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HomeMy WebLinkAboutCC Min 1996-05-28 5-21-96 / 5-28-96 Mrs. Hastings was declared Mayor pr~Tem for 1996/97. PROCLAMATION Mayor Forsythe proclaimed May 27, 1996 as "U. S. Submarine Veterans, W. W. II Day." The proclamation was read in full by the husband of Councilmember Campbell, Lt. Col. Donald Campbell, Retired. I ORAL COMMUNICATIONS Mayor Forsythe presented a Seal Beach gavel plaque to Councilmember Hastings for her services to the community as Mayor for 1995/96. She noted the numerous meetings and obligations that go with the position, also called attention to the fact that Councilmember Hastings most certainly met one of her goals this past year with the construction and now operational Community Safety Building. Councilmember Hastings accepted the plaque with appreciation. Councilmember Hastings mentioned the open house taking place this evening at the new Mitchell Plaza, suggested that the citizens take a few minutes sometime soon to go through this wonderful new addition to Seal Beach, and wished the owner, Mr. Dick Mitchell, best wishes. There being no further comments, Mayor Forsythe declared Oral Communications closed. ADJOURNMENT , It was the order of the Chair, with consent of the council, to adjourn the meeting until Tuesday, May 28th at 6:30 p.m. to meeting in Closed Session. By unanimous consent, the meeting was adjourned at 7:29 p.m. the I Approved: -~~~.~~:f~ Attest: Seal Beach, California May 28, 1996 The regular adjourned city Council session scheduled for 6:30 p.m. this date was cancelled due to the lack of Closed Session I items requiring discussion. .. I I I I l. . :".' 5-28-96 Seal Beach, California May 28, 1996 The city Council of the city of Seal Beach met in regular session.at 7:00 p.m. with Mayor Forsythe calling the meeting order with the Salute to the Flag. ROLL CALL Present: to Mayor Forsythe Councilmembers Brown, campbell, Hastings Absent: Councilmember Fulton Brown moved, second by Campbell, to excuse the absence of Councilmember Fulton from this meeting, as he requested. AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Hastings None . Fulton Motion carried Also present: Mr. Till, city Manager Mr. Steele, Assistant City Attorney Mr. Badum, City Engineer/Director of Public Works Mrs. Yeo, City Clerk APPROVAL OF AGENDA Mayor Forsythe requested that Item "M", city council minutes, be removed from the Consent Calendar to allow Councilmember Campbell to abstain from voting on that item. Hastings moved, second by Brown, to approve the order of the agenda as revised. AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Hastings None Fulton Motion carried COMMUNICATION - LOCAL CABLE PRODUCERS - FRANCHISE AGREEMENT Ms. Terri Quinlan, local access producer, read a communication from the local access cable producers, as requested by the Council, setting forth their thoughts and concerns with regard to the upcoming review and renewal of the cable franchise agreement, asked that their comments be provided the cable franchise consultant, and that a committee of three public access producers be provided the opportunity to meet with the consultant to discuss their comments in greater detail. She noted that the agreements, amendments and ordinances relating to Chapter 23A of the Code have been compiled into a resource book and is available upon request. with regard to a brief meeting with the consultant prior to this meeting, Ms. Quinlan reported the consultant had indicated that the current trend is that many franchisees are terminating public access in communities, therefore suggested that strong support to maintain public access be sought from the city Council. At the invitation of Mayor Forsythe, Mr. Carl Pilnick, the selected cable consultant, responded to the question posed by the Mayor as to whether the passing trend of public access is specific to Comcast Cable or with other cable companies as well, stating that the 1984 Cable Act was adopted after this City's franchise agreement, the terms and conditions of that agreement are grandfathered and provides that when renewing a franchise one can still negotiate with the cable company to acquire monies or access equipment, facilities and channel capacity, yet under the Act one can not require the cable company to pay operating expenses, they may volunteer however if they decline, which the large cable companies are doing, that poses a situation where even though some money may 5-28-96 be realized from the cable company it is restricted to equipment only, and even after negotiating those monies, the cable company may decide to close the public access studio, taking away all of their support. In that case the operating money would need to come from another source and typically the only source is the city, or a city would have the choice to use part of the franchise fees or other general funds to support government, I educational and/or public access. He noted the problem is that many of the existing franchises were awarded as a result of competitive bidding with a number of companies making generous offers to acquire the franchise, and once they establish in a community it is difficult to remove them. Mr. Pilnick explained that when the system is rebuilt it will be a two-way system which changes the priority for government and educational access in that most cities have not used one-way systems very effectively, nor have school districts. He explained that with a two-way system cities and school districts are looking at services that can cut costs, such as an electronic city hall program that can be used to make certain services available without having to access city offices yet a fee can be charged for providing those services, the schools looking at situations of one teacher teaching six different schools or classrooms simultaneously. He said