Loading...
HomeMy WebLinkAbout11. CoCo San Sustainable Farm/AgLantis - Comparing progress to performance objectives Page 1 of 23 Item 11. CENTRALSAN CENTRAL CONTRA COSTA SANITARY DISTRICT July 5, 2018 TO: HONORABLE BOARD OF DIRECTORS FROM: DANEA GEMMELL, PLANNING AND DEVELOPMENT SERVICES DIVISION MANAGER REVIEWED BY: JEAN-MARC PETIT, DIRECTOR OF ENGINEERING AND TECHNICAL SERVICES KENTON L. ALM, DISTRICT COUNSEL ROGER S. BAILEY, GENERAL MANAGER SUBJECT: FOLLOW-UP ON MAY 17, 2018 BOARD REQUEST FOR A TABLE COMPARING AGLANTIS/COCO SAN SUSTAINABLE FARM PROGRESS TO PERFORMANCE OBJECTIVES As requested by the Board, additional information is provided below to assess the progress of AgLantis/CoCo San Sustainable Farm with performance objectives required by the Lease Agreement (Lease) and Conditions of Approval (COA). On May 17, 2018, staff forwarded the AgLantis 2017 Annual Report and its Strategic Plan updating the Business Plan for the following three years, in addition to a memo from staff assessing the report elements and adherence to minimum performance goals outlined in the Lease. A key discussion focused on determination of the first operational year of the Farm as this element defines the baseline for the performance measures to assess compliance of the Lease terms. While the Board engaged in a lengthy discussion over the challenges with the project, it did come to consensus that January 1, 2017 should be considered as the beginning of the first year of the project; the Board also requested a synopsis of what has been completed thus far under the Lease. A table comparing the progress of AgLantis to the performance goals for 2017 (Year 1) and the plans for Years 2 and 3 is provided as Attachment 1. Per the terms of the Lease, AgLantis is responsible for any COA imposed upon the Premises by the Land Use Permit. As such, a second table comparing the progress for both AgLantis and Central San for the COA is provided as Attachment 2. Staff is looking for clear direction from the Board to determine if the work completed by AgLantis meets the intent of the performance goals described in the Lease. After this direction is received, staff will prepare a Board order, which will first be presented at a Board meeting for review, and then sent to AgLantis to accept its Annual Report and Strategic Plan update. Any items that do not fully comply will be identified and presented to AgLantis to allow time to remedy. July 5, 2018 Regular Board Meeting Agenda Packet- Page 114 of 195 Page 2 of 23 For Year 1,AgLantis completed one of the three performance goals, to install perimeter fence along the runway protection zone, which is identified both in the Lease and the COA. No additional fence was required at this time as food crops were not planted nor aboveground improvements installed in this first year.A second goal to provide produce to the Food Bank or a non-commercial institution was not achieved, since, according to AgLantis, the soil was not in a condition to grow produce and the recycled water connection not yet installed. The third goal for Year 1 was to plant a crop, such as a green manure crop, over five acres of land. Though AgLantis had originally intended to use green manure crops to amend the sterile soil, this method was altered. Starting in 2016 and continuing through 2017,AgLantis started installing a stratified wood chip mulch and manure structure to create a "lasagna compost" in order to plant traditional row crops. The Board was given a presentation on the alternative method last year, but did not approve it at that time. For 2018, which is Year 2, there are four performance goals. I n its Strategic Plan,AgLantis has stated that it intends to plant a crop and hold summer classes, which will fulfill the development of a teaching curriculum and increase volunteers. If these are completed, then three of the performance goals would be met. Central San received the irrigation plan from AgLantis in May 2018 and has subsequently received its amended Title 22 permit for agriculture use.A connection and water meter were installed in mid-June 2018 so recycled water is now available for the Farm. The fourth performance goal needs Board input with respect to providing produce to the Food Bank or a non-commercial institution. AgLantis stated in its Strategic Plan that"Crops from the greenhouse will be available by Year 4 to provide produce to the Food Bank." It is silent on crops that are produced in traditional row crops. Feedback is requested on when it is necessary to provide produce grown on the site to the Food Bank or a non- commercial institution. Staff has contacted Contra Costa County Planning Department and Public Works to confirm what additional COAs must be completed, prior to row crops being installed for"initiation of use." Staff from the County Planning Department have noted that only the signs required in COA Nos. 30, 35, and 40 need to be installed to plant traditional row crops. Public Works noted that no additional COAs beyond those currently completed are necessary for row crop planting. Board direction is needed as well as confirmation whether the "lease performance goal requirements" for Year 1 (2017), including AgLantis substitutes, meets the intent of the Lease and the Board's expectations for reasonable progress in Years 2 (2018) and Year 3 (2019). ATTACHMENTS: 1. Lease Terms Comparison Table 2. Land Use Conditions of Approval Comparison Table 3. May 17, 2018 Assessment Memo on AgLantis/CoCo San Sustainable Farm July 5, 2018 Regular Board Meeting Agenda Packet- Page 115 of 195 Table Comparing AgLantis Progress to Lease Performance Goals Goal Cal Performance Goals AgLantis Performance Action or Planned Task Goals Met? Board Notes Year Year (Completed Actions are Bold) Feedback Re uested 1 2017 Amount of Produce provided to Food Bank or other Per 2018 Business Plan,"Crops from the greenhouse will be available by No' Excused for Soil in process of being amended non-commercial institutions Year 4 to provide produce to the Food Bank." Year 1 for crops.No irrigation until July 2018. 1 2017 Construct perimeter fencing around all aboveground In July 2017,AgLantis installed six-foot high chain link fencing along the Yes Food crops were not planted, improvements(except fencing around green manure Runway Protection Zone(RPZ)as required by COA#15. therefore fence installation was crop and some simple farm infrastructure to allow not necessary. planting) 1 2017 Plant a crop(such as green manure crop)-5 acres In mid-2016,AgLantis started placing 25 acre-feet of wood chip mulch, Minimally Alternate Board did not approve donated by PG&E and EcoMulch.In 2017,a large donation of horse compliant' Method alternative method. manure was placed on top of the wood chip structure to create a"lasagna compost'on the site. 2 2018 Plant a crop(such as green manure crop)-5 acres Planting a crop in 2018 identified as Objective No.7 in 2018 Business Plan. If completed Perimeter fence will need to be installed around 5 acre minimum of food crops per Year 1 requirements. 2 2018 Provide goods to a market or Donate goods to Food Per 2018 Business Plan,"Crops from the greenhouse will be available by No' Is Year 4 Irrigation available July 2018. Bank or School District(Quantity as forth in Business Year 4 to provide produce to the Food Bank." Acceptable for Plan) food crop? 2 2018 Develop a teaching plan curriculum Tanya Wood to provide summer STEM classes,Bethallyn Black If completed incorporating Farm in DVC classes;teaching plan curriculum to be submitted as part of future 2018 Annual Report. 2 2018 Increase volunteers participation by 15%from previous An additional fifteen volunteers in 2018 are needed to comply with this If completed year metric. 3 2019 Provide remaining fencing around food crops and Per 2018 Business Plan Goals for Next 5 Year,"Install more fence." If completed by Complete perimeter fencing. aboveground improvements 12/31/19 3 2019 Provide goods to a market or Donate goods to Food Per 2018 Business Plan,"Crops from the greenhouse will be available by Is Year 4 Year 4 is calendar year 2020. Bank or School District(Quantity as forth in Business Year 4 to provide produce to the Food Bank." Acceptable? Plan) 3 2019 Get Building Permit and construct Green House Per 5/12 email,"Greenhouse construction will begin in the next 9 months. If completed by We have until mid March to spend the$50,000 the Supervisors gave us to 12/31/19 build it,so we must be far along in construction by then." 3 2019 Provide a teaching facility and start sustainable Reference Year 2 Goals for curriculum;Teaching facility will need to be If completed by curriculum identified. 