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significant exposure to litigation. In essence, the Demand asserts that the City Council could not meet in closed session concerning the substance of the Shenkman Demand until it first meets in closed session to determine whether the Shenkman Demand is a proper subject of a closed session pursuant to Section 54956.9. This is incorrect.
Section 54956.9(a) permits the City Council to meet in closed session when, “based on advice of its legal counsel, from holding a closed session to confer with, or receive advice from, its legal counsel regarding pending litigation.” Section 54956.9(d) provides that litigation is considered pending in 4 circumstances, which includes:
“(2) A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency.” Although the Brown Act does separately provide a basis for meeting in closed session to determine whether the Shenkman Letter is a proper subject of a closed session due to potential litigation (see Section 54956.9(d)(3)), it does not require that this step be taken first. As stated above under subsection (2), it separately provides that, based upon the advice of legal counsel, the City Council is able to meet in closed session to confer with, or receive advice from, its legal counsel to discuss threatened litigation.”2 As you are aware, this is the exact purpose of the March 14, 2022, closed session item.
2. The City clearly faces significant exposure to litigation such that the City Council was permitted to meet in closed session on March 14, 2022.
The Demand alleges that existing facts and circumstances do not exist showing there is significant exposure to litigation. It further asserts that the “mere possibility that a body’s action might be challenged in court is not sufficient threat to justify a closed session.” Although it is acknowledged that the City has not yet been sued nor has it decided to initiate litigation in relation to the Shenkman Demand, the assertion that there are no existing facts and circumstances showing that the City has significant exposure to litigation is disingenuous and simply wrong.
As stated above, Section 54956.9(a) permits the City Council to meet in closed session to discuss a threat of litigation. To reiterate, litigation is considered pending when “A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency.”3 The term “existing facts and circumstances” is further defined, in relevant part, as follows:
2 Section 54956.9(d)(2).
3 Section 54956.9(d)(2).
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“The receipt of a claim pursuant to the Government Claims Act (Division 3.6 (commencing with Section 810) of Title 1 of the Government Code) or some other written communication from a potential plaintiff threatening litigation, which claim or communication shall be available for public inspection pursuant to Section 54957.5.”
4 (emphasis added)
The City received the Shenkman Demand, which contains the following passage:
“Given the racially polarized elections for Cypress’ city council elections, we urge the City to voluntarily change its at-large system of electing its City Council.
Otherwise, on behalf of residents within the jurisdiction, we will be forced to seek judicial relief.” (emphasis added)
This language is clearly a written threat of litigation within the definition of the term “existing facts and circumstances” as defined above. It is also worth noting that the Shenkman Demand has been in the public record as early as September 20, 2021.
3. The Demand incorrectly asserts that the Shenkman Demand should have been made available as part of the March 14, 2022, Agenda in order for the City to discuss the Shenkman Demand in closed session.
The Demand cites to Fowler v. City of Lafayette (2020) 46 Cal. App. 5th 360 for the proposition that the Shenkman Demand must be included in threats of litigation in agenda materials for threats to be discussed in closed session. However, the Fowler court examined an oral threat of litigation that was later documented in writing by city staff and, further, analyzed Section 54956.9(e)(5) relating to such oral threats of litigation.5 This is different from what occurred for the City. The Shenkman Demand is a written threat of litigation, and, therefore, Section 54956.9(e)(3) applies, which simply requires that the written threat of litigation “shall be available for public inspection pursuant to Section 54957.5.”6 The Shenkman Demand was available for public inspection as required and, in fact, has been posted to the City’s website throughout the relevant times. See the following link to the City’s website where the Shenkman Demand may be found and has been available throughout the relevant times: https://www.cypressca.org/government/public-forumson-elections. 4 Section 54956.9(e)(3).
5 Fowler v. City of Lafayette (2020) 46 Cal. App. 5th 360, 369, as modified on denial of reh'g (Mar. 11, 2020), review denied (July 22, 2020).
6 See, e.g., Poway Unified Sch. Dist. v. Superior Ct. (Copley Press) (1998) 62 Cal. App. 4th 1496, 1504 (“We find this distinction untenable, because section 54956.9 simply announces the preexisting status of the Claims Act claim itself as a disclosable public record. It is merely a matter of convenience to have the claim available to the public at the time of the meeting.”).
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4. Pursuant to Trancas Property Owners Assn. v. City of Malibu, the City did not use the Brown Act’s closed session exemption for pending litigation to circumvent any public hearing requirements for the decision to initiate or not initiate the switch to district elections.
The Demand asserts that Trancas Property Owners Assn. v. City of Malibu prohibits the City from using the “pretense of a claim that the [CVRA] has been violated to vote on at-large elections vs. district elections in closed session.” However, this is an improper application of Trancas to the present case. The Trancas case involved the approval of a settlement agreement in closed session that involved “action that by substantive law may not be taken without a public hearing and an opportunity for the public to be heard.”7
Specifically, Trancas concerned a city’s settlement agreement (approved in closed session) with a developer settling litigation concerning a proposed development in which the city agreed that it would not enact zoning applicable to the relevant property that prohibited the construction of residential units depicted on the related final map. The court ultimately determined that this was not permitted because the required procedures for such an action were not followed.8 The Trancas court stated that “As a matter of legislative intention and policy, a statute that is part of a law enacted to assure public decision-making, except in narrow circumstances, may not be read to authorize circumvention and indeed violation of other laws requiring that decisions be preceded by public hearings, simply because the means and object of the violation are settlement of a lawsuit.”9 Thus, Trancas stood for the proposition that the City cannot use the Brown Act’s closed session pending litigation exception to circumvent public hearing requirements in making a particular decision. Contrary to the Demand’s allegation, the Trancas case does not support CalAware’s allegations. Here, there is no settlement agreement that was approved by the City Council in closed session and there are no public hearing requirements for a decision by the City Council to not initiate the switch to district elections. In short, Trancas is simply inapplicable to the current situation.
Regarding the allegation that the CVRA claim is merely a pretense, this allegation ignores the clear threat of litigation in the Shenkman Letter. The City Council was permitted to receive legal advice and consider the merits of the Shenkman Demand in closed session as anticipated litigation and act in closed session to reject the Shenkman’s threat of litigation for alleged violations of the CVRA by stating that it would not switch the City’s election system to district-based elections.
Essentially, the City Council is permitted “to receive legal advice and make litigation decisions [in closed session] … [but] … [such a closed session cannot] … be used as a subterfuge to reach nonlitigation oriented policy decisions. [citation omitted]”10 Further, “under section 54956.9, 7 Trancas Prop. Owners Assn. v. City of Malibu (2006) 138 Cal. App. 4th 172, 186. 8 Trancas, at 181.
9 Trancas, at 181.
10 Trancas, at186; 71 Ops.Cal.Atty.Gen. 96, 104-105 (1988).
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governing bodies may discuss with their counsel, in closed session, any settlement proposals or terms they deem worthy of consideration. And they generally may agree to such terms and settlements in closed session.”11
In this case, the City Council made litigation decisions (i.e., rejecting the Shenkman Demand) and was not, as alleged, making nonlitigation oriented policy decisions. Although no settlement was reached, the City Council was still entitled to discuss terms and conditions which would result in eliminating the possibility that Shenkman would file a lawsuit against the City for violations of the CVRA, which includes litigation-related decisions and discussions relating to changing the City from at-large elections to district elections.
5. The use of the safe harbor provisions for anticipated litigation under Section 54954.5(c) applies.
The Demand incorrectly asserts that the closed session description used for the Shenkman Demand is false. The March 14, 2022, closed session listing for this matter was as follows:
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Pursuant to Government Code Section 54956.9(d)(2)
Significant exposure to litigation - one potential case Claim of California Voting Rights Act violation from Southwest Voter Education Project
The Demand simply ignores the existence of the Shenkman Demand, which the City received on September 20, 2021. The March 14, 2022, closed session was held for the express purpose of considering the Shenkman Demand, which, as stated above, is a clear threat of litigation, and to determine City Council’s response to that threat. Thus, the use of the safe harbor under Section 54954.5(c) to describe the closed session item was proper.
6. Rejection of Demand for Cure and Correction
Based upon the forgoing, there is no violation of Government Code Sections 54953, 54956.9, 54957.7(a), 54954.2(a)(2), and 54954.5(c), because the City Council complied with the requirements of the Brown Act, including, but not limited to, the requirements of Government 11 Trancas at, 187; see also Page v. Mira Costa Cmty. Coll. Dist. (2009) 180 Cal. App. 4th 471, 498 (“That section [54956.9] “creates an exception to the Brown Act's open meeting requirements for meetings with legal counsel regarding pending litigation” and allows “‘a legislative body of a local agency’ to hold ‘a closed session to confer with, or receive advice from, its legal counsel regarding pending litigation when discussion in open session concerning those matters would prejudice the position of the local agency in the litigation.’.”).
