California Public Records Act - Request Correspondence Related to the Olivia Project Extension

By Clayton Watch

City Manager Reina Schwartz, City of Clayton

Under the California Public Records Act § 6250 et seq., I am requesting an opportunity to inspect or obtain copies of public records with respect to all correspondence between and among all Plannings Commissioners, all Councilmembers, City Manager, Community Development Director, planning staff and Bill Jordan from January 1, 2021 through July 20, 2021, excluding planning commission and city council agendas. This would include, but would be not be limited to, all correspondence related to the Olivia project extension.

Correspondence above would include all emails, voicemails, texts, faxes, memos and letters.

I am also requesting the dates, times, locations, topics discussed, agendas, meeting materials, handouts of all meetings, including Video and Zoom Meetings, including but not limited to all meetings related to the Olivia project extension,.between and among all Councilmembers, all Commissioners, City Manager, Community Development Director, planning staff and Bill Jordan, excluding regularly scheduled commission meetings and council meetings, from March 1, 2021 through July 20,2021.

I am also requesting a copy of the memo distributed to commissioners by the city attorney related to the Olivia project extension in May 2021. Since Commissioner Ed Miller has made the content of this memo public on social media, Nextdoor, it is not longer a confidential memo. Commissioner Miller's quote on social media: "Yes, I voted to approve the extension. However, I did so on the advice of the city manager and city attorney that if the PC did deny the request that we would likely lose if the applicant sued (just as the private citizens’ lawsuit had previously failed on all disputed grounds to overturn the approval of The Olivia). The city would also be out the money to pay for our legal defense, and might have had to pay for some or all of the plaintiff's legal expenses as well".

In addition, I am requesting the date, time, place and method the following information was transmitted to Commissioner Miller by the city manager and city attorney. Commissioner Miller's quote on social media: "Yes, I voted to approve the extension. However, I did so on the advice of the city manager and city attorney that if the PC did deny the request that we would likely lose if the applicant sued (just as the private citizens’ lawsuit had previously failed on all disputed grounds to overturn the approval of The Olivia). The city would also be out the money to pay for our legal defense, and might have had to pay for some or all of the plaintiff's legal expenses as well".

The California Public Records Act requires a response within ten business days If access to the records I am requesting will take longer, please contact me with information about when I might expect copies or the ability to inspect the requested records.

If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available to me under the law.

Thank you for considering my request.

Sincerely,

William Walcutt

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