MINUTES OF A REGULAR MEETING OF THE CERRITOS CITY COUNCIL AND THE
SUCCESSOR AGENCY TO THE CERRITOS REDEVELOPMENT AGENCY HELD ON THURSDAY, JANUARY 13, 2022, 7:00 P.M., TELECONFERENCE MEETING AUTHORIZED ASSEMBLY BILL 361 (CHAPTER 165, STATUTES OF 2021 ), VI A ZOOM VIDEO COMMUNICATIONS, MEETING ID# 897 2953 7465
1. Call to Order
The meeting was called to order at 7:00 p.m.
2. Invocation
The invocation was given by Pastor Bob DeLeon, Calvary Chapel Artesia.
3. Pledge of Allegiance
The Pledge of Allegiance was led by Mayor Hu.
4. Roll Call
The following members of the City Council/Successor Agency were in attendance:
Council/Agency Member Bruce Barrows
Council/Agency Member Naresh Solanki
Council/Agency Member Frank A. Yokoyama
Mayor Pro Tem/Vice Chair Chuong Vo
Mayor/Chair Grace Hu
MOTION: It was moved by Solanki, and seconded by Hu, to consider Item 9D at this juncture of the meeting (COUNCIL/SUCCESSOR AGENCY).
The motion carried (5 - 0) as follows:
AYES: Barrows, Solanki, Yokoyama, Vo, Hu
NOES: None
ABSENT: None
ABSTAIN: None
Pursuant to City Council action, Agenda Item 9D was considered at this time. Please refer to Item 9D for detail.
5. Presentations/Appointments
5A. Presentations
None.
5B. Informational update on the City's r esponse to the COVID -19 pandemic and other City events, services, and programs.
An informational report was given by Annie Hylton, City Librarian & Marketing Manager. A PowerPoint presentation was displayed.
There was no further action taken on this item.
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6. Public Comments and Suggestions
The Mayor opened the public comments period.
Audio public comments:
Alejandro Estella expressed concern regarding the car allowance benefits provided to City officials and employees.
Noting there were no other individuals who elected to provide public comment, the Mayor declared the public comments period closed.
7. Consent Calendar
7A. Approval of Minutes
Thursday, December 9, 2021, 7:00 p.m. City Council/Successor Agency Regular Meeting Minutes (COUNCIL/SUCCESSOR AGENCY).
MOTION: It was moved by Solanki, and seconded by Yokoyama, to approve the Thursday, December 9, 2021, 7:00 p.m. City Council/Successor Agency Regular Meeting Minutes (COUNCIL/SUCCESSOR AGENCY).
The motion carried (5 - 0) as follows:
AYES: Barrows, Solanki, Yokoyama, Vo, Hu
NOES: None
ABSENT: None
ABSTAIN: None
7B. Approval of the Register of Demands
7B.1. Register of Demands for the City of Cerritos dated January 13, 2022 (COUNCIL).
MOTION: It was moved by Solanki, and seconded by Yokoyama, to approve the Register of Demands as follows:
City of Cerritos January 13, 2022 $ 9,695,020.20 (COUNCIL)
The motion carried (5 - 0) as follows:
AYES: Barrows, Solanki, Yokoyama, Vo, Hu
NOES: None
ABSENT: None
ABSTAIN: None
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7. Consent Calendar (continued)
7C. Approval of Treasurer’s Reports
City Council/Successor Agency Treasurer’s Reports for the period ending November 30, 2021 (COUNCIL/SUCCESSOR AGENCY).
MOTION: It was moved by Solanki, and seconded by Yokoyama, to approve the City Council/Successor Agency Treasurer’s Reports for the period ending November 30, 2021 (COUNCIL/SUCCESSOR AGENCY).
The motion carried (5 - 0) as follows:
AYES: Barrows, Solanki, Yokoyama, Vo, Hu
NOES: None
ABSENT: None
ABSTAIN: None
7D. Award of contract for annual alarm system maintenance and monitoring for City facilities, RFP No. 1444-21 (COUNCIL).