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Code Section and 54956.9 and, further, properly utilized the related safe harbor provisions under Government Code Section 54954.5(c).
What is more troubling is the lack of acknowledgement that the City has held at least three public forums to present the issues related to the Shenkman Demand, distributed videos describing the issues, conducted a community survey and sought community feedback on the issue. Again, I direct you to the City’s website cited above describing those extensive public outreach efforts, which can be viewed under the link entitled “Public Forum Outreach Report.” Given this robust public outreach effort, any argument that the City has not been overly transparent about the Shenkman Demand and options to address the clear threat of litigation contained therein is insincere.
Pursuant to Government Code Section 54960.1(c)(2), the City therefore rejects your demand that it cure and correct the alleged Brown Act violations, as provided in the Demand.
Should you have any questions regarding this letter, please contact the undersigned.
Very truly yours,
ALESHIRE & WYNDER, LLP
Fred Galante
City Attorney
City of Cypress
cc: Hon. Mayor and Members of the Cypress City Council
Peter Grant, City Manager
Alisha Farnell, City Clerk
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 9.
FROM: Mark Lauderback, Chief of Police
DATE: 05/09/2022
SUBJECT: Second Reading and Adoption of an Ordinance Approving the Police Department's Military Equipment Policy
RECOMMENDATION
Approve the second reading and adopt an Ordinance, by title only and waive further reading, approving the Police Department’s Military Equipment Policy.
DISCUSSION
On April 25, the City Council approved the first reading of an ordinance approving the Police Department's Military Equipment Policy in accordance with Assembly Bill (AB) 481. This bill requires law enforcement agencies to establish a policy for the funding, acquisition, and use of items deemed to be military equipment.
It is recommended the City Council approve the second reading and adopt the attached ordinance. The ordinance will become effective on June 9, 2022.
BUDGET IMPACT
None.
LEGAL REVIEW
The City Attorney has reviewed and approved the attached ordinance and policy.
APPROVED BY: Peter Grant, City Manager
Attachments
Ordinance
Draft Military Equipment Policy
1 Ordinance No. ____
01004.0010/777447.1
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CYPRESS, CALIFORNIA APPROVING THE CYPRESS POLICE
DEPARTMENT’S MILITARY EQUIPMENT USE POLICY
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (creating Government Code Section 7070, et seq.), relating to use of military equipment by California law enforcement agencies;
WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used;
WHEREAS, the Cypress Police Department is in possession of certain items of equipment that qualify under the broad definition of “military equipment” under AB 481; WHEREAS, AB 481 requires that a law enforcement agency possessing and using such qualifying equipment prepare a publicly released and written military equipment use policy document covering the inventory, description, purpose, use, acquisition, maintenance, fiscal impacts, procedures, training, oversight, and complaint process, applicable to the Department’s use of such equipment;
WHEREAS, the Policy and supporting information must be approved by the governing body by ordinance, and reviewed annually;
WHEREAS, the City Council of the City of Cypress, having received the information required under AB 481 regarding the Cypress Police Department’s use of “military equipment” as defined in said law, deems it to be in the best interest of the City to approve the Military Equipment Use Policy as set forth herein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds that the above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. City Council hereby approves and adopts the following:
Military Equipment Policy.
(a) The City Council has made the following determinations:
(1) The military equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;
(2) This military equipment use policy attached hereto as Exhibit “A” (“Policy”) will safeguard the public’s welfare, safety, civil rights, and civil liberties; 2 Ordinance No. ____
01004.0010/777447.1
(3) The equipment described in the Policy is reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety (if any);
(4) Prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance by way of the adoption of the Policy by this Ordinance.
(b) The Cypress Police Department has made the Policy available on the Police Department’s website for at least 30 days prior to the public hearing concerning the military equipment at issue and described in the Policy.
(c) The Policy was considered by the City Council as an agenda item in an open session of a regular meeting, noticed in accordance with the Ralph M. Brown Act, at which public comment was permitted.
(d) The Policy shall be made publicly available on the Police Department’s website for as long as the military equipment is available for use.
(e) The Cypress Police Department shall submit an annual military equipment report to the City Council, containing the information required in Government Code Section 7072, and the City Council shall determine whether each type of military equipment identified in that report has complied with the standards for approval set forth in (a)(1)-(4) above. (f) The City Council shall review this Ordinance, and vote on whether to renew it, on an annual basis at a regular meeting, in accordance with Government Code Section 7071(e)(2). (g) The City Council approves the use of the Policy and finds that it satisfies the requirements of Government Code Section 7070(d).
SECTION 3. The City Council hereby authorizes and directs the Mayor and the City Clerk to execute this Ordinance on behalf of the City of Cypress forthwith upon its adoption.
SECTION 4. The Deputy City Clerk shall certify as to the passage of this Ordinance and shall cause the same to be published and/or posted at the designated locations in the City of Cypress.
SECTION 5. This ordinance shall become effective thirty (30) days following its adoption. 3 Ordinance No. ____
01004.0010/777447.1
PASSED, APPROVED, AND ADOPTED this ___ day of _______, 2022 _________________________________
Paulo Morales, Mayor
ATTEST:
____________________________________
Alisha Farnell, City Clerk
APPROVED AS TO FORM:
____________________________________
Fred Galante, City Attorney
Attachments incorporated by reference:
1. Exhibit A — Cypress Police Department Policy 708 “Military Equipment” B-1 Ordinance No. ____
01004.0010/777447.1
Exhibit “A”
Cypress Police Department
Military Equipment Use Policy
INSERT POLICY (AND REFERENCE EXHIBIT B FOR LIST OF EQUIPMENT B-2 Ordinance No. ____
01004.0010/777447.1
Exhibit “B”
“MILITARY EQUIPMENT” as defined by AB 481 includes:
DRAFT
Policy
708
Cypress Police Department
Cypress Police Department Policy Manual
Copyright Lexipol, LLC 2022/03/21, All Rights Reserved.
Published with permission by Cypress Police Department ***DRAFT*** Military Equipment - 1 Military Equipment
708.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
708.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body – The elected or appointed body that oversees the Department.
Military equipment – includes, but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue handguns.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
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Copyright Lexipol, LLC 2022/03/21, All Rights Reserved.
Published with permission by Cypress Police Department ***DRAFT*** Military Equipment - 2 708.2 POLICY
It is the policy of the Cypress Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 708.3 MILITARY EQUIPMENT COORDINATOR
The Support Services Division Lieutenant will act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Cypress Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
708.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
708.4.1 FIREARM - PATROL RIFLE
Description: Firearm designed and intended to be fired from the shoulder and designed to use the energy of the explosive in a fixed metallic cartridge, firing a single projectile through a rifled bore for every pull of the trigger.
Quantity: 47.
Capabilities: Fires a lethal projectile.
Expected Lifespan: 20+ years.
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Cypress Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/21, All Rights Reserved.
Published with permission by Cypress Police Department ***DRAFT*** Military Equipment - 3 Product Description:.223 caliber Patrol rifle manufactured by Colt, Bushmaster, or Eagle Arms.
Purpose and Authorized Use: May be deployed in any circumstance where personnel can articulate a reasonable expectation that the rifle may be needed (Policy 311.3.3).
Training Required: 16-hour POST approved course with qualification and additional training on safe use and deployment and device functionality. Must demonstrate proficiency with recertification twice per year.
Initial Cost: $48,000
Annual Cost: Approximately $2,400 for maintenance.
708.4.2 KINETIC ENERGY LAUNCHER
Description: Less-lethal weapon which uses a propellant cartridge to launch a kinetic energy impact projectile.
Quantity: 17
Capabilities: Fires a less-lethal kinetic energy projectile.
Expected Lifespan: 20+ years.
Product Description: 37 MM Defense Technology Single Launcher; LMT 40 MM Single Launcher; Sage SL-6 37 MM Multi-Role Launcher; Remington 870 Less-Lethal Shotgun Purpose and Authorized Use: Less-lethal force option (Policy 307.9.1).
Training Required: Less-lethal weapons training from POST-approved instructor.
Initial Cost: $18,000
Annual Cost: Approximately $50 for maintenance of less-lethal shotgun; $150 annual maintenance for other launchers.
708.4.3 LIGHT SOUND DIVERSIONARY DEVICE (LSDD)
Description: Device used by SWAT members that produces loud noise and bright light intended to cause disorientation and distraction.
Quantity: 12
Capabilities: Distraction device used to minimize the risks to all parties by the temporary disorientation or distraction of potentially violent or dangerous suspects.
Expected Lifespan: 5 years.
Product Description: Combined Tactical Systems Flash-Bang Model #7290 Purpose and Authorized Use: To distract/disorient potentially violent or dangerous suspects.
Training Required: Diversionary device training from POST-approved instructor.
