Cypress City Council
January 8, 2024

MEMORANDUM OF UNDERSTANDING

PURPOSE
This Memorandum of Understanding (“MOU”) is entered into by the Department of Justice (“DOJ”) and the Cypress Police Department (“Grantee”), for the purpose of disbursing grant funds to Grantee for reimbursement of expenditures in compliance with the California Code of Regulations and the Fiscal Year 2023-24 Grantee Handbook.

Commencing January 1, 2023, the California Code of Regulations, Title 11, Division 1, Chapter 5:

Department of Justice Tobacco Grant Program (“TGP Regulations”) shall govern the policies and procedures of the Tobacco Grant Program.

The TGP Regulations, Request for Proposals, Grantee Handbook (dated March 2023), and Summary of Award document are hereby incorporated by reference into this MOU. Grantee will expend funds for the purposes identified in the approved Summary of Award document. Reimbursements are to be funded under the California Healthcare, Research and Prevention Tobacco Tax Act of 2016, approved by the voters as Proposition 56.

COST REIMBURSEMENT
DOJ agrees to reimburse Grantee in arrears, for Grantee’s actual expenditures in performing the project or scope of work included in the approved Summary of Award document. Reimbursements will be made upon receipt of invoices from Grantee and approval of the invoices by DOJ, in accordance with the reimbursement procedures set forth in the TGP Regulations and Grantee Handbook.

BUDGET CONTINGENCY CLAUSE
It is mutually agreed, if the Budget Act of the current fiscal year and/or any subsequent years covered under the MOU does not appropriate sufficient funds, the MOU shall be of no further force and effect.

In the event this situation occurs, DOJ shall have no liability to reimburse/pay any funds to Grantee, or to furnish any other considerations under this MOU. As well, Grantee shall not be obligated to continue performing the provisions of this MOU, for which the Grantee would have been reimbursed.

If funding for any fiscal year is reduced or deleted in the Budget Act for purposes of this MOU, DOJ shall have the option to either cancel this MOU with no liability occurring to DOJ, or offer an addendum to the Grantee to reflect the reduced amount.

Cypress Police Department DOJ-PROP56-2023-24-1-003

PROJECT BREACH-TERMINATION
Failure of a Grantee to comply with this MOU or the TGP Regulations shall be treated by DOJ as a breach of contract. If an act of noncompliance occurs, DOJ may take actions described within the TGP Regulations, including termination. DOJ may terminate this MOU and be relieved of any obligation to disburse grant funds to Grantee should Grantee fail to perform the scope of work at the time and in the manner provided in this MOU.

MISCELLANEOUS PROVISIONS
Addendum – No addendum or variation of the terms of this MOU is valid unless made in writing, and signed by the duly authorized representatives of the parties.

Assignment – This MOU is not assignable by Grantee in whole or in part.

Indemnification – Grantee agrees to indemnify and hold harmless DOJ, its officers, agents and employees from all claims, liabilities, or losses in connection with the performance of this MOU.

Certifications – Grantee certifies that it does not receive funding from a manufacturer, distributor, or advertiser of Cigarettes or Tobacco Products. Grantee further certifies that grant funds will not supplant existing state or local funds dedicated for the same purpose.

TERMS
Grant Duration: 11/1/2023 – 6/30/2027
Award Amount
Category of Expenditure Budget
FY 2023-2024
Budget
FY 2024-2025
Budget
FY 2025-2026
Budget
FY 2026-2027
Personal Services $ $41,721 $42,974 $44,263
Operating Expenses and
Equipment $ $0 $0 $0
Administrative Costs (Not to
Exceed 5%) $ $0 $0 $0
TOTAL AWARD AMOUNT $128,958
The time limit for reimbursements against this award ends 6/30/2027. Requests for reimbursement received after 7/15/2027 cannot be considered by DOJ.

GRANTEE CONTACT INFORMATION
Mark Lauderback, Chief
Cypress Police Department
5275 Orange Avenue
Cypress, CA 90630
559-897-4418
[email protected]
Cypress Police Department DOJ-PROP56-2023-24-1-003

AUTHORIZATION
DOJ and Grantee, by their duly authorized officials, have executed this MOU on the respective dates indicated below. This MOU and any future addendums shall be e-mailed to [email protected], care of the Division of Operations, Grant Services Branch, Local Assistance Unit, Tobacco Grant Program, and will become fully executed upon completion of signatures from all parties.
___________________________________ ___________________ NAME: Date
Title:

Agency:
___________________________________ ___________________ NAME: Date
Title:

Agency:
___________________________________ ___________________ NAME: Date
Title:

Agency:
______________________________ ___________________
JENNIFER IVERY JOHNSON, Grant Manager Date
Division of Operations
California Department of Justice
___________________________________ ___________________ STACY HEINSEN, Administrative Manager Date
Division of Operations
California Department of Justice
__________________________________ ___________________
CHRIS RYAN, Chief Date
Division of Operations
California Department of Justice
RESOLUTION NO. ____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AUTHORIZING THE ACCEPTANCE OF GRANT FUNDS IN THE AMOUNT OF $128,958 FROM THE STATE OF

CALIFORNIA DEPARTMENT OF JUSTICE, OFFICE OF ATTORNEY GENERAL, TOBACCO

LAW ENFORCEMENT GRANT PROGRAM
WHEREAS, the City of Cypress is interested in participating in the Tobacco Law Enforcement Grant Program, which is made available through the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 (Prop. 56) and administered by the California Department of Justice (DOJ) to support local efforts to reduce the illegal sale of tobacco products to minors in the City; and
WHEREAS, following the City’s submittal of a proposal for the Program, the State of California DOJ offered to award $128,958 for the three-year grant program beginning July 1, 2024 and ending June 30, 2027.

WHEREAS, grant funds will be used for a tobacco retailer compliance and education program; and
WHEREAS, in order to be considered eligible to receive grant funding, the City must submit a completed Grant Award Memorandum of Understanding to the State of California DOJ;

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AS FOLLOWS:

1. The City Manager or a designated representative is hereby authorized, on behalf of the City, to accept grant funding in the amount of $128,958 from the State of California DOJ.

2. The City Manager or a designated representative is hereby authorized and directed, on behalf of the City, to execute the grant documents and to submit all documents, including, without limitation, contracts, amendments, extensions, and payment requests as appropriate to accept the funds under and comply with the conditions of the grant.

3. The City Manager is hereby authorized and directed to establish all required accounts and make any and all expenditures, appropriations, transfers, and/or distributions of funds on behalf of the City as are necessary and appropriate to carry out the purpose and intent of this resolution.

4. Grant funds received hereunder shall not be used to supplant ongoing law enforcement expenditures.

PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 8th day of January, 2024.
_______________________________

MAYOR OF THE CITY OF CYPRESS
ATTEST:
__________________________________

CITY CLERK OF THE CITY OF CYPRESS

STATE OF CALIFORNIA )

COUNTY OF ORANGE ) SS
I, ALISHA FARNELL, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the said City Council held on the 8
th day of January, 2024, by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
__________________________________

CITY CLERK OF THE CITY OF CYPRESS
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 12.

FROM: Mark Lauderback, Chief of Police
DATE: 01/08/2024
SUBJECT: Accept an Officer Wellness and Mental Health Grant from the Board of State and Community Corrections for the Purchase of Equipment for the Police Department Gym

RECOMMENDATION

1. Accept the award of $37,210 for an Officer Wellness and Mental Health grant from the Board of State and Community Corrections; and

2. Increase estimated revenues by $37,210 in the General Fund Grants Fund; and

3. Appropriate $11,613 in the General Fund Grants Fund; and

4. Appropriate $25,597 in the City's Capital Replacement Fund; and

5. Authorize the transfer of $25,597 from the General Fund Grants Fund to the City's Capital Replacement Fund.

DISCUSSION
Assembly Bill 178 provided funding for a state-wide Officer Wellness and Mental Health Grant Program, intended to improve police officer wellness and expand mental health resources. The Board of State and Community Corrections (BSCC) was tasked with administering the program, which includes grants to public safety agencies.

Cypress' grant is $37,210 and must be expended on activities designed to improve police officer wellness and expand mental health resources. The department and Police Officer's Association conducted a survey to determine how to use the grant most effectively. The survey recommended purchasing additional physical fitness equipment for the Police department gym.

BUDGET IMPACT
The recommended budget appropriations of $37,210 will be fully funded by one-time grant The recommended budget appropriations of $37,210 will be fully funded by one-time grant proceeds received from the State of California.

LEGAL REVIEW
None required.

APPROVED BY:  Peter Grant, City Manager
Attachments
Funding Distribution Schedule

COUNTY AGENCY NAME AWARD AMOUNT
ALAMEDA COUNTY ALAMEDA CO SD/CORONER $ 709,103.49
ALAMEDA COUNTY ALAMEDA PD $ 47,741.62
ALAMEDA COUNTY ALBANY PD $ 20,000.00
ALAMEDA COUNTY BAY AREA RAPID TRANSIT PD $ 145,331.11
ALAMEDA COUNTY BERKELEY PD $ 106,014.48
ALAMEDA COUNTY EAST BAY REG PARK DPS $ 37,912.46
ALAMEDA COUNTY EMERYVILLE PD $ 28,000.00
ALAMEDA COUNTY FREMONT PD $ 117,949.89
ALAMEDA COUNTY HAYWARD PD $ 113,737.39
ALAMEDA COUNTY LIVERMORE PD $ 63,187.44
ALAMEDA COUNTY NEWARK PD $ 34,402.05
ALAMEDA COUNTY OAKLAND PD $ 483,032.87
ALAMEDA COUNTY PIEDMONT PD $ 15,000.00
ALAMEDA COUNTY PLEASANTON PD $ 54,762.45
ALAMEDA COUNTY SAN LEANDRO PD $ 49,847.87
ALAMEDA COUNTY UNION CITY PD $ 47,039.54
ALPINE COUNTY ALPINE CO SO $ 15,000.00
AMADOR COUNTY AMADOR CO SO/CORONER $ 32,997.89
AMADOR COUNTY IONE PD $ 15,000.00
AMADOR COUNTY JACKSON PD $ 15,000.00
AMADOR COUNTY SUTTER CREEK PD $ 15,000.00
BUTTE COUNTY BUTTE CO SO/CORONER $ 122,162.38
BUTTE COUNTY CHICO PD $ 65,293.69
BUTTE COUNTY GRIDLEY PD $ 15,000.00
BUTTE COUNTY OROVILLE PD $ 15,000.00
BUTTE COUNTY PARADISE PD $ 15,000.00
CALAVERAS COUNTY ANGELS CAMP PD $ 15,000.00
CALAVERAS COUNTY CALAVERAS CO SD $ 40,018.71
COLUSA COUNTY COLUSA COUNTY SD $ 25,000.00
COLUSA COUNTY COLUSA PD $ 15,000.00
COLUSA COUNTY WILLIAMS PD $ 15,000.00
CONTRA COSTA COUNTY ANTIOCH PD $ 77,229.09
CONTRA COSTA COUNTY BRENTWOOD PD $ 46,337.46
CONTRA COSTA COUNTY CLAYTON PD $ 15,000.00
CONTRA COSTA COUNTY CONCORD PD $ 93,376.99
CONTRA COSTA COUNTY CONTRA COSTA CO SO/CORONER $ 435,993.33 CONTRA COSTA COUNTY EL CERRITO PD $ 25,000.00
CONTRA COSTA COUNTY HERCULES PD $ 20,000.00
CONTRA COSTA COUNTY KENSINGTON PD $ 15,000.00
CONTRA COSTA COUNTY MARTINEZ PD $ 28,000.00
CONTRA COSTA COUNTY MORAGA PD $ 15,000.00
CONTRA COSTA COUNTY OAKLEY PD $ 28,000.00
CONTRA COSTA COUNTY PINOLE PD $ 20,000.00
CONTRA COSTA COUNTY PITTSBURG PD $ 62,485.36
CONTRA COSTA COUNTY PLEASANT HILL PD $ 30,891.64
CONTRA COSTA COUNTY RICHMOND PD $ 83,547.84
CONTRA COSTA COUNTY SAN PABLO PD $ 37,912.46
CONTRA COSTA COUNTY SAN RAMON PD $ 46,337.46
CONTRA COSTA COUNTY WALNUT CREEK PD $ 51,252.03
Officer Wellness and Mental Health Grant Program
Funding Distribution Schedule
December 12, 2022 1

COUNTY AGENCY NAME AWARD AMOUNT
DEL NORTE COUNTY CRESCENT CITY PD $ 15,000.00
DEL NORTE COUNTY DEL NORTE COUNTY SO $ 15,000.00
EL DORADO COUNTY EL DORADO CO SO $ 117,247.80
EL DORADO COUNTY PLACERVILLE PD $ 15,000.00
EL DORADO COUNTY SOUTH LAKE TAHOE PD $ 28,000.00
FRESNO COUNTY CLOVIS PD $ 73,718.68
FRESNO COUNTY COALINGA PD $ 15,000.00
FRESNO COUNTY FIREBAUGH PD $ 15,000.00
FRESNO COUNTY FOWLER PD $ 15,000.00
FRESNO COUNTY FRESNO CO SO $ 288,555.97
FRESNO COUNTY FRESNO PD $ 557,453.63
FRESNO COUNTY HURON PD $ 15,000.00
FRESNO COUNTY KERMAN PD $ 25,000.00
FRESNO COUNTY KINGSBURG PD $ 20,000.00
FRESNO COUNTY MENDOTA PD $ 15,000.00
FRESNO COUNTY ORANGE COVE PD $ 15,000.00
FRESNO COUNTY PARLIER PD $ 15,000.00
FRESNO COUNTY REEDLEY PD $ 25,000.00
FRESNO COUNTY SANGER PD $ 28,000.00
FRESNO COUNTY SELMA PD $ 28,000.00
GLENN COUNTY GLENN CO SO/CORONER $ 30,891.64
GLENN COUNTY ORLAND PD $ 15,000.00
HUMBOLDT COUNTY ARCATA PD $ 20,000.00
HUMBOLDT COUNTY EUREKA PD $ 28,000.00
HUMBOLDT COUNTY FERNDALE PD $ 15,000.00
HUMBOLDT COUNTY FORTUNA PD $ 15,000.00
HUMBOLDT COUNTY HUMBOLDT CO SO $ 128,481.13
HUMBOLDT COUNTY RIO DELL PD $ 15,000.00
IMPERIAL COUNTY BRAWLEY PD $ 20,000.00
IMPERIAL COUNTY CALEXICO PD $ 20,000.00
IMPERIAL COUNTY CALIPATRIA PD $ 15,000.00
IMPERIAL COUNTY EL CENTRO PD $ 28,083.31
IMPERIAL COUNTY IMPERIAL CO SO $ 63,187.44
IMPERIAL COUNTY IMPERIAL PD $ 15,000.00
IMPERIAL COUNTY WESTMORLAND PD $ 15,000.00
INYO COUNTY BISHOP PD $ 15,000.00
INYO COUNTY INYO COUNTY SO $ 28,000.00
KERN COUNTY ARVIN PD $ 15,000.00
KERN COUNTY BAKERSFIELD PD $ 305,405.96
KERN COUNTY BEAR VALLEY PD $ 15,000.00
KERN COUNTY CALIFORNIA CITY PD $ 15,000.00
KERN COUNTY DELANO PD $ 33,699.97
KERN COUNTY KERN COUNTY SO $ 501,989.10
KERN COUNTY MCFARLAND PD $ 15,000.00
KERN COUNTY RIDGECREST PD $ 25,000.00
KERN COUNTY SHAFTER PD $ 25,000.00
KERN COUNTY STALLION SPRINGS PD $ 15,000.00
KERN COUNTY TAFT PD $ 15,000.00
KERN COUNTY TEHACHAPI PD $ 15,000.00
KINGS COUNTY AVENAL PD $ 15,000.00
KINGS COUNTY CORCORAN PD $ 15,000.00
KINGS COUNTY HANFORD PD $ 42,827.04
December 12, 20222

