AGENDA
Consolidated Regular Meeting
City Council Chamber - 1243 National City
Boulevard, National City, CA
Ron Morrison, Mayor
Marcus Bush, Vice-Mayor – District 4 Scott W. Huth, Interim City Manager Luz Molina, Councilmember- District 1 Barry J. Schultz, City Attorney Jose Rodriguez, Councilmember -District 2 Shelley Chapel, MMC, City Clerk Ditas Yamane, Councilmember – District 3
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The City Council also sits as the City of National City Community Development Commission, Housing Authority, Joint Powers Financing Authority, and Successor Agency to the Community Development Commission as the National City Redevelopment Agency
Thank you for participating in local government and the City of National City Council Meetings.
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EFFECTIVE JANUARY 1, 2023
All Contributions to Candidates and Current Elected Officials are required to self -report a Declaration of Campaign Contribution to a Councilmember of more than $250 within the past year (effective Jan 1, 2023). This report may be included on the Public Comment Speaker Slip to be completed prior to the City Council Meeting.
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AGENDA
Consolidated Regular Meeting
City Council Chamber - 1243 National City
Boulevard, National City, CA
Ron Morrison, Mayor
Marcus Bush, Vice-Mayor – District 4 Scott W. Huth, Interim City Manager Luz Molina, Councilmember- District 1 Barry J. Schultz, City Attorney Jose Rodriguez, Councilmember -District 2 Shelley Chapel, MMC, City Clerk Ditas Yamane, Councilmember – District 3
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The City Council also sits as the City of National City Community Development Commission, Housing Authority, Joint Powers Financing Authority, and Successor Agency to the Community Development Commission as the National City Redevelopment Agency
Gracias por participar en las reuniones del gobierno local y del Consejo de la Ciudad de National City.
Reuniones: Las reuniones regulares del Consejo Municipal se llevan a cabo el primer y tercer martes del mes a las 6:00 p.m. La reunión especial de sesión privada y los talleres pueden ser el mismo día, la hora de inicio se basa en las necesidades. Consulte las agendas especiales para conocer los horarios.
Ubicación: Las reuniones regulares del Concejo Municipal se llevan a cabo en la Cámara del Consejo ubicada en el Ayuntamiento, 1243 National City Boulevard, National City, CA 91950, las reuniones están abiertas al público.
Agendas y Material: Las Agendas y el Paquete de Agenda para los temas enumerados están disponibles en el sitio web de la Ciudad y se distribuyen al Concejo Municipal no menos de 72 horas antes de la Reunión del Concejo Municipal. Regístrese para recibir notificaciones electrónicas cuando se publiquen artículos.
Participación pública: Se fomenta de varias maneras como se describe a continuación. Los miembros del público pueden asist ir a la Reunión del Concejo Municipal en persona, ver la Reunión del Concejo Municipal a través de la transmisión web en vivo o participar de forma remota a través de Zoom. Las grabaciones de las reuniones están archivadas y disponibles para su visualización en el sitio web de la Ciudad.
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A PARTIR DEL 1 DE ENERO DE 2023
Todas las contribuciones a los candidatos y funcionarios electos actuales deben autoinformar una Declaración de contribución de campaña a un concejal de más de $ 250 en el último año (a partir del 1 de enero de 2023). Este informe puede incluirse en el Re cibo del orador de comentarios públicos que se completará antes de la reunión del Concejo Municipal Servicios de interpretación en español: Los servicios de interpretación en español están disponibles, comuníquese con el Secretario de la Ciudad antes del i nicio de la reunión para obtener ayuda.
Título II de la Ley de Discapacidades Americanas: En cumplimiento con la Ley de Discapacidades Americanas de 1990, las personas con discapacidad pueden solicitar una agenda en formatos alternativos apropiados según l o requerido por el Título II. Cualquier persona con una discapacidad que requiera un modificación o adaptación para participar en una reunión debe dirigir dicha solicitud a la Oficina del Secretario de la Ciudad (619) 336 -4228 al menos 24 horas antes de la reunión.
AGENDA
Consolidated Regular Meeting
Tuesday, May 6, 2025, 6:00 p.m.
City Council Chamber - 1243 National City Boulevard
National City, CA
Pages
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE TO THE FLAG
4. INVOCATION
5. PUBLIC COMMENT
In accordance with State law, an item not scheduled on the agenda may be brought forward by the general public for comment; however, the City Council will not be able to discuss or take action on any issue not included on the agenda. Speakers will have up to three (3) minutes.
6. PROCLAMATIONS AND RECOGNITION
6.1 Introduction of New City Employees 5
7. REGIONAL BOARDS AND COMMITTEE REPORTS (Limited to Five (5) Minutes each) Per Government Code Section 53232.3(d) also known as AB1234:
Members of a legislative body shall provide brief reports on meetings attended at the expense of the local agency at the next regular meeting of the legislative body.
8. CONSENT CALENDAR
The Consent Calendar may be enacted in one motion by the City Council with a Roll Call Vote without discussion unless a Councilmember, a member of the Public, or the City Manager requests an item be removed for discussion. Items removed from the Consent Calendar will be considered immediately following the adoption of the Calendar.
8.1 Approval of Reading by Title Only and Waiver of Reading in Full of Ordinance on this Agenda
8.2 Approval of City Council Meeting Minutes. 6
Recommendation:
Approve and file.
8.3 City Council 2025 Legislative Recess 43
Recommendation:
Provide Direction to Staff on observing a Legislative Recess, which is Historically taken in the Month of July, as Allowed by National City Municipal Code (NCMC) 2.04.020, and City Council Policy No. 104 (III)(H), and (K).
8.4 Fire Prevention Services Agreement 45
Recommendation:
Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Waiving the Formal Bid Process Pursuant to National City Municipal Code Section 2.60.110 (B) and Authorizing the Mayor to Execute an Agreement by and Between the City of National City and Fire Prevention Services, Inc. for Weed and Litter Abatement Services”.
