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Frances Marquez Personal Devices Production65462.00001\40150944.1 Bend OR (541) 382-3011 Indian Wells (760) 568-2611 Irvine (949) 263-2600 Los Angeles (213) 617-8100 Ontario (909) 989-8584 2001 N. Main Street, Suite 390, Walnut Creek, CA 94596 Phone: (925) 977-3300 | Fax: (925) 977-1870 | www.bbklaw.com Riverside (951) 686-1450 Sacramento (916) 325-4000 San Diego (619) 525-1300 Walnut Creek (925) 977-3300 Washington, DC (202) 785-0600 Cashel Carroll White 925 977-3315 cashel.white@bbklaw.com June 10, 2022 VIA ELECTRONIC MAIL City of Cypress c/o Fred Galante, City Attorney 5275 Orange Avenue Cypress, CA 90630 fgalante@awattorneys.com Re: CalAware Public Records Act Request - Councilmember Frances Marquez Production Letter Dear Mr. Galante: Best Best & Krieger LLP represents Councilmember Frances Marquez (“Councilmember Marquez”) as an individual. This letter is in response the City of Cypress’ (“City”) request to Councilmember Marquez to conduct searches of personal devices as it pertains to the CalAware request for public records pursuant to the California Public Records Act (“PRA”)(Government Code § 6250, et seq.). Records responsive to this request are attached. The PRA permits local agencies to withhold records, in whole or in part, that are exempt from disclosure. (Gov. Code § 6250, et seq.) Please be advised Councilmember Marquez is withholding certain records from disclosure, in whole or in part, pursuant to the following exemptions:  privileged communications between Councilmember Marquez and her legal counsel are exempt from disclosure pursuant to Evidence Code § 954 and incorporated into Public Records Act pursuant to Government Code § 6254(k); and  public disclosure of the redacted personal identifying information, such as personal email addresses, would constitute an unwarranted invasion of personal privacy. Therefore, the public interest served in withholding the redacted information clearly outweighs any public interest served in disclosure pursuant to Government Code § 6255. 65462.00001\40150944.1 June 10, 2022 Page 2 With this production and the provisions within this letter, Councilmember Marquez has completed a reasonable search for records. Please feel free to contact me directly should you have any additional questions or concerns. Sincerely, Cashel Carroll White for BEST BEST & KRIEGER LLP CCW cc: Councilmember Frances Marquez - City of Cypress Christine Wood - Attorney, Best Best and Krieger LLP From:Frances Marquez <marquezfrances13@gmail.com> Sent:Monday, June 6, 2022 5:42 PM To:Christina Boltinghouse; Christine Wood; Cashel White Subject:Fwd: OC Register Article from my FB page CAUTION - EXTERNAL SENDER. ---------- Forwarded message --------- From: Frances Marquez <marquezfrances13@gmail.com> Date: Mon, Jun 6, 2022 at 3:32 PM Subject: Fwd: OC Register Article from my FB page To: Christine Wood <Christine.Wood@bbklaw.com> ---------- Forwarded message --------- From: Frances Marquez <marquezfrances13@gmail.com> Date: Fri, Feb 18, 2022 at 8:24 PM Subject: OC Register Article from my FB page To: <> I am grateful to my family, friends, neighbors and community members who helped me get elected and have supported me through my first year. This article shines a light on my work on the Cypress City Council. Your love and support over the years is greatly appreciated. Love, Frances * * * * * * * * * * "As Cypress weighs district voting, anger erupts at city councilwoman" By SUSAN CHRISTIAN GOULDING | sgoulding@scng.com | Orange County Register PUBLISHED: February 7, 2022 at 4:57 p.m. | UPDATED: February 7, 2022 at 5:34 p.m. Depending on where and how you look at it, Cypress is either a quiet bedroom community or a bustling center of commerce. The north Orange County city is home to 50,000 residents, with a comfortable median household income of about $93,000. While small in size at 6.6 square miles, Cypress boasts a healthy tax base and a host of employers – including UnitedHealth Group, Yamaha Motor, Costco, Home Depot, Los Alamitos Race Course, Cypress College, Forest Lawn Memorial Park, several hotels and, as of November, a 23-acre Amazon last-mile facility. Still, heated disputes bubble beneath the surface. And sometimes they erupt. In meetings, city officials openly bristle at newcomer Frances Marquez – who, they say, introduces agenda items that are needlessly contentious, such as flying the LGBTQ Pride flag. Three weeks ago, in an awkward outburst, Councilman Jon Peat angrily yelled at her about a subcommittee committee from which she was excluded. “I am tired of being scolded by you in public,” he said. “What gives you the right to sit here and criticize all of us?” At the podium, residents address the negative tenor of council meetings – noting the “bad optics” of the four- member majority chiding the lone woman of color. “I