The URL can be used to link to this page

Home My WebLink About07.b. Public hearing re Kiewit Property in Martinez7.6. PUBLIC HEARING TO CONSIDER ADOPTING RESOLUTION TO DECLARE CERTAIN DISTRICT PROPERTY AS CURRENTLY UNNEEDED AND AUTHORIZE STAFF TO EXTEND CURRENT LEASE SUGGESTED AGENDA December 20, 2012 I. Request staff presentation. II. Public Hearing: a. Receive public comments. b. Request staff response, as appropriate. c. Close public hearing. III. Board deliberation regarding proposed resolution. IV. Recommended Action: Adopt proposed resolution declaring the District Kiewit property located off Imhoff Drive in Martinez (APN 159 - 140 -051) as currently unneeded, and authorizing the General Manager or her designee to extend the current lease with County Quarry Products LLC (County Quarry) on a month to month basis for up to three months to conclude negotiations and execute a lease extension to September 30, 2013 for continued use of the property as a clean fill receiving operation. Central Contra Costa Sanitary District ' BOARD OF DIRECTORS wii� - POSITION PAPER Board Meeting Date: December 20, 2012 Subject: CONDUCT A PUBLIC HEARING TO CONSIDER ADOPTING A RESOLUTION DECLARING CERTAIN DISTRICT LANDS AS CURRENTLY UNNEEDED AND AUTHORIZING STAFF TO NEGOTIATE AND EXECUTE A LEASE EXTENSION TO SEPTEMBER 30, 2013 WITH COUNTY QUARRY PRODUCTS LLC FOR THE "CLEAN FILL" OPERATION AT THE KIEWIT SITE (APN 159- 140 -051) Submitted By: Initiating Dept. /Div.: Michael Penny, Senior Engineer Engineering / Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: "W. M. Penny D. Gemmell K. Alm W. Ann arrell General Manager ISSUE: The Board must conduct a public hearing to declare District land as currently un- needed. Board authorization is required for staff to execute lease agreements. RECOMMENDATION: Conduct a public hearing to consider adopting a resolution declaring the Kiewit Property (APN 159- 140 -051) as currently unneeded, and authorizing the General Manager or her designee to extend the current lease with County Quarry Products LLC (County Quarry) on a month to month basis for up to three months to conclude negotiations and execute a lease extension to September 30, 2013 for continued use of the property as a clean fill receiving operation. FINANCIAL IMPACTS: The District will receive additional income by allowing clean fill to be deposited on the site for a fee. ALTERNATIVES /CONSIDERATIONS: The Board of Directors may decline to declare the property as currently unneeded and /or authorize a lease extension. BACKGROUND: The District has leased its Kiewit Property parcel for a clean fill operation to prepare the property for other uses and to generate revenue (see Attachment 1 for site map). The site is approximately 33 acres and located between Grayson and Walnut Creeks, Highway 4, and Imhoff Drive, adjacent to the District wastewater treatment plant in Martinez. The vacant property was purchased by the District as a buffer for the treatment plant. District policy has been to lease buffer property for compatible uses whenever possible. The current operation involves receiving clean fill (for a fee) so that the ground surface of the site will match the top -of- curb elevation of Imhoff Drive to the north, improving the site's potential for other compatible uses. The fill operation on the site is nearly complete and the ground surface has been raised about five feet to an elevation in the range of 20 to 23 feet above sea level. A private lessee /clean fill site operator, County Quarry,.was selected N: \ENVRSEC \Position Papers \Penny\2012 \12- 20 -12 \PP PH Kiewit 12 -20 -12 Final.doc Page 1 of 3 POSITION PAPER Board Meeting Date: December 20, 2012 Subject: CONDUCT A PUBLIC HEARING TO CONSIDER ADOPTING A RESOLUTION DECLARING CERTAIN DISTRICT LANDS AS CURRENTLY UNNEEDED AND AUTHORIZING STAFF TO NEGOTIATE AND EXECUTE A LEASE EXTENSION TO SEPTEMBER 30, 2013 WITH COUNTY QUARRY PRODUCTS LLC FOR THE "CLEAN FILL" OPERATION AT THE KIEWIT SITE (APN 159- 140 -051) by the District to design the project, obtain permits, and operate the project over its expected five -year life. The impact of the slow economy on the fill operation has prevented its completion at the pace originally anticipated. The lease was extended by one year to December 31, 2012. The continued slow economy has prevented the project's completion in 2012. The site is nearly full and an extension is needed to complete the fill operation and perform final grading. Staff is currently in negotiations with County Quarry on a lease extension. County Quarry has stated that they estimate it will take approximately six months following the wet