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HomeMy WebLinkAbout04.a. Review draft to conduct public hearing declaring district-owned property unneededItem 4.a. BOARD OF DI RECTORS POSIT ION PA PER DRAFT M E E T ING D AT E:MAY 3, 2021 S UB J E C T: R E V I E W D R A F T P O S I T I O N PA P E R TO C O ND UC T A P E ND I NG P UB L I C HE A R I NG TO R E C E I V E C O MME NT S O N D E C L A R I NG D I S T R I C T-O W NE D P R O P E RT I E S C O MMO NLY K NO W N A S “L A G I S S,” “C O UNT Y Q UA R RY,” A ND T HE “T R I A NG L E ” A S C UR R E NT LY UNNE E D E D F O R D I S T R I C T P UR P O S E S, A ND A UT HO R I Z I NG T HE G E NE R A L MA NA G E R O R HI S D E S I G NE E TO E X E C UT E A ND A D MI NI S T E R L E A S E A G R E E ME NT S F O R T HE P R O P E RT I E S W I T H T E R MS NO T TO E X C E E D T E N YE A R S S UB M I T T E D B Y: D A NA L AW S O N, S E NI O R E NG I NE E R I NI T I AT I NG D E PART M E NT: E NG I NE E R I NG A ND T E C HNI C A L S E RV I C E S - P D S - D E V E L O P ME NT S E RV I C E S - R I G HT O F WAY RE V IE WE D B Y:D A NE A G E MME L L , P L A NNI NG A ND D E V E L O P ME NT S E RV I C E S D I V I S I O N MA NA G E R J E A N-MA R C P E T I T, D I R E C TO R O F E NG I NE E R I NG A ND T E C HNI C A L S E RV I C E S IS S UE T he B oard of D irectors (B oard) must conduct a public hearing to declare D istrict land as unneeded to lease these properties. B AC K G RO UND Board P olicy No. B P 043 - Buffer Property Management was approved on April 15, 2021 . T his new policy set criteria for leasing buffer properties, that are located between the treatment plant and the surrounding properties not owned by C entral San. C urrently, three tenants on buffer properties require extensions to their lease agreements. A ll three buf f er properties meet the criteria set f orth in B P 043. To renew and or extend the lease agreement f or each of the subject properties, with a term not to exceed ten years, the Board must declare the land described below as currently un-needed for C entral San’s purposes, functions, and duties. T he L agiss property (map attached) is comprised of approximately 48 acres, located northwest of the Martinez Treatment P lant on Assessor ’s Parcel No. 159-140-042. I t is being leased for the purpose of livestock grazing at a monthly rental rate of $100 and is on a year-to-year basis. T he lease rate is lowered May 3, 2021 REEP Committee Meeting Agenda Packet - Page 4 of 40 Page 1 of 8 because the tenant provides a public benefit to the D istrict, in the f orm of general maintenance on the approximately 6,400 feet of perimeter fence and grazing to address fire suppression. T he tenant has been apprised of Central S an's solar project and has acknowledged that the leased area will be reduced upon construction of the solar panels. T he County Quarry property (map attached) is located at 5501 I mhof f D rive, northeast of the Martinez Treatment P lant, A ssessor’s P arcel No. 159-140-052, and consists of 7.58 acres. I t has been leased to C ounty Quarry since 1985, f or the purpose of operating (1) a recycling plant f or asphalt and concrete, (2) a concrete batch plant, and (3) a portable asphalt plant. On December 20, 2012, the Board adopted R esolution 2012-012 to declare the C ounty Quarry property unneeded for ten years. W hile there is still approximately 1-1/2 years remaining on the lease, C ounty Quarry intends to signif icantly invest in new equipment and wants to ensure the leasehold f or the next ten years. T he Triangle property (map attached) is located directly west of the Household Hazardous Waste F acility and west of the Martinez Treatment Plant on a portion of A ssessor’s P arcel No. 159-150-057. T he area, approximately 0.7 acres, is currently being used f or construction staging and storage of construction materials and equipment, including a temporary modular building. Originally, the construction staging area was intended for short-term use, however Granite Rock has continued to lease the site since 2016 and needs a longer term lease agreement. ALT E RNAT I V E S /C O NS I D E RAT IO NS T he B oard may decline to establish the recommended public hearing date or may elect to choose a dif f erent date; however, if the properties are to be leased, then a public hearing must be held to declare the properties as “currently unneeded." F I NANC IAL I M PAC T S Market rate analysis f or all three properties were recently completed. T he yearly rent for the L agiss property is $1,200 per year, and provides a public benef it in the f orm of maintenance and fire suppression. T he yearly rent for C ounty Quarry is $292,380 per year, and is at market rate. T he yearly rent for the Triangle property is $24,000 per year, and is at market rate. C O M M I T T E E RE C O M M E ND AT IO N T he Real Estate, E nvironmental and Planning C ommittee reviewed this item at its meeting on May 3, 2021 and recommended ________. RE C O M M E ND E D B O ARD AC T I O N C onduct the public hearing, and