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03-30-1993 Council Mintues Adj RegularCITY COUNCIL MINUTES OF AN ADJOURNED REGULAR MEETING ORANGE, CALIFORNIA March 30, 1993 The City Council of the City of Orange, California convened on March 30, 1993 at 3:00 P.M. in an Adjoumed Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California. 3:00 P.M. SESSION 1. OPENING 1.1 PLEDGE OF ALLEGIANCE TO THE FLAG 1.2 ROLL CALL PRESENT - Spurgeon, Mayor Beyer, Barrera, Coontz ABSENT - None 1.3 APPROVAL OF MINUTES - None 1.4 PRESENTA TIONS/ ANNOUNCEMENTS/ INTRODUCTIONS - None 1.5 PROCLAMATIONS - None 2.CONSENT CALENDAR TAPE 53 2.1 Declaration of City Clerk Marilyn J. Jensen declaring posting of City Council agenda of an adjourned regular meeting of March 30, 1993, at Orange Civic Center, Main Library,Police facility at 1107 NorthBataviaandtheEisenhowerParkBulletinBoard; all of said locations being in the City of Orange and freely accessible to members of the public at least 72 hours before commencement of said regular meeting.ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a public record in the Office of the City Clerk.MOTION - Barrera SECOND - Spurgeon AYES - Spurgeon, Mayor Beyer, Barrera, Coontz Item 2.1 was approved as recommended.END OF CONSENT CALENDAR PAGE 1 CITY COUNCIL MINUTES March 30, 1993 3.REPORTS FROM MAYOR BEYER TAPE 64 3.1 Appointment to fill Council vacancy created by William Steiner. Mayor Beyer remarked the following nine applicants were interviewed by the entire Council: Pat Buttress, Bill Cathcart, Tom Debin, Ron Johnston, Naomi Mason, Bob Mickelson, Mark Murphy, Jim Wronski, and Richard Siebert. Mayor Beyer opened the nomination process. MOTION: Councilwoman Coontz nominated Naomi Mason. Councilwoman Coontz stated: "I interviewed all these people and there were several who were, I thought, top candidates. The criteria I used was experience, community involvement, their understanding of civic govemrnent and the fact there was no possible conflict of interest, and that is how I chose the top contender. " MOTION DIED FOR LACK OF A SECOND. MOTION SECOND AYES NOES Councilman Barrera nominated Mark Murphy.Spurgeon Spurgeon, Mayor Beyer, Barrera Coontz Mark Murphy was nominated to fill the Council vacancy created by William Steiner.Council gave the following comments:Councilman Barrera: " Mr. Murphy is presently Chairman of the Planning Commission, A Slice of Orange, and an Orange native and resident. Mark grew up in the west end of town and owns his home in the southeast part of Orange.He has served on the Community Video Advisory Board, Centennial Commission and member of the Board of the YMCA. He has attended all the local schools here. He has a Bachelor of Science, and a Masters in Business Administration at use. Mark is presently employed by Hewlett Packard in the Marketing Division. He would make an excellent candidate, and hit the ground running.I would have gone for the election in November, if there had not been so many applicants. But since we had that many applicants, and all very qualified, I think this man here is the one presently qualified. I was impressed and that is the reason we should go ahead and nominate one now. But if I would have had just one or two, I would have gone to the election."PAGE 2 CITY COUNCIL MINUTES March 30, 1993 3. REPORTS FROM MAYOR BEYER (Continued) Councilwoman Coontz: "I voted no on this, not because I have any personal feelings against Mark Murphy. He is a very nice young man, however, this is a very predictable action. We could have avoided the interviews that took place, and all that occurred up to this point, and made this decision earlier. I don't think there's anyone who expected anything different. It's a shame to have gone through the farce of the interviews. All the people who I interviewed, I thought were excellent possibilities for the candidacy. They all understood the budgetary matters and had many good suggestions for where we should go in the near future with our budget problems. Yes, I know there have been statements made that this person would hit the ground running, however as a Council, we've been struggling with the problems of the budget, finance and the revenues which we haven't gotten to for many months. In fact, this has been about a three year experience. It's been a long leaming process, and I doubt that anyone can hit the ground running regardless of who they are under the circumstances that we face today. Definitely, the person will add another vote, but if that person comes on running, they will be ahead of us, because we are struggling and still moving very slowly." Mayor Beyer: "Well, those are predictable