HomeMy WebLinkAboutAgenda Report - July 18, 2001 E-23CITY OF 1 COMMUNICATION
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AGENDA TITLE: Recommendation from the Contamination Advisory Committee
Regarding the Issuance of Subpoenas
MEETING DATE: July 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 June 27, 2001. Based upon our discussions, the
committee recommends to the City Council that it authorize the issuance of subpoenas to 1) United
States Fire Insurance Company, 2) Fremont Indemnity Company, 3) Fremont Industrial Indemnity
Company, 4) Federated Mutual Insurance Company, 5) Universal Underwriters Life Insurance Company,
6) Universal Underwriters 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.
Ran all A. Hays, City Attor y
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APPROVED:
H. D, on Flynn -- City Lfanager