Initial Cost: $675
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Cypress Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/21, All Rights Reserved.
Published with permission by Cypress Police Department ***DRAFT*** Military Equipment - 4 Annual Cost: N/A
708.4.4 BREACHING SHOTGUN
Description: Pump-action 12-gauge firearm used by SWAT members to defeat locking mechanisms.
Quantity: 1
Capabilities: Traditional breaching method that provides for quick breaching of multiple locking mechanisms.
Expected Lifespan: 30 years.
Product Description: Remington 870 Tactical Shotgun
Purpose and Authorized Use: May be deployed in any circumstance where the SWAT member needs to breach a door quickly and safely.
Training Required: 40-Hour explosive breaching training with quarterly update training.
Initial Cost: $925
Annual Cost: N/A
708.4.5 FIREARM - SWAT RIFLE
Description: Firearm designed and intended to be fired from the shoulder and designed to use the energy of the explosive in a fixed metallic cartridge, firing one or more projectiles through a rifled bore for every pull of the trigger.
Quantity: 12.
Capabilities: Fires a lethal projectile.
Expected Lifespan: 20+ years.
Product Description: 5.56 MM or.308 caliber rifle manufactured by Heckler & Koch or DPMS.
Purpose and Authorized Use: May be deployed in any circumstance where personnel can articulate a reasonable expectation that the rifle may be needed.
Training Required: 16-hour POST approved course with qualification and additional training on safe use and deployment and device functionality. Must demonstrate proficiency with recertification bi-monthly.
Initial Cost: $27,650
Annual Cost: Approximately $600 for maintenance.
708.4.6 FIREARM - SWAT SUBMACHINE GUN
Description: Firearm designed and intended to be fired from the shoulder and designed to use the energy of the explosive in a fixed metallic cartridge, firing one or more projectiles through a rifled bore for every pull of the trigger.
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Cypress Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/21, All Rights Reserved.
Published with permission by Cypress Police Department ***DRAFT*** Military Equipment - 5 Quantity: 13
Capabilities: Fires a lethal projectile.
Expected Lifespan: 20+ years.
Product Description: 9 MM or.40 caliber submachine gun manufactured by Heckler & Koch. *Note:
These firearms are not in current use but are in the Department's inventory.
Purpose and Authorized Use: May be deployed in any circumstance where personnel can articulate a reasonable expectation that the gun may be needed.
Training Required: Training from a department-authorized instructor.
Initial Cost: $27,700
Annual Cost: N/A
708.4.7 FIREARM - SWAT BOLT-ACTION RIFLE
Description: Firearm designed and intended to be fired from the shoulder and designed to use the energy of the explosive in a fixed metallic cartridge, firing one projectile through a rifled bore for every pull of the trigger.
Quantity: 1.
Capabilities: Fires a lethal projectile.
Expected Lifespan: 20+ years.
Product Description: 308 caliber bolt-action rifle manufactured by Remington.
Purpose and Authorized Use: May be deployed in any circumstance where personnel can articulate a reasonable expectation that the rifle may be needed.
Training Required: 40-hour precision long-rifle training with qualification and additional training on safe use and deployment and device functionality. Must demonstrate proficiency with recertification bi-monthly.
Initial Cost: $1,100
Annual Cost: Approximately $50 for maintenance.
708.5 SHARED MILITARY EQUIPMENT
The following constitutes a list of qualifying equipment for the Department that may be deployed in collaboration with other law enforcement agencies. These items' potential for use within the City of Cypress comes from the Cypress Police Department's participation in the West County Special Weapons and Tactics (SWAT) Team, a collaboration of law enforcement personnel from the Cypress, Fountain Valley, Los Alamitos, Seal Beach, and Westminster Police Departments or through joint use-agreement with the Los Alamitos and Seal Beach Police Departments:
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Cypress Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/21, All Rights Reserved.
Published with permission by Cypress Police Department ***DRAFT*** Military Equipment - 6 708.5.1 SWAT ARMORED RESCUE VEHICLE
Description: An armored rescue vehicle deployed during high-risk incidents, special events, and community outreach. *Note: This is a regional SWAT asset that is owned and maintained by the Westminster Police Department.
Quantity: 1.
Capabilities: Mobile armored vehicle to support high-risk deployments.
Expected Lifespan: 25 years.
Product Description: Ballistic Engineered Armored Rescue (BEARCAT) Vehicle, manufactured by Lenco.
Purpose and Authorized Use: To assist police personnel in enhancing public safety by transporting first responders and/or community members to/from high-risk situations. Provide a mobile platform to safely transport and deploy personnel.
Training Required: Formalized in-house driver operation and safety training.
Initial Cost: Refer to Westminster Police Department.
Annual Cost: N/A
708.5.2 MOBILE COMMAND VEHICLE
Description: A customized vehicle used to enhance communication and coordination during emergency incidents, special events, or community outreach. *Note: This is a shared asset that is owned by the Cypress Police Department.
Quantity: 1.
Capabilities: On-scene incident command and control functions may be performed from a mobile command vehicle.
Expected Lifespan: 20 years.
Product Description: Modified command vehicle based on a Freightliner M2 106 chassis.
Purpose and Authorized Use: A mobile command vehicle provides a strategic location for police personnel during emergency incidents, special events, or community outreach events. Use of this equipment is also appropriate for large-scale events that require advanced coordination of large numbers of police and other safety or first responder personnel.
Training Required: Class B driver's license and additional department provided vehicle-specific, driver and operational training.
Initial Cost: $450,000 *Note: This item was purchased in 2007 using federal grant funding.
Annual Cost: Approximately $1,000. *Note: The maintenance costs for this asset are distributed evenly between the cities of Cypress, Los Alamitos, and Seal Beach.
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Cypress Police Department Policy Manual
Military Equipment
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Published with permission by Cypress Police Department ***DRAFT*** Military Equipment - 7 708.5.3 SWAT KINETIC BREACHING TOOL
Description: A hand-held breaching tool engineered to deliver high-impact energy to defeat locking mechanisms. *Note: This is a regional SWAT asset that is owned and maintained by the Seal Beach Police Department.
Quantity: 1.
Capabilities: Provides for safer and faster breaching.
Expected Lifespan: 30 years.
Product Description: Powder activated kinetic energy force entry tool.
Purpose and Authorized Use: May be deployed in any circumstance where the member needs to breach a door quickly and safely.
Training Required: Training on safe use and deployment and device functionality.
Initial Cost: Refer to the Seal Beach Police Department.
Annual Cost: N/A
708.5.4 SWAT LONG RANGE ACOUSTICAL DEVICE
Description: A public address system that delivers live or recorded messages. *Note: This is a regional SWAT asset that is owned and maintained by the Westminster Police Department.
Quantity: 1.
Capabilities: Provides public address notifications
Expected Lifespan: 10 years.
Product Description: Self-powered communication system that delivers voice messages and alert tones.
Purpose and Authorized Use: May be deployed in any outdoor circumstances where the member needs to communicate information to the public.
Training Required: Training on safe use and deployment and device functionality.
Initial Cost: Refer to the Westminster Police Department.
Annual Cost: N/A
708.5.5 SWAT UNMANNED AIRCRAFT SYSTEMS (UAS)
Description: A UAS is an unmanned aircraft and the equipment necessary for the safe and efficient operation of the aircraft. An unmanned aircraft, a component of a UAS, is defined by law as an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft. *Note: This is a regional SWAT asset that is owned and maintained by the Seal Beach Police Department.
Quantity: Refer to the Seal Beach Police Department.
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Military Equipment
Copyright Lexipol, LLC 2022/03/21, All Rights Reserved.
Published with permission by Cypress Police Department ***DRAFT*** Military Equipment - 8 Capabilities: Sustained flight controlled by a remote pilot on the ground.
Expected Lifespan: Refer to the Seal Beach Police Department.
Product Description: Refer to the Seal Beach Police Department.
Purpose and Authorized Use: To assist SWAT personnel in enhancing public safety while protecting the rights and privacy of the general public.
Training Required: Refer to the Seal Beach Police Department. *Note: No Cypress Police Department personnel are trained to operate UAS.
Initial Cost: Refer to the Seal Beach Police Department.
Annual Cost: N/A
708.5.6 SWAT REMOTE CONTROL ROBOT
Description: A remotely controlled ground vehicle that moves on tracks, manufactured by Transcend. *Note: This is a regional SWAT asset that is owned and maintained by the Westminster Police Department.
Quantity: Refer to the Westminster Police Department.
Capabilities: Provides ability for SWAT members to view scenes, deliver items, open doors, and visually clear buildings.
Expected Lifespan: Refer to the Westminster Police Department.
Product Description: Refer to the Westminster Police Department.
Purpose and Authorized Use: May be deployed in any circumstances where the SWAT Commander determines remote viewing of a location or item delivery is appropriate and lawful.
