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• Norwalk’s Only Community Newspaper • Vol. 3 No. 8 • April 17, 2009

Dome Lifted Atop New Building in the Cerritos Towne Center UP OVER

Visitors to the Cerritos Towne Center have watched the new Transpacific Development Company [TDC] office building slowly take shape. On April 15 at approximately 9:15 p.m. the building’s 16,000-pound dome was lifted 160 ft. above the buildings entrance where it came to rest on the roof. The dome is composed of 12 aluminum bands that create the transparent surface of the dome, which is crowned by a 16ft. tall stainless steel mesh sculpture called the “Undulating Spire.” Once completed, computer-controlled LED lights will create the illusion of the dome floating above the building at night. The spire will be internally illumi-

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nated to allow light to radiate from the open dome and mesh. When completed it is anticipated the project will provide an estimated 350 new jobs in the city and provide an estimated $77 million of additional revenue to the City/Redevelopment Agency over the lifetime of the lease. TDC is one of the most prominent independent commercial real estate companies in the United States, having developed seven office buildings in the Cerritos Towne Center and the 203-room Sheraton Cerritos Hotel.

No Resolution on RV Parking

Cerritos Park East Picnic Shelter Opens

Cerritos Council sends issue back to Planning Commission for further study. By Jerry Bernstein

A

ngry residents filled the Cerritos City Council Chambers Apr. 2 protesting regulations governing driveways, walkways, and parking regulations on property zoned single-family residential. Management Analyst Ryan Carey said the proposed amendment to the city code was an effort to update and clarify existing provisions in the code. He said the revisions require the physical separation of the main pedestrian walkway from the driveway to the front door of the house with a landscape planter that would

also reduce the aesthetic impact associated with large spans of concrete in the front yard/driveway area thus reducing the use of walkway for vehicle parking. The proposal also would require major repair of vehicles be done in enclosed garage areas. It also spells out regulations related to the minimum interior space within a garage that must be reserved for parking of two vehicles. In the case of a three car garage with the third space not used for parking a vehicle, it must remain free and clear of any permanent structures

See Resolution CONTINUED ON 13

Artesia Forms Business Association Breakfast meeting scheduled May 13. By Jerry Bernstein

Parks and Recreation Commissioner Gail Grossman [l-r] Mayor Bruce Barrows and City Council Members Carol Chen, Mayor Pro Tem Joseph Cho, Jim Edwards, Laura Lee and Commissioner Mark Anthony Ruiz participated in the ribbon cutting ceremony for a new picnic shelter at Cerritos Park East. The enclosed 40-ft x 64-ft shelter will accommodate more than 100 people, features a new sink, drinking fountain, BBQ, hot coal container, a food prep table, and pre-cast concrete picnic tables and benches. Cerritos residents can reserve the shelter up to three months in advance. For additional information, call Cerritos Park East, (562) 407-2611.

A Business Association in Artesia has been formed and will hold an initial breakfast meeting May 13. In a report to the City Council, City Manager Maria Dadian said the breakfast location would be announced soon. She said a mailer would be sent to approximately 871 businesses to include City vendors and franchise holders. Dadian said the agenda will include information on the State of the City, best business practices, perspective from the Sheriff’s Department

See Artesia CONTINUED ON 13


2 COMMUNITY NEWS GROUP • APRIL 17, 2009

Cerritos Talent Show Entertains Residents

“Twinkle, Twinkle Little Star.” It was a night filled with entertainment that was enjoyed by all of the guests who attended. It began with the Star Spangled Banner sung by five-year-old Matthew Tran, and ended with God Bless the U.S.A. sang by six-year-old Amir Greenige.

By Larry Caballero

the upcoming Community Spring Festival on April 24 through 26. Performance categories consisted of Vocal, Dance, Instrumental, and Combination Talent. The judges rated each performance on Stage Presence and Appeal, Quality of the Performance, and Overall Impression. Almost every performer received a trophy in one of the performance categories for the various age groups. Among the acts included: Nina Acebedo, age 10, who sang a beautiful rendition of “Part of Your World.” Mika Landry, age 13, who sang “No

Dressed in a traditional Chinese costume, Jasmine Chen, 10, plays the flute. One”. It was followed by loud applause when she was finished. Astha Sahoo, age 6, performed the Jagnnatha Swami Dance in a colorful traditional classical Indian dance costume with an elaborate headdress. Emily Hoang, age 11, played Cello Concert #1 in A Minor about as well as any professional musician. Jasmine Chen, age 10, and Catherine Chen, age 8, played the flute and violin Ninna Acebedo, 10, singing to a sweet “Part of Your World.

ALL DIGITAL PRESENTATION X-MEN ORIGINS: WOLVERINE Tickets on Sale Now for Special 12:01AM show on Thursday Night, 4/30. STAR TREK Tickets on Sale Now for Special 7PM show on Thursday Night, 5/7. 17 AGAIN C Fri to Sun: (11:00, 11:50, 1:40, 2:25, 4:20, 5:05), 7:00, 7:50, 9:40, 10:25; Mon & Tue: (11:00, 11:50, 1:40, 2:25, 4:20, 5:05), 7:00, 7:50, 9:40 CRANK HIGH VOLTAGE E Fri to Sun: (11:15, 12:45, 1:30, 3:00, 3:45, 5:15), 6:05, 7:25, 8:20, 9:50, 10:40; Mon & Tue: (11:15, 12:45, 1:30, 3:00, 3:45, 5:15), 6:05, 7:25, 8:20, 9:50 STATE OF PLAY C Fri to Sun: (11:10, 1:55, 4:45), 7:45, 10:35; Mon & Tue: (11:10, 1:55, 4:45), 7:45 DRAGONBALL: EVOLUTION B (11:55, 2:35, 4:55), 7:15, 10:00 HANNAH MONTANA: THE MOVIE A (11:05, 11:45, 1:45, 2:20, 4:25, 5:00), 6:55, 7:35, 9:30 OBSERVE AND REPORT E Fri to Sun: (10:55, 12:25, 1:00, 2:40, 3:15, 5:00, 5:30), 7:10, 7:55, 9:30, 10:20; Mon & Tue: (10:55, 12:25, 1:00, 2:40, 3:15, 5:00, 5:30), 7:10, 7:55, 9:30 ADVENTURELAND E 10:10 PM FAST & FURIOUS C Fri to Sun: (11:20, 12:05, 1:50, 2:45, 4:30, 5:25), 7:10, 8:10, 9:45, 10:45; Mon & Tue: (11:20, 12:05, 1:50, 2:45, 4:30, 5:25), 7:10, 8:10, 9:45 THE HAUNTING IN CONNECTICUT C (12:00, 2:30, 5:10), 7:30, 10:05 H MONSTERS VS. ALIENS 3D (DIGITAL 3DX) B (11:40, 2:15, 4:40), 7:05, 9:35 Times for Friday-Tuesday, April 17-21, 2009

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Mika Kandry, 13, singing “No One.”

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Ast Sahoo, six, performing the “Jagnnatha Swami Dance dressed in the traditional classical Indian Dance Costume.

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This year’s annual Cerritos Resident Talent Show was held at Cerritos Park East. Many talented residents auditioned for the show with nearly 40 acts chosen to compete. The show remains a popular event amongst the community as evidenced by the 300 spectators in attendance. Performances included a fiveyear-old vocalist, a 10-year-old instrumentalist and a five-piece band. Select talent show acts will be showcased throughout the year at various community special events offered by the City of Cerritos Recreation Services Division, including

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Cerritos resident Hilda Riomana never thought she would be winning any awards while growing up in her native Colombia. She was perfectly happy with her life as an elementary and secondary

Hilda Riomana holding First Place Certificate next to her award winning cake.

science and history teacher. She started teaching at 17 and continued for the next 10 years. When she came to the United States, Hilda met the love of her life for the last 43 years, and was content. She ran a clothing business for 30 years, but

decorate a cake with any motif her clients want. Hilda took a basic cake baking class one time, and learned how to make simple decorations, but she is self-taught in the world of cake decorating. She is now a true professional, and plans to decorate

Birthday cake with Minnie Mouse adorning the top. “My clients just have to tell me what they want,” she said, “and my imagination does the rest.” eventually it closed as more and more of the sewing was being done out of the country. In recent years, she has been attending adult school computer literacy classes for ABC, and she has earned cer-

cakes for the rest of her life. "It's such a joy!" she says. She is very happy to show you hundreds of photos of the wonderful cakes that she has decorated. She makes all of

the decorations herself from sugar and flour, and she says they're all very edible. No occasion is a problem for her, from a baptism to a retirement, from an anniversary to a graduation. And she has a photo to prove it. She has been the First Place Winner for two years in a row at the San Diego Cake Club's "Convections on Parade" held each spring. Up to 300 decorators enter the competition. "When people were asking me to enter, I didn't want to because I didn't think I was that good, but I'm so happy now that I did!" said Riomana. Her specialty is a tiered fondant/rolled buttercream candy clay cake, which won her the blue ribbon in 2007. The cake would have made any little girl happy with her own Cinderella, castle, and pumpkin carriage on top. Sorry--there was no Prince Charming in sight--but that wouldn't be an issue for any future cake. "They just have to tell me what they want on the cake, and I can make the decorations for them." And most of the time she doesn't even use a picture from a magazine or a photo. "I just use my imagination." Her 2008 entry that awarded her second blue ribbon was of a gondola with two lovers lying on a bed of roses. A delicate swan and a refreshing pool of water complete the scene. This was her largest cake with a diameter of 20 inches. She takes great pride in her creations, and her clients have always been thrilled with the result. Well, almost always. There was the time, when she had just started her cake decorating business, when she was running late and asked her husband to drive the car with a five-layered cake in the back seat. He was driving a little too fast, made a sharp turn, and the top three layers fell off. No matter how hard she tried to put the layers back on, she couldn't put Humpty Dumpty back together again. "I was never so embarrassed. I told the lady that I was very sorry, and that I couldn't charge her." That was the last time she ever arrived late to an event. Now she's there in plenty of time, up to two hours early. As for her husband driving again, she 's still debating that. Once she was awarded a first prize in a competition, there was no stopping her. Her garage has been taken over with her cake decorating supplies, tools, and colors. Any size, any shape, any ingredients--no problem for Hilda Riomana.

The Artesia Historical Society will host s Victorian Tea as part of the 50th Anniversary of the City of Artesia and in honor of the City’s First Ladies. The very First Lady is Bettye Padelford, whose husband Gene was the first Mayor of Artesia. The tea will be held on Apr. 25 [Saturday] from 1-3 p.m. at the Albert O.

Tea Time – Rosemary Economy, Betty Holtz, Bettye Padelford and Dianne Padelford-Young prepare for the Ladies Victorian Tea. Little Community Center, 18750 South Clarkdale Ave. The Cerritos Sheraton Hotel will cater the four-course Team Menu. Tickets are $25 per person, children 10 and under are $12.50. Harpist Eleanore Choate will provide the entertainment for this elegant afternoon tea. Ladies are invited to wear hats and gloves if they wish. All residents and friends are invited to attend. Gentlemen are welcome. For more information contact Diane Padelford-Young at (562) 402-8054.

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SOCIETY PAGE

weddings, anniversaries, engagements, births, and more! Celebrate and acknowledge your event in Los Cerritos only local newspaper. Congratulations Nitascha and Zane Married April 2, 2009, what a great trip to Aspen and an even lovlier ceremony. We had such a great time, thanks again! Ellis, Amanda, and Tyra

3

Artesia Historical Society to Host First Ladies Victorian Tea

605 FWY.

By Larry Caballero

tificates in Windows Vista, Introduction to Computers, and the Internet. She is eager to learn and try new things, and she can't wait to take a digital camera or a computer repair class. Yet what she enjoys doing the most is cake decorating, and is beginning to gain quite a following of aficionados. Her business keeps growing, and she is now baking and decorating about two cakes a week. Most of her clients want birthday cakes, but she is so versatile that she can

LONG BEACH TOWN CENTER

Cerritos Resident Takes the Cake

COMMUNITY NEWS GROUP • APRIL 17, 2009

For information on placing your notice in Our City Society Page, please call

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or send us an email at ourcity@cerritosnews.net


4 COMMUNITY NEWS GROUP • APRIL 17, 2009

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OPINION/GUEST COLUMNS/LETTERS TO THE EDITOR

The Sacramento Budget Game In February, the Sacramento Folks hatched a budget deal that included 6 propositions on the May ballot that they said would solve the budget gap of $32 Billion. Except they came back in March, saying that the budget gap is still $8 Billion shy of being balanced. What did they do? They increased the sales tax, state income tax and vehicle license fee with some minimum cuts in spending and regulations, while hiring 2,000 new employees. Unlike what many businesses have had to do to reduce their fixed costs to save their businesses, they didn’t renegotiate state employee union contracts. Meanwhile they allowed some

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state has a deficit, but doesn’t stop the state agencies to waste money on things legislature from raising its own salaries. like redecorating offices and junkets. How do we solve this budget GAP? Why is there still an $8 Billion deficit? First, fixed costs from property One reason is that they believe that based taxation need to be reduced, in businesses and individuals don’t react to exchange for consumption based taxation save their hard earned money from tax inwhich can be chosen by those suffering creases, failing to note that investors have through this economy; this change could been voting with their money by moving actually spur the growth in the California it into overseas tax havens. By raising economy and stop the bleeding from tax taxes on property, be it income, vehicles, induced layoffs. Second, the Democrats places of residence or business, they raise in the State Legislature have to stop the fixed costs, thereby reducing spending game of holding our and therefore revenue public safety, health that would have come Something on your mind? care, and children’s from sales taxes. They Email to editor@cerritosnews. education hostage, have also reduced revwhile they refuse to cut net. Letters and opinions do enue from income taxes not represent the viewpoint of wasteful spending that by putting pressure on otherwise has padded the Editor, the Editor reserves businesses to lay off the right to edit for length and their lifestyles. Last, their workforce, move we need to stop giving grammar. their businesses to special interest groups lower costing areas, &/ money they did not earn or shutting down. They to promote the changing of our culture have reduced the revenue that would have to the Democrats’ vision of a socialist come to governments, while hurting busiutopia where there is no right or wrong; nesses & working families. unless you are a conservative, Christian, On May 19th they are asking us to pass 6 propositions that they say are need- &/or Republican, then you are always wrong. ed to solve our budget problems. Prop Matt Kauble 1A imposes a spending cap with Swiss Cerritos cheese loopholes, in exchange for extending the economy killing taxes imposed by the budget deal. Prop 1B doesn’t go into effect unless Prop 1A passes, while Dear Congresswoman Linda it increases funding to the Education buSanchez, reaucracy without guaranteeing that most of the money will get into the classroom. Yes, the death of Megan Meir was Prop 1C uses an accounting gimmick to tragic and no one (I would think) would borrow against money the state doesn’t argue that. There are many things that currently have but is anticipating it may can be done to prevent this from happengenerate from the state lottery. Prop 1D ing in the future. For instance, as a parent temporarily takes tobacco tax money of a 20 year old and 13 year old, I find away from California First 5. Prop 1E time to speak with my children, spend takes the millionaire surtax money away time alone, one on one with them and my from mental health programs. Prop 1F stops a salary commission from raising the salaries of the Legislature and the See Sanchez State Constitutional Officers when the

CONTINUED ON 13

Econo-My-Scene:

No One Said You Have to be Smart to be a Voter By Randy Economy No one said you have to be smart to vote. Take the controversial March 3rd Norwalk City Council election for a prime example. The race was won by Incumbents Cheri Kelley and Mike Mendez. After all the ballots were counted, including all of the late “absentee votes,” Mendez held a slight 18 vote lead over challenger Marcel Rodarte. This was the closest and nastiest election in the 53 year history of the City of Norwalk. Mendez was the subject of a much publicized “sexual harassment” lawsuit brought against him from the City’s Parks and Recreation Director. Mendez and the City of Norwalk settled the case, two days after the March 3rd election, and agreed to pay out more than $500,000.00 in public funds to settle the lawsuit. Since this election was such a high profile one, every vote was critical to determine who was going to emerge on top. Rodarte, a Specialist with the Department of Defense, and a Member of the Norwalk Planning Commission, requested a “hand recount” of all 5,300 plus ballots cast. In the end, Mendez eked out a 15 vote razor thin election win. During the Recount, I was asked by Mr. Rodarte and his campaign to serve as the one who oversaw how the recount was taking place, and what ballots were going to be officially “challenged” due to voter “ambiguity.” Rodarte’s campaign had to pay more than $6,900 for the Recount, which included lunch and donuts and coffee for nearly 20 ballot counters, city staff, city attorney, election consultants and for two armed Los Angeles County Sheriff Deputies, just in case trouble “broke out.” As the Recount began, each and every ballot was carefully examined. Some voters tended to vote for just the Incumbents, Kelley and Mendez, while others only voted for Rodarte and challenger Candy Martinez and or challenger Anthony Garcia. Then, many ballots appeared to vote for no candidate at all. Huh. Yep. Five people went to the polls in Norwalk and ACTUALLY voted for no one. 20 other people circled in the bubble that was directly under Rodarte’s name on the ballot in the slot dedicated to “Write In Candidate A,” and none of these votes counted for anyone. No Write-In Candidate legally qualified for to be considered, yet two slots

See Economy CONTINUED ON 13

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COMMUNITY NEWS GROUP • APRIL 17, 2009

CCPA Review-3 Mo Divas at Cerritos By Glen Creason In the tradition of the Three Tenors, the Irish Tenors and Three Mo Tenors it was the ladies turn at the Performing Arts Center over the weekend and “3 Mo Divas” did not let the name down. These three polished and versatile women covered as many vocal arts genres as a music appreciation textbook. The divas had half a dozen dazzling costume changes, several complicated choreography numbers, sang over thirty songs and even tossed in a spot on impression or two in their action packed two hours on the big stage. The 3 Divas were Laurice Lanier, N’Kenge and Jamet Pittman; all accomplished and highly experienced musicians trained at places like the Juilliard School and Oberlin College. These women were not destined to be popsingers but they are certainly not above belting out a funky R&B song or tearing up a blues number with plenty of style. True to the format they began with excellent readings of high opera from Puccini’s “La Boheme” and Saint-Saens’ “Samson and Delilah” along with some Broadway class in “Style” in tandem or solo. At first they had a cute rivalry going where each lady tried to outshine the other but when they sang as one all that melted away and they created a seamless whole. Each had qualities that set them apart and yet made them a key component of the harmonies. Jamet tore up “Your Daddy’s Son” from the hit Broadway show “Ragtime” then returned to the triumvirate for a nice “Feeling

Good” culled from the old gem “the Roar of the Greasepaint.” N’Kenge was terrific all evening but her tribute to the great Cab Calloway was utterly sensational and got the crowd up out of their seats for just one of a few standing ovations on this night. Larece was a tower of dignified vocal strength all night and she made “Downhearted Blues” into a talking up poem that made the ladies in the hall sit up a little straighter. The duet of Larece and Jamet on “Strange Fruit” worked wonders for a song normally owned by Billie Holiday alone. The entire performance was sweetened and centered by musical director Joseph Joubert who unobtrusively drove the beat a little higher in energy but played like an expert accompanist on the classical portion. He stayed in the background for the most part but his playing just held the entire performance together beautifully. The entire cast here is amazingly versatile. 3 Mo Divas met every challenge and never faltered in any genre ranging from the 40’s swing of “Boogie Woogie Bugle Boy” to the Jazz vocalese of “Harlem Nocturne” to the funky soul of “Best of My Love” Not holding back much they did make the crowd wait for two of the most electrifying songs in the set with N’Kenge’s lead on a rump-shaking “Proud Mary” with a tiny Tina Turner turn and an utterly stirring spiritual “His Eye is On the Sparrow” that was every bit as uplifting as the song was intended. The crowd seemed to love the ladies and laid on the applause almost as strong as the divas sang.

