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Home My WebLink About00 CC AGENDA 12.03.13 CITY OF TUSTIN JOINT REGULAR MEETING DECEMBER 3, 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 #2333 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)] — Two Cases 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 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 Under Negotiation Price and terms of payment 4. Property Tustin Legacy Disposition Package 1 B to include sale Address/Description of Lots 8, 13, 14 and a portion of lettered lot 00000 in Tract 17404. Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager and John Buchanan, Deputy Director of Economic Development Negotiating Parties Ted McKibbin, President Standard Pacific Homes, Southern California Coastal Under Negotiation Price and terms of payment City Council/Successor Agency/Housing Authority December 3, 2013 Meeting Agenda Page 2 of 9 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 #2333 PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE — American Legion ROLL CALL — City Clerk CLOSED SESSION REPORT — City Attorney David E. Kendig PRESENTATIONS o Scouting for Food o Mayor's Overview of 2013 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 ITEMS 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 Items 1 and 2) 1 . SECOND READING AND ADOPTION OF ORDINANCE NO. 1435 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 City Council/Successor Agency/Housing Authority December 3, 2013 Meeting Agenda Page 3 of 9 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 No. 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 . Conduct a public hearing to accept public comments; and 2. At the conclusion of the public hearing, have second reading by title only and adoption of Ordinance No. 1435 (roll call vote), and waive further the reading of Ordinance No. 1435. 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); City Council/Successor Agency/Housing Authority December 3, 2013 Meeting Agenda Page 4 of 9 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 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. 2. SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESF) In 1996, AB 3229 established the Citizen's Option for Public Safety (COPS) grant program. Proceeds from the program can only be used for front line law enforcement services that may include the purchase of new equipment, hiring of additional personnel and increasing the opportunity for training of safety personnel. For FY 2013/2014, we have been notified that the Police Department is estimated to receive $100,000 in SLESF funding. The allocation for SLESF/COPS grant funds for all law enforcement agencies is being coordinated through the Orange County Sheriff's Department. All agencies have been directed to move forward with expenditure authorization while waiting for the final grant amounts to be determined. The Police Department is proposing that this year's allocation be used to staff the Crime Analyst position for an eighth consecutive year. Money remaining after funding this position, if any, will be applied to crime analysis software licensing and upgrades. In addition, there is carry-over money from the last two fiscal years. It is recommended that the money be used to purchase ATACRAIDS software for the Crime Analyst. This bill requires both a public hearing and a special fund established for these monies. Recommedation: That the City Council: City Council/Successor Agency/Housing Authority December 3, 2013 Meeting Agenda Page 5 of 9 1 . Open and close a Public Hearing; 2. Authorize usage of the funds as recommended by the Police Department; 3. Authorize the Interim Chief of Police to sign all documents related to SLESF program; and 4. Appropriate from unappropriated reserves of the Supplemental Law Enforcement Services Fund (Fund 136) in the amount of $27,400.00 for the acquisition of a five-year contract for ATACRAIDS software for the Crime Analyst. 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 3 through 7) 3. APPROVAL OF MINUTES — JOINT REGULAR MEETING OF THE CITY COUNCIL, SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND HOUSING AUTHORITY HELD NOVEMBER 19, 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 November 19, 2013. 4. 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 $10,156.46 and $628,439.22; and Demands in the amount of$ 10,074,719.39. 5. AUTHORIZATION TO SELL THE TUSTIN HOUSING AUTHORITY-OWNED AFFORDABLE MODERATE INCOME HOME AT 14554 NEWPORT AVENUE #3 City Council/Successor Agency/Housing Authority December 3, 2013 Meeting Agenda Page 6 of 9 The Tustin Housing Authority ("Authority") is seeking authorization to sell the Authority-owned affordable moderate income home at 14554 Newport Avenue, #3, to the moderate income eligible household of Kevin and Christina Lam. Recommendation.