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HomeMy WebLinkAbout1998 10-27 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY — OCTOBER 27, 1998 - 6:00 P.M. 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 ASSISTANT CITY MANAGER, PARK MORSE. INVOCATION MAYOR'S PRESENTATIONS Otay Valley Regional Park Concept Plan. COUNCIL AGENDA 10/27/98 Page 2 PUBLIC HEARING 1. Public Hearing to respond to Coastal Commission staff recommendations for the Harbor District Specific Area Plan. (Community Development Commission) **See Item #5** 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. WARRANT REGISTER #16 (Finance) Ratification of Demands in the amount of $263,353.79. 3. Claim for Damages - Don Marshall (City Clerk) 4. Claim for Damages - Angel Gonzalez (City Clerk) NON CONSENT RESOLUTIONS 5. Resolution No. 98-143 Resolution of the City Council of the City of National City approving an amendment to the Harbor District Specific Area Plan and Local Coastal Program Implementation Amendment. (Major Amendment 1-98B) (Community Development Commission) *"See Item #1 "' COUNCIL AGENDA 10/27/98 Page 3 NEW BUSINESS (Cont.) -- CITY MANAGER -> CITY ATTORNEY -› OTHER STAFF -> MAYOR -> CITY COUNCIL 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 10, 1998 - 6:00 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 MEETING DATE October 27, 1998 AGENDA ITEM NO. 1 ITEM TITLE PUBLIC HEARING: TO RESPOND TO COASTAL COMMISSION STAFM RECONiMEN-DATIONS FOR THE HARBOR DISTRICT SPECIFIC AREA PLAN PREPARED BY Paul Desrochers COMMUNITY DEVELOPMENT COMMISSION (CDC) Executive Director fi3 DEPARTMENT 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 staff recommendations (Attachment No. 1) for the Plan and adopt the recommendations in whole or in part through an amendment or leave the Plan as originally submitted. Copies of the Coastal Commission report and the Plan have been made available to the public at the City Library, CDC office and office of the City Clerk. In accordance with California Coastal Commission noticing requirements, notice of the Public Hearing (Attachment No. 2) was published at least ten (10) working days prior to the hearing. A mailing list to interested parties is on file in the Community 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. The Council may continue this hearing to another date prior to November 5, 1998, in the event that the further suggested \modifications from Coastal Commission staff are anticipated which may warrant Council response and action. Environmental Review Financial Statement None N/A Account No. STAFF RECOMMENDATION Hold Public Hearing and consider Resolution, as provided in Item No. 5 of this Agenda. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. l . Coastal Commission Staff Recommendation for the Harbor District Specific Area Plan 2. Affidavit of Publication A-200 9:801 J PEfE 'MLSCN. Governor OF CALIFORNIA —''NE RESOURCES AGENCY _JFORNIA COASTAL COMMISSiON EGO AREA :MINO OEL RIO NORTH, SUITS 200 EGO. CA 92108-:725 21-8035 October 21, 1998 TO: COYLMISSIONERS AND INTERESTED PERSONS FROM: DEBORAH LEE, SOUTH COAST DEPUTY DIRECTOR SHERLLYN SARB, DISTRICT MANAGER, SAN DIEGO OFFICE DLANA LILLY, COASTAL PROGRAM ANALYST, SAN DIEGO OFFICE SUBJECT:ST AFF RECOMMENDATION ON MAJOR AMENDMENT 1-98B (Harbor District Specific Plan) TO THE CITY OF NATIONAL CITY LOCAL COASTAL PROGRAM (For Public Hearing and Possible Final Action at the Coastal Commission Hearing of November 4-6, 1998) SYNOPSIS SUNEVLARY OF AMENDMENT REQUEST This amendment submittal consists of the Harbor District Specific Area Plan and LCP I.mpiementation A:uendmeat. The Harbor District Specific Plan is a detailed impierner-taron plan establishing specific conservation and development standards for the Dian area, which is designated Open Space Reserve, Tourist Commercial, Medium Industrial and Open Space. The Harbor Dist -jot plan contains specific policies and recuiret eats for the provision and protection of public access. wetland habitat conservation. visual resource protection, and the provision of tourist commercial recreation and marine -related industry. The Harbor District consists of four subareas, ail of which are in within the National City Redeveiormeat Area. Subarea A is an approximately 3.3 acre area designated primariiv for tourist commercial development. Subarea B, approximately 16.4 acres, is also designated for tourist commercial use. Subarea C is a 5.4 acre area consisting of natural and .iied lands designated for tourist commercial and medium industrial uses. Subarea D. 10.7 acres zoned mostly for open space, extends approximately 900 feet east -west along the northern levee of the Sweetwater Channel and runs north to Paradise Creek east of Paradise Marsh. SUMMARY OF STAFF RECOMMENDATION St f is recommending denial. of the ?nipiementation ?lair _amendment as submitted, then sted modifications s - language ensuring that the su=,- adding sec:_ic cian will acri o anti — wetiar_ds. :C : etlanu ieiineat.ons ,:.. D(2c117 when spec. _c development :s rco Attachment No. 1 National City LCPA 1-98B Page 2 The appropriate resolutions and motions begin on page 4. The suggested modifications begin on page 5. The findings for denial of the Implementation Plan Amendment as submitted begin on page 6. The findings for approval of the plan, if modified. begin on page 9. BACKGROUND On January 22, 1988, the City of National City formally submitted its Local Coastal Program Land Use Plan (LUP) for the Commission's review and possible certification. At its April 14, 1988 meeting, the Commission certified, with suggested modifications, the National City Local Coastal Program Land Use Plan. Subsequently, on December 11, 1990, the Commission approved the City's Implementation Plan, with suggested modifications. The Commission also made revisions to the staff recommendation that related to three areas where specific plans are to be prepared by the City. The Commission's action certified these three areas, but stipulated that coastal development permit issuing authority would not be transferred to the City for these areas until specific 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 the local coastal program effectively certified. ADDITIONAL INFORMATION Further information on the City of National City LCP Amendment 1-98B may be obtained from Diana Lilly, Coastal Planner, at the San Diego Area Office of the Coastal Commission. 