18-0306_CC_Minutes_Regular Meeting_Closed Session1
MINUTES
March 6, 2018
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
Mayor Farias called the March 6, 2018, Regular Meeting of the City Council to order at
4:00 p.m. in the City Council Chamber.
ROLL CALL
COUNCIL MEMBERS PRESENT: Mayor Sergio Farias, Mayor Pro Tem
Brian L. Maryott, and Council Members Kerry K. Ferguson, and Derek Reeve.
COUNCIL MEMBERS ABSENT: Pam Patterson, Esq.
ORAL COMMUNICATIONS/CORRESPONDENCE/PUBLIC COMMENT ON CLOSED
SESSION ITEMS:
• The following correspondence was received for Closed Session Items A & B:
Rhen Kohan, City resident (4 Correspondences).
• Public Comments: Rhen Kohan, City resident; and, Jon Dimitri, Orange resident.
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. Ninth Circuit Court
of Appeals Case No. 17-56693.
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 SPM -
Fairfield, LLC v. City of San Juan Capistrano. OC Superior Court Case No. 30-
2016-00878881-CU-TT-CXC.
1 3/6/2018
e. Pursuant to Government Code Section 54956.8, the City Council did not meet
with its Real Property Negotiators (Benjamin Siegel, City Manager; and Jeffrey
Ballinger, City Attorney) concerning the price and terms of payment concerning
certain real property located at the intersection of Alipaz Road and Calle Rio Vista
that traverses City owned property (APN 649-111-09). Negotiating party: Mehdi
Rahimi.
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
Vermuelen Ranch Center, LLC vs. City of San Juan Capistrano. OC Superior
Court Case No. 30-2015-00799138-CU-EI-CXC.
g. 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: Jeffrey Ballinger, City Attorney,
reported that for Closed Session Item A, the City Council voted 4-0 with Council Member
Patterson absent to pursue an administrative appeal of a California Public Utilities
Commission (CPUC) decision regarding the Mitigation Monitoring and Reporting Plan
(MMRP) and the Environmental Impact Report.
ROLL CALL:
AYES: COUNCIL MEMBERS: Ferguson, Reeve, Maryott and Mayor Farias
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Patterson
ADJOURNMENT:
There bein no, further business, Mayor Farias adjourned the meeting to the Regular
Meeti goof Tuesday, March 6, 2018, at 5:00 p.m. for a public Business Session, in the
City C tai it Chamber.
V-79 I
Milli
Approved: March 20, 2018
ATTES
SERGIO FARIAS, MAYOR
2 3/6/2018
1
1
1