Minutes 95-04-03.
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MINUTES OF AN ADJOURNED MEETING OF THE
CYPRESS CITY COUNCIL
HELD
April 3, 1995
The Adjourned Regular Meeting of the Cypress City Council was called to order at 5:45
p.m., MOnday, April 3, 1995 In the Administrative Conference Room, City Hall, 5275
orange Avenue, Cypress, Mayor Cecilia L. Age presiding.
PRESENT:
ABSENT:
Council members Bowman, carroll, Jones, Kerry and Age
None
ORAL COMMUNICATIONS: No one spoke.
INTERVIEW SESSION: The City Council Interviewed applicants for the two vacancies on the
Cultural Arts Commission and for the two vacancies on the Traffic Commission.
CLOSED SESSION: At 6:45 p.m., Mayor Age recessed the meeting to enable the Council to
enter Into Closed session to discuss the agendlzed Item of Conference with Legal
Counsel - Anticipated Litigation (Government Code section 54956.9(bl on one potential
case. Also present were City Manager/City Clerk Darrell Essex and City Attorney John
cavanaugh. At the conclusion of the Closed session the Council adjourned to the Council
Chamber to continue with the remainder of the April 3, 1995 Agenda items.
The meeting reconvened at 8:35 p.m. with all Councllmembers present.
CONSIDERATION OF DISCUSSION FOR CLARIFICATION OF ITEM NO. 28 OF THE MARCH 27. 1995
CITY COUNCIL MEETING REGARDING THE BRIGGEMAN DISPOSAL COMPANY FRANCHISE TERM
EXTENSION: The City Attorney Introduced the Item, stating there had been an apparent
confusion on the fOllowing Issues regarding the vote taken by the Council on March 27,
1995: (11 whether or not the $700,000 financing agreement was part of the original
motion to extend the contract; and, (21 what consideration was being given by Mr.
Brlggeman in exchange for the 20 year term extension. The City Attorney explained
that the original motion as made by Councllmember Jones, and agreed to by
Councllmembers Age, Bowman and Carroll, was to grant a 20 year franchise agreement,
but there was no consensus or approval by the Council to consider any part of the
$700,000 financing agreement proposal. There was discussion on the consideration
given by Mr. Briggeman In eXChange for the extension of the franchise agreement,
which was clarified among the Council members wherein It was agreed that the action
taken on March 27 regarding the Brlggeman Franchise Agreement remained unchanged.
Mayor Age asked the City Attorney to clarify the matter of the $700,000 no longer being
considered. The City Attorney explained that the $700,000 was not part of the original
motion that was considered by the Council and, In fact, would not be an issue to be
considered by this Council.
Councllmember Kerry advised that she abstained on the original vote and would
continue to do so.
The City Attorney advised that no further action needed to be taken.
ORAL COMMUNICATIONS:
Mr. Reynold Elkin, 4034 Orange Avenue, Cypress, asked about the $700,000 financing
dropping out of the discussions without consideration.
The City Attorney explained that the $700,000 was never part of the original motion and
It was the Council's Intent that not be part of any approval process now or at some
point In time.
Council member Bowman stated that the $700,000 was no longer an issue.
Mr. George Brlggeman thanked the City Council and staff for arriving at a satisfactory
conclusion and he apOlogized for any confusion and misunderstanding that may have
arisen. He thanked those people who came In support of him to speak on his behalf.
Councllmember Carroll stated that the entire City Council supported Mr. Briggeman who
has done a fine jOb servicing the City. His Issue was with how the City CounCil
approached the matter and never was Mr. Brlggeman the central Issue.
Council member Kerry thanked Mr. Brlggeman for all his support to the City and School
District.
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MS. Jane Wozniak, 4480 Avenlda Granada, Cypress, thanked Mr. Brlggeman for his support
and didn't feel that 20 years would make a difference and a gOOd job would continue to
be performed.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, stated he paid more for his trash pickup
than he did for his water. The trash company Is recycling 25% or more of what they
pick up; they're selling It and the bill should go down.
Mr. Brlggeman responded to the questions on the revenues, and basically, the cost to
process the recyclables far exceeds what It would cost to landfill the wastes. The
savings Is experienced at the landfill because the $22.75 per ton Is not being paid to
deposit the recyclables, but $25.00 per ton Is paid to sort the recyclables from the
residential sector and $40.oolton from the commercial sector, which Is why he wanted
to construct his own material recovery facility.
MS. Alicia Kimble, expressed her appreciation to Brlggeman for the extra trash pickups.
Mr. Edward SOuthfleld asked the Council to reconsider the $700,000 because It was a
better investment than the orange County Investment pool would have been.
Mr. Tim Keenan concurred with the statements made supporting George Brlggeman and
perhaps is an item that the public should be talking about In a public forum. The most
Important thing Is that the Council not be too tight with a vendor or service provider.
MS. Nancy Trainer, 4139 Elizabeth ct., Cypress, spoke about the recent flood In
Tanglewood and commended Briggeman Disposal for their help and kindnesses during
that time.
Ms. Jean A. stevo, thanked Brlggeman for their good service; however, the point Is
assurance that the vendors will continue to provide good service In the future as well
because when long contracts are given there Is no guarantee that the service will
continue.
Mr. Joe Hardcastle stated he did not bring this up to criticize Mr. Brlggeman or the trash
collection system, but where Is the money going. AlSO, If there was to be no financing
agreement, why was a 20 year contract needed.
Council member Carroll reported that the franchise agreement does give the City a
percentage of the recyclable sales based on gross revenue.
Councllmember Bowman explained the residential trash bill and the base rate was $8.46
per month and considerably less compared to other cities. The commercial trash bill Is
almost Identical to what other cities charge businesses.
Mayor Age announced that there will be no pUbliC hearing, the matter has been voted
on for a 20 year contract. The Issue of the $700,000 has been dropped and will not
come back to Council.
Mr. George Brlggeman answered a question previously asked on why he needed a 20
year contract If there wasn't to be a loan of $700,000. The $700,000 never had anything
to do with the 20 year contract. The 20 year term Is to provide him the opportunity to
finance a bUilding to be constructed in LoS Alamitos, which will house the equipment
that was to be financed. The revenue from the recyclables does not come close to
offSetting the cost of the collection and processing fees.
CLOSED SESSION: Mayor Age recessed the meeting at 9:20 p.m to enable the Council to
enter Into a Closed session to discuss further the matters of anticipated litigation as
stated on the agenda.
ADJOURNMENT: Mayor Age adjourned the meeting at 10:15 p.m. to 4:30 p.m., MOnday,
April 10, 1995 In the Administrative Conference Room.
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A OF HE CI1'Y OF CY~~
ATTEST:
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CI1'Y C E THE CI OF CYPRESS