City Council

City of Westminster 8200 Westminster Boulevard Westminster, California 92683 Agenda Wednesday, October 28, 2015 7:00 PM Closed Session - 6:00 PM (Council Conference Room) Council Chambers City Council TRI TA, Mayor SERGIO CONTRERAS, Mayor Pro Tem DIANA LEE CAREY, Council Member TYLER DIEP, Council Member MARGIE L. RICE, Council Member City Council Agenda October 28, 2015 PUBLIC COMMENTS MAY BE RECEIVED BY THE CITY COUNCIL PRIOR TO ANY ITEM TO BE CONSIDERED IN CLOSED SESSION. CALL TO ORDER: ROLL CALL: CLOSED SESSION: The City Council will recess to a Closed Session for the following purposes: 1)Conference with Legal Counsel pursuant to Government Code Section 54956.9(a); Existing Litigation: (one case) Case No. SACV11-00278 (Jose Flores, et al. v City of Westminster, et al.). 2)Conference with Legal Counsel pursuant to Government Code Section 54956.9(a); Existing Litigation: (one case) Case No. 30-2015-00801309 (Westminster Caregivers, Inc. v City of Westminster, et al). 3)Conference with Legal Counsel pursuant to Government Code Section 54956.9(a); Existing Litigation: (one case) Case No. 30-2015-00793765 (West Meds v City of Westminster, et al). 4)Conference with Legal Counsel pursuant to Government Code Section 54956.9(a); Existing Litigation: (one case) Case No. 30-2015-00803461 (West Grove Gardens v City of Westminster, et al). RECESS: City of Westminster Page 2 Printed on 10/28/2015 City Council Agenda October 28, 2015 The City Council of the City of Westminster will regularly convene in joint session for the purpose of considering the following City Council Agenda items. The Westminster Housing Authority and the Westminster Public Finance Authority are also agencies on which council serves as members. These Agencies may also have items scheduled. RECONVENE CITY COUNCIL MEETING: ROLL CALL: SALUTE TO FLAG: Council Member Diep INVOCATION: REPORT OUT OF CLOSED SESSION: The City Attorney shall determine if any actions taken by the City Council in Closed Session shall require a reporting on those actions as required by law Government Code 54957.1(a)(3)(b)). REPORT FROM CITY CLERK: 1. SPECIAL PRESENTATIONS A) 15-246 State of the Golden West College by President Bryan. B) 15-223 Presentation of Proclamation declaring October 2015 as “Community Planning Month” in the City of Westminster. Attachments: Proclamation 2. ORAL COMMUNICATIONS THIS IS THE TIME OF THE MEETING THAT MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL REGARDING ANY ITEMS ON THE AGENDA OR NON-AGENDA ITEMS THAT ARE WITHIN THE SUBJECT MATTER JURISDICTION, EXCEPT PUBLIC HEARING ITEMS. MEMBERS OF THE PUBLIC WISHING TO ADDRESS PUBLIC HEARING ITEMS SHALL DO SO AT THE TIME OF THE PUBLIC HEARING. UNLESS OTHERWISE EXTENDED BY A MAJORITY VOTE OF THE CITY COUNCIL, COMMENTS SHALL BE LIMITED TO FIVE (5) MINUTES PER SPEAKER. ANY PERSON WISHING TO ADDRESS THE CITY COUNCIL SHOULD COMPLETE A GREEN SPEAKER SLIP THAT IS PROVIDED AT THE ENTRANCE TO THE COUNCIL CHAMBERS AND SUBMIT THE CARD TO THE CITY CLERK. WHEN YOUR NAME IS CALLED, PLEASE STEP TO THE PODIUM AT THAT TIME AND STATE YOUR NAME AND CITY OF RESIDENCE FOR THE RECORD. City of Westminster Page 3 Printed on 10/28/2015 City Council Agenda October 28, 2015 3. CONSENT CALENDAR ALL MATTERS LISTED UNDER THE CONSENT CALENDAR ARE CONSIDERED ROUTINE AND MAY BE APPROVED BY A SINGLE MOTION FOLLOWED BY A ROLL CALL VOTE. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS MEMBERS OF THE CITY COUNCIL OR STAFF REQUEST THAT SPECIFIC ITEMS BE REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION OR DISCUSSION ROUTINE MATTERS 3.1. 15-221 Award of Contract for Citywide Residential Streets Improvement Project at Various Locations - Project No. CDBG 15-16. Recommendation: Staff recommends that the Mayor and City Council: A) Approve the award of contract to the lowest and responsive bidder in the amount of $236,331.00, to All American Asphalt, and that all other bids be rejected; and B) Authorize a 10% contingency for potential change orders; and C) Authorize the City Manager to execute the contract on behalf of the City. Sponsors: Youssef Attachments: Attachments 1-3 3.2. 15-224 Award of Landscape Maintenance Contract and Related Services for the Civic Center, Police Building, Rose Center, Freedom Park, Chamber of Commerce- FY 2015-2016. Recommendation: Staff recommends that the Mayor and City Council: Approve and award the contract to the low qualified bidder, Landscape West Management Services, Inc., in the amount of $43,368.00, and that all other bids be rejected; and that the City Manager be authorized to execute the contract on behalf of the City. Sponsors: Youssef Attachments: Attachments 1-2 City of Westminster Page 4 Printed on 10/28/2015 City Council Agenda October 28, 2015 3.3. 