220518 1400 ConcernsFrom:Depoy CIV David W
To:Cypress Administration; Paulo Morales; Anne Hertz-Mallari; Frances Marquez; Scott Minikus; Jon Peat
Subject:Concerns
Date:Wednesday, May 18, 2022 2:00:07 PM
Dear Cypress Council and Mr. Grant,
Good day. I'll keep this brief. I'm on lunch. I'm using my government
email as my personal email has so many filters you guys get blocked. I work
for the military and for the U.S. Department of Justice. I'm aware the city
council isn't to respond or pay attention to constituents either in the
council meetings, calls or via email. That's my understanding and that's a
rather stupid idiotic policy. In my work, if I didn't respond to my
customers in my work, I'd get a quick reprimand with notice, have a
not-so-nice meeting with my top officials and if I didn't shape up, they'd
fire me and ship me out on the third infraction. My work requires it.
As a 55-year Cypress citizen, I have a question, what's the city policy is
about delivery trucks and other noise-making machines and apparatus in city
code? I read the code with my legal team and know, but I need a response.
I bring this up, as over at Ralphs at Ball and Bloomfield, delivery trucks
are not permitted to deliver product before 7 a.m. on weekdays and a bit
later on weekends. No running engines. There are signs saying so.
Tanglewood is there. In addition, people in residential areas are not
permitted to run their mowers and leaf blowers before a certain time in the
morning, and during the day for only a certain amount of time. Looks like
the municipal code is clear about noise. My concern is two-fold, one is
about the trash hauler Valley Vista and the other is about the city, both
who I know are breaking municipal code. How might you ask? Since the noise
ordinance says 7 a.m. on weekdays, why is Valley Vista pulling up to the
trash bins and picking up trash at Lexington Junior High at 5:55 a.m.?
Homes are adjacent to that location and my neighbor's back window faces that
same area and often a Valley Vista trash truck shows up, and for 5 minutes
we get to hear clank, clunk, bang and other assorted disturbing noises that
wakes people up. Go stand out there and watch the show or maybe one of your
constituents can come to your home and toot a horn for 15 minutes. I'm sure
the police would get a call quick. These are all code violations. Why do
they get away with it?
However, the noise problems aren't only with Valley Vista. It's with
the city. Why does the street sweeper pass by homes on Orange Avenue at 5:45
a.m.? They have. I am a witness. That's again a violation of the municipal
code. I'm certain the sweeper can sweep in non-residential areas before 7
a.m. Leave it to streets in normal hours. This ridiculousness has taken
place dozens of times. You can't argue they have to do it before 7 a.m.,
before school and before traffic increases. I have seen the sweeper on
Orange Avenue by Lexington pass by many times in the middle of the day. I'm
on a Teams call with my colleagues and they all can hear the darn thing
pass. You know what's really crazy, the sweeper will come by at 5:45, only
to return and sweep the same street again later in the morning. I've
witnessed that too. Many times. A colleague was staying here, as his home
was being renovated and the trash truck and the sweeper both woke him up. My
wife is disabled (MS) and she's been woke up numerous times. She's got
severe fatigue and needs rest. This isn't about a noisy street, Orange at
that hour isn't bad. It's the city and the trash hauler, and both are
violating city code.
With all my contacts at the state, I got in touch with the attorney
general's office and asked simply, does the city had to follow city code.
The answer was an emphatic yes. They asked what city this was involving,
when I told them their response was we've had complaints before. You are
subject to the same codes everyone else is. They told me to complain to the
Orange County Sheriff as a noise complaint and include the California
Attorney General's office for such a matter. That's what we'll do.
Two last issues briefly. Recently I have had trouble with Valley Vista
emptying our trash and recycle carts. It's not because the trash or recycles
are packed in, they're not. I packed them lightly and did not cram anything
in the cart. I stood out and watched and the driver would bring up the cart
and dump it quickly, then return it to the ground. He didn't give it a
chance to empty or give it a second chance. Stuff falls out too. A few times
my cart was only half emptied and this has taken place more than once. They
are not doing what we customers are paying for. I was told not to complain
to the city per se, instead the state of California. Breach of contract and
that's easy to prove with pictures.
And lastly, today I watched the driver using the "compactor" for several
minutes to compact the trash in the truck. The conveyer that lifts the cart
to empty got covered with trash and when he dropped the cart down to the
ground, trash went all over the street. This took place at several homes.
It's happened on several different days. The trash guy, he's oblivious to at
all, and probably doesn't care, get me done with this and give me my
paycheck. I see it all the time with contractors. I was so appalled I forgot
to grab a camera. I picked trash up instead. That's actually Valley Vista's
job.
I am aware Valley Vista requested and received it's rate increase,
however, the way they do business their service isn't worth a dime of that.
Part of my work for the military is contracts and they would get a written
warning, then we'd have a serious meeting, and if they didn't fix the
problem within a given specified period of time, the contract would go void.
It's written in the contract. I make sure the SOW and SOP include it so we
can drop the contract when a contractor works in bad faith. Valley Vista
would get a reprimand and a warning to fix and repair the problem or have
the contract terminated by me. I've done it, hated to, but I have. We have
outhouse problems on base all the time. I won't go into it, but we do. We've
had 5 contractors in the last three years.
And, recently I discovered two cases the DOJ is investigating that could
affect California cities. One is regarding Valley Vista and some of its
management. Maybe some of your friends or friend? What it's about and who is
involved, I can't tell say as I'm not directly involved in the investigation
don't have a need to know. I see complaints, who and what and complaint
numbers, nothing more. The second is in the civil rights division, again I
don't have exact details, where two towns in Massachusetts or Vermont are
being investigated for civil rights violations. Constituents complained. It
has to do with street sweeping tickets and the citing of disabled and
elderly people who fail to move their cars. I wasn't aware, but even though
the state tells you can fine a person for blocking the sweeper, if the
person has an special circumstance (old age or disability) cities can't
punish them with a street sweeping ticket. It's a penalty and punishment.
You would be punishing them for a disability. Bad move. Three no cites
doesn't get cities out of it, as major diseases don't happen only 3 times. I
believe we'll see that case eventually at the high court as those cities
fight it all the way up. If the government wins, which I think they will,
cities would have to pay victims back and victims would be able to sue in
Federal court for lots of money. The reason I tell you this one of my
colleagues who helps work these cases says there's dozens of cities in
California that are violating people civil rights and if the high court
rules how I think they will, many cities will face lawsuits from
constituents. Interesting. Lunch is over, back to work. Have a good day.
Respectfully,
David