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HomeMy WebLinkAbout4.a. Hold discussion on lease terms for AgLantis Lease renewal for CoCo San Sustainable Farm on Central San's Kiewit parcel Page 1 of 6 Item 4.a. CENTRAL SAN Y-109-ITMEN ME August 23, 2022 TO: REAL ESTATE, ENVIRONMENTAL AND PLANNING COMMITTEE FROM: DANEA GEMMELL, PLANNING AND DEVELOPMENT SERVICES DIVISION MANAGER REVIEWED BY: KENTON L. ALM, DISTRICT COUNSEL ROGER S. BAILEY, GENERAL MANAGER SUBJECT: HOLD DISCUSSION ON LEASE TERMS FOR AGLANTIS LEASE RENEWAL FOR COCO SAN SUSTAINABLE FARM ON CENTRAL SAN'S KIEWIT PARCEL In late January 2022, Dr. Carolyn Phinney sent an email requesting the start of negotiations for an extension to the AgLantis Lease Agreement (Attachment 1)for the CoCo San Sustainable Farm (Farm). Currently AgLantis has a lease that extends until April 16, 2024, for 14.8 acres on the western side of the Kiewit parcel with a 10-year term that expires on April 16, 2024. The lease amount is $1 per year and includes recycled water, to help support Central San's mission to foster sustainable and renewable practices, including recycled water. Dr. Phinney would like to extend the lease with the previous terms. On June 16, 2022, the Board held a discussion related to the request to extend the lease for an additional ten years and directed the Real Estate, Environmental & Planning Committee (RE EP) review the lease terms and conditions, address any questions, and provide a recommendation for Board consideration at a future Board meeting. All Board Members concurred. Member Pilecki requested the following information to be included for the Board's consideration of a future lease: 1. A market lease appraisal was performed by Dunn and Associates in July 2020 on the Kiewit parcel and estimated that the 14.8-acre parcel is valued at$21,490 per month or an annual lease value of $257,880. 2. The farm started using recycled water in 2018 for farming. The annual value of the water is calculated using the Recycled Water Class I I Rate for previous untreated water sources. Year Volume (Gallons) Class II - Value of Former Recycled Water Untreated Water (per 1000 gal) 2018 958,539 $ 1.71 $ 1,639 2019 591,368 $ 1.76 $ 1,041 August 23, 2022 Special REEP Committee Meeting Agenda Packet- Page 3 of 10 Page 2 of 6 2020 11116,938 $ 1.81 $ 2,022 2021 2,421,297 $ 1.86 $ 4,504 2022 1,266,202 $ 1.92 $ 2,431 (through June) TOTAL $ 11,637 Member Hockett requested that information to be included regarding the various and valuable opportunities the Farm brings to build public and private partnerships throughout Contra Costa County. 3. AgLantis has partnered with Contra Costa/Solano Food Bank, Mount Diablo High School (Cindy Gershen's Nutrition Program), Diablo Valley College, Contra Costa County Resource Conservation District, Xerces Society, Eco Mulch, White Pony Express, Sustainable Contra Costa, Mount Diablo Unified School District, County Quarry,AgraTech, and Milani Engineering to name a few. 4. Volunteers came from a number of organizations including California Conservation Corps, Walnut Creek Boys Team Charity, De LaSalle High School, and a number of families and regular volunteers throughout Contra Costa County and the Silicon Valley. Central San's Buffer Property Management (Attachment 2) notes that comparable public benefit can be considered as a Lease Criteria and that "Other Public Agencies, then non-profits needs shall be given priority for temporary uses over private entities". AgLantis is a 501c(3)which meets this criteria and has demonstrated the public benefits from its efforts. Extending the Farm lease for any additional time will require a hearing to declare the property as unneeded for a period up to ten years. The full 33-acre Kiewit site has typically been leased in the last ten-years for transitional uses that can be vacated in a reasonable time should Central San find a need for the property. Once lease terms are finalized and staff has a recommendation for the Board's consideration a hearing will be scheduled to consider the future of the property. Section 2.1 of the AgLantis Lease states "...the District will have the right to terminate this lease and Agreement as to any or all portions of the Premises, if the District Board declares the same to be required for public use. If such a determination of the need for public use of the Premises is made, this Lease shall be subject to cancellation and termination by the District at any time thereafter by giving Tenant notice in writing as soon as possible, but at least one year prior to the date such termination shall become effective." Staff confirmed with Dr. Phinney that this remains a consideration since the Kiewit site could be utilized in Central San's initiative to provide direct potable reuse to augment the regional water supply. Dr. Phinney noted that the concept of the Sustainable Farm is proof it is replicable and can be located on any public lands to help the community if Central San needs the property. There are several options that may be considered with respect to the lease renewal: 1. Extend for ten years on 14.8 acres with no change in terms. 2. Extend for five years on 14.8 acres and an option for an additional 5 years, with no change in terms. 3. Extend for ten years on 14.8 acres, with adjusted lease rate, such as $1 per year plus the cost of recycled water. 4. Extend for ten years on some lesser acreage than 14.8 acres with no change in terms. 5. Do not extend lease. 