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HomeMy WebLinkAbout2006/08/01 Item 16 COUNCIL AGENDA STATEMENT Item: 10 Meeting Date: 8/01/06 ITEM TITLE: Resolution of the City Council of the City of Chula Vista appropriating $100,000 to the Other Services Category of the FY 07 Planning and Building Department budget from the available balance of the General Fund for the purchase and construction of a Park Ranger station and related restroom facilities for the Otay Valley Regional Park, and authorizing the City Manager to pay these funds to the City of San Diego for that purpose. Director of Planning an~ild~j\)$ Director ofRecreation~ r' " /' City Manager /1 (4/5 Vote: Yes XNo ~ SUBMITTED BY: REVIEWED BY: Over the past decade the City of Chula Vista, along with the City of San Diego and the County of San Diego, have been assembling/maintaining land, and establishing guiding documents for the formation of the Otay Valley Regional Park (OVRP) under a Joint Exercise of Powers Agreement (JEPA), Through the JEPA, each jurisdiction has been contributing fair share funding for OVRP related costs as discussed in the report under Item A. Council is now being asked to appropriate $100,000, matching the same contribution from San Diego and the County, for the purchase and construction of a Park Ranger station and related restroom facilities for the OVRP. RECOMMENDATION: That Council: I) adopt the Resolution appropriating $100,000 to the Other Services Category of the FY 07 Planning and Building Department budget from the available balance of the General Fund for the purchase and construction of a Park Ranger station and related restroom facilities for the Otay Valley Regional Park; and, 2) authorize the City Manager to sign an agreement for the payment of funds to the City of San Diego for that purpose. BOARDS AND COMMISSION RECOMMENDATION: Not applicable. DISCUSSION: Background In 1990, the Cities of San Diego and Chula Vista joined together with the County of San Diego to sign a Joint Exercise of Powers Agreement (JEP A) for the planning and acquisition ofland to create the Otay Valley Regional Park (OVRP). In 2004, the Cities of Chula Vista, San Diego and the 16-1 Page No.2, Item: I " Meeting Date: 8/01106 County of San Diego collectively appropriated $200,000 ($67,667 each) toward the future purchase of a Park Ranger trailer for the OVRP. To minimize the interagency transfer of funds, and maintain a fair share approach, Chula Vista and San Diego each previously appropriated $100,000 for the trailer, with the County covering approximately $100,000 of costs toward fences, gates and other equipment (vehicle, tools, etc.). At that time, the establishment of an appropriate location for this temporary facility had not yet occurred; therefore these funds have been held on account. Since that time, plans for the construction of permanent trails and a staging area where the Park Ranger station will be located have been approved, and the project is expected to begin in September 2006. Appropriations Request The Policy Committee for the OVRP (made up of one representative from each agency's respective Councilor Board) has recommended that the Park Ranger station be a more permanent, vandalism- resistant facility providing the regional park a strong initial identity. In addition to the permanent Ranger station, restroom facilities are now also proposed. The cost estimate to construct the permanent ranger station and related restroom facilities has increased to a total of$500,000, versus the $200,000 previously appropriated for the temporary trailer facility. Therefore, as equal participants in establishment of the OVRP, each of the agencies are being asked to contribute an additional $100,000 to fund this $300,000 increase. This contribution, combined with the $100,000 previously appropriated by Council in CIP Account #PR254, and $100,000 currently in a holding account (payment from City of San Diego), will cover the $500,000 total cost of the new facilities. Decision Maker Conflicts Staff has reviewed the property holdings of the City Council and has found no such holdings within 500' of the property that is the subject of this action. FISCAL IMPACT: The total impact to the general fund is $100,000. These funds will be appropriated to the Other Expenses Category of the FY 07 Planning & Building Department Budget from the available balance of the General Fund, and paid through legal agreement to the City of San Diego for purchase and construction of the Park Ranger station and related restroom facilities. It is anticipated that in FY 07, after construction of the ranger station and related restroom facilities, a modification to the