in his conversation with Ms. Quinlan he pointed out that of the three categories public access thus far has been the highest priority and has received the majority of funding as they have been the active category, however with the two-way system it will be necessary to look at the demand for funding as it relates to government and educational access as well, and clarified that his intention was not to say public access would be eliminated, rather, that the city may need to look at assuming the responsibility for paying operating expenses as well as equitably sharing the monies received for I equipment. Mr. Pilnick again stated that once a franchise is granted there is no longer competition between companies, however the Telecommunications Act theoretically opens the barriers so that telephone companies can offer video services, thus there becomes a competition with cable companies and cable companies can offer telephone services, the big companies in both industries having indicated their intent to compete, however Mr. Pilnick expressed his doubt of that given the buyouts and mergers that have taken place since enactment of the Act as well as the uncertainty at this point as to whether there is adequate revenue to support two expensive fibreoptic networks in any given area, unfortunately there may be more monopoly than less. To the comment of Mayor Forsythe that if the needs of the City are not met through the franchise renewal negotiation process, the city could then seek another provider, Mr. Pilnick said he did not think that would be viable as he did not believe that any other provider will be interested, no matter the number of requests that are made, as a cable company traditionally will not come into a community where there is an existing cable firm, particularly a large company as is Comcast, and build a second network, which is generally more expensive than the first, and then try to lure the customers away from the initial provider, to which he used the example of San Diego having received no affirmative interest from a field of one hundred cable I providers. Mr. Pilnick offered however that what could be anticipated is a franchise agreement that will be as good or better than those of other comparable communities, on the other hand there is nothing that obligates the City to accept an unsatisfactory offer from Comcast, some cities have even allowed their franchise to run in the interim on a month to month basis, which does not get the existing company out nor another company in, yet is often a problem for the franchisee in terms of their financing arrangements. The council' extended appreciation to Mr. Pilnick for his comments. I I I . ) i f t '~'.' ~ ;.. ':J~" t; ~ ~. ~ I, ; : &; ......, . . .. . 5-28-96 PRESENTATION - SANE - ESSAY CONTEST WINNERS Mayor Forsythe introduced Officer Rick Paap as a well known individual at the elementary school who frequents the 4th and 5th grade classrooms teaching the children how to say no to substance abuse, the children have confidence that this Officer is intelligent, friendly, a smiling face, while he demands their respect and instills something that will remain with them always. Officer Paap noted his involvement with the SANE program for the past six years and commended the efforts of the School District and the professional educators. He reported there were one hundred forty 5th grade participants in the recent essay contest with the theme of 'What SANE Means To Me', the Police Chief then had the difficult task of choosing the winners. Officer Paap introduced the winners, Nicole Hammersley and Noel Madrid, who read their essays in full. Chief Stearns commended the thought and effort that went into all of the essays, the winners and participants good examples of the SANE program, and noted that Nicole and Noel have won a trip to Disneyland. He expressed appreciation to the many people and organizations that made contributions to the SANE program throughout the year. Nicole and Noel were congratulated by all present. RESOLUTIONS NUMBERED 4462 and 4463 - HONORING MICHAEL RONALD MOORE and PATRICK CHARLES WILLIAMS - BOY SCOUTS EAGLE AWARD and RESOLUTIONS NUMBERED 4464. 4465. 4466. 4467 and 4468 - HONORING DANYEL BROOKS. KAILE CROWELL. TRISHA ERICKSON. CHELSEA EPPS and ANGELINA FERRETTI - GIRL SCOUTS SILVER AWARD Mayor Forsythe read excerpts from each of the commending Resolutions. Brown moved, second by Campbell, to adopt Resolutions Numbered 4462 through 4468 as presented. AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Hastings None Fulton Motion carried ORAL COMMUNICATIONS Mayor Forsythe declared Oral Communications open. Ms. Fran Johnson, Coastline Drive, reported that the Los Alamitos Race Track has offered to donate a portion of each Saturday night entry ticket to the Animal Care Center, in between each horse race there will be a 'Wiener Dog Race' with elimination of the contestants until a winner is declared, and invited all to attend. She announced also the Strawberry Fest to be held the following Sunday at the pier to also benefit the Center. Mr. Rob Roy, public access, expressed appreciation for the attendance of the Council at the open house held the past Saturday. He announced also that the Seal Beach local origination group has been chosen to be a judge for the hometown video awards, their category being municipal broadcasts, and expressed enthusiasm as to what other cities are doing with their cable companies and equipment relating to the government and educational channels that is not being done in Seal Beach. There being no further comments, Mayor Forsythe declared Oral Communications closed. COUNCIL ITEMS APPOINTMENT - PLANNING COMMISSION - DISTRICT FOUR Councilmember Campbell nominated Dr. David Hood as the District Four Planning Commission representative for the full term of four years expiring July, 2000. She noted that Dr. Hood is a professor of history at Long Beach State and was the founder of Boy Scout Troop 642. Campbell moved, second by Brown, to approve the apppintment. 