Loading...
CC RES 2018-022 RESOLUTION NO. 2018-22 A RESOLUTION OF THE COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, AUTHORIZING THE CREATION OF AN AD HOC SUBCOMMITTEE AND AUTHORIZING AND DIRECTING THE ISSUANCE OF SUBPOENAS COMMANDING THE PRODUCTION OF CITY PUBLIC RECORDS STORED OR RETAINED ON THE PERSONAL ELECTRONIC DEVICES OF FORMER MAYOR BRIAN CAMPBELL IN RESPONSE TO MULTIPLE CALIFORNIA PUBLIC RECORDS ACT REQUESTS AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME WHEREAS, Government Code §§ 37104 et seq. authorize the City Council to issue legislative subpoenas "requiring attendance of witnesses or production of books or other documents for evidence or testimony in any action or proceeding pending before it"; and WHEREAS, until January of this year, City officials (Councilmembers and members of boards, commissions, and committees) were permitted under City policy to use private email accounts for City business. Under that policy, City business emails solely in the possession of city officials fell outside the scope of CPRA. This policy was affected in 2017 by the Supreme Court's ruling in City of San Jose v. Superior Court (2017) 2 Cal.5th 608, which held that when a city employee or former employee uses a personal account to communicate about the conduct of public business, the writings may be subject to disclosure under the CPRA. Under the CPRA, "employees" and "former employees" include current and former councilmembers; and WHEREAS, because City officials were permitted to use personal electronic devices to send and receive City business communications, the City has long had a practice of requesting emails on personal electronic devices that are potentially responsive to CPRA requests, even before San Jose; and WHEREAS, Mr. Brian Campbell served on the City Council from December 2009 through December 2017, with his last year as Mayor. Any email regarding City business that he sent or received during his tenure on the City Council are subject to City review, evaluation for possible exemptions, evaluation for possible redaction, and evaluation for possible disclosure under the CPRA; and WHEREAS, on November 10, 2017, the City received a CPRA request from Mr. Michael Huang (renewed and amended on April 9, 2018), which included City business emails to/from Mr. Campbell. Mr. Huang's request; and WHEREAS, on December 4, 2017, the City received a CPRA request from Green Hills Memorial Park, Inc., (a renewal of a May 2016 request), which included City business emails to/from Mr. Campbell; and 01203.0030/465487.2 Resolution No. 2018-22 Page 1 of 5 WHEREAS, the City Clerk attempted to obtain compliance with Mr. Huang's request, to no avail; and WHEREAS, the City Attorney's Office made a number of attempts by email and letter to obtain compliance from Mr. Campbell to the requests by Mr. Huang and Green Hills from November 2017 through March 9, 2018, offering repeatedly to have an attorney assist him with the review of the emails, also to no avail, and has committed significant resources to obtaining compliance; and WHEREAS, on April 5, 2018, and April 6, 2018, the City received two separate CPRA requests from Ms. Tracy Burns (modified on April 9, 2018) for emails to/from Mr. Campbell; and WHEREAS, the City of Rancho Palos Verdes is fully committed to transparency in government, and recently adopted new City Council Rules of Procedure (also applicable to commissions, boards, and committees) to further this goal; and WHEREAS, the City Council finds that allowing a sitting or former councilmember, or any City employee, not to fully and promptly respond to CPRA requests runs counter to the spirit and letter of the law and runs counter to the City's commitment to open government; and WHEREAS, Mr. Campbell has a history of failing or refusing to provide public records in response to multiple CPRA requests. To wit, Mr. Campbell failed or refused to provide public records for review in response to a request from Barry Yudess, dated May 19, 2016, and failed or refused to provide public records for review in response to a request from Barry Hildebrand, dated May 20, 2016, and failed or refused to provide public records for review in response to a request from Ed Pilolla, dated May 27, 2016; and WHEREAS, with this Resolution, the City Council intends to extend its authority to issue such additional subpoenas as may be warranted in the event City receives new or amended CPRA requests for Mr. Campbell's City business emails on his personal electronic devices after the date of this Resolution; and WHEREAS, Mr. Campbell has stated that he cannot provide the requested public records unless attorney David J. Aleshire, reviews certain emails to determine whether the same would be exempt from disclosure under the CPRA; and WHEREAS, the City Council further wishes to create an ad hoc subcommittee comprised of Mayor Pro Tem Jerry Duhovic and Councilmember Eric Alegria, for the purpose of reviewing, in conjunction with the City Attorney's Office, Mr. Campbell's emails for nonexempt responsive documents. Mr. Duhovic was present for all the closed session discussions about which Mr. Campbell has expressed concern, and Mr. Aleshire has offered to assist as needed. The creation of the ad hoc subcommittee addresses Mr. Campbell's concern regarding knowledge of the closed session discussions. 01203.0030/465487.2 Resolution No. 2018-22 Page 2 of 5 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council finds and determines that the foregoing recitals are true and correct, and adopt the recitals as findings in support of the actions taken herein. Section 2. The City of Rancho Palos Verdes does hereby establish a legislative proceeding before the City Council to ascertain the sufficiency, adequacy, and completeness of Mr. Campbell's response(s) to the CPRA Requests (noted above) and compliance with the CPRA during his tenure on the City Council, and to take such action, as may be warranted by law to assure his timely, complete, and comprehensive complaint with the same. Section 3. The City of Rancho Palos Verdes does hereby further establish a legislative proceeding before the City Council to ascertain the sufficiency, adequacy, and completeness of response(s) to CPRA requests for any and all City employees who have used or still use private email accounts on personal electronic devices to conduct City business. Section 4. The CPRA Requests covered by the subpoena authorized and issued herewith include the following (Attachments 1 through 4, respectively, to Exhibit "A"): a. Mr. Michael Huang (November 10, 2017) b. Green Hills Memorial Park (December 4, 2018) c. Ms. Tracy Burns (April 5, 2018) d. Ms. Tracy Burns (April 6, 2018) Section 5. The City Council hereby authorizes and directs the issuance of a legislative subpoena to Mr. Brian Campbell, commanding the production of public records located on Mr. Campbell's personal electronic devices in response to the CPRA Requests. Section 6. The City Council further authorizes and directs that any legislative subpoena issued pursuant to the authority provided by this Resolution shall be in a form provided by the City Attorney that is substantially similar to the proposed form that is attached to this Resolution as Exhibit "A." The legislative subpoena(s) shall be signed by the Mayor and attested to by the City Clerk. A copy of this Resolution shall be attached to any subpoena(s) and shall be incorporated by reference into each subpoena(s). Any subpoena(s) shall be served upon the subpoenaed parties in the same manner as subpoenas are served in a civil action. Section 7. The City Council hereby declares that failure to comply with the subpoenas issued pursuant to this Resolution shall subject the subpoenaed parties to the 01203.0030/465487.2 Resolution No. 2018-22 Page 3 of 5 remedies set forth in Government Code §§ 37104 et seq. or such other remedies as is provided by law. Section 8. The City Council hereby authorizes the Mayor, City Manager, City Clerk and the City Attorney to take such actions as may be necessary or proper to issue, serve and enforce any subpoena(s) issued pursuant to this Resolution. This authorization includes the issuance of such further subpoena(s) to any person or entity, their officers, employees and agents, in furtherance of obtaining public records, testimony and/or other information that will assist the City, its staff, and attorneys in their efforts to investigate any failure to comply with the CPRA by Mr. Campbell. Should a witness fail to produce the subpoenaed documents and/or evidence, the Mayor is authorized to report the witnesses' failure to abide by the subpoena to the Superior Court and seek any and all lawful remedies including a ruling holding the subpoenaed witness in contempt. Section 9. The City Council hereby create an ad hoc subcommittee comprised of Mayor Pro Tern Jerry Duhovic and Councilmember Eric Alegria to review, with the assistance of the City Attorney's Office, all emails submitted in response to the subpoena. The ad hoc subcommittee has the authority to make a determination regarding which documents, if any, are nonexempt and disclosable under the CPRA, and so disclose them. Section 10. The City Council finds and determines that, in order to assist the City Council in the conduct of its investigation, the ad hoc subcommittee may, from time to time, recommend that the City Council issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony in this proceeding before the City Council. Section 11. The City Council further finds and determines that, in order to assist the City Council in the conduct of its investigation, the ad hoc subcommittee may, from time to time, recommend that the Council issue additional subpoenas in this matter in the event new CPRA requests are made following the adoption of this Resolution and the issuance of the subpoena. Section 12. Exhibits. All exhibits to this Resolution are incorporated herein by reference and made a part hereto. Section 13. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this resolution or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The City Council hereby declares that it would have adopted this resolution, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. 01203.0030/465487.2 Resolution No. 2018-22 Page 4 of 5 Section 14. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. This Resolution shall be effective immediately upon passage and adoption. PASSED, APPROVED and ADOPTED this 17th day of April 2018. Mayor Attest: 4111 1111111111Wr" lerk State of California ) County of Los Angeles ) ss City of Rancho Palos Verdes ) I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2018-22 was duly and regi :rly passed and adopted by the said City Council at a regular meeting thereof held on )�p '117, 2018. MIK ,qty Clerk 01203.0030/465487.2 Resolution No. 2018-22 Page 5 of 5 INRE: BRIAN CAMPBELL SUBPOENA FOR PRODUCTION OF PUBLIC RECORDS TO: Mr. Brian Campbell LEGISLATIVE SUBPOENA (Government Code§§ 37104 el seq) Production Date: May 22, 2018 Time: 1 :00 p.m., PST Place: City of Rancho Palos Verdes City Hall, 30940 Hawthorne Blvd., Rancho Palos Verdes, California 90275 FROM: CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA 1. On April 17, 2018, the City Council of Rancho Palos Verdes adopted Resolution No. 2018-22 authorizing and directing the issuance of this subpoena. A true and copy of such Resolution No. 2018-22 is attached hereto as Exhibit 2 and incorporated by this reference. 2. YOU ARE HEREBY ORDERED & COMMANDED by the City Council of the City of Rancho Palos Verdes to appear in person and deliver true, complete, legible, and durable copies of the Public Records described in Exhibit "1" hereto at a Special City Council Meeting of the City of Rancho Palos Verdes at 30940 Hawthorne Blvd, Rancho Palos Verdes, California 90275, to be held on May 29, 2018, at 6:00 p.m. 3. ALTERNATIVELY, YOU ARE NOT REQUIRED TO APPEAR IN PERSON PROVIDED you deliver true, complete, legible, and durable copies of the Public Records described in Exhibit "1" on or before 1:00 p.m., PST, on May 22, 2018, to: Doug Willmore City Manager City of Rancho Palos Verdes 30940 Hawthorne Blvd Rancho Palos Verdes, California 90275 3. All Public Records produced to the City shall be accompanied by a declaration or affidavit warranting to their authenticity and completeness sufficient to meet the requirements of California Code of Civil Procedure § 2020.430. The City will pay all reasonable documented costs associated with photocopying the requested documents. If costs exceed $500.00 please contact William W. Wynder, Esq., at (310) 527-6667 before copying. 4. This subpoena is issued pursuant to California Government Code §§ 37104 et seq. and was authorized at a duly noticed meeting of the City of Rancho Palos Verdes City Council. II I Resolution No. 2018-22 Exhibit A Page 1 of 27 5. Disobedience of this subpoena will be referred to the Superior Court for enforcement and is punishable as contempt pursuant to California Government Code §§ 37104 et seq and as otherwise provided by law. Should you have any questions regarding this subpoena please contact: William W . Wynder (SBN 84753) Attorney for the City of Rancho Palos Verdes Aleshire & Wynder, LLP 2361 Rosecrans Bou levard, Suite 475 Date Issued: Apri l 19, 2018 City of Rancho Palos VerdesiJ BY:~..f.