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HomeMy WebLinkAboutPRR24162 Souther - Dairy Creek accident Updated 05/2023 City of San Luis Obispo Request for Public Records The California Public Records Act (Government Code . et set.) was enacted to ensure public records are available for inspection by members of the public. Completion of this form will assist staff in identifying related records to accurately complete your request. Requested records will be distributed to the email address that is listed on this form, unless directed otherwise by City staff. Requests for printed records will require payment su Comprehensive Fee Schedule. Payment must be rendered prior to production of printed materials. Souther, Lindsey 06.03.2024 Name: _______________________________________________ Date: ______________________ Last First Address: ________________________________________________________________________ Street & Unit # City State Zip ( Emai l: _____________________________________________ Phone: _______________________ Release Forms Requests for certain public records legally require release forms to be submitted for records to be distributed to the requestor. To help expedite your request, please read below and ensure additional information is submitted along with this public records request form. Personal health information Records containing personal health information require a HIPAA Release Form. Examples HIPAA Release Form Printed residential and/or commercial building plans The Public Records Act does not allow the release of printed copies of this material without the permission of the architect/engineer copyright owner. The public records requestor is responsible for obtaining said authorization by completing all three release forms listed below. You may call the Community Development Department at (805) 781- 7170 to find out the name of the copyright owner. In-person viewing of plans do not require release forms. Copies of Plans Affidavit Plan Request Architect/Engineer Authorization Plan Request Owner Authorization Continued Record Information: List the records you are requesting. Specify relevant information such as: subject, title, incident number, location/address, person(s) involved, project name, etc. PLEASE SEE THE ATTACHED CORRESPONDENCE. Date and Time: Specify the incident date or date and time range of the requested records PLEASE SEE THE ATTACHED CORRESPONDENCE. Questions may be directed to the City -7100. Submit Completed Forms To: cityclerk@slocity.org OR 990 Palm Street San Luis Obispo, CA 93401 YOUR REQUEST WILL BE PROCESSED IN COMPLIANCE WITH THE PUBLIC RECORDS ACT (PRA). California Government Code Section 7921. An Agency shall notify the requestor within 10 days from receipt of request with a Determination which states if the Agency is in possession, in whole or in part, of the requested documents, and possible legal exemptions which prohibit the release of non-disclosable documents, as outlined per the PRA. In some instances, an Agency may require an extension of up to 14 days to provide a Determination, as authorized by the PRA. A notice will be provided to the requestor setting forth the reasons for the extension and the date on which a Determination is expected to be supplied. Sent via Email –cityclerk@slocity.org June 3, 2024 City Clerk’s Office 990 Palm Street San Luis Obispo, CA 93401 Re:PRA REQUEST Dear Sir or Madam: This is a request under the California Public Records Act. Our office represents Samantha Gibbsregarding a golf car accidentthat occurredat SHABANG held at Dairy Creek Golf Course, 2990 Diary Creek Road, San Luis Obispo, California 93405, on May 4, 2024. I am requesting production of the following documents (or documents containing the following information): (1)All documents related any City response to the golf cart accidentthat occurred at SHABANG held at Dairy Creek Golf Course, 2990 Diary Creek Road, San Luis Obispo, California 93405, on May 4, 2024; (2) All documents related to anyCity of San Luis department’s investigation into the golf car accident at SHABANG held at Dairy Creek Golf Course, 2990 Diary Creek Road, San Luis Obispo, California 93405, on May 4, 2024; (3) All documentscontaining complaints from citizens of San Luis Obispo related to safety at the SHABANG Music Festival which occurred at the Dairy Creek Golf Course, 2990 Dairy Creek Road, San Luis Obispo, California 93405, from May 4, 2014, to present; (4) All documents, including email correspondence, communications, draft versions, and/or any other documents related to anycommunications between the City and the organizers of the SHABANG Music Festival from May 4, 2014, to present. (5) All documents related to any accidentsthat occurred on Dairy Creek Golf Course, 2990 Dairy Creek Road, San Luis Obispo, California 93405, from May 4, 2014, to present; (6) All documents that reflectany permits, plans, insurance, emergency plan, or safety analysis provided to the City and/or obtained from the City concerning the SHABANG Music Festival from May 4, 2014, to present; "Public records" that are subject to inspection and copying under the California Public Records Act (CPRA) include any writing containing information relating to the conduct of the Page | 2 public's business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. (Gov. Code §6254, subd. (e).) Public records within the coverage of the California Public Records Act are open to inspection at all times during the office hours of the state or local agency, and every person has a right to inspect any public record except as statutorily provided. Any reasonably segregable portion of a record must be available for inspection by any person requesting the record after deletion of the portions that are exempted by law. (Gov. Code §6254, subd. (e).) The fact that a public record may contain some confidential information does not justify withholding the entire document; if only part of a record is exempt, the agency is required to produce the remainder if segregable. (County of Santa Clara v. Superior Ct. (2009) 170 Cal.App.4th 1301.) Further, these requests are being made on behalf ofSamantha Gibbs who was injured in the golf cart accident that occurred at SHABANG at Dairy Creek Golf Course, 2990 Diary Creek Road, San Luis Obispo, California 93405. As the authorized representative of the victim in this case, the victim is entitled to receive the above-described documentation and information. (Gov. Code §6254, subd. (f)(l).) I ask that this request receives expedited processing. Please produce all responsive documents in electronic form to I am willing to pay fees for this request as appropriate under your processing charges. Thank you for your careful attention to this matter. If you have any questions or concerns, please do not hesitate to contact me at (619) 550-1355. Sincerely, Lindsey Souther, CCLS Paralegal to Jessica Wetzel, Esq. Encl: Authorization to Release Records Attorney Designation with Driver’s License