Hawaiian Gardens Resident 105 Years Old Honored at City’s Anniversary Breakfast By Jerry Bernstein The City of Hawaiian Gardens celebrated its 45th anniversary April 4. It also honored its oldest citizen, Maria Rivera

granddaughter Veronica, she is doing fine. She said her grandmother is alert as she has ever been and while mostly confined to the house, she is still able to walk with the help of a walker.

Maria Rivera [center] celebrated St. Patrick’s Day and her 105th birthday with friends in the Hawaiian Gardens Golden Age Senior Club at the C. Robert Activity Center in March. who turned 105 on Mar. 19, at the city’s anniversary breakfast. Maria wasn’t present. She was awaiting discharge from the hospital after receiving a pacemaker. According to her

Maria was born on March 19, 1904 in Guanajuato, Mexico. In 1917 her family

See Maria CONTINUED ON 13

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6 COMMUNITY NEWS GROUP • APRIL 17, 2009

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Mind, Body, Your local health and

11 Ways to Shop Smart and Save Money By: Dipa Shah-Patel, MPH In the wake of the recession, Americans are starting to change their eating habits. Although some are heading for the dollar value menu at their favorite fast food restaurant, others are starting to discover the monetary (and health benefits) of cooking meals at home.

Below are some tips in order from the beginning of the food process to the end. You can take them as a group or just pick one and give it a try. 1. Before shopping, see what you have on hand, and use it. Letting food sit past the expiration date is a big money waster. You may have a complete meal or two sitting in your cupboard and not realize it. 2. Based on the food you have on hand, make a weekly menu. This step takes time, but it works. At first, try writing your menu for one meal during the week – for instance, dinners on weeknights. Involve

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wellness resource the whole family in the process. What do your kids or spouse want to eat this week? If your family helps write the menu, they will be more likely to stick with it. 3. Consider 1-2 meatless meals each week. Meat tends to be expensive compared to other protein foods, like nuts, beans, or tofu. Try veggie quesadillas with no-fat refried beans, cheese, and salsa. Whip up a quick vegetable stir-fry with chopped vegetables, extra firm tofu, and a little soy sauce. For a twist on a traditional favorite, try peanut butter and jelly on a toaster waffles or wrapped in a wholewheat tortilla. 4. Make a shopping list and stick to it. Using your menu as a guide, make a detailed list of the items you need. Having a list in the store helps reduce those “ummm, that looks good” impulse buys. 5. Use coupons for the items you already buy. The Sunday newspaper is still a good source for grocery coupons, and be sure to check the Website of the store you normally shop in for deals on the items you need. Try to resist buying an item solely because you have a coupon for it…if you end up not using the item, it is money wasted. 6. Have a snack before you go to the store. Grocery shopping on an empty stomach is a dangerous proposition – everything looks that much yummier. Nosh on an apple, banana, or a few baby carrots before you hit the aisles. 7. Park far away from the store entrance enjoy the extra walk. Okay, this one is not about saving money and you’ve heard it a thousand times. But every step you take is part of the active lifestyle you’re aiming for.

8. Use a loyalty card, but don’t be TOO loyal. Chain-specific loyalty cards can land you some good deals, but no one will know if you use more than one! Read the weekly store advertisements and look for the best deals. 9. Shop at large discount stores only for the items you will use. Warehouse-sized stores may offer good pricing, but only buy items you’re sure to use. You may want to share large-volume items with a friend or neighbor so you can both save. 10. Try the store’s signature brand. The store brand will usually cost less but will often be the same quality as nationwide brands. Why pay more if you don’t need to? 11. Along with fresh fruits and vegetables, try frozen and canned. All are similar in nutritional value, but frozen and canned are often less expensive than fresh. Buy fresh produce in season and keep an eye out for good deals. Buying direct from local farmers at Farmer’s Markets can lead to money savings, too. All it takes is a little planning and effort to make your food dollars go further. You’ll likely be eating healthier, too – something you’ll be thankful for now and in the years to come. Dipa Shah-Patel, MPH can be reached at dipa.shah@abcusd.k12.ca.us. Funding provided by USDA's Food Stamp Program, an equal opportunity provider and employer, helping limited income Californians buy more nutritious foods for a healthier diet. For information about Food Stamps, please call (877) 597-4777.

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Introducing

Artesian Well Church (located at Cerritos Elementary School) We are a friendly church where all are welcomed!

Pastor James P. Norman and wife Kathleen.

Great music, friendly atmosphere, easy to follow sermons, fun and exciting services.

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Free Hearing Aids to Essay Contest Winner Cerritos - Fidelity Hearing Center is sponsoring the 2009 Hearing Aid Essay Contest. May is Better Hearing Month and Fidelity Hearing Center is celebrating by giving away a pair of digital hearing aids. The contest is an opportunity for Dr. David J. DeKriek, founder of Fidelity Hearing Center, to continue to help those with hearing impairment. Fidelity Hear-

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May 09, 2009 and sent to: Fidelity Hearing Center 13079 Artesia Blvd., B-104 Cerritos, CA 90703 Winner is expected to be picked on May 13 and published in the Los Cerritos Community News. Winner must agree to have his or her story and photo published in the Los Cerritos Community News. About Fidelity Hearing Center Serving in the community of Cerritos, Dr. David J DeKriek, Au.D. of Fidelity Hearing Center has been providing audiology and hearing aid services for over ten years. Dr. DeKriek is Board Certified in Audiology and has extensive training in proper fitting of advanced hearing instruments. For more information, call 562.275.3602 or visit www.FidelityHearingCenter.com

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ing Center is the only audiology clinic in Cerritos and provides expert hearing care to the community. The contest asks that anyone who is suffering from hearing impairment, or friends or loved ones of someone who suffers from hearing impairment, to write an essay explaining why this person needs hearing aids and deserves to win. One pair of hearing aids will be given to the winner. Dr. DeKriek will provide all testing and services to insure proper fit and benefit. Starkey Laboratories has donated a pair of premium digital hearing aids which have state of the art feedback management and automatic directional speech detection. The contest will be judged by Catherine Gaughen, Executive Director of the Cerritos Regional Chamber of Commerce; Jim Edwards, Cerritos City Council Member and Former Mayor; and Dr. David J DeKriek, audiologist and owner of Fidelity Hearing Center.

Contest Rules • Essays may be written by a person who may be suffering a hearing loss or you may write an essay about someone else you feel needs a hearing aid. • Essays should include the reasons why a person needs hearing aids, and why a person would enjoy increased benefit from a free pair of hearing aids.

Los Cerritos Center kicked off Planet Recycle with a bang. Local schools, residents, guests walking through the mall all pitched in to donate aluminum cans and plastic bottles. On the first day three large metal bins were filled, an estimated 2,000 or more cans and bottles! Planet Recycle is a “green” collection drive for aluminum cans and plastic bottles. All local residents and businesses are invited to recycle their cans and bottles at the center anytime during mall hours from April 15 - 22. The event is being held in celebration of Earth Day 2009 (April 22) but it is also helping kids. All proceeds from the recycling of cans and bottles will be donated to John C. Fremont High School Safe Passage program. Safe Passage is a program that helps protect children in disadvantaged areas from gang violence as they travel to and from school. The center has a goal of raising $500 for the program. “Los Cerritos Center in partnership with our local communities and schools wanted to give back to a sister community. The opportunity to support Fremont High School’s Safe Passage program was just the right fit,” said Megan Richardson, marketing manager for the center. “It is kids helping kids, parents helping parents. We all want to see kids – no matter where they are from – get to school safely. And, collecting cans and bottles is an easy way to raise funds for a worthy program.”

Bowers Museum Presents Samurai Treasures From Japan

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COMMUNITY NEWS GROUP • APRIL 17, 2009 7 Greenview Resource Management, a with many pieces classified as Important local recycling company, is providing the Cultural Property and National Treasures. collection bins and is assisting with the reThe exhibition features various obcycling of all donated cans and bottles. But jects that are a testament to the accomthey need our help! Before bringing your plished level of society, education, and items to Los Cerritos Center please: skills developed by the samurai during the 10th and 20th centuries. Some objects 1) SEPARATE cans from bottles 2) Make sure to RINSE OUT cans and included are handcrafted swords, armor, tea-ceremony utensils, screen and scroll bottles paintings, Noh theatre costumes, and Main Court near The Body Shop Los Cer- other fine works. ritos Center 239 Los Cerritos Center Art of the Samurai: Selections from Cerritos, CA 90703 the Tokyo National Museum opens at the Bowers Museum on April 19, 2009, and remains on view through June 14, 2009, in the Anderson-Hsu-Tu Gallery.

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8 COMMUNITY NEWS GROUP • APRIL 17, 2009

Mayfair Athletic Director Heads to Valley Christian High School

Mr. Zac Chan will become the new Athletic Director at Valley Christian High School effective July 1. Prior to joining Valley Christian, Zac was the AD at Mayfair High School where during his 6-year tenure, Mayfair teams captured 36 Suburban league championships, 3 CIF titles, and 4 CIF runner-ups. In 2008, Mayfair was one of 10 athletic powerhouse high schools referred to Mr. Zac Chan as a "competitive

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Hawaiian Gardens' Chris Joflin Places First in Skate Board Completion

anomaly" by a public/private school committee in proposals to CIF. The designation was based on sports dominance over a 5-year period and also included Long Beach Poly, Dominguez and Orange Lutheran. Zac will take over a highly successful Valley Christian athletic program that has garnered 177 league championships, 29 CIF titles, 3 state runner-ups, 3 state titles, and one national championship (girl's volleyball 1998). Co-Principal Mike Wunderley says, "Valley Christian has built an outstanding tradition of athletic success and we believe Zac's impressive record at Mayfair and his reputation for excellence will result in continued success for Crusader Athletics." Before rising to the post of AD, Zac's record of success also includes 11 years as head varsity boy's volleyball coach where he achieved 7 league titles and 1 CIF championship. Zac also has assistant coaching experience in varsity football and varsity baseball.

Cerritos College’s Sports Information Director Receives Award John Van Gaston, sports information director at Cerritos College, received the annual Brass Top award on April 1 at the California Community College Athletic Association (CCCAA) convention in Ontario, California . Sponsored by the California Community College Sports Information Association (CCCSIA), the award recognizes career achievement in sports information. “I’m very humbled to receive this award because we all work very hard at what we do,” said Van Gaston. “I suppose the other SID’s felt I was worthy this year because of all the extra work I put in with the state tournaments last year. In addition to serving as part of the stat crew for the men’s and women’s basketball state

UPCOMING CHAMBER EVENTS

The Hawaiian Gardens City Council presented Certificates of Recognition to members of the city’s Clarkdale Park Skate Boarding Team for their participation in the City of Bell Gardens Skate Competition held on March 14. Seven other cities competed. Chris Joflin, age13, places first in his age category. The team also placed third in the overall best category. The skater’s were selected by the city’s Recreation Staff from youngsters who regularly skate board at the park and a chance to win a Red Bull Scholarship and compete against other teams. Other members of the team were Cruz Galin, Frank Valencia, Mathew Armstrong, Angel Garcia, and Rodrigo Roja. championships, I also served as the state’s media representative for the wrestling, baseball, men’s and women’s tennis and men’s and women’s track and field state championships.” Van Gaston, who has served as the college’s Sports Information Director for the last 23 years, was nominated and voted for by the fellow sports information directors throughout the state. Some of his duties include providing all of the information on the website for the college's 19 intercollegiate teams, writing, editing and overseeing all aspects of the media guides for all of the teams,

which are used as recruiting tools for the coaches, supervising the press box for all home football games, as well as attending all home events and numerous road games. He also follows the successes of former Falcon athletes and writes press releases about their accomplishments. "Over the past 23 years he has worked tirelessly for the college and has constantly put in extra work not only for the college but also for the entire state," said Dr. Dan Smith, instructional dean of physical education/athletics. "His selfless commitment and dedication are attributes that support this tremendous recognition."

Hawaiian Gardens La Quinta Inn Nears Completion

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COMMUNITY NEWS GROUP • APRIL 17, 2009

Commentary State’s Financial Stability to be Determined by Voters on May 19 In only a few weeks, California voters will be going to the polls again in a special election to help determine the state’s economic future. On the ballot will be Propositions 1A-F. Voters will soon be receiving mailers, phone calls, and television and radio messages in support or in opposition to them. Voters may think that the state legislature had already done their job by finally balancing the budget after a lengthy delay, but the state is not out of the economic woods yet unless the propositions are approved on May 19. In opposition are groups such as the Cerritos Chamber of Commerce that voted unanimously to oppose all of the measures at their recent Government Affairs Council meeting on April 15. Another group includes the Republican Party of Sonoma which states that the measures are set up as a “family” with letters A through F to produce confusion among the voters, making it more difficult for them to remember which to favor and which to oppose. They say, “It’s a way of getting voters to vote on the ‘package’ without looking carefully at the contents. Unfortunately, some will fall for this calculated ruse.” They think it’s not just the ballot numbering that is a ruse. They believe that “California voters are facing a barrage of unparalleled falsehoods and misrepresentations.” They also are convinced that proponents of these “bogus” measures, who called for a May vote, are now hoping for a low voter turnout. Their final advice to the voters—“Do not be bamboozled!” At a recent meeting, the board of the League of California Cities, a non-profit statewide association that advocates for

cities with the state and federal governments, supported the propositions. “We are in agreement with a broad coalition of prominent statewide business, taxpayer and public safety groups, as well as a bipartisan group of current and former state and local elected officials. who also support these measures.” League President Judy Mitchell stated, “As city officials, our most important job on state financial matters is to protect local government revenues. The difficult decision to support these ballot measures reflects our conviction as city leaders that the short-term and long term interests of cities and the entire state will be better served if these measures pass.” Mitchell concluded that “cities have long maintained that the state should face up to its fiscal challenges by making the tough choices required to balance the state budget with state funds, rather than irresponsibly taking or ‘borrowing’ funds needed for community services. These ballot measures and the budget they implement represent a bipartisan effort that reflects the philosophy at a time when city services are already being cut deeply due to the recession.” League First Vice President Ken Cooley observed,” For me, the bottom line is that ultimately city public safety, transportation and other essential local services will be more stable if the state’s finances are more predictable. That is why I believe it’s critical to support these ballot measures.” Proposition 1A attempts to change the California budget process, to limit state spending, and to increase a “rainy day” budget stabilization fund. Proposition 1B alters the repayment schedule for schools and community colleges owed Proposition 98 funds by the state, and it attempts to protect their

funding after state revenues rebound. Proposition 1C allows the state to borrow money for the General Fund based on future profits from the state lottery. Proposition 1D attempts to protect children’s service funding and to help balance the state budget by temporarily shifting cigarette taxes away from the California Children and Families Program and into the General Fund. The measure also eliminates the state’s First 5 Commission and uses money for the General Fund. First 5 is a California Commission that provides support services for children up to age 5 supported through a tax on cigarettes. Proposition 1E amends the added tax on higher incomes for mental health services from 2004’s Proposition 63 to change which mental health programs are funded. Excess money from Proposition 63 would be directed to the General Fund expenses for mental health services. Proposition 1F forbids the California Citizens Compensation Commission to increase legislators’ and state officers’ salaries when the state is running a deficit. As part of his decision to vote for the compromised budget package that included $14 billion a year in new taxes, state senator Abel Maldonado (R-Santa Maria) required the approval of Proposition 1F for the May 19 Special Election Ballot.

If voters oppose any one of the measures, with the exception of 1F, it means that the legislature will be going back into session once again to work on alternative proposals in hopes of balancing the budget. There are no guarantees if and when they will succeed. It still takes 121 individuals working together to balance a budget—80 assemblymembers, 40 state senators and a governor, along with thousands of lobbyists and special interest groups that will be pressuring them to vote their way.

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Metro Briefs GATEWAY CITIES

Metro Unveils LA’s Largest Solar Project There’s a lot more than just a roof over Metro’s downtown LA maintenance facility. Some 6,720 solar panels generating 1,000 kilowatts of electricity are atop Metro’s Support Services Center, the largest solar project in LA. That and other “green” improvements will cut the facility’s $1.1 million annual energy bill by 50%.

Here, There, Almost Everywhere – Line 127 Metro Local Line 127 has Downey, Bell?ower and Compton covered, helping you save time during your rush hour commute. Let Line 127 be your connection to Downey Community Hospital, Stonewood Shopping Center, Metro Rail and Metro Rapid. Find the timetable at metro.net.

Now...Go Metro with TAP Metro is replacing its paper passes with TAP, the eco-friendly fare card you can use again and again. TAP recently replaced Metro’s disposable paper Day Pass. Please remember that Senior, College/Vocational and Students need to submit a new application for a TAP card to continue receiving their discounts. Learn more at metro.net.

Metro Service Council Meets In Downey Improve transit service in your community. Plan on attending Metro Gateway Cities’ governance council meeting on Thursday, May 14 at 2pm, returning this month to The Gas Company, 9240 Firestone Boulevard, Downey. For information, search for “Metro Gateway Cities” at metro.net.

Sign Up For Bike To Work Day It’s time to put away the rain coat and get out the bike helmet. Start training now for Bike To Work Day on Thursday, May 14. Pledge to join in and be eligible to win biking accessories and other prizes. You and your bike also ride free on Metro that day. To register or learn more, visit metro.net/biketowork.

If you’d like to know more, please call us at 1.800.464.2111, or visit metro.net.

