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Home My WebLink AboutAgenda Packet 1999/02/24 Wednesday. February 24. 1999 5:45 p.m. '" declare under penalty of perjury that I am employed by t:,f:; ClL, e'!" Gh~jia Vista in the OHice 01 'l.;rie (:L~:, i,.::.::/\ :nJ 't:-;,:t i pos::ed this Agenda/No:!::.:; en L:::J CulleUn Board at Council Conference Room the Public er ices Bu'ic;in3 and at ~on Administration Building DATED, .7. SIGNED S/ ~ ," Special MeetillJ!/Work.ession of the Citv of Chula Vista Citv Council CALL TO ORDER 1. ROLL CALL: Councilmembers Davis_. Moot_, Padilla_, Salas_, and Mayor Horton_. 2. RESOLUTION 19380 AUTHORIZING THE ISSUANCE OF ENCROACHMENT PERMIT NUMBER PE-448 FOR CONSTRUCTION OF A PRIVATE POTABLE WATER LINE WITHIN CITY RIGHT-OF-WAY ALONG MAIN STREET BY MR. RAUL FOl\'TES - Mr. Raul Fontes is proposing to install a private water line within City right-of-way along Main Street to serve his property at 3855 Main Street. According to Section 12.28 of the Municipal Code. the request must he approved hy Council. Staff recommends approval of the resolution. (Director of Puhlic Works) 3. INTERVIEWS FOR PLANNING COMMISSION (1). ORAL COMMUNICATIONS This is an opportunity for the general public to address the City Council on any subject mailer within the Council's jurisdiction that is not an item on this agenda for public discussion. (State law, however, generally prohibits the City Council from taking action on any issues not included on the posted agenda.) If you wish to address the Council on such a subject, please complete the "Request to Speak Under Oral Communications Form" available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. ADJOURNMEl\'T The meeting/worksession will adjourn to a special meeting/worksession on Saturday, February 27, 1999 at 9:00 a.m. in Council Conference Room, Administration Building, and thence to the regular City Council meeting on March 2, 1999 at 4:00 p.m. in the City Council Chambers. Notice is hereby given that the Mayor of the City of Cbula Vista has called and will convene a special meeting/worksessinn of the City Council nn Wednesday, Fehruary 24, 1999 at 5:45 p.m. in tbe Council Conference Room, Administmtion Buildilll:, 276 Fourth Avenue, Cbula Vista, California. Shi~~ * * * COMPLIANCE WITH AI\1ERICANS WITH DISABILITIES ACT * * * The City of Chula Vista. in complying with the Americans with Disahilities Act (ADA). request individuals who require special accommodations to access, attend, and/or participate in a City meeting. activity, or service request such accommodation at least forty-eight hours in advance for meetings and five days for sch~uled services and activities. Please contact the City Clerk for specific infonnation at (619) 691-5041 or Telecommunications Devices for the Deaf (TDD) (619) 585-5655. California Rela)' Service is also availahk telt the hearing impaired. COUNCIL AGENDA STATEMENT ITEM TITLE: Item ;2.. Meeting Date~1 ,- ..y~~ 71 Resolution J 93 f"~uthorizing the issuance of Encroachment Permit No. PE-448 for construction of a private potable water line within City right-of- way along Main Street by Mr. Raul Fontes SUBMITTED BY: Director of Public Work~ ~~ I City ManagerW 1~\. (4/5ths Vote: Yes _ NoX) REVIEWED BY: Mr. Raul Fontes is proposing to install a private water line within City right-of-way along Main Street to serve his property at 3855 Main Street. According to Section 12.28 ofthe Municipal Code, this request must be approved by the City Council. RECOMMENDATION: That Council approve the subject resolution authorizing the City Engineer to issue Encroachment Permit No. PE-448 and direct the City Clerk to record said resolution and permit. BOARDS/COMMISSIONS RECOMMENDATION: No Board or Commission actions are required in this case. DISCUSSION: There are no existing water utilities along Main Street in the vicinity ofMr. Fontes' property at this time. It is anticipated that water mains will be installed in Main Street in the future when this street is widened. In the mean time, the only feasible way to provide water service to Mr. Fontes' property is to install a long private water lateral to the nearest point of connection to an existing water service. IfMr. Fontes installed a water main from Sweetwater Authorities existing facilities to the west in the vicinity of Hilltop Drive, it is estimated to cost $40,000. The proposed water lateral, shown in Exhibit 'A', will be approximately 500 feet in length extending from 3855 Main Street to the southwest comer of Main Street and Date Street. At this point, a connection will be made to an existing water facility owned by the Cal American Water Agency. The private two inch stainless steel water line will be within existing Main Street right-of-way, but outside the paved street surface. According to Mr. Fonts