pages: CityCouncil/2017-12-05.pdf, 21
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CityCouncil | 2017-12-05 | 21 | The City Attorney stated the Council cannot request the information as a body. Mayor Spencer stated that she would like copies of the information. Vice Mayor Vella inquired whether information can be requested relative to the City's liability exposure. The Assistant City Attorney responded said information can be provided in closed session; for the PUB to be invited into closed session, there would need to be a real threat of litigation. The City Attorney stated Council would have authority if there is a claim or litigation, Vice Mayor Vella inquired who does the risk assessment. The City Attorney responded there is a determination of risk for any decision that is made. Vice Mayor Vella inquired who assesses the legal claims being made and at what point does the issue go before Council; inquired what the lead up is to the litigation being filed. The Assistant City Attorney responded if the lawsuit is filed, the City Attorney's Office would have the PUB meet with Council in closed session; noted the City Manager can relay information to PUB. The City Attorney stated no municipal body has the ability to determine the health risk; there are agency's that assess the health risks; the health assessments done have not shown that there is a problem to justify a claim. The Assistant City Attorney stated the body charged with whether there are health risks is the Federal Communications Commission (FCC) who sets omissions standards; the Smart Meters are well below the standards set by the FCC. Vice Mayor Vella inquired whether if that is the reason the City Attorney's Office believes there is no legal liability, to which the Assistant City Attorney responded in the affirmative. Vice Mayor Vella inquired whether Council would be included in analysis if the standards change. The Assistant City Attorney responded if a lawsuit is filed, staff would meet with Council to receive direction; stated the issue is constantly being studied and there is no scientific backed proof that there is risk. Regular Meeting Alameda City Council 21 December 5, 2017 | CityCouncil/2017-12-05.pdf |