18-1016_ORANGE, COUNTY OF_F2a 10/16/2018
,L ` . F2a
City of San Juan Capistrano
Agenda Report
TO: Honorable Mayor and Members of the City Council
FROM: Z!%;njamin Siegel, City Manager
PREPARED BY: Charlie View, Project Manage
DATE: October 16, 2018
SUBJECT: Cooperative Agreement between the City of San Juan Capistrano
and the County of Orange Regarding the Prima Deshecha Landfill
RECOMMENDATION:
Approve and authorize the City Manager to execute the Cooperative Agreement,
substantially in form attached, with the County of Orange regarding the Prima Deshecha
Landfill.
EXECUTIVE SUMMARY
The County of Orange owns and operates the Prima Deshecha Landfill ("Landfill"), one
of three landfills in the countywide system. An aerial map is provided as Attachment 1.
The County is seeking approval from the State of California to extend the use of the
Landfill's Zone 1 (within San Juan Capistrano) beyond its currently permitted term of
December 2019 to approximately 2050, and the Landfill's Zone 4 (outside of San Juan
Capistrano)from 2067 to 2102. The purpose of the extension is to reflect actual remaining
capacity at the Landfill, which is far greater than originally anticipated due to successful
recycling and conservation efforts. However, extending Landfill operations also delays
the future obligation of the County to construct a regional park at the site. To mitigate the
impact of the delayed closure, the City and County have been in negotiations for over a
year on an agreement that would provide financial consideration to the City and
consolidate various historical agreements governing the Landfill. The culmination of
those efforts is the proposed Cooperative Agreement, which would provide the City with
one-time and ongoing funding in exchange for the City's support of the extension of this
regional facility (Attachment 2).
City Council Agenda Report
October 16, 2018
Page 2 of 4
DISCUSSION/ANALYSIS:
The Landfill spans portions of unincorporated Orange County, the City of San Juan
Capistrano and the City of San Clemente, and is separated into five zones. Zone 1 is
located within San Juan Capistrano city limits and is currently receiving waste under the
Landfill's Solid Waste Facility Permit ("SWFP"); Zones 2 and 3 are for open space and
habitat restoration; Zone 4 is designated for future landfill operations including
conventional waste disposal and possible organic waste processing; and, Zone 5
accommodates the Avenida La Pata extension project, which was completed in August
2016.
The County is seeking to revise its SWFP to extend the use of Zone 1 beyond its currently
permitted term of December 2019 to approximately 2050, and Zone 4 from 2067 to 2102,
to more accurately reflect when the two Landfill zones will reach their ultimate design
capacity. Through the success of recycling efforts and with the advancement of additional
recycling initiatives to meet the statewide goal to improve waste reduction, recovery, and
greenhouse gas emissions, the County has determined that the Landfill has significant
available disposal capacity. In addition, under a separate future project, the County may
request State approval to allow the simultaneous operation of Zones 1 and 4, which would
reduce impacts on surrounding communities. Amending the SWFP at the Landfill would
help ensure sufficient long-term waste disposal capacity for the region and provide a
stable rate structure for cities, including San Juan Capistrano. Importantly, the proposed
SWFP revision would not increase the permitted daily ton disposal limit at the Landfill.
The City previously considered activities undertaken at the Landfill through a 1995
Memorandum of Understanding (MOU) and Conditional Use Permit (CUP) 95-04 (with
subsequent modifications). The Planning Commission Resolutions approving CUP 95-
04 and later modifications established various conditions of approval for the Landfill. The
Planning Commission Resolutions and MOU are provided as Attachments 3 and 4 for
reference. The proposed Cooperative Agreement is intended to replace the existing MOU
approved in 1995, CUP 95-04 and all subsequent amendments governing the Landfill.
The use of a single Cooperative Agreement is consistent with the County's practices with
the other two host cities (Irvine and Brea) and is supported by State Land Use Law.
The extended use of Zone 1 from 2019 to 2050 would delay the City receiving the benefits
of a County regional park. In recognition of the delay in park development and impacts of
ongoing landfill activities, under the Cooperative Agreement the County would provide
the City with an Equity Payment of$6,000,000, paid in two installments, and a guaranteed
annual host fee payment of$800,000 for ten years, with an additional five years if the City
agrees to extend the Waste Disposal Agreement in 2025. The host fee is the per ton
amount paid to the City for disposal of waste at the Landfill. Currently, the annual host
fee payment to the City is approximately $700,000. These funds could be expended at
the discretion of the City Council, and potential uses could include, but are not limited to,
City Council Agenda Report
October 16, 2018
Page 3 of 4
street rehabilitation, park facility improvements, etc. Additionally, as part of the
Cooperative Agreement, the City acknowledges recent legislation related to organic
waste diversion, and agrees to cooperate with the County on a potential future proposal
that could include development of an organics recycling facility at the Landfill, subject to
the appropriate environmental review and any necessary mitigation of impacts associated
with a facility.
The scope of the SWFP revision does not modify the closure plan for the Landfill that
calls for the eventual development of recreation facilities at the site that include a County-
operated regional park. The Cooperative Agreement does not require the City to revise
its current General Plan Land Use Designation of the Landfill as a Regional Park. In
addition, Landfill operations would continue to be monitored for compliance with
applicable regulations through the State and the Local Enforcement Agency (i.e., the
Orange County Health Department).
Importantly, the proposed revision does not change the maximum daily disposal limit,
increase the overall capacity of the Landfill or create additional trips to and from the
Landfill. Given the limited scope of the revision to the SWFP, the County has determined
that appropriate environmental documentation for the SWFP revision is an Addendum to
Final EIR No. 575 and Final Supplemental EIR No. 597.
Pending City Council approval of the recommended action, the County Board of
Supervisors is scheduled to consider the Cooperative Agreement at its meeting on
October 30, 2018.
FISCAL IMPACT:
Under the proposed Cooperative Agreement, the City would receive an Equity Payment
of $6,000,000 in two installments, and the County would guarantee a minimum annual
payment of $800,000 for the per ton host fee currently received by the City. The
guaranteed annual host fee would be paid for fifteen years, with the last five years
contingent on the City's approval of a new Waste Disposal Agreement in 2025. In Fiscal
Year 2017-18, the City received $710,000 in landfill host fees.
ENVIRONMENTAL IMPACT:
In accordance with the California Environmental Quality Act (CEQA), the recommended
action is exempt from CEQA under State CEQA Guidelines section 15061(b)(3), the
general rule that CEQA applies only to activities that would have the potential for causing
a significant effect on the environment. Where it can be seen with certainty that there is
no possibility that the activity in question may have a significant effect on the environment,
the activity is not subject to CEQA. Entering into a Cooperative Agreement with the
County of Orange would not be an activity with potential to cause significant effect on the
environment, and is therefore exempt from CEQA. Further, entering into the Cooperative
City Council Agenda Report
October 16, 2018
Page 4 of 4 _
Agreement providing financial compensation to the City, in and of itself, is not a project
under CEQA and consists of the creation of a government funding mechanism or
government fiscal activity that does not involve any commitment to any specific project
which may result in a potentially significant physical impact on the environment under
State CEQA Guidelines section 15378(b)(4). Any future projects (as defined by CEQA)
undertaken by the City with funds available as a result of the Cooperative Agreement will
be reviewed as required at the appropriate time.
PRIOR CITY COUNCIL REVIEW:
• On September 19, 1995, the City Council approved a Memorandum of
Understanding with the County of Orange regarding the Prima Deshecha Landfill.
• On December 5, 1995, the City Council approved Conditional Use Permit 95-04
for the Prima Deshecha Landfill and Landfill Related Uses.
• On January 2, 1996, the City Council approved the First Amendment to the Prima
Deshecha Landfill Memorandum of Understanding.
• On April 19, 2016, the City Council Approved the Second Amendment to the Prima
Deshecha Landfill Memorandum of Understanding.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
Not applicable.
NOTIFICATIONS:
Frank Kim, Orange County Executive Officer
Tom Koutroulis, Orange County Waste and Recycling
Dean Ruffridge, CR&R
ATTACHMENTS:
Attachment 1 —Aerial Photo
Attachment 2 — DRAFT 2018 Cooperative Agreement
Attachment 3 — Resolution Approving Conditional Use Permit 95-4 and Subsequent
Modification Resolutions
Attachment 4 — 1995 Memorandum of Understanding and Subsequent Amendments
DRAFT
COOPERATIVE AGREEMENT BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
AND
THE COUNTY OF ORANGE
REGARDING THE PRIMA DESHECHA LANDFILL
THIS COOPERATIVE AGREEMENT ("Agreement") is entered into on this day
of , 2018 by and between the City of San Juan Capistrano ("City") and the
County of Orange ("County"), through their respective legislative bodies. The City and County
may be herein referred to individually as a"Party" or collectively as the"Parties."
The Prima Deshecha Landfill ("Landfill") is a Class III municipal solid waste landfill own by the
County and operated by OC Waste & Recycling ("OCWR"). The Landfill site spans portions of
unincorporated Orange County, the City of San Juan Capistrano, and the City of San Clemente.
The Landfill is separated into five "Zones". Zone 1 is located within San Juan Capistrano city
limits and is currently receiving waste under the Landfill's Solid Waste Facility Permit
("SWFP"), Zones 2 and 3 are for open space, recreational trails and habitat restoration. Zone 4 is
currently undeveloped but reserved for landfilling operations. Zone 5 is for the La Pata Avenue
extension project, which was completed through the landfill property in August 2016.
On November 6, 2001, the Orange County Board of Supervisors approved Final EIR No. 575
(State Clearinghouse #199041035) for the implementation of the Prima Deshecha General
Development Plan ("GDP"). Thereafter, on June 19, 2007, the Orange County Board of
Supervisors approved Final Supplemental EIR No. 597 for the Second Amendment to the Prima
Deshecha General Development Plan (State Clearinghouse #199041035). The GDP includes a
landfill element and established a landfill design capacity and estimated that Zone 1 would reach
its design capacity in 2019 based on inflow rate assumptions of up to 4,000 tons per day.
However, due to success of state and countywide recycling efforts and with the advancement of
additional recycling initiatives to meet the statewide goal to improve waste reduction, recovery,
and greenhouse gas emissions, actual inflow rates at the Landfill have been considerably less
than estimated as a result, Zone 1 has significant remaining capacity and is not expected to reach
capacity until approximately 2050.
In light of the remaining capacity in Zone 1, the County is seeking to revise the estimated landfill
closure dates previously included in Final EIR No. 575 and Final Supplemental EIR No. 597
from 2019 to the current estimate of 2050 for the Zone 1 landfill development area and from
2067 to the current estimate of 2102 for the future Zone 4 landfill development area and revise
the Landfill's SWFP so they more accurately reflect current estimates of when the two landfill
development zones will reach their design capacity.
Maximizing the total volume capacity at the Landfill ensures sufficient long term disposal
capacity for Orange County and provides a stable rate structure for the cities and special districts
within the county for future generations. Addendum No. 6 to Final EIR 575 and Addendum No.
2 to Final Supplemental EIR 597 and the accompanying SWFP revision will not result in
increases in the permitted daily tonnage disposal limit, nor expand the Physical Key Design
ATTACHMENT 2
Parameters of the Landfill which are already authorized under the Landfill's General
Development Plan and SWFP for purposes of landfill disposal operations.
The Parties intend that this Agreement shall be the sole document that comprises the Parties
understanding regarding rights and responsibilities associated with Landfill operations.
Execution of this Agreement shall ultimately result in: (1) The termination of prior agreements
and understandings of the Parties regarding the Landfill as provided in documents such as the
1995 Memorandum of Understanding ("MOU") between City and County and its amendments;
(2) Initiation of required actions by City to rescind the Conditional Use Permit ("CUP") as
provided in City Resolution 95-12-5-1 and its subsequent amendments; (3) The restatement, in
one document, the duties and procedures required to be followed by County to reasonably
mitigate the impacts on City caused by operations at the Landfill; (4) The identification of City
obligations regarding cooperation with County in its efforts to comply with existing and
anticipated legislation and regulation related to landfill operations; and (5) addressing other
financial matters of mutual concern required to fully mitigate the impacts associated with
continuation of landfill operations through build-out of the Landfill.
Although the potential environmental impacts identified for the Landfill have been substantially
avoided or mitigated through the identification and adoption of Project Design Features and
Mitigation Measures (as more specifically described in the Statement of Findings of Fact
approved for the Project), this Agreement is an appropriate means to address additional interests
of the Parties beyond the requirements of the California Environmental Quality Act("CEQA").
This Agreement shall take effect on the date it is executed by both Parties and shall terminate on
the Closure Date of the Landfill unless otherwise terminated as provided in Section M.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
A. Definitions
1. Closure Date: The date upon which the Landfill has met the approved fill design as
depicted in the General Development Plan for the Prima Deshecha Landfill and has
met the requirements found in 40 Code of Federal Regulation (CFR), Part 258,
Subpart F.
