Agenda

Return

C. 9

To:	Board of Supervisors
From:	Greg Baer, Director of Airports
Date:	August 1, 2023

Contra

Costa

County

Subject:

Property Improvements Maintenance Agreement with the City of Concord

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 08/01/2023

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Ken Carlson, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:

Greg Baer, 925-681-4200

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: August 1, 2023
Monica Nino, County Administrator

BY:	, Deputy

RECOMMENDATION(S):

APPROVE and AUTHORIZE the Director of Airports, or designee, to execute an Agreement for Maintenance of Property Improvements (Property Maintenance Agreement) with the City of Concord for the development of a self-storage facility located at 4900 Marsh Drive, Assessor’s Parcel Number 125-210-012, subject to approval by the County Administrator and subject to approval as to form by County Counsel.

AUTHORIZE the recordation of the executed Property Maintenance Agreement against Assessor’s Parcel Number 125-210-012.

FISCAL IMPACT:

There is no negative impact on the General Fund or the Airport Enterprise Fund. The Property Maintenance Agreement places all of the property improvements maintenance obligations on the County’s lessee/site developer (Buchanan Field Self Storage, LP) for the entirety of the lease term.

BACKGROUND:

On December 6, 2016, the Board adopted Resolution No. 2016/651, authorizing the County Administrator to execute a Memorandum of Understanding (MOU) with the City of Concord for property owned by the County (Airport), located at 4900 Marsh Drive (Property).

Because a portion of the property is located within unincorporated Contra Costa County, and a portion is located within the city limits of the City of Concord, a MOU was needed to memorialize, (i) how property and sales tax would be allocated between the two entities, and (ii) which entity would be responsible for processing development applications. Under the terms of the MOU, the City is responsible for processing development applications, and is the Lead Agency under the California Environmental Quality Act (CEQA) for any proposed developments.

After the completion of a competitive solicitation process for the ability to develop the property, the Board authorized staff in June of 2018 to negotiate a ground lease, along with development terms with the highest ranked respondent.

On October 6, 2021, the City of Concord approved Resolution No. 21-10PC for the construction of a self-storage facility on the Property, subject to 122 Conditions of Approval (Conditions). Additionally, Resolution No. 21-10PC, determined that the proposed project is categorically exempt pursuant to CEQA Guidelines section 15332 (In-Fill Development Projects). The City’s Conditions include a requirement to enter into the City’s Property Maintenance Agreement to ensure on-going repair, replacement and maintenance of all exterior improvements including buildings, parking areas, private roads, walkways, landscaping, irrigation, signs, fences, walls, and other improvements, prior to the issuance of grading or building permits.

On February 1, 2022, the Board authorized a 50-year ground lease with Buchanan Field Self Storage, LP (Lessee) for the lease and development of a self-storage facility at the Property. As required by the City’s Conditions, the exterior property maintenance obligations are identified within a Property Maintenance Agreement, executed by the property owner, and recorded on the property. Even though the property is owned by the County, the requirement to maintain the exterior property improvements is an obligation of the Lessee as identified within the lease and the Property Maintenance Agreement. However, to ensure long-term compliance if the lessee changes and/or the property reverts back to the County at the end of the 50-year lease term, the County needs to be a party to the Property Maintenance Agreement that will be recorded against the Property.

CONSEQUENCE OF NEGATIVE ACTION:

Failure to execute the Property Maintenance Agreement would result in the City of Concord declining to provide a building permit for the self-storage project.