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19-0305_CC_Minutes_Special MeetingMINUTES March 5, 2019 SAN JUAN CAPISTRANO CITY COUNCIL SPECIAL MEETING Mayor Maryott called the March 5, 2019, Special Meeting of the City Council to order at 3:03 p.m., in the City Council Chamber. ROLL CALL COUNCIL MEMBERS PRESENT: Mayor Brian L. Maryott, Mayor Pro Tem Troy Bourne, and Council Members Derek Reeve, John Taylor and Sergio Farias. COUNCIL MEMBERS ABSENT: None. ORAL COMMUNICATIONS/CORRESPONDENCE/PUBLIC COMMENT ON CLOSED SESSION ITEMS: None. 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 conferred with real property negotiators (Benjamin Siegel, City Manager; and Kevin Ennis, Special Counsel) pertaining to the price and terms of payment for the transfer of the City's real property interests in the site occupied by the Groundwater Recovery Plant which is used for water operations generally located on a portion of property 32400 Paseo Adelanto, APN 668-101-23. The property owner is the City of San Juan Capistrano. Negotiating party: Santa Margarita Water District. b. Pursuant to Government Code Section 54957.6, the City Council conferred with its labor negotiator (Benjamin Siegel, City Manager) pertaining to negotiations with the San Juan Capistrano Classified Employees Association (CEA) and the San Juan Capistrano Management and Professional Employees Association (MPEA) relating to the potential transfer of City water and wastewater operations to Santa Margarita Water District. c. Pursuant to Government Code Section 54956.9 (a), (d)(2), the City Council conferred with Legal Counsel to discuss anticipated litigation — significant exposure to litigation (1 item). d. 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 La Novia Ave. and San Juan Creek Road (APN: 666-011-27 and 666-011-28). Negotiating party: San Juan Hills Golf Club, L.P. e. Pursuant to Government Code Section 54956.9(a) and (d) (1)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). 3/5/2019 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 San Juan Capistrano v. California Public Utilities Commission. Ninth Circuit Court of Appeals Case No. 17-56693. 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 SPM -Fairfield, LLC v. City of San Juan Capistrano. OC Superior Court Case No. 30-2016-00878881-CU-TT-CXC. Court of Appeal Case No. G056835. h. 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 v City of San Juan Capistrano, Case No. 30-2019-01048945- CU-WM-CJC. i. Pursuant to Government Code Section 54956.9(d) (4), the City Council conferred with Legal Counsel to discuss initiation of litigation (1 item). j. 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 price and terms of payment for license agreement concerning City owned vertical infrastructure throughout the city. Negotiating parties: Md7 LLC; Verizon; and, AT&T. k. 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 price and terms of payment concerning City owned real property located at APN 121-050-21, generally located northwest of the intersection of Camino Capistrano and Junipero Serra Road. Negotiating parties: C & C Development Co., LLC and Jamboree Housing Corporation. I. 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 Housing is a Human Right Orange County, an unincorporated association; Orange County Catholic Worker, an unincorporated association; Emergency Shelter Coalition, a non-profit corporation; Duane Nichols, Darren James, Bruce Strobel, all as individuals and on behalf of the class of similarly situated individuals v. County of Orange, City of Irvine, City Aliso Viejo, City of San Juan Capistrano, and City of San Clemente. United Stated District Court for the Central District of California — Southern Division Case No. 8:19-cv-00388. ANNOUNCEMENT OF CLOSED SESSION ACTIONS: Jeffrey Ballinger, City Attorney, announced that for Closed Session Item G, the City Council voted 5-0 to dismiss the appeal. 2 3/5/2019 ADJOURNMENT: There being no further business, Mayor Farias adjourned the meeting to the Regular Meeting of Tuesday, March 5, 2019, at 5:00 p.m. for a public Business Session, in the Citv Codincil Chamber. CITY Approved: March 19, 2019 ATTEST: BRIAWE MARYOTT, MAYOR 3 3/5/2019 NOTICE OF SPECIAL MEETING SAN JUAN CAPISTRANO CITY COUNCIL City of San Juan Capistrano, California, hereby gives notice that a Special Meeting sedlsion) of the City of San Juan Capistrano City Council will be held on ;d arch 5, 2019, at 3:00 p.m. in the City Council Chambers, 32400 Paseo ,Ian Juan Capistrano, California. Date: February 27, 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, March 5, 2019, 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. Brian L. Maryott, Mayor Troy Bourne, Mayor Pro Tem Sergio Farias, Council Member Derek Reeve, Council Member John Taylor, Council Member The Register Capistrano Valley News Capistrano Dpatch Los Anodes 1 imes I declare Ll`d�r penalty of peKhy that Maria Morris, City Clerk City of San Juan Capistrano Date: February 27, 2019 oing is true and correct.