The URL can be used to link to this page

Home My WebLink AboutMINUTES - 04012008 - C.84 TO: ' BOARD OF SUPERVISORS nt a FROM: DENNIS M. BARRY, AICP - -;;_�^`�- . a Costa COMMUNITY DEVELOPMENT DIRECTOR 'ao �;�� County erq-------- DATE: April 1, 2008 SUBJECT: AMEND MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN CONTRA COSTA COUNTY AND THE CITY OF RICHMOND AND RELATED ACTIONS RELATED TO THE NORTH RICHMOND WASTE AND RECOVERY MITIGATION FEE COMMITTEE SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. AUTHORIZE the Chair of the Board of Supervisors to execute Amendment 1 to the Memorandum of Understanding (MOU) between Contra Costa County and the City of Richmond (Exhibit A) regarding 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) in North Richmond. 2. APPROVE proposed Bylaws for the North Richmond Waste and Recovery Mitigation Fee Joint Expenditure Planning Committee (Exhibit B). 3. APPOINT Luz Gomez as alternate to Supervisor John Gioia as the Contra Costa County Board of Supervisors representative on the North Richmond Waste and Recovery Mitigation Fee Joint Expenditure Planning Committee. 4. APPOINT Maricela Navarro as the alternate for the unincorporated North Richmond Municipal Advisory Council representatives on the North Richmond Waste and Recovery Mitigation Fee Joint Expenditure Planning Committee. 5. APPROVE the 2008/2009 Amended North Richmond Waste and Recovery Mitigation Fee Expenditure Plan (Exhibit C). FISCAL IMPACT No impact to the County General Fund. The MOU between the 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. Mitigation fee revenue generated in calendar years 2008 and 2009 will be used to fund the strategies identified in the 2008/2009 Amended North Richmond Waste and Recovery Mitigation Fee Expenditure Plan. n CON INUED ON ATTACHMENT: X YES SIGNATURE _ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD C MMITTEE , Z—APPROVE _ OTHER SIGNATURE (S): ACTION OF BO ON I �a00% APPROVED AS RECOMMENDED _ O HER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND J UNANIMOUS (ABSENT .1 ) CORRECT COPY OF AN ACTION TAKEN AND AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. Contact: Deidra Dingman (925/335-1224) ATTESTED cc: County Administrator JONN CULLEN, CLERK OF Community Development Department (CDD) THE BOARD OF SUPERVISORS County Counsel AND COUNTY ADMINISTRATOR City of Richmond BY , DEPUTY C:\DOCUME-1\bmelton\LOCALS-1\Temp\notesBAAA25\BO-Mitigation Fee Committee Actions_4-1-2008.doc ACTIONS RELATED TO THE NORTH RICHMOND WASTE AND RECOVERY MITIGATION FEE COMMITTEE April 1, 2008 Page 2 BACKGROUND/REASONS FOR RECOMMENDATIONS The Waste & Recovery Mitigation Fee was established as a result of the Environmental Impact Report (EIR)for the WCCSL Bulk Materials Processing Center(BMPC) project that was approved in 2004. In July 2004, the City of Richmond and Contra Costa County entered into an 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 also defines the composition of the committee responsible for developing recommendations for expenditures of the Mitigation Fee. :The North Richmond Waste and Recovery Mitigation Fee Joint Expenditure Planning Committee (Mitigation Fee Committee) was formed in December 2005 pursuant to the terms of the MOU for the specific purpose of preparing recommended two-year Expenditure Plans. These Expenditure Plans provide a means to jointly administer the Mitigation Fee funding for the benefit of the host community, as described in the EIR. MOU Amendment, Committee Bylaws & Committee Member Alternates Since the formation of the Mitigation Fee Committee, there has been a significant fall in attendance. Less than half of the Committee members were in attendance at the last two meetings in 2007 and therefore quorums were not achieved. The lack of a quorum hindered the Committee's ability to officially vote on the Preliminary 2008/2009 North Richmond Waste and Recovery Mitigation Fee Expenditure Plan prior to approval by the Richmond City Council and the Contra Costa County Board of Supervisors and could potentially hinder future actions related to this or subsequent Expenditure Plans. At their meeting in February 2008, the Mitigation Fee Committee recommended that the Richmond City Council and County Board of Supervisors take any official actions necessary to designate alternates for their appointed committee member seats. At that meeting the Committee also approved recommended Bylaws that provide for designation of alternates as well as allow for removal of Committee members due to multiple absences. The proposed Amendment 1 to the MOU provides the Richmond City Council and County Board of Supervisors with the authority to appoint alternates. These Committee Bylaws and related MOU Amendment are being recommended for approval by the Richmond City Council and County Board of Supervisors. 2008/2009 Expenditure Plan The first two-year expenditure plan which the Mitigation Fee Committee recommended for approval identified funding allocations for Mitigation Fee revenue collected in 2006 and 2007. This 2006/2007 Expenditure Plan was approved by the Richmond City Council and the County Board of Supervisors at their meetings on September 12, 2006 and was later amended in March 2007 to allow for more effective implementation of certain strategies. City and County staff to the Committee prepared and presented the Preliminary 2008/2009 Expenditure Plan for consideration by the Committee at their meeting on November 19, 2007 which identified proposed funding allocations for those existing strategies which could not be continued without official action;prior to end of calendar year 2007. Committee members present at that meeting were conceptually