HomeMy WebLinkAboutCC MINUTES 02.06.24DocuSign Envelope ID: 09F3898C-FOBO-40BC-8ADF-OFD527AB69A6
CITY OF TUSTIN REGULAR MEETING
OF THE CITY COUNCIL
FEBRUARY 6, 2024
300 CENTENNIAL WAY, TUSTIN
COUNCIL CHAMBER
VIDEO CONFERENCE
Ryan Gallagher, Mayor Pro Tem
Letitia Clark, Council Member Austin Lumbard, Mayor Nicole Bernard, Acting City Manager
Rebecca Gomez, Council Member Erica N. Yasuda, City Clerk
Ray Schnell, Council Member David E. Kendig, City Attorney
MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL
5:30 P.M.
CALL TO ORDER — #3052 at 5:30 p.m.
ROLL CALL — City Clerk
Present: Mayor Austin Lumbard, Mayor Pro Tern Gallagher and Council
Members Rebecca Gomez and Ray Schnell
Absent: Council Member Letitia Clark
City Clerk: Erica N. Yasuda, City Clerk
Others Present: David E. Kendig, City Attorney; Nicole Bernard, Acting City Manager
PUBLIC INPUT — None
CLOSED SESSION UPDATE — City Attorney David E. Kendig: The Council will convene
to discuss Items 1-6 as they appear 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 —ANTICIPATED LITIGATION -Significant
exposure to litigation pursuant to Government Code § 54956.9(d)(2): (2 cases)
2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation
of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases)
City Council February 6, 2024
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3. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION —
Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2): (1
case) — related to the fire at the North Hangar owned by the Navy and the release of
hazardous materials therefrom
4. PUBLIC EMPLOYMENT - Cal. Gov't Code § 54957(b)(1). Title: City Manager
5. LIABILITY CLAIMS — [Government Code § 54956.95]: (3 cases)
A. Claim No. 23-02, Claim of Sidney Wu
B. Claim No. 23-17, Claim of Sidney Wu OBO: Evangelina Wu
C. Claim No. 23-63, Claim of Nicholas Solis
6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code §
54956.8]: (1 case)
A.
Property
Address/Description
APN 430-481-02, 430-481-03, 430-481-04,
430-481-05
Agency
City of Tustin
City Negotiators
Nicole Bernard, Acting City Manager and Ryan
Swiontek Acting Economic Development
Deputy Director
Negotiating Parties
Irvine Company
Under Negotiation
Price and Terms of Payment
Recessed at 5:31 p.m.
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN
PUBLIC FINANCING AUTHORITY
7:00 P.M.
CALL TO ORDER — #3052 at 7:03 p.m.
PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE —
American Legion
PRESENTATION - IEM Representatives Spencer Kostus and Colin Cummings provided a
status report regarding the Navy North Hangar.
City Council February 6, 2024
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PUBLIC INPUT —
1. Kristen Maahs
2. Nancy Spagnuolo
3. Susan Keefe
4. Deniz Erkan
5. Beatriz Velasquez
6. Lana Clay
CLOSED SESSION REPORT — City Attorney David E. Kendig: With Council Member Clark
absent, the Council unanimously denied Claims 23-02 submitted by Sidney Wu, 23-17
submitted by Sidney Wu on behalf of Evangelina Wu, and 23-63 submitted by Nicholas
Solis. Other than that, there was no reportable action.
CONSENT CALENDAR ITEMS 1-11 —
Council Member Gomez requested to pull Item No. 6
Mayor Pro Tern Gallagher requested to pull Item Nos. 5 and 11.
Public Input for the Consent Calendar — None
It was moved by Mayor Pro Tern Gallagher and seconded by Council Member Gomez to
pull Items 5, 6 and 11 and approve the balance as recommended by staff.
Roll Call Vote — City Clerk
Motion carried: 4-0
1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE
AGENDA
Motion: The City Council waived reading in full of all ordinances and resolutions on
the agenda and declared 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 JANUARY 16, 2024.
Motion: The City Council approved the Action Minutes of the Regular Meeting of the
City Council held on January 16, 2024.
3. RATIFICATION OF PAYROLL AND DEMANDS
City Council February 6, 2024
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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.
Motion: The City Council approved Payroll in the amount of $1,621,640.38 and
Demands in the amount of $12,335,505.44.
4. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE
SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT
AGENCY FOR THE QUARTER ENDING DECEMBER 31, 2023
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.
Motion: Received and filed.