3111 Camino Del Rio North, Suite 200, San Diego, CA, 92108-1725, (619) 521-8036. National City LCPA 1-98B Page PART I. OVERVIEW A. LCP HISTORY On September 29, 1981, the City of National City formally submitted its total local coastal program. After staff review of the total LCP submittal, the submittal was determined adequate and formally accepted by the Executive Director. The LCP submittal was subsequently set for public hearing, and a preliminary staff recommendation 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 staff recommendation. In response to the preliminary staff recommendation, the LCP hearing was first delayed at the City's request, and then the LCP submittal was ultimately withdrawn. On January 22, 1983, the City again formally submitted its local coastal program; however, this submittal, unlike the one previously withdrawn, was for the land use plan review only, rather than a total LCP submittal. The Land Use Plan was certified with suggested modifications by the Commission on April 14, 1988. On December 11, 1990, the Commission approved the City's Implementation Plan, with suggested modifications. The Commission's action also cerified three areas where specific plans are to be prepared by the City, but stipulated that permit issuing authority would not be transferred to the City on these areas until specific plans are adopted by the City and certified by the Commission. Subsequently, the City submitted a categorical exclusion request to exempt certain developments in specified areas of the City's coastal zone from the permit requirements of the Coastal Act. This request was approved by the Commission on May 7, 1991, subject to special conditions. In July of 1991, the Commission approved, as submitted, the City's first LCP amendment and in June 1993, the City's second LCP amendment was approved, as submitted, by the Commission. In April of 1997, the Commission approved the City's third LCP amendment, as submitted. In October of 1998, the Commission approved the City's fourth LCP amendment addressing technical revisions to the LUP only. This submittal represents the City's fifth amendment to its certified LCP. B. STANDARD OF REv UW Pursuant to Section 30513 of the Coastal Act, the Commission may only reject zoning ordinances or other Implementing actions, as well as their amendments, on the grounds that they do not conform with. or are inadequate to carry out the provisions of the certified land use pian. The Commission shall take action by a malority vote oI e Commissioners present. National City LCPA 1-98B Page 4 C. PUBLIC PARTICIPATION The City has held Planning Commission and City Council meetings with regard to the subject amendment request. All of those local hearings were duly noticed to the public. Notice of the subject amendment has been distributed to all 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 resolution and a staff recommendation are provided just prior to each resolution. A. RESOLUTION I (Resolution to reject certification of the City of National City Harbor District Specific Plan, as submitted) MOTION I I move that the Commission reject the City of National City Implementation Plan Amendment 1-98B regarding the Harbor District Specific Plan, as submitted. Staff Recommendation Staff recommends a YES vote and adoption of the following resolution and findings. An affirmative vote by a majority of the Commissioners present is 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 Local Coastal Program, as submitted, on the grounds that, the amendment does not conform with, and is inadequate to carry out, the provisions of the certified land use plan. There are feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse impacts which the approval would have on the environment. B. RESOLUTION II (Resolution to approve certification of the City of National City Harbor District Specific Plan, if modified) MOTION II I move that -n e Commission approve the City of National City Plan ..kn:end._.ent I-98B regarding the Harbor District Specific Plan if it is modified in _cnfortniry with the suggested modifications set for`; in this -ecort. National City LCPA 1-988 Page 5 Staff Recommendation Staff recommends a YES vote and adoption of the following resolution and findings. An affirmative vote by a majority of the Commissioners present is needed to pass the motion. Resolution II The Commission hereby approves certification of the amendment request to the Implementation Plan of the City of National City Local Coastal Program, if modified, on the grounds that, the amendment conforms with, and is adequate to carry out, the provisions of the certified 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 environment. PART III. SUGGES 1 D .MODIFICATIONS Staff recommends the following suggested revisions to the proposed Implementation Plan be adopted. The underlined sections represent language that the Commission suggests be added, and the s-ru:l_ to" se-tions represent language which the Commission suggests be deleted from the language as originally submitted. 1. On Page 1-1. footnote 2 should be snuck in its entirety. 2. On Figure 1 2, 1.3, 2.1, 4.1, and 4.2, the map reference in parentheses under Paradise Marsh should be revised to read: Paradise Marsh Unit of Sweetwater Wildlife Refuge (Not Under National City Coastal Development Permit Authority sdic-:on) On Page 1-8, the last paragraph should be revised as follows: Because local government land -so jurisdiction coastal development permit authority does not extend to federal activities. lands. the Ply:in es no'. tars:.. the National City LCP policies relating to land owned by the federal government are advisory only and have no binding effect on federal activities. Plan provisions do, however, directly address issues related to protecting, preserving, and enhancing Paradise Marsh in consultation and cooperation with the USFWS, which would be used as guidance in review of development �cuirrg a coastal development permor federal consistency review from the Coastal Commission. National City LCPA i-98B Page 6 4. On Page 3-1, the second paragraph under section 3.1 should be revised as follows: The largest designated "sensitive and valuable" wetland resource in the vicinity of the Planning Area is Paradise Marsh. Although in private ownership until 1988, Paradise Marsh is now part of the Sweetwater Marsh National Wildlife Refuge ("National Wildlife Refuge"), under the ownership and management of the U.S. Fish and Wildlife Service and is uts''.1e of National Ci~ ': r CP jurisdicti n virtue f its federal ownership statue. 6. The Paradise Marsh Wetland Delineation and Habitat Map dated August 14, 1998, located between pages 3-1 and 3-2 shall be identified as Figure 3.1. 