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1/22/2002 - Council Minutes - CC Minutes Reg Meeting (2) APPROVED BY CITY COUNCIL ON FEBRUARY 12,2002 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING January 22,2002 The City Council of the City of Orange, California convened on January 22, 2002 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 Bob Stempson, North Orange Christian Church 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilmember Slater 1.3 ROLL CALL PRESENT - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche ABSENT - None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS The following employees received Service Awards: Glenn Kaye - Purchasing (not present); Roger Hohnbaum - Public Works; Lesley Walker - Police; Amir Farahani - Public Works; Michael PT2ysiecki - Public Works (not present); Matthew Miller - Police; Gary Wann - Community Services. Recognition was given to Mike Short representing the Orange Community Chorus for his efforts at the Annual Tree Lighting Ceremony and Candlelight Choir Procession, as well as for all the work he has done for the City. The 2001 Tree Lighting Ceremony event was the finest with over 3,000 spectators. Patricia Welch of the California Federation of Republican Women presented certificates of recognition to Councilmember Coontz, Councilmember Cavecche, Cassandra Cathcart, City Clerk and Helen Walker, City Treasurer. Robbie Howery, YMCA Longhouse Chief (Indian Guides), announced a challenge to the Mayor and Councilmembers to participate in the Indian 500 Chiefs Race, February 23, 2002 at the Mall of Orange. Race cars were distributed to the Council. Mayor Murphy announced he and Councilmember Cavecche had attended the ribbon cutting ceremony that day for the Mobile Technology Education Center at Santiago Canyon College. It is a mobile computer classroom with 20 computer stations, which brings technology out into the neighborhoods to give children and adults an opportunity to obtain computer skills. It is a great partnership with the schools and will be at the El Modena Branch Library two days a week. PAGE 1 ,- CITY COUNCIL MINUTES January 22, 2002 2. PUBLIC COMMENTS TAPE 790 Alan Beek, 2007 Highland, Newport Beach, spoke in opposition to the Orange County Measure W - Great Park. 3. CONSENT CALENDAR TAPE 880 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, Cassandra J. Cathcart, declaring posting of City Council agenda of a regular meeting of January 22, 2002 at Orange Civic Center, Main Library at 101 N. Center Street, Police facility at 1107 North Batavia, the Eisenhower Park Bulletin Board, summarized on Time-Warner Communications and available on the City's Website www.cityoforange.org, all of said locations being in the City of Orange and freely accessible to members of the public at least 72 hours before commencement ofsaid regular meeting. 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 January 3,10,2002. ACTION: Approved. 3.3 Request approval of City Council Minutes, Regular Meeting, January 8, 2002. ACTION: Approved. 3.4 Consideration to waive reading in full of all ordinances on the Agenda. ACTION: Approved. 3.5 Receive and File Audited Financial Statements and Related Financial Reports for the Year Ended June 30, 2001. (C2500.J.1.3) ACTION: Received and Filed. 3.6 Receive and file the City Treasurer's Report for the period ending December 31, 2001. (C2500.F) ACTION: Received and Filed. PAGE 2 --~~-_._----~--.._-~-"---..-I---- CITY COUNCIL MINUTES January 22, 2002 3. CONSENT CALENDAR (Continued) 3.7 Receive and file Annual Financial Reports for Development Impact Fees. (C2500.J.1.0.1) ACTION: BIDS Received and Filed. 3.8 Award of Bid Nos. 001-43, 001-44, and 001-45 for custodial maintenance services at Police Headquarters and Corporation Yard Buildings, City Park Restrooms and Various City Buildings to Merchants Building Maintenance Co. (A2100.0 AGR-3649.A) SUMMARY: The current custodial contracts for Police Headquarters, Corporation Yard Buildings, Various City Buildings, and City Park Restrooms were re-bid due to the incumbent contractor's financial insolvency and inability to provide all of the contracted custodial maintenance services. Three new bid documents were formulated to facilitate contract administration and performance measurement. ACTION: Appropriated $104,630 from the unreserved fund balance in the General Fund to the department funds used for custodial services; and awarded Bid Nos. 001-43, 001- 44 and 001-45 to Merchant's Building Maintenance Inc. in the amount of $312,766.47 for custodial services at the Police Headquarters and Corporation Yard Buildings, Various City Buildings, and City Park Restrooms and authorize the Mayor and City Clerk to execute. FISCAL IMPACT: After the appropriation has been executed, sufficient finds will be available in the amount of $312,766.47 in the ten department funds used for custodial servIces. 3.9 Award of Contract - Bid No. 012-22 to McMurray Stern for shelving and furniture for the Taft Library Renovation Project. SUMMARY: New furniture and shelving are part of the Taft Library Renovation Project. The remodeled library will provide a greatly improved environment for the public and staff alike. NOTE: Staff requested this item be withdrawn to rework the budget figures, and will return with a modified request for contract award. ACTIONS: Withdrawn from Agenda. 3.10 CLAIMS (C3200.0) The City Attorney recommends that the Orange City Council deny the following Claim(s) for damages: a. Peterson Brothers Construction, Inc. b. Hanson Aggregates West, Inc. ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. PAGE 3 CITY COUNCIL MINUTES January 22, 2002 3. CONSENT CALENDAR (Continued) CONTRACTS 3.11 Capital Improvement Project No. 6100, Tustin Branch Trail Project. Approval of Consultant Services Agreement and appropriation of funding for the preparation of Environmental Documentation in compliance with the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA). SUMMARY: This contract authorizes the consultant to prepare an environmental document and process the document through the appropriate state and federal agencies, in compliance with CEQA and NEPA. NOTE: Staff requested this item be withdrawn for more review so there is more clarity of how the EIR process will work, what kind of alternatives will be evaluated, what the final product will provide and a review of the map. ACTION: Withdrawn from Agenda. PURCHASES (REMOVED AND HEARD SEPARATELY) 3.12 Purchase of a Mobile Command Coach through a cooperative purchasing agreement. (C2500.K) SUMMARY: This is a request that the City Council authorize purchase of a Mobile Command Coach through a cooperative purchasing agreement in the amount of $250,000 from The Mattman Company. Mayor pro tem Alvarez asked the Police Chief to provide more details on this purchase. Police Chief Romero submitted a booklet to the Council detailing the specifications of the proposed command coach. He reported this coach will be used as an alternate mobile Emergency Operations Center for all emergency and significant events in the City and used in conjunction with the Fire and Public Works Departments. It will be equipped with cutting edge technology, including TV cameras, computers and radios. In response to questions by Mayor pro tem Alvarez, he indicated there will be a policy implemented as to how it will be used and the maintenance requirements, and that there is an additional $41,000 in grant funds which will be used for the equipment inside the coach. The Chief also explained the LLEBG funds are from a grant that is applied for and the Asset Forfeiture Funds are based on arrests and drugs seized in concert with the Federal Drug Enforcement Agency. Mayor Murphy indicated the company who the City is purchasing this coach from is the same company who did the conversion on the Mobile Technology Education Center trailer, and suggested they might be useful in helping with the conversion. PAGE 4 CITY COUNCIL MINUTES January 22,2002 3. CONSENT CALENDAR (Continued) In response to questions by Councilmember Slater, the Chief further reported there was a committee established to determine the best use of the LLEBG funds and the Asset Forfeiture Funds and that these funding sources are not generally used for personnel, since they are a one time grant. MOTION - Alvarez SECOND - Slater AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche ACTION: Authorized the purchase of a mobile command coach from The Mattman Company in the amount of $250,000. FISCAL IMPACT: Sufficient funds are available for this purchase in the following accounts: Federal Police Grants-Equipment Additions-LLEBG 2000 $129,223 353-4011-471301-2238 Federal Asset Seizure-Equipment Additions-LLEBG 2000 14,358 355-4011-471301-2238 Federal Police Grants-Equipment Additions -LLEBG 2001 133,522 353-4011-471301-2239 Federal Asset Seisure-Equipment Additions-LLEBG 2001 14,836 355-4011-471301-2239 $291,939 SPECIAL EVENTS 3.13 Request for the temporary closure of the municipal parking lot at 170 S. Olive St. (adjacent to the Senior Center) on Saturday, March 23, 2002 for a special event. (P2500.0.9) SUMMARY: Orange Elderly Services is requesting the temporary closure of the municipal parking lot (Lot No. F), on the east side of the block adjacent to their building, to hold a fund raising Poker Run event. The parking lot will be used to act as a staging area for the motorcycle rally. ACTION: Approved. FISCAL IMPACT: None. MOTION - Alvarez SECOND - Coontz AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche Items 3.9 and 3.11 were withdrawn from the Agenda. Item 3.12 was removed and heard separately. All other items on the Consent Calendar were approved as recommended. END OF CONSENT CALENDAR PAGE 5 CITY COUNCIL MINUTES January 22, 2002 4. REPORTS FROM MAYOR MURPHY TAPE 1270 4.1 Mayor Murphy and Mayor pro tern Alvarez to report on the review of the Boards, Committees and Commissions. Mayor pro tem Alvarez reviewed a list of recommendations he and Mayor Murphy had developed for the Boards, Committees and Commissions. The recommendations include changing several board terms from 2-1/2 years to 2 years, requiring annual update reports, requiring at least one annual meeting for certain Committees, increasing the Audit Committee from three to five members, changing the terms of the Park Planning and Development Commission to 4 years, and reducing the Investment Advisory Board from five to three members. Other general recommendations include a review ofresidency and attendance records and a desire to serve, honoring all retiring members, establishing a maximum number of consecutive years served by an appointee and maintaining staggered terms. Mayor Murphy noted the current 2-1/2 year term for several Committees was done on a one-time basis only because of the date ofthe appointments. Councilmember Coontz stated they need to determine who will do the annual update reports, whether it is the Chairman of each Committee or staff; and suggested a report from the Orange