To: The Contra Costa County Flood Control and Water Conservation District Board of Supervisors
From: Warren Lai, Public Works Director/Chief Engineer
Report Title: License Agreement with Conterra Ultra Broadband, LLC at Wildcat Creek, Richmond area.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
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 the behalf of the District, a License Agreement with Conterra Ultra Broadband, LLC, for the use and maintenance of a 144-count fiber optic cable over a 5-foot wide and 196-foot-long area located at Wildcat Creek between 6th Street and Verde Elementary School in North Richmond.
DETERMINE that the activity is not subject to the California Environmental Quality Act (CEQA), pursuant to Article 5, Section 15061(b)(3) of the CEQA Guidelines as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment.
FISCAL IMPACT:
Flood control will receive revenue of $1,000 per year.
BACKGROUND:
Wildcat Creek was constructed by the U.S. Army Corps of Engineers and is a flood control channel that provides flood protection to the surrounding communities. The Contra Costa County Flood Control and Water Conservation District (District), previously held a license agreement with Conterra Ultra Broadband LLC from November 2019 to October 2024. The license agreement granted licensee access to maintain and operate a 144-count fiber optic cable, on a portion of county owned property at Wildcat Creek between 6th Street and Verde Elementary School in North Richmond. The licensee would like to enter into a new license agreement with the District for a 5-year period with 5 automatic one-year extensions beginning June 1, 2025, and ending May 31, 2030. Licensee shall ensure that the cable remains in good order with no sagging into the creek; the lowest point of sag allowed is 18 feet from the ground. The annual fee is $1,000.
Public Works Real Property staff have determined that granting the license will not substantially conflict or interfere with the County’s use of Wildcat Creek for maintenance and other purposes. Public Works Environmental staff have determined that renewal of the license for operation and maintenance of the cables from a bucket truck will not have a significant effect on the environment. A separate license agreement amendment is required for any modifications or construction, other than routine maintenance from a bucket truck. Licensee is responsible for obtaining any permits or approvals from any agency having jurisdiction.
CONSEQUENCE OF NEGATIVE ACTION:
Without approval from the Board of Supervisors, the District cannot issue a license agreement to Conterra Ultra Broadband, LLC.