HomeMy WebLinkAboutMINUTES - 11191996 - D15►I
SEL Contra
TO: BOARD OF SUPERVISORS - Costa
..
oi, •+rhm� is
FROM: Supervisor Tom Torlakson x, o County
DATE: November 19, 1996 TSTA °Ung`
SUBJECT: RECEIVE REPORT FROM COMMUNITY DEVELOPMENT DEPARTMENT ON THE
STATUS OF THE ESTABLISHMENT OF AN AGRICULTURAL TRUST FUND. ALSO,
RECEIVE CONFIRMATION`OF ALLOCATION OF $500,000 FROM KELLER
MITIGATION FUNDS FOR THIS PURPOSE.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)AND JUSTIFICATION
RECOMMENDED ACTION: Receive report from Community Development Department on the
status of the establishment of an Agricultural Trust. In addition, confirm allocation of $500,000 from
Keller Mitigation funds to be used for this purpose. Direct further action as appropriate.
BACKGROUND INFORMATION: In July 1995 the Director of Community Development provided the
Board of Supervisors with information relative to the formation of an Agricultural Trust in Contra
Costa County. Subsequently, the Board of Supervisors provided direction to establish such a trust
(see attached Board Orders dated November 15, 1996 and December 4, 1996). The December 4,
1996 Board Order provided direction (in Recommendation No. 5) that a report on the status of the
formation be provided to the Internal Operations committee in Spring 1996. It is now appropriate
that the full Board be brought up to date on efforts to establish this trust.
CONTINUED ON ATTACHMENT: X YES SIGNATURE: / h
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON November 19, 1996 APPROVED AS RECOMMENDED: OTHER: X
Please see Addendum (Attached) for Board Action.
VOTE OF SUPERVISORS:
UNANIMOUS(ABSENT )
I J T AYES: _IIj T NOES:
1 HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY
OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF
ABSENT: ABSTAIN: THE BOARD OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED
November 19, 1996
PHIL B OR,CLERK OF THE B OF
SUP VI SAND CO NTY AD IST
cc: County Administrator
Internal Operations (via CAO)
1ow/17
Community Development Department BY
Auditor-Controller
D.15
Item D.15
November 19, 1996
ADDENDUM
Supervisor Torlakson introduced this matter to the Board and Jim Cutler, Chief of
Advance Planning, Community Development Department, reported to the Board on
the status of the establishment of an Agricultural Trust Fund.
The Board member discussed the issues and took the following action:
1. RECEIVED oral report from Jim Cutler, Community Development Department,
on the status of the establishment of an Agricultural Trust Fund;
2. CONFIRMED allocation of $500,000 from Keller Mitigation funds for this
purpose;
3. DIRECTED the County Administrator to transfer the funds to be used as
provided in the trust document and ascertain that there is a functioning Board
of Trustees to receive and accept responsibility for the fund; and
4. REFERRED to the Internal Operations Committee for report to the Board in
January, 1997, on the status of the investments of the Trust Account.
Passed by the Board of Supervisors on November 19, 1996, by the following vote:
AYES: Supervisors Rogers, Bishop and Torlakson
NOES: Supervisors DeSaulnier and Smith
ABSENT: None
ABSTAIN: None
It was later determined that the allocation (Actions 2 and 3 above) needed four votes
for approval and would be relisted on the December 2, 1996, Agenda.
NCV-13-1996 14:09 5104278142 P.06
Contra
TO: INTEL OPERATIONS COMMITTEE
FRAM: HARVEY r. DRAGDON Post•N"brand fax fransmittai memo 7671 «of pgpoo► �
DIRECTOR OF COMMUNITY DEVELOPME To MIR G �.•
DATE: November 15, 1995 bept.
Ft,•
SUBJECT: A=CUL'1W4AL TRUST
SPECIFIC REQUESTS) OR RECOt DATION(S) i BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. APPROVZ the Articles of Incorporation and the Bylaws for
the Agricultural Frust of Contra Costa County.
2. DIRECT and AUTHORIZE ataff. to proceed with formation of
the Trust.
3. REQUEST the initial Board of Directors of the Trust to.
have a preliminary organizational meetings to discuss
their role and future concerns of action.
4. REQUEST the Community Development Department to further
explore how the Agricultural Trust could focus on a
mitigation bank approach in an effort to insure long
economic viability and to report these findings to the
term Board of Directors of the Trust.
5. REQUEST the Trust or County staff to report back to the
1996 Internal Operations Committee in the late spring to
insure that .formation is proceeding "and that they are
moving forward with a proposal to expend the $500,000
previously reserved by the Board for this purpose out of
Keller Mitigation funds.
FISCAL IMPACT
The cost of actual formation of the trust. There is $500,000 set
aside by Keller Mitigation fund for trust use.