2- Disposed Municipal Landfill Waste: Amount of non-exempt waste that is ultimately
disposed of and buried at the Landfill. Tonnage in this category is tracked and
calculated in connection with City's Host Fee as provided in Section G.
3. Diverted Material (also referred to as "Exempt Waste"): Material that is accepted at
the Landfill and not intended for disposal at the Landfill. Examples of diverted
material include but are not limited to ... soil, crushed asphalt, road base, material
recovery facility fines, processed green material, food waste, source separate
organics and other materials that can be beneficially used onsite or processed.
4. Host Fee: An annual amount paid to City for Disposed Municipal Landfill Waste
excluding City generated waste.
5. Landfill: The Prima Deshecha Landfill located at 32250 Avenida La Pata, San Juan
Capistrano, CA 92675.
6. Physical_Key Design Parameters: The approved landfill design as provided in the
General Development Plan for the Prima Deshecha Landfill and its amendments,
which identify the Landfill's permitted area, design capacity, max elevation,
maximum disturbance limits and waste depth.
7. Project: Landfill operations through build-out as anticipated and analyzed in Final
Environmental Impact Report No. 575 for the Prima Deshecha General Development
Plan, certified by the Orange County Board of Supervisors on November 6, 2001,
and Final Supplemental Environmental Impact Report No. 597 for the Second
Amendment to the Prima Deshecha General Development Plan, certified by the
Orange County Board of Supervisors on June 19, 2007, and SWFP 30-AB-0019,
Addendum No. 6 to Final EIR No. 575/Addendum No.2 to Final Supplemental EIR
No. 597, dated September 27, 2018, and any future environmental documentation for
revised closure dates for Zone 1 and Zone 4 and the corresponding revision to SWFP
30-AB-0019 through build-out.
8,
Mitigation Measures: All County actions taken to mitigate impacts caused by
operations at the Landfill including but not limited to efforts taken pursuant to
applicable EIRs, past agreements and payment of host fees and equity payments as
provided this Agreement.
B. Public Health and Safety
County agrees it is responsible for the proper operation, maintenance, and monitoring of the
Landfill. Landfill operations shall be enforced to ensure public health and safety are protected.
County agrees to the following conditions which are provided to achieve the continued
environmentally safe operation of the Landfill.
1. Adherence to State Standards
The Landfill will continue to be operated in conformity with State regulations for a
Class III landfill as contained in the applicable Chapters and Sections of the
California Code of Regulations ("CCR"), Title 14, Title 23 and Title 27, and will be
subject to regulatory enforcement actions, fines and/or other sanctions in the event of
nonconformity. Strict adherence to applicable regulatory standards is the legal
responsibility of the Landfill operating entity.
2 Surface and Groundwater Quality
a. Desiltation basins, surface water quality sampling, and hazardous and toxic
materials management procedures will be established and maintained to reduce
nonpoint source pollution discharges to "the maximum extent practicable." All
applicable "Best Management Practices" shall continue to be implemented at the
Landfill.
b. All Surface and Groundwater Hydrology and Water Quality Mitigation Measures
per Prima Final EIR 575 and Supplemental EIR 579 shall be followed.
c. The County shall meet all applicable National Pollutant Discharge Elimination
System standards.
3. Methane Collection, Migration and Control Systems
a. Activities at the Landfill shall be conducted under and in compliance with both:
(i) South Coast Air Quality Management District ("SCAQMD") Rule 1150.1; and
(ii) the regulations in CCR Titles 14, 23, and 27.
b. The County will monitor and maintain the peripheral monitoring probes as
required by the Local Enforcement Agency ("LEA") and SCAQMD to detect
lateral gas migration.
c. The County will monitor and maintain a gas collection system per requirements
set forward by SCAQMD and the California Department of Resources Recycling
and Recovery("CalRecycle").
4. Hazardous Waste Exclusion
a. The County will continue operating a load check program as identified in CCR
Titles 14, 23, and 27.
b. Hazardous materials removed shall be stored in compliance with State
requirements.
c. County shall defend, indemnify and hold the City harmless regarding hazardous
materials cleanup to the extent permissible by the Comprehensive Environmental
Response, Compensation, and Liability Act ("CERCLA"). This indemnity is
intended to operate as an agreement pursuant to § 107(e) of CERCLA, 42 U.S.0
§9607(e), and California Health and Safety Code § 25364, to defend, protect, hold
harmless and indemnify City from all forms of liability under CERCLA, RCRA,
other statutes or common law from any and all matters addressed in this
subsection, and shall be limited to the extent of City's liability. This provision
shall survive the expiration of the Agreement.
5. Hazardous Material Training
a. The County will ensure that operating personnel are trained in accordance with
CCR Title 8, section 5192(e)(3) or as otherwise required by law.
C. O ererating_Procedures
County will manage Landfill operations in compliance with all applicable law and regulation and
will use Best Management Practices ("BMPs") including:
1. Operational Hours: County will comply with operating hours as set in the Landfill's
Solid Waste Facility Permit;
2 Waste Disposal: Disposal of waste from the general public at the Landfill will be
limited to Orange County residents. Proof of residency or a Waste Disposal
Agreement is required for use of the Landfill. Out-of-County waste will only be
accepted from commercial haulers that have an importation agreement with the
County.
3. Odor and Dust Control: The County will employ BMPs to minimize the impact of
the Landfill caused by odor and dust.
4 Visibility and Landscaping: The County will employ operational practices which
will minimize the visual impact of the existing Landfill. Such practices may include,
use of berms and accelerated front face phasing plans, and strategically placed
landscape material.
5. Closure and Post Closure: County will comply with all applicable Federal and State
standards associated the closure and post closure of the Landfill upon reaching the
approved fill design as depicted in the General Development Plan for the Prima
Deshecha Landfill including but not limited to 40 CFR, Part 258, Subpart F.
D. Access
1. The designated access route for all waste hauling vehicles traveling to the Landfill
through City will be from Interstate 5, via State Highway 74 (Ortega Highway) and
Avenida La Pata unless otherwise modified by mutual agreement of the Parties.
2. The County shall prepare and have ready for periodic distribution a statement
indicating the designated access route. These are to be periodically handed to each
incoming hauler and shall include a map clearly designating the approved access
routes.
E. Road Rehabilitation and Maintenance
The County's responsibility for road rehabilitation and maintenance is satisfied by Section G of
this Agreement. The County has no other obligation.
F. Limitation on Volume
1. The Landfill operation will be limited to a maximum daily tonnage as specified in
the SWFP of Disposed Municipal Landfill Waste.
2. The County will continue its existing practice of monitoring daily tonnages using
real time data collected at the fee booths at the Landfill. If the daily tonnage
approaches the permitted daily tonnage limit as specified in the SWFP waste will be
diverted to other landfills within the County's landfill system.
G. Financial Agreement
To compensate City for costs or impacts incurred by City which might be associated with the
Landfill, and not already substantially avoided or mitigated through the identification and
adoption of Project Design Feature and Mitigation Measures (as more specifically described in
the Statement of Findings of Fact found in EIR 575 and EIR 597), County agrees to the
following compensation to the City:
1. Initial Equity Payment: Within 60 days of execution of this Agreement County
agrees to pay City three million dollars ($3,000,000) in funds appropriate for
distribution to the general fund of the City as general mitigation for Landfill impacts.
2. Final Equity Payment: County agrees to pay City three million dollars ($3,000,000)
in funds appropriate for distribution to the general fund of City as general mitigation
for Landfill impacts after the LEA issues the revised SWFP reflecting updated
estimated closure dates for Zone 1 and Zone 4. The amount will be paid within 60
days of the SWFP becoming final. (Note: SWFP shall become final once the Statute
of Limitations has run on the right to challenge or appeal the LEA's issuance of the
revised SWFP.)
3. Host Fee Minimum Guarantee: County agrees to continue Host Fee payments to
City, and commits to pay the greater of either an annual minimum payment of eight
hundred thousand dollars ($800,000) for ten years on a quarterly basis or $1.50 per
ton of Disposed Municipal Landfill Waste, paid in arrears.
4. Host Fee Minimum Guarantee Extension_: As consideration for City's renewal of its
Waste Disposal Agreement (WDA) with the County, which is set to expire in 2025,
County agrees to extend its Host Fee payment of eight hundred thousand dollars
($800,000) for and additional five years, as described above.
H. City Obligations
As consideration for the mutual rights and obligations set forth in this Agreement, City agrees to
the following terms:
I. City agrees to cooperate and support County's effort to revise the estimated landfill
closure dates previously included in Final EIR No. 575 and Final Supplemental EIR
No. 597 from 2019 to 2050 for the Zone 1 landfill development area and from 2067
to 2102 for the future Zone 4 landfill development area, as reflected in Addendum
No. 6 to Final EIR 575 and Addendum No. 2 to Final Supplemental EIR 597 and all
future revisions to the closure dates, and accompanying SWFP revisions so they more
accurately reflect current estimates of when the two landfill development zones will
reach their ultimate design capacity as reflected in the Physical Key Design
Parameters.
2. City agrees to cooperate and support County's anticipated effort to initiate concurrent
operations in Zone 1 and Zone 4 to further reduce landfill impacts on surrounding
communities, and City agrees to cooperate with County's anticipated effort to
separate the existing Material Recovery Facility ("MRF") tonnage from landfill
disposal tonnage.
3. City agrees to cooperate with other County initiated changes as long as the proposed
changes do not expand the Landfill's Physical Key Design Parameters or conflict
with this Agreement.
4. City agrees to cooperate and facilitate County's compliance with existing and future
landfill operating and permitting legal and regulatory requirements.
5. If the County is unable to perform a term of this Agreement as a result of either a
successful third party legal challenge or the County's inability to certify an
appropriate environmental document, then the Parties shall enter into good faith
negotiations regarding appropriate substitute performance and/or modification to the
provisions found in Section G of this Agreement.
6. City agrees to rescind all iterations of the 1995 Memorandum of Understanding
between City and County Regarding the Landfill and initiate any required actions
necessary to rescind all iterations of the Condition Use Permit (City Resolution 95-
12-5-1) for the Landfill.
7. The City acknowledges that in order for the County to assist all incorporated cities in
Orange County in meeting the organic waste diversion requirements as specified in
AB 1826, AB 1594 and SB 1383, and future legislation, County may develop
operations such as composting/mulching, single stream organics processing,
anaerobic digestion facilities, renewable energy facilities, or other alternative projects
at the Landfill. If the County proposes the development of these types of facilities at
the Landfill to comply with existing or new legislation, the City agrees to support the
County's efforts. The County will prepare mitigated negative declarations for these
types of facilities to demonstrate CEQA compliance, provided that the County is able
to mitigate all potentially significant environmental impacts associated with these
facilities to a less than significant level. If the development of these types of facilities
at the Landfill cannot be mitigated to a less than significant level, then the County
E
will prepare an Environmental Impact Report that includes necessary mitigation of
identified environmental impacts.
I. Status of City and Indemnification
1. The City and County desire to leave no doubt as to their respective roles, and that by
entering into this Agreement, City is not thereby becoming an"Arranger" as that term
is used in CERCLA § 107 (a)(3), and that it is the County, not the City, which is
"Arranging For" the disposal of waste in Landfill which may contain hazardous,
toxic, harmful or corrosive substances. County agrees to defend, indemnify and hold
the City harmless from any claims related to the disposal of hazardous, toxic, harmful
or corrosive substances at the Landfill, regardless of their source as set forth in
Section B(4)(c), unless negligently or intentionally disposed of at Landfill by City.
2. Without limiting County's obligations under Section B(4)(c), County agrees to
defend, indemnify and hold City, and its officers, employees and agents harmless for
all claims, injury, death or damage to property resulting solely from the acts or
omissions of the County, its officers, employees, agents for liability arising from any
activity of the County, its officers, employees, agents taken pursuant to the provisions
of this Agreement.
3. City agrees to defend, indemnify and hold County, and its officers, employees and
agents harmless for all claims, injury, death or damage to property resulting solely
from the acts or omissions of the City, its officers, employees, agents for liability
arising from any activity of the City, its officers, employees and agents taken
pursuant to the provisions of this Agreement.
4. If the City's negligence combines with the County's negligence to cause injury, the
Parties agree that liability will be apportioned as determined by a court of competent
jurisdiction. Neither Party shall request jury apportionment.
J. Pursuit of Alternative Waste Management Technologies
City agrees to cooperate with County efforts to research, monitor, and consider for
implementation at the Landfill the use of alternative waste management technologies to further
reduce the amount of waste required for disposal at the Landfill.
K. Enforcement/Reporting
1. The County will comply with all applicable Federal, State, and local laws and
regulations.
