HomeMy WebLinkAbout1998 11-10 CC AGENDA PKTauk
AGENDA OF A REGULAR MEETING
NATIONAL CITY CITY COUNCIL
COUNCIL CHAMBERS
1243 NATIONAL CITY BOULEVARD
REGULAR MEETING - TUESDAY - NOVEMBER 10, 1998 - 6:00 P.M.
i
OPEN TO THE PUBLIC
PLEASE COMPLETE A REQUEST TO SPEAK FORM PRIOR TO THE
COMMENCEMENT OF THE MEETING AND SUBMIT IT TO
THE CITY CLERK
IT IS THE INTENTION OF YOUR CITY COUNCIL TO BE RECEPTIVE TO YOUR
CONCERNS IN THIS COMMUNITY. YOUR PARTICIPATION IN LOCAL
GOVERNMENT WILL ASSURE A RESPONSIBLE AND EFFICIENT CITY OF
NATIONAL CITY. WE INVITE YOU TO BRING TO THE ATTENTION OF THE CITY
MANAGER ANY MATTER THAT YOU DESIRE THE CITY COUNCIL TO
CONSIDER. WE THANK YOU FOR YOUR PRESENCE AND WISH YOU TO
KNOW THAT WE APPRECIATE YOUR INVOLVEMENT.
ROLL CALL
PLEDGE OF ALLEGIANCE TO THE FLAG BY THE CITY MANAGER, TOM G.
MCCABE
INVOCATION
APPROVAL OF THE MINUTES OF THE REGULAR MEETINGS OF OCTOBER 20,
1998 AND OCTOBER 27, 1998.
COUNCIL AGENDA
11/10/98 Page 2
PUBLIC HEARING
1. Continued Public Hearing: To respond to Coastal Commission staff
recommendations for the Harbor District Specific Area Plan. (Community
Development Commission). '"`Continued from Council meeting of 10/27/98**
CONSENT CALENDAR
Consent Calendar. Consent Calendar items involve matters which are of a routine or
noncontroversial nature. All consent calendar items are adopted by approval of a
single motion by the City Council. Prior to such approval, any item may be removed
from the consent portion of the agenda and separately considered, upon request of a
Councilmember a staff member, or a member of the public.
2. Resolution No. 98-144
Resolution of the City Council of the City of National City establishing a
procedure for industrial disability retirement determinations of local safety
officer employees of the Public Employees Retirement System. (City Attorney)
3. Resolution No. 98-145
Resolution of the City Council of the City of National City amending Resolution
No. 97-88, concerning the extension of the 1994-97 Memorandum of
Understanding between the National City Firefighters' Association and the City
of National City. (Personnel)
4. Resolution No. 98-146
Resolution of the City Council of the City of National City approving a
Memorandum of Understanding between the City of National City and National
City Firefighters' Association for Fiscal Years 1998-99, 1999-2000, 2000-2001.
(Personnel)
COUNCIL AGENDA
11/10/98 Page 3
CONSENT CALENDAR (Cant)
5. Resolution No. 98-147
Resolution of the City Council of the City of National City accepting the work
and authorizing the filing of the Notice of Completion, and approving Change
Order No. 1 for the reroofing of the library. Specification No. 1563. (Building
and Safety)
6. Resolution No. 98-148
Resolution of the City Council of the City of National City authorizing the Mayor
to execute an Agreement by and between the City of National City and Robert
H. Lein to provide services in the Police Department's Property and Evidence
Unit. (Police)
7. WARRANT REGISTER #17 (Finance)
Ratification of Demands in the amount of $284,582.53.
Certification of Payroll in the amount of $494,951.96.
8. WARRANT REGISTER #18 (Finance)
Ratification of Demands in the amount of $223,101.97.
NON CONSENT RESOLUTIONS
9. Resolution No. 98-149
Resolution of the City Council of the City of National City giving notice of
intention to vacate a portion of E. 19th Street, east of Euclid Avenue and west
of Valle Vista Avenue. Case File No. SC-1998-1. (Planning)
COUNCIL AGENDA
11/10/98 Page 4
OLD BUSINESS
10. Report on pool schedule. (Parks & Recreation)
11. Legislative Advocacy. (City Manager)
12. Cablecasting City Council Meetings. (City Manager)
NEW BUSINESS
-* CITY MANAGER
-a CITY ATTORNEY
13. Closed Session Report for October 28, 1998
- OTHER STAFF
-* MAYOR
-> CITY COUNCIL
COUNCIL AGENDA
11/10/98 Page 5
NEW BUSINESS (Cont.)
PUBLIC ORAL COMMUNICATIONS (Five -Minute Time Limit)
NOTE: Pursuant to State Law, items requiring Council action must be brought back
on a subsequent Council agenda unless they are of a demonstrated emergency or
urgent nature.
ADJOURNMENT
Next Regular City Council Meeting — November 17, 1998 — 3:00 p.m. -
Council Chambers, Civic Center.
TAPE RECORDINGS OF EACH CITY COUNCIL MEETING
ARE AVAILABLE FOR SALE AND TO LISTEN TO
IN THE CITY CLERK'S OFFICE
City of National City, California
COUNCIL AGENDA STATEMENT
**Continued from
meeting of 10/2 /98**
. ETING DATE Nove_>:ber 10, 1998
ITEM TITLE PUBLIC HEARLNG: TO RESPOND TO COASTAL COMMISSION S T APA,
RECONLMENDATIONS FOR THE HARBOR DISTRICT SPECII~IC AREA PLAN
COMMUNITY DEVELOPMENT
COMMISSION (CDC)
PREPARED BY
Paui Desrochers -�
Executive Director
EXPLANATION The National City Harbor District Specific Area Plan (Plan) is on the California Coastal Commission
(CCC) agenda for November 5. 1998. This Public Hearing will allow both the public and Council to respond to the Coastal
Commission stafrecommendations (Attachment No. 1) for the Plan and adopt the recommendations in whole or in part ihrough
an amendment. or leave the Plan as originally submitted. Copies of the Coastal Commission report and the Plan have bey made
available to the public at the City Library, CDC office and office of the City Clerk.
No
In accordance with California Coastal Commission noticing requirements. notice
of g list to interestedePublic
licpaHearing
es is on tfitachin ent C . was.
published at Least ten (10) working days prior to the hearing._
Development Commission office and will be available at the hearing.
Procedure:
• Mayor - Opens hearing, asks for staff report on recommendations of the CCC review of the Plan.
• Mayor - Asks for and receives public comment on the CCC Report.
• Mayor - Asks City Clerk if any written responses have been submitted. if so, reads them into the record.
• Mayor - Closes Public Hearing at this time and obtains input from the City Council and asks for Staff recommendations.
• Mayor - Asks for consideration of Resolution, as provided in Item No. 5 of this agenda.
fhe Council may continue this hearing to another date prior to November 5. 1998. in the event that the further=��__estedd
1
AGENDA ITEM NO.
DEPARTMENT
modifications from Coastal Commission staff are anticipated which may warrant Council response and action.
Environmental Review X N/A
Financial Statement
None
Account No.
STAFF RECOMMENDATION
Hold Public HearPriz and ,:onsider Resolution as provided in Item No. 5 of this A«enda.
BOARD / COMMISSION RECOMMENDATION
N;A
ATTACHMENTS ( Listed Below )
Resolution No.
Coaytai i=,=mission Staff Recommendation :or the Harixir Dis rc: Srechic Area Pan
At iia < icc.ion
�r-aNiA - '-E ?EEC.:RCG c.
FCRNIA COASTAL CCMM1SS iCN
;C AREA
-IINO GEL RIC NCRTH, SUITE :CO
yC. CA 3210E-17:I
)26
October =_, 1998
TO: CO`>'C IISSIONERS AND LNTERESTED PERSONS
FROM: DEBCR-xH LEE, SOUTH COAST DEPUTY DIRECTOR
SNFRfYN SARB, DISTRICT MA.NAGER, SAN DOEGO OFFICE
DLL`+-__ LILLY, COASTAL PROGRAM ANALYST, SAN DIEGO O1+r ICE
SLBJECT: ST_-. r RECONEVIENDATION ON MAJOR 4 IEN-DMEN T 1-98B (Harbor
District- Specific Plan) TO THE CITY OF NATIONAL CITY LOCAL
COASTAL PROGRAM (For Public Hearing and Possible Fi:.a: Action at the
Coas-Lai Commission Hearing or November _5, 1998)
SYNOPSIS
SLMIYLARY OF=11ENDMIENT REQUEST
c aT ^;.r"ent s- -=itt� consists oI the Harbor ✓lsu c_ -p i is . -,_:_ = 1. C
T.1- le._ --- Sceci :c Plan ^ is a^_e'. lied.
.neriernentat'_cn er.L "The Harbor District
^e^ta or_ - establishing specific corerration and standard_` =or
pie. - ci
~_e plan area. inc._ is desi^ated Open Space Reserve. Toursi. Commercial_ Mediums
industrial and C-ace The harbor District blab conr%"T1° sr,ecif-ic colicies and
^ -- -_
recuiremenra for
-- :revision and protection of public access. wetland :abit=:
conservation. resource protection_ and the revision oI:ours::.o
recreation and eiat_eO Indus -
The -'arbor consists oI four subareas. all of '.vino n are in :L nb±n \at cnai City
Rece':eiccrn^t` Subarea is an annroximate ?._ acre area desiona-e"
for tourist _or_n_ _ -development. Subarea - _ ro i .ately _ 6. ' acres.also
':or =o:= _ commercial use. Subarea C is a acre area consisii _ .of natural
des -ice -rated -_- ^QI:.�u ..^.'...I .`cZ_ y�:'t�•. v.-�eY
and :led de-=— ted for tourist commercial and ___ecd==- �- _
..st , for open space_ ex -.:ends_ �rox iV 900 __ _ -_--.vest
_. _ acres Sweetwater Cann_ r . a_s nor_.::o reek.
east
o._n-
SL-1L'{ARY OF ST_2-__Fr RECOMMENDATION
" -then
-
nocairioations -.._--_
Attachment
Page
The appropriate resolutions and motions begin an cage '. The suggested modifications
begin on page 5. The findings for denial of the Impiementation Plan Amend Lent as
submitted begin on page 5. The findings for approval of ~e Dian. if :modified. begin an
page 9.
BACKGROUND
On January 22, 1983, the City ofNationai Ciry formaily submitted its Local Coastal
Program Land Use Plan (LLP) for the Commission's review and possible cer ification.
At its April 14, 1983 meeting, the Commission certified with suggested modifications.
the National City Local Coastal Program Land Use Plan. Subsequently, on December 1.
1990, the Commission approved the Ciry's Implementation Plan, with suggested
modifications. The Commission also made revisions to the star-e^omrnendation that
related to three areas where specific plans are to be prepared by the Ciry. The
Commission's action certified these three areas, but sdruiated that coastal development
pe.^nit issuing authority wouid not be transferred to the City for these areas un4i speci�:c
plans are adopted by the City and certified by the Commission. The City has
subsequently incorporated the suggested modifications and received Executive Director
concurrence. on April 9. 1991, that it has taken the necessary steps to have -.he local
coastal program effec ivery certified.
ADDITIONAL INFOR ATION
Further information on the City ofNationai Ciry LC? Amendment 1-98B nay be
obtained 'from Diana Lilly. Coastal Planner. at :he San Diego Area OIrce of the Coastal
Commission. 3111 Camino Dei Rio North, Suite 200. Say_ Diego, CA. 92108-172 (619`
5^ -8036.
J�1
PART I. OVER` EW
A. LC? HISTORY
On September 29, 1981, the City of National City formally submitted its total local
coas-Lai prom- staff review of the total LC? submittal, the submittal was
determined adecusre and formally accepted by the Executive Director. The LCP
sucsaitra.i was sucse: uently set for public hearing, and a preliminary staff
recorrtlmendation was drafted. The LCP did not, however, reach the Commission_ The
staff of the City raised a number of concerns about suggested modifications contained in
the stiff recommendation. In response to the preliminary sraff recommendation, the LC?
hearing was :irst d_.ayed at he City's request, and then the LC? submittal was uit't-teiy
withdrawn_
On January =-_ 1983. the City again formally submitted its local coastal orog arn:
however, this subm±ai_ unlike the one previously withdrawn_ was for the land use pian
review only, rather than a total LCP submittal. The Land Use Plan was certified with
suggested racdincalcns by the Commission on April 14, 1988.
Cr_ Decer ber 11. 1990, the Commission approved the City's hnoieprentation Pl with
suo----eczed uiedi casio s. The Commission's action also cernfed three areas where
speci e plans are to be prepared by the City, but stipulated that permit issuing au -thorny
'Would aot be rsTerrer to the Ciry on these areas until specific oiprare adopted by he
Cir- dc.errife.c1 b he Commission.
ubsecuer.ty. the r, submitted a categorical exclusion red esr to exempt ce .. developments in srecifed areas of the Cir+'s coastal zone from the permit .recuire eats
o_ _e :car"" Act. -S request was approved by the Commission on May , 1991.
subiec_ to cia _' conditions. In July of 1991. the Commission approved,e as supT�-..-_
the Cit •s --st LOP =endure_^_: and in June 199: he C.tv's second L C? amendment
was approved_ as nib -mined. by the Commission. In April of 1997, the Corr mIssica
apbroved the `_. _ `d LOP amendment_ as submitted. In October of 1998. the
Cor_umissicn =rcro -__ the Cir. •s fourth LCP amendment addressing technical revisions
to the _. �: P ... �, submittalrepresents resents the City's 'fth amendment to
r
B. OF REVIEW
s ---- 5e-rc = _ -- 1 Coastal .--c:_ the Commis icn may cal _.
r-�_Y.ces sr other -- actions. as "veil as their rz_iend..__e__s. on the
_t they c lit_. r are snade:.=te isms or
:._—tissior. shall :...Ke action
C. PUBLIC PARTICIPATION
The City has held Planning Commission and City Council meetings with regard to the
subject amendment request. An of :hose local hearings were duly noticed to the public.
Notice of the subject amendment has been distributed to ail known interested parties.
PART II. LOCAL COASTAL PROGRAM SUBMITTAL - RESOLUTIONS
Following a public hearing, staff recommends the Commission adopt the following
resolutions and findings. The appropriate motion to introduce the resoiution and a staff
recommendation are provided just prior to each resolution.
A. RESOLUTION I (Resolution to reject certification of the City of a icnai City
Harbor District Specific Plan_ as submitted)
MOTION I
I move that the Commission reject the City of Nat onal City Irrriementat:on Plan
Amendment 1-98B regarding the Harbor District Specific Plan. as sub t:ed-
S to ft' Recommendation
Staff recommends a YES vote and adoption of the following resolution and
findings. it arTirmative vote by a majority of the Commissioners present :s
needed to pass the motion.
Resolution I
The Commission hereby denies certification of the amendment to the
Implementation Plan of the City of National City ocai Coastal Prey— —. as
submitted.. on the grounds that, the amendment does not condo.— w th, and is
inadequate to carry out. the provisions of the certified :and • se plan. There are
feasible alternatives or feasible mitigation measures available -:which •wculd
substantially lessen any sa �ificant adverse impacts which :fie cprcva_ ycui,
have on the environment.
B. RESOLUTION II i Resoiu ion to approve certification of
City Harbor Distrc: Specific Plan. if moon =ed,
MOTIO` II
7:o` ` -'-- .._ '`os.:..:ssicn appro.v-e :he _ _ : Ya_tonal
Staff Reconante ncation
Star recc=mends a YES vote and adoption of the following resolution and
l d ag, of r nau've vote by a majority of the Ciltnilussioners present is
needed to oars the motion.
