San Rafael Communications

Good Afternoon Mr. Powelson,

This City is in receipt of your Public Records Act request (“Request”) dated 10/8/2023.

The City intends to cooperate to the fullest extent possible with the Public Records Act (“PRA”) (Government Code section 7920.000 et seq.). Under established California law, the City is obliged to comply with a request for a public record so long as the requestor makes a specific and focused request for information, that information is maintained by the City in its ordinary course of business, the information is disclosable, and the record can be located with reasonable effort. The PRA provides for the inspection or copying of existing identifiable public records; it does not compel the City to respond directly to questions or create new records, lists, or reports in response to a request.

Due to the anticipated significant volume of emails from 1/1/2022 to 10/9/2023, we are wondering whether you might be able to narrow your request somewhat to the particular topic or topics you are interested in.

Please let us know.

Thank you,

Brenna Nurmi, CMC, CPMC | City of San Rafael
DEPUTY CITY CLERK
1400 Fifth Avenue, Room 209
San Rafael, CA 94901
Office: 415.485.3066<tel:(415)%20485-3066>

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Hi Mr. Powelson,

Just checking in again. I don’t know if you saw my first email I sent to you. Please see below thread. Due to the anticipated significant volume of emails from 1/1/2022 to 10/9/2023, we are wondering whether you might be able to narrow your request somewhat to the particular topic or topics you are interested in.

Thank you,
Brenna

Dear Robbie Powelson:

The City of San Rafael (“City”) is in receipt of the Public Records Act request you submitted, received on October 9, 2023 (“Request”).

The City intends to cooperate to the fullest extent possible with the Public Records Act (“PRA”) (Government Code section 7920.000 et seq.). Under established California law, the City is obliged to comply with a request for a public record so long as the requestor makes a specific and focused request for information, that information is maintained by the City in its ordinary course of business, the information is disclosable, and the record can be located with reasonable effort. The PRA provides for the inspection or copying of existing identifiable public records; it does not compel the City to respond directly to questions or create new records, lists, or reports in response to a request.

The City is typically afforded ten (10 days) from the date of receipt of your request to make a determination whether your request seeks disclosable public records. In accordance with the California Public Records Act, pursuant to Government Code section 7922.535(b), the City will require an extension of that deadline of up to an additional fourteen (14) days to make such a determination due to the following:

1. The need to search for and collect the requested records from facilities separate from the office processing the request.
2. The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records that are demanded in a single request.
3. The need for consultation with another City department that has substantial interest in the response to the request.

Accordingly, the City will determine whether it possesses records responsive to your Request on or before November 2, 2023. If you have any questions regarding the City’s response or would like to discuss your Request, please contact the City Clerk’s Office at: city.clerk@cityofsanrafael.org<mailto:city.clerk@cityofsanrafael.org>

Thank you,

Brenna Nurmi, CMC, CPMC | City of San Rafael
DEPUTY CITY CLERK II
1400 Fifth Avenue, Room 209
San Rafael, CA 94901
Office: 415.485.3066<tel:(415)%20485-3066>

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Good Afternoon,

This is in follow up to my 10/19 email to you regarding your Public Records Act request (“Request”) that the City received on 10/09. Attached is the first batch of records responsive to your Request.
The City has determined that it possesses non-exempt records responsive to your Request. The City has redacted certain documents that contain private information, the disclosure of which would constitute an unwarranted invasion of personal privacy and/or violation of third-party rights pursuant to Article 1, Section 1 of the California Constitution. (Gov. Code § 7922.000; City of San Jose v. Superior Court (1999) 74 Cal. App. 4th 1008.)

The City is continuing to review records for responsiveness and privilege. Review is ongoing. The City will endeavor to provide a second batch of responsive records on or before 11/16/2023.

[​Folder icon] https://cityofsanrafael-my.sharepoint.com/:f:/g/personal/brennan_cityofsanrafael_org/ElsRBHR5-6dBnuidFeydNI8BT-vLCg8iyJPS2UBDzC31FA?email=152988-98216569%40requests.muckrock.com&e=ZJYAty

Thank you,

Brenna Nurmi, CMC, CPMC | City of San Rafael
DEPUTY CITY CLERK II
1400 Fifth Avenue, Room 209
San Rafael, CA 94901
Office: 415.485.3066<tel:(415)%20485-3066>

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Please note: City Hall and most departments/facilities will be closed from December 25th through January 1st. We will resume all services on Tuesday, January 2, 2024

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Good Afternoon,

This is in follow up to my 10/19 email to you regarding your Public Records Act request (“Request”) that the City received on 10/09. Attached is the second batch of records responsive to your Request.
The City has determined that it possesses non-exempt records responsive to your Request. The City has redacted certain documents that contain private information, the disclosure of which would constitute an unwarranted invasion of personal privacy and/or violation of third-party rights pursuant to Article 1, Section 1 of the California Constitution. (Gov. Code § 7922.000; City of San Jose v. Superior Court (1999) 74 Cal. App. 4th 1008.)