12/31/19 3 2019 Complete longterm Strategic Plan Fulfill all performance requirements of Lease as identified as Objective If completed by Board approval required of long No.18 for Year 3 in 2018 Business Plan. 12/31/19 term Strategic Plan. 3 2019 Submit Performance Requirements for Years 4,5&6 Fulfill all performance requirements of Lease as identified as Objective If completed by Board approval required for (which shall be subject to approval by District) No.18 for Year 3 in 2018 Business Plan. 12/31/19 Performance Requirements. 3 1 2019 Meet and confer to review amount of rent and ability Per Section 2.2 and 4.10 of Lease. to pay for recycled water 1 Lease requires all Performance Goals and Conditions of Approval to be satisfied.Though this items was not fully completed,staff is not proposing to take any action. July 5, 2018 Regular Board Meeting Agenda Packet- Page 116 of 195 Central San and AgLantis Conditions of Approval(COA)Tracking Sheet COA# COA Category COA Conditions of Approval(COA) Responsible Party Comments Status Sub-# Zoning Administrator Development is approved as generally described in the application materials received by the 1 Review Department of Conservation and Development/Community Development Division(CDD)on August 18, BOTH AgLantis revising site plan Outstanding 2015,and subject to the conditions below. Approval of a dirt/gravel parking lot where a paved parking lot is required is granted.Approval of no General 2 Variance Approval parking space stripping,no landscaping,and no lighting for the parking lot is also granted whereas CENTRAL SAN Constraint these items are otherwise required. Prior to the issuance of a building permit or initiation of use,whichever occurs first,the applicant shall Compliance Report submit a report addressing compliance with the conditions of approval for review and approval of CDD Required Prior to Issuance staff.The report shall list each condition followed by a description of what the applicant has provided as evidence of compliance with that condition.Unless otherwise indicated,the applicant will be 3 of a Building Permit or - AGLANTIS Complete Initiation of required to demonstrate compliance with the conditions of this report prior to issuance of Use construction permits or initiation of use.CDD staff may reject the report if it is not comprehensive with respect to applicable requirements for the requested action.The deposit for review of the Compliance Report is$500.00;the actual fee shall be time and materials. Compliance Report Required Prior to Issuance The applicant shall be allowed to begin farming activities prior to requesting building permits for 4 of a Building Permit or approved structures or buildings,given that all other applicable conditions of approval have been AGLANTIS Complete Initiation of satisfied. Use 5 Hours of Operation Hours of operation for the farm are limited to daylight hours,except for special events.Special events AGLANTIS General may extend into non-daylight hours. Constraint Educational events and special events which are related to agricultural/educational purposes,are permitted under this permit(e.g.,no space rental for birthday parties,COA-6 weddings or non- 6 Special Events agricultural related commercial events).Any proposed nonfarming related events must be reviewed AGLANTIS General Constraint for consideration and approval of the Zoning Administrator prior to commencement.After review and consideration a land use permit amendment may be required. 7 Special Events Employees,volunteers,and patrons of each special event are prohibited from obstructing traffic along AGLANTIS General any right-of-way unless expressly authorized by the Public Works Department. Constraint Delivery trucks or other equipment are prohibited from obstructing through traffic along any public General 8 Special Events roadway while loading or unloading equipment,unless expressly authorized by the Public Works AGLANTIS Constraint Department. 9 Special Events Prior to the event,the applicant shall obtain all the necessary permits(e.g.,Health Department AGLANTIS General permits,Fire District permits,Public Works,Sheriff Department,etc.)for the event. Constraint Applicant shall provide a minimum of two parking attendants along Imhoff Drive in order to direct General 10 Special Events traffic and avoid obstruction of the public right-of-way where attendance is expected above fifty AGLANTIS Constraint vehicles. Events shall not generate or emit any noise or sound that exceeds any of the levels in the table below, 11 Special Events when measured at the habitable space of any adjacent property.The noise generated or emitted shall AGLANTIS General not exceed the levels specified in the table for the duration of time specified in the table.Exterior Constraint noise levels shall be measured with a sound level meter if necessary. 12 Special Events The applicant shall ensure that all trash,rubbish,and similar wastes are kept in containers within the AGLANTIS General designated event area,and then disposed of in a proper manner. Constraint July 5, 2018 Regular Board Meeting Agenda Packet- Page 117 of 195Page 1 of 8 Central San and AgLantis Conditions of Approval(COA)Tracking Sheet COA# COA Category COA Conditions of Approval(COA) Responsible Party Comments Status Sub-# 13 Special Events The applicant shall ensure that the site is returned to its pre-existing and orderly condition once the AGLANTIS General event has ended. Constraint No sale or lease of outdoor advertising space is allowed with this permit(e.g.,only farm identification 14 General is allowed).Limited amounts of indoor/outdoor space(e.g.,booths,pamphlets,kiosks)is allowed to AGLANTIS General - showcase sustainable farming,Central Contra Costa Sanitary District,recycled water,partnering Constraint businesses and their products etc. A 6-8 foot chain-linked and/or wood fence is allowed to be installed at the perimeter of the farm's Fence installed along Runway lease area.No barbed-wire hoops or angled extensions are allowed.At a minimum,the fence shall be 15 General - AGLANTIS Protection Zone; Fence along Partial installed between the farm area and Runway Protection Zone(RPZ)prior to initiation of farming, activities(erosion control plantings excluded). perimeter is still outstanding 16 General The applicant shall provide a trash enclosure(s)which are screened from public view and that are AGLANTIS Outstanding serviced regularly. The applicant shall have an appropriate quantity of absorbent material available at all times to General 17 General respond to any accidental spills or equipment failures(e.g.,tracker hydraulic line breakage).Any AGLANTIS Constraint accidental spill shall be cleaned as soon as possible. 18 General No alcohol sales and/or storage are permitted with this permit.A land use permit modification review AGLANTIS General - and approval is required prior to alcohol sales and/or storage at the subject property. Constraint The farming operation may sell products produced on-site directly to the public.Additionally,up to 20 General 19 General percent of counter space may be available for the sale of value-added products that are closely AGLANTIS Constraint related to the agriculture business that are not produced on-site. 20 General No petroleum products or tobacco shall be sold or dispensed at the subject property. AGLANTIS General Constraint 30-days prior to submittal of a building permit to locate the cargo container/office on the subject property,the applicant shall provide CDD staff elevations reflecting architectural elements which 21 General when installed resemble a stick built building(e.g.,siding,pitched roof,windows and doors).Within AGLANTIS Required for Building Permit 30-days of completion of the construction,the applicant shall submit as-built photos to CDD staff for review and approval. 22 General Renting of space to contractors for storage of construction equipment is not allowed with this permit. AGLANTIS General Constraint 23 Aesthetics All new buildings and structures shall have a height limit of 30 feet above-groundlevel.