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10-26-1993 Council MinutesCITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA OCTOBER 26,1993 The City Council of the City of Orange, California convened on October 26, 1993 at 3:00 P.M. in a 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, Barrera, Mayor Beyer, Coontz, Murphy ABSENT - None 1.3 APPROVALOF MINUTES Regular Meeting October 12, 1993.MOTION - Murphy SECOND - Coontz AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ACTION: Approved.1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Mayor Beyer introduced students visiting from Villa Park High School.1.5 PROCLAMATIONS - None 2. CONSENT CALENDAR TAPE 56 2. 1 Declaration of City Clerk Marilyn 1. Jensen declaring posting of City Council agenda of a regular meeting of October 26, 1993, at Orange Civic Center, Main Library, Police facility at 1107 North Batavia and the Eisenhower Park Bulletin Board; 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.2.2 Authorize Mayor and Director of Finance to draw warrants on City Treasurer in payment of demands.ACTION: Approved.PAGE 1 CITY COUNCIL MINUTES OCTOBER 26,1993 2. CONSENT CALENDAR (Continued) REMOVED AND HEARD SEP ARATEL Y) 2.3 Request Council approve a donation of $5,200.00 from the Friends of the Orange Public Library for painting the interior and installing vertical blinds for ceiling windows at the Main Library. (C2500.I) FISCAL IMP ACT: None. Council commended the Friends of the Orange Public Library for their donation. Mayor Beyer will send a letter on behalf of the entire Council. MOTION - Coontz SECOND - Murphy AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ACTION: Approved.MOTION - SECOND -AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Item 2.3 was approved as recommended; allother items on the Consent Calendar were approved as recommended.END OF CONSENT CALENDAR 3.REPORTS FROM MAYOR BEYER TAPE 92 3.1 Status report from Mayor Beyer on EI Toro Marine Base reuse. (C2500.D.l)The City Manager reported he and Mayor Beyer met with Supervisor Steiner and discussed the need for the City to become involved in the planning aspects ofEI Toro. Supervisor Steiner indicated the formula has not been adopted and there will be provision for the City to be included in the planning process. The City Manager related the City's concerns regarding the flight patterns.Mayor Beyer commented Mayor Dan Young from Santa Ana is calling a meeting October 29,1993 for North County Mayors to protect their interests. Mayor Beyer will report back to Council.Councilwoman Coontz announced she had received a faxed article from the Saddleback Valley News indicating what a victory the South County Cities have had in this situation.Page 2 CITY COUNCIL MINUTES OCTOBER 26,1993 3. REPORTS FROM MAYOR BEYER (Continued) MOTION SECOND AYES Barrera Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to receive report as orally presented.4.REPORTS FROM COUNCILMEMBERS TAPE 218 4.1 Request from Councilwoman Coontz for review of regulations regarding administration of City contracts for services of consultants. (Report on file in the City Clerk's Office.) (C2500.D)Councilwoman Coontz reported the City approved a resolution in 1991 that authorized the regulations to facilitate the administering of City contracts requiring services of consultants. This was a result of the management audit. The resolution covered any professional service contract costing over $ 30,000 in a fiscal year be approved by Council and signed by the Mayor. Anything under that amount to be approved by the City Manager. The intent of the resolution was to avoid add-on costs to contracts and have the public be aware of these costs.The City Attorney commented additional steps may be added to agreements that would go back to Council when certain limits are reached.MOTION SECOND AYES Coontz Spurgeon Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to instruct the City Attorney to report back to Council with changes to accommodate the intent of the resolution. 5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS TAPE 432 5.1 Report from Solid Waste Committee on Street Sweeping Program and addition of six 6) part-time Parking Control Officers. (S4000.S.3.1.3)FISCAL IMP ACT: Appropriate from Sanitation Unappropriated Fund (Fund 220) a total of 27,459.00. MOTION SECOND AYES Mayor Beyer Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to continue to November 9, 1993 for further review by the City Manager.Page 3 CITY COUNCIL MINUTES OCTOBER 26,1993 6.ADMINISTRATIVE REPORTS TAPE 480 6.1 Consideration of recommendation from the Employee Health Council of the City of Orange that the City Council consider contracting with the Public Employees' Retirement System Health Care System for medical coverage for city employees. (Continued from 10- 12-93.) (C2500.J.4. 