02-19-1991 Council Minutes3bl
APPROVED BY CITY COUNCIL ON FEBRUARY 2B,
CITY COUNCIL MINUTES
OF A REGULAR MEETING
1991.
ORANGE CALIFORNIA
FEBRUARY 19, 1991
The City Council of the city of orange, California convened this 19th
day of February, 1991 at 3:00 p.m. in the Council Chambers, 300 E.
Chacman Avenue. Oranqe. California.
NOTE: The city Council met in a study Session at 2:00 p.m. in the
Weimer Room to discuss the Administrative Building Space Plan.
3:00 P.M. SESSION
1. OPENING
1.1 PLEDGE ALLEGIANCE TO THE FLAG
1.2 ROLL CALL
PRESENT - steiner, Barrera, Coontz, spurgeon ABSENT -
Mayor Beyer 1.3
APPROVAL OF MINUTES - None 1.4 PRESENTATIONS/
ANNOUNCEMENTS/INTRODUCTIONS 1.5 PROCLAMATIONS
a. Theresa De
La Cruz, accepted the proclamation for her organization of a
rally in support of the troops in the Middle East. She
indicated a tape of the rallies would be sent to the
troops to let them know they were being supported at home. (
P2000.0)2.CONSENT CALENDAR
TAPE 200 2.1 Declaration
of City Clerk Marilyn J. Jensen declaring posting of City Council
Agenda of a regular meeting of February 19,1991, at Orange
civic Center, Main Library, New Police Facility at 1107 N.
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 its
retention as
a Clerk.Declaration of
Agenda
Posting and authorized public record in
the Office of the City 2.2 Request
to approve escrow documents and related papers concerning the acquisition
of a strip of land along santiago canyon Road from
the Hurwitz Estate.ACTION:of city.
Authorized
Mayor and
City Clerk to execute on behalf S4000.S.3.
7)Page 1
3b8
CITY COUNCIL MINUTES FEBRUARY 19, 1991
2. CONSENT CALENDAR (Continued)
2.3 Request to appropriate an additional $2,533.00 to Account
4041-427601 (Printing and Binding) from Unappropriated
Traffic safety Fund 250 to purchase Traffic citations. (C2500.
K)ACTION:
Approved.2.4 Request the City Council approve and authorize the award of
Bid 901-41 to Flex Equipment, Inc. for furnishing
and installing gymnasium equipment at the Police Facility in the
amount of 27,627.03 and reject all other bids.
Fund No.501-4051-781200-
2300. (A2100.0 A.1749)
The following bids
were received:
Flex Equipment, Inc.
Busybody, Inc.
united Fitness
Equipment
Muscle Dynamics Physico,
Inc.Paramount 27,
627.03 27,
399.94 27,
620.00 30,
801.32 28,
840.20 30,707.26 The equipment offered by
Flex, Inc. is significantly superior to that of the lowest bidder.
