Loading...
HomeMy WebLinkAboutcc min 2006/06/13 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA June 13, 2006 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:54 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilrnembers: Castaneda, Chavez, McCann, Rindone, and Mayor Padilla ABSENT: Councilmembers: None ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, and Deputy City Clerk Lorraine Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Mayor Padilla announced that the City Council convened in Closed Session at 5:00 p.m. for the purpose of addressing the position of Interim City Manager. In a unanimous vote, the Council appointed Assistant City Manager Jim Thomson, conditioned upon the successful negotiation of a compensation agreement. Councilmembers Rindone and Castaneda were designated to work directly with Mr. Thomson and then bring the agreement forward for ratification by the Council on June 20, 2006. Mayor Padilla also stated that a special Closed Session would be held on June 15,2006 at 5:30 p.m., prior to the joint City CouncillPlanning Commission/Growth Management Oversight Commission workshop, to further discuss this personnel appointment issue. Mayor Padilla further added that Mr. Thomson's position as Interim City Manager would be effective immediately. Interim City Manager Thomson thanked the Councilmembers for their trust and confidence, stating that he would do his best to serve the Council and citizens. He also acknowledged and thanked Dave Rowlands for his excellent work over last eight years, stating that Mr. Rowlands had assembled an extraordinary group of employees. He then thanked Mr. Rowlands and the entire city organization for their accomplishments. SPECIAL ORDERS OF THE DAY . DID YOU KNOW...ABOUT THE FIRE DEPARTMENT'S NEW FIRE SAFETY HOUSE? Presented by Justin Gipson, Fire Marshal. Fire Chief Perry introduced Fire Marshal Gipson, who made a presentation on the new fire safety house. CONSENT CALENDAR (Items I through 9) With reference to Item 3, Councilmember Rindone stated that he would abstain from voting, as he owns property within 500 feet of the project. With reference to Item 4, Councilmember Castaneda stated that he would abstain from voting, as he owns property within 500 feet ofthe project. I. APPROVAL OF MINUTES of May 4, 2006. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATION Letter of resignation from Tracy Means, Member of the Resource Conservation Commission. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with the Maddy Act. 3. RESOLUTION NO. 2006-169, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING CITY STAFF'S ACTION ON APPROVING CHANGE ORDER NO. 2 WITH METROPOLITAN CONSTRUCTION TO COMPLETE THE "CMP STORM DRAIN PIPE REHABILITATION" PROJECT (DR- 165), AND TRANSFERRING THE AMOUNT OF $18,146 FROM CAPITAL IMPROVEMENT PROJECT "WESTERN CHULA VISTA INFRASTRUCTURE" (GG- 188) TO DR-165 FOR SAID PURPOSE In November 2005, the Council awarded a contract in the amount of $194,774 for the storm drain pipe rehabilitation project. During the course of construction, staff discovered that the existing pipe at the Fig/Guava site had a low point just below an existing block wall. Adoption of the resolution approves a change order for the additional work required to complete the project. (General Services Director) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2006-170. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, AWARDING THE CONTRACT FOR THE "MEMORIAL BOWL RENOVATIONS IN THE CITY OF CHULA VISTA, CALIFORNIA (PR-272)" PROJECT TO e.D.M. CONSTRUCTION, INe. IN THE AMOUNT OF $119,302.90, AUTHORIZING AN INTER-PROJECT TRANSFER OF RCT FUNDS FROM AN EXISTING PROJECT, GG-166, "HVAC EQUIPMENT UPGRADES," AND REDUCING THE APPROPRIATION OF STATE RECREATION GRANT FUNDS Three sealed bids were received for the Memorial Bowl renovations project. Adoption of the resolution accepts the bids, awards the contract and transfers funds for the project, the scope of which primarily includes rehabilitation of the amphitheater seating, walls, and walkways, and the installation of a new dedication monument within Memorial Park. (General Services Director) Staff recommendation: Council adopt the resolution. Page 2 - Council Minutes June 13.2006 CONSENT CALENDAR (Continued) 5. RESOLUTION NO. 2006-171, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE FINAL REPORT OF EXPENDITURES FOR THE "EMERGENCY DRAINAGE FACILITY REPAIR WORK ON FIRST AVENUE, BETWEEN H STREET AND SHASTA STREET:' AND RATIFYING THE ACTIONS OF THE CITY MANAGER AND DIRECTOR OF GENERAL SERVICES FOR MAKING AND EXECUTING A CONTRACT FOR SAID EMERGENCY REPAIR WITH T.e. CONSTRUCTION COMPANY, INe. In February 2005, the Police Department notified Public Works Operations that a sinkhole caused by failed storm drain facilities had developed along First Avenue, between H and Shasta Streets. In accordance with emergency provisions of the City Charter, staff contracted the services of T.C. Construction Company, Inc. for the repair. The repair was completed and the street reopened to vehicular traffic in June 2005. Adoption of the resolution accepts the final report of expenditures for the repair work and ratifies the actions of the City Manager and General Services Director to execute the contract. (General Services Director) Staff recommendation: Council adopt the resolution. 