Agenda packet — Cypress City Council, January 29, 2024

AGENDA
SPECIAL MEETING
CYPRESS CITY COUNCIL
January 29, 2024
3:30 P.M. - Closed Session
5:00 P.M. - General Session
6:00 P.M. - Public Hearing
www.cypressca.org 5275 Orange Avenue
Cypress, California
Interested in speaking to the City Council? Information about participating in the City Council meeting appears at the end of the agenda.

CALL TO ORDER
3:30 P.M.

Council Chambers
ROLL CALL
Cypress City Council, also acting as the Ex-Officio Governing Board of Directors of the Cypress Recreation and Park District
Mayor Scott Minikus
Mayor Pro Tem Bonnie Peat
Council Member David Burke
Council Member Anne Mallari
Council Member Frances Marquez
ORAL COMMUNICATIONS ON CLOSED SESSION / WORKSHOP ITEMS
(Limited to 30 minutes - three minutes per speaker. The City Council may adjust the time allotted per speaker.)
The public may address the City Council on closed session/workshop items prior to any action taken.

Although Council Members may provide brief responses, the City Council may not engage in a discussion with members of the public during the meeting. Please complete a speaker's card to address the City Council in-person. Members of the public are encouraged to communicate with the City Council via email at [email protected] or by calling 714-229-6699.

CLOSED SESSION
THREAT TO PUBLIC SERVICES OR FACILITIES
Pursuant to Government Code Section 54957
Consultation with: Cypress Police Department, Chief of Police CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Fortis LLP v. Frances Marquez, City of Cypress
Case No. 30-2022-01277792-CU-WM-CJC
Orange County Superior Court

RECONVENE

RECONVENE
5:00 P.M.

PRESENTATION
Golden State Water Update on Upcoming Project
ORAL COMMUNICATIONS ON AGENDA ITEMS (Three minutes per speaker. The City Council may adjust the time allotted per speaker.)
The public may address the City Council on agenda items prior to any action taken. Although Council Members may provide brief responses, the City Council may not engage in a discussion with members of the public during the meeting. Please complete a Speaker's Card to address the City Council in-person. Please follow the instructions at the end of the agenda and wait for the Mayor/City Clerk to call on you to address the City Council virtually. Speakers providing in-person comments will be called first. Members of the public are encouraged to communicate with the City Council via email at [email protected] or by calling 714-229-6699.

ITEMS FROM CITY COUNCIL MEMBERS

1. Consider Admonishing Mayor Scott Minikus
Agendized by: Anne Mallari, Council Member
Recommendation: Admonish Mayor Scott Minikus for statements at the January 10, 2024 City Council Meeting.

2. Discussion of Placing the Consideration of Applying Civility, Conduct, Ethics and Governance Policy Sanctions on Mayor Scott Minikus on a Future Agenda Agendized by: David Burke, Council Member
Recommendation: Discuss placing consideration of applying Civility, Conduct, Ethics and Governance Policy sanctions on Mayor Minikus on a future agenda.

3. Discussion of Placing Consideration of Reorganizing the City Council on a Future Agenda Agendized by: Frances Marquez, Council Member
Recommendation: Discuss placing consideration of reorganizing the City Council on a future agenda.

January 29, 2024 | Page 2
PUBLIC HEARING - 6:00 P.M. (Three minutes per speaker) The public may address the City Council on public hearing items prior to any action taken. Although Council Members may provide brief responses, the City Council may not engage in a discussion with members of the public during the meeting. Please complete a Speaker's Card to address the City Council in-person. Please follow the instructions at the end of the agenda and wait for the Mayor/City Clerk to call on you to address the City Council virtually. Speakers providing in-person comments will be called first.

Council Members should disclose communications with anyone relevant to a Public Hearing item.

4. Conduct a Public Hearing to Take Testimony Regarding the Composition of Potential City Council Election Districts
Prepared by: Fred Galante, City Attorney
Recommendation:

1. Hold a public hearing to take testimony on neighborhoods and communities of interest; and

2. Provide direction on the draft City Council election district maps and sequence of elections.

ADJOURNMENT
The next meeting will be an adjourned Regular Meeting, to be held on Monday, February 12, 2024, beginning at 5:30 p.m. in the Executive Board Room.

