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HomeMy WebLinkAbout1_2_2001 - Council Minutes - Adjourned Regular MeetingAPPROVED BY CITY COUNCIL ON JANUARY 23, 2001 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF AN ADJOURNED REGULAR MEETING January 2,2001 The City Council of the City of Orange, California convened on January 2, 2001 at 7:00 p.m. in an Adjourned Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California. 7:00 P.M. SESSION 1. OPENING - Invocation given by Harry Thomas, Public Works Director 1. 2PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilmember Coontz 1. 3ROLL CALL PRESENT - Slater, Coontz, Mayor Murphy, Alvarez ABSENT - None 2. PUBLIC COMMENTS - None.3. CONSENT CALENDAR All items on the Consent Calendar are considered routine and are enacted by one motion approving the recommended action listed on the Agenda. Any member of the City Council, staff or the public may request an item be removed from the Consent Calendar for discussion or separate action. Unless otherwise specified in the request to remove an item from the Consent Calendar, all items removed shall be considered immediately following action on the remaining items on the Consent Calendar.3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of an Adjourned Regular Meeting of January 2, 2001 at Orange Civic Center, Main Library at 101 N. Center Street, Police facility at 1107 North Batavia,the Eisenhower Park Bulletin Board, and summarized on Time-Warner Communications, 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 Adjourned Regular Meeting. ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a public record in the Office of the City Clerk.MOTION - Coontz SECOND - Slater AYES - Slater, Coontz, MayorMurphy, Alvarez Item 3.1 on the Consent Calendar was approved as recommended.END OF CONSENT CALENDAR PAGE 1 CITY COUNCIL MINUTES January 2, 2001 4. ADMINISTRATIVE REPORTS 4.1 Report concerning the filling of a vacancy created by the election of Mark Murphy to the office of Mayor. (Continued from December 12, 2000) SUMMARY: The election of Mark Murphy to the office of Mayor has created a vacancy on the City Council. The City Council has three options: (1) appoint someone to fill the balance approximately two years) of the unexpired term; (2) call a special election to be held on June 5, 2001; or (3) call a special election to be held on June 5, 2001 and appoint a council member to serve until the date of the special election. Consider and decide on one of the three alternative actions: A. Ifthe decision is to appoint someone to fill an unexpired term: I. Take nominations from the City Council and vote on same. NOTE: No action was taken on Item A. B. If the decision is to call a special election without appointment: 1. Adopt Resolution No. 9376 - A Resolution of the City Council of the City of Orange,California, calling and giving notice of the holding a of a Special Municipal Election to be held on Tuesday, June 5, 2001 for the Election of a Councilmember to fill the vacancy as required by the provisions of the laws of the State of California relating to General Law Cities. 2. Adopt Resolution No. 9377 - A Resolution of the City Council of the City of Orange,California, requesting the Board of Supervisors of the County of Orange to conduct a Special Municipal Election to be held on Tuesday, June 5, 2001.3. Adopt Resolution No. 9378 - A Resolution of the City Council of the City of Orange,California, adopting regulations for Candidates for Elective Office pertaining to Candidate's Statements submitted to the voters at a Special Election to be held on Tuesday, June 5, 2001.4. Adopt Resolution No. 9379 - A Resolution of the City Council of the City of Orange,California, providing for the conduct of a Special Runoff Election for Elective Offices in the Event of a Tie Vote at a Special Municipal Election.C. If the decision is to call a special election and fill the vacancy by appointment until the special election:I. Adopt Ordinance No. 25-00 - An Ordinance of theCity Council of the City of Orange requiring that a vacancy in the office of a member of the City Council be filled by appointment only until a Special Election can be held to elect a successor.2. Adopt the four resolutions noted in B above.3. Take nominations from the City Council and vote on same.NOTE: No action was taken on Item C.PAGE 2 CITY COUNCIL MINUTES January 2, 2001 4. ADMINISTRATIVE REPORTS (Continued) SPEAKERS: The following people spoke in favor of appointing Carolyn Cavecche to the vacant seat: Paul Dylewski, 253 N. Pine St. Mary Keough, 305 E. Jackson Michael Fischer, 923 Cumberland Road Alex Ciavola, 2440 E. Hillside Ave. Darren Kempkes, 507 Cumberland Rd. Mark Wronski, 2134 Larkstone Dr., submitted petition with 230 signatures in support of Carolyn Cavecche and opposed to a special election Elmo North, 1218 E. Chalynn Richard Collins, 326 E. Jackson Mara Brandman, address on file, Orange Park Acres Michelle Turner, 417 N. Cypress St. Matti Link, 801 E. Culver Lindi Smith, 968 N. Old Orchard Lane Denise Dotson, 8226 Woodwind Bea Herbst, 1435 E. Walnut Mark Clemens, 146 N. Shaffer Adrienne Gladson, 700 E. Lake Dr. #97 The following people spoke in favor of calling a special election: Jim Webb, 1124 W. Chapman Robert Keefauver, 939 W. Badger Pass Lane Pat Johnson, 2195 N. Shaffer St. William Warne, 1208 E. Adams Robert Mickelson, P. O. Box 932, Orange Richard Siebert, 1388 N. Kennymead St. Katie Joy Adrean and son Daniel Gene White, 155 N. Jewell, spoke in favor of an appointment for the unexpired term only, but not third highest vote getter. COUNCIL COMMENTS: Council asked for clarification on the cost of the election and who would be able to run in a special election. The City Attorney explained that anyone 18 years or older and a registered voter in Orange would be able to run in an election. The City Clerk reported the cost of a special election is estimated to run between $1 and $2 per registered voter, with approximately 61,000 registered voters in Orange. The total cost would be based on participation in the election from other cities in the County. PAGE 3 CITY COUNCIL MINUTES January 2, 2001 4. ADMINISTRATIVE REPORTS (Continued) Mayor