Request #7233

The City has completed its review of your September 23, 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 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: 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 and McWhinney between November 6, 2020 and present. --- The City of Garden Grove's Website lists correspondences between McWhinney and the City as of July 29, 2021; however, in a July 29, 2021 email', within that same email there is a message, dated November 6, 2020 that is cut off. This November 6, 2020 message is from Peter Laener of McWhinney. Rise Up Willowick requests this truncated message and any and all other emails that have been exchanged since.

Records responsive to this request are attached.

Request 2: All Records and Documents, including but not limited to emails, text messages, or other communications, that pertain to the Willowick property f and were exchanged between the City and Willowick Community Partners LLC between January 6, 2021 and present. --- The City of Garden Grove's Website lists correspondences between Willowick Community Partners LLC and the City as of July 29, 2021; however, in a July 29, 2021 email, there is a message dated January 6, 2021 that is cut off. This email was from Ryan of City Ventures to the City. Rise Up Willowick requests this truncated message and any and all other emails that have been exchanged since.

Records responsive to this request are attached.

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 the entities listed below between November 6, 2020 and present that are not listed on the City's website:

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 [sic] Real Estate Services Inc and Wakeland Housing
d. County of Orange

Records responsive to this request are attached, most included in response to categories 1 & 2 above.

4. Rise Up Willowick requests an attachment listed in an August 23, 2021 email from McWhinney to the City that is titled "Willowick McWhinney 25% Affordable Proforma 2021-08-20.xlsx" as this attachment is not included on the City's website.

The record has been included in the records produced under category 1 above.

5. 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 July 29, 2021 to present including, but not limited to, intradepartmental and interdepartmental messages and messages to California Department of Housing and Community Development (HCD)

There are no records responsive to this request as to communications with HCD. The City further 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)