15-225 Award of Landscape Maintenance Contract and Related Services for City Parks, Center Street Medians, Freeway Overpasses, and City-wide Arterial Weed Spraying at Various Locations - FY 2015-2016. Recommendation: Staff recommends that the Mayor and City Council: Approve and award the contract to the second lowest qualified bidder, Landscape West Management Services, Inc., in the amount of $341,815.40 and that all other bids be rejected; and that the City Manager be authorized to execute the contract on behalf of the City. Sponsors: Youssef Attachments: Agreement Contractor's Proposal 3.4. 15-226 Approval of Construction of a Civic Center Digital Marquee Sign; and Award of Contract Recommendation: Staff recommends that the Mayor and City Council: A) Approve the construction and installation of a Civic Center digital marquee sign; and B) Award the contract for fabrication and installation of the sign to Ad Art Sign Company for $59,677.00 Sponsors: Youssef Attachments: Attachments 1-2 3.5. 15-227 Purchase of Nine Police Patrol SUVs to Replace Nine Existing Police Patrol Sedans Recommendation: Staff recommends that the Mayor and City Council: Authorize a purchase order to Fairview Ford Sales, Inc. in the amount of $289,579.23 to purchase Nine Police Patrol SUVs. Sponsors: Youssef City of Westminster Page 5 Printed on 10/28/2015 City Council Agenda October 28, 2015 3.6. 15-229 Amendment to the Agreement with HdL for Upgrades to Business License Systems. Recommendation: Staff recommends that the Mayor and City Council: Approve the amendment to the agreement between HdL and the City of Westminster and authorize the City Manager to sign the agreement to include HdL’s new Prime Business License Software System, HdL’s NPDES Inspections System, and HdL’s Business Tax Compliance Service Sponsors: Rahbari Attachments: Amendment to Agreement City of Westminster Page 6 Printed on 10/28/2015 City Council Agenda October 28, 2015 RESOLUTIONS 3.7. 15-230 Investment Policy Update. Recommendation: Staff recommends that the Mayor/Chair and City Council/Agency Members: Adopt a resolution entitled, “A Resolution of the Mayor and City Council of the City of Westminster amending the Statement of Investment Policy.” Sponsors: Backs Attachments: Proposed Resolution with Exhibit A Redlined Version of Investment Policy City of Westminster Page 7 Printed on 10/28/2015 City Council Agenda October 28, 2015 3.8. 15-231 Addition of California Home Finance Authority as another finance provider to the City’s existing Property Assessed Clean Energy (PACE) program. Recommendation: Staff recommends that the Mayor and City Council: A) Review and adopt a Resolution entitled, “A Resolution of the City Council of the City of Westminster Authorizing the City to join YGRENE PACE PROGRAM, consenting to inclusion of properties within the City’s jurisdiction in the California Home Finance Authority Community Facilities District No. 2014-1 (Clean Energy) (Pursuant to SB 555) and approving associate membership in the joint exercise of powers authority related thereto”; and B) Review and adopt Resolution entitled, “A Resolution of the City Council of the City of Westminster Authorizing the City to join the YGRENE PACE PROGRAM, consenting to inclusion of properties within the City’s jurisdiction in the California Home Finance Authority Pace Program (Pursuant to AB 811) and approving associate membership in the joint exercise of powers authority related thereto”. Body BACKGROUND/DISCUSSION: California Home Finance Authority ("CHF”), which is in the process of formally changing its name to Golden State Finance Authority, is a joint exercise of powers authority established pursuant to Chapter 5 of Division 7, Title 1 of the Government Code of the State of California (Section 6500 and following) (the “Act”) and the Joint Power Agreement entered into on July 1, 1993, as amended from time to time (the “Authority JPA”). CHF has established two Property Assessed Clean Energy (“PACE”) financing programs for residential, commercial, industrial and agricultural properties to address high up-front costs for property owners who wish to improve their properties through