16)The Assistant Personnel Director reported on the following reasons why the County of Riverside is looking to get out ofPERS: 1) with 14,000 employees, they feel they should have greater buying power outside ofPERS; 2) the program lacks flexibility; 3) a large number of retirees are still in the program creating a budget problem.Larry Pore, 654 N. Ranch Road, Police Department Union, commented PERS is the only way to go at this time.The Assistant Personnel Director commented the Fire Department Union abstained from going with PERS. As the City does not administer their health insurance, they have the option to get their own.Council discussed the buying power issue and the fact that it will save the City money today. MOTION SECOND AYES Coontz Spurgeon Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved that the City's contract with the Public Employees Retirement System (PERS) be amended to include PERS health insurance for all city employees.7.REPORTS FROM CITY MANAGER TAPE 3926 7.1 Report on contractual services with the Orange County Fire Department. (C2500.H)FISCAL IMPACT: Appropriation ofS15,000.00 from Unappropriated Reserves required.MOTION SECOND AYES Murphy Coontz Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to trail this item after Item 8.1, Resolution No. 8251.7.2 Adoption of the final Fiscal Year 1993-94 Budget. (C2500.J.1.1)' TAPE 873 The Assistant City Manager reported on the following Council actions which have modified the initial interim budget: 1) Elimination of the print shop; 2) Transfer ofthe Street Tree Trimming Program to Public Works, funded through Sanitation Fund; 3) Restoration of the Resource Center Program for an additional six months.Page 4 CITY COUNCIL MINUTES OCTOBER 26,1993 7. REPORTS FROM CITY MANAGER (Continued) Council discussed the need to look at the long range restructuring of the budget in order to prepare for the future when the economy turns around. Also, the need to prioritize putting the City back together due to salary cuts of employees, shortened Library hours and other issues. The City Council took the following actions to balance the budget: (Outlined in the City Manager's Report dated October 26, 1993 on file in the City Clerk's Department.) 1. Self-Insurance Interest Earnings - apply interest earnings from the Worker's Compensation and Liability Self-insurance funds to the General Fund. MOTION SECOND AYES Coontz Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to accept the recommendation of the self insurance interest earnings, to bring down the balance - $ 637,000.2. PERS Retirement Rate - The PERS Board is allowing cities to elect to continue to pay the City share of retirement costs at last years' rates. This program will be available for this year only.For Orange, the City would continue to pay 19.14% towards the retirement of the City's Safety employees and 6. 371% towards theretirement of Miscellaneous employees, instead of the increased rate of22. 736% for Safety employees and 7.782% for Miscellaneous employees. The payback period for this program is actuarily-adjusted over the next five years at one-fifth per year.MOTION SECOND AYES Coontz Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to accept the recommendation of the PERS Retirement Rate - $235,000.3. Revenue Projections - Increase 1993- 94 revenue projections for interest earnings ($100,000)and for franchise fees ($80, 000) per the July 20 recommendations of consultant Ron Rothschild.MOTION SECOND AYES Coontz Spurgeon Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to accept the recommendation of the revenue projections - $180,000.4. Charges to Non-General Funds - Revise methodology for calculating General Fund Service charges to Non-General Funds in accordance with the July 20th recommendations of consultant Ron Rothschild.Page S CITY COUNCIL MINUTES OCTOBER 26, 1993 7. REPORTS FROM THE CITY MANAGER (Continued) MOTION SECOND AYES Coontz Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to accept the recommendation of the charges to Non-General Funds - $175,000.5. Water In- Lieu Charge - As many other cities have done for years, Orange could treat its public water utility like a private utility and charge a general fund fee equal to the property taxes and franchise fees such a private utility would pay for necessary City services such as Fire and Police.A 6% charge, as recommended by Consultant, Ron Rothschild, would yield $627,000 in projected new revenues. As water rates have been increased to pay for Metropolitan Water District and Orange County Water District rate hikes, and as OCWD is granting credits because the FY 93-94 property tax shift is not hitting them, no rate increase is anticipated now or in the future to pay this charge. MOTION SECOND AYES NOES Coontz Barrera Barrera, Mayor Beyer, Coontz Spurgeon, Murphy Moved to accept the recommendation of the Water In-lieu Charge - $627,000.DISCUSSION: The motion was reconsidered. The Assistant City Manager verified the 627,000 will be a yearly on-going charge paid by the taxpayers.RECONSIDERED MOTION MOTION SECOND AYES NOES Coontz Mayor Beyer Barrera, Mayor Beyer, Coontz, Spurgeon Murphy Moved to accept the $627,000 water in- lieu charge for one fiscal year