Minutes 2005-11-28
42
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
November 28, 2005
A regular meeting of the Cypress City Council was called to order at 5:33 p.m. by Mayor
McGill in the Executive Board Room, 5275 Orange Avenue, Cypress, California.
PRESENT:
Council/Agency Board Members Luebben, McCoy, Seymore,
Mayor Pro Tem/Agency Vice Chair Sondhi, Mayor/Agency Chair
McGill
ABSENT:
None
STAFF PRESENT: City Manager, City Attorney, Assistant City Manager,
Director of Finance and Administrative Services, Chief of Police, Public Works Director,
Recreation and Community Services Director, Police Captain, Administrative Services
Manager, and City Clerk.
ORAL COMMUNICATIONS:
None.
WORKSHOP SESSION:
The Administrative Services Manager introduced the Cable Commissioners in
attendance: Brian Black, Lawrence Santucci, and Leroy Mills, Del Heintz of Comcast
Cable, Kristy Hennessey of Time Warner Cable, anc! Tim Keenan who is currently
working with Time Warner Cable.
The Administrative Services Manager provided a brief history on television and cable
systems. She discussed the Communications Act of 1934, the Cable Communications
Policy Act of 1984, the Cable Television Consumer Protection Act of 1992, and the
Telecommunications Act of 1996.
She stated that the City has the ability to regulate cable television operators and
telephone companies video services, grant franchises, collect franchise fees, establish
requirements for Public, Education, and Government (PEG) channels, enforce
customer service standards, and implement public right-of-way protections. The City
does not have any governance of satellite television services, internet services, phone
services, regulation of rates, regulation of services, facilities, and equipment of a cable
operator, or television programming.
The Administrative Services Manager stated that the City has had six major cable
operators since 1984. She stated that the current provider is Com cast but that Time
Warner operates in the northwest portion of the City that was annexed from the County.
She stated that Time Warner is seeking the City's consent to transfer Comcast's
franchise.
She stated that on the agenda this evening is a cable ordinance, which sets regulatory
controls the City has on cable operators. She provided information on cable franchise
agreements and franchise fees. The City is allowed to collect up to five percent of the
cable operator's gross revenue, which amounts to approximately $275,000 a year in
revenue.
Council Member Luebben asked for clarification on the franchise agreement renewal of
the expired agreement.
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CITY COUNCIL MINUTES
NOVEMBER 28, 2005
Bill Marticorena, Rutan & Tucker, stated that the word "renewal" is used because that is
the wording the federal statute uses. He briefly discussed how the City can adopt more
stringent standards in certain areas without the consent of the cable operator.
Michael Friedman, Telecommunications Management Corp., stated that in certain
instances, the City can exceed minimum standards.
Kristy Hennessey, Time Warner Cable, spoke regarding standards of customer service.
The City Attorney reported that the Redevelopment Agency would be meeting in Closed
Session regarding Conference with Real Property Negotiators, pursuant to Government
Code Section 54956.8, Real Property Identified by APN Number 262-361-45, Located
at 5201 Lincoln Avenue Negotiating Party: Executive Director, Deputy Executive
Director, and Agency Counsel Under negotiation: Affordable Housing
Agreement/Covenant Acquisition Price and Purchase Terms.
The City Attorney reported that the City Council would be meeting in Closed Session
regarding Conference with Real Property Negotiators, pursuant to Government Code
Section 54956.8, Property: Streets and Rights-of-Way Owned by the City, Negotiating
Party: Time Warner, Under Negotiation: FCC Form 394 - Cable Transfer.
At 5:58 p.m., the Mayor recessed the meeting.
7:00 P.M. SESSION:
The 7:00 p.m. session of the City Council meeting was called to order at 7:25 p.m. by
Mayor McGill.
