11/28/2006 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE COUNCIL ON DECEMBER 12,2006
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING November 28, 2006
The City Council of the City of Orange, California convened on November 28,2006 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 Pastor Larry DiSimone, Calvary Chapel of the Canyons
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Mark Murphy
1.3 ROLL CALL
PRESENT -
ABSENT -
Smith, Murphy, Cavecche, Dumitru
None
1.4 PRESENT A nONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation of Employee Service Awards.
Councilmember Dumitru spoke on the merits of the Trauma Intervention Program
"Heroes with a Heart," a recent event he attended honoring safety personnel.
Mayor Murphy announced the annual Tree Lighting Ceremony at the Plaza on December 3,d
Mayor Murphy introduced Boy Scout Troop 543.
2. PUBLIC COMMENTS - None.
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November 28, 2006
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 Request Council Confirmation of warrant registers dated October 26, and
November 2, 2006.
ACTION:
Approved.
3.2 Request approval of City Council Minutes, Regular Meeting, November 14,2006.
(C2500.D.4)
ACTION:
Approved.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
3.4 Receive and file the City Treasurer's Report, period ending October 31,2006.
(C2500.F)
ACTION:
Approved.
AGREEMENTS
3.5 Cooperative Agreement between the City of Orange and the County of Orange for
pavement rehabilitation of Lincoln Avenue from Berkeley Street to Tustin Street.
(A2100.0 Agr-4972)
SUMMARY: The Cooperative Agreement between the City of Orange and the County
of Orange establishes the funding and respective responsibilities of each agency for the
rehabilitation of Lincoln Avenue.
ACTION: I) Appropriated $11,765.00 from Account No. 550-5011-264100-3059
(County Project Reimbursement) to Account No. 550-5011-483300-3059, (Lincoln
Avenue Rehabilitation); and 2) Approved the Cooperative Agreement and authorized the
Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: Upon appropriation, funds will be available in the following account:
550-5011-483300-3059 Lincoln Avenue Rehabilitation (County Contribution)
$11,765.00
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November 28, 2006
3. CONSENT CALENDAR (CONTINUED)
(REMOVED AND HEARD SEPARATELY)
3.6 Entertainment Services Agreement between the City of Orange and Ross Creations
for sound and lighting for 2006 Tree Lighting Ceremony and Candlelight Choir
Procession. (A2100.0 Agr-4792.A)
SUMMARY: Approve Entertainment Services Agreement between the City and Ross
Creations, in the amount not to exceed $14,880.50, for sound and lighting for 2006 Tree
Lighting Ceremony and Candlelight Choir Procession.
Discussion - Councilmember Dumitru expressed his concern with awarding the contract
so close to the event, indicating that in case of needed changes, more time would have
been necessary; and asked about the City having to pay for equipment that was not used.
Community Services Director, Marie Knight responded that staff is already working on
the 2007 Treats in the Streets, Tree Lighting Ceremony and the 3'd of July events all
being packaged as one RFP to be awarded at the beginning of the year that will address
this concern in the future. She added that the cost of equipment is broken down in the
RFP and the City would not pay for something that was not provided.
MOTION - Dumitru
SECOND - Cavecche
AYES - Smith, Murphy, Cavecche, Dumitru
ACTION: Approved the Entertainment Services Agreement between the City and Ross
Creations in an amount not to exceed $14,880.50 for sound and lighting for the Tree
Lighting Ceremony and Candlelight Choir Procession; and authorized the Mayor and
City Clerk to execute the agreement on behalf of the City.
FISCAL IMPACT: Sufficient funds exist in the following account:
100-7015-427800 Special Events/Other Professional Services
$14,880.50
(REMOVED AND HEARD SEPARATELY)
3.7 First Amendment to Consultant Services Agreement with Townsend Public Affairs,
Inc. for Lobbying and Grant Writing Services. (A2100.0 Agr-4748.1)
SUMMARY: In October 2005, the City of Orange entered into an agreement with
Townsend Public Affairs to provide state legislative lobbying services and to assist in
obtaining public and private funds for City infrastructure and operational needs. The
proposed First Amendment extends the Agreement for an additional two years.
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November 28, 2006
3. CONSENT CALENDAR (CONTINUED)
Discussion - Senior Assistant to the City Manager, Rick Otto responded to questions by
Councilmember Dumitru, indicating that the provision in the contract providing $5,000
for travel, is to pay for the lobbyist's travel to Orange when staff requested their presence
at the City; and that in response to Councilmember Dumitru's request, staff will provide
quarterly reports to the Council on the activities of the lobbyists in pursuit of grants,
identification of available funding, and status of projects.
