To: BOARD OF SUPERVISORS
From: Transportation
Meeting Date: July 23, 2024
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Department Contact: |
Howard Dashiell |
Phone: |
707-463-4363 |
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Department Contact: |
Amber Fisette |
Phone: |
707-463-4363 |
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Item Type: Consent Agenda |
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Time Allocated for Item: N/A |
Agenda Title:
title
Adoption of Resolution Approving the Second Amendment to Board of Supervisors Agreement Number 11-007, Joint Powers Agreement Between the County of Mendocino and City of Fort Bragg for Caspar Landfill and Solid Waste Transfer Station (Caspar Area)
End
Recommended Action/Motion:
recommendation
Adopt resolution approving the Second Amendment to Board of Supervisors Agreement Number 11-007, Joint Powers Agreement between the County of Mendocino and City of Fort Bragg for Caspar Landfill and Solid Waste Transfer Station (Caspar Area); and authorize the Chair to sign same.
End
Previous Board/Board Committee Actions:
On January 25, 2011, the Board of Supervisors (BOS) approved BOS Agreement Number (No.) 11-007, Joint Powers Agreement (JPA) between the County of Mendocino and City of Fort Bragg for Caspar Landfill and Solid Waste Transfer Station. On August 13, 2013, the BOS and the Fort Bragg City Council designated a site located at 30075 Highway 20, Fort Bragg, CA as the preferred site for a new solid waste transfer station and authorized preparation of an Environmental Impact Report (EIR). By Resolution No. 16-120 (September 19, 2016), the BOS certified the EIR for the Central Coast Transfer Station Project, adopting findings of fact, adopting a mitigation monitoring program, and approving the implementation of the project. By Resolution No. 16-121 (September 19, 2016), the BOS approved BOS Agreement No. 16-082, First Amendment to the JPA between the County of Mendocino and City of Fort Bragg for Caspar Landfill and Solid Waste Transfer Station.
Summary of Request:
The JPA between the County of Mendocino and City of Fort Bragg for Caspar Landfill and Solid Waste Transfer Station established the relationship between the County and City regarding the Caspar Transfer Station and the closed Caspar Landfill. Among other things, the JPA discussed replacement or expansion of the Caspar Transfer Station and established a per-cubic yard “rent” to be paid by the operator of the site to be held by the County in a dedicated account to be used for Caspar Transfer Station site improvements or development of a new site. Following the certification of the EIR for a new Central Coast Transfer Station located at 30075 Highway 20, Fort Bragg, CA, the County and City entered into a First Amendment to the JPA. The Amendment stipulated how the County and City would cooperate in development and operation of the transfer station at the designated site. Shortly thereafter, the three-way land swap that was required to develop the site fell through as one party became unwilling. Further attempts were made to salvage the land swap without success, rendering the project infeasible at that specific site. It is appropriate to remove the provisions added by the First Amendment to the JPA since the previously envisioned project is not moving forward at the designated site. Additionally, for reasons not now known, the rent funds were held for many years in an account by Mendocino Solid Waste Management Authority (MSWMA), not by the County, but have now been transferred to a dedicated account held by the City of Fort Bragg. It is recommended that be memorialized by amending the JPA to accurately reflect the location the rent proceeds are currently being held. The proposed Second Amendment to BOS Agreement No. 11-007 amends Section 5 of the JPA to replace the word “County” with “City” and deletes Section 10, added by the First Amendment, in its entirety. An Amendment, which was approved by Fort Bragg City Council on June 24, 2024, and draft resolution are attached for the Board’s review and consideration.
Alternative Action/Motion:
Do not approve Amendment and provide direction to staff.
Strategic Plan Priority Designation: A Safe and Healthy County
Supervisorial District: District 3
vote requirement: Majority
Supplemental Information Available Online At: N/A
Fiscal Details:
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source of funding: N/A |
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current f/y cost: N/A |
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annual recurring cost: N/A |
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budgeted in current f/y: N/A |
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if no, please describe: |
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revenue agreement: No |
AGREEMENT/RESOLUTION/ORDINANCE APPROVED BY COUNTY COUNSEL: Yes
CEO Liaison: Steve Dunnicliff, Deputy CEO
CEO Review: Yes
CEO Comments:
FOR COB USE ONLY
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Executed By: Atlas Pearson, Senior Deputy Clerk |
Final Status: Adopted |
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Date: July 23, 2024 |
Executed Item Type: Resolution |
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Number: 24-119 |
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Executed Item Type: Agreement |
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Number: 11-007-A2 |
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