8/24/2004 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON SEPTEMBER 14, 2004
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING AUGUST 24, 2004
The City Council of the City of Orange, California convened on August 24, 2004 at 4:30 p.m. in
a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
4:30 P.M. SESSION
1. OPENING
1.1 INVOCATION
Given by Leslie Williams-Frazer, Public Works Department
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Mike Alvarez
I.3 ROLL CALL
PRESENT - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
NOTE: This was removed from the Agenda and not presented.
Presentation of Mayor's Award to Parker Kennedy and the First American Financial
Foundation for a generous donation to the Community Foundation of Orange.
Presentation of Resolution No. 9898 to Rey Montoya of the Fire Department,
commending him for 30 years of service with the City of Orange.
Presentation of a Proclamation honoring Literacy Day in the City of Orange, September
8,2004. - Presented to Nora Jacob, City's Librarian.
The following employees received Service Awards: Sharon Kirkland - City Attorney's
Office; Diana McGinnis - Police Department; Pamela Propst - Community Development
Department; John Ireland - Fire Department; Brian Marcotte - Police Department; Carol
Meehan - Police Department; Scott Coniff - Fire Department.
2. PUBLIC COMMENTS
Shawn Ward, on behalf of the YMCA, thanked the Council and City employees for their
participation in building the YMCA KaBoom/Home Depot playground.
Cynthia Worcester, 1206 E. Walnut, spoke on the alleged increased emollment at the
First Christian Church on Walnut which is an alleged violation of an existing conditional
use permit.
CITY COUNCIL MINUTES
AUGUST 24, 2004
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, Mary E. Murphy, declaring posting of City Council
agenda of a regular meeting of August 24, 2004 at Orange Civic Center north facing
kiosk, Police facility at 1107 North Batavia, Shaffer Park; 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; and available at the Orange
Civic Center City Clerk's Office and Main Public Library at 101 N. Center Street.
ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a
public record in the Office of the City Clerk.
3.2 Request Council Confirmation of warrant registers dated August 3, 5, and 12, 2004.
ACTION:
Approved.
(REMOVED AND HEARD SEPARATELY)
3.3 Request approval of Minutes, Regular Meeting, August 10, 2004. (C2500.D.4)
Councilmember Ambriz requested information on three issues: Has the street fair
organization appointed a public information officer (PIO); Has the map of the booth
activities been updated; and has it been made clear that this event is not the responsibility
of the City of Orange?
Assistant City Manager, John Sibley responded that council will be given the name of the
event's PIO; and the map will be updated.
Mayor Murphy added that links to the street fair organization and their PIO can be
included on the city's web site.
Mr. Sibley reported that the YWCA is the only group that has applied for a special event
permit at this time.
MOTION-
SECOND-
AYES -
ABSTAIN -
Ambriz
Cavecche
Ambriz, Alvarez, Mayor Murphy, Cavecche
Coontz
ACTION:
Approved.
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AUGUST 24, 2004
3. CONSENT CALENDAR (Continued)
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
3.5 Receive and file the City Treasurer's Report, period ending July 31, 2004.
(C2500.F)
ACTION:
Approved.
AGREEMENTS
3.6 Award of Consultant Services Agreement to Nicoloff and Associates for Architect
Engineering Design and Construction Support Services for Fire Station 8
Permanent Facility (SP 3476) project. (A2100.0 Agr-4533)
SUMMARY: This contract authorizes Nicoloff and Associates to provide Architect
Engineering Design and Construction Support Services for Fire Station 8 Permanent
Facilities project including the relocation of Carver Water Pump Station within the
project site.
ACTION: Awarded the contract in the amount of $212,474 to Nicoloff and Associates
and authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Funds are available in the following account:
594-3011-481200-2681
Fire Station 8
$1,907,081
3.7 An amendment to an existing professional service agreement with Hogle-Ireland,
Inc., a private planning consulting firm, to provide current and advance planning
assignments and prepare Planning studies or reports for the Planning Division.
(A2100.0 Agr-4461.1)
SUMMARY: The goal of the Planning Division is to provide quality professional
planning services. The division is currently experiencing an increase in planning
applications filed as well as a staff shortage. The amendment to the contract will
augment our existing staff with the use of professional planning consultants for the next
four months.
