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HomeMy WebLinkAboutMINUTES - 03141995 - I.O-07 I.0_.-7 Ti's: BOARD OF SUPERVISORS FROM: , INTERNAL OPERATIONCOMMITTEEf Contra S Costa DATE: March 6, 1995 County SUBJECT: AGRICULTURAL SOILS TRUST FUND `� SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. ACKNOWLEDGE and ACCEPT the offer of Patricia Curtin, of Gagen, McCoy, McMahon and Armstrong Law Offices, that this firm will, pro bono, work with County staff to establish the Contra Costa County Agricultural Trust. The County Counsel's office will be requested to review this material prior to finalization. 2. ESTABLISH a three agency staff Board of Directors to administer the day-to-day operations of the Agricultural Trust. The three agencies to be represented on the Committee are to be the Contra Costa Director of Community Development, the Contra Costa Director of the Agriculture Department, and the Assistant General Manager - Advanced Planning and Land Acquisition, for the East Bay Regional Park District. 3 . APPROVE the Purpose and Goals of the Agricultural Trust (see Attachment A) . 4. APPROVE the checklist for Securing Property as a guide for the Board of Directors in considering acquisition of property (see Attachment B) . 5. REAFFIRM the Agricultural Trust Scope of Work as adopted by the Board of Supervisors on December 20, 1994 (see Attachment C) . 6. REQUEST the Director of Community Development to further report to the Internal Operations Committee (IOC) in June or July on the establishment of the trust and other efforts to make it operational. 7. REQUEST Community Development Department staff to report back to the IOC on alternative expenditure approaches that could be tried to maximum use of funds in protecting agricultural lands. CONTINUED ON ATTACHMENT: x YES RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : Supervisor Mark DeSaulnier S pervisor Jim Rogers ACTION OF BOARD ON March 14, 1995 APPROVED AS RECOMMENDED ,� OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: Slrl- ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Jim Cutler (510/646-2035) ATTESTED_ MAR 14 1995 cc: Community Development Department (CDD) PHIL BATCHELOR, CLERK OF County Administrator THE BOARD OF SUPERVISORS County Counsel AND COUNTY ADMINISTRATOR Patricia Curtin, GMcMcA (via CDD) JWC:gms BY ' ,tM , DEPUTY p15\bo\AGtrust.2 Agricultural Soils Trust Fund 1.0. T Page Two -Continued- FISCAL IMPACT The Board of Supervisors has provided some monies to help establish the Agricultural Trust from the Keller Mitigation funds. The commitment of pro-bono legal assistance will help subvent the costs. BACKGROUND/REASONS FOR RECOMMENDATIONS On April 19, 1994, the Board of Supervisors endorsed recommendations from IOC, which urged the Board of Supervisors to establish an agricultural land trust program for the Agricultural Core Area. The Board of Supervisors endorsed the recommendations and directed Community Development Department staff to proceed with a program to create a land trust. Currently, $500, 000 exists in the Keller Canyon Mitigation Fund for the establishment of the Agriculture Soils Land Trust. The establishment of an Agricultural Soils Land Trust will assist in implementing components of Measure C 1990 and the General Plan 1990-2005. These documents impress upon the " . . .to protect and promote the economic viability of agricultural land by appropriate standards and policies. " The establishment of a land trust is one way to permanently protect agriculture land in a predominately urban county. On September 20, 1994, the Board of Supervisors approved the recommendations of the IOC. The recommendations were as follows: 1. Endorse the revised Work Program for the development of an Agriculture Soils Trust (as outline in the IOC memorandum dated September 8, 1994) . 2 . Direct Community Development Department staff to proceed with this project with the assistance from other appropriate County staff. 3 . Indicate that, based on current information, the Board of Supervisors believes that if an Agriculture Soils Land Trust is created, it should be created as a private, non-profit corporation with a Board of Directors which is appointed by the Board of Supervisors but is otherwise independent from the Board of Supervisors. IMPLEMENTATION 1. LEGAL ASSISTANCE TO ESTABLISH THE TRUST Staff has requested the assistance from the legal community in the establishment of this non-profit trust. Patricia Curtin, of the firm of Gagen, McCoy, McMahon and Armstrong, has indicated that their firm would be delighted to provide, pro-bono, the legal work necessary to establish the trust. The Director of Community Development will send a letter formalizing this arrangement, should the Board of Supervisors agree with this offer. Since this will be a County directed trust, the County Counsel's office should assist in the review of documents necessary to establish the trust. The efforts of the law firm is to file for Non-Profit Incorporation. Land conservation can take place without incorporating. A land trust that is going to raise money and hold land and/or easements is strongly advised to incorporate as a 501-C3 . To complete the process of non-profit corporation, the following efforts need to be undertaken: I.O.-7 Agricultural Soils 7rrust Fund Page Three -Continued- A. Investigate the specific requirements for incorporation in California. B. Draft and file the corporate charter. C. Draft an adopt bylaws. 