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CC SR 20151020 02 - Palos Verdes Nature Preserve Enforcement OptionsMEMORANDUM RANCHO PALOS VERDES TO: FROM: DATE: SUBJECT: REVIEWED: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL CORY LINDER, DIRECTOR, RECREATION AND PARKS ~ OCTOBER 20, 2015 PALOS VERDES NATURE PRESERVE ENFORCEMENT OPTIONS DOUG WILLMORE, CITY MANAGER ~ Project Manager: Matt Waters, Senior Administrative Analyst & RECOMMENDATION 1. Provide direction to staff on the proposed options for increasing and improving enforcement in the Palos Verdes Nature Preserve. FISCAL IMPACT Budgeted Additional New Acct. Revised Fund Account Number (s) Amt. Appropriation Balance Balance MRCA $189,000 $189,000 $378,000 $10,720,712 101-5010-451-32-00 (doubled) Sheriff/MRCA $189,000 $169,000 $358,00,000 $10,738,712 101-5010-451-32-00 City Rangers $0 $189,000 $189,000* $10,909,712 101-5010-451-32-00 BACKGROUND The Palos Verdes Nature Preserve is one of the great sources of community pride in Rancho Palos Verdes. Monitoring and maintaining this 1,450 acre jewel is a tremendous, ongoing challenge. At its August 18· 2015 meeting, the City Council directed staff to research options for providing enhanced enforcement in the Palos Verdes Preserve. This direction was in addition to the approval of 3,744 hours of part- time staffing in the Preserve that was approved by Council at that meeting. Current Enforcement Professional enforcement in the Preserve is currently provided by the Mountains Recreation Conservation Authority (MRCA). The City began contracting with MRCA in 1 Palos Verdes Nature Preserve Enforcement Options October 20, 2015 Page 2 late 2009 for ranger services within the Preserve. The current three-year contract, which expires on June 30, 2016 costs $189,000 for FY 15-16 and includes up to 50 hours of patrol and 5 hours of interpretive services per week, typically leading classes such as the popular Junior Rangers program. Rangers flex their schedule depending on busy times of the year, enforcement needs, and ranger availability. The contract includes 1.5 hours of drive time per patrol, because the City is the furthest jurisdiction in which MRCA patrols; rangers commute from Los Angeles, Santa Clarita, Azuza, and Calabasas. This means an 8-hour patrol shift will be charged at 6.5 hours of patrol and 1.5 hours of drive time. Rangers patrol by truck and by foot. They patrol in all 11 of the City's reserves that make up the Preserve, with more time focused in popular reserves and problem areas. For the past year, patrol has been focused in Portuguese Bend and Abalone Cove (the most popular Reserves) and also popular Vicente Bluffs, Ocean Trails, and Forrestal Reserves. Rangers also monitor and note activity on the less active Reserves. Rangers are managed and receive direction from Recreation and Parks Department staff. Their end goal is to protect the Preserve resources and increase rules compliance. They do this through public education, citations, and reporting observations and making recommendations on user behavior to City staff. MRCA Rangers issued 83 citations during FY 14-15, the majority in Abalone Cove and the Portuguese Bend Reserve. Recreation and Parks Preserve Staffing On August 18, 2015, the City Council approved establishing Recreation and Parks Department part-time staffing in the Palos Verdes Nature Preserve. Preserve staff will enhance the City's ability to pro-actively improve operations and better manage and maintain the City's existing open space resources. Preserve staff will function much in the same way that recreation staff do at our park sites. They will fill the need for a daily "boots-on-the-ground" presence in the Preserve, proactively assisting with preserve maintenance, establishing a high level of cleanliness, complementing the efforts of Public Works staff and contractors, interacting with the public, and enforcing Preserve rules. The need for a daily staff presence has been heightened by increased attendance at the Preserve, fueled in part by the growing role of social media. This preventative approach will help protect and maintain the Preserve by allowing staff to respond to situations immediately rather than have to submit a work order or report it to through the chain of command. 3,744 annual part-time hours were approved. Recreation and parks staff is currently recruiting and preparing training materials for Preserve staff with a goal of having this program operational by December, 2015. The table below shows current City and PVPLC Preserve-related expenses: 2 Palos Verdes Nature Preserve Enforcement Options October 20, 2015 Page 3 Fuel Modifications/Parcel Assessments MRCA Trail Maint. Requests from PVPLC PW General Trail I Road I Preserve Maint. Portable Restrooms Misc. Habitat Restoration Activities COD PT Preserve Staff & Su lies PVPLC Preserve Ex enses Total: Cit and PVPLC DISCUSSION Annual $100,000 $189,000 $15,000 $40,000 $10,000 $134,000 $26,000 $65,000 $579,000 $366,000 est. $935,000 Council's direction was to look at professional, trained enforcement alternatives to enhance services in the Preserve. Below are three alternatives, all of which double the current 40 hours of weekly enforcement in the Preserve to 80 hours a week. 1. MRCA: Double current setVice levels in MRCA Contract: Doubling MRCA's contract would increase their service levels to 110 hours per week (100 patrol and 10 interpretive service hours). 1.5 hours out of every 8 hours shift is commute time, so the Ranger's spend approximately 80% of their contract time in the Preserve. Approximately 80 hours a week would actually be spent in the Preserve on patrol. The number of citations would increase and potentially double with this increase. The cost of their contract would increase from $189,000 a year to $378,000. Rangers would be able to patrol the Preserve seven days a week instead of the current five. MRCA staff have told staff that this increase would take a minimum of one year to activate due to necessary recruitment and training. Due to the need to recruit additional staff, MRCA staff said they would likely request a longer-term agreement with the City of at least five years. The City is currently in the second year of a two-year contract with MRCA. Annual Cost: $378,000 Weekly hours in Preserve: 80 2. MRCA/LA COUNTY SHERIFF Combo: Addition of LA County Sheriff Deputy Adding a dedicated Los Angeles County Patrol Deputy (in addition to existing MRCA service levels) would cost an additional estimated $169,000. The officer would coordinate their efforts with MRCA. If directed to pursue this option, staff would begin discussions with the County. Combined with MRCA's existing contract, this option would cost $358,000 annually. Additional Preserve-related supplies/equipment may be needed by the Sheriff as well. Annual Cost: $358,000 Weekly Hours in Preserve: 80 3 Palos Verdes Nature Preserve Enforcement Options October 20, 2015 Page4 3. CITY RANGER PROGRAM: Eliminate current MRCA service levels and initiate in-house City-operated Park Ranger Program Staff would