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220414 0546 Fwd_ Public Records Act Response 2From:Frances Marquez To:Michele Magar Subject:Fwd: Public Records Act Response 2 Date:Thursday, April 14, 2022 5:46:11 AM Attachments:220227 1733 Re_ City Council Authority to Adopt Rules for Adding Items to Council Meeting Agendas_REDACTED.pdf 220227 1744 Fwd_ City Council Authority to Adopt Rules for Adding Items to Council Meeting Agendas_REDACTED.pdf 220303 1023 One more time, this time with link! Re voting rights for pwd (1).pdf 220303 1132 Fwd_ One more time, this time with link! Re voting rights for pwd.pdf 220303 1139 Re_ One more time, this time with link! Re voting rights for pwd.pdf Affidavit Regarding Review of Personal Device 2022-04-11.pdf Sent from my iPhone Begin forwarded message: From: Peter Grant <pgrant@cypressca.org> Date: April 13, 2022 at 7:02:13 PM PDT To: Peter Grant <pgrant@cypressca.org> Subject: FW: Public Records Act Response 2  Mayor and Council, The second (and final) part of the city’s response to the Keep Cypress United Public Record Act request appears below. As was the case with the first response, we are providing it to you because it is specific to a Council Member and responding to it has required substantial City Manager, City Clerk and City Attorney resources. Peter Grant City Manager City of Cypress Office 714-229-6680 Cellular 714-335-1685 pgrant@cypressca.org From: Alisha Farnell <afarnell@cypressca.org> Sent: April 13, 2022 17:58 To: 'KeepCypressUnited@protonmail.com' <KeepCypressUnited@protonmail.com> Subject: RE: Public Records Act Response Good afternoon: As a follow-up to my previous email sent on Friday, April 8, 2022, I am writing to provide you with an additional batch of responsive records that are available for your review. These records are attached to this email. Please let me know if you have any difficulties accessing the attachments. Please note that two of the provided records have been partially redacted pursuant to Government Code section 6254 as follows: Doc No. 220227 1733 – Council Member Marquez asserts this document contains attorney-client privileged information Doc No. 220227 1744 – Council Member Marquez asserts this documents contains attorney-client privileged information These records, together with the records previously provided to you on April 8, 2022, represent all the responsive, non-privileged records within the City’s possession subject to disclosure in response to your California Public Records Act request. If you should have any questions please feel free to contact the City Clerk’s Office at (714) 229-6685. Sincerely, Alisha Farnell, CMC City Clerk City of Cypress 5275 Orange Ave Cypress CA 90630 714-229-6685 afarnell@cypressca.org From: Alisha Farnell Sent: Friday, April 8, 2022 4:27 PM To: 'KeepCypressUnited@protonmail.com' <KeepCypressUnited@protonmail.com> Subject: RE: Public Records Act Response Good afternoon: As a follow-up to my previous email sent on Wednesday, April 6, 2022 (see below), I am writing to provide you with an initial batch of responsive records that are available for your review. Due to the voluminous number of records, the files have been uploaded to a Dropbox account from which you can download the files to your computer for review. Please note that this link will remain active for a period of 10 calendar days, if you need additional time to download the files to your computer please contact me and a new link can be provided to you. The link to access the responsive records is: https://www.dropbox.com/sh/1ukl2sf3mn5fiuf/AACOEsnup0Dc3Aj3hMK3Xihra?dl=0. Please note that two of the provided records have been partially redacted pursuant to Government Code section 6254 as follows: Doc No. 211016 – Document contains attorney-client privileged information pertaining to pending litigation Doc No. 220211 0613 – Document contains confidential closed session information pertaining to a threat to public services or facilities matter Potential additional records are currently being reviewed by the City Attorney’s Office and may be forthcoming if they are determined to be responsive, non-priveleged records subject to disclosure under the California Public Records Act. The City will contact you separately to let you know when such documents, if any exist, will be available for inspection. If you should have any questions please feel free to contact the City Clerk’s Office at (714) 229-6685. Sincerely, Alisha Farnell, CMC City Clerk City of Cypress 5275 Orange Ave Cypress CA 90630 714-229-6685 afarnell@cypressca.org From: Alisha Farnell Sent: Wednesday, April 6, 2022 4:06 PM To: 'KeepCypressUnited@protonmail.com' <KeepCypressUnited@protonmail.com> Subject: Public Records Act Response Good afternoon: The City of Cypress is in receipt of your California Public Records Act (“CPRA”) request (Government Code §§6250, et seq.) dated March 26, 2022 and follow up e-mail dated March 27, 2022. Both requests submitted via email were received in my office on Monday, March 28, 2022. This letter confirms that the City will produce all responsive, non-priveleged records subject to disclosure under the CPRA. However, due to the need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records demanded by your request, the City requires additional time in which to research, compile or copy any responsive public records subject to disclosure under the CPRA. The City is entitled to a reasonable time to comply