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Minutes

Cerritos City Council
December 8, 2022

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Minutes
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December 8, 2022
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Cerritos City Council
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MINUTES OF A REGULAR MEETING OF THE CERRITOS CITY COUNCIL AND THE

SUCCESSOR AGENCY TO THE CERRITOS REDEVELOPMENT AGENCY AND SPECIAL

MEETING OF THE CERRITOS PUBLIC FINANCING AUTHORITY HELD THURSDAY, DECEMBER 8, 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 Vida Barone, City Clerk/Treasurer.

3. Pledge of Allegiance

The Pledge of Allegiance was led by Troop 394.

4. Roll Call

The following members of the City Council/Successor Agency were in attendance:

Council/Agency/Authority Member Lynda P. Johnson
Council/Agency/Authority Member Naresh Solanki
Council/Agency/Authority Member Frank A. Yokoyama
Mayor Pro Tem/Vice Chair/Vice Chair Bruce Barrows
Mayor/Chair/Chair Chuong Vo

5. Presentations/Appointments

5A. Presentations

P roclamations were made by the City Council as follows:

Cerritos Heat Soccer (Special Olympics Fall Games Champions).

Cerritos High School Varsity Football Team (605 League/District Champions).

Cerritos High School Frosh/Soph Football Team (605 League Champions).

5B. Review and consideration of appointments, removals, and filling of scheduled or unscheduled vacancies on the Cerritos Advisory Boards (2022-24 term) (COUNCIL).

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 Johnson, seconded by Solanki, to approve Councilmember Johnson’s nomination, as listed below, for an unexpired two-year term of service, commencing December 8, 2022 and expiring April 30, 2024 (COUNCIL):

Name Advisory Board
Joel Miranda Ilao Let Freedom Ring Committee

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City of Cerritos Thursday, December 8, 2022, 7:00 p.m.

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5. Presentations/Appointments (continued)

5B. (continued)

The motion carried (5 – 0) as follows:

AYES: Johnson, Solanki, Yokoyama, Barrows, Vo
NOES: None
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.

Joo Pak, representing 67
th District Assemblymember Sharon Qui rk-Silva, introduced himself to the Council, staff, and community.

Renita Armstrong, Bellflower Unified School District Governing Boardmember, introduced herself to the Council, staff, and community.

Norma Williamson commented on the impacts to residents from heatwaves and blackouts, and suggested the City Council install a solar/battery cooling system at the Cerritos Senior Center. She submitted documents for the record entitled, "Facing a sizzling summer, large parts of the U.S. risk blackouts, government agency warns,” and a community petition entitled, “Cerritos Community Petition to install a solar/battery storage cooling system on Cerritos Senior Center.”

Suzanne Philipsen-Zabel expressed her care for Cerritos community and suggested the City Council install a solar/battery cooling system at the Cerritos Senior Center.

Al Barlevy suggested the City Council install a solar/battery cooling system at the Cerritos Senior Center and other City facilities and cited the City’s support of the generation of clean energy through the original Magnolia Power Plant project.

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

Monday, November 28, 2022, 7:00 p.m. City Council/Successor Agency Special Meeting Minutes (COUNCIL/SUCCESSOR AGENCY).

MOTION: It was moved by Solanki, and seconded by Johnson, to approve the Monday, November 28, 2022, 7:00 p.m. City Council/Successor Agency Special Meeting Minutes (COUNCIL/SUCCESSOR AGENCY).

City of Cerritos Thursday, December 8, 2022, 7:00 p.m.

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7. Consent Calendar (continued)

7A. (continued)

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 December 8, 2022 (COUNCIL).

MOTION: It was moved by Solanki, and seconded by Johnson, to approve the Register of Demands as follows:

City of Cerritos December 8, 2022 $ 1, 063,830.44 (COUNCIL)

The 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 October 31, 2022 (COUNCIL/SUCCESSOR AGENCY).

MOTION: It was moved by Solanki, and seconded by Johnson, to approve the City Council/Successor Agency Treasurer’s Reports for the period ending October 31, 2022 (COUNCIL/SUCCESSOR AGENCY).

The motion carried (5 - 0) as follows:

AYES: Johnson, Solanki, Yokoyama, Barrows, Vo
NOES: None
ABSENT: None
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 Solanki, and seconded by Johnson, to waive full reading of and adopt Resolution No. 2022-43, A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF CERRITOS, CALIFORNIA, AUTH ORIZING AND IMPLEMENTING

TELECONFERENCE ACCESSIBILITY FOR CONDUCTING PUBLIC MEETINGS PURSUANT TO ASSEMBLY BILL 361 (STATS. 2021, CH. 165) (COUNCIL).

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City of Cerritos Thursday, December 8, 2022, 7:00 p.m.

