TRI TA
Mayor
CARLOS MANZO
Vice Mayor, District 2
TAI DO
Council Member
KIMBERLY HO
Council Member, District 3
CHI CHARLIE NGUYEN
Council Member
AGENDA
CITY COUNCIL/SUCCESSOR AGENCY TO THE
WESTMINSTER REDEVELOPMENT AGENCY
REGULAR MEETING
MAY 11, 2022
CLOSED SESSION - 5:00 p.m. | OPEN SESSION - 7:00 p.m.
Public Access In-Person and Via Teleconference/Web Conference 8200 WESTMINSTER BOULEVARD
WESTMINSTER, CALIFORNIA 92683
In an effort to protect public health and prevent the sp read of coronavirus (COVID -19), the City of Westminster encourages the public to view this City Council meeting on television or online. Members of the public wishing to attend the meeting in person should adhere to CDC guidelines that include practicing s afe social distancing and wearing a face mask for individuals who are unvaccinated.
If you need special assistance to participate in this meeting, including interpretation, please contact the City Clerk’s Office at (714) 548 -3237. Notification of 48 hour s 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)
Documents provided to a majority of the City Council regarding any item on this agenda are available for public inspection on the City’s website at www.westminster-ca.gov.
AGENDA
May 11, 2022
City Council
Regular Meeting Page 1
SPECIAL NOTICE REGARDING CORONAVIRUS (COVID-19) AND ATTENDANCE AT PUBLIC MEETINGS RELATED TO AB 361
On March 4, 2020, Governor Gavin Newsom proclaimed a Stat e of Emergency in California as a result of the threat of COVID -19. On September 17, 2021, Governor Newsom signed AB 361 related to the Brown Act and remote meetings during the state of emergency. AB 361 allows local agencies to continue to conduct remote or “Zoom” meetings during a declared State of Emergency. The City Council adopted Resolution No. 5111 on April 27, 2022, determining as a result of the emergency, meeting in person could present imminent risks to the health or safety of attendees. The City Council makes this determination every 30 days. Pursuant to AB 361, please be advised that some or all of the Westminster City Council members may participate in meetings via teleconference/web conference.
MEETINGS
Regular meetings of the City Council are held the second and fourth Wednesday of each month at the hour of 6:00 p.m. (5:00 p.m. if deemed necessary) for Closed Session matters, if required. The public session of the meeting shall commence at 7:00 p.m. or as soon thereafter as possible.
AGENDA INFORMATION
The agenda contains a brief general description of each item to be considered. The agenda and supporting documentation are available for public review no later than 72 hours prior to the meeting. The agenda can be accessed on the City's web site at www.westminster-ca.gov. Live video streaming of regular meetings and an archive of agendas and minutes are also available on the City's website. Visit https://westminsterca.granicus.com/ViewPublisher.php?view_id=2 to subscribe to agenda notifications.
ATTENDANCE AND PARTICIPATION BY THE PUBLIC
MEMBERS OF THE PUBLIC MAY VIEW THE MEETING LIVE IN ONE OF THE FOLLOWING WAYS:
• In Person
• City of Westminster YouTube Channel
• City of Westminster Streaming Video Online
• Westminster WTV: Spectrum Channel 3, Frontier FiOS Channel 42, and AT&T U - Verse Channel 99
• Zoom (see instructions on next page)
AGENDA
May 11, 2022
City Council
Regular Meeting Page 2
To view the meeting via Zoom, please visit: https://us02web.zoom.us/j/86961567082 Or One tap mobile : US: +16699009128,,86961567082# or
+12532158782,,86961567082#
Or Telephone:
Dial(for higher quality, dial a number based on your current location):
US: +1 669 900 9128 or +1 253 215 8782 or +1 346 248 7799 or +1 646 558 8656 or +1 301 715 8592 or +1 312 626 6799
Webinar ID: 869 6156 7082
International numbers available: https://us02web.zoom.us/u/kb1D3hvXyl
MEMBERS OF THE PUBLIC MAY SUBMIT COMMENTS IN WRITING UP TO 24 HOURS PRIOR TO THE MEETING:
• E-mail your comments to [email protected]. • Comments received via e-mail will be provided to the City Council and be reflected in the minutes. Comments will not be read verbally at the meeting. • Your comments will become part of the official meeting record. You must provide your full name, but please do not provide any other personal information (i.e. phone numbers, addresses, etc.) that you do not want to be published.