supportive of the recommendations, but due to the lack of a quorum were not able to officially approve the Preliminary 2008/2009 Expenditure Plan. In order to avoid gaps in service at the close of the 2006/2007 funding cycle, Committee staff was encouraged to schedule consideration of the 2008/2009 Preliminary Expenditure Plan before the Richmond City Council and County Board of Supervisors. The City Council and Board of Supervisors approved the Preliminary Expenditure Plan at their meetings on December 4, 2007. The 2008/2009 Amended Expenditure Plan being recommended for approval was approved by the Committee at their meeting on February 28, 2008. Funding allocated in the 2008/2009 Amended Expenditure Plan totals $2,308,132 which would fund most of the strategies included in the 2006/2007 Expenditure Plan as well as some new strategies. The 2008/2009 Expenditure Plan also includes funding allocation for City and County costs associated with staffing of this Committee and the development, implementation and oversight of the 2008/2009 Expenditure Plan. ATTACHMENTS Exhibit A—Amendment 1 to the MOU between Contra Costa County and the City of Richmond Exhibit B—Bylaws for the North Richmond Waste & Recovery Mitigation Fee Joint Expenditure Planning Committee Exhibit C—2008/2009 Amended North Richmond Waste & Recovery Mitigation Fee Expenditure Plan i EXHIBIT A I i I AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF RICHMOND AND THE COUNTY OF CONTRA COSTA REGARDING SOLID WASTE TRANSFER FACILITY HOST COMMUNITY MITIGATION FEES I I 1 . EFFECTIVE DATE AND PARTIES: Amendment No. 1 to the Memorandum of Understanding by and between the City of Richmond and the County of Contra Costa Regarding Solid Waste Transfer Facility Host Community Mitigation Fees is effective April 1, 2008 and is made by and between the City of Richmond, a municipal corporation (City), and the County of Contra Costa, a political subdivision of the State of California (County). City and County are collectively referred to as the "Parties, and each is a "Party." 2. PURPOSE: The parties now desire to amend that Memorandum of Understanding as follows:i 3. AMENDMENT: Section 5 — Joint Administration shall be deleted in its entirety and replaced with the following: I "City and County agree that the Mitigation Fee monies collected from the Applicant will 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. Recommendation for expenditures of the Mitigation Fee shall be made by a committee composed of three members of the Richmond City Council or their designee(s), one member of the Contra Costa County Board of Supervisors or his/her designee, two members of the North Richmond Municipal Advisory Committee appointed by the Contra Costa County Board of Supervisors (both of whom must be residents from the unincorporated North Richmond area), and one resident from the incorporated portion of North Richmond appointed by the Richmond City Council. The Richmond! City Council and the Contra Costa County Board of Supervisors have the right to designate one or more alternates for the committee member seats for which they have appointment authority. Final approval of a two year 'expenditure plan shall be made by the Richmond City Council and the Contra Costa County Board of Supervisors. In the event that a two year expenditure plan is not adopted by the Richmond City Council and the Contra Costa Counity Board of Supervisors, the Mitigation Fee monies shall be divided equally between the City of Richmond and Contra Costa County and shall be spent to mitigate the impacts of the Project on the host community." 4. EFFECT: Except for the amendments agreed to herein, the above referenced Memorandum of Understanding remains in full force and effect. i I I Arrid1-Mitigation FeeMOU_4-1-2008_FiINAL.doc Page 1 Of 2 I I i i I I 5. SIGNATURES: The following signatures attest the Parties' agreement hereto. I I I CITY OF RICHMOND, CALIFORNIA, a COUNTY OF CONTRA COSTA, a political municipal corporation subdivision of the State of California I By: I By: Attest: CITY CLERK Attest: John Cullen, CLERK OF THE BOARD I By: By: Date: i Date: Date of Council Approval: i Date of Board Approval: APPROVED AS TO FORM I APPROVED AS TO FORM City Attorney ; Silvano B. Marchesi, County Counsel I By: f By: Deputy I I I I I i I I I I I I I I I I I I I I i' i Arrid1-MiligalioffeeMOU_4-1-2008 IFINAL.doc Page 2 of 2 I i i I I j EXHIBIT B I I BYLAWS NORTH RICHMOND WASTE & RECOVERY MITIGATION FEE JOINT EXPENDITURE PLANNING COMMITTEE With consensus of the North Richmond Waste & Recovery Mitigation Fee Joint Expenditure Planning Committee, these Bylaws are submitted to the Contra Costa County Board of Supervisors and Richmond City Council for their approval. I I. Objectives of the Committee I The purpose of. the Committee is to prepare and recommend a two-year Expenditure Plan to the Contra Costa County Board of Supervisors and the Richmond City Council. This Expenditure Plan provides a means to jointly administer the Mitigation !Fee funding for the benefit of unincorporated and incorporated North Richmo l d Other than the advisory and coordinating functions designated above, all decision- making authority is retained by the County and the City. I II. Structure and Operations of the Committee I a) The Committee shall consist of seven (7) voting members: three (3) members of the Richmond City Council, one (1) member of the Contra Costa County Board of Supervisors, two (2) members of the North Richmond Municipal Advisory Committee appointed by the Contra Costa County Board of Supervisors (both of whom must reside in the unincorporated North Richmond area), and one (1) resident from the incorporated portion of