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C. 9

To:	Board of Supervisors
From:	Brian M. Balbas, Public Works Director/Chief Engineer
Date:	April 26, 2022

Contra

Costa

County

Subject:

Approve the Fifth Amendment to the Marsh Creek Recreational Trail License Agreement, Brentwood area.

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 04/26/2022

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:	Jewel Lopez, 925. 957-2485
cc:	Gus Amirzehni, Flood Control

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 26, 2022
Monica Nino, County Administrator

BY:	, Deputy

RECOMMENDATION(S):

Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District, APPROVE and AUTHORIZE the Chief Engineer, or designee, to execute, on behalf of the Flood Control District, the Fifth Amendment to the Marsh Creek Recreational Trail License Agreement with East Bay Regional Park District, effective April 26, 2022, to reflect changes in the trail alignment and permitted uses and allow installation of interpretive signs, Brentwood area. (Project No.: 7562-WO8490).

FISCAL IMPACT:

No fiscal impact.

BACKGROUND:

On November 3, 1992, this Board of Supervisors, on behalf of the Contra Costa County Flood Control and Water Conservation District (“District"), approved a license agreement granting East Bay Regional Park District (EBRPD) a license in District-owned property for EBRPD’s Marsh Creek Recreational Trail (“Trail”). The license agreement authorizes the construction and maintenance of the Trail for pedestrians, equestrians and bicycles along Marsh Creek, extending from its confluence with Dry Creek, to the Sacramento-San Joaquin Delta. The license agreement has been amended four times to add new obligations and revise the trail alignment.

In 2021, the District began its Three Creeks Parkway Restoration Project (“Project”). As part of the Project, a portion of the Trail operated by EBRPD was removed from District-owned property. A parallel trail segment now exists on property owned by the City of Brentwood. The Fifth Amendment to the License Agreement will remove the portion of the Trail no longer located on District-owned property, include new trail segments, and authorize EBRPD to install interpretive signs. The remaining obligations under the License Agreement, as previously amended, remain unchanged.

District staff recommend approving the Fifth Amendment to the License Agreement to ensure the License Agreement accurately describes the Trail located on District property, and allows uses benefitting members of the public who will use the Trail.

CONSEQUENCE OF NEGATIVE ACTION:

EBRPD will not have the necessary rights over the new Trail segments and interpretive signs located on District property, and the License Agreement’s description of the Trail will be incorrect.