1995-0912_ORANGE ,COUNTY OF_G1b_Item Minutes0 0
ADMINISTRATIVE ITEMS
CITY MANAGER
1. RATIFICATION OF A MEMORANDUM OF UNDERSTANDING WITH THE
COUNTY OF ORANGE REGARDING THE PRIMA DE HE HA LANDFILL
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Written Communication:
Report dated September 19, 1995, from the City Manager, recommending that the proposed
Memorandum of Understanding be approved between the City and the County regarding the
Prima Deshecha Landfill. The following are provisions contained in the MOU:
(1) The County will initiate the process with the City to gain General Plan compliance for
the landfill itself.
(2) The County must begin construction of the Antonio Parkway extension between Oso
Parkway and Ortega Highway by December 31, 1996, for completion by May 31,
1999.
(3) Antonio Parkway shall not be constructed as a toll road to encourage its use.
(4) Importation of trash will be prohibited until January 1997 and may not exceed 2,000
tons per day prior to completion of the Antonio Parkway extension.
(5) If Antonio Parkway extension is not completed within the stipulated time frame, the
County agrees to stop all importation to Prima Deshecha.
(6) The City's ridgelines shall be protected and no activity or material will be allowed to
"silhouette" above major ridgelines.
(7) The County will construct earthen berms to buffer noise to residences located near the
landfill.
(8) The County will establish a plan for financing the construction of a park over the
landfill once closed.
(9) The County will pay the City $.81 for each ton of imported trash deposited in the
landfill. The fee is mitigation for landfill access only, not compensation for acceptance
of solid waste. The money can be used to fund increased traffic enforcement along
Ortega Highway, additional hours of commercial vehicle enforcement and to fund
road and signalization improvements to Ortega Highway.
(10) The County will limit the total tonnage for all trash to 4,000 tons per day for the life
of the landfill.
City Council Minutes -8- 9/19/95
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(11) Any out -of -county waste haulers using Prima Deshecha landfill must use a haul route
approved mutually by the County and the City.
(12) Any imported solid waste must be brought in transfer trailer vehicles.
Mayor Nash explained how the City Council arrived at its decision to enter into an agreement
with the County regarding importation, despite the City's past strong opposition to the
County's proposal to do so. She advised that the City still opposed importation; however, the
Council felt that through negotiation with the County the City had achieved some beneficial
concessions. She advised that the City's main concern had always been with the amount of
increased traffic on Ortega Highway that would result from the importation of trash.
Although the City was not successful in defeating SB 17xx, which would have allowed County
importation of trash into the City's landfill without requiring an Environmental Impact Report,
the bill that was passed included a clause that would restrict the amount of trash coming into
the landfill and require the County to bring their operating permit into compliance with the
City's regulations before importation could begin. The restriction was added because the
County had never obtained an approved General Plan Amendment from the City. She noted
that the Prima Deshecha landfill was the largest west of the Mississippi and the Council felt
that realistically the County would eventually be able to import trash despite litigation. To
decrease the amount of trash truck traffic, primarily from San Diego County, alternatives
were studied, including extending La Para through San Clemente, extending Antonio Parkway
from its current terminus at Oso Parkway to Ortega Highway, which connects to La Pata and
the landfill. However, it became clear that the majority of traffic impacts to Ortega Highway
were from sand, gravel, and cement trucks travelling west on Ortega Highway, which would
not be rerouted off Ortega through a plan to reduce the number of trash trucks. Therefore,
in order to reduce the number of other kinds of trucks, the County agreed to construct
Antonio Parkway, which would remove approximately 6,000 vehicle per day, as a mitigation
measure for impacts from importation. In exchange, the City would permit a maximum of
2,000 tons per day starting January, 1997, to be imported to the landfill, which is half the
tonnage originally proposed for importation. Completion of Antonio Parkway was expected
by 1999, which meant approximately additional 100 trucks per day would use Ortega
Highway for 2 years. She reiterated that this was the main reason the City Council began to
work with the County on an agreement. She stated that most of the construction trucks on
Ortega Highway were travelling to Rancho Santa Margarita and the ability to use Antonio
Parkway would alleviate traffic on Ortega Highway through the City. Additional benefits the
City received included delaying importation until 1997, berming on La Pata to mitigate
impacts to nearby residences, compliance with the City's General Plan, protection of the City's
ridgelines, and an 81 ¢ per ton fee on imported trash to cover road improvements on Ortega
Highway.
With the aid of an overhead projector, Mr. Scarborough gave a presentation showing the
advantages and disadvantages of the proposed Agreement with the County, noting that in
many instances, litigation by the City might have resulted in the same outcome. He noted that
the City intended to work with the County on the design of the berming, which would be
brought back to the Council for review and approval.
