7/13/2004 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE COUNCIL ON JULY 27,2004
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING July 13, 2004
The City Council of the City of Orange, California convened on July 13, 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 Harry Thomas, Public Works Director
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Joanne Coontz
1.3 ROLL CALL
PRESENT -
ABSENT -
Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
None
1.4 PRESENTATlONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Item 3.6 was removed from the Consent Calendar and heard at this time.
MOTION - Murphy
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to approve agreement with R.J. Noble Company for accepting a donation valued
at $100,000 in the form of demolition and paving work for the Main Library Expansion
Project; and authorized the Mayor and City Clerk to execute on behalf of the City.
Councilmember Ambriz asked that language be added to the agreement indicating that
the Young Adult Room at the new expanded Main Library was to be named the RJ.
Noble Young Adult Room.
Presentation given of the Mayor's Award to Mike Carver, President & Owner, RJ. Noble
Company, for a major donation to the City of Orange Public Library Foundation to name
the RJ. Noble Young Adult Room in the expanded Main Library & History Center.
Doug Willits, Library Foundation President, also presented a plaque to Mr. Carver on
behalf of the Library Foundation.
Recognition given to the State Championship team of students from Nohl Canyon
Elementary School who participated in DestiNation Imagination, an international student
organization that focuses on teaching life skills and expanding the imagination through
team-based creative problem solving.
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CITY COUNCIL MINUTES
July 13, 2004
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, Mary E. Murphy, declaring posting of City Council
agenda of a regular meeting of July 13, 2004 at Orange Civic Center North facing
kiosk, Police facility at 1107 North Batavia, Shaffer Park; all ofsaid 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 posted at the Orange
Civic Center, City Clerk's Office and Main 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 June 17, 24 and July 1, 2004.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Regular Meeting, June 22, 2004 and
Adjourned Regular Meeting, June 22, 2004.
Note: Councilmember Coontz abstained on this item.
ACTION:
Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
AGREEMENTS
3.5 Sewer Agreement with the City of Anaheim - request by The Orange Unified School
District to connect Anaheim Hills Elementary School to the City of Orange sewer
system.
SUMMARY: The Orange Unified School District has requested that the City of Orange
enter into a sewer agreement with the City of Anaheim to allow the Anaheim Hills
Elementary School to connect to the City of Orange sewer system.
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CITY COUNCIL MINUTES
July 13, 2004
3. CONSENT CALENDAR (Continued)
ACTION: Approved the sewer agreement between the City of Orange and the City of
Anaheim and authorized the Mayor and the City Clerk to execute this Sewer Service
Agreement on behalf of the City.
FISCAL IMPACT: None. All connection and use fees will be paid by the developer.
(REMOVED AND HEARD SEPARATELY)
3.6 Project S.P. 3436 - Approve Contract Agreement with R.J. Noble Company for
accepting a $100,000 donation in site improvements for the Main Library
Expansion Project.
SUMMARY: This agreement authorizes R.J. Noble Company to demolish the Edwards
House foundation, fill in and cap the hole left by the building's relocation, and construct
site improvements to the Main Library expansion consisting of paving and striping all the
parking lots as a donation to the City towards the project. The donation is valued at
$100,000.
NOTE: See Presentations, Item 1.4.
ACTION: Approved agreement with R.J. Noble Company for accepting a donation
valued at $100,000 in the form of demolition and paving work for the Main Library
Expansion Project; and authorized the Mayor and City Clerk to execute on behalf of the
City.
FISCAL IMPACT: This donation is technically being made to the City for reasons of
contractor liability and accountability. However, it is considered part of the $4 million
being raised by the City of Orange Public Library Foundation toward the library
expansion project, and as such will save the City itself $100,000.
3.7 First Amendment to Financial Assistance Agreement No. D03-036 with the County
of Orange relating to a $1,000,000 grant for the construction of a sports
center/gymnasium at Grijalva Park at Santiago Creek.
