HomeMy WebLinkAboutAgenda Report - May 21, 1997 (58)CITY OF LODI COUNCIL COMMUNICATION
AGENDA TITLE: Recommendation from the Contamination Advisory Committee
Regarding the Issuance of Subpoenas
MEETING DATE: May 21, 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 met on May 7, 1997, and conversed over the telephone on May 14, 1997.
Based upon that meeting and telephone conversations, the committee recommends to the City Council that it
authorize the issuance of subpoenas to Ashland Chemical, Inc., Clenacorp, Drew Chemical Corporation, Echo Sales
Company, E. F. Kludt & Sons Petroleum Products, Gold Shield Distributors, Goss -Jewett Company, Goss -Jewett
Company of Northern California, Jim Thorpe Oil, Inc., MBL, Inc., MBP -Olympia Oil, Press Kleen Products, Safety
Kleen Corp., Starchem, Van Waters and Rogers, Inc., Mr. Frank D. Paul and Mr. David E. Mustin, the owners of M & P
Investments, current property owners where Busy Bee Laundry operated its dry cleaning facility, and to Mr. Jack A.
Alquist, President and registered agent for Guild Cleaners, Inc. Counsel for M&P Investments, Joe Salazar and
Counsel for Guild Cleaners, Lori Gualco have been advised of the subpoenas. 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 AtjOrney
APPROVED:
H. 4xon Flynn -- City Manager