Agenda

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C. 79

To:	Board of Supervisors
From:	Julia R. Bueren, Public Works
Date:	February 5, 2013

Contra

Costa

County

Subject:

Approve and Authorize Litigation to Quiet Title to the Modular Building Located at 45 John Glenn Drive, in Concord, California.

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 02/05/2013

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

Contact:

Jann Edmunds 925-313-2250

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: February 5, 2013
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

APPROVE and AUTHORIZE County Counsel, or designee, to initiate and prosecute litigation, on behalf of the County, to quiet title to the modular building located at 45 John Glenn Drive, in Concord, California.

FISCAL IMPACT:

All litigation costs will be paid with Sheriff’s Department’s General Fund budget.

BACKGROUND:

Since 1997, the Sheriff’s Department has occupied a modular building (“Modular”) located at 45 John Glen Drive, Concord, California. The Modular is located on County’s Buchanan Airport property that the County leases to Concord Hotel, LLC, the current operator of the Crowne Plaza Hotel. The Sheriff’s Department uses the Modular for simulator training.

BACKGROUND: (CONT'D)

The Modular requires substantial repairs in order to remain suitable for occupancy and use by the Sheriff’s Department. The California Department of Housing and Community Development’s records indicate that the registered owner of the Modular is “Sheraton Concord Hotel.” That name is a fictitious business name of a prior lessee and operator of the hotel, WB Concord, LLC, which is no longer in business. Public Works Department staff has contacted the successors of WB Concord, LLC, and other prior lessees and operators of the hotel, and none of them claim ownership of, or responsibility for maintaining, the Modular. The current operator of the hotel, Concord Hotel, LLC, also denies responsibility for maintaining the Modular, and does not claim ownership of the Modular.

The Sheriff’s Department desires to continue using the Modular for simulator-training purposes. The Sheriff’s Department will make necessary repairs to the Modular if the County obtains clear title to the Modular. The Sheriff’s Department staff and Public Works Department staff recommend that the Board of Supervisors authorize County Counsel, or her designee, to initiate and prosecute, on behalf of the County, a quiet title action to obtain clear title to the Modular in the name of the County.

CONSEQUENCE OF NEGATIVE ACTION:

The Sheriff’s Department would incur substantial costs to vacate the Modular, and to identify and lease another location for simulator training. The Department also would need to interrupt simulator-training operations during the relocation, which would have negative public safety impacts.

CHILDREN'S IMPACT STATEMENT:

Not applicable.