City Council Minutes -9- 9/19/95
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Public Comments:
(1) Bonnie Holt, #1 Strawberry Lane, expressed appreciation to the City for their efforts
in negotiating with the County. She inquired whether trash importation could be
delayed until Antonio Parkway was completed, how trash trucks could be monitored
to ensure they use Antonio Parkway, whether Avenida Pico could be extended to La
Pata and whether fees received for imported trash would be placed in a special
maintenance fund for Ortega Highway to ensure that the funds are not allocated for
another use. She concurred with the proposed berming and felt that additional
berming was needed for other neighborhoods along Ortega Highway. She read a
letter submitted by Larry H. Parker to Leonard Popejoy, CEO for the County,
regarding the dangerous conditions from increased traffic from trash trucks passing
by residential neighborhoods.
Mr. Scarborough explained that trucks importing trash from San Diego County will need to
access the landfill via Ortega Highway; however, construction and trash trucks traveling
southbound will be substantially diverted from Ortega Highway once Antonio Parkway was
completed. He noted that the County's Environmental Impact Report does not relate to trash
importation; however, the proposed Agreement will require that the County prepare an
Environmental Impact Report for a General Plan Amendment process in the City. He
indicated that he would contact Ms. Holt to discuss her concerns regarding use of the funds
for improvements to Ortega Highway and that staff would provide the Council with a detailed
analysis of use of those funds.
Council Member Jones stated that delaying the importation of trash until 1999 had been a
critical point in the City's negotiations with the County. However, the County had
emphasized the need to begin trash importation in 1997 due to financial issues related to their
bankruptcy status. He noted that other landfills in the County will begin receiving imported
trash in 1996.
(2) Warren Michaelis, 28471 Via Ordaz, concurred with the comments made by
Ms. Holt. He felt that the ongoing deterioration of Ortega Highway and safety
concerns needed to be further addressed and expressed concern that funds realized
from importation be used for Ortega Highway improvements.
(3) Barry Todd Miller, 10 Strawberry Lane, felt that the current loading conditions at the
Ortega Highway off -ramps were dangerous and illegal and preferred that the City
continue to strongly oppose the importation of trash.
(4) Ethel Tregarthen, 27625 Summerfield, expressed appreciation to the City Council for
its efforts in this matter. However, she expressed concern that the completion of
Antonio Parkway would encourage additional traffic onto Ortega Highway, noting
the existing gridlock at Rancho Viejo Road and Ortega Highway. She expressed
concern that the agreements made here would be continued through subsequent
Council terms.
City Council Minutes -10- 9/19/95
Mayor Nash stated that the proposed Agreement is a Memorandum of Understanding, which
requires both parties to agree to any modifications. Therefore, future City Councils would
not be able to overturn the conditions of the Agreement. Council Member Jones felt that
when the freeway is widened and the offramp is completed, many of the existing traffic
problems at Rancho Viejo Road and Ortega Highway will be alleviated. Council Member
Swerdlin noted that the County's bankruptcy situation politically forced the issue of trash
importation to the front to provide income. However, he felt that the proposed Agreement
would mitigate many of the City's concerns and would serve the City's best interests in the
long term. Council Member Jones concurred and stated that although he has always
adamantly opposed trash importation, he ultimately felt the proposed Agreement was in the
best interest of residents.
Council Member Campbell strongly believed that the City would benefit from the completion
of Antonio Parkway. However, she indicated that she had problems with the agreement and
would have held out longer and her vote would indicate that. She felt the proposed
Agreement did not go far enough in ensuring: 1) the construction of the berms as high as the
City wants them, 2) covering up of trucks to prevent debris from spilling out, particularly
along La Pata, 3) a financial guarantee for funds to be received by the City, which caused
concerns about maintaining taw enforcement on, and maintenance of, Ortega Highway; and
4) while there is a provision that importation will stop in 1999 if Antonio Parkway is not
completed, there is no limitation on the number of trucks that can come from Orange County.
Council Member Hart indicated he would personally be seriously impacted by this proposal
and has been opposed to trash importation. However, he felt that the City would have been
unable to win a legal battle against the County in this matter and felt it was unconscionable
to spend taxpayers' money on a lawsuit. He noted that the City fought hard to get the bill
passed that would prohibit trash importation into the City's landfill. However, with the
proposed Agreement, he felt that the City and its citizens would get the most benefit in the
most expedient manner.
Ratification of Memorandum of Understanding with the County:
It was moved by Council Member Jones, seconded by Council Member Hart, that the
Memorandum of Understanding between the City of San Juan Capistrano and the County of
Orange regarding the Prima Deshecha Landfill be approved. The Mayor was authorized to
execute the MOU on behalf of the City. The motion carried by a 4-1 roll call vote, with
Council Member Campbell voting in opposition.
PUBLIC HEARINGS
1. DISAPPROVAL OF DRAFT ORANGE COUNTY INTEGRATED WASTE
MANAGEMENT PLAN (810.70)
Proposal:
Consideration of the draft County -wide Integrated Waste Management Plan (CIWMP) in
accordance with the California Integrated Waste Management Act of 1989. The CIWMP
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