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Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 39

Meeting Date: December 13, 2005

Subject/Title: Adopt a Resolution approving, and authorizing the City Manager to execute a Grant Agreement between the City of Brentwood and the California Cultural and Historical Endowment (CCHE) for the John Marsh Home Rehabilitation Project, CIP 352-5234 and revising the CIP 352-5234 project sheet accordingly.

Prepared by: Karen Wahl, Grants Program Manager

Submitted by: Craig Bronzan, Director, Parks and Recreation

RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager to execute a Grant Agreement in the amount of $819,839 between the City of Brentwood and the California Cultural and Historical Endowment (CCHE) for the John Marsh Home Rehabilitation Project, CIP 352-5234 and revising the CIP project sheet as necessary.

PREVIOUS ACTION
On September 24, 2004, City Council approved Resolution 2004-229 approving the filing a grant application to CCHE for the John Marsh Home Rehabilitation Project and designating the City Manager as the City’s authorized representative to execute the necessary documents for this grant program.

BACKGROUND
For years, the John Marsh Home has been recognized locally as an important historical landmark, one that needed to be saved and utilized to tell the history of this area. In recent years, as it passed in ownership from private, to the County, to the State of California, it has continued to deteriorate. Many plans and specific funding campaigns have been started, only to dissolve due to forces beyond local control. The John Marsh Home has now deteriorated into a condition that it is in immediate peril of completely falling down.

As a part of the public discussions of the Vineyards at Marsh Creek development in 2003, the John Marsh Home and Cowell Ranch, a unit of the state park system, again became important topics of discussion as the Vineyards was proposed to border the west and north sides of the property. As the John Marsh Home site was annexed into the City with the Vineyards project, the developer and the City continued to look for opportunities to help stabilize and restore the John Marsh Home and the adjacent approximate 4,000 acre state park open space area.

Through the approval process of the Vineyards project, the developer agreed to provide $350,000 for development of the General Plan for the John Marsh Home and state park property, and provide $500,000 in funding for work on the John Marsh Home. Both agreements were approved and the money has been paid to the City by the developer.

In 2004, City staff became aware of funding being made available from the State that could be used for the John Marsh Home. This funding was a result of Governor Davis signing the California Cultural and Historical Endowment Act in September 2002, which established the California Cultural and Historical Endowment (CCHE) in the California State Library (AB 716, Firebaugh, Chapter 1126, Statutes of 2002). The Act required the Endowment to use Proposition 40 funds to make grants and loans to public agencies and nonprofit organizations to protect and preserve California’s cultural and historic resources.

Requests for proposals for round one of the first cycle of funding were issued in September 2004 with a deadline for submittal of October 1, 2004. The City of Brentwood, in collaboration with California Department of Parks and Recreation, with support from the John Marsh Historic Trust, applied for $8,850,000 for emergency stabilization and restoration of the John Marsh Home (JMH) and completion of the general plan for the John Marsh Home/Cowell Ranch property. The grant request was made even though there was no money budgeted for startup, operation, and/or on going maintenance of the John Marsh Home/Cowell Ranch property.

The grant requested use of money as follows:

• $4,000,000 matching grant from the State
• $ 350,000 from the developer of the Vineyards for the General Plan
• $ 500,000 from the developer of the Vineyards for the John Marsh Home
• $2,400,000 from the City from discretionary fees paid to the City by the developer*
• $1,600,000 from park development fees paid by other development in the City*

*The $4,000,000 City match was to be collected by the City through build out of the City.

On May 18, 2005, the CCHE committee awarded funding to the John Marsh Rehabilitation Project; one of 13 projects to be funded from a total of 276 grant applications. However, the grant was only for phase one of the project, which included emergency stabilization of the JMH and completion of the General Plan for the JMH/Cowell Ranch property.

The action before City Council tonight is to approve and authorize the City Manager to execute a Grant Agreement between the City of Brentwood and the California Cultural and Historical Endowment (CCHE) for the John Marsh Rehabilitation Project (CIP #352-5234) and revising the CIP project sheet accordingly. Approval will allow for phase one of the project of emergency stabilization for the John Marsh Home.

The budget in this grant request is $2,304,563 and is paid for as follows:

CCHE Grant $819,839
General Plan (paid to City by Developer) $350,000
Developer contribution to City for JMH $500,000
City funds (discretionary funds) $634,724

Total $2,304,563

The grant agreement has been finalized with the CCHE Project Officer and approved as to form by both the City Attorney and the Assistant City Manager. Once approved by City Council, the City of Brentwood will act as the fiscal agent for the project and State Parks will be the project manager for the grant. This working relationship is one of the benefits of the Memorandum of Understanding that has been approved between the City of Brentwood and the California Department of Parks and Recreation for the restoration and development of a valuable cultural, historical, natural and recreational resource, the John Marsh Home and the Cowell Ranch property.

DISCUSSION: FUTURE CITY INVOLVEMENT/FINANCIAL ASSISTANCE
The original grant request, if funded, would have provided for stabilization and restoration of the John Marsh Home. As the original grant request only funds the stabilization phase, there have been questions by the John Marsh Historic Trust as to the City’s involvement in future grant requests and use of City money. The deadline for application in round two of funding is January 31, 2006. The John Marsh Historic Trust representatives believe the City has agreed to use City staff to apply for future grants, and has as their expectation, the City will continue to match up to the $4,000,000 previous grant match. Subtracting the $634,724 from round one, they believe the City should still match $3,365,276 for future projects. It is also staffs understanding that the John Marsh Historic Trust expects the money will be earmarked and spent on future restoration of the home itself, not on any other projects for the State Park.