budget will likely be requested to account for the maintenance of these new facilities in a fair share division of costs. Attachments: 1. Draft Agreement 16-2 DRAFT AGREEl\1ENT BETWEEN THE CITY OF SAN DIEGO AND THE CITY OF CHULA VISTA FOR THE PURCHASE OF A RANGER ST A nON AND RESTROOM FACILITIES WHEREAS, the City of San Diego and the City of Chula Vista (Parties) both own and manage open space property in the Otay Valley Regional Park (OVRP); and WHEREAS, in 2004 the Cities ofChula Vista and San Diego each appropriated $100,000 toward the purchase of a park ranger trailer for the OVRP and the County of San Diego appropriated $100,000 for fences, gates and equipment associated with management ofthe OVRP; and WHEREAS, the Cities ofChula Vista and San Diego entered into an Agreement in March 2005 where the City of San Diego agreed to transmit and transmitted $100,000 to the City of Chula Vista for the park ranger trailer; and WHEREAS, the Parties now desire to have the City of San Diego purchase and construct a permanent ranger station, as well as related restroom facilities, in conjunction with their construction of the planned Beyer Boulevard OVRP staging area; and WHEREAS, the City of San Diego has requested that their $100,000 contribution be returned so that they can purchase and construct a permanent ranger station and related restroom facilities; and WHEREAS, the City of San Diego has requested that the City of Chula Vista provide an additional contribution of $1 00,000 for the purchase and construction of the permanent ranger station, and related restroom facilities. NOW THEREFORE, the Parties agree as follows: 1. The Amended Joint Exercise of Powers Agreement Among the County of San Diego and the Cities of Chula Vista and San Diego for the Otay Valley Regional Park approved by the City of Chula Vista City Council on November 1, 2005 is incorporated into this Agreement as if set forth in full. 2. The City of Chula Vista agrees to transfer $100,000, representing the City of San Diego's initial contribution, back to the City of San Diego for the purchase and construction of a permanent ranger station and related restroom facilities. 3. The City of San Diego agrees to contribute an additional $100,000 for a total contribution of $200,000 for the purchase and construction of the permanent ranger station and related restroom facilities. 16-3 4. The City of Chula Vista agrees to contribute an additional $100,000 for a total contribution of $200,000 to the City of San Diego for the purchase and construction of a permanent ranger station and related restroom facilities. 5. The City of San Diego agrees to accept the total contribution of $200,000 from the City of Chula Vista, and, subject to the approval of any appropriations or other necessary actions by the San Diego City Council, purchase and contruct the ranger station and related restroom facilities at the Otay Valley Staging Area on Beyer Blvd., San Diego, California. 6. The Parties agree that the ranger station and related restroom facilities are to be used by the Park Rangers responsible for the management of properties within the OVRP. 7. The specific standards of the ranger station and related restroom facilities shall be agreed upon by both Parties prior to purchase and construction. 8. Upon discontinuance of the ranger station or restroom facilities for the benefit of the OVRP, disposition of these facilities will be agreed upon by both Parties. 9. The Parties agree to execute such other documents and to take such other action as may be needed or required to effectuate the terms, conditions, covenants, and provisions of this Agreement. 10. This Agreement has been negotiated and entered into in the State of California, and shall be governed by, construed, interpreted and enforced in accordance with the laws of the State of California. II. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, representatives, successors, and assigns. 12. This Agreement constitutes the entire Agreement between the parties. Any amendment to this Agreement must be in writing and signed by the Parties. 13. The Parties represent and declare that in executing this Agreement, they rely solely upon their own judgment, belief, and knowledge and the advice and recommendations of their own independently selected counsel. 14. The Parties represent and declare that they have carefully read this Agreement and they know the contents thereof, and that they signed the Agreement freely and voluntarily. 