COUNTY AGENCY NAME AWARD AMOUNT
KINGS COUNTY KINGS CO SHERIFF'S OFFICE $ 136,204.04
KINGS COUNTY LEMOORE PD $ 28,000.00
LAKE COUNTY CLEARLAKE PD $ 20,000.00
LAKE COUNTY LAKE CO SO $ 64,591.60
LAKE COUNTY LAKEPORT PD $ 15,000.00
LASSEN COUNTY LASSEN CO SO $ 38,614.55
LASSEN COUNTY SUSANVILLE PD $ 15,000.00
LOS ANGELES COUNTY ALHAMBRA PD $ 56,868.70
LOS ANGELES COUNTY ARCADIA PD $ 45,635.37
LOS ANGELES COUNTY AZUSA PD $ 36,508.30
LOS ANGELES COUNTY BALDWIN PARK PD $ 40,720.79
LOS ANGELES COUNTY BELL GARDENS PD $ 32,295.80
LOS ANGELES COUNTY BELL PD $ 25,000.00
LOS ANGELES COUNTY BEVERLY HILLS PD $ 94,781.16
LOS ANGELES COUNTY BURBANK PD $ 103,908.23
LOS ANGELES COUNTY CLAREMONT PD $ 28,000.00
LOS ANGELES COUNTY COVINA PD $ 40,720.79
LOS ANGELES COUNTY CULVER CITY PD $ 70,910.35
LOS ANGELES COUNTY DOWNEY PD $ 80,037.42
LOS ANGELES COUNTY EL MONTE PD $ 75,824.93
LOS ANGELES COUNTY EL SEGUNDO PD $ 37,912.46
LOS ANGELES COUNTY GARDENA PD $ 60,379.11
LOS ANGELES COUNTY GLENDALE PD $ 162,883.18
LOS ANGELES COUNTY GLENDORA PD $ 34,402.05
LOS ANGELES COUNTY HAWTHORNE PD $ 64,591.60
LOS ANGELES COUNTY HERMOSA BEACH PD $ 28,000.00
LOS ANGELES COUNTY HUNTINGTON PARK PD $ 37,210.38
LOS ANGELES COUNTY INGLEWOOD PD $ 120,056.14
LOS ANGELES COUNTY IRWINDALE PD $ 25,000.00
LOS ANGELES COUNTY LA VERNE PD $ 28,000.00
LOS ANGELES COUNTY LONG BEACH PD $ 520,243.25
LOS ANGELES COUNTY LOS ANGELES CO SD $ 6,548,325.00
LOS ANGELES COUNTY LOS ANGELES PD $ 6,499,179.21
LOS ANGELES COUNTY MANHATTAN BEACH PD $ 40,720.79
LOS ANGELES COUNTY MONROVIA PD $ 32,295.80
LOS ANGELES COUNTY MONTEBELLO PD $ 47,741.62
LOS ANGELES COUNTY MONTEREY PARK PD $ 49,847.87
LOS ANGELES COUNTY PALOS VERDES ESTATES PD $ 15,000.00
LOS ANGELES COUNTY PASADENA PD $ 152,351.94
LOS ANGELES COUNTY POMONA PD $ 105,312.40
LOS ANGELES COUNTY REDONDO BEACH PD $ 63,187.44
LOS ANGELES COUNTY SAN FERNANDO PD $ 25,000.00
LOS ANGELES COUNTY SAN GABRIEL PD $ 32,997.89
LOS ANGELES COUNTY SAN MARINO PD $ 25,000.00
LOS ANGELES COUNTY SANTA MONICA PD $ 141,118.62
LOS ANGELES COUNTY SIERRA MADRE PD $ 15,000.00
LOS ANGELES COUNTY SIGNAL HILL PD $ 28,000.00
LOS ANGELES COUNTY SOUTH GATE PD $ 51,954.12
LOS ANGELES COUNTY SOUTH PASADENA PD $ 28,000.00
LOS ANGELES COUNTY TORRANCE PD $ 141,820.70
LOS ANGELES COUNTY VERNON PD $ 30,189.55
LOS ANGELES COUNTY WEST COVINA PD $ 65,293.69
December 12, 2022 3

COUNTY AGENCY NAME AWARD AMOUNT
LOS ANGELES COUNTY WHITTIER PD $ 87,058.25
MADERA COUNTY CHOWCHILLA PD $ 20,000.00
MADERA COUNTY MADERA CO SO $ 75,122.84
MADERA COUNTY MADERA PD $ 40,720.79
MARIN COUNTY BELVEDERE PD $ 15,000.00
MARIN COUNTY CENTRAL MARIN POLICE AUTHORITY $ 28,000.00 MARIN COUNTY FAIRFAX PD $ 15,000.00
MARIN COUNTY MARIN CO SO $ 132,693.62
MARIN COUNTY MILL VALLEY PD $ 20,000.00
MARIN COUNTY NOVATO PD $ 39,316.63
MARIN COUNTY ROSS PD $ 15,000.00
MARIN COUNTY SAN RAFAEL PD $ 44,933.29
MARIN COUNTY SAUSALITO PD $ 15,000.00
MARIN COUNTY TIBURON PD $ 15,000.00
MARIPOSA COUNTY MARIPOSA CO SO $ 44,231.21
MENDOCINO COUNTY FORT BRAGG PD $ 15,000.00
MENDOCINO COUNTY MENDOCINO CO SO $ 75,824.93
MENDOCINO COUNTY UKIAH PD $ 20,000.00
MENDOCINO COUNTY WILLITS PD $ 15,000.00
MERCED COUNTY ATWATER PD $ 20,000.00
MERCED COUNTY DOS PALOS PD $ 15,000.00
MERCED COUNTY GUSTINE PD $ 15,000.00
MERCED COUNTY LIVINGSTON PD $ 15,000.00
MERCED COUNTY LOS BANOS PD $ 30,189.55
MERCED COUNTY MERCED CO SO $ 84,249.92
MERCED COUNTY MERCED PD $ 65,995.77
MODOC COUNTY ALTURAS PD $ 15,000.00
MODOC COUNTY MODOC CO SO $ 15,000.00
MONO COUNTY MAMMOTH LAKES PD $ 15,000.00
MONO COUNTY MONO CO SD $ 20,000.00
MONTEREY COUNTY CARMEL PD $ 15,000.00
MONTEREY COUNTY DEL REY OAKS PD $ 15,000.00
MONTEREY COUNTY GONZALES PD $ 15,000.00
MONTEREY COUNTY GREENFIELD PD $ 20,000.00
MONTEREY COUNTY KING CITY PD $ 15,000.00
MONTEREY COUNTY MARINA PD $ 25,000.00
MONTEREY COUNTY MONTEREY CO SHERIFF'S OFFICE $ 196,583.15 MONTEREY COUNTY MONTEREY PD $ 32,997.89
MONTEREY COUNTY PACIFIC GROVE PD $ 20,000.00
MONTEREY COUNTY SALINAS PD $ 96,887.41
MONTEREY COUNTY SAND CITY PD $ 15,000.00
MONTEREY COUNTY SEASIDE PD $ 25,000.00
MONTEREY COUNTY SOLEDAD PD $ 15,000.00
NAPA COUNTY CALISTOGA PD $ 15,000.00
NAPA COUNTY NAPA CO SO $ 72,314.51
NAPA COUNTY NAPA PD $ 44,933.29
NAPA COUNTY SAINT HELENA PD $ 15,000.00
NEVADA COUNTY GRASS VALLEY PD $ 25,000.00
NEVADA COUNTY NEVADA CITY PD $ 15,000.00
NEVADA COUNTY NEVADA CO SO $ 42,827.04
NEVADA COUNTY TRUCKEE PD $ 20,000.00
ORANGE COUNTY ANAHEIM PD $ 260,472.67
December 12, 2022 4

COUNTY AGENCY NAME AWARD AMOUNT
ORANGE COUNTY BREA PD $ 41,422.88
ORANGE COUNTY BUENA PARK PD $ 58,272.86
ORANGE COUNTY COSTA MESA PD $ 93,376.99
ORANGE COUNTY CYPRESS PD $ 37,210.38
ORANGE COUNTY FOUNTAIN VALLEY PD $ 42,827.04
ORANGE COUNTY FULLERTON PD $ 79,335.34
ORANGE COUNTY GARDEN GROVE PD $ 122,162.38
ORANGE COUNTY HUNTINGTON BEACH PD $ 148,841.52
ORANGE COUNTY IRVINE PD $ 160,776.93
ORANGE COUNTY LA HABRA PD $ 50,549.95
ORANGE COUNTY LA PALMA PD $ 20,000.00
ORANGE COUNTY LAGUNA BEACH PD $ 34,402.05
ORANGE COUNTY LOS ALAMITOS PD $ 15,000.00
ORANGE COUNTY NEWPORT BEACH PD $ 94,079.08
ORANGE COUNTY ORANGE CO SD/CORONER $ 1,285,513.36
ORANGE COUNTY ORANGE PD $ 102,504.07
ORANGE COUNTY PLACENTIA PD $ 32,295.80
ORANGE COUNTY SANTA ANA PD $ 246,431.01
ORANGE COUNTY SEAL BEACH PD $ 28,000.00
ORANGE COUNTY TUSTIN PD $ 65,293.69
ORANGE COUNTY WESTMINSTER PD $ 57,570.78
PLACER COUNTY AUBURN PD $ 15,000.00
PLACER COUNTY LINCOLN PD $ 25,000.00
PLACER COUNTY PLACER COUNTY SO $ 176,222.75
PLACER COUNTY ROCKLIN PD $ 41,422.88
PLACER COUNTY ROSEVILLE PD $ 89,866.58
PLUMAS COUNTY PLUMAS CO SO $ 25,000.00
RIVERSIDE COUNTY BANNING PD $ 28,000.00
RIVERSIDE COUNTY BEAUMONT PD $ 35,104.13
RIVERSIDE COUNTY BLYTHE PD $ 20,000.00
RIVERSIDE COUNTY CATHEDRAL CITY PD $ 34,402.05
RIVERSIDE COUNTY CORONA PD $ 104,610.32
RIVERSIDE COUNTY DESERT HOT SPRINGS PD $ 25,000.00
RIVERSIDE COUNTY HEMET PD $ 48,443.70
RIVERSIDE COUNTY INDIO PD $ 44,933.29
RIVERSIDE COUNTY MENIFEE PD $ 53,358.28
RIVERSIDE COUNTY MURRIETA PD $ 70,910.35
RIVERSIDE COUNTY PALM SPRINGS PD $ 68,804.10
RIVERSIDE COUNTY RIVERSIDE CO SD $ 1,951,087.72
RIVERSIDE COUNTY RIVERSIDE PD $ 245,026.85
SACRAMENTO COUNTY AMTRAK PD $ 25,000.00
SACRAMENTO COUNTY CITRUS HEIGHTS PD $ 54,762.45
SACRAMENTO COUNTY ELK GROVE PD $ 89,866.58
SACRAMENTO COUNTY FOLSOM PD $ 51,252.03
SACRAMENTO COUNTY GALT PD $ 28,000.00
SACRAMENTO COUNTY SACRAMENTO CO SD $ 902,176.22
SACRAMENTO COUNTY SACRAMENTO PD $ 480,926.62
SAN BENITO COUNTY HOLLISTER PD $ 28,000.00
SAN BENITO COUNTY SAN BENITO CO SO $ 37,912.46
SAN BERNARDINO COUNTY BARSTOW PD $ 28,000.00
SAN BERNARDINO COUNTY CHINO PD $ 77,931.18
SAN BERNARDINO COUNTY COLTON PD $ 37,210.38
December 12, 2022 5

COUNTY AGENCY NAME AWARD AMOUNT
SAN BERNARDINO COUNTY FONTANA PD $ 136,204.04
SAN BERNARDINO COUNTY MONTCLAIR PD $ 32,295.80
SAN BERNARDINO COUNTY ONTARIO PD $ 193,072.73
SAN BERNARDINO COUNTY REDLANDS PD $ 55,464.53
SAN BERNARDINO COUNTY RIALTO PD $ 78,633.26
SAN BERNARDINO COUNTY SAN BERNARDINO CO SD $ 1,347,296.63 SAN BERNARDINO COUNTY SAN BERNARDINO PD $ 172,010.25
SAN BERNARDINO COUNTY UPLAND PD $ 45,635.37
SAN DIEGO COUNTY CARLSBAD PD $ 84,952.00
SAN DIEGO COUNTY CHULA VISTA PD $ 163,585.26
SAN DIEGO COUNTY CORONADO PD $ 30,891.64
SAN DIEGO COUNTY EL CAJON PD $ 82,845.75
SAN DIEGO COUNTY ESCONDIDO PD $ 94,781.16
SAN DIEGO COUNTY LA MESA PD $ 42,124.96
SAN DIEGO COUNTY NATIONAL CITY PD $ 58,272.86
SAN DIEGO COUNTY OCEANSIDE PD $ 142,522.78
SAN DIEGO COUNTY SAN DIEGO CO SD $ 1,809,969.10
SAN DIEGO COUNTY SAN DIEGO PD $ 1,263,046.71
SAN FRANCISCO COUNTY SAN FRANCISCO CO SO $ 536,391.15
SAN FRANCISCO COUNTY SAN FRANCISCO PD $ 1,407,675.74
SAN JOAQUIN COUNTY ESCALON PD $ 15,000.00
SAN JOAQUIN COUNTY LODI PD $ 47,741.62
SAN JOAQUIN COUNTY MANTECA PD $ 51,252.03
SAN JOAQUIN COUNTY RIPON PD $ 20,000.00
SAN JOAQUIN COUNTY SAN JOAQUIN CO SO $ 223,262.29
SAN JOAQUIN COUNTY STOCKTON PD $ 275,918.49
SAN JOAQUIN COUNTY TRACY PD $ 73,718.68
SAN LUIS OBISPO COUNTY ARROYO GRANDE PD $ 20,000.00
SAN LUIS OBISPO COUNTY ATASCADERO PD $ 25,000.00
SAN LUIS OBISPO COUNTY GROVER BEACH PD $ 20,000.00
SAN LUIS OBISPO COUNTY MORRO BAY PD $ 15,000.00
SAN LUIS OBISPO COUNTY PASO ROBLES PD $ 28,000.00
SAN LUIS OBISPO COUNTY PISMO BEACH PD $ 20,000.00
SAN LUIS OBISPO COUNTY SAN LUIS OBISPO CO SO $ 216,943.54 SAN LUIS OBISPO COUNTY SAN LUIS OBISPO PD $ 42,124.96
SAN MATEO COUNTY ATHERTON PD $ 20,000.00
SAN MATEO COUNTY BELMONT PD $ 25,000.00
SAN MATEO COUNTY BRISBANE PD $ 15,000.00
SAN MATEO COUNTY BROADMOOR PD $ 15,000.00
SAN MATEO COUNTY BURLINGAME PD $ 28,000.00
SAN MATEO COUNTY COLMA PD $ 15,000.00
SAN MATEO COUNTY DALY CITY PD $ 63,889.52
SAN MATEO COUNTY EAST PALO ALTO PD $ 25,000.00
SAN MATEO COUNTY FOSTER CITY PD $ 28,000.00
SAN MATEO COUNTY HILLSBOROUGH PD $ 25,000.00
SAN MATEO COUNTY MENLO PARK PD $ 28,785.39
SAN MATEO COUNTY PACIFICA PD $ 25,000.00
SAN MATEO COUNTY REDWOOD CITY PD $ 56,166.61
SAN MATEO COUNTY SAN BRUNO PD $ 31,593.72
SAN MATEO COUNTY SAN MATEO CO SHERIFF'S OFFICE $ 202,199.81 SAN MATEO COUNTY SAN MATEO PD $ 75,122.84
SAN MATEO COUNTY SOUTH SAN FRANCISCO PD $ 53,358.28
December 12, 2022 6