Councilmember Smith expressed hope that funds were being pursued to establish the rail
safety zones in the City, as well as acquisition of land for parks and trails and their
maintenance.
Mayor pro tern Cavecche requested that in addition to quarterly reports, that Council be
informed when staff meets with Townsend and what opportunities are presented to staff.
MOTION - Dumitru
SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru
ACTION: Approved the First Amendment to the Consultant Services Agreement for
lobbying and grant writing services between the City of Orange and Townsend Public
Affairs, Inc. in an annual amount not to exceed $65,000; and authorized the Mayor and
City Clerk to execute the agreement on behalf of the City.
FISCAL IMPACT: Funds in the amount of $65,000 are available in the FY 2006-07
Budget in account number 100-0000-426700-0000 (Non-Departmental - Professional
and Consulting Services). Funds for the second year of the Agreement will need to be
appropriated as part of the adoption of the FY 2007-08 Budget.
3.8 Sewer Service Agreement, between the City of Orange, City of Anaheim and
Archstone-Smith Operating Trust, Developer of the Archstone Gateway Residential
Project. (A2100.0 Agr-4994)
SUMMARY: An agreement is a requirement to allow the City of Orange to provide
sewer service for the portion ofthis project that is in the City of Anaheim.
ACTION: Approved the Sewer Service Agreement; and authorized the Mayor and the
City Clerk to execute on behalf of the City.
FISCAL IMPACT: Approval of the agreement requires no funding obligation at this
time. Minimal operating and maintenance fiscal impact.
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November 28, 2006
3. CONSENT CALENDAR (CONTINUED)
BIDS
3.9 Bid No. 067-24; SP-3578; Annual Service Contract for Concrete Replacement at
various locations, Fiscal Year 2006-07. Approval of plans and specifications and
authorization to advertise for bids. (S4000.s.7)
SUMMARY: Plans and specifications have been completed for the Annual Service
Contract for Concrete Replacement at various locations, FY 2006-07 project. The project
is ready to be advertised for bids. The estimated construction cost is $340,000.
ACTION: Approved plans and specifications; and authorized advertising for bids for the
Annual Service Contract for Concrete Replacement at various locations, FY 2006-07
project.
FISCAL IMPACT: Funds are budgeted in the Capital Improvement Program and are
available in the following accounts:
262-5021-427100-0000 Measure M - Contractual Services
271-5021-483300-4703 Measure M Local Street Maintenance
262-5011-483300-3120 Measure M Turnback
$197,000.00
85,000.00
60.000.00
$342,000.00
Total
3.10 CLAIMS (C3200.0)
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. Russell Parr
b. Steve Pharis
c. Fernando Rivas
d. Isobe1 E. Uts1er
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.11 Award of Contract - Bid No. 067-01; SP-3539 Cambridge Street Rehabilitation
Arterial Highway Rehabilitation Program (AHRP) Projects - Cambridge Street
from the SR-22 Fwy. to LaVeta Avenue, Cambridge Street from Collins Avenue to
Adams Avenue. (A2100.0 Agr-4995)
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3. CONSENT CALENDAR (CONTINUED)
SUMMARY: The bids were opened on October 26,2006. Six bidders responded to the
invitation for bids. The apparent low bidder is Hardy & Harper, Inc. for $454,222.08.
The Engineer's Estimate is $470,857.
ACTION: I) Appropriated $99,000 from 272-22031 Deposit Account as follows:
$78,000 to 272-5011-483300-3043 Cambridge St. (SR-22 Fwy. to LaVeta Ave.)
$21,000 to 272-5011-483300-3044 Cambridge St. (Collins Ave. to Adams Ave.); and
2) Awarded a contract in the amount of $454,222.08 to Hardy & Harper, Inc., 1312 E.
Warner Avenue, Santa Ana, CA 92705, and authorized the Mayor and City Clerk to
execute on behalf of the City.
