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Cerritos City Council Meeting Minutes

MINUTES OF A REGULAR MEETING OF THE CERRITOS CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE CERRITOS REDEVELOPMENT AGENCY HELD ON APRIL 25, 2013

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. Delwin McCarthy, with the Church of Jesus Christ of Latter Day Saints.

3. PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Boy Scout Troop 670.

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 George Ray
Mayor Pro Tem/Vice Chair Mark E. Pulido
Mayor/Chair Bruce Barrows

5. PRESENTATIONS

Proclamations were presented as follows:

California Educational Centers, Inc. (Business Spotlight)

Donna and Richard Simpson (50th Wedding Anniversary)

The Oath of Office was administered to Beverly Porter of the Let Freedom Ring Committee.

6. PUBLIC COMMENTS AND SUGGESTIONS

Gloria Pulido, resident, expressed concerns with the Council's vote to not reappoint Frank Yokoyama to the Planning Commission.

Ester Pulido, resident, expressed concerns with the Council's vote to not reappoint Frank Yokoyama to the Planning Commission.

Pete Benzon, resident, expressed concerns with the Council's vote to not reappoint Frank Yokoyama to the Planning Commission.

Carmelita Lampino, resident, expressed concerns with the Council's vote to not reappoint Frank Yokoyama to the Planning Commission.

Christina Pajo, resident, expressed concerns with the Council's vote to not reappoint Frank Yokoyama to the Planning Commission.

Jilliane Cristobal, resident, representing Cerritos Youth Coalition, expressed concerns with the Council's vote to not reappoint Frank Yokoyama to the Planning Commission.

Marissa Rebaya, Lakewood resident, expressed concerns with the Council's vote to not reappoint Frank Yokoyama to the Planning Commission.

Arturo Garcia, Los Angeles resident, expressed concerns with the Council's vote to not reappoint Frank Yokoyama to the Planning Commission.

Tatiana Yokoyama, resident, expressed concerns with the Council's vote to not reappoint Frank Yokoyama to the Planning Commission.

Dan Nino, expressed concerns with the Council's vote to not reappoint Frank Yokoyama to the Planning Commission.

Ram Kakkar, resident, requested induction looping in various City facilities to assist the hearing impaired.

CONSENSUS (Barrows): Directed staff to provide Council with a status update regarding induction looping in various City facilities.

Byron Costa, expressed concerns regarding homelessness in Cerritos and in the region.

Marina Flores, El Monte resident, representing "Our Place Housing Solutions," spoke regarding the recent homeless count. A Power Point presentation was displayed and documents related to Gateway Connections and the Cerritos/Artesia Counts Vulnerability Report Fact Sheet, dated January 2013, were submitted for the record.

Paul Bellenbaum, made inquiries regarding election qualifications and various matters in Cerritos.

Robert Hyun, resident, expressed concerns with the Council's vote to not reappoint Frank Yokoyama to the Planning Commission.

Mario Beltran, representing State Senator Ron Calderon, spoke regarding legislation and requested nominations for Senior of the Year for the City of Cerritos. Applications for Senior of the Year were submitted for the record.

Mayor Barrows read into the record an email submitted by resident, Janet T. Yarbrough, related to the vote not to reaffirm Frank Yokoyama's appointment to the Planning Commission.

For the record, Council Member Chen submitted a Stipulation Regarding Facts from the State Bar of California document, dated January 8, 2013, related to her vote not to reaffirm Frank Yokoyama's appointment to the Planning Commission.

CONSENT CALENDAR

7. Approval of Register of Demands

7A. City of Cerritos dated April 25, 2013 (COUNCIL)

MOTION: It was moved by Chen and seconded by Ray to approve the Register of Demands dated April 25, 2013 in the total amount of $4,081,620.83. The motion carried (5 – 0) as follows:

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

8. Approval of Minutes

8A. City Council/Successor Agency Regular Meeting of April 11, 2013. (COUNCIL/SUCCESSOR AGENCY)

MOTION: It was moved by Chen and seconded by Cho to approve the City Council/Successor Agency Regular Meeting Minutes of April 11, 2013. The motion carried (4 – 0, 1 abstention) as follows:

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

9. Miscellaneous

9A. Consideration and award of Bid No. 1157-13, printing of the Cerritos Center for the Performing Arts 2013-2014 season brochure. (COUNCIL)

MOTION: It was moved by Chen and seconded by Ray to award Bid No. 1157-13 to Advantage Mailing, Inc. for the printing of the Cerritos Center for the Performing Arts 2013-2014 Season Brochure in the amount of $102,084.41. The motion carried (5 – 0) as follows:

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

END OF CONSENT CALENDAR

10. PUBLIC HEARINGS

10A. A proposal by property owner A & B Service Station, Inc., to remodel the existing service station mechanic bay building located at 12157 Artesia Boulevard, Cerritos, California, 90703 and to convert the existing automobile service station use to a convenience service station use. The subject property is zoned Neighborhood Commercial (CN) (APN 7033-036-001). (COUNCIL)

1. Conditional Use Permit 2013-1
2. Precise Plan 77-52(A)(2013) Amendment

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

The Mayor opened the public hearing and public comments.

