17-1003_CC_Minutes_Special MeetingMINUTES
October 3, 2017
SAN JUAN CAPISTRANO CITY COUNCIL
SPECIAL MEETING
Mayor Ferguson called the October 3, 2017, Special Meeting of the City Council to order
at 3:05 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.
COUNCIL MEMBERS ABSENT: None.
ORAL COMMUNICATIONS/CORRESPONDENCE/PUBLIC COMMENT ON CLOSED
SESSION ITEMS:
Public Correspondence: Martha S. Martinez, City resident; Joanne Marquez,
City resident; Rhen Kohan, City resident; and Elizabeth Stocks, City resident
(Items A and B)
• Public Comments: Rhen Kohan, City resident, Ilse Byrnes, City resident; and,
Kathleen Petersen, City resident spoke under Items A and B.
CLOSED SESSION (610.85)
UA 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 54956.9(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 Sari 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.
10/3/2017
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 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.
f. Pursuant to Government Code Section 54956.9(d)(2), the City Council conferred
with Legal Counsel to discuss significant exposure to potential litigation
(1 item).
g. Pursuant to Government Code Section 54956.8, the City Council met with its Real
Property Negotiators (Ben Siegel, City Manager; and Jeff Ballinger, City Attorney)
concerning the price and terms of payment concerning a 27.725 acre farm
generally located at the northwest corner of Alipaz and Camino Del Avion.
Negotiating Party: George Kibby, South Coast Farms.
h. Pursuant to Government Code Section 54956.8, the City Council met with its Real
Property Negotiators (Ben Siegel, City Manager; and Jeff Ballinger, City Attorney)
concerning the price and terms of payment concerning a portion of the Lacouague
Building of the Old Fire Station Complex located at 31411 La Mantanza Street.
Negotiating Party: Juaneno Band of Mission Indians.
i. Pursuant to Government Code section 54956.9 (d)(4), the City Council conferred
with Legal Counsel to discuss initiation of litigation (1 item).
j. 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: None.
ADJOURNMENT:
There being no further business, Mayor Ferguson adjourned the meeting to the Regular
Meeting of Tuesday, October 3, 2017, at 5:00 p.m. for a public Business Session, in the
City Council Chamber.
2 10/312017
Approved: October 17, 2017
10/3/2017
NOTICE OF SPECIAL MEETING
SAN JUAN CAPISTRANO
CITY COUNCIL
The City of San Juan Capistrano, California,
(Closed Session) of the City of San Juar
Tuesday, October 3, 2017, at 3:00 p.m. in
Adelanto, San Juan Capistrano, California.
M ria Morris, CIty erk
Date: September 27, 2017
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SAN JUAN CAPISTRANO )
hereby gives notice that a Special Meeting
Capistrano City Council will be held on
the City Council Chambers, 32400 Paseo
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, October 3, 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
declare_ f n � ( )
under penalty of perjury that the foregoing is true and correct.
n Morris, Lity,pldrk
City of San Juan` apistrano
Date: September 27, 2017