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Home My WebLink About2010/03/02 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`~' ~i Brown Act requirements. _ ~d 2~2~~to ~:..__~da,.~ `~.i CIiY OF CHULA VISTA Cheryl Cox, Mayor/Chair Rudy Ramirez, Council/Agency Member James D. Sandoval, City Manager/Executive Director Mitch Thompson, Interim Council/Agency Member Bart Miesfeld, City Attorney/Agency Counsel Pamela Bensoussan, Council/Agency Member Donna Norris, City Clerk Steve Castaneda, Council/Agency Member March 2, 2010 4:00 p.m. CALL TO ORDER Council Chambers City Hall -Building 100 276 Fourth Avenue ROLL CALL: Council/Agency Members Bensoussan, Castaneda, Ramirez, Thompson, and Mayor/Chair Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY • INTRODUCTION BY RICK HOPKINS, DIRECTOR OF PUBLIC WORKS, OF EMPLOYEE OF THE MONTH YUEN SIU, PUBLIC WORKS SPECIALIST • PRESENTATION OF PROCLAMATIONS TO CHEER TEAMS FROM BONITA VISTA, CASTLE PARK, CHULA VISTA, HILLTOP, EASTLAKE, OLYMPIAN AND OTAY RANCH HIGH SCHOOLS IN RECOGNITION OF THEIR WINNING LOCAL, STATE AND NATIONAL CHEERLEADING CHAMPIONSHIPS AND COMMUNITY SERVICE CONSENT CALENDAR (Items ]-5) The Council/Agency will enact the Consent Calendar staff recommendations by one motion, without discussion, unless aCouncil/Agency Member, 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. APPROVAL OF MINUTES of November 3, November 5, and November 9, 2009. Staff recommendation: Council approve the minutes. 2. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE EXISTING CITY INVESTMENT POLICY AND GUIDELINES B. INVESTMENT REPORT FOR THE QUARTER ENDED DECEMBER 31, 2009 Per California Government Code Section 53646, the City Treasurer may annually present the City's Investment Policy to the City Council to reaffirm or make any changes to the existing policy. The Investment Policy provides guidelines for the investment of idle funds and affords the City various investment opportunities, as long as the investment is deemed prudent and in allowable under Government Code Section 53600, et seq. The City received the Certificate of Excellence Award from the Association of Public Treasurers United States and Canada (APT - US&C) in August 2007 for its Investment Policy, and most recently, the Policy was reviewed and adopted by City Council on February 17, 2009. Adoption of the resolution approves an amendment to the existing City Investment Policy and Guidelines to include an addition to the list of authorized and suitable investments. Transmitted herewith is the City's investment report for the quarter ended December 31, 2009. To meet the reporting requirements set forth in the California Government Code Sections 53600 et seq. and the City of Chula Vista Investment Policy, a separate report was distributed to the City Council as an informational item. (Director of Finance) Staff recommendation: Council adopt the resolution and accept the report. 3. QUARTERLY FINANCIAL REPORT FOR THE QUARTER ENDED DECEMBER 31, 2009 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING FISCAL YEAR 2009/2010 BUDGET IN ACCORDANCE WITH THE COUNCIL POLICY ON FINANCIAL REPORTING AND TRANSFER AUTHORITY AND APPROPRIATING FUNDS THEREOF (GENERAL FUND, WASTE MANAGEMENT AND RECYCLING FUND, AND PROP 42 FUND) (4/STHS VOTE REQUIRED) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING FISCAL YEAR 2009/2010 BUDGET IN ACCORDANCE WITH THE COUNCIL POLICY ON FINANCIAL REPORTING AND TRANSFER AUTHORITY (PARKING METER FUND) (4/STHS VOTE REQUIRED) Section 504 (f) of the City Charter requires quarterly financial reports to be filed by the Director of Finance through the City Manager. For government entities, a budget creates a legal framework for spending during the fiscal year. After the budget is approved there are circumstances that arise that could require adjustments to the approved budget. Council Policy 220-02 "Financial Reporting and Transfer Authority" was established in January of 1996 and allows for budget transfers to be completed. (Director of Finance) Staff recommendation: Council accept the report and adopt the resolutions. Page 2 -Council/RDA Agenda httu://www.chulavistaca.gov March 2, 2010 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REIMBURSEMENT AGREEMENT FOR PAYMENT OF COSTS OF CONSTRUCTION AND INSTALLATION OF DISTRICT FACILITIES BY AND BETWEEN THE OTAY WATER DISTRICT AND THE CITY OF CHULA VISTA (OTAY LAKES ROAD WIDENING, RECLAIMED WATER PIPELINE, AND UTILITY RELOCATION PROJECT) The City will begin construction improvements in May 2010, to Otay Lakes Road between Canyon Drive/Ridgeback Road and Gotham Street; and to East H Street, from Otay Lakes Road west to the East H Street signalized entrance to Southwestern College. Adoption of the resolution approves an agreement to provide a mechanism by which the City may construct Otay Water District's (OWD) pipeline, as well as relocate OWD's facilities in conflict with the City's street improvements. (Director of Public Works) Staff recommendation: Council adopt the resolution. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FEDERAL FUNDING REQUESTS FOR SUBMISSION (PROJECT LIST B) The City of Chula Vista has, for many yeazs, worked cooperatively and effectively with its Congressional representative on issues concerning our community. Among the ways we have benefited from this effort is through Federal Funds to support projects and programs that the City Council has endorsed. In 2010 Federal Funds supported the Veterans Wing at the Civic Center Branch Library and efforts towazd Chula Vista's future university. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolution. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council/Agency on any subject matter within the Council/Agency's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council/Agency from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Council/Agency 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 ftll out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Page 3 -Council/RDA Agenda htto://www.chulavistaca.sov March 2, 2010 6. CONSIDERATION OF AMENDMENTS TO THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM The San Diego Association of Governments (SANDAG) has notified local agencies that the San Diego region may be eligible for the second round of American Recovery and Reinvestment Act (ARRA - II) funds. In order to be eligible for these funds, the projects must already be included in the Regional Transportation Improvement Program (RTIP) and a contract must be awazded by June 1, 2010. Signed resolutions must be submitted to SANDAG by Mazch 5, 2010. There aze two Chula Vista RTIP projects, CHV35 & CHV48, that meet this criteria, but a fund swap to allow for the ARRA - II funds is necessary. Adoption of the resolutions revises the project funding from TransNet funds to ARRA - II funds, should the ARRA - II funds become available. (Director of Public Works) Staff recommendation: Council conduct the public hearing and adopt the following resolutions: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO PROJECT CHV35, TRAFFIC SIGNING, STUDIES AND SIGNAL, TO THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM FOR SUBMITTAL TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM FOR FISCAL YEARS 2008/2009 THROUGH 2012/2013, AND PROVIDING CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO CONDUCT A FUND SWAP FROM TRANSNET FUNDS TO AMERICAN RECOVERY AND REINVESTMENT FUNDS B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO PROJECT CHV48, PAVEMENT MAJOR REHABILITATION, TO THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM, FOR SUBMITTAL TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM FOR FISCAL YEARS 2008/2009 THROUGH 2012/2013, AND PROVIDING CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNET FUNDS TO CONDUCT A FUND SWAP FROM TRANSNET FUNDS TO AMERICAN RECOVERY AND REINVESTMENT FUNDS SUBCOMMITTEE REPORT 7. PUBLIC SAFETY SUBCOMMITTEE RECOMMENDATION: DIRECTION TO THE CITY ATTORNEY TO DRAFT AN ORDINANCE CREATING A TOBACCO RETAILER LICENSING PROGRAM IN CHULA VISTA Page 4 -Council/RDA Agenda http://www.chulavistaca.eov March 2, 2010 ACTION ITEMS The item(s) listed in this section of the agenda will be considered individually by the Council/Agency/Authority and are expected to elicit discussion and deliberation. If you wish to speak on arty Item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the Ciry Clerk prior to the meeting. 8. CONSIDERATION OF THE SALE OF A 14.41-ACRE SITE BY THE REDEVELOPMENT AGENCY TO THE CITY, APPROVAL OF AN INTER-FUND LOAN TO ACQUIRE THE SITE, AND REDUCTION OF THE REDEVELOPMENT AGENCY'S OUTSTANDING LOAN BALANCE OWED TO THE CITY In order to reduce the debt obligations of the Redevelopment Agency and to provide for potential additional park land west of Interstate 805, staff recommends that the Redevelopment Agency sell a 14.41 acre site to the City, and that the City credit the Redevelopment Agency for an outstanding loan. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the following resolutions: A. JOINT RESOLUTION OF THE CHULA VISTA REDEVELOPMENT AGENCY AND CITY COUNCIL AUTHORIZING THE EXECUTIVE DIRECTOR TO SELL FROM THE REDEVELOPMENT AGENCY, AND THE CITY MANAGER TO PURCHASE FOR THE CITY OF CHULA VISTA, THE 14.41 ACRE STTE (APN 563-350-1300 AND 566-131-0100) LOCATED IN THE LOWER SWEETWATER VALLEY, FOR THE APPRAISED VALUE OF APPROXIMATELY $9.6 MILLION, AND APPROVING AN INTER-FUND LOAN FROM THE EASTERN PARKLAND ACQUISITION AND DEVELOPMENT FEE FUND TO THE WESTERN PARKLAND ACQUISITION AND DEVELOPMENT FEE FUND TO ACQUIRE THE SITE, AND AUTHORIZING THE EXECUTIVE DIRECTOR/CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS TO CONVEY THE SITE TO THE CITY, AND AUTHORIZING THAT THE PROCEEDS OF THE SALE BE APPLIED TO THE OUTSTANDING LOAN BALANCE OWED TO THE CITY'S GENERAL FUND FOR FISCAL YEAR 2010/2011 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AGREEING TO REDUCE THE REDEVELOPMENT AGENCY'S OUTSTANDING LOAN BALANCE OWED TO THE GENERAL FUND BY $4.6 MILLION FOR PREVIOUS LOANS OWED TO THE AGENCY BY THE CHULA VISTA NATURE CENTER Page 5 -Council/RDA Agenda htto://www.chulavistaca.~ March 2, 2010 OTHER BUSINESS 9. CITY MANAGER/EXECUTIVEbIRECTOR'S REPORTS 10. MAYOR/CHAIR'S REPORTS 11. COUNCIL/AGENCY MEMBERS' COMMENTS Councilmember Bensoussan: Direction to the City Attorney to amend Resolution No. 2009-214, regarding placing an initiative measure entitled "Fair and Open Competition in Contracting Ordinance" on the ballot. ADJOURNMENT City Council adjourns to a workshop on March 4, 2010 at 4:00 p.m., and thence to the Regulaz Meeting of March 9, 2010 at 4:00 p.m. RDA adjourns to its next Regulaz Meeting. Materials provided to the Ciry Council/Redevelopment Agency related to any open-session item on this agenda are available for public review at the Ciry Clerk's Oj~ce, located in Ciry 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 Ciry meeting, activity, or service, contact the Ciry Clerk's Office at (619) 691-5041 at least forty-eight hours in advance of the meeting. Page 6 - CounciURDA Agenda httn://www.chulavistaca.gov March 2, 2010