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CC DM 20180320 B - 20180206 CC MINS DRAFTDRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING FEBRUARY 6, 2018 CALL TO ORDER: A Regular meeting of the Rancho Palos Verdes City Council for the purpose of a Closed Session was called to order by Mayor Brooks at 6:13 P.M. at Fred Hesse Community Park, McTaggart Hall, 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; Dave Aleshire, City Attorney; Gabriella Yap, Deputy City Manager; and Emily Colborn, City Clerk. PUBLIC COMMENTS: City Clerk Colborn reported that there were no requests to speak. CLOSED SESSION ITEMS ANNOUNCED: City Attorney Aleshire announced the item to be discussed in Closed Session and announced that there was a need for two items to be added. City Attorney Aleshire requested that the Council take action to add two additional items to the Closed Session agenda, as the need to address these matters arose after the posting of the agenda. Councilman Dyda moved, seconded by Councilman Alegria, to add to the Closed Session agenda: (1) Initiation of Litigation regarding Green Hills Memorial Park and (2) Potential Litigation against the City relating to potential California Public Records Act violations by the City, former Mayor Brian Campbell and Planning Commissioner David Tomblin. Without objection, Mayor Brooks so ordered. The additional Closed Session items were added as No. 2 and No. 3. 1. 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 circumstances, there is a significant exposure to litigation against the local agency, based on a letter dated April 19, 2016, from Ted. K. Lippincott, legal counsel for Mark Doddy, to Deputy City Manager Yap; a letter dated May 9, 2016, from Mr. Lippincott to City Manager Willmore; and, a letter dated August 18, 2016, from Ted K. Lippincott, legal counsel for Maria Serrao, to Former Assistant City Attorney Christina Burrows. A copy of the letters are on file in the City Clerk's Office. 2. INITIATION OF LITIGATION (Green Hills Memorial Park) GC 54956.9(d)(4) Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation against Green Hills Memorial Park regarding indemnification for litigation in the following cases: Sharon Loveys vs. City of Rancho Palos Verdes, et al., Los Angeles Superior Court. Case No. BS166493; Sharon Loveys, et al. vs. City of Rancho Palos Verdes, et al., Los Angeles Superior Court. Case No. BS160652; Sharon Loveys, et al. vs. City of Rancho Palos Verdes, et al., Los Angeles Superior Court. Case No. BC629637 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. RECESS TO CLOSED SESSION (FIRESIDE ROOM): At 6:15 P.M., the Council recessed to Closed Session. ADJOURN TO REGULAR MEETING: At 7:18 P.M. the Closed Session was adjourned to the Regular meeting. REGULAR MEETING — OPEN SESSION CALL TO ORDER: A Regular meeting of the Rancho Palos Verdes City Council was called to order by Mayor Brooks at 7:22 P.M. at Fred Hesse Community Park, McTaggart Hall, 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 DRAFT - City Council Minutes February 6, 2018 Page 2 of 15 Also present were Doug Willmore, City Manager; David Aleshire, City Attorney; Gabriella Yap, Deputy City Manager; Deborah Cullen, Director of Finance; Ara Mihranian, Director of Community Development; So Kim, Deputy Director of Community Development; Octavio Silva, Associate Planner; Elias Sassoon, Public Works Director; Cory Linder, Director of Recreation and Parks; and Emily Colborn, City Clerk. Also present was Captain Beringer, Lomita Station, Los Angeles County Sheriff's Department. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Dick Brunner. CLOSED SESSION REPORT: City Attorney Aleshire reported that with regards to Closed Session items No. 1, No. 2, and No. 3, matters were discussed with no reportable action taken. MAYOR'S ANNOUNCEMENTS: Mayor Brooks announced the City has received a letter from Supervisor Janice Hahn supporting a collaboration effort with the County of Los Angeles and the Peninsula Cities on a coyote management plan to create a safe co -existence with urban coyotes; informed the public regarding a recent incident report in the local news regarding a video that appears to show Sheriff's deputies "dumping" a homeless man with possible mental health issues in San Pedro. Captain Beringer, Lomita Station, Los Angeles County Sheriff's Department followed with a detailed report on the incident. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Brooks announced Recyclers of the Month from the January 16, 2018, City Council meeting: Jack and Margie Bohn. She indicated that all winners receive a check for $250 and urged everyone to participate in the City's Recycling Program. She noted that in addition to winning the Recycler Drawing, the couple also won a Personal Emergency Preparedness Kit from the City at a value of $60.00. APPROVAL OF THE AGENDA: Mayor Pro Tem Duhovic moved, seconded by Councilman Dyda, to approve the agenda as modified: Items No. 5 and No. 6 will be heard before Items No. 1 and No. 2. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks NOES: None ABSENT: None DRAFT - City Council Minutes February 6, 2018 Page 3 of 15 PUBLIC COMMENTS: City Clerk Colborn reported that there were six requests to speak. Joe Locascio, expressed concern with noise from the wireless towers particularly the one proposed at Whitley Collins Drive and Crest Road. Barbara Traykis, spoke regarding a citation she received at Seahill and Palos Verdes Drive West which was subsequently overturned. Ms. Traykis expressed concern with the traffic and dangerous speeds driven in the area and urged for a stop sign or speed bumps to be installed at the intersection. Joan Davidson, spoke in opposition of the installation of wireless towers in order to preserve the aesthetics of the City. Ms. Davidson also commented that former members of the Council should refrain from sending correspondence to residents and posing as if they are still in their elected position. Connie Semos, requested that the Council consider a beautification project for the corner of Granvia Altamira and Monero. Ms. Semos suggested undergrounding the utilities and adding trees and shrubs to the area. Robyn McMorran, expressed concern with inaccurate City records that did not show her as the current homeowner/tax payer on her property and as a result has not been receiving City notices since 2015. Ms. McMorran questioned the data system the City uses for mailings. Michael Huang, spoke regarding a letter the City received from former Mayor Brian Campbell which had the City's logo and how it could mislead the public by thinking the letter is official City business. Mr. Huang also inquired if the City had a policy or a procedure to prevent legal liability against ex -officials. Due to technical difficulties with the live web streaming, Mayor Brooks called for a brief recess at 7:53 P.M. The meeting reconvened at 8:23 P.M. CITY MANAGER REPORT: City Manager Willmore announced the following: upcoming Special City Council meetings on February 15, 2018 (appeals for Wireless Telecommunications Facility permits), March 29, 2018 (Draft Natural Communities Conservation Plan ("NCCP"), April 12, 2018 (Annual Budget Workshop for FY18-19), and April 26, 2018 (General Plan Update); and Yappy Hour at Eastview Dog Park on February 10, 2018, 10:00 AM - 12:00 PM. DRAFT - City Council Minutes February 6, 2018 Page 4 of 15 CONSENT CALENDAR: City Clerk Colborn reported that late correspondence was distributed prior to the meeting regarding Item G and there was one request to speak on Item G. Mayor Pro Tem Duhovic moved, seconded by Councilmember Dyda, to approve the Consent Calendar with a modification to Item F, Mayor Pro Tem Duhovic clarified that one of the flagging locations with no traffic signal is located at the intersection of Palos Verdes Dr. East and Via Canada (not Via Colonita) as mentioned in the administrative report and Item G removed and to be heard immediately after the Consent Calendar. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks NOES: None ABSENT: None A. Motion to Waive Full Reading Adopted a motion to waive reading in full of all ordinances presented at this meeting with consent of the waiver of reading deemed to be given by all Council Members after the reading of the title. B. Approval of Minutes Approved the Minutes of the January 16, 2018, Special Closed Session and Regular meeting. C. Register of Demands (1) Adopted Resolution No. 2018-05, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID. (Check run date 01/12/18). (2) Adopted Resolution No. 2018-06, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID. (Check run date 01/26/18). D. Consideration and possible action to authorize the City Clerk to file a Notice of Completion for the Coastal Bluff Fencing Project - Phase I. (1) Accepted the project as complete; (2) Authorized the City Clerk to file a Notice of Completion for the project with the Los Angeles County Registrar -Recorder's Office, and if no claims are filed within 35 days of recordation, send a notice to the surety to exonerate the Performance Bond; and, (3) Authorized the Director of Public Works to DRAFT - City Council Minutes February 6, 2018 Page 5 of 15 release the 5% construction retention payment to Harris Steel Fence Company, Inc. 35 days immediately following recordation of the Notice of Completion by the Los Angeles County Recorder, contingent upon no claims being filed on the project. E. Consideration and possible action to authorize the City Clerk to file a Notice of Completion for the PVIC Sunset Room Acoustical Improvements Project. (1) Accepted the project as complete; (2) Authorized the City Clerk to file a Notice of Completion for