(Mitigation AGLANTIS General Measure AES-1) Constraint 30-days prior to applying for building permits for structures or buildings,the applicant shall submit Required for 24 Aesthetics complete building/structure elevations for the review and approval of COD staff.(Mitigation Measure AGLANTIS Building Permit AES-2) 25 Aesthetics 30-days prior to applying for building permits for farm identification,the applicant shall submit a AGLANTIS Required for - complete sign program for review and approval of COD staff.(Mitigation Measure AES-3) Building Permit All buildings and structures shall be painted earth tone colors(e.g.,red paint for barn structures is 26 Aesthetics prohibited).Within 30-days of construction completion,the applicant shall provide COD staff with as- AGLANTIS Required for Building Permit built photographs for review and approval.(Mitigation Measure AES-4) July 5, 2018 Regular Board Meeting Agenda Packet- Page 118 of 195Page 2 of 8 Central San and AgLantis Conditions of Approval(COA)Tracking Sheet COA# COA Category COA Conditions of Approval(COA) Responsible Party Comments Status Sub-# 30-days prior to the issuance of a building permit,the applicant shall submit for review and approval 27 Aesthetics of COD staff a Lighting Plan.Exterior lights on the buildings shall be deflected downward and hooded AGLANTIS Required for - so that lights shine onto applicant's property and not toward adjacent properties.Security trip lighting Building Permit shall not be aimed upward.(Mitigation Measure AES-5) Exterior lighting fixtures shall be designed to minimize glare and the direct view of light sources as General 28 Aesthetics seen from adjacent properties.No lighting shall blink,flash or be of unusually high intensity or AGLANTIS Constraint brightness. 29 Aesthetics Lighting shall be attached to buildings and directed downwards other than groundlevel trip lighting. AGLANTIS General Free standing light poles and/or tall lighting fixtures are not allowed. Constraint 30 Aesthetics No internal illumination of any sign is allowed. AGLANTIS General Constraint Consistent with the Best Management Practices required by the Bay Area Air Quality Management District(BAAQMD),the following actions shall be incorporated into construction contracts if required and specifications for the project: •All haul trucks transporting soil,sand,or other loose material off-site shall be COA-9 Biology covered. •All vehicle speeds on unpaved roads shall be limited to 15 mph. •Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. •Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes(as required by the California airborne toxics control measure Title Sign with information 31 Air Quality - AGLANTIS fabricated and ready for Complete 13,Section 2485 of California Code of Regulations(CCR)). installation •All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. •A publicly visible sign shall be posted with the telephone number and contact information for the designated on-site construction manager available to receive and respond to dust complaints.This person shall report all complaints to Contra Costa County and take immediate corrective action as soon as practical but not more than 48 hours after the complaint is received.The BAAQMD's phone number shall also be visible to ensure compliance with applicable regulations.(Mitigation Measure AIR-1) July 5, 2018 Regular Board Meeting Agenda Packet- Page 119 of 195 Page 3 of 8 Central San and AgLantis Conditions of Approval(COA)Tracking Sheet COA# COA Category COA Conditions of Approval(COA) Responsible Party Comments Status Sub-# Preconstruction surveys for burrowing owls and implementation of impact avoidance measures,to include discouraging owl nesting or elimination of ground squirrel burrows.A pre-construction survey for burrowing owl burrows would assure that injury or harm to this species does not occur.The survey shall be conducted within thirty days prior to commencement of ground disturbance.The burrow survey consists of walking through suitable habitat over the entire project site and in areas within 150 meters of the project impact zone.Survey transects spaced no more than 30 meters between transect centerlines will be used.If the surveying biologist identifies an active burrow,the biologist will establish a 250-foot diameter buffer around the burrow and implement passive relocation techniques in accordance with the California Department of Fish&Wildlife guidelines.There are two approaches 32 Biology to impact avoidance or prevention of"Incidental Take"of burrowing owls.The first is to discourage AGLANTIS Complete use of the construction site.The second,if owls are using the site,destroy the ground squirrel burrows while the owls are absent.COA Discouraging owl use of the site: 1)Destroy the ground squirrel burrows,while the owls are not present,by disking or plowing. 2)Remove ground squirrels by fumigating burrows,using anticoagulants,trapping etc.,all when owls are not observed using the site.During owl's non-breeding season(Sept.1 to Jan.31),owl eviction from burrows with the assistance of the Department of Fish and Wildlife could occur.During the breeding season(Feb.1 to Aug.31),no disturbance to owls or their burrows shall occur until fledglings are able to survive on their own.Once this occurs,the burrow can be destroyed.With the implementation of the above described mitigation measure,the project is anticipated to have a less than significant impatc on Biological resouces.(Mitigation Measure BIO-1) Stop work and conduct an evaluation of accidental discovery of human remains or find. Section 7050.5 of the California Health and Safety Code states that in the event of discovery or recognition of any human remains in any location other than a dedicated cemetery,there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains until the coroner of the county in which the human remains are discovered has determined whether or not the remains are subject to the coroner's authority. 33 Cultural - BOTH General If human remains are encountered,work should halt within SO-feet of the find and Constraint the County Coroner notified immediately.At the same time,an archaeologist should be contacted to evaluate the situation.If the human remains are of Native American origin,the Coroner must notify the Native American Heritage Commission within 24 hours of this identification.The Native American Heritage Commission will identify a Native American Most Likely Descendant to inspect the site and provide recommendations for the proper treatment of the remains and associated grave goods.(Mitigation Measure CULTURAL-1) 30-days prior to applying for building permits(ancillary structures,signage,and other non-occupied structures excluded),the applicant shall submit for review and 34 Geology approval of CDD staff and the County Geologist a geotechnical report addressing AGLANTIS Required for Building Permit the site specific soil conditions and engineering recommendations for the design of building foundations.(GEO-1) July 5, 2018 Regular Board Meeting Agenda Packet- Page 120 of 195Page 4 of 8 Central San and AgLantis Conditions of Approval(COA)Tracking Sheet COA# COA Category COA Conditions of Approval(COA) Responsible Party Comments Status Sub-# Applicant shall submit full sets of plans(at minimum,site plan and building elevations displaying height of proposed objects in relation to FAR Part 77 35 SafetyGeneral a a Required for - ) approach and transitional surfaces from ground and mean sea level)for future AGLANTIS Building Permit buildings and/or structures to the Airport Land Use Commission(ALUC)for review prior to applying for building permits. Applicant shall implement the proposed project in accordance with the"CoCo General 35 Safety-General b) Sustainable Urban Farm Term Sheet,"received and accepted by the ALUC on May AGLANTIS Constraint 21,2015. Applicant shall provide an annual condition of approval compliance review report 35 Safety-General c) to the Department of Conservation and Development,which shall be referred to the BOTH Complete ALUC.The initial report shall be submitted no later than April 1st after the one-year anniversary of the effective date of County File LP14-2051. All persons attending educational classes and demonstrations conducted within General 35 Safety-General d) Safety Zone 2 shall be provided an overview of safety and the proximity of the AGLANTIS airport.Classes shall be limited to a dozen participants per teacher. Constraint Signage shall be installed between Safety Zone 2 and Safety Zone 4,which states Sign with information 35 Safety-General e) AGLANTIS fabricated and ready for Complete that"All children must be accompanied by a teacher or farm personnel." installation 35 Safety-General f) The farm project is allowed educational kiosks to be displayed that include AGLANTIS General information about Buchanan Fields Airport. Constraint All crops will conform and follow a certified Wildlife Management and Pest Management Plan,prepared by a suitable professional.Mitigation measures to A Wildlife Management and 35 Safety-General g) control and maintain populations below those currently observed in 2015 will be BOTH Pest Management Plan was Complete escalated if pests are observed on the farm.The Wildlife Management and Pest submitted in 2016. Management Plan shall include at a minimum measures for disrupting wildlife infiltration,preventative measures,and suitable inspection schedules. 