May 5,
2004
Office of
the City Attorney
Attention:
Supervisor of Records
City Hall,
Room 234
1 Dr.
Carlton B. Goodlett Place
San
Francisco, CA 94102
Donna L.
Hall,
Administrator
of the
Sunshine
Ordinance Task Force
City Hall,
Room 244,
1 Dr.
Carlton B. Goodlett Place
San
Francisco, CA 94102
Re: California Public
Records Act (CPRA) request in regards to the current, past, or present
recipients of Environmental Justice Grant Funds or other funds from the City
and County of San Francisco and its Department of Environment
As you are probably
aware, CAlifornians for Renewable Energy, Inc. (CARE) brought a civil rights
complaint (file#03-003-HQ) against the City and County of San Francisco (CCSF)
with the US Department of Energy (US DOE) Office of Civil Rights and Diversity
for actions it has taken to date to site the four Williams Peakers in the
southeastern section of San Francisco. The federal authorities have taken the
complaint seriously enough for them to turn it over to the US Department of
Justice. I’ve spoken to the attorney coordinating this matter a Mr.
Sebastain Aloot (202) 305-9349 and he has assured me the US DOJ is taken this
matter very seriously, and asked that I forward him any new information that we
might disclose during the pendency of their investigation. I also informed him
of recent efforts to site the peakers at the Mirant power plant site, objecting
to the siting of these Peakers in the southeastern section because it will
allow the continued perpetration of disparate impacts on the affected community
which violates the Civil Rights Act of 1964, 28 U.S.C. § 1447, 42 U.S.C.
§§ 1971, 1975a–1975d, 2000a– 2000h-6. The purpose of this
request is to disclose any new information relevant to CARE’s and the US
DOJ’s investigations.
I hereby submit this
written request under the California Public Records Act to allow the review and
copy of each and every communication document recording or other public records
in your possession in regards to the current, past, or present recipients of
Environmental Justice Grant Funds, or other funds, from the City and County of
San Francisco and its Department of Environment (SFE).
PLEASE TAKE NOTICE
OF THE FOLLOWING LEGAL AUTHORITY ON WHICH REQUESTER IS RELYING AND WILL RELY
REGARDING THE CPRA:
- The CPRA requires a
determination by an agency receiving a written request, with written
notice to the CPRA requestor of the determination, within 10 days of
the request. (Gov. Code Sec. 6253(a).)
- The CPRA defines the public
record as "any writing containing information relating to the conduct
of the public’s business prepared, owned, used or retained by any
state or local agency regardless of physical form or
characteristics." (Gov. Code Sec. 6252(d).)
- A CPRA request may not be
limited or ignored even when discovery is available to obtain the
requested public records, regardless of the requestor’s purpose for
seeking the information requested.
- In enacting the CPRA, the
California Legislature has expressly stated, "access to information
concerning the conduct of the people’s business is a fundamental and
necessary right of every person in this state." (Gov. Code sec.
6250.) And the California Supreme Court has held that the explicit purpose
of the CPRA is to increase freedom of information by giving the public
access in possession of public agencies, which requires a narrow
construction of the CPRA exemptions with the burden on the agency to prove
those exemptions exist in a particular case. (Fairley v. Superior Court
(1998) 66 Cal.App.4th 1414, 1419-20; see also Times Mirror Co v. Superior
Court (1991) 53 Cal.3d 1325.)
Respectfully submitted.
_________________________
Michael E. Boyd – President, CARE
5439 Soquel Drive
Soquel, California 95073
(831) 465-9809
DEFINITIONS AND
INSTRUCTIONS
A. Definitions
1. “CCSF” means the City and County of San Francisco.
2. “SFE” means City and County of San Francisco Department of Environment.
3. “CT” 45 MW gas fired combustion turbine received by CCSF as part of a settlement agreement between the Williams Energy Services, and the California Parties, before the Federal Energy Regulatory Commission, the California Parties being the Governor, Attorney General, Electricity Oversight Board, California Public Utilities Commission, and the two investor owned regulated utilities Southern California Edison and Pacific Gas and Electric Company.
4. “PG&E” means Pacific Gas and Electric Company.
5. “BVHP” means the Bay View Hunters Point community located in southeast San Francisco.
