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Mr. Doug Wilson SAN JOAQUIN COUNTY PUBLIC HEALTH SERVICES Environmental Health Division March 20, 2001 Page 2 In light of the foregoing, it would appear that neither the Church nor Mr. Ruvalcaba has any responsibility or liability with respect to any underground storage tanks located on real property not owned by the Church. If you are aware of any legal authority to the contrary, please share that information with me at your earliest convenience. In the interim, we urge you to contact representatives of the City regarding this matter if you have not already done so. Very //truly yours, HIM A. SMITH KAS:kI Enclosure (Notice to Abate) cc: Father Daniel H. Martins (w/enclosure - via hand delivery) Mike Griffin (w/enclosure - via hand delivery) Howard Seligman (w/enclosure - via hand delivery) Steven Gutierrez, Supervisor (w/enclosure - via hand delivery) Roger Storey, Deputy City Manager (w/enclosure - via hand delivery) P.S. Mr. Wilson: The above letter was dictated before we spoke by telephone late yesterday and prior to my receipt of your correspondence dated March 19, 2091 directed to Cancun Restaurant, the City of Stockton, and St. John's Episcopal Church. I want to emphasize that I am not aware of any legal authority under which my client would have any liability for removal of the storage tank or tanks located on the adjoining real property not owned by my client. As we discussed, the Church acquired the corner parcel by gift deed in late 1995, and representatives of the Church had no prior knowledge of the stand pipes or storage tanks. It remains my client's position that the County should look to the City of Stockton for removal of any tanks which are located in the Hunter Street right-of-way owned by the City. G:\data\wpdata\CAS\SAINTIOHN.CHASE\WILSON01 LET.wpd(krl)