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Agenda Item
ASR
Control 11-001857 |
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MEETING DATE: |
03/06/12 |
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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 Waste & Recycling (Approved) |
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Department contact
person(s): |
Michael B. Giancola (714) 834-4122 |
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Chip Monaco (714) 834-4147 |
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Subject:
Conservation Easement at Prima
Deshecha Landfill
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ceo Concur |
County
Counsel Review |
Clerk of the Board |
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Concur |
Approved Agreement to Form |
Consent Calendar |
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3 Votes Board Majority |
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Budgeted: Yes |
Current Year Cost:
$15,320 |
Annual Cost: |
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Staffing Impact: No |
# of Positions:
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Sole Source:
No |
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Current Fiscal Year Revenue: N/A |
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Funding Source: OC
Waste & Recycling Enterprise Fund 299: 100% |
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Prior Board Action: 10/24/2006
#35 |
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RECOMMENDED ACTION(S):
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1. |
Find that Final EIR No. 584, previously certified by the Board of Supervisors on October 24, 2006 for the Southern Subregion Habitat Conservation Plan (HCP) reflects the independent judgment of the County of Orange and satisfies the requirements of CEQA for the Conservation Easement and Agreement for habitat mitigation with the Reserve at Rancho Mission Viejo for a 474.7-acre portion of the 1,530-acre Prima Deshecha Landfill, which is a necessarily included element contemplated as part of this action. |
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a. |
The circumstances of the project are substantially the same and EIR No. 584 adequately addressed the effects of the proposed project. No substantial changes have been made in the project, no substantial changes 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 the previous EIR No. 584 was adopted has become known and no further environmental review is required. |
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b. |
EIR No. 584 is adequate to satisfy the requirements of CEQA for the Conservation Easement and Agreement for habitat mitigation with the Reserve at Rancho Mission Viejo for a 474.7-acre portion of the 1,530-acre Prima Deshecha Landfill. |
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c. |
All mitigation measures are fully enforceable pursuant to CEQA (Public Resources Code) Section 21081.6(b) and have either been adopted as conditions, incorporated as part of the project design, or included in the procedures of project implementation. |
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2. |
Approve Conservation Easement and authorize the Chairman of the Board to execute Conservation Easement PM 126-47 with the Reserve at Rancho Mission Viejo for a 474.7-acre portion of the 1,530-acre Prima Deshecha Landfill that will not be used for future Prima Deshecha Landfill development. |
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3. |
Approve Agreement MA-299-12011363 with the Reserve at Rancho Mission Viejo at Prima Deshecha Landfill with an initial annual fixed amount not to exceed $15,320 and the subsequent annual fixed amounts to be adjusted based on the current Consumer Price Index (CPI) for a term of 75 years so as to run concurrently with the term of the Implementation Agreement for the Southern HCP, subject to extension by mutual consent of the parties given in writing at least 60 days prior to the end of term. |
SUMMARY:
Approval of the Conservation Easement and Agreement with the Reserve at Rancho Mission Viejo for fulfilling habitat mitigation requirements will support continued landfill operations and compliance with State and Federal regulations at Prima Deshecha Landfill.
BACKGROUND INFORMATION:
OC Waste & Recycling is responsible for managing
the County’s solid waste disposal system, which includes the South Region
Landfills consisting of the active Prima Deshecha Landfill and five closed
solid waste disposal sites. The Prima Deshecha Landfill was opened in 1976 to
meet the solid waste disposal needs of the southern portion of Orange
County.
The Orange County Southern Subregion Habitat Conservation Plan (HCP) encompasses 132,000 acres including 40,000 acres in the Cleveland National Forest. The Southern Subregion HCP has three participating landowners: County of Orange, Rancho Mission Viejo, and Santa Margarita Water District. The Southern Subregion HCP was approved by your Board on October 24, 2006 and by the U.S. Fish and Wildlife Service on January 10, 2007.
The Southern Subregion HCP requires the County to record a conservation easement on a 474.7-acre portion of the 1,530-acre Prima Deshecha Landfill. The County has designated two landfill disposal zones at the Prima Deshecha Landfill: Zone 1 and Zone 4. OC Waste & Recycling participated in the Southern Subregion HCP planning process to identify mitigation opportunities and determined that the 474.7-acre Conservation Easement will not be used for future landfill development and will instead be used for biological mitigation projects to compensate for the future impacts of Zone 4. As a result, OC Waste & Recycling installed 174 acres of coastal sage scrub and 18.7 acres of native grassland habitat to compensate for future impacts associated with Zone 4 and the La Pata Avenue Gap Closure project. The use of the 474.7-acre area for biological mitigation does not affect long-term landfill capacity at the Prima Deshecha Landfill.
To comply with the requirements of the Southern Subregion HCP, the Conservation Easement will be held by the Reserve at Rancho Mission Viejo, which is the administrative entity for the Southern Subregion HCP. The recommended Agreement with the Reserve at Rancho Mission Viejo includes their annual preparation of a biological report and conducting miscellaneous biological monitoring activities to support OC Waste & Recycling's compliance with the terms and conditions of the Conservation Easement.
The recommended Agreement MA-299-12011363 with the Reserve at Rancho Mission Viejo at Prima Deshecha Landfill includes an initial annual fixed amount not to exceed $15,320 with the subsequent annual fixed amounts to be adjusted based on the current Consumer Price Index (CPI) for a term of 75 years so as to run concurrently with the term of the Implementation Agreement for the Southern HCP, subject to extension by mutual consent of the parties given in writing at least 60 days prior to the end of term. Services funded include a not to exceed amount of $2,600 to perform annual inspections of the Landfill SOS Conservation Easement and review of the annual compliance report prepared by the County; a not to exceed amount of $6,720 to cover enforcement actions for any deficiencies identified and not able to be corrected by OC Waste & Recycling within a 30 day period; and a not to exceed amount of $6,000 for miscellaneous monitoring, review, advice, and approval actions agreed upon in writing prior to commencement of activities.
The Conservation Easement contains a non-standard indemnification provision wherein the County has agreed to indemnify the Reserve at Rancho Mission Viejo. CEO Risk Management and County Counsel have reviewed the sole indemnification provision and have approved it since the County is performing all of the work and the Reserve at Rancho Mission Viejo is simply performing annual biological monitoring and writing a compliance report for the State and federal agencies.
CEQA Compliance: This project is a necessarily included element of the projects considered in Final EIR No. 584 for the Southern Subregion HCP, certified by the Board of Supervisors on October 24, 2006, which adequately addressed the effects of the proposed project. No substantial changes have been made in the project, no substantial changes 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 the Final EIR No. 584 was certified has become known therefore no further environmental review is required.
FINANCIAL IMPACT:
N/A
STAFFING IMPACT:
N/A
EXHIBIT(S):
Exhibit A - Conservation Easement
ATTACHMENT(S):
Attachment A - Agreement with the Reserve at Rancho Mission Viejo