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 January 27, 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 January 27, 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(a): Existing Litigation: (one case) Case No. 30-2013-00693241 (Matthew Edinger v City of Westminster, et al). 2) Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: Property: 15172 Goldenwest Circle; City Negotiatior: 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 Real Property Negotiator pursuant to Government Code Section 54956.8: Property: APN 097-401-22; City Negotiatior: 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. RECESS: Page 2  AGENDA January 27, 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: Mayor Pro Tem Contreras 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) 16-023 Parks Improvement Project Presentation B) 16-025 Orange County Transportation Authority Presentation on Project Maintenance and Landscape Master Plan (PALM) 2. ORAL COMMUNICATIONS Page 3  AGENDA January 27, 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 16-019 (City Council/Successor Agency) Minutes of a Regular Meeting of the Westminster City Council/Successor Agency to the Westminster Redevelopment Agency on January 13, 2016. Recommendation: Approve. Sponsors: Jensen Attachments: 01/13/2016 Minutes ROUTINE MATTERS Page 4  AGENDA January 27, 2016 3.2 16-015 Cancellation of the Regularly Scheduled City Council Meeting of February 24, 2016. Recommendation: Staff recommends that the Mayor and City Council approve the cancellation of the regularly scheduled City Council meeting of February 24, 2016. Sponsors: Jensen 3.3 16-016 Acceptance of Final Tract Map Number 17782 and Subdivision Agreement for Property located at the Southeast Corner of Maple Avenue and Willow Lane. Recommendation: Staff recommends that the Mayor and City Council accept the Final Tract Map Number 17782, along with Subdivision Agreement for Tract 17782, and authorize the City Clerk to sign and seal the map. Sponsors: Youssef Attachments: Attachment 1 Attachment 2 RESOLUTIONS Page 5  AGENDA January 27, 2016 3.4 16-022 Approve the Recognized Obligation Payment Schedule 16-17. Recommendation: Staff recommends that the Chair and Agency Members of the Successor Agency to the Westminster Redevelopment Agency (SAWRA) adopt resolutions entitled “A Resolution of the Board of the Successor Agency to the Westminster Redevelopment Agency, Approving and Adopting the Recognized Obligation Payment Schedule 16-17 for the period July 1, 2016 through June 30, 2017 and Authorizing Transmittal to the Oversight Board ” and “A Resolution Of The Successor Agency To The Westminster Redevelopment Agency Approving The Transfer Of Additional Excess Bond Proceeds To The City Of Westminster”. .Body BACKGROUND/DISCUSSION: Pursuant to Dissolution Law, SAWRA must adopt a Recognized Obligation Payment Schedule (“ROPS”) in order to receive tax increment funding from the County Auditor Controller, which is used to pay debt obligations. From the time of dissolution almost four years ago, this ROPS process occurred every six months. However, on September 22, 2015, Governor Brown signed Senate Bill 107 (“SB 107”), which went into effect immediately. SB 107 made several key changes to the Health and Safety Code sections that establish the ROPS process. These changes are summarized below: Annual Submission Beginning for Fiscal Year 2016-17 Beginning in 2016, ROPS will be due to the DOF annually by February 1st, instead of biannually as in previous years. ROPS periods will cover July 1st to June 30th. Once per ROPS period, but not later than October 1st, successor agencies may submit to their oversight board and the DOF one amendment to the DOF-approved ROPS if the oversight board makes a finding that the revision is necessary for the payment of approved enforceable obligations during the second half of the ROPS period. Page 6  AGENDA January 27, 2016 Bifurcation of ROPS and Prior Period Adjustment Processes Previously, on ROPS, successor agencies provided the DOF both an itemized list of payments of enforceable obligations for the upcoming ROPS period and an itemized list of differences between actual payments and past estimated obligations for the preceding ROPS period (“Prior Period Adjustment”). SB 107 specifies that, beginning in 2018, the Prior Period Adjustment process will be handled separately from the ROPS by county auditor-controllers and on an annual basis, instead of biannually as in previous