CC SR 20181218 N - Four Legislative Subpoenas01203.0001/524875.1
RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 12/18/2018
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action to adopt a Resolution authorizing and then issuing
three (3) legislative subpoenas in connection with the prior direction given by the City
Council of the City of Rancho Palos Verdes to undertake an investigation into possible
violation(s) of the “closed session privilege” embodied in the Ralph M. Brown Act,
Government Code § 54963, and under the oversight of the City Council ad hoc
subcommittee; and authorizing and then issuing one (1) legislative subpoena in
connection with the prior direction given by the City Council of the City of Rancho Palos
Verdes to compel compliance with the California Public Records Act, and under the
oversight of the City Council ad hoc subcommittee.
RECOMMENDED COUNCIL ACTION:
(1) Adopt Resolution No. 2018-___, A RESOLUTION OF THE COUNCIL OF THE
CITY OF RANCHO PALOS VERDES, CALIFORNIA, AUTHORIZING THE
ISSUANCE OF FOUR (4) LEGISLATIVE SUBPOENAS FOR THE
PRODUCTION OF PUBLIC RECORDS AND/OR FOR THE PERSONAL
APPEARANCE AND EXAMINATION OF INDIVIDUALS IN CONNECTION WITH
THE CITY COUNCIL INVESTIGATION INTO POSSIBLE VIOLATIONS OF THE
RALPH M. BROWN ACT & TO ASSURE COMPLIANCE WITH THE
CALIFORNIA PUBLIC RECORDS ACT; and,
(2) Direct the City Clerk to attest to the legislative subpoenas authorized by
resolution and authorize the Mayor to sign the same on behalf of the City.
FISCAL IMPACT: Unknown
ORIGINATED BY: William Wynder, City Attorney
REVIEWED BY: Gabriella Yap, Deputy City Manager
APPROVED BY: Doug Willmore, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Resolution No. 2018-__ (page A-1)
B. Legislative Subpoena for Debbie Landes (page B-1)
C. Legislative Subpoena for Maura Mizuguchi (page C-1)
D. Legislative Subpoena for Andrea Joannou (page D-1)
E. Legislative Subpoena for Brian Campbell (page E-1)
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01203.0001/524875.1
BACKGROUND:
On May 1, 2018, the City Council adopted Resolution No. 2018-25 formally initiating a
legislative investigation into possible violations of the “closed session” privilege of the
Ralph M. Brown Act, Government Code §§ 54950, et seq. In that action the City
Council directed taking the following actions:
(1) Formally initiate a City proceeding to investigate possible violation(s) of
the “closed session privilege” codified in the Ralph M. Brown Act,
Government Code § 54963, and common law principles of similar effect;
(2) Direct Staff and the Office of the City attorney to conduct such
investigation;
(3) Task the recently created ad hoc subcommittee to oversee such
investigation and to report the results of the same to the full City Council
as and when appropriate; and,
(4) Authorize the issuance of legislative subpoenas, if and as needed, to aid
in such investigation.
Should the City Council wish to obtain further interviews, under oath, in aid of its
legislative proceeding, it will now be necessary to authorize the issuance of legislative
subpoenas directed to Ms. Debbie Landes, Ms. Maura Mizuguchi, and Ms. Andrea
Joannou (Attachments B-D, respectively), to compel their attendance and the
production of requested documents as a part of the on-going legislative proceeding into
possible violations of the Ralph M. Brown Act.
On October 4, 2018, the City Clerk received a public records act request from Ms. Tracy
Burns seeking production of public records from Mr. Brian Campbell of “all emails
relating to city business Brian Campbell received or sent using any and all private email
accounts from January 1, 2015 to December 31, 2015.” (Emphasis in original.) This
PRAR was forwarded to Mr. Campbell on October 15, 2018 with a request that Mr.
Campbell “kindly respond to [the City Clerk] no later than Monday, October 22, 2018
with a response whether you do or do not have any responsive documents.”