This difference in quality is enough to outweigh the additional
cost of the Flex equipment.For further information, see Bid #
901-41 filed
in the City Clerk's Office.)ACTION: Bid #901-41
was awarded to Flex Equipment, Inc., in the amount of $27,
627.00; all other bids were
rejected.2.5 CLAIM FOR DAMAGES FROM:a. MERCURY INSURANCE
for an alleged incident
occurring on or about January 3, 1991.b. DANIEL MONTOYA
for an alleged incident
occurring on or about January 16, 1991.c. PETER WIRINSKY
for an alleged incident
occurring on or about September 20, 1990.d. WILLS ZENNIN
ZAGWOLSKY for an alleged incident
occuring on or about October 10, 1990.e. SALVADOR DIAZ
for an alleged incident
occurring on or about March 26, 1990.ACTION: Denied
claims
and referred to
City Attorney and
Adjuster.MOTION - steiner SECOND - Coontz AYES -
Steiner, Barrera, Coontz, Spurgeon
ABSENT - Mayor Beyer All items on the Consent Calendar were
approved as recommended.END
OF CONSENT
CALENDAR
369
CITY COUNCIL MINUTES FEBRUARY 19, 1991
3.REPORTS FROM MAYOR BEYER TAPE 216
Confirm appointment of Carol Walters as the designated neighborhood
contact regarding Chapman College issues. (S1200.0)
MOTION - steiner SECOND -
Coontz AYES - Steiner,
Barrera, Coontz, Spurgeon ABSENT - Mayor Beyer
Moved to confirm the
appointment of Carol Walters as the designated neighborhood contact regarding Chapman
College issues.4. REPORTS FROM COUNCILMEMBERS -
None 5.REPORTS FROM BOARDS. COMMITTEES
AND COMMISSIONS TAPE 243 5.1 a.for First
4-91.The
Management Audit
Committee
recommends the Council set Reading and subsequent adoption
Purchasing Ordinance No.Councilwoman Coontz reported on
behalf of the Management Audit Committee. In 1989, Ernst &
Young, then Arthur Young, recommended that the City perform
a detailed evaluation of the City's purchasing process. The City's
PurChasing Ordinance, which was originally prepared and adopted in
1981 is out-of-date and no longer appropriate for the
City's needs. With the assistance of the City Manager, the city Attorney
and the Finance Department and the General services Department, a
new draft Ordinance has been prepared. It meets a number of
the important management objectives:1. That
all contracts and purchases be properly documented.2. That
proper financial "checks and balances" be in place to ensure against
potential fraudulent practices.3. That
proper budget controls be in place.4. That
verification procedures be in place to ensure that goods and
services are received.5. That
the selection of vendors and service providers be as competitive as
possible.6. That
proper oversight be provided by the City Council and City Manager.
7. That
proper records be kept for audit purposes.1 1
New
Ordinance
Procedures will maximize the competitive process in purchasing both
commodities and services. A statement was added to this policy
indicating that no contract for professional services shall be
made when the professional serves as a public official or public employee
with the City, as provided by law.The following
ordinance was adopted:Page 3
370
CITY COUNCIL MINUTES FEBRUARY 19, 1991
5. BOARDS. COMMITTEES AND COMMISSIONS (Continued)
ORDINANCE NO. 4-
91 An Ordinance of
the Chapter 3.08 of
the Purchasing
System.City Council of the City of
Orange Orange Municipal Code revising
the C2500.J.
3)
amending City'
s MOTION - Coontz
SECOND - Spurgeon AYES -
steiner, Barrera, Coontz, Spurgeon ABSENT - Mayor
Beyer That Ordinance No.
4-91 have first reading waived and same was set for second
reading by the preceding vote.5.1
b. The Management Audit Committee recommended council approve Resolution No.
7761 which will approve administrative procedures for the selection
of professional services. (C2500.J.3)RESOLUTION NO.
7761 A Resolution
of the City Council of the City of Orange authorizing the regulations
to facilitate the administering of city contracts requiring services
of consultants.MOTION - steiner
SECOND - Coontz AYES -
Steiner, Barrera, Coontz,
Spurgeon ABSENT Mayor Beyer That Resolution
No. 7761 as
introduced be adopted and same was passed and adopted by the preceding
vote.5.2 The Council recommends
that the following committees be disbanded: (C2500.D)Centennial commission
Exemption Review Committee (
Paramedic User
Fee)Fireworks Committee Southwest Neighborhood Preservation
Resident Committee
MOTION - spurgeon SECOND - Coontz AYES -
steiner, Barrera, Coontz,
Spurgeon ABSENT - Mayor
Beyer Moved to disband the aforementioned
committees.Page 4
371
6.ADMINISTRATIVE REPORTS
FEBRUARY 19, 1991
TAPE 424
CITY COUNCIL MINUTES
6.1 Request approval for Staff to prepare a Request for Proposal to
hire a Design Architect to design plans, specifications, and to
administer the contract for the construction of (2) two gymnasiums at
Hart Park and El Camino Park. Amount not to exceed 14% of estimated
project cost. (C2500.M.4.9)
The Director of Community Services introduced John Bates, a
Consultant with John Bates Associates, Architecture & Land Planning,
who presented the results of a Needs Assessment Study for the two
proposed facilities. Council expressed concerns with security,
especially with the Hart Park facility, and wanted this to be listed
as a stated objective for the facility. Mr. Bates indicated the
facilities would be vandalism-
protected.The Director of Community services reported the size of the
proposed facilities was increased from the original projected size of 15,
000 square feet to 18,000 square feet to allow the facilities to
be mUlti-purpose recreational and to meet the needs of
the community well into
the future.Council expressed concern over the projected cost of
14%, feeling that the cost could be kept well under this amount.
