For the record, the ENE is publishing the full text of the extraordinary public records request filed by Costa Mesa attorney Adam Harris of Fortis LLP asking for information from Cypress Council member Frances Marquez. No other Council member was subject to this “expansive request,” city officials said. Marquez was censured, in part, for allegedly taking too much time to comply with this and other measures. As yet, Fortis has not revealed the seeker of the information. The ENE has reached out to Fortis, LLP.
SCOPE OF THIS REQUEST
Please note this request for records includes, but is not limited to, all communications from and to and/or otherwise copied or provided to Dr. Frances Marquez as further defined hereinbelow, not only from or to her government issued email account, but also from or to her private phone, private email account, other private accounts, and personal devices and all other data required to be provided by law. City of San Jose v. Superior Court of Santa Clara County, Opinion No. S218066, March 2, 2017, Kleinberg.
In other words, without limiting the breath and scope of the City of San Jose case or any other applicable law, each and every request contained in this PUBLIC RECORDS REQUEST
includes, but is not limited to, any and all COMMUNICATIONS, whether involving Dr. Frances Marquez’ private or public email accounts, phone numbers, and/or personal devices, with any and all people and whether from third parties to her or vice versa, including but not limited to communications with George Pardon, Gary Segura, Sonny Waknin, University of California Los Angeles, Chad Dunn, Matt Barretto, Kevin Shenkman, Michelle Magur, Dr. Marquez’ family members and friends – especially those who live in the City of Cypress – Caroline Baladot, Britney Cook, Glen Morikawa, David Young, Event-News Enterprise, the Pasadena Star, any other media outlets and reporters, OC Young Democrats, Congressman Alan Lowenthal, Sharon Quirk – Silva, Katrina Foley, Katie Shapiro, Harry Pachon, California Aware, Emerge California Candidate Training, Sangee Tasangeeta (Swenson), Malini Nagpal, Sylvia Munoz, Orange County Fire Authority, Orange County Fire Authority Board Members or Staff, Southwest Voter Registration Education Project including but not limited to Board Members and Staff, Latino Policy Coalition, Gallaudet University as well as any agents, representatives, associates, employees or consultants of the aforementioned.
Similarly it includes documents in her possession or in the possession of other third parties who are holding them for her, whether created by her or any third parties, including but not limited to documents created by or being held for her by George Pardon, Gary Segura, Sonny Waknin, University of California Los Angeles, Chad Dunn, Matt Barretto, Kevin Shenkman, Michelle Magur, Dr. Marquez’ family members and friends – especially those who live in the City of Cypress – Caroline Baladot, Britney Cook, Glen Morikawa, David Young, Event-News Enterprise, the Pasadena Star, any other media outlets and reporters, OC Young Democrats, Congressman Alan Lowenthal, Sharon Quirk – Silva, Katrina Foley, Katie Shapiro, Harry Pachon, California Aware, Emerge California Candidate Training, Sangee Tasangeeta (Swenson), Malini Nagpal, Sylvia Munoz, Orange County Fire Authority, Orange County Fire Authority Board Members and Staff, Southwest Voter Registration Education Project including but not limited to Board Members and staff, Latino Policy Coalition, Gallaudet University as well as any agents, representatives, associates, employees, consultants, board members or staff of the aforementioned.
DEMAND TO PRESERVE EVIDENCE
Please also consider this email a demand to preserve any and all documents and evidence related to the requests made herein.
REQUEST FOR PRIVILEGE LOG IF ANY DOCUMENTS WITHHELD
We further request that if there are any documents not produced based on the ground of the attorney client privilege, work product doctrine, or any other privilege or doctrine, that you please prepare and provide a privilege log that identifies each document for which the privilege or doctrine is claimed, and which gives the following information:
(a) the names of the writer, sender, or initiator of each copy of the document; (b) the name of the recipient, addressee, or party to whom any copy of the document was sent; (c) the date of each copy of the document, if any, or an estimate of its date; (d) a non-privileged description of the contents of the document; and, (e) a statement of the basis for the claim of privilege.
