HomeMy WebLinkAboutContracts & Agreements_186-2024FAA `�t�i# T►�iT�i l
Memorandum of Understanding referencing Planning and Funding of Santa Ana Wash
Wildland Trails by and between the City of Highland, the City of Redlands, and the San
Bernardino Valley Water Conservation District
Memorandum of Understanding Regarding Planning and Funding of Santa Ana Wash
Wildland Trails
by and between the City of Iighland, the City of Redlands, and the
San Bernardino Valley Water Conservation District
RECITALS
This "MEMORANDUM OF UNDERSTANDING REGARDING PLANNING AND FUNDING
OF THE SANTA ANA WASH WILDLANDS TRAILS" ("MOU") is entered into this 151 day of
October 2024, by and between the CITY OF HIGHLAND, ("Highland"), the CITY OF
REDLANDS, ("Redlands"), and the SAN BERNARDINO VALLEY WATER CONSERVATION
DISTRICT, ("District'). Highland and Redlands are sometimes referred to collectively hereunder as
"Cities" and Highland, Redlands and District are referred to collectively as "the Parties.". This MOU
is entered into in consideration of the following:
RECITALS:
WHEREAS, Cities are both municipal corporations, and general law cities in the State of
California. As such, Cities have the statutory authority to set aside, improve, operate, and maintain
property for public recreational purposes, including trails. This authority draws from, inter alia,
Government code section 66477, and common law municipal powers.
WHEREAS, District is a California Water Conservation District duly formed and existing under
Water Code sections 74000 et seq. District has as its primary purpose the capture, spread, and
recharge of water, both native and imported, over groundwater recharge facilities it owns, operates,
and leases, and the stewardship of lands for compatible water supply and quality, mineral
production, and the preservation of sensitive habitats.
WHEREAS, District owns substantial holdings of land within the Santa Ana River Wash. The
4,500-acre Santa Ana River Wash provides a large, unique open space area supporting both natural
habitat and recreational opportunities to residents of the rapidly urbanizing East Valley. The
District has initiated, and is now implementing, the Upper Santa Ana River Wash Habitat
Conservation Plan ("Wash Plan") to allow development, expansion, and maintenance of facilities
for both municipal and commercial entities within the Wash, including those of the District and
Cities, while providing protected habitat for multiple Federal and State protected species that are
found within the Wash. District has obtained an Incidental Take Permit for the Wash Plan, which
includes as one of the covered activities the establishment of trails.
WHEREAS, The Trust for Public Lands ("TFPL") recommends that parks, trails, and other outdoor
recreational amenities be sited to maximize the number of community members living ten minutes
or less away, by foot. With currently available trails, TFPL shows that 26% of Highland residents
are within a ten-minute walk while 51 % of Redlands residents are within a 10-minute walk.
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WHEREAS, the Parties, in collaboration with each other, formulated the Wash Plan Trails Master
Plan (November 2016) (which was approved by the City of Highland Community Trails
Committee) ("Trails Plan") to combine the Cities' legal authority to establish trails, with the
District's land and conservation area management authority and existing permits, in order to
expand public recreational trails as part of the long-term land uses for the Santa Ana River Wash.
The Trails Plan is incorporated into, and was reviewed with the same EIR/EIS, as the Wash Plan.
The Trails Plan describes a paved and unpaved trail system for pedestrians, street cyclists,
mountain bikers and equestrian users within and adjacent to the Wash Plan Preserve located north
of the Santa Ana River, within the jurisdictional boundaries of the Cities.
WHEREAS, implementation of the Trails Master Plan would substantially expand and improve
the scope and range of recreational opportunities available in the Wash Plan area, and extend to
all residents of the region the economic, educational, health, heritage, transportation, community
involvement, and quality of life benefits that such trail systems can provide. Specifically, the Trails
Master Plan proposes an interconnected system of 23.1 miles of trails, including Class 1, l- B, 2
and 4 segments, to the existing trail networks in Highlands and Redlands. A map of
such proposed trails from the Trails Plan is attached as Exhibit "A." These trails would provide
legal access for pedestrians, street cyclists, mountain bikers and equestrian users within and
adjacent to the Wash Plan Preserve. Approximately 2.5 miles of trails are already built and legally
accessible via public rights of way (e.g. bike lanes on paved roadways), 7 miles of trails would be
opened along existing, unpaved access roads, and an additional 13 miles of paved trails would be
developed by Highland, Redlands, San Bernardino County Transportation Authority, or other
entities within existing or future public rights of way.
