City Council November 10, 2023
Meeting Minutes Page 1 of 3
MINUTES OF THE EMERGENCY CLOSED SESSION MEETING OF THE CITY
COUNCIL
11:30 A. M.
CALL TO ORDER at 11:33 am
ROLL CALL – City Clerk
Present: Mayor Austin Lumbard, Mayor Pro Tem Letitia Clark, and Council Members Ryan Gallagher and Rebecca Gomez
Absent: Council Member Ray Schnell
City Clerk: Carrie Woodward, Deputy City Clerk
Others Present: David E. Kendig, City Attorney; Nicole Bernard, Acting City Manager PUBLIC INPUT –
1. Derek Bocard
2. Rebecca Ti
CLOSED SESSION UPDATE – City Attorney David E. Kendig: The Council will convene in Closed Session to discuss Item 1 as it appears 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 CITY OF TUSTIN EMERGENCY MEETING NOVEMBER 10, 2023
OF THE CITY COUNCIL 300 CENTENNIAL WAY, TUSTIN
COUNCIL CHAMBER
VIDEO CONFERENCE
Letitia Clark, Mayor Pro Tem
Ryan Gallagher, 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 DocuSign Envelope ID: E5073C16- 5448- 4149- 87ED- FECA660F4B5F City Council November 10, 2023
Meeting Minutes Page 2 of 3
exposure to litigation pursuant to Government Code § 54956.9(d)(2): ( 1 case) – related to the North Hangar owned by the Navy and the potential release of hazardous materials therefrom
Recessed at 11:44 A.M.
RECONVENED TO THE EMERGENCY MEETING OF THE CITY COUNCIL at 1:20 P.M.
CLOSED SESSION REPORT – City Attorney David E. Kendig: The Council took no reportable action.
COUNCIL BUSINESS ITEMS 1-2
1. CONSIDERATION AND AUTHORIZATION TO APPROVE A COOPERATIVE AGREEMENT BETWEEN THE U.S. DEPARTMENT OF THE NAVY AND CITY OF
TUSTIN TO IMPLEMENT AN EMERGENCY RESPONSE RELATED TO THE
TUSTIN NORTH HANGAR FIRE IN A FORM SUBSTANTIALLY CONSISTENT
WITH THE FORM OF THE AGREEMENT PRESENTED AT THE EMERGENCY
MEETING, SUBJECT TO ANY MODIFICATIONS APPROVED BY THE CITY MANAGER AND THE CITY ATTORNEY THAT, IN THE CITY MANAGER’S
DETERMINATION, ARE CONSISTENT WITH THE INTENT OF THE PROPOSED AGREEMENT; AND
AUTHORIZATION FOR CITY STAFF TO TAKE ALL ACTIONS AND APPROVE
ALL AGREEMENTS NECESSARY AND APPROPRIATE TO IMPLEMENT THE
TERMS OF THE AGREEMENT AND THE EMERGENCY RESPONSE(S)
CONTEMPLATED THEREIN
Public Input – None
It was moved Mayor Lumbard and seconded by Council Member Gomez to approve a cooperative agreement between the U.S. Department Of The Navy and City Of Tustin to implement an emergency response related to the Tustin north hangar fire in a form substantially consistent with the form of the agreement presented at the Emergency Meeting, subject to any modifications approved by the City Manager and the City Attorney that, in the City Manager’s determination, are consistent with the intent of the proposed agreement;
Authorize City staff to take all actions and approve all agreements necessary and appropriate to implement the terms of the agreement and the emergency response(s) contemplated therein; and
The Council emphasizes that priorities in the emergency response include addressing Tustin neighborhoods that have debris and mobilize resources to remove that debris as quickly as possible, continue to remove debris in public facilities and explore ways that the City can help with demolition of the hangar structure.
DocuSign Envelope ID: E5073C16- 5448- 4149- 87ED- FECA660F4B5F City Council November 10, 2023
Meeting Minutes Page 3 of 3
Roll Call Vote – City Clerk
Motion carried: 4-0
2. CITY MANAGER’S PROCLAMATION OF LOCAL EMERGENCY
Public Input – None
It was moved by Council Member Gomez and seconded by Mayor Lumbard to ratify the City Manager’s Proclamation of Local Emergency.
Roll Call Vote – City Clerk
Motion carried: 4-0
ADJOURNED at 1:33 p.m. The next meeting is scheduled on Tuesday, November 21, 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: E5073C16- 5448- 4149- 87ED- FECA660F4B5F