Elderly Services Board should be a joint effort since the Sr. Citizens Center is a joint venture with the City. She asked that minutes be provided from the Community Video Advisory Board, especially given the complaints received about the cable channels. She complimented the Minutes of the Park Planning and Development Commission, and agreed there is a need for on- going information. Councilmember Slater agreed the overall recommendations are good, but asked for an explanation for changing the number of members on the Audit Committee and Investment Advisory Committee. Mayor Murphy explained the members of the Investment Advisory Committee, formed at the time of the County bankruptcy, require specific knowledge and there have been two vacant positions on this Committee since its inception approximately seven years ago. It currently has three members who are doing an outstanding job, and suggested maybe an alternate member. The Audit Committee currently has an alternate member who would like to be an active member. There are also two Councilmembers serving as ex-officio members on the Audit Committee, who could possibly be replaced with public members. Councilmember Coontz indicated there was a need for both of these Committees after the bankruptcy, noting the City does have an auditor on staff. Councilmember Slater suggested 12 years as the maximum number of consecutive years for an appointment. He also suggested the implementation of some type of Old Towne Committee, as there are always a lot of projects that require historical expertise on issues such as sidewalks, curbs, streets, lighting, colors, design, building construction, etc. He suggested a committee similar to that of the Orange Park Acres Committee that could be advisory to staff, but would PAGE 6 -u-------T- CITY COUNCIL MINUTES January 22, 2002 4. REPORTS FROM MAYOR MURPHY (Continued) have to be differentiated from the Design Review Committee. He asked for a report from the City Manager on the feasibility of such a Committee and suggested discussing this further at a future Council meeting. Councilmember Coontz spoke on the various Old Towne Committees which have been in existence over the years, including the Official Old Towne Steering Committee, and the difficulties associated with those committees. This is something that should be discussed with the Community Development Director as this sounds like a request for a committee or person with specific historic knowledge. There may be an opportunity for this, but it will require further discussion. Councilmember Cavecche agreed with increasing the membership on the Audit Committee to five members, that 12 years would be a good number to establish for a maximum term and that the Council needs to see attendance records. She is also a proponent of staggered terms. She did express concern with requiring annual reports, as the staff would be the ones who would end up writing the reports for some of the committees. She agreed on the need for something in Old Towne, whether it's a committee, a consultant or a staff member to help educate the public. Councilmember Coontz, speaking on the need for Old Towne expertise, noted it has been one of her goals to educate the public on design guidelines, and it is now up to the City Manager to review this issue and bring it back to the Council. She volunteered to help with this issue. Mayor pro tem Alvarez noted that staff is currently obtaining attendance records for the Boards, Committees and Commissions. He supports the need for something in Old Towne and suggested Councilmember Slater work on this issue. Mayor Murphy indicated there seems to be a consensus that there is a missing function for Old Towne that should be augmented in terms of the process, and suggested looking for input on how best to provide this, whether it be an adjunct on what is already in place or a separate committee. MOTION - Alvarez SECOND - Murphy AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche Moved to Receive and File. 5. REPORTS FROM COUNCILMEMBERS TAPE 2250 5.1 Councilmembers Coontz and Slater to present community outreach efforts made by City Council, Caltrans, OCT A and City staff during the three-year SR-55 Improvement Project. Continuous communication between the City, agencies and public minimized confusion and disruption and kept Orange residents, businesses and visitors moving during the massive freeway widening project. PAGE 7 CITY COUNCIL MINUTES January 22, 2002 5. REPORTS FROM COUNCILMEMBERS (Continued) Councilmember Coontz provided the following report: The 55 Freeway Improvement Project has been one of the most important projects from the standpoint of its impact of the last few years in the City of Orange and its future impact to the City of Orange. We would like to thank Cal Trans and the Orange County Transportation Committee, also known as OCTA, and the businesses in Orange for keeping Orange moving during three years of heavy construction. When the project started in December of 1998, we immediately realized we had a problem. The project had been bid in four separate phases, instead of just one, without a coordinated traffic management plan. What that means is that Cal Trans is responsible for the work on the freeways and we're responsible for what happens on the streets outside of the freeway. It was necessary for the Public Works Department to spend long hours changing traffic signal sequences and moving traffic lanes to ease congestion. The most difficult problem for the Council Committee was