MINUTES OF A REGULAR MEETING OF THE CERRITOS CITY COUNCIL AND THE
SUCCESSOR AGENCY TO THE CERRITOS REDEVELOPMENT AGENCY HELD THURSDAY, JANUARY 26, 2023, 7:00 P.M., IN THE COUNCIL CHAMBER AT CERRITOS CITY HALL, 18125 BLOOMFIELD AVENUE, CERRITOS, CALIFORNIA.
1. Call to Order
The meeting was called to order at 7:00 p.m.
2. Invocation
The invocation was given by Pastor Juno Smalley, New Life Community Church.
3. Pledge of Allegiance
The Pledge of Allegiance was led by Cerritos Aquatic Club.
4. Roll Call
The following members of the City Council/Successor Agency were in attendance:
Council/Agency Member Lynda P. Johnson
Council/Agency Member Naresh Solanki
Council/Agency Member Frank A. Yokoyama
Mayor Pro Tem/Vice Chair Bruce Barrows
Mayor/Chair Chuong Vo
5. Presentations/Appointments
5A. Presentations
A proclamation was made by the City Council as follows:
Mariposa Escrow (Business Spotlight).
5B. Review and consideration of appointments, removals, and filling of scheduled or unscheduled vacancies on the Cerritos Advisory Boards (2022-24 term) (COUNCIL).
There was no action taken on this item.
5C. Informational update on the City’s response to the COVID-19 pandemic and other City events, services, and programs.
An informational update was given by Annie Hylton, City Librarian & Marketing Manager. A PowerPoint presentation was displayed.
There was no action taken on this item.
6. Public Comments and Suggestions
The Mayor opened the public comments period.
Tamara Hill, representing Philip Liberatore, CPA, thanked members of the City Council who attended their business open house on January 21, 2023.
Noting there were no other individuals who elected to pr ovide public comment, the Mayor declared the public comments period closed.
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7. Consent Calendar
7A. Approval of Minutes
Thursday, January 12, 2023, 7:00 p.m. City Council/Successor Agency Regular Meeting Minutes (COUNCIL/SUCCESSOR AGENCY).
MOTION: It was moved by Solanki, and seconded by Yokoyama, to approve the Thursday, January 12, 2023, 7:00 p.m. City Council/Successor Agency Regular Meeting Minutes (COUNCIL/SUCCESSOR AGENCY).
The motion carried (5 – 0) as follows:
AYES: Johnson, Solanki, Yokoyama, Barrows, Vo
NOES: None
ABSENT: None
ABSTAIN: None
7B. Approval of the Register of Demands
7B.1. Register of Demands for the City of Cerritos dated January 26, 2023 (COUNCIL).
MOTION: It was moved by Solanki, and seconded by Yokoyama, to approve the Register of Demands as follows:
City of Cerritos January 26, 2023 $ 2,869,446.32 (COUNCIL)
The motion carried (5 – 0) as follows:
AYES: Johnson, Solanki, Yokoyama, Barrows, Vo
NOES: None
ABSENT: None
ABSTAIN: None
8. Public Hearings
8A. Review and consideration of a recommendation by the Cerritos Planning Commission, on a vote of 3-2, to disapprove the following:
A MITIGATED NEGATIVE DECLARATION FOR A PROPOSED DRIVE-THROUGH SERVICE RESTAURANT UNDER PRECISE PLAN 2022-1 AND RELATED ENTITLEMENTS (APN 7044-016-006) (COUNCIL).*
DEVELOPMENT CODE AMENDMENT 2022-1, A REQUEST TO AMEND VARIOUS
PROVISIONS OF THE CERRITOS MUNICIPAL CODE ALLOWING FOR DRIVE-THROUGH
SERVICE RESTAURANTS TO BE CONDITIONALLY PERMITTED IN THE COMMUNITY
COMMERCIAL (CC) AND NEIGHBORHOOD COMMERCIAL (CN) ZONES, AND
AMENDING REGULATIONS FOR THE LOCATION OF THESE USES IN THE CITY OF CERRITOS (COUNCIL).*
TENTATIVE PARCEL MAP 83312, A PROPOSAL BY THE TARGET CORPORATION TO MERGE THREE (3) EXISTING PARCELS, AND SUBSEQUENTLY SUBDIVIDE THE PROPERTY INTO TWO (2) PARCELS. THE SUBJECT PROPERTY IS LOCATED AT 20200 BLOOMFIELD AVENUE, CERRITOS, CALIFORNIA, 90703, AND IS ZONED NEIGHBORHOOD COMMERCIAL (CN) (APN 7044-016-006) (COUNCIL).*
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8. Public Hearings (continued)
8A. (continued)
CONDITIONAL USE PERMIT 2022-1, A REQUEST BY THE TARGET CORPORATION TO PERMIT A DRIVE-THROUGH SERVICE RESTAURANT AT 20200 BLOOMFIELD AVENUE, CERRITOS, CALIFORNIA, 90703. THE SUBJECT PROPERTY IS ZONED NEIGHBORHOOD COMMERCIAL (CN) (APN 7044-016-006) (COUNCIL).*
PRECISE PLAN 2022-1, A PROPOSAL BY THE TARGET CORPORATION TO DEMOLISH A
VACANT TARGET GARDEN CENTER, TO CONSTRUCT A NEW DRIVE-THROUGH
SERVICE RESTAURANT, AND TO COMPLETE OTHER RELATED SITE IMPROVEMENTS AT 20200 BLOOMFIELD AVENUE, CERRITOS, CALIFORNIA, 90703. THE SUBJECT PROPERTY IS ZONED NEIGHBORHOOD COMMERCIAL (CN) (APN 7044-016-006) (COUNCIL).*
*One Mitigated Negative Declaration was prepared in accordance with the California Environmental Quality Act (CEQA) for Development Code Amendment 2022-1, Tentative Parcel Map 83312, Conditional Use Permit 2022-1, and Precise Plan 2022-
1. Staff report s were given by Sabrina Chan, Advance Planning Manager and Sandy Cisneros, Current Planning Manager. A PowerPoint presentation was displayed.
