Agenda

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C.95

To:
From:	Jim Kennedy, County Redevelopment Director
Date:	April 21, 2009

Contra

Costa

County

Subject:

Iron Horse Trail License Agreement Amendment with East Bay Regional Park District

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 04/21/2009

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Gayle B. Uilkema, District II Supervisor
Mary N. Piepho, District III Supervisor
Susan A. Bonilla, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:

James Kennedy, 335-7225

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 21, 2009
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

AUTHORIZE the Redevelopment Director, or designee, on behalf of the Contra Costa County Redevelopment Agency (Agency), to negotiate a third amendment to the License Agreement (Amendment) between the Agency and East Bay Regional Park District (EBRPD) allowing the temporary use of Segways and electric bicycles within the Iron Horse Trail (IHT) between Monument Boulevard, Pleasant Hill and Walden Road, Walnut Creek.


APPROVE and AUTHORIZE the Redevelopment Director, or designee, to execute the Amendment upon approval as to form by County Counsel.

FISCAL IMPACT:

There is no impact to the County General Fund.

BACKGROUND:

The Contra Costa Centre Transportation Demand Management (TDM) Program is a Contra Costa County (County) mandated program for the commercial property owners in the Contra Costa Centre Transit Village area. The TDM Program is designed to mitigate the traffic impacts resulting from development in the area and to promote transit-oriented development by emphasizing the use of alternative modes for accessing the area, i.e. carpools, vanpools, BART, bus, walking, and bicycling. The TDM Program, which is administered by the Contra Costa Centre Association (Association) through a contract with the County, through the Department of Conservation and Development’s Redevelopment & Housing Division, has been in operation for more than 20 years and is funded through a special assessment from County Service Area (CSA M-31). The TDM Program has resulted in a 32% reduction in the use of single occupied vehicles among the employees working in the area. In addition, over 50% of the residents of the area use BART or walk to work.

The Association has recently added Segways and electric bicycles to the TDM Program. These battery-powered devices, however, are not currently permitted on the IHT, which is a popular commute route for those in the area utilizing alternative modes of transportation. Electric bicycles and Segways were temporarily permitted on the IHT during the course of a University of California transportation study. No compatibility problems were identified in the course of the study. Furthermore, the Segway and electric bicycle programs proved to be popular with the employees in the area, and the Association added them as permanent features of the TDM Program.

The Association has applied to EBRPD for a new Special Use Permit that would temporarily allow use of Segways and electric bicycles on portions of the IHT. The Segways and electric bicycles would be owned and distributed by the Association. No personally owned devices would be allowed under the permit. EBRPD manages the portions of the IHT located on Agency owned sections of the Iron Horse Corridor (IHC) under the terms of an October 9, 1990 License Agreement (Agreement). This Agreement was executed prior to the availability of Segways and electric bicycles and, therefore, it does not explicitly allow them. Accordingly, before EBRPD can issue a valid Special Use Permit to the Association for the use of Segways and electric bicycles on these sections of the IHT, the Agreement must be amended to authorize such uses. The Association has requested that the Agency and EBRPD negotiate an amendment to the Agreement to explicitly and temporarily allow Segways and electric bicycles on the Agency owned portion of the IHT extending from Monument Boulevard in Pleasant Hill to Walden Road in Walnut Creek, so that the Association can proceed with obtaining a Special Use Permit.

CONSEQUENCE OF NEGATIVE ACTION:

Segways and electric bicycles will not be allowed on this section of the IHT. The TDM Program will not be able to offer Segways or electric bicycles as an alternative to car travel to those who would use this section of the IHT for their commute.