2022.06.23 Fortis Law LLP PRAR - Production #2 and Response Letter 06.23.22-c165462.00001\40194197.1
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Christine N. Wood
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File No. 65462.00001
June 23, 2022
VIA ELECTRONIC MAIL
City of Cypress
c/o Fred Galante, City Attorney
5275 Orange Avenue
Cypress, CA 90630
fgalante@awattorneys.com
Re: Councilmember Frances Marquez - Public Records Act Request
Received on May 9, 2022 – Production #2 & Response Letter
Dear Mr. Galante:
As you are aware, Best Best & Krieger LLP represents Councilmember Frances Marquez
(“Councilmember Marquez”) as an individual. This letter is in further response to the City of
Cypress’ (“City”) request to Councilmember Marquez to conduct searches of personal devices as
it pertains to the to the Adam Harris, Fortis Law, LLP, request for public records pursuant to the
California Public Records Act (“PRA”)(Government Code § 6250, et seq.), which was received
by the City of Cypress (“City”) on May 9, 2022. This letter also responds to the City’s follow up
correspondence transmitted on June 17, 2022.
Since the City did not provide Councilmember Marquez with search terms,
Councilmember Marquez utilized to search criteria below to conduct the search for records.
Timeframe Search Phrases
Since Councilmember Marquez was elected to
the Council through the date the PRA was
received by the City:
November 3, 2020 to May 9, 2022
All the names listed in the PRA request, and
search for the three search terms:
District Voting
Amazon Last Mile
Valley Vista Services
Additional 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
65462.00001\40194197.1
City of Cypress
c/o Fred Galante, City Attorney
June 23, 2022
Page 2
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);
constituents’ names when they had a personal complaint pursuant to Government Code
§ 6255 and San Jose v. Superior Court (1999) 74 Cal.App.4th 1008; 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.
Please note the email referenced as 2.c. in the City’s follow up correspondence transmitted
on June 17, 2022, is actually dated 02/03/2022, and not 02/02/2022. The record is included in the
this production which is accompanied by a revised Affidavit of Official/Employee Regarding the
Review of Personal Accounts and/or Devices reflecting Councilmember Marquez’s entire records
collection efforts.
In response to Item #4 in the City’s follow up correspondence regarding documents
Councilmember Marquez had on the Dais, these records are notes and as such, not public records
as they did not substantively relate to public records. If the requester is interested in these records
then Councilmember Marquez will assert the deliberative process exemption per Gov. Code §
6255 and see also Wilson v. Superior Court (1996) 51 Cal. App. 1136, 1142 and Times Mirror Co.
v. Superior Court (1991) 53 Cal.3d 1325, 1342; the notes exemption pursuant to Government Code
§ 6254(a); and the “catch-all” exemption as there is no public interest in Councilmember
Marquez’s thoughts and impressions pursuant to Gov. Code § 6255.
65462.00001\40194197.1
City of Cypress
c/o Fred Galante, City Attorney
June 23, 2022
Page 3
With this subsequent 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,
Christine N. Wood
for BEST BEST & KRIEGER LLP
CNW:cmb
cc: Frances Marquez, City of Cypress Councilmember
Christina Boltinghouse
From:Frances Marquez <marquezfrances13@gmail.com>
Sent:Tuesday, June 21, 2022 6:27 PM
To:Christina Boltinghouse
Subject:Fwd: As Cypress weighs district voting, anger erupts at city councilwoman
CAUTION - EXTERNAL SENDER.
---------- Forwarded message ---------
From: Frances Marquez <marquezfrances13@gmail.com>
Date: Tue, May 24, 2022 at 5:12 PM
Subject: Fwd: As Cypress weighs district voting, anger erupts at city councilwoman
To: Cashel White <cashel.white@bbklaw.com>
---------- Forwarded message ---------
From: Frances Marquez <marquezfrances13@gmail.com>
Date: Wed, Apr 6, 2022 at 4:23 PM
Subject: Fwd: As Cypress weighs district voting, anger erupts at city councilwoman
To: Alisha Farnell <afarnell@cypressca.org>, Fred Galante <fgalante@awattorneys.com>, Peter Grant
<pgrant@cypressca.org>
---------- Forwarded message ---------
From: Prinsky, Lorraine <lprinsky@fullerton.edu>
Date: Mon, Feb 14, 2022 at 9:39 AM
Subject: As Cypress weighs district voting, anger erupts at city councilwoman
To: Frances Marquez <marquezfrances13@gmail.com>
Good article. I hope it brings greater awareness to Cypress citizens and to your unnecessary battles.
