to approve the participation of Cerritos, with a number of other cities and agencies, in the initiation of a legal challenge of certain provisions of the recently adopted AB 1484. The motion carried with Councilmember Pulido absent.

14. ADJOURNMENT

The meeting adjourned at 9:38 p.m.

ATTEST:
/s/Brenda Cabrera_______
Brenda Cabrera, Assistant City Clerk

/s/Jim Edwards_________
Jim Edwards, Mayor/Chair

/s/Art Gallucci_________
Art Gallucci, Successor Agency Secretary

Approved: August 9, 2012

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