I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted on the City Hall bulletin board and City website not less than 24 hours prior to the meeting. Dated this 25th day of January, 2024.

________________________________
Alisha Farnell, City Clerk

January 29, 2024 | Page 3
PUBLIC PARTICIPATION
Members of the public can participate in the City Council meeting in the following ways:

1. Attend In-Person. First-come, first-served seating is available. All attendees must be free of any symptoms associated with contagious illnesses.

2. Attend Virtually via Webinar. Follow this
link: https://attendee.gotowebinar.com/register/953115389683685721. Advanced registration is recommended.

3. Submit Public Comments Prior to the Meeting. The public may submit comments via email to [email protected]. Comments submitted by 3:00 p.m. on the day of the meeting will be included in the meeting record.

4. Watch the Meeting. The City Council meeting can be viewed on Spectrum Cable Channel 36 or on the City's website at www.cypressca.org/watchlive.

5. Listen to the Meeting. Listen-only teleconferencing is available by calling (213) 929-4212 and entering Access Code 630-447-241. No registration or audio pin is necessary.

AMERICANS WITH DISABILITIES ACT
In compliance with the Americans With Disabilities Act, if you need special assistance to participate in this meeting, you should contact the City Clerk at (714) 229-6685 at least 24 hours prior to the meeting to enable the City to make reasonable arrangements to assure accessibility to this meeting.

January 29, 2024 | Page 4
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Special 1.

FROM: Anne Mallari, Council Member
DATE: 01/29/2024
SUBJECT: Consider Admonishing Mayor Scott Minikus

RECOMMENDATION
Consider admonishing Mayor Scott Minikus for statements at the January 10, 2024 City Council Meeting.

DISCUSSION
Council Member Mallari, with support from Mayor Minikus and Mayor Pro Tem Peat, added this item to the agenda during the January 22 City Council meeting. It appears on the agenda for action/direction because Council Member Mallari's proposal received support from two other Council Members.

Mayor Minikus' statements at the January 10 City Council meeting did not contribute to a respectful, productive meeting. The statements contributed to the meeting's negative emotions, tone and tenor, and the objectionable behavior of many of those in attendance. The City Council should consider admonishing Mayor Minikus for his statements and operation of the meeting and call on all Council Members to ensure proper decorum in future meetings. As we work through the process of changing to electoral districts, the City Council should also call on Council Members and residents to commit to citywide governance that benefits the community as a whole.

BUDGET IMPACT
None.

LEGAL REVIEW
Admonishment is one of the sanctions identified in the City Council's Civility, Conduct, Ethics and Governance Policy. It is a warning about an action/behavior that violates City policy.

APPROVED BY:

CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Special 2.

FROM: David Burke, Council Member
DATE: 01/29/2024
SUBJECT: Discussion of Placing the Consideration of Applying Civility, Conduct, Ethics and Governance Policy Sanctions on Mayor Scott Minikus on a Future Agenda

RECOMMENDATION
Discuss placing consideration of applying Civility, Conduct, Ethics and Governance Policy sanctions on Mayor Scott Minikus on a future agenda.

DISCUSSION
Council Member Burke, with support from Council Member Marquez, added this item to the agenda during the January 22 City Council meeting. Because Council Member Burke's proposal received support from just one other Council Member, it appears on the agenda for discussion. Action related to this matter may be placed on a future agenda by a majority vote of the City Council.

BUDGET IMPACT
None
LEGAL REVIEW
N/A
APPROVED BY:

CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Special 3.

FROM: Frances Marquez, Council Member
DATE: 01/29/2024
SUBJECT: Discussion of Placing Consideration of Reorganizing the City Council on a Future Agenda

RECOMMENDATION
Discuss placing consideration of reorganizing the City Council on a future agenda.

