Loading...
Minutes 2006-06-26 181 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD June 26, 2006 A regular meeting of the Cypress City Council was called to order at 5:31 p.m. by Mayor Sondhi in the Council Chambers, 5275 Orange Avenue, Cypress, California. Members present: Mayor/Agency Chair Lydia Sondhi Mayor Pro Tem/Agency Vice Chair Phil Luebben Council/Agency Board Member Mike McGill Council/Agency Board Member Todd Seymore Members absent: Council/Agency Board Member Frank McCoy Others present: Acting City Manager Richard Storey City Attorney William Wynder Acting Community Development Director Ted Commerdinger Finance Manager Matt Burton Acting City Clerk Denise Basham 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, Real Property Identified by APN Numbers 241-091-22, 241-091-23, 241-091-24, 241-091-25, 241-091-26, 241-231-28, 241-231-32, and 241-231-35; Consisting of Approximately 22 Acres North of Katella Avenue Between Walker Street and Lexington Street within the Los Alamitos Race Track and Golf Course Redevelopment Project Area, Negotiating Party: Acting Executive Director, Acting Deputy Executive Director, Under Negotiation: Site Status, Price and Terms of Payment. The City Attorney reported that the City Council would be meeting in Closed Session regarding Conference with Labor Negotiators, pursuant to Government Code Section 54957.6, Agency negotiators: Richard Storey, Employee Groups: Executive Management, Mid-Management, Non-Represented, Cypress Police Management Association, Cypress Police Officers Association, Cypress Employees Association, and Cypress Maintenance Supervisors Association. The City Attorney reported that the City Council would be meeting in Closed Session regarding Public Employee Appointment, pursuant to Government Code Section 54957, Title: City Manager. The City Attorney reported that the City Council would be meeting in Closed Session regarding Public Employee Appointment, pursuant to Government Code Section 54957, Title: City Clerk. At 5:32 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 7:05 p.m. by Mayor Sondhi. Members present: Mayor/Agency Chair Lydia Sondhi Mayor Pro Tem/Agency Vice Chair Phil Luebben Council/Agency Board Member Mike McGill Council/Agency Board Member Todd Seymore 182 CITY COUNCIL MINUTES JUNE 26, 2006 Members absent: Council/Agency Board Member Frank McCoy Others present: Acting City Manager Richard Storey City Attorney William Wynder Acting Community Development Director Ted Commerdinger Chief of Police Rick Hicks Public Works Director Doug Dancs Recreation and Community Services Director Laura Detweiler Police Captain Mark Yokoyama Assistant City Engineer Kamran Dadbeh Finance Manager Matt Burton Administrative Services Manager June Liu Contracts/Environmental Affairs Manager Gonzo Vazquez Redevelopment Project Manager Steve Clarke Acting City Clerk Denise Basham PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Seymore. INVOCATION: The invocation was given by City Attorney Wynder. PRESENTATIONS: A Measure M Presentation was given by Peter Herz09 and Art Leahy of the Orange County Transportation Authority. Council Member McGill asked about any interface between Orange and Los Angeles Counties regarding the Interstate 5 Corridor north of the 91 Freeway. Mr. Leahy reported that a groundbreaking was recently held on a four-year project that will widen the freeway to the Los Angeles County line. The O.C. Transportation Authority has been working with cities regarding this project and these cities are working with CalTrans and the Metropolitan Transportation Authority on widening the freeway to the 605 Freeway. Council Member McGill asked about designs for the right-of-way on the property owned by the O.C. Transportation Authority in the City of Cypress. Mr. Leahy stated that the O.C. Transportation Authority is open to projects along this corridor but that it is not part of Measure M. Mayor Pro Tem Luebben asked how the City can promoIe Measure M to its residents. Mr. Herzog suggested promoting Metrolink, the freeway improvements, and benefits for the county as a whole from Measure M, all of which can reduce the amount of traffic for Cypress commuters. Mayor Sondhi commented on the benefits Cypress has received from Measure M. Council Member Seymore discussed the public safety iissues that may occur with the loss of Measure M funds. REPORT OF WORKSHOP AGENDA/CLOSED SESSION: 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, Real Property Identified by APN Numbers 241 '-091-22, 241-091-23, 241-091- 24, 241-091-25. 