5. ADOPT RESOLUTION NO. 24-04 APPROVING APPLICATION FOR GRANT
FUNDS FOR THE TUSTIN LEGACY PARK IMPROVEMENTS PROJECT
Mayor Pro Tern Gallagher commended the partnership with City staff and
Representative Petrie -Norris and invited staff to find an opportunity to recognize the
significant contribution and partnership.
Representative Petrie -Norris secured an appropriation of $750,000 for park
improvements in the FY 23/24 California state budget for the Tustin Legacy Park
Improvements Project. The California Department of Parks and Recreation is
responsible for administering this appropriation. City Council adoption of the attached
resolution approving the submittal of an application for this funding is required.
It was moved by Mayor Pro Tern Gallagher and seconded by Mayor Lumbard to
approve Resolution No. 24-04.
Roll Call Vote — City Clerk
Motion carried: 4-0
RESOLUTION NO. 24-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
APPROVING APPLICATION(S) FOR SPECIFIED GRANT FUNDS FROM THE
BUDGET ACT OF 2023, SEC. 19.561. (B) (30) $750,000 TO THE CITY OF TUSTIN,
FOR THE CITY OF TUSTIN LEGACY PARK IMPROVEMENTS
6. ADOPT RESOLUTION NO. 24-05 ORDERING THE PREPARATION OF THE
ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING
DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2024-2025
City Council February 6, 2024
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State law requires an engineering analysis each year to identify property benefits and
to levy assessments in the Tustin Landscape and Lighting District. Resolution No.
24-05 orders the preparation of the Engineer's Report for the Tustin Landscape and
Lighting District Levy of Annual Assessments for Fiscal Year 2024-2025.
Council Member Gomez and Council Member Schnell recused themselves due to a
potential conflict in real property interest.
Due to a lack of quorum, Council Member Gomez and Council Member Schnell drew
two sticks to determine who will remain at the dais to participate in the discussion.
Council Member Schnell drew the longest stick; therefore, he exited the Council
Chamber during the discussion and Council Member Gomez remained to participate
in the discussion.
It was moved by Mayor Lumbard and seconded by Council Member Gomez to adopt
Resolution No. 24-05 ordering the preparation of the Engineer's Report for the Tustin
Landscape and Lighting District Levy of Annual Assessments for Fiscal Year 2024-
2025.
Roll Call Vote — City Clerk
Motion carried: 3-0-1 (Council Member Schnell recused)
RESOLUTION NO. 24-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
ORDERING THE PREPARATION OF THE ENGINEER'S REPORT FOR THE
TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL
ASSESSMENTS FOR FISCAL YEAR 2024-2025
Council Member Schnell returned to the dais.
7. SECOND AMENDMENT TO CONTRACT WITH CR&R INCORPORATED
CR&R Incorporated (CR&R) is the City's exclusive provider for solid waste and
recycling services. The Contract between the City and CR&R allows for annual rate
increases to offset increases in the cost to provide the service. To ensure Proposition
218 compliance the City will be updating the annual rate adjustment process after a
public hearing in June 2024. Contractually, annual rate increases have been adjusted
using the Producer Price Index (PPI) for the prior calendar year. In an effort to meet
the timeline and public notification requirements of Prop 218, staff and CR&R have
agreed to amend the contract to use the October PPI to determine the rate
adjustment that will take effect on July 1, 2024, and annually thereafter.
Motion: The City Council approved the Second Amendment to Agreement for the
Collection, Transportation, Processing and Diversion of Recyclable Materials, Food
Scraps, Yard Trimmings, Wood, Construction and Demolition Debris and Other
Materials and for the Collection, Transportation and Disposal of Municipal Solid
Waste; and authorized the City Clerk and Mayor to execute the Second Amendment.
City Council February 6, 2024
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8. JOINT POWERS AUTHORITY AGREEMENT WITH THE INTEGRATED LAW AND
JUSTICE AGENCY FOR ORANGE COUNTY
Approval of a Joint Powers Authority Agreement (JPA) between the Integrated Law
& Justice Agency for Orange County (ILJAOC) and the City of Tustin in order to make
several amendments to the JPA. In addition, revisions have been made to the JPA
in order to ensure the practices of the Board conform with the requirements of the
JPA.
Motion:
Approved the recommended amendments to the Governance Document of
the ILJAOC Joint Powers Authority.
2. Directed the City Clerk to provide a minute order to the ILJAOC Recording
Secretary (Jennifer Manzella at Jennifer_manzella@ILJAOC.org), confirming
the Council's action.
9. POLICE DEPARTMENT VEHICLE PURCHASE
Four (4) marked Police Department patrol vehicles have been identified as needing
to be replaced due to excessive mileage and/or age. Staff is recommending the
purchase of four (4) 2023 Dodge Durango pursuit -rated vehicles to replace the aging
patrol vehicles.
