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Home My WebLink About11/12/2002, C5 - APPROVAL OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE UNITED STATES NATIONAL PARK SERVI council M«ti�[D.te j ac Enda nEpoRt // - �a - nim a� C I T Y OF S AN L U IS OBISPO FROM: Wendy George,Assistant City Administrative Officer Vj_d Prepared By: Neil Havlik,Natural Resources Manager SUBJECT: APPROVAL OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE UNITED STATES NATIONAL PARK SERVICE REGARDING THE JUAN BAUTISTA DE ANZA NATIONAL HISTORIC TRAIL CAO RECOMMENDATION Approve the Agreement between the City of San Luis Obispo and United States National Park Service regarding the marking of, and publication about, the Juan Bautista de Anza National Historic Trail as it crosses through the City of San Luis Obispo, and authorize the Mayor to sign the Agreement. DISCUSSION The Juan Bautista de Anza National Historic Trail (the "Anna Trail") was designated by Congress in 1990 to commemorate the Anza Expedition of 1775-76, and assigned to the National Park Service for administration. Since that time the Service has employed a variety of partnerships with State and local agencies, non-profit organizations, and private landowners to implement the development of the Trail, consistent with a plan (the Comprehensive Management and Use Plan, or "CMP") developed by the Park Service with public input and support. This effort is intended to provide the opportunity for interested individuals to learn about the Anza Expedition and appreciate what its members went through in their difficult travels. It also has the purpose of informing people about the features that still exist relative to the original trail route. Mission San Luis Obispo, for example, was in existence at the time of the Expedition and was an important stopping place. Thus there is an interest in having the identified route through the City memorialized. The Agreement provides the mechanism for that effort. The Agreement calls specifically for the City to do four things upon further, specific agreement, and without obligating the City to any expenditures other than minor amounts of staff time: 1. to work with the Park Service to formally designate Trail segments within or otherwise under the control of the City; 2. mark the designated Trail segments with markers provided by the Park Service, and maintain those markers; 3. administer; manage, protect, and maintain City-controlled Trail segments in accordance with the purpose of the Trail; and 4. install and maintain interpretive and recreational features of the Trail, with technical support from the Park Service, as City or grant funds and staff resources are available. G/Havlik/councilagenda/Anza Trail Agreement CS--1 Council Agenda Report—Agreement with U. S. National Park Service Page 2 Park Service staff emphasize that the Agreement is permissive, and that a cautious approach of identifying the Trail segments and what is appropriate for each segment will be the subject of future joint decisions. The intent is to slowly build recognition of the Trail, and appreciation of both its historical and modern features. A"certification"process for Trail segments will be used to determine setting of such segments and obviates the potential issue of land use conflicts, while encouraging use of the regulatory process to create appropriate Trail segments where feasible. The City of Paso Robles and the City of Pismo Beach have both recently signed similar agreements with the National Park Service regarding the Anza Trail as it traverses their communities. CONCURRENCES The Community Development Department and the Public Works Department concur with the concept and approach of the proposed Agreement. The Community Development Department will be directly involved with approvals of any physical improvements planned for the Trail alignment, and the Public Works Department will be responsible for maintaining those improvements that are on public property. It has been suggested that the Cultural Heritage Commission should also be consulted as proposals for physical improvements such as information panels or kiosks are developed. Such improvements, however, are not expected to occur in the immediate future. FISCAL IMPACT There will be a minor increase in City staff responsibilities over time in care and maintenance of Trail related features such as street signs and interpretive