Loading...
HomeMy WebLinkAboutC34350 Memorandum of Understanding ( MOU) Ranger Services and Trail Maintenance CostsX-L CITY OF PALM DESERT CITY MANAGER'S OFFICE STAFF REPORT REQUEST: CONSIDERATION OF APPROVAL OF A MEMORANDUM OF UNDERSTANDING WITH THE BUREAU OF LAND MANAGEMENT FOR RANGER SERVICES, AND TRAIL MAINTENANCE COSTS FOR THE CITY'S HIKING TRAILS AND OPEN SPACES. (CONTRACT NO. c34350 ) SUBMITTED BY: Ryan Stendell, Senior Management Analyst DATE: May 14, 2015 CONTENTS: Draft Memorandum of Understanding YTD Activity Report FY14/15 Recommendation By Minute Motion, authorize the Mayor to execute a Memorandum of Understanding (MOU) with the Bureau of Land Management (BLM) for a three-year period beginning July 1, 2015, through June 30, 2018. Funds have been budgeted in General Account No. 110-4610-453-3092, Parks Contract Services for FY15/16. Backciround Approval of staff's recommendation will extend a previously approved MOU with the Bureau of Land Management for ranger patrol services for the City's native park areas, including hiking trails. The total annual cost to the City, as stated in the MOU, is $40,000. In the proposed MOU $30,000 will be utilized for annual ranger patrol services and up to $10,000 on trail maintenance/improvements. The City's hiking trail network is a partnership with many agencies that own lands within the hillside. The Bureau of Land Management is one of the larger land owners within our trails network and has cause to monitor their own lands. $30,000 assures the City a minimum of 50% of BLM Rangers' annual duties will be spent within our trails and open spaces. Staff Report MOU with BLM May 14, 2015 Page 2 Fiscal Analysis Monies for this contract service were included in the FY 2015/2016 budget process which is anticipated to be approved in June. Approval of staff's recommendation would extend our current agreement with the BLM for Ranger Patrol services for the City's hiking trails and open space parks. Prepared Ryan Stendell Senior Management Analyst Revielwed and Concur: Paul S. Gibson, Director of Finance roval: G) M. Wohlmuth, City Manager Annual Report, July 1, 2014 to June 30, 2015 Contract No. C32790 MOU with Bureau of Land Management Per Contract No. C32790, stipulation I.B., the BLM is to provide an annual report to the City regarding expenditure of the City's contributed funds in accordance with the MOU that was approved by the BLM Field Manager on June 18, 2013, and by the Mayor on June 25, 2013. This annual report is submitted for the period of July 1, 2014 to June 30, 2015 to coincide with the City's current fiscal year, and in advance of payment by the City for said period. A courtesy statement/invoice is concurrently submitted to the City for $30,000.00 per stipulations H.A. of the Contract (see "Trail management" below regarding funds allocated by the City for this purpose). H.A. The City of Palm Desert shall provide funding not to exceed $40,000 annually to the BLM for the following: (1) Law Enforcement Ranger patrols of roads, trails, trailheads, facilities, and lands within the National Monument —patrols conducted with funds contributed by the City will occur on lands within the City; and (2) management of the trails within the National Monument where located on City lands. Of these funds, no less than $30,000 is to be allocated by the BLM for law enforcement patrols, and no more than $10,000 is to be allocated for trail management. Should the BLM incur costs less than $10,000 for trail management, the difference between $10,000 and the costs of trail management will be allocated for law enforcement patrols on City lands within the National Monument Report Law enforcement: Patrol days/hours and contacts/warnings/citations/arrests recorded within the City of Palm Desert and the Santa Rosa and San Jacinto Mountains National Monument by BLM Law Enforcement Ranger Wesley Miller 2014 2015 2015 Jul AugSe Oct Nov Dec Jan Feb Mar Apr Ma Jun Total days 7 12 7 8 11 4 10 13 12 15 10 14 123 hrs 29 43 27 34 48 20 60 50 49 65 33 55 513 con 23 55 40 50 82 30 73 57 86 no report pending actual 496 q 1 10 warn 1 2 -- 1 1 __ __ contacts. warnings, cite - 2 -- 3 - - - citations, and arrests arst 1 -- __ _ 1 - 2 days = days of patrol: hrs = hours of patrol; con = information contacts: warn = written warnings; cite = citations; arst = arrests Law enforcement ranger support costs, prorated for patrol hours identified above, which comprise 29 percent of a standard work -year as determined for administrative purposes (1,760 hours): $972 radio 500 vehicle 84 uniform $1,556 COST TO CITY PER PATROL HOUR $58.48 (includes ranger support costs) In lieu of actual figures for April, May, and June 2015, which are not available at this time, patrol days and hours reflect those reported for April through June 2014. Page Iof2 Trail management: Funds provided by the City for trail management ($10,000) will be utilized for development of a new information kiosk for the Randall Henderson Trailhead. Funds not used for this purpose shall be allocated to revision and reprinting of the Randall Henderson Trail interpretive brochure; revision will include highlighting the City of Palm Desert as a major sponsor for the brochure. Page 2 of 2 CONTRACT NO. C34350 MEMORANDUM OF UNDERSTANDING between