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HomeMy WebLinkAbout03. PROPOSAL TO DECLARE 4737 IMHOFF PLACE AS UNNEEDED3. Central Contra Costa Sanitary District December 3, 2014 TO: Honorable Members of the REEP Committee VIA: Roger S. Bailey, General Manager Jean -Marc Petit, Engineering Direc Danea Gemmell, Environmental Services Division Manager Thomas Brightbill, Senior Engineer FROM: Lisa Hiddleson, Provisional Senior Right -of -Way Ageni� SUBJECT: Public Hearing to Declare 4737 Imhoff Place as Unneeded Section 6514.1 of the California Health and Safety Code lists several requirements for leasing District -owned property to other parties including a requirement that Board of Directors find that the property is not needed. On June 2, 2005, the Board of Directors passed Resolution 2005 -052 which declared 4737 Imhoff Place as unneeded and authorized the General Manager to enter into leases for the individual bays for a period of ten years. Since the finding and authorizations in the resolution will expire in less than 6 months, staff has proposed an updated resolution which will declare 4737 Imhoff Place as currently unneeded and extend the authorization for the General Manager to negotiate and execute new leases. A copy of Resolution 2005 -052 is attached to this memo. C:\ Users \tbrightbill\Documents \4737 cover memo.docx RESOLUTION NO. 2005 -052 A RESOLUTION DECLARING A PARCEL OF DISTRICT LAND SURPLUS AND AUTHORIZING THE GENERAL MANAGER, OR HIS DESIGNEE, TO NEGOTIATE, EXECUTE AND ADMINISTER LEASES FOR WAREHOUSE SPACES LOCATED AT 4737 IMHOFF PLACE WHEREAS, the District owns approximately one and a half (1.5) acres at 4737 Imhoff Place, just west of the Martinez Treatment Plant, as shown in Exhibit A; and WHEREAS, said parcel is identified more specifically as APN # 159 - 150 -033 and 159 - 150 -037; and WHEREAS, this parcel features a preexisting, permitted warehouse structure with eleven loading bays that has been used for many years for commercial and light industrial uses, storage and loading and unloading uses, in conformity with the local zoning code and land use regulations; and WHEREAS, the Board of Directors held a noticed public hearing on June 2, 2005, to determine whether the proposed lease of this parcel and the warehouse structure thereon for light industrial and warehousing uses would be compatible with surrounding uses and zoning and land use regulations and provide a public benefit; and WHEREAS, the District seeks to continue to allow the use of the warehouse facility by outside parties, which could be done without modification or with only minor alterations to the land; and WHEREAS, there is typically high tenant turnover in the warehouse leasing market, thereby requiring prompt and immediate action by warehouse administrators to fill vacancies and, when necessary, to bring eviction proceedings against delinquent or defaulting tenants. 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 4737 Imhoff Place property is currently unnecessary for the performance of the District's purposes, functions, and duties at this time, although this assessment may change at some point in the future as conditions and factors evolve. Furthermore, the Board of Directors finds that the proposed lease and use of the subject property are compatible with the District's activities and functions. Resolution No. 2005 -052 2. That, after holding a noticed public hearing, the Board of Directors finds that the continued operation and lease of the loading and unloading bays within the warehouse structure at 4737 Imhoff Place would provide a public benefit by generating funds for the District's important duties and functions, and maintaining the availability of assets for the District's current and future use. 3. That the General Manager or his designee are authorized to negotiate, execute, and administer lease agreements for each of the eleven bays at the warehouse and appurtenant structures and access ways located at 4737 Imhoff Place, for a term not to exceed ten years. Such leases shall be made at competitive market rates to private parties which have uses compatible with the activities, duties and functions of the District. 4. That the General Manager or his designee are authorized to fill vacancies, evict delinquent or defaulting tenants, and conduct other day -to -day warehouse leasing activities as they might arise, without seeking further authorization or permission from the Board of Directors, so long as the proposed uses of such lessees are consistent with the warehousing activities considered herein. This delegation of authority shall be subject to review every five years, starting from the date of the adoption of this resolution. 5. That, notwithstanding the above authorizations and delegation, the General Manager shall still present any proposed lease of the abovementioned property or facility that exceeds ten years in length, 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 proposed lease and operation of the warehouse facility located at 4737 Imhoff Place are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 Cal. Code Regs. §§ 15301 (existing facilities); 15304 (minor alterations to land). 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. Resolution No. 2005 -052 PASSED AND ADOPTED this 2nd day of June, 2005, by the following vote: AYES: Members: Lucey, Menesini, Nejedly, Hockett NOES: Members: None ABSENT: Members: None ABSTAIN: Members: Boneysteele Pr sident of the District Board of the Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Secre airy of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to Form: enton . Alm District Counsel Doc. 758438.4 rn !AQi r. ok v� Central Contra Costa Sanitary District Treatment Plant .A 4; and Vicinity IIA A