Dear Mr. Rubins,
The City has identified records in its possession that appear to respond to your request. The first production of such responsive records is being made available to you today.
Some of these documents are not related to the Burton matter, but are general materials and communications between the City and the Pun Group. For the second production, we'll try to produce materials that are more focused on and relevant to your request.
Also, please be advised that the City is withholding certain records from disclosure, in whole or in part, pursuant to the following exemptions:
- Attorney-Client Privilege. Attorney-client communications are exempt from disclosure pursuant to Section 954 of the California Evidence Code, which is incorporated into the Public Records Act through California Government Code § 6254(k).
- Personal Information Exemption. Certain personal information, such as personal addresses and phone numbers, cell phone numbers, personal email addresses and personal vehicle license plate numbers and VINs is protected by the privacy provisions of Article I, Section 1 of the California Constitution, incorporated into the Public Records Act through California Government Code Section 6254(k).
The Public Records Act requires the City to provide a written response when a records request is denied, either in whole or in part. (Gov. Code § 6255 (b).) The Public Records Act also requires that notification of denial of any request for records must include the names and titles or positions of each person responsible for the denial. (Gov. Code § 6253 (d).) With the name and title provided below, this correspondence fulfills both of the aforementioned legal requirements.
City staff are continuing to search for and review documents associated with your request, and will continue to provide responsive documents in batches by the next production date, 9/30/2019. If we are able to make the records available prior to the date indicated, we will do so. Likewise, if we require additional time to complete the review and redaction, if necessary, of the responsive documents, we will notify you in writing on or before the listed date.
Please feel free to contact me should you have any additional questions or concerns. Thank you very much for your cooperation.
for BEST BEST & KRIEGER LLP