November 7, 2023
Library and Community Services
DATE: November 7, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
LaShonda White, Deputy City Manager - Community
Services
Lori Reese-Brown, Project Manager
Subject:
Amendment to the Interagency Agreement between the
City of Richmond and Contra Costa County for the Joint
Administration of the North Richmond Mitigation Funding FINANCIAL IMPACT: There is no fiscal impact. The Interagency Agreement costs will be funded with North Richmond Mitigation
Fee revenue, which is received solely by Contra
Costa County (County) but jointly administered by the
City of Richmond (City) and County in accordance
with a Memorandum of Understanding between the
City and County (Fund 1010).
PREVIOUS COUNCIL
ACTION:
September 22, 2020; August 28, 2018; January 9, 2018;
and July 24, 2017
STATEMENT OF THE
ISSUE:
The amendment to the Interagency Agreement allows
the City and County to continue to jointly administer
the North Richmond Mitigation Fee funding that
supports the implementation of services and
programs authorized in the approved expenditure
plan.
AGENDA
REPORT
November 7, 2023
RECOMMENDED ACTION:
APPROVE an amendment to the Interagency
Agreement between the County of Contra Costa
(County) and the City of Richmond (City), effective
September 19, 2023, to increase the payment limit by
$360,000, for a new payment limit of $835,000, and
extend the term from September 30, 2023, to
September 30, 2026, to facilitate the City’s continued
use of the North Richmond Mitigation Fee (NRMF)
funding, and to co-staff the NRMF Committee and
implement services and programs authorized in the
City/County-approved expenditure plans; and
AUTHORIZE the city manager or their designee to
execute the amendment to the Interagency
Agreement between the County and City –
Community Services Department (LaShonda White
510-620-6828/Lori Reese-Brown 510-620-6869).
DISCUSSION:
The North Richmond Waste and Recovery Mitigation Fee (NRMF) was established by the City of Richmond (City) and Contra Costa County (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 because of expanding the Bulk Material Processing Center in North Richmond. The requirement to collect this Mitigation Fee 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. Since 2006, this Mitigation Fee has been collected on a per ton basis and paid monthly, directly, to the County.
The City and County entered 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 Richmond City Council and County Board of Supervisors. The Expenditure Plan for the 2023/2024 fiscal year was approved by the County and City on June 27, 2023.
The Interagency Agreement authorizes County staff to issue NRMF-funded payments to the City, which make it possible to jointly administer this funding as agreed upon in the MOU between the City and the County. This agreement also makes it possible for the County to reimburse the City for the costs the City incurs to
November 7, 2023
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.
The history of the Interagency Agreements and amendments is as follows:
Interagency Agreement #49335: The Interagency Agreement between the City and County went into effect on January 16, 2007, and was amended four times.
Interagency Agreement #49335-1: A new Interagency Agreement took effect on June 30, 2015, and was set to expire on June 30, 2017. It was subsequently amended three times which together extended the contract term through September 30, 2018.
Interagency Agreement #49335-2: A new Interagency Agreement was executed with an initial term from September 30, 2018 to September 30, 2020. It was first amended in August 2020 to increase the payment limit by $275,000 and extend the term through September 30, 2023 (Attachment 1).
The current and second amendment is intended to increase the payment limit by $360,000 and extend the term through September 30, 2026.
The County Board of Supervisors approved the second amendment to the Interagency Agreement on September 19, 2023. City staff was unable to place this item on the City Council agenda in September 2023, which is the reason for the amended Interagency Agreement start date of September 19, 2023. This date is consistent with the item approved by the County Board of Supervisors. To provide for the continued issuance of NRMF-funded payments to the City to implement Expenditure Plan strategies, City staff is requesting City Council approval to execute an amendment to the Interagency Agreement with the City of Richmond, effective September 19, 2023, to increase the payment limit by $360,000 to a new payment limit of $835,000 and extend the term from September 30, 2023 to September 30, 2026 (Attachment 2).
DOCUMENTS ATTACHED:
Attachment 1 – Original and First Amendment to the North Richmond Mitigation Interagency Agreement
Attachment 2 – Second Amendment to the North Richmond Mitigation Interagency Agreement