(Emphasis in original.)
To date, the City Clerk has had no response from either Mr. Campbell or his legal
counsel to the Burns PRAR. On October 29, 2018, the City Clerk sent a letter to Ms.
Burns advising that:
“[t]he City has reached out to Mr. Campbell twice with your request for
records and to date he has not responded. You may want to consult with
legal counsel as to the remedies (if any) you may have with respect to Mr.
Campbell’s non-compliance. You may be aware that Mr. Campbell has
engaged in a pattern and practice of failing or refusing to comply with his
obligation to comply with the Public Records Act. Our office will also
consult with the City Attorney’s office to consider possible action(s) to
compel Mr. Campbell to comply with his obligations under that law. If and
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01203.0001/524875.1
when a determination on ‘next steps’ is reached we will notify you of any
actions.”
At its December 4, 2018, meeting, the City Council directed the preparation of an
additional legislative subpoena, in aid of its legislative proceeding, it will now be
necessary to authorize the issuance of a second legislative subpoena directed to Mr.
Brian Campbell (Attachment E).
DISCUSSION:
A city council has the power to issue subpoenas requiring attendance of witnesses or
production of documents in proceedings pending before it. (Gov. Code §§ 37104-
37109.) Section 37104 authorizes a “legislative body” of a city to issue subpoenas to
compel witnesses to appear or produce documents “in any action or proceeding” before
that body.
Section 37105 of the Government Code and Section 1987 of the Code of Civil
Procedure provide the basic procedures required for the issuance and service of a
subpoena. In the first instance, a subpoena must be signed by the mayor and issued by
the city clerk. While not specified in the statutory framework, it appears that the proper
form to be used for the subpoena is the same as required is the same as set forth in
Code of Civil Procedure Section 1985.
The service of the subpoena is governed by Section 1987 of the Code of Civil
Procedure. (Gov. Code § 37105.) In short, the service of a subpoena is made by
delivering a copy of the subpoena to the witness personally and offering to pay any fees
which the witness is entitled to for travel to and from the place designated for
appearance or, if only production of records is requested, the estimated cost of
producing those records. (Code Civ. Proc. § 1987.) The service of the subpoena must
be made so as to allow the witness a “reasonable time” for preparation and travel.
Any violation of the subpoena is then reported to the superior court within its jurisdiction.
The superior court determines both the validity of the subpoena and whether it has been
violated. Government Code §§ 37105 through 37109 define the City’s remedy for a
failure to comply with a subpoena.
Upon the failure of a person to obey a subpoena, the mayor of a city notifies the
superior court. (Government Code § 37105.) The superior court then issues an
attachment directed to the sheriff of the county where the witness was required to
appear or produce documents commanding the appearance of the person to the court.
(Government Code § 37107.) On the return of the attachment and production of the
witness, the judge has jurisdiction to issue a contempt order. (Government Code §§
37108, 37109.)
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01203.0001/524875.1
ALTERNATIVES:
In addition to the Staff recommendations, the following alternative action is available for
the City Council’s consideration:
1. Discuss and take such other action related to this item as the City Council
deems appropriate consistent with the requirements of law.
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01203.0001/524873.1
RESOLUTION NO. 2018-__
A RESOLUTION OF THE COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, CALIFORNIA, AUTHORIZING THE ISSUANCE OF FOUR (4)
LEGISLATIVE SUBPOENAS FOR THE PRODUCTION OF PUBLIC
RECORDS AND/OR FOR THE PERSONAL APPEARANCE AND
EXAMINATION OF INDIVIDUALS IN CONNECTION WITH THE CITY
COUNCIL INVESTIGATION INTO POSSIBLE VIOLATIONS OF THE
RALPH M. BROWN ACT & TO ASSURE COMPLIANCE WITH THE
CALIFORNIA PUBLIC RECORDS 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, the City Council has, pursuant to law, established (1) a legislative
proceeding to compel compliance with the California Public Records Act and (2) a second
legislative proceeding to consider possible violation(s) of the privilege of the City Council
closed session as previously reflected by prior City Council resolutions on record with the
City Clerk; and,
WHEREAS, in aid of these City Council legislative proceedings it will now be
necessary to issue four (4) additional legislative subpoenas in order to compel the personal
attendance of the individuals in question or to compel compliance with the California Public
Records Act.