MOTION: It was moved by Solanki, and seconded by Yokoyama, to:
1. Award a contract for annual alarm system maintenance and monitoring for City facilities, RFP No. 1444-21, in the amount of $33,690, to JMG Security Systems, Inc.; and
2. Authorize a new appropriation and expenditure of funds in the Fiscal Year 2021-22 City Budget from the General Fund balance to cover the full contract amount, including the increase due to current market rates, for the annual alarm system maintenance and monitoring for City facilities; and
3. Authorize the City Manager or his d esignee to execute any contract -related change orders, including on-call work, that may be necessary to maintain the security system’s efficiency (COUNCIL).
The motion carried (5 - 0) as follows:
AYES: Barrows, Solanki, Yokoyama, Vo, Hu
NOES: None
ABSENT: None
ABSTAIN: None
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8. Public Hearings
8A. Recommendation by the Cerritos Planning Commission, on a vote of 5 -0, to approve the following:
Review and consideration to waive full reading of and adopt A RESOLUTION OF THE CITY OF CERRITOS APPROVING PRECISE PLAN 83-16(2021) AMENDMENT, A REQUEST BY THE PROPERTY OWNER, GST INC., TO CONSTRUCT A FIRST -FLOOR WAREHOUSE ADDITION
AND COVERED SECOND -FLOOR DECK TO AN EXISTING TWO -STORY INDUSTRIAL BUILDING AT 12881 166TH STREET , CERRITOS, CALIFORNIA, 90703. THE PROPOSED
IMPROVEMENTS ALSO INCLUDE REFURBISHMENT OF THE EXISTING LANDSCAPING AND OTHER RELATED SITE IMPROVEMENTS. THE SUBJECT PROPERTY IS ZONED DEVELOPMENT AREA ONE (ADP-1) (APN 7010-016-054) (COUNCIL).*
*Pursuant to Section 15301 of the California Environmental Quality Act (CEQA), this project is categorically exempt from CEQA review.
A staff report was given by Sandy Cisneros, Senior Planner. A PowerPoint presentation was displayed.
The Mayor opened the public hearing and public comments period. Noting there were no individuals who elected to provide public comment, the Mayor declared the public comments period and public hearing closed.
MOTION: It was moved by Solanki, and seconded by Yokoyama, to waive full reading of and adopt Resolution No. 2022 -01, A RESOLUTION OF THE CITY OF CERRITOS APPROVING PRECISE PLAN 83 -16(2021) AMENDMENT, A REQUEST BY THE PROPERTY OWNER, GST INC., TO CONSTRUCT A FIRST -FLOOR WAREHOUSE
ADDITION AND COVERED SECOND -FLOOR DECK TO AN EXISTI NG TWO-STORY INDUSTRIAL BUILDING AT 12881 166TH STREET, CERRITOS, CALIFORNIA, 90703.
THE PROPOSED IMPROVEMENTS ALSO INCLUDE REFURBISHMENT OF THE EXISTING LANDSCAPING AND O THER RELATED SITE IMPROVEMENTS. THE SUBJECT PROPERTY IS ZONED DEVELOPMENT AREA ONE (ADP-1) (APN 7010-016- 054) (COUNCIL).
The motion carried (5 - 0) as follows:
AYES: Barrows, Solanki, Yokoyama, Vo, Hu
NOES: None
ABSENT: None
ABSTAIN: None
8B. Review and consideration to waive full reading of and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS ADOPTING THE 2020 URBAN WATER MANAGEMENT
PLAN AND WATER SHORTAGE CONTINGENCY PLAN PURSUANT TO CALIFORNIA WATER CODE SECTIONS 10610 THROUGH 10657 (COUNCIL).
A staff report was given by Javier Martinez, Water S uperintendent. A PowerPoint presentation was displayed.
The Mayor opened the public hearing and public comments period. Noting there were no individuals who elected to provide public comment, the Mayor declared the public comments period and public hearing closed.
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8. Public Hearings (continued)
8B. (continued)
MOTION: It was moved by Barrows, and seconded by Vo, to waive full reading of and adopt Resolution No. 2022-02, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS A DOPTING THE 2020 URBAN WATER MANAGEMENT PLAN AND
WATER SHORTAGE CONTINGENCY PLAN PURSUANT TO CALIFORNIA WATER CODE SECTIONS 10610 THROUGH 10657 (COUNCIL).
