HomeMy WebLinkAboutAgenda Packet 2006/04/11
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Stephen C. Padilla, Mayor
Patricia E. Chavez, Councilmember David D. Rowlands, Jr., City Manager
John McCann, Councilmember ~nn Moore, City Attorney
Jerry R. Rindone, Council member Susan Bigelow, City Clerk
Steve Castaneda, Councilmember
April 11, 2006
6:00 P.M.
Council Chambers
City Hall
276 Fourth Avenue
CALL TO ORDER
ROLL CALL: Councilmembers Castaneda, Chavez, McCann, Rindone, and Mayor Padilla
PLEDGE OF ALLEGIANCE TO THE FLAG Led by Boy Scouts Troop 804
MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. PRESENTATION OF A PROCLAMATION BY MAYOR PADILLA TO DEBBIE
NASTA, FIRE COMMUNICATIONS MANAGER, PROCLAIMING THE WEEK OF
APRIL 10 THROUGH APRIL 16 AS NATIONAL PUBLIC SAFETY
TELECOMMUNICATIONS APPRECIATION WEEK
. PRESENTATION OF A PROCLAMATION BY MAYOR PADILLA TO DAVID FOX
AND TINA JONES, POLICE DISPATCH SUPERVISORS, PROCLAIMING THE
WEEK OF APRIL 10 THROUGH APRIL 16 AS NATIONAL PUBLIC SAFETY
TELECOMMUNICATIONS APPRECIATION WEEK
. DID YOU KNOW...ABOUT THE NATURE CENTER'S COMPOSTING PROGRAM?
Presented by David DiDonato, Nature Center Maintenance Specialist
CONSENT CALENDAR
(Items 1 through 5.1)
The Council will enact the Consent Calendar staff recommendations by one
motion, without discussion, unless a Councilmember, a member of the public, or
City staff requests that an item be removedfor discussion. If you wish to speak on
one of these items, please fill out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the
Consent Calendar will be discussed immediately following the Consent Calendar.
1. APPROVAL OF MINUTES of March 21 and March 30, 2006.
Staff recommendation: Council approve the minutes.
2 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 00-03, BELLA
LAGO, ACCEPTING THE VARIOUS STREETS AND EASEMENTS GRANTED ON
SAID MAP, AND APPROVING THE ASSOCIATED SUBDIVISION
IMPROVEMENT AGREEMENT AND SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE PROJECT
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT
FOR CHULA VISTA TRACT NO. 00-03, BELLA LAGO, BETWEEN K.
HOVNANIAN AT BELLA LAGO, LLC, AND BELLA LAGO, LLC, AND THE CITY
REGARDING MAINTENANCE OF PRIVATE FACILITIES WITHIN THE PUBLIC
RIGHT OF WAY (Continued from April 4, 2006)
On April 8, 2003, the Council approved a tentative map for Bella Lago. Adoption of the
resolutions approves Chula Vista Tract No. 00-03, Bella Lago. (Acting Engineering
Director)
Staff recommendation: Council adopt the resolutions.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ESTABLISHING THE '"STREET LIGHT INSTALLATION AT THE SOUTHWEST
CORNER OF BRANDYWINE AVENUE AND INGRAM STREET (TF-343)"
CAPITAL IMPROVEMENT PROJECT AND APPROVING A BUDGET TRANSFER
OF $13,260 FROM THE EXISTING '"NOISE STUDY FOR PROPERTIES IN THE
VICINITY OF THE 1-805 CORRIDOR PROJECT (STM-353)" TO TF-343 TO
COMPLETE THE PROJECT (4/5THS VOTE REQUIRED)
At its March 7, 2006 meeting, the Council received a petition from residents of Sunbow
II requesting that a streetlight be installed at the southwest corner of the intersection of
Ingram Street and Brandywine Avenue. Adoption ofthe resolution approves establishing
a new capital improvement project and a budget transfer in the amount of $13,260 to
complete the street light installation. (City Engineer/General Services Director)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING DONATIONS IN THE AMOUNT OF $29,000 AND APPROPRIATING
SAID DONATED FUNDS (4/5THS VOTE REQUIRED)
The Fire Department received donations in the amount of $29,000 from community
donors. These donations were made to the Fire Department to support the department's
fire suppression and fire prevention functions. The donations will be used to purchase
equipment and supplies for these functions. (Fire Chief)
Staff recommendation: Council adopt the resolution.
Page 2 - Council Agenda
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April 11, 2006
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AWARDING A CONTRACT THROUGH THE FORMAL BIDDING PROCESS TO
INFOSEND, INC., TO PROVIDE PRINTING AND MAILING SERVICES FOR
SEWER BILLS
The City has contracted for printing and mailing services for sewer bills since 2002 and,
through the formal bidding process, received three responses to the City's request for
bids. InfoSend, Inc. was chosen primarily due to its competitive pricing and quality of
service. (Finance Director)
Staff recommendation: Council adopt the resolution.
5.1. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A 120-DAY EXTENSION TO THE DEFERRAL OF THE PORTION OF
THE COMPREHENSIVE GENERAL PLAN UPDATE, COMPRISED OF FUTURE
VILLAGES 8, 9, IOfUNIVERSITY AREA OF OTAY RANCH
On December 13, 2005, the Council approved, with one exception, the City's
Comprehensive General Plan Update. The exception was for the area comprised of
Villages 8, 9, lO/University Area within Otay Ranch, which was deferred for 120 days.
Adoption of the resolution approves an additional 120-day extension to allow time to
explore the feasibility of the potential land use changes. (Planning and Building
Director)
Staff recommendation: Council adopt the resolution.
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC COMMENTS
Persons speaking during Public Comments may address the Council on any
subject matter within the Council's jurisdiction that is not listed as an item on the
agenda. State law generally prohibits the Council from taking action on any issue
not included on the agenda. but. if appropriate. the Council may schedule the
topic for future discussion or refer the matter to staff. Comments are limited to
three minutes.
PUBLIC HEARINGS
The following items have been advertised as public hearings as required by law.
If you wish to speak on any item. please fill out a "Request to Speak" form
(available in the lobby) and submit it to the City Clerk prior to the meeting.
6. CONSIDERATION OF AN AMENDMENT TO SECTION 8.24.070 OF THE CHULA
VISTA MUNICIPAL CODE TO ALLOW FOR IMPOUNDING OF NON-FRANCHISE
WASTE HAULERS' NUISANCE ROLL-OFF BOXES AND CONTAINERS PLACED
WITHIN THE CITY BOUNDARIES (Continued from March 14,2006)
Staff recommendation: Council continue the public hearing to a future date.
Page 3 - Council Agenda
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April II, 2006
7. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN
DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE
RESPECTIVE OWNER-OCCUPIED PARCELS OF LAND AND PLACEMENT OF
DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR
COLLECTION
Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer service charges
to be assessed as recorded liens upon the affected properties and ultimately placed on the
property tax bills for collection. (Finance Director)
Staff recommendation: Council conduct the public hearing and adopt the following
resolutions:
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ASSESSING CERTAIN DELINQUENT SEWER SERVICE CHARGES AS
RECORDED LIENS UPON THE RESPECTIVE OWNER OCCUPIED
PARCELS OF LAND (GROUP "A") AND APPROVING PLACEMENT OF
DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ASSESSING CERTAIN DELINQUENT SEWER SERVICE CHARGES AS
RECORDED LIENS UPON THE RESPECTIVE OWNER OCCUPIED
PARCELS OF LAND (GROUP "B") AND APPROVING PLACEMENT OF
DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ASSESSING CERTAIN DELINQUENT SEWER SERVICE CHARGES AS
RECORDED LIENS UPON THE RESPECTIVE OWNER OCCUPIED
PARCELS OF LAND (GROUP "C") AND APPROVING PLACEMENT OF
DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL
8. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN
DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON
THE RESPECTIVE PARCELS OF LAND AND PLACEMENT OF DELINQUENT
CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION
Chula Vista Municipal Code Section 8.24 allows delinquent solid waste service charges
to be assessed as recorded liens upon the affected properties and ultimately placed on the
property tax bills for collection. (Finance Director)
Staff recommendation: Council conduct the public hearing and adopt the following
resolutions:
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ASSESSING DELINQUENT SOLID WASTE SERVICE CHARGES AS
RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND
(GROUP "A") AND APPROVING PLACEMENT OF DELINQUENT
CHARGES ON THE NEXT REGULAR TAX BILL
Page 4 - Council Agenda
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April J J. 2006
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ASSESSING DELINQUENT SOLID WASTE SERVICE CHARGES AS
RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND
(GROUP "B") AND APPROVING PLACEMENT OF DELINQUENT
CHARGES ON THE NEXT REGULAR TAX BILL
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ASSESSING DELINQUENT SOLID WASTE SERVICE CHARGES AS
RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND
(GROUP "C") AND APPROVING PLACEMENT OF DELINQUENT
CHARGES ON THE NEXT REGULAR TAX BILL
D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ASSESSING DELINQUENT SOLID WASTE SERVICE CHARGES AS
RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND
(GROUP "D") AND APPROVING PLACEMENT OF DELINQUENT
CHARGES ON THE NEXT REGULAR TAX BILL
ACTION ITEMS
The items listed in this section of the agenda will be considered individually by
the Council, and are expected to elicit discussion and deliberation. If you wish to
speak on any item. please fill out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting.
9. REPORT ON THE STATUS OF THE PEDESTRIAN SAFETY ACTION PLAN FOR
EAST H STREET AND OTA Y LAKES ROAD
The report presents the status of a proposed action plan to enhance the safety at the
intersection of Otay Lakes Road and East H Street. Adoption of the resolutions
authorizes the transfer of $50,000 from CIP project STM-353 for funding the
construction of the recommended median fencing along the frontage of Bonita Vista High
School; and accepts the bids and awards the contract for constructing the fence. (City
Engineer, Police Chief)
Staff recommendation: Council accept the report and adopt the following resolutions:
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ESTABLISHING THE "MEDIAN FENCE INSTALLATION ALONG OTAY
LAKES ROAD AND EAST H STREET (TF-342)" CAPITAL IMPROVEMENT
PROJECT AND APPROVING A BUDGET TRANSFER FROM THE
EXISTING "NOISE STUDY FOR PROPERTIES IN THE VICINITY OF THE 1-
805 CORRIDOR (STM-353)" PROJECT NECESSARY TO COMPLETE THE
PROJECT (4/5THS VOTE REQUIRED)
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS, AWARDING A CONTRACT, AND APPROVING THE
FORM OF THE CONTRACT FOR THE "MEDIAN FENCE INSTALLATION
ALONG OTAY LAKES ROAD AND EAST H STREET (TF-342)" TO SAN
DIEGO FENCE COMPANY
Page 5 - Council Agenda
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April 1 I, 2006
10. REPORT REGARDING THE CITY'S GRAFFITI ABATEMENT PROGRAM AND
CONSIDERATION OF ADOPTION OF A RESOLUTION ALLOCATING FUNDS
FOR SOFTWARE AND EQUIPMENT
On March I, 2005, the Council approved modifications to the graffiti ordinance that
created a year-round graffiti abatement program to address the growing problem of
graffiti on public and private property by reducing the amount of time within which
graffiti must be removed. Staff is now returning to Council with a status report on the
new graffiti program that identifies any issues and/or successes the program has
experienced since implementation. (Public Works Operations Director)
Staff recommendation: Council accept the report and adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2006 BUDGET BY APPROPRIATING
$10,000 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND TO
PURCHASE ROUTING AND SCHEDULING SOFTWARE; ALLOCATING
$63,000 FROM THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEES
FOR EQUIPMENT; AND AMENDING THE PROPOSED SPENDING PLAN
FOR FISCAL YEAR 2007 BY APPROPRIATING $9.500 FROM THE
AVAILABLE BALANCE OF THE GENERAL FUND (4/5THS VOTE
REQUIRED)
OTHER BUSINESS
11. CITY MANAGER'S REPORTS
12. MAYOR'S REPORTS
Ratification of appointment of William E. Hieronimus to Board of Appeals and Advisors.
13. COUNCIL COMMENTS
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by
noon on Wednesday following the Council Meeting at the City Attorney's office in
accordance with the Ralph M Brown Act (Government Code 54957.7).
14. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9
One Case
15. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
One Case
ADJOURNMENT to the Regular Meeting on April 25, 2006 at 6:00 p.m. in the Council
Chambers.
Page 6 - Council Agenda
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April II, 2006
In compliance with the
AMERICANS WITH DISABILITIES ACT
The City of Chu/a Vista requests 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 scheduled services and activities. Please contact the City Clerk for specific
information at (619) 691-5041 or Telecommunications Devices for the Deaf (TDD) at (619) 585-5655. California
Relay Service is also available for the hearing impaired.
Page 7 - Council Agenda
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April II, 2006
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
March 21, 2006
6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:12
p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT:
Councilmembers:
Castaneda, Chavez, McCann, Rindone, and
Padilla
ABSENT:
Councilmembers:
None
ALSO PRESENT: Assistant City Manager Thomson, City Attorney Moore, and
Senior Deputy City Clerk Peoples
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. OATH OF OFFICE
Brett Davis - Resource Conservation Commission
Deputy City Clerk Bennett administered the oath to Brett Davis, and Mayor Padilla presented
him with a certificate of appointment.
. DID YOU KNOW...ABOUT ECONOMIC DEVELOPMENT'S FOCUS ON THIRD
AVENUE? (Continued from March 14,2006)
Presented by Denny Stone, Economic Development Manager and Lynette A.
Jones, Senior Community Development Specialist
Economic Development Manager Stone introduced Ms. Jones, who provided a presentation on
the City's new proactive business retention and expansion program, Smart Business Links.
CONSENT CALENDAR
(Items 1 through 8)
Mayor Padilla stated he would abstain on Item 4, as he owns property within 500 feet of one of
the subject routes. Councilmemhers Rindone and Castaneda believed that their properties might
also be located within 500 feet of a route. City Attorney Moore reported that staff had
researched the Councilmembers' properties with respect to this item, and she referenced exhibit
"B" of the staff report showing the streets impacted by the proposed ordinance amendment. It
was determined that only Mayor Padilla's property is within 500 feet of the subject routes.
Item 7 was continued to a future date at the request of the City Attorney.
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CONSENT CALENDAR (Continued)
1. APPROVAL OF MINUTES ofthe Special Meeting of January 25,2006.
Staff recommendation: Council approve the minutes.
2. ORDINANCE NO. 2006-3031, ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING THE MUNICIPAL CODE TO ADD SECTION 19.44.040Q AND
AMEND SECTION 19.44.050, RELATED TO THE BREWING AND DISTILLING OF
LIQUORS IN THE LIMITED INDUSTRIAL (I-L) ZONE (SECOND READING)
Adoption of the ordinance allows small scale brewing and distilling ofliquors, subject to
approval of a conditional use permit and a preliminary environmental review within the
City's Limited Industrial Zones. This ordinance was introduced at the meeting of March
14,2006. (Planning and Building Director)
Staff recommendation: Council adopt the ordinance.
3. ORDINANCE NO. 2006-3032, ORDINANCE OF THE CITY OF CHULA VISTA
ESTABLISHING A 35 MPH NEW SPEED LIMIT ON STONE GATE STREET
BETWEEN HUNTE PARKWAY AND ADIRONDACK PLACE (SECOND
READING)
Adoption of the ordinance establishes a 35-mph speed limit on Stone Gate Street between
Hunte Parkway and Adirondack Place. Signs indicating a 25-mph speed limit "when
children are present" are posted as required by the Chula Vista Municipal Code near
Eastlake Middle School. This ordinance was introduced at the meeting of March 14,
2006. (City Engineer)
Staff recommendation: Council adopt the ordinance.
4. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 10.64 OF
THE CHULA VISTA MUNICIPAL CODE RELATING TO TRUCK ROUTES (FIRST
READING)
There have been many changes to the City's circulation system since the truck routes
ordinance was last modified in 1991. Recently, staff has reviewed the existing truck
routes and recommends several changes in order to: 1) clarify the intended usage of
existing streets throughout the City, and 2) classify some future streets depicted on the
approved entitlement documents for Villages 2, 6, 7, 11 and Planning Area 12 of the Otay
Ranch. Adoption of the resolution approves those revisions to the truck route ordinance.
(City Engineer)
Staff recommendation: Council place the ordinance on first reading.
5. RESOLUTION NO. 2006-086, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ADOPTING AN AMENDED OTAY V ALLEY REGIONAL
PARK JOINT EXERCISE OF POWERS AGREEMENT (JEPA) BETWEEN THE
COUNTY OF SAN DIEGO AND THE CITIES OF CHULA VISTA AND SAN DIEGO
CHANGING THE NUMBER OF VOTES NECESSARY FOR THE CITIZENS
ADVISORY COMMITTEE OF THE OTAY VALLEY REGIONAL PARK JEPA TO
TAKE ACTION, AND AUTHORIZING THE MAYOR TO SIGN THE AMENDED
AGREEMENT
Page 2 - Council Minutes
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March 21,2006
CONSENT CALENDAR (continued)
Adoption of the resolution approves an amendment to the Otay Valley Regional Park
Joint Exercise of Powers agreement by clarifying the minimum number of votes required
by the Citizen Advisory Committee to take action on an item. (Planning and Building
Director)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION NO. 2006-087, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA DECLARING THE CITY'S INTENTION TO
UNDERGROUND OVERHEAD 138 KV ELECTRICAL TRANSMISSION LINES
(TIE LINE 13815) ALONG THE CHULA VISTA BAYFRONT AND SUPPORTING
STRUCTURES BETWEEN TOWER 189507 AND TOWER 188701, INCLUDING
TOWER 188701, AND SETTING A PUBLIC HEARING FOR THE FORMATION OF
A UTILITY UNDERGROUNDING DISTRICT ON APRIL 25, 2006 AT 6:00 P.M.
In order to proceed with the City's redevelopment of the Bayfront, the large 138 kV
electrical transmission lines currently located west of Bay Boulevard must be installed
underground and the towers removed. The terms for the performance of this work were
outlined in the Memorandum of Understanding between the City and SDG&E dated
October 12, 2004. (City Engineer)
Staff recommendation: Council adopt the resolution.
7. Item 7 was removed from the Consent Calendar.
8. RESOLUTION NO. 2006-088, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT
FOR THE "SDG&E PARK LIGHTING IMPROVEMENTS (PR273)" PROJECT TO
PALM ENGINEERING CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF
$107,800
On March 8, 2006, the Director of General Services received sealed bids for this project.
The work for the project primarily includes park lighting improvements at SDG&E Park
located at 1450 Hilltop. (General Services Director)
Staffrecommendation: Council adopt the resolution.
Prior to taking action on the Consent Calendar, Mayor Padilla recognized the following speakers
wishing to address Item 2:
Heather Lee representing the Alcohol and Other Drug Prevention Program of the South Bay
YMCA, spoke in opposition to the amendment to the zoning code, stating that the establishment
of a brewery or distillery so close to residential areas would have a negative effect on community
members, both young and old.
Page 3 - Council Minutes
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March 21, 2006
CONSENT CALENDAR (continued)
Jeremy Jones, representing the Alcohol and Other Drugs (AOD) Coalition, expressed his
concerns and requested, in collaboration with the Chula Vista AOD, Council consideration of
steps to ensure responsible beverage services, limited access to minors, control of liquor
producers, manufacturers and distillers in the community, environmental impacts in terms of
normalization of alcohol as an integral part of the business community in Chula Vista, and the
over inundation of alcohol availability on the west side of Chula Vista.
Councilmember Rindone stated that he was preparing an editorial on this subject and presented
the five major programs that the Chula Vista Police Department is using proactively to curb
underage drinking:
1) Minor decoy operation
2) Shoulder tap operation
3) Operation safe crossing
4) Cops in shops
5) General enforcement operations
Councilmember Chavez commended the speakers for addressing this issue before the Council
and noted that this would be one of the topics under discussion at an upcoming Public Safety
Committee meeting.
Deputy Mayor McCann eXplained that this ordinance would allow for a microbrewery, such as a
Carl Strauss or Gordon Biersch, to be able to have restaurants in Chula Vista. It would be a
highly professional, highly monitored, upstanding restaurant. Any proposal for additional
businesses like this would have to go through the Conditional Use Permit process, requiring
public hearings and notification to all outlying areas; and all alcohol beverage control laws
would be strictly enforced.
Councilmember Chavez also noted that this particular establishment is for production only, not a
place for social gatherings. The companies will be producing only a small amount for
distribution to their restaurants, and there are no schools or parks nearby.
Councilmember Castaneda asked staff to convey to the Planning Commission that signage
should be limited under a conditional use permit to ensure that the businesses are kept low key
and discrete so as not to convey the wrong message.
ACTION:
Deputy Mayor McCann moved to approve staffs recommendations and offered
Consent Calendar Items 1 through 6 and 8, headings read and texts waived, noting
that Item 7 was deleted from the agenda at the request of the City Attorney. The
motion carried 5-0 except on Item 4, which carried 4-0-1, with Mayor Padilla
abstaining due to the proximity of property that he owns to one of the subject
routes.
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Page 4 - Council Minutes
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March 21, 2006
ITEMS REMOVED FROM THE CONSENT CALENDAR
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FINAL MAP OF SUNBOW VILLAS, CHULA VISTA TRACT
NO. 05-03 FOR CONDOMINIUM PURPOSES, AND THE ASSOCIATED
SUPPLEMENTAL AND SUBDIVISION AGREEMENT (Continued trom March 14,
2006)
On March I, 2005, the Council approved a tentative subdivision map for Sunbow Villas,
a project consisting of a condominium conversion of202 multi-family units. Adoption of
the resolution allows the final map to record, converting the existing apartments into
condominiums. (City Engineer)
This item was removed trom the agenda at the request of the City Attorney. It was not
discussed, and no action was taken.
Action Item 10 was taken out of order and actually considered at this point in the meeting.
PUBLIC COMMENTS
Pat O'Neil addressed the Council regarding ongoing issues she and her neighbors are
experiencing in the Chula Vista Mobile Home Park. She stated that larger mobile homes are
replacing smaller ones, resulting in the moving of lot lines and the reduction of space between
new mobile homes and the older, established ones. She also reported that a home located at the
rear of her property is ready for sale in two weeks but should be condemned due to mold in the
unit. She believed that the City's Code Enforcement Department needed additional help to
address code violations in mobile home parks.
Carolyn Easley, also of the Chula Vista Mobile Home Park, spoke regarding a park noise rule
that the mobile home installers are not adhering to, and requested Council assistance for the
seniors living in mobile home parks in the community.
Senior Community Development Specialist Perez provided translation for the following two
speakers:
Paty Osuna, an active member of the Neighborhood Community Council Initiative (NCCI),
requested that future agenda items relating to liquor be provided to the community in Spanish.
Maria Luisa Aldrete, a promoter of a healthy, active Chula Vista, addressed the Council on
concerns about the dangers associated with pedestrian traffic issues, particularly in western
Chula Vista. She stated that many western Chula Vistans rely on walking as a means of getting
to work and school, yet they need to contend with some of the most hazardous streets in the City.
She asked whether the City has done all it can to make streets and neighborhoods safe for
children to walk and play outside. She asked the Council to consider the traffic calming
recommendations provided by WalkSanDiego, especially in areas around schools.
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March 21,2006
ACTION ITEMS
9. CONSIDERATION OF AN AMENDMENT TO THE MUNICIPAL CODE TO
REGULATE THE PROXIMITY OF SEX OFFENDERS TO SCHOOLS AND PARKS
Convicted sex offenders who have committed a sexual offense against children pose a
threat to the children residing or visiting in our community, and therefore, the Council
desires to impose additional safety precautions to further the goal of protecting children
throughout the City. (Police Chief)
City Attorney Moore stated the following for the record: "The sex offender ordinance before the
City Council tonight establishes a buffer zone around schools and parks within the City. All five
City Councilmembers own property within 500 feet of a school or park impacted by this
ordinance. The Fair Political Practices Commission has provided us with a written opinion that
all five Councilmembers have a conflict of interest with respect to voting on this ordinance. In
addition, the Fair Political Practices Commission does not have sufficient facts to determine if
enough property owners in Chula Vista would be equally impacted, so they cannot determine if
the public general exception rule applies in this case. Therefore, the City must invoke the "rule
of legally required participation" in order to take action on this ordinance. This requires that all
five Councilmembers' names be placed in a hat, and three names will be pulled out at random.
Those will be the Councilmembers who will be allowed to participate on this item."
City Attorney Moore then placed slips of paper containing the Councilmembers' names into a
hat and asked Senior Deputy City Clerk Peoples to draw three names to determine the
Councilmembers who would be allowed to participate, while the remaining two would be asked
to leave the Chambers. Senior Deputy City Clerk Peoples drew the following names at random:
Councilmember Rindone, Councilmember Castaneda, and Councilmember Chavez.
Mayor Padilla passed the gavel for purposes of this item to Councilmember Rindone.
Mayor Padilla and Deputy Mayor McCann then left the dais at 7:03 p.m.
Councilmember Rindone noted that no speaker slips had been received ITom the public. He then
called on Police Chief Emerson to provide a brief overview of the staff report and respond to
questions of the Council.
Chief Emerson referred to the ordinance as "distance marker legislation," which prohibits
registered sex offenders whose crimes were against minors ITom residing within 500 feet of the
real property of a school, grades kindergarten through eighth grade, or a park. He stated that the
proposed ordinance would not apply to people who established a residence prior to July I, 2006.
Chief Emerson then responded to questions of Councilmember Castaneda, explaining the
notification process to be used in the implementation of the City's new ordinance. Further, he
explained that while other cities in the County have adopted loitering ordinances prohibiting
those who are registered with a sex conviction against a child ITom loitering around a park, the
City's proposed ordinance states that a sex offender cannot live within 500 feet of a park or
school.
Itf--&'
Page 6 - Council Minutes
http://www.chulavistaca.gov
March 21,2006
.'
ACTION ITEMS (Continued)
Councilmember Chavez expressed the importance for parents and community members to be
vigilant in protecting our children.
Councilmember Rindone requested a report from staff in six months, as well as consideration of
amending the ordinance to cover school grades from kindergarten through twelfth and addressing
the loitering aspect of the issue.
Councilmember Chavez concurred with the recommendation by Councilmember Rindone to
cover school grades from kindergarten through twelfth.
Tanya Rovira-Osterwalder, a Chula Vista resident, stated that she has a fourteen-year-old
daughter and agreed with the Council that the ordinance should cover through twelfth grade.
ACTION:
Councilmember Castaneda moved to place the Ordinance on first reading,
heading read, text waived:
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ADDING CHAPTER 9.80 TO THE CITY OF CHULA VISTA
MUNICIPAL CODE TO REGULATE THE PROXIMITY OF SEX
OFFENDERS TO SCHOOLS AND PARKS (FIRST READING)
Councilmember Chavez seconded the motion, and it carried 3-0-2, with Mayor
Padilla and Deputy Mayor McCann abstaining from participation and absent from
the dais due to the "rule oflegally required participation."
Councilmember Castaneda further directed staff to bring back an analysis on modifying the
ordinance to give the City the ability to fully restrict the presence of sex offenders within
sensitive areas where children congregate, such as parks and libraries; and to also extend the
coverage of the ordinance to school grades kindergarten through twelfth.
Mayor Padilla and Deputy Mayor McCann returned to the dais at 7:27 p.m., and Councilmember
Rindone handed the gavel over to Mayor Padilla.
10. CONSIDERATION OF AWARDING CONTRACTS FOR POLICE-INlTIATED
TOWING AND STORAGE SERVICES, AND AMENDING THE SERVICE RATE
SCHEDULE
The Police Department recently completed a request for proposals for Police-initiated
towing and impound services. Adoption of the resolutions awards the contracts, amends
the service rate schedule, and authorizes the Police Department to make annual changes
to the police-initiated towing service rate schedule. (Police Chief)
Item 10 was taken out of order and actually addressed prior to Public Comments.
//
."..';;
'"
Page 7 - Council Minutes
http://www.chulavistaca.gov
March 21, 2006
ACTION ITEMS (Continued)
Deputy Mayor McCann stated he still had questions on this item and requested that it be
continued for two weeks.
Mayor Padilla asked if those who turned in speaker slips for this item wished to speak to the
item, or wait until the item is brought back for consideration. The following people declined to
speak at this time: Peter Gregorovic, attorney representing JC Towing Inc., John and Josie
Clark, owners of JC Towing, Inc., and David Pudgel, representing RoadOne.
ACTION:
Deputy Mayor McCann moved to continue Item 10 for two weeks.
Councilmember Chavez seconded the motion, and it carried 5-0.
Councihnember Rindone asked staffto contact him regarding a concern he has on the item.
OTHER BUSINESS
II. CITY MANAGER REPORTS
There were none.
12. MAYOR'S REPORTS
Consideration of City Council committee assignments.
Mayor Padilla asked that this item be continued to the meeting of March 28,2006.
Mayor Padilla asked staff to provide an update on a previous referral by Councilmember Chavez
for information on an ordinance requiring the registration oflobbyists within the City.
13. COUNCIL COMMENTS
Councilmember Chavez congratulated the Chula Vista Elementary School District's speech
contestants and requested that a list of the winners and second and third place contestants be
posted on the City's website. She then thanked Senator Denise Ducheney for holding the first
Medicare fair in the City and providing assistance to seniors in completing their applications for
new prescription drug programs. She requested that the City's Communications
Department/Webmaster provide a link on the City website to the Channel 10 website to provide
this information to our seniors. She gave an update on translation services, stating that the City
is currently looking at six different vendors that provide translation services. It is anticipated that
the first translation service will be provided at the April 6, 2006 Council workshop. She also
expressed the need to translate the Council agendas. Lastly, she asked staff to arrange a summit
with the school districts to assist them in making a decision on a common school calendar.
Deputy Mayor McCann stated that he had raised the common calendar issue at the City/Schools
Task Force meeting and suggested that CounciImember Chavez be considered for appointment to
the Task Force to address this issue next week when the committee assignments are considered.
He then urged those present to join the Council by voting to support the Jessica's Law initiative
on the June ballot.
Page 8 - Council Minutes
Ill-V
http://www.chulavistaca.gov
March 21, 2006
OTHER BUSINESS (Continued)
Councilmember Rindone stated that the Taste of the Town event would be held in September
this year. He then commented that the modified school calendar is a complex issue, and the
City's connection is that a common calendar would assist law enforcement in enforcing
truancies, which have a financial impact on the school districts. Next, he announced that
possibly the final Urban Core Specific Plan meeting is being held Wednesday, March 29'\ at
Just Java in downtown Chula Vista, trom 4:00 p.m. to 7:00 p.m. He reported on his attendance
today at the unveiling of Chula Vista's original school bell. He requested a reissue of his prior
staff referral on what the state legislature is doing with regard to eminent domain, asking staff to
place the memorandum trom Governmental Affairs Coordinator Bradley regarding state
legislation on the City website, along with links to the various legislative items.
Councilmember Castaneda stated that the first meeting of the Public Safety Committee is being
held on March 29, 2006, at 10:00 a.m. in the Police Department Community Room, and made
referrals to the City Clerk's Office to provide assistance in meeting noticing requirements and
the Police Department to maintain records of the committee meetings.
Councilmember Rindone stated he had received a memorandum dated March 10, 2006 trom the
City Manager regarding Community Choice Aggregation and requested it be docketed on a
future agenda.
CLOSED SESSION
14. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
. One Case. On March 8, 2006, an article was printed in the Union Tribune
alleging that the Kanter agreement has been suspended, pending an investigation.
The article states that "Kanter threatened to sue the City if an agreement on how
to terminate the contract was not reached. "
No reportable action was taken on this item.
15. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c)
. One Case
No reportable action was taken on this item.
ADJOURNMENT
At 9:15 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting on March 28, 2006 at
6:00p.m. in the Council Chambers. . ~ ~~~
~ Anne Peoples, CMC
Senior Deputy City Clerk
Page 9 - Council Minutes
//l~.9
http://www.chulavistaca.gov
March 21,2006
MINUTES OF A SPECIAL MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
March 30, 2006
10:00 A.M.
HI-NATIONAL CITY COUNCIL MEETING
The meeting was held at the San Diego Country Club, 88 West L Street, Chula Vista, California.
It began at 10:00 a.m.
The South County Economic Development Council (EDC) hosted the meeting at the San Diego
Country Club, 88 West L Street, Chu1a Vista, California. The meeting began at 10:00 a.m., and
members of the EDC made a presentation to regional elected officials regarding bi-national
opportunities.
Because a quorum of the Chula Vista City Council attended this meeting, it was noticed as a
special meeting of the City Council under Brown Act requirements. In attendance were Mayor
Padilla and Councilmembers Castaneda, Chavez and Rindone. No action was taken by the City
Council.
ADJOURNMENT
The meeting adjourned at 12:00 p.m.
~ i!LLk.--=?9(~
Susan Bigelow, MMC, C'rt'y Clerk
/8-/
COUNCIL AGENDA STATEMENT
r
Item /-'
Meeting Date 04/11/06
ITEM TITLE:
Resolution Approving the Final Map ofChula Vista Tract No.
00-03, Bella Lago, accepting the various streets and easements granted on said
map, and approving the associated Subdivision Improvement Agreement and
Supplemental Subdivision Improvement Agreement for the project.
Resolution Approving the Grant of Easements and
Maintenance Agreement for Chula Vista Tract No. 00-03, Bella Lago, between
K. Hovnanian at Bella Lago, LLC, and Bella Lago, LLC, and the City regarding
maintenance of private facilities within the public right-of-way.
SUBMITTED BY: Acting Director ofEngineering~
REVIEWED BY: City Manager -( ~Lt"t PK
(4/5ths Vote: Yes_NoX)
On April 8, 2003 by Resolution No. 2003-143, the City approved Tentative Map No. 00-03 for Bella
Lago. Tonight, City Council will consider the approval ofChula Vista Tract No. 00-03, Bella Lago.
RECOMMENDATION: That Council adopt the following:
1. Resolution approving the Final Map, the Subdivision Improvement Agreement, and the
Supplemental Subdivision Improvement Agreement.
2. Resolution approving the Grant of Easements and Maintenance Agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable
DISCUSSION:
The area is generally located north of Proctor Valley Road, and east ofSR-125. The final map for Bella
Lago consists of 139 numbered lots (Single-Family Detached units) and seven lettered lots, totaling a
gross area of 179.45 acres (see Exhibit 1). This map is the only final map for the Bella Lago Project.
The final map has been reviewed by the Engineering and Public Works Departments and found to be in
substantial conformance with the approved Tentative Map. Approval of this map constitutes acceptance
by the City of all assignable and irrevocable general utility and access easements, open space, sidewalk,
and landscape and irrigation easement, tree planting and maintenance easements, water sewer, storm
drain, and sidewalk easement, sight visibility easements, and brush managements easement within the
subdivision. K. Hovnanian at Bella Lago, LLC, and Bella Lago, LLC, as subsequent and current owner
of Bella Lago has executed the appropriate Subdivision Improvement Agreement, providing bonds to
secure the construction of onsite facilities within the subdivision and Supplemental Subdivision
Improvement Agreement, which address several outstanding conditions of the tentative map.
2-1
Page 2, Item
Meeting Date 04/11/06
Affordable Housin!!
The Developer has satisfied the Affordable Housing Program obligation for Bella Lago.
Parks
All PAD fees were paid through a cash payment to the City in the amount of $2,313,516.00.
Grant of Easements and Maintenance A!!reement
There is no maintenance Community Facilities District for Bella Lago, therefore Bella Lago Home
Owners Association (BOA) is responsible for all maintenance. The Maintenance Agreement establishes
specific obligations and responsibilities of the Developer, which wi11later be transferred to the HOA,
regarding the maintenance of private open space and facilities within the right-of- way. This Agreement
also grants non-City crews permission to maintain parkways and water quality facilities in the public
right-of-way.
FISCAL IMP ACT: None to the City. The Developer has paid all costs associated with the proposed
Final Map and Agreement.
Attachments and Exhibits:
Attachment 1: Plat-Bella Lago, Chula Vista Tract 00-03, location map.
Attachment 2: Developer's Disclosure Statements.
Exhibit A: The Subdivision Improvement Agreement
Exhibit B: The Supplemental Subdivision Improvement Agreement
Exhibit C: The Grant of Easements and Maintenance Agreement
J:\Engineer\AGENDA\CAS2006\04-11-06\A113 for Bella Lago B Map.doc
.
2-2
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SAN DIEGO. CA.
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Bella Lago
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2-3
City of Chula Vista Disclosure Statement
ATTACHMENT 2.
Pursuant to Council Policy 101-0 I, prior to any action upon matters which will require discretionary action by the
Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain
ownership or financial interests, payments, or campaign contributions for a City ofChula Vista election must be
filed. The following information must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the application
or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
f#~A iA1jJ~. L.LC-
2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals with a $1000 investment in the business (corporation/partnership) entity.
~ tJ 7/-1'/ f0t.-50A.!
3. If any person' identified pursuant to (1) above is a non"profit organization or trust, list the names of any
person serving as director of the non-profit organization or as trustee or beneficiary or trustor ofthe trust.
4. Please identifY every person, including any agents, employees, consultants, or independent contractors you
have assigned to represent you before the City in this matter?
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5. Has any person' associated with this contract had any financial dealings with an official" of the City of
Chula Vista as it relates to this contract within the past 12 months. Yes_ NoL
2-4
City of Chula Vista Disclosure Statement
If Yes, briefly describe the nature of the financial interest the official*. may have in this contract?
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member
of the Chula Vista City Council? No 25 Yes _ If yes, which Council member?
7. Have you or any member of your governing board (i.e. Corporate Board of Directors/Executives,
non-profit Board of Directors made contributions totaling more than $1,000 over the past four (4) years to
a current member of the Chula Vista City Council? Yes_ No~
If Yes, which Council member?
8. Have you provided more than $300 (or an item of equivalent value) to an official** of the City ofChula
Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal
debt, gift, loan, etc.) Yes _ No ~
If Yes, which official.. and what was the nature of item provided?
Date:
)-tf-t16
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.
ontractor/ Applicant
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Print or type name of Contractor/Applicant
(#u.4~~~.;t....C)
Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or
other political subdivision, -or any other group or combination acting as a unit.
.
..
Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a
board, commission, or committee ofthe City, employee, or staff members.
J:\ENGtNEBR\LANDOIMFORMS-OFFlCtAL\MISaDISCLOSURE STATEMENT_DOC
.
2-5
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 00-03, BELLA
LAGO, ACCEPTING THE VARIOUS STREETS AND EASEMENTS GRANTED
ON SAID MAP, AND APPROVING THE ASSOCIATED SUBDIVISION
IMPROVEMENT AGREEMENT AND SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE PROJECT.
