Loading...
HomeMy WebLinkAbout2006-09-26 - AGENDA REPORTS - CEMEX OPPOSITION (2)Agenda Item: CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR City Manager Approval: Item to be presented by: DATE: September 26, 2006 SUBJECT: CEMEX OPPOSITION EFFORT DEPARTMENT: City Manager's Office RECOMMENDED ACTION _Z:-, 9L Michael P. Murphy City Council appropriate $550,000 from Council Contingency (Account #2250-7401) and $250,000 from the CEMEX Reserve (Account #2250-7402) to the CEMEX operating expenditure account (3110-8110 Project# 06.00) to continue the extensive CEMEX mega -mine opposition effort to cover costs for legal services, a public outreach campaign, legislative advocacy, and environmental consultation through December 2006. BACKGROUND The City is joined by organizations representing business, the environment, media and public agencies in support of the City's efforts to limit mining in Soledad Canyon. In addition, over 10,000 residents within the Santa Clarita and Antelope Valleys have joined a Community Coalition, demonstrating their strong opposition to the CEMEX mega -mine proposal. In May, 2006, Congressman Howard "Buck" McKeon introduced HR 5471, "Soledad Canyon Mine Leases Adjustment Act." This bill, if enacted into law, will protect both the needs of our community, as well as the financial concerns of CEMEX, resulting in a favorable outcome for community residents and CEMEX. City representatives have also been in contact with Senator Dianne Feinstein and Senator Barbara Boxer regarding the proposed federal legislation. Funding under this request will be used to continue meetings with Members of Congress, congressional staff, and administration officials in an effort to reach a mutually agreeable legislative solution. The City currently has four legal cases pending: CEMEX v. County of Los Angeles (U.S. Supreme Court Petition for Writ of Certiorari); Santa Clarita v. U.S. Fish and Wildlife Service (Federal Ninth Circuit Court of Appeals: Endangered Species Act); Santa Clarita v. Bureau of Land Management and U.S. Department of Interior Board of Land Anneals (Federal Ninth Ar.-% 1--% APPHOWEI Circuit Court of Appeals: National Environmental Policy Act); and Santa Clarita v. Los Angeles County Board of Supervisors (Federal Trial Court: California Environmental Quality Act). Funding under this request will be used to continue preparing, filing and arguing the appropriate legal briefs, as each case advances through the federal court system. The City has recently launched a substantial public outreach campaign, designed to inform the public that the mega -mine opposition effort continues. This activity was undertaken, in part,.to dispel rumors in the community that the CEMEX mega -mining proposal is a "done deal" and the community has no ability to influence the outcome. Furthermore, in response to the community opposition effort, CEMEX has begun their own public relations campaign utilizing direct mail and newspaper advertisements. Funding under this request will be used to continue the aggressive public outreach campaign to secure additional support and provide information regarding the status of mega -mining proposal and the City's opposition efforts, as the matter continues through the legal, legislative and regulatory framework. If Cemex's 69 million ton mega -mine becomes a reality, here are just some of the devastating impacts that residents of the Santa Clarita Valley should expect to be facing: • The CEMEX mega -mine will add up to 1,164 big truck trips every day to the Los Angeles area freeway system. • The CEMEX mega -mine will increase mining levels for the Santa Clarita area by 1,600% or enough gravel and sand dug to fill up the Rose Bowl 127 times. • The CEMEX mega -mine is projected to cause state air quality standards for particulate emissions to be exceeded by more than two-times, and cause the state standard for nitrogen dioxide to be exceeded by more than 1.5 times. • CEMEX's mining water demands will frequently dewater the Santa Clara River at the project site, with potentially enormous impacts to fish, wildlife, and plants; including "take" (killing) of the Fully Protected Unarmored Threespine Stickleback fish. ALTERNATIVE ACTIONS Other action as determined by the City Council. FISCAL IMPACT The recommended action requests that the City Council approve transferring $550,000 from Council Contingency (2250-7401) and $250,000 from the CEMEX Reserve (2250-7402) to the CEMEX operating expenditure account (3110-8110 Project# 06.00). If the Council supports this recommended action, a balance of $330,000 will remain in Council Contingency Account and there will be a zero balance in the CEMEX Reserve.