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.
The City Council hereby authorizes and directs the issuance of three (3) legislative
subpoenas (exemplars of which are attached hereto) directed to Ms. Debbie Landis, Ms.
Maura Mizuguchi, and Ms. Andrea Joannou, respectively, commanding their personal
appearance and the production of documents in aid of the legislative proceeding before the
City Council.
The City Council hereby authorizes and directs the issuance of one (1) legislative
subpoena (exemplar of which is attached hereto) directed to Mr. Brian Campbell
commanding his production of certain public records in his possession or under his control.
Section 2. 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.
A-1
01203.0001/524873.1
Section 3. 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 4. 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 5. 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 6. Exhibits. All exhibits to this Resolution are incorporated herein by
reference and made a part hereto.
Section 7. 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 8. 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.
A-2
01203.0001/524873.1
PASSED, APPROVED and ADOPTED this 18th day of December 2018.
____________________
Jerry Duhovic,
Mayor
Attest:
___________________
Emily Colborn,
City Clerk
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-__ was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on December 18, 2018.
____________________________
Emily Colborn,
City Clerk
A-3
01203.0001/524873.1
EXHIBIT “A”
LEGISLATIVE SUBPOENAS
A-4
LEGISLATIVE SUBPOENA
(Government Code §§ 37104 et seq)
Date: January __, 2019
Time: 1:00 p .m., PST
Address: City of Rancho
Palos Verdes City Hall, 30940 Hawthorne
Blvd., Rancho Palos Verdes, California
90275
TO: Debbie Landes
FROM: CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,
CALIFORNIA
1. On December 18, 2018, the City Council of Rancho Palos Verdes adopted Resolution
No. 2018-__ authorizing and directing the issuance of this subpoena. A true and copy of such
Resolution No. 2018-__ 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 to testify in response to this subpoena. Your
testimony will be recorded stenographically.
3. YOU ARE FURTHER ORDERED & COMMANDED by the City Council of the City
of Rancho Palos Verdes and deliver true, complete, legible, and durable copies of the document
and things described in Exhibit “1” hereto.
4. The personal attendance of the custodian or other qualified witness and the production of
the original records are required by this subpoena. The procedure authorized by Evidence Code
§§ 1560(b), 1561, and 1562 will not be deemed sufficient compliance with this subpoena.
5. All documents and other things 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.
6. 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.
7. 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:
IN RE:
DEBBIE LANDES
SUBPOENA FOR
PERSONAL APPEARANCE &
PRODUCTION OF DOCUMENTS & THINGS
B-1
William W. Wynder (SBN 84753)
Attorney for the City of Rancho Palos Verdes
Aleshire & Wynder, LLP
2361 Rosecrans Boulevard, Suite 475
El Segundo, CA 90245
Date Issued: December ____, 2018
City of Rancho Palos Verdes¶
BY:
ATTEST:
BY: ________________________
Jerry Duhovic Emily Colborn
Mayor, City of Rancho Palos Verdes City Clerk
APPROVE AS TO FORM
BY:___________________
William W. Wynder
City Attorney
B-2
EXHIBIT “1”
DEFINITIONS
"DOCUMENT" or "DOCUMENTS" means all writings, originals and duplicates
as defined in California Evidence Code §§ 250, 255, and 260;
"COMMUNICATIONS" as used herein means the transfer of information from
one person or entity to another person or entity by any means, including, but not limited to,
letter, electronic mail, text message, or facsimile transmission.
