MINUTES OF A REGULAR MEETING OF THE CERRITOS CITY COUNCIL AND THE
SUCCESSOR AGENCY TO THE CERRITOS REDEVELOPMENT AGENCY HELD THURSDAY, OCTOBER 13, 2022, 7:00 P.M., IN THE COUNCIL CHAMBER AT CERRITOS CITY HALL, 18125 BLOOMFIELD AVENUE, CERRITOS, CALIFORNIA.
1. Call to Order
The meeting was called to order at 7:00 p.m.
2. Invocation
The invocation was given by Pastor Jeff Ludington, Generations Church.
3. Pledge of Allegiance
The Pledge of Allegiance was led by Girl Scout Troop 313.
4. Roll Call
The following members of the City Council/Successor Agency were in attendance:
Council/Agency Member Lynda P. Johnson
Council/Agency Member Naresh Solanki
Council/Agency Member Frank A. Yokoyama
Mayor Pro Tem/Vice Chair Bruce Barrows
Mayor/Chair Chuong Vo
5. Presentations/Appointments
5A. Presentations
Proclamations were made by the City Council as follows:
Hindu Heritage Month (Month of October).
Friends of the Cerritos Library (National Friends of Libraries Week).
Cerritos United Blue Girls 2005 Soccer Team (2022 Cal South National Cup Champions).
5B. Review and consideration of appointments, removals, and filling of scheduled or unscheduled vacancies on the Cerritos Advisory Boards (2022-24 term) (COUNCIL).
Councilmember Johnson requested the City Council affirm her request to remove one of her Let Freedom Ring Committee appointees. She presented documents to the City Council for the record. (Documents distributed to the City Council are considered public record. Full- text copies of submit ted documents can be obtained in the Office of the City Clerk/Treasurer)
The Mayor opened the public comments period.
Sam Desai spoke in support of the removal of the subject committee member.
Kirit Chauhan spoke in support of the removal of the subject committee member.
Noting there were no other individuals who elected to provide public comment, the Mayor declared the public comments period closed.
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5. Presentations/Appointments (continued)
5B. (continued)
MOTION: It was moved by Johnson, and seconded by Yokoyama, to affirm Councilmember Johnson’s request to remove Daisy “Mina” Lagasca from the Let Freedom Ring Committee (COUNCIL).
The motion carried (3 – 2) as follows:
AYES: Johnson, Yokoyama, Barrows
NOES: Solanki, Vo
ABSENT: None
ABSTAIN: None
5C. Informational update on the City’s response to the COVID-19 pandemic and other City events, services, and programs.
An informational update was given by Annie Hylton, City Librarian & Marketing Manager. A PowerPoint presentation was displayed.
There was no action taken on this item.
6. Public Comments and Suggestions
The Mayor opened the public comments period.
Written Correspondence:
(Written correspondence is considered public record. Full -text copies of submitted written correspondence can be obtained in the Office of the City Clerk/Treasurer)
Matthew Ellis submitted written correspondenc e expressing concerns related to the wattage of the new LED street lights currently being installed at signaled intersections in the City.
In-Person Public Comments:
Kirit Chauhan expressed thanks to school administrators for the work they do and concern regarding a local news story.
Case van der Linden congratulated the local Hindu population for the cel ebration of Hindu Heritage Month, expressed concern regarding the City Council vote to remove a Let Freedom Ring Committee member, and inquired of City plans for water conservation and underground water management.
Sam Desai wished the community a happy Diwali, spoke regarding his candidacy for the ABC Unified School District Board of Education, Trustee Area 3, expressed concerns with a local news story, and requested Councilmembers to provide a response to the story.
Noting there were no other individua ls who elected to provide public comment, the Mayor declared the public comments period closed.
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REQUEST FOR REORDERING OF THE AGENDA
Bill Ihrke, City Attorney, requested a verbal City Council vote, pursuant to the provisions of Section 8.09 of the City Council Protocol Manual, to reorder the agenda in order to consider Closed Session Item 12A (described below) at this juncture of the meeting. He noted the City Attorney’s Office received information related to the one (1) potential case under consideration in Item 12A which may be relevant to another item on the Open Session portion of the agenda.
He affirmed the City Council should review the relevant information in Closed Session prior to consideration of the related Open Session agenda item.