COUNTY AGENCY NAME AWARD AMOUNT
SANTA BARBARA COUNTY GUADALUPE PD $ 15,000.00
SANTA BARBARA COUNTY LOMPOC PD $ 28,785.39
SANTA BARBARA COUNTY SANTA BARBARA CO SO $ 348,233.00
SANTA BARBARA COUNTY SANTA BARBARA PD $ 82,143.67
SANTA BARBARA COUNTY SANTA MARIA PD $ 83,547.84
SANTA CLARA COUNTY CAMPBELL PD $ 30,189.55
SANTA CLARA COUNTY GILROY PD $ 43,529.13
SANTA CLARA COUNTY LOS ALTOS PD $ 28,000.00
SANTA CLARA COUNTY LOS GATOS PD $ 28,000.00
SANTA CLARA COUNTY MILPITAS PD $ 60,379.11
SANTA CLARA COUNTY MORGAN HILL PD $ 28,000.00
SANTA CLARA COUNTY MOUNTAIN VIEW PD $ 57,570.78
SANTA CLARA COUNTY PALO ALTO PD $ 47,741.62
SANTA CLARA COUNTY SAN JOSE PD $ 758,951.36
SANTA CLARA COUNTY SANTA CLARA CO SO $ 841,095.03
SANTA CLARA COUNTY SANTA CLARA PD $ 98,291.57
SANTA CLARA COUNTY SUNNYVALE DPS $ 139,012.37
SANTA CRUZ COUNTY CAPITOLA PD $ 20,000.00
SANTA CRUZ COUNTY SANTA CRUZ CO SO $ 101,801.99
SANTA CRUZ COUNTY SANTA CRUZ PD $ 50,549.95
SANTA CRUZ COUNTY SCOTTS VALLEY PD $ 15,000.00
SANTA CRUZ COUNTY WATSONVILLE PD $ 47,039.54
SHASTA COUNTY ANDERSON PD $ 15,000.00
SHASTA COUNTY REDDING PD $ 72,314.51
SHASTA COUNTY SHASTA CO SO $ 82,845.75
SIERRA COUNTY SIERRA CO SHERIFF'S OFFICE $ 15,000.00
SISKIYOU COUNTY ETNA PD $ 15,000.00
SISKIYOU COUNTY LAKE SHASTINA DISTRICT PD $ 15,000.00
SISKIYOU COUNTY MOUNT SHASTA PD $ 15,000.00
SISKIYOU COUNTY SISKIYOU CO SD $ 45,635.37
SISKIYOU COUNTY TULELAKE PD $ 15,000.00
SISKIYOU COUNTY WEED PD $ 15,000.00
SISKIYOU COUNTY YREKA PD $ 15,000.00
SOLANO COUNTY BENICIA PD $ 28,000.00
SOLANO COUNTY DIXON PD $ 20,000.00
SOLANO COUNTY FAIRFIELD PD $ 82,143.67
SOLANO COUNTY SOLANO CO SO $ 120,056.14
SOLANO COUNTY SUISUN CITY PD $ 20,000.00
SOLANO COUNTY VACAVILLE PD $ 70,208.27
SOLANO COUNTY VALLEJO PD $ 61,783.27
SONOMA COUNTY CLOVERDALE PD $ 15,000.00
SONOMA COUNTY COTATI PD $ 15,000.00
SONOMA COUNTY HEALDSBURG PD $ 15,000.00
SONOMA COUNTY PETALUMA PD $ 46,337.46
SONOMA COUNTY ROHNERT PARK DPS $ 51,252.03
SONOMA COUNTY SANTA ROSA PD $ 117,247.80
SONOMA COUNTY SEBASTOPOL PD $ 15,000.00
SONOMA COUNTY SONOMA CO SHERIFF'S OFFICE $ 287,151.81
STANISLAUS COUNTY CERES DPS $ 32,997.89
STANISLAUS COUNTY MODESTO PD $ 127,779.04
STANISLAUS COUNTY NEWMAN PD $ 15,000.00
STANISLAUS COUNTY OAKDALE PD $ 20,000.00
December 12, 2022 7

COUNTY AGENCY NAME AWARD AMOUNT
STANISLAUS COUNTY STANISLAUS CO SD $ 369,997.56
STANISLAUS COUNTY TURLOCK PD $ 57,570.78
SUTTER COUNTY SUTTER CO SO $ 70,910.35
SUTTER COUNTY YUBA CITY PD $ 41,422.88
TEHEMA COUNTY CORNING PD $ 15,000.00
TEHEMA COUNTY RED BLUFF PD $ 20,000.00
TEHEMA COUNTY TEHAMA CO SO $ 47,039.54
TRINITY COUNTY TRINITY COUNTY SO $ 28,000.00
TULARE COUNTY DINUBA PD $ 28,000.00
TULARE COUNTY EXETER PD $ 15,000.00
TULARE COUNTY FARMERSVILLE PD $ 15,000.00
TULARE COUNTY LINDSAY DPS $ 15,000.00
TULARE COUNTY PORTERVILLE PD $ 46,337.46
TULARE COUNTY TULARE CO SO $ 358,062.16
TULARE COUNTY TULARE PD $ 46,337.46
TULARE COUNTY VISALIA PD $ 102,504.07
TULARE COUNTY WOODLAKE PD $ 15,000.00
TUOLUMNE COUNTY SONORA PD $ 15,000.00
TUOLUMNE COUNTY TUOLUMNE CO SO $ 65,293.69
VENTURA COUNTY OXNARD PD $ 152,351.94
VENTURA COUNTY PORT HUENEME PD $ 20,000.00
VENTURA COUNTY SANTA PAULA PD $ 25,000.00
VENTURA COUNTY SIMI VALLEY PD $ 77,229.09
VENTURA COUNTY VENTURA CO SO $ 503,393.27
VENTURA COUNTY VENTURA PD $ 95,483.24
YOLO COUNTY DAVIS PD $ 39,316.63
YOLO COUNTY WEST SACRAMENTO PD $ 47,741.62
YOLO COUNTY WINTERS PD $ 15,000.00
YOLO COUNTY WOODLAND PD $ 47,039.54
YOLO COUNTY YOLO CO SHERIFF'S OFFICE $ 54,060.37
YUBA COUNTY MARYSVILLE PD $ 15,000.00
YUBA COUNTY WHEATLAND PD $ 15,000.00
YUBA COUNTY YUBA CO SD $ 73,016.60
December 12, 2022 8
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 13.

FROM: Matt Burton, Director of Finance and Administrative Services DATE: 01/08/2024
SUBJECT: Receive and File the Investment Reports for the Months Ended October 31, 2023 and November 30, 2023

RECOMMENDATION
Receive and file the attached investment reports.

DISCUSSION
California Government Code Section 53607 and Cypress Municipal Code Section 2-18(f) requires the submission of a monthly investment report to the City Council. Due to the cancellation of City Council meetings in November and December, two reports are being presented for the periods ending October 31, 2023 and November 30, 2023. As of October 31, 2023, the City had $194.0 million (current market value) in cash and investments and the interest return (yield) on the public funds investments was 4.30%. As of November 30, 2023, the City had $195.3 million (current market value) in cash and investments and the interest return (yield) on the public funds investments was 4.42%. As required by the Government Code, all investments are in conformity with the City's investment policy and sufficient cash flows are available to meet the next six months of estimated expenditures.

The attached Summaries of Cash and Investments present the investments held by the City of Cypress as of October 31, 2023 and November 30, 2023. The Investment Reports consist of the following five summaries:

1. Summary of Cash and Investments - Provides the total portfolio of the City.

Changes in Cash and Investments - Provides a two-month cash flow analysis by fund type. These separate fund types allow for restricted monies to be segregated and tracked separately. The total ending amount agrees to the current market value shown in the Summary of Cash and Investments.

2. Investments at Market Value by Maturity Date - Provides a list of investments by maturity date, and an indication of the liquidity (ability to turn into cash) of the investments. The California Government Code restricts the type of investments eligible for public funds. The City’s Investment Policy further defines permitted investments.

These restrictions in investment types and the terms of allowable investments result in limited yields on City investments.

3. limited yields on City investments.

Interfund Investments - Indicates outstanding loans between City funds. There is currently one loan due to the Infrastructure Reserve Fund from the Cypress Recreation and Park District General Fund related to the construction of Lexington Park.

4. Summary of Cash and Investments Held In Trust - Presents investments held in trust by the Public Agency Retirement Services (PARS) for offsetting unfunded pension liabilities. The pension trust amounts can only be used for future pension obligations.

The legal restrictions on the allowable investment types are less restrictive than those in the City's portfolio, which provides the potential for higher yields to be earned over the long-term on investments held in the pension trust.

5. As mentioned previously, the City had $194.0 million and $195.3 million (current market value) in cash and investments at October 31, 2023 and November 30, 2023 respectively.

The investments included Federal Agencies Debt ($149.1 million at October 31 and $144.9 million at November 30) and Investment Pools ($43.4 million at October 31 and $49.3 million at November 30). The City's bank accounts held $1.5 million on October 31, 2023 and $1.1 million on November 30, 2023.

A portion of the investment portfolio is invested in the State Investment Pool (Local Agency Investment Fund or LAIF) which is managed by investment experts and provides a diversified investment pool for local agencies to invest. By using the combined size of the participating cities and agencies, the State Pool can provide a competitive yield, liquidity and investment knowledge that otherwise would not be available to a single entity.

The amount of cash in the City’s checking accounts fluctuates based on the maturity of investments, daily cash receipts, and when vendors and employees are paid. The daily balances maintained in the checking accounts provide credits which offset monthly bank charges. In addition to the Federal Depository Insurance Corporation (FDIC) which insures the first $250,000, excess checking deposits are secured by banks, government, or mortgage securities valued between 110% and 150% of the deposits.

BUDGET IMPACT
None.

LEGAL REVIEW
None required.

APPROVED BY:  Matt Burton, Director of Finance & Administrative Services Attachments
Investment Report for the Month Ended October 31, 2023
Investment Report for the Month Ended November 30, 2023 Summary of Cash and Investments
As of October 31, 2023
Type Description
Investment
Date Maturity Date
Interest
Rate Carrying Value
Current Market
Value (2)
(1) Ckg General Operating Account Bank of the West 11/1/2023 - $ 1,432,367.26 $ 1,432,367.26 Pool Local Agency Investment Fund State Treasurer 11/1/2023 3.434 22,000,000.00 21,698,770.26 Pool Local Agency Investment Fund State Treasurer 11/1/2023 3.434 22,000,000.00 21,698,770.26 FFCB Federal Farm Credit Bank Bank of the West 2/21/2023 8/21/2024 4.875 10,000,000.00 9,951,400.00 FFCB Federal Farm Credit Bank Bank of the West 10/27/2022 10/17/2024 4.620 5,000,000.00 4,952,050.00 FFCB Federal Farm Credit Bank Bank of the West 1/10/2023 1/10/2025 4.310 3,008,100.00 2,967,150.00 FFCB Federal Farm Credit Bank Bank of the West 3/22/2021 3/17/2025 0.700 4,000,000.00 3,750,400.00 FFCB Federal Farm Credit Bank Bank of the West 1/13/2023 1/13/2026 4.000 2,000,000.00 1,952,440.00 FFCB Federal Farm Credit Bank Bank of the West 3/2/2023 3/2/2026 4.478 5,002,500.00 4,935,900.00 FFCB Federal Farm Credit Bank Bank of the West 9/29/2023 4/20/2026 5.000 4,985,581.99 4,979,950.00 FFCB Federal Farm Credit Bank Bank of the West 6/23/2023 6/23/2026 4.820 5,000,000.00 4,928,950.00 FFCB Federal Farm Credit Bank Bank of the West 6/6/2023 6/6/2028 5.850 5,000,000.00 4,939,550.00 FFCB Federal Farm Credit Bank Bank of the West 6/30/2023 6/30/2028 5.000 5,000,000.00 4,868,600.00 FHLB Federal Home Loan Bank Bank of the West 5/9/2022 11/9/2023 2.611 5,000,000.00 4,997,300.00 FHLB Federal Home Loan Bank Bank of the West 5/16/2022 2/16/2024 2.651 4,500,000.00 4,461,345.00 FHLB Federal Home Loan Bank Bank of the West 2/27/2023 2/27/2024 5.125 10,000,000.00 9,982,400.00 FHLB Federal Home Loan Bank Bank of the West 4/28/2022 4/19/2024 2.749 3,000,000.00 2,970,720.00 FHLB Federal Home Loan Bank Bank of the West 5/27/2021 2/27/2025 0.660 3,000,000.00 2,817,180.00 FHLB Federal Home Loan Bank Bank of the West 3/20/2023 6/20/2025 5.379 5,000,000.00 4,969,250.00 FHLB Federal Home Loan Bank Bank of the West 6/26/2023 6/26/2026 5.350 4,815,000.00 4,766,994.45 FHLMC Freddie Mac Bank of the West 7/28/2022 12/30/2024 3.350 4,000,000.00 3,902,240.00 FHLMC Freddie Mac Bank of the West 1/30/2023 1/27/2025 5.000 10,000,000.00 9,910,700.00 FHLMC Freddie Mac Bank of the West 9/21/2022 3/31/2025 4.320 5,000,000.00 4,916,850.00 FHLMC Freddie Mac Bank of the West 5/11/2023 5/9/2025 5.299 8,550,000.00 8,488,867.50 FHLMC Freddie Mac Bank of the West 6/6/2023 6/6/2025 5.320 5,000,000.00 4,962,400.00 FHLMC Freddie Mac Bank of the West 9/30/2022 9/30/2025 4.750 5,000,000.00 4,928,150.00 FHLMC Freddie Mac Bank of the West 3/13/2023 3/13/2026 5.625 10,000,000.00 9,933,400.00 FHLMC Freddie Mac Bank of the West 9/29/2023 8/23/2027 5.869 4,996,250.00 4,983,100.00 TSY US Treasury Bill Bank of the West 6/2/2023 11/30/2023 5.307 9,743,583.33 9,957,400.00 TSY US Treasury Bill Bank of the West 7/28/2022 2/15/2024 2.957 3,995,943.57 3,968,840.00 Ckg Worker's Comp Account Bank of the West 11/1/2023 - 50,000.00 50,000.00 Ckg Liability Account California Bank & Trust 11/1/2023 - 8,500.00 8,500.00 Cash Petty Cash City 11/1/2023 - 8,350.00 8,350.00

$ 196,096,176.15 $ 194,040,284.73
Average Weighted Yield to Maturity: 4.30%
Average Weighted Days to Maturity: 448.09
(1) Negative cash balance (if any) shown due to checks being issued at month end, transfer to cover checks not made until early in the following month. (2) Current market value of securities with maturities in excess of 12 months (if any) are provided by third-party safekeeping agents.

I certify that this report reflects all Government Agency pooled investments and is in conformity with the Investment Policy of the City of Cypress. A copy of this Investment Policy is available at the Office of the Finance Director.

The Investment Program herein shown provides sufficient cash flow liquidity to meet six months estimated expenditures.