SUMMARY: The City and County entered into an agreement in 2003 which provided
for the allocation of $1 million from the County to the City (the "Original Agreement")
for the construction of a sports center/gymnasium at Grijalva Park from funds generated
by the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond
Act of 2000 (hereafter, the "State Park Bond Act"). The County, pursuant to a State
request, has sought an amendment to the Original Agreement that would change the
funding source from the State Park Bond Act to the California Clean Water, Clean Air,
Safe Neighborhood Parks and Coastal Protection Act of 2002 (hereafter, the "2002
Resources Bond Act"). Other than a change in the funding source, the Original
Agreement remains in place and there is no impact to the City's project.
ACTION: Approved First Amendment to Financial Assistance Agreement No. D03-
036; and authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: None
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July 13, 2004
3. CONSENT CALENDAR (Continued)
3.8 Agreement with Maximus, Inc to continue preparing and filing claims for
reimbursable state mandated costs (SB-90 Claims)
SUMMARY: This is a request that the City Council authorize a five year option
agreement with Maximus to prepare and file claims for reimbursable state mandated
costs.
ACTION: Approved the Agreement to provide professional consulting services in the
amount of $12,400 for FY 04-05, $12,400 for FY 05-06, $12,900 for FY 06-07, $13,500
for FY 07-08 and $14,100 for FY 08-09; and appropriated $12,400 in Account 100-
1231-426700 (Other Professional Services) to cover the costs for FY 04-05.
FISCAL IMPACT: Normally, the costs for this service have been deducted from the
reimbursements (revenues) received from the State. However, since the state is not
currently paying the reimbursements, there are no revenues to offset the costs. An
appropriation needs to be established until such time as the state resumes paying the
amounts owed to the City.
APPROPRIATIONS
3.9 Appropriation of funds for Command Officer's Response to Terrorism course.
SUMMARY: The Fire Department is requesting funding for mandatory command
officer terrorism training. These funds will be used to pay salary costs to send each Chief
Officer and Captain to a mandatory 16 hour Command Officer's Response to Terrorism
course. These funds will also pay for two Orange Fire Department employees to teach
approximately ten sessions.
ACTION: Appropriated $44,600 to 100-3021-410000-2402 (salaries and benefits -
terrorism course) in the FY 04-05 budget; and amended the revenue budget in account
number 100-3021-261500-2402 (federal grant revenue - terrorism course) in the FY 04-
05 budget.
FISCAL IMP ACT: The entire $44,600 will be funded from a pass through FEMA grant
which is being administered by the Orange County Fire Authority.
3.10 Ballfield Improvements at EI Modena Park
SUMMARY: The Community Services Department will be installing a new grass infield
and field improvements to the outfield of the baseball field at El Modena Park. The
proposed work will not exceed $30,000 and a fund transfer in the amount of $30,000
from the Cingular Lease Revenue to the El Modena Fund is requested.
ACTION: Approved ballfield improvements to El Modena Park; and appropriated funds
in the amount of $30,000 from fund 550-7021-293800-0080 (Cingular Lease Revenue for
El Modena Park) to fund 550-7021-481105-0080 (El Modena Park).
FISCAL IMP ACT: After the appropriation, sufficient funds exist in the following
account: 550-7021-481105-0080 (El Modena Park): $30,000
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CITY COUNCIL MINUTES
July 13, 2004
3. CONSENT CALENDAR (Continued)
BIDS
3.11 Bid No. 045-01, Main Street & Chapman Avenue Traffic Signal Interconnect -
Approval of plans and specifications and request permission to advertise for bids.
SUMMARY: This project provides an interconnect communications link for the traffic
signals on Main Street from Chapman Avenue to Katella Avenue, and on Chapman
Avenue from Main Street to City Hall. This project also provides opportunities for video
monitoring of intersections and communications links between City Hall and the Traffic
Management Center at the Corporation Yard. The engineer's estimate for this project is
$551,900.00.
ACTION: Approved plans and specifications and authorized advertising for the Main
Street and Chapman Avenue Traffic Signal Interconnect project.
FISCAL IMPACT: A funding total of $357,138.00 for this project is available in the
following accounts:
284-5032-483100-6463
550-5032-483100-6463
550-5032-483100-6463
(Main/Chapman Signal Interconnect)
(Measure M - GMA Area 3)
(Reimbursable from OCT A
SIP Component of Measure M)
$ 7,138.00
150,000.00
200.000.00
$357,138.00
3.12 Bid No. 045-03; SP-3492 Annual Street Maintenance Asphalt Concrete
Overlay/Reconstruction at Various Locations, Fiscal Year 2004-05. Approval of
Plans and Specifications and authorization to advertise for bids.
