17-0905_CC_Minutes_Special Meeting MINUTES
September 5, 2017
SAN JUAN CAPISTRANO CITY COUNCIL
SPECIAL MEETING
Mayor Ferguson called the September 5, 2017, Special Meeting of the City Council to
order at 3:02 p.m. in the City Council Chamber.
ROLL CALL
COUNCIL MEMBERS PRESENT: Mayor Kerry K. Ferguson, Mayor Pro Tem
Sergio Farias, and Council Members Derek Reeve, Pam Patterson, Esq., and
Brian L. Maryott (arrived at 3:32 p.m.).
COUNCIL MEMBERS ABSENT: None.
ORAL COMMUNICATIONS/CORRESPONDENCE/PUBLIC COMMENT ON CLOSED
SESSION ITEMS:
• Public Correspondence: Rhen Kohan, City resident (Items A and B)
• Public Comments: Rhen Kohan, City resident, and Kathleen Petersen,
City resident (provided handout) 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 Public 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 litigation in the matter of City of
San Juan Capistrano v. California Public Utilities Commission. United States
District Court Case No. 8:17-cv-01096.
C. Pursuant to Government Code Section 54956.9(a) & (d) (1), the City Council
conferred with legal counsel pertaining to existing litigation in the matter of Orange
County Coastkeeper vs. City of San Juan Capistrano, and Blenheim Facility
Management, LLC. United States District Court Case No. 8:17-cv-00956-JLS-
DFM.
d. 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).
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e. Pursuant to Government Code Section 54956.9(a) & (d) (1), the City Council
conferred with legal counsel pertaining to existing litigation in the matter of Urban
Village Development Company, LLC; Urban Capital Ventures, LP vs. Maria
Morris, in her official capacity as Clerk of City of San Juan Capistrano; City
Council of San Juan Capistrano; Neal Kelley, in his official capacity as Orange
County Registrar of Voters; and Does 1 through 100, inclusive. OC Superior Court
Case No. 30-2015-00766640.
Pursuant to Government Code Section 54956.9(a) & (d) (1), the
City Council conferred with legal counsel pertaining to existing litigation in the
matter of Save Our Historic Town Center, Mark Nielsen, Kenneth E. Friess, and
Robert J. Williams vs. City of San Juan Capistrano, et. al. OC Superior Court
Case No. 30-2014-00760231.
g. Pursuant to Government Code section 54956.9 (d)(4), the City Council conferred
with Legal Counsel to discuss initiation of litigation (1 item).
h_ Pursuant to Government Code Section 54956.9(d)(2), the City Council did not
confer with Legal Counsel to discuss significant exposure to potential litigation
(1 item).
i. Pursuant to Government Code Section 54956.8, the City Council did not meet
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 25925 Camino del Avion. Negotiating
party: Black Dot Wireless on behalf of New Cingular Wireless PCS, LLC (AT&T).
j. Pursuant to Government Code Section 54956.8, the City Council did not meet
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, APNs 650-271-07 and 650-391-06. Negotiating
party: J5 Infrastructure Partners on behalf of Verizon Wireless.
k. 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.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS: Jeff Ballinger, City Attorney
reported that the City Council did not confer/meet on Closed Session Items H, I and J;
and, that there were no reportable actions for Closed Session Items A through G, and K.
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ADJOURNMENT:
There Yeing no further business, Mayor Ferguson adjourned the meeting to the Regular
Meetin of Tuesday, September 5, 2017, at 5:00 p.m. for a public Business Session, in
the DO G u til Chamber.
Res enc submitted,
mAikiA ORRIS, CITILERK
Approved: September 19, 2017
ATTEST:
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NOTICE OF SPECIAL MEETING
SAN JUAN CAPISTRANO
CITY COUNCIL
The City of San Juan Capistrano, California, hereby gives notice that a Special Meeting
(Closed Session) of the City of San Juan Capistrano City Council will be held on
Tuesday, September 5, 2017, at 3:00 p.m. in the City Council Chambers, 32400 Paseo
Adelanto, San Juan Capistrano, California.
Mana.Morris, Citoerk
Date: August 30, 2017
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SAN JUAN CAPISTRANO )
I hereby certify that a copy of the Notice of a Special Meeting (Closed Session) of the
City of San Juan Capistrano City Council will be held on Tuesday, September 5, 2017,
at 3:00 p.m., was mailed, emailed and/or sent via fax transmittal, or personally delivered
not less than twenty-four hours before the meeting.
Kerry K. Ferguson, Mayor
Sergio Farias, Mayor pro tem
Brian L. Maryott, Council Member
Pam Patterson, Esq., Council Member
Derek Reeve, Council Member
The Register
Capistrano Valley News
Capistrano Dispatch
Los Angeles Times
I declare under penalty of perjury that the foregoing is true and correct.
Marla-Morris, City Clkik
City of San Juan Capi9trano
Date: August 30, 2017