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HomeMy WebLinkAboutAgenda Packet 1993/08/03 Tuesday, August 3, 1993 4:00 p.m. ., declare under penalty of perjury that I all'l employed by the CIty of Chura Vista in the Office of the City Clerk and that I posted this Agenda/Notice on the Bullenn Board at . the Public S rvic Building andilt City ~all on . Coun~ll Cha~b.ers DATED, r '1 SIGNED ,,j'ubhc Semces BUlldmg Re CAlL TO ORDER 1. ROIl. CAlL: Councilmembers Fox ~ Horton ~ Moore -' Rindone _, and Mayor Nader _ 2. PLEDGE OF AlLEGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MlNIITES: None submitted. 4. SPECIAL ORDERS OF THE DAY: None submitted. CONSENT CALENDAR (Items 5 through 10) The stoff recommendiltions regarding the following items listed under the Consent CaJendar will be eMcted by the Council by one motion without discussion unless a CounciJme.mbe.r, a member of the publU: or City stilff requests that the item be puDed for discussion. If you wish to speak 011 one of these items, please fill out a "&quest to Speak Form" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green form to speak in favor of the stilff recommendation; complete the pink form to speak in opposition to the stoff recommendation.) Items pulled from the Consent Calendar will be discussed after Board and Commission Recommendations and Action Items. Items pulled by the publU: will be the fint items of business. 5. WRITTEN COMMUNICATIONS: a. Letter requesting the City enact a moratorium, effective as soon as possible, to temporarily cease issuance of taxicab permits. Thomas F. Larwin, General Manager, Metropolitan Transit Development Board, 1255 Imperial Ave., Suite 1000, San Diego, CA 92101-7490. Staff anticipates returning to the City Council with a recommendation regarding this matter within the next three weeks. Therefore, it is recommended that action on this item be deferred until such time as the City Council has reviewed the staff report and recommendation. Mr. Larwin will be notified of staffs intent to bring the matter forward in the near future. b. Claims against the City - Harriet B. Owens, P.O. Box 120252, Chula Vista, CA 91912. It is the recommendation of the City's claims adjustors, Carl Warren & Company, and Risk Management, that the claim be denied. c. Letter of resignation from the Safety Commission - Frank E. Chidester, 38 E. Donohoe, Chula Vista, CA 91911. It is recommended that the resignation be accepted and the City Clerk be directed to post immediately according to the Maddy Act in the Clerk's Office and the Public Libraty. d. Letter requesting a contribution of $700 to be used to help pay for the Palomino Baseball Team's trip to Riverside on 7/26/93 through 7/30/93 - Robert Coons, Executive Director, United States Institute of Amateur Athletics, 431 North Highland Ave., Ste. C, National City, CA 91950. It is recommended that due to the City's current financial situation, the request for funding be denied. Agenda -2- August 3, 1993 6. ORDINANCE 2564 AMENDING MUNICIPAL CODE SECTION 5.54.090 (INSURANCE REQillRED) OF CHAPTER 5.54 (TAXICABS) TO REDUCE TIlE AMOUNT OF INSURANCE FROM $500,000 TO $300,000 AND TO AMEND TIlE MINIMUM CRITERIA FOR FINANCIAL STRENGlli OF TAXICAB INSURERS (first readin~) - The ordinance will reduce insurance requirements for taxicab operators from $500,000 to $300,000. Staff will begin reviewing one or more insurance policies to ensure compliance with the Code. Staff recommends Council place the ordinance on first reading. (Director of Personnel) 7. RESOLU110N 17208 ALLOWING TIlE CLOSURE OF THIRD AVENUE FROM"E" TO "G" STREET IN ORDER TO CONDUCT AFESTIVAL ON AUGUST 22,1993, WAIVING OF TIlE SIDEWALK SALES ORDINANCE, AND WAIVING OF TIlE BUSINESS UCENSE FEES FOR TIlE 1993 THIRD AVENUE FESTIVAL - The Chula Vista Downtown Business Association is requesting permission to close Third Avenue between 'E' and 'G' Street in order to conduct the Third Avenue Festival on Sunday, 8/22/93. Staff recommends approval of the resolution. (Director of Community Development) 8A RESOLU110N 17209 APPROVING A SUPPLEMENTAL SUBDMSION AGREEMENT Willi TIlE DEVELOPER OF EASTI.AKE GREENS UNIT 14 SUBDMSION NEEDED TO SATISFY TENTATIVE MAP CONDmONS OF APPROVAL NUMBER 30 AND 31(C) - On 7/25/89, Council approved the Tentative Subdivision Map for Tract 88-3, EastLake Greens. The Final Map and associated agreements for Unit 14 are now before Council for approval. Staff recommends approval of the resolutions. (Director of Public Works and Director of Planning) B. RESOLU110N 17210 APPROVING FINAL MAP OF TRACT 88-3, EASTI.AKE GREENS UNIT 14, ACCEPTING ON BEHALF OF TIlE PUBUC TIlE PUBUC STREETS DEDICATED ON SAID MAP, RFJECTING ON BEHALF OF TIlE CI1Y TIlE OPEN SPACE LOTS GRANTED ON SAID MAP AND ACCEPTING TIlE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDMSION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDMSION, AND AurnORlZING TIlE MAYOR TO EXECIITE SAID AGREEMENT FOR TRACT 88-3, EASTI.AKE GREENS, UNIT 14 9. RESOLU110N 17211 APPROVING TIlE FlUNG OF AN APPUCATION FOR CONGESTION MITIGATION AND AIR QUALI1Y FUND (CMAQ) UNDER TIlE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT (lSTEA) OF 1991 AND DESIGNATING TIlE CI1Y ENGINEER AS TIlE AurnORlZED REPRESENTATIVE FOR TIlE PROGRAM - The CMAQ Program was enacted as part of the ISTEA of 1991. The San Diego County area is scheduled to receive more than $12.7 million over six years under the program. Projects must be used for transportation improvements that enhance air quality. The State has determined that signal timing enhancement, traffic signal equipment upgrade, and traffic signal computer control equipment are high priority under the CMAQ Program. Traffic Engineering staff believes that the City's existing computerized traffic signal system which is five years old has limitation on its ability to respond to continuous changes in traffic flow. State of the art signal timing system referred to as 'Split Cycle-Time and Offset Optimization Technique' (SCOOT), provides an opportunity to the City to make the signal system more responsive to changes in traffic patterns and peak hour volumes. Staff recommends approval of the resolution. (Director of Public Works) Agenda -3- August 3, 1993 10. RESOLUTION 17212 AMENDING SCHEDULE II SPECIAL srops REQUIRED AND APPROVING AIJ...WAY sroP AT SECOND AVENUE AND "CO STREET - Staff established an all-way stop via a trial traffic regulation at the intersection of Second Avenue and 'C' Street. The trial traffic regulation has been in place for eight months and staff and the Safety Commission recommend that it be made permanent. Staff recommends approval of the resolution. (Director of Public Works) * * END OF CONSENT CALENDAR * * PUBUC HEARlNGS AND RELATED RESOLUTIONS AND ORDINANCES The foUowing items have been advertised and/or posted as publU: hearings as required by law. If you wish to speak to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the City C1erlc prior to the meeting. (Complete the green form to speak in favor of the stIlff recommendation; complete the pink form to speak in opposition to the stIlff recommendation.) Comments are limited to five minutes per individual. None submitted. ORAL COMMUNICATIONS This is an opportuniiy for the general publU: to address the City Council on any subject matter within the Council's jurisdk;tion that is not an item on this agenda. (State law, however, generally prohibits the City Council from taking action on any issues not included on the posted agenda.) If you wish to address the Council on such a subject, please complete the yeUow "Request to Speak Under Oral CommunicaJions Form" available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your 1lImU! and address for record purposes and follow up action. Your time is limited to three minutes per speaker. BOARD AND COMMISSION RECOMMENDATIONS This is the time the City Council will consider items which have been forwarded to them for consideration by one of the City's Boards, Commissions and/or Committees. 11. Request by the Parks and Recreation Commission that Council meet, in a workshop setting, withTthe Sweetwater Union High School District Board to lay the groundwork for a comprehensive agreement for the joint use of District facilities . Bob Lind, Chairman, Parks and Recreation Commission. Staff recommends that the City Manager and the Director of Parks and Recreation meet with the School Superintendent befor~ a joint meeting is arranged. ACTION ITEMS The items listed in this section of the agendn are expected to eIU:it substantiol discussions and deliherations by the CoundJ, staff, or members of the general publ~ The items will be considered individuaIly by the Council and stIlff recommendations may in certain cases be presented in the aIJemative. Those who wish to speak, please fill out a "Request to Speak" form available in the lobby and submit it to the City C1erlc prior to the meeting. PubIU: comments are limited to five minutes. Agenda -4- August 3, 1993 12. RESOLUTION 17213 WAIVING TIlE FORMAL BIDDING PROCESS AND AlmiORIZING TIlE CITY MANAGER AND TIlE PUBUC WORKS DIRECTOR TO ENfER INTO IMMEDIATE, INFORMAL BID NEGOTIATIONS WIlli VENDORS AND AWARD CONTRACT TO TIlE LOWFSf RESPONSIBLE INFORMAL BIDDER. FOR TIlE IMMEDIATE REPLACEMENT OF DAMAGED CHILLER UNITS AT TIlE CHULA VISTA PUBUC UBRARY AT 365 "F" STREET - On 7120/93, an unscheduled power outage in Chula Vista caused a system failure to one of the two existing 75 ton chiller units at the Public Library. The 75 ton compressor motor failed due to the fact that the old equipment does not have phase protection as modem equipment does. Staff recommends approval of the resolution. (Director of Public Works) 4/5th's vote required. ITEMS PUlJ.ED FROM TIlE CONSENT CALENDAR This is the time the CiIy Council will discuss items whidl have been removed from the Consent Calendar. AgendIl items puIkd at the request of the publi€ will be considered prior to those puIkd by CoundJmembers. Publi€ comments are limited to five minutes per individual OlliER BUSINESS 13. CITY MANAGER'S REPORTfS) a. Scheduling of meetings. 14. MAYOR'S REPORTfS) a. Ratification of appointment: Martha Villegas - Board of Ethics. 15. COUNCIL COMMENTS Councilman Rindone a. New option: working group for solid waste solution. ADJOURNMENT The City Council will meet in a closed session immediately following the Council meeting to discuss: Instructions to negotiators pursuant to Government Code Section 54957.6 - Chula Vista Employees Association (CVEA), Western Council of Engineers (WCE), Police Officers Association (POA) , International Association of Fire Fighters (IAFF), Executive Management, Mid-Management, and Unrepresented. Continued from the meeting of 7/27/93. Pending litigation pursuant to Government Code Section 54956.9 - Jones Intercable. Pending litigation pursuant to Government Code Section 54956.9 - County of San Diego regarding Daley Rock Quarry CUP. Agenda -5- August 3, 1993 Evaluation of City Manager pursuant to Government Code Section 54957. Continued from the meeting of 7/27/93. The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on August 10, 1993 at 6:00 p.m. in the City Council Chambers. A Special Joint Meeting of the City Council/Redevelopment Agency will be held immediately following the City Council meeting. MTDB iSb > Metropolttan Transit Development Board - ,: 1255 Impenal Avenue, Suite 1000 San Diego, CA 92101-7490 (61e) 231-1466 FAX (619) 234-3407 RECEIVED "93 .u. 21 P 3 S9 ca,' TY OF CHULA VISTA CITY CLERK'S OFFICE June 23, 1993 G-L 1, T 370 Mr. John Goss City Manager City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910-2631 Dear John: This letter is to request that the City of Chula Vista enact a moratorium, effective as soon as possible, to temporarily cease issuance of taxicab permits. We ask that the moratorium remain in effect until the City decides whether to enter into an agreement with MTDB for MTDB to license taxicabs and other for-hire vehicles in the City of Chula Vista. It is my understanding that a draft agreement is currently under consideration by your staff. My request comes at this time as a result of observations and comments by a "peer review panel" that reviewed MTDB's taxicab licensing last week. In review of our goal for regionwide taxi permits, the panel members felt that a moratorium would support the regional permit system. If you have any questions, or if we can assist you or your staff, please feel free to give me a call. ~:;:' Thomas F. Larwin Genera 1 Manager cc: Barbara Lupro WRITTEN COMMUNICATIOi ~ #/93 TFL:dag L-GOSS.TFL ~~:) MemON Age,c,e ' U ~ f City 01 Chula VI,sta. Ity I Coronado. Cit Ei Cajon. City of Imperial BeaCh" City of L ,~. C,....of man Grove. Clly 01 Na,llonal City, C, ity of Poway, City of San D, lego, City at Santee County of San Diego. Stale Of rfornla , ' ~ , " " ' Metropolitan TranSit Development Board IS Coordmator 01 the Metropolitan TranSit System and IS Regulatory AuthOrity for :..' Paratransit Administration Subsidiary Corporations: ~ San Diego Transit Corporation, ,Ii SanQiego Trolley. Inc. and~I:J San Dlego& ArizonaEastern Railway Company c(;. COUNCIL AGENDA STATEMENT Item 5b Meeting Date 8/3/93 ITEM TITLE: Claim Aqainst the city SUBMITTED BY: Director of Personnel ~ ci ty Manaqer jG. 