15-0901_CC_Minutes_Special Meeting MINUTES
September 1, 2015
SAN JUAN CAPISTRANO CITY COUNCIL
SPECIAL MEETING
Mayor Reeve called the Special Meeting of the City Council to order at 3:06 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, and John M. Perry.
COUNCIL MEMBERS ABSENT: Sam Allevato.
ORAL COMMUNICATIONS/PUBLIC COMMENT ON CLOSED SESSION ITEMS:
• Tom Scott, Camino Real Playhouse; and Randall G. Lanson, Chairman of Glenwood
Housing Foundation.
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).
l I b. Pursuant to Government Code Section 54956.9 (a), (d)(2), and (d)(4), the City Council
6-0 conferred with Legal Counsel to discuss exposure to potential litigation, concerning
potential waiver of confidentiality of closed session information (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 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.
e. Pursuant to Government Code Section 54956.8, the City Council met with its Real
Property Negotiators (Keith Till, Interim City Manager and 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.
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1 4/21/2015
f. Pursuant to Government Code Section 54956.8, the City Council met with its Real
Property Negotiators (Keith Till, Interim 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).
g. 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).
h. 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.
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 for Closed Session Item B, the City Council discussed waiving
confidentiality on certain discussions held by the City Council on July 21, 2015, and
August 4, 2015, regarding the Interim City Manager and City Manager positions, and
recommended that the City Council adopt a motion that waives the confidentiality of these
discussions.
Council Action: Moved by Mayor Reeve, seconded by Council Member Ferguson and, carried
4-0 with Council Member Allevato absent to waive confidentiality of the Closed Session
discussions held on July 21, 2015, and August 4, 2015, regarding the Interim City Manager
and City Manager positions.
ROLL CALL:
AYES: COUNCIL MEMBER: Ferguson, Perry, Patterson and Mayor Reeve
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Allevato
ADJOURNMENT:
There being no further business, Mayor Reeve adjourned the meeting to
Tuesday, September 1, 2015, at 5:00 p.m. for public Business Session, in the
City Council Chamber.
2 9/1/2015
Res e ily submitted,
MAR"rYS, CITY RK
Approved: September 15, 2015
ATZES_T: I
DEREK REEVE, MAYOR
3 9/l/2015
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
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September 1, 2015, at 3:00 p.m. in the City Council Chambers, 32400 Paseo
San Juan Capistrano alifornia.
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Date: August 27, 2 15
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, September 1, 2015,
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.
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
LosIsTrmeI dety erjury thatthe foregoing is true and correct.
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City of San Jua Capistran
Date: August 27, 2015