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Agenda Item
ASR
Control 23-001161 |
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MEETING
DATE: |
01/23/24 |
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legal entity taking action: |
Board
of Supervisors |
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board of supervisors district(s): |
3 |
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SUBMITTING Agency/Department: |
County
Executive Office (Approved) |
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Department contact person(s): |
Thomas
Miller 714-834-6019 |
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Dylan
Wright 714-480-2788 |
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Subject: City of Mission Viejo Property
Exchange and Habitat Conservation Amendment
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ceo CONCUR |
County Counsel Review |
Clerk of the Board |
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Concur |
Approved
Agreement(s) and Resolution(s) |
Discussion |
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4/5
Vote |
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Budgeted: N/A |
Current Year
Cost: N/A |
Annual Cost: N/A |
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Staffing Impact: |
No |
# of Positions: |
Sole Source: No |
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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 City of
Mission Viejo as lead agency under CEQA for the Lower Curtis Park – Dirt
Import and Stockpile project (State Clearinghouse # 2020080147), adopted a
Mitigated Negative Declaration on September 14, 2020. The County of Orange as
a responsible agency under CEQA Guidelines Section 15381, has reviewed and
considered the adopted Mitigated Negative Declaration prepared by the City of
Mission Viejo 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 the adopted Mitigated Negative
Declaration (State Clearinghouse # 2020080147) 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 the Mitigated Negative Declaration (State
Clearinghouse # 2020080147) was adopted 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 Guidelines section 15096, to rely on the
Mitigated Negative Declaration (State Clearinghouse # 2020080147) adopted by
the City of Mission Viejo. |
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2. |
Authorize property exchange between the
County of Orange and City of Mission Viejo as set forth in the attached
Transfer Agreement and its respective deeds and find that the property
conveyed to the City of Mission Viejo is not required for any County of
Orange park use and is being conveyed to the City of Mission Viejo for
continued park purposes. |
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3. |
Find that the parcels of real property
to be received, Facility Parcel Nos. PR51A-914, PR51A-915 and PR51A-606, by
the County of Orange are required for County use. |
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4. |
Approve amendment to the 2011 Memorandum
of Implementation Agreement for the Southern Subregion Habitat Conservation
Plan as set forth in the property exchange deeds and adopt Resolution to
ratify the amendment. |
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5. |
Approve the Quitclaim Deed from the City
of Mission Viejo for Facility/Parcel No. PR51A-914, PR51A-915 and No.
PR51A-606. |
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6. |
Approve the Quitclaim Deed from the
County of Orange to the City of Mission Viejo for Facility/Parcel No.
PR51A-701.3. |
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7. |
Authorize and execute the Transfer
Agreement, the Quitclaim Deeds and Certificate of Acceptance attached to the
quitclaim deeds in substantially the form attached thereto, and any other
documents necessary to complete the contemplated transaction, and to perform
all activities necessary to complete the project. |
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SUMMARY:
Approval of the Transfer Agreement
and deeds will enable a property exchange between the County of Orange and the
City of Mission Viejo to facilitate the expansion of its Lower Robert A. Curtis
Park, and the enrollment and unenrollment of lands into and from the Southern
Subregion Habitat Conservation Plan
BACKGROUND
INFORMATION:
The County of Orange (County)
received a request from the City of Mission Viejo (City) to acquire a small
section of land within O’Neill Regional Park (O’Neill Park). The purpose of
this request is to enable the City to expand its Lower Robert A. Curtis Park
(Lower Curtis Park). In return for this land transfer, the City would provide
the County with nearby City-owned property that adjoins O’Neill Park.
The City is
proposing that the County quitclaim 13.84 acres of County Park property to the
City, identified as Facility Parcel Number PR51A-701.3, which is currently as
part of O’Neill Park (see yellow area in Attachment A), to enable the City to
complete its expansion of Lower Curtis Park. The Quitclaim Deed for the County
O’Neill Park property is attached as Attachment B. Since the proposed property
transfer will be to another public agency for park purposes and is conditioned
as such in the Quitclaim Deed, park abandonment is not required. Should the
City seek to change the use of the property at any point in the future, the
City must follow procedures for park abandonment.