6. Any other options not presented herein. August 23, 2022 Special REEP Committee Meeting Agenda Packet- Page 4 of 10 Page 3 of 6 ATTACHMENTS: 1.AgLantis Request for Lease Renewal dated January 30, 2022 2. Board Policy No. BP 043 - Buffer Property Management August 23, 2022 Special REEP Committee Meeting Agenda Packet- Page 5 of 10 Page 4 of 6 ATTACHMENT 1 Danea Gemmell From: carolynphinney@comcast.net Sent: Sunday, January 30, 2022 9:05 AM To: Danea Gemmell Subject: Lease Renewal Dear Danea, AgLantis would like to start the process of renewing our CoCo San Sustainable Farm lease. The next few years will be very exciting and securing a renewal is important before we move forward. We are now working with the NRCS/USDA on a federal grant to build 5 more hoop greenhouses to grow our most vulnerable crops in greater protection. We hope to secure this funding this spring. We are also applying for federal funding for hedgerows and trees that will protect the farm from wind and bring more pollinators. The USDA is also helping us plan our irrigation system extension to be sure we have enough pressure for the whole design. As you know, AgraTech in Pittsburg donated a 144' X 42' hydroponic greenhouse and we have finally received approval from Contra Costa County Public Works and CoCoCo Fire. We still need approval from the Building Department, but we are making progress! This is a HUGE project that involves bringing PGE to the farm and so much more. We would like to have our lease renewal in place before we make these investments. Finally, we are exploring replicating the farm on another sanitary/sanitation district. CoCoCo has other districts who have expressed a desire to replicate and contribute to our goals: Food Equity, Education, Environmental Protection and Economic Development and Job Training (Internships for disadvantaged youth). Please let me know what I can do to facilitate this process. We had 35 volunteers, ages 3 to 70s, at the farm this Saturday and we are so excited about how much momentum we have created for this farm being a wonderful community builder and for our families. Volunteers came from John Muir Health, a local builder, local high schools, California Conservation Service, Google, a local architecture firm, Walnut Creek Boys Team Charity, Sustainable Contra Costa and more. It's particularly great that everyone can work outdoors, during this public health crisis. Most of our volunteers live in the Central San service district and are receiving unique benefits from their sanitary district. Thank you so much for all your help over the years! Carolyn Carolyn Phinney, Ph.D. President,AgLantis (501 c-3) www.Salads4Schools.org 925-788-7374 1 August 23, 2022 Special REEP Committee Meeting Agenda Packet- Page 6 of 10 Page 5 of 6 Attachment 2 Number: BP 043 Authority: Board of Directors Effective: April 15, 2021 Revised: A90k Reviewed: R ALSAN Initiating Dept./Div.: Engineering/Planning & Development BOARD POLICY BUFFER PROPERTY MANAGEMENT PURPOSE To provide guidance for management of Central San's buffer properties for prospective and existing tenants. This policy is for buffer properties that are located between the treatment plant and the surrounding properties not owned by Central San. Leasing criteria and prioritization will be utilized for any unneeded buffer property that is proposed for lease to others. POLICY It is Central San's policy to obtain and manage buffer property around the treatment plant to avoid incompatible land uses with Central San and surrounding properties, and minimize disturbances such as noise and odor, to the community. In applying this policy, Central San shall review all District-owned property, every five years at a minimum, to determine the need and use thereof, including if the inventory is best served as a source of lease revenue. Central San will maintain a priority for its own use to operate and maintain the sanitary sewer system and wastewater treatment and disposal facilities. Central San will then prioritize prospective projects interested in leasing a buffer property that enhances Central San's vision, mission, and purpose over those projects that do not relate to wastewater. The Board of Directors can modify this policy on a case-by-case basis. LEASING CRITERIA For leasing the unneeded real property, Central San will comply with Health and Safety Code §6514.1. The following factors will be taken into consideration when evaluating new lease proposals for buffer properties. 1. Land use must be compatible with Central San's and surrounding property owner's land use. (All leases shall include clauses allowing Central San to request termination, if the Board declares property is needed for public use.) 2. Adherence to all applicable laws, rules, regulations, and permits. August 23, 2022 Special REEP Committee Meeting Agenda Packet- Page 7 of 10 Page 6 of 6 Number: BP 043 BUFFER PROPERTY MANAGEMENT Page 2 of 2 3. Market lease rates or a comparable public benefit shall be charged to provide additional revenue to Central San and its ratepayers. 4. Other Public Agencies, then non-profits needs shall be given priority for temporary uses over private entities. 5. Public and surrounding property owner's acceptability and aesthetics. 6. Avoid potential for adverse environmental impacts, such as hazardous material spills or traffic congestion. 7. Financial stability to pay rent timely and address needed environmental cleanup, infrastructure, or necessary improvements. 8. Housekeeping performance of existing tenants. 9. Lease terms shall be up to 10 years and all terms of Health and Safety Code §6514.1 shall be met. 10. References and background checks. [Original retained by the Secretary of the District] August 23, 2022 Special REEP Committee Meeting Agenda Packet- Page 8 of 10