Agenda Item
ASR
Control 21-000199 |
||
MEETING DATE: |
05/11/21 |
|
legal entity taking action: |
Orange County Flood Control District |
|
board of supervisors
district(s): |
2, 4 |
|
SUBMITTING
Agency/Department: |
County Executive Office (Approved) |
|
Department contact
person(s): |
Thomas Miller (714) 834-6019 |
|
|
James Treadaway (714) 647-3948 |
|
Subject: Approve License Agreement at
Brea Creek with Raytheon Company
ceo CONCUR |
|
Clerk of the Board |
||||||||
Concur |
Approved Agreement(s) and Resolution(s) |
Consent Calendar |
||||||||
|
|
3 Votes Board Majority |
||||||||
|
|
|
||||||||
Budgeted: No |
Current Year Cost:
N/A |
Annual Cost:
N/A |
||||||||
|
|
|
||||||||
Staffing Impact: |
No |
# of Positions:
|
Sole Source:
N/A |
|||||||
Current Fiscal Year Revenue: $14,460
|
||||||||||
Prior Board Action: N/A
|
||||||||||
RECOMMENDED ACTION(S):
1. |
Find that the project is Categorically Exempt from CEQA, Class 1 (Existing Facilities) pursuant to CEQA Guidelines, Section 15301. |
2. |
Adopt a Resolution making certain findings required to use Orange County Flood Control District-owned property pursuant to the Orange County Flood Control Act related to the proposed License Agreement with Raytheon Company. |
3. |
Approve and execute the License Agreement between the Orange County Flood Control District and Raytheon Company for a 19-year term with two five-year extensions to allow Raytheon Company operation and maintenance of a filtration system to treat volatile organic compounds and other compounds of concern in the groundwater upon a certain Orange County Flood Control District-owned property located south of a segment of Malvern Avenue which straddles the City of Buena Park and the City of Fullerton. |
4. |
Authorize the OC Public Works Director or designee to perform all activities specified to be performed by the Director in the License Agreement; and to execute documents necessary for its implementation and subsequent amendments for non-monetary changes and monetary changes that do not increase the Orange County Flood Control District costs by more than $50,000 per fiscal year. |
SUMMARY:
Approval of the proposed License Agreement will enable the Raytheon Company to fulfill their obligations under their Corrective Action Consent Agreement dated January 15, 2003, with Department of Toxic Substances Control (EPA ID 063109243) by allowing them to use the subject Orange County Flood Control District land to filter and treat volatile organic compounds and other compounds of concern in the groundwater, thereby providing a benefit to the general public, and as before, Raytheon Company will install ground water quality monitoring extraction wells and a water pipeline within the channel access road.
BACKGROUND INFORMATION:
Raytheon Company (Licensee) wishes to enter into a License Agreement (License) with the Orange County Flood Control District (District) to fulfill their regulatory obligations under an existing Corrective Action Consent Agreement EPA ID 063109243 (Agreement), dated January 15, 2003, entered into between the Licensee and the Department of Toxic Substances Control that stems from the Licensee’s former operations at 1901 Malvern Avenue in the City of Fullerton.
The License will allow for use of a 16,864-square-foot area (License Area) of District right-of-way, running approximately 4,216 linear feet along the southerly side of Brea Creek Channel, Facility No. A02 (Channel), parallel to Malvern Avenue between Dale Street in the City of Buena Park and Gilbert Street in the City of Fullerton. The Licensee's use of the License Area shall be solely to implement the corrective measures outlined in their Agreement, in accordance with the terms in the proposed License and shall include operation and maintenance of Licensee's groundwater extraction wells, monitoring wells, well control stations, well vaults, pole boxes and associated below-grade, double-contained conveyance pipeline, electrical service feeder and other installations to monitor and remediate groundwater contamination. Any toxic substance found will be contained, and a spill prevention system and program will be present. A County Property Permit will be required, along with the status of any technical reviews.
If approved, the District would grant to Licensee a non-exclusive right to use the License Area, for the proposed term of 19 years with two five-year extensions revocable by either District or Licensee at any time. As a courtesy, the terminating party will provide the other party written notice of said termination 180 days prior to the date of termination.
Upon execution of the License (Commencement Date), the Licensee shall pay District the sum of $14,460 as a fee for the use of the License Area for the first annual period (License Fee). Thereafter, the License Fee shall be increased by $200 on an annual basis on each anniversary of the Commencement Date.
Compliance with CEQA: The proposed project is Categorically Exempt (Class 1) from the provisions of CEQA, pursuant to Section 15301 because it is a license agreement of existing private structures involving no expansion of existing use.
General Plan: The project is consistent with the respective General Plans of the City of Fullerton and the City of Buena Park.
Orange County Flood Control Act: The Orange County Flood Control Act Chapter 36, Section 2 (b) (12) requires the Board of Supervisors making certain findings prior to entering into the proposed License. The evidence relied upon to make these findings is recited in the attached Resolution.
FINANCIAL IMPACT:
Revenue from this agreement is not included in the Fund 400, FY 2020-21 Budget, but will be included in the budgeting process for future years. Annual license fees and any other payments associated with the terms of this License will be credited to OC Flood Fund 400. A fund balance adjustment for FY 2020-21 will be made if required. The proposed License is revocable by either District or Licensee at any time. As a courtesy, the terminating party will provide the other party written notice of said termination 180 days prior to the date of termination.
STAFFING IMPACT:
N/A
REVIEWING AGENCIES:
OC Public Works
ATTACHMENT(S):
Attachment A – Location Map
Attachment B – Resolution
Attachment C – License Agreement
Attachment D – Orange County Flood Control Act
Attachment E – Real Property Conveyance Questionnaire