Resolution Number 17-12-05-04RESOLUTION NO. 17-12-05-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING OF GRADING PLAN
MODIFICATION (GPM) 16-008 FOR A NEW CHURCH LOCATED WITHIN
THE WHISPERING HILLS ESTATES COMMUNITY COMPREHENSIVE
DEVELOPMENT PLAN (COP) 04-01, SUBAREA A3 LOCATED AT 29273
STALLION RIDGE (ASSESSOR PARCEL NUMBER 664-251-31)
(CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS MEETINGHOUSE)
Whereas, Gary Miller, Miller Architecture, 1177 Idaho Street, Suite 200, Redlands,
CA 92374 (the "Applicant"), has requested approval of Grading Plan Modification (GPM)
16-008 to construct a new 16,558-square-foot meetinghouse/cultural hall building and
chapel for a church use located on a 4.5 acre project site; located at 29273 Stallion Ridge,
specifically located the north side of Stallion Ridge (formerly Vista Montana), northwest of
the Avenida La Pata and Stallion Ridge intersection, which is General Plan-designated
Planned Community (PC), classified as Planned Community (PC) on the Official Zoning
Map and regulated by the Whispering Hills Estates Community Comprehensive
Development Plan (COP) 04-01; and,
Whereas, the proposed project has been processed pursuant to Section 9-2 .301,
Development Review of the Land Use Code; and,
Whereas, pursuant to section 21067 of the Public Resources Code, and section
15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), the City of
San Juan Capistrano is the lead agency for the proposed project; and,
Whereas, in accordance with State CEQA Guidelines section 15063 and the City's
Local CEQA Guidelines, the City prepared an Initial Study to determine if the project could
have a significant effect on the environment; and,
Whereas, the City Council has considered the Environmental Administrator's
determination pursuant to Section 1507 4 of the California Environmental Quality Act
(CEQA); and,
Whereas, the Planning Commission conducted a duly-noticed public hearing on
October 24, 2017 pursuant to Title 9, Land Use Code, Section 9-2.302 and City Council
Policy 5 to consider public testimony on the proposed project and considered all relevant
public comments and recommended City Council approval; and,
Whereas, the City Council conducted a duly-noticed public hearing on December 5,
2017 pursuant to Title 9, Land Use Code, Section 9-2.302 and City Council Policy 5 to
consider public testimony on the proposed project and considered a71 relevant public
comments.
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NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano does hereby make the following findings with respect to the California
Environmental Quality Act (CEQA) and the Mitigated Negative Declaration (MND):
1. RECITALS. The City Council hereby finds that the foregoing recitals
are true and correct and are incorporated herein as substantive findings of this Resolution.
2. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT. The City Council has reviewed and considered the information contained
in the Mitigated Negative Declaration, as modified by the Errata, Initial Study and other
documents contained in the administrative record for the project (SCH# 2017081 070). The
City Council finds that the Mitigated Negative Declaration, as modified by the Errata, Initial
Study and administrative record contain a complete and accurate reporting of the
environmental impacts associated with the project and that the Mitigated Negative
Declaration, as modified by the Errata, and the Initial Study have been completed in
compliance with CEQA, the State CEQA Guidelines, and the City's Local CEQA
Guidelines.
3. FINDINGS ON ENVIRONMENTAL IMPACTS. Based on the whole
record before it, including the Mitigated Negative Declaration, as modified by the Errata,
Initial Study, the administrative record and all other written and oral evidence presented to
the City Council, the City Council finds that all environmental impacts of the project are
either less than significant or no impact as outlined in the Negative Declaration, as modified
by the Errata, and the Initial Study. The City Council further finds that there is no
substantial evidence in the administrative record supporting a fair argument that the project
may result in any significant environmental impacts. The City Council finds that the
Mitigated Negative Declaration, as modified by the Errata, contains a complete, objective,
and accurate reporting of the environmental impacts associated with the Project and
reflects the independent judgment and analysis of the City. No new significant
environmental effects have been identified in the Final Mitigated Negative Declaration and
no changes made to the Mitigated Negative Declaration constitute substantial revisions
requiring recirculation under State CEQA Guidelines section 15073.5. The changes
reflected in the Errata resulted from a comment received during the public review period for
the IS/MND, as well as City staff initiated edits to clarify language (State CEQA Guidelines,
section 15073.5(c)(4).)
