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City Council Report City Council Report City Council Meeting: June 25, 2019 Agenda Item: 3.Q To: Mayor and City Council From: Karen Ginsberg, Director, Community & Cultural Services Susan Cline, Director, Public Works Department Subject: Los Angeles County Transfer Agreement for the Santa Monica Beach Bike Trail Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a Transfer and Relinquishment Agreement with Los Angeles County for the Santa Monica Beach Bike Trail. The term of the transfer agreement is in perpetuity, with the provision for annual payment by the County of the prorated Transportation Development Act Article 3 fund allocation amount to maintain the Bike Trail for an initial term of ten years, which may be extended by the County upon request by the City. Summary Los Angeles County (County) is proposing to relinquish and transfer all rights to the portion of the Marvin Braude Bike Trail within the City limits to the City of Santa Monica. The City assumed responsibility for sweeping the trail in 2015 as a way to increase the frequency of cleaning and to change the type of equipment to eliminate scraping of the bike path markings. The County continued to make repairs to the bike trail pavement. The City has always had ownership and maintenance responsibility for the existing pedestrian sections along the beach trail. Now that the City is preparing to construct the North Beach Trail Improvements, which will include a pedestrian path along the expanded bike path for the full 3 miles of the beach trail, it would be most efficient and cost effective for the City to assume ownership and maintenance responsibility for both the pedestrian and bicycle portions of the trail. The County will continue its annual reimbursement of approximately $27,000 for sweeping the path; costs for repairs to the pedestrian and bicycle portions would be funded by the Beach Fund, which has sufficient funding. 1 of 4 Discussion Los Angeles County built the 19-mile continuous bicycle trail, currently known as the Marvin Braude Bike Trail (Bike Trail) in 1972, beginning at California Avenue in Santa Monica and extending southward to Via Rivera in Torrance. The City of Santa Monica extended the bike trail to the northern City limits in 1989. The County has had responsibility for maintaining and repairing the bike trail since it was built. The City and County executed a Cooperation Agreement in 2015, which shifted responsibility for sweeping the bike path to the City. At that time, the City hired an Equipment Operator II and purchased a small heavy-duty dust-free sweeper that is the width of one lane of the bike path. Sweeping frequency has increased from two or three days a week under the County’s management to seven days per week. During the design process for the North Beach Trail Improvement Project, which includes the widening of the existing bike trail from 14 to 16 feet and the addition of a 12- foot walking path adjacent to the bike trail, a number of issues were raised by the County regarding design changes. The City and County had been in discussions about the project beginning in January 2018 and the City submitted a 90% design set in July 2018. The County provided comments in September 2018 that requested significant changes, including thickening the pavement edges on both sides of the trail and removal of Pier pilings in order to widen the trail under the Pier Bridge. The City estimated that these changes would add approximately $3.2 million to the Project’s cost, would significantly delay implementation, and would be unnecessary given the non-vehicular uses of the trail. An additional consideration for review of the maintenance arrangement is the addition of a new pedestrian path along the length of the beach trail, which would not be covered by the Cooperation Agreement since the County maintains the bike trail only, and the new pedestrian path would be the City’s responsibility to sweep and repair. It would be most efficient and cost effective for the City to maintain both the pedestrian and bike portions of the Beach Trail. In light of the requested design changes that would result in higher costs and delays, and the inherent challenges of dual responsibility for parallel paths, staff consulted with Supervisor Kuehl’s office and initiated discussions with the County to transfer 2 of 4 responsibility for maintenance of the bike path to the City. County staff supports the change and has agreed to continue the annual reimbursement of Transportation Development Act (TDA) funds from the State that go to the County for maintenance of the Santa Monica portion of the bike trail. These funds are approximately $27,000 per year. The agreement provides for a term of ten years for the annual reimbursement, which the County may extend upon request from the City. The transfer of responsibility from the County to the