15-0804_CC_Minutes_Special Meeting_ MINUTES
August 4, 2015
SAN JUAN CAPISTRANO CITY COUNCIL
SPECIAL MEETING
i
Mayor Reeve called the August 4, 2015, Special Meeting of the City Council to order at
2:04 p.m. in the City Council Chamber.
ROLL CALL
COUNCIL MEMBERS PRESENT: Mayor Derek Reeve, Mayor pro tem Pam Patterson,
Esq., and Council Members Kerry K. Ferguson, 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 (3 items).
b. Pursuant to Government Code Section 54956.9 (a), (d)(2), and (d)(4), the
City Council conferred with Legal Counsel to discuss anticipated litigation and/or
u may contemplate initiating litigation (1 item).
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 San Juan Hills Golf Club, LP. vs. City of San Juan Capistrano.
OC Superior Court Case No. 30-2014-00742347.
d. Pursuant to Government Code Section 54956.9(a) & (d) (1), the
City Council conferred with legal counsel pertaining to threatened/pending
litigation in the matter of Jeffrey Cotton, et al. vs. City of San Juan Capistrano, et
al.
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).
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 Vermuelen Ranch Center, LLC vs. City of San Juan Capistrano.
OC Superior Court Case No. 30-2015-00799138-CU-EI-CXC.
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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 Krogius vs. City of San Juan Capistrano.
OC Superior Court Case No. 30-2015-007787735-SC-SC-HNB.
h. Pursuant to Government Code Section 54956.8, the City Council did not meet
with its Real Property Negotiators (Karen P. Brust, City Manager; Jeffrey
Ballinger, City Attorney) concerning the price and terms of payment of potential
lease/license for certain real property located at 25925 Camino Del Avion, in the
City of San Juan Capistrano, California. Negotiating parties: Los Angeles SMSA
Limited Partnership, a California limited partnership, dba Verizon Wireless.
i. Pursuant to Government Code Section 54956.8, the City Council met with its
Real Property Negotiators (Karen P. Brust, City Manager; Jeffrey Ballinger,
City Attorney) concerning the price and terms of payment concerning certain real
property located at 31612 EI Camino Real, in the City of San Juan Capistrano
(Assessor Parcel Number 124-170-11). Negotiating parties: Calvary Chapel of
San Juan Capistrano.
j. Pursuant to Government Code Section 54957, the City Council met regarding the
appointments or employment of a City Manager/Interim City Manager.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS:
Council Member Perry recused himself from Closed Session Item C due to being a
former employee of the San Juan Hills Golf Club, and proximity to his residence.
Jeff Ballinger, City Attorney, announced that the City Council did not meet on Closed
Session Item H; the City Council voted 5-0 unanimously on Closed Session Item J, to
appoint Keith Till as the Interim City Manager; the City Council on Closed Session Item
A, discussed an item related to a letter from Marc Goldstein, dated July 18, 2015,
regarding water rate refunds (the letter was made available to the public); and the
City Council on Closed Session A. voted 4-1 with Council Member Allevato opposed to
provide interest on the water rate refunds that the City Council had previously approved,
the interest will be 10% for one (1) year, in order to provide a fair and equitable result to
the ratepayers.
ADJOURNMENT:
There being no further business, Mayor Reeve adjourned the meeting to
Tuesday, August 4, 2015, at 5:00 p.m. for public Business Session, in the
City Council Chamber.
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Approved: August 18, 2015
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DEREK REEVE, MAYOR
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