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Item 5 - Reso Approving Joint Exercise of Powers Agmt Among the County for Operation and Maint.of Goodan RanchNovember 17, 2020, Item #5DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway November 17, 2020 Honorable Mayor and Members of the City Council Wendy Kaserman, Assistant City Manager Belinda Romero, Community Services Manager (858) 668-4592 CITY COUNCIL Resolution Approving the Joint Exercise of Powers Agreement Among the County of San Diego, State of California, Cities of Poway and Santee for the Operation and Maintenance of Goodan Ranch Regional Park The County of San Diego, State of California Department of Fish and Wildlife, and the cities of Poway and Santee have joint authority over the Goodan Ranch Regional Park. The existing Joint Exercise of Powers Agreement has expired, and a new Agreement has been drafted for continuing operation of the park. Recommended Action: It is recommended that the City Council adopt the resolution approving the Joint Exercise of Powers Agreement Among the County of San Diego, State of California, Cities of Poway and Santee for the Operation and Maintenance of Goodan Ranch Regional Park, and authorize the City Manager to execute all necessary documents associated with the Agreement. Discussion: In 1991, the County of San Diego, State of California, and the cities of Poway and Santee acquired the 321-acre Goodan Ranch (location shown in Attachment A) with the intention of preserving the property as open space and operating it as a regional park. In 1995 all parties signed a Joint Exercise of Powers Agreement for the planning, design, and operation of the park. The park has operated under that Agreement since that time with a property management plan that designated the County as the lead agency. Because the 1995 Agreement has now expired, a new Agreement has been drafted. Under this new Agreement, the County would remain the lead agency responsible for the planning, design, and operation of the park and administration of the Agreement. As in the previous Agreement, there would be a Policy Committee consisting of one elected representative appointed by each of the governing bodies of the County, the City of Poway, and the City of Santee, as well as a representative 1 of 11 November 17, 2020, Item #5from the State of California Department of Fish and Wildlife. The Land Management Plan approved by the Goodan Ranch Policy Committee in 1999 is no longer valid and will be replaced by a Resource Management Plan drafted by the County after approval by the Policy Committee. This Resource Management Plan will be amended over time to address changing conditions in the park. Any amendments to the Resource Management Plan that affect the park must be approved by the Policy Committee. The County would be responsible for operation of the park, and may request funding, but the other agencies, including the City of Poway, are not obligated to contribute funds. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: None. Public Notification: None. Attachments: A. Location Map B. Resolution Approving the Joint Exercise of Powers Agreement C. Joint Exercise of Powers Agreement Reviewed/ Approved By: ~ ~ W~aserman Assistant City Manager 2 of 11 Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager November 17, 2020, Item #5G, · e Rd RANCHO E CA TADA 3 of 11 ood n Ranch Co ty P«1rk Shady , (67J Foster Eucalyptus HUis \\ w I Santee ATTACHMENT A November 17, 2020, Item #5RESOLUTION NO. 20-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING THE JOINT EXERCISE OF POWERS AGREEMENT AMONG THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, CITIES OF POWAY AND SANTEE FOR THE OPERATION AND MAINTENANCE OF GOODAN RANCH REGIONAL PARK WHEREAS, the County of San Diego, the State of California Department of Fish and Wildlife, and the Cities of Poway and Santee (hereinafter referred to as "Public Agencies") together acquired 321 acres in 1991 for the purpose of preserving open space and creating the Goodan Ranch Regional Park; WHEREAS, the Public Agencies executed a Joint Exercise of Powers Agreement in 1995 for the purpose of planning, design, and operation of the Goodan Ranch Regional Park; and WHEREAS, the original Joint Exercise of Powers Agreement has expired, and the Public Agencies now desire to execute the updated Agreement included in the staff report as Attachment C. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The City Council hereby approves the Joint Exercise of Powers Agreement Among the County of San Diego, State of California, Cities of Poway and Santee for the Operation and Maintenance of Goodan Ranch Regional Park and authorizes the City Manager to execute all necessary documents associated with the Agreement. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 17th day of November, 2020, by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Vaida Pavolas, CMC, City Clerk 4 of 11 ATTACHMENT B November 17, 2020, Item #5JOINT EXERCISE OF POWERS AGREEMENT AMONG THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, CITIES OF POWAY AND SANTEE FOR THE OPERATION AND MAINTENANCE OF GOODAN RANCH REGIONAL PARK This Joint Exercise of Powers Agreement (Agreement) is made and entered into as of the __ day of ______ , 2020 (Effective Date) by and among the City of Poway, a municipal corporation (City of Poway), the City of Santee, a municipal corporation (City of Santee), the State of California acting by and through the California Department of Fish and Wildlife (State or CDFW), and the County of San Diego, a political subdivision of the State of California (County,) and together with the City of Poway, the City of Santee, and CDFW hereinafter referred to individually sometimes as a Public Agency, and collectively as Public Agencies. WITNESS ETH WHEREAS, the Public Agencies are each empowered by law to acquire sites and to plan and design public facilities and appurtenances for park and open space purposes; and WHEREAS, the Public Agencies each own an undivided percentage interest in approximately 321 acres of real property located in the County of San Diego commonly known as the Goodan Ranch Regional Park (Park), which is described in Exhibit A, attached hereto and incorporated herein by this reference; and WHEREAS, the Public Agencies acquired the Park to create an area for habitat preservation and enhancement, passive recreation, and educational opportunities benefiting the public; and WHEREAS, after acquisition of the Park, the Public Agencies agreed to manage the Park pursuant to that certain Joint Exercise of Powers Agreement for the Operation and Maintenance of Goodan Ranch Regional Park dated November 7, 1995 (Original JEP A) and that certain Land Management Plan approved by the Goodan Ranch Policy and Operational Committees on July 23, 1999 (Original Plan); and WHEREAS, the Original Plan designated the County as the lead agency responsible for management of the Park in cooperation with the other Public Agencies; and WHEREAS, the Original Plan required the Park be managed in a manner consistent with the protection of certain wildlife and plant communities, including without limitation the protection of all threatened or endangered wildlife species which are known to, or may, exist at the Park; and 5 of 11 ATTACHMENT C November 17, 2020, Item #5WHEREAS, the Park is considered part of the Multiple Species Conservation Program, South County Subarea Plan; and WHEREAS, the Original JEP A has expired and the Original Plan is no longer in effect; and WHEREAS, the Public Agencies now desire to enter into this Agreement to ( among other things) update the duties of the Public Agencies for the purpose of planning, design, and operation of the Park in accordance with the Resource Management Plan (RMP) for the Park; and WHEREAS, the Public Agencies wish to coordinate continued planning, design, operation, maintenance, and management of the Park for the benefit of their citizens and others by jointly exercising their common powers in the manner set forth in this Agreement; and WHEREAS, the Public Agencies wish to vest power in the County to draft and, after approval by the Policy Committee (defined below), implement a new RMP for the operation, management, and maintenance of the Park on behalf of the Public Agencies pursuant to the terms of the approved RMP and this Agreement; and WHEREAS, the Effective Date of this Agreement will be backdated to begin the day following the expiration date of the Original JEPA. NOW, THEREFORE, the Public Agencies, for and in consideration of the mutual benefits, promises, and agreements set forth herein agree as follows: SECTION 1. AUTHORITY; PURPOSE This Agreement is made pursuant to the provisions of Article 1, Chapter 5, Division 7, Title 1 of the Government Code of the