4. WILDLIFE RESOURCES. Pursuant to Fish and Game Code section
711.4(c), all project applicants and public agencies subject to the California Environmental
Quality Act shall pay a filing fee for each proposed project, as specified in subdivision
711.4(d) for any adverse effect on wildlife resources or the habitat upon which wildlife
depends unless a "no effect" finding is made by the California Department of Fish and
Game. This fee is due and payable as a condition precedent to the County Clerk's filing of
a Notice of Determination.
5. Whereas, the record of proceedings on which the City Council's
decision is based is located at City Hall for the City of San Juan Capistrano, located at
32400 Paseo Adelanto, San Juan Capistrano, California and the custodian of record of
proceedings is the Development Services Department Administrative Coordinator.
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NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of
the City of San Juan Capistrano does hereby make the following findings as established by
Section 9-2.323 of Title 9, Land Use Code of the City of San Juan Capistrano (Grading
Plan Modification):
1. The proposed grading modifications are consistent with the General Plan, Land Use
Code, Design Guidelines, and applicable specific plan or comprehensive development,
including but not limited to requirements for ridgeline protection, natural landform
grading, minimizing use and height of retaining walls, and effective use of landscaping
for erosion control and aesthetics because the provisions that regulate grading are
embodied within the General Plan, Land Use Code and Architectural Design
Guidelines. The existing site is roughly 10 feet below the grade at Stallion Ridge, and,
as a result, a large portion of the south side of the property is situated in a deep
"depression." The proposed grading modification proposes to create a finished pad that
will be about 4 feet lower than the elevation at Stallion Ridge. The grading concept is
proposed to elevate the building pad and parking lot which would necessitate
approximately 9,000 cubic yards of fill soil and the need for low retaining walls on the
north side of the building and east side of the property. Thus, the proposed grading
would allow for safe vehicular access from Stallion Ridge into the project site.
The project's design will incorporate principles established in the Design Guidelines,
including limited use of retaining walls and limiting the height of retaining walls. The
project conforms with Chapter II, Section C(1) Grading; specifically with the following
subsections:
"b. Innovative grading techniques such as contour grading that incorporate
use of variable slopes, both vertical and horizontal, and meandering tops and
toes of slopes are encouraged".
"c. Smooth, gradual transitions between manufactured and natural slopes are
encouraged."
"d. Use of retaining walls should be minimized. Where use of retaining walls
cannot be avoided, they should be screened to the maximum extent possible
and use of plantable retaining walls should be employed as part of the design
solution."
Additionally, the site will be comprehensively landscaped to provide adequate screening
and softening of walls and planting the manufactured slope.
2. The proposed grading modifications are generally consistent with the approved site
plan, preliminary grading plan, landscape plan, grading standards, and design concepts
of the original project as approved by the reviewing authority because the proposed
grading concept would result in contours that will cohesively blend into the adjacent
existing contours and import approximately 9,000 cubic yards of fill.
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3. The proposed grading will remain consistent and compatible with immediately-adjacent
lots or units, including but not limited to blending of slopes with adjacent property
boundaries, rounding of slopes at both top and bottom to blend the grading into the
existing terrain, and a design which harmonizes the design with the natural contours of
the property and surrounding lots because the proposed grading concept would result
in import of approximately 9,000 cubic yards.
4 . The proposed modified grading plan shows the location of any proposed building
footprints which shall meet all required minimum setbacks for building as defined in the
applicable zone district, and minimum setbacks from the tops and toes of slopes as
defined by Section 9-4.313, Graded Slopes, of this title because the proposed grading
plan shows the location of the proposed building pad. The project will establish the
development standards of Comprehensive Development Plan (COP) Subarea A3 .