241-091-26, 241-231-28, 241-231-32, and 241-231-35; Consisting of 2 CITY COUNCIL MINUTES 183 JUNE 26, 2006 Approximately 22 Acres North of Katella Avenue Between Walker Street and Lexington Street within the Los Alamitos Race Track and Golf Course Redevelopment Project Area, Negotiating Party: Acting Executive Director, Acting Deputy Executive Director, Under Negotiation: Site Status, Price and Terms of Payment. The City Attorney stated that a discussion was held regarding the opportunity to purchase all or a portion of the 28 acres identified, and the price and terms. He stated that the authority to continue these negotiations was unanimously authorized by the City Council. The City Attorney reported that the City Council met in Closed Session regarding Conference with Labor Negotiators, pursuant to Government Code Section 54957.6, Agency negotiators: Richard Storey, Employee Groups: Executive Management, Mid- Management, Non-Represented, Cypress Police Management Association, Cypress Police Officers Association, Cypress Employees Association, and Cypress Maintenance Supervisors Association. The City Attorney stated that there is tentative agreement between the City and the Cypress Police Management Association. The City Council unanimously directed staff to return with a Memorandum of Understanding with respect to this Association. He stated that a discussion was also held regarding the status of negotiations with the Cypress Police Officers Association. The City Council reaffirmed that the last offer to the Cypress Police Officers Association represents the City's last, best, and final offer. With respect to the remaining groups, there was a request from staff for an opening negotiating position. There was a discussion of the merits of several opening positions and the Council unanimously gave its negotiators direction to make an opening offer. The City Attorney reported that the City Council met in Closed Session regarding Public Employee Appointment, pursuant to Government Code Section 54957, Title: City Manager and City Clerk. The City Attorney stated that the City Council unanimously selected Lisa Mills and her executive search firm to conduct that process, and directed the City Attorney's Office to prepare a contract services agreement for action on an upcoming City Council agenda. 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 Sondhi asked anyone who wished to speak on any topic not included on the meeting Agenda to come forward. Bill Matthews, Cypress, spoke regarding Tanglewood Alley. PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL). Item NO.1: PUBLIC HEARING REGARDING THE ADOPTION OF THE FISCAL YEAR 2006-07 BUDGET FOR THE CYPRESS RECREATION AND PARK DISTRICT. The Finance Manager provided background information on this item. The public hearing was opened. Mayor Sondhi asked if there was anyone who wished to speak in favor of the item. Mayor Sondhi asked if there was anyone who wished to speak against the item. The public hearing was closed. Mayor Pro Tem Luebben asked for an elaboration of what ERAF stands for. The Finance Manager stated that ERAF stands for Education Revenue Augmentation Fund, which is a diversion of property tax dollars shifted by the State for the usage of 3 184 CITY COUNCIL MINUTES JUNE 26, 2006 public education. He stated that with the passage of Proposition 1 A last year, it basically ended the State's authority to divert these funds. It was moved by Mayor Pro Tem Luebben and seconded by Council Member Seymore, that the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, adopt the attached District budget as proposed for the fiscal year beginning July 1, 2006 after the conclusion of the public hearing. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCIL MEMBERS: McGill, Seymore, Luebben and Sondhi COUNCIL MEMBERS: None COUNCIL MEMBERS: McCoy Item NO.2: PUBLIC HEARING AND ADOPTION OF THE 2006/2007 - 2012/2013 CAPITAL IMPROVEMENT PROGRAM FOR THE CITY OF CYPRESS AND CYPRESS RECREATION AND PARK DISTRICT. The Contracts/Environmental Affairs Manager provided background information on this item. The public hearing was opened. Mayor Sondhi asked if there was anyone who wished to speak in favor of the item. Mayor Sondhi asked if there was anyone who wished to speak against the item. The public hearing was closed. Council Member McGill commended staff on their thorough efforts. It was moved by Council Member McGill and seconded by Mayor Pro Tem Luebben, that the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District: 1) Conduct a public hearing to solicit comments on the City's proposed 2006/2007 - 2012/2013 Capital Improvement Program; and 2) Upon closing the public hearing, formally adopt the City of Cypress/Cypress Recreation and Park District Capital Improvement Program for fiscal years 2006/2007 - 2012/2013. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCIL MEMBERS: McGill, Seymore, Luebben and Sondhi COUNCIL MEMBERS: None COUNCIL MEMBERS: McCoy Item NO.3: PUBLIC HEARING REGARDING AMENDMENT TO PARK FEE ORDINANCE. The Acting Community Development Director provided background information on this item. Mayor Pro Tem Luebben asked for clarification regarding the calculation of park fees and application of fees. The Acting Community Development Director stated that the current Ordinance uses a formula that was used prior to 1995 and that formula has since changed. He stated that there is not a catch-up provision. Council Member Seymore asked if this is a mandated issue. The Acting Community Development Director stated that the Quimby Act is part of the Subdivision Map Act and is tied to any land development that occurs. Local agencies 4 CITY COUNCIL MINUTES 185 JUNE 26, 2006 are permitted to collect fees for parks and park development, and this fee is only tied to new residential development. The public hearing was opened. Mayor Sondhi asked if there was anyone who wished to speak in favor of the item. Mayor Sondhi asked if there was anyone who wished to speak against the item. The public hearing was closed. It was moved by Mayor Pro Tem Luebben and seconded by Council Member McGill, that the City Council introduce for first reading the Ordinance by title only, amending Section 25-46 of the Cypress City Code and establishing park development fees within the City of Cypress. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCIL MEMBERS: McGill, Seymore, Luebben and Sondhi COUNCIL MEMBERS: None COUNCIL MEMBERS: McCoy ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING SECTION 25-46 OF THE CYPRESS CITY CODE AND ESTABLISHING PARK DEVELOPMENT FEES WITHIN THE CITY OF CYPHESS. JOINT PUBLIC HEARING WITH THE CYPRESS REDEVELOPMENT AGENCY: Item NO.4: JOINT PUBLIC HEARING TO CONSIDER APPROVAL OF THE CYPRESS REDEVELOPMENT AGENCY'S INCREASED PAYMENT TOWARD THE COST OF THE INSTALLATION AND CONSTRUCTION OF PUBLICLY OWNED IMPROVEMENTS TO THE CYPRESS COMMUNITY CENTER. The Redevelopment Project Manager provided background information on this item. Council Member McGill asked for clarification regarding additional construction costs and funding. The Redevelopment Project Manager stated that the construction cost increases are based mostly on an increase in material costs that havE! transpired within the last year. The Acting City Manager stated that when the Community Center renovation was initially budgeted, it was projected what the cost would be and the funding that could be applied. It was determined that the shortage would be supplemented with redevelopment funds and the other portion would be through park development fees, park general fund money, and bond funds from the State. He stated that no additional General Fund dollars will be used and no further debt will be incurred. Mayor Sondhi asked if this amount is a fixed cost that has been agreed to by the project management company. The Acting City Manager stated that at the next City Council meeting, there will be an overall proposal and cost, which will be the guaranteed maximum price for construction. He stated that it is not expected to go over what is budgeted for the project. Mayor Pro Tem Luebben asked for clarification on total funding for the project. The Acting City Manager stated that the request will bring the amount to what was originally projected, which is approximately $6 million. 