Request #6141
Please see attachment. Thank you.
Correspondence
The City has completed its review of your August 31, 2020 request for public records. This response will serve as the City's notice of determination as to whether the request, in whole or in part, seeks the production of non-exempt, non-privileged disclosable public records in the possession and control of the City pursuant to the California Public Records Act (Government Code §§ 6250 et seq.) (the "Act"). The City has evaluated the 5 general request category descriptions set forth in your request in an effort to make a determination as to whether the request seeks copies of disclosable public records in the possession and control of the City. The City's determination in this regard is as follows:
Request 1: Any Term sheets or proposals from any entities that responded with a Letter of Interest to the Willowick Property between March 12, 2020 and present.
Term sheets and/or proposals will be provided in response to this request.
Request 2: All Records and Documents between the City of Garden Grove and the following entities and agencies, including but not limited to the ones below, that pertain to Willowick:
a. Workbench Built
b. City Ventures, Jamboree, Primestor
c. Borstein Enterprises
d. Nova Homes
e. Sapman Developers aka Sapman Sportswear
f. Cesar Chavez Foundation
g. Western Pacific Housing
h. McWhinny
i. County of Orange
j. Trust for Public Lands
k. Clifford Beers Housing
1. City of Santa Ana
Records will be provided in response to this request.
Request 3: All Records and Documents, including but not limited to, emails, text messages, letters, correspondence, and/or any other documents currently in the possession of the Office of the Mayor and City Council (including aides, assistants, policy advisers, chiefs of staff, and independent firms on contract with the city), Office of the City Manager, and any other departments or agencies under the jurisdiction of the City of Garden Grove, which address, deal with, and/or pertain to the Willowick Property.
The City objects to this request and records will not be produced because they are exempt from disclosure pursuant to the attorney-client privilege and the attorney work product doctrine (Government Code §6254(k), Evidence Code §954, Code of Civil Procedure §2018.030); and the public interest exemption and common law deliberative process privilege (Government Code §6255(a), Times Mirror Co. v. Superior Court, (1991) 53 Cal.3d 1325). In addition, to the extent that the privileges do not apply, this request is further objected to on the grounds that, as phrased, is vague, overly broad and unduly burdensome. Note that in Rogers v. Superior Court, (1993) 19 Cal. App.4th 469, 481, the Court held that requests for public records must be focused and specific. See, also, California First Amendment Coalition v. Superior Court, (1998) 67 Cal.App.4th 159, 166 (“A clearly framed request which requires an agency to search an enormous volume of data for a ‘needle in the haystack’ or, conversely, a request which compels the production of a huge volume of material may be objectionable as unduly burdensome.”). The City has owned the Willowick Property since 1964 and your request is not limited as to time. Perhaps you might want to specify whether the records you are interested in pertain to nonexempt records that relate to a specific issue or event involving the Willowick Property, and/or limiting your request to events occurring within specific dates.
Request 4: All Records and Documents that speak to how the City intends to prioritize the entities with whom it will negotiate regarding the sale/lease of Willowick Property.
The City does not have any disclosable public records in its possession that would be responsive to this request. Records will not be produced to the extent that they are exempt from disclosure pursuant to the attorney-client privilege and the attorney work product doctrine (Government Code §6254(k), Evidence Code §954, Code of Civil Procedure §2018.030); and the public interest exemption and common law deliberative process privilege (Government Code §6255(a), Times Mirror Co. v. Superior Court, (1991) 53 Cal.3d 1325).
Request 5: All Records and Documents that speak to whether the City will negotiate concurrently with multiple entities regarding the sale/lease of the Willowick Property.
The City does not have any disclosable public records in its possession that would be responsive to this request. Records will not be produced to the extent that they are exempt from disclosure pursuant to the attorney-client privilege and the attorney work product doctrine (Government Code §6254(k), Evidence Code §954, Code of Civil Procedure §2018.030); and the public interest exemption and common law deliberative process privilege (Government Code §6255(a), Times Mirror Co. v. Superior Court ,(1991) 53 Cal.3d 1325).
Thank you,
City Clerk’s Office
City of Garden Grove
Attached document(s)
Please click on the link below to access document(s) responsive to your request.
Additionally, for records dated prior to August 11, 2020, please see the records produced under Request No. 5935, 5891, 5782, and 5669.
Thank you,
City Clerk’s Office
City of Garden Grove