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NOVEMBER 2, 2012
CITY OF CERRITOS
ORDINANCE NO. 973
ATTEST:
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CERRITOS EXTENDING URGENCY ORDINANCE NO. 972 WHICH ESTABLISHED A MORATORIUM ON NEW WIRELESS TELECOMMUNICATION FACILITIES IN THE PUBLIC RIGHT-OF-WAY AND PROHIBITING THE ISSUANCE OF BUILDING PERMITS, USE PERMITS, AND ANY OTHER LAND USE ENTITLEMENTS RELATED THERETO. WHEREAS, zoning and other land use chapters within the Cerritos Municipal Code do not provide specific direction with regard to wireless telecommunication facilities in the public right-ofway; and, WHEREAS, in order to address the City's concerns regarding the establishment and location of wireless telecommunication facilities in the public right-of-way, it is necessary for the City of Cerritos to study the potential impact such facilities may have on aesthetics, and to consider adoption of regulations based on said studies; and, WHEREAS, pursuant to Sections 36937 and 65858 of the California Government Code, to protect the public safety, health and welfare, a City Council may adopt as an urgency measure an interim ordinance prohibiting land uses that may be in conflict with a contemplated General Plan, Specific Plan or Zoning proposal that a legislative body, planning commission or planning department is considering or studying or intends to study within a reasonable time; and, WHEREAS, the City Council of the City of Cerritos wishes to implement comprehensive regulations for the establishment, use and operation of wireless telecommunication facilities in the public right-of-way within the City of Cerritos, so that the public welfare is protected, and the aesthetics and visual qualities of the City are protected and maintained; and, WHEREAS, the City Council desires to insure that, during the pendency of the study for the formulation and implementation of said comprehensive regulations, wireless telecommunication facilities in the public right-of-way are not established, in use or become operational, so that the regulations produced by the City's study activity will be fully effective; and, WHEREAS, permitting wireless telecommunication facilities in the public right-of-way in the City of Cerritos prior to the adoption of said regulations may result in a current and immediate threat to the aesthetics, public health, safety and welfare during the implementation of comprehensive regulations. THE CITY COUNCIL OF THE CITY OF CERRITOS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council finds that the facts set forth in the recitals above are true and correct and hereby adopts the recitals as findings in furtherance of this ordinance. SECTION 2. The City Council further finds that potential adverse impacts from wireless telecommunication facilities in the public right-of-way exist and present a current and immediate threat to the visual aesthetics of the City.
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PASSED, APPROVED and ADOPTED this 25th day of October, 2012. /s/Jim Edwards Jim Edwards, Mayor
/s/Vida Barone Vida Barone, City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF CERRITOS
) ) ss. )
I, Vida Barone, City Clerk of the City of Cerritos, California, DO HEREBY CERTIFY that the foregoing Ordinance No. 973 was duly adopted by the City Council of the City of Cerritos at a Regular Meeting held on the 25th day of October, 2012, and that it was so adopted as follows: AYES: COUNCILMEMBERS – Chen, Cho, Pulido, Barrows, Edwards NOES: COUNCILMEMBERS – None ABSENT: COUNCILMEMBERS – None ABSTAIN: COUNCILMEMBERS – None DATED: October 25, 2012 /s/Vida Barone Vida Barone, City Clerk Published at Los Cerritos Community Newspaper 11/2/12
NOTICE OF PROPOSED PURCHASE OF DEPOSIT LIABILITIES Notice is hereby given that First Choice Bank, 17414 Carmenita Road, Cerritos, California 90703, has filed with the Federal Deposit Insurance Corporation an application to purchase from Evergreen International Bank, deposits and related liabilities, which will be transferred to the main office of First Choice Bank in Cerritos upon close of the transaction. Any person wishing to comment on this application may file his or her comments in writing with the Regional Director of the Federal Deposit Insurance Corporation at its regional office, 25 Jessie Street at Ecker Square, Suite 2300, San Francisco, California 94105 not later than November 17, 2012, the 30th day following the date of the first required publication. The non-confidential portions of the application are on file at the Corporation's office and are available for public inspection during regular business hours. Photocopies of the non-confidential portion of the application file will be made available upon request. Published pursuant to Section 303.7(c) of the rules and regulations of the Federal Deposit Insurance Corporation. October 18, 2012
First Choice Bank Ms. Neena Bansil President and Chief Executive Officer
Published at Los Cerritos Community Newspaper 10/19, 10/26, 11/9/12
