The Waste & Recovery Mitigation Fee was established as a result of the 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.
The MOU requires that the mitigation fee revenue collected from the Operator (Republic Services) be paid to the County and held in a dedicated separate account. The North Richmond Waste & Recovery Mitigation Fee Joint Expenditure Planning Committee was formed pursuant to the terms of the MOU for the specific purpose of preparing a recommended two year Expenditure Plan. The Committee consists of three Richmond City Council persons, two North Richmond Municipal Advisory Council members, one incorporated North Richmond resident and County Supervisor John Gioia. This Expenditure Plan provides a means to jointly administer the Mitigation Fee revenue for the benefit of the host community, as described in the EIR.
Committee staff began implementation of the Expenditure Plan after final approval was granted. It is recommended that most of the Expenditure Plan strategies included in the 2008/2009 Plan be continued through the next two-year funding cycle. The Preliminary 2010/2011 Expenditure Plan includes some strategies that must be approved before the close of 2009 in order to avoid gaps in service. The North Richmond Waste and Recovery Mitigation Fee Joint Expenditure Planning Committee voted to recommend that the City of Richmond City Council and the Contra Costa County Board of Supervisors approve the Preliminary 2010/2011 Expenditure Plan on October 26, 2009 (Exhibit A).
There are three existing expenditure plan strategies which are intended to be carried through fall 2010 using 2008/2009 funding allocations. Staff will coordinate another Committee meeting in early 2010 for consideration of recommended funding amounts for these items as well as possibly new strategy recommendations which would be incorporated into an amended Expenditure Plan. The amended 2010/2011 Expenditure Plan would be considered before the Board of Supervisors and Richmond City Council in early 2010.
The City and County can not afford to significantly subsidize costs associated with staffing of this Committee and the development, implementation and oversight of the 2010/2011 Expenditure Plan. Therefore, the preliminary 2010/2011 Expenditure Plan allocates funding in the amount of $100,000 for the City’s and County’s administrative staff costs related to the development, implementation and oversight of the 2010/2011 North Richmond Waste & Recovery Mitigation Fee Expenditure Plan. This funding will only be used to reimburse City and County for actual staff costs directly resulting from staffing this committee and for the development, implementation and oversight of the 2010/2011 Expenditure Plan. Staff has included the recommended allocation of $100,000 in the proposed 2010/2011 Expenditure Plan and budget attached.