DEFINITIONS
1. “COMMUNICATION” or “COMMUNICATIONS” includes but is not limited to the following: (a) any email, text message, written letter, memorandum, or other DOCUMENT of any kind transmitted from one PERSON to another PERSON by hand, mail, courier, other delivery service, telecopy, facsimile, telegraph, electronic mail, text message, WhatsApp message, voicemail, or any other means (including emails from non-government email addresses); (b) any telephone call, whether or not such call was by chance or prearranged, formal or informal; and (c) any conversation or meeting between two or more PERSONS, whether or not such contact was by chance or prearranged, formal or informal.
2. The term “DOCUMENT” has the same meaning as the definition of writings, recordings and photographs in Section 250 of the California Evidence Code and/or as defined by the California Public Records Act and includes all written and graphic matter, however produced or reproduced, of any kind or description, whether sent or received or neither, including originals, non-identical copies, and drafts, and both sides thereof, including but not limited to: emails, text messages, other electronic communications, books, journals, statements, bank statements, statements of accounts, bank records, deposit slips, payrolls, letters, correspondence, memoranda, contracts, agreements, books, journals, ledgers, statements, reports, billings, invoices, worksheets, jottings, notes, audits, charges, balance sheets, income statements, checks diagrams, diaries, calendar logs, facsimile transmissions, wires, computer files stored by any means, computer printouts, and electronic messages in any digital or electronic format, including emails, text messages, tweets, internet chatroom posts and all other informal or formal writing or tangible things on which any handwriting, typing, printing, video or sound is recorded or reproduced, and any and all amendments or supplements to all of the foregoing, whether prepared by YOU or another PERSON.
3. The term “DOCUMENT” also means originals and copies of all of the above upon which notations in writing, print, or otherwise have been made, which do not appear on the originals. This definition covers all documents in your or Dr. Frances Marquez’ possession, custody, or control, regardless of their location, including all copies of such documents, the contents of which differ in any respect from the original.
4. This definition further includes all DOCUMENTS that Dr. Frances Marquez has stored in and/or has access to or through any cloud-based internet application, including but not limited to email, Facebook, Dropbox, Twitter, or Google Docs, or other cloud-based applications.
5. The term DOCUMENT includes “Text Messages” sent using the Short Message Service (SMS) including alphanumeric texts, multimedia messages (known as MMS) containing digital images, videos, and sound content, as well as ideograms known as emoji (happy faces, sad faces, and other icons).
DOCUMENTS REQUESTED
We hereby request the following documents:
1. Councilmember Dr. Frances Marquez’ response and/or any COMMUNICATIONS with anyone, whether text, or emails or in any other form as set forth in the definition above, including from private accounts, emails, etc. and DOCUMENTS which in any way relate to Gary Segura’s communications, including but not limited to his November 15, 2021 email whereby he informed her that:
“Scaring white electeds is fun) Thoughts?” and “She’s hoping to cow them into districts.”
2. All DOCUMENTS and COMMUNICATIONS that Councilmember Dr. Frances Marquez had with her on the Dias or otherwise used for all city council meetings that she has attended or participated in, whether in-person, by zoom, telephone or by any other means from the time that she was elected through May 9, 2022, including but not limited to the April 11, 2022, and April 25, 2022 City Council meetings and including but not limited to her own notes and notes from third parties, advisors, colleagues, etc.
This request includes but is not limited to COMMUNICATIONS and DOCUMENTS related to all City of Cypress business, including but not limited to District Voting, The Amazon Last Mile Facility, The City of Cypress Sold Waste Franchise Agreement with Valley Vista and/or George Briggeman, and the Los Alamitos Race Course.District Voting
3. All COMMUNICATIONS by, from, to, with or otherwise copied to City Councilmember Dr. Frances Marquez – including but not limited to communications in her private accounts, private emails, private telephones – relating in any way to District Voting.
