200 S. Anahgim Blvd, Suits 356 Anaheim, California 92805 TEL (714)765?5169 . FAX (714)755-5123 City of Anaheim OFFICE OF THE CITY ATTORNEY January 28, 2019 Ms. Annie Banks Justice Team Network 1201 Martin Luther King Jr. Way, Ste. 200 Oakland, CA 94608 Re: Public Records Act Request (Gov. Code 6250, et seq.) Request No. 01022019 APD2 Dear Ms. Banks: The City of Anaheim ("City") received your Public Records Act request on January 2, 2019. Therein you seek ?a copy of all records relating to the report, investigation, ?ndings and administrative discipline related to the December 1 l, 2009 shooting of Caesar Ray Cruz.? Some of the records you seek are audio or video ?les. Such records require multiple layers of review and ?extraction? to protect information exempt from disclosure pursuant to the Public Records Act and prepare for production the otherwise disclosable recording. The City is allowed to recover costs for its expenditures to produce the recordings, including the cost of extracting exempt material from the recordings with the aid of software. See National Lawyers Guild v. City of Hayward, 27 Cal.App.5th 937, 952; Government Code section Should you wish to receive the audio/video ?les, the City will require a deposit to proceed with the extraction and production of the relevant ?les. In this instance, the City has estimated that it will require approximately 37.5 hours to prepare the responsive audio/video ?les at the cost of $80/hour. Please provide a deposit in the amount of $3,000.00 if you are interested in obtaining these records. Please also note that this amount is an estimate only. If actual extraction costs are less that the estimate, the City will refund the appropriate portion of your deposit. If actual extraction costs exceed the estimate, the City will request a supplemental payment before the requested records are released. Please note that the records containing the information you seek may be redacted and/or have information extracted from them pursuant to the following exemptions to the Public Records Act: 0 The records contain personal contact information (Gov. Code, 6254(f)(2) and 6255(a); Penal Code The records may be subject to the public interest exemption provided by Gov. Code ?625 5; 0 Medical records are exempt from disclosure pursuant to Government Code 6254(k), which incorporates the prohibitions against the disclosure of such information contained in the Confidentiality of Medical Information Act [Civil Code 56 et seq] and Health Insurance Portability and Accountability Act 0 Financial information is con?dential (Gov. Code 6254(n), 7470, 7471 and 7473); 0 Juvenile information is con?dential Code 827 and 828); and The identity of person who furnish information concerning violations of law to law enforcement personnel is exempt from disclosure. Roviaro v. United States. 352 U.S. 53 at p. 61 (1957); Chao v. Westside Drywall, Inc. 254 F.R.D. 651, 655?56 (2009). Ms. Annie Banks January 28, 2019 Page 2 Finally, your request speci?cally seeks records under SB 1421. Numerous police associations have challenged the application of SB 1421 to incidents occurring prior to its effective date of January 1, 2019, and multiple orders have been issued by the courts preventing the disclosure of such records pending a hearing on the matter. The City anticipates these challenges to be resolved in the near future and prior to the production of the records that you seek. Without waiving, and subject to, the foregoing exemptions, the City is in the process of compiling and redacting a large set of responsive records, which will be made available to you for inspection, payment and production. You may contact Assistant City Attorney Moses W. Johnson to make the appropriate arrangements. If such arrangements are not made within 20 days from the date of this letter, you may be required to submit a new request. Please note that due to the voluminous nature of your request and other similar requests received concurrently with yours, the City continues to diligently identify, compile and redact responsive records. As further records become available, you will be noti?ed so that you can obtain additional materials. Should you have any questions, please contact the undersigned. Sincerely, Robert abela, Ci Attorney (ML By: A. Pelletier Senior Assistant City Attorney cc: Lt. Allan Roman, APD 131 135 Nicole Van Train, APD