State of California ( commencing with Section 6500, hereinafter referred to as the Act) relating to the joint exercise of powers common to public agencies. The Public Agencies possess the powers referred to in the above recitals. The purpose of this Agreement is for the Public Agencies to exercise their powers jointly by agreeing to the roles and responsibilities of the Public Agencies for the planning, design, maintenance, management, and operation of the Park, and to vest in the County the authority to plan, design, operate, maintain, and manage the Park. The County will continue to operate, manage and maintain the Property in a manner consistent with the RMP, and may request funding for the management, operations, maintenance, and development of the Park. The Public Agencies may, but are not obligated to, contribute funding to the County for such purposes. SECTION 2. TERM This Agreement shall become effective as of the Effective Date and shall continue in full force and effect for twenty-five (25) years from the Effective Date unless terminated by the Public Agencies pursuant to Section 7, Termination and Withdrawal. 6 of 11 November 17, 2020, Item #5SECTION 3. DESCRIPTION The real property to be planned, designed, maintained, managed, and operated pursuant to this Agreement shall be within the Park described on Exhibit A. SECTION 4. POLICY COMMITTEE The Public Agencies shall form a policy committee (Policy Committee) consisting of four (4) members: one representative appointed by each of the governing bodies of the County, the City of Poway, and the City of Santee, and one representative from CDFW. An alternate member shall also be appointed by each of the Public Agencies. For purposes of conducting business, a quorum of the Policy Committee will consist of three (3) members (each from a separate Public Agency). In the absence of a quorum, a single member present may move to adjourn. The Policy Committee will meet annually on the 2nd Thursday in May to review Park management, maintenance, and operation plans for the following year. SECTION 5. RESOURCE MANAGEMENT PLAN The Original Plan for the Park expired upon expiration of the Original JEPA. The Policy Committee shall approve the RMP for the Park. In accordance with the terms of this Agreement, the operation, management, maintenance, and preservation of the biological and cultural resources within the Park shall be guided by the approved RMP and this Agreement. Resource management plans are living documents that may be amended over time to address changes due to catastrophic events ( e.g. wildfires), to add newly observed species, and to add information for newly acquired property; provided however the Policy Committee must approve any amendment to the RMP that affects the Park. Exercise of joint powers by the Public Agencies pursuant to the terms of this Agreement is subject to the RMP. The controlling and most current version of the RMP will be maintained by the County, and can be found at www.sdparks.org or by request to the County in writing. SECTION 6. ADMINISTRATION Day-to-day administration of this Agreement, including preparation of agendas, maintenance of records, minutes and meeting, and conformance to other legally required processes pertaining to records, purchases, etc. shall be the responsibility of the County. Administration of this Agreement shall be provided on behalf of the State of California Department of Fish and Wildlife by the Region 5 Senior Biologist; on behalf of the County by the Director of the Department of Parks and Recreation; on behalf of the City of Poway by the City Manager; and on behalf of the City of Santee by the City Manager. SECTION 7. AGENCY TERMINATION AND WITHDRAW AL 7 of 11 A. Termination. This Agreement may be terminated by the mutual written consent of all of the Public Agencies; provided, however, the foregoing shall not be construed as limiting the rights of a Public Agency to withdraw from participation as described in Section 7(B). B. Withdrawal. Any Public Agency may withdraw from participation in this Agreement November 17, 2020, Item #5upon sixty (60) days prior written notification to the other Public Agencies, and this Agreement shall be amended to reflect the withdrawal. Any contributions made by the withdrawing Public Agency toward the development, operation, maintenance, management, and preservation of the Park shall be retained by the