5-28-96 AYES: NOES: ABSENT : Brown, Campbell, Forsythe, Hastings None Fulton Motion carried RESOLUTION NUMBER 4469 - MAYORAL APPOINTMENTS Resolution Number 4469 was presented to Council ent'itled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH I CONFIRMING APPOINTMENTS MADE BY THE MAYOR OF REPRESENTATIVES TO VARIOUS BOARDS, AGENCIES AND ORGANIZATIONS, ASSIGNING CERTAIN DUTIES TO COUNCILMEMBERS AND REPEALING RESOLUTION NUMBER 4389." By unanimous consent, full reading of Resolution Number 4469 was waived. Mayor Forsythe asked that Councilman Brown remain as the active representative to the Sanitation District, and requested that the remaining appointments contained within Resolution Number 4469 be held over until Councilman Fulton is present. Councilman Brown inquired if the appointments to the Orange County Fire Authority should be included in this Resolution. By unanimous consent, Resolution Number 4469 was held over to a future meeting. CONSENT CALENDAR - ITEMS "L" thru "0" Brown moved, second by Hastings, to approve the recommended action for items on the Consent Calendar as presented, except Item "M", removed for separate consideration. L. Approved the waiver of reading in full of all ordinances and resolutions and that consent to the waiver of reading shall be deemed to be given by all Councilmembers unless specific request is made at that time for the reading of such ordinance or resolution. I Approved regular demands numbered 12553 through 12641 in the amount of $144,898.69 and payroll demands numbered 16896 through 17080 in the amount of $243,632.59, and authorized warrants to be drawn on the Treasury for same. o. Received and filed the status report relating to the Housing Element Revision, and instructed staff to forward same to the Planning Commission for information purposes. N. P. Approved second reading and adoption of Ordinance Number 1403 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING CHAPTER 28 (ZONING ORDINANCE) OF THE SEAL BEACH MUNICIPAL CODE AMENDING SECTIONS 28-701 AND 28-801 TO CHANGE SIDE SETBACKS ABUTTING AN ALLEY FROM 4 FEET TO 15% OF THE LOT WIDTH AND ESTABLISHING SETBACK REQUIREMENTS FOR A GARAGE ABUTTING A SIDE ALLEY (ZONE TEXT AMENDMENT 96-4)." By unanimous consent, full reading of Ordinance Number 1403 was waived. I Q. Adopted Resolution Number 4470 entitled "A RES~LUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, PROVIDING AUTHO~IZATION TO SIGN DEMANDS AND CHECKS FOR THE WITHDRAWAL OF FUNDS ON DEPOSIT WITH THE BANK OF AMERICA, AND FIRST INTERSTATE/ WELLS FARGO BANK, AUTHORIZING ALTERNATE SIGNATURES, AND RESCINDING RESOLUTION NUMBER . ,. . .:,.......:#0.. . r , 5-28-96 4423." By unanimous consent, full reading of Resolution Number 4470 was waived. AYES: NOES: ABSENT : Brown, Campbell, Forsythe, Hastings None Fulton Motion carried II ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "M" - CITY COUNCIL MINUTES Brown moved, second by Hastings, to approve the minutes of the May 13, 1996 regular meeting and the May 21, 1996 regular adjourned meeting. AYES: NOES: ABSTAIN: ABSENT: Brown, Forsythe, Hastings None Campbell Fulton Motion carried I POLICE DISPATCH CONSOLIDATION I 800 MHz RADIO SYSTEM I FINANCING PROCEEDINGS I FORMAL AGREEMENT The City Manager explained that this item pertains to the . proposed new countywide police dispatch radio system, each city moving towards the 800 MHz which should be constructed and operational within one and a half to two years. He noted in February of this year the Council approved in concept a proposal to participate and acquire the. equipment to do so, the approval in concept contingent upon acquiring a funding source, the cost of approximately $730,000, payable over a five year period, would otherwise need to be funded by the city's reserves which are not adequate to cover such a cost. He advised that since that time there has been opportunity to work closely with the cities of Los Alamitos and Cypress to develop a joint dispatch plan, the 800 MHz system to be housed at the Seal Beach Police Department, that through the creation of a separate entity operating within the Police Department where dispatch services would be performed for all three agencies with the latest and best dispatching equipment and professionally trained personnel. The Manager stated that the study that has taken place over the past three months, building upon a prior study, drew the conclusion that consolidation of dispatch is feasible, will provide greater safety for the police officers and the public, will be more efficient, will result in a one-time saving of about $60,000 for the 800 MHz equipment and an anticipated annual saving of a like amount in the area of operations which, in turn, can be used for the debt service. He noted that through the creation of a Joint Powers Authority a bond financing program of approximately $33 million will be issued at a favorable interest rate somewhere in the low four percent range, averaging about 5.8 percent over the fifteen year bonded period. He pointed out that in the case of Seal Beach the total bonding is proposed to be $1.3 million, $762,228 to cover the 800 MHz system and additional monies for capital improvements such as the beach restrooms and improved. access,. lighting and landscaping between the beach parking areas and the downtown business district and optional improvements that relate to and are proposed through the Main Street Specific Plan. The Manager explained that the annual payment will be $135,000, $85,000 for the 800 MHz system, $50,000 for the other improvements, noted a requirement of the financing plan that a reserve fund be established, however those monies will be