WHEREAS, some funding for the realization of the Trails Plan is already in place, and some is
the subject of existing funding commitments, that have come from issuance of conditional use
permits for mining activities under the Wash Plan, or from conditions of approval from other
discretionary permits previously issued by the Cities, or others. However, such funding is not
currently expected to be sufficient to cover all expected right of way, construction, and
maintenance and operation costs of the trails network, as envisioned in the Trails Plan.
WHEREAS, the Parties therefore now wish to collaborate on the final design, implementation,
funding, and operation and maintenance of that portion of the trails system proposed in the Trails
Plan located upon property owned by the District, or owned by the BLM but over which the District
has rights including trail establishment and maintenance. These trails include Borrow Pit South,
Cone Camp Road, Old Rail Line, Pole Line, and Weaver, as identified in the Trails Plan ("MOU
Trails"). Such MOU Trails consist of 7.3 miles of trails, and are depicted on Exhibit "B." The
Parties therefore enter this MOLT to define their respective roles and responsibilities, and assure
the cooperative development of a regional recreational resource for trails activity in the Santa Ana
River Wash area.
NOW, THEREFORE, in consideration of all the foregoing, it is agreed among the Parties
as follows:
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1. Recitals.
The recitals set forth above are true and correct and incorporated herein.
2. Term.
This MOU shall have a term of twenty (20) years from the date on which the last party executes
this MOU, unless earlier terminated as set forth herein. This MOU may be extended by the Parties
for up to two (2) subsequent five (5) year periods, pursuant to written amendment signed by all
parties. Any party may terminate its participation in this MOU by providing the other Parties with
one hundred eighty (180) days' written notice, provided, however, that termination of this MOU
shall not terminate any trail funding or operating agreements the Parties, or any of them, may have
entered into as of the date this MOU itself is terminated, and any such agreements shall be governed
by their own termination provisions, if any. To clarify, a party's termination of the MOU shall
terminate that party's funding agreement set forth in this MOU, but shall not automatically
terminate any separately executed trail funding or operating agreements that the party entered into.
3. Trails Master Plan Implementation.
3.1 Role of the Parties in Trails Plan Implementation. and Trails Establishment,
The Parties intend to proceed immediately with implementation of the MOU Trails
portion of the Trails Plan. This will require the establishment of trails by the
respective Cities within their own jurisdictional boundaries, in part on property that
will be made available for such purposes by the District. Cities shall be solely
responsible for planning, permitting, construction, and implementation of the trail
segments located on existing public right of way, with the exception of permits
associated with Wash Plan Covered Activities, which are being pursued by the
District on behalf of the Wash Plan Task Force. For MOU Trails, District will (1)
contribute land and appropriate public access rights, (2) provide the permitting from
any third -party agency not a party to this Agreement required for the establishment
and operation of MOU Trails, (3) assist with funding for the establishment of MOU
Trails, and (4) assist in MOU Trails operations and maintenance oversight. District
will develop, update, and make available to Cities a GIS-based trail mapping
system, with appropriate parcel information, so Cities can integrate such MOU
Trails mapping with their own property and parcel map information, and so Cities
can assess any third -party rights of way, or additional permitting, that may be
needed for trails or MOU Trails implementation.
3.2 Funding. Two thirds of the implementation costs for the MOU Trails
will be provided by the Cities, and one third will come from the District. The Parties
will, as needed, provide additional design of the trails and any appurtenances or
attendant improvements, and shall update cost estimates as may be appropriate for
the costs fisted in the Trails Plan for the contemplated trails
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facilities, from which the Parties will establish a budget and work plan for the MOU
Trails implementation. Unless the Cities obtain grant funds or endowments to fund
the MOU Trails, the Cities' contribution will be solely funded from those payments
and deposits the Cities required be paid by holders of conditional use permits for
mining activities, which funds were made a condition of approval for the put -pose
of development, implementation, and maintenance of trails or other public
recreational activities. For the City of Highland, this was done by way of
Conditional Use Permit CUP-007-004 (Robertson's Ready Mix) and CUP-007-005
(Cemex). The Cities shall provide an accounting of all such funds, and the District
will identify funding it has available to contribute to establishment of MOU Trails
and appropriate MOU Trails appurtenances and improvements. The Parties may
consider potential pooling of such funds into a single account for ease of
coordination and administration of the MOU Trails.