with your request. As such, the City will contact you separately to let you know when such documents, if any exist, will be available for inspection. The City anticipates having all records within its possession available to you by Friday, April 8, 2022. If you requested printed copies of such records, the City will let you know at that time the cost for such copies. If you should have any questions please feel free to contact the City Clerk’s Office at (714) 229-6685. Sincerely, Alisha Farnell, CMC City Clerk City of Cypress 5275 Orange Ave Cypress CA 90630 714-229-6685 afarnell@cypressca.org From:Michele Magar To:Frances Marquez Subject:Re: City Council Authority to Adopt Rules for Adding Items to Council Meeting Agendas Date:Sunday, February 27, 2022 5:32:52 PM You can liken their attempts to “contain” and “control” you to drama you have chosen to sidestep. You will not dignify it with more than a summary response. Your focus is elsewhere, and that’s where it’s going to stay. It doesn’t matter what they vote, because obviously they have a four to one majority. You cannot stop them from adopting anything under the sun. But that doesn’t give it the force of law. For example, left over from our overtly racist past are “restrictive covenants” that “run with the land” and ban the sale of real estate to African-Americans, Mexicans, Italians, you name it. All such “covenants” are illegal, so do not carry the force of law. Rather than require zillions of condo associations and real estate associations to rid real estate records of racist restrictive covenants, a gargantuan task, it’s simply understood that these “rules” are null and void ON THEIR FACE. It’s as if someone took a giant erasure and got rid of them. The same applies to what the Council decides to enact. If it violates state law, federal law, the Constitution, and a treaty the USA has ratified . . . it’s null and void, exactly like a restrictive covenant in real estate records. Re voting rights: You are in favor of district voting. You believe the Council owes it to the Residents of Cypress to not drag their feet in the hope that any reforms will take effect only AFTER the November 2022 election. This is not rocket science, and there is no further excuse for delaying a yes or not vote on district elections. So you’d like to propose it RIGHT NOW. [and if you’re stopped]: Then if not tonight, then in two weeks. That will give everyone more than enough time to decide which way to vote. I dare say everyone on the Dias already knows which way they plan to vote, so lets be responsible and get this done without dragging our feet any longer. I want to remind my colleagues and everyone watching that tomorrow, we will be sued for violating the CA Voting Rights Act. That’s exactly what a demand letter does: it gives a specific deadline to negotiate, and if ignored, the lawsuit is filed the very next day. So I will state for the record that I support district elections for very simple reasons: 5 steps: 1. The Constitution requires a national census every decade. The reason is to make sure everyone gets their fair share of representatives to the House: depending on where the population is booming versus declining. 2. The most recent census results were announced last year, and they show that today, Cypress has become a majority minority town. Just like the state of California, which has been a majority minority state for some time now. So Cypress is beginning to look more like the rest of California. 3. Here's the major breakdown according to last year’s census results: Asian & Pacific Islander percentage is Z Latino percentage is Y Afrian-Ameican percentage is X Bi-racial is ?? And white people now make up a minority of residents. Ten years ago it was Z percent. Today it’s Y percent. 4. Studies have shown that the best way to provide fair representation to all racial groups is by adopting district voting. In fact, I know this is true because I wrote my graduate thesis on redistricting. So this is something I’ve studied in depth. 5. FRANCES: lay out what you know like you’re telling a high school kid. Just one or two more steps, and that’s it. Stop, thank people for listening, and sit down (or tell Paulo you’re done speaking). THAT’S IT. No one has the bandwidth for a long speech. Keep it short and easy to understand, and just set boundaries all over the place: a. You will not be railroaded, nor contained, nor controlled. b. You understand you are outvoted “THIS YEAR,” but with district elections, your guess is you won’t stay outvoted NEXT YEAR. c. It’s quite clear that two of the Council members are termed out. That makes it difficult to hold them accountable because neither will be on the ballot. But that doesn’t excuse them from acting in the best interest of Cypress. FOR EXAMPLE: What matters is NOT that the Council did not violate the law when it decided to award a long-term trash contract without bidding and without vetting, and the result is a 32 percent hike in garbage fees, a hike not experienced by other Orange County communities that opted to shop around for the best possible deal. Rather than harp on not having broken the law, why not decide to rectify the problem instead? Wouldn’t that be more in keeping with what residents have been asking their elected officials to do? They want us to fix the problem, not tell them they can’t hold us accountable because we didn’t break the law. That’s a low bar. We can do better than