6. “Communication(s)” includes all verbal and written communications of every kind, including but not limited to telephone calls, conferences, and correspondence, and all memoranda concerning the requested communication.
7. “Document(s)” refers to all writings and records of every type in your possession, control, or custody, including but not limited to: testimony and exhibits, memoranda, correspondence, letters, reports (including drafts, preliminary, intermediate, and final reports), surveys, analyses, studies (including economic and market studies), summaries, comparisons, tabulations, charts, books, pamphlets, photographs, maps, bulletins, corporate or other minutes, notes, diaries, log sheets, ledgers, transcripts, microfilm, microfiche, computer data, computer files, computer tapes, computer inputs, computer outputs and printouts, vouchers, accounting statements, budgets, workpapers, engineering diagrams (including "one-line" diagrams), mechanical and electrical recordings, telephonic and telegraphic communications, speeches, and all other records, written, electrical, mechanical, or otherwise and drafts of any of the above.
“Document(s)” includes the following:
a. copies of documents, where the originals are not in your possession, custody or control;
b. every copy of a document which contains handwritten or other notations or which otherwise does not exactly duplicate the original or any other copy.
c. any attachments or appendices to any document.
8. “Identification” and “identify”:
a. when used with respect to a document, include stating the nature of the document (e.g., letter, memorandum, corporate minutes), the date, if known, on which the document was prepared, the title of the document, the general subject matter of the document, the number of pages in the document, the identity of each person who wrote, dictated, or otherwise participated in the preparation of the document, the identity of each person who signed or initialed the document, the identity of each person to whom the document was addressed, the identity of each person who reviewed or revised the document, the location of the document, and the identity of each person having possession, custody, or control of the document.
“Identification” of a document includes identifying all documents known or believed to exist whether or not they are in your custody.
a. when used with respect to a person, include stating (i) his or her full name, (ii) his or her most recently known business address and telephone number, or if that is not available, the most recently known home address and telephone number, (iii) his or her present title and position, and (iv) his or her present and prior connections or associations with any participant or party to this proceeding.
b. when used with respect to a communication, include stating (i) the date of the communication, (ii) the type of communication, (iii) the identity of the persons who made and received the communication, (iv) the persons present when the communication was made, and (v) to the extent not provided in a document, the substance of the communication.
9. “Participant” means any party to this proceeding or any employee of the Commission assigned to present the position of the Commission staff in the proceeding before the Commission.
10. “Party” means, with respect to a proceeding
a. a person filing any application, petition, complaint, or any protest or objection.
b. any respondent to a proceeding; or
11. “Person” refers to, without limiting the generality of its meaning, every natural person, corporation, partnership, association (whether formally organized or ad hoc), joint venture, unit operation, cooperative, municipality, commission, governmental body or agency, or any other group or other organization.
B. Instructions
1. These data requests call for all information, including information contained in documents, which relates to the subject matter of the data requests and which is known or available to you. If there is no responsive information or document, please so state.
2. Where a data request has a number of separate subdivisions or related parts or portions, a complete response is required to each subdivision, part, or portion. Any objection to a specific data request should clearly indicate the subdivision, part, or portion of the data request to which it is directed.
3. If a data request specifically requests an answer in response rather than the production of documents, an answer is required. The production of documents will not suffice.
4. If information requested is not available in the exact form requested, provide such information or documents as are available that best respond to the data request.
5. Publicly available documents: If information requested is publicly available on the internet, the exact Web address of the responsive information may be provided in lieu of producing the document; provided, however, that access to the document shall not require any type of registration through such Web site.
6. These data requests are continuing in nature and require supplemental responses when further or different information with respect to the same is obtained.
7. Each response should be furnished on a separate page headed by the individual data request number being answered. Individual responses of more than one page should be stapled or bound and each page consecutively numbered.
8. In each response, including the production of all documents, designate the data request(s) being answered, using the same number used in these data requests.
9. Each data request to, “Provide all documents . . . “ or similar phrases includes a request for the “identification” (see Definitions) of all such documents. To the extent that a document is self-identifying, it need not be separately identified.
