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13-1119_CC_Minutes_Special MeetingMINUTES NOVEMBER 19, 2013 SAN JUAN CAPISTRANO CITY COUNCIL SPECIAL MEETING Mayor Taylor called the Special Meeting of the San Juan Capistrano City Council to order at 4:02 p.m. in the City Council Chamber. ROLL CALL: COUNCIL MEMBERS PRESENT: Roy L. Byrnes, M.D., Larry Kramer, Mayor pro tem Sam Allevato and Mayor John Taylor COUNCIL MEMBERS ABSENT: Derek Reeve. ORAL COMMUNICATIONS: None. DISCUSSION ITEM: C1. DISCUSS AND CONSIDER TAKING ACTION REGARDING THE ISSUES SET FORTH IN THE OPEN LETTER TO THE CITY COUNCIL FROM THE SAN JUAN CAPISTRANO CHAMBER OF COMMERCE, DATED NOVEMBER 14, 2013 (610.30/630.20/640.10/640.20) Public Comments: Mark Bodenhamer, Chamber of Commerce; Lennie DeCaro, City resident; Michael Forster, City resident; Tom Scott, City resident; Carolyn Franks, Chamber of Commerce; John Gillotti, Chamber of Commerce; Kim Lefner, City resident; Ricardo Beas, City Business Owner; Jim Carter, Chamber of Commerce, Steve Behmerwohld, City resident; Orrie Brown, City resident; and Alan Nicola, City resident. In connection with the five recommendations of the Chamber of Commerce the Council took the following actions: 1St Council Action: Moved by Council Member Kramer, seconded by Council Member Byrnes, and carried 4-0 with Council Member Reeve absent to: 1) Direct the City Attorney to submit a request through a legislator for an opinion from the Attorney General as to whether a sitting Council Member who is a lawyer may represent third parties in matters that are adverse to the City; and 2) Direct the City Attorney to work with Council Member Reeve to frame the question to be submitted to the Attorney General, with direction to bring the matter back to the City Council in the event that consensus cannot be reached between Council Member Reeve and the City Attorney as to how to frame the question in a manner consistent with the City Council's direction. ROLL CALL: AYES: COUNCIL MEMBER: Byrnes, Kramer, Allevato and Mayor Taylor NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: Reeve 11/19//2013 2nd Council Action: Moved by Mayor Taylor, seconded by Council Member Byrnes, and carried 4-0 with Council Member Reeve absent to direct staff to bring back to the City Council the following for discussion in regards to newspaper racks: 1) the legal options the City has in connection with different types of public properties within the City; 2) examples of policies from surrounding cities; and 3) the City's existing policies. ROLL CALL: AYES: COUNCIL MEMBER: Byrnes, Kramer, Allevato and Mayor Taylor NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: Reeve 3rd Council Action: Moved by Mayor Taylor, seconded by Mayor pro tem Allevato, and carried 4-0 with Council Member Reeve absent to: 1) drop the investigation in connection with the issue of whether the conduct of Council Member Byrnes was a Brown Act violation in light of the fact he believed he was acting within the parameters of the Brown Act; 2) direct the City Attorney to prepare a memorandum to the City Council that focuses on "Closed Session" Brown Act regulations, including specifically what matters must be identified on the Agenda and what matters are/are not reportable; 3) Direct the City Attorney to provide Brown Act reference pamphlets which available through the League of California Cities Institute for Local Government to each Councilmember; and 4) direct the City Attorney to announce to the City Council after conducting Closed Session meetings, and before leaving such meetings to commence the Open Session meeting, the items that are/are not reportable so that the Council is clear on the matter and can raise any concerns it may have related to reporting/not reporting out in Closed Session. ROLL CALL: AYES: COUNCIL MEMBER: Byrnes, Kramer, Allevato and Mayor Taylor NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: Reeve 4th Council Action: Moved by Council Member Kramer, seconded by Mayor Taylor, and carried 3-0-1 with Council Member Reeve absent and Council Member Byrnes abstaining to oppose the Recall efforts against Mayor pro tem Allevato. ROLL CALL: AYES: COUNCIL MEMBER: Kramer, Allevato and Mayor Taylor NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: Reeve ABSTAINED: COUNCIL MEMBER: Byrnes By consensus the council determined the fifth recommendation of the Chamber of Commerce was moot and needed no discussion or action in light of the Council's above actions. 2 11/19//2013 ADJOURNMENT: Mayor Taylor adjourned the meeting at 5:51 p.m. to Tuesday, December 3, 2013, at 4:00 p.m. for an Adjourned Regular Meeting; then to December 3, 2013, at 5:30 p.m. for Closed Session and 6:00 p.m. for the public Business Session and Closed Session, in the City Council Chamber. Respectfully submitted, RIA MORRIS, OY CLERK Approved: December 3, 2013 ATTEST: 1 AM ALLEVATO, MA OR 11/19H2013