2. If the Landfill's ownership or operating responsibilities are transferred or assigned to
any other entity or agency, public or private, the County shall ensure that the
obligations identified in this Agreement will also be reassigned so that the terms and
conditions of this Agreement shall continue in full force and effect. County agrees to
provide 120 days' notice to City prior to any assignment.
3. City reserves the right to inspect the records of County and the right to audit and re-
compute any amounts deemed payable under this Agreement. Any such audit must
be at City expense and take place within thirty-six (36) months of the close of each of
the fiscal years. Any additional amount deem due to City must be paid within thirty
(30) days following written notice to County by City. This notice shall include a
copy of the audit report.
L. Termination of Memorandum of Understanding, Conditional Use Permit, and Their
Amendments; Complete Agreement;No Oral Modification
The Parties intend that this Agreement sets forth and contains the entire understanding and
agreement of the Parties related to operations of the Landfill and the Project. City will take all
necessary steps to terminate or rescind all previous landfill related agreements, City Resolutions,
Conditional Use Permits and understandings including but not limited to:
1. The September 12, 1995 Memorandum of Understanding (MOU) between the
County and the City, and all subsequent amendments.
2. The December 5, 1995 Conditional Use Permit (City Resolution 95-12-5-1) (CUP)
between the County and the City, and all subsequent amendments.
No oral statement shall in any manner modify the Agreement, and all changes to the Agreement
must be in writing and signed by both Parties.
M. Miscellaneous Provisions
1. Severability. If any term, provision, covenant, or condition of this Agreement is
ruled invalid, void, or unenforceable by a court of competent jurisdiction, this
Agreement shall nonetheless remain in full force and effect as to all remaining
terms, provisions, covenants, and conditions, to the extent allowable under the
California law.
2. Interpretation and Governing Law. This Agreement and any related dispute shall be
governed and interpreted in accordance with the laws of the State of California.
This Agreement shall be construed according to its plain language and fair and
common meaning to achieve the objectives and purposes of the Parties. The rule of
construction to the effect that ambiguities are to be resolved against the drafting
Party shall not be employed in interpreting this Agreement because all Parties have
been adequately represented by counsel.
3. Section Headings. All section headings and subheadings are inserted for
convenience only and shall not affect any construction or interpretation of this
Agreement.
4. Waiver. The failure of a Party to insist upon the strict performance of any of the
provisions of this Agreement by the other Party, or the failure of a Party to exercise
its rights upon the default of the other Party, shall not constitute a waiver of that
Party's right to demand and require, at any time, the other Party's strict compliance
with the terms of this Agreement.
5. Third-Party Beneficiaries. This Agreement is made and entered into for the sole
protection and benefit for the Parties and their successors and assigns. No other
person shall have any right of action based upon any provision of this Agreement.
6. Successors in Interest. The burdens of this Agreement shall be binding upon, and
the benefits of this Agreement shall inure to, all successors in interest to the Parties
to this Agreement.
7. Counterparts. This Agreement may be executed by the parties in counterparts,
which counterparts shall be construed together and shall have the same effect as if
all of the parties had executed the same instrument.
8. Jurisdiction and Venue. Any action at law or in equity arising under this
Agreement or brought by any Party for the purpose of enforcing, construing, or
determining the validity of any provision of this Agreement shall be filed and
tried in the Superior Court of the State of California, County of Orange. The
Parties waive all provisions of law providing for the filing, removal or change or
venue to any other court.
9. Authority to Execute. Any person or persons executing this Agreement on behalf
of the City or County warrants and represents that he/she has the authority to
execute this Agreement on behalf of his/her entity and to bind that entity to the
performance of its obligations pursuant to this Agreement.
10.Attorneys Fees. In the event of a dispute between City and County concerning
claims arising out of this Agreement, or in any action or proceeding brought to
enforce or interpret any provision of this Agreement, or where any provision
hereof is validly asserted as a defense, each Party shall bear its own attorney fees,
costs and expenses.
Notwithstanding the mutual indemnification obligations set forth in Section 1, in
the event of a third party CEQA challenge against County and City, County agrees
to jointly defend (with County's selected attorney) City and County CEQA
findings as long as the Parties interests are aligned and do not conflict. County
shall further indemnify and hold City harmless from any legal fees and costs
awarded to any plaintiff in a third party CEQA challenge where County defended
City under this subsection. City shall be responsible for City's CEQA defense
costs if County and City interests conflict.
11.Notice. All notices, demands, requests or approvals to be given under this
Agreement shall be given in writing and shall be deemed served when delivered
personally or on the third business day after deposit in the United States mail,
postage prepaid, first class mail, addressed as follows:
All notices, demands, requests or approvals to CITY shall be addressed to:
City of San Juan Capistrano
City Manager's Office
32400 Paseo Adelanto
San Juan Capistrano, California 92675
All notices, demands, requests or approvals to COUNTY shall be addressed
to:
Director, OC Waste &Recycling
300 N. Flower Street, Suite 400
Santa Ana, California 92703
12.Termination for Convenience. Either Party may terminate this agreement for
convenience upon 180 days' notice in writing of its intent to terminate the
Agreement. However, if County terminates prior to fulfilling its obligation to pay
the Guaranteed Host Fee as provided in Sections G(3) and G(4), County's
obligation shall survive termination of this Agreement.
SIGNATURE PAGE TO FOLLOW
m
COUNTY OF ORANGE
Date By
Thomas D. Koutroulis, Director,
OC Waste &Recycling
APPROVED AS TO FORM:
COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
Date By
Paul M. Albarian, Senior Deputy
CITY OF SAN JUAN CAPISTRANO
Date By
Benjamin Siegel, City Manager
APPROVED AS TO FORM:
GENERAL COUNSEL
CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA
Date By
Jeff Ballinger, City Attorney
ATTEST:
Date By
Maria Morris, City Clerk
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150
RESOLUTION NO. 95-12-5-1
APPROVING CONI2ITION, L USE PERMIT 95-4
(PRIMA PESHECRA ARADA LLANDEILLICOUNn OF ORAN�
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA,APPROVING CONDITIONAL USE PERMIT 95-4
FOR A LANDFILL USE AND LANDFILL-RELATED USES WITHIN THE
SOLID WASTE FACILITY ZONE DISTRICT FOR PORTIONS OF A 560-ACRE
PARCEL LOCATED AT THE SOUTHERN TERMINUS OF LA PATA AVENUE
(PRIMA DESHECHA CANADA LANDFILL/COUNTY OF ORANGE)
WHEREAS, the City Council, by Resolution 93-11-16-3 adopted unanimously on
November 16, 1993 initiated consideration of a General Plan Amendment with respect to Prima
Deshecha Cafiada Landfill and draft General Plan policies recommend establishing zoning ordinance
provisions to specifically regulate and manage solid waste landfills, and the draft Solid Waste Facility
Ordinance permits "landfills" and landfill-related uses only by conditional use permit; and,
WHEREAS, the County of Orange operates the Prima Deshecha Canada Landfill,
under a solid waste facilities permit(SWFP) for a Class III landfill issued by the Local Enforcement
Agency(LEA)with concurrence by the California Integrated Waste Management Board (CIWMB),
consisting of a 1520-acre solid waste landfill operation of which approximately 559.07 acres are
situated within the corporate limits of City of San Juan Capistrano and more precisely referred to as
Assessor's Parcel Numbers 124-081-22, -24, -26, and-27 and 124-140-42, -44, -46, -47, -48, -52,
-54, and-55; and,
WHEREAS, the proposed Conditional Use Permit has been processed pursuant to
Section 9-2.301, Development Review of the Land Use Code; and,
WHEREAS,the Environmental Administrator has reviewed the project pursuant to
Section 15061 of the California Environmental Quality Act(CEQA), has required preparation of an
environmental impact report pursuant to the City's Environmental Review Guidelines, and has
otherwise complied with all applicable provisions of the California Environmental Quality Act
(CEQA) ; and,
WHEREAS,the County of Orange has prepared Revised Draft Environmental Impact
} Report#548, Prima Deshecha Canada Landfill General Development Plan to evaluate the project,
which has been subject to a forty-five (45) day review period, and has prepared responses to
comments pursuant to the provisions of the California Environmental Quality Act(CEQA); and,
WHEREAS, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 15074 of the California Environmental Quality Act
(CEQA) and recommended that the City Council not certify Revised Environmental Impact Report
#548 pending revisions to address certain issues; and,
WHEREAS, the Planning Commission conducted duly noticed public hearings on
October 24 and November 14, 1995 pursuant to Section 9-2.313 of the Municipal Code to consider
public testimony on the proposed Conditional Use Permit.
ATTACHMENT 3
151
WHEREAS, the City Council conducted duly noticed public hearings on
November 21, 1995 and December 5, 1995 pursuant to Section 9-2.313 of the Municipal Code to
consider public testimony on the proposed Conditional Use Permit.
NOW,THEREFORE,BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby make the following findings:
1. The proposed Conditional Use Permit will be consistent with the draft policies
of General Plan Amendment 93-06 related to the Prima Deshecha Canada Landfill, specifically, the
Land Use Element, Transportation Element; Open Space and Conservation Element, and Public
Facilities Element; and,
2. The proposed Conditional Use Permit complies with all purpose and intent of
Title 9, Land Use Code of the Municipal Code; and,
3. The proposed Conditional Use Permit complies with and implements the
provisions of the Solid Waste Facilities Ordinance, a Code Amendment to Title 9, Land Use Code
of the Municipal Code.
BE IT FURTHER RESOLVED, that the City Council of the City of San Juan
Capistrano hereby approves the proposed Conditional Use Permit subject to the following conditions
of approval:
1. Unless otherwise apparent from the context, the term "Permittee" shall include
the County or Orange,applicant and any other person, corporation, or other entity making use of this
conditional use permit for operation of the Prima Deshecha Canada Landfill.
2. The permittee shall defend, indemnify and hold harmless the City, its agents,
officers, and employees from any claim, action, or proceeding against the City or its agents, officers,
or employees to attack, set aside, void or annul this permit approval, which action is brought within
the applicable time period of Government Code Section 65907 or other applicable time period. The
City shall promptly notify the permittee of any claim, action, or proceeding and the County shall be
responsible to fully defend the City against the same.
3. This approval will terminate upon completion of the approved fill design, as
depicted in the General Development Plan for Prima Deshecha Canada Landfill. However, the
permittee is authorized and required to continue environmental management facilities such as
operation of gas recovery and energy systems, for closure or post closure maintenance required by
all applicable federal, state and local agencies.
4. if any provision of this approval is challenged by the permittee and held or
declared to be invalid by a court of competent jurisdiction,this approval shall be subject to review
at which time the City may revoke, amend, or take no action on the conditional use permit.
5. The subject property shall be developed, maintained and operated in full
compliance with the conditions of approval and any law, statute, ordinance or other regulation
applicable to any development or activity on the subject property, including but not limited to those
permits issued by State agencies. Failure of the permittee to cease any development or activity not
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152
in full compliance shall be a violation of these conditions and subject to enforcement actions and
penalties as provided at law by State agencies or by the City .
6. Notice is hereby given that violation of this approval is a misdemeanor. The
City may, after conducting a public hearing, revoke or modify this permit based on findings that the
permittee has violated these conditions or conducted the landfill operation so as to be detrimental to
the public health, safety or welfare.
7. This grant allows the continued operation and expansion of a Class III landfill
together with certain ancillary and related activities, as enumerated herein, subject to the following
restrictions as to use.
a. The permittee shall not contract to receive, nor receive, and dispose
within the landfill area any hazardous waste or radioactive waste/material, exclusive of the household
hazardous waste collection center.
b. The permittee shall not extend any portion of the landfilling operation
above the plane or outside of the surface area of the fill design as established by the General
Development Plan, Prima Deshecha Landfill and the Memorandum of Understanding executed
between the City and the County. "Landfilling operation" refers to that portion of the subject
property in which waste is to be permanently placed and then buried under daily, interim and final
cover material.
C. With the exception of previously established on-site borrow areas, the
permittee shall excavate cover material only within the refuse disposal limits established by the
General Development Plan. This condition does not prohibit excavations outside those areas for the
purposes of constructing drainage structures or noise abatement devices; performing work necessary
to abate hazards to public or private property; or assuring slope stability.
d. The total quantity of solid waste not exceed a maximum of 4,000 tons
per day. In the event the County of Orange fails to comply with the provisions of the Memorandum
of Understanding,the County shall be limited to a maximum daily tonnage of two thousand(2,000)
tons per day.
The total quantity of solid waste originating within the County and
delivered to the landfill shall not exceed a maximum of 2,000 tons per day pursuant to the provisions
of the Memorandum of Understanding.
