HomeMy WebLinkAboutC32790 - MOU - BLM - Ranger Svs - Santa Rosa Mtns Visitor Info. Ctr. 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, TRAIL
MAINTENANCE, AND LANDSCAPING COSTS FOR THE
SANTA ROSA MOUNTAINS VISITORS INFORMATION
CENTER. (CONTRACT NO. c3z�90 )
SUBMITTED BY: Ryan Stendell, Senior Management Analyst
DATE: May 23, 2013
CONTENTS: Draft Memorandum of Understanding
Annual Report from BLM FY12/13
Recommendation
By Minute Motion, authorize the Mayor to execute a Memorandum of
Understanding (MOU) with the Bureau of Land Management (BLM) for a
two-year period beginning July 1, 2013, through June 30, 2015.
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 Landscaping Services for the visitor 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 two minor modifications. In
previous agreements, City funds were used for ranger services, staffing for the
monument visitor center and landscaping of the visitor center. Staff has indicated to the
BLM that we would like the sum of $40,000 to go to ranger/trail services rather than
operations of the Visitor Center. The BLM agreed to remove that funding from the MOU
and replace with language that allows a minimum of $30,000 to be spent on ranger
services with an additional $10,000 to be allowable for trail maintenance. Staff believes
this to be a much better way of utilizing City funds with the BLM.
Contract No. C32790
Staff Report
MOU with BLM
May 23, 2013
Page 2
The second proposed amendment relates to landscaping costs at the Monument Visitor
Center. Staff is proposing to end the City's funding of landscaping costs at the end of
the finro-year MOU (June 30, 2015). The BLM is in agreement with this and will use the
next two years to transition with City staff.
Fiscal Analvsis
Monies for this contract service were included in the FY 2013/2014 budget. 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 as well as landscaping
costs associated with the monument visitor center.
Prepared By: Revie Concu :
Ryan Stendell Mark Gr e wood, .E.
Senior Management Analyst Director of Public Works
CITY COUNCR. Oir
Revi ed and Concur: APPROVED DE'1�T?�D
RECEIVED OTHER
� MEF.T G DAT � -�'�
aul S. Gibson, Director of Finance AYF,S. � �"� � � 'r
NO[�,5: �
A� val: ABSFNT: � ��
� AI3STAIN:
VI�.RIF(F.D BY: �-
fArigin.il on File with City k's Office
Jo M. Wohlmuth, City Manager
CONTRACT NO. C 32�90
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.
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. C 32�90
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 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.
Most recently, the Palm Desert City Council at its regular meeting of July 8, 2010, 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 (attached), and authorized payment to the BLM
for said time period in the amount not to exceed $55,000 per year for operation and maintenance
2
CONTRACT NO. C 32�90
of the National Monument Visitor Center and BLM law enforcement patrols of the Santa Rosa
sector.
PURPOSE
This MOU establishes a cooperative arrangement between the BLM and the City regarding the
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.
This MOU revises and replaces the MOU approved by the BLM Field Manager on July 26,
2010, and by the City of Palm Desert Mayor on August 6, 2010, which is identified by the City
as Contract No. C30050.
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
Interiar 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. 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:
l. 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.,
lands within and immediately adjacent to the Monument boundary southward from
3
CONTRACT NO. C32�90
behind the Desert Crossing shopping center to the Art Smith trailhead.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 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 Monument Visitor Center. 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.
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.
' 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.Allocation of funds provided by the City for law
enforcement patrols will be in accordance with part II.A. of this MOU.
2 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 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 I.A.1.
4
CONTRACT NO. C32�90
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
the 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 I.A. for details); and (2) management of the trails within the
National Monument where located on City lands (see 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 will 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 Sheriffls and Palm Desert Police Departments by continuing
to fund backbone usage requirements (dispatch).
C. 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. Upon expiration of this MOU in 2015, landscape maintenance services at the
National Monument Visitor Center will no longer be provided by the City, even if this
MOU is renewed.
D. 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.
E. 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, as well as trails on BLM lands that
connect to trails on City lands. The City will assume primary responsibility for major trail
maintenance activities on trails and trail segrnents located on City lands, particularly
5
CONTRACT NO. C 32�90
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 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 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, 2015, 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.
6
CONTRACT NO. C32�90
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:
JAN HARNIK
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
Annual Reaort,Julv 1.2012 to June 30,2013
Cantract No. C30050
MOU with Bureau of Land Management
(lj Per Contract No.C30050,stipulation I.D.,the BLM is to provide an annual report to
the City regarding expenditure of the City's contributed funds in accardance with the
MOU that was approved by the BLM Field Manager on July 26, 2010,and by the Mayor
on August 6, 2010.
This annuai report is submitted for the period of July 1,2012 to June 30,2013 to coincide
with the City's cunent fiscal year,and in advance of payment by the City for said period.
A courtesy statement/invoice is concunently submitted to the City for$40,000.00 per
stipulations II.A. and II.B of the Contract.
II.A. The City of Palm Desert shall provide funding, in an amount not to exceed
$15,004,to the BLM to assist with paying for the operation and maintenance of the
Nationa[ Monument Visitor Center,and for providing visitor services to include, but not
limited to, interpretive and environrnental education programs.
Report
National Monument Visitor Center O rations
Estimated costs(S)
Functional area paid by BLM Camments
FY2Qi3
costs for one BLM employee only—position vacated
Salary&benefits 30,000 in January 2013 and remains unfilled;costs for U.S.