8.5 Memorandum of Understanding between San Diego Unified Port District, San Diego Association of Governments, California Department of Transportation, City of San Diego, and National City for development of the Harbor Dr. 2.0 Port Access Improvements Project
66 Recommendation:
Adopt the Resolution Entitled: “Resolution of the City Council of the City of National City, California, Authorizing the City Manager or Designee to Execute a Memorandum of Understanding Between the San Diego Unified Port District, the San Diego Association of Governments, the California Department of Transportation, the City of San Diego, and the City of National City for Collaboration in the Development and Implementation of the Harbor Drive 2.0 Port Access Improvements Project.”
8.6 First Amendment of On Duty Health Agreement 79
Recommendation:
Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Ratifying the Expenditure of $49,398 for Services Provided by On Duty Health, LLC, in Fiscal Year 2024 and Approving and Authorizing the Mayor to Execute the First Amendment to the Agreement by and Between the City of National City and On Duty Health, LLC”.
8.7 Approval of an Agreement with Luth and Turley, Inc., for Sewer and Flood Restoration Services for a Not-to-Exceed Amount of $150,000. 117
Recommendation:
Adopt the Resolution Entitled: “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute an Agreement between the City of National City and Luth and Turley, Inc., for Sewer and Flood Restoration Services for the Term of May 6, 2025 to May 6, 2028 for the Not-to-Exceed Amount of $150,000.”
8.8 Staff Report Describing the Discretionary Application Process for the Sweetwater Gas Station Project.
138
Recommendation:
File the Report.
8.9 Temporary Use Permit – Groupe’s Summer Car Show Hosted by the Groupe Car Club at 2400-3000 Transportation Avenue on Saturday, July 19, 2025, from 10 a.m. to 4 p.m. with No Waiver of Fees.
146
Recommendation:
Approve the Application for a Temporary Use Permit Subject to Compliance with all Conditions of Approval with No Waiver of Fees and in Accordance with City Council Policy 802.
8.10 Warrant Register No. 36 for the Period of 2/28/25 through 3/06/25 in the Amount of $2,209,217.01
169
Recommendation:
Ratify Warrants Totaling $2,209,217.01
8.11 Warrant Register No. 37 for the Period of 3/07/25 through 3/13/25 in the Amount of $3,527,176.16
182
Recommendation:
Ratify Warrants Totaling $3,527,176.16
9. CONTINUED PUBLIC HEARING
9.1 Public Hearing and Adoption of an Ordinance Amending Chapter 15.29 of the National City Municipal Code Establishing a Fire Inspection Program. 195
Recommendation:
Hold Public Hearing and Adopt an Ordinance by Second Reading, Entitled, “An Ordinance of the City Council of the City of National City, California, Amending Chapter 15.29 of the National City Municipal Code to Establish an Annual and Biennial Fire Inspection Program as Well as a Self-Inspection Program for Low- Risk Commercial Businesses.
10. PUBLIC HEARING
The following item(s) have been advertised as public hearing(s) as required by law.
10.1 Public Hearing and Introduction of an Ordinance of the City Council of the City of National City, Repealing Ordinance No. 2023-2521 and Adopting an Ordinance Establishing Sewer Service Charges for FY 2025-2026, 2026-2027, 2027-2028, 2028-2029, 2029-2030.
203
Recommendation:
Hold Public Hearing, Consider and Count the Number of Protest Votes Received, and Introduce Ordinance Titled, “An Ordinance of the City Council of the City of National City, California, Repealing Ordinance No. 2017-2442, as Amended by Ordinance No. 2023-2521, and Adopting an Ordinance Establishing Sewer Service Charges for Fiscal Years 2025-2026, 2026-2027, 2027-2028, 2028-2029, and 2029-2030.”
11. STAFF REPORTS
11.1 Update on the Development of Accessory Dwelling Units 248 Recommendation:
File the report
11.2 City Manager Executive Recruitment 251
Recommendation:
Retain an Executive Recruitment Firm for City Manager Recruitment
12. CITY MANAGER’S REPORT
13. ELECTED OFFICIALS REPORT
14. CITY ATTORNEY REPORT
15. ADJOURNMENT
Regular Meeting of the City Council of the City of National City - Tuesday, May 20, 2025 - 6:00 p.m. - Council Chambers - National City, California.
AGENDA REPORT
Department: City Clerk's Office
Prepared by: Shelley Chapel, MMC, City Clerk
Meeting Date: Tuesday, May 6, 2025
Approved by: Scott W. Huth, Interim City Manager
SUBJECT:
Approval of City Council Meeting Minutes.
RECOMMENDATION:
Approve and file.
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
Meeting Minutes:
Special City Council Meeting – Closed Session of April 1, 2025 Regular City Council Meeting of April 1, 2025
Special City Council Meeting – Closed Session of April 14, 2025 Special City Council Meeting – Closed Session of April 15, 2025 Regular City Council Meeting of April 15, 2025
Special City Council Meeting – Closed Session of April 18, 2025 Special City Council Meeting of April 22, 2025
FINANCIAL STATEMENT:
Not Applicable.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Not Applicable
ENVIRONMENTAL REVIEW:
This is not a project under CEQA , and is therefore , not subject to environmental review.
CCR15378; PRC 21065.
PUBLIC NOTIFICATION:
The Agenda Report was posted at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A – Special City Council Meeting – Closed Session of April 1, 2025 – Meeting Minutes Exhibit B – Regular City Council Meeting of April 1, 2025 – Meeting Minutes Exhibit C – Special City Council Meeting – Closed Session of April 14, 2025 – Meeting Minutes Exhibit D – Special City Council Meeting – Closed Session of April 15, 2025 – Meeting Minutes
Exhibit E – Regular City Council Meeting of April 15, 2025 – Meeting Minutes Exhibit F – Special City Council Meeting – Closed Session of April 18, 2025 – Meeting Minutes Exhibit G – Special City Council Meeting of April 22, 2025 – Meeting Minutes
SPECIAL MEETING MINUTES OF THE CITY COUNCIL
CLOSED SESSION
April 1, 2025, 5:00 p.m.