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CITY COUNCIL MINUTES
AUGUST 24, 2004
3. CONSENT CALENDAR (Continued)
ACTION: Approved and authorized the Mayor and City Clerk to execute an amendment
to an existing professional service agreement with Hogle-Ireland, Inc., not to exceed an
additional $30,000, for a total contract amount of $60,000.
FISCAL IMPACT: Funds in the amount of $60,000 are available in the following
account of the Current Planning Division's budget: 100-6021-426700 - Other
Professional and Consulting Services. There will ultimately be no fiscal impact to the
City, however, because the cost of the contract planners will be reimbursed by the
applicant.
3.8 An agreement with a private building plan check firm, CSG Consultants, Inc, to
provide on-site plan checks, conduct field inspections to determine compliance with
City codes and related public counter services for the Building Division. (A2100.0
Agr-3375.D)
SUMMARY: The goal of the Building Division is to provide quality plan checking
services at the public counter throughout the business day and timely field inspections.
The Department has been experiencing a staff shortage, which makes it difficult to meet
that goal. This new agreement will augment our existing staff with the use of an on-site
plan check consultant and a field inspector through the end of the fiscal year.
ACTION: Approved and authorized the Mayor and City Clerk to execute an Agreement
with CSG Consultants not to exceed $80,000.
FISCAL IMPACT: Funds in the amount of $80,000 are available in the following
account of the Plan Check Administration budget: 100-6033-427800 - Other Contractual
Services.
(REMOVED AND HEARD SEPARATELY)
3.9 Agreement with ACS State and Local Solutions, Inc., for Information Technology
Services. (A2100.0 Agr-0978.C)
SUMMARY: The City contracts with ACS State and Local Solutions, Inc. for network
administration and information technology support as identified in a performance-based
agreement. The current agreement was executed in August 1997 and expires August 30,
2004. A new multi-year agreement is proposed to cover the term September 2004
through June 2007.
NOTE: Mayor Murphy abstained on this item due to a potential employment
conflict and stepped down from the dais.
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AUGUST 24, 2004
3. CONSENT CALENDAR (Continued)
Discussion
Councilmember Alvarez inquired about the costs and the review process for ACS given
the City's current budgetary concerns and asked who was responsible for oversight of the
contract.
John Sibley, Assistant City Manager, responded that the contract amount was agreed
upon at the beginning of the three-year contract and the city is committed to that. He also
explained that the city's cutbacks in staffrequire doing more with less through the use of
technology. He indicated that the reliance upon this technology is directly connected to
ACS's support of the systems through upkeep and maintenance. He indicated that the
City Manager's office was responsible for the oversight of ACS's performance.
Barbara Messick, Sr. Assistant to the City Manager, added that there are performance
standards in the contract. She meets with the ACS manager and receives a monthly
report on performance indicators such as response and repair times.
Mr. Sibley added that the Council will be provided with copies of these monthly reports
and the ACS performance evaluations.
MOTION:
SECOND:
AYES:
ABSTAIN:
Cavecche
Coontz
Ambriz, Alvarez, Coontz, Cavecche
Mayor Murphy
ACTION: Approved the Information Technology Service Agreement with ACS and
authorized the Mayor and the City Clerk to execute the agreement.
FISCAL IMPACT: The expenditure of $1,205,962.60 for FY 2004-05 is budgeted in
account 780-1601-426700-0000 (Contractual Services - Other Professional and
Consulting Services) in the Information Systems Fund (Fund 780).
APPROPRIATIONS
(REMOVED AND HEARD SEPARATELY)
3.10 Approve an amendment of $22,400 to the Personnel Department Budget for FY
2004/05 to re-instate the Employee Service Awards program. (C2500.J.1.1)
SUMMARY: Personnel Department staff recommends reinstatement of funding for the
Employee Service Awards program. The funding for this program was eliminated during
the FY 2004/05 budgetary process, yet this remains a popular program among City
employees as well as City Councilmembers wishing to recognize long-term City staff for
their valuable contributions to the City.
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AUGUST 24, 2004
3. CONSENT CALENDAR (Continued)
Discussion
Councilmember Ambriz raised his concerns with spending this money when the budget
process has been so tight in recent years, citing various items that have been put on hold.