5. The proposed modified grading will not cause adverse impacts to other properties,
including but not limited to potential impacts on hydrology, water quality, views, trail
easements, or other aspects of development because the proposed grading
modification to accommodate the building pad will not cause adverse impacts to other
properties. The site does not contain trail easements and the project will provide
adequate drainage and water quality treatment measures; and views will not be
impacted by the proposed grading.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of
the City of San Juan Capistrano hereby approves GPM 16-008, subject to those conditions
of approval established by Exhibit A, attached hereto and incorporated herein.
CUSTODIAN OF RECORDS: The documents and materials associated with
this Resolution that constitute the record of proceedings on which these findings are based
are located at San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan
Capistrano, California 92675. The Development Services Administrative Coordinator is the
custodian of the record of proceedings .
PROTEST OF FEES, DEDICATIONS, RESERVATIONS OR OTHER
EXACTIONS: Pursuant to Government Code Section 66020, the applicant may protest the
imposition of fees, dedications, reservations or other exactions imposed on this
development project by taking the necessary steps and following the procedures
established by Sections 66020 through 66022 of the California Government Code.
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PASSED, APPROVED AND ADOPTED this 51hday of December 2017 .
~~~
SERGIO FARIAS, MAYOR
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing Resolution No. 17-12-05-04 was duly adopted by the City Council
of the City of San Juan Capistrano at the Regular meeting thereof, held the 51h day of
December 2017, by the following vote:
UNCIL MEMBERS : Reeve, Maryott and Mayor Farias
UNCIL MEMBERS : None
OUNCIL MEMBERS : Patterson
OUNCIL M'EMBERS : Ferguson
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Project#:
Project Name:
APPROVAL DATE:
RESOLUTION #: 17-12-05-04
EXHIBIT A
CONDITIONS OF APPROVAL
Architectural Control (AC) 14-033
Conditional Use Permit (CUP) 14-018
Grading Plan Modification (GPM) 16-008
Church of Jesus Christ of Latter Day Saints
Meetinghouse
December 5, 2017
These conditions of approval apply to Architectural Control (AC) 14-033, Conditional
Use Permit (CUP) 14-018, Grading Plan Modification (GPM) 16-008, a request to
construct a new 16,558-square-foot meetinghouse/cultural hall building and chapel for a
church use located on a 4.5 acre project site; located at 29273 Stallion Ridge,
specifically located the north side of Stallion Ridge (formerly Vista Montana), northwest
of the Avenida La Pata and Stallion Ridge intersection (Assessor Parcel Number 664-
251-31).
General Conditions:
1. The above referenced entitlement approvals are granted for development
of the property for a new church facility and associated improvements.
This approval is granted based on the application materials submitted by
Miller Architecture, including the architecture, grading plan and landscape
plan dated October 17, 2017. These plans and the proposed use of the
site are approved as submitted and conditioned herein, and shall not be
further altered unless reviewed and approved by the affected city
departments. Minor modifications to this approval which are determined
by the Development Services Director to be in substantial conformance
with the approved site plan, and which do not intensify or change the use
or require any deviations from adopted standards, may be approved by
the Development Services Director upon submittal of an application and
the required fee. If not appealed , this approval shall become effective on
the first business day following the fifteen t h (15th) day after the date of the
City Council's approval and shall expire twenty four (24) months after the
City Council's approval unless the use or occupancy which is the subject
of this action has taken place and all conditions of approval have been
met, or a time extension has been granted by the City. Any application for
an extension of time shall be submitted to the Development Services
Department, along with the required fee, at least ninety (90) days prior to
the expiration date of this approval, except as otherwise approved by the
Development Services Director.
Resolution# 17-12-05-04
Project# AC 14-033, LOS Church
Final Conditions of Approval
Date: December 5, 2017
Page 2 of 7
2 . Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
requirements.
