CITY OF TUSTIN REGULAR MEETING
OF THE CITY COUNCIL
Barry W. Cooper, Mayor Pro Tem
Letitia Clark, Councilmember
Ryan Gallagher, Councilmember
Rebecca Gomez, Councilmember
Austin Lumbard, Mayor
MAY 17, 2022
300 CENTENNIAL WAY, TUSTIN
Matthew S. West, City Manager
David E. Kendig, City Attorney
Erica N. Yasuda, City Clerk
AGENDA
PUBLIC INPUT INSTRUCTIONS
PUBLIC INPUT (E-COMMENT) - JOHN GARAY (ITEM 5)
PRESENTATION - ITEM 18
CALL TO ORDER – #3021
ATTENDANCE- City Clerk
PUBLIC INPUT - Members of the public may provide comments in writing, in person or in real time via Zoom to address the City Council on items on the Closed Session Agenda.
CLOSED SESSION UPDATE - City Attorney David E. Kendig
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 – ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2): (3 cases)
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (1 case)
3. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION pursuant to Government Code § 54956.9(a): (1 case) A.
Name of Claim: Matthew Howard: Case No. WCAB # ADJ13548074
4. LIABILITY CLAIMS – [Government Code § 54956.95]: (6 cases) A.
Claim of Leticia Chavez and Isaias Silva, Claim No. 21-26 B.
Claim of Laura Cervantes, Claim No. 22-14
C.
Claim of Jorge Luna, Claim No. 22-18
D.
Claim of Jennifer Valencia, Claim No. 22-12
E.
Claim of Maria Hernandez, Claim No. 22-10
F.
Claim of Lucio Hernandez, Claim No. 22-17
REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY - 7:00 P.M.
CALL TO ORDER – #3021
INVOCATION - Pastor Jorge Molina, Mariners Church
PLEDGE OF ALLEGIANCE – Council Member Gallagher
PUBLIC INPUT – At this time, any member of the public may address the Council on matters which are not on this evening’s agenda, provided the matter is within the subject matter jurisdiction of the City Council.
CLOSED SESSION REPORT – City Attorney David E. Kendig
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 1 - 17)
1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA Recommendation:
That the City Council waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.
2. APPROVAL OF MINUTES - THE REGULAR MEETING OF THE CITY COUNCIL HELD ON MAY 3, 2022.
Recommendation:
That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on May 3, 2022.
AGENDA REPORT
3. RATIFICATION OF PAYROLL AND DEMANDS
The City Council has approved the use of Government Code Section 37208 to expedite the payment of City of Tustin obligations that are in accordance with the approved budget or continued operations authorizations.
Recommendation:
It is recommended that the City Council approve Payroll in the amount of $895,231.08 and Demands in the amount of $1,871,942.80.
AGENDA REPORT
4. FINDINGS REQUIRED BY AB 361 FOR THE CONTINUED USE OF TELECONFERENCING FOR MEETINGS In order for the Council to continue to have the option to meet via teleconference during the pandemic, AB 361 requires the Council to make specified findings at least every thirty (30) days.
Recommendation:
Make the following findings by majority vote of the Council:
A. A state of emergency has been proclaimed by California's Governor due to the COVID-19 pandemic and continues in effect; and B. The Council has reconsidered the circumstances of the state of emergency; and C. State and local officials continue to recommend measures to promote social distancing to slow the spread of COVID-19.
AGENDA REPORT
5. LEGISLATIVE UPDATE
Staff and the City's consultant Townsend Public Affairs (TPA) have prepared a summary of state legislative activity.
Recommendation:
1. Take a SUPPORT IN CONCEPT position on AB 1830 (Seyarto) Planning and zoning: housing element: rezoning of sites
2. Take an OPPOSE UNLESS AMENDED position on AB 2011 (Wicks) Affordable Housing and High Road Jobs Act of 2022
3. Take a SUPPORT position on AB 2496 (Petrie-Norris) Motor vehicle inspection and maintenance program: expansion
4. Receive and file the updated legislative matrix as of May 4
5. Receive and file legislative updates prepared by TPA
AGENDA REPORT
6. FINDING AND DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT OF MATTHEW HOWARD Adoption of the attached Resolution will certify that Matthew Howard is industrially disabled from his position of Police Officer and enable CalPERS to process his industrial disability retirement.
Recommendation:
Adopt Resolution No. 22-17 finding that Police Officer Matthew Howard is industrially disabled from performing the duties of his position.
RESOLUTION NO. 22-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT MATTHEW HOWARD, A LOCAL SAFETY MEMBER, IS INDUSTRIALLY DISABLED FROM HIS DUTIES AS A POLICE OFFICER
AGENDA REPORT
7. RESOLUTION NO. 22-26 TO SUPPORT TEMPORARY GAS TAX SUSPENSION WITH NO LOSS OF REVENUE TO LOCAL MUNICIPALITIES Proposed Resolution No. 22-26 supports a temporary gas tax suspension to address the rising fuel costs impacting our community and to protect funding for the City's roads and infrastructure.