35 Safety-General h) All low suitability crops shall be confined to the Greenhouse in Safety Zone 4. AGLANTIS General Constraint Only Field Crops(both moderately suitable and highly suitable)as noted in the 35 Safety-General i) CoCo San Sustainable Term Sheet shall be allowed.Deviations will only be allowed AGLANTIS General with an appropriate expert's approval that any newly proposed crops are Constraint moderately or highly suitable for cultivation near airports. 35 Safety-General j) Aboveground bulk storage of hazardous materials is prohibited with the exception AGLANTIS General of up to 2,000 gallons of non-aviation flammable materials. Constraint 35 Safety-General k) Land use intensity is not limited other than that buildings shall have no more than AGLANTIS General four habitable floors above ground. Constraint 35 Safety-General I) Above ground storage of more than 2,000 gallons of fuel or other hazardous AGLANTIS General materials is prohibited.(Mitigation Measure SAFETY-1) Constraint Minor modifications to the approved uses at the subject site may be allowed upon review and approval of a Condition of Approval Compliance Review(CV)application ($500 initial deposit).A land use permit modification application and approval may 36 General be required if CDD staff determines the proposed change in use,due to its scope AGLANTIS AgLantis revising site plan Outstanding and or location may require additional agency review(e.g.,Health Services Department,Fire Department,Airport Land Use Commission and/or Public Works Department). July 5, 2018 Regular Board Meeting Agenda Packet- Page 121 of 195Page 5 of 8 Central San and AgLantis Conditions of Approval(COA)Tracking Sheet COA# COA Category COA Conditions of Approval(COA) Responsible Party Comments Status Sub-# 37 General The site shall be maintained in an orderly manner at all times as to not create a AGLANTIS General nuisance to adjacent properties or area in general. Constraint 38 General The conditions contained herein shall be accepted by the applicant,their agents, AGLANTIS General lessees,survivors or successors for continuing obligation. Constraint At least 30 days prior to the issuance of a building permit or establishment of the approved use,whichever occurs first,the applicant shall execute an indemnity agreement with the County in a form acceptable to the Department of Conservation and 39 Indemnification Development,Community Development Division indicating that the applicant shall defend,indemnify, AGLANTIS Complete and hold harmless Contra Costa County,its agents,officers,or employees,to attack,set aside,void or annul,the County's approval of this land use permit.The County will promptly notify the applicant of any claim,action or proceeding and cooperate fully in defense. Contractor and/or developer shall comply with the following noise control requirements.All requirements shall be printed on the face of development plans. •The project sponsor shall require their contractor and subcontractors to fit all internal combustion engines with mufflers which are in good condition. Sign with information 40 Noise •Transporting of heavy equipment and trucks shall be limited to weekdays between AGLANTIS fabricated and ready for Complete the hours of 8:00 A.M.and 4:00 P.M.and prohibited on Federal and State Holidays. installation •All construction activities shall be limited to the hours of 8:00 A.M.to 5:30 P.M.,Monday through Friday,and shall be prohibited on state and federal holidays on the calendar dates these holidays are observed.(Mitigation Measure NOISE-1) The applicant shall make a good faith effort to minimize project-related disruptions General 41 Work Restrictions to adjacent properties,and to uses on the site.This shall be communicated to all AGLANTIS Constraint project-related contractors. The project sponsor shall require their contractors and subcontractors to locate General 42 Work Restrictions stationary noise-generating equipment such as air compressors as far away from AGLANTIS Constraint adjacent uses as possible. 43 Work Restrictions The site shall be maintained in an orderly fashion.Following the cessation of AGLANTIS General - construction activity,all construction debris shall be removed from the site. Constraint Non-emergency maintenance and construction activities are restricted to the hours 44 Work Restrictions of 8:00 A.M.to 5:30 P.M.,Monday through Friday,and shall be prohibited on State AGLANTIS General and Federal holidays on the calendar dates that these holidays are observed by the Constraint State or Federal government. This application is subject to an initial application deposit of$2,700.00 which was paid with the application submittal,plus time and material costs if the application review expenses exceed 100%of the initial deposit.Any additional costs due Central San paid fees for the 45 Application Costs must be paid within 60 days of the permit effective date or prior to use of the CENTRAL SAN Land Use Application.No fees Complete permit,whichever occurs first.The applicant may obtain current costs by are currently due. contacting the project planner.If you owe additional fees,a bill will be sent to you shortly after permit issuance. Improvement plans prepared by a registered civil engineer shall be submitted,if necessary,to the Public Works Department,Engineering Services Division,along Public Works-General with review and inspection fees,and security for all improvements required by the Central San submitted to PW 46 - CENTRAL SAN Complete Requirements County Ordinance Code for the conditions of approval of this land use permit.Any for COA#49. necessary traffic signing and striping shall be included in the improvement plans for review by the Transportation Engineering Division of the Public Works Department. July 5, 2018 Regular Board Meeting Agenda Packet- Page 122 of 195Page 6 of 8 Central San and AgLantis Conditions of Approval(COA)Tracking Sheet COA# COA Category COA Conditions of Approval(COA) Responsible Party Comments Status Sub-# Improvement plans prepared by a registered civil engineer shall be submitted,if necessary,to the Public Works Department,Engineering Services Division,along Any construction outside of Public Works-General with review and inspection fees,and security for all improvements required by the Complete 46 - AGLANTIS COA#49 is the responsibility of Requirements County Ordinance Code for the conditions of approval of this land use permit.Any Partial AgLantis. necessary traffic signing and striping shall be included in the improvement plans for review by the Transportation Engineering Division of the Public Works Department. Public Works-Roadway Applicant shall construct a street type connection with 30-foot radii pavement returns in lieu of 47 - CENTRAL SAN Complete Improvements standard driveway depressions at the driveway entrance on Imhoff Drive. Safety related signage shall be installed along Imhoff Drive,per the latest edition of 48 Public Works-Roadway Improvements the California Manual of Uniform Traffic Control Devices,if deemed necessary by CENTRAL SAN Complete the County Traffic Engineer. Applicant shall locate any vehicular entrance gates a minimum 40 feet from the 49 Public Works-Roadway edge of pavement to allow vehicles to queue without obstructing through traffic. CENTRAL SAN Complete Improvements Sufficient area shall be provided outside any gate to allow a vehicle to turn around and re-enter Imhoff Drive in a forward direction. Applicant shall pave the first 100 feet of the access driveway,measured