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HomeMy WebLinkAbout08.a. Review multi-use proposal for Kiewit Property in MartinezCentral Contra Costa Sanitary District O BOARD OF DIRECTORS 'a POSITION PAPER Board Meeting Date: October 3, 2013 Subject., REVIEW MULTIPLE -USE PROPOSAL FOR THE DISTRICT'S KIEWIT PROPERTY, A 33 -ACRE BUFFER PROPERTY LOCATED IN MARTINEZ ADJACENT TO THE TREATMENT PLANT (APN 159 - 140 -051) Submitted By. Danea Gemmell, Environmental Services Division Manager REVIEWED AND RECOMMENDED FOR BOARD ACTION: Initiating Dept. /Div.: Engineering /Environmental Services R. Bailey General Manager ISSUE: For the past year and a half, staff has been researching appropriate uses for a 33 -acre buffer property located in Martinez, adjacent to the Treatment Plant, known as the Kiewit property (APN 159 - 140 -051). This matter was most recently discussed by the Enterprise Committee at meetings held August 19, 2013 and September 9, 2013. The Committee has directed staff to present a multiple -use proposal for the Kiewit property to the Board for concurrence with its recommendations, essentially as set forth below: RECOMMENDATIONS: 1. Pursue a lease agreement with CoCo San Sustainable Farm covering a portion on the western side of the property for an agricultural educational program, including 10 plantable acres, with the condition that the southerly five plantable acres and adjoining side slopes may need to be vacated if necessary upon 60 days' notice from the District; 2. Form an ad hoc committee to negotiate the terms of a lease agreement with CoCo San Sustainable Farm (staff recommendation); 3. Direct staff to proceed with a Request for Proposal (RFP) for potential uses of the remaining eastern portion of the property; and 4. Direct staff to proceed with obtaining a Land Use Permit (LUP) for the entire property. BACKGROUND: This matter was last discussed with the full Board on April 18, 2013. At that time, staff was directed to submit to the appropriate airport representatives the most recent COCO San Sustainable Farm detailed project description, as well as other potential concepts for use of the Kiewit property, in an attempt to define what would be allowable on the property, given its proximity to Buchanan Field Airport. In late May of this year, the former lessee of the property, County Quarry, LLC, concluded a clean fill operation on the property. When final grading was completed, the C: \Users \danderson \Desktop \PP Kiewit Uses 10 -3 -13 Draft 4.doc Page 1 of 5 POSITION PAPER Board Meeting Date: October 3, 2013 Subject: REVIEW MULTIPLE -USE PROPOSAL FOR THE DISTRICT'S KIEWIT PROPERTY, A 33 -ACRE BUFFER PROPERTY LOCATED IN MARTINEZ ADJACENT TO THE TREATMENT PLANT site elevation was raised by approximately four to six feet. The Kiewit property is bounded by Highway 4 to the south, Imhoff Drive to the north, Grayson Creek to the west, and Walnut Creek to the east (Attachment 1). The site contains approximately half an acre of wetlands along Imhoff Drive and has 10:1 slopes running along the perimeter due to the recent grading activity. A recycled water main runs along the western border with a sewer main and junction box along the southern boundary. Because the property is located north of Buchanan Field Airport, it has use restrictions to meet Federal Aviation Administration (FAA) regulations and the Contra Costa County Airport Land Use Compatibility Plan. Due to the complexity of these FAA regulations, staff engaged a biologist and environmental consultant, Environmental Science Associates (ESA) to provide a land use compatibility analysis and provide guidance on the appropriate land uses. Its recommendations are that development of the property must incorporate use restrictions, including approximately three acres of Runway Protection Zone (RPZ) along the southern edge of the site, no noise - sensitive uses due to excessive noise from the airport, two separate safety zones that have density limitations of 30 people and 150 per acre maximum, airspace protection zones, and planting restrictions to avoid the attractants of wildlife to the area. Plant materials to avoid include those with nuts, seeds, berries and perennial grasses, such as alfalfa, that attract rodents and larger predatory birds. Sustainable Farm Proposal Over the last nine months, staff has presented a number of options for the Kiewit property, including a proposal for a sustainable farm to showcase agriculture grown with recycled water. The most recent proposal from the CoCo San Sustainable Farm ( "Sustainable Farm Proposal ") ideally includes five acres to grow produce for local schools and a food bank, five acres to grow produce to offset operational