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HomeMy WebLinkAboutMINUTES - 12152009 - C.94RECOMMENDATION(S): APPROVE the Preliminary 2010/2011 North Richmond Waste and Recovery Mitigation Fee Expenditure Plan which specifies recommended allocations of the revenue projected to be derived from collection of this Mitigation Fee in 2010/2011 to fund implementation of certain strategies (primarily existing strategies included in the 2008/2009 Expenditure Plan) as well as related staff costs incurred by City of Richmond and County for the development, implementation and oversight of the Expenditure Plan. FISCAL IMPACT: No impact to the County General Fund. The 2010/2011 North Richmond Waste and Recovery Mitigation Fee Expenditure Plan (see Exhibit A) is based on projected revenue from the mitigation fee charged on material and waste processed at the Bulk Material Processing Center (BMPC) located at the West Contra Costa Sanitary Landfill (WCCSL). A Memorandum of Understanding (MOU) between Contra Costa County and the City of Richmond requires that the mitigation fee revenue collected from the Operator (Republic Services) be paid to the County, held in a dedicated separate account and jointly administered for the benefit of the incorporated and unincorporated North Richmond area. Republic Services has projected that a total of $1,177,661 in mitigation fee revenue will be APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: D. Dingman, 925-335-1224 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: LaShonda_Wilson@ci.richmond.ca.us C.94 To:Board of Supervisors From:Catherine Kutsuris, Conservation & Development Director Date:December 15, 2009 Contra Costa County Subject:Preliminary 2010/2011 North Richmond Waste and Recovery Mitigation Fee Expenditure Plan generated in calendar years 2010 and 2011. BACKGROUND: The Waste & Recovery Mitigation Fee was established as a result of the Environmental Impact Report (EIR) dated November 2003 for the WCCSL Bulk Materials Processing Center (BMPC) and Related Actions (Project). The Project involved new and expanded processing and resource recovery operations on both the incorporated and unincorporated area of the Project site, which the EIR concluded would impact the host community. To mitigate this impact Mitigation Measure 4-5 called for a Mitigation Fee to benefit the host community, described as follows: “Mitigation Fee. The facility operator shall pay a Mitigation Fee of an amount to be determined by the applicable permitting authority(ies) to defray annual costs associated with collection and disposal of illegally dumped waste and associated impacts in North Richmond and adjacent areas. The mitigation fee should be subject to the joint-control of the City and County and should be collected on all solid waste and processible materials received at the facility consistent with the existing mitigation fee collected at the Central IRRF.” In July 2004, the City of Richmond and Contra Costa County entered into a Memorandum of Understanding (MOU) agreeing to jointly administer Mitigation Fee monies collected from the BMPC for the benefit of the incorporated and unincorporated North Richmond area. The MOU requires that the mitigation fee revenue collected from the Operator (Republic Services) be paid to the County and held in a dedicated separate account. The North Richmond Waste & Recovery Mitigation Fee Joint Expenditure Planning Committee was formed pursuant to the terms of the MOU for the specific purpose of preparing a recommended two year Expenditure Plan. The Committee consists of three Richmond City Council persons, two North Richmond Municipal Advisory Council members, one incorporated North Richmond resident and County Supervisor John Gioia. This Expenditure Plan provides a means to jointly administer the Mitigation Fee revenue for the benefit of the host community, as described in the EIR. Committee staff began implementation of the Expenditure Plan after final approval was granted. It is recommended that most of the Expenditure Plan strategies included in the 2008/2009 Plan be continued through the next two-year funding cycle. The Preliminary 2010/2011 Expenditure Plan includes some strategies that must be approved before the close of 2009 in order to avoid gaps in service. The North Richmond Waste and Recovery Mitigation Fee Joint Expenditure Planning Committee voted to recommend that the City of Richmond City Council and the Contra Costa County Board of Supervisors approve the Preliminary 2010/2011 Expenditure Plan on October 26, 2009 (Exhibit A). There are three existing expenditure plan strategies which are intended to be carried through fall 2010 using 2008/2009 funding allocations. Staff