6.A. RESOLUTION NO. 2006-172, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FOR FILING THE FINAL ENGINEER'S REPORT FOR ASSESSMENT DISTRICT 2004-1 (DIXON DRIVE) B. RESOLUTION NO. 2006-173, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE DEFERRAL OF ASSESSMENTS AND ESTABLISHING THE RATE OF INTEREST OF FIVE PERCENT PER YEAR AND THE FINANCING PERIOD OF A MAXIMUM OF TEN YEARS APPLIED TO THE DEFERRALS FOR ASSESSMENT DISTRICT 2004-1 (DIXON DRIVE) C. RESOLUTION NO. 2006-174, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE PLACEMENT OF A LIEN ON THE ASSESSED PROPERTY AND THE COLLECTION OF THE ASSESSMENT AT THE SAME TIME AND IN THE SAME MANNER AS OTHER CITY TAXES ARE COLLECTED FOR ASSESSMENT DISTRICT 2004-1 (DIXON DRIVE) In September 2005, the Council awarded a contract in the amount of $574,433.75 for the Dixon Drive project (STL-302), between Naples and Oxford Streets, to Scheidel Contracting and Engineering Inc. The work is now complete, and adoption of the resolutions accepts the filing of the Engineer's Report on the cost of construction, approves the deferral of assessments, establishes the rate of interest and financing period applied to deferrals for assessment, and authorizes the collection of assessments on the County tax roll. (General Services Director) Staff recommendation: Council adopt the resolutions. Page 3 - Council Minutes June 13,2006 CONSENT CALENDAR (Continued) 7. RESOLUTION NO. 2006-175, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING THE APPROPRIATIONS LIMIT FOR THE CITY OF CHULA VISTA FOR FISCAL YEAR 2006/2007 Article XIIIB of the California Constitution, approved by the voters in 1979 and commonly referred to as the Gann Initiative, requires each local govemment to establish an appropriations limit by resolution annually. The purpose of the limit is to restrict the spending of certain types of revenues to a level predicated on a base-year amount and increased annually by an inflation factor. Adoption of the resolution establishes an appropriations limit of $446,907,029 for Fiscal Year 2006/2007. (Finance Director) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2006-176, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAINTAINING THE EXISTING CITY INVESTMENT POLICY AND GUIDELINES The City has an existing Investment Policy and Guidelines to ensure the prudent management of idle cash. State law requires that the Investment Policy and Guidelines be adopted by resolution of the City Council on an annual basis, after being reviewed to ensure consistency with the overall objectives of preservation of principal, liquidity, and yield, and its relevance to current law and financial and economic trends. (Finance Director) Staff recommendation: Council adopt the resolution. 9. RESOLUTION NO. 2006-177, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL CONSULTANT SELECTION PROCESS, APPROVING AN AGREEMENT WITH THE CENTRE FOR ORGANIZATION EFFECTIVENESS FOR STAFF PROFESSIONAL DEVELOPMENT CONSULTANT SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The proposed agreement is the second consultant assignment with The Centre this fiscal year. It provides management and executive leadership academies for the City. Since the total consultant fee for both agreements exceeds $50,000 this fiscal year, Council approval is required. Staff has recommended that the Council waive the formal consultant selection process and enter into the second agreement with The Centre based on the group's qualifications and experience, the limited market for this expertise, and satisfactory work performed on previous professional staff development consultant assignments. (Human Resources Director) Staff recommendation: Council adopt the resolution. ACTION: Mayor Padilla moved to approve staffs recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0, except on Item 3, which carried 4-0-1 with Councilmember Rindone abstaining, and Item 4, which carried 4-0-1, with Councilmember Castaneda abstaining. Page 4 . Council Minutes June 13,2006 ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Dick