5 186 CITY COUNCIL MINUTES JUNE 26, 2006 The joint public hearing was opened. Mayor Sondhi asked if there was anyone who wished to speak in favor of the item. Art Brown, Mayor of Buena Park, spoke in favor of the renovation to the Community Center. Mayor Sondhi asked if there was anyone who wished to speak against the item. The joint public hearing was closed. It was moved by Mayor Pro Tem Luebben and seconded by Council Member Seymore, that the City Council and Cypress Redevelopment Agency take the following actions: 1) That the City Council adopt the Resolution by title only, consenting to the increased payment by the Cypress Redevelopment Agency toward the cost of the installation and construction of publicly owned improvements to the Cypress Community Center; and 2) That the Redevelopment Agency adopt the Resolution by title only, approving the Agency's increased payment toward the cost of the installation and construction of publicly owned improvements to the Cypress Community Center. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCIUAGENCY MEMBERS: McGill, Seymore, Luebben and Sondhi COUNCIUAGENCY MEMBERS: None COUNCIUAGENCY MEMBERS: McCoy RESOLUTION NO. 5957 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CONSENTING TO THE INCREASED PAYMENT BY THE CYPRESS REDEVELOPMENT AGENCY TOWARD THE COST OF THE INSTALLATION AND CONSTRUCTION OF PUBLICLY OWNED IMPROVEMENTS TO THE CYPRESS COMMUNITY CENTER. RESOLUTION NO. CRA-124 A RESOLUTION OF THE CYPRESS REDEVELOPMENT AGENCY, APPROVING THE AGENCY'S INCREASED PAYMENT TOWARD THE COST OF THE INSTALLATION AND CONSTRUCTION OF PUBLICLY OWNED IMPROVEMENTS TO THE CYPRESS COMMUNITY CENTER. 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 by one motion approving the recommendations listed on the Agenda. It was moved by Council Member Seymore and seconded by Mayor Pro Tem Luebben, to approve Consent Calendar Items NO.5 through 18. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCIL MEMBERS: McGill, Seymore, Luebben and Sondhi COUNCIL MEMBERS: None COUNCIL MEMBERS: McCoy 6 CITY COUNCIL MINUTES 187 JUNE 26, 2006 Item NO.5: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETINGS OF MAY 31 AND JUNE 12,2006. Recommendation: Approve as submitted, with Mayor Sondhi and Council Member McCoy abstaining on the minutes of June 12, 2006, due to their absence from the meeting. Item NO.6: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. Item NO.7: ADOPTION OF THE FISCAL YEAR 2006-07 BUDGET FOR THE CITY OF CYPRESS. Recommendation: That the City Council adopt the Resolution by title only, approving the City's annual budget for the fiscal year beginning July 1 , 2006. RESOLUTION NO. 5958 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1,2006 AND FIXING THE LIMITATIONS OF EXPENDITURES FOR THE SEVERAL FUNDS AND THE FUNCTIONS, DEPARTMENTS, AND ACTIVITIES CARRIED ON UNDER SUCH FUNDS. Item No.8: ADOPTION OF RESOLUTIONS REQUIRED TO HOLD THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 7,2006. Recommendation: That the City Council adopt the Resolutions by title only, calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 7, 2006, for the election of certain officers as required by the provisions of the City Charter, and requesting the Board of Supervisors of the County of Orange to consolidate a General Municipal Election to be held on November 7, 2006, with the Statewide General Election to be held on the same date pursuant to Section 10403 of the Elections Code. RESOLUTION NO. 5959 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2006, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE CITY CHARTER. RESOLUTION NO. 5960 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 7,2006, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE. Item NO.9: A REQUEST FOR A TWELVE-MONTH EXTENSION OF CONDITIONAL USE PERMIT NO. 2005-03, ALLOWING THE CONSTRUCTION OF A TWO-UNIT RESIDENTIAL CONDOMINIUM PROJECT LOCATED AT 8721 MOODY STREET. Recommendation: That the City Council adopt the Resolution by title only, approving the extension of Conditional Use Permit No. 2005-03 (until May 9, 2007), subject to the conditions in Exhibit "A" of the Resolution. 