4. All DOCUMENTS created by City Councilmember Dr. Frances Marquez for her use by others who are not employees or representatives of the City of Cypress – relating in any way to District Voting. This requests includes, but is not limited to, journals, notes, ledgers, diagrams, speech drafts, speech notes, drafts of news articles, etc., created not only by Dr. Frances Marquez, but by any of her colleagues, consultants, advisors, reporters, third parties, including but not limited to George Pardon, Gary Segura, Sonny Waknin, University of California Los Angeles, Chad Dunn, Matt Barretto, Kevin Shenkman, Michelle Magur, Dr. Marquez’ family members and friends – especially those who live in the City of Cypress – Caroline Baladot, Britney Cook, Glen Morikawa, David Young, Event-News Enterprise, the Pasadena Star, any other media outlets and reporters, Southwest Voter Registration Education Project (any correspondence she has had), Latino Policy Coalition, Gallaudet University as well as any agents, representatives, associates, employees or consultants of the aforementioned, as well as any agents, representatives, associates, employees or consultants of any of the aforementioned.
The Amazon Last Mile Facility
5 All COMMUNICATIONS by, from, to, with or otherwise copied to City Councilmember Dr. Frances Marquez – including but not limited to COMMUNICATIONS in her private accounts, private emails, private telephones – relating in any way or referring to the Amazon Last Mile Facility.
6. All DOCUMENTS created by City Councilmember Dr. Frances Marquez or by third parties or others for her use and/or review – relating in any way to the Amazon Last Mile
Facility. This request includes, but is not limited to, journals, notes, ledgers, diagrams, speech drafts, speech notes, drafts of news articles, bank statements, deposit slips, etc., created not only by Dr. Frances Marquez, but by any of her Non-City of Cypress colleagues, consultants, advisors, reporters, third parties, including but not limited to George Pardon, Gary Segura, Sonny Waknin, University of California Los Angeles, Chad Dunn, Matt Barretto, Kevin Shenkman, Michelle Magur, Dr. Marquez’ family members and friends – especially those who live in the City of Cypress – Caroline Baladot, Britney Cook, Glen Morikawa, David Young, Event-News Enterprise, the Pasadena Star, any other media outlets and reporters, OC Young Democrats, Congressman Alan Lowenthal, Sharon Quirk – Silva, Katrina Foley, Katie Shapiro, Harry Pachon, California Aware, Emerge California Candidate Training, Sangee Tasangeeta (Swinson), Malini Nagpal, Sylvia Munoz, Orange County Fire Authority Southwest Voter Registration Education Project, Latino Policy Coalition, Gallaudet University as well as any agents, representatives, associates, employees or consultants of the aforementioned.
City of Cypress’ Solid Waste Franchise Agreement with Valley Vista
7. All COMMUNICATIONS by, from, to, with or otherwise copied to City Councilmember Dr. Frances Marquez – including but not limited to COMMUNICATIONS in her private accounts, private emails, private telephones – relating in any way or referring to Valley Vista Services, Inc. dba Valley Vista Services of Orange County and/or its Franchise Agreement with the City of Cypress and/or George Briggeman.
This request includes, but is not limited to, all COMMUNICATIONS relating to Dr. Marquez’ public statements that (1) “this company is corrupt”; (2) that there has “never been any audit of this company by the City”; (3) that this Franchise Agreement was not the result of a “fair, open and competitive bid process”; (4) that the resulting Franchise Agreement was not “fairly negotiated and (does not) protect the citizens of Cypress”; (5) that this Franchise Agreement was “written to protect Valley Vista’s bottom line not (Valley Vista’s) residents”; (6) that “no due diligence” was done when this contract was written; (7) that there is “no limit to how much Valley Vista can charge”; (8) that this Franchise Agreement is missing “standard termination language” found in other similarly classified government contracts; (9) that this Franchise Agreement was a “mistake”; (10) that this Franchise Agreement has 87-year old people worrying about paying their trash bill; (11) this Franchise Agreement is a “bail out” of Valley Vista; and, (12) that no one has compared the Valley Vista rates with the rates given surrounding cities. It also includes, but is not limited to, any communications from, to, with, or copying Dr. Frances Marquez relating to her April 11, 2022, request to “place an item on a Future Agenda to Take a Closer Look at the Termination Clauses in the Valley Vista Contract”.