years. Successor agencies will provide information regarding their Prior Period Adjustment to county auditor-controllers on October 1, 2018, and each October 1st thereafter. The law does not specify a change to when or how the successor agencies will provide this information before October 1, 2018. DOF has indicated that they are working on a new annual Prior Period Adjustment form to be introduced during the ROPS 18-19 period. ROPS 16-17 does not include the Prior Period Adjustment tab. Administrative Cost Allowance Previously, the administrative cost allowance for each fiscal year was the greater of $250,000 or three percent of the RPTTF funding that the successor agency received during the fiscal year. Beginning in Fiscal Year 2016-17, the administrative cost allowance for each fiscal year is the greater of $250,000 or three percent of the RPTTF funding that the successor agency received during the prior fiscal year, however, it cannot exceed 50 percent of the total RPTTF funding distributed to pay enforceable obligations in the preceding fiscal year, less the administrative cost allowance and any loan repayments to the city or county. However, there is ambiguous language that states the $250,000 minimum applies unless reduced by the Oversight Board or the Successor Agency enters into an agreement with DOF. It is unclear as to how this provision will be implemented, but at this time, the three percent rule continuies to apply to SAWRA. Additionally, after the passage of SB 107, DOF now Page 7  AGENDA January 27, 2016 reclassifies litigation costs as an administrative cost, subject to the administrative cost allowance. Thus, successor agencies are no longer permitted to request litigation expenses paid from non-administrative RPTTF funding. Last and Final ROPS Beginning January 1, 2016, successor agencies may submit a Last and Final ROPS for approval by the oversight board and the DOF if all of the following conditions are met: 1. Remaining debt includes only administrative costs and enforceable obligations with set payment schedules, such as debt service, loan agreements, and contracts; 2. All remaining obligations have been previously listed on a ROPS and approved by the DOF; and 3. The successor agency has no outstanding or unresolved litigation. Once the DOF approves a successor agency’s Last and Final ROPS, the successor agency may submit up to two requests to amend it. The ROPS process must be completed by February 1, 2016 for consideration by the State Department of Finance to allow funding for stated enforceable obligations and to avoid civil penalties equal to $10,000 per day to be placed upon the City of Westminster (HSC §34711(m)(2)). Transfer of Additional Excess Bond Proceeds In addition to the annual ROPS, SAWRA is also being asked to approve the transfer of additional Excess Bond Proceeds. SAWRA and the City of Westminster (‘City”) entered into an agreement on February 26, 2015 to transfer unencumbered 2009 bond proceeds to the City to spend in accordance with bond covenants. The agreement was approved by the Oversight Board and the Department of Finance, and some proceeds have been transferred. Since that time, project costs have changed, resulting in additional Excess Bond Proceeds being available. SAWRA is being asked to approve the transfer of the Page 8  AGENDA January 27, 2016 additional funds, pursuant to the existing agreement. FISCAL IMPACT: The attached ROPS indicates obligations that require approximately $21,031,133 to be funded through the Redevelopment Property Tax Trust Fund ($14,274,610) and bond proceeds ($6,756,523) for the 2016-17 reporting period. ATTACHMENTS: Proposed ROPS 16-17 Resolution ROPS 16-17 Sponsors: Simmons Attachments: Proposed Resolution - ROPS 16-17 Westminster ROPS16-17 Proposed Resolution - Bonds ORDINANCES (SECOND READING) 3.5 16-013 Second Reading of Ordinance 2527 Amending Section 17.200.020 (Zoning District Regulations) and Section 5.08.040 (License-Denial) 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 Title 17 (Zoning Code) and Title 5 (Business Taxes, License and Regulations) of the Westminster Municipal Code prohibiting marijuana and all commercial cannabis activity.” Sponsors: Jensen Attachments: Ordinance 2527 Second Reading Page 9  AGENDA January 27, 2016 3.6 16-014 Second Reading of Ordinance No. 2528 Amending Chapter 17.310 (Landscaping) related to the City’s landscape provisions and amend the City’s Handbook of Water Efficiency Landscape Measures. Recommendation: Staff recommends that the Mayor and City Council adopt Ordinance No. 2528 entitled, “An Ordinance of the Mayor and City Council of the City of Westminster amending Title 17 (Zoning Code) of the Westminster Municipal Code related to landscape provisions: Chapter 17.310 Landscaping.” Sponsors: Jensen Attachments: Ordinance 2528 Second Reading WARRANT REGISTER 3.7 16-021 (City Council/Successor Agency) Warrant Register dated January 6, 2016 through January 19, 2016. Recommendation: Approve. Sponsors: Backs END OF CONSENT CALENDAR Page 10  AGENDA January 27, 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 11  AGENDA January 27, 2016 4.1. 