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HomeMy WebLinkAbout2002 01-22 CC MINBook 84/Page 11 1/22/02 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA JANUARY 22, 2002 The Adjourned Regular Meeting of the City Council of the City of National City was called to order at 6:08 p.m. by Mayor Waters. ROLL CALL Councilmembers present: Beauchamp, Inzunza, Morrison, Zarate, Waters. Administrative officials present: Dalla, DiCerchio, Eiser, Kimble, Matienzo, McCabe, Morse, Myers, Post. Pledge of Allegiance to the flag led by City Manager Tom G. McCabe, followed by the Invocation by Councilmember Beauchamp. APPROVAL OF MINUTES Motion by Zarate, seconded by Morrison, the Minutes of the Adjourned Regular Meeting of January 8, 2002, be approved. Carried by unanimous vote. MAYOR'S PRESENTATION NEW EMPLOYEE INTRODUCTION PROGRAM (604-2-2) Mayor Waters requested that Police Chief DeCerchio introduce his new employee, Juan Sandoval / Police Officer. Mr. Sandoval stood and was recognized by those present. Mayor Waters also requested that Burt Myers introduce his new employee, Ruben Huerta / Equipment Mechanic. Mr. Huerta stood and was recognized by those present. Book 84/Page 12 1/22/02 PUBLIC HEARING UNDERGROUND UTILITY DISTRICT 23 ADMIN (904-1-9) 1. Public Hearing: To determine whether the public health, safety or welfare require the formation of Underground Utility District No. 23 on 8th Street from I-5 to National City Blvd. and Roosevelt Avenue from 8th Street to Plaza Boulevard. (Planning). Note: Notice of Public Hearing and Proof of Publication are on file in the Office of the City Clerk. RECOMMENDATION: None. TESTIMONY: None. ACTION: The hearing was closed. PUBLIC HEARING NATIONAL CITY MUNICIPAL CODE 2002 (506-2-17) 2. Public Hearing: Amendment to Title 18 of the National City Municipal Code regarding housing programs, including transitional housing and emergency shelters, density bonus provisions, second units, other affordable housing incentives and related definitions (Case File No. A-2002-1). (Planning). Note: Notice of Public Hearing and Proof of Publication are on file in the Office of the City Clerk. RECOMMENDATION: Approve the proposed amendment. TESTIMONY: None. ACTION: The hearing was closed. CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item Nos. 3 through 6 (Resolution Nos. 2002-7 through 2002-10), Item Nos. 7 through 9 (Warrant Registers), and Item No. 10 (Consolidated Cash and Investment Report). Motion by Morrison, seconded by Beauchamp, the Consent Calendar be approved. Carried by unanimous vote. CONTRACT (C2002-2) 3. Resolution No. 2002-7. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY Book 84/Page 13 1/22/02 CONSENT CALENDAR (cont.) CONTRACT (C2002-2) OF NATIONAL CITY AND THE COUNTY OF SAN DIEGO FOR MAIL PROCESSING SERVICES." (City Clerk) ACTION: Adopted. See above. CONDITIONAL USE PERMITS 2002 (403-17-1) 4. Resolution No. 2002-8. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR A CHURCH AT 1341 E. 8TH STREET, SUITE B (APPLICANT: REVIVAL LIGHTHOUSE CHURCH) (CASE FILE NO. CUP-2001-17)." (Planning) ACTION: Adopted. See above. CONDITIONAL USE PERMITS 2002 (403-17-1) 5. Resolution No. 2002-9. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT AN ADULT DAY HEALTH CARE CENTER AT 540 NATIONAL CITY BOULEVARD (APPLICANT: SABAH ABRO) (CASE FILE NO. CUP-2001-14)." (Planning) ACTION: Adopted. See above. CONTRACT (C2002-3) 6. Resolution No. 2002-10. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DISPENSING WITH THE BIDDING PROCESS AND AUTHORIZING THE MAYOR TO EXECUTE THREE AGREEMENTS WITH HONEYWELL, INC. TO MODERNIZE THE HEATING, VENTILATION AND AIR CONDITIONING SYSTEM IN THE CIVIC CENTER." (Public Works / Engineering) ACTION: Adopted. See above. WARRANT REGISTER (202-1-16) 7. Warrant Register No. 27. Ratification of Demands in the amount of $251,731.37. (Finance) ACTION: Approved. See above. Book 84/Page 14 1/22/02 CONSENT CALENDAR (cont.) WARRANT REGISTER (202-1-16) 8. Warrant Register No. 28. Ratification of Demands in the amount of $969,552.03. (Finance) ACTION: Approved. See above. WARRANT REGISTER (202-1-16) 9. Warrant Register No. 29. Ratification of Demands in the amount of $489,537.54. (Finance) ACTION: Approved. See above. FINANCIAL MANAGEMENT 2001 (204-1-16) 10. SUBJECT: Consolidated Cash and Investment Report as of August 31, 2001. (Finance) ACTION: Accepted and filed. See above. ORDINANCE FOR INTRODUCTION Motion by Morrison, seconded by Zarate, the Ordinance be introduced by title only. The motion was withdrawn. NATIONAL CITY MUNICIPAL CODE 2002 (506-2-17) 11. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 4 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 4.32 RELATING TO TRANSIENT OCCUPANCY TAX, AND AMENDING TITLE 18, CHAPTER 18.04 RELATING TO DEFINITIONS OF "TRANSIENT." (City Attorney) RECOMMENDATION: Staff recommended the Ordinance be referred back to staff and to the Planning Commission. TESTIMONY: Cheryl Cox, 641 Windsor Circle, Chula Vista, spoke in favor of staff recommendation. ACTION: Motion by Zarate, seconded by Inzunza, to accept as a report and approve staff recommendation. Carried by unanimous vote. Book 84/Page 15 1/22/02 NEW BUSINESS CONDITIONAL USE PERMITS 2002 (403-17-1) 12. SUBJECT: Notice of Decision — Conditional Use Permit for a wireless communications facility at 303 Palm Avenue. (Applicant: Sprint PCS) (Case File No. CUP-2001-10). (Planning) RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended that the Notice of Decision be filed. TESTIMONY: None. ACTION: Accepted and filed. CONDITIONAL USE PERMITS 2002 (403-17-1) 13. SUBJECT: Notice of Decision — Conditional Use Permit for a wireless communications facility at 700 National City Boulevard. (Applicant: Skytel Corporation) (Case File No. CUP-2000-30). (Planning) RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended that the Notice of Decision be filed. TESTIMONY: None. ACTION: Accepted and filed. CONDITIONAL USE PERMITS 2002 (403-17-1) 14. SUBJECT: Notice of Decision — Conditional Use Permit for the sale of alcohol for onsite consumption at 1401 Highland Avenue. (Applicant: James Rushing for VFW Post 4630) (Case File No. CUP- 2001-19) (Planning) RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended that the Notice of Decision be filed. TESTIMONY: Steve Engel, 4096 Coleman Ave., San Diego, spoke on behalf of the VFW and responded to questions. Jeannette Velasquez, 304 W. 18th St., representing the ATOD (Alcohol, Tobacco and Other Drugs) Prevention Task Force, suggested that the service personnel from the VFW attend a Responsible Beverage Service Training seminar Book 84/Page 16 1/22/02 NEW BUSINESS (cont.) CONDITIONAL USE PERMITS 2002 (403-17-1) ACTION: A representative from the VFW informally agreed that the VFW would participate in the suggested training. Motion by Inzunza, seconded by Zarate, to approve. Carried by the following vote, to -wit: Ayes: Inzunza, Morrison, Zarate. Nays: None. Abstain: Beauchamp, Waters. Absent: None. Mayor Waters stated the reason for his abstention is that he owns property near the proposed facility. Councilman Beauchamp stated the reason for his abstention is that he is a member of the VFW. Mayor Waters asked to bring an item on to the Agenda, titled "Hinkle Report", to allow Mr Hinkle's representative to report on the actions taken relative to the Hinkle property. ACTION: Motion by Morrison, seconded by Zarate, to bring the item on to the Agenda. Carried by the following vote, to - wit: Ayes: Inzunza, Morrison, Zarate, Waters. Nays: None. Abstain: Beauchamp. Absent: None. 14a. SUBJECT: Report: Progress Report on the Hinkle Property. TESTIMONY: Jerry Gaughan, Mountain View Development and Engineering, reviewed the steps that have been taken or are in process regarding the Hinkle property on Ranger Rd. ACTION: No action taken. CITY MANAGER. No Report. CITY ATTORNEY. No Report. OTHER STAFF. Finance Director Marylou Matienzo introduced Marjorie Fleming, Senior Vice President of Data Ticket. Ms. Fleming provided information on the traffic citation delinquency notice computer problem that occurred in December, apologized to the Council, and outlined the steps taken to rectify the problem. Book 84/Page 17 1/22/02 Item No. 16 was taken up next 16. Healthy Cities Presentation — Councilman Beauchamp Councilman Beauchamp inquired if the Council would like to have the Healthy Cities information in a workshop or a presentation before the Council. The consensus was to start with a presentation. MAYOR Mayor Waters read a letter from National School District Superintendent, Dr. George Cameron, thanking the City Council for the crosswalk and warning signal installed on Division St. CITY COUNCIL 15. Discussion of Police Community Task Force — Vice Mayor Inzunza Vice Mayor Inzunza distributed and read into the record a memo outlining a proposal dealing with Community Police Relations and creation of a task force to look into the issue and report back to the Council. Terry Hanks, 1104 Palm Ave., spoke against the task force and encouraged the Council to implement the will of the people reflected in the initiative petition to create an independent citizens police review board. Benjamin Prado, no address given, from the Raza Rights Coalition, spoke in favor of an independent police review board. Christian Ramirez, 1129 G St., San Diego, from the American Friends Service Committee, presented their own proposal to create a seven member civilian police review board