Resolution ?I
Tne Corr-nisson hereby approves certification of the amendment request to the
Impiementation Plan of the City of National City Local Coastal Program, if
modified. on the grounds that. the amendment conforms with and is adequate to
cat-' out_ the provisions of the cen fed land use plan. There are no feasible
alternatives or feasible mitigation measures available which would substantially
lessen any significant adverse impacts which the approval would have on the
envlro nrn ent.
PART M. SL GGES 1ID MODIJ !CATIONS
Staff recorrmend.s the following suggested revisions to the proposed Implementation Plan
be aGCtIe.. The anCi^lined sections represent lem.niag.e that the Commissionsuggests be
added_ and the dec 'ons represent lanm._age which the Commission suggestsbe
deleted the e �d._e as originally submitted. -
Ci tt Page _. footnote - should be szrGck. in its entirety.
2. On. Fizure. _ _ _ 2.1. and J•.'. the Wart reference th parentheses under Paradise
Marsh should berevised to read:
Pa adise Marsh _Y of Sweetwater Wildlife Refage (Not i_,nder National City
D--it
Co dace _-'S_ the last paragraph should be revised as follows:
neca'. se local _ove._.r._en: _G .s. '..__: t cast development permit
aL't._or does not extend to federalac '-itimes. la-_r 7t: -" __ :.. .,
the \jatior_al City _C.P policies reianng to land owned
federal _ advisor: chi'• and nave no c'rdirig effect on fader:.
rcvisicas C.c. however. ciir.ectly address issues :_rated to
rC teC._ ---ese:'."iIS and enhancingaclise �rla: �_. consultation and
oop •-'-c._ t._.. _ SF-.v _, which ':would Ce ased as _lidance .__ review of
On Page 3-1, the second paragraph under section 3.1 should be follow,,:
Tne largest designated "sensitive and valuable" wetland resc_ __ __ vicir'ry of
the Planning Area is Paradise Marsh. Although in private =
Paradise Marsh is now part of the Sweetwater Marsh National= =tee Rer'd_e
("National Wildlife Refuge"), under the ownership and r a*- =ea of the. S.
Fish and Wildlife Service r :
bf it; f:deral
6. The Paradise Marsh Wetland Delineation and Habitat Map 1=
1998, located between pages 3-1 and 3-2 shalt be identified as Figure =-1_
6. The following policy shall be added to Section 3.3.3 Other Caei`zions of New
Development:
(e) Prior to the issuance of a coastal development pennit for
development. a new site -specific wetland survey or site- -e =_ date of the
wetlands mapped in Figure 3.1 shall be recuired_ All of -fie es conmined
in Chapter 3 of the Specific Plan shall apply to wetlands and —__d buyers
delineated at the time of coastal development permit issue
PART Iti. FINDINGS FOR REJECTION OF THE CITY OF `_T CN_=L CITY
HARBOR DISTRICT SPECIr IC PLAN. AS SL Btill _ _
A. AMENDMENT DMENT DESCRIPTION
The proposed Specific Area Plan for the Cir;'s Harbor District cons=--= '-
implementing ordinance for the Harbor District planning area As dobe-._-_ _ tn..
Harbor District consists of four subareas. Subarea A is an approxi- - = acre area
designated prrya_i y for tourist commercial development. This area d r
impacted by human activities over the past 120 years. inciuding ` c•_
and grading for railroad transportation. as a landfill. battery, and burn
street and other n: s uc ure facilities. Subarea B. approxirratel
designated for tourist commercial use. It includes a n aior :nit op—_' :pats -g of
the San Diego .. ?� .ona Easter Railroad rack. a pressurized oil p--=_=_ and r -
voltage elec::ical-rsmission lines. Subarea C is a _ . ' acre area - - of rear Y
and filed :ands designated for tourist commercial ar..d medium ._..-_.`— rear ___ which
have prirnarilv been used for railroad a-acsa_e. Subarea D. 10.- acres --
open space. eNtends approximately 900 fee. east -west along the area __
__
Sweetrater Channel rums nor? to Paradise C.lees east or Pa=___- _
.e nosi :r:ruinearn feature JC the J!a._'fit- -be ._ii•
Paradi_'.' Tars; .`.ee. .Vee^.vate. \[arc- ��::.... -.-.. •.t ii l! _
coasta `^ -_-
:u,:.ercu ci:e:__ _ -e :J protect the 7 .-p _. _ W-._ .d: t
a::c _.aura r :acitat ua _ c._. d -
m: nv other develeo relit standards anpiied to new development in co: suitaton with :he
U.S. Fish and Wildlife Service and the California Denarment of Fish and C-an e.
The Harbor Disrric: Scecifc Plan contains specific policies and rec1ren ents for the
orovision and protection of public access, wetland habitat conservation, tourist
commercial recrea.cii visual resources, and marine -related industry. Some oI the major
developments :reposed in the plan include the extension oI Harrison Avenue between
..� Q eTthe Bikeway, `Vest =��' S�eel�c �:' Street, completion of San Diego Bayshcre �tse:va � and a
varlet/ of tou_ris ccir ercial developments. These projects are specificaily called for in
the existing ce_ tell :Coal coastal program.
Coon elective certification of the Harbor District Specific Area Plan_ National City
would assume coastal development permit authority over development within the part of
the planning area that is outside the boundary of the National Wildlife Refuge and outside
the Port of San Diegourisdiction.
B. l i_`+-DEN GS FOR REJECTION
The standard of review for LCP implementation submittals or amendments is their
consistency with and ability to carry out the provisions oI the cerdfe 'ELT.
al P'l.-ose and latent of the Ordinance_ Prenaranon of a Saeci^c Plan for the
Harbor Dist:c: is ;ailed for in the certified ELT. The proposed Dian provides specific
r cuiren e nrts. standards. and implementation policies for the development of public
access and circulationcorridors, Habitat conservation_ tourist commercial redevelopment.
visual protection_ and the promotion of marine-related.Qtlsu'' 1 e :bier^.`.'e oI the plan
is the conservation of Paradise Marsh and adiacent delineated :wetlands, e desi r and
imc e-rentation of - =anett nincnonai Habitat buffers_ to provision of anprocr.ately
sized and located ra _ circulation and parking facilities. and the provision of
economically feasible commercial recreational facilities and uses.
i Maier Provisions oI the Ordinance. As discussed in the Amendment
DescrcIicn. above. the S.cecifc Plan contrir'c numerous sPecific conservation and
development star_darns for the protection oL coastal Habitat, public access. recreational.
isu and . , �.' resources. and the orovision of commercial recreational facilities.
c: .-1,dec-aacv of the Ordinance to i nniernent the Certified `e^ e._.s.
._arbar .list-C: S __ Plan is divided into several chapters and :nciuzie.s policies on
pupiiC access. '.uet___d 112iitaI .ioniser: at on.:ourst ..o-nmer ai recreation. is'da.
resources. _"aced industry. ::e plan :s exPrencely detndlect and contains
soe_.._c .........coos standards for Implet ..eot.a:Cn vI-o.and_ce plan. The
71ith -:__c.es are consistent ".v th and ate :G
_ _ _-:'.ve'. e.. ter_ e'.... :ciic:ef. of the v-eti nn
Paradise :Marsh is part of the Sweetwater Wildlife Refuge and is owned and = -Herod
by the li.S. Fish and Wildlife Service. Thus, even after effective c..__fc_t_:n
District Specific Plan, the City of National City will not have coastal per z.t er--y
within the refuge. However, while the National City LCP policies relating land owned
by the federal government are advisory only and have no binding of ec federal
activities, the certified plan provisions would be used as guicin^ce in review bf
development requiring a coastal development permit or federal corgi. ze^c : -v cm
the Coastal Commission. Thus. the language in the proposed pian whicia -__art the
National City certified LCP would have no applicability in any _--
development within the refuge, is not consistent with the resource protection : =_des of
the certified LCP.
The existing LI. P policies require the identification of wetlands. a -- --
appropriate buffers for new development, and limitations of the - nes of uses = _•wed in
wetlands. The policies also call for the enhancement of the habitat and aesthetic -aloe of
the wetlands, the protection of wetlands from physical innasion and send-ez lon_
T'ne first suggested modification involves a technical correction: the policies o= the
Wetland Habitat Conservation Program contained in the pian refer rereateCiy to a
particular biological surve,, delineating the wetlands in the pinning area as "=__—_
However, the map survey included in the plan is not identified with a fzure
which could cause confusion regarding the location of sensitive resources in -h
area.
In addition. the Marsh Preservation policies of the LUP recuir the rote__. = —_
preservation of Paradise Marsh, Bannister Marsh. the Sweetwater River an_
refugue areas located within the Citv's jurisdiction. The Specific Plan ices
wetlands, give specific requirements for buffers. list ailowabie uses i._ w-etlan_
contain detailed requirements for development adiacent to wetlands see
Approval. below). However. as noted above, the habitat prctecfron and _ -
policies specifically reference wetlands delineated in a surve.y conducted b_r- e__
September 1997 and Sul,/ 1998. and shown as a particular exhibit _ 'e
Changes in drainage patterns. rainfall. and other natural andhuman-_cussed p __o__non
can alter the size and vocation of wetland habitats over time,. me
wetlands be protected —not just wetlands which existed at -"e. time. :he S _.___ __
approved. Although the Specific Plan policies provide a lair7h. level of _r_t____a :_r
mapped ',Vega nds. as ounenrIv drafted. the polices '',vou1d p iv only :c -_h_ _ -- _ t
wetlands delinea on. regardless of changes in actual status of he '.vetlar'.c.s
plarninH area. In addition_ the plan does not require that ne':v de`: e. n
presence or absence oI environmentally sensitive resources
some d. ."eic risen -reposed ...: e Scec..:c Plan niav not occur t_r Z.: .
e C..subiec: annenirent 2_.n.ot oefzund
ice ..- �.. __:c �_�L: .^ro� ._ec..
.cr. oonc:e.s ..... ___----u -J- =-- --=
;.^:en :net..... �t
0.' r
PART V. FEN -DE GS FOR APPROVAL OF THE HARBOR DISTRICT
SPECIr iC PLAY. IF MODIFIED
As stated creviously, the Harbor District Scecific Pl.= is for the most car: consistent with
and adectiate to _.__,' our the certified land use plan. However, because of the
inadec ac, of several of the Marsh Preservation policies. the Scecifc Plan was rejected.
-.v et_'a_nd Habitat Conservation Program
Overall, the pciicies of the Specific Plan provide detailed. specific conservation policies
designed to prote` enhance, and preserve environmentally sensitive habitat consistent
with the .,Giic:es of the certified LUP. The pian describes the habitat and piant types
found in the 1-- her District area. No direct encroachment into wetlands is pe_rr' itted
except for these acnvities such as the removal of debris and exotic plants and restoration
activities that will enhance the quality of the wetlands. Scientific and educational
research prcQ-- are also permitted; these uses were anticipated in the L? as long as
the research inyc i - es nature study.
As discussed ,;-ove. language in the proposed specific Plan asserts the National City
ce_._; ed _CP '.vcu_a nave no applicability tinder any _.rc.. stance for development
elopment
7Lthe r\arm refuse. In fact, while he National City LCP policies rela
ting
7.0 land owned z_ federal aovemn:e nt are advisor'; only and have no binding elect on
federal activities_ t__ __-aflea plan provisions would be used as guidance in tie :v of
development r_- ---g a coastal development pe=it or federal consistency review mom
the Coastal Co"--'cn Suggested Modifications =_ much =_ ciar-- the status of the
LC.? as :moor---: _ ca-_ce for :and use decis:0is ir.'..e :V.uoc Only as modified can e
Spec. =c Plan. rc found con.sistent :yin the ;escur: protection colicies of :e cern-zed
The __arbor c' clan contains specific rwetland consistent
with - e L:... _ _ ea in the L U-P, the Specific Plan
_an calls for IOC -foot wide ou=ers
ucm the edge of wetlands, to new development.. although this amount _..L- be increased to
en,ut-e ac tee'. _fhu.ier habitat unctions. The clan allows new d t el0pme.. to
encroach into • habitat buffers only tw t: in the Harrison Avenue Public A coots
Co___hor. and then -- with the cor_suitrtion of the California C'epa or Fis and
the =. Fish a_=d Wildlife Service. The ...___rtion of Hai7lsonAvenue s
cons:,:. . with __ T arid is ponen_ of - blic 'cc and
cir_a_:icr_ _________:._ ___ _arbor district
subiec::o consultation --- the resource ____es.
t tyre riff; tea. sc-_c a-- nabi�__ the
sc _ -- --__. _c - ::._.._ __Ls :or __: - nh rn _ LT:
dr.:'C.•
and reveaetation plans and for public park landscaping within 100 fee: bf the wetland
buffer setback.
The plan has requirements for the collection of trash, domestic animal con__
restrictions on night lighting within the wetland area. the minimization o_a-cr
perching opportunities, and the visual screening of human activity from. the a and
wetlands. The plan also requires oil -grease -sediment traps or other filter,:-. —tec: she
marsh from polluted runoff, prohibits storm drain runoff into Paradise `rfa__h. and
requires the implementation of Best Management Practices to ninir^;r =c r% of storm
runoff pollutants during grading and construction activities and after prcie_ ac.-pieticn_
The LL`P requires that specific erosion control measures be approved.. haccrpcnnted into
development, be in place at the initial phase of work, monitored and
conjunction with all grading activities, consistent with Section X(B)(=;(s of the Yationai
City Implementation Plan (which applies in the certified areas ofNationai C:_. for ail
properties which drain directly to marsh and wetland areas. The policies =mined in. the
Harbor District Specific Plan supplement the grading policies contained in the
Implementation Plan. Because Section X(B)(4)(k) of the Implementation Ee.f.ition is
referenced in the ELT, the policies of this section also apply in the 1:-LY=or 2 _m area to
those specified properties.
There are only two areas in which the proposed Specific Plan would act fitLy �riement
the certified LliP, and thus, suggested modifications have been developedbr_az, the
Specific Plan into conformance with the LLT. Suggested Modification a
technical en -or by requiring that the wetland delineation mar_ be ides f_ed as =
as it is referenced throua^out the Specific Plan.
Suggested Modification requires that prior to the issuance of a
permit for any new development- either a site -specific wetland sun : e.: __ a ed_ _r
Plan the wetland sur,z�. in the Specific_ P_an be updated with regard Ic — -- __—.-
proiect site. The modification also specifies that the policies cons re- -- _if_
Plan apply to the wetlands and wetland buffers as delineated at the e m_ _..as —_al
development permit is issued. In. this manner. both existing and fur= wz�_ .illbe
subject to the wetland protection and enhancement policies of the Specific
consistent with the certified LU .
' o - --
Therefore. asmodified. the resource protection policies of .e Harbor _----------•--.-
Plan comp'-' with and are adequate :o liar out the certified rand use
P blic Access
The public <' " olic:es oI the _...-P ' u:re :he designation oI :Ru._C _
:oalong Paradis jars^ grid the S -a:er
.�. and refit_.. �, L.... 1. � li'2e^.L River
tails azsa _. _-_.._. All -•e": .- .tent m'asi incC .___
:o .:cc ..ntcc....e _. .y.<.^ neater. aria ne'.L' C
_._....'y _rust :o coastal ana
J i
Page
The Specific Pllar_ provides for many specific access and circulation improve Vents hat
will improve access to he bayfront and the future National C:ty Marne Pedes4ian
3CCeSSV3V5, bikeways. landscaping., pllD11C parking 3reaS, parks_ vista points and lighting
and buffer components are incorporated into the proposed accessways. ine e ension oI
:=at'isan Avenue as a ,public access corridor with landscaping, medians, and habitat
burets is incorrer.:_ed into the plan consistent with he certified LI_ P. The e pulplic access,
recreation, and circulation program requirements must be implemented n cot_;unc ion
with the development of the subareas contained in the piar.
