City 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 TUSTINSPECIALCLOSED OCTOBER27, 2023
SESSIONMEETINGOF THE CITY COUNCIL 300 CENTENNIALWAY, TUSTIN
COUNCILCHAMBER
VIDEOCONFERENCE
Letitia Clark, MayorPro Tem
Ryan Gallagher, CouncilMember Austin Lumbard, Mayor MatthewS. West, City Manager RebeccaGomez, CouncilMember Erica N. Yasuda, City Clerk Ray Schnell, CouncilMember 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
DocuSign Envelope ID: 464CD510- EB4E- 4EF7- 97CC- FE8AE729D3AF