MINUTES OF A REGULAR MEETING OF THE CERRITOS CITY COUNCIL AND THE
SUCCESSOR AGENCY TO THE CERRITOS REDEVELOPMENT AGENCY HELD THURSDAY, NOVEMBER 10, 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 Joshua Merigala, Bible Mission Church.
3. Pledge of Allegiance
The Pledge of Allegiance was led by AYSO Region 54 teams, The Green Machines and Real Cerritos.
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
MOTION: It was moved by Barrows, and seconded by Solanki, to excuse Mayor/Chair Vo from the Thursday, November 10, 2022, 7:00 p.m., City Council/Successor Agency Regular Meeting (COUNCIL/SUCCESSOR AGENCY).
The motion carried (4 – 0 – 1) as follows:
AYES: Johnson, Solanki, Yokoyama, Barrows
NOES: None
ABSENT: Vo (excused)
ABSTAIN: None
5. Presentations/Appointments
5A. Presentations
A proclamation was made by the City Council as follows:
California Nanotechnologies, Inc. (Business Spotlight).
5B. Review and consideration of appointments, removals, and filling of scheduled or unscheduled vacancies on the Cerritos Advisory Boards (2022-24 term) (COUNCIL).
There was no action taken on this item.
5C. Informational update on the City’s response to the COVID-19 pandemic and other City events, services, and programs.
An informational update was given by Annie Hylton, City Librarian & Marketing Manager. A PowerPoint presentation was displayed.
There was no action taken on this item.
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6. Public Comments and Suggestions
The Mayor Pro Tem opened the public comments period.
Jane Yim spoke in support of former Let Freedom Ring Committee Member Daisy Lagasca and her service to the community.
Angilla Wong spoke in support of former Let Freedom Ring Committee Member Daisy Lagasca and her service to the community.
Daisy Lagasca spoke regarding her service on the Let Freedom Ring Committee and the services she provides to the community.
Case van der Linden spoke in support of former Let Freedom Ring Committee Member Daisy Lagasca and her service to the community.
Noting there were no other individuals who elected to provide public comment, the Mayor Pro Tem declared the public comments period closed.
At this juncture, Bill Ihrke, City Attorney, provide d clarification regarding the City’s appointments, removals, and filling of unscheduled vacancy procedures.
7. Consent Calendar
7A. Approval of Minutes
Thursday, October 13, 2022, 7:00 p.m. City Council/Successor Agency Regular Meeting Minutes (COUNCIL/SUCCESSOR AGENCY).
MOTION: It was moved by Yokoyama, and seconded by Solanki, to approve the Thursday, October 13, 2022, 7:00 p.m. City Council/Successor Agency Regular Meeting Minutes (COUNCIL/SUCCESSOR AGENCY).
The motion carried (4 – 0 – 1) as follows:
AYES: Johnson, Solanki, Yokoyama, Barrows
NOES: None
ABSENT: Vo (excused)
ABSTAIN: None
7B. Approval of the Register of Demands
7B.1. Register of Demands for the City of Cerritos dated November 10, 2022 (COUNCIL).
MOTION: It was moved by Yokoyama, and seconded by Solanki, to approve the Register of Demands as follows:
City of Cerritos November 10, 2022 $ 9, 506,809.47 (COUNCIL)
The motion carried (4 – 0 – 1) as follows:
AYES: Johnson, Solanki, Yokoyama, Barrows
NOES: None
ABSENT: Vo (excused)
ABSTAIN: None
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7. Consent Calendar (continued)
7B.2. Register of Demands for the Successor Agency to the Cerritos Redevelopment Agency dated November 10, 2022 (SUCCESSOR AGENCY).