Training Required: Refer to the Westminster Police Department. *Note: No Cypress Police Department personnel are trained to operate this robot.
Initial Cost: Refer to the Westminster Police Department.
Annual Cost: N/A
708.6 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a.
DRAFT
Cypress Police Department
Cypress Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/21, All Rights Reserved.
Published with permission by Cypress Police Department ***DRAFT*** Military Equipment - 9 (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 708.7 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 708.8 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).
The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 708.9 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 10.
FROM: Matt Burton, Director of Finance and Administrative Services DATE: 05/09/2022
SUBJECT: Approve Register of Warrants, Transfers, and Wires Issued for the Period of April 9, 2022 through April 22, 2022
RECOMMENDATION
Approve the attached payment register summarized below for the period of April 9, 2022 through April 22, 2022:
Electronic Funds Transfers 10990 through 11000
Warrants 59226 through 59343
Payroll Transfers W1473
DISCUSSION
Payments to vendors for goods and services received and/or rendered are initiated and approved by the requesting department in accordance with proper purchasing guidelines.
Processing of these payments occurs centrally in the City's Finance Department with payments issued bi-weekly. A register listing of these payments is then presented to the City Council for approval. This register also includes any Electronic Funds Transfers (EFT), outgoing payroll transfers or wires issued since the previous register was presented to the City Council. Voided Payments (if any) are also included at the end of the register.
All payments are processed on the City's financial management software system. This system generates a payment batch register, sorted by warrant number (or EFT/Wire number), and presents the invoice amount and a description of the payment issued.
BUDGET IMPACT
Total warrants, transfers, and wires issued (net of any voided payments) during the period of April 9, 2022 through April 22, 2022 are $1,289,235.64.
LEGAL REVIEW
None required.
APPROVED BY: Peter Grant, City Manager
Attachments
Payment Register for the Period 04-09-22 through 04-22-22 EFT/ Warrant
Number Vendor Payment Amount Description Invoice Invoice Amount 10990 1480 - ARCO BUSINESS SOLUTIONS $ 21,946.91
Fuel/Police 3/3-4/2 NP61893126 $ 21,946.91
10991 1480 - ARCO BUSINESS SOLUTIONS $ 3,631.62
Fuel/Maint 3/3-4/2 NP61893126(A) $ 3,631.62
10992 1480 - ARCO BUSINESS SOLUTIONS $ 151.78
Fuel/Admin 3/3-4/2 NP61893126(B) $ 151.78
10993 1480 - ARCO BUSINESS SOLUTIONS $ 250.79
Fuel/CRPD 3/3-4/2 NP61893126(C) $ 250.79
10994 168 - CalPERS-Fiscal Services Division $ 3,856.50 Pension Payment/Replacement Benefit Fund/COLA Adj 2022 16757028 $ 3,856.50 10995 100505 - CITY OF CYPRESS-WORKERS COMP $ 1,088.83
W/C Claims/Prof Svcs/#24956-25011 Reimb 4/15/22 $ 1,088.83 10996 100505 - CITY OF CYPRESS-WORKERS COMP $ 15,061.68 W/C Claims/Medical/#24956-25011 Reimb(A) 4/15/22 $ 15,061.68 10997 100505 - CITY OF CYPRESS-WORKERS COMP $ 4,792.08
W/C Claims/Perm Disability/#24956-25011 Reimb(B) 4/15/22 $ 4,792.08 10998 100505 - CITY OF CYPRESS-WORKERS COMP $ 115.91
W/C Claims/Temporary Disability/#24956-25011 Reimb(C) 4/15/22 $ 115.91 10999 2085 - TRAN, KHOA $ 265.00
Refund/Permit #BS-22-38 Rfd 4/15/22 $ 265.00
11000 2086 - THAI, LISA $ 2,328.98
Refund/Permit #BS-21-462 Rfd 4/15/22 $ 2,328.98
59226 1346 - A1 TEST ONLY & SMOG $ 70.00
Svc/Smog Test/Unit #135 1191296 3/21/22 $ 35.00
Svc/Smog Test/Unit #136 1066514 3/22/22 $ 35.00
59227 129660 - ALAN'S LAWNMOWER & GARDEN SUPPLY $ 493.91 Hedge Trimmer(1) 4/4 1085290 $ 493.91
59228 105442 - ALL CITY MANAGEMENT SERVICE INC $ 15,268.31 Crossing Guard Svcs(30 Hrs)/Orange & Grindlay 3/6-3/19 76223(A) $ 678.30 Crossing Guard Svcs(645.29 Hrs) 3/6-3/19 76223 $ 14,590.01 59229 116745 - AMERINAT $ 275.00
CDBG Loan Fee/OPotter/4516 Maybury Circle FS-5423 $ 275.00 59230 107008 - ANDERSON, GINGER $ 1,613.95
Instruct/Dance 1/3-3/7 3/7/22 $ 1,613.95
59231 110860 - AT&T $ 824.23
Svc/Internet 3/22 17998849 $ 824.23
59232 110860 - AT&T $ 1,886.39
PD Svc/Mobile Data 3/22 3/22(G) $ 1,886.39
59233 110860 - AT&T $ 4.76
2481347232-Admin Phone Svc 4/22 4/22 $ 4.76
City of Cypress
Payment Register
04/09/22-04/22/22
EFT/ Warrant
Number Vendor Payment Amount Description Invoice Invoice Amount City of Cypress
Payment Register
04/09/22-04/22/22
59234 110860 - AT&T $ 1.55
East Wing Fax Line 3/22 3/22(F) $ 1.55
59235 123003 - AUSMUS, SCOTT $ 12.00
Meal/Response to Non-Criminal Barricades 3/28 Reimb 4/15/22 $ 12.00 59236 252 - AUTO ZONE, INC $ 142.28
Replace/Horn Contact/Unit #140 5521480976 $ 14.32
Replace/Signal Switch/Unit #140 5521481239 $ 107.31
Replace/Warning Light Fuse/Unit #118 5521479973 $ 17.44 Replace/Wheel Studs(2)/Unit #168 5521462750 $ 3.21
59237 960 - BARTLETT, CHRISTEN $ 160.00
Advance/Property & Evidence Conference 4/25-4/29 Adv 4/25-4/29 $ 160.00 59238 630 - BATTERY SYSTEMS INC $ 162.95
Vehicle Battery(1) 3/29 7505250 $ 162.95
59239 109327 - BEE REMOVERS/HONEYCOTT, INC $ 295.00
Svc/Bee Removal/Lexington Park 3/12 599889 $ 295.00
59240 1822 - BENEFITS COORDINATORS CORPORATION BCC $ 4,646.79 Insurance/Dental & Vision/West Comm 4/22 B0581R $ 1,117.00 Insurance/Vision/Claims/City & Dist B059DM $ 3,529.79
59241 166 - BLUE RIBBON TROPHY-LASERWERKS $ 117.78
Retirement Plaque(1)/TI 3/17 8286A $ 117.78
59242 1600 - BRIGHTVIEW LANDSCAPE SERVICES, INC $ 5,618.49 Svc/Landscape/Lexington Park 3/22 7794920A $ 5,618.49
59243 866 - C3 OFFICE SOLUTIONS $ 6.13
W/C Copier Svc/Supplies 3/22 INV145382 $ 6.13
59244 111328 - CALIFORNIA BUILDING STANDARDS COMMISSION $ 3,227.97 Building Standards 1/1/22-3/31/22 1/22-3/22 $ 3,227.97
59245 1921 - CATALAN CONSULTING, LLC $ 4,167.00
Consult/Public Affairs/COVID-19 2/22 1008 $ 4,167.00
59246 102020 - CELEBRATIONS $ 927.50
Rent/Portable Stage/Lexington Park Grand Opening 3/12 9462 $ 927.50 59247 536 - CHARLAND, MATTHEW $ 48.00
Meal/First Aid-CPR 3/29 Reimb 4/15/22 $ 12.00
Parking/InTime Online Scheduling 3/7-3/9 Reimb(A) 4/15/22 $ 36.00 59248 1617 - CONTROL AIR ENTERPRISES LLC $ 5,317.00
Svc/HVAC Preventative Maint/PD Range 12/10 3070572Reissue $ 5,317.00 59249 115003 - COUNTY OF ORANGE $ 16,182.24
Agreement/Animal Shelter 1/1/22-3/31/22 AC2290056 $ 16,182.24 59250 115003 - COUNTY OF ORANGE $ 19,955.40
