To: Board of Supervisors
From: Warren Lai, Public Works Director/Chief Engineer
Report Title: Approve License Agreement Between Contra Costa County and West County Wastewater District, San Pablo Area.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a License Agreement with West County Wastewater District (WCWD), to allow WCWD to use a portion of County-owned Montarabay Community Center and Ballfield Complex property at 2250 Tara Hills Drive, Assessor’s Parcel Number 403-020-012, for staging and operating a temporary wastewater collection tank and related vehicles and equipment during the period from November 12, 2024, through December 31, 2025, for payment to the County of $49,990, pursuant to Government Code section 25526.6. Project Number WO5035.
DETERMINE that this conveyance is in the public interest and that the License will not substantially conflict or interfere with the use of the property by the County.
DETERMINE that it can be seen with certainty that that there is no possibility that this activity will have a significant effect on the environment, and, therefore, is not subject to the California Environmental Quality Act (CEQA) pursuant Section 15061(b)(3) of the CEQA Guidelines; and
DIRECT the Conservation and Development Director, or designee, to file a CEQA Notice of Exemption (NOE) with the County Clerk.
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 NOE (CP#22-36).
DIRECT the Real Estate Division to cause the fully executed License Agreement to be delivered to Licensee.
FISCAL IMPACT:
100% Licensee funds. Licensee will pay County $49,990 for use of parcel.
BACKGROUND:
WCWD needs to conduct essential repairs and assessments to its critical sewer infrastructure near the County-owned Montarabay Community Center and Ballfield Complex, located at 2250 Tara Hills Drive, San Pablo, identified as Assessor’s Parcel Number 403-020-012. In order to complete the repair work safely and efficiently, WCWD has requested use of a portion of the County’s property, which is adjacent to WCWD’s property and pumpstation, to stage and operate a temporary wastewater storage tank and related vehicles and equipment during the repair from November 12, 2024, until December 31, 2025. WCWD will pay the County $49,990 for the use of the property during this period and for County administrative costs related to this transaction, including CEQA environmental review and filing costs.
WCWD reviewed the project under CEQA and prepared a CEQA Notice of Exemption, finding the project to be exempt under CEQA Guidelines sections 15301 and 15304. The Public Works Department staff have reviewed the portions of the Project under County’s authority, which is limited to the granting of the License. County staff recommend that the Board determine that it can be seen with certainty that there is no possibility that this activity (the granting of a license) will have a significant effect on the environment, and, therefore, is not subject to CEQA pursuant to Section 15061 (b)(3) of the CEQA Guidelines.
The property is used for recreation purposes. The granting of this License will not substantially conflict or interfere with the use of the rest of the property for recreation purposes.
The license requires the County to indemnify WCWD from liabilities related to the condition of the property, except for conditions caused by WCWD. The License requires WCWD to indemnify the County from liabilities that arise from WCWD’s activities under the license.
CONSEQUENCE OF NEGATIVE ACTION:
If License is not approved, WCWD will not be able to conduct its pipeline repair work.