Westminster — 2024-08-13

City Council

#1 Closed Session
1. Conference with Legal Counsel pursuant to\nGovernment Code Section 54956.9(d)(1): Existing Litigation\nCase: Westminster and the Successor Agency v. Siraj Hassanally, et al.\nOC Superior Court Case# 30-2022-01293334-CU-WM-CJC
#2 Closed Session
2. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8:\nProperty: 15550 Beach Blvd. Westminster, CA 92683\nCity Negotiator: City Manager Christine Cordon and Assistant City Manager Adolfo Ozaeta\nNegotiating Party: Orange Coast INFINITI, Owner Dennis Lin\nUnder Negotiations: Price and Terms of Payment
#3 Closed Session
3. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8:\nProperty: 8190 13th Street, Westminster, CA 92683\nCity Negotiator: Christine Cordon, City Manager; Adolfo Ozaeta, Assistant City Manager\nNegotiating Party: Elderly Development Westminster L.P., a California Limited Partnership\nUnder Negotiation: Price and Terms of Payment
#4 Closed Session
4. Conference with Legal Counsel pursuant to\nGovernment Code Section 54956.9 (d)(2): Potential Litigation\nNumber of Case(s): One (1)\nEvaluation of letter from County terminating the District Discretionary Funding\nAgreement between City and the County dated July 27, 2023.
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3.1 Minutes of the City Council and the Successor Agency to the Westminster\nRedevelopment Agency.\nRECOMMENDATION: Review and approve the minutes as presented for the dates listed\nbelow:\nA. June 25, 2024 (Special Meeting); and\nB. July 10, 2024 (Cancellation of Meeting); and\nC. July 24, 2024 (Cancellation of Meeting).\nWARRANT REGISTER
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3.10 Resolution Re-Establishing the Order of Business for Regular Meetings of the City\nCouncil.\nRECOMMENDATION: Adopt a Resolution entitled, “A RESOLUTION OF THE MAYOR\nAND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, RESCINDING\nRESOLUTION NO. 5217 TO REESTABLISH THE ORDER OF BUSINESS TO BE\nFOLLOWED IN REGULAR MEETINGS OF THE CITY COUNCIL.”
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3.11 Resolution to Adopt the Amended and Updated Conflict of Interest Code for the City\nof Westminster, Pursuant to the Political Reform Act of 1974.\nRECOMMENDATION: Adopt a Resolution entitled, “A RESOLUTION OF THE MAYOR\nAND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, AMENDING AND\nUPDATING THE CONFLICT-OF-INTEREST CODE FOR THE CITY OF WESTMINSTER\nFOR DESIGNATED EMPLOYEES AND OFFICIALS AND RESCINDING RESOLUTION\nNO. 5154,” pursuant to the Political Reform Act of 1974.\nEND OF CONSENT CALENDAR
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3.2 City Council and Successor Agency Warrant Registers dated June 20, 2024 through\nAugust 7, 2024.\nRECOMMENDATION: Receive and file.\nREPORTS
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3.3 Treasurer’s Report for June 2024.\nRECOMMENDATION: Receive and file the report.\nPage 8\nAUGUST 14, 2024
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3.4 City of Westminster Crime Statistics - A Second Quarter Comparison for 2023 and\n2024.\nRECOMMENDATION: Receive and file the report.\nROUTINE MATTERS
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3.5 Notice of Completion of Work Performed by COPP Contracting, Inc. for the Citywide\nResidential Street Improvements Project (Project Plan No. CDBG 23-24).\nRECOMMENDATION: Accept the subject project and authorize the City Clerk to file a Notice\nof Completion with the County Clerk-Recorder’s Office.
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3.6 Notice of Completion for Work Performed by Western State Builders, Inc. for the\nPlayground Renovation Project for Newcastle Park - Project No. P-2565.\nRECOMMENDATION: Accept the subject project and authorize the City Clerk to file a Notice\nof Completion with the County Recorder’s Office.
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3.7 Notice of Completion for Work Performed by Western State Builders, Inc. for the\nPlayground Renovation Project for Sigler Park - Project No. P-2557.\nRECOMMENDATION: Accept the subject project and authorize the City Clerk to file a Notice\nof Completion with the County Recorder’s Office.