CDBG Program Income 7/1/21-6/30/22 2021-2022 $ 19,955.40 59251 101108 - DANCS, DOUGLAS $ 99.00
Executive Mgmt Wellness Program 2021-2023 Reimb 4/15/22 $ 99.00
EFT/ Warrant
Number Vendor Payment Amount Description Invoice Invoice Amount City of Cypress
Payment Register
04/09/22-04/22/22
59252 2033 - DEMANET BITE SUITS, LLC $ 1,640.00
PD Canine Bite Suit(1) 3/30 7443 $ 1,640.00
59253 104010 - DEPT OF CONSERVATION-STATE OF CALIFORNIA $ 12,780.23 Strong Motion 1/1/22-3/31/22 1/22-3/22 $ 12,780.23
59254 100707 - DEPT OF JUSTICE ACCT OFFICE CASHIER UNIT $ 50.00 Fee/Charitable Trust Filing/Cypress Rec & Comm Svcs Foundation 4/15/22 $ 50.00 59255 103033 - DFM ASSOC $ 64.65
Book(1)/2022 CA Elections Code 4/15/22 $ 64.65
59256 1158 - DIRECTV $ 182.24
W/C Svc/Satellite TV 3/25-4/24 0066762204X22032 $ 182.24 59257 1432 - DOWDELL, JAMES $ 12.00
Meal/First Aid-CPR 3/15 Reimb 4/15/22 $ 12.00
59258 104530 - EXPERIAN $ 77.00
PD Credit Reports 3/22 CD2212003840 $ 77.00
59259 1115 - FRONTIER $ 1,719.07
W/C Phone Svc/5627955413 4/22 4/22(B) $ 1,719.07
59260 107964 - FUN WITH HORSES CORP $ 526.50
Instruct/Equestrian 2/5-2/26 2/26/22 $ 526.50
59261 100993 - GATEWAY URGENT CARE PRIMARY AND MULTI-SPECIALTY$ 1,005.00 DOT Test(1) 3/18 18890(B) $ 50.00
Pre-Place Physical(1)/City 3/30 18890(A) $ 590.00
Pre-Place Physical(1)/Dist 3/4 18890 $ 365.00
59262 1506 - GODOY, SERGIO $ 24.00
Meals/Less Lethal Instructor 3/24-3/25 Reimb 4/15/22 $ 24.00 59263 1936 - GOGOV, INC $ 8,040.00
Sub/Code Enforcement Tracking 5/1/22-4/30/23 22-059 $ 8,040.00 59264 119018 - GOLDEN STATE WATER COMPANY $ 7,822.13
Svc/Athletic Fields 3/22 3/22 $ 144.54
Svc/Parkway Maint 3/22 3/22(B) $ 6,938.41
Svc/Storm Drain 3/22 3/22(A) $ 739.18
59265 977 - GRANT, PETER $ 105.00
Lunch Meeting/Cypress Bistro/PG & AHM & AV & MB 3/31 Reimb 4/15/22 $ 105.00
EFT/ Warrant
Number Vendor Payment Amount Description Invoice Invoice Amount City of Cypress
Payment Register
04/09/22-04/22/22
59266 110049 - GREAT SCOTT TREE SERVICE INC $ 46,554.95 Svc/Remove Tree(1)/Right of Way 3/8 45670 $ 720.00
Svc/Trim Trees(129)/Right of Way 3/18 45738 $ 6,450.00
Svc/Trim Trees(16)/Right of Way 3/18 45739 $ 640.00
Svc/Trim Trees(265)/Right of Way 3/4 45667 $ 13,210.00
Svc/Trim Trees(38)/Right of Way 3/30 45808 $ 1,860.00
Svc/Trim Trees(41)/Right of Way 3/14 45737 $ 2,050.00
Svc/Trim Trees(42)/Right of Way 3/7 45669 $ 1,820.00
Svc/Trim Trees(67)/Right of Way 3/29 45809 $ 3,230.00
Svc/Trim Trees(68)/Right of Way 4/1 45811 $ 3,400.00
Svc/Trim Trees(85)/Right of Way 3/14 45736 $ 4,210.00
Svc/Trim Trees(89)/Right of Way 3/9 45668 $ 4,410.00
Svc/Trim Trees(92)/Right of Way 3/31 45810 $ 4,554.95
59267 110815 - GRIFFIN STRUCTURES INC $ 37,450.00
Construct Mgmt/Lexington Park 2/22 GSI-CCSPCM-16 $ 37,450.00 59268 103008 - HARTZOG & CRABILL $ 2,936.25
Svc/Monitor Traffic Signals 2/22 22-0141 $ 1,822.50
Svc/Traffic Plan Review/Signal Timing Support 2/22 22-0125 $ 1,113.75 59269 6 - HUNTER SECURITY, INC $ 1,297.50
Svc/Restroom & Tennis Court Lockup 1/22 12063 $ 1,297.50 59270 102993 - ITERIS, INC $ 3,659.31
Svc/Maintain CCTV Network 2/22 143164 $ 3,659.31
59271 2039 - KELLY SPICERS INC KELLY SPICER STORES $ 95.59 Specialty Paper(3 Rms) 4/7 10916475 $ 95.59
59272 125450 - KMBS USA, INC/KONICA MINOLTA $ 6,994.27
Copier Maint(10)/Citywide 1/1/22-3/31/22 9008502634 $ 6,994.27 59273 336 - LEXISNEXIS RISK DATA MANAGEMENT, INC $ 300.00 PD Svc/Database 3/22 153874520220331 $ 300.00
59274 106900 - MAD SCIENCE OF WEST OC $ 1,335.10
Instruct/Exploratory Laboratory 3/21-3/25 3/25/22 $ 1,335.10 59275 300 - MARSHALL, BROOK $ 48.00
Meals/Tactical Rifle Instructor 3/1-3/4 Reimb 4/15/22 $ 48.00 59276 110492 - MCBAIN, MICHAEL $ 12.00
Meal/First Aid-CPR 3/15 Reimb 4/15/22 $ 12.00
59277 914 - MCSHANE, CHRISTOPHER $ 12.00
Meal/First Aid-CPR 3/29 Reimb 4/15/22 $ 12.00
59278 1498 - METROPOLITAN TRANSPORTATION COMMISSION $ 1,500.00 Engineering Software License/StreetSaver 6/1/22-5/31/23 4926-AR12467 $ 1,500.00 59279 122124 - MIKE RAAHAUGE SHOOTING ENTERPRISES $ 44.00 PD Svc/Shooting Range(2) 3/31 1678 $ 44.00
59280 109269 - MILES, HILDA $ 1,170.00
Instruct/Hula Dance 3/22-4/20 4/20/22 $ 1,170.00
EFT/ Warrant
Number Vendor Payment Amount Description Invoice Invoice Amount City of Cypress
Payment Register
04/09/22-04/22/22
59281 480 - MIWALL CORPORATION $ 2,195.00
PD SWAT Rifle Ammo(1.6K Rnds) 4/4 1010917 $ 2,195.00
59282 80 - MORRIS, LETICIA $ 230.10
Instruct/Zumba Gold 3/3-3/31 3/31/22 $ 230.10
59283 108944 - OFFICE DEPOT $ 1,733.09
Supplies/Citywide 3/22 4/15/22 $ 1,733.09
59284 122725 - ORANGE COUNTY SANITATION DISTRICT $ 22,921.49 Sewer Connect Fees 3/22 3/22 $ 22,921.49
59285 2069 - ORBIS MANAGEMENT ANDREW YEGHNAZAR $ 2,160.00 Deposit/Consult/Relationship Mgmt/Festival Committee 001 $ 2,160.00 59286 110740 - P L PERRIN & ASSOC/PETE PERRIN $ 260.00
PD Svc/Polygraph(1) 3/30 22-01 $ 260.00
59287 1970 - PERFORMANCE PICKLEBALL, LLC $ 923.00
Instruct/Pickleball 3/23-4/15 4/15/22 $ 923.00
59288 2063 - PETER W DUNBAR $ 3,062.50
PD Svc/Strategic Planning 3/22 CPD2 $ 3,062.50
59289 102666 - PREFERRED BENEFIT INSURANCE ADMIN INC $ 5,076.48 Vision Ins/Admin Fee/City & W/C 2/22 EIA43716(B) $ 262.94 Vision Ins/Admin Fee/City 1/22 EIA43614(B) $ 127.13
Vision Ins/Claims/City & Dist & W/C 1/22 EIA43614(A) $ 1,495.57 Vision Ins/Claims/City & W/C 2/22 EIA43716(A) $ 3,093.39 Vision Ins/Premiums/City & Dist & W/C 2/22 EIA43614 $ 99.40 Vision Ins/Premiums/City 3/22 EIA43716 $ (1.95)
59290 1310 - PRESTI, CAMERON $ 12.00
Meal/First Aid-CPR 3/29 Reimb 4/15/22 $ 12.00
59291 1825 - PRISM PUBLIC RISK INNOVATION SOLUTIONS & MGMT $ 894.24 EAP/City and West Comm(414) 4/1/22-6/30/22 22401086 $ 894.24 59292 484 - QUADIENT LEASING USA, INC-MAILFINANCE INC-HASLER $ 244.73 Lease/Postage Meter 2/1/22-4/30/22 N9344770 $ 244.73
59293 580 - R.J. NOBLE COMPANY $ 37,444.21
Final/Construct/Arterial Street Rehab 3/22 209034 $ 37,444.21 59294 1966 - REIHANIFAM, CHRISTOPHER $ 36.00
Meal/Wiretap Course 3/8 Reimb(A) 4/15/22 $ 12.00
Meals/Search Warrants 3/21-3/22 Reimb 4/15/22 $ 24.00
59295 1335 - REVERE, CHRISTOPHER $ 19.25
PD Reimb/Flash Drive(1)/Labels(1K)/IA Investigation 4/2 Reimb 4/15/22 $ 19.25 59296 1992 - RONDA VOORHEES $ 858.75
Instruct/Piano & Art 3/29-4/27 4/27/22 $ 698.75
Instruct/Private Piano 3/22 3/22 $ 160.00
EFT/ Warrant
Number Vendor Payment Amount Description Invoice Invoice Amount City of Cypress
Payment Register
04/09/22-04/22/22
59297 129917 - RUTAN & TUCKER $ 2,343.00
Legal Svc/Comm Development/Park Development 1/22 923785 $ 1,470.00 Legal Svc/Housing 1/22 923784 $ 785.00
Legal Svc/Successor Agency 1/22 923783 $ 88.00
