HomeMy WebLinkAbout1983 08-23 CC MINBook 63
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MINUTES OF THE REGULAR MEETING OF THE CITY COUNCUL
OF THE CITY OF NATIONAL CITY, CALIFORNIA
AUGUST 23, 1983
The regular meeting of the City Council of the City of National City
was called to order at 7:00 p.m. by Mayor Morgan.
ROLL CALL
Council members present: Camacho, Dalla, Van Deventer, Waters, Morgan.
Absent: None. Administrative officials present: Benzing, Bolint,
Campbell, McCabe, McLean.
SALUTE TO THE FLAG AND INVOCATION
The meeting was opened with salute to the flag led by City Manager
McCabe followed with invocation by City Manager McCabe.
APPROVAL OF MINUTES
Moved by Camacho, seconded by Van Deventer, the minutes of the regular
meeting of August 16, 1983 be approved. Carried by unanimous vote.
PROCLAMATIONS
Moved by Van Deventer, seconded by Camacho, the Proclamations be read by
title only. Carried by unanimous vote.
The Mayor's proposed "LABOR DAY PROCLAMATION HONORING WORKING PEOPLE OF
NATIONAL CITY." was read by title. Moved by Camacho, seconded by
Van Deventer, in favor of this Proclamation. Carried by unanimous vote.
Mayor Morgan presented the Proclamation to a representative of the San
Diego Labor Council.
The Mayor's proposed Proclamation "PROCLAIMING THE YEAR OF 1983 TO BE
THE 100TH ANNIVERSARY OF SUCCESSFUL, CONTROLLED, WINGED FLIGHT" was
read by title. Moved by Camacho, seconded by Van Deventer, in favor of
this Proclamation. Carried by unanimous vote. This Proclamation to be
mailed to the San Ysidro Chamber of Commerce.
PUBLIC ORAL COMMUNICATIONS
None
ADOPTION OF RESOLUTIONS
Moved by Camacho, seconded by Van Deventer, the Resolutions be presented
by title only. Carried by unanimous vote,
Resolution No. 14,126,, "RESOLUTION ESTABLISHING NO STOPPING ANY TIME
ZONES ON THE EAST AND WEST SIDES OF PALM AVENUE FROM 7TH STREET TO
50-FEET NORTHERLY, THE EAST AND WEST SIDES OF 'A' AVENUE FROM PLAZA
BOULEVARD TO 11TH STREET EXCLUDING PARKING BAYS AND THE EAST SIDE OF
PALM AVENUE FROM 300-FEET SOUTH OF DIVISION STREET TO 750-FEET SOUTH OF
DIVISION STREET, ALL WITHIN THE CITY OF NATIONAL CITY." Moved by
Van Deventer, seconded by Camacho, Resolution No. 14,126 be adopted.
Discussion. Carried by unanimous vote.
Resolution No. 14,127, "RESOLUTION ESTABLISHING AN ON -STREET HANDICAPPED
PARKING SPACE AT 1039 'C' AVENUE AND AT 110 E. 17TH STREET, ALL WITHIN
THE CITY OF NATIONAL CITY." Moved by Van Deventer, seconded by Camacho,
Resolution No. 14,127 be adopted. Discussion. Carried by unanimous
vote.
Resolution No. 14,128, "RESOLUTION AUTHORIZING A BUDGET AMENDMENT FOR
GOLF COURSE DRAIN CLEANING." Moved by Van Deventer, seconded by
Camacho, Resolution No. 14,128 be adopted. Carried by unanimous vote.
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Resolution No. 14,129, "RESOLUTION REGARDING CATV FRANCHISING AND
RENEWAL." Moved by Van Deventer, seconded by Dalla, Resolution No.
14,129 be adopted. Discussion. Carried by unanimous vote.
NEW BUSINESS
The City Treasurer/Finance Director's request for RATIFICATION of
WARRANT REGISTER NO. 7, dated August 16, 1983, in the amount of
$49,244.19 (Warrants Nos. 80974 through 81055 [80974 voided]) was
presented. Moved by Waters, seconded by Dalla, the bills be paid and
warrants drawn. Carried, by the following vote, to -wit: Ayes:
Camacho, Dalla, Van Deventer, Waters, Morgan. Nays: None.