3.3 CEOA and Other Environmental Review. The Parties understand and expect
that the MOU Trails contemplated by the Trails Plan have been environmentally
reviewed and approved in connection with the Incidental Take Permit obtained by
the Wash Plan, and apart from certification that no additional environmental review
is required under 14 CCR section 15162, and do not anticipate that additional
environmental review will be necessary for MOU Trails implementation. To the
extent that additional review or permitting may become necessary, however, the
District shall undertake lead agency responsibilities for any such additional CEQA
or other environmental review for MOU Trails, unless one of the Cities requests to
do so, based upon the location of the MOU Trail within their respective
jurisdictions. To the extent such additional environmental processing is undertaken
by the District, the Cities shall each reimburse the District for one third of such costs,
either through direct invoicing, or as Issuance Costs under the Wash Plan MOU in
connection with the development of the MOU Trails as a Covered Activity under
the Wash Plan, provided that Highland's MOU Trials costs shall not exceed the
funds it collects from Cemex and Robertson's Ready Mix pursuant to the conditional
use permits referenced above. For any required future permits, the Patties presently
contemplate that District will be the lead agency in connection with preparing,
presenting, and procuring of such permits to completion, but agree that they will
prospectively determine, on a case -by -case basis, which party is most appropriate
for any given specific MOU Trails implementing project, based on its scope, timing,
and staffing and budgetary matters. To the extent either of the Cities is the
permitting authority for such permits, the applicable municipality shall be the
applicant, and shall not charge District application, hearing, or process fees in
connection with pursuit or issuance of the permit.
4. Individual Trails Project Approval Procedures.
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Prior to construction of any of the MOU Trails included in the Trails Plan, to the extent any such
construction is required, and to the extent not already approved by the Cities' approval of the Trails
Plan, all MOU Trail and appurtenant facilities must be approved by Redlands or Highland,
depending upon whose jurisdictional boundaries the proposed project lies within. Forprojects that
lie within both, the approval of both Cites shall be required. Such approvals shall be presented to
the City Council of each of the respective Cities for consideration as a City -initiated application,
and District shall not be responsible for payment of any application fees, hearing costs, or other
costs ordinarily incidental to whatever form such approval usually takes under the procedures of
the applicable municipality.
5. Trail Operation and Maintenance Responsibilities.
For those Trails Plan trails located within existing streets or other dedicated public rights of way
(e.g., the Alabama Street Trail, Greenspot Road Trail, and Boulder Avenue/Orange Street Trail)
the municipality having jurisdiction over the portion of the public right of way in which the trail is
situated shall assume all costs and responsibility for trail operation, monitoring, oversight, signage,
and maintenance. Such activity will be performed by the municipality in conjunction with its other
street or public right of way responsibilities, with such eligible funding as the Cities may have to
devote to such purposes, including potentially grants or endowment funds. For the MOU Trails,
the Cities hereby contract with District as their agent for trail operation, monitoring, oversight,
signage, and maintenance, and District shall assume responsibility therefor. The District shall pay
for one thud of the annual cost of MOU Trail maintenance activities, provided that the remaining
two thirds is paid to the District by Robertson's Ready Mix and CEMEX under the terms of their
existing Conditional Use Permits for reining, or paid by the Cities from deposits previously made
by such parties. The District shall prepare in annual budget in accordance with the Wash Plan
Wildland Trails Masterplan for review by all Parties, and such budget shall be invoiced by the
District to the Mining entities unless any party objects or requests modification. Such changes may
be moderated by the Oversight Committee (as defined in Section 6). The District will beresponsible
for patrol and monitoring of all MOU Trails located on District -owned or operated lands, and will
establish a procedure to coordinate enforcement activity on trails with the public safety or
police/fire services of the Cities, to ensure safety, and to enforce applicable laws and ordinances
on District -owned and operated lands.
6. Trails Oversight Committee.
Each of the Parties shall appoint one staff member representative to a Trails Oversight Committee.
The Trails Oversight Committee shall coordinate, promulgate rules and regulations fortrails usage,
and shall review the proposed annual budget for trails maintenance and operation if an objection
is raised. It shall also address operational issues or coordination among the Parties. The Oversight
Committee will coordinate on efforts needed to establish new trail facilities, make
recommendations for public outreach or educational opportunities in connection with trails,
promote trail use and safety, seek additional grant or other funding for trail maintenance and
operation, consistent with the Trails Plan. The Trails Oversight Committee shall meet at least
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annually, and the notices for such meetings, calendaring, preparation of agenda topics, and meeting
venue shall be provided by the District. The Trails Oversight Committee shall have decision -
malting authority for trails maintenance and operational issues, and may make recommendations
to the legislative bodies of any or all parties, and shall serve as a discussion forum among the Parties
for trails establishment, management and use. Notwithstanding the foregoing, the final decision-
maldng authority as to how each party funds its share of costs, shall rest with the governing body
of that party. The Trails Oversight Committee shall not commit any party to expend any additional
funds than what is set forth in this MOU.
