11-23-1993 Council MinutesCITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
November 23, 1993
The City Council of the City of Orange, California convened on November 23, 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, Mayor Beyer, Coontz, Murphy ABSENT -
Barrera NOTE: Mayor
pro tem Barrera arrived at 3:05 P.M.1.3
APPROVAL OF MINUTES Regular Meeting
November 9, 1993 MOTION - Coontz
SECOND - Murphy AYES -
Spurgeon, Mayor Beyer,
Coontz, Murphy ABSENT - Barrera ACTION: Approved.1.
4 PRESENTATIONS! ANNOUNCEMENTS!
INTRODUCTIONS - None
1.5 PROCLAMATIONS - None 2.CONSENT CALENDAR
TAPE 42 2.1 Declaration
of City Clerk Marilyn 1.
Jensen declaring posting of City Council agenda of a regular meeting of November 23, 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 November 23, 1993
2. CONSENT CALENDAR (Continued)
2.3 Request authorization to approve a Homeowner Participation Program Grant and
authorize the Finance Department to prepare a warrant in the amount of $325.00.
C2500.G.1.3.1)
FISCAL IMP ACT: Sufficient funds are available in Account No. 316-
6053-427800-1221 Homeowner Participation
Program). Case #
563.ACTION: Approved.2.4 Request authorization to approve a Homeowner Participation
Program Grant and authorize the Finance Department to prepare a warrant in the amount of $
2,000.00.C2500.G.
l.3.1)FISCAL IMP ACT: Sufficient funds are available in
Account No. 316-6053-427800-
1221 Homeowner
Participation Program). Case #564.ACTION: Approved.
REMOVED AND HEARD SEP ARATEL Y)2.5 Request for the temporary suspension
of Permit Parking restrictions in Neighborhood Parking Permit Program 'Area A' on December 9,
1993. (S4000.S.
3.1.2)FISCAL IMPACT: None.Carole Walters, 534 N. Shaffer, commented the
Orange Unified School District is seeking other places to have their conferences. Chapman
University should do the same because of parking problems in the area. If the neighbors have to
pay extra for guest passes when they have a party, the
college and high school should also.Milt Galbraith, representing Chapman College'
s Security and Parking Control, commented the Economic Forecast has been held for the past 16
years and involves the entire business community of Orange County. Each affected resident will
be notified 72 hours before the event. Mr. Galbraith was asked to provide Council
with a list of Chapman events.Mayor Beyer instructed the Police Chief to make sure
the
area on December 9th is patrolled.Councilmembers requested a report on how many
people are asking for special parking permits and pay extra, an update on the success of
the parking permit program, and the long
range parking plans
for Chapman University.
MOTION - Barrera SECOND - Coontz AYES - Spurgeon, Barrera, Mayor
Beyer, Coontz,
CITY COUNCIL MINUTES November 23, 1993
2. CONSENT CALENDAR (Continued)
ACTION: Moved to approve the request and provide Council with a plan and schedule
for the event. Chapman University to make sure the neighbors' driveways are not blocked.