North Richmond appointed by the Richmond City Council. The Committee will be governed by regulations in the Brown Act. An alternate, authorized by the representative agency, may attend and vote at meetings in lieu of the appointed member as necessary. Designated alternates shall be named upon the approval of these Bylaws and on an as- need basis thereafter. I b) Committee members missing three consecutive regular meetings within any consecutive twelve (12) month period without notifying staff or Committee Chair, after due notice by staff, shall constitute an automatic resignation from the Committee. jReplacements shall be authorized by the representative agency. I c) Each Committee member may be considered for removal from the Committee upori recommendation of his/her respective nominating agency. i i i . I I I - I Bylaws — North Richmond Mitigation lee Committee Page -2- d) The Committee shall establish regularly scheduled dates and times for the Committee meetings. Meetings may also be called by the Chair, 3 or more members of the Committee or Committee staff as deemed necessary. Committee staff will advise Committee members no less than three weeks in advance if regularly scheduled meeting should be cancelled due to lack of issues requiring their consideration or action. I e) Establishment of standing and ad hoc committees shall be done on an as-needed basis. The establishment of standing and ad hoc committees and selection of members for these committees requires the approval of a majority of the Committee. f) The Committee shall elect a Chairperson and Vice-Chairperson for terms of two calendar years. i I g) The Chairperson and . Vice-Chairperson may serve no more than two consecutive full terms in each position unless otherwise authorized by a majority vote of the CI ommittee. h) The Vice-Chairperson shall serve in the absence of the Chairperson. I i) The Chairperson shall be responsible for: I i) Conducting all meetings of the Committee. I . ii) Representing' the Committee (or designating a person to represent the Committee) before the Board of Supervisors and Richmond City Council if needed. iii) Notifying Committee Staff of his/her absence from a scheduled meeting. j) Final approvals and recommendations of the Committee shall require a quorum (4 members) present. However, the Committee may review and discuss items on the agenda without a quorum present. Staff may take recommendations to Board of Supervisors and City Council in the absence of Committee app Iroval if due solely to lack of quorum being present at meeting and recommendations require final approval from City and County to avoid gaps in service or address other critical matters. k) The Committee's recommendations shall normally be in the form of letters, resolutions or reports to the Contra Costa County Board of Supervisors and Richmond City Council which shall be prepared and presented by Staff. i - i I Bylaws — North Richmond Mitigation Fee Committee Page -3- 1) The Committee shall submit an annual (calendar year) report to the Contra Costa County Board of Supervisors of the Committee's activities, accomplishments, attendance, and a proposed program for the forthcoming year. m) The Committee will receive primary staff support from the Contra Costa County Community Development Department and Richmond City Manager's Office. Staff is responsible for: i) Preparing and distributing the agenda and agenda materials at least 96 hours prior to scheduled meetings. iii) Arranging for Committee meetings. iv) Preparing meeting minutes, reports, recommendations, and resolutions for information and/or approval of the Committee as requested or needed. v) Representing the Committee with the exception of any instances where the ChairNice Chair does so. ii) Being the agent of the Committee to which requests for Committee action, correspondence, information, inquiries, etc., are directed. iii) Providing or coordinating staff services to committees. iv) Providing relevant information to the public, the County, the City and the Committee. V) Forwarding and taking the necessary actions on the adopted recommendations, findings, and actions of the Committee within designated timetables set by Committee. III. Amendments to the Bylaws An Amendment to these bylaws will be made upon approval of the majority of the Committee and then the County Board of Supervisors and Richmond City Council. DAIllegal Dumping\BMPC MitigationTee Committee\Bylaws-March2008.doc EXHIBIT C 2008/2009 Amended North Richmond Waste & Recovery Mitigation Fee 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 attached Budget Table is incorporated herein by reference. The Budget was 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 the attached Budget Table. Revised: February 20,2008 I 2008/2009 North Richmond Waste & Recovery Mitigation Fee Expenditure Plan I It is likely that some adjustments will be necessary to accommodate variations between estimated and actual revenue as wellias 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. I This Expenditure Plan has been designed to maximize efficiency in the administration of the Plan. The Budget includes some line items that are based on fixed costs, however to provide flexibility other line items can be adjusted if needed. Strategies fall under one of these three expenditure categories., Prevention & Education, Abatement & Enforcement and Community Investment. 