16-0419_ORANGE, COUNTY OF_Amd No. 2 to Memorandum of UnderstandingCounty 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 12*, 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, Cormty and City entered into the original Memorandum of Understanding on
September 12* 1995 for the purpose of establishing duties and procedures regarding the importation of
toimage 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 Coimty 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 1 .E 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 30, 2016: Per Ton Importation Fee
The Coimty will pay to City an importation fee of $ 1.16 per ton for each ton of Out-of-County
Waste deposited in the Landfill.
Beginning Julv 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 fi-om 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
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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
toimage levels.
Beginning Julv 1, 2016: Per Ton In-Countv 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.
Beginning Julv L 2016: Environmental Education Funding
Effective July 1,2016, coterminous with the City's WDA, the County will fund 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 FOLLOWS]
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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 terms. 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
Dylan, Wrigm, Director, OC Waste & Recycling
APPROVED AS TO FORM:
COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
James Steinmann, Deputy
APPROVED AS TO FORM:
GENERAL COUNSEL
CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA
Maria Mor
U^
ity Attorney
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