that. We can decide to listen to residents and respond, not just let them vent at the end of every Council meeting. The open microphone is an opportunity for us to engage with residents, not sit up here and ignore them and then adjourn and go home. That’s disrespectful, and allows us to ignore the people we are here to serve. As President Biden’s pick for the Supreme Court wrote in a lauded opinion: Presidents are not Kings. Neither are we. We’re here to serve the people, not fight among ourselves. Let’s act like adults and solve problems the people elected us to solve. Let’s not waste taxpayer money defending a voting rights lawsuit we can’t win. Let’s allow the Dias to reflect our City. And let’s stop dragging our feet about it, understand we are choosing to become defendants in a voting rights lawsuit that will be filed tomorrow, and let’s at least “own” our decisions, not back into them by delaying and kicking the can down the road. We owe the residents of Cypress better than that. On Feb 27, 2022, at 11:29 AM, Frances Marquez <fmarquez@cypressca.org> wrote: Begin forwarded message: From: Fred Galante <fgalante@awattorneys.com> Subject: City Council Authority to Adopt Rules for Adding Items to Council Meeting Agendas Date: February 25, 2022 at 2:32:01 PM PST To: Paulo Morales <pmorales@cypressca.org>, Anne Hertz- Mallari <ahertz-mallari@cypressca.org>, Jon Peat <jpeat@cypressca.org>, "SMinikus@cypressca.org" <SMinikus@cypressca.org>, Frances Marquez <fmarquez@cypressca.org> Cc: "pgrant@cypressca.org" <pgrant@cypressca.org> Dear Mayor and Council Members, Council Member Marquez asked me to provide legal authority for the proposition that a City Council may establish its own rules for city council members requesting agenda items to be placed on the city council agenda for consideration. Detailed below is my analysis. City meeting procedures are not prescribed by state law, with the exception of requirements contained in the Brown Act (Govt. Code §54950 et seq). Cal. Muni. L. Handbook §2.40. A city council may adopt and change its own procedural rules and regulations regarding the conduct of its proceedings. Govt. Code §36813; see Nevens v. City of Chino, 233 Cal.2d 775, 778 (1965). These rules may be enacted by ordinance or by resolution. See Central Mfg. Dist., Inc. v. Board of Supervisors, 176 Cal.2d 850, 860 (1960); Cal. Muni. L. Handbook §1.229. The city council may also abolish, suspend, modify, or waive its own procedural rules. City of Pasadena v. Paine, 126 Cal.2d 93, 96 (1954). It is important that the procedural rules do not violate federal or state constitutions, mandatory charter, or statutory provisions by, for example, discriminating against a protected class of persons. Cal. Muni. L. Handbook §2.46. Said rules must be reasonable and not arbitrary and capricious. See Nevens, 233 Cal.2d at 778; Paine, 126 Cal.2d at 93. Furthermore, since Cypress is a charter city, the City Council has broader authority to adopt its own rules for Council Members requesting agenda items to be placed on the Council agenda for consideration insofar as such procedures are a “municipal affair” and thus may be governed by the City’s Charter. Cal. Muni. L. Handbook §1.184. The home rule provision of the California Constitution authorizes a charter city to exercise plenary authority over municipal affairs, free from any constraint imposed by the general law and subject only to constitutional limitations. SeeCal. Const. art. XI § 5(a); Comm. of Seven Thousand v. Super. Ct. (City of Irvine), 45 Cal.3d 491 (1988); Bishop v. City of San Jose, 1 Cal. 3d 56, 61 (1969); Ex Parte Braun, 141 Cal. 204, 209 (1903). It is for the courts to determine whether an activity is a municipal affair or a matter of statewide concern. Such a determination depends on the specific facts and circumstances of each case. The following are some areas that the courts have consistently classified as municipal affairs: 1. Municipal Election Matters. See Mackey v. Thiel, 262 Cal. App. 2d 362 (1968). 2. Procedures for Initiative, Referendum and Recall. See Lawing v. Faul, 227 Cal. App. 2d 23, 29 (1964). 3. Procedures for Adopting Ordinances. See Brougher v. Board of Public Works, 205 Cal. 426 (1928). 4. Compensation of City Officers and Employees. Cal. Const. art. XI, § 5(b); See Sonoma County Organization of Public Employees v. County of Sonoma, 23 Cal. 3d 296 (1979); but see San Leandro Police Officers Association v. City of San Leandro, 55 Cal. App. 3d 553 (1976) (labor relations is not a municipal affair; Charter cities are subject to the Meyers-Milias Brown Act. Cal. Gov’t Code § 3500. 5. Processes Associated with City Contracts. See First Street Plaza Partners v. City of Los Angeles, 65 Cal. App. 4th 650 (1998); but see Domar Electric, Inc. v. City of Los Angeles, 41 Cal. App. 4th 810 (1995) (state law establishing employment policy may preempt local regulation of bidding criteria). 6. Financing Public Improvements. See City of Santa Monica v. Grubb, 245 Cal. App. 2d 718 (1996). 7. Making Charitable Gifts of Public Funds for Public Purposes. See Cal. Const. art. XVI, § 6; Tevis v. City and County of San Francisco, 43 Cal. 2d 190 (1954). 8. Term Limits for Council Members. See Cawdrey v. City of Redondo Beach, 15 Cal. App. 4th 1212 (1993); but see Cal. Gov't Code § 36502(b) (regulating term limits). 