3. All plans, specifications, studies, reports, calculations, maps, notes, legal
documents, and designs shall be prepared, signed, and stamped (when
required) only by those individuals legally authorized to do so.
4 . The applicant shall defend, indemnify, and hold harmless the City of San
Juan Capistrano and its officers, employees, and agents from and against
any claim, action, or proceeding against the City of San Juan Capistrano,
its officers, employees, or agents to attack, set aside, void, or annul any
approval or condition of approval of the City of San Juan Capistrano
concerning this project, including but not limited to any approval or
condition of approval of the City Council, Planning Commission, or City
Planner. The City shall promptly notify the applicant of any claim, action,
or proceeding concerning the project and the City shall cooperate fully in
the defense of the matter. The City reserves the right, at its own option, to
choose its own attorney to represent the City, its officers, employees, and
agents in the defense of the matter.
5. The applicant shall be responsible for informing all subcontractors,
consultants, engineers, or other business entities providing services
related to the project of their responsibilities to comply with these
conditions of approval and all pertinent requirements in the San Juan
Capistrano Municipal Code, including the requirement that a business
license be obtained by all entities doing business in the City.
6. In the event that exhibits and written conditions are inconsistent, the
written conditions shall prevail. If there are any disparities between these
conditions and the plans or final revised plans that are approved for any
subsequent phase, the conditions and/or plans as stipulated in the later
approval shall prevail.
7 . The use shall meet the standards and shall be developed within the limits
established by the Municipal Code as related to emissions of noise, odor,
dust, vibration, wastes, fumes, or any public nuisances arising or occurring
incidental to the establishment or operation.
8. The applicant shall pay all fees at the time fees are determined payable
and comply with all requirements of the applicable federal, state, and local
agencies. The duty of inquiry as to such requirements shall be upon the
applicant.
Resolution # 17-12-05-04
Project# AC 14-033, LOS Church
Final Conditions of Approval
Date: December 5, 2017
Page 3 of7
9. All applicable approvals and clearance from other departments and
agencies shall be on file with the Building and Safety Department prior to
issuance of any permits, final inspections, utility releases and/or release of
securities, as specified in these conditions. (B&S)
The following conditions of approval shall be met prior to issuance of grading
permits for the project.
10. Pay Fees and Post Sureties. Prior to issuance of grading permit, the
applicant shall fulfill all applicable engineering fee requirements in
accordance with the City Municipal Code and the Water Department fee
schedule, as last revised, and post securities to ensure satisfactory
performance of proposed on-site and off-site grading, drainage, landscape
and irrigation, erosion and sediment control, applicable sewer, water,
street, and all appurtenant improvements. (ENG)
11. Soils/Geology Report. Prior to issuance of grading permits, the applicant
shall submit to the City Engineer and Building Official for their review and
obtain approval for a Final Soils/Geotechnical Report, prepared by a
Registered Geotechnical Engineer to determine the seismic safety and
soils stability of all proposed grading and development improvements
within the project as well as any affected adjacent property. (ENG)
12. Grading Plans . Prior to issuance of grading improvement permits, the
applicant shall submit a Final Grading Plan to the City Engineer and
Building Official for their review and obtain approval for Grading Plans
prepared by a Registered Civil Engineer. These plans shall show the
limits of grading, trails and their corresponding dedicated easements,
drainage, sewer, water and driveways. The extent of the topography shall
be extended enough to determine the drainage impacts to adjacent
properties. The elevations shall correspond with the Orange County
