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C.62

To:	Board of Supervisors
From:	Julia R. Bueren, Public Works Director/Chief Engineer
Date:	November 3, 2009

Contra

Costa

County

Subject:

Sixth Amendment to License between County and East Bay Regional Park District, Alamo and San Ramon areas. Project No. 7758-6X5184

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 11/03/2009

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:

Michele Trecek, 925-313-2010

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: November 3, 2009
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

APPROVE and AUTHORIZE the Public Works Director, or designee, to execute the Sixth Amendment to License between Contra Costa County (County) and East Bay Regional Park District (EBRPD) adding two (2) staging areas in Alamo and requiring EBRPD to be responsible for vegetation management in a wetland area in San Ramon.

FISCAL IMPACT:

There is no impact to the County General Fund.

BACKGROUND:

On October 14, 1986, the County and EBRPD entered into a License entitled LICENSE-SAN RAMON VALLEY TRAIL, covering the construction, use, and maintenance of a public trail, better known as the Iron Horse Trail (IHT), for the passage of pedestrians, equestrians and bicycles and other non-motorized vehicles only, together with the necessary appurtenances thereto, located on a portion of that land referred to in the original License as the “former Southern Pacific Right of Way” and currently referred to by the County as the Iron Horse Corridor (IHC) between Stone Valley Road and Linda Mesa Avenue in the Alamo-Danville area of Contra Costa County.

BACKGROUND: (CONT'D)

The original License has subsequently been amended five times. At their April 21, 2009 Board Meeting, the Contra Costa County Board of Supervisors authorized the Public Works Director, or designee, to negotiate a sixth amendment allowing the temporary use of Segways and electric bicycles on a designated section of the IHT, and to execute such an amendment upon approval as to form by County Counsel, but that amendment was never negotiated.

The primary purpose of this Sixth Amendment is to add two (2) additional areas to the property subject to the License for use as staging areas by the users of the Trail, and to restate EBRPD’s responsibility for vegetation management in a wetland area in San Ramon. In addition, the second amendment dated September 18, 2000, requires EBRPD after a three (3) year installation and establishment period to be responsible for the vegetation management in the wetland area between Norris Canyon Road and Bollinger Canyon Road in San Ramon. The wetland area is now installed and established, and the Sixth Amendment requires EBRPD to maintain it.

In 2005, two (2) staging areas were constructed in the IHC (one (1) at Rudgear Road and one (1) at Stone Valley Road) in Alamo to serve the users of the IHT. This Sixth Amendment adds these two staging areas to the License. EBRPD will maintain these areas and pay the water bill generated by the East Bay Municipal Utility District for the water fountains.

CONSEQUENCE OF NEGATIVE ACTION:

Users of the IHT will not have use of two staging areas in Alamo.

The County will have to maintain the wetland area between Norris Canyon Road and Bollinger Canyon Road in San Ramon.