The City Treasurer/Finance Director's CONSOLIDATED CASH REPORT for the
period ending June 30, 1983 was presented. Ordered filed by unanimous
vote.
National City Transit's report on NEW BUS PURCHASE (... the purchase of
5 new 30-foot, heavy-duty buses from Blue Bird Body Company; buses will
be air-conditioned and equipped with wheelchair lifts; delivery is
expected in mid -November; total price for each bus is $100,997 and will
be paid for from National City's Capital Reserve of TDA funds; the
General Fund is not involved) was presented. BOB ARTHUR, National City
Transit, was present to answer Council's questions. Discussion re
disposition of the old buses. Vice Mayor Dalla emphasized that funds
for the new buses will come from TDA funds and not the General Fund.
Moved by Van Deventer, seconded by Dalla, the report be filed. Carried
by unanimous vote. Mayor Morgan said the people who work for NCT have
found out what the people want, and are doing a great job.
National City Transit's report on CHARTER POLICY for NATIONAL CITY
TRANSIT (AB 1971 requires that all charter bus services performed by an
operator receiving TDA funds shall contribute financially to the
reduction of deficits incurred in the operation of scheduled route
service; in light of this law and some recent requests for charter
service in National City, it is felt that criteria should be established
to determine if and when a charter will be operated and what fees will
be charged) was presented. Moved by Waters, seconded by Van Deventer,
the report be approved. Discussion. Carried by unanimous vote.
The City Engineer's report on the August 10, 1983 MEETING of the TRAFFIC
SAFETY COMMITTEE was presented. Ordered filed by unanimous vote.
POLICE CHIEF HART was present and reported on his investigation of the
Chicano Federation allegations of police brutality (See Document No.
69259), saying Council had directed him to investigate each and every
accusation and to report his findings and recommendations; the report
is in three parts: first, a brief accounting of correspondence and
meetings with Mr. Martinez (Chicano Federation) that started several
months before Mr. Martinez received any complaints against any National
City officers, and several months before he felt it was necessary to
make any public statements; the purpose of this part of the report is to
illustrate that we were more than willing to discuss the issue of
Citizens Complaints with Mr. Martinez almost one year ago, but he
failed to contact us; the second part of the report addresses the
actual complaints filed with the Police Department by Mr. Martinez; and
the third part of the report addresses the Citizens Complaint process
and announces the changes to be made in that process. Chief Hart said
in part that each and every complaint had been investigated and was
found to be without merit -- basically extreme exaggerations of the
officers' actions and complete denials of any wrongdoing by the
complainants; most of the complaints were generated out of arrest
situations wherein police officers were arresting or attempting to
arrest the complainant; most of the complaints allege the use of
excessive force by the officers; most of them did involve force -- force
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that was necessary because of resistance and/or force used by the
complainants against the officers in attempts to block the officer from
completing his duties. Chief Hart gave specifics of some of the
complaints: one complainant has been arrested about 60 times, arrested
by 7-8 different law enforcement agencies, he has spent 10-12 years in
some form of custody; another complainant recently pled guilty to the
charges for which he was arrested and never once raised as a defense
any question of the officer's conduct; another complainant who claimed
the police used excessive force during his arrest for drunkenness was
recently arrested and charged with attempted murder when he and several
other suspects dragged another Mexican -American out of his house at
night and tried to stab him to death, this arrestee has a history of
violence, etc. Chief Hart said the Chicano Federation is a credible and
necessary social service in this area ... they have a legitimate and
necessary role in the community ... that is not to say that their
reputation and influence cannot be misused by people attempting to avoid
being held responsible for their actions ... it was made easier and more
convenient when Mr. Martinez stepped outside his role as a communication
link to the police and started publicly advocating for each complainant
by publicly accusing officers of using excessive and brutal force
against Hispanics; if Mr. Martinez is wrong in these situations, he has
to have the courage and personal integrity to admit it and offer
something to bind the wound. Mr. Martinez was present in the audience
but did not speak. JESS HARO, Chairman of the Board, Chicano Federation,
was present and said he would not have used the words Mr. Martinez used;
the majority of the people in this community support the Police Dept.;
Mr. Martinez is sympathetic to the problems of the Chicanos, but wants
to establish a good relationship with the Police Dept.; he wants to
see a complaint process established; the Chicano Federation needs to
maintain an objectivity in these matters; they want people to submit
their complaints exactly as they remember it; if a person has a spotless
record, or a record of crime, they have a right to file a complaint and
have it investigated. Mayor Morgan asked the City Manager to meet with
Mr. Haro and Chief Hart and work on this. EDDIE PEREZ, 542 'Q' Ave.,
was present and said he has been a resident of National City for 30
years and is currently working with a group of youths on the West side;
many citizens in National City do not file their complaints with the
Police Dept. because Chief Hart said all their allegations are false;
Chief Hart attacked,,,the credibility of a member of the Chicano
Federation; if citizens are involved in illegal activities, it should
be addressed in the proper way; they should not be arrested in an
improper way; the Chicano Federation and the Police Dept. should work
together; sometimes people hide behind their race, but sometimes the
police hide behind their uniforms and badges; the people who came to
Council to speak on police brutality might have been exaggerating, but
he did not think they would lie; if he is ever arrested improperly, he
will act improperly; he will not be manhandled or intimidated.
