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HomeMy WebLinkAbout10 ORDINANCE NO. 1486 RELATED TO THE ESTABLISHMENT OF A BUILDING BOARD OF APPEALSAgenda Item 10 AGENDA REPORT Reviewed City Man ager �K Finance Director MEETING DATE: DECEMBER 19, 2017 TO: JEFFREY C. PARKER, CITY MANAGER FROM: ELIZABETH A. BINSACK, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: ORDINANCE NO. 1486 RELATED TO THE ESTABLISHMENT OF A BUILDING BOARD OF APPEALS SUMMARY: The Building Board of Appeals is a City Council -established Board required to hear appeals of determinations made by the City's Building Official. Currently, the Tustin Planning Commission has been assigned to perform the role of the Building Board of Appeals. Because of the technical nature of Building Official determinations, Section 113.1 of the California Building Code requires the Building Board of Appeals to be composed of members "who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction." In addition, Health and Safety Code Section 19957.5 states that appeal boards considering appeals related to "access to public accommodations by physically handicapped persons" shall include two (2) members, experienced in construction, that are physically disabled. Because members of the Planning Commission may not be technically experienced or trained in the interpretation of Building Codes, or experienced in construction, it may be more desirable to establish an independent Board of Appeals. At the 2017 Strategic Planning Workshop, the City Council suggested that staff prepare an Ordinance that would establish the Building Board of Appeals independent of the Planning Commission. The establishment of a separate Building Board of Appeals would also create an additional opportunity for Tustin residents to serve on a City Board or Commission. RECOMMENDATION: A. That the City Council introduce and have first reading of Ordinance No. 1486; and set a second reading for the next City Council meeting. B. Direct the City Clerk to advertise for citizen applicants to fill the newly established Building Board of Appeals, and to schedule City Council interviews once recruitment is complete. C. Direct the Director of Community Development to provide recommendations on applicant qualifications and level of compliance with the California Codes. FISCAL IMPACT: It is recommended that the establishment of a formal Building Board of Appeals include a stipend of $150.00 per meeting similar to that paid to Planning Commissioners, and training (approximately $2,000 per fiscal year). The City Council should, by minute order, direct staff to budget for this expense in the next budget cycle, and pay for member attendance this fiscal year with funds currently budgeted for meeting attendance. City Council Report December 19, 2017 Ordinance No. 1486 Page 2 The proposed project furthers the objectives of the following Strategic Plan goals: Goal E: Organizational Excellence and Customer Service. Improve and expand methods for responding to customer complaints and questions. Every three (3) years, the Tustin City Council adopts the California Building Standards Codes including the California Electrical Code, California Plumbing Code, California Mechanical Code, California Fire Code, etc. The California Codes regulate all aspects of building construction activities and are lengthy and technical in nature. The City has appointed Scott Fazekas, AIA, CBO as the City's Building Official. Periodically, conflicts in Code language or intent arise during plan check or construction inspection. Typically, the Building Official and project architect or engineer will concur on the intent or purpose of the Code and the project proceeds. However, whenever the Building Official reaches a determination that is not acceptable to others, the Building Official's decision may be subject to appeal. According to Section 113.2 of the 2016 California Building, appeals of a Building Official determination are limited to the following: 113.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The board shall have no authority to waive requirements of this code." The California Building Standards Codes requires such appeals to go before a Building Board of Appeals. When adopting the California Codes, the Tustin City Council approved various amendments, including an amendment to Sections 113 and 113.1 that designates the Planning Commission as Tustin's Building Board of Appeals. Staff has prepared "Board Rules and Procedures" to guide the Building Board of Appeals in conducting administrative appeals (Attachment 1). Because of the technical nature of Building Official determinations, Section 113.1 of the California Building Code requires the Building Board of Appeals to be composed of members "who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction." In addition, Health and Safety Code Section 19957.5 states that appeal boards considering appeals related to "access to public accommodations by physically handicapped persons" shall include two (2) members, experienced in construction, that are physically disabled. Because