and requested that it be reviewed by any task force created by the City Council. Guillermo Velasquez, 986 5th Ave., Chula Vista, related his experience with National City police. Laverne Mitchel, 308 E. 22"d St., related personal experiences she and her family have had with the National City police and expressed support for a citizens review board. Book 84/Page 18 1/22/02 CITY COUNCIL (cont.) Mark Baca, 105 Harbison Ave., spoke in favor of a police review board. Carlos Carrillo, 3421 Eleanor Place, spoke if favor of the task force proposal. Armando Arundis, 2224 N Ave., a member of the Raza Rights Coalition, spoke in favor of a police review board. Roberto Cavada Sr., 20 North `S' Ave., spoke in favor of a police review board. Louise Martin, 1527 E 15`h St., spoke against creation of a task force or a police review board. Everett Bobbitt, 8388 Vickers St., San Diego, Attorney representing the National City Police Officers Association, spoke against a police review board. Mrs. Morales, 2110 F Ave., said her son was killed by National City police and she supports a police review board. Olivia Hernandez, I Ave., spoke in favor of a review board. ACTION: Motion by Beauchamp seconded by Inzunza, that we move forward with the task force concept; that each of us select five individuals to present to the Council for approval by a majority of the Council to initiate the task force action to review the issues of the complaints of the process of hiring of the non -biased based policing actions; all those aspects that group believes they need to look at; and that the group be constituted within the parameters....and we need to as we pick those people and vote on them as a Council, try to fit into those different parameters; that is as she pointed out Christian Ramirez is, I don't know where he lives, I just assume he doesn't live in National City, but he might; if he were to live outside he is an acceptable candidate within a certain per portion of that based on the Book 84/Page 19 1/22/02 CITY COUNCIL (cont.) 25-member group here with at least 18 members being residents and no more than six be public safety appointees. So that would be my motion that we do that and that those people that want to be, approach us and see if we would `sponsor' them and see if we would bring forward their nomination within our allocation. And continuing with my motion; that we retain the services of a consensus organization to work with the task force within the time constraints if the task force believes they are going to target to the Council a ballot action, so that task force understands and that if they, as a task force, believe that they can not have enough time by their own inertia and this organization that they create by themselves, that we know that and we say okay; lets take the pressure off them, next cycle of the election will be something. It's too rushed, we don't have time, so that the consensus organization would work with them and look at that aspect of it.....and to encourage the chief to continue on this point number two, to continue the work that he and the other chiefs are already doing and report back to both the group and to us as activities are brought forward. (The names are to come back by the next meeting.) Carried by unanimous vote. Councilman Morrison inquired about the scheduling of the workshop on the fire station project and also requested that the Mills Act be placed on the next agenda. PUBLIC ORAL COMMUNICATIONS Bernie Levy, 4233 Chamoune Avenue, Apt 325, San Diego, asked the Council to support Terry Hanks and pay his legal expenses. CLOSED SESSIONS Conference with Legal Counsel — Existing Litigation - Government Code Section 54956.9(a) Building Industry Association of San Diego County, et al. v. State Water Resources Control Board, et al. (City of National City, Real Parties in Interest), Superior Court Case No. GIC 780263. Book 84/Page 20 1/22/02 CLOSED SESSIONS (cont.) Conference with Labor Negotiators - Government Code Section 54957.6 Agency Negotiators: Roger DeFratis, Randy Kimble Employee Organization: National City Firefighters' Association Motion by Morrison, seconded by Zarate, to go into closed session. Carried by unanimous vote. Members left the chamber at 8:30 p.m. ADJOURNMENT The meeting was adjourned to the Next Regular Meeting of the City Council of the City of National City, Tuesday, February 5, 2002, at 6:00 p.m., Council Chambers, Civic Center. t//4)A f CIT CLERK The foregoing minutes were approved at the Adjourned Regular Meeting of February 5, 2002. Ai- %t7 MAYOR CITY OF NATIONAL CITY ALL CITY COUNCIL MEETINGS ARE TAPE-RECORDED. YOU MAY LISTEN TO THE TAPES IN THE CITY CLERK'S OFFICE. COPIES OF THE TAPES MAY BE PURCHASED FROM THE CITY CLERK.