to convey the message to Cal Trans and OCT A that it was important to let the community know what was going on. Our first meeting was memorable. At that time, I realized the transportation help line number established by Cal Trans and OCT A had a 949 prefix. That was not going to work for Orange residents who might want to ask questions or complain. Cal Trans initially balked at that. They had never had anybody from a City Council tell them what they thought, and it became the first of our many successful battles. Almost immediately then, they unveiled a new help line number for the public, 800-724-0353. So we figured we were successful - so let's proceed. Historically, Cal Trans and OCTA have approached their projects from a regional perspective. We brought the local issues to the table and worked through problems together. The communication was open and timely. Throughout the SR-55 project, the staff members of each agency met weekly for construction updates and the Council Committee met regularly also with staff, OCTA and Cal Trans. Councilman Slater and I met first monthly, then every other month. Some of the major issues we addressed were businesses. We needed to keep our local businesses informed about closures and details. Cal Trans distributed information on a regular basis and often went door to door to talk to business owners. I need to mention Bill Selman of Selman Chevrolet for his efforts on behalf of local businesses. He offered useful ideas for temporary access routes during construction that benefited all the local businesses along the Tustin Corridor. The City's Economic Development Department and the Chamber of Commerce held a meeting on Tustin Street to address merchants and their concerns. Right now there are new banners along Tustin Street as the City's way of saying thank you for the patience of all those businesses. The public awareness team hosted 11 open houses, distributed nearly half a million construction notices and spoke with hundreds of people. Handy and La Veta Elementary Schools, located near the project, helped celebrate construction milestones. Of course, one of the issues we promoted was that Cal Trans and OCT A pay attention to the fact that these children couldn't walk to school during the construction of the bridges. We had several people to thank out of OCT A and Cal Trans - Sandy Friedman, Julie Toledo and Kara Veale for their efforts. They did an excellent job in working with the School District. PAGE 8 CITY COUNCIL MINUTES January 22, 2002 5. REPORTS FROM COUNCILMEMBERS (Continued) Commuter Appreciation Day is planned for Thursday, February 7 from 10:00 a.m. to noon at the Mall of Orange on North Tustin Street. We haven't had an opportunity as a Committee to talk about what is going to happen there, but we would like everybody to join us for that. There are going to be 25 vendors with gifts. The bridge closures affected the schools. One of the City staff members told me he learned a lot from our coordinating of meetings. In particular, he realized how important it was to have elected representatives involved when the going gets tough. We definitely had to overcome a few obstacles, and I can credit a couple of local officials for helping us along the way. Assemblyman Bill Campbell stepped in when a lack of response by a public utility was causing delays at Katella and the Collins Bridge. The public utilities were not responsive and we had to go through people up to the state level to get results. Supervisor Todd Spitzer and the OCTA Board - we can thank them for accelerating the schedule for the key components of the project at Chapman, Collins and Katella. You will remember that the Collins bridge sat there forever, and try as we might, we just couldn't seem to get that going. We had weekly high level management meetings during the course ofthis work. Councilmember Slater provided the following additional information: Just to dovetail on what Councilmember Coontz is saying, fortunately, this week the portion of the project at Katella is being re-striped, which will essentially give us all four new lanes. But again, there was a public utility that was holding up progress there and that is why it ended up being delayed. Councilmember Coontz noted the Collins Avenue problem was a fight with a contractor at the state level. Councilmember Slater further reported that one of the things that is important is how it is going to look when it's all done. Graffiti, unfortunately when a project is under construction, has been a major problem along that route. What we've tried to do is get Public Works, the Police Department, Cal Trans and the Sheriffs Department together to try to combat that. Our strong hope is that now that the project is being completed, it will be cleaned once and for all and hopefully, with walls exposed, there will be less of that going on. It is a shame to see that happen as the walls look quite nice. And speaking of looking nice, as you can see, the blankets, as they call them, are being installed and there is going to be professional landscaping and sprinklers finally installed on the 55 Freeway as part of this project. So over the next three or four months, to finish the project, there will be plants planted. We also worked with Cal Trans, and the City put in a little extra money, so the size of the plants would be increased. This will increase their chances of survivability and we'll have a better looking freeway a little quicker. Councilmember Coontz noted it has been forty years since the