HomeMy WebLinkAbout2006/09/26 Agenda Packet
I declare under penalty of perjury that I am
employed by the City of Chula Vista In the
Office of the City Clerk and that I posted thl'~ ~ '-t--
en~ ~~q~~ bU:~: board according ':~~
~tb;;; Signed ~~o;
VISTA
Stephen C. Padilla, Mayor
Patricia E. Chavez, Councilmember Jim Thomson, Interim City Manager
John McCann, Councilmember Ann Moore, City Attorney
Jerry R. Rindone, Councilmember Susan Bigelow, City Clerk
Steve Castaneda, Councilmember
September 26, 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 AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. OATHS OF OFFICE
Jolyn DePriest, Human Relations Commission
Kathleen Marshall, International Friendship Commission
William Canedo, Nature Center Board of Trustees
Patricia Moriarty, Safety Commission
DID YOU KNOW...THAT CHULA VISTA HAS A NEW MULTI-FAMILY RECYCLING
PROGRAM? Presented by Lynn France, Conservation Coordinator, General Services
Department. (Continued from September 19,2006).
CONSENT CALENDAR
(Items 1 through 5A)
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 removed for 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. ORDINANCE OF THE CITY OF CHULA VISTA DESIGNATING THE
APPOINTING AUTHORITY FOR THE POSITION OF INTERGOVERNMENTAL
AFFAIRS COORDINATOR IN THE DEPARTMENT OF MAYOR AND COUNCIL
(SECOND READING)
Adoption of this ordinance will designate appointing authority for the positio~ in the
Department of Mayor and Council as the Mayor and Council collectively. This
ordinance was introduced on September 19, 2006) (City Attorney)
Staff recommendation: Council adopt the ordinance.
2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS, REJECTING BIDS DUE TO DISPARITIES IN THE BID
PROPOSAL, AND AWARDING CONTRACT FOR "THIRD A VENUE SIDEWALK
IMPROVEMENTS, BETWEEN "D" STREET AND FOURTH AVENUE, IN THE
CITY OF CHULA VISTA, CA (STL-299)" PROJECT, AUTHORIZING THE MAYOR
TO EXECUTE THE CONTRACT, AND AUTHORIZING THE EXPENDITURE OF
THE AVAILABLE CONTINGENCIES FOR THE PROJECT
On September 13 2006, the General Services Director received and opened sealed bids
for this proj ecl. The work to be done consists of the construction of the missing curb,
gutter and sidewalk along the west side of Third Avenue between "D" Street and Fourth
Avenue. Other appurtenant work associated with this project includes cross-gutter,
driveway, pedestrian ramps, street pavement, retaining walls, storm drain and various site
specific improvements to restore properties and existing improvements affected by the
project construction to an equal or better than condition. (General Services Director)
Staffrecommendation: Council adopt the resolution.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING ADDITIONAL HOMELAND SECURITY GRANT FUNDS FOR THE
LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM FOR THE YEARS
2004 AND 2005, AND AMENDING THE FISCAL YEAR 2006/2007 EMERGENCY
SERVICES SUPPLIES AND SERVICES BUDGET BASED UPON UNANTICIPATED
REVENUES (4/5THS VOTE REQUIRED)
The City of Chula Vista recently submitted two requests to the California Office of
Homeland Security to transfer grant funds from the Quartermaster purchasing system to
the City of Chula Vista based upon significant issues with being able to purchase much
needed homeland security equipment in a cost-effective and timely manner. Adoption of
the resolution accepts the additional grant funds, and amends the Fiscal Year 2006/2007
Emergency Services, Supplies and Services budget by appropriating $90,873 for the Law
Enforcement Terrorism Prevention Program. (Information Technology Services
Director)
Staff recommendation: Council adopt the resolution.
Page 2 - Council Agenda
http://www.chulavistaca.gov
September 26, 2006
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING $410,731 FROM THE OFFICE OF TRAFFIC SAFETY FOR THE
SELECTIVE TRAFFIC ENFORCEMENT PROGRAM, ADDING ONE POLICE
AGENT, AND APPROPRIATING FUNDS THEREFOR (4/THS VOTE REQUlRED)
The Police Department received funding from the Office of Traffic Safety to develop and
implement a program focusing on traffic enforcement strategies to reduce the number of
persons killed and injured in traffic collisions. The funding will create a dedicated Agent
position in the Traffic Unit to oversee the Selective Traffic Enforcement Program
(STEP). (Police Chief)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WANING THE FORMAL BIDDING PROCESS AS IMPRACTICAL AND
AUTHORIZING THE CITY'S PURCHASING AGENT TO NEGOTIATE PURCHASE
ORDERS DlRECTLY WITH HANSON AGGREGATES, INCORPORATED FOR
PROCUREMENT OF AGGREGATE PRODUCTS TO COMPLETE STREET
MAINTENANCE TASKS BY CITY CREWS
Adoption of the resolution waives the formal bidding process and authorizes the City's
Purchasing Agent to negotiate purchase orders directly with Hanson Aggregates, Inc., as
the only remaining aggregate supplier in the South Bay, for procurement of aggregate
products to complete street maintenance tasks by Public Works Operations Crews.
(Public Works Operations Director)
Staffrecommendation: Council adopt the resolution.
5.A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING REQUESTS FROM BONITA BUSINESS AND PROFESSIONAL
ASSOCIATION TO CONDUCT THE BONITAFEST AND BONITAFEST PARADE
ON SATURDAY SEPTEMBER 30, 2006 AND WANING ASSOCIATED FEES FOR
POLICE SERVICE AND TRANSIT BUS SERVICES
The Bonitafest Committee and its sponsoring organization, the Bonita Business and
Professional Association (BBPA), is requesting permission to conduct the 34th Annual
Bonitafest on Saturday, September 30, 2006. (Police Chief)
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.
Page 3 - Council Agenda
http://www.chulavistaca.gov
September 26, 2006
PUBLIC HEARINGS
The following items have been advertised as public hearings as required by law.
Jf 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 THECHULA VISTA MUNICIPAL
CODE TO ADD THE PROHffiITION OF SMOKING IN CITY PARKS
The City Council asked staff to analyze the effects of smoking in City parks at the
November 15, 2005 Council meeting. Furthermore, the Parks and Recreation
Commission also independently asked staff to look at banning smoking in City parks.
Based on staffs analysis, it is recommended that smoking be prohibited in City parks.
(Public Works Operations Director).
Staff recommendation: Council open the public hearing and continue it to a date certain
of October 10, 2006.
7. CONSIDERATION OF AN AMENDMENT TO THE CHULA VISTA MUNICIPAL
CODE TO ADD THE REQUIREMENT FOR PHYSICIANS TO PROVIDE PROOF OF
CURRENT MEDICAL LICENSE PRIOR TO ISSUANCE OF A CHULA VISTA
BUSINESS LICENSE
This public hearing was noticed for September 26, 2006. Staff is recommending that the
public hearing be continued to a date certain of October 10, 2006 to allow additional
review. (Planning and Building Director)
Staff recommendation: Council open the public hearing and continue it to a date certain
of October 10, 2006.
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. Jfyou 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.
8. UPDATE REPORT ON OTAY RANCH EASTERN URBAN CENTER SECTIONAL
PLANNING AREA (SPA) PLAN
The report will provide the City Council with an overview of the objectives for the
Eastern Urban Center envisioned in the City's planning documents and an overview of
the transportation systems, which are planned to serve the Eastern Urban Center.
(Planning and Building Director)
Staff recommendation: Council accept the report.
Page 4 - Council Agenda
http://www.chulavistaca.gov
September 26, 2006
7:00 P.M.
9. INTERVIEWS AND APPOINTMENT TO FILL VACANCY ON THE PORT
COMMISSION
OTHER BUSINESS
10. CITY MANAGER'S REPORTS
II. MAYOR'S REPORTS
12. COUNCIL COMMENTS
Deputy Mayor McCann: Formation of Health Care Ad Hoc Committee to study the
status of health care facilities and current services provided for the City of Chula Vista.
(Continued from September 19, 2006).
ADJOURNMENT to the Regular Meeting on October 3, 2006 at 4:00 p.m. in the Council
Chambers.
In compliance with the
AMERICANS WITH DISABILITIES ACT
The City of Chula 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 Devicesfor the Deaf(TDD) at (619) 585-5655. California Relay Service is
also available for the hearing impaired.