'VYv'{j ~ (4/5ths Vote: Yes___ N01L--) REVIEWED BY: Claimant: Ms. Harriet B. Owens P. O. Box 120252 Chula Vista, CA 91912 On July 9, 1993, Ms. Harriet B. Owens filed a claim aqainst the city of Chula vista for $25,000.00 in connection with an accident that occurred on April 11, 1993. Ms. Owens claimed she sustained personal injuries when she tripped and fell over a sidewalk at Rohr Park. Due to remote liability on the part of dation of the city's claims adjustors, Carl Manaqement, that this claim be denied. the City, it is the recommen- Warren' company, and Risk RECOMMENDATION: Deny the above claim Form A-113 (Rev. 11/79) 5b,/ .> ~. RECEIVED '93 .Il 'l7 A9:28 CI'.TY OF CHULA VIST A CITY CLERK'S OfFICE July 23, 1993 38 E. Donohoe Chula Vista, CA 91911 31 July 93 Mayor Tim Nader City Hall Chu1a Vista, CA 91912 Dear Mayor Tim, Due to health reasons, please accept by resignation from the Chula vista city Safety Commission effective at the close of business on August 1, 1993. Sincerely, ~ ?a,"~ Frank E. Chidester . cc: city Clerk cc: WRITTEN COMMUNICATIONS ~ ~ (I) /'"' ~j9J ~~ - .3 c -I United States Institute of Am~O :04 CITY OF CHULA ViS1 t., CITY CLERK'S OFFICE July 24, 1993 Honorable Mayor Tim Nader and Councilmenbers City Administration Building 276 Fourth Ave. Chula Vista, CA 91911 Dear Mayor and Councilmembers f! r;1.. 8 ':.' )C~:~ ~~JJr~~1~. n,'.111 ." -: 'I ' " 11 .~ 1 n I' J;I .": ", j!iLiJUL 261993 !J:! l""""' l,bJI L ....J Co,: '.,,3 (." ., ':'.' '~C.,;.". ,."."'-~ As you are aware the United States Institute of Amateur Athletics, as it's primary mission is the leader in creating a vision of successful living in youngsters and young adults of disadvantaged inner city communities. Donna Morafcik SECRETARY Communication Concepts Michael McCraw TREASURER California Small Business Development Corp, DIRECTORS Jean Baber Ron Broadus Olivia Chang Hector Concepcion Martin Davis Jacques Dionne Guillermo Durazo Cameron Durckel Michael Fraunces Robert Jones held Lou Lake Roger Leftridge Gilbert Montez Raul Montez Brad Ramsey We need your help! We have seven of our team members that reside in Chula Lynwood Taylor Vista, they are: Dimas Acevido, Rohn Battle, Tony Cazzaza, David Gonzales, Memo Lopes, Bobby Rector, Steve Quinteros. We need 1,500.00 for our entire STAFF stay in Riverside. We currently have $700.00. We will go up to Riverside Robert Coons with whatever we have and pray for the rest. The trip is estimated to cost EXECUTIVE DIRECTOR $lOO.OOper youth. We are asking the city of Chula Vista to contribute $700.00 toward our stay on behalf of the Chula Vista athletes. The USIAA take,~ care in seeing to it that our members are success- ful in whatever area/sport they persue. While our mission is a very admirable one, because of our succes it is also very expensive. Once again our youngsters have taken to hart are call to "Dare to be Great". Our Palomino Baseball Team has placed first in the San Diego County Palomino Baseball League! With this honor our team gets a direct bye into to the Regionals to be in Riverside CA., July 26, tihtiil July 30, 1993. If successful at the Regiona1s we will travel to the Palomino World Series! Please, if possible, send you check to USIAA, C/O Robert Coons as soon as possible. We will forward the money directly to Riverside in time for your athletes use. Supported, in part, by We sincerely hope that action can be taken on this matter at your next Council meeting. V\/~rrTEN COMMUNlC C~:~.' ('I) ~~y t Execu ORLANDO COONS TRAINING COMPlEX . A 91950 . (619) 262-3938 ~ COUNCIL AGENDA STATEMENT ITEM " MEETING DATE Auaust 3. 1993 ITEM TITLE: Ordinance ~5~y Amending Section 5.54090 of Chapter 5.64 {Taxicabs} of the Chula Vista Municipal Code to Reduce the Amount of Insurance From $500,000 to $300,000 and to amend the Minimum Criteria for Financial Strength of Taxicab Insurers. SUBMITTED BY: DIRECTOR OF PERSONNEW J\, Referral #2782 REVIEWED BY: CITY MANAGER...)C-t,~ (4/5th Vote: Yes_ NolL) At the July 13, 1993 meeting, taxi operator, O.D. Hedrick, asked the City Council to consider lowering the insurance requirements for taxis operating in the City. Amending the Code as described in this Ordinance will bring the insurance requirements more in line with what other public agencies require. Some concern was expressed that other operators may not be complying with the current $500,000 insurance limit requirement. Currently, staff does not review insurance policies, however, given the allegations of possible fraud by an operator, it is in the City's best interest to randomly examine several policies to ensure compliance with our Code. RECOMMENDATION: Place the Ordinance on first reading. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: The Municipal Code insurance requirement for Taxicabs should be revised to lower insurance limits and incorporate other changes which are reflective of the City's standard. The current requirement calls for split levels of coverage; $100,000 for property damage, $250,000 for single injury or death and $500,000 per occurrence, or a $500,000 combined single limit. One operator has complained that this level of insurance is difficult to obtain and expensive and has asked the City to lower it's limit to that of the Metropolitan Transit District Board (MTDB). MTDB oversees taxicab operations in seven cities; San Diego, EI Cajon, Imperial Beach, Lemon Grove, Poway, Santee and National City. MTDB requires $300,000 combined single limit or split levels of $50,000, $150,000 and $300,000. The Risk Manager's professional opinion is that $300,000 is adequate and lowering the City's requirement will ease some of the financial pressure on taxicab operators in Chula Vista. ~-/ Other proposed changes include: 1. Notice of cancellation to be made to the City in 30 days instead of 10 days. 2. Requiring taxicab operators to prove financial responsibility if they obtain an insurance policy with a self-insured retention (SIR). 3. Requiring taxicab insurers to be admitted by the California Department of Insurance to do business in California; or, if not admitted, have a Best's Key Guide rating of A-V or better. When an insurance company is admitted to do business in California, it means that policy holders can have claims paid from the California Insurance Guarantee Assessment (CIGA) Fund if the insurance company goes bankrupt. Many major insurance companies are not admitted in California. In keeping with MTDB's standard, staff recommends that non-admitted insurance companies have a Best Key Guide Rating of A-V or better. The City requires an A-V rating for all insurers in contractual arrangements. A-V indicates excellent overall performance of the company and policyholder assets of $10,000,000 to $25,000,000. In Chula Vista, as in most public agencies, proof of insurance is provided by a certificate of insurance, and when the City is the additional insured, we require a policy endorsement. Unless there is a specific problem, staff would not normally review insurance policies. However, given the allegation of potential fraud, and the fact that insurance certificates do not require full disclosure of the underlying policy, it is in the City's best interest to randomly review several policies of taxicab operators now to ensure their compliance with the Code. Staff believes that random sampling will create an atmosphere wherein operators are more likely to comply with the Code. If Council approves the Ordinance change, it will become effective 30 days after the second reading, or September 9, 1993. Mr. Hedrick's insurance policy expires on August 15, 1993. Therefore, staff recommends that we administratively allow Mr. Hedrick and other operators, if necessary, to temporarily not comply with the higher limit in the Code if their policy expires between now and September 9, 1993. They would, however, still have to maintain the $300,000 limit. FISCAL IMPACT: There will be some unidentified administrative costs associated with reviewing insurance policies. t,'r2 ORDINANCE NO. ~"'1 AN ORDINANCE AMENDING SECTION 5.54.090 (INSURANCE REQUIRED) OF CHAPTER 5.54 (TAXICABS) TO REDUCE THE AMOUNT OF INSURANCE FROM $500,000 TO $300,000 AND TO AMEND THE MINIMUM CRITERIAL FOR FINANCIAL STRENGTH OF TAXICAB INSURERS WHEREAS, in light of recent changes in the insurance industry as it affects taxicabs, it has become necessary for the City to reconsider its insurance requirements on taxicabs. NOW, THEREFORE, the City Council of the City of Chula vista does hereby ordain as follows: SECTION I: Section 5.54.090 (Insurance Required) of Chapter 5.54 (Taxicabs) is hereby modified to read as follows: Sec. 5.54.090 Insurance Required. It is unlawful to operate any taxicab vehioie as aefinea in this chapter unless there shall be Qll filea with the rolioe Chief city of Chula vista a currentlY valid certificate of insurance executed and delivered by a company authorizea to carryon admitted bv the California Department of Insurance: or. if not admitted in California. a company which an insuranoe e~siness in the E:tate ,,'fiieh ee~aflY shall have a polieyhelaer's rating ef A-H a Best's Kev Ratinq Guide ratinq of "A. Class V or better as listea in the Beat's Key.Rating Guide or which shall otherwise meet with the approval of the City certifvinq that the terms of ,.hioh such insurance company extends Business Automobile Liabilitv Insurance coveraqe to the operator and all of the aqents and employees of said onerator. aOSl::l:mes :ros~anoibility fer iRjurico te persens er )!Ire)!lerty eausea by tho operatien ef slieh vehiole in the felle,.ing amounts. The oertifieate shall ShO'l1 inauranoe in the follo"ing amounts I A. One hlinarea theusana aellars )!Irimary ooverage for )!Iro)!lerty damage per ooourrenoe; b.'e hlinarea fifty thouaand dollara primary ooverage for eeaily injury or death to anyone person in anyone person in any ene aooident, and five hundred thousand dollars per occurrence for primary ee7era~o fer seaily injury er aeath in a oombined single limit peliey; B. In lie~ ef t.he insliranoe coverage, a eeFtifiea eperator may )!Ireviae )!Iroof of self insliranee under ouioting state rO~l.:llatiena :ldcqu:ltc te meet the limitations act ferth in this ohapter; 1 ~-3 c. The eertifioat.e shall 19e. eR a st.allaara lIaeeerEiIl ferm ana shall provide fer automatie ten aay \;ritten netifieatioR by tho inouranco company to ~he ei~y ac a ocrtifie~te helder, of any iRsHraRee peliey eaneellation or ehan~os in covora~o; D. The insuranee ee70ra~e muot 130 ono of t\;O tYPool 1. A ene year pelioy (althou~h tho ha~."e pa~tmElRts maele ef). a lcoo l3aoio, er polioy oould t.hall aRrNial 2. If et.her thaR a eRe year pelicy, the iR6HraRec company must preyide tho city ,;ith ton day \lrittoR notioo of any non rone\lal ef peliey. The certificate shall be accompanied bY a policy endorsement which names the city of Chula vista and all of its officers and employees as additional insured and provide cross-liability protection to the employees of the city of Chula vista in the same manner as if they were members of the public. The certificate shall demonstrate and certifY that the operator is insured aqainst the risk of loss due to property damaqe and bodily iniury caused to members of the public includinq taxicab customers. in the amount of $50.000 Property Damaqe. $150.000 per person. $300.000 per occurrence. or $300.000. combined sinqle limit. and shall further show the amount of the self-insured retention. if any. under said policy. The certificate shall provide for a thirty day written notification of policy cancellation or material chanqes in coveraqe. If the self-insured retention is qreater than five thousand dollars. the certified operator shall provide financial information to the satisfaction of the city which proves financial responsibility for the amount of the self-insured retention. The city shall have the option to require the operator to demonstrate to the city the policy itself referred to in the certificate. and on failure to do so within five days. to revoke the business license. SECTION II: This ordinance sha full force on the thirtieth day from an and be in tion. Presented by Candy Boshell, Director of Personnel C:\OR\taxicab insurance Bruce M. Boogaard City Attorney 2 ~~'1 O. D. HEDRICK. PRES. BILL HEDRICK. VICE PRES. Red Cab Co. of San Diego, Inc. RECEIVED '93 JI4 21 P 3 :24 P. O. Box 437240 SAN YSIDRO, CALIF. 92143 PHONE (619) 428-1107 TO: r~O('f\ S 1J5tECf: MAcjf9{' Tlvf\ rJ'f','VER.. 0. D. H l='DRICJ< CITY OF CHULA VISTA CITY CLERK'S OFFICE .JUN 16 1993 Redl>. C.l ~€i ::FrvSIAY"kY<C--C -('-e8v..~-(o<') U r- .1 'I " t7",,)I'(C1I l!.S" C.lJ, OR'\). "Ft' ~..s:"" 0 n \.:i '..J tftllJ()y~bI~ /Y!JotD( -t!Vf\ rVA)..eV ( C ~",b. ~'S-h . We -;?t't".e ....e'i"'~~,~'b I~SV.,,'}.1\)C'~ "<Z;",I't1YH'~ rJo."NJ..