CC RES 2018-050 RESOLUTION 2018-50
A RESOLUTION OF THE COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, CALIFORNIA, AUTHORIZING THE ISSUANCE OF TWO (2)
LEGISLATIVE SUBPOENAS FOR THE PERSONAL APPEARANCE AND
EXAMINATION OF INDIVIDUALS IN CONNECTION WITH THE CITY
COUNCIL INVESTIGATION INTO POSSIBLE VIOLATIONS OF THE
RALPH M. BROWN ACT
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, on May 1, 2018, the City Council adopted Resolution No. 2018-25, "A
RESOLUTION OF THE COUNCIL OF THE CITY OF RANCHO PALOS VERDES,
CALIFORNIA, DIRECTING CITY STAFF AND THE OFFICE OF THE CITY ATTORNEY
TO INVESTIGATE POSSIBLE VIOLATION(S) OF THE RALPH M. BROWN ACT,
GOVERNMENT CODE § 54963, TASK THE RECENTLY CREATED AD HOC
SUBCOMMITTEE TO OVERSEE SUCH INVESTIGATION AND REPORT THE RESULTS
OF THE SAME TO THE FULL CITY COUNCIL, AND AUTHORIZE THE ISSUANCE OF
LEGISLATIVE SUBPOENAS, IF AND AS NEEDED, TO AID IN SUCH INVESTIGATION;"
and
WHEREAS, in aid of that legislative proceeding, the Office of the City Attorney sent
written requests to an identified group of individuals seeking in-person interviews to
"determine the extent of [their] knowledge, if any, of potential violation committed both
other(s) of the open meeting laws." These letters further requested a response by a July 2,
2018, deadline and advised that "failure to respond . . . will require our office to take the
necessary steps to secure your interview by legislative subpoena . . . ." and
WHEREAS, two (2) of the individuals to whom letters were sent declined to be
interviewed absent the issuance of a legislative subpoena; and
WHEREAS, in aid of the City Council legislative proceeding it will now be necessary
to issue two (2) legislative subpoenas in order to compel the personal attendance of the
individuals in question.
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 Council hereby authorizes and directs the issuance of two (2)
legislative subpoenas directed to Ms. Sharon Loveys and Mr. Noel Weiss, respectively,
commanding their personal appearance and the production of documents in aid of the
legislative proceeding before the City Council.
Section 3. The legislative subpoenas shall be signed by the Mayor and attested to by the
City Clerk. A copy of this Resolution shall be attached to any subpoenas and shall be
incorporated by reference into each subpoenas. Any subpoenas shall be served upon the
subpoenaed parties in the same manner as subpoenas are served in a civil action.
Section 4. The City Council hereby declares that failure to comply with the subpoenas
issued pursuant to this Resolution shall subject the subpoenaed parties to the remedies set
forth in Government Code §§ 37104 et seq. or such other remedies as is provided by law.
Section 5. 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 the subpoenas issued pursuant to this Resolution.
Section 6. 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 7. Exhibits. All exhibits to this Resolution are incorporated herein by reference
and made a part hereto.
Section 8. 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.
Section 9. 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 31st day of July 2018.
ayor
Attest:
'4111141111112*----
C lerk
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Resolution No. 2018-50
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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. 2018-50 was duly and regularl •assed and adopted by the said
City Council at a regular meeting thereof held on July 3 .18.
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Resolution No. 2018-50
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