this alternative will only cost approximately ten percent of the cost to install the new water main. With the conditions placed on the encroachment permit, the placement of the water line will not hamper City crews' access to any existing public facilities and will allow maintenance to take place as usual. ;( - / Page 2, Item Meeting Date 2/23/99 The encroachment permit includes an indemnity clause holding the City, its agents and employees harmless from damages resulting from the construction and maintenance of the private water line belonging to Mr. Fontes. The following conditions of approval have been imposed on this encroachment permit: 1. Prior to beginning construction of the Encroachment, Permittee shall provide the City with evidence of membership with USA Dig Alert Services for the current year and forthcoming year and payment of costs for such membership for that 2 year time period. Continual, uninterrupted membership with USA Dig Alert Services shall be required as long as the private utility exists within the public right-of-way. Failure to provide annual evidence of membership to the satisfaction of the City Engineer will be grounds for revocation of this Encroachment Permit and removal of the Encroachment. 2. Permittee shall take all necessary measures to mark out the private water line if and when notified by USA Dig Alert Services. 3. Encroachment shall be installed and maintained in a safe and sanitary manner by Permittee as determined by City. 4. Encroachment shall in no way interfere with the maintenance of or operation of the existing public facilities in the encroachment area. Any costs arising from changes of or to any facility due to the Encroachment shall be the sole responsibility of Permittee. 5. In the event that any future road construction, operation or maintenance of the City's facilities including City Capitol Improvement Projects, shall cause the rearrangement, repair or reconstruction of the Permittee's facilities, the same shall be performed by Permittee or by any other party with the consent of Permittee at the cost of Permittee to the satisfaction of the City Engineer. 6. In the event that the future construction, operation or maintenance of the Permittee's facilities shall cause the rearrangement, repair or reconstruction of the City's facilities, the same shall be performed by Permittee or by any other party with the consent of Permittee at the cost of Permittee. The permit has been signed by Mr. Raul Fontes and notarized and is now ready to be issued. The permit will be recorded and run with the land. 02~~ Page 3, Item Meeting Date 2/23/99 FISCAL IMPACT: Due to the construction and maintenance responsibilities falling on the Permittee, there is no direct costs to the City, except for the processing ofthis permit. Attachments: Exhibit "A" - Plat showing encroachments Copy of Encroachment Permit PE-448 File No. 0710-40-PE-448 K\HOME\ENGINEERIAGENDA \PE-MAIN.SL Y .~-3 RESOLUTION NO. /93 'f[tJ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE ISSUANCE OF ENCROACHMENT PERMIT NO. PE-448 FOR CONSTRUCTION OF A PRIVATE POTABLE WATER LINE WITHIN CITY RIGHT-OF-WAY ALONG MAIN STREET BY MR. RAUL FONTES WHEREAS, private water line serve his property Mr. Raul Fontes is proposing to install a within City right-of-way along Main Street to at 3855 Main Street; and WHEREAS, the only feasible way to provide water services to Mr. Fontes' property is to install a long private water lateral to the nearest point of connection to an existing water service; and WHEREAS, said request does not fall within the scope of the types of encroachments that may be authorized by the City Engineer without first being approved by Council; and WHEREAS, in accordance with Chapter 12.28 of the Municipal Code, Council must authorize the issuance of the permit. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby authorize the City Engineer to issue Encroachment Permit No. PE-448 for construction of a private potable water line within City right-of-way along Main Street by Mr. Raul Fontes subject to, among others, the following conditions: 1. Prior to beginning construction of the Encroachment Permit, Permittee shall provide the City with evidence of membership with USA Dig Alert Services for the current year and forthcoming year and payment of costs for such membership for that 2 year time period. continual, uninterrupted membership with USA Dig Alert Services shall be required as long as the private utility exists within the public right-of-way. Failure to provide annual evidence of membership to the satisfaction of the City Engineer will be grounds for revocation of this Encroachment Permit and removal of the Encroachment. 2. Permittee shall take all necessary measures to mark out the private water line if and when notified by USA Dig Alert Services. 