GAT-CE-09-011 ©2009 LACMTA

By Larry Caballero

9


10 COMMUNITY NEWS GROUP • APRIL 17, 2009

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Area Cities Hold Easter Egg Hunt By Jerry Bernstein

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To the north of the Church, Hawaiian Gardens was preparing the field at Ferguson Elementary School for the city’s annual Easter Egg Hunt. Festivities included an egg hunt that was divided into different age groups, a pony ride, petting zoo, jumpers, and face painting. Every youngster who participated received a ticket for a free hotdog. In Cerritos similar activity was held at the County Regional Park. Like Hawaiian Gardens, the Easter Egg hunt was divided into different age groups. 18 months to two years, three to five years, six to eight years and nine to 11 years. Activities included a crafts area, face painting, three jumpers, a family fun zone, sack races plus visits with the Easter Bunny who presided over all three events. The City of Artesia held its Easter Egg Hunt festivities on the previous Saturday, April 4 from noon to 3 p.m. at Artesia Park. It too divided the egg hunt into age groups. In addition too the Hunt, games were also provided for the youngsters along with hotdogs to ease their appetite. In all four locations, adult supervisions was encouraged for the youngsters five years and younger.

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COMMUNITY NEWS GROUP • APRIL 17, 2009

Hawaiian Gardens Council Awards Street Paving Contract

Mayor Pro Tem Victor Farfan asked Principal Jeff Green what exactly the funds would be use for. Green said the donation would help fund and supplement student body activities such as the annual Prom, Yearbook, and Cerritos Center for the Performing Arts, Cerritos College visitations, Graduation and Grad Night, scholarships By Jerry Bernstein and a variety of daily on-campus school day events. The school serves more than 900 stuThe Hawaiian Gardens City Coundents each year and approximately 30 cil approved a contract in the amount of percent of the students are from Hawaiian $532,293.80 with All American Asphalt Gardens. Nearly 50 percent of the students are from families that are financially disadvantaged as measured by their eligibility for the Federal Free Lunch Program. The Council also approved a $5,000 donation to Melbourne Elementary School for various field trips. Each grade level at the school Members of the Hawaiian Gardens beginner Krate Class led the Pledge of Allegiance at the April 14 Hawaiian Gardens City Coun- will receive $714. Without the funds cil meeting. Under the direction of Eli Jimenze. some students would not be able for pavement and rehabilitation of vari- to participate in the fieldtrips. The Council noted that while the ous streets on Bloomfield Avenue between Carson Street north to Hawaiian Gardens school is located in Lakewood, of the 605 students enrolled at Melbourne 531 live in city limits. The project consists of replacement of Hawaiian Gardens. The donation will be curb ramps, driveway approaches, side- used for entry fees for the fieldtrips. walk, curb and gutter, AC pavement and striping. City Councilman John Heckerman commented Hawaiian Gardens was one of the few cities’ that didn’t have potholes in its streets and congratulated the Community Development Department for staying on top of it. In other business the Council approved a donation of $5,000 to Tracy High School.

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Sheriff Deputy Gary Novelich Honored by Cerritos Optimists

The Cerritos Optimist Club at its annual Respect for Law Program awarded Sheriff Deputy Gary Novelich a Certificate of Recognition for outstanding service to the community. Novelich said he has learned a lot since graduating from the Sheriff’s Academy and plans to make law enforcement his career. He was selected by his peers at the Cerritos Sheriff Station for taking the lead in utilizing new technology such as using a new type cell phone to take fingerprints in the field. With him are [l-r] Deputies Clint Duran, Frank Cordova, Robert Long, Optimist President Maynard Law, Deputy Novelich, Captain Joe Gonzles, Deputy Pedro Echeverria, Sgt. Grayson Kline, and Lt. Gary De Cew.

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12 COMMUNITY NEWS GROUP • APRIL 17, 2009

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• Covering Artesia, Cerritos, Gahr, John Glenn, Norwalk, Santa Fe, St. Linus, Valley Christian & Whitney High Schools •

Gonzalez Shuts Down John Glenn, Helps Norwalk Complete Season Sweep By Loren Kopff As Norwalk first-year head coach Ruben Velasquez was keeping one eye on his daughter, who plays for the Lady Lancers softball team, his other eye was on his baseball team and especially senior pitcher Jerry Gonzalez. While we wasn't surprised of the outcome, he did find it odd that the baseball game finished before the softball game, something that happens on a very rare occasion. Gonzalez went the distance for the third time this season and scattered four hits as the Lancers blanked John Glenn 8-0 to wrap up its weekly sweep of the Eagles for the first time since 2006. Having fallen to their city rivals in three of the past four meetings, Norwalk has now won 14 out of the past 20 league encounters against Glenn this decade. Norwalk also knocked off the Eagles 6-4 earlier this season in the championship game for the Montebello Tournament. "Going into the summer we had some struggles and in the winter, we had some struggles," Velasquez said. "We still didn't know if this was going to be it but they bought in [to my philosophy]. In January, I started to see a big difference in them and it started to coma together. They're understanding how to follow a plan." Including a 7-5 victory at Cerritos this past Tuesday afternoon, the Lancers improved to 9-3 overall and 4-1 in the Suburban League and already have one more victory than all of last season. Velasquez, which has stressed defense more than anything this season, says he is going back to the basic fundamentals. So far it has worked as Norwalk has made seven errors in the nine victories. Against the Eagles, the surprise team of the league in 2008, the visitors wasted little time in pushing around Glenn junior hurler Juan Vera. Gonzalez led off the top of the second inning with a single and after senior catcher Nick Landaros reached on a fielder's choice and advanced on an error, senior designated hitter Anthony Lopez drove in both runners with a double to the right field fence. Lopez would later score on the second of four errors committed by the home team. In the next inning with one out, Vera walked junior first baseman Johnathan Villalpando and Gonzalez before striking out senior left fielder Randy Garcia. But two

pitches later, he hit Landaros and it would cost him because Lopez followed up with another two-run base hit. With the Lancers in control with a 6-0 lead, the rest was up to Gonzalez. He retired the first eight batters of the game before yielding consecutive base hits to sophomore left fielder Juan Rojas and Vera. Rojas would be the only runner to reach second base in the game as Gonzalez threw 95 pitches, struck out four and walked none. In fact, he reached a threeball count only three times. "I told my guys we don't have those kind of pitchers who are going to throw the one-hitters or rack up 11 or 12 strikeouts a game," Velasquez said. "I don't want my guys to be that way. I want my defense involved; I want them to stay involved and understanding bunt coverages and all aspects of the game. Unfortunately we didn't get to do a lot of that today." Gonzalez (3-1) and Villalpando are already becoming the school's best pitching tandem since 1999 when Luis Trinidad and Jesus Uriarte combined to go 12-6 and throw 11 complete games in a season where the Lancers went 16-12, finished third in the league and advanced to the quarterfinals. Villalpando began the week going the distance in all five of his decisions, which have gone for victories. Norwalk will participate in the St. Paul Tournament beginning on Saturday and once school resumes following the spring break, the Lancers will have Artesia, Mayfair and La Mirada on the docket in consecutive home and home matchups. "I'm happy with where we're at," Velasquez said. "I get a little bitter when I think back about the three losses that we have. I don't want to say, 'would have, could have, should have' but it's a learning lesson that the boys need to go through and see how hard we need to continue to work." The same sentiments can't be said for the Eagles who have won just four games in 11 tries entering this past Tuesday's game against Artesia. Glenn has struggled virtually all season and the four victories have come against their opponents' third or fourth starters. Defensively, the Eagles have given up an average of just over five runs a game. "I'm disappointed in the lack of effort," said John Glenn head coach David Cruz. "We don't have any energy playing on the field. We don't have a lot of confidence; our pitchers get frustrated. All of those things combined just equals a five-game losing streak. Until we get that confidence back, until we get a couple of people who want the ball, we're going to struggle." The Eagles were successful last season because of a combination of good pitching and even better hitting. This season, Vera

and senior Efrain Ramirez have struggled on the mound and the hitting hasn't been close to what is was in 2008. Glenn also had a chance to sweep the mighty La Mirada Matadores before the Norwalk series. But the pitching staff gave up a total of eight runs in the sixth and seventh innings combined of the two games. The Eagles will also be in the St. Paul Tournament, then close the regular season with home and home meetings against Bellflower, Cerritos and Mayfair. "I'm such a believer in attitude can overcome failure and we just haven't bought into that yet," Cruz said. "Once we do, I think we can make the playoffs and be a contender. We have good pitching and we should have good fielding."

Young Lady Dons Making Progress, Staying Positive Despite Lopsided Results By Loren Kopff ANAHEIM-Rome wasn't built in one day and Bob Medina knows he's not going to turn the Cerritos softball team into Suburban League champions in one season. But the first-year head coach, who has a proven winning resume with the Artesia Punishers travel ball team among other teams he has coached in the past, is making the most of a young team that has started as many as six freshmen in any given game. Following a 5-4 victory over Orange to wrap up pool play action in the third annual Katella Tournament last Saturday morning, the Lady Dons were playing for fifth place when they met Mira Costa. But for the fifth time this season, Cerritos pitching gave up at least 10 runs; this time it was a 12-2 setback. But even with a 4-9 record entering the back end of a home and home series with Norwalk (Apr. 9), Medina and his squad still has eyes on a possible playoff berth. "I think we have come a long way," Medina said. "I believe that even a loss like this is a good learning experience. Everyday we play is something better for the kids. I think we're on our way." Mira Costa touched up freshman pitcher Drianna Drulias for eight runs in the first two innings and led 11-0 before the Lady Dons averted what would have been their sixth shutout. In the bottom of the fourth, freshman catcher Sarah Smith singled to left and advanced to second on

a base hit from freshman shortstop Alyssa Marquez. Both runners would steal a base, then score on sophomore second baseman Nicole Rosenburger's second hit of the game. Those would be the only three hits of the game for Cerritos, which started five freshmen, two sophomores, a junior and a senior against the Mustangs. "A lot of times when they're behind and they're really fired up, they evaluate [the situation]," Medina said. "I think they come out just like every young team and evaluates the other team right off the bat and says, 'oh we can beat them'. I think they're challenging the better teams better than they're challenging the teams that are equal to us." Earlier in the day, Cerritos blew a 2-0 first inning lead but pushed across two runs in the top eighth inning and held on for the narrow victory. Rosenburger drove in a pair of runs and had a hit while Drulias, Smith, sophomore Kassandra Torres and freshman Jessika Castaneda also picked up one hit each. In the circle, Drulias has shown signs that she is the future of Cerritos pitching, sharing time with senior Megan Smith. Drulias has three of the four victories and has been the pitcher of decision the last four games. "Drianna has been doing an awesome job," Medina said. "She's just fired up and wants to do it. When she misses her pitches, she comes in the dugout and says so." Offensively, high praise has already been given to Adams, Rosenburger and Smith, who is a lanky athlete that has been situated in the leadoff spot and can hit for power as well as be a rabbit on the base paths. On Mar. 28 in a pool play game against South Hills, Smith went three for three and drove in two runs in a 9-3 loss. The previous day, she hit two home runs at Artesia, one of which was an inside the park roundtripper. The Lady Dons will spend their spring vacation participating in the Whittier Christian Tournament, then face defending league champion La Mirada in a home and home series. The team wraps up the season playing John Glenn and Bellflower, a pair of teams that on paper, look to be winnable for the black and gold. "I think this team can make some noise," Medina said. "I believe this team could upset somebody if they take us lightly." Cerritos Newspaper-3 times more papers in our delivery area than the Long Beach Press-Telegram.... yet we cost 2/3 LESS! 562.407.3873

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Sanchez

Continued from page 4 wife and I plan family outings and have a "date night" for just the two of us, no kids. There is also counseling, one on one and family. There may not be laws against "cyberbulling", "textual harassment" and "sexting" specifically, and this method may be a novel one, how about enforcing the laws that are already on the books?! How about charging Lori Drew with murder? Because from what I've read and heard, that is exactly what Lori Drew committed, murder. No one is above the law! You commit a crime you suffer the consequences! But another "act" to put on the backs of tax paying citizens for "cyberbulling" "textual harassment" and "sexting"?! True, the concept of those did not exist a few years ago. Neither did the concept of bailouts for companies "to big to fail", double digit unemployment, foreclosures, repossessions and sales tax rates or TRILLION DOLLAR deficits! I don't know why I am surprised that ANOTHER liberal Democrat would propose ANOTHER tax increasing measure on the citizens instead of suggesting to enforce laws already established! Or the fact the liberal Democrat controlled Congress would want to regulate the internet like they are the auto, investment, banking and now possibly the insurance businesses of the, in name only, "private sector". When are you politicians, Democrats AND Republicans, going to remember you work for us, the people, the citizens of the United States of America? When are you going to stop having a TOTAL disregard for the Constitution, the Declaration of Independence and the Bill of Rights?! When are you going to remember the principals that were used by our forefathers to found the greatest country EVER?! Don Harrell Cerritos

Economy

Continued from page 4 were placed on the Ballot for voters to place write in candidate names, and at least 20 voters marked their ballot in that “bubble.” So, in an election that was decided by 15 votes, at least 25 to 30 people voted for candidates who did not exist, and to me that is a bizarre commentary on how we conduct election here in our community. All election ballots need to be made as simple as possible so no voter mistakes take place. The Voters in Norwalk should never allow any ballot to be used as was the one that was foisted upon them in the March 3rd City Council election. Los Angeles Mayor Antonio Villiargrosa even got a “write in vote” in Norwalk, as did, many other people whom neither you nor I have ever heard of. Santa Claus got a vote. Snoopy and Arnold have a fan or two in Norwalk, as was someone called

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COMMUNITY NEWS GROUP • APRIL 17, 2009 “DMA,” and on and on and on and on. Five people voted for ALL THE CANDIDATES on the ballot, and a many voted for ALL of the FOUR challengers instead of just TWO. In my opinion, regardless of HOW people voted in Norwalk, enough people voted in such a way that the outcome of the election may NOT have been the way the Voters intended to vote. Recounts in elections are rare these days. This past March 3rd election, in nearby Rosemead, a candidate won by 3 votes, and more than 100 ballots are heading to Court for a Judge to determine voter “intent” and “the will of the voter.” Last year, my longtime friend Larry Forrester, a Councilman in Signal Hill, won re-election by ONE vote. The last Recount in Norwalk occurred in 1986 when community activist Grace Musquiz Napolitano won by 28 votes over Incumbent Councilman Lou Banas. Coincidentally, I ran the campaign for Napolitano in 1986, and that election was also the subject of a Recount. All of us need to make sure that every ballot is counted, legally and correctly and by the letter of the law, PERIOD! No one should stand on the side line during ANY election to see how and if our votes are counted. No one should ever tolerate voter fraud. In Norwalk, many Vote by Mail ballots were tossed out because the signatures were obviously not of the voter who requested the ballot. It is a crime to vote illegally here in California, such as being registered and voting under two different names, to be registered to vote in vacant lots, voting for a dead person, and on and on. I can only hope that these incidents or voter fraud can one day be prosecuted under the fullest extent of the law. What do you think? Drop me a note. Randy Economy, rreconomy@cerritosnews.net.

Resolution

Continued from page 1 including, but not limited to walls, utility equipment and storage facilities, that would prevent the parking of vehicles. One angry resident said he owned his house and the city was stepping over the line in telling him what he could do inside his garage. Another homeowner said most of the homes in Cerritos were built in the 1970’s, with garages to small to park campers and the larger SUV’s/ and or vehicles in them. The city needs to upgrade the building code related to garages to accommodate today’s vehicles. It was also noted that most homes in Cerritos do not have sufficient setbacks from their property line to park vehicles in side yards. One woman said her son is in a wheel chair, and the proposed ordinances would make it very difficult for him to getting in and out of his vehicle because extra space is needed for the lift. Driveways are defined in the code as having a minimum length of 20 ft. in front of the garage entrance within the property

boundaries, a setback of at least three feet from the closest property line to form a landscape planter, and a maximum width of 25 ft. for a two-car garage and 35 ft. for a three-car garage. Cary said the code changes would only be implemented in cases where residents were completing a project that requires planning approval including but not limited to new home construction, room additions larger than 900 sq. ft. and driveway upgrades/replacement, and would not retroactively apply to residents currently not in compliance. The Council approved two sections of the ordinance changes. These included rules governing use of garages and prohibiting permanent construction within the garage that may preclude vehicle parking, and major vehicle repairs in the driveway. The Council sent back to the Planning Commission proposals concerning the width of the driveway parking and the proposed landscape planter separating the parking area from the walkway leading to the house for further review. In other business the Council approved a five-year extension to a lease agreement between the Cerritos Redevelopment Agency and the Los Angles County Metropolitan Transportation Authority [MTA] for property located west of Studebaker Road south of Artesia Boulevard and east of the 605 Freeway. The original agreement was set to expire in August 2010. The property will be used for auxiliary parking for a proposed hotel adjacent to the north of it. The lot size is 32,400 sq. ft. The property was formerly owned and operated by Southern Pacific Railroad. The Council sent back to the Fine Arts and Historical Commission a proposal for a sculpture to be located adjacent to the outside wall of the Sculpture Garden fronting on 183rd Street. The Commission said, in its recommendation to the Council, a sculpture located there would promote public awareness of the Garden from both vehicular and pedestrian traffic. The Commission asked direction from the Council. However, the council could not decide whether there was room at the proposed site and whether it would be better to place a more substantial sculpture inside the park.

