Crime Free Housing Program and Nuisance Ordinance Information Request
| Tracking # |
23-499 |
| Submitted | Aug. 2, 2023 |
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Communications
From: Jenny Wadhwa
To Whom It May Concern:
Pursuant to the California Public Records Act, I hereby request the following records:
Any and all records from the past two years (July 2021-July 2023) regarding "crime-free" housing and nuisance property ordinances that will be referred to as “program” and "ordinance" respectively, in this request but could be known (but not limited to) as “Crime Free Housing Program” and "Nuisance Creating Behaviors" as described in Modesto's Code of Ordinances Chapter 12 Article 3.
Please provide any and all written records (including but not limited to hard-copy documents, memos, emails, word processor documents, PDF documents, PowerPoint files, images files, video files etc.) regarding the Program and Ordinance including but not limited to:
• any training/presentation materials used in communication, promotions, workshops, seminars, etc
• criminal background checks performed on prospective tenants
• evictions filed by property owners and number of tenants evicted as a result of the program and ordinance
• suspensions or revocation of a residential rental license, against property owners who fail to comply with the requirements of the ordinance or program
• police calls, reports, citations, or arrests, collected by the municipality police department for the purpose of enforcing the ordinance and program
• meeting minutes and correspondence between municipality officials, regarding the implementation and enforcement of the program and ordinance
• all documents concerning the passage of the nuisance ordinance and any amendments to it, including communications with City elected officials, city staff, and others, and any data relied upon or reviewed as a part of the passage or amendments to the nuisance ordinance since July 2021 to present.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.
Sincerely,
Jenny Wadhwa
From: Modesto Police Department
City of Modesto CA
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Your record request #23-499 has been submitted successfully.
Please be advised that City of Modesto has received your California Public Records Act request. Your request will be processed in compliance with the Public Records Act.
Pursuant to California Government Code § 7922.535, the City shall, within 10 days from receipt of the request, determine whether the request, in whole or in part, will be made available and shall promptly notify the person making the request of the determination and the reasons therefore.
In certain circumstances, the time limit prescribed in this section may be extended by written notice to the person making the request, setting forth the reasons for the extension and the date on which a determination is expected to be dispatched.
Please note that you will be contacted when the information is available. All document duplication fees are due and payable in full and are based on the City’s current fee resolution.
As the requester, you can always see the status of your
request by signing into the City of Modesto CA
portal.
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Once your account is activated, you can communicate directly with the City of Modesto CA through NextRequest.
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From: Modesto Police Department
City of Modesto CA
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A message was sent to you regarding record request #23-499:
The City of Modesto would like to inform you that a 14-day extension is necessary under Gov. Code section 7922.535(c)(3). The City has the need:
* To consult with another agency having substantial interest in the request (such as a state agency), or among two or more components of the local agency (such as two city departments) with substantial interest in the request;
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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Modesto CA.<br><em>Technical support:</em> See our <a href="https://www.nextrequest.civicplus.help/hc/en-us/sections/11652151127447-Requester-Resources">help page</a>
From: Modesto Police Department
City of Modesto CA
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A message was sent to you regarding record request #23-499:
Dear Requester,
This email is in response to your written request for public records received by the City. We are treating your request as a request for public records in accordance with California Government Code Section 7920.000 and following (the California Public Records Act, or “the Act”). The Act requires that public agencies make reasonably identified, non-exempt public records available for inspection or provide copies upon payment of the direct costs of duplication.
The City is required to notify you within ten (10) days whether the requested records will be disclosed. (Gov. Code section 7922.535(a)). On August 14th, the City notified you that we would need an additional 14 days to respond pursuant to Government Code section 7922.535(b). This response fulfills the City’s obligations under the Act. Responsive, non-exempt public records have been recovered and will be provided as soon as possible, after review by the City Attorney’s Office. Once the review has been completed the City will release those documents in a rolling release.
When the City makes those responsive records available to you, it will redact all information determined to be privileged or exempt from disclosure under the CPRA or other applicable law. These redactions will include, but not be limited to: (i) Government Code section 7927.700, 7927.705 (incorporating privacy exemptions found in the United States Constitution and Article 1, section 1 of the California Constitution), which exempts certain private information from disclosure where the release of such records would constitute an unwarranted invasion of personal privacy; (ii) Government code section 7927.500, which allows for “preliminary drafts, notes, or interagency or intra-agency memoranda that are not retained…in the ordinary course of business” to be withheld when the public interest in withholding the records clearly outweighs the public interest in disclosure; (iii) Government Code Section 7922.000 “deliberative process privilege,” implied by California courts from the “public interest exception.” Under this exemption, records containing information which could expose the public agency’s decision making process in such a way as to discourage candid discussion within the agency and undermine its ability to perform its functions are exempt from disclosure; (iv) provisions of the Evidence Code related to privilege.” (Gov. Code § 7927.705.) This provision incorporates records subject to Evidence Code section 954, which exempts lawyer-client communications from disclosure. Government Code section 7927.705also incorporates records subject to Code of Civil Procedure sections 2018.010 through 2018.030, which exempt attorney work product from disclosure. Records responsive to your request are being withheld according to these exemptions. Additionally, records responsive to your request are being withheld according to Government Code section 7927.200, which exempts from disclosure records pertaining to pending litigation or to claims made under the Government Claims Act until the pending litigation or claim has been finally adjudicated or settled; (v) Government Code section 7922.000 or “catch-all exemption”, which exempts records from disclosure where the public interest in nondisclosure clearly outweighs the public interest in disclosure.
