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CITY COUNCIL STAFF REPORT
REQUEST: CONSIDERATION FOR APPROVAL OF AMENDMENTS TO
CHAPTER 11.01 OF THE PALM DESERT MUNICIPAL CODE
RELATING TO CITY PARKS AND HIKING TRAIL MANAGEMENT
SUBMITTED BY: Mark Greenwood, Director of Public Works
DATE: June 10, 2010
CONTENTS: Draft Ordinance
Excerpt from May 4, 2010, Parks and Recreation Commission Minutes
Recommendation
Waive further reading and pass Ordinance No. 1214 to second
reading approving amendments to Chapter 11.01 of the Palm Desert
Municipal Code relating to City parks and hiking trail management.
Executive Summary
Approval of staff's recommendation would codify several amendments to Chapter 11.01
(Parks, General Provisions) of the Palm Desert Municipal Code relating to the
management of local parks and hiking trails. The proposed changes will align our
ordinances with those found in the Multiple Species Habitat Conservation Program
(MSHCP) and allow enforceability efforts to increase.
Parks and Recreation Commission Recommendation
At its regular meeting of May 4, 2010, the Parks and Recreation Commission discussed
the proposed amendments. Present for that discussion was staff and Jim Foote, Area
Manager for the Bureau of Land Management (BLM). Mr. Foote expressed the need for
the proposed changes stating that they would give his rangers the correct tools to carry
out enforcement, which the City currently contracts for from the BLM. Mr. Foote also
explained that this would be a good time to propose all necessary amendments to align
our parks ordinances with that of the MSHCP, which was the item presented for
Commission consideration.
Commissioners expressed their concerns with the leash-laws and trail signage, and
inquired about potential fines for citations. Commissioners also agreed that the BLM
rangers should have a clear, concise set of rules so that it does not matter if a person is
on City, BLM, or U.S. Department of Fish and Game property because the rules would
Staff Report
Parks/Trails Management Ordinance Amendments
June 10, 2010
Page 2 of 3
be consistent. At the conclusion of the discussion, the Commission voted unanimously
to recommend approval of the proposed ordinance amendments to the City Council.
Discussion
The proposed amendments surfaced through discussions with the BLM relating to our
Memorandum of Understanding (MOU) for patrol and enforcement services. It was
discovered that in several circumstances our ordinances did not support the language
found in the MSHCP, most notably in areas related to dogs. Since the City is a
signatory to the MSHCP, Mr. Foote, suggested that we update our ordinances to align
with the MSHCP, which for the most part mirrors that of the BLM and the U.S.
Department of Fish and Game. Consistency will allow the rangers in the field the clarity
needed to enforce rules. Part of the difficulty is the fact that the City's trail system often
crosses onto lands owned by the BLM or U.S. Department of Fish and Game. Other
changes of note that simply codify the language found in the MSHCP include, cross
country travel, access with bicycles, and competitive recreation events.
Proposed Amendments
Access with dogs: leash Section 11.01.120(A):
requirements
5.�� �� �-�� " '�P9i1 gt d".r
��N��d�._.:m' . .:; Homme-Adams Park - � :h��' E�"��^�'��!is
designated as an`under immediate voice control" � facikry.Leashes are
reguired on the Homestead Trail and Gabby Hayes Trail which emanate from
Homme-Adams Park and Cahuilla Hills Park, res ectivel ;
Access with dogs Section 11.01.120(A):
6.Dogs are prohibited���___, �, �y' � ° �� '��on aU trails and areas in
the Santa Rosa Mountains eccept the Homestead Trail, Gabby Hayes Trail,and
segment of the Hopalong Cassidy Trail connecting these two trails. This
prohibition does not apply to service animals accompanying persons with a
disabiliry.
Collection of animal fecal Section 11.01.120(B):
matter
It is the mandatory duty of all persons owning,possessing,in control of,or
otherwise responsible for a dog,cat or an equine animal in a city park or other
recreation area of the city to promptly collect,pick up and remove all fecal matter
left behind by said animal in or upon the park or other recreation area of the city;
but this section shall not apply to guide dogs for blind or disabled persons. (Ord.
1064 § 1 ( art),2004; Ord. 751 § 1 ( art), 1994; Ord. 750 § 1 ( art), 1994)
Cross-country travel Add new subsection to 11.01,080--Prohibited conduct generally,as follows:
Section II.O1.080(Y)
Cross-country travel is prohibited in the Santa Rosa Mountains from January 1
through September 30,and allowed from October I through Decem6er 31.
Cross-country travel is defined as travel off authorized trails.During the period
when cross-count travel is rohibited, individuals ma venture ho more than 50
Staff Report
Parks/Trails Management Ordinance Amendments
June 10, 2010
Page 3 of 4
feet from centerline of trails on either side for purposes of resting,nature study,
or other similar activities;this use does not constitute cross-country travel.
