Agenda

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C.100

To:	Board of Supervisors
From:	Brian M. Balbas, Public Works Director/Chief Engineer
Date:	December 13, 2022

Contra

Costa

County

Subject:

APPROVE the conveyance of County parcel to the City of Antioch through a Grant Deed and take related actions under CEQA.

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 12/13/2022

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

ABSENT:

John Gioia, District I Supervisor

Contact:

Mark apHugh, 925-957-2452

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: December 13, 2022
Monica Nino, County Administrator

BY:	, Deputy

RECOMMENDATION(S):

APPROVE and AUTHORIZE the conveyance of a County parcel consisting of approximately 4.79 acres of vacant property, identified as Assessor's Parcel Number No. 074-080-034, to the City of Antioch (City) through a Grant Deed, pursuant to Government Code Section 25365, Antioch area. [County Project No. 4500-80A855; TG0855, DCD-CP# 22-31] (District V)


DETERMINE that it can be seen with certainty that there is no possibility that the activity will have a significant effect on the environment and is not subject to the California Environmental Quality Act (CEQA), pursuant to Article 5, Section 15061(b)(3) of the CEQA Guidelines, and

RECOMMENDATION(S): (CONT'D)

DIRECT the Director of the Department of Conservation and Development, or designee, to file a Notice of Exemption with the County Clerk, and

AUTHORIZE the Public Works Director, or designee, to arrange for payment of a $25 fee to the Department of Conservation and Development for processing, and a $50 fee to the County Clerk for filing the Notice of Exemption.

AUTHORIZE the Chair, Board of Supervisors, to execute a Grant Deed.

DETERMINE that the property rights being conveyed to the City are not and will not be needed for County purposes.

DIRECT the Real Estate Division of the Public Works Department to have delivered a certified copy of this Board Order with the Grant Deed to the City for acceptance and recording in the Office of the County Clerk-Recorder.

FISCAL IMPACT:

The County will no longer be responsible for expenses associated with ownership of the property.

BACKGROUND:

On March 24, 2020, the County purchased a 4.79-acre vacant parcel located along the southerly side of Delta Fair Boulevard, identified as Assessor’s Parcel Number 074-080-034 (Property), from the City of Antioch for the sum of $1.00. The Property was purchased for future development of a facility for the County’s Health, Housing and Homeless Services Division (H3), for use as a navigation and assessment center, emergency shelter, transitional housing and/or permanent support for homeless individuals (the “Approved Use”).

The grant deed conveying the Property to the County contains two specific deed restrictions, one of which is the right by the City to reenter and take possession of the Property if the County fails “to commence construction of the facility for the Approved Use within two years after recording of the grant deed.” Due to various circumstances, including the COVID-19 pandemic, the County was unable to break ground on the project in the two-year timeframe. As a result, the City has indicated it is prepared to exercise its right to retake possession of the Property. Rather than require the City to go through the process of enforcing its power of termination, staff recommends conveying the property back to the City. The County is no longer prepared to use the property for any County purposes and enforcing the deed restriction and power of termination would be unnecessarily burdensome for the City.

Both parties have determined that a grant deed is the most appropriate method to revest all the County’s right, title and interest in the Property back to the City.

The Notice of Intention to convey and assign property rights to the City was published in the Contra Costa Times at least one week prior to this Board meeting, as required by Government Code Section 6061.

CONSEQUENCE OF NEGATIVE ACTION:

The County would continue to hold title to property that would be subject to a power of termination by the City.