~" o",j\'vv,,"''''-< c.c). -# $'.S;t.(,o'1.oA be 'f'RJ..IA.C.eJ ---rb 1;h-e 5pfY1~ J~vel as /YlTD,8. So: vvl)\:e:> 0 Y'e. '1lA.~'I'~S :i 501 fJ)() 0 t?r"'pev~ .f j&(); 0 vD / {l-eof'SO N, J.. 4 ::>(90/ 0 (;) (;) AN'1 0 rv.e A c:>; I). ewf (JJ.e a>(' e A.?( <J; vtJ~ J r-C -P, e v./T'1 -! (,voL"" .;::::t:=:tv5U\f ').llJe...e C(!1 1l'lT'''''''' r ~ (J);' ~ /lJI/I tv; I ~ wh",+ C.l7.d7t VI sf~ I -rf:'fflA.;\('es _ tt}e t<lff't';"Ot-f"C ~vJ'1 €,'toI'00 AC'-/--IOtrJ Y&iA f';Ak-e / N --a1/S m~-:1t-e-v" / a s we 1f.J1 <;;;; 70 ~ON'f1 (UK"€ SeN/C: IV':; C ku.L" lh'i,.'-\-?l w'itl ;::A1<'" 5.0(' v (c-E' "-:::;;//lJ c...e'f1 Yo vi (' 5 Ervcl~5eJ 17 cc ~ ~~ (tf) ttA; ~ ~ t2 ; _ ~~j_l~k ~j, WRITTE~ CO . MuNtCATIO.N'S .tr~ ~:JJ23 ~~-/ c. (). -r-r..)<" ovJ. '" ,J... 7'- Cl 5" ('/1),"';)" In_Tu.D --rricc) (.) 117)- r' f? 'r~~7"r" ;;::...._';-;::: In 1_ t'~ \,.'~_.y: Ii _.\, .i' _ ~.,;' I L-.:.' ....,_....-._-~_.""...._~-_.- ',( i",":.,. ' : U'H" III'I~ l'0; '",I ",'",> ' J:.=I L~--.-._~---,.. . '~-~(;!j1;~~~:\;,}~~.l(~;:\~ '"~<i~;';~~.,,.. '. .~.t~rf~';,';~.:T':J~':: ~~t:~.}~.;":-", -, . ',' ~. '.' ......... :.....'Jr . !~.~ . .',. :~;;~..:!~.: .1"..~\~.~~.~i;,:j.>tt:.f~:-.:;~.;",!~;:.,\t,l)f~~~~; ;:~ '. \ ' '-1" ~"'6 ut: t\l~' Ch\l\,,\'^ \.')(,,'5Thi ' y.f:#,;;~,"'4(';\r\." '" o , "_:;~;.';, ~~.. 'r:'!.'. _,~,. 5.54.~O 5.54.090 Insurance required. It is unIawfuJ:to operate any vehicle as dermed in this chapter unless there shall be flied with the Police Chief a certificate of insurance executed and delivered by a company authorized to cany on an insurance business in the state, which company shall have a policyhoIden rating of A.IX or better as listed in Best's Key Rating Guide,the terms of which such insurance company assumes responsibility for injuries to persons or property caused by the operation of such vehicle in the following amounts. The certificate . shall show insurance in the following amounts: . , A On'!. hundred' thousand dol1ars primazy coverage fo rOJl~rty dam~e per occurrence; two Iumdred -riIiY thousand dollars primary covera~ 10rlrodily inj 0 0 an one on in anyone person in anyone accident, and live hundred tJ\ousand dollJJS per occurrence or primary coverage for bodily injury or death in a combined single limit policy; B. , In lieu of the insurance coverage. a certified operator may provide proof of self. insurance under existing state regulati~ns adequate.,to meet the limitations set forth in.this chapter; C. The celtificate shall be on a standard 'accord' form and shall provide for a'utomatic ten.daywritten notification by the insurance company to the city as a certificate holder. of any insurance policy cancellation or changes in coverage; D. The il}surance coverage must be one of two types: 1. A one-year policy (although the policy could have payments made on a Jess than armual basis). or ~ , SO' ~"- p~~ ' ,:; )'~/J.~ ....-. 408 ;3kr~ . ~~ (R 11/91) '~'.(;M'<-T-D'-B';:~';:":~~f':./i.:.\.:",;,',,~,~,:>:~"t.' :'<~." / ,.>,:':~ .~..:.', ." ~'~.' ~. , "".~...~r"'TJ-'~'1~,.,.....~.,.-. .l,~",",.,,--,~, I. ~.., ~BiIH ':':~"'~'.'\" .,.." ."... .d.........l:.~~..~....'~\',,~:\"...'~["l..\.'.l . '.. :'" ' :;0,,:; t.'. " '~_:. r., .. .l..,,_,\~'", . , , '. 4', ~ ~ . .;:;;~"..~,,_MetropotitanTransjt~elopmenlBoard~':l'''::~::<;.I::. ,\~' J :;"',\:'.~".-~'..:\,...'<',.' . '. ',;:~-. .', f'l<-' -'Y'1.r-->:~:l'h.r.'''''~''~'\' ,.l:~,:.l','~,~,<'''''' ";.......?1.,'O:.,,,.~...~,., fo", , '.,~) . " ,. ,",',' 1255 Imperial Avenue. Suite 1000 San Diego. CA 92101-7490 (619) 231-1466 FAX (619) 234-3407 PARATRANSIT VEHICLE INSURANCE REQUIREMENTS TABLE 1 Minimum Required Public Liability Insurance Note: Aggregate limits are not permitted. Vehicle Seating Capacity Bodily Injury Property Combined ... (including driver) per person per occurrence Damage Single Limit' 9 passengers or less $100,000 $ 300,000 and $50,000 or $ 300,000 10 to 15 passengers 100,000 1,500.000' 50,000 1,500.000' 16 passengers or more 100,000 5,000,000' 50,000 5,000,000' TABLE 2 Specific Information Required for Certificates of Insurance 1. The full name 01 the insurer, who must be approved In advance by the Paratransit Regulatory Administration.(see Table 4) 2. The name and address of the Insured, who must bethe.permll holder. 3. T~e Insurance policy number. Binders and/or application numbers are not acceptable. 4. The type(s) and Iimit(s) of Iiabillly coverage. 5. The vehicle description, identification number and medallion number of each insured vehicle. 6. The e<<ective dates of the insurance policy. 7. The certificate issue date. 8. A statement that the insurer shall notify MTDB in writing by registered mail at the address on this letterhead at least 30 days prior to cancellation or termination 01 the coverage. Statements to the effect that the issuing company will 'endeavor to mail notice' or .intends to notify. are not acceptable. 9. The signature of an agent who has been authorized by the insurer. The agent must also have proof on file with MTDB that they have a current valid insurance pOlicy covering errors and omissions. The certificate of Insurance must be an original with no alterations, type overs or whlte.oul. TABLE 3 Specific Information Required for Assigned Risk Insurance 1. A complete copy of the application for insurance, which must contain the foiiowing information: 1.1 The exact name and address of the applicant, who must be the permit holder; 1.2 The vehicle description, identification number and medallion number(s) of each vehicle to be insured; 1.3 The type(s) and limll(s) of liability coverage; 1.4 The e<<ective date and time 01 the insurance coverage; 1.5 MTDB included as a certllicate holder to be notllied at the address on this letterhead; 1.6 Statement as described in Table 2, nem 8; and' 1.7 The signature of a bona fide agent who has a current errors and omission policy on file with MTDB. No alterations, typeovers or whlte-oul 2. Proof of payment for a minimum 0125% of the annual premium; by copy of the agent's check or copy of the insured's cashie(s check or money order. 3. Proof Irom the assigned insurer that II has issued a policy must be received by Paratransit Regulatory Administration within 30 days of the assigned risk application date. TABLE 4 Insurance Company Standards Insurer is admitted in Call1ornia by the Call1ornia Department of Insurance; orthe insurer is not admitted in California but has an A.M. Best rating of A, and lis financial size category is no less than V (five). Contact the MTDB Paratransll Regulatory Administration for additional information. . In accordance with a California Vehicle Code Section 16502 as 01 January 1, 1988. Me~o~' A;,,:,e, 6'r~ ./. - ? C~ti' or C'lyl;l '/'$:01. Crt, 01 Co,,:.:",ac.":, c.;y~: E: C";:'~ c.:,. cl Im,~.,"j 8e:3:n ~~4 :::: o! LePlO~-.e c..f:! ~.a:..:.t'lg' C'l,' C :~.~! J:)~,:...,,. ': :,' '-:<' Sa:'! Diego. CIIV 01 Sa:"l:ee Co;,.n:y 01 Sa~, D;e;o S:ace -;! Cahlol:".,a Metropolitan TranSit DevelopmenlBoaro IS Coo'o:nator of the Metropolitan Transit System arlO 15 Regulatory Autnofll,lor ~ Para:rans.: A-:,",Il'.Slrahon Sub.,a..., co,p't"on. ;;; San D,e90 he"., Co'po,aHon. ii San 0'e90 T'O"e, Ino ana ~ San 0'.;0' ,,,,onae....,n "a"'." CO",".'" COUNCIL AGENDA STATEMENT ITEM TITLE: Item 7 Meeting Date 8/3/93 Resolution: J7,;tJ~esolution of the City Council of the City of Chula Vista allowing the closure of Third Avenue from "E" to "G" Street in order to conduct a festival on August 22, 1993, waiving the Sidewalk Sales Ordinance, and waiving the Business License Fees for the 1993 Third Avenue Festival 1993 Director of commug Development (7 . City Manage~" "(4/5ths Vote: Yes_No--.X ) SUBMITTED BY: REVIEWED BY: The Chula Vista Downtown Business Association is requesting permission to close Third Avenue between "E" and "G" Street in order to conduct the 1993 Third Avenue Festival on Sunday, August 22, 1993 from 6:00 AM to 8:00 PM. The festivities for this event will include live entertainment along with 147 arts and crafts booths. RECOMMENDATION: Staff recommends that Council adopt the attached Resolution which: 1. Allows the Downtown Business Association to close Third Avenue from "E" to "G" Street; 2. Waives the City's sidewalk sales ordinance; and, 3. Waives Business License Fees for vendors taking part in the 1993 Third Avenue Festival. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: The Downtown Business Association is requesting the following: 1. The closure of Third from 6 AM to 8 PM (A attached); and, Avenue on Sunday, August formal letter of request NOT SCANNED 22, is 1993 2. The Downtown Business Association requests a waiver of sidewalk sales ordinances and business license requirements for vendors taking part in the event. 7~/ Page 2, Item Meeting Date 7 8/3/93 The Chula Vista Downtown Business Association proposes to do the following: 1. Provide a map to the traffic engineer depicting the closure of streets and the flow of traffic; 2. Contact Police Department to arrange for necessary traffic and crowd control; 3. Work with the Fire Marshal to arrange for meeting City Fire Department requirements; 4. Coordinate scheduling of a meeting between the County Health Department and food vendors to assure compliance with County Health Codes; 5. Notify all business affected by the street closures along Third Avenue; 6. Arrange for barricades and posting of no parking signs 24 hours in advance; 7. Make provision for: trash and litter control during the event, cleaning the streets at the end of the Festival and coordinating final street sweeping with the Public Works Department following the Festival; and, 8. Provide a certificate of general liability insurance in the amount of one million dollars ($1,000,000), which names the City of Chula Vista as additional insured. Execute the City's hold harmless agreement. ANALYSIS: Since closing Third Avenue will affect the flow of traffic in the downtown area, the DBA will contact the City's traffic engineer, and the DBA will prepare a plan, to the traffic engineer's specifications, which specifies how traffic must be managed on Sunday, August 22, 1993. Since closing Third Avenue will also affect the City Transit System, staff spoke with the Transit Division, and they have agreed to the closure as long as "E" and "G" Streets remain passable for traffic. The Downtown Business Association is aware of this stipulation. The Downtown Business Association has also requested that the Business License Fees be waived for The Third Avenue Festival. In the past, the City has waived the Business License Fees for vendors taking part in the one day event in order to encourage participation. The Festival is expected ?-~ Page 3, Item ~ Meeting Date~ to attract people as well as promote the downtown. If the fees are not waived, each individual vendor will be charged $83.75 plus whatever the Downtown Business Association is charging for booth fees, and the combination of these fees could discourage vendor participation. Since having a large number of vendors will help insure the success of the 1993 Third Avenue Festival, Staff recommends the waiver, and since most of the $83.75 is the downtown assessment district fee, it seems reasonable to waive these fees. CONDITIONS OF APPROVAL: It is recommended that the City Council approve the Downtown Business Association's requests subject to the following conditions: 1. The Downtown Business Association must provide, 14 days prior to the 1993 Third Avenue Festival, evidence of general liability insurance in the amount of $1 million, in the form of a certificate of insurance and policy endorsement, naming the City of Chula Vista as additional insured; 2. The Downtown Business Association must execute an agreement to hold the City harmless from any liability stemming from Festival activities in the street; 3. The Downtown Business Association needs to provide for adequate traffic and crowd control, as determined by the Police Department, the cost of which will be paid for by the Downtown Business Association. The Downtown Business Association must prepare and submit to the Traffic Engineer, before August 9, 1993, a plan for managing traffic on August 22, 1993; 4. The Downtown Business Association needs to also provide for adequate litter control during and after the event including professional street sweeping. Expenses for this service will be paid for by The Downtown Business Association; 5. The Downtown Business Association must notify everyone, business people and residents, affected by the street closure within ten days of the event; 6. In order to meet the requirements of the Fire Marshal, the alleyways between "E" Street and "G" Street, east and west of Third Avenue, shall remain open and unobstructed for the purpose of fire apparatus access in the event of an emergency; and, ?rJ Page 4, Item ~ Meeting Date~ 7. In order to meet the requirements of the Fire Marshal and the Transit Division, "E" and "G" Streets must remain open to traffic. FISCAL IMPACT: The City will incur the administrative costs of processing this request. The Downtown Business Association will pay for costs related to the special police for traffic/crowd control; public works personnel for trash control, street cleaning, sidewalk cleaning and any additional costs or labor; and any additional services provided by the City. The DBA's Town Manager estimates the costs of these services to total approximately $1800. (ADR,disk 5, A:dbaclos4.doc) 7-1 RESOLUTION NO. 17,J.