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 February 10, 2016 Closed Session - 6:30 PM (Council Conference Room) 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 February 10, 2016 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) Conference with Legal Counsel pursuant to Government Code Section 54956.9(d) (1): Existing Litigation: (one case) Case No. SACV11-00278 (Jose Flores, et al v City of Westminster, et al). 2) Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: Property: 15172 Goldenwest Circle; City Negotiator: City Manager Eddie Manfro and Assistant City Manager Chet Simmons; Negotiating Party: City Manager Eddie Manfro and Assistant City Manager Chet Simmons; Under Negotiations: Price and Terms of Payment. 3) Conference with Legal Counsel pursuant to Government Code Section 54956.9(d) (2): Anticipated Litigation: (one case). RECESS: Page 2  AGENDA February 10, 2016 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: Council Member Carey 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 - None. 2. ORAL COMMUNICATIONS Page 3  AGENDA February 10, 2016 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 16-047 (City Council/Successor Agency) Minutes of a Regular Meeting of the Westminster City Council/Successor Agency to the Westminster Redevelopment Agency on January 27, 2016. Recommendation: Approve. Sponsors: Jensen Attachments: 01-27-2016 Minutes ROUTINE MATTERS Page 4  AGENDA February 10, 2016 3.2 16-040 Claim Against The City of Westminster by Cara Denbow Recommendation: Staff recommends that the Mayor and City Council deny the claim against the City of Westminster in the amount of $160.12. Sponsors: Harary Attachments: Denbow Claim 3.3 16-027 Claim Against the City of Westminster - Mario Duarte Recommendation: Staff recommends that the Mayor and City Council deny the claim by Mario Duarte in an unknown amount. Sponsors: Harary Attachments: Duarte Claim 3.4 16-034 Claim Against the City of Westminster - Maiss El Agha-Langbein Recommendation: Staff recommends that the Mayor and City Council deny the claim by Maiss El Agha-Langbein BACKGROUND/DISCUSSION: Claimant alleges fatal traffic accident was due to improper road design, maintenance, repair, failure to warn of dangerous condition, and improper landscaping. After investigation the claim was determined to be insufficient. Notice was sent of insuffiency and the claimant failed to address the information required to correct. Therefore, it is recommended that this claim be denied. FISCAL IMPACT: There is no fiscal impact by denying this claim. ATTACHMENTS: 1.Claim against the City of Westminster Sponsors: Harary Attachments: El Langbein Claim Page 5  AGENDA February 10, 2016 3.5 16-028 Claim Against the City of Westminster - Anthony Rivera Recommendation: Staff recommends that the Mayor and City Council deny the claim by Anthony Rivera in an unknown amount. Sponsors: Harary Attachments: Rivera Claim 3.6 16-031 Claim Against the City of Westminster - Randy & Jacqueline Schwartz Recommendation: Staff recommends that the Mayor and City Council deny the claim by Randy and Jacqueline Schwartz in an unknown amount. Sponsors: Harary Attachments: Schwartz Claim 3.7 16-044 Notice of Completion for the Work Performed at 22 City-Wide Parks as Part of Griffin Structures Capital Improvement Project Contract. Recommendation: Staff recommends that the Mayor and City Council accept the subject project and authorize the City Clerk to file a Notice of Completion with the County Recorder’s Office. Sponsors: Youssef Attachments: Notice of Completion - Parks Project 3.8 16-043 Notice of Completion for the Construction of the Corporate Yard and Police Training Facility as Part of Griffin Structures Capital Improvement Project Contract. Recommendation: Staff recommends that the Mayor and City Council accept the subject project and authorize the City Clerk to file a Notice of Completion with the County Recorder’s Office. Sponsors: Youssef Attachments: Notice of Completion - Yard-PD Page 6  AGENDA February 10, 2016 3.9 16-035 Award of Contract for Parks, Center Medians, Overpasses, and Arterial Weed Spraying, and Related Landscape Maintenance Services - FY 2015-16 Recommendation: Staff recommends that the Mayor and City Council: A) Approve and award of contract to the low qualified bidder in the amount of $311,424.00 to Complete Landscape Care, Inc. and that all other bids be rejected; and B) Authorize the City Manager be authorized to execute the contract on behalf of the City. Sponsors: Youssef Attachments: Agreement-Landscape-Parks Complete Landscape Care, Inc 3.10 16-041 Increase to Purchase