Total tonnage of solid waste shall include recycled waste processed and
put to a beneficial use on the landfill or separated or otherwise diverted from the waste stream and
exported from the landfill. However, total tonnage of solid waste shall not include imported soil to
cover and prepare interim and final fill slopes for planting.
e. The permittee shall cooperate with the City of San Juan Capistrano in
the attainment of the City's Source Reduction and Recycling Element waste diversion objectives.
f. The subject property may be used for the following accessory uses and
structures consistent with the General Development Plan:
•3-
153
1. Administrative offices and employee facilities associated with
the landfill and waste collection, handling and processing operations;
2. Facilities necessary for the collection, disposal, utilization and
distribution of landfill gases as required and/or approved by the South Coast Air Quality Management
District;
3. Structures, maintenance sheds, or storage lots for any
machinery and equipment used exclusively for the landfill operation; and
4. On-site waste diversion and recycling facilities.
g. The permittee shall open the landfill for receipt of solid waste only from
6:00 am. through 5:00 p.m.,Monday through Saturday, and the landfill shall be closed to the public
on Sunday. Landfill operations such as site preparation, the application of cover, and waste
processing shall only be conducted between the hours of 6:00 a.m. and 9:00 p.m., Monday through
Saturday. The Local Enforcement Agency may, subject to notification of the City, approve extended
hours of operation to respond to a State or Federally-declared emergency.
h. Mitigation berms shall be installed to minimize noise and screen truck
hauling operations as required by the Memorandum of Understanding Regarding the Prima Deshecha
Landfill(between the City of San Juan Capistrano and the County of Orange).
i. The permittee shall not conduct any grading within the limits of any
General Plan-designated major ridgeline for either landfilling nor parks and recreation purposes. The
permittee may construct trails consistent with the City's equestrian trail design guidelines along
General Plan-designated major ridgelines so designated by the City's Master Plan of Equestrian &
Recreation Trails. The permittee shall not construct any improvements on any General Plan-
designated major ridgeline or portion of the landfill site which would silhouette against the skyline
as viewed from valleys within the City of San Juan Capistrano.
8. To ensure reuse of the landfill site as a public regional park, the permittee shall
establish a financial plan, prepare a cost study, prepare a master park plan, and implement park
improvements:
a. Within one (1) year following approval of the General Development
Plan (GDP), the County of Orange shall conduct a cost study to determine the total capital cost to
implement the Conceptual Recreation Activities Plan and shall establish a financial plan
commensurate with the estimated capital improvement costs for the regional park and the phasing of
interim and ultimate park improvements.
b. Prior to the final closure of Waste Management Unit#1, the County
of Orange shall prepare a regional park master plan for that portion of the regional park situated
within the City of San Juan Capistrano. The regional park master plan shall be subject to review and
approval by both the County of Orange and the City of San Juan Capistrano for those portions of the
regional park situated within the respective jurisdictions. The County shall submit the proposed
regional park master plan to the City for review for consistency with the General Plan and Title 9,
Land Use Code.
-4-
1S4
C. Within one (1) year following certification of closure of Waste
Management Unit#1 by the Local Enforcement Agency (LEA) or approval of the regional park
master plan by the appropriate regulatory agencies,the County shall enter into a contract authorizing
construction of park improvements consistent with the adopted regional park master plan.
d. If the County of Orange wants to consider development of the
following types of uses, or other noise-generating uses, within the City of San Juan Capistrano, a
separate amendment still be subject to City review and approval:
1. skeet or trap or target shooting ranges.
2. motorized vehicle tracks(moto-cross; all terrain vehicles; go-
carts; and/or slick track racing; etc.)
3. radio-controlled aircraft.
9. The final landfill slopes shall be concurrently reclaimed and revegetated within
ninety(90)days of completion. If directed by the Local Enforcement Agency, a permittee shall install
a temporary vegetation cover on all slopes and other areas that are to remain inactive for a period
longer than ninety(90) days.
To the extent possible,revegetation shall blend with species indigenous to the
area and be drought tolerant and shall be capable of rapid establishment. Plant selection shall not
include exotic, invasive species as determined by the United States Fish and Wildlife Service
(USFWS) and the California Department of Fish and Game(CDFG).
10. The permittee shall utilize the most effective available technology and
methodology to eliminate fugitive dust emissions which may be a nuisance or hazard to adjacent
populated areas or cause significant damage to wildlife resources (coastal sage scrub habitat). In
addition,the permittee shall comply with dust control regulations approved by the Local Enforcement
Agency and the rules for dust abatement of the South Coast Air Quality Management District.
11. The permittee shall employ the most effective available technology and
methodology to prevent litter which enters the area under the permittee's control in the form of waste
from escaping the area. The permittee's on-site litter control program shall include,unless otherwise
provided by the Local Enforcement Agency,the following:
a. Landfill personnel shall patrol the access road to the scales during
operating hours and remove any landfill litter.
b. Landfill personnel shall notify local law enforcement agencies for the
inspection and issuance of citations for improperly covered or contained loads which may result in
a significant release of litter.
C. All debris found on or along the entrance and working face access
roads shall be immediately removed by landfill personnel.
d. The permittee shall install litter fences in the operating areas, as deemed
necessary by the Local Enforcement Agency to enforce the intent of this condition. The permittee
I
-5-
155
shall further actively investigate and implement methods to improve containment, including more
effective litter fencing.
12. The permittee shall post and/or maintain a sign at the entry gate which
indicates the following:
a. The name and telephone number where persons may contact the
permittee to register complaints regarding landfill operations on a twenty-four hour a day basis;
b. The name and telephone number of the Local Enforcement Agency;
and
C. The name and telephone number of the enforcement offices of the
South Coast Air Quality Management District.
13. The permittee shall implement and/or maintain a comprehensive waste load
checking program to exclude disposal of hazardous wastes and radioactive material at the landfill
which shall comply with the requirements of the Local Enforcement Agency,the State Environmental
Protection Agency and the Regional Water Quality Control Board.
The permittee shall post and maintain notices at prominent locations at the
landfill to inform waste haulers of the rules governing the disposal of hazardous waste and radioactive
materials.
In the event that known or suspected hazardous waste or radioactive material
is discovered at the landfill, the permittee's landfill operator shall:
a. obtain the driver's license number and vehicle license number, if the
vehicle that delivered the waste is still present;
b. immediately notify the Local Enforcement Agency, State
Environmental Protection Agency and the Regional Water Quality Control Board;
C. store the material at a site developed in accord with the regulations of
the State Environmental Protection Agency and the Regional Water Quality Control Board until
disposed of in accord with applicable State and Federal Regulations.
14. The permittee shall maintain and implement effective vector control measures
as directed by the Local Enforcement Agency.
15. The permittee shall install drainage structures and comply with all other
drainage requirements of the Regional Water Quality Control Board. All permanent drainage
structures,including sedimentation basins, shall be designed and constructed so as to accommodate
storm drainage runoff from the one-hundred (100) year storm. The landfill and drainage structures
shall in all cases be designed so as to cause surface water to be diverted away from disposal areas.
The permittee shall also comply with any applicable National Pollutant Discharge Elimination System
Permit requirements in effect at the time of the landfill expansion. --
-6-
156
16. The permittee shall install and test ground water monitoring wells as required
by the Regional Water Quality Control Board and shall promptly undertake any action directed by
the Regional Water Quality Control Board to correct or prevent contamination which may affect
ground water quality.
Any testing or remedial actions deemed necessary by the Regional Water
Quality Control Board to correct or prevent contamination or to determine the existence of any
contamination from the existing landfill operated by the permittee which in the opinion of the
Regional Water Quality Control Board should be completed or guaranteed before commencement
of the landfill expansion shall be completed or guaranteed by the permittee before commencement of
the landfill expansion to the satisfaction of the Regional Water Quality Control Board.
17. The permittee shall install and maintain containment (liner) systems and
leachate collection and removal systems as required and approved by the Regional Water Quality
Control Board or other responsible agency having jurisdiction over containment systems.
Containment shall equal or exceed the specifications set forth in the final environmental impact report
for the project.
18. The permittee shall maintain on-site fire response capabilities, construct access
roads, provide water tanks, water mains, fire hydrants and fire flows and perform brush clearance to
the satisfaction of the Orange County Fire Authority.
19. All on-site fuel storage tanks shall be installed, and necessary containment and
air quality controls provided by the permittee in accord with the requirements of the Orange County
Fire Authority, the Regional Water Quality Control Board, and the South Coast Air Quality
Management District.
20. The permittee shall implement and maintain all necessary measures to ensure
that noise emissions from the landfill comply within noise standards of the City of San Juan
Capistrano Noise Ordinance. Specifically, the permittee shall ensure that all landfill/construction
equipment is properly muffled and limit landfill operating hours as specified in other conditions of
approval.
21. Unless otherwise provided by the South Coast Air Quality Management
District, the permittee shall install and maintain a best available control technology landfill gas
collection system in compliance with the requirements of the South Coast Air Quality Management
District. The permittee shall also control the lateral migration of gases to the satisfaction of the Local
Enforcement Agency and the South Coast Air Quality Management District.
22, The permittee shall operate the landfill in a manner which conserves water,
including the use of reclaimed waste water to the extent feasible.
23. The permittee shall comply with applicable provisions of Sections 1601
through 1603 of the California Fish and Game Code prior to any alteration of drainage courses and
shall mitigate disturbed riparian habitat or wetlands to the satisfaction of the California Department
of Fish and Game (CDFG) and the U. S. Corps of Engineers (COE).
157
24. The Local Enforcement Agency shall have the authority to order the immediate
cessation of landfilling or other activities at the site if it determines that the health, safety and/or
welfare of residents may be jeopardized by such activities.
25. The permittee shall implement programs to identify and conserve any
significant archaeological and paleontological materials which may be present, as described in the
environmental impact report for the project. The recovery and conservation shall be supervised and
reported upon as set forth in the environmental impact report.
26. That portion of the landfill project site within the City of San Juan Capistrano
and outside the proposed landfilling/grading limits shall remain as natural open space and low-
intensity park and recreational use (i.e., hiking/riding trails, picnicking, bird watching, etc,) until
implementation of the park master plan, unless otherwise designated in the approved General
Development Plan.
27. The permittee shall implement and otherwise comply with all provisions of the
mitigation monitoring program established by Revised Draft Environmental Impact Report #548,
Prima Deshecha Canada Landfill General Development Plan.
28. Prior to issuance of a revised solid waste facility permit(SWFP)by the Local
Enforcement Agency (LEA) for the 1996 General Development Plan, the County of Orange shall
submit that Plan for Prima Deshecha Canada Landfill to the City for review and final approval, based
on consistency with the conditions of approval established herein, and the adopted Memorandum of _
Understanding between the County and the City.
29. Prior to issuance or approval of a revised solid waste facility permit(SWFP)
by the Local Enforcement Agency(LEA) for the 1996 General Development Plan, the County of
Orange shall submit a fill plan, including detailed cross-sections, to the City of San Juan Capistrano
for its review and approval. The fill plan shall be accompanied by a "geotechnical/soils report" which
demonstrates the feasibility of the proposed fill plan. The County shall be responsible for funding
third party geotechnical review of that "fill plan" and "geotechnical and soils report". Selection of
the third party geotechnical consultant shall be mutually agreed upon by the County and the City.
The report willinclude slope stability analysis and shall demonstrate compliance with professionally-
accepted standards established for both static and seismic conditions.
30. Prior to issuance or approval of a revised solid waste facility permit(SWFP)
by the Local Enforcement Agency(LEA), the County of Orange shall demonstrate compliance with
the funding requirements established by Title 14 and Title 23 with respect to financing landfill closure
and past-closure maintenance.
31. This conditional use permit including all conditions of approval shall be subject
to review and further action by the City of San Juan Capistrano in conjunction with review of the
1996 General Development Plan and one year prior to required State review of the Solid Waste
Facility Permit(ie. December 5, 1999;December 5, 2004; December 5, 2009; etc.). The City may
revoke, amend, or take no action on the conditional use permit.
32_ Beginning December 5, 1999, and every three (3) years thereafter (ie.
December 5, 2002, 2005, etc.), the County, in cooperation with the City of San Juan Capistrano,
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158
shall prepare and submit a traffic operations analysis to evaluate the following intersections on
Ortega Highway between La Pata Avenue and 1-5.
► Calle Entradero Via Cordova
► Via Cristal Avenida Siega
► Sundance Drive La Novia Avenue
► Rancho Viejo Road I-5 Northbound ramps
► [-5 Southbound ramps
Said study shall provide information on landfill traffic and delivered tonnage
and address access and egress delays, median storage, sight distance, signal warrant analysis, and
level of service (based on ICU/Intersection Capacity Utilization and HCM/Delay Method) apt the
above intersections subject to the satisfaction of the City Engineer. The level of service standard
shall be a minimum "D" as established by the City of San Juan Capistrano General Plan Growth
Management Element. The County of Orange shall be responsible for assuring construction of
any improvements required or recommended as a result of the traffic operations evaluation.