Butler spoke about issues regarding the proposed installation of a traffic signal at the intersection of Second Avenue and Quintard Street. He stated that over a two-hour period daily, pedestrians and vehicles sharing the intersection and cause gridlock when Castle Park students get out of school. He believed that the installation of a traffic signal would not resolve the traffic problem. There are currently four-way stop signs at the intersection, with reports of only one accident over a two-year period. He believed the students would not obey the no-walk signals and that there had to be a better way to resolve the two-hour problem. Phil Magnon stated that he informed the City's Code Enforcement Division last year that the F Street Bookstore on Third Avenue was in violation of the City's ordinance that provides that adult book stores could not be within 500 feet of a residence. He said the bookstore had never been in compliance with either the County or the City regarding its proximity to residences. He believed that the City should consider closing the bookstore, or moving it, since it is a magnet for sexual predators. He encouraged the City to work to remove the F Street Bookstore and to enforce its own codes. Robin Leon stated that she was contacted on her unlisted phone number on several occasions by an out -of-state market and research company about the City" s growth and was also asked to specifically vote against mayoral candidate Cheryl Cox. She believed that the City needed new leadership. She said she feared for her life and was a concerned and worried citizen. Mayor Padilla responded that the phone bank could have been one paid for by the San Diego Imperial Labor Council on his behalf, independent of his campaign and one that he did not control or hire. Carolyn Easley stated that government officials were not working together, citing for example that the Planning and Building Department was not working with Code Enforcement on California Code regulations 1104 and 1105. She said that nobody seemed to care what was going on in the City except for seniors, who would like to keep the City a beautiful and lawful place in which to live. Georgie Stillman spoke about the 24-hour Fitness Center that is proposed for the former CinamaStar theater site, stating that seven similar fitness facilities exist within a half-mile radius of the site. She questioned whether an economic feasibility study existed to support the use, and she found it inconceivable that the use could be supported when the City is encouraging development of the downtown area. She stated that if the owner or developer could not be dissuaded ITom the inappropriate use, perhaps the site should be considered a candidate for eminent domain to make way for a vibrant gathering place in the heart of the City's urban core. Page 5 - Council Minutes June 13,2006 PUBLIC HEARINGS 10. CONSIDERATION OF AN AMENDMENT TO THE MASTER FEE SCHEDULE TO INCREASE THE NATURE CENTER ADMISSION FEE The Nature Center's current admission fees became effective in September 2003, following the opening of the David A. Wergeland Shark & Ray Experience and Eagle Mesa exhibits. Admission fees have been re-evaluated in anticipation of the completion of the latest major expansion and upgrade of exhibits. It is recommended that the fees be modestly increased after the grand re-opening in July. (Nature Center 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. Nature Center Director Beintema explained the proposed master fee schedule increase. Deputy Mayor McCann asked whether the proposed fee increase would affect any school or group programs. Director Beintema replied that Chula Vista elementary schools would not be affected, but schools outside the City's jurisdiction would pay the proposed increase in admission fees. There being no members of the public who wished to speak, Mayor Padilla closed the public hearing. ACTION: Mayor Padilla offered Resolution No. 2006-178, heading read, text waived. RESOLUTION NO. 2006-178, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE MASTER FEE SCHEDULE TO INCREASE THE NATURE CENTER ADMISSION FEE EFFECTIVE FOLLOWING THE OPENING OF THE WERGELAND F AMIL Y DISCOVERY CENTER The motion carried 5-0. II. CONSIDERATION OF APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE 14.58 ACRES AT 825 EAST PALOMAR STREET INTO A ONE-LOT CONDOMINIUM PARCEL (PCS 06-02; APPLICANT: LDM SUNBOW, LLC) LDM Sunbow, LLC, submitted an application for a tentative subdivision map to convert 336 existing apartments to a condominium project containing 336 individually-owned residential units, known as Missions at Sunbow. Adoption of the resolution approves the tentative map and its