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3.8 Acceptance of Final Parcel Map Number 2019-106 for 14541 Bushard Street.\nRECOMMENDATION: Accept Final Parcel Map Number 2019-106 and authorize the City\nClerk to sign and seal the map.\nAGREEMENT/PURCHASE ORDER (UNDER $500,000)
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3.9 Approval of Delegated Maintenance Agreement between the City of Westminster and\nthe State of California for Litter, Debris, and Fence Maintenance Along a Portion of\nBeach Boulevard.\nRECOMMENDATION:\nA. Approve the Delegated Maintenance Agreement between the City of Westminster\n(City) and the State of California, acting by and through the Department of\nTransportation (State), for litter, debris, and fence maintenance along a portion of\nBeach Boulevard; and\nB. Approve an increase to the Revenue Budget, Account Number 51500-39069 (Street\nMaintenance - Reimbursement - Other) in the amount of $25,000; and\nPage 9\nAUGUST 14, 2024\nC. Approve an increase to the Expenditure Budget, Account Number 51500-43090\n(Street Maintenance - Contractual) in the amount of $25,000.\nRESOLUTIONS
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5.1 Award of Contract for the Mendez Historic Trail & Green Street Bikeway Project\n(Mendez Freedom Trail Project) - P2499.\nRECOMMENDATION:\nA. Approve a transfer from the Gas Tax Account 55005 to a newly created CIP Project,\nAccount Number 55036-362502, “Mendez Historic Trail & Green Street Bikeway\nConstruction” in the amount of $647,109.83; and\nB. Approve the award of contract to the lowest and responsible bidder in the amount of\n$8,199,515 to KASA Construction, Inc., and that all other bids be rejected; and\nC. Authorize a 10% contingency in the amount of $819,951.50 for potential change orders;\nand\nD. Authorize the City Manager to execute the contract on behalf of the City.\nPage 10\nAUGUST 14, 2024
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5.10 Demand of Payment of GoFundMe Funds to Ms. Hsin I. Lin and Propose Investigation\nof Vice Mayor Kimberly Ho Related to Use of Her Title in Connection with the Alleged\nGoFundMe Scam to Raise Funds in the E-Bike Death of Ms. Lan My Thai in the City\nof Westminster.\nRECOMMENDATION: Consider the demand that Vice Mayor Kimberly Ho pay Ms. Hsin I.\nLin a total of $21,860.00 for funds she raised on GoFundMe and provide direction to staff to\ngenerate a letter to the District Attorney to investigate the events for alleged fraud.
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5.2 Award of Contract for the Magnolia Street Improvements Project from Edinger\nAvenue to Heil Avenue - Project Plan. No. 2566.\nRECOMMENDATION:\nA. Approve a budget allocation from Fund 214 “Street Improvements” in the amount of\n$330,008 to cover the City of Fountain Valley’s portion (per Cooperative Agreement\n#2023-09) and create a new CIP Account Number 55037-372500 “Magnolia Street\nImprovements-Coop Agr-FV”; and\nB. Increase the Revenue Account in “Street Improvement Grants Fund, Reimbs-Other”\nfor FY 24/25, by $330,008; and\nC. Approve the award of contract to the lowest and responsible bidder in the amount of\n$1,296,853 to All American Asphalt and that all other bids be rejected; and\nD. Authorize a 10% contingency in the amount of $129,685.30 for potential change\norders; and\nE. Authorize the City Manager to execute the contract on behalf of the City, in a form\napproved by the City Attorney.
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5.3 Award of Contract for the Playground Renovation Project for Tony Lam Park - Project\nNo. P-2605.\nRECOMMENDATION:\nA. Approve a budget adjustment from the Park Dedication Fund balance (Fund 200) to\na newly created CIP Project, Account Number 76502-762503, “Tony Lam Park\nPlayground Renovation,” in the amount of $142,210; and\nB. Approve the award of contract to the lowest responsible bidder in the amount of\n$294,824.00 to R.E Schultz Construction, Inc. and that all other bids be rejected; and\nC. Authorize a 10% contingency in the amount of $29,482.40 for potential change\norders; and\nD. Authorize the City Manager to execute the contract on behalf of the City, in a form\napproved by the City Attorney.\nPage 11\nAUGUST 14, 2024
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5.4 Business License Administration and Application Process Update.\nRECOMMENDATION: Receive and file this report.
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5.5 Banner Hanging Request from Garden Grove Unified School District.\nRECOMMENDATION: Consider the following options and provide staff direction:\nA. Approve the written request from Garden Grove Unified School District to hang banners\nalong Bushard Street, between Hazard Avenue and Bolsa Avenue, and along\nBrookhurst Street, between Hazard Avenue and McFadden Avenue, from September 1,\n2024, through September 1, 2025; OR\nB. Authorize a 90-day request to hang banners along Bushard Street, between Hazard\nAvenue and Bolsa Avenue, and along Brookhurst Street, between Hazard Avenue and\nMcFadden Avenue; and authorize the City Manager to extend the 90-day increments\nshould there not be any requests for banners at the location from another organization\nor agency.
