11-0816_CC_Minutes_Regular MeetingMINUTES
August 16, 2011
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION:
Mayor Allevato called the Regular Meeting of the City Council to order at
5:04 p.m. in the City Council Chamber.
ROLL CALL
COUNCIL MEMBERS PRESENT: Laura Freese, Derek Reeve, John Taylor
(Arrived at 5:08 p.m.), Mayor pro tem Larry Kramer, and Mayor Sam Allevato
COUNCIL MEMBERS ABSENT: None
PUBLIC COMMENT:
• Sally G. Rather, City resident, read a letter regarding the Capistrano Terrace
Mobilehome closure submitted to the City Council from herself on May 17, 2010; and
provided a handout.
• Trevor Dale, City resident, felt that the Capistrano Terrace Mobilehome owners are
dragging the process for the last four (4) years; and asked that the City Council
follow the City's Mobilehome Park Closure Ordinance.
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(c), the City Council conferred with
legal counsel pertaining to two potential items for initiation of litigation.
b. Pursuant to Government Code Section 54956.9(a), the City Council conferred with
legal counsel pertaining to existing litigation in the matter of Pierre and
Cameron Grenier vs. City of San Juan Capistrano.
BUSINESS SESSION:
Mayor Allevato called the Regular Meeting of the City Council of the
City of San Juan Capistrano to order at 6:15 p.m. in the City Council Chamber.
Mayor pro tem Kramer led the Pledge of Allegiance and gave the invocation.
Kyla Stone, Marco Forster Middle School performed "God Bless the USA."
ROLL CALL
COUNCIL MEMBERS PRESENT: Laura Freese, Derek Reeve, John Taylor,
Mayor pro tem Larry Kramer, and Mayor Sam Allevato
COUNCIL MEMBERS ABSENT: None
Agenda items are presented in the originally agendized format for the benefit of the
minutes' reader, but were'not necessarily heard in that order.
MEETING DEDICATION:
Mayor Allevato dedicated the meeting to Mr. Bob Rice, longtime resident, business
owner, and volunteer. Orange County Fire Authority Division Chief, Rick Robinson,
honored him for his loyal service as a firefighter volunteer and presented his wife
Dorotha, and sons Russell and Mike Rice with a "Challenge Coin."
ANNOUNCEMENT OF CLOSED SESSION ACTIONS: Omar Sandoval, City Attorney,
reported that Council Member Freese recused herself from Closed Session Item B, due
to prior recusal and non -participation of the Condition of Approval (CUP) proceedings.
• 9111 10`" Anniversary Memorial Committee meeting.
• Announced upcoming West Coast Film Festival.
Meeting with Continuing Life Communities (CLC) representatives.
1111 Marine Adoption Committee meeting.
Meeting with Centra Realty representatives.
• Ribbon Cutting Ceremony for Vito's Italian Restaurant.
Eagle Scout Court of Honor for resident Jacob Kennamer.
• Meeting with Tuttle -Click Ford representatives.
INTRODUCTIONS AND PRESENTATIONS
RICARDO AND ROSA BEAS OF RICARDO'S PLACE RECOGNIZED AS THE
2011 BUSINESS LEADER OF THE YEAR (610.40)
Mayor Allevato recognized Ricardo and Rosa Beas of Ricardo's Place with the
Mayor's Award for 2011 Business Leader of the Year for their contributions to the
community. Jody Vaughn, District Director, presented them with a Certificate of
Recognition from Assemblywoman Diane Harkey.
2. SAN JUAN CAPISTRANO LITTLE LEAGUE SENIOR ALL STAR TEAM
RECOGNIZED (610.40)
Mayor Allevato recognized the San Juan Capistrano Little League Senior All Star
Team for winning the District 68 Championship, and presented them with
Certificates of Recognition. Jody Vaughn, District Director, presented them also
with a Certificate of Recognition from Assemblywoman Diane Harkey.