7. Expansion of Trails Amenities.
The Parties intend that the Trails Plan serve as a foundational network for recreational trails in the
Wash Plan area. The Parties shall jointly, and over time, pursue a strategy for exploring expansion
of trail amenities supporting the Trails Plan trail network to include trailhead, parldng and other
amenities, provided that no such amenity shall harm or threaten the Wash Plan Preserve, or the
Wash Plan Conservation Strategy, under the Wash Plan HCP and its implementing permits and
agreements. The Parties, through the Trails Oversight Committee will explore partnership
opportunities for trails with other public and private agencies, assess the supporting facilities
necessary or convenient to support the active and safe use of all regional trails, and generate cost
estimates and feasibility analyses for project to expand the scope, geographic extent, and level of
use of trails. The Committee shall also assess the funding sources available for, or able to be
committed to, implementation of such new trails or other facilities, and formulate plans for
pursuing such grant or other funding that may be available for such uses.
8. Indemnification.
Each party shall, at is sole cost and expense, defend, hold harmless, and indemnify the others and
their elected officials, officers, agents, employees, volunteers, successors, assigns and those agents
serving as independent contractors in the role of public officials (collectively "Indemnitees"), from
and against any and all claims, demands, damages, costs, expenses, or liability, causes of action,
proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including
fees of accountants, attorneys, or other professionals and all costs associated therewith and the
payment of all foreseeable consequential damages (collectively "Liabilities) in law or equity,
whether actual, alleged or threatened, which are determined to arise out of, pertain to, or relate to
the acts or omissions of indemnifying party, its officers, agents, servants, employees,
subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any
entity or individual that indemnifying party shall bear the legal liability thereof) in the performance
of this Agreement. hndemnifying party shall defend the Indemnitees in any action or actions filed
in connection with any Liabilities with counsel approved by the Indeirmitee, and shall pay,
proportionate to the indemnifying party's liability, all costs and expenses, including all attorneys'
fees and experts' costs actually incurred in connection with such defense. The indemnifying party
shall reimburse the Indemnitees for such proportionate share of any and all legal expenses and costs
incurred by hndemnitees in connection therewith.
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9. No Implied Covenants.
The Parties acknowledge and agree that except as specifically agreed in this MOU, no implied
covenants attach to this MOU. Nothing set forth herein shall be deemed to bind any party's
legislative body to approve any specific trail facility or implementing agreement. Each party retains
the sole discretion to authorize the use of its own funding or other resources in connection with the
planning, construction, and maintenance and operation of public recreational trails.
10. Assignment.
This MOU may not be assigned by any party without the written consent of the other Parties.
11. Jurisdiction.
This MOU shall be governed by the laws of the State of California. If a court of competent
jurisdiction declares any portion of this MOU invalid, illegal, or otherwise unenforceable, the
remaining provisions shall continue in full force and effect, to the extent possible consistent with
the finding of invalidity. Any dispute or action to enforce any obligation under this MOU shall be
filed and resolved in a Superior Court in San Bernardino County, California. In the event of
litigation arising from this MOU, each party to the MOU shall bear its own costs, including
attorneys' fees.
12. Signatures.
This MOU may be signed in counterparts, each of which shall constitute an original, and such
counterparts shall together constitute one and the same agreement. The Parties shall be entitled to
sign and transmit an electronic signature of this MOU (whether by facsimile, PDF or other email
transmission), which signature shall be binding on the party whose name is contained therein. Each
party providing an electronic signature agrees to promptly execute and deliver to the other party an
original signed MOU upon request.
13. Amendments; Entire Agreement.
Any amendment to this MOU shall be set forth in a writing signed by all Parties. This MOU
contains the entire agreement of the Parties with respect to the subject matter hereof, and
supersedes all other prior negotiations, understandings or contracts.
IN WITNESS WHEREOF, the Parties have caused this MOU to be executed by their duly authorized
officers or representatives as of the day and year first written above.
[SIGNATURES ON NEXT PAGE]
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CITY OF HIGHLAND ("HIGHLAND")
By:
Mayor
APPROVED AS TO LEGAL FORM:
By:
City Attorney
CITY OF
ERLANDS ("REDLANDS ")
By:
Mayor
APPROVED AS TO LEGAL FORM:
By:
City Attorney
SAN BERNARDINO VALLEY WATER
CONSERVATION DISTRICT ("DISTRICT")
By:
President, Board of Directors
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APPROVED AS TO LEGAL FORM:
General Counsel
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15125770.3 01 04122 9 of 9
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November 30.2021 i„