Item 8 - Agreement btwn. Fish & Game and City for Interpretive Svs at Blue Sky TO: Honorable ~,,ayor and Memb. er_s o~e City Cou
FROM: James L. Bowersox, City Ma~ir
INITIATED BY: John D. Fitch, Assistant City Manage~r'~'~'
Comm~lnl~ty
Robert
L.
Thomas, Director of Services~.~YT'~
DATE: January 17, 1995
SUBJECT: Agreement Between California Department of Fish and Game and City of Poway
for Interpretive Services at Blue Sky Ecological Reserve
ABSTRACT
It is recommended that the City Council approve the Agreement Between California
Department of Fish and Game and City of Poway for Interpretive Services at Blue Sky
Ecological Reserve {Attachment 1) and authorize the City Manager to execute the
agreement.
ENVIRONMENTAL REVIEW
This item is not subject to CEQA review.
FISCAL IMPACT
Sufficient City and State funds have been allocated to cover the staffing and related
operational costs at Blue Sky for the period of July 1, 1994 through June 30, 1995.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONOENCF
Additional notification sent to Patricia Wolf and Robert Copper.
RECOMMENDATION
It is recommended that the City Council approve the Agreement Between California
Department of Fish and Game and City of Poway for Interpretive Services at Blue Sky
Ecological Reserve and authorize the City Manager to execute the agreement.
ACTION
1 of 9 JAN 171995 I'rEM 8
- AGENDA REPORT
CITY OF POWAY
This report is included on the Consent Calendar. There will be no separate discussion of the report pdor to approval by the
City Counci~ unless members of the Council s~ff or public request it to be removed from the Consent Calendar and
discussed separately. If you wish to have this report pulled for discussion, please fill out a sllp indicating the report number
and give it to the City Clerk prior to the beginning of the City Council meeting.
TO: Honorable Mayor and Members.~r~e City Council
FROM: James L. Bowersox, City Man~
INITIATED BY: John D. Fitch, Assistant City ~itr~S
Robert L. Thomas, Director ofy ervices
DATE: January 17, 1995
SUBJECT: Agreement Between California Department of Fish and Game and
City of Poway for Interpretive Services at Blue Sky
Ecological Reserve
BACKGROUND
The State Department of Fish and Game stopped providing interpretive services
at Blue Sky Ecological Reserve on December 31, 1994. From January 1, 1995
until June 30, 1995, interpretive services at Blue Sky will be provided by a
County employee who is funded by the City of Poway.
In order to ensure continuation of interpretive services at Blue Sky
Ecological Reserve, it is necessary to execute an agreement specifying the
responsibilities of the City and the State for the period of July 1, 1994
through June 30, 1995.
FINDINGS
The agreement specifies that the State will be responsible for providing
interpretive services at Blue Sky Ecological Reserve from July 1, 1994 through
December 31, 1994, and the City shall provide interpretive services from
January 1, 1995 through June 30, 1995.
For the period of January 1, 1995 through June 30, 1995, the City is agreeing
to provide a comparable level of interpretive services as that previously
provided by the State. This would include the recruiting and training of
volunteers who assist the staff person in providing interpretive services at
Blue Sky.
ACTION:
2 of 9 JAN 1 ? 1995 ITEM 8
Agenda Report
January 17, 1995
Page 2
The agreement also requires the City to provide materials and labor to
construct an interpretive kiosk. The panels fo~ the kiosk will be provided by
the State and the State has secured SDG&E to complete the grading of the site.
The City Council has approved the allocation of $100,000 over a three year
period to provide interpretive services at Blue Sky Ecological Reserve. The
period from January 1, 1995 through June 30, 1995, will constitute the second
year of City funding.
The staffing for interpretive services previously provided by the State is now
being filled by a County employee. The County staff position will terminate
on June 30, 1995. Prior to that date, the City will be discussing with the
County and the State, options to continue professional interpretive services
at Blue Sky.
ENVIRONMENTAl REVIEW
This item is not subject to CEQA review.
FISCAL IMPACT
Sufficient City and State funds have been allocated to cover the staffing and
related operational costs at Blue Sky for the period of July 1, 1994 through
June 30, 1995.
- ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCF
Additional notification sent to Patricia Wolf and Robert Copper.
RECOMMENDATION
It is recommended that the City Council approve the Agreement Between
California Department of Fish and Game and City of Poway for Interpretive
Services at Blue Sky Ecological Reserve and authorize the City Manager to
execute the agreement.
JLB:JDF:RLT
Attachment
Agreement
(C: \DATA\AGENDA\ INTRPRET. AGR )
JAN1?1995 ITEM B
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3105905192 DFG REGIL."N 5 P~GE 0~
AGREEMENT BETWEEN
CALIFOR/qIA DEPARTMENT OF FISH AND GAME
AND CITY OF POWAY FOR
INTERPRETIVE SERVICES AT
BLUE SKY ECOLOGICAL RESERVE
This Agreement is made and entered into on this __ day of
, 19~4~" by and between the State of California,
acting through the State Department of Fish and Game, hereinafter
referred to as STATE, and the City of Poway, hereinafter referred
to as CITY.