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7. Consent Calendar (continued)

7D. (continued)

The motion carried (5 – 0) as follows:

AYES: Johnson, Solanki, Yokoyama, Barrows, Vo
NOES: None
ABSENT: None
ABSTAIN: None

7E. Authorization of an annual expenditure for Tyler Technologies enterprise resource planning software support in accordance with City Purc hasing and Contracting Policy (8.03) (COUNCIL).

MOTION: It was moved by Solanki, and seconded by Johnson, to:

1. Authorize the annual expenditure of $68,308.28 to Tyler Technologies for the renewal of Eden software support and maintenance services in accordance with the City’s Purchasing and Contracting Policy (8.03) where the purchase of goods and services in excess of $50,000 shall require City Council approval; and

2. Authorize the City Manager, or designee, to execute a Fiscal Year 2022-2023 budget amendment with a new appropriation of $6,400 to be allocated for Tyler Technologies software and support services (COUNCIL).

The motion carried (5 – 0) as follows:

AYES: Johnson, Solanki, Yokoyama, Barrows, Vo
NOES: None
ABSENT: None
ABSTAIN: None

8. Public Hearings

None.

9. New and Old Business

9A. Review and consideration of approval of the completion of the 2022 biennial review of the Cerritos conflict of interest codes pursuant to the Political Reform Act of 1974 by waiver of full reading of and adoption of A JOINT RESOLUTION OF THE CERRITOS CITY

COUNCIL, SUCCESSOR AGENCY TO THE CERRITOS REDEVELOPMENT AGENCY, AND

CERRITOS PUBLIC FINANCING AUTHORITY ADOPTING THE AMENDED CONFLICT OF INTEREST CODES, AND REPEALING RESOLUTION NOS. 2020-34, SA 2020-03, AND CPFA 2020-01 (COUNCIL/AGENCY/AUTHORITY).

A staff report was given by Vida Barone, City Clerk/Treasurer/City FPPC Filing Officer/Official. A PowerPoint presentation was displayed.

The Mayor opened the public comments period. Noting there were no individuals who elected to pr ovide public comment, the Mayor decl ared the public comments period closed.

City of Cerritos Thursday, December 8, 2022, 7:00 p.m.

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9. New and Old Business (continued)

9A. (continued)

MOTION: It was moved by Solanki, and seconded by Barrows, to approve the completion of the 2022 biennial review of the City of Cerritos, Successor Agency to the Cerritos Redevelopment Agency, and Cerritos Public Financing Authority Conflict of Interest Codes pursuant to the Political Reform Act of 1974 by waiving full reading of and adopting Resolution No. 2022- 44, CSA 2022-03, and CPFA 2022- 01, A JOINT

RESOLUTION OF THE CERRITOS CITY COUNCIL, SUCCESSOR AGENCY TO THE

CERRITOS REDEVELOPMENT AGENCY, AND CERRITOS PUBLIC FINANCING

AUTHORITY ADOPTING THE AMENDED CONFLICT OF INTEREST CODES, AND REPEALING RESOLUTION NOS. 2020- 34, CSA 2020- 03, AND CPFA 2020- 01 (COUNCIL/AGENCY/AUTHORITY).

The motion carried (5 – 0) as follows:

AYES: Johnson, Solanki, Yokoyama, Barrows, Vo
NOES: None
ABSENT: None
ABSTAIN: None

9B. Review and consideration of award of contracts for Senior Center flooring replacement, Capital Project No. 23211* (COUNCIL).

*Pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines, this project is categorically exempt from CEQA review.

Staff reports were given by Dario Simoes, Deputy Director of Public Works/City Engineer and Robert A. Lopez, Director of Public Works/Water & Power. A PowerPoint presentation was displayed.

The Mayor opened the public comments period. Noting there were no individuals who elected to pr ovide public comment, the Mayor declared the public comments period closed.

MOTION: It was moved by Johnson, 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;

3. Award a contract in the amount of $47,487.38 for the installation of a hearing loop system inside the Majestic Room as part of Capital Project No. 23211, to Otojoy;

4. Award a contract in the amount of $123,088.72 for the replacement of the flooring inside the Majestic Room, Arts and Crafts Room, and River Rock Room as part of Capital Project No. 23211, to Commercial Interior Resources; and City of Cerritos Thursday, December 8, 2022, 7:00 p.m.

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9. New and Old Business (continued)

9B. (continued)

5. 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 (8.03) (COUNCIL).

The motion carried (5 – 0) as follows:

AYES: Johnson, Solanki, Yokoyama, Barrows, Vo
NOES: None
ABSENT: None
ABSTAIN: None

9C. Review and consideration of announcement of City Manager Art Gallucci’s r etirement from the City of Cerritos and consideration of process for recruitment of a new City Manager (COUNCIL).

