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HomeMy WebLinkAboutMINUTES - 09081992 - 2.5 g , TO: BOARD OF SUPERVISORS FROM: PHIL BATCHELOR COUNTY ADMINISTRATOR VAL ALEXEEFF, DIRECTOR GROWTH MANAGEMENT & ECONOMIC DEVELOPMENT AGENCY DATE: SEPTEMBER 8, 1992 SUBJECT: LANDFILL MITIGATION FEES - POLICIES, PROCEDURES AND PROGRAMS SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1. ACCEPT testimony. 2. ADOPT Landfill trust fund programs with appropriate revisions for Fiscal Year 1992-93. 3. ESTABLISH deadline for requests for consideration for Fiscal Year 1993-94 to be March 1, 1993. CONTINUED ON ATTACHMENT: X_YES SIGNATURE: r _RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMENDATION OF BOARD COMMITTEE —APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ON 99a APPROVED AS RECOMMENDED XOTHER� The Board ACCEPTED testimony on the Landfill Mitigation fees - Policies, Procedures, and Programs; ADOPTED the landfill trust fund programs as amended for Fiscal Year 1992-93; and ESTABLISHED March.!, 1993 as the deadline for requests for consideration for the Fiscal Year 1993-94. See Addendum to Item 2.5 attached. VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A _UNANIMOUS(ABSENT ) TRUE AND CORRECT COPY OF AN AYES:I r IIL' NOES: _Zr Y171 ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED .-Z PHIL WATCHELOR,CLERK OF mittees.bo THE BOARD OF SUPERVISORS C nnaet: Val Alexeetf(646-1620) AND COUNTY ADMINISTRATOR CC: County Administrator County Counsel BY DEPUTY GMEDA Deparbuents ADDENDUM TO ITEM 2. 5 FROM THE SEPTEMBER 8 , 1992 AGENDA Val Alexeeff, Director of the Growth Management and Economic Development Agency, advised that the Board, on August 11, 1992, had considered a series of programs for use of the Keller Canyon Landfill Mitigation Fees, and had put the matter on today to provide an opportunity to receive testimony. He noted that a letter was received from the West Contra Costa Integrated Waste Management Authority, and that staff recommends that the program for this year be adopted and that the West Contra Costa Integrated Waste Management Authority' s comments be considered for the following funding cycle; and that the Finance Committee had discussions on the direction of the community assistance trust fund mitigation and has a recommendation on that. Supervisor Torlakson advised that the Finance Committee had deliberated and agreed in principal with combining items 4 and 5 under Community Assistance Trust Fund (page 4 of this document) , to indicate the Pittsburg/West Pittsburg greater area, and agreed that further criteria be developed, and that there be discussions with staff before implementing the various requests, or analyzing them further. Supervisor Torlakson also noted that the Committee had considered the general issue of cash flow, knowing that not all these dollars are in the account at this time, and they are not even totally predictable in terms of what the total volume would be, and that is an issue for further discussion. Supervisor Schroder advised that he was under the impression that the policy was adopted by the Board is to preserve prime agricultural lands, and that that could be anywhere in the County, not necessarily in the West Pittsburg area. Supervisor McPeak confirmed that was the intent. Supervisor Schroder further advised that he was under the impression that the policy was adopted by the Board because of the landfill potential in East County, not the landfill potential in West Pittsburg. He inquired if the Committee considered a sunset clause on the mitigation fees, or an annual review so the fees did not go on forever whether they are needed or not. He declared his objection to Central County rate payers funding the mitigation trust funds. Supervisor Fanden noted her objections to the $2, $2 and $2 mitigation fees, stating that she did not see what they had to do with the issue of collecting garbage. She stated that she felt the fees had gotten way out of hand, and she would not support the recommendation in any way, shape or form. Board members discussed further the use of and justification for the mitigation fees. The following members of the public appeared and commented: Leanne Nelson for Joe Tanner, City of Pleasant Hill; Dorothy Sakazaki, 737 Central Avenue, Martinez representing the Mt. View Sanitary District; Avon Wilson, 4437 Imhoff Place, Suite 4, Martinez, representing the Contra Costa Solid Waste Authority; Rev. Curtis A. Timmons, P. O. Box 8213 , Pittsburg, representing the Interdenominational Ministerial Alliance of Pittsburg, the Black Political Association of Pittsburg and the NAACP, Pittsburg Branch; Frank Aiello, 2247 Mt. Whitney, Pittsburg, representing Citizens United, who offered alternatives for use of the funds which he stated he understood are supposed to offset potential problems arising from being host to the landfill: t 1. To hire more help in the Health Services Department to ensure proper monitoring of all -industrial companies in the County so that they comply with all standards. 2 . To keep a year-round homeless shelter in the Pittsburg or West Pitsburg or Antioch area to help the homeless. 3 . To give more money to the youth organizations to give our children an alternative other than being on the streets. 4 . To help subsidize high school sports in the County for those who cannot pay to play. 5. To reopen a sheriff ' s substation in West Pittsburg to cut down on the crime and make that area a safer place to live. Mr. Aiello also urged the County to move swiftly to start the property evaluation study for the homes targeted by Sonoma State. Ron Currie, Mayor of the City of Pittsburg, referred to comments by the City of Pittsburg which he filed as backup material to a letter previously submitted by the City. Mr. Alexeeff advised that with respect to the property valuation study, it was his understanding that the scope of the study has been developed and he will be coming back to the Board at the next meeting With an update of the study. Supervisor Torlakson commented that the Committee is recommending that the trust fund be changed to a more generic form, lumping together the youth/recreation and other community needs, including the kinds that Rev. Timmons brought to the Board' s attention. He noted that it was his understanding that for this year, the County has only received a formal request for host community or community assistance funds under the ordinance from the West Pittsburg Municipal Council and from the West Pittsburg Ambrose Park Recreation District, and that he hoped that the issues are swiftly resolved with the City of Pittsburg regarding the landfill, and that as they apply for host community mitigations funds in the future, they would be given consideration, but that is not the situation this year. He noted that the Committee is prepared to go ahead today just changing that one item to combine numbers 4 and 5 under Community Assistance Trust Fund to make it more generic. As recommended by Supervisor Torlakson, IT IS BY THE BOARD ORDERED that recommendations and report before the Board today is APPROVED, with the modification that items 4 and 5 under Community Assistance Trust Fund be combined and referred to as mitigation funds for youth and other community needs for the greater Pittsburg mitigation area. Supervisors Fanden and Schroder voted no. BACKGROUND/REASONS FOR RECOMMENDATIONS On August 11, 1992, the Board of Supervisors considered a series of programs for use of Keller Canyon Landfill mitigation fees. One of the recommendations was the declaration of intent for the Board to act at its meeting on September 8, 1992. 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 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. 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 and to 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 Board'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 Finance 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 At its August 11, 1992 meeting, the Board considered staff's program proposal. The Board directed distribution of the program proposal to Cities, Sanitary Districts, EBMUD, and other interested parties for their consideration and comment at the September 8, 1992 Board meeting. 3 COUNTY ADMINISTRATOR'S OFFICE TRUST FUND PROGRAM PROPOSAL OPTIONS FOR DISCUSSION* Transportation Trust Fund 1. Road Improvements $300,000 - Bailey Road widening project 2. Roadside Litter Clean-up $180,000 - 2 crews 3. Route Restriction Enforcement $ 20,000 - Sheriff's Patrol TOTAL: $500,000 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 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 4. Youth Recreation $ 25,000 - funding for community teams and other recreation 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