19-0806_CC_Minutes_Special MeetingMINUTES
August 6, 2019
SAN JUAN CAPISTRANO CITY COUNCIL
SPECIAL MEETING
Mayor Maryott called the August 6, 2019, Special Meeting of the City Council to order at
3:37 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 (arrived at 3:44 p.m.).
COUNCIL MEMBERS ABSENT: None.
ORAL COMMUNICATIONS/CORRESPONDENCE/PUBLIC COMMENT ON CLOSED
SESSION ITEMS: None.
4/5 VOTE TO ADD CLOSED SESSION ITEM I:
Council Action: Moved by Mayor Maryott, seconded by Council Member Taylor, and
carried unanimously to add the following closed session item: Pursuant to Government
Code Section 54956.9(d), the City Council will confer with legal counsel pertaining to
initiation of litigation pertaining to the operation of a commercial wedding venue at
31822 Aguacate Road, San Juan Capistrano, California (aka "The Peppertree Estate").
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 (2 items).
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, APNs 121-240-39, 121-240-73, portion of 121-240-76, 121-
253-13 and 121-253-15 Vacant Land (Lower Losan Ranch). Negotiating party:
Ganahl Lumber.
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e. 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,
666-011-28, 666-013-06, 666-042-10 and 666-042-11). Negotiating party:
San Juan Hills Golf Club, L.P.
Pursuant to Government Code Section 54956.9(d) (2), the City Council conferred
with legal counsel pertaining to significant exposure to litigation arising from letter
dated May 3, 2019, from Andrew Chen, on behalf of Marcus Hedgpeth.
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
Housing is a Human Right Orange County, et al. v. City of San Juan Capistrano,
et al. U.S. Dist. Ct. Central Dist. of Cal.— So. Div. Case No. 8:19-cv-00388.
h. Pursuant to Government Code Section 54957, the City Council conducted a
performance evaluation of the City Manager.
Pursuant to Government Code Section 54956.9(d), the City Council conferred
with legal counsel pertaining to initiation of litigation pertaining to the operation of
a commercial wedding venue at 31822 Aguacate Road, San Juan Capistrano,
California (aka "The Peppertree Estate").
ANNOUNCEMENT OF CLOSED SESSION ACTIONS: Jeff Ballinger, City Attorney
announced that for Closed Session Item I, the City Council directed its Legal Counsel to
initiate litigation, including a civil action and seek of a temporary restraining order to stop
the commercial wedding venue on property located at 31822 Aguacate Road, San Juan
Capistrano (aka "The Peppertree Estate").
ADJOURNMENT:
There being no further business, Mayor Maryott adjourned the meeting to the Regular
Meet'ng'bfJe
f'resday, August 6, 2019, at 5:00 p.m. for a public Business Session, in the
City Co nChamber; and reconvened back to closed session at 7:59 p.m.; and,
adj urn d meeting at 8:11 p.m.
ly subm
RIS, CITY
Approved: August 20,
ATTEST:
BRIAN L. MARYOTT, MAYOR
2 8/6/2019
NOTICE OF SPECIAL MEETING
SAN JUAN CAPISTRANO
CITY COUNCIL
The' City of San Juan Capistrano, California, hereby gives notice that a Special Meeting
(Closed Session) of the City of San Juan Capistrano City Council will be held on
Tuesday, August 6, 2019, at 3:00 p.m. in the City Council Chambers, 32400 Paseo
Adelanto, San Juan Capistrano, California.
Maria Morris, City Cler
Date: July 31, 2019
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, August 6, 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
Capi traryo D''spatch
Los ngTlea/Iimes
penalty of perjury that the foregoing is true and correct.
City of San Juan
Date: July 31, 2019