hire trained in-house Park Rangers. These Rangers would have citation power, but would not carry firearms. MRCA contracted services would be maintained during transitional period. There would be no payment for commute time-which is currently in the MRCA agreement. Senior Park Ranger (FTE): (1) 40 hrs/wk $65,000 (Based on San Diego County comparable position's salary with RPV's FT benefit formula included) Park Ranger (PT): (2) 20 hrs/wk (40 hours total) $64,000 (Based on existing City of RPV Park Ranger Classification/Hourly rate/benefits included) There will be additional start-up and ongoing costs such as vehicles, tools, equipment, and training. Approximately $60,000 for startup and $20,000 ongoing. Annual Cost: $189,000 Weekly Hours in Preserve: 80 Comparison of Proposed Options Cost/Annual Approx. Firearms Start-Up Hours/wk Estimate In Preserve MRCA Current $189,000 40* Yes Current MRCA $378,000 80* Yes 1 Year (doubled) Sheriff/MRCA $358,000 80 Yes 1-3 months City Rangers $189,000** 80 No I year *Total does not include hours/week for interpretive services. 5 hours/week in current contract. **Total includes additional start-up supplies and equipment and training. ALTERNATIVES 1. Maintain current level of enforcement provided by MRCA. Additional Preserve Resources The following groups do not enforce rules, but are a presence in the Preserve, providing guidance to visitors and informing them of rules. 4 Palos Verdes Nature Preserve Enforcement Options October 20, 2015 Page 5 Volunteer Trail Watch The Volunteer Trail Watch (VTW) program began in 2013 and currently has 32 current members. VTW volunteers are trained by PVPLC to be a presence in the Preserve to monitor activities and educate the public. Volunteers also report instances of vandalism, graffiti, trash and inappropriate activities, such as dogs off leash, to the PVPLC and City staff. Their mission is to help protect the natural resources of the Preserve and enhance the safety and experience for visitors. VTW volunteers worked over 2,000 hours in the Preserve last year. Volunteer Horse Mounted Patrol (The POSSE) Beginning in 2015, the Los Angeles County Sheriff's Dept. Lomita Station has allowed their mounted officers to periodically enter the Preserve. Via horseback, this Posse currently patrols equestrian trails, primarily in the Portuguese Bend Reserve, although they visit other Reserves as well. They interact with trail users by answering questions and providing guidance. Their presence in the Preserve provides another layer of protection and observation of our trail system. CONCLUSION The effective maintenance and management of the Palos Verdes Nature Preserve has been a top City priority since its inception. Enforcement of Preserve rules, along with public education, habitat restoration, and thoughtful maintenance, is crucial to the long- term success of this incredible resource. Attachments 1) MRCA Quarterly Report FY 14-15 (page 6) 2) July 31, 2015 Letter from PVPLC Director Andrea Vona (page 24) 3) June 17, 2014 MRCA/City Agreement (page 28) 4) May 19, 2015 MRCA/City Amendment (page 39) 5 DATE: TO: FROM: RE: MOUNTAINS RECREATION & CONSERVATION AUTHORITY Franklin Canyon Park 2600 Franklin Canyon Drive Beverly Hills, California 90210 Phone (310) 858-7272 Fax (310) 858-7212 MEMORANDUM November 26, 2014 Katie Lozano, City of Rancho Palos Verdes Jewel Johnson, MRCA Supervising Ranger RPV I MRCA Ranger Services Activity Report-lnv#1415.01 Preserve Visitor Contacts • July 2014 -September 2014 • 759.50 Patrol Hours • 10 Interpretative Hours • 10 Rangers patrolled the reserves during this period The main focus of our patrols during this quarter were at Abalone Cove Ecological Reserve due to the high surf and increased usage. We provided assistance to LA County Sheriff, Fire and Lifeguards in Sacred Cove area of Abalone Cove Ecological Reserve. • Abalone Cove Safety Task Force Field Meetings • Roles of MRCA Rangers and PVPLC Volunteer Trail Watch o RPV Recreation and Parks Department o PVPLC • Ranger Patrols o Katie Lozano, RPV Recreation and Parks Department Administrative Analyst A local public agency exercising joint powers of the Santa Monica Mountains Conservancy, the Conejo Recreation & Park District, and the Rancho Simi Recreation & Park District pursuant to Section 6500 et seq. of the Government Code. 6 Rancho Palos Verdes Contract C-Inv#l415.0l Page 2 35 = Citations Issued Pelican Cove • Camping (Dismissed I Bail Schedule not approved by Court) RPV Beach • No Animals on Beach - 3 Abalone Cove • No Fires Allowed - 2 Portguese Bend Reserve • Unauthorized Trail Use - 4 • Dog off Leash - 2 Filiorum Reserve • Dog off Leash Ladera Linda Community Center • Reckless Driving Sacred Cove • Area Closed -19 • Nudity 53 -Ranger Hotline Calls • Abalone Cove Reserve o Evidence of Fire Pit o "Line" Fishing o Park Hours inquiry o Vandalism o Cutting vegetation to make shade o Camping inquiry o Lost Kayak o Unauthorized Trail Use (Hikers) o People swimming in caves o Illegal take in tide pools o Fishing Boat (Legal) 7 Rancho Palos Verdes Contract C-Inv#1415.01 Ranger Hotline Calls cont' • Portuguese Bend Reserve o Gate left open o Unauthorized I Unidentified vehicle in Reserve o Unauthorized trail use (Hikers) o Water main break off Vanderlip Trail o Lost dog o Reckless biker • Ocean Trails Reserve I RPV Beach o Dogs on beach o Paragliding inquiry o Dead Seal o Fire Access inquiry o Loud Party (unknown location) o Trash pick-up inquiry • Alta Vicente Reserve I Pelican Cove o Ranchos Camino Dog Park • Bees in tree (found no evidence) o Spearfishing (No Take Area) • Vicente Bluffs Reserve o Unauthorized Trail Use (Hikers) o Homeless sleeping on bench o People walking along shore below PVIC • Forrestal Reserve o Dune buggy stuck o Protective rope doesn't seem safe • Filiorum Reserve o Neighbors hitting balls onto trail • MISC o Ticket question o Fishing at Coronado Ferry Landing Page 3 o Car full of people smoking and graffiti at Terranea Resort o Camp below Bay Club o Archery Range hours o White fox sighting o Locked in Shoreline Park 8 Rancho Palos Verdes Contract C-Inv#l415.0l Page4 Interpretive Programs • MRCA I RPV Junior Ranger Program Fall 2014 o Orientation o Marine Mammals and Scavenger Hunt • Hiking Safety Interview with Maria Serrao, RPVtv Maintenance • Clear and remove homeless encampment in Pelican Cove • Identified new spur trails (Equestrian) off Vanderlip Trail in Portuguese Bend 9 DATE: TO: FROM: RE: MOUNTAINS RECREATION & CONSERVATION AUTHORITY Franklin Canyon Park 2600 Franklin Canyon Drive Beverly Hills, California 90210 ---=.......