Chief Rohrbacher Communications RE: Sausalito Army Corps Debris Yard

Dear Robbie,

In accordance with the California Public Records Act, Government Code Section 6250, et seq., (the "Act"), the purpose of this e-mail is to respond to the request for documents you sent to the City of Sausalito and received by us on Tuesday, May 18, 2021 via email. You have requested:

* "All emails within the possession of Chief of Police John Rohrbacher, between August 18th 2019 and May 17th 2021, regarding Sausalito Army Corpse of Engineers (USACE) Debris Yard.

* All emails within the possession of Lieutenant Stacey Gregory, between August 18th 2019 and May 17th 2021, regarding the USACE Debris Yard.

* All emails within the possession of Michael McKinly, between August 18th 2019 and May 17th 2021, regarding the USACE Debris Yard.

* All emails within the possession of Mary Wagner, between August 18th 2019 and May 17th 2021, regarding the USACE Debris Yard.

* All emails with in the possession of Officer Brian Mathers, between August 18th 2019 and May 17th 2021, regarding the USACE Debris Yard"

The City has records in its possession which are retained in the normal course of business which may be responsive to your request. Records that are subject to attorney-client privilege and/or the attorney work product doctrine will not be provided. I will be in touch with you by Friday, May 28, 2021 to let you know when responsive records will be available.

I note that you have requested these documents electronically, and therefore there will not be any fees or charges associated with your request.

If you have any further questions, please feel free to contact me direct.

Sincerely,

[showimage]SERGE AVILA | DEPUTY CITY CLERK/ ADMIN AIDE
City of Sausalito | Administration Department
420 Litho Street, Sausalito, CA 94965
Direct: (415) 289-4165 | Fax: (415) 289-4167

Dear Robbie,
This email is to confirm the receipt of your request and I expect to have a response or update for you by no later than Friday, June 11, 2021.
Please let me know if there are any questions.
Sincerely,

[showimage]SERGE AVILA | DEPUTY CITY CLERK/ ADMIN AIDE
City of Sausalito | Administration Department
420 Litho Street, Sausalito, CA 94965
Direct: (415) 289-4165 | Fax: (415) 289-4167

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Dear Robbie,

I apologize for tardy response our office has been inundated with lots of requests. Staff continues to work on your request, and we kindly request a 14 day extension. You should be hearing from me by June 25, 2021 then, I will provide you with either an update or responsive records.

Thank you for your patience as we continue to work on all your requests.

Sincerely,

[showimage]SERGE AVILA | DEPUTY CITY CLERK/ ADMIN AIDE
City of Sausalito | Administration Department
420 Litho Street, Sausalito, CA 94965
Direct: (415) 289-4165 | Fax: (415) 289-4167

Dear Robbie,

This email is to provide an update on your Public Record Act Request. We continue to work on your request and will need another 14-day extension. I will be in touch with you by July 9, 2021, to provide responsive records or an update on your request.

Sincerely,

[showimage]SERGE AVILA | DEPUTY CITY CLERK/ ADMIN AIDE
City of Sausalito | Administration Department
420 Litho Street, Sausalito, CA 94965
Direct: (415) 289-4165 | Fax: (415) 289-4167

Dear Robbie,

This email is to provide you with an update on your Public Record Act Request. We continue to work on your request I will be in touch with you by July 23, 2021, to provide a response or an update on your request.

Sincerely,

[showimage]SERGE AVILA | DEPUTY CITY CLERK/ ADMIN AIDE
City of Sausalito | Administration Department
420 Litho Street, Sausalito, CA 94965
Direct: (415) 289-4165 | Fax: (415) 289-4167

Dear Robbie,

I apologize for tardy update on your Public Record Request. Staff continues to work on your request, I'll be in touch with you by August 6, 2021, to provide a response or an update on your request.

Thank you for your patience.

Sincerely,

[showimage]SERGE AVILA | ACTING CITY CLERK
City of Sausalito | Administration Department
420 Litho Street, Sausalito, CA 94965
Direct: (415) 289-4165 | Fax: (415) 289-4167

Dear Robbie,

Our Chief of Police was out the office and therefore we had a delay in our process. I will provide a response or an update by August 20, 2021.

Sincerely,

[showimage]SERGE AVILA | ACTING CITY CLERK
City of Sausalito | Administration Department
420 Litho Street, Sausalito, CA 94965
Direct: (415) 289-4165 | Fax: (415) 289-4167

Dear Robbie,

Our office has been inundated with lots of requests and we have had staff changes as well. Your request still is in the system , in cue and I'm waiting to hear from the department that is to produce the records.

I'll give you an update next week and let you know how fast we will have an answer for you.

Thank you for your patience,
Serge

Dear Robbie:

The City of Sausalito ("City) is in receipt of your request seeking:

1. "All emails within the possession of Chief of Police John Rohrbacher, between August 18th 2019 and May 17th 2021, regarding Sausalito Army Corpse of Engineers (USACE) Debris Yard.
2. All emails within the possession of Lieutenant Stacey Gregory, between August 18th 2019 and May 17th 2021, regarding the USACE Debris Yard.
3. All emails within the possession of Michael McKinly, between August 18th 2019 and May 17th 2021, regarding the USACE Debris Yard.
4. All emails within the possession of Mary Wagner, between August 18th 2019 and May 17th 2021, regarding the USACE Debris Yard.
5. All emails with in the possession of Officer Brian Mathers, between August 18th 2019 and May 17th 2021, regarding the USACE Debris Yard"

This letter shall serve as the City's further formal written response to your request under the California Public Records Act (Government Code section 6250 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 Public Records Act provides for the inspection or copying of existing identifiable public records; it does not compel the City to create new records, lists, privilege logs or reports in response to a request.

The City is required to determine whether the request, in whole or in part, seeks copies of disclosable public records. Consistent with that requirement, the City has conducted a search and is providing the documents through the following Dropbox link: https://www.dropbox.com/sh/r3kaglgclegrrrt/AABl7_TWDhhzaIL24R2XnS6Qa?dl=0.

Please note, however, portions of the requested records have been redacted under the public interest exemption, as the public interest in disclosure of personal information was outweighed by the public interest in protecting that information from disclosure. (California Government Code § 6255).] In addition, other records responsive to your request have been withheld under the Attorney-Client Privilege, which are exempted from disclosure pursuant to Government Code 6254(k). (See: Evidence Code sections 952 and 954; Agricultural Labor Relations Bd. v. Superior Court (2016) 4 Cal.App.5th 675, 688.) In addition, records were also withheld under the under the deliberative process privilege as responsive records included pre-decisional communications among policy makers, which on the facts of the particular case, the public interest serves by not making the record public clearly outweighs the public interest served by disclosure. (Government Code § 6255; Citizens for A Better Environment v. Department of Food & Agriculture (1985) 171 Cal.App.3d 704, 717.); Times Mirror Co. v. Superior Court (1991) 53 Cal.3d 1325, 1342.)

The City considers this request fulfilled. If you require any additional information or have any further questions, you may contact the City Clerk's Office at 415-289-4165 or respond to this email.

Sincerely,

[showimage]SERGE AVILA | ACTING CITY CLERK
City of Sausalito | Administration Department
420 Litho Street, Sausalito, CA 94965
Direct: (415) 289-4165 | Fax: (415) 289-4167