HomeMy WebLinkAboutContract 1073 Edom Hill Transfer Station City Mitigation Agreement
The City of Cathedral City (herein called "CITY") and the County of Riverside (herein called
"COUNTY") desire to resolve matters related to issues surrounding the proposed Edom Hill
Transfer Station and related improvements (herein called "Project") and have entered into this
Agreement on NOV p 5 2002 .
WHEREAS, COUNTY plans to construct the Project at its Edom Hill Landfill immediately
adjacent to the City limits of Cathedral City on lands for which a land patent has been obtained
from the Federal Bureau of Land Management("BLM"); and
WHEREAS, traffic impacts related to the Project affect the CITY on Date Palm Drive, Varner
Road, and Edom Hill Landfill Road; and
WHEREAS, police and fire protection for the Project may rely upon services provided by the
CITY; and
WHEREAS, other indirect impacts to the CITY may be induced by long term use of the Project
by waste haulers from neighboring cities and unincorporated areas in a manner which cannot be
fully defined; and
WHEREAS, CITY and COUNTY have negotiated in good faith to provide a revenue stream
from the Project (the City Mitigation Fee) which is deemed to be fair and reasonable to offset
and mitigate the cost of specified improvements herein committed to be constructed by the
CITY; and
WHEREAS, CITY and COUNTY agree that the City Mitigation Fee provided for herein
represents a good faith estimate of the revenue stream required to fund the cost of said specified
improvements; and
WHEREAS, CITY and COUNTY agree that excess revenues collected from the City Mitigation
Fee, if any, may be used as well to offset the cost of providing improvements and public services
to or for the Project, as may be deemed appropriate by the CITY;
NOW,THEREFORE,THE PARTIES AGREE AS FOLLOWS:
COUNTY shall:
1. Collect a City Mitigation Fee in the amount of one dollar($1.00) per ton for all incoming
solid waste and forward said Fee to the CITY on a monthly basis for so long as the
Project, including any related expansion, is operational;
2. In the event that COUNTY expands or adds another waste handling project immediately
adjacent to the Project within the CITY limits, COUNTY shall submit the proposal to the
CITY for comments, which comments COUNTY shall evaluate and consider in
approving the final Project expansion.
NOV 0 5 7002
3. COUNTY agrees that waste related materials (including source separated recyclables)
delivered to the expanded Project for which the Project operator collects a fee, shall be
treated as part of the waste stream for which the City Mitigation Fee shall be collected,
providing however, the fee shall only be applied one time if the waste moves from one
stage of the Project to another.
CITY shall:
1. Agree to construct the project related road improvements listed below, on or before the
following schedule:
a. Within 15 months of the Project becoming operational:
1) Construct traffic turn lane pockets including asphalt overlays of the
entire roadway, at the following locations:
a) On southbound Varner Road, onto Date Palm Drive
b) On southbound Varner Road, onto Edom Hill Road
c) On northbound Varner Road, onto Edom Hill Road
2) Repair or reconstruct short reaches of structurally damaged roadway
along Edom Hill Road
b. Within 39 months of the Project becoming operational:
1) Construct an approximate 4700 foot climbing Lane along Edom Hill
Road, from Varner Road easterly
2) Overlay the entire existing Edom Hill Road with 1.5" asphalt from the
Project boundary to Varner Road, with reconstruction as needed near its
intersection with Varner Road
c. Within 123 months of the Project becoming operational:
1) Signalization of the Edom Hill Road and Varner Road Intersection
2) Signalization of the Date Palm Drive and Varner Road Intersection
2. Agree to support the Project and not sponsor or promote any competing project within the
CITY. In the event, however, that the Project is not constructed as contemplated herein,
the City may then sponsor or promote any alternative facility.
It is further mutually agreed that:
1. If tonnage goes elsewhere (i.e., the Coachella Valley Transfer Station or another
Conversion Technology project elsewhere in the Valley), the traffic impacts and related
CITY mitigation costs will be less, resulting therefore in no increase in the City
Mitigation Fee.
2. If the CITY realigns Date Palm Drive to become a through street and effectively
eliminates the need for signalization as planned in item 1(c)(2) herein above, the
signalization at this intersection is no longer required as a CITY project.
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3. Ongoing maintenance of the Project related offsite street improvements, and other public
safety related costs resulting from the Project, may be funded from the City Mitigation
Fee;
4. Funds accrued from the City Mitigation Fees planned herein which are in excess of the
actual cost of the clearly defined Project related offsite improvements or their
maintenance, may be spent on upgrading streets, acquiring rights of way, providing
habitat mitigation, or providing other public services within the CITY which are related
to the Project, as may be deemed appropriate solely by the CITY.
5. If future Project expansion or enhancements require some development within the CITY
immediately adjacent to the proposed project, County standards and County plan review,
with only courtesy CITY input is agreed to; and, the current agreement between
COUNTY and CITY dated January 9, 2001 (Land Use Agreement) shall not apply to this
Project expansion. Said Land Use Agreement however, shall remain in effect with
respect to the remaining properties it covers.
No further City Mitigation Fee shall be required for any related expanded project immediately
adjacent to the COUNTY Project, providing however waste related materials delivered to the
combined projects as defined herein, shall be used as the basis for calculating the City Mitigation
Fee. Notwithstanding the above, CITY shall retain its rights to comment on other environmental
impacts anticipated from any expansion of the Project as provided herein.
RIVERSIDE COUNTY CITY OF CATHEDRAL CITY
WASTE MANAGEMENT DEPARTMENT 68-700 Avendia Lalo Guerrero
14310 Frederick Street Cathedral City, CA 92234
Moreno Valley, CA 92553
Dated: NOV 0 5 2002 Dated: '
12111B
RECOMMENDED FOR APPROVAL B '41
• / / Mayor
BY: ! ,,
Robert A.Nelson,General anager-Chief Engineer ATTEST;
COUNTY OF RIVERSIDEB , = ' • °f
Clerk (Seal)
By: � ,$44& • .
airman, Board of Supervisors # u,,o� ca`ed
BOB BUSTER 146
ATTE T: Calitot°
B ��� ` .. APPROVED AS TO FORM:
Clea.f the Board (Seal)
FORM APPROVED By
COUNTY COUNSEL Toni Eggebraaten,
Special Counsel
OCT 12002 3
BY
446,11,0_A_. NOV 0 5 2062 /07.P.•