Therefore. the public access policies of the Specific Plan can be round adequate to
implement the c.,_+fied LL P.
0. Tourist Commercial Recreation/Marine-Related Indus-cr.,-
The LUP designates Most of the non -resource containing land in the Harbor Dissu-ct for
Tourist Commercial developments, including marina development, hotei%motei and
restaurant facilities. recreational vehicle par4'camnground. dr;-storage and boa_ service
facility and/or public park areas. Overnight uses and boating uses are assigned Me
Highest commercial development priority for the commercial recreational areas.
The Specific Plan provides for commercial development in Subarea A such as a lodging
facility, a restaurant. and/or tourist commercial retail space. Tourist commercial
development, including uses that suppor or are associated with the marina are :ermined
;r ;n the building nveiopes in Subarea 3. Such development may include a lodging
facility, a res-marnn_ marina -related office and/or retail commercial space. boa: budding .
repP4r. drz storase. and ancillary services. All new develormerfc is subject to �cecifed
setback. buffer. height_ site environmental and sectechnical analysis_ and :antcr .chi
rooIina recuirements. s. Buildings in Subarea Aare recurred to besetback a - --u - oI
100 feet �om. any delineated wetland and 100 fee_ from the boundary of Me National
y ild lie Refuge.A :CO foot buffer and setback area zeneraily applies in Subarea 3.
Parma na ratios for not.el, motels. restaurant_ and retail area 3.2:e specifier: in Me plan t0
ensure ade-uate parking is provided with new development consistent with the certified
Lard Use Plan.
Maxine -related =e.'' `-tted development must conrcrW with all applicable provisions of the
speci, c Plan and __.an coordinate with the L.J.Fish and Wildlife service. Coastal
Commission and Me California Depara Fishandr-arde d � na Me pro design
eni of ,.....__ iS,. .,..vie-_ design
pha
se :o :de. avoid. andor fall;: mitaate oaa`ic'C.acLe impacts to sensitive -ca_s'.a.
res-�..rces d p ^mac ` _.�' S.recite. Plc. _
... ;,�-......, ..n ...__ s. ---�.cu�� e .__� Plan ices not ..Jnt.r. ..._..
policies identifying m--_ne related uses as priority uses. Mean does restate ___ policies
of Me _C? including a reference to Coastal Act sec:_:._ _'v_f_ which s:.ates _.at coasta -
n4ent dev.eloomerns
other_n_il have priority over .-e- ie e-
uss. �e - ..:_ c Plan .s .consistent . .:._ _ e -.`--"'
Visual Resources
The visual resources policies of the certified LLP recuire that the Specific Plan for the
Harbor District area determine appropriate height limits. landscare elements, si .a e.
and vie'.v protection and enhancement. Vistas shall be provided 7otn public roadways
and public open space areas to Paradise Marsh and the Sweetwater River Flood C:,na-o1
Channel. Landscaping and landscaped entrvways shall be provided along new reads
adjacent to Paradise Marsh. Tourist commercial uses shall have design recuirements for
landscape elements, signing, and architectural elements such as height, scale, built color
and building materials.
The Specific Plan provides for numerous visual enhancement projects including a
landscaped gateway to the Harbor District along West'_4t Sreet. landscaping along
Harrison Avenue, visa points to be improved with habitat buyer companbie viewing
platforms, parks, and a native landscape restoration project. There are mandator: visual
quality standards for wetland areas, wetland buffers, the plaza at the foot of H ar=scn
Avenue, and parks, involving the use of native landscaping and building setback areas.
Tourist -commercial development has specific standards regarding the use of terraced
buildings, building colors, materials and textures compatible with the narhrai palene of
the surrounding area. landscaping, and the placement of open s�.-a1.easements over
public view corridors. accessways and habitat buffer areas. Stznd rds for building
mass. and setbacks are also included. Specific sign criteria include the prohibition of roof
signs and free standing or on- or off-prernise commercial signs_
Therefore. as mor'ir,"ed. the Harbor Distrc: Specific ?'.an ccnfc_rns with and is adec i to
to car: out the ce^ .ed land use plan.
PART VI. CONSIS 1 L.NCY WITH THE CALIFOR' L E` v 1KON E` i T
QUALITY ACT (CEQA)
Section 21080.5 of the California Environmental c'12.aiir Vic: CEQ ?) exempts
'. government d-om e requirement of preparing an _n`. cn men T^ac report
connection \with its focal coastal program. Instead. the CEQ.-.. responsibilities are
assigned to the Coastal Commission and the Corrissicn's LCP review . nd ar crc-: ai
program has been found by the Resources AJenc,. 70 _e 5:notiorially ':"aen: to
EIR process. Thus. -_mcier CEQ.A Section:1080.:. -.He Commission is relieved
responsibility to ^re^are an EIR for each LC?.
Nevertheless. he C .._ _fission is re air ed .- an 7 CP Or.as — .?
amendment submittal. :a find :hat :he r cr LC . as C s
CEQ A :revisions. .__ : e .lase Jr- Ihe sub _: _C? ::- er__e..._t._. an. •
Jn cv a _ .m as
_...iron erta v .:_ .__..at ire :.. .._.tali
Env rcrue..tai lit._. - .- c:. SL_`estec nod:_:cd .. -`-•- --.�
:goon[:- .. tic:s
�aucn:-1
Page 13
Given the oroposed mitigation measures. the Commission Ends the proposed local
coastal amendment, as modified_ will not result in Rio'incn nt environmental
impacts under the me -mina of the California Environmental Quality Act_ Furthermore,
ture individual projects would require coastal development permits from the City of
tiatiorai Cirr. Throughout the City's Coastal Zone, the specific impacts associated with
individual development projects would be assessed through the environmental review
process: and, the individr project's compliance with CEQA would be assured.
Therefore. the Commission Ends that there are no feasible alternatives under the meaning
of CEQA which would reduce the potential for such impacts which have not been
explored and the „CP amendment, as modified, can be supported_
(NATC:YL.C?AI98BStrR )
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•
•
RES O L.'.'i O N NO. 9 - 95
RESOLLiZON OF 1=Lii f COLIC` :F
TEE Cm OF NATION -AL CITY O P- =`= C
HARBOR DISTRICT _`•"
W�-REAS, the C.-ii'for_ _- Coa_a-,i Ac: i,:Di-r _n = -Toi;c 2hsc1:r7e5' ____
:ecuuez the r N L T = e n _„c.`- s.... ?rt.-
for
C_ � of aticra. City :o rear_. ac..�t. � e�- a ,�
those cans of the Cirrs caror:e j di _or `a are :cceLL.:p.. __c.
zone: and
W LEAS, the C177 of Na=cr.a: C:rr . ecer:e` -e-tfw_cn of la -
Coastal : rograrn seneraa!Iy ' or the Coastal Corr_r atcr., but eft of
ar?� around Paradise Marsh within ±e C_'_Y jurisClionto .
4c: was dele_r;ed: and
A cthe e C.ry Council of ,.C:. ...., -i I `�___� : :.as __cc:e_
amendment to !Iodate relevant TCllc es and :ma's of the _ 7- ___
Use Flan. which update is entitled 'Land L �e �`an : ___ r_c�e :� : �_ _ -_ 48', __d
18iccg aut. cried the subrninr_i of said .=-- r -::o =-_
for re-rie'.T as rovai, and of eca'Ve Cer _=ca=cn; and
, =_RAS, the cer ±ed C.:ri _C.0 _' _ a_= _ - con._=ns a 7
- e P1__ that recuires C er. r'=n cr^cr rur��tt=
c "•GL Cira �r �G:aT aC. :J t.._. G�_� •--Vr_
Corn s review, Td er-ye-.e r._ of a \_
� C�1\.1_ for � V. ��/ , - rrUv/�_. L_ r. .... 1 �._
Arzz
said aree . around = ad=se to :� i i ae cam;= -_—_= _ — _ - -_
: s„_C_. and buffers, ✓LCLiC recrez c.:, and
YY�'KIL, C a duly nct ey Cyr, CO...-._ •: ter_
, orozr=ano OOIec ve . and rCj2C` for zat
December 3. ° and
'vtiRE_--S... duly cdced C_
OP. i=itmentaton ;jai -mina was .ieid .,.. 2,,,Sa_-__
2 tv`- __`n: Co __-- or e `.
r.♦tensirei't Nt other ._-..._...._-
or -====rns. con....r. cr; cr=__..._=cns. -.n_r_ - _- _ _e -
oreb=on :
=r--- - - -»_cr _:-=
)LLT-C
s.-inrn. `Z c. $ — -.,i.1 -79 CCR
^e_oI
'r :EC cornnc^e.^...:: Charter __
the - -cor Dist-. `:ec= c Plan contains de....iicti
cravis ov de Vor. r-�'.n.. reaul :-� apprcu : C• C:'e'^ r
�+�-^'�iciCIIS C`.c: 3CCreCc _�r `. .._�_ . r;2:e and "'ci._i...
CC111. C�:cSi::'_ P:-Cc-^-:'_ Ti,o_n-t Use Plan and Cali:orzia Coasta .AC.. uses CI
w i:... L. r •_�. sicnificnnce within :e .__.rcr "'ism _ or cr nm7 be a%ec:
the _, ^,r ,t -r o the Eo±cr sue_:._ Stec C
tN �_�',.�-�� c, notice of a/a....'_t:..._ '
',vas rnat2eut and pubiishef.i
in a newspaper oI zene_L C= z cn. and cc ies were made
2:;ai:Ladie. for biic review, on Tune i6, 'ecA- and
-::•-__ _C duiv diced :e _ on ne . _.".iic Review J.iri_t of t e o±cr
•c:--_ :e`-_/C �:-_ Plan, PC::.^ ..c._..0 ..c ..:.0 c.ccc in y-Cnce :C
^ \ been :: 'c v ^e . f_ C.,: ��_-cn orn - _n. -SnR and by to C- _
_ - —" _ ' ecg -'c in `n rez ce�o�� were =i'ien an cnrorro^.'-J
__ =' ::c _:Ppw_ be. _e. _e _.:� Cam
coy
- ("-.. rCLthe --
c - on n' '- d •- considerL_
:es_:'_ ant cuter _YiCenCe at said. c- an:
-_C• "e - C rs C.n.
-
of ==CCr
:c
tee^__ a ,e: an: ._:` : review o: int !L'ne .e. : C.:<
2rof: T.-Zoo-tor tote
Cit'' of L'.a__n._ C_ov ___ 'S . nd r isions to Ci" --
n ut_._..eV - :cr •s "_ `'per _ .�_ ... .rde. :o ...._ii...._..
•
.. ___ . _ ;� _ .
R ciuncn i' c. 2 - . -
luiv 2S, 1995
aL.'2n.C'urn, is _._ii i consistent with and adecuate :c out,tie :cac.es : _..._..._—
Pl _ the Cailfcmia Coastal Ac:, and anaaczhie ula:icr.s of :he Caii, r -
Co ---issicn that Sover :reparation or Local Coastal Prcz=nns :.:tend-:e=-= -_-_-_c, .:..._
the un� D / 1 yrne^_ C/l -.lc of the City
of a.
Co�r.,�...cr Le�, e.c .._ �.,r seen _. `._ / ., National
Ci:J has Gr'^arec 'N-_ n responses tG NLkren and oral "=...:: that were
D1St.;-C: Specific Area Plan, including Qu±ig the woriancna; and
W i the City Council -' Has consideredthe e C...AAA e^:�._r._ o L
a.^.nin-is--1ar T� C _ C e•-�.It.. -'_'._ �I� _ as _ _- ted --'^' -
_g Commission az;prave : Le tc ,:., �cr
revised: and
Vv = - ,_-S, the prera-•den of and Cr; Council ac-'on on :he = . -cr
Specific Plan constitute a `c a Coastal proms--'n n:enta o.r ; _e^,:_.un.
sta c:odiv e :er^D on: the California _iironme.ntal "`/Act: and
`iv'___._c the Fz:5cr Dis:_r_ Specific .
reviewed t s u : to the California Coastal Commission's Local CoaS ! ?-,o--n*-:
w tic have been de_tned by :he California Sec:_ - for Resource' to be the fi:no :cnai
ec:.ivalent of the Cam.._._ -nvlrvrL.T,en'3 Quality .-.C:. -
C __ F..:CLV the- Cl:/ o
Nationsi L,. .
1.The _ c.- Distrlc: Scec..=c Are- ?.a_.
Amendment is ccnsir_rn_ with. ant adecua:e to Ca all ':UiiCabie oI the
ce_r_ied tiadc;:_. C= 'Local Coast i.. roc am L..:.d _e _ _-r.. _-_ C4'.c-:a _ra.r Art. or.G
recut .-ions of the Ca_frr :.a Coastal Corr
Yadcnal Cr;..
l Coastal ?.cQ-. ... _[ -..e ded by e
Ci _ - �intended ,P out fu 1, the
l.. v(4s:r1 .r
\_' .. r .1.. r— chuff —.•.•__ �u[:�t-- _r\. �_�_ • ..•.—_v..
��r v and acd= uV to Caiif:r .in C :a i Corr -mission cn :he Ear:dor
<r - - 7 a r zc-,1 Cost 1 Dr:z - j z:i8_::e_^-_a:ia : _:^.L'_^.0 me :: is :enues:ed :c
^ i of San Die'ZO thi±i_. Said Co -. �ssion's ..-e_ti- _ in Cc znside aR
Cr-Je- -- — 16, 13.9Q
PASSED and DOFTrD this 23 dsv at Juiv, ccg_
Ce'^" -1_ V'laier . Mayor
/9/, .,'1i
2,,,f:.._.2._i R. �31—_
C-e___
._- F7O<+ TC, FCR vi:
Afficiavit of (Pub Cicat:3h.
(CT 2 019E
CITY OF NATIONAL CITY
140 3 12TH ST ;B
NATIONAL CITY, CA 91950
STATE OF CALrORNIA} ss.
County of San Diego}
The Undersigned, being duly sworn,
deposes and says: ThatShe is a
resident of the County of San Diego.
THAT....She is and at all times herein mentioned
was a citizen of the United States, over the age
of twenty-one years, and that She is not a
party to, nor interested in the above entitled
matter, that ....She is Chief
Clerk for the publisher of
The San Diego Union -Tribune
a newspaper of general circulation, printed and
published daily in the City of San Diego, County
of San Diego, and which newspaper is published
for the dissemination of local news and
intelligence of a general character, and which
newspaper at ail the times herein mentioned had
and still has a. bona fide subscription list of
paying subscribers, and which newspaper has
been established. printed and published at
regular intervals in the said City of San Diego,
County of San Diego, for a period exceeding one
year next preceding the date of publication of the
notice hereinafter referred to, and which
ne'.vsnaper is not devoted to nor published for
the interests. ente.^.ainment or instruction of a
particular class. profession, trade, calling, race,
or denomination. or any number of same; that
the notice of which the annexed is a printed
cony, has Peen published in each regular and
entire issue of said newspaper and not in any
supplement thereof on the following date, to -wit:
OCTOBER 12._99S
1
.17.e! C.'erx for the Pubi(sher
Subscribed and Sworn to before me thisv
J aria or me r'„un r r .uiu .lime
Affida 1 t of Publication of
.evelopment Comr„sE.