Signed: ________________________________
Finance Director
City of Cypress
Bank/Agent
8/31/2023 +RECEIPTS (DISBURSEMENTS) 9/30/2023 +RECEIPTS (DISBURSEMENTS) 10/31/2023

GENERAL
111/114 GENERAL FUND/GENERAL FUND-GRANTS $ 28,876,711 $ 3,084,845 $ (2,477,418) $ 29,484,138 $ 2,782,747 $ (5,098,755) $ 27,168,130

SPECIAL REVENUE
115 PANDEMIC RELIEF 6,276 - - 6,276 - - 6,276
212 CRPD-GENERAL FUND 15,432,056 179,665 (1,061,215) 14,550,506 439,806 (3,004,017) 11,986,295 213 CRPD-PARK DEVELOPMENT 4,157 - - 4,157 21 - 4,178
221 TRAFFIC SAFETY 3,425 8,784 - 12,209 6,942 - 19,151
230 STREETS 9,291,246 205,953 (41,416) 9,455,783 524,547 (421,730) 9,558,600 251 LIGHTING DISTRICT #2 5,758,773 22,752 (91,051) 5,690,474 53,551 (94,832) 5,649,193 261 STORM DRAIN 2,188,843 30,172 (15,392) 2,203,623 54,289 (180,506) 2,077,406 262 PLANNED LOCAL DRAINAGE FACILITY 1,075,757 - - 1,075,757 8,896 - 1,084,653 271 CORP CNTR MAINT DISTRICT #1 179,689 - (18,119) 161,570 - (2,543) 159,027 280 ASSET SEIZURE 1,336,104 1,000 (7,872) 1,329,232 25,278 (2,521) 1,351,989 291 CABLE TV FRANCHISE AGREEMENT 778,395 - - 778,395 1,147 - 779,542 301 SUPPLEMENTAL LAW ENFORCEMENT (16,775) 86,159 (9,428) 59,956 40,074 (7,357) 92,673 321 SEWER FUND 7,723,355 153,572 (22,850) 7,854,077 217,961 (37,398) 8,034,640 471 LOW AND MODERATE HSG ASSET 18,007 798 - 18,805 1,501 (2,887) 17,419

CAPITAL PROJECTS
415 CITY CAPITAL PROJECTS 17,697,219 351 (1,530,805) 16,166,765 108,049 (119,876) 16,154,938 416 INFRASTRUCTURE RESERVE 72,449,334 - (76,544) 72,372,790 709,511 - 73,082,301

TRUST AND AGENCY
600 TRUST AND AGENCY 1,446,487 33,069 (31,763) 1,447,793 39,307 (22,423) 1,464,677 611 BUSINESS ASSESSMENT DISTRICT 52 - - 52 - (52) -
612 CFD #1 ASSESSMENT DISTRICT 153,575 - - 153,575 - - 153,575 620 REC & COMM SERVICES FOUNDATION 33,186 - (1,248) 31,938 1,398 (493) 32,843

INTERNAL SERVICE
710 CENTRAL SERVICES 3,860,367 5,503 (320,886) 3,544,984 468,816 (211,704) 3,802,096 720 CAPITAL REPLACEMENT 15,725,709 11,551 (129,644) 15,607,616 125,240 (23,628) 15,709,228 730 TECHNOLOGY IMPROVEMENT 2,273,110 - - 2,273,110 - - 2,273,110 750 EMPLOYEE BENEFITS 2,111,363 896,427 (820,199) 2,187,591 1,620,792 (710,757) 3,097,626 760 LIABILITY SELF INSURANCE 1,873,149 - (10,605) 1,862,544 102,252 - 1,964,796 770 WORKERS COMP SELF INSURANCE 3,319,420 59,950 (47,593) 3,331,777 60,286 (27,257) 3,364,806 OTHER
811/812 WESTCOMM JPA 4,544,041 127,165 (285,304) 4,385,902 913,924 (348,709) 4,951,117 $ 198,143,031 $ 4,907,716 $ (6,999,352) $ 196,051,395 $ 8,306,335 $ (10,317,445) 194,040,285 City of Cypress
Changes in Cash/Investments
City of Cypress

INVESTMENTS AT MARKET VALUE BY MATURITY DATE
As of October 31, 2023
1 day 181 days 1 year 2 years 3 years 4 years
to to to to to to
Investments 180 days 1 year 2 years 3 years 4 years 5 years 5+ years Totals Percent CASH $ 1,499,217 $ - $ - $ - $ - $ - $ - $ 1,499,217 0.77% FFCB - 14,903,450 6,717,550 16,797,240 - 9,808,150 - 48,226,390 24.85% FHLB 22,411,765 - 7,786,430 4,766,994 - - - 34,965,189 18.02% FREDDIE MAC - - 37,109,208 9,933,400 4,983,100 - - 52,025,708 26.81% STATE POOL 43,397,541 - - - - - - 43,397,541 22.37%
TSY 13,926,240 - - - - - - 13,926,240 7.18%
Totals $ 81,234,763 $ 14,903,450 $ 51,613,188 $ 31,497,634 $ 4,983,100 $ 9,808,150 $ - $ 194,040,285 100.00% Percent 41.86% 7.68% 26.60% 16.23% 2.57% 5.05% 0.00% 100.00% Note
Issue Maturity Interest Authorized Principal
Note No. To From Date Date Rate Amount Outstanding *
2 CRPD City 02/08/21 06/30/25 LAIF $ 12,800,000 $ 4,298,294 3 CRPD City 02/13/23 06/30/25 LAIF $ 1,275,000 $ 850,960 Total Interfund Investments $ 5,149,254

CITY OF CYPRESS

INTERFUND INVESTMENTS
As of October 31, 2023
Note Outstanding
The City Infrastructure Reserve Fund issued a promissory note to the Cypress Recreation and Park District General Fund to pay * Unaudited; amounts subject to change as part of finalizing the recording of actual FY 2022-23 transactions. up to $12.8 million for the construction of Lexington Park. Repayment by the Cypress Recreation and Park District will be made from future park development fees. Advances to date total $12,291,961, and repayments to date total $7,993,667.

The City Infrastructure Reserve Fund issued a promissory note to the Cypress Recreation and Park District General Fund to pay up to $1.275 million for design costs associated with the rehabilitation of Arnold Cypress Park. Repayment by the Cypress Recreation and Park District will be made from additional Property Tax revenues resulting from the dissolution of the Successor Agency to the former Redevelopment Agency. Advances to date total $850,960.

Fund Type Issuer
Maturity
Date
One Year
Return * Cost Amount
Current Market
Value
PARS Public Agencies Post-Employment Benefits Trust
Trustee: Public Agency Retirement Services (PARS)
Section 115 Trust Pension Trust Various Open 2.49% $ 20,540,000.00 $ 21,786,772.03 Total $ 20,540,000.00 $ 21,786,772.03
* 12-month period ending with the current month.

City of Cypress
Summary of Cash and Investments Held In Trust
As of October 31, 2023
Summary of Cash and Investments
As of November 30, 2023
Type Description
Investment
Date Maturity Date
Interest
Rate Carrying Value
Current Market
Value (2)
(1) Ckg General Operating Account BMO 12/1/2023 - $ 1,102,215.01 $ 1,102,215.01 Pool Local Agency Investment Fund State Treasurer 12/1/2023 3.843 24,000,000.00 23,671,385.76 Pool Local Agency Investment Fund State Treasurer 12/1/2023 3.843 26,000,000.00 25,644,001.20 FFCB Federal Farm Credit Bank BMO 2/21/2023 8/21/2024 4.875 10,000,000.00 9,973,700.00 FFCB Federal Farm Credit Bank BMO 10/27/2022 10/17/2024 4.620 5,000,000.00 4,969,200.00 FFCB Federal Farm Credit Bank BMO 1/10/2023 1/10/2025 4.310 3,008,100.00 2,980,050.00 FFCB Federal Farm Credit Bank BMO 3/22/2021 3/17/2025 0.700 4,000,000.00 3,778,640.00 FFCB Federal Farm Credit Bank BMO 1/13/2023 1/13/2026 4.000 2,000,000.00 1,971,780.00 FFCB Federal Farm Credit Bank BMO 3/2/2023 3/2/2026 4.478 5,002,500.00 4,987,750.00 FFCB Federal Farm Credit Bank BMO 9/29/2023 4/20/2026 5.000 4,985,581.99 5,030,000.00 FFCB Federal Farm Credit Bank BMO 6/23/2023 6/23/2026 4.820 5,000,000.00 4,970,550.00 FFCB Federal Farm Credit Bank BMO 6/6/2023 6/6/2028 5.850 5,000,000.00 5,002,500.00 FFCB Federal Farm Credit Bank BMO 6/30/2023 6/30/2028 5.000 5,000,000.00 4,939,750.00 FHLB Federal Home Loan Bank BMO 5/16/2022 2/16/2024 2.651 4,500,000.00 4,473,495.00 FHLB Federal Home Loan Bank BMO 2/27/2023 2/27/2024 5.125 10,000,000.00 9,991,600.00 FHLB Federal Home Loan Bank BMO 4/28/2022 4/19/2024 2.749 3,000,000.00 2,978,040.00 FHLB Federal Home Loan Bank BMO 5/27/2021 2/27/2025 0.660 3,000,000.00 2,837,580.00 FHLB Federal Home Loan Bank BMO 3/20/2023 6/20/2025 5.379 5,000,000.00 4,992,800.00 FHLB Federal Home Loan Bank BMO 6/26/2023 6/26/2026 5.350 4,815,000.00 4,792,369.50 FHLB Federal Home Loan Bank BMO 11/15/2023 11/15/2027 5.625 5,000,000.00 4,993,300.00 FHLB Federal Home Loan Bank BMO 11/30/2023 11/17/2026 4.420 5,000,000.00 5,010,650.00 FHLMC Federal Home Loan Mortgage Corp BMO 7/28/2022 12/30/2024 3.350 4,000,000.00 3,919,040.00 FHLMC Federal Home Loan Mortgage Corp BMO 1/30/2023 1/27/2025 5.000 10,000,000.00 9,939,400.00 FHLMC Federal Home Loan Mortgage Corp BMO 9/21/2022 3/31/2025 4.320 5,000,000.00 4,936,750.00 FHLMC Federal Home Loan Mortgage Corp BMO 5/11/2023 5/9/2025 5.299 8,550,000.00 8,512,038.00 FHLMC Federal Home Loan Mortgage Corp BMO 6/6/2023 6/6/2025 5.320 5,000,000.00 4,978,800.00 FHLMC Federal Home Loan Mortgage Corp BMO 9/30/2022 9/30/2025 4.750 5,000,000.00 4,957,700.00 FHLMC Federal Home Loan Mortgage Corp BMO 3/13/2023 3/13/2026 5.625 10,000,000.00 9,965,600.00 FHLMC Federal Home Loan Mortgage Corp BMO 9/29/2023 8/23/2027 5.869 4,996,250.00 5,001,750.00 TSY US Treasury Bill BMO 7/28/2022 2/15/2024 2.957 3,995,943.57 3,978,640.00 Ckg Worker's Comp Account BMO 12/1/2023 - 50,000.00 50,000.00 Ckg Liability Account California Bank & Trust 12/1/2023 - 8,500.00 8,500.00 Cash Petty Cash City 12/1/2023 - 8,350.00 8,350.00

$ 197,022,440.57 $ 195,347,924.47
Average Weighted Yield to Maturity: 4.42%
Average Weighted Days to Maturity: 487.79
(1) Negative cash balance (if any) shown due to checks being issued at month end, transfer to cover checks not made until early in the following month. (2) Current market value of securities with maturities in excess of 12 months (if any) are provided by third-party safekeeping agents.

I certify that this report reflects all Government Agency pooled investments and is in conformity with the Investment Policy of the City of Cypress. A copy of this Investment Policy is available at the Office of the Finance Director.

The Investment Program herein shown provides sufficient cash flow liquidity to meet six months estimated expenditures.

Signed: ________________________________
Finance Director
City of Cypress
Bank/Agent
9/30/2023 +RECEIPTS (DISBURSEMENTS) 10/31/2023 +RECEIPTS (DISBURSEMENTS) 11/30/2023

GENERAL
111/114 GENERAL FUND/GENERAL FUND-GRANTS $ 29,484,138 $ 2,782,747 $ (5,098,755) $ 27,168,130 $ 3,988,684 $ (3,311,714) $ 27,845,100

SPECIAL REVENUE
115 PANDEMIC RELIEF 6,276 - - 6,276 - - 6,276
212 CRPD-GENERAL FUND 14,550,506 439,806 (3,004,017) 11,986,295 1,372,841 (1,341,203) 12,017,933 213 CRPD-PARK DEVELOPMENT 4,157 21 - 4,178 23,421 - 27,599 221 TRAFFIC SAFETY 12,209 6,942 - 19,151 - - 19,151
230 STREETS 9,455,783 524,547 (421,730) 9,558,600 263,903 (37,777) 9,784,726 251 LIGHTING DISTRICT #2 5,690,474 53,551 (94,832) 5,649,193 303,308 (141,089) 5,811,412 261 STORM DRAIN 2,203,623 54,289 (180,506) 2,077,406 28,028 (15,107) 2,090,327 262 PLANNED LOCAL DRAINAGE FACILITY 1,075,757 8,896 - 1,084,653 - - 1,084,653 271 CORP CNTR MAINT DISTRICT #1 161,570 - (2,543) 159,027 - (4,546) 154,481 280 ASSET SEIZURE 1,329,232 25,278 (2,521) 1,351,989 - (7,718) 1,344,271 291 CABLE TV FRANCHISE AGREEMENT 778,395 1,147 - 779,542 16,032 - 795,574 301 SUPPLEMENTAL LAW ENFORCEMENT 59,956 40,074 (7,357) 92,673 - (8,030) 84,643 321 SEWER FUND 7,854,077 217,961 (37,398) 8,034,640 138,263 (48,236) 8,124,667 471 LOW AND MODERATE HSG ASSET 18,805 1,501 (2,887) 17,419 298 (1,036) 16,681

CAPITAL PROJECTS
415 CITY CAPITAL PROJECTS 16,166,765 108,049 (119,876) 16,154,938 - (60,490) 16,094,448 416 INFRASTRUCTURE RESERVE 72,372,790 709,511 - 73,082,301 36,102 (13,252) 73,105,151

TRUST AND AGENCY
600 TRUST AND AGENCY 1,447,793 39,307 (22,423) 1,464,677 97,875 (14,573) 1,547,979 611 BUSINESS ASSESSMENT DISTRICT 52 - (52) - - - -
612 CFD #1 ASSESSMENT DISTRICT 153,575 - - 153,575 - - 153,575 620 REC & COMM SERVICES FOUNDATION 31,938 1,398 (493) 32,843 - (93) 32,750

INTERNAL SERVICE
710 CENTRAL SERVICES 3,544,984 468,816 (211,704) 3,802,096 234,767 (203,679) 3,833,184 720 CAPITAL REPLACEMENT 15,607,616 125,240 (23,628) 15,709,228 65,059 (4,012) 15,770,275 730 TECHNOLOGY IMPROVEMENT 2,273,110 - - 2,273,110 - - 2,273,110 750 EMPLOYEE BENEFITS 2,187,591 1,620,792 (710,757) 3,097,626 1,232,193 (1,078,195) 3,251,624 760 LIABILITY SELF INSURANCE 1,862,544 102,252 - 1,964,796 51,126 - 2,015,922 770 WORKERS COMP SELF INSURANCE 3,331,777 60,286 (27,257) 3,364,806 59,478 (32,416) 3,391,868 OTHER
811/812 WESTCOMM JPA 4,385,902 913,924 (348,709) 4,951,117 79,553 (360,126) 4,670,544 $ 196,051,395 $ 8,306,335 $ (10,317,445) 194,040,285 $ 7,990,931 $ (6,683,292) 195,347,924 City of Cypress
Changes in Cash/Investments
City of Cypress

INVESTMENTS AT MARKET VALUE BY MATURITY DATE
As of November 30, 2023
1 day 181 days 1 year 2 years 3 years 4 years
to to to to to to
Investments 180 days 1 year 2 years 3 years 4 years 5 years 5+ years Totals Percent CASH $ - 1,169,065 $ - $ - $ - $ - $ - $ 1,169,065 $ 0.60%FFCB 14,942,900 - 6,758,690 16,960,080 - 9,942,250 - 48,603,920 24.88%FHLB - 17,443,135 7,830,380 9,803,019 4,993,300 - - 40,069,834 20.51% FREDDIE MAC - - 37,243,728 9,965,600 5,001,750 - - 52,211,078 26.73%STATE POOL 49,315,387 - - - - - - 49,315,387 25.24% TSY - 3,978,640 - - - - - 3,978,640 2.04%
Totals $ 14,942,900 71,906,227 $ 51,832,798 $ 36,728,699 $ 9,995,050 $ 9,942,250 $ - $ 195,347,924 $ 100.00% Percent 36.81% 7.65% 26.53% 18.80% 5.12% 5.09% 0.00% 100.00% Note
Issue Maturity Interest Authorized Principal
Note No. To From Date Date Rate Amount Outstanding *
2 CRPD City 02/08/21 06/30/25 LAIF 12,800,000 $ 4,264,207 $ 3 CRPD City 02/13/23 06/30/25 LAIF 1,275,000 $ 862,197 $ Total Interfund Investments $ 5,126,404
* Unaudited; amounts subject to change as part of finalizing the recording of actual FY 2022-23 transactions.up to $12.8 million for the construction of Lexington Park. Repayment by the Cypress Recreation and Park District will be madefrom future park development fees. Construction is complete, with advances totaling $12,293,975. Repayments to date total $8,029,768.The City Infrastructure Reserve Fund issued a promissory note to the Cypress Recreation and Park District General Fund to pay up to $1.275 million for design costs associated with the rehabilitation of Arnold Cypress Park. Repayment by the Cypress Recreation and Park District will be made from additional Property Tax revenues resulting from the dissolution of the Successor Agency to the former Redevelopment Agency. Advances to date total $819,434.