Recommendation:
Adopt Resolution No. 22-26 and direct staff to send the executed document to State and local elected officials.
RESOLUTION 22-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA REQUESTNG A TEMPORARY, SIX MONTH, GAS TAX SUSPENSION
AGENDA REPORT
8. CONTRACTOR SERVICES AGREEMENT – TEMPORARY SHELTER, INC The Tustin Housing Authority (“Authority”) is requesting authorization to enter into a new Contractor Services Agreement (“CSA”) with Temporary Shelter, Inc., to operate the Tustin Temporary Emergency Shelter (“TTES”) from July 1, 2022 through June 30, 2024.
Recommendation:
Authorize the City Manager and Housing Authority Executive Director to execute the Contractor Services Agreement with Temporary Shelter, Inc. to operate the Tustin Temporary Emergency Shelter.
AGENDA REPORT
9. AMENDMENT NO. 13 TO CONSULTANT SERVICES AGREEMENT WITH SO CAL SANDBAGS INC FOR PROPERTY MANAGEMENT/CARETAKER SERVICES AT TUSTIN LEGACY Amendment to existing Consultant Services Agreement (CSA) with So Cal Sandbags, Inc reflecting results of a recent Request for Proposals (RFP).
Recommendation:
It is recommended that the City Council, authorize the City Manager to execute Amendment No. 13 to the CSA with So Cal Sandbags, Inc.
AGENDA REPORT
10. ADOPT RESOLUTION NO. 22-15 TO CALL AND CONSOLIDATE THE NOVEMBER 8, 2022 GENERAL MUNICIPAL ELECTION Adoption of the proposed resolution will call the election and consolidate election services with the County of Orange.
Recommendation:
Adopt Resolution No. 22-15, ordering, calling and giving notice of a General Municipal Election to be held on Tuesday, November 8, 2022 and requesting the Board of Supervisors consolidate the election with the State’s General Election RESOLUTION NO. 22-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CALLING FOR AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF TUSTIN ON NOVEMBER 8, 2022, FOR ELECTION OF CERTAIN OFFICERS AND REQUESTING THE BOARD OF SUPERVISORS OF ORANGE COUNTY TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION WITH THE STATE’S GENERAL ELECTION.
AGENDA REPORT
11. NOVEMBER 8, 2022 GENERAL MUNICIPAL ELECTION CANDIDATE STATEMENT REGULATIONS Adoption of the proposed resolution will set the Candidate Statement regulations for the November 8, 2022 General Municipal Election.
Recommendation:
That the City Council: Adopt Resolution No. 22-16 establishing regulations for Candidate Statements to be submitted to the electorate in the November 2022 General Municipal Election.
RESOLUTION NO. 22-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR MAYOR AND CITY COUNCIL PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022
AGENDA REPORT
12. ORDINANCE ADOPTING NEW CITY LOGO AND AMENDING THE CITY CODE REGARDING CITY SEAL AND CITY LOGO An updated City Logo has been designed for the City Council’s consideration. In order to designate the new logo as the City’s official logo, the City Code will need to be amended. This item would approve the recommended amendments.
Recommendation:
That the City Council have first reading by title only of Ordinance No. 1521 entitled "An Ordinance of the City of Tustin, California, Replacing and Superseding Part 4 Of Chapter 2 Of Article 1 of the Tustin City Code Regarding the City Seal and Logo." ORDINANCE NO. 1521
AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, REPLACING AND SUPERCEDING PART 4 OF CHAPTER 2 OF ARTICLE 1 OF THE TUSTIN CITY CODE REGARDING THE CITY SEAL AND LOGO
AGENDA REPORT
13. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY FOR THE QUARTER ENDING MARCH 31, 2022 Government Code Section 53646 requires that the Treasurer make an Investment Report to the City Council at least quarterly showing balances by authorized investment and certifying its compliance with the adopted Investment Policy.
Recommendation:
Receive and file.
AGENDA REPORT
14. GENERAL BANKING SERVICES
For the past 45 years, the City has contracted with Bank of America for general banking services. GFOA recommends that governments review their financial services contracts every five years to obtain market competitive rates and to take advantage of service enhancements. In connection with a competitive procurement process and based on the advisement of the Audit Commission, it is recommended that the City enter into an agreement with Citizens Business Bank to provide general banking services, which is to yield approximately $45,700 in annual savings.
Recommendation:
It is recommended, based on the advisement of the Audit Commission, that the City Council authorize the City Manager, or designee, to execute a banking services agreement with Citizens Business Bank for an initial term of five years, with an option to extend on the same terms and conditions for an additional period of two years.
