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HomeMy WebLinkAboutcc min 2006/04/04 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA April 4, 2006 4:00 P.M. A Regular Meeting of the City Council of the City ofChula Vista was called to order at 4:14 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, Chavez, McCann, and Padilla ABSENT: Councilmembers: Rindone (excused) ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE Mayor Padilla requested a moment of silence in honor of Olivia Castellanos, an 18-year Police Department employee, who passed away on Sunday evening. SPECIAL ORDERS OF THE DAY · INTRODUCTION BY CHIEF EMERSON OF THE EMPLOYEE OF THE MONTH, BRIDGET BARAHURA, SENIOR OFFICE SPECIALIST IN THE POLICE DEPARTMENT Chief Emerson introduced the employee of the month, Bridget Barahura. Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to Ms. Barahura. . DID YOU KNOW...ABOUT THE CITY'S ANNUAL BIRTHDAY PARTY FOR RESIDENTS 90+ YEARS OLD AND OTHER NORMAN PARK CENTER PROGRAMS FOR SENIORS? Recreation Director Martin introduced Karen Harvell, Recreation Supervisor III, who provided a brief presentation on the City's programs for seniors at Norman Park Center, including the annual birthday party for residents 90+ years of age. CONSENT CALENDAR (Items I through 6) Mayor Padilla noted that the minutes of March 21, 2006 (Item I) would be removed from the agenda at the request of the City Clerk; Item 3 would be removed from the agenda at the request of the City Attorney; and Item 5 would be trailed for discussion. I. APPROVAL OF MINUTES of February 21, February 23, March 7, March 10, March 14, and March 21, 2006. Staff recommendation: Council approve the minutes. CONSENT CALENDAR (continued) 2. RESOLUTION NO. 2006-101, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUBMITTAL OF TWO GRANT APPLICATIONS TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR FISCAL YEAR 2006/2007 TRANSPORTATION DEVELOPMENT ACT AND TRANSNET FUNDING, FOR BICYCLE AND PEDESTRIAN CAPITAL IMPROVEMENTS The Transportation Development Act and TransNet Program provide funding support for regional bicycle and pedestrian capital improvement projects. The San Diego Association of Governments will allocate those project funds to cities in the San Diego region, based upon funding availability and project ranking. Staff has prepared funding applications for two projects. (Acting Engineering Director) Staff recommendation: Council adopt the resolution. 3. The following item was removed from the agenda at the request of the City Attorney: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 03-03, BELLA LAGO, ACCEPTING THE VARIOUS STREETS AND EASEMENTS GRANTED ON SAID MAP, AND APPROVING THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT AND SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE PROJECT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR CHULA VISTA TRACT NO. 03- 03, BELLA LAGO, BETWEEN K. HOVNANIAN AT BELLA LAGO, LLC, AND BELLA LAGO, LLC, AND THE CITY REGARDING MAINTENANCE OF PRIVATE FACILITIES WITHIN THE PUBLIC RIGHT OF WAY On April 8, 2003, the Council approved a tentative map for Bella Lago. Adoption of the resolutions approves Chula Vista Tract No. 03-03, Bella Lago. (Acting Engineering Director) 4. RESOLUTION NO. 2006-102, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGE ORDERS REQUESTED BY MCMILLIN LAND DEVELOPMENT FOR THE CONSTRUCTION OF TRANSPORTATION DEVELOPMENT IMPACT FEE FACILITIES FOR THE PORTION OF LA MEDIA ROAD BETWEEN OLYMPIC PARKWAY AND SANTA VENETIA STREET Page 2 - Council Action Agenda http://www.chulavistaca.gov April 4, 2006 CONSENT CALENDAR (continued) On October 11, 2005, McMillin Land Development submitted a payment request for change order reimbursement for the construction of La Media Road between Olympic Parkway and Santa Venetia Street. Adoption of the resolution approves the change orders related to the construction of La Media Road, to be paid in cash credits. (Acting Engineering Director) Staff recommendation: Council adopt the resolution. 5. Item 5 was pulled from the Consent Calendar for discussion. 