SECTION 3. The City of Cerritos Municipal Code does not specifically address wireless telecommunications facilities in the public-right-of-way. In accordance with Section 22.42.070 of the Cerritos Municipal Code, wireless telecommunication facilities are considered nonbuilding-mounted and are subject to location and design criteria only. SECTION 4. Cerritos General Plan Goal CD-6 states the City should ensure that wireless telecommunication facilities are located and designed to protect the communities welfare and aesthetic qualities. SECTION 5. Cerritos General Plan Policy CD-6.1 states that the City should continue to regulate the siting and design of wireless telecommunication facilities, accessory buildings, structures, and associated equipment to minimize their aesthetic impacts on the community. SECTION 6. Cerritos General Plan Policy CD-6.2 encourages the use of stealth designed wireless telecommunications facilities so that the facilities, including all supporting equipment, are concealed or camouflaged so as to blend with surrounding land uses. SECTION 7. Cerritos General Plan Goal CD-2 encourages the creation of an attractive street environment that will complement private and public properties, create beauty within the public rightof-way, and be comfortable for residents and visitors. SECTION 8. Cerritos General Plan Goal CD-2.13 states that the City should study the locational requirements of utility, traffic control and other cabinets and hardware located in the public right-of-way to determine alternative locations for these items in less obtrusive areas of the street environment. SECTION 9. Cerritos General Plan Goal CD-2.15 states that the City should work with utility providing agencies to coordinate the design of utility facilities to ensure that the facilities fit within the context of their surroundings and do not cause negative visual impacts. SECTION 10. The City Council hereby establishes an interim prohibition on the establishment, development, construction and/or operation of new telecommunication wireless facilities in the public right-of-way of the City. SECTION 11. Notwithstanding any other ordinance or provision of the Cerritos Municipal Code, no person shall establish, develop or construct a wireless telecommunication facilities on the public right-of-way, and no application for a business license, building permit, conditional use permit, or any other entitlement authorizing the establishment, development, construction, maintenance, and/or operation of any wireless telecommunication device in the public right-of-way shall be approved during the term of the prohibition. Said moratorium shall not be applicable to any wireless telecommunication facilities in the public right-of-way with a wireless telecommunication permit approved by the City as of the date of this ordinance regardless of the status of the building permit issuance or wireless telecommunication facilities that are appurtenances to a franchisee's facilities pursuant to a franchise with the City. SECTION 12. The City Council declared an emergency ordinance on September 13, 2012, for a total of forty-five (45) days to review and study possible regulations for said facilities. SECTION 13. The City Council declares that this ordinance is necessary as an urgency measure to preserve and address existing and immediate threats to the public welfare (aesthetics and visual qualities). This ordinance, therefore, is adopted pursuant to the provisions of Sections 36937(b) and 65858 of the California Government Code, shall be adopted by a four-fifths (4/5) vote of the City Council, shall take effect immediately upon its adoption pursuant to Section 36937(b) of the California Government Code, and shall remain in effect for a period of twenty-two (22) months and fifteen (15) days. SECTION 14. City staff is directed to study the applicable legal and land use issues and develop appropriate zoning, development standards, and licensing guidelines or regulations governing such uses. SECTION 15. The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption of this ordinance, and the prohibition established hereby, may have a significant effect on the environment, because the ordinance will impose greater limitations on development in the City, and will thereby serve to reduce potential significant adverse environmental impacts. It is therefore exempt from California Environmental Quality Act review pursuant to Title 14, Section 15061(b)(3) of the California Code of Regulations. SECTION 16. Violation of any provision of this ordinance shall constitute a misdemeanor and shall be punishable by a fine not to exceed one thousand dollars ($1,000) or by imprisonment for a period not to exceed six (6) months, or by both such fine and imprisonment. Each and every day such a violation exists shall constitute a separate and distinct violation of this ordinance. SECTION 17. The violation of any of the provisions of this ordinance hereby adopted shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances.
