Request #6821

The City has completed its review of your April 27, 2021 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 6 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: All Records and Documents that pertain to any appraisal conducted by the City or on its behalf of the Willowick Property, and any documentation that sets forth the appraisal's methodology, the data considered, the uses and zoning for which the land was appraised for, and who it was commissioned by. This request includes, but is not limited to, the appraisal identified in the City's April 16, 2021 letter to the Trust for Public Land.

A copy of the appraisal is available at https://ggcity.org/sla. 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 and Michaelis, Montanari & Johnson v. Sup. Ct., (2006) 38 Cal. 4th 1065). The City is in the process of negotiating a sale or lease of the Willowick Property and the City will not disclose records and materials that would expose the City’s decision-making process, which would negatively impact its bargaining position.

Request 2: All Records and Documents, including but not limited to emails, text messages, or other communications, that pertain to the Willowick property that were exchanged between the City of Garden Grove and George Hamilton Jones Inc, real estate appraisal between February 1, 2020 to present.

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 and Michaelis, Montanari & Johnson v. Sup. Ct., (2006) 38 Cal. 4th 1065). The City is in the process of negotiating a sale or lease of the Willowick Property and the City will not disclose records and materials that would expose the City’s decision-making process, which would negatively impact its bargaining position.

Request 3: All Records and Documents that entail any previous contracts or Agreements, work produced for or on behalf of the City, including but not limited to appraisals, conducted by George Hamilton Jones Inc, real estate appraisal between January 1, 2016 to present.

Except for the appraisal in response to response to Request 1 above, the City does not have any disclosable public records in its possession that would be responsive to this request.

Request 4: All Records and Documents that reflect how the City intends to prioritize the entities with whom it will negotiate regarding the sale/lease of Willowick Property from January 1, 2021 to present.

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 and Michaelis, Montanari & Johnson v. Sup. Ct., (2006) 38 Cal. 4th 1065). The City is in the process of negotiating a sale or lease of the Willowick Property and the City will not disclose records and materials that would expose the City’s decision-making process, which would negatively impact its bargaining position.

Request 5: All Records and Documents, including but not limited to emails, text messages, or other communications, that pertain to the Willowick property and were exchanged between the City of Garden Grove and any of the following entities from January 1, 2021 to present:

a. Willowick Community partners which include: City Ventures, Jamboree, and Primestor
b. Trust for Public Lands, Clifford Beers Housing, California Coastal State Conservancy
c. McWhinny Real Estate Services Inc.
d. County of Orange

Records responsive to this request are attached.

Request 6: 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 all communications exchanged regarding the Willowick Property from January 1, 2021 to present.

The City objects to this request and 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 and Michaelis, Montanari & Johnson v. Sup Ct (2006) 38 Cal. 4th 1065). The City is in the process of negotiating a sale or lease of the Willowick Property and the City will not disclose records and materials that would expose the City’s decision-making process, which would negatively impact its bargaining position.

Thank you,
City Clerk’s Office
City of Garden Grove

Attached document(s)