HomeMy WebLinkAboutCC MINUTES 2.17.26Docusign Envelope ID: D7B46BFE-32AA-46EA-9D1A-4901DB95493D
CITY OF TUSTIN MEETING FEBRUARY 17, 2026
OF THE CITY COUNCIL 300 CENTENNIAL WAY, TUSTIN
COUNCIL CHAMBER
VIDEO CONFERENCE
Ray Schnell, Mayor Pro Tem
Ryan Gallagher, Council Member Austin Lumbard, Mayor Aldo E. Schindler, City Manager
Lee K. Fink, Council Member Erica N. Yasuda, City Clerk
John Nielsen. Council Member David E. Kendia, Citv Attornev
MINUTES OF THE SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL
5:30 P.M.
CALL TO ORDER — #3093 at 5:30 p.m.
ROLL CALL — City Clerk Erica N. Yasuda noted for the record that all members were
present.
PUBLIC INPUT — None
CLOSED SESSION UPDATE — City Attorney David E. Kendig: The Council convened to
discuss Item 4 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),
(e)(2), (e)(3), (e)(5): (3 cases)
2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation
of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases)
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
City Council February 17, 2026
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4. CONFERENCE WITH LEGAL COUNSEL — PENDING LITIGATION pursuant to
Cal. Gov't Code § 54956.9(d)(1): (1 case)
Amber Armbruster vs the City of Tustin
Orange County Superior Court Case No. 30-2024-01390300-CU-WT-CJC
5. LIABILITY CLAIM - [Government Code § 54956.951
Claimant: The Center for Toxicology and Environmental Health, L.L.0
Agency claimed against: City of Tustin
Recessed at 5:31 p.m.
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
6:00 P.M.
CALL TO ORDER — #3093 at 6:00 p.m.
INVOCATION — Major Ken Perine, Salvation Army Tustin Ranch Corps
PLEDGE OF ALLEGIANCE — Council Member Gallagher
PUBLIC INPUT —
1. Kate Kersten, Tustin Public Schools Foundation President
CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council took no
reportable action.
CONSENT CALENDAR 1-10 —
PUBLIC INPUT FOR CONSENT CALENDAR ITEMS — None
Council Member Nielsen requested to pull Item No. 5.
Council Member Fink requested to pull Item No. 7.
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Mayor Pro Tern Schnell requested to pull Item No. 10.
It was moved by Council Member Nielsen and seconded by Council Member Gallagher to
pull Items 5, 7 and 10 and approve the balance as recommended by staff.
Roll Call Vote — City Clerk
Motion carried: 5-0
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 FEBRUARY 3, 2026.
Motion: The City Council approved the Action Minutes of the City Council Regular
Meeting held on February 3, 2026.
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.
Motion: The City Council approved Payroll in the amount of $1,150,490.17 and
Demands in the amount of $5,793,988.62.
4. FISCAL YEAR 2024-2025 AUDIT REPORTS
The financial statement audit for the 2024-2025 fiscal year has been completed by
Davis Farr LLP, an independent Certified Public Accountant firm. The audit received
an "unmodified", or clean opinion from the auditors indicating that the City's financial
statements for the fiscal year are presented fairly. Davis Farr LLP discussed the
results of the audit with the Audit Commission on January 22, 2026.
Motion: The City Council received and filed the fiscal year 2024-2025 audit reports.
Fiscal Impact: The total contractual cost of the annual audit with Davis Farr LLP is
$46,240 and has been incorporated in the current year budget. Of this amount,
$9,248 is charged to the Water Enterprise Fund, and $36,992 is charged to the
General Fund.
5. AWARD OF CONSULTANT SERVICES AGREEMENT TO R3 CONSULTING
GROUP, INC.
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The City has an exclusive agreement with CR&R, Inc. for all residential and
commercial waste collection services, including recycling and organic material
collection services. The current agreement with CR&R, Inc. expires on March 31,
2028. Staff is recommending that the City Council approve a Consultant Services
Agreement with R3 Consulting Group, Inc., to assist in the development of a Request
for Proposals to solicit new solid waste service proposals and negotiate a new solid
waste agreement before the expiration of the current agreement.
It was moved by Council Member Nielsen and seconded by Council Member
Gallagher that the City Council:
1. Approved the Consultant Services Agreement with R3 Consulting Group and
authorized the City Manager to execute the Agreement on behalf of the City;
2. Appropriated $329,290 from the Solid Waste Fund; and
3. Authorized the City Manager to approve an amendment to the agreement of
up to ten percent (10%) of the negotiated fee, to address any unforeseen
change in the scope of work that is determined necessary.