59298 676 - SHAHEEN, SHAHEEN $ 12.00
Meal/First Aid-CPR 3/15 Reimb 4/15/22 $ 12.00
59299 100598 - SIMPSON BUICK PONTIAC GMC $ 200.00
Svc/Diagnose Fuel Injection Pump/Unit #120 GCCS444407 $ 200.00 59300 119051 - SMART & FINAL (REC & PARKS) $ 128.69
Food/Lexington Park Grand Opening 3/11 20007101 $ 18.19 Food/Lexington Park Grand Opening 3/9 20004802 $ 33.96
Food/Supplies/Youth Sports 3/17 20030603 $ 34.51
Supplies/Sr Center 3/11 20006202 $ 42.03
59301 108459 - SMART & FINAL-POLICE ACCT $ 125.06
PD Supplies/Breakroom 3/14 014103 $ 58.11
PD Supplies/SWAT 3/23 005803 $ 66.95
59302 119016 - SO CAL EDISON $ 94,731.76
700134894611 - Svc/Traffic Signal 3/22 3/22(A) $ 74.94
700370018870 - Svc/Traffic Signal 3/22 3/22 $ 101.82
700428641933 Svc/Mackay Park 3/22 3/22(B) $ 42.16
Svc/Citywide 2/11-3/14 2/11/22-3/14/22 $ 94,512.84
59303 119017 - SO CAL GAS CO $ 2,170.70
00840909006 Svc/Comm Center 3/22 3/22(C) $ 547.94
08610884002 Svc/AC Park 3/22 3/22(D) $ 41.65
12600890003 Svc/Maint Yard 3/22 3/22(E) $ 162.10
13230923008 Svc/Storm Drain 3/22 3/22(H) $ 14.30
18690942000 Svc/Sr Center 3/22 3/22(G) $ 195.14
19530910009 Svc/City Hall 3/22 3/22(F) $ 1,209.57
59304 2083 - SONIA OLIVAS HARP ENCHANTS $ 375.00
Perform/Harp/Volunteer Recognition Event 4/22 4/22/22 $ 375.00 59305 543 - SORVILLO, BRYAN $ 9,244.00
Instruct/Group Tennis 3/28-4/29 4/29/22 $ 8,788.00
Instruct/Private Tennis Lessons 3/22 3/22 $ 456.00
59306 125888 - SPARKLETTS $ 21.84
Comm Center Bottled Water 3/22 4104724 3/22 $ 19.24
Print Shop Bottled Water 3/22 4105217 3/22 $ 2.60
59307 116238 - STAPLES BUSINESS ADVANTAGE $ 730.68
Supplies/Citywide 3/22 4/15/22 $ 730.68
59308 119024 - STATE COMP INSURANCE FUND $ 934.16
W/C Workers Comp Insurance 3/30-4/30 10000257995 $ 934.16 59309 122963 - STERICYCLE INC $ 41.76
PD Med Waste Removal 4/22 3005953219 $ 41.76
EFT/ Warrant
Number Vendor Payment Amount Description Invoice Invoice Amount City of Cypress
Payment Register
04/09/22-04/22/22
59310 122862 - STEVEN ENTERPRISES INC $ 767.82
Toners(3)/Printhead(1)/Engineering Plotter 4/4 0452214IN $ 767.82 59311 455 - STORETRIEVE, LLC $ 194.88
File Storage/Retrieval 3/22 0175612 $ 194.88
59312 1133 - SWAGIT PRODUCTIONS, LLC $ 695.00
Svc/Video Stream/Council Meeting 3/22 20130 $ 695.00
59313 1988 - SWAIN, COLE $ 36.00
Meals/Standard Field Sobriety Testing 2/15-2/17 Reimb 4/15/22 $ 36.00 59314 1137 - TAOIPU, PATRICK $ 2,002.00
Instruct/Intermediate Hula 3/22-5/31 5/31/22 $ 2,002.00 59315 111309 - TAVERAS, RAFAEL $ 12.00
Meal/First Aid-CPR 3/15 Reimb 4/15/22 $ 12.00
59316 588 - THE COUNSELING TEAM INTERNATIONAL $ 300.00
PD Svc/Psych Eval(1) 3/24 81746 $ 300.00
59317 109042 - TIME WARNER CABLE/SPECTRUM $ 110.68
Svc/Cable/Council Chambers 4/10-5/9 4/10/22-5/9/22 $ 110.68 59318 111260 - TRACKER PRODUCTS $ 5,840.10
PD Software Maint/Barcode System 3/21/22-3/20/23 TPINV-003526 $ 5,840.10 59319 591 - TRC-VALI COOPER AND ASSOCIATES, INC $ 46,155.93 Final/Inspect/Engineering Permit #21-111 10/21 34827 $ 12,584.00 Inspect/Concrete Rehab 3/22 36309-R $ 11,646.93
Inspect/Katella Ave Median Restoration 1/22 35979 $ 13,552.00 Inspect/Katella Ave Median Restoration 2/22 36304 $ 176.00 Inspect/Park Enhancements/Citywide 2/22 36305 $ 1,056.00 Inspect/Sewer Improvements/Lexington Park 2/22 36307 $ 4,325.00 Inspect/Various Non-CIP Engineering Permits 2/22 36306 $ 2,816.00 59320 1994 - TRUTH BE TOLD POLYGRAPH, LLC YOLANDA GELLIS $ 1,435.00 PD Svc/Polygraphs(7) 2/22 CYPD-2022/02 $ 1,435.00
59321 127207 - UNDERGROUND SVS ALERT OF SO CA $ 113.95
Svc/DigAlert Tickets 3/22 320220207 $ 113.95
59322 1139 - UNIFIRST CORP $ 636.87
Uniforms/Mats/Mops/Towels 3/22 3/22 $ 636.87
59323 1242 - UNIFORM DEPOT, INC-MR UNIFORM $ 184.95
PD Uniform/Aide MElgowhary 6248 $ 184.95
59324 100308 - UNITED MAINTENANCE SYSTEMS $ 19,059.00
Svc/Janitorial/Citywide 3/22 15169 $ 5,286.50
Svc/Janitorial/Lexington Park Restrooms 3/10-3/31 15178 $ 847.00 Svc/Janitorial/Park Restrooms(7) 3/22 15171 $ 4,945.50
Svc/Janitorial/Rec & Park Facilities 3/22 15172 $ 7,980.00 59325 128320 - WEST-LITE SUPPLY CO INC $ 480.49
Lamps(60)/City Hall 3/23 76462C(A) $ 139.50
Light(1)/Fitter(1)/Pole Holder(1)/Maint Yard 3/23 76462C $ 340.99
EFT/ Warrant
Number Vendor Payment Amount Description Invoice Invoice Amount City of Cypress
Payment Register
04/09/22-04/22/22
59326 1962 - WEX HEALTH INC-WEX $ 93.75
Admin Fee/FSA 3/22 0001509342IN $ 93.75
59327 101980 - WORTHINGTON FORD $ 3,793.75
Replace/Catalytic Converter/Unit #143 124707/1 $ 3,793.75 59328 2044 - YOUTH EVOLUTION ACTIVITIES $ 1,801.80
Instruct/Youth Basketball 3/24-4/21 4/21/22 $ 1,801.80
59329 1974 - YUNEX LLC $ 10,164.82
Repair/Traffic Signal Knockdown/Valley View & Warland 2/7 5620039280 $ 3,693.00 Repair/Traffic Signals 2/22 5620039267 $ 2,340.75
Traffic Signal Maint 2/22 5610280122 $ 4,131.07
59330 0 - CHANG, VERONICA $ 67.00
Refund/Ballet 4/14-6/2 Rfd 4/15/22 $ 67.00
59331 0 - CHI, PEI-LING $ 53.00
Refund/Karate 4/6-4/20 Rfd 4/15/22 $ 53.00
59332 0 - CHOU, YUNG LUN $ 27.00
Refund/Karate 4/6-4/20 Rfd 4/15/22 $ 27.00
59333 0 - DRONKERS, JEFF $ 129.00
Refund/Ballet 4/14-6/2 Rfd 4/15/22 $ 129.00
59334 0 - DUARTE, MARCOS $ 58.00
Refund/Citation #CP449366 Rfd 4/15/22 $ 58.00
59335 0 - GAITHER, KIMBERLEY $ 300.00
Refund/Facility Deposit/Contract #5638 Rfd 4/15/22 $ 300.00 59336 0 - NAKAKIHARA, JANET $ 77.00
Refund/Ballet 4/14-6/2 Rfd 4/15/22 $ 77.00
59337 0 - NGUYEN, MAI HUONG $ 137.00
Refund/Camp Cypress 8/8-8/12 Rfd 4/15/22 $ 137.00
59338 0 - PM DESIGN GROUP, INC $ 7,502.00
Refund/Business Recovery Program/Zoning Fees/CUP #2022-01 Rfd 4/15/22 $ 7,502.00 59339 0 - RODRIQUEZ, RONALDO $ 105.00
Refund/Citation #CP 466918 Rfd 4/15/22 $ 105.00
59340 0 - THAKRAR, JATINKUMAR $ 300.00
Refund/Facility Deposit/Contract #5588 Rfd 4/15/22 $ 300.00 59341 0 - WANG, LI $ 1,000.00
Refund/Recycling Deposit/BP #13014 Rfd 4/15/22 $ 1,000.00 59342 960 - BARTLETT, CHRISTEN $ 12.00
Meal/Court & Temporary Holdings Facilities 8/30 Reimb 9/17/21 $ 12.00 59343 1310 - PRESTI, CAMERON $ 36.21
Reimb/CA Homicide Investigators Assoc of CA 8/24-8/27 Reimb 9/17/21 $ 36.21 57715 960 - BARTLETT, CHRISTEN $ (12.00)
Meal/Court & Temporary Holdings Facilities 8/30 Reimb 9/17/21 $ (12.00) 57757 1310 - PRESTI, CAMERON $ (36.21)
Reimb/CA Homicide Investigators Assoc of CA 8/24-8/27 Reimb 9/17/21 $ (36.21)
EFT/ Warrant
Number Vendor Payment Amount Description Invoice Invoice Amount City of Cypress
Payment Register
04/09/22-04/22/22
Total EFTs $ 53,490.08 $ 53,490.08
Total Warrants 511,743.70 511,743.70
