The URL can be used to link to this page

Home My WebLink AboutMINUTES - 08111992 - 2.3 f� � 3 - _ TO: BOARD OF SUPERVISORS Costa FROM: PHIL BATCHELOR � County COUNTY ADMINISTRATOR srd �oaK- VAL ALEXEEFF, DIRECTOR GROWTH MANAGEMENT & ECONOMIC DEVELOPMENT AGENCY DATE: AUGUST 11, 1992 SUBJECT: LANDFILL MITIGATION FEES - POLICIES, PROCEDURES AND PROGRAMS SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1. CONSIDER public testimony on the policy and procedures for allocation of the Keller Canyon Landfill Mitigation Fees. ' 2. ADOPT the policy and procedure on allocation of the Keller Canyon Landfill mitigation fees. 3. DIRECT the County Administrator and Director of GMEDA to distribute the attached "Trust Fund Program Proposal - Options for Discussion" to the cities, franchising agencies, West Pittsburg MAC, East Bay Regional Parks District and other interested parties for comment and review before the Board of Supervisors on September 8, 1992. 4. DECLARE the intent of the Board of Supervisors to act on landfill trust fund programs at its September 8, 1992 meeting. CONTINUED ON ATTACHMENT: _YES SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON 1 9 9 2.APPROVED AS RECOMMENDED g OTHER_ V VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS(ABSENT ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN:` MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED August 1 1 , 1992 PHIL BATCHELOR,CLERK OF mitfee2bos - THE BOARD OF SUPERVISORS Contact: Val Alexeeff(646-1620) ND AUNTYNISTRATOR CC: County Administrator l County Counsel BY a DEPUTY GMEDA Departments BACKGROUND/REASONS FOR RECOMMENDATIONS The Conditions of Approval for the Keller Canyon Landfill Land Use Permit establish a Transportation System Impact Fee and an Open Space and Agricultural Preservation Fee. The Transportation System Impact Fee is designed to mitigate the general impacts of the landfill on the County's road system. The Open Space and Agricultural Preservation Fee is designed to mitigate the impacts of the landfill on open space, existing and proposed recreational facilities and agriculture. In addition, the Board of Supervisors established a Community Assistance Mitigation Fee to help reduce the impact of the landfill on communities. Each of these fees is set at $2.00 per ton. Based on projected waste receipts of approximately 250,000 tons for FY 92-93, each fee will generate.;approximately $500,000. Revenue from each of these fees are being deposited into a segregated account to be used only for such purposes as approved by the Board of Supervisors. Use of the mitigation fees has been discussed with representatives of the cities, franchising agencies and the public at the Keller Canyon Landfill Rate Regulation Workshops. In addition, use of the fees has been discussed by the West Pittsburg Municipal Advisory Council (MAC). There appears to be basic concurrence on the need to establish overall policy and procedures on use of these funds. In addition, many ideas have arisen concern specific allocation of monies for certain projects. Overall Policies and Procedures: Policies: The mitigation fees shall be used to mitigate impacts from the existence and operation of the landfill consistent with conditions of approval, franchise agreements, and the policies adopted by the Board of Supervisors for�each trust fund. Monies may be allowed to accrue in the trust funds from year to year in order to accumulate sufficient sums to address major priority mitigation programs. The Board need not allocate any mitigation fees from the trust funds in any given year. Mitigation fees shall not be used to pay for improvements, projects, or programs that are the responsibility of the landfill owner/operator under the conditions of approval. Procedures: Annually, the Board shall initiate the approved procedures to seek public input for the allocation of monies in each trust fund. These procedures shall culminate with the issue being set for public input and action at a regularly scheduled meeting of the Board no later than October of each fiscal year. The Board may amend the adopted policies and procedures at a regularly scheduled public meeting for which the agenda item has been properly noticed. Transportation Mitigation Trust Fund: Policy: The Transportation Mitigation Fees shall be used to implement litter control and patrol programs and to repair road damage, enforce route restrictions, enhance public safety and protection and address congestion relief measures related to the transportation of waste to the landfill. Procedure: Annually, the Transportation Committee of the Board shall seek public input and consider the appropriate allocation of mitigation fees consistent with the above policy. The Committee may seek input from the Growth Management and Economic Development Agency(GMEDA),the Keller Canyon Citizens Advisory Committee (KCCAC), the Contra Costa Transportation Authority, and other parties as deemed appropriate. The Committee shall make its recommendations to the Board for final action. 