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 March 23, 2016 Closed Session - 5:30 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 March 23, 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 Real Property Negotiator pursuant to Government Code Section 54956.8: Property: APN 097-401-22; 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. 2)Conference with Labor Negotiators pursuant to Government Code Section 54957 and 54957.6 with designated representatives: City Manager Eddie Manfro and Director of Human Resources and Risk Management Mike Harary. (Employee Organization: Management and Administrative and Confidential Employees of the City of Westminster). 3)Conference with Legal Counsel pursuant to Government Code Section 54956.9(d) (2): Anticipated Litigation: (two cases). RECESS: Page 2  AGENDA March 23, 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 Rice 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) 16-097 Presentation of a Resolution of Commendation to Eagle Scout Dan Ta. B) 16-098 Presentation of MADD Award to Westminster Police Officer Stewart DeJong (40 arrests) C) 16-099 Presentation of Proclamation declaring April 2016 as “Westminster Chamber of Commerce Month” in the City of Westminster. Page 3  AGENDA March 23, 2016 D) 16-101 Presentation of a Plaque from California Nevada Cement Association to Public Works Director/City Engineer Marwan Youssef. 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. 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 Page 4  AGENDA March 23, 2016 3.1 16-094 (City Council/Successor Agency) Minutes of a Regular Meeting of the Westminster City Council/Successor Agency to the Westminster Redevelopment Agency on March 9, 2016. Recommendation: Approve. Sponsors: Jensen Attachments: 03-09-2016 Minutes ROUTINE MATTERS 3.2 16-079 Acceptance of Final Tract Map Number 17766 and Subdivision Agreement for Property Located at the Northeast Corner of Willow Lane and Maple Avenue. Recommendation: Staff recommends that the Mayor and City Council: Click here to enter text. A) Accept Final Tract Map Number 17766, along with Subdivision Agreement for Tract 17766 and; B) Authorize the City Clerk to sign and seal the map. Sponsors: Youssef Attachments: Tract No 17766 Agreement Tract 17766 3.3 16-076 Authorization to Increase Purchase Order No. 11829 Recommendation: Staff recommends that the Mayor and City Council approve an increase of $57,520.17 to Purchase Order # 11829 to Midori Gardens for Landscaping Services. Sponsors: Youssef WARRANT REGISTER 3.4 16-095 (City Council/Successor Agency) Warrant Register dated March 2, 2016 through March 15, 2016. Recommendation: Approve. Sponsors: Backs Page 5  AGENDA March 23, 2016 REPORTS 3.5 16-096 Treasurer’s Report - February 2016. . Recommendation: Approve. Sponsors: Backs Attachments: Treasurer's Report - February 2016 END OF CONSENT CALENDAR Page 6  AGENDA March 23, 2016 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 7  AGENDA March 23, 2016 4.1. 16-078 Draft FY 2016/17 Annual Action Plan for Community Development Block Grant (CDBG) and HOME Investment Partnerships Act (HOME) Program federal funds. Recommendation: Staff recommends that the Mayor and City Council: accept the Draft FY 2016/2017 Annual Action Plan and authorize Staff to initiate a 30-day public review period of the documents in compliance with the Consolidated Plan procedures. At this meeting, CDBG Subrecipients that have submitted a CDBG Application will be in attendance. BACKGROUND/DISCUSSION: Each year, the City prepares an Annual Action Plan in connection with the Five-Year Consolidated Plan which details how the City will expend federal funds that it receives from the Department of Housing and Urban Development (HUD). The Mayor and City Council were given all of the CDBG applications submitted at the last meeting in a binder, and asked to bring the binder to the two subsequent meetings. This is the meeting where the Council makes their selections for CDBG funding, therefore CDBG Subrecipients have been asked to attend. CDBG Funding. The CDBG program provides annual grants on a formula basis to entitled metropolitan cities and urban counties to implement a wide variety of community development and housing activities set forth under 24 CFR Part 570. The overriding purpose of the CDBG program is to support “bricks and mortar” activities e.g., acquisition, rehabilitation and preservation, and public improvements and facilities. CDBG activities are initiated and developed at the local level based upon a community’s perceptions of its local needs, priorities, and benefits to the community. As an entitlement grantee receiving CDBG