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. DESCRIPTION OF STRATEGIES RECOMMENDED FOR FUNDING Funding allocations for each strategy can be found in the attached Budget Table. The funding allocation amounts are for theltwo-year Expenditure Plan period. STAFF COSTS Due the staff time necessary for staffing this committee and Expenditure Plan development, implementation and oversight, $100,000 is allocated to accommodate staff costs for both the City and County for calendar years 2008 and 2009. PREVENTION & EDUCATION 1. Bulky Clean-ups • Fund subsidy program to provide residents, non-profits and/or commercial enterprises in the Mitigation Fee Primary Funding Area with on-call pick- up service for bulky items that are not accepted in the current on-call clean-ups through Richmond Sanitary Service (RSS) • Recommended allocatio of$10,000 would fund approximately 240 bulky item pick-ups (at a flat pick-up fee of$41) and must be used in conjunction with disposal vouchers 2. Neighborhood Clean-ups • Fund one or more neighborhood and/or creek clean-up events in the Mitigation Fee Primary Funding Area • Recommended allocation of$15,000 would fund at least one clean-up event depending primarily on quantity of waste accepted Revised: February 20,2008 Page 2 of 10 Printed:2/21/2008 2008/2009 North Richmond Waste & Recovery Mitigation Fee Expenditure Plan 3. Voucher System • Fund subsidy program to provide residents non-profits and/or commercial enterprises in the Mitigation Fee Primary Funding Area with vouchers for disposal at Republic's transfer station on Parr Blvd. • Residents allowed up to twelve $5 vouchers per household per year upon request, residents mustlprove residency when picking up vouchers (vouchers expire after six months, RSS only receives the subsidy for vouchers that are actually redeemed). • Recommended allocation of$15,000 would fund 3,000 vouchers ($5 each) 4. Community Services Coordinator • Fund full-time Community Services Coordinator through the Community Housing and Development Corporation of North Richmond • Community Services Coordinator handles various responsibilities related to illegal dumping and blight in North Richmond including but not limited to: o respond to 1-800-No Dumping calls regarding illegal dumping in North Richmond, o coordinate with RSS & Sheriff's Office to identify/notify individuals potentially responsible for illegal dumping within the. Mitigation Fee area, o maintain data to track illegal dumping locations and when needed refer details to RSS or City Public Works for removal, o provide outreach ito the community including implementation and staffing of a Community Block Program, and o act as liaison between the community, RSS, City and County regarding illegal dumping and related issues. • Recommended allocation of$144,262 would fund this position (including salary/benefits/overhead) and related costs for calendar years 2008 and 2009 5. Bilingual Outreach Services/Coordinator • Fund bilingual outreach and translation service and/or coordinator on a contract basis to: o prepare-Spanish education, outreach and meeting materials o perform specific clerical duties o provide translation services at community meetings o handle Spanish speaking calls to 1-800-No Dumping from North Richmond area o identify opportunities to involve Hispanic community (e.g. attend Hispanic community meetings/events) in fight against illegal dumping and blight Revised: February 20,2008 Page 3 of 10 Printed:2121/2008 2008/2009 North Richmond Waste & Recovery Mitigation Fee Expenditure Plan • Recommended allocation of $56,000 would fund the Bilingual Outreach Coordinator position (including salary/benefits/overhead and related costs) and translation services on an as-nE:ed basis 6. Public Outreach Campaign • Fund establishment of a public outreach campaign and/or materials directed at reducing illegal dumping and blight in North Richmond • Print/distribute periodic community newsletter about illegal dumping/blight issues prepared by Community Services Coordinator • Hire private consultant to help define approach and design campaign as appropriate/needed • Elements of the.public outreach campaign may include, but are not necessarily limited to: o emphasis on increased enforcement/prosecution o door-to-door outreach effort targeting areas subject to frequent dumping requesting community's assistance to report illegal dumping and/orlindependent hauler activities o inform community members regarding exact details needed when reporting illegal dumping and who to contact o billboards in community which is changed periodically highlighting on-call clean-ups, HHW facility, how to report illegal dumping, etc. o public service announcements (PSAs) in English, Spanish and Laotian and broadcast on CCTV and cable networks o printed education & outreach materials in English, Spanish and Laotian, which could include: West County specific guide similar to Contra Costa Reuse and Recycling Guide, new/revised brochures (e.g. County's Illegal Dumping Brochures &. Richmond's Good Neighbor Brochure), advertisements in Contra Costa Times and other West County publications (listing illegal dumping prosecutions, highlighting educational information that is targeted for season or current events, etc.) o identify most effective methods of distribution (eliminate approaches that have not been effective enough in the past) • Recommended allocation of$71,000 could be adjusted if needed to fit within the budget (e.g. reduced to accommodate revenue below the projected amount) ABATEMENT & ENFORCEMENT 7. City/County Pick-up from Right-of-Way • Fund consolidated pick-up program for illegal dumping in the public right- of-way located within the Mitigation Fee Primary Funding Area to supplement similar services provided by RSS in the designated Hot Spot Route Revised: February 20,2008 Page 4 of 10 Printed:2/21/2008 2008/2009 North Richmond Waste & Recovery Mitigation Fee Expenditure Plan • Consolidating pick-up