2 9 ' Open Space and Agricultural Preservation Mitigation Trust Fund Policy: One half of the Open Space/Agricultural Preservation Trust Fund ($1.00/ton) shall be used for open space purposes, including acquisition of open space to replace the land being used for the landfill; control of pests and problem vegetation in open space and agricultural areas; beautification of open spaces with planting of native trees,wildflowers, and native grasses; activities to reduce dependence on landfills for waste disposal; and enhancement of recreational activities. i� The other half of this mitigation trust fund ($1.00/ton) shall be dedicated to the Agriculture and Soils Bank, as approved in concept by the Board. There is a need to fully protect half of the funds from this mitigation fee in order to ensure adequate resources to preserve prime agriculture soils in Contra Costa County andto prevent encroachment of growth into agricultural areas because of the location, existence, or operation of the landfill. This use of funds also mitigates the loss of agricultural uses on the property now being used for the landfill. Procedure: Annually, the Boar'd's Liaison Committee to the East Bay Regional Park District (EBRPD) shall seek input on appropriate open space needs and recommend to the Board of Supervisors expenditures and/or reserves of monies for specific open space acquisition, preservation and maintenance projects. The Board's Finance Committee shall undertake this responsibility, should the Liaison Committee not be, available. For the Agriculture and Soils Bank, the Board's Internal Operations Committee shall seek public input on policies and procedures for implementation/operation of the Bank for consideration by the Board by the end of 1992. Community Assistance Mitigation Trust Fund Policy: The use of Community Assistance Mitigation Fees shall be targeted for uses that offset the potential problems from being host to the landfill, other than those mitigations already provided for in the conditions of approval and landfill permits. The primary community impacted by the landfill is West Pittsburg. The Cities of Pittsburg and Concord may also be impacted from time to time. It should be noted that mitigations such as property valuation compensation,designated routes, and increased environmental protection ordered by the State Water Resources Control Board (valued at more than $1 million or the equivalent of$2.00 per ton for two years) have already been assured and are being paid for by the applicant and rate payers. These are real host community mitigations even though they are not to be'paid for by the $2.00/ton Community Assistance Mitigation Fee. Procedures: Annually,the Fina lnce Committee shall seek input from the West Pittsburg MAC and other appropriate parties, such as PRIDE and the Ambrose Recreation and Parks District Board of Directors,to develop recommendations! for consideration by the Board of Supervisors on allocation of the Community Assistance Mitigation Fee. Allocation of FY 92-93 Trust Funds Any final decision on programs"funded by FY 92-93 Trust Funds cannot be made prior to the receipt of public testimony, scheduled for September 8, 1992. Staff has developed a program proposal as a starting point for discussion of allocation options. ii r 3 i 4 COUNTY ADMINISTRATOR'S OFFICE TRUST FUND PROGRAM PROPOSAL OPTIONS FOR DISCUSSION* Transportation Trust Fund 1. Road Improvements $300,000 1. - Bailey Road widening project 2. Roadside Litter Clean-up $180,000 - 2 crews 3. Route Restriction Enforcement $ 20,000 - Sheriff's Patrol n TOTAL: $500,000 i Open Space/Agriculture Trust Fund 1. Open Space Rodent/Thistle Control $ 60,000 - Agricultural Biologist, plus materials 2. Open Space Beautification - Planting $100,000 Wildflowers, Trees, Grasses - 1 crew, plus materials 3. Agriculture/Soils Bank $250,000 - programs to be"identified through Internal Operations Committee public input process 4. Open Space/Park''Maintenance $ 90,000 - allocation to East Bay Regional 11 Parks District for 1 crew TOTAL: $500,000 Community Assistance Trust Fund 1. Code Enforcement $ 60,000 - Code Compliance Officer 2. Property Clean-up $ 90,000 - 1 crew 3. Patrol/Dumping and Litter Control $190,000 - Sheriff's Patrol I 4. Youth Recreation�y $ 25,000 - funding for community teams and other recreation r 5. Other West Pittsburg Mitigation $135,000 - to be determined in consultation with W. Pittsburg MAC, PRIDE, Ambrose Rec &''Park District Board of Directors and others TOTAL: $500,000 *Scheduled before the Board of Supervisors on September 8, 1992. 4