Actual funding may be provided by County of Orange Road Fee, California Department of
Transportation (Caltrans), and/or Orange County Transportation Authority (OCTA).
PASSED, APPROVED, AND ADOPTED this 5th-- _ day of
December , 1995.
CAROLYN NASH, MAYOR
ATTEST:
CITY CLERK 61
-9-
159
STATE OF CALIFORNIA )
COUNTY OF ORANGE } ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California,
DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No.
95-12-5-1 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 5th day of December , 1995, by the
following vote:
AYES: Council Members Jones, Hart, Swerdlin and Mayor Nash
NOES: None
ABSTAIN: None
ABSENT: Council Member Campbell
(SEAL)
CHERYL JD CN ITY CLERK
-10-
PC RESOLUTION NO. 01-7-24-2
MODIFICATION TO CONDITIONAL USE PERMIT 95-04
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN
JUAN CAPISTRANO RECOMMENDING APPROVAL OF A CONDITIONAL
USE PERMIT FOR A SOLID WASTE FACILITY WITHIN THE SOLID WASTE
FACILITY(SWF)ZONE DISTRICT FOR PORTIONS OF-A 560 ACRE PARCEL
LOCATED AT THE SOUTHERN TERMINUS OF LA PATA AVENUE AND
MORE PRECISELY REFERRED TO AS ASSESSORS PARCEL NUMBERS
124-081-22, 24, 26, &27 AND 124-140-42,44,46,47,48,52, 54, & 55(PRIMA
DESHECHA CANADA LANDFILL).
Whereas, the County of Orange has prepared 2001 General Development Plan
(GDP) for Prima Deshecha Canada Landfill which is subject to City review and approval of a
Conditional Use Permit(CUP) Modification by the City; and,
Whereas, the City has previously approved, with conditions, a conditional use
permit(CUP)to the County of Orange for the operation of the Prima Deshecha Canada Landfill
which operates under a solid waste facilities permit(SWFP)for a Class III landfill issued by the
California Integrated Waste Management Board (CIWMB), and consists of a 1520 acre site of
which 559 acres are situated within the corporate limits of City of San Juan Capistrano; and,
Whereas, Section 9-3.423.7 of Title 9, Land Use Code classifies that portion of
the landfill within the City of San Juan Capistrano as "SWF" (Solid Waste Facility) and
designates"solid waste landfills"as uses requiring a conditional use permit, and the County of
Orange has requested City approval of a modification to the Conditional Use Permit(CUP);and,
Whereas, the proposed Conditional Use Permit has been processed pursuant
to Section 9-2.301, Development Review of the Land Use Code; and,
Whereas, the Environmental Administrator has reviewed the proposed project
pursuant to Section 15061 of the California Environmental Quality Act(CEQA)Guidelines, and
has determined that the County of Orange is the Lead Agency and the City is a responsible
Agency under Section 15050 of the CEQA Guidelines, and the County of Orange has prepared
Draft Environmental Impact Report (EIR) #575 for the proposed project, and has otherwise
complied with all applicable provisions of the California Environmental Quality Act(CEQA);and,
Whereas,the Planning Commission conducted a duly-noticed public hearing on
May 8, 2001 pursuant to Section 9-2.313 of the Municipal Code, City Council Policy 5, and
Planning Department Policy 510 to consider public testimony on the proposed project and has
considered all relevant public comments.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the
City of San Juan Capistrano does hereby make the following findings:
1. The proposed Conditional Use Permit modification will be consistent with the goals and
policies of the General Plan,specifically,the Land Use Element,Transportation Element,
Open Space and Conservation Element, and Public Facilities Element; and,
PC Resolution 01-7-24-2 2 July 24, 2001_
2. The proposed Conditional Use Permit modification complies with the purpose and intent
and all applicable provisions of Title 9, Land Use Code of the Municipal Code; and,
3. The proposed Conditional Use Permit complies with and implements the provisions of
Section 9-3.423.7, Solid Waste Facilities(SWF)District of Title 9, Land Use Code of the
Municipal Code.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves the project subject to the
following conditions of approval:
1. The project shall continue to be subject to and shall comply with all conditions of
approval established by Planning Commission Resolution 99-6-22-1 adopted June 22,
1999, and incorporated herein by reference.
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall become
effective following expiration of the fifteen (15) day appeal period without filing of an appeal
application. The appeal period shall expire at 5:00 p.m., Wednesday, August 8, 2001. This
project approval shall be valid for a period of one year from the date of approval of this
resolution, and shall expire on Thursday, August 8, 2002 unless one of the following occur 1)
the issuance of a building permit for new construction (if said permit expires, approval of
conditional use permit shall become null and void); (2)the issuance of a certificate of use and
occupancy for the establishment of a conditional use in an existing structure; or (3) the
commencement of operation of the conditional use in cases where no construction or existing
structure is involved (e.g., resource extraction).
PASSED, APPROVED AND ADOPTED this 24th day of July, 2001, by the
following vote, to wit:
AYES: Commissioners Eggers, Proctor, Sonka and Chairman Cohen
NOES: none
ABSTAIN: none
ABSENT: Commissioner Neely
Sheldon Cohen, Chairman
lliam A. RamsW, AIrwpd)
I Planner
Acting Secretary
(C.Wy DocumentslWordPerfect Documents%Current_Planning1Cu9504Mod2Pnma1Cu95Q4Mad2-p
CORRECTED
PC RESOLUTION NO. 99-6-22-1
D 95-04
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO APPROVING A MODIFICATION TO A CONDITIONAL USE PERMIT
FOR A SOLID WASTE FACILITY WITHIN THE SOLID WASTE FACILITY (SWF)
ZONE DISTRICT FOR PORTIONS OF A 560 ACRE PARCEL LOCATED AT THE
SOUTHERN TERMINUS OF LA PATA AVENUE AND MORE PRECISELY REFERRED
TO AS ASSESSORS PARCEL NUMBERS 124-081-22,24,26, & 27 AND 124-140-42, 44, 46,
47,48, 52, 54, & 55 (PRIMA DESHECHA CANADA LANDFILL).
Whereas,the County of Orange operates the Prima Deshecha Canada Landfill,under
a solid waste facilities permit (SWFP) for a Class III landfill issued by the California Integrated
Waste Management Board(CI)NMB), consisting of a 1520 acre site devoted to solid waste landfill
operation of which approximately 559.07 acres are situated within the corporate limits of City of San
Juan Capistrano; and,
Whereas, the County of Orange has requested that the City approve an amendment
to the operating hours to allow the solid waste landfilling operation to extend one(1)hour past the
regular closing time, from 5:00 pm to 6:00 pm, on those six(6) days immediately following a legal
holiday or a declared emergency during which the landfill has been closed; and,
Whereas, the proposed Conditional Use Permit has been processed pursuant to
Section 9-2.301, Development Review of the Land Use Code; and,
Whereas, the Environmental Administrator has reviewed the proposed project
pursuant to Section 15061 of the California Environmental Quality Act (CEQA), and has determined
that the proposed project is categorically exempt, and has otherwise complied with all applicable
provisions of the California Environmental Quality Act(CEQA); and,
Whereas, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 15074 of the California Environmental Quality
Act(CEQA) and conducted a duly noticed public hearing on June 22, 1999 pursuant to Section 9-
2.313 of the Municipal Code to consider public testimony on the proposed Conditional Use Permit.
NOW,THEREFORE,BE IT RESOLVED,that the Planning Commission of the
City of San Juan Capistrano does hereby make the following findings:
1. The proposed Conditional Use Permit will be consistent with the draft policies of General
Plan Amendment 93-06 related to the Prima Deshecha Canada Landfill, specifically, the
Land Use Element, Transportation Element, Open Space and Conservation Element, and
Public Facilities Element; and,
PC Resolution 99-6-22-1 2 June 22, 1999
2. The proposed Conditional Use Permit complies with the purpose and intent and all
applicable provisions of Title 9,Land Use Code of the Municipal Code; and,
3. The proposed Conditional Use Permit complies with and implements the provisions of
Section 9-3.423.7, Solid Waste Facilities (SWF)District of Title 9, Land Use Code of the
Municipal Code.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves the project subject to the following
conditions of approval:
1. Unless otherwise apparent from the context, the term "Permittee" shall include the County
or Orange, applicant and any other person, corporation, or other entity making use of this
conditional use permit for operation of the Prima Deshecha Canada Landfill.
2. The permittee shall defend, indemnify and hold harmless the City, its agents, officers, and
employees from any claim, action, or proceeding against the City or its agents, officers, or
employees to attack, set aside, void or annul this permit approval, which action is brought
within the applicable time period of Government Code Section 65907 or other applicable
time period. The City shall promptly notify the permittee of any claim, action, or proceeding
and the County shall be responsible to fully defend the City against the same.
3. This approval will terminate upon completion of the approved fill design, as depicted in the
General Development Plan for Prima Deshecha Canada Landfill. However, the permittee
is authorized and required to continue environmental management facilities such as operation
of gas recovery and energy systems, for closure or post closure maintenance required by all
applicable federal, state and local agencies.
4. If any provision of this approval is challenged by the permittee and held or declared to be
invalid by a court of competent jurisdiction, this approval shall be void and the privileges
granted hereunder shall be void.
5. The subject property shall be developed, maintained and operated in full compliance with
the conditions of approval and any law, statute, ordinance or other regulation applicable to
any development or activity on the subject property, including but not limited to those
permits issued by the following agencies:
a. The Local Enforcement Agency (LEA) and the California Integrated Waste
Management Board (CIWMB).
b. The San Diego Regional Water Quality Control Board(SDRWQCB).
C. The South Coast Air Quality Management District(SCAQMD).
PC Resolution 99-6-22-1 3 June 22, 1999
Failure of the permittee to cease any development or activity not in full compliance shall be
a violation of these conditions and subject to enforcement actions and penalties as provided
at law by those agencies or by the City .
6. Notice is hereby given that violation of this approval is a misdemeanor. The City may, after
conducting a public hearing, revoke or modify this use permit based on findings that the
permittee has violated these conditions or conducted the landfill operation so as to be
detrimental to the public health, safety or welfare.
7. This grant allows the continued operation and expansion of a Class III landfill together with
certain ancillary and related activities, as enumerated herein, subject to the following
restrictions as to use.
a. The permittee shall not contract to receive, nor receive, and dispose within the
landfill area any hazardous waste or radioactive waste/material.
b. The permittee shall not extend any portion of the landfilling operation above the
plane or outside of the surface area of the fill design as established by the General
Development Plan,Prima.Deshecha Landfill and the Memorandum of Understanding
executed between the City and the County. "Landfilling operation" refers to that
portion of the subject property in which waste is to be permanently placed and then
buried under daily, interim and final cover material.
c With the exception of previously approved on-site borrow areas, the permittee shall
excavate cover material only within the refuse disposal limits established by the
General Development Plan. This condition does not prohibit excavations outside
those areas for the purposes of constructing drainage structures or noise abatement
devices; performing work necessary to abate hazards to public or private property;
or assuring slope stability.
d. The total quantity of solid waste imported from outside the County to the landfill
shall not exceed a maximum of 4,000 tons per day. In the event the County of
Orange fails to comply with the provisions of the Memorandum of Understanding,
the County shall be limited to a maximum daily imported landfill tonnage of two-
thousand(2000)tons per day.
The total quantity of solid waste originating within the County and delivered to the
landfill shall not exceed a maximum of 4,000 tons per day pursuant to the currently
valid Solid Waste Facilities Permit(1995).
Total tonnage of solid waste shall include imported soil to cover and prepare interim
and final fill slopes for planting, or recycled waste processed and put to a beneficial
PC Resolution 99-6-22-1 4 June 22, 1999
use on the landfill or separated or otherwise diverted from the waste stream and
exported from the landfill.
e. The permittee shall cooperate with the City of San Juan Capistrano in the attainment
of the City's Source Reduction and Recycling Element waste diversion objectives.
f. The subject property may be used for the following accessory uses and structures
consistent with the General Development Plan:
1. Administrative offices and employee facilities associated with the landfill and
waste collection,handling and processing operations;
2. Facilities necessary for the collection, disposal, utilization and distribution of
landfill gases as required and/or approved by the South Coast Air Quality
Management District;
3. Structures, maintenance sheds, or storage lots for any machinery and
equipment used exclusively for the landfill operation; and
4. On-site waste diversion and recycling facilities.
�. g. The permittee shall be allowed to operate the landfill for receipt of solid waste only
from 6:00 a.m. through 5:00 p.m., Monday through Saturday, and the landfill shall
be closed to the public on Sunday. However, the permittee shall be allowed to
operate the landfill from 6:00 a.m. through 6:00 p.m. on each of the six (6) days
immediately following a legal holiday or a locally, State, or Federally-declared
emergency during which the landfill has been closed to franchise waste haulers.