Page 5 - Council Agenda
http://www.chulavistaca.gov
September 26, 2006
t>.Dop\\O~
"0 \\~\"G ~O
AN ORDINANCE OF THE CITY OF CHU~~C$lST A
DESIGNATING THE APPOINTING AUTHORITY FOR
THE POSITION OF INTERGOVERNMENTAL
AFFAIRS COORDINATOR IN THE DEPARTMENT OF
MAYOR AND COUNCIL
ORDINANCE NO.
WHEREAS, the position of Intergovernmental Affairs Coordinator is currently
under the Department of Mayor and Council; and
WHEREAS, it was transferred from the Manager's Office to the Department of
Mayor and Council by Council action in August 2004; and
WHEREAS, pursuant to Charter section 304(b)(6), it is a duty of the Mayor to
supervise personnel assigned to the Mayor/Council office; and
WHEREAS, pursuant to Charter sections 501 and 505, it is the intent of the City
Council of the City of Chula Vista to designate that the position of Intergovernmental
Affairs Coordinator shall serve at the will of the Mayor and Council, with the
Councilmembers collectively authorized to appoint and remove an employee from the
position.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as
follows
The City Council of the City of Chula Vista hereby designates that the position of
Intergovernmental Affairs Coordinator in the Department of Mayor and Council shall
serve at the will of the Mayor and Council. The Councilmembers collectively shall serve
as appointing authority for the position.
Submitted by:
Approved as to form by:
~~Ol'.~i"~~
Ann Moore
City Attorney
Ann Moore
City Attorney
J :\Attorney\Ordinance\lntergovernmental A ffairs_ 09-19-06.doc
1-1
COUNCIL AGENDA STATKMENT
..-;
Item C"~
Meeting Date: 09/26/06
ITEM TITLE:
Resolution Accepting bids, rejecting bids due to disparities in
the bid proposal, and awarding contract for "Third A venue Sidewalk
Improvements, Between "D" Street and Fourth Avenue, in the City of
Chula Vista, CA (STL-299)" project; authorizing Mayor to execute said
contract; and authorizing the expenditure of the available contingencies for
the proj ect
Director of General service~.~5tr-
~ ~.~
City Manager} i
(4/5ths Vote: Yes_Nol)
SUBMITTED BY:
REVIEWED BY:
On September 13, 2006, at 2:00 p.m., the Director of General Services received seven (7) sealed
bids for the "Third Avenue Sidewalk Improvements, Between "D" Street and Fourth Avenue
(STL-299)" project. The work for the project primarily involves the construction of the missing
curb, gutter and sidewalk along the west side of Third Avenue between "D" Street and Fourth
Avenue. Other improvements associated with the project include cross-gutter, driveway,
pedestrian ramps, street pavement, retaining walls, storm drain and various site specific
improvements to restore properties and existing improvements affected by the project
construction to an equal to or better than condition. Further, all labor, material, equipment,
traffic control and transportation necessary for the project is also included.
RECOMMENDATION: That Council adopt resolution.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Capital Improvement Program (CIP) budget for FY2006-07 includes funding for the design
and construction of the "Third Avenue Sidewalk Improvements, Between "D" Street and Fourth
Avenue (STL-299)" project.
The "Third Avenue Sidewalk Improvements, Between "D" Street and Fourth Avenue (STL-
299)" project will primarily construct the missing curb, gutter and sidewalk along the west side
of Third Avenue, between "D" Street and Fourth Avenue, in the City ofChula Vista, California.
Other proposed improvements associated with the project include cross-gutter, driveway, curb
and gutter, pedestrian ramps, street pavement, retaining walls, storm drain and various site
specific improvements to restore properties and existing improvements affected by the project
construction to an equal to or better than condition.
2-1
Page 2, Item
Meeting Date:
~
09/26/06
Drainage improvements are proposed in order to convey runoff associated with the project and
areas within the vicinity. The proposed drainage improvements will include installing new RCP
pipe underground and constructing a curb inlet and cleanouts at certain critical locations as
determined by the engineer of work.
In addition, this resolution authorizes the expenditure of the available contingencies for the
project. According to City Council Policy No. 574-01, if a change order exceeds the cumulative
contract change order aggregate amount allowable to be approved by the Director of Public
Works Operations, City Council approval is required. However, approval of tonight's resolution
will increase the Director of Public Works Operations' authority to approve change orders as
necessary up to the total contingency amount. As evident by the difference in bid amounts below,
underground projects typically have more unforeseen conditions because the existing
improvements beneath the surface are not completely known. Even though every feasible effort
(as-builts research, potholing, field survey) has been made to anticipate any conflicts, there is a
possibility once the underground work begins, unknown conditions will cause the project costs to
increase. In addition, construction of this improvement will occur during the rainy season and
could cause an increase in project cost due to extra protection measures necessary when rain is
eminent.
Biddinl!: Process
City staff received and opened bids on Wednesday, September 13, 2006 at 2:00 p.m. The
determination of the low bid was based on the total of the base bid amount. The City received
bids from seven (7) contractors as follows (bids sorted by the base bid amount):
CONTRACTOR BASE BID
1. Portillo Concrete, Inc. $310,965.90
Lemon Grove, California
2. Tri-Group Construction and
Development, Inc. $322,750.00
Powav, California
3. Koch-Armstrong Gen. Eng., Inc $357,095.90
Lakeside, California
4. Ramona Paving & Construction
Corp., Inc. $361,593.00
Ramona, California
5. HMS Construction, Inc. $399,853.00
San Marcos, California
6. Petil Construction & Eng., Inc.
San Diego, California $262,650.00
(Non-Resnonsive: Math Error)
7. MJC Construction, Inc.
Bonita, California $326,997.00
(Non-ResDonsive: Math Error)
2-2
Page 3, Item
Meeting Date:
.,
V'
09/26/06
Staff thoroughly reviewed all bids and it was determined Petil Construction & Eng., Inc.
although appeared to be the low bid, was not a responsive bidder. There were mathematical
errors in their proposal bid prices, therefore, staff is recommending, in accordance with the
Proposal Requirements and Conditions of the contract, rejecting the bid presented by Petil
Construction as "non-responsive". The bid proposal from MJC Construction, Inc. also contained
mathematical errors, therefore, staff is rejecting their bid declaring it "non-responsive".
Based on the disqualification of the original first low bidder, the second lowest bid submitted by
Portillo Concrete, Inc. was reviewed by City staff for potential award. The total low base bid
from Portillo Concrete, Inc. in the amount of $310,965.90 fully complied with all bid
requirements and was below the Engineer's estimate of $350,000.00 by $39,034.10 or
approximately 11.0%.
Design staff has verified the references provided by Portillo Concrete, Inc. and has found their
work to be satisfactory. Portillo Concrete, Inc. has also completed several CIP projects for the
City with satisfactory results. The Contractor's License Number for Portillo Concrete, Inc
(680144 / Class A) is clear and current. Therefore, staff recommends awarding the base bid
contract to Portillo Concrete, Inc in the amount of$310,965.90.
Disclosure Statement
Attached is a copy of the contractor's Disclosure Statement as Attachment A.
Environmental Status
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act (CEQA) and with the National Environmental Policy
Act (NEPA). The Environmental Review Coordinator has determined that the project qualifies
for a Class 3 Categorical Exemption pursuant to Section 15303 (New Construction or
Conversion of Small Structures) of the State CEQA Guidelines and Categorical Exclusion
(subject to Sec. 58.5) pursuant to the U.S. Department of Housing and Urban Development
(RUD) guidelines for implementing NEP A. Thus, no further environmental review is necessary.
Decision Maker Conflicts
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet of the property which are the subject of this action.
2-3
Page 4, Item d-
Meeting Date: 09/26/06
Fiscal Impact
The tables below detail the funds required and the funds available for the project:
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount ($310,965.90) $310,965.90
B. Contingencies 15% $46,644.88
C. City Oversight (Administration and Inspection) $335,489.22
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $693,100.00
FUNDS AVAILABLE FOR CONSTRUCTION
A. RCT $219,605.00
B. TDA $173,495.00
C. TRANSNET $300,000.00
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $693,100.00
There are sufficient funds held by the City to fully offset all costs associated with the
construction of this project, with no impact to the General Fund. Upon completion of the subject
project, the improvements will require only routine City maintenance.