&~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ALLOWING THE CLOSURE OF THIRD AVENUE FROM "E" TO "G" STREET INDRDER TO CONDUCT A FESTIVAL ON AUGUST 22, 1993, WAIVING OF THE SIDEWALK SALES ORDINANCE, AND WAIVING OF THE BUSINESS LICENSE FEES FOR THE 1993 THIRD AVENUE FESTIVAL WHEREAS, the City Council of the City of Chula Vista established a Business Improvement Area on November 16, 1971 which created the Downtown Business Association; and WHEREAS, the Downtown Business Association has requested to close Third Avenue from "E" to "G" Street in order to conduct the 1993 Third Avenue Festival, on August 22, 1993; and WHEREAS, the Downtown Business Association has requested a waiver of the City's Sidewalk Sales Ordinance so that the Downtown Business Association can conduct the 1993 Third Avenue Festival; and WHEREAS, the Downtown Business Association has also requested a waiver of the Business License Fees for vendors taking part in The Third Avenue Festival; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista approves the closure of Third Avenue on August 22, 1993 for the purpose of the Downtown Business Association conducting the 1993 Third Avenue Festival subject to the conditions listed in Exhibit A. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista approves the requested waiver of the City's Sidewalk Sales Ordinance so that the Downtown Business Association can conduct 1993 Third Avenue Festival on August 22, 1993. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista approves the requested waiver of the City's Business License Fees for all vendors taking part in the 1993 Third Avenue Festival on August 22, 1993. Presented by: ~~ Approved as t IL /J1. Chris Salomone Director of Community Development Bruce M. Booga City Attorney (ADR, disk5,dbareso2.doc) 7:5 Exhibit A Conditions of Approval for the Closure of Third Avenue on August 22, 1993 by the Downtown Business Association 1. The Downtown Business Association shall provide, fourteen days prior to the 1993 Third Avenue Festival, evidence of general liability insurance in the amount of $1 million, in the form of a certificate of insurance and policy endorsement, naming the City of Chula Vista as additional insured; 2. The Downtown Business Association shall execute an agreement to hold the City harmless from any liability stemming from Festival activities in the street; 3. The Downtown Business Association shall provide for adequate traffic control and crowd control, as determined by the Police Department, the cost of which will be paid by the Downtown Business Association. The Downtown Business Association must prepare and submit to the City's Traffic Engineer, before August 9, 1993, a plan for managing traffic on August 22, 1993; 4. The Downtown Business Association shall provide for adequate litter control during and after the event including professional street sweeping. Expenses for this service shall be paid by the Downtown Business Association; 5. The Downtown Business Association must notify all business people and residents affected by the street closure ten days prior to the event; 6. In order to meet the requirements of the Fire Marshal, the alleyways between "E" Street and "G" Street, east and west of Third Avenue, shall remain open and unobstructed for the purpose of fire apparatus access in the event of an emergency; and, 7. In order to meet the requirements of the Fire Marshal and the Transit Division, "E" and "G" Streets must remain open to traffic. 7"~ ChuJa VISta DOWNTOWN Business Association Box 381 Chuta Vista California 91912-0381 July 19, 1993 Chris Salomone Community Development Director Community Development Department City of Chula Vista 276 Fourth Avenue ChuIa Vista, CA 91910 Dear Chris, Re: 1993 Third Avenue Arts & Crafts Festival The Third Avenue Festival will be held on Sunday, August 22 from 10 a.m. until 6 p.m.. We would like to close Third Avenue to through traffic between E Street and G Street from 6 am until 8 p.m.. Attached is a tentative map ready for your review. Thank you for your cooperation and support. ;~inCerelY' I'< . .~ ~ "'~ Mary C u:@~wn Manager ~-- ,\"2:;:3;,~::-:..... "a'" """"<'\\ rE>v" '<,;\ Q;:) ~^;' '--~ \ ;; \\\ \. ~:b\ (0 ~\0\"_,,,.</j :-t;..V:'~' ~~! ~ "'\~;::~;~~~~ 11 '" ~,,"' 'V,.y / y ~ 1,;; r:"~/I .;,(t._,- to' _.- SC :...../ -,_--.:_~:.c i:-/~ 7-7 1993 THIRD A VENUE ARTS & CRAFfS FESTIVAL Sunday, August 22, 1993 Tentative Street Layout Not to Scale >. .!l :( >. .!l :( ... '" ~ E Street ... '" '" ~ Latino Stage ><: Davidson Artist At Work Street F Street ><: ><" >< >< >< >< >< >< >< >< >< >< >< >< >< >< >< g >< >< >< >< fi >< >< Center Street >< v >< ~ .~. "0 >< >< .!:I >< >< >< >< ~ >< >< >< >< >< >< >< >< . M.L ~trP...1 Community Sa >< >< >< >< >< ~ ~ ~ >< Parkway ~ ~ Children's Area G Street t tge Davidson, F , Center Street and Madrona Streets will be closed to through traffic. East and West Alleys to remain open to through traffic. x = Arts & Crafts, Commerical And Food Booths 7'~ COUNCIL AGENDA STATEMENT Item~ 8. Meeting Date 8/3/93 Resolution J 7.2t' 1 Approving a Supplemental Subdivision Agreement with the Developer of EastLake Greens Unit 14 Subdivision needed to satisfy Tentative Map Conditions of Approval No. 30 and 31(c) Resolution 17.2.ltJ Approving the Final Map and Subdivision Improvement Agreement and Authorizing the Mayor to execute said agreement for Chula Vista Tract 88-3, EastLake Greens, Unit 14 Director of Public Works .1f\V" Director of Planning r4' City ManagerjG ~ ~\ (4/5ths Vote: Yes_NoX) ITEM TITLE: /J. SUBMITTED BY: REVIEWED BY: On July 25, 1989, by Resolution No. 15200, the City Council approved the Tentative Subdivision Map for Chula Vista Tract 88-3, EastLake Greens. The Final Map and associated agreements for Unit 14 are now before Council for approval. RECOMMENDATION: That Council approve the resolutions. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The project is generally located north of Clubhouse Drive between North Greensview Drive and EastLake Parkway and consists of 86 lots for single-family residential units and two lettered lots for open space. The Design Review Coordinator determined that the 86 unit single family dwelling project, as revised by the applicant, is in substantial conformance with the original tentative map. Further noting that the project provides a single point of access from a street approved for access in the EastLake Greens SPA Plan and as conditioned in the original map approval. The Precise Plan contains the required number of product floor plans with alternate exterior elevations (see exhibits attached), minimum lot size and meets the criteria as stated in the Planned Community District Regulations and Design Manual for Unit 14. Tentative Map Condition of Approval No. 30 required the developer to enter into an agreement whereby the developer agrees that the City may withhold building permits for any units in the subject subdivision if traffic on Otay Lakes Road, Telegraph Canyon Road, EastLake Parkway, 8'.../ "' Page 2, ItemL Meeting Date 8/3/93 or East H Street exceed the levels of service identified in the City's adopted thresholds. Condition 31 ( c) required the developer to agree to waive the right to protest the formation of any assessment district for the construction of street improvements to connect Orange Avenue and Palomar Street to existing improvements to the west of the subject property and to not protest inclusion of the subject improvements as projects in the Eastern Territories Development Impact Fee system. The developer has executed an agreement to satisfy these requirements. The developer has also executed a subdivision improvement agreement and provided appropriate bonds to guarantee construction of required improvements. Another condition, Condition No. 57, required that the lotting approval for Unit 14 would necessitate City Council approval in conjunction with approval of a precise plan detailing the design of the project. On July 8, 1993, the City's Design Review Coordinator approved the site plan and architecture for Unit 14, subject to conditions of approval. These were subsequently revised as noted in the attached approval letter, Exhibit A. Part of Exhibit A is a revised Site Plan, which reflects the Conditions of Approval of the Precise Plan. Additional exhibits in the form of slides are available for presentation to the Council. They show the exterior elevations of the homes and a site plan showing perimeter landscaping. The Final Map for Chula Vista Tract 88-3 Unit 14 has been reviewed by the Public Works Department and found to be in substantial conformance with the revised Tentative Map. Approval of the map constitutes acceptance of sewer, drainage and tree planting easements and rejection of the open space lots within the subdivision as shown on the map. However, the City reserves the right to accept the rejected open space lots in the future per Section 66477.2 of the Subdivision Map Act. The developer has paid all applicable fees and all conditions of approval have been met. The final map and associated agreements are now before Council for approval. A plat is available for Council viewing. FISCAL IMPACT: Not applicable. WPC F:\HOME\ENGillEER\AGENDA\e1greens.14 File: EY-383 072393 8)(II181r5 NOTSCANlUD O'~ 1! ;; RESOLUTION NO. J 7 ~tJ9 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SUPPLEMENTAL SUBDIVISION AGREEMENT WITH THE DEVELOPMENT OF EASTLAKE GREENS UNIT 14 SUBDIVISION NEEDED TO SATISFY TENTATIVE MAP CONDITIONS OF APPROVAL NO. 30 AND 31(C) WHEREAS, on July 25, 1989, by Resolution No. 15200, the city Council approved the Tentative Subdivision Map for Chula vista Tract 88-3, Eastlake Greens; and WHEREAS, Tentative Map Condition of Approval No. 30 required the developer to enter into an agreement whereby the developer agrees that the City may withhold building permits for any units in the subject subdivision if traffic on Otay Lakes Road, Telegraph Canyon Road, EastLake Parkway, or East H Street exceed the levels of service identified in the City's adopted thresholds; and WHEREAS, Condition 31(c) required the developer to agree to waive the right to protest the formation of any assessment district for the construction of street improvements to connect orange Avenue and Palomar Street to existing improvements to the west of the subject property and to not protest inclusion of the subject improvements as projects in the Eastern Territories Development Impact Fee system; and WHEREAS, the developer has executed an agreement to satisfy these requirements. NOW, THEREFORE, BE IT RESOLVED that the city Council of the city of Chula vista does hereby approve a Supplemental Subdivision Agreement with Eastlake Development Company for EastLake Greens Unit 14 Subdivision, a copy of which is on file in the office of the city Clerk. Presented by of the city of o execute said ista. BE IT FURTHER RESOLVED that the Mayor Chula vista is hereby authorized and directed Agreement for and on behalf of the City Chul John P. Lippitt, Director of Public Works F:\home\attomey\BL14.SIA o/}-I /8~"~ 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 PUBLIC AGENCY OF LESS THAN A FEE INTEREST FOR WHICH NO CASH CONSIDERATION HAS BEEN PAID OR RECEIVED. DECLARANT SUPPLEMENTAL SUBDIVISION AGREEMENT Eastlake Greens Unit 14 Regarding Conditions of Approval No. 30 and 31(al. 31(bl and 31(cl THIS SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT ("AGREEMENT") IS MADE THIS DAY OF JULY 1993 BY AND BETWEEN THE CITY OF CHULA VISTA, CALIFORNIA ("CHULA VISTA") AND EASTLAKE DEVELOPMENT COMPANY, A CALIFORNIA GENERAL PARTNERSHIP. (EASTLAKE) RECITAL A. WHEREAS, EASTLAKE IS THE OWNER OF REAL PROPERTY LOCATED IN CHULA VISTA, CALIFORNIA, WHICH IS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ("PROPERTY") ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. B. WHEREAS, EASTLAKE IS ABOUT TO PRESENT TO THE CITY COUNCIL OF CHULA VISTA FOR APPROVAL AND RECORDATION. A FINAL SUBDIVISION MAP OF A PROPOSED SUBDIVISION TO BE KNOWN AS EASTLAKE GREENS, UNIT 14 CHULA VISTA TRACT 88-3 PURSUANT TO THE PROVISION OF THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA AND IN COMPLIANCE WITH THE g- rt:J PROVISION OF TITLE 18 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO THE FILING, APPROVAL AND RECORDATION OF THE SUBDIVISION MAP. C. WHEREAS, A TENTATIVE MAP OF SAID SUBDIVISION HAS BEEN APPROVED, SUBJECT TO CERTAIN REQUIREMENTS AND CONDITIONS, AS CONTAINED IN RESOLUTION NO. 15200, APPROVED ON JULY 18, 1989. NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL TERMS AND CONDITIONS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: 1. TRAFFIC. THE DIRECTOR OF PUBLIC WORKS OF CHULA VISTA ("DIRECTOR") MAY SUSPEND THE ISSUANCE OF ANY BUILDING PERMITS FOR THE CONSTRUCTION OF ANY IMPROVEMENTS ON THE PROPERTY, UPON FINDING, IN HIS SOLE DISCRETION, REASONABLY EXERCISED, USING INDUSTRY ACCEPTED STANDARDS, INCLUDING BUT NOT LIMITED TO, CALIFORNIA DEPARTMENT OF TRANSPORTATION HIGHWAY DESIGN AND TRAFFIC MANUALS, THAT AT ANY POINT ON THE FOLLOWING SECTIONS OF STREETS: A. TELEGRAPH CANYON ROAD (WHICH RUNS BETWEEN INTERSTATE 805 AND OTAY LAKES ROAD); B. OTAY LAKES ROAD; C. EASTLAKE PARKWAY BETWEEN OTAY LAKES ROAD AND ORANGE A VENUE; D. EAST H STREET BETWEEN INTERSTATE 805 TO THE EASTERLY END THEREOF. THE "LEVELS OF SERVICE", AS MEASURED USING THE 1985 HIGHWAY CAPACITY MANUAL METHOD EXCEEDS THE ADOPTED TRAFFIC THRESHOLD STANDARDS, AS DULY ADOPTED BY THE CHULA VISTA CITY COUNCIL ON NOVEMBER 17, 1987, BY THEIR RESOLUTION NO. 13346 ("TRAFFIC THRESHOLDS"). 