15-0818_CC_Minutes_Special Meeting MINUTES
August 18, 2015
SAN JUAN CAPISTRANO CITY COUNCIL
SPECIAL MEETING
Mayor Reeve called the Special Meeting of the City Council to order at 2:31 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 ITEM ADDED TO THE AGENDA BY 4/5 VOTE MINIMUM TO DISCUSS
AN ITEM THAT AROSE AFTER POSTING OF THE AGENDA:
Council Action: Moved by Mayor Reeve, seconded by Council Member Ferguson, and carried
unanimously to add to the Agenda the following closed session item: 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 South Coast Water District, April 13, 2015, complaint
regarding SWRCB Permit No. 21074 (Cal EPA).*
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 (2 items).
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 San Juan Hills Golf
Club, LP. vs. City of San Juan Capistrano. OC Superior Court Case No.
30-2014-00742347.
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 Vermuelen Ranch
Center, LLC vs. City of San Juan Capistrano. OC Superior Court Case No. 30-2015-
00799138-CU-EI-CXC.
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 Krogius vs. City of
San Juan Capistrano. OC Superior Court Case No. 30-2015-007787735-SC-SC-HNB.
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).
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f. Pursuant to Government Code Section 54956.8, the City Council met with its
Real Property Negotiators (Karen P. Brust, City Manager; and 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.
g. 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.
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 Glaser v. City of
San Juan Capistrano. OC Superior Court Case No. 30-2011-00456117.
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 Glaser v. Old San Juan
Road Homeowners Association. OC Superior Court Case No. 30-2013-00686795.
j. Pursuant to Government Code Section 54956.8, the City Council met with its
Real Property Negotiators (Karen P. Brust, City Manager; and Jeffrey Ballinger,
City Attorney) concerning the price and terms of payment concerning certain real
property located at APN 124-160-18 Public Parking Lot (Southwest corner of EI Camino
Real and Yorba Street); APN 124-160-16 Public Parking Lot (31852 EI Camino Real at
Forster Street); APN 124-160-19 Public Parking Lot (31811 EI Camino Real at Yorba
Street); APN 124-160-31 Public Parking Lot (26874 Ortega Highway at EI Camino
Real); APN 124-160-55 Commercial Property (31776 EI Camino Real); and,
APNs 121-240-36, 121-240-73, 121240-76, 121-253-13 and 121-253-15 Vacant Land
(Lower Rosan Ranch).
k. 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 Dove Capistrano
partners, LLC v. City of San Juan Capistrano. OC Superior Court Case No. 30-2015-
00803781-CV-WM-CJC.
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 South Coast Water
District, April 13, 2015, complaint regarding SWRCB Permit No. 21074 (Cal EPA).*
ANNOUNCEMENT OF CLOSED SESSION ACTIONS:
Council Member Perry recused himself from Closed Session Item B due to being a former
employee of the San Juan Hills Golf Club, and proximity to his residence. Jeff Ballinger,
City Attorney, announced that for Closed Session Item D, the City Council voted unanimously
5-0 not to appeal the matter of Krogius vs. City of San Juan Capistrano; for Closed Session
Items H and I, the City Council voted unanimously 5-0 for a settlement resulting in no cost to
the City in the matter of Glaser vs. the City of San Juan Capistrano, and Glaser vs. Old San
Juan Road Homeowners Association; and for Closed Session I, the City Council voted
unanimously 5-0 to authorize Legal Counsel to defend the matter of South Coast Water
District.
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ADJOURNMENT:
There being no further business, Mayor Reeve adjourned the meeting to
— Tuesday, August 18, 2015, at 5:00 p.m. for public Business Session, in the
City Council Ch 7
bar.
Respectful) b nitted,
MARIA M IS, ITY C RK
Approved: September 1, 2015
ATTEST: �
DEREK REEVE, MAYOR
L
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NOTICE OF SPECIAL MEETING
SAN JUAN CAPISTRANO
._, CITY COUNCIL
The City of an Juan Capistrano, California, hereby gives notice that a Special Meeting
(CI a ion) of the City of San Juan Capistrano City Council will be held on
T ust 18, 2015, at 2:30 p.m. in the City Council Chambers, 32400 Paseo
A ela to, S Juan Capistrano, California.
Ma ' or is, Ity Cler
Date: August 13, 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 (Closed Session) of the
City of San Juan Capistrano City Council will be held on Tuesday, August 18, 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 Pa ch
Los e s imes
I declar u penalty of perjury t t the foregoing is true and correct.
Maria ri C y Jerk
City of San an Capistr o
Date: August 13, 2015