MOTION: It was moved by Yokoyama, and seconded by Solanki, to approve the Register of Demands as follows:
Successor Agency November 10, 2022 $ 11,146,138.75 (SUCCESSOR AGENCY)
The motion carried (4 – 0 – 1) as follows:
AYES: Johnson, Solanki, Yokoyama, Barrows
NOES: None
ABSENT: Vo (excused)
ABSTAIN: None
7C. Approval of the Treasurer’s Reports
City Council/Successor Agency Treasurer's Reports for the period ending September 30, 2022 (COUNCIL/SUCCESSOR AGENCY).
MOTION: It was moved by Yokoyama, and seconded by Solanki, to approve the City Council/Successor Agency Treasurer’s Reports for the period ending September 30, 2022 (COUNCIL/SUCCESSOR AGENCY).
The motion carried (4 – 0 – 1) as follows:
AYES: Johnson, Solanki, Yokoyama, Barrows
NOES: None
ABSENT: Vo (excused)
ABSTAIN: None
7D. 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).
MOTION: It was moved by Yokoyama, and seconded by Solanki, to waive full reading of and adopt Resolution No. 2022-40, 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).
The motion carried (4 – 0 – 1) as follows:
AYES: Johnson, Solanki, Yokoyama, Barrows
NOES: None
ABSENT: Vo (excused)
ABSTAIN: None
7E. Award of contract for Sports Complex fence rehabilitation, Project No. 20106, Bid No. 1480-22 (COUNCIL).
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7. Consent Calendar (continued)
7E. (continued)
MOTION: It was moved by Yokoyama, and seconded by Solanki, to:
1. Award a contract in the amount of $260,900 for Sports Complex fencing and netting refurbishments (base bid and alternates #1, #2, #3, and #4), to Quality Fence Co., Inc., and reject the other bids, Project No. 20106, Bid No. 1480-22; and
2. Authorize the City Manager or designee to ex ecute any project -related change orders, in accordance with the City’s adopted Purchasing and Contracting Policy (COUNCIL).
The motion carried (4 – 0 – 1) as follows:
AYES: Johnson, Solanki, Yokoyama, Barrows
NOES: None
ABSENT: Vo (excused)
ABSTAIN: None
7F. Award of contract for annual painting maintenance for the City of Cerritos, Bid No. 1485- 22 (COUNCIL).
MOTION: It was moved by Yokoyama, and seconded by Solanki, to:
1. Award a one-year contract with provisions to extend up to four (4) one -year extensions for annual painting maintenance to Genesis Builders, Inc. 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).
The motion carried (4 – 0 – 1) as follows:
AYES: Johnson, Solanki, Yokoyama, Barrows
NOES: None
ABSENT: Vo (excused)
ABSTAIN: None
7G. Approval of an amendment to extend an existing agreement with the City of South Gate for the lease of water rights by the City of Cerritos for an additional two years to include Fiscal Years 2023-2024 and 2024-2025 (COUNCIL).
MOTION: It was moved by Yokoyama, and seconded by Solanki, to approve and authorize the Mayor to execute an amendment to extend the existing water rights lease agreement with the City of South Gate for an additional two years through and including June 30, 2025, for 1,000 acre-feet of groundwater for each of Fiscal Years 2023-2024 and 2024-2025, for a total of $190,000 per fiscal year (COUNCIL).
The motion carried (4 – 0 – 1) as follows:
AYES: Johnson, Solanki, Yokoyama, Barrows
NOES: None
ABSENT: Vo (excused)
ABSTAIN: None
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7. Consent Calendar (continued)
7H. Authorization of agreement with the City of Lakewood for the lease of water rights by the City of Cerritos for Fiscal Years 2023-2024, 2024-2025, and 2025-2026 (COUNCIL).
MOTION: It was moved by Yokoyama, and seconded by Solanki, to approve and authorize the Mayor to execute a water rights lease agreement for 700 acre-feet of groundwater by the City of Cerritos from the City of Lakewood for each of Fiscal Years 2023 -2024, 2024-2025, and 2025-2026 for a total of $115,500 per fiscal year (COUNCIL).
