HomeMy WebLinkAbout2003-01-28 - AGENDA REPORTS - WHITTAKER BERMITE CLEANUP (2)CITY OF SANTA CLARITA
AGENDA REPORT
City Manager Approval
Item to be presented by: Jeffrey Lambert
NEW BUSINESS
DATE: January 28, 2003
SUBJECT: AUTHORIZATION TO ISSUE SUBPOENAS FOR EVIDENCE
OR TESTIMONY RELATED TO THE WHITTAKER-
BERMITE CLEANUP PROJECT
DEPARTMENT: Department of Planning and Building Services
RECOMMENDED ACTION
City Council adopt a Resolution authorizing the issuance of subpoenas for evidence
or testimony related to the Whittaker-Bermite Clean-up Project.
BACKGROUND
In March 2002, the City Council formed a Whittaker-Bermite City Council
Subcommittee to monitor the clean-up efforts for the Whittaker-Bermite property.
Over the past 10 months, the Subcommittee has worked closely with staff in
creating a multi -disciplinary strategy team and developing action items for the City
to pursue. The Subcommittee participates in working group sessions, serves as
members of the Multi -Jurisdictional Task Force, attends the meetings of the
Citizens Advisory Group (CAG), and has acted as a liaison with other local, state
and federal agency officials and legislators involved in the Whittaker-Bermite clean-
up project.
On October 1, 2002, the City Council approved a multi -pronged action plan to
address a variety of issues associated with property clean-up' including an item to
evaluate insurance resources that may be available for remediation of the
Whittaker-Bermite site. Legal counsel for the Whittaker Corporation has informed
the City's legal counsel that Whittaker will not release its historic insurance
documents for City review. One mechanism for obtaining access to these documents
is to issue a subpoena requiring attendance of witnesses or production of books or
other documents for evidence or testimony in any action or proceeding pending
before the City Council pursuant to California Government Code §37104. The
attached resolution authorizes the Council to issue these subpoenas, as necessary,
without further action from the City Council.
Agenda Item 8.17
0
ALTERNATIVE ACTIONS
Other actions as determined by the City Council
FISCAL IMPACTS
The City will incur legal fees to implement the recommendation in this report.
However, funds to cover the costs associated with the legislative subpoena have
already been allocated by the City Council as part of the Whittaker-Bermite clean-
up effort.
ATTACHMENT
Resolution
JJL:LMH
S:\PBS\ADVANCE\PTABELA\City Cou cihmar012803.doc