within the right of way in unincorporated & incorporated areas using the City of Richmond Public Works staff helps create a stable level of service, minimize delays and maximize efficiencies • City handles pick-up of items from public right-of-way when the items are not suitable for collectio In the compactor truck used to service the RSS Hot Spot Route (Hot Spot Route referrals are provided to the City by the Community Services Coordinator) • Recommended allocation of$120,000 would fund incremental cost for City to provide pick-up in the unincorporated & incorporated areas for an average of 24 hours perlweek and to cover the cost of mileage, administrative costs and renting equipment as needed 8. Vacant and Abandoned Lot and Properties Clean-up • Fund clean-up of illegal dumping on vacant/abandoned lots and properties within the Mitigation Fee Primary Funding Area where existing code enforcement processes, staffing levels, and/or funding prove to be inadequate • As appropriate, obtain summary abatements, place liens on properties, require property owners�to sign contract agreeing to fence their property and/or sign waivers allowing clean-up of waste on property • Recommended allocati o n of$40,000 would fund clean-up of an undetermined number of vacant and abandoned lots and properties depending on the amount of illegally dumped waste on each property 9. Vacant and Abandoned Lot Fencing • Fund fencing of vacant and/or abandoned lots where chronic dumping occurs within the Mitigation Fee Primary Funding Area when existing fencing ordinance provisions and/or code enforcement processes, staffing levels and/or funding prove to be inadequate • Establish process to expedite the fencing of certain vacant/abandoned lots as needed to address unique circumstances (e.g. ordinance provisions require delay and specific location poses high-risk, repeated dumping of particularly harmful wastes, etc.) • Prior to fencing vacant/abandoned lots, require property owners to sign contract agreeing to maintain fence and sign waivers allowing installation of fence on their property, as appropriate • Recommended allocation of$90,000 would fund fencing of an undetermined number of vacant/abandoned lots 10. Code Enforcement Staff • Fund additional full-time County code enforcement position, to assist with vacant/abandoned lot abatements and fencing as well as other health/building/zoning violations related to illegal dumping throughout the Mitigation Funding Area (incorporated & unincorporated) i Revised: February 20,2008 Page 5 of 10 Printed:2/21/2008 2008/2009 North Richmond Waste & Recovery Mitigation Fee Expenditure Plan • Recommended allocation of$313,514 would fund a full-time position (including salary/benefits) and related vehicle costs for calendar years 2008 and 2009 11. Graffiti Abatement • Fund consolidated graffiti abatement program for graffiti visible from the public right-of-way located within the Mitigation Fee Primary Funding Area • Consolidating graffiti abatement services through the City of Richmond Public Works staff creates a stable level of service, minimizes delays and maximizes efficiencies • Funding removal of graffiti is not intended to replace existing local ordinance requirements I(e.g. holding property owner or parent responsible for clean-up when feasible) • Prior to removing graffiti located on private property, written approval of property owner shall be obtained when required by local ordinance(s) • Recommended allocation of $58,240 would fund incremental cost for City to provide graffiti abatement services in the unincorporated & incorporated areas an average of 15 hours per week and would cover administrative cost, mileage and the purchase or rental of necessary equipment and materials 12. Illegal Dumping Investigator/Officer • Fund full-time illegal dumping investigator/officer to work within the Mitigation Fee Primary Funding Area to: o conduct illegal dumping surveillance and investigations o build & file cases specific to instances of illegal dumping, which are suitable for prosecution o conduct targeted sting operations to catch illegal dumpers (law enforcement strike-team(s) may also be available to conduct sting operations) • Recommended allocation of$274,808 would fund a full-time Sheriff Deputy (including salary/benefits/overtime/uniform) and offset related costs (e.g. cell phone, equipment, fuel, insurance and vehicle purchase and maintenance) for calendar years 2008 and 2009 13. Increase Nighttime Patrols & Investigations • Fund increased nighttime patrols and investigations within,the Mitigation Fee Primary Funding Area to target specific locations/timeframes where illegal dumping occurs most regularly • As needed, use City and/or County law enforcement officer(s) or a private security firm for nighttime patrols as a means of supplementing existing patrols by local law enforcement i • Recommended allocati o n of $40,000 would fund overtime for City and/or County law enforcement officer(s) or one private security officer 14. Surveillance Cameras Revised: February 20,2008 Page 6 of 10 Printed:2/21/2008 2008/2009 North Richmond Waste & Recovery Mitigation Fee Expenditure Plan • Fund surveillance camera program within the Mitigation Fee Primary Funding Area to target specific locations where illegal dumping occurs most regularly • Funding allocated would cover the purchase of cameras, camera infrastructure, and costs related to maintenance, repair & relocation of cameras • Recommended allocation of$260,000 could be adjusted if needed to fit within the budget (e.g. reduced to accommodate revenue below the projected amount) 15. Illegal Dumping Prosecutor • Fund portion of community prosecutor to work