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SR - AGR-6322 - RECREATIONAL TRAIL MAINTENANCE* ..c * AGENDA ITEM March 8, 2016 6- 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) ITEM 3/8/16 Printed on Recycled Paper 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, ITEM 3/8/16 Printed on Recycled Paper 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 ITEM 3/8/16 Printed on Recycled Paper 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 ITEM 3/8/16 Printed on Recycled Paper r 0 SERRAK 8 10 7,0r,G C ANYON CL 3 AVE' 2 L L arw z �%LT CITY OF ORANGE EQUESTRIAN TRAILS MAINTAINED BY ORANGE PARK ASSOCIATION ITEM 3/8/16 OPrinted on Recycled Paper 7 6 U A O r 8 10 7,0r,G C ANYON CL 3 AVE' 2 L L arw z �%LT CITY OF ORANGE EQUESTRIAN TRAILS MAINTAINED BY ORANGE PARK ASSOCIATION ITEM 3/8/16 OPrinted on Recycled Paper A !� - tp,3;R 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. 2 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 3 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. 4 14 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 5 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. PAGE 10