6. RESOLUTION NO. 2006-103, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH THE CITY OF IMPERIAL BEACH FOR ANIMAL CONTROL SERVICES ChuIa Vista has provided animal control services to Imperial Beach since 1999. The existing agreement expired on June 30, 2005. Adoption of the resolution approves a new three-year animal control agreement with an option to extend administratively for two additional years upon mutual consent. (General Services Director) Staff recommendation: Council adopt the resolution. ACTION: Mayor Padilla moved to approve staffs recommendations and offered the Consent Calendar, headings read, texts waived, noting that in Item I, the minutes of March 21, 2006 were removed from the agenda; Item 3 was removed from the agenda; and Item 5 was removed from the Consent Calendar for discussion. The motion carried 4-0 ITEMS REMOVED FROM THE CONSENT CALENDAR 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF SUNBOW VILLAS, CHULA VISTA TRACT NO. 05-03 On March 1,2005, the Council approved a tentative subdivision map for Sunbow Villas, a project consisting of a condominium conversion of202 multi-family units. Adoption of the resolution, per Government Code Section 66474.1, allows the final map to record, converting the existing apartments into condominiums. (Acting Engineering Director) Staffrecommendation: Council adopt the resolution. Councilmember Castaneda recused himself from participation, since he has an apartment in the complex. He then left the Chambers. Assistant City Attorney Hull read the following statement into the record: Page 3 - Council Action Agenda http://www .chulavistaca.gov April 4. 2006 ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) "This evening, you have before you an item to consider the approval of the final map for the Sunbow Villas condominium conversion. At this time, the City Attorney's office is pulling this item indefinitely off the agenda while we seek an advisory opinion from the Attorney General's office regarding how to proceed. This recommendation is based upon the following facts: "This matter was originally scheduled to come before the Mayor and Council on March 14, 2006. At that time, it consisted of a final map and a standard supplemental subdivision improvement agreement, an SSIA. On the date of the hearing, the City Attorney's office discovered that Councilmember Castaneda was a resident in the project. The Councilmember had moved into the facility after the approval of the tentative map in March 2005. "Under the tenns of the tentative map, certain relocation benefits were required to be provided to the residents of the complex. The City Attorney's office requested time to review the documentation to ensure there were no potential conflicts of interest, either under the Political Refonn Act or Government Code Section 1090. During this review of the facts, we discovered that as proposed on March 14,2006, Councilmember Castaneda did not qualify for the relocation benefits required under the relocation assistance program identified as part of the tentative map. However, during discussions with the applicant, we were infonned that Councilmember Castaneda, along with all other residents who had moved into the complex after approval of the tentative map, were receiving a 10% discount on their rent. The applicant has also indicated that the rent reduction was a company policy offered in those facilities where a condominium conversion was underway. It is not, it was not a part of the relocation assistance program identified in the tentative map. This rent reduction raised additional concerns regarding potential conflicts of interest. "As part of our review of the documentation, we analyzed the proposed SSIA and met with staff from the Planning and Engineering Departments. During the course of the review, Engineering and Planning staff indicated that the SSIA was included as part of the final map because that was the process that was always followed. However, in this instance, all of the conditions within the SSIA had either been satisfied, would be enforced through the City's code enforcement powers, or would be addressed at the building pennit stage. It is within the scope of the City Engineer's authority to detennine whether all of the conditions have been substantially satisfied to justify the approval of a final map. Based upon the review of the City staff, it did not appear an SSIA would be necessary for the project. Based upon that analysis, we recommended that the item be rewritten to merely approve the final map. "The issues surrounding this item have raised both Political Refonn Act issues and Government Code Section 1090 issues. The Political Refonn Act prohibits a public official from making, participating in the making, or in any way attempting to use his official position to influence a governmental decision if he or she knows or has reason to know that he or she has a financial interest in that governmental decision. The approval of a final map by the Council would be a governmental decision for purposes of the Political Refonn Act. . Page 4 - Council Action Agenda http://www .chulavistaca.gov April 4, 2006 L .__ ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) "For the past eight months, Councilman Castaneda has being receiving a 10% rent reduction from Pacifica Sunbow, the applicant before the Council on the final map. The rent reduction amounts to more than $500 and could be classified as income for purposes of the Political Reform Act. Because it is more than $500 and directly affects the source of income of the Councilmember, we recommended that he abstain from the vote pursuant to the Political Reform Act. "Govemment Code Section 1090 provides that members of the legislature, state, county, district, judicial district and city officers or employees shall not be financially interested in any contract made by them in their official capacity, or by any body or board of which they are members. If a violation of Section 1090 would occur, the agency is precluded from entering into the contract. "The courts have broadly interpreted Section 1090. Conflict of interest statutes, like Section 1090, are concerned with what might happen, rather than merely what actually happened, and are aimed at eliminating temptation, avoiding the appearance of impropriety, and assuring the public of a government officer's undivided and uncompromised allegiance. Their objective is to remove or limit the possibility of any personal influence, either direct or indirect, which might bear on an official's decision. "Board members are presumed to be involved in the making of all contracts. Section 1090 requires a contract to have been entered into but does not require actual financial gain to be realized by the public official for a violation to have occurred. The fact that the officer's financial interest is small or indirect is immaterial. This is different from many other conflict of interest statutes, such as the Political Reform Act that has threshold dollar amounts that must be attained before a violation will occur. "Participation in the actual approval or execution of a contract is not required if the official influenced, directly or indirectly, the making of the contract to promote his personal interest. Additionally, 'making of a contract' has been interpreted to include preliminary discussions, negotiations, compromises, reasoning, planning, drawing of plans and specifications, and solicitation for bids. Participation in the making of a contract, for purposes of Section 1090, goes well beyond what one would normally consider participation. An official may be convicted of a violation even if the public official did not actually participate personally in the execution of the questioned contract. Rather, if it is established that he had the opportunity to and did influence execution directly or indirectly to promote his personal interest, there is a violation of Section 1090. "Pursuant to Government Code Section 1091, an officer will not be deemed to be interested in a contract if the officer only has a remote interest in the contract. A remote interest may include a contract of a landlord or tenant. As the contract is between the City and Pacifica Sunbow, the Councilmember's landlord, it may be that the interest in this contract is remote. However, there is no case law or Attorney General opinion on this issue, which would be dispositive. Additionally, outside counsel has opined that it is unlikely a court would find this exception applicable here. Page 5 - Council Action Agenda http://www.chulavistaca.gov April 4. 2006 ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) "Additionally, under Section 1091(c), the remote interest exception is not applicable if the officer interested in the contract has influenced or attempted to influence another member of the body or board of which he or she is a member to enter into the contract. Again, there is no case law on point which has interpreted what this section means by influences or attempts to influence a member to enter the contract. As this matter has been agendized three times and been the subject of public comment and media scrutiny, it is possible that a court would find the remote interest exception is inapplicable. "Although there is no statutory authority of a rule of necessity exception, the Attorney General's Office and the courts have applied a limited rule of necessity to the application of Section 1090. This rule of necessity may be allowed.. . may allow a board to proceed even if there is a prohibited interest under Section 1090, but it has been applied in very limited circumstances. Generally, it has: 1. focused on contracting for essential services when no source, other than the one that causes a Section 1090 issue, is available or 2. it has focused on performance of official duties, such as the need to enter into a labor agreement but a board member stands to benefit in someway trom the labor agreement. "It is possible that a court may find the rule of necessity applicable in this case. The processing of a final map is ministerial and must be approved if all conditions of the tentative map have been satisfied. In this case, if all conditions of the tentative map have been satisfied, and