Artesia

Continued from page 1 and the newly formed association order of business action items to select officers, meeting dates and times and meeting locations. Mayor Pro Tem Tony Lima said papers have been filed with the Secretary of State Office in Sacramento. Asked if this could be a procurer to forming an Artesia Chamber of Commerce, he said only time would tell. The Council deferred action on a request from Consolidated Disposal Service for an increase of 10 percent in residential and commercial refuse collection for the fiscal year 20092010 effective July 1. The increase is based on the Consumer Price Index [CPI] and disposal tipping costs and comes under the terms and conditions of the franchise agreement. In a letter to the city, Consolidated said Los Angeles County Sanitation District cost to dispose of solid waste in 2007 was $26.21 per ton. In 2009 the cost rose to $33.86 per ton Council members felt in lieu of the recession and economic conditions as a whole, they would like the increase to be made in two payments of five percent each. They referred it back to the City Manager to renegotiate the increase to that effect. Currently a single family resident pays $19.10 a month. This would be increased to $21.04. Mobile Home units pay $17.12, which would be increased, to $18.86. In other business the Council approved a contract with the firm Ca-

13

poricci & Larson, CPAs for auditing services for 2008/9 through 2010/11. Bids went out to seven firms. In her report to the Council Dadian said one didn’t respond and a second declined. Caporicci & Larson was the low bidder of the remaining five. Deputy City Manager/Finance Officer Justine Menzel said Caporicci & Larson also offered a “significant” discount to assist the City in addressing the challenges of the financial crisis. The Council approved the hiring of Gloria Considine as the fulltime City Clerk/ City Treasurer. Considine was hired Nov. 20 to temporarily fill the position following the resignation of her predecessor who accepted a similar position with another city. A contract for service road pavement reconstruction was awarded to D.P. Mangan DBA Pave West, Inc. in the amount of $213,327. Sixteen bids were solicited with the high bid coming in at $360,293.94. The service roads to be improved are between Seine Avenue and Devlin Avenue, from 183rd Street to 186th Street and between Elaine Avenue and Grayland Avenue and 183rd Street to Ashworth Street. The improvements are part of the city’s on-going pavement rehabilitation program for service roads and are jointly financed by Proposition 18 Funds and the Safe-Route-to School [SR2S] Program awarded to the City by Caltrans for the fourth time within a seven-year funding period.

Maria

Continued from page 5 immigrated to the United States and settled in California. Ten years later Maria married her fiancé Gregorio Rivera in 1927. After raising a son and daughter, Maria and her husband made their last move to the City of Hawaiian Gardens in 1937. Since their move, Maria and her family started a tradition of having a tamale dinner every Christmas. This tradition has stayed alive since 1937 and although her husband and daughter have passed away, she continues to embody the tradition of this large family gathering. Maria has six grandchildren, 18 great grandchildren, and 28 great-great grandchildren. In addition to her unique family tradition, Maria has since been an active participant in the nutrition program which she enjoys enormously since she gets to be with friends. She was also a regular participant in the ceramics class held at the city’s C. Robert Lee Activity Center when Mary Rodriguez was in charge, belonged to the Hawaiian Gardens Senior Club, and now the Golden Age Senior Club with whom she celebrated her 105th birthday on Mar. 17. “She really enjoyed herself being with her friends,” said her granddaughter Veronica. Congratulations to the city’s Golden Age Senior Club member, Maria C. Rivera for 105 years of happy living.

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14 COMMUNITY NEWS GROUP • APRIL 17, 2009

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562.860.0450 Trustee Sale No. 08-17457 Title Order No. 33-80032155 APN 7050-017-017 NOTICE OF TRUSTEE’S SALE YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 10/26/2006. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDINGS AGAINST YOU, YOU SHOULD CONTACT A LAWYER. On 4/30/2009 at 10:30AM, Old Republic Default Management Services, a Division of Old Republic National Title Insurance Company as the duly appointed Trustee pursuant to the Deed of Trust Recorded on 11/08/2006 as Instrument No. 06 2478381 of official records in the Office of the County Recorder of Los Angeles County, California, executed by: TEOFILO SISON JR, A SINGLE MAN as Trustor, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as Beneficiary, Will Sell At Public Auction To The Highest Bidder For Cash (payable in full at time of sale by cash, a cashier’s check drawn by a state or national bank, a check drawn by a state or federal credit union, or a check drawn by a state or federal savings and loan association, savings association, or savings bank specified in section 5102 of the Financial Code and authorized to do business in this state). At: At the front entrance to the Pomona Superior Courts Building, 350 West Mission Blvd., Pomona, CA, all right, title and interest conveyed to and now held by it under said Deed of Trust in the property situated in said County, and state, and as more fully described in the above referenced Deed of Trust. The street address and other common designation, if any, of the real property described above is purported to be: 11552 GONSALVES STREET, Cerritos, CA 90703 . The undersigned Trustee disclaims any liability for any incorrectness of the street address and other common designation, if any, shown herein. Said sale will be made in an “AS IS” condition, but without covenant or warranty, expressed or implied, regarding title, possession, or encumbrances, to pay the remaining principal sum of the note(s) secured by said Deed of Trust, with interest thereon, as provided in said note(s), advances, if any, under the terms of the Deed of Trust, estimated fees, charges and expenses of the Trustee and of the trusts created by said Deed of Trust, to wit: $538,776.03 (Estimated) Accrued interest and additional advances, if any, will increase this figure prior to sale. It is possible that at the time of sale the opening bid may be less than the total indebtedness due. The Declaration pursuant to California Civil Code, Section 2923.5(a) was fulfilled when the Notice of Default was recorded on 11/10/2008. Date: 4/3/2009 Old Republic Default Management Services, a Division of Old Republic National Title Insurance Company, as Trustee 500 City Parkway West, Suite 200, Orange CA 92868-2913 (866) 263-5802 For Sale Information Contact: Priority Posting and Publishing (714) 573-1965 Layne Lambert, Assistant Secretary “We are attempting to collect a debt, and any information we obtain will be used for that purpose.” P554558 4/10, 4/17, 04/24/2009 20090555314 FICTIOUS BUSINESS

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NOTICE OF TRUSTEE’S SALE TSG No.: 3581694 TS No.: 20089017100141 FHA/ VA/PMI NO.: YOU ARE IN DEFAULT UNDER A DEED OF TRUST, DATED 07/12/2007 UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER. On 04/29/2009 at 10:00 A.M., FIRST AMERICAN LOANSTAR TRUSTEE SERVICES, as duly appointed Trustee under and pursuant to Deed of Trust recorded 07/20/2007, as Instrument No. 20071719030, in book, page, of Official Records in the Office of the County Recorder of Los Angeles County, State of California. Executed by: Lissette Sanchez will sell at public auction to highest bidder for cash, cashier’s check / cash equivalent or other form of payment authorized by 2924h(b). (payable at time of sale in lawful money of the United States) At the west entrance to the Los Angeles County Courthouse, southeast district, 12720 Norwalk Boulevard, Norwalk CA. All right, title and interest conveyed to and now held by it under said Deed of Trust in the property situated in said County and State described as: as more fully described in the above mentioned Deed of Trust. APN# 7006-002019. The street address and other common designation, if any, of the real property described above is purported to be: 13427 Naoma Ln., Cerritos, CA 90703. The undersigned Trustee disclaims any liability for any incorrectness of the street address and other common designation, if any, shown herein. Said sale will be made, but without covenant or warranty, expressed or implied, regarding title, possession, or encumbrances, to pay the remaining principal sum of the note(s), secured by said Deed of Trust, with interest thereon, as provided in said note(s), advances, under the terms of said Deed of Trust, fees, charges and expenses of the Trustee and of the trusts created by said Deed of Trust. The total amount of the unpaid balance of the obligation secured by the property to be sold and reasonable estimated costs, expenses and advances at the time of the initial publication of the Notice of Sale is $757,051.03. The beneficiary under said Deed of Trust heretofore executed and delivered to the undersigned a written Declaration of Default and Demand for Sale, and a written Notice of Default and Election to Sell. The undersigned caused said Notice of Default and Election to Sell to be recorded in the county where the real property is located. First American Title Insurance Company LoanStar Mortgagee Services, L.L.C. 3 First American Way Santa Ana, CA 92707 Date: 04/03/2009 For Trustee’s Sale Information Please call 619-590-1221 LoanStar Mortgagee Services, L.L.C. may be acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose. Requirements of SB1137 have been met pursuant to the Notice of Sale Declaration of record. Authorized Signature: Chet Sconyers 04/09/09, 04/16/09, 04/23/09 R-228639

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714.269.0583 NOTICE OF TRUSTEE'S SALE TS No. 09-0000328 Title Order No. 09-8-001157 Investor/Insurer No. 138345503 APN No. 7025-019-023 YOU ARE IN DEFAULT UNDER A DEED OF TRUST, DATED 06/05/2006. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER." Notice is hereby given that RECONTRUST COMPANY, as duly appointed trustee pursuant to the Deed of Trust executed by SANGJIN OH, AN UNMARRIED MAN, dated 06/05/2006 and recorded 06/15/06, as Instrument No. 06 1315985, in Book -, Page -), of Official Records in the office of the County Recorder of Los Angeles County, State of California, will sell on 05/01/2009 at 10:30AM, At the West side of the Los Angeles County Courthouse, directly facing Norwalk Blvd., 12720 Norwalk Blvd., Norwalk, CA. at public auction, to the highest bidder for cash or check as described below, payable in full at time of sale, all right, title, and interest conveyed to and now held by it under said Deed of Trust, in the property situated in said County and State and as more fully described in the above referenced Deed of Trust. The street address and other common designation, if any, of the real property described above is purported to be: 12411 FELSON PLACE, CERRITOS, CA, 907038308. The undersigned Trustee disclaims any liability for any incorrectness of the street address and other common designation, if any, shown herein. The total amount of the unpaid balance with interest thereon of the obligation secured by the property to be sold plus reasonable estimated costs, expenses and advances at the time of the initial publication of the Notice of Sale is $552,101.15. It is possible that at the time of sale the opening bid may be less than the total indebtedness due. In addition to cash, the Trustee will accept cashier's checks drawn on a state or national bank, a check drawn by a state or federal credit union, or a check drawn by a state or federal savings and loan association, savings association, or savings bank specified in Section 5102 of the Financial Code and authorized to do business in this state. Said sale will be made, in an ''AS IS'' condition, but without covenant or warranty, express or implied, regarding title, possession or encumbrances, to satisfy the indebtedness secured by said Deed of Trust, advances thereunder, with interest as provided, and the unpaid principal of the Note secured by said Deed of Trust with interest thereon as provided in said Note, plus fees, charges and expenses of the Trustee and of the trusts created by said Deed of Trust. DATED: 04/10/2009 RECONTRUST COMPANY 1800 Tapo Canyon Rd., CA6914-01-94 SIMI VALLEY, CA 93063 Phone: (800) 281 8219, Sale Information (626) 927-4399 By: - Trustee's Sale Officer RECONTRUST COMPANY is a debt collector attempting to collect a debt. Any information obtained will be used for that purpose. ASAP# 3036486 04/10/2009, 04/17/2009, 04/24/2009

20090555314 FICTIOUS BUSINESS

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Real Estate

Hearing/Audiology

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SMALL BUSINESS CPA’S CONSULTING 562 402-4700

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CITY OF ARTESIA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT the Planning Commission of the City of Artesia will hold a Regular Planning Commission Meeting in the City Council Chambers of the Artesia City Hall, 18747 Clarkdale Avenue, Artesia, California at 7:00 p.m. on Tuesday, April 28, 2009, to conduct a Public Hearing to consider the following item(s): Case No. 2009-08

Variance 11841 178th Street

Paul Kim, 6281 Beach Blvd, Ste. 219, Buena Park CA 90621 A request for a variance approval to allow an eight foot tall fence for the property located at 11841 178th Street in the Single Family Residential (R-1) Zone. Resolution No. 2009-09P Case No. 2009-09

Design Review 11705 Arkansas Street

Jack Ferris, 5140 Atherton #41, Long Beach CA 90815 A request for design review approval for exterior improvements to the subject site located at 11705 Arkansas Street in the Light Manufacturing and Industrial (M-1) Zone. Resolution No. 2009-10P Case No. 2009-10

Design Review 16809 Pioneer Boulevard

Sign Development Inc., 1366 W. 9th Street Upland CA 91786 A request for design review approval to reface the existing “Express Fuel” signs to “Valero” for the property located at 16809 Pioneer Boulevard in the Commercial General (C-G) Zone. Resolution No. 2009-11P If you challenge any of these proposals in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Artesia Planning Commission at, or prior to, the public hearing. All interested persons are invited to attend this hearing and express their opinion on the matters listed above.

PUBLISHED: April 17, 2009

Okina Dor, Associate Planner

Published at Los Cerritos Community Newspaper 4/17/09 CITY OF NORWALK NOTICE OF PUBLIC HEARING SUBSTANTIAL AMENDMENT TO THE 2008-2009 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME ANNUAL ACTION PLAN Date: Time: Place:

Tuesday, May 5, 2009 6:00 p.m. or as soon thereafter as the matter may be heard City Council Chambers, Norwalk City Hall, 12700 Norwalk Boulevard, Norwalk, CA 90650

Description: The purpose of the Public Hearing is to encourage citizen participation and obtain public comment on the following proposed substantial amendment to the City’s 2008-2009 Community Development Block Grant (CDBG) and HOME Annual Action Plan as prepared for the U.S. Department of Housing and Urban Development (HUD):

NAME STATEMENT

NAME STATEMENT

The following is conducting business as Du-

The following is doing business as Sanatan

cannam Real Estate & Investments, 11472

Dharma Temple, 15311 Pioneer Blvd,

South Street, Cerritos, CA. 90703, Aloysius

Norwalk, CA, 90650, Hindu Matiya Patidar

W. Verhoeven, 8410 Newlin Avenue,

Samaj, Inc.,15311 Pioneer Blvd, Norwalk,

Whittier, CA. 90602. They have begun to

CA, 90650. They have begun to conduct

conduct business under this name. This

business under this name. They are conduct-

business is conducted as an individual.

ing business as a corporation.

/S/Aloysius W. Verhoeven

/S/Pravin Pranav The statement was filed with the County

The statement was filed with the County

Clerk of Los Angeles on 4/16/09.

Clerk of Los Angeles on 4/16/09.

NOTICE: This fictitious name statement

NOTICE: This fictitious name statement

expires five years from the date it was filed

expires five years from the date it was filed

in the office of the County Clerk. A new

in the office of the County Clerk. A new

fictitious statement must be filed before that

fictitious statement must be filed before

time. The filing of this statement does not of

that time. The filing of this statement does

itself authorize the use in this state of a ficti-

not of itself authorize the use in this state

tious business name in violation of the rights

of a fictitious business name in violation

of another under federal, state or common

of the rights of another under federal, state

law (see section 14400et seq. Business and

or common law (see section 14400et seq.

Profession Code), Published at LCCN on

Business and Profession Code), Published

04/17, 4/24, 5/1, 5/8/2009.

at LCCN on 04/17, 4/24, 5/1, 5/8/2009.

Establish programs to provide financial assistance and services to either prevent individuals and families from becoming homeless or help those who are experiencing homelessness to be quickly re-housed and stabilized. Funding in the amount of $633,782 will be provided from the Homeless Prevention Fund received from the United States Department of Housing and Urban Development under Title XII of the American Recovery and Reinvestment Act of 2009.

MedicalLearn skills for a career in the medical field in the National Guard. Earn money for college while training one weekend a month and two weeks a year. A part time career with full time rewards. Call today for details. SGT JOSHUA HODGES 562-842-6830 JOSHUA.W.HODGES1@ US.ARMY.MIL 1-800-GO-GUARD.COM

Public Comment: For a period of twelve (12) days beginning April 23, 2009 and ending on May 5, 2009, the public is invited to submit written comments on these proposed amendments. Interested persons are invited to attend this hearing and be heard regarding this matter. Written comments may be submitted to the City Council prior to the time set for the hearing. Address written comments: Attention City Clerk at the address noted above. More Information: Questions concerning the public hearing matter should be directed to Bing H. Hyun, Planning Manager, at telephone number (562) 929-5775. Accessibility: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Clerk’s Office at (562) 929-5720. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. Assisted hearing devices will be available at this hearing without prior notification. Dated this 17th of April 2009. /s/ Theresa Devoy, City Clerk Published at Los Cerritos Community Newspaper 4/17/09