9. Land Use and Zoning Decisions (with a few exceptions). See Brougher v. Bd. of Pub. Works, 205 Cal. 426 (1928). Please let me know if there are any questions or comments, but please do not reply to all in response to this email so as to avoid any Brown Act issues. Fred Galante | Equity Partner Aleshire & Wynder, LLP | 18881 Von Karman Ave., Suite 1700, Irvine, CA 92612 Tel: (949) 223-1170 | Dir: (949) 250-5410 | Fax: (949) 223-1180 | fgalante@awattorneys.com | awattorneys.com This email and any files transmitted with it may contain privileged or otherwise confidential information. If you are not the intended recipient, or believe that you may have received this communication in error, please advise the sender via email and delete the email you received. From:Michele Magar To:Frances Marquez Subject:Fwd: City Council Authority to Adopt Rules for Adding Items to Council Meeting Agendas Date:Sunday, February 27, 2022 5:43:59 PM THERE IS NOTHING ATTACHED TO OPEN Begin forwarded message: From: Michele Magar <tanyaprojectmlp@gmail.com> Subject: Re: City Council Authority to Adopt Rules for Adding Items to Council Meeting Agendas Date: February 27, 2022 at 5:32:44 PM PST To: Frances Marquez <fmarquez@cypressca.org> You can liken their attempts to “contain” and “control” you to drama you have chosen to sidestep. You will not dignify it with more than a summary response. Your focus is elsewhere, and that’s where it’s going to stay. It doesn’t matter what they vote, because obviously they have a four to one majority. You cannot stop them from adopting anything under the sun. But that doesn’t give it the force of law. For example, left over from our overtly racist past are “restrictive covenants” that “run with the land” and ban the sale of real estate to African-Americans, Mexicans, Italians, you name it. All such “covenants” are illegal, so do not carry the force of law. Rather than require zillions of condo associations and real estate associations to rid real estate records of racist restrictive covenants, a gargantuan task, it’s simply understood that these “rules” are null and void ON THEIR FACE. It’s as if someone took a giant erasure and got rid of them. The same applies to what the Council decides to enact. If it violates state law, federal law, the Constitution, and a treaty the USA has ratified . . . it’s null and void, exactly like a restrictive covenant in real estate records. Re voting rights: You are in favor of district voting. You believe the Council owes it to the Residents of Cypress to not drag their feet in the hope that any reforms will take effect only AFTER the November 2022 election. This is not rocket science, and there is no further excuse for delaying a yes or not vote on district elections. So you’d like to propose it RIGHT NOW. [and if you’re stopped]: Then if not tonight, then in two weeks. That will give everyone more than enough time to decide which way to vote. I dare say everyone on the Dias already knows which way they plan to vote, so lets be responsible and get this done without dragging our feet any longer. I want to remind my colleagues and everyone watching that tomorrow, we will be sued for violating the CA Voting Rights Act. That’s exactly what a demand letter does: it gives a specific deadline to negotiate, and if ignored, the lawsuit is filed the very next day. So I will state for the record that I support district elections for very simple reasons: 5 steps: 1. The Constitution requires a national census every decade. The reason is to make sure everyone gets their fair share of representatives to the House: depending on where the population is booming versus declining. 2. The most recent census results were announced last year, and they show that today, Cypress has become a majority minority town. Just like the state of California, which has been a majority minority state for some time now. So Cypress is beginning to look more like the rest of California. 3. Here's the major breakdown according to last year’s census results: Asian & Pacific Islander percentage is Z Latino percentage is Y Afrian-Ameican percentage is X Bi-racial is ?? And white people now make up a minority of residents. Ten years ago it was Z percent. Today it’s Y percent. 4. Studies have shown that the best way to provide fair representation to all racial groups is by adopting district voting. In fact, I know this is true because I wrote my graduate thesis on redistricting. So this is something I’ve studied in depth. 5. FRANCES: lay out what you know like you’re telling a high school kid. Just one or two more steps, and that’s it. Stop, thank people for listening, and sit down (or tell Paulo you’re done speaking). THAT’S IT. No one has the bandwidth for a long speech. Keep it short and easy to understand, and just set boundaries all over the place: a. You will not be railroaded, nor contained, nor controlled. b. You understand you are outvoted “THIS YEAR,” but with district elections, your guess is you won’t stay outvoted NEXT YEAR. c. It’s quite clear that two of the Council members are termed out. That makes it difficult to hold them accountable because neither will be on the ballot. But that doesn’t excuse them from acting in the best interest of Cypress. FOR EXAMPLE: What matters is NOT that the Council did not violate the law when it decided to award a long-term trash contract without bidding and without vetting, and the result is a 32 percent hike in garbage fees, a hike not experienced by other Orange County communities that opted to shop around for the best possible deal. Rather than harp