HomeMy WebLinkAboutAgenda Report - May 16, 2001 E-20AGENDA TITLE: Recommendation from the Contamination Advisory Committee
Regarding the Issuance of Subpoenas
MEETING DATE: May 16, 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 and conversed over the telephone on May 11, 2001 and May 15,
2001. Based upon those discussions, the committee recommends to the City Council that it authorize the
issuance of subpoenas to 1) CNA Casualty of California, 2) Continental Casualty Company, 3) National Fire
Insurance Company of Hartford, 4) Hartford Steam Boiler Inspection and Insurance Company, 5) The Insurance
Company of the State of Pennsylvania, 6) New Hampshire Insurance Company, 7) AIU Insurance Company, 8)
Hartford Accident and Indemnity Company, 9) Hartford Fire Insurance Company, 10) Hartford Casualty
Insurance Company, 11) Property and Casualty Insurance Company of Hartford, 12) Twin City Fire Insurance
Company, 13) Farmers Insurance Company, Inc., 14) Hartford Underwriters Insurance Company, 15) Valley
Insurance Company, 16) Insco Insurance Services, Inc., 17) American National Fire Insurance Company, 18)
American Hardware Mutual Insurance Company, 19) State Farm General Insurance Company, 20) Indemnity
Company in California. 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.
Ran all A. Hays, City A06mey
APPROVED:
H. D' on Flynn — City Manager