CITY OF CYPRESS

INTERFUND INVESTMENTS
As of November 30, 2023
Note Outstanding
The City Infrastructure Reserve Fund issued a promissory note to the Cypress Recreation and Park District General Fund to pay Fund Type Issuer
Maturity
Date
One Year
Return * Cost Amount
Current Market
Value
PARS Public Agencies Post-Employment Benefits TrustTrustee: Public Agency Retirement Services (PARS)Section 115 Trust Pension Trust Various Open 4.13% 20,540,000.00 $ 23,106,471.00 $ Total 20,540,000.00 $ 23,106,471.00 $
* 12-month period ending with the current month.

City of Cypress
Summary of Cash and Investments Held In Trust
As of November 30, 2023
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 14.

FROM: Alisha Farnell, City Clerk
DATE: 01/08/2024
SUBJECT: Approve City Council Appointments to Organizations and Committees

RECOMMENDATION
Approve appointments to organizations and committees.

DISCUSSION
The City Council annually reviews its appointments to organizations and committees. This process is accomplished with the Mayor making recommendations to the City Council for consideration. The Mayor's recommended appointments are attached (committees that require the Mayor to be the delegate are highlighted).

While appointees serve as the City's official representative on the organization boards and committees, any Council Member may attend conferences, seminars, or events held by the organizations (e.g. Cal Cities annual conference, Southern California Association of Governments regional conference).

The City Council's Civility, Conduct, Ethics and Governance Policy establishes the expectation that Council Members attend and actively participate in all meetings of organization boards and committees to which they are appointed. If a Council Member cannot attend a meeting, they shall immediately notify the alternate representative (if any), Mayor and City Manager. Council Members are also expected to report on meaningful happenings within the organizations and commissions on which they serve during the Council Member Reports from City-Affiliated Boards and Committees and Remarks portion of City Council meetings.

Orange County Public Library Advisory Board requires that the City's representative serve a two-year term. Council Member Burke is completing the first year of his term and no appointment is required.

Orange County Mosquito and Vector Control District requires that the City's representative serve a two-year term. Mayor Pro Tem Peat completed a partial-term appointment that concluded January 1, 2024 and a new appointment is required.

Orange County Fire Authority (OCFA) has formally requested (attached letter from Board Chair Rossini) as part of ongoing efforts to foster effective governance of the OCFA, it "... would like to retain continuity of the current Director serving on the Board and ... minimize voluntary changes made to our Board appointees such as those that can occur in January when our cities and the County reorganize the leadership of their governing bodies." Should the City Council elect to change the City's representative to the OCFA Board of Directors, the OCFA joint powers agreement requires the City Council to adopt a Resolution (attached).

The Fair Political Practices Commission (FPPC) allows officials who receive additional compensation to appoint themselves as long as the appointing agency posts FPPC Form 806 - Agency Report of Public Official Appointments on its website prior to any vote being taken. An updated Form 806 was posted on the website on January 10, 2023. Service with Orange County Fire Authority ($100 per meeting), Orange County Sanitation District ($212.50 per meeting), and Orange County Mosquito and Vector Control District ($100 per meeting) provides compensation.

The City Council created an ad hoc subcommittee related to the California Voting Rights Act lawsuit (this subcommittee does not appear on the attached list). The subcommittee consists of the Mayor and Mayor Pro Tem and its representatives changed with the election of new Council Members in 2022. Because the subcommittee is actively engaged with the City Attorney on the lawsuit, the Brown Act prohibits replacing Council Member Mallari with Mayor Pro Tem Peat. Until the CVRA lawsuit is resolved and/or the subcommittee disbanded, Mayor Minikus and Council Member Mallari must remain the City Council representatives.

BUDGET IMPACT
None.

LEGAL REVIEW
None required.

APPROVED BY:  Peter Grant, City Manager
Attachments
Mayor's Recommended Appointments
Summary of Committees
Form 806
OCFA Board Continuity Letter
OCFA Appointment Resolution
1 CITY OF CYPRESS
MAYOR’S COMMITTEE APPOINTMENT

RECOMMENDATIONS
2024
COMPENSATED:

Orange County Fire Authority Anne Mallari – Representative (No Alternate)
Orange County Mosquito & Vector Control Bonnie Peat - Representative District (2-year Term ending Jan. 2026) (No Alternate)
Orange County Sanitation District Scott Minikus – Representative Bonnie Peat – Alternate
NON-COMPENSATED:

Bridges at Kraemer Place Community David Burke – Representative Advisory Board (No Alternate)
City/Anaheim Union High School Anne Mallari
District Ad Hoc Subcommittee Scott Minikus
City/Cypress College Ad Hoc Committee Anne Mallari
Bonnie Peat
City/Cypress School District Ad Hoc David Burke
Subcommittee Anne Mallari
Economic Development Ad Hoc Anne Mallari
Subcommittee Bonnie Peat
Joint Forces Training Base Regional Scott Minikus – Representative Military Affairs Committee Bonnie Peat – Alternate
League of California Cities Scott Minikus – Representative General Assembly Bonnie Peat – Alternate
2 League of California Cities Scott Minikus – Representative Orange County Division Bonnie Peat – Alternate
Orange County City Selection Committee Scott Minikus – Representative Bonnie Peat – Alternate
Orange County Council of Governments Anne Hertz-Mallari – Representative General Assembly Scott Minikus – Alternate
Orange County Library Advisory Board David Burke – Representative (2-year Term ending Jan. 2025) Bonnie Peat – Alternate
Santa Ana River Flood Protection Frances Marquez – Representative Agency David Burke – Alternate
Southern California Association of Scott Minikus – Representative Governments - General Assembly David Burke – Alternate
Veteran Recognition Ad Hoc Subcommittee Scott Minikus
Bonnie Peat
West Cities Police Communications Center Scott Minikus – Representative Anne Hertz-Mallari – Alternate

CITY COUNCIL COMMITTEE APPOINTMENTS
Each year following its reorganization, the City Council makes appointments to organizations and committees. The Mayor recommends appointments and the City Council confirms the appointments by a motion, second, and vote. A description of the organizations and committee appointments is provided below. Please note some committees require the Mayor to serve as delegate or require a two-year term.
• Orange County Fire Authority (OCFA) – Representative
Meets 4th Thursday of every other month at 6:00 p.m.; compensated $100 per meeting.

Orange County Fire Authority is a regional fire service agency that serves 23 cities in Orange County, including Cypress, and all unincorporated areas. Representative serves on the Board of Directors. The City Council adopts a Resolution when appointing or changing its representative to the Orange County Fire Authority. • Orange County Sanitation District (OC San) – Representative and Alternate Meets 4th Wednesday of month at 6:00 p.m.; compensated $212.50 per meeting.

Orange County Sanitation District provides wastewater collection, treatment, and disposal services for approximately 2.6 million people in central and northwest Orange County. Representative serves on the Board of Directors. • Orange County Mosquito and Vector Control District – Representative Meets 3rd Thursday of the month at 3:00 p.m.; compensated $100 per meeting.

Orange County Mosquito and Vector Control District protects public health by controlling rats, flies, mosquitoes, Red Imported Fire Ants and other vector related problems.

Representative is appointed to a two-year term and serves on the Board of Trustees. • West Cities Police Communications Center (West-Comm) – Representative Meets 3
rd Tuesday in May and November at 4:30 p.m. or as needed; non-compensated.

West Cities Police Communications Center is a Joint Powers Agency between the cities of Cypress, Los Alamitos, and Seal Beach. West-Comm provides dispatch services to the three cities, as well as contract service to the Orange County Park Rangers.

Representative serves on the Board of Directors.
• League of California Cities (Cal Cities) – Representative and Alternate Meets annually or as needed; non-compensated.

League of California Cities is an association of California city officials who work together to enhance their knowledge and skills, exchange information, and combine resources so that they may influence policy decisions that affect cities. Representative serves as the General Assembly Voting Delegate at the Annual Conference and as the delegate for Orange County Division events as needed. The Mayor is designated as the City’s representative and Mayor Pro Tem traditionally serves as the alternate. • Orange County City Selection Committee – Representative and Alternate Meets biannually or as needed; non-compensated.

Orange County City Selection Committee is responsible for appointing city representatives to boards, committees, commissions, and agencies as required by State and County law. The Mayor is designated as the City’s representative and Mayor Pro Tem traditionally serves as the alternate.
• Orange County Council of Governments (OCCOG) – Representative and Alternate Meets annually or as needed; non-compensated.

Orange County Council of Governments serves as Orange County’s sub-regional planning organization. In partnership with the Southern California Association of Governments (SCAG), OCCOG leads the development of Orange County’s required regional planning documents enabling the County to compete for State and Federal funding. Representative serves as General Assembly delegate. • Orange County Library Advisory Board – Representative and Alternate Meets three times annually or as needed; non-compensated.

Library Advisory Board (LAB) acts in an advisory capacity, reviewing the OC Public Libraries’ budget, operations and policy decisions and makes recommendations to the OC Board of Supervisors. Representative serves a two-year term. • Santa Ana River Flood Protection Agency – Representative and Alternate Meets 4
th Thursday of odd-numbered months at 4:00 p.m.; non-compensated.

Santa Ana River Flood Protection Agency (SARFPA) is a Joint Powers Agency formed to support authorization and appropriations for the Santa Ana River Mainstream Project and related projects. The agency provides its members with information on the progress of the Santa Ana River and related projects and supports regional flood control improvements to remove current floodplains within its members’ boundaries. • Southern California Association of Governments (SCAG) – Representative and Alternate
Meets annually; non-compensated.

SCAG is the nation’s largest metropolitan planning organization, representing six counties, 191 cities and more than 19 million residents. SCAG undertakes a variety of planning and policy initiatives to encourage a more sustainable Southern California.

Representative serves as General Assembly delegate.
• Bridges at Kraemer Place Community Advisory Board – Representative Meets quarterly; non-compensated.

Bridges at Kraemer Place is an emergency shelter in Anaheim and operated by Mercy House through a contract with the County of Orange. The Community Advisory Board (CAB) acts as an advisory body to the shelter operator, reviews the operations of the Bridges at Kraemer Place Year Round Emergency Shelter Program and Multi-Service Center and provides report to the OC Board of Supervisors annually, and enhances community relations.
• Joint Forces Training Base Regional Military Affairs Committee – Representative and Alternate
Meets as needed.

Committee members consist of the cities, business representatives and community members. Committee meets as needed to discuss issues of mutual concern related to the Joint Forces Training Base.

• Economic Development Ad Hoc Subcommittee
Meets as needed.

Subcommittee members advise on economic development programs and initiatives, as well as engage and outreach to the Cypress business community as needed. Two Council Members appointed each year. Continuity of service is key to this subcommittee’s support of the City’s economic development efforts and the City Council is encouraged to maintain its composition.
• City/Anaheim Union High School District Ad Hoc Subcommittee Meets as needed.

Subcommittee members meet as needed with representatives from Anaheim Union High School District to discuss issues of mutual concern. Two Council Members appointed each year.
• City/Cypress College Ad Hoc Subcommittee
Meets as needed.

Subcommittee members meet as needed with representatives from Cypress College to discuss issues of mutual concern. Two Council Members appointed each year. • City/Cypress School District Ad Hoc Subcommittee
Meets as needed.

Subcommittee members meet as needed with representatives from Cypress School District to discuss issues of mutual concern. Two Council Members appointed each year. • Veteran Recognition Subcommittee
Meets as needed.

Subcommittee members meet as needed to review applications submitted as part of the Veteran Recognition program and determine recognition recipients. Two Council Members appointed each year.

O R A N G E C O U N T Y F I R E A U T H O R I T Y
P.O. Box 57115, Irvine, CA 92619-7115  1 Fire Authority Road, Irvine, CA 92602 Brian Fennessy, Fire Chief (714) 573-6000 www.ocfa.org
Serving the Cities of: Aliso Viejo • Buena Park • Cypress • Dana Point • Garden Grove • Irvine • Laguna Hills • Laguna Niguel • Laguna Woods • Lake Forest • La Palma • Los Alamitos • Mission Viejo • Rancho Santa Margarita • San Clemente • San Juan Capistrano • Santa Ana • Seal Beach • Stanton Tustin • Villa Park • Westminster • Yorba Linda • and Unincorporated Areas of Orange County

RESIDENTIAL SPRINKLERS AND SMOKE ALARMS SAVE LIVES
December 27, 2023
Mr. Peter Grant, City Manager
City of Cypress
5275 Orange Avenue
Cypress, CA 90630
Re: Continuity of Appointee to the OCFA Board of Directors Dear Mr. Grant:

As Chair of the Orange County Fire Authority (OCFA) Board of Directors, I am writing to request your assistance in the coming months when OCFA’s member agencies make annual appointments of representatives to the Authority’s Board.

Presently, each Director serves on the OCFA Board until the selection of a successor by the appointing body. As part of our ongoing efforts to foster effective governance of the OCFA, we would like to retain continuity of the current Director serving on the Board and minimize turnover to the extent possible. With an operating budget approaching half a billion dollars, over 1,500 employees, four labor associations, and the operation of 78 fire stations, the issues we face are myriad and complex.

The learning curve is steep to become familiar with the organizational structure, its operations and finances, and the types of policies and issues that come before the Board.

We recognize that turnover is unavoidable when Board appointees are termed-out or when they change as a result of election outcomes. However, as Chair, I’m seeking support from our member agencies to minimize voluntary changes made to our Board appointees such as those that can occur in January when our cities and the County reorganize the leadership of their governing bodies and make a variety of committee appointments.

We would appreciate your assistance in discussing and sharing this with the members of your City Council. If you have any questions, please contact me at (714) 998-1500 or Chief Fennessy at (714) 573-6010.

Sincerely,
Vince Rossini
Chair, OCFA Board of Directors
cc: Anne Hertz-Mallari, OCFA Board of Directors
Brian Fennessy, Fire Chief
RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,

AND ACTING AS EX-OFFICIO GOVERNING BOARD OF DIRECTORS

OF THE CYPRESS RECREATION AND PARK DISTRICT,

DESIGNATING AND APPOINTING ITS REPRESENTATIVE TO THE
ORANGE COUNTY FIRE AUTHORITY’S BOARD OF DIRECTORS
WHEREAS, the City, as a “member” of the Orange County Fire Authority Joint Powers Authority (JPA) is entitled to appoint a representative director (“Director”) to the Orange County Fire Authority’s Board of Directors, and
WHEREAS, each member agency, by resolution of its governing body, shall designate and appoint one representative to act as its Director on the Authority Board of Directors, except the County whose Board of Supervisors shall appoint two representatives to act as its Directors, and
WHEREAS, each Director shall be a current elected member of the governing body, and
WHEREAS, each Director shall hold office until the selection of a successor by the appointing body, and
WHEREAS, each Director is to serve at the pleasure of his or her appointing body and may be removed at any time, with or without cause, at the sole discretion of that appointing body, and
WHEREAS, any vacancy shall be filled in the same manner as the original appointment of a Director.

NOW, THEREFORE the City Council of the City of Cypress does hereby resolve as follows:

SECTION 1. The City Council hereby designates and appoints __________ as a Director to the Orange County Fire Authority Board of Directors.

