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Home My WebLink About07/06/2010, C13 - APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH THE UNITED STATES BUREAU OF LAND MANAGEMENT REGARDING I f l 1 council j acEnba uEpoizt It=NUMTW CITY OF SAN LUIS OBISPO From: Shelly Stanwyck, Assistant City Manager Prepared By: Neil Havlik, Natural Resources Manager SUBJECT: APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH THE UNITED STATES BUREAU OF LAND MANAGEMENT REGARDING 78 ACRES OF LAND NEAR THE CITY OF SAN LUIS OBISPO RECOMMENDATION Authorize the Mayor to execute a Memorandum of Understanding(MOU) with the United States Bureau of Land Management(BLM), regarding the management of a 78 acre parcel of land in the Irish Hills adjacent to the Froom Ranch, near the City of San Luis Obispo, subject to City Attorney approval of the final MOU. DISCUSSION The serpentine land in the Irish Hills, west of the City of San Luis Obispo, has long been of interest to the City of San Luis Obispo, due to the rich habitat provided by the area. The scenic character and the large number of plant and animal species of concern that are found there make the property especially attractive for accessible Open Space. To date the City has acquired approximately 944 acres of land in the Irish Hills, including Irish Hills Natural Reserve (702 acres) and the Johnson Ranch Open Space (242 acres). Additionally, the City is in the final stages of acquiring 310 acres of the Froom Ranch. Both the Irish Hills and the Johnson Ranch have become popular hiking and biking destinations for citizens, and there continues to be strong interest in the continued growth of recreational opportunities in the area. Earlier this year City staff'initiated contact with staff at the Bakersfield Field Office of BLM regarding the possibility of a management agreement or other mechanism to permit City management of the 78 acre parcel of BLM land adjacent to the Froom Ranch. This property is appropriate for City management as access to it is from the Froom Ranch, and the site provides dramatic views of the Pacific Ocean from the ridgetop. Furthermore, it is quite isolated from other BLM holdings in the Irish Hills, which cover nearly 1,000 acres of land, mostly in the Coon Creek and Diablo Canyon watersheds in the western portion of the Irish Hills. BLM Field Manager Tim Smith was very responsive to the concept and after some discussion presented a"Memorandum of Understanding"(MOU)to staff as an appropriate way to memorialize the agreement between the two agencies. 0°13 ` 1 G/Staff/Navlik/CouncilagendaBLM agreement.doc Memorandum of Understanding with BLM Page 2 Highlights of the MOU The MOU will provide the City with the legal authority to manage the property. This is not expected to be a major undertaking as the site will be accessible only from a non-motorized trail on the Froom Ranch, and no improvements are contemplated other than a possible seating area to allow visitors to enjoy the ocean view. In exchange the BLM will withdraw the property from mineral entry, and consult with the City prior to considering any other form of leasehold, such as gas, oil, or grazing leases. Finally, both parties will cooperate on signage informing the public of entry onto Federal land and the rules governing such entry. (The property has been subject to mineral exploration in the past, although economically recoverable quantities of minerals—most likely chromium—were not found.) FISCAL IMPACT Costs of management of the property are expected to be minor. There already exists a serviceable trail to the property, which will only require minor brush thinning and improvements to tread. Signage costs are likewise expected to be minor and can be absorbed in the 2010-2011 Natural Resources operating budget. A possible seating area is expected to be funded out of local fundraising, in a manner similar to the current bench installation program conducted within the City's open space system. No rent or other leasehold costs are expected. ALTERNATIVES The Council could reject the MOU; however, this is not recommended as the property presents a logical destination for visitors once the Froom Ranch is acquired and opened for public use. ATTACHMENTS 1. Location Map 2. Draft Memorandum of Understanding Cl3 -a- IV/ V N m ENT I O ........ ..... All Ij etKe f :,.F i I" cc It LU CL LOC n a ti NNW Lu E uj 3r 0 Q. Imo`t I cx coo- If Ln ell I 1,rrf LL dc Ch r Cw* f I Ir Nf -sj 10) --t ATTACHMENT 2 MEMORANDUM OF UNDERSTANDING REGARDING MANAGEMENT OF REAL PROPERTY This MEMORANDUM OF UNDERSTANDING REGARDING MANAGEMENT OF REAL PROPERTY is made by and between the City of San Luis Obispo, a California municipal corporation (hereinafter called "CITY") and the United States Bureau of Land Management, acting through the Office of the Field Manager of the Bakersfield, California,District Office (hereinafter called"BLM") with respect to the following RECITALS WHEREAS, BLM is manager of several properties in the Irish Hills area of western San Luis Obispo County, California, including one parcel of approximately 80 acres in an area known as Mine Hill (defined as the northeast quarter of the southwest quarter and the northwest quarter of the southeast quarter of Section 8, Township 31 South, Range 12 East,Mount Diablo Base and Meridian) and identified as San Luis Obispo County Assessor's parcel 076-051-008 (hereinafter called"the BLM Premises"); and WHEREAS, BLM is a partner is several existing efforts involving the cooperation of local, State and Federal agencies in conserving lands in the Irish Hills and providing for passive recreational uses therein; and WHEREAS, CITY and owns several properties near the BLM premises and is in the process of purchasing an additional parcel that will be adjacent to said BLM Premises, and WHEREAS, CITY'S properties,including the parcel expected to be purchased, are currently used or planned to be used for public open space and passive recreational purposes, including the potential to extend a hiking and bicycling trail onto the BLM Premises, where a view of the Pacific Ocean may be obtained; and WHEREAS, such a view is can only be rarely obtained from properties within or near the city limits of the CITY, such that the BLM Premises have special value to the public; and WHEREAS, both CITY and BLM desire to make the view opportunities and other opportunities for passive recreational uses available to the citizens of the City, State, and Nation. NOW THEREFORE, the CITY and BLM (collectively, the "Parties") agree as follows: 1. CITY TO MANAGE BLM PREMISES. Subject to the further provisions of this Agreement, BLM and CITY hereby agree that CITY shall provide management of the BLM Premises for passive recreational uses, consistent with proper protection of natural resources and subject to the general review and approval of BLM. 2. BLM TO WITHDRAW THE BLM PREMISES FOR OTHER ENTRY. BLM agrees to undertake the necessary actions to formally withdraw the BLM Premises from any form of entry for exploitive purposes, such as oil and gas or mineral exploration or extraction, livestock grazing leases, or sale to a private party. ATTACHMENT 2 3. SIGNAGE. CITY and BLM hereby agree to cooperate on the installation of signage to inform the public of entry onto the BLM Premises, reasonable rules of such entry, and to prevent trespass onto those portions of the BLM Premises not open to the public or to neighboring private properties. CITY shall have the primary responsibility to create and install such signage; with BLM to provide guidance as to desired location and appropriate language of such signage. 4. CITY RESPONSIBILITY. CITY shall bear sole responsibility for the security and safety of its invitees using that portion of the BLM Premises in which public use is permitted. 5. NO ASSIGNMENT WITHOUT CONSENT. This Agreement shall not be assigned without the written consent of both Parties. 6. TERMINATION. This Agreement shall continue until terminated with or without cause by either of the Parties, upon no less than 60 days written notice to the other party. 7. GOVERNING LAW. This Agreement will be governed by the laws of California. If any term or provision of this Agreement is found to be unenforceable or void, the term or provision concerned will be construed as enforceable to the maximum extent allowed by law, and the remainder of this Agreement will remain in full force and effect. The parties agree that the exclusive venue for resolving any dispute arising out of the relationship of the Parties to this Agreement will be San Luis Obispo County, California. 8. AMENDMENT. This Agreement may not be modified, amended, or changed without the written consent of the Parties. Signed on this day of , 2010. CITY OF SAN LUIS OBISPO ("CITY') Approved as to form: By: By. David F. Romero, Mayor . Christine Dietrick, City Attorney UNITED STATE BUREAU OF LAND MANAGEMENT BAKERSFIELD, CALIFORNIA FIELD OFFICE ("BLM") By: Tim Smith, Field Manager