Council Minutes 12/08/15APPROVED BY THE CITY COUNCIL ON JANUARY 12, 2015
CITY COUNCIL ORANGE, CALIFORNIA
MEETING MINUTES DECEMBER 8, 2015
The City Council of the City of Orange, California convened on December 8, 2015, at 6:00 p.m.
in a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
6:00 P.M. SESSION
1. OPENING
This Regular Meeting of the Orange City Council was called to order by Mayor Smith at
6:02 p.m.
1.1 INVOCATION
Given by Pastor Brenton Fessler from RefugeOC.
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Michael Alvarez.
1.3 ROLL CALL
PRESENT — Alvarez, Whitaker, Smith, Murphy, Nichols
ABSENT — None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
The Community Foundation of Orange presented a Field of Valor report and thank you.
Presentation of a Retirement Resolution for Abel Bernal for 30 years of dedicated service.
2. PUBLIC COMMENTS
Carole Walters — had questions about the funds used for safety employee salary increases.
Lou Noble — spoke about the homeless' belongings being discarded by law enforcement.
R Joshua Collins — suggested allowing churches in Orange permission to offer shelter to
the homeless during inclement weather.
CITY COUNCIL MINUTES
3. CONSENT CALENDAR
DECEMBER 8, 2015
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 Confirmation of warrant registers dated November 5, 12, 19, and 25, 2015.
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of November 10, 2015. (C2500.D.4)
ACTION: Approved.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
3.4 Investment Oversight Committee Report for the period ending November 30, 2015.
(OR1800.0.27.16)
ACTION: Received and filed.
3.5 Submittal of Annual Financial Reports for Development Impact Fees for Fiscal Year
2014 -15. (C2500.J.1.0.2)
ACTION: Received and filed.
3.6 Approval of funding to cover the cost of inspections administered by the Municipal
Water District of Orange County (MWDOC) for the Turf Removal Rebate program
provided by the Metropolitan Water District of Southern California (MET) in the
City of Orange's water service area. (A2100.0 Agr -5793)
ACTION: Authorized the increase of funding for Turf Removal Rebate program
inspection in the amount of $20,000.
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CITY COUNCIL MINUTES DECEMBER 8, 2015
3. CONSENT CALENDAR (Continued)
AGREEMENTS
3.7 Mills Act Contract No. MAC - 242.0 -15 (Historic Property Preservation Agreement)
162 North Harwood Street. (A2100.0 Agr -6282)
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between City of Orange and the property owner for the preservation and rehabilitation of
a qualified historic property in exchange for a reduced property tax assessment.
3.8 Mills Act Contract No. MAC - 244.0 -15 (Historic Property Preservation Agreement)
159 South Waverly Street. (A2100.0 Agr -6283)
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between City of Orange and the property owner for the preservation and rehabilitation of
a qualified historic property in exchange for a reduced property tax assessment.
3.9 Mills Act Contract No. MAC - 245.0 -15 (Historic Property Preservation Agreement)
603 East Jefferson Avenue. (A2100.0 Agr -6284)
NOTE: Councilmember Whitaker recorded an abstention due to a potential conflict with a
nearby property interest.
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between City of Orange and the property owner for the preservation and rehabilitation of
a qualified historic property in exchange for a reduced property tax assessment.
3.10 Mills Act Contract No. MAC - 246.0 -15 (Historic Property Preservation Agreement)
152 South Pine Street. (A2100.0 Agr -6285)
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between City of Orange and the property owner for the preservation and rehabilitation of
a qualified historic property in exchange for a reduced property tax assessment.
3.11 Mills Act Contract No. MAC - 247.0 -15 (Historic Property Preservation Agreement)
261 North Cambridge Street. (A2100.0 Agr -6286)
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between City of Orange and the property owner for the preservation and rehabilitation of
a qualified historic property in exchange for a reduced property tax assessment.
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR (Continued)
DECEMBER 8, 2015
3.12 Agreement with Royer Landscape Construction Inc. for an amount not to exceed
$35,008.60 to provide Demolition and Hardscape Installation Work at Grijalva Park.
(A2100.0 Agr -6287)
ACTION: Approved Agreement and authorized the Mayor and City Clerk to execute on
behalf of the City.
