HomeMy WebLinkAboutCalif, State of-San Joaquin River Conservancy Operating Agreement for San Joaquin River Parkway - 9-10-2025
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OPERATING AGREEMENT
FOR
SAN JOAQUIN RIVER PARKWAY
This Operating Agreement (hereinafter referred to as “Agreement”) is made and entered into
this ___ day of __________, 20 , between the City of Fresno, a California municipal
corporation (hereinafter referred to as “City”) and the State of California, acting through the
San Joaquin River Conservancy (hereinafter referred to as “Conservancy”). The City and
Conservancy hereby agree as follows:
I. RECITALS
(a) The Conservancy has under its control certain lands described in Exhibit C of this
Agreement, which the City and Conservancy desire to use for public access and wildlife
habitat purposes.
(b) The development, use, operation, and maintenance of said lands on a cooperative basis
between the City and the Conservancy are hereinafter referred to as the "Project."
(c) The cooperative development, use, operation, and maintenance of the Project are in
accordance with the authorization of the Conservancy Governing Board on ____________,
and the City’s Resolution No. ____________.
II. GENERAL TERMS AND CONDITIONS
(a) PROJECT NAME: The name of this Project is the San Joaquin River Parkway. This
name shall be used in all documents, signs, publications, brochures, general literature, or
news releases. The City shall not rename the Project without the prior written approval of
the Conservancy.
(b) EXHIBITS: This Agreement incorporates by reference the following exhibits:
-Exhibit A – Standard Terms and Conditions
-Exhibit B – Project Description
-Exhibit C – Project Area Description
-Exhibit D – Fire Break Plans
-Exhibit E – Trail Closure Protocol
(c) PROJECT DEVELOPMENT: Any development or improvement of facilities on the area
described in Exhibit B shall be carried out by a separate agreement. Within ninety (90) days
of completion of any such development or improvement, the developer shall provide the City
with a copy of the “as-built” plans, and the City shall transmit a copy to the Conservancy.
(d) TERM: This Agreement shall remain in effect until terminated by either party upon thirty
(30) days’ written notice, the City's non-appropriation of funds sufficient to meet its
obligations hereunder during any City fiscal year of this Agreement, or insufficient funding
for the Project; or as otherwise provided herein. Amendments may be made by mutual
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written agreement of the parties. Upon termination, both parties shall coordinate to ensure
a smooth transition of maintenance responsibilities, access, and public information.
(e) MAINTENANCE ACTIVITIES: The list of maintenance activities referenced in Exhibit B
may be amended in writing upon mutual agreement of the City’s Director of Public Works
and the Conservancy’s Executive Officer. Such amendments shall not require a formal
amendment to this Agreement.
(f) PROJECT BOUNDARIES: The project boundaries shown in Exhibit C may be amended
in writing upon mutual agreement of the City’s Director of Public Works and the
Conservancy’s Executive Officer. Such amendments shall not require a formal amendment
to this Agreement.
(g) ENVIRONMENTAL COMPLIANCE: Any environmental review, permitting, and all
associated costs shall be the sole responsibility of the Conservancy. The City shall have no
obligation or liability for environmental compliance or related costs. This includes, but is not
limited to, compliance with CEQA, state and federal endangered species laws, and any
permits required by environmental regulatory agencies at the local, state, or federal level.
(h) COORDINATION MEETINGS: The City and the Conservancy shall meet at least twice
per year to coordinate on matters related to this Agreement, including maintenance
activities, access, development plans, and other operational issues. Additional meetings
may be scheduled as needed by mutual agreement.
(i) DISPUTE RESOLUTION: In the event of a dispute arising under this Agreement that
cannot be resolved by the Public Works Director and the Conservancy’s Executive Officer,
the matter shall be escalated to the City Manager and the Chairperson of the Conservancy
Governing Board to serve as mediators. Their role shall be to facilitate resolution through
discussion and mutual agreement. This provision shall not limit either party’s legal rights
under this Agreement.
(j) NOTICES: Notices required between the City and the Conservancy shall be deemed
given when mailed, first-class postage prepaid, to the following addresses:
To City:
City of Fresno
Public Works Department
2600 Fresno Street, Room 4064
Fresno, CA 93721
To State:
State of California
San Joaquin River
Conservancy P.O Box 28338
Fresno, CA 93729
[SIGNATURES FOLLOW ON NEXT PAGE.]