WHEREAS, the developer, K. HOVNANIAN AT BELLA LAGO, LLC, and BELLA
LAGO, LLC have submitted a final map for Bella Lago (K. Hovnanian at Bel1a Lago, LLC and
Bella Lago LLC, are collectively referred to herein as "Developer"); and
WHEREAS, the developer has executed Subdivision Improvement Agreement to install
public facilities associated with the projects; and
WHEREAS, the developer has executed Supplemental Subdivision Improvement
Agreement to satisfy remaining conditions of City Council Resolutions No. 2003-143.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby finds that certain map survey entitled Chula Vista Tract 00-03, Bella Lago, and
more particularly described as follows:
Being a subdivision of the southeast quarter of the northeast quarter, the west half
of the southeast quarter and the southeast quarter of the northwest quarter of the
northwest quarter, all in section 24, in the City of Chula Vista and the northwest quarter
of the northwest quarter of the northeast quarter of section 25, and the north three and
one-half acres of the southwest quarter of the northwest quarter of the northeast quarter of
section 25, and the north three quarters of the southwest quarter of the northwest quarter
of the northeast quarter of section 25, all in township 17 south, range I west, San
Bernardino base and meridian, in the County of San Diego, State of California.
Area: 179.45 Acres
Numbered Lots: 139
No..ofLots: 146
Lettered Lots: 7
is made in the manner and form prescribed by law and conforms to the surrounding surveys; and
that said map and subdivision ofland shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED, the City Council hereby accepts on behalf of the City of
Chula Vista the various easements, all as granted on said map within this subdivision, subject to
the conditions set forth thereon.
BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista is hereby
authorized and directed to endorse upon said map the action of said Council; that said Council
has approved said subdivision map, and that those certain easements, as granted thereon and
shown on said map within said subdivision, are accepted on behalf of the City of Chula Vista as
herein above stated.
2-6
Resolution 2006-
Page 2
BE IT FURTHER RESOLVED that City Clerk is hereby directed to transmit said map to
the Clerk of the Board of Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that the Subdivision Improvement Agreement for the
completion of improvements in said subdivision, copy of which shall be kept on file in the office
of the City Clerk, is hereby approved.
BE IT FURTHER RESOLVED that that certain Supplemental Subdivision Improvement
Agreement for addressing on-going conditions of approval that will remain in effect and run with
the land for the map, copy of which is on file in the Office of the City Clerk is hereby approved;
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said agreements on behalf ofthe City of Chula Vista.
Presented by
Approved as to form by
Leah Browder
Acting Director of Engineering
.
2-7
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
4/5-/06
f I
Subdivision Improvement Agreement between the City of Chula Vista and
K. Hovananian at Bella Lago, LLC
Dated:
2-8
EXHIBIT; I
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this _ day of ,2005, by and
between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", K.
Hovnanian at Bella Lago, LLC a California Limited Liability Company, and Bella Lago LLC, a
California Limited Liability Company, 380 Stevens Avenue, Suite 211, Solana Beach, CA
92075, and 5566 Valerio Trail, San Diego, CA 92130 hereinafter called "Subdivider" with
reference to the facts set forth below, which Recitals constitute a part of this Agreement;
RECITALS:
WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista
for approval and recordation, a final subdivision map of a proposed subdivision, to be known as
Bella Lago, (CVT 03-03) pursuant to the provisions of the Subdivision Map Act of the State of
California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code
relating to the filing, approval and recordation of subdivision map; and
WHEREAS, the Code provides that before said map is finally approved by the Council of
the City of Chula Vista, Subdivider must hav.e either installed and completed all of the
improvements and/or land development work required by the Code to be installed in
subdivisions before fmal maps of subdivisions are approved by the Council for purpose of
recording in the Office of the County Recorder of San Diego County, or, as an alternative
thereto, Subdivider shall enter into an agreement with City, secured by an approved
improvement security to insure the performance of said work pursuant to the requirements of
Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the improvements and/or land development work required in
said subdivision within a defmite period of time prescribed by said Council; and
WHEREAS, Subdivider is willing in consideration of the approval and recordation of
said map by the Council, to enter into this agreement wherein it is provided that Subdivider will
-1-
2-9
install and complete, at Subdivider's own expense, all the improvement work required by City in
connection with the proposed subdivision and will deliver to City improvement securities as
approved by the City Attorney; and
WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to
certain requirements and conditions, as contained in Resolution No. 2003-143, approved on the
8th day of April, 2003 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the construction, installation
and completion of said improvement work have been prepared and submitted to the City
Engineer, as shown on Drawing Sets 04100, inclusive on flie in the office of the City Engineer;
and
WHEREAS, an estimate of the cost of constructing said improvements
according to said plans and specifications has been submitted and approved by the City in the
amount of FOUR MILLIONS, SEVENTY FOUR THOUSANDS, SIX HUNDREDS AND
SEVEN, AND NO CENTS ($4,074,607.00).
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest, an obligation the burden of which
encumbers and runs with the land, agrees to comply with all of the terms, conditions and
requirements of the Tentative Map Resolution; to do and perform or cause to be done and
performed, at its own expense, without cost to City, in a good and workmanlike manner, under
the direction and to the satisfaction and approval of the City Engineer, all of the improvement
and/or land development work required to be done in and adjoining said subdivision, including
the improvements described in the above Recitals ("Improvement Work"); and will furnish the
necessary materials therefore, all in strict conformity and in accordance with the plans and
specifications, which documents have heretofore been flied in the Office of the City Engineer
and as described in the above Recitals this reference are incorporated herein and made a part
hereof.
2. It is expressly understood and agreed that all monuments have been or will be
installed within thirty (30) days after the completion and acceptance of the Improvement Work,
and that Subdivider has installed or will install temporary street name signs if permanent street
name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will cause all necessary
materials to be furnished and all Improvement Work required under the provisions of this
contract to be done on or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform said Improvement Work as
set forth hereinabove, or that portion of said Improvement Work serving any buildings or
structures ready for occupancy in said subdivision, prior to the issuance of any certificate of
.
-2-
2-10
clearance for utility connections for said buildings or structures in said subdivision, and such
certificate shall not be issued until the City Engineer has certified in writing the completion of
said improvements or the portion thereof serving said building or structures approved by the
City; provided, however, that the improvement security shall not be required to cover the
provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider that, in the performance of
said Improvement Work, Subdivider will conform to and abide by all of the provisions of the
ordinances of the City of Chula Vista, and the laws of the State of California applicable to said
work.
6. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of FOUR
MILLIONS, SEVENTY FOUR THOUSANDS, SIX HUNDREDS AND SEVEN, AND NO
CENTS ($4,074,607.00), which security shall guarantee the faithful performance of this contract
by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof.
7. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of FOUR
MILLIONS, SEVENTY FOUR THOUSANDS, SIX HUNDREDS AND SEVEN, AND NO
CENTS ($4,074,607.00), to secure the payment of material and labor in connection with the
installation of said improvements, which security is attached hereto, marked Exhibit "B" and
made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof.
8. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of FORTY EIGHT
THOUSANDS, AND NO CENTS ($48,000.00) to secure the installation of monuments, which
security is attached hereto, marked Exhibit "C" and made a part hereof.
9. It is further agreed that if the Improvement Work is not completed within the time
agreed herein, the sums provided by said improvement securities may be used by City for the
completion of the Improvement Work within said subdivision in accordance with such
specifications herein contained or referred, or at the option of the City, as are approved by the
City Council at the time of engaging the work to be performed. Upon certification of completion
by the City Engineer and acceptance of said work by City, and after certification by the Director
of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required
for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the
terms of the improvement security. Subdivider agrees to pay to the City any difference between
the total costs incurred to perform the work, including design and administration of construction
(including a reasonable allocation of overhead), and any proceeds from the improvement
security.
10. It is also expressly agreed and understood by the parties hereto that in no case will
-3-
2-11
the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be
liable for the payment of any sum or sums for said work or any materials furnished therefore,
except to the limits established by the approved improvement security in accordance with the
requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista
Municipal Code.
11. It is further understood and agreed by Subdivider that any engineering costs
(including plan checking, inspection, materials furnished and other incidental expenses) incurred
by City in connection with the approval of the Improvement Work plans and installation of
Improvement Work hereinabove provided for, and the cost of street signs and street trees as
required by City and approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money
sufficient to cover said cost.
.
12. It is understood and agreed that until such time as all Improvement Work is fully
completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer lines within the proposed
subdivision. It is further understood and agreed that Subdivider shall guarantee all
improvements for a period of one year from date of final acceptance and correct any and all
defects or deficiencies arising during said period as a result of the acts or omission of Subdivider,
its agents or employees in the performance of this agreement, and that upon acceptance of the
work by City, Subdivider shall grant to City, by appropriate conveyance, the improvements
constructed pursuant to this agreement; provided, however, that said acceptance shall not
constitute a waiver of defects by City as set forth hereinabove.
13. It is understood and agreed that City, as indemnitee, or any officer or employee
thereof, shall not be liable for any injury to person or property occasioned by reason of the acts
or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement.
Subdivider further agrees to protect and hold the City, its officers and employees, harmless from
any and all claims, demands, causes of action, liability or loss of any sort, because of or arising
out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this
agreement; provided, however, that the approved improvement security shall not be required to
cover the provisions of this paragraph. Such indemnification and agreement to hold harmless
shall extend to damages to adjacent or downstream properties or the taking of property from
owners of such adjacent or downstream properties as a result of the construction of said
subdivision and the improvements as provided herein. It shall also extend to damages resulting
from diversion of waters, change in the volume of flow, modification of the velocity of the
water, erosion or siltation, or the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of plans providing for any or
all of these conditions shall not constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of
the subdivision pursuant to said approved improvement plans. The provisions of this paragraph
shall become effective upon the execution of this agreement and shall remain in full force and
effect for ten (10) years following the acceptance by the City of the improvements.
.
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14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents,
officers, and employees from any claim, action, or proceeding against the City or its agents,
officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory
agency, appeal board, or legislative body concerning a subdivision, which action is brought
within the time period provided for in Section 66499.37 of the Government Code of the State of
California.
15. Assignability. Upon request of the Subdivider, any or all on-site duties and
obligations set forth herein may be assigned to Subdivider's successor in interest if the City
Manager in hislher sole discretion determines that such an assignment will not adversely affect
the City's interest. The City Manager in hislher sole discretion may, if such assignment is
requested, permit a substitution of securities by the successor in interest in place and stead of the
original securities described herein so long as such substituted securities meet the criteria for
security as set forth elsewhere in this Agreement. Such assignment will be in a form approved
by the City Attorney.
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SIGNATURE PAGE ONE OF TWO
SUBDNISION IMPROVEMENT AGREEMENT
BELLA LAGO
(CVT 03-03)
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
the day and year fIrst hereinabove set forth.
THE CITY OF CHULA VISTA
Stephen C. Padilla
Mayor
ATTEST:
.
Susan Bigelow
City Clerk
Approved as to form by
Ann Moore
City Attorney
.
-6-
2-14
SIGNATURE PAGE TWO OF TWO
SUBDIVISION IMPROVEMENT AGREEMENT
BELLA LAGO
(CVT 03-03)
DEVELOPERS/OWNERS:
K. Hovnanian at Bella Lago, LLC
BY:~
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Bella Lago, LLC
By ~ ~4n-
(Attach Notary Acknowledgment)
-7-
2-15
LIST OF EXHIBITS
Exhibit "A"
Improvement Security - Faithful Performance
Form: Bond
Amount:
$4,095,342.00
Exhibit "B"
Improvement Security - Material and Labor:
Form: Bond
Amount:
$4,095,342.00
Exhibit "C"
Improvement Security - Monuments:
Form: Bond
Amount:
$48,000.00
Securities approved as to form and amount by
City Attorney
Improvement Completion Date: Two (2) years from date of City Council approval of the
Subdivision Improvement Agreement.
C:\Documents and Settings\rimat\My Documents\projects related\San Miguel Ranch Phase nl\SIA for K SMR.doc
-8-
2-16
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
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Name(s)ofSlgnlr(s)
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@ MOON R. WATERBURY
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.I San Diego County ,
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to be the person~ whose name~ is/are
subscribed to the within instrument and
acknowledged to me that he/sReAAey executed
the same in his/~r authorized
capacity(ies). and that by his/~ir
signature(~ on the instrument the person(S), or
the entity upon behalf of which the person,l8')
acted, executed the instrument.
WITNESS my hand and official seal.
'A~ K. /d;:f::"-o
Signature 01 Notary Public
OPTIONAL
Though the information below is not required by law; it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
litle or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
"
Capacity(ies) Claimed by Signer
Signer's Name:
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o Partner - 0 Limited 0 General
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Signer Is Representing:
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Reorder: Call Toll-Free 1-80~71M827
C 11199 National Notary Associatjcn' 9350 De SotoAVB., P.O. Sox 2<W2' Chatswcrth, CA 91313-2402 .www.na~cnajnotary.org
Prod. No. 5907
2-17
THE ATTACHED AGREBvIENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Dated:
3/) /7)7
I
Supplemental Subdivision Improvement Agreement between the City of
Chula Vista and K. Hovnanian at Bella Lago, LLC for Bella Lago Final Map
2-18
EXHIBIT 2--
RECORDING REQUEST BY:
City Clerk
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Above Space for Recorder's Use
WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer taX is due as this is
a conveyance to a public agency
of less than a fee interest for
which no cash consideration has
been paid or received.
BE-002F
BELLA LAGO FINAL MAP
SUPPLENfENTAL SUBDIVISION Il\IIPROVEMENT AGREEMENT
(Conditions 1,2,3,4,7,8, 13, 14, 17,20,21,23,33,41,52,53,66,72,76,81,84,96,97,98,
99, 100, 101, 102, 103, 105, 106, 107, 108, 110, 112, 115, 119, 121, 123, 124, 125, 126, 127,
128,129,130,131,133,134,136,138,139,140,141,148,149,150, and 151)
This Supplemental Subdivision Improvement Agreement ("Agreement") is made this
_day of_, 2006, by and between THE CITY OF CHULA VISTA, California ("City" for
recording purposes only) and K. Hovnanian at Bella Lago, LLC a California Limited Liability
Company, and Bella Lago LLC, a California Limited Liability Company, ("Developer" or
"Owner"), as owner with reference to the facts set forth below, which recitals constitute a part of
this Agreementl
RECITALS
A. This Agreement concerns and affects certain real property located in Chula Vista,
I K. Hovnanian at Bella Lago, LLC and Bella Lago LLC, are collectively referred to herein as
"Developer"
2-19
California, more particularly described on Exhibit "A" attached hereto and incorporated herein
("Property"). The Property is within approved Tentative Subdivision Map Chula Vista Tract 03-
03, which project is co=only known as Bella Lago. For purposes of this Agreement the term
"Project" shall also mean "Property".
B. Developer and/or Developer's predecessor in interest has applied for and the City
has approved Tentative Subdivision Map co=only referred to as Chula Vista Tract 03-03
("Tentative Subdivision Map") for the subdivision of the Property.
C. The City has adopted Resolution No. 2003-143 ("Resolution") pursuant to which
it has approved the Tentative Subdivision Map subject to certain conditions as
more particularly described in the Resolution and thereafter amended said
conditions pursuant to City Council Resolution No. 2003-143 (collectively
hereinafter refer to as "Resolution").
D. The Developer has applied for and the City Engineer and Planning Director have
approved a second substantial conformance request for Bella Lago, dated 2/8/06.
The substantial conformance changed half the private streets back to public while
keeping the drainage system for the whole project privately maintained.
E. The Developer has requested the approval of a frnal map for the project. Certain
conditions of approval of the Tentative Subdivision Map required the Developer
to enter into an agreement with the City prior to approval of the Final Map for the
proj ect.
F. City is willing, on the premises, security, terms and conditions herein contained to
approve the frnal map for which Developer has applied as being in substantial
conformance with the Tentative Subdivision Map described in this Agreement.
G. The following defrned terms shall have the meaning set forth herein, unless
otherwise specifically indicated:
a) "Owner or Developer" means the person, persons or entity having a legal or an equitable
interest in the property or parts thereof and includes Owner's successors-in-interest and assigns
any property within the boundaries of the Property. This includes K. Hovnanian at Bella Lago,
LLC a California Limited Liability Company, and Bella Lago LLC, a California Limited Liability
Company, and any and all owners of real property within the boundaries of the Property, and all
signatories to this Agreement.
b) "Guest Builder" means those entities obtaining any interest in the Property or a portion of
the Property, after the frnal map has been recorded.
NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein
contained, the parties agree as set forth below.
2
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1. Agreement Applicable to Subsequent Owners.
a. Agreement Binding Upon Successors. This Agreement shall be binding upon and
inure to the benefit of the successors, assigns and interests of the parties as to any or all of the
Property as described on Exhibit "A" until released by the mutual consent of the parties.
h. Agreement Runs with the Land. The burden of the covenants contained in this
Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns
and any successor in interest thereto. City is deemed the beneficiary of such covenants for and in
its own right and for the purposes of protecting the interest of the co=unity and other parties
public or private, in whose favor and for whose benefit of such covenants running with the land
have been provided without regard to whether City has been, remained or are owners of any
particular land or interest therein. If such covenants are breached, the City shall have the right to
exercise all rights and remedies and to maintain any actions or suits at law or in equity or other
proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of
this agreement and the covenants may be entitled.
c. Developer Release on Guest Builder Assignments. If Developer assigns any portion
of the Project to a Guest Builder, Developer may request to be released from Developer's
obligations under this Agreement, that are expressly assumed by the Guest Builder, provided
Developer obtains the prior written consent of the City to such release. Such assignment to the
Guest Builder shall, however, be subject to this Agreement and the Burden of this Agreement
shall remain a covenant running with the land. The City shall not withhold its consent to any
such request for a release so long as the assignee acknowledges that the Burden of the Agreement
runs with the land, assumes the obligations of the Developer under this Agreement, and
demonstrates, to the satisfaction of the City, its ability to perform its obligations under this
Agreement as it relates to the portion of the Proj ect which is being acquired by the Assignee.
d. Partial Release of Developer's Assignees. If Developer assigns any portion of the
Project subject to the Burden of this Agreement, upon request by the Developer or its assignee,
the City shall release the assignee of the Burden of this Agreement as to such assigned portion if
such portion has complied with the requirements of this Agreement to the satisfaction of the City
and such partial release will not, in the sole discretion of the City, jeopardize the likelihood that
the remainder of the Burden will not be completed.
e. Release of Individual Lots. Upon the occurrence of any of the following events,
Developer shall, upon receipt of the prior written consent of the City Manager (or Manager's
designee), have the right to release any lot(s) from Developer's obligation under this Agreement:
i. The execution of a purchase agreement for the sale of a residential lot to a
buyer of an individual housing unit;
11. The conveyance of a lot to a Homeowner's Association;
3
2-21
The City shall not withhold its consent to such release so long as the City fInds in good
faith that such release will not jeopardize the City's assurance that the obligations set forth in this
Agreement will be perfo=ed. At the request of the Developer, the City Manager (or Manager's
designee) shall execute an instrument drafted by Developer in a recordable fo= acceptable to the
City Manager (or Manager's designee), which conf1=s the release of such lot or parcel from the
encumbrance of this Agreement.
Notwithstanding the foregoing, at the close of an individual homeowner's escrow on any lot or
parcel encumbered by this Agreement, such lot or parcel shall be automatically released from the
encumbrance hereof.
1. Condition A. - "Project Site is hnproved with Project" (GenerallPreliminary)
The Developer, or its successors-in-interest, shall improve the Project Site with the project as
described in the Tentative Subdivision Map, Chula Vista Tract 03-03, FEIR 02-05, as amended
by Precise Plan and Tentative Map Substantial Confo=ance Exhibit dated 2/23/06, except as
modifIed by Resolution 2003-143.
2. Condition No.1 - (General Preliminary). In satisfaction of Condition I of the
Resolution, Developer hereby agrees to comply with all Tentative Map Conditions and all
provisions of the Chula Vista Municipal Code.
3. Condition No.2 - (General Preliminary). In satisfaction of Condition No.2 of
the Resolution, the Developer hereby agrees that all of the te=s, covenants and conditions
contained herein shall be binding upon and inure to the benefIt of the heirs, successors, assigns
and representatives of the Developer as to any or all of the Property.
4. Condition No. 3 - (Requirements and Guide Lines). In satisfaction of
Condition No.3 of the Resolution, the Developer hereby agrees to comply with all requirements
and guidelines of the City of Chula Vista General Plan; the City's Growth Management
Ordinance; Chula Vista Landscape Manual, Chula Vista Design Plan, Subdivision Manual,
Municipal Pe=it Order #2001-01, Affordable Housing Program, Bella Lago Precise Plan, Bella
Lago Property Development Standards and FEIR 02-05; all as may be amended from time to
time, unless specifIcally modifIed by the appropriate department head, with the approval of the
City Manager. These plans may be subject to minor modifIcations by the appropriate department
head, with the approval of the City Manager, however, any material modifIcations shall be
subject to approval by the City Council.
5. Condition No. 4 - (City's Right to Revoke or Modify Approvals). In
satisfaction of Condition No. 4 of the Resolution, the Developer hereby agrees that if any of the
te=s, covenants or conditions contained herein shall fail to occur or if they are, by their te=s, to
be implemented and maintained over time, if any of such conditions fail to be so implemented
and maintained according to their te=s, the City shall have the right to revoke or modify all
approvals herein granted including issuance of building permits, deny, or further condition the
subsequent approvals that are derived from the approvals herein granted, institute and prosecute
litigation to compel their compliance with said conditions or seek damages for their violation.
4
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The Developer shall be notified 10 days in advance prior to any of the above actions being taken
by the City and shall be given the opportunity to remedy any deficiencies identified by the City.
6. Conditions No. 7 & 8 - (Street Improvements). In partial satisfaction of
Conditions No.7 & 8 of the Resolution, the Developer hereby agrees to construct all street
improvements as required by City Engineer, for each particular development phase, as may be
amended from time to time. The Developer also agrees to construct the improvements and
provide security satisfactory to the City Engineer and City Attorney. The Developer has provided
the city with improvement security from a sufficient surety, whose sufficiency has been approved
by the City Engineer and City Attorney in the sums as set forth on Exhibit "B", which security
shall guarantee the faithful performance in connection with the installation of the Improvements
as shown on Exhibit "B".
7 Condition No. 13 - (Landscape and Irrigation Plans) In satisfaction of
Condition No. 13 of the Resolution, the Developer agrees to design landscape and irrigation plans
such that street tree placement is not in conflict with the sight visibility of any traffic signage.
The Developer shall be responsible for the removal of any obstructions within the sight visibility
of said traffic signs to the satisfaction of the City Engineer (as shown on exhibit "B").
8. Condition No. 14 - (Street Improvements) In partial satisfaction of Condition
N 0.14 of the Resolution, the Developer agrees to construct the following improvements as
secured in exhibit "B":
a. Off Site Streets Southerly Access: Obtain right of way, secure and agree
to construct all streets and necessary drainage / water quality
improvements as determined by the City Engineer from the existing paved
portion of Proctor Valley Road to Project's southerly access point as
shown Qn Tentative Map 92-02, as amended, including: Proctor Valley
Road easterly from existing to Agua Vista Dr., Proctor Valley Road to
Rancho Estate Place. Rancho Estate Place, Agua Vista Dr. to westerly
Project boundary.
Northerly Access: Obtain right of way, secure and agree to construct all streets and necess~
drainage / water quality improvements as determined by the City Engineer containing the 69"
dwelling unit, from the existing portion of Proctor Valley Road to both Project access points as
shown on Tentative Map 92-02, as amended, including: Proctor Valley Road easterly from
existing to Agua Vista Dr. ,Proctor Valley Road to Ranch Lakes Way (northerly access point).
Ranch Lakes Way, Agua Vista Dr. to Westerly Project boundary. Rancho Estate Place (southerly
access point), Agua Vista Dr. to westerly project boundary.
9. Condition No. 17 - (StreetImprovements) In satisfaction of Condition No. 17 of
the Resolution, the Developer agrees to construct a temporary turnaround or street improvements,
upon the request of and as determined necessary by the City Engineer and Fire Marshal, at the
end oftemporarily stubbed streets greater than 150 ft. in length (as measured from the nearest
street centerline intersection).
5
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10. Condition No. 20 - (ADA) In satisfaction of Condition No. 20 of the Resolution,
the Developer agrees to construct sidewalks and construct pedestrian ramps on all walkways to
meet "Americans with Disabilities Act" (ADA) standards and subject to approval of the City
Engineer. In the event the Federal Gove=ent adopts ADA standards for street rights-of-way,
which are in conflict with the standards and approvals contained herein, all such approvals
conflicting with those standards shall be updated to reflect those standards. Unless otherwise
required by federal law, City ADA standards may be considered vested, as determined by Federal
regulations, only after construction has co=enced.
11. Condition No. 23 - (Street Name Signs) In satisfaction of Condition No. 23 of the
Resolution, the Developer agrees to install pe=anent street name signs, and shall install such
signs prior to the issuance of the first building permit for the applicable final map.
12. .' Condition No. 33 - (private Drainage) In satisfaction of Condition No. 33 of the
Resolution, the Developer agrees to comply with the City of San Diego's Watershed
Management Plan, as approved from time to time.
13. Condition No. 41 - (private Drainage). In satisfaction of Condition No. 41 of
the Resolution, the Developer agrees that sto= drain systems that collect water from private and
public property shall be designated private on grading and drainage and/or improvement plans to
the point of connection with a public system off site. .
14. Condition No. 52 - (BMP's). In satisfaction of Condition No. 52 of the
Resolution, the Developer agrees to construct the sto= drains and other drainage facilities to
include Best Management Practices (BMP's) to minimi7.e non-point source pollution, as shown in
the Water Quality Technical Report for Bella Lago dated 6/16/04,and revised 2/3/05, and the
Addendum to Water Quality Technical Report for Bella Lago dated 4/19/2005, satisfactory to the
City Engineer and shall seek the concurrence of the City of San Diego Water Utilities Director
for any changes thereto.
a. The Development shall comply with all applicable regulations
established by the United States Environmental Protection Agency
(USEP A), as set forth in the National Pollutant Discharge Elimination
System (NPDES), permit requirements for urban runoff and sto= water
discharge, the Clean Water Act, and any regulations adopted by the City of
Chula Vista, pursuant to the NPDES regulations or requirements. Further,
the Developer shall file a Notice of Intent with the State Water Resources
Control Board to obtain coverage under the NPDES General Permit for
Sto= Water Discharges Associated with Construction Activity and shall
implement a Sto= Water Pollution Prevention Plan (SWPPP) concurrent
with the co=encement of grading activities. The SWPPP shall include
both construction and post construction pollution prevention and pollution
control measures and shall identify funding mechanisms for post
construction control measures.
b. The developer agrees to comply with all the provisions of the NPDES
Permit during and after all phases of the development process, including,
6
2-2'4
but not limited to, mass grading, rough grading, construction of street and
landscaping improvements, and construction of dwelling units. The
Developer shall incorporate in the project design water quality and
watershed protection principal and post construction Best Management
Practices (BMP's) selected for the project, in compliance with the NPDES
Permit, to the satisfaction of the City Engineer.
c. The Developer agrees not to protest the formation of a facilities benefit
district or any other funding mechanism approved by the City to fmance
the operation, maintenance, inspection, and monitoring of NPDES
facilities. This agreement to not protest shall not be deemed a waiver of
the right to challenge the amount of any assessment, which may be
imposed due to the addition of these improvements and shall not interfere
with the right of any person to vote in a secret ballot election. The above
noted agreement shall run with the entire land contained within the
Project.
d. The Developer agrees to submit and obtain approval from the City
Engineer of a maintenance program for the proposed post-construction
BMP's. The maintenance program shall include, but not be limited to: I)
a manual describing the maintenance activities of said facilities, 2) an
estimate of the cost of such maintenance schedule and activities, and 3) a
funding mechanism for financing the maintenance program. In addition,
the Developer has entered into a Maintenance Agreement with the City to
ensure the maintenance and operation of said facilities.
e. The Developer agrees to demonstrate to the satisfaction of the City
Engineer compliance with all of the applicable provisions of the municipal
code, the City of Chula Vista Storm water Management Standards
Requirement Manual (including the Regional Water Quality Control
Board Municipal Permit 2001-01) and the City of Chula Vista Standard
Urban Storm Water Mitigation Plan (SUSMP). The Developer agrees to
incorporate into the project planning and design effective post construction
BMP's and provide all necessary studies and reports demonstrating
compliance with the applicable regulations and standards. BMP's shall be
identified and implemented that specifically prevent pollution of storm
drain systems to the Maximum Extent Practicable (MEP) from certain
project feature, land use, areas and activities.
f. The Developer agrees to incorporate in the proj ect design water quality
and watershed protection principal and all post construction Best
Management Practices (BMP's) selected for the Project, in compliance
with the NPDES Permit.
g. The Developer agrees to defend, Indemnity, and hold harmless the
City, it selected and appointed officers and employees, from and against
all fmes, costs, and expenses arising out of non-compliance with the
requirements of the NPDES regulations, in connection with the execution
of any construction and/or grading work for the Project, whether the non-
compliance results from any action by the Developer, any agent or
7
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.
employee, subcontractors, or others. The Developer's indemnification shall
include any and all costs, expenses, attorney's fees and liability incurred by
the City.
h. The Developer agrees to not protest the fo=ation of a facilities benefit
district or any other funding mechanism approved by the City to finance
the operation, maintenance, inspection, and monitoring of NPDES
facilities. This agreement to not protest shall not be deemed a waiver of
the right to challenge the amount of any assessment, which may be
imposed due to the addition of these improvements and shall not interfere
with the right of any person to vote in a secret ballot election.
.
15. Condition No. 53 - (Guardrail). In satisfaction of Condition No. 53 of the'
Resolution, the Developer agrees to construct and secure any required guardrail improvements in
conjunction with the associated grading and/or construction pe=it as dete=ined by and to the
satisfaction of the City Engineer. The guardrail shall be installed per Caltrans Traffic Manual
and Roadside Design Guide requirements to the satisfaction of the City Engineer.
16. Condition No. 66 - (FEMA). In satisfaction of Condition No. 66 of the
Resolution, the Developer agrees to obtain approval from all applicable permitting agencies,
including but not limited to Federal Emergency Management Agency (FEMA), prior to any work
within each of the agencies jurisdiction. All mitigation requirements will be the responsibility of
the Developer. The Developer further agrees to process a letter of map revision with FEMA for
any changes to the flood plain.
17. Condition No. 72 - (Sewer Facilities). In satisfaction of Condition No. 72 of
the Resolution, the Developer agrees to construct, in accordance with Section 18.16.220 of the
Municipal Code, all off-site and on-site sewer facilities shown on Drawings #'s 04100-01 thru
04100-18. Additionally, the Developer agrees to indemnify the City for any sewer spills from the
Project into the Otay Lakes Basin arising out of the design or construction of the sewer facilities.
18. Condition No. 76 - (pumped Sewer). In satisfaction of Condition No. 76 of the
Resolution, the Developer agrees to accomplish the following:
a. Provide the necessary funding, in the amount dete=ined by the City
Engineer, for updating a Pumped Sewer Development Impact Fee or any
other funding mechanism as dete=ined by the City Engineer. Said
Development Impact Fee, or funding mechanism shall be prepared, as
directed by the City Engineer, and subject to approval of Council.
b. Provide the necessary funding for implementing a sewer trunk-monitoring
program, as dete=ined by the City Engineer.
19. Condition No. 81 - (Sewer Facilities). In satisfaction of Condition No. 81 of the
Resolution, the Developer agrees to construct at its own cost and expense all off-site and on-site
sewer facilities as required by the City Engineer to serve the Project.
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20. Condition No. 84 - (Water Services) In partial satisfaction of Condition No. 84
of the Resolution, the Developer agrees to phase and install water system improvements as
required by the Otay Water District.
21. Condition No. 96 - (Indemnification) In satisfaction of Condition No. 96 of the
Resolution, the Developer agrees to defend, indemnify, protect, and hold the City harmless from
and against any and all claims, liabilities and costs, including attorney's fees, arising from
challenges to the Environmental Impact Report and subsequent environmental review for the
Proj ect and any or all entitlements and approvals issued by the City in connection with the
Project.
22. Condition No. 97 - (Agreement) In satisfaction of Condition No. 97 of the
Resolution, any and all agreements that the Developer is required to enter into hereunder shall be
in a form subject to approval of the City Attorney.
23. Condition No. 98 - (Agreement) In satisfaction of Condition No. 98 of the
Resolution, the Developer agrees to the following:
a. That the City may withhold building permits for the subject subdivision if
the regional development threshold limits set by the Chula Vista
Transportation Phasing Plan, as amended from time to time, have been
reached or in order to have the Project comply with the Growth
Management Program, as may be amended from time to time. Traffic
volumes, levels of service, public utilities and/or services either exceed the
adopted City threshold standards or fail to comply with the then effective
Growth Management Ordinance, and Growth Management Program and
any amendments thereto. Public utilities shall include, bilt not be limited
to, air quality, drainage, sewer and water.
b. To defend, indemnify and hold harmless the City and its agents, officers
and employees, from any claim, action or proceeding against the City, or
its agents, officers or employees, to attack, set aside, void or annul any
approval by the City, including approval by its Planning Commission, City
Councilor any approval by its agents, officers, or employees with regard
to this subdivision pursuant to Section 66499.37 of the State Map Act
provided the City promptly notifies the Developer of any claim, action or
proceeding and on the further condition that the City fully cooperates in
the defense. .
c. To ensure that all franchised cable television companies ("Cable
Company") are permitted equal opportunity to place conduit and provide
cable television service to each lot within the subdivision. Developer
agrees that the City of Chula Vista may grant access to cable companies
franchised by the City of Chula Vista to place conduit within the City's
easement situated within the Project. Developer shall restrict access to the
conduit to only those franchised cable television companies who are, and
remain in compliance with, all other rules, regulations, ordinances and
procedures regulating and affecting the operation of. cable television
9
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companie's as same may have been, or may from time to time be issued by
the City of Chula Vista.
d. That the City may withhold the issuance of building permits for the
Proj ect, should the Developer be determined by the City to be in breach of
any of the terms of the Tentative Map Conditions or any Supplemental
Agreement. The City shall provide the Developer of notice of such
determination and allow the Developer reasonable time to cure said
breach.
a. Defend, indemnify, and hold the City and its agent and employees
harmless from any liability for erosion, siltation or increaseflow of
drainage resulting from this Project.
24. Condition No. 99 - (Agreement) In satisfaction of Condition No. 99 of the
Resolution, the Developer agrees to the following:
b. To participate, on a fair share basis, in any deficiency plan or financial
program adopted by San Diego Association of Governments
(SANDAG) to comply with the Congestion Management Program
(CMP).
c. To not protest the formation of any future regional impact fee program
or facilities benefit district to finance the construction of regional
facilities.
25. Condition No. 100 - (Street Sweeping) In satisfaction of Condition No. 100 of
the Resolution, the Developer agrees to contract with the City's current street sweeping
franchisee, or other server approved by the City Engineer to provide public street sweeping, if
any, for each phase of development on a frequency and level of service comparable to that
provided for similar areas of the City. The Developer agrees to cause street sweeping to
commence immediately after the final residence, in each phase, is occupied and shall continue
sweeping until such time that the City has accepted the street or 60 days after the completion of
all punch list items, whichever is shorter. The Developer further agrees to provide the City
Special Operations Manager with a copy of the memo requesting street sweeping service, which
memo shall include a map of areas to be swept and the date the sweeping will begin.
26. Condition No. 101 - (Regional Impact) In partial satisfaction of Condition No.
101 of the Resolution, the Developer agrees to equitably participate in any future regional impact
fee program for regional facilities should the region enact such a fee program to assist in the
construction of such facilities. The Developer also agrees not to protest the formation of any
potential future regional benefit assessment district formed to finance regional facilities.
27. Condition No. 102 - (Interim Facilities) In satisfaction of Condition No. 102 of
the Resolution, the Developer understands and agrees that the maintenance and demolition of all
interim facilities (public facilities, utilities and improvements) is the Developer's responsibility,
and that construction and demolition bonds will be required to the satisfaction of the City
Engineer.
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28. Conditions No.7, 103 & 121 - (Open Landscape Improvements). In
satisfaction of Conditions No.7, 103 & 121 of the Resolution, the Developer agrees to install all
improvements in accordance with approved plans to the satisfaction of the Director of General
Services and the City Engineer. The Developer also agrees to construct and secure open space
landscape improvements within the map area. All landscape improvements shall be secured in
amounts as determined by the Director of General Services and approved in form by the City
Attorney. The Developer also agrees to install landscape and irrigation slope erosion control in
accordance with approved plans no later than six months from the date of issuance of the grading
permit. If the work cannot be completed within the specified time, the Developer may request an
extension, which may be granted at the discretion of the Director of Planning & Building. Such a
request shall be submitted for approval in writing to the Planning & Building Department
sufficiently in advance of the end of the six-month timeframe to allow processing of the
extension. Notwithstanding the time of installation of landscape and irrigation slope erosion
control, Applicant agrees to remain in compliance with NPDES.
29. Condition No. 105 - (Streets Maintenance) - In satisfaction of Condition No.
105 of the Resolution, the Developer agrees that all drainage facilities within Public and Private
streets are privately maintained per the Bella Lago Basin Maintenance, Grading Mitigation, and
Erosion, Sedimentation and NPDES Compliance Agreement. The Developer further agrees that
all landscaped areas within the tentative map boundaries shall be privately maintained in a
manner acceptable to the Director of General Services. The Developer further agrees that all
Private streets North of Via Ponte Tresa shall be privately maintained in a manner acceptable to
the City Engineer.
30. Condition No. 106 - (CC&R's). In satisfaction of Condition No. 106 of the
Resolution, the Developer agrees to the following within 60 Days of approval of the Final Map:
a. Submit evidence, acceptable to the City Engineer and the Director of
Planning and Building of the formation of a Homeowner's Association
(HOA), The HOA shall be responsible for the maintenance of all
landscaping improvements. The HOA shall be structured to allow
annexation of future tentative map areas in the event the City Engineer and
Director of Planning and Building require such annexation of future
tentative map areas. The HOA formation documents shall be subject to
the approval of the City Attorney; and
b. The Developer agrees to submit for City's approval the CC&R's, grant of
easements and maintenance standards and responsibility of the HOA's for
the Open Space Areas within the Project area. Developer agrees to
acknowledge that the HOA's maintenance of public open space, trails, etc.
may expose the City to liability. Developer agrees to establish an HOA
that will defend, indemnify, and hold the City and it employees and agents
harmless from any actions of the HOA in the maintenance of such areas;
and
c. Submit and obtain approval of the City Engineer and the Director of
Planning and Building of a list of all HOA facilities and other items to be
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maintained by the proposed district. Separate lists shall be submitted for
the improvements and facilities to be maintained by the Open Space
District and those to be maintained by a Homeowner's Association.