The motion carried (5 - 0) as follows:
AYES: Barrows, Solanki, Yokoyama, Vo, Hu
NOES: None
ABSENT: None
ABSTAIN: None
9. New and Old Business
9A. Review and consideration of actions required in compliance with Cerritos City Charter Section 800 (General Municipal Elections) and City Council Ordinance No. 1036 to submit Charter amendment ballot measures to the voters at the Tuesday, April 12, 2022 Cerritos General Municipal Election (COUNCIL).
Staff reports were given by Vida Barone, City Clerk/Elections Official, and Bill Ihrke, City Attorney. A PowerPoint presentation was displayed.
The Mayor opened the public comments period. Noting there were no individuals who elected to provide public comment, the Mayor declared the public comments period closed.
MOTION: It was moved by Barrows, and seconded by Solanki, to waive full reading of and adopt Resolution No. 2022-03, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CERRITOS, CALIFORNIA CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, APRIL 12, 2022 FOR THE SUBMISSION OF A PROPOSED CHARTER AMENDMENT RELATING TO “COMPREHENSIVE CL EAN-UP, UPDATE, AND MODERNIZATION OF THE CERRITOS CITY CHARTER” AS AUTHORIZED BY THE CERRITOS CITY CHARTER, ORDINANCE NO. 1036, AND RESOLUTION NO. 2021-26 (COUNCIL).
The motion carried (4 - 1) as follows:
AYES: Barrows, Solanki, Vo, Hu
NOES: Yokoyama
ABSENT: None
ABSTAIN: None
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9. New and Old Business (continued)
9A. (continued)
MOTION: It was moved by Barrows, and seconded by Solanki, to waive full reading of and adopt Resolution No. 2022-04, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CERRITOS, CALIFORNIA CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, APRIL 12, 2022 FOR THE SUBMISSION OF A PROPOSED CHARTER AMENDMENT RELATING TO AN “ANTI-NEPOTISM POLICY” AS AUTHORIZED BY THE CERRITOS CITY CHARTER, ORDINANCE NO. 1036, AND RESOLUTION NO. 2021-26 (COUNCIL).
The motion carried (4 - 1) as follows:
AYES: Barrows, Solanki, Vo, Hu
NOES: Yokoyama
ABSENT: None
ABSTAIN: None
MOTION: It was moved by Barrows, and seconded by Solanki, to waive full reading of and adopt Resolution No. 2022-05, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CERRITOS, CALIFORNIA CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, APRIL 12, 2022 FOR THE SUBMISSION OF A PROPOSED CHARTER AMENDMENT RELATING TO “TERM LIMITS - REMOVAL” AS AUTHORIZED BY THE CERRITOS CITY CHARTER, ORDINANCE NO. 1036, AND RESOLUTION NO. 2021-26 (COUNCIL).
The motion carried (4 - 1) as follows:
AYES: Barrows, Solanki, Vo, Hu
NOES: Yokoyama
ABSENT: None
ABSTAIN: None
MOTION: It was moved by Barrows, and seconded by Solanki, to waive full reading of and adopt Resolution No. 2022-06, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CERRITOS, CALIFORNIA CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, APRIL 12, 2022 FOR THE SUBMISSION OF A PROPOSED CHARTER AMENDMENT RELATING TO “TERM LIMITS – NO CHANGE” AS AUTHORIZED BY THE CERRITOS CITY CHARTER, ORDINANCE NO. 1036, AND RESOLUTION NO. 2021-26 (COUNCIL).
The motion carried (4 - 1) as follows:
AYES: Barrows, Solanki, Vo, Hu
NOES: Yokoyama
ABSENT: None
ABSTAIN: None
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9. New and Old Business (continued)
9A. (continued)
MOTION: It was moved by Barrows, and seconded by Solanki, to waive full reading of and adopt Resolution No. 2022-07, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CERRITOS, CALIFORNIA CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, APRIL 12, 2022 FOR THE SUBMISSION OF A PROPOSED CHARTER AMENDMENT RELATING TO “TERM LIMITS – TWO TERMS FOR LIFETIME” AS AUTHORIZED BY THE CERRITOS CITY CHARTER, ORDINANCE NO. 1036, AND RESOLUTION NO. 2021-26 (COUNCIL).