A staff report was given by Bill Ihrke, City Attorney. A PowerPoint presentation was displayed.

City Council discussion ensued on the agenda item.

MOTION FAILS DUE TO LACK OF A SECOND: The motion made by Johnson to reorder the agenda for the purpose of adjourning to Closed Session at this juncture of the meeting for the purpose of discussing Closed Session Item 12A (City Manager Performan ce Evaluation) did not pass due to lack of a second.

The City Council resumed discussion on this agenda item.

The Mayor opened the public comments period.

In-Person Public Comments:

Anantha Ramachandran thanked City Manager Gallucci on his years of service to the City of Cerritos and suggested the City Council use this opportunity to consider Charter amendments as related to the City Manager position, including salary caps and term limits.

Rosa Peters expressed concerns that the process for the selection of a new City Manager appears to lack transparency.

Gabriela Dominguez expressed the need for transparency in the selection of a new City Manager and suggested the matter be tabled until additional information is presented regarding each option.

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)

Gail and Marty Grossman provided suggestions for selection of the next City Manager.

Sue Carter expressed gratitude for City Manager Gallucci’s years of service to the City of Cerritos and provided suggestions for the selection of the next City Manager.

City of Cerritos Thursday, December 8, 2022, 7:00 p.m.

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9. New and Old Business (continued)

9C. (continued)

Rogan Girard expressed appreciation for City Manager Gallucci’s years of service to the City of Cerritos.

Noting there were no other individuals who elected to pr ovide public comment, the Mayor declared the public comments period closed.

MAIN MOTION: It was moved by Solanki, and seconded by Barrows, to direct staff to provide an agenda report to the City Council with information and costs related to retaining a professional recruiting service for the purpose of selection of a new City Manager (COUNCIL).

SUBSTITUTE MOTION: It was moved by Johnson, and seconded by Yokoyama, to table consideration of this matter until such time as City staff can provide an agenda report with information in response to the various inquiries and requests made by the City Council during their discussion, as summarized below:

- Comprehensive options available to the City Council as related to the selection of a new City Manager, inclusive of specific detail, timelines, and associated costs; List to include all items presented during City Attorney’s staff report and PowerPoint Presentation, survey of recent City Manager selection processes conducted by local, regional, and statewide municipalities, and other recommended best practices;

- Legal parameters and specificity as to which topics and matters can be discussed or disclosed in open session versus closed session as related to the City Manager position, including specific cash payout amounts upon retirement;

- Detailed information, specific dollar amounts, a nd financial impacts related to employment and separation agreements (if any), compensation, benefits, vacation, sick time and cash payout policies, retirement benefits and provisions, CalPERS policies, PARS policies, City policies, and any other related financial matters related to the current City Manager’s employment and pending retirement from the City of Cerritos, inclusive of timelines and specific payout amounts;

- City policies as related to the priority given to internal City candidates versus external candidates for promotional opportunities;

- Detailed information related to the financial impacts to the City and current City Manager of any Citywide salary increases awarded prior to his June 30, 2023 retirement;

- Information on “caps” on vacation, sick leave, benefits, and other financial matters, as related to the City Manager position;

- Detailed information on Cerritos City Charter sections, which apply to the City Manager position;

- Policies for use of accrued vacation and sick time by the current City Manager; and

- Information on internal transition plan, should the current City Manager elect to use longer term (two weeks or more) accrued vacation and/or sick time, prior to his projected June 30, 2023 retirement date (COUNCIL).

City of Cerritos Thursday, December 8, 2022, 7:00 p.m.

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9. New and Old Business (continued)

9C. (continued)

The motion carried (3 – 2) as follows:

AYES: Johnson, Yokoyama, Vo
NOES: Solanki, Barrows
ABSENT: None
ABSTAIN: None

MAIN MOTION FAILS DUE TO AFFIRMATIVE VOTE ON SUBSTITUTE MOTION: The motion made by Solanki, and seconded by Barrows, to direct staff to provide an agenda report to the City Council with information and costs related to retaining a professional recruiting service for the purpose of selection of a new City Manager failed due to affirmative vote on substitute motion (COUNCIL).

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, and Mayor Vo.

12. Closed Session

The City Council did not recess to Closed Session and no items listed on the Closed Session agenda were discussed.

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

City of Cerritos Thursday, December 8, 2022, 7:00 p.m.

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13. Adjournment

The meeting adjourned at 10:08 p.m.

/s/ Vida Barone
Vida Barone
City Clerk/Agency Secretary/Authority Secretary
ATTEST:

/s/ Chuong Vo _______
Chuong Vo
Mayor/Agency Chair/Authority Chair

APPROVED: January 12, 2023

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