- That ecommendation:That the Tustin Housing Authority Commission ("Commission") authorize the sale of the Authority-owned affordable moderate income home at 14554 Newport Avenue, #3, for $360,000 and authorize the Housing Authority Executive Director, or his designee, to execute all documents required to complete the transaction and as recommended by the City Attorney. 6. ACCEPT IMPROVEMENTS FOR THE ANNUAL ROADWAY REHABILITATION AND CITYWIDE SIDEWALK REPAIR PROJECT FOR FY 2012-13 CIP NO. 70001 AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION Construction of the Annual Roadway Rehabilitation and Citywide Sidewalk Repair Project for FY 2012-13 CIP No. 70001 has been completed to the satisfaction of the City Engineer and the project is now ready for City Council acceptance. Recommendation: That the City Council: 1 . Adopt Resolution No. 13-93 accepting the construction of the Annual Roadway Rehabilitation and Citywide Sidewalk Repair Project CIP No. 70001 -land 2. Authorize the City Engineer to execute and file the Notice of Completion with the County Recorder's Office. RESOLUTION NO. 13-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION FOR THE ANNUAL ROADWAY REHABILITATION AND CITYWIDE SIDEWALK REPAIR PROJECT CIP NO. 70001 FOR FY 2012-2013 7. AWARD CONTRACT FOR THE TRAFFIC SIGNAL BATTERY BACKUP SYSTEM INSTALLATIONS CIP 40079 (PHASE 3) Staff is requesting that the City Council award the construction contract for the Traffic Signal Battery Backup System Installations CIP 40079 (Phase 3) to the lowest responsive/responsible bidder. City Council/Successor Agency/Housing Authority December 3, 2013 Meeting Agenda Page 7 of 9 Recommendation.- That ecommendation:That the City Council award the construction contract for the Battery Backup System Installations CIP 40079 (Phase 3) to the lowest responsive/responsible bidder, Pelagic Engineering, in the amount of $169,614.00, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Items 8 through 10) 8. AMENDING THE CITY'S CLASSIFICATION AND COMPENSATION PLANS Approval of the following actions will amend the City's Classification Plan and Compensation Plan to establish the Director of Finance as the City Treasurer and adjust the position's salary range, as approved by the City Council at the November 19, 2013 City Council meeting. Recommendation.- That ecommendation:That the City Council adopt Resolution 13-94 to amend the City's Classification and Compensation Plans. RESOLUTION NO. 13-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION AND COMPENSATION PLANS FOR THE CITY OF TUSTIN 9. ORDINANCE NO. 1439, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN ADDING SECTION 2518 TO ARTICLE 1 , CHAPTER 6, PART 2 OF THE TUSTIN CITY CODE TO EXEMPT REAL ESTATE AGENTS FROM BUSINESS LICENSE REQUIREMENTS At the City Council's November 19, 2013 meeting, the City Council directed staff to bring back modifications to the Tustin Municipal code exempting real estate agents from business license requirements. In addition, the City Council requested staff research and bring back a recommendation regarding insurance agents relative to business licenses and State law. Staff's research has concluded it is not necessary to make any further Code amendments to address the concern raised by insurance agents about their State Constitutional rights to be exempt from local business taxes. TCC Section City Council/Successor Agency/Housing Authority December 3, 2013 Meeting Agenda Page 8 of 9 2513(a) already exempts from the City's business license taxes "Nothing in this Chapter shall be deemed or construed to apply to any person transacting and carrying on any business exempt, by virtue of the Constitution or applicable statutes of the United States of America or of the State, from the amount of such taxes as are herein prescribed." As a result, to the extent an agent is already exempted under the State Constitution, City staff already possess the necessary authorization in the City Code to take administrative action to address that issue. Recommendation.- 1 . ecommendation:1 . Read by title only and waive further reading ORDINANCE NO. 1439 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN ADDING SECTION 2518 TO ARTICLE 1 , CHAPTER 6, PART 2 OF THE TUSTIN CITY CODE TO EXEMPT REAL ESTATE AGENTS FROM BUSINESS LICENSE REQUIREMENTS. 2. Bring back Ordinance No. 1439 for second reading and adoption at the December 17, 2013 City Council meeting. 10. MAYOR AND MAYOR PRO TEM SELECTION The City Council selects those members of the Council who will serve as Mayor and Mayor Pro Tem for the following year. Recommendation: Pleasure of the City Council. OTHER BUSINESS/COMMITTEE REPORTS ADJOURNMENT — The next meeting is scheduled for Tuesday, December 17, 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 December 3, 2013 Meeting Agenda Page 9 of 9