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HomeMy WebLinkAbout2012-05-22 - RESOLUTIONS - FED LEGISLATION CEMEX (2)RESOLUTION NO. 12-34 A RESOLUTION OF THE CITY COUNCIL OF ]'HE CITY OF SANTA CLARITA, CALIFORNIA, REGARDING FEDERAL LEGISLATION RELATED TO THE PROPOSED SOLEDAD CANYON MINE WHEREAS, CEMEX USA has proposed a 56,000,000 net ton sand and gravel ]nine in Soledad Canyon,- and WHISREAS, the proposed mine, as currently authorized, will occur on surface estate owned by the City of Santa Clarita, California; and WHEREAS, the proposed mine may result in 1] 64 truck trips per day, contribute to the deterioration of local an- quality, and potentially eliminate the opportunity to create important linkag-es of the northern and southern sections of the Angeles National Forest, as outlined in the Easi Sonta Clarito Land Conservation Concept Plan and Iniplementation Strategy; and WHER-EAS, since 1999, the Santa Clarita City Council, on behalf of the residents of Santa Clarita, has aggressively opposed the mining project and sought solutions to end the thieat to the community: and WHEREAS, on January 8, 2007: the City of Santa Clarita and CEME_X, USA entered into an aareemein to "jointly develop solutions to the existing dispute," with the agreement having been extended eight times, and the current agreement due to expire on May 3) 1, 2012� and WHEREAS, the City Council has worked with Senator Barbara Boxer, Senator Dianne Feinstein, and Representative Howard P. "Buck" McKeon on various legislative resolutions to the issue over the past five and one-half years; and WHEREAS. the City of Santa Clarita and CEMEX have identified three key goals for inclusion in any federal legislation to resolve the dispute between the two parfies; 1) cancellation ofcontracts between CEMEX and the United States Bureau of Land Management, numbered CA -20139 and CA -22901 �- 2) withdrawal from further mineral entry the areas that are the subject ofthe two contracts-, and 3)) fairly compensating CEMEX for the value of the two valid contracts that the company holds with the United States; and WHEREAS, Representative McKeon has introduced legislation during the I 08th, 109th, I I Oth, and I I I th Congresses, and Senator Boxer has introduced companion legislation during the I 08th and I I Ith Congresses, and WI-ILREAS, Senator Barbara Boxer has introduced S. 759, which was developed jointly between CEMEX and the City of Santa Clarita, in the I I 2th Congress; and �A/I IEREAS, in a November 4, 20115 lettei from House of Representatives Committee on Natural Resources Chairman Doc Hastings to Representative McKeon, Chairman Hastings has deterinitled that the language contained within H.R. 4332, introduced by Mr. NIcKeon during the I A Atli Congress, is in violation Of House of Representatives Rule XXI, clause 9, and therefore, subject to the moratorium on legislation containing earmarks; and WHEREAS, Representative McKeon is unable to introduce the same language into legislation during the I I 2th Congress without violating rules of the House of Representatives and has not introduced any other legislation on the Subject; and WHEREAS, the language contained within Senator Boxer's Current legislation, S. 759, has not been determined to be an earmark in the Senate, and WHEREAS, City staff continues to work with representatives of CEMEX, Senator Boxer's staff, Senator Feinstein's staff, and Representative McKeon's staff in pursuing available legislative avenues for resolving the dispute. NOW, THER-EFORF, the City Council of the City of Santa Clarita does hereby resolve as follows: SECTION 1. That the City Council reiterates its continued opposition to CEMEX's proposed Soledad Canyon mining prQject and reaffirms its commitment to securing a resolution to the issue in partnership with CEMEX on behalf of the residents of Santa . Clarita. SECTION 2. That the City Council reaffirms its strong support for S. 759, as previously adopted on May 10, 2011, and reiterates its appreciation to Senator Boxer for introducing S. 759 during the A 12th Congress, and for continuing to publically state her strong commitment to the resolution of the issue. SECTION 3. That the CitY Council expresses its appreciation to Senator Feinstein for her ongoing, support of the community reggarding this issue, and for Continuing to work toward a resolution of the issue. SECTION 4. That the City Council express its appreciation to Representative McKeon for his past legislative efforts during the A 08th, 109th, I 10th, and I I Atli Congresses. SECTION 5. That the City Council formally requests that Representative Howard P. "Buck" McKeon work with Chairman Hastings: CEMEX, and the City of Santa Clarita in developing, introducing, and having enacted into law during the 112th Congress, bi-partisan legi slati on, that accomplishes the three key goals of the City of Santa Clarita and CEMEX, and does not violate the House of Representatives rule relating to earmarks. SECTION 6. The City Clerk shall certify to the adoption of this Resolution. I I I PASSED, APPROVED, AND ADOPTED this 22nd day ofMay 2012. ATTEST: FY A�CLERK��� DATE: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF SANTA CLARITA) 1, Sarah P. Gorman, City Clerk of the City of Santa Clarita, do hereby certif3, that the foregoing Resolution was dUly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 22nd day of May 2012, by the following vote: AYES: COUNCILMEMBERS: McLean, Weste, Kellar, Boydston, Ferry NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None T LE Y C� STATE OF CALIFORNIA COUNTY OF LOS ANGELES Ss. CITY 01, SANTA CLARITA CERTIFICATION OF CITY COUNCIL RESOLUTION 1� I City Clerk of the City of Santa Clarita� do hereby certify that this is a true and coyrec(copy of the original Resolution 1.2-34 adopted by the City Council of the City of Santa Clarita, California on May 22, 2-0 12, which is now oil file in 111), office. Witness my hand and seal of the City of Santa Clarita, California, this _ day of 20 City Clerk By Deputy City Clerk 4