within the Mitigation Fee Primary Funding Area to build cases related to illegal dumping with special emphasis on instances of commercial dumping as well as other quality of life issues (e.g. alcohol abatement, environmental crimes) • City has budgeted to fund a community prosecutor which could dedicate a portion of time to work on cases within the Mitigation Fee Primary Funding Area • Recommended allocation of$65,149 would fund 15% of the full-time salary (including benefits) for the community prosecutor for calendar years 2008 and 2009 COMMUNITY INVESTMENT 16. Beautification A. Neighborhood Landscaping Proiects • Fund landscaping projects within the Mitigation Fee Primary Funding Area, specific projects would be selected after taking the following into consideration:. o beautification projects that do not have existing funding sources o regular,pruning.to maintain any vegetation that is compromising visibility in locations used for illegal dumping o new community gardens (recruit community and/or school group to start project) on sites subject to dumping or blight • Recommended allocation of $12,000 could be adjusted if needed to fit within the budget (e.g. reduced to accommodate revenue below the projected amount) B. Servicing Additional Street Cans • Fund collection services for three street cans within the Mitigation Fee Primary Funding Area • Recommended allocation of$2,462 would fund weekly collection for three street cans 17. Community Involvement Revised: February 20,2008 Page 7 of 10 Printed:2/21/2008 2008/2009 North Richmond Waste & Recovery Mitigation Fee Expenditure Plan A. Stipends and Mentorship Program • Fund stipends to West Contra Costa Unified School District students, Young Adult Empp:werment Center Advisory Council and Youth Build members for illegal dumping abatement and beautification programs within the Mitigation Fee Primary Funding Area • Fund the Amer-1-Can Mentoring Program at the Youth Empowerment Center to aid in efforts to combat illegal dumping and blight within the Mitigation Fee Primary Funding Area • Recommended allocation of$118,000 for both programs could be adjusted if needed to fit within the budget (e.g. reduced to accommodate revenue below the projected amount) 8. Parks Rehabilitation Initiative • Fund various park and related projects at Third Street Ballfield, Shields-Reid Park and other areas within the Mitigation Fee Primary Funding Area • Elements of the Parks Rehabilitation Initiative may include but are not limited to: o purchase:and installation of new light fixtures and necessary infrastructure as well as restoration of existing light fixtures and infrastructure o repair, replacement and maintenance of damaged portions of sod or installation of turf o repair of existing and/or new irrigation system o installation of park benches, additional playground equipment and fencing o other landscaping and beautification efforts • Recommended allocation of$175,000 is an estimated one-time fixed cost and could:;be adjusted if needed to fit within the budget (e.g. reduced to accommodate revenue below the projected amount) C. North Richmond Greening Proiect • Fund the planning, installation and maintenance of Greening Project which would consist of the following components/phases: o Planning— Hiring landscape consulting firm to work with community stakeholders to create greening plan. The plan would include multiple options at varying cost levels. o Installation — Contract with landscape firm to carry out installation of selected design plan. o Maintenance — Contract with private landscape maintenance firm in:coordination with appropriate City/County Departments • Recommend'ed allocation of$150,000 could be adjusted if needed to fit within the budget (e.g. reduced to accommodate revenue below the projected amount) Revised: February 20,2008 Page 8 of 10 Printed:2/21/2008 2008/2009 North Richmond Waste& Recovery Mitigation Fee Expenditure Plan D. New Street Can Proiect • Fund the purchase; installation, maintenance and servicing for up to 4 street cans in the Mitigation Funding Area. • The installation of these street cans will also involve a community based art project with local Verde Elementary School students. Hand- painted tiles, created by elementary school students, will be placed on each can. • The tile painting project will be based on the themes of anti-littering and environmental stewardship. City/County will select can locations based on a site survey in the community to be conducted by CHDC. • Recommended allocation of$14,000 could be adjusted if needed to fit within the budget (e.g. reduced to accommodate revenue below the projected amount) E. Senior Center Improvements • Fund beautification and structural enhancements on the exterior of the Neighborhood House Multicultural Family Senior Center • Staff will communicate the needs of the building and work with other entities that may be able to provide funding for this project, specifically for interior improvements. • Some of the improvements that would be covered by Mitigation Fee funding may include: new lighting, landscaping, fencing and/or painting. • Recommended allocation of$10,000 could be adjusted if needed to fit within the budget (e.g. reduced to accommodate revenue below the projected amount) F. Safe Routes Program & Community Mural Proiect • Funding to institute a Safe Routes Program and Community Mural Project in North Richmond (Proposal submitted by Harold Beaulieu, founder of the;Art Department, a nonprofit organization that coordinates community based art projects in the Bay Area) • The Safe Routes Program uses a "Popsicle Index" as a gauge for safety along routes traveled by community youth. The Safe