conditions. (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. Page 6 - Council Minutes June 13,2006 PUBLIC HEARINGS (Continued) Interim City Manager Thomson announced that perhaps confusion was created by recent information in the Union Tribune that gave the correct address for the project but added comments that may have led readers to believe that the project was one on Medical Center Drive and East Naples. He thanked the Union Tribune for running a correction. City Consultant Danielle Putnam presented the proposed Missions at Sunbow condominium conversion project. Councilmember Rindone referred to a deed restriction preventing the apartments trom being converted until 2013 and asked why the restriction could be lifted without creating a problem. Ms. Putnam responded that the property was recently sold, and the restriction was put into place to protect the past owners from any construction liability lawsuits due to condominium conversions. When the apartments are converted to condominiums, the former owners would formally give their permission to lift the deed restriction. Councilmember Chavez spoke regarding the 2,250 rental units remaining in the two-mile radius of the proposed project and asked if the Hendenkamp Elementary school district lies within that two-mile radius. Ms. Putnam responded affirmatively. Councilmember Chavez asked whether there would be any rules set for governing the conversions, should they occur years down the road. Ms. Putnam responded that an inspection would be made by the City's Code Enforcement officers, and any conditions would have to be made in the supplemental subdivision improvement agreement. There being no members of the public who wished to speak, Mayor Padilla closed the public hearing. Deputy Mayor McCann commented that the proposed project gives families the opportunity for homeownership and a stake in the community. ACTION: Deputy Mayor McCann then offered Resolution No. 2006-179, heading read, text waived: RESOLUTION NO. 2006-179, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ESTABLISHING CONDITIONS OF A TENTATIVE MAP TO DIVIDE INTEREST IN 14.58 ACRES AT 825 EAST PALOMAR STREET FOR A ONE-LOT CONDOMINIUM PARCEL CONTAINING 336 RESIDENTIAL UNITS The motion carried 5-0. Page 7 - Council Minutes June 13. 2006 ACTION ITEMS 12. CONSIDERATION OF APPROVAL OF THE PUBLIC WORKS OPERATIONS DEPARTMENT'S STRATEGIC BUSINESS PLAN (Continued from May 23, 2006) In developing a Strategic Business Plan for Public Works Operations, several issues were identified that will affect the department in the next five years. Staff has established goals to address those issues proactively and has developed performance measures to track the progress in achieving those goals. (Public Works Operations Director) Public Works Operations Director Byers presented the five-year Public Works Operations Strategic Business Plan. Deputy Mayor McCann requested consideration of an increase in residential street sweeping during the next budget review cycle. ACTION: Deputy Mayor McCann then offered Resolution Nos. 2006-180 and 2006-181, headings read, texts waived: A. RESOLUTION NO. 2006-180, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PUBLIC WORKS OPERATIONS DEPARTMENT'S STRATEGIC BUSINESS PLAN B. RESOLUTION NO. 2006-181, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2006 BUDGET BY APPROPRIATING $96,600 FROM THE AVAILABLE BALANCE OF PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND TO PURCHASE EQUIPMENT The motion carried 5-0. 13. CONSIDERATION OF ADOPTION OF A HOLIDAY FESTIVAL GUIDELINES POLICY The Council requested that the City Attorney prepare a Council Policy to provide guidance to the Recreation Department for the selection process for participation in the City's annual Holiday Festival. (City Attorney) Senior Assistant City Attorney Marshall explained the proposed Council Policy. Deputy Mayor McCann asked whether the Yule Tide Parade and Holiday Festival were two separate events. Staffmember Marshall responded that the Holiday Parade is sponsored by the Downtown Business Association, the Holiday Festival is conducted through the City's Recreation Department, and a third event, the tree lighting ceremony, is coordinated by the Office of the Mayor and Council. Deputy Mayor McCann requested that these events be coordinated by all parties involved in the future, so as not to limit different views and expressions, and to provide an opportunity for the community to come together without censoring any group or activity. Page 8 - Council Minutes June 13,2006 ACTION ITEMS (Continued) Phil Magnan, representing Biblical Family Advocates, stated he was pleased that the City has taken religious rreedom seriously and