SECTION 2. The City Council hereby directs the City Clerk to transmit a copy of executed resolution to the Clerk of the Authority of the Orange County Fire Authority prior to their next regularly scheduled board meeting.

SECTION 3. This Resolution shall take effect immediately upon its adoption by the City Council and the City Clerk shall attest to and certify the vote adopting this Resolution.

PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the ___ day of _______, 20__.

MAYOR OF THE CITY OF CYPRESS
ATTEST:

CITY CLERK OFTHE CITY OF CYPRESS
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
I, ALISHA FARNELL, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the said City Council held on the ___ day of __________, 20__, by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

CITY CLERK OF THE CITY OF CYPRESS
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 15.

FROM: Fred Galante, City Attorney
DATE: 01/08/2024
SUBJECT: Approve an Agreement to Settle the Lawsuit Challenging the City's At-Large Method of Electing Council Members

RECOMMENDATION
Approve an agreement with Malini Nagpal, Kathryn Shapiro, and Southwest Voter Registration Education Project to resolve the California Voting Rights Act action by requesting the Court to enter a judgment requiring the City, pursuant to procedures set forth in Elections Code § 10010, to change from an at-large system of electing five Council Members to a system of by-district elections for five Council Members as described in subsection (a) of Exhibit 1 of the agreement beginning with the November 2024 City Council election.

SUMMARY
The agreement resolves a claim, which the City disputes, that Cypress’ at-large election system is prohibited under the California Voting Rights Act by requiring the City to transition to by-district elections beginning with the November 2024 City Council election. If the City approves the agreement, public hearings will be scheduled over the next three months to develop and approve an electoral map.

DISCUSSION
In September 2021, Cypress residents Malini Nagpal and Kathryn Shapiro, represented by Southwest Voter Registration Education Project (SVREP), a Texas-based Latino voter registration non-profit, asserted that the City’s at-large election system is prohibited under the California Voting Rights Act (CVRA). Adopted in 2001, CVRA has been employed across California to force cities and other small local governments to adopt by-district elections.

While the City disputes the plaintiffs’ claim, it conducted outreach to understand the community’s opinion of Cypress’ system for electing Council Members. Through public forums and a survey, residents made it clear they preferred an at-large election system that ensures their right to vote for all five Council Members.

In July 2022, the plaintiffs sued the City to force it to switch to by-district elections, which would mean that residents elect one Council Member every four years from the district in which they reside, instead of selecting all five Council Members as they have throughout the City’s history.

Honoring residents’ input from community outreach it conducted, the City has defended Cypress’ at-large election system while acknowledging that no city has ever prevailed against a CVRA lawsuit.

In September 2023, the California Supreme Court reversed the only successful defense of a CVRA claim by a local government when it ruled against the City of Santa Monica in a lawsuit by Pico Neighborhood Association and Maria Loya.

The Santa Monica ruling significantly reduced the likelihood that Cypress’ at-large election could be found to comply with CVRA. As a result, the City participated in advisory mediation to reassess its ability to defend the lawsuit to force Cypress into by-district elections. The mediation was conducted with the assistance of a retired judge with extensive CVRA experience.

While the City remains confident that Cypress’ at-large election system effectively represents the entire community, it is also clear that there have been consequential changes to circumstances surrounding the lawsuit since the City began defending against it. This includes taking into account the opinions of an experienced mediator and reviewing data regarding the 2022 City Council election (an election that occurred more than a year after plaintiffs made their claim against the City).

Summary of Agreement
The recommended agreement requires the City to transition to by-district elections beginning with the November 2024 City Council election. The agreement gives the City the ability to work with the community to establish the boundaries of the five districts, rather than have a court dictate the districts.

The City will use a public hearing process (in accordance with Elections Code § 10010) to adopt five electoral districts. The public hearing process will include the opportunity for residents to generate maps for consideration. The public hearing process schedule is a separate item on the January 8, 2024 agenda.

The City must select an electoral map no later than February 26, 2024, and identify the two districts that will elect Council Members in November 2024. The other three districts will elect Council Members in November 2026. This approach preserves the City’s current Council Member election sequence and respects the terms voters elected Council Members to serve in the November 2020 and November 2022 elections.

The district with the highest percentage of Asian American voters, measured by citizen voting age population estimates, must be one of the two districts to elect its Council Member in November 2024.

The district map and election sequence adopted following the public hearing process will govern elections between 2024 and 2030. As is standard practice in cities that elect Council Members by-district, the City will update the electoral map in conformance with state and Members by-district, the City will update the electoral map in conformance with state and federal law following the release of data from the 2030 decennial census.

The agreement requires the plaintiffs to participate in the 2024-2030 electoral map public hearing and election sequence selection process by submitting electoral maps that are acceptable to them and/or specifying which electoral maps submitted by the City or third parties are acceptable to them.

If the plaintiffs do not accept the City’s electoral map and election sequence, they may require the City to meet and confer. If the plaintiffs and City agree upon an electoral map or election sequence through the meet and confer process, the City will adopt the electoral map and election sequence no later than March 11, 2024. If the plaintiffs and City are unable to agree on an electoral map or election sequence by March 4, 2024, the lawsuit will proceed to trial. It bears repeating that no city has successfully challenged a CVRA lawsuit like the one Cypress is facing, and that the recent Santa Monica ruling weakened the City’s position in the litigation.

The agreement also provides the City with unique, and important, protections against uncontested elections. For example, if the pattern of uncontested elections recently documented throughout Orange County emerges in Cypress, the City has the option to switch to a ranked choice or cumulative voting election system if three of the seven contests to elect Council Members through 2028 are uncontested, or if five of the 10 contests through 2030 are uncontested. Similarly, if California law is changed to permit alternative at-large election systems under the CVRA, the City may seek to change away from the by-district election system.

The agreement does not change Council Members’ term limits or any other provisions of the City Charter.

The agreement provides the plaintiffs reasonable attorneys’ fees, costs and expenses. If an agreement on attorneys’ fees cannot be reached, it will be submitted to arbitration.

Alternatives
The City Council may also:

1. Direct the City Attorney to continue to negotiate the agreement. However, it is unlikely the plaintiffs will agree to material changes to the recommended agreement. In particular, the plaintiffs rejected alternatives to by-district elections (including ranked choice, cumulative voting, or a method that elects Council Members by-district from a vote by the population as a whole) and that ranked choice and cumulative voting are not currently permitted by the County Registrar of Voters.

2. Not approve the recommended agreement. This alternative will likely result in the plaintiffs proceeding to trial.

3. Provide other direction.

BUDGET IMPACT
The City is responsible for its legal defense costs and the agreement provides the plaintiffs The City is responsible for its legal defense costs and the agreement provides the plaintiffs reasonable attorneys’ fees, costs and expenses. While these costs are to be determined, the City's General Fund has sufficient unreserved cash balances available to pay for them.

The estimated cost to transition to by-district elections is $100,000. This includes $50,000 for a demographics consultant to support the electrical map development process; $30,000 for legal and additional election costs; and $20,000 for communications and community engagement.

LEGAL REVIEW
The City Attorney, assisted by special counsel, participated in drafting and negotiating the recommended agreement.

APPROVED BY:  Peter Grant, City Manager
Attachments
Agreement
1 SETTLEMENT AGREEMENT AND GENERAL RELEASE OF CLAIMS
The parties to this SETTLEMENT AGREEMENT AND GENERAL RELEASE OF CLAIMS (“Agreement”) are Southwest Voter Registration Education Project, Kathryn Shapiro, and Malini Nagpal (referred to as “Plaintiffs” herein), and the City of Cypress, a California charter city (referred to as “City” or “Defendant” herein). These persons or entities are sometimes referred to as “Parties” or “each Party” herein. This Agreement is effective as of the date it is signed by the last Party to sign this Agreement.

RECITALS
A. On or about July 20, 2022, Plaintiffs filed a complaint for a violation of the California Voting Rights Act of 2001 (“CVRA”) against the City in Orange County Superior Court, thereby instituting the action entitled Southwest Voter Registration Education Project, et.

Al. u. City of Cypress, California, Case No. 30-2022-01270865-CU-CR-CJC (the “CVRA Action”).

B. The City answered the complaint on or about September 22, 2022, denying the allegations in the complaint and asserting affirmative defenses.

C. The Parties desire to settle the CVRA Action and to fully and finally settle any and all disputed matters between them arising out of, or relating to, the CVRA Action, or any claims that could have been raised in connection with the CVRA Action or the City’s system of at-large elections for members of its City Council occurring prior to the date of this Agreement, without any further court proceedings, trial, appeal or adjudication of any issue of fact or law, except as provided herein, and without any admission with respect to such matters. Past, present, or future members of the City Council who were or will be elected or appointed to their positions are referred to as “Council Members.”
D. The purpose of this Agreement is to settle the CVRA Action by the Parties jointly requesting the Court to enter a judgment pursuant to its authority under the Code of Civil Procedure § 664.5 and the CVRA, requiring the City, pursuant to procedures set forth in Elections Code§ 10010 to change from an at-large system of election of five (5) Council Members to a system of by-district elections for five (5) Council Members as described in subsection (a) of Exhibit 1, hereto, in time to be implemented for the November 2024 City Council elections, as provided in Exhibit 1.

TERMS AND CONDITIONS
NOW, THEREFORE, in light of the foregoing recitals, and in consideration of the representations, warranties, releases, and promises contained herein, the Parties agree to the following terms and conditions:

1. Stipulation for Entry of Judgment.

1.1. Immediately upon full execution of this Agreement, and satisfaction of the terms set forth in paragraph 1.2, whichever comes last, the Parties shall execute and jointly file with the Court the Stipulation for Entry of Judgment attached hereto as Exhibit 1 (“Stipulation”). 2 The Parties further agree to jointly request that the Court enter judgment consistent with the Stipulation. The Stipulation for Entry of Judgment, including the proposed judgment thereon, and faithful performance of the terms of that judgment, are integral to this Agreement, and shall, in all respects, be construed as being part of this Agreement. If the Court refuses to enter judgment as requested by the Parties consistent with the Stipulation, this Agreement is null and void.

1.2. The final judgment shall include a copy of the judicially approved electoral district map developed through use of the procedures and meeting the criteria specified below.

One of the districts will consist largely of a significant portion of the area between Orange Avenue and Ball Road that lies within the City (the “Central District”), the precise boundaries of which are subject to the procedures set forth below in this paragraph, including the procedures by which Plaintiffs can identify maps that are acceptable to them and the procedures through which the Parties will attempt to reach agreement regarding the electoral district map. The City shall conduct a public process in accordance with Elections Code § 10010, to consider the adoption of district boundaries for the five districts as contemplated in Paragraph (a)(1) of the Stipulation. To facilitate resolution, Plaintiffs and/or their authorized representatives shall participate in the public process as early as is practicable, either by (1) submitting one or more maps that are acceptable to them for consideration by the City Council or (2) specifying which of the maps submitted by the City’s consultants or third parties are acceptable to them, or (3) both. The City shall schedule the public hearings required under Elections Code § 10010 so that the hearing to select a five-district map is scheduled no later than February 26, 2024 (though a second reading of an ordinance adopting the electoral map may occur at a later date). No later than February 26, 2024, the City shall also identify two of the five districts that will hold elections for Council Members in November 2024 and the other three districts that will hold elections for Council Members in 2026. The district with the highest percentage of Asian American voters, as measured by citizen voting age population estimates, shall be one of the two districts selected to have its election in 2024. If the City Council adopts a map and election sequence that Plaintiffs have identified as acceptable to them, that electoral district map shall be included in the Stipulated Judgment proposed to the Court, and the Parties shall jointly request the Court to enter that final judgment in the CVRA Action. If the City Council does not choose a map that the Plaintiffs have identified as acceptable to them, within five (5) days of the City Council’s first reading of the ordinance including the City’s proposed electoral district map, Plaintiffs and representatives of the City shall meet and confer concerning the electoral district map. If the Parties agree upon an electoral district map, the City Council may schedule one or more additional public hearings and meetings to finalize the ordinance approving the electoral district map, in accordance with Elections Code § 10010 and this paragraph, provided that the ordinance approving the electoral district map is formally adopted no later than March 11, 2024. If following the meet and confer process, the Parties are unable to agree on an electoral district map by March 4, 2024 (such that an ordinance can be formally adopted at the March 11, 2024 City Council meeting), the Parties will jointly request that the stay (contemplated below in paragraph 3) be lifted immediately and the case proceed to trial at the earliest possible date.

1.3. If Plaintiffs agree to the district map and election sequence selected by the City, as set forth in Paragraph 1.2 above, it shall be included in the final judgment and that map shall govern the elections between 2024 and 2030, provided, however, that the final judgment will provide the City the option to switch to a system of ranked choice or cumulative voting if, during 3 the relevant period, a specified number of the contests to elect Council Members to represent the individual districts defined under the district map are uncontested, as defined in this subparagraph. The City will have the option to switch to a ranked choice or cumulative voting electoral system if three (3) of the seven (7) contests to elect Council Members to represent the individual districts held through 2028 are uncontested, or five (5) of the ten (10) contests to elect Council Members to represent the individual districts held through 2030 are uncontested.

Following the release of data from the 2030 decennial census by the U.S. Census Department, the City shall draw a five-district electoral map in conformity with all then-applicable state and federal law, including (currently) sections 10010 and 21110 et seq. of the Elections Code.

Notwithstanding adherence to all federal and state law, any redrawing of the Central District shall be done so as to further the purposes of the California Voting Rights Act (Elections Code §§ 14025 et seq.) and achieve population equality consistent with the “one-person-one-vote” rule. The City will have the option to switch to a ranked choice or cumulative voting electoral system if five (5) of the twelve (12) contests to elect Council Members to represent the individual districts held through 2032 are uncontested. An election for City Council shall be deemed to be “uncontested” for purposes of this subparagraph if no candidates run for the City Council seat in a district or if the only candidate for the City Council seat in a district is a single incumbent Council Member.

2. Parties’ Attorneys’ Fees and Litigation Expenses. Upon entry of the stipulated judgment attached hereto as Exhibit 1, Plaintiffs shall be treated as prevailing parties, entitled to recover their reasonable attorneys’ fees, costs, and expenses, pursuant to Elections Code section 14030. The City will pay Plaintiffs, in an amount to be negotiated by the Parties, their reasonable attorneys’ fees consistent with the standards established in Serrano v. Priest (1977) 20 Cal.3d 25, 48-49, and litigation expenses consistent with Elections Code section 14030, including, but not limited to, expert witness fees and expenses as part of the costs. The Parties shall negotiate in good faith to reach agreement on the amount of attorneys’ fees and costs to be awarded to the attorneys for Plaintiffs. If the Parties are unable to reach an agreement on the amount of attorneys’ fees and costs to be awarded to the attorneys for Plaintiffs, then the Parties will submit the issue of the amount of attorneys’ fees, costs and expenses to an arbitrator selected by agreement of the Parties. To facilitate agreement to an arbitrator for this purpose, Plaintiffs (collectively) and Defendant shall each provide the names of at least two potential arbitrators with experience adjudicating and/or mediating voting rights cases who are acceptable to that Party. An arbitrator acceptable to all Parties shall be chosen within 30 days of the Parties submitting their respective names of acceptable and available arbitrators. If the Parties are unable to agree on an arbitrator, Plaintiffs may move for attorneys’ fees and costs, including the attorneys’ fees and costs associated with bringing such a motion for fees and costs, in the Court where the CVRA Action was pending. Plaintiffs shall have 60 days to bring such a motion after the date either Party indicates the Parties have reached an impasse on both the amount of attorneys’ fees and costs and the identification of a mutually acceptable arbitrator. Nothing in this paragraph shall be construed as prohibiting the Parties from agreeing to mediation in an effort to reach an agreement regarding the amount of attorneys’ fees and costs to be awarded to the attorneys for Plaintiffs. Other than as provided herein, the parties shall each bear their own costs and expenses, attorney fees, and interest arising out of or relating to this CVRA Action.