10. For each document produced or identified in a response which is computer generated, state separately (i) what types of data, files, or tapes are included in the input and the source thereof, (ii) the form of the data which constitutes machine input (e.g., punch cards, tapes), (iii) a description of the recordation system employed (including program descriptions, flow charts, etc.), and (iv) the identity of the person who was in charge of the collection of input materials, the processing of input materials, the data bases utilized, and the programming to obtain the output.
11. If a data request can be answered in whole or in part by reference to the response to another data request served in this proceeding, it is sufficient to so indicate by specifying the other data request by participant and number, by specifying the parts of the other response which are responsive, and by specifying whether the response to the other data request is a full or partial response to the instant data request. If it constitutes a partial response, the balance of the data request must be answered.
12. If you cannot answer a data request in full, after exercising due diligence to secure the information necessary to do so, state the answer to the extent possible, state why you cannot answer the data request in full, and state what information or knowledge you have concerning the unanswered portions.
13. If, in answering any of these data requests, you believe that any data request or definition or instruction applicable thereto is ambiguous, set forth the language you believe is ambiguous and the interpretation you are using in responding to the data request.
14. If a document requested is unavailable, identify the document, describe in detail the reasons the document is unavailable, and state where the document can be obtained.
15. If you assert that any document responsive to a data request has been destroyed, state when and why it was destroyed, identify the person who directed the destruction, and identify all documents relevant to the destruction or the explanation. If the document was destroyed pursuant to your document retention/destruction program, identify and produce a copy of the guideline, policy or company manual describing such retention/destruction program.
16. Where a data request seeks information by year or years, indicate whether the information is provided on a calendar or fiscal year basis. If provided on a fiscal year basis, state the dates on which each fiscal year begins and ends.
17. If you refuse to respond to any discovery request by reason of a claim of privilege, or for any other reason, state in writing the type of privilege claimed and the facts and circumstances you rely upon to support the claim of privilege or the reason for refusing to respond. To the extent you assert a claim of privilege with respect to any responsive documents, please provide an index identifying each of those documents, that includes the date of each individual document, its title, its recipient(s) and its sender(s), a summary of the contents of the document and the basis of claim of privilege.
18. Each response must be verified under oath in writing and each document produced shall be verified under oath in writing as being an authentic original document or a true duplicate of an authentic original document.
19. Identify the person responsible (whether primarily or indirectly) for preparing and providing each response. If a data request is directed to the testimony or an exhibit of a witness and is answered by another person, please state whether the witness agrees with the response.
20. If no document is responsive to a data request, then so state. In each such instance the data request should be treated as an interrogatory; thus, provide a full and detailed explanation of the rationale, support, or basis underlying the information included in filings with the Federal Energy Regulatory Commission, or underlying the position you have taken on the issue, which relates to the subject of the request.
21. The singular form of a word shall be interpreted as plural, and the plural form of a word shall be interpreted as singular whenever appropriate in order to bring within the scope of these data requests any information or documents which might otherwise be considered to be beyond its scope.
22. Any reference to the Party to whom the data request was addressed also includes any merged or consolidated predecessors or predecessor in interest; subsidiaries past or present; and all persons acting under contractual arrangements with or acting on behalf of the Party to whom the data request was addressed.
INTERROGOTORIES AND REQUESTS FOR THE PRODUCTION OF DOCUMENTS
BROWN/CCSF
1.1
a. Provide in electronic format when available all data and/or documents that CCSF or SFE has provided to or received from Greenaction in regards to the $ 150,000 received in order to “Empower [the San Francisco Bayview Hunters Point] community to play a role and make an impact on the neighborhood through outreach, education and advocacy for the following: The shutdown of power plant and increased energy conservation/efficiency and renewables”, and the $50,000 for “continuation of the Green Energy Environmental Justice Project, Greenaction will conduct outreach in Bayview Hunters Point to promote energy conservation and support the shut down of the Hunters Point Power Plant. Greenaction will work to ensure the community will be able to influence government decisions surrounding energy issues.” Data and documentation should include any contract(s), cost analysis, budget, time sheets, receipts for materials, goods, and services performed, include all revenue and expense records reports provided by the Grant Recipient with full justification for all expenditures made for the purported benefit of the San Francisco Bayview Hunters Point Community.
b. As a recipient of government grant funds from CCSF provide all communications and/or documents relating to the recipient’s agreement to hold CCSF harmless from legal action by the recipient in return for said grant(s).
c. As a recipient of government grant funds from CCSF provide all communications and/or documents relating to the recipient’s actions to shut down PG&E’s Bayview Hunters Point and or support siting of three CCSF owned gas fired combustion turbines (CTs) at the Mirant Potrero Hill power plant site in Southeast San Francisco.
d. Identify all persons responsible for developing any agreements, policies, strategies, comments and/or testimony before the CCSF and /or SFE or other Agency in regards to the Grant(s).
