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Home My WebLink About12. Public hearing re declaring eastern 18.2 acres of Kiewit property unneeded and authorizing leasing Page 1 of 5 Item 12. CENTRAL SAN BOARD OF DIRECTORS ' POSITION PAPER MEETING DATE: JUNE 7, 2018 SUBJECT: CONDUCTA PUBLIC HEARING TO RECEIVE PUBLIC COMMENTAND CONSIDER ADOPTING RESOLUTION NO. 2018-011 AUTHORIZING THE GENERAL MANAGER, OR HIS DESIGNEE, TO LEASE PORTIONS OF THE EASTERN 18.2 ACRES OF THE KIEWIT PROPERTY(APN 159-140-051) FORA PERIOD NOT TO EXCEED 10 YEARS, AND DECLARE THE PROPERTYAS UNNEEDED FOR DISTRICT PURPOSES DURING THE TERMS OF THE LEASES SUBMITTED BY: INITIATING DEPARTMENT: RICK HERNANDEZ, SENIOR RIGHT OF WAY ENGINEERING AND TECHNICAL SERVICES - AGENT PDS - DEVELOPMENT SERVICES - RIGHT OF WAY REVIEWED BY: TOM GODSEY SENIOR ENGINEER DANEA GEMMELL, PLANNING AND DEVELOPMENT SERVICES DIVISION MANAGER JEAN-MARC PETIT, DIRECTOR OF ENGINEERING AND TECHNICAL SERVICES Roger S. Bailey Kenton L. Alm General Manager District Counsel ISSUE Prior to entering into any lease of real property owned by the District, the Board must conduct a public hearing. The subject property must be used for compatible uses and for public benefit, and the term may not exceed 10 years. Leased property also must be declared unneeded for District purposes during the June 7, 2018 Regular Board Meeting Agenda Packet- Page 384 of 446 Page 2 of 5 term of the lease. BACKGROUND The District currently issues various short-term leases, not exceeding 10 years on property not currently needed for District services. The eastern 18.2 acres of the Kiewit Property are currently vacant and available for leasing. I n order to allow the District to lease this portion of the Kiewit Property, the Board must make a finding that the subject property will be used for compatible uses, that it will be of public benefit, and that the term of the lease will not exceed 10 years. The Board must also declare the property as unneeded for District purposes during the term of the lease. Approval of the proposed resolution will allow the entire 18.2 acres remaining on the Kiewit site to be available for leasing in part or in its entirety for a 10-year period without having to come back to the Board for approval to declare the property as unneeded. ALTERNATIVES/CONSIDERATIONS The Board may elect to not lease the property or seek an alternative use for this land. FINANCIAL IMPACTS The District will receive additional income, dependent on the individual leases and the terms of each lease. COMMITTEE RECOMMENDATION Although this matter was not reviewed by a committee, the Real Estate, Environmental and Planning Committee at the April 25, 2018, meeting recommended approval of a proposed lease on this land. RECOMMENDED BOARD ACTION Adopt a resolution authorizing the General Manager, or his designee, to lease portions of the eastern 18.2 acres of the Kiewit Property(APN 159-140-051), for a term not to exceed 10 years; and declare the property as unneeded for District purposes during the terms of the leases. Strategic Plan Tie-In GOAL THREE: Be a Fiscally Sound and Effective Water Sector Utility Strategy 1 - Conduct Long-Range Financial Planning ATTACHMENTS: 1. Resolution 2. Proposed Kiewit Map (18.2 Acres Unneeded) June 7, 2018 Regular Board Meeting Agenda Packet- Page 385 of 446 Page 3 of 5 RESOLUTION NO. 2018 - A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT AUTHORIZING STAFF TO EXECUTE LEASE AGREEMENTS FOR THE EASTERN 18.2 ACRES OF THE KIEWIT PROPERTY (APN 159-140-051) FOR A PERIOD NOT TO EXCEED TEN YEARS, AND DECLARE THE PROPERTY AS UNNEEDED FOR DISTRICT ACTIVITIES WHEREAS, the District owns approximately 18.2 acres at on Imhoff Drive, just east of the Martinez Treatment Plant; and WHEREAS, the Property is more specifically identified as a portion of APN 159-140- 051; and WHEREAS, proposed leases on this parcel will be in conformity with the local zoning code and land use regulations; and WHEREAS, the Board of Directors held a noticed public hearing on June 7, 2018, to declare the property currently unneeded and available for leases that would be compatible with District activities and functions, and would provide a public benefit; and THEREFORE, BE IT RESOLVED by the Board of Directors of the 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. 2. THAT, after holding a noticed public hearing, the Board of Directors finds that the leasing of the Property would provide a public benefit by generating funds for the District's duties and functions. 3. THAT the General Manager or his designee are authorized to execute lease agreements on the Property for terms 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 proposed lease is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines Section 15301 , since it involves leasing an existing public facility of use. 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 jurisdiction, then the remaining resolution portions shall be and continue in full force and effect. 6. THAT staff is authorized to record documents related to leases on Property in the office of the Recorder of Contra Costa County. June 7, 2018 Regular Board Meeting Agenda Packet- Page 386 of 446 Page 4 of 5 Resolution No. 2018- Page 2 of 2 Central Contra Costa Sanitary District PASSED AND ADOPTED this 7th day of June, 2018, 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: Katie Young 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 June 7, 2018 Regular Board Meeting Agenda Packet- Page 387 of 446 Page 5 of 5 CCC Flood Control and Water CCC Flood Control p Conservation District and Water Conservation District T COUNTY, QUARRY ` g ,a f '�.'-• 7- CCCSD i k k/ ,.4- x' k k_IMHOFF DR TREATMENT x k x— x`k— +` PLANT 1 —x —x — x\ k +\ k \ A, + k B L� k 18.2 acres k V k A +/ k14.8 acres k / k +/ / +/ k / S . 1 Ilk k a k a k U o / /+ k F ami / X/ o k �X� / �,c x — Fence x Y x' Slope (10:1) x' +� Sustainable Farm Y Unneeded 18.2 acres N Gravel Road (Future) a o 125 25o Buchanan Field Paved Road Airport w Feet Runway Protection Zone U CENTRAL SAN Kiewit Site Plan Map 18.2 acres Declare Unneeded Z June 7, 2018 Regular Board Meeting Agenda Packet- Page 388 of 446