CITY COUNCIL INFORMATIONAL MEMORANDUM
Meeting: November 7, 2023
To: Cupertino City Council
From: Pamela Wu, City Manager
Re: Update and Status regarding Lehigh Cement Plant and Quarry
Background:
In November 2022, Lehigh Southwest Cement Company (and parent company Heidelberg Materials) announced the permanent shut down of cement kiln operations at its Permanente facility.
Although the City is not a permitting authority for the mine activities, it is a stakeholder given the adjacency and the fact that several parcels lie within the City or the City’s sphere of influence. The City of Cupertino staff has been working closely with the other stakeholders regarding progress for the legally binding agreement with the closure of the Lehigh Cement Plant. These stakeholders include the County Supervisor Joe Simitian's Office, County’s Department of Planning and Development, County Counsel’s Office, MidPeninsula Regional Open Space, and Heidelberg Materials.
Anticipating the permanent closure of the clinker kiln, Lehigh representatives agreed in principle to entering into a legally binding agreement with the County that outlined the negotiated specific terms of such matter.
With the permanent closure of the cement kiln, an updated Reclamation Plan was developed by Lehigh to accommodate the long-term use of the facility. The 2023 Reclamation Plan was submitted to the County for review in June 2023. The County is currently reviewing the submitted Reclamation Plan Amendment which is a comprehensive update and replacement to the 2012 Reclamation Plan.
CITY MANAGER’S OFFICE
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • FAX (408) 777-3366
WWW.CUPERTINO.ORG
Next Steps
A Policy Framework Agreement for Reclamation and Development of Lehigh Quarry Property was approved and adopted by City Council in June 2023 between the County of Santa Clara and the City of Cupertino to set forth joint planning principles to guide efforts when considering restoration and potential future development of the Lehigh Property to ensure any future development benefits the surrounding community and maximizes environmental and natural resource conservation.
Lehigh has also engaged a team of architects, planners, engineers and specialists to conduct a high-level analysis to understand the basic characteristics and topography of the site to help consider future development plans for Heidelberg Materials.
The intent of this information memo is to provide Council and members of the public current status of Lehigh Cement Plant and Quarry anticipating a study session in March 2024 to discuss City’s vision for the subject property. Staff has been working proactively to set forth a policy framework to consider the restoration and potential future development of the Lehigh Property including the following factors:
• Potential land use designation should Lehigh Cement Plan and Quarry properties be annexed into Cupertino proper and correlation with other adjoining property owners, ie. County of Santa Clara and Midpeninsula Regional Open Space Authority.
• Length and duration of the anticipated operation closure by Heidelberg Materials.
• Potential impacts to the Cupertino community resulting from reclamation, restoration, and environmental remediation of the Lehigh Property. • Future infrastructure needs of the Lehigh Property including water, sewer, storm, roads, and etc.
Heidelberg Materials has committed a strong partnership with the community and the City of Cupertino to work collaboratively exploring options for the future redevelopment.
Staff plans to schedule a study session to update the status of the progress of the Lehigh redevelopment plans to Cupertino City Council in March 2024.
Sustainability Impact:
None
Fiscal Impact:
Staff time involved to facilitate the development of a General Plan for future uses of the Lehigh property are accounted for with the Department of Community Development budget. There are no fiscal impacts to the General Fund. _____________________________________
Prepared by: Albert Salvador, Special Project Executive Reviewed by: Matt Morley, Assistant City Manager
Christopher D. Jensen, City Attorney
Approved for Submission by: Pamela Wu, City Manager
Attachments:
None