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Council reports closed‑session actions and votes to waive privilege for Jan. 26 ethics memo
Summary
The city attorney reported two closed‑session outcomes — authorization of a receivership petition and acceptance of the city manager's resignation — and the council voted 6‑1 to waive privilege for a Jan. 26 ethics memo, citing public interest while noting legal protections for personnel records.
At the outset of the Feb. 11 meeting the city attorney reported two formal closed‑session outcomes: on a 7‑0 vote the council authorized filing a receivership petition related to property owner Marilyn Pateo (905 Emily Street), and on a 7‑0 vote the council accepted the resignation of city manager Jim Vanderpool effective 5 p.m. the same day.
Later in the meeting, Mayor moved to waive attorney‑client privilege for a Jan. 26 memo prepared by the city attorney's office that addressed ethics questions getting public attention. City Attorney Arden (on the record) advised the council that the memo was written to provide legal guidance on publicly reported matters and was not a fact‑finding investigation; staff said the memo did not appear to constitute a type of personnel record that is categorically exempt from disclosure. Council members debated the legal and precedent implications of waiving privilege, potential Brown Act concerns, and alternatives such as issuing a redacted public memo.
The council voted 6‑1 to waive privilege for that specific memo, with Council Member Kurtz the lone dissent. Members said they wanted to make the city ethics office's guidance available to the public and to cooperating investigative authorities; staff said the city would also continue cooperating with external investigations including by the district attorney and state agencies.
Why it matters: The vote to waive privilege is a narrow, document‑specific decision that the council said was meant to increase transparency regarding ethics guidance the city issued. The city is simultaneously cooperating with multiple external investigations and has initiated personnel transitions.
Representative quote: "I would like to make a motion to waive the attorney‑client privilege as to the 01/26/2026 memo... so that we can share it with the public," the mayor said during the discussion.
What happens next: Staff said they will provide the memo to the district attorney and the Fair Political Practices Commission as appropriate and will review disclosure to ensure confidential personnel matters are protected.
