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HomeMy WebLinkAbout04.a. Hold Public Hearing re LeasesI /. a. PUBLIC HEARING TO CONSIDER ADOPTING RESOLUTIONS DECLARING 5501 IMHOFF DRIVE, MARTINEZ, CALIFORNIA (APN 159 - 140 -052), CURRENTLY LEASED BY COUNTY QUARRY; AND 5030A IMHOFF DRIVE, MARTINEZ, CALIFORNIA (APN 159 - 140 -057), CURRENTLY LEASED BY CONTRA COSTA TOPSOIL, AS CURRENTLY UNNEEDED AND AUTHORIZING STAFF TO EXECUTE LEASE AGREEMENTS SUGGESTED AGENDA November 18, 2010 Request staff presentation. II. Public Hearing: A. Receive public comments. B. Request staff response, as appropriate. C. Close Public Hearing. III. Board deliberation regarding proposed resolutions. IV. Recommended Action: Adopt proposed resolutions declaring the following District land as currently unneeded and authorizing the General Manager, or his designee, to execute and administer lease agreements for periods not to exceed ten years: • 5501 Imhoff Drive, Martinez, California (APN 159 - 140 -052), currently leased by County Quarry; and • 5030A Imhoff Drive, Martinez, California (APN 159 - 140 -057), currently leased by Contra Costa Topsoil. Central Contra Costa Sanitary District ' BOARD OF DIRECTORS q. OL POSITION PAPER Board Meeting Date: November 18, 2010 Subject: CONDUCT A PUBLIC HEARING TO CONSIDER ADOPTING RESOLUTIONS DECLARING CERTAIN DISTRICT LAND AS CURRENTLY UNNEEDED AND AUTHORIZING STAFF TO EXECUTE LEASE AGREEMENTS Submitted By RANDALL M. M USG RAVES, Initiating Dept. /Div.: DIRECTOR OF ADMINISTRATION ADMINISTRATION REVIEWED AND RECOMMENDED FOR BOARD ACTION: 01 1K. 1d sgraves K. Alm Oit" James 0. Kelly, General Manager ISSUE: The Board must conduct a public hearing to declare District land as unneeded and authorize staff to execute lease agreements. RECOMMENDATION: Conduct a public hearing to consider adopting resolutions declaring the following District land as currently unneeded and authorizing the General Manager, or his designee, to execute and administer lease agreements for periods not to exceed ten years: • 5501 Imhoff Drive, Martinez, California (APN 159 - 140 -052), currently leased by County Quarry; and • 5030A Imhoff Drive, Martinez, California (APN 159 - 140 -057), currently leased by Contra Costa Topsoil. FINANCIAL IMPACTS: The District will receive additional rental income. Various leases would provide income to the District based on actual areas leased and agreement terms. ALTERNATIVES /CONSIDERATIONS: The alternative to this action is to not renew the leases, or abandon lease income from those properties. BACKGROUND: The District has purchased property in the past for the possible use and benefit of the District to conduct its business in the interest of the public. Not all of the land is needed for physical use by the District at this time. It is beneficial to the public and the District to pursue lease income to assist in District financing. The Sanitary District Act (section 6514.1) requires a public hearing in order to execute leases of District land. Staff requests that the Board conduct a public hearing for each of the two parcels or sites under consideration for leasing. POSITION PAPER Board Meeting Date: November 18, 2010 subject. CONDUCT A PUBLIC HEARING TO CONSIDER ADOPTING RESOLUTIONS DECLARING CERTAIN DISTRICT LAND AS CURRENTLY UNNEEDED AND AUTHORIZE STAFF TO EXECUTE LEASE AGREEMENTS Staff requests that the Board find the properties as unneeded at this time. Staff also requests that the Board authorize staff to enter into a ten -year lease with Contra Costa Topsoil and a one -year lease with County Quarry. A one -year lease with County Quarry provides a period of time for the District to assess full lease compliance and County Quarry's ability to address District concerns. In addition, staff is requesting the authority to administer and manage the leases to protect the District's interests. The leases are consistent with the Real Estate Committee's and Board's direction and were reviewed by the Real Estate Committee at its October 11, 2010 meeting. The Committee recommended Board approval. RECOMMENDED BOARD ACTION Conduct a public hearing to consider adopting resolutions declaring the following District land as currently unneeded and authorizing the General Manager, or his designee, to execute and administer lease agreements for periods not to exceed ten years: • 5501 Imhoff Drive, Martinez, California (APN 159 - 140 -052), currently leased by County Quarry; and • 5030A Imhoff Drive, Martinez, California (APN 159 - 140 -057), currently leased by Contra Costa Topsoil. RESOLUTION NO. 2010 -100 A RESOLUTION DECLARING A PORTION OF DISTRICT LAND UNNEEDED AND AUTHORIZING THE GENERAL MANAGER, OR HIS DESIGNEE, TO NEGOTIATE, EXECUTE AND ADMINISTER A TERM LEASE FOR THE PROPERTY AT 5501 IMHOFF DRIVE, MARTINEZ WHEREAS, the District owns approximately seven (7) acres of land north east of the Martinez Treatment Plant, as shown in Exhibit A, located at 5501 Imhoff Drive, also known as Parcel C.2., Martinez, and currently leased by County Quarry (the "Property "); and WHEREAS, the Property is more specifically identified as APN 159 - 140 -052; and WHEREAS, the Property has been leased to County Quarry for approximately twenty - five years; and WHEREAS, the District has received a request for a long -term lease renewal; and WHEREAS, before the consideration of the lease renewal, County Quarry was to address the District's concerns regarding pile height, dust, traffic and their bone yard; and WHEREAS, the Board of Directors held a noticed public hearing on November 18, 2010, to determine whether the proposed lease of the Property would be compatible with surrounding uses and zoning and land use regulations, and would provide a public benefit, and 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 unnecessary for the performance of the District's purposes, functions, and duties, although this assessment may change at some point in the future as conditions and factors evolve. Furthermore, the Board of Directors finds that the proposed leases for the use of the subject property are compatible with the District's activities and functions and the uses of surrounding properties, and would fully comply with local land use requirements and zoning. 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 important duties and functions. 