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Home My WebLink About01 CC MINUTES 11-5-13Agenda Item 1 Reviewed: City Manager Finance Director N/A MINUTES OF THE JOINT REGULAR MEETING OF THE CITY COUNCIL, THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND HOUSING AUTHORITY NOVEMBER 5, 2013 CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2331 at 5:38 p.m. ATTENDANCE Present: Mayor Al Murray, Mayor Pro Tern Charles E. "Chuck' Puckett and Councilmembers John Nielsen, Rebecca "Beckie" Gomez and Allan Bernstein Absent: None City Clerk: Jeffrey C. Parker, City Clerk Others Present: David E. Kendig, City Attorney PUBLIC INPUT — None 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; City Council /Successor Agency /Housing Authority November 5, 2013 Minutes Page 1 of 10 Address /Description Lots 32, 34, Tentative Tract Map 17404; a portion APN's 430 -27 -31 and 33 and a portion of APN 430- 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, Principal Management Analyst 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 City Council /Successor Agency /Housing Authority November 5, 2013 Minutes Page 2 of 10 37 -10 Agency City of Tustin 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, Principal Management Analyst 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 City Council /Successor Agency /Housing Authority November 5, 2013 Minutes Page 2 of 10 Under Negotiation RECESSED at 5:39 p.m. RECONVENED at 7:04 p.m. Price and terms of payment 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 at 7:04 p.m. INVOCATION — Councilmember Nielsen PLEDGE OF ALLEGIANCE — Mayor Murray ROLL CALL — City Clerk Present: Mayor Al Murray, Mayor Pro Tern Charles E. "Chuck" Puckett and Councilmembers John Nielsen, Rebecca "Beckie" Gomez and Allan Bernstein Absent: None City Clerk: Jeffrey C. Parker, City Clerk Others Present: David E. Kendig, City Attorney CLOSED SESSION REPORT — City Attorney David E. Kendig — No reportable action PRESENTATIONS • Dr. Marcia Moody, Springfield College • Lisa Telles Chief Communications Officer, Transportation Corridor Agencies • Mayor Murray presented a Certificate of Recognition Vivian Greco, Vice President of the Pediatric - Adolescent Diabetes Research and Education (PADRE) Foundation in observance of November as American Diabetes Month City Council /Successor Agency /Housing Authority November 5, 2013 Minutes Page 3 of 10 ORAL COMMUNICATION /PUBLIC INPUT • Marc Senesac • Louise Baxter • Linda Lewis Harold Katzman PUBLIC HEARING ITEM 1 1. 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, INCLUDING: THE CALIFORNIA BUILDING CODE, 2013 EDITION, BASED ON THE 2012 INTERNATIONAL BUILDING CODE AS PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, INCLUDING THE ADMINISTRATION PROVISIONS INCLUDED IN DIVISION II OF CHAPTER 1 (TITLE 24, PART 1, VOLUMES I AND II); THE CALIFORNIA RESIDENTIAL CODE, 2013 EDITION, BASED ON THE 2012 INTERNATIONAL RESIDENTIAL CODE AS PUBLISHED BY THE INTERNATIONAL CODE COUNCIL (TITLE 24, PART 2.5); THE CALIFORNIA FIRE CODE, 2013 EDITION, BASED ON THE 2012 INTERNATIONAL FIRE CODE, INCLUDING APPENDICES A THROUGH CC, BASED ON THE 2012 INTERNATIONAL FIRE CODE (TITLE 24 PART 9); THE CALIFORNIA GREEN BUILDING STANDARDS CODE, 2013 EDITION (TITLE 24, PART 11); THE CALIFORNIA PLUMBING CODE, 2013 EDITION, BASED ON THE 2012 UNIFORM PLUMBING CODE AS PUBLISHED BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS (TITLE 24, PART 5); THE CALIFORNIA MECHANICAL CODE, 2013 EDITION, BASED ON THE 2012 UNIFORM MECHANICAL CODE AS PUBLISHED BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS (TITLE 24, PART 4); THE CALIFORNIA ELECTRICAL CODE, 2013 EDITION, BASED ON THE 2011 NATIONAL ELECTRICAL CODE AS PUBLISHED BY THE NATIONAL FIRE PROTECTION ASSOCIATION (TITLE 24, PART 3); THE CALIFORNIA HISTORICAL BUILDING CODE, 2013 EDITION, BASED ON THE 2012 INTERNATIONAL BUILDING CODE AS PUBLISHED BY THE INTERNATIONAL CODE COUNCIL (TITLE 24, PART 8); THE CALIFORNIA EXISTING BUILDING CODE 2013 EDITION, BASED ON THE 2012 INTERNATIONAL