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.