Meeting Date: August 02, 2016
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AGENDA ITEM: Resolution Authorizing the Interim City Manager to Enter Into an Agreement with Jim Brisco Enterprises for Lease of Approximately One Acre of Land at the Domestic Wastewater Treatment Plant Site.
MEETING DATE: August 2, 2016
PREPARED BY: Odi Ortiz, Interim City Manager
REVIEWED BY: Odi Ortiz, Interim City Manager
Adopt Resolution No. 2016-_, authorizing the Interim City Manager to enter into an agreement with Jim Brisco Enterprises for lease of approximately one acre of land at the Domestic Wastewater Treatment Plant site for a term of five years commencing on the date of approval of the lease agreement.
Jim Brisco Enterprises first entered into a temporary agreement with the City in 2010 for lease of approximately 15,400 square feet (one acre of land) for their rock crushing use. Six months into the lease they installed a temporary cement batch plant next to their crusher. The temporary batch plant consists of a trailer with a cement silo on it, a water truck, a port-a-potty and three cement mixers. In addition, Jim Briscoe Enterprises placed approximately 220 feet of slats in the existing fence at their cost. A condition of the lease agreement was that tenant was to maintain and keep all areas of the leased land in operational condition.
Following the expiration of the temporary lease agreement, and with the approval of City Management, tenant made arrangements to rent the property on a month to month basis.
Rent for the site is $1,200 per month for 60 months. The monies will be deposited into the City’s Domestic Wastewater Treatment Plant Enterprise Fund.
1. Resolution No. 2016-
2. Land Lease Agreement
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AUTHORIZING THE INTERIM CITY MANAGER TO ENTER INTO A LEASE AGREEMENT WITH JIM BRISCO ENTERPRISES
WHEREAS, Jim Brisco Enterprises, Inc. has submitted a request to lease approximately 15,400 square feet of property at the Domestic Wastewater Treatment Plant for a temporary cement batch plant; and
WHEREAS, this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA Guidelines Section 15304 e, Minor Alterations to Land). Class 4 consists of minor public or private alterations in the condition of land, water and/or vegetation which do not involve removal of healthy mature scenic trees except for forestry and agricultural purposes; and
WHEREAS, Staff has reviewed the site with reference to the 1999 General Plan, 2025 General Plan Update, Livingston Design Guide and the Municipal Code.
NOW, THEREFORE, BE IT RESOLVED, that the City Council approves Resolution 2016-_, authorizing the Interim City Manager to enter into a five-year lease with Jim Brisco Enterprises based on the following:
1. The Project is consistent with its General Plan land use designation of Urban Reserve in that the temporary batch plant use has no permanent structures that would require an amendment to the General Plan to develop, no demonstration of a need for development is required, and this temporary development will not adversely affect the development feasibility of lands currently planned and zoned for urban uses.
2. The Project is located in a Merced County Agricultural zoning district and is similar in nature and operation to other uses in that zone and compatible with surrounding uses in the area. The temporary project is adjacent to and directly to the south of the existing Domestic Wastewater Treatment Plant. There are agricultural uses to the east, south and west of the site with few residential units.
3. The Project is a temporary use of the property and will not permanently change the physical attributes of the property. There are no permanent structures with this project.
4. That the Project, subject to conditions, meets all City requirements, standards, and specifications including design, parking, landscaping, fencing, and signage.
Passed and adopted this 2nd day of August, 2016, by the following vote:
Rodrigo Espinoza, Mayor of the City of Livingston
I, hereby certify that the foregoing Resolution was regularly introduced, passed, and adopted at a regular meeting of the City Council of the City of Livingston, this 2nd day of August, 2016.