-Phone (310) 858-7272 Fax (310) 858-7212 MEMORANDUM January 7, 2015 Katie Howe, City of Rancho Palos Verdes Jewel Johnson, MRCA Supervising Ranger RPV I MRCA Ranger Services Activity Report PRESERVE ACTIVITY • October 1 -December 31, 2014 Portuguese Bend Reserve • PVPLC report: Unauthorized early morning vehicle use • Early morning patrols found no evidence of activity • Repair chain at Palos Verdes Drive South entrance (see 12121 Evernote) • Unidentified lock (SPRIN) on Portuguese Nature Reserve gate (see 12/30 Evernote) • Additional "Reserve Hours" signs o Portuguese Bend Reserve Crenshaw Trailhead o Filiorum Reserve Rattlesnake Trailhead Forrestal Reserve • Monitor dog off leash activity • Monitor unauthorized trail use off Conqueror Trail Ocean Trails Reserve • Monitor Founders Park and RPV Beach for dog off leash activity • Recommend "Rule Sign" at top of Ocean Trails Reserve A local public agency exercising joint powers of the Santa Monica Mountains Conservancy, the Conejo Recreation & Park District, and the Rancho Simi Recreation & Park District pursuant to Section 6500 et seq. of the Government Code. 10 Three Sisters Reserve Page2 MRCA Ranger Services Activity Report -DRAFT • Monitor trails for unauthorized "Falconry" Filiorum Reserve • User conflict on Kelvin Canyon trail "walk zone" • Unauthorized trail use on Eucalyptus trail o Confusion due to lack of signage San Ramon Reserve • Secured gate off Palos Verdes Drive East (see 1111 Evernote) • City Report of aggressive behavior by mountain bikers building jumps o Same location of March 2013 removal • Monitor location and observed bike activity adjacent to San Ramon Reserve o Observed off-road motorcycle and vehicle use of Private and LA County property entering from San Pedro • Repair and/or reroute trailhead at the top of Palos Verdes Drive East o Washed out in the December rains Abalone Cove Reserve • High Surf Advisory -(Oct/Nov/Dec) • Removed tagging -(see 12/6 and 12/11 Evernote) • Report tagging on trash bin and table (see 12/17 Evernote) Vicente Bluffs Reserve • Contact transient I found no camp (October) • Monitor newly posted "Area Closed" locations o Recommend additional signage along Seascape Trail • Point Vicente Interpretative Center o Open Space off overflow lot open and evidence of off-road activity (see 12/11 Evernote) • Vegetation encroaching Seascape Trail Alta Vicente Reserve • Field report of water not working in dog park • Check for transient camps off trails 11 Page 3 MRCA Ranger Services Activity Report-DRAFT Ranger Service Calls -20 October - 7 I November - 6 I December -7 • Vicente Bluffs Reserve (Pelican Cove) o Fishing in "no take" area o Man sitting on cliff in closed area • Abalone Cove Reserve o Someone fainting in reserve I LASO already on scene o Inquiry on hiking and swimming o Fishing locations o Gates closed o Naked hiker in canyon off Sea Dahlia trail o Fishing Boat o Fishing below Archery Range (allowed) o Camping inquiry o 2 People with orange buckets going down to tide pools • Three Sisters Reserve o Falconry • Filiorum Reserve o Dogs off leash • Forrestal Reserve o Dog off leash (Fossil Trail) • Misc o Port of Long Beach inquiry o Ladera Linda Community Center • Dogs off leash o Malaga Cove • Rope climb inquiry 12 OCTOBER (5) Page4 MRCA Ranger Services Activity Report-DRAFT CITATIONS-10 • Vicente Bluffs Reserve (Pelican Cove) o Fishing w/o License - 3 • Filiorum Reserve o Dog off leash • Abalone Cove Reserve o Animals on the Beach NOVEMBER (4) • Portuguese Bend Reserve o Unauthorized Trail Use - 3 • San Ramon Reserve DECEMBER (1) • Portuguese Bend Reserve o 7 Dogs off Leash (commercial dog walker -parked in private community) ADMINISTRATIVE • Field meeting regarding private entry points from Portuguese Bend Club • Abalone Cove Shoreline Park Re-Opening • Preserve Management/PUMP Public Forum (October) • PVPLC/City Preserve Management Team Meeting (October I December) o Trail Etiquette Brochure 13 Page 5 MRCA Ranger Services Activity Report-DRAFT INTERPRETATIVE PROGRAMS • Ranger-led Night Hike at Portuguese Bend Reserve) o October 8 "Blood Moon" o December 5 "Cold Moon" • FALL 2014 Junior Ranger Program • OCTOBER 4rH VOLUNTEER DAY OCEAN TRAILS RESERVE: Hike to the beaches below the Ocean Trails Reserve and participate in a beach clean up! Show your community pride and practice the Junior Rangers' "Leave No Trace" principle. • OCTOBER 1srH NATIVE ANIMALS AND ANIMAL TRACKING FORREST AL NATURE RESERVE: Venture out to find clues about the wildlife living in our hills and neighborhoods. Also, learn about some of the special protected bird and plant species that make the Palos Verdes Nature Preserve such a special place. • NOVEMBER 1sr NATIVE AMERICANS AND NATIVE PLANTS POINT VICENTE INTERPRETIVE CENTER: Hike through the Vicente Bluffs Reserve, visit the native plant garden, and learn about the local Native Americans that once lived in Palos Verdes. • NOVEMBER 15rH FIRE ECOLOGY LADERA LINDA COMMUNITY CENTER: Meet MRCA wildland firefighters and learn about wildfires. Participants try on real fire gear and try out a fire hose. • DECEMBER 5th JUNIOR RANGER GRADUATION LADERA LINDA COMMUNITY CENTER 14 DATE: April 24, 2015 MOUNTAINS RECREATION & CONSERVATION AUTHORITY Franklin Canyon Park 2600 Franklin Canyon Drive Beverly Hills, California 90210 Phone (310) 858-7272 Fax (310) 858-7212 MEMORANDUM TO: Katie Lozano, City of Rancho Palos Verdes FROM: Jewel Johnson, MRCA Supervising Ranger RE: RPV I MRCA Ranger Services Activity Report-lnv#1415.03 Preserve Visitor Contacts • January-March 2015 • 645 Patrol Hours • 29 Interpretative Hours 9 Rangers patrolled the Preserves during this period PORTUGUESE BEND RESERVE Ranger Hotline Calls Taxidermy I raw meat on trails (PVPLC approved research project) • Unauthorized Vehicle • Unauthorized Trail Use (Bikes) • First Aid After Hours (Hikers) -Caller identified location as "Del Cerro Park" Citations Issued (4) • Unauthorized Trail Use (Landslide Scarp) • Dog off Leash (Burma) • Unauthorized cut/removal of plant - 2 Maintenance • Removed graffiti on signs (Del Cerro Park -pictures on file) Rangers continue to monitor hotspots in the Reserve. Unauthorize trail use on Landslide Scarp trail by mountain bikes continues but with less frequency. We found no evidence of new spur trails and monitor the previously indentified spur trails. Rangers have observed a change in entry and exit patterns into the Reserve. The younger mountain bikers are accessing the reserve from Forrestal Reserve via Klondike trail. Ishibashi Farm trail markers are confusing to mountain A local public agency exercising joint powers of the Santa Monica Mountains Conservancy, the Conejo Recreation & Park District, and the Rancho Simi Recreation & Park District pursuant to Section 6500 et seq. of the Government Code. 15 Rancho Palos Verdes Contract C-lnv#l415.03 Page2 bikers. There are two trail markers that say bikes allowed and and one says no bikes, which is stacked on top of a marker that allows bikes (pictures on file). Rangers are monitoring the unauthorized trail use on Rim trail and two spur trails that drop down onto Burma road. The overall compliance with all user groups continues to be high. There has been an increase in questions about how to get back to Crenshaw Boulevard. Recommend directional signage be included in trail sign plans. There has been improvement on hikers bringing sufficient water. FILIORUM RESERVE Ranger Hotline Calls • No Calls Citations Issued • No Citations issued Maintenance • Dismantled structure • Remove human waste covered clothing There