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HomeMy WebLinkAboutContracts & Agreements_42-1994_CCv0001.pdf Please return one fully-executed original to: MEMORANDUM OF UNDERSTANDING City Clerk' s Off. BETWEEN City of Redlands THE CITY OF HIGHLAND P. 0. Box 3005 AND Redlands, CA THE CITY OF REDLANDS ON THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR ROBERTSON'S READY MIX FOR A DEVELOPMENT AGREEMENT AND MINING AND RECLAMATION PLANS Whereas, Robertson's Ready Mix has submitted to the Cities of Highland and Redlands, for review and approval, a Development Agreement for a proposed project including the expansion of a sand and gravel quarry, the development of haul roads, and the expansion of a processing plant within the Santa Ana Wash ("Project"), and Whereas, the environmental impacts from the Project lying within the City of Highland and the City of Redlands must be considered by the Cities when reviewing and acting on the Project pursuant to the California Environmental QualityAct; and Whereas, the Project may have a significant adverse effect on the environment, as defined by CEQA,which must be considered by local governmental agencies when reviewing and acting on projects pursuant to CEQA and other applicable state laws; and Whereas, CEQA Guidelines, 14 CCR Section 15051 (d) provides that where two or more public agencies will be involved with a project, the public agencies may by agreement designate an agency as the Lead Agency; Now, therefore, it is agreed as follows: 1. The City of Redlands will serve as the CEQA Lead Agency and will cause the preparation of an Environmental Impact Report ("EIR"),as set forth in this agreement and in accordance with the provisions of CEQA. 2. The EIR will address the impacts on the environment of the proposed Project as well as alternatives thereto. 3. The, City of Highland and the City of Redlands shall be free to fulfill their statutory, responsibilities,including permit issuance, in accordance with CEQA requirements,SMARA and other applicable statues. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HIGHLAND AND THE CITY OF REDLANDS ON THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR ROBERTSON'S READY MIX FOR A DEVELOPMENT AGREEMENT AND MINING AND RECLAMATION PLANS Whereas, Robertson's Ready Mix has submitted to the Cities of Highland and Redlands, for review and approval, a Development Agreement for a proposed project including the expansion of a sand and gravel quarry, the development of haul roads, and the expansion of a processing plant within the Santa Ana Wash ("Project"); and Whereas, the environmental impacts from the Project lying within the City of Highland and the City of Redlands must be considered by the Cities when reviewing and acting on the Project pursuant to the California Environmental Quality Act; and Whereas, the Project may have a significant adverse effect on the environment, as defined by CEQA, which must be considered by local governmental agencies when reviewing and acting on projects pursuant to CEQA and other applicable state laws; and Whereas, CEQA Guidelines, 14 CCR Section 15051 (d) provides that where two or more public agencies will be involved with a project, the public agencies may by agreement designate an agency as the Lead Agency; Now, therefore, it is agreed as follows: 1. The City of Redlands will serve as the CEQA Lead Agency and will cause the preparation of an Environmental Impact Report ("EIR"),as set forth in this agreement and in accordance with the provisions of CEQA. 2. The EIR will address the impacts on the environment of the proposed Project as well as alternatives thereto. 3. The City of Highland and the City of Redlands shall be free to fulfill their statutory responsibilities,including permit issuance, in accordance with CEQA requirements,SMARA and other applicable statues. 4. The independent consultant reviewing the EIR shall be selected utilizing an agreed upon RFP and selection process with representation from City of Highland and City of Redlands. Each jurisdiction may protest and delete any particular consultant found objectionable. 5. City of Highland shall be given the opportunity to review and comment on preliminary (screencheck) and administrative drafts prior to publication and release of any Draft EIR. 6. The Project Description for the project shall he as set forth in Attachment 1. 7. Costs associated for preparation of the EIR, review of the EIR by the independent consultant, and costs associated with staff review (to include the staff of City of Highland and City of Redlands), and other costs associated with the evaluation, printing and consideration of the EIR documents shall be paid for by the applicant, Robertson's Ready Mix. Robertson's Ready Mix shall make payment to each city consistent with the requirements of each city. 8. Termination. Either party may terminate this agreement upon thirty (30) days prior written notice to the other party. In the event of such termination each party shall be responsible for its respective share of cost incurred under this agreement up to and including the termination. 9. Upon certification of the final EIR by the City of Redlands, each agency may consider and act on the Project, making the findings necessary by law. City of Highland Date John Timmer, Mayor ATTEST: City of Redlands Date November 18, 1994 wen Larson, Mayor �ATTEST- Lorne7zer, 60erk , 91