7 188 CITY COUNCIL MINUTES JUNE 26, 2006 RESOLUTION NO. 5961 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING A TWELVE (12) MONTH EXTENSION OF CONDITIONAL USE PERMIT NO. 2005-03 - WITH CONDITIONS. Item No. 10: ANNUAL REQUALlFICATION OF PARTICIPATING CITIES IN THE COUNTY OF ORANGE ARTERIAL HIGHWAY FINANCING PROGRAM (AHFP). Recommendation: That the City Council adopt the Resolution by title only, informing the Orange County Transportation Authority (OCT A) that the Circulation Element of the Cypress General Plan conforms to the County's Master Plan of Arterial Highways (MPAH). RESOLUTION NO. 596~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CONCERNING THE STATUS OF THE CIRCULATION ELEMENT FOR THE CITY OF CYPRESS. Item No. 11: APPROVAL OF PLANS AND SPECIFICATIONS FOR MODIFICATION OF SEWER SYSTEM AT THE INTERSECTION OF MOODY STREET AND ALASKA AVENUE, PUBLIC WORKS PROJECT NO. 2006-04. Recommendation: That the City Council approve the plans and specifications for Modification of Sewer System at the Intersection of Moody Street and Alaska Avenue, Public Works Project No. 2006-04. Item No. 12: AWARD OF CONTRACT FOR REPLACEMENT OF ASPHALT CONCRETE PAVEMENT AT MAINTENANCE YARD, PUBLIC WORKS PROJECT NO. 2004-24. Recommendation: That the City Council: 1) Award a contract for Public Works Project No. 2004-24, Replacement of Asphalt Concrete Pavement at Maintenance Yard, in the amount of $402,900.20, to the lowest responsible bidder, Tyner Paving, Los Angeles, CA; and 2) Authorize a contingency of $8,200 (2% of bid amount), and direct the Director of Public Works/City Engineer to issue any necessary change orders to complete additional work within budgetary authority. Item No. 13: 2006-2007 CAPITAL IMPROVEMENT PROGRAM (CIP) GENERAL PLAN CONSISTENCY DETERMINATION. Recommendation: That the City Council: 1) Receive and file the staff report for the 2006-2007 Capital Improvement Program (CIP) Consistency Determination; and 2) Determine that the 2006-2007 Fiscal Year Capital Improvement Program is consistent with the City of Cypress General Plan 2001 Update, as required by Government Code Section 651 03(c). Item No. 14: APPROVAL OF EQUIPMENT/SERVICES TRADE AGREEMENT BETWEEN THE CITY OF CYPRESS AND THE COUNTY OF ORANGE. Recommendation: That the City Council: 1) Approve the trade of fifteen (15) surplus mobile audio video (MA V) systems to the County of Orange in exchange for services in the amount of $6,000; and 2) Authorize a $6,000 increase to revenue account 3700-11 (Sale of Property) for the trade of MA V equipment to th€! County of Orange. Item No. 15: RESOLUTION APPROVING MEASURE M TRANSPORTATION INVESTMENT PLAN. Recommendation: That the City Council adopt the Resolution by title only, approving the renewed Measure M Transportation Investment Plan. 8 189 CITY COUNCIL MINUTES JUNE 26, 2006 RESOLUTION NO. 5963 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE RENEWED MEASURE M TRANSPORTATION INVESTMENT PLAN. Item No. 16: AWARD OF CONTRACT FOR CROSSING GUARD SERVICES. Recommendation: That the City Council: 1) Dispense with the formal competitive bidding process, pursuant to City Code Section 21-A 1 OC, D, and F, since All City Management Services, Inc. is the sole source vendor; and 2) Award a one (1) year contract for crossing guard services to All City Management Services, Inc., 1749 South La Cienega Boulevard, Los Angeles, California 90035, for an amount not to exceed $151,102 per year. Item No. 17: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF MAY, 2006. Recommendation: That the City Council receive and file the Investment Report for the month of May, 2006. Item No. 18: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2005-06 FOR WARRANTS NO. 75911 THROUGH 76079. Recommendation: Approve the attached warrant register and wire transfers for Fiscal Year 2005-06. END OF CONSENT CALENDAR ORDINANCES (SECOND READING): Item No. 19: SECOND READING OF AN ORDINANCE AMENDING CHAPTER 2, ARTICLE IV, SECTIONS 2-40 THROUGH 2-120 RELATED TO "BOARDS, COMMISSIONS AND COMMITTEES." The Administrative Services Manager provided background information