City Council Chamber - 1243 National City Boulevard
National City, CA
Present: Councilmember Molina (arrived 5:04)
Councilmember Rodriguez
Councilmember Yamane
Vice-Mayor Bush
Mayor Morrison
Others Present: Benjamin A. Martinez, City Manager
Barry J. Schultz, City Attorney
Shelley Chapel, City Clerk (via Zoom)
Tonya Hussain, Deputy City Clerk
William Pate, Outside Counsel
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1. CALL TO ORDER
A Special Meeting of the City Council of the City of National City was called to order at 5:02 p.m. via teleconference and in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.
2. ROLL CALL
Councilmembers present: Molina, Rodriguez, Yamane, Bush, Morrison
3. PLEDGE OF ALLEGIANCE TO THE FLAG
Mayor Morrison led the Pledge of Allegiance.
4. PUBLIC COMMENT (Public Comment will be restricted to Agenda Items Only) Mayor Morrison restricted Public Comment to one-minute.
Item 5.1
In-Person Comment:
Luisa McCarthy
Micaela Polanco
Michael Aguirre
Doyle Morrison
Alisha Morrison
Paul Wapnowski
Ed Nieto
Item 5.2
In-Person Comment:
Michael Aguirre
Luisa McCarthy
Micaela Polanco
Ed Nieto
Liliana Armenta
Juliana Armenta
Alisha Morrison
Doyle Morrison
Paul Wapnowski
5. CLOSED SESSION
Members retired into Closed Session at 5:24 p.m. and returned at 6:18 p.m. with all members present in attendance: Molina, Rodriguez, Yamane, Bush , Morrison, Schultz, and outside counsel William Pate. (Item 5.1 only)
5.1 CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Cummins v. City of National City. et al
San Diego Superior Court
Case Number: 37-2022-00004671-CU-OE-CTL
5.2 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957.6
Position to be Reviewed: City Attorney
Closed Session Item 5.2 will continue at the end of the Regular City Council Meeting.
Announcement of actions taken in Closed Session announced at the Regular City Council Meeting, which occurred at 6:00 p.m.
6. ADJOURNMENT
Mayor Morrison adjourned at 6:19 p.m. to the Regular Meeting of the City Council of the City of National City, Tuesday, April 1, 2025, at 6:00 p.m. in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.
_________________________
Shelley Chapel, MMC, City Clerk
The foregoing minutes were approved at the Regular Meeting of May 6, 2025.
__________________________
Ron Morrison, Mayor
REGULAR MEETING MINUTES OF THE CITY COUNCIL
April 1, 2025, 6:00 p.m.
City Council Chamber - 1243 National City Boulevard
National City, CA
Present: Councilmember Molina
Councilmember Rodriguez
Councilmember Yamane
Vice-Mayor Bush
Mayor Morrison
Others Present: Ben Martinez, City Manager
Barry J. Schultz, City Attorney
Shelley Chapel, City Clerk (via Zoom)
Carlos Aguirre, Director of Community Development
Derek Aydelotte, Police Captain
Bruce Foltz, Director of Finance
Brian Hadley, Deputy City Manager
Lydia Hernandez, Human Services Director
Tonya Hussain, Deputy City Clerk
Steve Manganiello, Director of Engineering & Public Works Sergio Mora, Fire Chief
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1. CALL TO ORDER
A Regular Meeting of the City Council of the City of National City was called to order at 6:27 p.m. via teleconference and in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.
Vice-Mayor Bush left the dais at 6:28 p.m. and returned at 6:29 p.m.
2. ROLL CALL
Councilmembers present: Molina, Rodriguez, Yamane, Bush, Morrison.
Interpretation in Spanish provided by Carlos Diaz and Luisa Diaz de Leon.
3. PLEDGE OF ALLEGIANCE TO THE FLAG
Councilmember Yamane led the Pledge of Allegiance.
4. INVOCATION
None.
5. PUBLIC COMMENT
Mayor Morrison summarized the process for acceptance of live public comment allowing one (1) minute per comment and introduced City Clerk Chapel.
In-person comment:
Luisa McCarthy
Liliana Armenta
Paul Wapnowski
Laura Wilkinson Sinton
Alex Neu
Mike Montoya
Randi Castle-Salgado
Ruth Cuevas
Jeanine Santa Cruz Hernandez
Iso Rios
Doyle Morrison
Alisha Morrison
Ed Nieto
Sandy Scheller
Micaela Polanco
Mayor Morrison left the dais at 6:47 p.m. and returned at 6:48 p.m.
Virtual comment:
Judi Strang
Madison Rapp
Barbara Gordon
Roberto Umana
6. PROCLAMATIONS AND RECOGNITION
6.1 Proclamation: Fair Housing Month
Proclamation introduced by Mayor Morrison and accepted by CSA San Diego.
6.2 Introduction of New City Employees
Police Captain Derek Aydelotte and Assistant Director of Community Development introduced new department staff.
7. PRESENTATION (Limited to Five (5) Minutes each)
Vice-Mayor Bush left the dais at 7:00 p.m. and returned at 7:05 p.m.
7.1 Del Mar Fairgrounds 2050
Del Mar Fairgrounds C hief Executive Office r Chris Wahl provided a PowerPoint presentation.
7.2 Community and Police Relations Commission Annual Report to Council Community and Police Relations Commission Chair Daniel Orth presented a PowerPoint presentation.
7.3 Traffic Safety Committee Annual Report
Traffic Safety Committee Chair Cynthia Fuller Quinonez provided a PowerPoint presentation.
8. REGIONAL BOARDS AND COMMITTEE REPORTS (Limited to Five (5) Minutes each)
Councilmember Rodriguez had nothing to report.
Councilmember Yamane reported on her attendance at a SANDAG Board of Director’s meeting.
Councilmember Molina provided an update on the SANDAG Public Safety Committee Meeting.
Vice-Mayor Bush had nothing to report.
Mayor Morrison had no report.
9. CONSENT CALENDAR
ACTION: Motion by Councilmember Molina, seconded by Vice -Mayor Bush to approve the Consent Calendar with the exception of items 9.3 through 9.9 pulled by Councilmember Yamane and for public comment.
Motion carried by unanimous vote.
9.1 Approval of Reading by Title Only and Waiver of Reading in Full of Ordinance on this Agenda
Motion carried by unanimous vote.
9.2 Approval of City Council Meeting Minutes.
Approve and file.
