HomeMy WebLinkAbout00 CC AGENDA 5.17.22CITY OF TUSTIN REGULAR
MEETING OF THE CITY COUNCIL r
Barry W. Cooper, Mayor Pro Tem
Letitia Clark, Council Member
Ryan Gallagher, Council Member
Rebecca Gomez, Council Member
MAY 17, 2022
300 CENTENNIAL WAY,TUSTIN
COUNCIL CHAMBER AND
VIDEO CONFERENCE
Austin Lumbard, Mayor Matthew S. West, City Manager
Erica N.Yasuda, City Clerk
David E. Kendig, City Attorney
NOTICE REGARDING PUBLIC PARTICIPATION
To watch the meeting, the public may observe the meeting in person in the Council Chamber
or via the City's Granicus service at: https://www.tustinca.org/282/Meetings-Agendas or on
the local Cox Channel 851.
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1. PARTICIPATING DURING A MEETING
Community members who wish to address the City Council during a public
meeting may attend the meeting in person or join through Zoom. By joining the
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browser at https://zoom.us/join, by entering the Meeting ID and Passcode below.
Meeting ID: 940 8640 1921
Passcode: 600222
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To join to the Zoom web conference from any phone (landline or wireless), dial
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City Council May 17, 2022
Meeting Agenda Page 1 of 10
When prompted use the below Meeting ID and Passcode:
Meeting ID: 940 8640 1921
Passcode: 600222
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time to speak.
When requested by the City Clerk, call-in users can unmute and mute their
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2. PROVIDE WRITTEN COMMENTS THROUGH THE E -COMMENT SYSTEM
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A. To submit an e -comment on an upcoming meeting agenda go to
https://tustin.granicusideas.com/meetings?scope=upcoming and
select the agenda item.
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c. Comments related to a particular agenda item will only be
considered prior to the close of public comments on that item
d. Comments on matters that are not on the agenda may be submitted
only until the "Public Comment" portion of the agenda is concluded.
For Individuals with Disabilities: The City is dedicated to ensuring accessibility to the
meetings for those individuals with disabilities, so the City has established a process to
request a reasonable modification or accommodation consistent with the Americans with
Disabilities Act (ADA). If you would like to request a modification or accommodation due to
a disability, please call (714) 573-3025 as soon as is feasible, and identify the need and
the requested modification or accommodation. The City's ADA Coordinator or her
designee will receive the request and communicate in response to the request.
Items Distributed To The City Council Less Than 72 Hours Prior To Meeting: Pursuant to
Government Code section 54957.5, non-exempt public records that relate to one or more
open session agenda items and that are distributed to a majority of the City Council less
than seventy-two (72) hours prior to the meeting will be available for public inspection on
the electronic posting board located at 300 Centennial Way, Tustin, CA 92780.
City Council May 17, 2022
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CLOSED SESSION MEETING OF THE CITY COUNCIL
5:30 p.m.
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
City Council May 17, 2022
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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.
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.
City Council May 17, 2022
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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.
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
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
City Council May 17, 2022
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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
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
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.
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.
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
City Council May 17, 2022
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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.
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
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
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
City Council May 17, 2022
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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.
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.
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
City Council May 17, 2022
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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
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
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.
City Council May 17, 2022
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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:
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.
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.
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.
City Council May 17, 2022
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