Attachment: 1 - Disclosure Statement
M:\General Services\GS Administration\Council Agenda\STL-299\STL299-Council Report-rev.doc
2-4
ATTACHHENT 1
City of Chuia Vista Disclosure Sbtemellt
Pursuar.t to Council Policy 101-01, prior to any action upon matters t':!at will require discretionary action
by the Council, Planning Commission and all other official bodies of t..'le City, a statement of disclosure of
certain ownership or fmancial interests, payments, or campaign contribuTIons for a City of Chula Vista
election must be filed. The following information must be disclosed:
1. List the names of all persons having a fma.'1cial interest lTI the property that is the subJec! of the
application or the contract, e.g., O'W1ler, a"pplicant, ccrrt:actor, subcontractor, material supplier.
M\9'ile
2. If any person* identined pursuant to (1) above is a corporaticn or partnership, list the names of all
indivicuals with a $2000 investment in the business (corporatiorJ]J21Wenhip) entity.
f-.J1A
,
3. If any person* idenrinec. pursuant ro (1) above is a non-profit organization or trust, list the names
of any person serving as dirr=~tor of the ncn-profit orgarization or as trustee or beneficiary or
trustor 0 f t'le trust.
!}J!A
4. Please identify every pencn, including any agents, employees, consultants, or independent
contrac!ors you have assigned to represent you before the City in wis oatrer.
~!A
S. Has any person' associa!ed wim dUs contract had any nna."lcoal dealings with an official*' of lh.e
Cicy of Cnula Vista as it relates to this contract withi"l the past 12 months? Yes_ No-X-
14
M. \Engmeer\D ESI GN\StI299\CODITact3'STL299-CONTRACT(.gao?doc
liYes, briefly describe the nature arthe fmancial interest the official" may have in this contraCT.
t-J/I's
6. Have you made a contribution of more than $250 ...ithin the past t;;Nelve (12) months to a curreJ:t
member of the Chula Vista City Council? No )tYes _ If yes, which Council member?
7. Have you provided more tha."'1 $340 (or an item of equivalent value) to an official" of the City
ofChula Vista in 1:.c'le past h'ielve (12) months? (Tills 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:
aA?J/o(c;
.
~" /) /1
~ )t(~~J (j~
Signature of Contractor! Applicant
Ma.r\o POlt1\\'O
Prm, or type name of Contractor! Applicant
,
Person is defined as: any individual, firm, co-partnership, joint venture, association, social
club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county,
ci!:'J, municipali!:'}, 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.
M ,\Engineer\D ES IGNIS tl199lContractslSTL19 9-CONTRACT(~1J~.dOC
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ACCEPTING BIDS, REJECTING
BIDS DUE TO DISPARITIES IN THE BID PROPOSAL,
AND AWARDING CONTRACT FOR "THIRD A VENUE
SIDEWALK IMPROVEMENTS, BETWEEN "D"
STREET AND FOURTH A VENUE, IN THE CITY OF
CHULA VISTA, CA (STL-299)" PROJECT;
AUTHORIZING MAYOR TO EXECUTE SAID
CONTRACT; AND AUTHORIZING THE
EXPENDITURE OF THE A V AILABLE
CONTINGENCIES FOR THE PROJECT
WHEREAS, on September 13, 2006, the Director of General Services received seven (7)
sealed bids for the "Third Avenue Sidewalk Improvements, Between "D" Street and Fourth
Avenue (STL-299)" project:
CONTRACTOR BASE Bm
1. Portillo Concrete, Inc. 5310,965.90
Lemon Grove, CA
2. Tri-Group Construction and Development, Inc. 5322,750.00
Powav, CA
3. Koch-Armstrong Gen. Eng., Inc $357,095.90
Lakeside, CA
4. Ramona Paving & Construction Corp., Inc. $361,593.00
Ramona, CA
5. HMS Construction, Inc. 5399,853.00
San Marcos, CA
6. Peti] Construction & Eng., Inc.
San Diego, CA $262,650.00
(Non-ResDonsive: Math Error)
7. MJC Construction, Inc.
Bonita, CA $326,997.00
(Non-Responsive: Math Error)
WHEREAS, the original low bid, submitted by Petil Construction & Eng., Inc. is below
the Engineer's estimate of $310,965.90 by $48,3 ]5.90, however, a subsequent review of the
contractor's bid proposal by City staff uncovered mathematical errors in the bid proposal
calculations; and
WHEREAS, the bid proposal from MJC Construction, Inc. also contained mathematical
errors; and
2-7
Resolution No. 2006-
Page 2
WHEREAS, the Proposal Requirements and Conditions of the contract specify that errors
in bid responses are cause for rejection of the bid as "non-responsive"; and
WHEREAS, City staff recommends that the original low bid submitted by Petil
Construction, Inc. and the bid submitted by MJC Construction, Inc. be declared "non-
responsive" and rejected by Council;
WHEREAS, based on the disqualification of the first low bidder for the project, the
second lowest bid for the project submitted by Portillo Concrete, Inc. was reviewed by City staff
for potential award; and
WHEREAS, the second lowest bid is below the Engineer's estimate of $310,965.90 by
$39,034.10 or approximately II %; and
WHEREAS, City staff has verified the references provided by the contractor and their
work has been satisfactory; and
WHEREAS, Portillo Concrete, Inc. has also completed several CIP projects for the City
with satisfactory results; and
WHEREAS, City staff recommends awarding the contract to Portillo Concrete, Inc. of
Lemon Grove, CA, in the amount of $310,965.90; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act (CEQA) and with the National
Environmental Policy Act (NEP A). The Environmental Review Coordinator has determined that
the project qualifies for a Class 3 Categorical Exemption pursuant to Section 15303 (New
Construction or Conversion of Small Structures) of the State CEQA Guidelines and Categorical
Exclusion (subject to Sec. 58.5) pursuant to the U.S. Department of Housing and Urban
Development (BUD) guidelines for implementing NEPA. Thus, no further environmental
revIew IS necessary.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Chula
Vista does hereby reject the bids of Petil Construction, Inc. and MJC Construction, Inc., but
accepts the others, and awards a $310,965.90 contract for the Third Avenue Sidewalk
Improvements, Between "D" Street and Fourth Avenue (STL-299)" project; and authorizes the
expenditure of the available contingencies for the project.
Presented by
Approved as to form by
Jack Griffin
Director of General Services
~ ~"-!~\\
Ann Moore
City Attorney
J:\Attomey\RESO\BIDS\Sidewalk improvement bid Third Ave. (STL299L09-26-06 reso.doc
2-8
.~
COUNCIL AGENDA STATEMENT
Item:
Meeting Date:
"
J
9/26/06
ITEM TITLE:
RESOLUTION ACCEPTING ADDITIONAL
HOMELAND SECURITY GRANT FUNDS FOR THE LAW
ENFORCEMENT TERRORISM PREVENTION PROGRAM
FOR THE YEARS 2004 AND 2005 AND AMENDING THE
FY 2006/2007 SUPPLIES AND SERVICES BUDGET OF
THE FEDERAL GRANTS FUND BASED UPON
UNANTICIPATED REVENUES.
SUBMITTED BY:
Director of ITSIV
City Manager 11'
(4/5ths Vote: YesLNo ->
REVIEWED BY:
The City Of Chula Vista recently submitted two requests to the California Office
of Homeland Security to transfer grant funds from the Quartermaster purchasing
system to the City Of Chula Vista based upon significant issues with being able
to purchase much needed homeland security equipment in a cost-effective and
timely manner.
RECOMMENDATION:
That Council approves the resolution accepting additional Homeland Security
grant funds and amending the FY 2006/2007 supplies and services budget of the
Federal Grants Fund as follows:
1) Appropriating $38,663.53 to the 2004 Law Enforcement Terrorism
Prevention Program 2004; and
2) Appropriating $52,209.60 to the 2005 Law Enforcement Terrorism
Prevention Program.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
The City Of Chula Vista has utilized the Quartermaster purchasing system, which
was originally set up to help streamline the purchasing process for various
homeland security equipment and supplies. Council approved this action on
3-1
Page 2,ltem: .3
Meeting Date: 9/26/06
January 1 ih, 2006. Fisher Scientific Inc. was the purveyor of the Quartermaster
system. Instead of having to go through the sometimes-lengthy process of
researching various vendors for equipment, this system was created to try and
get equipment and supplies to the grantees as quickly as possible. This system
allowed on-line ordering and would make payment through credits allotted to the
system via the City's request to put funds into the Quartermaster system.
