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HomeMy WebLinkAboutC30050 - MOU w/BLM 4 Ranger/Admin/& Lndscpng Costs @ SRM VIC CITY OF PALM DESERT DEPARTMENT OF PUBLIC WORKS STAFF REPORT REQUEST: CONSIDERATION FOR APPROVAL OF A MEMORANDUM OF UNDERSTANDING WITH THE BUREAU OF LAND MANAGEMENT FOR RANGER SERVICES, PORTIONS OF ADMINISTRATIVE COSTS, AND LANDSCAPING COSTS FOR THE SANTA ROSA MOUNTAINS VISITORS INFORMATION CENTER. (CONTRACT NO. c3oo5o ) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works DATE: July 8, 2010 CONTENTS: Draft Memorandum of Understanding 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, 2010, through June 30, 2013. Funds are available in General Account No. 110-4610-453-3092, Parks, Contract Services. Backqround Approval of staff's recommendation will extend a previously approved MOU with the BLM for staffing of the Santa Rosa Mountains Visitor Information Center, Landscaping Services for the information center, and 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 $55,000. By paying directly for landscape maintenance through existing maintenance contracts, City staff is able to reduce the actual amount paid to the BLM to $40,000 per year. The MOU remains largely the same as previous years, with one modification. The proposed modification would allow the BLM to assume primary control over two trails in the proximity of the Santa Rosa Mountains Visitor Information Center (Randall Henderson & Art Smith Trail). The Randall Henderson Trail is entirely on City land, and a portion of the Art Smith Trail is on City land. The amendment would allow the BLM to provide needed maintenance and installation of informational and interpretive signage on these two trails. This will also allow the BLM to expand their programming of these Staff Report MOU with BLM July 8, 2010 Page 2 two areas and identify key spots on maps distributed to trail users. The MOU states that the BLM will coordinate its management efforts with the City. Fiscal Analysis Monies for this contract service were included as a part of the FY 2010/2011 budget. Approval of staff's recommendation would extend our current agreement with the BLM for staffing of the Santa Rosa Mountains Visitor Information Center and Ranger Patrol services for the City's hiking trails and open space parks. The total of $55,000 represents approximately one-sixth of the BLM's annual operating costs to serve the Visitor Information Center and staffing costs for rangers. Prepared By: Depart n e d: Ryan Ste ell Mark Green ood, P.E. Senior M ge t Analyst Director of Public Works � ��� � CITYCOUNCIL ON Paul S. i' son, Director of Finance APPROVED � DF.NTF,D RECEIVED OTHER Appr�al. MEET�DA � � � AYES: %� %k"! �'� _ NOESs BSENT: John . Wohlmuth, City Manager ABSTAIlV; � VERIFIED BYs Original on Fite wit�City rk's Offic� CONTRACT NO. C30050 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 CONTRACT NO. C30050 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 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 (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 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. 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. CONTRACT NO. C30050 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 far 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., CONTRACT NO. C30050 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.' 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.Z 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. E. 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, minar 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. � 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 far this purpose. � �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). '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 commirinent described in I. C.1. CONTRACT NO.C30050 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 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. F. 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. The City will assume primary responsibility for majar trail maintenance activities on these trails and trail segments, particularly those requiring contracted services, and for projects that require analyses of potential environmental impacts in accordance with the California Environmental Quality Act. CONTRACT NO. C30050 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 enfarcement 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 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, 2013, 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. CONTRACT NO. C30050 SIGNATURES Approved by: Date: JOHN R. KALISH Field Manager BLM Palm Springs-South Coast Field Office Approved by: Date: Cindy Finerty Mayor City of Palm Desert Attest: RACHELLE D. KLASSEN, CITY CLERK Approved as to form: Date: DAVID J. ERWIN Attorney City of Palm Desert