the project with the Los Angeles County Registrar -Recorder's Office, and if no claims are filed within 35 days after recordation, and upon the contractor posting an acceptable warranty bond, send a notice to the surety company to exonerate the Performance Bond; and, (3) Authorized the Director of Public Works to release the 5% construction retention payment to C.E. Pickup Company, Inc. dba Pacific Sound Control, a California corporation, 35 days after recordation of the Notice of Completion by the Los Angeles County Recorder, contingent upon no claims being filed on the project. F. Consideration and possible action to approve the professional services agreement for school flagging operations for the remainder of school calendar year 2017-2018 and the full school calendar year 2018-19, and approve an additional budget appropriation. (1) Authorized the Mayor to execute the attached professional services agreement with Sunbeam Solar Technologies, DBA Sunbeam Consulting, for school flagging operations for the remainder of school calendar year 2017-2018, and the full school calendar year 2018-19; and, (2) Approved an additional budget appropriation in the amount of $50,000 in the Traffic Management Fund for Account No. 101-400-3120-5101 to cover the needed costs for the remainder of FY 17-18. G. Consideration and possible action to oppose Senate Bill No. 827 regarding "transit -rich housing bonuses" for multifamily housing projects. This item was removed from the Consent Calendar for separate consideration. H. Consideration and possible action regarding the December 2017 Cash Balances/Monthly Treasurer's Report. Received and filed the December 2017 Cash Balances/Monthly Treasurer's Report. CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT: G. Consideration and possible action to oppose Senate Bill No. 827 regarding "transit -rich housing bonuses" for multifamily housing projects. City Clerk Colborn reported that there was one request to speak. DRAFT - City Council Minutes February 6, 2018 Page 6 of 15 April Sandell, spoke in opposition of Senate Bill No. 827. Discussion ensued among Council Members and Staff. Councilman Cruikshank moved, seconded by Councilman Dyda, to authorize the Mayor to sign a letter to Senator Weiner in opposition to Senate Bill No. 827 (SB 827) regarding "transit -rich housing bonuses" for multifamily housing projects. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks NOES: None ABSENT: None Per the re -order of the agenda, Mayor Brooks moved to item No.5. PUBLIC HEARINGS: 1. Consideration and possible action to adopt an ordinance to amend Chapter 17.96 (Definitions) of Title 17 (Zoning) of the City's Municipal Code to expand the definition of a Short -Term Rental to include commercial uses (Case No. ZON2017-00486). City Clerk Colborn reported that notice of the public hearing was duly published, written correspondence was received and included in the staff report, and there were two requests to speak. Octavio Silva, Associate Planner, presented a brief staff report. Mayor Brooks declared the public hearing open; the following people spoke: Michael Huang, spoke in support of the code amendment relating to "party houses". Booth Tarkington, inquired if the proposed code amendment language intended to exclude rental properties for charitable organizations like the Red Cross and Salvation Army. Staff clarified that if a residence is being rented for commercial purposes then it is prohibited under the ordinance. With no other requests to speak, Mayor Brooks declared the public hearing closed. Mayor Pro Tem Duhovic moved to extend the meeting to 10:50 P.M. Without objection, Mayor Brooks so ordered. DRAFT - City Council Minutes February 6, 2018 Page 7 of 15 Discussion ensued among Council Members and Staff. Councilman Dyda moved, seconded by Councilman Alegria, to introduce Ordinance No. 605, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING CHAPTER 17.96 (DEFINITIONS) OF TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE BY EXPANDING THE DEFINITION OF A SHORT-TERM RENTAL TO INCLUDE COMMERCIAL USES, AND FINDING AN EXEMPTION FROM CEQA (CASE NO. ZON2017-00486). The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks NOES: None ABSENT: None Mayor Brooks announced that the Council would not hear any new business after 11:00 P.M. and items No.3 and No.4 would be remanded back to the Planning Commission. 