2 . ESTABLISHMENT OF THE BOARD OF DIRECTORS All trusts need a Board of Directors to administer the Trust program. Given the very small amount of money currently available ($500, 000) for work of the Trust, it is recommended that a three-person Board of Directors be established. Those recommended for the Board of Directors should be the Director of Community Development, the Director of the Agriculture Department, and the Assistant General Manager - Advanced Planning and Land Acquisition for the East Bay Regional Park District. Those individuals may allow for alternates from their staff to participate for them. This group would be responsible for the day-to-day efforts of the Agricultural Trusts. If at some future time funding opportunities expand, the Board of Supervisors might, at that time, consider modification of the Board of Directors to provide for a broader public representation. Initially, the workload is not conducive to that type of committee. 4 . STATEMENT OF PURPOSE AND GOALS The statement of Purpose and Goals is very important because it keeps the organization on track and harnessed to its public purpose. A clear mission statement helps to ensure the organization's resources are used effectively. The statement of Purpose and Goals is a requirement for non- profit, tax exempt status. The land trust is bound to operate in accordance with them. Attachment A provides the proposed Purpose and Goals of the Agricultural Trust. 5. ESTABLISH A WRITTEN CRITERIA FOR SELECTION OF QUALIFIED LAND AND CONSERVATION EASEMENT ACQUISITIONS TO BE UTILIZED AS A GUIDE ON ACQUIRING LAND RIGHTS To be able to select land conservation projects that are sound and viable and that fit with its mission and program, a land trust needs to establish a selection process for acquiring land. The generalized steps are shown on Attachment B. Additionally, the trust will need to establish a selection criteria for eligible land to be acquired under the trust. By establishing a Board of Directors for the Trust now, they can begin establishing "selection criteria" at their first meeting(s) while the process of actually establishing the trust proceeds. Once the trust is established, the Board of Directors will be in a position to move on acquisitions. The final selection criteria shall be forwarded to the Board of Supervisors for comment. p15:\boW0trast.2 Attachment A Purpose and Goals Mission: The Purpose of the Contra Costa County Agriculture Soils Land Trust is to promote the oonsm ation of remaining Agriculture Land in Contra County Goals: 1)To Sme as a recipient of land,and to acquire land,via conservation easement, for preservation. 2) Buffer agricultural uses from the expanding urban areas. 3) Create and sustain greater open space corridors and wildlife habitats. 4) Help ensure overall economic viability of agriculture in Contra Costa County. S) Assist in maintain a"critical mass"of agriculture within Contra Costa County. 1 r 7 Attachment B Check List for Securing Property ❑ Before purchasing a conservation easement,a land trust should establish a check list that includes the following. ❑ Conducting research on the property and landowner ❑ Contacting/meeting with the landowner ❑ Visiting the property ❑ Identifying the property's agricultural value ❑ Board or staff approval to proceed ❑ Obtaining the landowner's deed and mortgage deed ❑ Identifying the zoning and other land use regulations that may apply ❑ Obtaining maps of the property ❑ Obtain photos ofthe property ❑ Identifj-boundaries-survey ❑ Iden ging any liens,encumbrance,==ucnts,or restrictions on the property;owneralup of mineral rights ❑ Completing a preliminary evaluation fro hazardous wastes ❑ Obtain a title abstract and title insurance ❑ Obtain a mortgage subordination ❑ Sending a letter documenting the landowner's need to obtain own legal counsel and financial advice ❑ Completing any written letter of understanding about the purpose or use of the propem. ❑ Obtaining an appraisal ❑ Legal review by the landowners counsel ❑ Legal review by the land trust's counsel ❑ Completing the criteria sheet for use in Board review ❑ Board review and approval • •� T t ❑ Signing and recording of the deed ❑ Thanking the donor ❑ Completing by the donor of IRS form 8283 and signing by the land trust ❑ Preparing and distributing press releases ❑ Boundary posting ❑ Organizing baselines data and establishing monitoring schedules Attachment C SCOPE OF WORK for AGRICULTURAL SOILS LAND TRUST L PROJECT DESCRIPTION AND BACKGROUND On March 28, 1994,the Board of Supervisors directed the Community Development Department to consider the creation of an Agricultural Soils Land Trust for the purpose of complying with the components of Measure C 1990 and the General Plan 1990-2005. Prior to this direction, the Board completed a rezoning of the Agriculture Core which resulted in rezoning almost all of those properties to the A-40(Exclusive Agriculture)District. This rezoning implements the mandates of ensure C-1990 and the policy provisions in the County General Plan. Measure C 1990 states "The 65/35 Land Preservation Plan policies are intended to: Protect and promote the economic viability of agricultural land by appropriate standards and policies.In section 3 B-(1) of Measure C-1990, Statement'of Findings and Policy,,., "Growing urbanization o:the County is threatening the long term viability of the County's agricultural and open space land, parks,wetlands,hillsides and rtdgelines. Preservation and buffering of agricultural land is critical to maintaining a healthy and competitive agricultural economy and assuring a balance in land uses in the County." The text of Measure C clearly expresses the implied need for protecting agricultural resources. A land trust oriented program is one way to permanently protect the prime agricultural soils of the County.The General Plan discusses the reasoning behind the delineation of the Agricultural Core as follows, "The purpose of the Agricultural Core