He also asked how the vendor for the reward items is selected and asked about sick and
retirement payouts to retiring employees.
John Sibley, Assistant City Manager, responded that the City has approximately 160
eligible employees who can be rewarded and this is one way the city can show its
appreciation. He stated that the retirement payouts are a budgeted item, so those dollars
are allocated in advance.
Personnel Director, Stephen Pham responded that the vendor was selected through the
usual bidding process required by law. He also added that the money being requested
was to cover administrative costs as well, and that this program was voted as the most
popular among city employees. He added that Orange spends the least dollars compared
to other cities for this type of program.
Councilmember Alvarez agreed this was an inappropriate expenditure during a tight
budget year; pointing out that the City already provides other incentives for employees
such as the Health Fair and Employee Appreciation Lunch; and that this amount of
money could be used to hire an additional employee.
Mayor Murphy stated the City should recognize the importance of maintaining a quality
workforce especially when employees are asked to do more with less, pointing out these
awards are for employees who have been with the City for many years. A simple
recognition program provides a return on its investment and it appears that the budget can
now maintain this expenditure.
Councilmember Coontz noted that employees need to be appreciated and honored and
this is a small amount of money in the entire budget. She suggested other giveaway
items, such as pens, mugs and tee shirts could be eliminated in the budget.
Mayor pro tern Cavecche suggested this item be continued for more information on this
program as well as information on employee surveys and other programs the City
provides.
Councilmember Ambriz pointed out that other services have been cut even though they
were just a small amount of money; and pointed out the need to be consistent if there
really is no money in the budget for programs.
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AUGUST 24, 2004
3. CONSENT CALENDAR (Continued)
MOTION: Cavecche
SECOND: Mayor Murphy
AYES: Mayor Murphy, Coontz, Cavecche
NOES: Ambriz, Alvarez
Moved to continue this item for further information on the questions that have been
raised.
BIDS
3.11 Bid No. 045-11, Civic Center Emergency Generator Replacement; SP-3499.
Approval of plans and specifications and anthorization to advertise for bids.
(C2500.M)
SUMMARY: Plans and specifications have been completed for the site location,
installation and seismic anchoring of a new emergency generator at Civic Center. The
plans have been reviewed and approved by the Fire Department and the Community
Development Department. The project is ready to be advertised for bids. The project is
estimated at $100,000.
ACTION: Approved plans and specifications and authorized advertisement for bids for a
new emergency generator at Civic Center.
FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program and are
available in the following account:
120-5028-481301-9828 (Civic Center Emergency Generator) $127,500
CLAIMS (C3200.0)
3.12 SUMMARY: The following claim(s) have been received and investigated by the City
Attorney's Office and/or the Risk Manager. After a thorough investigation with the
involved departments, it is the recommendation of the City Attorney's Office that the
claim( s) be denied.
a. Leo Craft
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
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AUGUST 24, 2004
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.13 Award of Contract - Bid No. 045-03, Annual Street Maintenance Asphalt Concrete
OverlaylReconstruction at Various Locations, Fiscal Year 2004-05; SP-3492.
(A2100.0 Agr-1784.B)
SUMMARY: The bids were opened on July 29,2004. Six (6) bidders responded to the
invitation for bids. The apparent low bidder is All American Asphalt for $1,369,798.00.
The Engineer's Estimate is $1,449,000, which is 5.5% higher than the low bid.
ACTION: 1) Awarded the contract in the amount of $1,369,798.00 to All American
Asphalt, P.O. Box 2229, Corona, CA 92878, and authorized the Mayor and City Clerk to
execute on behalf of the City. 2) Appropriated $100,000 from Fund 262 (Traffic
Improvement - Measure M) to 262-5021-483300-3120 (Local Street Maintenance).
FISCAL IMP ACT: Funds will be available in Operating Budget and Capital
Improvement Project in the following accounts upon appropriation:
262-5021-483300-3120
500-5021-481105-4997
Total:
$1,270,000
$ 100.000
$1,370,000
Local Street Maintenance
Municipal Parking Lot Maintenance
3.14 Award of Contract - Bid No. 045-04, Slurry Seal at Various Locations, Fiscal Year
2004-05; SP-3481. (A2100.0 Agr 4534)
SUMMARY: The bids were opened on July 29,2004. Four (4) bidders responded to the
invitation for bids. The apparent low bidder is American Asphalt South, Inc., for
$620,577.00. The Engineer's Estimate is $550,000, which is 12.8% lower than the low
bid.