the approval is therefore ministerial, there is no need for an agreement. The courts have determined that a developer does not have a right to require that the local agency enter into an improvement agreement. The purpose of an agreement is to ensure any remaining improvements be completed prior to the approval of a final map. The allegation that the City is required to enter into an agreement because condition 9(a)(2) of the tentative map requires a contract in order to ensure that after a final map has been approved that the applicant and his successors will remain in compliance with the tentative map conditions is an argument of form over function. If the City determines that conditions of the tentative map will continue to be complied with by other enforcement mechanisms, the City is not required by state law to enter into a contract. "For example, Mr. More, with the law firm Davis Cowell & Bowe, has stated that condition number 14 of the tentative map requires an agreement in that all onsite drainage facilities shall be private. This is incorrect and shows a lack of understanding of the Subdivision Map Act, which governs these types of decisions. All onsite drainage facilities are private because the City has not accepted an easement for such facilities. The agreement has no impact on this issue, regardless of what the agreement would say. The ongoing compliance with this condition is not dependent on the existence of an agreement but is based upon the fact that no easement has been provided to the City. Page 6 . Council Action Agenda http://www .chulavistaca.gov April 4, 2006 ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) "Another example is the Recycling and Waste Management Plan must be complied with. Again, this is a requirement of our Municipal Code in that all property owners are required to comply with the Recycling and Waste Management Plan once such a plan has been approved by the City. This is subject to our enforcement powers under the Municipal Code, so therefore, no agreement is necessary. "The allegation that a contract is necessary is based upon the fact that there was an earlier contract provided to the applicant. This was the result of staff providing an agreement based upon past practices of the City. "Based upon the staff analysis that the tentative map conditions have been complied with, addressed through other means, or are related to the building permit stage, no agreement is necessary for the approval of the final map. "The good news here is that the City Council has not taken any action on this project. However, in order to prevent any appearance of impropriety, and to ensure to the public a government officer's undivided and uncompromised allegiance, we want to remove any concern with a possible violation of Government Code Section 1090. "There is no case on point for which we can rely; therefore, the City Attorney's office is pulling this item indefinitely while we pursue an opinion from the Attorney General regarding the application of Section 1090 to these facts. Although we know it is difficult, we've advised the Mayor and Council to refrain from discussing or commenting upon the item or any comments made by the public at this time, as it may impact the Attorney General's analysis." William Black, a prospective Sunbow buyer, asked for quick resolution, since he intends to purchase a unit for his disabled daughter, who has given 30-days' notice on her apartment. Roxane Auer spoke on behalf of Sunbow tenants, many of whom were present in the audience. She urged the City to require the standard supplemental subdivision improvement agreement (SSIA), since many of the conditions of the tentative map have not been substantially met. She stated that the agreement is needed to protect the tenants. She then submitted documents showing another project by the same developer that did not meet fire code requirements. Valerie Lopez stated that she moved into Sunbow last July and has been harassed by the current management there. She said she needed her relocation benefits in order to move as soon as possible. Veronica Martin stated that she has lived at Sunbow for 14 years and was counting on the relocation money to find another home. She said she would feel more secure if an SSIA agreement were signed. Page 7 - Council Action Agenda http://www .chulavistaca.gov April 4, 2006 ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) Mike pazder, an attorney representing Affordable Housing Advocates, stated he had met with many of the tenants last fall and the developer has given out misinformation. He noted that to approve the final map, the Council would have to make the finding that the conditions of the tentative map were met. He said he did not understand why the City would not enter