will coordinate another Committee meeting in early 2010 for consideration of recommended funding amounts for these items as well as possibly new strategy recommendations which would be incorporated into an amended Expenditure Plan. The amended 2010/2011 Expenditure Plan would be considered before the Board of Supervisors and Richmond City Council in early 2010. The City and County can not afford to significantly subsidize costs associated with staffing of this Committee and the development, implementation and oversight of the 2010/2011 Expenditure Plan. Therefore, the preliminary 2010/2011 Expenditure Plan allocates funding in the amount of $100,000 for the City’s and County’s administrative staff costs related to the development, implementation and oversight of the 2010/2011 North Richmond Waste & Recovery Mitigation Fee Expenditure Plan. This funding will only be used to reimburse City and County for actual staff costs directly resulting from staffing this committee and for the development, implementation and oversight of the 2010/2011 Expenditure Plan. Staff has included the recommended allocation of $100,000 in the proposed 2010/2011 Expenditure Plan and budget attached. ATTACHMENTS Exhibit A: Preliminary 2010/2011 Expenditure Plan North Richmond Waste & Recovery Mitigation Fee Preliminary 2010/2011 Expenditure Plan INTRODUCTION The Waste & Recovery Mitigation Fee was established as a result of the Draft Environmental Impact Report (EIR) dated November 2003 for the WCCSL Bulk Materials Processing Center (BMPC) and Related Actions (Project). The Project involved new and expanded processing and resource recovery operations on both the incorporated and unincorporated area of the Project site, which the EIR concluded would impact the host community. To mitigate this impact Mitigation Measure 4-5 called for a Mitigation Fee to benefit the host community, described as follows: “Mitigation Fee. The facility operator shall pay a Mitigation Fee of an amount to be determined by the applicable permitting authority(ies) to defray annual costs associated with collection and disposal of illegally dumped waste and associated impacts in North Richmond and adjacent areas. The mitigation fee should be subject to the joint-control of the City and County and should be collected on all solid waste and processible materials received at the facility consistent with the existing mitigation fee collected at the Central IRRF.” In July 2004, the City of Richmond and Contra Costa County entered into a Memorandum of Understanding (MOU) agreeing to jointly administer Mitigation Fee monies collected from the BMPC for the benefit of the incorporated and unincorporated North Richmond area. This North Richmond Waste & Recovery Mitigation Fee Joint Expenditure Planning Committee (Committee) was formed pursuant to the terms of the MOU for the specific purpose of preparing a recommended two year Expenditure Plan. This Expenditure Plan provides a means to jointly administer the Mitigation Fee funding for the benefit of the host community, as described in the EIR. The Expenditure Plan is subject to final approval of the Richmond City Council and the Contra Costa County Board of Supervisors. BUDGET The funding allocations shown on the attached Budget Table were developed based on revenue estimates with multiple variables (e.g. number of tons of recovered materials vs. solid waste, per ton gate rate charged and amount of CPI-adjusted per ton Mitigation Fee). Revenue projections may deviate from those provided by Republic and used to prepare this Budget. It is likely that some adjustments will be necessary to accommodate variations between estimated and actual revenue as well as disparity between estimated and actual costs for non-fixed cost strategies. Adjustments may be needed due to under-utilization of a particular program if estimated expenditure was based on per unit cost. If the number of units allocated to a particular line item is not exhausted, the remaining funding would need to be redistributed within that expenditure category. This Expenditure Plan has been designed to maximize administrative efficiency. The Budget includes some line items that are based on fixed costs, however to provide flexibility other line items can be adjusted if needed. This Expenditure Plan authorizes Staff to make adjustments for certain line items if needed to account for budget shortfalls or overages. This flexibility will allow the City and County to avoid the delays and costs associated with amending the Expenditure Plan. Additional amendments would only be proposed by Staff if absolutely necessary which will require Staff to convene this Committee as well as seek the approval of the City