TO ADVERTISE CALL 800-901-7211

COMMUNITY NEWS GROUP • APRIL 17, 2009

CITY OF CERRITOS ORDINANCE NO.946 AN ORDINANCE OF THE CITY OF CERRITOS GRANTING TO CRIMSON CALIFORNIA PIPELINE, L.P., A FRANCHISE TO INSTALL, OPERATE, MAINTAIN, REPLACE, ABANDON IN PLACE AND/OR REMOVE PIPELINES FOR THE TRANSPORTATION OF OIL, GAS, PETROLEUM, LIQUID HYDROCARBON PRODUCTS, AND OTHER SUBSTANCES, IN, UNDER, ALONG AND ACROSS CERTAIN PUBLIC STREETS AS SET FORTH IN SAID ORDINANCE WITHIN THE CITY OF CERRITOS WHEREAS, Crimson California Pipeline, L.P. has made application to this City Council for the granting of a pipeline franchise to cover existing pipeline facilities and operations on public lands incorporated in Cerritos; and, WHEREAS, this franchise shall only apply to those pipelines described in Exhibit “A”, which exhibit is incorporated herein by reference; and, WHEREAS, Crimson California Pipeline, L.P. has agreed that it will not extend or expand its pipelines within the City of Cerritos beyond those described in Exhibit “A”, without obtaining the City Council’s prior approval; and, WHEREAS, pursuant to Resolution No. 2009-3 the City Council at its regular meeting on February 26, 2009, declared its intention to grant a franchise to Crimson California Pipeline, L.P. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF CERRITOS DOES ORDAIN AS FOLLOWS: SECTION 1. TERMS AND CONDITIONS OF FRANCHISE ARTICLE 1 INTERPRETATION OF FRANCHISE A. The word, “Grantee” shall mean Crimson California Pipeline, L.P., to which the franchise is granted by this Ordinance as well as its lawful successors or assigns, which have filed with the City a bond, complied with the insurance requirements of Article 13 and been approved by the City Council pursuant to Article 7 hereof. B. The word “City” shall mean the City of Cerritos. C. The words “Director of Public Works” and/or “City Engineer” shall mean the Director of the Department of Public Works of the City. D. The words “oil, gas, or products thereof” shall mean and include oil, petroleum, liquid hydrocarbon products, or such other products as technological advances may produce, as well as natural gas, water, waste water, mud, steam and other liquids and gaseous substances necessary or incidental to the use of said pipeline for the transmission of oil, gas, and products thereof. E. The words “lay and use” shall mean to lay, install, construct, operate, maintain, repair, replace, renew, change number of, remove, and abandon a pipeline system together with all manholes, valves, appurtenances, devices, and service connections therewith necessary and convenient for operation of the pipeline, together with the right to construct, operate, maintain and use private communication, monitoring and testing systems, consisting of conductors, wires, communication circuits, valves, mechanical devices and all other necessary or convenient appliances or attachments to be used in connection with the use, operation and maintenance of said system of pipeline appurtenances, as aforesaid in, under, along, over and across those certain roads, streets, highways, sidewalks, parkways and other public places within and/or under contract of the City at certain locations within the routes as described in Exhibit “A”. F. The words “Pipeline Code” shall mean the United States Code of Federal Regulations Title 49, Subtitle VIII, in its latest revision or any regulation of the federal government superseding same or otherwise applicable to Grantee’s use, operation and maintenance of the pipelines covered by this franchise. G. The words “Pipeline Safety Act” shall mean Chapter 5.5 of the California Government Code entitled, “The California Pipeline Safety Act of 1981” in its latest version or any California law superseding same or otherwise applicable to Grantee’s use, operation and maintenance of the pipelines covered by its franchise. H. The words “State Fire Marshall” shall mean the Office of the California State Fire Marshall or any successor having authority from the State to implement and enforce the Pipeline Code and Pipeline Safety Act. ARTICLE 2 GRANT OF FRANCHISE The Grantee is granted the right, privilege and franchise, subject to each and all of the terms and conditions contained in this Ordinance, to lay and use, pipelines for oil, gas, or products thereof in those roads, streets, highways and public places within the City, as described and depicted in Exhibit “A”, and for transportation and distribution of oil, gas, or products thereof pursuant to the terms and provisions of Division 3, Chapter 2 of the Public Utilities Code of the State of California and subject to applicable Federal and other State laws and regulations. ARTICLE 3 TERM OF FRANCHISE This franchise shall be for a term of twenty-five (25) years from the effective date of this Ordinance. Notwithstanding any other provision of this Article to the contrary, this franchise may be sooner terminated by the surrender or abandonment by its possessor, or by the acquisition by the State of California, or any municipal or public corporation or by voluntary purchase or by the exercise of the power of eminent domain, or by forfeiture for noncompliance with the terms and provisions hereof. ARTICLE 4 COMPENSATION A. Amount of Fee As consideration for this franchise hereby granted, the Grantee, will pay to the City of Cerritos, a one-time granting fee of five thousand dollars ($5,000) within thirty (30) days after the adoption of this ordinance. In addition, as consideration for this franchise hereby granted, the Grantee shall be obligated to pay to the City, an annual fee as set forth in the California Public Utilities Code, Section 6231.5, as the same may be amended from time to time, or any successor provision or provisions thereto. The current base rate per lineal foot of 10-inch internal diameter pipe is $.220 multiplied by the length of the said pipe in feet, and pipelines constructed across public streets shall be considered as franchise property irrespective of the nature of the City’s road easement, unless the Grantee’s rights to occupy such public streets predate the City’s rights thereto. Other fees may be established and revised from time to time by resolution of the City Council to defray the cost of review by the City for any safety, emergency preparedness or other reports or procedures which may validly be required in conformity with Federal and State laws and regulations as such may be amended or otherwise enacted. B. Computation of Payments Payments made for years 2009 and 2034 shall be pro-rated to cover the actual number of calendar days within each of these years that Grantee has pipelines in place which are applicable to this franchise. All other payments shall be computed from January 1, 2009 to and including the date of either actual removal of the pipelines or the effective date of an approved abandonment “in place” authorized by the City, and until the Grantee shall have fully complied with all the provisions of this Ordinance and all other applicable Federal and State laws and regulations and any City Ordinance relative to such abandonment. The Grantee shall file with the City Clerk within ninety (90) days after the expiration of the calendar year, or any fractional calendar year following the effective date of the Ordinance, and within ninety (90) days after the expiration of each subsequent calendar year or fraction thereof, during which this franchise is in effect, a verified statement showing in detail for the term of the franchise in such calendar or fractional year, as the case may be, the number of linear feet of pipe and the nominal diameter thereof expressed in inches, so laid, used, and/ or maintained during said year. With said statement the Grantee shall pay to the City Clerk, in lawful money of the United States, the aforesaid payments of compensation. Any neglect, omission or refusal of the Grantee to pay the compensation within the required time or in the manner provided, which neglect, omission or

15

refusal shall continue more than fifteen (15) days following delivery of written notice thereof to the Grantee by the City, shall be grounds for the declaration of the forfeiture of this franchise and of all rights of the Grantee hereunder. The City Clerk shall have the power and authority to reasonably dispute any verified statement and to require additional proof with respect to any matters set forth in said verified statement and in addition shall have the power, in additional to any other rights of inspection of records of Grantee which may elsewhere be covered by this Ordinance, to examine any books or records of the Grantee or its successors or assigns, upon which any verified statement is based. In the event of installation or abandonment of applicable pipeline facilities with the approval of the City or otherwise pursuant to controlling laws or governmental regulations, or any removal of such facilities by the Grantee, the payments otherwise due to the City under this Ordinance shall be pro-rated for the calendar year in which such installation, abandonment or removal of such facilities occurs, as of the end of the calendar month in which installed, removed or abandoned. PROVIDED, HOWEVER, that the amount of each annual payment shall be computed and revised at the time of payment as set forth in the California Public Utilities Code, Section 6231.5 as follows: (1) The applicable base rate shall be multiplied by the Consumer Price Index, all Urban Consumers, for the Los Angeles-Long Beach metropolitan area (“CPI”), as published by the United States Department of Labor, Office of Information for the month of September immediately preceding the month in which payment is due and payable, and divided by the CPI for June 30, 1989, which is declared to be 100.0. Under no circumstances shall the multiplying factor be less than one. (2) If the United States Department of Labor, Office of Information discontinues the preparation or publication of the CPI for the area, and if no translation table prepared by the Department of Labor is available so as to make those statistics which are then available applicable to the index of June 30, 1989, the City shall prescribe a rate of payment which shall, in its judgment, vary from the rates specified in this section in approximate proportion as commodity consumer prices then current vary from commodity consumer prices current in December, 1988. On this point, the determination by the City shall be final and conclusive. ARTICLE 5 PERFORMANCE BOND During the life of this franchise Grantee shall keep on file with the City Clerk and maintain in good standing, a bond in favor of the City with at least two (2) good and sufficient sureties approved by the City Council, or with a corporate surety approved by the City Attorney, in the principal sum of one hundred twenty-five thousand dollars ($125,000) under the condition the pipeline remains dormant or unused, but bond must be increased to two hundred and fifty thousand dollars ($250,000) before the pipeline is returned to service and ever used for the transportation of any product. At any time, the amount of the bond requirement may be increased to an amount the City Engineer, in sole discretion may reasonably determine is appropriate, on condition that the Grantee shall well and truly observe, fulfill and perform each term and condition of this franchise. The City, after delivery of written notice to Grantee of such breach and the failure of Grantee to cure or commence such cure after having a reasonable opportunity to do so, may cure the breach and may recover from the Principal and sureties the reasonable expenses incurred, including reasonable attorney’s fees and cost. The bond shall be filed with the City Clerk by this Grantee within five (5) business days after the effective date of this Ordinance. ARTICLE 6 GRANTEE’S GENERAL OBLIGATIONS A. The Grantee shall construct, install and maintain all pipes and appurtenances in good and workmanlike manner and with good materials and in conformity with all of the applicable ordinances, rules and regulations heretofore or hereafter adopted by the City Council in the exercise of its police power, subject to the provisions of the Pipeline Code, Pipeline Safety Act and regulations and orders of the State Fire Marshall and any other applicable Federal and State laws relating to the location, maintenance, operation and safety of such facilities therein. B. The Grantee shall comply with all applicable requirements of the Pipeline Code, subject to any changes, amendments and modifications as may hereafter be adopted, concerning accident reporting (subpart B), design requirements (subpart C), construction (subpart D) and compliance with all other applicable Federal, State and local laws and regulations, including but not limited to compliance with testing or operational compliance requirements which are not preempted by the Federal and State laws and regulations and may be validly established in conformity with such laws and regulations by any administrative order of the City Manager or his duly appointed designee covering operations under this franchise. C. The Grantee, in constructing, installing, maintaining and operating the franchise property, shall make and backfill all excavations in such manner and way as to leave the structural integrity and surface of the public street, alley, highway or public place in as good condition as it was prior to said excavation in accordance with established City standards as they exist or hereafter may be amended and to the satisfaction of the City Engineer, as well as to conform to the ordinance of the City as they now exist or may hereafter be amended and controlled with respect to the securing of permits. All required City permits shall be obtained within a reasonable time in advance before commencing of work for excavations and filling in obstructions of City streets and other public property, except as may be required for immediate response to an emergency. D. Grantee shall have the right to construct and maintain such traps, manholes, conduits, valves, appliances, attachments and appurtenances as may be necessary or convenient for the proper maintenance and operational safety of the pipelines under said franchise, and except for appurtenances installed in sidewalk, parkway or median areas, said appurtenances shall be kept no higher than the surface of the street and so located as to conform with any order of the City Engineer in regard thereto and not interfere with the use of the street for travel. E. The work of constructing, maintaining, or repairing all pipes, pipelines and appurtenances shall be conducted with the least hindrance reasonably possible to the use and safety of the streets for the purpose of travel and in the most reasonably possible time; as soon as such work is completed, all portions of the streets which have been excavated or otherwise damaged thereby, the Grantee shall make and backfill all excavations in such a manner and way as to leave the structural integrity and surface of the public street, alley, highway or public place in as good condition as it was prior to said excavation in accordance with established City standards as they exist or hereafter may be amended, and to the satisfaction of the City Engineer, as well as to conform to the ordinance of the City as they now exist or may hereafter be amended and controlled with respect to the securing of permits. All required City permits shall be obtained within a reasonable time in advance before commencing of work for excavations and filling in obstructions of City streets and other public property, except as may be required for immediate response to an emergency. F. So far as is practicable and within the requirements of the City, any pipelines hereinafter laid under this franchise by Grantee shall be located along the edge or shoulder of the streets or in the parking area adjacent thereto, so as not to unreasonably disturb the flow of traffic, and where possible, shall be laid in the unpaved part of the street. G. Grantee shall pay to the City within thirty (30) days after receipt of a written demand from the City and a presentation to Grantee of an itemized account of the costs, its costs of repairs to pubic property made necessary by any act or omission of Grantee to reasonably comply with Grantee’s obligations under the franchise. H. Except for the negligence or willful misconduct of City, its officials, officers, employees, agents, contractors or representatives, Grantee undertakes and agrees to defend, indemnify and hold harmless City and any and all of the City’s officials, officers, employees, agents, assigns, and successors in interest from and against all lawsuits, causes of action, claims, losses, demands, administrative assessments and fines, and expenses, including, but not limited to, reasonable attorney’s fees and costs of litigation, arbitration, administrative proceedings, damage or liability of any nature whatsoever, for death or injury to any person, including Grantee’s employee or damage of or destruction to any property of either the City or Grantee, or any person, or any damage or any cost


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16 COMMUNITY NEWS GROUP • APRIL 17, 2009 or expense of any kind whatsoever arising from any leak from Grantee’s pipelines covered by this franchise or any other contamination or nuisance caused by the presence of Grantee’s facilities which are covered by this franchise. Upon receipt by Grantee of a written demand from the City, and provided the above indemnity is applicable, the Grantee shall at its own expense defend any lawsuit or action or administrative proceeding brought against the City, its officials, officers, employees or agents, assigns and successors in interest by counsel reasonably acceptable to the City. I. Grantee shall remove and relocate without any expense to the City, any facilities installed, used or maintained under this franchise if and when necessary by any lawful street vacation, change of grade, locations, use, alignment or width of any street, or the construction therein or there under of any subway, viaduct, sewer, storm drain, pipelines or other improvement made by the City. This franchise shall not constitute any agreement or undertaking by the City nor impose upon the City any obligation to pay any part of the cost for removal or relocation of any such pipes and appurtenances when required, in order to accommodate construction of any pubic right-of-way. J. Grantee shall promptly repair or cause to be repaired, at no cost and expense to the City and to the satisfaction of the City, any damage to any street or public place of public improvement to the extent such damage was caused directly or indirectly by the Grantee in exercising any right, power or privilege or in performing any duty under or pursuant to any of the provisions of this franchise. K. The Grantee shall promptly repair or cause to be repaired any leaks or breaks in its pipelines. If any private property shall be damaged by any leaks or breaks in pipelines or by reason of any cause arising from the operation or existence of franchise property, through no fault of the City, its officials, officers, employees, agents, contractors or representatives, the Grantee shall, at no cost and expense to the City, immediately repair and restore, or cause to be repaired and restored, such private property to the satisfaction of the City Engineer. L. Grantee shall file with the City Clerk within thirty (30) days after the passage of this Ordinance, the written acceptance of the covenants, terms conditions hereof. M. At all reasonable times, the Grantee shall permit any duly authorized representative of the City to examine all franchise property, together with any appurtenant property of the Grantee situated within or, as is reasonable under the circumstances, without the City, and to examine and transcribe any and all non-confidential maps and other non-confidential records kept or maintained by the Grantee or under its control which directly pertain to the operations, affairs, transactions or property of the Grantee with respect thereto. If any of such maps or records are not kept in the City, and upon reasonable request made available in the City, if the City shall determine that an examination thereof is necessary or appropriate to the performance of any of its duties, then all reasonable travel and maintenance expense necessarily incurred by the City in making such examination shall be paid by the Grantee. The Grantee shall prepare and furnish to the City, at the times and in the form prescribed by the City, such reports, with respect to its operations, affairs, transactions or property, as may be reasonably necessary or appropriate to the performance of any of the duties of the City Manager or City Engineer or City Clerk or other representatives of the City appointed by the City Manager in connection with this franchise. ARTICLE 7 ASSIGNMENT This franchise is a privilege to be held in personal trust by the original Grantee. The Grantee shall not sell, lease, assign or transfer this franchise or any right, powers or privilege granted hereby, nor permit any other person to exercise any rights or privileges authorized hereunder, in whole or in part, either by agreement, merger, consolidation or otherwise, without the approval and consent of the City Council. Any purported or attempted sale, lease, assignment or transfer thereof, without such approval and consent, regardless of whether made voluntarily or otherwise, such be void and of no effect, and shall transfer none of the rights, power or privileges granted by the franchise. In the event a sale, lease, assignment or transfer of this franchise is approved by the City Council as herein provided, the franchise shall, upon acceptance thereof by the Grantee’s assigns or successors, be binding upon such assigns or successors to the same extent and in like manner as upon the Grantee. ARTICLE 8 CITY IMPROVEMENT The City reserves the right to improve any highway, street, alley or other public place or portion thereof over and within which this franchise is granted, including the widening, change of grade, construction or reconstruction of such highway, street, alley, or other public place or portion thereof, and that it is further reserved to the City and any political subdivision or district within the City of Cerritos, the right to construct, reconstruct, install, repair and maintain in any such highway, street, alley or other public place or portion thereof, any public improvement. If notice in writing is given to the Grantee sixty (60) days in advance of when the work is to commence specifying in reasonable detail the work to be done and the area in which the same is to be performed, then the Grantee shall do all things reasonably necessary to protect its facilities covered by this franchise or property incidental or appurtenant thereto. During the progress of such work, and if so ordered by the City Engineer, the Grantee shall relocate its franchise property within the highway, street, alley, or other public place to such extent, and in such manner, as shall be necessary to permit the performance of such work in an economical manner, and in accordance with generally recognized engineering and construction methods. In the event that the City shall hereafter construct, install, reconstruct or repair any bridge or artificial support in or underlying any street in which any pipes or appurtenances of the Grantee are located pursuant to this franchise, and in the event that the cost thereof be increased in order to provide for the installation, maintenance or operation of any such pipes or appurtenances in or on the street area which said bridge or artificial support covers or underlies, then the Grantee shall pay to the City the full amount of such increase of cost, upon completion of such construction, installation or repair and the presentation to Grantee of an itemized statement of such cost. To the extent any damage is done, directly or indirectly, to any such public improvement by the Grantee in exercising its rights under this franchise, or in performing any duty under or pursuant to the provisions of this franchise, such damage shall be promptly repaired or caused to be repaired by said Grantee at no cost and expense to the City. ARTICLE 9 STREET EXCAVATIONS The City Engineer shall have power to give the Grantee such directions for the location of any pipes and appurtenances as may be reasonably necessary to avoid sewers, water pipes, conduits or other structures lawfully in or under the street; and before the work of constructing any pipes and appurtenances is commenced, the Grantee shall file with the City Engineer plans showing the location thereof, which shall be subject to the approval of the City Engineer, which approval shall not be unreasonably withheld or delayed. The Grantee shall provide adequate traffic safety barriers, signs, devices and traffic safety warning equipment and personnel for any excavation work conducted by Grantee upon any City owned or controlled property. All such construction shall be subject to the inspection of the City Engineer and done to his reasonable satisfaction. All street coverings or opening of traps, vaults and manholes shall at all times be kept flush with the surface of the street; provided, however, that vents for underground traps, vaults and manholes and cathodic protection equipment may extend above the surface of the street, when said vents and cathodic protection equipment are located in parkways between the curb and property line. Where it is necessary to lay underground pipe through, under, or across any portion of the paved or macadamized street, the same where practicable and economically reasonable, shall be done by tunnel or bore, so as not to disturb the foundation of such paved or macadamized street; and in the event that the same cannot be done, such work shall be done under a permit to be granted by the City Engineer upon application thereof. Nothing herein shall be deemed to make the City, the City Engineer, or any official, officer, employee or agent of the City responsible or liable to the Grantee by reason of the approval of plans for the installation of pipes or