members of the Planning Commission may not be technically experienced or trained in the interpretation of Building Codes, or experienced in construction, it may be more desirable to establish an independent Board of Appeals. Staff has conducted a survey of other Orange County cities and determined that the most popular forms include the Planning Commission, the City Council and the establishment of an independent board (Attachment 2). Staff believes that an independent board is the most correct manner to comply with technical knowledge and training requirements of the Building Code. City Council Report December 19, 2017 Ordinance No. 1486 Page 3 At the recent Strategic Planning Workshop, the City Council suggested that staff prepare an Ordinance that would establish the Building Board of Appeals independent of the Planning Commission. The establishment of a separate Building Board of Appeals would also create an additional opportunity for Tustin residents to serve on a City Board or Commission. Proposed Ordinance No. 1486 amends the City's adopted revisions to the California Building Codes to remove the Planning Commission from its current role as Building Board of Appeals, and adds a new "Part 7 — BUILDING BOARD OF APPEALS" to the Tustin City Code, establishing a new Building Board of Appeals (Attachment 3). If approved, the City Clerk should be directed to advertise for citizen applicants to fill the newly established Building Board of Appeals, and to schedule City Council interviews once recruitment is complete. Also, prior to City Council consideration of the matter, the Community Development Director should review the submitted applications and provide recommendations on applicant qualifications and compliance with the California Codes. Also, staff recommends that the Planning Commission continue to act as the Building Board of Appeals is established and a quorum of members seated. PUBLIC NOTICE, CHAMBER OF COMMERCE, AND CITY ATTORNEY REVIEW: A public notice was published in the Tustin News on December 7, 2017, informing the public of the City Council public hearing for proposed Ordinance No. 1486. A copy of the staff report and proposed Ordinance No. 1486 was forwarded to the Chamber of Commerce, and City Attorney prior to the City Council's hearing on the matter. No written concerns were received from any organization or member of the community. ENVIRONMENTAL: Ordinance No. 1486 is not a "project" under the California Environmental Quality Act ("CEQX) pursuant to Section 15378(b)(2) and (5) of the CEQA Guidelines. Scott Fazekas AK NCARB, CBO Building Official e. oet45;,�- Dana L. Ogdon, AICP Assistant Director, Building Elizabeth A. Binsack Director of Community Development Attachments: 1. Building Board of Appeals Rules and Procedures 2. Survey of Orange County Cities 3. Ordinance No. 1486 Attachment 1 These Rules of Procedure are adopted pursuant to Section 113.1 of the 2013 California Building Code and Section 203.1 of the 1997 Uniform Housing Code, as amended (hereinafter referred to as the California Building Standards Code), for use by the Tustin Building Board of Appeals and the Housing Advisory and Appeals Board as the rules of procedure for conducting administrative appeals of technical Code provisions or interpretations. ARTICLE I ORGANIZATION The Building Board of Appeals for the City of Tustin and the Housing Advisory and Appeal Board (collectively referred to herein as the "Board") shall consist of five members appointed by the Tustin City Council, pursuant to Section 1571 et al of the Tustin City Code. The Building Official shall be the Secretary of the Board. A. OFFICERS: The Officers of the Board shall consist of a Chairperson and a Chair Pro Tem. The Chairperson shall preside at hearings and meetings, and subject to these rules, shall decide all points of order. The Chair Pro Tem shall preside at Board hearings or meetings when the Chairperson is absent or unable to conduct said hearings or meetings. All references to the Chairperson in these Rules of Procedure shall include the Chair Pro Tem, where appropriate. All references to the Director shall mean the Director of Community Development or his/her assigns. B. OFFICE OF THE BOARD: The Director, under the direction of the Board, shall be responsible for, and shall conduct administrative duties of the office of the Board, including but not limited to the following: supervise in the arrangement of all cases and other matters that come before the Board; conduct all official correspondence; send out all notices required by these rules and orders of the Board; prepare all decisions of the Board; attend the meetings and hearings; keep the minutes of the Board's proceedings; compile the required records; maintain the necessary files and indexes and direct all the clerical and technical work of the Board; and in particular cases, make inspection of the buildings premises, land etc., connected with the cases before the Board, and report the result of the findings at the hearing and special investigations requested by the Board. C. MEETINGS: Board