expenses, and two acres for community gardens, teaching facilities and supporting infrastructure. Staff has worked with the proponents and ESA to develop allowable plant materials that are appropriate for the Kiewit property. On May 2, 2013, staff sent a letter to the FAA and included the memorandum from ESA on conceptual land use for the Kiewit property and the Sustainable Farm Proposal in order to receive comments and determine if there were any fatal flaws. The FAA responded on June 21, 2013 (Attachment 2) and stated that "the FAA does not object to the proposed Sustainable Farm as described.... as long as they are consistent with the land use concepts described in ... your letter." The FAA also added sweet corn to the list of unsuitable crops on the property. C: \Users \danderson \Desktop \PP Kiewit Uses 10 -3 -13 Draft 4.doc Page 2 of 5 POSITION PAPER Board Meeting Date: October 3, 2013 Subject: REVIEW MULTIPLE -USE PROPOSAL FOR THE DISTRICT'S KIEWIT PROPERTY, A 33 -ACRE BUFFER PROPERTY LOCATED IN MARTINEZ ADJACENT TO THE TREATMENT PLANT On August 19, 2013, during discussion about the District Master Plans and visioning for recycled water uses in the future, the Enterprise Committee discussed exploring educational opportunities to showcase the use of recycled water on urban farming. In addition, continuing public education will increase the general acceptance of recycled water and help to promote sustainable water usage. In a state prone to drought conditions and an increasing population, water is a precious resource for both the public and the environment. Using water more than once reduces the strain on the environment while satisfying the public's need for water for non - potable uses. The Sustainable Farm Proposal falls in line with the District's Mission, Vision and Values to "protect health and the environment by recycling high quality water and promoting pollution prevention" and achieving the District's goals by "valuing community relationships." At the same August 19, 2013 meeting, during a discussion on potential uses of the Kiewit property, the Enterprise Committee provided a recommendation to provide approximately 10 plantable acres, which could include the sloping portion of the site, to the CoCo San Sustainable Farm proponents for a demonstration garden with an agriculture educational program, for an annual fee of $1. Staff was directed to prepare a position paper for Board concurrence. On September 9, 2013, the Enterprise Committee discussed the map presented by staff (Attachment 1), which demonstrated graphical options to accommodate the Sustainable Farm Proposal. Two five -acre pieces were illustrated with the abutting side slopes and buffer area to the fence that could be utilized for ancillary farming activities. The Committee agreed to recommend the roughly 10 plantable acres and abutting side slope and buffer for a demonstration project with the condition that the southerly five acres and adjoining side slopes (depicted in green and light green on the map) may need to be vacated, upon 60 days' notice from the District, should the property be needed for other uses, such as a Caltrans staging area for an upcoming highway construction project. After the Committee meeting, staff made minor revisions to the site map to remove the sewer junction box and make allowances for the driveway approach to provide 10 full acres available for planting (Attachment 3). Ad Hoc Committee If the Board approves pursuing a lease agreement with CoCo San Sustainable Farm for a portion of the property, staff recommends formation of an ad hoc committee for the specific purpose of providing guidance to staff and assisting in the negotiation of the lease terms. General terms that may be included in a lease agreement are as follows: C: \Users \danderson \Desktop \PP Kiewit Uses 10 -3 -13 Draft 4.doc Page 3 of 5 POSITION PAPER Board Meeting Date: October 3, 2013 Subject: REVIEW MULTIPLE -USE PROPOSAL FOR THE DISTRICT'S KIEWIT PROPERTY, A 33 -ACRE BUFFER PROPERTY LOCATED IN MARTINEZ ADJACENT TO THE TREATMENT PLANT • Conformance with all airport regulations and guidelines with the requirement to cease any operation that may potentially impact airport operations. • Provide, at no cost to the District, appropriate insurance coverage indemnifying the District from exposure to any liability associated with the CoCo San Sustainable Farm (CoCo San Sustainable Farm has partnered with Earth Island Institute to assist with these administrative responsibilities). • Performance standards that include housekeeping of the site, minimum educational outreach, and general farm milestones to ensure success of the demonstration project. The agreement would follow the model