County of San Diego - Goodan Ranch JEPA
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
This Joint Exercise of Powers Agreement (Agreement) is made and entered into as of the
8th November
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.
WITNESSETH
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 JEPA) 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
WHEREAS, the Park is considered part of the Multiple Species Conservation Program,
South County Subarea Plan; and
WHEREAS, the Original JEPA 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.
SECTION 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.
nd
The Policy Committee will meet annually on the 2 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 WITHDRAWAL
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
upon 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 BY LAW
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 County of San Diego
Ed Pert, Regional Manager Brian Albright, Director
California Department of Fish and Wildlife Department of Parks and Recreation
3883 Ruffin Rd 5500 Overland Ave, Suite 410
San Diego, CA 92123 San Diego, CA 92123
(858)467-4210(858)565-3600
City of Poway City of Santee
Wendy Kaserman, Assistant City Manager Marlene Best, City Manager
City of Poway City of Santee
13325 Civic Center Drive 10601 Magnolia Avenue
Poway, CA 92064 Santee, CA 92071
(858) 668-4501 (619) 258-4100
SECTION 13. ENTIRE AGREEMENT; AMENDMENT
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
APPROVED AS TO FORM AND LEGALITY
Date: _
Office of County Counsel, Senior Deputy
Date: _
City Attorney
City of Poway
Date: _
City Attorney
City of Santee
EXHIBIT 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.