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IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, on the day and year first above written.
CITY OF FRESNO,
a California municipal corporation
By:
Scott L. Mozier
Director, Public Works
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Angela M. Karst Date
Senior Deputy City Attorney
ATTEST:
TODD STERMER, MMC
City Clerk
By:
Deputy Date
STATE OF CALIFORNIA,
San Joaquin River Conservancy
By:
Name: KARI KYLER DANISKA
Title: Executive Officer
Date:
APPROVED AS TO FORM:
ROB BONTA
Attorney General to the State of California
By:
Jackie K. Vu Date
Deputy Attorney General
Attachments:
Exhibit A
Exhibit B
Exhibit C
Exhibit D
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EXHIBIT A
STANDARD TERMS AND CONDITIONS TO OPERATING AGREEMENT
I. SCOPE AND PURPOSE
1. SCOPE: This Agreement pertains to the facilities and improvements described in Exhibit
B and to the area owned by the State of California, San Joaquin River Conservancy, as
shown in Exhibit C. The improvements, use, operation, and maintenance of such facilities
on the described area are collectively referred to as the “Project.”
2. PURPOSE AND USE: The Project premises and every part thereof shall be used only for
hiking, bicycling, fishing, picnicking, and other low-impact recreational activities. Subject to
Section 5 below, the City may use the premises for temporary or special purposes through
agreements with others.
The premises and Project facilities shall, unless otherwise specifically provided herein, be
available daily without charge. There shall be no restrictions to public ingress or egress
except when closure is necessary for maintenance, repair, public safety, security, or
protection of the structures or facilities.
Units available for public use (that is, are not generally closed pursuant to Section 25015.06)
shall be closed to the public: from 10:00 p.m. to 6:00 a.m. during the months of April through
September, and from 7:00 p.m. to 6:00 a.m. during the months of O ctober through March,
unless developed for public camping, or otherwise posted pursuant to Section 25015.04 or
authorized in writing by the San Joaquin River Conservancy. No person shall be present in
or remain in or upon units during hours the units are closed. Any person present during
hours the unit is closed is in violation of the Chapter and his or her presence also constitutes
unlawful trespass.
The City and Conservancy shall develop a protocol to allow for closure of the northern
segment of the Trail, during storm periods that may cause the stormwater treatment channel
to run full. This protocol shall be adopted within thirty (30) days of executi on of this
Agreement and incorporated herein as Exhibit E. The City shall notify the Conservancy
within 48 hours of making any and all closures.
II. MAINTENANCE AND OPERATION
3. MAINTENANCE: The City shall provide all normal maintenance and operation of the
Project area and improvements in accordance with the purposes expressed herein and as
described in Exhibit B. Except for occurrences beyond the City's control or acts of God, the
City shall ensure the facilities remain in a safe, clean, and usable condition. Equipment and
materials not needed for routine maintenance shall not be stored or stockpiled on the
premises.
The City agrees to fund maintenance at City expense, consistent with the level of funding
programmed annually and approved by the City Council through the budget process.
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4. ADDITIONAL IMPROVEMENTS: Except as provided in a separate agreement, the
Conservancy shall not be obligated to make any additional developments or improvements
within the Project area.
However, the City may, at its own cost, construct or install additional structures or
improvements provided that:
(a) they are consistent with the purposes set forth in this Agreement;
(b) they are constructed, maintained, and operated for the benefit and enjoyment of
the public;
(c) they do not reduce, restrict, or interfere with the primary purposes of the Project;
and
(d) they receive prior written approval from the Conservancy.
Any improvements installed with Conservancy approval and at the City's expense shall
remain the property of the City during the term of this Agreement. Upon termination, the City
may remove such improvements or leave them on -site, in which case they become the
property of the Conservancy.
The Conservancy shall not make improvements or alterations, including but not limited to
planting, volunteer events, or material storage, or enter into any agreement related to the
properties, improvements, or amenities covered by this Agreement without prior City
approval.