DISCUSSION
Council Member Marquez, with support from Council Member Burke, added this item to the agenda during the January 22 City Council meeting. Because Council Member Marquez's proposal received support from just one other Council Member, it appears on the agenda for discussion. Action related to this matter may be placed on a future agenda by a majority vote of the City Council.

BUDGET IMPACT
None
LEGAL REVIEW
N/A
APPROVED BY:

CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Special 4.

FROM: Fred Galante, City Attorney
DATE: 01/29/2024
SUBJECT: Conduct a Public Hearing to Take Testimony Regarding the Composition of Potential City Council Election Districts

RECOMMENDATION

1. Hold a public hearing to take testimony on neighborhoods and communities of interest; and

2. Provide direction on the draft City Council election district maps and sequence of elections.

DISCUSSION
On January 10, 2024, the City Council adopted Resolution No. 6953 initiating the process to transition from an at-large election system to a by-district election system. This change will create five districts, with each district having a single City Council representative who must reside within that district. The City Council retained National Demographics Corporation (NDC) to lead the community through the process of establishing districts. NDC has served hundreds of local governments since its founding in 1979. The company is especially well known for its districting and redistricting work with local governments. NDC has established a reputation as the leading demographic expert in California, having performed demographic assessments of and/or moves to by-district elections for over 350 jurisdictions. NDC has completed more than 450 districting or redistricting projects with counties, school districts, cities, water districts, and other local jurisdictions. Nationally recognized as a pioneer in good government districting and redistricting, NDC has unmatched expertise in the issues, questions, and decisions jurisdictions face in any discussion regarding districting, redistricting, the California and Federal Voting Rights Act and related election system choices.

The first step in the transition process is two public hearings to solicit input on the composition of City Council districts. These hearings are January 22, 2024, and January 29, 2024. The public is requested to provide testimony about Cypress' communities of interest and other local factors that should be considered while drafting district boundaries. A community of interest is a neighborhood or geographic area that would benefit from being in the same City Council district because of shared interests or characteristics. A community of interest may include, but is not limited to:

Areas around parks, rivers, hills, and other landmarks
Proximity to highways or major roads
Common neighborhood activities, concerns, or issues
Shared demographic characteristics, including:

Levels of education and income
Languages spoken
Housing type (rented or owned) and density (multifamily or single family) Housing type (rented or owned) and density (multifamily or single family) In creating district boundaries, the City must comply with federal and state-mandated criteria:

Federal

1. Each district shall contain a nearly equal population.

2. Each district shall be drawn in a manner that complies with the Federal Voting Rights Act.

3. No district shall be drawn with race as the predominate factor (Shaw v. Reno, 509 U.S. 630 1993).

State

1. Districts shall be geographically contiguous.

2. Districts shall be drawn in a manner that minimizes the division of neighborhoods and local communities of interest.

3. District boundaries shall be easily identifiable and understandable by residents.

4. Districts shall be drawn to encourage geographical compactness.

5. Districts shall not favor or discriminate against an incumbent, political candidate, or political party.

NEXT STEPS
As required by the agreement with plaintiffs Nagpal, Shapiro and Southwest Voter Registration Education Project, after the January public hearings, the City will hold public hearings on proposed district boundary maps on February 12, 2024 and February 26, 2024. NDC will draft maps, independent of the City, and NDC's maps will be available for public review for at least seven days before each February public hearing.

Community members are encouraged to submit maps for City Council consideration at the public hearings. Maps submitted by community members are due February 1 to provide NDC time to process them. All maps submitted by community members, even those that do not adhere to legally-required criteria, will be posted and available for public review.

If the City Council directs changes to the map(s) at the February 12 public hearing, revised map(s) will be posted and available at least seven days before the February 26 public hearing.

BUDGET IMPACT
None.

LEGAL REVIEW
This report has been reviewed by the City Attorney.

APPROVED BY: Peter Grant, City Manager
Attachments
Presentation
City of Cypress
Introduction to Districting
Dr. Justin Levitt, Vice-President
National Demographics Corporation January 22, 2024
2 Election Systems

1. “At Large”

2. “From District” or “Residence” Districts

3. “By District”
The California Voting Rights Act
was written to specifically
encourage by-district elections.

