MINUTES OF A REGULAR MEETING OF THE CERRITOS CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE CERRITOS REDEVELOPMENT AGENCY HELD THURSDAY, JANUARY 11, 2024, 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 Rory Corrigan, Church in Cerritos.
3. Pledge of Allegiance
The Pledge of Allegiance was led by Mayor/Chair Bruce W. Barrows.
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
None.
6. Public Comments and Suggestions
Vida Barone, City Clerk, provided the following disclaimer concerning written comments submitted for all agenda items: Written comments submitted by the deadline listed on the agenda are considered public record. Prior to the meeting, the Council/Agency members received full-text, unredacted copies of any written comments submitted for items listed on the agenda, including general public comments. Public requests for copies of the written comments submitted for this meeting can be made during regular business hours to the Office of the City Clerk/Treasurer.
The Mayor opened the public comments period.
Sam Desai inquired if the City Council received t he requested financial report from the Cerritos Regional Chamber of Commerce and expressed opposition to the renaming of Cerritos Park East.
Case Van der Linden expressed concern that a residential development may be contemplated at the intersection of Bloomfield Avenue and South Street and opposition to the renaming of Cerritos Park East.
Sherry Woods expressed opposition to the renaming of Cerritos Park East.
Seeing no further speakers, the Mayor declared the public comments period closed.
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7. Consent Calendar
7A. Approval of Minutes
Thursday, December 14, 2023, 7:00 p.m. City Council/Successor Agency Regular Meeting Minutes (COUNCIL/SUCCESSOR AGENCY).
MOTION: It was moved by Johnson, and seconded by Solanki, to approve the Thursday, December 14, 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
7B. Approval of Financial Reports
7B.1. Register of Demands for the City of Cerritos dated January 11, 2024 (COUNCIL).
MOTION: It was moved by Johnson, and seconded by Solanki, to approve the Register of Demands as follows:
City of Cerritos January 11, 2024 $5,016,364.58 (COUNCIL)
The motion carried (5 – 0) as follows:
AYES: Johnson, Vo, Yokoyama, Solanki, Barrows
NOES: None
ABSENT: None
ABSTAIN: None
7B.2. City Council/Successor Agency Treasurer's Reports for the period ending November 30, 2023 (COUNCIL/SUCCESSOR AGENCY).
MOTION: It was moved by Johnson, and seconded by Solanki, to approve the City Council/Successor Agency Treasurer’s Reports for the period ending November 30, 2023 (COUNCIL/SUCCESSOR AGENCY).
The motion carried (5 - 0) as follows:
AYES: Johnson, Vo, Yokoyama, Solanki, Barrows
NOES: None
ABSENT: None
ABSTAIN: None
7C. Award of contract for Citywide water feature maintenance and repair, RFP No. 1511 -23* (COUNCIL).
*Pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines, this project is categorically exempt from CEQA Review.
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7. Consent Calendar (continued)
7C. (continued)
MOTION: It was moved by Johnson, and seconded by Solanki, to:
1. 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 agenda report associated with this item;
2. Award a contract in the amount of $339,208.24 to Service First for Citywide water feature maintenance and repair (total bid), RFP No. 1511-23 for a one-year term, with provisions for four (4), one-year extensions; 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 (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 RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CERRITOS APPROVING AND CERTIFYING THE MITIGATED
NEGATIVE DECLARATION FOR THE DEL AMO BOULEVARD BRIDGE REPLACEMENT AND TRAFFIC SIGNAL ENHANCEMENT PROJECT* (COUNCIL).
*One Mitigated Negative Declaration was prepared in accordance with the California Environmental Quality Act (CEQA) for the above mentioned project.
A staff report was given by Dario Simoes, Acting Director of Public Works/City Engineer. A PowerPoint presentation was displayed. The City’s consultants, Alan Hyunh, Kimley-Horn, and Jazmine Estores, LSA, were in attendance.
The Mayor opened the public hearing and the public comments period.
MJ Van Melle, La Palma resident, expressed concern with the increase in traffic on Del Amo Boulevard and that the addition of lanes on the propo sed Del Amo Bridge Replacement project will further increase traffic in the area.
Case Van der Linden expressed concerns with subject project, including the potential inclusion of an above-ground Metro rail crossing, recent removal of rail materials , and drone activity.
