The URL can be used to link to this page

Home My WebLink About03.a. Conduct a Public Hearing to Consider Declaring a Portion of Central San Land Located at 1250 Springbrook Road, Walnut Creek, CA (APN: 177-270-030) as Currently Un-Needed and Authorize Staff To Lease a Portion of the LandPage 1 of 5 Item 3.a. DCENTRALSAN MEETING DATE: MAY 17, 2023 BOARD OF DIRECTORS POSITION PAPER DRAFT SUBJECT: REVIEW DRAFT POSITION PAPER TO CONDUCTA PUBLIC HEARING TO CONSIDER DECLARING A PORTION OF CENTRAL SAN LAND LOCATED AT 1250 SPRI NGBROOK ROAD, WALNUT CREEK, CA 94596 (APN: 177- 270-030) AS CURRENTLY UN -NEEDED AND AUTHORIZE STAFF TO LEASE A PORTION OF THE LAND SUBMITTED BY: INITIATING DEPARTMENT: KATHLEEN RODRIGUEZ, RIGHT OF WAY AGENT ENGINEERING AND TECHNICAL SERVICES - PDS - DEVELOPMENT SERVICES - RIGHT OF WAY REVIEWED BY: DANA LAWSON, SENIOR ENGINEER DANEA GEMMELL, PLANNING AND DEVELOPMENT SERVICES DIVISION MANAGER EDGAR J. LOPEZ, PROVISIONAL DIRECTOR OF ENGINEERING AND TECHNICAL SERVICES ISSUE The Board of Directors (Board) must conduct a public hearing to declare the land as currently un-needed for Central San operations before it can be encumbered with lease agreement(s). BACKGROUND A portion of Central San land at 1250 Springbrook Road, Walnut Creek, CA 94596 (APN: 177-270-030), at the Hwy 24 and 1-680 interchange, currently leases an approximately 445 square foot pad of land to New Cingular Wireless PCS, LLC, a Delaware limited liability company dba AT&T Mobility, for wireless telecommunications equipment (cell site). The facilities consist of equipment cabinets placed at ground level, surrounded by a security fence, and antennas attached to the PG&E tower within the yard. The yearly rent for the past nine years was set at $36,000 per year. ALTERNATIVES/CONSIDERATIONS Agreements to lease land owned by Central San typically include provisions to terminate leases if the land is ever needed for Central San's operations. May 17, 2023 REEP Committee Meeting Agenda Packet - Page 4 of 33 Page 2 of 5 The Board may decline to establish the recommended public hearing date or may elect to choose a different date; however, if the property is to be leased, then a public hearing must be held to declare the property as "currently unneeded". FINANCIAL IMPACTS The yearly rent has been negotiated to a current market rental rate of $69,996 with an adjusted 2.5 percent per year according to Caltrans Annual Base License Fee Matrix. COMMITTEE RECOMMENDATION The Real Estate, Environmental and Planning Committee reviewed this matter at its meeting on May 17, 2023 and recommended RECOMMENDED BOARD ACTION Conduct a public hearing to receive comments on declaring a portion of Central San land (APN 177-270- 030) as currently un-needed for Central San operations; and, if determined as such, adopt a Resolution declaring this land as un-needed for Central San operations and authorizing staff to lease the land for a term not to exceed 10 years. Strategic Plan re -In GOAL FOUR: Governance and Fiscal Responsibility Strategy 3 - Maintain financial stability and sustainability ATTACHMENTS: 1. Exhibit A 2. Proposed Resolution May 17, 2023 REEP Committee Meeting Agenda Packet - Page 5 of 33 Page 3 of 5 ' AT&T Lease - CSO ATTACHMENT 1 Walnut Creek, CA Map Date: 4/10/2023 May 17, 2023 REEP Committee Meeting Agenda Packet - Page 6 of 33 Page 4 of 5 ATTACHMENT 2 RESOLUTION NO. 2023 - A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT DECLARING A PORTION OF DISTRICT LAND UNNEEDED AND AUTHORIZING THE GENERAL MANAGER TO EXECUTE A LEASE FOR A PORTION OF THE PROPERTY LOCATED AT 1250 SPRINGBROOK DRIVE, WALNUT CREEK WHEREAS, the District owns the property located at 1250 Springbrook Road, Walnut Creek, as shown in Exhibit A - Map (the "Property"), a portion of which is currently leased by New Cingular Wireless PCS, LLC ("Cingular"); and WHEREAS, the Property is more specifically identified as a portion of APN 159-140- 052; and WHEREAS, a portion of the Property has been leased to Cingular for nine years; and WHEREAS, the District has received a request from Cingular for a lease amendment to increase the land area of the lease; and WHEREAS, the Board of Directors held a noticed public hearing on June 1 2023, to determine whether the proposed lease of the Property 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 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 the proposed lease for 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 the General Manager is authorized to execute a lease with a term of less than ten years. 6. That the proposed lease and operation of the existing telecommunications facility at the Property are exempt from the requirements of the California Environmental Quality Act (CEQA) under District CEQA Guidelines Section 15301, since it involves extension for existing facilities. 7. 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 May 17, 2023 REEP Committee Meeting Agenda Packet - Page 7 of 33 Page 5 of 5 ATTACHMENT 2 jurisdiction, then the remaining resolution portions shall be and continue in full force and effect. PASSED AND ADOPTED this 1 st day of June, 2023, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members ABSENT: Members: Barbara D. Hockett President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Katie Young Secretary of the Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to form: Kenton L. Alm Counsel for the District May 17, 2023 REEP Committee Meeting Agenda Packet - Page 8 of 33