U.S. DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT PALM SPRINGS -SOUTH COAST FIELD OFFICE SANTA ROSA & SAN JACINTO MOUNTAINS NATIONAL MONUMENT and CITY OF PALM DESERT CALIFORNIA This Memorandum of Understanding (MOU) is between the U.S. Department of the Interior, Bureau of Land Management, Palm Springs -South Coast Field Office, Santa Rosa and San Jacinto Mountains National Monument (hereinafter referred to as "BLM") and the City of Palm Desert, California (hereinafter referred to as "City"). BACKGROUND The Santa Rosa and San Jacinto Mountains National Monument Visitor Center and related facilities are located on Highway 74 within and adjacent to the City. Visitor Center staff and volunteers disseminate information to the public about environmental and cultural resources and recreational opportunities on federal and nonfederal lands in the National Monument, as well as the Coachella Valley as a whole. It is the mutual objective of the BLM and the City to provide quality visitor experiences for tourists and local residents. On October 24, 2000, federal legislation established the Santa Rosa and San Jacinto Mountains National Monument to be jointly managed by the BLM and the U.S. Forest Service (USFS), San Bernardino National Forest (Public Law 106-351), thereby extinguishing the Santa Rosa Mountains National Scenic Area, which was established in 1990 by order of the U.S. Secretary of the Interior and comprised only of lands administered by the BLM. Boundaries of the National Monument also encompass lands under the jurisdiction of the City, State of California, Agua Caliente Band of Cahuilla Indians, other local governments, private citizens, and nongovernmental organizations. The BLM and the City have a mutual interest in efficiently and effectively managing their respective lands in and adjacent to the Santa Rosa and San Jacinto Mountains National Monument. In particular, trails and trailhead facilities located on City lands—Homme-Adams Park Trailhead, which provides direct access to the Homestead Trail; Cahuilla Hills Park Trailhead, which provides direct access to the Gabby Hayes Trail; the Hopalong Cassidy -Mike Schuler Trailhead located behind the Desert Crossing shopping center; and the Randall CONTRACT NO. C34350 Henderson Trailhead located south of the National Monument Visitor Center —require occasional law enforcement presence to protect public facilities, private property (e.g., parked vehicles), and public safety, as well as enforce current restrictions on access with dogs to the trail network. At its regular meeting of August 25, 2005, the Palm Desert City Council authorized the Mayor to execute a Memorandum of Understanding between the BLM and the City for a one-year period retroactive to January 1, 2005, and ending December 31, 2005, and authorized payment to the BLM for that same time period in the amount of $7,000. Execution of the MOU occurred on September 20, 2005, and was identified by the City as Contract No. C24150. In accordance with the MOU, the City would provide a minimum of $5,000 per year to assist the BLM in paying for the operation and maintenance of the National Monument Visitor Center, and a minimum of $2,000 per year towards labor costs for BLM law enforcement patrols of the Santa Rosa sector. At its special meeting of November 17, 2005, the Palm Desert City Council authorized the Mayor to execute an MOU between the BLM and the City for a three-year period commencing January 1, 2006, and ending December 31, 2008, and authorized payment to the BLM for said time period in the amount of $55,000 per year for a variety of tasks with a focus on operation and maintenance of the National Monument Visitor Center and BLM law enforcement patrols of the Santa Rosa sector. On December 21, 2005, an MOU was approved as to content by the City Attorney after having been approved by the BLM Field Manager, National Monument Manager, and the Mayor, and was identified by the City as Contract No. C24150A. In accordance with the MOU, it would terminate five years from the date of its execution unless extended through mutual agreement of the BLM and the City. Hence, it would terminate on December 21, 2010, which is almost two years beyond the period for which funds were approved by the City Council. During calendar years 2006, 2007, and 2008, the BLM allocated funds contributed by the City as follows: $15,100 per year for operation and maintenance of the National Monument Visitor Center, and $39,900 per year for BLM law enforcement patrols of the Santa Rosa sector. In 2009, the City provided $7,500 for operations and maintenance of the National Monument Visitor Center, and $12,500 for law enforcement ranger support. This funding was 50% of the annual amount approved by the City Council since the Updated MOU was approved at mid -year of the City's budget cycle. At its regular meeting of July 8, 2010, the City Council authorized the Mayor to execute an MOU with the Bureau of Land Management for a three-year period beginning July 1, 2010, through June 30, 2013, and authorized payment to the BLM for said time period in the amount not to exceed $55,000 per year for operation and maintenance of the National Monument Visitor Center and BLM law enforcement patrols of the Santa Rosa sector. 