am appalled and shocked by how our City Council members treat one of their colleagues,” said resident Brittney Cook, an insurance agent. “If I behaved like that in the corporate world, I’d be fired.” Residents complain that, with all the council members except Marquez living close together, other neighborhoods are overlooked. They grouse about the huge Amazon distribution center inserted on Katella Avenue near their homes, and a pay-to-use sports park now under construction in another part of town. Some denizens slam a no-bid extension of a trash collection contract, maintaining it was swayed by conflicts of interest on the council. And now, adding stress upon stress, the city must decide whether to carve out council districts – with the alternative of a potentially expensive lawsuit. Threat of litigation Like a dozen Orange County cities before it, Cypress last September received a letter alleging that its election system dilutes minority voices. Currently, all Cypress voters decide on all five council seats. With districts, voters choose only one council member who lives within their area. The by-district method, intended to better serve groups with common interests, is generally favored by the California Voters Rights Act of 2001 (CVRA). Cypress’ threat of a lawsuit came from prolific Malibu attorney Kevin Shenkman, who specializes in going after cities and school districts that still hold at-large elections. Fighting CVRA violation claims in court has proved costly and fruitless for those that try. Seven years ago, Anaheim spent $1.1 million before relenting to by-district elections. In 2015, Palmdale backed down after forking over $4.7 million. Santa Monica has spent more than $8 million on still-active litigation. Therefore, most cities – including Fullerton, Garden Grove, Santa Ana, Tustin, Westminster and Los Alamitos – grudgingly agree to transition to precincts rather than risk a burdensome legal battle. Shenkman’s missive, written on behalf of a Latino civil rights group, offers a laundry list of Cypress’ purported vulnerabilities. Although Asians comprise 35% of the city’s population – the same percentage as white residents – the “complete lack of Asian representation” on the council “is revealing,” the letter states. Shenkman points to an Asian American candidate, Carrie Hayashida, who came in third for two City Council seats in the 2020 election. Six months later, after a councilwoman resigned, Hayashida and five other female applicants were passed over for Scott Minikus, one of two men who applied. Dragging its feet? After receiving Shenkman’s notification, the council met eight times in closed session to discuss next steps before calling a special meeting – announced on Christmas Eve and held Dec. 27. But instead of approving the creation of sample precinct maps, the council voted to hire a consultant for $40,000 to solicit public input about whether even to proceed. Questioning the $200-per-hour price tag, Marquez, a college professor, was the one “no” vote. “We have a fiduciary responsibility to spend the money of taxpayers in Cypress responsibly,” she said. Cypress city councilwoman, Frances Marquez, who was elected in 2020 finds herself at odds with the other council members over the city’s garbage collection contract. Sunday, February 6, 2022. (Sam Gangwer, Contributing Photographer) Some wonder if the city is procrastinating the inevitable. “We’ve made it very clear to them that districts need to be in place in time for the November elections,” Shenkman said. “They are running out of time.” Shenkman speculated that the council’s desire to hold opinion-seeking forums “could be an effort to orchestrate an AstroTurf uprising against districts.” “When they waste millions of taxpayer dollars fighting a lawsuit they can say, ‘Our constituents wanted us to,’” Shenkman said. However, city watchdog George Pardon, a retired Cal State University administrator, does not foresee a lawsuit. “They’re just kicking districts down the road to get past the November election,” Pardon said. “They have people in mind who they want to see elected, which might not happen in districts.” George Pardon of Citizens for Responsible Development of Cypress, outside of the Cypress city council chamber on Thursday, February 3, 2022. Pardon is the city watchdog and city council critic who supports by- district representation. (Photo by Mark Rightmire, Orange County Register/SCNG) But, Mayor Paulo Morales asserted, “We are absolutely not using the workshops to drag our feet.” “The majority of people don’t understand what districts are for and need to learn more about them,” Morales said. “I hear, ‘I’d only have 20% of the vote!’” Morales added. “I say, wait a minute, is that the end of the world? That’s the way we do it with Congress.” District elections can result in pitting allies against one another, depending