MINUTES OF A SPECIAL MEETING OF THE CERRITOS CITY COUNCIL AND THE
SUCCESSOR AGENCY TO THE CERRITOS REDEVELOPMENT AGENCY HELD MONDAY, NOVEMBER 28, 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 Aaron Solomon -Mills, First Christian Reformed Church of Bellflower.
3. Pledge of Allegiance
The Pledge of Allegiance was led by Independent Artist Academy Dance Students Briseya Sarinana and Maxine Rabina.
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
None.
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.
6. Public Comments and Suggestions
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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7. Consent Calendar
7A. Approval of Minutes
Thursday, November 10 , 2022, 7:00 p.m. City Council/Successor Agency Regular Meeting Minutes (COUNCIL/SUCCESSOR AGENCY).
MOTION: It was moved by Barrows, and seconded by Yokoyama, to approve the Thursday, November 10, 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
7B. Approval of the Register of Demands
7B.1. Register of Demands for the City of Cerritos dated November 28, 2022 (COUNCIL).
MOTION: It was moved by Barrows, and seconded by Yokoyama, to approve the Register of Demands as follows:
City of Cerritos November 28, 2022 $ 5,910,657.22 (COUNCIL)
The motion carried (5 – 0) as follows:
AYES: Johnson, Solanki, Yokoyama, Barrows, Vo
NOES: None
ABSENT: None
ABSTAIN: None
7C. Award of contract for printing and mailing of the Cerritos News, Cerritos Lifelong Enrichment, and Community Services program, Bid No. 1487-22 (COUNCIL).
MOTION: It was moved by Barrows, and seconded by Yokoyama, to award a contract for printing and mailing of The Cerritos News, Cerritos Lifelong Enrichment, and Community Services Program, to Southwest Offset Printing in the amount of $82,753.44 , Bid No. 1487-22. In the event issues of non-performance arise, the project would be removed from Southwest Offset Printing and taken to the next lowest qualified 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
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7. Consent Calendar (continued)
7D. Award of contract for annual mechanical equipment maintenance, Bid No. 1446 -22* (COUNCIL).
*Pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines, this project is categorically exempt from CEQA review.
MOTION: It was moved by Barrows, and seconded by Yokoyama, to:
1. Adopt findings in accordance with the California Environmental Quality Act, Public Resources Code Section 21000 et seq. (CEQA) that the proposed contract award is categorically exempt pursuant to Section 15301 of the CEQA Guidelines, based on the findings set forth as outlined in the associated agenda report;
2. Authorize a budget amendment in the Fiscal Year 2022 -2023 budget for the appropriation of funds in the amount of $114,000 from the General Fund for Annual Mechanical Equipment Maintenance;
3. Award a one-year annual contract with a provision to extend it for up to four (4) one-year extensions for annual mechanical equipment maintenance to Control Air Enterprises, LLC, in the amount of $173,964.66, Bid No. 1446 -22, and reject all other bids; and
4. 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
7E. Authorization of modifications to an existing Freeway Agreement between the City of Cerritos and the State of California Department of Transportation (COUNCIL).
MOTION: It was moved by Barrows, and seconded by Yokoyama, to:
1. Approve the proposed Freeway Agreement for State Route 91 between City of Cerritos and the State of California Department of Transportation, which supersedes in its entirety the previous Freeway Agreements dated May 3, 1966 and October 16, 1986; and
2. Authorize the Mayor to execute the Freeway Agreement in a form approved by the City Attorney (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)
7F. Award of contracts for City of Cerritos athletic field improvements, Capital Project No. 22102* (COUNCIL).
*Pursuant to Section 15301 of the Califor nia Environmental Quality Act (CEQA) Guidelines, this project is categorically exempt from CEQA review.
