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Minutes

Cerritos City Council
June 22, 2023

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Minutes
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June 22, 2023
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Cerritos City Council
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Text extracted from the city's file for reading and search. Open the original on cerritos.granicus.com. That file is the official record.

MINUTES OF A REGULAR MEETING OF THE CERRITOS CITY COUNCIL AND THE

SUCCESSOR AGENCY TO THE CERRITOS REDEVELOPMENT AGENCY HELD THURSDAY, JUNE 22, 2023, 7:00 P.M., IN THE MAJESTIC ROOM AT THE CERRITOS SENIOR CENTER AT PAT NIXON PARK, 12340 SOUTH STREET, 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 Juno Smalley, New Life Community Church.

3. Pledge of Allegiance

The Pledge of Allegiance was led by Youth Striders Track and Field.

4. Roll Call

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

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

5. Presentations/Appointments

5A. Presentations

Proclamations were made by the City Council honoring:

C2 Education (Business Spotlight).

Gail Grossman (Recognition of Service as City of Cerritos Commissioner and C ommittee member and long-time community volunteer activities).

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

There were no public comments received on this item and no action was taken.

6. Public Comments and Suggestions

The Mayor opened the public comments period.

Morris Barahona requested the City provide access to automated external defibrillator (AED) devices for public use at City facilities in the event of emergencies that occur after business hours.

Bob Quinlan expressed concerns regarding his interactions with the City over several years.

Vicky Kirkwood expressed concerns that the City of Cerritos does not commemorate the federally recognized Juneteenth holiday.

Cesar Muniz expressed support to name a Cerritos p ark in hono r of City Manager Art Gallucci and his years of service to the City.

City of Cerritos Thursday, June 22, 2023, 7:00 p.m.

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6. Public Comments and Suggestions (continued)

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

Pursuant to City Council consensus, Item 9E was heard at this juncture of the meeting. The detail for Item 9E is listed in the appropriate section below.

7. Consent Calendar

7A. Approval of Minutes

Monday, June 12, 2023, 7:00 p.m. City Council/Successor Agency Special Meeting Minutes (COUNCIL/SUCCESSOR AGENCY).

MOTION: It was moved by Vo, and seconded by Yokoyama, to approve the Monday, June 12, 2023, 7:00 p.m. City Council/Successor Agency Special Meeting Minutes (COUNCIL/SUCCESSOR AGENCY).

The motion carried (5 – 0) as follows:

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

7B. Approval of the Register of Demands

7B.1. Register of Demands for the City of Cerritos dated June 22, 2023 (COUNCIL).

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

City of Cerritos June 22, 2023 $ 4, 765,353.46 (COUNCIL)

The motion carried (5 – 0) as follows:

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

7C. Continuance of the existence of a local emergency concerning a gasoline leak from a privately owned existing pipeline on the Cerritos Iron-Wood Nine public golf course, and potential threat to the safety of persons and property requiring remediation, repair, and improvement of the public golf course and other City-owned public property, as specified (COUNCIL).

MOTION: It was moved by Vo, and seconded by Yokoyama, to:

1. Make the findings set forth in Sections one (1) through eight (8) of Resolution No. 2023-05, and incorporate by reference those findings, as they relate to the continued existence of a local emergency as specified; and

2. Direct staff to provide a report to the City Council regarding the local emergency at least once every sixty (60) days, pursuant to Section 8630(c) of the California Government Code, until the City Council terminates the local emergency (COUNCIL).

City of Cerritos Thursday, June 22, 2023, 7:00 p.m.

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7. Consent Calendar (continued)

7C. (continued)

The motion carried (5 – 0) as follows:

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

7D. Waive full reading of and adopt A RESOLUTION OF THE CITY COU NCIL OF THE CITY OF

CERRITOS ADOPTING THE CERRITOS ELECTRIC UTILITY WILDFIRE MITIGATION PLAN (COUNCIL).

MOTION: It was moved by Vo, and seconded by Yokoyama, to waive full reading of and adopt Resolution No. 2023-25, A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF CERRITOS ADOPTING THE CERRITOS ELECTRIC UTILITY WILDFIRE MITIGATION PLAN (COUNCIL).