Motion carried by unanimous vote.
Item pulled for discussion.
9.3 Authorizing the Filing of Seven Applications for Smart Growth Incentive Program (SGIP) Grant Funds from the San Diego Association of Governments (SANDAG) and Accepting the Terms of the Grant Agreement.
Adopted Resolution No. 2025-27.
Adopt a Resolution entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Filing of Seven Applications for Smart Growth Incentive Program Grant Funds from the San Diego Association of Governments and Accepting the Terms of the Grant Agreement.”
ACTION: Motion by Councilmember Yamane, seconded by Councilmember Rodriguez to adopt the resolution.
Motion carried by unanimous vote.
Item pulled for discussion.
9.4 First Amendment of On Duty Health Agreement
Public comment received from Thomas Rike.
Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Ratifying the Expenditure of $49,398 for Services Provided by On Duty Health, LLC, in Fiscal Year 2024 and Approving an d Authorizing the Mayor to Execute the First Amendment to the Agreement by and Between the City of National City and On Duty Health, LLC”.
ACTION: Motion by Councilmember Yamane , seconded by Councilmember Rodriguez to table the item and have it return a t the May 6, 2025 City Council meeting.
Motion carried by 4-1 vote.
Ayes: Molina, Rodriguez, Yamane, Morrison
Nays: Bush
Item pulled for discussion.
9.5 Installation of a Blue Curb Disabled Persons Parking Space with Signage in Front of the Residence Located at 1721 Wilson Avenue.
Adopted Resolution No. 2025-29.
Adopt a Resolution entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Installation of a Blue Curb Disabled Persons Parking Space with Signage in Front of the Residence at 1721 Wilson Avenue.” ACTION: Motion by Councilmember Yamane, seconded by Councilmember Rodriguez to adopt the resolutions for agenda items 9.5 and 9.6.
Item pulled for discussion.
9.6 Installation of a Blue Curb Disabled Persons Parking Space in Front of the Residence Located at 2028 Wilson Avenue
Adopted Resolution No. 2025-30.
Adopt a Resolution entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Installation of a Blue Curb Disabled Persons Parking Space in Front of the Residence Located at 2028 Wilson Avenue.” Item pulled for discussion.
9.7 Warrant Register #31 for the Period of 1/24/25 through 1/30/25 in the Amount of $2,187,613.06
Public comment was received from Thomas Rike.
Ratify Warrants Totaling $2,187,613.06.
ACTION: Motion by Councilmember Yamane, seconded by Councilmember Rodriguez to ratify the warrants.
Motion carried by unanimous vote.
Item pulled for discussion.
9.8 Warrant Register #32 for the Period of 1/31/25 through 2/06/25 in the Amount of $4,520,556.17
Public comment was received from Thomas Rike and Ed Nieto.
Ratify Warrants Totaling $4,520,556.17.
ACTION: Motion by Councilmember Yamane, seconded by Councilmember Rodriguez to ratify the warrants.
Motion carried by unanimous vote.
Item pulled for discussion.
9.9 Warrant Register #33 for the Period of 2/07/25 through 2/13/25 in the Amount of $3,701,370.11
Public comment received from Thomas Rike.
Ratify Warrants Totaling $3,701,370.11.
ACTION: Motion by Councilmember Yamane, seconded by Councilmember Rodriguez to ratify the warrants.
Motion carried by unanimous vote.
10. PUBLIC HEARING
10.1 Fiscal Year 2025-2026 Streamlined Annual Public Housing Agency Plan, 2025- 2029 Five-Year Public Housing Agency Plan, and Updated Section 8 Housing Choice Voucher Program Administrative Plan.
Adopted Community Development Commission Resolution No. 2025-96 Item introduced by Director of Community Development Carlos Aguirre.
Mayor Morrison opened the Public Hearing at 7:54 p.m.
There was no public comment.
ACTION: Motion by Councilmember Rodriguez, seconded by Councilmember Yamane to close the Public Hearing.
Motion carried by unanimous vote.
Public Hearing closed at 7:55 p.m.
Recommendation: Conduct the Public Hearing and Adopt a Resolution Entitled, “Resolution of the Community Development Commission-Housing Authority of the City of National City, California, Approving the Streamlined Annual Public Housing Agency Plan for Fiscal Year 2025 -2026 and the 2025 -2029 Five -Year Public Housing Agency Plan for Submission to the U.S. Department of Housing and Urban Development; and Adopting an Updated Housing Choice Voucher Administrative Plan.”
ACTION: Motion by Councilmember Rodriguez, seconded by Cou ncilmember Yamane to adopt the resolution.
Motion carried by unanimous vote.
10.2 Introduction and First Reading of an Ordinance Amending Chapter 15.29 of the National City Municipal Code Establishing a Fire Inspection Program Fire Chief Sergio Mora and Deputy Fire Marshall Robert Drew provided a report.
Mayor Morrison opened the Public Hearing at 8:11 p.m.
Public comment was received from Thomas Rike.
ACTION: Motion by Councilmember Yamane, seconded by Vice -Mayor Bush to close the Public Hearing.
Motion carried by unanimous vote.
Public Hearing closed at 8:13 p.m.
Recommendation: Introduce the Ordinance by First Reading, Entitled, “An Ordinance of the City Council of the City of National City, California, Amending Chapter 15.29 of the National Ci ty Municipal Code to Establish an Annual and Biennial Fire Inspection Program as Well as a Self -Inspection Program for Low - Risk Commercial Businesses.”
ACTION: Motion by Councilmember Molina, seconded by Mayor Morrison to introduce the Ordinance by First Reading.
Motion carried by 4-1 vote.
Ayes: Bush, Molina, Rodriguez, Morrison
Nays: Yamane
10.3 Introduction of Ordinance Amending Chapter 9.60 of the National City Municipal Code to Expand Operating Hours for Store Front Cannabis Retail Facilities.
Assistant Director of Community Development Martin Reeder introduced the item.
Mayor Morrison opened the Public Hearing at 8:22 p.m.
In-person public comment
Thomas Rike
Alex Ayon
Councilmember Rodriguez left the dais at 8:21 p.m. and returned at 8:25 p.m.