invested with the interest applied to the debt service thus reducing the annual payment over. time. He described the documents presented for Council consideration. At the request o~ Councilmember Hastings, the. Manager explained that Ordinance Number 1404 provides for the leasing of City property, specifically the Police Station,.to the Count ywide, Public Financing Authority I 5-28-96 which is being formed to assist Seal Beach and eleven. other cities with the financing for the 800 MHz system through the issuance of revenue bonds, which are secured by the rental payments under the lease. The Manager assured that the Police Station is not being used as collateral or a guarantee for the bonds, and in the case of a default payment would be sought through the General Fund or litigation rather than seizure of the property, the station being used for leaseback purposes only. The Assistant City Attorney confirmed that this is not a mortgage or traditional loan collateral situation, rather a lease/leaseback procedure that the legislature and the courts have permitted cities to enter into as a means of raising the revenues necessary to participate in this type of pooled countywide funding authority. To the question of councilmember Hastings as to how the monies will be realized to meet the debt service, the Manager said the specifics of that will be forthcoming with presentation of the budget, first of all one must look at whether there are efficiencies to be gained through the operation of the Police and other departments that could be applied to the debt service, and on the other side the financing will produce a reduction of the General Fund obligation, in other words the debt payment will be met through cost reductions, the financing mechanism, and hopefully some revenue enhancements. Mayor Forsythe asked if the other two participating cities would be making a monthly contribution towards the use of the Police Station for the joint dispatch function. The Manager responded that this is an arrangement where one system will be constructed rather than three and the total operating costs will be shared at a reduced level. As to the location of the system in the Police Department, the Chief said the intent is to locate a structure atop the existing salleport area, by doing so no space will be lost from within the existing facility, and the construction costs will be shared by the three participating cities. RESOLUTION NUMBER 4471 - APPROVING CITY PARTICIPATION - CONSOLIDATED POLICE DISPATCH; RESOLUTION NUMBER 4472 - AUTHORIZING JOINT POWERS AGREEMENT - COUNTYWIDE PUBLIC FINANCING AUTHORITY: and RESOLUTION NUMBER 4473 - APPROVING FINANCING PROCEEDINGS I ISSUANCE OF BONDS - 800 MHz COMMUNICATIONS SYSTEM Campbell moved, second by Hastings, to adopt Resolution Number 4471 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, APPROVING THE CITY'S PARTICIPATION IN A CONSOLIDATED POLICE DISPATCH CENTER WITH THE CITIES OF LOS ALAMITOS AND CYPRESS"; Resolution Number 4472 entitled "A RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT EXERCISE OF POWERS AGREEMENT CREATING THE COUNTYWIDE PUBLIC FINANCING AUTHORITY"; and Resolution Number 4473 entitled "A RESOLUTION APPROVING FINANCING PROCEEDINGS FOR THE CITY'S SHARE OF THE COUNTYWIDE 800 MHz COMMUNICATIONS SYSTEM AND/OR TO FINANCE OTHER CAPITAL IMPROVEMENTS WITHIN THE GEOGRAPHIC BOUNDARIES OF THE CITY, APPROVING ISSUANCE OF REVENUE BONDS BY THE COUNTYWIDE PUBLIC FINANCING AUTHORITY FOR SUCH PURPOSE, AND APPROVING RELATED DOCUMENTS AND OFFICIAL ACTIONS." By unanimous consent, full reading of Resolutions Numbered 4471, 4472 and 4473 was waived. AYES: NOES: ABSEIJT: Brown Campbell, Forsyt~e, Hastings None Fulton Motion carried ORDINANCE NUMBER 1404 - APPROVING PUBLIC LEASE BACK - SEAL BEACH POLICE FACILITY - COUNTYWIDE PUBLIC FINANCING AUTHORITY Ordinance Number 1404 was presented to Council entitled "AN ORDINA~CE APPROVING THE PUBLIC LEASE BACK OF CERTAIN FACILITIES WITH THE COUNTYWIDE PUBLIC F!NA~CING AUTHORITY." By unanimous I I I I I I , ' , ;l~-:!' J 5-28-96 , , consent, full reading of Ordinance Number 1404 was waived. Hastings moved, second by Brown, to approve the introduction of Ordinance Number 1404 and that it be passed to second reading. AYES: NOES: ABSENT: Brown, Ca~pbell, Forsythe, Hastings None Fulton Motion carried ESTABLISHING ORANGE COUNTY COUNCIL OF GOVERNMENTS The City Manager explained that this item, continued from the May 13th meeting, pertains to the proposed formation of a Council of Governments for Orange County, intended to be a means for cities to colle9tively and cooperatively have a greater voice in decisions at the SUb-region level, and to embark upon some of the studies and. reports that are required, and to become eligible for some of the grants that are available to Councils of Governments and agencies that are working on regional issues as opposed to cities having to pay for such studies individually and presumably at a h~gher cost. He noted this proposal is basically an.effort on the part of cities to. respond. to problems, concerns and issues that extend beyond the boundaries of a city while not binding the city to any financial'commitment or decision made by another authority outside the jurisdiction. The Manager. noted that question had been raised as to how strong a voice would the City have if it were to join the Council of Governments, the staff report attempting to answer that concern as to the composition o~ the proposed Board of Directors. Mayor Forsythe indicated that her concerns were unchanged, and although the Council of Governments is said to not be another level of government it will consist of another group of representative from different agencies and affiliations that. will meet to discuss regional needs, her primary concern is' that Seal Beach will not be directly represented, Seal