Routes program will be implemented in conjunction with CHDC's block club initiative by coordinating code enforcement education, community art & beautification;projects, trash & graffiti clean up efforts and violence prevention activities for block groups and along designated routes. • The Community Mural Project would train local residents in the mural planning process and support those residents in painting murals at blighted and ;graffiti prone sites selected in the Mitigation Fee Area. • Recommended allocation of $15,000 could be adjusted if needed to fit within the budget (e.g. reduced to accommodate revenue below the projected amount) G. West County Watershedz Program Revised: February 20,2008 Page 9 of 10 Printed:2/21/2008 2008/2009 North Richmond Waste & Recovery Mitigation Fee Expenditure Plan • Fund the design and implementation of a rehabilitation project within the Wildcat Creek riparian zone and trail corridor near Verde Elementary School (Proposal submitted by The Urban Creeks Council) • Project will employ North Richmond youth to carry out restoration work. • The rehabilitation project is one component of a larger environmental educational and beautification endeavor being implemented by UCC in the North Richmond community. • Recommended allocation of$15,000 could be adjusted if needed to fit within the budget (e.g. reduced to accommodate revenue below the projected amount). H. Wildcat and San Pablo Creek Enhancements • Fund portion of the following projects (Proposal submitted by Contra Costa County Flood Control & Water Conservation District) • Fish Passage Enhancement: Preparation of project scope to obtain grant funding for reconstruction of desiltation ponds & fish ladder to allow improved fish migration • Water Quality Enhancement: Purchase of trash separation mechanism to treat polluted water before water is processed through pump stations into Wildcat Creek • Habitat Management Plan: Creation of plan to designate portions of creek channel for habitat preservation • Recommended allocation of$20,000 could be adjusted if needed to fit within the budget (e.g. reduced to accommodate revenue below the projected amount) 1. Capital Improvement Projects • Fund various capital improvement projects within the Mitigation Fee Primary Funding Area • Projects could .include but are not limited to: ■ Street and sidewalk improvements ■ Lighting ■ Street medians • Recommended allocation of$103,707 could be adjusted if needed to fit within the budget (e.g. reduced to accommodate revenue below the projected amount) ATTACHMENT: Budget Table—North Richmond Mitigation Fee Expenditure Plan (2008-2009) G:\Conservation\Bryn\Illegal Dumping\NR Mitigation Fee Committee\2-25-2008 Meeting\Final Versions for MFC Packet\Proposed Amended Expenditure Plan 2008-2009_FINAL.doc Revised: February 20,2008 Page 10 of 10 Printed:2/21/2008 Budget Table-North Richmond Mitigation Fee Expenditure Plan (2008-2009) 2008-09 Funding Annual Expenditure Annual Expenditure Proposed Biannual Allocation # Strategy Expenditure (Projected (2008) (2009) (2008.2009) Biannual Revenue) Committee Administration/Staffing S 50,000 $ 50,000 S 100,000 •'�' :•- 1 Bulky Clean-ups S 5,000 S 5,000 $ 10,000 2 Neighborhood Clean-ups S 7,500 $ 7.500 $ 15,000 3. Voucher System $ 7,500 $ 7,500 $ 15,000 14.10% 4 Community Services Coordinator $ 72.131 S 72,131 $ 144,262 ($311,262) 5 Bilingual Outreach Coordinator and Translation Services $ 28,000 S 28,000 $ 56,000 6 Public Relations Campaign S 61,000 $ 10,000 $ 71.000 (includes PSAs&Outreach Materials) 7 City/County Pick-up from Right-of-Way S 60,000 $ 60,000 S 120,000 8 Vacant and Abandoned Lot Clean-up S 20,000 S 20,000 $ 40,000 9 Vacant and Abandoned Lot Fencing S 45,000 $ 45,000 S 90,000 10 Code Enforcement Staff S 150.799 $ 162,705 $ 313.504 11 Graffiti Abatement S 29,120 $ 29,120 $ 58,240 57.14 (S1,261,701) 12 Illegal Dumping Investigator/Officer S 138,404 $ 136,404 S 274,808 13 Increase Nighttime Patrols $ 20,000 $ 20,000 S 40.000 14 Surveillance Cameras S 120.000 $ 140,000 S 260,000 15 Illegal Dumping Prosecutor S 32,303 $ 32,846 S 65,149 16 Beautification10". 16a Neighborhood Landscaping Projects S 6,000 $ 6,000 S 12,000 16b Servicing Additional Street Cans(Weekly) S 1,210 $ 1,252 S 2,462.40 17 Community Involvement 17a Stipends and Mentorship Program S 59.000 S 59,000 S 118.000 17b Parks Rehabilitation Initiative S 100,000 S 75,000 $ 175,000 17c North Richmond Greening Protect $ 100,000 S 50,000 $ 150,000 : ($6635,135,1 68) 174 New Street Can Project $ 7,000 S 7,000 $ 14,000 We Senior Center Improvements $ 5.000 S 5,000 $ 10,000 17f Safe Routes Program&Community Mural Project $ 7,500 $ 7,500 $ 15,000 17g West County Watershedz Program $ 7,500 $ 7,500 $ 15,000 17h Wildcat and San Pablo Creek $ 10,000 $ 10,000 $ 20.000 17i Capital Improvement Projects $ 53,707 $ 50,000 $ 103,707 Total Projected Mitigation Fee Revenue for 2408/2009 $ 1,361,456 Estimated Remaining Mitigation Fee Revenue for 2006/2007 to be allocated in 2008(projections as of 12/31/2007) $ 946,676 Estimated Total Mitigation Fee Revenue to be allocated in 2008/2009(2006/2007 remainder+2008/2009) $ 2,308,132 Committee Administration/Staffing 4.33% $ 100,000 Prevention&Education 13.49% S 311.262 Abatement&Enforcement 54.550,; $ 1,261,701 Community Investment 27.52% $ 635,169 Grand Total 100.00% $ 2,308,132 Revised:2202008 G:\ConservationlBrymlllegal DumprngWR Mdigation Fee Cornmitteer2.252008 MeetingTinal Versions for t:1FC PacketlExpen0-ture Plan 20082009 Proposed Btxlget_FINAL.xIs Printed:2212008 AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF RICHMOND AND THE COUNTY OF CONTRA COSTA REGARDING SOLID WASTE TRANSFER FACILITY HOST.COMMUNITY MITIGATION FEES 1. EFFECTIVE DATE AND PARTIES: Amendment No. 1 to the Memorandum of Understanding by and between the City of Richmond and the County of Contra Costa Regarding Solid Waste Transfer Facility Host Community Mitigation Fees is effective April 1, 2008 and is made by and between the City of Richmond, a municipal corporation (City); and the County of Contra Costa, a political subdivision of the State of California (County). City and County are collectively referred to as the "Parties,"::and each is a "Party." 