Virtual public comment
Judi Strang
Peggy Walker
Megan Stuart
Madison Rapp
Written comment was received from Ted Godshalk.
ACTION: Motion by Councilmember Rodriguez, seconded by Councilmember Yamane to close the Public Hearing.
Motion carried by unanimous vote.
Public Hearing closed at 8:27 p.m.
Councilmember Yamane disclosed that she had visited Sessions by the Bay and spoke with the owners.
Mayor Morrison disclosed that he had toured the facility and met with the owners of Sessions by the Bay.
Vice-Mayor Bush disclosed that he had toured the facility.
Recommendation: Introduce Ordinance Entitled: “An Ordinance of the City Council of the City of National City, California, Amending Chapter 9.60 ‘Commercial Cannabis Activity’ of the National City Municipal Code to Modify Operating Hours for Store Front Retail Facilities.”
ACTION: Motion by Vice-Mayor Bush, seconded by Councilmember Rodriguez to introduce the Ordinance.
Motion carried by 4-1 vote.
Ayes: Bush, Molina, Rodriguez, Morrison
Nays: Yamane
10.4 Public Hearing and Introduction of an Ordinance Amending National City Municipal Code Title 11, Section 11.32.140, Pertaining to Stopping and Parking Prohibitions.
Director of Engineering & Public Works Stephen Manganiello.
Mayor Morrison opened the Public Hearing at 8:36 p.m.
There was no public comment
ACTION: Motion by Councilmember Yamane, seconded by Vice -Mayor Bush to close the Public Hearing.
Motion carried by unanimous vote.
Public Hearing closed at 8:38 p.m.
Recommendation: Introduce Ordinance by First Reading, entitled, “An Ordinance of the City Council of the City of National City, California, Amending Chapter 11.32 ‘Stopping, Standing and Parking’ of the National City Municipal Code Pertaining to Stopping and Parking Prohibitions.”
11. STAFF REPORTS
Vice-Mayor Bush left the dais at 8:40 p.m. and returned at 8:42 p.m.
11.1 Discussion of Potential Short-Term Rental Ordinance Director of Community Development Martin Reeder provided a PowerPoint presentation.
In-person public comment
Paul Wapnowski
Justine Mariscal
Stacy Amaral
Randi Castle-Salgado
Ed Nieto
Adriana Huerta
Recommendation: Direct Staff to Come Back with a Draft Ordinance Regulating Short-Term Rentals in the City.
ACTION: Motion by Councilmember Rodriguez, seconded by Councilmember Yamane to hold a workshop and bring a draft Ordinance forward at the first City Council meeting scheduled to occur in June.
Motion carried by unanimous vote.
ITEM HEARD EARLIER – RETURNED FOR CORRECTION
10.4 Public Hearing and Introduction of an Ordinance Amending National City Municipal Code Title 11, Section 11.32.140, Pertaining to Stopping and Parking Prohibitions.
City Clerk Chapel advised that the vote on the recommendation was not taken.
The item returned for a vote.
Recommendation: Introduce Ordinance by First Reading, entitled, “An Ordinance of the City Council of the City of National City, California, Amending Chapter 11.32 ‘Stopping, Standing and Parking’ of the National City Municipal Code Pertaining to Stopping and Parking Prohibitions.”
ACTION: Motion by Vice-Mayor Bush, seconded by Councilmember Yamane to introduce the Ordinance.
Motion carried by unanimous vote.
Mayor Morrison called for a recess at 9:28 p.m. Meeting reconvened at 9:38 p.m. with all members present.
11.2 Staff Report Describing the Discretionary Application Process for the Sweetwater Gas Station Project.
Director of Community Development Martin Reeder provided a PowerPoint presentation.
In-person public comment
Michael Aguirre
Frank Rivera
Micaela Polanco
Luisa McCarthy
Maria Severson
Martha Hernandez
Sandra Scheller
Doyle Morrison
Alisha Morrison
Josie Flores Clark
Recommendation: File the Report.
At 10:45 p.m., Councilmember Molina reminded the City Council of Policy #104 that requires the City Council Meeting to be adjourned no later than 10:30 p.m. unless extended by Council vote.
Mayor Morrison asked the City Council to consider extending the meeting beyond 10:30 p.m.
ACTION: Motion by Councilmember Yamane, seconded by Vice -Mayor Bush to extend the meeting to finish the agenda items.
Motion carried by 4-1 vote.
Ayes: Bush, Molina, Yamane, Morrison
Nays: Rodriguez
ACTION: Motion by Vice-Mayor Bush, seconded by Councilmember Yamane for staff to return with an updated report to include a California Environmental Quality Act exemption determination, findings of denial, and record of communication between the Mayor’s office and the developer.
Motion carried by unanimous vote.
11.3 Discussion on Recommendation to Amend City Council Policy No. 105 Recommendation: Discuss and Provide Direction to Staff.
ACTION: Motion by Councilmember Molina, seconded by Councilmember Rodriguez to postpone the item to the April 15, 2025 City Council meeting.
Motion carried by unanimous vote.
12. CITY MANAGER’S REPORT
None.
13. ELECTED OFFICIALS REPORT
13.1 POLICY 105 REQUEST - Ethics Policy Update - Requested by Vice-Mayor Bush Item presented by Vice-Mayor Bush.
Public comment
Paul Wapnowski
Alisha Morrison
Ed Nieto
ACTION: Motion by Vice-Mayor Bush, seconded by Councilmember Molina to add the item on the next City Council agenda.
Motion carried by 3-2 vote.
Ayes: Bush, Molina, Morrison
Nays: Rodriguez, Yamane
Closing remarks were provided by members of the City Council.
14. CITY ATTORNEY REPORT
Mayor Morrison introduced City Attorney Schultz who reported on Item 5.1 of the Closed Session items. Mayor Morrison advised that the City Council would continue to discuss Item 5.2 after adjournment of the Regular City Council meeting.
City Attorney Schultz reported on Item 5.1 and stated that, “the City of National Cit y acknowledges the jury's verdict in that case involving Ashley Cummins, wherein Ms.
