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Home My WebLink About2008-09-09 - AGENDA REPORTS - LOST CYN RIVER PARK PROJ (2)Agenda Item: CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR City Manager Approval Item to be presented by: DATE: September 9, 2008 Rick Gould SUBJECT: LOST CANYON RIVER PARK - PROJECT 03004 - APPROVE THE MAINTENANCE AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND THE COUNTY OF LOS ANGELES FOR ROAD AND LANDSCAPE IMPROVEMENTS DEPARTMENT: Parks, Recreation, and Community Services , RECOMMENDED ACTION City Council approve the maintenance agreement for the landscaped area within Los Angeles County right-of-way for the Lost Canyon Trailhead Project, and authorize the City Manager to approve minor changes to the agreement subject to City Attorney approval. BACKGROUND In 1995, the City Council adopted the Santa Clara River Park Project Report that identified the Lost Canyon area of the Santa Clara River as a preferred area for a trailhead improvement. On August 2, 2002, Los Angeles County Board of Supervisors approved the City's application for Regional Park and Open Space Funds (Proposition A). These funds have enabled the City to design the trailhead and plan construction improvements. Staff has been working on design, environmental documentation, permitting, and coordinating with adjacent development for the past several years. The Lost Canyon Trailhead project includes installation of trees, irrigation, and shoulder leveling in Los Angeles County's Right of Way on Lost Canyon Road for approximately 400 linear feet. Construction is expected to begin in early fall and be completed at the end of the maintenance period in early winter. Los Angeles County requires a Maintenance Agreement be accepted by Council prior to issuing a construction permit. The Maintenance Agreement between the City of Santa Clarita and Los Angeles County documents the City's acceptance of responsibility for the subject landscaped area. fd Po ROVED L ALTERNATIVE ACTIONS Other action as determined by City Council. FISCAL IMPACT The performance of this Maintenance Agreement will minimally add to the City's trail maintenance budget. ATTACHMENTS LA County Proposed Maintenance Agreement Vicinity Map MAINTENANCE AGREEMENT THIS MAINTENANCE AGREEMENT, made and entered into by and between the CITY OF SANTA CLARITA, a municipal corporation in the County of Los Angeles (hereinafter referred to as CITY), and the COUNTY OF LOS ANGELES, a political subdivision of the State of California (hereinafter referred to as COUNTY): WITNESSETH WHEREAS, CITY proposes to install landscape and roadway improvements along the west segment of Lost Canyon Road; and WHEREAS, portions of the proposed landscape and roadway improvements along the west segment of Lost Canyon Road are located within the unincorporated COUNTY area; and WHEREAS, the proposed landscape improvements located in the unincorporated COUNTY area consist of trees, shrubs, irrigation, solar and battery powered valves, and future electrical systems as shown on Exhibit A (hereinafter referred to as LANDSCAPE IMPROVEMENTS); and WHEREAS, the proposed roadway improvements located in the unincorporated COUNTY area consists of gravel road shoulders as shown on Exhibit A (hereinafter referred to ROAD IMPROVEMENTS); and WHEREAS, LANDSCAPE IMPROVEMENTS and ROADWAY IMPROVEMENTS together are hereinafter referred to as PROJECT IMPROVEMENTS; and WHEREAS, the term MAINTENANCE OF PROJECT IMPROVEMENTS shall mean scheduled monitoring and inspections, repairing, replacing, and cleaning of PROJECT IMPROVEMENTS, as more fully set forth herein. NOW, THEREFORE, in consideration of the mutual benefits to be derived by CITY and COUNTY and of the promises herein contained, it is hereby agreed as follows: (1) DEFINITIONS a. The term MAINTENANCE OF PROJECT IMPROVEMENTS as referred to in this MAINTENANCE AGREEMENT, shall consist of the following: Maintain water and irrigation systems including utility costs. Irrigation system will be maintained and operated to avoid slope damage, excessive water flooding, or spraying onto the pavement. Page 1 of 5 2. Replace damaged, unhealthy, or dead plantings as they are observed. 