Forest Service staff(4)not included
Utilities 6,000 electrici ,water,tele hone
Miscellaneous services 3,500 pest protection,security alarm service,fire
extin uisher service,trash collection
R airs 1,000 lumbin roof,other re airs
Su lies 1,000 office,cleanin ,other su lies
TOTAL 41,500
Interpretive and environmentat education programs are provided by National Monument
staffand volunteers. In FY2012(October 1,2011 to September 30,2012,the latest yeaz
for which statistics have been compiled), staffand volunteers conducted about 150
guided hikes with more than 2,100 participants,almost 65 lectures with more than 1,100
participants,over 30 community outreach events with more than 3,600 attendees,and the
annual Wildflower Festival with about 1,300 attendees. Approximately 15,000
individuals visit the Monument Visitor Center each year where opportunities are
provided to acquire infortnation about the Monument and surrounding area.
Page 1 of 2
II.B. The City of Palm Desert shall provide funding, in an amount not to exceed
$25,000,to the BLM to support its Law Enforcement Rangers in their patrols af roads,
trails,trailheads, facilities,and lands within the Monument. Patrols conducted with funds
contributed by the City will occur on lands within the City,as well as on adjacent
unincorporated areas of Riverside County.
Report
Patrot da s/hours and citatfons/arrests recorded within the Ci of Palm Desert*
2012 20t3 Total
Jul Au Se Oct Nov Dec Jan Feb Mar
Da s 3 5 6 8 5 7 7 7 6 54
Hours 9 25 27 33 35 41 48 41 39 298
Cites 4 5 5 I 2 I�
Arrests � �
* Patrol days and hours for April June 2013 are estimated below.
Estimated patrol days/hours for April 2013 —June 2013: 18 days/99 hours(based on
averages for July 2012 to March 2013 of 6 days per month and 5.5 hours per day)
TOTAL ACTUAL AND ESTIMATED PATROL DAYS
July 1,201Z to June 30,2013: 72
TOTAL ACTUAL AHD ESTIMATED PATROL HOURS
Juty 1,2012,to June 30,2013: 397
AVERAGE COST PER HOUR TO THE CITY: �62.97
(2)Per stipulation I.E.,the BLM is to also provide an annual report to the City regarding
management actions undertalcen by the BLM on the Randall Henderson and Art Smith
Trails.
Report
As indicated above, Monument staff and volunteers regularly conduct guided hikes,
which include the Randall Henderson and Art Smith Trails. For the period of January
through March 2013,more than 450 visitors participated in these hikes. More than 250
participants also participated in guided hikes on the Randall Henderson Trail during the
annual Wildflower Festival in March.
On January 14,2013, 1$ volunteers from the Coachella Val(ey Hiking Club, led by BLM
staff,conducted maintenance actions on the Randall Henderson Trail. Details and photos
are provided at the following website;a copy of the article is attached:
http://www.blm.gov/ca/st/en/info/newsbytes/2013/563xtra_coachella volunteers_trails.pr
int.html
Page 2 of 2
.
Coacheila Valtey Volunteers Continue Strong Support of Trails Page 1 of 5 �
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Coachella Valley Hike Club members gather on a rnol moming,ready for trail work at the popular Randall Henderson trait
(n Paim Desert,Californla.Thfs club and other locai trail coalition clubs frequently provide numerous haurs of volunteer
work to the Friends of the Desert Mountalns on projects in the Santa Rosa and San Jacinto Mountains National Monument.
It often takes this diversity of clubs,citles,cwnmunldes,non-profit and federal or other local partnerships to make things
happen on the ground in the National Monument.
http://www.btm.gov/ca/sVen/info/newsbytes/2013/563xtra coachella_volunteers_traiis.pri... 4/12/2013
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Coachella Valley Volunteers Continue Strong Support of Trails Page 2 of 5
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Eighbeen people that came to volunbeer break out into smatler crews.Here a team of four work along a steep section of
trail as discussion begins over the proper constructlon of a rock water bar. Further along others have placed water
drafnage knicks in key locations on the outside trail edge in an area where erosion from reinwater was a problem.
http://www.blm.gov/ca/sUen/info/newsbytes/2013/563xtra_coachella_volunteers trails.pri... 4l12/2013
Coachella Valley Volunteers Continue Strong Support of Traits Page 3 of 5 �
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In areas where the trail tread is cupped from extensive use,valunteers attempt to restore the treil outslope where
possible.Other measures to divert water,such as grade breaks and drainage dips,are permanently buiit into the trail.
http://www.blm.govlca/sUen/info/newsbytes/2013/563xtra_coachella voiunteers_trails.pri... 4/12/2013
Coachella Valley Wolunteers Continue Strong Support of Trails Page 5 of 5 �
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After working hard through a beautiful desert moming,everyone gathers at the Nationai Monument Visitor Center to have
lunch and time to socialize.Thank you volunteers!
--Steven D. HarNs,Outdoor Recreadon Planner,Santa Rosa&San Jacinto Mountalns Nationa{Monument,BLM Palm
Springs/South CoasC Fietd Offlce(January 2013)
BLM Galifornia News.bytes,issue 563»To subscribe to News.bytes,send an e-mait to: rr�a it r zc�� �-
Newsbytes@List.ca,blm.gov OR visit our News.bytes subscription paye.
http://www.blm.gov/ca/sden/info/newsbytes/2013/563xtra_coachelia volunteers trails.pri... 4/12/2013