“RELATE TO” shall mean and refer to constituting, containing, embodying,
reflecting, identifying, stating, referencing to, evidencing in any way or being relevant to the
subject referenced therein.
REQUESTED DOCUMENTS
1. Produce all DOCUMENTS or COMMUNICATIONS between yourself and Mr.
Brian Campbell, or any person or entity purporting to represent Mr. Brian Campbell, which
refer or RELATE TO Short Term Rentals or Party Houses in the City of Rancho Palos Verdes.
2. Produce all DOCUMENTS or COMMUNICATIONS between yourself and Mr.
Brian Campbell, or any person or entity purporting to represent Mr. Brian Campbell, which
refer or RELATE TO Mr. Eric Mark.
3. Produce all DOCUMENTS or COMMUNICATIONS between yourself and Mr.
Brian Campbell, or any person or entity purporting to represent Mr. Brian Campbell, which
refer or RELATE TO Green Hills Memorial Park.
4. Produce all DOCUMENTS or COMMUNICATIONS between yourself and Mr.
Brian Campbell, or any person or entity purporting to represent Mr. Brian Campbell, which
refer or relate to Vista Verde Condominiums, located at 2110 Palos Verdes Drive, Lomita, CA.
5. Produce all DOCUMENTS or COMMUNICATIONS between yourself and Mr.
Brian Campbell, or any person or entity purporting to represent Mr. Brian Campbell, which
refer or RELATE TO Mr. Michael Huang.
6. Produce all DOCUMENTS or COMMUNICATIONS between yourself and Mr.
Brian Campbell, or any person or entity purporting to represent Mr. Brian Campbell, which
refer or RELATE TO Mr. Dave Tomblin.
7. Produce all DOCUMENTS or COMMUNICATIONS between yourself and Mr.
Brian Campbell, or any person or entity purporting to represent Mr. Brian Campbell, which
refer or RELATE TO the statement that “[t]he the City of Rancho Palos Verdes has demanded
that Green hills pay the City $700,000 (approx.) the City incurred in attorney’s fee, costs, and
B-3
settlement costs . . . .”
8. Produce all DOCUMENTS or COMMUNICATIONS between yourself and Mr.
Brian Campbell, or any person or entity purporting to represent Mr. Brian Campbell, which
refer or RELATE TO the statement that “Green Hills is in violation of its obligation to
Imdemnity[sic] the City of Rancho Palos Verdes in the sum of $700,000 . . . .”
9. Produce all DOCUMENTS or COMMUNICATIONS between yourself and Mr.
Brian Campbell, or any person or entity purporting to represent Mr. Brian Campbell, which
refer or RELATE TO the statement that “[t]he City lf Rancho Palos Verdes has demanded that
Green Hills pay the City $700,000 (aprox.) the City incurred in attorney’s fees, costs, and
settlement costs in defense . . . .”
B-4
EXHIBIT “2”
B-5
LEGISLATIVE SUBPOENA
(Government Code §§ 37104 et seq)
Date: January __, 2019
Time: 1:00 p .m., PST
Address: City of Rancho
Palos Verdes City Hall, 30940 Hawthorne
Blvd., Rancho Palos Verdes, California
90275
TO: Maura Mizuguchi
FROM: CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,
CALIFORNIA
1. On December 18, 2018, the City Council of Rancho Palos Verdes adopted Resolution
No. 2018-__ authorizing and directing the issuance of this subpoena. A true and copy of such
Resolution No. 2018-__ 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 to testify in response to this subpoena. Your
testimony will be recorded stenographically.
3. YOU ARE FURTHER ORDERED & COMMANDED by the City Council of the City
of Rancho Palos Verdes and deliver true, complete, legible, and durable copies of the document
and things described in Exhibit “1” hereto.
4. The personal attendance of the custodian or other qualified witness and the production of
the original records are required by this subpoena. The procedure authorized by Evidence Code
§§ 1560(b), 1561, and 1562 will not be deemed sufficient compliance with this subpoena.