only, to balance the budget, with reconsideration of this item for next year's budget; to include a finding that the charge is necessary to pay for general fund services provided to the Water Department which in the case of private utilities would be paid through property taxes.6. Recreation Fees - Prorated FY 93-94 Recreation Fee increases per Council Study Session Direction (follow-up Report forthcoming).MOTION SECOND AYES Coontz Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to accept the recommendation of Recreation Fees - $ 50,000.Page 6 CITY COUNCIL MINUTES OCTOBER 26, 1993 7. REPORTS FROM THE CITY MANAGER (Continued) 7. Fire Association Contract Amendment - Estimated savings above and beyond those projected in the 1993-94 Interim Budget Model for salary and benefit costs of employees represented by the Fire Employee Association, whose contract expired in June. MOTION SECOND AYES Murphy Spurgeon Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to continue the Fire Association Contract Amendment, $203,000 to trail Item 8.1,Resolution No. 8251.7.3 Recommend City Council approve appropriation of funding for Landscape Maintenance Contract awarded to Southern Counties Landscape, as outlined in the departmental report. ( A2100.0.Agr.2100.II) TAPE 1681 FISCAL IMPACT: Additional appropriation of $90,660.00 to Account No. 210-7023-424301 is requested from Accounts: 210- 7014-427800 Materials and Supplies-Landscape Vehicle Alloc. 210-7023-595101 thru 595104 Partial credit of Maintenance Worker Retirement-Account 210- 7022-415100 MOTION SECOND AYES 55, 000.00 10, 000.00 9, 000.00 16,660.00 Mayor Beyer Spurgeon Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to continue this itemto November 9, 1993.7.4 Request for authorization to notify the Assembly Governmental Organization Committee of Orange's concerns about the liquor lobby proposal to eliminate City use permit ordinances regulating liquor stores. ( S3500. A) TAPE 1720 MOTION SECOND AYES Mayor Beyer Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to instruct the City Manager to proceed with the notification process. CITY COUNCIL MINUTES OCTOBER 26,1993 8.LEGAL AFFAffiS TAPE 1770 8.1 RESOLUTION NO. 8251 A Resolution of the City Council of the City of Orange approving the Letter of Understanding between the City of Orange and the Orange City Fire Fighters, Inc. Local 2384 of the International Association of Fire Fighters, AFL-CIO concerning wages, hours and other conditions of employment for the period of October 12, 1993 to June 24, 1995, and amending Resolution No. 7624 for said employees. (Continued from 10-12-93.) (A2500. J.4.3)The following people spoke in support of the LOU and keeping local fire services:Tomas J. Wenglein, 419 E. Maple Bruce Blyth, 440 N. Shaffer Greg Lewis, 127 N. Grand St.Lorna Duschane, 205 River Ron Roberts, 2825 E. Jackson The following people spoke in opposition, and in favor of the County feasibility study.Carole Walters, 534 N. Shaffer Alice Clark, 205 N. Pine David Hart, 1249 E. Palm Ken Milbrat, 308 S. California Vie Calagna, 113 5 E. Culver Adele Graves, 1047 W. Trinity Harold Frederick, 491 N. Shaffer Council discussion ensued and the City Manager was asked how much the City will expend per month if this LOU is not ratified? The City Manager responded the City will expend approximately $86, 800 per month.The following Council comments were recorded:COUNCILWOMAN COONTZ: "I would like to state again the reasons I mentioned two weeks ago as to why I'm voting against this contract:I. The contract does not represent the best interests of the City. Our goal in negotiations was to achieve additional and needed budgetary cuts, hopefully by cutting back on extraordinary benefits.The real cuts are not there. There has been a lack of commitment to make the cuts when every other department has made both monetary cuts and personal sacrifices.2. I cannot vote in favor of a contract sent over to the Fire Union as the Council's final and best offer, which I did not have the privilege of seeing CITY COUNCIL MINUTES OCTOBER 26,1993 8. LEGAL AFFAffiS (Continued) 3. I cannot approve a contract which contains a clause which forecloses our ability to seek additional savings through possible contracts with other agencies. To add to my reasons: 1. I cannot justify the hiring of an outside negotiator during difficult economic times for approximately $100,000 (with the ticker still going) when we are only achieving $200,000 in the added savings we sought after we passed the June preliminary budget. It's poor math and bad policy. 