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Consent-General Government # 10.
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| Board of Supervisors |
County Counsel |
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| Subject |
| Authorize the Chair of the Board to sign a reimbursement agreement with the Sacramento Area Flood Control Agency regarding remediation of the Bryte Landfill and related matters, potentially including land acquisitions if subsequently approved by the Board of Supervisors. (No general fund impact) (Pogledich) |
| Recommended Action |
| Authorize the Chair of the Board to sign a reimbursement agreement with the Sacramento Area Flood Control Agency (SAFCA) regarding remediation of the Bryte Landfill and related matters, potentially including land acquisitions if subsequently approved by the Board of Supervisors. |
| Strategic Plan Goal(s) |
Sustainable Environment
Flourishing Agriculture |
| Reason for Recommended Action/Background |
The Bryte Landfill is an existing contaminated site located west of West Sacramento near the Yolo Bypass. The landfill allegedly includes hazardous materials disposed of by the County decades ago, including debris contaminated with lead. The County resolved its alleged liability to the landowner pursuant to a January 23, 2012 agreement that included various payment, waiver, and defense/indemnity provisions, but site remediation remains the subject of an order issued by the Environmental Health Division. To date, the landowner (ANDCO Farms) has made slow progress on remediation pursuant to the order.
The proposed agreement with SAFCA outlines a process that allows SAFCA to acquire and remediate the landfill with funding provided by the California Department of Water Resources (DWR). Briefly, DWR has agreed to provide over $9 million to SAFCA to remediate the Bryte Landfill by, among other things, removing and disposing of hazardous materials and then placing an impermeable cap on the disposal site. This will achieve two benefits, each of which independently justifies the proposed project: (a) it will safely remediate a contaminated site that has long posed a risk to public health and environmental quality in the County (as well as potential liability issues in the event of a state or federal enforcement action); and (b) it will eliminate contamination within the potential area of the proposed Lower Elkhorn Basin Levee Setback Project, proposed by DWR as one of several actions to expand the Yolo Bypass.
To carry out the proposed remediation, SAFCA must own or control both the Bryte Landfill and a disposal site. SAFCA has asked for County assistance in acquiring the necessary rights in both properties, as it cannot exercise eminent domain (if needed) beyond its jurisdictional boundaries. The attached agreement provides for such assistance while also obligating SAFCA to cover all related County costs, including costs arising from the contemplated use of outside consultants and attorneys to complete the land acquisitions as well as any amounts paid to acquire each site. If one or both sites is eventually acquired, the agreement also obligates SAFCA to promptly accept a transfer of title from the County.
Importantly, the agreement does not commit the County to acquire either site. The Board will have a subsequent opportunity--likely in late-2017--to deliberate and vote on any land acquisitions. At that time, it will also have an environmental review (CEQA) document for the proposed remediation that details any potential environmental impacts and associated mitigation measures. Approval of the agreement is thus only a preliminary step intended to facilitate pre-purchase due diligence and it does not limit the Board's discretion to later decline to acquire either property. However, if the Board later votes to acquire one or both sites for subsequent conveyance to SAFCA, the agreement ensures all County acquisition costs will also be covered.
Staff recommend approval of the agreement as a means of helping to ensure remediation of the Bryte Landfill and to promote a continued partnership with SAFCA. |
| Collaborations (including Board advisory groups and external partner agencies) |
| County Administrator's Office and the Department of Community Services (Environmental Health Division). |
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| Fiscal Impact |
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