HomeMy WebLinkAboutAgenda Report - August 20, 1997 (78)AGENDA TITLE: Recommendation from the Contamination Advisory
Committee Regarding the Issuance of Subpoenas
MEETING DATE: August 20, 1997
PREPARED BY: City Attorney
RECOMMENDATION: That the City Council authorize the issuance of subpoenas
based upon the recommendation of the Contamination
Advisory Committee.
BACKGROUND: By Resolution No. 97-09, adopted by the City Council on January
15, 1997, the Council established a legislative proceeding to
investigate the adequacy of existing legislative environmental
schemes, and to take such action including legislation at the municipal level and recommendations to the
appropriate state or federal legislative bodies, as the City Council deems appropriate. Additionally, there
was established an advisory committee of the City Council consisting of two Council members to
investigate the toxic environmental contamination found principally in the central business district and
peripheral commercial and residential areas of the community. The advisory committee consists of Mayor
Pennino and Mayor Pro Tempore Sieglock. One of the functions of the committee is to investigate
potential methods to finance the abatement of the contamination. Under provisions found in §37104 of the
California Government Code, subpoenas may be issued in order to acquire information in order to make
the investigation of the problem meaningful.
The Contamination Advisory Committee conversed over the telephone on August 13, 1997 and August 14,
1997. Based upon those telephone conversations, the committee recommends to the City Council that it
authorize the issuance of subpoenas to CT Corporation, Registered Agent for Lucky Stores, Inc., and CT
Corporation, Registered Agent for American Stores Properties, Inc. The information that can be gathered
under the subpoena process will be useful in determining the extent of the coverages provided by those
companies. Determining the level of coverage is important so that we may be able to develop an
understanding of the extent of funds available to be utilized in the proposed cleanup activities.
FUNDING: Not applicable.
Respectfully submitted,
Randall A. Hays, City Aftorney
APPROVED:
HADon Flynn -- City Manager