2. Consideration and possible action to conduct the 2017 annual review of Green Hills' compliance with the Conditions of Approval associated with the Green Hills Memorial Park Conditional Use Permit. City Clerk Colborn reported that notice of the public hearing was duly published, public correspondence was received and distributed prior to the meeting, and there were 17 requests to speak. So Kim, Deputy Director of Community Development presented a staff report and PowerPoint presentation. Mayor Brooks declared the public hearing open; the following people spoke: Tom Frew, Green Hills Memorial Park, spoke in regards to the efforts made in preparation of the annual compliance review and addressed topics of concerns, as well as suggested revisions to the Conditions of Approval. John Papadakis, Bernadette Sabath, Dave Turner, Mike McClunk, Ed Fitzgerald, Booth Tarkington, spoke in support of the item. Elizabeth Hoffman, Rolling Hills Riviera HOA, thanked Councilman Alegria for visiting with homeowners and hearing their feedback on the matter. Ms. Hoffman also urged the Council to keep in mind that the decisions they will be making regarding the Green Hills development will create permanent changes that can potentially affect the quality of life of homeowners in the surrounding area. Without objection, Mayor Brooks so ordered to extend the meeting to 11:00 P.M. DRAFT - City Council Minutes February 6, 2018 Page 8 of 15 Chris Martin, Area 6 resident, raised several questions concerning the Conditions of Approval and the permit application with regards to raising the headstones from three feet to six feet and how the change was not communicated to residents. Mr. Martin also commented that the Green Hills permits and developments that have been approved have not been in the favor of the resident's best interest. Glenn Cornell, echoed comments made by Mr. Chris Martin and urged the Council to take measures to conduct more monitoring of developments and activities, get more public input, and enforce violations. Debbie Landes, spoke about her continued concerns with the daily operations of the mausoleum roof top and the need for mediation which has not taken place as agreed upon during the 2015 review. Sharon Loveys, expressed concern with the need for mediation with Green Hills which has not taken place as agreed upon during the 2015 review. Councilman Cruikshank moved to extend the meeting to 11:30 P.M. Without objection, Mayor Brooks so ordered. Lori Brown, spoke in support of the Vista Verde residents and their continued concerns with developments at Green Hills. Nadia, expressed concerns with using the annual review process to modify the Master Plan on the existing land use entitlements rather than going through the application process. Councilman Dyda moved to extend the meeting to 11:45 P.M. Without objection, Mayor Brooks so ordered. Lisa Scotto, acknowledged efforts made by Green Hills to come to an agreement with the residents on the border wall and screening. Ms. Scotto also expressed concern with the future of the area with regards to the grading and removal and dumping of dirt in Area 6 and the mausoleums that will be built in the area in the future. Jane Gualeni, expressed appreciation for the newly installed fencing and vegetation near her property. Ms. Gualeni also spoke in support of the Peninsula Verde and the Rolling Riviera Homeowner's Associations attesting to their continued concerns with developments at Green Hills. She spoke about the excavating of soils in Area 7 which will then be placed in Area 6 and future grading that can change at any time. Ms. Gualeni urged Staff to monitor continued development very closely. DRAFT - City Council Minutes February 6, 2018 Page 9 of 15 Roger Metzler, expressed concerns with conditions allowing six-foot tall headstones throughout the cemetery, a condition that has changed since previously proposed. Previous conditions limited the six-foot tall headstones to certain areas in the cemetery versus the proposed conditions that allow them anywhere in the cemetery. With no other requests to speak, Mayor Brooks declared the public hearing closed Discussion ensued among Council Members and Staff. Councilman Cruikshank moved, seconded by Mayor Pro Tem Duhovic, to adopt Resolution No. 2018-07, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES REVISING THE CONDITIONS OF APPROVAL OF THE GREEN HILLS MEMORIAL PARK MASTER PLAN, CONDITIONAL USE PERMIT NO. 155, FOR PROPERTY LOCATED AT 27501 WESTERN AVENUE (GREEN HILLS MEMORIAL PARK) as amended: Section 5: Modification of Conditions. B. Condition 8a is amended to clarify the type of engineer who will be preparing a grading plan. (Condition 8a) Grading. Prior to grading operations for new earth interments areas, the property owner shall submit a grading plan, prepared by and wet -stamped by a licensed civil engineer. The existing grade elevation shall not be raised without prior approval by the Director, pursuant to Condition No. 2a. F. Condition 9g is amended to require traffic calming methods at the time the future road along the south property line is considered. (Condition 9g) Road. The future road extension that parallels the south property line shall be completed prior to the City issuing a final occupancy permit for any building in Area 6. The future road extension