Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  11-001651

 

MEETING DATE:

11/22/11

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

4

SUBMITTING Agency/Department:

OC Waste & Recycling   (Approved)

Department contact person(s):

Michael B. Giancola (714) 834-4122 

 

 

Dylan Wright (714) 834-4137

 

 

Subject:  Amendment #1 to Olinda Third Amended & Restated Agreement

 

      ceo Concur

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Discussion

 

 

3 Votes Board Majority

 

 

 

    Budgeted: N/A

Current Year Cost: N/A

Annual Cost: N/A

 

 

 

    Staffing Impact: No

# of Positions:

Sole Source: N/A

    Current Fiscal Year Revenue: N/A

    Funding Source: OC Waste & Recycling Enterprise Fund 299: 100%

 

    Prior Board Action: January 12, 1999; April 24, 2007; April 22, 2008

 

RECOMMENDED ACTION(S):

 

 

1.

Find that Final Negative Declaration No. 515 previously approved by the OC Waste & Recycling Director on August 7, 2007, satisfies the requirements of CEQA for the proposed project.

 

2.

 

Authorize the OC Waste & Recycling Director to make minor modifications to the site license to accommodate connections for utilities in support of the Conversion Facility at the Olinda Alpha Landfill for a period not to exceed five years.

 

3.

Approve form of the Amendment No.1 to the Olinda Alpha Landfill Third Amended and Restated Landfill Gas Rights and Production Facilities Agreement with Brea Parties. 

 

4.

Authorize the OC Waste & Recycling Director to execute Amendment No.1 upon Board approval.

 

 

 

 

SUMMARY:

 

Approval of Amendment No.1 to the Olinda Alpha Landfill Third Amended and Restated Landfill Gas Rights and Production Facilities Agreement with Brea Parties will enable the County to purchase recycled water at a cost that is significantly less than the cost of potable water; benefit from improvements to the Landfill’s potable water and fire water systems at no cost to the County; and implement enhancements to the existing Agreement language.

 

 

 

BACKGROUND INFORMATION:

 

Landfill gas (LFG) is the natural byproduct of waste decomposition at the landfills and a gas disposal facility is required for landfill operations to comply with regulatory requirements. Currently, the LFG at Olinda Alpha Landfill is disposed of by means of a flare system as well as an existing power generation plant owned and operated by Brea Power Partners, L.P.

 

On April 22, 2008, your Board approved the Third Amended & Restated Landfill Gas Rights and Production Facilities Agreement with Brea Parties. The recommended Amendment No.1 to the Agreement will provide for the following:

 

a.

allows Brea Parties to construct a Recycled Water System specifically for the County’s use at no cost to the County for construction of the system;

b.

provides the County the option to purchase recycled water at a significant discount as compared to the purchase of potable water;

c.

allows Brea Parties to make improvements to the County owned fire water system at the Olinda Alpha Landfill, which will improve water pressure;

d.

allows Brea Parties to make improvements to the County owned potable water system at the Olinda Alpha Landfill, which will improve system functionality;

e.

allows Brea Parties to utilize portions of the County owned potable water system at the Olinda Alpha Landfill and transfers maintenance responsibilities of the system to Brea Parties;

f.

modifies and defines the proposed project site to include added areas for utilities, water, and sewer systems;

g.

clarifies minimum royalty payments to the County; and

h.

authorizes the OC Waste & Recycling Director to make modifications to the site license to accommodate possible future utility connections in support of the conversion facility for a period not to exceed five years.

 

CEQA Compliance:  The proposed project is covered by Final Negative Declaration No. 515 previously approved by the OC Waste & Recycling Director on August 7, 2007. The circumstances of the project are substantially the same and Final Negative Declaration No. 515 adequately addresses the effects of the proposed project.

 

 

 

FINANCIAL IMPACT:

 

N/A

 

 

 

STAFFING IMPACT:

 

N/A

 

EXHIBIT(S):

 

Exhibit A - Red-line of the Agreement

 

ATTACHMENT(S):

 

Attachment A - Amendment No.1 to the Agreement