Order #11792 for General Pump Company for the City’s Water Well Pumps Maintenance for Fiscal Year 2015-2016. Recommendation: Staff recommends that the Mayor and City Council approve an increase to Purchase Order # 11792 from $440,000 to $590,000. Sponsors: Youssef 3.11 16-039 Purchase & Delivery of Diesel Fuel and Gasoline Recommendation: Staff recommends that the Mayor and City Council reject the one and only bid received and authorize staff to re-bid the contract. Sponsors: Youssef 3.12 16-017 Request from the Friends of the Rose Center Theater for financial assistance for the 2016 Mayor’s Ball. Sponsors: Dobbert Attachments: Letter RESOLUTIONS Page 7  AGENDA February 10, 2016 3.13 16-042 Resolution Authorizing An Application For Grant Funds To OCTA For Funding Under The Project V Community-Based Transit/Circulators Call For Projects Recommendation: Staff recommends that the Mayor and City Council adopt a Resolution entitled, “A Resolution of The Mayor and City Council of the City of Westminster Approving the Submittal of an Application to the Orange County Transportation Authority for Funds for The Measure M2 Project V Community-Based Transit/Circulators Funding Program”. Sponsors: Youssef Attachments: Resolution for OCTA -Project V-2-1-16 ORDINANCES (SECOND READING) 3.14 16-036 Second Reading of Ordinance 2529 Amending the refuse and recyclable materials storage requirements of the Westminster Municipal Code. Recommendation: Staff recommends that the Mayor and City Council adopt an Ordinance entitled, “An Ordinance of the Mayor and City Council of the City of Westminster Amending the refuse and recyclable materials storage requirements of the Westminster Municipal Code.” Sponsors: Jensen Attachments: Ordinance 2529 WARRANT REGISTER 3.15 16-049 (City Council/Successor Agency) Warrant Register dated January 20, 2016 through February 2, 2016. Recommendation: Approve. Sponsors: Backs REPORTS Page 8  AGENDA February 10, 2016 3.16 16-048 Treasurer’s Report - December 2015 Recommendation: Approve. Sponsors: Backs Attachments: Treasurer's Report - December 2015 END OF CONSENT CALENDAR 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 9  AGENDA February 10, 2016 4.1. 16-037 Disaster Preparedness Reports Recommendation: Staff recommends that the Mayor and City Council adopt a Resolution entitled, “A Resolution of the Mayor and City Council of the City of Westminster approving the Local Hazard Mitigation Plan and Westminster Emergency Operations Plan Update.” Attachments: Proposed Resolution Local Hazard Mitigation Plan Emergency Operations Plan 5. REGULAR BUSINESS 5.1. 16-045 Federal Legislative Priorities for 2016/17 Recommendation: Staff recommends that the Mayor and City Council consider and approve the listed 2016/17 Federal Legislative Priorities. Sponsors: Simmons 5.2. 16-026 Consideration of Waiving Facility Fees. Recommendation: Staff recommends that the Mayor and City Council consider request to waive fees for use of the Community Services Building (East/West, Craft and A/B Rooms) for a Health Fair to be held on February 21, 2016. Sponsors: Dobbert Attachments: Letter from the Vietnamese Community Health Project (VCH) at UCLA requesting a fee waiver Pending Permit for Use of Facilities Fee Waiver Policy 6. LEGISLATIVE ITEMS - None. 7. COMMISSION AND COMMITTEE ITEMS Page 10  AGENDA February 10, 2016 7.1. 16-038 Traffic Commission Appointment Recommendation: Staff recommends that the Mayor and City Council consider appointing a member to the Traffic Commission (Council Member Diep’s appointment) due to an unscheduled vacancy for a term to expire in January 2017. .Body BACKGROUND/DISCUSSION: On February 11, 2015, at the recommendation of Council Member Diep, Duy Nguyen was appointed to the Traffic Commission. On November 15, 2015, Commissioner Nguyen submitted his resignation to Traffic Commission’s Secretary Veronica Johnson. Upon notification, the City Clerk’s office noticed the unscheduled vacancy. Staff recommends that the Mayor and City Council consider filling the vacant Traffic Commission seat for the remainder of former Commissioner Nguyen’s term. FISCAL IMPACT: Compensation for the Traffic Commission members is budgeted in the General Fund (10200-40020). $50 per meeting. ATTACHMENTS: None. Sponsors: Jensen 8. BUSINESS MATTERS FROM CITY COUNCIL/AGENCY MEMBERS - None. 9. COMMENTS FROM CITY COUNCIL/AGENCY MEMBERS (Including AB 1234 Report when required). 10. COUNCIL ADJOURNMENT: To a Regular Meeting on Wednesday, March 9, 2016 at 7:00 p.m. in the Council Chambers. Page 11  AGENDA February 10, 2016 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 12