Roll Call Vote — City Clerk
Motion carried: 5-0
Fiscal Impact: The proposed Consultant Services Agreement with R3 Consulting
Group includes a not -to -exceed total compensation amount of $329,290, unless the
City Manager amends the agreement in accordance with Recommendation 3 above.
This action will approve the agreement and appropriate $329,290 from the Solid
Waste Fund for the total cost of these services. Consistent with the 2018 agreement,
the City will be fully reimbursed for these costs upon award of the new solid waste
agreement.
6. ACCEPTANCE OF PUBLIC IMPROVEMENT AND AUTHORIZATION TO FILE
THE NOTICE OF COMPLETION FOR THE TUSTIN SPORTS PARK TURF
RENOVATION FIELD #3
The Tustin Sports Park Turf Renovation Field #3 has been completed, and the project
is now ready for City Council acceptance.
Motion: The City Council:
1. Adopted Resolution No. 26-08 accepting the Tustin Sports Park Turf
Renovation Field #3 (CIP 20093); and
2. Authorized the City Clerk to file the Notice of Completion with the County
Recorder's office.
City Council February 17, 2026
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RESOLUTION NO. 26-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUS TIN, CALIFORNIA,
ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING THE
RECORDATION OF THE NOTICE OF COMPLETION FOR THE TUS TIN SPORTS
PARK TURF RENOVATION FIELD #3 (CIP NO. 20093)
Fiscal Impact: On July 15, 2025, the City Council authorized project funding in the
amount of $664,070 as appropriated in the FY 2025/2026 Capital Improvement
Program from the Park Development Fund. The final cost of the contract was
$491,726.21, including change orders initiated by the City totaling $57,750.96 under
the original scope of work.
7. AMENDED LISTING AGREEMENT WITH CUSHMAN & WAKEFIELD FOR
MARKETING, SOLICITATION, AND NEGOTIATION SERVICES FOR
APPROXIMATELY 43 ACRES OF CITY -OWNED REAL PROPERTY WITHIN THE
TUSTIN LEGACY SPECIFIC PLAN
Amended Listing Agreement with Cushman & Wakefield to provide marketing,
solicitation, and negotiation services for approximately 43 acres of City -owned real
property within Neighborhood E (Planning Areas 9-12) and Neighborhood D South
(Planning Areas 13-14) of the Tustin Legacy Specific Plan.
It was moved by Council Member Fink and seconded by Mayor Pro Tern Schnell that
the City Council authorized the City Manager to:
1. Negotiate and execute an amended Listing Agreement with Cushman &
Wakefield for the expanded offering area described below, and including a
commission in an amount not to exceed the economic terms described below,
in a form approved by the City Attorney; and
2. Negotiate and execute subsequent amendment(s) to the Listing Agreement
provided the total commission does not exceed the economic terms described
below, and the amendment(s) are in a form approved by the City Attorney.
Roll Call Vote — City Clerk
Motion carried: 5-0
Fiscal Impact: There will be no impact to the General Fund given that commission
to a commercial real estate broker is paid from the Land Sale Proceeds fund. The
City and Cushman & Wakefield have negotiated the following commission:
Land Sale:
3.0% of gross purchase price up to the first $10,000,000.00
2.0% of gross purchase price between $10,000,000.00 to $20,000,000.00
1.0% of gross purchase price exceeding $20,000,000.00
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Ground Lease:
3.0% of the total lease payments for Years 1-10
*Commission to be capped at first 10 years of ground lease payments.
8. PARKS & RECREATION DEPARTMENT ANNUAL REPORT 2025
The Parks & Recreation Department Annual Report summarizes the Department's
activities throughout 2025.
Motion: The City Council received and filed this report.
Fiscal Impact: There was no fiscal impact associated with this item.
9. SECOND READING AND ADOPTION OF ORDINANCE NO. 1575 — CROSS
CONNECTION CONTROL
Adoption of Cross -Connection Control Ordinance No. 1575 formally establishes
regulatory authority, program requirements, and appropriate enforcement mechanisms
necessary to protect the City's potable water system from contamination due to cross -
connections and backflow events.
Motion: The City Council had second reading by title only and adoption of Ordinance
No. 1575.
ORDINANCE NO. 1575
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
ADDING SECTION 4907 TO THE TUSTIN CITY CODE INSTITUTING A
CROSSCONNECTION CONTROL PROGRAM TO PROTECT THE PUBLIC
WATER SYSTEM
Fiscal Impact: Adoption of Ordinance 1575 did not result in additional fiscal impacts.