into the SSIA agreement. By not taking action, the relocation assistance is being delayed; and the tenants are forced to live in an undesirable place. He encouraged the Council to take steps to ensure that this type of problem does not happen in the future. Florfina Arce stated she is between being a Sunbow tenant and buyer and would like the protection of the SSIA. Kai Newkirk, Jodeen Olguin-Taylor and Ruben Can, Sunbow tenants, submitted cards opposing approval of the final map, but did not wish to speak. Mayor Padilla expressed regret for the difficult situation for both tenants and buyers and that there was not a higher degree of protection for the tenants. He stated that although the City is limited in what it can do, it will do everything possible to make sure the tenants are protected. No action was taken on this item. PUBLIC COMMENTS There were none. PUBLIC HEARINGS 7. CONSIDERATION OF A REVISED TENTATIVE SUBDIVISION MAP FOR OTAY RANCH VILLAGE ELEVEN LOCATED EAST OF EASTLAKE PARKWAY AND SOUTH OF OLYMPIC P ARKW A Y - BROOKFIELD SHEA OT A Y (BSO) PROJECT LP Brookfield Shea Otay (BSO) Project LP proposes to revise the Village Eleven tentative subdivision map in order to utilize the total units authorized in the Sectional Planning Area (SPA) Plan. This tentative map revision proposes to transfer unused units from various neighborhoods to a multi-family project in Neighborhood R-17. (Planning and Building Director) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. Planning and Building Director Sandoval introduced Associate Planner Phelps, who presented the staff report. Mayor Padilla reported that he resides in Village 11 and requested confirmation that he had no conflict of interest to prevent his participation on this item. Planning and Building staff, Director Sandoval and City Attorney Moore confirmed that Mayor Padilla resides outside the 500-foot radius of the project and had no conflict of interest. Page 8 - Council Action Agenda http://www .chulavistaca.gov April 4, 2006 I J PUBLIC HEARINGS (Continued) Applicant Ron Grunow commended staff and said he was present to answer questions. With no further members of the audience wishing to speak, Mayor Padilla closed the hearing. ACTION: Deputy Mayor McCann offered the following resolution, heading read, text waived: RESOLUTION NO. 2006-104, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REVISED TENTATIVE SUBDIVISION MAP FOR OTAY RANCH VILLAGE ELEVEN, LOCATED EAST OF EASTLAKE PARKWAY AND SOUTH OF OLYMPIC PARKWAY - BROOKFIELD SHEA OTA Y (BSO) PROJECT, LP The motion carried 4-0. 8. CONSIDERATION OF THE 2006/2007 ANNUAL ACTION PLAN, THE FIRST AMENDMENT TO THE 2005-2010 CONSOLIDATED PLAN, AND A HOUSING AND URBAN DEVELOPMENT SECTION 108 LOAN APPLICATION The City is eligible to receive $2,042,661 in Community Development Block Grant (CDBG), $954,765 in Home Investment Partnership (HOME) and American Dream Down payment (ADDI), and $86,993 in Emergency Shelter Grant (ESG) entitlement funds from the U.S. Department of Housing and Urban Development (HUD) for Fiscal Year 2006/2007 upon submittal and approval of the Annual Action Plan. Adoption of the resolution approves the Annual Action plan, an amendment to the 2005-2010 Consolidated Plan, and a HUD Section 108 loan application, which assists the City in financing large-scale development projects. In order to receive the Section 108 loan funds, an amendment to the five-year consolidated plan is required. (Assistant City Manager/Community Development Director) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. Housing Manager Mills discussed the annual plan process and introduced Community Development Specialist II Macias, who presented the staff report. Councilmember Castaneda asked the amount of CDBG administrative and planning funding actually going to planning. Housing Manager Mills responded that the funding is primarily to administer all of the grant programs and housing services. Councilmember Castaneda then asked about funding for mobilehome park code enforcement, confirmed that Code Enforcement Officer Johnson is working full time in the mobilehome parks, and inquired as to whether there were plans to increase funding or staffing for the mobilehome park code enforcement/inspection program. Planning and Building Director Sandoval responded that funding is primarily directed toward health and safety issues identified at the state level, and staff has not looked at expanding the program. Page 9 - Council Action Agenda http://www.chulavistaca.gov April 4, 2006 PUBLIC HEARINGS (Continued) Mayor Padilla noted that a review of possible increased funding was requested during last year's mid-year budget deliberations in order to comply with the Title 25 inspection program at all parks. He stated that staffing