Murphy thanked the citizens of Orange for their input and patience. Those who have submitted applications all have the qualifications to do a good job, but he believes the citizens of Orange should have the option to choose this fifth Councilmember. While there is a cost involved, a cost should not be placed on the citizens' right to vote. There were only two seats open in the last election, not three; and suggested Council look at a policy to address this issue for the future. Councilmember Slater appreciated the comments and interest expressed by the community. He agreed this is a decision which belongs to the voters, but feels the voters have already made their decision as Carolyn Cavecche came in third in the last election; and a special election would be a waste of taxpayer funds. A decision should be made to appoint the person receiving the third highest number of votes; and anything other than this would be wrong. He did not agree with a comment made regarding factions on the Council; and Carolyn Cavecche is very independent and not aligned with anyone. He agreed Council needs to consider a policy should this type of problem arise in the future. MOTION - Slater Moved to appoint Carolyn Cavecche to the vacant Council seat.MOTION DIED FOR LACK OF SECOND Councilmember Alvarez acknowledged those who submitted applications and appreciated the extra step that was taken by these individuals. There were a lot of outstanding applicants and anyone of them would bring a good mix to the Council. However, he felt Carolyn Cavecche would be the best person to fill the vacant seat. He received many E-mails from citizens and Carolyn's name was mentioned more than others. He did not agree with the comment on factions on the Council, and pointed out that usually the Council votes unanimous on Closed Session items which are very difficult issues. He felt the "buck" should stop with the Council, and it is up to them to step up and make a decision. An election would be a "cloud" over the Council and their integrity should be upheld. He suggested Council discuss all the candidates who submitted applications before a decision is made. Councilmember Coontz stated there were three Council appointments between 1986 and 1994 and felt this was never the way to go; in fact, she voted against the appointment of Mark Murphy to the Council in 1993. It is a privilege to vote and very important for the citizens to be able to vote; a price tag should not be placed on that privilege. She expressed concern about the negative mailers from the last election and pointed out the focus of these pieces was to create a majority power on the Council. She was concerned that appointments to the Council can also be used to create a majority power. She also did not agree with the comment about factions on the Council, as they vote the same way on most issues. She felt very strongly this should not be a personal decision of the Council, but a decision of the voters. PAGE 4 CITY COUNCIL MINUTES January 2, 2001 4. ADMINISTRATIVE REPORTS (Continued) Mayor Murphy stated that while he was in favor of a special election, he asked for applications to see the range of people that were interested. There were many qualified people and no one individual came through as being the only one capable of doing this job. The best way to ensure that the selected person is the choice of the voters is to let the voters decide. In response to Council questions, the City Attorney reported the law mandates Council needs to take action on one of the two options - eitherappoint someone to fill the vacant seat or call for a special election. If no decision is made, any citizen could file a court order to call for an election. COUNCIL ACTION:Resolution No. 9376 - A Resolution of the City Council of the City of Orange, California,calling and giving notice of the holding a of a Special Municipal Election to be held on Tuesday,June 5, 2001 for the Election of a Councilmember to fill the vacancy as required by the provisions of the laws of the State of California relating to General Law Cities.MOTION - Mayor Murphy SECOND - Coontz AYES - Coontz, Mayor Murphy NOES - Alvarez ABSTAIN- Slater Moved to adopt Resolution No. 9376. Resolution No. 9377 - A Resolution of the City Council of the City of Orange, California,requesting the Board of Supervisors of the County of Orange to conduct a Special Municipal Election to be held on Tuesday, June 5, 2001.MOTION - Mayor Murphy SECOND - Coontz AYES - Coontz, Mayor Murphy NOES - Alvarez ABSTAIN- Slater Moved to adopt Resolution No. 9377. PAGE 5 CITY COUNCIL MINUTES January 2, 2001 4. ADMINISTRATIVE REPORTS (Continued) Resolution No. 9378 - A Resolution of the City Council of the City of Orange, California,adopting regulations for Candidates for Elective Office pertaining to Candidate's Statements submitted to the voters at a Special Election to be held on Tuesday, June 5, 2001.MOTION - Mayor Murphy SECOND - Coontz AYES - Coontz, Mayor Murphy NOES - Alvarez ABSTAIN- Slater Moved to adopt Resolution No. 9378.Resolution No. 9379 - A Resolution of the City Council of the City of Orange, California,providing for the conduct of a Special Runoff Election for Elective Offices in the Event of a Tie Vote at a Special Municipal Election. MOTION - Mayor Murphy SECOND - Coontz AYES - Coontz, Mayor Murphy NOES - Alvarez ABST AIN- Slater Moved to adopt Resolution No. 9379.5. RECESS TO CLOSED SESSION The City Council recessed at 8:40 p.m. to a Closed Session for the following purposes:a. Conference with Real Property negotiator pursuant to Government Code Section 54956.8:Property: Parcel located at NW corner of Spring and McPherson Negotiating Parties: Union Pacific Railroad and City of Orange Under Negotiation: Price and Terms of Payment b. Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing litigation:City of Orange vs. Jeffrey Hambarian, et aI., Orange County Superior Court Case No. 807419.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.PAGE 6 CITY COUNCIL MINUTES 6. ADJOURNMENT MOTION - Coontz SECOND - Slater AYES - Slater, Coontz, Mayor Murphy, Alvarez The City Council adjourned at 9:10 p.m.Ld~~CASSANDRA J ATHCART, CMC CITY CLERK January 2, 2001 PAGE 7