Beach needs and concerns are unique to other cities in orange County, a specific concern is the number of voting delegates from SCAG, twelve of the twenty-one delegates, and the scope of work, plans and procedures adopted by this Council could adversely affect Seal Beach without a strong representative voice. Councilmember Hastings added her concern with representat~on, ten cities having no direct representation, and SCAG having the majority. Mr. Daryl Halls, Manager of Legislation and Policy Development for the Orange County Division of the League of cities, introduced Mr. Rick Bishop, regional consultant.to the League. Mr. Bishop noted that the issue of a Council,of,Governments.for Orange County, a COG, was meant for the County to better represent itself.within the region and has been on the table for more than twenty. years, surfacing once. again upon .the ." declaration of the County bankruptcy which has 9aused.a great deal of interest in restructuring, the County too has adjusted its approach to regional issues. Subsequent to the bankruptcy the League convened a restructuring super committee consisting of three SUb-committees, one to consider regional services delivery, another a county charter, another.looking at privatization of services and asset sales, and one of the things that came out of the super committee was the Council of Governments concept for the delivery of County as well as. local government services, the City Manager's also looked at issues of SCAG, SCAQMD, .and other regional issues, the Manager's recommended the formation of a COG, then the League Division adopted. the.'Super Committee recommendations which reinforced the recommendation of the City Manager's. Mr. Bishop stated that every. COG in the State was looked at, of which there are approximately twenty-five, particularly looking at those located in urban areas, Orange County the only.County in the six .county SCAG region that does.not have a COG,'which is a detriment in dealing with regional. and SUb-regional agencies and conveying 5-28-96 collective positions on activities that are of mutual concern. The COG survey attempted to identify the kinds of activities that a COG performs, the study of issues, assembling of information, the exploration of practical avenues for intergovernmental cooperation and action, to seek economies of scale in administration of governmental services, issues and activities proposed for Orange County that have not been assigned to any individual agency or jurisdiction however are important issues for Orange County to collectively address because if there is not a sUb-regional voice within the region then decisions are made without Orange County input. He noted that some of the activities that would be subject to the Orange County COG would be to work with SCAG, the Southern California Association of Governments, the regional agency that is mandated by State and Federal law to project long range growth forecasts, transportation plans, housing needs assessments, etc. that do impact local jurisdictions; be involved in Air Quality Management District activities and regulations, more specifically to move the District away from command control measures which dictate how local governments and jurisdictions should implement land use activities in order to meet State and Federal air quality emission standards, rather, move towards advanced technologies and marketing standards while continuing to promote economic development; development of demographic forecasts in Orange County, projecting housing, employment and dwelling units to about the year 2020, that information provided to SCAG as part of their development of regional growth forecasts, that information also important to local juriSdictions and agencies in developing and updating their general plans and zoning; establishing public facilities costs, this a very important task, performed by the County prior to the bankruptcy, has now been transferred to Cal State Fullerton and had it not been this type of information would be developed by the regional agency, SCAG, which, historically they have not been able to provide as accurate data as is desired; the COG would also deal specifically with legislation on regional and subregional issues, act as liaison with public and private sectors, and develop assessments of regional housing needs. Mr. Bishop pointed out that the COG proposed membership is very similar to that of the interim group, the Regional Advisory and Planning Council, consists of a twenty-one member Board, and given the six identified COG functions the Board membership has been developed around and maintains those that are interested in those functions, which he described in part as transportation, sanitation districts, water agencies, air quality, etc., the attempt being to reflect a consensus on those issues that are of interest to Orange County. He did explain that when looking at other COG's their memberships ranged from twelve to thirty- eight, comprised exclusively of elected officials representing cities or countie~, the proposed Orange County COG unique in that the membership attempts to tie into or be relative to the activities to be performed. The intent is to utilize existing staff from the various jurisdictions and entities to collectively deal with the various activities, there will be no required membership dues, rather, it is proposed to utilize monies made available to the County through the SCAG work program, through grants, voluntary member contributions, etc. The COG will enhance Orange County communication and input with SCAG and AQMD with regard to future plans as well as allow a voice into activities that are important to Orange County however not assigned to a specific County entity, the COG a means of conveying the interest of a number of other agencies, the COG will achieve significant