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Home My WebLink AboutCC MINUTES 04.02.24 (SPECIAL CLOSED SESSION MEETING)DocuSign Envelope ID: 22FEEF31-E364-4E3B-9302-EA5DEED98FC4 CITY OF TUSTIN SPECIAL CLOSED APRIL 2, 2024 SESSION MEETING 300 CENTENNIAL WAY, TUSTIN COUNCIL CHAMBER VIDEO CONFERENCE Ryan Gallagher, Mayor Pro Tern 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 SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL 4:30 P.M. CALL TO ORDER at 4:31 p.m. ROLL CALL — City Clerk Present: Mayor Austin Lumbard, Mayor Pro Tern Ryan Gallagher, 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 in Closed Session to discuss Items 1 through 7 on the special meeting closed session agenda, including items 6A-6D, which include conferencing with its real property negotiators Acting City Manager Nicole Bernard and Acting Deputy Director of Economic Development Ryan Swiontek; and item 7, conferencing with its labor negotiators, Director of Human Resources Derick Yasuda and Peter Brown, Liebert Cassidy and Whitmore. 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) City Council April 2, 2024 Meeting Minutes Page 1 of 4 DocuSign Envelope ID: 22FEE F31-E364-4E3B-9302-EASDEED98FC4 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 4. LIABILITY CLAIMS — [Government Code § 54956.951: (7 cases) A. Claim No. 23-55, Claim of Salvador Morales B. Claim No. 23-57, Claim of Mercury OBO Rodolfo Saurez C. Claim No. 23-65, Claim of Daniz Erkan D. Claim No. 24-02, Claim of Peyvand Alavizadeh E. Claim No. 24-06, Claim of Anthony Valdivia F. Claim No. 24-07, Claim of Karen Roebuck G. Claim No. 24-08, Claim of California General Underwriters Insurance Company 5. PUBLIC EMPLOYMENT - Cal. Gov't Code § 54957(b)(1). Title: City Manager 6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code § 54956.8]: (4 cases) 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 B. Property Address/Description APN 430-391-03, 27-29, 56, 58, 60-65, 79-81 Agency City of Tustin City Negotiators Nicole Bernard, Acting City Manager and Ryan Swiontek Acting Economic Development Deputy Director Negotiating Parties Brookfield Homes Southern California LLC City Council April 2, 2024 Meeting Minutes Page 2 of 4 DocuSign Envelope ID: 22FEE F31-E364-4E3B-9302-EASDEED98FC4 Under Negotiation Price and Terms of Payment C. Property Address/Description 430-272-11, 430-272-13, 430-272-14, 430- 272-23, 430-272-24, 430-272-27 Agency City of Tustin City Negotiators Nicole Bernard, Acting City Manager and Ryan Swiontek, Acting Deputy Director of Economic Development Negotiating Parties Sam's West Inc. Under Negotiation Price and Terms of Payment D. Property Address/Description 430-272-04, 430-272-12, 430-272-14, 430- 272-24, 430-272-27, 430-272-28, 430-461-11 Agency City of Tustin City Negotiators Nicole Bernard, Acting City Manager and Ryan Swiontek, Acting Deputy Director of Economic Development Negotiating Parties Topgolf International Under Negotiation Price and Terms of Payment 7. LABOR NEGOTIATIONS — [Government Code § 54957.6]: Agency Derick Yasuda, Director of Human Resources and Peter Brown, Negotiators: Liebert Cassidy Whitmore Employee Tustin Municipal Employees Association (TMEA) Organization: Employee Tustin Police Officers Association —Management Unit (TPMA) Organization: Employee Tustin Police Officers Association —Officer Unit (TPOA) Organization: Employee Tustin Police Support Services Management Association (TPSSMA) Organization: Employee Tustin Police Support Service Association (TPSSA) Organization: Employee Unrepresented Confidential Employees Organization: Employee Unrepresented Supervisory Employees Organization: City Council April 2, 2024 Meeting Minutes Page 3 of 4 DocuSign Envelope ID: 22FEEF31-E364-4E3B-9302-EA5DEED98FC4 Employee Unrepresented Executive Management and Management Organization: Employees Employee Unrepresented Part -Time Employees Organization: Recessed to Closed Session at 4:32 p.m. Council Member Clark arrived at 4:33 p.m. Reconvened in Open Session at 5:31 p.m. CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council discussed Items 1, 2, 6C and 6D. Other than that, there was no reportable action. ADJOURNED at 5:32 p.m. The next meeting is scheduled on Tuesday, April 16, 2024, for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m. DocuSigned by: AU PN9LUMBARD, Mayor DS DocuSigned by: & daSu.�,a F6 E RIeADW4YASU DA, City Clerk City Council Meeting Minutes April 2, 2024 Page 4 of 4