SUMMARY: Plans and specifications have been completed for the rehabilitation of
miscellaneous city streets under the Street Maintenance Program. The project is ready to
be advertised.
ACTION: Approved plans and specifications and authorized advertising for bids for the
Annual Street Maintenance Asphalt Concrete Overlay/Reconstruction Contract at
Various Locations, FY 2004-05.
FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program and are
available in the following accounts:
262-5021-483300-3120 $1,100,000
500-5021-481105-4997 $ 100.000
Total: $1,200,000
Local Street Maintenance
Municipal Parking Lot Maintenance
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3. CONSENT CALENDAR (Continued)
3.13 Bid No. 045-04; Project No. SP-3481; Slurry Seal at Various Locations, Fiscal Year
2004-05. Approval of plans and specifications, and request for authorization to
advertise for bids.
SUMMARY: Plans and specifications have been completed for the annual street
maintenance slurry seal at various residential streets. The proj ect is ready to be
advertised for bids. The estimated construction cost is $650,000.
ACTION: Approved plans and specifications and authorized advertising bids for the
Slurry Seal at Various Locations, Fiscal Year 2004-05.
FISCAL IMPACT: Funds are budgeted in the Capital Improvement Program and are
available in the following account:
262-5021-483300-3120 $700,000 Local Street Maintenance
3.14 Award of bid for Bid No. 034-45, Hart Park Restroom ADA Renovation
SUMMARY: The bids were opened on June 10, 2004 and three (3) formal bids were
received for this project. The apparent low bidder is Norm Wilson & Sons, Inc. in the
amount of$57,775.
ACTION: Approved the Award of Bid No. 034-45, Hart Park Restroom ADA
Renovation, to Norm Wilson & Sons, Inc., 8125 Somerset Blvd., Paramount, CA in the
amount of $57,775; and, authorized the Mayor and City Clerk to execute the contract on
behalf of the City.
FISCAL IMP ACT: Funds exist in the following account:
310-9645-481200-0027 (CDBG Hart Park) $75,140
3.15 CLAIMS
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. California Auto Insurance subrogee of Kristin Hayman
b. Daniel Castaneda
c. Doris Romero
d. Ernesto Tovalino
e. Robin Vann
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster
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July 13, 2004
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.16 Award and Renewal of Contract - SP 3491 Annual Service Contract for Concrete
Replacement at Various Locations, FY 2004-05.
SUMMARY: This project is part of the annual street maintenance activities for curb and
gutter, cross gutter, driveway approach, and sidewalk replacement at various locations
Citywide.
ACTION: Awarded a contract in the amount of $200,000.00 to International Pavement
Solutions, P.O. Box 10458, San Bernardino, CA 92423, and authorized the Mayor and
the City Clerk to execute on behalf of the City.
FISCAL IMPACT: Funds are budgeted and are available in the Operating Budget in the
following account: 262-5021-427100 (Measure M) $250,000.00
3.17 Final Acceptance of Bid No. 023-40; SP-3097; Chapman Avenue Widening from
Bitterbush Street to Main Street and authorization to file Notice of Completion with
the County Recorder (No staff report reuuired).
SUMMARY: Bid No. 023-40 - Chapman Avenue Widening from Bitterbush Street to
Main Street. Contractor: R.I. Noble Company. Staff recommends acceptance of
improvements.
ACTION: Accepted public work improvement, authorize release of Travelers Casualty
and Surety Company of America, Bond No. 83 SB 104078562, in the amount of
$2,418,676.50 and authorized the Mayor and City Clerk to execute the Notice of
Completion.
FISCAL IMP ACT: None.
