HomeMy WebLinkAbout95-52 - Subpoenas for Gas & Electric UtilitiesRESOLUTION NO. 95- 52
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH AUTHORIZING THE
ISSUANCE OF A SUBPOENAS TO PROVIDE RECORDS
FROM GAS AND ELECTRIC UTILITIES
Whereas, the City derives substantial revenues from its taxes and franchise fees;
• Whereas, its is prudent and appropriate the City perform a periodic audit of those
persons or entities responsible for the collection and/ or payment of franchise fees to the City;
Whereas, in order to conduct a thorough and efficient audit, the City requires
reasonable access to certain information, records and data of those persons or entities responsible
for the collection and/ or payment of franchise fees to the City;
Whereas, with respect to the City's auditing of gas, electric, and telephone
franchise fees, the City has retained the services of Municipal Resource Consultants and Donald H.
Maynor (through MRC), hereinafter "Consultants";
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of
Newport Beach hereby;
1. Institutes an audit proceeding of the City's gas, electric and telephone franchise
fees, wherein the City Staff and Consultants shall periodically report to the City Council the
findings of such audit activities.
2. Authorizes the Mayor of the City Council to issue subpoenas pursuant to
Government Code 37104 et seq., requiring the subpoenaed party to provide certain information to
the City and/ or its authorized representatives for purposes of conducting an audit of the City's gas,
electric, and telephone franchise fees.
3. Designates Consultants as authorized representatives of the City for purposes of
conducting an audit of the City's gas, electric and telephone franchise fees, and for purposes of
requesting audit information and information described in Public Utilities Code 6354 0), and for
purposes of receiving such requested information.
4. Authorizes the Mayor, City Manager, and/ or Consultants, as required by the
responding party, to executed non - disclosure agreements on behalf of the City in appropriate cases
in which confidential or proprietary information is requested or subpoenaed, and such information
is not subject to disclosure under the Public Records Act.
INTRODUCED AND ADOPTED this twenty second day of May, 1995
ATTEST:
City Clerk
APPROVED:
'11l _--")
Mayor of N wport Beach