City Council

TRI TA Mayor SERGIO CONTRERAS Mayor Pro Tem DIANA LEE CAREY Council Member TYLER DIEP Council Member MARGIE L. RICE Council Member AGENDA CITY COUNCIL/SUCCESSOR AGENCY TO THE WESTMINSTER REDEVELOPMENT AGENCY December 09, 2015 Closed Session - 5:30 PM (Administrative Conference Room - City H 7:00 PM Council Chambers 8200 Westminster Boulevard Westminster, California 92683 If you need special assistance to participate in this meeting, please contact the City Clerk’s office at (714) 898-3311. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.102-35.104 American Disabilities Act Title II) NOTE: Any writings or documents provided to a majority of the City Council regarding any item on this agenda is available for public inspection at the public counter at City Hall located at 8200 Westminster Boulevard, Westminster, CA during normal business hours, except such documents that relate to closed session items or which are otherwise exempt from disclosure under applicable law. These writings are also available for review in the public access binder located in the entryway to the Council Chambers.  AGENDA December 9, 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: TA, CONTRERAS, CAREY, DIEP, RICE CLOSED SESSION: The City Council will recess to a Closed Session for the following purposes: 1. 15-283 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.). RECESS: Page 2  AGENDA December 9, 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: TA, CONTRERAS, CAREY, DIEP, RICE SALUTE TO FLAG: City Attorney 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 Section 54957.1(a)(3)(b)). REPORT FROM CITY CLERK: 1. SPECIAL PRESENTATIONS A) 15-284 Recognition of Assistance League of Huntington Beach. B) 15-285 City of Westminster Water Conservation Efforts Update. 2. ORAL COMMUNICATIONS Page 3  AGENDA December 9, 2015 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. 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 APPROVAL OF MINUTES 3.1 15-273 (City Council/Successor Agency) Minutes of a Regular Meeting of the Westminster Council/Successor Agency to the Westminster Redevelopment Agency on October 28, 2015 and November 11, 2015. Recommendation: Approve. Sponsors: Jensen Attachments: 10-28-2015 Minutes 11-11-2015 Minutes Page 4  AGENDA December 9, 2015 ROUTINE MATTERS Page 5  AGENDA December 9, 2015 3.2 15-262 AB109 Funding for Public Safety Realignment and Postrelease Community Supervision Enhanced Law Enforcement Overtime Services in Fiscal Year 2015-16 Recommendation: Staff recommends that the Mayor and City Council: A) Approve a revenue estimate of $28,856 to the AB109 Revenue Account for the Fiscal Year 2015-16 budget; and B) Approve an appropriation of $28,856 to the Special Police Services Fund, AB109 expenditures budget for the Fiscal Year 2015-16 for overtime costs. Body BACKGROUND/DISCUSSION: AB 109, the "2011 Realignment Legislation Addressing Public Safety", became effective on July 1, 2011. The bill and subsequent related legislation realigned responsibilities regarding adult felony offenders to counties, and specified that certain offenders released from state prison are subject to postrelease community supervision ("PCS") provided by a county agency designated by its board of supervisors. Pursuant to the PCS 2011 Implementation Plan, municipal agencies may be requested to provide enhanced law enforcement services, as needed to achieve the objectives of public safety realignment. For Fiscal Year 2015/2016 the total maximum allocation for enhanced municipal law enforcement services of participating agencies in Orange County is $677,973. Municipal agencies that provide enhanced law enforcement services will be individually compensated solely from that total maximum allocation, until such amount