HomeMy WebLinkAbout2010/03/23 AgendaI declare under penalty of perjury that I am
employed by the City of Chula Vista in the
Office of the City Clerk and that I posted this
document on the bulletin board according to
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,,.,;u, CIN OF
CHULA VISTA
Cheryl Cox, Mayor
Rudy Ramirez, Councilmember James D. Sandoval, City Manager
Mitch Thompson, Interim Councilmember BartMiesfeld, City Attorney
Pamela Bensoussan, Councilmember Donna Norris, City Clerk
Steve Castaneda, Councilmember
Mazch 23, 2010
4:00 p.m.
CALL TO ORDER
Council Chambers
City Hall -Building 100
276 Fourth Avenue
ROLL CALL: Councilmembers Bensoussan, Castaneda, Ramirez, Thompson, and Mayor
Cox
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
• RECOGNITION OF PAUL DESROCHERS, DIRECTOR OF THE CHULA VISTA
REDEVELOPMENT CORPORATION, ON RECENING THE 2010 CALIFORNIA
REDEVELOPMENT ASSOCIATION'S AWARD FOR LIFETIME ACHIEVEMENT
IN REDEVELOPMENT
• PRESENTATION OF THE CENSUS 2010 UPDATE BY CARLA BLACI4vIAR,
REDEVELOPMENT AGENCY PROJECT COORDINATOR
• PRESENTATION OF A PROCLAMATION TO CHEQUITA FALLS, PROGRAM
MANAGER FOR MEALS-ON-WHEELS, IN CELEBRATION OF ITS 50-YEAR
ANNNERSARY
• PRESENTATION OF A PROCLAMATION RECOGNIZING THE SWEETWATER
UNION HIGH SCHOOL DISTRICT FOR ITS EFFORTS IN USING GREEN
BUILDING PRACTICES FOR SCHOOL CONSTRUCTION
CONSENT CALENDAR
(Items 1-8)
The Council will enact the Consent Calendar staff recommendations by one motion,
without discussion, unless a Councilmember, a member of the public, or staff requests
that an item be removed for discussion. If you wish to speak on one of these items, please
fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk
prior to the meeting. Items pulled from the Consent Calendar will be discussed
immediately following the Consent Calendar.
1. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AGREEMENT WITH ARCHONIX SYSTEMS, LLC FOR
MAINTENANCE AND SUPPORT OF THE COMPUTER AIDED DISPATCH
SYSTEM
The City installed the Computer Aided Dispatch System in 1998 and has had a
maintenance contact for service and support since 1999. The agreement expires on June
30, 2010. Adoption of the resolution extends the agreement until June 30, 2015.
(Director of Information Technology Services)
Staff recommendation: Council adopt the resolution.
2. HOUSING ELEMENT 2009 ANNUAL PROGRESS REPORT
The City of Chula Vista is required to prepare an Annual Progress Report on the
implementation of the City's Housing Element. California Government Code Section
65400 requires the report to include the following: (1) progress in meeting the Regional
Housing Need; (2) the effectiveness of the Housing Element in the attainment of the
community's housing goals and objectives; and (3) progress toward mitigating
governmental constraints identified in the Housing Element. This Report provides
detailed information regarding the housing activities of the City of Chula Vista from
January 1, 2009 through December 31, 2009. (Deputy City Manager/Development
Services Director)
Staff recommendation: Council accept the report.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
COMMUNITY HOUSINGWORKS FOR THE IMPLEMENTATION OF THE
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT NEIGHBORHOOD
STABILIZATION PROGRAM (NSP); AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AGREEMENT AND ANY NECESSARY DOCUMENTS TO
OBLIGATE NSP FUNDS; AND AUTHORIZING THE CITY MANAGER TO
REALLOCATE UNOBLIGATED NSP FUNDS WITH EXISTING NSP NON-PROFIT
CONTRACTORS/DEVELOPERS, INCLUDING THE SAN DIEGO COMMUNITY
HOUSING CORPORATION, TO ACQUIRE AND REHABILITATE PROPERTIES
CINDER THE NSP PROGRAM
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On September 1, 2009, the City Council approved an amendment of the fiscal year
2008/2009 Action Plan for the Neighborhood Stabilization Program (NSP) funds, to add
a NSP eligible use to purchase and rehabilitate homes that have been abandoned or
foreclosed upon, and to sell these properties. Adoption of the resolution approves an
agreement with Community HousingWorks to conduct these services, authorizes the City
Manager to execute the Agreement and any necessary documents to obligate NSP funds,
and further authorize the City Manager to reallocate unobligated funds between NSP
contractors as necessary. (Deputy City Manager/Development Services Director)
Staff recommendation: Council adopt the resolution
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
CONDITIONALLY APPROVING FINANCIAL ASSISTANCE, IN THE FORM OF A
RESIDUAL RECEIPTS LOAN IN AN AMOUNT NOT-TO-EXCEED $385,000 FROM
THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM TO
SOUTH BAY COMMUNITY SERVICES, FOR THE ACQUISITION AND
REHABILITATION OF 1194-1196 TRENTON AVENUE FOR AFFORDABLE
HOUSING
The City of Chula Vista has received a request from South Bay Community Services
(SBCS), to consider financial assistance to support the acquisition and rehabilitation of a
7-unit housing complex located at 1194-1196 Trenton Avenue to operate as affordable
housing. Adoption of the resolution provides apre-commitment of $385,000 from the
federal Community Development Block Grant (CDBG) funds to assist SBCS in obtaining
additional affordable housing financing. (Deputy City Manager/Development Services
Director)
Staff recommendation: Council adopt the resolution
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WANING THE FORMAL BIDDING PROCESS AND APPROVING ATHREE-
PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA, PBS&J
(CONSULTANT), AND OTAY LAND COMPANY LLC (APPLICANT), FOR
CONSULTING SERVICES RELATED TO THE PREPARATION OF
ENVII2ONMENTAL IMPACT REPORTS (EIR) FOR THE VILLAGE 8 WEST AND
VILLAGE 9 SECTIONAL PLANNING AREA PLANS AND TENTATNE MAPS,
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
In April 2008, the City approved a Land Offer Agreement (LOA) with Otay Land
Company (OLC) laying out particular processing considerations for its Village 8 West
and Village 9 projects. The applicant has filed Sectional Planning Area (SPA) Plans and
Tentative Map applications for Village 8 West and Village 9. The Environmental
Review Coordinator has determined that the proposed projects require the prepazation of
an Environmental Impact Report (EIR) and the applicant has elected to prepare two
separate E1Rs. Adoption of the resolution approves the proposed three-party agreement
between the City, PBS&J and the Otay Land Company. This agreement is unique in that
it proposes an arrangement by which the Applicant will retain, at the Applicant's sole
cost and expense, the Consultant (PBS&J), who shall perform the services required for
this project as directed by the City. (Deputy City Manager/Development Services
Director)
Staff recommendation: Council adopt the resolution.
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6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FII2ST AMENDMENT TO THE MEMORANDUM OF
UNDERSTANDING (MOU) AMONG THE COPERMITTEES OF SAN DIEGO
COUNTY, DATED NOVEMBER 16, 2007, FOR THE NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM (NPDES) MUNICIPAL PERMIT, ORDER
NO. R9-2007-0001, AND AUTHORIZING THE MAYOR TO SIGN THE
AMENDMENT ON BEHALF OF THE CITY
The National Pollutant Discharge Elimination System (NPDES) Municipal Permit, Order
No. R9-2007-0001 (Municipal Permit) requires the Copermittees of San Diego County to
cooperate in the implementation of regional programs. This cooperation necessitates a
Memorandum of Understanding (MOU) among the Copermittees to address specific
regional permit requirements, and to define associated Copermittees' shared regional
responsibilities and financial obligations. On December 11, 2007, the City Council
adopted Resolution No. 2007-293, which approved the current MOU. Adoption of the
resolution amends the MOU to add a fiscal mechanism, which allows reimbursement to
Copermittees for any payments that they make toward approved regional program
elements. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
REJECTING THE BIDS OF THE FIRST AND SECOND APPARENT LOW BIDDERS
AS NON-RESPONSIVE AND AWARDING THE CONTRACT TO THE THIRD
LOWEST BIDDER FOR THE "UPGRADE OF TRAFFIC SIGNAL INTERSECTIONS
IN THE CITY OF CHULA VISTA, CALIFORNIA, (TF360A) FEDERAL PROJECT
NO. HSII'L 5203 (025)" PROJECT TO PTM GENERAL ENGINEERING SERVICES,
INC. IN THE AMOUNT OF $261,261, AND AUTHORIZING AN INTER-PROJECT
TRANSFER IN THE AMOUNT OF $62,090 FROM THE TF366 PROJECT TO TF360
On February 10, 2010, the Director of Public Works received six (6) sealed bids for the
"Upgrade of Traffic Signal Intersections (TF360A) Federal Project No. HSIPL 5203
(025)" Project. This project is included in the fiscal yeaz 2008/2009 Capital
Improvement Program budget to provide upgrade and repair to existing traffic signal
equipment at approximately 31 major intersections. Project TF360A, Phase 1, will
upgrade 18 of these 31 traffic signal intersections. Adoption of the resolution rejects the
first and second apparent low bidders as non-responsive due to bid irregularities, and
awazds the contract to the third lowest bidder, PTM General Engineering Services, Inc.