SECTION 18. The City Clerk shall certify to the adoption of this ordinance.
Trustee Sale No. : 20110033500823 Title Order No.: 110310691 FHA/VA/PMI No.: NOTICE OF TRUSTEE'S SALE YOU ARE IN DEFAULT UNDER A DEED OF TRUST, DATED 08/03/2007. 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. NDEX WEST, LLC, as duly appointed Trustee under and pursuant to Deed of Trust Recorded on 08/28/2007 as Instrument No. 20072008345 of official records in the office of the County Recorder of LOS ANGELES County, State of CALIFORNIA. EXECUTED BY: EVELYN P. RIBAS, 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). DATE OF SALE: 11/08/2012 TIME OF SALE: 10:00 AM PLACE OF SALE: BEHIND THE FOUNTAIN LOCATED IN CIVIC CENTER PLAZA, 400 CIVIC CENTER PLAZA, POMONA CA. STREET ADDRESS and other common designation, if any, of the real property described above is purported to be: 12361 LA JARA LN, CERRITOS, CALIFORNIA 90703 APN#: 7024-001-040 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 $463,378.84. 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. NOTICE TO POTENTIAL BIDDERS: If you are considering bidding on this property lien, you should understand that there are risks involved in bidding at a trustee auction. You will be bidding on a lien, not on the property itself. Placing the highest bid at a trustee auction does not automatically entitle you to free and clear ownership of the property. You should also be aware that the lien being auctioned off may be a junior lien. If you are the highest bidder at the auction, you are or may be responsible for paying off all liens senior to the lien being auctioned off, before you can receive clear title to the property. You are encouraged to investigate the existence, priority, and size of outstanding liens that may exist on this property by contacting the county recorder 's office or a title insurance company, either of which may charge you a fee for this information. If you consult either of these resources, you should be aware that the same lender may hold more than one mortgage or deed of trust on the property. NOTICE TO PROPERTY OWNER: The sale date shown on this notice of sale may be postponed one or more times by the mortgagee, beneficiary, trustee, or a court, pursuant to Section 2924g of the California Civil Code. The law requires that information about trustee sale postponements be made available to you and to the public, as a courtesy to those not present at the sale. If you wish to learn whether your sale date has been postponed, and, if applicable, the rescheduled time and date for the sale of this property, you may call 916939-0772 for information regarding the trustee's sale or visit this Internet Web site www.nationwideposting.com for information regarding the sale of this property, using the file number assigned to this case 20110033500823. Information about postponements that are very short in duration or that occur close in time to the scheduled sale may not immediately be reflected in the telephone information or on the Internet Web site. The best way to verify postponement information is to attend the scheduled sale. FOR TRUSTEE SALE INFORMATION PLEASE CALL: NATIONWIDE POSTING & PUBLICATION A DIVISION OF FIRST AMERICAN TITLE INSURANCE COMPANY 5005 WINDPLAY DRIVE, SUITE 1 EL DORADO HILLS, CA 95762-9334 916-939-0772 www.nationwideposting.com NDEx West, L.L.C. MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NDEx West, L.L.C. as Trustee Dated: 10/11/2012 NPP0209127 LOS CERRITOS COMMUNITY NEWS 10/19/2012, 10/26/2012, 11/02/2012
T.S. No.: 2011-00998 Loan No.: 9900049997 APN: 7022-017-025 TRA No.: 02567 NOTICE OF TRUSTEE'S SALE YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 6/14/2005 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. A public auction sale to the highest bidder for cash payable at time of sale in lawful money of the United States 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 will be held by the duly appointed trustee as shown below. The 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 the Deed of Trust, with interest and late charges thereon, as provided in the note(s), advances, under the terms of the Deed of Trust, interest thereon, fees, charges and expenses of