should protect religious expression, not suppress it. He felt that nobody in the community should have to fear retribution by those who have forgotten the meaning of the Constitutional rights offreedom of religion, assembly, and speech. He applauded the efforts of the City to draft the proposed policy and was hopeful that at the next holiday festival, there would be room for baby Jesus. Mayor Padilla stated that these issues are precious and important to everyone. He stated for the record that there was an employee in the Recreation Department who made a bad decision, and after a review of what happened, Mayor Padilla believed that the issue was not malicious or anti- religious, but a call made in the field that was based on a misunderstanding of the law. He did not want to characterize what occurred incorrectly, that there was or is an effort by the City to quash diversity or religious freedom, because that is absolutely not the case and has never been the case. Mayor Padilla then read portions of the policy language, noting that he believes it is the appropriate policy for our government to allow the rree expression of the traditions and beliefs of all of its citizens. ACTION: Deputy Mayor McCarm offered Resolution No. 2006-182, heading read, text waived: RESOLUTION NO. 2006-182, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A COUNCIL POLICY REGARDING HOLIDA Y FESTIVAL GUIDELINES The motion carried 5-0. 14. CONSIDERATION OF AWARD OF CONTRACTS FOR POLICE INITIATED TOWING AND STORAGE SERVICES AND AMENDMENTS TO THE POLICE- INITIATED TOWING SERVICE RATE SCHEDULES The Police Department recently completed a request for proposal process to select qualified towing operators to provide police initiated towing and impound services. Four companies were selected. Adoption of the proposed resolutions awards the contracts for police-initiated towing and storage services, amends the rate schedule, and authorizes the department to make armual changes to the rate schedule. (Police Chief) Police Chief Emerson presented the staff report. Councilmember Castaneda requested confirmation that all seven respondents were qualified to move to the bidding process. Chief Emerson replied affirmatively. Councilmember Castaneda stated that one or more of the bidders recommended for award did not have a large rig tow vehicle in their fleets at the time they were rated and were asked to sign an affidavit at the end of the rating sheet. He asked the intent of the affidavit. Administrative Services Manager Chew explained that within one year after contracting with the City, the towing company is required to place a large rig vehicle in its fleet. During the first year, the company may sub-contract with other tow companies while in the process of obtaining capital to make the purchase. Councilmember Castaneda asked what recourse would be available if a tow company did not meet the minimum performance standards. Assistant City Attorney Marshall replied that the company could be removed rrom the list, a provision contained in the RFP (request for proposal). Page 9 - Council Minutes June 13.2006 ACTION ITEMS (Continued) Deputy Mayor McCann asked the why the first two RFP's were scrapped. Chief Emerson responded that there was a significant time lapse with the RFP process due to the relocation of the Police Department and a change in staffing. Staff, therefore, felt it to be a matter of fairness to close the RFP's out and start again; and while the third RFP is different from the past RFP processes, staff believed it to be the best option. Deputy Mayor McCann requested confirmation from the City Attorney's Office that the proposed contract would not make a profit and not violate state law. Assistant City Attorney Marshall replied that based upon the figures and assessments by staff of their costs, this was correct. She added that the Vehicle Code section states that the City may get a fee, so long as it does not exceed the actual and reasonable cost of administering the program. Deputy Mayor McCann clarified that the main reason for this bidding structure was to ensure that the City recovers its costs and provides affordable towing services to the residents. Chief Emerson responded affirmatively, adding that residents would receive a good rate and good service from the proposed towing services. Councilmember Chavez asked if the City had criteria the towing companies would need to follow. Staffinember Chew replied that the criteria are outlined in the RFP, including uniforms, logos, and response times for the east and west sectors of the City. Councilmember Chavez asked about monitoring procedures for the towing companies. Mr. Chew replied that Police staff would be