EXISTING BUILDING CODE AS PUBLISHED BY THE INTERNATIONAL CODE COUNCIL (TITLE 24, PART 10); THE UNIFORM HOUSING CODE, 1997 EDITION, AS PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; THE City Council /Successor Agency /Housing Authority November 5, 2013 Minutes Page 4 of 10 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1997 EDITION, AS PUBLISHED BY THE INTERNATIONAL CODE COUNCIL; AND THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2012 EDITION, AS PUBLISHED BY THE INTERNATIONAL CODE COUNCIL; AND ADOPTING AMENDMENTS THERETO PowerPoint presentation by Elizabeth Binsack Every three years, the State of California Building Standards Commission 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. This item was noticed as a public hearing item, however, part of the staff recommendation is for the Council to set a public hearing for the first meeting in December. It was moved by Mayor Pro Tern Puckett and seconded by Councilmember Nielsen to approve the following revised recommendation: 1. Adopt 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 2. Introduce and have first reading by title only of Ordinance 1435, and 3. Set the matter for public hearing and adoption at the regular City City Council /Successor Agency /Housing Authority November 5, 2013 Minutes Page 5 of 10 Council meeting on December 3, 2013. Motion carries: 5 -0 City Clerk Services Supervisor Erica Rabe read the title of Ordinance No. 1435 CONSENT CALENDAR ITEMS 2 -4 It was moved by Councilmember Nielsen and seconded by Mayor Pro Tern Puckett to approve the balance of the consent calendar items on the agenda as recommended by staff. Motion carried: 5 -0 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. City Council /Successor Agency /Housing Authority November 5, 2013 Minutes Page 6 of 10 REGULAR BUSINESS ITEMS 5 -6 5. SECOND AMENDMENT TO AMENDED ORANGE COUNTY FIRE AUTHORITY JOINT POWERS AGREEMENT PowerPoint presentation by Kris Concepcion, Division Chief, Orange County Fire Authority 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. It was moved by Councilmember Bernstein and seconded by to: 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. Amended motion introduced by Councilmember Gomez: Approve the recommendation and include a semi - annual update to the City Council by the City's represented Orange County Fire Authority Board Member. It was moved by Councilmember Bernstein and seconded by Mayor Pro Tern Puckett to approve the amended motion. Motion carried: 5 -0 6. COMMISSIONER INTERVIEWS AND APPOINTMENTS PROCESS This item is submitted for the Council to consider establishing procedures for City Council appointments to City commissions. It was moved by Councilmember Nielsen and seconded by Mayor Murray to maintain current process consisting of the Council interviewing all candidates and voting for individual candidates until there is a majority vote. If a large number of applications are received, the interviews will be scheduled for two meetings. Motion carried: 5 -0 City Council /Successor Agency /Housing Authority November 5, 2013 Minutes Page 7 of 10 OTHER BUSINESS /COMMITTEE REPORTS COUNCILMEMBER BERNSTEIN • Attended the Orange County Vector Control meeting on October 17; provided an update on flea -borne typhus • Attended the Association of California Cities of Orange County Legislative and Regulatory Committee meeting on October 17 • Attended the Municipal Water District of Orange County dinner to welcome new General Manager Robert Hunter on October 23 • Attended the Orange County Water District 2013 Groundwater Adventure tour on October 24 • Attended the Diemer Filtration Plant and Ozone Dedication Facility on October 25 • Attended a public forum; guest speaker was Dr. Jerry Merrill regarding the Bay - Delta project • Attended the Water Advisory Committee of Orange County meeting on November 1 • Encouraged all to read an article in the Orange County Register regarding the Delta and an article in the Tustin News regarding the Orange County Vector Control • Toured the Tustin Ranch Road with Doug Stack, Director of Public Works; congratulated Doug Stack and the Public Works Department staff COUNCILMEMBER GOMEZ • Attended the Senior Center Health and Resource Fair on October 18; well attended by the community and vendors • Attended the Tustin Art Walk on October 19; well attended • Attended the Senior Fund meeting to review audit findings on October 22; key project will be to upgrade the computer lab • Attended a special presentation for Women Veterans and screening of THE documentary "Lioness' on October 23 • Attended the Alzheimer's Walk on October 26; `Remember Tustin' was the top fundraising team for the Tustin walk raising $6,139; thanked participants; shared award which will be displayed at the Senior Center • Mentioned was unable to attend Tustin's Halloween Howl • Attended the Dinosaur Dash on November 3 • Toured the Tustin Ranch Road with Doug Stack, Director of Public Works COUNCILMEMBER NIELSEN • Due to traveling, was unable to bring committee reports; will report during the next meeting City Council /Successor Agency /Housing Authority November 5, 2013 Minutes Page 8 of 10 MAYOR PRO TEM PUCKETT • Attended the Tustin Art Walk on October 19 • Toured Tustin Ranch Road with Doug Stack, Director of Public Works; announced ribbon cutting will be held on November 23, 2013 • Attended the American Red Cross preparedness meeting • Attended the Dino Dash on November 3 • Spoke to a cub scouts group regarding citizenship on November 4 • Announced the Boys and Girls Club Annual Gala will be held on November 9; emceeing the event MAYOR MURRAY • Attended the Association of California Cities of Orange County Board of Directors meeting on October 16 • Attended the Tustin Police Department's Neighborhood and Block Captain's meeting on October 16; congratulated Chief Celano and the Police Department staff • Attended the Orange County Fire Authority Executive and Board of Directors meeting on October 17 • Attended the Aki -Home ribbon cutting • Attended the Association of California Cities of Orange County Legislative and Regulatory Committee meeting; Dr. Bernstein was in attendance • Attended the Tustin Art Walk on October 19; presented awards • Attended the Pediatric - Adolescent Diabetes Research and Education (PADRE) Foundation harvest festival • Attended the Orange County Transportation Authority Board of Directors meeting on October 21 • Attended the Safe Communities meeting at Foothill High School regarding bullying prevention on October 23; organized by Supervisor Todd Spitzer • Attended the City of Orange Mayor's Prayer breakfast • Attended the Economic Forecast Conference in Irvine • Attended the Orange County Fire Authority meeting • Attended the 'Heroes With Hearts' awards event on October 25; Mayor Pro Tern Puckett was in attendance • Announced a residential fire occurred in Tustin; thanked Orange County Fire Authority Station No. 21 for their great work in containing the damage quickly • Attended the Orange County Transportation Authority Regional Board meeting • Attended the Tustin Community Foundation Community Interfaith breakfast on October 31 • Attended Tustin's Halloween Howl on October 31; welcomed over 500 kids and awarded prizes to contest winners • Welcomed students from Beckman High School and Foothill High School from the Lion's Heart organization with Chief Celano on November 1 • Honored to welcome attendees to the Dino Dash on November 3; wife and daughter Emily participated in the 2K event • Attended the Orange County Transportation Authority Executive Board meeting City Council /Successor Agency /Housing Authority November 5, 2013 Minutes Page 9 of 10 and Regional Planning and Highways meeting on November 4 MAYOR PRO TEM PUCKETT • Announced the Tustin Mayor's Thanksgiving breakfast will be held on Thursday, November 21 at the Salvation Army Tustin Ranch Church; organized by the Tustin Community Foundation ADJOURNED at 9:03 p.m. 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 Minutes Page 10 of 10