Joan Pylman expressed support for a bridge replacement project that will accommodate the traffic loads that currently have negative impacts on the adjacent areas and inquired whether outreach efforts concerning the development and constructio n impacts of the subject project, and other projects in the area, have been conducted with impacted entities and neighborhoods.
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8. Public Hearings (continued)
8A. (continued)
Sam Desai expressed support for further public input and feedback opportunities on the subject project and suggested a p ublic survey process for renaming of the bridge , once constructed, is contemplated.
Seeing no further speakers, the Mayor declared the public comments period and public hearing closed.
MOTION: It was moved by Johnson, and seconded by Yokoyama, to waive full reading of and adopt RESOLUTION NO. 2024-01, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CERRITOS APPROVING AND CERTIFYING THE MITIGATED NEGATIVE
DECLARATION FOR THE DEL AMO BOULEVARD BRIDGE REPLACEME NT AND TRAFFIC SIGNAL ENHANCEMENT PROJECT (COUNCIL).
The motion carried (5 - 0) as follows:
AYES: Johnson, Vo, Yokoyama, Solanki, Barrows
NOES: None
ABSENT: None
ABSTAIN: None
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 AMENDING RESOLUTION NO. 2023 -13, REVISING ARTICLE 5, GENERAL COMPENSATION AND CLASSIFICATION, TO PROVIDE FOR CERTAIN
ADJUSTMENTS IN THE EMPLOYMENT SYSTEM AND THE PERSONNEL POLICIES, FOR FULL-
TIME NON-EXEMPT EMPLOYEES REPRESENTED BY THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME) LOCAL 619 (COUNCIL).
Review and consideration to waive full reading of and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS AMENDING RESOLUTION NO. 2023 -14, REVISING SECTION 4, PART-TIME TEMPORARY SALARY AND BENEFIT ADMINISTRATION POLICIES, TO
PROVIDE FOR CERTAIN ADJUSTMENTS IN THE EMPLOYMENT SYSTEM AND THE PERSONNEL
POLICIES, FOR ALL PART-TIME TEMPORARY EMPLOYEES, INCLUDING TEMPORARY PART-
TIME EMPLOYEES REPRESENTED BY THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME) LOCAL 619 (COUNCIL).
Review and consideration to waive full reading of and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS AMENDING RESOLUTION NO. 2023 -15, REVISING SECTION 4, PART -TIME CONFIDENTIAL TEMPORARY SALARY AND BENEFIT ADMINISTRATION POLICIES, AND SECTION 7, GENERAL SALARY SCHEDULE, TO PROVIDE
FOR CERTAIN ADJUSTMENTS IN THE EMPLOYMENT SYSTEM AND THE PERSONNE L
POLICIES, FOR FULL-TIME EXEMPT EMPLOYEES, FULL-TIME CONFIDENTIAL EMPLOYEES, AND PART-TIME CONFIDENTIAL EMPLOYEES (COUNCIL).
A staff report was given by Patricia Leyva, Personnel/Risk Manager.
The Mayor opened the public comments period.
Sam Desai ex pressed support for the performance of City of Cerritos employees and requested that the City Council continue to support all City staff.
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9. New and Old Business (continued)
9A. (continued)
Gail and Marty Grossman expressed opposition to cost of living adjustments for the City Council.
Seeing no further speakers, the Mayor declared the public comments period closed.
