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Home My WebLink AboutMINUTES - 05061997 - C46 BOARD OF SUPERVISORS5...L Contra �E... o„ FROM: COSta Phil Batchelor, County Administrator. County DATE: c?srA'cdir�I �P . May 6, 1997 SUBJECT: ALLOCATION OF'KELLER CANYON LANDFILL MITIGATION RESERVE SPECIFIC REQUEST($)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: 1. AUTHORIZE the release of $200,000 from the Keller Canyon Mitigation Reserve to the Community Development Department for allocation to the City of Pittsburg. 2. APPROVE the attached appropriation adjustment which executes the transfer of funds. BACKGROUND: ` On July 16, 1996, the Board of Supervisors authorized the allocation of$1.25 per ton of the Keller Canyon Landfill Mitigation fee to the City of Pittsburg beginning January 1, 1997. For the period of January 1, 1997 through June 30, 1997, the payment to the City of Pittsburg would be from the Keller Canyon Mitigation Reserve. Thereafter, the payment will come from the monthly payments received from the landfill operator (see attached Board Resolution). This Board order allows for the draw down from the Keller Canyon Mitigation Reserve for payment to Pittsburg for the period January 1, 1997 through June 30, 1997. CONTINUED ON ATTACHMENT: YES SIGNATURE: r RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE —UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD I ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED Contact: PHIL BATCHEL ,CLE K OF THE BOARD OF Cc: Val Alexeef ,f, GMEDA SUPERVISORS AND COUNTY ADMINISTRATOR Gary Malmgren, Auditor's Office City Manager, Pittsburg ' BY A DEPUTY R 1 DA THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on July 16, 1996, by the following vote: AYES: NOES: (See below for vote) ABSENT: ABSTAIN: SUBJECT: Keller Canyon Landfill Mitigation And Property Valuation The Board considered the recommendations presented by Phil Batchelor, County Administrator, and Val Alexeeff, Director, Growth Management and Economic Development Agency, regarding the Keller Canyon Mitigation Fees and property valuation as set forth in the report to the Board, copy attached and included as a part of this document. The following persons spoke: Nancy Parent, 64 EAth Street, Pittsburg; Butch Hansen, member, Chamber of Commerce, 298 Heron Drive, Pittsburg; Renee' Goldstein, representing Gary Yancey, Contra Costa County District Attorney's office; Ben Johnson, American Legion, 1120 Laurel, Pittsburg; Kathy Smith, General Services and John Cullen, Social Services; Frank Aiello, 1734 Bridgeview, Pittsburg; Mary Erbez, 163 Redondo Drive, Pittsburg; George Delacruz, member, Bay Point Municipal Advisory Council, 3569 Sharon Court, Bay Point; A.B. McNabney, Delta Environment Science Center and Mt. Diablo Audubon Society, 1161 Leisure Town #7, Walnut Creek; Janess Hanson, Sierra Club member, 431 Levee Road, Bay Point; Cyndee Nieves, Family Stress Center, 2086 Commerce Avenue, Concord; Stephen Barbata, Delta Environment Science Center, 86 Orchard Estates Drive, Walnut Creek; Patti Lambert, Ambrose Recreation and Park District, 3105 Willow Pass Road, Bay Point; Lance Dow, 2232 Concord Drive, Pittsburg; Joe Canciamilla, Mayor, City of Pittsburg, 2020 Railroad Avenue, Pittsburg; Ted Radke, East Bay Regional Park District, 834 Carquinez, Martinez; 1 Rosemary Cameron, East Bay Regional Park District, 2950 Peralta Oaks Court, Oakland; Jeff Kolin, City Manager, City of Pittsburg, 2020 Railroad Avenue, Pittsburg; Michael Woods, City Attorney, City of Pittsburg, 2020 Railroad Avenue, Pittsburg; Henry Clark, General Manager, Local #1, 5034 Blum Road, Martinez. All persons desiring to speak having been heard, the Board took the following actions: 1. RESOLVED to committ $1.25 per ton for the City of Pittsburg's Host Mitigation Fees relative to the Keller Canyon Landfill beginning January 1,1997; 2. DIRECTED that the Reserve Funds be used for the City of Pittsburg's Mitigation Fees from January 1, 1997 to July 1, 1997; 3. DIRECTED that to comply with the Countywide Solid Waste Plan, the City of Pittsburg's permit portion of the transfer station be completed within 35 days; 4. DIRECTED that within 35 days negotiations begin for a good neighbor agreement between the County, Browning Ferris Industries and the City of Pittsburg to include resolving issues dealing with air quality, the limitation and types