TO ADVERTISE CALL 800-901-7211 appurtenances or by reason of any information or other material supplied to the Grantee pertaining to the location of existing pipes, facilities or improvements on, in or under said street or public property, and the City by granting this franchise, does not warrant the accuracy of such approval or information so supplied or given to the Grantee. The Grantee is cautioned to ascertain the existence of all pipes, sewers, conduits, improvements and other facilities in, on or under any street or public property in or on which the franchise property is located, and location thereof. ARTICLE 10 FORFEITURE If the Grantee shall fail to comply with or to commence and diligently proceed towards compliance with any instructions consistent with the terms of this franchise of the City or the City Engineer or any City officer or employee having authority to act with respect to the location of any of pipelines facilities covered by this franchise, or to the repair of any damage to highways, streets, alleys or other public places, or any other public improvement, within ten (10) business days after the service of written notice on the Grantee requiring compliance therewith, then the City Council may immediately do whatever work is necessary to carry out the instructions at the cost and expense of the Grantee, which cost, by acceptance of the franchise, the Grantee shall pay within thirty (30) days after presentation to Grantee of an itemized account of such cost. If the Grantee of this franchise shall fail, neglect or refuse to comply with any of the provisions of this Ordinance or conditions thereof, and shall not within ten (10) business days after service of written demand upon Grantee for compliance, begin the work or compliance, or after such beginning shall not prosecute the same with due diligence to completion, then the City Council may declare this franchise forfeited. It is agreed that the aforementioned remedies are separate and distinct, and that the City Council may elect to proceed along either or both of the aforementioned remedies. Upon the termination of this franchise, whether by forfeiture or otherwise, the Grantee shall be barred from further use of the City’s public streets, alleys, roads, highways and other public places for the purposes covered under this franchise. Repair of any damage to highways as used in this Ordinance includes the restoration of existing roads, streets and highways to as good condition as existed prior to any street opening by the Grantee. The Grantee upon completing any street opening shall restore such street, highway, and public property to at least as good condition as the same existed immediately prior to said opening, and does by acceptance of this franchise, guarantee that the work of restoration shall meet or exceed a reasonable workmanlike standard and maintain the road surface in as good condition as other adjacent portions of said road not disturbed by the opening. ARTICLE 11 EMINENT DOMAIN The Grantee agrees that the franchise granted hereunder shall never be given any value before any court or other public authority in any proceeding of any character in excess of the cost to the Grantee of the necessary publication and any other sums paid by the Grantee to the City for this franchise. The franchise granted hereunder shall not in any way or to any extent impair or affect the right of the City to acquire the property of the Grantee hereof, either by purchase or through the exercise of the power of eminent domain. ARTICLE 12 EMERGENCY PREPAREDNESS A. Within thirty (30) days following the acceptance of this franchise, the Grantee shall provide the City Engineer the opportunity to review the Grantee’s emergency response plan for the Los Angeles area, which includes the city of Cerritos. The plan shall identify the procedures, which the Grantee has established for informing local police, fire and other municipal emergency personnel of steps to take in the event of an emergency. Also, the plan shall list a description of all oil, gas, or products thereof, which are or will be transported through the pipelines described in Exhibit “A”. Grantee will promptly notify the City Engineer of any changes in the procedures previously established in said report and any different oil, gas, or products thereof which Grantee is or will be transporting through said pipelines, if not previously listed and reported by Grantee to the City Engineer. Grantee shall also provide, either through the emergency response plan or by separate documentation, the following information: (1) A diagram or map showing the “As Built” or modified locations of the pipelines described in Exhibit “A”, including all block valves or other mechanical devices situated along the pipeline. (2) Material Safety Data Sheets for each product transported in the pipelines described in Exhibit “A”; (3) A description of the liaison procedure established by the Grantee with fire, police and/or sheriff, and other City emergency personnel, including the means for communication of information during such emergency and measures which may prevent the igniting of vapors or other hazardous substances released in any such emergency; and (4) Other information as may be validly required in conformance with Federal and State laws and regulations and by the City Council. B. At all times during the term of this franchise, Grantee shall maintain on a twenty-four (24) hour basis adequate emergency equipment and properly trained emergency crews within a radius of twenty-five (25) miles from any facilities installed or maintained pursuant to said franchise, for the purpose of shutting off pressure and flow of contents of such facilities in the event of any emergency resulting from an earthquake, an act of war, civil disturbance, flood or other cause. Grantee shall at all times maintain in the office of the City Clerk an emergency telephone number whereby and through such number such emergency crew may be reached. ARTICLE 13 INSURANCE The Grantee shall maintain all insurance required by California law. Further, the Grantee shall procure and keep in effect a policy or policies of liability insurance in an amount of not less than Five Million Dollars ($5,000,000.00), combined single limits, or any different amount which the City may, in accordance with succeeding paragraphs appearing below in this Article, later deem appropriate. Said policy or policies shall name the City, its officials, officers, employees and agents as additional insureds with the Grantee. In lieu of such policy or policies, a certificate of endorsement to the foregoing effect approved by the City Attorney and the City Risk Manager shall be sufficient. A certified copy of such policy or policies or certificate of endorsement shall be filed with the office of the City Clerk. Grantee shall maintain continuous insurance coverage in the amount specified herein, or as may be modified periodically during the franchise term and shall notify the City of policy renewals, extensions, and changes in terms and conditions with underwriters no later than thirty (30) days after each such occurrence. City reserves the right to review the minimum amount of liability insurance required to be maintained by Grantee and City may require Grantee to increase the minimum amount of liability coverage at any time after this franchise has been in effect for at least five years. Evidence of such increased amount of liability insurance shall be provided by Grantee in a form approved by City within thirty (30) days after Grantee’s receipt of written notice from City informing Grantee of the requirement to procure such increased coverage. After each succeeding five year interval from the last written notification from the City requiring an increase in the minimum amount of liability insurance, the City may require increased minimum liability insurance coverage and Grantee shall increase the amount of liability insurance within thirty (30) days from receipt of written notification from the City requiring such an increase at least to the minimum amount specified in such notice. Failure of Grantee to obtain and maintain liability insurance as required by City in accordance with this Article shall be deemed a material breach of Grantee’s obligations under this franchise and shall constitute grounds for forfeiture pursuant to Article 10 hereof. ARTICLE 14 ACCEPTANCE OF FRANCHISE The acceptance of this franchise by the Grantee must be filed within thirty


TO ADVERTISE CALL 800-901-7211

COMMUNITY NEWS GROUP • APRIL 17, 2009

(30) days after the adopting of this Ordinance. Upon filing of such acceptance, and provided this Ordinance has become effective, all other franchises and privileges heretofore granted to the Grantee or its predecessors in interest in respect to Grantee’s franchised pipelines located within the City of Cerritos shall terminate. ARTICLE 15 REMOVAL OR ABANDONMENT OF FACILITIES At the time of the expiration (unless renewed), revocation, or termination of this franchise, or the permanent discontinuance of the use of its facilities, or any portion thereof, Grantee shall, within thirty (30) days thereafter make written application to the City Engineer for authority to either abandon all or a portion of such facilities in place or to remove all or a portion of such facilities. Thereupon the City Engineer shall determine whether any abandonment or removal which is thereby proposed may be effected without detriment to the public interest or under what conditions such proposal of abandonment or removal may be safely effected and shall then notify the Grantee according to such requirements as shall be specified in the City Engineer’s order. Within ninety (90) days thereafter, Grantee shall pursuant to such order of the City Engineer, either (a) remove all or a portion of such facilities; or (b) abandon in place all or a portion of such facilities in accordance with all conditions prescribed. If any facilities to be abandoned in place, subject to prescribed conditions, shall not be abandoned in accordance with all of such conditions, then the City Engineer may make additional appropriate orders, including if he deems appropriate, an order that the Grantee shall remove all such facilities. If Grantee fails to comply therewith within a reasonable period of time after receiving such order from the City, the City Engineer may cause said facilities to be removed at the Grantee’s expense, and the Grantee shall pay to the City the actual cost thereof plus twenty (20%) percent for overhead, or if the work be performed by force account, thirty (30%) percent of direct labor costs, after the presentation to Grantee of an itemized statement of such cost. ARTICLE 16 INTERPRETATIONS, LIMITATIONS UPON GRANT AND RIGHTS RESERVED BY CITY A. Unless otherwise specifically prescribed herein, the following provisions shall govern the interpretation and construction of this franchise: (1) The singular number includes the plural, and the plural number includes the singular. (2) Time is of the essence. The Grantee shall not be relieved of its obligation to promptly comply with any provision hereof by any failure of the City to enforce prompt compliance with the same of any other provision. (3) Any right or power conferred, or duty imposed upon any officer, employee or department of the City, is subject to transfer by operation of law to any other officer, employee or department of the City. (4) Except as otherwise set forth herein, the Grantee shall have no recourse whatsoever against the City or any official, officer, employee or agent thereof for any loss, cost, expense or damage arising out of any provision or requirement of this franchise or the enforcement thereof. B. The following limitations shall apply: (1) No privilege or exemption if granted or conferred by this franchise except those specifically prescribed herein. (2) If any provision of this franchise, or the application thereof to any person or circumstances, is held invalid, the remainder of the franchise, or the application of such provision to other persons or circumstances, shall not be affected thereby. C. The following rights are reserved to the City: There is hereby reserved to the City every right and power which is required to be herein reserved or provided by any provision of the City’s Charter or other City ordinance, and the Grantee by its acceptance of this franchise agrees to be bound thereby and to comply with any action or requirement of the City in its exercise of any such right or power. Neither the granting of this franchise nor any provision hereof shall constitute a waiver or bar to the exercise of any governmental right or power of the City. ARTICLE 17 CUMULATIVE REMEDIES No provision herein made for the purpose of securing the performance of the terms and conditions of this franchise shall be deemed an exclusive remedy, or to afford the exclusive procedure, for the enforcement of said terms and conditions, but the remedies and procedures herein provided, in addition to those provided by law, shall be deemed to be cumulative. ARTICLE 18 NOTICES Any notice required to be given under the terms of this franchise, the manner of service of which is not specifically provided for, may be served as follows: A. Upon the City by serving the City Manager personally, or by addressing a written notice to the City Manager, City of Cerritos, 18125 Bloomfield Avenue, P.O. Box 3130, Cerritos, California 90703-3130, or such change of address as the City Manager should hereafter serve on the Grantee, and depositing such notice in the United State mail, postage prepaid. B. Upon the Grantee by addressing a written notice to the Grantee, addressed to Crimson California Pipeline, L.P., 2459 Redondo Avenue, Long Beach, CA 90806, or to such other address as the Grantee shall provide in writing to the City from time to time, and depositing such notice in the United State mail, postage prepaid. SECTION II: PUBLICATION The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in a newspaper of general circulation, at least once, within fifteen (15) days after its final passage. The Grantee shall pay to the City a sum of money sufficient to reimburse it for all public expenses incurred by it in connection with the granting of this franchise, and such payment shall be made within thirty (30) days after the City has furnished Grantee with a written statement of such expense. This Ordinance shall take effect thirty (30) days after its adoption. PASSED, APPROVED, and ADOPTED this 9th day of April, 2009. /s/Bruce W. Barrows Bruce W. Barrows, Mayor

ATTEST: /s/Josephine Triggs Josephine Triggs, City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF CERRITOS

) ) ss. )

I, Josephine Triggs, City Clerk of the City of Cerritos, California, DO HEREBY CERTIFY that the foregoing Ordinance No. 946 was duly adopted by the City Council of the City of Cerritos at a Regular Meeting held on the 9th day of April, 2009, and that it was so adopted as follows: AYES: NOES: ABSENT: ABSTAIN:

COUNCILMEMBERS COUNCILMEMBERS COUNCILMEMBERS COUNCILMEMBERS

– – – –

Chen, Edwards, Lee, Cho, Barrows None None None

DATED: April 10, 2009 /s/Josephine Triggs_______ Josephine Triggs, City Clerk Published at Los Cerritos Community Newspaper 4/17/09

17

CITY OF CERRITOS ORDINANCE NO. 947 AN ORDINANCE OF THE CITY OF CERRITOS GRANTING TO CARDINAL PIPELINE, L.P., A FRANCHISE TO INSTALL, OPERATE, MAINTAIN, REPLACE, ABANDON IN PLACE AND/ OR REMOVE PIPELINES FOR THE TRANSPORTATION OF OIL, GAS, PETROLEUM, LIQUID HYDROCARBON PRODUCTS, AND OTHER SUBSTANCES, IN, UNDER, ALONG AND ACROSS CERTAIN PUBLIC STREETS AS SET FORTH IN SAID ORDINANCE WITHIN THE CITY OF CERRITOS WHEREAS, Cardinal Pipeline, L.P. has made application to this City Council for the granting of a pipeline franchise to cover existing pipeline facilities and operations on public lands incorporated in Cerritos; and, WHEREAS, this franchise shall only apply to those pipelines described in Exhibit “A”, which exhibit is incorporated herein by reference; and, WHEREAS, Cardinal Pipeline, L.P. has agreed that it will not extend or expand its pipelines within the City of Cerritos beyond those described in Exhibit “A”, without obtaining the City Council’s prior approval; and, WHEREAS, pursuant to Resolution No. 2009-2 the City Council at its regular meeting on February 26, 2009, declared its intention to grant a franchise to Cardinal Pipeline, L.P. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF CERRITOS DOES ORDAIN AS FOLLOWS: SECTION 1. TERMS AND CONDITIONS OF FRANCHISE ARTICLE 1 INTERPRETATION OF FRANCHISE A. The word, “Grantee” shall mean Cardinal Pipeline, L.P., to which the franchise is granted by this Ordinance as well as its lawful successors or assigns, which have filed with the City a bond, complied with the insurance requirements of Article 13 and been approved by the City Council pursuant to Article 7 hereof. B. The word “City” shall mean the City of Cerritos. C. The words “Director of Public Works” and/or “City Engineer” shall mean the Director of the Department of Public Works of the City. D. The words “oil, gas, or products thereof” shall mean and include oil, petroleum, liquid hydrocarbon products, or such other products as technological advances may produce, as well as natural gas, water, waste water, mud, steam and other liquids and gaseous substances necessary or incidental to the use of said pipeline for the transmission of oil, gas, and products thereof. E. The words “lay and use” shall mean to lay, install, construct, operate, maintain, repair, replace, renew, change number of, remove, and abandon a pipeline system together with all manholes, valves, appurtenances, devices, and service connections therewith necessary and convenient for operation of the pipeline, together with the right to construct, operate, maintain and use private communication, monitoring and testing systems, consisting of conductors, wires, communication circuits, valves, mechanical devices and all other necessary or convenient appliances or attachments to be used in connection with the use, operation and maintenance of said system of pipeline appurtenances, as aforesaid in, under, along, over and across those certain roads, streets, highways, sidewalks, parkways and other public places within and/or under contract of the City at certain locations within the routes as described in Exhibit “A”. F. The words “Pipeline Code” shall mean the United States Code of Federal Regulations Title 49, Subtitle VIII, in its latest revision or any regulation of the federal government superseding same or otherwise applicable to Grantee’s use, operation and maintenance of the pipelines covered by this franchise. G. The words “Pipeline Safety Act” shall mean Chapter 5.5 of the California Government Code entitled, “The California Pipeline Safety Act of 1981” in its latest version or any California law superseding same or otherwise applicable to Grantee’s use, operation and maintenance of the pipelines covered by its franchise. H. The words “State Fire Marshall” shall mean the Office of the California State Fire Marshall or any successor having authority from the State to implement and enforce the Pipeline Code and Pipeline Safety Act. ARTICLE 2 GRANT OF FRANCHISE The Grantee is granted the right, privilege and franchise, subject to each and all of the terms and conditions contained in this Ordinance, to lay and use, pipelines for oil, gas, or products thereof in those roads, streets, highways and public places within the City, as described and depicted in Exhibit “A”, and for transportation and distribution of oil, gas, or products thereof pursuant to the terms and provisions of Division 3, Chapter 2 of the Public Utilities Code of the State of California and subject to applicable Federal and other State laws and regulations. ARTICLE 3 TERM OF FRANCHISE This franchise shall be for a term of twenty-five (25) years from the effective date of this Ordinance. Notwithstanding any other provision of this Article to the contrary, this franchise may be sooner terminated by the surrender or abandonment by its possessor, or by the acquisition by the State of California, or any municipal or public corporation or by voluntary purchase or by the exercise of the power of eminent domain, or by forfeiture for noncompliance with the terms and provisions hereof. ARTICLE 4 COMPENSATION A. Amount of Fee As consideration for this franchise hereby granted, the Grantee, will pay to the City of Cerritos, a one-time granting fee of five thousand dollars ($5,000) within thirty (30) days after the adoption of this ordinance. In addition, as consideration for this franchise hereby granted, the Grantee shall be obligated to pay to the City, an annual fee as set forth in the California Public Utilities Code, Section 6231.5, as the same may be amended from time to time, or any successor provision or provisions thereto. The current base rate per lineal foot of 8-inch internal diameter pipe is $0.176 multiplied by the length of the said pipe in feet, and pipelines constructed across public streets shall be considered as franchise property irrespective of the nature of the City’s road easement, unless the Grantee’s rights to occupy such public streets predate the City’s rights thereto. Other fees may be established and revised from time to time by resolution of the City Council to defray the cost of review by the City for any safety, emergency preparedness or other reports or procedures which may validly be required in conformity with Federal and State laws and regulations as such may be amended or otherwise enacted. B. Computation of Payments Payments made for years 2009 and 2034 shall be pro-rated to cover the actual number of calendar days within each of these years that Grantee has pipelines in place which are applicable to this franchise. All other payments shall be computed from January 1, 2009 to and including the date of either actual removal of the pipelines or the effective date of an approved abandonment “in place” authorized by the City, and until the Grantee shall have fully complied with all the provisions of this Ordinance and all other applicable Federal and State laws and regulations and any City Ordinance relative to such abandonment. The Grantee shall file with the City Clerk within ninety (90) days after the expiration of the calendar year, or any fractional calendar year following the effective date of the Ordinance, and within ninety (90) days after the expiration of each subsequent calendar year or fraction thereof, during which this franchise is in effect, a verified statement showing in detail for the term of the franchise in such calendar or fractional year, as the case may be, the number of linear feet of pipe and the nominal diameter thereof expressed in inches, so laid, used, and/ or maintained during said year. With said statement the Grantee shall pay to the City Clerk, in lawful money of the United States, the aforesaid payments of compensation. Any neglect, omission or refusal of the Grantee to pay the compensation within the required time or in the manner provided, which neglect, omission or