City eliminated the need for continued County review and the issuance of a permit for the North Beach Trail Improvement Project. The transfer of responsibility for repairing the bike trail would result in more efficient responses to repairs and a more consistent method of repair. While the County has been responsive to calls for repairs, there is still lead time needed to contact the County and then arrange for repairs to be made. Over the years, most minor repairs have been made with asphalt, which has caused unevenness on the bike trail. Since almost all of the two-mile section of bike trail from the Pier to the north City limits will be rebuilt as part of the North Beach Trail Improvement Project, most of the bike trail will be in good condition and may not require major repairs for at least the next ten years. The County did a major repair last year on a section near Ocean Park Boulevard that was damaged by tree roots; the rest of the section from Bay Street to the south city limits is in good condition. The Streets Division of Public Works would take over responsibility for inspecting and repairing both the pedestrian and bike portions of the Beach Trail. Funds for repairs would be covered by the Beach Fund’s operating budget. Since the bike trail was constructed, claims for injuries and accidents on the bike trail were made to both the City and County, although the County had ownership. The transfer may result in increased litigation against the City but is not expected to result in increased liability for the City. The bike trail is a recreational trail and in accordance with CA Government Code Section 831.4, better known as “trail immunity,” public entities are generally immune from liability for injuries caused by a condition of a trail used for recreational purposes. The immunity was enacted to encourage public entities to allow the use of public property for recreation without the burden and expense of litigation stemming from alleged injuries on the trails used for recreational activities. 3 of 4 Past Council Actions Meeting Date Description 3.24.16 Approval of Cooperation Agreement with Los Angeles (attachment A) County for bike trail sweeping Financial Impacts and Budget Actions There is no immediate financial impact or budget action necessary as a result of recommended action. The annual reimbursement from the County for sweeping costs is included in the current and proposed budget. Funding for major repairs would be proposed in future CIP budgets. Prepared By: Judith Meister, Beach Manager Approved Forwarded to Council Attachments: A. MBBT SM SWP AGr exeuted 4 of 4 AGREEMENT THIS COOPERATIVE AGREEMENT (hereinafter referred to as AGREEMENT) is made and entered into by and between the CITY OF SANTA MONICA, a municipal corporation and charter city in Los Angeles County (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, COUNTY and CITY are empowered by law to acquire, construct, maintain, and operate public facilities and improvements, such as public bicycle trails; and WHEREAS, in 1972, by Agreement 20389, the COUNTY was awarded funds from the Land and Water Conservation Fund Act of 1965 to develop the continuous 19 miles of bicycle trail, starting at California Avenue in Santa Monica State Beach and proceeding southward to Via Riviera in the City of Torrance, formerly called the South Bay Bike Trail and currently called the Marvin Braude Bike Trail; and WHEREAS, CITY extended the Marvin Braude Bike Trail to CITY's northern limits in 1989; and WHEREAS, COUNTY currently has responsibility for maintaining the Marvin Braude Bike Trail, including the portion as extended by CITY; and WHEREAS, COUNTY receives an annual supplemental allocation of Transportation Development Act Article 3 funds to cover the maintenance cost on seven predetermined regionally significant Class 1 bicycle facilities, including the Marvin Braude Bike Trail, and for Fiscal Year 2015-16 the prorated amount of the allocation for maintenance of the Marvin Braude Bike Trail along the CITY's beach frontage is Twenty- Four Thousand Eight Hundred Thirty-One and 00/100 Dollars ($24,831.00) in accordance with Exhibit A; and WHEREAS, COUNTY and CITY now desire to have CITY perform sweeping and sand removal maintenance on a 2.9 mile segment of the Marvin Braude Bike Trail along the CITY's beach frontage, (hereinafter referred to as BIKE TRAIL), and to remit to the CITY the prorated Transportation Development Act Article 3 funds for BIKE TRAIL, subject to the terms and conditions of AGREEMENT; and WHEREAS, CITY began maintenance of BIKE TRAIL at their own expense, commencing on July 1, 2015, under a permit issued by COUNTY; and NOW, THEREFORE, in consideration of the mutual benefits to be derived by both CITY and COUNTY and of promises herein contained, it is hereby agreed as follows: (1) COUNTY AGREES: Page 1 of 8 a.
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