FISCAL IMPACT: After the appropriation, funds are budgeted and available in the
Capital Improvement Program in the following accounts:
272-5011-483300-3043 Cambridge St. (SR-22 to LaVeta)
550-5011-483300-3043 AHRP Cambridge St. (SR-22 to LaVeta)
272-5011-483300-3044 Cambridge St. (Collins to Adams)
550-5011-483300-3044 AHRP Cambridge St. (Collins to Adams)
Totals
$206,000.00
89,208.00
135,000.00
69.800.00
$500,008.00
3.12 Approve Contract Change Order No.1 and Final for Bid No. 056-42; Grijalva Park
Extension Landfill Cap Project SP-3558. (A2100.0 Agr-4903)
SUMMARY: This change order is necessary due to unforeseen conditions existing in the
on-site soil borrow area, and final contract quantities higher than the bid quantities
estimated. This change order will increase the total contract amount by $130,378.49.
ACTION: Approved Contract Change Order No. I in the amount of $130,378.49 for
Southern California Grading, Inc. of Irvine, California; and authorized the Mayor and
City Clerk to execute on behalf ofthe City.
FISCAL IMPACT: Funds are budgeted and available in the following account:
550-7021-481200-1606 Grijalva Park Gymnasium/Sports Center $1,943,874
3.13 Award of Contract - Bid No. 067-02; SP-3546 Glassell Street Rehabilitation Arterial
Highway Rehabilitation Program (AHRP) Project - Glassell Street from Katella
Avenue to Taft Avenue. (A2100.0 Agr-4996)
SUMMARY: The bids were opened on October 26, 2006. Five bidders responded to
the invitation for bids. The apparent low bidder is All American Asphalt, for
$571,571.00. The Engineer's Estimate is $651,212.
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CITY COUNCIL MINUTES
November 28, 2006
3. CONSENT CALENDAR (CONTINUED)
ACTION: I) Awarded a contract in the amount of $571,571 to All Arnerican Asphalt,
P.O. Box 2229, Corona, CA 92878-2229, and authorized the Mayor and City Clerk to
execute on behalf of the City; and 2) Appropriated $35,000 from Unreserved Fund 600
to 601-8041-484501-8400 Pipeline Renewal Projects.
FISCAL IMPACT: After the appropriation, funds are budgeted and available in the
Capital Improvement Program in the following accounts:
943-5011-483300-3054 Orange Redevelopment Glassell Street
from Katella Ave. to Taft Ave.
AHRP Glassell St. (Katella Ave. to Taft Ave.)
Pipeline Renewal Projects
$349,800.00
550-5011"483300-3054
601-8041-484501-8400
349,800.00
35.000.00
$734,600.00
Total
3.14 Award of Contract - Bid No. 067-11; SP-3562 Metropolitan Drive Reconstruction
project from Lewis Street to The Block At Orange Entrance. (A2100.0 Agr-4997)
SUMMARY: The bids were opened on November 2,2006. Three bidders responded to
the invitation for bids. The apparent low bidder is R.J. Noble Co., for $213,497.00. The
Engineer's Estimate is $257,420.
ACTION: Awarded a contract in the amount of $213,497.00 to R.J. Noble Co., Inc.,
15505 E. Lincoln Avenue, Orange, CA 92865, and authorized the Mayor and City Clerk
to execute on behalf of the City.
FISCAL IMPACT: Funds are budgeted and available in the Capital Improvement
Program in the following account:
272-5011-483300-3062 Metropolitan Drive Reconstruction $260,000.00
3.15 Award of Contract - Bid No. 067-16; Earlham Street Storm Drain Improvements
Project (D-154). (A2100.0 Agr-4998)
SUMMARY: Bids for Earlham Street Storm Drain Improvements project were received
and opened on November 2, 2006. Eight bidders responded to the notice inviting bids.
The apparent low bidder is GCI Construction, Inc. of Costa Mesa, CA for $142,650.00.
ACTION: Awarded the contract in the amount of $142,650.00 to GCI Construction, Inc.
and authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Funds are budgeted and available in the following account:
550-5011-483400-5342 County Contribution Earlham Storm Drain $200,000.00
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3. CONSENT CALENDAR (CONTINUED)
3.16 Final Acceptance of Bid No. 056-24; SP-3425; Chapman Avenue and Prospect Street
Intersection and authorization to file Notice of Completion with the County
Recorder (No staff report required). (A2100.0 Agr-4837)
SUMMARY: Bid No. 056-24; SP-3425; Chapman Avenue and Prospect Street
Intersection. Staff recommends acceptance of improvements. The contractor on said job
was Sequel Contractors, Inc.
ACTION: Accepted public work improvements; authorized release of Federal Insurance
Company of Indiana, Bond No. 8203-73-50 in the amount of $749,744.50, and
authorized the Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMPACT: None.