from the 50 Public Works-Roadway existing edge of pavement of Imhoff Drive into the property,to allow vehicles to CENTRAL SAN Complete Improvements pull completely off of the roadway and still remain on a paved surface,and to prevent dust,gravel and debris from spilling onto Imhoff Drive. Public Works-Access to Applicant shall furnish proof to the Public Works Department of the acquisition of 51 Adjoining Property-Proof all necessary rights-of-way,rights-of-entry,permits and/or easements for the CENTRAL SAN Complete of Access construction of off-site,temporary or permanent,public and private road and drainage improvements. Public Works-Access to Applicant shall obtain an encroachment permit from the Application and Permit 52 Adjoining Property- Center,if necessary,for construction of driveways or other improvements within the CENTRAL SAN Complete Encroachment Permit right-of-way of Imhoff Drive. Public Works-Access to Applicant shall only be permitted access to Imhoff Drive at the location to be General 53 Adjoining Property-Site BOTH approved by the County Traffic Engineer site/development plan. Constraint Access Applicant shall provide sight distance at the on-site driveways and Imhoff Drive for Public Works-Road a design speed of 60 miles per hour.The applicant shall trim vegetation,as 54 Alignment/Intersection necessary,to provide sight distance at these driveways.Any new landscaping,signs, CENTRAL SAN Complete Design/Sight Distance fencing,retaining walls,or other obstructions proposed at the driveways shall be setback to ensure that the sight lines are clear. The applicant shall collect and convey all stormwater entering and/or originating on this property,without diversion and within an adequate storm drainage system,to Central San submitted to PW Public Works-Drainage an adequate natural watercourse having definable bed and banks,or to an existing for COA#49.Any construction 55 - AGLANTIS Outstanding Improvements adequate public storm drainage system which conveys the storm water to an outside of COA#49 is the adequate natural watercourse,in accordance with Division 914 of the County responsibility of AgLantis. Ordinance Code. July 5, 2018 Regular Board Meeting Agenda Packet- Page 123 of 195Page 7 of 8 Central San and AgLantis Conditions of Approval(COA)Tracking Sheet COA# COA Category COA Conditions of Approval(COA) Responsible Party Comments Status Sub-# Public Works- The applicant shall submit site grading and drainage plans for Public Works'review Central San submitted to PWfor COA#49.Any construction 56 Miscellaneous Drainage to verify the existing drainage pattern is maintained and concentrated storm AGLANTIS Outstanding outside of COA#49 is the Requirements drainage is not discharged onto adjacent property. responsibility of AgLantis. Public Works- Central San submitted to PW The applicant shall design and construct all storm drainage facilities in compliance for COA#49.Any construction 57 Miscellaneous Drainage - AGLANTIS Outstanding Requirements with the County Ordinance Code and Public Works Department design standards. outside of COA#49 is the responsibility of AgLantis. Public Works- Central San submitted to PW 58 Miscellaneous Drainage Applicant shall prevent storm drainage from draining across driveways in a AGLANTIS for COA#49.Any construction Outstanding concentrated manner. outside of COA#49 is the Requirements responsibility of AgLantis. Public Works- Prior to the issuance of a grading permit,applicant shall submit grading and Central San submitted to PW 59 Miscellaneous Drainage drainage plans to the Flood Control District for review and comments.If any of the AGLANTIS for COA#49.Any construction Outstanding Requirements work will impact Flood Control District's rights of way,applicant shall obtain a Flood outside of COA#49 is the Control encroachment permit. responsibility of AgLantis. The applicant shall be required to comply with all rules,regulations and procedures Central San submitted to PW of the National Pollution Discharge Elimination System(NPDES)for municipal, 60 Public Works-NPDES construction and industrial activities,as promulgated by the California State Water AGLANTIS for so .Any construction outside Outstanding Resources Control Board,or any of its Regional Water Quality Control Boards(San outside of f COA#49 is the Fresponsibility of AgLantis. Francisco Bay-Region II). The applicant will not be subject to the requirements of Provision"C.3"of the Public Works-Stormwater County Stormwater Management and Discharge Control Ordinance,since the Central San submitted to PW proposed project will not create or replace at least 10,000 square feet of impervious Management and for COA#49.Any construction 61 Discharge Control surface.However,this project is subject to all other provisions of the County AGLANTIS outside of COA#49 is the Outstanding Stormwater Management and Discharge Control Ordinance(Section 1014, Ordinance responsibility of AgLantis. Ordinance No.2005-01)and future development applications on the subject parcel may be required to comply with Provision"C.3". July 5, 2018 Regular Board Meeting Agenda Packet- Page 124 of 195Page 8 of 8 Page 12 of 23 Attachment 3 Central Contra Costa Sanitary District May 17, 2018 TO: HONORABLE MEMBERS OF THE BOARD VIA: ROGER BAILEY, GENERAL MANAGER KENT ALM, DISTRICT COUNSEL FROM: DANEA GEMMELL, PLANNING AND DEVELOPMENT SERVICES DIVISION MANAGER SUBJECT: ASSESSMENT OF AGLANTIS 2017 ANNUAL REPORT ON PERFORMANCE AGREEMENT (SUBMITTED ON APRIL 1, 2018) FOR THE COCO SAN SUSTAINABLE FARM PROJECT Central San approved the Lease Agreement (Lease) with AgLantis for the CoCo San Sustainable Farm Project (Farm) on April 17, 2014 with a 10-year term that expires on April 16, 2024. The terms of the Lease provide for an Annual Report and an updated Business and Strategic Plan (Business Plan) be submitted annually by April 1St AgLantis submitted the two attached documents on April 1, 2018 for its 2017 performance. Additionally, the Real Estate Environmental and Planning (REEP) Committee recommended on February 14, 2018 that "the Board review the Farm update and make a decision about the future of the project." The REEP Committee had reviewed a quarterly update, but as the Annual Report was forthcoming, staff waited for the more comprehensive materials to put the matter before the Board. This memo is an assessment of the report elements and adherence to minimum performance goals outlined in the Lease and provides the facts as staff understands. Timeline On July 3, 2014 when the Lease commenced, a Land Use Permit was needed for Contra Costa County (County) to allow farming on the heavy-industrial zoned parcel. Per the terms of the Lease, "The District will apply for the initial land use permit within two months of the commencement of this Lease. The Tenant will be responsible for obtaining all other necessary permits prior to the commencement of any activity requiring a permit."After numerous meetings with the Airport Land Use Committee and Community Development staff, a County Land Use Hearing was held on December 21, 2015 and Central San obtained the Permit effective January 1, 2016, subject to 10 findings and 61 conditions of approval (COA). July 5, 2018 Regular Board Meeting Agenda Packet- Page 125 of 195 Page 13 of 23 AgLantis/CoCo San Sustainable Farm Update May 17, 2018 Board Meeting Page 2 of 12 Of the total 61 COAs outlined in the Land Use Permit, Central San is responsible for six,' while AgLantis is responsible for the remainder. Many COAs pertain to operation restrictions and requirements to obtain building permits. While the County did not outline which of the COAs were the applicable conditions that needed to be satisfied to allow farming activities, both AgLantis and Central San completed specific COAs towards that end. Land Use Permit COA #4 states "Applicant shall be allowed to begin farming activities prior to requesting building permits for approved structures or buildings, given that all other applicable conditions of approval have been satisfied."This condition is consistent with the Lease as it does not require the greenhouse construction until the third operational year and allows traditional farming the first year. The following items were completed in 2016 and the beginning of 2017. Date COA Activity July #35 AgLantis submits Wildlife Management Plan to County. 