PRESENT: Council/Agency Board Members Luebben, McCoy, Seymore, Mayor Pro
Tem/Agency Vice Chair Sondhi, Mayor/Agency Chair McGill
ABSENT: None
STAFF PRESENT: City Manager, City Attorney, Assistant City Manager,
Director of Finance and Administrative Services, Chief of Police, Public Works Director,
Recreation and Community Services Director, Police Captain, Assistant Community
Development Director, Administrative Services Manager, and City Clerk.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by United States Air
Force Auxiliary Civil Air Patrol, Fullerton Composite Squadron 56.
INVOCATION: The invocation was given by City Attorney Wynder.
PRESENTATIONS:
None.
REPORT OF WORKSHOP AGENDA/CLOSED SESSION:
The Mayor asked for the report of the Workshop Agenda items discussed earlier in the
evening.
The City Manager reported that the City Council received a presentation regarding
governance of the City's cable television systems and the current state of cable
television issues.
The Mayor asked for the report of the Closed Session Agenda items discussed earlier
in the evening.
The City Attorney reported that the City Council met in Closed Session regarding
Conference with Real Property Negotiators, pursuant to Government Code Section
54956.8, Property: Streets and Rights-of-Way Owned by the City, Negotiating
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CITY COUNCIL MINUTES
NOVEMBER 28, 2005
Party: Time Warner, Under Negotiation: FCC Form 394 - Cable Transfer. The City
Attorney stated that a discussion was held regarding legal issues associated with a
pending request for approval of transfer. The City Council unanimously directed that the
Closed Session be continued for one week to Monday, December 5, 2005 at 5:30 p.m.
for continuation and completion.
The City Attorney reported that the Redevelopment Agency met in Closed Session
regarding Conference with Real Property Negotiators, pursuant to Government Code
Section 54956.8, Real Property Identified by APN Number 262-361-45, Located at
5201 Lincoln Avenue Negotiating Party: Executive Director, Deputy Executive Director,
and Agency Counsel Under negotiation: Affordable Housing Agreement/Covenant
Acquisition Price and Purchase Terms. The City Attorney stated that a report was
provided on potential negotiations involving this property by the Deputy Executive
Director and the Redevelopment Agency unanimously directed staff to pursue a
negotiating strategy with respect to this property.
No other action was taken in Closed Session, nor was any solicited.
ORAL COMMUNICATIONS: LIMITED TO ONE-HALF HOUR. (THREE MINUTES
PER SPEAKER, SPEAKING ONCE.)
Mayor McGill asked anyone who wished to speak on any topic not included on the
meeting Agenda to come forward.
Charles Cameron, Cypress, spoke regarding Lincoln Center Mobile Home Park.
Bret Powell, Cypress, spoke regarding widening of Acacia Drive.
Kristy Hennessey, Time Warner Cable, spoke regarding Agenda Item No.8.
Del Heintz, Comcast Cable, spoke regarding Agenda Item No.8.
Brian Black, Chair, Cypress Cable Television Commission, spoke regarding Agenda
Item No.8.
Mayor McGill introduced 151 Sergeant Ron Cabrera.
PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN
MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL).
No items.
CONSENT CALENDAR:
All matters listed on the Agenda under "Consent Calendar" are to be considered by the
City Council to be routine and will be enacted IJy one motion approving the
recommendations listed on the Agenda.
It was moved by Council Member Seymore and seconded by Council Member McCoy,
to approve Consent Calendar Items NO.1 through 6.
The motion was unanimously carried by the following roll call vote:
AYES: 5
NOES: 0
ABSENT: 0
COUNCILMEMBERS: Luebben, McCoy, Seymore, Sondhi and McGill
COUNCILMEMBERS: None
COUNCILMEMBERS: None
Item NO.1: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF
NOVEMBER 14. 2005.
Recommendation: That the City Council approve t~le Minutes of the Meeting of
November 14, 2005, as submitted.
Item NO.2: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND
RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO
WAIVE FURTHER READING.