that parallels the south property line shall be setback a minimum of 8 feet from the future wall to provide a landscape buffer as required in Condition No. 9f. Prior to construction, the future road shall include traffic calming measures as deemed acceptable to the Director of Community Development. K. Condition 17 is amended to allow for an additional observer from each Homeowner's Associations. (Condition 17) Green Hills Cemetery Neighborhood Advisory Committee. Green Hills shall establish a neighborhood advisory committee, consisting of two representatives and one observer from the Peninsula Verde and the Rolling Riviera Homeowner's Associations, as well as a representative from City Staff. The Committee shall meet at least once every quarter during normal business hours to review any operational and neighborhood concerns. Reports on the meeting shall be provided to the City Council. DRAFT - City Council Minutes February 6, 2018 Page 10 of 15 The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks NOES: None ABSENT: None 3. Consideration and possible action to grant an appeal and overturn the Planning Commission's denial of Major Wireless Telecommunication Facility ASG No. 36 to install a Wireless Telecommunication Facility on a new pole within the public right-of-way across from 28907 Doverridge Drive. City Clerk Colborn reported that notice of the public hearing was duly published, written correspondence was received and included in the staff report, and there were three requests to speak. Mayor Pro Tem Duhovic moved to waive the staff report on this item. Without objection, Mayor Brooks so ordered. Mayor Brooks declared the public hearing open; the following speakers were called however were not present to speak: Paul O'Boyle (Crown Castle), Gary Wu, and Jeff Calvagna. With no other requests to speak, Mayor Brooks declared the public hearing closed. Discussion ensued among Council Members and Staff. Mayor Pro Tem Duhovic moved, seconded by Councilman Dyda, to maintain jurisdiction over the appeal and refer the application back to the Planning Commission for review of proposed revisions at a future duly -noticed public hearing, and direct the Planning Commission to forward its recommendation to the City Council for consideration at a future duly -noticed public hearing. The motion passed on the following roll call vote: AYES: Dyda, Duhovic, and Mayor Brooks NOES: Alegria and Cruikshank ABSENT: None 4. Consideration and possible action to grant an appeal and overturn the Planning Commission's denial of Major Wireless Telecommunication Facility ASG No. 48 to install a Wireless Telecommunication Facility on an existing utility pole at the terminus of Mossbank Drive west of Basswood Avenue. DRAFT - City Council Minutes February 6, 2018 Page 11 of 15 City Clerk Colborn reported that notice of the public hearing was duly published, there were no written protests received, and there were two requests to speak however the speakers were no longer present. Art Bashmakian, Contract Planner, presented a brief staff report. Mayor Brooks declared the public hearing open; the following people spoke: Michael Shonafelt, Counsel for Crown Castle, requested that the Council approve staff's recommendation to refer the item back to the Planning Commission. With no other requests to speak, Mayor Brooks declared the public hearing closed. Discussion ensued among Council Members and Staff. Mayor Pro Tem Duhovic moved, seconded by Councilman Dyda, to maintain jurisdiction over the appeal and refer the application back to the Planning Commission for review of proposed revisions at a future duly -noticed public hearing, and direct the Planning Commission to forward its recommendation to the City Council for consideration at a future duly -noticed public hearing. The motion passed on the following roll call vote: AYES: Dyda, Duhovic, and Mayor Brooks NOES: Alegria and Cruikshank ABSENT: None Per the re -order of the agenda, item No -4 was the last item heard. Mayor Brooks moved to adjourn the meeting. REGULAR BUSINESS: 5. Consideration and possible action to address Brown Act and Public Records Act request issues with regards to: A. Reauthorize in open session a letter being sent to Michael Huang stating that former Mayor Brian Campbell's October 5, 2017 email regarding Mr. Huang, violated a Council Protocol (No.14) and was his own personal view and not authorized by the City Council. B. Authorize a letter to Attorney Jeffrey Lewis which makes an unconditional commitment as to when threats of litigation are added to the closed session agenda, facts and circumstances of the threat will be orally disclosed. C. Determining that the City has been unable to obtain from former Mayor Brian Campbell City -related emails on his personal email servers to comply DRAFT - City Council Minutes February 6, 2018 Page 12 of 15 with