18 COMMUNITY NEWS GROUP • APRIL 17, 2009 refusal shall continue more than fifteen (15) days following delivery of written notice thereof to the Grantee by the City, shall be grounds for the declaration of the forfeiture of this franchise and of all rights of the Grantee hereunder. The City Clerk shall have the power and authority to reasonably dispute any verified statement and to require additional proof with respect to any matters set forth in said verified statement and in addition shall have the power, in additional to any other rights of inspection of records of Grantee which may elsewhere be covered by this Ordinance, to examine any books or records of the Grantee or its successors or assigns, upon which any verified statement is based. In the event of installation or abandonment of applicable pipeline facilities with the approval of the City or otherwise pursuant to controlling laws or governmental regulations, or any removal of such facilities by the Grantee, the payments otherwise due to the City under this Ordinance shall be pro-rated for the calendar year in which such installation, abandonment or removal of such facilities occurs, as of the end of the calendar month in which installed, removed or abandoned. PROVIDED, HOWEVER, that the amount of each annual payment shall be computed and revised at the time of payment as set forth in the California Public Utilities Code, Section 6231.5 as follows: (1) The applicable base rate shall be multiplied by the Consumer Price Index, all Urban Consumers, for the Los Angeles-Long Beach metropolitan area (“CPI”), as published by the United States Department of Labor, Office of Information for the month of September immediately preceding the month in which payment is due and payable, and divided by the CPI for June 30, 1989, which is declared to be 100.0. Under no circumstances shall the multiplying factor be less than one. (2) If the United States Department of Labor, Office of Information discontinues the preparation or publication of the CPI for the area, and if no translation table prepared by the Department of Labor is available so as to make those statistics which are then available applicable to the index of June 30, 1989, the City shall prescribe a rate of payment which shall, in its judgment, vary from the rates specified in this section in approximate proportion as commodity consumer prices then current vary from commodity consumer prices current in December, 1988. On this point, the determination by the City shall be final and conclusive. ARTICLE 5 PERFORMANCE BOND During the life of this franchise Grantee shall keep on file with the City Clerk and maintain in good standing, a bond in favor of the City with at least two (2) good and sufficient sureties approved by the City Council, or with a corporate surety approved by the City Attorney, in the principal sum of one hundred twenty-five thousand dollars ($125,000) under the condition the pipeline remains dormant or unused, but bond must be increased to two hundred and fifty thousand dollars ($250,000) before the pipeline is returned to service and ever used for the transportation of any product. At any time, the amount of the bond requirement may be increased to an amount the City Engineer, in sole discretion may reasonably determine is appropriate, on condition that the Grantee shall well and truly observe, fulfill and perform each term and condition of this franchise. The City, after delivery of written notice to Grantee of such breach and the failure of Grantee to cure or commence such cure after having a reasonable opportunity to do so, may cure the breach and may recover from the Principal and sureties the reasonable expenses incurred, including reasonable attorney’s fees and cost. The bond shall be filed with the City Clerk by this Grantee within five (5) business days after the effective date of this Ordinance. ARTICLE 6 GRANTEE’S GENERAL OBLIGATIONS A. The Grantee shall construct, install and maintain all pipes and appurtenances in good and workmanlike manner and with good materials and in conformity with all of the applicable ordinances, rules and regulations heretofore or hereafter adopted by the City Council in the exercise of its police power, subject to the provisions of the Pipeline Code, Pipeline Safety Act and regulations and orders of the State Fire Marshall and any other applicable Federal and State laws relating to the location, maintenance, operation and safety of such facilities therein. B. The Grantee shall comply with all applicable requirements of the Pipeline Code, subject to any changes, amendments and modifications as may hereafter be adopted, concerning accident reporting (subpart B), design requirements (subpart C), construction (subpart D) and compliance with all other applicable Federal, State and local laws and regulations, including but not limited to compliance with testing or operational compliance requirements which are not preempted by the Federal and State laws and regulations and may be validly established in conformity with such laws and regulations by any administrative order of the City Manager or his duly appointed designee covering operations under this franchise. C. The Grantee, in constructing, installing, maintaining and operating the franchise property, shall make and backfill all excavations in such manner and way as to leave the structural integrity and surface of the public street, alley, highway or public place in as good condition as it was prior to said excavation in accordance with established City standards as they exist or hereafter may be amended and to the satisfaction of the City Engineer, as well as to conform to the ordinance of the City as they now exist or may hereafter be amended and controlled with respect to the securing of permits. All required City permits shall be obtained within a reasonable time in advance before commencing of work for excavations and filling in obstructions of City streets and other public property, except as may be required for immediate response to an emergency. D. Grantee shall have the right to construct and maintain such traps, manholes, conduits, valves, appliances, attachments and appurtenances as may be necessary or convenient for the proper maintenance and operational safety of the pipelines under said franchise, and except for appurtenances installed in sidewalk, parkway or median areas, said appurtenances shall be kept no higher than the surface of the street and so located as to conform with any order of the City Engineer in regard thereto and not interfere with the use of the street for travel. E. The work of constructing, maintaining, or repairing all pipes, pipelines and appurtenances shall be conducted with the least hindrance reasonably possible to the use and safety of the streets for the purpose of travel and in the most reasonably possible time; as soon as such work is completed, all portions of the streets which have been excavated or otherwise damaged thereby, the Grantee shall make and backfill all excavations in such a manner and way as to leave the structural integrity and surface of the public street, alley, highway or public place in as good condition as it was prior to said excavation in accordance with established City standards as they exist or hereafter may be amended, and to the satisfaction of the City Engineer, as well as to conform to the ordinance of the City as they now exist or may hereafter be amended and controlled with respect to the securing of permits. All required City permits shall be obtained within a reasonable time in advance before commencing of work for excavations and filling in obstructions of City streets and other public property, except as may be required for immediate response to an emergency. F. So far as is practicable and within the requirements of the City, any pipelines hereinafter laid under this franchise by Grantee shall be located along the edge or shoulder of the streets or in the parking area adjacent thereto, so as not to unreasonably disturb the flow of traffic, and where possible, shall be laid in the unpaved part of the street. G. Grantee shall pay to the City within thirty (30) days after receipt of a written demand from the City and a presentation to Grantee of an itemized account of the costs, its costs of repairs to pubic property made necessary by any act or omission of Grantee to reasonably comply with Grantee’s obligations under the franchise. H. Except for the negligence or willful misconduct of City, its officials, officers, employees, agents, contractors or representatives, Grantee undertakes and agrees to defend, indemnify and hold harmless City and any and all of the City’s officials, officers, employees, agents, assigns, and successors in interest from and against all lawsuits, causes of action, claims, losses, demands, administrative assessments and fines, and expenses, including, but not limited to, reasonable attorney’s fees and costs of litigation, arbitration, administrative proceedings, damage or liability of any nature whatsoever, for death or injury to any person, including Grantee’s employee or damage of or destruction to any property of either the City or Grantee, or any person, or any damage or any cost or expense of any kind whatsoever arising from any leak from Grantee’s pipelines

TO ADVERTISE CALL 800-901-7211 covered by this franchise or any other contamination or nuisance caused by the presence of Grantee’s facilities which are covered by this franchise. Upon receipt by Grantee of a written demand from the City, and provided the above indemnity is applicable, the Grantee shall at its own expense defend any lawsuit or action or administrative proceeding brought against the City, its officials, officers, employees or agents, assigns and successors in interest by counsel reasonably acceptable to the City. I. Grantee shall remove and relocate without any expense to the City, any facilities installed, used or maintained under this franchise if and when necessary by any lawful street vacation, change of grade, locations, use, alignment or width of any street, or the construction therein or there under of any subway, viaduct, sewer, storm drain, pipelines or other improvement made by the City. This franchise shall not constitute any agreement or undertaking by the City nor impose upon the City any obligation to pay any part of the cost for removal or relocation of any such pipes and appurtenances when required, in order to accommodate construction of any pubic right-of-way. J. Grantee shall promptly repair or cause to be repaired, at no cost and expense to the City and to the satisfaction of the City, any damage to any street or public place of public improvement to the extent such damage was caused directly or indirectly by the Grantee in exercising any right, power or privilege or in performing any duty under or pursuant to any of the provisions of this franchise. K. The Grantee shall promptly repair or cause to be repaired any leaks or breaks in its pipelines. If any private property shall be damaged by any leaks or breaks in pipelines or by reason of any cause arising from the operation or existence of franchise property, through no fault of the City, its officials, officers, employees, agents, contractors or representatives, the Grantee shall, at no cost and expense to the City, immediately repair and restore, or cause to be repaired and restored, such private property to the satisfaction of the City Engineer. L. Grantee shall file with the City Clerk within thirty (30) days after the passage of this Ordinance, the written acceptance of the covenants, terms conditions hereof. M. At all reasonable times, the Grantee shall permit any duly authorized representative of the City to examine all franchise property, together with any appurtenant property of the Grantee situated within or, as is reasonable under the circumstances, without the City, and to examine and transcribe any and all non-confidential maps and other non-confidential records kept or maintained by the Grantee or under its control which directly pertain to the operations, affairs, transactions or property of the Grantee with respect thereto. If any of such maps or records are not kept in the City, and upon reasonable request made available in the City, if the City shall determine that an examination thereof is necessary or appropriate to the performance of any of its duties, then all reasonable travel and maintenance expense necessarily incurred by the City in making such examination shall be paid by the Grantee. The Grantee shall prepare and furnish to the City, at the times and in the form prescribed by the City, such reports, with respect to its operations, affairs, transactions or property, as may be reasonably necessary or appropriate to the performance of any of the duties of the City Manager or City Engineer or City Clerk or other representatives of the City appointed by the City Manager in connection with this franchise. ARTICLE 7 ASSIGNMENT This franchise is a privilege to be held in personal trust by the original Grantee. The Grantee shall not sell, lease, assign or transfer this franchise or any right, powers or privilege granted hereby, nor permit any other person to exercise any rights or privileges authorized hereunder, in whole or in part, either by agreement, merger, consolidation or otherwise, without the approval and consent of the City Council. Any purported or attempted sale, lease, assignment or transfer thereof, without such approval and consent, regardless of whether made voluntarily or otherwise, such be void and of no effect, and shall transfer none of the rights, power or privileges granted by the franchise. In the event a sale, lease, assignment or transfer of this franchise is approved by the City Council as herein provided, the franchise shall, upon acceptance thereof by the Grantee’s assigns or successors, be binding upon such assigns or successors to the same extent and in like manner as upon the Grantee. ARTICLE 8 CITY IMPROVEMENT The City reserves the right to improve any highway, street, alley or other public place or portion thereof over and within which this franchise is granted, including the widening, change of grade, construction or reconstruction of such highway, street, alley, or other public place or portion thereof, and that it is further reserved to the City and any political subdivision or district within the City of Cerritos, the right to construct, reconstruct, install, repair and maintain in any such highway, street, alley or other public place or portion thereof, any public improvement. If notice in writing is given to the Grantee sixty (60) days in advance of when the work is to commence specifying in reasonable detail the work to be done and the area in which the same is to be performed, then the Grantee shall do all things reasonably necessary to protect its facilities covered by this franchise or property incidental or appurtenant thereto. During the progress of such work, and if so ordered by the City Engineer, the Grantee shall relocate its franchise property within the highway, street, alley, or other public place to such extent, and in such manner, as shall be necessary to permit the performance of such work in an economical manner, and in accordance with generally recognized engineering and construction methods. In the event that the City shall hereafter construct, install, reconstruct or repair any bridge or artificial support in or underlying any street in which any pipes or appurtenances of the Grantee are located pursuant to this franchise, and in the event that the cost thereof be increased in order to provide for the installation, maintenance or operation of any such pipes or appurtenances in or on the street area which said bridge or artificial support covers or underlies, then the Grantee shall pay to the City the full amount of such increase of cost, upon completion of such construction, installation or repair and the presentation to Grantee of an itemized statement of such cost. To the extent any damage is done, directly or indirectly, to any such public improvement by the Grantee in exercising its rights under this franchise, or in performing any duty under or pursuant to the provisions of this franchise, such damage shall be promptly repaired or caused to be repaired by said Grantee at no cost and expense to the City. ARTICLE 9 STREET EXCAVATIONS The City Engineer shall have power to give the Grantee such directions for the location of any pipes and appurtenances as may be reasonably necessary to avoid sewers, water pipes, conduits or other structures lawfully in or under the street; and before the work of constructing any pipes and appurtenances is commenced, the Grantee shall file with the City Engineer plans showing the location thereof, which shall be subject to the approval of the City Engineer, which approval shall not be unreasonably withheld or delayed. The Grantee shall provide adequate traffic safety barriers, signs, devices and traffic safety warning equipment and personnel for any excavation work conducted by Grantee upon any City owned or controlled property. All such construction shall be subject to the inspection of the City Engineer and done to his reasonable satisfaction. All street coverings or opening of traps, vaults and manholes shall at all times be kept flush with the surface of the street; provided, however, that vents for underground traps, vaults and manholes and cathodic protection equipment may extend above the surface of the street, when said vents and cathodic protection equipment are located in parkways between the curb and property line. Where it is necessary to lay underground pipe through, under, or across any portion of the paved or macadamized street, the same where practicable and economically reasonable, shall be done by tunnel or bore, so as not to disturb the foundation of such paved or macadamized street; and in the event that the same cannot be done, such work shall be done under a permit to be granted by the City Engineer upon application thereof. Nothing herein shall be deemed to make the City, the City Engineer, or any official, officer, employee or agent of the City responsible or liable to the Grantee by reason of the approval of plans for the installation of pipes or appurtenances or by reason of any information or other material supplied to the Grantee pertaining to the location of existing pipes, facilities or improvements on,


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in or under said street or public property, and the City by granting this franchise, does not warrant the accuracy of such approval or information so supplied or given to the Grantee. The Grantee is cautioned to ascertain the existence of all pipes, sewers, conduits, improvements and other facilities in, on or under any street or public property in or on which the franchise property is located, and location thereof. ARTICLE 10 FORFEITURE If the Grantee shall fail to comply with or to commence and diligently proceed towards compliance with any instructions consistent with the terms of this franchise of the City or the City Engineer or any City officer or employee having authority to act with respect to the location of any of pipelines facilities covered by this franchise, or to the repair of any damage to highways, streets, alleys or other public places, or any other public improvement, within ten (10) business days after the service of written notice on the Grantee requiring compliance therewith, then the City Council may immediately do whatever work is necessary to carry out the instructions at the cost and expense of the Grantee, which cost, by acceptance of the franchise, the Grantee shall pay within thirty (30) days after presentation to Grantee of an itemized account of such cost. If the Grantee of this franchise shall fail, neglect or refuse to comply with any of the provisions of this Ordinance or conditions thereof, and shall not within ten (10) business days after service of written demand upon Grantee for compliance, begin the work or compliance, or after such beginning shall not prosecute the same with due diligence to completion, then the City Council may declare this franchise forfeited. It is agreed that the aforementioned remedies are separate and distinct, and that the City Council may elect to proceed along either or both of the aforementioned remedies. Upon the termination of this franchise, whether by forfeiture or otherwise, the Grantee shall be barred from further use of the City’s public streets, alleys, roads, highways and other public places for the purposes covered under this franchise. Repair of any damage to highways as used in this Ordinance includes the restoration of existing roads, streets and highways to as good condition as existed prior to any street opening by the Grantee. The Grantee upon completing any street opening shall restore such street, highway, and public property to at least as good condition as the same existed immediately prior to said opening, and does by acceptance of this franchise, guarantee that the work of restoration shall meet or exceed a reasonable workmanlike standard and maintain the road surface in as good condition as other adjacent portions of said road not disturbed by the opening. ARTICLE 11 EMINENT DOMAIN The Grantee agrees that the franchise granted hereunder shall never be given any value before any court or other public authority in any proceeding of any character in excess of the cost to the Grantee of the necessary publication and any other sums paid by the Grantee to the City for this franchise. The franchise granted hereunder shall not in any way or to any extent impair or affect the right of the City to acquire the property of the Grantee hereof, either by purchase or through the exercise of the power of eminent domain. ARTICLE 12 EMERGENCY PREPAREDNESS A. Within thirty (30) days following the acceptance of this franchise, the Grantee shall provide the City Engineer the opportunity to review the Grantee’s emergency response plan for the Los Angeles area, which includes the city of Cerritos. The plan shall identify the procedures, which the Grantee has established for informing local police, fire and other municipal emergency personnel of steps to take in the event of an emergency. Also, the plan shall list a description of all oil, gas, or products thereof, which are or will be transported through the pipelines described in Exhibit “A”. Grantee will promptly notify the City Engineer of any changes in the procedures previously established in said report and any different oil, gas, or products thereof which Grantee is or will be transporting through said pipelines, if not previously listed and reported by Grantee to the City Engineer. Grantee shall also provide, either through the emergency response plan or by separate documentation, the following information: (1) A diagram or map showing the “As Built” or modified locations of the pipelines described in Exhibit “A”, including all block valves or other mechanical devices situated along the pipeline. (2) Material Safety Data Sheets for each product transported in the pipelines described in Exhibit “A”; (3) A description of the liaison procedure established by the Grantee with fire, police and/or sheriff, and other City emergency personnel, including the means for communication of information during such emergency and measures which may prevent the igniting of vapors or other hazardous substances released in any such emergency; and (4) Other information as may be validly required in conformance with Federal and State laws and regulations and by the City Council. B. At all times during the term of this franchise, Grantee shall maintain on a twenty-four (24) hour basis adequate emergency equipment and properly trained emergency crews within a radius of twenty-five (25) miles from any facilities installed or maintained pursuant to said franchise, for the purpose of shutting off pressure and flow of contents of such facilities in the event of any emergency resulting from an earthquake, an act of war, civil disturbance, flood or other cause. Grantee shall at all times maintain in the office of the City Clerk an emergency telephone number whereby and through such number such emergency crew may be reached. ARTICLE 13 INSURANCE The Grantee shall maintain all insurance required by California law. Further, the Grantee shall procure and keep in effect a policy or policies of liability insurance in an amount of not less than Five Million Dollars ($5,000,000.00), combined single limits, or any different amount which the City may, in accordance with succeeding paragraphs appearing below in this Article, later deem appropriate. Said policy or policies shall name the City, its officials, officers, employees and agents as additional insureds with the Grantee. In lieu of such policy or policies, a certificate of endorsement to the foregoing effect approved by the City Attorney and the City Risk Manager shall be sufficient. A certified copy of such policy or policies or certificate of endorsement shall be filed with the office of the City Clerk. Grantee shall maintain continuous insurance coverage in the amount specified herein, or as may be modified periodically during the franchise term and shall notify the City of policy renewals, extensions, and changes in terms and conditions with underwriters no later than thirty (30) days after each such occurrence. City reserves the right to review the minimum amount of liability insurance required to be maintained by Grantee and City may require Grantee to increase the minimum amount of liability coverage at any time after this franchise has been in effect for at least five years. Evidence of such increased amount of liability insurance shall be provided by Grantee in a form approved by City within thirty (30) days after Grantee’s receipt of written notice from City informing Grantee of the requirement to procure such increased coverage. After each succeeding five year interval from the last written notification from the City requiring an increase in the minimum amount of liability insurance, the City may require increased minimum liability insurance coverage and Grantee shall increase the amount of liability insurance within thirty (30) days from receipt of written notification from the City requiring such an increase at least to the minimum amount specified in such notice. Failure of Grantee to obtain and maintain liability insurance as required by City in accordance with this Article shall be deemed a material breach of Grantee’s obligations under this franchise and shall constitute grounds for forfeiture pursuant to Article 10 hereof. ARTICLE 14 ACCEPTANCE OF FRANCHISE The acceptance of this franchise by the Grantee must be filed within thirty (30) days after the adopting of this Ordinance. Upon filing of such acceptance, and