setting up a database to monitor the tow companies. John Clark, representing JC Towing Inc., mentioned a number of concerns regarding the tow contract, such as past inspections for grading contractors was either pass or fail, with no consideration for quality of equipment, the state of the tow yard, or tow yard location. He believed that one of the bids should not have been opened and should have been considered non- responsive, since the company did not comply with the requirement to provide detailed answers to the RFP questions; and two of the bidders did not demonstrate the ability to purchase a big rig tow truck as required by the RFP and should, therefore, have been disqualified for non- compliance. Mr. Clark also expressed concern regarding the formula for the fee. John Clark IV, representing JC Towing, stated that JC Towing was listed at the top of the list in the past two RFP processes. At the third RFP mandatory pre-bid meeting, a concern was raised by one of the bidders about violating Vehicle Code 11210 regarding full cost recovery. Mr. Clark stated that his bid was submitted based upon staff's assessment of full cost recovery, but he was later notified that the full cost recovery amount was changed. He stated that his bid was based upon keeping within the parameters of the Velricle Code. David Pudgel, representing RoadOne, was pleased to be selected for towing services, and he thanked staff for a thorough and fair process. Shari Weintraub, attorney representing JC Towing, stated that she did not receive the towing services program documentation she requested from staff in March 2006. She also believed that the committee for the RFP process did not comply with the standards of Vehicle Code 11210. She explained that the fair way for the City to present the bid was to determine whether or not Page 10 - Council Minutes June 13,2006 ACTION ITEMS (Continued) the tow operators were qualified; detennine what the actual and reasonable costs incurred would be; identify the number of qualified tow operators the City would want in the program and divide one number by the other; issue an RFP; quote the license fee in confonnance with Vehicle Code 11210; and invite all qualified tow operators interested in paying the quoted fee to bid. She believed that identifying after the fact the reasonable and actual costs and taking the highest bidders number to fit did not make it fair. Councilmember Castaneda requested confinnation by Ms. Weintraub that the way the City had selected the contractors was not proper under the state Vehicle Code. Ms. Weintraub responded affinnatively. Assistant City Attorney Marshall explained that there were a number of different types of license fees that different jurisdictions charge, and there is no case law that says one way or another is the acceptable way. Councilmember Castaneda clarified with staff that the rating system employed in this process identified qualified contractors who were then asked to submit financial bids. Chief Emerson responded affinnatively. Rodney Soldenberger, representing American Towing, confinned that the standards set for the towing companies awarded the proposed contract were covered in the RFP and in the proposed contract. He stated that although his client did not currently have a big rig, the company did have one when the RFP process began in 2001 in order to attempt to obtain the Chula Vista contract. but it was not cost-effective. Pursuant to the RFP, parties were allowed to take exceptions to the RFP requirements, and he resented implications that American Towing was non-responsive. Regarding the Vehicle Code provision, he suggested that the Council refer to the memorandum sent in April from American Towing in response to the argument regarding the Vehicle Code provisions. He urged the Council to support and act upon staffs recommendation. Councilmember Rindone pointed out that there was no grading on the inspection sheet to detennine qualified operators, and he asked why the process was changed. Chief Emerson replied that staff elected to use a pass/fail system that was not based upon additional points for such thresholds as the type of unifonns or certain embroidery. Councilmember Chavez requested in the future that when RPF's require re-issue, the Council be provided with the prior RFP infonnation in order to have a better understanding of the process. Additionally, she requested to add a stipulation to refer the proposed four bids to the Public Safety Committee for review in one year. Councilmember Rindone requested that the RFP process begin in the fourth year after commencement so that progress is being made prior to the end of the contract. Deputy Mayor McCann requested