Council and Board of Supervisors. #Expenditure Plan (EP) Strategy 2008-2009 EP Amounts Preliminary 2010-2011 Budget (Phase 1) 1 Bulky Item Pick-ups & Disposal Vouchers 12,500$ 2,000$ 2 Neighborhood Clean-up Events 25,000$ -$ 3 Community Services Coordinator 144,262$ 144,262$ 4 Bilingual Outreach Services Coordinator 56,000$ 56,000$ 5 North Richmond Green Outreach 50,000$ 8,000$ 6 City/County Pick-up from Right-of-Way 120,000$ 70,000$ 7 Code Enforcement 313,504$ 258,000$ 8 Graffiti Abatement 58,240$ 20,000$ 9 Law Enforcement (Investigation & Patrols)274,808$ 375,000$ 10 Surveillance Camera System 260,000$ 10,000$ 11 Illegal Dumping Prosecutor 65,149$ 65,149$ 12 Parks Rehabilitation Initiative 175,000$ 19,250$ 13 Capital Improvement Projects 103,707$ -$ 14 North Richmond Community-Based Projects 50,000$ Committee Administration/Staffing 100,000$ 100,000$ Total Projected Revenue 1,361,456$ 1,177,661$ Total Expenditure Plan Budget for above Strategies*1,750,670$ 1,177,661$ * Total 2008/09 budget amount ($2,308,132) based upon the amount of funding projected to be received in 2008/2009 ($1,361,456) + actual funding received & not spent under the 2006/2007 Expenditure Plan ($946,676). ABOVE AMOUNTS RESULT IN FUNDING SPLITS OF… 2010/2011 Budget (Phase 1) Staffing 8.49%100,000$ Prevention & Education 17.85%210,262$ Abatement & Enforcement 67.77%798,149$ Community Investment 5.88%69,250$ 100.00%1,177,661$ Prevention & EducationAbatement & EnforcementCommunity2010/2011 Preliminary Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee D:\Illegal Dumping\BMPC Mitigation Fee Committee\2010-2011 Exp Plan\ 2010-2011 Prelim EP Budget for City-County Approval.xls Page 2 of 6 2010/2011 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee Page 3 of 6 DESCRIPTION OF STRATEGIES RECOMMENDED FOR FUNDING Funding allocations for each strategy is specified on the attached Budget Table. The funding allocation amounts are for the two-year Expenditure Plan period. PREVENTION & EDUCATION 1. Bulky Item Pick-ups & Disposal Vouchers Provide residents in the Mitigation Fee Primary Funding Area, who prove eligibility consistent with City/County procedures, with the option of choosing to: o request up to one on-call pick-up service per calendar year for bulky items that are not accepted in the current on-call clean-ups through Richmond Sanitary Service (RSS); must have an active account with RSS, or o request up to twelve $5 vouchers for disposal at Republic’s transfer station on Parr Blvd. per calendar year (vouchers expire after six months, Mitigation Fees only pay for vouchers that are actually redeemed). 2. Neighborhood Clean-ups Provide at least one neighborhood and/or creek clean-up event in the Mitigation Fee Funding Area; additional clean-up event may be scheduled as funding allows. 3. Community Services Coordinator Fund full-time Community Services Coordinator position to be staffed on a contract basis through a non-profit or public entity (including salary/benefits/overhead). 4. Bilingual Outreach Services Coordinator Fund a part-time Bilingual Outreach Services Coordinator (including salary/benefits/overhead) or the provision of translation services on a contract basis through a non-profit or public entity. 5. North Richmond Green Campaign Fund public relations campaign, including the purchase of education and outreach materials intended to: o inform the community about Mitigation funded programs/efforts, o increase participation in Mitigation funded programs/efforts, o reduce illegal dumping and blight in the Mitigation Fee Funding Area, and o promote beautification in the Mitigation Fee Funding Area. 2010/2011 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee Page 4 of 6 ABATEMENT & ENFORCEMENT 6. City/County Pick-up from Right-of-Way Fund consolidated pick-up program (including personnel, mileage, administrative costs and equipment rental as needed) for illegal dumping in the public right-of- way located within the unincorporated & incorporated Mitigation Fee Primary Funding Area to remove items not collected by the designated RSS Hot Spot Route crew. 7. Code Enforcement Staff Fund full-time County code enforcement position (including salary/benefits and related vehicle and equipment costs), to assist with vacant/abandoned lot abatements and fencing as well as other health/building/zoning violations related to illegal dumping and blight throughout the incorporated & unincorporated Mitigation Funding Area. 8. Graffiti Abatement Fund consolidated graffiti abatement program (including personnel, mileage, administrative costs and purchase/rental of equipment and materials) for graffiti on public property and/or visible from the public right-of-way located within the