17-0606_CC_Minutes_Special Meeting MINUTES
June 6, 2017
SAN JUAN CAPISTRANO CITY COUNCIL
SPECIAL MEETING
Mayor Ferguson called the June 6, 2017, Special Meeting of the City Council to order at
3:05 p.m. in the City Council Chamber.
ROLL CALL
COUNCIL MEMBERS PRESENT: Mayor Kerry K. Ferguson, Mayor Pro Tem
Sergio Farias, and Council Members Derek Reeve, Pam Patterson, Esq., and
Brian L. Maryott.
COUNCIL MEMBERS ABSENT: 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 Council Member Reeve, seconded by Council Member
Maryott and carried unanimously to add to the Agenda the following closed session item:
Pursuant to Government Code Section 54956.9 (d)(1), the City Council will confer with
Legal Counsel to discuss existing litigation in the matter of Orange County Coastkeeper
v. City of San Juan Capistrano. Case No. 8:17-CU-00956-JLS-DFM.*
ORAL COMMUNICATIONS/CORRESPONDENCE/PUBLIC COMMENT ON CLOSED
SESSION ITEMS:
• Public Correspondence: Judy Rosenberg, City resident (Closed Session Item A).
• Oral Communications: Steve Behmerwohld, City resident.
• Public Comments for Closed Session Item A: Kathleen Petersen, City resident;
and, Rhen Kohan, City resident.
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) and (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 Council 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), the City Council
conferred with Legal Counsel to discuss anticipated litigation (significant
exposure to litigation-- 2 items—Notice of Violations and Intent to File Suit,
dated March 31, 2017 from Orange County Coastkeeper; Supplemental Notice
of Violations and Intent to File Suit, dated May 4, 2017 from Orange County
Coastkeeper).
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 Urban Village Development Company, LLC; Urban Capital Ventures,
LP vs. Maria Morris, in her official capacity as Clerk of City of San Juan
Capistrano; City Council of San Juan Capistrano; Neal Kelley, in his official
capacity as Orange County Registrar of Voters; and Does 1 through 100,
inclusive. OC Superior Court Case No. 30-2015-00766640.
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 Save Our Historic Town Center, Mark Nielsen, Kenneth E. Friess, and
Robert J. Williams vs. City of San Juan Capistrano, at. al. OC Superior Court
Case No. 30-2014-00760231.
g. Pursuant to Government Code Section 54956.9(a) & (d) (1), the City Council did
not confer with legal counsel pertaining to existing litigation in the matter of
SPM-Fairfield, LLC v. City of San Juan Capistrano. OC Superior Court Case No.
30-2016-00878881-CU-TT-CXC.
h. 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 La Novia and San Juan Creek Road (APN: 666-
011-20 and 666-011-21). Negotiating party: San Juan Hills Golf Club, LP.
i. 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 29943 Camino Capistrano (Roger Y. Williams Swanner
House) Negotiating party: (Hamilton Oaks, LLC).
j. Pursuant to Government Code Section 54956.9 (d)(1), the City Council
conferred with Legal Counsel to discuss existing litigation in the matter of
Orange County Coastkeeper v. City of San Juan Capistrano. Case No.
8:17-C U-00956-J LS-DFM.*
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ANNOUNCEMENT OF CLOSED SESSION ACTIONS: Jeff Ballinger, City Attorney
announced that the City Council did not discuss Closed Session Items G and H; and,
that for Closed Session Item A, in the City Council's ongoing effort to challenge the
San Diego Gas and Electric Company (SDG&E) South Orange County Reliability
Enhancement Project, the City Council voted by a 4-1 vote to file a complaint in
Federal Court against the Public Utilities Commission (PUC) regarding SDG&E, with
Mayor Ferguson, Mayor Pro Tem Farias, Councilmembers Maryott and Patterson voting
yes and Council Member Reeve voting no.
ADJOURNMENT:
There being no further business, Mayor Ferguson adjourned the meeting to the
Regular Meeting of Tuesday, June 6, 2017, at 5:00 p.m. for a public Business Session,
in the City Council Chamber.
Respectfully submitted,
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MA A,MORRIS, CITY CLERK
Approved: June 20, 2017
ATTEST:
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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
Tuesday, June 6, 2017, at 3:00 p.m. in the City Council Chambers, 32400 Paseo
Adel to SWT
pno, California.
Mari 11 orris, Cit Cler
Date: May 31, 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, June 6, 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 decl7 nder penalty perjury that the foregoing is true and correct.
Mar Morris, Cit C rk
City of San Juan Cal5lstrano
Date: May 31, 2017