January 22, 2024
3 California Voting Rights Act (CVRA)
 Under the Federal Voting Rights Act (passed in 1965), a jurisdiction must fail 4 factual tests before it is in violation of the law.  The California VRA makes it significantly easier for plaintiffs to force jurisdictions into “by-district” election systems by eliminating two of the US Supreme Court Gingles tests:
 Can the protected class constitute the majority of a district?  Does the protected class vote as a bloc?
 Do the voters who are not in the protected class vote in a bloc to defeat the preferred candidates of the protected class?
 Do the “totality of circumstances” indicate race is a factor in elections?  Liability is now determined only by the presence of racially polarized voting and dilution of the protected class’s voting strength
January 22, 2024
4 CVRA Impact
 Switched (or in the process of switching) as a
result of CVRA:
 At least 240 school districts
 34 Community College Districts
 160+ cities
 1 County Board of Supervisors
 Over 50 special districts.
 Cases So Far:
 Palmdale, Santa Clara and Santa Monica went
to trial on the merits. Palmdale and Santa
Clara lost. Santa Monica is awaiting a decision.
 Modesto and Palmdale each spent about $1.8
million on their defense (in addition to the
attorney fee awards in those cases).
 Santa Monica has spent an estimated $7
million so far. Plaintiffs in Santa Monica
requested $22 million in legal fees after the
original trial.
 Sample settlements:
 Palmdale: $4.7 million
 Modesto: $3 million
 Highland: $1.3 million
 Anaheim: $1.1 million
 Whittier: $1 million
 Santa Barbara: $600,000
 Tulare Hospital: $500,000
 Camarillo: $233,000
 Compton Unified: $200,000
 Madera Unified: about $170,000
 Hanford Joint Union Schools:
$118,000
 Merced City: $42,000
 An estimated $16 million in total
settlements and court awards so far.

January 22, 2024
5 Districting Process
Step Description
Two Initial Hearings
January 22 & January 29
Held prior to release of draft maps.

Education and to solicit input on the composition of districts.

Release draft maps
February 5
Maps must be posted at least 7 days prior to 3rd hearing.

Two hearings on draft maps
February 12 & February 26
Two meetings to discuss and revise the draft maps and to discuss the election sequence.

Map adoption Map adopted via ordinance or resolution.

Final map must be posted at least 7 days prior to adoption.

January 22, 2024
6 Equal Population
Federal Voting Rights Act
No Racial Gerrymandering
“Shall not adopt election district
boundaries for the purpose of
favoring or discriminating against
an incumbent, political candidate,
or political party.”

1. Federal Laws 2. California Criteria
In prioritized order:

1. Geographically contiguous

2. Undivided neighborhoods
and “communities of
interest”
(Socio-economic geographic areas
that should be kept together)

3. Easily identifiable
boundaries

4. Compact
(Do not bypass one group of
people to get to a more distant
group of people)

3. California Prohibition
Districting Rules and Goals
Future population growth

4. Other Traditional
Districting Principles
January 22, 2024
7 Demographic
Summary
Each of the 5
districts must contain
about 10,057 people.

