17-0221_CC_Minutes_Special Meeting MINUTES
February 21, 2017
SAN JUAN CAPISTRANO CITY COUNCIL
SPECIAL MEETING
Mayor Ferguson called the February 21, 2017, Special Meeting of the City Council to
order at 3:07 p.m. in the City Council Chamber.
ROLL CALL
COUNCIL MEMBERS PRESENT: Mayor Kerry K. Ferguson, Mayor Pro Tem
Sergio Farias, and Council Members Pam Patterson, Esq., and Brian Maryott,
COUNCIL MEMBERS ABSENT: Derek Reeve.
ORAL COMMUNICATIONS/CORRESPONDENCE/PUBLIC COMMENT ON CLOSED
SESSION ITEMS:
• Rhen Kohan, City resident; Steve Behmerwohld, City resident; Greg Watkins,
Watkins Cerny Architects & Planners, Inc. (provided handout); Ann Ronan,
City resident; Chip DeSon, City resident, Mary Ann Davidson, City resident;
Brad Stipe, SPD, LLC (provided handout); Leslie Eiser, Camino Real Playhouse;
John Campbell, City resident; Beverly Blake, Camino Real Playhouse; and,
Tom Scott, Camino Real Playhouse.
CLOSED SESSION (610.85)
A Closed Session was held for the following purposes, as authorized by statute:
a. 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 certain real property located at APN 124-160-55 Commercial
Property (31776 EI Camino Real) and APN 124-160-57 Parking Lot (28874
Ortega Highway) Negotiating parties: Friess Property Investments; Rivendell
Land Company, Inc.; O'Shea Properties; Frontier Real Estate Investment, LLC;
Guidepost Montessori; Premier Aquatic Services; Capistrano Center for the
Performing Arts Group; Arroyo Seco Development Group; SPD, LLC; and,
Metro Commercial Realty Corp.
b. 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 certain real property located at, APNs 121-240-39, 121-240-73,
portion of 121-240-76, 121-253-13 and 121-253-15 Vacant Land
(Lower Losan Ranch) Negotiating parties: Blackwood LLC; REDA Acquisitions,
LLC; KB Home California LLC; Frontier Real Estate Investments LLC; Ganahl
Lumber Co.; Borstein Enterprises; Genova Capital, Inc.; Walbern Developments
Inc.; Davis Realty Partners, LLC; Synerglenn Community, Inc.; Williams Family
Partners, LLC; SP Acquisition LLC; and, Metro Commercial Realty Corp.
1 2/21/2017
i
C. Pursuant to Government Code Section 54956.8, the City Council did
not meet with its Real Property Negotiators (Ben Siegel, City Manager; and
Jeffrey Ballinger, City Attorney) concerning the price and terms of payment
concerning certain real property located at 29943 Camino Capistrano
(Roger Y. Williams Swanner House) Negotiating party: (Hamilton Oaks, LLC).
d. Pursuant to Government Code Section 54956.8, the City Council did not meet
with its Real Property Negotiators (Ben Siegel, City Manager; and
Jeffrey Ballinger, City Attorney) concerning the price and terms of payment
concerning certain real property located at 29943 Camino Capistrano
(Northwest Open Space) Negotiating party: (Jim Adam). 1
e. Pursuant to Government Code Section 54956.8, the City Council met with its
Real Property Negotiator (Ben Siegel, City Manager) concerning the price and
terms of payment concerning the possible transfer of the City's Water and/or
Sewer Infrastructure. Negotiating parties: Santa Margarita Water District,
Moulton Niguel Water District, and South Coast Water District.
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
San Juan Hills Golf Club, LP. vs. City of San Juan Capistrano. OC Superior
Court Case No. 30-2014-00742347.
g. Pursuant to Government Code Section 54956.8, the City Council met
with its Real Property Negotiators (Ben Siegel City Manager; and
Jeffrey Ballinger, City Attorney) concerning the price and terms of payment
concerning certain real property located at La Novia and San Juan Creek Road
(APN: 666-011-20 and 666-011-21). Negotiating party: San Juan Hills Golf Club,
LP.
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
Kim McCarthy v. City of San Juan Capistrano, DIR Case No. 44891-STARCI.
i. Pursuant to Government Code section 54957.6, the City Council did not confer
with its labor negotiators (Ben Siegel, City Manager and Sam Penrod, Human
Resources Manager) as to the Memoranda of Understanding with represented
employees, including salaries and fringe benefits. The affected bargaining
units are San Juan Capistrano Classified Employees Association and
San Juan Capistrano Management and Professional Employees Association.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS: Jeff Ballinger, City Attorney
announced that the City Council discussed Closed Session Items A, B, E, F, G and H;
and, stated that the reportable actions for Closed Session Items F and G will be provided
during the February 21, 2017, open session item.
2 2/21/2017
ADJOURNMENT:
There being no further business, Mayor Ferguson adjourned the meeting to the
Regular Meeting of Tuesday, February 21, 2017, at 5:00 p.m. for a public Business
Sessior%, in tl�e City Council Chamber.
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Approved: March 7, 201
ATTEST:
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3 2/21/2017
NOTICE OF SPECIAL MEETING
i 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
Tuesday, February 21, 2017, at 3:00 p.m. in the City Council Chambers, 32400 Paseo
Adelanto, San Juan Capistrano, California.
(11
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ria Morris, ityrk
Date: February 15, 2017
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, February 21, 2017, 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.
Kerry K. Ferguson, Mayor
Sergio Farias, Mayor pro tem
Brian L. Maryott, Council Member
Pam Patterson, Esq., Council Member
Derek Reeve, Council Member
The Register
Capistrano Valley News
Capistrano Dispatch
Los Angeles Times
I declare under pens of perjury that the foregoing is true and correct.
0 V:-CK
aria Morris, City C e k
City of San Juan Capistrano
Date: February 15, 2017