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C. 25

To:	Board of Supervisors
From:	Brian M. Balbas, Public Works Director/Chief Engineer
Date:	January 17, 2023

Contra

Costa

County

Subject:

License agreement extension for the Ygnacio Valley Overcrossing Bridge with City of Walnut Creek, Walnut Creek area.

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 01/17/2023

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Ken Carlson, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:

Mark apHugh, 925.957.2452

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: January 17, 2023
Monica Nino, County Administrator

BY:	, Deputy

RECOMMENDATION(S):

APPROVE and AUTHORIZE the Public Works Director, or designee, to execute an amendment to a license agreement with the City of Walnut Creek to allow the City to continue using a portion of the Iron Horse Trail through March 31, 2047, for the City’s pedestrian and bicycle overcrossing above Ygnacio Valley Road, near Civic Drive, Walnut Creek, pursuant to Government Code section 25526.6 (0678-6G5573).

DETERMINE that the extension of the term of the license by 25 years, through March 31, 2047, is in the public interest, and that the license will not substantially conflict or interfere with the use of the property by the County.

FISCAL IMPACT:

No fiscal impact. No fees or charges involved.

BACKGROUND:

In 1997, the County granted a license to the City of Walnut Creek (City) to allow the City to construct, operate and maintain a pedestrian and bicycle bridge over Ygnacio Valley Road near Civic Drive. Ygnacio Valley Road is a major arterial road which bisects the Iron Horse Trail. The purpose of the bridge is to provide a safe connection to the trail for pedestrians and bicyclists. The term of the agreement was for 25 years with an option by mutual consent to extend the license by an additional 25 years. The license agreement expired March 31, 2022, and since the expiration both parties have been working to extend the term. In accordance with the original agreement, the license agreement extension involves no fees or charges.

The City has continued to use the licensed premises while the parties have been negotiating the amendment terms. The amendment will extend the term of the license agreement through March 31, 2047. This term extension is the only extension provided for under the original license agreement. Staff recommends that the Board approve the extension to ensure the public has uninterrupted use of the overcrossing structure.

CONSEQUENCE OF NEGATIVE ACTION:

If this extension is not approved, the bridge would become the property of the County and the County would be responsible for the liability and all maintenance costs that are currently the responsibility of the City.