3. Keep PROJECT IMPROVEMENTS free of litter, debris, and deleterious material as practical. 4. Control rodents and pests. 5. Control weed growth before weeds exceed 12 inches in length. Any weed control performed by chemical weed sprays (pesticides) shall comply with all laws, rules, and regulations established by the California Department of Food and Agriculture. 6. Maintain plantings in such condition that they do not interfere with the free flow of traffic, including maintenance of adequate sight distances and visibility of signs, signals, and pedestrians. 7. Prune plantings necessary to control extraneous growth. Plantings shall be pruned using the highest professionally accepted standards in a manner that will encourage good development while preserving their healthy structure and natural appearance. 8. Adequately water and fertilize all plantings to maintain a healthy growth. 9. Maintain ROADWAY IMPROVEMENTS in accordance with COUNTY criteria, standards, policies, and guidelines. (2) CITY AGREES: a. To accept control of that portion of COUNTY area encompassed by PROJECT IMPROVEMENTS, and to thereafter operate and provide MAINTENANCE OF PROJECT IMPROVEMENTS at CITY'S sole cost and expense, all work and improvements constructed as part of PROJECT IMPROVEMENTS within the COUNTY area as shown on Exhibit A. b. To fully indemnify, defend and hold COUNTY, its officers, employees and agents harmless from and against any and all liability cost and expense arising from or connected with the work and improvements constructed as part of PROJECT IMPROVEMENTS. C. To fully indemnify, defend, and hold COUNTY, its officers, employees, and agents harmless and against any and all liability, cost, and expense arising from or connected with the MAINTENANCE OF PROJECT IMPROVEMENTS including but not limited to acts or omissions by CITY, its employees, agents, and third parties contracted by the CITY to operate and provide MAINTENANCE OF PROJECT IMPROVEMENTS. d. Where liability or injury as defined by Government Code Section 810.8 is sought to be imposed under Government Code Section 830 et. seq., for a dangerous condition of property owned by or under the control of COUNTY, to fully indemnify, defend, and hold COUNTY harmless from any and all liability arising from such dangerous condition occurring on that portion of COUNTY area encompassed , by PROJECT IMPROVEMENTS. e. Where liability or injury as defined by Government Code Section 810.8 is sought to be imposed under Government Code Section 830 et. seq., for a dangerous condition of property owned by or under the control of COUNTY, to fully indemnify, defend, and hold COUNTY harmless from any and all liability arising from such dangerous condition occurring by reason of any acts or omissions by COUNTY under this MAINTENANCE AGREEMENT and occurring on that portion of COUNTY area encompassed by PROJECT IMPROVEMENTS. To repair or replace COUNTY improvements damaged by PROJECT IMPROVEMENTS, at CITY expense. (3) IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: a. If for any reason MAINTENANCE OF PROJECT IMPROVEMENTS by CITY does not meet minimum standards specified herein, COUNTY shall provide CITY with a written notice of CITY'S failure to perform MAINTENANCE OF PROJECT IMPROVEMENTS at a reasonable level. CITY shall respond within thirty (30) calendar days of receipt of said notice. Said response shall describe the action to be taken by CITY to bring the affected areas back into compliance. In the event CITY does not provide such response and take any action to bring the affected areas back into compliance