adopt a resolution declaring D istrict-owned properties commonly known as “L agiss”, “County Quarry”, and the “Triangle” as currently unneeded f or District purposes, and authorize staf f to execute and administer lease agreements with terms not to exceed ten years. Strategic Plan Tie-I n G O A L TH R EE: Fiscal R esponsibility Strategy 1 – Maintain financial stability and sustainability May 3, 2021 REEP Committee Meeting Agenda Packet - Page 5 of 40 Page 2 of 8 AT TAC HM E NT S : D escription 1. L agiss P roperty E xhibit Map 2. County Quarry Exhibit Map 3. Triangle Property Exhibit Map 4. P roposed Resolution May 3, 2021 REEP Committee Meeting Agenda Packet - Page 6 of 40 Page 3 of 8 Lagiss Property (APN 159-140-042) R 0 300 Feet Note: Lagiss Property Parcel per Contra Costa County GIS data and Assessor Parcel map.N:\GIS\Projects\Engineering\Planning\RightOfWay\RightOfWay\RightOfWay.aprx MMMap Date: 8/27/2020 Lagiss Property Parcel Central San Treatment Plant Location MapBlum RoadMartinez Concord 680 ·|}þ44 DETAIL AREA Central San Basin C UnnamedAccess RoadR Attachment 1 May 3, 2021 REEP Committee Meeting Agenda Packet - Page 7 of 40 Page 4 of 8 County Quarry Property (APN 159-140-052) R 0 150 Feet Note: County Quarry Property Parcel per Contra Costa County GIS data and Assessor Parcel map.N:\GIS\Projects\Engineering\Planning\RightOfWay\RightOfWay\RightOfWay.aprx MMMap Date: 8/27/2020 County Quarry Property Parcel Central San Treatment Plant Location Map Imhoff R o a d Martinez Concord 680 ·|}þ44 DETAIL AREA R Central San Kiewit PropertyPacheco CreekWalnut Creek Central San Basin A North Attachment 2 May 3, 2021 REEP Committee Meeting Agenda Packet - Page 8 of 40 Page 5 of 8 Triangle Property (Portion of APN 159-150-057) R 0 100 Feet Note: Triangle Property Parcel per Contra Costa County GIS data and Assessor Parcel map.N:\GIS\Projects\Engineering\Planning\RightOfWay\RightOfWay\RightOfWay.aprx MMMap Date: 8/27/2020 Triangle Property Parcel Central San Treatment Plant Location Map Imhoff Road 680 Central San Household Hazardous Waste Collection FacilityFron tage /P r iva te AccessRoad Martinez Concord 680 ·|}þ44 DETAIL AREA R Attachment 3 May 3, 2021 REEP Committee Meeting Agenda Packet - Page 9 of 40 Page 6 of 8 Attachment 4 RESOLUTION NO. 2021-___ A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT AUTHORIZING THE GENERAL MANAGER TO EXECUTE LEASE AGREEMENTS FOR APN 159-140-052 (5501 IMHOFF PLACE), APN 159-140-042 (“LAGISS”), AND A PORTION OF APN 159-150-057 (“TRIANGLE”) FOR A PERIOD NOT TO EXCEED TEN YEARS, AND DECLARING THE PROPERTIES AS UNNEEDED FOR THE TERM OF THE LEASE AGREEMENTS WHEREAS, the Central Contra Costa Sanitary District (District) owns properties west, north, and east of the Martinez Treatment Plant (Property); and WHEREAS, the Properties are more specifically identified as: • APN 159-140-052 (5501 Imhoff Place, Martinez); and • APN 159-140-042 (4451 Blum Road, Martinez, commonly referred to as the “Lagiss” property); and • A portion of APN 159-150-057 (a portion of 5000 Imhoff Place, Martinez, commonly referred to as the “Triangle” property). WHEREAS, the parcels feature preexisting, permitted industrial operation; grazing land; and light industrial uses; in conformity with the local zoning code and land use regulations; and WHEREAS, the District historically has utilized portions of the Properties in accordance with its needs, which use varies from time to time, and leased the unneeded portions of the Properties to obtain revenue for the District; and WHEREAS, the Board of Directors held a noticed public hearing on May 20, 2021, to determine whether the proposed leases of the Properties 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 Properties are currently unneeded for the performance of the District's purposes, functions, and duties for the term of the leases. Furthermore, the Board of Directors finds that the proposed leases for the Properties are compatible with the District's activities and functions. 2. That, after holding a noticed public hearing, the Board of Directors finds that leasing the Properties would provide a public benefit by generating funds for the District's duties and functions. May 3, 2021 REEP Committee Meeting Agenda Packet - Page 10 of 40 Page 7 of 8 Central Contra Costa Sanitary District Resolution No. 2021-___ Page 2 of 2 3. That the General Manager, or his designee, is hereby authorized to execute lease agreements for the properties for a term not to exceed ten years. 4. That the proposed leases are exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines Section 15301, since they involve leasing existing public facilities. 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 the documents in the office of the Recorder of Contra Costa County. PASSED AND ADOPTED this 20th day of May 2021, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Tad J. Pilecki 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 May 3, 2021 REEP Committee Meeting Agenda Packet - Page 11 of 40 Page 8 of 8