Solid waste originating outside the County of Orange shall be prohibited from being
delivered to the landfill during the extended landfill operating hours of 5:00 p.m. to
6:00 p.m.
Landfill operations such as site preparation, the application of cover, and waste
processing shall only be conducted between the hours of 6:00 a.m. and 9:00 p.m.,
Monday through Saturday. The Local Enforcement Agency(LEA)may, subject to
notification ofthe City, approve extended hours of operation to respond to a State or
Federally-declared emergency.
h. Mitigation berms shall be installed to minimize noise and screen truck hauling
operations as required by the Memorandum of Understanding Regarding the Prima
Deshecha Landfill (between the City of San .Tuan Capistrano and the County of
Orange).
PC Resolution 99-6-22-1 5 June 22, 1999
i. The permittee shall not conduct any grading within the limits of any General Plan-
designated major ridgeline for either landfilling nor parks and recreation purposes.
The permittee may construct trails consistent with the City's equestrian trail design
guidelines along General Plan-designated major ridgelines so designated by the City's
Master Plan of Equestrian&Recreation Trails. The permittee shall not construct any
improvements on any General Plan-designated major ridgeline or portion of the
landfill site which would silhouette against the skyline as viewed from valleys within
the City of San Juan Capistrano.
8. During those days or periods where the landfill would regularly meet the daily maximum
landfill tonnage limit, the permittee shall implement a program to avert inadvertent landfill
trips and illegal disposal by scheduling regular users, such as commercial and municipal
haulers, and reserving landfill capacity for small commercial and private users.
9. To ensure reuse of the landfill site as a public regional park, the permittee shall establish a
funding mechanism for regional park improvements, prepare a cost study, prepare a master
park plan, and implement park improvements:
a. Within one (1) year following approval of this permit, the County of Orange shall
conduct a cost study to determine the total capital cost to implement the Conceptual
Recreation Activities Plan and shall establish a fund commensurate with the
estimated capital improvement costs for the regional park and the phasing of interim
and ultimate park improvements.
b. Prior to the final closure of Waste Management Unit#1, the County of Orange shall
prepare a regional park master plan with emphasis on that portion of the regional
park situated within the City of San Juan Capistrano. The regional park master plan
shall be subject to review and joint approval by both the County of Orange and the
City of San Juan Capistrano. The County shall submit the proposed regional park
master plan to the City for review for consistency with the General Plan and Title 9,
Land Use Code.
C. Within one(1)year following certification of closure of Waste Management Unit#1
by the Local Enforcement Agency, the County shall enter into a contract authorizing
construction of park improvements consistent with the regional park master plan.
d. The County of Orange shall not approve development of the following types of uses
within any portion of the 1500 acre landfill site, within or outside the City of San
Juan Capistrano:
1. skeet or trap or target shooting ranges.
PC Resolution 99-6-22-1 6 June 22, 1999
2. motorized vehicle tracks (moto-cross; all terrain vehicles; go-carts; and/or
slick track racing; etc.)
3. radio-controlled aircraft.
10. The final landfill slopes shall be concurrently reclaimed and revegetated within ninety(90)
days of completion. If directed by the Local Enforcement Agency, a permittee shall install
a temporary vegetation cover on all slopes and other areas that are to remain inactive for a
period longer than ninety(90)days.
To the extent possible, revegetation shall blend with species indigenous to the area and be
drought tolerant and shall be capable of rapid establishment. Plant selection shall not include
exotic, invasive species as determined by the United States Fish and Wildlife Service
(USFWS) and the California Department of Fish and Game(DFG).
11. The permittee shall utilize the most effective available technology and methodology to
eliminate fugitive dust emissions which may be a nuisance or hazard to adjacent populated
areas or cause significant damage to wildlife resources (coastal sage scrub habitat). In
addition, the permittee shall comply with dust control regulations approved by the Local
Enforcement Agency and the rules for dust abatement of the South Coast Air Quality
Management District.
12. The permittee shall employ the most effective available technology and methodology to
prevent litter which enters the area under the permittee's control in the form of waste from
escaping the area. The permittee's on-site litter control program shall include, unless
otherwise provided by the Local Enforcement Agency, the following:
a. Landfill personnel shall patrol the access road to the scales during operating hours
any remove any landfill litter.
b. Landfill personnel shall immediately detain improperly covered or contained loads
which may result in a significant release of litter and correct the condition before the
load proceeds into the landfill.
C. All debris found on or along the entrance and working face access roads shall be
immediately removed by landfill personnel.
d. The permittee shall install litter fences in the operating areas, as deemed necessary
by the Local Enforcement Agency to enforce the intent of this condition. The
permittee shall further actively investigate and implement methods to improve
containment, including more effective litter fencing.
PC Resolution 99-6-22-1 7 June 22, 1999
13. The permittee shall post and/or maintain a sign at the entry gate which indicates the
following:
a. The name and telephone number where persons may contact the permittee to register
complaints regarding landfill operations on a twenty-four hour a day basis;
b. The name and telephone number of the Local Enforcement Agency; and
C. The name and telephone number of the enforcement offices of the South Coast Air
Quality Management District.
14. The permittee shall implement and/or maintain a comprehensive waste load checking
program to exclude disposal of hazardous wastes and radioactive material at the landfill
which shall comply with the requirements of the Local Enforcement Agency, the State
Environmental Protection Agency and the Regional Water Quality Control Board.
The permittee shall post and maintain notices at prominent locations at the landfill to inform
waste haulers of the rules governing the disposal of hazardous waste and radioactive
materials.
In the event that known or suspected hazardous waste or radioactive material is discovered
at the landfill, the permittee's landfill operator shall:
a. detain the driver and obtain his drivers license and vehicle license number, if the
vehicle that delivered the waste is still present;
b. immediately notify the Local Enforcement Agency, State Environmental Protection
Agency and the Regional Water Quality Control Board;
C. store the material at a site developed in accord with the regulations of the State
Environmental Protection Agency and the Regional Water Quality Control Board
until disposed of in accord with applicable State and Federal Regulations.
15. The permittee shall maintain and implement effective vector control measures as directed by
the Local Enforcement Agency.
16. The permittee shall install drainage structures and comply with all other drainage
requirements of the Regional Water Quality Control Board. All permanent drainage
structures, including sedimentation basins, shall be designed and constructed so as to
accommodate storm drainage runoff from the one-hundred (100) year storm. The landfill
and drainage structures shall in all cases be designed so as to cause surface water to be
diverted away from disposal areas. The permittee shall also comply with any applicable
PC Resolution 99-6-22-1 8 June 22, 1999
National Pollutant Discharge Elimination System Permit requirements in effect at the time
of the landfill expansion
17. The permittee shall install and test ground water monitoring wells as required by the
Regional Water Quality Control Board and shall promptly undertake any action directed by
the Regional Water Quality Control Board to correct or prevent contamination which may
affect ground water quality:
Any testing or remedial actions deemed necessary by the Regional Water Quality Control
Board to correct or prevent contamination or to determine the existence of any contamination
from the existing landfill operated by the permittee which in the opinion of the Regional
Water Quality Control Board should be completed or guaranteed before commencement of
the landfill expansion shall be completed or guaranteed by the permittee before
commencement of the landfill expansion to the satisfaction of the Regional Water Quality
Control Board.
18. The permittee shall install and maintain containment(liner) systems and leachate collection
and removal systems as required and approved by the Regional Water Quality Control Board
or other responsible agency having jurisdiction over containment systems. Containment shall
equal or exceed the specifications set forth in the final environmental impact report for the
project.
19. The permittee shall maintain on-site fire response capabilities, construct access roads,
provide water tanks, water mains, fire hydrants and fire flows and perform brush clearance
to the satisfaction of the Orange County Fire Authority.
20. All on-site fuel storage tanks shall be installed, and necessary containment and air quality
controls provided by the permittee in accord with the requirements of the Orange County Fire
Authority, the Regional Water Quality Control Board, and the South Coast Air Quality
Management District.
21. The permittee shall implement and maintain all necessary measures to ensure that noise
emissions from the landfill comply within noise standards of the City of San Juan Capistrano
Noise Ordinance. Specifically, the permittee shall ensure that all landfill/construction
equipment is properly muffled and limit landfill operating hours as specified in other
conditions of approval.
22. Unless otherwise provided by the South Coast Air Quality Management District, the
permittee shall install and maintain a best available control technology landfill gas collection
system in compliance with the requirements of the South Coast Air Quality Management
District. The permittee shall also control the lateral migration of gases to the satisfaction of
the Local Enforcement Agency and the South Coast Air Quality Management District.
L _
PC Resolution 99-6-22-1 9 June 22, 1999
23. The permittee shall operate the landfill in a manner which conserves water, including the use
of reclaimed waste water to the extent feasible.
24. The permittee shall comply with applicable provisions of Sections 1601 through 1603 of the
California Fish and Game Code prior to any alteration of drainage courses and shall mitigate
disturbed riparian habitat or wetlands to the satisfaction of the California Department of Fish
and Game (DFG) and the U. S. Corps of Engineers(COE).
25. The Local Enforcement Agency shall have the authority to order the immediate cessation of
landfilling or other activities at the site if it determines that the health, safety and/or welfare
of residents may be jeopardized by such activities.
26. The permittee shall implement programs to identify and conserve any significant
archaeological and paleontological materials which may be present, as described in the
environmental impact report for the project. The recovery and conservation shall be
supervised and reported upon as set forth in the environmental impact report.
27. That portion of the landfill project site within the City of San Juan Capistrano and outside
the proposed landfilling/grading limits shall remain as natural open space and low-intensity
park and recreational use (i.e., hiking/riding trails, picnicking, bird watching, etc.) until
implementation of the park master plan.
28. The permittee shall implement and otherwise comply with all provisions of the mitigation
monitoring program established by Revised Draft Environmental Impact Report#548, Prima
Deshecha Canada Landfill General Development Plan.
29. Prior to issuance or approval of an amended solid waste facility permit (SWFP) by the
California Integrated Waste Management Board, the County of Orange shall submit an
amended General Development Plan for Prima Deshecha Canada Landfill to the City for
review and final approval,based on consistency with the conditions of approval established
herein, and the adopted Memorandum of Understanding between the County and the City.
30. Prior to issuance or approval of an amended solid waste facility permit (SWFP) by the
California Integrated Waste Management Board, the County of Orange shall submit a fill
plan, including detailed cross-sections,to the City of San Juan Capistrano for its review and
approval. The fill plan shall be accompanied by a "geotechnical/soils report" which
demonstrates the feasibility of the proposed fill plan. The County shall be responsible for
funding the City's third party geotechnical review of that "fill plan" and "geotechnical and
soils report". The report will include slope stability analysis and shall demonstrate
compliance with professionally- accepted standards established for both static and seismic
conditions.
PC Resolution 99-6-22-1 10 June 22, 1999
31. Prior to issuance or approval of an amended solid waste facility permit (SWFP) by the
California Integrated Waste Management Board, the County of Orange shall demonstrate
compliance with the funding requirements established by Title 14 and Title 23 with respect
to financing landfill closure and post-closure maintenance.
32. This conditional use permit including all conditions of approval shall be subject to review
and further action by the City of San Juan Capistrano every three(3)years(i.e. November
14, 1998;November 14, 2001;November 14, 2004; etc.). The City may revoke, amend, or
take no action on the conditional use permit.
PASSED, APPROVED AND ADOPTED this 22nd day of June, 1999, by the
following vote, to wit:
AYES: Commissioners Bathgate, Cohen, Eggers, Pichler, Sonka, and Chairman
Johnson
NOES: none
ABSTAIN: none
ABSENT: Commissioner Neely
E ohms ,Chairma
Thomas Tomlinson, Planning Director
(C:\OFFICE\ARCHIVE\CU9504R3.WPD)
t-
Go�
MEMORANDUM OF UNDERSTANDING
REGARDING
THE PRIMA DESHECHA LANDFILL
between
THE CITY OF SAN JUAN CAPISTRANO
and
THE COUNTY OF GRANGE
ATTACHMENT 4
TABLE OF CONTENTS
PREAMBLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
SECTION 1. GENERAL PLAN AMENDMENT/GENERAL DEVELOPMENT PLAN 1
A Road Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
B. Ridgeline Preservation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
C. Sound/Visual Berms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
D. Park Use Financing Plan . . —. . . . . . . . . . . . . . . . . . . - 3
E. Traffic Circulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
SECTION 2. SOLAG RELOCATION . . . . . . . . . . . . . . . . . . . I . . . 4
SECTION 3. HOST FEE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
SECTION 4. TONNAGE LIMITATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
SECTION 5. RECIPROCAL COOPERATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
A. Processing General Development Plan . . . . . . . . . . . . . . . . . . . . . . . . . - . . . 5
B. Cooperation on Antonio Parkway . . . . . . . . . . . . . . . . . . . . . _ . . . . - . . . . . . . . - . . - 5
C. Cooperation on Solid Waste Facilities Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
SECTION 6. STATUS OF CITY AND INDEMNIFICATION . . . . . . . . . . . . . . . . . . . . . . 5
SECTION 7. REPORTS AND INFORMATION . . . - . . . . . . . . 6
SECTION 8. BINDING EFFECT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
SECTION 9. EXHIBITS INCORPORATED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
SECTION 10. FORCE MAJEURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
SECTION 11. NOTICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 . 1 . . . . . 7
SECTION 12. AMENDMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . 7
EXHIBIT A. MAP OF LANDFILL AREA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
EXFIIBIT B. PROJECT SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
i
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND THE COUNTY OF ORANGE REGARDING
THE PRIMA DESHECHA LANDFILL
This Memorandum of Understanding is made and entered into this Lt, .�day of
September, 1995,by and between the County of Orange, hereinafter referred to as the"COUNTY"
and the City of San Juan Capistrano, hereinafter referred to as the"CITY."
