The URL can be used to link to this page

Home My WebLink About05.a. Public Hearing re New Cingular Wireless PCS, LLC leasePUBLIC HEARING TO CONSIDER ADOPTING A RESOLUTION TO DECLARE CERTAIN DISTRICT PROPERTY AS CURRENTLY UNNEEDED AND AUTHORIZE STAFF TO AMEND CURRENT LEASE SUGGESTED AGENDA July 11, 2013 I. Request staff presentation. II. Public Hearing: a. Receive public comments. b. Request staff response, as appropriate. c. Close public hearing. III. Board deliberation. IV. Recommended Action: Adopt a resolution declaring a portion of District's property located at 1250 Springbrook Road, Walnut Creek (APN 177 - 270 -030) as currently unneeded, authorizing the General Manager to amend the current lease with New Cingular Wireless PCS, LLC, to expand the land area of the lease and extend the term of the lease for up to ten years for continued use of the property as a wireless telecommunications facility; and finding that the lease amendment and extension are exempt from California Environmental Quality Act (CEQA). Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: July 11, 2013 Subject: CONDUCT A PUBLIC HEARING TO CONSIDER ADOPTING A RESOLUTION DECLARING LANDS AS CURRENTLY UNNEEDED AND AUTHORIZING THE GENERAL MANAGER TO AMEND THE CURRENT LEASE WITH NEW CINGULAR WIRELESS PCS, LLC — WALNUT CREEK CSO CAMPUS (APN 177 - 270 -030) Submitted By: Initiating Dept. /Div.: Rick Hernandez, Sr. Right of Way Agent Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: T. Brightbill, Senior Engineer D. Gemmell, Environmental Services Division Mgr. X. Alm C. Swanson Counsel for the District Provisional General Manager ISSUE: District -owned land must be declared unneeded by the Board before it can be leased out. Board authorization is required for staff to execute certain real property documents. RECOMMENDATION: Conduct a public hearing to consider adopting a resolution declaring a portion of the property at 1250 Springbrook Road, Walnut Creek (APN 177- 270 -030) as currently unneeded, and authorizing the General Manager to amend the current lease with New Cingular Wireless PCS LLC, (Cingular) to increase the lease area and extend the length of the lease to a term less than ten years. FINANCIAL IMPACTS: The proposed yearly rent is $36,000 per year. ALTERNATIVES /CONSIDERATIONS: The Board may decline to declare the property as currently unneeded, in which case, the current lease will continue as is until it expires. BACKGROUND: On March 18, 2004, the Board approved a lease with Bay Area Cellular Telephone Company, dba AT &T Wireless PCX, Inc., which is now New Cingular Wireless PCS, LLC (Cingular). The purpose of the lease was to allow the installation of a wireless communications facility at the upper CSO yard. The facilities consist of equipment cabinets placed at ground level, surrounded by a security fence, and antennae attached to the PG &E tower within the yard (see CSO site map on Exhibit A). Cingular has requested an amendment to the lease, which will increase the area for the equipment cabinets (from 220 s.f. to 445 s.f.) in order to upgrade the equipment and increase capacity. The land area increase will not affect CSO operations since the proposed expansion is along the property line and into a slope that will be leveled by the lessee. This lease will not preclude other telecommunication companies from using C: \Documents and Settings \cgee \Local Settings \Temporary Internet Files \Content.Outlook \4VS9801A \PP to conduct PH for Lease Amend with Cingular 7 -11 -13 Final1doc Page 1 of 3 POSITION PAPER Board Meeting Date: July 1 1, 2013 Subject: CONDUCT A PUBLIC HEARING TO CONSIDER ADOPTING A RESOLUTION DECLARING LANDS AS CURRENTLY UNNEEDED AND AUTHORIZING THE GENERAL MANAGER TO AMEND THE CURRENT LEASE WITH NEW CINGULAR WIRELESS PCS, LLC — WALNUT CREEK CSO CAMPUS (APN 177 - 270 -030) the same PG &E tower. The new rental amount was based on a market study of similar telecommunications sites. The existing yearly rental amount is $17,250. Staff has concluded that the proposed lease amendment and extension for the telecommunications facility are exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines Section 15301, since it involves leasing an existing public facility involving a negligible expansion of use beyond that currently existing. Approval of this lease amendment will establish the Board of Directors' independent finding that this amendment and extension is exempt from CEQA. COMMITTEE RECOMMENDATION: The matter of amending the subject lease was reviewed by the Enterprise Committee on May 6, 2013. The Committee recommended Board approval. RECOMMENDED BOARD ACTION: Conduct a public hearing to consider adopting a resolution declaring a piece of property located within 1250 Springbrook Road, Walnut Creek (APN 177 - 270 -030) as currently unneeded; authorizing the General Manager to amend the current lease with New Cingular Wireless PCS, LLC, to increase the lease area and extend the length of the lease to a term less than ten years; and finding that the lease amendment and extension are exempt from CEQA. Attached Supportinq Documents: 1. Map 2. Proposed Resolution C: \Documents and Settings \cgee \Desktop \PP to conduct PH for Lease Amend with Cingular 7 -11 -13 Fina14.doc Page 2 of 3 C: \Documents and Settings \cgee \Local Settings \Temporary Internet Files \Content.Outlook \4VS9801A \PP to conduct PH for Lease Amend with Cingular 7 -11 -13 Fina13.doc Page 3 of 3 RESOLUTION NO RESOLUTION NO. 2013-016 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT DECLARING A PORTION OF DISTRICT LAND AS CURRENTLY UNNEEDED AND AUTHORIZING THE GENERAL MANAGER TO NEGOTIATE A LEASE FOR A PORTION OF THE PROPERTY LOCATED AT 1250 SPRINGBROOK DRIVE, WALNUT CREEK WHEREAS, the District owns the property located at 1250 Springbrook Road, Walnut Creek, as shown in Exhibit A -Map (the "Property"), a portion of which is currently leased by New Cingular Wireless PCS, LLC ("Cingular"); and WHEREAS, the Property is identified as APN 177-270-030; and WHEREAS, a portion of the Property has been leased to Cingular for nine years; and WHEREAS, the District has received a request from Cingular for a lease amendment to increase the land area of the lease; and WHEREAS, the Board of Directors held a noticed public hearing on July 11, 2013, to determine whether the proposed lease of the portion of the Property would be compatible with District activities and functions, 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 portion of the Property is currently unneeded for the performance of the District's purposes, functions, and duties for a period not to exceed ten years. Furthermore, the Board of Directors finds that the proposed lease for the portion of 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 portion of the Property would provide a public benefit by generating funds for the District's duties and functions. 3. That the General Manager is authorized to execute a lease or lease amendment with a term of less than ten years. 4. That the proposed lease or lease amendment are exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines Section 15301, since it involves leasing an existing public facility involving a negligible expansion of use beyond that currently existing. 5. 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 Resolution 2013-016 Page 2 of 3 Central Contra Costa Sanitary District jurisdiction, then the remaining resolution portions shall be and continue in full force and effect. PASSED AND ADOPTED this 11th day of July, 2013, 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, CMC 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 Resolution 2013-016 Page 3 of 3 Central Contra Costa Sanitary District Exhibit A Resolution 2013-016 Page 2 of 3 Central Co ntra Costa Sanitary District jurisdiction, then the remaining resolution portions shall be and continue in full force and effect. PASSED AND ADOPTED this 11th day of July , 2013, 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, CMC 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 Resolution 2013-016 Page 3 of 3 Central Contra Costa Sanitary District Exhibit A