HomeMy WebLinkAboutC28450 - MOU/BLM for Santa Rosa & San Jacinto Mtns Ntl Mnmnt VC Contract No. C28450
CITY OF PALM DESERT
DEVELOPMENT SERVICES
STAFF REPORT
REQUEST: Approve Updated Memorandum of Understanding (MOU) between
the Bureau of Land Management (BLM) and the City of Palm
Desert
SUBMITTED BY: Janis Steele, Parks and Recreation Services Manager
DATE: January 8, 2009
CONTENTS: MOU between the BLM and the City of Palm Desert
Recommendation:
By Minute Motion:
1. Approve the attached updated MOU between the BLM and the City of
Palm Desert.
2. Approve payment to the BLM for services in an amount not to exceed
$55,000, annually.
3. Approve an annual cost of living increase.
Discussion:
On July 17, 2008, Parks and Recreation staff met with Ms. Frankie Riddle, Director of
Special Projects, Ms. Sheila Gilligan, Assistant City Manager for Community Services,
Lt. Frank Taylor, former Palm Desert Lt. Chief of Police, and Ryan Stendell, Senior
Management Analyst, to review and discuss an existing MOU that exists between the
City of Palm Desert and the BLM. Ms. Riddle has been the City Staff liaison overseeing
the MOU.
The MOU is dated 2005 and was written for five years, but funding was only authorized
through December 2008 (at $55,000 annually). Ms. Riddle and Mr. Jim Foote, BLM
Monument Manager, had entered into discussions regarding updating the MOU and
seeking funding for the remaining finro years.
The outcome of the July 17 discussion was as follows:
1. City and BLM staff should update the MOU.
2. MOU oversight should shift to the Parks and Recreation Division of the City.
On July 29, 2008, Staff met with representatives from the BLM to discuss updating the
MOU. Mr. Foote had prepared a draft, and it was reviewed, discussed and changes
were made.
MOU between BLM and the City of Palm Desert
Page 2 of 2
January 8, 2009
Staff met with representatives of the BLM again on October 22, 2008, to review the
updated "draft" agreement with Lt. Andrew Shouse, the City of Palm Desert's new Lt.
Chief of Police, also in attendance. Attached is a copy of updated MOU. It has been
reviewed and approved by the City of Palm Desert's Risk Manager, Mr. Gary
Rosenblum, and the City's Attorney, Mr. David Erwin.
Staff feels that it is important to extend the MOU, as BLM Rangers provide supervision
to the trails in the City, which is especially important on the top portion of the trails. They
also provide support to the Palm Desert Police Department on the trails. When the City
began building trails, an agreement was entered into with US Fish and Game, the City
of Palm Desert, and the BLM. Part of the agreement required that the City provide
supervision to the trails. The BLM Rangers are deputized and can write citations for
violations. They can also provide staff with valuable information about the integrity of the
trails and report any vandalism, wash outs, etc., so immediate repairs can be made.
Staff presented the agreement to the Parks and Recreation Commission on November
19, 2008. The Commission voted unanimously to recommend that the City Council
support an amendment and extension of the MOU with the BLM, and that funding be
made available. Funding is available in Park Fund 110-4610-453-3092 (Contracting) in
the amount of $27,500 for the remainder of FY 2008-09. It is also recommended that
the oversight of the contract be shifted to the Parks and Recreation Division of the City.
Submitted By: Department Head:
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CONTRACT NO.C28450
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, and private citizens and
organizations.
In addition to cooperating in the operation and maintenance of the National Monument Visitor
Center and ancillary facilities, the BLM and the City have a mutual interest in efficiently and
effectively managing their respective lands in and adjacent to the Santa Rosa Mountains. 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
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CONTRACT NO. C28450�
located behind the Desert Crossing shopping center; and the Randall 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.
The BLM and the City have enjoyed an ongoing cooperative relationship in the operation and
management of the National Monument Visitor Center and adjacent lands. 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 (attached) for a one-year period
retroactive to January l, 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 (attached) for a three-year period
commencing January l, 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 far 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.
PURPOSE
This MOU establishes a cooperative arrangement between the BLM and the City regarding the
operation and maintenance of the National Monument Visitor Center and ancillary facilities, and
management of BLM and City lands within the 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.
