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CITY COUNCIL AGENDA ITEM NO. 5

Meeting Date: September 14, 2004

Subject/Title: Approve Amendment to License Agreement with East Bay Regional Park District to Operate Marsh Creek Trail

Prepared by: Ken De Silva, Park Services Manager

Submitted by: Craig D. Bronzan, Director of Parks and Recreation

RECOMMENDATION
Approve attached East Bay Regional Park District Amendment for the License Agreement to Operate Marsh Creek Regional Trail.

PREVIOUS ACTION
Approval of Original License Agreement with East Bay Regional Park District, and the City of Brentwood, dated February 6, 2001.

BACKGROUND
The Marsh Creek Regional Trail, in easternmost Contra Costa County, winds along Marsh Creek through farmland and urban areas of Brentwood and Oakley. The paved, multi-use trail is approximately 6.5 miles long and extends from Creekside Park in Brentwood to the Delta shores of Big Break. When completed, the trail will be 14 miles long and will connect the Delta region with the foothills of Morgan Territory Regional Preserve and Round Valley Regional Park east of Mt. Diablo State Park. Trail users can benefit from several community parks and greenbelts along the way.

Currently, East Bay Regional Park District manages the trail from Creekside Park north to Oakley. The District did not maintain the section from Creekside Park to just south of Dainty until February 2001 because the trail was put in by a developer and was not to EBRPD standards. Staff worked with EBRPD representatives, making minor repairs and improvements, so that EBRPD would consider taking over maintenance of the entire trail. With the February 2001 agreement, East Bay Regional Park District began maintenance of all aspects of the Creek trail within our City limits.

With the construction of the new section of Sand Creek Road, and O’Hara Ave, over Marsh Creek, the trail section changed and was considerably different than the original trail. A portion of it is now on City property instead of Contra Costa Flood Control property as was the original trail. This new Amendment corrects this information as was spelled out in the first Agreement.

The City of Brentwood will continue to have access on any section of the trail; however, the District, and the City of Brentwood, will assume aspects of maintenance, repair and reconstruction, of the areas identified in section ”C” of the Amendment.

Marsh Creek Trail has been identified in the City of Brentwood’s Park and Trail master plan as the north to south trail under EBRPD maintenance that will ultimately connect to Los Vaqueros and Round Valley regional parks.
East Bay Regional Park District wishes to bring this matter to their Board for approval. Staff felt the Park and Recreation Commissioner should review the Addendum before the District proceeded with its approval.

On August 26, 2004, the Park and Recreation Commission approved sending a recommendation to City Council to approve the amendment. Once approved by the City, the agreement will be sent to the East Bay Regional Park District Board for their approval.

FISCAL IMPACT
Reduced Parks Division maintenance cost of this section of the Marsh Creek Trail.

ATTACHMENTS
Amendment to License Marsh Creek Regional Trail (July 6, 2004)
Original License agreement executed on February 6, 2001

Thoman\wp\City Council 2004\September\EBRPD Amendment to License Agreement - 091404

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