freeway has been built and we never did have any landscaping, so this is really a first for the City of Orange. This is extremely important that we move in on this issue. PAGE 9 CITY COUNCIL MINUTES January 22, 2002 5. REPORTS FROM COUNCIL MEMBERS (Continued) Councilmember Slater further reported there were quite a few City Departments involved with this process. Not only Public Works, but the Police Department sat in on our meetings and assisted with detours. The Fire Department also sat in on our meetings. Particularly, I would like to thank our Public Works Director, Harry Thomas, and some of his staff members. Dennis Schmitz and Howard Morris participated heavily. Also, Bill Selman came along at a very critical point. We found out that Cal Trans planned to close the Katella northbound off-ramp entirely for several months. So with Bill Selman's help and perseverance, he talked them into keeping it open. It was certainly backed up with one lane but it would have been disastrous if there hadn't been an off-ramp between Chapman and Nohl Ranch Road during that time. Councilmember Coontz noted Bill Selman's strength in the business community helped and he was willing to go all the way to the top in the State if Cal Trans didn't cooperate. He was a great help. She also reported on the Park & Ride lot at Lincoln and Tustin, which is a separate contract. It will be refurbished and there will be new landscaping and sidewalk, which has really been something that we've wanted for a long time. What Orange has done is set a new standard for City involvement in regional projects. Early on, I initiated meetings with the District Director of Cal Trans, a higher level. We're on our third Cal Trans District Director, and this one I believe is permanent. I recently invited Mayor Murphy to join me in those meetings we regularly have. Harry Thomas, Public Works Director, is a part of those meetings and we rely heavily on his expertise. We're there to keep reminding Cal Trans about the things that they haven't done. And I think they do appreciate our reminders. So these meetings cover a broad range of transportation issues and I think we can congratulate Cindy Quon the new Cal Trans District Director, for her good attention to all of the issues. There are some ongoing issues, so even though we have this opening, there are other issues. We have been a great team, but the work is not finished. Some of these issues are the landscape maintenance. We're putting the plants in but we want to be sure they are well taken care of. And land parcels - at the time the work was being done on the 5 Freeway, we realized there were a lot of excess parcels. Many of them, about thirty on the 5 Freeway, and fewer on the 55, need to be dealt with. But I think we've made a lot of progress and what we've done is set the stage for future projects between Cal Trans and OCTA and especially for the SR-22 widening. The Cal Trans District Director indicated last week, the SR-22 project will include participation and planning by elected officials of cities impacted by construction. It's really the first time that they've ever done that. Maybe OCTA learned from the Centerline project that that is a necessity. So we started a new era of cooperation and we're all looking forward to the grand opening and continued meetings with Cal Trans and OCT A. Off Agenda Items Mayor pro tem Alvarez reported he will be agendizing for a future meeting, a discussion of Proposition 40, the California Clean Water, Clean Air, Coastal Protection and Safe Neighborhood Parks Bond Act. PAGE 10 CITY COUNCIL MINUTES January 22,2002 5. REPORTS FROM COUNCILMEMBERS (Continued) Mayor Murphy asked the City Manager to bring back a report on cost estimates for televising the Planning Commission, Traffic Commission and Park Planning and Development Commission meetings. He noted the equipment is already in place, and additional costs would be for staff, and suggested a possible partnership with students at local schools, as it would be a good investment for public awareness. Councilmember Coontz spoke on the problems with funding for cable channels and the need for research into some of these issues. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None. 7. ADMINISTRATIVE REPORTS - None. 8. REPORTS FROM CITY MANAGER TAPE 2875 8.1 Status report on the John Wayne Airport Settlement Agreement. (T2200.1.1.B) The City Manager provided an update on the public outreach efforts on the John Wayne Airport Settlement Agreement. After three mailing efforts, from six cities, that targeted only the instrument guided flight paths, over 14,000 responses have been generated requesting additional information or offering support for this effort. The next phase will be to send letters directly to the respondents requesting their immediate action to complete post cards and send them directly to their Supervisors, encouraging the Board of Supervisors immediate action to approve the extension agreement. This is a lot of work but is necessary for an effort that is so important to our citizens who will be so negatively impacted should this agreement not be approved. These last letters will be sent out over the next few weeks, and it is the City's hope that the County is able to agendize this matter for the February 26 Board meeting. He provided a substitute Resolution for consideration which supports the efforts of the Orange County Board of Supervisors and encourages the City of Newport Beach to evaluate a possible extension of the current Settlement