Transfer to Payroll (W1473) 724,001.86 Payroll 04/01/22-04/15/22 724,001.86 Grand Totals $ 1,289,235.64 $ 1,289,235.64
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 11.
FROM: Jason Machado, Senior Management Analyst
DATE: 05/09/2022
SUBJECT: Introduce an Ordinance Establishing Regulations Prohibiting the Unlawful Possession of Catalytic Converters
RECOMMENDATION
Introduce for first reading, by title only, an Ordinance establishing regulations prohibiting the unlawful possession of catalytic converters.
DISCUSSION
The number and frequency of catalytic converter thefts have risen dramatically over the last year in Cypress, throughout Southern California and across the nation. From 2020 to 2021, catalytic converter thefts increased 175% in Cypress, bringing the total to nearly 250 since of 2020.
The rise in catalytic converter thefts is attributed to the increase in the value of precious metals. Catalytic converters contain platinum, palladium, and rhodium, making them an attractive target for criminals. A catalytic converter is easily removed from a vehicle using a reciprocating saw. Once the catalytic converter is removed, thieves transport it to scrap metal dealers and sell it. The scrap metal dealer then extracts the precious metals for a profit.
Catalytic converter thefts are challenging for law enforcement because catalytic converters do not have serial numbers or other identifying markers. In California, a Police Officer who encounters an individual in possession of a catalytic converter under suspicious circumstances must locate the rightful owner before making an arrest. If the Police Officer cannot locate the rightful owner, the person in possession of the catalytic converter may be released absent other evidence of criminal activity. Additionally, there are no laws that regulate the recycling/sale of catalytic converters nor require proof of how a catalytic converter was obtained. As result, 97% of catalytic converter theft cases in Cypress remain unsolved.
To combat catalytic converter theft, the Police department recommends an ordinance making it unlawful to possess a catalytic converter that is not attached to a vehicle without valid documentation or proof of lawful possession. The ordinance will provide the Police department an additional tool to protect the public and deter criminal activity. Over time, the ordinance should reduce catalytic converter thefts and:
Deter criminals by establishing zero-tolerance for catalytic converter thefts Create penalties for possessing stolen catalytic converters Prevent criminals from profiting from the sale and recycling of stolen catalytic converters Provide justice to the victims of catalytic converter thefts Reduce Part I crimes
BUDGET IMPACT
None.
LEGAL REVIEW
The City Attorney has reviewed and approved the Ordinance.
APPROVED BY: Peter Grant, City Manager
Attachments
Ordinance
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITYOF CYPRESS, CALIFORNIA, ADDING SECTION 17-75 OF THE CYPRESS MUNICIPAL
CODE ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL
POSSESSION OF CATALYTIC CONVERTERS IN THE CITY
WHEREAS, the citizens of Cypress have been plagued with hundreds of catalytic converter thefts from automobiles over the past several years; and WHEREAS, catalytic converter thefts increased 175% from 2020 to 2021, bringing the total to over 238 since the beginning of 2020; and
WHEREAS, catalytic converter thefts are on the rise because individuals are incentivized to commit catalytic converter thefts for multiple reasons including, but not limited to: (1) the ease and undetectable nature of committing the thefts in a matter of seconds using common tools such as a reciprocating saw, (2) the ability to recycle catalytic converters at scrap metal yards for high dollar returns ranging from $200 to $1,200 per catalytic converter, and (3) loopholes in legislation protecting criminals from prosecution unless a victim can be identified; and
WHEREAS, there is currently no City, State, or Federal legislation applicable within the City of Cypress to define and punish catalytic converter thefts absent an identifiable victim; and
WHEREAS, there is currently no City, State, or Federal legislation applicable within the City of Cypress to define and punish the recycling or sale of unlawfully obtained catalytic converters, thus incentivizing criminal enterprise of catalytic converter thefts; and WHEREAS, there are currently no City, State, or Federal legislation applicable within the City of Cypress requiring individuals to provide proof to law enforcement as to how they obtained catalytic converters, thus limiting law enforcement’s ability to protect the public by preventing catalytic converter thefts and preventing law enforcement from seizing suspected stolen catalytic converters when no victim is present; and WHEREAS, finding a victim of these crimes is nearly impossible due to the undetectable nature of the catalytic converter thefts and catalytic converters being untraceable to link back to a victim (no identifying markers on the catalytic converters); and
WHEREAS, due to lack of legislation defining and prosecuting these thefts, 97% of all catalytic converter theft cases in the City of Cypress have gone unsolved; and WHEREAS, the citizens of Cypress and the Cypress Police Department are in need of legislation for multiple reasons including, but not limited to: (1) deterrence by establishing zero-tolerance for catalytic converter thefts, (2) sanctions for possessing stolen catalytic converters, (3) preventing criminals from profiting from the sale and recycling of stolen catalytic converters, (4) providing indirect justice to the victims of catalytic converter thefts whose cases will go unsolved, and (5) reducing Part I crime statistics which catalytic converter thefts have negatively impacted.
WHEREAS, this Ordinance is necessary to provide the City of Cypress Police Department clearly established legal authority to protect the public and deter this criminal activity.
NOW, THEREFORE, the City Council of the City of Cypress DOES HEREBY ORDAIN as follows:
SECTION 1. The above recitals are true and correct and incorporated herein.
SECTION 2. Section 17-75 of the Cypress Municipal Code is hereby added to read in its entirety as follows:
“Sec. 17-75. Unlawful Possession of a Catalytic Converter.
A. It shall be unlawful to possess any catalytic converter that is not attached to a vehicle unless the possessor has valid documentation or other proof to verify they are in lawful possession of the catalytic converter.