PURCHASES
3.17 Approve Amendment No.2 to Contract Agreement No. 4772 with Magnetic
Electric, Inc. (A2100.0 Agr-4772.2)
SUMMARY: Amendment No.2 increases the Scope of Work by Magnetic Electric, Inc.
to include a new electrical power feed to the heating ventilation and air conditioning
(HV AC) chiller at the Orange Police Department.
ACTION: Approved Amendment No.2 to the eXlstmg agreement with Magnetic
Electric, Inc. (electrical contractor) increasing the contract amount by $38,338 for the
installation of the electrical power supply for the HV AC chiller at the Orange Police
Department; and authorized the Mayor and the City Clerk to execute the agreement on
behalf of the City.
FISCAL IMPACT: Funds are available in the following account:
725-5028-481200-9823 Police Headquarters HV AC System Renewal $38,338.00
RESOLUTIONS
3.18 RESOLUTION NO. 10133 (A2100.0 Agr-3411.A.2)
A Resolution of the City Council of the City of Orange approving a Second Amendment
to Financial Assistance Agreement with the County of Orange related to certain funding
assistance for the construction of the Sports Center/Gymnasium at Grijalva Park at
Santiago Creek.
ACTION: Approved
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3. CONSENT CALENDAR (CONTINUED)
3.19 RESOLUTION NO. 10137 (C2500.P.5)
A Resolution of the City Council of the City of Orange approving and adopting the
Orange County Regional Water and Wastewater Multi-Hazard Mitigation Plan as the
City's Official Agency Hazard Mitigation Plan.
ACTION: Approved
3.20 RESOLUTION NO. 10138 (C2500.I)
A Resolution of the City Council of the City of Orange expressing appreciation to Lorna
Adkins of the Orange Public Library and commending her for more than eleven years of
dedicated service to the City of Orange.
ACTION: Approved
3.21 RESOLUTION NO. 10144 (C2500.G.2.0)
A Resolution of the City Council of the City of Orange expressing appreciation to
Christopher Carnes of the Community Development Department and commending him
for twenty-two years of loyal and dedicated service.
ACTION: Approved
3.22 RESOLUTION NO. 10145 (C2500.K)
A Resolution of the City Council of the City of Orange expressing appreciation to
Lieutenant John Whiteley of the Orange Police Department and commending him for
twenty-six years ofloyal and dedicated service.
ACTION: Approved
MOTION - Smith
SECOND - Cavecche
AYES - Smith, Murphy, Cavecche, Dumitru
Items 3.6 and 3.7 were removed and heard separately. All items on the Consent Calendar
were approved as recommended.
END OF CONSENT CALENDAR
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4. REPORTS FROM MAYOR MURPHY
4.1 Consideration of appointment to the City of Orange Public Library Board. (C2500.I.2)
MOTION - Murphy
SECOND - Dumitru
AYES - Smith, Murphy, Cavecche, Dumitru
Moved to appoint Paul Hughes to the City of Orange Public Library Board, term to expire June
30, 2008.
5. REPORTS FROM COUNCILMEMBERS - None.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
7. ADMINISTRATIVE REPORTS
7.1 Award of Contract - Bid No. 067-15; SP-3534 Katella Ave. from west city limits to
Struck Ave.; Taft Ave. from the west city limits to Batavia St.; and Batavia St. from Taft
Ave. to 2,700 ft. north of Taft Ave., AHRP Project Street Rehabilitation Improvements.
(A2100.0 Agr-4999)
SUMMARY: Bids were received and opened on October 19, 2006. Four bidders responded to
the Notice Inviting Bids. The apparent low bidder is R.J. Noble Company, of Orange, CA for
$1,351,921.55. The Engineer's estimated cost was $1,630,000.00.
MOTION - Cavecche
SECOND Smith
AYES - Smith, Murphy, Cavecche, Dumitru
Moved to: I) Appropriate $137,000.00 from the unreserved fund balance of the 340 funds
to 340-5011-483300-3046 for the rehabilitation of Katella Avenue; 2) Appropriate
$30,000.00 from the unreserved fund balance of the 340 funds to 340-5011-483300-3047 for the
rehabilitation of Taft Avenue; and 3) Award the contract in the amount of$1,351,921.55 to R.J.
