HomeMy WebLinkAbout11_28_2006 - Council MinutesAPPROVED 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
PRESENTA 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.PAGF 1
CITY COUNCIL MINUTES 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-
CITY COUNCIL MINUTES 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.
PAr,F :\
CITY COUNCIL MINUTES 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.
CITY COUNCIL MINUTES 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 advertisefor 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 MTurnback
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
CITY COUNCIL MINUTES November 28, 2006
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,
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 isR.
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:
CITY COUNCIL MINUTES November 28, 2006
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
theSports Center/
CITY COUNCIL MINUTES November 28, 2006
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
PAr,F A
CITY COUNCIL MINUTES November 28, 2006
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 89,275.00116,
275.00 137,
CITY COUNCIL MINUTES 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
apartmentbuildings.
CITY COUNCIL MINUTES November 28,2006
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.PA(.;F 1?
CITY COUNCIL MINUTES 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.PAc:.
CITY COUNCIL MINUTES November 28, 2006
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.
PAGF14
CITY COUNCIL MINUTES 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
rJf~~Yf1j
4 MAYOR
PAGF1!i