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Agenda Item
ASR
Control 19-000768 |
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MEETING DATE: |
08/13/19 |
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legal entity taking action: |
Board of Supervisors |
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board of supervisors
district(s): |
2 |
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SUBMITTING
Agency/Department: |
OC Waste & Recycling (Approved) |
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Department contact
person(s): |
Tom Koutroulis (714) 834-4122 |
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David Tieu (949) 728-3047 |
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Subject: Approve Off-Site Habitat
Mitigation for Former Gothard Street Landfill
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ceo CONCUR |
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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: Yes |
Current Year Cost:
$60,000 |
Annual Cost:
FY 2020-2021 - $130,000 |
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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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Prior Board Action: 6/4/2019
#39, 12/4/2012 #30 |
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RECOMMENDED ACTION(S):
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1. |
Find that Mitigated Negative Declaration No. 678 reflects the independent judgment of the County of Orange as lead agency and satisfies the requirements of CEQA for the proposed removal of vegetation at the former Gothard Street Landfill and approval of the related Mitigation Agreement with the Irvine Ranch Conservancy. Adopt Mitigated Negative Declaration No. 678 and make the following additional findings: |
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a. |
The Mitigated Negative Declaration and comments on the Mitigated Negative Declaration received during the public review process were considered and Mitigated Negative Declaration No. 678 is adequate in addressing the impacts related to the project; |
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b. |
On the basis of the whole administrative record there is no substantial evidence that the project, with the implementation of the mitigation measures included in the Mitigated Negative Declaration, will have a significant effect on the environment; and |
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c. |
Pursuant to Public Resources Code Section 21081.6 and CEQA Guidelines Section 15074(d), the Mitigation Monitoring and Reporting Program is adopted. |
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d. |
Mitigated Negative Declaration No. 678 is adequate to satisfy the requirements of CEQA for the proposed removal of vegetation at the former Gothard Street Landfill and approval of the related Mitigation Agreement with the Irvine Ranch Conservancy. |
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2. |
Authorize the Director of OC Waste & Recycling or designee to execute the Mitigation Agreement with the Irvine Ranch Conservancy for $750,000 to restore 7.5 acres of coastal sage scrub in Crystal Cove State Park for a term of up to 10 years. |
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SUMMARY:
Approval of OC Waste &
Recycling’s Mitigation Agreement with the Irvine Ranch Conservancy will
facilitate long-term post-closure maintenance of the former Gothard Street
Landfill by removing coastal sage scrub that precludes OC Waste &
Recycling's ability to perform post-closure maintenance at the landfill during
the nesting bird season and increase the marketability of the site for revenue
generating purposes to offset post-closure maintenance costs.
BACKGROUND INFORMATION:
The 11.5-acre former Gothard
Street Landfill (landfill) located in the City of Huntington Beach is owned by
the County of Orange and was operated as a solid waste landfill by the County
from 1947-1962. OC Waste & Recycling
(OCWR) provides post-closure maintenance of the landfill that is completely
covered by a soil cap. Environmental
control systems include a landfill gas collection system, groundwater
monitoring wells and a surface water collection system. In the 1980s, OCWR installed coastal sage
scrub (CSS) on the landfill site as part of a standard erosion control
mix. Since that time, CSS is now
considered a sensitive habitat type as it provides habitat for threatened and
endangered animal species, such as the coastal California gnatcatcher
(gnatcatcher). There are approximately 8
acres of CSS on the landfill site.
Although biological surveys conducted at the landfill site have not
found any gnatcatchers at the landfill site, other sensitive birds that nest in
the CSS have been found at the landfill site.
This means that OCWR cannot effectively maintain the landfill during the
nesting bird season, which lasts from February 15 through August 31 each
year. To facilitate post-closure
maintenance at the landfill site, OCWR is proposing to remove all 8 acres of
CSS at the landfill. OCWR will remove
the CSS at the landfill site by using existing OCWR contractors. The CSS will either be removed by goats or by
mowing.
Consistent with the California Environmental Quality Act (CEQA), the California Department of Fish and Wildlife (CDFW) requires that OCWR provide compensatory mitigation for the removal of the CSS at the landfill site. Therefore, OCWR is proposing to enter into a Mitigation Agreement with the Irvine Ranch Conservancy (IRC) whereby IRC will restore 7.5 acres of CSS at Crystal Cove State Park over a 10-year period at a not-to-exceed cost of $750,000 (Attachment A). The IRC has an existing agreement with California State Parks that allows IRC to implement habitat mitigation projects in Crystal Cove State Park.
OCWR prepared a Mitigated Negative Declaration (MND) for the removal of the CSS at the landfill site and proposed habitat mitigation in Crystal Cove State Park. The MND was submitted to the Governor’s Office of Planning and Research for the mandatory 30-day public review period from March 26, 2019, to April 25, 2019. OCWR only received one comment letter on the MND, which was from CDFW. In their comment letter on the MND (Attachment B), CDFW agreed that OCWR entering into a mitigation agreement with the IRC for IRC to implement a CSS restoration project at Crystal Cove State Park will provide acceptable compensatory mitigation for the removal of the CSS at the landfill site.
IRC is a non-profit, non-advocacy organization, committed to the highest possible standards of long-term land stewardship. IRC’s headquarters is in Irvine. IRC’s mission is to ensure the protection, restoration and enhancement of natural resources on urban wildlands in Orange County and to provide diverse opportunities for public participation by conducting and supporting scientific, recreational and educational initiatives and programs. IRC currently provides land management and public program services to OC Parks and also has extensive experience successfully implementing habitat mitigation projects for public agencies. On December 4, 2012, the Board of Supervisors (Board) approved a 10-year OCWR-IRC Mitigation Agreement, for the IRC to restore habitat in OC Parks’ Limestone Canyon Nature Preserve, providing compensatory mitigation for OCWR development at the Frank R. Bowerman Landfill through buildout. This mitigation project has been very successful and OCWR is very satisfied with IRC’s performance.
In addition to facilitating year-round post-closure maintenance, the removal of the CSS increases the marketability of the site for revenue generating purposes, which can be used to offset post-closure maintenance costs. On June 4, 2019, the Board approved an option agreement and lease agreement with Surf City Auto Group to develop and operate an outdoor vehicle storage facility (i.e., dealership car parking) at the former Gothard Street Landfill. Surf City Auto Group must prepare CEQA documentation and apply for land use entitlements with the City of Huntington Beach for this project, and OCWR must remove all of the CSS at the Gothard site, before Surf City Auto Group can execute the lease agreement and develop the site.
Compliance with CEQA: Adoption of Mitigated Negative Declaration No. 678 will satisfy the requirements of CEQA for the removal of vegetation at the former Gothard Street Landfill and approval of off-site habitat mitigation.
FINANCIAL IMPACT:
Appropriations for this Agreement are included in the FY 2019-20 Budget and will be included in the budgeting process for future years.
STAFFING IMPACT:
N/A
ATTACHMENT(S):
Attachment A - OCWR-IRC Mitigation Agreement
Attachment B - Comment Letter from California Department of Fish and Wildlife
Confirming that IRC CSS Restoration in Crystal Cove State Park Provides
Acceptable Compensatory Mitigation for the Project
Attachment C - Mitigated Negative Declaration for the Removal of Vegetation at
the Former Gothard Street Landfill and Approval of Off-Site Habitat Mitigation