Agreement. Councilmember Coontz wanted to ensure that the press received a copy of the substitute resolution and noted that representatives from Orange should attend the Board of Supervisors hearing. The City Manager noted that all six jurisdictions had the opportunity to visit with the Supervisors and express their concerns on this issue. PAGE 11 CITY COUNCIL MINUTES January 22, 2002 8. REPORTS FROM CITY MANAGER (Continued) Mayor Murphy stated, from meetings he has attended, that he was encouraged by the responses from the Supervisors he has talked with in recognizing the importance of extending the agreement and insuring that we don't go to any overnight operations or any of the expansion possibilities that might occur without that Agreement in place. Mayor pro tem Alvarez stated he had looked at resolutions from other cities, which are posted on the City of Newport Beach website, and spoke on the importance of drafting a resolution which is consistent with the other cities. The original resolution was leaning towards the support of an airport expansion, whereas what Orange really supports are the restrictions which are in place at this time. He spoke on the Settlement Agreement and the new substitute resolution which lends the City's support to the efforts by the six City Managers. He wanted to ensure that we support any efforts to minimize the impacts of John Wayne Airport, and the new substitute resolution really mirrors what the other cities, such as Santa Ana and Tustin, are doing. He spoke on the importance of removing a paragraph from the original resolution which talks about additional gates and passengers. In referring to the Settlement Agreement and the EIR, what we don't want to do is support the expansion of the Airport, and neither document puts a cap on how many times we can expand this airport. Therefore, he did not want to see support of any expansion, because we don't know if caps can be put on. It is safer to endorse the substitute resolution and agree that we would like to see the standards and restrictions that are in place right now. Mayor Murphy noted the direction at this time is to make sure there is a current resolution in place reflecting the support of the Council in trying to sustain an extension of the current Settlement Agreement, which obviously affords such things as no overnight flights and the other things we have come to expect as a part of the current operation. He noted the new substitute resolution is much briefer and more straight forward. Councilmember Coontz noted that all the City Managers involved in this had concluded that Scenario 1 was environmentally superior and has the lowest impact of all the alternatives. That was the original message being brought to the Board of Supervisors, and given that we have weakened the resolution and are not as specific with the new resolution, she asked for clarification on why the City Managers decided on Scenario 1 and if the other cities have eliminated this scenario. The City Manager stated that based on the information provided over the last several months, the information that was carried to the Board of Supervisors and the information contained in EIR 582, which is the study of the extension of the current agreement under a variety of scenarios, the substitute resolution still works because it leaves it to the City of Newport Beach, the recognized municipality, to negotiate with the County on evaluating the extension of the John Wayne Airport Settlement Agreement, and consider the impacts of the extension on the communities within the John Wayne Airport corridor. The previous resolution more specifically identified certain portions of that. PAGE 12 CITY COUNCIL MINUTES January 22, 2002 8. REPORTS FROM CITY MANAGER (Continued) With regards to the issue of supporting no expansion, he felt he has been clear from the beginning, and the EIR demonstrates, that a no expansion alternative has never been considered. The reason it was not considered, although it is desirable, is that after the Agreement was made in a settlement between the County and Newport Beach from a lawsuit, the federal law changed regarding a local area being able to designate curfews. A new airport can no longer do that, which stands to be injeopardy. Also, the FAA, as well as the commercial airlines, have an opportunity to influence and have an impact on this extension. The commercial airlines have already come on board saying they want full use of that airport 24 hours a day with no restrictions on expansion. Anticipating that, a lot of work was done, and the six cities discussed what the opportunity might be to get an expansion without any increase or change in the agreement. It was felt there was no opportunity and all the cities reconciled to the fact that the only way to get a settlement was to have some level of expansion, otherwise we would be guaranteed almost complete failure. Scenario 1 is the least impact and is an expansion over a longer period of time. That is why this scenario was recommended, but the substitute resolution will work. It should be recognized, however, that a zero expansion opportunity does not exist and is not under consideration. The likelihood of it succeeding was not probable. Councilmember Coontz asked about mailings sent out by the six cities, which indicated Scenario 1 and were paid for by Newport Beach, and if supporting this substitute resolution would throw a wrench into the mailings. The City Manger stated it would not cause a problem and does not negate