1 02-Y 3. Encroachment shall be installed and maintained in a safe and sanitary manner by Permittee as determined by City. 4. Encroachment shall in no way interfere with the maintenance of or operation of the existing public facilities in the encroachment area. Any costs arising from changes of or to any facility due to the Encroachment shall be the sole responsibility of Permittee. 5. In the event that any future construction, operation or maintenance of the City's facilities, including City Capital Improvement Projects, shall cause the rearrangement, repair or reconstruction of the Permittee's facilities, the same shall be performed by Permittee or by any other party with the consent of Permittee at the cost of Permittee to the satisfaction of the City Engineer. 6. In the event that the future construction, operation or maintenance of the Permittee's facilities shall cause the rearrangement, repair or reconstruction of the City's facilities, the same shall be performed by Permittee or by any other party with the consent of Permittee at the cost of Permittee. BE IT FURTHER RESOLVED that the city Clerk is hereby directed to record said resolution and permit. Presented by Approved as to form by John P. Lippitt, Director of Public Works ~/ ..:Jf1I~. ~~.. Kaheny, city Attorney H:\home\lorraine\rs\encroach.per 2 0<-.5". EXHIBIT 'A' 1T3~lS 31 \lG l/J ~ f- .'" Vl ' :zi~ : ~ ~~~ I H ,; Iii I z w. w. I I , I >---< (k. I t - ~ I: I' I -.-I I ---< I' I~~ I I I Vl I i I I I <4 t-t~ -.-I I II , ., ---, 0:::: I 2" .; I ; ,rr - ~i I :;;e 0.... I iii.. i kl) ~L ' i ."' I I .:~ ."~ ~~. . " -j - - - - -- e4-;- -- ( 'i~ , I :.~ < G----' ftr..~.. -J "'e)o -T:... I ,:". _.L .~ I ~ L, I I"__.f ~I i~; _____ I!I le~i ~ ~~ f- Vl::: Z(\J ~I <[0 ::<:~ If)1 If)0'> m8j (Y)~ -- -, I I I I I I I _-1 c2-~ L.__._____...~_ Recording requested by and please return to: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 [Xl This document benefits Permittee. Recording iee required. ~ (This space for Recorder's use, only) ~ Affects Assessor's Parcel No(s). C.V. File No. 071O-40-PE-448 AUTHORIZATION FOR ENCROACHMENT IN CITY RIGHT OF WAY Permit No. PE-448 Pursuant to Chapter 12.28 of the Chula Vista Municipal Code, permission is hereby granted by the City of Chula Vista (hereinafter "City") to: RAUL FONTES, (hereinafter "Permittee") whose mailing address is 385 Wagon Wheel Way, Bonita CA, 92002, to do work within public street right-of-way along Main Street in the City of Chula Vista. All terms and conditions of this permit as to the Permittee shall be a burden upon Permittee's land and shall run with the land. All conditions apply to Permittee and all his/her/their heirs, assigns, successors or transferees. Whereas, the Permittee has requested the permission from City to encroach on said City's right- of-way adjacent to and for the direct benefit of the following described property: ADDRESS: 3855 Main Street, Chula Vista CA, 91910 LEGAL DESCRIPTION: PERMISSION IS HEREBY GRANTED to do the following work with the inclusion of conditions contained herein: Construct and maintain a private water line within City's right-of-way along Main Street from 3855 Main Street to the southwest corner of Main Street and Date Street as shown on the attached plat (See attached Exhibit "A"). (hereinafter "Encroachment.") NOW, THEREFORE, in consideration of their mutual promises, and other good and valuable consideration, the parties hereto agree as follows: Page 1 .J - ? Permission is hereby granted Permittee to install the above-mentioned Encroachment on the City's easement described above in accordance with the following conditions: 1. Prior to beginning construction of the Encroachment, Permittee shall provide the City with evidence of membership with USA Dig Alert Services for the current year and forthcoming year and payment of costs for such membership for that 2 year time period. Continual, uninterrupted membership with USA Dig Alert Services shall be required as long as the private utility exists within the public right-of-way. Failure to provide annual evidence of membership to the satisfaction of the City Engineer will be grounds for revocation of this Encroachment Permit and removal of the Encroachment. 2. Permittee shall take all necessary measures to mark out the private water line if and when notified by USA Dig Alert Services. 3. Encroachment shall be installed and maintained in a safe and sanitary manner by Permittee as determined by City. 4. Encroachment shall in no way interfere with the maintenance of or operation of the existing public facilities within the encroachment area. Any costs arising from changes of or to any facility due to the Encroachment shall be the sole resp onsibility of Permittee. 