3. That the General Manager or his designee is authorized to negotiate, execute and administer a lease agreement for the property for a one -year term. Such lease shall be made at competitive market rates to private parties which have uses compatible with the activities, duties and functions of the District. RESOLUTION NO. 2010 -100 Page 2 4. That the General Manager or his designee is authorized to fill vacancies, evict delinquent or defaulting tenants, and conduct other day -to -day property leasing activities as they might arise, without seeking further authorization or permission from the Board of Directors, so long as the proposed uses of such lessee is consistent with the use considered herein and the lease does not exceed one year in length. 5. That, notwithstanding the above authorizations and delegation, the General Manager shall present any proposed lease of the Property that exceeds one year in length, or might significantly impact District business or the community, pose a financial or physical risk to the District, or be incompatible with District activities, functions or duties, to the Board of Directors for full consideration, review and approval prior to execution. 6. That the proposed lease and operation of the existing structures and facilities at the Property are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 Cal. Code Regs. § 15301 (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 jurisdiction, then the remaining resolution portions shall be and continue in full force and effect. PASSED AND ADOPTED this 18 day of November, 2010, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Michael McGill, P.E. President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme, CIVIC Secretary of the Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to form: Kenton L. Alm, Esq. Counsel for the District County Quarry Leased Property. RESOLUTION NO. 2010 -101 A RESOLUTION DECLARING A PORTION OF DISTRICT LAND UNNEEDED AND AUTHORIZING THE GENERAL MANAGER, OR HIS DESIGNEE, TO NEGOTIATE, EXECUTE AND ADMINISTER A TERM LEASE FOR THE PROPERTY AT 5030A IMHOFF DRIVE, MARTINEZ WHEREAS, the District owns approximately five (5) acres of land north of the Martinez Treatment Plant, as shown in Exhibit A, located at 5030A Imhoff Drive, Martinez, and currently leased by Contra Costa Topsoil (the "Property "); and WHEREAS, the Property is more specifically identified as APN 159 - 140 -057; and WHEREAS, the Property has been leased to Contra Costa Topsoil for approximately twenty years; and WHEREAS, the District has received a request for a long -term lease renewal; and WHEREAS, before the consideration of the lease renewal, Contra Costa Topsoil performed soil remediation to ensure hazardous materials exceeding regulated limits were removed and properly disposed of; and WHEREAS, the Board of Directors held a noticed public hearing on November 18, 2010, to determine whether the proposed lease of the Property would be compatible with surrounding uses and zoning and land use regulations, and would provide a public benefit; and 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 unnecessary for the performance of the District's purposes, functions, and duties, although this assessment may change at some point in the future as conditions and factors evolve. Furthermore, the Board of Directors finds that the proposed lease for the use of the subject property is compatible with the District's activities and functions and the uses of surrounding properties, and would fully comply with local land use requirements and zoning. 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 important duties and functions. 3. That the General Manager or his designee is authorized to negotiate, execute and administer a lease agreement for the Property for a term not in excess of ten years. Such lease shall be made at competitive market rates to private parties which have uses compatible with the activities, duties and functions of the District. RESOLUTION NO. 2010 -101 Page 2 4. That the General Manager or his designee is authorized to fill vacancies, evict delinquent or defaulting tenants, and conduct other day -to -day property leasing activities as they might arise, without seeking further authorization or permission from the Board of Directors, so long as the proposed uses of such lessee is consistent with the use considered herein and the lease does not exceed ten years in length. 5. That, notwithstanding the above authorizations and delegation, the General Manager shall present any proposed lease of the Property that exceeds one year in length, or might significantly impact District business or the community, pose a financial or physical risk to the District, or be incompatible with District activities, functions or duties, to the Board of Directors for full consideration, review and approval prior to execution. 6. That the proposed lease and operation of the existing structures and facilities at the Property are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 Cal. Code Regs. § 15301 (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 jurisdiction, then the remaining resolution portions shall be and continue in full force and effect. PASSED AND ADOPTED this 18 day of November, 2010, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Michael McGill, P.E. President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme, CIVIC Secretary of the Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to form: Kenton L. Alm, Esq. Counsel for the District Contra Costa'Topscoal Leased Pr(,,.)perty I EXHIBIT' A LEASE PARGEL Portion of Rancho Las Juntas and portion of the Soutti 1/2 of Section 22, Township 2 North, Range 2 West, Mount Diablo Base and Meridian, described as follows- Beginning at the southeastern corner of the parcel of land. described in the deed to Central Contra Costa Sanitary District, recorded July 17, 1972 in Book 6700 of Official Records of said County at page 28; thence from said point of beginning north 89'40'20" west along the southern, line of said Sanitary District parcel. (6700 O.R. 28), 350.0 feet; thence north 0*1.224" east, parallel with the eastern line of said Sanitary District parce.l. (6700 O.R. 28), 450.0 feet; thence south 89'40'20" east, parallell with the southern line of said Sanitary Distr parcel (6700 O.R. 28), 350.0 feet to a point on the eastern line of said Sariitar� Distri( t parcel (6700 0. R. 28) ; thence south 0'12'24" west a].ong said eastern line 45M feet to the point of 'beginning.