3.13 Second Amendment to Agreement with Nieves Landscape, Inc. for Landscape
Maintenance Services for City Facilities and Rights of Way to increase the amount
for FY 16 from $227,459.98 to $267,459.98. (A2100.0 Agr- 5778.A.2)
ACTION: 1) Approved the Second Amendment to Agreement 5778.A with Nieves
Landscape, Inc.; and 2) Authorized the Mayor and City Clerk to execute on behalf of the
City.
3.14 Field Maintenance Services Agreement with Major League Infields, Inc., to perform
Regular Maintenance Work on City Softball Fields at El Camino Real Park for an
amount not to exceed $34,840.00 per year. (A2100.0 Agr -6288)
ACTION: Approved the Agreement and authorized the Mayor and City Clerk to execute
on behalf of the City.
3.15 Purchase of Electronic Patient Care Reporting (ePCR) and Mobile Device
Management (MDM) Software for Orange City Fire Department. (A2100.0 Agr -
6289)
NOTE: Mayor pro tem Murphy recorded an abstention due to a potential conflict with
employment.
ACTION: 1) Authorized a 1 -year agreement (with 1 -year extension options) between the
City of Orange and W.A.T.E.R. for comprehensive Emergency Medical Service (EMS)
Information and Database Software; 2) Authorized a 1 -year agreement (with 1 -year
extension options) between the City of Orange and MDM Software Company; 3)
Authorized the transfer of $28,601 from expenditure account number
120.3021.56032.12955, Mobile Data Computers to expenditure account number
120.3022.56033.20259, ePCR Software Replacement Project; and 4) Authorized the
appropriation of $37,439 from the Emergency Transport Program (125) unreserved fund
balance to expenditure account 125.3015.56033.20259, ePCR Software Replacement
Project.
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR (Continued)
DECEMBER 8, 2015
APPROPRIATIONS
3.16 Assembly Bill 109, the 2011 Public Safety Realignment Act, was implemented on
October 1, 2011. The bill transferred responsibility for the incarceration, treatment,
and supervision of specified adult felons from the California Department of
Corrections and Rehabilitation (CDCR) to each county under the Post - release
Community Supervision (PCS) program. AB 109 contains a budget to fund overtime
services for local agencies to assist counties with case management of these offenders.
(A2100.0 Agr- 5908.D)
ACTION: 1) Authorized the Mayor to execute the MOU between the City and the County
of Orange for Public Safety Realignment and Post - release Community Supervision Cost
Reimbursement to Local Law Enforcement Agencies for Enhanced Services and Other
Authorized Expenditures; 2) Accepted into the City's revenue budget a $22,443.48 funding
allocation from the County of Orange into revenue account number
100.4031.45495.20159, General Fund - Post - release Community Supervision; and
3) Authorized the appropriation of $22,443.48 into expenditure account
100.4031.50221.20159, General Fund - Post - release Community Supervision.
3.17 Appropriation of Designated Grant Funding Received from the California
Department of Resources Recycling and Recovery (CalRecycle) for the Beverage
Container Recycling Program. (C2500.M.1.1)
ACTION:
1) Accepted into the City's revenue budget $36,784 in grants from CalRecycle and
appropriated to the following revenue account number:
220.5022.45290.20258 Beverage Container Recycling 14 -15 36,784
2) Authorized the appropriation of $36,784 into the following expenditure account
numbers:
220.5022.50002.20258 Bev. Container Recycling 14 -15
— Salaries and Ben.
3,284
220.5022.51001.20258 Bev. Container Recycling 14 -15
— Contractual Serv.
32,500
220.5022.53001.20258 Bev. Container Recycling 14 -15
— Material & Supp.
1,000
3.18 Approval for a budget adjustment for the purchase of medical supplies. (C2500.H)
ACTION: 1) Approved the appropriation of $118,500 from the EMT Transport (125)
unreserved fund balance to expenditure account 125.3022.53510.00000 (Fire /Paramedic
Medical Supplies); and 2) Approved the increase to the existing purchase order as follows:
Life Assist — increase from $93,500 to $187,000.