However, various systemic issues have actually made the purchasing process
through the Quartermaster purchasing system problematic. Issues such as items
within the Quartermaster catalogue must be made in the USA, therefore
eliminating significant amounts of electronic equipment from the on-line
catalogue. The approval process through the Quartermaster system also
became cumbersome, with approval times extending for months at a time, in
addition to the already lengthy initial grant approval times. Therefore, the
decision was made to withdraw the City's LETPP grant funds from the
Quartermaster system and proceed with the City's own efficient purchasing
system.
The proposed resolution accepts the remaining grant funds for LETPP 2004 and
LETPP 2005. The money for both of these grants will be used to purchase the
following equipment:
LETPP 2004 - Night vision scopes for Patrol Operations.
LETPP 2005 - Two Laptop computers, portable radios, NAAK Mark I Auto-
injectors, night vision equipment, binoculars, NIOSH pocket guides, and
additional radio equipment.
DECISION MAKER CONFLICTS:
Staff has reviewed the decision contemplated by this action and has determined
that it is not site specific and consequently the 500 feet rule found in the
California Code of Regulations section 18704.2(a)(1) is not applicable to this
decision.
FISCAL IMPACT:
There is no net fiscal impact to the City. All appropriations will be made to the
Federal Grants Fund (fund 272), which will be fully offset through grant funds
from the U.S. Department of Homeland Security.
3-2
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING ADDITIONAL HOMELAND SECURITY
GRANT FUNDS FOR THE LAW ENFORCEMENT TERRORISM
PREVENTION PROGRAM FOR THE YEARS 2004 AND 2005
AND AMENDING THE FY 2006/2007 EMERGENCY SERVICES
SUPPLIES AND SERVICES BUDGET BASED UPON
UNANTICIPATED REVENUES.
WHEREAS, the City Of Chula Vista has utilized the Quartermaster
purchasing system purveyed by Fisher Scientific Inc. which was originally set up
to help streamline the purchasing process for various homeland security
equipment and supplies; and
WHEREAS, various systemic issues have actually made the purchasing
process through the Quartermaster purchasing system problematic; and
WHEREAS, the decision was made to withdraw the City's Law
Enforcement Terrorism Prevention Program grant funds from the Quartermaster
system and proceed with the City's own efficient purchasing system; and
WHEREAS, the FY 2006/2007 Emergency Services budget will be
amended by appropriating $90,873 for supplies and services.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of
Chula Vista does hereby accept additional homeland security grant funds for the
Law Enforcement Terrorism Prevention Program for the years 2004 and 2005
and amend the FY 2006/2007 Emergency Services budget by appropriating
$90,873 for supplies and services.
Presented by:
Approved as to form by:
Louie Vignapiano
Director of ITS
~<N\~ '\\\~(k~\
Ann Moore
City Attorney
3-3
COUNCIL AGENDA STATEMENT
Item:
Meeting Date: 9/26/06
4
ITEM TITLE: RESOLUTION ACCEPTING $410,731 FROM THE
OFFICE OF TRAFFIC SAFETY FOR THE SELECTIVE TRAFFIC
ENFORCEMENT PROGRAM, ADDING ONE POLICE AGENT
AND APPROPRIATING FUNDS THEREFOR.
SUBMITTED BY, Chi,f of POIi~
REVIEWED BY: City Manager (j I (4/5ths Vote: YesLNo _l
The Police Department has received funding from the Office of Traffic Safety to develop
and implement a program focusing on traffic enforcement strategies to reduce persons
killed and injured in traffic collisions. This funding will create a dedicated Agent position
in the Traffic Unit to oversee the Selective Traffic Enforcement Program (STEP).
RECOMMENDATION: That Council adopt the resolution accepting $410,731 from the
Office of Tratfic Safety for the Selective Traffic Enforcement Program, adding one Police
Agent to the authorized staffing level of the Police Department and amending the FY
2006/2007 Police budget by appropriating $155,103 for personnel costs, $3,000 for
supplies and services and $41,200 for equipment.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
A recent citizen's survey of Chula Vista residents found that traffic issues - speeding,
aggressive driving and running red lights - topped the list of concerns. In response to
these concerns, the Police Department proposes to participate in the Selective Traffic
Enforcement Program (STEP), which is administered by the Office of Traffic Safety.
The STEP program will enhance the existing traffic unit of the Police Department by
adding one Police Agent, and employ overtime on various enforcement operations, with
the main goal of reducing fatalities and injuries in traffic collisions. Monthly DUI/driver
license checkpoints and DUI roving patrols will be conducted along with enhanced
traffic safety enforcement operations. This program will also develop a "Hot Sheet"
program to notify patrol and traffic officers to be on the lookout for identified repeat DUI
offenders with suspended or revoked driver licenses who get behind the wheel after
leaving court. Enforcement operations will target red light runners, aggressive
speeders, drivers with vehicles equipped with illegal street racing equipment and
unbelted vehicle occupants. Additionally, enforcement operations will be directed to
4-1
Page 2,ltem: Y
Meeting Date: 9/26/06
intersections with disproportionate number of traffic crashes. The STEP program will
also seek vOluntary compliance with traffic laws by generating publicity throughout the
two-year grant period (10/1/06 - 9/30/08).
The objectives of the STEP program complement the efforts made by the City's
Neighborhood Traffic and Pedestrian Safety program. The general focus of both
programs is to improve traffic safety and reduce accidents in the City. The Police
Department believes that the enhanced traffic enforcement efforts of the STEP program
will provide invaluable benefits to the Chula Vista community. Because traffic safety will
always be a major concern for our City, it is the Department's intention to continue this
program beyond the life of the grant.
As part of the June 8th, 2006 budget workshop, the Police Department presented
various staffing recommendations for the FY 2007 budget. Included in this presentation
were the details of this grant program. The Department indicated that an appropriation
outside of the normal budget process would be needed later in the fiscal year, as the
Department had not yet received final approval of the grant from the Office of Traffic
Safety. The Department has since received final approval for this grant and is now
seeking adoption of this resolution.
DECISION MAKER CONFLICT:
Staff has reviewed the decision contemplated by this action and has determined that it
is not site specific and consequently the 500 feet rule found in the California Code of
Regulations section 18704.2(a)(1) is not applicable to this decision.
FISCAL IMPACT:
The grant funding from the Office of Traffic Safety (OTS) in the amount of $410,731 will
offset the cost of implementing the Selective Traffic Enforcement Program. Along with
the salaries/benefits costs of the Agent to oversee the STEP program and the overtime
for the enforcement operations, there will be one-time expenses of supplies/equipment,
which include a fully equipped police motorcycle, a handheld radar unit,
educational/promotional items, a handheld breath tester, and a crash data retrieval
system. The City will absorb the ongoing costs to continue the program after the grant
expires in September 2008, creating a net fiscal impact to the General Fund as detailed
in the table on the following page.
STEP Program Costs
OTS Funding
Net 1m act to General Fund
$199,303
$199.303
$0
$218,259
$172.246
$46,013
$224,620
-.-$39.182
$185,438
$233,606
$0
$233,606
4-2
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $410,731
FROM THE CALIFORNIA OFFICE OF TRAFFIC
SAFETY FOR THE SELECTIVE TRAFFIC
ENFORCEMENT PROGRAM, ADDING ONE
POLICE AGENT AND APPROPRIATING FUNDS
WHEREAS, the Police Department was awarded a two-year grant from
the California Office of Traffic Safety for the Selective Traffic Enforcement
Program (hereafter referred to as STEP); and
WHEREAS, the STEP program focuses on traffic enforcement strategies
to reduce persons killed and injured in traffic collisions; and
WHEREAS, the STEP grant funds will be used to create a dedicated
traffic enforcement position and add one Police Agent to the authorized staffing
level of the Police Department; and
WHEREAS, the grant funds will also be used to purchase equipment and
materials for the STEP program.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of
Chula Vista does hereby accept $410,731 from the California Office of Traffic
Safety for the Selective Traffic Enforcement Program, adds one Police Agent to
the authorized staffing level of the Police Department and amends the FY
2006/2007 Police budget by appropriating $155,103 for personnel costs, $3,000
for supplies and services and $41,200 for equipment.