of waste acceptable at the Keller Canyon Landfill, and the valuation issue, and that the subject be revisited in November 1996; 5. DIRECTED the funds (in Item 15 of Exhibit A) in the County Mitigation Program be utilized as Bay Point's Host Mitigation Fees; 6. DIRECTED that the Finance Committee and the East Bay Regional Park District Liaison jointly review future programs and areas of service delivery utilization, with a report to the Board of Supervisors on August 13, 1996. PASSED by the Board on July 16, 1996, by the following vote: AYES: Supervisors Rogers, DeSaulnier, Torlakson and Smith NOES: Supervisor Bishop ABSENT/ABSTAIN: None THE BOARD FURTHER ORDERED that the Finance Committee and Supervisor Torlakson meet with the City of Pittsburg and Browning Ferris Industries for further discussion; and continued to September 1996 the valuation issues, with a possible report to the Board on August 13, 1996. PASSED by the Board on July 16, 1996, by the following vote: AYES: Supervisors Rogers, Bishop, DeSaulnier, Torlakson and Smith NOES: None ABSENT/ABSTAIN: None 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: J ti 1 V 16 , 1 9 9 6 PHIL BATCHELOR,Clerk of the Board of Su crvisory Ad County Administrator By Barbara S. ant uty Clerk c.c.Supervisors County Administrator Director,GMEDA County Counsel Community Development City of Pittsburg 2 Contra To:. BOARD OF SUPERVISORS Costa FROM: Supervisor Tom Torlakson County DATE: July 16, 1996 SUBJECT: CONSIDER ADDITIONAL ACTIONS TO RESOLVE THE MATTER OF THE KELLER CANYON LANDFILL MITIGATION FUNDS AND THE PROPERTY VALUE COMPENSATION PROGRAM SPECIFIC REQUEST(S)OR RECOMMENDATION(S)AND JUSTIFICATION RECOMMENDED ACTIONS: I offer for consideration the following recommendations which were part of the recommendations of my June 4, 1996,report to the Board and the Finance Committee report of June 25, 1996: (1) Commit $1.25 of Mitigation Fees/Revenues to the City of Pittsburg starting in FY 1997-1998. This share will come from the current$3 per ton set aside for Keller Canyon Landfill mitigation programs. (2) Commit an additional $.50 for three years to make up for revenue the City of Pittsburg had anticipated from negotiations in the upcoming Fiscal Year 1996-1997. Start the first$.50 payment in this coming Fiscal Year 1996-1997. (3) Based on Sonoma State University Study unanimously agreed upon by the Board of Supervisors in March 1992 and unanimously accepted by the Board of Supervisors in October 1995, the Board of Supervisors makes a finding that a Compensation Program is NECESSARYAND JUSTIFIED. This finding should be made in context of Land Use Permit Condition 35.3, which directs the Board to conduct a study and then consider adoption of a compensation program. (4) Further, the Board of Supervisors establishes the method of payment to be made directly by BFI/ Keller Landfill (see #4, Page 2 of the June 25th Finance Committee Report). This direction is also made in the context of Condition 35.3 which directs the Board as follows: "The Landfill developer shall fund it(the study results identifying losses and reductions) in the manner specified by the Board" (5) Direct the Community Development Department, County Counsel, and the County Administrator's Office to finalize details of the Compensation Program and return to the Board on August 6th for final adoption of a payout plan -- again consistent with the direction in Condition 35.3. (See #3 of June 25th Finance Committee Report, Page 2, last paragraph.) The property owners, the City of Pittsburg and BFI are all to be thoroughly involved in the discussion leading to the staff report detailing the Compensation Program. A major goal of this direction is to implement the payout plan as soon as possible, and no later than September 1996. (See Page 2, last paragraph of June 25th Finance Committee Report.) An option should be considered of having this Compensation Program also in the context of a Good Neighbor Agreement. CONTINUED ON ATTACHMENT' X ES SIGNATURE: �LjyZ/(�/�G RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON APPROVED AS RECOMMENDED: OTHER: VOTE OF SUPERV S: UNANIMOUS(ABS T ) AYES: NOES: ABSENT: ABSTAIN* HEREBY CERTI HAT THIS IS A TRUE AND CORRECT COPY NAC TAKEN AND ENTERED ON THE MINUTES OF THE D OF SUPERVISORS ON THE DATE SHOWN. ATTESTED PHIL BATCHELOR, ERK OF THE BOARD OF SUPERVISORS AND CO ADMINISTRATOR BY DEPUTY