~t _;; Susan Brooks El Segundo, CA 90245 Mayor, City of Rancho Pa los Verdes APPROVE AS TO FORM City Clerk Resolution No. 2018-22 Exhibit A Page 2 of 27 EXHIBIT "I" DEFINITIONS "CITY BUSINESS EMAIL" means any email that constitutes a public record, i.e., any email containing information relating to the conduct of the City's business in the possession, custody, or control of Mr. Campbell. "CITY EMPLOYEE" shall include current and former employee(s) and independent contractors performing work for the City, including public officials and Councilmembers. "CPRA" means the California Public Records Act, Government Code Section 6250 et seq. "CPRA REQUESTS" means the following requests (or as they may be amended or clarified): e Michael Huang (November 10, 2017, renewed at Council meeting on April 3, 2018, and amended on April 6, 2018), attached as Attachment 1 e Green Hills (December 4, 2018, renewed from May 20, 2016), attached as Attachment 2 • Tracy Burns (April 5, 2018, and amended on April 6, 2018 and April 9, 2018); attached as Attachment 3 • Tracy Burns (April 6, 2018, and amended on April 9, 2018); attached as Attachment 4 "PERSONAL EMAIL ACCOUNT" means any electronic email account or accounts that is/are controlled solely by Mr. Campbell, without any affiliation or control by the City. "PERSONAL ELECTRONIC DEVICE(S)" means any computer, tablet, mobile phone (including smm1 phone), or any electronic device capable of receiving, storing, or sending electronic messages and electronic mail. Personal electronic devices also include personal email accounts. "PUBLIC RECORD" has the same meaning as Section 6252(c) of the Government Code. "MR. CAMPBELL" means Mr. Brian Campbell, former councilmember and mayor of the City of Rancho Palos Verdes. Resolution No. 2018-22 Exhibit A Page 3 of 27 REQUESTED DOCUMENTS A. All emails on Mr. CampbeH's personal electronic dlevices, responsive to Mr. Michael Huang's November 10, 2017 CPRA request, requests nos. 1 through 23. (See Attachment 1 for the original request aml later clarifications.) 1. A list of recipients' email addresses, in electronic form, to whom Mr. Campbell sent an email about me on October 5, 2017, from all email accounts, including but not limited to: campbell.rpv@gmail.com and brian.campbell@rpvca.gov. 2. A list of all email addresses used by Mr. Campbell to receive emails forwarded from Mr. Campbell's work email addresses from January 1, 2016 through December 31, 2017. 3. All emails received and sent by Mr. Campbell from all of his email addresses from January 1, 2017, to present. 4. All emails received and sent by Mr. Campbell from all of his email accounts related to City Council Election from January 1, 2016 through December 31, 2017. 5. All emails received and sent by Mr. Campbell from all of his email accounts related to Dave Emenhiser. 6. All emails received and sent by Mr. Campbell from all of his email accounts related to Krista Johnson. 7. All emails received and sent by Mr. Campbell from all of his email accounts related to Krista Johnson's House Fire. 8. All emails received and sent by Mr. Campbell from all of his email accounts related to Planning Commission. 9. All emails received and sent by Mr. Campbell from all of his email accounts related to Short-Term Rental. I 0. All emails received and sent by Mr. Campbell from all of his email accounts related to Short-Term Rental Advertising. 11. All emails received and sent by Mr. Campbell from all of his email accounts related to City Council. 12. All emails received and sent by Mr. Campbell from all of his email accounts related to Party Houses. Resolution No. 2018-22 Exhibit A Page 4 of 27 13. All emails received and sent by Mr. Campbell from all of his email accounts to and from Johnson. 14. All emails received and sent by Mr. Campbell from all of his email accounts to and from Emenhiser. 15. All emails received and sent by Mr. Campbell from all of his email accounts to and from Nelson. 16. All emails received and sent by Mr. Campbell from all of his email accounts to and from Sai. 17. All emails received and sent by Mr. Campbell from all of his email accounts to and from Tang. 18. All emails received and sent by Mr. Campbell from all of his email accounts to and from Lewis. 19. All email received and sent by Mr. Campbell from all of his email accounts to and from Mizuguchi. 20. All email received and sent by Mr. Campbell from all of his email accounts to and from Trull. 21. All email received and sent by Mr. Campbell from all of his email accounts to and from Hendrickson. 22. All email received and sent by Mr. Campbell from all of his email accounts to and from Eric Marie 23. All email received and sent by Mr. Campbell from all of his email accounts to and from Siegel from January l, 2016 through December 31, 2017. B. All emails on Mr. Campbell's personal electronic devices, responsive to Green Hills Memorial Park's December 4, 2017 CPRA request, requests 1110s. 1, 2, 5 and 6, specifically: l. All Communications from Mr. Campbell that reference Green Hills Memorial Park. 2. All Communications to Mr. Campbell that reference Green Hills Memorial Parle 5. All Communications between Brian Campbell and residents or owners of the Vista Verde Condominiums, located at 2110 Palos Verdes Drive, Lomita, CA. Resolution No. 2018-22 Exhibit A Page 5 of 27 6. All Communications between Brian Campbell and Attorney Noel Weiss. (See Attachment 2 for the original request.) C. All emails on Mr. Campbell's persona~ electronic devices, responsive to Ms. Tracy Bums' April 5, 2018 CPRA request, specifically: All emails relating to City business received or sent by Mr. Campbell using any and all personal electronic devices, from January 1, 2016 through December 5, 2017. (See Attachment 3 for the original request and clarifications thereto.) D. All emails on Mr. Campbell's personal electronic devices, responsive to Ms, Tracy Bums' April 6, 2018 CPRA request, specifically: All emails received or sent to Jeffrey Lewis for the period between January 1, 2006 through December 31, 2007, using the following keywords: Green Hills, GH, Vista Verde Homeowner's Association, VVHOA, VV, setback, building. (See Attachment 4 for the original request and clarifications thereto.) Resolution No. 2018-22 Exhibit A Page 6 of 27 ATTACHMENT 1 TO LEGISLATIVE SUBPOENA CPRA REQUEST FROM MR. MICHAEL HUANG, DATED NOVEMBER 10, 2017 Resolution No. 2018-22 Exhibit A Page 7 of 27 From: Sent: To: Cc: Subject: ATTACHMENT 1 Emily Colborn <ecolborn@rpvca.gov> Monday, April 09, 2018 4:38 PM Juliette Tran Teresa Takaoka FW: FW: Final Determination Re 2017 Batch of Records