B. For purposes of this section, “lawful possession” includes being the lawful owner of the catalytic converter or in possession of the catalytic converter with the lawful owner’s written consent. It is not required to prove the catalytic converter was stolen to establish the possession is not a “lawful possession.” C. For purposes of this section, “documentation or other proof” means written document(s) that clearly identify the vehicle from which the catalytic converter originated and includes but is not limited to the following document types:
bill of sale from the original owner with photographs, documentation from an autobody shop proving the owner relinquished the catalytic converter to the auto-body shop, verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter, photographs of the vehicle from which the catalytic converter originated, vehicle registration associated with the catalytic converter containing an etched associated license plate number or vehicle identification number. The validity of “ documentation or other proof” is based on the totality of the circumstances.
D. Each and every violation of this section shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the Cypress Municipal Code. Each and every catalytic converter unlawfully possessed is a separate violation of this section.
E. Each and every violation of this section may, in the discretion of the District Attorney or City Attorney, be prosecuted as a misdemeanor and upon conviction be subject to a fine not to exceed $500 or imprisonment in the county jail for a period of not more than 12 months, or by both such fine and imprisonment.
F. The remedies provided herein are not to be construed as exclusive remedies. The City is authorized to pursue any proceedings or remedies provided by law.”
SECTION 3. This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines because there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment. (14 Cal. Code Regs. § 15061(b)(3).) City staff shall cause a Notice of Exemption to be filed as authorized by CEQA and the State CEQAGuidelines.
SECTION 4. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions thereof be declared invalid or unconstitutional.
SECTION 5. The City Clerk shall certify to the passage of this Ordinance and this Ordinance shall be published as required by law and shall take effect as provided by law.
FIRST READING at a regular meeting of the City Council of the City of Cypress held on the _______ day of ________, 2022 and finally adopted and ordered posted at a regular meeting held on the ______ day of _____, 2022.
___________________________
Paulo Morales, Mayor
ATTEST:
__________________________
Alisha Farnell, City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, Alisha Farnell, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing was duly adopted at a regularly scheduled meeting of said City Council held on the ____ day of ______________, 2022, by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
__________________________
Alisha Farnell, City Clerk
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 12.
FROM: Douglas Dancs, Director of Public Works
DATE: 05/09/2022
SUBJECT: Consider and Provide Direction on the Maple Grove Park North Restroom Capital Improvement Project
RECOMMENDATION
Review the project and provide direction.
DISCUSSION
In February, the City Council received an update on the FY 2021-27 Capital Improvement Plan which includes the installation of a restroom at Maple Grove Park North. In response to neighborhood concerns about the project, Council Members Minikus and Peat held a meeting at the park. After the neighborhood meeting, and responding to comments from Council Members at the April 25 City Council meeting, it is recommended the City Council reconsider the Maple Grove Park North restroom project.
Background
The City Council unanimously approved installing a restroom at Maple Grove Park North as part of the FY 2021-22 Capital Improvement Program (CIP). While there are restrooms at Willow, Mackay, Evergreen, Arnold Cypress, Oak Knoll, Lexington, and Veterans Parks, this $600,000 project would install the first park restroom in the southern half of Cypress. Park restrooms are locked and cleaned every night and there is no evidence restrooms adversely affect public safety in Cypress parks or the surrounding neighborhoods.
The City Council awarded a task order for the project’s design in July 2021 and Public Works has spent approximately $35,000 on project design. If the project proceeds, the City Council is scheduled to consider plans before the end of FY 2021-22 and the construction contract bid would be advertised this summer.
BUDGET IMPACT
If the project is canceled, the remaining unexpended budget (approximately $565,000) will If the project is canceled, the remaining unexpended budget (approximately $565,000) will return to fund balance assigned for Capital Improvement Projects in the District's General Fund.
LEGAL REVIEW
None required.
APPROVED BY: Peter Grant, City Manager
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 13.
FROM: Scott Minikus, Council Member
DATE: 05/09/2022
SUBJECT: Consider a Proclamation in Support of Diversity and Inclusion
RECOMMENDATION
Approve a Proclamation in Support of Diversity and Inclusion.
DISCUSSION
Council Member Minikus requested a proclamation in support of diversity and inclusion be added to the May 9 City Council agenda. The attached proclamation was drafted using similar proclamations from governments throughout California and across the nation as a guide.
BUDGET IMPACT
None.
LEGAL REVIEW
None.
APPROVED BY: Peter Grant, City Manager
Attachments
Proclamation
PROCLAMATION IN SUPPORT OF DIVERSITY AND INCLUSION
WHEREAS, the City of Cypress’ Vision Statement is, “Cypress, an engaged and diverse community, will honor the past and embrace sustainable growth for families and businesses to prosper”; and
WHEREAS, the City of Cypress is a diverse and vibrant community, committed to promoting an accessible, safe, welcoming and inclusive community; and WHEREAS, the City of Cypress welcomes and celebrates all people, of all races, colors, religions, national origins, sexes, genders, ages, abilities, neurodiversities, or cultures; and
WHEREAS, our community values all people, regardless of race, color, religion, national origin, sex, gender, age, ability, neurodiversity, or culture; and WHEREAS, we recognize that diversity and inclusion are essential to our community; and
WHEREAS, the City of Cypress seeks to engage and include all residents, neighborhoods, community groups, and ethnic groups in their municipal government and embraces the critical role that City leaders play in fostering these values in future generations of citizens.
NOW, THEREFORE, I, PAULO M. MORALES, Mayor of the City of Cypress, along with my fellow Council Members, do hereby proclaim the City of Cypress’ Support for Diversity and Inclusion, and proclaim our commitment to:
• Build awareness and embrace tolerance; and
• Every individual having the ability to live freely and express their opinions free from fear, intolerance and prejudice; and
• Invite and encourage our community to promote inclusiveness, celebrate diversity, support all community members, prevent the spread of disinformation, and reject hate and bias in all forms; and
• Encourage our residents to:
o Include others and make them feel welcome;
o Create an accepting community;
o Listen and learn from others and their perspectives;
o Speak up against unkind and hateful behaviors;
o Make conscious choices that positively impact our community; o Protect others from prejudice and discrimination;
o Actively seek opportunities to unite our community and reject efforts to divide us; and
o Respect and embrace everyone for who they are.
_________________________________
PAULO M. MORALES
MAYOR OF THE CITY OF CYPRESS
Dated: May 9, 2022
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 14.
FROM: Scott Minikus, Council Member
DATE: 05/09/2022
SUBJECT: Consider Directing the City Manager to Audit the Solid Waste Franchise
RECOMMENDATION
Consider directing the City Manager to audit the Solid Waste Franchise.
DISCUSSION
Council Member Minikus requested an agenda item to direct the City Manager to audit the Solid Waste Franchise be added to the May 9 City Council agenda.
Section 8.04.1 of the Solid Waste Franchise provides the City the right to audit the Franchise:
The City reserves the right to conduct audits of Collector's payments, operations and financial records. The Collector shall cooperate with the City in connection therewith, including permitting City employees or agents, designated by the Contract Officer, to ride in the Collection vehicles, to inspect records consistent with the terms of this agreement and to review and inspect all other information and facilities necessary to conduct the audits. The Collector shall have no responsibility or liability for the salary, wages, benefits or worker compensation claims of any person designated by the Contract Officer to conduct such audits. The scope of the audit, and auditing party, will be determined by City and the scope may include, but is not limited to, Customer Service levels and Billing, tonnage, verification of weightings of cost components used in the rate adjustment formula described in Section 9, and verification of diversion rate.
If inaccuracies are found, City may expand the scope of the audit and recover from the Collector any additional audit costs resulting from the expanded scope.
The Franchise also provides that Valley Vista Services (VVS) shall reimburse the City for the actual cost of audits ... Payment shall be deducted from the City's payment for Residential services in the month following the completion of the audit.
Public Works review of solid waste audits by other agencies found that most examine commercial operations and recycling diversion. Reviews with broader scopes generally examined some combination of:
Customer service (analyzing complaints, service requests and response times) Finances (analyzing franchise payments and billing accuracy)* Regulatory compliance/reporting (analyzing recycling diversion compliance and education programs)
Hauler operations (verifying routes, vehicle condition/maintenance, and bins and containers)
*It is important to note that many municipal waste haulers, including VVS, are private companies that do not disclose financial data in a public report. As a result, solid waste franchise audits focus on verifying that the public agency/franchisee has received full payment and that customer billing is accurate. Private waste haulers may not prepare audited financial reports and other financial information may be proprietary.
If the City Council approves this request, it should provide guidance regarding the scope of the audit. If the request is approved, the City Manager will:
Recommend an audit scope (based on City Council guidance) and budget appropriation at a future City Council meeting (likely May 24); then
1. Issue a Request for Proposals based on the City Council-approved scope of work (late May/early June); and then
2. 3. Recommend a contract with a firm to conduct the audit (likely July 11).
It is anticipated the audit can be completed before the end of the calendar year.
BUDGET IMPACT
None. The City will be reimbursed by VVS for the cost of the audit.
LEGAL REVIEW
None.
APPROVED BY: Peter Grant, City Manager