6. The following policy shall be added to Section 3.3.3 Other Conditions of New Development: (e) Prior to the issuance of a coastal development permit for any new development, a new site -specific wetland survey or site -specific update of the wetlands mapped in Figure 3.1 shall be required. All of the policies contained in Chanter 3 of the Specific Plan shall apply to wetlands and wetland buffers delineated at the time of coastal development permit issuance. PART IV. FINDINGS FOR REJECTION OF THE CITY OF NATIONAL CITY HARBOR DISTRICT SPECII4IC PLAN, AS SL`BMI1 1 i D A. AMENDMENT DESCRIPTION The proposed Specific Area Plan for the City's Harbor District constitutes the implementing ordinance for the Harbor District planning area. As noted above, the Harbor District consists of four subareas. Subarea A is an approximately 8.3 acre area designated primarily for tourist commercial development. This area has been severely impacted by human activities over the past 120 years, including through extensive filling and grading for railroad transportation, as a landfill, battery, and bum dump, and for street and other infrastructure facilities. Subarea B, approximately 16.4 acres, is also designated for tourist commercial use. It includes a major utility corridor consisting of. the San Diego & Arizona Eastern Railroad track, a pressurized oil pipeline, and high voltage electrical trmnsmission lines. Subarea C is a 5.4 acre area consisting of natural and filled lands designated for tourist commercial and medium industrial uses, but which have primarily been used for railroad trackage. Subarea D. 10.7 acres zen:_._ .Host;: ; fo open space, extends approximately 900 feet east -west along the northern levee of the Sweetwater Channel and runs north to Paradise Creek east of Paradise Marsh. The most prominent feature of the planning area is the federally owned and operated Paradise Marsh unit of the Sweetwater Marsh National Wildlife Refuge. Although outside of National City's coastal pennitjunsdiction. the Specific Plan dcnrains numerous policies designed to protect the marsh and surrounding wetlar_ds, through the creation and maintenance of habitat buffers. drainage and water au'a iit v star_d aids. and National City LCPA 1-98B Page 7 many other development standards applied to new development in consultation with the U.S. Fish and Wildlife Service and the California Department of Fish and Game. The Harbor District Specific Plan contains specific policies and requirements for the provision and protection of public access, wetland habitat conservation, tourist commercial recreation, visual resources, and marine -related industry. Some of the major developments proposed in the plan include the extension of Harrison Avenue between West 24`s Sleet and 32°° Street, completion of the San Diego Bayshore Bikeway, and a variety of tourist commercial developments. These projects are specifically called for in the existing certified local coastal program. Upon effective 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 Diego jurisdiction. B. FINDINGS FOR REJECTION The standard of review for LCP implementation submittals or amendments is their consistency with and ability to carry out the provisions of the certified LISP. a) Purpose and Intent of the Ordinance. Preparation of a Specific Plan for the Harbor District is called for in the certified LUP. The proposed plan provides specific requirements, standards, and implementation policies for the development of public access and circulation corridors, habitat conservation, tourist commercial redevelopment, visna i protection, and the promotion of marine -related industry. The objective of the plan is the conservation of Paradise Marsh and adjacent delineated wetlands, the design and implementation of permanent functional habitat buffers, the provision of appropriately sized and located traffic circulation and parking facilities, and the provision of economically feasible commercial recreational facilities and uses. b) Maior Provisions of the Ordinance. As discussed in the Amendment Description, above, the Specific Plan contains numerous specific conservation and development standards for the protection of coastal habitat, public access, recreational, visual, and cultural resources, and the provision of commercial recreational facilities. c) Adequac: of the Ordinance to Implement the Certified LI.? Sea_uents. The Harbor District Specific Plan is divided into several chapters and includes policies on public access. wetland habitat conservation, tourist commercial recreation, visual resources. and marine -related industry. The plan is extremely detailed and contains specific requirements and standards for impiementation of the land use plan. The vast maioriry of the plan policies are consistent with and adequate to carry out the certified land use ^ian LL?`. However. there are several policies of the Wetland Habitat Conservation Program _n the Specific Plan that. as currently drafted. would not fully lrnp. -ate intent =_ :e 'habitat protection policies the certified land use pian. In _�....:C.n. several ...:.........es and map notes contain :anduaze that incorrectly characterizes _.a. 5 e 7 recard:o developmentw:t..._ National City LCPA i-98B Page 8 Paradise Marsh is part of the Sweetwater Wildlife Refuge and is owned and ari-niniste-ed by the U.S. Fish and Wildlife Service. Thus, even after effective certification the Harbor District Specific Plan, the City of National City will not have coastal permit authority within the refuge. However, while the National City LCP policies relating to land owned by the federal government are advisory only and have no binding effect on federal activities, the certified plan provisions would be used as guidance in review of development requiring a coastal development permit or federal consistency review from the Coastal Commission. Thus, the language in the proposed plan which implies -hat the National City certified LCP would have no applicability in any circumstance for development within the refuge, is not consistent with the resource protection policies of the certified LCP. The existing LUP policies require the identification of wetlands, a determination of appropriate buffers for new development, and limitations of the types of uses allowed in wetlands. The policies also call for the enhancement of the habitat and aesthetic value of the wetlands, the protection of wetlands from physical intrusion and sedimentation. The first suggested modification involves a technical correction; the policies of the Wetland Habitat Conservation Program contained in the plan refer repeatedly to a particular biological survey delineating the wetlands in the planning area as "Fizue 3.1 _" However, the map survey included in the plan is not identified with a figure number, which could cause confusion regarding the location of sensitive resources in the plan area. In addition, the Marsh Preservation