AMENDMENT NO. 1 TO THE CITY BIKEWAYS AND TRAILS ON COUNTY-OWNED PROPERTY AGREEMENT WITH THE COUNTY OF ORANGE

None. 

On October 3, 2017, a master bikeways and trails agreement with the Orange County Flood Control District (County) was approved by City Council. The purpose of the agreement was for future potential use of County-owned property as recreational trails by the community.

Through the Bikeways and Trails Agreement, the County allows local agencies to construct and maintain recreational trails for the public's use. An opportunity exists to create a new recreational trail along the Atwood Flood Control Channel to link the Veterans Village project (the "Project") to Parque de Los Ninos. This access, which is designed to link recreational facilities to the Project, increased the Project's competitiveness in grant applications and will create a new recreational trail for the public. This proposed agreement does not obligate the City to construct any trails and simply outlines how these paths are to be constructed, managed and maintained should the City elect to do so in the future.

Staff is currently working on finalizing the construction documents for the grant funded Atwood Multipurpose Trail project which will utilize this agreement. While going through the federal funding allocation process, the Caltrans Right-of-Way Division requested an additional document to ensure the County has no intention of revoking the City's access to the County's right-of-way for the lifespan of the improvement without reasonable cause. This was a concern on their part to secure their federal funding investment. After multiple rounds of review, both Caltrans and the County are satisfied with the terms of this amendment. Approval of this amendment will ensure staff will be able to proceed with the construction funding allocation process and deliver this project successfully.

It is recommended that the City Council:

1. Approve Amendment No. 1 to the Bikeways and Trails Agreement between Orange County Flood Control District and the City of Placentia (Agreement #MA-080-18010066); and
2. Authorize the Acting City Administrator and/or her designee to execute the necessary documents, in a form approved by the City Attorney.

This item directly supports Strategic Goal No. 3, to maintain and enhance streets, parks, and public facilities to ensure they are well-appointed, clean, attractive, and reflective of the City’s commitment to quality.

The County maintains a Master Plan of Regional Riding and Hiking Trails and Bikeway Plan on County-owned flood control property. These recreational trails are typically built on maintenance service roads found along flood control channels. Staff reached out to the County to discuss the potential for creating a recreation trail linking the Veterans Village project (the "Project") site to Parque de Los Ninos along the Atwood Flood Control Channel service road. As City Council is aware, Mercy Housing was the developer of the Project.

The County provided a letter of support to Mercy Housing for its use in grant applications approving the use of its property as a recreational trail in concept, subject to the City and County entering into a formal agreement for such a use. The executed Bikeways and Trails Agreement ("Agreement") (Attachment 1) presented an opportunity for the City to further expand recreational uses onto additional County-owned properties throughout the City, creating a potential network of open space and linkages for the community. The executed Agreement covered four (4) County-owned flood control facilities located within the City of Placentia (Attachment 2 - Exhibit A) and are located on maintenance service roads along flood control channels. Two of these facilities pass through the City of Anaheim who is also proposing to create recreational trails on these same facilities that could be interconnected with future recreational trails proposed by Placentia to create a larger regional trail network.

The executed Agreement did not obligate the City to construct any recreation or trail improvements. The Agreement outlined the requirements of how any proposed improvements would be constructed, maintained and managed. It also places limitations on what kinds of uses may occur on County property and that any improvements must be coordinated with planned County capital improvement projects so as to avoid any conflicts. The initial term of the agreement is for 10 years and will be automatically renewed on an annual basis, unless terminated in writing, for a total term not-to-exceed 50 years.

On February 12, 2024, the Orange County Transportation Authority (OCTA) Board of Directors (Board) approved the 2023 Orange County Complete Streets Program (OCCSP) Project Prioritization Recommendations and awarded the City a total of $2,753,000 funding for the
Atwood Multipurpose Trail Project (Project). This funding is to complete the design and construction of the Project.

This funding is comprised of $272,000 in Congestion Mitigation and Air Quality Improvement (CMAQ) funds to complete the Preliminary Engineering phase of the Project and $2,481,000 in Surface Transportation Block Grant (STBG) for the Construction phase. These funds are administered through Caltrans. In November 2024, the City received authorization to move forward with completion of the Preliminary Engineering phase of the project.

The project consists of a 0.6 mile trail along the County-maintained Atwood Channel. The Project will provide commuting and recreational opportunities for people walking and biking between Lakeview Avenue and Van Buren Street, directly adjacent to Parque de
Los Ninos and the Veterans Village community. The Atwood Multipurpose Trail will incentivize new active transportation users and promote public health by providing residents with a dedicated Class I trail with full ADA accessibility, landscaping enhancements, and amenities.

The City's FY 2025-26 Capital Improvement Program (CIP) identified this project and associated design funds. Staff has since finalized the construction documents for advertising of the project. As part of the federal funding allocation process the City is required to go through the right-of-way certification process through Caltrans. During the certification process Caltrans was not completely satisfied with the terms of the existing agreement. They had a concern on their part to additionally secure their federal funding investment. The amendment helps ensure the County has no intention of revoking the City's access to the County's right-of-way for the lifespan of the improvement without reasonable cause. After multiple rounds of review both Caltrans and the County are satisfied with the terms of this amendment. Approval of this amendment will ensure staff will be able to proceed with the construction funding allocation process and deliver this project successfully.

There is no immediate fiscal impact associated with approval of this proposed amendment.