1.1 IF THE DIRECTOR SHOULD MAKE SUCH A FINDING AS REFERENCED IN THIS SECTION 1, THEN THE DIRECTOR SHALL, WITHIN FIVE (5) DAYS AFTER MAKING SUCH A FINDING, PROVIDE EASTLAKE WRITTEN NOTICE OF SUCH FINDING. FAILURE TO PROVIDE NOTICE DOES NOT INVALIDATE THE AUTHORITY OF THE DIRECTOR TO SUSPEND ISSUANCE OF PERMITS. 2. MAINTENANCE DISTRICT - TELEGRAPH CANYON. EASTLAKE AND THEIR SUCCESSORS AND ASSIGNS SHALL NOT PROTEST FORMATION OF Ii. DISTRICT FOR THE MAINTENANCE OF THE DRAINAGE CHANNEL IN TELEGRAPH CANYON. '6/1--;'; 3. MAINTENANCE DISTRICT - MEDIANS AND PARKWAYS. EASTLAKE AND THEIR SUCCESSORS AND ASSIGNS SHALL NOT PROTEST FORMATION OF A DISTRICT FOR THE MAINTENANCE OF LANDSCAPED MEDIANS AND PARKWAYS ALONG STREETS WITHIN AND ADJACENT TO THE PROPERTY. 4. ASSESSMENT DISTRICT. EASTLAKE AND THEIR SUCCESSORS AND ASSIGNS SHALL NOT PROTEST FORMATION OF AN ASSESSMENT DISTRICT FOR THE CONSTRUCTION OF STREET IMPROVEMENTS TO CONNECT ORANGE AVENUE AND PALOMAR STREET TO EXISTING IMPROVEMENTS TO THE WEST OF THE PROPERTY AND SHALL NOT PROTEST INCLUSION OF THE SUBJECT IMPROVEMENTS AS PROJECTS IN THE EASTERN TERRITORIES DEVELOPMENT IMPACT FEE SYSTEM. 5. AGREEMENT BINDING UPON SUCCESSORS. EXCEPT AS TO THE PROVISIONS OF PARAGRAPH 12, BELOW, ENTITLED "SUBDIVISION MAP INDEMNITY", WHICH IS A DUTY OF DEVELOPER AND SUCCESSOR DEVELOPERS ALONE AND WHICH SHALL NOT BE BINDING ON GOOD FAITH TRANSFEREES FOR BONA FIDE VALUE OF THE DEVELOPER AND SUCCESSOR DEVELOPERS, THIS AGREEMENT SHALL BE BINDING UPON AND INURE TO THE BENEFIT OF THE SUCCESSORS, ASSIGNS. AND INTERESTS OFTHE PARTIES AS TO ANY OR ALL OF THE PROPERTY UNTIL RELEASED BY THE MUTUAL CONSENT OF THE PARTIES. 6. AGREEMENT RUNS WITH THE LAND. EXCEPT AS TO THE PROVISIONS OF PARAGRAPH 12. BELOW, ENTITLED "SUBDIVISION MAP INDEMNITY", WHICH IS A DUTY OF DEVELOPER AND SUCCESSOR DEVELOPERS ALONE AND WHICH SHALL NOT BE BINDING UPON AND RUN WITH THE OWNERSHIP OF THE LAND, THE BURDEN OF THE COVENANTS CONTAINED IN THIS AGREEMENT ("BURDEN"' IS FOR THE BENEFIT OF THE LAND OWNED BY THE CITY ADJACENT TO THE PROPERTY. THE BURDEN TOUCHES AND CONCERNS THE PROPERTY. IT IS THE INTENT OF THE PARTIES, AND THE PARTIES AGREE, THAT THIS COVENANT SHALL BE BINDING UPON, AND RUN WITH, THE OWNERSHIP OF THE LAND WHICH IT BURDENS. 7. 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 WHO 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. FACSIMILE TRANSMISSION SHALL CONSTITUTE PERSONAL DELIVERY. 0'/1".5 CITY OF CHULA VISTA 276 4TH AVENUE CHULA VISTA, CA 92010 ATTN: ENGINEERING DEPARTMENT EASTLAKE DEVELOPMENT COMPANY 900 LANE AVENUE SUITE 100 CHULA VISTA, CA 92013 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. FACSIMILE TRANSMISSION SHALL CONSTITUTE PERSONAL DELIVER. 8. 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. 9. ENTIRE AGREEMENT. THIS AGREEMENT CONTAINS THE ENTIRE AGREEMENT BETWEEN 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. 10. PREPARATION OF AGREEMENT. NO INFERENCE, ASSUMPTION OR PRESUMPTION SHALL BE DRAWN FROM THE FACT THAT A PARTY OR HIS ATTORNEY PREPARED AND/OR DRAFTED THIS AGREEMENT. IT. SHALL BE CONCLUSIVELY PRESUMED THAT BOTH PARTIES PARTICIPATED EaUALL Y IN THE PREPARATION AND/OR DRAFTING THIS AGREEMENT. 11. RECITALS: EXHIBITS. ANY RECITALS SET FORTH ABOVE ARE INCORPORATED BY REFERENCE INTO THIS AGREEMENT. 12. SUBDIVISION MAP INDEMNITY. EASTLAKE AGREES THAT, ON THE CONDITION THAT CHULA VISTA SHALL PROMPTLY NOTIFY EASTLAKE OF ANY CLAIM, ACTION, OR PROCEEDING AND ON THE FURTHER CONDITION THAT CHULA VISTA FULLY COOPERATES IN THE DEFENSE, EASTLAKE SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS CHULA VISTA, AND ITS AGENTS, OFFICERS, AND EMPLOYEES, FROM ANY CLAIM, ACTION, OR PROCEEDING AGAINST CHULA VISTA, OR ITS AGENTS, OFFICERS, OR EMPLOYEES, TO ATTACK, SET ASIDE, VOID, OR ANNUL ANY APPROVAL BY CHULA VISTA, INCLUDING APPROVALS BY ITS PLANNING COMMISSION, CITY COUNCIL, OR ANY APPROVAL BY ITS AGENTS, OFFICER, OR EMPLOYEES WITH REGARD TO THIS SUBDIVISION. g4.;~ f ',~ 'l!. 8 , [ ~ ~ I '; ~ I I ~ ~ 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 BY: MAYOR OF THE CITY OF CHULA VISTA ATTEST: CITY CLERK BY UCE M. BOOGAA CITY ATTORNEY EASTLAKE DEVELOPMENT COMPANY A CALIFORNIA GENERAL PARTNERSHIP BY: BOSWELL PROPERTIES, INC. A GENE~PARTNER . _ BY:~-c:? ~ PAUL G. NIET ,VICE PRESIDENT BY: A.n ROBERT L. SANTOS BY: THE TULAGO COMPANY A GEN~L !:A~NER B0~%~ PAUL G. NIETO, VICE PRESIDENT By:!11A (ki ROBERT L. SANTOS STATE OF CALIFORNIA I t1, ;AA COUNTY OF -<ta..1' ~ On ~r- :J.O, ,q'l!> b~ore_me, } }ss. } ,Cot!;.;;) ~7a,~ ~. } STATE OF CALIFORNIAA Q..u; }ss. COUNTY OF, ~~ r ~ -!1 On , ., J..O I /1q3 before me, ' I '(l per~e~ared ~"f~. 1}il'~ ~ rf JJ::~ personally known to me (or proved to me on the basis of satisfactory evidence) to. be the person(s) whose name(s) _are subscribed to the within instrument and acknowledged to me thatM-/&Re/they executed the same in ~heir authorized capacity(ies). OFFICIAl SEAL @"'SILVANABRAZELL .'- NOTARY PUBlIc.cAlIfORNIA . .. " PRINCIPAL OffiCI IN . SAIl OIEGO COUNTY ~ _' M, Commissioo Ex,",", fob. 12. 1994 and that by ~!Aer/their signature{s) on the instrument person{s) acted, executed the instrument. Signature e tr'/?r 7 (This area for official notarial seal) EXHIBIT "A" LEGAL DESCRIPTION ALL THAT LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, DESCRIBED AS FOLLOWS: LOT 3 OF CHULA VISTA TRACT NO. 88-3, EASTLAKE GREEN PHASE 1 BIC, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 12545, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 26, 1990. EXCEPTING THEREFROM AN UNDIVIDED 1/2 INTEREST IN ALL OIL, GAS AND MINERALS OWNED BY GRANTOR 500 FEET OR MORE BELOW THE SURFACE OF SAID LAND, BUT WITHOUT THE RIGHT OF ENTRY ON THE SURFACE OF SAID LAND. . r;/J'~ , 07-20-1993 10:29AM FROM NCE,INC. TO 6915171 P.0l pAR1'NBRSmp AUT~ORI'l.AnON Easlhlre Development Company. a Callfomla general paMenlUP (hereinafter ''EDe''). htteWiUI authOrizes lhe following individuals. bolh acting together, on bdlalf ofBDC and with regan! to thl:l conduCl ofbuSincss at BDC's EastLakc development proJC<:t 111 OIWIl VIsI&, CalIfornia. to: (a) Sell, gMl and convey individual parcels located on that certain real property In Chula Vista, Counly of San Dlego,State of canfomla, described in Exhibit "A" attached hereto ("Real Property" herein). bUl not to seU. gn\llL or convey 1hc Real Pruperty as a wllole; (b) Enler into any contract or contracts for the sale of said ~ls upon such terms as they, In lhelr sole discretion. shall detemline, including bill nol limited 10 thl:l acf;eptan~ of the promissory note of buyer or any oUter person. unsecured or secured eiUlCf by the property sold alone or Olher propert)'; (c) Execute. acknowledge and deliver In EDe's name any contracts of sale. bills of sale. escrow InsUuCllons. deeds of tide or any olhUdocumenlS which lt1ey In the cltcrclse of !belr sole (jJsetet1on, deem necessary to cOOlplele the sale and conv~yancc of sald parcels; and . (d) Do any Olher acts reasonably necessary or 8Pl'roprlate to implement the actions authorized in subparagraphs (a) . (e) above. 1110 above described authOrization shall remain in force unless specifically revoked. The following indlvlduals. aQlng together. are herein authorized to Cltecutc doCUments 01\ behalf of EDC In Iheir capacily lIS employees or officers of the Icneral parlnenl of lIDC. All prior authorizations 8M herewith ~voke4. Paul 0, Nielo . Vioo Presiderll. Boswell Properties. Tnc. Robert L, santoS Bltccuted asorlhe 31st day of Dccembcr. 1992 By: BASTLAKB OBVELOPMBNT COMPANY. II Cal1(omla general parlMrshlp By: The 1\lTago Company, a senera1 partner := ~ - /~ .e.' -. 'N-/ Co. N;,d'o and ';;31.:> -S.:..z.z..: FcIx *' . Oats Rece1vAd Mar 5pl'( , ,-.",r: r ,': ~~aPS :&50 ''{<+:'1 . c ,,';''';'.0;09 9{'Y. .'!I.,. (_ o.-."M ar"'.'~' , ~ "., ... " tI ~/1~i TOTAL P.01 RESOLUTION NO. /?,,211J RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA TRACT 88-3, EASTLAKE GREENS UNIT 14, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, REJECTING ON BEHALF OF THE CITY OF CHULA VISTA THE OPEN SPACE LOTS GRANTED ON SAID MAP AND ACCEPTING THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT NOW, THEREFORE, BE IT RESOLVED that the City the city of Chula vista hereby finds that that certain entitled CHULA VISTA TRACT 88-3, EASTLAKE GREENS, particularly described as follows: Being a subdivision of Lot 3 of Chula vista Tract No. 88- 3, EastLake Greens Phase 1 B / c, in the City of Chula vista, County of San Diego, State of California, according to Map thereof No. 12545, filed in the office of the county Recorder of San Diego on January 26, 1990. Council of map survey and more Area: 11.387 acres Numbered Lots: 88 No. of Lots: 88 Lettered Lots: 2 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that said city Council hereby accepts on behalf of the City of Chula vista the public streets, to-wit: willow Creek Circle, Peachtree Circle and Forest Lake Drive, and said streets are hereby declared to be pUblic streets and dedicated to the public use. BE IT FURTHER RESOLVED that Lots A and B are hereby rejected for Open Space, public utilities and other public uses. BE IT FURTHER RESOLVED that said council hereby accepts on behalf of the city of Chula vista the easements with the right of ingress and egress for street tree planting and maintenance, the construction and maintenance of sewer and drainage facilities and the 10 foot general utility easement, all as granted and shown on said map within said subdivision. 1 ~g~/ - , BE IT FURTHER RESOLVED that the City Clerk of the city of Chula vista be, and she 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 said public streets are accepted on behalf of the public as heretofore stated and that said lots are rejected for Open space and other public uses, and that those certain easements with the right of ingress and egress for the construction and maintenance of street tree planing, the construction and maintenance of sewer and drainage facilities and the 10 foot general utility easement, as granted thereon and shown on said map within said subdivision is accepted on behalf of the City of Chula vista as hereinabove stated. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula vista be, and she is hereby authorized and directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that the city Clerk be, and she 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 certain Subdivision Improvement Agreement for Chula vista Tract 88-3 EastLake Greens unit 14 Subdivision, dated , for the completion of improvements in said subdivision, a copy of which is attached hereto and by reference made a part hereof, the same as though fully set forth herein be, and the same is hereby, approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the ci of Chul vista. aJ :J! ty Presented by John P. Lippitt, Director of Public Works F:\bome\attorney\EL14.Sub 2 8"(J',,2.. "\1 ~ Recording Requested by: CITY CLERX When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula vista, Ca. 91910 No transter tax is due as this is a conveyance to a public agency ot 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 , 199~, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City". and Eastlake Develoome Company, a California general partnership, 900 Lane Ave., Ste. 100, Chula Vista, CA 91914 hereinafter called "Subdivider"; liI:rHi~~i:rH.i.. 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 EASTLAKE GREENS UNIT 14 pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions ot Title 18 of the Chula Vista Municipal Code relating to the tiling, approval and recordation of subdivision map; and, WHEREAS, the Code provides that before said map is finally approved by the Council of the City ot Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps ot subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder ot 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 ot Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council, and WHEREAS, Subdivider is willing in consideration ot the approval and recordation of said map by the Council, to enter into -1- g'B~J this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public 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. 