meetings shall be held as needed. All Board meetings shall be open to the public. Three (3) members of the Board shall constitute a quorum for the conduct of business. D. VOTING: The concurring vote of a majority of the members of the Board present shall be necessary to reverse any order, requirement, decision or determination of any administrative official, or to decide in favor of the application any matter upon which the Board is required to pass by law. Board Rules and Procedures Page 2 ARTICLE II APPLICATION A. GENERAL: Applications for appeal shall be filed with the Tustin City Clerk during regular business hours within 30 calendar days from the date the City provides notice of the order or action of the Building Official, or Code interpretation when performing plan check or inspection, provided, however, that if the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or adjacent property and is ordered vacated and is posted as such in accordance with the applicable law, such appeal shall be filed within 10 calendar days from the date of the service of the notice and order of the Building Official. The appellant shall complete the established City application form for an appeal hearing along with submittal of the required fee in the amount set by City Council Resolution. Applications for appeal shall be made in the name of the owner of the premises affected, or by an attorney or agent with proper authorization. The Director may require such authorization in writing from the owner. Each appeal shall contain all of the following information and data that is pertinent and applicable thereto: 1. A rational explanation and principal points upon which the appeal is made, based on the specific application for which the Building Official issued a refusal, order or decision. 2. Plan, or lot plots, drawn to scale, showing the actual shape and dimensions of the lot, of the buildings and accessory buildings existing, and lines within which the proposed building is to be erected or altered, the existing and intended use of each building or part of a building, the number of families or housekeeping units each building is designed to accommodate, and such other information with regard to the lot and neighboring lots as may be deemed necessary by the Director to properly provide for the hearing of the appeal. 3. A clear and accurate description of the proposed work or use. 4. Specific reference to the section or sections of the applicable law under which it is claimed the appeal may be granted. 5. All available pertinent information shall be furnished by the appellant. All consents secured by, and copies of all notices given by the appellant, shall be filed with the Director and forwarded by the Director to the Board. 6. The Director may require of the appellant such additional information and data as is deemed reasonably necessary to fully advise the Board with reference to the appeal. Refusal or failure to comply on the part of the appellant shall be grounds for the dismissal or denial of the application by the Board. B. SCHEDULING AND NOTICING: As soon as practicable after receiving the written appeal, the Director shall fix a date, time and place for the hearing of the appeal by the Board. Such date shall be set not less than ten (10) calendar days or more than 60 calendar days from the date the appeal was filed with the City. Written notice of the time and place of the hearing shall be given at least 10 calendar days prior to the date of the hearing to the appellant. C. EFFECT OF FAILURE TO APPEAL: Failure by any person to file a timely appeal shall constitute a waiver of the right to an administrative hearing and adjudication of the notice and order or to any portion thereof, and the notice or order shall be final and binding. Board Rules and Procedures Page 3 D. SCOPE OF HEARING ON APPEAL: Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal. Pursuant to California Building Standards Code Section 113.2, an application for appeal shall be based on a claim that the true intent of the Code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions do not fully apply or an equally good or better form of construction is proposed. The Board shall have no authority to waive requirements of the Code. E. STAYING OF ORDER UNDER APPEAL: Except for vacation orders posted because of an immediately dangerous condition, and provided that the appellant timely complies with all reasonable requests for information from the Director or his/her designee so that the hearing of the appeal is not unduly delayed by the appellant, enforcement of a notice and order, determination, etc., of the Building Official shall be stayed during the time that a properly and timely filed appeal is being considered. F. EFFECT OF DENIAL: No appeal to the Board which has been denied wholly or in part shall be resubmitted, except on the grounds of new evidence or proof of a change of conditions found to be valid by the Board or unless upon remand by a court. Applications for a Rehearing shall be in writing and subject to the same rules as an original hearing. All Board decisions and findings shall be transmitted in writing to the appellant. The Building Official shall maintain a full set of records for each case. The order of the Board is not appealable, and shall be immediately final and binding. ARTICLE III ORDER OF PROCEDURE A. ORDER OF PROCEDURE: The regular order of procedure of hearings shall be: 1. Presentation of the City's position by City staff. 