The motion carried (5 - 0) as follows:

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

8. Public Hearings

8A. Review and consideration to waive full reading of and adopt A JOINT RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF CERRITOS AND THE SUCCESSOR AGENCY TO THE

CERRITOS REDEVELOPMENT AGENCY, APPROVING AND ADOPTING THE ANNUAL COMBINED FINANCIAL PROGRAM FOR FISCAL YE AR 2023-2024, APPROPRIATING THE

FUNDS NECESSARY TO MEET THE EXPENDITURES SET FORTH THEREIN, AND APPROVING

THE PAY SCHEDULES FOR PERSONNEL EXPENSES AS SET FORTH IN THE EMPLOYEE CLASSIFICATION TABLES AND CLASSIFICATION STEPS (COUNCIL/SUCCESSOR AGENCY).

Review and consideration to waive full reading of and adopt A JOINT RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF CERRITOS AND THE SUCCESSOR AGENCY TO THE

CERRITOS REDEVELOPMENT AGENCY, APPROVING AND ADOPTING THE ANNUAL INVESTMENT POLICY FOR FISCAL YEAR 2023-2024 (COUNCIL/SUCCESSOR AGENCY).

A staff report was given by Peter Kemp, Budget Manager. A PowerPoint presentation was distributed with the agenda materials but not displayed during the meeting.

The Mayor opened the public hearing and the 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 Vo, and seconded by Solanki, to:

1. Receive and file Planning Commission Resolution No. PC 2023-18 finding that the Capital Improvement Program for Fiscal Year 2023-2024 is in conformity with the City of Cerritos General Plan; and

City of Cerritos Thursday, June 22, 2023, 7:00 p.m.

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8. Public Hearings (continued)

8A. (continued)

2. Waive full reading of and adopt Resolution No. 2023-26 and CSA Resolution No. 2023- 01, A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS

AND THE SUCCESSOR AGENCY TO THE CERRITOS REDEVELOPMENT AGENCY,

APPROVING AND ADOPTING THE ANNUAL COMBINED FINANCIAL PROGRAM FOR FISCAL YEAR 2023-2024, APPROPRIATING THE FUNDS NECESSARY TO

MEET THE EXPENDITURES SET FORTH THEREIN, AND APPROVING THE PAY

SCHEDULES FOR PERSONNEL EXPENSES AS SET FORTH IN THE EMPLOYEE

CLASSIFICATION TABLES AND CLASSIFICATION STEPS (COUNCIL/SUCCESSOR AGENCY), inclusive of:

a. Excluding approval of funds listed under Cost Center Code 451, as this Cost Center is the source for funds that would be for Police and Safety Services contracted through the Sheriff's Department; and

b. Incorporating budget modifications 1 through 8, as detailed in the official agenda report for this item, into the enacting resolution and the final adopted Fiscal Year 2023-24 Combined Financial Program (City Budget) document, memorialized as follows:

OPERATING EXPENDITURES

1. Community Participation funding to the Cerritos Regional Chamber of Commerce (Chamber) shall remain at $62,000 in FY 2023 -24, contingent upon the Chamber providing a business plan by the first City Council meeting in August 2023. Failure to provide said business plan will result in a reduction of funding from $62,000 to $40,000. (Budget Resolution)

Net Adjustment: $ 0

2. The Computer Software account in the Management Information Services Division shall be increased in FY 2023 -24 to provide funding for an online tee time reservation system at the Cerritos Iron-Wood Nine Golf Course. (Budget Resolution and Budget Document)

Net Adjustment: $ 3,400 (110-561-63110, Computer Software)

3. Personnel expenditures in the City Clerk/City Treasurer Division and the Budgeted Positions pages shall be modified in FY 2023 -24 to reflect the reclassification of the Assistant City Clerk position (Grade 43) to a Manager position (Grade 58), the elimination of a proposed second Deputy City Clerk position (Grade 37), and a reduction in prop osed Overtime expenditures. (Budget Resolution and Budget Document)

Net Adjustment: $ (44,929) (110-141-51010, Regular Earnings) $ (41,335) (110- 141-52400, Employee Benefits)
$ (5,592) (110-141-51021, Overtime)

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City of Cerritos Thursday, June 22, 2023, 7:00 p.m.