3. PRESENTATION OF TIMELINE FOR ALL CONSTRUCTION PROJECTS IN THE
CITY FOR THE NEXT THREE (3) YEARS, AND AN UPDATE ON CALTRANS'
1-5 FREEWAY SOUNDWALL PROJECT NEAR CAPISTRANO HOME CENTER
(800.10)
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Public Correspondence:
• Petition Submitted on August 9, 2011, from American Horse Products,
3Peace Studio, Renaissance Home Furnishings, Patio Door & Outlet,
Capistrano Reef, Comfort Gallery, and Veterinary Medical and Surgical
Group, urging construction of the retainer and soundwall until a means of
ensuring the survival and vitality of the Capistrano Home Center can be
found.
• William Cottle, Chief Financial Officer for the Capistrano Home Center,
submitted a letter on August 9, 2011, urging to find a way to complete the
freeway and interchange improvements without economically devastating the
Capistrano Home Center and the businesses operating in it.
• Stephanie Frisch, Chamber of Commerce, asking for a resolution for the
soundwall issue that will not harm the local businesses.
Nasser Abbaszadeh, Public Works Director, provided a PowerPoint presentation,
and responded to questions.
Public Comments:
• Bill Cottle, Capistrano Home Center owner, felt that the Caltrans' Soundwall
Project will negatively impact the Capistrano Home Center tenants.
• Dennis Penman, Renaissance Home Furnishings, felt that the City should
have better protected the City's property/sale tax assets during the
approval process; spoke regarding the project's lack of notification, the
negative impacts to the Capistrano Home Center; and requested
proper freeway and on/off ramps signage for the center.
• Stephanie Frisch, Chamber of Commerce, suggested that the City work
together with the Capistrano Home Center's business owners, and offered
the assistance of the Chamber of Commerce.
• Jim Carter, American Horse Products, stated that the Capistrano Home
Center depends on freeway visibility; therefore, the proposed soundwall will
be detrimental to the business owners in the center.
Council Comments:
• Suggested agendizing in the future exploring signage for the Capistrano
Home Center.
• Felt that the City should pursue preventing the soundwall blocking the view
of the center by working together with Caltrans to find other solutions.
• Important to assist the businesses in the Capistrano Home Center be
successful; and felt that the City should proactively work with Caltrans to
seek other options.
• Concurred that other options need to be looked at, such as shortening the
length of the soundwall, and possible mitigation to the adjacent homes by
providing double -pane windows.
• Felt that the length of the soundwall did not make much sense; and
expressed concern with lack of notification of upcoming construction items
that have been approved and sitting on a shelf for a few years.
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4. UPDATE ON THE 1-5 FREEWAY AND ORTEGA HIGHWAY INTERCHANGE
PROJECT — CONSTRUCTION PHASING AND TRAFFIC HANDLING PLANS
(800.20)
Matt Cougini, Caltrans, provided a PowerPoint presentation, and responded to
questions.
Council Comments:
• Important that the project captures the "look" of San Juan Capistrano.
5. COUNCIL MEMBER FREESE INTRODUCED THE FOLLOWING INDIVIDUALS
IN ATTENDANCE: Steve Behmerwohld, and Ron Denman, Parks, Recreation
and Senior Services Commission; Ilse Byrnes, Open Space, Trails and Equestrian
Commission; Tim Markel, Transportation Commission; William Bonney, Housing
Advisory Committee; Gerald Muir, Youth Advisory Board and Parks, Recreation
and Senior Services Commission; Orange County Fire Authority Division Chief,
Rick Robinson; James Littlejohn, Boys & Girls Clubs of Capistrano Valley;
Mary Allen West, San Juan Seniors and Stephanie Frisch, Chamber of
Commerce President.
ORAL COMMUNICATIONS: City Council and Community Redevelopment Agency
• Steve Nelson, City resident, spoke regarding illegal immigration issues and
referenced a news article written by Tina Griego of the Denver Post.
• Ian Smith, City resident, expressed appreciation for the Council decision to get a
second legal opinion for the citizens' request for refund of water charges; requested
an update related to the Auditing Finance Ad -Hoc Committee; and requested that
the City Manager provide her "Weekly Updates" during the City Council meetings.
Karen Brust, City Manager, provided a status update of the second legal opinion.