installation of measures that will generate renewable energy or reduce their energy and water use. By offering low cost financing, CHF's PACE programs allow construction of these projects to proceed and, in the process, stimulate building activity and the overall local economy, reduce peak energy demand, increase property values, and generate savings on utility bills for property owners. CHF contracts with Ygrene Energy Fund CA LLC (Ygrene) to serve as the program administrator and to operate the Ygrene Works for City of Westminster Page 8 Printed on 10/28/2015 City Council Agenda October 28, 2015 California PACE financing program. CHF has established two PACE programs under the legislative authority of two separate California PACE laws: SB 555 PACE Community Facilities District: Senate Bill 555 amended the Mello-Roos Community Facilities Act, set forth in sections 53311 through 53368.3 of the California Government Code and particularly in accordance with sections 53313.5(l) and 53328.1(a) (“Mello-Roos Act”), to allow for the creation of Community Facilities Districts (“CFDs”)for the purpose of financing or refinancing the acquisition, installation, and improvement of energy efficiency, water conservation, renewable energy and electric vehicle charging infrastructure improvements permanently affixed to private or publicly-owned real property. Individual properties can be annexed into the district and be subject to the special tax that is imposed to repay project financing only if (i) the Council adopts a resolution consenting to the inclusion of parcels in the incorporated areas of the City within the CFD and (ii) each participating owner provides its unanimous written approval for annexation of its property into the PACE CFD. AB 811 PACE Contractual Assessment Program: By the passage of Assembly Bill 811, the California State Legislature added Chapter 29 to the Improvement Bond Act of 1911, being Division 7 of the California Streets and Highways Code. This legislation authorized cities and counties to establish voluntary contractual assessment programs for the purpose financing private property improvements that promote renewable energy generation, energy and water efficiency and electric vehicle charging infrastructure. As with the SB 555 CFD, properties can be annexed into the AB 811 PACE program and be subject to the property tax assessment that is imposed to repay project financing only if (i) the Council adopts a resolution consenting to the inclusion of parcels in the incorporated areas of the City within the program and (ii) each participating owner consents in writing to the annexation of its property into the PACE program. Participation in other PACE programs: The City of Westminster has previously approved participation in other PACE programs. Adding the CHF PACE program, to be administered by Ygrene, provides more options for City property owners. It will not add to or require any additional responsibilities for the City. JPA Associate Membership: To participate in the PACE City of Westminster Page 9 Printed on 10/28/2015 City Council Agenda October 28, 2015 programs, the City must become an Associate Member of CHF (JPA Agreement attached). Associate membership requires no dues or other costs to the City, but permits participation in all CHF programs including the PACE program. The attached resolutions approve joining the JPA as an Associate Member. Pursuant to the JPA Agreement and CHF Board Resolution 15-01, the Executive Director has the authority to approve the addition of new Associate Members to the JPA. CHF sought and has completed the process of validation for both the SB 555 and the AB 811 programs in the Superior Court for the County of Sacramento. As of August 25, 2015, the CHF SB 555 PACE program is fully operational. Although CHF is implementing only the SB 555 PACE program at this time, CHF chose to form, validate and maintain both the SB 555 and AB 811 programs offerings to ensure that the "Ygrene Works for California" program remains the most innovative, cost effective and most secure PACE program in the state. Should market conditions, consumer demand and/or legislative changes affect one PACE program more that another, CHF has the flexibility to offer the program that best supports CHF's vision of service without any interruption to participating counties and cities and their property owners. CHF intends to maximize the benefits of both program offerings. In support of