SR - AGR-6322 - RECREATIONAL TRAIL MAINTENANCE* ..c * AGENDA ITEM
March 8, 2016
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TO: Honorable Mayor and
Members of the City Council
THRU: Rick Otto
City ana r
FROM: Marie Knigh
Community Se ice Di ecto
ReviewedNerified B
City Manager
Finance Director
To Be Presented By: Joe
DeFrancesco
Cons Calendar
City Mgr Rpts
Council Reports
_
_ Legal Affairs
Boards /Cmtes
Noticed Hrgs
Admin Reports
_
Plan/Environ
1. SUBJECT
Maintenance Agreement for Recreational Trails between the City of Orange and the Orange Park
Association, Inc.
2. SUMMARY
There are a number of public access multi - purpose equestrian/recreation trails throughout the
Orange Park Acres community. The City and the Orange Park Association have had an
agreement in place since October of 1981, whereby the Association agreed to assume the
maintenance responsibility for those trails with dedicated and accepted public trail easements.
This new agreement removes some trails from the original agreement that were never in fact
dedicated and/or accepted for public access, and adds two new trails on the property of the
Catholic Diocese of Orange that the Association has agreed to maintain. This agreement
replaces the original agreement No. 0678.
13. RECOMMENDED ACTION
Approve the agreement regarding the maintenance of public access multi - purpose
equestrian/recreational trails between the City of Orange and the Orange Park Association,
Inc., and allow the City Manager to approve any future amendments to this agreement as
additional trail easements may be added for maintenance.
14. FISCAL IMPACT
There will be minimal financial impact to the City as the trails will be maintained by Orange
Park Association.
15. STRATEGIC PLAN GOAL(S)
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3d. Enhance and promote quality of life in the community — Maintain and improve multi -modal
transportation throughout the City.
4b. Provide outstanding public service — Provide facilities and services to meet customer
expectations.
6. GENERAL PLAN IMPLEMENTATION
Land Use Goal 1.0 Meet the present and future needs of all residential and business sectors with
a diverse and balanced mix of land uses.
Policy 1.7: Provide a range of open space and park amenities to meet the diverse needs of
current and new residents.
7. DISCUSSION and BACKGROUND
Background
In 1981 the City entered into an agreement with the Orange Park Association, Inc. (OPA) for the
maintenance of certain public trails that were dedicated and accepted by the City. During this
time the City was in the process of working on a Master Plan of Trails and the maintenance of
existing trails was one area that needed to be addressed. Through this agreement OPA agreed to
maintain existing dedicated public equestrian trails within their boundaries. This agreement did
not include any private trails, or any regional trails that would fall under the responsibility of the
County of Orange.
Discussion
'The 1981 agreement has remained in -tact and has not changed over time. However, OPA has
asked the City to accept two new equestrian trail easements that are currently located on property
owned by the Catholic Diocese of Orange. OPA has agreed to maintain these two new trails and
they need to be added to the 1981 agreement.
In 2007 the Catholic Diocese of Orange proposed on -site improvements to Holy
Sepulcher Cemetery including dedication of two existing recreational trails, and two
proposed trails. These on -site improvements were proposed in phases, with the trail
enhancements to be constructed in Phase 2 of the plan. Although the Diocese is not ready to
begin Phase 2 of their improvement plan, they have offered to move forward with the dedication
of the trail easements and the future construction of one new trail along Santiago Canyon Road.
The Roman Catholic Diocese of Orange has agreed to allow two existing recreational trails on
their property for the public to use. The first trail, Coyote Watch Trail, will connect Amapola
Avenue to an existing recreational trail. The Coyote Watch Trail is approximately 480' long. The
second trail, Rattlesnake Spur Trail, will connect the west side of Santiago Canyon Road to an
existing recreational trail. The Rattlesnake Spur Trail is approximately 250' long.
A separate agreement regarding recreational trails between the City of Orange and The Roman
Catholic Bishop of Orange will be considered in a companion agenda item at this City Council
meeting. That agreement dictates that both trail easements will be for an initial term of 30 years,
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followed with 5 year renewal term options. Maintenance of the trails will be by Orange Park
.Association (OPA) under this proposed agreement. Construction of the trail segments adjacent to
Santiago Canyon Road will take place at a later date, and once completed, this maintenance
agreement will be amended to include those related easements.
While the two trails on the Diocese property have been added to this maintenance agreement,
there are several trails that were originally on the 1981 agreement which have been removed
since there had been either no dedication or acceptance of the trail easement. Staff recommends
the City Council approve the Maintenance Agreement for Recreational Trails between the City
of Orange and the Orange Park Association, Inc. and authorize the City Manager to execute
future amendments to this agreement if additional trails are to be added in the future.