The first batch will be released on or before September 21st.
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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Modesto CA.<br><em>Technical support:</em> See our <a href="https://www.nextrequest.civicplus.help/hc/en-us/sections/11652151127447-Requester-Resources">help page</a>
From: Modesto Police Department
City of Modesto CA
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Documents have been released for record request #23-499 along with the following message:
Dear Requester,
This email is in response to your written request for public records received by the City. We are treating your request as a request for public records in accordance with California Government Code Section 7920.000 and following (the California Public Records Act, or “the Act”). The Act requires that public agencies make reasonably identified, non-exempt public records available for inspection or provide copies upon payment of the direct costs of duplication.
The City is required to notify you within ten (10) days whether the requested records will be disclosed. (Gov. Code section 7922.535(a)). On August 14th, the City notified you that we would need an additional 14 days to respond pursuant to Government Code section 7922.535(b). This response fulfills the City’s obligations under the Act. Responsive, non-exempt public records have been recovered and will be provided as soon as possible, after review by the City Attorney’s Office. Once the review has been completed the City will release those documents in a rolling release.
When the City makes those responsive records available to you, it will redact all information determined to be privileged or exempt from disclosure under the CPRA or other applicable law. These redactions will include, but not be limited to: (i) Government Code section 7927.700, 7927.705 (incorporating privacy exemptions found in the United States Constitution and Article 1, section 1 of the California Constitution), which exempts certain private information from disclosure where the release of such records would constitute an unwarranted invasion of personal privacy; (ii) Government code section 7927.500, which allows for “preliminary drafts, notes, or interagency or intra-agency memoranda that are not retained…in the ordinary course of business” to be withheld when the public interest in withholding the records clearly outweighs the public interest in disclosure; (iii) Government Code Section 7922.000 “deliberative process privilege,” implied by California courts from the “public interest exception.” Under this exemption, records containing information which could expose the public agency’s decision making process in such a way as to discourage candid discussion within the agency and undermine its ability to perform its functions are exempt from disclosure; (iv) provisions of the Evidence Code related to privilege.” (Gov. Code § 7927.705.) This provision incorporates records subject to Evidence Code section 954, which exempts lawyer-client communications from disclosure. Government Code section 7927.705also incorporates records subject to Code of Civil Procedure sections 2018.010 through 2018.030, which exempt attorney work product from disclosure. Records responsive to your request are being withheld according to these exemptions. Additionally, records responsive to your request are being withheld according to Government Code section 7927.200, which exempts from disclosure records pertaining to pending litigation or to claims made under the Government Claims Act until the pending litigation or claim has been finally adjudicated or settled; (v) Government Code section 7922.000 or “catch-all exemption”, which exempts records from disclosure where the public interest in nondisclosure clearly outweighs the public interest in disclosure.
The first batch can be found attached. The next batch will be released on or before October 20th.
* Responsive Docs.pdf
* CASES JULY 2021-JULY 2023.pdf
* CPTED Powerpoint 2021 (1).pdf
* CFMHP Powerpoint 2021.pdf
Document links are valid for one month.
After October 21, you will need to sign in to view the document(s).
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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Modesto CA.<br><em>Technical support:</em> See our <a href="https://www.nextrequest.civicplus.help/hc/en-us/sections/11652151127447-Requester-Resources">help page</a>
From: Jenny Wadhwa
Hi,
Thanks so much for your help with this request! I really appreciate it.
Sincerely,
Jenny Wadhwa
From: Modesto Police Department
City of Modesto CA
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A message was sent to you regarding record request #23-499:
Dear Requester,
The City is still in the process of reviewing responsive records and anticipates releasing non-exempt records on 11/13.
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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Modesto CA.<br><em>Technical support:</em> See our <a href="https://www.nextrequest.civicplus.help/hc/en-us/sections/11652151127447-Requester-Resources">help page</a>
From: Modesto Police Department
City of Modesto CA
************************************************************************
A message was sent to you regarding record request #23-499:
Dear Requester,
This email is in response to your written request for public records received by the City. We are treating your request as a request for public records in accordance with California Government Code Section 7920.000 and following (the California Public Records Act, or “the Act”). The Act requires that public agencies make reasonably identified, non-exempt public records available for inspection or provide copies upon payment of the direct costs of duplication.
The City is required to notify you within ten (10) days whether the requested records will be disclosed. (Gov. Code section 7922.535(a)). On August 14th, the City notified you that we would need an additional 14 days to respond pursuant to Government Code section 7922.535(b). This response fulfills the City’s obligations under the Act. Responsive, non-exempt public records have been recovered and have been provided.
There are no more batches. This completes the City's response to this request.
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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Modesto CA.<br><em>Technical support:</em> See our <a href="https://www.nextrequest.civicplus.help/hc/en-us/categories/17720084172567-Requesters">help page</a>
From: Modesto Police Department
City of Modesto CA
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Record request #23-499 has been published and is now available for public view.
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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Modesto CA.<br><em>Technical support:</em> See our <a href="https://www.nextrequest.civicplus.help/hc/en-us/categories/17720084172567-Requesters">help page</a>
From: Modesto Police Department
City of Modesto CA
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Record request #23-499 has been closed. The closure reason supplied was:
The City has provided all responsive, non-exempt records.
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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Modesto CA.<br><em>Technical support:</em> See our <a href="https://www.nextrequest.civicplus.help/hc/en-us/categories/17720084172567-Requesters">help page</a>
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