Agenda

Return

C. 15

To:	Board of Supervisors
From:	Brian M. Balbas, Public Works Director/Chief Engineer
Date:	July 12, 2022

Contra

Costa

County

Subject:

Approve a License Agreement with Panipat Plaza, LLC, for right of way along Grayson Creek, Pacheco area.

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 07/12/2022

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:

Naila Thrower, 925. 957-2465

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: July 12, 2022
Monica Nino, County Administrator

BY:	, Deputy

RECOMMENDATION(S):

Acting as the governing body of the Contra Costa County Flood Control and Water Conversation District, APPROVE and AUTHORIZE the Chief Engineer, or designee, to execute a license agreement with Panipat Plaza, LLC, with a term commencing September 1, 2021, to allow licensee to use a portion of the District’s Grayson Creek property adjacent to 5844 Pacheco Boulevard for ingress and egress for an initial payment of $4,500, Pacheco area. [County Project No. WO8330, DCD-CP#21-43] (District V).


DETERMINE that the activity 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 Chief Engineer, 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.

FISCAL IMPACT:

There is no impact to the District’s General Fund. This Agreement generates revenue in the amount of the initial payment of $4,500.00, and a 3% increase every other year, which offset District expenses.

BACKGROUND:

In August 2007, the previous owner of 5844 Pacheco Boulevard, APN 125-077-018, entered into an Agreement with the District for use of a portion of the District’s Right of Way, commonly known as Grayson Creek (Licensed Premises) that is directly behind 5844 Pacheco Boulevard (Property). On August 16, 2021, the Property was sold to the Licensee and because the Agreement is not assignable, it was terminated.

The terms of the license agreement have been the subject of negotiations between the County and the Licensee since September 2021. During that time, the property owner and tenants have used the Licensed Premises for deliveries and other activities allowed under the license agreement.

Under the terms and conditions of the Agreement, Licensee is to eliminate all day parking behind the Property and post “No Parking” and “No Trespassing” signs along the north side of the Licensed Premises and use the Licensed Premises for ingress and egress by refuse pick-up trucks and trucks delivering goods and merchandise to Licensee’s tenants. In order to prevent gravel on the Licensed Premises from entering the roadway, Licensee shall pave the area of the street and the area of the Licensed Premises immediately east of the sidewalk with asphalt and extend the concrete driveway.

CONSEQUENCE OF NEGATIVE ACTION:

Licensee will not have the necessary property rights to access and maintain the District’s property and improvements.