Omar Sandoval, City Attorney, provided the next schedule meeting of the Auditing
Finance Ad -Hoc Committee.
• The following individuals spoke in support of the Boys & Girls Club of Capistrano
Valley and expressed gratitude to the City for their continued support of the
program: Tom Tillotson, Endevco Vice -President of Human Resources; Bill Cole,
Boys and Girls Club President; Dorsey Wellman, City Resident; Pat Peterson, City
Resident; Larry Hays, City Resident; David Robinson, City Resident; Desire
Butschke, City Resident; and James Littlejohn, Executive Director of the Boys and
Girls Club. Mayor Allevato thanked the Boys and Girls Club for the community
support they have provided to City.
CONSENT CALENDAR:
Council Action: Moved by Mayor pro tem Kramer, seconded by
Council Member Freese and carried unanimously to approve consent calendar items
1 through 8 as recommended by staff, with Council Member Council Member Reeve
opposed to approve consent calendar item 3; and Mayor Allevato and Council Member
Reeve abstained from consent calendar item 2.
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1. Motion to Read Ordinance by Title Only
2. CITY COUNCIL MINUTES — REGULAR MEETING OF AUGUST 2, 2011,
APPROVED
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Taylor and Mayor pro tem Kramer
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
ABSTAINED: COUNCIL MEMBER: Reeve and Mayor Allevato
3. ACCOUNTS PAYABLE WARRANTS DATED AUGUST 5, 2011, IN THE TOTAL
AMOUNT OF $4,413,574.64; AND PAYROLL WARRANTS DATED
AUGUST 5, 2011 IN THE TOTAL AMOUNT OF $175,644.12; AND WIRE
NUMBER DATED JULY 21, 2011 IN THE TOTAL AMOUNT OF $94,418.40,
RECEIVED AND FILED (300.30)
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Taylor, Kramer and Mayor Allevato
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
4. CLAIM OF SAN JUAN HILLS GOLF CLUB DENIED BASED UPON THE
INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE
ADJUSTER, CARL WARREN & COMPANY (170.70)
5. CLAIM OF RAYMOND PONCE DENIED BASED UPON THE INVESTIGATION
AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL
WARREN & COMPANY (170.70)
6. RESOLUTION NO. 11-08-16-01 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DETERMINING COMPLETION OF WORK IN ACCORDANCE
WITH APPROVED PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION
OF IMPROVEMENTS WORK WITHIN TRACT 16748, ARCH INSURANCE
COMPANY; CITY CLERK DIRECTED TO PROCESS THE RECORDING OF
THE NOTICE OF COMPLETION WITH THE ORANGE COUNTY RECORDER,
AND AUTHORIZED TO RELEASE THE CORRESPONDING BONDS 35 DAYS
AFTER RECORDATION OF NOTICE OF COMPLETION (600.30)
7. ADULT ADVISOR VACANCY DECLARED ON THE YOUTH ADVISORY
BOARD; AND CITY CLERK DIRECTED TO SOLICIT APPLICATIONS TO FILL
VACANCY, WITH APPLICATIONS DUE SEPTEMBER 15, 2011, 5:30 P.M.
(110.20)
8. SECOND AMENDMENT TO PERSONAL SERVICES AGREEMENT FOR CODE
ENFORCEMENT SERVICES WITH ANDERSON-PENNA PARTNERS, INC., IN
AN AMOUNT NOT TO EXCEED $41,800, APPROVED (600.30)
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PUBLIC HEARINGS:
$100,000 CITIZENS' OPTION FOR PUBLIC SAFETY GRANT FUNDS (COPS)
ALLOCATED FUNDS TOWARDS THE COST OF A DEPUTY SHERIFF FOR
THE FISCAL YEAR 201112012, APPROVED (580.10)
Lieutenant John Meyer, Chief of Police Services, provided a staff report and
responded to questions.
Mayor Allevato opened the public hearing and invited testimony.
Public Testimony:
• Steve Behmerwohld, City resident, spoke in support of allocating the grant to
fund a Deputy Sheriff position.