Presented by:
Approved as to form by:
Richard P. Emerson
Police Chief
~~\'\\SH~r>~
Ann Moore
City Attorney
J:\Attorney\RESO\POLlCE\Accepting $410K from Ote of Traffic Safety (09w26.06).doc
4-3
COUNCIL AGENDA STATEMENT
Item S
Meeting Date 09/26/06
ITEM TITLE: Resolution Waiving the formal bidding process as impractical and
authorizing the City's Purchasing Agent to negotiate purchase orders (PO's)
directly with Hanson Aggregates, Inc. for procurement of aggregate products
to complete street maintenance tasks by City crews
SUBMITTED BY: Director of Public Works Operations 17
Director of Finance sP
/
REVIEWED BY: City Manager JI (4/5 Vote: Yes_ No...K.J
Over the past several years, the aggregate products industry within the San Diego region has been
consolidating. The only remaining aggregate supplier in the South Bay is Hanson Aggregates, Inc.
located at the east end of Main Street. Hanson Aggregates, Inc. now owns and operates most of the
aggregate suppliers in San Diego County. The next closest aggregate suppliers are located in
Mission Valley and Carroll Canyon. Therefore, due to the proximity of Hanson Aggregates Inc.
compared to other aggregate suppliers in San Diego County, staff recommends waiving, as
impractical, the normal bidding process under provision 2.56.070 of the Chula Vista Municipal
Code.
RECOMMENDATION: That City Council adopt the Resolution waiving the formal bidding
process as impractical and authorizing the City's Purchasing Agent to negotiate purchase orders
(PO's) directly with Hanson Aggregates, Inc. for procurement of aggregate products to complete
street maintenance tasks by Public Works Operations crews.
BOARDS/COMMISSIONS: N/ A.
DISCUSSION:
Over the past several years, the aggregate products industry within the San Diego region has been
consolidating. The only remaining aggregate supplier in the South Bay is Hanson Aggregates
located at the east end of Main Street. Their products include: Crushed Aggregate Base (CAB),
Sand, Gravel, and Structural Backfill materials, and pre-mixed Portland Cement Concrete (PCC).
They also furnish aggregates to the only "Hot Plant" remaining in the South Bay, California
Commercial Aggregate, LLC (CCA, LLC), which produce Asphalt Concrete (AC) and supply
Emulsified Asphalts. This company, formerly California Commercial Asphalt Corporation joined
with Hanson Aggregates in December of2005 to become CCA, LLC is located on Main Street near
Third A venue in Chula Vista. This was the latest in a long procession of buy-outs and mergers in the
region for the aggregate industry. Hanson Aggregates, Inc. currently owns and operates most of the
5-1
Page 2, Item 2
Meeting Date: 09/26/06
aggregate suppliers in San Diego County. The next closest aggregate suppliers are located in Mission
Valley and Carroll Canyon.
Material supply location is the single most important parameter affecting the responsiveness and
efficiency of our Public Works Operations crews. The nature of the work by our Street, Storm
Water, and Wastewater crews require "just in time" delivery for material transport to avoid costly
stand-by time of labor, equipment and/or delays in restoring public services.
Typical repairs made by City crews are very labor intensive. The materials cost is a relatively small
portion when considering the total labor and equipment required for the work. However, quick
access to these materials has a dramatic affect on overall costs of the operation. For example, travel
times to and from Mission Valley and other sources north of Interstate 8 take at least two hours and
can take as much as 4-5 hours depending on traffic conditions and potential delays at the plant. Idle
time of labor and equipment adds up quickly when waiting for materials to complete the work.
Emergency repairs for catastrophic failures such as pavement sinkholes, resulting from water main
breaks, sewer line or culvert failures, requires rapid access to aggregate materials. Consider the
implications if the repair is on a major arterial. The cost and responsiveness advantages for short
turn around on material acquisition cannot be overstated.
In the last year, the prices of aggregate products have risen dramatically in large part due to price
escalations in fuels, oils, and cement coupled with increased demand on the world market. In
addition, due to increasing environmental regulation and diminishing resources, many quarries
throughout the region have closed. In this environment, suppliers have been reluctant to guarantee
fixed prices for more than a few months to small quantity users. For these reasons, the benefits of
soliciting bids continues to diminish, especially when one considers the importance of supplier
proximity to the city.
To date, the expenditures for the purchase of aggregate products fell within the authorized limits of
the Purchasing Agent and/or the City Manager. Furthermore, in the current limited competitive
market, it has been "in the best interest of the City" and has been the practice over the last several
years, to waive the bidding process and negotiate PO's directly with the suppliers.
Between material costs increases, 54% to 68% depending upon the type, and increased demand due
to the continued growth of the city, Public Works Operations anticipates spending over $250,000
during the current fiscal year to keep our crews furnished with materials adequate to maintain the
city's infrastructure.
Decision Maker Conflict.
Not Applicable. Staff has reviewed the decision contemplated by this action and has determined that
it is not site specific and consequently the 500 foot rule found in California Code of Regulations
section I 8704.2(a)(l) is not applicable to this decision.
5-2
FISCAL IMPACT:
Funds for these materials are included in the FY06-07 Budget.
Attachment:
Disclosure Form for Hanson Aggregates, Inc.
K:\Public Works Operations\Agenda Statements FY06\Aggregate Products supply contracts-2.doe
5-3
Page 3, Item 5
Meeting Date: 09/26706
09/19/2006 09:11 F~1 619 J97 6259
praLIC WORKS CENTER
~001
City of ChuJa Vista Disclosure Statement
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action
by the Council, Planning Conunission and all other official bodi~s of the City, a :,Wement of disclosure of
certain owner;hip or financial interests, payments, or campaign contributions ~Jr. a City of Chula Vista
election must be filed. The following information must be disclosed:
1. Ltst 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, applieant, contracinr, subcontraClor, material supplier,
H CUtS ()", ClJf'~..f.a ks
PCK: ,".?:'r , 'YJH. ~ ~J;rc.
2. If my person' identified pursuant to (1) above is a corporation or partDCl'ship, list the nam~s of all
individuals with a $2000 investment in the business (corporation/partnenhip) entity.
AJI4
3. Ifany persen' idenllfied pursuant to (I) above is a non-profit organization or trust, list the names
of any p=on serving as director of the non-profit organizallon or as trustee or beneficiary or
trustor of the trust.
^, I A
4. Please identify every person, including any agents, employees, consultants, or independent
l;Ontractors you bave assigned to represent you before the City in this m;'tter.
pq IJ,' d .c:,-b'~r::>9.....
I
fYtc-U k. L-~ "J
1)",,,,(" '+.UfA.M, e I
~ "..1,;' J..b...oeJ (
p ,p~~t' 7..o..&;;ec.. r
J
5, Has any person' associated with this contract bad any financial dealin!,s with an official" of the
City ofChula Vista as it relates to this contract within the past 12 mont],s? Yes_ No*
5-4
09/19/2006 09:11 F.~1 619 397 B259
PUBLIC WORKS CENTER
IilI 002
If Yes, briefly describe the nature of the financial interest the official" may have in this contract.
;() / A-
I
6.
Have you m<u::le a contribution of more than $250 within the past twelw (12) months to a current
member of the Chula Vista City Council? No 2( Yes _ Jfyes, which C'mncil member?
...!:I !+o...t.U..... ~.-. -=-J::;c. ~<;; h.."... I"'UPJ-e ,otA IkJ~ c-I,.,'~ 6#"1 d.
./t16(J- foil ~"I Sk-<.CtS-kAt:d,q U
Have you provided more than $340 (or an item of equivalent vaIue) to an official" of the City
of Chula Vista in the past twelve (12) months? (1bis includes being a source of income, money to
retire a legal debt, gift, loan, etc.) Yes _ No X
7.
If Yes, which official" and what was the nature of item provided?
t'lBv ..
. .
Date 9/1'7/0 "
Si
,
Person is defined as: any individual, firm, co-partnership, joint ventun" association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, any other couury, 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 ofa board, commission, or committee of the City, employee, or staff members.