From: Michael Huang [mailto:mikehgalaxy@gmail.com] Sent: Monday, April 09, 2018 4:06 PM To: Emily Colborn <ecolborn@rpvca.gov> Subject: Re: FW: Final Determination Re 2017 Batch of Records Hi Emily, Thank you for your clarification. Yes, in the interest of saving time and money, it is acceptable to modify my records request to the years 2016 and 2017 for the item numbers you indicated, items #2 and #4 -1!23 and request responsive documents for the additional years as we receive the emails from the years prior. Thank you ve1y much for your help. Sincerely, Mike Huang Resolution No. 2018-22 Exhibit A Page 8 of 27 From: Sent: To: Cc: Su bj e ct: Dear Ms. Colborn , Michael Huang <mikehgalaxy@gmail.com > Friday, April 06, 2018 4:07 PM Emi ly Co l born Teresa Takaoka; Juliette Tran; Doug Willmore; Dave Aleshire Re: FW: Final Determination Re 2017 Batch of Records Thank you for your email. Yes, per my verbal request from the City Council meeting on April 3, 2018, I would like to renew my public records request from my original email request on November 10, 2017. From the emails that were produced from the official City servers, it is obvious that Brian Campbell primarily used his email accounts to conduct city business. In the interest of saving the C ity time and money, I wou ld like to amend my request for the City to obtain emails only from all non-City email servers used by Brian Campbell. Specifically , I am requesting the following documents : Per the Freedom of Information Act, I am mak in g the following information request: 1. A list of recipients' ema il addresses, in electronic form , to whom Br ian Campbell sent an ema il about me on Octob er 5, 2017, from a ll of his e mail accounts with th e exception of offi cial City email ac co unts , in cluding but not limited to: campbe ll.rov@gmai l.com . 2 . A li st of all email addresses used by Br ian Campbe ll to receive emai ls forwarded from Brian Campbell's official city ema il addresses from January 1, 2009, to present. 3 . All email s received and sent by Brian Campbell from a ll of his e mail se rv ers w ith th e excep ti on of official City se rv e rs from January 1, 2017, to present . 4 . All ema il s rece ived and sent by Brian Campbe ll from all of hi s email se rv ers with th e excep tion of official City se rv ers related to City Council Election . 5 . All emai ls received and sent by Brian Campbe ll from all of hi s email se 1vers with th e excep ti on of offi cial Cit y se rv ers related to Dave Emenhiser. 6. All emails received and sent by Brian Campbe ll from a ll of hi s email se rv ers w ith th e excep tion of offi cial Cit y se rv ers related to Krista Johnson. 7 . All emai ls received and se nt by Brian Campbe ll from a ll of hi s email se rv ers with the excep tion of offi cial City se rv e rs related to Krista Johnson's House Fire . 8. All ema il s rece ived and sent by Brian Campbe ll from all of hi s e mail se rv ers w ith th e excep tion of offi cial Citv se rv ers related to Plann in g Comm ission. 9. All emai ls received and sent by Brian Campbell from a ll of h is ema il se rv ers w ith the exce ption of offi cial City se rv ers related to Short-Term Renta l. 10. A ll emails received and sent by Br ian Campbell from a ll of hi s email se rv ers with th e excep tion of off icial City se rv ers related to Short-Term Rental Advertising. 11. All emai ls received and sent by Br ian Campbell from all of hi s e mail se rv ers w ith th e excep tion of official City se rv ers re lated to City Council. 12. All emails rece ived and sent by Bri a n Campbel l from all of his email se rv ers with th e excep tion of offici al City se rv e rs related to Party Hou ses. Resolution No. 2018-22 Exhibit A Page 9 of 27 13. All emails received and sent by Brian Campbell from a ll of hi s email se rvers with th e exc ep tion of offic ial City se rv ers to and from Johnson. 14. All emails received and sent by Brian Campbe ll from all of his email se rv ers wit h the exc ep tion of official Cit y se rv e rs to and from Eme nhi ser. 15. All emails received and sent by Brian Campbell from a ll of his ema il se rv ers w ith t he excep tion of offic ial City se rv ers lo a nd from Nelson. 16. All emails received and sent by Bri an Campbell from all of hi s email se rv e rs with th e exce ption of offici al City se rv e rs to a nd from Sai. 17. All emails received and sent by Br ian Cam pb ell from a ll of h is ema il se rv ers wit h th e exc ep t ion of offic ial City se rv ers to and from Tang. 18. All ema il s received and sent by Bri an Campbell from a ll of hj s email serv e rs w ith th e excep tion of official City se rv ers to and from Lewis . 19. Al l ema il received and se nt by Br ian Campbell from a ll of his email se rv ers w ith th e excep tion of offi cial City se rv ers to a nd from Mizuguchi. 2 0 . Al l ema il rec e ived and sent by Br ian Campbell from a ll of hi s email se rv e rs wit h th e exce pt ion of offici a l City se rv e rs to and from Trull . 2 1. All ema il rece ived and sent by Brian Campbell from a ll of hj s email se rv ers w ith the excep ti on of offic ial Cit y se rv ers to and from Hendrickson . 22. All emai l rece ived and sent by Brian Campbe ll from a ll of h is email se rv e rs w ith th e excep t ion of offi cia l City se rv ers to a nd from Eric Mark. 23. All ema il rece ived and se nt by Brian Campbell from a ll of his email se rv e rs wit h th e excep tion of offici a l City se rv e rs to and from Siegel. I understand from the City Council meeting that the City cmTently does not possess the emai ls Brian Campbell used on his non-City emai l server to conduct city business. But it is also my understanding that these emails are public records as determined by the California Supreme Co mt, and I expect the Ci ty to obtain them from Brian Campbell. I would also suggest the City take steps to insure that Brian Campbell does not delete ot destroy these records. Lastly, depending on the information obtained from the request above, I may seek additional emails from Brian Campbell 's non-City email servers that were used to conduct city business. So in the interes t of efficiency and expediency, it may be more efficient for the City to obtain the emai ls from all of the non -City email servers Brian Campbell used. I would also appreciate it if you can keep me updated on the status of the City's effort to obtain the se records. Please do not hesitate to contact me if you have a ny questions. Thank you. Sincerely, Mike Huang 2 Resolution No. 2018-22 Exhibit A Page 10 of 27 From: Sent: To: Cc: Subject: Dear Ms. Colburn, Michael Huang <mikehgalaxy@gmail.com> Friday, November 10, 2017 12:54 PM CityClerk Doug Willmore Freedom of Information Act Request Per the Freedom of Infonnation Act, I am making the following infonnation request: 1. A list of recipients' email addresses, in electronic fonn, to whom Brian Campbell sent an email about me on October 5, 2017, from all email accounts, including but not limited to: campbell.rpv(a>,gmail.com and brian. camp bell@rpvca. gov. 2. A list of all email addresses used by Brian Campbell to receive emails fo1warded from Brian Campbell's work email addresses from January 1, 2009, to present. 