The inter-project transfer is necessary to perform maintenance work (i.e., replacement of
existing LED indications) not authorized under the Federal grant. (Director of Public
Works)
Staff recommendation: Council adopt the resolution.
Page 4 -Council Agenda hCtn:i!www.chulavistaca.oov March 23, 2010
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1)
AMENDING RESOLUTION NOS. 2007-241 AND 2009-117 TO AUTHORIZE
CALIFORNIA ENERGY COMMISSION LOAN AND SDG&E ON-BILL
FINANCING APPLICATION SUBMITTALS FOR UP TO $9.1 MILLION WITH
INTEREST RATES UP TO 3.95% AND (2) APPROVING LOAN APPLICATIONS TO
THE CALIFORNIA ENERGY COMMISSION FOR AN INDUCTION STREET
LIGHT RETROFIT PROJECT (UP TO $2,051,600) AND MUNICIPAL SOLAR
PHOTOVOLTAIC AND MULTI-SITE LIGHTING PROJECT (UP TO $1,999,806)
To facilitate the retrofitting of existing municipal structures with more energy efficient
and renewable energy technologies, the City Council previously authorized staff to
pursue up to $9.1 million in financing from the California Energy Commission Loan
(3.95% interest rate) or San Diego Gas & Electric On-Bill Financing (0% interest rate)
programs. Both programs use the energy cost savings resulting from the retrofits to repay
the debt service. Since the previous City Council authorizations, the California Energy
Commission has reduced the interest rate of its loan program to 3.0% (or 1.0% for federal
stimulus-supported projects). As a result, the California Energy Commission is
requesting that the City Council clarify its approval of submitting and entering into loan
agreements with interest rates llp t0 3.95%. Staff has also prepared California Energy
Commission loan applications for submittal to finance two priority projects -Induction
Street Light Retrofit Project and a Municipal Solar Photovoltaic & Multi-Site Lighting
Retrofit Project - in order to take advantage of the lower interest rates. (Director of
Conservation & Environmental Services and Director of Public Works)
Staff recommendation: Council adopt the resolution.
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC COMMENTS
Persons speaking during Public Comments may address the Council on any subject
matter within the Council's jurisdiction that is not listed as an item on the agenda. State
law generally prohibits the Council from discussing or taking action on any issue not
included on the agenda, but, if appropriate, the Council may schedule the topic for future
discussion or refer the matter to staff. Comments are limited to three minutes.
PUBLIC HEARINGS
The following item(s) have been advertised as public hearing(s) as required by law. If
you wish to speak on any item, please fill out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting.
9. CONSIDERATION OF APPROVAL OF CERTAIN PROJECTS FOR THE
TRANSNET LOCAL STREET IMPROVEMENT PROGRAM
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State and Federal regulations require the San Diego Association of Governments
(SANDAG) to develop and adopt a Regional Transportation Improvement Program
(RTIP) every two years in order to continue receiving Federal and State funding. All
projects that the City of Chula Vista proposes to fund with Transnet funds must be
included in the RTIP, as well as projects that are funded with Federal or State
transportation funds. (Director of Public Works)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE SUBMITTAL OF CERTAIN PROJECTS FOR THE
TRANSNET LOCAL STREET IMPROVEMENT PROGRAM TO THE SAN
DIEGO ASSOCIATION OF GOVERNMENTS FOR INCLUSION IN THE
REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM FOR FISCAL
YEARS 2010/2011 THROUGH 2014/2015 AND PROVIDING
CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO
OBTAIN TRANSNET FUNDS
10. CONSIDERATION OF THE CITY OF CHULA VISTA HOUSING AND URBAN
DEVELOPMENT (HUD) FEDERAL GRANT PROGRAMS FOR THE 2010-2015
FIVE-YEAR CONSOLIDATED PLAN, AND THE 2010-2011 ANNUAL ACTION
PLAN
The 2010-2015 Five-year Consolidated Plan and the 2010/2011 Annual Action Plan for
the City's HUD grant programs, includes Community Development Block Grant
(CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grant (ESG).
This item will provide the public with the opportunity to provide input on the
community's housing and community development needs for the next five year plan and
annual plan. City staff has received and reviewed funding applications and will offer
Council funding level recommendations for all eligible projects/programs for the
2010/2011 fiscal year, using the priorities included in the 2010-2015 Consolidated Plan.