Mayor Allevato closed the public hearing.
Council Action: Moved by Council Member Reeve, seconded by
Council Member Freese, and carried unanimously to approve the allocation of
$100,000 Citizens' Option for Public Safety Grant Funds (COPS) towards the
cost of a Deputy Sheriff for Fiscal Year 201112012.
SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to
Agency Agenda)
ADMINISTRATIVE ITEMS:
G1. DEVELOPMENT SERVICES
a. CONSIDERATION OF AN APPEAL OF THE DENIAL OF THE TENANT
IMPROVEMENT PERMIT BY THE PLANNING COMMISSION FOR A
CONVENIENCE STORE LOCATED AT 32252-54 CAMINO CAPISTRANO (APN
668-453-16) (MERCADO EL REY) — CONTINUED TO SEPTEMBER 6, 2011
(460.10)
Nick Taylor, Associate Planner, provided a staff report and responded to
questions. Grant Taylor, Development Services Director, responded to questions.
Public Correspondence:
• Dan Friess, appellant (staff decision), submitted correspondence on
August 13, 2011, and August 16, 2011, providing information related to
increase in intensity, building volume, parking demand and intensification;
and felt that the project should be denied based on non -conforming status
and be required to obtain a parking variance which will allow a CEQA review
of the impacts.
• Gina M. Austin, Austin Legal Group, representing Mercado EI Rey, submitted
a letter dated August 8, 2011, stating that the proposed convenience store is
not an expansion or intensification of the use requiring additional parking
spaces to be allocated.
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• Terence M. O'Shea, O'Shea Properties, submitted a letter dated
August 15, 2011, felt the proposed store is a major intensification of a
non -conforming use that should be denied.
• Dan Malcolm, Malcolm Properties, submitted correspondence on
July 18, 2011, and August 8, 2011, addressing the Notice of Violation matter
and informing that Capistrano Partners, LLC, property owner, hired a
local architect who has identified a way to increase the existing parking by
17% through the addition of two (2) additional parking spaces.
Public Comments:
• Dan Friess, appellant (staff decision), provided a presentation; felt that the
pending project is a "grocery store" not a "convenience store," therefore,
requiring double the parking spaces proposed; expressed concern with lack
of available parking; and responded to questions from the City Council.
• Dan Malcolm, appellant (Planning Commission decision), provided a
presentation; felt that the proposed project does not constitute intensification
from the previous retail use; and responded to questions from the City
Council.
• Ziad Faroj, Mercado EI Rey, stated that it would be unfair to compare the
proposed convenience store to a large grocery store; stated that it would
cater to walk-ins and to customers who want fast service; and felt it would
provide good services to the community.
• Ken Friess, City resident, welcomed the proposed use, but felt that there has
been a historical parking deficiency for the property, which needs to be
brought up to compliance.
• Robert William, City resident, supported the proposed use, but expressed
f concern with the lack of available parking and increase in traffic.
• Jeff Parkhurst, City resident, felt that the proposed project is a "food" store
not a "convenience" store, therefore, an intensification of use that would
require the property owner to resolve the parking deficiency.
• Ginny Kerr, City resident, felt that the proposed project was not an
intensification of use because it decreases the square footage open to the
public, it uses hand baskets rather than shopping carts, and felt a great deal
of customers will walk rather than drive to the store.
Council Action: Moved by Council Member Reeve seconded by
Council Member Taylor, and carried unanimously to continue the item to
September 6, 2011.
b. STAFF DIRECTED TO PROCEED WITH THE ENGINEERING DESIGN FOR
THE DOG PARK PROJECT (920.40)
David Contreras, Senior Planner, provided a staff report and responded to
questions. Nasser Abbaszadeh, Public Works Director, and Khoon Tan,
Associate Engineer, responded to questions.
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Public Comments:
• Brad Gates, Open Space Foundation, felt confident that the Open Space
Foundation will be able to raise all the funds needed to build the dog park;
and responded to questions from the City Council.
Council Comments:
• Expressed support for the budgeted project to move forward in order to have
residents use their open space; and felt that as a City facility it should be
designed properly for liability purposes.