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8. Public Hearings (continued)

8A. (continued)

4. Personnel expenditures in the Office of the Director, Public Works/Water & Power Division shall be modified in FY 2023-24 to reflect an increase in hours for the Part-Time Secretary/Receptioni st position. (Budget Resolution and Budget Document)

Net Adjustment: $ 20,314 (110-311-52010, Regular Earnings – Part Time) $ 3,657 (110-311-52400, Employee Benefits)

5. P ersonnel expenditures in the Engineering Division and the Budgeted Positions pages shall be modified in FY 2023-24 to reflect the addition of an Engineering Aide position. (Budget Resolution and Budget Document)

Net Adjustment: $ 64,368 (110-321-51010, Regular Earnings) $ 58,575 (110-321-52400, Employee Benefits)

6. The Professional Services account in the Theater Department - Performance Marketing and Sales Division shall be increased in FY 2023 -24 to provide funding for a marketing analysis contract with a consultant to examine the current Cerritos Center for the Performing Arts (CCPA) marketing and advertising practices and provide recommendations on updated best practices and strategies. (Budget Resolution and Budget Document)

Net Adjustment: $ 50,000 (110-631-61430, Professional Services)

CAPITAL IMPROVEMENT PROGRAM EXPENDITURES

7. The Public Safety Public Art Project (CIP project #22701) shall be modified in FY 2023-24 to reflect an increase in funding to cover the cost of compliance with applicable Americans with Disabilities Act (ADA) regulations and aesth etic upgrades. (Budget Resolution and Budget Document)

Net Adjustment: $ 76,565 (Art in Public Places Fund)

8. The CCPA Pro-Tower Safety Upgrade project (CIP project # 23201) shall be decreased in FY 2023 -24 to reflect the merging of the project phas es and budgets for FY 2022-23 and 2023-24. With the project now set to be completed in a single phase during FY 2022-23, the budget allocation for FY 2023-24 is no longer required. (Budget Resolution and Budget Document)

Net Adjustment: $ (250,000) (CCPA Endowment Fund)

; and

3. Waive full reading of and adopt Resolution No. 2023-27 and CSA Resolution No. 2023-02, A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CERRITOS AND THE SUCCESSOR AGENCY TO THE CERRITOS REDEVELOPMENT

AGENCY, APPROVING AND ADOPTING THE ANNUAL INVESTMENT POLICY FOR FISCAL YEAR 2023-2024 (COUNCIL/SUCCESSOR AGENCY).

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8. Public Hearings (continued)

8A. (continued)

The motion carried (4 – 1) as follows:

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

Council/Agency member Johnson recused herself at this juncture of the meeting and did not participate in discussion, deliberation, or votes for the remainder of this agenda item.

She left her seat at the dais and exited the City Council Chamber.

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

1. Approve the funds listed under Cost Center Code 451 (Community & Safety Services) as described and detailed in the Fiscal Year 2023 -24 Preliminary Fi nancial Program , incorporating them into Resolution No. 2023-26 and CSA Resolution No. 2023-01 and into the final adopted Fiscal Year 2023-24 Combined Financial Program (City Budget) document (COUNCIL/SUCCESSOR AGENCY).

The motion carried (4 – 0 – 1 - 0) as follows:

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

This concluded all action taken on Item 8A.

Council/Agency member Johnson returned to the meeting at this juncture and resumed her seat on the dais.

9. New and Old Business

9A. Review and consideration to waive full reading of and adopt A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF CERRITOS APPROVING AND ADOPTING THE ANNUAL APPROPRIATION LIMIT FOR FISCAL YEAR 2023-2024 (COUNCIL).

A staff report was given by Peter Kemp, Budget Manager.

The Mayor ope ned 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 Solanki, and seconded by Yokoyama, to waive full reading of and adopt Resolution No. 2023-28, A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF CERRITOS APPROVING AND ADOPTING THE ANNUAL APPROPRIATION LIMIT FOR FISCAL YEAR 2023-2024 (COUNCIL).

The motion carried (5 – 0) as follows:

AYES: Johnson, Vo, Yokoyama, Solanki, Barrows
NOES: None
ABSENT: None
ABSTAIN: None
City of Cerritos Thursday, June 22, 2023, 7:00 p.m.

