MINUTES OF A REGULAR MEETING OF THE CERRITOS CITY COUNCIL AND THE
SUCCESSOR AGENCY TO THE CERRITOS REDEVELOPMENT AGENCY HELD THURSDAY, AUGUST 24, 2023, 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 Ryan Klement, Associate Pastor, New Life Community Church.
3. Pledge of Allegiance
The Pledge of Allegiance was led by Bryant Ju, Cerritos resident selected to be part of the 12 and under USA National Team – Baseball World Cup.
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 Aurelio Yokoyama
Mayor Pro Tem/Vice Chair Naresh Solanki
Mayor/Chair Bruce W. Barrows
5. Presentations/Appointments
5A. Presentations
P roclamations were made by the City Council honoring:
Pro Care Physical Therapy (Business Spotlight).
Bryant Ju (Cerritos resident selected to be part of the 12 and under USA National Team – Baseball World Cup).
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 declared the public comments period closed.
There was no action taken on this item.
6. Public Comments and Suggestions
The Mayor opened the public comments period.
In-Person Public Comments:
Katarina Thompson requested traffic calming measures in the Pine Creek/Canyon Road area of the Granada Park Cerritos development.
Samar Malouf requested traffic calming measures in the Pine Creek/Canyon Road area of the Granada Park Cerritos development.
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6. Public Comments and Suggestions (continued)
CONSENSUS (Barrows): Directed the City Manager to provide a report to the City Council regarding implementation of traffic calming measures in the Pine Creek/Canyon Road area of the Granada Park Cerritos development and to increase traffic enforcement in the subject area.
Paki Mat commented on various aspects of his personal beliefs.
Paul Bellenbaum commented on various aspects of his experience in the Cerritos community.
Written Correspondence:
(Written correspondence submitted by the deadline listed on the agenda is considered public record. Prior to the meeting, the Council/Agency received copies of the full -text unredacted written correspondence which was submitted for this item. 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).
Katarina and Alfred Thompson and Samar and Stephanie Malouf requested traffic calming measures in the Pine Creek/Canyon Road area of the Granada Park Cerritos development.
Andres Martinez Pais provided information on the California Mortgage Relief Program and offered his assistance to the City with regard to the program.
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
Thursday, August 10, 2023, 7:00 p.m. City Council/Successor Agency Regular Meeting Minutes (COUNCIL/SUCCESSOR AGENCY).
MOTION: It was moved by Solanki, and seconded by Vo, to approve the Thursday, August 10, 2023, 7:00 p.m. City Council/Successor Agency Regular Meeting Minutes (COUNCIL/SUCCESSOR AGENCY).
The motion carried (5 – 0) as follows:
AYES: Johnson, Vo, Yokoyama, Solanki, Barrows
NOES: None
ABSENT: None
ABSTAIN: None
Monday, August 14, 2023, 8:30 a.m. City Council Special Meeting Minutes (COUNCIL).
MOTION: It was moved by Solanki, and seconded by Vo, to approve the Monday, August 14, 2023, 8:30 a.m. City Council Special Meeting Minutes (COUNCIL).
The motion carried (5 – 0) as follows:
AYES: Johnson, Vo, Yokoyama, Solanki, Barrows
NOES: None
ABSENT: None
ABSTAIN: None
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7. Consent Calendar (continued)
7B. Approval of Register of Demands
7B.1. Register of Demands for the City of Cerritos dated August 24, 2023 (COUNCIL).
MOTION: It was moved by Solanki, and seconded by Vo, to approve the Register of Demands as follows:
City of Cerritos August 24, 2023 $5, 204,136.85 (COUNCIL)
The motion carried (5 – 0) as follows:
AYES: Johnson, Vo, Yokoyama, Solanki, Barrows
NOES: None
ABSENT: None
ABSTAIN: None
8. Public Hearings
None.
9. New and Old Business
9A. Review and consideration of renaming the Cerritos Library’s study rooms (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 declared the public comments period closed.
