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.