Public Records Requests from Mr. Huang, requested on November 10, 2017 (and clarified on November 14, 2017) and from Attorney Ellen Berkowitz requested on December 4, 2017 (a renewal of a May 20, 2016 request to which Mr. Campbell did not respond); that such failure will subject the City to litigation; and that under Sections 12.3, 12.4 of the Council Procedures Manual, Mr. Campbell's failure to cooperate with the City Attorney in providing the public records waives his right to defense and indemnification by the City. City Clerk Colborn reported that late correspondence was received and distributed prior to the meeting and that there were two requests to speak. David Aleshire, City Attorney, presented a staff report. Carolynn Petru, spoke in favor of re -issuing a letter to Mr. Huang acknowledging that the email sent by former Mayor Brian Campbell violated Council protocol. Ms. Petru also expressed concern with a recent letter from Mr. Campbell that included the City logo as letterhead and urged the Council to extend the newly adopted Rules of Procedure to former members of Council. Michael Huang, spoke regarding the effects he has had to experience due to the defamatory email sent by former Mayor Brian Campbell. Mr. Huang also stated that he has not received any City -related emails from Mr. Campbell's personal email servers, which are also subject to the California Public Records Act and requested assistance from the Council on retaining them. Discussion ensued among Council Members and Staff. The Council made the following three motions. A. Councilman Alegria moved, seconded by Councilman Dyda, to issue a letter to Mr. Michael Huang stating that former Mayor Brian Campbell's October 5, 2017, email regarding Mr. Huang violated Council Protocol (No.14) and the email was his own personal view and not authorized by the City Council. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks NOES: None ABSENT: None B. Mayor Pro Tem Duhovic moved, seconded by Councilman Cruikshank, to authorize a letter to Attorney Jeffrey Lewis which makes an unconditional commitment as to when threats of litigation are added to the closed session agenda, facts and circumstances of the threat will be orally disclosed. DRAFT - City Council Minutes February 6, 2018 Page 13 of 15 The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks NOES: None ABSENT: None C. Mayor Pro Tem Duhovic moved, seconded by Councilman Dyda, to defer the matter below for further legal review and action at a future meeting based upon the City Attorney's research. The following matter will return for action at a future meeting: Determining that the City has been unable to obtain from former Mayor Brian Campbell City -related emails on his personal email servers to comply with Public Records Requests from Mr. Huang, requested on November 10, 2017 (and clarified on November 14, 2017) and from Attorney Ellen Berkowitz requested on December 4, 2017 (a renewal of a May 20, 2016 request to which Mr. Campbell did not respond); that such failure will subject the City to litigation; and that under Sections 12.3, 12.4 of the Council Procedures Manual, Mr. Campbell's failure to cooperate with the City Attorney in providing the public records waives his right to defense and indemnification by the City. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks NOES: None ABSENT: None Per the re -order of the agenda, Mayor Brooks moved to item No.6 6. Consideration and possible action to approve the First Amendment to the City Manager's Employment Agreement. City Clerk Colborn reported that late correspondence was received and distributed prior to the meeting and there were no requests to speak. Mayor Brooks presented a staff report. Discussion ensued among Council Members and Staff. Councilman Dyda moved, seconded by Councilman Alegria, to approve the First Amendment to the City Manager's Employment Agreement as amended: 1. Modify Section 6A, increasing the employee's annual salary to $225,750; and DRAFT - City Council Minutes February 6, 2018 Page 14 of 15 2. Modify Section 11 E, adding that the City will contribute an amount equal to 5% of employee's salary annually to a defined 401 a benefit plan. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks NOES: None ABSENT: None Mayor Brooks called for a brief recess at 9:36 P.M. The meeting reconvened at 9:48 P.M. and Mayor Brooks moved to item No. 1 per the re -order of the agenda. CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER: None. FUTURE AGENDA ITEMS: This item was carried over to the next scheduled City Council meeting. CITY COUNCIL ORAL REPORTS: This item was carried over to the next scheduled City Council meeting. ADJOURNMENT: At 11:51 P.M., Mayor Brooks adjourned the meeting. Attest: /s/Emily Colborn City Clerk /s/Susan Brooks Mayor DRAFT - City Council Minutes February 6, 2018 Page 15 of 15