Motion: The City Council authorized:
1. The purchase of four (4) 2023 Dodge Durango pursuit -rated vehicles from the
National Auto Fleet Group in the City of Alhambra in the amount of
$224,874.84 ($56,218.71 each) as replacements for four of the aging, high -
mileage vehicles scheduled for replacement.
2. The purchase of police equipment conversion packages for four (4) 2023
Dodge Durango pursuit -rated vehicles in the amount of $78,212.57
($19,553.14 each).
3. The purchase of graphic designs from Digital Magic Signs for four (4) 2023
Dodge Durango pursuit -rated vehicles in the amount of $2,578.59 ($644.64
each).
4. The purchase of secondary battery boxes for four (4) Dodge Durango pursuit -
rated vehicles in the amount of $763.44 ($190.86 each).
5. The purchase of one (1) Motorola APX 6500/Enh Series radio in the amount
of $14,658.31.
6. The Public Works Department to dispose of the retired surplus vehicles at the
next available public auction and credit net proceeds to the applicable City
Revenue Fund.
7. The Public Works Department to dispose of the two (2) retired 2014 Ford
Taurus unmarked vehicles. Unit#3506 (1 FAHP2MK5EG175306) and Unit
City Council February 6, 2024
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#3507 (1 FAHP2MK1 EG178784) were both replaced by the purchase of lease
vehicles during the fiscal year.
10. ADOPT RESOLUTION NO. 24-06 TO APPROVE CITY'S COMMITMENT TO
PROJECTS SUBMITTED FOR INCLUSION IN THE 2025 FEDERAL
TRANSPORTATION IMPROVEMENT PROGRAM
The Main Street Improvement project has been submitted to the Orange County
Transportation Authority (OCTA) Complete Street Program for consideration. As part
of this effort the Main Street Improvement project must also be submitted for inclusion
in the 2025 Federal Transportation Improvement Program (FTIP). City Council
adoption of Resolution No. 24-06 will certify City resources and commitment to fund
projects submitted through FTIP.
Motion: The City Council adopted Resolution No. 24-06 certifying and affirming its
commitment to fund the projects submitted for inclusion in the 2025 Federal
Transportation Improvement Program.
RESOLUTION NO. 24-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN WHICH
CERTIFIES THAT THE CITY HAS THE RESOURCES TO FUND THE PROJECTS
SUBMITTED IN THE FY 2024/25 — 2029/30 FEDERAL TRANSPORTATION
IMPROVEMENT PROGRAM AND AFFIRMS ITS COMMITMENT TO IMPLEMENT
ALL PROJECTS IN THE PROGRAM
11. PARKLAND IN -LIEU FEE WAIVER REQUEST— INTRACORP
Mayor Pro Tern Gallagher recused himself due to a campaign contribution in excess
of the limit.
On January 17, 2023, the City Council approved a General Plan Amendment, Zone
Change, Design Review, Density Bonus, Subdivision Map and Development
Agreement (DA) for Intracorp to construct 40 new residential condominiums on a
2.07-acre parcel at 17802 and 17842 Irvine Boulevard. Two (2) of the 40 units will be
set aside for affordable housing for Very Low -Income households. On January 10,
2024, Intracorp submitted a request for a waiver of the two (2) Very Low -Income units
from park in -lieu fees.
It was moved by Mayor Lumbard and seconded by Council Member Gomez to adopt
Resolution No. 24-11 approving the waiver of park in -lieu fees for the two (2) Very
Low-income units.
Roll Call Vote — City Clerk
Motion carried: 3-0-1 (Mayor Pro Tern Gallagher recused)
RESOLUTION NO. 24-11
City Council February 6, 2024
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING
A WAIVER OF PARKLAND IN -LIEU FEES FOR TWO (2) AFFORDABLE HOUSING
UNITS LOCATED AT 17802 AND 17842 IRVINE BOULEVARD
PUBLIC HEARING ITEM 12
12. RESOLUTIONS AUTHORIZING THE ISSUANCE AND SALE OF WATER
REVENUE BONDS TO FINANCE IMPROVEMENTS TO THE CITY OF TUSTIN'S
MUNICIPAL WATER ENTERPRISE AND APPROVING RELATED DOCUMENTS
AND OFFICIAL ACTIONS; AND A RESOLUTION APPROVING THE FORM AND
AUTHORIZING THE EXECUTION OF FIRST AMENDMENTS TO THE
INDENTURE OF TRUSTS DATED AS OF SEPTEMBER 1, 2016 AND FEBRUARY
1, 2020
Director of Finance Jennifer King provided a PowerPoint presentation.