15200 , approved on the 18th day of Julv , 19..ll-("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared and submitted to the City Engineer, as shown on Drawings NoS. 93-0377 through 93-0384 inclusive , on file in the office of the city Engineer, and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of $820,000.00. 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 public improvement and/or land development work required to be done in and adjoining said subdivision ("Improvement Work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and by 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 third 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 -2- ~O~i . occupancy in said subdivision, prior to the issuance of any certificate of 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 public 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 HUNDRED TEN THOUSAND DOLLARS AND NO CENTS ($410,000.00) 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 HUNDRED TEN THOUSAND DOLLARS AND NO CENTS ($410,000.00) to secure the payment of material and labor in connection with the installation of said public 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 EIGHT THOUSAND THREE HUNDRED DOLLARS AND NO CENTS ($8,300.00) (per private engineer's estimate) 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 -3- ~B:'.> ----- I 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 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 SUlD or sums for said work or any materials furnished therefor, 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 public 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 public 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 -4- 8'.a ..(, T 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 public 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. 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. IN WITNESS WHEREOF, agreement to be executed forth. the parties hereto have caused this the day and year first hereinabove set THE CITY OF CHULA VISTA SUBDIVIDER: Mayor of the City of Chula Vista ATTEST . City Cl r .at .~ ... City Attorney By: see attached signature bl. Its: <60" 7 ~ ! ~ j !'! u: p ~ ~ EASTLAKE: EASTlAKE DEVELOPMENT COMPANY, a California general partnership BOSWEll P~ERTIES, INC., a California corporation, General Partner By: ~-4~ THE TULAG OMPANY, a California corporation, General Partner /?h? ~. ~. R By: By its: (/ ? By: By: By its: .r STATE OF CALIFORNliJ il -, COUNTY OF {lcH.. ~LI-" On ju.~ ,:J.D! 1'I't3 before me, I Iss. } J<I'c1ua<uJ J1111~ f1~~) I }ss, ~L~~.;J /hH1R~ (/ On personalty known to me (or proved to me on the basis of satisfactory evidence) to be the personfet whose namefs1 isJar-& subscribed to the within instrument and acknowledged to me thaI he/&Re~ executed the same in his/Reff~ authorized capacity~ and that by his/~~ signaturef9r on the instrument the personf9t or the entity upon behalf of which the persontsracted, executed the instrument WITNESS my hand elfficia' seal. ., Signalure___ :Lua"'.fJ -l~f)j;3t.t{ 8"/J-~ LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: $410,000.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $410,000.00 Exhibit "C" Improvement Security - Monuments: Form: Bond Improvement Completion Date: Three (3) years approval of the Agreement. f ate of Council ision Improvement C:llcllubclivia -6- ~13 '7 , -- COUNCIL AGENDA STATEMENT SUBMITTED BY: Item..!1...- Meeting Date 8/3/93 Resolution 17.2 II Approving the filing of an application for Congestion Mitigation and Air Quality Fund (CMAQ) under the Intermodal Surface Transportation Efficiency Act (lSTEA) of 1991 and designating the City Engineer as the authorized representative for this program Director of Public works) ~ City Manager J~ ~ ~j (4/Sths Vote: Yes_No X) ITEM TITLE: REVIEWED BY: The Congestion Mitigation and Air Quality Program (CMAQ) was enacted as part of the Intermodal Surface Transportation Efficiency Act (lSTEA) of 1991. The San Diego County Area is scheduled to receive more than $12.7 million over a six-year (6 cycles) under this program. Projects must be used for transportation improvements that enhance air quality. The State has determined that signal timing enhancement, traffic signal equipment upgrade, and traffic signal computer control equipment are high priority under CMAQ program. Traffic Engineering staff believes that the City's existing computerized traffic signal system which is five years old has limitations on its ability to respond to continuous changes in traffic flow. State of the art signal timing system referred to as "Split Cycle-Time and Offset Optimization Technique" (SCOOT) provides an opportunity to the City to make our signal system more responsive to changes in traffic patterns and peak hour volumes. This resolution will approve the filing of an application for CMAQ funding to upgrade our traffic signal system. RECOMMENDATION: That City Council approve the resolution. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: In late 1991, Congress drafted and the President signed into law the Intermodal Surface Transportation Efficiency Act (IS TEA). A component of ISTEA is the Congestion Mitigation and Air Quality Program (CMAQ). This program provides $6 billion over the 6-year life of the act. The CMAQ funds must be used for transportation improvements that enhance air quality in those areas of the U. S. where federal ozone and carbon monoxide standards are not met. The San Diego area has been identified as a nonattainment area. SANDAG Board of Directors, who administers the CMAQ funds, has approved the use of these funds for Traffic Signal projects within the San Diego Region. The allocation of these funds to individual projects will be made by the SANDAG Board as an amendment to the 1992-99 Regional Transportation Improvement Program. The San Diego Traffic Engineer's Council (SANTEC), a standing committee of SANDAG, has been asked to coordinate the funding process and 9-/ Page 2, Item~ Meeting Date 8/3/93 review projects submitted for these funds. Funding will be available for the following traffic signal project categories: Signal Retiming Equipment Upgrade Computer Control Equipment Minor Signal Modifications Information and Monitoring Systems Up to $4 million will be available for traffic signal projects in the San Diego Region this fiscal year. The first round of funding will be an "accelerated funding schedule" of approximately $2 million with applications from agencies with the region due by August 6, 1993. This resolution will authorize the City Engineer to file an application with SANDAG to upgrade our computerized traffic signal system. The proposed signal system improvement proj ect will convert our signal system from a pre-determined fixed time operation to real time operation. SCOOT is an advance system of urban traffic control used worldwide to provide economic and environmental benefits from improvements in vehicle journey times and reduced numbers of stops and delays when compared with the best fixed time plans. SCOOT offers major advantages over fixed time plan systems such as our system by allowing centralized control to respond to changes in traffic flow as they occur (real time), rather than controlling signals according to a prearranged plan. SCOOT monitors traffic conditions continually, collecting traffic information every second through loop detectors. This data is sent to a model of the street network held in the central computer to determine the best coordination of signal timings for minimum traffic delay. It is worth noting that the City of San Diego is in the process of installing the SCOOT system in the FriarsIMission Gorge Corridor. Staff estimates that the total cost to upgrade our traffic signal system to the adaptive traffic control system (SCOOT) will cost about $750,000. The conversion is programmed in three phases to coincide with the first three cycles of the six year San Diego Region CMAQ program. SANDAG will process the first cycle in August 1993, the second in February 1994, and the third cycle in summer 1994. Thus, the program allows the City to file for $500,000 in FY 93-94 and $250,000 for FY 94-95. Beyond this time period, staff will evaluate other needs and bring the to Council requests for additional transportation improvements for the remaining three cycles of the CMAQ program. FISCAL IMPACT: Potential total traffic improvement revenues to the City amount to $750,000. The City will not have to provide any funding for this project. The 20% matching funds for Federal projects will come from the State of California Traffic Signal Management program. File: WPC F:lhome\engmeer\agenda\cmaqiste 072893 9 - :2.. RESOLUTION NO. J 7~) I RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FILING OF AN APPLICATION FOR CONGESTION MITIGATION AND AIR QUALITY FUND (CMAQ) UNDER THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT (ISTEA) OF 1991 AND DESIGNATING THE CITY ENGINEER AS THE AUTHORIZED REPRESENTATIVE FOR THIS PROGRAM WHEREAS, The Congestion Mitigation and Air Quality Program (CMAQ) was enacted as part of the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991 wherein the San Diego County Area is scheduled to receive more than $12.7 million over a six-year period (6 cycles) under this program; and WHEREAS, projects must be used for transportation improvements that enhance air quality and the State has determined that signal timing enhancement, traffic signal equipment upgrade, and traffic signal computer control equipment are high priority under CMAQ program; and WHEREAS, Traffic Engineering staff believes that the City'S existing computerized traffic signal system which is five years old has limitations on its ability to respond to continuous changes in traffic flow; and WHEREAS, state of the art signal timing system referred to as "Split CYCle-Time and Offset Optimization TeChnique" (SCOOT) provides an opportunity to the city to make our signal system more responsive to changes in traffic patterns and peak hour volumes. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby approve the filing of an application for Congestion Mitigation and Air Quality Fund (CMAQ) under the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991. BE IT FURTHER RESOLVED that the City Engineer is hereby designated as the authorized representative for this program. John P. Lippitt, Director of Public Works Approved as to form by 4-111. ~.Jl Bruce M. Boogaard, ity Attorney Presented by F:\home\attomey\CMAQ 9-3 COUNCIL AGENDA STATEMENT Item / " SUBMITTED BY: Meeting Date 8/3/93 Resolution I? .21.;1.. Amending Schedule II Special Stops Required and approving all-way stop at Second Avenue and C Street Director of Public Works.J; r City Manager J~ ~ ~ (4/5ths Vote: Yes_No.x..) ITEM TITLE: REVIEWED BY: BACKGROUND: On September 1, 1992, a Trial Traffic Regulation establishing an all-way stop on Second Avenue at C Street was implemented. The placement of signs and pavement legends was completed on September 18, 1992. RECOMMENDATION: That the City Council approve the resolution. BOARDS/COMMISSIONS RECOMMENDATION: The Safety Commission, at their meeting of August 13, 1992, voted 4-0-3 (Braden, Chidester and Thomas absent) to concur with staff and establish a Trial Traffic Regulation to install an all-way stop at the intersection of Second Avenue and C Street. At the July 8, 1993 meeting, the Safety Commission voted 6-0-1 (Koester absent) to approve the installation of the all-way stop at the intersection of Second Avenue and C Street and recommend to the City Council to pass a resolution making this all-way stop permanent. DISCUSSION: Second Avenue is a north-south residential collector street with a curb-to-curb width of 40 feet in the improved sections. The Average Daily Traffic (ADT) on North Second Avenue, north of C Street is approximately 5,360. South of C Street, the ADT is approximately 7,030. The speed limit is 30 MPH. C Street is a residential collector street with a width that varies from 36 feet to 40 feet in the improved sections. The Average Daily Traffic (ADT) on this street is approximately 1,060 trips per day. The speed limit is posted at 25 MPH. Pursuant to the provisions of Section 10.12.030 of the Chula Vista Municipal Code, adopted by Ordinance No. 1625 on May 27, 1975, the City Engineer on September 1, 1992, determined that in the interest of minimizing traffic hazards and congestion and for the promotion of public safety, a Trial Traffic Regulation be established. The all-way stop regulation became effective upon the posting of signs on September 18, 1992, and has run for a trial period of eight (8) months from the date of such posting. A review of said installation has been made which has /d-j T Page 2, Item I tJ Meeting Date 8/3/93 determined that the prohibition should be made permanent. Section 10.12.030 