2. Questioning, if any, of City staff by Board members. 3. Presentation of appellant's position by appellant or its designee. 4. Questioning, if any, of appellant by Board members. 5. Presentation of information by members of the public, if any, together with questioning, of any, by members of the Board. The appellant may request that the Chairperson direct one or more relevant questions to any member of the public who addresses the Board regarding an appeal. 6. Rebuttal, if any, by City staff. 7. Comments, final questions and decision by the Board. B. HEARING OFFICER OR EXAMINER: The Board may appoint one or more Hearing Examiners or Hearing Officers ("Hearing Officer" or "Hearing Officers") or designate one or more of its members to serve as hearing officer(s) to conduct the hearing. The Hearing Officer hearing the appeal shall exercise all powers relating to the conduct of a hearing until it is submitted to the Board for decision. Whenever used in these procedures, the terms Hearing Officer and Hearing Examiner shall have the same meaning and may be used interchangeably. Board Rules and Procedures Page 4 Whenever the Board elects to appoint a Hearing Officer, said Hearing Officer shall be selected pursuant to, and shall be subject to, the Hearing Officer Guidelines established by Tustin City Code Section 1167 or such other procedures that may hereafter be adopted by the City Council. When completed, the Board shall fix a time, date and place to consider the Hearing Officer's report and proposed decision. The decision of the Board shall be based on the evidence presented to the Hearing Officer and the Hearing Officer's report. C. WITNESSES: Testimony shall be given under oath or affirmation. Testimony of witnesses may be by question and answer methods or, at the Chairperson's discretion, in statement form. D. EXHIBITS: The Director shall make sure all exhibits are marked for identification and they are offered in an orderly fashion. To the extent they are available before the hearing, copies of all exhibits shall be made available for examination by any interested person, including members of the public. Leave to file post -hearing exhibits or information may be sought at the hearing, or thereafter in writing, which may be granted by the Chairperson. In the event leave to file post - hearing exhibits or information is granted, copies shall be served upon interested parties or representatives in person or by United States mail, postage prepaid, and a signed statement that this rule has been complied with, shall be attached to or shall accompany such document submitted. If post -hearing exhibits are filed, any member of the Board may request that the Board meeting be re -opened for the purpose of asking questions about or discussing the new exhibit(s). Any such hearing shall be scheduled within 30 calendar days of the request. To the extent reasonably possible, all exhibits to be presented at the hearing by the appellant shall be presented to the Director at least seven (7) calendar days before the scheduled hearing date. The Director shall examine, mark and distribute the exhibits to the Board members and the appellant at least two (2) calendar days before the hearing. If the Board determines that exhibits that could reasonably have been presented in accordance with this provision were not timely presented, the Board may, in its sole discretion, refuse to consider such exhibits. E. EVIDENCE: Hearings shall be conducted in such a way as is calculated to result in a just and lawful determination of the issues as promptly as circumstances permit. All relevant evidence may be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule that might make the admission of such evidence improper in judicial proceedings. Irrelevant and unduly repetitious evidence shall be excluded. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in a California Superior Court. The Board shall be the judge of the relevance and materiality of evidence, including evidence that is deemed to be unduly repetitious or cumulative. The Board may require a preliminary statement of the nature of the evidence proposed to be elicited from any witness. F. CONTINUANCES: The appellant may request no more than one 30 day continuance of an appeal hearing. Any request for a continuance not made at the hearing shall be made in writing. A Board Rules and Procedures Page 5 request for a continuance shall include a reasonable basis for the request. The Board shall decide whether to grant a request for a continuance. G. ADVISEMENTS: The Board may choose to take an appeal under advisement after all testimony has been given, so that absent Board members can read the Transcript and