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HomeMy WebLinkAbout2002 07-16 CC MINBook 84/Page 160 7/16/02 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA July 16, 2002 The Regular Meeting of the City Council of the City of National City was called to order at 6:00 p.m. by Mayor Waters. ROLL CALL Councilmembers present: Beauchamp, Inzunza, Morrison, Zarate, Waters. Administrative officials present: Dalla, DiCerchio, Eiser, Matienzo, McCabe, Myers, Post, Trees. 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 Meeting of June 11, 2002, and the Regular Meeting of July 2, 2002, be approved. Carried by unanimous vote. PRESENTATIONS PORT COMMISSION ADMIN (101-18-1) National City Community Police Relations Task Force Report — Collins Strategic Group, Inc. Herman Collins, from the Collins Group, made some brief comments and then introduced Carlos Carrillo, Chairman of the National City Community Police Relations Task Force. Carlos Carrillo, Chairman of the National City Community Police Relations Task Force, moderated a slide presentation that explained the mission statement, structure, organization, and deliberations of the Task Force. Mr. Carrillo then reviewed the principal finding of the task force "that the need exists for citizen's" oversight of the conduct, practices and policies of the National City Police Department." Based on that finding the task force recommended that "the City Council create an entity through which citizens Book 84/Page 161 7/16/02 PRESENTATIONS (cont.) PORT COMMISSION ADMIN (101-18-1) can oversee and review those practices" and "allow National City citizens the right to vote on whether a civilian oversight entity... shall be established." Mr. Carrillo responded to questions and later expressed disappointment that many critics of the task force findings declined to participate in the process. Bernard Levy, San Diego, spoke in favor of an independent review board with subpoena power. Laverne Mitchell, National City, spoke in favor of an independent review board but against oversight by the Police Chief. Mariam Clerk, Encinitas, spoke in favor of a police review board. Janice Jordan, San Diego, from the Peace and Freedom Party, spoke in favor of an independent elected police review board. Rah-meiz Mitchell, National City, spoke in favor of a review board with subpoena power. Terry Hanks, National City, spoke in favor of a civilian review board with independent powers. Christian Ramirez, National City, representing the American Friends Service Committee and a member of the Task force, spoke in favor of an independent citizens review board. Bonnie Dires, National City, spoke in favor of an independent police review board. Gary Dires, National City, spoke in favor of an independent police review board. Benjamin Prado, San Diego, representing the Raza Rights Coalition, spoke in favor of an independent investigative police review board with subpoena powers. Louise Martin, National City, spoke against a police review board. Lanny Roark, a member of the National City Police Officers Association, said their organization finds common ground with the findings of the Collins Report. Mr. Roark pointed out numerous inaccuracies and corrections that need to be made in the final report. Herman Collins said he welcomed the opportunity to correct any inaccuracies of what was reported to the Task Force in the final report. Book 84/Page 162 7/16/02 PRESENTATIONS (cont.) PORT COMMISSION ADMIN (101-18-1) ACTION: Motion by Inzunza, seconded by Morrison, to accept the findings and report of the Collins Group and the public testimony that was offered and allow the Collins Group to make necessary corrections to the final consultants report. Carried by unanimous vote. Motion by Beauchamp, seconded by Morrison, to direct the City Attorney to create a simplified ballot text for an advisory measure and bring it back at the next meeting. Carried by unanimous vote. The meeting was recessed at 7:50 p.m. The meeting reconvened at 8:05 p.m. All members were present. CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item Nos. 1 through 8 (Resolution Nos. 2002-99 through 2002-106), Item Nos. 9 and 10 (Warrant Registers), and Item No. 11 (Claim for Damages). Motion by Beauchamp, seconded by Zarate, the Consent Calendar be approved, and the Claim for Damages be denied. Carried by unanimous vote. CONTRACT (C2002-33) 1. Resolution No. 2002-99. A "RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL CITY OF NATIONAL CITY." (Personnel) ACTION: Adopted. See above. CONTRACT (C2002-34) 2. Resolution No. 2002-100. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO NEW CENTURY CONSTRUCTION, INC. FOR THE KIMBALL PARK PONY LEAGUE BALL FIELD IMPROVEMENTS (SPEC. NO. 01-4)." (Engineering) ACTION: Adopted. See above. Book 84/Page 163 7/16/02 CONSENT CALENDAR (cont.) CONTRACT (C2002-35) 3. Resolution No. 2002-101. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO HMS CONSTRUCTION, INC. FOR THE TRAFFIC SIGNAL INTERCONNECT PROJECT ON 30TH STREET/EUCLID AVENUE (SPEC. No. 99-14)." (Public Works / Engineering) ACTION: Adopted. See above. DEEDS AND EASEMENTS (D2002-2) 4. Resolution No. 2002-102. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE CONVEYANCE AND AUTHORIZING THE RECORDATION OF THE EASEMENT DOCUMENT FOR STREET PURPOSES, AND AUTHORIZING THE NAMING OF A PARCEL OF LAND ON THE CORNER OF 24TH STREET AND GROVE STREET." (Engineering) ACTION: Adopted. See above. CONTRACT (C2002-36) 5. Resolution No. 2002-103. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE SAN DIEGO UNIFIED PORT DISTRICT FOR POLICE AND FIRE SERVICES." (Finance) ACTION: Adopted. See above. COMM DEV / LANDSCAPE DIST NO. 1 (MILE OF CARS) (406-2-8) 6. Resolution No. 2002-104. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY INITIATING PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS AND ORDERING THE PREPARATION OF AN ENGINEER'S "REPORT" FOR A SPECIAL MAINTENANCE DISTRICT." (Community Development Commission) ACTION: Adopted. See above. Book 84/Page 164 7/16/02 CONSENT CALENDAR (cont.) COMM DEV / LANDSCAPE DIST NO. 1 (MILE OF CARS) (406-2-8) 7. Resolution No. 2002-105. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE ASSESSMENT ENGINEER'S REPORT FOR PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN A SPECIAL MAINTENANCE DISTRICT." (Community Development Commission) ACTION: Adopted. See above. COMM DEV / LANDSCAPE DIST NO. 1 (MILE OF CARS) (406-2-8) 8. Resolution No. 2002-106. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING ITS IN1ENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS IN A SPECIAL MAINTENANCE DISTRICT, AND SETTING A TIME AND PLACE FOR PUBLIC MEETING AND PUBLIC HEARING THEREON." (Community Development Commission) ACTION: Adopted. See above. WARRANT REGISTERS 2002 (202-1-16) 9. Warrant Register No. 01. Ratification of Demands in the amount of $416,343.29. (Finance) ACTION: Ratified. See above. WARRANT REGISTERS 2002 (202-1-16) 10. Warrant Register No. 02. Ratification of Demands in the amount of $1,010,289.22 (Finance) ACTION: Ratified. See above. CLAIMS (501-1-146) 11. SUBJECT: Claim for Damages: Alejo Able Macareno-Fuentes. (City Clerk) ACTION: Denied. See above. Book 84/Page 165 7/16/02 NON CONSENT RESOLUTION COMMUNITY PROMOTION (102-1-3) 12. Resolution No. 2002-107. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL SUPPORTING AB 2095 (KEHOE) AND SB 1703 (PEACE)." (City Attorney) ACTION: Motion by Beauchamp, seconded by Zarate, to adopt the Resolution. Carried by unanimous vote. ORDINANCES FOR INTRODUCTION Motion by Beauchamp, seconded by Zarate, the Ordinance be introduced by title only. Carried by unanimous vote. NATIONAL CITY MUNICIPAL CODE (506-2-17) 13. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 6 OF THE NATIONAL CITY MUNICIPAL CODE BY REPEALING CHAPTERS 6.26 (CARDROOMS), 6.28 (CARNIVALS, CIRCUSES AND SHOWS), 6.36 (ESCORT SERVICES), 6.41 (GAMES OF CHANCE), 6.42 (BINGO), 6.43 (LIVE ENTERTAINMENT), 6.50 (MASSAGE ESTABLISHMENTS) AND 6.58 (PEEP SHOWS), AND AMENDING TITLE 10 BY AMENDING CHAPTER 10.26 TO PROHIBIT CARDROOMS, AND ADDING DIVISION X AND CHAPTERS 10.70 THROUGH 10.79 RELATING TO POLICE REGULATED BUSINESSES." (City Attorney) 14. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM." (City Attorney) Vice Mayor Inzunza left the Chamber at 8:11 p.m. Book 84/Page 166 7/16/02 ORDINANCES FOR INTRODUCTION (cont.) NATIONAL CITY MUNICIPAL CODE (506-2-17) 15. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTER 13.12 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO ENCROACHMENT PERMITS FOR INSTALLATION, MAINTENANCE AND REMOVAL OF FACILITIES IN STREETS, RIGHTS -OF -WAY AND OTHER PUBLIC PROPERTY." (City Attorney) ACTION: Motion by Morrison, seconded by Beauchamp, to continue this item to the next meeting. Carried by unanimous vote. Absent: Inzunza. NEW BUSINESS CONDITIONAL USE PERMITS 2002 (403-17-1) 16. SUBJECT: Notice of Decision — Conditional Use Permit for a pawn shop in the Highland Plaza Shopping Center at 1050 Highland Avenue, Suite E. (Applicant: Nigal, Inc./Express Financial Services) (Case Fie No.: CUP-2002-12). (Planning) RECOMMENDATION: Staff recommended that the item be set for public hearing. TESTIMONY: Isreal Adato, representing the applicant, spoke in favor of the CUP. ACTION: Motion by Waters, seconded by Beauchamp, the item be set for Public Hearing August 6, 2002. Carried by unanimous vote. Absent: Inzunza. CONDITIONAL USE PERMITS 2002 (403-17-1) 17. SUBJECT: Notice of Decision - Conditional Use Permit for the sale of beer and wine in a market at 1539 E. 8th Street. (Applicant: Victor's Groceries, Inc.) (Case File No.: CUP- 2002-7). (Planning) RECOMMENDATION: Staff recommended the Notice of Decision be filed. TESTIMONY: None. ACTION: Filed Book 84/Page 167 7/16/02 NEW BUSINESS (cont.) TEMPORARY USE PERMITS 2002 (203-1-18) 18. SUBJECT: Temporary Use Permit — National City Library Celebrates Literacy and Reading is Fundamental Book Giveaway/Chili Cook Off. (Building & Safety) RECOMMENDATION: Staff recommended approval of the TUP subject to compliance with all conditions of approval and grant the waiver of fees. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Zarate, in favor of staffs recommendation. Carried by unanimous vote. Absent: Inzunza. TEMPORARY USE PERMITS 2002 (203-1-18) 19. SUBJECT: Temporary Use Permit — Kiwanis Club of Sweetwater Carnival. (Building & Safety) RECOMMENDATION: Staff recommended approval subject to compliance with all conditions of approval and approve the waiver of all fees. TESTIMONY: Larry Tagle, representing Sweetwater Kiwanis, wanted to publicly thank Cynthia Kellems from Plaza Bonita for her support of the carnival.. ACTION: Motion by Zarate, seconded by Morrison, the TUP be approved with all recommendations of staff. Carried by unanimous vote. Absent: Inzunza. TEMPORARY USE PERMITS 2002 (203-1-18) 20. SUBJECT: Temporary Use Permit — McCune Motors — Used Vehicle Tent Sale. (Building & Safety) RECOMMENDATION: Staff recommended approval subject to compliance with all conditions. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Zarate, the TUP be approved with all recommendations of staff. Carried by unanimous vote. Absent: Inzunza. Book 84/Page 168 7/16/02 CITY MANAGER. No Report. CITY ATTORNEY. No Report. OTHER STAFF Police Chief Skip DiCerchio stated that a citizens review board is not an adversarial issue. Neither he nor the Police Department is opposed to civilian review. The Police Department will cooperate one hundred percent with whatever the Council creates; welcomes such review and believes such action will bring the community closer to the Police Department. They endorse the idea of citizens' review of policies and procedures because it will probably make National City a better place. MAYOR. No Report. Vice Mayor Inzunza returned at 8:20 p.m. CITY COUNCIL NATIONAL CITY COMMUNITY CENTER (1101-5-1) 21. SUBJECT: Request to use the Community Center and waiver of fees by National City Adult School for a Job Fair, Culinary Arts and Cake Decoration Exhibition. (Councilmember Inzunza) ACTION: Motion by Inzunza, seconded by Morrison to approve the request. Carried by unanimous vote. Councilman Morrison provided an update on the prospects for State Finance Reform and the possible negative impact it may have on National City. PUBLIC ORAL COMMUNICATIONS — None. CLOSED SESSIONS CONFERENCE WITH LEGAL COUNSEL — Existing Litigation Government Code Section 54956.9 (a) The Copley Press, Inc. v. Superior Court (City of National City) SDSC Case No. B157259 Book 84/Page 169 7/16/02 CLOSED SESSIONS (cont.) CONFERENCE WITH LABOR NEGOTIATORS — Government Code Section 54957.6 Agency designated representative: Councilman Morrison Unrepresented employees: Assistant City Manager, City Attorney, City Librarian, City Manager, Director of Building & Safety, Director of Finance, Director of Parks & Recreation, Director of Personnel, Director of Planning, Director of PW/City Engineer, Fire Chief, Police Chief, Records Management Officer, Senior Assistant City Attorney, Assistant Director of PW/Engineering, Battalion Chief, Equipment Maintenance Supervisor, Facilities Maintenance Supervisor, Financial Services Officer, Management Analyst II, Management Analyst III, Management Information Systems Manager, Park Superintendent, Plan Check Engineer, Police Captain, Police Support Services Manager, Principal Librarian, Principal Planner, Purchasing Agent, Risk Manager, Senior Accountant, Street Maintenance Supervisor, Wastewater Supervisor, Management Information Systems Technician II, Management Information Systems Technician I, Executive Assistant IV, Executive Assistant III, Executive Assistant II, Payroll Technician, Executive Assistant I. CONFERENCE WITH LABOR NEGOTIATORS — Government Code Section 54957.6 Agency Negotiators: Roger DeFratis, Captain Craig Short Employee Organization: Police Officers' Association CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION — Government Code Section 54956.9 (a) Claim: Alejo Able Macareno-Fuentes ACTION: Motion by Beauchamp, seconded by Zarate, to go into closed session. Carried by unanimous vote. Councilmembers left the Chamber at 8:25 p.m. Book 84/Page 170 7/16/02 ADJOURNMENT The meeting was adjourned to the Next Regular Meeting of the City Council of the City of National City, Tuesday, August 6, 2002, at 6:00 p.m., Council Chambers, Civic Center. The foregoing minutes were approved at the Regular Meeting of August 6, 2002. 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.