Agenda

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C. 17

To:	Board of Supervisors
From:	TRANSPORTATION, WATER & INFRASTRUCTURE COMMITTEE
Date:	December 15, 2015

Contra

Costa

County

Subject:

Execute a Master Grant Contract with East Bay Regional Park District under the Measure WW Park Bond Extension

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 12/15/2015

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Mary N. Piepho, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:

Kristine Solseng, (925) 674-7809

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: December 15, 2015
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

ADOPT Resolution No. 2015/457 approving and authorizing the Conservation and Development Director, or designee, to execute a Master Grant Contract with the East Bay Regional Park District under the Measure WW Park Bond Extension, granting to the County the amount of $3,046,374 for capital parks and recreation projects in the unincorporated areas of the County not located within a County Service Area, Community Services District or other local district that funds parks, for the period December 15, 2015 through December 31, 2018.

FISCAL IMPACT:

No impact to the County General Fund. All project costs will be funded by revenue from local grant funds from East Bay Regional Park District under the Measure WW Park Bond Extension.

BACKGROUND:

In November 2008, Alameda and Contra Costa County voters approved the East Bay Regional Park District’s (EBRPD) Measure WW Regional Open Space, Wildlife, Shoreline and Parks Bond Extension. From that measure, a total of $7.93 million is allocated for local park purposes to areas within the unincorporated area of the county. These funds were allocated to specific County Services Areas (CSA) ($2.49 million), Community Service Districts (CSD) and local Recreation and Park Districts ($2.39 million), and to unincorporated areas not in a CSA, CSD or local park district ($3.05 million). The third category, distribution of approximately $3.05 million to unincorporated areas not in a CSA, CSD or local park district, is the subject of this board order.

If the Board approves Resolution No. 2015/457, the County's designee, the Conservation and Development Director, will be authorized to execute a Master Contract with EBRPD to receive grants from the Measure WW Bond for the total amount of $3,046,374. The County is designated as "Grantee" and EBRPD as "Grantor." The County agreements to indemnify and defend EBRPD, for any claims, including liabilities arising out of the acquisition, development, construction, operation or maintenance of project properties, unless the liability arises out of the concurrent or sole negligence of EBRPD, its officers, agents, or employees.

Pursuant to the Measure WW, the projects must meet the following standards:

Insure equitable geographic distribution of the funds.
Property/facilities funded through Measure WW must be retained for that purpose for at least 25 years and shall be maintained and operated by the County, or a contractor approved by EBRPD, for at least 25 years.
Provide lands and facilities for recreational activities and services and historic preservation. Capital projects may include acquisition of park land and development of recreational facilities, including renovation of existing facilities.
Public art projects are eligible as long as they are in or adjacent to a parks and recreation facility.
Projects must be complete by December, 2018.

The County may transfer the responsibility to maintain and operate the property with EBRPD's approval. If the use of the property or portion of the property is changed to a use that is not for park and recreation, or if the property is sold or otherwise disposed of, an amount equal to the greater of (1) the amount of the grant, (2) the fair market value of the real property, or (3) the proceeds from the sale or other disposition, shall be used by the County for a parks and recreation capital purpose, pursuant to agreement with EBRPD, or shall be reimbursed to the District and be available for appropriation by the EBRPD Board of Directors of an authorized purpose.

The matrix below outlines the proposed projects to be submitted to EBRPD for approval for areas in the unincorporated County not in a CSA or CSD.

Proposed Project	Description	Estimated Amount
District 1 – Urban Tilth	Development of a 3.1 acre site into an agricultural park and riparian learning center in North Richmond. Property is owned by the County and leased to Urban Tilth, a 501(c)3 nonprofit organization.	$500,000
District 1 – Mira Vista Fields	Improvements to an approximately 8 acre open space park located below Mira Vista Elementary School in East Richmond Heights including, but not limited to, gateway improvements, plantings, new benches, and potential improvements to the pathway. Property is owned by the West Contra Costa Unified School District and will enter into a 25 year agreement with Contra Costa County to meet Measure WW requirements.	$100,000
District 2 – Tice Valley Linear Park	Acquisition of property and development of a linear park and path near Tice Valley road, including, but not limited to, trail construction, benches, and plantings. Property is owned or will be acquired by the County.	$600,000
District 3 – Excelsior Middle School Play Fields	Renovation of the play fields and development of an all-abilities playground at Excelsior Middle School in Byron. Property is owned by the Byron Unified school district and will enter into a 25 year agreement with Contra Costa County to meet Measure WW requirements.	$600,000
District 4 – Iron Horse Trail Improvements	Improvements along the Iron Horse Trail in the Contra Costa Centre area, including, but not limited to, site remediation, plantings, and trail improvement/construction. Sites are owned by Contra Costa County and Contra Costa County Successor Agency.	$600,000
District 5 – Las Juntas Elementary School Play Fields	Renovation of play fields at Las Juntas Elementary School in unincorporated Martinez. Property is owned by the Martinez School district and will enter in a 25 year agreement with Contra Costa County to meet Measure WW requirements.	$550,000
District 5 – Pacheco Creekside Park Trail	Improvements along the Pacheco Creekside Trail including, but not limited to, items such as sidewalk ramps, benches, and garbage containers.	$50,000
Contingency	Funds set aside should a project need additional funding	$46,374
Total		$3,046,374

On July 9, 2013 the Board of Supervisors determined that $600,000 would be allocated to each of the five supervisorial districts, with a $50,000 contingency fund available as needed. The above named projects are in various stages of development and all are expected to be completed within the three year period allowed by the funding criteria. Staff has worked with each of the District Offices to identify projects that meeting the funding criteria. Given some projects are early in the development phase, there may be some changes to the final project list as we work with EBRPD on implementation. Additionally, staff recommends the funding request to EBRPD include a provision to allow up to 10% of the total contract amount be transferred between projects at the discretion of grant administrator. As these projects are further developed, changes to the master agreement with East Bay Regional Park District may be necessary to shift funds as needed.

Once the County enters into a master contract with EBRPD, each individual project will then go through an application process for Measure WW Bond Extension funds.

CONSEQUENCE OF NEGATIVE ACTION:

Without Board approval, the Conservation and Development Director, or designee, with not enter into a Master Grant Contract and would not be able to apply for Measure WW Park Bond Extension funds for park projects within the designed areas.

CHILDREN'S IMPACT STATEMENT:

The proposed project will support the following community outcomes established in the Children's Report Card: 1) Children and youth are healthy and preparing for a productive adulthood; 2) Families are safe, stable and nurturing; 3) Communities are safe and provide a high quality of life for children and families.