Legal Classified Advertisement
(irriarrri ,,,. _ Tm CROCKETT
Notice Of Public
Hearing And Possible
Action By The
National City
City Council In
Response To Coasos
Commission Staff
Recommendations Fr
Harbor District Specs
Area Plan
(National City Loca=
Coastal Program
Amendment No. i-9SS(
DATE: Tuesday, 10-27-
TIME: 6 P.M.
PLACE: National City/
City Noll
Council Chambers
1243 National City Blvm
National City
The National' City C'
Council will hold a oucus
nearing at the time arc
place in.iwtea caove 'd
review, ana passlpry
take action to amend fine
Harbor District Seeshic
Area Plan (Notional C 1.
LCPA No. 1-98B1 .n ^�
sponse to, recommenda-
tions by the start at —ne
California Coastal Car-.
mission, including =0--
rectians, rnodlficoriord.
or other minor cnangeo.
Interested persons mCv
review the Coastal Car --
mission Stott Report ara
Recommendations -dr
Nanonal City LCPA fira
1.983 during narr-cl
business flours
piratic counter at Ire •93-
!lanai City/ Commurl
Development Comrr,s-
Sian f 140 East
Street. Suite 3. '1cr.cr*=.
Cav Y1950). or at Ire '+_-
banal Cay Public _-
brow )200 cast '—
Street) as soon as '-le
document Is rece!.eS
from 'he Coastal
mission, on or otter Cc-a-
ber 19. 1998. The Coca=.
Commission Start
curt aria Recemmers,
flans 'or National U -,
LCPA No. 1-986 :may/ a
so be reeuestea cured '-
from :he Col/tar-is
Coastal Comm/ss.c-
)3111 :amino aef -
Norm. Suite 200. Son
qo 92103).
All nterestea certs
are vireo to cart~-er,
either 'n person at "'te
time or the ououc -e"1-
Ing. or in writing Pr'cr'a
Or at t^e lime =r ire _
-..eannq. )ease —
dress .uestiOns or +- --
ten comments to/
Eric Crockett.
P.-pleat Coorainatar
Notiona!C
Community Ceve!ocr-kr-
0mm ISS ion
120 East '..^ Strker.
S,te
Notional Cry. CA ;1432
drone' S191
=_z 613+ 2_25.- is
u_APC .70C 2 c.o. a r
Attachment \i1.
RESOLUTION NO. 98-1-13
RESOLUTION OF THE
CITY COUNCIL
OF THE CITY OF NATIONAL CITY
APPROVING AN AIv1ENDM-NT TO THE
HARBOR DISTRICT SPEC11.1C AREA PLAN AND LOCAL
COASTAL PROGRAM IMPLEMENTATION AlVIENDMENT
(Major Amendment 1-98B)
WHEREAS. on September 2, 1998 the City of National City submitted the Harbor District
Specific Area Plan and Local Coastal Program Implementation Amendment (Major Amendment
1-98b) to the California Coastal Commission for public hearing and possible final action at the
Coastal Commission Hearing on November 5,1998, and:
WHEREAS. the California Coastal Commission staff pursuant to Section 30513 of the Coastal
Act reviewed major amendment 1-98B for conformity with the National City certified Land Use
Plan, and:
WHEREAS.
conforms with
WHEREAS.
duly noticed
requirements.
staff has recommended six modifications to major amendment 1-98B so that it
and is adequate to carry out the provisions of the certified and use plan- and:
a public hearing, to respond to Coastal Commission staff recommendations. was
in a newspaper of general circulation in aecorrinnr e with Coastal Act noticing
and
WHEREAS. copies of the Coastal Commission report and major amendment 1-98B have been
made available to the public at the City Iibrar'. Community Development Commission office
and office of the City Cleric_ and:
WHEREAS. the six suggested modifications are consistent with the certified National City
Local Coaxal Plan. andref:ect. clarifications to :he contents and intent oI the Harbor District
Sceci :c Area ?lain as adopted by the City Council on July =8. 1998: and.
WHEREAS. :he six suggested modifications are minor. and do not constitute material changes
or change_` that rave not been the subject. of public review and comment before the Commission:
and.
WHEREAS. City Council on October 1998 after the close of :he public hear=
considered recommendations of:he California Coastal Commission staff. and:
WHEREAS. _ Council directed star: to .�.4"e the modifications recommend::
Commission 17 7. affto Maier amendment 1- and:
a ass:al
WHEREAS, staff" has been directed to submit the adopted modification to the California Coastal
Commission as an amendment to the Harbor District Specific Area Plan and Local Coastal
Program Implementation Major Amendment 1-98B for consideration and action on November
5. 1998.
NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission of
the City of National City hereby approves an amendment to the Harbor District Specific Area
Plan and Local Coastal Program Implementation Amendment.
PASSED AND ADOPTED this 27th day of October, 1998.
ATTEST:
Paul Desrochers_ Secretary
APPROVED AS TO FORM:
George H. Eiser. III
City -CDC Attorney
By:
George H. Waters, Chairman
Rudolph Hradectiy.
.- sistant CDC."City Attorney
Page 2 of
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE November 10, 1998
7-ITEM TITLE
AGENDA ITEM NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
ESTABLISHING A PROCEDURE FOR INDUSTRIAL DISABILITY RETIREMENT
DETERMINATIONS OF LOCAL SAFETY OFFICER EMPLOYEES OF THE PUBLIC
'IPLOYEES RETIREMENT SYSTEM
PREPARED BY George H. Eiser, IIIOIEPARTMENT City Attorney
EXPLANATION
See attached. rrnrrorandrsn
(Environmental Review x N/A
Financial Statement
N/A
>STAFF RECOMMENDATION
i
Adopt resolution
Account No.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below )
Memorandiun
Proposed Resolution
98-144
Resolution No.
City of National City
Office of the City Attorney
1243 National City Boulevard, National City, CA 91950
George H. Eiser, Ill . City Attorney
(619) 336-4220 FAX (619) 336-4327 TDD (619) 336-1615
TO: Mayor and City Council
H(OM: City Attorney
RE: Procedure for Determining Industrial Disability
Retirements for Safety Employees
DATE: November 3, 1998
If a safety employee is incapacitated from the performance of duty, and the cause of the
incapacity is industrial, that employee is eligible for a disability retirement under the PubIL.:
Employees' Retirement System.
The City's procedure for making determinations regarding industrial disability retirements was
established by City Council Resolution No. 15,851, approved on January 10, 1989. The
procedure provides that in cases where an employee has requested a disability retirement, and
the City has inirally determined that the employee is not eligible because the employee is cc:
incapacitated from the performance of duty, the employee may request a hearing. The City's
procedure further provides that the hearing shall be conducted before the City Manager rr
his/her designee, and presided over by an administrative law judge, with the City Manages
making a final decision.
Recently, a decision of the California Court of Appeal, Sixth District, considered a procedure
similar to Natioral City's and held that the procedure did not comply with the Administrative
Procedure Act, as required by law. The court held that the administrative law judge must no:
only preside over hearings to determine incapacity, but must make the final decision as well.
Based on this decision, the proposed resolution would revise the City's procedure _fc..=
determining incr*acity by providing that an administrative law judge will preside over the
hearing, and make a final decision.
GHE/jr
GEORGE H. EISER, III
City Attorney
Recycled Paper
RESOLUTION NO. 98 — 144
RESOLUTION OF [HE CITY COUNCIL OF 1'11k, CITY OF NATIONAL CITY
ESTABLISHING A PROCEDURE FOR INDUSTRIAL DISABILITY
RETIREMENT DETERMINATIONS OF LOCAL SAFETY OFrICER EMPLOYEES
OF rilE PUBLIC EMPLOYEES RETIREMENT SYSTEM
BE IT HEREBY RESOLVED by the City Council of the City of National City that
following the filing of an application for industrial disability by a local Safety Officer under the
Public Employees Retirement System, (PERS) the following procedures shall be employed.
1. An initial determination will be made by the City upon medical and other
available evidence offered by either the applicant or the City to determine whether the
applicant is incapacitated from the performance of duty. Such determination shall be made no
later than six months from the date of the application unless this time requirement is waived in
writing by the applicant. Said determination shall be made by the Risk Manager.
A. If the initial determination by the City is that the applicant is incapacitated, and
the incapacity is industrial, the City Manager will so certify to PERS.
B. If the initial determination is that the applicant is incapacitated but that the cause
of incapacity is nonindustrial, the City Manager will so certify to PERS.
C. If the initial determination is that the applicant is incapacitated, but it is disputed
whether the cause of disability is industrial, the applicant may petition the
Worker's Compensation Appeals Board for a Finding of Fact determining
causation. If the WCAB determines the cause of incapacity to be industrial or
nonindustrial the City will so certify to PERS, subject to the City or the
Applicant seeking judicial review of the determination of the WCAB.
D. If the City determines that the applicant is not incapacitated from the
performance of duty, it shall notify the applicant of this determination. The
City shall notify the applicant by certified mail (return receipt requested) or by
personal service of its intent to certify to PERS its findings that the applicant is
not incapacitated. The applicant will be further advised that he or she has thirty
calendar days within which to advise the City that the applicant requests a
hearing.
2. If the applicant requests a hearing, said hearing shall be held in conformity with
the Administrative Procedures Act. When an applicant requests a hearing, the City will notify
the Office of Administrative Hearings and will request a hearing date and a pre -hearing
conference with an Administrative Law Judge. The applicant will be informed that the hearing
will be held at the time and place designated by the Office of Administrative Hearings which
shall set a hearing date and pre -hearing conference. The applicant will be informed that the
Resolution No. 98 - 144
November 10, 1998
Page Two
hearing will be held within six months of the application date based upon the evidence which is
available as of that time. The applicant may waive the right to a hearing within six months.
A. The hearing shall be conducted before the Administrative Law Judge.
B. An administrative record shall be generated at the hearing pursuant to the
Administrative Procedures Act. All testimony shall be recorded by a Certified Shorthand
reporter.
C. Following the hearing a decision and findings of fact will be made by the
Administrative Law Judge. The decision and findings will be served on the applicant by
certified mail.
D. If the applicant is found to be incapacitated the City shall so certify to PERS. If
applicant is found not to be incapacitated the applicant will be further advised that he or she
has thirty calendar days within which to seek judicial review. Such review is by means of
filing a Petition for Writ of Mandate in the Superior Court of San Diego County within thirty
calendar days after deposit in the mail of the Administrative Law Judge's decision and
findings. Said thirty day period shall apply notwithstanding the provisions of City Council
Resolution No. 14,760.
BE IT FURTHER RESOLVED that Resolution No. 15851 is hereby rescinded.
PASSFT) and ADOPTED this 10th day of November, 1998.
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
•
1 J
George H. iser. lli, City Attorney
George H. Waters, Mayor
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE
November 10, 1998
3
AGENDA ITEM NO.
(-ITEM TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING
RESOLUTION NO. 97-88, CONCERNING THE EXTENSION OF THE 1994-1997
MEMORANDUM OF UNDERSTANDING RFTQEEN THE NATIONAL CITY FIREFIGHTERS'
ASSOCIATION AND THE CITY OF NATIONAL CITY
PREPARED BY
EXPLANATION
Roger C. DeFratis
Personnel Dire
DEPARTMENT Personnel
The City of National City and Firefighters' Association have agreed
that Resolution No. 97-88, which extended the 1994-1997 Memorandum
of Understanding through FY 1997-1998, would be amended to provide
for a 2.5% increase in salary beginning at midnight on June 29, 1998.
Environmental Review X N/A
Financial Statement
An additional $57,000 would be allocated to the Fire Department's 1998-1999 Budget
for this purpose(estimated).
Account No.
STAFF RECOMMENDATION
Adopt resolution_
BOARD ! COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below )
Proposed resolution
Resolution No.
98-145
RESOLUTION NO. 98 - 145
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AMENDING RESOLUTION NO. 97-88, CONCERNING ME EXTENSION OF 1HF
1994-1997 MEMORANDUM OF UNDERSTANDING BETWEEN THE
NATIONAL CITY FIREFIGHTERS' ASSOCIATION AND
1HE CITY OF NATIONAL CITY
BE IT RESOLVED, that the City Council of the City of National City hereby amends
Resolution No. 97-88, to read as follows:
"WHEREAS, the City has met and conferred with representatives of the National City
Firefighters' Association; and
WHEREAS, said meeting and confer was conducted pursuant to California
Government Code Section 3500, et seq.
WHEREAS, negotiations with the Firefighters' Association has resulted in an
agreement to extend the current Memorandum of Understanding for an additional year rya no
changes, provided that all members of the Firefighters' Association shall receive a 2.5,
increase in salary beginning at midnight on June 29, 1998.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City does hereby extend the 1994-97 Memorandum of Understanding between ±e
Firefighters' Association and the City of National City through June 30, 1998 with no changes,
provided that all members of the Firefighters' Association shall receive a 2.5% increase in
salary beginning at midnight on June 29, 1998. A copy of said agreement is on file in ?-.e
Office of the City Clerk."
PASSED and ADOPTED this 10`h day of November, 1998.
ATTEST:
Michael R. Dalla. City Clerk
APPROVED AS TO FORM:
•
George H. Eiser, III, City Attorney
George H. Waters, Mayor
CIosed Session Report
Date of Closed Session:
Purpose:
❑ §54956.7 License/Permit Determination
Q §54956.8 Real Property Negotiations
❑ §54956.9 Pending Litigation
§54957.6 Labor Negotiations
Q §54957 Threat: Employee Appointment
Evaluation, Discipline
Subject Matter of Session:
October 28
, 1998
NOT A PUBLIC RECORD
UNTIL THE INFORMATION IN THIS BOX IS
COMPLETED. SIGNED BY AN AUTHORIZED
REPRESENTATIVE OF THE CITY ATrORNEY'S
OFFICE
Retesse Authorized:
Mp r m}er S , 19 98
By:
rhe: George H. Eiser, III
City Attorney
Prope^y Identification (if applicable): N/A
Name of Case and Court Number (if applicable): N/A
Acdon(s) taken or directions given: Amendment of Resolution 97-88 to provide for 2.5% salary
increase as part of extension of 1994-97 Memorandum of Understanding; Approval of
Melmra-uium of Understanding for Fiscal Years 1998-99, 1999-2000, 2000-2001
Council Members and Their Votes:
Name:
Aye
No
Abstain
Absent
Mayor Waters
X
Vice Mayor Inzunza
X
Councilman Beauchamp
X
Councilman Morrison
X
Councilwoman Zarate
X
Voting Tally
5
Non -Disclosure of action taken recommended (check if yes) ❑
Legal Justiticsion (if yes) (see §54957.1):
❑ Disclosure would interfere with service of process
G Disclosure would impair ability to settle
Q Negotiations not compieteifinal agreement not approved
❑ Employee dismissal/administrative remedies not exhausted
:planation:
If sosct acc use 1is. uSiilie:: ay ,—„son of
cord -tie: of tnter=t.
./ If aosctt Cc; .—_sons other thins ciscua iicd
Dy Tyson of Canlli0: of iraernr
.pproved:
:eorge Eiser, City Attorney, City of National City
y:
Dates: Noveirrer 5, 1998
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE 1`IavHrs 10, 1998 AGENDA ITEM NO 4
ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING
A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NATIONAL CITY AND NATIONAL
CITY FIREFIGHTERS' ASSOCIATION FOR FISCAL YEARS 1998-1999, 1999-2000, 2000-2001
PREPARED BY
EXPLANATION.