MAIN MOTION (HELD PENDING): It was moved by Vo, and seconded by Solanki, to:
1. Waive full reading of and adopt Resolution No. 2024-02, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS AMENDING RESOLUTION NO. 2023- 13, REVISING ARTICLE 5, GENERAL COMPENSATION AND CLASSIFICATION, TO
PROVIDE FOR CERTAIN ADJUSTMENTS IN THE EMPLOYMENT SYSTEM AND THE
PERSONNEL POLICIES, FOR FULL -TIME NON -EXEMPT EMPLOYEES
REPRESENTED BY THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME) LOCAL 619 (COUNCIL);
2. Waive full reading of and adopt Resolution No. 2024-03, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS AMENDING RESOLUTION NO. 2023- 14, REVISING SECTION 4, PART -TIME TEMPORARY SALARY AND BENEFIT
ADMINISTRATION POLICIES, TO PROVIDE FOR CERTAIN ADJUSTMENTS IN
THE EMPLOYMENT SYSTEM AND THE PERSONNEL POLICIES, FOR ALL PART -
TIME TEMPORARY EMPLOYEES, INCLUDING TEMPORARY PART -TIME
EMPLOYEES REPRESENTED BY THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME) LOCAL 619 (COUNCIL); and
3. Waive full reading of and adopt Resolution No. 2024-04, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS AMENDING RESOLUTION NO. 2023- 15, REVISING SECTION 4, PART -TIME CONFIDENTIAL TEMPORARY SALARY AND BENEFIT ADMINISTRATION POLICIES, AND SECTION 7, GENERAL SALARY
SCHEDULE, TO PROVIDE FOR CERTAIN ADJUSTMENTS IN THE EMPLOYMENT
SYSTEM AND THE PERSONNEL POLICIES, FOR FULL-TIME EXEMPT EMPLOYEES,
FULL-TIME CONFIDENTIAL EMPLOYEES, AND PART -TIME CONFIDENTIAL EMPLOYEES (COUNCIL), excluding compensation changes for members of the City Council.
SUBSTITUTE MOTION (MOTION PASSED): It was moved by Yokoyama, and seconded by Johnson, to:
1. Waive full reading of and adopt Resolution No. 2024-02, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS AMENDING RESOLUTION NO. 2023- 13, REVISING ARTICLE 5, GENERAL COMPENSATION AND CLASSIFICATION, TO
PROVIDE FOR CERTAIN ADJUSTMENTS IN THE EMPLOYMENT SYSTEM AND THE
PERSONNEL POLICIES, FOR FULL -TIME NON -EXEMPT EMPLOYEES
REPRESENTED BY THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME) LOCAL 619 (COUNCIL);
2. Waive full reading of and adopt Resolution No. 2024-03, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS AMENDING RESOLUTION NO. 2023- 14, REVISING SECTION 4, PART -TIME TEMPORARY SALARY AND BENEFIT
ADMINISTRATION POLICIES, TO PROVIDE FOR CERTAIN ADJUSTMENTS IN
THE EMPLOYMENT SYSTEM AND THE PERSONNEL POLICIES, FOR ALL PART-
TIME TEMPORARY EMPLOYEES, INCLUDING TEMPORARY PART -TIME
EMPLOYEES REPRESENTED BY THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME) LOCAL 619 (COUNCIL); and City of Cerritos Thursday, January 11, 2024, 7:00 p.m.
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9. New and Old Business (continued)
9A. (continued)
3. Waive full reading of and adopt Resolution No. 2024-04, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS AMENDING RESOLUTION NO. 2023- 15, REVISING SECTION 4, PART -TIME CONFIDENTIAL TEMPORARY SALARY AND BENEFIT ADMINISTRATION POLICIES, AND SECTION 7, GENERAL SALARY
SCHEDULE, TO PROVIDE FOR CERTAIN ADJUSTMENTS IN THE EMPLOYMENT
SYSTEM AND THE PERSONNEL POLICIES, FOR FULL-TIME EXEMPT EMPLOYEES,
FULL-TIME CONFIDENTIAL EMPLOYEES, AND PART -TIME CONFIDENTIAL EMPLOYEES (COUNCIL).
The motion carried (3 - 2) as follows:
AYES: Johnson, Yokoyama, Barrows
NOES: Vo, Solanki
ABSENT: None
ABSTAIN: None
The main motion that was held pending died due to final action taken on the substitute motion.
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
Robert A. Lopez, City Manager, reported that a memorandum was transmitted to the City Council in December, inclusive of the City’s Annual Comprehensive Financial Report and noted a formal agenda report will be presented to the City Council at an upcoming meeting.
11B. City Council Communications/Committee Reports/Meeting Reports
Reports were given by Councilmembers Johnson, Vo, and Yokoyama, Mayor Pro Tem Solanki, and Mayor Barrows.
CONSENSUS (Barrows): Directed the City Manager to closely monitor draft legislation proposed by Southern California Association of Governments (SCAG) which would amend the California Regional Housing Needs Allocation (RHNA) process, including collaborating with SCAG, Assemblymember Sharon Quirk-Silva, and other applicable entities.
