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Home My WebLink About00 CC AGENDA 11-05-13 CITY OF TUSTIN JOINT REGULAR MEETING NOVEMBER 5, 2013 OF THE CITY COUNCIL, SUCCESSOR COUNCIL CHAMBER AGENCY AND HOUSING AUTHORITY Pt 0 300 CENTENNIAL WAY, TUSTIN Charles E. "Chuck" Puckett, Mayor Pro Tem Jeffrey C. Parker, City Manager John Nielsen, Councilmember Al Murray, Mayor David E. Kendig, City Attorney Rebecca "Beckie" Gomez, Councilmember Jeffrey C. Parker, City Clerk Allan Bernstein, Councilmember Pamela Arends-King, Interim City Treasurer CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2331 ATTENDANCE PUBLIC INPUT — Members of the public may address the City Council on items on the Closed Session Agenda. CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION [Government Code § 54956.9(d2)] — Department of Finance and One Case 2. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION [Government Code § 54956.9(d2)] — Two Cases 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code § 54956.8] — Four Cases 1. Property Lots 1,2,3,4,5,6,7,8,9, 10,11, II, D, Final Map 17144; Address/Description Lots 32, 34, Tentative Tract Map 17404; a portion APN's 430-27-31 and 33 and a portion of APN 430- 37-10 Agency City of Tustin NOTE: As required by Senate Bill 343, any non-confidential writings or documents provided to a majority of the City Council members regarding any item on this agenda will be made available for public inspection in the City Clerk's office located at 300 Centennial Way, Tustin, CA during normal business hours. City Negotiators Jeffrey C. Parker, City Manager, Elizabeth Binsack, Community Development Director, and John Buchanan, Deputy Director of Economic Development Negotiating Parties O.C. Property Company, LLC, represented by Rick Kaplan, Mark Smith, John Tran and Mark McGranahan, Cushman Wakefield of California, Inc., Irvine, CA. Under Negotiation Price and terms of payment 2. Property APN: 430-391-12, 430-391-09, and 430-391-03 Address/Description Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager Negotiating Parties Tustin Unified School District, represented by Gregory Franklin, Superintendent Under Negotiation Price and Terms of Payment 3. Property 14554 Newport Avenue #3, Tustin; APN 939-35-617 Address/Description Agency Tustin Housing Authority City Negotiators Jeffrey C. Parker, Executive Director; Jerry Craig, Program Manager Negotiating Parties Kevin Lam and Christina Lam Under Negotiation Price and terms of payment 4. Property 2345 Barranca Pkwy, APN: 434-021-22, Army Address/Description Reserve Center and 15 acres of the Northeast corner of Red Hill Avenue and Warner Avenue Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager, Matt West, Redevelopment Project Manager and David E. Kendig, City Attorney Negotiating Parties United States Government acting through the Department of the Army, represented by Stan Wallin, Jeremy Hollis and Cheryl Connett of the Army Corps of Engineers Under Negotiation Price and terms of payment City Council/Successor Agency/Housing Authority November 5, 2013 Meeting Agenda Page 2 of 7 JOINT REGULAR MEETING OF THE CITY COUNCIL, SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND HOUSING AUTHORITY 7:00 P.M. CALL TO ORDER — Meeting #2331 INVOCATION — Councilmember Nielsen PLEDGE OF ALLEGIANCE — Mayor Murray ROLL CALL — City Clerk CLOSED SESSION REPORT — City Attorney David E. Kendig PRESENTATIONS • Dr. Marcia Moody, Springfield College • Lisa Telles Chief Communications Officer, Transportation Corridor Agencies ORAL COMMUNICATION/PUBLIC INPUT —At this time, any member of the public may address the City Council on matters which are listed on this agenda or under the jurisdiction of the City Council. PUBLIC HEARING ITEM A public hearing provides individuals the opportunity to be heard regarding an intended action of the City Council related to land use or fees. (Agenda Item 1) 1 . ORDINANCE NO. 1435 AMENDING CERTAIN CHAPTERS OF ARTICLES 5 AND 8 OF THE TUSTIN CITY CODE AND ADOPTING THE 2013 EDITIONS OF THE CALIFORNIA BUILDING STANDARDS CODE, RELATED MODEL CODES WITH APPENDICES, AND CERTAIN SUPPLEMENTAL REGULATIONS, AND ADOPTING AMENDMENTS THERETO Every three years, the State of California Building Standards Commission City Council/Successor Agency/Housing Authority November 5, 2013 Meeting Agenda Page 3 of 7 selects and adopts new construction regulations substantially based on nationally published model codes (although some codes/regulations have not been updated by the State as noted below). Collectively, these State regulations are known as the California Code of Regulations (CCR), Title 24, Building Standards Code. State law requires the 2013 California Building Standards Code to apply to all cities within California effective January 1 , 2014. However, the State of California's Health and Safety Code permits local governments to adopt amendments to the California Building Standards Code with appropriate findings that are based upon local climactic, geological or topographical conditions that exist within their communities. In addition, each adoption cycle the Orange County Fire Authority (OCFA) and City staff work together to recommend certain amendments to the State Building Standards Code that are necessary to address local conditions in the City of Tustin. City Council approval of Ordinance Nos. 1435 would adopt the 2013 Building Standards Code with Appendices and supplemental regulations and approve the amendments recommended by the OCFA and City staff. Recommendation.