0) CONTRACT NO. C34350 Most recently, the Palm Desert City Council at its regular,meeting of May 23, 2013, authorized the Mayor to execute an MOU with the Bureau of Land Management for a two-year period beginning July 1, 2013, through June 30, 2015 (attached). Similar to the MOU approved in 2010, annual funding in the amount not to exceed $55,000 was authorized for payment to the BLM with restrictions regarding the manner in which these funds were to be utilized. Of the $40,000 allocated for Law Enforcement Ranger patrols and management of trails on City lands within the National Monument, no less than $30,000 was to be allocated by the BLM for law enforcement patrols, and no more than $10,000 was to be allocated for management of trails. A maximum of $15,000 was to provide landscape maintenance services at the National Monument Visitor Center. Upon expiration of the MOU in 2015, these landscape maintenance services will no longer be provided by the City, even if the MOU is renewed. PURPOSE This MOU establishes a cooperative arrangement between the BLM and the City regarding the management of BLM and City lands within the Santa Rosa and San Jacinto Mountains National Monument in order to provide quality recreational and educational opportunities for tourists and local residents, to conserve natural and cultural resources, to protect public and private property, and to protect public safety. This MOU revises and replaces the MOU approved by the BLM Field Manager on June 18, 2013, and by the City of Palm Desert Mayor on June 25, 2013, which was identified by the City as Contract No. C32790. AUTHORITIES A. Federal Land Policy and Management Act of 1976 (Public Law 94-579). Section 307(b) grants authority to the Secretary of the Department of the Interior to enter into contracts and cooperative agreements, and to provide for management, protection, and development of public lands. Section 307(c) grants authority to accept contributions or donations of money for the management and protection of the public lands. B. Santa Rosa and San Jacinto Mountains National Monument Act of 2000 (Public Law 106-351). Section 4(c)(1) grants authority to the Secretaries of the Department of the Interior and the Department of Agriculture to enter into cooperative agreements and shared management arrangements for the purposes of management, interpretation, and research and education regarding the resources of the National Monument. 3 CONTRACT NO. C34350 AGREEMENT I. Bureau of Land Management shall: A. Conduct patrols by Law Enforcement Rangers on City lands consistent with the purposes of this MOU and commensurate with funds provided by the City for this purpose. Goals relative to this element of the MOU are as follows: The BLM Monument Law Enforcement Ranger will allocate at least 50% of his/her patrol time in the sector of the National Monument that includes the City of Palm Desert, i.e., lands within and immediately adjacent to the National Monument boundary southward from behind the Desert Crossing shopping center to the Art Smith trailhead.t Patrols will be conducted on trails as needed. 2. When on patrol duty, the BLM Monument Law Enforcement Ranger will visit trailheads on City property at least once per day, including the Hopalong Cassidy/Mike Schuler trailhead behind the Desert Crossing shopping center, Gabby Hayes trailhead at Cahuilla Hills Park, Homestead trailhead at Homme-Adams Park, and Randall Henderson trailhead at the National Monument Visitor Center. Patrols of these sites and the associated trails will focus on compliance with rules regarding the use of trails by dogs.' 3. The BLM will direct additional Law Enforcement Rangers, as circumstances warrant, to the sector of the National Monument that includes the City of Palm Desert.3 4. The BLM will inform the City regarding issues that require immediate attention by the City, e.g., regulatory signs that require replacement due to vandalism or theft. The percentage of patrol time allocated to the subject National Monument sector is determined, in part, by the level of funding provided by the City to the BLM for this purpose. Allocation of funds provided by the City for law enforcement patrols will be in accordance with part II.A. of this MOU. Z Dogs are prohibited on the Mike Schuler Trail, Herb Jeffries Trail, Hopalong Cassidy Trail north of its intersection with the Gabby Hayes Trail and south of "the cross," Art Smith Trail and Randall Henderson Trail. Dogs are allowed on the Homestead Trail, Gabby Hayes Trail, and Hopalong Cassidy Trail between its intersection with the Gabby Hayes Trail and "the cross," thereby making a loop connecting Homme-Adams and Cahuilla Hills Parks with an extension to "the cross." 