policies of the LIP require the protection and preservation of Paradise Marsh, Bannister Marsh, the Sweetwater River and high -tide refugue areas located within the City's jurisdiction. The Specific Plan does identify wetlands, give specific requirements for buffers, list allowable uses in wetlands, and contain detailed requirements for development adjacent to wetlands (see Findings for Approval, below). However, as noted above, the habitat protection and enhancement policies specifically reference wetlands delineated in a survey conducted between September 1997 and July 1998, and shown as a particular exhibit in the Specific Plan. Changes in drainage patterns, rainfall, and other natural and human -caused phenomenon can alter the size and location of wetland habitats over time. The LUP requires that wetlands be protected —not just wetlands which existed at the time the Specific Plan is approved. Although the Specific Plan policies provide a high level of protection for the mapped wetlands. as currently drafted, the policies would apply only to the 1997-1998 wetlands delineation. regardless of changes in actual status of the wetlands in the planning area. In addition, the plan does not require that new development verify the presence or absence of environmentally sensitive resources on a particular site. a.thc,; 'n some development proposed in the Specific Plan may not occur for many veais. Therefore. as submitted. the subject amendment cannot be found consistent with or �...��. adequate :o ca-.: . ut the resource protection policies of the certified LCP. and amendment must Pe denied. National City LCPA 1-98B Page 9 PART V. FINDINGS FOR APPROVAL OF THE HARBOR DISTRICT SPECIFIC PLAN, IF MODIFIED As stated previously, the Harbor District Specific Plan is for the most part consistent with and adequate to carry out the certified land use plan. However, because of the inadequacy of several of the Marsh Preservation policies, the Specific Plan was rejected. 1. Wetland Habitat Conservation Program Overall, the policies of the Specific Plan provide detailed, specific conservation policies designed to protect, enhance, and preserve environmentally sensitive habitat consistent with the policies of the certified LUP. The plan describes the habitat and plant types found in the Harbor District area. No direct encroachment into wetlands is permitted except for those activities such as the removal of debris and exotic plants and restoration activities that will enhance the quality of the wetlands. Scientific and educational research programs are also permitted; these uses were anticipated in the LLP as long as the research involves nature study. As discussed above, language in the proposed Specific Plan asserts that the National City certified LCP would have no applicability under any circumstance for development within the Paradise Marsh refuge. In fact, while the National City LCP policies relating to land owned by the federal government are advisory only and have no binding effect on federal activities, the certified plan provisions would be used as guidance in review of development requiring a coastal development permit or federal consistency review from the Coastal Commission. Suggested Modifications rl through =f clarify the status of the LCP as important guidance for land use decisions in :he refuge. Only as modified can the Specific Plan be found consistent with the resource protection policies of the certified LCP. The Harbor District plan contains specific requirements for wetland buffers consistent with the LUP. As required in the L L`P, the Specific Plan calls for 100-foot wide buffers from the edge of wetlands to new development although this amount can be increased to ensure achievement of buffer habitat functions_ Tile plan allows new development to encroach into upland habitat buffers only within the Harrison Avenue Public Access Corridor, and then only with the consultation of the California Depa anent of Fish and Game and the U.S. Fish and Wildlife Service. The extension of Harrison Avenue is consistent with the certified LUP. and is an important component of the public access and circulation element of the Harbor District area. Interpretive facilities can be located in the upper half of the buffer, subject to consultation with the resource agencies. Although the plan would permit some removal of coastal sage scrub upland habitat, the plan also contains specific requirements for replanting and maintaining drought-resisttant landscaping within ail habitat buffers and within 200 feet of Paradise March and __..t weLands. The alan recommends the _se of ___ti`:. snecies throughout the :_arbor area. :.sr, and 7. .id_ife __. ice and :`.e De arament of : ih �' T viii co.__u.. _ ri 'i he Jeveicpme._: ;_ all landscaping National City LCPA 1-98B Page 10 and revegetation plans and for public park landscaping within 100 feet of the wetland buffer/setback. The plan has requirements for the collection of trash, domestic animal control, restrictions on night lighting within the wetland area, the minimization of predator perching opportunities, and the visual screening of human activity from the marsh and wetlands. The plan also requires oil -grease -sediment traps or other filters to protect the marsh from polluted runoff, prohibits storm drain runoff into Paradise Marsh, and requires the implementation of Best Management Practices to minimize the flow of storm runoff pollutants during grading and construction activities and after project completion. The LUP requires that specific erosion control measures be approved, incorporated into development, be in place at the initial phase of work, monitored and maintained in conjunction with all grading activities, consistent with Section X(B)(4)(k) of the National City Implementation Plan (which applies in the certified areas of National City), for ail properties which drain directly to marsh and wetland areas. The policies contained in the Harbor District Specific Plan supplement the grading policies contained in the Implementation Plan. Because Section X(B)(4)(k) of the Implementation Plan Section is referenced in the LUP, the policies of this section also apply in the Harbor District area to those specified properties. There are only two areas in which the proposed Specific Plan would not fully implement the certified LUP, and thus. suggested modifications have been developed to bring the Specific Plan into conformance with the LUP. Suggested Modification 41 corrects a technical error by requiring that the wetland delineation map be identified as Figure 3.1, as it is referenced throughout the Specific Plan. Suggested Modification 42 requires that prior to the issuance of a