The motion carried (4 – 0 – 1) as follows:
AYES: Johnson, Solanki, Yokoyama, Barrows
NOES: None
ABSENT: Vo (excused)
ABSTAIN: None
7I. Award of contract for design and engineering services for the City of Cerritos Potable Water Master Plan Development, Project No. 23504, RFP No. 1482-22 (COUNCIL).
MOTION: It was moved by Yokoyama, and seconded by Solanki, to:
1. Authorize a budget amendment for the appropriation of funds in the amount of $70,000 from the Water Fund for Project No. 23504, City of Cerritos Potable Water Master Plan Development;
2. Award a contract in the amount of $270,000 for design and engineering services for the City of Cerritos Potable Water Master Plan Development, Project No. 23504, RFP No. 1482-22, to Stetson Engineers, Inc. and reject all other proposals; and
3. 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 (4 – 0 – 1) as follows:
AYES: Johnson, Solanki, Yokoyama, Barrows
NOES: None
ABSENT: Vo (excused)
ABSTAIN: None
7J. Award of contract for design and engineering services for the City of Cerritos Reclaimed Water Master Plan Development, Project No. 23505, RFP No. 1483-22 (COUNCIL).
MOTION: It was moved by Yokoyama, and seconded by Solanki, to:
1. Authorize a budget amendment for the appropriation of funds in the amount of $42,974 from the Reclaimed Water Fund for Project No. 2350 5, City of Cerritos Reclaimed Water Master Plan Development;
2. Award a contract in the amount of $192,974 for design and engineering services for the City of Cerritos Reclaimed Water Master Plan Development, Project No. 23505, RFP No. 1483-22, to Psomas and reject all other proposals; and
3. 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)
7J. (continued)
The motion carried (4 – 0 – 1) as follows:
AYES: Johnson, Solanki, Yokoyama, Barrows
NOES: None
ABSENT: Vo (excused)
ABSTAIN: None
7K. Award of contract for design and engineering services for the City of Cerritos Sewer Master Plan Development, Project No. 23603, RFP No. 1484-22 (COUNCIL).
MOTION: It was moved by Yokoyama, and seconded by Solanki, to:
1. Authorize a budget amendment for the appropriation of funds in the amount of $182,260 for Project No. 23603, City of Cerritos Sewer Master Plan Development; and
2. Award a contract in the amount of $432,260 for design and engineering services for the City of Cerritos Sewer Master Plan Development, Project No. 23 603, RFP No. 1484-22, to Psomas; and
3. 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 (4 – 0 – 1) as follows:
AYES: Johnson, Solanki, Yokoyama, Barrows
NOES: None
ABSENT: Vo (excused)
ABSTAIN: None
7L. Award of contract and approval of a proposal submitted by Western Audio Visual (WAV) to execute Capital Improvement Program Council Chamber audio/visual upgrades, RFP No. 1478-22* (COUNCIL).
*Pursuant to Section 15301, Existing Facilities, of the California Environmental Quality Act (CEQA) guidelines, this project is categorically exempt from CEQA review.
MOTION: It was moved by Yokoyama, and seconded by Solanki, to:
1. Authorize the Mayor, or City M anager in his stead, to enter into a Professional Services Agreement (Agreement) with Western Audio Visual pursuant to the City’s Request for Proposal (RFP) and the terms and conditions detailed in said Agreement in the amount of $501,730.81;
2. Direct City staff to review and discuss the project design with WAV related to potential project design alternatives, identifying potential equipment supply chain delays, and providing a state-of-the-art Council Chamber experience;
3. Authorize the City M anager or designee to execute a FY 2022 -2023 budget amendment with a new appropriation of $501,750, for the acquisition and implementation of Council Chamber audio/visual upgrades as stipulated; and
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7. Consent Calendar (continued)
7L. (continued)
4. Authorize the City Manager or designee to execute any project-related change orders (COUNCIL).
The motion carried (4 – 0 – 1) as follows:
AYES: Johnson, Solanki, Yokoyama, Barrows
NOES: None
ABSENT: Vo (excused)
ABSTAIN: None
8. Public Hearings
None.