2. I am not in favor of a contract written by the negotiator who evidences a lack of understanding and appreciation for which side of the table is paying her. 3. Lastly, I am appalled that the Council has violated its own long standing policy that members of the Council not carry on private negotiations with union representatives outside of closed session. It works against the City and it undermines the ability of the Council to safeguard the interests of the taxpayer. " MAYOR PRO TEM BARRERA: "I will not be supporting this contract. For many years, nearly 20 years, this is the first year I won't go along with it. The reason for that is what I see in the audience. I see the citizens questioning my ability and my decisions. I feel very uncomfortable. Also, like the Councilwoman said, I also wasn't privileged to the viewing of the contract. It was all very, how should I say, spoken in conversation. When the final contract came, I don't know where it went, but it did not come before me. So for that reason, I will be voting no on this. " COUNCILMAN SPURGEON: "I did not vote on the last contract and neither did our contract attorney, who was not involved with it. This Council unanimously decided that we should go out and get a separate contract negotiator for the upcoming police and fire negotiations. That was done last year. We instructed the City Attorney to go out and interview these people. He did that, made a recommendation, and we unanimously decided on that. Ifwe are going to beat up on this negotiator, just remember, number one, this negotiator did not negotiate the contract that everybody here is complaining about. That negotiator is not here to defend herself. She's another successful woman, and I guess that offends some people. I feel certainly in her defense the record should be set straight. Also, to my knowledge, she followed our instructions. We were the ones that said, hey folks, two years is what we want. They came back with a one year. We as a unanimous Council, everybody, including the Mayor pro tem who was leading the efforts to make it very clear, hey folks, tell them its two years or it's not a deal. To me we get into good faithlbad faith. I've been negotiating with the Council, with our negotiator, giving instructions. Of course I've been given credit in the paper and otherwise for negotiating the contract because I happen to negotiate private contracts in the private sector. We made a rule in the Council, at the time, there would be no more contact. There was not any more contact made with them. Several phone calls Page 9 CITY COUNCIL MINUTES OCTOBER 26, 1993 8. LEGAL AFFAIRS (Continued) were made. At that time I told individuals that I could no longer discuss anything with them until some resolution had been made. That's where it comes from me. I make no apologies for it. Last year I ran on a public safety campaign, and a no taxes campaign. This guy hasn't spent money. Comments were made here two weeks ago about the fact that no big deal on the $15,000 because this Council tends to spend money on other studies. This Councilman hasn't spent money on other studies. The people here know that from the Taxpayers group. I'll keep my options open for the later part of this discussion that will be coming up. I'm going to support this contract. We've been operating in good faith and in my business, labor negotiations, we deal in good faith/bad faith. The unions haven't made any threat to me. I deal with teamsters, I deal with longshoremen, I deal with some real tough customers out there folks. I've been doing it for the last 25 years. Everything from airline pilots to transport worker unions. It's tough. Bargaining is based, when it gets down to brass tacks, after all the dust clears, it's based on good faith once you come to an agreement. Lastly, it is my feeling this contract eventually has to be down to where we have five people overseeing this contract. I appreciate, as the Mayor has already said, and others, the comment, I think this Council has been very fair. We've allowed a lot of comment. Ordinarily, on a resolution you don't have regular public hearings. As I say I wasn't involved in the last contract that everybody refers to, and has referred to in the past. So, I'm going to support this contract. I believe the Fire Chief does run the department and he has indicated to me many times that he does. I'm sorry, I know everybody is accusing us or some of us up here, especially myself, of having a mindset, it's a done deal, and yet again numerous offers were made for certain groups here to discuss with the Fire Department or the Fire Union, and they chose not to. So, you know, there's a little hypocrisy there in that part where people don't want to or refuse to meet with somebody. We've been in an information gathering mode now for a number of weeks. Remember, this Council, everybody, when we first started out, our first instructions to our negotiating team, which was this contract labor lawyer, and to our Assistant Fire Chief, was very simply, we are looking for total dollar savings - total dollar savings. That's what we are looking for. I feel,personally, that's what we are going to get. Thank you, Mr. Mayor."MAYOR BEYER: "I would also like to say, I've had no contact at all with the Fire Union during these negotiations. I'vetalked to the Chief a number of times, but I've had no contact whatsoever.So any charges that I have are false and misleading. "COUNCILMAN MURPHY: "I have evaluated this from a number of