HomeMy WebLinkAboutReso 2018-188RESOLUTION NO. 2018-188
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FORM OF A MASTER
ENCROACHMENT AGREEMENT FOR THE INSTALLATION
OF NETWORK FACILITIES WITHIN THE PUBLIC RIGHT-
OF-WAY
WHEREAS, City owns, operates, and maintains the Public Right-of-Way within the City;
and
WHEREAS, various communications service providers desire to construct network
facilities with the Public Right-of-Way within the City to provide communications services; and
WHEREAS, City wishes to adopt a process and template agreement that will ensure that
the City operates fairly and consistently with the various communications service providers; and
WHEREAS, pursuant to Cal. Const., art. XI, § 7, City has the authority to make and
enforce all local, police, sanitary, and other ordinances and regulations not in conflict with
general laws within its jurisdictional limits, including without limitation the authori ty to regulate
the terms and conditions for the use of Public Right-of-Way for the construction, installation, and
maintenance of communications network facilities; and
WHEREAS, under the agreement, encroachers are required to construct, operate, repair,
and maintain their network facilities in a manner that does not endanger any persons or cause any
damage to property; and
WHEREAS, when removal or relocation is required under the Agreement, encroachers
must, after the removal or relocation of the network facilities, at the encroacher’s sole cost, repair
and return the Public Right-of-Way in which the network facilities were located to a safe and
satisfactory condition equal to or better than the condition of the Public Right-of-Way prior to
the start of such removal or relocation work, as determined by the City Engineer, in accordance
with the construction-related conditions and specifications as established by City, consistent with
applicable law.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it approves the form and material terms of the Master Encroachment Agreement for the
Installation of Network Facilities Within the Public Right-of-Way attached hereto as Attachment
1; and
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it
authorizes the City Attorney to make such modifications to each Master Encroachment
Agreement as necessary or appropriate for legal compliance or risk mitigation; and
DocuSign Envelope ID: F55A61B2-F930-4A34-8A96-C7CFDD76B201
Resolution No. 2018-188
Page No. 2
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it
authorizes the City Manager, or designee, to execute each Master Encroachment Agreement on
behalf of the City of Chula Vista on a form prescribed or approved by the City Attorney.
Presented by Approved as to form by
William S. Valle Glen R. Googins
Director of Engineering & Capital Projects City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 18th day of September 2018 by the following vote:
AYES: Councilmembers: Aguilar, Diaz, McCann, Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2018-188 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 18th day of September 2018.
Executed this 18th day of September 2018.
Kerry K. Bigelow, MMC, City Clerk
DocuSign Envelope ID: F55A61B2-F930-4A34-8A96-C7CFDD76B201
MASTER FEE SCHEDULE FEE BULLETIN
Chapter 11 – Engineering Fees
11-200 Plan Review & Permit Fees
City of Chula Vista Development Services
276 Fourth Avenue, Chula Vista, CA 91910 July September
20178
City of Chula Vista www.chulavistaca.gov 619.691.5021
APPEALS
Filing fee (Appellant) ....................................... $250
Processing fee (Applicant) .......... Full cost recovery
Initial deposit ............................................... $5,000
DEFERRALS/WAIVERS
1. Deferral of Public Improvements
Appeal filing fee .............................................. $250
2. Deferral of Underground Utilities
Deferral processing fee ............... Full cost recovery
3. Public Improvements Waiver
Waiver processing fee ..................................... $835
Waiver appeal filing fee .................................. $250
REIMBURSEMENT DISTRICTS
1. Reimbursement District Formation
Includes staff costs associated with preparation of
the estimated costs of the facilities,
determination of the benefited area, estimate of
the proper assessment and actual costs of all
notices published or mailed pursuant to Chapter
15.50 of the Chula Vista Municipal Code.
District formation ........................ Full cost recovery
COMMUNITY FACILITIES DISTRICTS
1. Community Facilities District (CFD) Formation
Includes staff costs associated with the
preparation of formation documents. Also
includes cost of consultants hired by the City
including the district financing team and
administrator. All fees/staff time reimbursements
made to the City per this section are eligible for
reimbursement from bond proceeds or first
annual levy.
District formation ........................ Full cost recovery
Origination charge ................ 1% of bond proceeds
2. CFD Administration
Prepayment processing fee
Per parcel ........................................................ $500
CFD Direct Payment Processing
Fee charged to property owners delinquent in
payment of property taxes, requesting payment
of special taxes directly to City. Fees are for
parcels with delinquent special taxes and/or
assessments in one or two districts. Additional
fee of $50 per district will be charged.
DELINQUENCY
AMOUNT PROCESSING FEE
$0 - $5,000 $150
$5,001 - $10,000 $250
$10,001 - $50,000 $500
$50,001 - $100,000 $1,000
$100,001 - $200,000 $2,000
$200,001 and up $3,000
PLAN REVIEW
1. Adjustment Plat Examination Fee
Property line adjustment plat ...................... $3,045
Consolidation plat, 2 or more parcels .......... $3,045
Both the property line adjustment plat and
consolidation plat fees include a certificate of
compliance, if needed, at no additional cost.