coastal development permit for any new development, either a site -specific wetland survey be performed. or that the wetland survey in the Specific Plan be updated with regard to the particular project site. The modification also specifies that the policies contained in the Specific Plan apply to the wetlands and wetland buffers as delineated at the time the coastal development permit is issued. In this manner, both existing and future wetlands will be subject to the wetland protection and enhancement policies of the Specific Plan, consistent with the certified LUP. Therefore, as modified. the resource protection policies of the Harbor District Specific Plan conform with and are adequate to carry out the certified land use plan. �. Public Access The public access policies of the LUP require the designation of public shorcin accessways to and along Paradise Marsh and the Sweetwater River Channel. new nature trails and bicycle ails. All ne'.v development must incorporate adequate on -site parkin_ CO accommodate the ^arking demand generated, and ne'.v development Must not interfere with desirable public access that may exist to coastal and recreational resources. National City LCPA I-98B Page 1I The Specific Plan provides for many specific access and circulation improvements that will improve access to the bayfront and the future National City Marina. Pedestrian accessways, bikeways. landscaping, public parking areas, parks, vista points and lighting and buffer components are incorporated into the proposed accessways. The extension of Harrison Avenue as a public access corridor with landscaping, medians, and habitat buffers is incorporated into the plan consistent with the certified LUP. The public access, recreation, and circulation program requirements must be implemented in conjunction with the development of the subareas contained in the plan. Therefore, the public access policies of the Specific Plan can be found adequate to implement the certified LUP. 3. Tourist Commercial Recreation/Marine-Related Industry The LUP designates most of the non -resource containing land in the Harbor District for Tourist Commercial developments, including marina development, hotel/motel and restaurant facilities, recreational vehicle park/campground. dry -storage and boat service facility and/or public park areas. Overnight uses and boating uses are assigned the 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 reaii space. Tourist commercial development, including uses that support or are associated with the marina are permitted within the building envelopes in Subarea B. Such development may include a lodging facility, a restaurant. marina -related office and/or retail commercial space, boat building, repair, dry storage, and ancillary services. All new development is subject to specified setback, buffer, height, site environmental and geotechnical analysis, and raptor perch - proofing requirements. Buildings in Subarea A are required to be set back a minimum of 100 feet from any delineated wetland and 100 feet from the boundary of the National Wildlife Refuge. A 200 foot buffer and setback area generally applies in Subarea B. Parking ratios for hotel/motels, restaurant, and retail area are specified in the plan to ensure adequate parking is provided with new development consistent with the certified Land Use Plan. Marine -related permitted development must conform with all applicable provisions of the Specific Plan and must coordinate with the U.S. Fish and Wildlife Service, Coastal Commission and the California Department of Fish and Game during the project design Phase to identify, avoid, and/or fully mitigate unavoidable impacts to sensitive coastal resources and public access. Although the Specific Plan does not contain specific policies identifying marine related uses as priority uses, the clan does restate the policies of the LCP including a reference to Coastal Act sec:ion 30255 winch states that coastal - dependent developments shall have priority over other deveioomer..ts on or near the shoreline. Thus, the Specific Plan is consistent with the certified LCP requirements arcing :he location and Priority or marine -related deveicurnent. _ ^ere the:o s_ is recreation-- industry policies .orz..cur_ � ...,m;.�erc. 1 �c .:.y.__.. -zi�_.._ of � e d:eci nc Dlan o: n be found adequate to ii-:piemen t :he National City_ LCPA 1-98B Page 12 4. Visual Resources The visual resources policies of the certified LUP require that the Specific Plan for the Harbor District area determine appropriate height limits, landscape elements, signage, and view protection and enhancement. Vistas shall be provided from public roadways and public open space areas to Paradise Marsh and the Sweetwater River Flood Control Channel. Landscaping and landscaped entryways shall be provided along new roads adjacent to Paradise Marsh. Tourist commercial uses shall have design requirements for landscape elements, signing, and architectural elements such as height, scale, bulk, color and building materials. The Specific Plan provides for numerous visual enhancement projects including a landscaped gateway to the Harbor District along West 24th Street, landscaping along Harrison Avenue, vista points to be improved with habitat buffer compatible viewing platforms, parks, and a native landscape restoration project. There are mandatory visual quality standards for wetland areas, wetland buffers, the plaza at the foot of Harrison 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 natural palette of the surrounding area, landscaping, and the placement of open space easements over public view corridors, accessways and habitat buffer areas. Standards for building bulk. mass, and setbacks are also included. Specific sign criteria include the prohibition of roof signs and free standing or on- or off -premise commercial signs. Therefore, as modified, the Harbor District Specific Plan conforms with and is adequate to carry out the certified land use plan. PART VI. CONSISTENCY WITH THE CALIFORNIA ENVIRONMENTAL fENTAL QUALITY ACT (CEQAI Section 21080.5 of the California Environmental Quality Act (CEQA) exempts local government from the requirement of preparing an environmental impact report (EIR) in connection with its local coastal program. Instead, the CEQA responsibilities are assigned to the Coastal Commission and the Commission's LCP review and approval program has been found by the Resources Agency to be functionally equivalent to the EIR process. Thus. under CEQA Section 21080.5, the Commission is relieved of the responsibility to prepare an EIR for each LCP. Nevertheless, the Commission is required in an LCP submittal or, as in this case, an LCP amendment