cost savings through the coordination of common concerns, will establish Orange County cities as leaders, and again assured that this is not an additional layer of government. Mr. Bishop mentioned that as of May 28th twenty Orange County cities have adopted the COG I I I I I I 5-28-96 proposal. With regard to the benefit to Seal Beach, Mr. Halls said although the COG will be a regional agency it will also provide local opportunities such as the pursuit of grants and other funding sources, one example being the application for electric vehicle infrastructure funding that is presently being prepared and which the City will be a party to, opportunities with regard to demographics and regional housing needs assessments are other examples with the data currently being compiled at Cal state Fullerton, that data will then be forwarded to the City prior to being forwarded to the county and SCAG. Mr. Halls confirmed that he h~s spoken with other cities that, like Seal Beach, has no direct voice on the proposed COG, stated that some of the twenty approving cities do not have a seat on the Board, for all cities to be represented would mean thirty-one seats plus representatives from the other agencies which would equal an approximate forty member Board, of concern was the size of the Board, and the intent was to bring the agencies that are impacted by these types of planning activities into one forum in order to develop a true consensus on issues. He noted that Seal Beach does have opportunities to be represented on the Board, the Seal Beach SCAG district is comprised of three cities, the representative to the Board would be the individual from Los Alamitos, Huntington Beach being the third city and in the same local non-represented position as Seal Beach, however pointed out that an 'at-large city' seat was created in response to concerns of Huntington Beach and Irvine, additionally noted that the Sanitation District will have a representative on the Board and the local District representative could be chosen as that individual. Mr. Halls mentioned that there is a Technical component to the COG, Mr. Whittenberg the local representative thereto, and explained that issues and concerns may be presented to and considered by that committee. Recognizing the benefits yet mentioning the regionalism of the proposed COG, Mayor Forsythe cited housing requirement needs specific to Seal Beach as an example, and stated if those numbers are adopted by the COG, without direct city representation they could become a mandate upon Seal Beach. Mr. Bishop explained that as it now stands it would have been SCAG who develops the housing numbers and passes them on to the City. Mayor Forsythe said that was precisely her concern in that SCAG is proposed to have twelve of the voting members of the Board. Councilmember Hastings concurred, mentioning also that the main funding source is proposed to be through SCAG, the result of which is an inordinate amount of power for one agency. Councilmember Campbell added her concern that one city could in fact realize two to three votes on the Board should their representative be selected to represent another seated agency. Question was raised as to how representatives will be selected by the various agencies. Mr. Halls explained that the SCAG delegates are elected City officials who may not understand Orange County policies on issues or the impact of an issue on Orange county, that being one reason for bringing the other agencies into the membership, and in response to the. concern with funding he pointed out that SCAG is the metropolitan planning organization for the entire basin and receives Federal transportation monies a part of which is disseminated to the various SUb-regions, which includes orange county, that amount about $600,000 and at the present time those funds are divided equally between the County, the Transit Authority, and the League without any specific discussion or plan as to how they are to be spent, the proposal is to prioritize how those monies are to be spent and hopefully seek additional dollars, this partially due to the fact that there has not been an organized, collective body in orange County, as there is in the other counties, to make this type of funding decisions. As to the SCAG representative, he said it will be up to the three cities comprising the Seal Beach region to choose the district 5-28-96 representative in the future. Mayor Forsythe pointed out the diversity of the three cities makinq up the Seal Beach SCAG reqion and aqain the fact that Seal Beach will have no voice on the Council of Governments to lobby for its position, to which she expressed strong support that each city represented by the COG have some voice. She noted her basic agreement with the COG concept, mentioned her involvement initially with the committee I charged with structuring a County charter, and expressed her belief that the County government is in need of reorganization, yet if it is to be successful and the COG is a step towards that there needs to be a voice from each city. To the inquiry of councilmember Campbell as to how many other counties have a COG that is comprised of cities and various other agencies, Mr. Halls confirmed that this model of a COG is unique statewide where most traditionally consist of city and county representatives, this takes on the makeup of its predecessor, the Planning council, by bringing in a voice of the regional agencies to develop a forum and true county consensus. Mention was made that certain larger cities have obviously had an influence on COG membership thus far given the creation of an additional Board position, also that agencies such as the Transportation Authority, Sanitation Districts, etc. already have a voice in that their membership consists of city representatives therefore there is no need for them to sit