benchmark datum. Unless determined otherwise by the City Engineer,
runoff must be filtered with Best Management Practices (BMP's) methods
then conveyed to a City approved drainage facility. (ENG)
13. Erosion and Sed iment Control Plans (ESCP). Prior to issuance of grading
improvement permits, the applicant shall submit to the City Engineer for
review and shall obtain approval for Final Erosion and Sediment Control
Plans, prepared by a Registered Civil Engineer. These plans shall show
all temporary and/or permanent erosion and sediment control measures in
accordance with the NPDES Permit. (ENG)
14. Encroachment Permit. An Encroachment Permit is required for any work
and construction-related activities in the public right-of-way. These include
truck hauling, traffic control, site ingress and egress, hours of operation in
Resolution# 17-12-05-04
Project# AC 14-033, LOS Church
Final Conditions of Approval
Date : December 5, 2017
Page 4 of 7
the right-of-way (hauling hours may be limited due to school hours/traffic),
street cleaning, etc. (ENG)
15 . Encroachment Permit. An Encroachment Permit is required for a Haul
Route for any import/export of earth material in excess of fifty (50) cubic
yards to or from the site. Submit the Haul Route for review and approval
by the City Engineer. (ENG)
16. Water Improvements . Obtain approval of the project proposed domestic
water, fire sprinkler, fire line, landscape irrigation, and sewer
improvements from the City Utilities Engineering Division. (ENG)
17. Backflow Test. Perform required backflow prevention device(s) tests and
provide all test certifications along water service applications for domestic
meter, irrigation meter, fire line facility. (ENG)
18 . Bird Survey . Prior to any permit issuance for grubbing, grading, tree
trimming/removal or prior to engaging in such activities that would occur
between the breeding season for native birds (February 15 through July
31 ), the project applicant shall retain the services of a qualified
ornithologist to conduct an ornithological survey of the construction zone.
The City will require the developer to submit a copy of the executed
contract for such services prior to the issuance of any grading permits.
The ornithological survey shall occur not more than seven days prior to
the initiation of those grading/construction activities. If the ornithologist
detects any occupied nests of native birds within the construction zone or
in close proximity to, they shall be mapped on construction plans and the
project applicant will fence off the area(s) supporting bird nests with
temporary construction fencing, providing a minimum buffer of 200 feet
between the nest and limits of construction. (This buffer zone shall be at
least 500 feet for raptors until the young have fledged, are no longer being
fed by the parents, have left the nest, and will no longer be impacted by
the project.) The construction crew will be instructed to avoid any activities
in the zone until the bird nest(s) is/are no longer occupied, per a
subsequent survey by the qualified ornithologist. Alternatively, the project
applicant will consult as appropriate with the USFWS to discuss the
potential loss of nests of native birds covered by the MBTA to obtain the
appropriate permit from the USFWS. (DSD)
19 . Fire Master Plan. Submit a Fire Master Plan (Service Code PR145) to the
Orange County Fire Authority for review and approval. (OCF A)
20 . Architecture . Submit architectural, underground pipping, and fire sprinkler
system plans for review and approval. (OCFA)
Resolution# 17-12-05-04
Project # AC 14-033, LOS Church
Final Conditions of Approval
Date: December 5, 2017
Page 5 of 7
The following conditions and requirements shall be met during construction,
from the beginning of the first ground-disturbing activity until the use has been
released for occupancy.
21. Compliance with approved plans. At all times during construction, the
applicant shall ensure compliance with all approved plans and permits,
including: (ENG/DSD)
a. Approved Erosion and Sediment Control Plan
b. Approved LI.D. (Low Impact Development) Plans/Features.
c. All grading shall take place on the subject property.
22 . Construction hours . Construction hours shall be limited to 7:00 a.m. to
6:00 p.m., Monday through Friday and between 8:30 a.m. and 4 :30 p.m.