9. New and Old Business
9A. Review and consideration of award of a contract for professional services for a classification and compensation study, RFP No. 1471-22 (COUNCIL).
A staff report was given by Patricia Leyva, Personnel/Risk Manager.
The Mayor Pro Tem opened the public comments period. Noting there were no individuals who elected to provide public comment, the Mayor Pro Tem declared the public comments period closed.
MOTION: It was moved by Solanki, and seconded by Johnson, to:
1. Authorize Phase I of the study comprised of an analysis of the City’s existing classification and compensation system for both full -time and part- time City employees, for a cost of $124,800;
2. Authorize Phase II of the study comprised of an analysis of the City’s existing organizational structure to ensure the equitable division of labor among City Departments, Divisions, and City employees for an additional cost of $47,500; and
3. Authorize the Mayor or City Manager to enter into a Professional Services Agreement between the City of Cerritos and Transformance Consulting for the completion of Phase I and Phase II outlined within the associated agenda report, totaling $172,300 (COUNCIL).
The motion carried (4 – 0 – 1) as follows:
AYES: Johnson, Solanki, Yokoyama, Barrows
NOES: None
ABSENT: Vo (excused)
ABSTAIN: None
9B. Review and consideration of award of contract for Citywide sidewalk, curb and gutter repairs in the City of Cerritos, Bid No. 1477-22 (COUNCIL).
A staff report was given by Dario Simoes, Deputy Director of Public Works/City Engineer.
A PowerPoint presentation was displayed.
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9. New and Old Business (continued)
9B. (continued)
The Mayor Pro Tem opened the public comments period. Noting there were no individuals who elected to provide public comment, the Mayor Pro Tem declared the public comments period closed.
MOTION: It was moved by Solanki, and seconded by Johnson, to:
1. Award a one-year annual contract with provision to extend for up to four (4) one- year extensions for Citywide sidewalk, curb and gutter repairs, Bid No. 1477-22, to CJ Concrete Construction, Inc., and reject all other bids; and
2. Authorize the City Manager or designee to execute any project -related c hange orders, in accordance with the City’s adopted Purchasing and Contracting Policy (COUNCIL).
The motion carried (4 – 0 – 1) as follows:
AYES: Johnson, Solanki, Yokoyama, Barrows
NOES: None
ABSENT: Vo (excused)
ABSTAIN: None
9C. Review and consideration of award of contract for Metro Intersection (Hot Spots) Project, Project No. 19301, Bid No. 1475-22, and an associated reimbursement agreement with the City of La Palma for their proportionate share of the project cost (COUNCIL).
A staff report was given by Dario Simoes, Deputy Director of Public Works/City Engineer.
A PowerPoint presentation was displayed.
The Mayor Pro Tem opened the public comments period. Noting there were no individuals who elected to provide public comment, the Mayor Pro Tem declared the public comments period closed.
MOTION: It was moved by Yokoyama, and seconded by Johnson, to:
1. Authorize the Mayor to approve and execute the associated project participation agreement with the City of La Palma in a form approved by the City Attorney;
2. Authorize a budget amendment for Fiscal Year 2022 -2023, for an increase in revenues in the Street Improvement Fund in the amount of $220,000;
3. Authorize a budget amendment for Fiscal Year 2022-2023, for the appropriation of additional funds in the amount of $220,000 for Project No. 19301, Metro Intersections (Hot Spots) Project;
4. Award a contract in the amount of $719,398.50 for Metro Intersections (Hot Spots) Project (total bid), Project No. 19301, Bid No. 1475-22, to Sequel Contractors, Inc. and reject the other bids;
5. Award a contract in the amount of $25,200 for construction administration and inspection services for Metro Intersection (Hot Spots) Project to Harzog and Crabill, Inc.; and
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9. New and Old Business (continued)
9C. (continued)
6. 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 (4 – 0 – 1) as follows:
AYES: Johnson, Solanki, Yokoyama, Barrows
NOES: None
ABSENT: Vo (excused)
ABSTAIN: None
9D. Review and consideration of an informational budget and audit compliance report for Fiscal Year 2022-23 (COUNCIL).