is still not at the level needed. Deputy Mayor McCann disclosed that he was on the Board of Directors, in a non-compensated position, for the Boys and Girls Club, which is a recipient of funding. He then stated that the Montgomery area sidewalk project was one of the most worthwhile. tangible projects done over the last couple of years; and he thanked all organizations that participate in the CDBG program for their diligence in providing services to our citizens. There were no members of the audience wishing to speak, and Mayor Padilla closed the hearing. ACTION: Deputy Mayor McCann offered the following resolution, heading read, text waived: RESOLUTION NO. 2006-105, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ANNUAL ACTION PLAN FOR FISCAL YEAR 2006/2007 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIP ACT (HOME), AMERICAN DREAM DOWN PAYMENT (ADDI) AND EMERGENCY SHELTER GRANT (ESG) PROGRAMS; AND APPROVING THE FIRST AMENDMENT TO THE 2005-2010 CONSOLIDATED PLAN; AND AUTHORIZING TRANSMITTAL OF 2006/2007 ANNUAL ACTION PLAN AND THE FIRST AMENDMENT TO THE 2005-2010 CONSOLIDATED PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD); AND INSTRUCTING STAFF TO INCLUDE APPROPRIATIONS TO FUND THE ANNUAL ACTION PLAN IN THE FISCAL YEAR 2006/2007 PROPOSED BUDGET The motion carried 4-0. ACTION ITEMS 9. CONSIDERATION OF APPROVAL OF AN ACQUISITION/FINANCING AGREEMENT PERTAINING TO COMMUNITY FACILITIES DISTRICT NO. 13-1 (OTAY RANCH VILLAGE SEVEN) AND AUTHORIZATION TO ISSUE SPECIAL TAX BONDS Community Facilities District No. 13-1 (CFD-13-I) was formed to provide for the financing and acquisition of certain authorized public facilities. Adoption of the resolution approves the acquisition/finance agreement with Otay Project L.P, the issuance of special tax bonds of CFD 13-1 in the amount of approximately $16,505,000, and approves the form of certain documents related to the issuance of the bonds. (Acting Engineering Director) Page 10 - Council Action Agenda http://www.chulavistaca.gov April 4, 2006 . ACTION ITEMS (Continued) ACTION: Deputy Mayor McCann offered the following resolutions, headings read, texts waived: RESOLUTION NO. 2006-106, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FORM OF AN ACQUISITION/FINANCING AGREEMENT PERTAINING TO COMMUNITY FACILITIES DISTRICT NO. I3-1 (OTA Y RANCH VILLAGE SEVEN) RESOLUTION NO. 2006-107, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. I3-1 (OT A Y RANCH VILLAGE SEVEN), AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF SPECIAL TAX BONDS OF THE DISTRICT, APPROVING THE FORM OF BOND INDENTURE, BOND PURCHASE AGREEMENT, PRELIMINARY OFFICIAL STATEMENT AND OTHER DOCUMENTS RELATED TO THE ISSUANCE OF THE BONDS, AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION WITH THE ISSUANCE OF THE BONDS The motion carried 4-0. 10. CONSIDERATION OF AWARDING CONTRACTS FOR POLICE-INITIATED TOWING AND STORAGE SERVICES, AND AMENDING THE SERVICE RATE SCHEDULE (Continued from March 21, 2006) The Police Department recently completed a request for proposal for Police-initiated towing and impound services. Adoption of the resolutions awards the contracts, amends the service rate schedule, and authorizes the Police Department to make annual changes to the police-initiated towing service rate schedule. (Police Chief) City Manager Rowlands stated that staff recommends a continuance of this item due to recent information provided to the City Attorney's office by outside counsel. City Attorney Moore stated that the item would be brought back as expeditiously as possible. ACTION: Councilmember Castaneda moved to continue the item to a future date. Mayor Padilla seconded the motion, and it carried 4-0. 11. REPORT REGARDING CHULA VISTA TRANSIT'S FUNDING AND OPERATIONS At the February 22, 2005 Council meeting, Transit staff presented a report on Chula Vista's transit system (Chula Vista Transit). This report addresses an update on Chula Vista Transit's funding and operations. (Public Works Operations Director) Page]] - Council Action Agenda http://www .chulavistaca.gov April 4, 2006 ACTION ITEMS (continued) Public Works Operations Director Byers introduced Transit Coordinator Trujillo, who presented the staff report. Deputy Mayor McCann asked when security cameras would be installed at the trolley stations and asked the City Manager to personally get involved with trolley staff to ensure that the cameras are installed as soon as possible. He also asked that staff find a way to install a turnout, or provide another solution, for the bus stop on East H, just east of Hidden Vista, to remove the buses from the direct line of traffic. Transit Coordinator Trujillo indicated that he would approach the Metropolitan Transit System (MTS) to see if improvements could be made to that stop. In response