3. All emails received and sent by Brian Campbell from all of his email addresses from January 1, 2017, to present. 4. All emails received and sent by Brian Campbell from all of his email accounts related to City Council Election. 5. All emails received and sent by Brian Campbell from all of his email accounts related to Dave Emenhiser. 6. All emails received and sent by Brian Campbell from all of his email accounts related to Krista Johnson. 7. All emails received and sent by Brian Campbell from all of his email accounts related to Krista Johnson's House Fire. 8. All emails received and sent by Brian Campbell from all of his email accounts related to Planning Commission. 9. All emails received and sent by Brian Campbell from all of his email accounts related to Short-Tenn Rental. 10. All emails received and sent by Brian Campbell from all of his email accounts related to Shoti-Term Rental Advertising. 11. All emails received and sent by Brian Campbell from all of his email accounts related to City Council. 12. All emails received and sent by Brian Campbell from all of his email accounts related to Party Houses. 13. All emails received and sent by Brian Campbell from all of his email accounts to and from Johnson. 14. All emails received and sent by Brian Campbell from all of his email accounts to and from Emenhiser. 15. All emails received and sent by Brian Campbell from all of his email accounts to and from Nelson. Resolution No. 2018-22 Exhibit A Page 11 of 27 16. All emails received and sent by Brian Campbell from all of his email accounts to and from Sai. 17. All emails received and sent by Brian Campbell from all of his email accounts to and from Tang. 18. All emails received and sent by Brian Campbell from all of his email accounts to and from Lewis. 19. All email received and sent by Brian Campbell from a]J of his email accounts to and from Mizuguchi. 20. All email received and sent by Brian Campbell from all of his email accounts to and from Trull. 21. All email received and sent by Brian Campbell from all of his email accounts to and from Hendrickson. 22. All email received and sent by Brian Campbell from all of his email accounts to and from Eric Mark. 23. All email received and sent by Brian Campbell from all of his email accounts to and from Siegel. Please do not hesitate to contact me if any of these catagories are not clear. Thank you for your help. Sincerely, Mike Huang 2 Resolution No. 2018-22 Exhibit A Page 12 of 27 ATTACHMENT 2 TO LEGISLATIVE SUBPOENA CPRA ,REQUEST .FROM GREEN HILLS MEMORIAL PARK, DATED DECEMBER 4, 2017 Resolution No. 2018-22 Exhibit A Page 13 of 27 IJ GreenbergTraurig Ellen Berkowitz Tel 310 .586. 7763 Fax 310.586 .7800 berkowitze@gtlaw.com December 4, 2017 Em ily Co lborn, City Clerk City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 ATTACHMENT 2 Re: Public Records Act Request Dear Ms. Co lborn : On May 23, 2016, Green Hills Memorial Park ("Green Hills") submitted a request pursuant to the Public Records Act, Government Code Section 6250 et seq., for the following public records: 1. All Communications . from Brian Campbell that reference Green Hills Memorial Park. 2. All Communications to Brian Campbe ll that reference Green Hills Memorial Park. 3. All Communications from David Tomb lin that reference Green Hills Memorial Park. 4. All Communications to David Tomblin that reference Green Hills Memorial Park. To reduce the number of documents that could be deemed responsive to th is request, we defined the term "Communications" to include, but not be limited to, letters, emails, memoranda, notes or other written materials, but to exclude copies of agendas or staff reports transm itted to Mr. Campbell and /or Mr. Tomblin by City staff members as part of the City's regular distribution process for public hearings. We further stated that the term "Green Hills Memorial Park" includ es all other names by which the entity may be known such as Green Hills or GHMP, and includes references to members of its Board of Directors individu ally (R ay Frew, John Resich or Dennis Lane ). In response to our request, the City provided a handful of documents from Mr. Campbell, and advised that Mr. Tomblin did not have an y documents responsive to our request. In response to our further inquiry about the paucity of documents produced, the City advised that Mr. Campbell would produce add itional documents but if, and only if, he could personally hand- deliver such documents in a face-to-face meeting with Green Hills' President, Ray Frew. We LA 133406252v2 GREENBERG TRAURIG, LLP • ATIORNEYS AT IJ\W • WWW.GTLAW.COM 1840 Century Park East, Suite 1900, Los Angeles, California 90067-2121 •Tel, 310.586. 7700 • Fax 310.586. 7800 Resolution No. 2018-22 Exhibit A Page 14 of 27 Ms. Colborn December 4, 2017 Page 2 were also again advised that Mr. Tomblin did not have any documents responsive to our request. There is nothing in the Public Records Act that permits a public official such as Mr. Campbell to refuse to make public documents available unless the public official's demands dictating the terms for disclosure are met. Rather, the law requires the agency to allow the requested records to be inspected at the agency during its regular office hours. See Cal. Gov't Code § 6253(a); see also Summary of the California Public Records Act 2004 ("Summary")(California Attorney General's Office, at p. 4). Therefore, we renew our request for an inspection of the records in Mr. Campbell's possession that are responsive to our request. With regard to Mr. Tomblin's claim that no records responsive to our request exist, we also renew our request, as Mr. Tomblin's denial of the existence of such records strains credulity. Further, please be advised that since our original request, the California Supreme Court decided City of San Jose v. Superior Court, 2 Cal.5 1h 608 (2017), which held that communications on a city employee's personal email account are subject to disclosure under the Public Records Act when the communications relate to the conduct of the public's business. Id. at 629. The Court was careful to note that, to