HomeMy WebLinkAboutMINUTES - 07212015 - C.14RECOMMENDATION(S):
APPROVE and AUTHORIZE the Director of Airports to terminate a month-to-month license agreement dated
January 1, 2015, between the County and the Pilot Training Club (dba, The Hangar Fitness Compound and The
Hangar/CrossFit OverWatch) (Tenant) for real property located at 101 John Glenn Drive, Concord. AUTHORIZE
County Counsel to pursue legal action to regain possession of the real property if Tenant fails to vacate the premises
within the time allowed.
FISCAL IMPACT:
There is no negative impact on the General Fund. The Airport Enterprise Fund will cover the cost of any legal action.
BACKGROUND:
In September 2012, the Airport entered into a license agreement for hangar and office space at Buchanan Field
Airport with a non-profit, non-commercial, organization known as The Pilot Training Club (the Club), which was
organized by then-licensee Sterling Aviation. The license agreement permitted the Club, which was limited to twenty
members, to provide enhanced pilot training and education, to operate a ground school, to store aviation equipment
and to provide fitness
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 07/21/2015 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
Contact: Beth Lee, (925)
681-4200
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 21, 2015
David Twa, County Administrator and Clerk of the Board of Supervisors
By: , Deputy
cc:
C. 14
To:Board of Supervisors
From:Keith Freitas, Airports Director
Date:July 21, 2015
Contra
Costa
County
Subject:AUTHORIZE termination of a license agreement for real property located at Buchanan Field Airport; AUTHORIZE
legal action to regain possession
BACKGROUND: (CONT'D)
and nutrition training and education under a program designed to be consistent with the FAA’s “Fly Healthy” fitness
program.
In October 2014, the underlying master lease terminated by its terms and control of the hangar reverted to the
County. To minimize the impact on tenants of the transfer of control of the hangar, the Airport entered into
month-to-month license agreements with the existing occupants of the hangar. When the Club asked for permission to
expand its business, the Airport contacted the FAA to ensure that the Club’s expanded commercial use of the hangar
and office space at the airport would be consistent with the FAA’s view of the aeronautical purposes for which the
airport is intended. In November 2014, the FAA responded by saying that it did not consider the Club’s use of the
subject property to be an aeronautical activity. The FAA advised that the proposed non-aeronautical use would be
permissible only as a short-term occupancy, and only as long as no aeronautical user expressed interest in occupying
the space. As a result, Airports staff sent a letter to the Club in November 2014 that allowed the Club to remain at the
subject site through February 2015.
Under the license agreement, the County may terminate the license “at any time, for any reason, or for no reason,
with or without cause, on thirty (30) days written notice.” To ensure compliance with FAA requirements and meet the
needs of the aviation community, Airport staff is requesting authority to terminate the Club’s occupancy of the
subject property and to pursue legal action to regain possession of the real property if the tenant fails to vacate the
premises within the time allowed.
CONSEQUENCE OF NEGATIVE ACTION:
Failure to terminate current tenant’s occupancy could result in noncompliance with FAA requirements and diminish
the hangar space available to the County’s aviation community.
CHILDREN'S IMPACT STATEMENT:
Not Applicable
CLERK'S ADDENDUM
A settlement has been reached: this item is REMOVED from consideration.