Holders of permits issued for research and extended study are exempt from the
cross-count rohibition.
Access with bicycles/ Section 11.01.080(A):
motorized-vehicle use of
trails Within the limits of any public park or recreation area of the city,no person shall
ride or drive any horse or other animal,or propel any vehicle,cycle or automobile,
except at a place especially designated and provided for such purpose.Bicycles are
prohibited year-round from traveling cross-country in the Santa Rosa
Mountains;travel b such conv ance is restricted to authorized trails.
Non-motorized commercial Section 11.01.060:
recreation activities/
competitive recreation No person shall hold,conduct,participate in,attend or address any meeting,
events organized gathering or assemblage,group picnic,celebration,parade,service or
exercise,ar thirty or more persons,in any park or recreation area without a written
pernut granted by the d'uector as provided herein. Competitive recreation events on
or off trails in the Santa Rosa Mountains,including the use of developed
trailheads in association with a com etitive event, are rohibited.
Bold Italic=additions
" � ' ��'=deletions
� �
Fiscal Analysis
The proposed ordinance amendments add the clarity that the BLM is looking for to
enforce the rules and regulations of our parks and hiking trails. The City's current MOU
with the BLM provides $25,000 per year for patrol and enforcement. The proposed
amendments will not create a need for additional enforcement beyond what is currently
contracted.
Prepared By: Depart n H d:
Ryan Stendell Mark Gree wood
Senior Management Analyst Director of Public Works
David Erwin, City Attorney
App;�ved By:
' �' ���� ��
3��. �. � �.�.,
Johfi;A/I. Wohlmuth,City Manager
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ORDINANCE NO. 1214
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING CHAPTER 11.01 (GENERAL
PROVISIONS) OF THE PALM DESERT MUNICIPAL RELATING TO
PARKS / TRAILS MANAGEMENT.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 11.01 of the City of Paim Desert, California, Municipal Code
be and the same shall be amended as shown on Exhibit "A".
Section 2. The City Clerk shall certify to the passage and adoption of this
Ordinance and shall cause the same to be published once in The Desert Sun, a
newspaper of general circulation, printed and published in the County of Riverside and
circulated within the City of Palm Desert, and the same shall be in force and effect thirty
(30) days after its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held this 10th day of June, 2010, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
CINDY FINERTY, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
ORDINANCE NO. 1214
EXHIBIT "A"
Access with dogs: leash Section 11.01.120(A):
requirements
5. � '' �� �Homme-Adams Park���r."�r��f �r ��u :��is
��m,�P���di °�, �. .. .. ;
designated as an"under immediate voice control"€���facality.Leashes are
required on the Homestead Trail and Gabby Hayes Trail which emanate from
Homme Adams Park and Cahuilla Hills Park, res ectivel ;
Access with dogs Section 11.01.120(A):
6.Dogs are prohibited`„` o�"" � �� „ .� ��'�on all trails and areas in
the Santa Rosa Mountains except the Homestead Trail, Gabby Hayes Trail, and
segment of the Hopalong Cassidy Trail connecting these trvo trails. This
prohibition does not apply to service animals accompanying persons with a
disability.
Collection of animal fecal Section 11.01.120(B):
matter
It is the mandatory duty of all persons owning,possessing,in control of,or
otherwise responsible for a dog,cat or an equine animal in a city park or other
recreation area of the ciry to promptly collect,pick up and remove all fecal matter
left behind by said animal in or upon the park or other recreation area of the city;
but this section shall not apply to guide dogs for blind or disabled persons.(Ord.
1064 § 1 ( art),2004;Ord. 751 § 1 art), 1994;Ord.750§ 1 ( art), 1994)
Cross-country travel Add new subsection to 11.01.080--Prohibited conduct generally,as follows:
Section 11.01.080(Y)
Cross-country travel is prohibited in the Santa Rosa Mountains from January 1
through September 30,and allowed from October 1 through December 31.
Cross-country travel is defined as travel off authorized trails.During the period
when cross-country travel is prohibited, individuals may venture no more than SO
feet from centerline of trails on either side for purposes of resting,nature study,
or other similar activities;this use does not constitute cross-country travel.
Holders of permits issued for research and extended study are exempt from the
cross-count rohibition.
Access with bicycles/ Section 11A1.080(A):
motorized-vehicle use of
trails Within the limits of any public park ar recreation area of the city,no person shali
ride or drive any horse or other animal,or propel any vehicle,cycle or automobile,
except at a place especially designated and provided for such purpose.Bicycles are
prohibited year-round from traveling cross-country in the Santa Rosa
Mountains;travel b such conv ance is restricted to authorized trails.