qualify as a public record subject to a disclosure, the "writing must relate in some substantive way to the conduct of the public's business." Id. at 618. "Resolution of the question, particularly when writings are kept in personal accounts, will often involve an examination of several factors, including the content itself; the context in, or purpose for which, it was written; the audience to whom it was directed; and whether the writing was prepared by an employee acting or purporting to act within the scope of his or her employment." Id. In light of the holding in City of San Jose, our renewed req(Jest includes altCommunications on Mr. Campbell's and Mr. Tornblin's personal email accounts that qualify as. public records pursuant to the standard set forth in that case. If either gentleman is unsure whether the nature of the particular Communication meets the definition of a public record (i.e., whether it relates to "the conduct of the public's business"), we would urge him to confer with the City Attorney for further guidance rather than simply claim there are no records responsive to this request. We further remind the City of the breadth of the scope of the Public Records Act, and the City's obligation to make the public's business accessible to members of the public. As articulated by the California Attorney General: "The public may inspect or obtain a copy of identifiable public records. Writings held by state or local government are public records. A writing includes all forms of recorded information that currently exist or that may exist in the future. The essence of the CPRA is to provide access to information, not merely documents and files. However, it is not enough to provide extracted information to the requestor, the document containing the information must be provided." LA 133406252v2 GREENBERG TRAURJG, LLP • Attorneys at Law • www.gtlaw.com Resolution No. 2018-22 Exhibit A Page 15 of 27 Ms. Colborn December4, 2017 Page3 Summary at p. 2. (footnotes omitted, emphasis added). To ensure that the City does not take an unduly restrictive reading of our request, we also augment our request for the term "Communications" to include references to Green Hills' management team (Thomas Frew and Nick Resich}, its attorneys (Kevin Brogan and Ellen Berkowitz) and its consultant (Rudy Svorinich). Additionally, Communications referring to Green Hills should also include references to "the cemetery" or "burial grounds" or "your neighbor" where it is clear that such terms are alluding to Green Hills. Finally, we add the following new requests: 5. All Communications between Brian Campbell and residents or owners of the Vista Verde Condominiums, located at 2110 Palos Verdes Drive, Lomita, CA ("Vista Verde"). 6. All Communications between Brian Campbell and Attorney Noel Weiss. 7. All Communications between David Tomblin and residents or owners of Vista Verde. 8. All Communications between David Tomblin and Attorney Noel Weiss. Should the City refuse to provide Green Hills with the opportunity to inspect Communications responsive to this request, please be advised that we will not hesitate to pursue all available remedies, including but not limited to, our right to institute proceedings for injunctive or declarative relief or writ of mandate. Cal. Gov't Code § 6258. Pursuant to the Public Records Act, please further be advised that should the court find that the City is improperly withholding the requested records, the court shall order the records disclosed, and shall award attorney's fees and costs to. the prevailing petitioner. Id. at 6259(b), (d). Thank you for your renewed consideration of our request. We look forward to your prompt reply. cc: Kevin Brogan LA 133406252v2 GREENBERG TRAURIG, LLP • Attorneys at Law • www.gtlaw.com Resolution No. 2018-22 Exhibit A Page 16 of 27 ATTACHMENT 3 TO LEGISLATIVE SUBPOENA CPRA REQUEST FROM MS. TRACY BURNS, DATED APRIL 5, 2018 Resolution No. 2018-22 Exhibit A Page 17 of 27 From: Sent: To: Cc: Subject: Hi Tracy, ATTACHMENT 3 Emily Colborn <ecolborn@rpvca.gov > Monday, Apri l 09, 2018 4:45 PM Tracy Burns Teresa Takaoka; Juliette Tran RE : RPV -Public Records Request (ALL emails to and from Brian Campbell) Per our conversation, we will be requesting all emails during January 1, 2016 to December 5, 2017 (the day he left office) relating to city business Brian Campbell received or sent using any and all private ema il accou nts only. f{espons ive documents for any add itional years may be requested as we receive the emai ls from the years prior. Please note per your request below DQ search of emails on City email servers will be conducted. Please allow up to ten (10) days from your inquiry date for a response. In the meantime, shou ld you need an y addit iona l informat ion or have any questions, feel free to contact me. -Emi ly Em ily Co l born, MMC, City Clerk City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 (310) 544-5208 Please consider the environment before printing this e-mail. From: Tracy Burns [ma i lto:akamomma@gmail.com] Sent: Friday, April 06, 2018 10:10 AM To: Teresa Takaoka <TeriT@rpvca .gov>; CityClerk <CityC lerk@rpvca .gov> Subject: Re: RPV -Public Records Request (ALL ema il s to and from Br ian Ca mpbell) THIS ONE IS STILL GOOD and I only want the records from Brian Campbell nothing from the city, because it is ALL from his private email accounts he used to conduct city business. Sincerely, Tracy Burns On Thu, Apr 5, 2018 at 10: 17 AM, Tracy Bums <akamomma@gmail.com> wrote: Official Public Records Request Please provide any and all emails relating to city business Brian Campbell received or sent using any and all private email accounts during his entire tenure on the City Council (8 years). The California Supreme Court (City of San Jose v. Superior Court) decided that City-related emails on public officials' private email accounts were public records and discoverable. Resolution No. 2018-22 Exhibit A Page 18 of 27 Sincerely, Tracy Bums Tracy 2 Resolution No. 2018-22 Exhibit A Page 19 of 27 ATTACHMENT 4 TO LEGISLATIVE SUBPOENA CPRA REQUEST FROM MS. TRACY BURNS, DATED APRIL 6, 2018 Resolution No. 2018-22 Exhibit A Page 20 of 27 From: Sent: To: Cc: Subject: Hi Tracy, ATTACHM ENT 4 Em ily Colborn <eco lborn@rpvca.gov> Monday, April 09, 2018 4 :11 PM Tracy Burns Teresa Takaoka; Juliette Tran RE: RPV -Public Records Req uest (City Clerk) To summarize our conversation from earli er today, our IT department will search City email servers for responsive documents pertaining to your PRA below. Th is initial sea rch will include email s o nly for the years 2007 and 2006 (from January 1, 2006 to December 31, 2007) using