2016 Sept #3 Central San and AgLantis jointly draft compliance report matrix; 2016 which AgLantis submits to County in addition to application and $500 deposit. Dec #46 Central San completes Public Works approved roadway 2016 #47 improvements including installation of safety signs, paving #48 driveway to meet minimum 100 feet of asphalt at each #49 entrance. Gates are relocated to 40 feet from street pavement. #50 Feb #39 Central San sends County letter confirming indemnification 2017 On January 30, 2017, the County sent a letter noting that the September 2016 Compliance Report and submittals were incomplete. A meeting was set up on March 24, 2017 with Department of Conservation and Development, Public Works, Central San and AgLantis to clarify the requirements and meet the COAs in order to begin farming activities. During the meeting Carolyn Phinney, AgLantis President, noted that construction of the greenhouse would follow a parallel timeframe as the traditional farming on the site. As such, County staff stated that the submittals of the COAs with proof of completion should be done at one time to avoid piecemeal submittals and additional costs for processing the compliance report. ' Central San is responsible for Condition No. 39 and Nos.46-50 of the Land Use Permit(Attached) July 5, 2018 Regular Board Meeting Agenda Packet- Page 126 of 195 Page 14 of 23 AgLantis/CoCo San Sustainable Farm Update May 17, 2018 Board Meeting Page 3 of 12 Defining First Year of Operation Though the lease commenced on July 3, 2014, the County Land Use Permit, was not approved and effective until January 1, 2016. Exhibit D "Minimum Performance Standards included in Business Plan" outlines standards and goals to be included annually as well as specific Performance goals for the first three years of the lease term. This matters because functional operation of the Farm could not commence until January 1, 2016 at a minimum, delaying the start of the three-year performance goals. On July 20, 2017, the Board received a "Farm Status Update" presented by Danea Gemmell and Bethallyn Black of AgLantis. Staff presented an explanation of delays on the Farm project during 2016 owing to communication difficulties with the County and the recommendation to consider calendar year 2017 as the first operational year. Though this information was presented, the Board did not take any formal action at the meeting. In its Business Plan, AgLantis has presented and assumed 2017 as the first operational year and documented its activities accordingly.2 For purposes of the following discussion, the first year of operation has been assumed to be 2017, although the Board has not taken formal action. Therefore, direction by the Board on whether to start Operational Year 1 in 2016 or 2017, as recommended by staff, is necessary to assess specific performance by AgLantis. Year 1 Performance Goals (2017) The 2018 Business Plan outlines specific objectives for the first three years and general goals for the next five years. AgLantis does not state whether the specific objectives for the first operational year (2017) were achieved,3 however there is general discussion in the narrative, sprinkled throughout both documents, to assess performance compared to first year Performance Goals outlined in the Lease. • Amount of Produce provided to Food Bank or other non-commercial institutions The Annual Report did not indicate that produce was grown in 2017 nor specifically identify an amount of produce for the following year, but did identify plans to install irrigation after the Title 22 Permit was approved and noted that "Irrigation is essential because rain has been too unpredictable to even grow a winter cover crop.114 Crops from the greenhouse will be available by Year 4 to provide produce for the Food Bank.5 z Pages 29 and 30 of Business Plan s Pages 29 and 30 of Business Plan 4 Page 3 of Annual Report 5 Page 34 of Business Plan July 5, 2018 Regular Board Meeting Agenda Packet- Page 127 of 195 Page 15 of 23 AgLantis/CoCo San Sustainable Farm Update May 17, 2018 Board Meeting Page 4 of 12 • Construct perimeter fencing around all aboveground improvements (except fencing around green manure crop and some simple farm infrastructure to allow planting) Currently, no aboveground improvements have been constructed which would require perimeter fencing. In July 2017, AgLantis installed six-foot high chain link fencing along the Runway Protection Zone (RPZ) as required by COA #15. • Plant a crop (such as green manure crop) - 5 acres In mid-2016 AgLantis started placing 25 acre-feet of wood chip mulch, donated by PG&E and EcoMulch. In 2017, a large donation of horse manure was placed on top of the wood chip structure to create a "lasagna compost" on the site. Bethallyn Black presented to the Board in July 2017 AgLantis' sustainable farming method, the Carbon Farming-No Till methodology, which AgLantis had substituted as an alternative methodology to planting a green manure crop. Central San did not approve nor take any action regarding the change in methodology. At the end of 2017, AgLantis planted a cover crop on top of the lasagna compost. However, with no rain in December 2017 or January 2018, the "drought killed what we planted.116 In addition to the specific performance objectives for the first three years, the Lease also requires general standards and goals that need to be addressed annually. The table below outlines these items and how AgLantis has responded to each in the 2017 Annual Report. It does not provide an assessment on the reasonableness of each item, but it serves as a checklist to show that these items were addressed. 6 Page 7 of Annual Report July 5, 2018 Regular Board Meeting Agenda Packet- Page 128 of 195 Page 16 of 23 AgLantis/CoCo San Sustainable Farm Update May 17, 2018 Board Meeting Page 5 of 12 Annual Standards and Goals 2017 AgLantis Response Summary outlined in Lease Annual Operating Budget 2018 Operating Budget is $128,501 Proposed Capital Improvements for Items proposed include (1) short road, following year (2) fencing, (3) electrical engineering plan for PG&E submittal, (4) water tanks for Fire, (5) water lines, and (6) some or all greenhouse foundation and structure. Number of people served by the None to date Farm Number of volunteers 100 volunteers Number of people that participated in 16 students and community leaders other Sustainable Farm programs from University of Wisconsin delivered offsite Cooperative Extension's Leadership Wisconsin Program visited on September 13, 2017; "Drawdown" event on October 17, 2017 hosted 100 attendees Annual financial reports to the Income: $27,506.33 District setting forth the operating Expenses: $20,480.96 costs and profit and loss statements 2017 Net Income: $7,025.37 Operational Requirements AgLantis states the following needs to be addressed to make progress: C-3 resolved with Public Works, Fire Approval, County Zoning Administrators approval of revised Site Plan, and Title 22 Permit amended and recycled water connection installed by Central San. Updates to Business Plan Submitted April 1, 2018 Year 2 Performance Goals (2018) The Business Plan outlines sixteen objectives to meet the second year Performance Goals stated in Exhibit D of the Lease.' • Plant a crop (such as green manure crop) - 5 acres As stated above AgLantis substituted the Carbon Farming-No Till methodology, to provide soil amendments. AgLantis addressed planting a 2018 crop as Objective No. 7 in the Business Plan. There are also plans to apply for grants to purchase Page 30 of Business Plan July 5, 2018 Regular Board Meeting Agenda Packet- Page 129 of 195 Page 17 of 23 AgLantis/CoCo San Sustainable Farm Update May 17, 2018 Board Meeting Page 6 of 12 irrigation equipment after the Title 22 Recycled Water Permit is approved for agriculture. Staff initially requested irrigation plans form AgLantis on December 29, 2015. AgLantis experienced a number of delays in developing an irrigation plan. The first was when a pro-bono irrigation designer from the USDA - Natural Resources Conservation Service left the organization. The second plan was drawn by Bethallyn Black and a third prepared by a local engineer who donated time involved revising the site layout plant to reduce impervious surfaces. AgLantis resubmitted its final irrigation plan on April 27, 2018 with staff submitting the application to the Department of Drinking Water on May 3, 2018. A response is expected within the next two months which coincides with the