3. Litigation Standstill. Upon full execution of this Agreement, all litigation activities relating to the CVRA Action, other than those necessary to effectuate this Agreement, 4 will be suspended and court calendar dates removed, including all pending discovery. The parties agree to jointly seek a stay of further proceedings until March 4, 2024, to permit the conditions contained in paragraph 1.2 to be conducted without the need for litigation proceedings in the meantime. It is the intention of the Parties that by March 4, 2024, the Parties will be in a position to know if the City has been able to adopt a map that is acceptable to Plaintiffs, and, if so, that the Parties will be able to submit the Stipulation for Entry of Judgment referenced in paragraph

1.1. In the event the City does not continue to develop and adopt a district map under the procedures and schedule as contemplated by this Agreement, Plaintiffs may seek to lift any stay entered by the Court or seek other appropriate relief, including preliminary relief to impact the November 2024 election.

4. No New Lawsuits or Legal Actions. Upon entry of the stipulated judgment attached hereto as Exhibit 1, Plaintiffs shall not file or assist in any way (for example, and without limitation by soliciting new potential plaintiffs, referring new potential plaintiffs to Plaintiffs’ counsel herein, or providing pleadings, briefs, reports, discovery, investigations, or any other document or matter prepared in connection with, or anticipation of the CVRA Action) any other person or entity to investigate, analyze, prepare for, or file another lawsuit against the City, alleging a violation of the California Voting Rights Act, Section 2 of the federal Voting Rights Act, or a voting rights violation under the Constitutions of the State of California or of the United States of America based on the facts alleged (or which could have been alleged) in the CVRA Action.

5. Release of Claims.

5.1 Release by Plaintiffs. In return for the promises and other consideration provided in this Agreement, Plaintiffs, for themselves and their past, present, or future heirs, beneficiaries, executors, administrators, officers, employees, directors, agents, attorneys, contributors, successors, and assigns (“Plaintiff Releasers”), do, upon entry of Judgment by the Court in substantially the form of the stipulated judgment attached hereto as Exhibit 1, fully release, acquit, waive, and forever discharge the City, including its current, past, and future Council Members, Mayors, administration, employees, consultants, contractors, agents, attorneys, successors, and assigns (“Defendant Releasees”), from any and all claims, actions, causes of action, factual allegations, demands (including, without limitation, demands for equitable and injunctive relief), debts, damages, costs, expenses, including expert fees, losses, or attorneys’ fees of whatever nature, involving the City’s electoral system, or elections held thereunder, whether or not known, suspected or claimed, arising out of, based on, or in any way related to (i) the facts alleged (or facts that could have been alleged) in the complaint filed in the CVRA Action, or (ii) the “at-large” electoral system of Defendant City, including, but not limited to, Claims based upon the Constitution of the United States of America, the Constitution of the State of California, the CVRA, including a claim that the electoral system provided for in paragraph (a) of Exhibit 1 hereto is in violation of the CVRA, Section 2 of the federal Voting Rights Act, California Government Code § 34870 et seq., California Government Code § 34900 et seq., (“Claims”), which Claims the Plaintiff Releasors have or may have against the Defendant Releasees, except for rights to enforce this Agreement and the Judgment. In this Paragraph, the conjunctive includes the disjunctive.
5 5.2 Release by City. In return for the promises and other consideration provided in this Agreement, and except as provided in paragraph 2, above, the City, for itself and its current, past, and future Council Members, Mayors, administration, employees, consultants, contractors, agents, attorneys, successors, and assigns (“Defendant Releasors”) does, upon entry of Judgment by the Court in substantially the form of the stipulated judgment attached hereto as Exhibit 1, fully release, acquit, waive, and forever discharge Plaintiffs, including their heirs, beneficiaries, executors, administrators, officers, employees, directors, agents, partners, members, contributors, successors, and assigns (“Plaintiff Releasees”), from any and all claims, actions, causes of action, factual allegations, demands (including without limitation demands for equitable and injunctive relief), debts, damages, costs, expenses, including expert fees, losses, or attorneys’ fees of whatever nature, related to Plaintiffs’ CVRA Action, whether or not known, suspected or claimed, arising out of, based on, or in any way related to the facts alleged (or facts that could have been alleged) in the complaint filed in the CVRA Action, which Claims the Defendant Releasors have or may have against the Plaintiff Releasees, except for rights to enforce this Agreement and the Judgment. In this Paragraph, the conjunctive includes the disjunctive.

6. Express Waiver of All Claims Under California Civil Code Section 1542. It is further understood and agreed that this Agreement extends to all of the above-described Claims and potential Claims, and that all rights under California Civil Code § 1542 are hereby expressly waived by the Parties for themselves and the other Releasors with respect to all such Claims.

Section 1542 provides as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS

THAT THE CREDITOR OR RELEASING PARTY DOES NOT

KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT

THE TIME OF EXECUTING THE RELEASE AND THAT, IF

KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY

AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR
OR RELEASED PARTY.

Notwithstanding these provisions of Section 1542, Plaintiffs and Defendant expressly acknowledge that this Agreement is intended to include in its effect, without limitation, all Claims described in Paragraph 5.1 and 5.2, which they do not know or suspect to exist in their favor at the time of execution hereof and that the settlement reflected in this Agreement contemplates the extinguishment of all such Claims, except for rights to enforce this Agreement.

7. Non-Admission of Liability. This Agreement, including the Stipulation for Entry of Judgment and the [Proposed] Judgment, pertains to disputed Claims under statutes, and is not intended to be, and shall not be construed as an admission by any of the Parties of any violation of any statute or law or constitution, or any other improper or wrongful conduct.

8. Admissibility of this Agreement. This Agreement constitutes a compromise of disputed claims and shall not be treated as an admission of liability by any of the Parties or any of the Releasees at any time or for any reason. This Agreement shall not be admissible in any legal or administrative proceeding between the City and Plaintiffs, except for a submission to arbitration or a motion to a court by Plaintiffs to obtain an award of reasonable attorneys’ fees and costs pursuant to paragraph 2 of this Agreement.. Notwithstanding the generality of the 6 foregoing, the Parties agree that once it is signed by the Parties this Agreement shall be further binding and admissible in any judicial or administrative proceeding: (a) to enforce the terms of the Stipulated Judgment entered under Paragraph 1 of this Agreement pursuant to California Code of Civil Procedure § 664.6 or otherwise; and (b) for breach of this Settlement Agreement’s provisions.

9. Integration. This Agreement constitutes the final and complete agreement of the Parties hereto with respect to the subject matter hereof and supersedes all prior or contemporaneous negotiations, promises, covenants, agreements, or representations concerning any matters directly, indirectly, or collaterally related to the subject matter of this Agreement.

This Agreement further sets forth the rights and obligations of the Parties hereto. The Parties hereto have expressly and intentionally included in this Agreement all collateral or additional agreements which may, in any manner, touch or relate to any of the subject matter of this Agreement and, therefore, all promises, covenants, and agreements, collateral or otherwise, are included herein. The Parties acknowledge that in entering into this Agreement, neither have relied on any statement, promise, representation, or warranty whatsoever, which is not expressly contained herein. It is the intention of the Parties to this Agreement that it shall constitute an integration of all their agreements, and each understands that in the event of any subsequent litigation, controversy, or dispute concerning any of its terms, conditions, or provisions, no party hereto shall be permitted to offer or introduce any oral or extrinsic evidence concerning any other alleged collateral or oral agreement between the Parties not included herein.

10. Amendment. This Agreement cannot be amended, modified, or waived except by a writing executed by the Party to be charged, which expresses, by its terms, an intention to modify this Agreement.

11. Construction of Agreement. This Agreement shall be construed as a whole in accordance with its fair meaning and in accordance with the laws of the State of California and any applicable laws of the United States. The language of the Agreement shall not be construed for or against any particular party by reason of its participation or lack of participation in draft any provision of the Agreement. This Agreement shall be interpreted and construed as if drafted by each of the Parties with equal participation in the drafting hereof. The headings used herein are for reference only and shall not affect the construction of this Agreement.

12. Representation of Counsel. Each of the Parties expressly acknowledges and represents that it has been represented by counsel in negotiations culminating in this Agreement.

Each of the Parties has read this Agreement, reviewed the same with counsel, and fully understands the meaning and effect of each and every provision of this Agreement, in particular the meaning and effect of the releases and the waiver of rights under California Civil Code § 1542.

13. Authority. The undersigned represent and warrant that they have taken all actions and obtained all authorizations, consents, and approvals as are conditions precedent to their authority to execute this Agreement.

14. Execution in Counterparts. This Agreement may be executed in counterparts, which will be binding upon the Parties hereto as if all of said Parties executed the original hereof.

8 Dated: ____________________ MALINI NAGPAL
________________________________
Malini Nagpal
Dated: ____________________ KATHRYN SHAPIRO
________________________________
Kathryn Shapiro
Dated: ____________________ CITY OF CYPRESS
By: ________________________________
Scott Minikus
Mayor

APPROVED AS TO FORM
Dated: ____________________ SHENKMAN & HUGHES PC

GOLDSTEIN, BORGEN, DARDARIAN &
HO
By: ________________________________
Kevin Shenkman
Attorneys for Plaintiffs

SOUTHWEST VOTER

REGISTRATION EDUCATION
PROJECT, MALINI NAGPAL, and

KATHRYN SHAPIRO
9 Dated: ____________________ BUCHALTER, APC

ILLOVSKY& CALIA LLP

ALESHIRE & WYNDER, LLP
By: ________________________________
Fred Galante
Attorneys for Defendant

CITY OF CYPRESS

EXHIBIT A
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1 [PROPOSED] STIPULATED JUDGMENT

BUCHALTER, APC
STEVEN G. CHURCHWELL (110346)
BRANDON Q. TRAN (223435)
500 Capitol Mall, Suite 1900
Sacramento, CA 95814
Telephone: 916.955.0363
Email: [email protected]

ILLOVSKY & CALIA LLP
KEVIN CALIA (227406)
1611 Telegraph Avenue, Suite 806
Oakland, CA 94612
Telephone: 415.500.6640
Email: [email protected]

ALESHIRE & WYNDER, LLP
FRED GALANTE (178421)
1 Park Plaza, Suite 1000
Irvine, CA 92614
Telephone: 949.223.1170
Email: [email protected]

Attorneys for Defendant,

CITY OF CYPRESS, CALIFORNIA

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF ORANGE

SOUTHWEST VOTER REGISTRATION
EDUCATION PROJECT; KATHRYN
SHAPIRO; and MALINI NAGPAL,
Plaintiff,
v.

CITY OF CYPRESS, CALIFORNIA; and DOES
1-100, inclusive,
Defendant.

CASE NO. 30-2022-01270865-CU-CR-CJC

ASSIGNED FOR ALL PURPOSES TO
HONORABLE DAVID A. HOFFER
[PROPOSED] STIPULATED

JUDGMENT
Complaint filed: July 20, 2022
Trial date: Apr. 2, 2024

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Plaintiffs SOUTHWEST VOTER REGISTRATION EDUCATION PROJECT, KATHRYN SHAPIRO, and MALINI NAGPAL (“Plaintiffs”), and Defendant CITY OF CYPRESS, a charter city (“Defendant” or “the City”), having stipulated to all terms and conditions set forth herein, having entered into a Settlement Agreement and General Release (the “Agreement”) which is attached hereto, and having requested the Court to make and enter a judgment consistent with said stipulation, the Court renders its judgment as follows:

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED AS FOLLOWS:
(a) Establishment of a Single-Member Districts Election System for City Council.

Defendant shall replace the City’s existing at-large method of electing all five (5) members of its City Council at-large with a single-member district election system, consisting of five singlemember districts. One of the districts will consist largely of a significant portion of the area between Orange Avenue and Ball Road that lies within the City (the “Central District”). The Central District and one other district selected by the City Council will elect one member in each statewide general election coinciding with a presidential election (e.g., November 2024 and 2028). The remaining three districts will elect one member each in the statewide general election in the other even years (e.g., November 2026 and 2030). Past, present, or future members of the City Council who were or will be elected or appointed to their positions are referred to as “Council Members.” (b) Development of Electoral District Map. The boundaries of the Central District and the remaining four districts are depicted in Exhibit A, attached hereto. The map attached as Exhibit A was developed and approved in accordance with all applicable federal and State law, including California Elections Code sections 10010 and the Fair and Inclusive Redistricting for Municipalities and Political Subdivisions (FAIR MAPS) Act of 2023 (Elections Code sections 21110 et seq.).
(1) The first elections for members of the City Council pursuant to the new election system adopted under subdivision (a) shall be the statewide general election held in November 2024.
(2) The seat for the City Council member from the Central District shall be filled in the November 2024 election, along with the seat for the City Council member from 1 2
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one other district selected by the City Council. The other three seats shall be filled in the election to be held in November 2026. Nothing in this subparagraph shall affect the ability of the City Council to fill a vacancy on the City Council pursuant to the provisions of the City’s charter related to any such vacancy. (3) The term of each member of the Council elected under the system adopted pursuant to subdivision (a) shall be four years or until the Council Member’s successor is qualified.
(4) Following the release of data from the 2030 decennial census by the U.S. Census Department, the City shall draw a five-district electoral map in conformity with all then-applicable state and federal law, including (currently) sections 10010 and 21110 et seq. of the Elections Code. Notwithstanding adherence to all federal and state law, any redrawing of the Central District shall be done so as to further the purposes of the California Voting Rights Act (Elections Code §§ 14025 et seq.) and achieve population equality consistent with the “one-person-one-vote” rule. (c) Incumbent Council Members. The members of the City Council who are in office on the date of this Judgment shall continue in office until their successors are elected at the statewide general election in November 2024 and November 2026, as applicable. The terms of those City Council members shall be neither extended nor shortened by this Judgment. Recall proceedings, if any, of such Council Members serving the remainder of an at-large elected term and an election of a successor to such Council Member to complete that term, shall be conducted at-large in accordance with applicable law.
(d) Conditions for Potential Switch to Ranked Choice Voting or Cumulative Voting Electoral System. The City shall have the option to switch to a system of ranked choice or cumulative voting if, during the relevant period, a specified number of the contests to elect Council Members to represent the individual districts defined under the district map during the period are uncontested, as defined in this subparagraph. The City will have the option to switch to a ranked choice or cumulative voting electoral system if three (3) of the seven (7) contests to elect Council Members to represent the individual districts held through 2028 are uncontested, or five (5) of the 1 2
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ten (10) contests to elect Council Members to represent the individual districts held through 2030 are uncontested. Following the release of data from the 2030 decennial census by the U.S. Census Department, the City shall draw a five-district electoral map in conformity with subparagraph (b)(4) above. The City will have the option to switch to a ranked choice or cumulative voting electoral system if five (5) of the twelve (12) contests to elect Council Members to represent the individual districts held through 2032 are uncontested. An election for City Council shall be deemed to be “uncontested” for purposes of this subparagraph if no candidates run for the City Council seat in a district or if the only candidate for the City Council seat in a district is a single incumbent Council Member.
(e) Future City Council Elections Will Not Be At-Large Elections. The City and all persons acting pursuant to its orders, direction, and control are hereby enjoined for 10 years from the date of this judgment from imposing, applying, holding, tabulating and/or certifying any further at-large elections, and/or the results thereof, for membership on the City of Cypress City Council, except in conformity with paragraph (d) of this Judgment. If, during this 10-year period, the California Voting Rights Act is declared invalid or unconstitutional in a final non-appealable judgment, repealed, or substantially altered in a way that permits cities increased latitude to select electoral systems that do not involve single-member city council districts, the City may move the Court for corresponding relief from this Judgment.
(f) Dismissal with Prejudice. Plaintiffs’ claims as to the Defendants named in Plaintiffs’ complaint as “DOES 1-100, inclusive” shall be dismissed with prejudice. (g) Attorneys’ Fees and Litigation Expenses. Plaintiffs are prevailing parties, entitled to recover their reasonable attorneys’ fees, costs and expenses, pursuant to Elections Code section 14030. The City will pay Plaintiffs, in an amount to be negotiated by the Parties, their reasonable attorneys’ fees consistent with the standards established in Serrano v. Priest (1977) 20 Cal.3d 25, 48-49, and litigation expenses consistent with Elections Code section 14030, including, but not limited to, expert witness fees and expenses as part of the costs. If the Parties are unable to reach an agreement on the amount of attorneys’ fees and costs to be awarded to the attorneys for Plaintiffs, then the Parties will submit the issue of the amount of attorneys’ fees, costs and expenses to an 1 2
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arbitrator selected by agreement of the Parties. To facilitate agreement to an arbitrator for this purpose, Plaintiffs (collectively) and Defendant shall each provide the names of at least two potential arbitrators with experience adjudicating and/or mediating voting rights cases who are acceptable to that Party. An arbitrator acceptable to all Parties shall be chosen within 30 days of the Parties submitting their respective names of acceptable and available arbitrators. If the Parties are unable to agree on an arbitrator, Plaintiffs may move for attorneys’ fees and costs, including the attorneys’ fees and costs associated with bringing such a motion for fees and costs, in this Court.