In July 2025, the City Council approved an additional budget appropriation in the
amount of $70,000 for the program implementation costs. Ongoing program costs
are estimated at $100,000 annually and will be requested each year through the
City's budget process.
10. 10 YEAR COOPERATIVE PURCHASE AGREEMENT WITH AXON ENTERPRISE,
INC
The City of Tustin Police Department seeks City Council authorization to enter into a
ten-year cooperative purchasing agreement with Axon Enterprise, Inc. through
Sourcewell Contract No. 101223-AXN. This agreement provides a comprehensive,
integrated public safety technology platform that modernizes the Department's body -
worn camera program, in -car video systems, less -lethal devices, real-time operations
capabilities, digital evidence management, and related training and support services.
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The proposed agreement replaces fragmented and aging systems with a unified, fully
supported solution designed to improve officer safety, operational efficiency,
transparency, and service to the community. During the evaluation of FY 25-26 mid-
year request, a supplemental tool to leverage technology was also discovered in
Axon Al Era Solution, which is an integrated suite of AI -powered tools that enhances
policing by improving records and identity checks, and strengthening dispatch
operations through a voice activated Al partner that provides real-time translation
and the ability to triage non -emergency calls for service.
It was moved by Mayor Pro Tern Schnell and seconded by Mayor Lumbard that the
City Council:
1. Authorized the City Manager, or designee, to execute an Agreement with Axon
Enterprise, Inc by piggybacking on Sourcewell Contract No. 101223-AXN, in
the total amount not to exceed $8,300,000 over ten years; and
2. Authorized the City Manager, or designee, to execute a First Amendment to
the Agreement with Axon Enterprise, Inc in an additional amount not to exceed
$1,240,000 over ten years in order to add the Axon Al Era Solutions product.
Roll Call Vote — City Clerk
Motion carried: 5-0
Fiscal Impact: A total of $900,000 has been budgeted for the contract in Fiscal Year
2025-26. To fully fund the remaining contract costs for the current fiscal year, an
additional $51,000 has been requested as part of the FY 25-26 Mid -Year Budget
Review. Annual contract costs will be incorporated into future budgets for Council
consideration.
City Council February 17, 2026
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Contract Summary:
Axon Enterprise Bundle
Al Era
Total
Year 1
2026
$
826,925.26
$
123,687.63
$
950,612.89
Year 2
2027
$
826,925.26
$
123,687.65
$
950,612.91
Year 3
2028
$
826,925.26
$
123,687.65
$
950,612.91
Year 4
2029
$
826,925.26
$
123,687.65
$
950,612.91
Year 5
2030
$
826,925.26
$
123,687.65
$
950,612.91
Year 6
2031
$
826,925.26
$
123,687.65
$
950,612.91
Year 7
2032
$
826,925.26
$
123,687.65
$
950,612.91
Year 8
2033
$
826,925.26
$
123,687.65
$
950,612.91
Year 9
2034
$
826,925.26
$
123,687.65
$
950,612.91
Year 10
2035
$
826,925.44
$
123,687.65
$
950,613.09
$
8,269,252.78
$
1,236,876.48
$ 9,566,129.26
Axon Enterprise Bundle: $8,269,252.78 over ten years (approximately 87% of total
contract value).
Axon Al Era: $1,236,876.48 over ten years (approximately 13% of total contract value).
Combined 10-Year Total: $9,506,129.26.
REGULAR BUSINESS ITEM 11
11. MID -YEAR BUDGET UPDATE FOR FISCAL YEAR 2025-2026
Director of Finance, Jennifer King, and True Comp Consultant, Ira Summer, provided
a PowerPoint presentation.
The General Fund operating revenues are projected to be $3.7 million higher than
the adopted budget and General Fund operating expenditures are projected to be
$0.5 million lower than the adopted budget. This results in a $0.6 million operating
surplus as opposed to the $3.5 million operating deficit projected at the time the
budget was originally adopted in June.
This report offers two budget options for the General Fund and Land Sale Proceeds
funds. At June 30, 2026, budget option 1 retains supplemental Land Sale Proceeds
funds for a General Fund Reserve level of $31 million or 29% of General Fund
operating expenditures. Given the projected change from an operating deficit to an
operating surplus, staff recommends Budget option 2, which returns supplemental
Land Sale Proceeds funds and still maintains the General Fund's reserves at $26
million or 24% of General Fund operating expenditure.
Recessed at 7:00 p.m.
Reconvened at 7:01 p.m.