ACTION: Awarded the contract in the amount of $620,577.00 to American Asphalt
South, Inc., 14436 Santa Ana Ave., Fontana, CA 92337, and authorized the Mayor and
City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Funds are available in Operating Budget and Capital Improvement
Project in the following account:
262-5021-483300-3120
$652,000.00
Local Street Maintenance
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AUGUST 24, 2004
3. CONSENT CALENDAR (Continued)
3.15 Contract Change Order No.1 and Final and Appropriation Transfer: Project No.
SP-3430, Chapman Avenue AHRP (Arterial Highway Rehabilitation Program)
Project from Loretta Street to Hewes Street. (A2100.0 Agr-4377)
SUMMARY: This Contract Change Order authorizes payment for extra work at agreed
unit prices. The total contract cost for this extra work is $89,785.46. The total contract
cost including extra work is $1,196,418.46.
ACTION: 1) Approved Contract Change Order No.1 in the amount of $89,785.46 to
R.I. Noble Company for extra work. 2) Approved appropriation transfer from 262-5032-
483100-6302 Traffic Operations (Traffic Control Devices) $40,061.66 to 262-5011-
483300-3211 Chapman Avenue AHRP Project.
FISCAL IMP ACT: Upon recommended action, funds will be available in the following
accounts:
262-5011-483300-3211
550-5011-483300-3211
272-5011-483300-3211
Total
$40,061.66
$24,861.90
$24,861.90
$89,785.46
Traffic Operations (Traffic Control Devices)
Reimbursable Capital Projects
Gas Tax
3.16 Final Acceptance of Bid No. 034-33; SP-3466; Removal of Existing Emergency
Generator and Furnishing and Installing a New Emergency Generator at the Fire
Headquarters Building Located at 176 South Grand Street and authorization to file
Notice of Completion with the County Recorder (No staffreport required).
SUMMARY: Bid No. 034-33; SP-3466; Removal of Existing Emergency Generator and
Furnishing and Installing a New Emergency Generator at the Fire Headquarters Building
Located at 176 South Grand Street. Contractor: Western Power Industrial Electric, Inc.
Staff recommends acceptance of improvements.
ACTION: Accepted public work improvements, authorized release of The Explorer
Insurance Company of California, Bond No. 2123931 in the amount of $62,000.00, and
authorized the Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMP ACT: None.
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AUGUST 24, 2004
3. CONSENT CALENDAR (Continued)
3.17 Final Acceptance of Bid No. 034-23 - Well 18 Rehabilitation and authorization to
file Notice of Completion with the County Recorder (No staff report required).
SUMMARY: Bid No. 034-23 - Well 18 Rehabilitation. Contractor: General Pump
Company. Staff recommends acceptance of improvements.
ACTION: Accepted public work improvements, authorized release of Travelers Casualty
and Surety company of America, Bond No. 104199912, in the amount of $30,250.00, and
authorized the Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMP ACT: None
RESOLUTIONS
(REMOVED AND HEARD SEPARATELY)
3.18 RESOLUTION NO. 9902 (S4000.S.4)
A Resolution of the City Council of the City of Orange stating its intent to vacate a
portion of that public street commonly known as University Drive generally located east
of and adjacent to Glassell Street, setting a public hearing thereon, and directing notice
thereof to be posted and published.
Discussion
Mayor pro tem Cavecche commented on the arch being built at Chapman University and
asked that the Council receive more information on the status of projects at the school.
Alice Angus, Community Development Director, gave a quick update on the arch project,
stating that Chapman University has been through the review process and the project is in
compliance with their Specific Plan. The University has been given a temporary
encroachment permit due to the footings of the arch resting on the area that has not been
vacated yet. She stated that the Council will receive the current arch plans.
Councilmember Coontz asked why the City was not being paid for the land that was
being vacated.
Roger Hohnbaurn, Assistant City Engineer, responded that the City does hold property in
fee and if sold, can be compensated for it. However, this portion of a public street being
vacated is owned by the University. The City has been granted an easement for public
traffic. It has been determined that the roadway is no longer needed and the proper
disposal of it is to abandon it.
