CC RES 2018-087 RESOLUTION NO. 2018-87
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 Landes, 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.
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.
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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.
PASSED, APPROVED and ADOPTED this 18th day of Decembe 2018.
I r ayor
Attest:
\IR --rk
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. 2018-87 was duly and regularly passed and adopted by the said City Council
at a regular meeting thereof held on December 18, 2018.
MOIL
ma Ci y Clerk
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