on where they live. Three seats will be open this year. Peat and Morales term out, and Minikus will be up for election after serving 15 months as an appointee. Asian American representation One person planning to be on the upcoming ballot is Hayashida, the candidate who recently placed third. “I’m saddened that the council missed an opportunity to check off several boxes last summer in its appointment: a strong candidate in the last election; the first Asian American councilwoman; and someone who represents a neighborhood currently not well represented,” said Hayashida, who works as a career coach. “But I didn’t run because I’m Asian. I wanted to represent all of Cypress, and I still feel that way.” Melina Nagpal, a psychologist, also threw her name in the hat to fill the opening. “I didn’t have a chance in hell,” she said, now laughing over her unsuccessful interview. “One of the job requirements was that you had to be a ‘team player,’” Nagpal said. “They didn’t want different viewpoints. It’s a tight-knit group with a lot of overlap.” Morales and Minikus are both retired police officers. Peat is chairman of the Boys & Girls Club of Greater Anaheim-Cypress, where Mayor Pro Tem Anne Hertz-Mallari serves as president. Whatever happens next, it appears that City Council meetings will, at least in the near future, remain acrimonious. At the Jan. 24 meeting, Peat requested that the Council consider a motion of censure against Marquez for disclosing to the public closed session discussions. In a brief telephone conversation, Peat declined to provide specifics, saying only, “We need to keep our business among ourselves.” Sent from my iPhone From:Frances Marquez <marquezfrances13@gmail.com> Sent:Monday, June 6, 2022 5:36 PM To:Christina Boltinghouse; Christine Wood; Cashel White Subject:Fwd: Shenkman profile CAUTION - EXTERNAL SENDER. ---------- Forwarded message --------- From: Frances Marquez <marquezfrances13@gmail.com> Date: Mon, Jun 6, 2022 at 3:26 PM Subject: Fwd: Shenkman profile To: Christine Wood <Christine.Wood@bbklaw.com> ---------- Forwarded message --------- From: Michele Magar <tanyaprojectmlp@gmail.com> Date: Fri, Jan 14, 2022 at 11:10 PM Subject: Shenkman profile To: Frances Marquez <marquezfrances13@gmail.com> FYI: latimes.com Meet the Malibu lawyer who is upending California's political system, one town at a time - Los Angeles Times Robin Abcarian 7-9 minutes Kevin Shenkman, who is tall and bookish, does not look like the aspiring light heavyweight boxer he once was. Clearly, though, he still relishes a good fight. For the past several years, Shenkman, 38, who lives and practices law in Malibu, has been suing, or threatening to sue, cities all over Southern California, demanding they change the way they elect members of their city councils in order to increase the numbers of African-American and Latino representatives. Many have agreed to do so, though some have resisted before capitulating. Shenkman’s legal cudgel is the California Voter Rights Act, which for 15 years has made it easier for minority groups to prove that they are disenfranchised by at-large elections, where all voters of a city vote for all members of a city council. Many believe this practice has institutionalized racial discrimination, allowing blocs of white voters to overwhelm the choices of blacks and Latinos. Until Shenkman sued Palmdale, for instance, where about two- thirds of residents are minorities, only one Latino, a Republican, had ever been elected to office. “Obviously, the leadership did not represent the people they served,” said Darren Parker, who serves as chairman of the California Democratic Party’s African-American Caucus. “I’ve lived in the Antelope Valley for over 30 years, and had been trying to obtain some sort of equity or diversity in the leadership.” In 2012, Parker decided the only way to change things was to sue the city for violating the California Voter Rights Act. He did some research and found a story about a young attorney who had sued Panda Express for failing to disclose that it put chicken broth in its steamed vegetables. Something about that appealed to Parker, who had once worked for McDonald’s, so he phoned Shenkman. I think he is so zealous that he forgets to eat and sleep. Darren Parker, chairman, California Democratic Party’s African-American Caucus “When he called, I told Darren I had no idea what he was talking about, but I thought, ‘I’m a Democrat, and this sounds important, I’ll look into it,’” Shenkman told me. He asked his law partner, Mary Hughes, who happens to be his wife, what she thought. “She said, ‘You are crazy.’ I said, ‘Yeah, let’s do this.’ ” He contacted three voting-rights experts — constitutional law professor Justin Levitt of Loyola Law school, Cal Tech history professor Morgan Kousser and demographer David Ely — who helped him figure out how to approach the case, and then brought in two experienced trial lawyers, R. Rex Parris (who happens to be the mayor of Lancaster) and Milton Grimes, perhaps best-known as the late Rodney King’s attorney. Shenkman expected the Palmdale case to resolve quickly, but the city fought back. In 2013, the case went to trial. Palmdale lost. A judge ordered new, by-district elections. In November, Palmdale elected its first Democratic Latino City Councilman, Juan Carillo, from a new district on the city’s east side, “one of our first success stories,” as Parker told me. “I think Kevin was heaven-sent,” Parker said. “He is dedicated to serving others in spite of himself sometimes. I think he is so zealous that he forgets to eat and sleep.” As the Voting Rights Act requires, Palmdale had to reimburse Shenkman’s legal costs, which were about $4.6 million. Even if other cities didn’t see the benefit in switching to district elections for the right reasons, it soon became clear that moving to district elections was a sure way to avoid sky-high legal fees. Because they were probably going to lose. :: Shenkman first came to my attention last week because he was the subject of a meandering profile on the Breitbart website, “the platform for the alt-right,” as its former executive chairman Steve Bannon so memorably described it. I like to read Breitbart to keep an eye on how the far right filters the news. I got a chuckle out of the original headline, which has since been changed: “Meet the Malibu Lawyer Playing the Race Card — and Making Millions — All Over California.” More columns » With loaded language like that, imagine my surprise when the first paragraph praised Shenkman as “one of the most prolific and successful civil rights lawyers of his generation.” Of course, this being Breitbart, there was also a line about how some consider Shenkman “a villain, a do-gooder from Malibu who is creating racial divisions where they do not exist.” Shenkman, a father of four girls, said he didn’t mind the story but was taken aback by some of the anti-Semitic comments from Breitbart readers. “I’m Jewish,” he said, “and there were a number of comments like, ‘Look at his last name, that explains it all.’” When it comes to civil rights activists, this kind of garbage goes with the territory. :: After he won in Palmdale, Shenkman was contacted by the Southwest Voter Registration Education Project, a Lincoln Heights-based group with a decades-long history in “the voting rights business,” as its president Antonio Gonzalez put it. He considers district elections “a paramount tool in the voting rights toolbox.” “Palmdale created a new conventional wisdom for cities, which is, ‘We are not going to win, so let’s work it out,’” Gonzales said. “We just sent another 15 demand letters, so we are up to 25 jurisdictions.” Before the year is out, he said, “We’re going to do 100.” As my colleague Phil Willon reported last month, out of California’s 482 cities, only 59 hold district elections, and no city that holds at-large elections has ever prevailed in a California Voting Rights Act lawsuit. Some critics have carped that the promised changes have not occurred, that despite all the letters and lawsuits, relatively few Latinos have been elected to traditionally white city councils. “Listen, I’ve been doing this for 30 years,” Gonzalez said. “If you create a viable district, minority voters will elect their candidate. It takes several years to marshal forces.” Last year, Shenkman sent demand letters to Hemet, Wildomar, Hesperia, Upland and Costa Mesa, among others. All adopted district elections for no later than 2018. Other cities that have recently made the switch include Oceanside, Carlsbad, Vista, Fremont and Anaheim. He also filed lawsuits against San Juan Capistrano, West Covina, Rancho Cucamonga and Santa Monica. All but the liberal bastion of Santa Monica have either settled or are in the process of doing so. In court papers, Santa Monica city attorneys say that the city’s at-large system does not deprive minorities of representation and that two of seven City Council seats are occupied by “presumed Latinos.” Santa Monica,” said Shenkman, “has vowed to fight to the death.” A trial in that case is scheduled for Oct. 30. On Friday, I reached Juan Carillo, Palmdale’s first elected Democratic councilman. He represents District 4, in Palmdale’s heavily Latino east side. “If it wasn’t because of the Voter Rights Act lawsuit,” he said, “I am sure we would still have all five council members, including the mayor, residing on the west side.” Some of the things he’d like to bring to his constituents: free wi-fi for children whose parents can’t afford it, better parks, more commercial development and perhaps a nice restaurant or two. Palmdale spent about $7 million defending its losing position. What a waste. Imagine how many kids could be getting better