Include a description, quantity and cost per year for the perpetual
maintenance of said improvements. These lists shall include but are not
limited to all facilities located on open space lots to include but not be
limited to: waIls, fences, water fountains, lighting structures, paths, trails,
access roads, drainage structures and landscaping. Each open space lot
shall also be broken down by the number of acres of: 1) turf, 2) irrigated,
and 3) non-irrigated open space to aid in the estimation of a maintenance
budget thereof.
31. Conditions No. 21, 107 & 110 -(CC&R's). In satisfaction of Conditions No. 21,
107 & 11 0 of the Resolution, the Developer agrees that an HOA shall be responsible for and
include withiri the Proj ect' s CC&R's maintenance and monitoring of all elements of the Project's
Fuel Modification Zone Plan (FMZP) installed pursuant to the Project's FMZP. The Developer
also agrees that the CC&R's shall include the following obligations of the Homeowners
Association:
a. A requirement that the HOA shall maintain comprehensive general
liability insurance against liability incident to ownership or use of the
following areas:
i. All open space lots that shall remain private,
ii. Other Association maintained property.
b. Before any revisions to provisions of the CC&R's that may particularly
affect the City can become effective, said revisions shall be subject to
approval of the City. The HOA shall not seek approval from the City of
said revisions without the prior consent of 100 percent of the holders of
first mortgages or property owners within the HOA.
c. The HOA shall indemnify and hold the City harmless from any claims,
demands, causes of action liability or loss related to or arlsing from the
maintenance activities of the HOA.
d. The HOA shall not seek to be released by the City from the maintenance
obligations described herein without the prior consent of the City and 100
percent of the holders of first mortgages or property owners within the
HOA.
e. The HOA is required to procure and maintain a policy of comprehensive
general liability insurance written on a per occurrence basis in an amount
not less than one million dollars combined single limit. The policy shall
be acceptable to the City, name the City as additionally insured to the
satisfaction of the City Attorney, and shall not contain a cross party
exclusion clause.
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f. The CC&R's shall incorporate restrictions for each lot'adjoining open
space lots containing walls maintained by the open space district to ensure
that the property owners know that the walls may not be modified or
supplemented nor may they encroach on City property.
g. The CC&R's shall include provisions assuring maintenance of all streets,
driveways, drainage and sewage systems which are private.
h. The CC&R's shall include provisions assuring HOA membership in an
advance notice such as the USA Dig Alert Service in perpetuity.
L The CC&R's shall include provisions that provide the City has the right
but not the obligation to enforce the CC&R provisions the same as any
owner in the Proj ect.
J. The CC&R provisions setting forth restrictions in these Tentative map
conditions may not be revised at any time without prior written permission
of the City.
k. The HOA shall not seek to dedicate or convey for public streets, land used
for private streets without approval of 100% of all the HOA members or
holder offrrst mortgages within the HOA.
1. The CC&R's shall prohibit "speed bumps" on private streets. The
CC&R's shall also include language which states that any proposal by the
HOA to allow "speed bumps" in the future shall require prior written
approval of 100% of all the Homeowners Association members.
m. The CC&R's shall contain provisions assuring the implementation of post
construction BMP' s.
n. The CC&R's shall improve provision that prohibits the use of
on untreated (EMP's) slopes that flow into the Otay Lakes
fertilizer
Basin.
o. The Developer agrees not to install privately owned water, or other
utilities crossing any public street. The installation of sleeves for future
construction of privately owned facilities may be allowed subj ect to the
review and approval of the City Engineer if the following is
accomplished:
a. The Developer agrees to:
i. Apply for an encroachment permit for installation of the
private facilities within the public right-of-way; and
ii. Maintain membership in an advance notice such as the USA
Dig Alert Service; and
iii. Mark out any private facilities owned by the Developer
whenever work is performed in the area; and
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iv. The terms of this agreement shall be binding upon the
successors and assigns of the Developer.
b. The Developer agrees to:
i. Shutoff devices as determined by the City Engineer are
provided at those locations where private facilities traverse
public streets
32. Condition No. 108 - (BOA) In satisfaction of Condition No. 108 of the
Resolution, the Developer agrees that future property owners shall be notified during escrow, by
a document to be initialed by the owners, of the maintenance responsibilities of the HOA and
their estimated annual cost. The Developer also agrees that future property owners shall be
notified during escrow, by a document to be initialed by the owners, of the home owner manual
which outlines development parameters and design criteria for structures and landscaping
encroaching into the 50' Perimeter Fuel Modification Zone. The homeowners manual shall also
address landscaping and maintenance. The homeowners manual shall address all items found in
the Project's Fuel Modification Zone Plan including but not limited to: I) Allowable uses within
the 50' Perimeter Fuel Modification Zone, Fire wise landscaping design, Fire wise construction,
fencing, permitted accessory structures, including decks, retaining walls, and any other
development standards. Developer agrees to submit the document and obtain the approval of the
City Engineer and Director of Planning and Building prior to distribution through escrow.
33. Condition No. 112 - (Street Trees) In satisfaction of Condition No. 112 of the
Resolution, the Developer agrees to install all street trees in accordance with Section 18.28.10 of
the Chula Vista Municipal Code. All street trees shall be planted in parkways, or as otherwise
approved by the Director of General Services. The Developer will maintain street tree
identification stakes in location as shown on approved preliminary plans until all dry utilities are
in place. The Developer agrees to provide root control methods per the requirements of the
Director of General Services, and provide a deep watering irrigation system for the trees.
a. Complete preliminary street improvement plans that show the location of
all future street trees, which will be subject to the review and approval of
the Director of General Services and the Director of Planning & Building.
b. Place wood stakes on site prior to utility installation according to approved
preliminary street tree plans and shall be painted a bright color and labeled
as future street tree location.
c. Provide the City documentation, acceptable by the Director of General
Services and the Director of Planning and Building, that all utility
companies have been given notice that no dry utility line shall be located
within five feet of the wood stake in any direction.
d. Maintain street tree identification stakes in location as shown on approved
preliminary plans until all dry utilities are in place.
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Submit final street tree improvement plans, including mailbox locations, for review and subject
to the approval of the Director of Planning and Building and the City Engineer prior to or
concurrent with the second submittal of street improvement plans within the subdivision.
Approval of the street tree improvement plans shall constitUte final approval of the selection of
street trees for the street parkways.
34. Condition No. lIS - (perimeter Walls) - In satisfaction of Condition No. 115 of
the Resolution, the Developer hereby acknowledges and agrees to have future property owners of
lots adj acent to open space lots sign a statement at the time of property purchase, indicating that
they are aware and acknowledge that the perimeter walls within open space lots are the property
. of the HOA, and that they may not modify or supplement the wall, or encroach onto Open Space
property. These restrictions shall also be reflected in the CC&R's that are recorded against each
property.
35. Condition No. 119 - (Master Landscape Plans) - In satisfaction of Condition
No. 119 of the Resolution, the Developer hereby agrees and acknowledges that upon request of
the Director of General Services, the Developer agrees to update the Project's Landscape Master
Plan to conform to any substantial changes made subsequent to the initial approval of the Plan.
36. Condition No. 123 - (Take Permit) - In satisfaction of Condition No. 123 of the
Resolution, the developer agrees comply with the take permit/authorization from the U.S. Fish
and Wildlife Service and Califomia Department of Fish and Game, or comply with the approved
City of Chula Vista MSCP Sub-area Plan whichever is applicable to the Project.
37. Condition No. 124 - (MSCP) - In partial satisfaction of Condition No. 124 of the
Resolution, Developer has irrevocably offered the MSCP Preserve lots D, E, F, and G (Lot D,
and E formerly lot 141, lot F formerly lot 143, and lot G formerly lot 144) of the Final Map
("Preserve Lots"), to the City. Developer further agrees to designate a preserve manager
acceptable to the Director of Planning and Building for the perpetual maintenance in compliance
with the Area-Specific Management Directives Dated 2/2003 (ASMDs) for the Preserve Lots
within one year of this Agreement. Developer further agrees to provide clear title for any
preserve lot prior to the acceptance of the lot by a preserve manager and to fund the perpetual
maintenance of the Preserve Lots. A conservation easement or other similar restriction,
acceptable to the Director of Planning and Building, shall be provided that precludes the use of
lots D, E, and F (formerly lots 141, and 143), and for any use other than preserve, as set forth in
the MSCP Sub area Plan, unless agreed to by the City and the Wildlife Agencies. The Developer
further agrees to convey Open Space lot G (formerly lot 144) to the San Diego National Wild
Life Refuge within 4 months of the effective date of this agreement. The Developer agrees to
maintain the biological values of the open space mitigation lands including lots D, E, F and G
(formerly lots 141, 143, and 144) in accordance with the City's MSCP Sub area Plan and the
Project's ASMDs until such time as a management entity has assumed management obligations
as approved in writing by the City's Director of Planning and Building. Until such time as the
City's Director of Planning and Building has approved in writing the assumption of maintenance
obligations by a management entity for lots D, E, F, and G. Developer's obligation to maintain
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the biological values of these open space mitigation lands shall continue to be binding,
notwithstanding any releases that may be granted by the City pursuant to section I of this
Agreement.
38. Condition No. 125 - (Offsite Mitigation). In satisfaction of Condition No. 125 of
the Resolution, the Developer acknowledges and agrees to provide off site mitigation to include
preservation of 2.5 acres, which brings the total conservation for the Project to 89 acres (on-site
and off- site). The off-site 2.5 acres shall contain a minimum of 210 Otay tarplants. Off-site
conservation shall be in a location within the MSCP Subregional Preserve subject to the approval
of the Director of Planning & Building. A conservation easement or other appropriate
mechanisms, as approved by the City Attorney, shall be placed on the 2.5 acres to ensure
preservation in perpetuity. Prior to the issuance of the first grading permit for the Project, the
Developer agrees to provide funding for long-term management, in an amount and form
acceptable to the City. The Developer agrees to maintain the biological values of the open space
mitigation lands including the off-site 2.5 acres parcel in accordance with the city's MSCP
Subarea Plan and the Project's ASMD's until such time as a management entity has assumed
management obligations as approved by the city.
39. Condition No. 126- (Law Violations) In satisfaction of Condition No. 126, the
Developer agrees that the approval of this map by the City of Chula Vista does not authorize the
applicant to violate any Federal, State or City laws, ordinances, regulations or policies, including
but not limited to the Federal Endangered Species Act of 1973 and any amendments thereto (16
U.S.C. Section 1531 et seq.).
40. Condition No. 127 - (MSCP). In satisfaction of Condition No. 127 of the
Resolution, the Developer agrees that in accordance with authorization granted to the City of
Chula Vista from the U.S. Fish & Wildlife Service (USFWS) pursuant to Section 10(a) of the
ESA and by the California Department of Fish & Game (CDFG) pursuant to Fish & Game Code
Section 2835 as part of the Multiple Species Conservation Program (MSCP), the City of Chula
Vista through the approval/issuance of this map/permit hereby confers upon permittee the status
of Third Party Beneficiary as provided for in Section 17 of the City of Chula Vista Implementing
Agreement (IA) to be approved by the City Council on May 13th, 2003. Third Party Beneficiary
status is conferred upon permittee by the City: (I) to grant permittee the legal standing and legal
right to utilize the authorization granted to the City of Chula Vista pursuant to the MSCP in
accordance with those limitations imposed under this permit and the IA, and (2) to assure
permittee that no existing mitigation obligation imposed by the City of Chula Vista pursuant to
this permit shall be altered in the future by the City of Chula Vista, USFWS, or CDFG, except in
the circumstances described in the IA. If mitigation lands are identified but not yet accepted by
the City or other designated management entity or preserved in perpetuity, maintenance and
continued recognition of Third Party Beneficiary status by the City is contingent upon permittee
maintaining the biological values of any and all lands committed for mitigation pursuant to this
permit and of full satisfaction by permittee of mitigation obligations required by this permit, as
described in accordance with the IA.
41. Condition No. 128 - (ASMD's). In satisfaction of Condition No. 128 of the
Resolution, the Developer agrees that Area Specific Management Directives (ASMD's) for the
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MSCP Preserve lots D, E, F, and G (formerly lots 141, 143 and 144) shall be approved by the
Director of Planning and Building. Prior to the issuance of the fIrst grading permit for the
Project, the Developer agrees to provide funding, in an amount and form approved by the
Director of Planning and Building, for implementation of the ASMD's.
42. Condition No. 129 - (Fencing Plan). In satisfaction of Condition No. 129 of the
Resolution, the Developer agrees to prepare a fencing plan and obtain the. approval of the
Director of Planning and Building, the Director of General Services, and the City Engineer. The
fencing plan shall include, as the City determines necessary, interim and permanent fencing
pursuant to the Project's Precise Plan Figure 5-3, Fence and Wall Plan. In addition, the
Developer agrees to the following:
a. Prior to the co=encement of initial grading adjacent to the MSCP
preserve Lots F and G (formerly lots 143, and 144), install interim fencing
adjacent to Lots F and G and shall be maintained by the Developer in its
original condition at all times;
b. Install permanent fencing concurrent with the initial rough grading of the
Project. Fencing shall be installed adjacent to the MSCP Preserve Lots F
and G to control access into the MSCP Preserve to the satisfaction of the
Director of Planning and Building. An alternative to permanent fencing
would be the planting of native barrier plants subject to the approval of the
Director of Planning and Building at hislher sole discretion;
c. Concurrent with the initial rough grading of the Project, install a six-foot
solid block masonry wall at the rear of Lots I and 2, and Lots 9 and 10
(see Precise Plan, Figure 5-3; Fence and Wall Plan) for the protection of
populations of Otay tarplant. The block wall shall not be located closer
than twenty-fIve feet from the nearest Otay tarplant and no developed area
shall be closer than twenty-five feet from the nearest Otay tarplant; and
d. Indicate on all affected grading plans that all fencing and/or walls shall be
constructed entirely within the HOA-maintained open space lots
irrevocably offered to the City of Chula Vista. Perpetual maintenance of
the fence and/or walls shall be provided by the HOA.
43. Condition No. 130 - (Fire Department's Codes). In satisfaction of Condition
No. 130 of the Resolution, the Developer agrees to comply with the Fire Department's codes and
policies for Fire Prevention, as may be amended from time to time. Prior to the issuance of any
building permit(s) for the Project, the Developer agrees to provide the following items prior to
delivery of combustible materials on any construction site on the Project:
a. Water supply consisting of fIre hydrants as approved and indicated by the
Fire Department during plan check to the satisfaction of the Fire
Department. Any temporary water supply source is subject to prior
approval by the Fire Marshal.
b. Emergency vehicle access consisting of a minimum first layer of hard
asphalt surface or concrete surface, with a minimum standard width of 20
feet or acceptable alternative subject to approval of the Fire Marshall and
in compliance with Chula Vista Fire Department's Policy 2916.00 and the
California Fire Code (200Ied).
c. Street signs installed to the satisfaction of the Department of Public
Works. Temporary street signs shall be subject to the approval of the
Department of Public Works and Fire Department. Locations and
identification of temporary street signs shall be subject to review and
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approval by the Department of Public Works and Fire Depilrtment.
44. Condition No. 131 - (Fire Marshal's approval). In satisfaction of Condition
No. 131 of the Resolution, the Developer agrees to obtain the approval of the City's Fire Marshal
for the timing of construction of all internal streets in the Project.
45. Condition No. 133 - (Fuel Modification Zone Plan). In satisfaction of
Condition No. 133 of the Resolution, the Developer agrees to comply with the Project's Fuel
Modification Zone Plan dated December 20, 2002 and as may be amended from time to time.
46. Condition No. 134 - (Private Streets Entrance). In partial satisfaction of
Condition No. 134 of the Resolution, the Developer agrees to construct or provide to the
specifications or satisfaction of the City Engineer the following features to all areas bound by
private streets with controlled access devices, such as gates:
a. Gates located to provide sufficient room to queue up without
interrupting traffic.
b. Turnarounds at the gates.
c. Delineation of border between public streets and private streets by
enhanced pavement. No enhanced pavement shall be located within the
public right-of -way.
d. Emergency vehicle access.
e. Omnicom, rlid.-tn_Fnt~T Sy.t?m, or other access devices required by
the City Fire Marshal and Police Department.
The Developer further agrees and acknowledges that any proposed entry
monumentation and signage, should be included in the wall and fencing plans for the project",
the Developer further agrees to obtain building permits to construct the entry gates in conjunction
with the construction of the project's co=on area walls and fencing.
47. . Condition No. 136 - (Compliance). In satisfaction of Condition No. 136 of the
Resolution, the Developer agrees to comply with all applicable sections of the Chula Vista
Municipal Code. Preparation of the Final Map for the Project and all plans shall be in accordance
with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision
Ordinance and Subdivision Manual. Underground all utilities within the subdivision in
accordance with Municipal Code requirements.
48. Condition No. 138 - (Approval of Landscaping Plans for Lot M-B). In
satisfaction of Condition No. 138 of the Resolution, the Developer agrees to comply with all
relevant Federal, State, and Local regulations, including the Clean Water Act. The Developer
agrees to be responsible for providing all required testing and documentation to demonstrate said
compliance as required by the City Engineer.
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49. Condition No. 139 (Special Tax and Assessments). In satisfaction of Condition
No. 139 of the Resolution, Developer agrees to ensure that prospective purchasers sign a "Notice
of Special Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 regarding
proj ected taxes and assessments.
50. Condition No. 140 (Council Policy Compliance). In satisfaction of Condition
No. 140 of the Resolution, the Developer agrees to comply with Council Policy No. 522-02
regarding maintenance of natural channels within open spaces, if any.
51. Condition No. 141 (Good Faith Effort Coordination). In satisfaction of
Condition No. 141 of the Resolution, the Developer agrees to make a good-faith effort to
coordinate development and implementation of the Bella Lago project. with all other
developers/applicants including, but not limited to the Rolling Hills Ranch Sub area ill
development including phasing, grading, infrastructure, improvements, and dedications of right-
of-way.
52. Condition No. 148 (AQIP). In satisfaction of Condition No. 148 of the
Resolution, the Developer agrees to comply with all provisions of the Project's Air Quality
Improvement Plan (AQIP). The Developer hereby agrees to implement all. AQlP measures as
approved by the City Council, and to comply and remain in compliance with the AQIP.
53. Condition No. 149 (AQIP) In satisfaction of Condition No. 149 of the
Resolution, the Developer acknowledges and agrees that the City Council may from time to time
modify air quality improvement and energy conservation measures related to new development
as various technologies and/or programs change or become available. The Developer agrees to
be required to modify the Air Quality Improvement Plan (AQIP) to incorporate those new
measures, which are in effect at the time, prior to or concurrent with each Final Map approval
within the Project. The new measures shall apply, as applicable, to development within all future
Final Map areas, but shall not be retroactive to those areas, which received Final Map approval
prior to effect of the subject new measures.
54. Condition No. 150 (WCP). In satisfaction of Condition No. 150 of the
Resolution, the Developer agrees to comply with all provisions of the Project's Water
Conservation Plan (WCP). The Developer hereby agrees to implement all. WCP measures as
approved by the City Council, and to comply and remain in compliance with the WCP.
55. Condition No. 151 (WCP). In satisfaction of Condition No. 151 of the
Resolution, the Developer acknowledges and agrees that the City Council may from time to time
modify water conservation measures related to new development as various technologies and/or
programs change or become available. The Developer agrees to be required to modify the Water
Conservation Plan (WCP) to incorporate those new measures, which are in effect at the time,
prior to or concurrent with each Final Map approval within the Project. The new measures shall
apply to development within all future Final Map areas, but shall not be retroactive to those
areas, which received Final Map approval prior to effect of the subject new measures.
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56. Satisfaction of Conditions. City agrees that the execution of this Agreement
constitutes satisfaction or partial satisfaction of Developer's obligation of Conditions 1,2,3,4,7,
8,13,14,17,20,21,23,33,41,52,53,66,72,76,81,84,96, 97, 98, 99,100,101,102,103,
105,106,107,108,110,112,115,119,121,123,124,125,126, 127, 128, 129, 130, 131, 133,
134, 136, 138, 139, 140, 141, 148, 149, 150, and 151 of the Resolution. Developer further
understands and agrees that some of the provisions herein may be required to be performed or
accomplished prior to the approval of other final maps for the Project, as may be appropriate.
57. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned,
that Developer agrees to comply with all unfulfilled conditions of approval of the Tentative Map,
established by Resolution No. 2000-068 and agrees to remain in compliance with and implement
the terms, conditions and provisions therein.
58. :Previous Agreements. The Developer acknowledges that nothing in this
Agreement shall supersede, nullify or otherwise negatively impact the terms of the Agreement for
Monitoring Building Permits approved by Council Resolution 2003-166, and the Bella Lago
Basin Maintenance, Grading Mitigation, and Erosion, Sedimentation and NPDES Compliance
Agreement. The Developer agrees to comply with all previous agreements with the City
affecting the Property including the "Bella Lago Basin Maintenance, Grading Mitigation, and
Erosion, Sedimentation and NPDES Compliance Agreement", of the Tentative Map 03-03
conditions applicable specifically to the Final Map for the Property, and the Agreement for
Monitoring Building Permits
59. Recording. This Agreement, or an abstract hereof shall be recorded
simultaneously with the recordation of the Final Map.
60. Building Permits. Developer and Guest Builders acknowledge and agree that the
City may withhold the issuance of building permits for the Project, should the Developer be
determined by the City to be in breach of any of the terms of this Agreement. The City shall
provide the Developer of notice of such determination and allow the Developer with reasonable
time to cute said breach.
60. Assignablity. Upon request of the developer, any or all on-site duties and
obligations set forth herein may be assigned to developer's successor in interest if the City
manager in hislher sole discretion determines that such an assignment will not adversely affect
the City's interest. The City Manager in hislher sole discretion may, if such assignment is
requested, permit a substitution of securities by the successor in interest in place and stead of the
original securities described herein so long as such substituted securities meet the criteria for
security as set forth elsewhere in this agreement. Such assignment will be in a form approved by
the City Attorney.
61. Delay in Performance. City agrees that should Developer be delayed in
performing any obligations under this Agreement primarily as a result of a "Permitted Excuse"
(as hereunder defined). Developer shall be allowed a reasonable extension of time to perform
said obligation, and such reasonable time shall be determined by the City, but in no
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circumstances shall be less than: the length of the delay resulting from the Permitted Excuse. As
used herein, the term "Permitted Excuse" shall mean any of the following: (i) the City's actions,
omissions or inaction which result in a delay of performance by Developer or (ii) labor disputes,
acts of God, war, riots, insurrections, civil co=otions, moratorium (other that those imposed by
the City pursuant to Growth Management Ordinance, as may be amended from time to time)
litigation (other than any litigation brought by or on behalf of Developer or Developer's
successors-in-interests, assignees or agents against the City) inability to obtain labor or materials
or reasonable substitutes for either, fire, unusual delay in transportation, adverse weather,
conditions not normally anticipated in a project of this type or casualties beyond the reasonable
control of Developer, Permitted Excuse shall not include delays due to a party's own negligence
or fmandal inability to perform.
62. Miscellaneous.
,a. Notices. Unless otherwise provided in this Agreement or by law, any and all
notices required or permitted by this Agreement or by law to be served on or delivered to either
party shall be in writing and shall be deemed duly served, delivered, and received when
personally delivered to the party to whom it is directed, or in lieu thereof, when three (3) business
days have elapsed following deposit in the U.S. mail, certified or registered mail, return receipt
requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A
party may change such address for the purpose of this paragraph by giving written notice of such
change to the other party.
CITY OF CHULA VISTA
Department of Public Works/Engineering Division
276 Fourth Avenue
Chula Vista, CA 91910
Attn.: City Engineer
K. Hovnanian at Bella Lago, LLC
380 Stevens Avenue, Suite 211
Solana Beach, CA 92075
Attn.: Steve Codraro, Co=unity Manager
Bella Lago, LLC
5566 Valerio Trail
San Diego, CA 92130
Attn.: Timothy Wilson, President
A party may change such address for the purpose of this paragraph by giving written notice of
such change to the other party in the manner provided in this paragraph.
b. Captions. Captions in this Agreement are inserted for convenience of
reference and do not defme, describe or limit the scope or intent of this Agreement or any of its
terms.
c. Entire Agreement. This Agreement contains the entire agreement between
21
2-39
the parties regarding the subJect matter hereof. Any prior oral or written. representations,
agreements, understandings, and/or statements shall be of no force and effect. This Agreement is
not intended to supersede or amend any other agreement between the parties unless expressly
noted.
d. Preparation of Agreement. No inference, assumption or presumption shall
be drawn from the fact that a party or his attomey prepared and/or drafted this Agreement. It
shall be conclusively presumed that both parties participated equally in the preparation and/or
drafting this Agreement.
e. Recitals; Attachments. Any recitals set forth above and exhibits attached
hereto are incorporated by reference into this Agreement.
f. Attorneys' Fees. If either party commences litigation for the judicial
interpretation; refo=ation, enforcement or rescission hereof, the prevailing party will be entitled
to a judgment against the other for an amount equal to reasonable attorney's fees and court costs
incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the
relief sought.
[NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES]
22
2-40
[pAGE ONE OF TWO SIGNATURE PAGES TO
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR
BELLA LAGO FINAL MAP]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year frrst hereinabove set forth.
CITY OF CHULA VISTA
Stephen C. Padilla
Mayor of the City of Chula Vista
Attest:
Susan Bigelow
City Clerk
Ann Moore
City Attorney
[NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES]
23
2-41
[pAGE TWO OF TWO SIGNATURE PAGES TO
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR
BELLA LAGO FINAL MAP]
K. Hovnanian at Bella Lago, LLC
BY
1?c--~
-,
NAME: 15 # t1 G.,vv.-,--' c.. (
TITLE ~~ ~~~~~7
BY
NAME:
TITLE
Applicant: Bella Lago, LLC
BY: BELLAGIO CAPITAL, INC.
Its: ~ing Member
BY l~~
NAME: 7/ /I1I/l-1"'I #/ L5cJ/Ij
TITLE fJrZU dutI
24
2-42
CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of ~t.!-N' YJ/~40
( I
On :> - 7;., - 00
at.
personally appeared 1)., A
before ill e, tI r:: 11.4 0 ;Ii" Rr/
r, 'MM'.J (_<; Nam"!,'"-;;~:;,;~ NotJ,':~':~
Nam.(s) oyo,gn.rs(s) J
o Personally known to me
OR
f9 Proved to me on the basis of
t!r({'7itJ'09 / ?o10(j<(oo
Typeand#oflD' I Ut.-I~ILN('" y. f...,
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me
that ~they executed the same in .b.i~!Reritheir authorized capacity(ies), and that by...hi5fllef/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
1" ~ ~ - r
;..@<......,.NEHADHINDI..,
,\. ....j COMM. #1451299
B "'~.' . NOTARY PUBLIC. CALIFORNIA 00
I- dt.-. RIVERSIDE COUNTY
j . MY COMM. EXPIRES NOV. 16, 2007[
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~~/
. Signature of Notary
J!'~'"i./-A-t-. 1.1,'.1".. Q\VPILSrC,> A!o'( 110 ~o7-
Print Notary's Name, Coun!t in which Cnmmis$ioned, and Commission Expiration Dat(,'
.7
OPTIONAL
The data belpw is not required by law, however it may prove valuable to persons
relying on the document and could prevent fraudulent reattachment of this form.
SIGNATURE AUTHORITY OF SIGNER:
o INDIVIDUAL
o CORPORATE OFFICER(S)
DESCRIPTION OF ATTACHED DOCUMENT
Titlc(s)
o PARTNER
o LIMITED
o GENERAL
o ATTORNEY-IN-FACT
, 0 TRUSTEE( s)
o GUARDIAN/CONSERVATOR
o OTHER:
TITLE OR TYPE OF DOCUMENT
N UMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE:
NAME(S) OF PERSON(S) OR ENTITY(IES) SIGNER IS REPRESENTING:
to 2()02 Reproduction prohibited. Reoruer from American~)\:ieIY of Notaries. XSO-h71-51h4 or www.no!arit.:>..(!rg..
11):112
List of Exhibits
Exhibit "A"
Legal Description of Property
Performance Bonds
Exhibit "B"
2-44
Exhibit "A"
LEGAL DESCRIPTION OF PROPERTY
BEING A SUBDNISION OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER, THE WEST HALF OF THE SOUTHEAST QUARTER AND THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, ALL IN
SECTION 24, IN THE CITY OF CHULA VISTA AND THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 25, AND THE
NORTH THREE AND ONE-HALF ACRES OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 25, AND THE
NORTH THREE QUARTERS OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 25, ALL IN TOWNSHIP 17
SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA.
2-45
EXIDBIT "B"
PERFORMANCE BONDS
CHULA VISTA TRACT NO. 03-03
Bella Lago
CVWONo Description Bond Amount Bonding Company Name Bond number
ffirawin" #)
1 0504 Landscpe $7,346,691.00 Arch Insurance Company SU-5015519
Improvement Bonds
2 0504 Landscpe $3,785,258.00 Arch Insurance Company SU-5015518
Improvement Bonds
, 0504 Grading Bonds $3,504,023.00 Fidelity and Deposit Co. 8734471
~ of Maryland
4 04100 Faithful Performance $4,074,607.00 Safeco Insurance 6300180
Bond Company of America
5 04100 Material and Labor $4,074,607.00 Safeco Insurance 6300180
Bond Company of America
6 Work Order # Monumentation Bond $48,000.00 Safeco Insurance 6300181
BEOO2F Company of America
C:\Docurnents and Settings\rirnatIMy Docurnents\projects related\Bella Lago\SSIA for Bella Lago B Map.doc
2-46
RESOLUTION NO.2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE GRANT OF EASEMENTS
AND MAINTENANCE AGREEMENT FOR CHULA VISTA
TRACT NO. 00-03, BELLA LAGO, BETWEEN K. HOVNANIAN
AT BELLA LAGO, LLC, AND BELLA LAGO, LLC, AND THE
CITY REGARDING MAINTENANCE OF PRIVATE FACILITIES
WITHIN THE PUBLIC RIGHT OF WAY.
WHEREAS, the Grant of Easements and Maintenance Agreement ("Agreement") for
Bella Lago, sets forth the developer's obligation to maintain landscaping in the public right-of-way;
and
WHEREAS, pursuant to the terms of the Agreement, the maintenance obligations
may be assigned to the homeowner's association (HOA) after the landscaping has been established
and turned over to the HOA to maintain; and
NOW, THEREFORE, BE IT RESOLVED the City Council of the CityofChula Vista
does hereby approve the Grant of Easements and Maintenance Agreement for the grant of easements
and maintenance for Chula Vista Tract No. 00-03, Bella Lago, a copy of which shall be kept on file
in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized to execute said Agreement on behalf of the City of Chula Vista.
Presented by
Approved as to form by
Leah Browder
Acting Director of Engineering
H:\ENGTNEER\RESOS\Resos2006\04-11-Q6\reso for Grants of Easements for Bella Lago.doc)
2-47
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
4-t/0jo6
Grant of Easements and Maintenance Agreement between the City ofChula
Vista and K. Hovnanian at Bella Lago, LLC for Chula Vista Tract No. 03-03
Dated:
2-48
EXHIBIT _~
GRANT OF EASEMENTS, LICENSE AND MAINTENANCE
AGREEMENT
CHULA VISTA TRACT NO. 03-03
BELLA LAGO
(DEDICATED EASEMENTS)
This GRANT OF EASEMENTS, UCENSE AND MAINTENANCE AGREEMENT ("Agreement") is made
as of this _ day of . 200-, by and between the CITY OF CHULA VISTA, a municipal corporation
("City"), and K. HOVNANIAN AT BELLA LAGO, LLC, a California limited liability company ("KHBL").
RECITALS
A. This Agreement concerns and affects certain improvements with portions of the real property
located in Chula Vista, California, more particularly described in Exhibit "A" attached hereto and
incorporated herein ("Property"). The Property is part of a planned residential development project
commonly known as "Bella Lago", Chula Vista Tract No. 03-03, being the subject of the City Council
Resolution No. (the "City Resolution"). For purposes of this Agreement, the term "Project"
shall refer to the overall Bella Lago project, including, but not limited to the "Property."
B. KHBL is the owner of the Property and the Declarant under that certain Declaration of
Conditions, Covenants, Restrictions and Easements of Bella Lago filed for record in the Official Records of
San Diego County, California (the "CC&Rs"). The CC&Rs provides for BELLA LAGO COMMUNITY
ASSOCIATION, INC., a California Nonprofit Mutual Benefit Corporation ("HOA") to maintain certain areas
in the Project.
C. The Property is or will become covered by that the certain final map(s) (the "Final Maps")
described on Exhibit "A" attached hereto and referenced in the title to this Agreement.
D. In order for KHBL to obtain the Final Maps and for the City to have assurance that the
maintenance of certain areas within the Project would be provided for, the City and KHBL entered into a
Supplemental Subdivision Improvement Agreement pursuant to the City Resolution, in which KHBL
agreed that maintenance of such areas shall be accomplished by the creation of a homeowners
association. The Parcels shown on Exhibit "B" attached hereto describe those particular areas which
were dedicated to the public on one or more of the Final Maps but which include landscaping
improvements to be maintained by the HOA. The public areas to be maintained by the HOA are
collectively referred to as the "HOA Maintained Public Areas."
E. The City desires to grant to KHBL easements for landscape maintenance purposes upon, over
and across the HOA Maintained Public Areas as shown on Exhibit "B," in order to facilitate the
obligations of KHBL as set forth in Supplemental Subdivision Improvement Agreement, adopted pursuant
to the City Resolution.
2-49
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree
as set forth below
1. Grant of Easements. The City hereby grants to KHBL and its agents, successors and
assigns, non-exclusive easements and rights-of-way over and across the HOA Maintained Public Areas for
the purpose of maintaining, repairing and replacing landscaping improvements located thereon. These
grants are made without any warranties of any kind, express or implied, other than the warranty stated
in Paragraph 14(f) beiow.
2. Maintenance Obliaations.
(a) KHBL to Initially Maintain. KHBL hereby covenants and agrees, at its sole
cost and expense, to maintain, repair and replace, or cause to be maintained, repaired or
replaced; those improvements within the HOA Maintained Public Areas which are described on
Exhibit "C" attached hereto, at a level equal to or better than the level of maintenance which is
acceptable to the Director of Public Works Operations, at his/her discretion and equivalent to City
or Community Facilities District maintained right-of-way facilities. For purposes of this
Agreement, the term "Maintenance" or "Maintain" shall mean the maintenance, repair, the
provision of water and replacement obligations described herein and on Exhibit "C" attached
hereto and shall also include repair and replacement at no cost to the City of any City owned
property that is damaged during performance of the maintenance responsibilities pursuant to this
Agreement. Exhibit "C" also refers to the maintenance responsibilities of the City.
.
(b) Transfer to HOA. Upon KHBL transfer of maintenance obligations to the HOA,
(i) the HOA shall become obligated to perform the obligations so transferred, and (Ii) subject to
the City determining that the requirements of Paragraph 3 below have been satisfied, KHBL
shall be released from such obligation. Transfer of maintenance obligations to the HOA may be
phased (that is, there may be multiple transfers).
KHBL represents to City that it intends to, and has the authority to, unilaterally transfer
said maintenance obligations either (i) to the HOA and that such transfer has been provided for
in the CC&Rs, and that such document(s) include the provisions described in Paragraph 3(a)
below.
3. Assianment bv KHBL and Release of KHBL
(a) Assignment. Upon KHBL's transfer of the Maintenance obligations to the HOA,
it is intended by the parties that the HOA shall perform the Maintenance obligations either itself
or by contractors. Such transfer will release KHBL from its obligations only if all of the following
occur:
.
(i) HOA AcceDts Oblication. The HOA has unconditionally accepted and
assumed all of KHBL's obligations under this Agreement in writing, such assignment
provides that the burden of this Agreement remains a covenant running with the land,
and the assignee expressly assumes the obligations of KHBL under this Agreement. The
assignment shall also have been approved by the appropriate governing body of the HOA
by resolution or similar procedural method and approved as to form and content by the
Bella Lago Grant of Easements
2-50
2
City Attorney. The City shall not unreasonably withhold its consent to such assignment.
(II) HOA's CC&Rs. The City has confirmed that there have been no
modifications to the recorded CC&Rs previously approved by City, to any of the following
provisions: the HOA shall be responsible for the maintenance of the HOA Maintained
Public Areas, the HOA shall indemnify City for all claims, demands, causes of action,
liability or loss related to or arising from the maintenance activities, and the HOA shall
not seek to be released by City from the maintenance obligations of this Agreement,
without the prior consent of City and one hundred percent (100%) of the holders of first
mortgages or owners of the Property.
(iii) HOA Insurance. The HOA procures and formally resolves to maintain at
its sole cost and expense, commencing no later than the City's release of all of KHBL's
landscape maintenance bonds, a policy of public liability insurance which at least meets
the requirements of Section 3.15 of the CC&Rs, which shall contain the following
provisions:
(1) The City of Chula Vista shall be named as an additionally
insured party to such insurance pursuant to the City's
requirements the Master Association do so;
(2) The policy shall not contain a cross-suit exclusion clause
which would abrogate coverage should litigation ensue
between insureds;
(3) The policy shall contain the following severability clause (or
language which is substantially the same): "The coverage
shall apply separately to each insured except with respect to
the limits of liability."
(4) This Section 3.15 may not be amended without the written
consent of the City Planning Director or City Attorney.
The HOA shall provide the City with a Certificate of Insurance upon procurement of the
policy as set forth above.
(b) Release. When all conditions precedent in Paragraph 3(a) are fulfilled, KHBL
shall be released from its obligations under this Agreement, including its security and insurance
requirements. KHBL acknowledges that it has a contractual obligation to perform the terms and
conditions of this Agreement until and unless released by the City from this Agreement. At least
sixty (60) days prior to such transfer, KHBL shall give a notice to the City of KHBL's intent to
transfer its Maintenance obligations herein and provide the City with the appropriate documents
listed in Paragraph 3(a).
4. r Reservedl.
S. KHBL's Insurance. Until such time as the HOA has obtained the general liability insurance
required by Section 3.15 of the CC&Rs, KHBL agrees to procure and formally resolves to maintain at its
Bella Lago Grant of Easements
2-51
3
sole cost and expense, commencing no later than the date that the landscape architect of record has
submitted a letter of substantial conformance pertaining to work being completed to the General Services
Department and the General Services Department Director or his designee has deemed the work
complete and satisfactory, a policy of public liability insurance that would include, but is not limited to the
following:
General Liabilitv Insurance. KHBL shall obtain a comprehensive general liability and property
damage insurance policy insuring KHBL against liability incident to ownership or use of the Property. The
limits of such insurance shall not be less than $3 Million covering all claims for death, personal injury and
property damage arising out of a single occurrence. The insurer issuing such insurance shall have rating
by A.M. Best "A, Class V" or better with modified occurrences and as admitted by Best's Insurance Guide.