the following search terms: Green Hills, GH, Vista Verde Homeowner's Association, VVHOA, VV, setback, bu ilding . We wi ll start with these dates since your request has a specia l interest in the year 2007. This same request will be forwarded to Brian Campbe ll requesting emails from any of his personal ema il account. Subsequent searches for responsive documents may be done for add itiona l years requested as we rece ive a nd review the ema il s from the years prior. For your reference Jeffery Lewis served on the Planning Commission from 2006-2014. Please allow up to ten (10) days from your inquiry date for a response. In the meantime, shou Id you need any add itiona l information or have any questions, feel free to contact me. -Emily Emily Colborn, MMC, City Clerk City of Rancho Pa los Verdes 30940 Hawthorne Blv d. Rancho Pa lo s Verdes, CA 90275 (310 ) 544 -5208 Please cons ider t ho enviro nm ent b efor e p rinting th is o-mail. From: Tracy Burns [m ail t o :a ka mo m m a@g m a il.co m ] Sent: Friday, April 06, 2018 10:08 AM To: CityClerk <Cit y Cle r k@ r pv ca .gov>; Teresa Takaoka <TeriT@ r pvca .go v> Subject: RPV -Public Records Request (City Clerk) Offic ia l Public Records Request From the RPV City Clerk - P lease provide any emai ls Jeffrey Lewis sent to or received from Brian Campbe ll during his (J eff's ) tenure as P lanning Comm issioner. P lease pay specia l attention to any commun ications that conta in any of the following keywords: Green Hills , GH, Vista Verde Homeowner's Association, WHOA, VV, setback, building . I believe the Planning Commiss ion which included Jeffrey Lewis at that time, gra·nted approval to Green Hills in 2007. Additionally, p lease provide a copy of the comp lete STR file regarding 7242 Avenida Altisima in cluding a li st of act ion s taken with dates. If any closed door City Council Meeting files have been de-classified within the last year I'd like a copy of tho se also. Resolution No. 2018-22 Exhibit A Page 21 of 27 EXHIBIT "2" Resolution No. 2018-22 Exhibit A Page 22 of 27 RESOLUTION NO. 2018-22 A RESOLUTION OF THE COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, AUTHORIZING THE CREATION OF AN AD HOC SUBCOMMITTEE AND AUTHORIZING AND DIRECTING THE ISSUANCE OF SUBPOENAS COMMANDING THE PRODUCTION OF CITY PUBLIC RECORDS STORED OR RETAINED ON THE PERSONAL ELECTRONIC DEVICES OF FORMER MAYOR BRIAN CAMPBELL IN RESPONSE TO MULTIPLE CALIFORNIA PUBLIC RECORDS ACT REQUESTS AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME WHEREAS, Government Code §§ 37104 et seq. authorize the City Council to issue legislative subpoenas "requiring attendance of witnesses or production of books or other documents for evidence or testimony in any action or proceeding pending before it"; and WHEREAS, until January of this year, City officials (Councilmembers and members of boards, commissions, and committees) were permitted under City policy to use private email accounts for City business. Under that policy, City business emails solely in the possession of city officials fell outside the scope of CPRA. This policy was affected in 2017 by the Supreme Court's ruling in City of San Jose v. Superior Court (2017) 2 Cal.5th 608, which held that when a city employee or former employee uses a personal account to communicate about the conduct of public business, the writings may be subject to disclosure under the CPRA. Under the CPRA, "employees" and "former employees" include current and former councilmembers; and WHEREAS, because City officials were permitted to use personal electronic devices to send and receive City business communications, the City has long had a practice of requesting emails on personal electronic devices that are potentially responsive to CPRA requests, even before San Jose; and WHEREAS, Mr. Brian Campbell served on the City Council from December 2009 through December 2017, with his last year as Mayor. Any email regarding City business that he sent or received during his tenure on the City Council are subject to City review, evaluation for possible exemptions, evaluation for possible redaction, and evaluation for possible disclosure under the CPRA; and WHEREAS, on November 10, 2017, the City received a CPRA request from Mr. Michael Huang (renewed and amended on April 9, 2018), which included City business emails to/from Mr. Campbell. Mr. Huang's request; and WHEREAS, on December 4, 2017, the City received a CPRA request from Green Hills Memorial Park, Inc., (a renewal of a May 2016 request), which included City business emails to/from Mr. Campbell; and 01203.0030/465487.2 Resolution No. 2018-22 Page 1 of 5 Resolution No. 2018-22 Exhibit A Page 23 of 27 WHEREAS, the City Clerk attempted to obtain compliance with Mr. Huang's request, to no avail; and WHEREAS, the City Attorney's Office made a number of attempts by email and letter to obtain compliance from Mr. Campbell to the requests by Mr. Huang and Green Hills from November 2017 through March 9, 2018, offering repeatedly to have an attorney assist him with the review of the emails, also to no avail, and has committed significant resources to obtaining compliance; and WHEREAS, on April 5, 2018, and April 6, 2018, the City received two separate CPRA requests from Ms. Tracy Burns (modified on April 9, 2018) for emails to/from Mr. Campbell; and WHEREAS, the City of Rancho Palos Verdes is fully committed to transparency in government, and recently adopted new City Council Rules of Procedure (also applicable to commissions, boards, and committees) to further this goal; and WHEREAS, the City Council finds that allowing a sitting or former councilmember, or any City employee, not to fully and promptly respond to CPRA requests runs counter to the spirit and letter of the law and runs counter to the City's commitment to open government; and WHEREAS, Mr. Campbell has a history of failing or refusing to provide public records in response to multiple CPRA requests. To wit, Mr. Campbell failed or refused to provide public records for review in response to a request from Barry Yudess, dated May 19, 2016, and failed or refused to provide public records for review in response to a request from Barry Hildebrand, dated May 20, 2016, and failed or refused to provide public records for review in response to a request from Ed Pilolla, dated May 27, 2016; and WHEREAS, with this Resolution, the City Council intends to extend its authority to issue such additional subpoenas as may be warranted in the event City receives new or amended CPRA requests for Mr. Campbell's City business emails on his personal electronic devices after the date of this Resolution; and WHEREAS, Mr. Campbell has stated that he cannot provide the requested public records unless attorney David J. Aleshire, reviews certain emails to determine whether the same would be exempt from disclosure under the CPRA; and WHEREAS, the City Council further wishes to create an ad hoc subcommittee comprised of Mayor Pro Tern Jerry Duhovic and Councilmember Eric Alegria, for the purpose of reviewing, in conjunction with the City Attorney's Office, Mr. Campbell's emails for nonexempt responsive documents. Mr. Duhovic was present for all the closed session discussions about which Mr. Campbell has expressed concern, and Mr. Aleshire has offered to assist as needed. The creation of the ad hoc subcommittee addresses Mr. Campbell's concern regarding knowledge of the closed session discussions. 