parks and free wi-fi with that kind of money. For more on politics » robin.abcarian@latimes.com Twitter: @AbcarianLAT ALSO An aggravating anniversary for Simi Valley, where a not-guilty verdict sparked the ’92 L.A. riots Guns, ghosts and guilt: Helen Mirren portrays the widow whose Winchester Mystery House defies logic More from Robin Abcarian From:Frances Marquez <marquezfrances13@gmail.com> Sent:Monday, June 6, 2022 5:34 PM To:Christina Boltinghouse; Christine Wood; Cashel White Subject:Fwd: Sonni Waknin Transcript Attachments:City of Cypress .docx CAUTION - EXTERNAL SENDER. ---------- Forwarded message --------- From: Frances Marquez <marquezfrances13@gmail.com> Date: Mon, Jun 6, 2022 at 3:21 PM Subject: Fwd: Sonni Waknin Transcript To: Christine Wood <Christine.Wood@bbklaw.com> ---------- Forwarded message --------- From: Frances Marquez <marquezfrances13@gmail.com> Date: Tue, May 24, 2022 at 5:03 PM Subject: Fwd: Sonni Waknin Transcript To: Cashel White <cashel.white@bbklaw.com> ---------- Forwarded message --------- From: Frances Marquez <marquezfrances13@gmail.com> Date: Wed, Apr 6, 2022 at 4:20 PM Subject: Fwd: Sonni Waknin Transcript To: Alisha Farnell <afarnell@cypressca.org> Cc: Fred Galante <fgalante@awattorneys.com>, Peter Grant <pgrant@cypressca.org> ---------- Forwarded message --------- From: Rojas, Kelly <kellyrojas0405@csu.fullerton.edu> Date: Fri, Feb 25, 2022 at 10:51 PM Subject: Sonni Waknin Transcript To: Frances Marquez <Marquezfrances13@gmail.com> Dear Councilwoman Marquez, I have attached the completed transcript of Sonni Waknin's oral communication from November 22, 2021. Thank you, Kelly Rojas Transcript Transcript of Sunny Walkmen’s oral communication for the City of Cypress’ regular city council meeting on November 22, 2021. “Hi, um, my name is Sonni Waknin. I’m from the UCLA Voting Rights Project, um I currently live in Los Angeles. Um, I’m here on behalf of the UCLA Voting Rights Project, we’re a nonpartisan academic research center at UCLA, focused on ensuring that everyone has the ability to cast a ballot, and have that ballot weighed equally. I’m here to talk about the California Voting Rights Act. I know that you were all sent a letter by uh Mr.Shankman, um about compliance with the California Voting Rights Act, or I’ll call it the CVRA. I want to preface this, we’re talking about the 2020 census growth in Cypress. It’s clear from the 2020 census that the Latino and Asian population growth fueled Cypress’ continued growth. The Asian population today based on the census has grown by about four thousand residents and the Latino population has grown by about two thousand residents. Um, the White, non-Hispanic population on the other hand has declined by about forty-five hundred residents in Cypress. And as of today the Asian population consists of-is thirty-seven percent of Cypress and the Latino population is now thirty-three percent of the city’s total population. The California Voting Rights Act, as I’m sure you know, prohibits the use of at-large methods of election if the application impairs the ability of racial or ethnic minorities to elect candidates of choice. Um, a candidate of choice is a candidate that most of the protected class population vote for, or coalesces around, um and a candidate of choice does not need to be the same race of the protected class whose votes are being diluted. And the type of evidence that will be presented, um in a potential CVRA lawsuit include demonstrating that Latinos and Asian Americans vote for different candidates or have different electoral choices than non-Latinos and Asian Americans. So for example, in the 2020 Congressional election in which Cypress voters voted in, in three of the highest density White precincts in Cypress candidate Briscoe won about fifty-two percent of the vote and in three of the lowest density White precincts Briscoe only received forty-one percent of the vote, and that is indicative of racially polarized voting. So that’s the type of evidence that a potential suer or a plaintiff would provide against you. Um. Now that Cypress has received notice under the CVRA, you will either have to adopt a districting scheme that respects Asian and Latino voting power in the-in the-and is uh equitable or be subject to a CVRA lawsuit. The UCLA Voting Rights Project, as I said, is an academic research project. Um we’re based in the Luskin School of Public Affairs at UCLA, and we’re here to assist cities, such as Cypress with redistricting and can provide assistance to the city if you decide to make a plan to switch with help with mapping and understanding the demographic changes in your city. Um, so we urge the city to take the CVRA very seriously, to take the notice letter very seriously, and to offer um and provide assistance if you do decide to go to districts and how to do so in a fair manner. Thank you.”