8. ATTACHMENTS
• Exhibit A — Maintenance Agreement for Recreational Trails between the City of Orange
and the Orange Park Association, Inc.
• Location Map and trail description
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Exhibit B
The following trails identified on the map on page 2 of this exhibit have been dedicated to and
accepted by the City of Orange and will be maintained by the Orange Park Association under
this agreement. The purpose of the map is to provide the general vicinity of the trails, however
the Tract Map for each tail will be what is used to indicate the trail boundaries:
Trail Number
Associated Tract Map No.
1
9926
2
9386
3
8827, 8799
4
9094, 8973, 8972
5
8802 (easements for Coyote Watch,
Rattlesnake Spur)
6
7560
7
8149
8
13833
9
6960, 7928
10
9330,14061
11
9982
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CITY OF ORANGE EQUESTRIAN TRAILS
MAINTAINED BY ORANGE PARK ASSOCIATION
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CITY OF ORANGE EQUESTRIAN TRAILS
MAINTAINED BY ORANGE PARK ASSOCIATION
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ACYREEMENT
This Agreement is entered into this le day of MSC (r� GO lg by and
between the CITY OF ORANGE, a municipal corporation, (hereinafter referred to as "City ")
and ORANGE PARK ASSOCIA'T'ION. INC., a California non -profit corporation,
hereinafter referred to as " Association and replaces in its entirety the October 16, 1981
agreement between the parties.
WITNESSETH:
WHEREAS, City possesses certain easements granted for or dedicated to the public for
recreational trails purposes; and
WHEREAS, the Association's membership is composed of persons to whom hiking and
horseback riding are significant recreational activities; and
WHEREAS, the Association is willing to assume a limited responsibility for maintaining
said trails for the benefit of all persons who share interests in said activities.
NOW, THEREFORE, IT IS AGREED between City and Association as follows:
1. City possesses easements over certain real properties granted for or dedicated to
recreational trail uses. Some of these easements are not maintained by the underlying
landowner, adjacent homeowners associations, or the City and these easements are the subject of
this Agreement. Recreational trails which are privately owned or which are the maintenance
responsibility of others are not included in this Agreement. A map showing the subject trails
that are to be maintained pursuant to this agreement is attached hereto as Exhibit "A" and is
incorporated herein and made a part hereof The subject trails are hereinafter referred to as the
"Trailway ".
2. Association shall maintain the Trailway in a manner which will allow safe use by
persons who are hiking or riding on horseback and who are exercising reasonable care. For the
purpose of this agreement, trail maintenance includes restoration, removal of debris, replacement
of structures, and control of vegetation. This level of maintenance shall include, but is not
limited to the following:
Tread Maintenance Trail treads should be level, hard packed, free of loose stones,
rock points, stumps, protrusions of any kind, trash and roots. Trail tread should be
free of weeds and other plant materials. Dips and ruts should be leveled, and out
sloping maintained so that water does not collect on the trail. Trees and landscape
within the Trailway easement should be trimmed and maintained so that they do not
interfere with trail users.
Drainage Maintenance Proper drainage protects the trail from erosion damage.
Trails should be routinely inspected to ensure that all culverts, dips, and drainage
ditches adjacent to the trails are free of debris and ready to function properly at all
times especially during the rainy season.
Structure /Barrier and Si_gnage Repair and/or Replacement All fencing, barriers,
bridges, signage etc., should be inspected to ensure they are in safe and operable
condition and repaired or replaced as needed to ensure the safety of the Trailway
users.
Closures Closure of the Trailway due to inclement weather or safety concerns
should be immediately communicated to the City as well as posted on the
Association's website.
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The intention is to maintain the Trailway within a rural setting consistent with the
reasonable use of such rural trails. Association shall perform the services stated in this Section 2
at its own expense.
3. Association shall conduct an inspection of the Trailway as reasonably necessary
and no less than on a quarterly basis, to determine if the Trailway is in a reasonably safe
condition. If not and remedial action is the responsibility of Association, Association shall take
action as soon as reasonably possible to eliminate the unsafe condition. If Association
determines the existence of an unsafe condition and remedial action would be beyond the scope
of services of Association as set forth in Section 2 herein, or Association is not able to
immediately address the issue, Association shall immediately communicate the problem to City.
City shall investigate the reported unsafe condition and take appropriate action as soon as
reasonably possible. City may close that portion of the Trailway until a safe condition can be
restored. City shall make reasonable efforts to restore the affected portion of the Trailway to a
safe condition as soon as possible. Among the factors which City will consider in determining
what action, if any, will be taken to restore the affected portion of the Trailway to a safe
condition are the nature and extent of damage, the type of repair needed and the cost of such
repair. Matters concerning the repairs, including whether repairs will be made at all, shall be at
the sole discretion of City. In the event that the affected portion of the Trailway is in an unsafe
condition and City determines not to make repairs sufficient to restore the affected portion of the
Trailway to a safe condition, Association, may, with the approval of the City, at its own sole
expense, make said repairs and restore the affected portion of the Trailway to a safe condition.