MOTION: It was moved by Solanki, and seconded by Yokoyama, to consider Closed Session Agenda Item 12A at this juncture of the meeting (COUNCIL)
The motion carried (5 – 0) as follows:
AYES: Johnson, Solanki, Yokoyama, Barrows, Vo
NOES: None
ABSENT: None
ABSTAIN: None
CLOSED SESSION (ITEM 12A)
The City Council recessed to Closed Session at this juncture of the meeting, pursuant to the aforementioned City Council action, to consider the following item as listed on the Cl osed Session agenda:
12A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Consider initiation of litigation
Pursuant to Government Code 54956.9(d)(4) (COUNCIL)
Number of cases: One (1)
CLOSED SESSION REPORT (ITEM 12A):
The City Council rec onvened into Open Session. Bill Ihrke, City Attorney, reported the City Council convened into Closed S ession to discuss Item 12A, as listed on the Closed Session agenda.
ITEM 12A MOTION: It was moved by Solanki, and seconded by Barrows, to:
1. Accept the settlement offer submitted to the Office of the City Attorney by Extra Space Storage, current owner of real property located at 10753 Artesia Boulevard.
The settlement offer was made in response to a Notice of Default and Notice of Violation of the Cerritos Municipal Code Violation for failure to comply with recorded covenants and the City’s Art in Public Places Program at the property, by failing to maintain and prevent from being removed a City Council-approved art piece called “Strength of the Maker.” The substance of the settlement is summarized as follows:
a. Extra Space Storage shall pay City the amount of $55,000.00 b. The amount will serve as replacement for stolen art piece and Extra Space Storage is not required to replace any art piece on-site c. The amount shall be deposited into the City’s Art in Public Places Trust Fund d. The amount is deemed full settlement of the dispute
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CLOSED SESSION (ITEM 12A) (continued)
CLOSED SESSION REPORT (ITEM 12A) (continued)
2. Authorize the City Attorney to memorialize the settlement in an agree ment with Extra Space Storage. In accordance with California Government Code S ection 54957.1, the final settlement agreement, once executed by the parties, will be available by request in the Office of the City Clerk/Treasurer (COUNCIL).
The motion carried (5 – 0) as follows:
AYES: Johnson, Solanki, Yokoyama, Barrows, Vo
NOES: None
ABSENT: None
ABSTAIN: None
(Information related to the reordering of the agenda and consideration of Closed Session Item 12A is also crossed referenced in Section 12 of these minutes).
7. Consent Calendar
7A. Approval of Minutes
Thursday, September 22 , 2022, 7:00 p.m. City Council/Successor Agency Regular Meeting Minutes (COUNCIL/SUCCESSOR AGENCY).
MOTION: It was moved by Barrows, and seconded by Solanki, to approve the Thursday, September 22, 2022, 7:00 p.m. City Council/Successor Agency Regular Meeting Minutes (COUNCIL/SUCCESSOR AGENCY).
The motion carried (5 – 0) as follows:
AYES: Johnson, Solanki, Yokoyama, Barrows, Vo
NOES: None
ABSENT: None
ABSTAIN: None
Monday, September 26, 2022, 2 :00 p. m. City Council Special Meeting M inutes (COUNCIL).
MOTION: It was moved by Barrows, and seconded by Solanki, to approve the Monday, September 26, 2022, 2:00 p.m. City Council Special Meeting Minutes (COUNCIL).
The motion carried (5 – 0) as follows:
AYES: Johnson, Solanki, Yokoyama, Barrows, Vo
NOES: None
ABSENT: None
ABSTAIN: None
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7. Consent Calendar (continued)
7B. Approval of the Register of Demands
7B.1. Register of Demands for the City of Cerritos dated October 13, 2022 (COUNCIL).
MOTION: It was moved by Barrows, and seconded by Solanki, to approve the Register of Demands as follows:
City of Cerritos October 13, 2022 $ 9, 227,276.99 (COUNCIL)
The motion carried (5 – 0) as follows:
AYES: Johnson, Solanki, Yokoyama, Barrows, Vo
NOES: None
ABSENT: None
ABSTAIN: None
7B.2. Register of Demands for the Successor Agency to the Cerritos Redevelopment Agency dated October 13, 2022 (SUCCESSOR AGENCY).
MOTION: It was moved by Barrows, and seconded by Solanki, to approve the Register of Demands as follows:
Successor Agency October 13, 2022 $ 2, 700.00 (SUCCESSOR AGENCY)
T he motion carried (5 – 0) as follows:
AYES: Johnson, Solanki, Yokoyama, Barrows, Vo
NOES: None
ABSENT: None
ABSTAIN: None
7C. Approval of the Treasurer’s Reports
City Council/Successor Agency Treasurer's Reports for the period ending August 31, 2022 (COUNCIL/SUCCESSOR AGENCY).