the Trustee for the total amount (at the time of the initial publication of the Notice of Sale) reasonably estimated to be set forth below. The amount may be greater on the day of sale. Trustor: Sunny Kim, an unmarried woman, Beneficiary Name: Mortgage Electronic Registration Systems, Inc. acting solely as nominee for Clarion Mortgage Capital, Inc. Duly Appointed Trustee: Integrated Lender Services, a Delaware Corporation and pursuant to Deed of Trust recorded 06/22/2005, as Instrument No. 05-1467674, in book XXX, page XXX, of Official Records in the office of the Recorder of Los Angeles County, California. Date of Sale: 11/16/2012, at 9:00 A.M. Place of Sale: Behind the fountain located in Civic Center Plaza, 400 Civic Center Plaza, Pomona, CA. Amount of unpaid balance and other charges: $450,421.04. The property heretofore is being sold "as is." The street Address or other common designation of real property is purported to be: 13906 Rose Street, Cerritos, CA 90703. As more fully described on said deed of Trust. A.P.N.: 7022-017-025. The undersigned Trustee disclaims any liability for any incorrectness of the street address or other common designation, if any, shown above. If no street address or other common designation is shown, directions to the location of the property may be obtained by sending a written request to the beneficiary within 10 days of the date of first publication of this Notice of Sale. 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 and more than three months have elapsed since such recordation. NOTICE TO POTENTIAL BIDDERS: If you are considering bidding on this property lien, you should understand that there are risks involved in bidding at a trustee auction. You will be bidding on a lien, not on the property itself. Placing the highest bid at a trustee auction does not automatically entitle you to free and clear ownership of the property. You should also be aware that the lien being auctioned off may be a junior lien. If you are the highest bidder at the auction, you are or may be responsible for paying off all liens senior to the lien being auctioned off, before you can receive clear title to the property. You are encouraged to investigate the existence, priority, and size of outstanding liens that may exist on this property by contacting the county recorder's office or a title insurance company, either of which may charge you a fee for this information. If you consult either of these resources, you should be aware that the same lender may hold more than one mortgage or deed of trust on the property. NOTICE TO PROPERTY OWNER: The sale date shown on this notice of sale may be postponed one or more times by the mortgagee, beneficiary, trustee, or a court, pursuant to Section 2924g of the California Civil Code. The law requires that information about trustee sale postponements be made available to you and to the public, as a courtesy to those not present at the sale. If you wish to learn whether your sale date has been postponed, and, if applicable, the rescheduled time and date for the sale of this property, you may call (619) 590-1221 or visit this Internet Web site www.rppsales.com using the file number assigned to this case 2011-00998. Information about postponements that are very short in duration or that occur close in time to the scheduled sale may not immediately be reflected in the telephone information or on the Internet Web site. The best way to verify postponement information is to attend the scheduled sale. THIS FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Date: 10/17/2012. Integrated Lender Services, a Delaware Corporation, as Trustee, 2411 West La Palma Avenue, Suite 350 – Bldg. 1, Anaheim, CA 92801 (800) 232-8787, For Sale Information please call (619)590-1221. Linda Mayes, Senior Trustee Sale Officer. (R-420505)
