HomeMy WebLinkAbout03. Conduct public hearing re: The Topsoil Buffer Property Page 1 of 8
Item 3.
CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETING DATE: SEPTEMBER 18, 2020
SUBJECT: CONDUCT PUBLIC HEARING TO RECEIVE COMMENTS TO
ADOPT RESOLUTION NO. 2020-034 DECLARING A PORTION OF
DISTRICT-OWNED PROPERTY(PORTION OF APN 159-140-057) LOCATED
AT 5030 IMHOFF DRIVE IN MARTINEZ, COMMONLY KNOWN AS "THE
TOPSOIL" BUFFER PROPERTY, AS CURRENTLY UNNEEDED FOR
DISTRICT PURPOSES; AND AUTHORIZING STAFF TO EXECUTE AND
ADMINISTER LEASE AGREEMENTS FOR THE PROPERTY WITH TERMS
NOT TO EXCEED TEN YEARS
SUBMITTED BY: INITIATING DEPARTMENT:
RICK HERNANDEZ, SENIOR RIGHT OF WAY ENGINEERING AND TECHNICAL SERVICES -
AGENT PDS - DEVELOPMENT SERVICES - RIGHT OF
WAY
REVIEWED BY: DANA LAWSON, SENIOR ENGINEER
DANEA GEMMELL, PLANNING & DEVELOPMENT SERVICES DIVISION
MANAGER
JEAN-MARC PETIT, DIRECTOR OF ENGINEERING & TECHNICAL
SERVICES
Roger S. Bailey Kenton L. Alm
General Manager District Counsel
ISSUE
District land must be declared as currently unneeded for District operations by the Board of Directors
(Board) before it can be encumbered with lease agreements.
September 18, 2020 Special Board Meeting Agenda Packet- Page 46 of 154
Page 2 of 8
BACKGROUND
A portion of District's land (portion of APN 159-140-057) at 5030 Imhoff Drive, Martinez, is currently
leased to Contra Costa Topsoil to operate a topsoil and landscaping supply business. In order to continue
lease operations on this property, the land must be declared unneeded by the Board. Map is attached.
Staff has concluded that this action is exempt from the California Environmental Quality Act (CEQA) under
District CEQA Guidelines Section 15305, since it involves a minor alteration in land use limitations.
Approval of this action will establish the Board's independent finding that this action is exempt from
CEQA.
ALTERNATIVES/CONSIDERATIONS
Agreements to lease District land typically include provisions to terminate leases if the land is ever needed
for District operations.
FINANCIAL IMPACTS
The subject land was leased for$6,335 per month until the lease ended on June 30, 2020.An
amendment was approved which increased the lease amount to $6,525 per month for lease negotiations.
The proposed lease rate is $6,968 per month, with provisions for 10% annual rent increases over five
years to bring the property to market rate.
COMMITTEE RECOMMENDATION
This item was not considered by a Board Committee.
RECOMMENDED BOARD ACTION
Conduct the public hearing and adopt the proposed resolution (1) declaring a portion of District-owned
property(portion of APN 159-140-057) located at 5030 1 mhoff Drive in Martinez, commonly known as
"The Topsoil" buffer property, as currently unneeded for District purposes; and (2) authorizing staff to
execute and administer lease agreements for the property with terms not to exceed ten years.
Stratedc Plan Tie-In
GOAL THREE:Fiscal Responsibility
Strategy 1—Maintain financial stability and sustainability
ATTACHMENTS:
1. Proposed Resolution
2. Exhibit A- Map
3. Presentation
September 18, 2020 Special Board Meeting Agenda Packet- Page 47 of 154
Page 3 of 8
Attachment 1
RESOLUTION NO. 2020-034
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY
DISTRICT DECLARING A PORTION OF DISTRICT LAND UNNEEDED AND
AUTHORIZING STAFF TO LEASE A PORTION OF APN 159-140-057
WHEREAS, the District owns approximately nine and one half (9.5) acres of land, being
a portion of Assessor's Parcel Number 159-140-057 and located at 5030 Imhoff Drive,
Martinez, (Property), shown in Exhibit A; and
WHEREAS, the Board of Directors held a noticed public hearing on September 18,
2020, to determine whether the Property is currently unneeded for District operations.
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 for a period not to exceed ten years. Furthermore, the
Board of Directors finds that leasing 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 staff is hereby authorized to lease the Property for a term not to exceed ten
years.
4. That this action is exempt from the California Environmental Quality Act (CEQA)
under District CEQA Guidelines Section 15305, since it involves a minor
alteration in land use limitations. Approval of this action will establish the Board of
Directors' independent finding that this action is exempt from CEQA.
PASSED AND ADOPTED this 18th day of September, 2020, by the Board of Directors
of the Central Contra Costa Sanitary District by the following vote:
AYES: Members:
NOES: Members
ABSENT: Members:
Michael R. McGill, P.E.
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
September 18, 2020 Special Board Meeting Agenda Packet- Page 48 of 154
Page 4 of 8
Central Contra Costa Sanitary District
Resolution No. 2020-034
Page 2 of 2
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
September 18, 2020 Special Board Meeting Agenda Packet- Page 49 of 154
Attachment 2 Page 5 of 8
Leased Property (Portion of APN 159-140-057)
' Map Date:9/3/2020
F..
DETAIL
AREA
Concord
Martinez
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760
Portion of APN 159-140
ek
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0 Leased Property
0 Central San Treatment Plant �<
0 Tax Parcel `
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Map Displayed in North American Datum of 1983 ,/fir 0 100
California State Plane,Zone III FIPS 0403,US Feet N1 Feet Exhibit A- Location Map
September 18, 2020 Special Board Meeting Agenda Packet- Page 50 of 154
Page 6 of 8
Attachment 3
PUBLIC HEARING ON THE
TOPSOIL PROPERTY
Danea Gemmell
Planning & Development Services
�. Division Manager
Board Meeting
September 18, 2020
1
PERTINENT INFORMATION
DETAIL • Portion of APN 159-140-057
AR�
• Gross Area: 5.22 Acres
• Net Usable Area: 4.1 Acres
I • Lease ended June 30, 2020:
$6,335 per month
, i - : • Current Lease Rate:
4 $6,525 per month
`' f;;' `' • Contra Costa Topsoil:
y Tenant since 1978
2
CFNTPAISAN
September 18, 2020 Special Board Meeting Agenda Packet- Page 51 of 154 1
Page 7 of 8
PROPOSED LEASE TERMS
• 5 Year Lease
o Lease revised to reflect net usable acreage
o Proposed Lease Rate $6,968 per month starting November 1, 2020
010% Annual Increase thereafter to bring to market rate
• 5 Year Renewal Option
o Annual Increase of 3% thereafter for remaining term
CENTRAL SAN
13
RECOMMENDATION
Conduct the public hearing and adopt the proposed
resolution:
1 . Declaring a portion of District-owned property (portion of
APN 159-140-057) located at 5030 Imhoff Drive in
Martinez, commonly known as "The Topsoil" buffer
property, as currently unneeded for District purposes; and
2. Authorizing staff to execute and administer lease
agreements for the property with terms not to exceed ten
years.
l4
September 18, 2020 Special Board Meeting Agenda Packet- Page 52 of 154 2
Page 8 of 8
QUESTIONS
= -=
CFNTPAt SAN
September 18, 2020 Special Board Meeting Agenda Packet- Page 53 of 154 3