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AUGUST 24, 2004
3. CONSENT CALENDAR (Continued)
MOTION:
SECOND:
AYES:
Cavecche
Ambriz
Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approved.
3.19 RESOLUTION NO. 9903 (S4000.S.4)
A Resolution of the City Council of the City of Orange temporarily closing Shaffer Street
from Chapman Avenue to Almond Avenue from 4:00 P.M. to 9:30 P.M., Friday,
November 5, 2004, and 11:00 A.M. to 9:30 P.M. on Saturday, November 6, 2004, for a
special event at St. John's Lutheran Church.
ACTION: Approved.
(REMOVED AND HEARD SEPARATELY)
3.20 RESOLUTION NO. 9904 (C3300.0 CUP-2439-03)
A Resolution of the City Council of the City of Orange approving Conditional Use
Permit 2493-04 to allow Off-Premise Sale of Beer and Wine for an existing Gas
StationlMini-Mart located at 4105 West Chapman Avenue and making a finding of
public convenience or necessity.
Applicant: Enayat Fazeli
Discussion
Mayor pro tem Cavecche pointed out that at the public hearing, the conditional use
permit (CUP) was approved as a temporary permit with a review in 12 months. Since the
resolution did not specifY this as a temporary permit, she requested that the City Attorney
advise what the revocation hearings would entail if the city needed to address problems.
David DeBerry, City Attorney, stated that a CUP runs with the land. However, language
is included in the permit that states that the applicant is not to spend any money or make
any improvements relying upon the CUP being granted permanently. He indicated that a
public hearing would have to be held for a revocation by the Planning Commission or the
City Council and the city would have the burden of proving that the applicant was in
violation ofthe CUP and find that the violations warrant just cause to revoke the permit.
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CITY COUNCIL MINUTES
AUGUST 24, 2004
3. CONSENT CALENDAR (Continued)
Councilmember Alvarez expressed his continued support for this project as a good
addition and upgrade for West Orange.
Councilmember Coontz expressed her support for this business in West Orange,
suggesting there still needs to be more communication between Orange, Anaheim and
Garden Grove Police Departments.
MOTION:
SECOND:
AYES:
NOES:
Alvarez
Ambriz
Ambriz, Alvarez, Coontz
Murphy, Cavecche
ACTION: Approved.
3.21 RESOLUTION NO. 9905 C2500.K)
A Resolution of the City Council of the City of Orange expressing appreciation to Chief
Andy Romero of the Police Department and commending him for six years of loyal and
dedicated service.
ACTION: Approved.
Off Al!enda Item
RESOLUTION NO. 9910 (C2500.K)
A Resolution of the City Council of the City of Orange expressing appreciation to
Detective John Warde of the Orange Police Department and commending him for more
than 15 years ofloyal and dedicated service.
MOTION - Alvarez
SECOND - Cavecche
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to find that the matter of Resolution No. 9910 arose after the posting of the
Agenda and there is a need to take immediate action.
MOTION - Coontz
SECOND - Cavecche
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to approve Resolution No. 9910.
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AUGUST 24, 2004
3. CONSENT CALENDAR (Continued)
MOTION - Alvarez
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Items 3.3, 3.9, 3.10, 3.18 and 3.20 were removed and heard separately. Councilmember
Coontz abstained on Item 3.3. Mayor Murphy abstained on Item 3.9. All other items on
the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
********
4. REPORTS FROM MAYOR MURPHY - None.
5. REPORTS FROM COUNCILMEMBERS
5.1 Councilmember Coontz - Request that staff initiate an ordinance amendment
requiring residents to screen their trash containers from view. (A2500.0)
Discussion
Councilmember Coontz stated that she has received requests from the community to require that
trash cans be hidden from view. Currently commercial, industrial and mobile home parks are
required to maintain their trash cans in enclosures, but there is no requirement for the residential
areas. She requested this item be concluded prior to her leaving office.
The Mayor stated that this would require a change to the existing ordinance, involving
advertising and public hearings.
Mayor pro tem Cavecche requested information on what other cities are doing to address this.
Off Agenda Item
Councilmember Ambriz asked staff to look into the issue of Waste Management picking up
bulky items from residences versus Orange residents being able to drop off those items at the
Waste Management facility without a fee.
