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,/
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~.
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\
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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"
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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 ~
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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
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7-7
1993 THIRD A VENUE ARTS & CRAFfS FESTIVAL
Sunday, August 22, 1993
Tentative Street Layout
Not to Scale
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E Street
...
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Latino Stage
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Davidson Artist At Work
Street
F Street ><:
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Children's
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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
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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.
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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.
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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,
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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
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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.
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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
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RESOLUTION NO.
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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.
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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.
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Presented by
John P. Lippitt, Director of
Public Works
F:\bome\attorney\EL14.Sub
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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
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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
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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
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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
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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
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City Cl r
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City Attorney
By: see attached signature bl.
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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
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STATE OF CALIFORNliJ il -,
COUNTY OF {lcH.. ~LI-"
On ju.~ ,:J.D! 1'I't3 before me,
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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
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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
.
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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. However, should
bids come in higher, staff cannot and would not award the contract without an additional
appropriation and formal approval from Council. Additionally, staff is investigating the potential
for cost recovery from our insurance company.
WPC F:'home\WPOPW\1149.93
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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'
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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
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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
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