MOTION: It was moved by Barrows, and seconded by Yokoyama, to:
1. Adopt the findings in accordance with Section 3.20.060(h) of the Cerritos Municipal Code, based on the findings as set forth in the associated agenda report;
2. Adopt findings in accordance with the California Environmental Quality Act, Public Resources Code Section 21000 et seq. (CEQA) that the improvements planned under the proposed contract award are categorically exempt pursuant to Section 15301 of the CEQA Guidelines, based on the findings set forth in the associated agenda report;
3. Award a contract in the amount of $44,997 for athletic field improvements to be completed at Heritage Park as part of Capital Project No. 22102, to Quality Fence Co., Inc.;
4. Award a contract in the amount of $68,450 for athletic field improvements to be completed at Liberty Park as part of Capital Project No. 22102, to Quality Fence Co., Inc.; 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
7G. Award of contracts for Cerritos Park East California Room improvements, Capital Project No. 23202 (COUNCIL).
MOTION: It was moved by Barrows, and seconded by Yokoyama, to:
1. Adopt the findings in accordance with Section 3.20.060(h) of the Cerritos Municipal Code, based on the findings as set forth in the associated agenda report for the hearing loop system;
2. Adopt findings in accordance with the California Environmental Quality Act, Public Resources Code Section 21000 et seq. (CEQA) that the improvements planned under the proposed contract award are categorically exempt pursuant to Section 15301 of the CEQA Guidelines, based on the findings as set forth in the associated agenda report;
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7. Consent Calendar (continued)
7G. (continued)
3. Award a contract in the amount of $246,680 for the replacement of the moveable walls inside the California Room as part of Capital Project No. 23202, to Pacific Sound Control;
4. Award a contract in the amount of $38,963.25 for the installation of a hearing loop system inside the California Room as part of Capital Project No. 23202, to Otojoy;
5. Award a contract in the amount of $111,103.81 for the replacement of the flooring inside the California Room as part of Capital Project No. 23202, to Commercial Interior Resources; and
6. Authorize the City Manager or designee to execute any project -related change orders, in accordance with the City’s adopted Purchasing and Contractin g Policy (COUNCIL).
The motion carried (5 – 0) as follows:
AYES: Johnson, Solanki, Yokoyama, Barrows, Vo
NOES: None
ABSENT: None
ABSTAIN: None
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 CONDITIONAL USE PERMIT 2022-3, A REQUEST BY LUNING
CHEN (PURE MASSAGE) TO PERMIT A MASSAGE ESTABLISHMENT USE WITH STATE - CERTIFIED MASSAGE THERAPISTS AT 412 LOS CERRITOS MAL L, CERRITOS, CALIFORNIA, 90703. THE SUBJECT PROPERTY IS ZONED REGIONAL COMMERCIAL (CR) (APN 7038-014-023)* (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 , Current Planning Manager. A PowerPoint presentation was displayed.
The Mayor opened the public hearing and public comments period. Noting there were no individuals who e lected to provide public comment, the Mayor declared the public comments period and public hearing closed.
MOTION: It was moved by Solanki, and seconded by Johnson, to waive full reading of and adopt Resolution No. 2022 -41, A RESOLUTION OF THE CITY OF CE RRITOS APPROVING CONDITIONAL USE PERMIT 2022-3, A REQUEST BY LUNING CHEN (PURE MASSAGE) TO PERMIT A MASSAGE ESTABLISHMENT USE WITH STATE- CERTIFIED MASSAGE THERAPISTS AT 412 LOS CERRITOS MALL , CERRITOS, CALIFORNIA, 90703. THE SUBJECT PROPERTY IS ZONED REGIO NAL COMMERCIAL (CR) (APN 7038-014-023) (COUNCIL).
