18-0619_CC_Minutes_Special MeetingMINUTES
June 19, 2018
SAN JUAN CAPISTRANO CITY COUNCIL
SPECIAL MEETING
Mayor Farias called the June 19, 2018, Special Meeting of the City Council to order at
3:00 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, Derek Reeve, and
Pam Patterson, Esq.
COUNCIL MEMBERS ABSENT: None.
ORAL COMMUNICATIONS/CORRESPONDENCE/PUBLIC COMMENT ON CLOSED
SESSION ITEMS:
The following correspondence was received for Oral Communications:
Rhen Kohan, City resident (2 correspondences).
• Public Comments: 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 54956.9(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 54956.8, 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 29943 Camino Capistrano (Northwest Open Space)
Negotiating parties: Calvary Chapel; Goals USA; Lifetime Fitness; Top Golf;
Community Sports Institute; Genova Capital Inc.; The Railroad Company; Red
Tail Acquisitions; Metro Commercial; The Vine Investment Group; and, Capistrano
Vineyards.
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 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.
6/19/2018
e. Pursuant to Government Code Section 54956.8, the City Council conferred with
real property negotiators (Benjamin Siegel, City Manager; and Jeffrey Ballinger,
City Attorney) pertaining to the price and terms of payment for license of real
property described as the Rancho Mission Viejo Riding Park at San Juan
Capistrano generally located at the southwest corner of Ortega Highway and La
Pata Avenue and addressed as 30753 Avenida La Pata. The property owner is
the City of San Juan Capistrano.
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 City of
Santa Ana vs. County of Orange, City of San Juan Capistrano, et al., Case No.
8:18-cv-001 555-DOC-JDE.
g. 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-C U -W M-CXC .
h. Pursuant to Government Code Section 54956.9(d) (2), the City Council conferred
with Legal Counsel to discuss significant exposure to potential litigation (1 item).
i. Pursuant to Government Code Section 54956.9(d) (4), the City Council conferred
with Legal Counsel to discuss initiation of litigation (2 cases).
j. Pursuant to Government Code Section 54956.9(a) & (d) (1), the City Council did
not confer with legal counsel pertaining to existing litigation in the matter of
Clint R. Worthington v. Pamela Patterson. Case No. 30-2018-00993671-CU-CR-
CxC.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS: Jeffrey Ballinger, City Attorney,
announce that for one of the items listed under Closed Session Item I, the City Council
voted unanimously 5-0 to initiate litigation that may be reference as County of
San Diego Test Claim - reporting requirements to control discharges of trash from
Phase I MS4s, California Regional Water Quality Control Board, San Diego Region —
Order No. R9-2017-0077. He also announced that the City Council did not confer on
Closed Session Item J.
ADJOURNMENT:
There being no further business, Mayor Farias adjourned the meeting to the Regular
Meeting of Tuesday, June 19, 2018, at 5:00 p.m. for a public Business Session, in the
City Council Chamber.
2 6/19/2018
Approved: August 7, 2018
ATTEST:
SEROO FARIAS, AYOR
6/19/2018
I
NOTICE OF SPECIAL MEETING
SAN JUAN CAPISTRANO
/1 CITY COUNCIL
The Ci of Sarti Juan Capistrano, California, hereby gives notice that a Special Meeting
(Close isr
n) ofthe City of San Juan Capistrano City Council will be held on
Tues y, 19, 201$, at 3:00 p.m. in the City Council Chambers, 32400 Paseo
Adela to uan Capistrano, California.
Mario Mfri�, City Clerk
Date: June 13, 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 Tuesday, June 19, 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
Capistrano V Hey News
Cap strano ispatch
Los n6,ele Times
1 %
I de6larb nder penalty of perjury that the foregoing is true and correct.
li, r1, 1 Ci
Maria IV4orr s, City Clerk
City of San Juan Capis rano
Date: June 13, 2018