Mr. Bates indicated this would definitely be the maximum and
hopefully, the cost would be well under
this amount.Council questioned what the staffing plans were for
the two facilities. The Director of Community Services indicated
that the budget allows for two full-time maintenance people
and they would plan to use part-time employees to work
in the gymnasium itself.A total of $3.5 million has been
budgeted for this project.Approximately $543,000 has been budgeted for
this fiscal year to start the RFP architectural design process. There
is a $l million shortfall. The gymnasiums could be phased
in, however more financial planning is required. If the economic
climate changes, there should be more money available for this project.
The City Manager indicated they were also exploring Redevelopment funds
in the Northwest area,which might be a
solution to the shortfall.Council indicated substantial savings might
be realized by going ahead with the project in the near future, in
view of the present economic climate. Council feels the need in
the community is very significant and the community expects the
City to have these gymnasiums available. Council felt that we should
go ahead with the design and if economic conditions
preclude going forward with construction, the project could be put on
hold for the future.Council commented that a gymnasium was planned
for El Camino Park when it was
first built
372
CITY COUNCIL MINUTES FEBRUARY 19, 1991
6. ADMINISTRATIVE REPORTS (Continued)
MOTION - Coontz SECOND -
steiner AYES - Steiner,
Barrera, Coontz, Spurgeon ABSENT - Mayor Beyer
Moved to have Staff
prepare a Request for Proposal to hire a Design Architect and administer the
contract for the construction of two gymnasiums at Hart Park
and El Camino Park.7. REPORTS FROM CITY
MANAGER - None 8.LEGAL AFFAIRS TAPE 1455
8.1 ORDINANCE NO. 3-
91 An Ordinance of the
City Council of the city of Orange to amend those sections of the Municipal
Code which pertain to the sale of alcoholic beverages. (A2500.0 Alcoholic
Beverages)MOTION - steiner SECOND - spurgeon
AYES - steiner, Barrera,
Coontz, Spurgeon ABSENT -
Mayor Beyer That Ordinance No. 3-
91 have second reading
waived and be adopted and same was passed and adopted by the
preceding vote.8.2 ORDINANCE NO 5-91 An
Ordinance of the city Council
of the city of Orange repealing and deleting Chapter 8.12 and section
15.32.080 of the orange Municipal Code and adding section 15.32.
015 prohibiting the manufacture, sale and use of state-approved safe
and sane fireworks. (P1300.0.1)MOTION - Coontz SECOND - Spurgeon AYES -
Steiner, Barrera, Coontz,
spurgeon ABSENT - Mayor
Beyer That Ordinance No. 5-91
have second reading waived
and be adopted and same was passed and adopted by the preceding
vote.8.3 ORDINANCE NO. 6-91 An Ordinance
of the city Council of
the City of Orange adding Chapter 9.39 to the Orange Municipal code,
establishing Local Regulation of Disturbing Parties. (A.2500.0 Parties)Page
6 T-
373
CITY COUNCIL MINUTES FEBRUARY 19, 1991
8. LEGAL AFFAIRS (Continued)
MOTION - steiner SECOND -
Spurgeon AYES - Steiner,
Barrera, Coontz, spurgeon ABSENT - Mayor Beyer
That Ordinance No. 6-
91 have second reading waived and be adopted and same was passed
and adopted by the preceding vote.8.4 ORDINANCE
NO. 7-91 An Ordinance
of the City Council of the city of Orange authorizing an Amendment to
the Contract between the City Council of the city of Orange and
the Board of Administration of the California Public Employees' Retirement
System. (11200.0.7)MOTION - Spurgeon
SECOND - steiner AYES -
steiner, Barrera, Coontz,
spurgeon ABSENT - Mayor Beyer That Ordinance
No. 7-91 have
second reading waived and be adopted and same was passed and adopted
by the preceding vote.8.5 RESOLUTION NO. 7757
A Resolution of the City
Council of the City of orange amending Resolution No. 7614 relating to
the wages, hours, and other conditions of employment for the
classification of Purchasing Clerk.C2500.J.4.5)MOTION -
Coontz SECOND - Barrera AYES -
Steiner, Barrera, Coontz,
Spurgeon ABSENT - Mayor
Beyer That Resolution No. 7757 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 PRESENTATIONS TAPE 1885 Carol Walters, 534 N.
