Agenda

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C. 5

To:	Board of Supervisors
From:	Brian M. Balbas, Public Works Director/Chief Engineer
Date:	April 28, 2020

Contra

Costa

County

Subject:

APPROVE the License Agreement with the City of Oakley, on behalf of the Flood Control and Water Conservation District, Oakley.

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 04/28/2020

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
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:

Olivia Reynolds-Freeman, 925. 957-2462

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 28, 2020
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District (District), APPROVE and AUTHORIZE the Chief Engineer, or designee, to execute, on behalf of the District, a license agreement granting the City of Oakley a license to use District property along Marsh Creek for recreational purposes, effective January 14, 2020 for term of twenty five (25) years, as recommended by the Chief Engineer, Oakley area.

DETERMINE that the conveyance of this license to the City of Oakley is in the public interest and will not substantially conflict or interfere with the District's use of the property for District purposes.

FISCAL IMPACT:

No fiscal impact.

BACKGROUND:

The District and the City of Oakley (City) are entering into a License Agreement for Joint Use Areas, for maintenance of City improvements at three locations along Marsh Creek. City improvements include, the pedestrian bridge and staging area north of Cypress Road, the pedestrian bridge at Marsh Creek Glenn Park (approximately 2,000 feet north of Delta Road) and the pedestrian bridge, trail, and the section of the Flood Control District drainage channel along the Creekside Community Park from Laurel Road to approximately 1,000 feet south of Laurel Road. Previously, the District had agreed to allow improvements to be constructed in the District right of way. The City will maintain these City improvements constructed across District property covered by this License Agreement. The City improvements are outlined in Exhibit “A” that is attached to the License Agreement.

District staff have determined that the City's use of District property under the terms of the license will not substantially conflict or interfere with the District's use of the property for District purposes.

CONSEQUENCE OF NEGATIVE ACTION:

The City will no longer be able to maintain City-installed facilities along Marsh Creek, or to use District property along Marsh Creek for recreation purposes.