MOTION: It was moved by Barrows , and seconded by Solanki, to approve the City Council/Successor Agency Treasurer’s Reports for the period ending August 31, 2022 (COUNCIL/SUCCESSOR AGENCY).
The motion carried (5 - 0) as follows:
AYES: Johnson, Solanki, Yokoyama, Barrows, Vo
NOES: None
ABSENT: None
ABSTAIN: None
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7. Consent Calendar (continued)
7D. Award of contract for printing of the Cerritos Center for the Performing Arts 2022-2023 Calendar of Events, Bid No. 1479-22 (COUNCIL).
MOTION: It was moved by Barrows, and seconded by Solanki, to award a contract to Lithographix, Inc. in the amount of $83,508.11 for printing of the Cerritos Center for the Performing Arts 2022-2023 Calendar of Events, Bid No. 1479-22. In the event issues of non-performance arise, the project would be removed from Lithographix, Inc. and taken to the next lowest bidder to ensure the City’s printing deadline, quality standards and specifications are met. This process would be repeated as necessary in order of the lowest bid to the highest (COUNCIL).
The motion carried (5 - 0) as follows:
AYES: Johnson, Solanki, Yokoyama, Barrows, Vo
NOES: None
ABSENT: None
ABSTAIN: None
7E. Award of contract for construction of tree improvements in residential streets, Project No. 14088, Bid No. 1473-22 (COUNCIL).
MOTION: It was moved by Barrows, and seconded by Solanki, to:
1. Award a contract to Golden West Arbor Services, Inc. in the amount of $210,000 for the complete removal of 106 parkway trees and planting of 95 trees (total bid), Project No. 14088, Bid No. 1473-22; and
2. Authorize the City Manager or designee to execute any project -related change orders, in accordance with the City’s adopted Purchasi ng and Contracting Policy (COUNCIL).
The motion carried (5 - 0) as follows:
AYES: Johnson, Solanki, Yokoyama, Barrows, Vo
NOES: None
ABSENT: None
ABSTAIN: None
7F. Award of contract for construction of concrete improvements in residential streets , Project No. 14088, Bid No. 1474-22 (COUNCIL).
MOTION: It was moved by Barrows, and seconded by Solanki, to:
1. Award a contract to CJ Concrete Construction, Inc. in the amount of $527,799 for construction of concrete improvements in residential streets (total bid), Project No. 14088, Bid No. 1474-22, and reject the other bids; and
2. Authorize the City Manager or designee to execute any project -related change orders, in accordance with the City’s adopted Purchasing and Contracting Policy (COUNCIL).
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7. Consent Calendar (continued)
7F. (continued)
The motion carried (5 - 0) as follows:
AYES: Johnson, Solanki, Yokoyama, Barrows, Vo
NOES: None
ABSENT: None
ABSTAIN: None
7G. Award of contract for neighborhood park picnic shelter installation, Project No. 20104, Bid No. 1476-22 (COUNCIL).
Waive full reading of and adopt A RESOLUTION OF THE CERRITOS CITY COUNCIL
CERTIFYING THAT THE NEIGHBORHOOD PARK PICNIC SHELTER INSTALLATION, PROJECT NO. 20104 IS CATEGO RICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) REVIEW PURSUANT TO SECTIONS 15302, 15303, AND 15311 OF THE CEQA GUIDELINES (COUNCIL).
MOTION: It was moved by Barrows, and seconded by Solanki, to:
1. Waive full reading of and adopt Resolution No. 2022-39, A RESOLUTION OF THE
CERRITOS CITY COUNCIL CERTIFYING THAT THE NEIGHBORHOOD PARK PICNIC SHELTER INSTALLATION, PROJECT NO. 20104 IS CATEGORICALLY
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) REVIEW PURSUANT TO SECTIONS 15302, 15303, AND 15311 OF THE CEQA GUIDELINES (COUNCIL);
2. Authorize City staff to file a Notice of Exemption (NOE) at the Los Angeles County Registrar-Recorder/County Clerk and provide an electronic copy of the NOE to the State Clearinghouse;
3. Authorize a budget amendment for the appropriation of funds in the amount of $36,980 from the General Fund for Project N o. 20104, neighborhood park picnic shelter installation;
4. Award a contract to Fino Builders, Inc. in the amount of $226,480 for the neighborhood park picnic shelter installation (total bid), Project No. 20104, Bid No. 1476-22; and
5. Authorize the City Manager or designee to execute any project -related change orders, in accordance with the City’s adopted Purchasing and Contracting Policy (COUNCIL).