submittal, to find that the LCP, or LCP, as amended, does con=crrr CEQA provisions. In the case of the subject LCP implementation plan. the Lommission finds that approval oI the clan as submitted would result in significant impac:s to environmentally sensitive habitat areas under the meaning of the California Environmental Quaiitr• Act. Suggested modifications have been included to reduce :he potential impacts to below a level of significance. National City LCPA 1-98B Page 13 Given the proposed mitigation measures, the Commission finds the proposed local coastal program amendment, as modified, will not result in significant environmental impacts under the meaning of the California Environmental Quality Act_ Furthermore, future individual projects would require coastal development permits from the City of National City. Throughout the City's Coastal Zone, the specific impacts associated with individual development projects would be assessed through the environmental review process; and, the individual project's compliance with CEQA would be assured. Therefore, the Commission finds 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 LCP amendment, as modified, can be supported_ (NATC'i t'LCPA1988St Rpt) Harncr District // Specific Pan Area US Naval Trolley Lre Station Fiaiircac Trees San Ciegn aay - • - Naricnai C:ty Manna Terrninat Z.17rF •=1,1.•1_ aTt Z.f =11.1.A. ASV. Paracisa Cree Trciley Station Farzoise Marc Psrace.:44 Unit of Marsn ;1 Sweetwater Nancra: Wildlife Pettit:a iNct. Uncer Naticrai Unniec Pr-rr Disznat (Nct Unner National Cay -Ftnure Junscictinn) NazioraiZty - Manna SWAT, C2-1ANNE- ;-# ./n Sartniszer Mars:" State t7C..."2 NATION.AL CITY }-1-RBOR DISTRICT LCP - SPECIFIC ARFA PLAl\- LCPA 1-98B LEGEND { H crCor District So ecific Area ?!on 3oundcr/ cunst Carrercci- �i. 'v ?!caned ieveiccrtsenr- cnes:c: Zone tourist C.:Irrn:ercic:- //`/�,j Cocstci ?one Coen Sccc_ Reserve- 1 ' Gcrc Zone i Medium Mcnuicc^.rring- fCoes:cf Lone Refuge Soundor! ^een Sccce- Caestci Zone _ - < s 1 1 �jC-7:431:1j i,✓Z/a..— 1 ;‹ .1 ••O R:C I I. res-ie V.^/ l '� • T—�•� Yc/ inn; ��,'i<;</,v��<%�/• ....f f\,' ,< y<� f./ •f-A• — yam..; /.f < . . .f. ./•' /ems t ,VC/; G r•g .id� on Disc �/^ �; (_Nar �ir.¢er _Y�anai c`::,- ��j��,!�/✓�'</✓��'1 3aa, L...: '1 n: n F c r C i - f ,. rc L :. d Use Zoninc NATIONAL CITY HARBOR DISTRICT LCP — SPECIFIC AREA PLAN �� : 1,Qr RESOLUTION NO. 98 - 95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOYIING A HARBOR DISTRICT SPECIFIC AREA PLAN W H:-REAS, the C iiforiia Coastal Act (Division 2C, Pubic Resources Ccde recuires the City of National City to prepare, adopt, and implement a Local Coastal Program for those pars of the City's corporate jurisdicnon that are located within the delineated zone; and W AS, the City of National City has received certification of its Loco Coastal Program generally from the Coastal Commission, but effective ce_rincat on of a ce-riUn area around Paradise Marsh within the City's jurisdiction pursuant to the Caliror..ia Ccasra Act was deferred; and W=RE_A.S, the City Council of the City of National City has adopted ars amendment to update relevant policies and maps of the certified Local Coastal Pre-arn Lana Use Plan, which update is entitled 'Land Use Plan Amendment, June 16, 1998", and on J 28 1998 authorized the submittal of said Amendment to *1:e California CoastalCo- nisalo_ for review, approval, and effective ce_ hicatcn; and =RE.aS, the cerhned National City Local Coastal Program contains a Use Plan that recuires City preparation, adoption, and submittal to the California Coast — Commission forits review, approval, and effective cestif=ticn of a Specific Area Plan :__ said area around Paradise Marsh and to facilitate habitat -consistent land ses, habina restoradon and buffers, public access, recreation, and circulation_; and i �� AS, a duly noticed City Council public workshop on im:iern en-adcn planning, programmatic objectives, and projects for and hi the Harbor District -:,as acid n. December 8, 1 97; and u REAS, a duly nodceed City Council and Planning Commission wcrin on implementation planning was held on Marc; 13, 1998: and W, PEAS, the Car -unity Development Commission of the City of Na_cna_ City conferred extensively with other public agencies. real grope_des. en•:i:on._en=_ or_cnizat ons. ccmmurdty organizations, and other public sta2Kencite.rs in the prepara_cn 17 t' t bor Disn_c: Specific Arm. : Plan. including through on_ sit.. field nips, meerLngs. and preparenon and review oI administ five drat: plan_^ documents: and •.L = .e..t -�.`�� .."ice'. Community e ;'e:Cpi- Cr--'-C.]""T'c:iCa Ci .<li. �-� C: a „_ __ fan i 9 :as pr.....y_ pot Disc_ �pec•-- �- - -•e � ociic, r i:-.......nts and directives o the 7.;se ?:a. mound Pa raise Jfo s . :e _:a_rdcr Dis and RESOLUTIOt Resolution No. .8 - 95 July 12, 1998 Page 2 of 4. W7EE_EAS, the Harbor District Specific Area Plan contains a de'. 1!ed and imclernentabie public access component in Chapter 2: and tiv-F� _? S, the Harbor District Specific Area Plan contains detailed and implementabie provisions that address, provide for, and regulate, as appropriate and consistent with the certified Local Coastal Program Land Use Plan and California Coastal Act, uses of greater than local significance within the Harbor Dist�_C:, or that are or may be affected by said Plan; and WHEREAS, notice of the availability of the Harbor District Specific Area Plan was mailed and published in a newspaper of general circulation, and copies were made available for public review, on June 16, 1998; and rY —AREAS duly noticed hearings on the Public Review Draft of the Harbor Dis _C: Spec:_-C Area Plan, inciuCing c:ar fi r. corrections and revisions in response to col --^eats, have been held by the Planning Co fission on Juiv :0, 1998 and by the City Council on July 2S, 1998, and all interested persons were given an opportunity during the day public review period of said Plan to appear and be heard before the Planning Commission and Ciry Council; and W HER.EA, the � .�.n;:_..S Pi 'nc Commission and City Council did consider .,_ mi testimony and other evidence at said hearings; and "-DPlanning `sson Juiy _O, 1998 after the close of its W_ ��5, the P. r.:r., COmr.�_.en -^ after^recommended approval of the Harbor District Specific Public nearlhg and deliberation 3: Area Plan, as clarified and revised, to the City Council; and based on commentsreceived* i red' on and technical review of the June 16, i 998 Public Review Draft Harbor District Specific Area Plan, the Community Development Commission of the City of National City has :.lade corrections and revisions to findings_ p-s contained in theHarbor Disc: Specific A rear Plan in order to maximize ciicies• and .