CHF’s approach, the Council is being asked to pass two resolutions that would approve the following actions: The first resolution authorizes the City to join the JPA as an Associate Member and permits property owners within the incorporated areas of the City to participate in the CHF SB 555 Community Facilities District. The second resolution authorizes the City to join the JPA as an Associate Member and permits property owners within the incorporated areas of the City to participate in the CHF AB 811 Authority PACE Program. Each resolution also authorizes CHF (1) to accept applications from property owners within the City’s incorporated area to finance authorized improvements; and (2) to conduct proceedings and levy special taxes or contractual assessments, as applicable, on the property of participating owners. Cities and counties that have approved the Ygrene Works program to date have adopted both resolutions. Authorizing both programs ensures that no matter the market or legislative environment for PACE, the Ygrene Works program will be established and able to operate successfully in the city without the need for additional review or the need for the City Council to consider approving another resolution thereby saving valuable staff time and resources. Following are additional PACE program considerations: City of Westminster Page 10 Printed on 10/28/2015 City Council Agenda October 28, 2015 · Supports development of renewable energy sources, installation of energy and water efficiency improvements, reduction of greenhouse gases, and protection of the environment. · Only property owners who voluntary choose to participate in the program will be subject either to assessments or special taxes, depending on which program CHF decides to implement. · Program financing provides for an affordable method for many property owners to reduce their energy costs and improve their properties. · Because program financing can be readily transferred upon sale, even owners who are planning to sell have the ability to make responsible and beneficial improvements to their property. · While early payment premiums apply in some circumstances, property owners can choose to pay off the program financing at any time. · The City incurs no financial obligations as a result of program participation. · Once the Council passes the resolutions, the City will incur no costs, and no staff time is required for administration or funding of the PACE program. FISCAL IMPACT: There is no fiscal impact to the City for this action. There is no cost to the City to become an associate member of the JPA or by opting into the PACE programs described in this report. The City will have no administrative responsibilities, marketing obligations, or financial obligations associated with the PACE program. ATTACHMENTS: Proposed Resolutions California Home Finance Authority Amended and Restated Joint Exercise of Powers Agreement Sponsors: Rahbari City of Westminster Page 11 Printed on 10/28/2015 City Council Agenda October 28, 2015 Attachments: Proposed Resolution Restated Joint Exercise of Powers Agreement WARRANT REGISTER 9. 15-233 (City Council/Successor Agency) Warrant Register dated September 30,2 015 through October 13, 2015. Recommendation: Approve. Sponsors: Backs Attachments: City Counci Warrant Regiser SAWRA Warrant Regiser REPORTS 10. 15-235 Treasurer’s Report - September 2015. Recommendation: Approve. Sponsors: Backs Attachments: Treasurer's Report END OF CONSENT CALENDAR 4. PUBLIC HEARINGS - None. 5. REGULAR BUSINESS 5.1. 15-228 Case No. 2014-68 General Plan Update - Consideration of the Draft Proposed Land Use Plan. Recommendation: Staff recommends that the Mayor and City Council: Accept the draft land use plan in order to initiate the environmental review process. Sponsors: Rahbari Attachments: Attachments 1-10 City of Westminster Page 12 Printed on 10/28/2015 City Council Agenda October 28, 2015 5.2. 