any information that has been sent. Mayor pro tem Alvarez provided copies of the resolutions from Santa Ana and Tustin and it was his understanding that Villa Park will be voting on this issue that tonight. These resolutions are consistent with the proposed substitute resolution. He also noted that in the Settlement Agreement, in Paragraph 40, the Agreement was established not only for the restrictions at John Wayne Airport but also to establish a direction for the County. Paragraph 40 talks about how the County was to take that Agreement and go out and find another airport site. As we know now, looking back, EI Toro was the site that was settled on. He did not want to get into a discussion on EI Toro but focus on what they want to see happen at John Wayne Airport. Mayor Murphy noted the reason this was brought forward was to make sure that the resolution in place was active and updated and consistent with the messages that were being sent out that the City Manager was authorized to put out. It has no connection to EI Toro, and there is no intent for any connection or implication to EI Toro. He wants to make sure the message is consistent with what they are doing and with the importance of getting the extension on John Wayne Airport locked down. PAGE 13 CITY COUNCIL MINUTES January 22, 2002 8. REPORTS FROM CITY MANAGER (Continued) The City Manager clarified that in the messages and discussions among the City Managers, it was very clear there is no tie between this and EI Toro, and all messages delivered to each Supervisor, whom they know have different opinions on EI Toro, indicated the extension of this agreement is not tied to EI Toro in any manner whatsoever. The main effort is to get an extension of this Agreement, so that we are protected with the minimum amount of impact. The law changed after that agreement was signed and there are a lot of other factors the County can take into consideration, and we are subject to what they desire. Councilmember Slater asked Mayor pro tem Alvarez if he could not support the original resolution - to which Mayor pro tem Alvarez indicated he could not, as he felt it was really supporting an expansion. Councilmember Slater agreed they need to maintain a united front, and although the substitute resolution is more benign, he could accept either resolution. The original resolution spells out exactly what we're doing, where we're going and where we've been, but will support the substitute resolution with a few modifications to the third paragraph. The Council agreed on changes to the third paragraph so that it reads - Whereas, noise from jet airplanes departing and landing at John Wayne Airport impacts residents, businesses and schools within the airport flight paths. Mayor pro tem Alvarez provided copies of the resolutions from other cities to the City Clerk. RESOLUTION NO. 9561 (Alternate) A Resolution of the City Council of the City of Orange expressing the City's concerns regarding airplane noise at John Wayne Airport and supporting the efforts of the Orange County Board of Supervisors and the City of Newport Beach to evaluate a possible extension of the current John Wayne Airport Settlement Agreement. MOTION - Murphy SECOND - Alvarez AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche Moved to adopt Alternate Resolution No. 9561 with the modifications to paragraph 3 as noted. 9. LEGAL AFFAIRS TAPE 3785 9.1 ORDINANCE NO 1-02 (FIRST READING) (A2500.0 Purchasing) An Ordinance of the City Council of the City of Orange amending Chapter 3.08 of the Orange Municipal Code relating to amendments to public work contracts. Mayor pro tem Alvarez clarified that in increasing the scope of the City Manager's authority for these contracts, this can also be done with change orders up to $30,000. PAGE 14 r CITY COUNCIL MINUTES January 22, 2002 9. LEGAL AFFAIRS (Continued) MOTION - Coontz SECOND - Slater AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche Moved that Ordinance No. 1-02 be read by title only and same was set for second reading by the preceding vote. 10. NOTICED HEARINGS TAPE 3875 10.1 PROPERTY ACQUlSITON BY EMINENT DOMAIN, 2245 WEST CHAPMAN AVENUE: (A2100.0-AGR-3930) This noticed hearing has been continued from January 8, 2002 on resolution of necessity to acquire a strip of land for the West Chapman Avenue Widening Project. The City is seeking a strip of land in fee of approximately 1,429 square feet along with a temporary construction easement There are no buildings located on this strip of land. 2245 West Chapman Avenue Assessor Parcel Number 39-372-09 Property Owner: UItramar, Inc., a Nevada Corporation The City Attorney submitted copies ofa memo from his office, dated January 14,2002, outlining responses to a letter from Attorney Brant Dveirin, who objected to the proposed Resolution of Necessity. RESOLUTION NO. 9557 A Resolution of the City Council of the City of Orange declaring the public interest and necessity of acquiring certain real property located at 2245 West Chapman Avenue and authorizing the acquisition thereof. MOTION - Alvarez SECOND - Slater AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche Moved to adopt Resolution No. 9557. 11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY PAGE 15 CITY COUNCIL MINUTES January 22, 2002 12. RECESS TO CLOSED SESSION The City Council recessed at 6:35 p.m. to a Closed Session for the following purposes: a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6: City Negotiator: Personnel Director Steven Pham Employee Group: Top Management b. Public employee performance evaluation pursuant to Government Code Section 54957: City Manager c. 