This request includes all of the communications and documents as defined in the sections 1 through 5 of DEFINITIONS hereinabove which by definition includes all COMMUNICATIONS with any representatives, consultants, owners, employees, advisors, and liaisons of any and all solid waste management companies.
8. All DOCUMENTS created by City Councilmember Dr. Frances Marquez or by third parties or others for her use and/or review – relating in any way to Valley Vista Services, Inc. dba Valley Vista Services of Orange County and/or its Franchise Agreement with the City of Cypress and/or George Briggeman. This request includes, but is not limited to, journals, notes, ledgers, diagrams, speech drafts, speech notes, drafts of news articles, etc., created not only by Dr. Frances Marquez, but by any of her Non-City of Cypress colleagues, consultants, advisors, reporters, third parties, including but not limited to George Pardon, Gary Segura, Sonny Waknin, University of California Los Angeles, Chad Dunn, Matt Barretto, Kevin Shenkman, Michelle Magur, Dr. Marquez’ family members and friends – especially those who live in the City of Cypress – Caroline Baladot, Britney Cook, Glen Morikawa, David Young, Event-News Enterprise, the Pasadena Star, any other media outlets and reporters, OC Young Democrats, Congressman Alan Lowenthal, Sharon Quirk – Silva, Katrina Foley, Katie Shapiro, Harry Pachon, California Aware, Emerge California Candidate Training, Sangee Tasangeeta (Swinson), Malini Nagpal, Sylvia Munoz, Orange County Fire Authority Southwest Voter Registration Education Project, Latino Policy Coalition, Gallaudet University as well as any agents, representatives, associates, employees or consultants of the aforementioned.
This request includes all of the communications and documents as defined in the DEFINITIONS sections 1 through 5 hereinabove which includes all DOCUMENTS with any representatives, consultants, owners, employees, advisors, and liaisons of any and all solid waste management companies.
9. Any and all COMMUNICATIONS and DOCUMENTS between Dr. Frances Marquez and the attorneys that she claimed to have consulted with regarding the City of Cypress’ Franchise Agreement with Valley Vista.,Los Alamitos Race Course
10. All COMMUNICATIONS by, from, to, with or otherwise copied to City Councilmember Dr. Frances Marquez – including but not limited to COMMUNICATIONS in her private accounts, private emails, private telephones – relating in any way or referring to Los Alamitos Race Course.
11. This request includes all of the communications and documents as defined in the sections 1 through 5 of DEFINITIONS hereinabove which by definition includes all COMMUNICATIONS with any representatives, consultants, owners, employees, advisors, and liaisons of any and all solid waste management companies.
12. All DOCUMENTS created by City Councilmember Dr. Frances Marquez or by third parties or others for her use and/or review – relating in any way to Los Alamitos Race Course. This request includes, but is not limited to, journals, notes, ledgers, diagrams, speech drafts, speech notes, drafts of news articles, etc., created not only by Dr. Frances Marquez, but by any of her Non-City of Cypress colleagues, consultants, advisors, reporters, third parties, including but not limited to George Pardon, Gary Segura, Sonny Waknin, University of California Los Angeles, Chad Dunn, Matt Barretto, Kevin Shenkman, Michelle Magur, Dr. Marquez’ family members and friends – especially those who live in the City of Cypress – Caroline Baladot, Britney Cook, Glen Morikawa, David Young, Event-News Enterprise, the Pasadena Star, any other media outlets and reporters, OC Young Democrats, Congressman Alan Lowenthal, Sharon Quirk – Silva, Katrina Foley, Katie Shapiro, Harry Pachon, California ware, Emerge California Candidate Training, Sangee Tasangeeta (Swinson), Malini Nagpal, Sylvia Munoz, Orange County Fire Authority Southwest Voter Registration Education Project, Latino Policy Coalition, Gallaudet University as well as any agents, representatives, associates, employees or consultants of the aforementioned.
This request includes all of the communications and documents as defined in the DEFINITIONS sections 1 through 5 hereinabove which includes all DOCUMENTS with any representatives, consultants, owners, employees, advisors, and liaisons of any and all solid waste management companies.
ENDu
