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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). 1 9/5/2017 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. 2 9/5/2017 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: � i ac( 11 K RY K; F�k M USO ,,M YOR 3 9/5/2017 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