Lorraine
As Cypress weighs district voting, anger erupts at city councilwoman
https://www.ocregister.com/2022/02/07/as-cypress-weighs-district-voting-anger-erupts-at-city-councilwoman/
**************************
Lorraine Prinsky Ph.D., Trustee
Coast Community College District
Professor Emeritus, CSUF
www.lorraineprinsky.com
****************************
Christina Boltinghouse
From:Frances Marquez <marquezfrances13@gmail.com>
Sent:Tuesday, June 21, 2022 6:04 PM
To:Christina Boltinghouse
Subject:Fwd: Cypress City Council
CAUTION - EXTERNAL SENDER.
---------- Forwarded message ---------
From: Frances Marquez <marquezfrances13@gmail.com>
Date: Tue, May 24, 2022 at 5:15 PM
Subject: Fwd: Cypress City Council
To: Cashel White <cashel.white@bbklaw.com>
---------- Forwarded message ---------
From: Frances Marquez <marquezfrances13@gmail.com>
Date: Wed, Apr 6, 2022 at 4:35 PM
Subject: Fwd: Cypress City Council
To: Alisha Farnell <afarnell@cypressca.org>, Fred Galante <fgalante@awattorneys.com>, Peter Grant
<pgrant@cypressca.org>
---------- Forwarded message ---------
From: Frances Marquez <marquezfrances13@gmail.com>
Date: Tue, Dec 21, 2021 at 5:13 PM
Subject: Cypress City Council
To: <>
https://event-newsenterprise.com/did-the-cypress-council-do-the-right-thing/
https://event-newsenterprise.com/cypress-facing-threat-to-its-at-large-election-system/
https://event-newsenterprise.com/cypress-dances-around-single-member-districts/
http://cypressca.swagit.com/play/11232021-680/#15
The second speaker is an attorney from the UCLA Voting Rights Project
Christina Boltinghouse
From:Frances Marquez <marquezfrances13@gmail.com>
Sent:Tuesday, June 21, 2022 6:15 PM
To:Christina Boltinghouse
Subject:Fwd: Google Alert - frances marquez
CAUTION - EXTERNAL SENDER.
---------- Forwarded message ---------
From: >
Date: Tue, Feb 8, 2022 at 10:30 AM
Subject: Fwd: Google Alert - frances marquez
To: Frances Marquez <marquezfrances13@gmail.com>
Very flattering article! I think it makes them look like idiots and it makes you look good!
---------- Forwarded message ---------
From: Google Alerts <googlealerts-noreply@google.com>
Date: Tue, Feb 8, 2022 at 1:16 AM
Subject: Google Alert - frances marquez
To: <>
frances marquez
As-it-happens update ⋅ February 8, 2022
NEWS
As Cypress weighs district voting, anger erupts at city councilwoman - Orange County
Register
Orange County Register
Cypress city councilwoman, Frances Marquez, who was elected in 2020 stands in front of the home her parents bought in
the 1970's and have lived ...
Flag as irrelevant
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Christina Boltinghouse
From:Frances Marquez <marquezfrances13@gmail.com>
Sent:Tuesday, June 21, 2022 6:07 PM
To:Christina Boltinghouse
Subject:Fwd: oc reg
CAUTION - EXTERNAL SENDER.
---------- Forwarded message ---------
From: Frances Marquez <marquezfrances13@gmail.com>
Date: Tue, May 24, 2022 at 5:13 PM
Subject: Fwd: oc reg
To: Cashel White <cashel.white@bbklaw.com>
---------- Forwarded message ---------
From: Frances Marquez <marquezfrances13@gmail.com>
Date: Wed, Apr 6, 2022 at 4:24 PM
Subject: Fwd: oc reg
To: Alisha Farnell <afarnell@cypressca.org>, Fred Galante <fgalante@awattorneys.com>, Peter Grant
<pgrant@cypressca.org>
---------- Forwarded message ---------
From: Susan Goulding <sgoulding@scng.com>
Date: Thu, Feb 3, 2022 at 12:36 PM
Subject: oc reg
To: <marquezfrances13@gmail.com>
Hi Councilwoman Marquez,
Here are a few questions. As I mentioned, if you just want to offer a rather neutral statement for the story, that's
fine. I just don't want to say you declined to comment because that looks kind of weird in a story:)
Let's skip specific conflicts you obviously don't want to talk about...