The CLAIM FOR DAMAGES of ALLSTATE INSURANCE CO., relating to an accident
on June 22, 1983, and filed with the City Clerk on August 15, 1983 was
presented. Moved by Van Deventer, seconded by Dalla, this claim be
denied and referred to the City Attorney. Carried by unanimous vote.
The CLAIM FOR DAMAGES of REYMUNDO ARENAS, arising from an incident on
May 14, 1983, and filed with the City Clerk on August 11, 1983 was
presented. Moved by Van Deventer, seconded by Dalla, this claim be
denied and referred to the City Attorney. Carried by unanimous vote.
The CLAIM FOR DAMAGES of MC KINLEY ASSOCIATES, arising from an incident
on August 9, 1983, and filed with the City Clerk on August 12. 1983 was
presented. Moved by Van Deventer, seconded by Dalla, this claim be
denied and referred to the City Attorney. Carried by unanimous vote.
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The CLAIM FOR DAMAGES of RICHARD WORDEN, JR., resulting from an accident
on June 7, 1983, and filed with the City Clerk on August 16, 1983 was
presented. Moved by Van Deventer, seconded by Dalla, this claim be
denied and referred to the City Attorney. Carried by unanimous vote.
The City Clerk's report on OPENING of SEALED BIDS, REROOFING CIVIC
CENTER, CASA DE SALUD, AND EL TOYON RECREATION CENTER (Two bids were
received: La Quinta Roofing Co., Inc. - $59,568.00; Bagwell & Co. -
$53,000.00) was presented. Ordered filed by unanimous vote.
The City Clerk's report on OPENING of SEALED BIDS, ALLEYS 9 & 12,
Assessment District No. 205 (Two bids were received: T. B. Penick &
Son - $30,434.06; Silver Strand Co. - $26,857.51) was presented.
Ordered filed by unanimous vote.
OTHER BUSINESS
CITY MANAGER - No report.
CITY ATTORNEY - No report.
OTHER STAFF - No reports.
MAYOR - No report.
CITY COUNCIL
Councilman Waters commended staff for getting the "Tow Away" signs
posted in Montgomery Ward parking lot, and said since the signs went
up, the number of cars being offered for sale on the lot has increased
to 17; there are also several people selling merchandise out of cars.
Councilman Waters reported there are ants in the audience portion of
Council Chambers and recommended fumigation.
Councilman Waters spoke of the City of Chula Vista's challenge to a
softball game. Mayor Morgan said we need to challenge them. City
Manager McCabe said up to now, there were only two takers.
Councilman Van Deventer spoke of pending legislation that would allow
the state to review federal funding for local agencies and asked the
City Manager to prepare a letter or resolution in opposition, to be on
the September 6 Council agenda.
Moved by Dalla, seconded by Waters, the shelving in the hall on the
second floor of the Civic Center be moved around the corner.
Discussion. Carried, by the following vote, to -wit: Ayes: Camacho,
Dalla, Van Deventer, Waters. Nays: Morgan.
ADJOURNMENT
Moved by Camacho, seconded by Waters, the meeting be adjourned to
4:00 p.m., September 6, 1983. Carried by unanimous vote. The meeting
closed at 8:10 p.m.
CITY CL
The foregoing minutes were approved at the regular meeting of the City
Council on September 6, 1983.
Corrections No S rections
CITY OF NATIONAL CITY, CALIFORNIA
8/23/83