on Saturday. Construction activity shall not be permitted on Sundays or
any Federal holiday.(DSD)
23. Archaeologist. A qualified archaeologist (defined as an archaeologist on
the List of Certified Archaeologists for Orange County) shall be retained by
the project applicant and shall be present at pre-construction meetings to
advise construction contractors about the sensitive nature of cultural
resources located on and/or in the vicinity of the project site, as well as
monitoring requirements. A qualified monitor (defined as an individual with
a bachelors degree in anthropology with archaeological monitoring
experience), supervised by the qualified archaeologist, shall observe on-
and off-site construction activities that result in grading, and/or excavating
on or below the original ground surface (including during project-related
off-site utility [natural gas, electricity, sewer, water, drainage,
communications, etc.] and roadway improvements). Should nonhuman
cultural resources be discovered, the monitor shall have the power to
temporarily halt or divert construction activities until the qualified
archaeologist can determine if the resources are significant and, if
significant, until recovered by the archaeologist. In the event that human
remains are discovered, construction activities shall be halted or diverted
until the provisions of §7050.5 of the Health and Safety Code and
§5097.98 of the Public Resources Code have been implemented. (DSD)
24 . Native American Monitor. During construction/grading activities, a Native
American monitor shall observe construction/grading activities that result
in grading, excavating, and/or trenching on or below the original ground
surface (including during project-related off-s'ite utility [e.g., natural gas,
electricity, sewer, water, drainage, communications, etc.] and roadway
improvements). The Native American monitor shall consult with the
Resolution # 17-12-05-04
Project # AC 14-033, LOS Church
Final Conditions of Approval
Date: December 5, 2017
Page 6 of 7
archaeological monitor regarding objects and remains encountered during
grading that may be considered sacred or important. In the event that
evidence of human remains is discovered, the Native American monitor
shall verify that the archaeologist has notified the Coroner. (DSD)
25 . Final Geotechnical Evaluation . Prior to earthmoving activities for the
project, a certified geotechnical engineer, or equivalent, shall be retained
to perform a final geotechnical evaluation of the soils at a design-level as
required by the requirements of the California Building Code Title 24, Part
2, Chapter 18, Section 1803.1 .1.2 related to expansive soils and other soil
conditions. The evaluation shall be prepared in accordance with the
standards and requirements outlined in California Building Code, Title 24,
Part 2, Chapter 16, Chapter 17, and Chapter 18, which addresses
structural design, tests and inspections, and soils and foundation
standards. The final geotechnical evaluation shall include design
recommendations to ensure that soil conditions do not pose a threat to the
health and safety of people or structures, including threats from landslides,
unstable soils, expansive soils, or post-construction settlement. The
grading and improvement plans shall be designed in accordance with the
recommendations provided in the final geotechnical evaluation.
26. SWPPP & NOI. The project applicant shall submit a Notice of Intent (NOI)
and Storm Water Pollution Prevention Plan (SWPPP) to the RWQCB in
accordance with the NPDES General Construction Permit requirements.
The SWPPP shall be designed to control pollutant discharges utilizing
Best Management Practices (BMPs) and technology to reduce erosion
and sediments. BMPs may consist of a wide variety of measures taken to
reduce pollutants in stormwater runoff from the project site. Measures
shall include temporary erosion control measures (such as silt fences,
staked straw bales/wattles, siiUsediment basins and traps, check dams,
geofabric, sandbag dikes, and temporary revegetation or other ground
cover) that will be employed to control erosion from disturbed areas. Final
selection of BMPs will be subject to approval by the City of San Juan
Capistrano and the RWQCB. The SWPPP will be kept on site during
construction activity and will be made available upon request to
representatives of the RWQCB and City. (ENG)
Prior to release of utilities or a certificate of occupancy, complete the following:
27. Water Serv ice . Obtain water service application forms for domestic water
meter, fire line assembly, and landscape irrigation meter from the Utilities
Engineering Division, complete the applications and submit them to the
Utilities Engineering Division for processing. (ENG)
Resolution# 17-12-05-04
Project# AC 14-033, LOS Church
Final Conditions of Approval
Date : December 5, 2017
Page 7 of7
28 . Backflow Tests. Perform required backflow prevention device(s) tests and
submit certified test results to the Utilities Engineering Division. (ENG)
29 . Final Planning Inspection . A minimum of one week prior to final inspection
by the Building and Safety Department, the applicant shall schedule a final
inspection by the Planning Department, and shall pay any outstanding
balance in the Developer Deposit Account assigned to this application,
and shall submit a copy of the project LID features/BMP structures or
devices in a GIS format so that they can be included in the City's
stormwater Treatment Control BMP (TCBMP) database.(DSD)
30 . Plan Compliance. The project shall be constructed per the approved plans
(architecture, grading, landscape, etc.). Any variations shall be submitted
to the Development Services Department for review and approval. (DSD)
Responsible Agencies : B&S
ENG =
DSD =
PW =
OCFA=
Building and Safety
Engineering Department
Development Services Department
Public Works Department
Orange County Fire Authority
Applicant Acceptance of Conditions of Approval:
By:
Property Owner/Applicant Date
MINUTES
November 7, 2017
SAN JUAN CAPISTRANO CITY COUNCIL
SPECIAL MEETING
Mayor Ferguson called the November 7, 2017, Special Meeting of the City Council to
order at 3:02p.m. in the City Council Chamber.
