HomeMy WebLinkAboutMINUTES - 05171988 - S.2 S. 2
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on May 17, 1988 by the following vote:
AYES: Supervisors Powers, Fanden, McPeak, Torlakson, Schroder
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Shell Oil Spill
Supervisor McPeak recommended that the Board direct County
Counsel to analyze the feasibility of Contra Costa County filing a
lawsuit against Shell Oil Company for damages related to the oil
spill and seeking implementation of the five-point mitigation plan
endorsed by the Board of Supervisors on May 3 , 1988. She advised
that this action would be a formal petition to compel Shell Oil
Company' s cooperation in fully mitigating the impacts of the oil
spill and preventing similar incidents in the future. She ex-
pressed the belief that this would be the vehicle to give the Board
of Supervisors legal standing in negotiations.
Supervisor McPeak moved that the Board request a report from
Shell Oil Company as to their position on the County' s five-point
plan, invite discussion with the Attorney General on the status of
his work in coordinating any action on behalf of State agencies and
discuss with this Board directly what might be the County's
participation in litigation against Shell, and further to request
County Counsel to report on the County' s ability to participate in
a civil suit. The motion was seconded by Supervisor Torlakson.
Supervisor Schroder advised that he would be reluctant to
support the motion for the reason that Shell has admitted respon-
sibility for the spill and is making every effort to repair the
damage. He advised that he believes the County should discuss its
demands with representatives of Shell which should not take place
under the threat of a law suit.
Supervisor McPeak spoke of Shell' s cooperative effort and of
the need to continue discussions with that Company. She expressed
support for the need to explore legal action to insure that the
Board' s five-point plan is implemented and to make sure that the
County has explored every option for legal participation in
proceedings that may occur.
Supervisor Fanden advised that she would not support pursuit
of legal action at this time since Shell is making a good effort to
clean up the spill, repair all damages to the Martinez Regional
Shoreline Park including replacement of the riprap.
Supervisor Powers advised that he would not be in favor of
participating in a lawsuit and that he did not believe legal action
is warranted at this time.
Supervisor McPeak with the concurrence of Supervisor Torlakson
modified her motion to reflect that a letter be sent to Shell
requesting a response to the Board' s five-point mitigation plan and
inviting comments back from Shell, that the District Attorney
provide a report on his proceedings and invite the Attorney General
to provide a report on actions being contemplated by State
agencies.
Supervisor Powers advised that he was not ready to support the
motion as modified.
Supervisor Fanden advised that she would be more interested in
just getting a response from Shell relative to the Board' s five-
point mitigation plan. She therefore offered a substitute motion
to require Shell to repond to the five-point mitigation plan with a
timetable for its implementation. Supervisor Powers seconded the
motion.
At the suggestion of Supervisor Torlakson, the motion was
amended to request a response from Shell by June 14, 1988.
There being no further discussion, IT IS BY THE BOARD ORDERED
that the substitue motion is APPROVED.
On recommendation of Supervisor Fanden, IT IS BY THE BOARD
ORDERED that the Director, Office of Emergency Services, is
requested to report also on June 14, 1988, .on the composition of
the Task Force.
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