Staff has done an initial review of the round two requirements, which indicate:
• CCHE wants projects that preserve, interpret or enhance the understanding of threads of California’s story and communities that are absent or underrepresented in existing historical parks, etc.
• If the City is to act as applicant for the second round, we must appoint a formal Community Advisory Committee. Requirements are:

o members must reflect a “diverse and inclusive group of individuals.”
o clear procedures must be established to reflect the input of the community.
o date the CAC was established
o CAC’s overall goals and objectives and indication of what type of decision-making authority they have with the project
o List of members by name, affiliation with project, years with the project, specific role in the project, and a brief profile of each member.
o The CAC is to provide direct input into the decision-making phase of the project

o The contractor for the job must be identified as well as their role, responsibilities and tasks.

o If the City is to be a contender in the second round it needs to provide concrete information (not anecdotal) about the contributions of “unique and identifiable ethnic and other communities that have added significant elements to California’s culture.” We need to describe an untold story or different aspect of a well-known “thread” such as:

• verifiable evidence of the influence of women, Miwok life and/or the Native American population, Spanish/Mexican influence, (maybe Chinese?) as it relates to John Marsh’s years here.
• If it exists, culturally significant aspects of the changing ways that ordinary or particularly creative people lived their daily lives during the course of California’s culture
• Also helpful would be industries, individuals, groups, commercial enterprises that built California’s economic strength. (shipping, agriculture, beef and hides, etc. and the people involved.)
• Documentation of steps that have been taken to inform members of a target audience of the current and future plans – a clear connection with community goals and needs.

o The proposed budget will have to be strong – much more than what was used from the Historic Structures Report in round one funding.

• Match requirement is still 1:1; can be combination of in-kind and cash (with restrictions) – project staff time counts as cash match)
• The project must have matching funds showing a diversity of resources for the project – more than cash from the City. A chart is included that must show matching funds from fundraising.

o We need to define funds dedicated to sustain the project.

At this time, even if the John Marsh Home was stabilized and restored, there is no money available in the State Park budget for additional improvements, staffing, or operation. Additionally, no additional work can occur at the John Marsh Home or Cowell Ranch until the General Plan is completed and State Parks can determine the future plan for the home.

Staff is concerned about spending money incrementally on the John Marsh Home until there is a funding plan identified and a completed General Plan for the property. As a result, it is staff’s recommendation that the City defer any additional use of City funds until: 1) completion of the General Plan for the John Marsh Home and Cowell Ranch (expected to be completed in spring of 2007); 2) money to be spent from future park development fees is collected by the City; and 3) money has been identified that would allow for the opening and on-going operation of the John Marsh Home and Cowell Ranch.

FISCAL IMPACT
All grants made by the California Cultural and Historic Endowment Board require a minimum of 1:1 matching funds. The award of $819,839 for the John Marsh Home Restoration project will be matched by developer/City contributions identified in the 2005/06 – 2009/10 CIP as $1,484,724 over fiscal years 2005/06 and 2006/07. $350,000 of the total will be used for preparation of the General Plan for the Park which must be completed before this phase of the project will proceed. The request of $634,724 if approved will be paid out of the pre-paid discretionary money from the Vineyards development. Finance has confirmed there are sufficient funds for this increase and no revenue offsets are expected due to this amendment. There will be no known future reduction of costs to this project.

Attachments:
Resolution
Agreement
CIP Project Sheet

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT IN THE AMOUNT OF $819,839 BETWEEN THE CITY OF BRENTWOOD AND THE CALIFORNIA CULTURAL AND HISTORICAL ENDOWMENT (CCHE) UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROCTECTION ACT OF 2002 FOR THE JOHN MARSH HOME REHABILITATION PROJECT, CIP 352-5234 AND REVISING THE CIP 352-5234 PROJECT SHEET ACCORDINGLY

WHEREAS, the people of the State of California have enacted the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 (the “Act”), which provides funds to the State of California for the California Cultural and Historical Endowment (CCHE) Grant Program; and

WHEREAS, the City of Brentwood (the “City”) as received a matching grant from the CCHE for the John Marsh Home/Cowell Ranch stabilization/General Plan project that is to be memorialized by a grant agreement between the City and the CCHE (the “Agreement”); and

WHEREAS, CCHE has been delegated the responsibility for the creation and administration of the Agreement between the City and CCHE; and

WHEREAS, the Agreement requires the City to certify by resolution the approval of the Agreement and its terms before execution of the Agreement; and

WHEREAS, the City will commit $850,000 from the Vineyards at Marsh Creek development for completion of the State Park General Plan and work on the John Marsh Home, and $634,724 in City funds and revise the CIP 352-5234 project sheet accordingly, and

WHEREAS, upon execution of the Agreement and approval of its terms and conditions, the City of Brentwood will perform all of the tasks slated in the Agreement; and

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood

1. Approves the terms and conditions of the Agreement to be funded from the Act; and

2. Certifies that the City of Brentwood, in conjunction with California State Parks, has or will have sufficient funds to operate and maintain the Project; and

3. Certifies that the City has reviewed, understands and agrees to the Agreement; and

4. Appoints the City Manager as agent to conduct all negotiations, execute and submit all documents including, but not limited to, Scope of Work, CCHE Invoices, CCHE Progress Reports, CCHE Final Reports, and other documentation which may be necessary for the completion of the Project; and

5. Approves revised CIP 352-5234 project sheet attached.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on December 13, 2005 by the following vote:

AYES:
NOES:
ABSENT:
_____________________________
Brian Swisher
Mayor

ATTEST:
__________________________________
Margaret Wimberly, CMC
City Clerk
 

City Administration
City of Brentwood City Council
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E-mail allcouncil@brentwoodca.gov