• Supported the project; felt that a Dog Park is desired by a high number of
citizens who own dogs; and thanked the Open Space Foundation
for all their hard work.
• Always looking for the possibility to reduce costs, but supported to move
forward with the project.
• Felt that the Dog Park should not be manicured, but look rustic and rural,
especially due to its (open space) location; expressed lack of support at this
time, as felt it was not an urgent matter; and concerned with unknown
maintenance costs.
• Supported the design costs in order to have proper engineering services;
and felt that it was important to have adequate, ample space.
Council Action: Moved by Mayor pro tem Kramer, seconded by Mayor Allevato,
and carried 4-1 with Council Member Reeve opposed to direct staff to proceed
with the engineering design for the Dog Park project; at an estimated consultant
cost of $47,060.
ROLL CALL:
AYES: COUNCIL MEMBER:
NOES: COUNCIL MEMBER:
ABSENT: COUNCIL MEMBER:
Freese, Taylor, Kramer and Mayor Allevato
Reeve
None
c. CONTINUING LIFE COMMUNITIES (CLC) — "THE ORCHARDS AT
CAPISTRANO" SENIOR • COMMUNITY OPEN SPACE PRESERVATION
ALTERNATIVES (PLEASE REFER TO THE COMMUNITY REDEVELOPMENT
AGENCY MINUTES OF AUGUST 16, 2019, FOR AGENCY DISCUSSION ON
THIS ITEM) — CONTINUED TO SEPTEMBER 20, 2011 (410.60)
Public Correspondence:
• Mayor Gary Capata, City of Laguna Niguel, submitted correspondence dated
August 16, 2011, clarifying that the City of Laguna Niguel has not received,
considered, approved, or taken any action related to a request from CLC for
vehicular access to the development project/property.
Grant Taylor, Development Services Director, provided a staff report and
responded to questions.
Applicant:
• Troy Bourne, Continuing Life Communities (CLC), provided a PowerPoint
presentation and responded to questions from the City Council.
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Public Comments:
• Mark Nielsen, City resident, felt it was not justified to give up the option
which is of value without having an alternative in place, or final offer for
approval.
Council Comments:
• Felt it was important to carefully look at the Option Agreement before making
a decision as to what's more beneficial to the City, as a lot of effort was put
into negotiating the agreement.
• Felt it was not the right time to dissolve the Option Agreement; would like to
be proactive and keep the ball rolling and work together with the City of
Laguna Niguel; and expressed preference in bringing the item back together
with the Community Redevelopment Agency.
• Would not support voting to exercise the option; and suggested having an
agreement conditioned upon the City Council voting not to exercise the
option.
• Felt it would be premature for the City to waive the option; felt more
information is needed, such as what the City of Laguna Niguel and the
Mercedes Benz dealership are contemplating in return to provide CLC with
an alternate access to the property; and felt that there was no need to wait
for the Community Redevelopment Agency to be able to make decisions
(based on Assembly Bills X1 26 and 27) in order to move forward with the
matter.
G2. CITY ATTORNEY
a. CONSIDERATION OF ORDINANCE RESTRICTING REGISTERED SEX
OFFENDERS FROM ENTERING CITY PARKS WITHOUT WRITTEN
PERMISSION FROM POLICE SERVICES — CONTINUED TO AN UNCERTAIN
DATE (580.50)
Omar Sandoval, City Attorney, provided a staff report and responded to
questions. Mayor Allevato requested to play a clip from the interview of
Jaycee Dugard by Diane Sawyer.
Public Comments:
• Lt. John Meyer, Chief of Police Services, stated that any ordinance
protecting children and keeping predators out of the parks is supported;
however, at the direction of the County Counsel, an amendment to the
Law Enforcement Services Contract will be needed indemnifying the County,
if an ordinance was adopted with the waiver provision.
■ Susan Kang Schroeder, Chief of Staff, Orange County District Attorney,
provided information related to sex offender cases; asked the City Council to
support the ordinance; and responded to questions.
