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18-0611_CC_Minutes_Special MeetingMINUTES June 11, 2018 SAN JUAN CAPISTRANO CITY COUNCIL SPECIAL MEETING Mayor Farias called the June 11, 2018, Special Meeting of the City Council to order at 3:02 p.m., in the City Council Chamber. ROLL CALL COUNCIL MEMBERS PRESENT: Mayor Sergio Farias, Mayor Pro Tem Brian L. Maryott (arrived at 3:05 p.m.), and Council Members Kerry K. Ferguson, Derek Reeve, and Pam Patterson, Esq. (arrived at 3:15 p.m.) COUNCIL MEMBERS ABSENT: None. ORAL COMMUNICATIONS/CORRESPONDENCE/PUBLIC COMMENT ON CLOSED SESSION ITEMS: • Public correspondence received for Oral Communications: Rhen Kohan, City resident. CLOSED SESSION (610.85) A Closed Session was held for the following purposes, as authorized by statute: a. Pursuant to Government Code Section 54956.8, the City Council met 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 32681 Alipaz Street (APN 121-190-57) also known as South Coast Farms. Negotiating party: The Ecology Center. 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 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. 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 City of Santa Ana vs. County of Orange, City of San Juan Capistrano, et al., Case No. 8:18-cv-001 555-DOC-JDE. 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 Save Our Mission — San Juan Capistrano, an unincorporated association of concerned citizens vs. City of San Juan Capistrano, a public entity. OC Superior Court Case No. 30-2018-00986220-CU-WM-CXC. 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 Vermuelen Ranch Center, LLC vs. City of San Juan Capistrano. OC Superior Court Case No. 30-2015-00799138-CU-EI-CXC. 1 6/11/2018 f. 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. g. Pursuant to Government Code Section 54956.9(d) (2), the City Council conferred with legal counsel pertaining to significant exposure to litigation (correspondence from Gerald A. Klein, P.C., on behalf of Council Member Pam Patterson, dated May, 25, 2018). h. Pursuant to Government Code Section 54956.9(d) (4), the City Council conferred with Legal Counsel (only one of the two items was discussed) to discuss initiation of litigation (2 cases). ANNOUNCEMENT OF CLOSED SESSION ACTIONS: Jeffrey Ballinger, City Attorney, announced that for Closed Session Item H, the City Council did not discuss one of the items listed, and that Council Member Patterson recused herself from Closed Session Items G and H. He announced that for Closed Session Item H, the City Council voted 4-0 with Council Member Patterson recused/absent to intervene in the case of Clint R. Worthington v. Pamela Patterson, Case No. 30-2018-00993671-CU-CR-CxC. ROLL CALL: AYES: COUNCIL MEMBER: Ferguson, Reeve, Maryott and Mayor Farias NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: None RECUSED: COUNCIL MEMBER: Patterson Kevin Ennis, Special Counsel, announced that for Closed Session Item E, the City Council voted 4-1 with Council Member Patterson opposed to approve a Settlement and Release Agreement by which Vermuelen Ranch Center, LLC and Spieker Realty Investments will be required to dismiss their lawsuit against the City if in the City's sole and absolute discretion the City approves the second reading of the two ordinances on the Citv Council's June 11 , 2018, agenda to approve "The Farm Proiect," and then there is no referendum or lawsuit challenging those approvals. ROLL CALL: AYES: COUNCIL MEMBER: Ferguson, Reeve, Maryott and Mayor Farias NOES: COUNCIL MEMBER: Patterson ABSENT: COUNCIL MEMBER: None 2 6/11/2018 ADJOURNMENT: There being no further business, Mayor Farias adjourned the meeting to the Regular Meeting of Tuesday, June 11, 2018, at 5:00 p.m. for a public Business Session, in the City Council Chamber. Respectfully submitted, 1�4ror MA IA" MORRIS; CITY CLERK Approved: June 19, 2018 ATTEST: F SF RG I O FARIAS, MAYb R 3 6/11/2018 NOTICE OF SPECIAL MEETING SAN JUAN CAPISTRANO CITY COUNCIL The Gity Of qan Juan Capistrano, California, hereby gives notice that a Special Meeting (Closed e sion) of the City of San Juan Capistrano City Council will be held on Monday JU e 11, 2018, at 3:00 p.m. in the City Council Chambers, 32400 Paseo Adela�nt , S n Juan Capistfano, Cajfo�a. Ma City Clerk Date: June 6, 2018 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 Monday, June 11, 2018, 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. Sergio Farias, Mayor Brian L. Maryott, Mayor Pro Tem Kerry K. Ferguson, Council Member Pam Patterson, Esq., Council Member Derek Reeve, Council Member The Register Cap`jstrano alley News Cap=elels no ispatch Los Times I declarie u�der,penalty i MariaiM rri , City Clerk City o San uan Capistra Date: June 6, 2018 ,rjury thc)j, to foregoing is true and correct. NOTICE OF SPECIAL MEETING SAN JUAN CAPISTRANO CITY COUNCIL The Gity Of qan Juan Capistrano, California, hereby gives notice that a Special Meeting (Closed e sion) of the City of San Juan Capistrano City Council will be held on Monday JU e 11, 2018, at 3:00 p.m. in the City Council Chambers, 32400 Paseo Adela�nt , S n Juan Capistfano, Cajfo�a. Ma City Clerk Date: June 6, 2018 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 Monday, June 11, 2018, 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. Sergio Farias, Mayor Brian L. Maryott, Mayor Pro Tem Kerry K. Ferguson, Council Member Pam Patterson, Esq., Council Member Derek Reeve, Council Member The Register Cap`jstrano alley News Cap=elels no ispatch Los Times I declarie u�der,penalty i MariaiM rri , City Clerk City o San uan Capistra Date: June 6, 2018 ,rjury thc)j, to foregoing is true and correct.