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Agenda Item
ASR
Control 25-000598 |
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MEETING
DATE: |
09/23/25 |
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legal entity taking action: |
Board
of Supervisors |
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board of supervisors district(s): |
5 |
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SUBMITTING Agency/Department: |
OC
Community Resources (Approved) |
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Department contact person(s): |
Dylan
Wright (714) 480-2788 |
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Pam
Passow (714) 973-6650 |
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Subject: Approve Aliso Creek Restrictive
Covenant and Long-Term Funding Agreement
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ceo CONCUR |
County Counsel Review |
Clerk of the Board |
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Concur |
Approved
Agreement to Form |
Discussion |
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3
Votes Board Majority |
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Budgeted: N/A |
Current Year
Cost: See Financial
Impact Section |
Annual Cost: See Financial Impact Section |
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Staffing Impact: |
No |
# of Positions: |
Sole Source: N/A |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: N/A |
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RECOMMENDED
ACTION(S):
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1. |
Make the following California
Environmental Quality Act (CEQA) findings: |
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a. |
The Orange County Transportation
Authority (OCTA), as lead agency under CEQA for the OCTA M2 Natural Community
Conservation Plan/Habitat Conservation Plan, certified Final Environmental
Impact Report/Environmental Impact Statement (EIR/EIS) SCH No. 2010121008 on November 28, 2016. The County
of Orange as a responsible agency under CEQA Guidelines Section 15381, has
reviewed and considered the EIR/EIS SCH No. 2010121008 prepared by OCTA, and
certifies that it has done so, pursuant to CEQA Guidelines Section 15050(b). |
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b. |
There are no significant environmental
effects within the jurisdiction of the County of Orange which require a
finding on the part of the County of Orange. |
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c. |
The circumstances of the project are
substantially the same as described in EIR/EIS SCH No. 2010121008 and no
substantial changes have been made in the project, no substantial changes
have occurred in the circumstances under which the project is being undertaken,
and no new information of substantial importance to the project which was not
known or could not have been known when EIR/EIS SCH No. 2010121008 was
certified has become known. |
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d. |
There are no feasible alternatives or feasible
mitigation measures within the separate authority of the County of Orange to
impose, which would substantially lessen or avoid any significant effect the
project would have on the environment, pursuant to CEQA Guidelines Section
15096 (g)-(h). |
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e. |
As a responsible agency, the County of
Orange is authorized, pursuant to CEQA Guidelines Section 15096, to rely on
EIR/EIS SCH No. 2010121008 certified by OCTA. |
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2. |
Approve and authorize Director of OC
Parks or designee to make any non-material changes to and record the Aliso
Creek Declaration of Restrictive Covenants in substantially the same form as
attached and issue any subsequent amendments or documents that make non-monetary
and/or monetary changes that do not increase County costs by more than
$75,000 per year, as approved by County Counsel. |
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3. |
Approve and authorize Director of OC
Parks or designee to make any non-material changes to and execute the
Assignment and Assumption of Permit Obligations with the Orange County
Transportation Authority in substantially the same form as attached and issue
any subsequent amendments or documents that make non-monetary and/or monetary
changes that do not increase County costs by more than $75,000 per year, as
approved by County Counsel. |
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4. |
Approve and authorize Director of OC
Parks or designee to make any non-material changes to and execute the
Long-Term Funding Agreement with the National Fish and Wildlife Foundation in
substantially the same form as attached and issue any subsequent amendments
or documents that make non-monetary and/or monetary changes that do not
increase County costs by more than $75,000 per year, as approved by County
Counsel. |
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SUMMARY:
Approval of the Aliso Creek
Declaration of Restrictive Covenants and Long-Term Funding Agreement with the
Orange County Transportation Authority will allow the Orange County
Transportation Authority to complete a habitat mitigation project on
County-owned property and provide funding for long-term maintenance of the
mitigation sites.
BACKGROUND
INFORMATION:
The Orange County Transportation
Authority (OCTA) and its Measure 2 (M2) program is primarily used to fund the
costs of transportation improvements, including freeways, streets and roads
throughout Orange County, as well as fund multiple transit programs. M2
includes a program to deliver comprehensive mitigation for biological impacts
of 13 freeway projects in exchange for streamlined project approvals from state
and federal resource agencies. OCTA’s Environmental Mitigation Program (EMP)
has acquired conservation properties and provided funding for habitat
restoration projects as part of the Natural Community Conservation Plan/Habitat
Conservation Plan. The Aliso Creek Restoration Project (Project) is a result of
the EMP.