MOTION: It was moved by Vo, and seconded by Johnson, to direct staff to:
1. Submit a budget amendment to increase the Professional Services account in the Municipal Library cost center (110-571-61430) in the Fiscal Year 2023-2024 Combined Financial Program by $4,014.10 to cover the costs for new Study Room name signs and an online survey project; and
2. Post an online survey for the community to vote for up to three (3) names of women, including the list of women and biographical information presented in the agenda report associated with this item; and
3. Promote the opportunity to vote for Study Room names through a poster displayed in the library, on the library’s video wall, on the City’s social media channels, in the City’s newsletter, and on Cerritos TV3; and
4. Report back to the City Council with the results of the vote with a recommendation to rename three (3) Study Rooms after the top three (3) vote-getters; and
5. Conduct a drawing at the City Council meeting to randomly select the three (3) Study Room men’s names to be replaced; and
6. Award a contract to TFN Architectural Signage for the fabrication and installation of the new Study Room signs at an estimated cost of $3,546.10 (COUNCIL).
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9. New and Old Business (continued)
9A. (continued)
The motion carried (5 – 0) as follows:
AYES: Johnson, Vo, Yokoyama, Solanki, Barrows
NOES: None
ABSENT: None
ABSTAIN: None
9B. Review and consideration of the proposed 2024 City Council/Successor Agency meeting schedule (COUNCIL/SUCCESSOR AGENCY).
A staff report was given by Vida Barone, City Clerk/Treasurer. 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 Solanki, to approve the 2024 Council/Agency meeting schedule, as presented in the associated agenda report, inclusive of the following additional Council/Agency-directed adjustments due to date conflicts with City-related business conferences:
1. Schedule a Wednesday, April 10, 2024 City Council/Successor Agency Special Meeting for the purpose of conducting the Annual Mayoral Transition (Reorganization); and
2. Cancel the Thursday, April 25, 2024, 7:00 p.m. City Council/Successor Agency Regular Meeting and schedule a Monday, April 29, 20
24, 7:00 p.m. City Council/Successor
Agency Special Meeting in its place; and
3. Cancel the Thursday, November 14, 2024, 7:00 p.m. City Council/Successor Agency Regular Meeting and schedule a Monday, November 4, 2024, 7:00 p.m. City Council/Successor Agency Special Meeting in its place (COUNCIL/ SUCCESSOR AGENCY).
The motion carried (4 – 1) as follows:
AYES: Johnson, Vo, Solanki, Barrows
NOES: 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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11. Reports
11A. Report from City Manager/Executive Director
None.
11B. City Council Communications/Committee Reports/Meeting Reports
Reports were given by Councilmembers Vo and Johnson.
12. Closed Session
Bill Ihrke, City Attorney, announced the City Council would recess to Closed Session to discuss the items as listed on the Closed Session agenda.
12A. PUBLIC EMPLOYMENT
Pursuant to California Government Code Section 54957(b) (COUNCIL) Title: Position of City Manager
12B. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to California Government Code Section 54957(b) (COUNCIL) Title: City Manager
12C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to California Government Code Section 54956.9(d)(1) Name of Case: City of Cerritos v. Los Angeles County Metropolitan Transportation Authority (Los Angeles Sup. Ct. Case No. 22STCP04277) (COUNCIL)
12D. CONFERENCE WITH LEGAL COUNCIL - EXISTING LITIGATION Pursuant to California Government Code Section 54956.9(d)(1) Name of Case: Orange County Council of Governments et al. v. Velasquez et al. (Court of Appeal Case No. B317856; Los Angeles Sup. Ct. Case No. 21STCP01970) (COUNCIL)
12E. 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 (Court of Appeal Case No.
B327413; Los Angeles Sup. Ct. Case No. 22STCV33737) (COUNCIL)
12F. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to California Government Code Section 54957 (COUNCIL) Title: City Manager
12G. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to California Government Code Section 54957 (COUNCIL) Title: City Attorney
12H. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to California Government Code Section 54957 (COUNCIL) Title: City Clerk/Treasurer
The City Council recessed to Closed Session.
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12. Closed Session (continued)
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 Nos. 12A and 12B: The City Council co ntinued its deliberations as part of the City Manager recruiting process, and no reportable action was taken on either of these two items.