Such insurance shall include the following additional provisions provided they are available on a
commercially reasonable basis:
(i) The City of Chula Vista shall be named as an additionally insured party to
such insurance pursuant to the City's requirements KHBL do so;
(ii) The policy shall not contain a cross-suit exclusion clause which would abrogate
coverage should litigation ensue between insureds and;
(Iii) The policy shall contain the following severability clause (or language which is
substantially the same): ''The coverage shall apply separately to each insured
except with respect to the limits of liability."
KHBL shall provide the City with a Certificate of Insurance upon procurement of the policy as set forth
above.
6. Indemnitv. KHBL shall defend, indemnify and hold harmless the City, its officers, agents
and employees, from any and all actions, suits, claims, damages to persons or property, costs including
attorney's fees, penalties, obligations, errors, omissions, demands, liability, or loss of any sort (herein
"claims or liabilities"), that may be asserted or claimed by any person, firm, or entity because of or
arising out of or in connection with the use, maintenance, or repair of the HOA Maintained Public Areas.
KHBL shall not have any liability under this section by reason of the Transferee's failure to maintain.
7. Indemnitv if Transferee. The document whereby KHBL transfers a Maintenance
obligation to a Transferee shall be signed by both KHBl and the Transferee and shall set forth an express
assumption of Maintenance and other obligations hereunder and shall include the following
indemnification provision:
Indemnitv. The Transferee shall defend, indemnify, and hold harmless the City, its
officers, agents and employees, from any and all actions, suits, claims, damages to
persons or property, costs including attorney's fees, penalties, obligations, errors,
omissions, demands, liability, or loss of any sort (herein "claims or liabilities"), which
result from the Transferee's failure to comply with the requirements of the obligations
transferred hereby to Transferee. Transferee shall not have any liability under this
Indemnity by reason of another party's failure to maintain. It is specifically intended that
the City shall have the right to enforce this Indemnity. This Indemnity may not be
Bella Lago Grant of Easements
2-52
4
amended without the written consent of the City Director of Planning and Building or City
Attorney.
8. Aoreement Bindino UDon Anv Successive Parties. This Agreement shall be binding
upon KHBL and any successive Declarant under the CC&Rs. This Agreement shall be binding upon HOA
and any Transferees upon transfer of maintenance obligations to the HOA or Transferee, respectively.
This Agreement shall inure to the benefit of the successors, assigns and interests of the parties as to any
or all of the Property.
9. Aoreement Runs With the Land. The burden of the covenants contained in this
Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns, and any
successor-in-interest thereto. The City is deemed the beneficiary of such covenants for and in its own
right and for the purposes of protecting the interest of the community and other parties, public or
private, in whose: favor and for whose benefit such covenants running with the land have been provided,
without regard to whether the City has been, remained or are owners of any particular land or interest
therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies
and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing
of such breach to which it or any other beneficiaries of this Agreement and the covenants may be
entitled.
10. Governino Law. This Agreement shall be governed and construed in accordance with
the laws of the State of California.
11. Effective Date. The terms and conditions of this Agreement shall be effective as of the
date this Agreement is recorded in the Official Records of the San Diego County Recorder's Office.
12. CounterDarts. This Agreement maybe executed in any number of counterparts, each
of which shall be original and all of which shall constitute one and the same document.
13. Recordino. The parties shall cause this Agreement to be recorded in the Official
Records of the San Diego County Recorder's Office within thirty (30) days after this Agreement has been
approved by the City Council.
14. Miscellaneous Provisions.
(a) Notices. Unless otherwise provided in this Agreement or by law, any and all notices
required or permitted by this Agreement or by law to be served on or delivered to either party
shall be in writing and shall be deemed duly served, delivered and received when personally
delivered to the party to whom it is directed or, in lieu thereof, when three (3) business days
have elapsed following deposit in the United States mail, certified or registered mail, return
receipt requested, first-class postage prepaid, addressed to the address indicated in this
Agreement. A party may change such address for the purpose of this Paragraph by giving
written notice of such change to the other party.
Bella Lago Grant of Easements
2-53
5
If to City:
CITY OF CHULA VISTA
Department of Public Works/Engineering Division
276 Fourth Avenue
Chula Vista, CA 91910
Attn: City Engineer
If to KHBL:
K. HOVNANIAN AT BELLA LAGO, LLC
420 Stevens Avenue, Suite 170
Solano Beach, CA 9207S
Attn: Bob Cummings, Area President
With a Copy to:
K. HOVNANIAN HOMES
2S2S Campus Drive
Irvine, CA 92612
Attn: Diego Santana, Esq.
(b) Captions. Captions in this Agreement are inserted for convenience of reference and
do not define, describe or limit the scope or intent of this Agreement or any of its terms.
(c) Entire Agreement. This Agreement, together with any other written document
referred to herein, embody the entire agreement and understanding between the parties
regarding the subject matter hereof, and any and all prior or contemporaneous oral or written
representations, agreements, understandings and/or statements shall be of no force and effect.
This Agreement is not intended to supersede or amend any other agreement between the parties
unless expressly noted.
(d) Recitals; Exhibits. Any recitals set forth above and any attached exhibits are
incorporated by reference into this Agreement
(e) Compliance With Laws. In the performance of its obligations under this
Agreement, KHBL, its agents and employees, shall comply with any and all applicable federal,
state and local rules, regulations, ordinances, policies, permits and approvals.
(f) Authority of Signatories. Each signatory and party hereto hereby warrants and
represents to the other party that it has legal authority and capacity and direction from its
principal to enter into this Agreement, and that all resolutions and/or other actions have been
taken so as to enable said signatory to enter into this Agreement
(g) Modification. This Agreement may not be modified, terminated or rescinded, in
whole or in part, except by written instrument duly executed and acknowledged by the parties
hereto, their successors or assigns, and duly recorded in the Official Records of the San Diego
Bella logo Grant of Easements
2-54
6
County Recorder's Office.
(h) Severability. If any term, covenant or condition 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 term, covenant or
condition to person or circumstance, shall not be affected thereby and each term, covenant or
condition shall be valid and be enforced to the fullest extent permitted by law.
(i) Preparation of Agreement. No inference, assumption or presumption shall be
drawn from the fact that a party or its attorney prepared and/or drafted this Agreement. It shall
be conclusively presumed that both parties participated equally in the preparation and/or drafting
of this Agreement.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Bella Lago Grant of Easements
2-55
7
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first set forth above.
"City":
CITY OF CHULA VISTA, a municipal corporation
By:
Stephen G. Padilla, Mayor
,(\ttest:
Susan Bigelow, City Clerk
APPROVED AS TO FORM:
By:
Ann Moore, City Attorney
IIKHBL":
K. HOVNANIAN AT BELLA LAGO, LLC,
a California limited liability company
By:
R'~
~
Robert Cummings
Its: Authorized Agent
.
.
Bella logo Grant of Easements
2-56
8
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On \ !O(\\.:ofy.B, 2006 before me, H. Doose. Notary Public
appeared 12.tJ\{)eD ~ Jmm ~C;
. personally
personally known to me
or
X proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal
H. DOOSE
Commission # 1378507 z
Notary Public. California ~
San Diego Countv
MyComm. Expire30ct6, 2006
ffi- -~R _
SIGNATURE OF NOTARY PUBLIC
(S E A L)
2-57
STATE OF CAllFORNIA )
) ss.
COUNTY OF )
.
On . 200-, before me,
Notary Public in and for said State, personaily appeared
personaily known to me ( or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her authorized capacity(ies), and that by his/her/their signature(s) on the
instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the
Instrument.
.
WITNESS my hand and official seal
Signature
(Seal)
STATE OF CAllFORNIA
COUNTY OF
)
) ss.
)
.
On . 200-, before me,
Notary Public in and for said State, personaily appeared
personaily known to me ( or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her authorized capacity(ies), and that by his/her/their signature(s) on the
instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the
Instrument.
.
WITNESS my hand and official seal
Signature
(Seal)
Bella Lago Grant of Easements
2-58
9
EXHIBIT "A"
Lelia I DescriDtion
Bella Lago Grant of Easements
2-59
10
Bella Lago Grant of Easements
EXHIBIT "B"
Plats Showing Public Areas To Be Privately Maintained
2-60
11
EXHIBIT HB"
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2-62
EXHIBIT "C"
Maintenance ResDonsibilities
Area
Parkways within those
portions of those public roads
~hown on Exhibit "6"
HOA Maintenance
Landscaping in the parkways
including irrigation, trimming
nd pruning of trees, and
maintenance and irrigation of
urf areas, and maintenance
f any project signage or
imilar project monumentation.
City of Chula Vista
Maintenance
Maintenance of curb, gutter,
idewalks and pavement.
Bella Laga Grant of Easements
2-63
12
COUNCIL AGENDA STATEMENT
/')
Item ./
Meeting Date 04/11/06
ITEM TITLE:
Resolution Establishing the "Street Light Installation at the
Southwest Corner of Brandywine Avenue and Ingram Street" (TF-
343) Capital Improvement Project and approving a budget transfer
from the existing "Noise Study for Properties in the Vicinity of the 1-
805 Corridor Project" (STM-353) to TF-343 to complete the project.
SUBMITTED BY:
Acting Director ofEngineering~
//,
l' i -;J{)
City Manager ill ~"" y ~ (4/5ths Vote: Yes
x
No->
REVIEWED BY:
At their March 7, 2006 meeting, Council received a petition rrom residents of Sunbow II
requesting that a streetlight be installed at the southwest corner of the intersection of Ingram
Street with Brandywine Avenue. The residents expressed concern due to their sense that Ingram
Street becomes very dark during evening hours due to deficient street lighting at this location.
Staff researched this concern and concluded that the installation of a new streetlight is necessary
to bring lighting up to City standards. Tonight, Council will consider establishing a new ClP
project and approving a budget transfer in the amount of $13,260 necessary to complete this
street light installation. As authorized by the City of Chula Vista Charter Section 1009 for
Public Works projects less than $25,000, staff will proceed with an informal bidding process for
the constmction of these improvements upon receiving Council approval for the establishment of
the capital improvement project and the associated budget transfer.
RECOMMENDATION: That Council authorize the establishment of the "Street Light
Installation at the Southwest corner of Brandywine A venue and Ingram Street" (TF -343) capital
improvement project and approve a budget transfer from the existing "Noise Study for Properties
in the Vicinity of the 1-805 Corridor Project" (STM-353) in the amount of $13,260 necessary to
complete the project.
BOARDS/COMMISSION: N/A
DISCUSSION:
Field research verified that Ingram Street west of Brandywine does not receive adequate lighting
rrom the existing street light system on Brandywine Avenue and Ingram Street installed as part
of the Sunbow II improvements (see Exhibit 1). Staff recommends that a new streetlight be
installed at the southwest corner of the intersection to bring the street lighting up to City
standard.
The general scope of work of the proposed project includes the installation of a new 250-watt
streetlight and other ancillary work (including conduits, installation of pull boxes, and removal
and replacement of a sidewalk panel). The work also includes all labor, materials, equipment,
transportation, protection of existing improvements and other work necessary to perform the new
improvements. The estimated construction cost is $13,260 (see Exhibit 2).
3-1
Page 2, Item ....2..-
Meeting Date 04/11/06
In FY 2004/2005, $75,000 was budgeted in STM-353 in order to perform sound wall studies in
the 1-805 corridor area. The current Direct Access Ramp (DAR) Project being administered by
CALTRANS and SANDAG provides for all technical studies required for this regional project
(including sound wall studies); therefore, $13,260 of the originally allocated funding can be
diverted to the new streetlight (TF-343) project at this time.
As permitted by Section 1009 of the Charter of the City of Chula Vista ("Contracts on Public
Works"), staff anticipates conducting an informal bidding process for securing competitive offers
for constructing these improvements estimated to total less than $25,000. Please note that the
Purchasing Agent is authorized to approve Public Works contracts for less that $25,000. It is
estimated that construction would be complete by late May 2006.
FISCAL IMPACT: Approval of the proposed resolution will transfer $13,260 from the existing
STM-353 (sound wall study) project to the new TF-343 (street light) project. There are
sufficient funds available in STM-353 for this transfer. Please note that another item on
tonight's agenda proposes transferring $50,000 from the remaining balance in STM-353 (sound
wall study) to CIP Project TF-342 in order to fund the construction of median fencing along
western and southern frontages (Otay Lakes Road and East H Street) of Bonita Vista High
School. An information item provided with this week's Council Agenda packet provides
additional background on STM-353, "Noise Study for Properties in the Vicinity of the 1-805
Corridor Project."
There is no impact to the General Fund.
Exhibits:
I) Location Plat
2) Cost Estimate
.
File: J:\Engineer\AGENDA\CAS2006\04-11-06\Street Light at Ingram and Brandywine.doc
3-2
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CITY OF CHULA VISTA - COST ESTIMATES
EXHIBIT "2"
PROJECT NAME
STREET LIGHT INSTALLATION AT THE
SOUTHWEST CORNER OF BRANDYWINE
A V AND INGRAM ST IN THE CITY OF
CHULA VISTA, CA
Project Number:
DATE:
PREPARED BY:
CHECKED BY:
APPROVED BY:
TF -323
03/09/2006
MLCM
RALlLAD
FXR
!NO. ITEM QTY. UNIT ENGINEER'S ESTIMATE
UNIT COST TOTAL
. - .. _..-
I ! Public Convenience and Safety (Traffic Control) I Lump $ 500.00 $ 500.00
Sum
Furnish and Install 27' Street Light Standard with
2 8' Mast Arms Complete with Foundation, 250 I Each $ 3,000.00 $ 3,000.00
Watt Luminaires, Lamps and Photo Electric Cells.
3 Trench, Furnish and Install 11/2" Conduit 250 Lineal $ 20.00 $ 5,000.00
schedule 40 with 3#6 wires Foot
~ 4 Furnish and Install #3 1/2 Pull Box complete with 2 Each $ 300.00 I $ 600.00
"Street Light" Lid
;- Square
5 Removal and Replacement of Sidewalk Panel 50 $ 12.00 $ 600.00
.j Foot
I 6 Protection, Restoration of Existing Improvements 1 Lump $ 500.00 I $ 500.00
and Disposal of Existing Improvements Sum
SUB-TOTAL $ 10,200.00
CONTINGENCY (15%' $ 1,530.00
, $ 11,730.00;
i
I Staff Time (15%) $ 1 c~n nn.
',:
'1 I i
$ 13,260.00 i
.. =."~:0."+~r_",'i~_";_">,.'."."""",,,11!:f='*"ft;:."'$',,^"';',="W"-'r"""~""""u",,,,,,,,,,.~,,,;::,,,,,w.._,,,cw..,-;~",,.~-;,,,,,,,,,;~,,=>.J;j,,;,,,'"'.,,",,,,w.,.!;' ...,t'!"-~&i>""';;"_='i!<~"li;-"""\'j',. .,..
STL Treq8randywine.lngram Stest
3-4
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ESTABLISHING THE "STREET LIGHT
INSTALLATION AT THE SOUTHWEST CORNER OF
BRANDYWINE AVENUE AND INGRAM STREET (TF-343)"
CAPITAL IMPROVEMENT PROJECT AND APPROVING A
BUDGET TRANSFER OF $13,260 FROM THE EXISTING
"NOISE STUDY FOR PROPERTIES IN THE VICINITY OF
THE 1-805 CORRIDOR PROJECT (STM-353)" TO TF-343 TO
COMPLETE THE PROJECT.
WHEREAS, installation of a street light at the southwest corner of Ingram Street and
Brand ywine Avenue is necessary to bring street lighting up to standards at that location; and
WHEREAS, in FY 200412005, $75,000 was budgeted into STM-353 "Noise Study for
Properties in the Vicinity of the 1-805 Corridor"; and
WHEREAS, with the current Direct Access Ramp (DAR) Project being administered by
CALTRANS and SANDAG, all technical studies that are required in this area (including noise
wall studies) are funded as part of this regional project and CIP project STM-353 is no longer
needed; and
WHEREAS, staff has estimated a construction cost of $13,260.00 for installation of the
street light at the southwest comer of Ingram Street and Brandywine A venue; and
WHEREAS, since CIP project STM-353, which has an available balance of $72,003, is
no longer necessary, there is sufficient balance to transfer $13,260.00 of those funds for funding
the "Street Light Installation at the Southwest Comer of Brandywine Avenue and Ingram Street
(TF-343) Project".
NOW, THEREFORE, be it resolved that the City Council of the City of Chula Vista
establishes the "Street Light Installation at the Southwest Corner of Brandywine A venue and
Ingram Street (TF-343)" capital improvement project and approves a budget transfer of
$13,260.00 from the existing "Noise Study for Properties in the Vicinity of the 1-805 Corridor
Project (STM-353)" to TF 343 Project to complete the project.
Presented by
Approved as to form by
~L^-tL-~ .
Ann Moore
City Attorney
Leah Browder
Acting Director of Engineering
3-5
COUNCIL AGENDA STATEMENT
Item: ..;
Meeting Date: 4/11/06
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ACCEPTING DONATIONS IN THE
AMOUNT OF $29,000 AND APPROPRIATING SAID
DONATED FUNDS
REVIEWED BY:
Fire Chief 5) f\. (J
City Manager f~ rR (4/5ths Vote: YesLNo ->
SUBMITTED BY:
The Fire Department has received donations in the amount of $29,000 from
community donors. These donations were made to the Fire Department to
support the department's fire suppression and fire prevention functions. The
donations will be used to purchase equipment and supplies for these functions.
RECOMMENDATION: That Council adopts the resolution accepting the
donations in the amount of $29,000 and amending the FY06 Fire Department
budget to appropriate $4,000 to services and supplies and $25,000 to capital.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION: The Fire Department has received donations in the amount of
$29,000. The Mary Birch Foundation donated $25,000 of this amount. The Fire
Department will be using these funds to purchase thermal imaging camera (TIC)
equipment. The use of TICs has become more and more prevalent in major fire
departments throughout the country. TICs are designed to recognize heat-
producing sources and thus significantly aid Firefighters in finding hidden fires
within structures, and most importantly finding fire victims during search
operations at structure fires. In addition, TICs are used extensively to enhance
Firefighter safety by assisting the recovery of Firefighters that are lost or injured
inside of a structure fire.
With the acceptance of these donated funds, Chula Vista Fire Department will be
adding to its existing complement of TICs and also expanding into a wireless
technology component of TICs. The wireless hardware and software that will be
added to the existing TICs, will be used by Incident Commanders in the field so
that they can remotely view exactly what the interior fire crews are seeing with
4-1
their TICs. The Fire Department will also incorporate the wireless technology
component into all future fire recruit training academies, in an effort to better
educate all new Firefighters on fire behavior.
The balance of funds ($4,000) was donated by Walmart to the Fire Prevention
division. These funds will be used to purchase learning resources that will allow
for a higher level of knowledge and increase firellife safety and public awareness
in the community.
FISCAL IMPACT: There are no matching funds required by the General Fund.
Approval of the resolution results in a one-time $29,000 appropriation to the Fire
Department budget offset by donations.
4-2
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ACCEPTING DONATIONS IN THE
AMOUNT OF $29,000 AND APPROPRIATING SAID
DONA TED FUNDS
WHEREAS, The Fire Department received donations in the amount of
$29,000 from the Mary Birch Foundation and Walmart; and,
WHEREAS, The Fire Department appreciates the generosity and support
shown by the Mary Birch Foundation and Walmart; and,
WHEREAS, $25,000 of these funds donated by the Mary Birch
Foundation will be used to purchase thermal camera equipment to enhance the
department's fire suppression capability and increase firefighter safety; and,
WHEREAS, $4,000 of these funds will be used by the Fire Prevention
division to purchase learning resources that will allow for a higher level of
knowledge and increase fire/1ife safety and public awareness in the community;
and,
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the
City of Chula Vista does hereby accept donations in the amount of $29,000 from
the Mary Birch Foundation and Walmart and appropriates said donated funds to
the Fire Department FY 2006 equipment and services and supplies budget for the
purchase of thermal camera equipment and learning resources.
Presented by:
Approved as to form by:
C;,,_ ~~ \..
~.perry C)
Fire Chief
H:/shared/attomey/Fire-Mary Bitth & Walmart
4-3
COUNCil AGENDA STATEMENT
Resolution awarding a contract through the formal bidding
process to InfoSend, Inc. to provide printing and mailing services for
sewer bills
Director of FinancefTreasurer~~
/177~
City Manager J/ ~ J' ^ (4/5ths Vote: Yes _No....L..-)
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
5
Item
Meeting Date 411112006
The City has contracted for printing and mailing services for sewer bills since 2002, and
through the formal bidding process, received three responses to the City's Request For
Bid (RFB). InfoSend, Inc. was chosen primarily due to their competitive pricing and
quality of service.
RECOMMENDATION: That Council adopt a resolution awarding the contract to
InfoSend, Inc., for the printing and mailing of sewer bills from May 15, 2006 to May 14,
2007; and authorizing the Purchasing Agent to renew the agreement, with the same or
similar prices and the same terms and conditions, for the next five years.
BOARDS/COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION: The City is responsible for sewer billing in the area served by the
Sweetwater Authority. The City first contracted out mailing and printing services for these
sewer bills in June 2002. With that contract up for renewal, a Request For Bid (RFB) was
issued and using the City's formal bidding process, the bid was advertised in the Chula
Vista Star News and five potential vendors were contacted. Three companies responded
and the following table summarizes the bids.
Pre-Sort Center
0.170
0.050
0.005
125.00/hr
None
No
InfoSend submitted the lowest bid, and calls were made to several other cities and utility
districts currently using InfoSend for their printing and mailing services. The City's sewer
billing software system, Springbrook, confirmed that they have several clients that use
InfoSend for the printing and mailing of their utility bills. The feedback received was all
very positive. Based on InfoSend's competitive pricing and excellent business
5-1
Page 2, Item
Meeting Date April 11 , 2006
references, staff is recommending awarding the contract to InfoSend, Inc.
The City currently generates 90,000 sewer bills annually at a cost of approximately $0.20
per bill to cover paper, envelopes, printing and stuffing. Under this new contract, the cost
per bill would be reduced to $0.138 per bill that would result in an annual savings of
almost $6,000. Postage costs were approximately $27,000 but with the recent postage
increase, is now estimated to be $29,000. These costs reflect the use of bulk-mailing
services that allow the City to benefit from reduced postage rates.
FISCAL IMPACT: There is no fiscal impact to the General Fund. There is no impact to
the current year's Sewer Fund budget as the costs for these services have already been
appropriated. The fiscal year 2007 Sewer Fund budget will reflect a $4,000 reduction in
Professional Services for these services.
5-2
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AWARDING A CONTRACT THROUGH THE FORMAL
BIDDING PROCESS TO INFOSEND, INC., TO PROVIDE PRINTING
AND MAILING SERVICES FOR SEWER BILLS
WHEREAS, the City is responsible for sewer billing in the area served by the Sweetwater
Authority. The City fIrst contracted out mailing and printing services for these sewer bills in June
2002; and
WHEREAS, the contract is up for renewal, a Request For Bid (RFB) was issued and using
the City's formal bidding process, the bid was advertised in the Chula Vista Star News and fIve
potential vendors were contacted
WHEREAS, three companies responded and the following table summarizes the bids;
Vendor InfoSend Data Prose Pre-Sort Center
Price Per Bill $0.138 $0.145 $0.170
Price Per Additionallmoression $0.080 $0.050 $0.050
Price Per Additional Insert $0.010 $0.010 $0.005
Tech Services Charae $130.00/hr $185.00/hr $125.00/hr
Initial Set-Up Charae None None None
Experience w/City Software Yes Yes No
WHEREAS, InfoSend submitted the lowest bid, and calls were made to several other cities
and utility districts currently using InfoSend for their printing and mailing services; and
WHEREAS, based on InfoSend's competitive pricing and excellent business references,
staff is recommending awarding the contract to InfoSend, Inc.
NOW, THEREFORE, be it resolved the City Council of the City of Chula Vista does
hereby accept bids and award the contract to InfoSend, Inc. for the printing and mailing of sewer
bills from May 15, 2006 to May 14, 2007; and
BE IT FURTHER RESOLVED that the Purchasing Agent of the City of Chula Vista is
hereby authorized to renew the agreement, with the same or similar prices and the same terms
and conditions, for the next five years.
Presented by
Approved as to form by
,
'-I'LO- tt /' ~
Ann Moore
City Attorney
Maria Kachadoorian
Director of Finance
J:lattorneylresolbidsla ward contracts InfoSend Inc
5-3
!I!!~!.'!!!:~
PU1(crHASiNG IiJ!\T,!iiN
;Q6 F[S 28 AM 10: S5
February 27, 2006
O(?CNESJ CD lOovnf?-(
City of Chula Vista
Purchasing Division
1800 Maxwell Rd
Chula Vista, CA 91911
Re: RFB #1-05/06 Sewer Billing Service
Dear Purchasing Manager:
I would like to thank you for the opportunity to provide the City of Chula Vista with a
proposal for InfoSend's services.
InfoSend currently provides services for more than utility 50 agencies throughout the
United States! From utilities (cities, districts, water authorities) to healthcare,
distributors, retail and service providers, and other financial organizations, we specialize
in the production and handling of critical financial documents.
From design and custom programming to printing and inventory management, our
objective is to become an extension of our clients' operations so that they can focus on
more important aspects of their business, saving them time and money. The result is
higher quality document production and efficient workflows, which results in greater
business success!
If you have any questions regarding the proposal or our services, please contact me
directly via phone or em ail carlvn.a@infosend.com.
Sincerely,
~CPa
Account Executive
1041 S. Placentia Ave. . Fullerton, CA 92831-5105
(800) 955-9330 . (714) 525-8600 . Fax (714) 446-1482
www.i~os~d.com
!~~!:~~M
Proposal for Sewer Bil/ing Services
RFB #1-05/06
.; ~fft..
-iiA-
~~...;;:
.~~~~
0lY Of
CHUIA VISTA
February 27, 2006
Provided By:
Carlyn Appleby
Account Executive
InfoSend, Inc.
1041 S. Placentia Ave
Fullerton, CA 92831-5105
(800) 955-9330
www.infosend.com
5-5
RFB #1-05/06
~!~
---
~ -
cnr OF
CHUIA VJSrA
Page 4
Evaluation
Evaluation will bc based on the fOllowing criteria:
· Ability to handle the City's volume of business
· Business standing and financial solvency
. Capacity and resources of the firm to perform the work
· Cost
. Experience
. Past performance
. Qualifications of staff
· Quality of work product
· References
Selection Process
The Treasury Manager will be respousible for beth reviewing the bids and, if necessary,
conducting candidate interviews. Each firm will be ranked according to the evaluation criteria
outlined above. Presentalions or responses to additional questions regarding the bids may be
required.
The City may further request representative work samples or coriduct site visits. Work samples
shall be provided within forty-eight (48) hours of request and at no cost to the City. Work
samples will not be returned. References of the top ranked firms may be checked.
References
Please !ist five (5) dIfferent customers for whom you are currently providing comparable
services. The ideal reference would be a government agency of similar size to ChuJa Vista.
_JY1€SGt rO{)~ll'd tikd-YJakr- ()sincJ
~li<\ P-J~[enha aV,?,' nJ<;ffi (hpsq/"(;;Q2iRZ-=i-
_i3dah CatYtJ Cqqq) Ld/-l200
Date(s) Service Provided: Pro r ,./ Z06 J U- P'<.$..ern i--
. ,
Des~ription of Work pr. ovided: &Vrd:e-"" ~;;/:nt;;,"n +,'", (] rf rnCL~ ~
I ()-:y~<<, ) J ll)O[) h) 115 p--Vr r77 6YJ!.;-n . J
I) Company Name:
Address:
Contact Person & Phone Number:
5-6
RFB #1-05/06
~
~{ft.
- -
Page 5
CrrvOf
CHUIA VISIiI.
~~;; J20v\J~
13;' ,"II,. (~rrt-?f Dc, POwG.A In Qit')0-!
. C.
-Contact Person & Phone Number: Tirl~ LlJhde t6s-BY1LfI8-LleD6 y: 540IJ
Date(s) Service Provided: ,Jan ' 2004- - P(,~Sf'.-n+- 6C;.3-~'tbq
Description of Work Provided: (1+-;Li I:(j _ h.t j A pr Int-~~ r"r\rU lAJ+-
inl)p.A-p(\v1'!',nc] (5.000 h..l../4.s ptfi ~ '
o
3) Company Name: ~~ ~f ~.IthYt1J'r1ri.R)1 C{
Address: JLj)Lj m/S?,llv1 (~t"S. {/,:U:t.u:{k/)O\;~ 9m.1'o
Contact Person & Phone Number: JOSh P:,p+hq ({tlL0 403 -12_ z..
Date(s) Service Provided: -B:.p (,' I 7~ 4- - t? r~sf;-,-r __
D'''ri~'fWorl<Pro-.c IJ~~~ ~~ p~ tj'J4 trJn,j ~
1).(../..1 (h:5.f~ I 3: ()()'() ~_~ 'S IL~ --__f?--'n-}gJ2rMk:., ~)(re,
I , J _ J
~V:i)~apr:;::~t/::;fhPj)~ lAqu 72-
Contact Person & Phone Number: lOrn J<-f'A'1 cL<A q ('''I'-fc{) 2,(o( - f3:31 f:;"
Date(s) Service Provided: ND V. 2Do -t.f ~ pr~5.(t1-1- .
"=rip'" ,fWorl<Pro""d ~;;:;"., ~~ - ~~1 ~~
{i'7?-f.AfK:: prrnh11j (f./__~/Y_ (J,j___a~ ~'l~/f- '1.'(/'11{).
5) Company Name: CJ~ o-f 5;;A nnuvcdJL.
Address: ~~ (J),:+-()fI'VlYOVa.... fSUfJ'!J/ClU/C4-- qL(OE3~
Contact Person & Phone Number: TJ/"r) k.1 rbd l40FD 73r) -13~()
Date(s) Service Provided: f'rlarr,h Uo4-- f}f/SP-11T
. Desc~Ption of Work Provided: . U"h 'LA' 'J br:U pn If r;. () f (hru 115 '
/'r&J-~. t( IJ.()()() 'r2cji,s/ mI') ~
(f . I
2) Company Name:
Address:
4) Company Name:
Address:
5-7
RFB #1-05/06
~!rc..
-~-
COY OF
CHUIA Vl5Ii\
Page 6
Company Background
How rrumy years has your company been in business? -.J D
How many years has your business been at its current location? T
How many permanent full-time employees are there at your company: 1 "1
What is your current annual volume of business (Estimate OK)? $_1 S rn. L' L.
What is the average size of your accounts (Estimate OK)? ?O tOO 0
What is the current capital value of your company (Estimate OK)? $
~5 rY-'Il' I,
Yes ,/ No
No
Are there any considerations for buyout or mergers with your fmn?
Does your company provide print services exclusively? ./ Yes
Name, Phone & E-Mail of Individual to be Assigned City Account (Include Resume):
r: ar-L'jYl ~ p L.€.-~? ; Atc6l-Ln+-, GX.fCUhve....
((JOO) qS-S-- 4370 , CCu--~n. C\ (ciJ lv'lt1:,S6nd. CDY"Y)
5-8
RFB #1-05/06
~f~
-.,;--
-
ClIYOF
CHUIA VISli\
Page 7
BID FORM
I) Paper Bill (includes: data processing and simplex, 2-color, ]aser imaging, 8.5xll at 3.5"
from bottom, # I 0 double window envelope, #9 single window reply envelope, folding, inserting,
presorting, and delivery to USPS)
$ . I 2-S- EA
2) View BiD (includes: data processing, PDF creation) option
$ .6i"5 EA
3) Additional Impressions
$ ,0'3 EA
4) Introduction Insert -"New BiII"- option
.04
EA
$
5) Additional Inserts (Supplied)
$ ,0 I EA
6) Technical Services (including programming and insert/forms composition-logic or special
programming)
$ 1"30- HR
7) Initial Set-Up Charge (if applicable)
$ N tJn-c:.. LOT
8) Postage Deposit
$ "t;8QO- LOT
9) Additional Services (Freight, Courier, Overnight Delivery) _ include as an attachment
fleaje- 5.ee fM--e f;.aOl,AJGv,3 fqg.-eJ.
5-9
RFB # J -05/06
~f~
-.;-~
- -
C!1Y OF
CHUlA VISI;4.
Page 8
**********
Bid & Offer to Contract
The bidder, herein sometimes called contractor, finn, printer, supplier or vendor, submits a bid
and offers to enter into this contract with the City of Chula Vista, herein called City, this 28th
day of February as follows:
This Bid & Offer to Contract, subject to the specifications, terms and conditions, and
General provisions herein, when duly accepted by the City shall constitute the contract
between the parties.
In consideration of the payments to be provided by the City, and in accordance with the
conditions expressed in the bid fODDS and specifications attached and by this reference
incorporated herein, contractor agrees to furnish Sewer Billing Services to the City of
Chula Vista.
Company Name
i II ~S-f.v1r::~ C.
;). QIQC'ft1:h4 PrJQ
Address
IDyl
City J L{ II -e.rh3Y\
Telephone (906) qS;-S--,,!'BD
P.rintN~S( (2~sa~
Slgnatur { '..}
State CiL Zip "11J'J~i - Dill
Fax --b I'-IJ Y'-H.e -I '-tel.
Title UP 0 f- '(1, AI pICJ'(J fY!1!1{}}-
-rate 0.~'7~ D -6
**********
5-10
Attachment A
Additional Services
5-11
Additional Pricing Information
1) Paper Bill Pricing:
Includes laser form, #10 mailing security tinted envelopes, and processing (including bar-
coding, presorting and CASS certified address validation).
InfoSend offers custom bill design and layout consultation free of charge. InfoSend can provide
any design and color required by the City. InfoSend's Account Management Team will work
with the City's staff to create a bill to fit your needs.
InfoSend offers three different types of forms: 1) Standard Preprinted Color forms, 2)
Custom Preprinted Color forms and 3) Highlight Color fOrms. Currently 99% of our utility clients
use the standard or preprinted color forms. InfoSend recommends preprinted color form
because they allow for the cleanest and best quality color printing!
The Citv mav choose from two options (same cost. $.125 per piece):
1. Custom preprinted color form, up to 4 total colors max. Includes a preprinted
backer.
2. Highlight color printed bill: 2-color process will be used (black + one additional
color, choice of standard blue, green or red) includes a duplex printed backer
in black only.
2) Bill View:
InfoSend calls this service EBP or Electronic Bill Presentment. Additional information has been
provided in the detailed proposal. 3 months of retention will be included.
3) Additional Impressions:
This pricing only applies to true additional pages, not grouped bills.
4) Introduction Insert:
The pricing quoted on the bid sheet is for an 8.5x11" insert printed 2-color process, simplex
printing on 24# white paper. The City may choose alternate specifications.
6) Technical Services:
The current fee for programming requests is $130 per hour. Services are provided upon
request and approval in writing.
5-12
Additional Services
1) Postage:
Provided for informational purposes: Presorted 1 st class postage will be applied to the sewer
bills. The current average postage is $0.293 - $0.326 max. Overweight or foreign postage will
be billed ttie amount of excess.
2) ACS Service:
See the detailed proposal section. $.60 per reported address.
3) EBPP - Electronic Bill Presentment & Payment
See the detailed proposal section. Proposal and demo provided upon request.
4) Exception Processing:
See the detailed proposal section. Proposal and demo provided upon request.
5) Inserts:
Any special insertslflyers/stuffers prepared by the City can be inserted with the sewer bills.
Additionally, InfoSend offers full graphic arts services including design and color printi, 9 of
inserts.
InfoSend's online Insert Request Form is an innovative customer service tool that will aid
the City with insert managementl Request a quote for printing and schedule all of your
inserts online. Submit the form through our website and a summary of the request will be
returned to the user via email. View the previous requests for your account online as well.
The following standard prices if printed by InfoSend are for printing only on 241b white paper.
Additional quotes are provided upon request.
SIZE SIDE COLOR PRINTED BY AMOUNT
ANY N/A N/A Client $.01
ANY N/A N/A Client $.02 - if client
requires folding or
trimming
1/3 of 8.5x11" Simplex Black & White InfoSend $.04
1/3 of 8.5x11" Duplex Black & White InfoSend $.06
8.5x11" Simplex Black & White InfoSend $.07
8.5x11 " Duplex Black & White InfoSend $.11
8.5x11 " Simplex 2/0" InfoSend $.09
"Highlight Color printing
6) Graphic Design:
$80 per hour
.
5-13
Attachment B
InfoSend Proposal:
Detailed Information
5-14
Company Profile
Mission Statement: 'Our goal is to provide the best possible products and services along with
cost savings to our customers in an accurate, reliable and timely manner _ with a personal
touch." InfoSend, Inc. has been providing data processing, statement printing and mailing
services to various industries since 1996. In addition to these services InfoSend offers e-
business solutions such as Electronic Bill Presentment (EBP), and Electronic Bill Presentment &
Payment (EBPP) and customized e-billing solutions.
Incorporated on Jan 17, 1997 in California, InfoSend is a privately heid company. InfoSend's
core competencies are information technology, document imaging, and document design. The
company's founders have 30 years of combined Information Technology experience. This
background has helped InfoSend adapt to changes in the technology and introduce new
services to meet our client's needs.
As of Janu'ary 2005, InfoSend processes approximately 3 million pieces of mail each month.
We are continually improving services and adding to the highly capable equipment necessary to
produce financial documents. InfoSend's client base displays a wide variety of industries. From
Municipalities, Health Care (Medical and Dental), Retail, Distribution, Property Management and
other Financial Institutions, InfoSend is a leader in financial statement printing, mailing and
online bill presentment.
The Company currently owns and operates out of three conjoined buildings occupying
approximately 30,000 sq ft. The buildings are located in Fullerton California. The mail pieces
that are produced at our Fullerton facility are delivered to the main Post Office Hub of Anaheim
California, which is approximately four (4) miles from the facility.
Info Send Headquarters:
1041 S. P/acentia Avenue
Fullerton, CA 92831-5105
InfoSend's second facility is located in Redlands, California. This site will serve as the
company's disaster recovery site, and within 1-2 years will be transitioned to full production. All
mail produced in the Redlands facility will be delivered to the main Post Office Hub of Redlands.
Disaster Recovery Facility:
1475 W. Park Avenue
Red/ands, CA 92373-8178
Customer Service
InfoSend's staff can be reached by calling our office toll free at (800) 955-9330, local at (714)
525-8600 between the hours of 8 a.m. and 6 p.m. Our staff can also be reached directly via
email. Most customer service requests can be completed within the initial phone call or e-mail.