16-012 Case No. 2014-95. Zone Text Amendment for the City’s Refuse and Recyclable Materials Storage Requirements Recommendation: The Planning Commission recommends that the Mayor and City Council adopt and 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.” BACKGROUND/DISCUSSION: SUMMARY BACKGROUND On August 19th, 2015, the Planning Commission initiated a Zone Text Amendment to revise the City’s refuse and recycla b l e materials storage requirements. On December 2nd, 2015, the Planning Commission recommended that the Mayor and City Council adopt an ordinance to amend the refuse and recyclable materials storage requirements through Resolution No. 15-026 (Attachment 2). Chapter 17.300.045 (Refuse and Recyclable Materials Storage Requirements) of the Westminster Municipal Code (WMC) outlines the City’s development standards for the design, placement, size and number of required trash receptacles, bins and enclosures. These solid waste standards apply differently to different land uses, such as single-family residential, multi-family residential, commercial, etc. The Midway City Sanitation District (MCSD) is responsible for the collection of solid waste (refuse, recyclables, and organics) throughout the City and the current provisions found in Chapter 17.300.045 are derived from the MCSD and therefore reflect the requirements of the MCSD. In 2014, the MCSD adopted new solid waste development standards (Attachment 3) that differ from some of the standards found in Chapter 17.300.045. For example, the new MCSD standard for the number of required bins is based in part on the frequency of collection (number of times each week that solid waste is collected from a site), whereas the City’s current provisions for the number Page 12  AGENDA January 27, 2016 of bins is based upon either the number of residential units or building area (for non-residential uses). The proposed ZTA would modify Chapter 17.300.045 of the WMC so that such provisions do not conflict with the new MCSD standards. DISCUSSION In accordance with Assembly Bill No. 341 which regulates the diversion of solid waste, and Assembly Bill No. 1826 which requires a waste management program to decrease the amount of “organic” waste which is defined by MCSD as “all types of green waste including grass and weed clippings, shrub and tree prunings, branches (less than 4 feet in diameter), leaves, plants, flowers, food scraps and food-soiled paper products;” the MCSD is required to adopt new solid and organic waste recycling development standards to comply with the requirements of AB No. 341 to increase the diversion of solid waste from 50 percent to 75 percent by 2020; and AB 1826 which requires businesses to decrease the amount of organic waste from 8 cubic yards or more to 4 cubic yards or more by the year 2017. The updated standards from the MCSD require that new commercial or industrial developments, new multi-family development projects with five (5) or more units, any changes in use or physical improvements that generate grease and/or vehicle fluids and packaging material, uses that can potentially pollute storm water, and commercial development projects that require a planning entitlement will be subject to the MCSD Commercial Solid Waste and Recycling Design and Construction Standards (attached). The updated standards contained within the MCSD Commercial Solid Waste and Recycling Design and Construction Standards require specific provisions for the number of bins, size, location, and construction of solid waste and recyclable material bins and enclosures. Additionally, the standards include the frequency of solid waste and recyclable materials collection per week. Further, staff has used this zone text amendment as an opportunity to simplify the language for the general standards for all new refuse storage areas such as requiring