Item 12C: The following action was reported:
MOTION: It was moved by Johnson, and seconded by Solanki, to:
1. A uthorize the City’s special counsel, Colantuono Highsmith & Whatley (Special Counsel), and the City Attorney to negotiate a settlement agreement that would include a Memorandum of Understanding (MOU) covering specified covenants between Los Angeles County Metropolitan Transportation Authority (Metro) and the City relating to the expansion of Metro’s West Santa Ana Branch rail line into Cerritos, and authorizing the Mayor to sign the MOU if a signed MOU from Metro inclu ded those specified covenants. Because Cerritos did not have a final or signed MOU from Metro at that time, this item was not required to be reported out at the August 10, 2023 meeting, as negotiations on the settlement of the case were still pending.
On August 24, 2023, Special C ounsel and the City Attorney’s Office received from Metro a signed Settlement Agreement and MOU from Metro, and the MOU includes the specified covenants between Metro and the City relating to the expansion of the West Santa Ana Branch rail line into Cerritos. Therefore, pursuant to the City Council’s prior action, the City and Metro have reached a settlement of this case by City Council’s approval of the signed MOU and Settlement Agreement.
The substance of the settlement may be summarized as follows: (1) per the M OU, Metro covenants to work with the City on a future study, budget, parking requirements, and other specified covenants set forth in the MOU relating to a potential future station located in Cerritos in the vicinity of 183rd Street and Gridley Road; and (2) the City agrees to dismiss with prejudice this existing litigation, brought against Metro for alleged violations of the Public Records Act, with no party having to pay any monetary contribution to the other, each party agreeing to cover their own litigation costs, neither party admitting any liability or fault, and other standard terms and conditions for settlement (COUNCIL).
The motion carried (4 – 0 – 1 - 0) as follows:
AYES: Johnson, Vo, Solanki, Barrows
NOES: None
ABSENT: Yokoyama
ABSTAIN: None
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12. Closed Session (continued)
CLOSED SESSION REPORT (continued):
Item 12D: The following action was reported:
MOTION: It was moved by Barrows, and seconded by Solanki, to:
1. A uthorize seeking an appeal by filing a petition for review in the California Supreme Court of the recent opinion issued by the S econd District Court of Appeal. This case may be summarized as follows: The petition for writ of mandate was brought by Orange County Council of Governmen ts (OCCOG) and several Southern California cities, including Cerritos. The writ of mandate sought to set aside the Regional Housing Needs Assessment (RHNA) allocation of 1,341,827 dwelling units, as determined by the State Department of Housing and Communi ty Development (HCD), for the Southern California Association of Governments (SCAG) region, change input data, and re-calculate the SCAG regional housing need. The trial court sustained demurrers filed by HCD and SCAG, which argued that judicial review is not available under the RHNA process. Sustaining the demurrers effectively dismissed the petition, and judgment was entered in favor of HCD and SCAG, and against the petitioners. OCCOG and the several cities, including Cerritos, per prior City Council authorization, noticed an appeal of this trial court ruling. The Court of Appeal recently filed an opinion, affirming the trial court’s decision.
By the action taken by the City Council tonight, Cerritos will continue to be a co - appellant to the lawsuit and has authorized Special Counsel, Aleshire & Wynder LLP, to file a petition for review of the Court of Appeal opinion (COUNCIL).
The motion carried (5 - 0) as follows:
AYES: Johnson, Vo, Yokoyama, Solanki, Barrows
NOES: None
ABSENT: None
ABSTAIN: None
Item 12E: The City Council was updated on the status of the appeal for this case and no reportable action was taken on this item.
The City Council did not call up Closed Session Items 12F, 12G, or 12H (City Manager, City Attorney and City Clerk/Treasurer performance evaluations) for discussion and there was no reportable action taken on these Items.
13. Adjournment
The meeting adjourned at 10:11 p.m.
/s/Vida Barone
Vida Barone
City Clerk/Agency Secretary
ATTEST:
/s/Bruce W. Barrows
Bruce W. Barrows
Mayor/Agency Chair
APPROVED: September 14, 2023