Our sales team is cross-trained in order to provide our customers with timely and reliable
service!
5-15
1
Account Manager
Carlyn Appleby, Account Executive
. Experience: InfoSend, Inc. Fullerton, CA (2002 - Present)
. Senior Account Executive
. Specialty in Municipalities Sector
. Currently Managing 40 + accounts ranging in volumes from 2,000 to
150,000 mail pieces per month
. Full knowledge of printing and mailing seNices, website tools and bill
design
Education: BA in Socioiogy from University of California, Santa Barbara (2002)
AA from Santa Rosa Junior College, Santa Rosa (2000)
OvefView
Set-up:
InfoSend creates a custom program to print and mail your data files.
Multi-file formats will be accepted without any additional charge.
Processing:
POSTNET bar coding, CASS certified address validation, eiectronically
separated multiple pages, quality control performed on every batch.
Forms:
Laser compatible, perforated stub for easy remitting and lockbox
compatibility.
Envelopes:
Standard double window #10 security tinted envelopes for mailing
and standard #9 single window security tinted envelopes for return.
Inserts:
Several options are available. Drop-ship ready to mail inserts to
InfoSend, send a file to be printed. InfoSend can help design your
inserts. Use InfoSend's online insert request form to easily manage your
inserts.
Mail:
Bar coded, presorted and mailed within 24 hours from receipt of
your data transfer. Files received and approved before a mutually
agreed upon time (e.g. 10 AM PST) are mailed the same day!
.
Reports:
Address Change SeNice and Undeliverable Address Reports are
available upon request. Custom reports allow you to keep database
information up to date.
Job Tracking:
Job Tracking allows your staff to log into our website and view the
stage that the data file or files are in (i.e. printing, quality control,
mail preparation). Confirmation reports are uploaded to the jOb tracker
for easy reference.
.
5-16
2
Sample Approval:
InfoSend can provide random or a pre-selected sample from each
file to the Client for approval (or rejection) before each file is
processed. There is no additional fee for this customer service tool.
Web-based
Messaging:
Schedule all of your bill messages online using our free web based
messaging tool!
E8P:
Electronic Bill Presentment service is optional When used on its own
without online payment features (EBPP). EBP is a useful and low-cost
tool for your customer support team. Exact replicas of printed bills can
easily be found and printed from our archive.
E8PP:
Electronic Bill Presentment and Payment Service, give your customers
the ability to pay their bills online - send bills to your customers via
email, realize cost savings by turning off paper bills! Contact your
account representative for a cost proposal and demo.
Description of Print & Mail Service
InfoSend specializes in high-speed production laser printing, duplex printing, color highlight
printing, digital color printing, electronic presorting and mailing of documents and our facility is
tailored for critical financial document workflow. With the exception of form and envelope
ordering, InfoSend does not outsource any part of the job functions; all processes are handled
at InfoSend's facility from start to finish.
. Custom programming and bill design
. Electronic presorting and processing
. Laser imaging and bar coding onto form
. Document folding
. Inserting main document and return envelope into #10 mailing envelopes
. First class postage and delivery to the USPS
The transfer of data files can occur daily, weekly or monthly as is required. InfoSend receives
data via various methods 24 hours a day. InfoSend receives data via FTP. secure website
upload. e-mail. CD. DVD or diskette. and hiqh-speed modem. Upon the receipt of the data
file, a File Transfer Confirmation report will be sent via e-mail. Your data is then processed
using a custom written program, address validated (CASS certified), electronically presorted,
printed, put through Quality Control (QC), bar-coded, folded, inserted, and mailed within 24
hours. After your data has been processed and mailed, you will receive a detailed Process
Confirmation report of the data processed for your records. The confirmation reports are
available online at www.infosend.com.
Documents are printed on high-speed cut-sheet production printers. All jobs are printed at 600
DPI. Industry-standard Windows and Linux workstations running on the Intel platform are used
to process data files. Multiple production lines ensure that mail is not delayed because of an
equipment failure. Every batch of printed documents is put through quality control before being
prepared for mailing. Detailed reporting keeps you informed on the production process!
5-17
3
Job Tracking & Sample Approval
Job Tracking allows the City to log into our website and view the stage that the data file is in.
Using the Job Tracking system, InfoSend can provide random or a pre-selected sample from
each file to the City for approval (or rejection) before each file is processed. If the City should
need to reject a file, the staff member can include notes as to why the file was rejected. A
Production staff member will contact the staff member to resolve the issue.
Quality Control
InfoSend's Quality Control (QC) procedure is one of the company's most unique internal
programs! After a file has been processed and printed the file is taken directly to the QC
station. The Customer Service Representative performing ac will check for print quality and
also compare the printed data on several random samples, based on file size, to the actual raw
data to ensure there are no data errors. Documents are checked for: accuracy of printed data,
correct file date, due dates, amounts due, message text, form type, and data truncations.
InfoSend has invested in this additional service for the benefit of our customers, free of
charge. Each statement is assigned a Control Number for fast re-printing or quality control
accounting. Damaged documents are pulled from the file, re-printed and returned to their
correct position according to control number.
Reporting
As a standard procedure, InfoSend provides our Clients with two confirmation reports per file. A
File Transfer Acknowledaement ReDort, which confirms the proper data file was received and
provides an initial page/record count will be e-mailed to the City after each data file transfer. A
Process Confirmation ReDort will be e-mailed to the City after the file has been mailed.
Several options can be selected to append more detailed information in the Process
Confirmation report.
Both confirmation reports are automatically archived in the job tracking system for the City to
download as needed. InfoSend also generates a Monthlv Process Confirmation that
summarizes all activity for the month, located in the Reports section of the website.
ACS: Address Change Service
InfoSend offers Address Change Service (ACS) in conjunction with the United States Postal
Service. This is an optional service, available to all clients who choose to utilize this address
cleaning option.
.
During the initial printing of a mail piece InfoSend will print an ACS line above the customer's
address. USPS will recognize this line and if the mail piece has a new forwarding address
USPS will automatically send the mail piece to that new address without delay. Every week
InfoSend logs in to the USPS website and downloads the reporting of any mail pieces that have
been forwarded to a new address via ACS. InfoSend will then provide the reporting to the client
in electronic format for database updating. Each report contains customer name and account
number, old address and new address. The weekly reports are uploaded to InfoSend's website,
they can also be e-mailed or faxed. ACS replaces the small postcard sent from USPS directly
to the client charging $0.70 each to alert you of a new customer address.
5-18
4
Exception Processing
Exception Processing or EP is an optionai service, which will allow you to review individual bills
based on predetermined criteria, before they are prepared for mailing. The client may choose to
flag exception bills within the data, or InfoSend can build the custom exception rules on your
behalf. Example: All bills with dollar amounts over $500,000, or less than $5.00, could be
posted to the InfoSend website for individual approval. Several standard reports are included
with this service.
Please contact your account manager for a proposal and demo.
EBP Service: Electronic Bill Presentment
InfoSend'sEBP application is an integrated part of InfoSend's print and mail services. This
custom built web-based application allows you to view an exact replica of any document that is
delivered by InfoSend. Review, re-print or send the bill(s) to your customers via email.
ESP offers many benefits:
1. Accountability
. By viewing a carbon copy of the actual document, you can ensure that InfoSend
correctly pros;essed and mailed your records.
You can view the job identification and presorting information on the document
image.
. Saving a static image of each file that was processed ensures document fidelity.
2. Speed
. A static file is saved for every document that was mailed. This speeds up access time
because you do not have to wait for the server to render the image.
. Images are stored on industriai-strength web servers for quick searching.
3. Customer Service
. Preview bills before they are printed and mailed and suppress incorrect bills.
. Customer service calls are often reduced or shortened when your customers find out
that you have quick access to view a copy of any document that was mailed to them.
. If a customer has lost a document you can fax or email a copy of the original
document to them.
Electronic Bill Presentment & Payment (EBPP)
Give your customers the ability to view and pay their bills online! InfoSend has partnered with
an enterprise software provider to offer its customers one of the most advanc!!d and user-
friendly EBPP services on the market today. The system allows your customers to receive their
bills via secure email or by logging into a secure web site. You can choose to tie the system to
existing credit card or ACH accounts to simplify payment receipt and logging.
InfoSend can assist you in increasing the adoption of your online billing program by designing
and mailing inserts to your customers that advertise the EBPP service. You can achieve cost
savings by turning off paper bills for electronic billing customers and reducing the number of
paper bills that have to be run through your remittance system.
Please contact your account manager for an EBPP proposal and demo.
5-19
5
COUNCIL AGENDA STATEMENT
.- I
Item: -,;.. '
Meeting Date: 4/11/06
SUBMITTED BY:
Extension of Deferral of the portion of the Comprehensive
General Plan Update comprised of future Villages
8,9, I O/University Area of Otay Ranch.
Director of Planning and Buildin~ ~
u,' \
City Manager {b/ (4/5ths Vote: Yes_No-.1Q
ITEM TITLE:
REVIEWED BY:
DISCUSSION:
Background:
On December 13, 2006, the City Council approved with one exception the City's
Comprehensive General Plan Update. The exception was that area which is comprised of
Villages 8,9, and 10/University area within Otay Ranch, which was deferred for a period
of 120 days.
The deferral was intended to provide sufficient time to explore with major owners the
feasibility of the potential land use changes with regard to sound planning principles and
to evaluate consistency with the goals and objectives of the General Plan Update. refined
potential land use plans, better enable the City to attain its goals of viable university and
technology park sites.
Any proposed draft land use planes), generated through this process, would be reviewed
by the Planning Commission and City Council at Public Hearings through the General
Plan Update/General Development Plan process.
We believe that within an additional 120 days, staff will be able to report back to the City
Council significant progress and be able to better specify the remaining steps and
timeframes.
RECOMMENDATION: That the City Council adopt the draft resolution extending for
an additional 120 days the deferral for the area comprised as Villages 8,9, and
10/University of Otay Ranch.
J:\planning\jim\COUNCIL AGENDA STATEMENT GPU Deferral.doc
:=,~ "
" .
RESOLUTION 2006-
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A 120-DAY
EXTENSION TO THE DEFERRAL OF THE
PORTION OF THE COMPREHENSIVE GENERAL
PLAN UPDATE COMPRISED OF FUTURE
VILLAGES 8,9,10/UNIVERSITY AREA OF OT A Y
RANCH.
WHEREAS, the City Council on December 13, 2005, approved the
Comprehensive Update of the General Plan with exception of that area comprised of
future Village 8,9, and 10/University (deferral area); and,
WHEREAS, in order to provide time to explore the feasibility of potential land
use changes with regard to sound planning principles, and to evaluate consistency with
the goals and objectives of the General Plan Update, it was deemed necessary to defer
consideration of land use designations and certain policies and objectives pertaining to
Villages 8,9, and 10/University of the Otay Ranch for a period of 120 days; and
WHEREAS, these efforts to refine the land use plans are still ongoing, and
additional time is needed in order to create a refined proposed land use plan fully
consistent with the goals ofthe General Plan Update.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby finds,
determines, and resolves as follows. That the portion of the comprehensive update of the
General Plan comprised of future Village 8, 9,IO/University is deferred for an additional
120 days from the effective date of this resolution in order to provide time to explore the
feasibility of potential land use changes with regard to sound planning principles, and to
evaluate consistency with the goals and objectives of the General Plan Update.
James D. Sandoval
Director of Planning and Building
Ci~~
Ann Moore
City Attorney
J:\planning\jim\resolution deferral gpu.doc
5-1-2
# ,"
COUNCIL AGENDA STATEMENT
Item
Meeting Date 04/11/06
o
ITEM TITLE:
Public Hearing - Consideration of an ordinance by the City of Chula Vista
City Council modifying Chapter 8.24.070 to allow for impounding of non-
franchise waste haulers' nuisance roll-off boxes and containers placed
within the City boundaries
Resolution Approving the addition of a "Daily Impound Rate"
to the Amended and Restated Solid Waste Franchise Agreement - Exhibit
G Rate Schedule.
SUBMITTED BY:
Ordinance Amending Chula Vista Municipal Code 8.24.070 to
include the abatement process for non-franchised waste haulers' nuisance
roll-off boxes and containers placed within the City boundaries
Director of General Services ~J}-,
/ J -:70
City Manager (I f' .f/ ^' (4/Sths Vote: Yes_NoL)
REVIEWED BY:
It is recommended that this item be continued to a future date.
M:\Genera1 Services\GS Administration\Council Agenda\Roll Offs - Mods to CV Muni Code 8.24.070\Continuation, 3-14-06.doc
(p-!
COUNCIL AGENDA STATEMENT
Item '7..
Meeting Date April 11 200S
ITEM TITLE:
PUBLIC HEARING: Regarding the Proposed Assessment of
Certain Delinquent Sewer Service Charges as Recorded Liens Upon
the Respective Owner Occupied Parcels of Land and Placement of
Delinquent Charges on the Next Regular Tax Bill for Collection
RESOLUTION Assessing Certain Delinquent
Sewer Service Charges as Recorded Liens Upon the Respective
Owner Occupied Parcels of Land (Group "A") and Approving
Placement of Delinquent Charges on the Next Regular Tax Bill
RESOLUTION Assessing Certain Delinquent
Sewer Service Charges as Recorded Liens Upon the Respective
Owner Occupied Parcels of Land (Group "B") and Approving
Placement of Delinquent Charges on the Next Regular Tax Bill
RESOLUTION Assessing Certain Delinquent
Sewer Service Charges as Recorded Liens Upon the Respective
Owner Occupied Parcels of Land (Group "C") and Approving
Placement of Delinquent Charges on the Next Regular Tax Bill
SUBMITTED BY: Director of FinancefTreasure~
REVIEWED BY: City Manager f ~ Y R
(4/5ths Vote: Yes _NoL)
In order to adequately protect the City's interest in delinquent sewer service charges and
insure that collection efforts are directed towards the responsible property owner in the
event of a change in ownership, staff is recommending approval for liens against affected
properties as a preliminary action to replacing the delinquencies on the property tax rolls if
they remain unpaid. Adoption of this resolution will enhance the collection process for
delinquent sewer service charges by ensuring that the correct property owners are
charged and that payment be received on a more timely basis. This is the identical
process approved by City Council since August 1998.
RECOMMENDATION:
That Council open the public hearing to consider assessing
delinquent sewer service charges as recorded liens on the
affected properties, consider all testimony and adopt the
resolutions overruling all protests and assessing these
charges as liens upon the respective owner occupied parcels
of land.
BOARDS/COMMISSIONS RECOMMENDATIONS: Not applicable.
7-1
Page 2, Item_ 7
Meeting Date April 11, 2006
DISCUSSION:
The Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer service
charges to be assessed as recorded liens upon the affected properties and ultimately
placed on the property tax bills for collection. The ordinance states that upon notification
of the property owners, a public hearing is set for sewer service accounts which are over
sixty days delinquent. At the hearing the City Council considers the delinquent accounts
together with any objections or protests by interested parties. At the conclusion of the
hearing, the City Council, may either approve the delinquency and amount owed on the
accounts as. submitted or as modified or corrected by the City Council. Lastly, the City
Council adopts a resolution assessing such amounts as liens upon the respective parcels
of land, and the amounts are charged to the property owners on the next regular property
tax bill.
Because charges can only be submitted for placement on the property tax bills once a
year in August, staff is recommending assessing liens on the affected properties midyear
as to better ensure the City's chances for collection. If the City were to address these
delinquent charges only once a year in August, the effectiveness of using the property tax
bill as a means of collection would be significantly reduced as the owners of record in
August would not necessarily be the people responsible for the delinquent charges. In
cases where the properties are sold or transferred, assessing liens midyear holds the
correct parties responsible for the delinquent charges. In cases where the property
owners choose to refinance their mortgages, the midyear liens would ensure the City
receiving payment in a more timely manner as the delinquent charges would be paid
through escrow during the refinancing process.
.
In November 2005, City Council approved liens for 42 delinquent sewer service accounts
valued at $10,700 to be forwarded to the County for collection on the next regular
property tax bill. Staff recently identified 237 owner occupied accounts totaling $65,400 as
being over 60 days delinquent and through preliminary collection efforts, 94 accounts
have been resolved, and the remaining 143 accounts valued at $40,300 are now being
submitted (listing available at the Finance Department). Many of these property owners
have gone through this lien process previously as they continue to leave their sewer
service accounts unpaid.
These property owners have been notified of their delinquencies, and last month, they
were notified of the public hearing and were asked again to pay their delinquent sewer
service charges to avoid a lien being placed on their property. Payment arrangements
will be set up as needed, and staff will continue to update this list as payments are
received and accounts are cleared. A final list will be submitted to the City Council at the
City Council meeting for consideration as soon as all payments are recorded.
7-2
~
Page 3, Item_ 7
Meeting Date April 11 , 2006
Staff is recommending that the City Council approve the final list of delinquent sewer
accounts as submitted, and that these charges be forwarded to the County and assessed
as liens on the respective owner occupied parcels of land and ultimately placed on the
next regular tax bill for collection.
FISCAL IMPACT:
By placing delinquent sewer service charges on the property owner's regular tax bill,
$115,000 in additional sewer fund revenues were collected in FY04-05. For FY05-06, an
estimated $120,000 in additional revenues should be realized using this collection
method.
7-3
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ASSESSING CERTAIN DELINQUENT SEWER SERVICE
CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER
OCCUPIED PARCELS OF LAND (GROUP "A") AND APPROVING
PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR
TAX BILL
WHEREAS, Chula Vista Municipal Code Section 13. 14.150 allows delinquent sewer service
charges to be assessed as liens upon the affected properties and ultimately placed on the property tax
bills for collection; and
WHEREAS, in November 2005, City Council approved liens for 42 delinquent sewer service
accounts valued at $10,700 to be forwarded to the County of San Diego for collection on the next
regular property tax bill; and
WHEREAS, staffhas identified 237 owner-occupied accounts totaling $65,400 as being over
60 days delinquent, a copy of which is on fIle with the City Clerk's office; and
WHEREAS, Section 13 .14.150 of the Chula Vista Municipal Code further authorizes the City
Council to hold a public hearing to consider the delinquency of solid waste service accounts, together
with any objections or protests by interested persons; and
WHEREAS, the respective property owners have been notified of their delinquencies and of
the public hearing regarding the assessment of delinquent sewer charges; and
WHEREAS, since charges can only be submitted for placement on the property tax bills once
a year in August, staff is recommending assessing liens on the affected properties midyear as to better
ensure the City's chances for collection; and
WHEREAS, adoption of this resolution will enhance the collection process for delinquent
sewer service charges by ensuring that the correct property owners are charged and that payment be
received on a more timely basis; and
WHEREAS, staff further recommends that the City Council approve the fmal list of
delinquent sewer accounts as submitted, and that these charges be forwarded to the County and
assessed as liens on the respective owner occupied parcels of land and ultimately placed on the next
regular tax bill for collection.
7-4
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
has considered and approves the November 2005 List of Delinquent Sewer Service Accounts, Group
"A," as submitted by City staff in connection with the public hearing on this matter (a copy of which
is attached to this Resolution).
BE IT FURTHER RESOLVED that the City Council has considered all objections and
protests raised at the public hearing, overrules those protests and objections and assesses the
delinquent sewer service charges as liens upon the respective parcels of land.
BE IT FURTHER RESOLVED that the City Council authorizes the City Manager, or his
designee, to take all action necessary to record these assessments with the County of San Diego for
placement on the next regular tax bilI for collection.
.
Presented by
Approved as to form by
Y!~ ~ to_~
Ann Moore
City Attorney
Maria Kachadoorian
Director of Finance
J:\attorneylreso\sewer\deliq sewer srvc chgs 2006 4 11 06 group A
.
.
7-5
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ASSESSING CERTAIN DELINQUENT SEWER SERVICE
CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER
OCCUPIED PARCELS OF LAND (GROUP "B") AND APPROVING
PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR
TAX BILL
WHEREAS, Chula Vista Municipal Code Section 13 .14.150 allows delinquent sewer service
charges to be assessed as liens upon the affected properties and ultimately placed on the property tax
bills for collection; and
WHEREAS, in November 2005, City Council approved liens for 42 delinquent sewer service
accounts valued at $10,700 to be forwarded to the County of San Diego for collection on the next
regular property tax bill; and
WHEREAS, staff has identified 237 owner-occupied accounts totaling $65,400 as being over
60 days delinquent, a copy of which is on file with the City Clerk's office; and
WHEREAS, Section 13.14.150 of the Chula Vista Municipal Code further authorizes the City
Council to hold a public hearing to consider the delinquency of solid waste service accounts, together
with any objections or protests by interested persons; and
WHEREAS, the respective property owners have been notified of their delinquencies and of
the public hearing regarding the assessment of delinquent sewer charges; and
WHEREAS, since charges can only be submitted for placement on the property tax bills once
a year in August, staff is recommending assessing liens on the affected properties midyear as to better
ensure the City's chances for collection; and
WHEREAS, adoption of this resolution will enhance the collection process for delinquent
sewer service charges by ensuring that the correct property owners are charged and that payment be
received on a more timely basis; and
WHEREAS, staff further recommends that the City Council approve the fmal list of
delinquent sewer accounts as submitted, and that these charges be forwarded to the County and
assessed as liens on the respective owner occupied parcels of land and ultimately placed on the next
regular tax bill for collection.
7-6
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
has considered and approves the November 2005 List of Delinquent Sewer Service Accounts, Group
"B", as submitted by City staff in connection with the public hearing on this matter (a copy of which
is attached to this Resolution).
BE IT FURTHER RESOLVED that the City Council has considered all objections and
protests raised at the public hearing, overrules those protests and objections and assesses the
delinquent sewer service charges as liens upon the respective parcels of land.
BE IT FURTHER RESOLVED that the City Council authorizes the City Manager, or his
designee, to take all action necessary to record these assessments with the County of San Diego for
placement on the next regular tax bill for collection.
Presented by
Approved as to fo= by
~ t{ h, ;;k-
Ann Moore
City Attorney
Maria Kachadoorian
Director of Finance
J :\attorneylreso\sewer\deliq sewer srve chgs 2006 4 11 06 group <f>
.
.
7-7
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ASSESSING CERTAIN DELINQUENT SEWER SERVICE
CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER
OCCUPIED PARCELS OF LAND (GROUP "C") AND APPROVING
PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR
TAX BILL
WHEREAS, Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer service
charges to be assessed as liens upon the affected properties and ultimately placed on the property tax
bills for collection; and
WHEREAS, in November 2005, City Council approved liens for 42 delinquent sewer service
accounts valued at $10,700 to be forwarded to the County of San Diego for collection on the next
regular property tax bill; and
WHEREAS, staffhas identified 237 owner-occupied accounts totaling $65,400 as being over
60 days delinquent, a copy of which is on fIle with the City Clerk's office; and
WHEREAS, Section 13.14.150 of the Chula Vista Municipal Code further authorizes the City
Council to hold a public hearing to consider the delinquency of solid waste service accounts, together
with any objections or protests by interested persons; and
WHEREAS, the respective property owners have been notified of their delinquencies and of
the public hearing regarding the assessment of delinquent sewer charges; and
WHEREAS, since charges can only be submitted for placement on the property tax bills once
a year in August, staff is recommending assessing liens on the affected properties midyear as to better
ensure the City's chances for collection; and
WHEREAS, adoption of this resolution will enhance the collection process for delinquent
sewer service charges by ensuring that the correct property owners are charged and that payment be
received on a more timely basis; and
WHEREAS, staff further recommends that the City Council approve the [mal list of
delinquent sewer accounts as submitted, and that these charges be forwarded to the County and
assessed as liens on the respective owner occupied parcels ofIand and ultimately placed on the next
regular tax bill for collection.
7-8
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista
has considered and approves the November 2005 List of Delinquent Sewer Service Accounts, Group
"C", as submitted by City staff in connection with the public hearing on this matter (a copy of which
is attached to this Resolution).
BE IT FURTHER RESOLVED that the City Council has considered all objections and
protests raised at the public hearing, overrules those protests and objections and assesses the
delinquent sewer service charges as liens upon the respective parcels of land.
BE IT FURTHER RESOLVED that the City Council authorizes the City Manager, or his
designee, to take all action necessary to record these assessments with the County of San Diego for
placement on the next regular tax bill for collection.
Presented by
Approved as to form by
-.<.1. ~ d", Lu_.,d:o
Ann Moore
City Attorney
Maria Kachadoorian
Director of Finance
J:lattorneylresolsewerldeliq sewer srve ehgs 2006 4 II 06 group C
.
7-9
COUNCIL AGENDA STATEMENT
Item :?
Meeting Date April 11 , 200S
ITEM TITLE:
PUBLIC HEARING: Regarding the Proposed Assessment of
Certain Delinquent Solid Waste Service Charges as Liens Upon the
Respective Parcels of Land and Placement of Delinquent Charges
on the Next Regular Tax Bill for Collection
RESOLUTION Assessing Certain Delinquent
Solid Waste Service Charges as Liens Upon the Respective Parcels
of Land (Group "A") and Approving Placement of Delinquent
Charges on the Next Regular Tax Bill
RESOLUTION Assessing Certain Delinquent
Solid Waste Service Charges as Liens Upon the Respective Parcels
of Land (Group "B") and Approving Placement of Delinquent
Charges on the Next Regular Tax Bill
RESOLUTION Assessing Certain Delinquent
Solid Waste Service Charges as Liens Upon the Respective Parcels
of Land (Group "C") and Approving Placement of Delinquent
Charges on the Next Regular Tax Bill
SUBMITTED BY:
RESOLUTION Assessing Certain Delinquent
Solid Waste Service Charges as Liens Upon the Respective Parcels
of Land (Group "0") and Approving Placement of Delinquent
Charges on the Next Regular Tax Bill
Director of FinanC~fTreasurer~~
City Manager 'f' ~ ?K
(4I5ths Vote: Yes _NoJL)
REVIEWED BY:
In order to adequately protect the City's interest in delinquent solid waste service charges
and ensure that collection efforts are directed towards the responsible property owner in
the event of a change of ownership, staff is recommending approval for liens against
affected properties as a preliminary action to placing the delinquencies on the property
tax rolls if they remain unpaid. Adoption of this resolution will enhance the collection
process for delinquent solid waste service charges by reducing the amount of
uncollectible losses and ensure that payment will be received on a more timely basis.
This is the identical process approved by City Council on a regular basis since mid- 2001.
RECOMMENDATION:
That Council open the public hearing to consider assessing
delinquent solid waste service charges as liens on the
affected properties, consider all testimony, and adopt the
8-1
Page 2, Item_ 6'"
Meeting Date April 11, 2006
resolutions overruling all protests and assessing these
charges as liens upon the respective parcels of land.
BOARDS/COMMISSIONS RECOMMENDATIONS: Not applicable.
DISCUSSION:
In November 1998, City Council amended Municipal Code Section 8.24 to eliminate
suspension of solid waste service for nonpayment. To ensure that all residents pay their
fair share of the costs of this program, the ordinance allows delinquent solid waste service
charges to be assessed as liens upon the affected properties and ultimately placed on the
property tax bills for collection. The ordinance states that upon notification of the property
owners, a public hearing is set for solid waste service accounts that are over ninety days
delinquent. At the hearing the City Council considers the delinquent accounts together
with any objections or protests by interested parties. At the conclusion of the hearing, the
City Council, may either approve the delinquency and amount owed on the accounts as
submitted or as modified or corrected by the City Council. Lastly, the City Council adopts
a resolution assessing such amounts as liens upon the respective parcels of land, and
the amounts are charged to the property owners on the next regular property tax bill. As
these amounts are collected, the monies are remitted to Pacific Waste Services less the
City's Franchise Fees, AB939 fees and late charges.
.
Because charges can only be submitted for placement on the property tax bills once a
year in August, staff is recommending assessing liens on the affected properties midyear
as to better ensure the City's chances for collection. If the City were to address these
delinquent charges only once a year in August, the effectiveness of using the property tax
bill as a means of collection would be significantly reduced as the owners of record in
August would not necessarily be the people responsible for the delinquent charges. In
cases where properties are sold or transferred, assessing liens midyear holds the correct
parties responsible for the delinquent charges. In cases where property owners choose
to refinance their mortgages, the midyear liens will ensure the City receiving payment in a
more timely manner as the delinquent charges would be paid through escrow during the
refinancing process.
In November 2005, City Council approved 311 delinquent accounts valued at $38,400 to
be placed on the property tax bills for collection. Since then, Pacific Waste Services has
identified and submitted an additional 1 ,328 delinquent accounts valued at over $165,400
to the city for collection. Through the City's preliminary collection efforts, 463 accounts
have been resolved, and the remaining 865 accounts valued at $126,900 are now being
submitted (listing available at the Finance Department). The account status and property
ownership on these accounts have been verified by both Pacific.Waste and City staff.
Many of these delinquent accounts have gone through the lien process before as they
continue to remain unpaid.
8-2
Page 3, Item_ ?'
Meeting Date April 11, 2008
These property owners were notified of their delinquencies through a series of past due
notices sent by Pacific Waste until they were ultimately submitted to the City for
collection. City staff also sent out a past due letter, and last month, these property owners
were notified of the public hearing and were asked to pay their delinquent solid waste
service charges prior to transmittal of the delinquent account list to the County to avoid a
lien being placed on their property. City staff has been working with Pacific Waste to
resolve any customer disputes as they arise and payment arrangements have been set
up as needed. Staff will continue to update this list as payments are received and
accounts are cleared. A final list will be submitted to the City Council at the City Council
meeting for consideration as soon as all payments are recorded.
Staff is recommending that the City Council approve the final list of delinquent solid waste
accounts as submitted, and that these charges be forwarded to the County and assessed
as liens on the respective parcels of land and ultimately placed on the next regular tax bill
for collection.
FISCAL IMPACT:
By using the property tax bill as the ultimate collection method for delinquent solid waste
service charges, approximately $279,000 was collected in FY 04-05. The same amount
is estimated for FY05-06. These funds are forwarded to Pacific Waste Services less the
city's Franchise Fees, AB939 fees and late charges. The city should realize an estimated
$22,000 in Franchise Fees, $5,500 in AB939 fees, and $165,000 in late charges for
FY05-06.
8-3
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ASSESSING DELINQUENT SOLID WASTE SERVICE
CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS
OF LAND (GROUP "A") AND APPROVING PLACEMENT OF
DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL
WHEREAS, the City of Chula Vista (the "City") has identified numerous properties within the
City that have received solid waste service but are over 90-days delinquent in paying for this service;
and
WHEREAS, Chula Vista Municipal Code Section 8.24 allows delinquent solid waste service
charges to be assessed as liens upon the affected properties and ultimately placed on the property tax
bills for collection; and
WHEREAS, the City has prepared a list identifying the properties for which solid waste
service payments are delinquent and a copy of that list is on me and has been provided and approved
by the City Council; and
WHEREAS, adoption of this resolution will enhance the collection process for delinquent
solid waste service charges by reducing the amount of uncollectible losses and ensure that payment
will be received on a more timely basis; and
WHEREAS, Section 8.24 authorizes the City Council to hold a public hearing to consider the
delinquency of solid waste service accounts, together with any objections or protests by interested
persons; and
WHEREAS, the City Council held such a public hearing on Aprilll, 2006, and the affected
property owners were properly notified of the hearing; and
WHEREAS, after holding that public hearing, the City Council approved the list of delinquent
solid waste service accounts on me with the City Clerk and determined that these charges should be
forwarded to the County, assessed as liens on the respective owner-occupied parcels of land and
ultimately placed on the next regular tax bill for collection.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
overrules all protests and assesses the delinquent solid waste service charges as liens upon the
respective parcels ofland (Group "A").
Presented by
Approved as to form by
'-CL~ tL ,~
Ann Moore
City Attorney
Maria Kachadoorian
Director of Finance
J:lattorneylresolsewerldeliq solid waste srve ehgs 2006 4 II 06 group A
8-4
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ASSESSING DELINQUENT SOLID WASTE SERVICE
CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS
OF LAND (GROUP "B") AND APPROVING PLACEMENT OF
DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL
WHEREAS, the City of Chula Vista (the "City") has identified numerous properties within the
City that have received solid waste service but are over 90-days delinquent in paying for this service;
and
WHEREAS, Chula Vista Municipal Code Section 8.24 allows delinquent solid waste service
charges to be assessed as liens upon the affected properties and ultimately placed on the property tax
bills for collection; and
WHEREAS, the City has prepared a list identifying the properties for which solid waste
service payments are delinquent and a copy of that list is on me and has been provided and approved
by the City Council; and
WHEREAS, adoption of this resolution wiIl enhance the collection process for delinquent
solid waste service charges by reducing the amount of uncollectible losses and ensure that payment
wiIl be received on a more timely basis; and
WHEREAS, Section 8.24 authorizes the City Council to hold a public hearing to consider the
delinquency of solid waste service accounts, together with any objections or protests by interested
persons; and
WHEREAS, the City Council held such a public hearing on April 11, 2006, and the affected
property owners were properly notified of the hearing; and
WHEREAS, after holding that public hearing, the City Council approved the list of delinquent
solid waste service accounts on me with the City Clerk and determined that these charges should be
forwarded to the County, assessed as liens on the respective owner-occupied parcels of land and
ultimately placed on the next regular tax biIl for collection.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
overrules all protests and assesses the delinquent solid waste service charges as liens upon the
respective parcels of land (Group "B")
Presented by
Approved as to form by
~~~~, ~,.. ~'56-
Ann Moore
City Attorney
Maria Kachadoorian
Director of Finance
J :\attorneylreso\sewer\deliq solid waste srve ehgs 2006 4 11 06 group B
8-5
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ASSESSING DELINQUENT SOLID WASTE SERVICE
CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS
OF LAND (GROUP "c" AND APPROVING PLACEMENT OF
DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL
WHEREAS, the City of Chula Vista (the "City") has identified numerous properties within the
City that have received solid waste service but are over 90-days delinquent in paying for this service;
and
WHEREAS, Chula Vista Municipal Code Section 8.24 allows delinquent solid waste service
charges to be assessed as liens upon the affected properties and ultimately placed on the property tax
bills for collection; and
WHEREAS, the City has prepared a list identifying the properties for which solid waste
service payments are delinquent and a copy of that list is on fIle and has been provided and approved
by the City Council; and
WHEREAS, adoption of this resolution will enhance the collection process for delinquent
solid waste service charges by reducing the amount of uncollectible losses and ensure that payment
will be received on a more timely basis; and
WHEREAS, Section 8.24 authorizes the City Council to hold a public hearing to consider the
delinquency of solid waste service accounts, together with any objections or protests by interested
persons; and
WHEREAS, the City Council held such a public hearing on April 11,2006, and the affected
property owners were properly notified of the hearing; and
WHEREAS, after holding that public hearing, the City Council approved the list of delinquent
solid waste service accounts on fIle with the City Clerk and determined that these charges should be
forwarded to the County, assessed as liens on the respective owner-occupied parcels of land and
ultimately placed on the next regular tax bill for collection.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
overrules all protests and assesses the delinquent solid waste service charges as liens upon the
respective parcels of land (Group "C").
Presented by
Approved as to form by
~~#V~,_~
Ann Moore
City Attorney
Maria Kachadoorian
Director of Finance
J:\attorneylresolsewer\deliq solid waste srve ehgs 2006 4 II 06 group C
8-6
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ASSESSING DELINQUENT SOLID WASTE SERVICE
CHARGES AS RECORDED LIENS UPON THE RESPECTlVEPARCELS
OF LAND (GROUP "D") AND APPROVING PLACEMENT OF
DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL
WHEREAS, the City of Chula Vista (the "City") has identified numerous properties within the
City that have received solid waste service but are over 90-days delinquent in paying for this service;
and
WHEREAS, Chula Vista Municipal Code Section 8.24 allows delinquent solid waste service
charges to be assessed as liens upon the affected properties and ultimately placed on the property tax
bills for collection; and
WHEREAS, the City has prepared a list identifying the properties for which solid waste
service payments are delinquent and a copy of that list is on fIle and has been provided and approved
by the City Council; and
WHEREAS, adoption of this resolution will enhance the collection process for delinquent
solid waste service charges by reducing the amount of uncollectible losses and ensure that payment
will be received on a more timely basis; and
WHEREAS, Section 8.24 authorizes the City Council to hold a public hearing to consider the
delinquency of solid waste service accounts, together with any objections or protests by interested
persons; and
WHEREAS, the City Council held such a public hearing on April 11, 2006, and the affected
property owners were properly notified of the hearing; and
WHEREAS, after holding that public hearing, the City Council approved the list of delinquent
solid waste service accounts on fIle with the City Clerk and determined that these charges should be
forwarded to the County, assessed as liens on the respective owner-occupied parcels of land and
ultimately placed on the next regular tax bill for collection.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
overrules all protests and assesses the delinquent solid waste service charges as liens upon the
respective parcels of land (Group "D").
Presented by
Approved as to form by
JL~ Ii ~LS';6-
Ann Moore
City Attorney
Maria Kachadoorian
Director of Finance
J :\attorneylresolsewer\deliq solid waste srve ehgs 2006 4 ] 1 06 group D
8-7
COUNCIL AGENDA STATEMENT
Item q
Meeting Date 04/11/06
ITEM TITLE:
Report on the Status of the Action Plan for East H Street and Otay
Lakes Road
Resolution Establishing the "Median Fence Installation along
Otay Lakes Road and East H Street," Capital Improvement Project TF-
342, and approving a budget transfer from the existing "Noise Study
for Properties in the Vicinity of the I-80S Corridor" (STM-353)
necessary to complete the median fencing project.
Resolution Accepting bids, awarding the contract, and
approving the form of the contract for the "Median Fence Installation
along Otay Lakes Road and East H Street" (TF-342) with San Diego
Fence Company, Inc.
SUBMITTED BY:
Acting Direct@.ofEngineering*
Police Chief ~
City Manager f{ ~ p g
(4/Sths Vote: Yes _X_ No-.J
REVIEWED BY:
At its meeting of October 25, 2005, the City Council directed staff to investigate ways to
enhance pedestrian safety at the intersection of East H Street and Otay Lakes Road. Per Council
direction, a preliminary Action Plan was provided within 30 days in a November 22, 2005
Information Item to Council. The Action Plan is based on input from speakers at City Council
meetings, suggestions from residents received since the accident involving a pedestrian fatality
and ideas generated by students who have participated in meetings on this topic since November
2005. This Agenda Statement summarizes the status of the items included in the November
Action Plan.
In addition, tonight Council will consider establishing a new Capital Improvement Project,
"Median Fence Installation along Otay Lakes Road and East H Street" (TF-342) and approving a
budget transfer in the amount of $50,000 from the existing "Noise Study for Properties in the
Vicinity of the I-80S Corridor" (STM-353) necessary for funding the construction of this median
fence. In addition, Council will consider accepting bids, awarding the contract, and approving
the form of the contract with San Diego Fence Company, Inc. for constructing this median fence.