City Council/Successor Agency Regular Meeting Page 7 of 11

9. New and Old Business (continued)

9B. Review and consideration to waive full reading of and adopt A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF CERRITOS ADOPTING A LIST OF PROJECTS TO BE FUNDED BY SENATE BILL 1: ROAD REPAIR AND ACCOUNTABILITY ACT FUNDS, FOR FISCAL YEAR 2023- 2024 (COUNCIL).

A staff report was given by Natalie Equihua, Accountant.

The Mayor ope ned 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 Vo, and seconded by Solanki, to waive full reading of and adopt Resolution No. 2023-29, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS ADOPTING A LIST OF PROJECTS TO BE FUNDED BY SENATE BILL 1:

ROAD REPAIR AND ACCOUNTABILITY ACT FUNDS, FOR FISCAL YEAR 2023-2024 (COUNCIL).

The motion carried (5 – 0) as follows:

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

9C. Review and consideration of award of contract for the preparation of a transit assessment of the City’s transportation services, RFP No. 1506-23 (COUNCIL).

A staff report was given by Sabrina Chan, Advance Planning Manager.

The Mayor ope ned 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 Solanki, and seconded by Barrows, to:

1. Award a professional services contract to Moore & Associates, Inc. in the amount of $70,384.50, for the preparation of the City’s Transit Assessment, RFP No. 1506-23; and

2. Authorize the City Manager or designee to execute any contracts, agreements, change orders, or amendments that may be necessary to complete the specified scope of work (COUNCIL).

The motion carried (5 – 0) as follows:

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

9D. Review and consideration of a request for City Council authorization to remediate and restore a City -owned affordable senior housing unit to its original condition utilizing restricted Housing Asset Funds, for the purpose of reselling the unit to a qualified buyer pursuant to California State Housing Law. The subject unit is located within the Emerald Villas community at 19411 Pearl Court, Unit K, Cerritos, California, 90703 (COUNCIL).

City of Cerritos Thursday, June 22, 2023, 7:00 p.m.

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9. New and Old Business (continued)

9D. (continued)

A staff report was given by Kristin Aguila, Director of Community Development. A PowerPoint presentation was displayed.

The Mayor ope ned 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 Vo, and seconded by Yokoyama, to:

1. Authorize the City Manager or designee to facilitate the following actions for an affordable senior housing unit located at 19411 Pearl Court, Unit K, Cerritos, CA 90703:

a. Appropriate Housing Asset Funds not to exceed $50,000 to remediate and restore the subject affordable senior housing unit;

b. Extend the applicable affordability and occupancy covenants to 2052; and

c. Re-sell the unit to a qualified moderate -income senior resident(s), in accordance with applicable State housing law (COUNCIL).

The motion carried (5 – 0) as follows:

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

9E. Review and consideration of an informationa l presentation by the Los Angeles County Metropolitan Transportation Authority (Metro) and authorizing the City of Cerritos to review and comment on the West Santa Ana Branch (WSAB) light-rail project (COUNCIL).

Pursuant to City Council consensus, Item 9E was heard earlier in the meeting (after Item 6). The detail for the item is provided below.

The item was introduced by Mayor Barrows. An informational presentation was given by representatives from the Los Angeles County Metropolitan Transportation Authority (Metro) including Deputy Chief Executive Officer Sharon Gookin, Senior Director Countywide Planning and Development Meghna Khanna, and Metro Board of Directors Member/Whittier City Councilmember Fernando Dutra.

Metro Board Member Dutra requested th e City Council place an item on their next scheduled meeting agenda to consider two (2) items related to the West Santa Ana Branch (WSAB) light-rail project, a master cooperative agreement to expedite future permitting and construction activities and authorization for the City Council to sign a letter to United States Secretary of Transportation Pete Buttigieg requesting $100 million in Federal funds for WSAB light-rail project development.

Metro Board Member Dutra submitted a document for the official re cord. (Documents submitted to the City Council at a public meeting a re considered public record. Public requests for copies of the full-text redacted written correspondence can be made during regular business hours to the Office of the City Clerk/Treasurer).

The Mayor opened the public comments period.

City of Cerritos Thursday, June 22, 2023, 7:00 p.m.

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9. New and Old Business (continued)

9E. (continued)

Nancy Pfeffer, Gateway Cities Council of Governments Executive Director, expressed the organization’s support for the WSAB light-rail project.