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CITY COUNCIL MINUTES
NOVEMBER 28, 2005
Item NO.3: ADOPTION OF RESOLUTION IN SUPPORT OF THE ASSOCIATION OF
CALIFORNIA WATER AGENCIES (ACWA) BLUEPRINT FROM ORANGE COUNTY
CITIES.
Recommendation: That the City Council adopt a Resolution by title only, in support of
"No Time to Waste - A Blueprint for California Water."
RESOLUTION NO. 5910
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
IN SUPPORT OF "NO TIME TO WASTE - A BLUEPRINT FOR
CALIFORNIA WATER."
Item NO.4: ACCEPTANCE OF FISCAL YEAR 2004-2005 ANNUAL REPORT FOR
THE CYPRESS REDEVELOPMENT AGENCY.
Recommendation: That the City Council accept and direct staff to file the Fiscal Year
2004-2005 Annual Report of the Cypress Redevelopment Agency with the State
Department of Housing and Community Development by December 31,2005.
Item NO.5: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF OCTOBER.
2005.
Recommendation: That the City Council receive and file the Investment Report for the
month of October, 2005.
Item NO.6: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE
TRANSFERS FOR FISCAL YEAR 2005-06 FOR WARRANTS NO. 72782 THROUGH
72988.
Recommendation: Approve the attached warrant register and wire transfers.
END OF CONSENT CALENDAR
ORDINANCES (SECOND READING):
No items.
UNFINISHED BUSINESS:
No items.
NEW BUSINESS:
Item NO.7: DESIGN REVIEW COMMITTEE PERMIT NO. 2005-06, A REQUEST TO
INSTALL A STEALTH ANTENNA FACILITY ON AN EXISTING HOTEL BUILDING,
LOCATED AT 5865 KATELLA AVENUE IN THE PC-3 PLANNED COMMUNITY
BUSINESS PARK ZONE.
The Associate Planner provided background information on this item.
It was moved by Council Member McCoy and seconded by Council Member Luebben,
that the City Council adopt the Resolution by title only, approving Design Review
Committee Permit No. 2005-06 - with conditions.
The motion was unanimously carried by the following roll call vote:
A YES: 5 COUNCILMEMBERS: Luebben, McCoy, Seymore, Sondhi and McGill
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
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CITY COUNCIL MINUTES
NOVEMBER 28, 2005
RESOLUTION NO. 5911
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2005-06
- WITH CONDITIONS.
Item No.8: ADOPTION OF AN ORDINANCE TO EXPAND CHAPTER 6 OF THE
CITY CODE BY ADDING SECTIONS 6-32 THROUGH 6-50 ENTITLED THE CITY'S
"2005 CABLE SYSTEM REGULATORY ORDINANCE."
The Administrative Services Manager provided background information on this item.
Mayor McGill asked for clarification on the issues discussed by Ms. Hennessey during
Oral Communications.
The Administrative Services Manager stated that the changes in the numbering of the
ordinance were changed to correspond to the municipal code chapter number. She
addressed the sections that Ms. Hennessey discussed and provided the correct
numbering.
The Administrative Services Manager stated that when the current cable operators that
are operating old franchises have renewed agreements, they will then follow under this
new ordinance proposed this evening. Those new franchise agreements that are
adopted after the ordinance goes into effect will then allow for the City to repeal the old
ordinance.
Bill Marticorena, Special Counsel, Rutan & Tucker, stated that the issues presented by
Ms. Hennessey are all policy decisions by the City Council. He discussed the issues of
gross revenues, franchise violations, and reservation of rights.
Council Member Luebben stated that the current City ordinance did not contemplate the
cable industry the way it is today and it is imperative to approve the ordinance before
any other agreements can be approved.
Council Member McCoy thanked the Cable Commission and staff for their hard work on
the cable ordinance.
Mayor Pro Tem Sondhi stated that she was pleased with the outcome of the ordinance.
She asked for clarification regarding the placement of cable systems, operational
standards, and breach of franchise agreement.