on not having broken the law, why not decide to rectify the problem instead? Wouldn’t that be more in keeping with what residents have been asking their elected officials to do? They want us to fix the problem, not tell them they can’t hold us accountable because we didn’t break the law. That’s a low bar. We can do better than that. We can decide to listen to residents and respond, not just let them vent at the end of every Council meeting. The open microphone is an opportunity for us to engage with residents, not sit up here and ignore them and then adjourn and go home. That’s disrespectful, and allows us to ignore the people we are here to serve. As President Biden’s pick for the Supreme Court wrote in a lauded opinion: Presidents are not Kings. Neither are we. We’re here to serve the people, not fight among ourselves. Let’s act like adults and solve problems the people elected us to solve. Let’s not waste taxpayer money defending a voting rights lawsuit we can’t win. Let’s allow the Dias to reflect our City. And let’s stop dragging our feet about it, understand we are choosing to become defendants in a voting rights lawsuit that will be filed tomorrow, and let’s at least “own” our decisions, not back into them by delaying and kicking the can down the road. We owe the residents of Cypress better than that. On Feb 27, 2022, at 11:29 AM, Frances Marquez <fmarquez@cypressca.org> wrote: Begin forwarded message: From: Fred Galante <fgalante@awattorneys.com> Subject: City Council Authority to Adopt Rules for Adding Items to Council Meeting Agendas Date: February 25, 2022 at 2:32:01 PM PST To: Paulo Morales <pmorales@cypressca.org>, Anne Hertz-Mallari <ahertz- mallari@cypressca.org>, Jon Peat <jpeat@cypressca.org>, "SMinikus@cypressca.org" <SMinikus@cypressca.org>, Frances Marquez <fmarquez@cypressca.org> Cc: "pgrant@cypressca.org" <pgrant@cypressca.org> Dear Mayor and Council Members, Council Member Marquez asked me to provide legal authority for the proposition that a City Council may establish its own rules for city council members requesting agenda items to be placed on the city council agenda for consideration. Detailed below is my analysis. City meeting procedures are not prescribed by state law, with the exception of requirements contained in the Brown Act (Govt. Code §54950 et seq). Cal. Muni. L. Handbook §2.40. A city council may adopt and change its own procedural rules and regulations regarding the conduct of its proceedings. Govt. Code §36813; see Nevens v. City of Chino, 233 Cal.2d 775, 778 (1965). These rules may be enacted by ordinance or by resolution. See Central Mfg. Dist., Inc. v. Board of Supervisors, 176 Cal.2d 850, 860 (1960); Cal. Muni. L. Handbook §1.229. The city council may also abolish, suspend, modify, or waive its own procedural rules. City of Pasadena v. Paine, 126 Cal.2d 93, 96 (1954). It is important that the procedural rules do not violate federal or state constitutions, mandatory charter, or statutory provisions by, for example, discriminating against a protected class of persons. Cal. Muni. L. Handbook §2.46. Said rules must be reasonable and not arbitrary and capricious. See Nevens, 233 Cal.2d at 778; Paine, 126 Cal.2d at 93. Furthermore, since Cypress is a charter city, the City Council has broader authority to adopt its own rules for Council Members requesting agenda items to be placed on the Council agenda for consideration insofar as such procedures are a “municipal affair” and thus may be governed by the City’s Charter. Cal. Muni. L. Handbook §1.184. The home rule provision of the California Constitution authorizes a charter city to exercise plenary authority over municipal affairs, free from any constraint imposed by the general law and subject only to constitutional limitations. SeeCal. Const. art. XI § 5(a); Comm. of Seven Thousand v. Super. Ct. (City of Irvine), 45 Cal.3d 491 (1988); Bishop v. City of San Jose, 1 Cal. 3d 56, 61 (1969); Ex Parte Braun, 141 Cal. 204, 209 (1903). It is for the courts to determine whether an activity is a municipal affair or a matter of statewide concern. Such a determination depends on the specific facts and circumstances of each case. The following are some areas that the courts have consistently classified as municipal affairs: 1. Municipal Election Matters. See Mackey v. Thiel, 262 Cal. App. 2d 362 (1968). 2. Procedures for Initiative, Referendum and Recall. See Lawing v. Faul, 227 Cal. App. 2d 23, 29 (1964). 3. Procedures for Adopting Ordinances. See Brougher v. Board of Public Works, 205 Cal. 426 (1928). 4. Compensation of City Officers and Employees. Cal. Const. art. XI, § 5(b); See Sonoma County Organization of Public Employees v. County of Sonoma, 23 Cal. 3d 296 (1979); but see San Leandro Police Officers Association v. City of San Leandro, 55 Cal. App. 3d 553 (1976) (labor relations is not a municipal affair; Charter cities are subject to the Meyers-Milias Brown Act. Cal. Gov’t Code § 3500. 5. Processes Associated with City Contracts. See First Street Plaza Partners v. City of Los Angeles, 65 Cal. App. 4th 650 (1998); but see Domar Electric, Inc. v. City of Los Angeles, 41 Cal. App. 4th 810 (1995) (state law establishing employment policy may preempt local regulation of bidding criteria). 6. Financing Public Improvements. See City of Santa Monica v. Grubb, 245 Cal. App. 2d 718 (1996). 7. Making Charitable Gifts of Public Funds for Public Purposes. See Cal. Const. art. XVI, § 6; Tevis v. City and County of San Francisco, 43 Cal. 2d 190 (1954). 