TO SPEAK IN PERSON:
• Complete a green speaker slip that is provided at the entrance of the council chambers and submit the completed slip to City Clerk staff. • When your name is called, step up to the podium and state your name * and city of residence* (*optional) for the record.
TO SPEAK VIA ZOOM:
• TO REQUEST TO SPEAK IN ADVANCE:
o E-mail your request to speak at the meeting along with your name to [email protected].
o Make sure you are logged into Z oom prior to the start of Oral Communications or Public Hearings (if applicable).
o Those who request to speak in advance will be called first and in the order in which the requests were received by the City Clerk’s Office. Please raise your hand by clicking on the option or pressing *9 on your phone. o When your name is called, the City Clerk will enable your microphone and you must press the “unmute” button to unmute yourself. If calling from a telephone or cell phone, press *6 on your dial pad to mute and unmute. o Please state your name* and city of residence* (*optional) for the record.
AGENDA
May 11, 2022
City Council
Regular Meeting Page 3
• TO SPEAK WITHOUT AN ADVANCED REQUEST:
o Speakers must attend the Council meeting via Zoom in order to speak to the Council.
o The City Clerk will announce the start of Oral Co mmunications or comments for the Public Hearing item and ask speakers to press the “Raise Your Hand” button. If you are using a telephone and have dialed in, press *9 to raise your hand.
o When your name is called, the City Clerk will enable your microphone and you must press the “unmute” button to unmute yourself. If calling from a telephone or cell phone, press *6 on your dial pad to mute and unmute. o Please state your name* and city of residence* (*optional) for the record.
Except as specifically provided by law for closed sessions, all meetings of the City Council Agency shall be open and public. Agendas for the City Council meetings provide the public an opportunity to directly address the City Council on items of interest to the public that are within th e subject matter jurisdiction of the City Council on any agenda items. NO action may be taken on items not listed on the agenda unless authorized by law.
WEBSITE/TELEVISED MEETING SCHEDULE
Regular City Council meetings are broadcast live on Westminster C able Channel 3 and REBROADCAST on Monday at 5:00 p.m., Wednesday at 7:00 p.m., Friday at 7:00 a.m. and Sunday at 8:30 a.m. The City's website (www.westminster -ca.gov) provides information about viewing live and archived City Council meetings. If you have i nternet access, you can follow the meeting live with a video stream on your computer. You will also have access to an archive of recent City Council meeting agendas, videos and minutes.
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AGENDA
May 11, 2022
City Council
Regular Meeting Page 4
5:00 P.M.
CLOSED SESSION
PUBLIC COMMENTS MAY BE RECEIVED BY THE CITY COUNCIL PRIOR TO ANY ITEM TO BE CONSIDERED IN CLOSED SESSION.
CALL TO ORDER
ROLL CALL MAYOR TRI TA
VICE MAYOR MANZO
COUNCIL MEMBER DO
COUNCIL MEMBER HO
COUNCIL MEMBER NGUYEN
CLOSED SESSION
The City Council will recess to a Closed Session for the following purpose:
1. Conference with Legal Counsel pursuant to Government Code Section 54956.9(d)(1): Existing Litigation
Case: Public Employment Relations Board (PERB) Charge, Westminster Municipal Employees’ Association v. City of Westminster, Case No. LA-CE-1491
2. Conference with Legal Counsel pursuant to Government Code Section 54956.9(d)(2): Potential Litigation
No. of Cases: One (1)
3. Conference with Legal Counsel pursuant to Government Code Section 54957:
Public Employee Performance Evaluation
Title: City Manager
4. Conference with Legal Counsel pursuant to Government Code Section 54957:
Public Employee Appointment - City Manager
RECESS
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AGENDA
May 11, 2022
City Council
Regular Meeting Page 5
7:00 P.M.