- 1 . ecommendation:1 . Adopt Resolution 13-79 setting forth findings as to local climatic, geographic or topographic conditions within the City of Tustin which make it reasonably necessary to make certain amendments to the 2013 Building Standards Code; 2. Introduce and have first reading of Ordinance No. 1435 and set it for second reading at the Council's November 19, 2013 meeting. RESOLUTION NO. 13-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, SETTING FORTH FINDINGS WITH RESPECT TO LOCAL CONDITIONS WITHIN THE CITY OF TUSTIN WHICH MAKE NECESSARY CERTAIN MODIFICATIONS AND CHANGES TO THE 2013 CALIFORNIA BUILDING STANDARDS CODE ORDINANCE NO. 1435 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AMENDING CERTAIN CHAPTERS OF ARTICLES 5 AND 8 OF THE TUSTIN CITY CODE AND ADOPTING THE 2013 EDITIONS OF THE CALIFORNIA BUILDING STANDARDS CODE, RELATED MODEL CODES WITH APPENDICES, AND CERTAIN SUPPLEMENTAL REGULATIONS, AND ADOPTING AMENDMENTS THERETO City Council/Successor Agency/Housing Authority November 5, 2013 Meeting Agenda Page 4 of 7 CONSENT CALENDAR ITEMS All matters listed under the Consent Calendar are considered to be routine and will be enacted by one motion without discussion. Persons wishing to speak regarding Consent Calendar matters should file a "Request to Speak" form with the City Clerk. (Agenda Items 2 through 4) 2. APPROVAL OF MINUTES — JOINT REGULAR MEETING OF THE CITY COUNCIL, SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY, FINANCING AUTHORITY AND HOUSING AUTHORITY HELD OCTOBER 15, 2013 Recommendation: That the City Council, Successor Agency and Housing Authority approve the Action Minutes of the Joint Regular Meeting of the City Council, Successor Agency to the Tustin Community Redevelopment Agency, and Housing Authority held on October 15, 2013. 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL The City Council has approved the use of Government Code Section 37208 to expedite the payment of City of Tustin and Successor Agency to the Tustin Community Redevelopment Agency obligations that are in accordance with the approved budget or continued operations authorizations. Recommendation: Approve Payroll in the amounts of $11 ,758.79 and $622,970.35; and Demands in the amount of$6,938,453.76. 4. CITY TREASURER APPOINTMENT At the October 1 , 2013 City Council meeting, this item was continued to November 5, 2013. To allow time for staff to conduct additional research and provide review, staff is recommending that the City Council continue this item to the November 19, 2013 City Council meeting. REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Items 5 and 6) City Council/Successor Agency/Housing Authority November 5, 2013 Meeting Agenda Page 5 of 7 5. SECOND AMENDMENT TO AMENDED ORANGE COUNTY FIRE AUTHORITY JOINT POWERS AGREEMENT This item is submitted to request approval of the Orange County Fire Authority's Second Amendment to the Amended Joint Powers Authority (JPA) Agreement seeking to address the equity issue. 1 . Approve and direct the City Manager to execute the submitted Second Amendment to the Amended Orange County Fire Authority JPA Agreement; and 2. Authorize the City Attorney to join in supporting the OCFA's validation action, when filed, seeking to obtain a judicial declaration of the validity of the Second Amendment to the Amended JPA Agreement. 6. COMMISSIONER INTERVIEWS AND APPOINTMENTS PROCESS This item is submitted for the Council to consider establishing procedures for City Council appointments to City commissions. Recommendation.- Establish ecommendation:Establish the following two-step process for appointments to fill future vacancies on City commissions: 1 . In the event the City receives more applicants for a commission position than there are vacancies to fill, the Mayor will appoint an ad hoc committee for each City commission. The ad hoc committee shall be made up of two Council members who will review the applications, interview the candidates, and prepare a report with a recommendation to the full Council to appoint one (or more, if more than one position is vacant) of the candidates for that commission; and 2. The Council will then consider the report and recommendation at a public meeting and determine whether to appoint the recommended individual(s) or to refer the matter back to the ad hoc committee for further review. Appointments would occur by nomination, which would be seconded, and the final vote on the appointment would be conducted by electronic roll call vote. OTHER BUSINESS/COMMITTEE REPORTS City Council/Successor Agency/Housing Authority November 5, 2013 Meeting Agenda Page 6 of 7 ADJOURNMENT — The next meeting is scheduled for Tuesday, November 19, 2013 at 5:30 p.m. for the Closed Session Meeting followed by the Regular Business Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. City Council/Successor Agency/Housing Authority November 5, 2013 Meeting Agenda Page 7 of 7