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR (Continued)
DECEMBER 8, 2015
3.19 FY 15 Urban Areas Security Initiative (UASI) Grant: H1 -UASI Regional Training
Program- Instructors Allocation. (A2100.0 Agr- 5556.D)
ACTION: 1) Approved the agreement between the City of Orange and the City of Santa
Ana in an amount not to exceed $10,227 and authorize the City Manager to execute the
agreement on behalf of the City; 2) Accepted into the City's revenue budget a $6,818 grant
from the Anaheim/Santa Ana Urban Areas UASI into revenue account number
100.3023.45495.20260 (Fire Training -H1 UASI Regional Training Program - Instructors
2015); 3) Authorized the appropriation of $6,818 into expenditure account number
100.3023.51840.20260 (Fire Training -H1 UASI Regional Training Program - Instructors
2015); 4) Accepted into the City's revenue budget a $3,409 grant from the Anaheim/Santa
Ana Urban Areas UASI into revenue account number 100.4081.45495.20260 (Police -
Homeland Security Overtime Safety -H1 UASI Regional Training Program - Instructors
2015); and 5) Authorized the appropriation of $3,409 into expenditure account number
100.4081.50221.20260 (Police - Homeland Security- Overtime Safety -Hl UASI Regional
Training Program - Instructors 2015).
3.20 CLAIMS (C3200.0)
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. Arturo Reyes Gonzalez
b. Dinh Doan
c. Irma Supancic and surviving children of Michael Supancic
d. Natividad Villalba
e. Justin D. Morse
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.21 Award of Contract - Bid No. 156 -13; Emergency Generator for Carver Pump Station
(W -674). (A2100.0 Agr -6290)
ACTION: Awarded a contract in the amount of $131,400 to TSR Construction and
Inspection and authorized the Mayor and City Clerk to execute the necessary documents
on behalf of the City.
3.22 Award of Contract — Bid No. 156 -20; Mechanical Services and Preventive
Maintenance for Heating Ventilation, and Air Conditioning Equipment (HVAC) at
Various City Buildings. (A2100.0 Agr -6291)
ACTION: Awarded the contract in the amount of $69,030 to K & J Air Conditioning, and
authorized the Mayor and City Clerk to execute the documents on behalf of the City.
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR (Continued)
DECEMBER 8, 2015
3.23 Award of Contract - Bid No. 156 -21; Annual Concrete Replacement at Various
Locations, Fiscal Year 2015 -16. (A2100.0 Agr -6292)
ACTION: Awarded the contract in the amount of $506,500 to EBS Engineering, Inc.,
Corona, CA 92879; and authorized the Mayor and the City Clerk to execute on behalf of
the City.
3.24 Award of Contract — Bid No. 156 -22; Roof Coating at Water Warehouse. (A2100.0
Agr -6293)
ACTION: Awarded the contract in the amount of $34,000.00 to Industrial Coating &
Restoration, Inc., and authorized the Mayor and City Clerk to execute the necessary
documents on behalf of the City.
(ITEM REMOVED AND HEARD SEPARATELY)
3.25 Award of Contracts — RFP No. 156 -05; Tree Services for Public Works and
Community Services Departments. (A2100.0 Agr -6294; Agr -6299)
NOTE: Councilmember Nichols recorded an abstention due to a potential conflict of
interest and left the dais at 6:48 p.m. She returned to the dais at 6:55 p.m.
Discussion Director of Public Works Joe DeFrancesco answered Council's questions
regarding the significant increase in the contract, which is due to State law changes in
prevailing wages for tree trimmers.
MOTION — Alvarez
SECOND — Whitaker
AYES — Alvarez, Whitaker, Smith, Murphy
ABSENT (RECUSED) — Nichols
Moved to: 1) Award an annual contract in an amount of $613,365 per calendar year to
WCA for tree services within public street right -of -way citywide for a term of five years
starting January 1, 2016; and authorize the Mayor and City Clerk to execute the necessary
documents on behalf of the City of Orange; 2) Award an annual contract in an amount of
$300,000 per calendar year to WCA for tree services within parks, City facilities, medians,
rights -of -way (parkway trees), and assessment districts for a term of five years starting
January 1, 2016; and authorize the Mayor and City Clerk to execute the necessary
documents on behalf of the City of Orange; 3) Authorize the appropriation of $207,600
from the Sanitation (220) Unreserved Fund Balance to expenditure account number
220.5022.51700.00000, Sanitation — Contractual Services; 4) Authorize the appropriation
of $39,000 from the Water (600) Unreserved Fund Balance to expenditure account number
600.8041.51431.00000, Water — Landscape Maintenance; and 5) Authorize the
appropriation of $63,400 from the General Fund Unreserved Fund Balance to expenditure
accounts: 100.7022.51420.00000 — Maintenance Contracts $56,000;
100.7012.51431.00000 — Landscape Maintenance $2,000; and 100.7022.51431.00000 —
Landscape Maintenance $5,400, for a total of $63,400.