Cummins was awarded $10 million in damages following claims of harassment and discrimination. The City is extremely disappointed with the outcome and is currently reviewing all of the legal options, including a possible appeal. The City remains committed to ensuring a fair and inclusive workplace for all employees and will continue to uphold the highest standards of professionalism within the Police Department. Notwithsta nding the City's disappointment, the City and the Police Department will carefully assess the verdict and determine what lessons can be learned. The City will continue working diligently to support a workplace culture that values respect and equal opportunity for all.”
CLOSED SESSION
5.1 CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Cummins v.
City of National City. et al
San Diego Superior Court
Case Number: 37-2022-00004671-CU-OE-CTL
5.2 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957.6
Position to be Reviewed: City Attorney
15. ADJOURNMENT
Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, Tuesday, April 15, 2025, 6:00 p.m. in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.
The meeting adjourned at 11:21 p.m.
__________________________________
Tonya Hussain, Deputy City Clerk
The foregoing minutes were approved at the Regular Meeting of May 6, 2025.
________________________________
Ron Morrison, Mayor
SPECIAL MEETING MINUTES OF THE CITY COUNCIL
CLOSED SESSION
April 14, 2025, 5:00 p.m.
City Council Chamber - 1243 National City Boulevard
National City, CA
Present: Councilmember Molina (arrived 5:08)
Councilmember Rodriguez
Councilmember Yamane
Vice-Mayor Bush (arrived 5:08)
Mayor Morrison
Others Present: Benjamin A. Martinez, City Manager
Barry J. Schultz, City Attorney
Shelley Chapel, City Clerk (via Zoom)
Brian Hadley, Deputy City Manager
Bruce Foltz, Finance Director
Paul Valadez, Budget Manager – Finance
Lydia Hernandez, Human Resources Director
Richard Romero, Assistant City Attorney
Tonya Hussain, Deputy City Clerk
Steven Berliner, Labor Negotiator
_________________________________________________________________
1. CALL TO ORDER
A Special Meeting of the City Council of the City of National City was called to order at 5:00 p.m. via teleconference and in the Council Chamber, located in Cit y Hall, 1243 National City Boulevard, National City, California.
2. ROLL CALL
Councilmembers present: Molina (arrived 5:08), Rodriguez, Yamane, Bush (arrived 5:08), Morrison
3. PLEDGE OF ALLEGIANCE TO THE FLAG
Mayor Morrison led the Pledge of Allegiance.
4. PUBLIC COMMENT (Public Comment will be restricted to Agenda Items Only) Mayor Morrison restricted Public Comment to two-minutes.
Item 5.1
In-Person Comment:
Andrew del sol Williamson
Karla Apalategui
Elyana Delgado
Juanita Castaneda
5. CLOSED SESSION
Members retired into Closed Session at 5:09 p.m.
Members recessed for break at 7:18 p.m. and returned to Closed Session at 7:21 p.m.
Members returned at 8:06 p.m. with all members present in attendance: Molina, Rodriguez, Yamane, Bush, Morrison, and Schultz.
5.1 CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Employee Organizations:
Municipal Employees’ Association (SEIU, Local 221),
National City Firefighters Association (Local 2744), and Police Officers Association (POA)
Unrepresented Groups: Executive, Confidential, and Management
Agency Designated Representatives:
Steven Berliner (Labor Negotiator)
Benjamin A. Martinez (City Manager)
Brian Hadley (Deputy City Manager)
Bruce Foltz (Finance Director)
Paul Valadez (Budget Manager - Finance)
Lydia Hernandez (Human Resources Director)
City Attorney Schultz announced that the Labor Negotiation instructions to the Labor Unions was to move forward with negotiations.
6. ADJOURNMENT
Mayor Morrison adjourned at 8:06 p.m. to the Regular Meeting of the City Council of the City of National City, Tuesday, April 15, 2025, at 6:00 p.m. in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.
_________________________
Shelley Chapel, MMC, City Clerk
The foregoing minutes were approved at the Regular Meeting of May 6, 2025.
__________________________
Ron Morrison, Mayor
SPECIAL MEETING MINUTES OF THE CITY COUNCIL
CLOSED SESSION
April 15, 2025, 4:00 p.m.
City Council Chamber - 1243 National City Boulevard
National City, CA
Present: Councilmember Molina
Councilmember Rodriguez (arrived 4:11)
Councilmember Yamane
Vice-Mayor Bush (arrived 4:49))
Mayor Morrison
Others Present: Benjamin A. Martinez, City Manager
Barry J. Schultz, City Attorney
Shelley Chapel, City Clerk (via Zoom)
Brian Hadley, Deputy City Manager
Bruce Foltz, Finance Director
Lydia Hernandez, Human Resources Director
Tonya Hussain, Deputy City Clerk
_________________________________________________________________
1. CALL TO ORDER
A Special Meeting of the City Council of the City of National City was called to order at 4:03 p.m. via teleconference and in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.
2. ROLL CALL
Councilmembers present: Molina, Rodriguez (arrived 4:11, Yamane, Bush (arrived 4:49), Morrison
3. PLEDGE OF ALLEGIANCE TO THE FLAG
Councilmember Molina led the Pledge of Allegiance.
4. PUBLIC COMMENT (Public Comment will be restricted to Agenda Items Only) Mayor Morrison restricted Public Comment to one-minute.
Item 5.1
In-Person Comment:
Michael Aguirre
Ed Nieto
Alisha Morrison
Doyle Morrison
Micaela Polanco
Laura Wilkinson Sinton
Bill Nosal
Maria Seaverson
Item 5.2
In-Person Comment:
Ed Nieto
Michael Aguirre
Alisha Morrison
Luisa McCarthy
Micaela Polanco
Laura Wilkinson Sinton
Bill Nosal
Item 5.3
In-Person Comment:
Reyna Fortin
Marissa Luevas
Alex Gutterud
Doyle Morrison
Luisa McCarthy
Karina Flores
Frank Rivera
Alisha Morrison
Micaela Polanco
Kylie Rocco
Mike Aguirre
Maria Seaverson
Item 5.4
In-Person Comment:
Laura Wilkinson Sinton
Bill Nosal
5. CLOSED SESSION
Members retired into Closed Session at 4:43 p.m.