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Council Comments:
■ Felt that all the parks listed in the ordinance needed to be double checked to
make sure all are listed.
• Expressed preference in Option 2 (Modified Version of the County Child
Safety Ordinance), but expressed concerns with adopting the ordinance for
political reasons, lack of support from the Sheriffs Department, and potential
litigation and liability; and suggested continuing the item until all the parks
listed have been checked for accuracy and allow further discussion on the
matter with the Sheriffs Department.
■ Expressed concern with potential litigation, but felt it was important to adopt
the toughest ordinance in order to protect children (Option 1).
■ Concern with potential legal litigations against the City.
■ Felt that the ordinance would be a useful tool for Police Services; felt that the
parks affected will need a close look, and expressed concern with events
held at the RMV Riding Park; and concurred to continue the item in order to
receive additional information with all the concerns raised at the meeting.
Council Action: Moved by Council Member Freese, seconded by
Council Member Reeve, and carried unanimously to continue the item to an
uncertain date.
ORDINANCES:
1. ORDINANCE NO. 989: ADOPTED ELECTING TO COMPLY WITH AND
PARTICIPATE IN THE ALTERNATIVE VOLUNTARY REDEVELOPMENT
PROGRAM PURSUANT TO ASSEMBLY BILL 1X 27 (400.80)
Council Member Taylor recused himself and left -the Council Chamber due to
proximity of numerous Redevelopment Agency properties to his residence.
Maria Morris, City Clerk, provided a staff report and read the title of the
ordinance.
Council Action: Moved by Council Member Freese, seconded by Mayor pro tem
Kramer and carried 3-1-1 with Council Member Taylor recused and Council
Member Reeve opposed to adopt Ordinance No. 989, entitled "AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ELECTING TO COMPLY WITH AND PARTICIPATE IN THE
ALTERNATIVE VOLUNTARY REDEVELOPMENT PROGRAM CONTAINED IN
PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY
CODE" (This ordinance shall be effective thirty (30) days from and after the date
of the final passage and adoption hereof, provided that it shall not be
implemented unless and until the stay issued by the California Supreme Court on
August 11. 2011, in the matter of California Redevelopment Association et al. vs.
Matosantos (Case No. S194861) is lifted.)
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ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Kramer and Mayor Allevato
NOES: COUNCIL MEMBER: Reeve
RECUSED: COUNCIL MEMBER: Taylor
COUNCILMANIC ITEMS:
1. DISCUSSION REGARDING IMPLEMENTING A 4T" OF JULY FIREWORKS
FUNDRAISING PLAN (150.60)
Council Comments:
■ Suggested implementing a fundraising plan for next year's 4th of July
Fireworks event.
■ Suggested Council Member Freese and Council Member Reeve join an
existing Committee to assist raising funds for the 4th of July Fireworks event.
■ Preference in seeking sponsors to cover the cost of the fireworks only,
not the costs for the entire event.
■ Council concurred in setting a fundraising goal of $32,000.
Council Action: Moved by Mayor Allevato, seconded by
Council Member Taylor, and carried unanimously to recommend
Council Member Freese and Council Member Reeve to represent the City in an
Ad -Hoc Committee (not subject to the Brown Act) to raise funds for the 2012
4th of July Fireworks event.
2. COUNCIL MEMBER TAYLOR SELECTED AS THE VOTING DELEGATE;
MAYOR PRO TEM KRAMER SELECTED AS ALTERNATE VOTING
DELEGATE FOR THE LEAGUE OF CALIFORNIA CITIES
2011 ANNUAL CONFERENCE (140.20)
Council Action: Moved by Council Member Freese, seconded by
Council Member Reeve and carried unanimously to select Council Member
Taylor as the voting delegate, and Mayor pro tem Kramer as the alternate voting
delegate for the League of California Cities 2011 Annual Conference.
ADJOURNMENT:
There being no further business Mayor Allevato adjourned the meeting
at 11:50 p.m. to Tuesday, September 6, 2011, at 5:00 p.m. for Closed Session and
6:00 p.m. for the public Business Session, in the Council Chamber.
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Approved: September 6, 2011
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