panels. These responsibilities are also expected to be closely linked to other responsibilities that would occur in the area of the Trail as it is designated through the City; for example, maintenance of signs indicating the historic route would be maintained at the same level and presumably on the same schedule as other nearby street signage. However, it is important to note that no involuntary capital expenses will be incurred by the City as a result of the Agreement. Any expenditures would come before the Council as part of a Capital Improvement Project or modified Agreement with the National Park Service. Attachments: 1. Map of the Identified Route of the Anza Trail through the City of San Luis Obispo 2. Draft Agreement CG'-Cl Juan Bautista % Anza National Historic Trail Legend San Luis Obispo County Historic Trail Corridor ftood `%I Expedition Campsite Area ATTACWWE Q p 2 of 4 Existing Recreational Trail %0000 with Potential to be Marked as the Anza Trail Recreational Trail proposed on a County Plan • with Potential to be Marked as the Anza Trail This map is intended to depict the historic Anza Trail corridor and is not a Vail guide. All Vail informaton is conceptual and does not convey any rights to themagmitc public to use any routes shown. For information on trails marked as the Juan "O1 m Bautista de Anza National HiVonc Trail,contact the National Park Service or 3 mm:� tical countypark and necneatan or plannmiles 0 1 2 3i ng departrnents. Source:USGS 1:100,000 topo map(1981) .?� =vxe.l •s,. _.=� `� �I\ -• .rte �- t_c 2 'Yt'N - { - - -`' EF' •,� �. � {�€;.V,G.h`�•/ �, vy r��_\Y�f�_�'.y' J' 4n..w�.1' _ � y� �e., � L.� {71� CC i NK9Yi,�' COS QS� g_'—Y'�f'tL^` '�' Y"`'�L AT.-,� ti t E �\ L �yS�"�y�' J '7" -: y. 1. 'i� � .._`'Ry_ _ \ �; vy-J`Z-�•'f6`y ,I z. �'`` l �x.!? ICS\� �• L _ t PYEf9„tCJC Ql Q :Z r�� . F" �" Ips �•�;�y dd1°`` _ 1. .t /.` .1 . 1...4.E�t' �y .... .'/ wry{: 4- ,r. Ne�.• ':_:�:�_ ..+r -��. - .- -'��. , ° ' - 17 1✓ e [" 's�� 1. �t Sirl W.CI[AI YWw11Oi W., '� t Joins sheet 30 September 1995 605/80031/NPS-WRO Sheet 31 of 47 cs -3 ATTACHMENT 2 AGREEMENT between the UNITED STATES NATIONAL PARK SERVICE and the CITY OF SAN LUIS OBISPO, CALIFORNIA This Agreement is entered into by and between the National Park Service, U.S. Department of the Interior("Service"), and the City of San Luis Obispo ("City") concerning the Juan Bautista de Anza National Historic Trail, with regard to the following RECITALS WHEREAS, the City and the Service through the Secretary of the Interior("Secretary") have the authority to enter into Agreements that are mutually beneficial and in the interest of the public through the National Trails System Act("the Act")(16 USC 1241-1252; WHEREAS, 16 USC 1244 (a)( 17) established the Juan Bautista de Anza National Historic Trail ("the Trail") and places responsibility for administering the Trail with the Secretary who designated the Service as the federal agency to administer the Trail; WHEREAS, the Act authorizes the Secretary to encourage and assist state, local, or private entities to establish,manage, and protect those segments of the Trail which cross nonfederally- owned lands; and in furtherance of that objective, the Act provides that an Agreement between the Service and cooperating nonfederal agencies may be written for certifying nonfederal sites and segments, marking the Trail, establishing rights-of-way, and developing and maintaining facilities; WHEREAS, pursuant to the Act, the April 1996 Comprehensive Management and Use Plan (CMP) for the Trail outlines objectives and practices to be observed in the management of the Trail and identifies significant potential Trail components, procedures for nonfederal certification, and the process to mark the Trail; WHEREAS, significant segments of the historic route of the Trail pass through the City and include Mission San Luis Obispo de Tolosa, an important Anza expedition campsite; WHEREAS, City agencies were consulted in the preparation and approval of the CMP,- WHEREAS, MP;WHEREAS, the Service and the City mutually desire that the Trail across the City be certified, marked appropriately, administered, and managed so as to accomplish the purposes of the Act; WHEREAS, in spite of the lack of financial resources to allocate toward this project, the City desires to cooperate with the National Park Service to the greatest extent feasible; NOW, THEREFORE, the Parties agree as follows: CS— 1 ATTACHMENT 2 ARTICLE I— STATEMENT OF WORK A. The Service and the City mutually agree to: 1. Establish individual coordinators within each administering agency for Trail administration activities. 