WIT_N E S S__E T E
Whereas, there is in the County of San Diego, City of Poway,
a State area identified as Blue Sky Ecological Reserve,
hereinafter referred to as the Reserve, which includes property
acquired by the STATE, and COUNTY property included as Reserve by
COUNTY Resolution 6/12/90.
Whereas, the mission of the STATE is to manage California's
diverse fish, wildlife, and plant resources, and the habitats
upon which they depend, for their ecological values and for their
use and enjoyment by the public; and
Whereas this mission wi!l be promoted through interpretive
and educational program~ to schools, organizations, and the
public; and
Whereas, the CITY has shown interest in providing
interpretive programs at the Reserve; and
Whereas the STATE interpretive position will be eliminated
at the Reserve effective December 31, 1994;
Now therefore in consideration of the mutual covenants
hereinafter contained the parties hereto agree as follows:
1. The STATE and CITY each agree to provide 50% of funding
to staff one full-time interpreti~e%~ositi~n at the
Reserve for the period of July 1, 1994 through June 30,
1995.
a. The STATE agrees to staff a full-time Interpreter I
at the Reserve for the period of July 1, 1994
through December 31, 1994, and,
b. The STATE agrees to fund the total amount of the
actual costs to staff that position including
operating expense and salary accrued between
July I, 1994 and December 31, 1994.
JAN 1 ? 7995 ITEM 8
4 of 9 Attachment 3.
~i/10/19~5 i~:47 31059~519~ DFG REGION 5 P~GE ~3
- c. The CITY agrees to staff a full-time interpreter
position at the Reserve for the period of January
1, 1995 through June 30, 1995.
d. The CITY agrees to fund the total amount of the
actual costs to staff that position including
operating expense and salary between January 1,
1995 and June 30, 1995.
2. Between July 1, 1994 and December 31, 1994 the STATE
agrees to:
a. Prepare and provide to the CITY the "Blue Sky
Ecological Reserve Land Management Plan", and the
"Interpretive Prospectus".
b. Assist with a transition team to outline existing
programs, including educational and public tours
provided with existing volunteers.
c. Inventory and loan certain STATE-owned items for
interpretive use by the CITY at the Reserve for a
period to terminate June 30, 1995 or upon prior
termination of this agreement.
d. Store and make available to the CITY interpretive
- panels for installation into the kiosk during the
final stages of construction.
e. Apply through the CEQA process for authorization
for the placement of the kiosk at the Reserve.
f. Supervise the grading of the kiosk site by San
Diego Gas and Electric as agreed.
Provide added security to the Reserve by means of
locking the entrance of the Green valley Truck
Trail at Espoza Road. Inholder designatees will
have necessary access to the Reserve.
3. The STATE reserves the right to,
a. Determine the nature and type of service and
activities conducted on the Reserve.
b. Review publications, pamphlets, and other materials
(intended for use by the public) that interpret the
Reserve including; the habitats, wildlife,
ecological value, purpose, and mission of the STATE
5 of 9 JAN 1 ? 1995 ITEM 8
01/18/1~95 16:~? 3105~0519'2 DFG REGION 5 PAGE
in establishing ecological Reserves. STATE
interpretive services.will be the appropriate
contact, at the Region 5 office, 330 Golden Shore,
Long Beach, CA 90802.
Between January 1, 1995 and June 30, 1995, the CITY
agrees to:
a. Provide interpretation comparable to that
previously provided by the STATE, including public
tours and school and outreach programs.
b. Review and comply with the laws and regulations
established for Ecological Reserves within the Fish
and Game Code and California Administrative Code
Title 14. Review and comply with the STATE Reserve
land management plan and interpretive prospectus
for development of interpretive programs,
educational materials, and public use.
c. Inventory and be accountable for STATE equipment
and library on loan for a period to terminate
June 30, 1995 or upon prior termination of this
agreement.
d. Provide materials and labor to construct the
interpretive kiosk, including the foundation pad
and install the interpretive panels purchased by
the STATE. Maintain kiosk for the purpose of
promoting the Reserve, providing information about
habitats, and making pertinent handouts available
as appropriate.
e. Promote through tour lectures, handouts, and visual
aids the purpose of Ecological Reserves acquisition
of habitats and the mission and role of the
Wildlife Conservation Board and the STATE.
f. Accept responsibility for the volunteer program, to
include recruiting, training, providing insurance,
and directing the activi=ies of volunteers who
provide services at, or representative of the
Reserve.
g. Provide a uniform or insignia and name tag to be
worn by volunteers who come in contact with thc
public or conduct services a~ the Reserve.