to Councilmember Castaneda's inquiries, staff commented on the bus bench replacement program, the construction underway in the dedicated guide-way in Otay Ranch, and the Bus Rapid Transit program. Mayor Padilla expressed the need to consider facilities for bus passengers when planning stops, noting the profusion of shopping carts that accumulate around bus stops that are not located near grocery stores. Councilmember Chavez asked the progress of plans being developed to assist seniors who would be affected by the loss of one of the 706 routes. Transit Coordinator Trujillo responded that he had worked with MTS and only one route will be eliminated in June. The frequency of the other route (706A) will be reduced, allowing a six-month trial period to increase ridership. The route will be slightly different, but will serve the same areas. This route will be reassessed between June and January to determine whether ridership warrants its continuation. Deputy Mayor McCann congratulated staff on an outstanding job and requested a comparison of Chula Vista's service with that of other municipalities in the future. ACTION: Deputy Mayor McCann moved to accept the report. Mayor Padilla seconded the motion, and it carried 4-0. At 5:49 p.m., Mayor Padilla declared a recess. The meeting reconvened at 6:07 p.m. with Mayor Padilla, Deputy Mayor McCann, and Councilmembers Castaneda and Chavez present. OTHER BUSINESS . 12. CITY MANAGER REPORTS City Manager Rowlands announced that the report for the upcoming Thursday workshop was a powerful document delineating what the City has accomplished over the years in the Montgomery area. Page 12 - Council Action Agenda http://www.chulavistaca.gov April 4, 2006 OTHER BUSINESS (Continued) 13. MAYOR'S REPORTS 6:00 P.M. Questions and Answers regarding the Mayor's security detail. Mayor Padilla provided a chronology of the events leading up to and following the hiring of his security detail, noting that there was no intentional wrongdoing and that a different process should have occurred. City Manager Rowlands spoke regarding what previously could not be discussed in public due to exposure to pending litigation. ACTION: Mayor Padilla moved to waive privilege on any information not already provided, with the exception of Closed Session discussions. Councilmember Castaneda seconded the motion, and it carried 4-0. Kevin O'Neill thanked the Council for waiving privilege and suggested that issues need to be stated and public discussions held in order to regain the public trust. Councilmember Castaneda recommended that the Council discuss policies relating to the following: I) Public contracting (have discussions with respect to disclosure; inform the Council when there is a diversion rrom the original terms, if the contract was provided by the vendor rather than using the standard City format, and what the differences are; place all costs involved on the table; do not combine items that are not like items, or have anything folded into a contract; and include public noticing and reporting). 2) City vehicle usage and stipends (when would stipends be suspended if City vehicles are being used). 3) Council expense stipends. Councilmember McCann recommended policies be developed pertaining to: (I) A 3D-day termination for convenience clause in contracts to establish whether or not one is needed. (2) Preventing the addition of additional funds to an item for which the Council has appropriated funds without coming back for Council discussion and approval. (3) Preventing the combining of unlike items. He further stated that the Council needed to be vigilant in having an open process and bringing items to the forerront. Councilmember Chavez commented that security needed to be looked at in a different way, since the City has grown so large. She also noted that there needed to be more common-sense dialoging on the dais, with issues brought forward at the time they occur, not after the fact. Page 13 - Council Action Agenda http://www.chulavistaca.gov April 4, 2006 OTHER BUSINESS (Continued) 14. COUNCIL COMMENTS Deputy Mayor McCann announced that a golf tournament to benefit the Veterans Foundation would be held on April 11th and that his office may be contacted at 691-5044 for further information. CLOSED SESSION Closed Session was cancelled, and the following item was not discussed: 15. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) . One Case ADJOURNMENT At 7:32 P.M., Mayor Padilla adjourned the meeting in memory of Olivia Castellanos to a workshop on April 6, 2006, at 6:00 p.m. in the Council Chambers, and thence to the Regular Meeting on April II, 2006 at 6:00 p.m. in the Council Chambers. ~I.u-I~?;~ Susan Bigelow, MMC, City Clerk Page 14 - Council Action Agenda http://www.chulavistaca. gOY April 4, 2006 j