5-5
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE FORlvlAL BIDDING PROCESS
AS IMPRACTICAL AND AUTHORIZING THE CITY'S
PURCHASING AGENT TO NEGOTIATE PURCHASE
ORDERS (POs) DIRECTLY WITH HANSON AGGREGATES,
INe. FOR PROCUREMENT OF AGGREGATE PRODUCTS TO
COMPLETE STREET MAINTENANCE TASKS BY CITY
CREWS
WHEREAS, the only aggregate supplier in the South Bay is Hanson Aggregates, Inc.,
located at the east end of Main Street; and
WHEREAS, Hanson Aggregates, Inc., currently owns and operates most of the aggregate
suppliers in San Diego County. The next closest aggregate suppliers are located in Mission Valley
and Carroll Canyon; and
WHEREAS, material supply location is the single most important parameter affecting the
responsiveness and efficiency of the Public Works Operations crews. The nature of the work by the
Street, Storm Water, and Wastewater crews require "just in time" delivery for material transport to
avoid costly stand-by time of labor, equipment and or delays in restoring public services; and
WHEREAS, travel times to and from Mission Valley and other sources north ofInterstate 8
take at least two hours and can take as much as four to five hours depending on traffic conditions
and potential delays at the plant. Idle time of labor and equipment adds up quickly when waiting for
materials needed to complete the work; and
WHEREAS, emergency repairs for catastrophic failures such as pavement sinkholes,
resulting from water main breaks, sewer line or culvert failures, require rapid access to aggregate
materials; and
WHEREAS, due to material costs increases, ranging from 54 to 68 percent depending upon
the material required, and increased demand for materials due to the continued growth of the City,
Public Works Operations anticipates spending over $250,000 during the current fiscal year to keep
our crews furnished with materials adequate to maintain the City's infrastructure.
5-6
Resolution No. 2006-
Page 2
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
waive the formal bidding process as impractical and authorize the City's purchasing agent to
negotiate purchase orders (POs) directly with Hanson Aggregates, Inc. for procurement of aggregate
products to complete street maintenance tasks by City crews.
Presented by
Approved as to form by
Dave Byers
Director of Public Works
~kt.l.5\~~~~\.\
Ann Moore
City Attorney
j :\Attomey\RESO\AGREEMENTS\Hanson Aggregates _ 09-26-06.doc
5-7
COUNCIL AGENDA STATEMENT
Item No
Meeting Date
5A
9/26/06
ITEM TITLE:
Resolution Approving requests from Bonita Business and
Professional Association to conduct the Bonitafest and
Bonitafest parade on Saturday, September 30, 2006 and
waiving associated fees for police service and transit bus
service.
Chief of POIiC~
~I
City Manager / (4/5ths Vote: Yes_ No U
SUBMITTED BY:
REVIEWED BY:
The Bonitafest Committee and its sponsoring organization, the Bonita Business and
Professional Association (BBPA), is requesting permission to conduct the 34th
Annual Bonitafest on Saturday, September 30, 2006 (Attachment A).
RECOMMENDATION: That Council adopt the resolution approving a temporary
closure of Bonita Road subject to staff conditions and waiving associated fees for
police service and transit bus service.
BOARDS/COMMISSIONS RECOMMENDATIONS: Not Applicable
DISCUSSION: The Bonita Business and Professional Association (BBPA) is
sponsoring the 33rd Annual Bonitafest event on Saturday, September 30, 2006.
They are requesting a temporary street closure of Bonita Road to stage the parade.
The street closure would involve Bonita Road between Willow Street and Otay
Lakes Road. Both Willow Street and Otay Lakes Road will remain open at all times
during the closure. Streets intersecting Bonita Road between these points would
also be affected during the parade. The parade is scheduled to take place between
10:00 AM and 12:00 PM; the street closure would be in effect from approximately
8:00 AM until 1 :00 PM to allow for staffing dispersion of the parade participants. A
diagram of the area is attached (Attachment B).
The parade will consist of marching units, marching bands, floats, and other motor
driven units, as well as equestrian units. All horses will be ridden by their owners.
Streamers, balloons and noise making devices will not be permitted along the
parade route. City of Chula Vista traffic and police units will be provided and the
fees waived. City Public Works crews will hang banners along Bonita Road and
Otay Lakes Road and remove them after September 30th.
The street closures would have an impact on City bus service in the area. Transit
has agreed to cancel and re-route bus service in the area during the parade. Transit
has agreed to erect signs advising of interrupted service.
A City bus will be provided, at no cost, to shuttle attendees from Bonita Vista High
School to Bonita Road throughout the day.
5A-
Item No SA
Meeting Date 9/26/06
Staff approval is recommended subject to the following conditions:
1. Prior to the event, both the BBPA (the Bonitafest sponsor) and Rotary District
5340 (sponsor of the parade) provide evidence, acceptable to the City, of
insurance for their respective sponsorships in the form of a Certificate of
Insurance and Policy Endorsement in the amount of $5 million naming the
City of Chula Vista as additional insured, and their insurance as primary.
2. Provide adequate traffic control equipment and "no parking" signs as
specified by the Chula Vista Police Department. This would include provision
of adequate signage, barricades, and traffic control equipment as specified by
the County of San Diego and the Sheriffs Department.
3. Provide adequate Police coverage at the event as determined by the Chula
Vista Police Department through coordination with the Chula Vista Police
Department and the County of San Diego (traffic and safety police will be
provided by the City of Chula Vista and the fees waived).
4. Return all City-owned property to pre-use condition including arrangements
for professional street sweeping and adequate trash control and disposal
throughout the affected area within twenty-four (24) hours after the event.
5. Provide a letter acceptable to the City Attorney from the BBPA in which the
BBPA agrees:
(1) Not to sue the City, its agents and employees for any act arising
from Bonitafest; and
(2) To defend, indemnify, release, protect and hold harmless, the City,
its agents and employees from any and all liability arising from
Bonitafest, excluding only that liability which may arise from the
sole negligence or sole willful conduct of the City.
DECISION MAKER CONFLICT
No Property within 500 feet
Staff has reviewed the property holdings of the City Council and has found no
property holdings within 500 feet of the boundaries of the property which is the
subject of this action.
5A-J-
Item No ~P.
Meeting Date 9/26/06
FISCAL IMPACT
The Bonita Business Professional Association would be responsible for all additional
costs incurred in conducting the parade including provisions for traffic safety
equipment, street sweeping services, solid waste, recycling and litter abatement
services, and other related and required services and supplies. The Police
Department will be providing parade route traffic control services, the Transit
Authority will be providing a bus to shuttle attendee's between the staging area and
the parade location. The estimated cost to provide these services is $21,687 for the
Police Department (at full cost recovery rates) and $400 for the Transit Authority. By
authorizing this resolution, these fee's will be waived for this event.
Attachment: "A" - Letter from BBPA and City Manager
"B" - Parade Route
5/1-3
ATTACHMENT A
~Vt--
::id: :
~
CITY OF
CHULA VISTA
OFFICE OF THE CITY MANAGER
July 25, 2006
David M. Hoffman, Bonitafest Chair
do Bonita Business and Professional Association
PO Box 284
Bonita, CA 91908
Dear Mr. Hoffman:
This letter is in response to your request for assistance for the 34th Annual Bonitafest on
September 30, 2006.
At your request, the following City services will be provided in support of this event:
. City Public Works crews will hang banners along Bonita Road and Otay Lakes Road in
mid August and remove them after October 2, 2006.
. Traffic and safety police will be provided and the fees waived.
. A City bus will be provided, at no cost, to shuttle attendees from Bonita Vista High School
to Bonita Road throughout the day.
The City will not be providing a stage this year for the event. It is our understanding that
Bonitafest is eliminating altogetherfrom this event the performance(s) on this stage.
Best wishes for another successful event.