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5.6 Consider Sponsorship for Midway City Sanitary District (MCSD) 85th Anniversary\nCelebration.\nRECOMMENDATION: Consider the request from Midway City Sanitary District for a City\nsponsorship for their 85th Anniversary Celebration event and provide direction regarding\napproval and amount of a sponsorship.
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5.7 Approval of Out-of-State Travel for Council Members to Attend the Association of\nCalifornia Cities - Orange County (ACC-OC) 2024 Washington, D.C. Advocacy Trip\nfrom September 16 through September 19, 2024.\nRECOMMENDATION: Consider the request from Council Members to travel to Washington\nD.C. for the 2024 AAC-OC Advocacy Trip from September 16-19, 2024, and provide\ndirection on approval.
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5.8 Authorize a Purchase Order to Aqua-Metric Sales Company for the Purchase of\nSensus Autogun Meter Reading Devices, Water Meters, and Parts for ¾”, 1”, and 2”\nCold Water Meters, and Large Meters (3” thru 6”) for FY 2024-2025.\nRECOMMENDATION: Authorize the purchase of Sensus Autogun Meter Reading Devices,\nWater Meters, and Parts from the Aqua-Metric Sales Company in the amount of $900,000\nfor Fiscal Year 2024-25.
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5.9 Resolution to Censure Councilwoman Amy Phan West, District 1.\nRECOMMENDATION: Consider a Resolution entitled, “A RESOLUTION OF THE MAYOR\nAND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, CENSURING\nCOUNCILWOMAN AMY PHAN WEST (DISTRICT 1) FOR UNACCEPTABLE CONDUCT,”\nand provide direction to adopt resolution.\nPage 12\nAUGUST 14, 2024
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6.1 Designation of Voting Delegate and Alternate(s) for 2024 Annual League of California\nCities (Cal Cities) Conference to be held in Sacramento, California.\nRECOMMENDATION: Consider and appoint one member of the City Council as the\ndelegate and up to two alternates for voting purposes at the 2024 League of California\nCities (Cal Cities) Annual Conference in Long Beach, CA.
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7.1 Appointment of 13 Members to the Youth Committee.\nRECOMMENDATION: Review and consider applications to select and appoint members to\nserve on the Youth Committee for a term expiring June 30, 2025.
#2 Order of Business 7
7.2 Appointment to the Planning Commission.\nRECOMMENDATION: Appoint one member (Vice Mayor Kimberly Ho’s appointee) to the\nPlanning Commission for a term ending December 2024, waiving other applicable\nrequirements.
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7.3 Request to Install Parking Restrictions on Monroe Street at Liberty Park Access\nDriveway - T.C. 77-123.\nRECOMMENDATION: The Traffic Commission recommends that the Mayor and City\nCouncil adopt a Resolution entitled, “A RESOLUTION OF THE MAYOR AND CITY\nCOUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, PROVIDING FOR NO\nPARKING OR STOPPING AT A CERTAIN LOCATION ON THE EAST SIDE OF MONROE\nSTREET AT 19TH STREET.”
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7.4 Introduce for First Reading an Ordinance Amending Section 10.44.050 and Adding\nSection 10.44.245 of the Westminster Municipal Code Relating to the Permit\nRequirement for the Parking of Recreational Vehicles.\nRECOMMENDATION: Introduce an Ordinance entitled, “AN ORDINANCE OF THE MAYOR\nAND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, AMENDING\nSECTION 10.44.050 (USE OF STREETS FOR STORAGE OF VEHICLES PROHIBITED),\nPage 13\nAUGUST 14, 2024\nOF CHAPTER 10.44 (STOPPING, STANDING AND PARKING) TO TITLE 10 (VEHICLES\nAND TRAFFIC) AND ADDING SECTION 10.44.245 (RECREATIONAL VEHICLE\nPARKING - PERMIT REQUIRED) OF CHAPTER 10.44 (STOPPING, STANDING AND\nPARKING) TO TITLE 10 (VEHICLES AND TRAFFIC) OF THE WESTMINSTER\nMUNICIPAL CODE RELATING TO THE PERMIT REQUIREMENT FOR THE PARKING OF\nRECREATIONAL VEHICLES AND FINDING THE ORDINANCE NOT SUBJECT TO THE\nCALIFORNIA ENVIRONMENTAL QUALITY ACT,” read by title only and waive further\nreading.