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CITY COUNCIL MINUTES DECEMBER 8, 2015
3. CONSENT CALENDAR (Continued)
PURCHASES
(ITEM REMOVED AND HEARD SEPARATELY)
3.26 Purchase of two Ambulance/Rescue Units for the Orange Fire Department.
(C2500.H)
Discussion City Manager Rick Otto and Fire Chief Jack Thomas answered
Councilmember Alvarez's questions about the pros and cons of privatizing ambulance
service. City Manager Otto stated that the City did look at privatizing ambulance service
twice in the past. Chief Thomas stated that the costs would be higher if the City privatized.
Councilmember Alvarez requested a copy of the report distributed to Council the two times
that it was discussed in the past.
MOTION
— Alvarez
SECOND
— Murphy
AYES
— Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to: 1) Authorize the purchase of two class -one ambulances from Braun Industries,
located in Van Wert, Ohio in the amount of $285,756.12 each for a total expenditure of
$571,512.24; and 2) Authorize the City Manager to surplus the vehicles scheduled to be
replaced.
3.27 Purchase eight miscellaneous Service Vehicles for the Department of Public Works
and the Community Services Department. (C2500.M.7)
NOTE: Mayor pro tem Murphy recorded an abstention due to a potential conflict with
employment.
ACTION: Authorized the purchase of six half -ton service trucks, a one -ton service body
truck, and one mid -size utility vehicle from Ford of Orange in the amount of $231,395.36;
and 2) Authorized the City Manager to surplus the replaced vehicles.
3.28 Approve the purchase and installation of a new Storage Area Network (SAN) for
Civic Center and increase the capacity of the SAN at the Police Department.
(C2500.J)
NOTE: Mayor pro tem Murphy recorded an abstention due to a potential conflict with
employment.
ACTION: Authorized the purchase and installation of a new Storage Area Network for
the Civic Center and the purchase and installation of additional storage capacity in the SAN
at the Orange Police Department from Sidepath, Inc. of Irvine, CA in the amount of
$373,980.33.
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CITY COUNCIL MINUTES DECEMBER 8, 2015
3. CONSENT CALENDAR (Continued)
REPORTS
3.29 Implementation Status Report on the Recommendations from the Organizational
Assessment for Development Services. (C2500.G.2.0)
ACTION: Received and filed report.
RESOLUTIONS
3.30 RESOLUTION NO. 10903 (C2500.N)
A Resolution of the City Council of the City of Orange expressing appreciation to Abel
Bernal and commending him for thirty years of loyal and dedicated service.
ACTION: Approved
3.31 RESOLUTION NO. 10910 (A2100.0 Agr -6295)
A Resolution of the City Council of the City of Orange finding that a portion of the hillside
slopes located on the easterly side of reservoirs 1 and 1 A, and the westerly side of reservoir
2 are no longer needed by the public and ordering the surplus thereof and reserving all
public utility easements, and authorizing approval of the Land Exchange Agreement
between the City of Orange and the New Home Company (Marywood Project).
ACTION: 1) Adopted Resolution No. 10910, and 2) Authorized the Mayor to execute the
Land exchange and Easement Agreement after the expiration of the 60 day notice period
for surplus City property.
(ITEM REMOVED AND HEARD SEPARATELY)
3.32 RESOLUTION NO. 10912 (C2500.J.1.0.1)
A Resolution of the City Council of the City of Orange amending the Master Schedule of
Fees and Charges to adjust Emergency Medical Services and Ground Ambulance
Transportation Rates.
Discussion City Manager Rick Otto answered Councilmember Alvarez's questions about
the transport fees. He confirmed that the City generally adopts the fees established by the
County Board of Supervisors.
MOTION — Alvarez
SECOND — Nichols
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to approve Resolution No. 10912.