RECOMMENDATION: That Council:
1. Accept the Report on the Status of the Pedestrian Safety Action Plan at East H Street and
Otay Lakes.
2. Approve the establishment of the "Median Fence Installation along Otay Lakes Road and
East H Street" (TF-342) Capital Improvement Project and approve a budget transfer from
9-1
a
Page 2, Item ----L-
Meeting Date 04/11/06
.
the existing "Noise Study for Properties in the Vicinity of the I-80S Corridor" (STM-353)
necessary to complete the project.
3. Accept bids, award a contract, and approve the fonn of the contract for the "Median
Fence Installation along Otay Lakes Road and East H Street" (TF-342) with San Diego
Fence Company.
BOARDS/COMMISSION: Not applicable.
DISCUSSION:
The following discussion presents the proposed actions as outlined in the staffreport provided to
Council on November 22, 2005 (see Attachment I). The status of the proposed actions is
presented below each action item in italics.
Short-term (iI;nmediate to within three months):
. The Chula Vista Police Department (CVPD) will increase random enforcement in the
area especially at peak hours. CVPD will provide data to the Engineering Department,
which will work with the school, and the City's Office of Communications to attempt to
publicize enforcement activity and results.
1. Police staff conducted a roving traffic enforcement around the entire area of
Bonita High School to increase public awareness of pedestrian and vehicular
traffic safety. Thirteen citations and one written warning were issued. Six of the
citations were pedestrian violations. Five were for red light violators and two for
speeding. The Police Department plans to conduct several other traffic
enforcement days as time permits.
2. Sergeant Juan Cervantes's staff (Chula Vista Police Department) is preparing an
educational video to heighten student awareness about the dangers of jaywalking
and the penalties for violating the law.
3. The Police Department will provide Bonita Vista High school with monthly
statistics of violators, which the students can incorporate into the daily
announcement and student newspaper.
. Pedestrian push button sign upgrades and pedestrian indication count-down timers will be
installed so that pedestrians have a sense oftime remaining for street crossing.
1. Push buttons and pedestrian indication countdown timers were installed in
December 2005.
.
. Additional mid-block pedestrian barriers will be installed at those locations where
jaywalking is occurring in an attempt to discourage the behavior.
1. Additional mid-block pedestrian barriers were installed in December 2005 at
selected locations where jaywalking is occurring.
.
. The Engineering Department will begin stakeholder discussions regarding the possibility
of installing median fencing in the area to discourage jaywalking.
1. As permitted by the City of Chula Vista Charter Section 1009 ("Contracts on
Public Works ''), the Engineering Department requested bids from three reputable
contractors (specializing in this type of installation) without formal
9-2
Page 3, Item 3-
Meeting Date 04/11106
advertisement, since the project cost was estimated to be below $50,000. The
scope of work included the installation of median fences along Otay Lakes Road
between Canyon Drive and Ridgeback Road and East H Street between Otay
Lakes Road and Baron Place. The fences will be green color vinyl coated chain
link that will blend better with the existing median landscaping. Attachment 2
shows the locations, lengths, and heights of the proposed fences. Following are
the three bids submitted for the subject project.
American Fence South Bay San Diego Fence
Company Fence Inc. Company
Bid Amount $69,986.00 $51,171.65 $43,719.91
'Based on these bid results, staff recommends awarding this contract to San Diego
Fence Company in the amount of $43, 719.91. It should be noted that tonight
Council would only be approving the form of the contract with San Diego Fence
Company. The proposed resolution authorizes the Mayor to approve the final
form and to execute such document on behalf of the City following review by and
consultation with the City Attorney and Director of Engineering.
Tonight, Council is also considering authorizing the transfer of $50,000 of the
remaining balance of CIP Project STM-353 ("Noise Study for Properties in the
Vicinity of the 1-805 Corridor") for fUnding the installation of this median fence.
Ofthis amount, $43,719.01 will cover the contractor's cost, while the remaining
$6,280.09 will be used to cover contingencies and staff costs. A new CIP Project,
TF-342 " Median Fence along Otay Lakes Road and East H Street" has been
established in order to proceed with the proposed fencing project.
In FY 2004/2005, $75,000 was budgeted in STM-353 in order to perform sound
wall studies in the 1-805 corridor area. The current Direct Access Ramp (DAR)
Project being administered by CALTRANS and SANDAG provides for all
technical studies required for this regional project (including sound wall studies);
therefore, $50,000 of the originally allocated funding can be diverted to this
higher priority at this time.
Disclosure Statement: The Contractor's Disclosure Statement is provided as
Attachment 3.
Environmental Status: The Environmental Review Coordinator has reviewed the
proposed project for compliance with the California Environmental Quality Act
(CEQA) and has determined that the project qualifies for a Class 1 categorical
exemption pursuant to Section 15301 of the State CEQA Guidelines. Thus, no
further environmental review is necessary.
Conflict of Interest: None of the Council members owns a property within 500' of
9-3
Page 4, Item ~
Meeting Date 04/11106
the subject project.
. The Engineering Department will investigate the possibilities with CVPD and the school
to "stack" enforcement related to jaywalking. Per student recommendation, CVPD
would contact the parents of students cited for jaywalking and the school would impose
suspension for repeated violations. Preliminarily, it should be noted that this approach
would require identification of additional funding and personnel for CVPD due to the
significant resource requirement and has yet to be discussed with the school.
1. Staff met with Cesar Canizales, SUHSD Student Services Safe-School/Truancy
Department Program Manager, and Sergeant Juan Cervantes to discuss an
educational outreach program and to detail an educational notice that will be
sent out to parents to inform them of the dangers of jaywalking and legal
penalties of doing so.
. Consideration of public input and a signage and striping review of the area will be
complete by early calendar year 2006. All approaches will be reevaluated for increased
signage, including signs that state the fine for jaywalking and vehicles blocking the
intersection.
1. Consideration of public input and a signage and striping review of the area was
completed by early 2006. All approaches have been reevaluated for increased
signage, including signs for jaywalking and vehicles blocking the intersection. A
total of 11 "DO NOT BLOCK INTERSECTiON" signs have been installed at all
approaches to the subject intersection, the intersection of Otay Lakes Road and
Bonita Pointe Plaza, and the intersection of East H Street and Baron Place.
. Installation of flashing beacons, revised "25mph When Children Present" signs in lime
green (per student suggestion), if possible, will be discussed with school administration
for possible installation within the next four to 18 months depending on cost and
complexity.
1. Several "25 mph When Children Present" signs have been already added.
2. Staff is gathering cost information for installing hardwired flashing beacons as .
part of the approved CIP Project STM-355 "Otay Lakes Road Widening, East H
to Canyon Drive. "
Mid-Term (three months to within one year):
. Given the public input regarding vehicle red light infractions, this intersection will be
evaluated as a pilot location for installation of a red light camera. City staff is working
with other agencies that have red light cameras to gain information on the benefits,
drawbacks, and costs.
1. The Police and Engineering Departments are jointly researching and
interviewing several red light camera enforcement consultants to determine the
feasibility of installing these systems within our City. Research thus far indicates
that these systems have evolved over the recent years to better protect the public
agency from the negative fiscal and legal impacts that had previously caused
these systems to be publicly and politically criticized. Upon completion of staff's
research, a report will be presented to Council with staff's recommendation
9-4
Page 5, Item C;
Meeting Date 04Ji1'/06
regarding installing red light camera systems in the City, including associated
estimated costs. Staff anticipates returning to Council with a recommendation
within the next two months.
. The Engineering Department will work with the Police Department, School District,
Local Merchants and the City's Grants Development Manager to investigate funding
opportunities for increased enforcement and engineering projects (e.g., pedestrian
bridges, traffic roundabout, etc.).
1. This action item will be pursued once specific, larger scale recommendations
have been identified through the consultant work noted below. Additionally, it is
our understanding that Congressman Filner's Office is seeking to appropriate
funding that could be used for future safety enhancements in this area.
· A consultant will be secured to evaluate several of the longer-term options that address
both pedestrian safety and traffic calming including pedestrian bridge(s), traffic
roundabout (for traffic calming), intersection realignment, and/or other design elements.
Upon completion, recommendations and funding implications will be presented to the
City Council for consideration.
1. Staff has completed a request for proposal (RFP) for hiring a civil engineering
consultant and plans to utilize the As-Needed list approved by Council at its
March 7, 2006 Council Meeting assuming there is a consultant with this specific
area of expertise.
· The Engineering Department will provide support to the school (if desired) to revise
parking lot design induding pedestrian drop offi'pick up issues to address student
concerns.
1. School Officials have indicated a preliminary interest in securing the support of
the Engineering Departmentfor parking lot design.
· Although not included in the November Action Plan, based on student and resident input,
all approaches to the intersection will be studied for modification to a "No Turn on
Red" during school hours.
Long-Term (more than one year):
· Possible construction changes potentially induding pedestrian bridge(s), traffic
roundabout, intersection realignment, and/or other design elements. It should be noted
that enhancements of this type would be the most complicated and most costly thus
requiring the identification of additional funding sources.
1. At the conclusion of the consultant study, recommendations on possible
construction changes to the intersection, potentially including pedestrian
bridge(s), traffic roundabout, intersection realignment, and/or other design
elements, will be brought forward to Council. It should be noted that
enhancements of this type could impact service level thresholds; the consultant's
work will include an attempt to quantify any service level reductions so that these
impacts can be considered as part of any recommended changes. The Otay Lakes
9-5
Page 6, Item l
Meeting Date 04/11/06
Street widening project does not impact the subject intersection, only the
approaches within several hundred feet of the intersection.
FISCAL IMPACT: Approval of the proposed resolution will transfer $50,000 from STM-353
(sound wall study) to TF-342 (median fencing). The current balance in STM-353 is sufficient to
allow this transfer. Please note that another item on tonight's agenda proposes transferring
$50,000 from the remaining balance in STM-353 (sound wall study) to CIP Project TF-343 in
order to fund the installation of a streetlight at the southwest comer of Brandywine A venue and
Ingram Street. An information item provided with this week's Council Agenda packet provides
additional background on STM-353, "Noise Study for Properties in the Vicinity of the 1-805
Corridor Project."
In addition, staff is proceeding with utilizing the As-Needed consultant list to select a consultant
for studying the feasibility of major improvements at the subject intersection (i.e., pedestrian
bridge, traffic roundabout, etc.). The fiscal impact for conducting this study is estimated at
$100,000 ($75,000 for consultant and $ 25,000 for staff cost), with funding yet to be identified.
There is no impact to the General Fund
Exhibits:
1) City Councillnfo Item (November 22,2005)
2) Proposed median fence
3) Disclosure Statement
4) Form of the Contract with San Diego Fence Company
.
.
9-6
I!XHTBIT
0lY OF
CHUlA VlSfA
ENGINt:t:KINl:i Ut:"'AK I NlENT
INFORMATION ITEM
November 22, 2005
File No: 01l0-10-LY020
TO: Honorable Mayor and City Council
VIA:
David D. Rowlands, Jr., City Manager
11 ~ 7R
FROM:
Alex Al-Agha, City Engineer ~ ()
Chief Richard P. Emerson, Chula Vista Police Departmen~
SUBJECT:
Pedestrian Safety at East H Street and Otay Lakes ~oad
At its meeting of October 25,2005, the City Council directed staff to investigate ways to increase
pedestrian safety at the intersection of East H Street and Otay Lakes Road due to the tragedy of a
high-school-aged pedestrian fatality that occurred the day before. This accident involved a
pedestrian northbound across the east leg of the intersection and a westbound vehicle in the
westbound through lane. Preliminary accident investigation info=ation indicates that the student
may have crossed against the light and that vehicle speed was not a factor (see Attachment 1).
This memorandum provides general background info=ation, as well as a range of possible short-
term, mid-te= and long-te= enhancements. Many of the potential enhanc=ents were provided by
speakers at the October 25,2005 City Council meeting and concerned residents who called in with
suggestions, but they are primarily the result of dialogue with Bonita Vista High School students
who have thus far met with staff on November 9,2005 and on November 18,2005 to share their
observations, experiences and ideas.
Backe:round
The East H Street and Otay Lakes Road intersection is fronted with Bonita Vista High School on the
northeast comer, shopping centers on the southeast and northwest comers and an undeveloped parcel
owned by Southwestern College in the southwest comer (see Attachment 2). The intersection was
originally signalized in 1980 and all legs of the intersection have yellow crosswalks designating the
area as a school zone. The most current intersection data shows entering vehicle volumes of about
61,900 per day (fifth highest citywide compared to a high of69,900 vehicles entering East H Street
and Hidden Vista Drive). Data regarding pedestrian use show peak hours being about 7:00 a.m. and
3 :00 p.m. at all crossing points in the area ranging fi'om a high of 497 pedestrians at 3 :00 p.m. in the
area to a low of22 at 5:00 p.m. (see Attachment 3).
As traffic and pedestrian use has increased over the years, there has been an increase in the overall
number of vehicle accidents. This intersection ranked 24th overall for vehicle incidents involving
9-7
Honorable Mayor and City Council
East H Street and Otay Lakes Road
November 21,2005
Page 2 of4
-injuries-ih~004. - Since 1998, there have been three reported pedestrian involved accidents (2002,
2003, 2004) with no visible injuries resulting. Two' of the three pedestrian accidents were attributed
to pedestrian violations. In 2000, there was one reported bicycle-involved accident (2000) with the
bicyclist showing no visible injuries.
The average vehicle accident rate for the last three-years at this intersection is 0.428 accidents per
million vehicles entering the intersection and is just lower than the statewide average of 0.43 for
urban areas. (Accident rates are calculated as three-year averages to permit like comparison to the
state average, which uses a three-year approach).
This intersection is regularly evaluated for safety and has received several upgrades and
modifications over the years to address these issues. The most recent major upgrade, in 2002,
included upgrading the complicated signal timing system to allow it to "adapt" automatically to
fluctuations in traffic at this location.
Discussion and Possible Enhancements
The East H Street and Otay Lakes Road intersection currently meets engineering standards and, as
noted above, the average vehicle accident rate is just lower than the statewide average for urban
areas. Therefore, implementation of any additional ideas would represent enhancements above
standard engineering approaches.
The following list of possible enhancements includes input trom speakers at the October 25, 2005
City Council meeting, suggestions trom callers received since the accident and ideas generated by
students who participated in a meeting on November 9,2005 (see Attachment 4).
Overall, the most popular suggestions were:
1. Significantly increased enforcement activity targeted at both vehicles violating speed and red
ligbt laws, as well as jaywalking; using the school newspaper and Union-Tribune, if possible,
to advertise increased enforcement efforts and results;
2. Revised signage including flashing beacons placed well in advance of entering the high
stimulus intersection area; and
3. Construct pedestrian bridges providing the most convenient access to the locations students
are trying to get to (i.e., restaurants).
The following outlines poten~al enhancements according to broadly estimated timetrames:
Short-term (immediate to within three months):
. The Chula Vista Police Department (CVPD) will increase random enforcement in the area
especially at peak hours. CVPD will provide data to the Engineering Department, which will
work with the school, and the City's Office of Co=unications to attempt to publicize
enforcement activity and results. .
9-8
Honorable Mayor and City Council
East H Street and Otay Lakes Road
Nov=ber 21, 2005
Page30f4
. Pedestrian push button sign upgrades and pedestrian indication count-down timers will be
installed so that pedestrians have a sense of time remaining for street crossing.
. Additional mid-block pedestrian barriers will be installed at those locations where
jaywalking is occurring in an attempt to discourage the behavior.
. The Engineering Department will begin stakeholder discussions regarding the possibility of
installing median fencing in the area to discourage jaywalking.
· The Engineering Department will investigate the possibilities with CVPD and the school to
"stack" enforcement related to jaywalking. Per student recommendation, CVPD would
contact the parents of students cited for jaywalking and the school would impose suspension
for repeated violations. Preliminarily, it should be noted that this approach would require
identification of additional funding and personnel for CVPD due to the significant resource
requirement and has yet to be discussed with the school.
. Consideration of public input and a signage and striping review of the area will be complete
by early calendar year 2006. All approaches will be reevaluated for increased signage,
including signs that state the fine for jaywalking and vehicles blocking the intersection.
. Installation of flashing beacons, revised "25mph When Children Present" signs in lime green
(per student suggestion), if possible, will be discussed with school administration for
possible installation within the next four to 18 months depending on cost and complexity
Mid-Term (three months to within one year):
· Given the public input regarding vehicle red light infi:actions, this intersection wilr' be
evaluated as a pilot location for installation of a red light camera. City staff is working with
other agencies that have red light cameras, to gain information on the benefits, drawbacks,
and costs.
. The Engineering Department will work with the Police Department, School District, Local
Merchants and the City's Grants Development Manager to investigate funding opportunities
for increased enforcement and engineering projects (e.g., pedestrian bridges, traffic
roundabout, etc.).
· A consultant will be secured to evaluate' several of the longer-term options that address both
pedestrian safety and traffic calming including pedestrian bridge(s), traffic roundabout (for
traffic calming), intersection realignment, and/or other design el=ents. Upon completion,
recommendations and funding implications will be presented to the City Council for
consideration.
. The Engineering Department will provide support to the school (if desired) to revise parking
lot design including pedestrian drop offlpick up issues to address student concerns.
Long-Term (more than one year):
· Possible constiuction changes potentially including pedestrian bridge(s), traffic roundabout,
intersection realignment, and/or other design elements. It should be noted that enhanc=ents
of this type would be the most complicated and most costly thus requiring the identification
of additional funding sources.
9-9
Honorable Mayor and City Council
East H Street and Otay Lakes Road
November 21, 2005
Page 4 of 4
Related Next Steps
The City Council appropriated $140,000 in the FY2006/2007 annual budget for the creation of a
Neighborhood (Traffic) Safety Program (NTSP). The intent of the program is to emphasize the three
"E's" of traffic safety (Education, Engineering and Enforcement) to accomplish the following:
.
1. Reduce the number of collisions within intersections;
2. Improve pedestrian safety and vehicular circulation adjacent to schools; and,
3. Improve pedestrian safety and vehicular circulation adjacent to schools.
Approximately 67 of the total 1,6501 reported motor vehicle involved collisions in the city in 2004
involved pedestrians. About 34%, or 23 of the 67 a total of pedestrian involved accidents, were
attributed to pedestrian violations. About 46%, or 31 of the 67 pedestrian involved accidents,
involved pedestrians 19 years or younger. This statistic reinforces the importance of pedestrian
education and outreach, especially for those 19 years old and younger.
Staff is currently researching best-in-class programs and designing a preliminary framework for an
NTSP customized to address our City's unique characteristics and needs. Initial indications. are that
Chula Vista's program will be unique in that it will broaden the traditional scope of an NTSP, which
typically focuses on tightly defined, residential areas, to include high volume co=ercial-type areas.
Stafflooks forward to bringing NTSP program recommendations forward in the summer of2006.
Attachments:
1. San Diego Union-Tribune Article dated November 16, 2005
2. Aerial Plat
3. Pedestrian Counts, Area of East H Street and qtay Lakes Road
4. Bonita Vista High School Student Discussion Highlights (November 9,2005)
.
l:\Enginecr\lnfo Items\lnfo item East H StTeet Omy Lakes Road.doc
I It is estimated that this number contains approximately 183 minor accidents that no=ally wouldEnot be included in tracking numbers from other cities. The City recently expanded its tracking
criteria in ord~~_~o rIlore_~y ur:derstand frequency and accident type.
9-10
THE SAN t>/E"qo
W€bAJE'SD,4y
UNIO,u - TI<I'i3U.WE
NOIIEK~ I~ 2ocs-"
, ,. .
-
ATTAo-tI1eNT ~
An unidl!rrtJfled Banrb Vlsb High Schaal stud.nt walbd -In the crOsswalk - acrass tbe tntarnctlan 01 East H Str..t and Otay liIIkes Raiild un Manday.
-It's the same are. where student Joshua Dentan WilS killed em Oct. 24 as he he/ldad to iI Bible class before: schooL H~Lipinl ~TribuN:
Comer No.2 in accidents
~"!-
Safety measures are urge'a:'
where high schooler was killed
. ,
By Mark Arner, STAFFW1'lIT~
C. HUlA VISrA- when a high schaol student
WiIS bit and kiJledm 3.atlsswaIk: atEastH
. S"".'m<J OtayUkosRcadlastmanth, tho
ward au the stn:et"W3Sthe: busy ~edion em be
a cightrnare.
SOotisIkaI!r, aU....;" 2004. those ~'"
werm'tfarafi. It Wid thesecon~~eraf
accident:3 citywide, otfidals said. " : .;
Since the Oct, 24 ap:ident, the" Chula. VlSta City
Coundl has asked. traific enp.eers to suggest: a
plan within 30 d6ys to improve safety there..
Fours schools and ac:nDege ar-e nearby, indud.
mil Boni1;a VlStaHigh School. where 16-yeaMld
JoshuaDentDn"WaS astud~
Denton had been wa1kini north an Otay Lakes
Road with afriend at. 6:.lS a.m. when he wu :bit Cy a
carheadedwestonEastHStred:.
The cause afthe accidmt remains under ilrn:sti-
gaiion. butpoIic:e said1aStweekthatitappea:red the
1z= had crossed ....... tho Bght.
"At this point, based 0t1 "9rit:ness statcneats. e"/'.
err indication ii 'tnat (DenteD) ran agaimt: a red
Jight," oaid Sgt.JoJmMUllch, who heads 1f1e Police
Dopartmonr.tIofficdmsion.
He said the speed of the ca:rwas net afactDr.
SEE IntersKtIDn. B4
:~:, .
,.
TOP S INTERSECT1DN COLUSIDN LCCATIDNS TOP 5 ,t;aLUSIDNS WITH IN.JURY LDCATIONS
IDbrSlctJan Calltsllns. lntlrnct!lIIn CIUlIiIllRS
03rd Annul! and H Stre~t . 15 Med1c!l1 CenterDrIvI! and Medll:al Center Caurt" ,
CDOtav Lake Read and East H Str~t 13 01 ic par1twa &. 1.;a Media Raad 8
Bl"tladwil &HStreet . 12 8PBI!aDelRev&.EastI:lSb:ftt B
J Tele 1"1 II Cin n Read &. eta Lakes Read 12 3nJ AvtnulI! &. L Street 8
8E Strl!et & Bruadway 12. Cernl Ca Raad &. East H Street 7
GPUI!Q RandleI'!) &. E.ast H Strut 1
saUl'lCf: CIIIIa VbItI EIuIlnurlnq a.,.mr.rd:
PAUL HORIt! Um-Trlbanl
._~"
9-11
"'- --- -.--
.. --- ..
ercu,s, with many people run-
Iring the red lights, and swing-
ing . around comer.> without
looking, let alone' stopping,"
J acqueline Waterworth wrote
In an Oct. 25 e-mail to The San
Diego .Union- Tn7nme. '"It is
time to make the commute to
school safer for all the sm-
, PoIk~ t.rgeted 'that section dents' and the co=UDi1y as a'
. of East H Slreetfor a special whole."
traffic detajJ. dUIing the sum- LeW Browder, deputy dI-
mer because it had received so rector of the traffic engineer-
many citizen complaints about log division, said one sugges-'
speeding, officials said. tion being' considered is to
One ChuJa VISta resident re- install severalJarge "Children
called, a day after Denton's Present" signs with fie.ning
d~ath, how. many people had lights. '.
. ralsed concerns about the In- Other proposals are to build
tersection and the risks stu- pedestrian bridges, and to in-
dents face when crossing. stall chain-link fences on road
__ _' 'The junction at. H Street c medians to block jaywalkers, .
and Otay Lakes Road is treach-: she said. .
..-INTERSECTION
CONTINUED FROM PAGE B,
Proposals for
safety include
bridges; fences "
Speeding tickets
DUring August and September
2005, Chula Vista police officers
wrote 311 citations. Here are the
,tot> five locatians: .
Block Citations
1600 East H Street 80
1000 Olympic Parkway .38 '
2200 East Ii Street 16
. 800 Main Street 9
300 3rd A.venue 9
. SOURCE: Chula Vlsta\Police Depl:.
UNION- TRlaU~E
According to city statistics
for 2004, of 67 accidents inVolv-
Ing pedestrions. the pedestri-
ans were found to be at fault
about one-third of the time.
Nearly h.aif of all the victims
were 19 or y<?\IDger,
. In July, the'City Council au-
thorized citywide plan:s to cre-
ate a Neighborhood Troffic
Safety Program at an estimat-
ed cost of $140,000. It is schod-
uI.ed tf. begin' early next. year
WIth a renewed emphasis on
the three E's.of trnffic safety:
Education, Engineering and
. Enforcement"
Browder said the progrmn
will reco=end safety. en-
hancements at priority loca,
tions throughout the city. '
The goals wiJ! be to reduce
collisions in intersections, im-
prove pedestrian safety near
schools, and reduce accidents
Involving pedestrians and bicy-
clists. '
Frank I<iVera, director or the
lraflic division, said the city
plaD.s to widen a half-mITe sec-
tion of _Otay Lakes Road.
..- ROSE
CONTINUED FROM PAGE B\
Grave. went
unmarked
f9r' 'decades
.. , . . \' ~
figure - the daughter of a San
Diego pioneer -who' affected
the Jiiie'S or So many,".. .
A Jewish memorial service
and grave~toJl...~iling will
be at 10 ,;;,m: toi:Iay- at Mount
~ope. It',-}S;'a ceremony trad1-
tionaIlyheJd "year after. burial
giving fafuily time to m6Urn. '
:50 We~te a few years ,late,"
qwppeq Donald Hamson, a
co-founder of the Rose society
and the author of a book about
Locis Rose. '. '...., ." . . .
It was Greene ~d Harris6n
who tracked down Henrietta's
gI-ave ;;vhile researclring her
father'~ life in San Diego.
. And it turns ou~ through ~
series of random eveIits, that
Rose is buried about a quarter-
mile and within sight of her
father's. graVe at the adjacent
Home 'of Peace cemetery.
No one would have known
that had Greene and Harrison
not pulled old cemetery re-
cords dUIing their res.iarch.
The Rose society recruited
the San Diego UDified School
District, the San Diego.Educ:>-
tion Association and the Order
of the ,~ Star, a Masonic
----_._-~-- ~-- ----- ...-
proclab+1ed historian, was ea-
ger to help the .effort and lob-
bied to get the San Diego Uni-,
fled School District logo on the
gravestone, .
"I was attending San Diego
schools when Henrietta
taught I Was surPrised that
she was., In an unmarked
grave," de Beck said. "If you
think about it, she probably
directly Influenced more peo-
ple than her father did."
Louis Rose came to San Die-
go from'GerI;tany via New Or-
leans and Texas in 1850. He
was a member of the City
Board of Trustees and the fu&
County Board of SupervisorS.
A. rival to Alonzo Horton,
Rose bought up key properties
In Old Town and along the
bay. He was barikIng that
Roseville would become the
center of 'San Diego. Of
course, Horton's plan to !level-
op the current downtown pre-
vailed.
Despite their competing de-
velopment efforts, Rose and
Hartol). cooperated to lure a
'rajJroad to San Diego.
"Scme people call Horton
'the father of San Diego,. if
that's so, we suggest that Lou-
is Rose was the uncle," Harri-
son said. .
Louis hac! several successes
and failures In his business
ventures. And he experienced
tragedy at home.
Shortly after Louis Rose
married Matb.i1de Newman, '
their fu& daughter dI~ .
fancy. Henrietta was t!om t
~ __ .. 'II" ,-"_!'I~_ ';!~_.:f 4.1..___
SchooL DUIing her 45-year
teaching career In San Diego,
, she taught at the fonner Mid-
dletown Elementary, Sherman
Elemenl:ar1 and Roosevelt Ju-
nior High schools.
She was the first teacher as-
signed to the former R,oseville
Elementary :School thaI was
nan).ed for her father, who died
In 1888.
Henrietta. vyas a' "past wqr-
thy matron" of one of San Die-
go's fu& Eastern Star Chap-
ters. She was krlown by
students and coneagues .for
her near-perfect handwriting.
Retired developer and insur-
ance man Richard Levi is a
former student of Henrietta's
and plans to attend today's me- .
moria!.
"It was my first year of ju-
nior hgh school and she was
one of the teachers I remem-
ber. IntereStingly, she was also
my father's teacher in elemen-
tary school," sai~ Levi, 88, who
lives near Mission Bay, ''1 was
amazed she wasn't in a family
plot In a Jewish cemetery."
'- It's unclear exactly what
happened to the Rose family
. plot '
Louis Rose was bUried in
1888' at a former cemetery
near Midway..After that prop-
erty was sold, the bodies were
transferred to Home of Peace
Cemetery,. now home' to the
Louis Rose gr.<ve. But the
gr.i;ves of his wife and infant
daughter never made it to
Home of Peace. '.
"I sUspect they lost them In
..'1..... o.-_",+_",u~,=,,.,,., <:!":I;ri
practice of the Lymon family
not.to mark their graves.
Henrietta was active in civic
organizations and in .the Ma-
sonic Lodge, She outlived
most of her family and friends.
Some suspect she remained
single because she had finan-
cial independence as the sole
heir to her father's fortune.
Although buried without so
much as a headstone, Hemiet-
ta is In what Harrison calls
"prime cemetery real estate'"
near the graves of Horton, ho~-
ticultuiist Kate Sessions and
other d1g:aitaries.
At today's ceremony, educa-
tors and Masonic representa-
tives will sPeak about He,ariet-
ta.
As will' a former student,
who will offer reminiscences
abqut the former Eng1ishand
Spanish teacher who renred in
1940. Rabbi Scott Meltzer of
Obr Shalom Synagogue. will
lea!! a traditional Jewish me-
morial prayer,EJMoleh Ra-
rnmTI;m
The delayed memorial is
pemaps an appropriate re-
minder of her father's favorite
saying, usually applied to the
development of San Diego:
just wait awhile and you will
see." .
Moor_en Magee: (619) 293-1369;
maureen.maqee@uniontrib.c:om
Driver faints, hits
:;t II!a;IJd ,; vphidp~
~
~
5
@
~
~
@
~
~
~.
ATTACHMENT 3
Pedestrian Counts
Area of East H Street and Otay Lakes Road
Pedestrian counts were conducted at all approaches at the intersection on Tuesday, October 4th
and Wednesday, October 5th, 2005. The results are su=arized below.
Hour be . at: 7:00a.m. 8:00 a.m. 3:00 p.m. 4:00 p.m. 5:00 p.m. TOTAL
E.H Street & 77 20 128 80 3 308
Otay Lakes Road
Bonita Point Center & 271 52 123 22 9 477
Otay Lakes Rd.
Canyon Dr./Ridgeback 66 42 246 9 10 373
Rd. & Otay Lakes Rd.
HOURLY TOTAL 414 114 497 III 22
9-14
ATTACHMENT 4
Bonita Vista High School
Student Meeting Discussion Highlights
Weds, November 9, 2005
DriverN ehicle Behavior
. The worst time begins about 6:45 a.m. with the push to get to first period. There is a
significant peak-just three minutes can make a huge difference.
. Vehicles run red lights.
. Cars block the intersection because have attempted to make the green light a missed it, so
lines of stopped traffic overflow into the intersection.
. Cars try to push into the turn lanes; particularly bad turning right onto Otay Lakes (north)
from H where the three lanes drop down to two lanes. Also bad where cars turn right
(east) onto H from Otay Lakes where three lanes drop to two. Have lots of cars doing a
U-turn on Otay Lakes South to go North to get into school's south parking lot combined
with all the cars turning right from H onto Otay Lakes (North) to go to the school's
parking lots.
· Cars trying to U-Turn on Otay Lakes Road North, vehicles with a red light for right hand
turn from H onto Otay Lakes Road North don't look or wait and run into U-Turners.
. Cars also overflow into the intersection from all directions where they have tried to get
through the green/yellow left turn arrows and gotten caught.
. All the overflowing cars causes a problem because the students get the ped lights saying
go, but can't get through the cars.
. Cars turning right (west) from Otay Lakes onto H do not stop at the limit line and block
the crosswalk.
. Light timing at Baron Way doesn't change for people waiting to turn left into the parking
lot from H or for people leaving the parking lot trying to turn left onto H.
. At comers where three lanes go to two, vehicles will floor it before the lane runs out to
try to get in front of a slower moving vehicle in the lane next to them.
Student Drop-Off Issues
. Cars dropping off students don't go far enough forward in either the South or North lots
creates vehicle overflow into Otay Lakes.
Pedestrian Issues
. Student jaywalking is a significant issue. They jaywalk both for convenience (closer way
to get to where they want to go and/or don't want to suffer through the long wait at the
signal) and/or because it's fun.
. Some try to get a head start off the curb before the walking hand comes up.
. Near Blockbuster the hand changes when going toward soccer field, but hand going
toward canyon doesn't change.
. Can't even step off the curb when cross from school to Carl's Jr. (W on East H) before
Hand starts flashing. Afraid can't get across before light turnS.
9-15
Parking Lot Issues
· When trying to exit out of south parking lot (Baron Way) onto H, parking lot design
creates chaos. Like eight lanes merging into one = parking lot chaos.
. Large student lot (NE) closed for construction, heightens issues at South parking lot.
Only see about two construction vehicles using the closed lot, can it be reopened?
· The speed bumps in the south parking lot are really high; car bottoms out no matter how
slow going.
· The gate pole in the parking lot when turning right onto H form Baron gets hit frequently
due to poor placement.
· Directional arrows in the south parking lot need repainting.
.
Suggested Solutions
. Enforcement is the number one suggestion both on vehicles and pedestrians.
. Use "stacked" enforcement, where jaywalkers' parent(s) are contacted by the Police
Department and the school suspends repeat offenders.
· Include amount of fine on signs.
. Put."No Turn on Red" signs (include fine amount) for right tumers (especially H west
onto Otay Lakes north and Otay Lakes north onto H east).
. Add no blocking intersection signs including fine amount.
· Use school announcement system; school newspaper and parent newsletter to inform that
more frequent random enforc=ent program is starting.
. Get newspaper (U- T) to run story on results of random enforcement (how many
jaywalking tickets, traffic tickets, etc.)
. Check into children's book "Jay the Jaywalker"-maybe able to do something fun with
that.
· This is a really high stimulus intersection (lots of traffic signs, lights, co=erciallschool
signage, cars, pedestrians, etc.). Look at cleaning up/stre"m1ining so that important info
is easier to pick out.
· Suggest flashing beacons with 25 mph when children present signs in lime green. Place
the signs more in advance to get th= out of the congestion to a place where drivers can
see them/interpret them before reaching the busiest parts of the area (ex: Before
shopping center when heading east on H, at Tiffany when heading north on Otay Lakes,
etc.)
. Consider Tunnels for peds or pedestrian bridges
. Perhaps place ped bridges away from the intersection closer to where the kids are trying
to get to/from (i.e., Taco Bell, Carl's Jr.)
---..--- -
H:\ENGINEERlInfo Item East H Stroot Otay Lakes Road Attachments.doc
9-16
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;ent By: SDFC;
858 2792567;
Mar-9-06 17:08;
Page 2/4
. . .... . .
','. '. .........:...:. .......:.... .,'.
City. otCllIl1~Vtn8Dt1cJ.mire $tatiuneiat
EXHIBIT 3.
. ',"',,'. " ..... ,: . ,'. . '" . .
Pursuant to 'C=i1' Policy 101,D1, pnor.ta any' .cti.....U'pOllJna!tcis.tnat IlViIl roq,nRdis=nOftal'y acnon
by the CQuncil. Pl"",,1:ns .CommisSion and aU athei'of!ii:ial &Ddiesoflhc: City; a statement of disdo_e of
. certain ownership or finlmcial'i:nwcsu, ,P"~t$;'CIf"c~gncontributions for:.. ,City of ChuI" Vista
eJection must bdi1cd. The fonawing i:n.faimaJ:iQn mUst be disclosed: ' ,
. . . . ,
. , . "
J . List .he n4mes cjf all persons ha v~, .:fiianda!'ixit~~" in ,tJ,eprt>pcrty ,thai is the~ubj~tbf th.:'
applicaticm, or lIIe carillac\; e.g., owner; applicant, cOntractOr, 'su.bc.onlraetor, lIIaterial supplier.
~/'"
~...........
2,
If .~ype...on' idr:ntifiedpunuant 10 (l)abq:veiaa.~aiPi)rariDn Dr panncroWp,.1ist;,lhe, ~q>;:s oCali
!~;~~~:r;!l:\~.~!~~yes~t\ll:.~b~~$&{C(l~)~)}:~;i5,ji;+,i;::":',.'
... .....'
:::~~':'~\;;::,:~.::.:::,:. ",'.
'''.'.."
........,.
.,;;~:...
'__0'_-
,3, If any person" identified Pursuant to {I).boye is. noft-prafit organio:atio1'l or trus~ list the himes
of any person servingol.s ~irec'or of'the"non:;profit organization or as truStee or bCl:lefii;:iary or
trU!!tQr of the trust" ' ' , ,
~
'~'.'.".,.'.
. , ,
' , ,
' , ,
, , .
'.' " .
4, Please identify every person, inCluding ani" a:gi:ntS; "employee., consultants, Or independent
contracton YO\l have ,aMigncd,to' ~n., )lcu'befot,e the City in this matter,'
.....,.,..'......
'"
.. ........-'.,':'...:...... ".
..' .... ..."..'......,"........".
'. _ :: ~:?'?:.:.~':~':"::~:,'~. ';:':'~':"';:~~:..::""~'::":::~',:~:::::: c. ":.' .....,..::..,";'~r~,'-.,'..",.:.~
5.
as:iny pmon. associated wi!h!his:contra:ctnad ,any fll\!Ulcial dealings W1!h an offiCla~hC
City of Chula Visra as it rcloncs co this CDn1l'aClwithin the past 12 months'! Yes_ Na
, '~ "". .'
~
~
'. .. . .
If Yes, briefly describe the nature ~f~I\i:'-ii~iaJ .'interistthe officia'" may have in this c~n=ct"
. 'tJ~,:""." ,
", .'~. .;" ",' . .
',',. .' ...'.-......... . ,
'. '-.8 " '
J'IEnI1.-TllAfI'!!;V'dS.rotyEH.o~/ldoc
,',': ;' ':.~':::'
...
g"': f8
............ ......._.__.n....
,t By: SDFC; 858 2792567; Mar.9.D617:D9;
'03,09/0D TaU 09: 011. F/\X 1119 891 $1 H '. I;HUIA 'H"i'/\.~bl"''''''"_
Page 3/4
.....u....,
6,
H~~ you madI: a'corrtri~~ of more Ibm S~~thintiu:: pli$t.twetvc: (12) ,month. t<> a C\UU:llt
member orlhe Chili. Vista City CouncJ.!? No '.. YeS .......lfy.:s. which Council member?