01203 '0030/465487 .2 Resolution No. 2018-22 Page 2 of 5 Resolution No. 2018-22 Exhibit A Page 24 of 27 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council finds and determines that the foregoing recitals are true and correct, and adopt the recitals as findings in support of the actions taken herein. Section 2. The City of Rancho Palos Verdes does hereby establish a legislative proceeding before the City Council to ascertain the sufficiency, adequacy, and completeness of Mr. Campbell's response(s) to the CPRA Requests (noted above) and compliance with the CPRA during his tenure on the City Council, and to take such action, as may be warranted by law to assure his timely, complete, and comprehensive complaint with the same. Section 3. The City of Rancho Palos Verdes does hereby further establish a legislative proceeding before the City Council to ascertain the sufficiency, adequacy, and completeness of response(s) to CPRA requests for any and all City employees who have used or still use private email accounts on personal electronic devices to conduct City business. Section 4. The CPRA Requests covered by the subpoena authorized and issued herewith include the following (Attachments 1 through 4, respectively, to Exhibit "A"): a. Mr. Michael Huang (November 10, 2017) b. Green Hills Memorial Park (December 4, 2018) c. Ms. Tracy Burns (April 5, 2018) d. Ms. Tracy Burns (April 6, 2018) Section 5. The City Council hereby authorizes and directs the issuance of a legislative subpoena to Mr. Brian Campbell, commanding the production of public records located on Mr. Campbell's personal electronic devices in response to the CPRA Requests. Section 6. The City Council further authorizes and directs that any legislative subpoena issued pursuant to the authority provided by this Resolution shall be in a form provided by the City Attorney that is substantially similar to the proposed form that is attached to this Resolution as Exhibit "A." The legislative subpoena(s) shall be signed by the Mayor and attested to by the City Clerk. A copy of this Resolution shall be attached to any subpoena(s) and shall be incorporated by reference into each subpoena(s). Any subpoena(s) shall be served upon the subpoenaed parties in the same manner as subpoenas are served in a civil action. Section 7. The City Council hereby declares that failure to comply with the subpoenas issued pursuant to this Resolution shall subject the subpoenaed parties to the 01203 .0030/465487 .2 Resolution No. 2018-22 Page 3 of 5 Resolution No. 2018-22 Exhibit A Page 25 of 27 remedies set forth in Government Code §§ 37104 et seq. or such other remedies as is provided by law. Section 8. The City Council hereby authorizes the Mayor, City Manager, City Clerk and the City Attorney to take such actions as may be necessary or proper to issue, serve and enforce any subpoena(s) issued pursuant to this Resolution. This authorization includes the issuance of such further subpoena(s) to any person or entity, their officers, employees and agents, in furtherance of obtaining public records, testimony and/or other information that will assist the City, its staff, and attorneys in their efforts to investigate any failure to comply with the CPRA by Mr. Campbell. Should a witness fail to produce the subpoenaed documents and/or evidence, the Mayor is authorized to report the witnesses' failure to abide by the subpoena to the Superior Court and seek any and all lawful remedies including a ruling holding the subpoenaed witness in contempt. Section 9. The City Council hereby create an ad hoc subcommittee comprised of Mayor Pro Tern Jerry Duhovic and Councilmember Eric Alegria to review, with the assistance of the City Attorney's Office, all emails submitted in response to the subpoena. The ad hoc subcommittee has the authority to make a determination regarding which documents, if any, are nonexempt and disclosable under the CPRA, and so disclose them. Section 10. The City Council finds and determines that, in order to assist the City Council in the conduct of its investigation, the ad hoc subcommittee may, from time to time, recommend that the City Council issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony in this proceeding before the City Council. Section 11. The City Council further finds and determines that, in order to assist the City Council in the conduct of its investigation, the ad hoc subcommittee may, from time to time, recommend that the Council issue additional subpoenas in this matter in the event new CPRA requests are made following the adoption of this Resolution and the issuance of the subpoena. Section 12. Exhibits. All exhibits to this Resolution are incorporated herein by reference and made a part hereto. Section 13. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this resolution or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The City Council hereby declares that it would have adopted this resolution, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. 01203.0030/465487.2 Resolution No. 2018-22 Page 4 of 5 Resolution No. 2018-22 Exhibit A Page 26 of 27 Section 14. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. This Resolution shall be effective imm ed iately upon passage and adoption. PASSED, APPROVED and ADOPTED this 17 1h day of April 2018. ~--A.e~L Mayor Attest: State of California ) County of Los Angeles ) ss City of Rancho Palos Verdes ) I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2018-22 was duly and reg rly passed and adopted by the said City Council at a regular meeting thereof held on p ·117, 2018 . ...... ) . I hereby certify that the foregoing cfooument 11 a full, true and correct copy of ;"2z ......, ., ~\ycl)\::YI ~· ~ -· L-L- ----~--4-----..... --~~~~~~-=---th• off Ice of th• City Clerk of Palos Verdea. 01203.0030/465487.2 Resolution No. 2018 -22 Page 5 of 5 Resolution No. 2018-22 Exhibit A Page 27 of 27