Roger C. DeFratis
Personnel Dire .r
DEPARTMENT
Personnel
The City of National City and Firefighters' Association negotiations have reached agreement
on a Memorandum of Understanding for FY 1998-1999 through FY 2000-2001. The
agreement reached is within the guidelines established by the Council. A Summary of the
Agreement is attached, and the complete MOU is on file in the City Clerk's Office.
IEnvironmental Review X N/A
Financial Statement
This agreement would direct the City Manager to allocate an additional $68,706 to the Fire
Department's 1998-1999 Budget for this purpose.
STAFF RECOMMENDATION
Account No
Recommend approval of the Memorandum of Understanding and proposed Resolution.
BOARD/COMMISSION RECOMMENDATION
N/A
ATTACHMENTS { Listed Below)
1. Proposed Resolution
2. Summary of Changes
3. MOU on file in the City Clerk's Office
Resolution No 93--
RESOLUTION NO. 98 — 146
RESOLUTION OF 1HE CITY COUNCIL OF 173E CITY OF NATIONAL CITY
APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF NATIONAL CITY AND NATIONAL CITY FIREFIGHTERS' ASSOCIATION
FOR FISCAL YEARS 1998-99, 1999-2000, 2000-2001
WHEREAS, the City has met and conferred with representatives of the National City
Firefighter's Association; and
WHEREAS, said meet and confer was conducted pursuant to California Government
Code Section 3500, et seq.
NOW, THEREFORE, BE IT RESOLVED as follows:
SECTION 1. The City Manager is hereby authorized to enter into Memorandum of
Understanding (MOU) between the City of National City and the National City Firefighters'
Association for the period July 1, 1998 through June 30, 2001.
SECTION 2. The City Manager is hereby directed to reflect the compensation plan as
set forth in the subject MOU in the final budget for Fiscal Year 1998-99.
A copy of said Memorandum of Understanding shall be on file in the office of the City
Clerk and reference is made thereto for all particulars contained therein.
PASSED and ADOY1this 10th day of November, 1998.
George H. Waters, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
/IL.=
George H. Eiser, III, City Attorney
SUMMARY OF AGREEMENT
FFA NEGOTIATIONS
FIREFIGHTER M.O.U.
MAJOR ISSUES
CONTRACT TERM
3 Year
SALARIES
July, 1998: 3%
July, 1999: 3%
July, 2000: 4%
OVERTIME
Implement D.O.L. pay model to
eliminate 2.5 overtime pay and
distribute savings to other
benefits
HOLIDAY PAY
(NEW)
Pay approximately 11 hours of
pay/pay period to
compensate for no holidays.
HEALTH INSURANCE
Increase health benefits
$20.30/month.
LIFE INSURANCE
Increase coverage to $15,000
employee.
BILINGUAL PAY
(NEW)
Add Bilingual Pay of $40/month
COSTS: FY 1998-1999 $68,706
A:IMSWORD rTANEOO.00c 9E
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE November 10, 1998
AGENDA ITEM NO. 5
(-ITEM TITLE
PREPARED BY
Resolution Accepting the Work for the Library Re -Roof Project and Authorizing the
Filing of the Notice of Completion
Kathleen Trees
Plan Check Engineer
DEPARTMENT
Building & Safety Department
EXPLANATION
The City Council awarded the contract for the Library Re -Roofing Project (Building & Safety
Department Specification No. 1563) to Seaside Maintenance, Inc. in the amount of $86,859.12. The
work has been completed in subtantial compliance with the project's specifications.
Attached is a change order that was approved during the course of construction. The first item was for
a reduction in the scope of tear -off work. The second item was for the replacement of the existing
damaged plastic roof panels at the patio. The net effect of both items was a $3,588.57 reduction in the
contract price, bring the final project cost to $83,270.55
Attached for Council's consideration is a Resolution accepting the work and authorizing the filing of the
Notice of Comperion.
Environmental Review x N/A
Financial Statement
Funds are available in C.I.P. Account No. 301-509-500-598-1563.
Account No.
STAFF RECOMMENDATION
Adopt the Resolution.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below )
Resolution.
Contract Change Order.
98-_4 7
Resolution No.
A-2CC 19;BOi
RESOLUTION NO. 98- 147
RESOLUTION OF THE CITY COUNCIL OF till,
CITY OF NATIONAL CITY ACCEPTING ME WORK
AND AUTHORIZING 1HE FILING OF 1'HJ
NOTICE OF COMPLETION, AND APPROVING
CHANGE ORDER NO. 1 FOR 11HE REROOFING OF THE LIBRARY
(BUILDING AND SAFETY DEPARTMENT SPECIFICATION NO. 1563)
BE IT RESOLVED by the City Council of the City of National City, California, as
follows:
It appearing to the satisfaction of the Building and Safety Department that all work
required to be done by SEASIDE MAINTENANCE, INC., Building and Safety Department
Specification No. 1563, for the reroofing of the Library has been completed, the City Council
of National City hereby accepts said work and authorizes the filing of a Notice of Completion
and orders that payment for said work be made in accordance with said contract.
BE IT FURTH±:R RESOLVED that change Order No. 1 is hereby approved.
PASSED and ADOPTED this 10th day of November, 1998.
ATTEST:
Michael R. Dalla. City Clerk
APPROVED AS TO FORM:
George H. Eiser. Di, City Attorney
George H. Waters, Mayor
RECORDING REQUESTED BY
WIEEM RECORDED MAIL TO
NAM[
CITY CLERK/CITY OF NATIONAL CITY
ETIEET
AOOIQS
1243 NATIONAL CITY BLVD.
OTT.
ITAT[ • IIr
NATIONAL CITY, CA 91950
(space above this tine for recorder's use)
NOTICE OF COMPLETION
CALIFORNIA CIVIL CODE SECTION 3093
NOTICE IS HEREBY GIVEN of the completion on NOVERMBER 3, . 1998 . of the
LIBRARY RE —ROOF PROJECT (BUILDING DEPARTMENT SPECIFICATION NO. 1563
Work of improvement or portion of work of improvement under construction or alteration.
on the premises located at 200 12TH STREET NATIONAL CITY CA 9195C-4397
Street Address City State Zip Code
The undersigned owns the following interest or estate in said property: OWNER
Nature of the interest or estate of owner (mortgagor, lessee. etc.)
Said work of improvement was performed on the property pursuant to a cone-dct with
SEASIDE MAINTENACE, INC.
Name of Original Contractor
The following work and material were supplied: ALL LABOR, MATERIALS, AND SL_=LT_ES TO
General statement of kind of labor. services. equipmern t or materials
RE —ROOF THE LIBRARY, INCLUDING REPLACEMENT OF ROOF PANELS AT THE PAT=D.
The names and addresses of co -owners are: CITY OF NATIONAL CITY, 12! NATIONAL
OT1'Y 8TVD., NATIONAL CITY, CA 91950
Joint tentants. tenants in common. or other owners
Dated: "OVPMBER ? , 19 98
Signature of Owner
City of National City. 1243 National City Blvd.. National Clty, CA 91950
I. the undersigned. say: I have read the foregoing Notice of Completion and know the contents
thereof: the same is true of my own knowledge. I declare under penalty of perjury that the forgoing
is true and correct.
Executed on NOVII:IBER 3 . 19 98 . at NATIONAL CITY
. California.
Signature:
GEORGE H. WATERS. MAYOR
.•.. c GNI-171=cw c-r Gai.raGsy C7t17,1.X
SPECIFICATION NO. i`57 DATIt fi,r.har 77 1.)4d
CRANGI OSDES MO. 1 PEOJECT NO.
pioacT1 LI31ARY AE-ADoi PAO.;ECT
Z9a ( ToR) SEASIDE 144121722iAJCZ. INC.
You Are Sarab1 raepwstad to eamply rit.h tie tellsriat Mows 11.00 %As contract piss And
etec irisatiws i
ITEM
S0.
S11
2
ORSt011rriolf OP CDANCES--Q..ANYT.eI. ORTS.
OBIT PRICii, ORANGE IN CO IISTION SCSIDDLEI
AND JDSTITICAZION. (2)
Deduct the pries of the tear -off from the
contract price. end add 1d tha prate
differfnce for a 40 mil bass sheet as sa
upgrade to the specified ander'_aYeant
per attached.
Replace the damaged plastle roof panel* at
tha patio cover
CRANGZ IN CONTRACT PRICE VOL TO TITS
CNA = ORDER:
TOTAL DSC2ZASI
TOTAL DC2LSZ
o= TERENCE WNW COL, (3) sad (A)
NET (INCREASI) (DRCSEASL) CONTRACT PRICE
DEf1LAS* ID
GaRSACT PRIES
u)
$1,313.88
S 3.5R8 "7
cane Z PESO
(A)
3727.31
1777 '1
S
i
o=TGINAL GoNTRACT MCI: A 86.339.1.2
MOIST CONTRACT PRICE. AS ADJUSTED BY PSIVIOUS CLANGS ORDZESs Sea RSI ' 7
TEE Eli Of $ 3�588.57 IS USSSY SEMEOCIEK =lt T= P. TIM TOTAL CLOSIDer
COrrLCT Puts. AND TOTAL ADJUSTED CONTRACT PS= To DATE TIMM IS i83 -•5
T>ZTZS FROVIDED(- ))DAYLON S.�TIZESTOO. CONT A TIM
I 75 Ix
( I)97AYS, AED TER REVISED DATE POt EN! CO MEET= Cl ALL MOSS tdiTIE
02wruCT PILL u
TORS oeCtS EKT BEALL uCO(t AN AMENDMENT TO TES 001N111ACT AND ALL PS mums of ISE COMACT
WILL APPLY fSTTO. TEE CONTRAC'TOS ACCSPTI MIS MANGE CEDER AS PO= causurT I TOS
ADDITIONAL mu AID Alf! DENY TO TES PROJSC'T CAUSED SY TLIS CEA11Gi ORDER.
TEl CRANES ORDER VAS MORS= NY TIE (OOrTLCTO/CITr) og
PSuARSD Sr, MICHAEL V. 30USE CC:O7}P,l 27
I ROUST FRENCH TEE UNDERSIGNED OOSRRAC?OS. RAVE CVO CARSSUL
CONSSLSATILR iti pit GEANOif PIOTOSID AND REMY AGSM IP TAR V2OPOLAL IS APPROVE: MAT
Yi VILE. PROVED! W. SOUIP!®NT. P(RI= ALL MATS IAl3. SUCEPT AS NAY OTt= SE NOT=
ASf7Mi, AND P>R1'OSN ALL -• MICES*ASY PCR IQ NOOK ABOVE uscarsp. AND OILS. AC27 i3
TOLL Faun • • •a•: •_ •. 1RTCE
ACCIPr D - cl
�Ars
AOBEAT rSESCH
I AIGNAIVu
RAKS
£PPSo4RD IY1(17 ),cLC
AUILC1]G I SAFETY OIAZG:ON
AMMO 172 4!A .SATE
CITY KA Actk
TIT.I
U2L131.t7T:Of NO.
DAT!
Seaside Maintenance, 9nc.
105 Calle De Los jWolines ' San Clemente, California 92672
REQUEST FOR CHANGE ORDER
This letter is in response to our meeting on Thursday, July 17, 1997 We have determined
that due to the low slope on the building, a tear off without the benefit of two plies set in
hot asphalt as the underlayment would raise the risk of leaking to unacceptable levels.
As a result, we are requesting that we be allowed to take the following action:
1. Deduct the price of the tear off from the bid.
Add in the price difference for a 40 mil base sheet as an upgrade to the
underlayment.
The bid breaks down as follows:
Total area under consideration:
Tear off Cost: 540.00 per square foot (no waste)
Cost of 58 rolls of specified material
at $22.86 per 300 sq. ft roll. (includes 10% waste)
Cost of 53 rolls of proposed 40 mil underlayment
at 553.45 per 300 sq. ft. roll (includes 10% waste)
15,600 square feet.
S6,240.00 (deduct front bid)
S 1325.88 (deduct form bid)
$3,100.00 (add to bid)
Bid amount:
Deduct tear off:
Deduct specified base sheet:
Add cost of new base sheet:
Add cost of longer :fails:
Net new bid amount:
SUMMARY
586,859.12
<56,240.00>
<51,325.88>
$3. 00.00
5150.00
S82, 543.24
It should be noted that we will offer a contractor guarantee on this revised system against
leaks. All other aspects of the specification will remain the same.
(949) 366-1520 * 3 4X (949) 366-9654
State License 711586
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE November 10, 1998
6
AGENDA ITEM NO.
ITEM TITLE RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF
NATIONAL CITY AND ROBERT H. LEIN TO PROVIDE CONTRACT SERVICES IN THE
POLICE DEPARTMENT'S PROPERTY AND EVIDENCE UNIT.
PREPARED BY DEPARTMENT
Captain Craig Short Police afy
EXPLANATION.
The Police Department has a need for contract services to bring its Property and Evidence unit
up to current standards in terms of disposing of property and redesigning its processes. Retired
El Cajon Police Department Lieutenant Robert H. Lein, an expert in the field, has proposed to
perform the tasks associated with these needs on a contract basis over an 18 month period.
Those tasks include, but are not limited to the following: Examine all property inventory:
redesign packaging, intake and control procedures; train all user personnel; establish property
retention criteria: identify property to be purged; perform all legal disposition requirements and
obtain all court destruction orders; design narcotics and firearms disposal plans; ready assets for
conversion: return all owner identified property; purge all other appropriate property, and
prepare an operating procedures manual.
Environmental Review
Financial Statement
Contract payments not to exceed $75,000.00. Funding available in Police Department personal
services account (full-time salaries). c�yn Ac�� o 001-411-000-101
`
STAFF RECOMMENDATION
X N/A
Authorize Mayor to enter into this contract agreement.
BOARD/COMMISSION RECOMMENDATION
ATTACHMENTS (Listed Below)
Resolution No 98-148
1. Agreement by and between the City of National City and Mr. Robert H. Lein
RESOLUTION NO. 98 — 148
RESOLUTION OF THE CITY COUNCIL OF TEE
CITY OF NATIONAL CITY AUTHORIZING 1'111.
MAYOR TO EXECUTE AN AGREEMENT BY AND
BETWEEN 1'HE CITY OF NATIONAL CITY AND
ROBERT H. LEIN TO PROVIDE SERVICES
IN 1HE POLICE DEPARTMENT'S
PROPERTY AND EVIDENCE UNIT
WHEREAS, the CITY desires to employ a contractor to audit, reorganize and
streamline the National City Police Department Property System; and
WHEREAS, the CITY has determined that Robert H. Lein is qualified by experience
and ability to perform the services desired by the CITY, and is willing to perform such
services.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute an agreement with Robert H. Lein to
provide services in the Police Department's Property and Evidence Unit. Said agreement is on
file in the office of the City Clerk.
PASSED and ADOPTED this 10th day of November, 1998.
George H. Waters, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVFT) AS TO FORM:
George H. Eiser, III, City Attorney
AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
ROBERT H. LIEN
THIS AGREEMENT is entered into this day of October, 1998,
by and between the CITY OF NATIONAL CITY, a municipal corporation (the
"City"), and Robert H. Lien , (the "CONTRACTOR").
RECITALS
WHEREAS, the CITY desires to employ a CONTRACTOR to audit,
reorganize and streamline the National City Police Department Property System.
WHEREAS, the CITY has determined that the CONTRACTOR is
qualified by experience and ability to perform the services desired by the CITY,
and the CONTRACTOR is willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE
AS FOLLOWS:
1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to
engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform
the services hereinafter set forth in accordance with all terms and conditions
contained herein.