MOTION - Murphy SECOND -
Coontz AYES - Spurgeon,
Mayor Beyer, Coontz, Murphy ABSENT - Barrera All
items on the
Consent Calendar were approved as recommended.END OF CONSENT CALENDAR
3.REPORTS FROM MAYOR
BEYER TAPE 396 3.1 Status report
from Mayor Beyer on El Toro Marine Base reuse. (C2500.D.l)Mayor Beyer read portions
of the following fax from Supervisor Steiner:Copy of the entire
report is on file in the City Clerk's Office.)The Committee of Supervisors
Steiner and Stanton have put together a position paper. The framework we are suggesting
contains three reuses, authority options, and includes a preferred alternative which offers unprecedented
sharing at the County's Planning and Land Use Authority with the cities ofIrvine
and Lake Forest and the County Board of Supervisors.The Reuse Authority we
propose has a regional perspective balancing the legitimate concerns of south county cities with
the recognition ofEI Toro's importance for regional economic benefits.If the recommended decisions
sharing approach we have identified as the County's preferred alternative fails to attain
a consensus, we recommend the issue of municipal participation be taken to the Orange County
League of Cities. If consensus is not reach through the League of Cities,we recommend the EI
Toro MCAS Reuse Authority structure be taken directly to the people of Orange County and placed
on the June 1994 ballot.The reasons that we
describe are based on the following principles: First, the Board of Supervisors has the responsibility
and accountability for the ultimate land use decision that affects the EI Toro MCAS
property. Second, Base land reuse decisions will affect the entire County,and therefore requires representation
of all County citizens through the only public entity elected by all voting cities
in the County and that is the Board of Supervisors. Third, the cities oflrvine and Lake Forest have
made claims to a share ofland use planning authority which can be legitimately accommodated. Fourth, the
land reuse planning process should incorporate the input and advice from the
public at large and the business and industrial communities.PAGE 3
CITY COUNCIL MINUTES November 23, 1993
3. REPORTS FROM MAYOR BEYER (Continued)
We offer this position paper in a positive attempt to facilitate the process of establishing a rational
EI Toro MCAS Land Reuse in the entity. This effort should be regarded as complimentary and
supportive to the leadership provided by Supervi90rs Vasquez and Riley. The three options that
we stand ready to embrace are described below in order of preference and provide another tool
for Supervisors Riley and Vasquez to use in their role as Chairman and Vice-Chairman of
the Reuse
Authority.Option I - the preferred alternative: To include the cities ofIrvine and Lake Forest as members of
the Land Reuse decision would help shape the living environment in the South County. The
entity will include nine voting members, five Orange County Supervisors, two Irvine City Council
members, one Lake Forest City Council member and one at large public member appointed by the
other eight members. By having all five County Supervi90rs on the Reuse Authority, every
Orange County voter is represented by the authority. By having the representatives ofIrvine and
Lake Forest on the Reuse Authority, the special needs and insights of the immediate area
surrounding EI Toro MCAS are represented. This is unprecedented in the County Land Use
Planning process.
Option 2 - League of Cities alternative: We are willing to support the formation of a reuse entity that
includes eleven voting members, five Orange County Supervi90rs, five City Council members and
one at large public member appointed by the other ten members. The five City Councilmembers
would be chosen by the Orange County League of Cities and one representative from
each of the five supervisorial districts. However, with the discussions with Lake Forest and Irvine
are unsuccessful, and if the League of Cities if unable or unwilling to chose these municipal representatives
by the Reuse Authority, we would recommend this matter be taken directly to the people
of Orange County.Option
3 - This would be a June 1994 ballot measure."Mayor Beyer
commented he did not support any options at this time. A meeting is being scheduled on
November 24, 1993 with Mayors Daly and Young on the status of this concept, and Council's
comments were requested before the meeting.MOTION SECOND
AYES
Murphy
Coontz
Spurgeon,
Barrera, Mayor
Beyer, Coontz, Murphy Moved to receive and
file the oral report.4. REPORTS FROM COUNCILMEMBERS -
None 5. REPORTS FROM BOARDS, COMMITTEES,
AND COMMISSIONS - None PAGE 4
I
CITY
COUNCIL MINUTES November 23, 1993 6.
ADMINISTRATIVE REPORTS TAPE 577 6.
1 Staff report concerning Resolution No. 8268, authorizing the Public Employees'Retirement
System to grant an additional designated period service credit for the City of Orange. (
11200.3.4)The
Personnel Director announced the report provides for two additional years of service credit under
the Public Employees Retirement System for the Director of General Services. PERS requires
disclosure of the cost of this action two weeks prior to the adoption of Resolution No.8268
scheduled to be on the December 14, 1993 Council agenda. The cost is $39,700 with a commensurate
savings in the 1993/94 fiscal year of$10,795. The savings that will accrue beginning
the first of next year and each year thereafter is estimated to be $90,195.MOTION
SECOND
AYES
Spurgeon
Beyer Spurgeon,
Barrera, Mayor
Beyer, Coontz, Murphy Moved to approve the
report.7. REPORTS FROM CITY
MANAGER County Fire Services with
the Contract Cities The City Manager announced
a report on the continuing efforts to evaluate the pluses for the City and the problems concerning
the fire contract with the County, as well as interviews being conducted at this time
with the contract cities, will be presented in a report scheduled for the December 14, 1993 agenda.
