HomeMy WebLinkAboutMINUTES - 04101990 - S.6 13QARD OF f9UPERv➢SORr JV
Contra
r�oM1 Supervisor Nancy C. Fanden Costa ,
DAM April 90 1990 coity
auriteTl AUTHORIZE CHAIR OF THE BOARD TO SEND LETTER TO JUDGE CONTI
SUPPORTING SIERRA CLUB LEGAL DEFENSE FUND POSITION - UNOCAL SETTLEMENT
Ertel►IC A;1QU[8T1S1 OR AtCOMM[NOATIONISI • NACK0111OUN0 AND JUSTIFICATION
RECOMMENDATION:
That a letter be sent by the Board of Supervisors to Judge
Conti, United States District Judge 2 in support of the
Sierra Club Legal Defense Fund settlement of the Unocal
suit, in which $4.22 million in pollution penalties were
to be paid for restoration and enhancement of San Francisco
Bay. The U.S. Department of Justice has intervened and
claimed the monies.
BACKGROUND:
The Sierra Club Legal Defense Fund settled its suit against
Unocal with an agreement to pay $4.22 million in penalties
to be used to restore local Bay resources damaged by
pollution and to perform research on ways to do it. It
also includes monies -for purchase of wetlands .
The Department of Justice has entered the case at the last minute
asserting a claim to the settlement negotiated by a citizen
group, with no help from the Justice Department. This unfair
grab of a negotiated penalty could have a chilling effect on
other citizen groups wishing to bring legal action against
polluters. The monies rightfully should be used for San
Francisco Bay reparations, and should not disappear into the
Federal Treasury.
A letter to Judge Conti firmly setting forth Contra Costa
County's support of the Sierra Club Legal Defense Fund's
settlement will strengthen the Sierra Club Legal Defense
Fund's position on the settlement.
ACTION Of•OAND ON 71 APPROV90 All R11COMM904050 OTNLR x
This item was brought to the attention of the Board members after
the agenda was posted and the Board unanimously agreed on the need to
take action.
Supervisor Fanden moved to approve the recommended action.
Supervisor Powers recommended instead of giving the Sierra Club
outright support that the Sierra Club Legal Defense Fund be directed,
if the Board talks to the Department of Justice and convinces them to
put the funds in Contra Costa County, to commit the funds to the area
around UNOCAL before the Board supports the Sierra Club.
- Supervisor Fanden advised that Supervisor Powers statc,lieiit would
be incorporated in the recommendation.
IT IS BY THE BOARD ORDERED that a letter from the Board of
Supervisors to the Sierra Club Legal Defense Fund relative to the
allocation of funds from the Unocal settlement is AUTHORIZED, and if
agreement is reached to use the funds in western Contra Costa County,
authorize a letter from the Board to U.S. District Court Judge Conti
supporting the Sierra Club Legal Defense Fund' s settlement.
VOTt O► aurtRvlsOns I HEREBY'CSRTIFY THAT THIS IS A
UNANIMOUSIANStNT 1 TRUE AND CORRECT COPY OF AN
AYS•tNoKs, ACTION TAKEN AND ENTERED ON THE
AeatNT1 NINUTES OF THE BOARD OF
ASSTAINt SUPERVISORS ON THE DATE SHOWN.
ATTESTED Ap r i l 10, 1990
CC1 Community Development PHIL BATCHELOR, CLERK OF
County Counsel THE BOARD OF SUPERVISORS
County Administrator AND COUNTX ADMINISTRATOR
BY 1 AAJ ° , DEPUTY