FEE WAIVER
(REMOVED AND HEARD SEPARATELY)
3.18 Fee Waiver Request for Senior Citizen's Center
SUMMARY: The Orange International Street Fair (O.LS.F.) Committee submitted a
facility use permit for the Senior Citizens Center for its annual kick-off dinner on
Wednesday, September 1, 2004, from 3:30 p.m. to 8:30 p.m. The committee is
requesting a fee waiver in the amount of $777.50 for use of the facility, along with the
$600 deposit fee.
Discussion
Councilmember Coontz asked for a report back on the costs, expenses, donations and
reimbursements from the City to the Street Fair Committee.
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CITY COUNCIL MINUTES
July 13, 2004
3. CONSENT CALENDAR (Continued)
Councilmember Ambriz suggested the City look into sponsorship opportunities since the
City makes in-kind contributions to the Street Fair Committee, such as this fee waiver.
City Manager Dave Rudat reported he would provide a report back to the Council.
MOTION - Murphy
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approved fee waiver in the amount of $777.50 for use of Senior Citizens
Center, and the $600 deposit fee, for the Orange International Street Fair Committee.
FISCAL IMP ACT: The waiver of the rental fees for the Senior Citizens Center would
result in the loss of$777.50 in revenue.
RESOLUTIONS
3.19 RESOLUTION NO. 9845
A Resolution of the City Council of the City of Orange Establishing a Letter of
Understanding Between the City of Orange and the City of Orange Police Association
effective March 1, 2004 through February 28,2005.
ACTION: Approved.
3.20 RESOLUTION NO. 9846
A Resolution of the City Council of the City of Orange Establishing a Letter of
Understanding Between the City of Orange and the City of Orange Police Management
Association effective March 1,2004 through February 28,2005.
ACTION: Approved.
3.21 RESOLUTION NO. 9891
A Resolution of the City Council of the City of Orange expressing appreciation to Steven
P. Smith of the Public Works Department Water Division and commending him for more
than thirty years of loyal and dedicated service.
ACTION: Approved.
3.22 RESOLUTION NO. 9892
A Resolution of the City Council of the City of Orange expressing appreciation to Arthur
Romo of the Police Department and commending him for thirty two years of loyal and
dedicated service.
ACTION: Approved.
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CITY COUNCIL MINUTES
July 13,2004
3. CONSENT CALENDAR (Continued)
Items 3.6 and 3.18 were removed and heard separately. Councilmember Coontz
abstained on Item 3.3. All other items on the Consent Calendar were approved as
recommended.
MOTION - Murphy
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
END OF CONSENT CALENDAR
********
4. REPORTS FROM MAYOR MURPHY
4.1 Request that staff forward a suggestion for the renaming of Depot Park to the Park
Planning and Development Commission for their review and recommendations back to the
City Council.
Mayor Murphy asked Mr. John Whiteriver to speak on the issue ofrenaming Depot Park.
Mr. John Whiteriver, 194 S. Pixley Street, submitted a letter requesting a proposed name change
from Depot Park to Veterans Memorial Park, as a joint venture between City and American
Legion Post 132.
Mr. Raymond A. Goss, 45 S. Lilac Lane, spoke in favor of the name change from Depot Park to
Veterans Memorial Park.
Mayor Murphy suggested this matter be referred to the Park Planning and Development
Commission and returned to the City Council possibly within 60 days.
Councilmember Coontz suggested the Council hear the matter on the name change and not have
it go through the Park Commission, so as to expedite the matter. She also suggested a new sign
design would have to be considered.
The Council discussed the deteriorating condition of the memorial due to damage from
skateboarders and from the sun and water. The Council also discussed the need to move
quickly on this matter, and especially to have it completed by the Veterans Day Memorial event
in November; and that there needs to be research done on the historical significance of the park.
Mr. Gary Wann, Community Services Director, reported the Depot Park was under the purview
of the Park Commission, but the Commission members would understand if the Council wanted
to expedite the matter and consider it directly. He agreed the memorial is in need of repair and
improvements.
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CITY COUNCIL MINUTES
July 13, 2004
4. REPORTS FROM MAYOR MURPHY (Continued)
Mayor Murphy, with concurrence from the Council, directed staff to bring a report back to
Council, as soon as possible, on the implications of a name change for Depot Park; and an
assessment of what immediate action can be taken to reduce any further damage to the memorial
and ways to restore some of the areas that are already damaged.