2. PURPOSE: The parties now desire to amend that Memorandum of Understanding as follows: 3. AMENDMENT: Section 5 — Joint Administration shall be deleted in its entirety and replaced with the following: "City and County agree that the Mitigation Fee monies collected from the Applicant will 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. Recommendation for expenditures of the Mitigation Fee shall be made by a committee composed of three members of the Richmond City Council or:their designee(s), one member of the Contra Costa County Board of Supervisors or his/her designee, two members of the North Richmond Municipal Advisory Committee appointed by the Contra Costa County Board of Supervisors (both of whom must be residents from the unincorporated North Richmond area), and one resident from the incorporated portion of North Richmond appointed by the Richmond City Council. The Richmond City Council and the Contra Costa County Board of Supervisors have the right to designate one or more alternates for the committee member seats for which they have appointment authority. Final approval of a two year expenditure plan shall be made by the Richmond City Council and the Contra Costa County Board of Supervisors. In the event that a two year expenditure plan is not adopted by the Richmond City Council and the Contra Costa County Board of Supervisors, the Mitigation Fee monies shall be divided equallybetween the City of Richmond and Contra Costa County and shall be spent to mitigate the impacts of the Project on the host community." 4. EFFECT: Except for the amendments agreed to herein, the above referenced. Memorandum of Understanding remains in full force and effect. Amd1-Mitigation FeeMOU_4-1-2008_FINAL.doc Page 1 of 2 5. SIGNATURES: The following' signatures attest the Parties' agreement hereto. CITY OF RICHMOND, CALIFORNIA, a COUNTY OF CONTRA COSTA, a political municipal corporation ion of the Sta alifornia By: y: Attest: CITY CLERK Attest. John Cullen, CLERK OF THE BOARD By: Date: Date: QlLuR- 14 Date of Council Approval: Date of Board Approval: 1 APPROVED AS TO FORM APPROVED AS TO FORM City Attorney Silvan M rchesi, C y Counsel By: By: Deputy Amd1-Mitigation FeeMOU_4-1-2008_FINAL.doc Page 2 of 2 AMENDMENT NO. I TO THE MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF RICHMOND AND THE COUNTY OF CONTRA COSTA REGARDING SOLID WASTE TRANSFER FACILITY HOST COMMUNITY MITIGATION FEES 1. EFFECTIVE DATE AND PARTIES: Amendment No. 1 to the Memorandum of Understanding by and between the City of Richmond and the County of Contra Costa Regarding Solid Waste Transfer Facility Host Community Mitigation Fees is effective April 1, 2008 and is made by and between the City of Richmond, a municipal corporation (City), and the County of Contra Costa, a political subdivision of the State of California (County). City and County are collectively referred to as the "Parties," and each is a "Party." 2. PUR OSE: The parties now,desire to amend that Memorandum of Understanding as follows: 3. AMENDMENT: Section.5 - Joint Administration shall be deleted in its entirety and replaced with the following: "City and County agree that the Mitigation Fee monies collected from the Applicant will 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. Recommendation for expenditures of the Mitigation Fee shall be made by a committee composed of three members of the Richmond City Council or their designee(s), one member of the Contra Costa County Board of Supervisors or his/her designee, two members of the North Richmond Municipal Advisory Committee appointed by the Contra Costa County Board of Supervisors (both.of whom must be residents from the unincorporated North Richmond area), and one resident from the incorporated portion of North Richmond appointed by the Richmond City Council. The Richmond City Council and the Contra Costa County Board of Supervisors have the right to designate one or more alternates for the committee member seats for which they have appointment authority. Final approval of a two year expenditure plan shall be made by the Richmond City Council and the Contra Costa County Board of Supervisors. •In the event that a two year expenditure plan is not adopted by the Richmond City Council and the Contra Costa County Board of Supervisors, the Mitigation Fee monies shall be divided equally between the City of Richmond and Contra Costa County and shall be spent to mitigate the impacts of the Project on the host community." 4. EFFECT: Except for the amendments agreed to herein, the above referenced Memorandum of Understanding remains in full force and effect. Amd1-MitigationFeeMOU_4-1-2008_FINAL,.doc Page 1 of 2 5. SIGNATURES: The following signatures attest the Parties' agreement.hereto. CITY OF RICHMOND, CALIFORNIA, a COUNTY OF CONTRA COSTA, a political municipal corporation subdivision of the S e of California By: 6 Attest: CITY CLERK Attest:John Cullen, CLERK OF THE BOARD By: By:11 6� Date: Date: f Date of Council Approval: Date of Board Approval:WA4 11 jx APPROVED AS TO FORM APPRO ED AS TO FORM City Attorney Silvan B. Marchesi, County Counsel By: By: -Ijhm�/ Deputy AmdI-MitigationFeeMOU_4-1-2008_FINAL.doc Page 2 of 2