different angles and certainly spent my share oftime talking to citizens, both individually and groups. The information that I picked up from those groups were, we've got to reduce the cost of government - we've got to reduce the cost of our services.It appears there was a real issue and a public perception of a problem, and rightfully so quite candidly, with the wording concerning the overtime scenarios, and some of the language changes.Page 10 CITY COUNCIL MINUTES OCTOBER 26,1993 8. LEGAL AFFAffiS (Continued) We gave those instructions to our bargaining unit. They came back with this proposal that is before us. I'm going to take a certain Councilman's liberty and jump ahead and tell you that I will support the citizens request to solicit a study from the County for competitive information. I feel the information is important to measure not only what the alternatives are, but perhaps how well we are doing ourselves. Where one might see it as a threat, another person may see it as an opportunity. I also will support the ratification of this contract for one very simple reason. The bottom line is it saves $1,800,000 over the term of the contract and frankly, I'm a little bit perplexed because I haven't heard any alternative proposals on where we'd find that money if we didn't ratify the contract. I believe that it's important to move forward with this so we can see the savings and realize the savings. I also would make one final request of this body and that is to suggest that we require or derive a quarterly summary on financial performance for not only the Fire Department, but for all the departments so that we can keep track of the benefits as they are accrued to us in comparison on how we were operating previously. It is significant for today as well as understanding where we need to be for tomorrow." MOTION SECOND AYES NOES Murphy Spurgeon Spurgeon, Mayor Beyer, Murphy Barrera, Coontz That Resolution No. 8251 as introduced be adopted and same was passed and adopted by the preceding vote.ITEM 7.1- Report from City Manager on contractual services with the Orange County Fire Department.The City Manager reported the joint powers authority (J.P.A.) which is being formed by the 11 cities that do not contract with the County, but receive that service, and have, since their incorporation, been under a tax levy that is charged within those cities for fire service. The contract cities would achieve no benefit at this time by participating with them.The County, for a price of$15,000, will provide the City with a detailed report and detailed cost figures as to what the fire service would amount to. The $15,000 would be deducted from the first years fee for the contracted services. The effort, if it goes forward, will take a considerable amount oftime because we have to constantly review the proposal as made and make sure that it provides the level of service the Council believes the community should have. Also, because it has to be reviewed by the Council at each step, with the City Attorney frequently checking compliance with the no negotiation processes, it could take at least one year, maybe considerably more, to get to a stage where the Council could make a decision about whether it was a go or not on the negotiating process.The cities that do not contract, but receive the service under the taxes levied in their communities,pay an extraordinary sum, $60,000,000, to get the fire services. They also point out that only Page 11 CITY COUNCIL MINUTES OCTOBER 26,1993 7. REPORT FROM THE CITY MANAGER (Continued) 26,000,000 is spent in those cities for fire services, the other $36,000,000, they allege, is put in the County coffers to parcel out to all of the special districts within the County. They are upset about that and feel through a joint powers authority they can bring pressure to bear upon the County to adjust the local tax rate to represent the level of service. The relationship between the City and County would not change if the County was to break up and go to a joint powers authority. One or two members of the Board of Supervisors could sit on the joint powers authority. If the City were to join the J.P.A., it would still have to have its own contract with its own payment. Bob Bennyhoff, 10642 Morada Dr., commented on unknown costs for a joint power authority. Council discussed their following concerns: that prior to any actual contracting with the County for a feasibility study, the City Manager contact several contract cities to investigate their experience level in terms of how much their fees have been raised, after the initial contract, with the county, their happiness with their service, their control of the service in times of emergency. When emergencies occur, such as the LA riots, how much control does the City have in terms of who deploys their fire engines out of the community? MOTION SECOND AYES Murphy Coontz Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to agendize the subject of going to a County study for fire services, identify an account for appropriation of funds, and return to Council with a report based on the City Manager's comments, concerns outlined by Council, and include the monetary savings with an equal service level.MOTION SECOND AYES Murphy Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to approve Budget Line Item NO.7 to balance the budget.8.2 RESOLUTION NO. 8255 A Resolution of the City Council of the City of Orange approving Lot Line Adjustment LL 93-3 adjusting a lot line of certain real property situated at Lots 4 and 5 in Block M of Olive Heights.C2500.M.16. 