Resolution No. 2023-173
Resolution No. 2023-173
November 15, 2023
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RESOLUTION NO. 2023-173
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN SAN BERNARDINO
COUNTY, CITY OF SAN BERNARDINO, AND VULCAN
MATERIALS COMPANY – WESTERN DIVISION TO
AGREE AND CONCUR THAT SAN BERNARDINO
COUNTY SHALL ACT AS THE SURFACE MINING AND
RECLAMATION ACT AND CALIFORNIA
ENVIRONMENTAL QUALITY ACT LEAD AGENCY.
WHEREAS, on July 25, 2023, in line with the San Bernardino County (“County”) submittal, Vulcan Materials Company – Western Division (“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 the consolidation of the two (2) separate surface mining and processing operations under a single reclamation plan pursuant to the Surface Mining and Reclamation Act (SMARA). The Project site is depicted in Exhibit A of the Memorandum of Understanding (MOU) (Attachment 2) attached hereto, and incorporated herein by reference; and WHEREAS, the existing Cajon Creek Quarry is located in the City, with the existing Area Q Quarry is located in the County; and
WHEREAS, 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 separated by a natural or manmade barrier coinciding with the boundary of the agencies, the evaluation of the proposed or existing operation shall be made by the Lead Agency; and
WHEREAS, 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; and
WHEREAS, under the California Environmental Quality Act (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; and WHEREAS, in accordance with State law, the adoption 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 in connection with the processing of the Project and will not preclude the City from proper exercise of its land use authority, or police powers.
Resolution No. 2023-173
Resolution No. 2023-173
November 15, 2023
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NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The City Council of the City of San Bernardino hereby approves the MOU between the County, City and Vulcan (Attachment 2).
SECTION 3. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions of or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 4. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 15th day of November, 2023.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Resolution No. 2023-173
Resolution No. 2023-173
November 15, 2023
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-173, adopted at a regular meeting held on the 15th day of November 2023 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ
IBARRA
FIGUEROA
SHORETT
REYNOSO
CALVIN
ALEXANDER
WITNESS my hand and official seal of the City of San Bernardino this __ day of ___ 2023.
Genoveva Rocha, CMC, City Clerk