funds, Westminster is free to determine what activities it will fund. Maximum priority is given to activities which benefit low- and moderate-income persons. The City may also carry out activities which aid in the prevention or elimination of slums or blight like Code Enforcement. For fiscal year 2016/17, the City of Westminster will Page 8  AGENDA March 23, 2016 have an estimated total of $1,077,540 in CDBG funds. This total amount is comprised of $944,997 in Fiscal 2016/17 CDBG entitlement funds and $132,543 in prior year unallocated CDBG funds carried forward HOME Funding. The HOME Program is the largest Federal block grant to State and local governments designed exclusively to create affordable housing for low-income households. HOME funds can be used for home purchase or rehabilitation financing assistance to eligible homeowners and new homebuyers; for building or rehabilitating housing for rent or ownership; site acquisition or improvements, demolition of dilapidated housing to make way for HOME-assisted development, and payment of relocation expenses. Cities must use at least 15 percent of their allocations to fund housing to be developed by nonprofit groups designated as Community Housing Development Organizations. Cities have two years to commit funds and five years to spend funds. The City of Westminster will have an estimated $719,401 in HOME Program funds comprised of a FY 2016/17 allocation of $273,659, and an estimated carryover balance of $445,742. Proposed CDBG Activities. City staff is presenting the following activity descriptions and allocation requests for the CDBG program. The amount available for CDBG activities is $1,077,540. · Family Resource Center, $41,000: The Westminster Family Resource Center is a family-friendly, community-based site that offers a comprehensive range of services and support systems to families. · Senior Outreach Center, $48,548: The Senior Outreach Program assists seniors (>62 years of age) and the disabled population needing support services to allow them to live independently and remain in their own home. · Home Delivered Meals Program, $28,000: Operated by SeniorServ, the Program Page 9  AGENDA March 23, 2016 provides three meals per day, five days per week to frail elderly participants age 62 or over in the City of Westminster. In addition to the meals, all participants receive case management services and have access to in home safety services. The program benefits participants by assisting with basic food and nutritional needs which in turn improves overall health. · Project S.H.U.E., $13,751: Project S.H.U.E. (Safety, Health, Understanding, and Education) is an intergenerational afterschool program that is designed to provide underserved children, ages 6-9, a safe afterschool environment at the Westminster Senior Center. With the support of volunteer seniors, S.H.U.E. creates a structured setting that focuses on learning while fostering a healthy social development of each individual child. The environment this program creates helps to reduce the risk of negative peer pressure, gang/drug involvement, and low academic achievement. · Street Improvements, $300,000: Reconstruction of various streets within low and moderate income neighborhoods that have been recognized in the City’s Pavement Management System (PMS) as needing reconstruction. Public improvements can include the reconstruction of the entire asphalt concrete pavement, concrete curbs, gutters, driveway approaches, wheel chair ramps, and sidewalk. In FY 2016/17, the Public Works Department is proposing to resurface five residential streets: California Avenue, Cardillo Drive, Leo Place, Lipkin Drive, and Jasperson Way. The improvements include removing and reconstructing old existing asphalt curbs, gutters, cross gutters, and driveway approaches to match the City’s current standards. The project also entails removing and replacing deteriorated pavement areas, Page 10  AGENDA March 23, 2016 and resurfacing the entire street pavement. · Code Enforcement, $334,411: The Code Enforcement Program uses CDBG funds in predominately low and moderate income residential areas showing signs of deterioration. The enforcement of health and safety codes in buildings and structures together with public or private improvements, rehabilitation, or services are intended to arrest the decline of the area · Minor Home Rehabilitation Program, $50,000: The Minor Home Rehabilitation Program provides a grant of up to $5,000 to rehabilitate substandard single-family dwellings in six designated neighborhoods that are occupied by low-income (<80% of adjusted median income) owners, on a referral basis only from the Code Enforcement Division. Under