8. Term Limits for Council Members. See Cawdrey v. City of Redondo Beach, 15 Cal. App. 4th 1212 (1993); but see Cal. Gov't Code § 36502(b) (regulating term limits). 9. Land Use and Zoning Decisions (with a few exceptions). See Brougher v. Bd. of Pub. Works, 205 Cal. 426 (1928). Please let me know if there are any questions or comments, but please do not reply to all in response to this email so as to avoid any Brown Act issues. Fred Galante | Equity Partner Aleshire & Wynder, LLP | 18881 Von Karman Ave., Suite 1700, Irvine, CA 92612 Tel: (949) 223-1170 | Dir: (949) 250-5410 | Fax: (949) 223- 1180 | fgalante@awattorneys.com | awattorneys.com This email and any files transmitted with it may contain privileged or otherwise confidential information. If you are not the intended recipient, or believe that you may have received this communication in error, please advise the sender via email and delete the email you received. From:Michele Magar To:Jonathan Kung Cc:Frances Marquez Subject:One more time, this time with link! Re voting rights for pwd Date:Thursday, March 3, 2022 10:22:54 AM https://ncd.gov/sites/default/files/Documents/8%2028%20HAVA%20Formatted%20KJ%20V 5%20508.pdf My thinking is to collect info this year so it’s ready to go once Frances is in the majority next year, and finally able to do more than be the sole vote against the Guardians of the Status Quo. Here are the other topics Frances and I discussed, so Jonathan can stick helpful press reports he may see into our resource library, along with the legal stuff I’ll be sending him: 1. SB 1141: how Cypress is/is not implementing the nation’s first state coercive control law, that broadens the definition of domestic violence to include nonphysical abuse. FRANCES: there is funding for pilot programs in 2022 VAWA reauthorization, so one it passes Congress I’ll figure out if Cypress is eligible for federal $$ to implement our new coercive control law. 2. Affordable, Accessible, and fully integrated housing: We need all three adjectives for new housing solutions for Cypress! Newsome just outlawed single family home zoning, which means more and more localities will enact laws similar to the ones up here that allow single family homeowners to build “accessory dwelling units” in their back yards. Small studio/one bedroom apartments would do wonders for single people, and esp for seniors who would be happy to downsize, freeing up their homes to young families who need the extra bedrooms to flourish, and reducing the Bay Area’s prohibitive rent levels for everyone of all ages. There’s also a program here that matches seniors with extra unused bedrooms with seniors who can’t afford to rent more than a bedroom. That could easily be copied in Cypress via a website that automates the matching process without requiring more than a few staff members, so it’s cheap to fund. 3. Voting rights: much of this will be out of our hands since Cypress seems determined to fight Shenkman’s promise to litigate. Cypress will eventually settle once it’s clear it cannot win, but not before dragging out the process so there will be no district voting in November 2022. So in all likelihood this lawsuit may still be raging in 2023, but Frances and her two allies can vote to immediately settle the case once they have the majority votes. 4. Disability rights in Cypress: we can cover any part of it Frances wants to cover, from special education to services that benefit seniors with disabilities. All of it can be improved using best practices examples from similar CA cities. It’s also a world that obviously overlaps with the rights of seniors . . . so provides an opportunity for coalition building among advocacy organizations inside Cypress, and between Cypress and LA-based nonprofits. 5. Dealing with hate crimes. Hopefully a strong response will blunt more anti-semitic hate mail letters appearing in Cypress . . . I’m just not sure there will be a meaningful response from Cypress unless Frances forces it by teaming up with the Cypress police chief to help him solve the current case, either by offering a reward or by any other means the police chief says will help. Most important is reassuring affected protected classes that Cypress has zero tolerance for hate crimes and will prosecute them energetically. 6. Training the next generation of advocates. Frances can do a lot to inspire secondary, college, and grad students to become activists. We’ll have to figure out the best way for her to do that, but including summer internships for students is one great way to start. Those are the main areas thus far. But remember, none of this will work unless we help Frances get two more votes in November, via the at-large voting system that will still exist, hopefully for the last election in Cypress to vote via a method that dilutes the strength of protected classes in Cypress. That’s going to take a LOT of energy and outreach to voters, and will likely be the most time-intensive work all three of us will be doing this summer. Otherwise, we’ll face nothing but the same for the last two years of Frances’ term of office, and I think her head will explode if she’s forced to tolerate this level of hostility for longer than November! — Michele Begin forwarded message: From: Michele Magar <tanyaprojectmlp@gmail.com> Subject: Re voting rights for people with disabilities Date: March 3, 2022 at 10:02:17 AM PST To: Jonathan Kung <jkung@ucsd.edu> Hi Jonathan, Please stick this link in the resources you’re collecting for Frances re voting rights. You can see from the executive summary at the top the main problems they found and the solutions they offered. Although it’s nearly a decade old, my assumption is many of the problems still exist. Take care, Michele From:Frances Marquez To:michele Magar Subject:Fwd: One more time, this time with link! Re voting rights for pwd Date:Thursday, March 3, 2022 11:31:55 AM Begin forwarded message: From: Michele Magar <tanyaprojectmlp@gmail.com> Subject: One more time, this time with link! Re voting rights for pwd Date: March 3, 2022 at 10:22:48 AM PST To: Jonathan Kung <jkung@ucsd.edu> Cc: Frances Marquez <fmarquez@cypressca.org> https://ncd.gov/sites/default/files/Documents/8%2028%20HAVA%20Formatted %20KJ%20V5%20508.pdf My thinking is to collect info this year so it’s ready to go once Frances is in the majority next year, and finally able to do more than be the sole vote against the Guardians of the Status Quo. Here are the other topics Frances and I discussed, so Jonathan can stick helpful press reports he may see into our resource library, along with the legal stuff I’ll be sending him: 1. SB 1141: how Cypress is/is not implementing the nation’s first state coercive control law, that broadens the definition of domestic violence to include nonphysical abuse. FRANCES: there is funding for pilot programs in 2022 VAWA reauthorization, so one it passes Congress I’ll figure out if Cypress is eligible for federal $$ to implement our new coercive control law. 2. Affordable, Accessible, and fully integrated housing: We need all three adjectives for new housing solutions for Cypress! Newsome just outlawed single family home zoning, which means more and more localities will enact laws similar to the ones up here that allow single family homeowners to build “accessory dwelling units” in their back yards. Small studio/one bedroom apartments would do wonders for single people, and esp for seniors who would be happy to downsize, freeing up their homes to young families who need the extra bedrooms to flourish, and reducing the Bay Area’s prohibitive rent levels for everyone of all ages. There’s also a program here that matches seniors with extra unused bedrooms with seniors who can’t afford to rent more than a bedroom. That could easily be copied in Cypress via a website that automates the matching process without requiring more than a few staff members, so it’s cheap to fund. 3. Voting rights: much of this will be out of our hands since Cypress seems determined to fight Shenkman’s promise to litigate. Cypress will eventually settle once it’s clear it cannot win, but not before dragging out the process so there will be no district voting in November 2022. So in all likelihood this lawsuit may still be raging in 2023, but Frances and her two allies can vote to immediately settle the case once they have the majority votes. 4. Disability rights in Cypress: we can cover any part of it Frances wants to cover, from special education to services that benefit seniors with disabilities. All of it can be improved using best practices examples from similar CA cities. It’s also a world that obviously overlaps with the rights of seniors . . . so provides an opportunity for coalition building among advocacy organizations inside Cypress, and between Cypress and LA-based nonprofits. 5. Dealing with hate crimes. Hopefully a strong response will blunt more anti- semitic hate mail letters appearing in Cypress . . . I’m just not sure there will be a meaningful response from Cypress unless Frances forces it by teaming up with the Cypress police chief to help him solve the current case, either by offering a reward or by any other means the police chief says will help. Most important is reassuring affected protected classes that Cypress has zero tolerance for hate crimes and will prosecute them energetically. 6. Training the next generation of advocates. Frances can do a lot to inspire secondary, college, and grad students to become activists. We’ll have to figure out the best way for her to do that, but including summer internships for students is one great way to start. Those are the main areas thus far. But remember, none of this will work unless we help Frances get two more votes in November, via the at-large voting system that will still exist, hopefully for the last election in Cypress to vote via a method that dilutes the strength of protected classes in Cypress. That’s going to take a LOT of energy and outreach to voters, and will likely be the most time-intensive work all three of us will be doing this summer. Otherwise, we’ll face nothing but the same for the last two years of Frances’ term of office, and I think her head will explode if she’s forced to tolerate this level of hostility for longer than November! — Michele Begin forwarded message: From: Michele Magar <tanyaprojectmlp@gmail.com> Subject: Re voting rights for people with disabilities Date: March 3, 2022 at 10:02:17 AM PST To: Jonathan Kung <jkung@ucsd.edu> Hi Jonathan, Please stick this link in the resources you’re collecting for Frances re voting rights. You can see from the executive summary at the top the main problems they found and the solutions they offered. Although it’s nearly a decade old, my assumption is many of the problems still exist. Take care, Michele From:Michele Magar To:Frances Marquez Subject:Re: One more time, this