Sincer~
t!rhO~/:;----
Interim City Manager
JT:dt
cc: Police Chief Rick Emerson
Leah Browder, Acting Director of Engineering
Dave Byers, Director of Public Works
Andy Trujillo, Transit Coordinator
vSrephanie Kingston, Communications Specialist
276 FOURTH AVENUE' CHULA VISTA' CALIFORNIA 91910. (619) 691-5031 . (019) 409-5884
@ ~OSI.COI1SUr'Oe( q!:cY'l~d P~pi:r
5/7- if
ATTACHMENT A
BONITAFEST~
Celebrating Community Every September
Parodo
May 15,2006
~
City ofehul.. Vista
Offi~e of the City Attorney
2764"' Avenue
Chula Vista, CA 91910
ilr\! & Crans
SUBJECT: 34th Annual Bonitafest
~
As per your an:o,ual request, this is our letter of agre~ment
for Bonitafes!, we are offering the san>.e agreemeut this year
as follows;
Fllt)d
I) BBPA agrees not to sue the City ofehula Vista, it's agents
md employees for any act arising from Bonitafest; and
2)
to defend, indemnify, release, proteot and hold harmless the
City of Chula Vista, it's agents and employees from any and
all liability arising from Bonitafest, exduding only that liability
which may arise from the negligence or willful conduct from
the City of Chula Vista, it's agents or employees.
~
E~llerl.i~ment,
~~,.c~
Patricia R. Dolan, Executive Director
~
G~11 TOlllnamenl
~
i\f-elndJiOInU
SpoQSllred by the Bonita 8usiness and Prolesslonal AssoclaUon
!'oBI OllIe. Box 284 . Ilomlla. ell 91908
ph (619) 472~033 . www.bonltaOllUlornla.1I1.1l
~.~) .5
Item No 5 P<.
Meeting Date 9/26/06
ATTACHMENT "B"
PARADE ROUTE
5A~~
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCil OF THE
CITY OF CHUlA VISTA APPROVING
REQUESTS FROM BONITA BUSINESS AND
PROFESSIONAL ASSOCIATION TO CONDUCT
THE BONITAFEST AND BONITAFEST PARADE
ON SATURDAY, SEPTEMBER 30, 2006 AND
WAIVING ASSOCIATED FEES FOR POLICE
SERVICE AND TRANSIT BUS SERVICE.
WHEREAS, the Bonita Business and Professional Association (BBPA) will
be conducting the Bonitafest event on Saturday, September 30, 2006; and
WHEREAS, street closure would involve Bonita Road between Willow
Street and Otay lakes Road. Both Willow Street and Otay Lakes Road will
remain open at all times during the closure. Streets intersecting Bonita Road
between these points would also be affected during the parade. The parade is
scheduled to take place between 10:00 AM and 12:00 PM; the street closure
would be in effect from approximately 8:00 AM and 5:00 PM.; and
WHEREAS, the Bonita Business and Professional Association will provide
evidence of insurance in the form of a Certificate of insurance and policy
endorsement, acceptable to the City, in the amount of $5 million dollars naming
the City of Chula Vista as additional insured, and their insurance company as
primary; and
WHEREAS, the Bonita Business and Professional Association will provide
adequate traffic control equipment and "no parking" signs as specified by the
Chula Vista Police Department. This would include provision of adequate
signage, barricades, and traffic control equipment as specified by the County of
San Diego and the Sheriff's Department on the portion of Allen School Road
outside the city limits; and
WHEREAS, the Bonita Business and Professional Association will provide
adequate police coverage at the event as determined by the Chula Vista Police
Department through coordination with the Chula Vista Police Department and the
San Diego County Sheriff's Department; City fees for police officers will be
waived; and
WHEREAS, all City-owned property will be returned to pre-use condition;
and
WHEREAS, the sponsor shall develop and implement a solid waste
management plan approved by the Conservation Program to prevent litter,
provide recycling, and disposal throughout the affected area during the event
including arrangements for professional street sweeping immediately following
the event; and
5A-1
WHEREAS, a letter of acceptance shall be provided to the City Attorney
from the BBPA in which BBPA agrees to not sue the City, its agents and
employees for any act arising from Bonitafest; and to defend, indemnify, release,
protect and hold harmless, the City, its agents and employees from any and all
liability arising from the Bonitafest, excluding only that liability which may arise
from the sole negligence or sole willful conduct of the City; and
WHEREAS, the event organizers are requesting that the fee's for police
services and transit services be waived.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Chula Vista does hereby approve requests from Bonita Business and
Professional Association to conduct the Bonitafest and Bonitafest parade on
Saturday, September 30, 2006, temporarily closing Bonita Road subject to staff
conditions, and waiving associated fee's for police service and transit bus
service.
Presented by
Approved as to form by
ichard P. Emerson
Chief of Police
5A-8
COUNCIL AGENDA STATEMENT
Item l.()
Meeting Date 09/26/06
ITEM TITLE:
Public Hearing: Consideration of an amendment to the Chula Vista
Municipal Code to add the prohibition of smoking in City parks
ORDINANCE OF THE CITY OF CHULA VISTA RENUMBERING
SECTION 8.22.030 AND ADDING SECTION 8.22.030 B TO THE
CHULA VISTA MUNICIPAL CODE TO PROHIBIT SMOKING IN
ANY PORTION OF FRIENDSHIP PARK
ORDINANCE OF THE CITY OF CHULA VISTA RENUMBERING
SECTION 8.22.030 AND ADDING SECTION 8.22.030 C TO THE
CHULA VISTA MUNICIPAL CODE TO PROHIBIT SMOKING IN
ANY PORTION OF INDEPENDENCE PARK AND RANCH DEL REY
PARK
ORDINANCE OF THE CITY OF CHULA VISTA RENUMBERING
SECTION 8.22.030 AND ADDING SECTION 8.22.030 D TO THE
CHULA VISTA MUNICIPAL CODE TO PROHIBIT SMOKING IN
ANY PORTION OF MEMORIAL PARK AND DISCOVERY PARK
ORDINANCE OF THE CITY OF CHULA VISTA RENUMBERING
SECTION 8.22.030 AND ADDING SECTION 8.22.030 E TO THE
CHULA VISTA MUNICIPAL CODE TO PROHIBIT SMOKING IN
ANY PORTION OF ALL CITY PARKS EXCEPT FRIENDSHIP PARK,
INDEPENDENCE PARK, RANCHO DEL REY PARK, MEMORIAL
PARK, AND DISCOVERY PARK
SUMMITfED BY, Dire"", Of""'70''" OJ><mtio"'1!.////
REVIEWED BY: City Manager dl (4/5 Vote: Yes_ Nol)
This item was noticed as a public hearing for September 26,2006. It is staffs recommendation
that Council open the public hearing and continue the item to a date certain of October lO, 2006.
6-1
COUNCIL AGENDA STATEMENT
Item No.:
Meeting Date:
'f
9/26/06
ITEM TITLE: Consideration to add an Ordinance to the Chula Vista Municipal Code that
will require physicians to show proof of valid state license prior to
issuance of a business license.
SUBMITTED BY: James D. Sandoval, Director ofPlannr and BUilding'"
REVIEWED BY: Jim Thompson, Interim City Manager (4/5ths Vote: Y~ No ~)
Public hearing was noticed for September 26, 2006. Staff is recommending that public hearing
be continued to a date certain of October 10, 2006.
7-1
COUNCIL AGENDA STATEMENT
Item No.: h
Meeting Date: 9/26/06
ITEM TITLE:
Update Report on Otay Ranch Eastern Urban Center Sectional Planning
Area (SPA) Plan
SUBMITTED BY: Director of Planning and BUildin+-
r:
REVIEWED BY: Interim City Manager d.l (4/5ths Vote: Yes
No~
RECOMMENDATION: That Council Accept the Report
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
This agenda statement will provide background for staff's September 26 briefIng on the Otay
Ranch Eastern Urban Center (EUC). The purpose of the briefmg is twofold:
· To provide the City Council with an overview of the objectives for EUC envisioned in
the City's planning documents; and,
· to provide an overview of the transportation systems which are planned to serve the
EVC.
This update and future discussions are timely due to the submittal of entitlement applications
by the McMillin Companies for most of the EVC site. Staff received an initial preliminary
submittal on the project in April. A complete project application - inciu ding such elements as
a Parks Master Plan and a form based code for the Planned Community District regulations -
is anticipated to be completed in October. Because of the significance of the EVC to the
overall development of the Otay Ranch, staff and the applicant are proposing a series of
updates or workshops to brief the City Council. It is staff's intention to identify issues and
policy areas that have and will rise where staff may need general direction. The updates will
also provide a forum public comment on this important project.