Category Field Total Category Field Total
2020 Census Total Population 50,235 age0-19 26%
Hispanic/Latino 21% age20-60 52%
NH White 33% age60plus 22%
NH Black 4% immigrants 30%
NH Asian/Pac.Isl. 40% naturalized 64%
NH Native Amer. 1% english 57%
Total 33,010 spanish 11%
Hisp 18% asian-lang 26%
NH White 43% other lang 6%
NH Black 3% Language Fluency Speaks Eng. "Less
than Very Well" 16%
Asian/Pac.Isl. 34% hs-grad 42%
Native Amer. 1% bachelor 31%
Total 30,863 graduatedegree 18%
Latino est. 20% Child in Household child-under18 38%
Spanish-Surnamed 18% Pct of Pop. Age 16+ employed 64%
Asian-Surnamed 20% income 0-25k 9%
Filipino-Surnamed 3% income 25-50k 11%
NH White est. 53% income 50-75k 11%
NH Black 4% income 75-200k 52%
Total 17,146 income 200k-plus 16%
Latino est. 17% single family 80%
Spanish-Surnamed 15% multi-family 20%
Asian-Surnamed 18% rented 30%
Filipino-Surnamed 2% owned 70%
NH White est. 59%
NH Black 4%
Total 26,171
Latino est. 19%
Spanish-Surnamed 17%
Asian-Surnamed 18%
Filipino-Surnamed 3%
NH White est. 57%
NH Black est. 4%
Voter Turnout (Nov
2020)
Household Income
Education (among
those age 25+)
Immigration
Language spoken at
home
Total population data from California's adjusted 2020 Census data. Citizen Voting Age Population, Age, Immigration, and other demographics from the 2017-2021 American Community Survey and Special Tabulation 5-year data. Turnout and
Registration data from California Statewide Database. "Latino" figures calculated by NDC using Census Bureau's Latino
undercount by surname estimate.

Total Pop.

Citizen Voting Age
Pop
Housing Stats
Voter Registration
(Nov 2022)
Voter Turnout (Nov
2022)
Age
January 22, 2024
8 Latino & Asian CVAP
Asians are concentrated between Orange Ave. and Ball
Rd. There is some slight Latino concentrations along
Lincoln Ave. and Katella Ave.

Latino CVAP Asian CVAP
January 22, 2024
9 Defining Neighborhoods
1st Question: How do you describe or name the area where you live? 2nd Question: What are its geographic boundaries?
What other neighborhoods are there?
Examples of physical features defining a neighborhood boundary:
 Natural neighborhood dividing lines, such as highway or major roads, rivers, canals and/or hills
 Areas around parks or schools
 Other neighborhood landmarks
January 22, 2024
10 Defining Communities of Interest
California Elections Code Section 21130(c)(2):

A “community of interest” is a population that shares common social or economic interests that should be included within a single district for purposes of its effective and fair representation.

The shared interests may include (but are not limited to):
 Shared public policy concerns such as education, public safety, public health, environment, housing, transportation, and access to social services. cultural districts;
 Shared socioeconomic characteristics;
 Similar voter registration rates and participation rates; and /or  Shared histories.

Definitions of Communities of Interest may not include relationships with political parties, incumbents, or political candidates.

January 22, 2024
11 Other Socio-Economic Demographics
Income over $75k Renters
January 22, 2024
12 Public Mapping and Map Review Tools
 Different tools for different purposes
 Different tools for different levels of technical skill and interest  Simple “review draft maps” tool
 Paper-based simple “Draw a draft map or community” tool  Powerful, data-rich online “Draw a draft map” tool
Whether you use the powerful (but complicated) online mapping tool, the paper kit, or just draw on a napkin, we welcome your maps! January 22, 2024
13 Simple Map Review Tool
Online Interactive Review Map
 ESRI’s “ArcGIS Online” – similar to Google Maps in ease of use  Used to review, analyze and compare maps, not to create them  Includes overlays of “community of interest” and other data January 22, 2024
14 Simple Map Drawing Tool
Paper “Public Participation Kit”
 For those without internet access
or who prefer paper
 Total Population Counts only –
no demographic numbers
January 22, 2024
15 Online Map Drawing Tool
Simple “paintbrush & eraser” tool. A 4-minute “how-to” video is on the website.  Full demographic data available
 Create, collaborate and share your map
 Remember: you must send in the link to your map when you finish or the City has no way to know you drew a map.

January 22, 2024
16 Your Turn:

1. What area do you consider your neighborhood?

2. What are your “communities of interest”?
For each answer, please provide:
 Geographic boundaries
 The history or defining shared characteristic of the area In the absence of public testimony, planning records and other similar documents may provide definition.

3. Any other questions about the process, criteria, maps, or any other part of this process?
January 22, 2024
17 Share Your Thoughts
Website
https://mapcypress.org/
Phone
(714) 229-6700
Email
[email protected]
January 22, 2024

Cypress City CouncilJanuary 29, 2024

Cypress City Council
January 29, 2024