Council Member Luebben asked if the franchise agreement would define what the
remedies would be for a material breach and not in the ordinance itself.
Mr. Marticorena stated that the provision discussed in the ordinance establishes a
standard of what constitutes a material breach or violation.
Mayor Pro Tem Sondhi asked for clarification on underground placement standards.
She thanked the Cable Commission and staff for their work.
Mayor McGill commended the Cable Commissioners, staff, and consultants for their
outstanding work on the ordinance.
It was moved by Council Member Luebben and seconded by Council Member McCoy,
that the City Council introduce the Ordinance by title only and waive further reading,
expanding Chapter 6 of the Code of the City of Cypress by Adding Sections 6-32
Through 6-50 to be Entitled "2005 Cable System Regulatory Ordinance."
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CITY COUNCIL MINUTES
NOVEMBER 28, 2005
The motion was unanimously carried by the following roll call vote:
AYES: 5
NOES: 0
ABSENT: 0
COUNCILMEMBERS: Luebben, McCoy, Seymore, Sondhi and McGill
COUNCILMEMBERS: None
COUNCILMEMBERS: None
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
EXPANDING CHAPTER 6 OF THE CODE OF THE CITY OF CYPRESS
BY ADDING SECTIONS 6-32 THROUGH 6-50 TO BE ENTITLED "2005
CABLE SYSTEM REGULATORY ORDINANCE."
RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as
the Ex Officio Governing Board of Directors.
No items.
CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council,
Acting as the Cypress Redevelopment Agency.
No items.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Kristy Hennessey, Time Warner Cable, spoke regarding Agenda Item No.8.
Brian Black, Chair, Cypress Cable Television Commission, spoke regarding Agenda
Item No.8.
Del Heintz, Comcast Cable, spoke regarding Agenda Item No.8.
ITEMS FROM CITY COUNCIL MEMBERS:
Mayor McGill requested reports from the Council Members on their respective
committee assignments.
Council Member McCov:
Attended the City Council Goal Setting workshop.
Mavor Pro Tem Sondhi:
Attended the City Council Goal Setting workshop.
Council Member Sevmore:
Attended an O.C. Transportation Authority Super M Committee meeting. Attended the
City Council Goal Setting workshop.
Council Member Luebben:
Attended an O.C. Sanitation District Board meeting. Attended the City Council Goal
Setting workshop. Council Member Luebben reported on his attendance and
involvement in various community events and activities.
Mavor McGill:
Attended the City Council Goal Setting workshop. Mayor McGill reported on his
attendance and involvement in various community events and activities.
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CITY COUNCIL MINUTES
NOVEMBER 28, 2005
ITEMS FROM CITY MANAGER:
The City Manager asked the Public Works Director to provide a visual overview of the
City Hall construction over the last two weeks.
The Assistant Community Development Director provided an update on the monument
sign installation.
The City Manager read a letter from Don Bankhead, President of the O.C. Division
League of California Cities, congratulating Council Member Luebben on being
appointed to the Transportation, Communications, and Public Works Policy Committee.
He stated that this is the second appointment of our Council to a policy committee as
Mayor Pro Tem Sondhi is currently on the committee for Housing Community and
Economic Development.
The City Manager stated that a Council workshop was held to refine and develop the
City's mission statement and vision statement, and a smies of goals that will be used to
guide the City through the next year and a half. He read the mission statement, vision
statement, and goals that were developed.
The City Manager stated that it is appreciated that Time Warner's technology is up-to-
date and that they have invested millions of dollars. He looks forward to franchise
renewal discussions commencing in earnest and in good faith.
ADJOURNMENT: Mayor McGill adjourned the meeting at 8:50 p.m. to a Special
Meeting on Monday, December 5, 2005, beginning at :):30 p.m. in the Executive Board
Room.
~}~
MAYOR OF THE CITY OF CYPRESS
ATTEST:
7