plan to install the final connection and meter box. • Provide goods to a market or Donate goods to Food Bank or School District (Quantity as fourth in Business Plan) The Business Plan does not address the provision of goods to market in 2018. • Develop a teaching plan curriculum In spring 2018, Bethallyn Black, faculty in charge of horticulture, utilized Diablo Valley College students in spring 2018 to eliminate invasive exotic plant species from the Farm. While a teaching plan curriculum is not detailed, AgLantis cited many potential education partners in the Business Plan, including Contra Costa County Community College Board and John F. Kennedy University to develop relevant course offerings and create high-tech agriculture programs and certificates that include high tech greenhouse production and management training. • Increase volunteer's participation by 15% from previous year An additional fifteen volunteers in 2018 are needed to comply with this metric. Year 3 Performance Goals (2019) Performance Goals for the third year are outlined as follows: • Provide remaining fencing around food crops and aboveground improvements • Provide goods to a market or Donate goods to Food Bank or School District (Quantity as forth in Business Plan) • Get Building Permit and construct Green House • Provide a teaching facility and start sustainable curriculum • Complete long term Strategic Plan • Submit Performance Requirements for Years 4, 5 & 6 (which shall be subject to approval by District) July 5, 2018 Regular Board Meeting Agenda Packet- Page 130 of 195 Page 18 of 23 AgLantis/CoCo San Sustainable Farm Update May 17, 2018 Board Meeting Page 7 of 12 The Business Plan identifies eighteen specific objectives for the third operational year, however does not identify construction of the greenhouse among these objectives, but only loosely states construction within the next five years. Further detail within the Plan identifies that "2023 may be the first year of significant production."8 Discussion on the greenhouse construction schedule is discussed in more detail in the Section Farm Updates and Schedule below. Third Year of Operation Discussion To be consistent with the timing discussed in this memo, the third year is assumed as 2019. As outlined below, this language clearly suggests that the understanding of Central San at the time the Lease was negotiated is that by the third year there would be substantial progress on development of a productive farm. The Lease specifically considers the third year and provides opener for renegotiation of rent and recycled water terms after the third year is reached. Per Section 2.2 Rent, "It is the intention and expectation of the Parties that during the Term, the Sustainable Farm project will generate revenues from donations and the sale of farm products and related services. It is further understood and agreed that it will take several years for the Sustainable Farm proiect to reach a level where it may generate funds sufficient to pay Rent in excess of the One Dollar($1.00) per year... it is agreed that within ninety (90) days from the expiration of the third year of the Term, the Parties will meet and confer to discuss the potential viability of the Sustainable Farm project and paying additional Rent to District." Per Section 4.10 Utilities, "District will permit Tenant to connect to District's facilities for the use of recycled water, which recycled water will be provided at no cost for a minimum of three (3) years and thereafter shall be metered separately and billed to Tenant or may continue to be free of charge at the sole discretion of the District." With the timeframe of the Land Use Permit process taking until January 1, 2016, it seems that delay has caused the 10-year term to run out-of-sync with the first three- year Minimum Performance Standards as outlined in Exhibit D. The referenced Lease terms for rent and recycled water are effectively tolled to run concurrent with the operational Performance timeframe. Clarifications to AgLantis Annual Report and Business Plan AgLantis has made several statements in both the Annual Report and Business Plan that which Central San staff is not in agreement and may require clarification and correction. 8 Page 34 of Business Plan July 5, 2018 Regular Board Meeting Agenda Packet- Page 131 of 195 Page 19 of 23 AgLantis/CoCo San Sustainable Farm Update May 17, 2018 Board Meeting Page 8 of 12 1. AgLantis contends that additional C-3 Requirements were added to the Farm by Central San. "We learned that Central San in paving the fill station driveway was going to pave the first 100 feet up to the farm gate as described in the Land Use Permit, but Central San would have exceeded the 10,000 square feet allowed without tripping C-3, and they would have had to mitigate for their fill station, so instead Central San did not complete the connection to the farm and stopped around 9,977 square feet (or some such) leaving the farm to deal with the consequences of Central San's construction project and requiring the farm to pave approximately 25 feet of land not rented by AgLantis and not described as our pavement in the lease or LUP."9 Response: It is difficult to understand why so much emphasis is given to this issue as typical C.3 storm water mitigations for impervious surfaces include directing runoff to adjacent landscaping that are self-retaining and providing zero runoff from the site. Since the Farm is effectively "heavy duty landscaping with a purpose" and encompasses a site that is 14.8 acres in size, C.3 mitigations should be straightforward and easy to address. C.3 requirements consider rooftop areas as impervious surfaces. Based on the design that AgLantis submitted for the Land Use Permit, the approved site plan includes 6,048 square feet of Greenhouse rooftop, 1,000 square feet of barn rooftop, and approximately 36,000 square feet for the access road and parking area. This, in and of itself, exceed the 10,000 square feet C.3 impervious surface exemption and would require onsite mitigation of storm water runoff. AgLantis is now seeking to modify its site plan to reduce impervious surfaces and this revised site plan needs to be approved by the County. The Lease states that all permit conditions imposed by the County as part of the Land Use process are the Farm's responsibility. Section 5.1.1 of the Lease states "Tenant shall not look to District for any satisfaction or execution of any conditions imposed by a land use permit that are not in the District's control or jurisdiction." Central San retained control of the frontage property along Imhoff Drive for access and did not include this area in the Lease. AgLantis and Central San ratepayers who use the automated recycled water fill station have access. The Land Use Permit LP14-2051 (Conditions #46 to #50) required frontage improvements that included paving "the first 100 feet of the access driveway, measured from the existing edge of pavement of Imhoff Drive into the property, to allow vehicles to pull completely off the roadway and still remain on a paved surface, and to prevent dust, gravel and debris from spilling onto Imhoff Drive." 9 Page 2 of Annual Report and page 28 of Business Plan July 5, 2018 Regular Board Meeting Agenda Packet- Page 132 of 195 Page 20 of 23 AgLantis/CoCo San Sustainable Farm Update May 17, 2018 Board Meeting Page 9 of 12 In 2016, County Public Works approved improvement plans which were designed to meet the required roadway improvements identified under the Land Use Permit, including approximately 4,400 square feet of pavement for the driveway approaches (22 feet wide and 100 feet long). There were no C.3 mitigations required as the work stayed under the 10,000 square foot exemption for impervious surfaces. Dr. Phinney asserts that Central San left out 25 feet of pavement, up to the farm gate, which is outside of her Lease. This section was constructed with Class 2 Aggregate Base at 95% compaction. The improvements were inspected by Public Works and finaled in December 2016. Central San was not required to pave up to the farm gate and the sign-off from the County further proves this fact. Dr. Phinney also asserts that "Central San could have processed a separate permit for their fill station or fulfilled C-3 with self-treatment on the east side of the Kiewit property." There is nothing in the Lease that suggests an obligation for Central San to provide AgLantis a reservation on the C.3 exemption area or that it is inappropriate for Central San to utilize the exemption, especially when it should be considered that almost half of the paving was a COA for the Land Use Permit. 