Staff reports were given by Peter Kemp, Budget Manager, and Dario Simoes, Deputy Director of Public Works/City Engineer. A PowerPoint presentation was displayed.
The Mayor Pro Tem opened the public comments period. Noting there were no individuals who elected to provide public comment, the Mayor Pro Tem declared the public comments period closed.
MOTION: It was moved by Yokoyama, and seconded by Solanki, to ratify the executed budget amendments from the first quarter of Fiscal Year 2022-2023 as summarized in the Budget Adjustment Log (Exhibit 1 of the associated agenda report) (COUNCIL).
The motion carried (4 – 0 – 1) as follows:
AYES: Johnson, Solanki, Yokoyama, Barrows
NOES: None
ABSENT: Vo (excused)
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 Johnson and Solanki.
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11. Reports (continued)
11B. (continued)
CONSENSUS (Solanki): Directed the City Manager to ensure that the Planning Commission receives a copy of the Community Development project status and building permit memorandum provided quarterly to the Council.
12. Closed Session
Bill Ihrke, City Attorney, announced the City Council would recess to Closed Session to discuss Item 12A, as listed on the Closed Sessi on agenda. Items 12B, 12C, and 12D would not be discussed and will be scheduled for the next City Council meeting. The City Council then recessed to Closed Session to discuss Item 12A.
12A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to California Government Code Section 54956.9(d)(1) Name of Case: City of Norwalk v. City of Cerritos
(Los Angeles Sup. Ct. Case No. 22STCV33737) (COUNCIL)
12B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (NOT DISCUSSED) Pursuant to California Government Code Section 54957 (COUNCIL) Title: City Manager
12C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (NOT DISCUSSED) Pursuant to California Government Code Section 54957 (COUNCIL) Title: City Attorney
12D. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (NOT DISCUSSED) Pursuant to California Government Code Section 54957 (COUNCIL) Title: City Clerk/Treasurer
CLOSED SESSION REPORT:
Bill Ihrke, City Attorney, reported the City Council c onvened into Closed S ession to discuss Item 12A, as listed on the Closed Session agenda. Items 12B, 12C, and 12D were not discussed or considered.
As related to Item 12A, the City Council considered existing litigation pursuant to California Government Code Section 54956.9(d)(1), City of Norwalk v. City of Cerritos, Los Angeles Superior Court Case No. 22STCV33737, and took the following action, reported pursuant to Government Code Section 54957.1:
MOTION: It was moved by Barrows, and seconded by Solanki, to approve the City Attorney’s Office to defend the City of Cerritos in the case noticed for Item 12A: City of Norwalk v. City of Cerritos (L.A. Sup. Ct. Case No. 22STCV33737). The substance of the litigation may be summarized as a public nuisance action brought by Norwalk against Cerritos based on increased truck tra ffic, originating from a distribution center in a neighboring city and the limitations imposed on commercial and heavy weight trucks on local Cerritos streets (COUNCIL).
The motion carried (4 – 0 – 1) as follows:
AYES: Johnson, Solanki, Yokoyama, Barrows
NOES: None
ABSENT: Vo (excused)
ABSTAIN: None
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13. Adjournment
The meeting adjourned at 8:40 p.m. in memory of Central Basin Municipal Water District Board of Directors member, Phillip Hawkins.
/s/Cynthia Nava
Cynthia Nava, Assistant City Clerk/Agency Secretary
ATTEST:
/s/Chuong Vo
Chuong Vo, Mayor/Chair
APPROVED: November 28, 2022