City Attorney Schultz left Closed Session at 5:28 p.m. and re-entered at 6:22 p.m.
City Manager Martinez entered Closed Session at 5:55 p.m. and left at 6:25 p.m.
5.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957(b)
Position to be Reviewed: City Attorney
5.2 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957(b)
Position to be Reviewed: City Manager
5.3 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Written comment was received from Aguirre & Severson, LLP.
Government Code Section 54956.9(d)(1)
Name of Case: Micaela Polanco v. The City of National City, et al Case Number: 25CU004193C
5.4 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9(d)(1)
Name of Case: Cali Mota LLC v. The City of National City et al Superior Court of California, County of San Diego
Case Number: 37-2023-00007308-CU-WM-CTL
5.5 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9(d)(1)
Name of Case: BCD LLC v. The City of National City et al Superior Court of California, County of San Diego
Case Number: 37-2023-00012507-CU-WM-CTL
City Attorney Schultz announced that a report out would be at the 6:00 p.m. Meeting.
Returned to the Chamber at 6:50 p.m. with all members present in attendance: Molina, Rodriguez, Yamane, Bush, Morrison, and Schultz.
6. ADJOURNMENT
Mayor Morrison adjourned at 6:50 p.m. to the Regular Meeting of the City Council of the City of National City, Tuesday, April 15, 2025, at 6:00 p.m. in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.
_________________________
Shelley Chapel, MMC, City Clerk
The foregoing minutes were approved at the Regular Meeting of May 6, 2025.
__________________________
Ron Morrison, Mayor
REGULAR MEETING MINUTES OF THE CITY COUNCIL
April 15, 2025, 6:00 p.m.
City Council Chamber - 1243 National City Boulevard
National City, CA
Present: Councilmember Molina
Councilmember Rodriguez
Councilmember Yamane (7:02 p.m. arrival)
Vice-Mayor Bush
Mayor Morrison
Others Present: Ben Martinez, City Manager
Barry J. Schultz, City Attorney
Shelley Chapel, City Clerk
Carlos Aguirre, Director of Community Development
Bruce Foltz, Director of Finance
Danielle Ghio, Librarian
Brian Hadley, Deputy City Manager
Alex Hernandez, Police Chief
Lydia Hernandez, Human Services Director
Tonya Hussain, Deputy City Clerk
Martha Juarez, Assistant Director of Engineering & Public Works Traci Lamb, Interim Director of Community Services
Sergio Mora, Fire Chief
_________________________________________________________________
1. CALL TO ORDER
A Regular Meeting of the City Council of the City of National City was called to order at 7:01 p.m. via teleconference and in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.
2. ROLL CALL
Councilmembers present: Molina, Rodriguez, Yamane, Bush, Morrison.
Interpretation in Spanish provided by Carlos Diaz and Jesse.
3. PLEDGE OF ALLEGIANCE TO THE FLAG
Vice-Mayor Bush led the Pledge of Allegiance.
4. INVOCATION
Delivered by CDO Church Reverend Jose Escamilla.
5. PUBLIC COMMENT
Mayor Morrison summarized the process for acceptance of live public comment allowing two (2) minutes per comment and introduced City Clerk Chapel.
In person comment
Karen McManus
Junior Moran
Ted Godshalk
Micaela Polanco
Luisa McCarthy
Jacqueline Reynoso
Alisha Morrison
Sandra Scheller
Geoffrey Schrock
Doyle Morrison
Ed Nieto
Virtual comment
Peggy Walker
Becky Rapp
Madison Rapp
6. PRESENTATION (Limited to Five (5) Minutes each)
6.1 Parks, Recreation and Senior Citizen's Advisory Committee - Annual Update PowerPoint presentation provided by Community Services Manager Joanne McGhee and Interim Community Services Director Tracy Lamb.
6.2 Results of the Insurance Services Office (ISO) Survey Fire Chief Mora provided a PowerPoint presentation.
7. REGIONAL BOARDS AND COMMITTEE REPORTS (Limited to Five (5) Minutes each)
Councilmember Rodriguez provided an update on the SANDAG Shoreline Preservation Working Group.
Councilmember Yamane reported on the business of the Sweetwater Authority.
Councilmember Molina provided an update on the SANDAG Board of Director’s Meeting.
Vice-Mayor Bush reported on his attendance at the American Public Transportation Association held in Austin,TX on behalf of the Metropolitan Transit and Systems. He also reported on the new appointments on the San Diego County Air Pollution Control Board.
Mayor Morrison reported on the recent Regional Solid Waste Association meeting and his participation in a Regional Chamber of Commerce visit to Washington, D.C.
Vice-Mayor Bush left the dais at 8:03 p.m. and returned at 8:05 p.m.
8. CONSENT CALENDAR
ACTION: Motion by Councilmember Yamane, seconded by Councilmember Rodriguez to approve the Consent Calendar Items with the exception of Item 8.4 pulled by Councilmember Yamane and Items 8.5, 8.7, 8.8, 8.12, and 8.13 pulled for public comment.
Vice-Mayor Bush recused on item 8.9 due to the project’s close proximity to his residence.
Motion carried by unanimous vote with Vice-Mayor Bush recusing on Item 8.9.
8.1 Approval of Reading by Title Only and Waiver of Reading in Full of Ordinance on this Agenda
Motion carried by unanimous vote.
8.2 2024 Annual Military Equipment Use Report
Adopted Resolution No. 2025-31.
Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, Cali fornia, Receiving the 2024 Annual Military Equipment Use Report, Renewing Ordinance 2022 -2496, and Authorizing the Purchase of Additional Equipment to Include One (1) Lemur 2 Small Unmanned Aerial Solution or Similar, One (1) Fotokite Tethered Unmanned Aer ial Vehicle or Similar, and a Grant - Funded Lenco BearCat Rescue Vehicle, as Required by AB 481.” Motion carried by unanimous vote.
8.3 Adoption of Resolution Confirming the Designation of Proxy to the San Diego County Water Authority Board of Directors.
Adopted Resolution No. 2025-32.
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Confirming the Designation of Another Member of the Water Authority Board of Directors to Vote in the Absence of the City of National City, Representative to the San Diego County Water Authority.” Motion carried by unanimous vote.
