16-0503_CC_Minutes_Special Meeting MINUTES
May 3, 2016
SAN JUAN CAPISTRANO CITY COUNCIL
SPECIAL MEETING
Mayor Patterson called the May 3, 2016, Special Meeting of the City Council to order at
2:01 p.m. in the City Council Chamber,
ROLL CALL
COUNCIL MEMBERS PRESENT: Mayor Pam Patterson, Esq., Mayor pro tem
Kerry K. Ferguson, and Council Members Derek Reeve, 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) (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.
b. Pursuant to Government Code Section 54956.9(a) & (d) (1), 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).
C. Pursuant to Government Code Section 54956.9 (a), (d)(2), the
City Council conferred with Legal Counsel to discuss exposure to potential
litigation (2 items). Threat of litigation by Robert Williams. Correspondence from
Larry Kramer, dated April 21, 2016.
d. Pursuant to Government Code Section 54957, the City Council met regarding the
employment/appointment of an Assistant City Manager.
e. Pursuant to Government Code Section 54957.6, the City Council will conferred
its labor negotiator (Ben Siegel, City Manager) as to salary, compensation and
terms of employment of an unrepresented employee. The affected
unrepresented employee is the Assistant City Manager.
f. Pursuant to Government Code Section 54957, the City Council conducted a
performance evaluation of the City Attorney,
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g, Pursuant to Government Code Section 54957.6, the City Council conferred with
its labor negotiator (Ben Siegel, City Manager) as to salary, compensation and
terms of employment of an unrepresented employee. The affected
unrepresented employee is the City Attorney.
h. Pursuant to Government Code Section 54956.8, the City Council met with its
Real Property Negotiators (Ben Siegel, City Manager; and
Jeff Ballinger, City Attorney) concerning the price and terms of payment
concerning real property owned by California Department of Transportation,
located at: Parcel Map 102506-01-01 (Former Jack in the Box); Parcel Map
102499-01-01(Former Chevron West); Parcel Map 102502-01-01 (Former
Arby's); and Parcel Map 102492-01-01 (Former Denny's).
i. 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.
j. 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.
k. 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 J due to the proximity
of the San Juan Hills Golf Club to his residence. Jeff Ballinger, City Attorney,
announced that the City Council approved the selection of Jacob Green for the position
of Assistant City Manager and an Employment Agreement will be brought forward for
approval at the next City Council meeting.
ADJOURNMENT:
There being no further business, Mayor Patterson adjourned the meeting to
Tuesday, May 3, 2016, at 5:00 p.m. for public Business Session, in the City Council
Chamber.
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Respectfully submitted,
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MA IA IAORRl , CPIrLERK
Approved: May 17, 2016
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PAM PA RSON, SQ., MAYOR
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