Noble Company and authorize the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Funds are budgeted and available in the following accounts:
943-9800-483300-3046
550-5011-483300-3046
340-5011-483300-3046
943-9800-483300-3047
550-5011-483300-3047
340-5011-483300-3047
943-9800-483300-3038
550-5011-483300-3038
ORA Katella Avenue
AHRP Katella Avenue
TCRF Katella Avenue
ORA Taft Avenue
AHRP Taft Avenue
TCRF Taft Avenue
ORA Batavia Street
AHRP Batavia Street
$ 89,275.00
116,275.00
137,000.00
255,979.00
286,000.00
30,000.00
366,640.00
277.760.00
$1,558,929.00
Total
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November 28,2006
8. REPORTS FROM CITY MANAGER - None.
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 14-06 (SECOND READING) (A2500.0 Ord-14-06 Zoning)
An Ordinance of the City Council of the City of Orange amending Chapter 17.02 of the Orange
Municipal Code relating to uses for which permits will be issued.
MOTION
SECOND
AYES
- Smith
Cavecche
- Smith, Murphy, Cavecche, Dumitru
Moved that Ordinance No. 14-06 be read by title only and same was approved and adopted by
the preceding vote.
10. PUBLIC HEARINGS
10.1 SOLID WASTE SERVICES FEES. (C2500.M.l)
Time set for a noticed public hearing to consider adoption of adjusted fees for the provision of
residential and commercial solid waste services.
The City entered into an agreement with Waste Management of Orange County effective June I,
1999 for the provision of solid waste collection and disposal services (agreement). The
agreement provides that Waste Management may request a rate adjustment each year based on
specific economic factors including changes in the producer price index and County of Orange
landfill disposal fees. The agreement also requires that specified residential and commercial
rates be within the lowest one-third of all cities in Orange County providing similar solid waste
services. Staff has reviewed and validated Waste Management's rate adjustment request. If
approved, the rates shown in Resolution No. 10136 will become effective January I, 2007.
Discussion - Lisa Mattert, Public Works Administrative Analyst, reported on the annual rate
adjustments starting January, 2007; and reported on a plan regarding the subsidies paid by the
City, ending in 2009, being reduced to allow continuation of the subsidy through FY 2011-12.
Responding to a question by Mayor pro tern Cavecche, Ms. Mattert informed that the City of
Irvine does have the lowest rate in the County, but would be negotiating their next contract with
Waste Management in 2007.
Counci1member Dumitru asked about Construction & Demolition (C&D) and inert waste;
requesting that staff bring to Council a C&D ordinance as soon as possible.
Mayor pro tern Cavecche agreed the C&D Ordinance needs to be brought back to the Council
as soon as possible; and also asked whose responsibility it is to remove graffiti from the large
bins provided at apartment buildings.
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10. PUBLIC HEARINGS (Continued)
City Attorney, David DeBerry responded that Waste Management owns the large bins and are
responsible for maintenance. He added that the City's waste contract provides the City with the
authority to require their clean up.
MAYOR MURPHY OPENED THE PUBLIC HEARING -
Counci1member Dumitru asked about signs being placed on trash bins, informing of the Safe
Surrender program.
Waste Management Company Representative, David Ross indicated that Waste Management has
a plan in place to take the Safe Surrender Program a step further. He stated that staff would
receive a report on the issue in the near future.
In response to questions from Council, Mr. Ross stated that since October, a 32% increase has
occurred in the recycling of C&D material; the company has implemented a new processing line
for C&D waste; and that the City of Irvine's rates are lowest in the County because Waste
Management facilities and the landfill are both located in that City.
MAYOR MURPHY CLOSED THE PUBLIC HEARING -
Council discussed the merits of the option to wean ratepayers from the subsidy; and that a
gradual increase may be better than one sudden large increase. It was also noted that the
subsidy is a result of a lawsuit several years ago and that the subsidy can not be used for
anything other than trash rates. Council also agreed on the need to look at the subsidy issue on a
yearly basis.
City Attorney, David DeBerry stated that the action before Council was approval of the
Resolution, reducing the subsidy by 50 cents-not to consider future subsidies at this time.
RESOLUTION NO. 10136
A Resolution of the City Council of the City of Orange approving Revised Rates for Solid Waste
Collection and Disposal Services.
MOTION - Cavecche
SECOND - Dumitru
AYES - Smith, Murphy, Cavecche, Dumitru
Moved to approve Resolution No. 10136 as part of the contract agreement with Waste
Management to include changes with the PPI and with the County of Orange landfill disposal
fees.
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November 28, 2006
11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
12. RECESS TO CLOSED SESSION - Council recessed at 5:20 p.m.
NOTE: The City Council did not recess to a Closed Session.
