File #: 23-750    Version: 1 Name:
Type: Informational Report Status: Passed
File created: 5/25/2023 In control: Planning and Building
On agenda: 6/27/2023 Final action: 6/27/2023
Title: Reconcile Allocation of the Friends of the Eel River Mitigation and Remediation Grant Fund
Sponsors: Planning and Building, Laura McClenagan
Attachments: 1. Staff Report, 2. Attachment B - Penalty Payments to 2022, 3. Attachment A - Stipulated Settlement Agreement and Judgment of Dismissal - 10-11-19[21].pdf, 4. Attachment C - FOER Grant Fund Allocation Statement
Previous Action/Referral: 22-691, 21-1136, 23-1072, 23-952

To: Board of Supervisors

From: Planning and Building Department

Agenda Section: Consent

SUBJECT:
title
Reconcile Allocation of the Friends of the Eel River Mitigation and Remediation Grant Fund
end

RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Review the fines and penalties collected in conjunction with cannabis civil enforcement actions for Fiscal Years 2018-19 through 2021-22 of which a percentage is allocated to the Friends of the Eel River Mitigation and Remediation Grant Fund.
2. Review the spreadsheet reconciling the projected allocations versus actual allocations.
3. Reconcile and approve the adjusted allocation to the Friends of the Eel River Mitigation and Remediation Grant Fund to reflect 20% of actual fines and penalties collected as part of cannabis civil enforcement action.

Body
SOURCE OF FUNDING:
The Board authorized the creation of the Friends of the Eel River Mitigation and Remediation Grant Fund on Dec. 1, 2019 (file 19-1675). The funding is from fines and penalties associated with cannabis civil enforcement actions. These fines and penalties are deposited to the General Fund revenue line 1100888-707021.

DISCUSSION:
The Board of Supervisors is being asked to review and approve the allocation to the Friends of the Eel River Mitigation and Remediation Grant Fund (Fund). The revenue expected from this source is higher than is actually available.

The Fund was established in 2019 through a settlement agreement between Friends of the Eel River (FOER) and the County (Attachment A). The settlement dictated the Fund will be used to fund sediment reduction programs associated with roads serving cannabis cultivation sites. Per the settlement agreement, the initial allocation to the Fund was $1,100,000. The 2019 settlement also required an additional 20%)of all penalties collected through cannabis civil enforcement actions to be contributed to the fund for the next 3 years.

Based on projections, there was $...

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