BROWN/CCSF 1.2
a. Provide in electronic format when available all data and/or documents that CCSF or SFE has provided to or received from Bayview Hunters Point Community Advocates $ 1,500,000 to “[r]educe reliance of fossil fuels by conducting energy audits and installing alternative energy systems. Component of program is to train/employ residents in solar installation and energy conservation outreach. Goal of program is to install systems and create jobs in alternative energy/ energy efficiency arena.” Data and documentation should include any contract(s), cost analysis, budget, time sheets, receipts for materials, goods, and services performed, include all revenue and expense records reports provided by the Grant Recipient with full justification for all expenditures made for the purported benefit of the San Francisco Bayview Hunters Point Community.
b. As a recipient of government grant funds from CCSF provide all communications and/or documents relating to the recipient’s agreement to hold CCSF harmless from legal action by the recipient in return for said grant(s).
c. As a recipient of government grant funds from CCSF provide all communications and/or documents relating to the recipient’s actions to train/employ residents in solar installation and energy conservation outreach, to install systems and create jobs in alternative energy/ energy efficiency arena. Evidence of training BVHP residents on jobs in the alternative energy/ energy efficiency arena with evidence of employment or other positive outcome provide all documentation.
d. Identify all persons responsible for developing any agreements, policies, strategies, comments and/or testimony before the CCSF and /or SFE or other Agency in regards to the Grant.
BROWN/CCSF 1.3
a. Provide in electronic format when available all data and/or documents that CCSF or SFE has provided to or received from Housing Conservation & Development Corporation $300,000 purportedly to” improve housing in the Bayview Hunter's Point and Potrero Hill areas through energy retrofits, weatherization, energy-efficient appliance replacement and other conservation measures.” Data and documentation should include any contract(s), cost analysis, budget, time sheets, receipts for materials, goods, and services performed, include all revenue and expense records reports provided by the Grant Recipient with full justification for all expenditures made for the purported benefit of the San Francisco Bayview Hunters Point Community.
b. As a recipient of government grant funds from CCSF provide all communications and/or documents relating to the recipient’s agreement to hold CCSF harmless from legal action by the recipient in return for said grant(s).
c. As a recipient of government grant funds from CCSF provide all communications and/or documents relating to the recipient’s actions to improve housing in the Bayview Hunter's Point and Potrero Hill areas through energy retrofits, weatherization, energy-efficient appliance replacement and other conservation measures.
d. Identify all persons responsible for developing any agreements, policies, strategies, comments and/or testimony before the CCSF and /or SFE or other Agency in regards to the Grant.
BROWN/CCSF 1.4
a. Provide in electronic format when available all data and/or documents that CCSF or SFE has provided to or received from Literacy for Environmental Justice$ 897,942 for the “ Creation of a ‘Living Classroom’ at Heron's Head Park [a toxics site], which would serve as an ecological education center and community meeting place. The center would be a green building aiming to reduce, reuse and recycle water, energy, and materials when able to meet the goal of producing 100% of its energy on site.” Data and documentation should include any contract(s), cost analysis, budget, time sheets, receipts for materials, goods, and services performed, include all revenue and expense records reports provided by the Grant Recipient with full justification for all expenditures made for the purported benefit of the San Francisco Bayview Hunters Point Community.
b. As a recipient of government grant funds from CCSF provide all communications and/or documents relating to the recipient’s agreement to hold CCSF harmless from legal action by the recipient in return for said grant(s).
c. As a recipient of government grant funds from CCSF provide all communications and/or documents relating to the recipient’s actions taken for the “ Creation of a ‘Living Classroom’ at Heron's Head Park [a toxics site], which would serve as an ecological education center and community meeting place. The center would be a green building aiming to reduce, reuse and recycle water, energy, and materials when able to meet the goal of producing 100% of its energy on site.
d. Identify all persons responsible for developing any agreements, policies, strategies, comments and/or testimony before the CCSF and /or SFE or other Agency in regards to the Grant.