�:a c.,: _„Specific Area Plan acC acy and provide substantive responses to public and agency comment_. ontained in addendum dated Juiv _ , 199 and •�� ^ cirri are .. the - _ Sthe Co miu : / De'/ eiopmen: Cominiion of the City of Na:_onn Ccnsisten Analysis, :cr Disu.:, Srlf.-:iric Are."' �� -, o :.rep ._ � ___ic `,' � - — 1 - relati onV:C applicable of :e ...,__he T ca;W P: gram _a::C. se : as `fie= pC1,..:eS`--- `-" California Coastal o:: and -. said _ - -- - _�.. cirri., r��1 ._.-- --—...._- -•--...�_ _..� "_ .��c ... :_._ ail Resolution No. 98 — 95 July 23, 1998 Page 3 of a addendum, is fully consistent with and adequate to carry out, the policies oI :he certified Land Use Plan, the California Coastal Act, and applicable regulations of the California Coastal Commission that govern preparation of Local Coastal Programs Amendments thereto; and WHEREAS, the Community Development Commission of the City of National City has prepared written responses to written and oral comments that were received art the Harbor District Specific Area Plan, including during the workshops; and INF7REAS, the City Council has considered the recommendation of the Planning Commission to approve the Harbor District Specific Area Plan, as corrected and revised; and WHEREAS, the preparation of and City Council action on the Harbor District Specific Area Plan constitute a Local Coastal Program Impiementacon Amendment that is statutorily exempt from the California Environmental Quality Act; and WHEREAS, the Harbor District Specific Area Plan has been prepared and reviewed pursuant to the California Coastal Commission's Local Coastal Program regulations, which have been deemed by the California Secretary for Resources to be the functional equivalent of the California Environmental Quality Act. . NOW, T RE. ORE, EE IT RESOLVED by the- City Council of the City of National City as follows: 1. The Harbor District c:Spec.,c Area Plan Local CoastalB row.ImDiemea:ticr, Amendment is consistent with, and adequate to carry out, all applicable provisions of the certified National City Local Coastal Program Land Use Plan, the California Coastal Ac:, an0 regulations of the California Coastal Commission. L. The National City Local Coastal Program, as amended by the Harbor District Specific Area Plan, is intended to be carried out in a manner fully consistent with the California Coastal Act. 3. The Harbor District Specific Area Plan Local Coastal Program n m nta r0�_... implementation Amendment. 3S submitted, is intended totake effect immediately upon ..eft;i;Cnt'0❑ 1rHron of the California Coastal Commission. Director of the CommunityDevelopment t Ccmmics:(-. :c submit _....ccr `,istric: c.- _...., ..:ea Plan Local Coastal Pr ifiiuic::.�.:_ ,. .-...,.ndmen.. wit: a:_' recurred_ ^aril = Occuments. :o Me California Coastal ,..,,......__:gin .�: ._ -......;'.'. ccrova, and o•_._t..,.LCici. of _.ye Amendmen:. Resolution 98 — July 73, 1998 P^ge1oj. The hearing and action by the California Coastal Commission on the Harbor District Scecinc Area Plan Local Coastal Pro ,gym Imnie:nenration Amendment is reouested to occur within the County of San Diego during said Commission's meeting in Oceanside on October 13 — 16, 1993. PASSED and ADO1-71'1.1) this 2.8th day of Silly, 1998. George H. Waters, Mayor AT" EaT: 1/ Mic aei R. Dina, City Clerk APPROVED AS TO FORM: Ce^re I=. Else: - City Attorney By: .� ram, Trr Rudolf Hradecky, Esc. Senior Assisa t Cry Attorney Affidavit of Publication I V 1 _ i..i OCT 201998 CITY OF NATIONAL CITY 140 3 12TH ST #B NATIONAL CITY, CA 91950 STATE OF CALIFORNIA} ss. County of San Diego} The Undersigned, being duly sworn, deposes and says: That....She 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 all 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 newspaper is not devoted to nor published for the interests, entertainment 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 copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following date, to -wit: OCTOBER 12,1998 air tf/V efC1erk for the Pub Subscribed and Sworn to before me th her S \. , la-l/, Notary Public hi and fur the scud County and State Affidavit of Publication of Legal Classified Advertisement GonhlilUnl(y ,evelopment Commissioi nrriPrPri 1t/' PD CROCKETT Notice Of Public Hearing And Possible Action By The National City City Council In Response To Coastal Commission' Staff Recommendations For Harbor District Specific Area Plan (National City Local Coastal Program Amendment No. 1-988) DATE: Tuesday, 10;2248 TIME: 6 p.m. PLACE: National City City Han Council Chambers 1243 National City Blvd National City The National' City City Council will hold a public hearing at the time and place indicated above to review, and possibly take action to amend the Harbor District Specific Area Plan (Notional City LCPA No. 1-98B) in re- sponse' to, recommenda- tions by the staff of the California Coastal Com- mission, including cor- rections, modifications, or other minor changes. Interested persons may review the Coastal Com- mission Staff Report and Recommendations for National City LCPA No. 1.98E during normal business hours at the public Counter of the Na- tional -City Community Development Commis- sion (140 East 12th Street, Suite B, Notional City 91950), or at the Na- tional City Public Li- brary (200 East 12th Street) as soon as the document is received from the Coastal Com- mission, on or after Octo- ber 19, 1998. The Coastal Commission Staff Re- port and Recommenda- tions for National City LCPA No. 1-98B may al- so be requested directly from the California Coastal Commission (3111 Camino del Rio North, Suite 200, San Die- go 92108). Ail interested persons are invitea to comment either in person of the time of the public hear- ing, or in writing prior to or at the time of the pub- lic hearing. Please ad- dress questions or writ- ten comments to: Eric Crockett, Project Coordinator Notional City Community Development Commission 140 East 12th Street, Suite B Notional City, CA 91950 Phone: (619) 336-4250 Fax: (619) 336-4286 E-mail: HDSAPCDCo�AOl.com 'li'JI rI ;F 1 0 J1 1 Attachment No. 2 RESOLUTION NO. 98-143 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN AMENDMENT TO THE HARBOR DISTRICT SPEC1r IC AREA PLAN AND LOCAL COASTAL PROGRAM IMPLEMENTATION AMENDMENT (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, staff has recommended six modifications to major amendment 1-98B so that it conforms with and is adequate to carry out the provisions of the certified land use plan, and: WHEREAS, a public hearing, to respond to Coastal Commission staff recommendations. was duly noticed in a newspaper of general circulation in accordance with Coastal Act noticing requirements. and WHEREAS, copies of the Coastal Commission report and major amendment 1-98B have been made available to the public at the City library. Community Development Commission office and office of the City Clerk_ and: WHEREAS. the six suggested modifications are consistent with the certified National City Local Coastal Plan. and reflect clarifications to the contents and intent of the Harbor District Specific Area Plan, as adopted by the City Council on July 28. 