RECONVENE CITY COUNCIL/SUCCESSOR AGENCY TO THE WESTMINSTER REDEVELOPMENT AGENCY MEETING:
CALL TO ORDER
ROLL CALL MAYOR TRI TA
VICE MAYOR MANZO
COUNCIL MEMBER DO
COUNCIL MEMBER HO
COUNCIL MEMBER NGUYEN
SALUTE TO FLAG Vice Mayor Carlos Manzo
INVOCATION
CITY ATTORNEY/CLOSED SESSION REPORT
EX PARTE COMMUNICATIONS
CITY CLERK REPORT
A. COVID-19 Updates from David Segura, Emergency Services Coordinator.
CITY MANAGER REPORT
1. SPECIAL PRESENTATIONS
A. Proclamation for Drowning Prevention Awareness from May to August 2022.
B. Proclamation for Mental Health Awareness Month.
C. Proclamation for Asian American and Pacific Islander Heritage Month.
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 AG ENDA OR
NON-AGENDA ITEMS THAT ARE WITHIN THE SUBJECT MATTER
JURISDICTION, EXCEPT PUBLIC HEARING ITEMS. ME MBERS 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 IN PERSON
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 AGENDA
May 11, 2022
City Council
Regular Meeting Page 6
AT THAT TIME AND STATE YOUR NAME * AND CITY OF RESIDENCE * (*OPTIONAL) FOR THE RECORD.
ANY PERSON WISHING TO ADDRESS THE CITY COU NCIL VIA ZOOM SHOULD PRESS THE “RAISE YOUR HAND” BUTTON. IF YOU ARE USING A TELEPHONE AND HAVE DIALED IN, PRESS *9 TO RAISE YOUR HAND. WHEN
YOUR NAME IS CALLED, THE CITY CLERK WILL ENABLE YOUR
MICROPHONE AND YOU MUST PRESS THE “UNMUTE” BUTTON TO UNMUTE YOURSELF. IF CALLING FROM A TELEPHONE OR CELL PHONE, PRESS *6 ON YOUR DIAL PAD TO MUTE AND UNMUTE. PLEASE STATE YOUR NAME * AND CITY OF RESIDENCE* (*OPTIONAL) 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.
WARRANT REGISTER
3.1 (City Council a nd Successor Agency) Warrant Register dated April 21, 2022 through May 4, 2022.
RECOMMENDATION: Receive and file.
ROUTINE MATTERS
3.2 Approval of Cooperative Agreement between the City of Westminster and the City of Garden Grove for Hazard Avenue Improvements Project from Ward Street to Bushard Street.
RECOMMENDATION: Staff recommends that the Mayor and City Council adopt the subject agreement with the City of Garden Grove and authori ze City’s staff to join in the construction of Hazard Avenu e from Ward Street to Bushard Street within the City of Westminster.
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AGENDA
May 11, 2022
City Council
Regular Meeting Page 7
AGREEMENTS/PURCHASE ORDERS (UNDER $500,000)
3.3 Amendment to Agreement with Mark Thomas for Engineering Design Services for the State Grant -Funded Mendez Historic Trail & Green Stree t Bikeway Project Along Hoover Street.
RECOMMENDATION: Staff recommends that the Mayor and City Council approve Amendment No. 2 in the amount of $50,3 32 for engineering design services to Mark Thomas for the state grant -funded Mendez Historic Trail & Green Street Bikeway Project Along Hoover Street.
3.4 Award of Contract to Copp Contracting, Inc. for the CDBG 21-22 Street Improvement – Project No. CDBG 21-22.
RECOMMENDATION: Staff recommends that the Mayor and City Council:
A. Approve the award of contract to the lowest responsible bidder in the amount of $438,096.80 to Copp Contracting, Inc., and that all other bids be rejected;
B. Authorize a 10% contingency in the amount of $43,809.68 for potential change orders; and
C. Authorize the Interim City Manager to execute the contract on behalf of the City, in a form approved by the City Attorney.