The City Manager indicated a report will be brought back hopefully by the next Council meeting,
but no later than the first meeting in August
Mayor Murphy asked Mr. Wann to relay to the Park Commission that having the Council deal
with this directly is not intended as a slight, just a matter of timing.
5. REPORTS FROM COUNCIL MEMBERS
Off Agenda item
Councilmember Coontz read the following statement:
"After a great deal of thought I have decided not to place my name on the ballot as a candidate in
our City November Election.
This was a difficult decision, because my most rewarding service to our community has been as
a City Councilwoman and Mayor. Those of you that know me know that I love campaigning
and was truly looking forward to another successful reelection. Every issue in city government
should be met with energetic leadership and problem solving. Although I was mostly successful
in meeting the challenges, I recognize that we are now facing a repetition of issues which need
good solutions. Traffic congestion, major new developments, pressure for city services, financial
support for parks and a new main library and a fair share from the state of our own cities tax
dollars.
Over 40 years ago, my husband Lee and I chose Orange as that special city in which to raise our
family. I spent my free time working to assure Orange would remain the city of our choice.
With community support I lead the way to a obtain a new elementary school, Orange's first
branch library, and action to protect our unique historical heritage. With these accomplishments
public service became my way of getting things done. As appointed Planning Commissioner,
first woman elected Councilmember and first elected mayor I help create significant solutions
towards our city's business, residential, transportation and economic issues. I am grateful that
with your help we have accomplished so much. I will entrust my opportunity and dedication to
make Orange a better place to a field of strong candidates who have the same commitment to the
community and will work to deserve a seat on the Orange City Council in November. I have
thoroughly enjoyed my experience and will continue to serve my community in ways that I will
soon explore. Of course, during the remainder of my term in office I will continue to diligently
represent the people of Orange. Thank you."
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None
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CITY COUNCIL MINUTES
July 13, 2004
7. ADMINISTRATIVE REPORTS
7.1 Report from the City Attorney on a Resolution extending a non-exclusive cable
franchise with Cox Communications.
SUMMARY: The franchise agreement between the City and Cox Communications is set to
expire on October 23, 2004. Staff and Cox Communications are requesting a one-year extension
to conduct the appropriate public review and negotiations.
Discussion
In response to Council questions, City Attorney David DeBerry, reported the geographical area
served by Cox Communications is Santiago Hills II. This request is to extend the cable franchise
for one year to allow a lengthy public review period for an extension of the contract. This
review process is headed by the Community Video Advisory Board and various constituents who
utilize Cox Communications, such as Santiago Canyon College, will be providing input. The
process could take up to a year and the ultimate term of the contract is typically 10 to 15 years.
No extension fee is being charged as the only fee the City is allowed to charge is a 5% franchise
fee and that is already being paid by Cox.
RESOLUTION NO. 9883
A Resolution of the City Council of the City of Orange extending a non-exclusive cable
franchise with Cox Com, Inc. dba Cox Communications Orange County.
MOTION - Murphy
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to approve Resolution No. 9883.
FISCAL IMP ACT: None. The City collects a 5% franchise fee on specified Cox
Communications services provided over the Cox cable system and that would not be affected by
the extension.
8. REPORTS FROM CITY MANAGER
8.1 Request to carryover certain Fiscal Year 2003-04 Appropriations to FY 2004-05.
SUMMARY: Carryover appropriations are necessary for projects that were budgeted in FY
2003-04 but not initiated during the fiscal year. Therefore, the funds for these projects must be
carried over into the next fiscal year of 2004-05 to facilitate completion of these projects and
workplans.
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CITY COUNCIL MINUTES
July 13, 2004
8. REPORTS FROM CITY MANAGER - (Continued)
MOTION - Murphy
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approved the carryover appropriations.
FISCAL IMPACT: Adequate funds have been appropriated and reserved in the Fiscal Year
2003-04 budget and are available to be carried over into the FY 2004-05 budget.