The EUC is the heart of the Otay Ranch with an increased density and intensity of
development, higher than other areas in the Otay Ranch. The EUC will focus on pedestrian
design and transit services, inciuding local and regional transportation facilities. The
September 26 briefIng will focus on coordination with SANDAG and the Bus Rapid Transit
(BRT) system through the EVC.
8-1
Page 2, Item No.: 8
Meeting Date: 9/26/06
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Background
The Eastern Urban Center was first envisioned in the 1989 General Plan. It is identified as
one of the regional centers in the updated Chula Vista General Plan (the others being the
Bayfront and Downtown/Chula Vista Center). Within the Otay Ranch, the EUC will serve as
the center of development in eastern Chula Vista, providing high-density housing, office
development and retail opportunities in an urban setting. By its strategic location at SR -125
and the regional transit route connecting the EUC to downtown San Diego and the
U.S.lMexico border, it provides a significant opportunity for Chula Vista to be a strong
economic force in the region.
On October 28, 1993, the Chula Vista City Council and the County of San Diego Board of
Supervisors adopted the Otay Ranch General Development Plan/Subregional Plan (GDP/SRP).
Fundamental to the adoption of the Otay Ranch GDP were guiding principles that set the
foundation for development of the Otay Ranch. One set of guiding principles focuses on the
EUC and states the intent "to create an urban center that will provide a unique functional and
symbolic center for Otay Ranch". To implement this, the Otay Ranch General Development
Plan proposes land use, character, and design policies that guide the development as follows:
. Residential: From 2-story townhomes up to high-rise apartments and condominiums,
15 stories maximum,
. Commercial: Compact, vertical, regional mall (this may be incrementally developed
due to market conditions), adjacent specialty shopping at base of office buildings,
business hotels,
. Office 1 Business Park: Regional office buildings with 15 story height limit
. Full range of public uses including transit, city library and arts facility, local parks and
urban greenbelt, fIre station, and potential elementary school.
The proposed project will involve approximately 210 acres of the EUC that is controlled by a
single landowner (McMillin Land Development). The SPA plan will evaluate the remaining
acreage of the EUC at a level sufficient to ensure that it can be developed in accordance with
the Otay Ranch GDP policies. All of the land uses mentioned above are to be integrated and
pedestrian in design supported by a well-designed and implemented transportation system.
DECISION-MAKER CONFLICTS:
Staff has reviewed the property holdings of the City Council and has found no such holdings
within 500' of the property which is the subject of this action.
FISCAL IMPACT: NIA
H:\PLANNlNG\sconD\EUC COUNCIL AGENDA STATEMENT(REVlSED 9-21).DOC
8-2
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Sensor Light Proposal for the Sunbow Community Gazebos
We, the undersigned, are residents of the Sunbow Neighborhood in the section between
Medical Center Drive and Paseo Ladera. We are in support of the Sunbow Community
Forum's proposal to have motion sensor street lights installed and maintained in our
community Gazebos. We feel that this location and it's rackof/ighting and supervision
is the reason that draws young adults to loiter, vandalize and" act immorally: all of which
compromise our quality of/ife and safety.
We believe city signs stating that the Gazebos are closed at 9 p.m. will serve as
appropriate notification for those interested in malicious behavior.
We are requesting that these three areas be monitored by our Chula Vista Police Patrol
Car at night.
Sunbow is a family-oriented community and we, the residents, deserve the safety that the
amenities our neighborhood has to offer. Weare asking our city and elected officials to
help make this a reality.
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Sensor Light Proposal for the Sunbow Community Gazebos
We, the undersigned, are residents of the Sunbow Neighborhood in the section between
Medical Center Drive and Paseo Ladera. We are in support of the Sunbow Community
Forum's proposal to have motion sensor street lights installed and maintained in our
community Gazebos. We feel that this location and it's lack of lighting and supervision
is the reason that draws young adults to loiter, vandalize and'act immorally: all of which
compromise our quality oflife and safety.
We believe city signs stating that the Gazebos are closed at 9 p.m. will serve as
appropriate notification for those interested in malicious behavior.
We are requesting that these three areas be monitored by our Chula Vista Police Patrol
Car at night.
Sunbow is a family-oriented community and we, the residents, deserve the safety that the
amenities our neighborhood has to offer. Weare asking our city and elected officials to
help make this a reality.
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Sensor Light Proposal for the Sunbow Community Gazebos
We, the undersigned, are residents of the Sunbow Neighborhood in the section between
Medical Center Drive and Paseo Ladera. We are in support of the Sunbow Community
Forum's proposal to have motion sensor street lights installed and maintained in our
community Gazebos. We feel that this location and it's l'ack oflighting and supervision
is the reason that draws young adults to loiter, vandalize and'act immorally: all of which
compromise our quality of life and safety.
We believe city signs stating that the Gazebos are closed at 9 p.m. will serve as
appropriate notification for those interested in malicious behavior.
We are requesting that these three areas be monitored by our Chula Vista Police Patrol
Car at night.
Sunbow is a family-oriented community and we, the residents, deserve the safety that the
amenities our neighborhood has to offer. Weare asking our city and elected officials to
help make this a reality.
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Sensor Light Proposal for the Sunbow Community Gazebos
We, the undersigned, are residents of the Sunbow Neighborhood in the section between
Medical Center Drive and Paseo Ladera. We are in support of the Sunbow Community
Forum's proposal to have motion sensor street lights installed and maintained in our
community Gazebos. We feel that this location and it's lack oflighting and supervision
is the reason that draws young adults to loiter, vandalize and'act immorally: all of which
compromise our quality of life and safety.
We believe city signs stating that the Gazebos are closed at 9 p.m. will serve as
appropriate notification for those interested in malicious behavior.
We are requesting that these three areas be monitored by our Chula Vista Police Patrol
Car at night.
Sunbow is a family-oriented community and we, the residents, deserve the safety that the
amenities our neighborhood has to offer. Weare asking our city and elected officials to
help make this a reality.
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Sensor Light Proposal for the Sunbow Community Gazebos
We, the undersigned, are residents of the SunbowNeighborhood in the section between
Medical Center Drive and Paseo Ladera. We are in support of the Sunbow Community
Forum's proposal to have motion sensor street lights installed and maintained in our
community Gazebos. We feel that this location and it's lack of lighting and supervision
is the reason that draws young adults to loiter, vandalize and act immorally: all of which
compromise our quality of life and safety.
We believe city signs stating that the Gazebos are closed at 9 p.m. will serve as
appropriate notification for those interested in malicious behavior.
Weare requesting that these three areas be monitored by our Chula Vista Police Patrol
Car at night.
Sunbow is a family-oriented community and we, the residents, deserve the safety that the
amenities our neighborhood has to offer. We are asking our city and elected officials to
help make this a reality.
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Sensor Light Proposal for the Sunbow Community Gazebos
We, the undersigned, are residents of the SunbowNeighborhood in the section between
Medical Center Drive and Paseo Ladera. We are in support of the Sunbow Community
Forum's proposal to have motion sensor street lights installed and maintained in our
community Gazebos. We feel that this location and it's lack oflighting and supervision
is the reason that draws young adults to loiter, vandalize and act immorally: all of which
compromise our quality of life and safety.
We believe city signs stating that the Gazebos are closed at 9 p.m. will serve as
appropriate notification for those interested in malicious behavior.
We are requesting that these three areas be monitored by our Chula Vista Police Patrol
Car at night.
Sunbow is a family-oriented community and we, the residents, deserve the safety that the
amenities our neighborhood has to offer. We are asking our city and elected officials to
help make this a reality.
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Sensor Light Proposal for the Sunbow Community Gazebos
We, the undersigned, are residents of the Sunbow Neighborhood in the section between
Medical Center Drive and Paseo Ladera. We are in support of the Sunbow Community
Forum's proposal to have motion sensor street lights installed and maintained in our
community Gazebos. We feel that this location and it's lack oflighting and supervision
is the reason that draws young adults to loiter, vandalize and aCt immorally: all of which
compromise our quality oflife and safety.
We believe city signs stating that the Gazebos are closed at 9 p.m. will serve as
appropriate notification for those interested in malicious behavior.
Weare requesting that these three areas be monitored by our Chula Vista Police Patrol
Car at night.
Sunbow is a family-oriented community and we, the residents, deserve the safety that the
amenities our neighborhood has to offer. We are asking our city and elected officials to
help make this a reality.
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