the Program, CDBG funds will be granted to remove health and safety code deficiencies. Property’s must be in substandard condition but suitable for rehabilitation, be the principal residence of the owner and be limited to work items set forth in the City’s Minor Home Rehabilitation Program protocols. · Senior Center Rehabilitation Project, $75,000: CDBG funds are being requested to update the existing Westminster Senior Center, which is popularly attended by hundreds of Westminster seniors each year. The Senior Center is in need of improvements to the Activity Room and the Senior Fitness Room. Proposed improvements include new wall coverings, ceiling tiles, new lighting, paint, permanent benches, and storage. · CDBG Program Administration, $173,999: The City will conduct the following administration/planning activities: (1) General Administration of the overall CDBG Program, including preparation of budget, applications, certifications, agreements and CDBG Service Page 11  AGENDA March 23, 2016 Area Resolution, (2) Coordination of all CDBG-funded capital improvement projects, (3) Coordination of the Public Service Subrecipients, (4) Monitoring of all CDBG projects/programs to ensure compliance with federal regulations, (5) Preparation of the Annual Action Plan, and (6) Preparation of the Consolidated Annual Performance and Evaluation Report (CAPER). Housing Staff is also paid from this allocation. · Fair Housing Services, $15,000: A required service in order to receive HUD funds, the Fair Housing Foundation provides education services three timed per month to Westminster residents at city hall. This program helps the City to comply with HUD’s regulatory requirements to affirmatively further fair housing and includes counseling on landlord/tenant law and other aspects of housing. There is currently $10,450 still available for the Council to choose how it wishes to be allocated, in the Public Service category. The City Council may wish to consider dedicating those funds to allow for another After School Tutor at the Family Resource Center, or for another of the existing programs of the Council’s choosing. Proposed HOME Activities. City staff recommends the following activities that are consistent with priorities set forth in the City’s Five Year Consolidated Plan and that fulfill the purpose of the HOME program to create affordable housing for low-income households: · Rehabilitation of 13942 Cedar Avenue, $127,367: American Family Housing has operated 13942 Cedar Street since March 1, 1990. There is a need to bring the property up to current HUD standards. The unit consists of 2-bedrooms and 1-bath, and will be brought up to HOME and City property standards in Page 12  AGENDA March 23, 2016 exchange for making the unit available as transitional housing to two of Westminster’s homeless residents. · Acquisition / Rehabilitation, $564,669:The City has $564,669 in available HOME funds. City Staff is currently analyzing whether an Owner with a 13-year DDA with the Redevelopment Agency would sell their property so that a larger project could be completed. However, should the City Council wish to pursue a HOME project, the Council is asked to identify such a project. · HOME Program Administration, $27,365: The City may use up to ten (10) percent of the HOME allocation for the overall administration of the HOME Program. The City will use HOME funds to ensure the overall development, management, coordination (including coordination with Community Housing Development Organizations), and monitoring of all HOME-funded projects/programs to ensure compliance with federal regulations of the HOME program. FISCAL IMPACT: There is no fiscal impact to the General Fund. However, approval of the FY 2016/17 Annual Action Plan will provide CDBG and HOME funds upon HUD approval. The Mayor and City Council is scheduled for final approval of the allocations on April 13, 2016. ATTACHMENTS: A. Draft FY 2016/17 Annual Action Plan B. CDBG Spreadsheet Sponsors: Rahbari Attachments: Westminster FY 2016-17 AAP Mar 23 CDBG Spreadsheet Page 13  AGENDA March 23, 2016 5. REGULAR BUSINESS 5.1. 16-080 Award of Contract for City-Wide Street Overlay Improvement Project at Various Locations, Project No. City-Wide Overlay 15-16. Recommendation: Staff recommends that the Mayor and City Council: A. Approve the award of contract to the low qualified and responsive bidder in the amount of $675,000.00 to Hardy & Harper, Inc. and that all other bids be rejected; and B. Authorize a 10% contingency in the amount of $67,500.00 for potential change orders; and C. Authorize the City Manager to execute the contract on behalf of the City. Sponsors: Youssef Attachments: Hardy and Harper Agreement Hardy and Harper Proposal Exhibit C - Location Map - Citywide Overlay 15-16 5.2. 