PREAMBLE
The Prima Deshecha Landfill "LANDFILL" is one of the three active landfills owned and
operated by the COUNTY as part of its landfill system. By COUNTY Ordinance, COUNTY may
contract to provide solid waste disposal services to governmental entities and/or solid waste haulers
for municipal solid waste originating outside of the COUNTY("Out-of-County Waste") provided
said contracts meet certain conditions specified in Orange County Codified Ordinance ("OCCO") §
4-3-116.The COUNTY is considering entering into contracts to accept Out-of-County Waste at the
LANDFILL. It is the intent of the COUNTY to participate in the mitigation of any potential impacts
on the CITY.
The purpose of this Memorandum of Understanding is to identify the understanding of the
parties as to how the COUNTY will reasonably mitigate these impacts on the CITY.
The COUNTY is currently under a Stipulated Order of Compliance and Agreement in
operating the LANDFILL. The present Solid Waste Facility Permit(SWFP)was authorized at a time
when the LANDFILL was operating at a level of approximately seven hundred and fifty(750) tons
per day. The COUNTY is currently accepting approximately eleven hundred (1,100)tons per day of
the municipal solid waste at the LANDFILL and is presently submitting a request for a revised SWFP
for authorization to operate the LANDFILL at a proposed four thousand (4,000)tons per day. Any
contracts entered into for disposal services of Out-of-County Waste shall not cause the tonnage to
exceed four thousand (4,000)tons per day.
NOW, THEREFORE,THE PARTIES AGREE AS FOLLOWS:
SELMN 1. GENERAL FLAN AMIENDMENTZGENERAL DEVELUEMNT PLAN.
CITY has received a payment of twenty thousand dollars ($20,000)from COUNTY which
represents the deposit for processing the COUNTY's application for General Plan Amendment. Any
unused balance shall be refunded to COUNTY.
1
A Road 1 rovement,-If COUNTY begins accepting Out-of-County Waste at the
LANDFILL, COUNTY shall be lead agency for design and construction of Antonio Parkway, a
minimum four-lane roadway between Oso Parkway and Ortega Highway, by May 31, 1999.
COUNTY shalt be responsible for certification of an Environmental Impact Report("EIR")by the
Board of Supervisors, contribution of right-of-way from the property owners, setting aside sufficient
funds for its design, construction, maintenance, drainage, slopes and environmental mitigation,
including the cost of clearing any title obligations.
It is further agreed that in order to accept Out-of-County Waste at the LANDFILL
that the following schedule of events must be met:
i. COUNTY Board of Supervisors shall set aside all fiunding for the
design and construction of Antonio Parkway in accordance with the following
schedule:
COUNTY shall accumulate gas tax funds over two (2) successive
fiscal years beginning in 1995-96. COUNTY shall include with its adopting
resolutions for its budget, a finding that the funding, design and expedited
construction of Antonio Parkway between Oso Parkway and Ortega Highway is its
highest priority capital project. In addition, this agreement, including this budget
priority, shall be included as an executory contract to be assumed under any"Plan of
Adjustment" to be filled by the Bankruptcy Court.
ii. COUNTY Board of Supervisors shall "Award Contract" for
construction of Antonio Parkway by December 31, 1997.
iii. Start of construction to commence within 90 days of award of contract
and be maintained as a continuous operation until completion, except for delays
caused by acts of nature.
iv_ Antonio Parkway to be completed not as a toll road and open for
public use no later than May 31, 1999.
If the above stated schedule is not met, the COUNTY will cease acceptance of all Out-
of-County Waste at the LANDFILL until said milestones have been met. The COLNTTY shall hold
CITY harmless from any claims that may arise due to other contractual agreements that COUNTY
has with separate third parties related to the construction of Antonio Parkway. CITY agrees not to
interfere with any contracts between COUNTY and third parties. Changes to the above schedule may
be discussed as part of a thirty(30) day meet and confer period prior to the expiration of the above
dates. Any extension of the above performance dates can only be authorized upon agreement of both
COUNTY and CITY.
2
s •
COUNTY will not submit an application for revision of SWFP No. 30-AB-0019
subsequent to the application for revision of SWFP No. 30-AB-0019 currently being reviewed by the
staff of the Local Enforcement Agency("LEA") and California Integrated Waste Management Board
("CIWIVIB")until a contract has been awarded for the construction of Antonio Parkway.
COUNTY agrees to incorporate the above construction schedule for Antonio Parkway
as a mitigation measure in the EIR currently being prepared for the CITY's General Plan Amendment
and the COUNTY's General Development Plan ("GDP") for the LANDFILL. Said mitigation
measure shall be in full force and effect in accordance with the provision of the California
Environmental Quality Act("CEQA").
B. Ridgeline Prese a� - The COUNTY will install and maintain final landfill
grades which result in no silhouetting above and along the General Plan-designated"major ridgeline"
which forms the northern and western edges of the LANDFILL site boundary such that no landfill
operations or placement of landfill materials will visually encroach upon the designated General Plan
ridgeline or be viewed from Ortega Highway.
C. Sound/Visual Berms-COUNTY agrees to construct an earthen berm per Exhibit
A in order to buffer residential units from noise generated by vehicles travelling to LANDFILL on
La Pata. Said berm shall be a minimum four to five (4 to 5) feet high, and nine hundred(900)feet
long and be designed such that it may be constructed so as to not require the acquisition of any
additional right-of-way by the COUNTY. Further, berm shall be designed to be accommodated by
existing topography,without requiring retaining structures or significant grading. Construction should
include hydroseeding or other method of erosion control. COUNTY agrees to repair berm as
necessary. The berm is to be constructed prior to importation of Out-of-County Waste to LANDFILL
in 1997.
D. Park Use Financing Plan - COUNTY agrees that the GDP will include a
requirement that the ultimate recreational uses to be established on the site within CITY limits
following closure of the landfill operations shall be mutually agreed upon by COUNTY and CITY.
It is further agreed that the GDP will include a financial analysis and financial plan.
F 'traffic Circulation - Any agreement for Out-of-County Waste will require that
Out-of-County Waste be delivered via I-5 Freeway to Ortega Highway to La Pata Avenue.Any other
alternate route must be approved by the Director of Engineering and Building or his designee. CITY's
approval shall not be unreasonably withheld.
Any agreement for Out-of-County Waste will require that Out-of-County Waste be
delivered to the LANDFILL in transfer trailer vehicles, approximately twenty(20)tons of cargo, so
as to reduce adverse traffic impacts unless approved in writing by City Manager or his designee.
3
SECTION 2. 9011AG RELOCA210N.
When an application is submitted, COUNTY will expedite review of conditional use permits
within ninety(90)days excepting appeals for the relocation of Solag Disposal Company to property
owned by the San Juan Company, a California limited partnership, and San Juan Partnership No. I,
a California limited partnership, or any property whereby COUNTY has jurisdiction over the land use
permit process or construction permit process, and COUNTY will not unreasonably withhold permits
for such relocation.
SECTION 3. A(lST FEE.
The COUNTY will pay the CITY no less than eighty-one cents ($.81)per ton for each ton
of Out-of-County Waste deposited in the LANDFILL, regardless of whatever tip fee is finally
negotiated, for as long as such Out-of-County Waste continues to be deposited in the LANDFILL
("Host Fee"). Said Host Fee is mitigation for LANDFILL access only and is not compensation for
acceptance of solid waste.
Payment of the Host Fee will be made quarterly within one (1) month of the close of
collection for the quarter for all loads which are composed of Out-of-County Waste. A subsequent
payment will be made within twenty(20) days of receipt of origin of waste data from the hauler of
any mixed loads composed of both Out-of-County Waste and In-County Waste. Mixed loads shall
be prorated. Should the COUNTY's gate fee be increased after the COUNTY begins providing
disposal services for Out-of-County Waste,the Host Fee will be adjusted. The adjustment to the Host
Fee will be made according to the following formula utilizing a floating decimal. The new adjusted
Host Fee will be rounded to the nearest whole cent.
N= Cx(AB)
A=The new adjusted gate fee for Out-of-County Waste
B =The current gate fee for Out-of-County Waste
C=The current Host Fee for the CITY
N=The new Host Fee for the CITY
SECTION 4. TONNAGE LIMIT TIONS.
Landfill operation will be limited to a maximum of four thousand (4,000) tons per day of
municipal solid waste for the length of time the LANDFILL is in operation.
Any SWFP issued by the State of California or LEA shall specifically stipulate a maximum
daily tonnage limitation of four thousand(4,000)tons per day and an annual tonnage limitation(based
4
on three hundred and seven(3 07] operating days per year) of one mullion, two hundred and twenty-
eight thousand(1,228,000)tons of municipal solid waste.
Importation shall begin January of 1997, and shall not exceed two thousand(2,000)tons per
day for any day prior to completion of Antonio Parkway. Antonio Parkway shall not be constructed
as a toll road. If construction of Antonio Parkway is not completed by May 31, 1999, COUNTY will
discontinue use of LANDFILL for the disposal of Out-of-County Waste, and shall cease all
LANDFILL operation above two thousand(2,000)tons per day of municipal solid waste of any kind,
including In-County Waste. Said limitations shall remain in effect until Antonio Parkway is completed
and open to public traffic.
A__� _prr�cessio�General Developincnt Plan - The CITY will proceed with processing
the application submitted by the COUNTY for an amendment to its General Plan reflecting the
interim landfill use of the site occupied by the LANDFILL and will present that amendment to the
City Council no later than November 21, 1995. In order to meet this obligation,the COUNTY shall
submit a draft EIR to the CITY no later than September 22, 1995. The CITY and COUNTY agree
to the schedule and milestones for processing the General Plan Amendment contained in Exhibit B,
attached and incorporated by this reference excepting appeals. If CITY fails to meet its milestones
for processing General Plan Amendments, CITY shall not object to COUNTY obtaining extensions
of Senate Bill(SB) 17 (Craven)(Stats. 1995, Chapter 4 uXX).
laaneration orz Antonio Parls�vav - CITY shall cooperate with COUNTY in
providing necessary information and other actions required by the COUNTY in the preparation and
certification of the EIR for both Antonio Parkway and the LANDFILL GDP and process any
necessary permits,right of entry agreement, and applications involved in the funding and construction
of the road.
C. Cooperation on Solid Wast?, acilities Permit_:- The CITY will cooperate with the
COUNTY by providing the COUNTY with any necessary documents or clearances required by the
LEA or the CIWMB so as to enable the COUNTY to complete its pending permit revision
application, including, but not limited to information required by Public Resources Code Section
50000.5. Once CITY has acted on the General Plan Amendment, CITY shall provide LEA and
CIWMB with records of action.
5JECIMN 0. STATUS OF C11-Y AND INI)EMNIFICABON,
The CITY and COUNTY desire to leave no doubt as to their respective roles, and that by
entering into this Memorandum of Understanding, CITY is not thereby becoming an"Arranger" as
that term is used in CERCLA § 107 (a)(3), and that it is the COUNTY, not the CITY, which is
"Arranging For"the disposal of Out-of-County Waste in LANDFILL which may contain hazardous,
toxic, harmful or corrosive substances-
5
COUNTY agrees to defend,indemnify and hold CITY, and its officers, employees and agents
harmless for all claims,injury, death or damage to property resulting solely from the acts or omissions
of the COUNTY, its officers, employees, agents for liability arising from any activity of the
COUNTY, its officers, employees, agents taken pursuant to the provisions of this Memorandum of
Understanding including liability arising due to delivery of Out-of-County Waste to the LANDFILL.