within ninety (90) calendar days of the original notice, CITY will reimburse COUNTY for all costs incurred by COUNTY forces for all MAINTENANCE OF PROJECT IMPROVEMENTS and/or removal of PROJECT IMPROVEMENTS and paving over or otherwise restore the area to a condition satisfactory to COUNTY. Said demand will consist of a billing invoice prepared by COUNTY. b. CITY may contract with others for MAINTENANCE OF PROJECT IMPROVEMENTS. CITY shall be solely responsible for all activities associated with MAINTENANCE OF PROJECT IMPROVEMENTS, including third parties contracted by CITY. It is understood that the terms and conditions of this MAINTENANCE AGREEMENT, or any interest herein, or any portion hereto, shall not be assigned or delegated to third parties. C. This MAINTENANCE AGREEMENT may be amended or modified in writing only with the consent of COUNTY and CITY. d. Any correspondence, communication, or contact concerning this MAINTENANCE AGREEMENT shall be directed to the following: CITY: Mr. Rick Gould Director of Parks, Recreation, and Community Services City of Santa Clarita 23920 Valencia Boulevard Santa Clarita, CA 91355 COUNTY: Mr. Dean D. Efstathiou Acting Director of Public Works County of Los Angeles Department of Public Works P.O. Box 1460 Alhambra, CA 91802-1460 J e. Neither COUNTY nor any officer or employee of COUNTY shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of CITY, including but not limited to acts or omissions by CITY, employees, agents and third parties contracted by CITY to operate and provide MAINTENANCE OF PROJECT IMPROVEMENTS, and under or in connection with any work, authority, or jurisdiction delegated to or which is the responsibility of CITY under this MAINTENANCE AGREEMENT. It is also understood and agreed that pursuant to Government Code, Section 895.4, CITY shall fully indemnify, defend, and hold COUNTY harmless from any liability imposed for injury (as defined by Government Code, Section 810.8) occurring by reason of any acts or omissions on the part of CITY under or in connection with any work, authority, or jurisdiction delegated to or which is the responsibility of CITY under this MAINTENANCE AGREEMENT. It is understood and agreed that the provisions of Assumption of Liability Agreement No. 59595 between CITY and COUNTY, adopted by the Board of Supervisors on June 21, 1988, and currently in effect are inapplicable to this MAINTENANCE AGREEMENT. g. This MAINTENANCE AGREEMENT shall become effective upon execution by both parties and shall remain in full force unless it is mutually agreed by both parties to terminate this MAINTENANCE AGREEMENT, or upon operation of law. IN WITNESS WHEREOF, the parties hereto have caused this MAINTENANCE AGREEMENT to be executed by their respective officers, duly authorized by the CITY OF SANTA CLARITA on , 2008, and by the COUNTY OF LOS ANGELES on , 2008. COUNTY OF LOS ANGELES ATTEST: By Chair, Board of Supervisors SACHI A. HAMAI Executive Officer of the Board of Supervisors of the County of Los Angeles Deputy APPROVED AS TO FORM: RAYMOND G. FORTNER, JR. County Counsel Deputy CITY OF SANTA CLARITA By Mayor ATTEST: By City Clerk APPROVED AS TO FORM: a City Attorney 0 a a noM�S l, S •a r • O O a p m m o r � < o � MPH?�U Zp� C'og22 -. B 3 m zmmz m g�1i°c9 4 0m� 6) o Fn I9 m�m mag o�� O� ip Mmz fl x mpy_®3 rn ° 0 o 3c m rn �'m m Z3 �o Q� Nab m Wei o �" S `.`.`.Noon iii x ®� r EXHIBIT A g CITY OF SANTA CLARITA LOST CANYON TRAILHEAD LOS ANGELES CQUNTY C[TY OF SANTA CLARITA MAINTENANCEAGREEMENT EXHIBIT 0 To p r �� yTp¢a ��7�� iZ_�Qej 7i�� r 0 a a noM�S l, S •a r • O O a p m m o r � < o � MPH?�U Zp� C'og22 -. B 3 m zmmz m g�1i°c9 4 0m� 6) o Fn I9 m�m mag o�� O� ip Mmz fl x mpy_®3 rn ° 0 o 3c m rn �'m m Z3 �o Q� Nab m Wei o �" S `.`.`.Noon iii x ®� r EXHIBIT A g CITY OF SANTA CLARITA LOST CANYON TRAILHEAD LOS ANGELES CQUNTY C[TY OF SANTA CLARITA MAINTENANCEAGREEMENT EXHIBIT 0 To p