on this item. It was moved by Council Member Seymore and seconded by Council Member McGill, that the City Council approve the second reading of the Ordinance by title only, amending Chapter 2, Article IV, Sections 2-40 through 2-120 related to "Boards, Commissions and Committees." The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCIL MEMBERS: McGill, Seymore, Luebben and Sondhi COUNCIL MEMBERS: None COUNCIL MEMBERS: McCoy ORDINANCE NO. 1077 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND THE EX-OFFICIO GOVERNING BODY OF THE CYPRESS RECREATION AND PARK DISTRICT, AMENDING CHAPTER 2, ARTICLE IV, SECTIONS 2-40 THROUGH 2-120, RELATED TO "BOARDS, COMMISSIONS AND COMMITTEES." UNFINISHED BUSINESS: No items. 9 190 CITY COUNCIL MINUTES JUNE 26, 2006 NEW BUSINESS: Item No. 20: ADOPTION OF AN ORDINANCE REPEALING CERTAIN PROVISIONS OF THE MUNICIPAL CODE RELATING TO THE POSITION OF CITY MANAGER AS BEING OUTDATED, INCONSISTENT WITH THE CITY CHARTER OR CONTRARY TO BEST LEGAL PRACTICES. The City Attorney provided background information on this item. It was moved by Mayor Pro Tem Luebben and seconded by Council Member McGill, that the City Council introduce for first reading the Ordinance by title only, repealing certain provisions of the Municipal Code relating to the position of City Manager as being outdated, inconsistent with the City Charter or contrary to best legal practices. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCIL MEMBERS: McGill, Seymore, Luebben and Sondhi COUNCIL MEMBERS: None COUNCIL MEMBERS: McCoy ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, REPEALING CERTAIN PROVISIONS OF THE MUNICIPAL CODE RELATING TO THE POSITION OF CITY MANAGER AS BEING OUTDATED, INCONSISTENT WITH THE CITY CHARTER OR CONTRARY TO BEST LEGAL PRACTICES. Item No. 21: ADOPTION OF A RESOLUTION CONSENTING TO THE TRANSFER OF A FRANCHISE FOR CABLE TELEVISION. The Administrative Services Manager provided background information on this item. Mayor Pro Tem Luebben asked for clarification on the franchise agreement negotiation. The Administrative Services Manager stated that if a franchise renewal agreement was not in place by December 31,2006, the actual transaction would not necessarily be null and void, but would go forward with the new terms of the MOU and the old terms of the franchise agreement from 1984. Secondly, if the whole transaction exchange is not completed by December 31, 2006, the whole action becomes null and void. She stated that there is a high confidence that all will be approved at the federal level. Mayor Pro Tem Luebben asked about the cable Ordinance that was recently adopted in relation to the transfer. The Administrative Services Manager stated that adopting the Resolution will provide consent, if successful at the federal level, for Time Warner to come into Cypress. She stated that in her opinion, it does seem to stipulate that the franchisee does acknowledge that, from and after the closing of the exchange transaction, the previous agreements and Ordinance are accepted by the franchisee. Mayor Pro Tem Luebben stated his concern about the possibility of Time Warner operating under the old franchise agreement for a long period of time. He would prefer that they were operating under the new Ordinance. The Administrative Services Manager stated that if amendments to the language are desired, it could be done and Time Warner would have 30 days to execute that document. However, it is unknown if Time Warner would be willing to do so. Council Member McGill expressed his desire to have a potential new cable operator operate under the new Ordinance as long as there is a defined, clear point of time. 10 CITY COUNCIL MINUTES 191 JUNE 26, 2006 Kristy Hennessey, Time Warner, stated that it is expected for the deal to close July 31, 2006. With respect to the Ordinance, it is not clear to her but it is not uncommon for franchise negotiations to be done to work through any issues with the Ordinance and look for a waiver or provision within the franchise document. The City Attorney clarified that there would have to be a granting of a franchise or a renewal of a franchise before the new provisions of the Code would apply. This consent does not constitute a renewal