15. The Parties acknowledge and agree that this Agreement has been prepared by the mutual parties and reviewed by each of them, and therefore shall not be construed against any Party because that Party's representative drafted the Agreement or any portion of it. 16-4 CITY OF CHULA VISTA Jim Thomson Interim City Manager Date CITY OF SAN DIEGO Ted Medina Date Director Park and Recreation Department 16-5 I" , L, I I , ~ ".,~ i- f 0 < ;;C "tJ ~ Z C) m ;;C C/I -I > ::! 0 z r- 0 (') > -I 0 Z ,--- , .~. $''' ~~ .> I:: ,~ .. ~n~~! . !r,'''~' , I,',. , ... 0; ~ '~'" ;;.:,,; i~. ~, . , I \.- ._-,-~ ;,)~_ _ _.._=,.,...",j;i....At ~~=:::-::;.:::~.:..~:.=-~!;;:'~~~~:-;i~< i ~~--- \1 f- -._----..;.---. ' . ~~ I. ~ N' . ... if (' I . .~-, i ",!~ \,....,~~ &--'\., . \ ~'~~-r;:e.',../'\~t~."! -...-#.. .-~ ;7'i", . ~"":'-'1'" -. '.... .- \ \...... , ,,:--::,,--.1'~ .," ~.<;> ~ ,:",,~""i ;t; _~ ."'._ ""'Jf~ ~ I, ~o;'l 1. -~. / ):C' ';r~ l~"~\~li '. ,''j;;; , .... ...C';'.' 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I , ;~ ; ~ " , j I ~ ' ? ~ f f f (j . js ;. t~ , . ---1 -"-.--"--'~~----- -"--..-- ----- 16-6 o ~ ~ r"' r"' tr1 10( G1 C') - o z > I:"" ~ ~ ~ _._-~ RESOLUTION NO. 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $100,000 TO THE OTHER SERVICES CATEGORY OF THE FY 07 PLANNING AND BUILDING DEPARTMENT BUDGET FROM THE A V AILABLE BALANCE OF THE GENERAL FUND FOR THE PURCHASE AND CONSTRUCTION OF A PARK RANGER STATION AND RELATED RESTROOM FACILITIES FOR THE OTAY VALLEY REGIONAL PARK, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CITY OF SAN DIEGO TRANSFERING A TOTAL OF $200,000 TO THE CITY OF SAN DIEGO FOR THE RANGER STATION. WHEREAS, the City of Chula Vista, the City San Diego and the County of San Diego ("Agencies") exercise jurisdictional control over property located within the Otay River Valley area and have entered into a Joint Exercise of Powers Agreement ("JEPA") for the planning, design and acquisition ofland for the Otay Valley Regional Park ("OVRP"); and WHEREAS, in 2004 the City ofChula Vista, in Capital Improvements Program Project PR254, and the City of San Diego each appropriated $100,000 toward the purchase of a park ranger trailer for the OVRP and the County of San Diego appropriated $100,000 for the fences, gates, and equipment associated with the ranger trailer; and WHEREAS, the Cities of Chula Vista and San Diego entered into an Agreement in March 2005 where the City of San Diego agreed to transmit and transmitted $100,000 to the City ofChula Vista for the City of San Diego's contribution toward the park ranger trailer; and WHEREAS, the Agencies now want to have the City of San Diego purchase and construct a permanent ranger station and related restroom facilities in conjunction with Its construction of the Beyer Boulevard OVRP staging area: and WHEREAS, the City of San Diego has requested that their previous contribution of $100,000 be returned to it so it can purchase and construct a pennanent park ranger station and related restroom facilities; and WHEREAS, the City of San Diego has asked that the Agencies to contribute an additional $100,000 each for the purchase and construction of a permanent park ranger station and related restroom facilities; and WHEREAS, the City of Chula Vista and the City of San Diego have negotiated an Agreement where the City of Chula Vista will transfer the $100,000 16-7 Resolution 2006 - Page 2 of2 appropriated in 2004 and the additional $100,000, for a total contribution of $200,000, to the City of San Diego for the purchase and construction of a pennanent park ranger station and related restroom facilities; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Chula Vista that it appropriates $100,000 to the Other Services Category of the FY 07 Planning and Building Department budget from the available balance of General Fund for the purchase and construction of a park ranger station and related restroom facilities for the Otay Valley Regional Park. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it authorizes the City Manager to sign an agreement for the transfer of $200,000 to the City of San Diego for the purchase and construction of a permanent park ranger station and related restroom facilities, a copy of which shall be on file of the Office of the City Clerk. Presented by Approved as to form by James D. Sandoval Planning and Building Director '~, ()~(~ Ann Moore City Attorney Buck Martin Director of Recreation Jo\,Attol11ey\ELISA\RESOS\Reso - QVRP Ranger StatIon $IOO.OOO.doc 16-8 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPRO V AL BY THE CITY COUNCIL ~/ /: \".-C>.r....c__~j_ /'1 /, ( .,. L-<--::.-~~.' Ann Moore City Attorney i D d -,j. -.i...- ate' !'''?--f'''.1,.