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6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
7. ADMINISTRATIVE REPORTS
7.1 Report from City Attorney on West Chapman Avenue Right-of-Way Acquisition
Settlement for U1tramar Gas Station, 2245 W. Chapman Avenue. (C2500.M.16)
SUMMARY: The City of Orange has agreed to settle litigation between the City and Ultramar,
Inc. for approximately $380,000, arising out of the City's condemnation of property for the West
Chapman widening at 2245 W. Chapman Avenue. Funds must be appropriated from other City
accounts to pay the settlement amount.
Discussion
David DeBerry, City Attorney, stated that this is a settlement agreement reached at the Ultramar
owners insistence that if the city took this portion of land, it would cause the demise of their
business. He added that the mediation process was unsuccessful which led to two years of
litigation and both sides spending a considerable amount of money. This agreement is a
compromise to avoid a court case which, if the city lost, could award Ultramar, Inc. up to $1.2
million plus attorney fees which could be several hundred thousand dollars.
For the record, Councilmember Alvarez stated that he would not support this item. The City
appraised this property at $56,349.00 and this is basically talking about widening West Chapman
and taking some of the sidewalk. Now the City is looking to pay in excess of $400,000 for the
City sidewalk. He suggested the City received poor advice from the legal firm that the City
hired. He thought the City should have condenrned the property and taken it, because it was
clear to him that Ultramar, an ugly little gas station on West Chapman, saw an opportunity to
rob the public. He thought Ultramar was the last property owner to be approached by the City,
and Ultramar thought they could make some money on the City. Councilmember Alvarez stated
the City should have taken UJtramar to court. He thought the appraisals were fair and the
appraisals that were accepted by the dozens of other property owners up and down Chapman
were fair and people accepted it. But, Ultramar, a dirty little gas station on West Chapman,
decided that they were going to pillage the City coffers. Now the City is looking at paying over
$400,000 of tax money for a piece of property that is really only worth about $56,000. So, he
was not going to be supporting it for those reasons.
Councilmember Coontz stated that this is the best way, from a monetary standpoint, to get the
City out from under this.
Councilmember Ambriz added that the City could stick to the $56,000 price, but if the City is
taken to court over this it could cost the City a lot more.
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Mayor Murphy stated that after the mediation, the two sides were half a million dollars apart. It
would be a risk to take a chance to go to court and lose and pay up to $1. 7 million in costs,
especially since a great deal of the money would be going for legal fees.
MOTION-
SECOND -
AYES
NOES:
Mayor Murphy
Coontz
Ambriz, Mayor Murphy, Coontz, Cavecche
Alvarez
ACTION: Appropriated $410,000 from Fund 284 to 284-5011-483300-4038; and approved the
proposed Judgment in Condemnation.
FISCAL IMP ACT: Funds will be available in the following Capital Improvement Project
account upon appropriation:
284-5011-483300-4038 $410,000 TSIP-B - West Orange
8. REPORTS FROM CITY MANAGER - None.
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 18-04 (FIRST READING) (A2500.0 ORD-18-04 Water)
An Ordinance of the City Council of the City of Orange Amending Chapter 7.01 of Title 7 of
the Orange Municipal Code Pertaining to Water Quality and Storm Water Discharges.
MOTION -
SECOND-
AYES
Mayor Murphy
Ambriz
Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Discussion
Mayor pro tem Cavecche asked for clarification on the allowable water discharges, according to
the report, in order to fight fires, as she had heard that the Fire Department was required to put
up barriers for water discharge while fighting fires.
Vince Bonacker, Fire Chief, indicated that at a routine, non-combustible fire, it would not be the
Fire Department's number one priority to contain the runoff. However, at a hazardous materials
fire, or if bodily fluids were involved in a spill, the Department does make every effort to try to
contain the water runoff into storm drains; and when possible, the Department of Public Works
will assist the Fire Department in damming up the water.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
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AUGUST 24, 2004
11. RECESS TO CLOSED SESSION
Note: The City Council did not recess.
The City Council will recess to a Closed Session for the following purposes:
a. 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.
12. ADJOURNMENT
The City Council adjourned at 6:30 p.m.
The next regular Council meeting is scheduled for September 14,2004.
E
. MURPHY
CLERK
/fl1!~A~
MAYOR
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