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File #: 25-4422    Version: 1 Name:
Type: Consent Item Status: Agenda Ready
File created: 10/13/2025 In control: BOARD OF SUPERVISORS
On agenda: 10/21/2025 Final action:
Title: Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District, ADOPT Resolution 2025- , declaring up to five acres of the approximately 21-acre unimproved real property owned by the District in Antioch between Laurel Road, Neroly Road, Live Oak Avenue, and State Route 4 and having APN 053-060-028 to be exempt surplus land no longer required for District purposes; and as the governing body of the District and Contra Costa County, APPROVE and AUTHORIZE the execution of an agreement that permits the County to purchase an option from the District for $100, allowing the County to purchase up to five acres of the Property for up to $425,000 per acre for 12 months, with three 6-month extension options, for use in the Health Department’s Behavioral Health Continuum Infrastructure Program, Antioch area. (100% Mental Health Services Act)
Attachments: 1. BHCIP FCD Resolution, 2. Draft Option Agreement
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To:                                          Board of Supervisors

From:                                          Warren Lai, Public Works Director/Chief Engineer

Report Title:                     Option Agreement between the Flood Control and Water Conservation District and the County for the County’s Purchase of Real Property in the Antioch area

Recommendation of the County Administrator Recommendation of Board Committee

 

RECOMMENDATIONS:

Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District (District):

 

ADOPT a resolution, declaring the Subject Property (as defined in the Resolution), which consists of up to five acres of the approximately 21-acre parcel located in Antioch between Laurel Road, Neroly Road, Live Oak Avenue and State Route 4 and having APN 053-060-028 (Property) to be “exempt surplus land,” as defined in Government Code section 5221(f)(1)(D), and no longer required for District purposes, in accordance with Section 31 of the Contra Costa County Flood Control and Water Conservation Act and the Surplus Land Act.

 

AUTHORIZE the Chief Engineer, or designee, to execute an option agreement between the District and the County, permitting the County to purchase from the District, for $100, a 12-month option to purchase the Subject Property at a purchase price of up to $425,000 per acre, with three options to extend the term of the option in 6-month increments for $100 for each extension (Option Agreement), in accordance with Government Code section 25365.

 

DETERMINE that neither the Option Agreement nor the sale of the Subject Property is subject to the California Environmental Quality Act (CEQA), pursuant to Article 5, Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that these activities may have a significant effect on the environment.

 

AUTHORIZE the Chair of the Board of Supervisors to execute a grant deed in a form approved by County Counsel to transfer the Subject Property to the County (Grant Deed), in the event the County exercises its option to purchase the Subject Property.

 

Acting as the governing body of Contra Costa County:

 

AUTHORIZE the Public Works Director, or designee, to execute the Option Agreement; extend the term of the Option Agreement in 6-month increments up to three times; and exercise the option to purchase the Subject Parcel in accordance with the terms of the Option Agreement.

 

DETERMINE that neither the Option Agreement nor the purchase of the Subject Property is subject to the California Environmental Quality Act (CEQA), pursuant to Article 5, Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that these activities may have a significant effect on the environment.

 

AUTHORIZE the Public Works Director, or designee, to accept the Grant Deed by executing a certificate of acceptance.

 

AUTHORIZE the Auditor-Controller to issue a journal entry from County to District account 7566-6D8359 (I) in the amount of $100 as consideration for the Option Agreement, and (II) in the amount of $100 each for up to three extensions of the term of the Option Agreement.

 

DIRECT the Real Property Division of the Public Works Department to cause the Grant Deed and the certificate of acceptance to be recorded in the office of the County Recorder in the event the County exercises the option.

 

FISCAL IMPACT:

If the County exercises its option under the option agreement, the Flood Control District will receive up to $425,000 per acre for the Subject Property and the County will pay up to $425,000 per acre for the Subject Property.

 

BACKGROUND:

Proposed Development

 

The Subject Property has been identified by the County’s Department of Health Services - Behavioral Health, as the potential site of two mental health facilities, a 16-bed mental health rehabilitation center, and a 16-bed adult residential treatment facility, as part of a project being considered by the State Department of Health Care Services and the Behavioral Health Continuum Infrastructure Program (BHCIP). On November 12, 2024, this Board approved the County’s application for up to $100,000,000 of funds from the BHCIP program for the construction of these facilities. If constructed, this project will be known as the Delta Recovery Center.

 

The project will be designed to provide behavioral health resources in a natural, campus-like environment where individuals can have access to an array of locked and unlocked services onsite. The proposed development will provide much-needed in-county resources to individuals in need of behavioral health care.

 

Option Agreement

 

The Option Agreement gives the County “site control,” because it gives the County the right to purchase the up-to-five-acre Subject Property for the term of the option at a price not exceeding $425,000 per acre. The purchase price of the option is $100. The initial term of the option is twelve months. The County will have the right to extend the term of the option in six-month increments up to three times. Each extension will require an additional $100 payment to the District. The Option Agreement prohibits the District from selling or encumbering any portion of the approximately-21-acre Property during the term of the agreement.

 

CEQA

 

If the Subject Property is acquired by the County, any proposed development project and the analysis of the project under CEQA will be the subject of future environmental review and discretionary decisions. At present, the District and the County have insufficient information to meaningfully consider any environmental impacts of a potential project and have, therefore, only considered the impact of the option agreement and the possible conveyance of the Subject Property to the County.

 

Surplus Land Act

 

The Surplus Land Act (SLA) is a statute that local agencies must follow when disposing of surplus land. The SLA requires local agencies disposing of their surplus property to prioritize affordable housing development, open space and school use. As amended by Assembly Bill 1486, which became effective January 1, 2020, the SLA requires local agencies to declare surplus land to be either “exempt surplus land,” or “surplus land,” prior to taking any action to dispose of the land.

 

By adopting the attached Resolution, the Board will be declaring the Subject Property to be “exempt surplus land,” as defined in Government Code section 54221(f)(1)(D), which includes surplus land that a local agency is transferring to another local agency for the receiving agency’s use.

 

CONSEQUENCE OF NEGATIVE ACTION:

If the Option Agreement is not approved, the County will need to gain site control of the Subject Property through another means.