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.
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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 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
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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
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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