that when the towing contract is brought forward to the Safety Committee for review, there be a neutral party who is knowledgeable on the subject to act in an advisory capacity. Councilmember Castaneda asked that the Safety Committee come back with a better analysis of the City's annual costs and recovery, as well as a review of compliance by the proposed towing companies. Page II - Council Minutes June 13.2006 ACTION ITEMS (Continued) ACTION: Mayor Padilla then offered Resolution Nos. 2006-183 and 2006-184, as amended to include a provision that the review process of the five-year towing services contract would commence at the end of the fourth year, headings read, texts waived: A. RESOLUTION NO. 2006-183, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING PROPOSALS AND AWARDING CONTRACTS FOR POLICE INITIATED TOWING AND STORAGE SERVICES B. RESOLUTION NO. 2006-184, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE POLICE INITIATED TOWING SERVICE RATE SCHEDULE, ELIMINATING THE TOW REFERRAL FEE AND IMPLEMENTING A TOW LICENSE FEE, AND AUTHORIZING THE POLICE DEPARTMENT TO MAKE ANNUAL CHANGES TO THE POLICE INITIATED TOWING SERVICE RATE SCHEDULE The motion carried 5-0. OTHER BUSINESS 15. CITY MANAGER'S REPORTS Interim City Manager Thomson reminded everyone of the joint City Council/Planning Commission/Growth Management Oversight Commission workshop on June 15,2006 at 6:00 p.m. at the John Lippitt Center, 1800 Maxwell Road, Chula Vista. · Discussion regarding the status of the Jade Bay Mobilehome Park bankruptcy proceedings. (Assistant City Manager Smith) Assistant City Manager Smith provided an update on the Jade Bay Mobilehome Park bankruptcy issue, stating that staff attended the meeting of the park residents at which the residents learned their role in the bankruptcy process, and they felt it was very helpful. She stated that the two major concerns of the residents are: I) Residents who are on fixed incomes and live in old coaches that would be difficult to move; and, from a public policy perspective, 2) Should the park close; how would the people be relocated; and whose responsibility would it be to relocate them? Under current law and City ordinance, which may not be permissible under bankruptcy, there are some provisions for monetary assistance and relocation that are the responsibility of the park owner. Staff is concerned that this responsibility may shift to the City in some way, and therefore feels that the City may have a minor role to play in bankruptcy from a public policy perspective by addressing the court to make some assurances that relocation is taken care of throughout the bankruptcy proceedings, and should the park close, that some of the burden is shifted to the park owner, and not to the public agencies, to support the people who are there. Ms. Smith stated that staff has assured the park residents that they will be monitoring the matter and would return on June 22nd. She asked the Council to consider that the City has a role to play on the issue. Councilmember Rindone believed that it was appropriate that the park owner be held responsible for relocation assistance to park residents, and he looked forward to receiving further information. Page 12 - Council Minutes June 13.2006 OTHER BUSINESS (Continued) ACTION: Councilmember Rindone moved to direct the City Attorney's Office to retain outside counsel to represent the City in the bankruptcy proceedings, commencing on June 15, 2006. Mayor Padilla seconded the motion, and it carried 5-0. 16. MAYOR'S REPORTS . Ratification of appointment of Jeff Justus to the Design Review Commission. ACTION: Mayor Padilla moved to appoint Jeff Justus to the Design Review Commission. Councilmember McCann seconded the motion, and it carried 5-0. 17. COUNCIL COMMENTS Deputy Mayor McCann thanked and congratulated all those who participated in the recent Salt Creek Park grand opening. Councilmember Chavez reminded staff of the referral she made regarding the Championship Off-Road Racing (CORR) event last month. Interim City Manager Thomson responded that staff would be agendizing the request. CLOSED SESSION Closed Session was cancelled, and the following items were not discussed: 18. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) One Case 19. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) One Case 20. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Reyes v City ofChula Vista (USDC 05 CV 2309) ADJOURNMENT At 9:44 p.m., Mayor Padilla adjourned the meeting to the Adjourned Regular Meeting of June 15, 2006 and thence to the Regular Meeting on June 20, 2006 at 6:00 p.m. in the Council Chambers. --- ---- Lorraine Bennett, Deputy City Clerk Page 13 - Council Minutes June 13.2006