5. CONCESSIONS: The City may enter into agreements with third parties to provide
programs, services, or facilities that complement the Project improvements, provided that:
(a) such agreements are consistent with the purposes and uses described in this
Agreement;
(b) any revenues received from such agreements are deposited into a dedicated
account and used solely for Project maintenance and operation;
(c) the City maintains adequate records of all revenues and expenditures related to
such agreements and provides them to the Conservancy upon request; and
(d) such agreements, including revenue-sharing terms, are approved by the
Conservancy prior to execution.
(e) the Conservancy is acknowledged in any public advertising or social media posts
associated with such agreements, recognizing its role as the landowner for
Jensen River Ranch and the Extension Property.
III. GENERAL PROVISIONS
6. ASSIGNMENT: The City shall not assign this Agreement, in whole or in part, nor delegate
any of its rights or duties unless specifically provided for herein.
7. LIABILITY: The City shall indemnify, hold harmless and defend the Conservancy and
each of its officers, officials, employees, agents and volunteers from any and all loss, liability,
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fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability,
including but not limited to personal injury, death at any time and property damage) incurred
by the Conservancy, the City or any other person, and from any and all claims, demands
and actions in law or equity (including attorney's fees and litigation expenses), arising or
alleged to have arisen directly or indirectly from the negligent or intentional acts or
omissions, or willful misconduct of the City or any of its officers, officials, employees, agents
or volunteers in the performance of this Agreement; provided nothing herein shall constitute
a waiver by the City of governmental immunities including California Government Code
section 810 et seq.
The Conservancy shall indemnify, hold harmless and defend the City and each of its officers,
officials, employees, agents and volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including but not
limited to personal injury, death at any time and property damage) incurred by the City, the
Conservancy or any other person, and from any and all claims, demands and actions in law
or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen
directly or indirectly from the negligent or intentional acts or omissions, or willful misconduct
of the Conservancy or any of its officers, officials, employees, agents or volunteers in the
performance of this Agreement; provided nothing herein shall constitute a waiver by the
Conservancy of governmental immunities including California Government Code section
810 et seq.
In the event of concurrent negligence on the part of the City or any of its officers, officials,
employees, agents or volunteers, and the Conservancy or any of its officers, officials,
employees, agents or volunteers, the liability for any and all such claims, demands and
actions in law or equity for such losses, fines, penalties, forfeitures, costs and damages
shall be apportioned under the State of California's theory of comparative negligence as
presently established or as may be modified hereafter.
This section shall survive termination or expiration of this Agreement.
Required Insurance. Without limiting the indemnification of each party as stated herein, it is
understood and agreed that the Conservancy and the City shall each maintain, at their sole
expense, insurance policies or self-insurance programs including, but not limited to, an
insurance pooling arrangement and/or Joint Powers Agreement , to fund their respective
liabilities including, but not limited to, general liability, automotive liability, workers’
compensation and employers liability. Evidence of Insurance, e.g., Certificates of Insurance
or other similar documentation, shall be provided at the request of either party under this
Agreement.
If the Conservancy is named as a co-defendant under Government Code Sections 895 et
seq., the City shall notify the Conservancy and represent it, unless the Conservancy elects
to represent itself, in which case it shall bear its own legal costs.
8. INDEPENDENT CONTRACTOR: In performing its responsibilities under this Agreement,
the City and its officers, agents, and employees shall act in an independent capacity and not
as officers, agents, or employees of the Conservancy.
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9. NONDISCRIMINATION: The City certifies that it will comply with all federal and state
nondiscrimination laws in performing its responsibilities and in managing any concession
agreements. The Project area shall be open and accessible to the public on equal and
reasonable terms.
10. TERMINATION: This Agreement shall remain in effect until terminated by either party
upon thirty (30) days’ written notice, the City's non-appropriation of funds sufficient to meet
its obligations hereunder during any City fiscal year of this Agreement, or insufficient funding
for the Project; or as otherwise provided herein. Termination shall not relieve either party of
obligations incurred prior to the effective date of termination.
11. WAIVER OF RIGHTS: Either party may waive certain rights under this Agreement. Any
such waiver shall not be deemed a continuing waiver or a waiver of any other right or
provision.
12. REMEDIES NOT EXCLUSIVE: Use of any specific remedy under this Agreement shall
not preclude the use of any other remedy available under law.
13. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon and apply to the
successors and assigns of both parties.