2. Adopt the Trail CMP and manage the Trail' s resources as appropriate and feasible. 3. Keep each other informed and consult periodically on management issues pertaining to the Trail, 4. Subject to the availability of funds and personnel, provide assistance at the request of either Party for the planning and the administration of the Trail. B. Service agrees to: 1. Provide the City with Trail markers in accordance with the marking program established in the CMP, 2. Upon request and as funds permit, provide technical assistance for planning access, protection, facilities, interpretation, and other aspects of management of the Trail. 3. Support efforts that promote the Trail as a single, integrated system. 4. Review/approve Trail segments submitted by the City for certification. C. The City agrees to: 1. Submit a Trail segment description and map, as each segment is completed within City jurisdiction, for review and certification by NPS 2. Mark the approved Trail segments with markers furnished by the Service according to the marking process identified in the CMP, and maintain the Trail markers erected. 3. Administer, manage,protect, and maintain City-owned or-managed Trail segments in accordance with the purpose of the Trail and the CMP. 4. Develop, operate, and maintain public access, interpretive and recreational opportunities, and visitor use facilities in accordance with the CMP, and recommend appropriate City facilities to house NPS interpretive media or to receive NPS technical assistance. Nothing contained within this Article shall be construed to require either Party to make or undertake any expenditures not already agreed to between the Parties. CS"� ATTACHMENT 2 ARTICLE II— TERM OF AGREEMENT This Agreement shall remain in effect for five years, beginning on the date of the last signature below. This Agreement may be renewed for an additional five-year term upon mutual agreement between the Parties. ARTICLE III— KEY OFFICIALS National Park Service City of San Luis Obispo Meredith Kaplan, Superintendent Kenneth L. Hampian, City Juan Bautista de Anza National Historic Trail Administrative Officer U. S. National Park Service City of San Luis Obispo 1111 Jackson Street, Suite 700 990 Palm Street Oakland, CA 94607 San Luis Obispo, CA. 93401 Telephone: 510-817-1438 Telephone: 805-781-7114 ARTICLE IV—PRIOR APPROVAL Any use of the official Trail marker for other than marking certified Trail sites and segments shall be approved by the Service. The Service shall provide the City with photo-mechanicals or digital files for the marker. ARTICLE V— MODIFICATION AND TERMINATION Modifications to this Agreement may be proposed by either Party and shall become effective upon written approval by both Parties. This Agreement may be terminated upon 60 days advance written notice given by one of the Parties to the other, or it may be terminated earlier by mutual consent of both Parties. ARTICLE VI— STANDARD CLAUSES A. Civil Rights During the performance of this Agreement, the cooperators agree to abide by the terms of Executive Order 11246 on nondiscrimination and shall not discriminate against any person because of race, color,religion, age, sex, or national origin. The cooperators shall take affirmative action to ensure that applicants are employed without regard to their race, color, religion, age, sex, or national origin. No otherwise qualified individual shall be denied access to a program or activity solely on the basis of a handicap. B. Officials Not to Benefit No member of or delegate to Congress or resident Commissioner shall be admitted to any share or part of this Agreement or to any benefit that may arise therefrom,but this provision shall not be construed to extend to this Agreement if made with a corporation for its general benefit. i ATTACHMENT 7 AUTHORIZING SIGNATURES In witness whereof, the parties hereto have executed this Agreement as of the last date written below: National Park Service City of San Luis Obispo Name Name John J. Reynolds, Regional Director Allen K. Settle, Mayor Pacific West Region Date Date Name Approved As To Form: Meredith Kaplan, Superintendent Juan Bautista de Anza NHT Date ,rW G. or V tseraCity Attorney