Councilmember Johnson disclosed that she viewed the December 7, 2022 and January 11, 2023 Planning Commission meetings as related to this project and was familiar with the comments which were stated at each meeting. Councilmember Johnson further disclosed that on January 25, 2023 she met with representatives of the project applicants, EKA Consulting Engineers and Property Nine Development, at Cerritos City Hall per the applicant’s request. City Manager Art Gallucci and other members of staff were also in attendance at the January 25, 2023 meeting.
The Mayor opened the public hearing and public comments period.
In-Person Public Comments:
David Pylman requested traffic statistics for Lakewood and Cerritos as related to the subject project and further requested the City Council separately consider Citywide drive-through uses prior to further consideration of this specific project.
Michael DiGangi, representing the applicant, Property Nine Development, responded to various inquiries from the City Council and public speakers.
Al Barlevy expressed support for City Council approval of the subject project.
Sandra Hojo expressed concerns regarding the traffic impacts of the project on the adjacent neighborhoods. She requested the City Council separately consider Citywide drive-through uses prior to further consideration of this specific project.
Written Correspondence:
(Written correspondence is considered public record. Full -text copies of submitted written correspondence can be obtained in the Office of the City Clerk/Treasurer)
Marty and Gail Grossman expressed opposition to the subject project, citing negative community impacts.
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8. Public Hearings (continued)
8A. (continued)
Noting there were no other individuals who elected to pr ovide public comment, the Mayor closed public comments and declared the public hearing closed.
MAIN MOTION: A motion was made by Solanki, and seconded by Barrows, to include an additional condition of approval for the subject project to require both driveways on the Del Amo Boulevard side adjacent to the property to be “right turn only” and require the applicant to fund the installation of a center median, subject to staff’s approval of the design, on Del Amo Boulevard adjacent to the subject property (COUNCIL).
SUBSTITUTE MOTION: It was moved by Yokoyama, and seconded by Johnson, as modified to:
1. Reverse the recommendation of the Planning Commission and approve the proposed project, inclusive of Development Code Amendment 2022-1, Tentative Parcel Map 83312, Conditional Use Permit 2022-1, and Precise Plan 2022-1, and approving and certifying the Mitigated Negative Declaration for the proposed project;
2. Approve the following additional condition of approval:
Residual Traffic Assessment. A six (6) month review period shall be established from the date that Starbuck’s Coffee is granted occupancy to appropriately assess residual traffic impacts as a result of the drive -through service restaurant. The review/assessment shall be in the form of a traffic impact analysis, paid for by the developer as a developer deposit prior to being granted occupancy. The initial deposit shall be used to cover actual costs for the traffic impact analysis, such that any balance remaining will be returned to the applicant, or if additional funds are needed to complete the analysis, the applicant shall provide an additional deposit as required to cover the actual costs of the analysis. If, as a result of the traffic impact assessment, any reasonable traffic related improvements are necessary (including the imposition of a “no left turn” requirement and corresponding signage from the two parking access driveways and/or installation of a raised median on Bloomfield Avenue and/or Del Amo Blvd.) to improve vehicular/pedestrian safety or to alleviate parking lot and/or arterial street traffic congestion caused by “stacking” of veh icles at the drive-through of the restaurant, as determined by the City Engineer, then said improvements shall be completed by the developer with all costs related to such improvements paid for by the developer;
3. Waive full reading of and adopt Resolution No. 2023-06, A RESOLUTION OF THE