The motion carried (5 - 0) as follows:
AYES: Johnson, Solanki, Yokoyama, Barrows, Vo
NOES: None
ABSENT: None
ABSTAIN: None
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8. Public Hearings
8A. Review and consideration of the City of Cerritos Hazard Mitigation Plan draft for submittal and review by State and Federal emergency agencies* (COUNCIL).
*Pursuant to Sections 15601(b)(3) and 15378 of the California Environmental Quality Act (CEQA) guidelines, this is not a project under CEQA and/or i s exempt from CEQA review.
A staff report was given by Robert A. Lopez, Director of Public Works/Water & Power. A PowerPoint presentation was displayed.
The Mayor opened the public hearing and the public comments period. Noting there were no individua ls who elected to provide public comment, the Mayor decl ared the public comments period and the public hearing closed.
MOTION: It was moved by Barrows, and seconded by Johnson, to:
1. Make a finding that the City of Cerritos Hazard Mitigation Plan Draft is exempt from California Environmental Quality Act (CEQA) review; and
2. Authorize staff to finalize the City of Cerritos Hazard Mitigation Plan Draft and submit it to the California Office of Emergency Services and the Federal Emergency Management Agency (COUNCIL).
The motion carried (5 – 0) as follows:
AYES: Johnson, Solanki, Yokoyama, Barrows, Vo
NOES: None
ABSENT: None
ABSTAIN: None
9. New and Old Business
9A. Review and consideration of an informational report on Cerritos Library card f ees and operational costs (COUNCIL).
A staff report was given by Annie Hylton, City Librarian and Marketing Manager.
The Mayor opened the public comments period. Noting there were no individuals who elected to provide public comment, the Mayor decl ared the public comments period closed.
MOTION: It was moved by Barrows, and seconded by Solanki, to increase the non-resident library card annual fee to $150 per year (COUNCIL).
The motion carried (3 – 2) as follows:
AYES: Solanki, Barrows, Vo
NOES: Johnson, Yokoyama
ABSENT: None
ABSTAIN: None
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9. New and Old Business (continued)
9B. Review and consideration of community assessment survey options (COUNCIL).
A s taff report was given by Laurie Kajiwara, City & Theater Marketing 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 decl ared the public comments period closed.
MOTION DIES FOR LACK OF A SECOND: It was moved by Barrows to direct staff to conduct a community assessment survey of Cerritos residents and their opinions about the importance and quality of City services and p repare a budget amendment in the amount of $33,000 to appropriate funds for the survey in English only. The motion died for lack of a second (COUNCIL).
There was no further action on this item.
9C. Review and consideration of the feasibility and costs related to the City of Cerritos hosting a Family Arts Festival event to commemorate the thirtieth (30th) anniversary of Cerritos Center for the Performing Arts (COUNCIL).
A staff report was given by Jeff Thielke, Theater Executive Director. 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 decl ared the public comments period closed.
MOTION: It was moved by Vo, and seconded by Johnson, to table discussion of this item to a future City Council meeting date (COUNCIL).
The motion carried (5 – 0) as follows:
AYES: Johnson, Solanki, Yokoyama, Barrows, Vo
NOES: None
ABSENT: None
ABSTAIN: None
9D. Review and consideration of the acquisition of a public art piece known as "Strength of the M aker" by Denny Haskew, in accordance with Chapter 22.94 of the Cerritos Municipal Code (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 decl ared the public comments period closed.
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9. New and Old Business (continued)
9D. (continued)
MOTION: It was moved by Barrows, and seconded by Solanki, to:
1. Authorize the City Manager or designee to purchase and ship the “Strength of the Maker” artwork for an amount of $55,000, with an additional five percent (5%) contingency for any cost overruns;
2. Authorize the City Manage r or designee to retain the services of a landscape architect for preparation of a conceptual site plan design in the amount of $5,000, with an additional five percent (5%) contingency for any cost overruns . The conceptual site plan design will incorporate the necessary plan elements for placement and installation of the subject artwork in the Cerritos Sculpture Garden, but does not cover the costs for placement and installation;
3. Appropriate funding from the Art in Public Places Trust Fund in amount of $60,000, with an additional five percent (5%) contingency for any cost overruns , for the purchase and shipping of the subject artwork (Item 1 as listed above) and conceptual site plan design (Item 2 as listed above); and
4. Once purchase, shipping, and conceptual site plan design for the subject artwork is complete, authorize the City Manager or designee to administratively approve the expenditure of funds from the restricted Art in Public Places Trust Fund pursuant to the provisions of the City’s Purcha sing and Contracting Policy (8.03) for the installation of the subject artwork in accordance with the City-approved landscape plan (COUNCIL).