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. TAPE 4000 14. PUBLIC HEARINGS 14.1 TENTATIVE TRACT MAP NO. 16218; MAJOR SITE PLAN REVIEW NO. 185- 01; CONDITIONAL USE PERMIT NO. 2372-01; VARIANCE NO. 2098-01; MITIGATED NEGATIVE DECLARATION NO. 1670-01; BRANDYWINE DEVELOPMENT CORPORATION The public hearing to consider a request from Brandywine Development Corporation for construction of a 2l-lot gated single family planned unit development at 1740 Bolingridge Drive (Bolinger Estate), involving the subdivision and grading of approximately 5.4 acres of land; on- site circulation consisting of a private loop road.; common open space for the project provided by four lots (total 1.63 acres); and including the demolition of an existing single family residence and assorted accessory structures and removal of much of the existing vegetation, was continued to this time from October 9, 2001. Mitigated Negative Declaration No. 1670-01 and a Mitigation Monitoring Program have been prepared for the proposed project in accordance with the California Environmental Quality Act. NOTE: A letter was received January 15, 2002 requesting a continuance of this public hearing to the Council meeting of March 12,2002 at 7:00 p.m. Bob Mickelson, P. O. Box 932, Orange, representing the Applicant, stated that since the time they originally requested the continuance, more changes have been made to the project than anticipated, and staff determined there were enough changes that the environmental document needed to be re-circulated. PAGE 16 ----- --- r- CITY COUNCIL MINUTES January 22, 2002 14. PUBLIC HEARINGS (Continued) MOTION - Alvarez SECOND - Coontz AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche Moved to continue to March 12,2002 at 7:00 p.m. TAPE 4150 14.2 UNDERGROUND UTILITY DISTRICT NO. 15, WEST CHAPMAN AVENUE: (C2500.M.13) Time set for public hearing to consider the designation and adoption of Underground Utility District No. 15 requiring the removal of poles, overhead wires, and associated overhead structures, on property generally located on West Chapman Avenue from Bitterbush Street to Main Street. The Director of Public Works reported this underground utility project will precede the Chapman Avenue street widening project, and the district needs to be formed at this time so that the Edison Company can initiate the design. They anticipate the total process to take approximately 24 months. The City recently received $200,000 in Rule 20A allocation funds from the County under the terms of the Theo Lacy Settlement. With those funds, and the annual allocation of approximately $460,000, there is now enough money for Edison to begin the design. The Edison Company will administer the contracts and oversee the construction. In addition, the City is responsible for the funding of street lights, which will be part of the street widening project. There are about 10 businesses that will have to covert their existing overhead service lines to underground service. Rule 20A funds will pay for this conversion as long as the businesses utilize a standard conversion with no upgrade in service. Any upgrade in service would be the responsibility of the property owners. Council Questions Councilmember Coontz asked if staff anticipates the completion on time given the past utility problems along the 55 Freeway and the status of Edison. The Director of Public Works indicated it can be problematic, as it also involves Pac Bell and Time Warner, but they will maintain tight controls along the way. Councilmember Cavecche asked about the fiscal impact and specific designs of the street lighting. The Director of Public Works indicated they anticipate the street lights to be similar to others in the area, but if they change to theme lighting, the standard lights can be utilized in other places throughout the City. PAGE 17 1- - ------- CITY COUNCIL MINUTES January 22, 2002 14. PUBLIC HEARINGS (Continued) Mayor pro tem Alvarez asked if this will be affected with the West Chapman Uptown Project. The Director of Public Works indicated the only future impact that could occur would be if raised medians are installed. However, there is a type ofraised median that has been used where they do not have to tear up the entire street to install it. Councilmember Coontz indicated it would be a good idea to revisit the West Chapman Project, because of the length of time which has passed since it began. Councilmember Slater stated it was nice to see more improvements along West Chapman, and this will be a significant one. MAYOR MURPHY OPENED THE PUBLIC HEARING THERE BEING NO SPEAKERS, MAYOR MURPHY CLOSED THE PUBLIC HEARING RESOLUTION NO. 9560 A Resolution of the City Council of the City of Orange establishing the area ofthe City generally located on West Chapman Avenue from Bitterbush Street to Main Street as Underground Utility District No. 15. MOTION - Alvarez SECOND - Slater AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche Moved to adopt Resolution No. 9560. 15. PLANNING AND ENVIRONMENT - None. 16. ADJOURNMENT MOTION - Cavecche SECOND - Slater AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche The City Council adjourned at 7:35 p.m. to an Adjoumed Regular Meeting on January 29, 2002 at 4:30 p.m. in the Weimer Room for a Study Session on the Library and Community Foundations. (~44~~ CASSANDRA J. HCART, CMC CITY CLERK Ill) t--1YJ1 --4;1/ MARK A. tiiii.fiy- MAYOR PAGE 18 ------1