5. All documents and other things 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.
6. 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.
7. 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:
IN RE:
MAURA MIZUGUCHI
SUBPOENA FOR
PERSONAL APPEARANCE &
PRODUCTION OF DOCUMENTS & THINGS
C-1
William W. Wynder (SBN 84753)
Attorney for the City of Rancho Palos Verdes
Aleshire & Wynder, LLP
2361 Rosecrans Boulevard, Suite 475
El Segundo, CA 90245
Date Issued: December ____, 2018
City of Rancho Palos Verdes¶
BY:
ATTEST:
BY: ________________________
Jerry Duhovic Emily Colborn
Mayor, City of Rancho Palos Verdes City Clerk
APPROVE AS TO FORM
BY:___________________
William W. Wynder
City Attorney
C-2
EXHIBIT “1”
DEFINITIONS
"DOCUMENT" or "DOCUMENTS" means all writings, originals and duplicates
as defined in California Evidence Code §§ 250, 255, and 260;
"COMMUNICATIONS" as used herein means the transfer of information from
one person or entity to another person or entity by any means, including, but not limited to,
letter, electronic mail, text message, or facsimile transmission.
“RELATE TO” shall mean and refer to constituting, containing, embodying,
reflecting, identifying, stating, referencing to, evidencing in any way or being relevant to the
subject referenced therein.
REQUESTED DOCUMENTS
1. Produce all DOCUMENTS or COMMUNICATIONS between yourself and Mr.
Brian Campbell, or any person or entity purporting to represent Mr. Brian Campbell, which
refer or RELATE TO Short Term Rentals or Party Houses in the City of Rancho Palos Verdes.
2. Produce all DOCUMENTS or COMMUNICATIONS between yourself and Mr.
Brian Campbell, or any person or entity purporting to represent Mr. Brian Campbell, which
refer or RELATE TO Mr. Eric Mark.
3. Produce all DOCUMENTS or COMMUNICATIONS between yourself and Mr.
Brian Campbell, or any person or entity purporting to represent Mr. Brian Campbell, which
refer or RELATE TO Green Hills Memorial Park.
4. Produce all DOCUMENTS or COMMUNICATIONS between yourself and Mr.
Brian Campbell, or any person or entity purporting to represent Mr. Brian Campbell, which
refer or relate to Vista Verde Condominiums, located at 2110 Palos Verdes Drive, Lomita, CA.
5. Produce all DOCUMENTS or COMMUNICATIONS between yourself and Mr.
Brian Campbell, or any person or entity purporting to represent Mr. Brian Campbell, which
refer or RELATE TO Mr. Michael Huang.
6. Produce all DOCUMENTS or COMMUNICATIONS between yourself and Mr.
Brian Campbell, or any person or entity purporting to represent Mr. Brian Campbell, which
refer or RELATE TO Mr. Dave Tomblin.
7. Produce all DOCUMENTS or COMMUNICATIONS between yourself and Mr.
Brian Campbell, or any person or entity purporting to represent Mr. Brian Campbell, which
refer or RELATE TO the statement that “[t]he the City of Rancho Palos Verdes has demanded
that Green hills pay the City $700,000 (approx.) the City incurred in attorney’s fee, costs, and
C-3
settlement costs . . . .”
8. Produce all DOCUMENTS or COMMUNICATIONS between yourself and Mr.
Brian Campbell, or any person or entity purporting to represent Mr. Brian Campbell, which
refer or RELATE TO the statement that “Green Hills is in violation of its obligation to
Imdemnity[sic] the City of Rancho Palos Verdes in the sum of $700,000 . . . .”
9. Produce all DOCUMENTS or COMMUNICATIONS between yourself and Mr.
Brian Campbell, or any person or entity purporting to represent Mr. Brian Campbell, which
refer or RELATE TO the statement that “[t]he City lf Rancho Palos Verdes has demanded that
Green Hills pay the City $700,000 (aprox.) the City incurred in attorney’s fees, costs, and
settlement costs in defense . . . .”