3.5 I.T. Security System Upgrade an d Microsoft License Renewal, and Approval of Budget Amendment for Fiscal Year 2021-2022.
RECOMMENDATION: Staff recommends that the Mayor and City Council:
A. Authorize the Interim City Manager to approve and execute all required documents to impl ement the cybersecurity deployment and system upgrades; and
B. Increase and the budget for Fiscal Year 2021-2022 to include and additional $41,600 to account No. 4450-43062; and
C. Authorize the Interim City Manager to execute the renewal for M icrosoft Licensing and any other required documents.
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AGENDA
May 11, 2022
City Council
Regular Meeting Page 8
ORDINANCES
3.6 Second Reading and Adoption of O rdinance No. 2586 to Establish a Military Equipment Use Policy for the Westminster Police Department.
RECOMMENDATION: Staff recommends that the Mayor and City Council conduct second reading and adopt Ordinance No. 2586 entitled, “AN ORDINANCE OF THE
MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER, ESTABLISHING
A MILITARY EQUIPMENT POLIC Y FOR THE CITY OF WE STMINSTER, CALIFORNIA, GOVERNING THE USE OF MILITARY EQUIPMENT,” read by title only and waive further reading.
RESOLUTIONS
3.7 Resolution to Continue Authorizing the Conduct of Remote “Telephonic” Meetings During the State of Emergency.
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 WES TMINSTER MAKING THE LEGALLY REQUIRED FINDINGS TO CONTINUE TO AUTHORIZE THE CONDUCT OF REMOTE ‘TELEPHONIC’ MEETINGS DURING THE STATE OF EMERGENCY.”
ADMINISTRATIVE ACTIONS
3.8 Adopt a Resolution Authorizing an Application for Funds from the OCTA Measure M Tier 1 Environmental Cleanup Program for the FY 2022/23 Catch Basin Screen Installation Project.
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 AUTHORIZING APPLICATION FOR FUNDS FOR THE ENVIRONMENTAL CLEANUP, TIER 1 GRANT PROGRAM UNDER TH E ORANGE COUNTY LOCAL TRANSPORTATION ORDINANCE NO. 3 FOR FY 2022/23 CATCH BASIN SCREEN INSTALLATION PROJECT.”
3.9 Acceptance of Additional Fundi ng from the County of Orange for the Family Resource Center for Fiscal Year 2022-2023.
RECOMMENDATION: Staff recommends that the Mayor and City Council:
A. Approve the amended agreement for additional funding in the amount of $158,300 from the C ounty of Orange to provide Family Resource Center services for Fiscal Year 2022-23; and
B. Authorize the Interim City Manager to execute the amended agreement on behalf of the City.
END OF CONSENT CALENDAR
AGENDA
May 11, 2022
City Council
Regular Meeting Page 9
4. PUBLIC HEARINGS - None.
5. REGULAR BUSINESS
5.1 Award of Contract for the Westminster Boulevard Street I mprovements Project from Bushard Street to Magnolia Street – Project No. P – 2548.
RECOMMENDATION: Staff recommends that the Mayor and City Council:
A. Approve a budget adjustment in the amount of $549,456.38 to cover the City of Garden Grove’s p ortion (per Cooperative Agreem ent approved on April 27, 2022 by the Mayor and City Council) and increase the revenue account in Street Improvement G rants Fund, Reimbs -Other for FY 21/22 , by $549,456.38; and
B. Approve the award of contract to the lowest responsible bidder in the amount of $1,163,025.82 to R J Noble Company, and that all other bids be rejected; and
C. Authorize a 10% contingency in the amount of $116,302.58 for potenti al change orders; and
D. Authorize the Interim City Manager to ex ecute the contract on behalf of the City, in a form approved by the City Attorney.