comments. I enjoyed my interviews with every one of them and considered all of them. I had my top three and would have been able to vote for either one of them under the circumstances. I asked some very hard questions of the candidates, too, and got some excellent answers. I was impressed with all of them. There were many that could step into this spot, but I have for a long time felt we need younger blood on some of our commissions, committees and Council, and I think this is an opportunity to have that happen." Councilrnan Spurgeon: "Well, I can understand the frustration of some that feel this was a done deal, but in my point of view, I don't like to go through charades. When I come up at 7:30 in the morning, on a Saturday, and spend a good part of my day interviewing people, as well as a Friday night, and as well as the following Monday night. I asked all these people some very hard questions, and I mean everybody. I felt it was a fair process. We were not obligated by any means to go through the Maddy Act, since it does not cover legislative appointments. I considered it a very serious discussion and I benefitted from the people that I talked to. All of them were good candidates. There were four of those candidates I could probably very easily support without much hesitation. I do think Mr. Murphy, whom I have known for a great many years, will bring a new generation of leadership to this City. I think we are ready for that. I think all of us here will look forward to it. I think he'll bring a fresh perspective. He's in the business world and out there earning a living. I think this perspective will PAGE 3 CITY COUNCIL MINUTES March 30, 1993 3. REPORTS FROM MAYOR BEYER (Continued) help us as we deal, as rve said publicly for some time, with some very immediate decisions which are forthcoming on today's agenda. So, I make no apologies for my support for him. At the same time, I thought this was a very good process. It's a process we did not have to go through. I don't consider it, by any means, my time being a charade, the way my time is allocated these days, trying to earn a living in the real world and still fulfill my duties at a time of crisis in the City. So, I wholeheartedly support and endorse Mr. Murphy's appointment. He will have to hit the ground running very quickly. He will be judged accordingly." The City Attomey was asked when Mr. Murphy would be sworn in? He indicated Mr. Murphy can be swom in any time he accepts the position. The City Clerk was instructed to contact Mr. Murphy and swear him in, and notify the Council. The City Oerk commented, as soon as Mr. Murphy is sworn in as Councilman, the Maddy Act process will begin on the unscheduled vacancy on the Planning Commission. Applications will be taken in accordance with the Maddy Act regulations. NON-AGENDA ITEM Councilman Spurgeon requested permission to leave the State from April 8 through 12, 1993.MOTION - Barrera SECOND - Mayor Beyer A YES - Spurgeon, Mayor Beyer, Barrera, Coontz Approved as requested.The City Council recessed at 3:35 P.M., and reconvened in the Weimer Room.4. REPORTS FROM COUNCILMEMBERS Discussion of budget goals and objectives.Specific and general action statements were expressed, and the City Manager was asked to report back at various intervals on certain items. (Recap available in the office of the City Clerk.)5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 6. ADMINISTRATIVE REPORTS - None 7. REPORTS FROM CITY MANAGER - None PAGE 4 CITY COUNCIL MINUTES March 30, 1993 8. LEGAL AFFAIRS - None 10. ORAL PRESENTATIONS - None 11. RECESS The City Council recessed at 5:15 P.M. to a Closed Session for the following purposes:a. To meet and give directions to its authorized representative regarding labor relations matters pursuant to Government Code Section 54957.6.b. To confer with its attorney regarding potential litigation pursuant to Government Code Section 54956.9(b)(1).c. To consider and take possible action upon such other matters as are orally announced by the City Attorney, City Manager or City Council prior to such recess,unless the motion to recess indicates any of the matters will not be considered in Closed Session.MOTION SECOND AYES Barrera Mayor Beyer Spurgeon, Mayor Beyer, Barrera, Coontz Moved to add the following item to Closed Session: Lands vs. City of Orange,Orange County Superior Court Case No. 56 64 85.12. ADJOURNMENT MOTION SECOND AYES Barrera Mayor Beyer Spurgeon, Mayor Beyer, Barrera, Coontz The City Council adjourned at 5:53 P. M. to an Adjourned Regular Meeting on April 7,1993 at 4:30 p.m. in the Weimer Room to discuss the graffiti ordinance.t~~r~~~H/CITY CLERK PAGE 5