C-4
EXHIBIT “2”
C-5
LEGISLATIVE SUBPOENA
(Government Code §§ 37104 et seq)
Date: January __, 2019
Time: 1:00 p .m., PST
Address: City of Rancho
Palos Verdes City Hall, 30940 Hawthorne
Blvd., Rancho Palos Verdes, California
90275
TO: Andrea Joannou
FROM: CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,
CALIFORNIA
1. On December 18, 2018, the City Council of Rancho Palos Verdes adopted Resolution
No. 2018-__ authorizing and directing the issuance of this subpoena. A true and copy of such
Resolution No. 2018-__ 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 to testify in response to this subpoena. Your
testimony will be recorded stenographically.
3. YOU ARE FURTHER ORDERED & COMMANDED by the City Council of the City
of Rancho Palos Verdes and deliver true, complete, legible, and durable copies of the document
and things described in Exhibit “1” hereto.
4. The personal attendance of the custodian or other qualified witness and the production of
the original records are required by this subpoena. The procedure authorized by Evidence Code
§§ 1560(b), 1561, and 1562 will not be deemed sufficient compliance with this subpoena.
5. All documents and other things 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.
6. 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.
7. 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:
IN RE:
ANDREA JOANNOU
SUBPOENA FOR
PERSONAL APPEARANCE &
PRODUCTION OF DOCUMENTS & THINGS
D-1
William W. Wynder (SBN 84753)
Attorney for the City of Rancho Palos Verdes
Aleshire & Wynder, LLP
2361 Rosecrans Boulevard, Suite 475
El Segundo, CA 90245
Date Issued: December ____, 2018
City of Rancho Palos Verdes¶
BY:
ATTEST:
BY: ________________________
Jerry Duhovic Emily Colborn
Mayor, City of Rancho Palos Verdes City Clerk
APPROVE AS TO FORM
BY:___________________
William W. Wynder
City Attorney
D-2
EXHIBIT “1”
DEFINITIONS
"DOCUMENT" or "DOCUMENTS" means all writings, originals and duplicates
as defined in California Evidence Code §§ 250, 255, and 260;
"COMMUNICATIONS" as used herein means the transfer of information from
one person or entity to another person or entity by any means, including, but not limited to,
letter, electronic mail, text message, or facsimile transmission.
“RELATE TO” shall mean and refer to constituting, containing, embodying,
reflecting, identifying, stating, referencing to, evidencing in any way or being relevant to the
subject referenced therein.
REQUESTED DOCUMENTS
1. Produce all DOCUMENTS or COMMUNICATIONS between yourself and Mr.
Brian Campbell, or any person or entity purporting to represent Mr. Brian Campbell, which
refer or RELATE TO Short Term Rentals or Party Houses in the City of Rancho Palos Verdes.
2. Produce all DOCUMENTS or COMMUNICATIONS between yourself and Mr.
Brian Campbell, or any person or entity purporting to represent Mr. Brian Campbell, which
refer or RELATE TO Mr. Eric Mark.
3. Produce all DOCUMENTS or COMMUNICATIONS between yourself and Mr.
Brian Campbell, or any person or entity purporting to represent Mr. Brian Campbell, which
refer or RELATE TO Green Hills Memorial Park.
4. Produce all DOCUMENTS or COMMUNICATIONS between yourself and Mr.
Brian Campbell, or any person or entity purporting to represent Mr. Brian Campbell, which
refer or relate to Vista Verde Condominiums, located at 2110 Palos Verdes Drive, Lomita, CA.
5. Produce all DOCUMENTS or COMMUNICATIONS between yourself and Mr.
Brian Campbell, or any person or entity purporting to represent Mr. Brian Campbell, which
refer or RELATE TO Mr. Michael Huang.
6. Produce all DOCUMENTS or COMMUNICATIONS between yourself and Mr.
Brian Campbell, or any person or entity purporting to represent Mr. Brian Campbell, which
refer or RELATE TO Mr. Dave Tomblin.