1)Owners: John and Linda Graves MOTION SECOND AYES Spurgeon Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Page 12 CITY COUNCIL MINUTES OCTOBER 26,1993 8. LEGAL AFFAffiS (Continued) That Resolution No. 8255 as introduced be adopted and same was passed and adopted by the preceding vote. 8.3 RESOLUTION NO. 8257 A Resolution of the City Council of the City of Orange authorizing the execution of a Public Works Cooperation Agreement with the Orange Redevelopment Agency relating to public improvements - Finance Building roof in an amount not to exceed $51,000.00.RA2100. 0.Agr.2156)MOTION SECOND AYES Barrera Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Resolution No. 8257 as introduced be adopted and same was passed and adopted by the preceding vote.9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10. ORAL PRESENTATION Lorenzo Quetano, 109 Woodridge Circle, complained about the a street sweeping problem on his cul-de-sac. Corinne Schreck, 446 N. James, also complained about the street sweeper.Mayor Beyer instructed the City Manager, with the Street Division Manager, to investigate the complaints. 11. RECESS MOTION SECOND AYES Mayor Beyer Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy The City Council recessed at 5:35 P.M. to a Closed Session for the following purposes:a. To confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9(a), to wit:City of Orange vs. Refco Securities, Inc., NASD Arbitration NO. 92-03685.b. To confer with its attorney to decide whether to initiate litigation pursuant to Government Code Section 54956. 9(c).c. To meet and give directions to its authorized representative regarding labor relations matters pursuant to Government Code Section 54957.6.Page 13 CITY COUNCIL MINUTES OCTOBER 26, 1993 11. RECESS (Continued) d. To confer with its attorney regarding potential litigation pursuant to Government Code Section 54956.9(b)(1). e. To consider and take possible action upon personnel matters pursuant to Government Code Section 54957. f. To give instructions to its negotiator in connection with the purchase, sale, exchange or lease of real property pursuant to Government Code Section 54956.8. g. 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. 7:00 P.M. SESSION 12. INVOCATION - Pastor David Daniel, Calvary Chapel.12. 1 PLEDGE OF ALLEGIANCE TO THE FLAG 12. 2 ANNOUNCEMENTS - None 12.3 INTRODUCTIONS - None 12.4 PROCLAMATIONS Proclamationfor Flu Prevention Week, presented to Mary Wright, Director of Health ServiceslImmunizations.Proclamation for Homeless Awareness Week, presented to Jennifer Moody, HomeAid Corporation.12.5 PRESENTATIONS Presentation from American Business Women's Association to Councilwoman Joanne Coontz.Continued from 10- 12-93.)13. PUBLIC HEARINGS TAPE 5972 13. 1 ORDINANCE AMENDMENT 2-93, RESIDENTIAL LIGHTING, CITY OF ORANGE: Time set for a public hearing on petition by the City of Orange to consider a proposed ordinance amendment adding provisions to the Orange Municipal Code, Title 17 -Zoning Ordinance to establish maximum permitted lighting levels for residentially-zoned properties. (A2500. 0)NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines, Section 15305.MAYOR BEYER OPENED THE PUBLIC HEARING.Page CITY COUNCIL MINUTES OCTOBER 26,1993 13. PUBLIC HEARINGS (Continued) The Director of Community Development reported the subject amendment originated from a complaint by a resident whose neighbor's bright security light was illuminating the inside of his residence. The amendment requires all lighting in the residential zones be directed, controlled, screened or shaded so it does not shine directly on surrounding property, onto public right-of-way or the streets. The Commercial Zone also has added language that limits lighting. The Planning Commission recommended approval.THERE BEING NO SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC HEARING. MOTION SECOND AYES Murphy Spurgeon Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved that this project is categorically exempt from the provisions of the California Environmental Quality Act. MOTION SECOND AYES Murphy Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to approve Ordinance Amendment 2-93 as outlined in Planning Commission Resolution No. PC- 38-93. 14. PLANNING AND ENYmONMENT - None 15. ORAL PRESENTATIONS - None 16. ADJOURNMENT MOTION SECOND AYES Mayor Beyer Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy The City Council adjoumed at 7:35 P.M.@1d'*~ ~4V MARILYN J. NS , PMC CITY CLERK Page IS