Park for those purposes. SECTION 8. GOVERNING LAW This Agreement shall in every respect be binding upon the Public Agencies and their respective successors and assigns. This Agreement shall be governed by the laws of the State of California. SECTION 9. PROVISIONS REQUIRED BYLAW Each and every provision of law and clause 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. SECTION 10. PARTIAL INVALIDITY If any provision of this Agreement or the application thereof to any person or circumstance 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. SECTION 11. EXECUTION This Agreement may be simultaneously executed in any number of counterparts, each of which when so executed shall be deemed to be an original, but all together shall constitute but one and the same Agreement, and it is also understood and agreed that separate counterparts of this Agreement may be separately executed by each of the City of Poway, City of Santee, State, and County, all with the same full force and effect as though the same counterpart has been executed simultaneously by each. SECTION 12. NOTICE Any notices and notices required or permitted to be given pursuant to this Agreement may be personally served on the other parties by the party giving such notice, or may be served on the other parties by the party giving such notice, or may be served by certified mail, return receipt requested, to the following address: State of California Ed Pert, Regional Manager California Department of Fish and Wildlife 3883 Ruffin Rd San Diego, CA 92123 8 of 11 County of San Diego Brian Albright, Director Department of Parks and Recreation 5500 Overland Ave, Suite 410 San Diego, CA 92123 November 17, 2020, Item #5(858) 467-4210 City of Poway Wendy Kaserman, Assistant City Manager City of Poway 13325 Civic Center Drive Poway, CA 92064 (858) 668-4501 SECTION 13. ENTIRE AGREEMENT; AMENDMENT (858) 565-3600 City of Santee Marlene Best, City Manager City of Santee 10601 Magnolia A venue Santee, CA 92071 (619) 258-4100 This Agreement contains the entire Agreement of the parties concerning the subject matter hereof and supersedes prior and contemporaneous negotiations, agreements, representations, and discussions, written or oral, relating thereto. This Agreement shall not be modified, except by written instrument executed by all the parties. Any reference to the Agreement includes any amendments, renewals or extensions now or hereafter approved by the parties in writing. CITY OF POWAY, a California municipal corporation Date: -------City Manager CITY OF SANTEE, a California municipal corporation Date: -------City Manager STATE OF CALIFORNIA acting by and through the CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE Date: -------Regional Manager COUNTY OF SAN DIEGO, a political subdivision of the State of California Date: -------Director of Department of Parks & Recreation 9 of 11 November 17, 2020, Item #5APPROVED AS TO FORM AND LEGALITY Office of County Counsel, Senior Deputy City Attorney City of Poway City Attorney City of Santee 10 of 11 Date: ______ _ Date: ______ _ Date: ------- November 17, 2020, Item #5EXHIBIT A LEGAL DESCRIPTION OF GOODAN RANCH REGIONAL PARK PARCEL 1: THE NORTHEAST QUARTER, THE WEST HALF OF THE SOUTHEAST QUARTER AND THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER IN SECTION 28, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED FEBRUARY 24, 1876. EXCEPTING FROM THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER THE WEST HALF OF THE SOUTHEAST QUARTER AND THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28, AN UNDIVIDED ONE-HALF INTEREST IN AND TO ALL OIL, GAS AND HYDROCARBON SUBSTANCES UNDER, IN OR ON THE ABOVE DESCRIBED PROPERTY AS RESERVED IN DEED FROM AMY F. KOCH, FORMERLY AMY F. HOLMES, AND HERBERT W. KOCH, HUSBAND AND WIFE, TO CHARLES BOOKPRINTER, DATED NOVEMBER 6, 1922 AND RECORDED NOVEMBER 13, 1922 IN BOOK 915, PAGE 178 OF DEEDS. PARCEL 2: ALL THOSE PORTIONS OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 2 IN TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF APPROVED FEBRUARY 24, 1876, LYING EASTERLY AND SOUTHEASTERLY OF THE CENTER LINE OF THE COUNTY ROAD AS SAID COUNTY ROAD IS REFERRED TO IN THE JUDGMENT AND DECREE IN CONDEMNATION ENTERED IN THE CASE OF THE UNITED STATES OF AMERICA VS. ARTHUR L. CORDEZ, ET AL. A CERTIFIED COPY OF WHICH JUDGMENT AND DECREE IS RECORDED IN BOOK 1588 PAGE 117 OF OFFICIAL RECORDS. 11 of 11