on the COG, rather, the cities should each have a seat. Mr. Halls again stated the COG is a League of cities proposal, was developed by the cities, is the result of the City Managers Task Force of the Restructuring Committee, a proposal that was thought would be workable based on the activities, a unique model with a goal of developing a true consensus, yet some activities of other COGs will not be pursued due to the fact that all cities are not members. The options if a COG is not I pursued are 1) if Orange County is not active in regional planning the result will be to default to SCAG who will continue to do the regional planning for the area; 2) the Orange County Transportation Authority have indicated they would like to be the metropolitan planning organization if Orange County could obtain that function from SCAG, then the federal transportation and planning monies would go to them; and 3) the County of Orange has traditionally been the lead for regional planning, and thus far the only agency that has opposed the COG due to the perception that the role of regional planning is being changed. He confirmed that the membership issue has been raised by two other cities and it should continue to be raised, however suggested that the recommendation be moved forward, allow the funding to be sought, and then over time and as new activities are approved to be included other agencies may become involved. with regard to the options, the Mayor stated that the City of Seal Beach, through its local representatives, would still have the ability to contest decisions handed down by those agencies where it would not through the Council of Governments. Given. the required COG approval by a percentage of population of the Orange County cities, question was posed as to what impact that would have on Seal Beach. Mr. Halls responded that whether or not the City joins does not prevent the local jurisdiction from raising an issue at the County or SCAG levels, the opportunity I to contest numbers remains, the COG would ask the cities to develop their own numbers and thereafter that would be transformed into a countywide number, the COG will be formed. upon the approval of a majority of the population of the majority of cities, and the opportunity for non-member cities to join in the future would be left open, the goal being that all agencies be involved in future planning, and there would be no more or no less access to SCAG or COG. Inquiry was made as to the reason for the private sector non-voting member'and a representative of the Board of Supervisors rather than a city representative. Mr. Halls responded that the idea for the I I I 5-28-96 private sector and university representative is to seek their perspective as to plans that are being discussed and developed, impacts on land use and business, etc., it is also a benefit to have the university students conduct some of the studies. Mr. Halls stated the intent was to be equitable, the desire being that all governmental entities be participants in an effort to obtain consensus, the supervisorial representative included as a balance when the at-large city position was added, that position part of the city selection process chosen by the Mayors. Councilmember Campbell indicated her concern with the COG model in that Seal Beach is basically left out. Councilman Brown responded that this city will be left out more if it does not belong to COG and there is a better opportunity to be selected as a representative by the other participating agencies by being a member, likewise there is nothing that would prevent the City from presenting its position on any issue. Mayor Forsythe expressed her desire to hold this item over in order to seek additional information, also inquired if it would be possible to negotiate for further city representation on the COG. Mr. Halls stated that would be difficult in that twenty cities have adopted the concept thus far, approval by another eight cities is anticipated, and suggested that a meeting be held with the current designated SCAG representative, discuss the issue with staff and SCAG, noting that action is not required to be taken at this meeting. As to the method of selecting the SCAG delegates, Mr. .Halls stated eleven are city representatives from districts within Orange County and one is a county representative, a supervisor, as to the district in which Seal Beach is in the delegate is selected every two years, as to the overall COG Board, fourteen are city representatives, three are county. It was noted that the current representation to the sanitation District is approximately thirty. It was the consensus of the Council to hold this item over as requested. To Mr. Halls expression of pleasure to see cities'wanting to have representation on the Council of Governments, the Council responded that it is a reflection of city frustration with County government, however in this case cities are not being allowed to participate. RESOLUTION NUMBER 4474 - GRANT APPLICATION - DEPARTMENT OF BOATING AND WATERWAYS - BEACH NOURISHMENT Resolution Number 4474 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH IN FISCAL SUPPORT OF CALIFORNIA DEPARTMENT OF BOATING AND WATERWAYS GRANT APPLICATION AND AUTHORIZING SUBMISSION OF SAID APPLICATION." By unanimous consent, full reading of Resolution Number 4474 was waived. The City Engineer presented the staff report, noted this item relates to a grant application to fund beach nourishment, likely one of the most cost effective in that the grant could be for seventy-five percent with the local match twenty-five percent, also, this application needs to be submitted by the end of this week. The report from last year is being updated, the environmental documentation remains effective, and if granted; this funding would be for the 1997/98 fiscal year. Other nourishment projects continue