of the Chula Vista Municipal Code only allows a Trial Traffic Regulation to exist for eight months, at which time either a resolution affuming the Trial Traffic Regulation must be adopted or the Trial Traffic Regulation ceases to be effective. A review of the reported traffic accidents at this location shows that in the 12 months previous to the installation of the all-way stop, there were three reported accidents at this intersection. In the eight months since the installation of the all-way stop signs at this intersection there have been zero (0) reported accidents. Conclusion A review of the traffic conditions by staff show that this Trial Traffic Regulation is operating effectively. Therefore, staff recommends that the Trial Traffic Regulation be made permanent. FISCAL IMPACT: Not applicable. Attachments: Area Plat TEE40 Accident Summary Safety Commission August 13, 1992, July 8, 1993 (excerpt) NOTSCANNEn File: CY-027 WPC F:\HOME\ENGrnEER\AGENDA \CSTSTOP /t?',;;... RESOLUTION NO. I?;' I)", RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING SCHEDULE II SPECIAL STOPS REQUIRED AND APPROVING ALL-WAY STOP AT SECOND AVENUE AND C STREET WHEREAS, pursuant to the prov1s1ons of section 10.12.030 of the Chula vista Municipal Code, on September 1, 1992, a Trial Traffic Regulation establishing an all-way stop on Second Avenue at C Street was implemented; and WHEREAS, the safety Commission, at their meeting of August 13, 1992, voted 4-0-3 to concur with staff and establish a Trial Traffic Regulation to install an all-way stop at the intersection of Second Avenue and C Street; and WHEREAS, a review of the traffic conditions by staff show that this Trial Traffic Regulation is operating effective and staff recommends that the Trial Traffic Regulation be made permanent. NOW, THEREFORE, BE IT RESOLVED that the city Council of the City of Chula vista does hereby amend Schedule II Special stops Required to approve an All-Way stop at Sec d Avenue a d C Street. Presented by Bruce M. Attorney John P. Lippitt, Director of Public Works F: \home\attomey\sWp.2nd /tI-3/0-1 ..... '..U.L~' ~~ CMAM".l .............................. ~ <lo,~ ~~ ,-- :::-- ~ ~ c~~ J' ,..~ '" Cli' l1li' c .- ",,,EI' I... ...EE ~ ..,.~EI' .. :I: ~ - ... 14 1'0 %4 ,,"17_TIlOUSDAL~ ""lIII V ~lf .. ,. I , , f ~f--' I/; , , ilia: .- ;:) -: Iii 0 ... , n_, :z: I ~ ... --- -------- II: 0 Z I m t:=l -1 I- I- I- i- I~ 1= ---- I- - - I-- - I I-- I--- .- 1- i-' h-1 -1E > oC CJ DRj\WN ~ c::::rJ D.M. Wolfe --------...- DATE .-20-93 -------- -,- i T , ::> z > ~- Il TIT L E I -51;'" .ST ~ ... ? 1l1ill LJrft~ :-iL ,;:11- ~~'\ I .~\ ~ r--- h I '-f ~ WI"! '- I-- I-- ~ ~.'- - 11\ r- l-,- \ L..;- - \.0 - 1= ..... ~ I-- I-- L- I-- I I-- ~t: r /-f1 H '1 I I .~C7 I I~ I C Z In 1"- I ! /f..=f;U I "'lInT -" I r-~ ..- f- - '" f- --- r- ---- I ::.IHI ~.::: Iii.::. H ,-- T ARE~ PLAT //J, s T-4t ClULA VISTA RUN DATE: 6-23-93 TRAFFIC COLLISION DETAIL REPORT LOCATION COOC: 30710- . SITE LOCATll)l: at C ST 2 SEARCH OATES from 01-01-90 to 04-30-93 and SECl)lD AVE I COLLISION VIC- TYPE POINT OF PRIM COL. M-V OTHER REPOOT COLLISION TIMS OF IIlPACT FACTOR ROAD INV R/W PED --VEHICLE-- DRIV./PED ASSOC NO. DATE DA TIME IN FA COL. LOCATION VC SEC GP WEA LIT S CON WIT CTL ACT NO. TP MV DIR AGE SEX SID FACTOR 729 05-02-90 TH 1800 2 0 OTHR 0' ? 22107 13 CLR OAY A H G D A lOB N 21 M A N 2 L P N 25 M A N 1597 10-22-90 TU 1523 0 0 REAR 0' ? 22350 2 CLR OAY A H C D A I D B N 38 M A N 2 A A N 76 F A N 10246 02-25-91 TU 1300 I 0 BROD 0' ? 21802A 7 CLD OAY A H C A A I E B S 21 M A N 2 A E E 66 M A N 20760 06-20-92 SU b30 0 0 SIDE 0' ? 21755 13 CLR DSK A H C D A I D D W 29 M A N 2 A D W 73 M A N 20782 06-25-92 F 1705 0 OTHR 0' ? 23152A CLR DAY A H A D A I C D W 36 M B A 2 93 20919 07-31-92 SA 1519 0 0 BROD 0' ? 21802A 7 CLR OAY A H C A A I D B S 27 M A N 2 A E E 44 F A N . . I~-t. T-41 CHLlA VISTA RON DATE: 6-23-93 . TRAFFIC COlLISION LOCATION OtJMARY SITE LOCATION: it C ST 2 SEARCH DATES from 01-01-90 to 04-30-93 iod SEcnlD AVE 1 1. COLLISION TYPES 3. LIGHTING CONDITIONS TOTAL PERC. TOTAL PERC. HEAD-ON 0 .0 DAYLIGHT 5 83.3 SIDESWIPE I 16.7 DlISK-DAWN 1 16.7 REAR END 1 16.7 DARK, ST LIGHTS . .. BROADSIDE 2 33.3 DARK, NO ST LIGHTS 0 .0 HIT OBJECT 0 .0 DIVlK, ST LI GHTS NOT OVERTURNED 0 .. FOCT!CWING 0 .0 AlITO/PEDES 0 .0 OTHER 2 33.3 TOTAL 6 100.0r. TOTAL 6 100.0r. 2. MOTOR VEH. INVOLVED WITH 4. COLLISION SUMMARY DESCRIPTION TOTAL PERC. DESCRIPTION --T 0 TAL -- COLL PERS PERC . NONCOLLlSION 1 16.7 PEDESTRIAN 0 .0 FATAL 0 0 .0 OTHER MOTOR VEH. 4 66.7 INMW 3 4 50.. M. V. ON OTH ./lDWY 0 .0 PROP DAMAGE 3 50.0 PARKED M.V. 0 .0 TRAIN 0 .0 TOTALS 6 4 I 00.'r. PEDICYCLE 1 16.7 ANIMAL 0 .0 FIXED OBJECT 0 .0 OTHER OBJECT 0 .0 TOTALS 6 100.0r. . /1/-7 LOCATION CODE: 30710- Safety Commission Minutes August 13, 1992 Page 2 . UNOfFICIAl. MINUtE Commissioner Pins asked Mr. Gonzales if it was more difficult to turn right or left out 'the complex. Mr. Gonzales said that he only makes right turns, because it is too difficult to make left turns. He said he still mUlt look through windshields in order to make right hand turn. Frank Rivera said a red curb could be placed in front of the complex south of Somerset Apartment, losing one parking spot. This would give motorists exiting Somerset Apartments an opportunity to see a gap in oncoming traffic. Commissioner Matacia ..ked Frank Rivera if the City did as Mr. Gonzales reQuested and painted additional red curb, would other residents come after the fact and complain about the removal of parking. Mr. Rivera said all residents in the Somerset Apartments and the complex to the south were notified of the Commission meeting and staff had only received one phone call. He felt the City would not receive many complaints if the red curb was kept to a minimum. Mr. Gonzales asked if the Commission could force the manager to trim a hedge that obstructs vision. Frank Rivera said he could forward this reQuest to the City's Building and Housing Code Enforcement section. ~_mmissioner Matacia said it would be bener if Mr. Gonzales worked with his neighbors to go as a .,up to management and express their concerns and that it was really a private maner. Vice Chair Padilla said that if the east curb was painted red, people would park on the west side of Fourth Avenue and try to cross mid-block. He also suggested that Mr. Gonzales get with his neighbors. Donald Stell. 210 Sea Vale Street, Chula Vista, CA 91910, suggested that the Commission write a letter to the manager stating that a problem has been brought to the Commissions attention and asking for their cooperation in trying to solve these problems. MSC (Koelter/Pittll to accept Itaff'l report to take no action at thil time. AMENDMENT TO MOTION: Staff prepare a letter on behalf of the Commission end lend on to the management of the Somerset Apartmentl indicating the probleml that have been brought to the Commillion'l attention and ask for their cooperation in correcting the lituation, VOTE ON MOTION AS AMENDED: Approved 4'()-3 with Chair Thomal, CommiSlionerl Braden and Chidester abaant. 6. REPORT on Second Avenue and C Street Vice Chair Padilla said that this item was on last month's Safety Commission Agenda and has been returned by the City Council to look at the Second A venue and C Street intersection only. enk Rivera presented staff's report and showed slides of the area. Staff is recommending that this ersection have all-way stops installed subject to a trial traffic regulation. After eight months,a . eport will be made to the Safety Commission outlining the all-way stop effectiveness. If approved, the item would then go to Council, in order to make the trial traffic regulation permanent. The intersection of Second Avenue and C Street will not have a painted crosswalk because staff does not wish to encourage pedestrian crossing. It will have the standard stop sign limit lines. I tJ - r . . . UNOFFUClftJ.. ~,,\UNUT1; Safety Commission Minutes August 13. 1992 Page 3 Commissioner Pins asked why this item was now recommended for In III-way stop when it was not lilt month. Frank Rivera gave a history of this item to the Commission. Since the last meeting. there was another Iccident It Second Avenue and C Street. This did increase the points. The warrant system calls for one year accident history of a location. There had not be any accidents at this intersection during the past year until late July 1992. However. staff looked at the accident history over the past few years and noted 10 accidents. Seven of which were vehicles trying to turn north on Second Avenue from eastbound C Street. Donlld Stell. 210 SII VIII Street. Chull Vistl. CA 91910. said he Igreed with staff's recommendation of installing the all-way stop on a trial basis. Mr. Stell also agreed with not installing crosswalks. He recommended advance signing for motorists of the upcoming stop sign. Mr. Rivera reviewed the placement of stop signs and warning lights of the stop signs. He also reviewed the trial traffic regulation system. Commissioner Koester asked what would be the time line for the installation the stop signs. Frank Rivera said that this item should go to Council during the first part of September. If approved. it could possibly be installed within one or two weeks afterwards. MSC (Metacia/Pins) to accept staff's report and recommend to the City Council to install an all-way stop at the intersection of Second Avenue and C Street as a Trial Traffic Regulation. Approved 4-0-3 with Chair Thomas. Commissioners Braden and Chidester absent. 7. TRIAL TRAFFIC REGULATION - Parking prohibited on east side on North Fourth Avenue MSC (Koester/Pins' that the Safety Commission recommand to tha City Council that the Trial Traffic Ragulation ba made parmanent. Approved 4-0-3 with Chair Thomas. Commissioners Braden and Chidester absent. 8. TRIAL TRAFFIC REGULATION - Parking prohibited at all times on Medical Center Drive MSC (Koester/Padilla) that the Safety Commission recommend to the City Council that the Trial Traffic Regulation be mlde permanent. Approved 4-0-3 with Chair Thomas. Commissioners Braden and Chidester absent. 9. ORAL COMMUNICATIONS Nona. STAFF REPORTS 10. 1992-93 CIP Status Reoort - Distributed for Commissioner information. 11. Chula Vista Police Deoartment Traffic SummarY for June 1992 - Distributed for Commissioner information. 12. Recent Council Actions - Distributed for Commissioner information. / ~....1 MINUTES OF A REGULAR MEETING OF THE CHULA VISTA SAFETY COMMISSION Thursday, July 8, 1993 7:08 p.m. Council Chambers Public Services Bui Iding CALL TO ORDER 1. Roll Call: Present: Chair Thomas, Vice Chair Padilla, Commissioners Braden, Chidester, Matacia, and Pitts MSC (Chidester/Braden) to excuse Commissioner Koester due to a family emergency. Approved 6-0-1 with Commissioner Koester absent. Excused Absence: Commissioner Koester Also Present: Harold Rosenberg, Traffic Engineer; Frank Rivera, Associate Traffic Engineer; Shirley Buxton, Recording Secretary 2. Pledee of Alleeiance/Silent Praver 3. ODenine Statement - Read by Chair Thomas 4. ADDroval of Minutes: June 10, 1993 MSC (Matacia/Padilla) to accept the minutes of June 10, 1993 as presented. Approved 5-0.1-1 with Commissioner Koester absent and Commissioner Chidester abstaining. MEETING AGENDA s. REPORT on all-way stop at Second Avenue and C Street Frank Rivera presented staff's report. Vice Chair Padilla asked staff to clarify procedures for establishing Trial Traffic Regulations. Mr. Rivera clarified the procedures for Trial Traffic Regulations and indicated that all regulations must be made permanent by the City Counci I. Hal Rosenberg added that Trial Traffic Regulations allowed staff to expedite installation of a traffic control device where they felt it would be warranted. He said there had not been any accidents since the installation of the stop sign at Second Avenue and C Street. Donald Stell, 210 Sea Vale Street, Chula Vista, CA 91910, thanked the Commission for their concern and the installation of the all-way stop. He spoke to the Commission in order to have the installation made permanent. He said in the twelve months prior to the installation of the stop sign, there had been three accidents, and since the stop signs there were no accidents. The intersection was now much safer. He witnessed enforcement of the stop signs by the Police Department and he felt safer now traveling on Second Avenue. MSC (Thomas/Braden) to recommend that the City Council adopt a resolution to make the Trial Traffic Regulations permanent at Second Avenue and C Street. Approved 6-0-1 with Commissioner Koester absent. I~" / ~ UNOFFICIAL MINUTES July 22, 1993 ITEM NO. II , /. Meeting Oate H27/93 '1l/3/'13 To: Honorable Mayor and City Council John D. Goss, City Manager r Jess Valenzuela, Director of Parks and ReCreatio~ Via: From: Subject: RECOMMENDED JOINT MEETING BETWEEN CITY COUNCIL AND SWEETWATER UNION HIGH SCHOOL BOARD In response to the Parks and Recreation Commission's recommendation to conduct a joint meeting between the Council and the Sweetwater Union High School District Board, it is recommended that the City Manager and the Parks and Recreation Director meet with School Superintendent, John Rindone before a joint meeting is arranged. If there is little progress achieved towards a joint use of school and City facilities, staff will return to Council with a report recommending that a joint meeting be held. Staff will keep Council apprised of the progress of these discussions. A: \JESSIJOINTMTG. 