has been an increase in usage and Rangers continue to recommend clarifying trail system. The lack of adequate signage continues to be an issue on the Eucalyptus (pictures on file), Pony and Ford trails. The lack of adequate signage allows for the user to go onto private property and create spur trails. Rangers are monitoring an unauthorized equestrian trail system off Vanderlip and Gary's Gulch trail. Ranger's received a report that a homeless camp was found off Eucalyptus. The trail was checked and we found no evidence of homeless activity. The area appeared to be an old party/hang out spot. The two lean-to structures were dismantled and an old abandoned bike jump was found. The clothing with human waste looked to be an emergency pit stop/accident that was used to clean up. The clothing was removed from the trail. FORRESTALRESERVE Ranger Hotline Calls • Dogs off Leash • GPS coordinates • Unauthorized Trail Use Citations Issued • No Citations issued Maintenance • Trash Pick-up (need lids) ABALONE COVE RESERVE Ranger Hotline Calls • Dog off Leash • Sea Lions on Beach • "Ruin" Gate Locked • Memorial at lnspriation Point • Fuel Pump found • Access to Beach 16 Rancho Palos Verdes Contract C-Inv# 1415 .03 ABALONE COVE RESERVE cont' • People crossing around point Citations Issued (7) • Dog off Leash (Sea Dalia) • Unauthorized Vehicle (Beach School) • Alcohol on Beach -3 (No Bail Schedule) • Nudity -2 (Sacred Cove) Maintenance • Remove graffiti on Port-a-Potty and signs (pictures on file) • Removed rope attached to fencing at Abalone Cave Trail (pictures on file) • Report fencing repair on the Abalone Loop Trail (pictures on file) Page 3 Abalone Cove has seen an increase in usage and Rangers at the direction of the "City" monitor Sacred Cove, especially during high tide events. There has been an increase in graffiti and scheduled after hour patrols will be assigned as we get closer to summer. We received several calls and questions regarding the sea lions on the beaches. OCEAN TRAILS RESERVE <including Founders Park I RPV Beach) Ranger Hotline Calls • Spraying blue/green along roadside near Trump Golf (forward info to Public Works) • Sea Lion • Rattlesnake on trail Citations Issued (2) • Dog on Beach -2 Maintenance • Pick-up litter in La Rotunda parking lot Paragliders returned to the bluffs and additional signage is recommended for the top of the bluffs (take-off spot) and behind the lifeguard stand on RPV Beach (landing and spur trail up to take-off spot). Dogs off leash and on beach continue to be an issue. VICENTE BLUFFS RESERVE Ranger Hotline Calls • No calls Citations Issued (3) • Fishing without License -2 (Pelican Cove) • Unlawful Take -(Pelican Cove) Maintenance • Pick-up litter There has been an increase in fishing activity in Pelican Cove. We are monitoring the unauthorized beach access by fisherman and divers. Rangers are being approached by divers inquiring where to access beaches since installation of "Area Closed -No Beach Access" signs along Seascape Trail. 17 Rancho Palos Verdes Contract C-Inv#l415.03 SAN RAMON RESERVE Ranger Hotline Calls • No Calls Citations Issued (2) • Dogs Off Leash - 2 Maintenance • Pick-up Litter at Overlooks (trash cans need lids) Page4 Rangers are monitoring the bike jumps in the reserve and there is evidence they are rebuilding in same location. There is a new spur trail being used primarily by hikers because is a safer and easier trail to access the reserve at the top of Palos Verdes Drive East. (pictures on file) We recommend developing a plan to create a sustainable trail head the reserve. We are monitoring the increased activity in the debris basin of San Ramon Canyon and periodically checking for graffiti. THREE SISTERS RESERVE Ranger Hotline Calls • No Calls Citations Issued • No Citations Maintenance • No Maintenance MISC RANGER HOTLINE CALLS • Film Permit info • Smoking at Ladera Linda • Archery Range Info • Bow and Arrow trail covered in gravel • Directions to trails • Where to fish INTERPRETATIVE PROGRAMS • Junior Ranger Programs o January 31 -Program Orientation (Forrestal Reserve) o February 21 -Geology and Palos Verdes Landslide History and Exploration (Portuguese Bend Reserve) o March 21 -Bees, Bugs and Birds: Learn animal tracking and bird watching skills, finding clues about the wildlife living in the hills. • Ranger-led Night Hike: Sounds of the Preserve at night and learn about the nocturnal animals 18 Rancho Palos Verdes Contract C-Inv#l415.03 Page 5 Administrative I Meetings • Volunteer Trail Watch (VTW) o Training • MRCA Ranger's role and activities • RPV City Rules and Regulations • Signage & Trail Designation • Importance of VTW data • Communication procedures/Who to call for different scenarios • Hot spots in Preserves • Scenarios/Persuasive Communications • PVPLC/CITY Preserve Management Monthly Team Meetings o Falconry I Hunting in the Preserves (Three Sisters) o Unauthorized Vehicles accessing PrivatejCountyJCity of LA property adjacent to San Ramon/Rancho Palos Verdes o Field meeting regarding private access to Preserves • The Marine Protected Area Collaborative Implementation Project (MPA CIP) and the California Department of Fish and Wildlife (CDFW): MPA training for law enforcement officers and allied agencies. The goal was to provide peace officers and uniformed personnel with citation authority with information to assist CDFW wildlife officers in enforcing and gaining compliance of MPA regulations. There has been an overall increase in usage in the Preserves due to social media (i.e. YouTube, Facebook, Trip Advisor and Yelp). It is very important that we proctect the habitat by addressing the needs of all of our users with good sustainable trail engineering wherever possible, education and when necessary enforcement. 19 DATE: July 30, 2015 MOUNTAINS RECREATION & CONSERVATION AUTHORITY Franklin Canyon Park 2600 Franklin Canyon Drive Beverly Hills, California 90210 Phone (310) 858-7272 Fax (310) 858-7212 MEMORANDUM TO: Matt Waters, City of Rancho Palos Verdes FROM: Jewel Johnson, MRCA Supervising Ranger RE: RPV I MRCA Ranger Services Activity Report-lnv#1415.04 Palos Verdes Nature Preserve Activities • April -June 2015 549.5 Patrol Hours 19 Interpretative Hours • 8 Rangers patrolled the Preserves during this period PORTUGUESE BEND RESERVE 2 -Ranger Hotline Calls • Bike speed down Burma Trail • Dog off leash wandering on Peppertree Trail 11 -Citations Issued • Dog off leash (6) • False information to Peace Officer • Unauthorized trail use (Bike) • Area Closed (Hikers -3) Maintenance • Pick up litter along trail The trail markers at Ishibashi Farm Trail are confusing. "No Bike" and "Bike allowed" trail markers are double stacked. (Pictures on file) Recommend researching trail options to slow down bike traffic at the end of Ishibashi Trail. (Pictures on file) A local public agency exercising joint powers of the Santa Monica Mountains Conservancy, the Conejo Recreation & Park District, And the Rancho Simi Recreation & Park District pursuant to Section 6500 et seq. of the Government Code. 20 Rancho Palos Verdes