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8. Public Hearings (continued)
8A. (continued)
The motion carried (5 – 0) as follows:
AYES: Johnson, Solanki, Yokoyama, Barrows, Vo
NOES: None
ABSENT: None
ABSTAIN: None
8B. Review and consi deration to waive full reading of and adopt A RESOLUTION OF THE
CERRITOS CITY COUNCIL AUTHORIZING UTILIZATION OF RESTRICTED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS, TOTALING APPROXIMATELY $230,000, DURING FISCAL YEAR 2023-2024, TO CONSTRUCT AND RETROFIT ACCESSIBLE CURB
RAMPS AND MAKE NECESSARY SIDEWALK REPAIRS ALONG TOWNE CENTER DRIVE WITHIN THE CERRITOS TOWNE CENTER (COUNCIL).
A staff report was given by Sabrina Chan, Advance Planning Manager. 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 Johnson, and seconded by Solanki, to waive full reading of and adopt Resolution No. 2022-42, A RESOLUTION OF THE CERRITOS CITY COUNCIL
AUTHORIZING UTILIZATION OF RESTRICTED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS, TOTALING APPROXIMATELY $230,000, DURING FISCAL YEAR 2023-2024, TO CONSTRUCT AND RETROFIT ACCESSIBLE CURB
RAMPS AND MAKE NECESSARY SIDEWALK REPAIRS ALONG TOWNE CENTER DRIVE WITHIN THE CERRITOS TOWNE CENTER (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 award of a contract to conduct an evaluation of current street conditions and update the Cerritos Pavement Management Program* (COUNCIL).
*Pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines, this project is categorically exempt from CEQA review.
A staff report was given by Dario Simoes, Deputy Director of Public Works/City Engineer.
A PowerPoint presentation was displayed.
CONSENSUS (Solanki): Directed the City Manager to provide the City Council with information on the conduct of a survey of City sidewalks, inclusive of costs.
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9. New and Old Business (continued)
9A. (continued)
The Mayor opened the public comments period.
Don Lindgren inquired if City staff would readvertise the request for proposals to include a sidewalk management program and made suggestions as to the criteria for selection of a qualified vendor.
Noting there were n o other individuals who elected to pr ovide public comment, the Mayor declared the public comments period closed.
MOTION: It was moved by Barrows, and seconded by Solanki, to table consideration of this agenda item to a future meeting agenda in order to include information related to the potential conduct of a survey of City sidewalks, inclusive of costs (COUNCIL).
The motion carried (5 – 0) as follows:
AYES: Johnson, Solanki, Yokoyama, Barrows, Vo
NOES: None
ABSENT: None
ABSTAIN: None
9B. Review and consideration of an amendment to the integrated solid waste management services agreement with Athens Services pertaining to the implementation of a residential organic waste collection program and associated rate adjustments (COUNCIL).
A staff repo rt was given by Mike O’Grady , Utilities Administrator . A PowerPoint presentation was displayed.
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)
Tom Voth requested assistance obtaining the agenda report and general information about the item.
Tom Neuberger requested assistance with submission of written correspondence and inquired about the contract adjustment amount.
Kenneth Kung expressed concerns regarding storage and sorting of organics and enforcement of the State requirements.
Gordon Tani inquired as to whether residents could opt to compost all organics an d avoid a rate increase.
Murali Vasudevan requested information on the feedback received from the pilot program and the City’s upcoming public education campaign.
Jeffrey Mattison inquired about the City’s public education campaign, potential sharing of bins, and potential profits to the waste hauler.
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9. New and Old Business (continued)
9B. (continued)
Jane Dote requested information on the feedback received from the pilot program, whether compost bags are allowed, and potential negative impact s of organics collection.
Patricia Alexander provided several suggestions regarding implementation of the program in multi-family housing developments.
Sue Carter expressed support for the minimal increase in rates in order to implement the program.
Michelle Leong stated opposition to any proposed rate increase.
Bina Bengali stated opposition to any proposed rate increase.
Jay Gray referenced previous City Council actions related to franchise waste hauling in the City and expressed concerns with the timing of consideration of this agenda item.
In-Person Public Comments:
Carla McKernie expressed concern that Cerritos residents are responsible for paying increased costs due to a State mandate.