4. The Director of Community Services shall be City's representative for matters
relating to this Agreement. The then - current President of the Board of Directors of Association
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shall be Association's representative for matters relating to this Agreement. When a
representative or representative's address is changed, written notice shall be given to the other
party. The addresses for notice at the time this agreement is signed are:
City
Association
City of Orange
Orange Park Association
300 E. Chapman Ave.
P.O. Box 2293
Orange, Ca. 92866
Orange, Ca. 92859
5. Association shall, at least once each year while this Agreement is in effect, make
a brief presentation before the City Council. The presentation shall include a review of the
activities of Association pursuant to this Agreement and recommendations for the improvement
of the Trailway for greater safety and user benefit.
6. Association is an independent contractor and may not incur any obligation of
liability against CITY by contract, tort or otherwise. Association shall pay and discharge all
obligations, liabilities, costs and expenses incurred by Association in the performance hereof and
shall assume the defense and indemnity of and hold harmless the City, its officers and
employees from all claims, loss, damages, injuries or liability directly or indirectly arising from
any errors, omissions or negligence in Association's performance of this Agreement.
7. City shall indemnify and hold harmless, and shall assume the defense of
Association, its officers and members from all claims, loss, damages, injuries or liability directly
or indirectly arising from any errors, omissions or negligence in City's performance of this
Agreement.
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8. Association agrees to obtain and maintain in full force during the term of this
Agreement a policy of comprehensive public liability insurance for any liability arising out of
Association's activities, facilities or vehicles. Such insurance shall have combined limits of not
less than $2,000,000.00. City shall be named as an additional insured and said insurance shall
be primary insurance not contributing to other insurance held by City. The policy shall provide
that City shall be given thirty (30) days written notice prior to cancellation or modification.
9. Association shall not discriminate in the hiring of persons to perform any services
under this Agreement on the basis of race, color, religion, sex, age, national origin, or ancestry.
10. This Agreement may be terminated by either party without cause upon ninety
(90) days written notice to the other party.
11. In the event Association should cease to exist or for any reason cease to perform
its duties under this Agreement, parties understand and agree that City may exercise all rights to
avoid liability to City, including the closing of the Trailway or any portion thereof. Except for
situations of immediate danger, City shall not close said Trailway without a reasonable
opportunity for concerned persons to be heard on the matter. Further, parties understand and
agree that despite the cessation of Association as an entity or as a functioning party under this
Agreement, City does not thereby assume any additional obligations under this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date first above written.
CITY OF ORANGE, a municipal corporation:
By:
T - e're,Ja E. Smith
-
Mayor of the City of Orange
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APPROVED AS TO FORM:
Wav Winners
City Attorney
A7ESi:
Plary E. Mu y, City Clerk
ORANGE PARK ASSOCIATION, INC., a
California non - profit corporation .
Bv: 'v r
Title:
By:
Title:
732890.1
CITY COUNCIL MINUTES MARCH 8, 2016
3. CONSENT CALENDAR (Continued)
MOTION
— Murphy
SECOND
— Alvarez
AYES
— Alvarez, Whitaker, Smith, Murphy, Nichols
Councilmember Whitaker recorded an abstention on Items 3.6, 3.7, and 3.14. Mayor Smith
recorded an abstention on Item 3.7. Mayor pro tem Murphy recorded an abstention on
Item 3.10. Councilmember Alvarez recorded an abstention on Item 3.14. Speaker cards
were submitted for Item 3.7; therefore it was removed from the Consent Calendar and heard
separately. Item 3.22 was removed from the Consent Calendar and continued to a date
uncertain. All other items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR SMITH
Mayor Smith invited the community to the State of the City Address on March 24, 2016,
at 11:30 a.m. at Chapman University.
5. REPORTS FROM COUNCILMEMBERS
Councilmember Alvarez congratulated Andrea Yamasaki on her election to the Orange
Unified School District Board.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS — None
7. ADMINISTRATIVE REPORTS
7.1 Maintenance Agreement for Recreational Trails between the City of Orange and the
Orange Park Association, Inc. (A2100.0 Agr -6322)
Public Speakers
Tom Davidson and Laura Thomas spoke in support of the project.
MOTION — Murphy
SECOND — Whitaker
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to approve the agreement regarding the maintenance of public access multi - purpose
equestrian/recreational trails between the City of Orange and the Orange Park
Association, Inc., and allow the City Manager to approve any future amendments to
this agreement as additional trail easements may be added for maintenance.
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