participate in the voting. If such action is taken, the hearing shall be continued after the presentation of all of the evidence. When the hearing is reconvened, the hearing shall recommence with the discussion and decision of the Board. The Board member(s) relying on the transcript shall not communicate with the appellant, City staff or other Board members regarding the substance of the appeal before the hearing is reconvened. H. SUBPOENAS: The Board may issue subpoenas to compel the attendance and testimony of witnesses or the production of documents to the extent otherwise permitted by law. Upon failure of any witness to appear or party to produce documents, the Board may apply for a court order compelling the attendance of said witness, the giving of testimony before the Board, and the production of said document, making refusal subject to such sanctions as the court may deem appropriate. I. BRIEFS AND ORAL ARGUMENT: The Board may call for briefs, oral arguments, or both, at the conclusion of the hearing or thereafter. The Board may identify specific issues to be addressed in post hearing briefs. Copies of briefs and of replies thereto shall be served upon all parties. A signed original and four (4) conformed copies shall be filed with the Board. In the event of oral argument, all parties shall be notified and be heard, if they so desire. ARTICLE IV FINAL DISPOSITION OF AN APPEAL The Board may dismiss an appeal for lack of jurisdiction or prosecution, or may reverse, affirm, vary or modify any order, requirement, decision or determination as in its opinion ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. The final decision of any appeal shall be in writing in the form of a resolution either granting with or without conditions, modifying, or denying the application. The failure by the appellant to receive the affirmative votes of at least three (3) members of the Board to reverse or modify the appealed decision shall constitute a denial of the appeal and an affirmance of the appealed decision. A copy of the resolution containing the decision of the Board shall be mailed to the appellant. Copies of the decision shall also be mailed to any other person or organization who has made a written request for a copy and who has provided a legal mailing address. An appellant, with the consent of the Board, may withdraw his/her appeal at any time prior to the hearing of the matter. If an appeal is withdrawn prior to a decision by the Board, the appealed decision shall become final and binding. Any decision of the Board favorable to the appellant shall remain valid only as long as the information or data relating thereto are correct, and that the conditions upon which the resolution was based are maintained. Board Rules and Procedures Page 6 Any decision of the Board may be challenged in a court of competent jurisdiction within the timeframes and subject to the procedures established by California law. Attachment 2 Survey Results Building Board of Appeals City of Aliso Viejo City Council City of Anaheim Planning Commission City of Brea Independent Board City of Buena Park Independent Board City of Costa Mesa Independent Board City of Cypress City Council City of Dana Point City Council City of Fountain Valley City Manager City of Fullerton Planning Commission City of Garden Grove Independent Board City of Huntington Beach Independent Board City of Irvine Independent Board City of La Habra City Council City of La Palma City Council City of Laguna Beach Planning Commission City of Laguna Hills City Council City of Laguna Niguel City Council City of Laguna Woods Independent Board City of Lake Forest City Council City of Los Alamitos City Council City of Mission Viejo City Council City of Newport Beach Independent Board City of Orange Three Staff Members Appealable to City Council City of Placentia City Council City of Rancho Santa Margarita Planning Commission City of San Clemente Planning Commission City of San Juan Capistrano City Manager City of Santa Ana Planning Commission City of Seal Beach Independent Board City of Stanton Contractor City of Tustin Planning Commission City of Villa Park City Council City of Westminster Planning Commission City of Yorba Linda Independent Board Attachment 3 ORDINANCE NO. 1486 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ADOPTING CODE AMENDMENT 2017-007 AMENDING CHAPTER 1 OF ARTICLE 8 OF THE TUSTIN CITY CODE AND ADDING PART 7 TO CHAPTER 5 OF ARTICLE 1 OF THE TUSTIN CITY CODE RELATED TO THE ESTABLISHMENT OF A BUILDING BOARD OF APPEALS. The City Council of the City of Tustin does ordain as follows: SECTION 1. Ordinance No. 1475, amending Chapter 1, Division II (Scope and Administration) of the 2016 California Building Code is hereby amended as follows: A. Section 113 and 113.1 "General" of the 2016 California Building Code is adopted in its entirety without amendment: SECTION 2. Chapter 5 of Article 1 of the Tustin City Code is hereby amended to add Part 7 as follows: PART 7 — BUILDING BOARD OF APPEALS 1571 - BOARD ESTABLISHED In order to hear and decide appeals of orders, decisions or determinations made by the Building Official or the Fire Marshal relative to the application and interpretation of the City's building regulations or the California Building Standards Codes (Tustin City Code Chapter 8), as adopted by the City, including any plan check or inspection determination, and any other matter specified in the Tustin City Code, there shall be and is hereby created a Building and Fire Board of Appeals. For matters related to the interpretation of the 1997 Uniform Housing Code, the Building Board of Appeal shall act as the Housing Advisory and Appeals Board. 