CONTINUED ON ATTACHMENT: XX YES B10"TURE�r
RECd!lCM%TION OF CCXANTY ADMINISTRATOR _ RECOMMENDATION OF DOW COWITTEE
APFR101? pT�R
SIGNATURE(S) :
ACTION OF BOARD ON APPROVED AS RECC*XHDED OTHER
VOTE OF SUPERVISORS
Y HERESY CERTIFY THAT TRIS IS A
UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYE e: NOES: ACTION TAKEN AND ENTERED CN THE
ABSENT: ABSTAIN: MINUT$S QF 'M comm of
~y SUPERVISORS ON THE DATE SHORN.
oriQ: Jim Cuter, ($10.646.2034) ATTESTED
cc: Community Development Department* PHIL BATCHELOR, CLERK OF
CAO THE BOARD OF SUPERVISORS
County Counsel AND COUNTY ADMINISTRATOR
BY , DEPUTY
JWC:av JWC 1995\AgTrzt7.bo
p, i s"
hJOL}-1'-1196 14 09 5104278142 P.07
t
TO: Board of Supervisors
FROM: Internal Operations Committee
DATE- December 4, 1995
SUBJECTI AGRICUL77R14L TRUST
SPECIFIC REQbMST(S1 OR RECOMtQMATION(S) & 8ACXGROV= AND OVSTIPICATION
ItEC0�+7E27D��I0NS .
1. The $pard of Supervisors needs to select one of the
options below:
a. Determine to move ahead with the establishment
of an Agricultural Trust and to follow through
on recommendations 2, 3, 4 and 5 below.
b. Determine that establishing an Agricultural
Trust is not cost effective, but instead
direct staff to proceed on a mitigation bank
or agricultural land acquisition as a County
function_ Approve recommendations 4 and 5
below_
C. • Determine that establishing an Agricultural
Trust is not cost effective and consider
relocating the $500,000 monies to another
purpose. Take no action on any of the other
recommendations.
2. DIRECT and ALMORIZE staff to proceed with formation of
the Trust.
3. REQUEST the initial Board of Directors' of the Trust to
have a preliminary organizational meetings to discuss
their role and future concerns of action.
CONTINUED ON ATTACMMM: -)—[X YES 8I=4TU"
RECORhk'MTION OF COUNTY ADMXNISTRATOR RSCOMKMA%TION OF ARD COMMITTEE
APPROVE OTHE
SIGNATURL"(S) :
ACTION OF BOARD ON _ APPROVED AS ANCOMMF.MED OT R
VOTZ OF SUPERVISORS
19ZREBY CERTIVY TEAT THIS IS A
_— VNANIMOVS (ABSENT TRUE ANA CORRECT COPY OF AN
AYES: HOE8: ACTION TAKEN AND ENTER= ON THE
ABSENT: ABSTAIN: X%NUTEf OF THE BOA= OF
SUPRRVISORS 017 TUE DAT$ SHOWN.
Orig; Jim Muter, (510.646.2034) ATTZSTZD
cc: Community Development Department PEIL BATCZLOR, CLMM OF
CAO THE BOARD OF SUPERVISORS
County Counsel AND COUNTY ADMINISTRATOR
SY DBPVZY
7WC:aw ZStC 1995\AgTY6C.n0
-Dfs
5184278142 P.88
NOU-13-1�+Sh 14:10
AGRICMT08AL TRUSTS
December 4, 1995
Page Two
4. REQUEST the Community Development Department to further
explore how the Agricultural Trust could focus on a
mitigation bank approach in an effort to insure long
economic viability and to report those findings to the
term Board of Directors of the Trust.
.5. REQUEST the Trust. or County staff to report back to the
1996 Internal Operations Committee in the late spring to
insure that formation is proceeding and that they are
moving forward with a proposal to expend the $500,000
previously reserved by the Board for this purpose out of
Keller Mitigation funds.
FISCAL It ZLCT
The cost of actual formation of the trust. Where is $500,000 set
aside by Keller Mitigation fund for trust use.
BACK= ClNJUS'£IFICATT—ON
+The Community development Department has made reports to the
Internal Operations Committee on several occasions in 1995_ On
March 14, 1995, the XO gave direction to accept the pro Bono offer
of Patti Curtin of Gagen, McCoy, McMahon, and Armstrong's law
office to draft Articles of Incorporation and Bylaws for an
agricultural trust and provided additional direction on the nature
and extent of the trust. The Board of Supervisors directed the
staff to accept Patti Curtin's offer.
On July 17, 1995, the 10 considered the Draft Articles of
Incorporation and Bylaws for the Agricultural Trust of Contra Cost&
County. The IO also considered a report from staff raising a set
of policy issues on the proposed trust and if its establishment was
really justifiable and the same work couldn't be done as a County
,program_ The XO agreed to the formation of an Agricultural Soile
Trust that would have a broadened focus to include work on
mitigation banks and requested staff to return with a final set of
recommendations on how to proceed.
This report indicates that for the County to proceed on
establishing on Agricultural Trust, the Board needs to approve the
Articles of Incorporation and the Bylaws for the Agricultural Trust
of Contra Costa County and to direct staff to proceed with filing
the necessary papers to establish the trust. Th initial Board of
Directors of the trust could meet to discuss their role and future
courses of action.
While this organizational work in underway, the Community
Development Department should further explore the issue of how a
mitigation bank approach might help the economical viability of
such a trust and should share that report directly with the trust.
In late spring of 1996, the iasue of trust formation should be
redirected to the 1996 10 so the progress on this issue can be
reviewed and a determination made on when and how the $5DD,000
resented for the trust from the Keller Mitigation funds can be
transferred to the Trust.
TOTNL P.08