time with link! Re voting rights for pwd Date:Thursday, March 3, 2022 11:38:34 AM Sorry Frances I just realized I sent this to your wrong email address. I am going to erase it from my contacts file right now, and will be sure to use your private one. Meanwhile, rest assured that all communications between us is attorney-client protected, regardless of who else hacks into your email to violate your right to privacy. This is the last time I’ll use this email address. — Michele On Mar 3, 2022, at 11:31 AM, Frances Marquez <fmarquez@cypressca.org> wrote: Begin forwarded message: From: Michele Magar <tanyaprojectmlp@gmail.com> Subject: One more time, this time with link! Re voting rights for pwd Date: March 3, 2022 at 10:22:48 AM PST To: Jonathan Kung <jkung@ucsd.edu> Cc: Frances Marquez <fmarquez@cypressca.org> https://ncd.gov/sites/default/files/Documents/8%2028%20HAVA%2 0Formatted%20KJ%20V5%20508.pdf My thinking is to collect info this year so it’s ready to go once Frances is in the majority next year, and finally able to do more than be the sole vote against the Guardians of the Status Quo. Here are the other topics Frances and I discussed, so Jonathan can stick helpful press reports he may see into our resource library, along with the legal stuff I’ll be sending him: 1. SB 1141: how Cypress is/is not implementing the nation’s first state coercive control law, that broadens the definition of domestic violence to include nonphysical abuse. FRANCES: there is funding for pilot programs in 2022 VAWA reauthorization, so one it passes Congress I’ll figure out if Cypress is eligible for federal $$ to implement our new coercive control law. 2. Affordable, Accessible, and fully integrated housing: We need all three adjectives for new housing solutions for Cypress! Newsome just outlawed single family home zoning, which means more and more localities will enact laws similar to the ones up here that allow single family homeowners to build “accessory dwelling units” in their back yards. Small studio/one bedroom apartments would do wonders for single people, and esp for seniors who would be happy to downsize, freeing up their homes to young families who need the extra bedrooms to flourish, and reducing the Bay Area’s prohibitive rent levels for everyone of all ages. There’s also a program here that matches seniors with extra unused bedrooms with seniors who can’t afford to rent more than a bedroom. That could easily be copied in Cypress via a website that automates the matching process without requiring more than a few staff members, so it’s cheap to fund. 3. Voting rights: much of this will be out of our hands since Cypress seems determined to fight Shenkman’s promise to litigate. Cypress will eventually settle once it’s clear it cannot win, but not before dragging out the process so there will be no district voting in November 2022. So in all likelihood this lawsuit may still be raging in 2023, but Frances and her two allies can vote to immediately settle the case once they have the majority votes. 4. Disability rights in Cypress: we can cover any part of it Frances wants to cover, from special education to services that benefit seniors with disabilities. All of it can be improved using best practices examples from similar CA cities. It’s also a world that obviously overlaps with the rights of seniors . . . so provides an opportunity for coalition building among advocacy organizations inside Cypress, and between Cypress and LA-based nonprofits. 5. Dealing with hate crimes. Hopefully a strong response will blunt more anti-semitic hate mail letters appearing in Cypress . . . I’m just not sure there will be a meaningful response from Cypress unless Frances forces it by teaming up with the Cypress police chief to help him solve the current case, either by offering a reward or by any other means the police chief says will help. Most important is reassuring affected protected classes that Cypress has zero tolerance for hate crimes and will prosecute them energetically. 6. Training the next generation of advocates. Frances can do a lot to inspire secondary, college, and grad students to become activists. We’ll have to figure out the best way for her to do that, but including summer internships for students is one great way to start. Those are the main areas thus far. But remember, none of this will work unless we help Frances get two more votes in November, via the at-large voting system that will still exist, hopefully for the last election in Cypress to vote via a method that dilutes the strength of protected classes in Cypress. That’s going to take a LOT of energy and outreach to voters, and will likely be the most time-intensive work all three of us will be doing this summer. Otherwise, we’ll face nothing but the same for the last two years of Frances’ term of office, and I think her head will explode if she’s forced to tolerate this level of hostility for longer than November! — Michele Begin forwarded message: From: Michele Magar <tanyaprojectmlp@gmail.com> Subject: Re voting rights for people with disabilities Date: March 3, 2022 at 10:02:17 AM PST To: Jonathan Kung <jkung@ucsd.edu> Hi Jonathan, Please stick this link in the resources you’re collecting for Frances re voting rights. You can see from the executive summary at the top the main problems they found and the solutions they offered. Although it’s nearly a decade old, my assumption is many of the problems still exist. Take care, Michele