Request #RT-16869
  Open
VIA ONLINE SUBMISSION AND CERTIFIED MAIL – RETURN RECEIPT REQUESTED Arlette Flores-Medina Open Government Coordinator The City of Oakland 1 Frank Ogawa Plaza, 6th Floor Oakland, CA 94612 Re: California Public Records Act Request Dear Ms. Flores-Medina: This is a request for public records under the California Public Records Act (the “Act”). This public records request is directed to City of Oakland Councilmembers Dan Kalb, Abel Guillén, Lynette Gibson McElhaney, Annie Campbell Washington, Noel Gallo, Desley Brooks, Larry Reid, and Rebecca Kaplan, hereinafter referred to collectively as “City of Oakland Councilmembers,” and any and all of their staff. Pursuant to Government Code § 6253, we respectfully request the disclosure of any and all of the following documents, voicemails, emails, text messages, and any other writings from any device or account owned or operated by City of Oakland Councilmembers or any of their staff, including any private device or account, as required by the Act: 1. Communications by and between the City of Oakland Councilmembers or any of their staff and Ms. Zoe Chafe between January 1, 2014 and the date of this letter regarding any matters concerning: a) The retention of Ms. Zoe Chafe to assist the City of Oakland Councilmembers or any of their staff or Environmental Science Associates or any of their staff regarding their work to review and evaluate the health or safety impacts associated with the use of, or efforts to prevent the use of, the rail terminal or the marine terminal to be developed at the former Oakland Army Base for the export of any substance, including without limitation, coal, pet coke, petroleum based products, heirloom grains, pot ash, soda ash, borax, iron ore, copper concentrate, and distiller’s dried grains with solubles. 2. Any other documentation, including but not limited to notes, memoranda, or calendar entries, prepared by or for the City of Oakland Councilmembers regarding any matters concerning: a) The retention of Ms. Zoe Chafe to assist the City of Oakland Councilmembers or any of their staff or Environmental Science Associates or any of their staff regarding their work to review and evaluate the health or safety impacts associated with the use of, or efforts to prevent the use of, the rail terminal or the marine terminal to be developed at the former Oakland Army Base for the export of any substance, including without limitation, coal, pet coke, petroleum based products, heirloom grains, pot ash, soda ash, borax, iron ore, copper concentrate, and distiller’s dried grains with solubles. Pursuant to the Act, we look forward to a prompt response within ten days of receipt of this request. Please let us know at your earliest possible convenience regarding any copying charges related to this request. Thank you for your time and attention in this matter. If you need any additional information, please do not hesitate to contact me at the phone number, email, or facsimile listed above. Sincerely, Kristin A. Nichols

Received

August 17, 2016 via web


Due

September 10, 2016


Departments

Council District 3 - Lynette Gibson McElhaney

Documents

Public

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Staff

Point of Contact

Susan A. Sanchez

External Message Public
Dear Requester, Some redaction has been made to the posted records and two records have been withheld pursuant to the personnel/privacy exemption at Government Code section 6254(c) which exempts from disclosure "personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy." A personal phone number and address have also been redacted pursuant to the constitutional rights of privacy and to protect against identity theft per Government Code Section 6254(c)
November 3, 2016, 2:13pm by Oliver Luby (Staff)
Document(s) Added Staff Only
Chafe_Zoe_12.21.15_TCSE_-_kalb.pdf

November 3, 2016, 2:09pm
Document(s) Added Staff Only
Zoe_Chafe_CV_2015_Redacted.pdf

November 3, 2016, 2:02pm
Document(s) Added Staff Only
12.31.15_memo.pdf

November 1, 2016, 5:01pm
External Message Public
CM Gallo's office has no responsive records.
November 1, 2016, 11:15am by Victoria Herrera (Staff)
External Message Public
The Office of CM Kalb has redacted some personal phone numbers from the posted responsive records pursuant to the constitutional rights of privacy and to protect against identity theft per Government Code Section 6254(c). We are continuing to review our records for additional responsive records and will post them on a rolling basis.
October 25, 2016, 3:43pm by Oliver Luby (Staff)
Document(s) Added Staff Only
Kalb_binder_1.pdf