The motion carried (5 – 0) as follows:
AYES: Johnson, Solanki, Yokoyama, Barrows, Vo
NOES: None
ABSENT: None
ABSTAIN: None
10. Legislative Items
10A. Report on pending legislation.
None.
10B. Review and consideration to support or oppose specific legislation in the State or Federal legislature or in the State or Federal Executive Office for signature.
None.
11. Reports
11A. Report from City Manager/Executive Director
None.
11B. City Council Communications/Committee Reports/Meeting Reports
Reports were given by Councilmembers Yokoyama, Johnson, Solanki, and Mayor Vo.
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12. Closed Session
ITEM 12A
The City Council took action earlier in the meeting to reorder the agenda for the purpose of considering Closed Session Item 12A immediately after Item 6. The City Council recessed to Closed Session at that juncture. After consideration of Item 12A, the City Council reconvened to Open Session and the City Attorney provided the required Closed Session report. The verbal Closed Session report for Item 12A, although provided earlier in the meeting and memorialized in these minutes after Item 6, is repeated below for cross-referencing purposes.
12A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Consider initiation of litigation
Pursuant to Government Code 54956.9(d)(4) (COUNCIL)
Number of cases: One (1)
ITEM 12A CLOSED SESSION REPORT:
Bill Ihrke, City Attorney, reported the City Council c onvened into Closed Session to discuss Item 12A, as listed on the Closed Session agenda.
ITEM 12A MOTION: It was moved by Solanki, and seconded by Barrows, to:
1. Accept the settlement offer sub mitted to the Office of the City Attorney by Extra Space Storage, current owner of real property located at 10753 Artesia Boulevard.
The settlement offer was made in response to a Notice of Default and Notice of Violation of the Cerritos Municipal Code Violation for failure to comply with recorded covenants and the City’s Art in Public Places Program at the property, by failing to maintain and prevent from being removed a City Council-approved art piece called “Strength of the Maker.” The substance of the settlement is summarized as follows:
a. Extra Space Storage shall pay City the amount of $55,000.00 b. The amount will serve as replacement for stolen art piece and Extra Space Storage is not required to replace any art piece on-site c. The amount shall be deposited into the City’s Art in Public Places Trust Fund d. The amount is deemed full settlement of the dispute
2. Authorize the City Attorney to memorialize the settlement in an agree ment with Extra Space Storage. In accordance with California Government Code S ection 54957.1, the final settlement agreement, once executed by the parties, will be available by request in the Office of the City Clerk/Treasurer (COUNCIL).
The motion carried (5 – 0) as follows:
AYES: Johnson, Solanki, Yokoyama, Barrows, Vo
NOES: None
ABSENT: None
ABSTAIN: None
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12. Closed Session (continued)
CLOSED SESSION ANNOUNCEMENT (ITEMS 12B, 12C, 12D, AND 12E)
Bill Ihrke, City Attorney, announced the City Council would recess to Closed Session to discuss Items 12B, 12C, and 12D as listed on the Closed Session agenda . Item 12E would not be discussed and will be scheduled for the next City Council meeting. The City Council then recessed to Closed Session to discuss Items 12B, 12C, and 12D.
12B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Consider initiation of litigation
Pursuant to Government Code 54956.9(d)(4) (COUNCIL)
Number of cases: One (1)
12C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to California Government Code Section 54957 (COUNCIL) Title: City Manager
12D. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to California Government Code Section 54957 (COUNCIL) Title: City Attorney
12E. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (NOT DISCUSSED) Pursuant to California Government Code Section 54957 (COUNCIL) Title: City Clerk/Treasurer
CLOSED SESSION REPORT (ITEMS 12B, 12C, AND 12D):
Bill Ihrke, City Attorney, reported the City Council c onvened into Closed S ession to discuss Items 12B, 12C, and 12D as listed on the Closed Session agenda. As related to Items 12B, 12C, and 12D, t he City Council received briefings on the aforementioned Items and no reportable action was taken. Item 12E was not discussed or considered.
There was nothing further to report.
13. Adjournment
The meeting adjourned at 12:03 a.m. on Friday, October 14, 2022.
/s/ Cynthia Nava _______
Cynthia Nava, Assistant City Clerk/Agency Secretary
ATTEST:
/s/ Bruce Barrows ____________________
Bruce Barrows, Mayor Pro Tem/ Agency Vice-Chair
APPROVED: November 10, 2022