unincorporated & incorporated Mitigation Fee Primary Funding Area. 9. Illegal Dumping Law Enforcement (Investigations & Patrols) Fund approximately 94% of the equivalent of a full-time Sheriff Deputy (including salary/benefits, overtime, uniform and related cell phone, equipment, and vehicle costs) to assist with law enforcement investigations and patrols to combat illegal dumping within the Mitigation Fee Primary Funding Area. 10. Surveillance Cameras Fund the purchase of cameras, camera infrastructure, and costs related to maintenance, repair & relocation of surveillance camera program equipment within the Mitigation Fee Primary Funding Area to target specific locations where illegal dumping occurs most regularly. 11. Illegal Dumping Prosecutor Fund quarter-time of community prosecutor position in order to ensure some time can be dedicated to prosecuting cases for violations that occur within the Mitigation Fee Primary Funding Area with special emphasis on instances of commercial dumping as well as other quality of life issues (e.g. alcohol abatement, environmental crimes). 2010/2011 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee Page 5 of 6 COMMUNITY INVESTMENT 12. Parks Rehabilitation Initiative Fund various park and related projects and maintenance at Third Street Ballfield, Shields-Reid Park and other areas within the Mitigation Fee Primary Funding Area. 13. Capital Improvement Projects Fund various capital improvement projects1, including infrastructure and creek related improvements, within the Mitigation Fee Primary Funding Area. Projects could include but are not limited to: o Street & sidewalk improvements at railroads and railroad crossings o Beautification and/or structural enhancements to the exterior of specific community identified structures o Lighting o Street medians o Creek-related improvement or rehabilitation 14. North Richmond Community-Based Projects Fund the development, implementation and oversight of a variety of community- based projects1 with specific focuses on anti-littering, environmental stewardship, blight reduction and/or beautification (including personnel/labor, administrative oversight, materials, equipment and related maintenance costs). Rather than funding stipend programs separately (including stipends, administrative oversight and related materials/equipment), new community-based projects/programs should include component for stipends, where appropriate, to pay local youth and/or other community members for assisting with illegal dumping prevention/abatement or beautification activities within the Mitigation Fee Primary Funding Area. Community-Based Projects could include but are not limited to: o Neighborhood Landscaping & Gardening Projects o Greening Project o Community Art Programs (e.g. Tile Art, Murals or Safe Routes/Popsicle Project) o Mentorship Programs The process for soliciting and potentially allocating funding for Community-Based Project proposals is recommended to be undertaken to prepare recommendations for consideration by the Committee in early 2010 during 1 At the October 2009 meeting, the Committee voted to modify Strategies 13 and 14 as needed so that when the Expenditure Plan is amended to incorporate remaining 2008-2009 Mitigation Fee funding (during Phase 2 in early 2010), up to $103,707 of the potential funding to be allocated to Strategy 13 may be used to cover costs associated with the rehabilitation of the Eco-1 Educational Center (Housing Authority building) that has been proposed by the Neighborhood House of North Richmond (NHNR) and up to an additional $38,610 of future allocations made to Strategy 14 to fund up to half of the cost of stipends paid to North Richmond residents for time spent assisting Eco Academy building and site rehabilitation (includes work and training). However, this funding was only to be made available for this proposed project contingent upon receipt of the grant amount that NHNR has requested from Chevron for the “North Richmond Eco Academy Project.” Subsequently, in early December 2009 Chevron announced their selected grant recipients which did not include NHNR. 2010/2011 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee Page 6 of 6 Phase 2 (to include the allocation of remaining 2008-2009 Mitigation Fee funding to listed strategies within the Expenditure Plan). STAFF COSTS Due the staff time necessary for staffing this committee and Expenditure Plan development, administration, oversight and implementation, $100,000 is allocated to accommodate staff costs for both the City and County for calendar years 2010 and 2011. D:\Illegal Dumping\BMPC Mitigation Fee Committee\2010-2011 Exp Plan\2010-11 Prelim Exp Plan for City-County Approval.doc