is depleted. For subsequent fiscal years, the continued provision of enhanced municipal law enforcement services will be subject to new or additional state funding. The City shall be reimbursed up to a maximum amount of $28,856 from the FY2015-16 allocation. Reimbursement Requirements: The reimbursement rate for claiming overtime services is one and Page 6  AGENDA December 9, 2015 one-half (1-1/2) times the hourly salary of law enforcement personnel performing overtime services under the original MOU. The County will verify source documents for cities' invoices claiming cost reimbursement for law enforcement overtime services. Other allowable and claimable operating expenses shall include (but not be limited to) professional and technical training, equipment, general supplies, travel, and mileage, all as they directly relate to AB109 and the objectives of public safety realignment, services rendered, or authorized expenditures incurred under the MOU. At the City Council meeting of November 13, 2013, the City Council approved the AB109 Public Safety Realignment and Postrelease Community Supervision Cost Reimbursement Master MOU with the County of Orange Probation Department and authorized the Chief of Police to execute the MOU and succeeding MOU renewals on behalf of the City. FISCAL IMPACT: Reimbursement funds received from the County will be allocated to the AB109 Fund Revenue Account No. 39253-34490 Intergovernmental - County Other. The funds received will be spent through an allocation for AB109 Police - Overtime (Fund 264, Account No. 39253-40001). The result of the above mentioned budget adjustment would have no fiscal impact to the City’s General Fund. ATTACHMENTS: Orange County Fiscal Year 2015-16 AB109 Allocation Sponsors: Baker Attachments: AB109 2015-16 Allocations Page 7  AGENDA December 9, 2015 3.3 15-265 Authorization to transfer funds from the Police Local Seizure Undesignated, Unreserved Fund Balance in Fiscal Year 2015-16 Recommendation: Staff recommends that the Mayor and City Council: 1. Authorize the transfer of funds from the Police Local Seizure Undesignated, Unreserved Fund Balance in Fiscal Year 2015-16 in the total amount of $49,300 to: A. The DOJ Seizures Safety Equipment account in an amount not to exceed $27,125 for purchase of safety equipment; and B. The DOJ Seizures Computer Equipment - Software account in an amount not to exceed $4,225 for purchase of specialized software for the detective unit; and C. The DOJ Seizures Training - Other account in an amount not to exceed $17,950 for executive training costs. Sponsors: Baker RESOLUTIONS 3.4 15-276 Update to Part-Time Salary Schedule - January 2016 Recommendation: Staff recommends the Mayor and City Council adopt “A Resolution of the Mayor and City Council of the City of Westminster Providing for a Compensation Plan for Part-Time Employees of the City of Westminster.” Attachments: Resolution Part-Time Compensation Update Final Part Time Sal Schedule Redline Part Time Sal Schedule WARRANT REGISTER 3.5 15-286 (City Council/Successor Agency) Warrant Register dated November 4, 2015 through December 1, 2015. Page 8  AGENDA December 9, 2015 REPORTS 3.6 15-271 Treasurer’s Report - October 2015. Recommendation: Approve. Sponsors: Backs Attachments: Treasurer's Report October 2015 3.7 15-280 Receipt of the Fiscal Year 2014-15 Comprehensive Annual Financial Report (CAFR) and Related Statements. Recommendation: Staff recommends that the Mayor and City Council accept the Comprehensive Annual Financial Report (CAFR) and related financial reports and statements for the fiscal year ended June 30, 2015. Attachments: 2015 Audit Reports Package END OF CONSENT CALENDAR Page 9  AGENDA December 9, 2015 4. PUBLIC HEARINGS ANYONE WISHING TO SPEAK ON AN OPEN PUBLIC HEARING