9. LEGAL AFFAIRS - None
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 5 :32 p.m. to a Closed Session for the following purposes:
a. Conference with Legal Counsel - Existing Litigation pursuant to Government Code
Section 54956.9(a):
I) City of Orange v. UltraMar, Inc. et aI., Orange County Superior Court Case No. 02CC03241
b. Public Employee Appointment pursuant to Government Code Section 54957
Title: Police Chief
c. Conference with Real Property Negotiator - Real property negotiations pursuant
to Government Code Section 54957.1:
Agency Negotiator: David De Berry
Property: La Veta Park, 3705 East La Veta
Negotiating Parties: City, Union Pacific Railroad, Sunnyslope Trees
Under Negotiation: Price and other terms of purchase
d. To consider and take possible action upon such other matters as are orally annoWlced by
the City Attorney, City Manager, or City COWlcil prior to such recess Wlless the motion to recess
indicates any of the matters will not be considered in Closed Session.
7:00 P.M. SESSION
12. PUBLIC COMMENTS
Leo Castro, 347 E. Barkley, Orange Barrio Historical Society - thanked Council for the use of
Hart Park facilities for their annual Heritage Picnic on June 25th.
Jon Dumitru, 469 S. Orange, on behalf of Orange Community Chorus - thanked Council for
their support for the Chorus and participation in the July 3rd celebration.
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CITY COUNCIL MINUTES
July 13,2004
13. PUBLIC HEARINGS
13.1 APPEAL NO. 496-04 - ENAYAT FAZELI, 4105 WEST CHAPMAN AVENUE.
The public hearing to consider an appeal of the Planning Commission's denial of Conditional
Use Permit No. 2439 to allow off-premise sale of beer and wine for an existing gas station/mini-
mart located at 4105 West Chapman Avenue; was continued to this time from June 22, 2004.
Reason for Appeal:
1. Consideration of crime statistics from City of Garden Grove
2. Consideration of police calls to subject site.
3. Consideration of security measures of proposed site.
4. Consideration of public convenience for beer and wine.
Discussion
Mr. Stan Soo Hoo, Assistant CommWlity Development Director, provided a brief report. He
clarified that Conditional Use Permits of this type should be heard by the City COWlcil and that
the decision of the Planning Commission should have been a recommendation only, not a final
decision that had to be appealed. However, as long as the applicant receives due process at the
City COWlcil level, this hearing will satisfy those requirements. He reviewed the petitions
received, both for and against, this application; and noted there are already 3 establishments that
sell beer and wine within % mile of this location.
Mayor pro tern Cavecche clarified that there were actually five liquor stores within % of a mile
and a sixth within one mile of this location.
COWlcil discussed the petitions received and how much weight they actually have given the
Wlcertainty of how the signatures were collected.
Councilmember Coontz expressed concern on the current crime problems in the area and what
can be done to take care of these problems.
Sgt. Tom Kisela, Orange Police Department, explained in detail the crime statistics from the
cities of Anaheim, Garden Grove and Orange for the area in question, noting that there are
definite crime problems in the surrounding areas. He expressed concern that businesses in this
area, who sell alcohol, have a large number of thefts, which creates a significant drain on police
resources. He noted the surrounding residential areas are mostly high density.
Councilmember Coontz asked about the nearby ABC Market, noting that this particular market
obtained their off-sale alcohol permit in 1977 and it did not require a Conditional Use Permit at
that time. She inquired whether the City could go back and do anything about that.
The City Attorney noted the ABC Market use has become a legal, non-conforming use.
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CITY COUNCIL MINUTES
July 13, 2004
13. PUBLIC HEARINGS (Continued)
Councilmember Alvarez spoke on the crime rate in the area and whether it was strictly due to the
sale of alcohol or mismanagement of the stores. He encouraged store owners to be more
proactive and create a reputation that their stores are not going to tolerate theft.
Mayor Murphy noted there seems to be two components to this application ~ the sale of alcohol
and the location of this business. Although it is a clean and professional operation, the issue
comes down to location for an alcohol permit.
Councilmember Ambriz asked about the age of the people who frequent the stores in the area, as
this is close to The Block which caters to a younger generation. The City encourages people to
come to The Block, and this gas station is probably the closest to that center. He spoke on the
responsibilities of store owners in general; and noted the security measures which have been
taken by this applicant and the fact that they seem to be following a higher level of management
practices.