5.2 Memorandum of Understanding (MOU) Terms Between the City an d the Westminster Municipal Employees ’ Association (WMEA), Westminster Police Officers Association (WPOA) , and Compensation Plans for Unrepresented Management, Administration and Confidential, and Executive Employees. • Late Communication – May 11, 2022
RECOMMENDATION: Staff recommends that the Mayor and City Council:
A. Adopt a Resolution entitled, “A RESOLUTION OF THE MAYOR AND CITY
COUNCIL OF THE CITY OF W ESTMINSTER PROVIDI NG FOR THE
COMPENSATION PLAN FOR THE MANAGEMENT, ADMINISTRATIVE
AND CONFIDENTIAL EMPLOYEES OF THE CITY OF WE STMINSTER
FOR THE PERIOD OF JULY 1, 2 020-JUNE 30, 2023,” amending Exhibit “A,” Salary Schedule, and modifying the compensation plan; and
B. Adopt a Resolution entitled, “A RESOLUTION OF THE MAYOR AND CITY
COUNCIL OF THE CITY OF WESTMINSTER PROVIDING FOR THE
COMPENSATION PLAN FOR THE EXECUT IVE EMPLOYEES OF THE
CITY OF WESTMINSTER FOR THE PERIOD OF JULY 1, 2020 -JUNE 30, 2023,” amending Exhibit “ A,” Salary Schedule, and modifying the compensation plan; and
AGENDA
May 11, 2022
City Council
Regular Meeting Page 10
C. Adopt a R esolution entitled, “A RESOLUTION OF T HE MAYOR AND CITY
COUNCIL OF THE CITY OF WESTMINSTER ADOPTING A
MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF
WESTMINSTER AND THE WESTMINSTER MUNICIPAL EMPLOYEES’
ASSOCIATION FOR THE PERIOD JULY 1, 2020 THROUGH AND
INCLUDING JUNE 30, 2023,” amending Exhi bit “A,” Salary Schedule, and modifying the compensation plan; and
D. Adopt a Resolution entitled, “A RESOLU TION OF THE MAYOR AND CITY
COUNCIL OF THE CITY OF WESTMINSTER ADOPTING A
MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF
WESTMINSTER AND THE WESTM INSTER POLICE OF FICERS’
ASSOCIATION FOR THE PERIOD JULY 1, 2020 THROUG H AND
INCLUDING JUNE 30, 2023,” am ending Exhibit “A, ” Salary Schedule, and modifying the compensation plan; and
E. Approve job description for Community Outreach Coordinator.
6. LEGISLATIVE ITEMS
6.1 Ordinance Establishing Regulations and Prohib iting the Unlawful Possession of Catalytic Converters in the City.
RECOMMENDATION: Staff recommends that the Mayor and City Council introduce for f irst reading an Ordinance entitled , “AN ORDI NANCE OF THE MAYOR AND CITY COUN CIL OF THE CITY OF WESTMINSTER, ADDING CHAPTER 9.77 (UNLAWFUL POSS ESSION OF CATALYTIC CONVERTERS PROHIBITED) TO TITLE 9 (PUBLIC PEACE, MORALS AND WELFARE) OF THE WESTMINSTER
MUNICIPAL CODE ESTABLISHING REGULATIONS AND PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE CIT Y,” read by title only and waive further reading.
6.2 Review of Oral Communications Policy for City Council Meetings.
RECOMMENDATION: Staff recommends that t he Mayor and City Council consider the process for oral commun ications and p rovide direction regarding the c urrent policy.
7. COMMISSION AND COMMITTEE ITEMS - None.
8. COMMENTS FROM CITY COUNCIL/AGENCY MEMBERS
(Including AB 1234 Report when required)
9. COUNCIL ADJOURNMENT
Next Regular Meeting will be held Wednesday, May 25, 2022 at 7:00 p.m.
DECLARATION: This agenda w as posted on the Bulletin Board out side of the Council Chambers, w ere completely accessible to the public; and online, at least 72 hours in advance of the City Council Meeting. /s/Lucie Colombo, CMC, Interim City Clerk