Raquel Lowery, resident, expressed concerns regarding noise and visual impacts of the project.

Dorothy Brown, resident, expressed concerns regarding noise and visual impacts of the project.
Fadi Bouza, owner of the subject property, stated that he was available to answer any questions regarding the project.

The Mayor closed public comments and the public hearing.

MOTION: It was moved by Chen and seconded by Pulido to approve Conditional Use Permit 2013-1, making the findings set forth in Cerritos Planning Commission Resolution No. 2013-5, and Precise Plan 77-52 (A)(2013) Amendment, making the findings set forth in Cerritos Planning Commission Resolution No. 2013-6, including all related conditions of approval for both Conditional Use Permit 2013-1 and Precise Plan 77-52(A)(2013) Amendment. The motion carried (5 – 0) as follows:

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

10B. A proposal by Lexus of Cerritos, on behalf of property owner Bargain Rent-A-Car, 200 SW 1st Avenue, 14th floor, Fort Lauderdale, Florida, 33301, for: An addition to the existing office and showroom building to include service writer's offices, a customer lounge and a service canopy; a remodel of the interior and exterior of the existing general office and showroom building; and refurbishment of existing landscaping throughout the property located at 18800 Studebaker Road. The subject property is zoned Development Area Five (ADP-5) (APN 7038-013-015). (COUNCIL)

Precise Plan 83-18(C)(2013) Amendment

A staff report was given by Sandy Cisneros, Senior Planner.

The Mayor opened the public hearing and public comments.

Larry Tidball, project architect, stated that he was available to answer any questions regarding the project.

The Mayor closed public comments and the public hearing.

MOTION: It was moved by Pulido and seconded by Ray to approve Precise Plan 83-18(C)(2013) Amendment, making the findings set forth in Cerritos Planning Commission Resolution No. 2013-4, including all related conditions of approval for Precise Plan 83-18(C)(2013) Amendment provided in Exhibit 13 of the City Council agenda report. The motion carried (5 – 0) as follows:

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

11. NEW AND OLD BUSINESS

11A. Consideration and approval of Calmet Services' 2013 Solid Waste Collection Program rate limits. (COUNCIL)

A staff report was given by Mike O'Grady, Environmental Services Manager.

MOTION: It was moved by Chen and seconded by Ray to approve CalMet Services' request to adjust the maximum rate schedule for solid waste services in the City of Cerritos by the following amounts effective January 1, 2013:

Residential: 3.0% increase
Commercial Bin: 2.1% increase
Roll-Off: 2.3% increase

The motion carried (5 – 0) as follows:

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

11B. Consideration and review of the City's legal advertising procedures. (COUNCIL/SUCCESSOR AGENCY)

A staff report was given by Vida Barone, City Clerk.

MOTION: It was moved by Ray and seconded by Pulido to continue to publish ordinances and other legal notices in the Los Cerritos Community News and post in three places pursuant to the direction given by Council in 2004, and continue to monitor legislation, including AB 642, which would allow cities to publish on-line, and return to Council with an update when the legislation changes. The motion carried
(3 – 2) as follows:

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

12. Legislative Items

12A. Report on Pending Legislation

None.

12B. Action to support or oppose specific legislation pending in the California Legislature or pending in the California Governor's Office for signature.

None.

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

Reports were provided by Council Members Chen, Cho, and Ray, Mayor Pro Tem Pulido and Mayor Barrows.

CONSENSUS (Chen): Directed staff to remove "No U-turn" sign at the intersection of Ashworth and Carmenita.

14. Closed Session

Mark Steres, City Attorney, announced the Council/Agency would recess into Closed Session to discuss the following items:

14A. PERSONNEL MATTERS PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54957.6: CONFERENCE WITH LABOR NEGOTIATORS

Agency Negotiators: Denise Manoogian, Patricia Leyva and Art Gallucci
Employee Organization: AFSCME, Local 619

14B. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54956.9(a) - EXISTING LITIGATION

Name of Case: City of Cerritos, et.al., v. County of Los Angeles (2012) 55 Cal.4th 707

14C. COUNSEL WITH LEGAL COUNSEL PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54956.9(b) – ANTICIPATED LITIGATION

Significant exposure to litigation: one case

The City Council reconvened into Open Session.

CLOSED SESSION REPORT:

Mark Steres, City Attorney, reported as follows:

14A. The City Council did not meet nor discuss item 14A regarding personnel matters.

14B. MOTION: It was moved by Barrows and seconded by Pulido to approve entering into a settlement with the County. The settlement agreement has not yet been prepared and the terms of the settlement will be available upon the preparation and execution of the settlement agreement. The motion carried (5 – 0) as follows:

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

14C. The City Council met and discussed this item but with no actions to report.

15. ADJOURNMENT

The meeting adjourned at 11:02 p.m.

ATTEST:
/s/Vida Barone
Vida Barone, City Clerk/Agency Secretary

/s/Bruce Barrows
Bruce Barrows, Mayor/Chair

Approved: May 9, 2013


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