MAYOR MURPHY OPENED THE PUBLIC HEARING
Mr. Michael Cho, representing the Applicant, distributed letters to Council outlining additional
conditions his client would agree to if approved. He pointed out the business owners also own
the property, have been in the city as a business owner for 20 years, and support the community.
They have installed additional security cameras, and have take extra precautions inside and out.
They have received a letter of support from the Crystal Cathedral in support of this application;
and their hope is that the extra steps they are taking with their store will put pressure on the
neighboring ABC Market to improve. The applicant is also suggesting a 12 month temporary
permit.
Doug Gustafson, Kaiser Permanente, 4201 W. Chapman, spoke in opposition to an alcohol
license for this gas station, as it is next door to their facility which is a Substance Abuse Program
Center, and their concern is that it would be too convenient for their patients to obtain alcohol.
There have been no problems in the past with this business as a gas station.
Robert Cook, 3807 Compton, spoke in favor of the alcohol permit, as this is a clean and safe
business and much better to shop in than the neighboring market.
Mr. Cho indicated that while they are sympathetic to the concerns of Kaiser Permanente, alcohol
is a legal product whether it's at this location or across the street. He asked if it was viable to
approve a temporary 12 month permit.
MAYOR MURPHY CLOSED THE PUBLIC HEARING
David DeBerry indicated he would have to research temporary permits and whether it would
withstand a legal challenge.
Councilmember Alvarez noted this is a problem area which has been created from many of the
existing stores; and suggested that what is best for the area may be a station/store of this quality
to help squeeze out the businesses that are doing poorly and, thus, clean up the area. This part of
PAGE 14
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CITY COUNCIL MINUTES
July 13, 2004
13. PUBLIC HEARINGS (Continued)
the City needs responsible businesses that are security conscience and that are willing to make an
investment in the area. He also suggested the City look at the Police statistics to see what can be
done to make that part of the city safer.
Mayor pro tem Cavecche complimented the applicant on their store. She stated she had
discounted all the petitions as they contain signatures from all over the County. She expressed
concern that even with good management, there can be problems, pointing out that even the
nearby Von's has to lock some of their doors at night due to alcohol theft. Her concern was
with the location of the store and she was not willing to take a risk with this part of town by
adding more alcohol to the area. She suggested that maybe it's a good store because they don't
have liquor, and also pointed out the difficulties in trying to control loitering.
Councilmember Coontz noted that this application has forced the issue of cleaning up crime in
the area, suggesting there needs to be more cooperation between the Police Departments in
Orange, Garden Grove and Anaheim in resolving the crime problems. She stated this applicant
should be given a chance to succeed and did not want to punish this one merchant because the
area has deteriorated, and suggested looking into a 12 month temporary permit.
Councilmember Ambriz commended the Police Department on their research. He pointed out
this applicant is doing their part to be a good business owner and they have volunteered very
impressive and responsible conditions. He noted the crime problems in this area and that
something needs to be done about it.
Mayor Murphy noted the pride of ownership that is obvious with this business. However, the
specific conditions of the neighborhood are of great concern. There is a need to preserve the
general welfare of the community and the crime statistics are a big part of that. He also noted
that the business made a judgment to originally invest in this area without an alcohol permit; and
although he commended the business owner for doing a great job, given the current
circumstances and the crime statistics, he could not support this alcohol permit.
MOTION - Alvarez
SECOND - Ambriz
AYES - Ambriz, Alvarez, Coontz
NOES - Murphy, Cavecche
Moved to approve a 12-month temporary permit to also include the 10 conditions of approval as
outlined in the applicant's letter dated January 13; and conditions imposed by Orange Municipal
Code.
Councilmember Coontz asked for a report back from the Police Department on ways to deal with
the crime in this area, working in conjunction with the cities of Garden Grove and Anaheim.
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CITY COUNCIL MINUTES
July 13, 2004
14. PLANNING AND ENVIRONMENT - None.
15. ADJOURNMENT
The City Council adjourned at 8:55 p.m.
The next Regular Council meeting is scheduled for July 27,2004.
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MURPHY /
CITVCLERK
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