Trustee Sale No. 22521CA Title Order No. 6529106 NOTICE OF TRUSTEE’S SALE YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 8/14/2007. 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 PROCEEDINGS AGAINST YOU, YOU SHOULD CONTACT A LAWYER. On 11/16/2012 at 09:00 AM, MERIDIAN FORECLOSURE SERVICE f/k/a MTDS, INC., A CALIFORNIA CORPORATION DBA MERIDIAN TRUST DEED SERVICE as the duly appointed Trustee under and pursuant to Deed of Trust Recorded 08/30/2007, Book , Page , Instrument 20072029134 of official records in the Office of the Recorder of Los Angeles County, California, executed by: WILLIAM RADABAUGH AND ANITA E. RADABAUGH, HUSBAND AND WIFE, AS JOINT TENANTS as Trustor, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR ALL HOME LENDING, INC., as Beneficiary, will sell at public auction sale to the highest bidder for cash, cashier's check drawn by a state or national bank, a cashier’s check drawn by a state or federal credit union, or a cashier’s 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. Sale will be held by the duly appointed trustee as shown below, of all right, title, and interest conveyed to and now held by the trustee in the hereinafter described property under and pursuant to the Deed of Trust. The sale will be made, but without convenant or warranty, expressed or implied, regarding title, possesssion, or encumbrances, to pay the remaining principal sum of the notes (s) secured by the Deed of Trust, interest thereon, estimated fees, charges and expenses of the Trustee for the total amount (at the time of the initial publication of the Notice of Sale) reasonably estimated to be set forth below. The amount may be greater on the day of sale. Place of Sale: Behind the fountain located in Civic Center Plaza, 400 Civic Center Plaza, Pomona CA 91766 Legal Description: As more fully described in said Deed of Trust Amount of unpaid balance and other charges: $577,723.69 The street address and other common designation of the real property purported as: 17606 KENSINGTON AVENUE , Cerritos, CA 90703 APN Number: 7022-019-012 NOTICE TO POTENTIAL BIDDERS: If you are considering bidding on this property lien, you should understand that there are risks involved in bidding at a trustee auction. You will be bidding on a lien, not the property itself. Placing the highest bid at trustee auction does not automatically entitle you to free and clear ownership of the property. You should also be aware that the lien being auctioned off may be a junior lien. If you are the highest bidder at the auction, you are or may be responsible for paying off all liens senior to the lien being auctioned off, before you can receive clear title to the property. You are encouraged to investigate the existence, priority, and size of outstanding liens that may exist on this property by contacting the county recorder’s office or a title insurance company, either of which may charge you a fee for this information. If you consult either of these resources, you should be aware that the same lender may hold more than one mortgage or deed of trust on the property. NOTICE TO PROPERTY OWNER: The sale date shown on this notice may be postponed one or more times by the mortgagee, beneficiary, trustee, or a court, pursuant to Section 2924g of the California Civil Code. The law requires that information about trustee sale postponements be made available to you and to the public, as a courtesy to those not present at the sale. If you wish to learn whether your sale date has been postponed, and, if applicable, the rescheduled time and date for the sale of this property, you may call (714) 573-1965 or visit this Internet Web site www. Priorityposting.com , using the file number assigned to this case 22521CA. Information about postponements that are very short in duration or that occur close in time to the scheduled sale may not immediately be reflected in the telephone information or on the Internet Web site. The best way to verify postponement information is to attend the scheduled sale. The undersigned Trustee disclaims any liability for any incorrectness of the street address and other common designation, if any, shown herein. The property heretofore described is being sold “as is”. DATE: 10/16/2012 MERIDIAN FORECLOSURE SERVICE f/k/a MTDS, INC., A CALIFORNIA CORPORATION DBA MERIDIAN TRUST DEED SERVICE 3 SAN JOAQUIN PLAZA, SUITE 215, NEWPORT BEACH, CA 92660 Sales Line: (714) 573-1965 OR (702) 586-4500 JESSE FERNANDEZ, PUBLICATION LEAD MERIDIAN FORECLOSURE SERVICE IS ASSISTING THE BENEFICIARY TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. P994341 10/26, 11/2, 11/09/2012