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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 3of9 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 - 3 JAN 3.71995 IIE~ 8 6of9 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 9of9