Eric Shen, ECO-Rapid Transit Executive Director, expressed the organization’s support for the WSAB light-rail project.

Dixie Primosch expressed concerns regarding the WSAB light-rail project, citing potential adverse traffic impacts on Studebaker Road and other areas of the City.

Al Barlevy expressed support for the proposed WSAB light-rail project.

Jose Fierro, Cerritos College President and Superintendent, expressed support for the WSAB light-rail project and requested the City Council’s concurrent support.

Norma Williamson expressed support for the WSAB light-rail project.

Joseph Sahli expressed support for the WSAB light-rail project.

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

MOTION (DIED DUE TO LACK OF A SECOND): The motion given by Johnson to schedule an agenda report to consider two (2) items requested by Metro as related to the West Santa Ana Branch (WSAB) light-rail project, a master cooperative agreement to expedite future permitting and construction activities and authorization for the City Council to sign a letter to United States Secretary of Transportation Pete Buttigieg requesting $100 million in Federal funds for WSAB light-rail project development died due to lack of a second.

MOTION: It was moved by Vo, and seconded by Solanki, to receive and file the report.

The motion carried (3 – 2) as follows:

AYES: Vo, Solanki, Barrows
NOES: Johnson, Yokoyama
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.

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City of Cerritos Thursday, June 22, 2023, 7:00 p.m.

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11. Reports

11A. Report from City Manager/Executive Director

A report announcing the City of Cerritos Let Freedom Ring Celebration on July 4, 2023, was given by Sherré Titus, Recreation Services Superintendent.

11B. City Council Communications/Committee Reports/Meeting Reports

Reports were given by Councilmember Johnson and Mayor Barrows.

CONSENSUS (Barrows): Directed the City Manager to schedule a City Council agenda report for consideration of referring review of the Denny Haskew sculpture, “Moulding our Future,” to the Fine Arts and Historical Commission for potential acquisition and inclusion in the Art in Public Places Program.

12. Closed Session

Bill Ihrke, City Attorney, announced the City Council would recess to Closed Session to discuss Items 12A through 12D, as listed on the Closed Session agenda.

12A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to California Government Code Section 54956.8 (COUNCIL) Property: 19403 Garnet Court, Unit D, Cerritos, CA 90703 Agency Negotiators: Art Gallucci, City Manager; Kristin Aguila, Director of Community Development; Bill Ihrke, City Attorney
Negotiating Parties: Barrett Daffin Frappier Treder & Weiss LLP, Trustee appointed under and pursuant to recorded deed of trust
Under Negotiation: Price and terms of payment

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

The City Council recessed to Closed Session.

CLOSED SESSION REPORT:

The City Council reconvened into Open Session.

Bill Ihrke, City Attorney, provided the following announcements concerning items considered in Closed Session:

Item 12A: The City Council discussed real property negotiations concerning the property listed under this item. The following reportable action was taken:

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12. Closed Session (continued)

CLOSED SESSION REPORT (continued):

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

1. Authorize the acquisition of the identified real property, 19403 Garnet Court, Unit D, Cerritos, CA 90703, with the substance of the terms and conditions for the acquisition as follows:

a. Buyer would be the City of Cerritos;
b. Seller would be the Holder of the Deed of Trust, which is administ ered by the Trustee: Barrett Daffin Frappier Treder & Weiss LLP, Trustee appointed under and pursuant to recorded deed of trust;
c. Price for acquisition will be in an amount to pay off the debt owed to the Holder of the Deed of Trust in the amount ident ified due on the date of sale, plus closing costs and other costs to vest title in the City of Cerritos; and d. The City’s restricted affordable housing funds would be used to acquire the unit, which then will be included in the inventory of the City’s affordable housing units available for sale to a moderate income househ old, as prescribed by state law (COUNCIL).

The motion carried (5 - 0) as follows:

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

The City Council did not call up Closed Session Items 12B, 12C, or 12D (City Manager, City Attorney and City Clerk/Treasurer performance evaluations) for discussion and there was no reportable action taken.

13. Adjournment

The meeting adjourned at 10:56 p.m.

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

/s/ Bruce W. Barrows
Bruce W. Barrows
Mayor/Agency Chair

APPROVED: July 17, 2023

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