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C. 38

To:	Board of Supervisors
From:	John Kopchik, Director, Conservation & Development Department
Date:	August 11, 2020

Contra

Costa

County

Subject:

Amendment to the Interagency Agreement between the City of Richmond and County to Jointly Administer North Richmond Mitigation Fee Funding

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 08/11/2020

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:

Justin Sullivan, (925) 674-7812

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: August 11, 2020
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute an amendment to the Interagency Agreement with the City of Richmond, effective August 11, 2020, to increase the payment limit by $275,000 to a new payment limit of $475,000 and extend the term from September 30, 2020 through September 30, 2023, to facilitate the City's continued use of jointly-administered North Richmond Waste and Recovery Mitigation Fee (NRMF) funding to implement services and programs authorized in the City/County-approved expenditure plans and co-staff the NRMF Committee.

FISCAL IMPACT:

There is no impact to the General Fund. Interagency Agreement costs will be funded with North Richmond Mitigation Fee revenue, which is solely received by the County but jointly administered by the City of Richmond and Contra Costa County as provided for in the Memorandum of Understanding between the City and County.

BACKGROUND:

The NRMF was established by the City of Richmond and Contra Costa County in 2004. This fee was originally identified as a mitigation measure in an Environmental Impact Report as a means of addressing the impacts of illegal dumping as a result of expanding the Bulk Material Processing Center in North Richmond. The requirement to collect the NRMF is a Condition of Approval in the Use Permits issued by the City and County, which allowed Republic Services to expand their waste processing operations at the Bulk Material Processing Center, located at the closed West Contra Costa Sanitary Landfill site in North Richmond. NRMF funding is subject to the joint-control of the City and County. Since 2006, this fee has been collected on a per ton basis and paid monthly, directly, to the County.

The City and County entered into a Memorandum of Understanding (MOU) in 2004 agreeing to establish a City/County Committee, known as the North Richmond Waste & Recovery Mitigation Fee Joint Expenditure Planning Committee (NRMF Committee), to prepare recommended spending plans subject to final City/County approvals for the purpose of jointly administering this funding. These recommended spending plans are known as Expenditure Plans, which must be approved by both the City Council and County Board of Supervisors. Each Expenditure Plan authorizes expenditures for a single fiscal year period. The Expenditure Plan for the 2020/2021 fiscal year was approved by the County and City of Richmond on June 23, 2020.

The first Interagency Agreement between the City and County went into effect on January 16, 2007, and was amended four times. A new Interagency Agreement with a contract limit of $1,080,055 took effect on June 30, 2015, which was estimated to be adequate to allow the County to share the proportion of NRMF revenue needed to cover the City's costs associated with the City's share of Expenditure Plan implementation and Committee co-staffing for the period through June 30, 2017. Since entering into the second Interagency Agreement in 2015, the amount of NRMF funded reimbursement requested by the City has been steadily decreasing each Expenditure Plan cycle. The remaining contract limit was sufficient to allow for three subsequent amendments which together extended the contract term through September 30, 2018. A new Interagency Agreement was approved September 25, 2018 with a term ending on September 30, 2020. The current amendment to the Interagency Agreement is intended to increase the payment limit by $275,000 and extend the term through September 30, 2023 to provide for continued issuance of NRMF-funded payments to the City of Richmond to facilitate on-going joint administration of funding and reimburse the City for costs incurred to implement Expenditure Plan strategies.

CONSEQUENCE OF NEGATIVE ACTION:

If the recommended amendment is not approved and executed, County staff will not have the authority needed to issue NRMF funded payments to the City of Richmond, which would make it impossible to jointly administer this funding as agreed upon in the MOU between the City and the County. This would also compromise County staff's ability to reimburse the City the costs incurred to implement the strategies assigned to the City in the City/County-approved Expenditure Plan or the costs the City incurs for co-staffing the NRMF Committee.