3 Funding for these Law Enforcement Rangers may, in part, be derived from funds provided by the City to the BLM under this MOU. Patrol time by such Rangers may be counted in achieving the commitment described in part I.A.1. El I CONTRACT NO. C34350 B. Provide an annual report to the City regarding expenditure of the City's contributed funds in accordance with this MOU. The report will be provided in a timely manner relative to the City's annual budget process. C. Assume primary management responsibility for the Randall Henderson Trail and the segment of the Art Smith Trail located on lands owned by the City of Palm Desert, including, but not limited to, minor trail maintenance, and production and installation of informational and interpretive signs. The BLM will coordinate all proposed management activities affecting the Randall Henderson and Art Smith Trails with the City to ensure consistency with applicable municipal codes, ordinances, regulations, and statutes, and shall refrain from proceeding with proposed management activities prior to the City's approval, which may be verbal or written. The BLM will provide an annual report to the City regarding management actions undertaken by the BLM on the Randall Henderson and Art Smith Trails. D. The BLM will coordinate with the City on the management of other trails located on lands owned by the City within the National Monument, but not assume primary management responsibility for them. These trails include, but are not limited to, the Hopalong Cassidy Trail, Homestead Trail, Gabby Hayes Trail, Herb Jeffries Trail, and Mike Schuler Trail. II. City of Palm Desert shall: A. Provide funding not to exceed $40,000 annually to the BLM for the following: (1) Law Enforcement Ranger patrols of roads, trails, trailheads, facilities, and lands within the National Monument —patrols conducted with funds contributed by the City will occur on lands within the City (see part I.A. for details); and (2) management of the trails within the National Monument where located on City lands (see parts I.C. and I.D. for details). Of these funds, no less than $30,000 is to be allocated by the BLM for law enforcement patrols, and no more than $10,000 is to be allocated for trail management. Should the BLM incur costs less than $10,000 for trail management, the difference between $10,000 and the costs of trail management may be allocated for law enforcement patrols on City lands within the National Monument. B. In support of inter -operability with the City Law Enforcement contingency plan, ensure radio/data communications capability with and for BLM Law Enforcement Rangers to both the Riverside County Sheriff's and Palm Desert Police Departments by continuing to fund backbone usage requirements (dispatch). CONTRACT NO. C34350 C. Funding provided is eligible for a cost of living increase annually on July 1, equal to the cost of living increase provided City of Palm Desert employees. D. Provide feedback in a timely manner to the BLM regarding proposed management activities affecting the Randall Henderson Trail and the segment of the Art Smith Trail located on lands owned by the City of Palm Desert, and as may affect other trails on City lands that connect to trails on BLM lands. The City will assume primary responsibility for major trail maintenance activities on trails and trail segments located on City lands, particularly those requiring contracted services, and for projects that require analyses of potential environmental impacts in accordance with the California Environmental Quality Act. III. Bureau of Land Management and City of Palm Desert shall: A. Jointly participate in quarterly meetings to review conformance by each party to the agreements made through this MOU, including review of BLM law enforcement patrol reports. B. Coordinate trail and trailhead management issues, as applicable to the Santa Rosa and San Jacinto Mountains Trails Plan element of the Coachella Valley Multiple Species Habitat Conservation Plan, through the Trails Management Subcommittee of the Coachella Valley Conservation Commission. HOLD HARMLESS The BLM and the City agree to defend, indemnify, protect, and hold each other and their agents, officers, and employees harmless from and against any and all claims asserted, or liability established, for damages or injuries to any person or property, including injury to BLM and City employees, agents, or officers, which arise from or are connected with, or are caused or claimed to be caused by, the acts or omission of the BLM or the City and its agents, officers, or employees in performing the work or services herein described, and all expenses of investigating and defending against same, provided, however, that the BLM's and the City's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the other party, its agents, officers, or employees. TERMS AND MODIFICATIONS A. This MOU shall be in effect until June 30, 2018, or until modified by the parties in writing, whichever occurs first, and may be renewed on an annual basis upon approval by the BLM and the City. C", CONTRACT NO. C34350 B. Funding provided to the BLM by the City shall be annually reevaluated for cost of living increases. C. Terms of this MOU are negotiable at any time at the option of either of the parties. Either party may terminate the agreement upon giving the other party 60 days advance notice. D. This MOU does not in any manner affect the City's commitments as a signatory to the Coachella Valley Multiple Species Habitat Conservation Plan and Santa Rosa and San Jacinto Mountains Trails Plan. SIGNATURES Approved by: Date: JOHN R. KALISH Field Manager BLM Palm Springs -South Coast Field Office Approved by: Date: SUSAN MARIE WEBER Mayor City of Palm Desert Attest: RACHELLE D. KLASSEN, CITY CLERK Approved as to form: Date: DAVID J. ERWIN Attorney City of Palm Desert 7