1572 - COMPOSITION The Building Board of Appeals shall consist of five (5) members, each of whom shall be both residents and registered voters of the City during all times they hold office. The Board shall consist of members who are qualified by experience and training to pass upon matters pertaining to building construction, fire protection, or standard waterworks practices. Preference in the selection of the members of the Board shall be given to those individuals who possess state licenses or certificates in the field of engineering, construction, or related professions or trades. At least two (2) members of the Board shall be physically disabled. The Building Official shall act as secretary of the Board. 1573 - APPOINTMENTS AND TERMS a. Appointment. Members of the Building Board of Appeals shall be appointed by Ordinance No. 1486 Page 2 the City Council. All members of the Board shall serve until their respective successors are appointed and qualified. b. Removal. All members of the Board shall serve at the pleasure of the City Council and may be removed upon motion of the City Council adopted by at least three (3) affirmative votes. A member of the Building Board of Appeals shall automatically be deemed removed from office upon certification of election of that member to the City Council as provided in Section 1305b of this Code, or upon the occurrence of four (4) absences from Board meetings within any twelve (12) consecutive month period, excluding any such absences as may be excused by action of the City Council. c. Terms of Office. The terms of office shall be for four (4) years commencing on the date of appointment for each office. d. Limitation on Consecutive Terms of Office. No person shall be eligible to serve more than two (2) consecutive four-year terms on the Building Board of Appeals. 1574 - COMPENSATION OF MEMBERS Members of the Building Board of Appeals shall receive compensation as prescribed by ordinance of the City Council from time to time. 1575 — BOARD RULES AND PROCEDURES The Building Board of Appeals shall, from time to time, adopt or amend Rules of Procedure pursuant to Section 113.1 of the California Building Code and Section 203.1 of the Uniform Housing Code, as amended (hereinafter referred to as the California Building Standards Code), for use by the Tustin Building Board of Appeals and the Housing Advisory and Appeals Board as the rules of procedure for conducting administrative appeals. 1576 — TIME LIMITS Applications for appeal shall be filed with the Tustin City Clerk during regular business hours within 30 calendar days from the date the City provides notice of the order or action of the Building Official, provided, however, that if the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or adjacent property and is ordered vacated and is posted as such in accordance with the applicable law, such appeal shall be filed within 10 calendar days from the date of the service of the notice and order of the Building Official. 1576 — FEES AND NOTICES Applicants for a hearing before the Building Board of Appeals shall pay a fee in Ordinance No. 1486 Page 3 the amount set by City Council resolution prior to administrative processing for any proceedings. The applicant shall complete the established City application form for an appeals hearing along with submittal of required fees. Applicants for a Building Board of Appeals hearing shall be notified at least one (1) week prior to any hearing or proceedings concerning their case. The applicant shall be given the opportunity to present his/her case at any proceedings involving their applications. 1577 — FINAL DECISION Pursuant to Section 113.1 of the California Building Code, the decision of the Building Board of Appeals shall be final. SECTION 3. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid or unconstitutional. PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Tustin on this 16th day of January, 2018. ELWYN A. MURRAY MAYOR ATTEST: ERICA N. RABE, CITY CLERK APPROVED AS TO FORM: DAVID E. KENDIG, City Attorney Ordinance No. 1486 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1486 Erica N. Rabe, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 1486 was duly and regularly introduced and read by title only at the regular meeting of the City Council held on the 19th day of December, 2017, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the 16th day of January, 2018, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: Erica N. Rabe, City Clerk