The motion carried (4 - 1) as follows:
AYES: Barrows, Solanki, Vo, Hu
NOES: Yokoyama
ABSENT: None
ABSTAIN: None
MOTION: It was moved by Barrows, and seconded by Solanki, to waive full reading of and adopt Resolution No. 2022-08, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CERRITOS, CALIFORNIA CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, APRIL 12, 2022 FOR THE SUBMISSION OF A PROPOSED CHARTER AMENDMENT RELATING TO “TERM LIMITS – THREE TERMS FOR LIFETIME” AS AUTHORIZED BY THE CERRITOS CITY CHARTER, ORDINANCE NO. 1036, AND RESOLUTION NO. 2021-26 (COUNCIL).
The motion carried (4 - 1) as follows:
AYES: Barrows, Solanki, Vo, Hu
NOES: Yokoyama
ABSENT: None
ABSTAIN: None
MOTION: It was moved by Barrows, and seconded by Solanki, to:
1. Authorize specific members of the City Council to write and file certain primary arguments, as summarized in the table below; and
2. Authorize the priority selection of certain primary arguments, as summarized in the table below; and
3. Incorporate these authorizations into the resolution setting priorities for the filing of written arguments regarding the subject Charter amendments
Charter amendment measure Priority Selection
Comprehensive Charter “clean -up,”
update and modernization
(as defined in Resolution No. 2022-03)
Primary Argument “For” the measure:
As written and filed by:
Councilmember Barrows and Mayor Pro Tem Vo
Anti-Nepotism policy
(proposed new Charter Section 609)
(as defined in Resolution No. 2022-04)
Primary Argument “For” the measure:
As written and filed by:
Councilmember Barrows and Mayor Pro Tem Vo
City Council Term Limits –
No change to current term limit
provisions
(as defined in Resolution No. 2022-06)
Primary Argument “For” the measure:
As written and filed by:
Councilmember Barrows and Mayor Pro Tem Vo
(COUNCIL)
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9. New and Old Business (continued)
9A. (continued)
The motion carried (3 – 0 - 2) as follows:
AYES: Barrows, Solanki, Hu
NOES: None
ABSENT: None
ABSTAIN: Yokoyama, Vo
MOTION: It was moved by Vo, and seconded by Barrows, to:
1. Authorize specific members of the City Council to write and file certain primary arguments, as summarized in the table below; and
2. Authorize the priority selection of certain primary arguments, as summarized in the table below; and
3. Incorporate these authorizations into the resolution setting pr iorities for the filing of written arguments regarding the subject Charter amendments
Charter amendment measure Priority Selection
City Council Term Limits –
Three Term Limits
(as defined in Resolution No. 2022-06)
Primary Argument “For” the measure:
As written and filed by:
Councilmember Barrows and Mayor Pro Tem Vo
(COUNCIL).
The motion carried (4 – 0 - 1) as follows:
AYES: Barrows, Solanki, Vo, Hu
NOES: None
ABSENT: None
ABSTAIN: Yokoyama
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9. New and Old Business (continued)
9A. (continued)
MOTION: It was moved by Barrows, and seconded by Vo, to waive full reading of and adopt Resolution No. 2022-09, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CERRITOS, CALIFORNIA SETTING PRIORITIES FOR F ILING OF WRITTEN
ARGUMENTS REGARDING PROPOSED CHARTER AMENDMENTS AND DIRECTING THE CITY ATTORNEY TO PREPARE IMPARTIAL ANALYSES FOR EACH , including incorporation into the resolution the following authorizations given by City Council majority vote at the Thursday, January 13, 2022, 7:00 p.m. City Council/Successor Agency Regular Meeting:
1. Authorization for specific members of the City Council to write and file certain primary arguments, as summarized in the table below; and
2. Authorization for the priority selection of certain primary arguments, as summarized in the table below:
Charter amendment measure Priority Selection
Comprehensive Charter “clean-up,” update
and modernization
(as defined in Resolution No. 2022-03)
Primary Argument “For” the measure:
As written and filed by:
Councilmember Barrows and Mayor Pro Tem Vo
Anti-Nepotism policy
(proposed new Charter Section 609)
(as defined in Resolution No. 2022-04)
Primary Argument “For” the measure:
As written and filed by:
Councilmember Barrows and Mayor Pro Tem Vo
City Council Term Limits –
No change to current term limit provisions
(as defined in Resolution No. 2022-06)
Primary Argument “For” the measure:
As written and filed by:
Councilmember Barrows and Mayor Pro Tem Vo
City Council Term Limits –
Three Term Limits
(as defined in Resolution No. 2022-06)
Primary Argument “For” the measure:
As written and filed by:
Councilmember Barrows and Mayor Pro Tem Vo
(COUNCIL).