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CITY COUNCIL MINUTES DECEMBER 8, 2015
3. CONSENT CALENDAR (Continued)
MOTION
— Murphy
SECOND
— Alvarez
AYES
— Alvarez, Whitaker, Smith, Murphy, Nichols
Councilmember Whitaker recorded an abstention on Item 3.9. Mayor pro tem Murphy
recorded an abstention on Items 3.15, 3.27, and 3.28. Councilmember Nichols recorded
an abstention on Item 3.25. Items 3.25, 3.26 and 3.32 were removed from the Consent
Calendar and heard separately. All other items on the Consent Calendar were approved as
recommended.
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR SMITH
4.1 Re- appointment of Michael Alvarez to the Orange County Mosquito and Vector
Control District Board.
MOTION
— Smith
SECOND
— Murphy
AYES
— Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to re- appoint Councilmember Michael Alvarez to the Orange County Mosquito
and Vector Control District Board.
5. REPORTS FROM COUNCILMEMBERS — None
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS — None
7. ADMINISTRATIVE REPORTS — None
8. REPORTS FROM CITY MANAGER
City Manager Otto recognized and introduced Jack Thomas, City of Orange Fire Chief.
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CITY COUNCIL MINUTES DECEMBER 8, 2015
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 04-15 (SECOND READING) (A2500.0)
An Ordinance of the City Council of the City of Orange Amending Title 17 of the Orange
Municipal Code to Clarify City Standards for Residential Accessory Structure Setbacks.
MOTION — Whitaker
SECOND — Nichols
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
Moved that Ordinance No. 04 -15 be read by title only and same was approved and adopted
by the preceding vote.
9.2 ORDINANCE NO. 05-15(A) (SECOND READING) (Z1500.0)
An Ordinance of the City Council of the City of Orange approving Zone Change No. 1276 -
14(A) rezoning properties in the Industrial 2010 General Plan Land Use Focus Area located
at 546 North Batavia Street to Multiple Family Residential to establish consistency
between the Medium Density Residential General Plan Land Use designation and Zoning
classification in accordance with State law.
Zone Change No. 1276 -14(A)
Applicant: City of Orange
MOTION
— Nichols
SECOND
— Murphy
AYES
— Alvarez, Whitaker, Smith, Murphy, Nichols
Moved that Ordinance No. 05 -15(A) be read by title only and same was approved and
adopted by the preceding vote.
9.3 ORDINANCE NO. 09-15 (SECOND READING) (Z1500.0)
An Ordinance of the City Council of the City of Orange approving Zone Change 1274 -14
changing project site zoning from Limited Business (C -1) to Residential Multifamily -
Specific Plan (R -3 (SP)) and approving the associated Orange -Olive Residential Specific
Plan.
Zone Change No. 1274 -14
Applicant: MBK Homes
MOTION — Whitaker
SECOND — Nichols
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
Moved that Ordinance No. 09 -15 be read by title only and same was approved and adopted
by the preceding vote.
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CITY COUNCIL MINUTES DECEMBER 8, 2015
9. LEGAL AFFAIRS (Continued)
9.4 ORDINANCE NO. 10 -15 (FIRST READING) (A2500.0)
An Ordinance of the City Council of the City of Orange Amending Chapter 5.89 of the
OMC Prohibiting the Business of Selling, Cultivating or Distributing Cannabis.
MOTION
— Smith
SECOND
— Whitaker
AYES
— Alvarez, Whitaker, Smith, Murphy, Nichols
Moved that Ordinance No. 10 -15 be read by title only and same was set for second reading
by the preceding vote.
10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE
REDEVELOPMENT AGENCY — None
11. PUBLIC HEARINGS
11.1 General Plan Amendment No. 2014 -0001 (C2300.E)
Time set for a public hearing to consider approval of an amendment to the Orange General
Plan including text and graphic updates, and limited changes to City policies for purposes
of maintaining document accuracy.
THE MAYOR OPENED THE PUBLIC HEARING; AND THERE BEING NO
SPEAKERS, THE MAYOR CLOSED THE PUBLIC HEARING.
RESOLUTION NO. 10911
A Resolution of the City Council of the City of Orange approving General Plan
Amendment No. 2014 -0001 amending the Orange General Plan including text and graphic
updates, and limited changes to City policies for document accuracy.
MOTION
— Murphy
SECOND
— Whitaker
AYES
— Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to find that the proposed General Plan Amendment is within the scope of the
previously approved 2010 General Plan, which was evaluated in certified Program EIR No.
