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Home My WebLink About01. Conduct a public hearing to consider declaring portions of the Kiewit buffer property as unneeded and authorize leasing of property Page 1 of 5 Item 1. CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETING DATE: SEPTEMBER 22, 2022 SUBJECT: CONDUCT PUBLIC HEARING TO RECEIVE PUBLIC COMMENT AND CONS IDER ADOPTING RESOLUTION NO. 2022-071 AUTHORIZING THE GENERAL MANAGER, OR HIS DESIGNEE, TO EXECUTE LEASE AGREEMENTS FOR PORTIONS OF THE CENTRAL SAN BUFFER PROPERTY COMMONLY KNOWN AS "KI EWIT PROPERTY' (APN 159-140- 051) FOR A PERIOD NOT TO EXCEED TEN YEARS, AND DECLARE THE PROPERTYAS UNNEEDED FOR THE TERM OF THE LEASE AGREEMENTS SUBMITTED BY: INITIATING DEPARTMENT: DANEA GEMMELL, PLANNING AND ENG-PDS-DIVISION MANAGER DEVELOPMENT SERVICES DIVISION MANAGER 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 to the District, and the term may not exceed ten years. Leased property also must be declared unneeded for District purposes during the term of the lease. BACKGROUND The District owns a parcel known as Kiewit Property, which was purchased as buffer in Martinez, California. The Kiewit site is located between Grayson and Walnut Creeks, Highway 4, and Imhoff Drive (see Attachment 1 for a location map). Land uses near the site include a quarry to the north, industrial September 22, 2022 Special Board Meeting Agenda Packet- Page 4 of 16 Page 2 of 5 and commercial uses to the east, the District' s wastewater treatment facility to the west, and Buchanan Field Airport to the south. The property is designated as Public/Quasi-Public on the Contra Costa County General Plan land use map and is zoned Heavy I ndustrial (H-1) on the County's zoning map. On April 17, 2014, the Board adopted Resolution 2014-011 to declare the western 14.8 acres of the property unneeded for ten years. On May 17, 2018, the Board adopted Resolution 2018-011 to declare the eastern 18.2 acres on the property unneeded for ten years. I n order to allow the District to lease any portion of the Kiewit Property, the Board must make a finding that the subject property will be compatible in use with District activities and functions, and would potentially provide additional revenues or a similar public benefit to the District; and that the term of the lease will not exceed ten 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 Kiewit site to be available for leasing in part or in its entirety for a ten-year period without having to come back to the Board for approval to declare the property as unneeded. ALTERNATIVES/CONSIDERATIONS The Board may decline to establish the recommended public hearing date or may elect to choose a different date; however, a public hearing must be held and the property must be declared as "currently un- needed" if the property is to be leased. FINANCIAL IMPACTS The District will receive additional income, dependent on the individual leases and the terms of each lease with either additional revenues or a similar public benefit to the District provided. COMMITTEE RECOMMENDATION The Real Estate, Environmental and Planning Committee reviewed this matter at its meeting on August 23, 2022, and recommended the Board hold a discussion and conduct a public hearing. RECOMMENDED BOARD ACTION Adopt the proposed resolution authorizing the General Manager, or his designee, to lease portions of the Kiewit Property (APN 159-140-051), for a period not to exceed ten years; and declare the property as unneeded for District purposes during the terms of the leases. Strategic Plan Tie-In GOAL ONE: Customer and Community Strategy 1—Deliver high-quality customer service GOAL SIX: Infrastructure Reliability Strategy 1 - Manage assets optimally ATTACHMENTS: 1. Kiewit Location Map 2. Proposed Resolution September 22, 2022 Special Board Meeting Agenda Packet- Page 5 of 16 Page 3 of 5 Kiewit Site Plan Attachment 1 Declare Entire 33 Acre Parcel Unneeded Map Date:8/24/2022 CCC Flood Control and Water CCC Flood Control Conservation District n and Water Conservation District` COUNTY QUARRY CCCSD x,�.� k' IMHOFF DR x• x-. TREATMENT x k +� PLANT �>( X �C Al I <� 4't r 18.2 acres 14.8 acres r� oe 011, k A A! / Fence Slope (10:1) Unneeded 14.8 acres <� (Sustainable Farm) N Unneeded 18.2 acres 0 125 250 ,; Buchanan Field Paved Road - Airport d / , Runway Protection Zone Feet September 22, 2022 Special Board Meeting Agenda Packet- Page 6 of 16 Page 4 of 5 Attachment 2 RESOLUTION NO. 2022-071 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT AUTHORIZING STAFF TO EXECUTE LEASE AGREEMENTS FOR ANY PORTION 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 Central Contra Costa Sanitary District (District) owns approximately 33 acres 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 September 22, 2022, to declare the property currently unneeded and available for leases that would be compatible with District activities and functions, and would potentially provide additional revenues or a similar public benefit to the District. NOW, 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, or would be used for providing other non-monetary benefits to the District. 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, or to non-profit public benefit entities providing equivalent non-monetary benefits to the District. 4. 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. 5. THAT staff is authorized to record documents related to leases on Property in the office of the Recorder of Contra Costa County. September 22, 2022 Special Board Meeting Agenda Packet- Page 7 of 16 Page 5 of 5 Central Contra Costa Sanitary District Resolution No. 2022-071 Page 2 of 2 PASSED AND ADOPTED this 22nd day of September 2022, by the following vote: AYES: Members: NOES: Members ABSENT: Members: David R. Williams 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 September 22, 2022 Special Board Meeting Agenda Packet- Page 8 of 16