designation is to preserve and protect the farmlands of the County which are the most capable of,and generally used for,the production of food,fiber,and plant materials.In accordance with Measure C-1990,the Agricultural Core is to be protected by requiring a higher minimum parcel size to attempt to maintain economically viable, commercial agricultural units' The County General Plan also states the need for permanent protection of the prime agricultural soils.The Land Use Element of the general plan states in one of it's policies,"Establish standards and policies designed to protect the economic viability of agricultural land which may include, but not necessarily be limited to, preservation agreements, conservation easements, clustering,and establishment of agricultural mitigation fees."As part of the larger task of creating a trust-oriented program, staff will be examining these specific measures in more detail in developing a more formal recommendation to the Board of Supervisors. Funding-At the current time$250,000 has been collected from in the Keller Canyon L.andfnlI Open Space and Agriculture mitigation fees.This fee is presently set at$2.00 per ton, however this may be changed by the Board of Supervisors in the near future. Other funding sources could include establishing a countywide agriculture mitigation fee. Conceptually, future development could be assessed a fee to insure the long-term viability of agriculture. The fees collected under such a program could be used to fund the Agriculture Soils Land Trust Program. Exploring this option would require additional staff work if the Board of Supervisors decided to pursue this. U. THE TRUST AND LAND MANAGEMENT OPTIONS Previous Board Direction - On March 28, 1994 the Internal Operations Committee made the recommendation to the Board of Supervisors for Community Development Department staff to begin work which would detail the accessary steps needed to create a land must oriented program. T Ire Overall Intent- The overall intent of the Agricultural Soils Trust Fund is two-fold, (1)To provide a mechanism to preserve and protect the soils in the Agricultural Core area; and to (2) psmote the economic viability of agricultural land. This effort is intended to further implement Measure C-1994 and the policy provisions of the County General Plan The following is a brief description of the rough mechanics of how the trust would operate. a)LEGAL STATUS OF THE TRUST Nonprofit Incorporation- The Agricultural Soils Land Trust would be a non-stock corporation organized for charitable purposes. Such an entity has a legal identity with the state of California which is separate from that of individuals irvolved in their management. To make landowners eligible for a tax donation upon donating land to the Trust,the Trust must be identified as a public charity under the Internal Revenue code section 501 (cx3). Tax Exemption -Application for tax exemption requires completing federal tax form 1023. (also obtain a copy of IRS publication 557, Tax Exempl,,Status for your Jkyanization) This can be expected to take eight months to a year to complete. b) LAND MANAGEMENT OPTIONS As part of considering the various Land management options available to the Trust,the following are the most common form of acquiring property rights or land in fee. Conservation Easements - Instead of an outright purchase, a conservation easement can be purchased. A conservation easement establishes a long-term commitment for using the property for agriculture use. While the development right belongs to the Trust, the ownership of the property still remains with the original property owner. Conservation easements seem to be the most common way of acquiring property rights and are used by other land trusts throughout the state. Land Acquisition - Staff's report will also discuss the various land acquisition options which include the following: acquiring the property in fee,lease back`to dedicated agricultural growers, accept gifts and donations,or the use of any combination of these. land Stewardship- If the land is purchased outright,the land trust is responsible for managing the land. If an easement is purchased the Board will develop polices that require agricultural activities.A part of the forthcoming report,the following question will be answered what(if any) policies will be in place that effect the land which is under the jurisdiction of the Trust.Who will determine what will take place on the land once it is acquired,or who will that decision rest with, the landownedleaser. GrfxrtDonations to Trust -A minimum amount of land area must be established for donations or gifts. Criteria must be established for accepting land donations. y . 1 M. MECHANICS OF THE LAND TRUST a) ESTABLISH BOARD OF DIRECTORS A Board of Directors must be established for the Trust. The board will assume legal responsibility and accountability for the affairs of the organization. Part of staffs work will outline an initial recommendation.to the Board on composition of the Board of Directors. b) ESTABLISH PURPOSE AND GOALS A land trust must have a clear purpose and goals. Staff will establish purpose and goals that provide the Agricultural Trust with a framework in which to acquire properties.Help from the Land Trust Association,The Trust for public land,and various public trust agencies. c) HOW 1HE AGRICULTURAL SOILS LAND TRUST WILL OPERATE 1)Staff will propose an initial set of criteria which will establish the process for prioritizing land acquisitions in addition to drafting criteria for'sand acquisition.The report will describe day-today staffing needs. 2) The Trust will formally adopt policies which describes appropriate uses of land under it's jurisdiction.