.
7.
Have you provided mono than $340(ar an ili:ti!of.e:ijIU....lJi!lt val~) fA;! an official". of the .City
ofChula Vista in the past twetve (Ii) mOOthtt?~.iS.;;"ClUdel being a source ofineome, money to
retire a legal dcb~ gift, loan. etc.) Yes _ No ....
If Yes, which official.. and what~' illCnatUn: .of i_Provided?
.-.,
Dale:~~~I7~'
~1J. /'
. . ',. . , ,~
$i&iia~ofC~~'
...~
PriAtor type DaUlc: of Contractocl Applicant
.
Persoll is dcImed as: any indh'idual;'f!n!r, eo.pa'l'tnerslrip; joint ventllno, association, social dub,
fratc:rn.al organization, eorpotation, estaUl.. ~sti '{eeetYe{, syndicate, any otha eolUlty, city,
munieipality, dis1rict, or other politic>aj..subdivisian;. -<<,'any otbmr group Of combination acting as
aunil.
.
..
Official includes. bUI is not timiicd to: Mayar;' 'Council member, Planning Cammi..ioo"1',
Member of a board, commission, or conunitlei:' Df the City, employee, or staff members.
7
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............................ ....... ....,...9-1.g......._............. ..-....
..................
m........................_..._.....___..._. ..........._..,._.,,_...,_._....__.,
1 '
exHIBIT 4
File No. 0735-IO-TF-342
CllY OF
CHUlA VISfA
Contract Documents for:
MEDIAN FENCE INSTALLATION ALONG THE aT A Y LAKES
ROAD AND EAST H STREET IN THE CITY OF CHULA VISTA, CA.
(TF-342)
THIS IS A NON-PREV AILING WAGE PROJECT
9-20
TABLE O..F CONTENTS
NOTICE TO CONTFli\CTOFlS -----------------------------------------------------------------------1
INFORMAL BID FlEQUIFlEMENTS AND CONDITIONS --_________mm____mm_n___m__3
INFORMAL BID PFlOPOSAL ------m----m---_m_______m_mm______m____m_m______m___4
THE CITY OF CHULA VISTA DISCLOSUFlE STATEMENT -----_mm_____________m_____6
BOND FOFl FAITHFUL PEFlFORMANCE ----__m__m_____m_n___mmm___________mm__8
BOND FOFl MA TEFlIAL AND LABOFl-m-n--m-----_____m________m_m_m________mm__9
CONTFli\CT --------------------------------------------------------------------------------------------10
WOlU(EFlS' COMPENSATION INSUFli\NCE DECLAFli\TION --________m_m_m_n_____12
PAFlT 1 SPECIAL PFlOVISIONS - GENEFli\L -____m__nn__mmmm___________m_m_mI3
P AFlT 2 SPECIAL PFlOVISIONS -- TECHNICAL --m----______m_mn__________________m__23
APPENDIX" A" ___m_mmmnmm_n______________m____m_m_______________________m_------30
J:\Engineer\Traffic\ACAD Dwgs\CfP PROJECTS\TF-342\TF.342specs.doc
9-21
INFORMAL BID
CITY OF CHULA VISTA
STATE OF CALIFORNIA
MEDIAN FENCE INSTALLATION ALONG THE OTA Y LAKES
ROAD AND EAST H STREET IN THE CITY OF CHULA VISTA, CA.
(TF-342)
NOTICE TO CONTRACTORS
SEALED PROPOSALS wi]] be received at the Office of the City Engineer, City of Chula Vista, until
5:00 p.m on February 24, 2006. Bids will be opened at a time convenient to the City Engineer after the
aforementioned time and date stated above. The Contractor need not be present.
Documents Required:
I. For bids of $10,000 or less:
No bid bond, Faithful Performance bond, or Material and Labor bond wi]] be required for this
project. However, liability insurance wi]] be required from the successful bidder.
2. For bids greater than $10,000 and equal to or less than $25,000:
No bid bond is required however, a Faithful Performance bond, Material and Labor bond,
disclosure statement, and liability insurance in the amount of $1,000,000.00 wi]] be required from
the successful bidder.
City requires Performance, Labor & Material bonds be issued by a Surety authorized to transact such
business in the State of California be listed as approved by the United States Department of Treasury
Circular 570, and who Underwriting Limitation is sufficient to issue bonds in the amount required by the
contract. Approved listing can be obtained through the Department of Treasury's website
(http://www.fms.treas.Qov/c570/c570.html). Any renewal certificates required during the course of
the contract must be renewed and received bv the City within 15 days prior to expiration and must meet
the same criteria. No substitutions sha]] be allowed.
City requires that throughout the duration of this contract insurance be placed with licensed insurers
admitted to transact business in the State of California with a current A.M. Best's rating of no less than A-
V in the amounts specified in the contract. If insurance is placed with a surplus lines insurer, insurer must
be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M.
Best's rating of no less than A, X. Evidence of insurance must be submitted within ten (10) days after the
awarding of the Contract, and approved prior to commencement of work under the contract. Any
insurance terminating during the course of the contract must be renewed and evidence of renewal must be
submitted to the City within 15 days prior to the expiration of the prior policy and must meet the same
criteria. Contractor must include all subcontractors as insured under its policies or furnish separate
certificates and endorsements for each subcontractor. All coverage for subcontractors is subject to all of
J :\Engineer\ Traffic\ACAD Dwgs\CIP PROJECTS\ TF-342\ TF.342specs.doc
9422
the requirements as above. No substitutions shall be allowed.
In accordance with the provisions of Section 1773 of the Labor Code of the State of California, the City
of Chula Vista has ascertained the general prevailing wage scales applicable to the work to be done. The
prevailing wage scales are available for review in the office of the City Engineer.
Note: Special attention is directed to Section 7-3 (page 9) of the Special Provisions-General. The
successful low bidder will be required to provide the insurance requirements stipulated in this section.
No bid will be accepted ITom a Contractor who has not been licensed in accordance with the provisions of
Chapter 9, Division 3 of the Business and Professions Code and its implementing regulations.
Contractors and subcontractors are required to have a valid City of Chula Vista business license prior to
start of work.
Plans, forms of proposals, contract, special provisions, and specifications may be examined at the office
of the City Engmeer, Public Services Building, 276 Fourth Avenue, Chula Vista, California. Copies of
specifications may be obtained at the office or by U.S. mail at no cost.
The special attention to prospective bidders is called to Proposal Requirements and Conditions, for
instructions regarding bidding on the following page.
The City Engineer reserves the right to reject any or all bids and to waive any irregularity or informality
in any bid to the extent permitted by law.
Dated:
Francisco X. Rivera, P. E., T.E.
Principal Civil Engineer
Engineering, Traffic
City ofChula Vista
J :\Engineer\ Traffic\A CAD Dwgs\CIP PROJ ECTS\ TF-342\ TF-342specs .doc
9~23
INFORMAL BID REOUIREMENTS AND CONDITIONS
EXAMINATION OF PLANS. SPECIFICATIONS. SPECIAL PROVISIONS. AND SITE OF WORK:
The bidder is required to examine carefully the site of and the proposal, plans, specifications, and contract
forms for the work contemplated, and it will be assumed that the bidder has investigated and is satisfied
as to the conditions to be encountered, as to the character, quality, and quantities of work to be performed
and materials to be furnished, and as to the requirements of the specifications, the special provisions, and
the contract. It is mutually agreed that submission of a proposal shall be considered prima fac.ie evidence
that the bidder has made such an examination.
PROPOSAL FORM:
All proposals must be made upon forms furnished by the City of Chula Vista, City Engineer.
The following documents must be completed and submitted with the bid:
1. Proposal
2. Addendums (if any)
3. Workrnen's Compensation Insurance Declaration
4. Disclosure Statement
REJECTION OF PROPOSALS
IRREGULARITIES:
CONTAINING
ALTERATIONS.
ERASURES.
OR
Proposals may be rejected if they show any alterations of form, additions not called for, conditional or
alternative bids, incomplete bids, erasures, or irregularities of any kind.
In case of disparity in the proposal between the lump sum or unit bid price shown in figures and words,
the unit bid price or lump sum amount as stated in words shall prevail and take precedence.
The right is reserved to reject any and all proposals.
All the above work is within City property and/or City right of way, and under the directions of the City
Engineer or other official designated by the City Engineer to provide compliance with the terms and
specifications of the contract and all included documents all as provided in and subject to the Contract
Documents.
The Contractor shall be considered to have a valid and executed contract with the City for performance of
the work contained in the bid proposal at the time the contractor received a purchase order ftom the City.
3
J 'IEngineerl TRAFFICIACAD DwgslCIP PRDJECTSITF-3421 TF-342specs.doc
9-24
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INFORMAL BID PROPOSAL - (Continued)
the owner wi1l pay the Contractor in current funds for the performance of the Contract on the basis of the
accepted lump sum and will otherwise fulfi1l its obligations thereunder.
Licensed in accordance with an Act providing for the registration of Contractors,
License No. ; License Expiration Date
Contractor's State License Classification
A1l time limits stated in the Contract Documents are of the essence of this Contract.
In accordance with the provisions of Section 1733 of the Labor Code, the City Council has ascertained the
general prevailing rate of wages applicable to the work to be done. The prevailing wage scales are
available in the office of the City Engineer.
FOR THE CONTRACTOR OR FIRM:
FOR THE CITY OF CHULA VISTA
BY:
BY:
JOHN COGGINS
Signature of Bidder
ATTEST:
City Clerk
(If an individual, so state. If a firm or co-partnership, state the firm name and give the names of a1l
individuals, co-partners composing the firm. If a corporation, also names of President, Secretary,
Treasurer and Manager thereof, and affix the Corporate Seal thereto.)
Company
Business Address
Phone Number
Tax Identification Number
(Attach Proper Notarization)
5
J :\Engineer\ Traffic\ACAD Dwgs\CIP PROJECTS\TF-342\TF-342specs.doc
9-26
City of Chula Vista Disclosure Statement
Pursuant to Council Policy 101-0 I, prior to any action upon matters that will require discretionary action
by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of
certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista
election must be filed. The following information must be disclosed:
I. List the names of all persons having a [mancial interest in the property that is the subj ect of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
.
2. If any person' identified pursuant to (I) above is a corporation or partnership, list the names of all
individuals with a $2000 investment in the business (corporation/partnership) entity.
3. If any person' identified pursuant to (1) above is a non-profit organization or trust, list the names
of any person serving as director of the non-profit organization or as trustee or beneficiary or
trustor of the trust.
4. Please identify every person, including any agents, employees, consultants, or independent
contractors you have assigned to represent you before the City in this matter.
5. Has any person' associated with this contract had any financial dealings with an official" of the
City ofChula Vista as it relates to this contract within the past 12 months? Yes_ No_
If Yes, briefly describe the nature of the financial interest the official" may have in this contract.
6
J:\Engineer\Traffic\ACAD Dwgs\CIP PROJECTS\TF-342\TF-342specs.doc
9-27
.
......
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current
member of the Chula Vista City Council? No _ Yes _ If yes, which Council member?
7. Have you provided more than $340 (or an item of equivalent value) to an official.. of the City
of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to
retire a legal debt, gift, loan, etc.) Yes _ No_
If Yes, which official.. and what was the nature of item provided?
Date:
Signature of Contractor/Applicant
Print or type name of Contractor! Applicant
.
Person is defmed as: any individual, firm, co-partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city,
municipality, district, or other political subdivision, -or any other group or combination acting as
a unit.
..
Official includes, but is not limited to: Mayor, Council member, Planning Commissioner,
Member of a board, commission, or committee of the City, employee, or staff members.
7
J :\Engineer\ Traffic\ACAD Dwgs\CIP PROJECTS\ TF-342\TP.342specs.doc
9-28
INFORMAL BID
(REQUIRED ONLY IF BID IS OVER $10,000)
BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS, that IIWe
the Contractor in the contract hereto annexed, as Principal and
a corporation organized and existing under the laws of the State of and duly
authorized to transact business under the laws of the State of California as a Surety, and are listed and
approved under the United States Treasury Circular 570, are held and finnly bound unto the City of Chula
Vista, located in San Diego County, California, in the sum of
($ ) lawful money of the United States, for which payment, well and truly to be
made, we bind ourselves, jointly and severally, finnly by these presents.
Signed, sealed and dated
The condition of the above obligation is that if said Principal, as Contractor in the contract hereto
annexed, shall faithfully perfonn each and all of the conditions of said contract to be perfonned by him,
and shall furnish all tools, equipment, apparatus, facilities, transportation, labor and material, other than
material, if any, agreed to be furnished by the City necessary to perfonn and complete in a good and
workmanlike manner, the work of:
MEDIAN FENCE INSTALLATION ALONG THE OTA Y LAKES
ROAD AND EAST H STREET IN THE CITY OF CHULA VISTA, CA.
(TF-342)
in strict confonnity with the tenns and conditions set forth in the contract hereto annexed, and shall payor
cause to be paid, all persons who perfonn labor for, or furnish materials to said Contractor, or to any
subcontractor in the execution of the said contract, then this obligation shall be null and void, otherwise to
remain in full force and effect; and the Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or addition to the tenns of the contract or to the work to be
perfonned thereunder, or the specifications accompanying the same, shall be in any wise affect its
obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration
or addition to the terms of the contract or to the work or to the specifications.
. Company
Company
Contractor (Print Name)
Surety (Print Name)
Contractor (Signature)
Surety (Signature)
(Attach Proper Notarization)
APPROVED AS TO FORM:
City Attorney
8
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9-29
INFORMAL BID
(REQUIRED ONLY IF BID IS OVER $10,000)
BOND FOR MATERIAL AND LABOR
KNOW ALL MEN BY THESE PRESENTS, that VWe
the Contractor in the contract hereto annexed, as Principal and
a corporation organized and existing under the laws of the State of , and duly authorized
to transact business under the laws of the State of California as a Surety, and are listed and approved
under the United States Treasury Circular 570, are held and fIrmly bound unto the City of Chula Vista,
located in San Diego County, California, in the sum of
($ ) lawful money of the United States, for which payment, well
and truly to be made, we bind ourselves, jointly and severally, fIrmly by these presents.
Signed, sealed and dated
The condition of the above obligation is that if said Principal as Contractor in the contract hereto annexed,
or his or its subcontractor, fails to pay for any material, provisions, provender or other supplies, or teams
used in, upon, for or about the performance of work contracted to be done by said contractor, namely, to
furnish all tools, equipment, apparatus, facilities, transportation, labor and material, other than materials,
if any, agreed to be furnished by the City necessary to perform and complete, and to perform and
complete in a good and workmanlike manner, the work of:
MEDIAN FENCE INSTALLATION ALONG THE OTAY LAKES
ROAD AND EAST H STREET IN THE CITY OF CHULA VISTA, CA.
(TF-342)
in strict conformity with the terms and conditions set forth in the contract hereto annexed, or for work or
labor done thereon of any kind, said Surety wil1 pay the same in an amount not exceeding the sum herein
above set forth, and also in case suit is brought upon this bond, a reasonable attorney's fee to be fIxed by
the courts. This bond shall inure to the benefIt of any and all persons, companies, and corporations
entitled to fIle claims under and by virtue of the provisions of Chapter 7 (commencing with Section 3247)
of Title IS, Part 4, Division 3 of the California Civil Code, as amended and the said Surety, for value
received, hereby stipulates and agrees that no change, extension oftime, alteration or addition to the terms
of the contract or to the work to performed thereunder or the specifIcations accompanying the same shall
in any way affect its obligations on this bond, and it does hereby waive notice of any such changes,
extension oftime, alteration or addition to the terms of the contract or to the work or to the specifIcations.
Company
Company
Contractor (Print Name)
Surety (Print Name)
Contractor (Signature)
Surety (Signature)
(Attach Proper Notarization)
APPROVED AS TO FORM:
City Attorney
9
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9-30
CONTRACT
This Contract, made and entered into this _ day of , 20_, by and between the City of
Chula Vista, State of California, hereinafter called the "Owner" and
hereinafter called the "Contractor";
WITNESSETH:
That the Owner and the Contractor for the consideration, hereinafter named, agree as follows:
I. The complete Contract includes all of the Contract Documents as if set forth in full herein, to wit:
The Proposal; the Accepted Bid; the Faithful Performance Bond; the Material and Labor Bond;
Specifications; Standard Specifications, Standard Special Provisions, Chula Vista Standard
Special Provisions, Standard Plans, Special Provisions, this Contract and all addenda setting forth
any modifications or interpretations of any of said Documents.
2. The Contractor will furnish all materials except as otherwise provided in the Specifications and
will perform all the work for:
MEDIAN FENCE INST ALLA TION ALONG THE OT A Y LAKES
ROAD AND EAST H STREET IN THE CITY OF CHULA VISTA, CA.
(TF-342)
All the above work is on City property or on easements, and under the directions of the Engineer
or other official designated by the Owner to provide compliance with the terms and specifications
of the contract and all included documents all as provided in and subject to the Contract
Documents.
3. The Owner will pay the Contractor in current funds for the performance of the Contract on the
basis of the accepted unit prices and the actual measured quantities of work done at such times as
are stated in the Specifications, and will otherwise fulfill its obligations thereunder.
4. All time limits stated in the Contract Documents are of the essence of this Contract.
5. In accordance with the provisions of Section 1773 of the Labor Code, City has ascertained the
general prevailing rate of wages applicable to the work to be done. The prevailing wage scales
are available in the office of the City Engineer.
IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first above
written.
FOR THE CITY OF CHULA VISTA:
FOR THE CONTRACTOR:
BY:
BY
JOHN COGGINS
ATTEST:
BY:
City Clerk
(Attach Proper Notarization)
I hereby certifY that I have examined this contract and find it to be in accordance with the provisions of
the State of California.
BY:
CITY ATTORNEY
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9-31
INFORMAL BID PROPOSAL
WORKERS' COMPENSATION INSURANCE DECLARATION
Date:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be
insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before commencing the performance of
the work of this Contract.
Signature
Contractor
State Contractor's License No.
Address
City/State
Phone Number
(Attach Proper Notarization)
11
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9-32
PART 1
SPECIAL PROVISIONS - GENERAL
Part 1 shall conform to Part 1 of the Standard Specifications for Public Works Construction and as
amended by the Standard Special Provisions except for the following changes and/or additions:
1-2 Definitions
(p 1) Add or substitute for:
Agency - the City of Chula Vista, State of California
Board - the City Council of the City ofChula Vista
Engineer - the City Engineer of the City of Chula Vista, acting directly or through properly
authorized agents, such agents acting within the scope of the particular duties delegated to them.
Laboratory - The designated laboratory authorized by the Engineer to test materials and work
involved in the Contract.
Notice - Shall be deemed to have been given if served personally on the Contractor or hislher
authorized agent, or mailed to the Contractor postage prepaid.
.
Standard Special Provisions - "Regional Supplement Amendments" for use with "Standard
Specifications for Public Works Construction" approved and adopted by the San Diego County
Regional Standards Committee.
Chula Vista Standard Special Provisions - Standard Special Provisions prepared and approved by
the City Engineer for use with "Standard Specifications for Public Works Construction", 2002.
Standard Specifications - "Standard Specifications for Public Works Construction" 2000 Edition
"Greenbook" and all subsequent additions and revisions approved and adopted by the San Diego
County Regional Standards Committee.
Standard Plans - San Diego Area Regional Standard Drawings2000 Edition, Chula Vista
Construction Standards, details for standard structures, 2002 Edition, devices or instructions
referred to on the plans or in specifications by title or number.
State Standard Specifications - Portion of the Standard Specifications, State of California,
Department of Transportation, dated July 1999 and all subsequent additions and revisions.
State Standard Plans - Portion of the Standard Plans, State of California, Department of
Transportation, dated July 1999 and all subsequent additions and revisions.
2-1 Award and Execution of Contract
(p 9) The award of the Contract, if it be awarded, will be to the lowest responsible bidder whose
proposal complies with all the requirements described. The award, if made, will be made within
sixty (60) days after the opening of the bids. All bids will be compared on the basis of the
Engineer's estimate of quantities of work to be done.
The Contract shall be signed by the successful bidder, and returned together with the Contract
12
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9-33
bonds, within ten (10) working days after the bidder has received notice that the Contract has
been awarded. No proposal shall be considered binding upon the City until the execution of the
Contract.
It shall be the responsibility of the successful bidder to make an appointment within the above
time limit to sign the Contract in the City Engineer's Office and to discuss the construction
operations with the Engineer, or his designee. Failure to execute a Contract and file acceptable
bonds as provided herein within ten (10) working days after the bidder has received notice that
the Contract has been awarded, shall be just cause for the annulment of the award and the
forfeiture of the proposal guaranty.
Return of Bidder's Guaranty:
Within ten (10) working days after the award of the Contract, the City of Chula Vista will return
the cash or checks accompanying the proposals which are not to be considered in making the
award. All other proposal guaranty will be held until the Contract has been finally executed, after
which the cash or checks will be returned. Bid bonds will be returned upon request.
Non-Collusion Provision:
The Contractor to whom this Contract is to be awarded shall file a sworn Non-Collusion affidavit
executed by, or on behalf of, the person, firm, association, or corporation to whom the Contract is
awarded. This affidavit shal1 be executed and sworn to by the successful bidder before such
persons as are authorized by the laws of the State of California to administer oaths, on the form
included in these Contract documents. The original of such sworn statement shall be filed with
the City Clerk.
2-5 Plans and SDecifications
2-5.1 General
(p II) Al1 authorized alterations affecting the requirements and information given on the approved plans
shal1 be in writing. No changes shall be made of any plan or drawing after the same has been
approved by the Engineer, except by direction of the Engineer.
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Finished surfaces in all cases shall confonn to the lines, grades, cross sections, and dimensions
shown on the approved plans. Deviations from the approved plans, as may be required by the
exigencies of construction, will be detennined in all cases by the Engineer and authorized in
writing.
2-5.2 Precedence of Contract Documents
(p 11) In the event of any discrepancy between any drawing and the figures written thereon, the figures
shall be taken as correct.
2-10 Authority of Board and Engineer
(p 14) Whenever the Contractor varies the period during which work is carried on each day, he/she shall
give due notice to the Engineer, so that proper inspection may be provided. The Contractor shall
pay a fee established by the City for inspection services, required outside of regular working
hours, and on Saturdays, Sundays, and holidays recognized by the City. Any work done in the
absence of the Engineer will be subject to rejection.
3-3.2.3 Markun
(p 17) (a)
Work by Contractor. The following percentage shall be added to the Contractor's costs
and shall constitute the markup for all overhead and profits:
Labor 10%
Materials 5%
Equipment Rental 5%
Other Items and Expenses 5%
To the sum of the costs and markups provided for in this subsection, I percent shall be added as
compensation for bonding.
(b) Work by Subcontractor. When all or any part of the extra work is perfonned by a
Subcontractor, the markup shall be as follows:
A mark-up of 5% on the first $5,000 and 2.5% on work added in excess of$5,000 of the
Subcontracted portion of the extra work.
3-5 Disnuted Work
(p 18) ADMINISTRATIVE CLAIMS REQUIREMENTS AND PROCEDURES:
No suit shall be brought arising out of this Contract, against the City, unless a claim has first been
presented in writing and filed with the City of Chula Vista and acted upon by the City of Chula
Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, as same may be from time to time be amended, the provisions of which are incorporated by
this reference as if fully set forth herein, and such policies and procedures used by the City in the
implementation of same.
Upon request by City, Contractor shall meet and confer in good faith with City for the purpose of
resolving any dispute over the terms of this Contract.
4-1 Materials and Workinanshin
4-1.3.3 Insnection bv the Agencv: Delete entire section and add Section 4-1.3.4 below:
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9-35
4-1.3.4 Inspection by the Agency and Testing
(p 20) The Agency will provide all inspection of work and materials within the City limits of the City of
Chula Vista. For private Contracts, all costs of inspection at the source, including salaries and
mileage costs, shall be paid by the Pennittee.
Testing - Private Contracts and Permittee:
When required by the Engineer, tests shall be made'to determine compliance with the plans and
specifications.
The tests shall be performed by a laboratory approved by the Engineer and the number of tests
shall be determined by the Engineer.
The costs ofthese tests shall be borne by the Contractor.
Testing'- City Contracts:
When required by the Engineer, tests shall be made to determine compliance with the plans and
specifications.
The tests shall be performed by a laboratory approved by the Engineer. The City shall make the
arrangements with the laboratory. The number oftests shall be determined by the Engineer. The
Contractor shall give 24 hours advance notice on all calls for testing.
The costs of these tests shall be borne by the City except for the tests that fail, which shall be paid
for by the Contractor.
6-3 Suspension of Work
(p 24) The City Engineer shall have the authority to suspend the work wholly or in part for such period
as may be necessary to determine whether or not there has been compliance with any provisions
of the Contract and all related documents due to the manner in which the work has been
performed. When the City Engineer orders suspension of the work for non-compliance with the
Contract terms, said suspension shall in no event extend past one week (7 days) unless the City
Engineer or his/her designee shall file upon the Contractor a notice of non-compliance of
Contract terms,
15
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6-6 Delays and Extensions of Time
6-6.1 General Revise to read as follows:
(p 25) If delays are caused by unforeseen events beyond the control of both the Contractor and the
Agency, such delays will entitle the Contractor to an extension oftime as provided herein, but the
Contractor shall not be entitled to damages or additional payment due to such delays. War,
government regulations, labor disputes, strikes, fires, floods, adverse weather necessitating
cessation of work, other similar action of the elements, political opposition, unintended
deficiencies or delinquencies by the Agency in complying with legally-mandated conditions
precedent to issuance of the Contract (such as, for example, failure to comply with
environmental laws, public hearing requirements, delays caused by utility relocations and or
installations, etc.) inability to obtain materials, equipment or labor, required extra work, or other
specific reasons as may be further described in the Specifications may constitute such a delay.
No extension of time will be granted for a delay caused by the inability to obtain materials unless
the Contractor furnishes to the Engineer documentary proof of the inability to obtain such
materials in a timely manner in accordance with the sequence of the Contractor's operations and
the approved construction schedule.
If delays beyond the Contractor's control are caused by reasons other than those mentioned above,
but substantially equal in gravity to those enumerated, and an extension of time is deemed by the
Engineer to be in the best interests of the Agency, an extension of time may be granted, but the
Contractor will not be entitled to damages or additional payment due to such delays.
If delays beyond the Contractor's control are caused solely by action or inaction by the Agency,
such delays will entitle the Contractor to an extension of time as provided in Subsection 6-6.2.
6-6.2 Extensions of Time
.
(p 26) It is further agreed that, in case the work called for under the Contract is not finished and
completed in all parts and requirements within the time specified, the City Council shall have the
right to extend the time for completion or not, as may seem best to serve the interest of the City;
and if it decides to extend the time limit for the completion of the Contract, it shall further have
the right to charge to the Contractor, his/her heirs, assigns or sureties, and to deduct from the final
payment for the work all or any part, as it may deem proper, of the actual cost of engineering,
inspection, superintendence, and other overhead expenses which are directly chargeable to the
Contract, and which accrue during the period of such extension, except that the cost of final
surveys and preparation of final estimate shall not be included in such charges. The Contractor
shall not be assessed with liquidated damages nor the cost of engineering and inspection during
any delay in the completion of the work caused by Acts of God or of the Public Enemy, acts of
the City, fire, floods, epidemics, quarantine restrictions, strikes, ITeight embargoes, and unusually
severe weather or delays of subcontractors due to such causes; provided that the Contractor shall,
within ten (10) days ITom the beginning of such delay, notify the Engineer, in writing, of the
causes of delay, who shall ascertain the facts and the extent of the delay, and his/her findings of
the facts thereon shall be final and conclusive.
6-6.3 Payment for Delavs to Contract Revise to read as follows:
(p 26) The Contractor may be compensated for delays caused solely by the failure of the Agency to
furnish necessary rights of way, failure to deliver materials shown in the Contract Documents to
be furnished by the Agency, or for the suspension of the work by the Agency for its own
convenience or benefit. Without constituting a limitation on other events which may also not be
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9-37
for the convenience or benefit of the Agency, it shall be deemed to be not a suspension of work
for the Agency's convenience or benefit if the cause of the suspension is, or is related to, one of
the causes of delay identified or referenced in the first paragraph of Section 6-6.1. If the
Contractor sustains a loss which could not have been avoided by the judicious handling of forces,
equipment or plant, there shall be paid to the Contractor such amount as the Engineer may find to
be fair and reasonable compensation for such part of the Contractor's actual loss as was
unavoidable.
6-7 Time of Completion
(p 26) The Contractor shall not begin work on or before the date specified in the "Notice of Execution of
Contract," which date shall not be less than Ten (10) calendar days following execution of the
Contract by the City.
The Contractor shall provide the City Engineer written notice of the specific date upon which
he/she plans to commence work. Notice shall be given at least FORTY-EIGHT (48) hours in
advance. Once work is started, the Contractor shall conduct his/her operations for continuous
progress of work on a daily basis.
The Contractor shall prosecute the work to completion before the expiration of Fifteen (IS)
consecntive working days from the date he/she starts work and/or the date specified in the
"Notice of Execution of Contract" whichever is earliest.
7-2.2 Laws Add:
(p 28) Employment of Apprentices (This applies to Contracts requiring the payment of prevailing
wages)
Attention is directed to the provisions in Section 1777.5 (Chapter 1411, Statutes of 1968) and
1777.6 of the Labor Code concerning the employment of apprentices by the prime Contractor or
any subcontractor under him/her who is awarded a Contract over $30,000 or 20 working days.
Section 1777.5, as amended, requires the Contractor and subcontractor employing tradesperson
(s) in any apprenticeable occupation to employ a ratio of not less than one apprentice for each
five joumeyperson (s), except under the following conditions:
A. When unemployment in the area of coverage by the joint apprenticeship committee has
exceeded an average of 15 percent in the 90 days prior to the request for certificate, or
B. When the number of apprentices in training in the area exceeds a ratio of one to five, or
C. If there is a showing that the apprenticeable craft or trade is replacing at least 1/30 of its
Joumeyperson (s) annually through apprenticeship training on a statewide or local basis, or
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D. If assignment of an apprentice to any work perfonned under public works Contract would
create a condition which would jeopardize his/her life or the life, safety, or property of fellow
employees or the public at large, or if the specific task to which the apprentice is to be
assigned is of such nature that training cannot be provided by a journeyperson (s).
.
The Contractor is required to make contributions to funds established for the administration of
apprenticeship programs if he/she employees registered apprentices or journeyperson (s) in an
apprenticeable trade on such Contracts, and if other Contractors on the public works site are
making such contributions. The Contractor and any subcontractor under him/her shall comply
with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices.
Infonnation relative to apprenticeship standards, wage schedule and other requirements may be
obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship,
San Francisco, California, or trom the division of Apprenticeship Standards and its branch
offices.
.
The CitY of Chula Vista is required to notify the Division of Apprenticeship Standards within five
days of the award of any Contract covered under the above provisions.
Attention is also directed to the provisions of Section 1776 of the Labor Code concernmg
"Payroll Records of Wages Paid: Inspection: Effect of Non-compliance: Penalties." The
Contractor is required to be in confonnance with this section. Copies of the wage reporting form
are available trom Division of Labor Standard Enforcement (DLSE).
7-3 Liability Insurance Add:
(p28) Bodilv Iniury and ProDertv Damage
Contractor must procure insurance against claims for injuries to persons or damages to property
that may arise from or in connection with the performance of the work under the contract and the
results of that work by the contractor, his agents, representatives, employees or subcontractors
and provide documentation of same prior to commencement of work. Certificates evidencing
such coverage and applicable policy endorsements shall be submitted to the City Engineer at 276
Fourth Avenue. The insurance must be maintained for the duration of the contract.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability coverage (occurrence Form CGOOOI)
including Insurance Services Office Form (G0009 II 88 Owners and Contractors Protective
Liability Coverage Form - Coverage for Operations of Designated Contractor).
Insurance Services Office Fonn Number CA 0001 covering Automobile Liability, Code I (any
auto).
Course of Construction insurance covering all risks of loss less policy exclusions.
Minimum Limits of Insurance
Contractor shall maintain limits no less than:
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1. Commercial General
Liability: (Including
operations, products and
completed operations)
$1,000,000 per occurrence for bodily injury, personal injury
and property damage. If Commercial General Liability
insurance with a general aggregate limit is used, either the
general aggregate limit shan apply separately to this
project/location or the general aggregate limit shan be twice
the required occurrence limit.
2. Automobile Liability:
$1,000,000 per accident for bodily injury and property
damage.
3. Course of Construction:
Completed value of the project with no coinsurance penalty
provIsIons
The City reserves the right to require insurance for amounts in excess of the minimums stated
above.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the
option of the City, either the insurer wil1 reduce or eliminate such deductibles or self-insured
retentions as they pertain to the City, its officers, officials, employees and volunteers; or the
Contractor win provide a financial guarantee satisfactory to the City guaranteeing payment of
losses and related investigations, claim administration, and defense expenses.
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain,
the fonowing provisions:
1. The City of Chula Vista, its officers, officials, employees, agents, and volunteers are to
be named as additional insureds with respect to liability arising out of automobiles
owned, leased, hired or borrowed by or on behalf of the contractor, where applicable,
and, with respect to liability arising out of work or operations performed by or on behalf
of the contractor including providing materials, parts or equipment furnished in
connection with such work or operations. The general liability additional insured
coverage must be provided in the form of an endorsement to the contractor's insurance
using ISO CG 20 10 II 85 or its equivalent.
2. The contractor's insurance coverage must be primary insurance as it pertains to the City,
its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees, or volunteers is whony separate
from the insurance of the contractor and in no way relieves the contractor from its
responsibility to provide insurance.
3. Each insurance policy required by this clause must be endorsed to state that coverage wil1
not be canceled by either party, except after thirty (30) days' prior written notice to the
City by certified mail, return receipt requested.
4. Coverage shan not extend to any indemnity coverage for the active negligence of the
additional insured in any case where an agreement to indemnify the additional insured
would be invalid under Subdivision (b) of Section 2782 of the Civil Code.
5. Contractor's insurer win provide a Waiver of Subrogation in favor of the City for each
required policy providing coverage during the life ofthis contract.
Course of Construction policies shan contain the fonowing provisions:
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1. The City of Chula Vista shall be named as loss payee.
2. The insurer shall waive all rights of subrogation against the City of Chula Vista.
Acceptability oflnsurers
Insurance is to be placed with licensed insurers admitted to transact business in the State of
California with a current A.M. Best's rating of no less than A- V. If insurance is placed with a
surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus
Lines Insurers (LESLI) with a current A.M. Best's rating of no less than A X.
Verification of Coveral!e
Contractor shall furnish the City with original certificates and amendatory endorsements effecting
coverage required by this. clause. The endorsements should be on insurance industry forms,
provided those endorsements conform to the contract requirements. All certificates and
endorsements are to be received and approved by the City before work commences. The City
reserves the right to require, at any time, complete, certified copies of all required insurance
policies, including endorsements evidencing the coverage required by these specifications.
Subcorrtractors
Contractor must include all subcontractors as insureds under its policies or furnish separate
certificates and endorsements for each subcontractor. All coverage for subcontractors is subject
to all of the requirements included in these specifications.
7 -4 Worker's ComDensation Insurance
(p 29) Contractor shall provide certificates of insurance evidencing coverage as follows:
Statutory Workers' Compensation insurance as required by the State of California and
Employer's Liability insurance in the following limits:
$1,000,000 Each Accident
$1,000,000 Disease - Policy Limit
$1,000,000 Disease - Each Employee
.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the
option of the City, either the insurer will reduce or eliminate such deductibles or self-insured
retentions as they pertain to the City, its officers, officials, employees and volunteers; or the
Contractor will provide a financial guarantee satisfactory to the City guaranteeing payment of
losses and related investigations, claim administration, and defense expenses.
Worker's compensation policies are to contain, or be endorsed to contain, the following
proVIsIOns:
.
1. Each insurance policy required by this clause must be endorsed to state that coverage will
not be canceled by either party, except after thirty (30) days' prior written notice to the
City by certified mail, return receipt requested.
2. Contractor's insurer will provide a Waiver of Subrogation in favor of the City for each
required policy providing coverage during the life of this contract.
7-10
Public Convenience and Safety
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7-10.1 Traffic and Access
(p 32) All traffic control shall be done in accordance with the latest revised edition of the Manual of
Traffic Controls prepared by the California Department of Transportation. The latest revised
edition of the Work Area Traffic Control Handbook (WATCH) may be used as a handy reference
for compliance but does not excuse the Contractor from not complying with the State manua1.
7 -13 Laws to be Observed
(p 34) Taxes
All applicable State or Federal taxes shall be considered as included in the amount paid for the
various items of work. The Contractor shall be responsible for payment of such taxes to the
proper governmental authority.
The Contractor shall keep fully informed and comply with all existing Federal and State laws and
all Municipal Ordinances and Regulations of the City which in any manner affect those engaged
or employed in the work, or the material used in the work, or which in any way affect the conduct
of the work, and all such orders and decrees of bodies or tribunals having any jurisdiction or
authority over the same. City of Chula Vista Resolution 3077 requires that all underground work
be completed prior to the street being surfaced.
Contractors and all subcontractors shall be licensed in accordance with the provisions of Chapter
9 of Division ill of the Business and Professions Code, State of California.
Unless otherwise specified, the Contractor shall procure all permits and licenses, pay all charges
and fees, and give all notices necessary and incidental to the due and lawful prosecution of work.
The Contractor and subcontractors shall have a valid City of Chula Vista Business License.
7-15 Record Retention and Availability
(p 35) I. The Contractor shall allow access by the City, the federal grantor agency, the
Comptroller General of the United States, or any of their duly authorized representa-
tives to any books, documents, papers and records of the Contractor pertinent to that
specific Contract.
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2. The Contractor shall retain all required records for three years after fmal
Payments are made and all other pending matters are closed.
9-1 Measurement of Quantities for Unit Price Work
9-1.1 General
(p 37) The estimate of the quantities of work to be done and materials to be furnished are approximate
only, being given as a basis for the comparison of bids, and the City of Chula Vista does not
expressly or by implication agree that the actual amount of work will correspond therewith, but
reserves the right to increase or decrease the amount of any class or portion of the work or to omit
portions of the work that may be deemed necessary or expedient by the Engineer.
9-3 Payment
9-3.2 Partial and Final Payment Add:
(p 39) The Engineer shall, after the completion of the Contract, make a final estimate of the amount of
work done thereunder and the value of such work, and the City shall pay the entire sum so found
to be due after deducting therefrom all previous payments, all amounts to be kept and all amounts
to be retained under the provisions of the Contract. All prior partial estimates and payments shall
be subject to correction in the fmal estimate and payment. The final payment shall not be due and
payable until the expiration of 35 days from date of acceptance of work by the City Manager
and/or City Council.