Contract C-Inv#l415.04 FILIORUM RESERVE 3 -Ranger Hotline Calls • Ford Trail (Confused by Trai! End Sign) • Dog distressed on trail Citations Issued • None Page 2 There has been an increase in usage and Rangers continue to recommend clarifying trail system. The lack of adequate signage continues to be an issue on the Eucalyptus {pictures on file), Pony and Ford trails. The lack of adequate signage allows the user to go onto private property and create spur trails. Rangers are monitoring an unauthorized equestrian trail system off Vanderlip and Gary's Gulch trail. FORRESTALRESERVE 3 -Ranger Hotline Calls • Raccoon in box • Hikers off Trail • Overnight Camping inquiry Citations Issued • None Maintenance • Litter pick-up ABALONE COVE RESERVE 19 -Ranger Hotline Calls • Legal Fishing Areas (4) • Poaching • Sea Lion (6) • Hours Open (4) • Erosion • Hiking Trails • Commercial Film Permit • Unauthorized Trail Use (Sacred Cove Trail) 8 -Citations Issued • Dog Off Leash (2) • Dog on Beach (4) • Fishing without License (2) Maintenance • Abalone Cove o Graffiti Removal (pictures on file) • Litter pick-up First Aid • First responder to two distressed swimmers 21 Rancho Palos Verdes Contract C-Inv#1415.04 OCEAN TRAILS RESEVE (including Founders Park I RPV Beach) 6 -Ranger Hotline Calls • Parasail (3) • Sea Lion • Fishing inquiry (2) 1 -Citations Issued • Dog on Beach Maintenance • Clean up trash at bottom of Sunset Trail (pictures on file) First Aid • First responder to injured hiker on Sunset Trail Page 3 Paragliders returned to the bluffs and additional signage recommended for the top of the bluffs (take-off spot) and behind the lifeguard stand on RPV Beach (landing and spur trail up to take-off spot). VICENTE BLUFFS RESERVE 1 -Ranger Hotline Calls • No dog bags Citations Issued • None Fishermen continue to access fishing areas on unauthorized trails off Seascape Trail. SAN RAMON RESERVE 0 -Ranger Hotline Calls Citations Issued • None Maintenance • Empty overflowing trashcans and pick up litter at overlook. • Remove unknown locks off gates to San Ramon Canyon and label City Locks. (Pictures on file) Monitor trails for new bike jumps. Hikers have created trail to access Reserve due to the steep grade and erosion at authorized trailhead. THREE SISTERS RESERVE 1 -Ranger Hotline Calls • Commercial Dog Walker Citations Issued None There were no trail markers on Mccarrell Canyon Trail at McBride Trail. The current signage identifies Reserve as Filiorum Reserve. (Pictures on file) MISC RANGER HOTLINE CALLS 22 Rancho Palos Verdes Contract C-Inv#1415.04 Page4 4 -Ranger Hotline Calls • Broken Sprinklers at Del Cerro Park • BBQ in Park at Del Cerro Park • Sea Lions (2) at Terrana Resort INTERPRETATIVE PROGRAMS JUNIOR RANGER PROGRAM • TRAIL SAFETY SKILLS • TIDE POOL ADVENTURES AND WHALE WATCHING • GRADUATION Administrative I Meetings • PVPLC/CITY Preserve Management Monthly Team Meetings • Abalone Cove Safety Task Force Meeting 23 rAtOS VER DES NNINSULA PRESERVING LAND AND RES T OR I NG HABITAT FOR THE EDUCATION AND ENJOYMENT OF ALL July31,2015 Cory Linder, Director, Recreation and Parks City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 Subject: Enhancing Parks and Open Space Operations Dear Cory, We appreciate the recent staff and council support that was granted on July2 I, 2015 toward the expansion of services to address trash and graffiti removal in Parks as well as the Palos Verdes Nature Preserve. The current recommendation to the Rancho Palos Verdes City Council to enhance parks and open space maintenance does not include any specific provisions for the Palos Verdes Nature Preserve. One of the identified tasks in the RPV staff report of additional staff for the parks and open spaces would be to assist with graffiti removal, enforce park rules, educate the public about the appropriate use of parks and open space areas and provide higher levels of responsiveness to public complaints or concerns. Each of these elements is very much needed in the Palos Verdes Nature Preserve and falls within the City's purview to provide. We urge that there be consideration and approval of increased staffing at the Palos Verdes Nature Preserve. Supporting the need for staffing enhancements, data collected from the volunteer trail watch participants from October 2013-August 2014 show us that there were 95 reports of things such as defacing or removing signs, littering, vandalism and poaching. There were 142 observations of dogs off leash and not picking up dog waste. There were 203 observations of off-trail users, new trail creation or damage of the existing trail and habitat. This remains a current state as the first seven months of this year, from January-July show I 02 reports of vandalism and I 06 reports of dogs off leash and not picking up dog waste. There were 362 observations of off-trail users, new trail creation or damage of the existing trail and habitat. In addition, five reports of smoking or evidence of smoking. The Land Conservancy remains extremely committed, through community fundraising and great volunteer support toward helping the City meet and exceed its conservation obligations in the Palos Verdes Nature Preserve by proving the required habitat restoration, protocol level bird surveys, covered plant surveys, monitoring and management reports, invasive plant control, and trail signage. We spend about $500,000 a year toward these projects for the Palos Verdes Nature Preserve and provide the dollar equivalent of $212,000 in volunteer time specific to the Preserve. While the Land Conservancy is often referred to as the manager of the Palos Verdes Nature Preserve, I would like to clarify that this represents the habitat 916 SILVER SPUR ROAD# 207 . ROLLING HILLS ESTATES. CA 90274-3826 T 310.541.7613 WWW.PVPLC .ORG 24 management and species management as well as other specified tasks, but does not mean the overall management of the site for enforcement of Preserve rules, waste removal, etc. Over the past couple of years we have expanded our support of the Palos Verdes Nature Preserve to address some gap areas. We have provided a staff person dedicated to the implementation of the City's trail plan as well as launched a volunteer trail watch program dedicated to serve as eyes and ears of the City of Rancho Palos Verdes and the Land ~ Conservancy with a view to I) protect the natural resources of the Palos Verdes Nature Preserve, including the flora and fauna as well as the geology, topography and scenic landscape, and 2) enhance the safety of, and promote an enjoyable experience for all Preserve visitors. The increased staffing in the Preserves will support what the C ity has committed to provide. Namely: public services, preserve safety, security, sanitation and maintenance. These foundational elements are critical to the success of the Preserve. Sincerely, Andrea Vona, Executive Director Palos Verdes Peninsula Land Co nservancy cc: Doug Willmore, City Manager RPV City Council A few recent photos from the Preserve 916 SILVER SPUR ROAD# 2 07 . ROLLING HILLS ESTATES. CA 90274-3826 T 310.541.7623 WWW.PVPLC.ORG 25 916 SILVER SPUR ROAD# 207. ROLLING HILLS ESTATES. CA 90274-3826 T 310.541.7623 WWW.PVPLC.ORG 26 916 SILVER SPUR ROAD# 207. ROLLING HILLS ESTATES. CA 90274-3826 T 310.54 1.7623 WWW.PVPLC.ORG 27 CITY OF RANCHO PALOS VERDES AGREEMENT FOR SERVICES This Agreement is made on this l~ay of June, 2014, by and between the City of Rancho Palos Verdes, (hereinafter referred to as the "CITY") and the Mountains Recreation and Conservation Authority {hereinafter referred to as "MRCA"). RECITALS A. The CITY proposes to contract for professional services as outlined below; B. MRCA is willing to perform such services and has the necessary qualifications by reason of experience, preparation, and organization to provide such services; C. NOW, THEREFORE, the CITY and MRCA mutually agree as follows: 1. SERVICES. MRCA shall perform those services set forth in "Exhibit A." which is attached hereto and incorporated herein by reference. 