19

provided this Ordinance has become effective, all other franchises and privileges heretofore granted to the Grantee or its predecessors in interest in respect to Grantee’s franchised pipelines located within the City of Cerritos shall terminate. ARTICLE 15 REMOVAL OR ABANDONMENT OF FACILITIES At the time of the expiration (unless renewed), revocation, or termination of this franchise, or the permanent discontinuance of the use of its facilities, or any portion thereof, Grantee shall, within thirty (30) days thereafter make written application to the City Engineer for authority to either abandon all or a portion of such facilities in place or to remove all or a portion of such facilities. Thereupon the City Engineer shall determine whether any abandonment or removal which is thereby proposed may be effected without detriment to the public interest or under what conditions such proposal of abandonment or removal may be safely effected and shall then notify the Grantee according to such requirements as shall be specified in the City Engineer’s order. Within ninety (90) days thereafter, Grantee shall pursuant to such order of the City Engineer, either (a) remove all or a portion of such facilities; or (b) abandon in place all or a portion of such facilities in accordance with all conditions prescribed. If any facilities to be abandoned in place, subject to prescribed conditions, shall not be abandoned in accordance with all of such conditions, then the City Engineer may make additional appropriate orders, including if he deems appropriate, an order that the Grantee shall remove all such facilities. If Grantee fails to comply therewith within a reasonable period of time after receiving such order from the City, the City Engineer may cause said facilities to be removed at the Grantee’s expense, and the Grantee shall pay to the City the actual cost thereof plus twenty (20%) percent for overhead, or if the work be performed by force account, thirty (30%) percent of direct labor costs, after the presentation to Grantee of an itemized statement of such cost. ARTICLE 16 INTERPRETATION, LIMITATION UPON GRANT AND RIGHTS RESERVED BY CITY A. Unless otherwise specifically prescribed herein, the following provisions shall govern the interpretation and construction of this franchise: (1) The singular number includes the plural, and the plural number includes the singular. (2) Time is of the essence. The Grantee shall not be relieved of its obligation to promptly comply with any provision hereof by any failure of the City to enforce prompt compliance with the same of any other provision. (3) Any right or power conferred, or duty imposed upon any officer, employee or department of the City, is subject to transfer by operation of law to any other officer, employee or department of the City. (4) Except as otherwise set forth herein, the Grantee shall have no recourse whatsoever against the City or any official, officer, employee or agent thereof for any loss, cost, expense or damage arising out of any provision or requirement of this franchise or the enforcement thereof. B. The following limitations shall apply: (1) No privilege or exemption if granted or conferred by this franchise except those specifically prescribed herein. (2) If any provision of this franchise, or the application thereof to any person or circumstances, is held invalid, the remainder of the franchise, or the application of such provision to other persons or circumstances, shall not be affected thereby. C. The following rights are reserved to the City: There is hereby reserved to the City every right and power which is required to be herein reserved or provided by any provision of the City’s Charter or other City ordinance, and the Grantee by its acceptance of this franchise agrees to be bound thereby and to comply with any action or requirement of the City in its exercise of any such right or power. Neither the granting of this franchise nor any provision hereof shall constitute a waiver or bar to the exercise of any governmental right or power of the City. ARTICLE 17 CUMULATIVE REMEDIES No provision herein made for the purpose of securing the performance of the terms and conditions of this franchise shall be deemed an exclusive remedy, or to afford the exclusive procedure, for the enforcement of said terms and conditions, but the remedies and procedures herein provided, in addition to those provided by law, shall be deemed to be cumulative. ARTICLE 18 NOTICES Any notice required to be given under the terms of this franchise, the manner of service of which is not specifically provided for, may be served as follows: A. Upon the City by serving the City Manager personally, or by addressing a written notice to the City Manager, City of Cerritos, 18125 Bloomfield Avenue, P.O. Box 3130, Cerritos, California 90703-3130, or such change of address as the City Manager should hereafter serve on the Grantee, and depositing such notice in the United State mail, postage prepaid. B. Upon the Grantee by addressing a written notice to the Grantee, addressed to Cardinal Pipeline, L.P., c/o Crimson California Pipeline, L.P., 2459 Redondo Avenue, Long Beach, CA 90806, or to such other address as the Grantee shall provide in writing to the City from time to time, and depositing such notice in the United State mail, postage prepaid. SECTION II: PUBLICATION The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in a newspaper of general circulation, at least once, within fifteen (15) days after its final passage. The Grantee shall pay to the City a sum of money sufficient to reimburse it for all public expenses incurred by it in connection with the granting of this franchise, and such payment shall be made within thirty (30) days after the City has furnished Grantee with a written statement of such expense. This Ordinance shall take effect thirty (30) days after its adoption. PASSED, APPROVED, and ADOPTED this 9th day of April, 2009. /s/Bruce W. Barrows Bruce W. Barrows, Mayor

ATTEST: /s/Josephine Triggs Josephine Triggs, City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF CERRITOS

) ) ss. )

I, Josephine Triggs, City Clerk of the City of Cerritos, California, DO HEREBY CERTIFY that the foregoing Ordinance No. 947 was duly adopted by the City Council of the City of Cerritos at a Regular Meeting held on the 9th day of April, 2009, and that it was so adopted as follows: AYES: NOES: ABSENT: ABSTAIN:

COUNCILMEMBERS COUNCILMEMBERS COUNCILMEMBERS COUNCILMEMBERS

– – – –

Chen, Edwards, Lee, Barrows None None Cho

DATED: April 10, 2009 /s/Josephine Triggs_______ Josephine Triggs, City Clerk Published at Los Cerritos Community Newspaper 4/17/09


20 COMMUNITY NEWS GROUP • APRIL 17, 2009

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8 NORWALK COMMUNITY NEWS • DECEMBER 12, 2008 Norwalk Chamber of Commerce 12040 Foster Road Norwalk, Ca 90650 PH: 562.864.7785 FX: 562.864.8539

Celebrating 50 Years of service to Our Business Community Volume 12, Issue 6, Fall 2008 Official Publication of the Pico Rivera Chamber of Commerce

5th Annual Community Business and Health Expo. A huge success. Central Basin Municipal Water DisThe Pico Rivera Chamber of Commerce held its 6th Annual Community Business & Health Expo on November 5, 2008 at Pico Park 9528 Beverly Blvd. in Pico Rivera. This years theme was: “The Chamber is 50 and Still Red Hot”! Over 40 exhibitors were at the event that was very well attended by both residents and businesses.

DR. TED MARTINEZ, JR. NAMED ONE OF THE TOP 25 LATINOS IN EDUCATION BY LATINO LEADERS MAGAZINE

Platinum Sponsors were: ALMA Family Services, Vernola Towing and Washington Mutual-Chase. Gold Sponsors were: HealthFirst Medical and Crowne Plaza. Silver Sponsors were: Bright Health Physicians, AltaMed Health Services and Rubio’s Fresh Mexican Grill. Exhibitors offered services such as: blood pressure tests (HealthFirst Medical), bone density readings (MD Care & PR Clinica Medica Familiar), glaucoma testing (Lion’s Club of Pico Rivera), And CareMore Medical offered free flu shots. Food vendors: Café N Stuff, Casa Gamino, Edible Arrangements, Magic Bakery and Java Jo’z. offered tastes of their cuisines. Downey Plumbing, Heating & Air Conditioning and

trict offered water to all attendees. The “Salsa Tasting Contest” brought out 10 local residents: Linda Martinez, Teresa Martinez, Ronnie Winans, Maria Juarez, Hilda Juarez, Hilda Rodarte, Diana Aguayo, Mary Conchola, Rocio Davalos and Flor Osorio. The 3rd place winner of $50 was Ronnie Winans; the 2nd place winner of $75 was Diana Aguayo and the 1st place winner of $150 was Teresa Martinez (second time in a row). 50 Chili’s (door prize tickets) and numerous door prizes donated by the exhibitors went to very happy attendees. The 50/50 raffle of $150 went to a lucky winner and the best decorated table winner of a $100 gift card to Staples was Edible Arrangements. Congratulations to all the winners.

Salsa contest winners

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Martinez, Jr., Ph.D., Superintendent/President of Rio Hondo College was named one of the Top 25 Latino in Education by Latino Leaders Magazine in the September 2008 issue. The publication is distributed eight times per year throughout the United States and Puerto Rico. The magazine features interviews with major Latino players in all fields of expertise with editorials that focus on social, political, and business leaders. Other educators selected for this honor include France Cordova, President, Purdue University; Elsa A. Murano, President, Texas A & M University; and J. Michael Ortiz, President California State Polytechnic University. “The Board of Trustees extends our congratulations to Dr. Martinez for this much deserved honor,” said Angela Acosta-Salazar, president of the Rio Hondo College Board of Trustees. “We are very pleased with our decision to appoint Dr. Martinez as the eighth Superintendent/ President of Rio Hondo College, for his accomplishments and for his commitment to meeting the needs of our community.” The magazine praised Dr. Martinez for his commitment to creating and facilitating collaboration within the college itself, and with the communities it serves. They describe him as being focused on all of the elements of student success, see Martinez page 2

The Salsa contest drew 10 contestants this year. The winners from left are Third Place Ronnie Winans $50.00, Second Place Diana Aguayo $75.00 and for the second year in a row Teresa Martinez won the top prize of $150.00

Judges for the Salsa Tasting Contest were, from the left, Director Judy Gilleland -TriCities ROP, Director Vera Diaz Powers - John R. Diaz & Associates, Director and Event Chair Alex Saulus - HealthFirst Medical, Director David Briano - State Farm Insurance, Chamber President Koko Judge - Crowne Plaza Hotel and Ambassador Omar Martinez - Farmers Insurance

More Pictures of the 6th Annual Community Business & Health Expo on page 4

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To place an ad in the Business Journal call the chamber for rates or visit www.picoriverachamber .org and click on Advertising.

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PRESIDENT Susan Arthur Norwalk Toyota PAST PRESIDENT Teri Bazen Norwalk La Mirada Plumbing VP FINANCE Betty Chacon Wells Fargo Bank PRESIDENT ELECT Teri Bazen Norwalk La Mirada Plumbing VP COMMUNICATIONS/SECRETARY Rob Cazares Outback Steakhouse AMBASSADOR CHAIR Rob Cazares Outback Steakhouse EVENTS CHAIR Susan Arthur Norwalk Toyota CHAMBER DEVELOPMENT CHAIR Jesse Urquidi Norwalk Lions Club HBC/SMALL BUSINESS DEVELOPMENT CHAIR Maria Grimaldo Farmers Insurance LEGISLATION CHAIR Julia Emerson So. Cal. Gas Company

Photo by Oscar Castillo

Captain Michael Rothans Receives Champions of Exploring Award

Learning for Life, an affiliate of the Boy Scouts of America honored Michael Rothans, Captain of the Los Angeles County Sheriff’s Pico Rivera Station with the Champions of Exploring Award on Tuesday, November 18, at the Whittier Radisson, Whittier, California. Learning for Life serves young men and women, between 14 and 20 years of age, who participate in Exploring, part of the program’s career education activities. Its purpose is to instill core values that prepare participants in making ethical choices which help them to achieve their full potential throughout life. The organization recognizes community leaders whose commitment to the principles of Exploring is exemplary and whose personal and professional character lend themselves to the core values of Learning for Life. Learning for Life Director, Greg Salce stated, “Captain Rothans’ commitment to public safety and civic service has made him well-deserving of this award. As this year’s recipient, he has been instrumental in positively affecting thousands of young people in Los Angeles and surrounding communities through his support of Learning for Life Schoolbased programs.” Captain Rothans has been associated with the sheriff’s department since 1984 and was assigned to the Pico Rivera station in 2004 where he was promoted to Captain in 2006 and serves 100,000 residents in the City of Pico Rivera and unincorporated areas of Whittier. Rothans has been an executive board member of Learning for Life since 2004 and was Chairman of the Los Angeles Area Learning for Life Exploring Division from 2004 through 2007. He was also the recipient of the LA Sheriff’s Department’s Distinguished Service Award in 1997; the Exemplary Service Award in 2001 and 2005, and the Meritorious Service Award in 2008. According to Salce, in the Los see Rothans page 2

PO Box 847 Pico Rivera CA 90660-6347 Phone (562) 949-2473 Fax (562) 949-8320 www.picoriverachamber.org

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President’s Message November’s elections have come and gone, and we are heading quickly toward the holiday season. It seems like everyone I talk to can’t believe that it is almost the end of another year. We are all busy trying to see how we can fit all the events into our schedules, as well as into our budgets and still have a great holiday! On behalf of the Norwalk Chamber of Commerce, I would like to extend best wishes for a healthy, successful, and joyous Holiday. As we approach the final weeks of 2008, we are busy planning our chamber events for 2009. We need to know what you would like to see more of next year. Every suggestion we receive from our membership is valued and welcomed. To better be able to serve you, we need to know what you enjoyed attending and what you felt we could improve upon. Hearing from our membership on how we can be a greater value to yourself and your business is crucial to our chamber. The more input we have from our membership, the more effective our 2009 will be. BUT WATCH OUT FOR 2009!!! Mark your calendars to GET INVOLVED IN THE JANUARY 2009 NETWORKING OPPORTUNITIES!! NETWORK LUNCHEON, THURSDAY JANUARY 22ND.

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NOVEMBER 2008

Costco Wholesale Mike Sims Sims Creditor Service Joseph Derthick AFLAC Eric Lopez Reach Local Amy Condit Community Family Guidance Center Lynda Fisher Wal-Mart Toni Grijalva Cerritos College City Council Liaison Mike Mendez

New Members

New Beginnings Praise Center Pastor Debbie Wescott 16000 S. Norwalk Blvd Norwalk, CA 90650 562-404-8086 Western Sizzlin’s Wood Grill Buffet Ray Hakim 12241 Imperial Hwy. Norwalk, CA 90650 562-406-2600

Renewals

33 Years CR & R 22 Years Little Lake School District 21 Years Frantone’s 13 Years American Cancer Society 12 Years Payless Foods 7 Years Legal Aid Society 1 Year Native Sons of the Goldenwest Southland Harmony Chorus Lorraine Neal

Message from the Membership Services Director by Bryana Mason

It’s typical for the vast majority of small businesses to be local not only in location but in marketing focus. The wider your marketing base, the more people you are likely to reach. In hard times, looking beyond the regular geographical boundaries of your business is good business. Do not be afraid to market on a larger scale, but while utilizing cost-efficient marketing. When a recession or other difficult times hit, the marketing function of a business is usually the first to go. Remember with less advertising and marketing, the funnel of incoming prospects is reduced creating even more revenue decreases and setting up a vicious cycle that you do not want to get caught in. One key to salvage any business in hard times isn’t to reduce your marketing activities but to replace them with low-budget marketing. Lowbudget marketing included tactics such as PR, NETWORKING, PUBLIC SPEAKING, AND MORE. Get involved in the community, for example, join your local Chamber of Commerce, these organizations are not in it for themselves, but for you and the future of your business. They want to help you create contacts and business relationships with other business owners in your area.These meetings can create strategic partnerships that can help further your business and clientele base. This goes back to the LOWBUDGET marketing I mentioned earlier. Surviving hard times requires going BACK TO THE BASICS, back to the AND THE NORWALK fundamental principles of business. Some CHAMBER BUSINESS EXPO things to remember: make sure you are January 29th, 2009!!!! YOU WON’T doing regular financial checks, providing WANT TO MISS THESE BIG sales training, and managing your customer EVENTS Peace and ease for the holi- relationships; these basic steps can help day season! retain customers and create a rapport with Susan Arthur new clientele. Have a Happy Holiday Season!!!

2008 Norwalk Chamber Casino Night On Friday, November 8th the Norwalk Chamber of Commerce had their annual Casino Night. With over 70 attendees, this event was fun for all! You could hear people really enjoying the various gaming tables available for them , whether it be Blackjack, Roulette, Texas Hold’em or Craps; everyone was having a good time. We had over 30 raffle items to give away, they were donated by: Teri Bazen, Bally’s Total Fitness, Whaley House, Birch Aquarium, Casino Concepts, Cerritos Center for the Performing Arts, Applebee’s, Dr. John Larcabal, Sizzler, Golf N Stuff, Hearst Castle, Sunstone Vineyards, Karen Codman FSC, Laemmle Theatre, Legoland, L.B. Symphony Orchestra, Norwalk Chamber, NLM Plumbing, Norwalk Toyota, Paintball USA, Pechanga, Primm Nevada Terribles, Spirit Cruises, La Mirada Curves, and Wal-Mart. The Norwalk Chamber and the attendees to the Casino Night would like to

extend a big THANK YOU for the donations to this event; you helped create this success of an evening! The Casino Night had different levels of sponsorship that were available to Chamber members to participate in and we would like to also extend a very big THANK YOU to these members who contributed to this cause. WalMart, AFLAC, Big Truck & Equipment Sales, Community Family Guidance Center, Dr. Ethan Allen, State Farm Insurance, Gordon Stefenhagen, Norwalk La Mirada Plumbing, Mary Jane McIntosh and Norwalk Auto Auction. Your sponsorship donations are greatly appreciated, you help keep the Norwalk Chamber of Commerce moving forward in helping the local Business Community continue to thrive! We look forward to the upcoming events, and hope you mark your calendars to attend!

Labor Law Corner Employee who quits job may be eligible for unemployment insurance. One of my employees quit to go to work for one of my competitors. After a few months she got laid off from her new job and now she’s collecting unemployment insurance from my reserve account. How can she do that when she’s the one who decided to quit my firm? Many employers believe they will have to pay unemployment insurance (UI) only when an employee is fired or laid off. Surprisingly, there are many circumstances where an employee who quits a job can collect UI.Any employer the employee works for in the “base period” of the claim may be liable to pay benefits, even if they were not the last employer. Under California law, an employee who quits with “good cause” may be eligible for UI benefits. “Good cause” means the employee’s reason for leaving must be something substantial and compelling that would cause a reasonable person who genuinely wanted to remain employed to quit anyway. Some examples include quitting to take a better job, to more a substantial distance when a spouse’s job is transferred, or when the employer relocates and the new commute distance is unreasonable. According to the California Employment Development Department (EDD), when an employee quits in order to accept a new job there is good

cause for leaving if: •There was a definite assurance of employment in another substantially better job that is at least as permanent as the job the individual leaves; or •A reasonable person who genuinely wanted to remain employed would have left to accept other work. An employee who quits her job for a substantially better job and then is laid off from the new job due to lack of work may be eligible to collect UI from the first employer’s reserve account. An employee also would be eligible for UI benefits if she quit her job for a substantially better job and then, for reasons beyond her control, the new job did not materialize. This might occur when an employee quits her job based on being given a definite start date by the new employer, who then rescinds the job offer or delays the start date. For more information about what factors are used to determine UI eligibility, go to EDD’s “Benefit Determination Guide” online at www.edd. ca.gov/UIBDG/ This is an excellent resource when responding to a former employee’s UI claim.

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