Non-motorized commercial Section 11.01.060:
recreation activities/
competitive recreation No person shall hold, conduct,participate in, attend or address any meeting,
events arganized gathering or assemblage,group picnic, celebration,parade, service or
exercise, or thirty or more persons, in any park or recreation area without a written
pernut granted by the director as provided herein. Competitive recreation events on
or off trails in the Santa Rosa Mountains,including the use of developed
trailheads in association with a com etitive event, are rohibited.
Bold Italic=additions
�ese��=deletions
PARKS AND RECREATION COMMISSION
MINUTES May 4, 2010
Some of the Commissioners expressed concern on the status of the
Commission after the Parks Department's staff cuts, stating that other
cities have deleted their parks department and the conditions of their
parks have diminished. The Commission was also concerned with
how the situation was handled and stated that City staff could have
had better communication with the Commission about the changes that
were being implemented. Mr. Greenwood asked the Commission not
to take this re-organization as a way for the City to deviate from its
commitment to the Parks and Recreation. He assured the
Commission that the condition of the City parks will not diminish; on
the contrary, they will improve.
Information item; no motion required
B. SUMMER SCHEDULE
The Commission added a second meeting in May and decided to
discuss the summer schedule at that time.
C. CITY / BUREAU OF LAND MANAGEMENT PROPOSED MUNICIPAL
CODE AMENDMENTS
In October of 2008, the City approved a Coachella Valley Multiple
Species Conservation Plan and a main element was a very specific
trails management plan for the Santa Rosa and San Jacinto
Mountains. Currently, the municipal code is not in line with the
management prescription trails plan; making it difficult to manage and
enforce rules, since they change as they cross multiple jurisdictions.
Mr. Jim Foote of the Bureau of Land Management (BLM) handed out
an outline that highlighted all of the areas where the City's ordinances
are in conflict with state, federal, and multiple species habitat
conservation program guidelines. Mr. Foote recommended a series of
code amendments to the parks ordinances that will bring consistency
to all the ordinances.
Questions and/or concerns included:
- Commissioner Babcock expressed his concern with the
inconsistency of the dog-on-leash ordinance and the
disappearing of signage. Mr. Greenwood stated that
concurrently with the revision of the code, the Public Works is
working on a vandal-proof sign that will prevent the signs from
disappearing.
- Councilman Spiegel inquired on who will enforce the code. Mr.
Foote answered that the BLM officers are in charge of enforcing
the codes.
6
PARKS AND RECREATION COMMISSION
MINUTES May 4, 2010
- What is the penalty for violating the code? Statements ran from
$50 to $800.
- Councilman Spiegel asked if the BLM and CA Fish and Game
agree on everything. Mr. Foote responded yes
Upon a motion from Commissioner Dawson, second by Commissioner
Guyer and a 9-0 vote of the Commission, staff was directed to submit the
amendments to the ordinance to City Council with the Commission's
recommendation to approve.
VII. PRESENTATIONS AND UPDATES
A. PRESENTATION BY DESERT RECREATION DISTRICT
REGARDING THE INTERNATIONAL SPORTS FESTIVAL
Mr. Stan Ford of the Desert Recreation District distributed an
Economic Impact Study of the 2010 International Sports Festival,
which was held from Thursday, February 4, through Sunday, February
7, 2010.
Councilman Spiegel inquired on who will be honored in next year's
event. The Commission will discuss this item in the meeting of June.
The preference for someone in baseball was noted.
B. PRESENTATION BY DESERT RECREATION DISTRICT
REGARDING SOAP BOX DERBY
The City's first Soap Box Derby was held on Saturday, February 21,
2010, at Gateway Drive between Dinah Shore Drive and 35th Avenue.
The event included 21 racing families (9 locals and 12 out-of-towners).
Commissioner Housken inquired whether changing the event from finro
days to one day had an impact on the number of participants. Ms.
Tatiana Hinkle informed the Committee that it did have an impact, but
the change had to be done because of the cost of the street closure
and the feedback that was received. Commissioner Housken
expressed her concerns with last year's approval schedule. She
became concerned when the item was added to the City Council's
Agenda as an urgency item. This action could have let the City
Manager believe the Commission did not take the necessary steps to
have the event in place. Commissioner Housken wanted the record to
reflect that the Commission voted on this item in the January 5�n
meeting, although the proposal reflected a December date. Ms.
Hinkle stated that first contact for this year's event was done in August
of 2009, but in order to avoid delays, she would like to present a full
proposal for next year's event in the July or August meeting. She also
mentioned that they are looking into changing the location to C Street
because of its S Shape. Commissioner Guyer inquired if the event
7