15-0602_CC_Minutes_Special Meeting MINUTES
June 2, 2015
SAN JUAN CAPISTRANO CITY COUNCIL
SPECIAL MEETING
Mayor Reeve called the Special Meeting of the City Council to order at
2:37 p.m. in the City Council Chamber.
ROLL CALL
COUNCIL MEMBERS PRESENT: Mayor Derek Reeve, Mayor pro tem Pam Patterson,
Esq. (arrived at 2:45 p.m.), and Council Members Kerry K. Ferguson (arrived at 2:45
p.m.), John M. Perry and Sam Allevato.
COUNCIL MEMBERS ABSENT: None.
ORAL COMMUNICATIONS/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 54956.9 (a), (d)(2), and (d)(4), the City
Council conferred with Legal Counsel to discuss exposure to potential litigation.
(1 Item)
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 Save Our Historic Town Center, Mark Nielsen, Kenneth E. Friess, and
Robert J. Williams vs. City of San Juan Capistrano, at. al.
OC Superior Court Case No. 30-2014-00760231.
C. 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 Urban Village Development Company, LLC; Urban Capital Ventures,
LP vs. Maria Morris, in her official capacity as Clerk of City of San Juan
Capistrano; City Council of San Juan Capistrano; Neal Kelley, in his official
capacity as Orange County Registrar of Voters; and Does 1 through 100,
inclusive. OC Superior Court Case No. 30-2015-00766640.
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 San Juan Hills Golf Club, LP. vs. City of San Juan Capistrano. OC
Superior Court Case No. 30-2014-00742347.
e. Pursuant to Government Code Section 54956.9(a), 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).
1 6/2/2015
f. Pursuant to Government Code Section 54956.9 (a), (d)(2), and (d)(4), the City
Council conferred with legal counsel to discuss initiating litigation
(1 case) relating to the State Department of Finance.
g. Pursuant to Government Code Section 54951 & (d) (1), the
City Council conferred with legal counsel pertaining to threatened/pending
litigation in the matter of Jeffrey Cotton, at al. vs. City of San Juan Capistrano, at
al.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS:
Council Member Perry recused himself from Closed Session Item D due to being a
former employee of the San Juan Hills Golf Club, and proximity to his residence.
Elizabeth Hull, Deputy City Attorney, announced that the City Council only discussed 1
item of potential litigation under Closed Session Item A. The item discussed was the
threat of litigation received regarding refunds as a result of the Capistrano Taxpayers
Association litigation. As part of the discussion, the City Council has considered to
refund or credit at the consumers choice for tiers 2, 3, and 4, less a cost basis that is
still yet to be determined. Customers will need to apply for a refund or credit pursuant to
the process to be established by the City. The anticipated refund or credit period will be
August 28, 2013 to June 30, 2014. This item is related to future item E3a on the City
Council Regular Meeting agenda of June 2, 2015.
ADJOURNMENT:
There being no further business, Mayor Reeve adjourned the meeting to
Tuesday, June 2, 2015, at 5:00 p.m. for public Business Session, in the
CitpC it Chamber.
Re
fu submitted,
MARIA,MO I , TY LER
Appro d: June 16, 2015
ATTEST:
DEREK REEVE, MAYOR
II
2 6/2/2015
NOTICE OF SPECIAL MEETING
SAN JUAN CAPISTRANO
CITY COUNCIL
The City of San Juan Capistrano, California, hereby gives notice that a Special Meeting
of the City of San Juan Capistrano City Council will be held on Tuesday, June 2, 2015,
at 2:30 p.m. in the City Council Chambers, 32400 Paseo Adelanto, San Juan
Capistrano, California.
0 ULC
ria Morris, Ci y 1 c
Date: May 28, 2015
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 of the City of San Juan
Capistrano City Council will be held on Tuesday, June 2, 2015, at 2:30 p.m., was
mailed, emailed and/or sent via fax transmittal, or personally delivered not less than
twenty-four hours before the meeting.
Derek Reeve, Mayor
Pam Patterson, Esq., Mayor pro tem
Sam Allevato, Council Member
Kerry K. Ferguson, Council Member
John M. Perry, Council Member
The Register
Capistrano Valley News
Capistrano Dispatch
San Juan Patch
Los Angeles Times
1 r�and r pe 51 y of pe ury hat the foregoing is true and correct.
IIS o
riaorris, City Jerk
City-of San Juan Capist
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Date: May 28, 2015