Shaffer st., complained that Chapman
College has received guest permit parking passes from the City
for the construction workers. The residents on Grand Street are experiencing
problems with construction workers parking in this area. She
does not feel the city should issue the guest parking
passes. The Traffic Engineer was instructed by council to handle this problem.
Page 7 r
374
CITY COUNCIL MINUTES FEBRUARY 19, 1991
10. ORAL PRESENTATIONS (Continued)
Barbara DeNiro, 1118 E. Adams, reported to the Council that there was
another accident at Cambridge and Adams, involving a bicyclist and an
automobile. She feels this is a problem intersection which lacks
adequate lighting. The offset intersection at wilson and Adams also
needs stronger lighting. She also feels schools should be notified
to have bicycle safety programs, because there are a lot of
non-English speaking people at the school who are not aware
of bicycle safety rules. Staff was instructed to check into the
matter.
COUNCIL RECESSED AT 4:25 P.M.
The City council recessed to an Executive Session at 4:25 p.m. in
order to meet with its Legal Counsel to discuss whether to initiate
litigation based on existing facts and circumstances. The Council
also discussed pending litigation, Peralta Hills Alliance vs. citv of
Oranae, orange County Superior Court Case No. 63-
99-72.It was reported, no action
was taken.The City Council adjourned at at 4:45 P.M. to a
Joint Workstudy Session with the Planning commission on Thursday, February
21, 1991 at 8:30 a.m. in the Weimer Room to discuss the
zoning
Ordinance Revision.DUE TO AN EXPECTED LACK OF QUORUM, THERE WAS NO 7:00 P.
M. SESSION.MARILYN J.
JENSEN, CMC.,
CITY CLERK
GENE
BEYER MAYOR BY: ~4A t".lt;
k........r CASSANDRA
CATHCART, MC.DEPUTY
CITY
CLERK
TEM BY:
CON F IDE N T I A L
MEMORANDUM
TO: MARILYN J. JENSEN, CITY CLERK
FROM: GENE R. MINSHEW, INTERIM CITY ATTORNEY
DATE: FEBRUARY 19, 1991
SUBJECT: EXECUTIVE SESSION OF THE CITY COUNCIL AT
REGULAR MEETING OF FEBRUARY 19. 1991. IN
ORDER TO DISCUSS WHETHER TO INITIATE CER-
TAIN LITIGATION.
This Executive Session has been requested to discuss
whether to initiate legal action against the County of
Orange regarding the Master Property Tax Agreement. The
urgency of this matter was not known at the time the city
Council agenda for February 19, 1991, was prepared and
issued.
Word has been received that the Board of Supervisors is
considering termination and renegotiating the agreement
which has been in effect since 1980. The details of the
background and recommendations are set forth in the city
Manager's memorandum to the City Council, dated February 19,
1991, entitled "Master Property Tax Agreement."
The urgency necessitating this Executive Session today
is that one of the recommendations is to consider an action
against the County. The matter needs immediate discussion
because the financial consequences to the city may be severe
if appropriate action is not taken at once, whether or not
such action is filing a lawsuit.
fA,w~
Gene R. Minshew
Interim City Attorney
GRM:ajj