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.
7:00 p.m. Session
13. PUBLIC COMMENTS - None.
14. PUBLIC HEARINGS
14.1 APPEAL 0512-06 - CONDITIONAL USE PERMIT 2593-06 - TROPI JUGOS, INC.
(A4000.0 APP-0512-066)
The public hearing to consider an appeal of the Planning Commission's decision to deny
Conditional Use Permit 2593-06 for the existing Tropi Jugos Mexican restaurant, located at 4509
East Chapman Avenue, was continued to this time from November 14. 2006.
The Conditional Use Permit proposal is to allow an Alcohol Beverage Control License Type 41
(On-sale Beer and Wine for a Bona Fide Public Eating Establishment) license.
Discussion
Orange Police Captain, Jim Anderson responded to a question from Councilmember Dumitru
explained that Part I crimes are major felonies; with Part 2 crimes being lesser crimes.
MAYOR MURPHY OPENED THE PUBLIC HEARING -
Erika Gagliano, speaking for the Applicant, indicated that the applicant was willing to work with
the City to address any concerns, including graffiti, trash, loitering, and parking. She added that
there are only three active ABC licenses in the immediate area. In response to a question by
Councilmember Smith, she indicated the applicant's two other restaurants in Anaheim currently
do not serve alcohol.
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14. PUBLIC HEARINGS (Continued)
Speaking in opposition to the appeal and citing problems with crime, loitering, litter, graffiti,
deterioration of the neighborhood, affects on nearby schools, church and community center, as
well as the under-reporting of crimes:
· Jeanette Palacio, Pearl Street
. David Cortez, Spring Street
. Max Amaro, Spring Street
. Mai Ho, Pearl Street
· Cesar Madrid, Vine Street
Speaking in favor of the appeal and cltmg applicant's willingness to work with the City,
restaurant caters to families; the applicant's efforts to clean up the litter beyond his property:
. Sylvia Valencia, Spring Street
. Maria Ramirez, Cambridge Street
· Manuel Delgado, Hewes Street
· Jose Valencia, Spring Street
. Elba Torres, Westminster
· Antonio Ramirez, Cambridge Street, restaurant owner. He noted that the hours of operation
are 7:00 a.m. to 9:00 p.m., seven days a week. He added his willingness to serve alcohol
during the hours identified by the City.
In response to questions from Council and the City Attorney, Police Captain Jim Anderson stated
that the crime statistics given at the meeting were correct-previous statistics being in error-
and that in his personal opinion the underreporting of crimes does occur where there is a
population in fear of being deported.
MAYOR MURPHY CLOSED THE PUBLIC HEARlNG -
Council Comments -
Counci1member Dumitru stated that the Carreta Market received a transfer of the liquor license
granted to the property it now occupies, which is why it seems they received their liquor license
faster than usual. He added that the alcohol will exacerbate the problems of loitering and public
drunkenness.
Councilmember Smith indicated that if a liquor license were granted, the serving of alcohol
needs to be limited between the hours of 11 :00 a.m. up to one hour before closing. She wanted
to support businesses being competitive, but also needs to support the integrity of the
neighborhood; adding that there are already problems in this neighborhood which could increase
with the serving of alcohol.
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November 28, 2006
14. PUBLIC HEARINGS (Continued)
Mayor pro tern Cavecche commended the applicant's diligence; but noted there are certain
findings that have to be met before a CUP can be approved; adding that the CUP stays with the
property and could present a long-term negative impact on the general welfare of the
neighborhood. She stated that the huge loitering problem in the County area must be addressed
and the City needs to address the increasing deterioration ofthe area.
Mayor Murphy agreed expressed his empathy for the
overwhelming issues stated, he could not support the appeal.
of alcohol, the business seemed to be a success.
business owner, but due to the
He stated that without the serving
Council Action
MOTION - Murphy
SECOND - Cavecche
A YES - Smith, Murphy, Cavecche, Dumitru
Moved to deny the appeal without prejudice.
15. PLANNING AND ENVIRONMENT - None.
16. ADJOURNMENT - The City Council adjourned at 8:00 p.m. to an Adjourned Regular
Meeting on Tuesday, December 5, 2006 at 7:00 p.m. in the Council Chambers for the Oath of
Office ceremony for the newly elected public officials.
The next Regular Council Meeting is scheduled for December 12, 2006.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular
meeting of November 28, 2006 at Orange Civic Center 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.
M . MURPHY
CITY CLERK
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MAYOR
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