The CONTRACTOR represents that all services required hereunder
will be performed directly by the CONTRACTOR or under direct supervision of
the CONTRACTOR.
1
2. SCOPE OF SERVICES. The CONTRACTOR will perform
services as set forth in the attached Exhibit A and B.
The CONTRACTOR shall be responsible for all research and reviews
related to the work and shall not rely on personnel of the CITY for such
services, except as authorized in advance by the CITY. The CONTRACTOR
shall appear at meetings cited in Exhibit A and B to keep staff and City Council
advised of the progress on the project.
The CITY may unilaterally, or upon request from the
CONTRACTOR, from time to time reduce the Scope of Services to be
performed by the CONTRACTOR under this Agreement. Upon doing so, the
CITY and the CONTRACTOR agree to meet in good faith and confer for the
purpose of negotiating a corresponding reduction in the compensation
associated with said reduction in services.
3. PROJECT COORDINATION AND SUPERVISION
Captain Craig Short hereby is designated as the Project Coordinator for the CITY
and will monitor the progress and execution of this Agreement. The
CONTRACTOR shall assign a single Project Director to provide supervision and
have overall responsibility for the progress and execution of this Agreement for
the CONTRACTOR. Robert H. Lein hereby is designated as the Project Director
for the CONTRACTOR.
2
4. COMPENSATION AND PAYMENT. The compensation for the
CONTRACTOR shall be based on billings covering actual work performed.
Billings shall be based on increments of 1/6th (one -sixth) of the total contract
price upon submission of each progress report delineated in Exhibit B. The total
cost for all work described in Exhibit A and B shall not exceed $75,000
without prior written authorization from the City Manager.
Invoices will be processed for payment and remitted within thirty
(30) days from receipt of invoice, provided that work is accomplished consistent
with Exhibit B as determined by the CITY.
Tne CONTRACTOR shall maintain all books, documents, papers,
employee time sheets, accounting records, and other evidence pertaining to
costs incurred and shall make such materials available at its office at all
reasonable times during the term of this Agreement and for three (3) years from
the date of final payment under this Agreement, for inspection by the CITY and
for furnishing of copies to the CITY, if requested.
5. LENGTH OF AGREEMENT. Completion dates or time
durations for specific portions of the Project are set forth in Exhibit B.
6. DISPOSITION OF DOCUMENTS. The Memoranda, Reports,
Maps, Drawincs, Plans, Specifications and other documents prepared by the
CONTRACTOR for this Project shall become the property of the CITY for use
solely with respect to this Project, and shall be turned over to the CITY upon
3
completion of the Project, or any phase thereof, contemplated by this
Agreement.
7. INDEPENDENT CONTRACTOR. Both partes hereto in the
performance of this Agreement will be acting in an independent capacity and
not as agents, employees, partners or joint venturers with one another. The
CONTRACTOR is not an employee of the CITY and is not entitled to any of the
rights, benefits, or privileges of the CITY's employees, including but not limited
to medical, unemployment, or workers' compensation insurance.
This Agreement contemplates the personal services of the
CONTRACTOR, and it is recognized by the parties that a substantial inducement
to the CITY for entering into this Agreement was, and is, the professional
reputation and competence of the CONTRACTOR. Contractor has represented
he will not employ any other person to perform this wcr'.<. Neither this
Agreement nor any interest herein may be assigned by the CONTRACTOR
without the prior written consent of the CITY. Nothing herein contained is
intended to prevent the CONTRACTOR from employing or hiring as many
employees as the CONTRACTOR may deem necessary for the proper and
efficient performance of this Agreement.
8. CONTROL. Neither the CITY nor its o f f iicers, agents or
employees shall have any control over the conduct of the CONTRACTOR or any
of the CONTRACTOR's employees except as herein set forth, and the
CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the
4
CONTRACTOR's agents, servants, or employees are in any manner agents,
servants or employees of the CITY, it being understood that the CONTRACTOR,
its agents, servants, and employees are as to the CITY wholly independent
contractors and that the CONTRACTOR's obligations to the CITY are solely
such as are prescribed by this Agreement.
9. COMPLIANCE WITH APPLICABLE LAW. The
CONTRACTOR, in the performance of the services to be provided herein, shall
comply with all State and Federal statutes and regulations, and all ordinances,
rules and regulations of the City of National City whether now in force or
subsequently enacted. The CONTRACTOR, and its subcontractors, shall obtain
a current City of National City business license prior to performing any work
within the City.
10. LICENSES, PERMITS, ETC. The CONTRACTOR represents
and covenants that it has all licenses, permits, qualifications, and approvals of
whatever nature that are legally required to practice its profession. The
CONTRACTOR represents and covenants that the CONTRACTOR shall, at its
sole cost and expense, keep in effect at all times during the term of this
Agreement, any license, permit, or approval which is legally required for the
CONTRACTOR to practice its profession.
11. STANDARD OF CARE. The CONTRACTOR, in performing
any services under this Agreement, shall perform in a manner consistent with
5
that level of care and skill ordinarily exercised by members of the profession
currently practicing under similar conditions and in similar locations.
12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR
will not discriminate against any employee or applicant for employment because
of age, race, color, ancestry, religion, sex, sexual orientation, marital status,
national origin, physical handicap, or medical condition. The CONTRACTOR will
take positive action to insure that applicants are employed without regard to
their age, race, color, ancestry, religion, sex, sexual orientation, marital status,
national origin, physical handicap, or medical condition. Such action shall
include but not be limited to the following: employment, upgrading, demotion,
transfer, recruitment or recruitment advertising, layoff or termination, rates of
pay or other forms of compensation, and selection for training, including
apprenticeship. The CONTRACTOR agrees to post in conspicuous places
available to employees and applicants for employment any notices provided by
the CITY setting forth the provisions of this non-discrimination clause.
13. CONFIDENTIAL INFORMATION. The CITY may from time to
time communicate to the CONTRACTOR certain confidential information to
enable the CONTRACTOR to effectively perform the services to be provided
herein. The CONTRACTOR shall treat all such information as confidential and
shall not disclose any part thereof without the prior written consent of the
CITY. The CONTRACTOR shall limit the use and circulation of such informa-
tion, even within its own organization, to the extent necessary to perform the
6
services to be provided herein. The foregoing obligation of this Section 13,
however, shall not apply to any part of the information that (i) has been
disclosed in publicly available sources of information; (ii) is, through no fault of
the CONTRACTOR, hereafter disclosed in publicly available sources cf
information; (iii) is already in the possession of the CONTRACTOR without any
obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to
the CONTRACTOR by a third party, but only to the extent that the use cr
disclosure thereof has been or is rightfully authorized by that third party.
The CONTRACTOR shall not disclose any reports, recommenda-
tions, conclusions or other results of the services or the existence of the subject
matter of this Agreement without the prior written consent of the CITY. In its
performance hereunder, the CONTRACTOR shall comply with all lecai
obligations it may now or hereafter have respecting the information or other
property of any other person, firm or corporation.
14. HOLD HARMLESS. The CONTRACTOR agrees to indemnify,
defend, and hold harmless the City of National City, its officers, employees and
volunteers, against and from any and all liability, loss, damages to property,
injuries to, or death of any person or persons, and ail claims, demands, suits,
actions, proceedings, costs or attorneys' fees, of any kind or nature, including
workers' compensation claims, of or by anyone whomsoever, in any way
resulting from cr arising out of the CONTRACTOR's performance of this
Agreement.
7
15. WORKERS' COMPENSATION. The CONTRACTOR shall
comply with all of the provisions of the Workers' Compensation Insurance and
Safety Acts of the State of California, the applicable provisions of Division 4
and 5 of the California Government Code and all amendments thereto; and ail
similar state or Federal acts or laws applicable; and shall indemnify, defend and
hold harmless the CITY and its officers, employees and volunteers from and -
against all claims, demands, payments, suits, actions, proceedings and
judgments of every nature and description, including attorney's fees and costs
presented, brought or recovered against the CITY or its officers, employees, cr
volunteers, for or on account of any liability under any of said acts which may
be incurred by reason of any work to be performed by the CONTRACTOR under
this Agreement.
16. INSURANCE. The CONTRACTOR, at its sole cost and
expense, shall purchase and maintain throughout the term of this agreement,
the following insurance policies:
a. Automobile insurance covering all bodily injury and property
damage incurred during the performance of this Agreement, with a minimum
coverage of $300,000 combined single limit per accident. Such automobile
insurance shall include non -owned vehicles.
b. Workers' compensation insurance covering all of its employ-
ees and volunteers at such time as any are hired by contractor.
8
c. The aforesaid policies shall constitute primary insurance as to
the CITY, its officers, employees, and volunteers, so that any other policies held
by the CITY shall not contribute to any loss under said insurance. Said policies
shall provide for thirty (30) days prior written notice to the CITY of cancellation
or material change.
d. Said policies, except for the professional liability and worker's
compensation policies, shall name the CITY and its officers, agents and
employees as additional insureds.
e. This Agreement shall not take effect until certificate(s) or
other sufficient proof that these insurance provisions have been complied with,
are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR
does not keep all of such insurance policies in full force and effect at all times
during the terms of this Agreement, the CITY may elect to treat the failure to
maintain the requisite insurance as a breach of this Agreement and terminate
the Agreement as provided herein.
f. If required insurance coverage is provided on a "claims made"
rather than "occurrence" form, the CONTRACTOR shall maintain such insurance
9
coverage for three years after expiration of the term (and any extensions) of this
Agreement.
g. Any aggregate insurance limits must apply solely to this
Agreement.
17. LEGAL FEES. If any party brings a suit or action against the
other party arising from any breach of any of the covenants or agreements or
any inaccuracies in any of the representations and warranties on the part of the
other party arising out of this Agreement, then in that event, the prevailing party
in such action or dispute, whether by final judgment or out -of -court settlement,
shall be entitled to have and recover of and from the other party all costs and
expenses of suit, including actual attorneys' fees.
18.-: MEDIATION/ARBITRATION. If a dispute arises out of or
relates to this Agreement, or the breach thereof, the parties agree first to try, in
good faith, to settle the dispute by mediation in San Diego, California, in
accordance with the Commercial Mediation Rules of the American Arbitration
Association the ("AAA") before resorting to arbitration. The costs of mediation
shall be borne equally by the parties. Any controversy or claim arising cut of, cr
relating to, this Agreement, or breach thereof, which is not resolved by
mediation shall be settled by arbitration in San Diego, California, in accordance
with the Commercial Arbitration Rules of the AAA then existing. Any award
rendered shall be final and conclusive upon the parties, and a judgment thereon
may be entered in any court having jurisdiction over the subject matter of the
10
controversy. The expenses of the arbitration shall be borne equally by the
parties to the arbitration, provided that each party shall pay for and bear the
costs of its own experts, evidence and attorneys` fees, except that the
arbitrator may assess such expenses or any part thereof against a specified
party as part of the arbitration award.
19. TERMINATION. This Agreement may be terminated with or
without cause by the CITY. Termination without cause shall be effective only
upon 60-day written notice to the CONTRACTOR. During said 60-day period
the CONTRACTOR shall perform all services in accordance with this Agree-
ment.
This Agreement may also be terminated immediately by the CITY
for cause in the event of a material breach of this Agreement, misrepresentation
by the CONTRACTOR in connection with the formation of this Agreement or
the performance of services, or the failure to perform services as directed by the
CITY.
Termination with or without cause shall be effected by delivery of
written Notice of Termination to the CONTRACTOR as provided for herein.
In the event of termination, ail finished or unfinished Memoranda
Reports, Maps, Drawings, Plans, Specifications and other documents prepared
by the CONTRACTOR shall become the property of and be delivered to the
CITY, and the CONTRACTOR shall be entitled to receive just and equitable
compensation for any work satisfactorily completed on such documents and
11
other materials up to the effective date of the Notice of Termination, not to
exceed the amounts payable hereunder, and less any damages caused the CITY
by the CONTRACTOR's breach, if any.
20. NOTICES. All notices or other communications required or
permitted hereunder shall be in writing, and shall be personally delivered; or sent
by overnight mail (Federal- Express or the like); or sent by registered or certified
mail, postage prepaid, return receipt requested; or sent by ordinary mail,
postage prepaid; or telegraphed or cabled; or delivered or sent by telex,
telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if
personally delivered, the date of delivery to the address of the person to receive
such notice, (ii) if sent by overnight mail, the business day following its deposit:
in such overnight mail facility, (iii) if mailed by registered, certified or ordinary
mail, five (5) days (ten (10) days if the address is outside the State of California)
after the date of deposit in a post office, mailbox, mail chute, or other like
facility regularly maintained by the United States Postal Service, (iv) if given by
telegraph or cable, when delivered to the telegraph company with charges
prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any
notice, request, demand, direction or other communication delivered or sent as
specified above shall be directed to the following persons:
12
To CITY: Tom G. McCabe
City Manager
City of National City
1243 National City Boulevard
National City, CA 91950
To CONTRACTOR:
Robert H. Lein
957 South Mollison Avenue
El Cajon, CA 92020
Notice of change of address shall be given by written notice in the
manner specified in this Section. Rejection or other refusal to accept or the
inability to deliver because of changed address of which no notice was given
shall be deemed to constitute receipt of the notice, demand, request or
communication sent. Any notice, request, demand, direction or other
communication sent by cable, telex, telecopy, facsimile or fax must be
confirmed within forty-eight (48) hours by letter mailed or delivered as specified
in this Section.
21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not
perform services of any kind for any person or entity whose interests conflict in
any way with those of the City of National City. The CONTRACTOR shall at all
13
times comply with the terms of the Political Reform Act and the National City
Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself
and shall not use its official position to influence in any way any matter coming
before the CITY in which the CONTRACTOR has a financial interest as defined
in Government Code Section 87103. The CONTRACTOR represents that it has
no knowledge of any financial interests which would require it to disqualify itself
from any matter on which it might perform services for the CITY.
The CONTRACTOR shall comply with all of the reporting require-
ments of the Political Reform Act and National City regulations. Specifically,
the CONTRACTOR shall file Statements of Economic Interest with the City
Clerk of the City of National City in a timely manner on forms which the
CONTRACTOR shall obtain from the City Clerk, if required by the National City
Conflict of Interest Code as determined by the City Attorney of the City of
National City.
22_ MISCELLANEOUS PROVISIONS.
a. Computation of Time Periods. If any date or time period
provided for in this Agreement is or ends on a Saturday, Sunday or federal,
state or legal holiday, then such date shall automatically be extended until 5:00
p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal,
state or legal holiday.
14
b. Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original, but all of which,
together, shall constitute but one and the same instrument.
c. Captions. Any captions to, or headings of, the sections or
subsections of this Agreement are solely for the convenience of the parties
hereto, are not a part of this Agreement, and shall not be used for the
interpretation or determination of the validity of this Agreement or any provision
hereof.
d. No Obligations to Third Parties. Except as otherwise
expressly provided herein, the execution and delivery of this Agreement shall
not be deemed to confer any rights upon, or obligate any of the parties hereto,
to any person or entity other than the parties hereto.
e. Exhibits and Schedules. The Exhibits and Schedules attached
hereto are hereby incorporated herein by this reference for all purposes.
f. Amendment to this Agreement. The terms of this Agreement
may not be modified or amended except by an instrument in writing executed
by each of the cartes hereto.
g•
Waiver. The waiver or failure to enforce any provision of this
Agreement shall not operate as a waiver of any future breach of any such
provision or any other provision hereof.
