Request #6995

Please use the updated zip file; 2 documents have been added.

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

The City has completed its review of your July 8, 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 7 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, including but not limited to emails, text messages, or other communications, that pertain to the Willowick property and were exchanged between Daisy Perez, a Garden Grove planning commissioner for the City, and the following from January 1, 2021 to present:

a. McWhinny Real Estate Services Inc and Wakeland Housing

b. Willowick Community Partners LLC., which includes City Ventures, Jamboree, and Primestor

c. George Hamilton Jones, Inc.

The City does not have any disclosable public records in its possession that would be responsive to this request.

Request 2: All Records and Documents, including but not limited to emails, text messages, or other communications, that pertain to the Willowick property from January 1, 2021 to present.

This request is objected to on the grounds that it is vague and overly broad. 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. As you have done in the other general request category descriptions in your request, perhaps you can specify whether the records you are interested in relate to a specific issue, event, or involving specific individuals. The city further maintains a record of communications pertaining to the Willowick property at the following webpage, which may already contain the information you seek: https://www.ggcity.org/sla.

3. 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 April 27, 2021 to present.

A letter from George Hamilton Jones dated July 15, 2021 is attached. 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.

4. All Records and Documents including, but not limited to, work produced for or on behalf of the City, conducted by George Hamilton Jones Inc, real estate appraisal between April 27, 2021 to present.

A letter from George Hamilton Jones dated July 15, 2021 is attached. 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.

5. 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 April 27, 2021 to present.

Correspondence to Karen Rodriguez dated July 12, 2021 is attached. 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.

6. 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 April 27, 2021 to present.

a. Willowick Community Partners LLC., which includes City Ventures, Jamboree, and Primestor

b. Trust for Public Lands, Clifford Beers Housing, California Coastal State Conservancy

c. McWhinny Real Estate Services Inc and Wakeland Housing

d. County of Orange

Records responsive to this request are attached. The city further maintains a record of communications pertaining to the Willowick property at the following webpage: https://www.ggcity.org/sla.

7. 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 April 27, 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)