In exchange, the City will
quitclaim to the County, a 13.88-acre parcel, identified as Facility Parcel
Number PR51A-606, a 2.16-acre parcel identified as Facility Parcel Number
PR51A-914 and a 1.54-acre parcel to the County, identified as Facility Parcel
Number PR51A-915 (see orange areas in Attachment A). The Quitclaim Deeds for
the properties are attached as Attachment B, Attachment C and Attachment D. All
three parcels are deed restricted for park purposes. To ensure a smooth
transaction for the land transfer, the City and the County have agreed upon use
of a Transfer Agreement to document details and responsibilities related to
this property exchange (Attachment E).
The County O’Neill
Park property is located within the boundaries of the Southern Subregion
Habitat Conservation Plan (HCP). Removal of enrolled County Park property from
the HCP requires approval from the property owner of the enrolled property and
approval from the U. S. Fish and Wildlife Service (USFWS) for a Minor Amendment
to the HCP to offset the impacts of removing the County O’Neill Park property
from the HCP. The City worked with USFWS to determine the appropriate
replacement ratio for the removal of the County O’Neill Park property from the
HCP and worked with both USFWS and OC Community Resources/OC Parks (OCCR/OC
Parks) to determine the specific land to be exchanged, which allowed for the
preparation of the Minor Amendment.
The City prepared the Minor Amendment to the
HCP, which was reviewed and accepted by OCCR/OC Parks and subsequently approved
by USFWS, conditionally upon the completion of the property transfer between
the City and the County. Therefore, the Minor Amendment which will unenroll the
existing County property (13.84 acres) and enroll the existing City property
(total of 17.58 acres) (Attachment F) will not become effective until all
Quitclaim Deeds are recorded.
As part of the
obligations of the HCP, the County was required to “enroll” the County Park
property through recording of a Memorandum of Implementation Agreement
(Memorandum) attached as Attachment G, against the property’s title. On April
19, 2011, the Board of Supervisors (Board) approved the Memorandum which
enrolled the subject County O’Neill Park property into the HCP. Additionally,
the Board is being requested to approve a Resolution (Attachment H) to ratify
the amendment to the Memorandum for recordation purposes.
Removal
of enrolled County O’Neill Park property from the HCP requires approval from
the property owner of the enrolled property and approval from the USFWS for a
Minor Amendment to the HCP to offset the impacts of removing the County O’Neill
Park property. The City worked with USFWS to determine the appropriate
replacement ratio for the removal of the County O’Neill Park property from the
HCP and worked with both USFWS and OCCR/OC Parks to determine the specific land
to be exchanged, which allowed for the preparation of the Minor Amendment. Government Code Section 25365 permits the
Board of Supervisors by 4/5ths vote to
exchange real property with other public agencies.
The County O’Neill
Park property that is to be conveyed to the City lies within the City of Rancho
Santa Margarita’s boundaries. The City of Rancho Santa Margarita has
acknowledged the City's project and stated that it will work cooperatively with
the City of Mission Viejo in the future to discuss potential annexation and
related impacts to the two cities and their respective boundaries. The City of
Rancho Santa Margarita provided a letter of acknowledgement (Attachment I).
FINANCIAL
IMPACT:
The value of the
property to be received by the County was determined to be equal to or greater
than the value of the property to be transferred by the County (see Attachment
J), and no financial transaction will occur with the property transfer. As a result,
there is no financial impact.
STAFFING
IMPACT:
N/A
REVIEWING
AGENCIES:
OCCR,
OC Parks
ATTACHMENT(S):
Attachment
A - Location Map
Attachment B - Quitclaim Deed – County Property – PR51A-701.3
Attachment C - Quitclaim Deed – City Property – PR51A-606
Attachment D - Quitclaim Deed – City Property – PR51A-914 & PR51A-915
Attachment E - Transfer Agreement
Attachment F - HCP Minor Amendment and USFWS Approval Memo
Attachment G - Memorandum of Implementation Agreement Amendment
Attachment H - Resolution for Amendment to Implementation Agreement
Attachment I - Rancho Santa Margarita Acknowledgement Letter
Attachment J - Valuation Analysis
Attachment K - Real Estate Conveyance Questionnaire
Attachment L - Real Estate Acquisition Questionnaire
Attachment M - Government Code Section 25365