of the recently approved County Quarry lease agreement in terms of performance standards. • Incorporate any conditions of a LUP from Contra Costa County. • The cost of any site improvements would be the responsibility of CoCo San Sustainable Farm or its partners. • The annual lease cost shall be $1 for use of the property, for a term not to exceed 10 years. General improvements that benefit the full Kiewit site would need to be addressed by the ad hoc committee, including the development of a recycled water connection, site fencing, driveway approaches, and parking along Imhoff Drive. The term of the ad hoc committee would run until the lease agreement is brought back to the full Board for final approval. Request for Proposal (RFP) On June 24, 2013, the Enterprise Committee directed staff to prepare a draft RFP for multiple uses of the Kiewit Property (possibly including agriculture, truck staging and construction staging). In addition to the RFP, staff will need to submit a LUP application to Contra Costa County for the change of use and determine any related conditions that potential tenants will need to address in their proposals. On September 9, 2013, the Enterprise Committee discussed use of the approximately 18 remaining acres of the Kiewit site and recommended that staff prepare an RFP to develop a clean fill /borrow site and contractor staging area for the upcoming Highway 4 expansion project. Additionally, the Committee requested that staff approach County Quarry, the former lessee of the property, to determine if they are willing to pay for an area up to three acres for truck staging on the property. C: \Users \danderson \Desktop \PP Kiewit Uses 10 -3 -13 Draft 4.doc Page 4 of 5 POSITION PAPER Board Meeting Date: October 3, 2013 Subject REVIEW MULTIPLE -USE PROPOSAL FOR THE DISTRICT'S KIEWIT PROPERTY, A 33 -ACRE BUFFER PROPERTY LOCATED IN MARTINEZ ADJACENT TO THE TREATMENT PLANT Land Use Permit (LUP) Staff approached Contra Costa County in July to begin the LUP process for the new proposed uses at the site. The application would present a Master Plan of allowable uses so that the District could have multiple tenants that could adhere to the stringent requirements set forth by the FAA and County Land Use Compatibility Plan. If a tenant were to change, the District would not need to modify the Land Use Permit so long as all the LUP requirements continued to be met. To simplify the LUP process and avoid costly site improvements and development fees, District staff proposed interim structures and infrastructure. Temporary trailer offices, portable water and toilet facilities, and gravel roads would be used. Recycled water and power would be the only utilities used. The County was receptive to this type of approach to the LUP; however, planning staff requested submittal of a more detailed site plan with specifics outlined, such as number of structures, access roads and parking lots. Once a site plan is finalized and the application submitted, the LUP and California Environmental Quality Act (CEQA) process will take approximately four to six months. Staff has evaluated this action and concluded it is exempt from the CEQA under District CEQA Guidelines Section 15262, since the decisions would be used for planning and design studies, and permit application for possible future actions which the District has not approved. The outcome of these tasks will not have a legally binding effect on later activities. Approval of the recommended actions set forth on Page 1 will establish the Board of Directors' independent finding that the actions are exempt from CEQA. The Board further finds that the District will ensure CEQA compliance documentation is prepared prior to undertaking any "project" arising from these actions. FINANCIAL IMPACTS: To date, the District has expended $32,405 in salaries and wages along with the associated benefits to review options and identify allowable uses for the Kiewit parcel. An additional $21,745 has been paid in consultant costs for technical studies, for a total of $54,150. The technical studies are being utilized in the LUP application process. Staff anticipates that an additional $30,000 will be needed to complete the RFP, LUP and CEQA process. RECOMMENDED BOARD ACTION: Provide direction to staff, with specific instruction regarding any actions approved other than those recommended on Page 1. Attached Supportinq Documents: 1. Kiewit Site Map presented to Enterprise Committee on September 9, 2013 2. June 21, 2013 Letter from Robin Hunt of the FAA 3. Kiewit Site Map with minor revisions C: \Users \danderson \Desktop \PP Kiewit Uses 10 -3 -13 Draft 4.doc Page 5 of 5 ATTACHMENT X.