h. Review the conduct of its employees/volunteers or
agents whose actions are considered by the CITY or
STATE to be inconsistent with the proper
administration of the Reserve, and shall take
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JAN 3.71995 IIE~ 8
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01/10/1995 16:~? 3105905192 DFG REGION 5 PAGE
-- actions as are necessary in a timely manner to
fully correc~ such conduct.
i. Remove any items, art work, displays, or other
objects, and/or cancel any activities deemed by the
STATE to be inappropriate for presentation in the
Reserve.
j. Assist with the protection and overall welfare of
the Reserve by notification of activities that may
adversely affect the site. Notifications shall be
to the STATE, Wildlife Management Division.
k. Direct the on-site interpreter to coordinate and
collect information by means of a "6-month Bicycle
Monitoring Program".
5. This agreement shall be in effect until June 30, 1995,
commencing on the date of final execution of this
agreement.
6. The STATE may terminate this agreement at any time
during the term hereof for reason of violation by the
CITY of the terms of this agreement, provided that the
STATE has given written notice to the CITY of the
nature of violation and ninety (90) days from such
notice have lapsed without the CITY's correction of
such violation.
7. The CITY may terminate ~his agreemen~ at any time
during the term hereof for reason of violation by ~he
STATE of the terms of this agreement, provided that the
CITY has given written notice to the STATE of the
nature of violation and ninety (90) days from such
notice have lapsed without the STATE's correction of
such violation.
8. All notices which may be given by either party to the
other shall be deemed to have been fully given when
made in writing and deposited in the United State mail,
certified and postage pre-paid, and addressed to the
CITY as follows: CITY of PQwa¥, ~.~.'-Box 789. Poway,
CA 92064, and to the STATE as follows: Department of
Fish and Game. 330 Golden Shore. Suite 50. Lonu ~each,
CA 90~Q~. The address to which the no=ices shall or
may be mailed as aforesaid may be changed by written
no~ice by one party to the other as hereinbefore
provided, but nothing contained herein shall preclude
the giving of such notice by personal service.
9. This agreement is not assignable by either party in
whole or in part without written consent of the other
7 of 9 JAN i ? 1995 ITEM 8
first had and obtained and any such assignment without
written consent of the other first had and obtained
shall be null and void.
10. The parties hereto agree that the CITY and any of its
agents and employees, in the performance of this
agreement, shall act in an independent capacity and not
as officers or employees of the STATE. No employee of
one party hereto shall be deemed the employee of the
other party hereto for compensation, liability, or any
other purpose.
11. The CITY agrees to indemnify and hold harmless the
STATE, its officers, agents, and employees from any and
all claims and losses to any person, firm, or
corporation arising out of the exercise by the CITY of
its rights and obligations under this agreement.
12. The STATE agrees to indemnify and hold harmless the
CITY, its officers, agents, and employees from any and
all claims and losses to any person, firm, or
corporation arising out of the exercise by the STATE of
its rights and obligations under this agreement.
13. This agreement shall be administered on behalf of the
CITY by the CITY Manager and on behalf
of the STA%E by the Regional Manager, Region 5,
Department of Fish and Game.
14. This agreement shall in ~very respect be binding upon
the parties herein and their respective successors and
assigns. This agreement shall be governed by the laws
of the STATE of California.
15. Each and every provision of law and clauses required by
law to be inserted in this agreement shall be deemed to
be inserted herein and the agreement shall be read and
enforced as though it were included herein, and if for
any reason any such provision is not inserted or is not
correctly stated, then upon application of either
party, the agreement shall forthwith be physically
amended to make such insertion or.correction.
16. If any provision of this agreement or the application
thereof to any person or circumstances shall to any
extent be invalid or unenforceable, the remainder of
this agreement, or the application of such provision to
persons or circumstances other than those as to which
it is invalid or unenforceable, shall not be affected
thereby, and each provision of this agreement shall be
valid and be enforced to the fullest extent permitted
by law.
JAN 1 ? 1995 8
. 80f9
81/18/1995 i6:~7 31059851'32 DFG REGIOb~ 5 PAGE 07
IN WITNESS W~EREoF, STATE OF CALIFORNIA, DEPARTMENT OF
-- FISH AND GAME, has caused this Agreement to be executed by its
Executive Officers, and the CI~"f has caused this Agreement to be
executed by its City Manager and attested to by its Clerk.
STATE OF C;uLIFORNIA
DEPARTMENT OF FISH AND GAME
Dated
_, 19~ B~
Richard Bernheimer
Deputy Director, Administrati¢
CITY OF POWAY
A political subdivision of the
County of San Diego
Dated
, 19___ By
James L. Bowersox, City Manage
ATTESTED TO:
Dated
· 19~ By
Marjorie K. Wahlsten
_ City Clerk
JAN 1 ? 1995 I']'i~ 8
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