It is mutually agreed between the parties to the Contract that no certificate given or payments
made under the Contract, except the final certificate of final payment, shall be conclusive
evidence of the performance of the Contract, either wholly or in part, against any claim of the
City, and no payment shall be construed to be in acceptance of any defective work or improper
materials.
And the Contractor further agrees that the payment of the final amount due under the Contract,
and the adjustment and payment for any work done in accordance with any alterations of the
same, shall release the City, City Council and the Engineer from any and all claims or liability on
account of work performed under the Contract or any alteration thereof.
.
9-3.2 Partial and Final Payment Delete: Second sentence of paragraph three (After 50 percent which-
(p 39) ever is greater).
9-3.3 Delivered Materials Add:
(p 39) The City shall retain 50 percent of the value of the materials so estimated to have been furnished
and delivered and unused as aforesaid as part security for the fulfillment of the Contract by the
Contractor and shall monthly pay to the Contractor, while carrying on the work, the balance not
retained, as aforesaid, after deducting therefrom all previous payments and all sums to be kept or
retained under the provisions of the Contract.
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ADDITIONAL SECTIONS:
I. FEDERAL STATUTORY REOUIREMENTS FOR FEDERALLY ASSISTED
CONSTRUCTION PROJECTS (Applicable to Contracts and Subcontracts which exceed
$100,000)
a. The Contractor agrees to comply with all applicable standards, orders, or
regulations issued pursuant to the Clean Air Act, as amended (42 U.S.c. 1857
ET SEQ., as amended by Pub. L. 91-604), and under the Federal Water
Pollution Control Act, as amended (33 U.S.C. 1251 ET SEQ., as amended by
Pub. L. 92-500), Executive Order 11738, and regulations in implementation
thereof(40 C.F.R., Part 14).
b. The Contractor agrees to comply with all the requirements of Section 114 of the
Clean Air Act and Section 308 of the Federal Water Pollution Control Act and
all the regulations and guidelines listed thereunder.
'c. The Contractor shall promptly notifY the City of the receipt of any
communication from the Director, Office of Federal Activities, EPA,
indicating that a facility to be utilized for the Contract is under
consideration to be listed on the EPA List of Violating Facilities.
d. The Contractor agrees to include or cause to be included the requirements listed
above in every non-exempt subcontract, and further agrees to take such action
as the Government may direct as a means of enforcing such requirements.
2. ENERGY EFFICIENCY
The Contractor agrees that it shall comply with the mandatory standards and policies relating to
energy efficiency which are contained in Title 24 (the State Energy Conservation Plan) which
was issued in compliance with the Energy Policy and Conservation Act.
3. HOLD HARMLESS
The Contractor agrees to indemnify and hold harmless the City of Chula Vista against and from
any and all damages to property or injuries to or death of any person or persons, including
property and employees or agents of the City, and shall defend, indemnifY and save harmless the
City, its officers, agents and employees, for any and all claims, demands, suits, actions, or
proceedings of any kind or nature including worker's compensations claims, of or by anyone
whomsoever, in any way resulting from or arising out of the negligent or intentional acts, errors
or omissions of the Contractor or any of its officers, agents, or employees.
4. ATTORNEY'S FEES
In the event of any dispute between the parties, the prevailing party shall recover its attorney fees,
and any costs and expenses incurred by reason of such dispute.
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PART 2
SPECIAL PROVISIONS - TECHNICAL
2-01 WORK TO BE DONE
The project will install chain link green vinyl fence on (2) Median Islands at Otay Lakes Road between
East H Street and Canyon Drive and on (I) median island at East Street between Otay Lakes Road and
Barron Way in the City ofChula Vista, California.
The work includes furnishing and installation of three (3) and five(5) chain link (green vinyl) fence.
Other work includes concrete coring and traffic control.
These items are to be constructed or finished and installed in a complete and workmanlike manner in
accordance with specifications.
The work to be done included in these Special Provisions includes all labor, material, equipment,
transportation, protection and traffic control necessary for the project as shown on the Appendix "A" and
described in these documents.
The plat may contain some work items that are not specifically reflected in the requested bid proposal.
Payment for these work items are to be considered in the various lump sum or unit cost prices contained
herein.
The contract will be awarded to the lowest responsible bidder for the grand total of all of the bid items
listed in the proposal.
2-02 STANDARD SPECIFICATIONS AND STANDARD DRAWINGS
1.
2.
3.
4.
5.
. 6.
7.
8.
Subdivision Manual-dated July 2002
Standard Specifications for Public Works Construction - 2000 Edition "Greenbook"
2000 Regional Supplement Amendments to Standard Specifications for Public Works
Construction (Greenbook Regional Supplements),
San Diego Area Regional Standard Drawings-dated March 2000
City of Chula vista Standard Special Provisions - dated September 2002 (Excluding
CVC-3&4)
City of Chula Vista Department of Public Works Design and Construction Standards,
2002 Edition
Portions of The State of California, Department of Transportation, Standard Plans and
Standard Specifications pertaining to traffic signals, signage, striping, and safety
devices-dated July 1999.
State of California Manual of Traffic Controls - dated 1996.
All provisions applicable to the work to be performed in accordance with these drawings and Special
Provisions of this project shall apply whether specifically referred to herein or not. References to these
various standards have been made in the Special Provisions. These references apply directly to the work
the Contractor is to perform.
(A) Re!!ulations and Codes
Use Section 86-1.02.
2-03 PUBLIC CONVENIENCE AND SAFETY (TRAFFIC CONTROL)
Public convenience and safety "shall be in accordance with Section 7-10 of the Standard Specifications for
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Public Works Construction, Section 7-10 of the Regional Supplement Amendments and Part I, Special
Provisions, General. Traffic control shall conform to "Manual of Traffic Controls", 1990 edition.
It is the responsibility of the Contractor performing work on a City street to provide traffic control plans,
to install and maintain the traffic control devices as well as such additional traffic control devices as may
be required to insure safe movement of traffic, bicycles, and pedestrians through and around the work
area and provide maximum protection and safety to construction workers. The Contractor shall submit a
traffic control plan for the approval of the City Engineer two weeks, prior to starting construction.
Whenever the Contractor's operations create a condition hazardous to traffic or to the public, Contractor
sha]], at his/her expense and without cost to the City take such measures that are necessary to prevent
accident, damage, or injury to the public. Water and/or mud ITomjacking operations sha]] be kept out to
the pedestrian and vehicle traffic lanes.
If driveways are to be closed temporarily due to construction, the owners shall be given a minimum
seventy two (72) hours advance notice and access to the businesses shall be maintained except as
approved by the Engineer. Major cross streets shall be kept open to two-way traffic at a]] times.
The Contractor sha]] notifY the City Traffic Engineer at least two (2) working days in advance of
implementing any construction detour at (619) 691-5237. The City Engineering Department reserves the
right to observe the traffic control plans in use and to make changes as field conditions warrant. Any
changes wi]] supersede the plans and will be done solely at the Contractor's expense.
When an existing pedestrian access route is blocked by construction, alteration, maintenance or
other temporary conditions, the traffic control plan shall include an alternate pedestrian access
route complying with the applicable requirements of the American with Disabilities Act (ADA) and
the latest adopted edition of Manual Uniform of Traffic Control Devises (MUTCD) and California
Supplements to the MUTCD.
The Contractor sha]] be fu]]y responsible for the adequacy of any traffic plan utilized, including the
suggested plan, for conformance with hislber intended construction schedule and staging and to provide
for its proper implementation.
Compensation for performing all the work necessary to comply with these provisions is considered as
included in the contract lump sum price paid for "Public Convenience and Safety (Traffic Control)" and
no additional compensation will be a]]owed therefore.
2-04 PROGRESS OF WORK AND TIME OF COMPLETION
The Contractor shall provide the City Engineer written notice of the specific date upon which he/she plans
to commence work. Notice shall be given at least FORTY-EIGHT (48) hours in advance. Once work is
started, the Contractor shall conduct operations for continuous progress of work on a daily basis.
(A) Construction Durin!! Periods of Rainfall
The Contractor shall take precautions to a]]ow flow of storm water during periods of rainfa]] such
that the flow wi]] not damage private property or construction being accomplished under this
contract. Any damage occurring shall be repaired at the expense of the Contractor, as well as
clean up of a]] areas required due to flow of mud, silt or debris ITom the construction operations.
The Contractor sha]] comply with all requirements of the Federal Environmental Protection
Agencies construction permit criteria associated with the Federal National Po]]ution Discharge
Elimination System.
Further, the Contractor shall ensure that the construction activities meet the provisions specified
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9-46
in the California RWQCB, San Diego Region, Order 2001-01, NPDES No. CASOI08758, and the
City of Chula Vista Storm Water Management and Discharge Control Ordinance (Chapter 14.20).
The Contractor is required to implement Best Management Practices (BMPs) during construction
to prevent pollution of the storm water conveyance systems. Also, adjacent storm drain inlets
shall be protected at all times during the construction of the new improvements.
Any costs incurred by the Contractor are considered included in the unit cost paid for the various
items of work.
(B) Completion of Work
It shall be agreed by the parties to the contract that all work called for under the contract in all
parts and requirements shall be finished or completed within the number of working days as set
forth in the Special Provisions.
It is further agreed that in case the work called for under the contract is not finished and
completed in all parts and requirements within the number of working days specified, the City
Engineer shall have the right to increase the number of working days or not, as he may deem best
to serve the interest of the City.
No extension of time will be granted for a delay caused by a shortage of materials unless the
Contractor furnishes to the City Engineer documentary proof that he/she has made every effort to
obtain such materials from all known sources and could not receive promise of delivery from any
available source in time to complete the work called for in the contract.
2-05 CALLS FOR INSPECTION
The Contractor shall give 24-hour notice on all calls for City inspection. Any work performed without
benefit of inspection shall be subject to rejection and removal. For inspections call (619) 397-6128.
2-06 REQUIRED SUBMITTALS
(A) Eauipment Lists and Drawings
Use Section 86-1.04.
The following submittals shall be received by construction/inspection after award and no later than the
commencement of work date:
a. Material list - may be submitted with the signed contract after award notification.
b. Traffic Control - shall be submitted and approved by the City prior to the
commencement of work.
(B) As Built Drawings
Specifications will be kept at all times at the job site, on which all changes or variations in the
work, including all existing utilities are to be recorded and/or corrected daily, and submitted to
the City Engineer when the work to be done is complete.
2-07 REMOVAL AND DISPOSAL OF EXISTING IMPROVEMENTS
All existing improvements required to be removed by construction of the new work shall become the
property of the Contractor unless otherwise noted and shall be removed and disposed of in accordance
with the provisions of Section 300-1 of the Standard Specifications, Regional Supplement Amendments,
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and as directed by the Engineer. Saw cutting of existing pavement/sidewalk and concrete prior to
removal will be required and shall be in accordance with Section 300-1 of the Standard Specifications.
The Contractor shall reduce or eliminate saw-cut slurry discharges to gutters, storm drains, and
watercourses. The Contractor shall Shovel, absorb or vacuum the slurry residue from the pavement,
sidewalk or gutters and remove from the site at the end of the day or job (whichever is sooner).
Compensation for saw cutting, removal and disposal of excess material is considered included in the
contract price paid for "Removal and Disposal of Existing Improvements" and the Sawcut, Removal, and
Disposal of Exist. Sidewalk" and no other compensation will be allowed therefore.
Compensation for removal and disposal of excess material, pavement, berm, concrete, slab-work, block-
walls, fences, bushes. Trees, roots (24 inches below finish grade), etc., is considered included in the
contract price paid for in various items in this contract. No additional compensation shall be paid to the
Contractor for expenses incurred for repairing or replacing private utilities (e.g., water, gas, electric,
telephone, etc.) damaged during the removal of the various improvements.
The Contractor shall remove and reset street signs in conflict with the work or as directed by the
Engineer. Sign posts destroyed or damaged during removal shall be replaced by the Contractor. If
required, new signs shall be provided by the City. The concrete base of existing sign post shall be
removed prior to resetting. Compensation for this is considered included in the contract unit price paid
for various items of work.
The Contractor has sole discretion on the means of hauling away the removal items. The Contractor may
use Contractor's own vehicles and employees to haul waste that in incidental to the contract. If the
Contractor self hauls waste material, he/she must designate the specific State permitted landfill or
recycling facility that will be used to dispose of any waste material generated on the job. If the Contractor
does not designate a State permitted disposal site, he/she shall obtain a hold harmless agreement
acceptable to the City Risk Manager and the City Attorney.
If the Contractor subcontracts for waste hauling, he/she is obligated to use the franchised waste disposal
company that has an agreement with the City of Chula Vista Conservation Coordinator at (619) 691-
5122. For a listing of commercial recycling services, or construction, demolition and yard waste sites,
call the County of San Diego at (619) 974-2661.
2-08 PROTECTION A.,,'ID RESTORATION OF EXISTING IMPROVEMENTS
Protection and restoration of existing improvements shall conform to Section 7-9 of the Standard
Specifications and as described below.
The Contractor shall be responsible for the protection of public and private property adj acent to the work
and shall exercise due caution to avoid damage to such property. Damage to the property outside the
work area shall be replaced at the Contractor's expense.
The Contractor shall repair or replace all existing improvements within or adjacent to the right of way
which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walks, signs, utility
installations, pavements, structures, etc.) which are damaged or removed as a result of his operations.
Repairs and replacements shall be at least equal to existing improvements, and shall match them in finish
and dimension. Old material shall be replaced with new materials at the Contractor's expense.
Trees, lawn and shrubbery that are not to be removed shall be protected from damage or injury. If
damaged or removed because of the Contractor's operations, they shall be restored or replaced in, as
nearly the original condition and location as is reasonably possible. Lawns shall be reseeded (like kind)
and covered with suitable mulch. This will be done at the Contractor's expense.
When a portion of a sprinkler system within the right-of-way/easement must be removed, the remaining
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lines shall be capped and shall be restored immediately or before the completion of the project.
Work performed under this section will ensure that the private property will be restored to an "as good as"
or "better than" condition as compared with conditions existing prior to commencement of construction.
The Engineer shall determine whether or not the private property has been restored satisfactorily.
Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all
the work involved in protecting and restoration of existing improvements is considered included in the
various items in this contract.
2-09 CONSTRUCTION SURVEYING
The Contractor shall protect all existing monuments. Monuments destroyed by the Contractor shall be
replaced by the City of Chula Vista Land Surveying Group to be paid by the Contractor.
2-10 NOTIFICATION OF UTILITY COMPANIES AND CITY
The Contractor :shall notifY all utility companies before starting work and shall coordinate his work with
the company representative. The location of the utilities shall be marked out at the project site before the
Contractor beginning work.
For location of existing facilities, contact the following:
San Diego Gas and Electric Co.
Pacific Bell Telephone
Cox Cable T.V.
Chula Vista Cable
Otay Water District
Sweetwater Authority
City of Chula Vista
800-422-4133
800-422-4133
800-422-4133
800-422-413 3
800-422-4133
800-422-4133
800-422-413 3
Section 4216/4217 of the government code requires a dig alert identification number be issued before a
"Permit to Excavate" will be valid. For a dig alert J.D. number, call Underground Service Alert toll free
at 1-800-422-4133 two working days before digging.
.
The Contractor shall notifY the City's Engineering Inspection Division at (619) 397-6128 forty-eight
hours before commencing work, and twenty-four hours in advance for calls for inspection. All work done
without benefit of inspection will be subject to rejection and removal.
No additional compensation shall be paid to the Contractor for expenses incurred for repairing or
replacing private utilities (e.g., water, gas, electric, telephone, etc.) damaged during the removal of the
various improvements.
2-11 SUBCONTRACTORS
In accordance with the Subletting and Subcontracting Fair Practices Act commencing with Section 4100
of the Public Contract Code:
Each proposal shall have listed therein the name and address of each subcontractor to whom the bidder
proposes to subcontract portions of the work in amount of Yo of 1% of the total bid or $10,000, whichever
is greater.
The bidder's attention is directed to the other provisions of said act related to penalties for failure to
observe the provisions by using unauthorized subcontractors or by making unauthorized substitutions.
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A sheet listing subcontractors as required herein is included in the proposal. All subcontractors are
required to have a valid City of Chula Vista business license before a notice to proceed may be issued.
The Contractor shall comply with Section 2-3.1 of the Standard Specifications and Regional Supplement
Amendments and perform at least 50% of the contract work with his/her own organization.
2-12 CHANGE IN QUANTITY OF WORK
The City shall have the option to increase or decrease the unit quantity for all bid items in the proposal by
any amount without a change in contract unit prices. There will be no adjustment in compensation as
permitted in Section 3-2 of the Standard Specifications.
2-13 DAMAGE
Should any work under this contract damage or cause to be damaged any item or items not scheduled to
be removed, such items shall be restored to their original condition and position, or shall be replaced, all
at the Contractor's expense. All repairs or replacements shall be performed to the satisfaction of the
Project Engineer.
2-14 CLEANING AND CLEAN-UP
Contractor shall not permit the adjacent property, public or private, to become dirty and unsightly because
of work under this section or specifications.
Use water or other means to control dust generated by work noted herein. All water and equipment
necessary to provide dust control shall be included in the unit price paid for various items of work.
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APPENDIX A
ILLUSTRATION
.
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..
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ESTABLISHING THE "MEDIAN FENCE
INSTALLATION ALONG OTAY LAKES ROAD AND EAST H
STREET (TF-342)" CAPITAL IMPROVEMENT PROJECT
AND APPROVING A BUDGET TRANSFER FROM THE
EXISTING "NOISE STUDY FOR PROPERTIES IN THE
VICINITY OF THE 1-805 CORRIDOR (STM-353)" PROJECT
NECESSARY TO COMPLETE THE PROJECT.
WHEREAS, the installation of a median fence along the frontage of Bonita Vista High
School along Otay Lakes Road and East H Street is necessary to enhance pedestrian safety by
preventing jaywalking across those high vehicular volume street segments; and
WHEREAS, in FY 2004/2005, $75,000 was budgeted into STM353 "Noise Study for
Properties in the Vicinity of the 1-805 Corridor"; and
WHEREAS, with the current Direct Access Ramp (DAR) Project being administered by
CALTRANS and SANDAG, all technical studies that are required in this area (including noise
wall studies) are funded as part of this regional project; therefore, the $75,000 budgeted into the
CIP project ST353 is not needed due to the 1-805 corridor regional project; and
WHEREAS, since the created CIP project STM353 is no longer necessary, there is
sufficient balance to transfer $50,000 of the remaining funds for funding the installation of the
fencing along the frontage of Bonita Vista High School. The current balance of project STM353
is $72,003.
NOW, THEREFORE, be it resolved that the City Council of the City of Chula Vista does
hereby establish the "Median Fence Installation along Otay Lakes Road and East H Street (TF-
342)" capital improvement project and approve a budget transfer in the amount of $50,000.00
from the existing "Noise Study for Properties in the Vicinity of the 1-805 Corridor (STM-353)"
Project to the "Median Fence Installation along Otay Lakes Road and East H Street (TF-342)"
necessary to complete the project.
Presented by
Approved as to form by
\-lLe<-t0 ~
Ann Moore
City Attorney
Leah Browder
Acting Director of Engineering
9-52
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ACCEPTING BIDS, AWARDING A
CONTRACT, AND APPROVING THE FORM OF THE
CONTRACT FOR THE "MEDIAN FENCE
INSTALLATION ALONG OTAY LAKES ROAD AND
EAST H STREET (TF-342)" TO SAN DIEGO FENCE
COMPANY, INC.
WHEREAS, Section 1009 of the Charter of the City of Chula Vista stipulates that if a
cost of a public works project is more than twenty-five thousand dollars ($25,000.00) but less
than fifty thousand dollars ($50,000.00), the City Council may let said contract without
advertising for bids after the City Manager or his designated agent has secured competitive bids
from interested contractors; and
WHEREAS, the City Engineer requested bids fiom three reputable contractors
(specializing in fencing installation) for the installation of median fencing along the fiontage of
Bonita Vista High School, without formal advertisement, since the project was estimated to be
below $50,000; and
WHEREAS, three contractors submitted bids to perform the work as follows:
Ii Contractor
r- -
I American Fence Company
:South Bay Fence Inc.
.1 San Diego Fence Company
I
----i
i
---t-~
i
Bid Amount
$69,986.00
$51,171.65
$43,791.91
3
,
J'I
I
WHEREAS, staff has reviewed the low bid submittals and recommends awarding the
contract to San Diego Fence Company in the amount of$43,791.91; and
WHEREAS, Council has established the "Median Fence Installation along Otay Lakes
Road and East H Street (TF-342)" capital improvement project and approved a budget transfer
in the amount of $50,000.00 fiom the existing "Noise Study for Properties in the Vicinity of the
I-80S Corridor (STM-353) Project" to the "Median Fence Installation along Otay Lakes Road
and East H Street Project (TF-342)". Of this amount, $43,791.91 will cover the contractor's
cost, while the remaining $6,280.09 will be used to cover contingencies and staff cost; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act and has determined that the
project qualifies for a Class I categorical exemption pursuant to Section 15301(f) Existing
Facilities of the State CEQA Guidelines. Thus, no further environmental review is necessary.
NOW, THEREFORE, be it resolved that the City Council of the City of Chula Vista does
hereby accept bids and award the contract for the "Median Fence Installation along Otay Lakes
9-53
.
Road and East H Street Project (TF-342)" in the amount of $43,791.91 to San Diego Fence
Company, Inc.
BE IT FURTHER RESOLVED that the City Council approves the form of the contract
for the "Median Fence Installation along Otay Lakes Road and East H Street Project (TF-342)"
in the amount of $43,791.91 to San Diego Fence, Inc. The City Council also authorizes and
direct the Mayor to execute the final form of the contract on behalf of the City of Chula Vista
following review by and consultation with the City Attorney and Director of Engineering.
Presented by
Approved as to form by
~~f:--' tl../. ~
Ann Moore
City Attorney
Leah Browder
Acting Director of Engineering
9-54
.
COUNCIL AGENDA STATEMENT
Item J D
Meeting Date 4/11/06
ITEM TITLE:
Report on the City's Graffiti Abatement Program
Resolution Amending the FY 06 budget by appropriating $63,000
from the available balance of the Fleet Management Fund to purchase
equipment
Director of Public Works Operations -1
/,1
City Manager 'j/ ~>1. JlR (4/5 Vote: Yes-X- No->
On March 1, 2005, Council approved modifications to the graffiti ordinance to address the
growing problem of graffiti on public and private property by reducing the amount of time
within which graffiti must be removed. Staff is now returning to Council with a status report on
the new graffiti program, which identifies issues and/or successes the program has experienced
since implementation.
SUBMITTED BY:
REVIEWED BY:
RECOMMENDATION: That Council:
1) Accept the report on the City's Graffiti Abatement Program
2) Adopt the Resolution amending the FY 06 budget by appropriating $63,000 from
the available balance of the Fleet Management Fund to purchase equipment
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
Background.
The graffiti abatement program was previously a collaborative effort by Planning and Building,
Police, and Public Works Operations and was coordinated by the Police Department. However,
since graffiti continued to be an issue throughout the city, oversight of the graffiti abatement
program was shifted totally under Public Works Operations. Code Enforcement and Police
continue to be involved as is appropriate.
The graffiti abatement program is now designed to take the sting out of being a victim by
providing a cost free process for graffiti removal for residents and businesses of the City of
Chula Vista. The program's mission is:
10-1
Page 2, Item ! 0
Meeting Date 4/11/06
"To deliver, in a timely manner, a comprehensive, cost-effective, environmentally
sound, and technically reliable graffiti removal, education, and prevention program
for the residents of the City of Chula Vista".
Graffiti Abatement Proeram.
Previously, a responsible party had seven days to remove graffiti. If still present after that time
period, the City could enter onto a person's property and remove graffiti after holding a hearing
and waiting five days. As a result, it took at least two weeks, and in most cases three to four
weeks, to remove graffiti from a property when the owner chose not to or was unable to abate the
nuisance. To correct this problem, Council approved an ordinance amendment on March I,
2005, that gave City crews the authority to remove graffiti on private property 48 hours after the
property owner is notified; thereby ensuring that the nuisance is abated in a more timely manner.
Rapid removal is key to any graffiti abatement program. When graffiti is allowed to remain on a
property and it is not promptly removed, it invites even more markings and criminal activity,
creating an atmosphere that deteriorates the City's quality of life and fosters a general fear of
crime. The majority of those individuals who paint graffiti seek notoriety and recognition of
their graffiti as they attach status to having their work seen. Thus, prolonged visibility due to the
sheer volume, scale and complexity of the graffiti, and placement of the graffiti in hard-to-reach
places, enhance the person's satisfaction. Research consistently demonstrates that prompt
graffiti removal plays a key role in reducing graffiti levels because it diminishes the level of
recognition and reward achieved by offenders.
In order to accommodate the change in the City's ordinance requiring that graffiti on private
property be removed by City crews and along the right of way within two days of notification,
Council approved a second two-person graffiti crew, a Senior Public Works Specialist, and a
Graffiti Paint-Matching Vehicle. The total ongoing cost for this staff and services & supplies is
$176,432 annually.
.
Since January of 2006, staff has met the 48-hour guideline 96 percent of the time. Prior to
January, due to limitations in the Work Management System (WMS), staff did not appropriately
track when consent was obtained from property owners. As a result, work orders were created
for all graffiti requests even though consent may not have been granted. Consequently, crews
were sent to certain addresses (without consent) and had to return at a latter date after consent
was obtained, thereby skewing the data. However, staff has since adjusted the WMS to help
correct this issue and will continue to track the consent process to ensure graffiti is eradicated
(after receiving consent) within 48 hours.
Changes to the graffiti ordinance have been in place for approximately a year. Provided below
are some issues and successes that have arisen during the first year of the program.
10-2
Page 3, Item /0
Meeting Date 4/11/06
Keeping Property Owner Waivers on File.
The goal of the graffiti abatement program is to get permission from residents and businesses to
allow City crews to remove graffiti on their property "at no cost" to them so that they won't be
inconvenienced with removing graffiti themselves. As soon as graffiti is reported, the City
requests that the property owner sign a consent form that allows City crews to remove it. Once
that permission is granted, a City crew is dispatched to remove or paint over graffiti within 48
hours.
Some delays to remove graffiti on private property occurred in the beginning of the new program
because of delays in obtaining signed waivers from property owners. To expedite obtaining
consent, staff attaches a self-addressed envelope to each form. Furthermore, staff picks up forms
when called by property owners. The City's website has also been modified to provide
individuals with a quick and easy way to download the consent form. Based on these
adjustments, consent is usually provided in a timely manner, thereby allowing crews to meet the
48-hour guideline. These consent forms remain on file, and should vandals strike again, the
department takes immediate action. To-date, over 300 consent forms have been signed and are
on file.
Of course, if a property owner prefers to remove graffiti on their own, they have that option as
long as the graffiti is eradicated within 48 hours. The Public Works Operations Department is
committed to providing free removal or painting over graffiti as swift removal is the most
effective way of combating this very serious problem.
Graffiti Hot Line.
Residents and businesses can report graffiti or request assistance with graffiti removal through
the 24-hour Graffiti Hotline. However, some delays to remove graffiti occurred in the beginning
of the new program because some reports received (by voice mail) via the hotline, did not
include a valid address/location and did not provide enough information for staff to "fmd" the
graffiti. Consequently, the graffiti hotline voice mail's message was modified to prompt the
caller to: I) leave the address where the graffiti is located; 2) provide a description of the surface
the graffiti is located on (such as a curb, fence, sign, or utility box); 3) callers reporting graffiti
on curbs and sidewalks are asked to indicate whether graffiti is on the north, south, east, or west
side of the street; and 4) asks for a name and daytime phone number of the person reporting
graffiti, so that staff can contact the person if additional information is needed. Prior to these
modifications, six messages resulted in individuals not providing enough information. Since
implementation of the new program, a total of 150 calls reporting graffiti were left via the hot
line.
Graffiti on commercial property.
Some commercial buildings have large visible wall areas, which represent tempting targets for
taggers. Some delays to remove graffiti on commercial property occurred in the beginning of the
new program because some graffiti was placed over 12 feet high on certain buildings, thereby
requiring a lift or bucket truck normally utilized by a tree crew, traffic signal crew and/or
10-3
Page 4, Item 10
Meeting Date 4/11706
electrician. Previously, crews tried to obtain a lift or bucket truck the same day they planned to
remove the graffiti. However, by reserving the necessary equipment from General Services,
Engineering and/or Public Works Operations a day or two after receiving notice, crews complete
graffiti removal above first-story levels within the 48-hour guideline.
Non-Storm Water Discharge Recovery Equipment.
The Regional Water Quality Control Board prohibits the discharge of non-storm water into the
storm drain system. As a result, all non-storm water must be captured before reaching storm
drainage systems and then properly disposed.
Public Works: Operations currently operates two pressure washers for the graffiti abatement
program. Graffiti placed on surfaces such as curbs, sidewalks, and streetlight poles require
removal by pressure washing. Staff currently utilizes an l800-watt generator and a l6-gallon
vacuum when pressure washing in order to recover water run-off to prevent it from entering the
storm drain system. A crew is currently able to pressure wash an area for only four minutes
before the vacuum, which recovers water, reaches full capacity. After which, a crew must stop
pressure washing in order to dispose of the captured water. After disposing of the water, the
crew returns to the job site and continues pressure washing until the vacuum is full again. This
process is repeated until the graffiti has been eradicated. As a result, removing large areas of
graffiti by pressure washing is currently a very time-consuming process.
Therefore, to ensure that the graffiti abatement program is environmentally safe and is in
compliance with Regional Water Quality Control Board regulations, staff recommends
purchasing a flatbed truck outfitted with a pressure washing system that will reclaim, filter, and
reuse water at a cost of$57,000. This equipment will replace the existing truck and enable crews
to complete graffiti requests more quickly by utilizing a system that allows pressure washing
without limitations (since the runoff water is recycled). Purchasing this equipment will also help
ensure that graffiti continues to be removed within the 48-hour guideline. In addition, staff
proposes to retrofit an existing trailer-mounted pressure washer with recovery equipment at a
cost of $6,000.
If the existing truck is not replaced, crews will have to stop pressure washing due to
environmental regulations, which will impact crews meeting the 48-hour graffiti removal
guideline.
Graffiti Eradication Van.
To enhance the City's graffiti abatement program, Council approved a graffiti eradication van.
The van will gives the graffiti crews the ability to match paint colors on the scene. Graffiti crews
currently covers graffiti with available colors that do not always match the existing wall or object
color. The new equipment allows for color matching so precise that the graffiti will be virtua1ly
undetectable. Once the crew creates a custom color to cover graffiti at a particular site, staff then
has the option to leave a gallon of this custom paint with the property owner to use in case of
reoccurrence. The van is now anticipated to arrive in mid-May.
10-4
Page 5, Item I(]
Meeting Date 4/11706
Provided is a summary of why the van's arrival has been delayed:
. The Request for Proposal was sent in March of2005;
. The bid was awarded to Dispensing Technology Corporation (DTC) in April of2005;
. Production of the 2005 models ended in April of2005;
. Production of the 2006 models didn't start until July of2005;
. It took Ford Motor Company three months to build the chassis (August of2005);
. Morgan Olson built the custom body for the van (according to City's specifications) and
delivered it to DTC in December of2005; and
. DTC has installed most of the necessary equipment; however, DTC doesn't anticipate
receiving the custom cabinetry ordered for the van until April 12th,
The graffiti abatement van will be an excellent addition to the services the City already offers in
the fight against graffiti and promotes strong and safe neighborhoods.
Pro\1:ram Information.
Public Works Operations has received 1,232 reports of graffiti (from April 1, 2005 - February
28, 2006). The following is a breakdown of the property "type" on which graffiti was reported.
It is anticipated that these types of graffiti will continue to be reported consistent with the data
outlined in each category.
Graph A:
Graffiti Program
Type of Report Received
(4/1/05 .2/28/05)
400
350
300
250
200
150
100
50
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. Other facilities include curbs, streets, channels, streetlight poles, etc,
10-5
Page 6, Item /0
Meeting Date 4/ll706
Approximately three percent of the reports are "not found". This means the address given is not
correct, the graffiti is not found upon inspection (may already have been removed), or the
property identified as having graffiti (i.e. primarily fences) is not found at or near the address
provided.
Only four property owners (residential) throughout the city paint or remove their own graffiti.
Large commercial buildings such as Costco, Wal-Mart, and Target also remove their own
graffiti.
Over 29 percent or 360 reports were for graffiti on walls, which represents the highest percentage
of calls.
As indicated above, the department has received 181 reports of graffiti on utility boxes.
However, analysis of the data revealed that 971 utility boxes were eradicated. This data
indicates that crews are removing graffiti "as they see it" as opposed to waiting for someone to
report it. San Diego Gas & Electric, and Cox Cable currently have active graffiti removal
programs. SBC currently provides the department with paint to complete graffiti eradication on
their utility boxes. A total of 758 utility boxes were painted for SBC.
Since the new program was implemented, Public Works Operations has completed 580,903
square feet of graffiti eradiation throughout the city. The data collected reveals that 52% of
graffiti reported, occurred on private property (residential and commercial). Provided below is a
breakdown of the square feet by property-type based on overall percentages.
Graph B:
Graffiti Eradication
580,903 Square Feet
(411/05 - 2/28/06)
commercial
(large)
9%
commercial
(small)
3%
residential
40%
__ public
facilities
48%
10-6
Page 7, Item IC
Meeting Date 4/11/06
Approximately 40 percent or 229,866 square feet of graffiti was eradicated at residences through
out the city at a cost of approximately $56,400.
A total of 12 percent or 69,211 square feet of graffiti was eradicated on commercial property
citywide at a cost of approximately $22,300 (includes utility boxes).
A total of 48 percent or 281,826 square feet of graffiti was eradicated from City property and
rights of way at a cost of approximately $124,600.
Since implementation, the new program has cost approximately $203,300 for graffiti eradication
citywide.
Routing and Scheduling Issue.
Routing and scheduling of crews and vehicles is a necessary yet time-consuming task vital to the
day-to-day operation of graffiti eradication. Currently this task is completed manually.
However, due to the continued growth of the city, the Department must be open and ready to
best use appropriate technologies in order to be more efficient and effective in deploying
departmental staff and equipment.
Therefore, staff recommends the purchase of ArcLogistics Route software. This software is a
stand-alone end user application designed to solve complex, point-to-point routing and
scheduling problems, enabling users to create and manage sets of routes. The ArcLogistics
Route software will allow Public Works Operations to:
. Improve graffiti removal services throughout the community through efficient routing;
. Promptly respond to work orders, thereby ensuring graffiti is abated within 48 hours of
notification;
. Increase the number of graffiti removal stops daily; and
. Create more efficient route territories or areas with balanced workloads for crews.
The total cost for purchase and implementation of the ArcLogistics Route software is $10,000.
Training, setup, and integration are included in this amount. The software will be used on a trial
basis by the department. If the software works as well as expected, staff plans to purchase a
license for street maintenance crews to assist with pothole repair. Each license costs $6,000 (no
discount is available with the purchase of multiple licenses).
Public Education Campaigns.
The new program was advertised in the "Spring of 2005" edition of the Spotlight and in the San
Diego Union-Tribute. Staff plans to conduct a number of pubic outreach campaigns to educate
students and the general public about the negative effects of graffiti and the importance of their
prevention and quick removal.
10-7
Page 8, Item I':
Meeting Date 4/1 1/06
FISCAL IMPACT:
The total impact to the Fleet Management Fund for the purchase of a flatbed truck, outfitted with
a pressure washing system, and to retrofit an existing trailer-mounted pressure washer with
recovery equipment, is $63,000 (a one-time cost). The impact to the General Fund will be
$9,500 annually for equipment maintenance and replacement costs.
The purchase and implementation of the ArcLogistics Route software will cost $10,000.
Training, setup, and integration are included in this amount. This cost will be absorbed in the
current year's budget.
C:\Documents and Settings\robertb\My Documents\Bob\Al13 Graffiti Report FY06.doc
10-8
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FY 06 BUDGET BY
APPROPRIATING $63,000 FROM THE AVAILABLE
BALANCE OF THE FLEET MANAGEMENT FUND TO
PURCHASE EQUIPMENT
WHEREAS, the graffiti abatement program was previously a collaborative effort by
Planning and Building, Police, and Public Works Operations and was coordinated by the Police
Department; and
WHEREAS, since graffiti continued to be an issue throughout the City of Chula Vista,
oversight of the graffiti abatement program shifted totally under Public Works Operations; and
WHEREAS, on March 2, 2005, Council approved modifications to the graffiti ordinance
to address the growing problem of graffiti on public and private property by reducing the amount
of time within which graffiti must be removed; and
WHEREAS, staff is now returning to Council with a status report on the new graffiti
program, which identifies any issues and/or successes the program has experienced since
implementation; and
WHEREAS, to ensure that the graffiti abatement program is environmentally safe and is
in compliance with Regional Water Quality Control Board regulations, staff recommends
purchasing a flatbed truck outfitted with a pressure washing system that will reclaim, filter and
reuse water at a cost of $57,000; and
WHEREAS, in addition, staff proposes to retrofit an existing trailer-mounted pressure
washer with recovery equipment at a cost of $6,000; and
WHEREAS, staff recommends the purchase of ArcLogitstics Route software. This
software is a stand-alone end user application designed to solve complex, point-to-point routing
and scheduling problems, enabling users to create and manage sets of routes; and
WHEREAS, the total cost for purchase and implementation of the Arc Logistics Route
software is $10,000; and
WHEREAS, the total impact to the General Fund is $9,500 annually for equipment
maintenance and replacement costs.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista accepts the report on the City's Graffiti Abatement Program, and amends the FY06 budget
by appropriating $63,000 from the available balance of the Fleet Management Fund to purchase
equipment
10-9
Presented by
Dave Byers
Director of Public Works Operations
J:\attorney\reso\financelAmend FY 06 PWOPS
Approved as to form by
~00.-t0
Ann Moore
City Attorney
10"210
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RECEIVED
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Mayor and City Council
City Of Chula Vista
276 Fourth Avenue
Chula Vista, Ca 91910
619.691.5044 - 619.476.5379 Fax
'OS APR -4 AlO :22
CIlY OF
CHUlA VISTA
CITY OF CHUI,A Y..JTUMO
CITY CLERK'~tVflG.D
Tuesday, April 04, 2006
TO:
Lorraine Bennett, City Clerk
FROM:
Zaneta Salde Encarnacion, Constituent Services Manager
RE:
Board of Appeals and Advisors
Mayor Padilla would like to recommend Mr. William E. Hieronimus for appointment to fill the vacancy
left by Mr. Edward Nagoski on the Board of Appeals and Advisors.
Please place on the next council agenda for ratification.
Please calI if you have any questions.
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