HomeMy WebLinkAboutCC MINUTES 10.27.23City Council October 27, 2023
Meeting Minutes Page 1 of 2
MINUTES OF THE SPECIAL CLOSED SESSION
MEETING OF THE CITY COUNCIL
3:00 P.M.
CALL TO ORDER at 3:03 p.m.
ROLL CALL – City Clerk
Present: Mayor Austin Lumbard and Council Members Ryan Gallagher and
Rebecca Gomez
Absent: Mayor Pro Tem Letitia Clark and Council Member Schnell
City Clerk: Erica N. Yasuda, City Clerk
Others Present: David E. Kendig, City Attorney; Matthew S. West, City Manager
PUBLIC INPUT – None
CLOSED SESSION UPDATE – City Attorney David E. Kendig: The Council will convene
to discuss Item 1 as it appears on the agenda, Item 2 “Public Employee
Separation/Release”, Item 3 “Conference with Legal Counsel – Anticipated Litigation” and
Item 4 “Public Employment”.
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 – EXISTING LITIGATION
Cal. Gov’t Code § 54956.9(d)(1)
Name of Case: Orange County Water District, City of Tustin, et al., v. 3M Company
CITY OF TUSTIN SPECIAL CLOSED OCTOBER 27, 2023
SESSION MEETING OF THE CITY COUNCIL 300 CENTENNIAL WAY, TUSTIN
COUNCIL CHAMBER
VIDEO CONFERENCE
Letitia Clark, Mayor Pro Tem
Ryan Gallagher, Council Member Austin Lumbard, Mayor Matthew S. West, City Manager
Rebecca Gomez, Council Member Erica N. Yasuda, City Clerk
Ray Schnell, Council Member David E. Kendig, City Attorney
DocuSign Envelope ID: 464CD510-EB4E-4EF7-97CC-FE8AE729D3AF
City Council October 27, 2023
Meeting Minutes Page 2 of 2
et al.;
Case Number: U.S.D.C. South Carolina; MDL No. 2873; Master Docket No. 2:18-
mn-2873; Civil Action No. 2:22-cv-01798-RMG.
2. PUBLIC EMPLOYEE SEPARATION/RELEASE
Cal. Gov’t Code § 54957(b)(1).
3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of Section 54956.9(d)(2)
Number of potential cases: One (1)
4. PUBLIC EMPLOYMENT
Cal. Gov’t Code § 54957(b)(1)
Title: City Manager
Council Member Schnell arrived at 3:04 p.m.
Mayor Pro Tem Letitia Clark arrived at 3:10 p.m.
Reconvened at 4:30 p.m.
CLOSED SESSION UPDATE – City Attorney David E. Kendig: All five members of the City
Council were present for the Closed Session meeting. Regarding the item relating to the
public employee separation and release, by unanimous vote, Mayor Lumbard was authorized
to sign a Mutual Separation Agreement and General Release with City Manager Matthew
West, by which, Mr. West will separate from the City as City Manager effective today pursuant
to the terms of that agreement. Regarding the item relating to public employment, Nicole
Bernard will serve as the Acting City Manager while the City Council is taking steps to fill the
City Manager position. She was appointed to that position by unanimous vote of the City
Council. Regarding the agenda item relating to existing litigation, the City Council also
provided unanimous direction to its litigation Counsel. Otherwise, there was no reportable
action taken. The City Council will adjourn to its Regular Meeting on November 7th.
ADJOURNED at 4:32 p.m. The next meeting is scheduled on Tuesday, November 7, 2023
for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.
___________________________ _____________________________
AUSTIN LUMBARD, ERICA N. YASUDA,
Mayor City Clerk
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