BROWN/CCSF 1.5
a. Provide in electronic format when available all data and/or documents that CCSF or SFE has provided to or received from Potrero Hill Neighborhood House $475,000 to “Conduct an energy retrofit and weatherization of this neighborhood-serving building. Through monies saved on electricity bills from the retrofits, there would be more funds available for programs offered to the community. The project would include complete weatherization, installation of photovoltaic systems and other alternate energy systems.” Data and documentation should include any contract(s), cost analysis, budget, time sheets, receipts for materials, goods, and services performed, include all revenue and expense records reports provided by the Grant Recipient with full justification for all expenditures made for the purported benefit of the San Francisco Bayview Hunters Point Community.
b. As a recipient of government grant funds from CCSF provide all communications and/or documents relating to the recipient’s agreement to hold CCSF harmless from legal action by the recipient in return for said grant(s).
c. As a recipient of government grant funds from CCSF provide all communications and/or documents relating to the recipient’s actions taken to conduct an energy retrofit and weatherization of this neighborhood-serving building. To demonstrate monies saved on electricity bills from the retrofits, and that there will be more funds available for programs offered to the community as a result of the program. The program purportedly includes complete weatherization installation of photovoltaic systems and other alternate energy systems provide all documentation.
d. Identify all persons responsible for developing any agreements, policies, strategies, comments and/or testimony before the CCSF and /or SFE or other Agency in regards to the Grant.
BROWN/CCSF 1.6
a. Provide in electronic format when available all data and/or documents that CCSF or SFE has provided to or received from San Francisco Community Power Cooperative $1,500,000 for the purported “Creation of an energy-cooperative in BVHP and Potrero Hill. Education of energy reduction measures and implementation of energy saving strategies. Train residents on co-op jobs such as community organizing, energy audits and installation.” Data and documentation should include any contract(s), cost analysis, budget, time sheets, receipts for materials, goods, and services performed, include all revenue and expense records reports provided by the Grant Recipient with full justification for all expenditures made for the purported benefit of the San Francisco Bayview Hunters Point Community.
b. As a recipient of government grant funds from CCSF provide all communications and/or documents relating to the recipient’s agreement to hold CCSF harmless from legal action by the recipient in return for said grant(s).
c. As a recipient of government grant funds from CCSF provide all communications and/or documents relating to the recipient’s actions taken for the creation of an energy-cooperative in BVHP and Potrero Hill, education of energy reduction measures and implementation of energy saving strategies. Evidence of training BVHP residents on co-op jobs such as community organizing, energy audits and installation with evidence of employment or other positive outcome provide all documentation.
d. Identify all persons responsible for developing any agreements, policies, strategies, comments and/or testimony before the CCSF and /or SFE or other Agency in regards to the Grant.
BROWN/CCSF 1.7
a. Provide in electronic format when available all data and/or documents that CCSF or SFE has provided to or received from Tetra Tech/Potrero Middle School regarding a grant of $355,540 for “Installation of solar panels and wind turbines to the Potrero Hill Middle School with an interactive education classroom on alternative energy sources, exhibits, and a computer that will measure the electrical output from the solar and wind systems.” Data and documentation should include any contract(s), cost analysis, budget, time sheets, receipts for materials, goods, and services performed, include all revenue and expense records reports provided by the Grant Recipient with full justification for all expenditures made for the purported benefit of the San Francisco Bayview Hunters Point Community.
b. As a recipient of government grant funds from CCSF provide all communications and/or documents relating to the recipient’s agreement to hold CCSF harmless from legal action by the recipient in return for said grant(s).
c. As a recipient of government grant funds from CCSF provide all communications and/or documents relating to the recipient’s actions taken for the installation of solar panels and wind turbines to the Potrero Hill Middle School with an interactive education classroom on alternative energy sources, exhibits, and a computer that will measure the electrical output from the solar and wind systems.
d. Identify all persons responsible for developing any agreements, policies, strategies, comments and/or testimony before the CCSF and /or SFE or other Agency in regards to the Grant.