Agenda

Return

C. 11

To:	Board of Supervisors
From:	Keith Freitas, Airports Director
Date:	April 24, 2018

Contra

Costa

County

Subject:

CCCAirports-Authorization to Negotiate Ground Lease and Development Terms for Approx 36 Acres of County-Owned Land at Byron Airport (District III)

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 04/24/2018

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
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:

Beth Lee, (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: April 24, 2018
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

AUTHORIZE the Director of Airports, or designee, to negotiate a long-term ground lease and development terms between the County, as Landlord, and MS Commercial, Inc., as the developer, for approximately 36 acres of land on the northwest side of the Byron Airport.

FISCAL IMPACT:

There is no negative impact on the General Fund. The Airport Enterprise Fund could realize lease and other revenues. The County General Fund could realize sales tax and other revenues if a lease is successfully negotiated.

BACKGROUND:

The development site is approximately 36 acres of land owned by the County and located on the northwest side of Byron Airport. The parcel is designated for non-aviation use on the Byron Airport Master Plan.

On January 19, 2018, the Contra Costa County Public Works – Airports Division received a letter of interest from a private party to develop a commercial use on the approximately 36-acre parcel.

In accordance with prior discussions with the Federal Aviation Administration’s (FAA) Airports District Office (ADO) regarding development at Buchanan Field or Byron Airport, the County notified existing commercial tenants at Buchanan Field and Byron to solicit other competitive interest in the property. The January 23, 2018, development solicitation letter provided a response deadline of April 2, 2018, for all competitive interests in the approximately 36-acre parcel to be submitted to the County Airport Office. The County did not receive any additional letters of interest to develop this property.

Consistent with the master developer selection process that was approved by the Board of Supervisors on May 23, 2006, projects without a competitive interest are to proceed with the traditional environmental review and lease development processes. The commercial development project will be presented to the Aviation Advisory Committee, the Airport Committee, and any other party as deemed relevant to enhance community relations and collaborative relationships.

Development of this 36-acre vacant parcel for business park use would expand economic development activity at the Byron Airport and lead to increased revenues to the Airport Enterprise Fund. This development will also facilitate the growth and development as identified in the adopted Byron Airport Master Plan.

A business proposal must be consistent with the Airport Master Plan and General Plan for consideration. While the proposed use is consistent with the adopted Byron Airport Master Plan, it is not currently consistent with the General Plan. The Department of Conservation and Development is in process of amending the General Plan for the Byron Airport to allow for the broader range of uses that are identified in the adopted Byron Airport Master Plan, including this proposed business use. The General Plan Amendment is anticipated to be complete by February 2019. The Board of Supervisors could consider approval of a commercial use lease at the Byron Airport upon completion of the General Plan Amendment.

Unless and until a final lease agreement is fully executed by all parties, this Board Order, any draft lease agreement, other communications or conduct of the parties shall have absolutely no legal effect, may not be used to impose any legally binding obligation on the County and may not be used as evidence of any oral or implied agreement between the parties or as evidence of the terms and conditions of any implied agreement.

CONSEQUENCE OF NEGATIVE ACTION:

Delay in initiating the developer selection process will result in a delay of developing vacant land at Byron Airport and may negatively impact the Airport Enterprise Fund and County General Fund.