1815 -09, and that the Program EIR adequately addresses the document accuracy revisions
for purposes of CEQA and no new environmental documents are required; and moved to
approve Resolution No. 10911.
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CITY COUNCIL MINUTES DECEMBER 8, 2015
11. PUBLIC HEARINGS (Continued)
11.2 Appeal No. 0538 -15 - Newport Academy Appeal (A4000.0)
NOTE: Item 11.2 was re- ordered to be heard after the Consent Calendar and
continued to the January 12, 2016, meeting.
Time set for a public hearing to consider Appeal No. 0538 -15 of the Planning Commission
decision to uphold the Community Development Director's denial of reasonable
accommodation 0003 -14, Newport Academy, 1655 Hunters Way.
MOTION — Smith
SECOND — Murphy
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to continue Item 11.2 to the January 12, 2016, Regular City Council meeting.
RECESS: The City Council took a short recess at 7:16 p.m. and reconvened at 7:26 p.m. with
all members present.
11.3 Appeal No. 0543 -15 - Watson's Liquor License Approval (A4000.0)
NOTE: Councilmember Alvarez recorded an abstention due to a potential conflict with a
nearby property interest and left the meeting at 7:28 p.m.
Time set for a public hearing to consider Appeal No. 0543 -15. An appeal of the Planning
Commission decision to approve Conditional Use Permit No. 2985 -15 for an Alcoholic
Beverage Control (ABC) Type 47 license for a restaurant at 116 -120 E. Chapman Avenue.
Historic Planner Marissa Moshier presented the staff report noting that there were changes
made to proposed Resolution No. 10914, which was included in the Council's Late Agenda
Items packet. Mayor Smith explained her decision to appeal the Planning Commission's
decision to approve a Type 47 license indicating that the Orange Police Department and
City staff both recommended denial of the application, and there are over 40 ABC Licenses
in a highly concentrated area. Mayor Smith felt it was appropriate to bring this item to
Council for their review.
THE MAYOR OPENED THE PUBLIC HEARING.
Public Speakers
In favor of denying the appeal and upholding the Planning Commission's decision:
• Bill Skeffington, applicant — spoke in favor of approving the Type 47 license, and
stated that he was in agreement with the changes made in the proposed Resolution.
• Alan Haystad, Watson's General Manager
• Michael Fleming
• Brian Etter
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CITY COUNCIL MINUTES DECEMBER 8, 2015
• Robert Vicario
• Jan Mickelson - Weilmuenster
• Craig Gibson
• Karen Schatzle
• Jim Krohn
• Scott Parker
In favor of upholding the appeal and reversing the Planning Commission's decision:
• Nick Arhontes
• Janice Swift
THE MAYOR CLOSED THE PUBLIC HEARING.
Discussion
Lieutenant Dave Nichols, Orange Police Department, answered Mayor Smith's questions
regarding the Police Department's denial of the Type 47 license. He stated that it was
based on the crime rate and over concentration of licenses in this area. Lt. Nichols and City
Attorney Winthers clarified that condition number 20 in the resolution means that food
service must be available when serving alcohol in a restaurant. Council stated that they
appreciate the Mayor bringing this forward for review; however, they support the Planning
Commission's decision to approve the Type 47 license.
After further discussion, Mayor Smith withdrew Appeal No. 0543 -15; however requested
that condition number 36 in the proposed resolution be amended to include the City
Manager in reviewing special promotional events for approval. Council concurred.
MOTION — Nichols
SECOND — Whitaker
AYES — Whitaker, Smith, Murphy, Nichols
ABSENT (RECUSED) — Alvarez
Moved to approve amended Resolution No. 10914 with modifications to Condition No.
36 to include the City Manager in reviewing special promotional events for approval.
12. RECESS TO THE MEETING OF THE INDUSTRIAL DEVELOPMENT
AUTHORITY
The City Council recessed at 8:41 p.m. to the meeting of the Industrial Development
Authority with all members present, except Councilmember Alvarez who was absent; and
reconvened at 8:44 p.m.
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CITY COUNCIL MINUTES DECEMBER 8, 2015
13. ADJOURNMENT — The Council adjourned at 8:45 p.m.
The next Regular City Council Meeting will be held on Tuesday, January 12, 2016, at 6:00
p.m. in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.
MAR HY TERESA E. SMITH
CrFY CLERK MAYOR
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