The City is continuing to review records for responsiveness and privilege. Review is ongoing. The City will endeavor to provide a third batch of responsive records on or before 11/30/2023.

[​Folder icon] https://cityofsanrafael-my.sharepoint.com/:f:/g/personal/brennan_cityofsanrafael_org/Ej5CaK9HQ1BOgTiNukjjYSABSp8o7wmT3_uYJ-mwayEDNA?email=152988-98216569%40requests.muckrock.com&e=SQPeQ6

Thank you,

Brenna Nurmi, CMC, CPMC | City of San Rafael
DEPUTY CITY CLERK II
1400 Fifth Avenue, Room 209
San Rafael, CA 94901
Office: 415.485.3066<tel:(415)%20485-3066>

[Logo on White]

Please note: City Hall and most departments/facilities will be closed from December 25th through January 1st. We will resume all services on Tuesday, January 2, 2024

Good Afternoon,

This is in follow up to my 10/19 email to you regarding your Public Records Act request (“Request”) that the City received on 10/09. Attached is the third batch of records responsive to your Request.
The City has determined that it possesses non-exempt records responsive to your Request. The City redacted certain personal and medical information the disclosure of which would constitute an unwarranted invasion of privacy. (Gov. Code § 7927.700.) Also, the City redacted the faces of members of the public, as the public interest in withholding such information outweighs the public interest in disclosure. (Gov. Code § 7922.000.)

The City is continuing to review records for responsiveness and privilege. Review is ongoing. The City will endeavor to provide a fourth batch of responsive records on or before 12/14/2023.

[​Folder icon] https://cityofsanrafael-my.sharepoint.com/:f:/g/personal/brennan_cityofsanrafael_org/EtoKoT81oNREgdyC2ejxETABXlmraKiAH15LiDuCwkKg0w?email=152988-98216569%40requests.muckrock.com&e=9qAScQ

Thank you,

Brenna Nurmi, CMC, CPMC | City of San Rafael
DEPUTY CITY CLERK II
1400 Fifth Avenue, Room 209
San Rafael, CA 94901
Office: 415.485.3066<tel:(415)%20485-3066>

[Logo on White]

Please note: City Hall and most departments/facilities will be closed from December 25th through January 1st. We will resume all services on Tuesday, January 2, 2024

Hello –

This is in follow up to your Public Records Act request (“Request”) emailed to the City of San Rafael on 10/8/2023.

As indicated in the City’s 11/30/2023 correspondence, the City now provides a fourth batch of non-exempt records responsive to your Request at the following link: [​pdf icon] Carl Huber emails Jan-June 2022.pdf-batch 4_Redacted.pdf<https://cityofsanrafael-my.sharepoint.com/:b:/g/personal/laraineg_cityofsanrafael_org/EZlEOiMGeqZLqRPUwr6Q9agBL50Nz49nDesO4-PbglWAmg?e=e6o8CW>. The City redacted certain personal and medical information the disclosure of which would constitute an unwarranted invasion of privacy. (Gov. Code § 7927.700.) The City also redacted certain confidential investigatory information pursuant to Gov. Code § 7923.600(a). In addition, the City determined that a portion of these records are exempt from disclosure under Gov. Code §§ 7927.705 and 7922.000 as they are protected by the attorney-client privilege and/or deliberative process privilege.

The City is continuing to review records for responsiveness and privilege. Review is ongoing. As such, records continue to be provided on a rolling basis. Due to the closure of City Hall during the week of 12/25/2023, the City will endeavor to provide a fifth batch of responsive records on or before 1/4/2024.

Laraine K. Gittens | City of San Rafael
Legal Assistant
Office of the City Attorney
1400 5th Avenue
San Rafael, CA 94901
Tel: (415) 485-3080
Fax: (415) 485-3109

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CONFIDENTIALITY NOTICE:
This email and any attached files are CONFIDENTIAL and PRIVILEGED, intended only for the use of the individual or entity named as the recipient. If you have received this email in error, please destroy it and notify the sender by reply to laraine.gittens@cityofsanrafael.org<mailto:laraine.gittens@cityofsanrafael.org>. Thank you.

Please note: City Hall and most departments/facilities will be closed from December 25th through January 1st. We will resume all services on Tuesday, January 2, 2024.

Good Afternoon,

This is in follow up to my 10/19 email to you regarding your Public Records Act request (“Request”) that the City received on 10/09. Please see the link below for the fifth batch of records responsive to your Request. (My co-worker sent to you the fourth batch of records responsive to your Request on 12/14).
The City redacted certain personal and medical information the disclosure of which would constitute an unwarranted invasion of privacy. (Gov. Code § 7927.700.) The City also redacted certain confidential investigatory information pursuant to Gov. Code § 7923.600(a). In addition, the City determined that a portion of these records are exempt from disclosure under Gov. Code §§ 7927.705 and 7922.000 as they are protected by the attorney-client privilege and/or deliberative process privilege.