2. TERM OF AGREEMENT. The term of this agreement shall commence on July 1, 2014 and shall expire on June 30, 2015. This agreement may be extended for two additional one-year terms, upon the mutual written consent of both parties. 3. PAYMENT FOR SERVICES. CITY agrees to compensate MRCA for the services described in Exhibit A. MRCA shall be paid within thirty (30) days of presentation of an invoice to the CITY for services performed to the CITY's satisfaction. MRCA shall submit invoices quarterly describing the services performed, the date services were performed, a description of reimbursable costs, and any other information requested by the CITY. 4. CONTRACT ADMINISTRATION. 4.1. The CITY's Representative. Unless otherwise designated in writing, Recreation and Parks Administrative Analyst Katie Lozano shall serve as the CITY'S representative for the administration of the contract. All activities performed by MRCA shall be coordinated with this person. 4.2. Manager-in-Charge. For MRCA, Senior Ranger Jewel Johnson shall be in charge of all matters relating to this Agreement. The Manager-in- Charge shall not be replaced without the written consent of the CITY. 4.3. Responsibilities of the CITY. The CITY shall provide all relevant documentation in its possession to MRCA upon request, in order to minimize duplication of efforts. The CITY's staff shall work with MRCA as necessary to facilitate performance of the services. 4.4. Personnel. MRCA represents that it has or will secure at its own expense all personnel required to perform the services under this 1716071V3 Page 1 of 11 28 CITY OF RANCHO PALOS VERDES AGREEMENT FOR SERVICES Agreement. All of the services required under this Agreement will be performed by MRCA or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. MRCA reserves the right to determine the assignment of its own employees to the performance of MRCA's services under this Agreement, but the CITY reserves the right, for good cause, to require MRCA to exclude any employee from performing services on the CITY's premises. 5. TERMINATION. 5.1. Termination for Convenience. Either party may terminate this Agreement without cause and in its sole discretion at any time by giving the other party thirty (30) days' prior written notice of such termination. In the event of such termination, MRCA shall cease services as of the date of termination and shall be compensated for services performed to the CITY's satisfaction up to the date of termination. 5.2. Termination for Cause. All terms, provisions, and specifications of this Agreement are material and binding, and failure to perform any material portion of the work described herein shall be considered a breach of this Agreement. Should the Agreement be breached in any manner, and should MRCA fail to promptly cure such breach, the CITY may, at its option, terminate the Agreement not less than five (5) days after written notification is received by MRCA. 6. INDEMNIFICATION. 6.1. CITY shall indemnify, defend with counsel approved by MRCA, and hold harmless MRCA, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorney's fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with a third party claim that is caused by the sole negligence or willful misconduct of the CITY, and which does not arise from MRCA's performance of work hereunder. Should MRCA in its reasonable discretion find CITY'S legal counsel unacceptable, then CITY shall reimburse the MRCA its costs of defense, including without limitation, reasonable attorney's fees, expert fees and all other costs and fees of litigation. CITY shall promptly pay any final judgment rendered against MRCA (and its officers, officials, employees and volunteers) covered by this indemnity obligation. 6.2. MRCA shall indemnify, defend with counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorney's fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with a third party claim related to MRCA's performance of 1716071V3 Page 2 of 11 29 CITY OF RANCHO PALOS VERDES AGREEMENT FOR SERVICES work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT including negligence or willful misconduct, except to the extent that such loss or damage is caused by the sole negligence or willful misconduct of the CITY. Should CITY in its reasonable discretion find MRCA'S legal counsel unacceptable, then MRCA shall reimburse the CITY its costs of defense, including without limitation, reasonable attorney's fees, expert fees and all other costs and fees of litigation. MRCA shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. 7. INSURANCE REQUIREMENTS. 7.1. MRCA, at MRCA's own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies: 7.1.1. Workers' Compensation Coverage. MRCA shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for its employees in accordance with the laws of the State of California. In addition, MRCA shall require any and every subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non- renewal of all Workers' Compensation policies must be received by the CITY at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, agents, employees, and volunteers for losses arising from work performed by MRCA for City. 7.1.2. General Liability Coverage. MRCA shall maintain commercial general liability insurance in an amount of not less than one million dollars ($1 ,000,000) per occurrence, for bodily injury, personal injury, and property damage. 7.1.3. Automobile Liability Coverage. MRCA shall maintain automobile liability insurance covering bodily injury and property damage for all owned, hired, and non-owned vehicles, in an amount of not less than one million dollars ($1 ,000,000) combined single limit for each occurrence. If MRCA's employees will use personal autos in any way on this project, MRCA shall obtain evidence of personal auto liability coverage for each such person. 1716071V3 Page 3 of 11 30 CITY OF RANCHO PALOS VERDES AGREEMENT FOR SERVICES 7.2. Endorsements. All liability insurance policies shall be issued by insurers that are authorized or admitted to do business in the State of California possessing a Best's rating of no less than A-:Vll. MRCA agrees to have its insurers endorse the third party general liability coverage required herein to include as additional insured's the CITY, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992 or similarly-worded endorsement. MRCA also agrees to require all contractors, and subcontractors to do likewise. 