14. OPINIONS AND DETERMINATIONS: Where the Agreement requires approval,
judgment, or opinion by either party, such action shall not be arbitrary or capricious and shall
be made reasonably and in good faith.
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EXHIBIT B
PROJECT DESCRIPTION
1. Project Overview
The San Joaquin River Parkway project area includes lands owned by the San Joaquin
River Conservancy as shown in Exhibit C. The project area is intended to support public
access and enjoyment through low-impact recreational uses such as hiking, fishing,
picnicking, and nature observation.
The area shall be maintained and operated by the City of Fresno pursuant to the terms of
the Operating Agreement and is intended to preserve natural habitat, enhance public
recreational opportunities, and protect water quality and flood control functions.
2. Facilities and Features
Facilities and improvements within the project area may include, but are not limited to:
• Multi-use trails and pathways
• Informational signage and trail markers
• Trash and recycling receptacles
• Picnic tables and seating areas
• Fencing and gates
• Trailhead or access points
• Drinking fountains (as approved)
• Restroom facilities (if applicable)
No improvements shall be made by either party without written approval, in accordance with
the terms of the Operating Agreement.
3. Use and Restrictions
The site shall be open to the public daily without charge, subject to closures for maintenance,
public safety, or environmental protection as specified in the Agreement. Permitted uses are
limited to passive recreation and educational activities consistent with habitat protection and
public access goals.
Motorized vehicles, amplified sound, and commercial events are prohibited unless otherwise
approved in writing by both the City’s Director of Public Works and the Conservancy’s
Executive Officer.
4. Maintenance Activities
The City shall perform routine maintenance and upkeep of the project area and associated
facilities. Maintenance activities may include, but are not limited to:
• Trash removal and litter control
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• Vegetation trimming and weed abatement
• Grading, resurfacing, and erosion repair of trails
• Removal of graffiti
• Inspection, repair, and replacement of fencing, gates, benches, and signage
• Maintenance of drainage features or channels
• Irrigation system checks, programming, and repairs
• Pumphouse maintenance and associated repairs
• Pest or fire hazard mitigation as needed
• General housekeeping to maintain a clean and safe environment
The list of maintenance activities may be updated in writing upon mutual agreement of the
City’s Director of Public Works and the Conservancy’s Executive Officer. Such updates shall
be attached to and incorporated into this Exhibit and shall not require a formal amendment
to the Agreement.
Fire prevention work at Jensen River Ranch, including disking and mowing, shall follow the
approved fire break plan signed by the City of Fresno, the San Joaquin River Conservancy,
and the Fresno Fire Department. The plan shall remain on file and may be up dated by mutual
agreement.
5. Exclusions
The City shall not be responsible for the following activities within the project area:
• Riverbank and shoreline management – Includes erosion control, riverbank
stabilization, any work below the high water mark, or improvements for water access
such boat launches.
• Encampment removal or hazardous cleanup – The City is not responsible for the
removal of homeless encampments, hazardous materials or illegal dumping.
• Ongoing maintenance of the Native Garden – The City is not responsible for
maintaining the Native Garden, which is cared for by Native partners in coordination
with the Conservancy.
• Law enforcement or public safety – Includes patrols, emergency response, and
crime prevention.
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EXHIBIT C
PROJECT AREA DESCRIPTION
The Project Area is defined by the attached maps, which illustrate the lands under ownership
or management of the San Joaquin River Conservancy included in this Agreement.
These areas are located within the City of Fresno along the San Joaquin River and include:
• Jensen River Ranch
• Jensen River Ranch Extension
Each area is shown on a separate map labeled as follows:
• Attachment C-1: Jensen River Ranch
• Attachment C-2: Jensen River Ranch Extension
The Project Area may be updated upon mutual written agreement of the City’s Director of
Public Works and the Conservancy’s Executive Officer, consistent with Section (i) of this
Agreement.
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EXHIBIT D
FIRE BREAK PLANS
Fire Break Plans
• Attachment D-1: Jensen River Ranch Fire Break Plan (map with signature block)
• Attachment D-2: Jensen River Ranch Extension Fire Break Plan (map with signature
block)
These documents depict the approved areas for fire prevention activities such as disking
and mowing. Updates to either plan must be signed by all parties and retained on file.
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Attachment D-1
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