The Project was approved for
funding under M2 in 2012. The Project area is located on property owned by the
County within Aliso and Wood Canyons Wilderness Park (Park), which is managed
by OC Community Resources/OC Parks (OCCR/OC Parks). In cooperation with the
County, the Project restored 55 acres of riparian habitat within the Park
(Restricted Property), removing over 1,000 tons of invasive Arundo and
enhancing critical habitat for threatened and endangered species in accordance
with their Habitat Mitigation & Monitoring Plan. The latest annual report
received by OCTA confirms all success criteria have been met and now OCTA is
ready to transfer over the long-term habitat maintenance to the County.
To ensure the continued success of
this habitat mitigation project, OCCR/OC Parks is requesting Board of
Supervisors (Board) approval of the Aliso Creek Declaration of Restrictive
Covenants (Restrictive Covenant), Assignment and Assumption of Permit Obligations,
and Long-Term Funding Agreement (LTFA). The purposes of the Restrictive
Covenant are: (1) to ensure management and preservation of the Restricted
Property in its natural condition in perpetuity and (2) to take reasonable
steps to prevent uses of the Restricted Property that will impair or interfere
with the conservation values of the Restricted Property. As the entity with
long-term oversight of the Restricted Property, the County, through OCCR/OC
Parks, will have the duty of maintaining, repairing, and restoring the
Restricted Property as specified in the Restrictive Covenant. Regulatory
agencies such as the California Department of Fish and Wildlife, U. S. Army
Corps of Engineers (USACE), U.S. Fish and Wildlife Services and the State Water
Resources Control Board retain enforcement duties over the Restrictive Covenant
to ensure compliance. The Restrictive Covenant is consistent with the Park’s
use as wilderness area and the Park’s Resource Management Plan. The Assignment
and Assumption of Permit Obligations restates the obligations of the County and
OCTA in this transaction and is required by the USACE.
OCTA is obligated to fund the
long-term obligations in part by the terms and conditions required by the
USACE’s Section 404 Permit issued to or held by OCTA. To fund this obligation,
the terms of the LTFA provide financial assistance to OCCR/OC Parks to undertake
the long-term maintenance and management obligations with respect to the
Restricted Property in accordance with the “Final Long-Term Management Plan for
Aliso Creek Mitigation Site, April 2024” (LTMP). The LTFA will establish an
endowment of $707,020, which has been determined to be sufficient to compensate
the County for costs associated with the LTMP. The National Fish and Wildlife
Foundation, a charitable non-profit corporation established by the United
States Congress in 1984 by the National Fish and Wildlife Foundation
Establishment Act, will serve as administrator over the endowment.
Board approval of this item will
allow OCTA to make the one-time $707,020 deposit into a USACE-approved
non-wasting endowment account for the purpose of funding long-term habitat
maintenance activities by the County.
Compliance
with CEQA:
OCTA, as lead agency under CEQA for this project, certified Final EIR/EIS SCH
No. 2010121008 on November 28, 2016. The County of Orange, as a responsible
agency under CEQA Guidelines section 15381, has reviewed and considered the
Final EIR/EIS SCH No. 2010121008 prepared and certified by OCTA, and certifies
it has done so. As a responsible agency, the County of Orange is authorized by
Guidelines section 15096 to rely on the Final EIR/EIS SCH No. 2010121008
certified by OCTA.
FINANCIAL
IMPACT:
A non-wasting endowment for the
County will be established for the long-term management of the Restrictive
Covenant area. OCTA will make a $707,020 deposit into this account for the
County’s use in providing long-term habitat management. The amount was calculated
through a Property Analysis Record (Attachment G) and is based upon estimated
annual County operating expenses of $24,746. The endowment account is projected
to yield that amount required in interest on an annual basis. Under Section
IV.C of the LTFA, the County is not required to spend any more funds than what
is available on an annual basis, so the County does not incur a financial
burden beyond what is provided by the endowment.
STAFFING
IMPACT:
N/A
ATTACHMENT(S):
Attachment
A – Location Map
Attachment B – Aliso Creek Declaration of Restrictive Covenants
Attachment C – Assignment and Assumption of Permit Obligations
Attachment D – Long-Term Funding Agreement
Attachment E – Long-Term Management Plan
Attachment F – Habitat Mitigation & Monitoring Plan
Attachment G – Property Analysis Record (PAR)