2. Certificate of Compliance
Filing fee .......................................................... $225
3. Tentative (Preliminary) Parcel Map
Map review ................................. Full cost recovery
Initial deposit ............................................... $5,000
Tentative map waiver ..................................... $220
4. Final Parcel Map
EXHIBIT 1
DocuSign Envelope ID: F55A61B2-F930-4A34-8A96-C7CFDD76B201
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20187 MASTER FEE SCHEDULE FEE BULLETIN 11-200 Page 2 of 3
City of Chula Vista www.chulavistaca.gov 619.691.5021
Map review ................................. Full cost recovery
Initial deposit ............................................... $2,500
5. Final Subdivision Map
Map review ................................. Full cost recovery
Initial deposit, minor (≤ 50 lots) ................... $7,500
Initial deposit, major (> 50 lots) ................. $15,000
Final Map recordation fee .................... Actual cost
Map review full cost recovery deposit does not
include checking of any required improvement
plans or inspection of improvements.
6. Improvement Plans - Improvement Valuation
> $10,0001
Administration & plan review ..... Full cost recovery
Construction inspection .............. Full cost recovery
Initial deposit ...............Varies, see schedule below
IMPROVEMENT
VALUATION
PLAN
REVIEW
CONSTRUCTION
INSPECTION
$10,001 - $100,000 $4,500 $4,000
$100,001 - $500,000 $15,000 $15,000
> $500,000 $20,000 $20,000
7. Landscape & Irrigation Plans (Standalone, per
CVMC § 20.12.030(A))
Minor............................................................... $330
Major ............................................................ $2,035
PERMITS
1. Construction Permits
Improvement Valuation ≤ $10,000
Administration & plan review ......................... $290
Construction inspection .................................. $680
Additional traffic control fees shall be collected for
flat fee construction permits as appropriate.
Improvement Valuation > $10,000
Administration & plan review ..... Full cost recovery
Construction inspection .............. Full cost recovery
1 For improvement plans with estimated improvement
value less than or equal to $10,000 see ‘Construction
Permits’.
Initial deposit ................. See Improvement Plans –
Improvement Valuation > $10,000 above
2. Grading Permits
Administration & Plan review ..... Full cost recovery
Construction inspection .............. Full cost recovery
Initial deposit ............... Varies, see schedule below
ESTIMATED CUBIC
YARDS (CY)
PLAN
REVIEW
CONSTRUCTION
INSPECTION
≤ 1,000 CY $6,000 $3,000
1,001 – 10,000 CY $12,000 $6,000
10,001 – 100,000 CY $15,000 $15,000
> 100,000 CY $20,000 $20,000
3. Driveway Variance, Excessive Width
Filing fee .......................................................... $545
Appeal filing fee .............................................. $250
4. Encroachment Permit
Per Chula Vista Municipal Code § 12.28.050
Plan review & inspection ............................. $1,175
5. Temporary Encroachment for storage of
building materials in City right-of-way (e.g.
roll-off dumpsters)
Nonrefundable application fee ......................... $75
If materials are placed in the street by applicant
prior to issuance of a temporary encroachment
permit, the application fee shall be doubled.
6. Network Facility Encroachment Permit
Plan review & inspection ............ Full cost recovery
Initial deposit ............................................... $3,000
6.7. Wireless Telecommunications Facilities in the
Public Right -of -Way
Plan review & inspection ............ Full cost recovery
Initial deposit ............................................... $1,500
EXHIBIT 1DocuSign Envelope ID: F55A61B2-F930-4A34-8A96-C7CFDD76B201
July September
20187 MASTER FEE SCHEDULE FEE BULLETIN 11-200 Page 3 of 3
City of Chula Vista www.chulavistaca.gov 619.691.5021
7.8. Utility Permits
Utility Permit fee is calculated based upon the
cost of replacement of the surface improvements
(including the top three (3) feet of any trench or
any other excavation) within the City right-of-way.
Additional traffic control fees shall be collected for
flat fee utility permits, as appropriate.
Cost < $10,000 ................................................ $590
Cost of $10,000 or greater .......... Full cost recovery
Initial deposit ............................................... $3,000
Utility permit written agreement exception
If cost < $10,000 and meets the following
requirements, the City may provide for utility
permit processing fee, if any, in a separate written
agreement between the City and the permittee.
▪ Includes less than 150 feet of excavation
▪ Less than 7 days in duration
▪ Does not require trench shoring
▪ Is not constructed on a road wider than
two lanes
▪ Not near a signalized intersection
8.9. Construction Security Deposit Bookkeeping
Fee
Security bookkeeping fee .... 1% of security amount
Security bookkeeping fee shall be deducted from
each bond, prior to release to depositor.
9.10. Penalty Fees2
Work performed without a construction
permit....................................... 100% of permit fee
2 Penalty fees are in addition to standard permit fees.
FULL COST RECOVERY
For all full cost recovery fee items, an initial
deposit shall be collected to cover the City’s full
cost, including overhead, incurred in conjunction
with review and processing as requested by
applicant. Additional funds may be collected, as
required, to cover City costs. Should the
application be withdrawn at any time, the deposit
shall be adjusted to cover the City’s actual costs,
including overhead, up to that time. Any funds
remaining on deposit at the time of the
completion or withdrawal of the application shall
be returned to the depositor, after accounting for
expenses incurred to date.
See Master Fee Schedule Fee Bulletins 1-100 and
1-200 for additional discussion of full cost
recovery and current hourly rates.
EXHIBIT 1DocuSign Envelope ID: F55A61B2-F930-4A34-8A96-C7CFDD76B201