The motion carried (4 - 1) as follows:
AYES: Barrows, Solanki, Vo, Hu
NOES: Yokoyama
ABSENT: None
ABSTAIN: None
9B. Review and consideration of the replacement/acquisition of stolen artwork included in the art in public places program, in accordance with Chapter 22.94 of the Cerritos Municipal Code, known as "Strength of the Maker" previously installed at 10753 Artesia Boulevard (COUNCIL).
A staff report was given by Kathy Matsumoto , Assistant City Manager. A PowerPoint presentation was displayed.
The Mayor opened the public comments period. Noting there were no individuals who elected to provide public comment, the Mayor declared the public comments period closed.
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9. New and Old Business (continued)
9B. (continued)
MOTION FAILED TO PASS: It was moved by Barrows, and seconded by Vo, to:
1. Direct the City Attorney to contact the subject property owner to seek compliance with their contractual obligations to the City as related to the stolen “Strength of the Maker” art piece (Conditional Use Permit 2002 -17, Precise Plan 2002 -20, specifically to Condition 42, relating to the Art in Public Places Program and the recorded Agreement containing the Covenants, Conditions and Restrictions (CC&R’s); and
2. Direct the City Manager to purchase the remaining “Strength of the Maker” art piece from artist Denny Haskew for the Municipal Art Collection of the City of Cerritos, approve the funding of $52,000 for the purchase of the art piece and other reasonable associated costs to be determined, including but not limited to transportation, insurance and installation costs, and appropriate the required funding from the Art in Public Places Trust Fund, and defer the determination of the final location of the art piece to either the Cerritos Library or Sculpture Garden to the Fine Arts and Historical Commission (COUNCIL).
The motion failed to pass (2 - 3) as follows:
AYES: Barrows, Vo
NOES: Solanki, Yokoyama, Hu
ABSENT: None
ABSTAIN: None
MOTION: It was moved by Vo, and seconded by Solanki, to direct the City Attorney to:
1. Contact the subject property owner to seek compliance with their contractual obligations to the City as related to the stolen “Strength of the Maker” art piece (Conditional Use Permit 2002 -17, Precise Plan 2002-20, specifically to Condition 42, relating to the Art in Public Places Program and the recorded Agreement containing the Covenants, Conditions and Restrictions (CC&R’s)), and inquire whether the subject property owner would be part of the purchasing of the replacement “Strength of the Maker” art piece; and
2. Present the resul ting findings, once completed, in a report to the City Council (COUNCIL).
The motion carried (5 - 0) as follows:
AYES: Barrows, Solanki, Yokoyama, Vo, Hu
NOES: None
ABSENT: None
ABSTAIN: None
9C. Review and consideration of award of contract for Cerritos arterial street and center median landscape maintenance, Bid No. 1442-21 (COUNCIL).
A staff report was given by Todd Kuh, Parks Superintendent. A PowerPoint presentation was displayed.
The Mayor opened the public comments period.
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9. New and Old Business (continued)
9C. (continued)
Written correspondence:
(Written correspondence is considered public record and full -text copies of submitted written correspondence can be obtained in the Office of the City Clerk/Treasurer)
Matthew Ellis submitted written correspondence regarding the condition of the parkway landscaping on Bloomfield Avenue, between South Street and Cerritos High School.
Audio public comments:
Noting there were no individuals who elected to provide public comment, th e Mayor declared the public comments period closed.
MOTION: It was moved by Vo, and seconded by Hu, to:
1. Award a contract for the Cerritos arterial street and center median landscape maintenance project, Bid No. 1442-21, in the amount of $1,859,320, to Bright View Landscape Services, Inc., for a four-year term with a provision of up to two (2) one- year extensions and reject all other bids; and
2. Authorize the appropriation and expenditure from the City’s General Fund to cover the full contract amount for t he Cerritos arterial street and center median landscape project inclusive of the increased contract cost due to the current market rates of irrigation and chemical herbicide; and
3. Authorize the City Manager or his designee to execute any contract -related change orders (COUNCIL).
The motion carried (5 - 0) as follows:
AYES: Barrows, Solanki, Yokoyama, Vo, Hu
NOES: None
ABSENT: None
ABSTAIN: None
9D. Review and consideration to waive full reading of and adopt A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CERRITOS, CALIFORNIA, AUTHORIZING AND IMPLEMENTING
TELECONFERENCE ACCESSIBILITY FOR CONDUCTING PUBLIC MEETINGS PURSUANT TO ASSEMBLY BILL 361 (STATS. 2021, CH. 165) (COUNCIL).