(Deputy City Manager/Development Services Director)
Staff recommendation: Council conduct the public hearing to solicit input from the
community as well as provide staff with any changes in recommending funding amounts.
ACTION ITEMS
The Item(s) listed in this section of the agenda will be considered individually by the
Council and are expected to elicit discussion and deliberation. If you wish to speak on
any item, please fill out a "Request to Speak" form (available in the lobby) and submit it
to the City Clerk prior to the meeting.
Page 6 -Council Agenda http:/hvww.chulavistaca oov March 23, 2010
11. MOBILEHOME ISSUES STAKEHOLDER COMMITTEE STATUS REPORT
In early October 2009, the City Council authorized the establishment of a Mobilehome
Issues Stateholders Committee to look at issues related to park closures and potentially
recommend changes to the City's Mobilehome and Trailer Park Conversion Ordinance
(Chula Vista Municipal Code Section 9.40).- Staff will provide an update on the
committee process and outcomes. (Deputy City Manager/Development Services
Director)
Staff recommendation: Council accept the report and provide feedback to the committee.
12. CONSIDERATION OF AMENDING THE FISCAL YEAR 2009/2010 LIBRARY
BUDGET BY APPROPRIATING A ONE-TIME UNANTICIPATED GRANT
REVENUE IN THE AMOUNT OF $5,000
The Chula Vista Public Library received aone-time grant award from the California State
Library -Library Services and Technology Act in the amount of $5,000 for fiscal year
2009/2010 for the reimbursement of educational costs for library employee(s)
undertaking graduate study to obtain a Masters in Library Science. (Library Director)
Staff recommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2009/2010 LIBRARY BUDGET BY
APPROPRIATING AONE-TIME UNANTICIPATED GRANT REVENUE IN
THE AMOUNT OF $5,000 FOR THE CALIFORNIA STATE LIBRARY
AWARD THROUGH THE LIBRARY SERVICES AND TECHNOLOGY ACT
FOR LIBRARY EMPLOYEE EDUCATIONAL REIMBURSEMENT (4/STHS
VOTE REQUIRED)
OTHER BUSINESS
13. CITY MANAGER'S REPORTS
14. MAYOR'S REPORTS
I5. COUNCILMEMBERS' COMMENTS
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by noon on
Wednesday following the Council Meeting at the City Attorney's office in accordance
with the Ralph M. Brown Act (Government Code 54957.7).
16. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT
CODE SECTION 54957.6:
Agency designated representatives: Jim Sandoval, Scott Tulloch, Kelley Bacon,
Bart Miesfeld, Maria Kachadoorian, Rob Betts, David Hanneman and Simon
Silva
Employee organization: IAFF
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17. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a):
A. Sergio Lopez v. City of Chula Vista, et al., United States District Court, Case No.
07cv1272-WQH (BLM)
B. Ro eg r Taylor v. City of Chula Vista, San Diego Superior Court, Case No. 37-
2008-0007264-CU-P O-S C
C. City of Chula Vista v. NexHorizon Broadband of Southern California, Inc., San
Diego Superior Court, Case No. 37-2010-00083634-CU-BC-CTL
D. South Bay Expressway, L.P., et al. v. City of Chula Vista, San Diego Superior
Court, Case No. GIC 869386 and
E. Tomy Stenvall v. City of Chula Vista, United States District Court, Case No.
08CV2167JLS(RBB)
18. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8:
Pro ert : San Diego County Assessors' Parcel No. 595-070-74-00 (City) and 639-030-
13-00 (D-K Investment Corp., et, al.)
Aeency Neeotiators: Rick Ryals and Gary Halbert
Negotiating Parties: City of Chula Vista, D-K Investment Corporation/Gilbert Dreyfus
Under Negotiation: Land Exchange; authorization and terms
19. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9:
• One Case.
ADJOURNMENT to the next Regular City Council Workshop Meeting on April 1, 2010, at
6:00 p.m., in the Council Chambers.
Materials provided to the City Council related to any open-session item on this agenda are
available for public review at the City Clerk's Office, located in City Hall at 276 Fourth Avenue,
Building 100, during normal business hours.
In compliance with the
AMERICANS WITH DISABILITIES ACT
The City of Chula Vista requests individuals who require special accommodations to access,
attend, and/or participate in a City meeting, activity, or service, contact the City Clerk's Office
at (619) 691-5041 at least forty-eight hours in advance of the meeting.
Page 8 -Council Agenda httu:/r nnvw.chulavistaca.oov March 23, 2010