August 30, 2019
Via Facsimile, and Regular Mail Fax: (916) 874-8693
Sacramento County Water Agency
827 i11 Street
Sacramento, CA 95814
Public Records Act Request No. 12 - Documents Regarding the Wilton Rancheria Tribe/Elk Grove Town Center, LP, Outlet Collection at Elk µrove/Howard Hughes Corporation/Boyd Gaming (the "Casino Parties") and the Wilton Rancheria's Proposed Tribal Gaming Casino and Hotel (the "Casino") and Request for Special Notice (Govt. Code §65902)
This office represents Patty Johnson, Joe Teixeira, Omar Ahmed, Jr., Xin Guo, and Carolyn Soares, all residents of the City of Elk Grove with an interest in the topics of this request for public records.
Request is made that you provide us with copies of any and all documents and writings in the care, custody, and control of Sacramento County Water Agency (the "Agency" or "SCW A") relating to, or evidencing, in any way, the following subjects. The term "Casino Parties" shall include agents or employees of the Casino Parties.
This request renews my firm's previous Public Records Act requests on February 1, 2017, June 8, 2017, January 15, 2018, February 26, 2018, July 12, 2018, August 30, 2018, January 9, 2019, March 11, 2019, May 23, 2019, and July 16, 2019, and seeks the further production of all documents not previously produced from those dates to the present, as well as any and all documents responsive to the following categories:
• Any and all records in your possession related to the Promenade mall site in Elk Grove, also referred to as the Outlet Collection or Elk Grove Mall; and
• Any and all communications with LAFCO staff and City of Elk Grove, including but not limited to, discussions via e-mails, texts and phone calls relating to the Casino project; sphere of influence studies, or water supply/provider for the Casino from the date of our last public records act request to the present.
• Any and all records in your possession related to applications for, or completed extra-territorial boundary changes since June 2015.
• Any and all documents, communications or records reflecting a willingness to provide water services to the Wilton Rancheria Casino, possibly called the Promenade Project.
• Any and all documents, communications or records reflecting the intent to serve, or actual approved service to the Wilton Rancheria Casino, or Promenade project.
• All documents included with and referenced in the Letter of Transmittal dated June 5, 2019 from Wood Rogers to the Agency regarding the Wilton Rancheria Casino (this one-page document was produced to our office by the Agency in response to the last Public Records Act Request), a copy of which is attached for your convenience.
The documents and files requested are public records within the meaning of Government Code section 6252(e), defined as any writing containing information relating to the conduct of the Agency's business prepared, owned, used, or retained by the Agency regardless of physical form or characteristic. Writings include any handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored. Government Code section 6252(g).
The plural includes the singular, and vice versa, meaning a request for
"all" documents includes a request for a single document (if only one is responsive), and a request for "any" documents includes a request for all documents (if more than one is responsive).
Finally, to the extent that you produce documents to this office that contain redactions, or specific pages are removed from certain communications, we ask that the Agency identify all parties who were copied on, or received, any such redacted documents to justify its claim of privilege. If the attorney-client privilege is not the basis for the redaction, then we ask you to identify what it is. To the extent that the reason for the redaction is because of an asserted privilege, the Agency should identify the document by date, the sender and recipient, and any person who received a copy, and the basis of the claimed privilege, on a per document basis, so that our clients and their attorneys can determine whether the privilege properly applies.
Please respond in writing to this Public Records Act Request within ten (10) days in accordance with Government Code section 6253(c). We understand that there will be a fee for copying the documents responsive to this request, which is required to be paid prior to our receiving said documents.
In addition, this renews my firm's prior request, per Government Code section 65902: we request written notice of all pre-application requests, meetings, hearings, and any and all public agendas, closed sessions, and/or informational items listed on all future agendas for Sacramento County Water Agency pertaining to, and/or addressing, the Casino proposed by the Casino Parties in Elk Grove, or anywhere else in Sacramento County. Thank you.
Brigit S. Barnes
cc: Clients [via email]