Keller Canyon Landfill Mitigation and Property Compensation Program July 16, 1996 Page TWO (6) Take other actions as appropriate or as recommended by County Counsel on how to implement the intentions spelled out in LUP Condition 35.3 and in the quickest way possible to implement the payment program for compensation. (7) I agree with the Board of Supervisors that it is important to notify current and potential recipients of funds about the possible reduction in the Keller Canyon Landfill Mitigation Program as currently administered by the county. The following recommendations are my priorities for reductions that would occur in Fiscal Year 1997-98. I am prepared to identify the reductions at this time if that is the desire,of the majority of the Board, however, I also believe that the new Board may want to hold a hearing in six months or a year from now and make these decisions based on available information and resources in different funding areas at that time. Nonetheless, the following is my recommendation for reductions in the Keller Canyon Landfill Mitigation Program: Mitigation Department Program Amount of Category* Reduction 2. Open Space Community Development Wetlands Mitigation $ 15,000 5. Open Space Community Development Biodiversity 20,000 6. Open Space Agriculture Rodent Thistle 60,000 7. Open Space General Services Route Planting 100,000 8. Transportation General Services Roadside Litter 140,000 Clean-up 10. Transportation County Administration/Board Roadside Hazardous Clean-up 12,000 11. Transportation County Administration/Board Roadside Litter Clean-up(Fees) 22,000 12. Community General Services Property Clean-up 25,000 16. Community Library Pittsburg Library 32,000 TOTAL REDUCTIONS $426,000 *Numbering of category items corresponds with chart entitled,"Program Reduction Plan by Per Ton Charge Increments"attached to July 9,1996 Board Order (8) While the Board of Supervisors did away with the three original categories for mitigation and converted these to a general mitigation account reserves of $347,075 (unallocated) in the former "Open Space" category and possibly as much as $200,000 (unallocated) in the former "Transportation" category, I recommend no decision be made in allocating these funds until the exact method is determined for payment to property owners for property value losses or compensation. These funds could possibly be utilized in some way to help secure the "Good Neighbor Agreement"or in some way to resolve outstanding issues between the City of Pittsburg,BFI and Contra Costa County. TT:gro (� AUDI -CONTROLLER USE ONLY CONTRA COSTA COUNTY / FINAL ,APPROVAL NEEDED BY: APPROPRIATION ADJUSTMENT ® BOARD OF SUPERVISORS T/C 2 7 COJNTV ADMINISTRATOR BUDGET UNIT: ACCOUNT CODING 0357 Community Development ORGANIZATION EXPENDITURE SUB-ACCOUu EXPENDITURE ACCOUNT DESCRIPTION <ECRE INCREASE 100 100 0357 3580 Contribution to Other Agencies 1 200,000 1 I I I I I ' I I I 1 1 1 i 0990 6301 Reserve for Contingencies 200,000 I ' I 0990 6301 Appropriable Revenue I 200,000 ' I ' 1 ' I - I I I I ' I 1 I I I t I I • I 1 i I ' I i I I i I I I i. ' I I TOTALS ( I -j200,000 1 400,000 ! APPROVED EXPLANATION OF REQUEST AUDITOR-CONTROLLER Transfer $200,000 from the Keller Canyon Mitigation By: Date /�97 Reserve to Community Development to pay City of Pittsbur; $1.25 of the $3.00 mitigation fee from January through COUNTY AD INIST�R�A.TQOOR,, June 30, 1997, pursuant to Board Order of July 16, 1996. By: Date �7 BOARD OF SUPERVISORS SUPERVISORS ROGERS,UILKEMA, YES: GERBER,OESAULNIER,CANCIAMILLA NO: Na NE PIS Batchetor, awk at the&am of • &PniM OW COWty AdmanWraow Sp'. PY4 V-107 SLANATURE TITLE DATE By: I Dotes -� I APPROPRIATION Q POO 1 ADJ. JOURNAL N0. (M 129 Rev.2/88) 1 SEE INSTRUCTIONS ON REVERSE SIDE CONTRA COSTA COUNTY ESTIMATED REVENUE ADJUSTMENT T/C 24 ACCOUNT CODING BUDGET UNIT: 0005 General County Revenue IRCANIZATION ACCOUNT REVENUE DESCRIPTION INCREW <0ECR EASE> 100 IC 0005 8981 Fund Balance Available 200,000 1 i 1 1 I 1 I � I � 1 l 1 1 I I + 1 ! I ( I i I I I � I I I I � TOTALS 200,000 , APPROVED EXPLANATION OF REQUEST AUDITOR-CONTROLLER f. Mitigation Funds to Pittsburg By: Dote 1S9 COUNTY A MINISTR�AATTOOR BOARD OF SUPERVISORS SUPERVISORS ROGERS,UILKEMA, YES. GERBER,DESAULNIER,CANCIAMILLA wo: NoN-E Pftill Bathft, awk of the awd at SUPWAMnSW„_,_� AdMkW&Wi SIGNATURE TITLE DATE REVENUE ADJ. RAOO BV: Dote JOURNAL NO.