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
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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.
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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
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