Plaintiffs shall have 60 days to bring such a motion after the date either Party indicates the Parties have reached an impasse on both the amount of attorneys’ fees and costs and the identification of a mutually acceptable arbitrator. Nothing in this paragraph shall be construed as prohibiting the Parties from agreeing to mediation in an effort to reach an agreement regarding the amount of attorneys’ fees and costs to be awarded to the attorneys for Plaintiffs. Other than as provided herein, the parties shall each bear their own costs and expenses, attorney fees, and interest arising out of or relating to this CVRA Action.
(h) Retention of Jurisdiction. The Court shall retain jurisdiction to enforce the terms of this Stipulated Judgment and the Settlement Agreement pursuant to Code of Civil Procedure Section 664.6, for ten years from the date of entry of this Judgment.

DATED: _____________________ ____________________________________ Hon. David A. Hoffer
Judge of the Superior Court of the State of
California, County of Orange
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 16.

FROM: Alisha Farnell, City Clerk
DATE: 01/08/2024
SUBJECT: Approve a Resolution of Intention Regarding Transition to By-District City Council Elections

RECOMMENDATION

1. Approve a Resolution of intention regarding transition to by-district elections; and

2. Adjust the start time for Regular City Council meeting general sessions that feature a public hearing related to the adoption of by-district elections to 5pm and ensure the public hearings begin promptly at 6pm.

DISCUSSION
Consistent with the agreement the City Council is considering to resolve the California Voting Rights Act (CVRA) lawsuit, the attached Resolution establishes a timeline for Cypress’ transition to by-district elections. If the agreement and Resolution are approved, the City will begin public outreach and conduct a series of public hearings to obtain input, review and select an electoral map, and approve an Ordinance adopting by-district elections. The recommended timeline is:
(City Council meetings appear in bold)
January 8, 2024 Adopt Resolution of Intent
January 22, 2024
1st Public Hearing: composition of district maps and public input (draft maps not yet drawn)
January 29, 2024
(Special Meeting)
2nd Public Hearing: composition of district maps and public input (draft maps not yet drawn)
February 1, 2024 Deadline for the public to submit draft maps to be considered on February 12, 2024 February 5, 2024 Draft maps and election sequence posted to website February 12, 2024 3rd Public Hearing: consider draft maps and public input February 15, 2024 Deadline for the public to submit draft maps to be considered on February 26, 2024 February 19, 2024 New or modified draft maps (if any) and election sequence posted to website February 26, 2024 4th Public Hearing: consider draft maps and public input; City Council selects a map and introduces Ordinance
March 11, 2024 5th Public Hearing: consider public input; City Council conducts second reading of and adopts Ordinance
November 5, 2024 First by-district City Council elections The recommended timeline is accelerated to meet the CVRA lawsuit plaintiff's demands. Nonetheless, it provides considerable opportunity for interested community members to participate in one or more public hearings as part of the transition to by-district elections. Apart from the public hearing process, community members will have the opportunity to submit their own maps, ask questions through a website dedicated to the by-district transition, email the City Council, and submit electronic comments for the public hearings. The timeline provides more time for community participation than is offered by most of the cities that immediately succumb to a CVRA demand letter. The timeline also provides considerably more time than State law requires.

The condensed timeline makes it imperative that Council Members and interested community members review reports, draft maps and election sequence information as soon as it is available.

To encourage participation in this important process, it is recommended that the start time for Regular City Council meeting general sessions featuring a public hearing related to the adoption of by-district elections be adjusted to 5pm and that the public hearings start promptly at 6pm. This will provide a predictable start time for the public hearings while ensuring the City Council can conduct regular business prior to considering what are likely to be complicated and lengthy matters related to by-district elections. Mission-critical business not completed prior to the public hearing will be considered after the hearing is closed. Care will also be given to balancing the meeting agendas to avoid continuing or considering potentially controversial items during the by-district election adoption process.

BUDGET IMPACT
None.

LEGAL REVIEW
The attached Resolution was drafted by the City Attorney.

APPROVED BY:  Peter Grant, City Manager
Attachments
Resolution
RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CYPRESS, AND ACTING AS EX-OFFICIO GOVERNING BOARD OF

DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT,

DECLARING ITS INTENTION TO TRANSITION FROM AT-LARGE TO

DISTRICT-BASED ELECTIONS
WHEREAS, the members of the City Council of the City of Cypress (“City”) are currently elected in “at-large” elections, in which each Council Member is elected by the registered voters of the entire City; and
WHEREAS, Government Code section 34886 gives the City the authority to change via ordinance from “at-large” to “district-based” elections, where each member of the City Council is elected only by the voters in the district in which the candidate for City Council resides; and
WHEREAS, on January 8, 2024, City entered into an agreement (“Agreement”) with Southwest Voter Registration Education Project, Kathryn Shapiro, and Malini Nagpal to resolve allegations (“the Lawsuit”) that the City's at-large electoral system does not comply with the California Voting Rights Act ("CVRA"); and WHEREAS, by entering into the Agreement, the City does not admit its election system does not comply with the CVRA or any other provision of law and further denies any wrongdoing whatsoever in connection with the manner in which it has conducted its City Council elections, but nevertheless settles the Lawsuit due to the uncertainty of litigation and to avoid further expenditures in litigating the Lawsuit; and WHEREAS, the Agreement requires the City to begin the process of transitioning from at-large to by-district elections; and
WHEREAS, prior to adopting an ordinance establishing by-district elections, the City will comply with Elections Code section 10010, which requires all of the following:

A. Prior to drawing any proposed district boundary maps, the City Council must hold at least two public hearings over a period of no more than 30 days, at which the public is invited to provide input regarding the composition of the districts. Before those hearings, the City may conduct outreach to the public, including to non-English-speaking communities, to explain the districting process and to encourage public participation.

B. After all draft maps are drawn, the City shall publish and make available for release at least one draft map and, if members of the City Council will be elected in their districts at different times to provide for staggered terms of office, the potential sequence of the elections.

C. The City Council shall also hold at least two additional hearings over a period of not more than 45 days, at which the public is invited to provide input regarding the content of the draft map or maps and the proposed sequence of elections. The first version of a draft map must be published at least seven days before consideration at a hearing. If a draft map is revised at or following a hearing, it must be published and made available to the public for at least seven days before being adopted.

WHEREAS, the next City election of Council Members will take place in November of 2024, and the by-district map will be filed with the County in sufficient time for use in the 2024 election.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, HEREBY RESOLVES AS FOLLOWS:

Section 1. That the above recitals are true and correct and incorporated herein by this reference.

Section 2. The City Council declares its intent to transition to by-district elections. The City Council will consider adoption of an ordinance to institute a by-district election system, and the City Council will consider adoption of that ordinance no later than the last date possible to allow by-district elections to be in place for the next regular City Council election that takes place after the effective date of this resolution.

Section 3. The City Council hereby approves the timeline attached as Exhibit A to this Resolution, which describes the specific steps the City intends to undertake to facilitate the transition from at-large to by-district elections. The timeline described in Exhibit A of this Resolution is subject to adjustment by the City Council in its sole discretion and as it deems necessary. Any such adjustments shall also ensure compliance with the statutory requirements of Elections Code section 10010.

Section 4. The City Manager and the City Attorney are hereby directed to take the steps necessary to implement this Resolution.

Section 5. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

Section 6. This Resolution is effective on the day of its adoption.

PASSED AND ADOPTED by the City Council of the City of Cypress, and acting as exofficio governing Board of Directors of the Cypress Recreation and Park District, at a regular meeting held on the 8th day of January, 2024.

MAYOR OF THE CITY OF CYPRESS
ATTEST:

CITY CLERK OFTHE CITY OF CYPRESS
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
I, ALISHA FARNELL, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the said City Council held on the __ day of __, 2024, by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

CITY CLERK OF THE CITY OF CYPRESS

EXHIBIT A

TENTATIVE TIMELINE FOR ADOPTION OF DISTRICT-BASED ELECTIONS

DATE EVENT COMMENT
January 8, 2024 Adopt Resolution of Intent effective
January 8, 2024
January ___, 2024 – _____, 2024 Public Outreach Regarding Process January 22, 2024 First Public hearing
Hearing regarding composition of
maps and public input, but no draft
maps are drawn
January 29, 2024 (would require
special City Council meeting) Second Public Hearing
Hearing regarding composition of
maps and public input, but no draft
maps are drawn
February 5, 2024 Post Draft Map(s) and Potential
Sequence of Elections
Draft maps and proposed sequence
of elections must be posted publicly
at least seven days prior to the public
hearing
February 12, 2024 Third Public Hearing re Draft Maps City Council considers the draft maps, with input from the public
February 19, 2024
Post New or Modified Draft Map(s) if
any and Potential Sequence of
Elections
Draft map(s) and proposed sequence
of elections must be posted publicly
at least seven days prior to the public
hearing
February 26, 2024 Fourth Pubic Hearing Re Draft Maps;
Select Map and Introduce Ordinance
City Council considers the draft
maps, with input from the public; City
Council selects a map and introduces
the ordinance
March 11, 2024 Fifth Public Hearing: Second
Reading of Ordinance Ordinance is adopted.

November 5, 2024 First District Elections
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 17.

FROM: Peter Grant, City Manager
DATE: 01/08/2024
SUBJECT: Approve an Agreement for Services to Establish City Council Electoral Districts and a Task Order for Community Outreach Services

RECOMMENDATION

1. Approve an agreement with National Demographics Corporation, not to exceed $50,000, related to establishing City Council electoral districts including providing a project website, online and paper mapping tools for the public, and in-person participating at all public hearings; and

2. Approve a task order with Communications LAB, not to exceed $20,000, for by-district election communications and outreach; and

3. Appropriate $70,000 in the General Fund.

DISCUSSION
National Demographics Corporation (NDC): Districting Services NDC began work in December (under the contract authority delegated to the City Manager) to ensure the City is prepared to comply with the terms of the agreement to resolve the CVRA lawsuit. The December agreement initiated essential demographic work and map pre-development, but did not include important tasks that enhance public education and participation in the districting process, including a dedicated website, online and paper-based tools that enable community members to develop and submit their own maps for City Council consideration, and NDC attendance at all the public hearings. An example of NDC's public mapping tools is available from its work in Irvine at https://drawirvine.org/draw-a-map/.

Districting Setup & Coordination (initiated
in December) $21,500
Dedicated districting website $6,500
Mapping tool kit (online and paper) $4,000
In-person attendance at all five public
hearings $15,000
Contingency $3,000
Not to Exceed Total $50,000
Communications LAB: Communications and Outreach
The City has an on-call agreement with Communications LAB for marketing and communications services that was approved by the City Council in 2021 following a competitive selection process. The recommended task order will support districting community engagement and encourage participation throughout the transition to by-district elections. The task order includes outreach education, press releases, website updates, graphic design, and social media content creation. The task order will not exceed $20,000.

BUDGET IMPACT
Sufficient amounts are available in the unassigned fund balance of the General Fund to provide for both agreements.

LEGAL REVIEW
The City Attorney drafted and approved the agreement as to form.

APPROVED BY:  Peter Grant, City Manager
Attachments
National Demographics Corporation Agreement
Communications LAB Task Order

CITY OF CYPRESS

AGREEMENT FOR CONTRACT SERVICES FOR

DISTRICTING SERVICES
THIS AG EMENT FOR CONTRACT SERVICES (herein "Agreement") is made and entered into this 8th day of January, 2024, by and between the CITY OF CYPRESS, a California municipal corporation ("City") and NATIONAL DEMOGRAPHICS CORPORATION (herein "Contractor").

NOW, THEREFORE, the parties hereto agree as follows:

1. SERVICES OF CONTRACTOR

1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Contractor shall perform the work or services set forth in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by reference. Contractor warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner.

1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competentjurisdiction.

1.3 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the servicesrequired by the Agreement.

1.4 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the provisions ofExhibit "B" shall govern.

2. COMPENSATION

2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum amount of Fifty Thousand and 00/100 Dollars ($50,000.00) ("Contract Sum"). 2 2.2 Invoices. Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City's Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories:
labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts.

Sub-contractor charges shall also be detailed by such categories. Contractor shall not invoice City for any duplicate services performed by more than one person.

City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will use its best efforts to cause Contractor to be paid within forty five (45) days of receipt of Contractor's correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission. Review and payment by the City of ny invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.3 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation ofup to ten percent (10%) of the Contract Sum but not exceeding a total contract amount of Five Thousand Dollars ($5,000) or in the time to perform of up to ninety (90) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

3. PERFORMANCESCHEDULE

3.1 Time of Essence. Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

City of Cypress, a municipal corporation
_____________________________________
Scott Minikus, Mayor
ATTEST:
____________________________________
Alisha Farnell, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
____________________________________
Fred Galante, City Attorney
CONTRACTOR:

NATIONAL DEMOGRAPHICS

CORPORATION
By: __________________________________
Name: Doug Johnson
Title: _President________________________
Address: P.O. Box 5271
Glendale, CA 912221

December 21, 2023
Pete Grant, City Manager
City of Cypress
5275 Orange Ave.

Cypress CA 90630
cc: Alicia Farnell, City Clerk
SUBJECT: Task Order 011
California Voter Rights (CVRA) Outreach Education Efforts Dear Mr. Grant:

Communications LAB is pleased to submit the following proposal for services to provide professional support to the City of Cypress relative to Task Order 011: CVRA Outreach as outlined below. The scope of services, costs and timeline are presented by line item below for your review.

ITEM #1
Date(s) Task Description Hours Cost
JanuaryApril 2024Voter Outreach Education
• Press Releases
• Graphic Design
• Website Updates
• Talking Points
• FAQs
Social Media Posts (Trilingual*)
• Community Flyer (Trilingual*)
• Community Banners (Trilingual*)
• Video Production (1 video)
• Direct Community Engagement
(Community Booths)
• Crisis Communications
• Mailer/Postcard
*Trilingual (English, Spanish and
Korean) – See Item #3 Below
60 Hours
(15 per month)
Hourly Rate:
$150
Total Cost
$9,000
ITEM #2
ITEM #3
Communications LAB Negotiated Billing Rates
Title Bill Rate
CEO $150/hour
President $150/hour
Vice President $150/hour
SR. Account Director $150/hour
Account Manager $150/hour
Account Executive $150/hour
Graphic Designer $150/hour
Account Coordinator $150/hour
As noted in the chart, pricing is based on Communications LAB’s negotiated, blended team rate of $150 per professional hour. If you should have any questions, please feel free to contact me on my personal mobile phone (714) 878- 4864 or via email at [email protected].

Thank you,
Arianna Barrios, CEO
Communications LAB
701 E Chapman Avenue
Orange, CA 92866
Other Direct
Cost • Social Media Boosting $250 per month $1000
Task Order Total $20,000
Dates(s) Task Description Hours Cost
JanuaryApril 2024Other Duties as Assigned
• Task Order Contingency
• Not To Exceed Amount (NTE)
• For use as Professional Hours
and/or Direct Costs (i.e., Asian
Language Translations)
Up To 66
Additional
Professional
Hours
$10,000