Re: Public Records Act Request- Oakley Court Apartments Project and MND
800 Block of South Oakley Court
Dear Ms. Rodriguez:
Pursuant to the California Public Records Act (Government Code Section 6250 et seq.), we are writing to request immediate access, within 10 days, to copies of any all records generated by, received by, or in the possession, custody or control of the City of Santa Maria (the "City"), including its employees and elected and appointed officials, relating to the following:
- Records referring or relating to the Application for General Plan/Zoning Amendment and Planned Development Permit ("Project") for the 800 Block of South Oakley Court (the "Property" ), including emails and calendar entries, letters or other correspondence, reports, contracts, agendas, minutes, interoffice memoranda, text messages;
- Documents referring or relating to the Mitigated Negative Declaration for the Project;
- Any reports, memoranda, correspondence, communications, incident reports, referring or relating to the Property or the Project;
- Any reports, memoranda, communications, correspondence, incident reports, referring or relating to the developer for or owner of the Property or the architect, contractor or consultants for the Project;
- Maps or images related to the Property;
- Any documents relating to any development or proposed development of the Property;
- Any and all communications with the City commenting on, or related to or responding to the comments on the Mitigated Negative Declaration;
- Any and all City files relating to the Property or the Project.
"Records" for the purpose of this request means all records as defined in the Public
Records Act, including but not limited to any and all correspondence, memos, notes,
electronic mail messages, text messages, electronic or hard files, calendar entries, and/or any other documents.
The time period at issue for these records is from January 1, 2014 to the date that you respond to this request.
This request is also made pursuant to Article I, § 3(b) of the California Constitution, which provides a constitutional right of access to information concerning the conduct of government, including especially the right of access to the "writings of public officials and agencies." Article I, § 3(b)(2) requires that any statute must be broadly construed if it provides a right of access, and narrowly construed if it limits the right of access.
Please assist us in identifying records that are responsive to this request. As you know, the Public Records Act § 6353.1 imposes affirmative duties on the responding agency to assist the requester in at least three ways:
- identifying records responsive to the request or the purpose of the request;
- describing the information technology and the physical location in which the records exist; and
- providing suggestions for overcoming any practical basis for denial of access to records or information.
If you believe the descriptions of the categories of writings we request above are overly broad, ambiguous, duplicative or otherwise inadequate, please assist us in suggesting revisions to the language of our requests or otherwise suggesting how to clarify the requests so that we can efficiently obtain all of the information we seek without unduly burdening the City's staff.
Please provide the above documents within 10 days pursuant to§ 6253(c) of the Public Records Act. We prefer to review these documents electronically or online. If any of the requested items are available on the Internet, we request that the City direct us to the appropriate web address for accessing the documents. Per Government Code § 6253.9, if the requested documents are in electronic format and are 10 MB or less (or can be easily broken into chunks of
10MB or less), please email them to me at Claire.Collins@lewisbrisbois.com.