HomeMy WebLinkAbout1_22_2002 - Council MinutesAPPROVED 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 Przysiecki - 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 EI Modena Branch Library two days a week.PAGE 1
T--
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 of said 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
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 MaintenanceInc.
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 beavailable 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 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 NEP A.
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 IMP ACT:
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, CaveccheItems 3.9 and 3.
11 were withdrawn from the Agenda. Item 3.12 was removed and
heard separately. All other
items on
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 of residency 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 ofthe date
of the 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 ofthe Orange Park Acres Committee that could be advisory to
staff, but
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,
OCTA 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 OCTA 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 LaVeta 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 OCTA and Cal Trans - Sandy Friedman, Julie Toledo and Kara Veale for
their efforts.They did an excellent job in working with the
School District.
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 ofthe 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 Sheriff s 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 COUNCILMEMBERS (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
ofthe 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
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 ofthese 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
T ----~-~,._-
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 ofthat.
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 in jeopardy.
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 ofthe 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
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 ACQUISITON 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 ofland 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 of a 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 ofthe 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 gradingof approximately 5.4
acres ofland; 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
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 ofthe 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
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 of raised 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 of the 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 Adjourned 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.CASSANDRA J. HCART, CMC CITY CLERK
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