IS REQUESTED TO COMPLETE A GREEN SPEAKER SLIP THAT IS PROVIDED AT THE ENTRANCE TO THE COUNCIL CHAMBERS. PLEASE SUBMIT THE SPEAKER SLIP TO THE CITY CLERK. WHEN YOUR NAME IS CALLED, PLEASE STEP TO THE PODIUM AT THAT TIME AND STATE YOUR NAME AND ADDRESS FOR THE RECORD. AFTER THE PUBLIC HEARING IS OPENED, PERSONS SPEAKING IN FAVOR WILL BE HEARD FIRST, FOLLOWED BY THOSE PERSONS SPEAKING IN OPPOSITION; AND THEN PERSONS SPEAKING IN REBUTTAL. ONLY THOSE PERSONS WHO HAVE SPOKEN IN FAVOR WILL BE PERMITTED TO SPEAK IN REBUTTAL. SPOKESPERSON(S) DESIGNATED TO SPEAK IN FAVOR OR IN OPPOSITION WILL HAVE TWELVE (12) MINUTES TO SPEAK. THEREAFTER, EACH PERSON SPEAKING IN FAVOR OR IN OPPOSITION WILL HAVE THREE (3) MINUTES. THE TOTAL TIME FOR SPEAKING IN FAVOR OR IN OPPOSITION SHALL NOT EXCEED 30 MINUTES. THOSE PERSONS SPEAKING IN REBUTTAL WILL HAVE THREE (3) MINUTES EACH, OR A TOTAL OF 20 MINUTES. THE CITY COUNCIL MAY USE ITS DISCRETION TO ALLOW A SPEAKER TO EXCEED THE TIME LIMITS. NOTE: IF A CHALLENGE IS MADE BY ANY PARTY IN COURT FROM ACTIONS ARISING OUT OF A PUBLIC HEARING, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS NOTICE OR IN WRITTEN CORRESPONDENCE DELIVERED AT THE PUBLIC HEARING OR PRIOR THERETO. Page 10  AGENDA December 9, 2015 4.1. 15-258 Analysis of Impediments to Fair Housing Choice Recommendation: Staff recommends that the Mayor and City Council conduct the public hearing, consider all public testimony and adopt a “Resolution of the Mayor and City Council Adopting the Analysis of Impediments to Fair Housing Choice”. Sponsors: Rahbari Attachments: Westminster Analysis of Impediments to Fair Housing Choice MD -Resolution for Fair Housing Choice 12-09-2015 5. REGULAR BUSINESS 5.1. 15-266 Award of Contract for Rancho Road Widening Project from Westminster Boulevard to 250 feet South of Spa Drive - Federal Aid Project No. HSIPL 5338(048). Recommendation: Staff recommends that the Mayor and City Council: 1) Approve the award of contract to the lowest and responsive bidder in the amount of $685,184.00 to All American Asphalt, and that all other bids be rejected; and 2) Authorize a 10% contingency in the amount of $68,518.40 for potential change orders; and 3) Authorize the City Manager to execute the contract on behalf of the City. Sponsors: Youssef Attachments: Agreement All American Asphalt Proposal Page 11  AGENDA December 9, 2015 5.2. 15-264 Case No. 2015-52. Appeal of the Planning Commission’s denial of the design of a single family residence located at 14712 Davis Street. . RECOMMENDED ACTION/MOTION: Recommendation: The Planning Commission recommends that the Mayor and City Council adopt “A resolution of the Mayor and City Council of the City of Westminster upholding the Planning Commission’s denial of case no. 2015-52 involving the design of a single family dwelling at 14712 Davis Street (Assessor’s Parcel Number 096-483-08).” Sponsors: Rahbari Attachments: Attachment 1 Draft City Council Resolution (Final) Attachment 2 Plans (1st Design) Attachment 3 PC Minutes 12-17-2014 Attachment 4 Plans (2nd Design) Attachment 5 PC Minutes 4-1-2015 Attachment 6 CC Minutes 5-13-2015 Attachment 7 CC Reso No 4535 Attachment 8 Plans (3rd Design) Attachment 9 Aerial Image Attachment 10 Photographs Attachment 11 PC Minutes 10-21-2015 Attachment 12 Appeal 10-30-2015 Attachment 13 E-Mail from Resident 6. LEGISLATIVE ITEMS - None. 7. COMMISSION AND COMMITTEE ITEMS - None. 8. BUSINESS MATTERS FROM CITY COUNCIL/AGENCY MEMBERS - None. 9. COMMENTS FROM CITY COUNCIL/AGENCY MEMBERS (Including AB 1234 Report when required). Page 12  AGENDA December 9, 2015 10. COUNCIL ADJOURNMENT: To a Regular Meeting on Wednesday, January 13, 2016 at 7:00 p.m. in the Council Chambers. 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, CMC, City Clerk Page 13