Councilmembers asked when information
on the slippage in the 1993/94 budget would be I provided and along
withinformationonunresolvedbudgetcostsavingproposals. Also requested was a schedule for
budget planning and priorities for fiscal year 1994/95. The City Manager 00"", "" """'&11 h" """ modffi,'
rereotly "" "'ditio"" modffi"";oo ;, """"'" du, to Ithe Government reimbursing the
City for the remedial activity during the flood that occurred early <thiafi's year. Informbation
willbe provid~d to Cdouncil regarding Prop 172 options for funding public j s ety on Decemer21, 1993 Counctl agen a.The City Manager reported
he would provide the Council with a projection for the next seven fiscal years.8.LEGAL
AFFAIRS TAPE
796 8.1 RESOLUTION NO.
8266 A Resolution of the
City Council of the City of Orange authorizing certain staff to receive State and Federal disaster assistance
funds on behalf of the City for costs associated with the winter storms ofl993. (C2500.E.
6.2)PAGES
CITY COUNCIL MINUTES November 23, 1993
8. LEGAL AFFAIRS (Continued)
MOTION
SECOND
AYES
Murphy
Coontz Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy That Resolution
No. 8266 as introduced be adopted and same was passed and adopted by the preceding vote.
8.2
RESOLUTION NO. 8267 A Resolution
of the City Council of the City of Orange authorizing certain staff to receive State and Federal
disaster assistance funds on behalf of the City for costs associated with the wild land fires of
October and November, 1993. (C2500.E.6.2)MOTION SECOND
AYES
Murphy
Spurgeon
Spurgeon,
Barrera, Mayor
Beyer, Coontz, Murphy That Resolution No. 8267
as introduced be adopted and same was passed and adopted by the preceding vote.8.3
RESOLUTION NO.
8269 A Resolution of the
City Council of the City of Orange amending the resolution for Miscellaneous Employees, Resolution No. 7853,
adding the classification of Parking Control Aide.C2500.J.4.7)
MOTION SECOND AYES Spurgeon
Barrera
Spurgeon,
Barrera,
Mayor Beyer,
Coontz, Murphy
That Resolution No. 8269 as introduced be
adopted and same was passed and adopted by the preceding vote.8.4 ORDINANCE NO. 14-
93 An
Ordinance of the City Council
of the City of Orange amending Sections 17.42.480 and 17.43.110and adding Sections
17.08.210,17.10.230,17.26.230,17.32.260,17.38.230 and 17.40.230 to the Orange
MunicipalCode relating to establishing maximum permitted lighting levels. (A2500.0)Amendment 2-93
City of Orange
PAGE 6
CITY COUNCIL MINUTES November 23, 1993
8. LEGAL AFFAIRS (Continued)
MOTION
SECOND
AYES
Barrera Coontz
Spurgeon, Barrera,
Mayor Beyer, Coontz, Murphy That Ordinance No.
14-93 have second reading waived and be adopted and same was passed and adopted by
the preceding vote.9. RECESS
TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10. ORAL
PRESENTATIONS - None 11. RECESS MOTION
SECOND AYES
Mayor
Beyer
Barrera
Spurgeon, Barrera, Mayor
Beyer,
Coontz, Murphy The City Council recessed at
3:36 P.M. to a Closed Session for the following purposes:a. 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.City of Orange vs.
Moreland & Associates, Orange County Superior Court Case No. 701396.b. 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.d. To confer with
its attorney regarding potential litigation pursuant to Government Code Section 54956.9(b)(
1).e. Toconsider and
take possible action upon personnel matters pursuant to Government Code Section 54957.NOTE: The
City Attorney
announced item f is to be deleted.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.PAGE 7
CITY COUNCIL MINUTES November 23, 1993
12. ADJOURNMENT
Mayor Beyer announced, due to an expected lack of quorum, there would be no 7:00 P.M.
Session.
MOTION
SECOND
AYES
Murphy
Coontz Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy The City
Council adjourned at 4:20 P.M.A1'.#V
MARlLYN
1. 'NS CITY CLERK
Gene Beyer
GENE BEYER
MAYOR B~~~
L.
B
RA MAYOR PRO
TEM PAGE 8