~ AGREEMENT BETWE'gN THE-cITY OF SAN DIEGO AND THE CITY OF CHULA VISTA FOR THE PURCHASE OF A RANGER STATION AND RESTROOM FACILITIES 16-9 AGREEMENT BETWEEN THE CITY OF SAN DIEGO AND THE CITY OF CHULA VISTA FOR THE PURCHASE OF A RANGER STATION AND RESTROOM FACILITIES WHEREAS, the City of San Diego and the City of Chula Vista (Parties) both own and manage open space property in the Otay Valley Regional Park (OVRP); and WHEREAS, in 2004 the Cities of Chula V ista and San Diego each appropriated $100,000 toward the purchase of a park ranger trailer for the OVRP and the County of San Diego appropriated $100,000 for fences, gates and equipment associated with management of the OVRP; and WHEREAS, the Cities of Chula Vista and San Diego entered into an Agreement in March 2005 where the City of San Diego agreed to transmit and transmitted $100,000 to the City of Chula V ista for the park ranger trailer; and WHEREAS, the Parties now desire to have the City of San Diego purchase and construct a permanent ranger station, as well as related restroom facilities, in conjunction with their construction of the planned Beyer Boulevard OVRP staging area; and WHEREAS, the City of San Diego has requested that their $100,000 contribution be returned so that they can purchase and construct a permanent ranger station and related restroom facilities; and WHEREAS, the City of San Diego has requested that the City of Chula Vista provide an additional contribution of $100,000 for the purchase and construction of the permanent ranger station, and related restroom facilities. NOW THEREFORE, the Parties agree as follows: 1. The Amended Joint Exercise of Powers Agreement Among the County of San Diego and the Cities of Chula Vista and San Diego for the Otay Valley Regional Park approved by the City of Chula Vista City Council on November 1, 2005 is incorporated into this Agreement as if set forth in full. 2. The City of Chula Vista agrees to transfer $100,000, representing the City of San Diego's initial contribution, back to the City of San Diego for the purchase and construction of a permanent ranger station and related restroom facilities. 3. The City of San Diego agrees to contribute an additional $100,000 for a total contribution of $200,000 for the purchase and construction of the permanent ranger station and related restroom facilities. 16-10 4. The City of Chula Vista agrees to contribute an additional $100,000 for a total contribution of $200,000 to the City of San Diego for the purchase and construction of a permanent ranger station and related restroom facilities. 5. The City of San Diego agrees to accept the total contribution of $200,000 from the City of Chula Vista, and, subject to the approval of any appropriations or other necessary actions by the San Diego City Council, purchase and contruct the ranger station and related restroom facilities at the Otay Valley Staging Area on Beyer Blvd., San Diego, California. 6. The Parties agree that the ranger station and related restroom facilities are to be used by the Park Rangers responsible for the management of properties within the OVRP. 7. The specific standards of the ranger station and related restroom facilities shall be agreed upon by both Parties prior to purchase and construction. 8. Upon discontinuance ofthe ranger station or restroom facilities for the benefit of the OVRP, disposition of these facilities will be agreed upon by both Parties. 9. The Parties agree to execute such other documents and to take such other action as may be needed or required to effectuate the terms, conditions, covenants, and provisions of this Agreement. 10. This Agreement has been negotiated and entered into in the State of California, and shall be governed by, construed, interpreted and enforced in accordance with the laws of the State of California. II. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, representatives, successors, and assigns. 12. This Agreement constitutes the entire Agreement between the parties. Any amendment to this Agreement must be in writing and signed by the Parties. 13. The Parties represent and declare that in executing this Agreement, they rely solely upon their own judgment, belief, and knowledge and the advice and recommendations of their own independently selected counsel. 14. The Parties represent and declare that they have carefully read this Agreement and they know the contents thereof, and that they signed the Agreement freely and voluntarily. IS. The Parties acknowledge and agree that this Agreement has been prepared by the mutual parties and reviewed by each of them, and therefore shall not be construed against any Party because that Party's representative drafted the Agreement or any portion of it. 1 6-11 CITY OF CHULA VISTA Jim Thomson Interim City Manager Date CITY OF SAN DIEGO Ted Medina Date Director Park and Recreation Department 16-12