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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 15, 2023
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager
Mary E. Lanier, Interim Agency Director of Community,
Housing, and Economic Development Department
Department: Community, Housing, & Economic Development (CED) Subject: Adopt a Resolution Approving a Memorandum of
Understanding (MOU) between San Bernardino
County, City of San Bernardino, and Vulcan Materials
Company – Western Division (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-173, approving the Memorandum of Understanding (MOU), between San Bernardino County (“County”), the City of San Bernardino (“City”), and Vulcan Materials Company – Western Division (“Vulcan”) to agree and concur that the County shall act as the Surface Mining and Reclamation Act (SMARA) of 1975 and California Environmental Quality Act (CEQA) Lead Agency.
Executive Summary
The purpose of the Resolution is to approve the MOU between the County, City, and Vulcan Materials Company in where all parties agree and concur that the County shall act as the SMARA and CEQA Lead Agency in accordance with State Law for the purposes of facilitating the processing of their independent entitlements, and consolidation of two (2) existing surface mining and processing operations under a single reclamation plan.
Background
On July 25, 2023, in line with the County’s submittal, Vulcan submitted the Cajon Creek Consolidation Project (hereinafter the “Project”) to amend existing operational characteristics under its existing City and County approved and issued entitlements and consolidate two separate surface mining and processing operations under a single reclamation plan pursuant to the SMARA of 1975.
For the purpose of processing the Project and setting roles and responsibilities 1 7
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between the County, City, and Vulcan, and MOU was submitted for consideration.
Discussion
Vulcan operates two (2) separate and adjacent surface mining and processing operations in the City and County, where they recover aggregate (sand and gravel) minerals. The existing Cajon Creek Quarry site (Area L, M, and N) is located in the City. The existing Area Q is located in the County, immediately south of the Cajon Creek Quarry. Vulcan is proposing certain changes to the operational characteristics under its existing City and County entitlements. This includes certain amendments to both the City and County-issued entitlements, as well as the consolidation of the two (2) separate surface mining and processing operations under a single reclamation plan, pursuant to the SMARA of 1975.
State law provides that whenever a proposed or existing surface mining operation is within the jurisdiction of two or more public agencies, is a permitted use within the agencies, and is not separate by a natural or manmade barrier coinciding with the boundary of the agencies, the evolution of the proposed or existing operation shall be made by the Lead Agency. Under SMARA, a Lead Agency is a public agency that has principal responsibility for reclamation plan and financial assurance review and approval, mine inspection, and enforcement. Furthermore, under CEQA, when two or more public agencies with a substantial claim to be the Lead Agency, State law provides that the public agencies may be in agreement and designate an agency as the CEQA Lead Agency.
Therefore, in accordance with State law, the approval of the attached MOU between the County, City, and Vulcan would be for the purposes of the County to act as the SMARA and CEQA Lead Agency for the Project. The City will act as the Responsible Agency under CEQA and is not precluded from the proper exercise of its land use authority.
2021-2025 Strategic Targets and Goals
Approving a Memorandum of Understanding (MOU) between the County, City and Vulcan aligns with Strategic Target No. 1: Improved Operational and Financial Capacity, as it sets roles and responsibilities for all parties involved in processing the Project, and both the County and City will benefit from the consolidation of the surface mining and processing operations, in the event the Project is approved.
Fiscal Impact
There is no financial impact associated with the item.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-173, approving the Memorandum of Understanding (MOU), between San Bernardino County (“County”), the City of San Bernardino (“City”), and Vulcan Materials Company – Western Division (“Vulcan”) to 1 7
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agree and concur that the County shall act as the Surface Mining and Reclamation Act (SMARA) of 1975 and California Environmental Quality Act (CEQA) Lead Agency.
Attachments
Attachment 1 Resolution No. 2023-173
Attachment 2 Memorandum of Understanding
Attachment 3 Memorandum of Understanding - Exhibit A
Ward:
All Wards
Synopsis of Previous Council Actions:
N/A