ROLL CALL
COUNCIL MEMBERS PRESENT: Mayor Kerry K. Ferguson, Mayor Pro Tern
Sergio Farias, and Council Members Derek Reeve, Pam Patterson, Esq., and
Brian L. Maryott.
COUNCIL MEMBERS ABSENT: None.
ORAL COMMUNICATIONS/CORRESPONDENCE/PUBLIC COMMENT ON CLOSED
SESSION ITEMS:
• The following correspondence was received for Closed Session Items A & B:
Joe and Dawn Fusco, City residents; Chris Lamont, City resident; and
Rhen Kohan, City resident.
• Public Comments: Rhen Kohan, City resident, spoke under Items A and B.
CLOSED SESSION (610.85)
A Closed Session was held for the following purposes, as authorized by statute:
a. Pursuant to Government Code Section 54956 .9(a) and (d)(1 ), the City Council
conferred with legal counsel pertaining to the administrative proceedings in the
Matter of the Application of San Diego Gas and Electric Company for a Certificate
of Publ ic Convenience and Necessity for the South Orange County Reliability
Enhancement Project (CPUC Application No. 12-05-020).
b. Pursuant to Government Code Section 54956.9(a) & (d) (1 ), the City Council
conferred with legal counsel pertaining to existing litigat ion in the matter of City of
San Juan Cap istrano v. California Public Utilities Commission. United States
District Court Case No . 8:17-cv-01096 .
c. Pursuant to Government Code Section 54956.8, the City Council met with its Real
Property Negotiators (Ben Siegel, City Manager; and Jeffrey Ballinger,
City Attorney) concerning the price and terms of payment concerning real property
owned by California Department of Transportation, located at the corner of Ortega
Highway and Del Obispo Street: Parcel Map 102506-01-01 (Former Jack in the
Box).
d . Pursuant to Government Code Section 54956.8, the City Council conferred with
real property negotiators (Ben Siegel, City Manager; and Jeff Ballinger,
City Attorney) concerning the price and terms of payment concerning certain real
property located at 31681 Camino Capistrano/APN 121-141-25 and 121-141-26
(Negotiating party: SJCM LLC).
1 11/7/2017
e. Pursuant to Government Code Section 54956.8, the City Council met with its Real
Property Negotiators (Ben Siegel, City Manager; and Jeffrey Ballinger,
City Attorney) concerning the price and terms of payment concerning certain real
property located at 29932 Camino Capistrano, APN 650-023-09; and 29936
Camino Capistrano, APN 650-023-08. Negotiating party: Mountain Pines
(Tom and Tanya Tomlasoff).
f. Pursuant to Government Code section 54957.6, the City Council conferred with its
labor negotiators (Jacob Green, Assistant City Manager, and Sam Penrod,
Human Resources Manager) as to the memoranda of understanding with
represented employees, including salaries and fringe benefits. The affected
bargaining units are San Juan Capistrano Classified Employees Association and
San Juan Capistrano Management and Professional Employees Association.
g. Pursuant to Government Code Section 54957 , the City Council conducted a
performance evaluation of the City Clerk.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS: None.
ADJOURNMENT:
Approved: December5,2017
2 11/7/2017