CITY OF CERRITOS APPROVING AND CERTIFYING A MITIGATED NEGATIVE
DECLARATION FOR A PROPOSED DRIVE-THROUGH SERVICE RESTAURANT UNDER PRECISE PLAN 2022 -1 AND RELATED ENTITLEMENTS (APN 7044 - 016-006) (COUNCIL);
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8. Public Hearings (continued)
8A. (continued)
4. Waive full reading of and introduce Ordinance No. 1039, AN ORDINANCE OF THE CITY OF CERRITOS APPROVING DEVELOPMENT CODE AMENDMENT 2022-1,
A REQUEST TO AMEND VARIOUS PROVISIONS OF THE CERRITOS
MUNICIPAL CODE ALLOWING FOR DRIVE-THROUGH SERVICE RESTAURANTS
TO BE CONDITIONALLY PERMITTED IN THE COMMUNITY COMMERCIAL (CC)
AND NEIGHBORHOOD COMMERCIAL (CN) ZONES, AND AMENDING
REGULATIONS FOR THE LOCATION OF THESE USES IN THE CITY OF CERRITOS (COUNCIL);
5. Waive full reading of and adopt Resolution No. 2023-07, A RESOLUTION OF THE CITY OF CERRITOS A PPROVING TENTATIVE PARCEL MAP 83312, A PROPOSAL BY THE TARGET CORPORATION TO MERGE THREE (3) EXISTING PARCELS, AND SUBSEQUENTLY SUBDIVIDE THE PROPERTY INTO TWO (2) PARCELS. THE SUBJECT PROPERTY IS LOCATED AT 20200 BLOOMFIELD AVENUE, CERRITOS, CALIFORNIA, 90703, AND IS ZONED NEIGHBORHOOD COMMERCIAL (CN) (APN 7044-016-006) (COUNCIL);
6. Waive full reading of and adopt Resolution No. 2023-08, A RESOLUTION OF THE CITY OF CERRITOS APPROVING CONDITIONAL USE PERMIT 2022 -1, A
REQUEST BY THE TARGET CORPORATION TO PERMIT A DRIVE -THROUGH SERVICE RESTAURANT AT 20200 BLOOMFIELD AVENUE, CERRITOS, CALIFORNIA, 90703. THE SUBJECT PROPERTY IS ZONED NEIGHBORHOOD COMMERCIAL (CN) (APN 7044-016-006) (COUNCIL); and
7. Waive full reading of and adopt Resolution No. 2023-09, A RESOLUTION OF THE CITY OF CERRITOS APPROVING PRECISE PLAN 2022-1, A PROPOSAL BY THE
TARGET CORPORATION TO DEMOLISH A VACANT TARGET GARDEN CENTER,
TO CONSTRUCT A NEW DRIVE -THROUGH SERVICE RESTAURANT, AND TO COMPLETE OTHER RELATED SITE IMPROVEMENTS AT 20200 BLOOMFIELD AVENUE, CERRITOS, CALIFORNIA, 90703. THE SUBJECT PROPERTY IS ZONED NEIGHBORHOOD COMMERCIAL (CN) (APN 7044-016-006) (COUNCIL).
The motion carried (5 – 0) as follows:
AYES: Johnson, Solanki, Yokoyama, Barrows, Vo
NOES: None
ABSENT: None
ABSTAIN: None
The main motion as referenced earlier in this section was not acted upon pursuant to City Council majority action on the substitute motion. There was no further action taken on this item.
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9. New and Old Business
Pursuant to City Council consensus, Item 9B was considered prior to 9A.
9A. Review and consideration of announcement of C ity Manager Art Gallucci’s retirement from the City of Cerritos and consideration of process for recruitment of a new City Manager (COUNCIL).
A staff report was given by Bill Ihrke, City Attorney. A PowerPoint presentation was displayed.
The Mayor opened the public comments period.
In-Person Public Comments:
Norma Williamson requested the City Council select a member of current City executive management staff to serve as the next City Manager and expressed concern with the expenditure of City funds for the conduct of a recruitment process.
Dan E. Nino requested the City Council select a member of current City executive management staff to serve as the next City Manager and expressed concern with the expenditure of City funds for the conduct of a recruitment process.
Joel Ilao requested the City Council select a member of current City executive management staff to serve as the next City Manager and expressed concern with the expenditure of City funds for the conduct of a recruitment process.
Al B arlevy requested the City Council select a member of current City executive management staff to serve as the next City Manager and expressed concern with the expenditure of City funds for the conduct of a recruitment process.
Joe Duran requested the City Council select a member of current City executive management staff to serve as the next City Manager and expressed concern with the expenditure of City funds for the conduct of a recruitment process.
Anantha Ramachandran suggested the City Council condu ct a comprehensive recruitment process to include internal and external candidates and consider placing term limits on the tenure of the next City Manager.