7.2.1. All coverage shall be considered primary insurance as respects the CITY, its elected or appointed officers, officials, employees, agents, and volunteers. Any insurance maintained by the CITY, including any self-insured retention the CITY may have, shall be considered excess insurance only and shall not contribute with this policy. 7.2.2. MRCA acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amounts of coverage required. Any insurance proceeds available to the CITY in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to the CITY. 7.2.3. The insurer waives all rights of subrogation against the CITY, its elected or appointed officers, officials, employees, or agents regardless of the applicability of any insurance proceeds, and agrees to require all subcontractors to do likewise. A Waiver of Subrogation Endorsement in favor of the CITY is required. 7.2.4. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, its elected or appointed officers, officials, employees, agents, or volunteers. 7.2.5. The insurance provided by this policy shall not be suspended, voided or reduced in coverage or in limits except after thirty (30) days' written notice has been submitted to the CITY and approved of in writing, except in the case of cancellation, for which ten (10) days' written notice shall be provided. 7.2.6. MRCA agrees to provide immediate notice to CITY of any claim or loss against MRCA arising out of the work performed under this agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY. 1716071V3 Page 4 of 11 31 CITY OF RANCHO PALOS VERDES AGREEMENT FOR SERVICES 7.3. CITY may include such amounts as damages in any action against Owner for breach of this Agreement in addition to any other damages incurred by City due to the breach." 7.4. Certificates of Insurance. MRCA shall provide certificates of insurance to the CITY as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the CITY on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the CITY at all times during the term of this Agreement. MRCA shall provide written evidence of current automobile coverage to comply with the automobile insurance requirement. 7.5. Failure to Procure Insurance. Failure on the part of MRCA to procure or maintain required insurance shall constitute a material breach of contract under which the CITY may terminate this Agreement pursuant to Section 5.2 above. 8. ASSIGNMENT AND SUBCONTRACTING. The parties recognize that a substantial inducement to the CITY for entering into this Agreement is the professional reputation, experience, and competence of MRCA. Assignments of any or all rights, duties, or obligations of MRCA under this Agreement will be permitted only with the express consent of the CITY. MRCA shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the CITY. If the CITY consents to such subcontract, MRCA shall be fully responsible to the CITY for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between the CITY and subcontractor nor shall it create any obligation on the part of the CITY to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 9. COMPLIANCE WITH LAWS, CODES, ORDINANCES, AND REGULATIONS. MRCA shall use the standard of care in its profession to comply with all applicable federal, state, and local laws, codes, ordinances, and regulations. 9.1. Taxes. MRCA agrees to pay all required taxes on MRCA's net income under this Agreement, and to indemnify and hold the CITY harmless from any and all taxes, assessments, penalties, and interest asserted against the CITY by reason of the independent contractor relationship created by this Agreement. CITY, unless exempt, is responsible for all sales and use tax applicable to the services provided hereunder. In the event that the CITY is audited by any Federal or State agency regarding the independent contractor status of MRCA and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between the CITY and MRCA, then MRCA agrees to reimburse the CITY for all costs, including accounting and attorneys' fees, arising out of such audit and any appeals relating thereto. 1116011v3 Page 5 of 11 32 CITY OF RANCHO PALOS VERDES AGREEMENT FOR SERVICES 9.2. Workers' Compensation Law. MRCA shall fully comply with the workers' compensation law regarding MRCA and MRCA's employees. MRCA further agrees to indemnify and hold the CITY harmless from any failure of MRCA to comply with applicable workers' compensation laws. The CITY shall have the right to offset against the amount of any compensation due to MRCA under this Agreement any amount due to the CITY from MRCA as a result of MRCA's failure to promptly pay to the CITY any reimbursement or indemnification arising under this Section. 9.3. Licenses. MRCA represents and warrants to the CITY that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of MRCA to practice its profession. MRCA represents and warrants to the CITY that MRCA shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance, and approvals which are legally required of MRCA to practice its profession. MRCA shall maintain a City of Rancho Palos Verdes business license, if required under CITY ordinance. 10. CONFLICT OF INTEREST. MRCA confirms that it has no financial, contractual, or other interest or obligation that conflicts with or is harmful to performance of its obligations under this Agreement. MRCA shall not during the term of this Agreement knowingly obtain such an interest or incur such an obligation, nor shall it employ or subcontract with any person for performance of this Agreement who has such incompatible interest or obligation. 11. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY. MRCA represents and agrees that it does not and will not discriminate against any employee or applicant for employment because of race, religion, color, national origin, sex, sexual orientation, gender identity, political affiliation or opinion, medical condition, or pregnancy or pregnancy-related condition. MRCA will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, religion, color, national origin, sex, sexual orientation, gender identity, political affiliation or opinion, medical condition, or pregnancy or pregnancy-related condition. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. MRCA agrees to include in all solicitations or advertisements for employment and to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 12. RECORDS AND AUDITS. MRCA shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as 1716071V3 Page 6 of 11 33 CITY OF RANCHO PALOS VERDES AGREEMENT FOR SERVICES may be deemed necessary by the CITY or any authorized representative. All records shall be made available at the request of the CITY, with reasonable notice, during regular business hours, and shall be retained by MRCA for a period of three years after the expiration of this Agreement. 