� bz** Z June 21, 2013 Danea Gernmell, PE Environmental Services Division Manager 5019 Imhoff Place, Martinez, CA 94553 Dear Ms. Gemmel], ATTACHMENT 2 San Francisco Airports District Office 1000 Marina Boulevard, Suite 220 Brisbane, California 94005-1835 Subject: Your May 2, 2013 Letter, Concerning Environmental Services Associates Conceptual Land Use Review and COCO San Sustainable Farm Project Description for District Buffer Property in Martinez (APN: 159 -140 -051) We appreciate the information you sent to our office about the subject above for comment. As requested, we have reviewed the three proposed land use concepts regarding the 33-acre Kiewit property (APN 159 -140 -051) north of the Buchanan Field Airport in Attachment I of your letter and the proposed CoCo San Sustainable Farm (Sustainable Farm) project in Attachment 2. From our review of the Central Contra Costa Sanitary District's possible land uses north of the airport, the Federal Aviation Administration (FAA) does not object to the future development and land uses as proposed in your letter. Your letter includes a Report Memorandum from Environmental Services Associates (ESA) explaining three land use concepts for our review. We note that Area I will be consistently kept vacant under all three concepts so that no buildings or structures will be permitted in that area for any proposed projects. Because Area 1, just north of the Buchanan Municipal Airport, makes up part of the airport's Runway Protection Zone (RPZ) for Runways 14L and 14R, the FAA finds this proposed land use will conform to FAA policy and airport design standards. As explained in our February 13, 2013 letter to the Contra Costa County Director of Airports, the RPZ is a defined land area underneath aircraft approach and departure paths with the purpose to prevent the introduction of above ground objects that could be hazardous to aircraft, its occupants, and to people on the ground. Therefore, control of these areas by the airport operator is essential to prevent the creation of safety risks. Keeping the proposed land use of Area I vacant at all times, will avoid creating any airport hazards and incompatible land uses in the future, and possibly violating airport sponsor grant assurances. Also, as conveyed in our February 13, 2013 letter, because of the proximity of the proposed land use, federally obligated airports must prevent the growth or establishment of obstructions in the aerial approaches to departures from the airport. The term "obstruction" refers to natural or manmade objects that penetrate surfaces defined in 14 CFR Part 77, Objects Affecting Navigable Airspace. Buchanan Field Airport is certificated under 14 CFR Part 139. As a result FAA periodically inspects the airport to ensure the airport's compliance with FAA safety requirements. In this regard, the Contra Costa County would 2 need to implement any corrective actions resulting from these inspections. We understand that draft Concepts I and 3 on the proposed land uses will include some storage use, agricultural use, and light industrial use, while Concept 2, only storage and light industrial uses are intended. Agricultural activities on lands close to the airport may become a hazardous wildlife attractant, jeopardizing approaching and departing aircraft. FAA has reviewed the list of possible field crops described in Attachment 2, Sustainable Farm, which may be planted for agricultural use. We do not see any major concerns regarding the creation of a hazardous wildlife attractant from the proposed list of vegetables that may be planted. Based on our research, data are not sufficiently available to show that the vegetables on the list would not attract birds; however, vegetable gardens are one of the least attractive forms of agriculture to birds, except for sweet corn.. Sweet com, although not mentioned in your letter, has been documented to attract birds and should be avoided. Additional factors that we feel will likely not increase the potential for wildlife hazards at the airport include: ' • rhe size of the proposed community garden area is relatively small; • There will be human presence on a regular basis that will deter birds; and • The list of plants/vegetables was chosen based on an awareness regarding the potential for attracting wildlife. Therefore, from our review of the letter and the two Attachments, the FAA does not object to the proposed Sustainable Farm project as described in Attachment 2 including any proposed projects as long as they, are consistent with the land use concepts described in Attachment I of your letter. Please contact me at (650) 827-7601 if you have any questions or comments. Sincerely, Robin K. 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