City Council February 17, 2026
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Public Input — None
It was moved by Mayor Lumbard and seconded by Mayor Pro Tern Schnell that the
City Council:
1. Directed staff to proceed with Budget option 2;
2. Approved carryover budgets and authorize supplemental appropriations and
revenues as outlined in attachment 2 to this report;
3. Adopted the "baseline" UAL Pension Funding Plan for 2027-2032, which
addresses the City's UAL obligations through mandatory contributions with a
target payoff in year 2032; additional voluntary UAL contributions may be
funded from non -recurring revenues at the City Council's discretion; re-
analyze the funding plan annually; and
4. Adopted Resolution No. 26-09, approving a Pilot Tustin Community Support
Grants Program and funding appropriation.
Roll Call Vote — City Clerk
Motion carried: 5-0
RESOLUTION NO. 26-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
APPROVING A PILOT TUSTIN COMMUNITY SUPPORT GRANTS PROGRAM
Fiscal Impact: The General Fund's Mid -Year Review projects a $0.6 million
operating surplus as opposed to a $3.5 million operating deficit from the adopted
budget. The Water Funds' Mid -Year Review projects little change from the adopted
budget. The proposed supplemental appropriations for other funds will be covered
by existing revenues and available fund balances. As for the proposed supplemental
appropriations for capital projects, they will be funded from available fund balances
or grants.
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
City Manager Aldo E. Schindler
Announced the City's Main Street and Old Town improvements are reaching a milestone,
nearing the completion of storm drain improvements on Main Street and El Camino Real,
while also preparing for parklet construction in early March; to facilitate parklet construction,
the contractor will execute lane closures on El Camino Real over two phases; staff is closely
communicating with local businesses and information regarding closures is being
distributed across City social media platforms, the City website, and onsite project signage;
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staff will continue to update the City Council and community on project progress.
City Attorney David E. Kendig
No report.
MAYOR, MAYOR PRO TEM AND COUNCIL MEMBER COMMENTS AND REPORTS
Council Member Nielsen
February 7
Attended the Paper Football Challenge XI event; emphasized it is a very serious event;
added that his team, the Tustin Host Lions Club, came in second and third the last two years
and did not do as well this year; shared that he took the win over Councilmember Fink in
the practice game.
Councilmember Fink
Thanked the Tustin Public Schools Foundation (TPSF) for attending the meeting and
presenting the City with a recognition award, topped by a ceramic dinosaur, to recognize
the City's support of the organization; added that he has sponsored the event for the last
several years and has a collection of dinosaurs himself; particularly loves the dinosaur
received from the 2020 event; announced his intent to renew his sponsorship for the 2026
Dino Dash event.
Met with the Tustin Municipal Employees Association (TMEA) Board recently; enjoys
working with municipal employees, including police and fire personnel; thankful for the
opportunity to gain perspective on their roles and work.
Highlighted the first day of Lunar New Year, February 17, and the start of Ramadan on
February 18; added a reminder to think of the Muslim community, especially when planning
events this month as they practice a ritual of fasting.
Recognized Black History Month and thanked those in our community who have contributed
to the legacy of Black History in Tustin; noted the passing of Jesse Jackson and recognized
his legacy and lifetime of advocacy.
Shared the passing of Chris Layton, former President of the Tustin Unified School District
Board; expressed his condolences to his family and friends.
Emphasized his belief in the importance of having a strategic plan in place in regard to the
citywide budget and as we approach a new budget cycle; added that the current strategic
plan is out of date and highlighted his interest in making updates in order to reference an
up-to-date five-year strategic plan when adopting future agenda items that have fiscal
impacts; is confident that updates will not be extensive when made; is hopeful updates can
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be made to align with the upcoming budget cycle.
February 7
Attended the Paper Football Challenge XI event; encouraged all in attendance to participate
in the future.
February 12
Attended a community meeting at Zov's Bistro regarding the proposed reconstruction of the
Enderle Center to be renamed Campo at 17th Street; noted he stopped in briefly for the
meeting and the restaurant space was full of attendees, expanding out to the patio; added
that the project is moving forward and there has been recent, positive feedback and
community meetings about the project; is optimistic about the future of the space and its
intent to maintain the heart of Enderle Center in the reconstruction; shared that there are
plans to build 100 residential units, which is 313 units less than the property is zoned for;
expressed his understanding for public concerns about the number of units and wished to
clarify the number; is excited to discuss the plans and encourages the public to reach out
to share their thoughts on the project.
Added that, on the subject of the Enderle Center, he has been in contact with a couple of
residents regarding the Cypress Grove project on 17th Street and Prospect Avenue;
emphasized he will be following up on comments he has received; expressed his interest
to address concerns in regard to this project on an ongoing basis; explained his desire to
minimize impacts of the project as it expands across the 17th Street corridor; is committed
to ensuring the impact of the Enderle Center and Cypress Grove projects are positive.
