HomeMy WebLinkAboutAgenda Report - April 18, 2001 E-15CITY OF LODI COUNCIL COMMUNICATION
AGENDA TITLE: Recommendation from the Contamination Advisory Committee
Regarding the Issuance of Subpoenas
MEETING DATE: April 18, 2001
PREPARED BY: Randall A. Hays, 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 the
Mayor and Mayor Pro Tempore. 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 met on April 9, 2001. Based upon that meeting, the committee
recommends to the City Council that it authorize the issuance of subpoenas to 1) Wright Insurance
Agency, 2) First State Insurance Company, 3) Granite State Insurance Company, 4) National Union Fire
Insurance Company of Pittsburg, PA, 5) Lumbermans Casualty Company, 6) Fireman's Fund Insurance
Company, 7) Yosemite Insurance Company, 8) Northern Insurance Company of New York, 9) Maryland
Casualty Company, 10) Kemper Casualty Insurance Company, 11) Fidelity and Deposit Company of
Maryland, 12) Zurich American Insurance Company, 13) St. Paul Fire and Marine Insurance Company, 14)
Oregon Mutual Insurance Company, 15) Century Indemnity Company, 16) Insurance Company of North
America, 17) Great American Insurance Company. 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.
Respectfully submitted,
FUNDING: Not applicable.
Randall A. Hays, City 40gorney
APPROVED:
H. D on Flynn -- City Ma ager