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C. 24
To: Board of Supervisors
From: John Kopchik, Director, Conservation & Development Department
Date: March  8, 2022
The Seal of Contra Costa County, CA
Contra
Costa
County
Subject: Urban Tilth Park Use Agreement for Measure WW Funds

APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE

Action of Board On:   03/08/2022
APPROVED AS RECOMMENDED OTHER
Clerks Notes:

VOTE OF SUPERVISORS

AYE:
John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor
Contact: Kristine Solseng, (926)655-2905
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:     March  8, 2022
Monica Nino, County Administrator
 
BY: , Deputy

 

RECOMMENDATION(S):

APPROVE and AUTHORIZE the Conservation and Development Director, as fiscal agent for a portion of the East Bay Regional Park District (EBRPD) Measure WW Local Grant funds, to enter into a Park Use Agreement with Urban Tilth, a 501(c)(3) nonprofit corporation, in an amount not to exceed $306,715 to develop the Roots and Restoration Farm at 323 Brookside Drive in North Richmond and to submit the Park Use Agreement for the Roots and Restoration Farm revised project application.  
  

AUTHORIZE staff to apply to the East Bay Regional Park District (EBRPD) to reallocate $16,805.12 of the $3,046,374 of Measure WW funds awarded to the County by EBRPD to Urban Tilth's Roots and Restoration Farm.

FISCAL IMPACT:

No Impact to the General Fund. 100% of the costs will be paid by East Bay Regional Park District Measure WW Local Grant Funds.

BACKGROUND:

Measure WW 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).  
  
On December 15, 2015, the Board of Supervisors adopted a resolution authorizing the Department of Conservation and Development to enter into a Master Contract with EBRPD for the $3.05 million allocated to the unincorporated areas not in a CSA, CSD, or local park district. The Master Contract between the County and EBRPD was finalized on February 1, 2016, thus allowing the County to submit individual project applications to EBRPD for funding. The portion of Measure WW Funds allocated to unincorporated communities within a CSA are administered by Public Works and covered by a separate agreement.  
  
The Board of Supervisors approved a funding matrix at the December 15, 2015, meeting identifying individual projects to be submitted to EBRPD for funding. The project identified in Supervisorial District I was Urban Tilth's North Richmond Urban Farm Project, with an initial final allocation of $500,000. On March 13, 2018, the Board of Supervisors recommended a revised project allocation for the Urban Tilth project of $623,187.  
  
On May 15, 2018, EBRPD extended the deadline for all Measure WW projects to December 31, 2021. Due to the pandemic, on May 18, 2021, East Bay Regional Park District has extended the project deadline for all projects until December 31, 2024.  
  
Urban Tilth’s North Richmond Roots and Restoration Farm Background  
The Roots and Restoration Farm was established on the property at 323 Brookside Drive, Richmond, California, which was formally owned by the County and was leased to Urban Tilth for the development and ongoing operation of the North Richmond Roots and Restoration Farm. Supervisor Gioia has championed the creation and development of the North Richmond Urban Farm and the County has supported the farm's development through Park Dedication, Park Impact, and North Richmond Mitigation Fund fees totaling $1,018,000.  
  
On September 16, 2021, Urban Tilth purchased the property from the County and continues to develop the Farm as an agricultural park through the operation of a working farm, educational programs for the community, operation of a watershed education and training program, training of local youth in agriculture, production of honey and value-added farm products for sale, operation of a farm stand and café, associated building and facilities, and related purposes.  
  
Proposed Park Use Agreement  
The Proposed Park Use Agreement (see attached) states the Measure WW funds will be used to design, permit, and implement site preparation activities for the North Richmond Roots and Restoration Farm including, clearing the site, amending the soil, grading the site, installing hardscape, installing cultivation area, water infrastructure, and sewer infrastructure to the site. This work shall be completed in exchange for the project award.  
  
The initial project application to East Bay Regional Park District for the Roots and Restoration project included the lease between the County and Urban Tilth to meet the required land tenure requirement. With the lease no longer applicable, the County must submit a revised application with new tenure documentation for approval. The attached Park Use Agreement meets EBRPD’s land tenure requirements and outlines the responsibilities of the County and Urban Tilth for implementation of Measure WW grants. The Park Use Agreement will be effective as of September 15, 2021. Major components of the Agreement include the following:

  • The project shall be open to the public,
  • The agreement has a term of 25 years per EBRPD requirements,
  • Urban Tilth is responsible for completing the improvements identified in the scope,
  • Urban Tilth is responsible for maintenance of the site, and
  • The County is responsible for grant administration.
  
The agreement includes the following elements
  • Park Use Agreement
  • Attachment A: Master Contract between East Bay Regional Park District and Contra Costa County, including amendments and extensions
  • Attachment B: Project Site
  • Attachment C: Service Plan
  • Attachment D: Payment Request Requirements
  
The project was originally anticipated to be complete by December 31, 2021, however due to the pandemic and other logistical issues, the project will require additional time to be complete. The project is anticipated to be complete by the mandatory December 31, 2024, deadline.  
  
Reallocation of Measure WW Funds  
There is $16,805.12 of Measure WW funds remaining from the Iron Horse Corridor project that has been completed. The Roots and Restoration Farm is one of two projects that has not been closed out and the only project still under construction. The County can either return the funds to East Bay Regional Park District or request they be used for the Roots and Restoration Farm.  

CONSEQUENCE OF NEGATIVE ACTION:

If the contract is not extended, the planned improvements to the North Richmond Urban Farm will not be implemented.

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