1. What do you see as the advantages of by-district voting? What are the advantages at-large voting? Which do
you support in Cypress?
2. What motivated you to run for the city council? Do you feel you're making a difference?
3. How does your background, education and career inform you as as a city council member?
4. Can you make a statement basically saying that ... given some of the interactions at recent council meetings
you prefer to let your comments in those meetings speak for themselves ... However you want to word it.
Thank you very much. All best, Susan Christian Goulding, Orange County Register, 562 607 4645
Christina Boltinghouse
From:Frances Marquez <marquezfrances13@gmail.com>
Sent:Tuesday, June 21, 2022 6:03 PM
To:Christina Boltinghouse
Subject:Fwd: Cypress CA
CAUTION - EXTERNAL SENDER.
---------- Forwarded message ---------
From: Frances Marquez <marquezfrances13@gmail.com>
Date: Tue, May 24, 2022 at 5:15 PM
Subject: Fwd: Cypress CA
To: Cashel White <cashel.white@bbklaw.com>
---------- Forwarded message ---------
From: Frances Marquez <marquezfrances13@gmail.com>
Date: Wed, Apr 6, 2022 at 4:33 PM
Subject: Fwd: Cypress CA
To: Alisha Farnell <afarnell@cypressca.org>, Fred Galante <fgalante@awattorneys.com>, Peter Grant
<pgrant@cypressca.org>
---------- Forwarded message ---------
From: Segura, Gary <segura@luskin.ucla.edu>
Date: Mon, Nov 15, 2021 at 11:25 AM
Subject: Re: Cypress CA
To: Chad Dunn <chad@brazilanddunn.com>, Marquezfrances13@gmail.com
<Marquezfrances13@gmail.com>
Cc: Barreto, Matt A <barretom@ucla.edu>, Sonni Waknin <sonni@uclavrp.org>
Chad and Sonni
Meet councilwoman Marquez. Frances, meet the VRP team.
Best
Gary.
Please excuse typos and brevity. Sent from my iPhone
On Nov 15, 2021, at 11:15 AM, Chad Dunn <chad@brazilanddunn.com> wrote:
Yes, Sonni can do this. Copying her here.
We will have some VRP fellows work up a white paper on the jurisdiction with basic rpv and
possibly a gingles map depending on the compactness issue you mention. Then, Sonni can go
present at the meeting and we (and/or your local contact) can move it to local media.
On Mon, Nov 15, 2021 at 1:01 PM Segura, Gary <segura@luskin.ucla.edu> wrote:
Guys:
Frances Marquez, a former student of mine, is a recently elected councilwoman in Cypress CA.
She’s hoping for some help.
Cypress is five member ALP. No restrictions. Three seats up in 2022 and two in 24.
The city is resisting districting. Council is 60% white and 40% latino (Frances and a retired cop
who votes with the whites ).
City is 25% latino, 35% asian, 35 % white, dribs and drabs for the rest. Geographic
concentration could be problematic.
She’s looking for someone to speak at council next Monday on vote dilution and current
state/federal standards for litigation. She’s hoping to cow them into districts.
Is Sonni available? Anyone else? (I’m out of town or I’d have been happy. Scaring white
electeds is fun )
Thoughts?
Gary
Please excuse typos and brevity. Sent from my iPhone
Christina Boltinghouse
From:Frances Marquez <marquezfrances13@gmail.com>
Sent:Wednesday, June 22, 2022 5:42 PM
To:Christina Boltinghouse
Subject:Fwd:
CAUTION - EXTERNAL SENDER.
---------- Forwarded message ---------
From: Frances Marquez <marquezfrances13@gmail.com>
Date: Fri, Mar 25, 2022 at 2:59 PM
Subject:
To: Katherin Kim <>
https://www.ocregister.com/2022/03/24/cypress-council-cast-closed-session-vote-to-battle-push-for-district-
elections/amp/
Sent from my iPhone