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17-1017_CC_Minutes_Special Meeting MINUTES October 17, 2017 SAN JUAN CAPISTRANO CITY COUNCIL SPECIAL MEETING Mayor Ferguson called the October 17, 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. COUNCIL MEMBERS ABSENT: None. ORAL COMMUNICATIONS/CORRESPONDENCE/PUBLIC COMMENT ON CLOSED SESSION ITEMS: • Public Correspondence: Rhen Kohan, City resident submitted correspondence for Closed Session Items A, B and, I. • Public Comments: Rhen Kohan, City resident; and, Kathleen Petersen, City resident (Closed Session Items A, B). CLOSED SESSION (61-0.85) 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-0109+6. 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 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. 1 10/17/2017 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(a) & (d) (1), the City Council conferred with legal counsel pertaining to existing litigation in the matter of SPM- Fairfield, LLC v. City of San Juan Capistrano. OC Superior Court Case No. 30-2016-00878881-CU-TT-CXC. g. 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 items). h. Pursuant to Government Code section 54957.6, the City Council did not confer 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. I. Pursuant to Government Code Section 54957, the City Council did not conduct a performance evaluation of the City Clerk. ANNOUNCEMENT OF CLOSED SESSION ACTIONS: Jeff Ballinger, City Attorney, announced that the City Council discussed Closed Session items A through F; and reported the following vote for Closed Session Item B: Council Action: Moved by Mayor Ferguson, seconded by Mayor Pro Tem Farias, and carried 4-1 with Council Member Reeve opposed to appeal the District Court's dismissal of the lawsuit. ROLL CALL: AYES: COUNCIL MEMBER: Patterson, Maryott, Farias and Mayor Ferguson NOES: COUNCIL MEMBER: Reeve ABSENT: COUNCIL MEMBER: None 2 10/17/2017 ADJOURNMENT: There being no further business, Mayor Ferguson adjourned the meeting to the Regular Meeting of T esday, October 17, 2017, at 5:00 p.m. for a public Business Session, in the City C Un ii hamber. Respe tf Ily submitted, MAR `M, RIS , CITY L K Approved: November 7, 2017 ATTEST: Kk4RYK F U Y R 3 10/17/2017 NOTICE OF SPECIAL MEETING SAN JUAN CAPISTRANO CITY COUNCIL Thef an Juan Capistrano, California, hereby gives notice that a Special Meeting (Clog a sion) of the City of San Juan Capistrano City Council will be held on Tues y O tober 17,2017, at 3:00 p.m. in the City Council Chambers, 32400 Paseo Adela t n/Juan Capistrano, California. / b ) Ma ' rris ity CI rk Date: Octobe 11, 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, October 17, 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 Fangs, Mayor pro tem Brian L. Maryott, Council Member Pam Patterson, Esq., Council Member Derek Reeve, Council Member The Register Capistrano Valley News Cap;re Dispatch Loses Imes I deer penalty of perjury that the foregoing is true and correct. M 'a ri , City Clerk City of an Juan Capis Date: October 11, 2017