Agenda

Return

C. 62

To:	Board of Supervisors
From:	Brian M. Balbas, Public Works Director/Chief Engineer
Date:	April 4, 2023

Contra

Costa

County

Subject:

APPROVE a License Agreement with Kevin & Deneen Vornhagen, Brentwood area.

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 04/04/2023

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

ABSENT:

Ken Carlson, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:

Brandon Mielke, 925-957-2489

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 4, 2023
Monica Nino, County Administrator

BY:	, Deputy

RECOMMENDATION(S):

APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a license agreement with Kevin & Deneen Vornhagen for an initial term commencing April 4, 2023, and ending April 4, 2038, with one possible five-year extension, for payment to the County of $4,650, in connection with a subsurface irrigation line in the County’s Byron Highway right of way adjacent to Assessor’s Parcel No. 011-140-011, pursuant to Government Code section 25526.5


DETERMINE that the activity will not have a significant effect on the environment and is not subject to the California Environmental Quality Act (CEQA) pursuant to Categorical Exemption Article 5, Section 15061 (b)(3) of the CEQA Guidelines.

RECOMMENDATION(S): (CONT'D)

DIRECT the Director of the Department of Conservation and Development (DCD), or designee, to file a Notice of Exemption (NOE) with the County Clerk.

AUTHORIZE the Public Works Director, or designee, to arrange for payment of a $25 fee to DCD for processing the NOE, and a $50 fee to the County Clerk for filing the NOE.

DIRECT the Real Estate Division to cause said License to be delivered to Licensee for execution.

FISCAL IMPACT:

100% applicant fees. (FS 2100215)

BACKGROUND:

Kevin & Deneen Vornhagen do not have sufficient irrigation necessary for water distribution on their property. In 2014, the County issued an Encroachment Permit (Permit) to Sizemore Construction for the purpose of boring and installing a 14-inch irrigation line under Byron Highway of approximately 650 square feet adjacent to Assessor’s Parcel Number: 011-140-011. The Permit required the Licensee to enter into a License Agreement to allow for said use of irrigation line once construction was completed and will not substantially interfere with the use of the roadway.

CONSEQUENCE OF NEGATIVE ACTION:

If this License is not approved, the Vornhagen’s will not be held liable for any damage that may occur to and/or under Byron Highway from said private irrigation line failure.