2. Contra Costa Fire was not engaged during the Land Use Permit process and has disallowed recycled water for fire. We have encountered another unexpected barrier. It was always discussed that the farm would use recycled water for fire as no potable water is available on that section of Imhoff that leads to the farm or any other tenant. After the March 24, 2017 meeting Dr. Phinney went to talk to the Fire Department. The person at the desk provided helpful information and went back to talk to the Fire Marshall, who said he had never heard of this farm and that Fire should have been consulted before the Land Use Permit was issued. We were told a special permission would be needed to use recycled water for fire. Later conversations took place with Fire Inspectors by Mike Milani and also with Dr. Phinney. We were both told that same thing, that special permission would be required. Then, the Fire Marshall disallowed such use.'° Response: Fire suppression is a requirement related to the building permit necessary for the greenhouse, for which AgLantis is responsible in obtaining Advisory Notes are provided at the end of the Land Use Permit Conditions. Advisory Note F states "Prior to applying for a building permit, the applicant is strongly encouraged to contact the Contra Costa County Fire Protection District (Fire) to determine if additional requirements and/or additional permits are required as part of the proposed project." 0 Page 3 of Annual Report and page 29 of Business Plan July 5, 2018 Regular Board Meeting Agenda Packet- Page 133 of 195 Page 21 of 23 AgLantis/CoCo San Sustainable Farm Update May 17, 2018 Board Meeting Page 10 of 12 As part of the Land Use Permit process, the full application and site plan were routed to various agencies for comments which are used to develop the conditions of approval. Fire was no exception and received plans on September 16, 2014 from County Department of Conservation and Development. Tad Leach of Fire responded on October 1, 2014 wtih the following comment "Any development on this parcel shall be subject to review and approval by the Fire District." As discussed previously AgLantis has chosen to construct the greenhouse on a parallel track as initiating traditional farming onsite. Fire suppression is a requirement related to the building permit necessary for the greenhouse, for which AgLantis is responsible in obtaining. The Land Use Permit allows farming as an allowable use for the Heavy-Industrial zoned parcel. It does not allow the construction of the greenhouse until after a building permit application is reviewed and approved. 3. AgLantis assertion that Central San staff were instructed to interfere with Airport Land Use Commission (ALUC) approval "One Central San staff member told Dr. Phinney he had been instructed to make efforts to interfere with the ALUC's approval of the farm. It took nearly a year for the ALUC to finally approved the farm on May 15, 2015. Response: As the Planning and Development Services Division Manager, I was assigned by the General Manager to serve as Project Manager for the Sustainable Farm and chief point of contact, starting in December 2012 to present day, approximately five and one-half years. During that time, I have never been told to nor did I interfere with the approval process or give an instruction to staff working on the project to interfere. 4. There is an incorrect timeline presented and representation of the vote to approve the farm lease. The Central San Board approved the Lease with AgLantis on April 17, 2014 in a 4-1 vote, not on October 3, 2013 in a unanimous vote.12 The motion on October 3, 2013 directed staff to pursue a lease with CoCo San Sustainable Farm covering the west side of the property and formed an Ad Hoc Committee to negotiate terms of a lease. " Page 27 of the Business Plan ''- Pages 10 and 27 of the Business Plan July 5, 2018 Regular Board Meeting Agenda Packet- Page 134 of 195 Page 22 of 23 AgLantis/CoCo San Sustainable Farm Update May 17, 2018 Board Meeting Page 11 of 12 5. There is an inaccurate amount cited for expenditures related to the May 8, 2015 Kickoff event. Central San spent approximately $4,800 on expenses and $3,600 on staff time to host over 200 guests. The correct total is $8,393.55 and not "$25,000 plus staff time.,,13 Farm Updates and Schedule At the July 20, 2017 meeting, Board members expressed frustration at the lack of progress on the Farm and wanted to make a motion to have it treated more like a project with a budget, schedule, completion date and quarterly updates. Since the matter was not agendized for action at that meeting, it was the consensus of the Board to have a future agenda item. An item was placed on the August 17, 2017 consent calendar to adopt a project schedule approach, with quarterly updates and accept the milestone dates presented at the July 20, 2017 meeting. The item was continued with unanimous support by the Board, because it did not include milestone dates related to the County Land Use Permit, nor did it include a realistic budget for the next 12 to 18 months. On November 16, 2017, Dr. Carolyn Phinney presented an updated project schedule and budget and answered specific questions. The Board approved a motion to receive the updated project budget and schedule for the CoCo San Sustainable Farm and directed staff to limit Farm-related work to that contractually required of Central San by the Lease and Land Use Permit. The Annual Report and Business Plan did not provide updates to the project schedule and budget presented to the Board in November 2017. In a response to an April 2, 2018 request to update the Annual Report with this information, Dr. Phinney emailed the following response: "No, I'm sorry, you are making requests that are not part of the lease. As I told you previously, I do not have time to do anything more. I already added a Strategic Planning section to the Business Plan that is not part of the lease requirements. All of this took me more than two months of work. I need time to engage in the other activities required for AgLantis. Please read what I sent you. One of my board members suggested that Central San is trying to cripple us with non-lease requests to make us fail. We speak to this in the Business Plan." 13 Page 11 of the Business Plan July 5, 2018 Regular Board Meeting Agenda Packet- Page 135 of 195 Page 23 of 23 AgLantis/CoCo San Sustainable Farm Update May 17, 2018 Board Meeting Page 12 of 12 Potential Modification of Minimum Performance Standards As previously discussed, the Board needs to provide clarity on the start of the first operational year. Staff has recommended this as 2017 to provide reasonable accommodation for communication difficulties with the County and Land Use conditions completed by Central San. Formally defining the start of operations allows clear assessment of the Minimum Performance Standards outlined in the Lease. As presented, the current schedules that AgLantis submitted on April 1, 2018 with respect to the third year, do not demonstrate that produce will be provided to the Food Bank or other non-commercial institutions in 2019. Separately, and of equal importance, the attached documents do not demonstrate that greenhouse will be constructed per Exhibit D of the Lease. The schedule provided in the Business Plan deviates from milestone dates presented to the Board on November 17, 2017. In particular, construction of the greenhouse has changed from completion by December 31, 2019 to "Goals for the next five years" in the Business Plan with no date. Based on the schedules submitted, the project activities may not comply with the minimum performance standards for the third year. This suggests to staff that future discussions may be necessary to either revise the Business Plan schedules, modify the Minimum Performance Standards or the future of the project as a whole. Therefore, it may be appropriate for the Board to consider this and other actions for both the future and near term of the AgLantis CoCo San Sustainable Farm project. Attached Supporting Document: 1. 2017 Annual Report 2. 2018 Business and Strategic Plan 3. Land Use Permit LP14-2051 July 5, 2018 Regular Board Meeting Agenda Packet- Page 136 of 195