CITY agrees to defend, indemnify and hold COUNTY, and its officers, employees and agents
harmless for all claims,injury, death or damage to property resulting solely from the acts or omissions
of the CITY, its officers, employees, agents for liability arising from any activity of the CITY, its
officers, employees and agents taken pursuant to the provisions of this Memorandum of
Understanding. If the CITY's negligence combines with the COUNTY's negligence to cause injury,
the parties agree that liability will be apportioned as determined by a court of competent jurisdiction-
Neither party shall request a jury apportionment.
{
The CITY reserves the right to inspect the records of the COUNTY and the right to audit and
to recompute any amounts deemed payable under this Memorandum of Understanding. Any such
audit must be at CITY expense and take place within thirty-six(36) months of the close of each of
the fiscal years. Any additional amount due must be paid within thirty(30) days following written
notice to the COUNTY by the CITY. This notice shall include a copy of the audit report.
SEC11ON I BINDING EFFECT.
Each covenant, obligation, and condition contained in this Memorandum of Understanding
shall inure to the benefit of and be binding upon the parties to this Memorandum of Understanding.
If LANDFILL is transferred by COUNTY, COUNTY will provide in any such agreement that
subsequent operator will comply with all requirements of this Memorandum of Understanding, which
apply to the operation of the LANDFILL.
SEE1I0N 9. EXHIBIT INCORP_ORAUD,
Exhibits "A" through `B" are attached to and incorporated in this Memorandum of
Understanding by reference.
SECTION 10 FORCE MAJEURE.
Should the performance of the obligations of either party under this Memorandum of
Understanding be interrupted or delayed by any occurrence not occasioned by the conduct of either
party to this Memorandum of Understanding, whether that occurrence is an act of God, war, civil
insurrection, fire, flood, storm, strikes, lockouts, or by any law, regulation, or order of any federal
or state court,that party's performance under this Memorandum of Understanding shall be excused
for whatever period of time after the occurrence is reasonably necessary to remedy the effects of that
occurrence,
6
Any notice required or permitted by this Memorandum of Understanding shall be in writing
and sufficiently given if delivered in person or sent by certified or registered mail, postage prepaid,
to the notice address of the respective parties set forth in this Memorandum of Understanding.
Changes in the respective addresses to which such notices may be directed may be made from time
to time by any party by notice to the other party. The present addresses of the parties are:
COUNTY: County of Orange
EMA/Integrated Waste Management Department
Attn: Director
Location for Direct Deliveries and Certified Mail:
320 North Flower Street, Suite 400
Santa Ana, CA 92703
Mailing Address:
P.O. Box 4048
Santa Ana, CA 92702-4048
CITY City of San Juan Capistrano
Attn: City Manager
Mailing Address:
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
SECTION 12, AMENDMENTS,
Neither this Memorandum of Understanding nor any provision hereof may be changed,
modified, amended or waived except by written agreement duly authorized and executed by both
parties.
7
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of
Understanding on the dates opposite their respective signatures:
COUNTY OF ORANGE, a politic hdivision of the
State of a
DATED: 9 By:
Gaddi Vasquez, Chairman of its Board f Supervisors
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD
Kathleen E. Goodno, Acting Clerk of the Board
of Supervisors of Orange County, California
APPROVED AS TO FORM:
LA NCE WATSON HIEF ASSISTANT COUNTY COUNSEL
---- DATED: y r, X
GeoiTreyBunt, Deputy
CITY OF SAN JUAN CAPISTRANO
D S
DATE .��i'x�� I`I I�9S Y
Carolyn Nash, avor
AT ST:
Cheryl Johts on,Oty Clerk
ROVED AS T�O :�
],
DATED:
Richard Denhalter, City Attorney of the
City of San Juan Capistrano, California
8
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EXHIBIT B
PRIMA DESHECHA LANDFILL
MOU&EIR 548
PROJECT SCHEDULE
SEPTEMBER 5, 1995
A. Prepare Revised Draft EIR- August 24 through September 15, 1995
B. City Council Execute MOU - September 8, 1995
Board of Supervisors Execute MOU- September 12, 1995
C. Print Revised Draft EIR- September 15 through September 17, 1995
D. Distribution of Revised Draft EIR- September 18, 1995
E. 45-Day Public Review Period' - September 19 through November 2, 1995
F. Prepare Response to Comments- November 2 through November 7, 1995
G. City/County Commission(s) - Week of November 13th
H. City Council/Certifies EIR/Adopts GPA- November 21, 1995
B/S Certifies EIR- November 21, 1995 (Special Meeting needed)
I. Permit Approval by C1WIVIB - December 1995
' The following items will begin during this period: staff reports, response to comments
received early, mitigation monitoring and reporting program, findings of fact and statements of
overriding consideration.
Cat IT,
FIRST AMENDMENT
TO MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF SAN JUAN CAPISTRANO AND
THE COUNTY OF ORANGE REGARDING
THE PRIMA DESHECHA LANDFILL
This First amendment is made and entered into this —11 day of fQ V 1995, by and
between the County of Orange, hereinafter referred to as "COUNTY", and the City of San Juan
Capistrano, hereinafter referred to as "CITY", and is made to the Memorandum of
Understanding between the parties dated September 12, 1995, hereafter collectively referred to
as the MOU.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. The Sound/Visual Berms Section, is amended by deleting Paragraph, Section 1, C
Sound/Visual Berms in its entirety, and substituting the following:
Paragraph I, C, - Sound/Visual Berm
CITY and COUNTY agree to cooperate in the construction of an earthen berm per Exhibit A
in order to buffer residential units from noise and view of vehicles traveling to LANDFILL on
La Pata. Said berm shall be approximately eight(8)feet high, and nine hundred(900) feet long.
Berm shall be designed in a manner to minimize the need for extra right-of-way and to
accommodate existing topography as much as possible. CITY and COUNTY shall agree on
technical specifications of berm design prior to its construction. Should additional right-of-way
be needed, CITY and COUNTY agree to cooperate in negotiations with appropriate landowner
(s).
If the California Integrated Waste Management Board receives a letter from the City of San Juan
Capistrano by November 27, 1995, which satisfies the General Plan Consistency requirements
of Public Resources Code Section 50000, COUNTY shall pay total cost of said berm, including
but not limited to, engineering and design, right of way acquisition and construction costs.
Construction shall include hydroseeding or similar method of erosion control. COUNTY agrees
to repair berm as necessary. Construction shall be completed within one (1) year of permit
issuance. If General Plan Consistency finding persuant to Section 50000 is not sent by City to
the CIWMB by November 27, 1995, COUNTY's share of total cost shall be $45,000 and
construction shall begin at a date mutually agreed to by CITY and COUNTY.
All other terms and conditions of the agreement remain unchanged,
IN WITNESS VWRFOI,, the parties hereto have execulothis First Amendment to the
Memorandum of Understanding on the dates opposite their respective signatures:
COUNTY OF ORANGE, a political subdivision of the
State of �arnia
DATED: F�"': 2 1 1J93 By: 4 tJ
Roger Stoon, Chairman of the Board of Supervisors
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD
64OWo, F 2,2A�Az _
Kathleen E. Goodno, Acting Clerk of the Board
of Supervisors of Orange County, California
APPROVED AS TO FORM:
LAURENCE M. W TSON, C EF ASSISTANT COUNTY COUNSEL
r
DATED: -c—
Geoffrey t, Depu
CITY OF SAN JUAN CAPISTRANO
DATED. January 2, 1996 By:
Wyatt HartLj Mayor
ATTEST:
ClzeryI7ohnso Ci lerk
APPROVED AS TO F RM:
,�, 0 R, DATED:
Richard Denhalter, City Attorney of the
City of San Juan Capistrano, California
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EMYIRONMENI'AL MANAGEMENT AGENCY
PROPOSED SOUND BERM
LOCATION MAP @ LA PATA AVENUE
SCUE : V-30c(r TWWS GUIDE :97U4 - 952H5
Attachment A
County of Orange,OC Waste&Recycling
City of San Juan Capistrano
AMENDMENT NUMBER TWO TO
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF SAN JUAN CAPISTRANO AND
THE COUNTY OF.ORANGE
REGARDING THE PRIMA DESHECHA LANDFILL
This "Amendment" to the Memorandum of Understanding between the City of San Juan
Capistrano and the County of Orange Regarding the Prima Deshecha Landfill dated September 126', 1995,
as amended by that certain First Amendment to the Memorandum of Understanding between the
City of San Juan Capistrano and the County of Orange regarding the Prima Deshecha Landfill,
dated November 21, 1995, collectively the "Agreement", is entered into upon execution of all
necessary signatures between the County of Orange, a political subdivision of the State of California,
through its OC Waste&Recycling department("County")and the City of San Juan Capistrano,a General
Law city of the State of California("City"). County and City may sometimes be referred to as"Parties."
RECITALS
WHEREAS, County and City entered into the original Memorandum of Understanding on
September 12th, 1995 for the purpose of establishing duties and procedures regarding the importation of
tonnage at the Prima Deshecha Landfill and other matters of mutual concern; and
WHEREAS, County and City entered into the First Amendment to the Memorandum of
Understanding on November 21, 1995 regarding the cooperative building of a berm to buffer the noise and
view of vehicles traveling to the Prima Deshecha Landfill;and
WHEREAS, County and City have negotiated to provide City with additional compensation as
consideration for the impacts on the City due to County's continued importation of solid waste from outside
of Orange County and delivery of in-County waste;
NOW, THEREFORE, in consideration of the premises hereto and the mutual covenants and
agreements set forth herein,the Parties agree as follows:
1. The following will be added to the end of Section LE of the Agreement:
4.The County will work jointly with the City to identify revised hauling routes and evaluate
- County's enforcement options for compliance with the provisions of this Section.
2. Section 3 of the Agreement shall be deleted and replaced in its entirety with the following
language:
Through June 39=2016: Per Ton Importation Fee
The County will pay to City an importation fee of$1.16 per ton for each ton of Out-of-County
Waste deposited in the Landfill.
BeQinuina July 1,2016:Per Ton Importation Fee
The per-ton host fee for importation will follow the per-ton host fee for in-County waste.
Beginning July 1,2016,the County will increase the per-ton host fee for importation from the
current$1.16 per ton to$1.50 per ton for waste imported from outside the County and accepted
at Prima Deshecha Landfill, excluding exempt waste and soil. The per-ton host fee will be
Execution Copy Page 1 of 3
County of Orange,OC Waste&Recycling
City of San Juan Capistrano
paid to the City on a quarterly basis beginning with the July 1-September 30,2016 quarter,
and payable forty-five days after the end of each quarter. Payment will be based on actual
tonnage levels.
Beeinniag July 1,2015:Per Ton In County Host Fee
Beginning July 1,2016,the County will pay to City$1.50 per ton of waste accepted at Prima
Deshecha Landfill,excluding(i)exempt waste and soil, (ii)imported waste,and(iii) City of
San Juan Capistrano-generated waste. The per-ton host fee will be paid to the City on a
quarterly basis beginning with the July 1-September 30,2016 quarter,and payable forty-five
days after the end of each quarter.Payment will be based on actual tonnage levels.
Bep nnina,lulu 1,2016:Environmental Education Fundin
Effective July 1,2016,coterminous with the City's WDA,the County will find environmental
education programs to be developed cooperatively between City and County staff up to a cost
of$25,000 per fiscal year.
3. Parties agree to enter into good faith negotiations related to the pending solid waste facility
permit revision for the extension of operations at the Zone 1 and Zone 4 of the Prima Deshecha
Landfill,with negotiations to be completed by June 30,2017.
4. This Amendment shall not become effective except upon the execution by County of the
Amendment to the Waste Disposal Agreement between the County of Orange,California and
the City of San Juan Capistrano Dated May 5,2009,which extends that agreement until June
30,2025.
5. Except as explicitly amended herein, all remaining terms and conditions of the Agreement
shall remain in full force and effect.
[SIGNATURE PAGE FOLLOWSJ
Execution Copy Page 2 of 3
County of Orange,OC Waste.&Recycling
City of San Juan Capistrano
IN WITNESS WHEREOF,the Parties acknowledge that they have read this Amendment and agree
to be bound by its tenns. Each party has full power and authority to enter into this Amendment, and the
person signing this Amendment on behalf of each is properly authorized and empowered to do so.
COUNTY OF ORANGE
Date 2sh By XkZ=3LI�
Dylan,Wrigl Director, OC Waste &Recycling
CITY OF SANWJUANTCAPRANO
Date l� By
B° amin Si a
APPROVED AS TO FORM: APPROVED AS TO FORM:
COUNTY COUNSEL GENERAL COUNSEL
ORANGE COUNTY, CALIFORNIA CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA
By B
Jams Steinmann, Deputy JefjChy'
ity Attorney
A1f
By
Ma 'lerk
Execution Copy Page3 of 3