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CC MINS 20180130 SPC MINUTES RANCHO PALOS VERDES CITY COUNCIL JANUARY 30, 2018 CALL TO ORDER: A Special meeting of the Rancho Palos Verdes City Council was called to order by Mayor Brooks at 6:08 P.M. at Fred Hesse Community Park, Fireside Room, 29301 Hawthorne Boulevard, notice having been given with affidavit thereto on file. City Council roll call was answered as follows: PRESENT: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks ABSENT: None Also present were Doug Willmore, City Manager and Emily Colborn, City Clerk. PUBLIC COMMENTS: City Clerk Colborn reported that there were no requests to speak. REGULAR BUSINESS: 1. Interview Applicants for the Planning Commission. Council Members interviewed the following applicants for the Planning Commission: Evan R. Cole; Maureen Dowd; Hany Francis; David Jankowski; Tae-Yoon Kim; Allan Ku; Jeanne Lacombe; Naresh Nakra; Stephen Perestam; Lan Saadatnejadi; Mathew Vitalich. No action was taken. Mayor Brooks called for a brief recess at 7:06 P.M. The meeting reconvened at 7:14 P.M. CLOSED SESSION ITEMS ANNOUNCED: City Attorney Aleshire announced the items to be discussed in Closed Session. 1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION GC 54957 Title: City Attorney (Specialty position) 2. POTENTIAL LITIGATION AGAINST THE CITY GC 54956.9(d)(2) and (e)(3) A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and City Council Minutes Special Meeting January 30, 2018 Page 1 of 3 circumstances, there is a significant exposure to litigation against the local agency, based on email communications from Mr. Michael Huang to the City Attorney and City Council, on miscellaneous dates including October 16, 2017, alleging that an email sent by Mayor Campbell dated October 4, 2017, regarding the November 7, 2017 election, impugned Mr. Huang's character and damaged his reputation, and demanding the City take an official position regarding the communication by Mayor Campbell. Significant exposure to litigation is further based on a cease and desist letter from Mr. Jeff Lewis to the City Attorney and City Clerk dated October 24, 2017, alleging that the urgency item placed on the October 17, 2017 closed session agenda, addressing Mr. Huang's communications as described herein, violated the Brown Act. The communications from Mr. Huang and Mr. Lewis are available for public inspection at the City Clerk's Office. 3. POTENTIAL LITIGATION AGAINST THE CITY GC 54956.9(d)(2) and (e)(2) A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency, based on a letter from Green Hills Memorial Park's attorney Ellen Berkowitz, dated December 4, 2017, relating to potential California Public Records Act violations by the City, former Mayor Brian Campbell, and Planning Commissioner David Tomblin. The letter is available for public inspection at the City Clerk's Office. 4. POTENTIAL LITIGATION AGAINST THE CITY GC 54956.9(d)(2) and (e)(2) A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency, based on a letter from Green Hills Memorial Park's attorney Ellen Berkowitz, dated December 21, 2017, regarding alleged bias against Green Hills by Planning Commissioner David Tomblin, and specifically relating to alleged bias by Commissioner Tomblin at a permit hearing on November 28, 2017 before the Planning Commission; as well as a request for an investigation relating to alleged suspected closed session leaks. The letter is available for public inspection at the City Clerk's Office. RECESS TO CLOSED SESSION: At 8:13 P.M., the Council recessed to Closed Session. RECONVENE TO OPEN SESSION: At 9:35 P.M., the Council reconvened the meeting to open session. CLOSED SESSION REPORT: City Council Minutes Special Meeting January 30, 2018 Page 2 of 3 City Attorney Aleshire reported that with regards to Closed Session items #1-4, matters were discussed with no reportable action taken. ADJOURNMENT: At 9:36 P.M., Mayor Brooks adjourned to 5:30 P.M. on February 6, 2018, to conduct interviews for the Planning Commission. '1"c:g.4 Mayor Attest: it 4114 %, MEM City Council Minutes Special Meeting January 30, 2018 Page 3 of 3