1998: and. WHEREAS. the six suggested modifications are minor. and do not constitute material changes or changes that have not been the subject of public review and comment before the Commission: and. WHEREAS. the City Council on October 27. 1998 after the close of the public hearing considered the recommendations of the California Coastal Commission star. and: WHEREAS. the City Council directed staff to make the modifications recommended by Coastal Commission staff to Maior amendment 1-98. and: ?(12e . Of 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 27'h day of October, 1998. ATTEST: Paul Desrochers, Secretary APPROVED AS TO FORM: George H. Eiser, III City -CDC Aorney 1l udolph Hradecky; sistant CDC/City Attorney George H. Waters, Chairman Page 2 of 2 City of National City, California COUNCIL AGENDA STATEMENT 2 MEETING DATE 10-27-98 AGENDA ITEM NO. ITEM TITLE WARRANT REGISTER #16 PREPARED BY DEPARTMENT ROBERT A. RABAGO FINANCE EXPLANATION. RATIFICATION OF WARRANT REGISTER #16 PER GOVERNMENT SECTION CODE 37208. Environmental Review N/A Financial Statement N/A Account No STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $269,865.58 BOARD/COMMISSION RECOMMENDATIQN 61,Pma z� L�Cc, CZL'L ATTACHMENTS (Listed Below) Resolution No 1. Warrant Register #16 2. Worker's Comp Warrant Register dated 10/14/98 A .:CL Ze. AO TO: FROM: City of National City Department of Finance 1243 National City Blvd., National City, CA 91950-4397 (619) 336-4267 THE MAYOR AND CITY COUNCILMEMBERS MARIA L. MATIENZO, FINANCE DIRECTOR SUBJECT: RATIFICATION OF WARRANTS AND/OR PAYROLL REGISTER NO. 16 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 STATE PUBLIC LIBRARY GRANT -NC SUPPR. OF DR TRASH RATE STABILIZAT REGISTER TOTALS PAYROLL TOTAL 68,137.04 150.00 917.15 4,447.24 12,678.99 1,050.50 168.21 2,208.13 62.11 10.40 157.14 73.00 LIBRARY COMPUTER CENT 30TH STREET CLEANUP F 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 74.14 11,607.28 68,026.22 1,012.85 10,000.00 55,600.21 21,523.79 2,493.88 635.91 1,382.57 781.81 155.22 263,353.79 C.00 263,353.79 I HEREBY CERTIFY THAT THE DEMANDS AS LISTED ABOVE AND COVERED BY: WARRANT NUMBERS 151692 THROUGH 151790 INCLUSIVE EXCEPTING NONE 1238-1258 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 DIRECTOR a«y,:led .,��� City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 27, 1998 3 AGENDA ITEM NO. ITEM TITLE CLAIM FOR DAMAGES: Don Marshall PREPARED BY Michael R. Dalla EXPLANATION. DEPARTMENT City Clerk The claim of Don Marshall arises from an occurrence on July 9, 1998 and was filed with the City Clerk's Office on September 9, 1998 Environmental Review Financial Statement N/A XX N/A Account No. IMF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (listed Below) Resolution No. Copy of Claim for Damages. >-«u liar ,,JAI City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 27, 1998 4 AGENDA ITEM NO. 1 ITEM TITLE CLAIM FOR DAMAGES: Angel Gonzalez PREPARED BY Michael R. Dalla 91 DEPARTMENT City Clerk EXPLANATION. The claim of Angel Gonzalez arises from an occurrence on March 21, 1998 and was filed with the City Clerk's Office on September 21, 1998 Environmental Review XX N/A Financial Statement N/A Account No STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No Copy of Claim for Damages. a-.:: ,/yp' City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 27, 1998 5 AGENDA ITEM NO. ITEM TITLE RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY 1313 NATIONAL CITY (CDC) APPROVING AN AMENDMENT TO THE HARBOR DISTRICT SPECIFIC AREA PROGRAM AND LOCAL COASTAL PROGRAM IMPLEMENTATION AMENDMENT (MAJOR AMENDMENT 1- 98B). PREPARED BY Paul Desrochers `� DEPARTMENT COMMUNITY DEVELOPMENT Executive Director COMMISSION (CDC) V EXPLANATION California Coastal Commission staff made recommendations to amend the submitted Harbor District Specific Area Plan and Local Coastal Program implementation amendment (major amendment 1-98B) to bring it into conformity with the National City certified land use plan. This resolution will allow the suggested modifications to be made to the submittal allowing California Coastal Staff to recommend certification as submitted by National City at the Coastal Commission Hearing on November 5,1998. Environmental Review N/A Financial Statement None STAFF RECOMMENDATION Approve above referenced resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution Account No. Resolution No. 98-143 A-2C0 9/801 RESOLUTION NO. 98-143 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN AMENDMENT TO THE HARBOR DISTRICT SPECIFIC AREA PLAN AND LOCAL COASTAL PROGRAM IMPLEMENTATION AMENDMENT (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 fmal 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, staff has recommended six modifications to major amendment 1-98B so that it conforms with and is adequate to carry out the provisions of the certified land use plan. and; WHEREAS, a public hearing, to respond to Coastal Commission staff recommendations, was duly noticed in a newspaper of general circulation in accordance with Coastal Act noticing requirements. and WHEREAS, copies of the Coastal Commission report and major amendment 1-98B have been made available to the public at the City library, Community Development Commission office and office of the City Clerk, and; WHEREAS. the six suggested modifications are consistent with the certified National City Local Coastal Plan. and reflect clarifications to the contents and intent of the Harbor District Specific Area Plan. as adopted by the City Council on July 28. 1998: and. WHEREAS, the six suggested modifications are minor. and do not constitute material changes or changes that have not been the subject of public review and comment before the Commission: and. WHEREAS, the City Council on October 27, 1998 after the close of the public hearing considered the recommendations of the California Coastal Commission staff, and: WHEREAS, the City Council directed staff to make the modifications recommended by Coastal Commission staff to Major amendment 1-98. and: Page 1 of 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 Aorney B 1 f C L'4 �. Rudolph Hradecky; A sistant CDC/City Attorney George H. Waters, Chairman Page 2 of