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Home My WebLink AboutMINUTES - 05102011 - C.54RECOMMENDATION(S): APPROVE the Second Amended 2010/2011 North Richmond Waste and Recovery Mitigation Fee Expenditure Plan which specifies intended activities and respective dollar amounts to be funded with revenue projected to be derived from collection of this Mitigation Fee in calendar years 2010 and 2011 as recommended by the North Richmond Waste and Recovery Mitigation Fee Committee. FISCAL IMPACT: No impact to the County General Fund. The proposed 2010/2011 Second Amended North Richmond Waste and Recovery Mitigation Fee Expenditure Plan 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). The Expenditure Plan budget specifies funding allocations for each activity which together total $2,207,042 (based on $1,177,761 in projected 2010/2011 mitigation fee revenue estimated by Republic Services Inc., and $1,029,281 in unexpended revenue carried APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 05/10/2011 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 Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Matthew Kelley, 925-335-1238 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: May 10, 2011 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.54 To:Board of Supervisors From:Catherine Kutsuris, Conservation & Development Director Date:May 10, 2011 Contra Costa County Subject:Second Amended 2010/2011 North Richmond Waste and Recovery Mitigation Fee Expenditure Plan over from the 2008/2009 expenditure plan cycle). BACKGROUND: The North Richmond Waste & Recovery Mitigation Fee was established as a condition of approval in the Use Permits issued by City of Richmond and the County which allowed for expanded processing at the Bulk Materials Processing Center (BMPC) located on the West Contra Costa Sanitary Landfill site. This fee requirement originated in the Draft Environmental Impact Report (EIR) dated November 2003 for the 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, therefore necessitating a mitigation measure. To mitigate this impact, the EIR included Mitigation Measure 4-5 which stated: “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 revenue 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 BMPC operator be paid to the County and held in a separate dedicated account. The North Richmond Mitigation Fund Committee (NRMFC) was formed pursuant to the terms of the MOU for the specific purpose of preparing recommended two-year Expenditure Plans which are subject to final approval by the Contra Costa County Board of Supervisors and the Richmond City Council. The NRMFC consists of three Richmond City Council persons, two North Richmond Municipal Advisory Council members; one incorporated North Richmond resident and one County Supervisor (John Gioia). The two-year Expenditure Plans provide a means to jointly administer the mitigation fee revenue for the benefit of the host community, as described in the EIR. The 2010/2011 Expenditure Plan was developed in phases. The Preliminary 2010/2011 Expenditure Plan budget (Phase 1) only addressed the amount of mitigation fee revenue that the operator projected would be collected in calendar years 2010 and 2011. The Preliminary 2010/2011 Expenditure Plan was recommended for approval by the NRMFC at their meeting on October 26, 2009 and approved by the Richmond City Council and the Contra Costa Co. Board of Supervisors in December 2009. The Amended 2010/2011 Expenditure Plan and budget (Phase 2) addressed the allocation of additional funding being carried over from the 2008/2009 expenditure plan cycle. The Amended 2010/2011 Expenditure Plan was recommended for approval by the NRMFC at their May 3, 2010 meeting and approved by the Richmond City Council and Contra Costa Co. Board of Supervisors in June 2010. At their meeting on March 28, 2011, the NRMFC voted to recommend that the Richmond City Council and County Board of Supervisors approve the Second Amended 2010/2011 Expenditure Plan. The recommended changes would affect four previously approved strategies: Strategy 6 - City/County Pick-up from Right-of-Way; Strategy 7 - Code Enforcement Staff; Strategy 8 - Graffiti Abatement; and Strategy 14 - North Richmond Community Based Projects. Summary of Recommended Changes in Proposed Second Amended 2010/2011 Expenditure Plan REALLOCATION OF FUNDING FOR ADDITIONAL CODE ENFORCEMENT. Establish a new strategy "7B" to fund a full time, non-benefited Code Enforcement position at the City for the remainder of 2011. The new Code Enforcement position would address the increasing need for additional dedicated staffing to combat the recent rise in volume of code enforcement cases, within the incorporated section of the NRMF funding area. This position would be dedicated to handling cases in the incorporated portion of the NRMF funding area and would be funded using $35,000 reallocated from two other abatement strategies (Strategies 6 and 8) being administered by the City, as follows. A proposed reallocation of $5,000 would reduce the amount budgeted for "Strategy 6 – City/County Pick-up from Right-of- Way" to $70,000. This is not expected to compromise the City’s ability (under Strategy 6) to continue providing pick-up of illegal dumping in the right-of-way throughout the incorporated and unincorporated NRMF funding area for the remainder of 2011. In addition, $30,000 is proposed to be reallocated from Strategy 8; in order to avoid any potential impact to North Richmond resulting from the recommended reallocation of the entire amount ($30,000) budgeted for "Strategy 8 - Graffiti Abatement," the City of Richmond has agreed to continue covering the cost of providing graffiti abatement services throughout the entire NRMF funding area through 2011. 1. REALLOCATION FOR COMMUNITY BASED PROJECTS.The entire amount previously budgeted for Strategy 13 ($105,000) is recommended to be reallocated to Strategy 14 to fund Community Based Projects. During their July 2010 meeting, the NRMFC voted to recommend allocation of Strategy 13 funding ($105,000) to support Phase 2 of the "Eco-Academy project" proposed by Neighborhood House of North Richmond (NHNR). (This amount was in addition to the $70,000 previously budgeted for Phase 1 of the Eco-Academy under Strategy 14.) However in January 2011, NHNR advised the City of Richmond and Contra Costa County that their organization no longer intends to implement the Eco-Academy project. Consequently, a total amount of $175,000 previously intended to be used for the 2. Eco-Academy project became available for reallocation to other Community Based Projects. In order to provide an official framework within which to move forward with developing Community Based Project funding recommendations, this $175,000 is recommended to be categorized as Strategy 14 funding available for allocation. To ensure that all interested entities are afforded similar opportunities to participate and have their funding requests or proposals considered prior to making any recommended reallocation of this funding, the City and County intend to use an open solicitation process, similar to the process which was used to establish the funding allocations previously approved under Strategy #14 – Community Based Projects. CONSEQUENCE OF NEGATIVE ACTION: Each recommended Expenditure Plan must receive final approval from the County Board of Supervisors and the Richmond City Council. The changes in strategies to be funded and associated reallocation of funding amounts, as recommended by the NRMFC and scheduled for consideration by the Richmond City Council, could not take effect if the Board does not approve this Second Amended 2010/2011 Expenditure Plan. CHILDREN'S IMPACT STATEMENT: This Expenditure Plan amendment allows for reallocation of $175,000 in order to fund Community Based Projects, which would be selected based on results of a funding proposal solicitation process. One or more of the Community Based Projects that may ultimately be selected could provide services or programs that would benefit children in the North Richmond area. ATTACHMENTS NRWRMF 2nd Amended 2010/2011 Expenditure Plan NRWRMF Expenditure Plan Strategy 14 - NR Community Based Projects