16-084 Purchase & Delivery of Diesel Fuel and Gasoline for City Fleet. Recommendation: Staff recommends that the Mayor and City Council authorize a purchase order in the amount of $525,000.00 for a renewable vehicle fuel supply bid to SC Fuels Inc., and reject all other bids Sponsors: Youssef Attachments: SC Fuels Proposal 5.3. 16-085 Completing the Kiosk at Freedom Park Recommendation: Staff recommends that the Mayor and City Council approve the conceptual plans for the subject kiosk and authorize staff to solicit for informal bids for its construction. Sponsors: Youssef Page 14  AGENDA March 23, 2016 5.4. 16-091 Adoption of the City Electronic Reader Board Policy. Recommendation: Staff recommends that the Mayor and City Council consider adopting the proposed Electronic Reader Board Policy and request form. Sponsors: Dobbert Attachments: City Electronic Reader Board Policy Electronic Reader Board Request Form 6. LEGISLATIVE ITEMS 6.1. 16-086 Adoption of A Resolution of the Mayor and City Council of the City of Westminster Establishing a Policy that Delegates Tort Liability Claims Handling Responsibilities to its Staff and/or its Third Party Claims Administrator, Carl Warren & Company, as Authorized by Government Code Sections 910 Et Seq. Recommendation: Staff recommends that the Mayor and City Council adopt “A Resolution of the Mayor and City Council of the City of Westminster Establishing a Policy that Delegates Tort Liability Claims Handling Responsibilities to its Staff and/or its Third Party Claims Administrator, Carl Warren & Company, as authorized by Government Code Sections 910 Et Seq.” Sponsors: Harary Attachments: Proposed Resolution 7. COMMISSION AND COMMITTEE ITEMS - None. 8. BUSINESS MATTERS FROM CITY COUNCIL/AGENCY MEMBERS Page 15  AGENDA March 23, 2016 8.1. 16-090 Resolution supporting Senate Bill 969 to allow the sale of Vietnamese Rice Cakes at Room Temperature. Recommendation: Mayor Ta recommends that the City Council consider adopting a Resolution entitled, “A Resolution of the Mayor and City Council of the City of Westminster supporting Senate Bill 969. Allowing for the sale of Vietnamese Rice Cakes at room Temperature”. .Body BACKGROUND/DISCUSSION: Senator Janet Nguyen recently introduced SB 969, which would allow for an exemption in the Health and Safety Code for traditional Vietnamese Rice Cakes to be sold year-round, provided that they are labeled with health precautions warning that the rice cake must be consumed within two days. Traditional Vietnamese rice cakes are manufactured primarily around the holiday seasons such as Tet. There are generally two forms of rice cakes that hake more than ten hours to cook; one with meat-filing and one with fruit-filling. Traditionally, families will keep these rice cakes for up to one week before safely consuming, although many will refrigerate them by the end of the day. Under current requirements established by the Department of Public Health due to the presence of perishable ingredients, Vietnamese rice cakes must be sold refrigerated or frozen. However, it is against tradition to purchase rice cakes that are cold. This stigma prevents traditional Vietnamese rice cakes from being sold year-round in stores without facing citations from public health regulators. Additionally, these cakes are often sold for charitable events to raise money during the holidays. The California State Legislature passed two measures that allow for similar exemptions for traditional cultural recipes. In 2001, AB 187 (Liu) allowed for Korean rice cakes to be sold, provided they have been at room temperature for no more than 24 hours. In 2010, the Legislature passed SB 888 (Yee) which similarly allowed for Asian rice based noodles to be sold, provided they are labeled as perishable and are to be consumed within four hours of manufacture. Vietnamese rice cakes contain different ingredients and cooking methods so they Page 16  AGENDA March 23, 2016 are excluded from both of these current statutory exemptions. SB 969 would allow for perishable Vietnamese rice cakes that are cooked and served according to traditional recipes to be sold at room temperature for no more than 48 hours with appropriate warning labels. FISCAL IMPACT: No fiscal impact at this time. ATTACHMENTS: Senate Bill 969 Proposed Resolution Sponsors: Ta Attachments: Senate Bill 969 Proposed Resolution 9. COMMENTS FROM CITY COUNCIL/AGENCY MEMBERS (Including AB 1234 Report when required). 10. COUNCIL ADJOURNMENT: To a Regular Meeting on Wednesday, April 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 17