To: Board of Supervisors
From: Warren Lai, Public Works Director/Chief Engineer
Report Title: License Agreement between Contra Costa County Flood Control and Water Conservation District and the City of Brentwood for the operation and maintenance of trails, Brentwood area.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
As the governing body of the Contra Costa County Flood Control and Water Conservation District (“District”), APPROVE a License Agreement (“Agreement”) with the City of Brentwood (“City”) for the purpose of operating and maintaining trails along the Marsh Creek Channel, effective March 17, 2026, and shall remain in effect for 25 years, pursuant to Section 31 of the Contra Costa County Flood Control and Water Conservation District Act. (Project No.: 7521-6D8325)
AUTHORIZE the Chief Engineer, or designee, to execute said Agreement, on behalf of the District.
DETERMINE that the conveyance of the license is in the public interest and will not substantially conflict or interfere with the use of the property by the District.
DETERMINE that this activity is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301.
DIRECT the Real Estate Division of the Public Works Department to cause said License Agreement to be delivered to the City of Brentwood.
FISCAL IMPACT:
100% Flood Control Zone 1 Funds
BACKGROUND:
The District will enter into a 25-year license agreement with the City to access, operate and maintain existing trails and recreational facilities on property that the District owns in fee title. The City has been maintaining and operating the trails and recreational facilities without a formal agreement. The City’s responsibilities in maintaining the Joint Use areas include, but are not limited to, trails, recreational areas and landscaping above the top of the channel banks. This license agreement will grant the City the right to enter onto District property to maintain and operate the existing improvements. The District and the City have agreed to enter into this Agreement for the benefit of the City and its residents.
Conveyance of the License Agreement to the City of Brentwood is exempt from CEQA pursuant to Article 19, Section 15301 of the CEQA Guidelines as the operation and maintenance of existing facilities (trails, recreational areas) is negligible with no expansion of existing use. None of the exceptions in CEQA Guidelines section 15300.2 apply. The City’s facilities and proposed activities are identified in Exhibit B of the License Agreement based on the City of Brentwood Parks, Trails and Recreation Master Plan which was evaluated under CEQA in 2002 (State Clearinghouse 2002042056) and updated February 26, 2019.
CONSEQUENCE OF NEGATIVE ACTION:
The District will continue to have the responsibility of maintaining the areas that the City utilizes as trails and recreational facilities.