Written Correspondence:
(Written correspondence is considered public record. Full -text copies of submitted written correspondence can be obtained in the Office of the City Clerk/Treasurer)
Marty and Gail Grossman expressed support for appointing the current Senior Assistant City Manager to serve as the next City Manager.
Garry and Coleen Aldrich expressed support for appointing the current Senior Assistant City Manager to serve as the next City Manager.
Sue Carter expressed support for appointing the current Senior Assistant City Manager to serve as the next City Manager.
Noting there were no other individuals who elected to pr ovide public comment, the Mayor declared the public comments period closed.
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9. New and Old Business (continued)
9A. (continued)
MAIN MOTION: It was moved by Barrows, and seconded by Solanki, to direct the City Attorney and appropriate City staff to develop and issue a Request for Proposals (RFP) to secure a professional consulting firm that provides public agency executive management recruiting services for the purpose of having the selected firm conduct the search and recruitment process for the next City Manager (COUNCIL).
(The vote on the main motion was held pending the outcome of th e vote on the substitute motion).
SUBSTITUTE MOTION (VOTE): It was moved by Johnson, and seconded by Yokoyama, to not move forward with securing a professional consulting firm and hire the next City Manager from existing City executive management staff (COUNCIL).
The motion did not carry (2 – 3) as follows:
AYES: Johnson, Yokoyama
NOES: Solanki, Barrows, Vo
ABSENT: None
ABSTAIN: None
MAIN MOTION (VOTE): It was moved by Barrows, and seconded by Solanki, to direct the City Attorney to develop and issue a Request for Proposals (RFP) to secure a professional consulting firm that provides public agency executive management recruiting services for the purpose of having the selected firm conduct the search and recruitment process for the next City Manager (COUNCIL).
The motion carried (3 – 2) as follows:
AYES: Solanki, Barrows, Vo
NOES: Johnson, Yokoyama
ABSENT: None
ABSTAIN: None
9B. Review and consideration of the Use and Rental of City Facilities Policy (COUNCIL).
A staff report was given by Sherre’ Titus, Recreation Services Superintendent, and Jill Toda, Recreation Services Supervisor. A PowerPoint presentation was displayed.
CONSENSUS (Barrows): Directed the City Manager to provide the City Council with a report providing the current “per acre” costs to maintain recreation facilities and parks, with detailed breakdown of costs for “active” and “passive” uses.
The Mayor opened the public comments period.
Written Correspondence:
(Written correspondence is considered public record. Full -text copies of submitted written correspondence can be obtained in the Office of the City Clerk/Treasurer)
Marty and Gail Grossman expressed support for relaxing the residency requirements for recreation programs and use of City facilities.
Noting there were no other individuals who elected to pr ovide public comment, the Mayor declared the public comments period closed.
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9. New and Old Business (continued)
9B. (continued)
MOTION: It was moved by Barrows, and seconded by Solanki, to establish the creation of a class G group, for groups that do not qualify for class A or B community organizational approval, to be included in the City of Cerritos Use and Rental of City Facilities Policy designated for athletic groups only for purposes of participating in the City’s field allocation process (COUNCIL).
The motion carried (5 – 0) as follows:
AYES: Johnson, Solanki, Yokoyama, Barrows, Vo
NOES: None
ABSENT: None
ABSTAIN: None
10. Legislative Items
10A. Report on pending legislation.
None.
10B. Review and consideration to support or oppose specific legislation in the State or Federal legislature or in the State or Federal Executive Office for signature.
None.
11. Reports
11A. Report from City Manager/Executive Director
Bill Ihrke, City Attorney, reported on the case City of Norwalk v. City of Cerritos (Los Angeles Sup. Ct. Case No. 22STCV33737). The trial court heard the matter on January 26, 2023 and ruled in favor of the City of Cerritos.
11B. City Council Communications/Committee Reports/Meeting Reports
Reports were given by Councilmember Johnson and Mayor Vo.
12. Closed Session
The City Council did not recess to Closed Session and no items on the Closed Session agenda were discussed.
12A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Pursuant to California Government Code Section 54956.9(d)(1) Name of Case: City of Norwalk v. City of Cerritos
(Los Angeles Sup. Ct. Case No. 22STCV33737) (COUNCIL)
12B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to California Government Code Section 54957 (COUNCIL) Title: City Manager
12C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to California Government Code Section 54957 (COUNCIL) Title: City Attorney
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12. Closed Session (continued)
12D. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to California Government Code Section 54957 (COUNCIL) Title: City Clerk/Treasurer
13. Adjournment
The meeting adjourned at 10:57 p.m. in memory of the victims of the tragic shootings in the Cities of Monterey Park and Half Moon Bay.
/s/Vida Barone
Vida Barone
City Clerk/Agency Secretary
ATTEST:
/s/Chuong Vo
Chuong Vo
Mayor/Agency Chair
APPROVED: February 9, 2023