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CONTRACT NO.C28450
This MOU revises and replaces the MOU approved by the BLM Field Manager on December 12,
2005, and the City of Palm Desert Mayor on December 13, 2005, which is identified by the City
as Contract No. C24150A.
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.
AGREEMENT
I. Bureau of Land Management shall:
A. Provide staffing for daily operation of the National Monument Visitor Center, except for
Thanksgiving, Christmas, and New Year's Day, in coordination with staff provided by
� the San Bernardino National Forest in such manner consistent with the Service First
Agreement between the BLM and the USFS approved on June 19, 2007, and in
coordination with staff and volunteers provided by Friends of the Desert Mountains,
which is the primary nonprofit support organization for the National Monument.
B. Provide funding, as available and in conjunction with funds provided by USFS under the
' Service first Agreement, for the operation and maintenance of the National Monument
Visitor Center, including funds for utilities, repairs, and janitorial service.
C. Conduct patrols by Law Enforcement Rangers on both BLM and City lands consistent
with the purposes of this MOU and commensurate with funds provided by the BLM and
the City for this purpose. Goals relative to this element of the MOU are as follows:
1. The BLM Monument Law Enforcement Ranger will allocate at least 50% of his/her
patrol time in the sector of the Monument that includes the City of Palm Desert, i.e.,
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CONTRACT NO.�2g450
lands within and immediately adjacent to the Monument boundary southward from
behind the Desert Crossing shopping center to Coachella Valley Vista Point,
generally following the Highway 74 corridor.l 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 time 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 trailheads at the Monument Visitor Center and on Highway
74. Patrols of these sites and the associated trails will focus on compliance with rules
regarding the use of trails by dogs.2
3. The BLM will direct additional Law Enforcement Rangers, as circumstances warrant,
to the sector.of the 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.
D. 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.
II. City of Palm Desert shall:
A. Provide funding, in an amount not to exceed $15,000, to the BLM to assist with paying
for the operation and maintenance of the National Monument Visitor Center, and for
providing visitor services to include, but not limited to, interpretive and environmental
education programs.
B. Provide funding, in an amount not to exceed $25,000, to the BLM to support its Law
Enforcement Rangers in their patrols of roads, trails, trailheads, facilities, and lands
within the National Monument. Patrols conducted with funds contributed by the City will
� The percentage of patrol time allocated to the subject Monument sector is determined,in part,by the level of
funding provided by the City to the BLM for this purpose.
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 its intersection with the Homestead trail,Art Smith trail,and Randall
Henderson trail.Dogs are allowed on the Homestead trail,Gabby Hayes trail,and the Hopalong Cassidy trail where
it connects these two trails(thereby making a loop connecting Homme-Adams and Cahuilla Hills Parks).
3 Funding for these Law Enfarcement 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 I. C.1.
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CONTRACT NO.C28450
occur on lands within the City, as well as on adjacent unincorporated areas of Riverside
County. (See I.C. for details.)
C. 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, including the
provision of sufficient radios for use by BLM Law Enforcement Rangers, as well as all
radio leasing coverage and backbone usage requirements.
D. Provide landscape maintenance services—not to exceed $15,000 annually—at the
National Monument Visitor Center as coordinated with National Monument staff.
Services include, but are not limited to, pruning, thinning, removal and replacement of
plants; disposal of associated debris and cuttings; and maintenance of the irrigation
system. Landscaping costs incurred by the City may offset, whether in whole or in part,
financial contributions made to the BLM for the operation and maintenance of the
National Monument Visitor Center as provided for under this MOU.
E. 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.
III.Bureau of Land Management and City of Palm Desert shall:
A. Jointly participate in monthly 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 ar 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
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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, 2010, 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.
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.
The remainder of this page is intentionally blank.
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CONTRACT NO.C28450
SIGNATURES
Approved by: Date:
JOHN R. KALISH
Field Manager
BLM Palm Springs-South Coast Field Office
Approved by: Date:
ROBERT A. SPIEGEL
Mayor
City of Palm Desert
Approved as
to content: Date:
DAVID J. ERW1N
Attorney
City of Palm Desert
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