93 //-/ /11-2. July 20, 1993 TO: The Honorable Mayor and City Council FROM: Parks and Recreation Commission Bob Lind, Chair {f;tI ~.Jfli SUBJECT: Joint Use of School District Facilities On June 5, 1993, this Commission and the members of the City Council met in a workshop environment to discuss, among other things, how to better serve the youth of our community. On June 15, 1993 Council approved $73,083 in funding for a six-point Youth ACTION Program as a means of reaching this goal. Basic to this Youth ACTION Program is the concept of interagency cooperation. At the junior and senior high level, there is a need for decentralized, neighborhood-based programs, such as weight training, step aerobics and open gym three times a week at various District facilities, as well as having gymnasiums potentially available for the other youth development programs. In addition, a variety of special events are planned for youth at multiple sites, city-wide. The Parks and Recreation Department currently enters into facility use agreements with the Sweetwater Union High School District for the use of their facilities on an event by event basis. The Department is charged, per District policy, for the use of these facilities. The charges to use these facilities are utilized to defray the personnel services for a custodian to open and close the facility. In order for a program such as the Youth ACTION Program to operate efficiently, a more comprehensive approach must be taken to the City's use of School District facilities. The Parks and Recreation Commission recommends that Council meet, in a workshop setting, with the Sweetwater Union High District Board to lay the groundwork for a comprehensive agreement for the joint use of District facilities. Such an agreement may call for allowing a City staff member to open a school facility, thus eliminating the need to charge the City. In addition, the agreement may guarantee the City specific hours for use. The Commission requests to have representation at such a meeting. //:3 COUNCIL AGENDA STATEMENT SUBMITTED BY: Item /,;1.. Meeting Date 8/3/93 Resolution 17 )./3 Waiving the formal bidding process and authorizing the City Manager and the Director of Public Works to enter into immediate informal bid negotiations with vendors' and award contract to the lowest responsible informal bidder, for the immediate replacement of damaged chiller units at the Chula Vista Public Library at 365 F Street, Chula Vista, California. Director of Public worksi!.f r-;-,j jI City Manager (f::)y . (4/5ths Vote: Yes X No--.> ITEM TITLE: REVIEWED BY: On July 20, 1993, an unscheduled power outage in Chula Vista caused a system failure to one of the two existing 75 ton chiller units at the Public Library. The 75 ton compressor motor failed due to the fact that the old equipment does not have phase protection as modern equipment does. Therefore, this equipment shorted out when SDG&E lost two of the three phases of power to this facility. The remaining 75 ton chiller unit is the older of the two existing chillers and will not maintain comfortable temperatures for patrons in this facility during the months of August, September and October. A rental portable chiller unit (at a cost of $4,950/month) is en route to the facility at this time and will be connected to the existing chilled water piping within the week. This rental unit will enable the library to remain open to the public until retrofit chillers can be installed. There is an approved CIP project to replace the chillers and the design for the project was recently completed. Because of the immediate need to replace the chillers and because of the significant cost to temporarily rent a unit, staff recommends an expedited purchasing process. RECOMMENDATION: That Council adopt the resolution waiving the formal bidding process in accordance with City Charter Section 1009 and authorizing the City Manager and the Director of Public Works to receive informal emergency bids and award a contract to the lowest responsible informal bidder for immediate delivery and installation of equipment to replace the existing 16 year old cooling equipment. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The chiller plant equipment at the library is 16 years old. The two existing 75 ton chillers are designed to work in a tandem fashion to apply up to 150 cooling tons of conditioned air. The existing air conditioning and ventilation equipment at the library operates 7 days a week all year. At least one chiller and 75 ton compressor operates from approximately 7:00 a.m. in the morning until 9:00 p.m. at night. Due to the age and condition of the existing chiller system, staff and Walsh Engineering has been designing a project authorized in the CIP to replace these chillers /).-/ Page 2, Item I).. Meeting Date 8/3/93 and all other exterior equipment on the library mechanical pad. The plans and specifications for this retrofit project were reviewed by Building and Housing and approved for bidding on July 12, 1993. Unfortunately, however, on July 20, 1993, a major power outage and a loss of at least one phase of the three phase power to this facility burned the windings of our three phase 480 volt compressor drive engine to chiller #2. These chiller compressor motors are not readily available (thus the reason for the retrofit program) and cannot be replaced or rebuilt in a short time frame. Due to the time requirements necessary in a formal bid process, coupled with the cost of the rental chiller at $4,950 per month, it is much more cost effective to begin emergency purchasing of replacement chiller units immediately. The above mentioned plans and specifications will be used in the informal bid process. A formal bid process would involve a minimum of three months, then once a vendor had received a purchase order they would order the specified equipment. Equipment delivery on routine projects such as this kind can be up to 8 to 12 weeks. Based on these time frames, it would be the end of November before construction would begin. Only portions of the cooling equipment (which are the two large chillers and control systems) in the gated area of the central plant are in need of replacement. The seven large air handlers, both inside and roof mounted units, major duct work, fans, motors, and the boiler, are not in need of replacement. The heating and ventilation equipment in this facility is in good repair and, with maintenance, will remain in operation for a number of years. Although the equipment is in good running condition, upgrades to economizers and control systems are being considered to enhance efficiency in future budgetary years. The chillers are the heart of the cooling system at the library. The chillers are comprised of the following components: ~ an expansion valve (which automatically meters the correct amount of refrigerant into the evaporator), ~ an evaporator (which absorbs BTUs of heat from the air by boiling of liquid refrigerant to a vapor), ~ a compressor (which causes refrigerant to flow, regulates pressure, and compresses the low pressure gas to a high pressure gas), ~ a condenser (which removes heat from refrigerant vapor and transfers it to the air), and ~ a dryer (which removes contaminants from a system such as moisture, dirt, etc. An in depth Engineering Study has been completed in regard to the proper replacement of equipment which is specified for this facility. The chillers which are specified for replacement are comprised of high efficiency compressors. There are only three moving parts in each of the new compreossors which are specified. Less moving parts mean less chance of failure compared to the existing reciprocating compressors which can be compared to a car engine which has /.2-~ Page 3, Item ) J. Meeting Date 8/3/93 hundreds of moving parts inside each compressor. In addition, Walsh Engineers has designed a system with DDC controls (direct digital controls) which will enable remote monitoring of existing conditions at the equipment pad through telephone modem and additionally will save kilowatt hours of energy consumption to further reduce electrical costs. Finally, the new compressors and chillers will accept all new refrigerants as specified by the Clean Air Act of 1990, which specifies the phase out of chlorofluorocarbons (CFC) used in mechanical equipment for refrigeration or air conditioning. Staff has discussed this project with environmental experts in the field and they agree that this is the most cost effective project under the circumstances. FISCAL IMPACT: This accelerated construction schedule will minimize rental costs by reducing the time needed for the rental chiller. A minimum of $15,000 will be saved by waiving the formal bid process thus reducing the installation time by three months. Since plans and specifications are prepared and will be furnished to the companies that normally would bid on this project, staff believes that no money would be saved by the formal bidding process in this particular instance. The bidding climate at this particular time will most assuredly guarantee excellent bids by local vendors, which will allow the Director of Public Works the flexibility to negotiate accelerated schedules for equipment delivery and installation. The current CIP project titled HV AC - Main Library (LB-120) has $227,200 available for the project and staff believes that the bids will come in for less than this amount. 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'" RESOLUTION NO. )7~J3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL BIDDING PROCESS AND AUTHORIZING THE CITY MANAGER AND THE DIRECTOR OF PUBLIC WORKS TO ENTER INTO IMMEDIATE INFORMAL BID NEGOTIATIONS WITH VENDORS AND TO AWARD CONTRACT TO THE LOWEST RESPONSIBLE INFORMAL BIDDER, FOR THE IMMEDIATE REPLACEMENT OF DAMAGE CHILLER UNITS AT THE CHULA VISTA PUBLIC LIBRARY AT 365 F STREET, CHULA VISTA, CALIFORNIA WHEREAS, on July 20, 1993, an unscheduled power outage in Chula vista caused a system failure to one of the two existing 75 ton chiller units at the Public Library and the 75 ton compressor motor failed; and WHEREAS, therefore, this equipment shorted out when SDG&E lost at least one of the three phases of power to this facility and the remaining 75 ton chiller unit is the older of the two existing chillers and will not maintain comfortable temperatures for patrons in this facility during the months of August, September and October; and WHEREAS, a rental portable chiller unit (at a cost of $4, 950/month) is en route to the facility at this time and will be connected to the existing chilled water piping within the week which will enable the library to remain open to the public until retrofit chillers can be installed; and WHEREAS, there is an approved CIP project to replace the chillers and the design for the project was recently completed; and WHEREAS, because of the immediate need to replace the chillers and because of the significant cost to temporarily rent a unit, staff recommends an expedited purchasing process. NOW, THEREFORE, BE IT RESOLVED that the city Council of the City of Chula vista does hereby waive the formal bidding process in accordance with city Charter Section 1009 and authorizes the city Manager and the Director of Public Works to receive informal emergency bids and award a contract to the lowest responsible informal bidder for immediate ivery and nstallation ::e:::::e:: to replace the existing " O:~:OI.::O John P. Lippitt, Director of Public Works F:\home\attomey\chiller /,,2'" 5' " JUDGES OF THE COURT ERNEST BORUNDA SUSAN P. FINLAY ROY B. CAZARES TERRY SCOTT WILLIAM S. CANNON LUIS R. VARGAS THOMAS C. HENDRIX mq~ ~uuidpal aInurt SOUTH BAY JUDICIAL DISTRICT COUNTY OF SAN DIEGO, STATE OF CALIFORNIA SOO C THIRD AVENUE CHULA VISTA, CALIFORNIA 91910 TELEPHONE (1519) 1591-4770 FAX" (619) 891-4438 COURT ADMIN~TOR STEPHEN THUNBEAQ COMMISSIONERS DIANNE K. O'CONNOR KAREN A. RILEY July 20, 1993 Ms. Patty Wesp Secretary to the Mayor City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 ~ ~ ::8 p~ .,. . 1"'1 (") ""'0 rI1 :a;)::r !:S ="'c::: - v;r- < 0);> :P rI1 -n <:: ,g 0 ::27.n N 0- 0'1:;t:> ClD Re: Board of Ethics Applicants Dear Ms. Wesp: Enclosed please find my nominations to the Board of Ethics. While all of the nominees appeared qualified, I selected these two because, in addition to being highly qualified, each selected the Ethics Board as their first preference. Thank you very much for your kind attention to this letter. Ill/' RO~ CAZAR S pre~il~g Judg RBC:bcr Ene. 1'ItA-., I