15-236 Reallocation of Water Conservation Funds from the Unallocated Penalty Water Reserve (Tier II) Fund, to Fund Additional Water Conservation Efforts and Projects. Recommendation: Staff recommends that the Mayor and City Council: Authorize the transfer of $300,000 from the unallocated Penalty Water Reserve (Tier II) Fund to fund additional water conservation efforts and projects ody BACKGROUND/DISCUSSION: The current Water Rate Structure includes the creation and funding of Water Reserves. The purpose of one of the reserves is to fund the cost of potential penalty water due to increase in water use, as well as water conservation projects, such as Water Conservation Gardens, plus others. The current Water Rate Structure allocated $75,000 per year to be used for conservation efforts. This amount has been allocated for the last five years and has all been spent. The Water Division has implemented many conservation programs to educate and encourage residents to conserve water. Additional funds are needed in this area, to cover the ongoing cost of water conservation efforts. Some of the proposed activities to be funded by this reallocation are: 1. Continued support for ongoing turf replacement program to include future grants inspection work 2. Continued community event involvement 3. Sponsorship of community events held by others 4. Town hall meetings 5. Literature to educate the Public 6. Mailings to remind the Public of what is required 7. Conservation items 8. Signage/Banners 9. Continued participation in Countywide efforts 10. Advertising as needed 11. Maintenance of two Conservation Gardens 12. Well site improvements/ including artificial turf 13. Software purchase and installation for conservation efforts 14. Small turf removal at parks reduce the amount of turf 15. Overtime cost for enforcement 16. Other efforts and projects as deemed necessary. Staff will continue to work hard to meet the water use reduction target City of Westminster Page 13 Printed on 10/28/2015 City Council Agenda October 28, 2015 set by the State. The above mentioned items are efforts needed toward such a goal. FISCAL IMPACT: Funds are available in the Unallocated Penalty Water Reserve (Tier II) Fund in the amount of $3.4 million. The requested $300,000 will be transferred to Account Number 80060-105502 (Water Conservation Improvements). ATTACHMENTS: None Sponsors: Youssef 5.3. 15-237 Resolution Approving Indemnification of Current and/or Former City Employees Recommendation: Staff recommends that the Mayor and City Council: Adopt a Resolution entitled, “A Resolution of the Mayor and City Council Approving Indemnification of Current and/or Former City Employees” Sponsors: Manfro Attachments: Proposed Resolution 6. LEGISLATIVE ITEMS - None. 7. COMMISSION AND COMMITTEE ITEMS City of Westminster Page 14 Printed on 10/28/2015 City Council Agenda October 28, 2015 7.1. 15-239 Appointments to the City Financial Task Force Recommendation: Staff recommends that the Mayor and City Council: Appoint five members to the City Financial Task Force. Body BACKGROUND/DISCUSSION: On October 14, 2015 the Mayor and City Council approved the formation of the City Financial Task Force and requested that appointments be made at the October 28th City Council meeting. The City Financial Task Force will consist of five members, all of whom are either residents of the City, Westminster business owners or other community stakeholders. Each member of the City Council will appoint one member who shall serve at the pleasure of the member of the City Council who appointed them. The Task Force will receive technical support from staff, as well as advice/assistance from special advisors and/or consultants as warranted. The Task Force Members are charged with the responsibility of reviewing the City’s operations and finances and to recommend to the City Council, a plan to achieve long-term financial sustainability. The objectives of the City Financial Task Force shall include: · Review and analyze the City’s revenues, expenditures and tax base · Explore and recommend options for addressing the City’s Structural budget gap in a sustainable manner · Develop a final written report and executive summary of recommendations to be submitted to the City Council no later than the second meeting in January. FISCAL IMPACT: There is no fiscal impact related to this item. ATTACHMENTS: None 8. BUSINESS MATTERS FROM CITY COUNCIL/AGENCY MEMBERS - None. City of Westminster Page 15 Printed on 10/28/2015 City Council Agenda October 28, 2015 9. COMMENTS FROM CITY COUNCIL/AGENCY MEMBERS (Including AB 1234 10. COUNCIL ADJOURNMENT: To a Regular Meeting on Wednesday, November 11, 2015 at 7:00 p.m. in the Council Chambers. 11. DECLARATION: This agenda was posted on the Bulletin Board outside of the Council Chambers, where completely accessible to the public, at least 72 hours in advance of the City Council meeting. ____________________________ Amanda Jensen, City Clerk City of Westminster Page 16 Printed on 10/28/2015