to be looked at, some means of protection may need to be implemented in the interim, possibly moving sand from the west to the east beach. Hastings moved, second by Campbell, to adopt Resolution Number 4474 as presented. AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Hastings None Fulton Motion carried Councilmember Hastings mentioned that $8~OOO has been allocated to a study of the sand quality by Moffat and Nichol and inquired if the report has been received as yet given the understanding 5-28-96 that the sand is of adequate quality to be placed on the east beach at the time of the dredging project of Anaheim Bay. The City Engineer stated the report has not yet been received however it is understood that there will be in excess of 150,000 cubic yards of sand available, the grain size not as good as had been hoped however is anticipated to be of adequate quality to be placed on the beach as it apparently lacks discoloration and contaminating materials. Councilmember Hastings stated she would hope that the City does not receive any more of the fine, blowing sand. CITY MANAGER REPORTS The City Manager reported having received a third notice from the State Office of Emergency Services advising that the City is eligible for additional State reimbursement for damages caused by the January storm in the amount of approximately $157,000, and the thought is to take that amount plus the monies that have been designated for beach sand replenishment and apply that amount to the local match for the Boating and waterways grant, also use a portion to obtain sand from the Navy dredging project and supplement that with some trucked sand. In response to Council, the City Engineer responded that the potential for receiving the grant appears to be good, subject however to the State budget, also it is understood that Seal Beach is one of the few cities that are prepared to commence a project. The Manager said the intent is to avoid paying top dollar for sand, if the grant is successful there would be adequate monies for the beach nourishment, then a program should be sought to provide on-going funding for sand. The Manager noted receipt of a communication from the Orange County Library system looking at a total shortfall after the upcoming fiscal year of approximately $160,000 for just one of the two libraries in the City. He noted the Orange County Librarian has offered to address the Council regarding this problem and some of the solutions being considered, also seeking input from the City. Councilman Brown recalled a recent suggestion that the libraries be consolidated under a Joint Powers type of arrangement. The Manager confirmed that a JPA option has been considered however not deemed to be preferable, rather, the recommendation is to retain the Orange County public libraries as a dependent district under the County system however adjust the structure to include a Library Advisory Board to encourage more local involvement, also, the City may wish to consider other options. The Manager also reported having received information this date from the City's workers compensation administrator regarding the appeals board decision in the Lockley matter, the panel having rescinded the lower court order and it has been scheduled for rehearing as to whether there is standing to debate the discrimination case. COUNCIL REPORTS Councilman Brown commended the residents of Leisure World for the Memorial Day program that was attended by about six hundred people. Councilmember Hastings thanked Lt. Colonel Don Campbell, Retired, for attending the Memorial Day Ceremony at the Naval Weapons Station on behalf of the Council. Councilmember Campbell said the Memorial Ceremony was lovely and very moving. Mayor Forsythe commended the Edison company crews for their diligent efforts to remove the transmission facilities along Bolsa Avenue and First Street, a complicated project, and noted that the towers are now coming down. She reported being notified that C-5 aircraft will be landing and taking off from the Los Alamitos Reserve Center on June 14th between 7:00 a.m. and 10:00 p.m., however advised aiso that some flights may take place between 10:00 p.m. and 7:00 a.m. I I I I I I 5-28-96 I 6-10-96 ORAL COMMUNICATIONS Mayor Forsythe declared Oral Communications open. Dr. David Rosenman, 8th Street, in reference to the Council of Governments discussion, noted Board seats for larger cities, to which he suggested the possibility of seats for the smaller cities be considered, possibly based on population. Councilmember Hastings offered the thought of coastal and inland city representation as well. He questioned if the City would lose any legal grounds should it chose to not join the COG. Ms. Fran Johnson, Coastline Drive, directed her comment to the COG as well, stating when in doubt say no, especially if the City will have no representation. councilman Brown noted that the COG will come into existence whether or not Seal Beach opts to join, and there may be some advantages to joining. There being no further comments, Mayor Forsythe declared Oral Communications closed. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Monday, June 10th at 6:30 p.m. The meeting was adjourned at 9:25 p.m. by unanimous consent. Approved: ~"'_ /~A.A~_h - Mayor , Attest: Seal Beach, California June 10, 1996 The city Council of the City of Seal Beach met in regular adjourned session at 6:31 p.m. with Mayor Forsythe calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Forsythe Councilmembers Brown, Campbell, Hastings Absent: Councilmember Fulton Brown moved, second by Forsythe, to excuse the absence of Councilman Fulton from this meeting. AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Hastings None Fulton Motion carried APPROVAL OF AGENDA Hastings moved, second by Brown, to approve the order of the agenda as presented.