or grant of a franchise and until that occurs, they will operate under the old provisions of Ordinance 726, not the new provisions of Ordinance 1071. Mayor Pro Tem Luebben stated that he felt Time Warner could have consented to operate under the new provisions. Council Member Seymore asked for clarification regarding the new franchise statement in the MOU. The Administrative Services Manager stated that by consenting to the cable franchise transfer, the City is not getting a franchise renewal but it is saying that staff, legal counsel, and the new franchisee will work to get a franchise renewal before the close of the year, which will have the terms of a ten-year agreement. The City Attorney stated that this action is an interim agreement between an old franchise and a new franchise, and states what the City is guaranteed at a minimum. Mayor Sondhi asked for clarification should the franchise renewal not occur by the end of the year. The Administrative Services Manager stated that the existing franchise agreement with the new conditions of the MOU would then go into effect. Ms. Hennessey reiterated that should this occur, the City's old franchise language would remain in effect, except the capital PEG provisions, and ongoing PEG support would replace any current financial PEG support that might be received by the City today. Council Member McGill expressed his hope that Time Warner, if they get the approval for the transfer, will negotiate in good faith with the City for the residents of Cypress. It was moved by Mayor Pro Tem Luebben and seconded by Council Member McGill, that the City Council adopt the Resolution by title only, consenting to the transfer of a franchise for cable television. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCIL MEMBERS: McGill, Seymore, Luebben and Sondhi COUNCIL MEMBERS: None COUNCIL MEMBERS: McCoy RESOLUTION NO. 5964 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CONSENTING TO THE TRANSFER OF A FRANCHISE FOR CABLE TELEVISION. RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex Officio Governing Board of Directors. No items, 11 192 CITY COUNCIL MINUTES JUNE 26, 2006 CYPRESS REDEVELOPMENT AGENCY MATTER~~: The Cypress City Council, Acting as the Cypress Redevelopment Agency. It was moved by Agency Vice Chair Luebben and seconded by Agency Board Member Seymore, to approve Consent Calendar Item No. 22. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 AGENCY MEMBERS: McGill, Seymore, Luebben and Sondhi AGENCY MEMBERS: None AGENCY MEMBERS: McCoy Consent Calendar: Item No. 22: ADOPTION OF THE FISCAL YEAR 2~006-2007 BUDGET FOR THE CYPRESS REDEVELOPMENT AGENCY. Recommendation: That the Cypress Redevelopment Agency Board adopt the Agency's attached annual budget as proposed for fiscal year beginning July 1, 2006. ORAL COMMUNICATIONS: For Matters Not on the Agenda. Young Chai, PC Net, introduced himself as the new President of the Cypress Chamber of Commerce. ITEMS FROM CITY COUNCIL MEMBERS: Mayor Sondhi requested reports from the Council Members on their respective committee assignments. Mayor Pro Tem Luebben: Attended two O.C. Sanitation District Finance Committee meetings. Mayor Pro Tem Luebben reported on his attendance and involvement at various community events and activities. Council Member McGill: Attended the first Concert on the Green. Council Member McGill reported on his attendance and involvement at various community events and activities. Council Member Seymore: Attended the first Concert on the Green. He commended staff for completing the restroom project at the Civic Center. Attended a Growth Management Area NO.2 meeting. Council Member Seymore reported on his attendance and involvement at various community events and activities. Mayor Sondhi: Attended a Housing and Community Development Commission meeting. Mayor Sondhi reported on her attendance and involvement at various community events and activities. ITEMS FROM CITY MANAGER: No items. 12 CITY COUNCIL MINUTES 193 JUNE 26, 2006 ADJOURNMENT: Mayor Sondhi adjourned the meetinu in memory of Myldred Jones at 9:34 p.m. to Monday, July 10, 2006, beginning at 5::30 p.m. in the Executive Board Room. MAYOR OF T ATTEST: ~ f3U1Jhwn CITY CLERK OF THE CITY OF CYPRESS 13