David Armiento expressed concern with the proposed rate increase, as it appeared in conflict with his Athens billing statement, and that the State should be responsible for the increase costs related to the State mandate.
Gary Clifford, Athens Services, offered to speak with residents regarding the State mandate and noted the $10,000 per day fine which could be assessed on the City for non-compliance with SB 1383.
Charles Joslin inquired whether those who already compost at their homes would be assessed the fee and if there was an exemption. He also inquired as to the number of participants in the pilot program.
Shaghayegh (Sheri) Meshkinpour expressed support for the program, noting she was already separating organics at her residence and was a home composter.
Noting there were no other individuals who elected to pr ovide public comment, the Mayor declared the public comments period closed.
MOTION: It was moved by Solanki, and seconded by Barrows, to authorize the Mayor to execute Amendment One to the Integrated Solid Waste Management Services Agreement with Athens Services and directed the City Attorney to schedule a Closed Session for the purpose of discussing the pursuit of litigation related to the unfunded State mandated requirement pertaining to the implementation of organic waste collection programs (COUNCIL).
The motion carried (5 – 0) as follows:
AYES: Johnson, Solanki, Yokoyama, Barrows, Vo
NOES: None
ABSENT: None
ABSTAIN: None
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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 and Johnson, Mayor Pro Tem Barrows, and Mayor Vo.
CONSENSUS (Barrows): Directed the City Manager to provide a report to the City Council with analysis and costs related to potential salary adjustments to address rising inflation, incorporation of car allowances into base salaries, and to review and potentially reverse previous reductions in medical coverage which were implemented to address prior year City cash flow concerns.
CONSENSUS (Johnson): Directed the City Manager to provide a report to the City Council with information on the feasibility and costs associated with live streaming City events on the City’s cable channel, website, and social media outlets.
12. Closed Session
Bill Ihrke, City Attorney, announced the City Council would recess to Closed Session to discuss Items 12A, 12B, 12C, and 12D. The City Council then recessed to Closed Session to discuss Items 12A, 12B, 12C, and 12D, as listed on the Closed 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)
12B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to California Government Code Section 54957 (COUNCIL) Title: City Manager
12C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to California Government Code Section 54957 (COUNCIL) Title: City Attorney
12D. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to California Government Code Section 54957 (COUNCIL) Title: City Clerk/Treasurer
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12. Closed Session (continued)
CLOSED SESSION REPORT:
Bill Ihrke, City Attorney, reported the City Council c onvened into Closed S ession to discuss Items 12A, 12B, 12C, and 12D, as listed on the Closed Session agenda.
As related to Item 12A, the following action was reported:
MOTION: It was moved by Barrows, and seconded by Solanki, to authorize the initiation of litigation with the coordination of the City Atto rney’s Office and Special Counsel, Colantuono, Highsmith & Whatley, PC. In accordance with Gov. Code section 54957.1, upon the formal commencement and filing of the litigation, the name of the action, defendants, and other particulars of the litigatio n may be disclosed upon inquiry (COUNCIL).
The motion carried (5 – 0) as follows:
AYES: Johnson, Solanki, Yokoyama, Barrows, Vo
NOES: None
ABSENT: None
ABSTAIN: None
As related to Items 12B, 12C, and 12D as listed on the Closed Session agenda, there was no reportable action taken on any of those items. There was nothing further to report.
13. Adjournment
The meeting adjourned at 11:11 p.m. in memory of Cerritos resident Lily Kuo, who served upon the City’s Let Freedom Ring Committee, Economic Deve lopment Commission, and the Board of Directors of the Friends of the Cerritos Center for the Performing Arts.
/s/ Vida Barone
Vida Barone, City Clerk/Agency Secretary
ATTEST:
/s/ Chuong Vo
Chuong Vo, Mayor/Chair
APPROVED: December 8, 2022