AGENDA REPORT
15. ADOPT RESOLUTION NO. 22-22 TO ACCEPT IMPROVEMENTS FOR ROADWAY REHABILITATION ON BRYAN AVENUE BETWEEN RED HILL AVENUE AND BROWNING AVENUE AND ON RED HILL AVENUE BETWEEN IRVINE BOULEVARD AND MELVIN WAY, CIP NO. 70020 AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION Construction of the Roadway Rehabilitation on Bryan Avenue from Red Hill Avenue to Browning Avenue and on Red Hill Avenue from Irvine Boulevard to Melvin Way, (CIP No. 70020), has been completed to the satisfaction of the City Engineer and is now ready for City Council acceptance.
Recommendation:
It is recommended that the City Council take the following actions:
1. Adopt Resolution No. 22-22 accepting the construction of Roadway Rehabilitation on Bryan Avenue from Red Hill Avenue to Browning Avenue and on Red Hill Avenue from Irvine Boulevard to Melvin Way, (CIP No. 70020), and
2. Authorize the City Engineer to execute and file the Notice of Completion with the Orange County Recorder's Office
RESOLUTION NO. 22-22
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 ROADWAY REHABILITATION ON BRYAN AVENUE BETWEEN RED HILL AVENUE AND BROWNING AVENUE AND ON RED HILL AVENUE BETWEEN IRVINE BOULEVARD AND MELVIN WAY, CIP NO. 70020
AGENDA REPORT
16. DELEGATING AUTHORITY TO SUBMIT EMPLOYER ORIGINATED APPLICATIONS FOR INDUSTRIAL DISABILITY RETIREMENT TO CALPERS Adoption of the attached Resolution will allow staff to submit Employer Originated Applications for Industrial Disability Retirement to CalPERS.
Recommendation:
Adopt Resolution No. 22-24 to delegate authority to staff to file Employer Originated Applications for Industrial Disability Retirement to CalPERS. RESOLUTION NO. 22-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DELEGATING AUTHORITY TO SUBMIT EMPLOYER ORIGINATED DISABILITY RETIREMENT APPLICATIONS TO CALPERS
AGENDA REPORT
17. BODY WORN CAMERA REPLACEMENT
The Tustin Police Department is committed to a partnership with our business and residential community to provide the highest level of service based on trust and transparency. Body worn camera footage serves as another layer of transparency and provides unparalleled public accountability by providing a detailed and accurate account of the events as they occur. In terms of evidence collection, the cameras provide an invaluable record of statements, physical evidence and the timeline of events during crimes in progress and other critical incidents. The capture and recording of these critical incidents and police related encounters strengthens our relationship with the community through increased trust and confidence. These are some of the reasons the City of Tustin adopted the body worn camera program which was implemented in 2016.
Our last contract with WatchGuard was a five-year contract and cameras were due to be replaced last year. Due to other large-scale projects occurring at the Police Department and the fact WatchGuard's new generation cameras had just come out, we purchased the extended warranty on our existing cameras in an effort to extend the cameras usage for one more year.
Technology moves quickly and our existing body worn cameras are now six years old. Officers are currently experiencing hardware issues and are having consistent problems with battery life. WatchGuard has developed new generation cameras and are phasing out our existing cameras. This coupled with the global supply chain issues related to electronics, have made it difficult to attain replacement cameras and parts when ours are damaged in the field, break or the battery is depleted. The new generation cameras have updated features, improved hardware and longer battery life. Our officers are currently field testing these new generation body worn cameras and the reviews have been extremely positive.
In order to keep our body worn camera program operational, it has become necessary to replace our current cameras with the new generation WatchGuard body worn cameras.
Recommendation:
It is recommended the City Council:
1. Approve a supplemental appropriation in the amount of $170,740.10 from unappropriated reserves of the Equipment Replacement Fund (Fund 184).
2. Approve the acquisition of 121 Body-Worn Cameras and related equipment from WatchGuard.
AGENDA REPORT
REGULAR BUSINESS ITEM 18
18. UNLAWFUL POSSESSION OF CATALYTIC CONVERTER CITY ORDINANCE Over the past several years, thefts of catalytic converters within the City of Tustin, as well as within jurisdictions across Orange County and California as a whole, have increased dramatically. In an effort to combat the theft, transportation, and recycling of illegally obtained catalytic converters in the City of Tustin, the Police Department, in conjunction with the City Attorney’s office, is proposing a new ordinance which will make it unlawful to possess a catalytic converter that is not attached to a vehicle unless the possessor has valid documentation or other proof of lawful possession.
Recommendation:
Introduce for first reading and by title only – ORDINANCE NO. 1522 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDITION SECTION 6360 TO PART 6 OF THE TUSTIN CITY CODE ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE CITY. ORDINANCE NO. 1522 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDING SECTION 6360 TO PART 6 OF CHAPTER 3 OF ARTICLE 6 OF THE TUSTIN CITY CODE ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE CITY.
AGENDA REPORT
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCIL MEMBER COMMENTS AND REPORTS
ADJOURNMENT
- The next meeting is scheduled on Tuesday, June 7, 2022 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.