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HomeMy WebLinkAboutMINUTES - 05242011 - SD.5RECOMMENDATION(S): APPROVE the Keller Canyon Mitigation Fund Policies (Exhibit 1), as recommended by the Finance Committee. FISCAL IMPACT: No General Fund impact. All projects/programs are paid for from the Keller Canyon Mitigation Fund. BACKGROUND: In 1990, the Board approved the Keller Canyon Landfill land use permit and franchise agreement which included the establishment of three mitigation fees to mitigate general impacts of the landfill- generated traffic on the County's road system, the impacts of the landfill on open space, existing and proposed recreation facilities, and agricultural land, and to mitigate any general impacts of the landfill upon the surrounding community. The Keller Canyon Mitigation Fund (KCMF) process was established in August of 1992, and the first allocation occurred in November, 1992. In 1994, the Board amended APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 05/24/2011 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: Bob Calkins, 335-7220 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 24, 2011 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: SD.5 To:Board of Supervisors From:Finance Committee Date:May 24, 2011 Contra Costa County Subject:Finance Committee Recommended Actions in Response to the Auditor-Controller Report Concerning the Keller Canyon Mitigation Fund BACKGROUND: (CONT'D) the land use permit and the franchise agreement to combine these three mitigation fees, as well as to provide additional flexibility in the use of these funds, specifying that the fee shall be used by the Board in its sole discretion. On November 5, 2010, the County’s Auditor-Controller issued a report in response to several citizen allegations concerning the administration of the Keller Canyon Mitigation Fund (KCMF). The report (Attachment A) contained five recommendations on ways to improve the administration of the Fund. On February 7, 2011 the Auditor-Controller presented their report to the Finance Committee. On April 4, 2011 and May 2, 2011, the Committee considered recommended actions developed by the Department of Conservation and Development (Attachments B and C). At their meeting on May 2, 2011, the Finance Committee approved all of the the Recommended Actions as presented, and directed staff to prepare a KCMF Policies document (Exhibit 1) for consideration by the Board of Supervisors. CONSEQUENCE OF NEGATIVE ACTION: Not approving the proposed Keller Canyon Mitigation Fund Policies would conflict with the recommendations on ways to improve the administration of the Keller Canyon Mitigation Fund. CHILDREN'S IMPACT STATEMENT: Individual projects/programs to be approved at a later date by the KCMF Committee could have a positive impact on children's services in the target areas. CLERK'S ADDENDUM Speakers: Mae Cendana Torlakson, Ambrose Recreation and Park District; Steve Hoagland, Ambrose Recreation and Park District; Tarry Smith, Ambrose Recreation and Park District; Lloyd Mason, resident of Bay Point; Michael E. Kerr, resident of Bay Point. The following people did not wish to speak but left written comments for consideration (attached): Marcia Lessley; Anonymous; Anonymous (2); Anonymous (3). ADOPTED the recommendations proposed by the Finance Committee (see Exhibit 1), with item 1C amended to add " Allocation of Keller Canyon Mitigation Fund shall be consistent with the mitigation fee provisions of the Keller Canyon Landfill land use permit." and insert after this statement the language from section 35.8 (Conditions of Approval); DIRECTED financial reviews completed under Auditor-Controller's recommendation; and DIRECTED the review committee be in compliance with the County policy on nepotism. ATTACHMENTS Exhibit 1- Draft KCMF Policies Attachment A - Auditor-Controller Report Attachment B - Finance Committee Memo dated 3.30.2011 Attachment C - Finance Committee Memo dated 5.2.11