12. Closed Session
Bill Ihrke, City Attorney, announced the City Council would recess to Closed Session to discuss Item 12C, as listed on the Closed Session agenda. Items 12A and 12B would not be considered as labor negotiations had concluded and the City Council had taken final action during the open session section of the meeting under Agenda Item 9A.
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12. Closed Session (continued)
12A. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6 (COUNCIL) Agency Negotiators: Robert A. Lopez, City Manager, Bill Ihrke, City Attorney, and Patricia Leyva, Personnel/Risk Manager
Employee Organization: AFSCME Local 619
12B. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6 (COUNCIL) Agency Negotiators: Robert A. Lopez, City Manager, Bill Ihrke, City Attorney, and Patricia Leyva, Personnel/Risk Manager
Unrepresented Employees: Full-Time Exempt
12C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to California Government Code Section 54956.9(d)(1) (COUNCIL) Name of Case: City of Whittier et al. v. Superior Court of the State of California, County of Los Angeles et al.
(Orange County Sup. Ct. Case No. 23STCP03579)
The City Council recessed into Closed Session.
The City Council reconvened into Open Session.
CLOSED SESSION REPORT:
Bill Ihrke, City Attorney, provided the following Closed Session report:
ITEM 12C:
The City Council received a status update on the case entitled City of Whittier et al. v.
Superior Court of Los Angeles County et al., Los Angeles County Superior Court case no. 23 STCP 03579, transferred to Orange County Superior Court with the same case number (“City of Whittier”). The complaint was filed by the City of Whittier and many other cities in Los Angeles County, including City of Cerritos as a Co-Plaintiff/Petitioner, challenging the Los Angeles County Superior Court’s recently adopted Misdemeanor and Felony Bail Schedules, with the case seeking declaratory and injunctive relief and/or writ of mandate to enjoin the implementation of the Bail Schedules. The substance of the case may be summarized as challenging what is commonly referred to a “zero-bail” or “no bail” system, and more specifically summarized as alleged in Paragraph 29 of th e Complaint:
“Defendants failed to satisfy their mandatory duties as to setting of bail” because the recently adopted Bail Schedules “impose a blanket lifting of whole swaths of categories from being bailable offenses, and requires only citation and releas e, or booking and release, as to blanket categories of offenses – with no detention or individualized evaluations or assessments of particular crimes or individuals.”
On December 11, 2023, the trial court denied the Plaintiffs’ Motion for a Preliminary Injunction and Granted Defendants’ Demurrer with leave to amend the Complaint. The trial court concluded, in part, that the City of Whittier case is related to another pending case relating to the Los Angeles County Superior Court Bail Schedules, Urquidi v. City of Los Angeles, L.A. Superior Court Case No. 22STCP04044 (“Urquidi”), and concluded that an appropriate remedy for the cities in the City of Whittier case is to intervene in the Urquidi case.
Based on the discussion by City Council and advice provided by the City’s special counsel, Jones & Mayer, in the City of Whittier case, the following actions were taken:
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12. Closed Session (continued)
CLOSED SESSION REPORT: (continued)
12C: (continued)
MOTION: It was moved by Barrows, and seconded by Solanki, to:
1. Authorize special counsel to move to intervene in the Urquidi case if the City of Whittier, as lead Plaintiff/Petitioner, seeks to intervene in that case;
2. Authorize special counsel to seek to have the City of Whittier case found related to the Urquidi case and to have the cases either consolidated or coordinated, if the City of Whittier, as lead Plaintiff/Petitioner, seeks such a finding and consolidation or coordination of cases;
3. Authorize special counsel to file an amended complaint in the City of Whittier case if the City of Whittier, as lead Plaintiff/Petitioner, files an amended complaint;
4. Authorize special counsel to seek an appeal of the trial court’s ruling in the City of Whittier case, if the City of Whittier, as lead Plaintiff/Petitioner, seeks such an appeal (COUNCIL).
The motion carried (5 - 0) as follows:
AYES: Johnson, Vo, Yokoyama, Solanki, Barrows
NOES: None
ABSENT: None
ABSTAIN: None
13. Adjournment
The meeting adjourned at 9:25 p.m.
_/s/ Vida Barone________________
Vida Barone
City Clerk/Agency Secretary
ATTEST:
/s/ Bruce W. Barrows
Bruce W. Barrows
Mayor/Agency Chair
APPROVED: January 25, 2024