The City is continuing to review records for responsiveness and privilege. Review is ongoing. The City will endeavor to provide a sixth batch of responsive records on or before 01/18/2024.

[​Folder icon] https://cityofsanrafael-my.sharepoint.com/:f:/g/personal/brennan_cityofsanrafael_org/EkdQrZlIZkJDk8NFObu95qcBfFiw-YthAPiC2OfkYdolAw?email=152988-98216569%40requests.muckrock.com&e=zuVsDk

Thank you,

Brenna Nurmi, CMC, CPMC | City of San Rafael
DEPUTY CITY CLERK II
1400 Fifth Avenue, Room 209
San Rafael, CA 94901
Office: 415.485.3066<tel:(415)%20485-3066>

[Logo on White]

Good Afternoon,

This is in follow up to my 10/19 email to you regarding your Public Records Act request (“Request”) that the City received on 10/09. Please see the link below for the sixth batch of records responsive to your Request.
The City redacted certain personal and medical information the disclosure of which would constitute an unwarranted invasion of privacy. (Gov. Code § 7927.700.) The City also redacted certain confidential investigatory information pursuant to Gov. Code § 7923.600(a). In addition, the City determined that a portion of these records are exempt from disclosure under Gov. Code §§ 7927.705 and 7922.000 as they are protected by the attorney-client privilege and/or deliberative process privilege.
[​Folder icon] https://cityofsanrafael-my.sharepoint.com/:f:/g/personal/brennan_cityofsanrafael_org/Ehn-3HjcJupMg1USiXl8F9sBPtr6rySg8V5X150Tszhh4Q?email=152988-98216569%40requests.muckrock.com&e=QWfm2Z

The City is continuing to review records for responsiveness and privilege. Review is ongoing. The City will endeavor to provide a seventh batch of responsive records on or before 02/01/2024.

Thank you,

Brenna Nurmi, CMC, CPMC | City of San Rafael
DEPUTY CITY CLERK II
1400 Fifth Avenue, Room 209
San Rafael, CA 94901
Office: 415.485.3066<tel:(415)%20485-3066>

[Logo on White]

Hello –

Please see the attached seventh batch of records responsive to your Public Records Act request received by the City of San Rafael on 10/9/2023. The City redacted certain confidential investigatory information pursuant to Gov. Code § 7923.600(a).

The City is continuing to review records for responsiveness and privilege. Review is ongoing. The City will endeavor to provide an eighth batch of responsive records on or before 02/15/2024.

Laraine K. Gittens | City of San Rafael
Legal Assistant
Office of the City Attorney
1400 5th Avenue
San Rafael, CA 94901
Tel: (415) 485-3080
Fax: (415) 485-3109

[Logo_on_white]

CONFIDENTIALITY NOTICE:
This email and any attached files are CONFIDENTIAL and PRIVILEGED, intended only for the use of the individual or entity named as the recipient. If you have received this email in error, please destroy it and notify the sender by reply to laraine.gittens@cityofsanrafael.org<mailto:laraine.gittens@cityofsanrafael.org>. Thank you.

Good Afternoon,

This is in follow up to my 10/19 email to you regarding your Public Records Act request (“Request”) that the City received on 10/09. Please see attachment for the eighth batch of records responsive to your Request. My co-worker sent you the seventh batch on 02/02/24.
The City redacted certain confidential investigatory information pursuant to Gov. Code § 7923.600(a).

The City is continuing to review records for responsiveness and privilege. Review is ongoing. The City will endeavor to provide a ninth batch of responsive records on or before 02/29/2024.

Thank you,

Brenna Nurmi, CMC, CPMC | City of San Rafael
DEPUTY CITY CLERK II
1400 Fifth Avenue, Room 209
San Rafael, CA 94901
Office: 415.485.3066<tel:(415)%20485-3066>

[Logo on White]

Good Afternoon,

This is in follow up to my 10/19 email to you regarding your Public Records Act request (“Request”) that the City received on 10/09. Please see attachment for the ninth batch of records responsive to your Request. The City redacted certain confidential investigatory information pursuant to Gov. Code § 7923.600(a). The City also redacted certain personnel and medical information the disclosure of which would constitute an unwarranted invasion of employees’ privacy. (Gov. Code § 7927.700.)

The City is continuing to review records for responsiveness and privilege. Review is ongoing. The City will endeavor to provide a tenth batch of responsive records on or before 03/14/2024.