Public Hearing opened at 7:50 p.m.
Public Input — None
Public Hearing closed at 7:50 p.m.
Approval by the City of Tustin ("City") and by the Tustin Public Financing Authority
("Authority") are requested to authorize the issuance of the Tustin Public Financing
Authority, Water Revenue Bonds, Series 2024 (Subordinate Lien) (the "2024
Bonds"). Approval by the City is requested to amend the Indenture of Trusts, dated
as of September 1, 2016, and February 1, 2020, by and between the City and the
Bank of New York Mellon Trust Company, N.A.
It was moved by Council Member Schnell and seconded by Mayor Pro Tern
Gallagher to
1. Adopt City Council Resolution 24-07 entitled: RESOLUTION APPROVING
PROCEEDINGS BY THE TUSTIN PUBLIC FINANCING AUTHORITY FOR
THE ISSUANCE AND SALE OF ITS TUSTIN PUBLIC FINANCING
AUTHORITY (ORANGE COUNTY, CALIFORNIA) WATER REVENUE
BONDS TO FINANCE IMPROVEMENTS TO THE CITY'S MUNICIPAL
WATER SYSTEM APPROVING THE FORM AND AUTHORIZING
EXECUTION OF RELATED DOCUMENTS AND APPROVING RELATED
OFFICIAL ACTIONS
1. The Board of Directors adopt Resolution 24-01 entitled: RESOLUTION
AUTHORIZING THE ISSUANCE AND SALE OF WATER REVENUE BONDS
TO FINANCE IMPROVEMENTS TO THE CITY OF TUSTIN'S MUNICIPAL
WATER ENTERPRISE AND APPROVING RELATED DOCUMENTS AND
OFFICIAL ACTIONS
City Council February 6, 2024
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2. The City Council adopt City Council resolution 24-08 entitled: RESOLUTION
APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF A
FIRST AMENDMENT TO THE INDENTURE OF TRUST, DATED AS OF
SEPTEMBER 1, 2016, BY AND BETWEEN THE CITY AND THE BANK OF
NEW YORK MELLON TRUST COMPANY, N.A., RELATING TO THE
$21,515,000 CITY OF TUSTIN (ORANGE COUNTY, CALIFORNIA) 2016
WATER REFUNDING REVENUE BONDS, AND A FIRST AMENDMENT TO
THE INDENTURE OF TRUST, DATED AS OF FEBRUARY 1, 2020, BY AND
BETWEEN THE CITY AND THE BANK OF NEW YORK MELLON TRUST
COMPANY, N.A., RELATING TO THE $14,910,000 CITY OF TUSTIN
(ORANGE COUNTY, CALIFORNIA) TAXABLE WATER REFUNDING
REVENUE BONDS, SERIES 2020
Roll Call Vote — City Clerk
Motion carried: 4-0
REGULAR BUSINESS ITEM 13
13. OLD TOWN TUSTIN HISTORIC VIRTUAL WALKING TOUR
Management Analyst Adrianne DiLeva provided a PowerPoint presentation.
The Community Development Department is pleased to present a new interactive
resource to the community, the Old Town Tustin Historic Virtual Walking Tour. This
self -guided walking tour features 14 historic sites throughout the Old Town area, that
takes participants on a journey through Tustin's history. As tour participants reach
each stop, historic photos and facts about the site are accessible on any mobile
device. The walking tour was created to promote interest in historic preservation in
Tustin, and to generate new excitement around the City's rich history.
To view the tour, visit www.tustinca.org/walkingtour or scan the QR code provided.
Public Input —
1. Brian Sjoberg
2. Lana Clay
The City Council received and filed the report.
COUNCIL MEMBER COMMENTS AND REPORTS
Council Member Gomez
January 18
Attended the Orange County Mosquito and Vector Control District Board meeting; reported
the following activities:
City Council February 6, 2024
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• Newly appointed members were seated; and
• The Communications Department used January to increase and improve its outreach
efforts throughout Orange County; stated the operations team focused on proactive
school inspections, underground storm drain treatments, continuing education at the
reduction of inspection and treatment sites, completed 243 of 923 proactive school
inspections; emphasized best practices and long term vector solutions; and
• Announced the February Board meeting will include an Open House event at The
District; and
• Stated recent storms have reduced mosquito activity, recommended being proactive
to check your properties to ensure all standing water is tipped out, cleaned, and
stored to prevent any future water collection; and
• Stated cold weather leads to rodents harboring in warm places, including inside BBQ
grills, under vehicles and inside homes; reminded everyone to properly cover and
store these items.
