19-0820_CC_Minutes_Special MeetingMINUTES
August 20, 2019
SAN JUAN CAPISTRANO CITY COUNCIL
SPECIAL MEETING
Mayor Maryott called the August 20, 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 (arrived approximately
at 3:40 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 Reeve, and
carried 4-0 with Council Member Farias absent to add the following closed session item:
Pursuant to Government Code Section 54956.8, the City Council will meet 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.
ROLL CALL:
AYES:
COUNCIL MEMBER: Reeve, Taylor, Bourne and Mayor Maryott
NOES:
COUNCIL MEMBER: None
ABSENT-
COUNCIL MEMBER: Farias
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.
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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 54956.9(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.
e. Pursuant to Government Code Section 54956.9(d)(1), the City Council conferred
with legal counsel pertaining to existing litigation pertaining to the operation of a
commercial wedding venue at 31822 Aguacate Road. San Juan Capistrano,
California (aka "The Peppertree Estate") (City of San Juan Capistrano v. Pines
and Palms Ranch, LLC and Tonya Pugmire Picerne, Orange County Court Case
No. 30-2019-01089368-CU-MC-CJC).
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 Schuyler Lifschultz et al. v. City of San Juan Capistrano, U.S. Dist. Ct.
Central Dist. of Cal.— So. Div. Case No. 8:19-cv-19-1497.
g. Pursuant to Government Code Section 54956.9(d), the City Council conferred
with legal counsel pertaining to the initiation of litigation pertaining to the potential
filing of an amicus curiae ("friend of the court") brief in support of the City of Boise,
Idaho's petition to the United States Supreme Court to grant review of the Martin
v. Boise decision (Martin v. City of Boise (9th Cir. 2018) 902 F.3d 1031).
h. Pursuant to Government Code Section 54957, the City Council did not conduct a
performance evaluation of the City Manager.
Pursuant to Government Code Section 54957, the City Council did not conduct a
performance evaluation of the City Attorney.
Pursuant to Government Code Section 54957, the City Council did not conduct a
performance evaluation of the City Clerk.
k. 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 June 28, 2019, from Cory J. Briggs, on behalf of Jeff Vasquez.
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.
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ANNOUNCEMENT OF CLOSED SESSION ACTIONS: Jeffrey Ballinger, City Attorney
reported that for Closed Session Item G, the City Council voted 5-0 to join the amicus
brief for the Martin v. Boise decision; and announced that Council Member Taylor
recused himself from Closed Session Item K due to his property interest.
ADJOURNMENT:
There being no further business, Mayor Maryott adjourned the meeting to the Regular
Meeting of Tue day, August 20, 2019, at 5:00 p.m. for a public Business Session, in the
City C un it C amber.
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Respectfully\ Ubmitted,
i
MARI Rf� ,CITY C
Approved: September 3, 2019
ATTEST:
i
B RFAN L. MARYOTT, MAYOR
r
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NOTICE OF SPECIAL MEETING
SAN JUAN CAPISTRANO
CITY COUNCIL
Th iter o San Juan Capistrano, California, hereby gives notice that a Special Meeting
( os d S ssion) of the City of San Juan Capistrano City Council will be held on
T es 0 ,- ugust 20, 2019, at 3:00 p.m. in the City Council Chambers, 32400 Paseo
A ela t ,' an Juan Capistrano, California.
Mari',a--'- As, City Clerk `
Date: August 14, 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 20, 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
Cistrago Dispatch
Lo77goles Times
I decla�o finder penalty of perjury that the foregoing is true and correct.
Maria r4rri!�City ClerkCity ofSan J an Capistrano
Date: August 14, 2019