7. Produce all DOCUMENTS or COMMUNICATIONS between yourself and Mr.
Brian Campbell, or any person or entity purporting to represent Mr. Brian Campbell, which
refer or RELATE TO the statement that “[t]he the City of Rancho Palos Verdes has demanded
that Green hills pay the City $700,000 (approx.) the City incurred in attorney’s fee, costs, and
D-3
settlement costs . . . .”
8. Produce all DOCUMENTS or COMMUNICATIONS between yourself and Mr.
Brian Campbell, or any person or entity purporting to represent Mr. Brian Campbell, which
refer or RELATE TO the statement that “Green Hills is in violation of its obligation to
Imdemnity[sic] the City of Rancho Palos Verdes in the sum of $700,000 . . . .”
9. Produce all DOCUMENTS or COMMUNICATIONS between yourself and Mr.
Brian Campbell, or any person or entity purporting to represent Mr. Brian Campbell, which
refer or RELATE TO the statement that “[t]he City lf Rancho Palos Verdes has demanded that
Green Hills pay the City $700,000 (aprox.) the City incurred in attorney’s fees, costs, and
settlement costs in defense . . . .”
D-4
EXHIBIT “2”
D-5
LEGISLATIVE SUBPOENA
(Government Code §§ 37104 et seq)
Production Date: January __, 2019
Time: 10:00 a .m., PST
Place: City of Rancho
Palos Verdes City Hall, 30940 Hawthorne
Blvd., Rancho Palos Verdes, California
90275
TO: Mr. Brian Campbell
FROM: CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,
CALIFORNIA
1. On December 18, 2018, the City Council of Rancho Palos Verdes adopted Resolution
No. 2018-__ authorizing and directing the issuance of this subpoena. A true and copy of such
Resolution No. 2018-__ 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 January __, 2019, at 10:00 a.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 January __, 2019 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.
/ / /
IN RE:
BRIAN CAMPBELL
SUBPOENA FOR
PRODUCTION OF PUBLIC RECORDS
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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 Boulevard, Suite 475
El Segundo, CA 90245
Date Issued: December 19, 2018
City of Rancho Palos Verdes¶
BY: ______________________
ATTEST:
BY: ________________________
Jerry Duhovic Emily Colborn
Mayor, City of Rancho Palos Verdes City Clerk
APPROVE AS TO FORM
BY:___________________
William W. Wynder
City Attorney
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EXHIBIT “1”
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):
• Tracy Burns (October 10, 2018), attached as Attachment 1
“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 smart 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(e) of the Government
Code.
“MR. CAMPBELL” means Mr. Brian Campbell, former councilmember and mayor of
the City of Rancho Palos Verdes.
REQUESTED DOCUMENTS
A. All emails on Mr. Campbell’s personal electronic devices, responsive to Ms. Tracy
Burns’s October 4, 2018, CPRA request. (See Attachment 1 for the original
request.)
1. “any and all emails relating to city business Brian Campbell received or
sent using any and all private email accounts from January 1, 2015 to December
31, 2015.”
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ATTACHMENT 1 TO LEGISLATIVE SUBPOENA
CPRA REQUEST FROM MS. TRACY BURNS, DATED OCTOBER 4, 2018
From: Tracy Burns <akamomma@gmail.com>
Sent: Thursday, October 04, 2018 11:00 AM
To: Emily Colborn <ecolborn@rpvca.gov>; Teresa Takaoka <TeriT@rpvca.gov>
Cc: CC <CC@rpvca.gov>; Ara Mihranian <AraM@rpvca.gov>
Subject: RPV - PRA Request, Brian Campbell
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 from January 1, 2015 to December 31, 2015. After
perusing the previous PRA documentation provided by Mr. Campbell, there seems to be some
discrepancies that need clarification.
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.
Sincerely,
Tracy Burns
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