A staff report was given by Bill Ihrke, City Attorney.
The Mayor opened the public comments period. Noting there were no individuals who elected to provide public comment, the Mayor declared the public comments period closed.
MOTION: It was moved by Yokoyama, and seconded by Solanki, to waive full reading of and adopt Resolution No. 2022-10, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CERRITOS, CALIFORNIA, AUTHORIZING AND IMPLEMENTING
TELECONFERENCE ACCESSIBILITY FOR CONDUCTING PUBLIC MEETINGS PURSUANT TO ASSEMBLY BILL 361 (STATS. 2021, CH. 165) (COUNCIL).
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9. New and Old Business (continued)
9D. (continued)
The motion carried (5 - 0) as follows:
AYES: Barrows, Solanki, Yokoyama, Vo, Hu
NOES: None
ABSENT: None
ABSTAIN: None
10. Legislative Items
10A. Report on pending legislation.
None.
10B. Review and consideration to support or oppose specific legislation in the State or Federal legislature or in the State or Federal Executive Office for signature.
None.
11. Reports
11A. Report from City Manager/Executive Director
None.
11B. City Council Communications/Committee Reports/Meeting Reports
None.
12. Closed Session
Bill Ihrke, City Attorney, announced the City Council would recess to Closed Session to discuss Items 12A, 12B, 12C, and 12D as listed on the Closed Session agenda:
12A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to California Government Code Section 54957 (COUNCIL) Title: City Manager
12B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to California Government Code Section 54957 (COUNCIL) Title: City Attorney
12C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to California Government Code Section 54957 (COUNCIL) Title: City Clerk/Treasurer
12D. CONFERENCE WITH LEGAL COUNCIL - EXISTING LITIGATION Pursuant to California Government Code Section 54956.9(D)(1) Name of Case: Orange County Council of Governments et al. v. Velasquez et al. (Los Angeles Sup. Ct. Case No. 21STCP01970) (COUNCIL)
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12. Closed Session (continued)
Closed Session Report
Bill Ihrke, City Attorney, reported the City Council convened into Closed Session to discuss Item 12D on the Closed Session agenda. Items 12A, 12B, and 12C were not discussed.
With regard to Item 12D, the following reportable action was taken:
MOTION: It was moved by Barrows, and seconded by Solanki, to seek appellate review, as a co -appellant, of an appealable order and judgment filed in Los Angeles County Superior Court case no. 21 STCP01970, case name Orange County Council of Governments, et al. v. Velasquez, as Interim Director for the California Department of Housing and Community Development (or HCD), with Real Party in Interest Southern California Association of Governments (SCAG).
In summary, the petition for writ of mandate in this case sought to set aside the Regional Housing Needs Assessment (or “RHNA”) allocation of 1,341,827 dwelling units as determined by HCD for the SCAG region, change input data, and re -calculate the SCAG regional housing need. The trial court sustained demurrers filed by HCD and SCAG, which argued that judicial review is not available under the RHNA process. Sustaining the demurrers effectively dismissed the petition, and judgment was entered in favor of HCD and SCAG, and against the petitioners, on December 21, 2021.
By the action approved by the City Council tonight, Cerritos will continue to be a co-party to the lawsuit and has authorized an appeal for review of the trial court’s decision and judgment (COUNCIL).
The motion carried (5 - 0) as follows:
AYES: Barrows, Solanki, Yokoyama, Vo, Hu
NOES: None
ABSENT: None
ABSTAIN: None
There was nothing further to report.
13. Adjournment
The meeting adjourned at 10:18 p.m.
/s/ Vida Barone
Vida Barone, City Clerk/Agency Secretary
ATTEST:
/s/ Grace Hu
Grace Hu, Mayor/Chair
APPROVED: January 27, 2022