13. OWNERSHIP OF DOCUMENTS. It is understood and agreed that the CITY shall own all final documents and other work product of MRCA, except MRCA's notes and work papers, which pertain to the work performed under this Agreement. The CITY shall have the sole right to use such materials in its discretion and without further compensation to MRCA, but any re-use of such documents by the CITY on any other project without prior written consent of MRCA shall be at the sole risk of the CITY. MRCA shall at its sole expense provide all such documents to the CITY upon request. 14. INDEPENDENT CONTRACTOR. MRCA is and shall at all times remain as to the CITY a wholly independent contractor. Neither the CITY nor any of its agents shall have control over the conduct of MRCA or any of MRCA's employees or agents, except as herein set forth. MRCA shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of the CITY. MRCA shall have no power to incur any debt, obligation, or liability on behalf of the CITY or otherwise act on behalf of the CITY as an agent. 15. NOTICE. All Notices permitted or required under this Agreement shall be in writing, and shall be deemed made when delivered to the applicable party's representative as provided in this Agreement. Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose. 1716071V3 Such notices shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable address. CITY OF RANCHO PALOS VERDES 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Attention: Administrative Analyst Katie Lozano MRCA: Page 7of11 34 CITY OF RANCHO PALOS VERDES AGREEMENT FOR SERVICES Mountains Recreation and Conservation Authority Los Angeles River Center & Gardens 570 West Avenue Twenty-Six, Suite 100 Los Angeles, CA 90065 Attention: Senior Ranger Jewel Johnson 16. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 17. ENTIRE AGREEMENT; MODIFICATION. This Agreement supersedes any and all other agreements, either oral or written, between the parties, and contains all of the covenants and agreements between the parties. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by any party, or anyone acting on behalf of any party that are not embodied herein. Any agreement, statement, or promise not contained in the Agreement, and any modification to the Agreement, will be effective only if signed by both parties. 18. WAIVER. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this agreement. Payment of any invoice by the CITY shall not constitute a waiver of the CITY's right to obtain correction or replacement of any defective or noncompliant work product. 19. EXECUTION. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 20. AUTHORITY TO ENTER AGREEMENT. MRCA has all requisite power and authority to conduct its business and to execute, deliver, and perform this Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. 1716071V3 Page 8 of 11 35 CITY OF RANCHO PALOS VERDES AGREEMENT FOR SERVICES IN WITNESS WHEREOF, the parties have executed this Agreement as of the 17th day of June, 2014. MRCA: By:~~ ~M~~ ~tc; Dffi'c.ar- ATIEST: Carla Morreale, City Clerk 1716071V3 Page 9of11 36 CITY OF RANCHO PALOS VERDES AGREEMENT FOR SERVICES Exhibit A Scope of Services: Term of Agreement: July 1, 2014 -June 30, 2015 MRCA will provide up to 50 hours per week of Ranger patrol and other duties assigned in the Palos Verdes Nature Preserve. Rangers will enforce the City of Rancho Palos Verdes Ordinances and/or MRCA Ordinances to provide park and resource protection for these properties at the direction of the City. Special directed patrols, administrative and court related expenses are included within the contract hours or shall be billed separately at the direction of the City. Emergency callouts, over and above the routine patrol hours are billed at actual costs. MRCA may bill the City for 1.5 hours of drive time per ranger shift. Rangers carry firefighting equipment in their vehicles to extinguish small fires. Maintenance duties will include trash removal, graffiti removal, and abatement of minor hazards. MRCA will provide a total of 750 hours of Ranger-led interpretative programs per year. The hours include, but are not limited to the development, preparation, and delivery of interpretative programs. Compensation: The City agrees to compensate MRCA for services rendered based on an Hourly Rate of $63.59, including vehicle and related personnel expenses. Based upon an average of 55 hours of services per week, the Maximum Annual Fee shall be $185,000 for the year beginning July 1, 2014 and ending June 30, 2015. If this contract is extended beyond June 30, 2015, as provided in Section 2, the Hourly Rate shall be adjusted, effective July 1, 2015, and July 1, 2016, based upon the annual change of the Consumer Price Index, All Items, for All Urban Consumers, Los Angeles- Riverside-Orange County as published by the US Department of Labor, Bureau of Labor Statistics for February 2015 and February 2016, respectively. Fuel Surcharge: In the event retail gas prices exceed $4.00 per gallon on any Monday of a week during the term of this Agreement, as determined in accordance with the weekly retail gas price, Gasoline -All Grades, Los Angeles area, as published by the US Energy Information Administration, MRCA may elect to impose a weekly fuel surcharge for that week as follows: When weekly retail gasoline prices (Gasoline -All Grades) exceeds $4.00 ........ $15.00 When weekly retail gasoline prices (Gasoline -All Grades) exceeds $4.50 ........ $30.00 1716071V3 Page 10of11 37 CITY OF RANCHO PALOS VERDES AGREEMENT FOR SERVICES When weekly retail gasoline prices (Gasoline -All Grades) exceeds $5.50 ........ $45.00 Billing: reports 1716071V3 The MRCA will invoice on a quarterly basis, providing status with each payment request. Page 11 of 11 38 First Amendment to Agreement between the City of Rancho Palos Verdes and The Mountains Recreation and Conservation Authority This agreement is the first amendment ("Amendment") to the agreement between the City of Rancho Palos Verdes ("CITY") and the Mountains Recreation and Conservation Authority ("MRCA"), which became effective on July 1, 2014 ("Agreement"). Section 1. Section 2 of the Agreement, entitled Term of Agreement, is hereby amended to read as follows: "TERM OF AGREEMENT. The term of this agreement shall commence on July 1, 2014 and shall expire on June 30, 2016. This agreement may be extended for one additional term, upon the mutual written consent of both parties." Section 2. Exhibit "A" of the Agreement is hereby amended by amending the term set forth therein to read: "Term of Agreement: July 1, 2014 -June 30, 2016" Section 4. Except as expressly amended by this Amendment, all of the other provisions of the Agreement shall remain in full force and effect as written in the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of May 19, 2015. R6876-0001\1836077v1 .doc The Mountains Recreation and Conservation Authority By:~~ Its Printed Name: ().,r,i., M evlA/ ~ tJ((,< c;.-. Its Printed Name: ~~~~~~~~- 39 ATTEST: C By. Ult&-7Jz~1lUA City Clerk R6876-0001\1836077v1 .doc 40