October 25, 2016, 3:41pm
External Message Public
This past summer, I submitted the following three public records requests to the City of Oakland: (1) Public Records Request #16353 (dated July 18, 2016); (2) Public Records Request #16354 (dated July 18, 2016); and (3) Public Records Request #16869 (dated August 17, 2016). As detailed below, the City of Oakland has failed to comply with its statutory obligation to “make the records promptly available” in accordance with the California Public Records Act (the “Act”). Government Code § 6253(b). As a result, the City of Oakland must immediately provide all responsive documents related to the above public records requests. The following is a brief summary of each public records request to which the City of Oakland has failed to adequately respond: Public Records Request #16353 On July 18, 2016, I submitted Public Records Request #16353 to the City of Oakland Councilmembers, which sought the following: (1) communications or other documentation related to the use of, or efforts to prevent the use of, the rail terminal or the marine terminal to be developed at the former Oakland Army Base for coal or other exports, transportation of any bulk commodity from any terminal to be developed at the former Oakland Army Base, the Oakland Bulk and Oversized Terminal, the California Capital and Investment Group, and Senate Bill 1277 or 1279; (2) communications or other documentation related to the proposed Ordinance and Resolution publicly announced by the City on June 24, 2016 and noticed for hearing and initially approved through the first City Council vote on June 27, 2016; and (3) any and all writings related to any analysis by Environmental Science Associates regarding the bulk commodity terminal proposed for the West Gateway portion of the Oakland Global Trade and Logistics Center and potential operations threats. Despite submitting this request over three months ago, I have not received a single document in response to my request. Instead, on August 2, 2016, I was informed by Councilmember Kalb’s staff that responsive documents would be provided to me by the end of September of 2016 and that I would receive an update on the status of the request in late August. I never received an update on the status of the request, nor did I receive any documents at the end of September. On October 19, 2016, I sent a follow-up email to Councilmember Kalb’s staff requesting an updated estimate of the timeline for production of any responsive documents. As of the date of this letter, I have not received any responsive documents or even an updated estimate of when the City intends to produce any documents in response to Public Records Request #16353. Public Records Request #16354 On July 18, 2016, I submitted Public Records Request #16354 to the City of Oakland Administrator, which sought the following: (1) communications or other documentation related to the use of, or efforts to prevent the use of, the rail terminal or the marine terminal to be developed at the former Oakland Army Base for coal or other exports, transportation of any bulk commodity from any terminal to be developed at the former Oakland Army Base, the Oakland Bulk and Oversized Terminal, the California Capital and Investment Group, and Senate Bill 1277 or 1279; (2) communications or other documentation related to the proposed Ordinance and Resolution publicly announced by the City on June 24, 2016 and noticed for hearing and initially approved through the first City Council vote on June 27, 2016; and (3) any and all writings related to any analysis by Environmental Science Associates regarding the bulk commodity terminal proposed for the West Gateway portion of the Oakland Global Trade and Logistics Center and potential operations threats. On July 22, 2016, the City of Oakland began posting responsive documents to RecordTrac. As part of its response, the City sent a spreadsheet that directed me to other public records requests related to coal exports from the Oakland Army Base. On August 3, 2016, I posted a note in RecordTrac to inform the City that I was unable to obtain all the responsive documents because some of the documents were either sent directly to the requester or were inaccessible due to a broken link. I also followed up with the point of contact listed on RecordTrac via email on August 9, 2016. On October 4, 2016, after receiving no response to my several emails requesting updates on the status of the City’s response to my request, I was informed that the data searches would be completed within a week (i.e., by October 11, 2016). I have not yet received any additional response or documents from the City of Oakland in response to my follow up on Public Records Request #16354. Public Records Request #16869 On August 17, 2016, I submitted Public Records Request #16869 to the City of Oakland Councilmembers, which sought communications and other documentation related to Environmental Science Associates’ review and evaluation of the health and safety impacts associated with the use of, or efforts to prevent the use of, the rail terminal or the marine terminal to be developed at the former Oakland Army Base for coal or other exports, including documentation of all payments by the City of Oakland to Ms. Zoe Chafe. On September 8 and 10, 2016, I received responses from City Councilmembers Kaplan and Washington, respectively. On September 23, 2016, I was informed by staff for Councilmember Kalb that responsive records would be posted to RecordTrac between early to mid-October. When I did not receive the promised response from Councilmember Kalb’s office by mid-October, I sent a follow-up email to Councilmember Kalb’s staff on October 19, 2016. I have not received a response to my October 19, 2016 email. As of the date of this letter—more than two months after my initial request—I have not received any additional response or documents from the City of Oakland. The Act requires prompt disclosure of public records in recognition that “access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state.” Government Code § 6250. Although the Act provides a limited extension of time beyond the 10-day statutory deadline for responding to a public records request “in unusual circumstances,” the Act cannot be used as a tool “to delay or obstruct the inspection or copying of public records.” Id. § 6253(c), (d). Due to the City’s failure to make its public records “promptly” available for inspection, the City of Oakland is currently in violation of the Act. Id. § 6253(b). Therefore, I request the immediate release of all responsive documents related to Public Records Request #16353, #16354, and #16869. See id. § 6259 (authorizing legal action for improper withholding of public records from members of the public, including an award for court costs and attorneys’ fees).
October 24, 2016, 3:48pm by the requester
External Message Public
Councilmember Kalb's office is still working on responding to this request. We anticipate that we can begin posting responsive records in early October and will complete posting records by mid-October.
September 23, 2016, 5:53pm by Oliver Luby (Staff)
Document(s) Added Staff Only
VM_ACW_16869_2.pdf

September 10, 2016, 9:43am
Document(s) Added Staff Only
VM_ACW_16869_1.pdf

September 10, 2016, 9:42am
External Message Public
CM Kaplan's office has no responsive records.
September 8, 2016, 2:52pm by Sheng Thao (Staff)
External Message Public
In an effort to simplify the search, can you provide me with Ms. Chafe's email address? My email address is provided.
September 6, 2016, 5:11pm by Sidney Wilson (Staff)
External Message Public
Request extended:Additional time is required to answer your public records request. We need to search for, collect, or examine a large number of records (Government Code Section 6253(c)(2)).
August 29, 2016, 5:59pm by Olga Bolotina (Staff)
External Message Public
Distributed to Council's Liaison
August 17, 2016, 10:16am by Susan A. Sanchez, Executive Assistant to City Council (Staff)