15
h. Applicable Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of California.
i. Entire Agreement. This Agreement supersedes any prior
agreements, negotiations and communications, oral or written, and contains the
entire agreement between the parties as to the subject matter hereof. No
subsequent agreement, representation, or promise made by either party hereto,
or by or to an employee, officer, agent or representative of any party hereto
shall be of any effect unless it is in writing and executed by the party to be
bound thereby.
j. Successors and Assigns. This Agreement shall be binding
upon and shall inure to the benefit of the successors and assigns of the parties
hereto.
k. Construction. The parties acknowledge and agree that (i)
each party is of equal bargaining strength, (ii) each party has actively
participated in the drafting, preparation and negotiation of this Agreement, (iii)
each such party has consulted with or has had the opportunity to consult with
its own, independent counsel and such other professional advisors as such
party has deemed appropriate, relative to any and all matters contemplated
under this Agreement, (iv) each party and such party`s counsel and advisors
have reviewed this Agreement, (v) each party has agreed to enter into this
Agreement following such review and the rendering of such advice, and (vi) any
16
rule or construction to the effect that ambiguities are to be resolved against the
drafting party shall not apply in the interpretation of this Agreement, or any
portions hereof, or any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the date and year first above written.
CITY OF NATIONAL CITY
CONTRACTOR
By: By:
George H. Waters, Mayor Robert H. Lein
APPROVED AS TO FORM:
George H. Eiser, Ill
City Attorney
17
PROPOSAL TO AUDIT, REORGANIZE AND
STREAMLINE THE NATIONAL CITY POLICE
DEPARTMENT PROPERTY SYSTEM
To: City Manager, Tom McCabe
City of National City
From: Robert H. Lein
957 South Mollison Avenue
El Cajon, CA 92020
Home (619) 442-6383
Pager (619) 979-7180
September 25, 1998
E *te r
A
PROPOSAL TO AUDIT, REORGANIZE, AND STREAMLINE THE NATIONAL CIi
POLICE DEPARTMENT PROPERTY SYSTEM
Statement Problem
On September 16, 1998, I had an occasion to do a walk through of the National City ?dice
Department Property Room. I was able to view the intake storage and purging process D-
operation. I physically examined several areas of the Property Room and spoke with both pr-pe-_y
clerks. I also spoke with the lieutenant in charge of the Investigations Division.
I determined the actual submission of property by police officers was an archaic system, invcivi .z
paperwork that was not useful in maintaining chain of custody issues as the property is moved
through the system Consequently, the property clerks were required to handle more paperwork
necessary.
In observing the general Property Room, it is obvious the storage area is overcrowded. Prone_ V
coming into this- area is stored on the floor and stacked in front of full shelves. The size cf =e
Property Room should handle all your property needs once the system is reorganized.
A major problem appears to be one of a lack of routine property purging. In questions Me
employees, it appears that no pro -active purging is taking place. In fact, the only purging which has
taken place is on request by individual detective personnel. As a result, much more prc�e_^v
comes into than is being eliminated. There are two additional storage sites where property is h~.f__
because of the overflow. I believe if the current Property Room is streamlined and purged. ::: -�
be able to handle all property coming in for several years. In speaking. with the property clerks abc
many of these issues, especially in the area of purging, their responses were they don't have try=
or direction to get the job done.
There appears to be an excessive amount of firearms, bicycles, and other bulk property, which
and can be immediately dealt with. Other critical issues observed were hazardous materials_ such
as flammables being stored inside the facility, and biological fluids that have been stored for
years, and pose medical contamination and extreme safety issues for your department.
Proposal
I propose a complete reorganized system. By modifying the submission and intake proced
streamlining the documentation requirements, we will be able to minimize a large percentage. =f
work currently being done by the property clerks. These modifications will correct chain of c-__c&
of evidence, and allow for easy access to property history on every item stored. At the present uze.
history relative :o the chain of custody is questionable because of so many scattered ites
individual property cases.
I will make the needed assessments and recommendations to the National City Police Department
staff and once approved we will be able to train the property personnel, police officers, supervisors
and management staff on the new procedures required. With the proper support and materials
required for the changes we will be able to conduct a major purging project. This will require court
orders on numerous cases, which I will also facilitate. The purging process will involve several
aspects such as return of property to owners, auctions, city conversion and waste disposal. There
may be several items in the Property Room that can be utilized by the City of National City, and I
believe there is an undetermined amount of funds available for city conversion.
I will conduct the necessary needs assessments, modification recommendations, implementation and
training, along with purging and physical reorganization during an 18 month period. I will facilitate
the needed changes and will supervise the current property personnel as an interim m'-nnger. No
changes or work will commence without the notification and/or approval of the Office of the Chief
of Police or his designated staff liaison.
Cost of Program
As an independent contractor working for the City of National City, my fee will be S75,000.00.
There would be a performance contract for 18 months. The performance contract would list
performance objectives to be accomplished and will schedule progress reports on those objectives.
When the project is completed, the property system will be ready for a bar coding system, which
should be part of the proposed CAD/RMS system the department is currently reviewing. I will also
avail myself to the City of National City in the selection process of a new property supervisor if
desired.
City of
HUNTINGTON PARK
POLICE DEPARTMENT
..r
_, 7 �y„ (213) 584-6291 • FAX (213) 581-9080
September 24, 1998
A. L. DiCerchio. Chief of Police
National City Police Department
1200 National City Blvd.
National City, CA 9 950
Dear Chief DICe.chio:
6542 MILES AVENUE • HUNTINGTON PARK. CA 90255-4386
RANDY E. NARRAMORE
CHIEF OF POLICE
Mr. Lein has he—cied an my Office of Professional Standards, which involves all internal affairs
investigations, both for the Police Department and the City of Huntington Park He has reorganized
the internal affairs procedures and has proposed and submitted city orr;narice and resolutions which
have been adopted by the Huntington Park City Council. These changes have not only provided for
the raising of standards at the Huntington Park Police Department, and cases have held up against
several levels of appeal.
Mr. Lein has also conducted an audit for the Records Division and is currently completing a year
long project which involved a total overhaul and streamlining of the Huntington Park Property
system. Mr. Lein has a thorough understanding of all the mec'tanisms and statutes surrounciing
property issues, which encompasses criminal and civil liabilities. He pays particular attention to
serious areas of involving narcotics, money and other critical evidence issues. Our Property
Room today holds those responsible accountable. The property facility is completely secure from
outside and inside in, -.lion. He works well with all department personnel, city staff and other
components of the -final justice system.
Without hesitation. ? iiatily recommend Mr. Lein for your property/evidence reorganizarion project.
He will be an excellent solution for your problem. If you have any questions regarding the work Mr.
Lein has performed for my organisation, please feel free to contact me at any time.
Very truly OOurs.
P.YE.NaR.'ti�`.IORE
.ief of Police
To: A. L. DiCerchio, Chief of Police
National City Police Department
From: Robert H. Lein
957 South Mollison Avenue
El Cajon, CA 92020
Home (619) 442-6383
Pager (619) 979-7180
Re: Time Line Proposal
October 12, 1998
EXµ-!81'r
PROPERTY SYSTEM REDESIGN
PROPOSED TIME LINE
PHASE ONE NEEDS ASSESSMENT - SYSTEM AND INVENTORY PROCEDURES
6 Months
Two 3-month Progress Reports
▪ Examine property control system - all property forms, packaging and storage
procedures
• Examine all property inventory - three sites
Necessary redesign of materials, packaging containers and forms
• Necessary modification of intake and control procedures
▪ Submit all redesigns and procedure modifications for approval
• Train all user personnel on approved changes
PHASE TWO PURGING PLAN
6 Months
Two 3-month Progress Reports
• Establish property retention criteria
0- Identity all property to be purged
• Establish case research plan
0. Perform all legal disposition requirements
• Obtain all necessary court destruction orders
PHASE THREE PROPERTY PURGING - FINAL DISPOSITION
6 Months
Two 3-month Progress Reports
• Design narcotics disposal plan (implement on approval)
Design firearms disposal plan (implement on approval)
• Ready all property and money for City conversion
▪ Return all owner identified property
▪ Prepare property for auction
▪ Dispose of all non -valuable property
0. Complete a Standard Operating Procedures manual
TIME LINE DETAILS
The attached time line proposal delineates the property system redesign project in three phases:
Phase one will involve studying the property system that is currently used to submit property, log
property in, storage, record and control its movement through the system: better establishing chain
of custody.
Modifications of property forms and containers, along with procedural changes, in their use, will be
proposed. When recommended changes are approved, and new materials are acquired. I will train
all user personnel and then implement the changes.
The computerization of the property system can proceed any time after completion of phase one.
The department can purchase a stand-alone bar coding system. or it can opt to purchase and network
a property bar coding system into the proposed CAD/R.MS system, which would be the most
efficient choice.
Phase two will require establishing purging criteria. This will require the involvement of sworn
personnel with investigative backgrounds. We will set property retention criteria based on case
needs, i.e., murder cases and high profile felonies, in addition to established sentencing and appe&larp
criteria.
After retention criteria has been established, we will go through property piece by piece and locate
property fitting the purging criteria. This process will require the assistance of departmental
personnel, i.e., cadets, CSO's, etc., due to an anticipated lengthy time to compiete this process.
After property to be purged is identified, a team consisting of sworn personnel, coordinated by
myself, will be detailed to research every case supporting each piece of property, to determine case
dispositions for property status. This process will be the most time consuming part of the purging
process. Special scheduling of these personnel may be required in order not :o interfere with their
normal work loads.
There will be a separate process for the destruction of narcotics involving an itemized inventor"
attached to a request to the court for a destruction order. An internal custody chain for destruction
will be established. It will involve sworn personnel outside the normal property loop, who will
conduct random sampling/testing/weighing. This will ensure against internal tampering issues.
A firearms disposal plan will be submitted for approval. This may include recommendations for
some police department conversion. and possibly some sales to authorized firearms dealers if it
appears financially worthwhile and acceptable to the City.
Phase three will involve the final removal of all property cleared for purring. This will require
notification of victims/owners for property return. This will be accomplished by special public
notices for owner location requirements. It will require letters be sent to identified property owners.
There will possibiy be public viewing for identification purposes of unidentified stolen property sdil
being held in adjudicated cases.
The actual removal of all cleared property will involve public auction by the City or a private
contractor after City Council approval. This property will have to be moved from present storage
facilities and relocated to one area designated for its disposal.
All other property not deemed valuable or returned to owners will go to the trash. Biological fluids
will go with the narcotics burn. Chemical wastes identified will be handled by a City designated
haz-mat contractor.
Cleared narcotics should go to a designated law enforcement operated burn site. Firearms to be
destroyed should go to a designated crush site.
It will be necessary to obtain destruction court orders for property seized by search warrants. These
cases must be ii1e led to the court with documentation that establishes all attempts have been made
to locate owners via letters and public notices.
The final part of this phase will be to submit or revise a Standard Operating Procedures manual. It
will include ail property system procedures from submission through purging. It will include at least
two random property audits per year. These audits will be required to be supervised and conducted
by personnel ouiside the normal property loop. They will be done on short notice, which should.
ensure their inter. r.
Upon completion of this project, if desired, I will offer my service to the City in sitting on the oral
selection board for a new Property Supervisor.
OLICZ
DEPARTMENT
'ad
•F
464
October 6, 1998
L
r� • •
-
ROBENT R. MORj
over OP POLICE
Mr. Torn McCabe, City Manager
City of National City _
1243 National City Blvd.
National City, California 91950-4031
Dear Mr. McCabe:
It is my understanding that the City of National City Police Department is considering utilizing Mr. Bob Lein
for its property/evidence reorganization project. I write this letter to share a cole of the projects that
Mr. Lein was involved in when employed by the City of El Cajon Police Department
Mr. Lein was involved in a 6-month audit of our Records Division, which involved measuring the efficiency
of report transcription, fee services, front counter service, personnel duties and physical layout of the
division. As a result of this audit, recommendations were made and implemented which included; front
counter partitioning, reduction of instant fee services and increasing mail out c ;, reduction of hours
services were performed and having set hours for services, prioritizing repo✓ to .ac; ption, closing the
business office from evening to morning hours and establishing an emergency phone for after hour walk-up
emergencies.
Another project involving Mr. Lein was a one and a half year property rcotn audit and revision. After.
assessment it was determined that there were large amounts of property that had not been purged for over 20
yew. A user's committee was formed, purging criteria was established, a task forcermearch team identified
disposable property, legal needs for disposition were identified which involved s rhing for owners for
possible returns and meetings with judges were conducted to obtain court o
that all. civil liabilities would be minimized as much as possible. The property was i not cony";derg,
but a system for on -going and timely property removal was p only purged.
established and Ott: p.---terized.
I highly recommend Mr. Lein for the project he is being considered. If you have any questions, please do not
hesitate to contact me at any time.
Sincerel
Robert R. M6REAL;
Chief of Police
RR1M:rnkm
cc: A. L. DiCerchio. Chief of Police, National City Police Department
tCO FLETCI~ER PARKWAY • EL CA.;CN CAL:FORNIA
a M•4/ r nrpy —
£oz9 ebb 61'9
N L 31 H
a6-L9-1J0
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE 11-10-98
% ITEM TITLE
AGENDA ITEM NO 7
WARRANT REGISTER #17
PREPARED BY ROBERT A. RABAGO DEPARTMENT
EXPLANATION.
RATIFICATION OF WARRANT REGISTER #17
PER GOVERNMENT SECTION CODE 37208.
FINANCE
Environmental Review
Financial Statement
N/A
N/A
Account No.
STAFF RECOMMENDATION
I recommend ratification of these
of $791,271.85
BOARD/COMMISSION RECOMMENDATION
warrants for a total
ATTACHMENTS (Listed Below) Resolution No
1. Warrant Recister #17
Worker's Comp Warrant Register dated 10/21/98
a -ISO ;Re., '/80
City of National City
Department of Finance
1243 National City Blvd., National City, CA 91950-4397
(619) 336-4267
TO: THE MAYOR AND CITY COUNCILMEMBERS
FROM: MARIA L. MATIENZO, FINANCE DIRECTOR
SUBJECT: RATIFICATION OF WARRANTS AND/CR PAYROLL
REGISTER NO. 17
GENERAL FUND
TECHNOLOGY FUND
LIBRARY FUND
PARKS MAINTENANCE FUN
RETIREMENT FUND
P.O.S.T. FUND
LOWER SWEETWATER FUND
SEWER SERVICE FUND
TINY TOT CLASSES FUND
GRANT -NC SUPPR. OF DR
73,026.89
21,964.00
1,886.89
2,567.11
16,522.24
1,958.45
144.53
12,183.11
102.84
144.53
REGISTER TOTALS
PAYROLL FOR PERIOD 10/6/98-10/19/98
TOTAL
LIBRARY COMPUTER CENT
GRANT-C.D.B.G.
CDC PAYMENTS
PROPOSITION "A" FUND
TDA
FACILITIES MAINT FUND
LIABILITY INS. FUND
GENERAL SERVICES FUND
INFORMATION SERVICES
MOTOR VEHICLE SVC FUN
TRUST & AGENCY
207.12
75,192.-3
8,213.32
208.572,
�_
2,998.39
30,342.52
6,258.49
8,782.05
8,399.-_
12,080.29
1,387.57
284,582.53
494,951.5
779,534.4_
I HEREBY CERTIFY THAT THE DEMANDS AS LISTED ABOVE AND COVERED BY:
WARRANT NUMBERS 151792 THROUGH 151896 INCLUSIVE
EXCEPTING NONE 1259-1322 INCLUSIVE
ARE CORRECT AND JUST TO THE BEST OF MY KNOWLEDGE AND CONFORM TO THE
BUDGET FOR THE CURRENT FISCAL YEAR AND THAT MONEY IS AVAILABLE IN
THE PROPER FUNDS TO PAY SAID DEMANDS.