January 19
Attended the retirement party for Nina Boyd, Associate Superintendent to the Orange
County Department of Education; reported Nina spent over 40 years in public education;
stated is one of the fiercest advocates of education in Orange County.
January 25
Attended the Orange County Public Libraries Advisory Board meeting; reported newly
appointed members were seated and given an orientation; discussed the 2023 Orange
County Public Library Year in Review; reported the following 2023 library statistics:
• Over 3 million patrons visited the libraries; and
• Over 9.47 million items in multiple languages were borrowed; and
• Over 667,000 patrons attended programs, story times, book clubs, craft programs,
and other author events; and
• Over 2.4 million hours of internet usage were accessed.
January 30
Attended the Economic Development Department's New Business Reception event with
Mayor Lumbard; received great feedback from the new business owners about the
resources available to build their businesses; thanked Deputy Director of Economic
Development, Jerry Craig; Executive Coordinator, Regina Blankenhorn; and
Communications Manager, Stephanie Najera for organizing the event.
Followed up on past Senior Advisory Board meeting reports; reported the following items:
0 1,417 congregate meals served for the month of November 2023, with 18 meals
delivered to individuals and 8 people waitlisted for the Meals on Wheels program;
and
o The Senior Center had a great turn out for their Veterans Day and Thanksgiving
Brunch events; and
0 1,164 congregate meals served for the month of December 2023, with 19 meals
delivered to individuals and 8 people waitlisted for the Meals on Wheels program;
and
City Council February 6, 2024
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o The Senior Center had a great turn out for their Holiday Celebration and Birthday
Celebration events; and
Council Member Schnell
Announced there is a national blood shortage with the American Red Cross; stated he
signed up to give blood Friday, February 16, 2024; recommended individuals to give blood;
stated it is easy to setup an appointment at www.redcrossblood.org; announced March is
Red Cross Month; asked colleagues to support March as Red Cross Month as a city.
Announced was appointed to the Foothill/Eastern Transportation Corridor Agency (TCA);
was thankful to be appointed to the agency; stated TCA operates, finances, and constructs
State Routes 73, 133, 241, and 261; was assigned to joint projects for capital improvements
and the 241/91 policies and agreements ad hoc committee for the agency.
Reported has been working closely with the Tustin Chamber of Commerce and the
Marketing and Vice Chair, Jef Maddock; along with Deputy Director of Economic
Development, Jerry Craig; stated they are looking for ways to reimagine the organization
and to enhance the value the Chamber brings to Tustin businesses.
January 26
Met with the President of the Tustin Police Officers Association (TPOA); reported attempts
to meet every month or every other month with TPOA; this meeting is to see how TPOA's
members are doing and receive updates on the state of security in Tustin; reported Tustin
has a fantastic Police Department.
Announced February is Black History Month; asked everyone to reflect on the important
contributions that Black American's have made to history.
Wished everyone a happy and safe President's Day on February 19, 2024.
Mayor Pro Tem Gallagher
January 17
Attended the Orange County Sanitation District (OCSD) Board meetings; reported the Legal
Services Ad Hoc Committee continues to have procurement for legal services for OCSD;
toured the new headquarters building; is a very impressive facility.
Requested staff to investigate opening the Tustin Ranch Road and Moffett Drive as access
roads to the Legacy area.
Mayor Lumbard
January 25
Attended the Orange County Fire Authority (OCFA) Board meeting; thanked and
congratulated outgoing Chair, Vince Rossini, from the City of Villa Park; reported OCFA has
a new Chair, John O'Neill, from the City of Garden Grove and Vice Chair, Troy Bourne, from
the City of San Juan Capistrano.
City Council February 6, 2024
Meeting Minutes Page 11 of 12
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January 30
Attended the Economic Development Department's New Business Reception event with
Council Member Gomez; thanked Deputy Director of Economic Development, Jerry Craig;
Executive Coordinator, Regina Blankenhorn; and Communications Manager, Stephanie
Najera for organizing the event.
January 31
Attended the Tustin Community Foundation bi-monthly nonprofit and inter -faith forum.
UPCOMING EVENTS
February 8tn
• Sweetheart Luncheon at the Tustin Senior Center from 12:00 PM — 1:00 PM.
• Fair Housing Workshop at the Clifton C. Miller Community Center from 3:30 PM —
5:00 PM.
ADJOURNED at 8:21 p.m. The next meeting is scheduled on Tuesday, February 20, 2024,
for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.
DocuSigned by:
AU II+L1!M13ARD,
Mayor
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DocuSigned by:
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City Clerk
City Council February 6, 2024
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