Resolution No. 5542 362
RESOLUTION NO. 5542
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, NAMING THE CITY OF CYPRESS AS A PLAINTIFF, ALONG WITH THE AIRPORT
WORKING GROUP OF ORANGE COUNTY, INC., ORANGE COUNTY REGIONAL AIRPORT
AUTHORITY, AND OTHER PLAINTIFFS, IN THE CIVIL ACTION CHALLENGING THE LEGALITY OF
MEASURE W
WHEREAS, the City of Cypress opposed the Orange County Central Park and Nature Preserve
Initiative which appeared on the March 5, 2002 Orange County ballot as "Measure W"; and
WHEREAS, a majority of City of Cypress voters opposed Measure W; and
WHEREAS, on March 5, 2002, Measure W was approved by a majority of Orange County voters;
and
WHEREAS, the Airport Working Group of Orange County (AWG) desires to bring a civil action in
the Superior Court of the State of California, County of Orange, challenging the lawfulness of Measure W
and the electoral process which resulted in its passage ("Civil Action"); and
WHEREAS, the Orange County Regional Airport Authority (OCRAA) took action at its March 13,
2002 Board meeting to appear as a named plaintiff, along with AWG and other plaintiffs, in the civil
action; and
WHEREAS, the City of Cypress is a member of OCRAA; and
WHEREAS, the City of Cypress also desires to appear as a named plaintiff, along with AWG and
other plaintiffs, in the civil action; and
WHEREAS, AWG desires to include the City of Cypress as a named plaintiff, along with AWG
and other plaintiffs, in the civil action; and
WHEREAS, the City of Cypress does not wish to incur any costs, expenses, fees, obligations or
liabilities in connection with, or arising out of the participation of the City of Cypress in the civil action; and
WHEREAS, AWG agrees to prepare and file, in the Superior Court of the State of California,
County of Orange, a civil complaint, which will include the City of Cypress, along with AWG and other
plaintiffs, as a named plaintiff therein, challenging the lawfulness of Measure W and the electoral process
which resulted in its passage ("Complaint"); and
WHEREAS, AWG agrees to and shall indemnify and save the City of Cypress, its officials,
employees, and agents harmless from and against any and all liability, loss or damage, including but not
limited to any and all claims, demands, actions, and causes of actions, including without limitation,
expenses, costs, and attorneys' fees which AWG, its employees and agents may at any time sustain or
incur by reason of the participation of the City of Cypress in the civil action.
NOW, THEREFORE BE IT RESOLVED that the City of Cypress agrees to enter into an
indemnity agreement with AWG regarding the civil action challenging Measure W.
AND, THEREFORE BE IT FURTHER RESOLVED that the City of Cypress hereby directs the
City Manager to take whatever action is necessary to include the City of Cypress as a named plaintiff,
along with AWG, OCRAA and other plaintiffs, in the civil action challenging the legality of Measure W.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 8th day of April, 2002.
LYDI NDHI, ayor
FRANK S. McCOY, Mayor Pro T
TIM KEENAN, Council Member
KK�
MI - Council Member
e ber
NA L. PIERCY, Council Member
TEST
. .elm. •. -..4._■
1 CLER OF THE Y OF CYPRESS
363
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
I, JILL R. INGRAM-GUERTIN, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the
foregoing Resolution was duly adopted at a regular meeting of the said City Council held on the 8th day
of April, 2002; by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Keenan, McGill, Piercy and Sondhi
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: McCoy
, f •
WA, It! • ■ -UP
if Y CLERK OF THE Y OF CYPRESS