5. In the event that future road construction, operation or maintenance of the City's facilities including City Capitol Improvement Projects, shall cause the rearrangement, repair or reconstruction of the Permittee's facilities, the same shall be performed by Permittee or by any other party with the consent of Permittee at the cost of Permittee to the satisfaction of the City Engineer. 6. In the event that the future construction, operation or maintenance of the Permittee's Facilities shall cause the rearrangement, repair or reconstruction ofthe City's facilities, the same shall be performed by Permittee or by any other party with the consent of Permittee at the cost of Permittee. This permit is revocable upon thirty (30) days written notice to the Permittee, and upon such notice, the installation must be removed or relocated, as and when specified by City, at Permittee's cost. If Permittee fails to remove or relocate Encroachment within the period allotted, City may cause such work to be done and the cost thereof shall be billed to Permittee who will pay on demand. Not withstanding the above, the City agrees to use its best efforts to condition future private development which necessitates the relocation or removal of Otay's facilities to bear the costs or such relocation or removal. Permittee shall defend, indenmify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Permittee, or any agent or employee, subcontractors, or others (including third parties) in connection with the execution of the work covered by this agreement. except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Permittee's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by Page 2 ,}-rr the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Permittee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Permittee's indemnification of City shall not be limited by any prior or subsequent declaration by the Permittee. Permittee hereby agrees to and shall defend City, its elective and appointive boards, officers, agents and employees against any claim, and in any suit or proceeding, at law or in equity, for damages caused, or alleged to have been caused, by actions taken or alleged to have been taken under this permit by Permittee directly or by his/her/their agent(s), contractor(s), or agents or employees of same. Permittee further agrees to and shall indemnify and hold harmless City, its elective and appointive boards, officers, agents and employees, as indemnitees, for any claim, suit or proceeding submitted, brought or instituted against City as a result of actions taken, or alleged to have been taken, under this permit, including, but not limited to, any asserted liability for loss of or damage to property or for personal injury, including death. The undersigned Permittee hereby accepts the foregoing Encroachment permit upon the terms and conditions stated herein and agrees to comply with all stated terms and conditions and with all applicable laws, including any applicable provision of the Chula Vista Municipal Code. It is further agreed that if any part of Permittee's Encroachment or Permittee's rights under this Encroachment Permit should interfere with the future use of the City's easement, it must be removed or relocated at Permittee's expense and such right shall be terminated as and when indicated by City. In the event of a dispute arising as to the terms or interpretation of this perIni t, the City Engineer shall resolve said dispute in his sole and unfettered discretion, reasonably applied. CITY OF CHULA VISTA: Permit approved by: Date: Clifford L. Swanson Deputy Public Works Director/City Engineer (City Clerk to attach acknowledgment.) Page 3 )~1 PERMITTEE: Signature: Date: Title: (Notary to attach acknowledgment.) Approved as to form: City Attorney NOTE: Pennittee is to submit a check or money order payable to County of San Diego in the amount to cover the cost offiling this pennit with the County Recorder, which will be determined as follows: $7.00 for the first page and $3.00 for every page thereafter (including notary acknowledgments). ALL pages must be 8!6 in. by 11 in. (including notary acknowledgments) or the fee for all pages after the first page will be $5.00 each. .... (For office use only) .... Encroachment has been constructed and is in compliance with the attached sketch. Signed Dated (Inspector) [K\HOME\ENGINEER\PERMITSIFONTES.SL V] Page 4 .;)-)?J PLANNING COMMISSION INTERVIEWS WEDNESDAY - FEBRUARY 24, 1999 APPNT NAME OF APPLICANT COUNCIL COMMENTS 6:00 '------- --- 6:15 STEVE CASTAN~~~i " [-~ ( c _ - 1/ i. _ _ ) ~..i:--i-LZ:;;C:Z {/;Z j/--tA_j-. 21- ZZ/{{!~i: / t7 ..,..,'" _,,_._,.w...,,"~...... MARCO CORTEZ 6:30 WALTER FISHER 6:45 JUAN DIAZ 7:00 DINNER BREAK 7:20 NANCY PALMER 7:35 JOSE ROMO 7:50 RENEE' BARDWELL / { .\ t. i , \ - \ \ / ./ ( l .\ ./ CC: CITY CLERK / / (/ iy I \ 'I A / ) yl j /. ;/ ./