MARIA ,. MATIENZO, FINANCE DIRECTOR
i
I'ancr
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE 11-10-98
AGENDA ITEM NO. 8
ITEM TITLE
WARRANT REGISTER #18
PREPARED BY ROBERT A. RABAGO DEPARTMENT
FINANCE
EXPLANATION
RATIFICATION OF WARRANT REGISTER #18
PER GOVERNMENT SECTION CODE 37208.
Environmental Review
Financial Statement
N/A
STAFF RECOMMENDATION
I recommend ratification of these warrants for a total
of $228,671.65
N/A
Account No.
BOARD/COMMISSION RECOMMENDATIOIj
ATTACHMENTS (Listed Below)
1. Warrant Register #18
2. Worker's Comp Warrant Register dated 10/28/98
Resolution No.
{
.,.pve. 3'c01
TO:
City of National City
Department of Finance
1243 National City Blvd., National City, CA 91950-4397
(619) 336-4267
THE MAYOR AND CITY COUNCILMEMBERS
FROM: MARIA L. MATIENZO, FINANCE DIRECTOR
SUBJECT: RATIFICATION OF WARRANTS AND/OR PAYROLL
REGISTER NO. 18
GENERAL FUND
TECHNOLOGY FUND
LIBRARY FUND
PARKS MAINTENANCE FUN
RETIREMENT FUND
GAS TAXES FUND
P.O.S.T. FUND
LOWER SWEETWATER FUND
SEWER SERVICE FUND
TINY TOT CLASSES FUND
GRANT -NC SUPPR. OF DR
REGISTER TOTALS
PAYROLL
TOTAL
104,538.69
4,384.27
735.34
794.59
774.71
405.35
1,192.50
210.31
9,627.91
16.60
141.32
TRASH RATE STABILIZAT
GRANT-C.D.B.G.
CDC PAYMENTS
GRANT -HIGHWAY BRIDGE
TDA
FACILITIES MAINT FUND
LIABILITY INS. FUND
GENERAL SERVICES FUND
INFORMATION SERVICES
MOTOR VEHICLE SVC FUN
TRUST & AGENCY
2,802.85
327.03
179.04
1,062.40
52,719.91
15,568.17
2,377.18
203.20
914.06
23,586.38
540.16
223,101.97
0.00
223,101.97
I HEREBY CERTIFY THAT THE DEMANDS AS LISTED ABOVE AND COVERED BY:
WARRANT NUMBERS 151898 THROUGH 151992 INCLUSIVE
EXCEPTING NONE 1323-1347 INCLUSIVE
ARE CORRECT AND JUST TO THE BEST OF MY KNOWLEDGE AND CONFORM TO THE
BUDGET FOR THE CURRENT FISCAL YEAR AND THAT MONEY IS AVAILABLE IN
THE PROPER FUNDS TO PAY SAID DEMANDS.
MARIA L. MATIENZO, FINANCE, IRECTOR
ec‘tilcc
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE November 10, 1998
AGENDA ITEM NO.
9
ITEM TITLE RESOLUTION OF THE CITY COUNCIL GIVING NOTICE OF INTENT TO VACATE A \
PORTION OF E. 19TH STREET, EAST OF EUCLID AVENUE AND WEST OF VALLE VISTA AVENUE.
CASE FILE NO. SC-1998-1
PREPARED BY Ron Santos -Assistant PIanneEPARTMENT Planning
EXPLANATION
At a hearing held November 2, 1998, Planning Commission voted to recommend approval of the City Engineer's
request to vacate a 500 square foot portion of right-of-way, located at the terminus of an E. 19th Street cul-de-sac, just
east of Euclid Avenue. The parcel exists as surplus to existing improvements along E. 19th Street including full -width
street, curb, gutter and sidewalk. It is fully landscaped and utilized as part of the front yard of the single-family
residential lot existing contiguously to the north.
Council declared the property surplus at a meeting held in January, 1992, and directed the Engineering Department
to initiate conveyance to the adjacent property owner, Charles Hostler, Jr. Mr. Hostler, who holds underlying fee ti-
tle to the subject property, has agreed to legally merge it with his residential lot following conveyance. Action on
this matter had been delayed due to a lack of interest on the part of previous owners in acquiring rights to the
property.
The Planning Commission found that the subject portion of right-of-way has no present or prospective public use or
purpose. Consequently, it is fitting that it be vacated to achieve consistency with its current use as front yard for the
adjacent lot.
Environmental Review
Financial Statement
X
N/A
N/A
Account No.
STAFF recommends that Lo ncil adopt the attached resolution, setting a public hearing date for consideration
of the street vacation request.
HDeAlD / COMMISSION RECOMMEND,ATIOJ..1
Vote: Ayes: Unanimous
ATTACHMENTS ( Listed Below )
1. Resolution
2. Location Map
Resolution No.
98-149
RESOLUTION NO. 98 - 149
RESOLUTION OF ME CITY COUNCIL OF THE,
CITY OF NATIONAL CITY GIVING NOTICE OF
INTENTION TO VACATE A PORTION OF
E. 19' STREET, EAST OF EUCLID AVENUE
AND WEST OF VALLE VISTA AVENUE
CASE FILE NO. SC-1998-1
WHEREAS, the City Council of the City of National City hereby declares its intention to
vacate, pursuant to the provisions of Part 3 of Division 9 of the Streets and Highways Code of
California, a portion of E. 19th Street, east of Euclid Avenue and west of Vane Vista Avenue,
in the City of National City, more particularly described in Exhibit "A", attached hereto and
incorporated herein as though set forth in full.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City, that the time for hearing any and all persons interested in or objecting to the
proposed vacation is hereby set for 6:00 p.m., in the City
Council Chambers in the Civic Center in the City of National City, California.
BE IT FURrZiut RESOLVED that the City Engineer of the City of National City is
hereby directed to post notice of the passage of this Resolution and the time and place of
hearing in accordance with law.
PASSED and ADOPTED this day of 1998.
George H. Waters, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. riser, Ili, City Attorney
EXHIBIT "A"
APN 558-230-03 ADJACENT PARCEL
PORTION OF 19TH STREET TO BE VACATED
JUANITA B. KOHNOW, AN UNMARRIED WOMAN
BEING A PORTION OF THE SOUTHERLY 50 FEET OF THE EASTERLY
60.5 FEET OF THE WESTERLY 121 FEET OF THE NORTHERLY 400
FEET OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF
QUARTER SECTION 107 OF RANCHO DE LA NACION, IN THE CITY OF
NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 166, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY MAY 11, 1869
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID QUARTER
SECTION 107 THAT IS 400 FEET SOUTHERLY OF THE NORTHWEST
CORNER OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER
OF QUARTER SECTION 107; THENCE, LEAVING SAID WESTERLY LINE
ON A LINE PARALLEL TO THE NORTHERLY LINE OF SAID SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER, NORTH 70° 50' 08" EAST,
60.50 FEET; THENCE, ALONG THE WESTERLY LINE OF SAID
EASTERLY 60.5 FEET, NORTH 19° 02' 53" WEST, 8.95 FEET TO
THE TRUE POINT OF BEGINNING; THENCE, CONTINUING, NORTH 19°
02' 53" WEST, 41.05 FEET; THENCE, ALONG THE NORTHERLY LINE
OF SAID SOUTHERLY 50 FEET, NORTH 70° 50' 08" EAST, 49.11
FEET TO A POINT OF CUSP OF A TANGENT 50.00 FOOT RADIUS
CURVE, CONCAVE SOUTHEASTERLY; THENCE, SOUTHWESTERLY AND
SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 79° 41' 04", AN ARC LENGTH OF 69.54 FEET TO THE
TRUE POINT OF BEGINNING.
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1
AREA TO BE VACATED
SCALE:
1":100'
I
NORTH
ZONE BOUNDARY
LOCATION MAP
SC-1998-01
CRN DATE:
0-, a-38
�ERING:
-0298
NATIONAL CITY PLANNING'
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE November 10, 1998
AGENDA ITEM NO. 10
ITEM TITLE REPORT ON POOL SCHEDULE
PREPARED BY JIBS RUIz� Lv--
DEPARTMENT PARKS AND RECREATION
EXPLANATION.
At the City Council meeting of October 27, 1998, the subject of keeping the pool
open beyond October 31, 1998 was brought up.
It was referred to staff for a report.
Attached is a report of a meeting held regarding the pool schedule and associated
costs.
Environmental Review X N/A
Financial Statement
If the schedule as reported is approved, it will require an additional $19,800 this
year to keep the pool open beyond October 31, 1998.
Account No.
STAFF RECOMMENDATION
Request council direction.
BOARD/COMMISSION RECOMMENDATION
ATTACHMENTS (Listed Below) Resolution No
Report
A-ZJ0 IRe•
City of National City
Parks & Recreation Department
140 East Twelfth Street, Suite A, National City, CA 91950-3312
(619) 336-4290
REPORT ON POOL SCHEDULE
Presently, the pool is scheduled to be open from March through October. Up
until the budget crunch of a few years ago, the pool had been open on an
11-month schedule.
A meeting was held on Friday, October 30, 1998 to discuss keeping the pool open
beyond the normal closing date of October 31st. Those in attendance included
representatives from Sweetwater, Bonita Vista High, National City Swim Club,
members of the Fire Department, Public Works staff, and Recreation Staff.
The various organizations submitted dates and times they would like to use the
pool beyond October 31, 1998. They would like. .the pool available to them between
November 14, 1998 and February 28, 1999. (This is ordinarily the period of time
we are closed.) A Public Works maintenance window period of November 26, 1998
through January 3, 1999 was agreed upon by all parties. This gives the city the
opportunity to accomplish yearly maintenance duties. According to representatives
at this meeting, the number of swimmers that they have and their residency status
is as follows:
National City Swim Club 73 swimmers 23 are NC residents
Sweetwater High School 20 swimmers 20 are NC residents
Bonita Vista High 78 swimmers 10 are NC residents
The fees that the City would receive during the additional open time would amount
to around $2,400 per month, except for the 4-5 weeks that it would be closed for
maintenance. City maintenance costs are approximately $300 per day or $9000 per
month. There would be a shortfall of approximately $6,600 monthly.
The total cost increase for this year would be approximately $19,800.
One of the schools, Bonita Vista, would only be using our pool through February 1999
because the pool they ordinarily use, Southwestern College, will re -open in March 99.
Therefore, if Council decided to keep the pool open on an 11-month schedule after
this trial year, the yearly cost increase would be approximately $22,200 because we
would lose the income from Bonita Vista High School.
If council decides to keep the pool open as explained in this report, staff
recommends not opening for noon swim due to the low turnout during these months.
Since October 1st, we are averaging 6-8 swimmers per day; it is costing us $8-$10
per hour for a lifeguard to be on duty.
Representatives from the meeting held on October 30th will be in attendance at
the Council meeting along with city staff to answer any questions.
City of National City, California
COUNCIL AGENDA STATEMENT
November 10, 1998
MEETING DATE
11
AGENDA ITEM NO.
1 ITEM TITLE
Legislative Advocacy
PREPARED BYPark Morse, Asst. City Mar ggr DEPARTMENT City Manager
EXPLANATION.
See attached.
Environmental Review
Financial Statement
N/A
N/A
Account No.
STAFF RECOMMENDATION
Council direction.
BOARD/COMMISSION RECOMMENDATION
N/A
ATTACHMENTS (Listed Below) Resolution No
November 10, 1998
Staff Report on Legislative Advocacy
At the October 27, 1998, City Council meeting, Staff was asked to return this
evening with an update on the Legislative Advocate contract.
As the Council is aware, the current agreement with The Wilson Group has been
operating on a month -to -month basis since the Summer of 1997. Unfortunately,
available staff time has not allowed us to move the process along during the
intervening months. Having said that, we do need to advance this review. We
need to test the current contract terms and conditions in the marketplace and we
need to conclude our promise to the City Council that we would review the
contract.
Staff would suggest the following course of action. It is suggested that a review
committee be formed comprised of a Councilmember, the City Attorney, the
Executive Director of CDC and the Assistant City Manager. These four would be
tasked with the following:
1. Develop a short -form RFP;
2. Release the RFP to a short-list of Sacramento advocates;
3. Review the RFP responses
4. Interview the firms most closely matching our needs
5. Select a preferred firm to represent the City
6. Negotiate a contract with that firm
7. Present the preferred firm and contract to the City Council
If this approach meets the City Council's needs, you would need to appoint one
member to serve on this ad hoc committee. I believe that steps 1 and 2 above
could be accomplished in a few weeks and this would at least start the process.
The Wilson Group will be included in any RFP solicitation.
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE November 10, 1998
12
AGENDA ITEM NO.
ITEM TITLE
Cablecasting City Council Meetings
PREPARED BYPark Morse, Asst. City
EXPLANATION.
See attached.
DEPARTMENT City Manager
Environmental Review X N/A
Financial Statement
N/A
Account No.
STAFF RECOMMENDATION
Council direction.
BOARD/COMMISSION RECOMMENDATION
N/A
ATTACHMENTS (Listed Below) Resolution No
November 10, 1998
Staff Report on Cablecasting
At the October 27, 1998, City Council meeting, Staff was asked to return this
evening with an update on the possibilities of cablecasting City Council meetings.
The brief history of this subject is that the discussion has twice been before the
City Council for action. The first occasion was on January 24, 1995, and the
second time was on September 23, 1997. On each occasion the Staff Report
was filed without action. On June 16, 1998, the City Council held a regular
budget workshop to consider the City's Fiscal 98-99 budget. At that workshop,
Staff was directed to begin work on a cablecasting proposal that would involve:
possible staffing by the Adult School; possible changes in City Council meeting
times, and; a possible workshop to discuss how cablecasting might be
implemented.
The implementation of a cablecasting effort is a moderately complex undertaking
which requires specialized knowledge of audio/video (AN) equipment, production
techniques and integration of the AN gear with cable company operations.
Since the City Council's renewed interest in this subject last Summer, Staff has
identified a consultant whom we believe can make this project happen. D'Andra
La Pierre is the County's former head of video services and prior to that held a
similar position at the City of Spokane.
One of Ms. _a Pierre's interesting strengths is that she either has or is fulfilling
these same tasks for the cities of Solana Beach and La Mesa. We have had
several meetings with her and have concluded contract negotiations just short of
the document signatures. She has had encouraging discussions with the Adult
School and others on the possibility of being a part of this effort. She has had
discussions with our Purchasing Agent on the subject of streamlining any
equipment RFP we would need through use of RFPs from other cities.
There will be some cost of cablecasting. What that cost is largely depends upon
who our production partners are and what quality level the City Council desires
for the production.
Assuming that the City Council wants to move forward, there are many, many
options to sift through before we can decide how we want to cablecast. Staff is
ready to execute the contract with Ms. La Pierre. We would suggest we give her
some time tc prepare a rough proposal and develop the options we need to
consider. When that is done, it makes sense to proceed with a workshop at
which the City Council could thoroughly review the proposal and the options. It
would be my hope that that workshop, properly focused and led by someone who
knows the subject, would produce enough direction to Staff that we could
proceed.
Conclusion
If the City Council is interested in pursuing cablecasting and if you agree with
Staffs recommendations above then it would be appropriate to affirm that and to
begin to schedule a workshop (perhaps for December) and to invite Ms. La
Pierre.