weather season to complete the fill operations and completely close out the site. The environmental effects of this action were addressed in the Kiewit Property Clean Fill Lease Project Mitigated Negative Declaration approved by the Board of Directors on September 1, 2005. Subsequently, a Notice of Determination was filed in compliance with the California Environments Quality Act (CEQA). RECOMMENDED BOARD ACTION: Conduct a public hearing to consider adopting a resolution declaring the Kiewit Property (APN 159 - 140 -051) as currently unneeded, and authorizing the General Manager or her designee to extend the current lease with County Quarry on a month to month basis for up to three months to conclude negotiations and execute a lease extension to September 30, 2013 for continued use of the property as a clean fill receiving operation. N: \ENVRSEC \Position Pape rs\Pe n ny\201 2\12-20-12\PP PH Kiewit 12 -20 -12 Final.doc Page 2 of 3 1A, Attachment I N:\ENVRSEC\Position Papers\Penny\2012\12-20-12\PP PH Kiewit 12-20-12 Final.doc Page 3 of 3 RESOLUTION NO. 2012 -101 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT DECLARING A PORTION OF DISTRICT LAND UNNEEDED AND AUTHORIZING THE GENERAL MANAGER, OR HER DESIGNEE, TO NEGOTIATE AND EXECUTE A TERM LEASE EXTENSION FOR THE PROPERTY KNOWN AS THE KIEWIT SITE WHEREAS, the District owns approximately thirty -three (33) acres of land located between Grayson and Walnut Creeks, Highway 4, and Imhoff Drive adjacent to the District' s wastewater treatment plant in Martinez, California ( "Property "), as shown in Exhibit A, currently leased by County Quarry Products LLC ( "County Quarry"); and WHEREAS, the Property is more specifically identified as APN 159 - 140 -051; and WHEREAS, the Property has been leased to County Quarry for approximately six years; and WHEREAS, the District has received a request for a lease renewal; and WHEREAS, the Board of Directors held a noticed public hearing on December 20, 2012, to determine whether the proposed lease of the Property would be compatible with surrounding uses and zoning and land use regulations, and would provide a public benefit. THEREFORE, BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District as follows: 1. That, after holding a noticed public hearing, the Board of Directors finds that the Property is currently unneeded for the performance of the District's purposes, functions, and duties. Furthermore, the Board of Directors finds that the proposed lease for the Property is compatible with the District's activities and functions. 2. That, after holding a noticed public hearing, the Board of Directors finds that the lease of the Property would provide a public benefit by generating funds for the District's duties and functions. 3. That the General Manager or her designee is authorized to extend the current lease for up to three months on a month -to -month basis to complete negotiations for a longer term lease extension. 4. That the General Manager or her designee is authorized to negotiate and execute a lease extension agreement for the Property to September 30, 2013. Such lease extension shall be made for continuation and completion of the clean fill operation currently underway on the Property under the cost and revenue sharing terms of the current lease for the Property. Resolution No. 2012 -101 Central Contra Costa Sanitary District Page 2 of 2 5. That the General Manager shall present any proposed lease of the Property that ends after September 30,2013, or might significantly impact District business or the community, pose a financial or physical risk to the District, or be incompatible with District activities, functions or duties, to the Board of Directors for full consideration, review and approval prior to execution. 6. That the environmental effects of this action were addressed in the Kiewit Property Clean Fill Lease Project Mitigated Negative Declaration approved by the Board of Directors on September 1, 2005. Subsequently, a Notice of Determination was filed in compliance with the California Environments Quality Act (CEQA). 7. That each portion of this resolution is severable. Should any portion of this resolution be adjudged to be invalid and unenforceable by a body of competent jurisdiction, then the remaining resolution portions shall be and continue in full force and effect. PASSED AND ADOPTED this 20th day of December, 2012, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: James A. Nejedly President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme, CIVIC Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to form: Kenton L. Alm, Esq. Counsel for the District