that enclosures match the Page 13  AGENDA January 27, 2016 architectural style and features the structures on-site; or minimizing the visibility of the refuse bins from the streets and abutting properties. Simplifying the language in the general standards will help staff better administer the code and will be more customer-service friendly as the requirements will be easier to understand. The standards for new single-family and multi-family residential projects that are 4 units or less will remain the same and is not subject to the requirements of the MCSD Commercial Solid Waste and Recycling Design and Construction Standards. FINDINGS Section 17.620.030 of the City’s Zoning Ordinance (Title 17 of the Westminster Municipal Code) states that an amendment to the Title may be approved only if all of the following findings can be made in a positive manner. 1. The proposed amendment ensures and maintains internal consistency with the goals, policies, and strategies of all elements of the General Plan and will not create any inconsistencies with this Title, in the case of a Zoning Code amendment: The proposed amendment updates the refuse and recyclable materials storage requirements for all development in commercial, industrial, single-family and multi-family residential zones to reflect the requirements of the Midway City Sanitation District. Land Use Policy IIA1-6 of the General Plan calls for the City to regularly review and update the Zoning Ordinance and other city regulations and implementation mechanisms, in order to clearly establish development standards and design criteria consistent with City policies. As such, the General Plan mandates that refuse and recyclable standards be updated as appropriate. The proposed standards ensure consistency between the goals, policies and strategies of the Community Services Issue IVC4 (Solid Waste) and will not create inconsistencies with the Zoning Code. 2. The proposed amendment would not be Page 14  AGENDA January 27, 2016 detrimental to the public interest, health, safety, convenience, or welfare of the City; and The proposed amendment reflects standards that originate from the Midway City Sanitation District. Therefore, the standards will ensure that the Zoning Code will not conflict with the requirements for the collection and storage of refuse and recyclable materials set forth by the Midway City Sanitation District. The new standards will not be detrimental to the public interest, health, safety, convenience or welfare of the City as it will ensure adequate community services of the collection and storage of solid waste for the City are properly maintained. 3. The proposed amendment is in compliance with the provisions of CEQA. The project is found to be exempt from the California Environmental Quality Act (CEQA) as the project is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. As such, the proposed amendment is not likely to change the physical environment. It merely changes the provisions for the design and construction of refuse, recyclable, and organic materials receptacles, bins and enclosures to reflect the standards set forth by the Midway City Sanitation District. PUBLIC NOTICE AND CORRESPONDENCE: A public hearing notice was published in the Westminster Journal on January 27, 2016. Notices were also posted at the City Council Chambers, City Hall, Westminster Community Services and the Library. At the completion date of this report, staff had not received any comments from any interested party. FISCAL IMPACT: Page 15  AGENDA January 27, 2016 None. ATTACHMENTS: 1) Draft Ordinance 2) Planning Commission Resolution No. 15-026 3) MCSD Solid Waste and Recycling Design and Construction Standards Sponsors: Rahbari Attachments: 2014-95 Draft Ordinance 2014-95 Planning Commission Resolution MCSD Solid Waste and Recycling Design and Construction Standards 5. REGULAR BUSINESS 5.1. 15-247 Reallocation of Water Conservation Funds from the Unallocated Penalty Water Reserve (Tier II) Fund, to Fund Additional Water Conservation Efforts and Projects Recommendation: Staff recommends that the Mayor and City Council authorize the transfer of $40,000 from the unallocated Penalty Water Reserve (Tier II) Fund, for additional water conservation efforts and projects. Sponsors: Youssef 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 16  AGENDA January 27, 2016 10. COUNCIL ADJOURNMENT: To a Regular Meeting on Wednesday, February 10, 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