Thank you,

Brenna Nurmi, CMC, CPMC | City of San Rafael
DEPUTY CITY CLERK II
1400 Fifth Avenue, Room 209
San Rafael, CA 94901
Office: 415.485.3066<tel:(415)%20485-3066>

[Logo on White]

Hello –

This is in follow up to the 2/29/2024 email below from Deputy City Clerk Brenna Nurmi regarding your Public Records Act request (“Request”) to the City of San Rafael, which was received on 10/9/2023.

Please see the attached tenth batch of records responsive to your Request. The City redacted certain attorney-client communications which are exempt from disclosure pursuant to Gov. Code section 7927.705.

The City is continuing to review records for responsiveness and privilege. Review is ongoing. The City will endeavor to provide an eleventh batch of responsive records on or before 03/28/2024

Laraine K. Gittens | City of San Rafael
Legal Assistant
Office of the City Attorney
1400 5th Avenue
San Rafael, CA 94901
Tel: (415) 485-3080
Fax: (415) 485-3109

[Logo_on_white]

CONFIDENTIALITY NOTICE:
This email and any attached files are CONFIDENTIAL and PRIVILEGED, intended only for the use of the individual or entity named as the recipient. If you have received this email in error, please destroy it and notify the sender by reply to laraine.gittens@cityofsanrafael.org<mailto:laraine.gittens@cityofsanrafael.org>. Thank you.

Good Afternoon,

Please see attached the next batch of records responsive to your Public Records Act request received by the City of San Rafael on 10/9/2023. The City redacted certain confidential investigatory information pursuant to Gov. Code § 7923.600(a). The City also redacted certain attorney-client communications which are exempt from disclosure pursuant to Gov. Code section 7927.705. The City redacted certain personal and medical information the disclosure of which would constitute an unwarranted invasion of privacy and/or violation of third-party rights pursuant to Article 1, Section 1 of the California Constitution. (Gov. Code § 7927.700.) Complainant identifying information has been redacted under the balancing test of the Public Records Act as the public interest in the nondisclosure of the complainant’s personal information clearly outweighs the public interest in disclosure of the unredacted record. (Gov. Code section 7922.000); City of San Jose v. Superior Court (1999) 74 Cal. App. 4th 1008.)

The City is continuing to review records for responsiveness and privilege. Review is ongoing. The City will endeavor to provide a 12th batch of responsive records on or before 04/11/2024.

Thank you,

Brenna Nurmi, CMC, CPMC | City of San Rafael
DEPUTY CITY CLERK II
1400 Fifth Avenue, Room 209
San Rafael, CA 94901
Office: 415.485.3066<tel:(415)%20485-3066>

[Logo on White]

Good Afternoon,

Please see attached the next batch of records responsive to your Public Records Act request received by the City of San Rafael on 10/9/2023. The City redacted certain confidential investigatory information pursuant to Gov. Code § 7923.600(a). The City also redacted certain attorney-client communications which are exempt from disclosure pursuant to Gov. Code section 7927.705. The City redacted certain personal and medical information the disclosure of which would constitute an unwarranted invasion of privacy and/or violation of third party rights pursuant to Article 1, Section 1 of the California Constitution. (Gov. Code § 7927.700.) Complainant identifying information has been redacted under the balancing test of the Public Records Act as the public interest in the nondisclosure of the complainant’s personal information clearly outweighs the public interest in disclosure of the unredacted record. (Gov. Code section 7922.000); City of San Jose v. Superior Court (1999) 74 Cal. App. 4th 1008.)

The City is continuing to review records for responsiveness and privilege. Review is ongoing. The City will endeavor to provide the next batch of responsive records on or before 04/25/2024.

Thank you,

Brenna Nurmi, CMC, CPMC | City of San Rafael
DEPUTY CITY CLERK II
1400 Fifth Avenue, Room 209
San Rafael, CA 94901
Office: 415.485.3066<tel:(415)%20485-3066>

[Logo on White]

Good Afternoon,

Please see attached the next batch of records responsive to your Public Records Act request received by the City of San Rafael on 10/9/2023. The City redacted certain confidential investigatory information pursuant to Gov. Code § 7923.600(a). The City also redacted certain attorney-client communications which are exempt from disclosure pursuant to Gov. Code section 7927.705. The City redacted certain personal and medical information the disclosure of which would constitute an unwarranted invasion of privacy and/or violation of third party rights pursuant to Article 1, Section 1 of the California Constitution. (Gov. Code § 7927.700.)

The City is continuing to review records for responsiveness and privilege. Review is ongoing. The City will endeavor to provide the next batch of responsive records on or before 05/09/2024.

Thank you,

Brenna Nurmi, CMC, CPMC | City of San Rafael
DEPUTY CITY CLERK II
1400 Fifth Avenue, Room 209
San Rafael, CA 94901
Office: 415.485.3066<tel:(415)%20485-3066>

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