February 13
Visited the River Street Marketplace in San Juan Capistrano with Dan Almquist, owner of
Almquist Properties; encouraged all in attendance to visit the property; added the property
is right off the train station; commented that the River Street Marketplace is a great
reference for future developments in Tustin.
February 14
Attended the Smooches `N' Pooches event at the Bark Barracks at Tustin Legacy Park
hosted by the Parks and Recreation Department; added he attended with his beagle; was
a great event with very high attendance; commented that the dog park continues to be a
successful feature of Tustin Legacy Park; congratulated and thanked the Parks and
Recreation Department.
Council Member Gallagher
Wished all in attendance a Happy Lunar New Year; added that this is the Year of the Fire
Horse, which is predicted to be a fast, paced, dynamic year symbolizing independence,
momentum, and bold change; believes these characteristics align with some of the positive
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characteristics of City Manager Aldo Schindler and will be representative of 2026 for the
City; connected these words to the evening's consent calendar items, specifically
applauding the Parks and Recreation Department for their Annual Report and emphasized
how their hard work has a positive impact, especially with respect to quality of life, on our
community; also applauded the Police Department for the approval of their agreement with
Axon Enterprise during the meeting, emphasizing that such contracts increase efficiency
and public safety, which is our main goal in government; clarified that he shared the terms
dynamic, fast -paced, momentum, and bold change to represent the City in 2026 as a
challenge, as we cannot achieve progress within the City without our development projects;
posed this challenge to the Department Directors, noting that the City wants to be a
community that encourages progress and development and that departments can be
prudent with funds, planning, and using resources; challenged the City to embrace the Year
of the Fire Horse.
Mayor Pro Tem Schnell
Wished all in attendance a Happy Lunar New Year.
February 3
Attended the Orange County Cemetery District Board of Trustees meeting; continued to
work on the development and planning for the Gypsum Canyon Cemetery; is excited to see
the project come to fruition; added that negotiations with the City of Anaheim and the County
of Orange to facilitate underground construction to supply water and power to the site in
order to complete construction on the underground and above -ground areas.
February 12
Attended The Toll Roads Transportation Corridor Agency Joint Meeting of the Board of
Directors; elected a new Chair and Vice Chair for the upcoming year; selected and approved
the architectural services firm that will proceed with design work on improvements to the
Pacific building, built 30 to 40 years ago and in need of upgrades; reviewed the updates to
the 2025-26 State and Federal Legislative Platforms for the Transportation Corridor Agency.
February 20
Will tour the Orange County Animal Care facility, located in Tustin.
Mayor Lumbard
Shared a couple of highlights from the evening's agenda; announced the City is in a strong
financial position, thanking staff for their efforts and for the fiscal policies implemented by
past Councilmembers; added that we are seeing the fruits of their labor and that the City
will have opportunities to invest back into the community as a result of these efforts; looks
forward to making decisions for those investments.
Commented that the amount of active land in the Tustin Legacy area is the most he has
seen in some time; thanked staff and Council for making decisions to move quickly and be
strategic with land development.
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Applauded the Police Department, in reference to the approval of the agreement with Axon
Enterprise, Inc., for bringing our police into the next generation of law enforcement
technology; emphasized the agreement is a significant step for safety and for the Police
Department; thanked the Police Department for their leadership and execution of the
agreement to streamline systems and increase effectiveness with community safety.
Echoed Councilmember Gallagher's comments regarding the Year of the Fire Horse and
the term `fast -paced' being representative of the City for 2026; shared his family's tradition
of watching a romantic, family -friendly movie on Valentine's Day; added that the family
chose Top Gun Maverick last year; provided an analogy that the City was previously similar
to an aircraft carrier that was not moving, but we are now quickly moving with the City's
plans for development and progress; clarified that much effort goes into gaining the
momentum for this type of progress but, as Mayor, he sees the positive progress and shared
his appreciation for the engagement of staff to maintain this pace.
Announced upcoming events for the City, including the Fair Housing Fundamentals
Workshop on Wednesday, February 18 from 2-4pm at the Tustin Library and Sip & Stroll
on Saturday, February 28 from 12-5pm in Old Town Tustin; added that tickets for the Sip &
Stroll event can be purchased through the Tustin Community Foundation.
ADJOURNED at 7:33 p.m. The next meeting is scheduled on Tuesday, March 3, 2026, for
the Closed Session Meeting at 4:30 p.m. and the Regular Business Meeting at 6:00 p.m.
AUSTIN LUMBARD,
Mayor
ERICA N. YASUDA,
City Clerk
City Council February 17, 2026
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