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
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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
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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.
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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
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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
~/ /:
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( .,. 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