17-0321_CC_Minutes_Special Meeting MINUTES
March 21, 2017
SAN JUAN CAPISTRANO CITY COUNCIL
SPECIAL MEETING
Mayor Ferguson called the March 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: None.
ORAL COMMUNICATIONS/CORRESPONDENCE/PUBLIC COMMENT ON CLOSED
SESSION ITEMS:
• Public Correspondence: Kim McCarthy, City resident; and, Historical Alliance
Committee Board of Directors provided correspondence for Closed Session
Item A.
• Public Comments: Diane Eagan, City resident; Kathleen Petersen, City resident;
Rhen Kohan, City resident; Dawn Fusco, City resident; Nancy French,
City resident; and Clint Worthington, City resident.
MOTION TO REPORT OUT BY ROLL CALL VOTE FOR CLOSED SESSION ITEM A:
Council Member Patterson made a motion for the City Council for Closed Session Item A
to report out in open session by roll call vote, but the motion failed 3-2 with
Mayor Pro Tem Farias, Council Member Reeve and Council Member Maryott opposed.
ROLL CALL:
AYES: COUNCIL MEMBER: Patterson and Mayor Ferguson
NOES: COUNCIL MEMBER: Reeve, Maryott and Mayor Pro Tem Farias
ABSENT: COUNCIL MEMBER: 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 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).
b. Pursuant to Government Code section 54957.6, the City conferred with its labor
negotiators (Jacob Green, Assistant 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.
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C, Pursuant to Government Code Section 54956.9 (a), (d)(2), and (d)(4), the
City Council did not confer with Legal Counsel to discuss exposure to potential
litigation (Letter from Charles Krolikowski, dated June 30, 2016).
d. Pursuant to Government Code Section 54956.9, (d)(1), the City Council conferred
with legal counsel pertaining to existing litigation in the matter of EI Nido Estates,
LLC vs. City of San Juan Capistrano, et al. OC Superior Court Case No.
30-2016-00889750
e, 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 located at: Oliva Homes (APN 673-801-22),
32221 Del Obispo Street (APN 673-111-21), 32351 Del Obispo Street
(APN 673-111-28); 32351 Del Obispo Street (APN 673-061-10);
32151 Del Obispo Street (APN 673-111-17 & 16). Negotiating parties: TNHC San
Juan LLC, Taylor Family Trust, DRCP Holdings, Dan Almquist and Harry Falkam.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS: Mayor Ferguson reported that
for Closed Session Item A, the City Council decision was to keep all legal options open.
ADJOURNMENT:
Therbein no further business, Mayor Ferguson adjourned the meeting to the
Regu ar M sting of Tuesday, March 21, 2017, at 5:00 p.m. for a public Business
Sessi 6, io he City Council Chamber.
Resp ct 'i I submitted, `
MAIR, I {3R h IS, CITrLEll
Approved: April 4, 2017
ATTEST:
"M ,
KEqRV K. R S MAY R
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NOTICE OF SPECIAL MEETING
SAN JUAN CAPISTRANO
L 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, March 21, 2017, at 3:00 p.m. in the City Council Chambers, 32400 Paseo
Adelant, an Juan Capistrano, California.
Yi �
Maria Morris, City Jerk
Date: March 16, 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, March 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 penalty of perjury that the foregoing is true and correct.
UK i
lar
aria Morri , CityClerk
L✓ City of San Juan Capistrano
Date: March 16, 2017