Item pulled for discussion.
8.4 Authorize the Purchase and Build-Out of Three (3) Ford Police Utility Interceptors for the National City Police Department
Councilmember Yamane commented on the item.
Adopted Resolution No. 2025-33.
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Waiving the Formal Bid Process Pursuant to National City Municipal Code Section 2.60.260 Regarding Cooperative Purchasing and Authorizing the City to Piggyback onto County of San Diego Request for Quotations # 769 with Chula Vista Ford for the Purchase of Three 2025 Ford Police Interceptor Utility (K8A) AWD Vehicle s in a Not -To-Exceed Amount of $173,000 for the National City Police Department; 2) Waiving the Formal Bid Process Pursuant to National City Municipal Code Section 2.60.110 Regarding Exceptions to Formal Competitive Bidding and Authorizing Purchase and Installation Services from American Emergency Products in a Not -To-Exceed Amount of $105,000 to Complete the Buildouts for All Three Vehicles; and 3) Authorizing the City Manager to Approve Adjustments of up to $27,800 to the Not -To-Exceed Amounts for the Purchases as a 10% Contingency for Unforeseen Fluctuations in Pricing.” ACTION: Motion by Councilmember Yamane, seconded by Councilmember Molina to adopt the resolution.
Motion carried by unanimous vote.
Item pulled for discussion.
8.5 California State Library Lunch at the Library Grant Funds Acceptance Adopted Resolution No. 2025-34.
Public comment received from Ed Nieto.
Adopt the Resolution Entitled “Resolution of the City Council of the City of National City, California, Authorizing the City Manager or his Designee to Accept the California State Library Grant in the Amount of $6,138 to Fund the National City Public Library’s Lunch at the Library Program for FY 2025 and Authorizing the Establishment of a Library Grants Fund Appropriation of $6,138 and Corresponding Revenue Budget.”
ACTION: Motion by Councilmember Yamane, seconded by Councilmember Molina to adopt the resolution.
Motion carried by unanimous vote.
8.6 California Library Adult and Family Literacy Services Grant Funds Acceptance Adjustment
Adopted Resolution No. 2025-35.
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Ratifying the Acceptance of the California Library Literacy Services (CLLS) Grant of $73,775 from the California State Library to Fund the National City Public Library’s Literacy Services Programs for Fiscal Year 2025 and Authorizing the Establishment of a Library Grants Fund Appropriation of $73,775 and Corresponding Revenue Budget.”
Motion carried by unanimous vote.
Item pulled for discussion.
8.7 Community Development On-Call Services Request For Proposal (RFP) for Permit Processing, Plan Review, and Inspection Services.
Adopted Resolution No. 2025-36.
Public comment was received from Alisha Morrison and Doyle Morrison.
Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute a Three -Year Agreement with Interwest Consulting Group, True North Compliance Services Inc., and 4Leaf Inc. to Provide On-Call Permit Processing, Plan Review, and Inspection Services for the Community Development Department for a Not -To-Exceed Amount of $1,350,000 Per Agreement”.
ACTION: Motion by Councilmember Yamane, seconded by Councilmember Rodriguez to adopt the resolution.
Motion carried by unanimous vote.
Item pulled for discussion.
8.8 Fire Department On-Call Services RFP
Adopted Resolution No. 2025-37.
Public comment was received from Thomas Rike.
Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute an Agreement By and Between the City of National City and Interwest Consulting Group to Provide On-Call Permit Processing, Plan Review, and Inspection Services fo r the Fire Department for a Not-to-Exceed Amount of $100,000 Per Year for a Term of Three Years”.
ACTION: Motion by Councilmember Yamane, seconded by Councilmember Bush to adopt the resolution.
Motion carried by unanimous vote.
8.9 Partial Termination of a Notice of Restriction Related to the San Diego Rescue Mission Conditional Use Permit (CUP) Approved in 2021.
Adopted Resolution No. 2025-38.
Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, Californ ia, Authorizing the Partial Termination of a Recorded Notice of Restriction for Conditional Use Permit 2021 -13 CUP for a Transitional Housing Facility Located at 2400 Euclid Avenue.”
Motion carried by unanimous vote.
8.10 Investment Report for the Quarter Ended December 31, 2024.
Accept and File the Investment Report for the Quarter Ended December 31, 2024.
Motion carried by unanimous vote.
8.11 Investment Transactions for the Month Ended January 31, 2025.
Accept and File the Investment Transaction Ledger for the Month Ended January 31, 2025.
Motion carried by unanimous vote.
Item pulled for discussion.
8.12 Warrant Register No. 34 for the Period of 2/14/25 through 2/20/25 in the Amount of $3,754,597.55
Public comment received from Ed Nieto and Thomas Rike.
Recommendation: Ratify Warrants Totaling $3,754,597.55
Item pulled for discussion.
8.13 Warrant Register No. 35 for the Period of 2/21/25 through 2/27/25 in the Amount of $3,268,250.39
Public comment received from Thomas Rike.
Recommendation: Ratify Warrants Totaling $3,268,250.39.
ACTION: Motion by Councilmember Yamane, seconded by Councilmember Rodriguez to ratify the warrants for agenda items 8.12 and 8.13.
Motion carried by unanimous vote.
9. CONTINUED PUBLIC HEARING
Item pulled for continuation.
9.1 Public Hearing and Adoption of Updated Sewer Capacity Fees.
City Attorney Schultz advised that public comment would only be heard on the subject of the item’s continuance.
Mayor Morrison opened the Public Hearing at 8:27 p.m.
Public comment was received from Doyle Morrison and Ed Nieto.
ACTION: Motion by Vice -Mayor Bush, seconded by Councilmember Molina to close the Public Hearing.
Motion carried by unanimous vote.
The Public Hearing closed at 8:31 p.m.
Recommendation: Hold a Public Hearing, Receive Public Comments, and Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Adopting Updated Sewer Capacity Fees.”
ACTION: Motion by Vice-Mayor Bush, seconded by Councilmember Y amane to continue the item to the meeting of May 6, 2025.
Motion carried by unanimous vote.
9.2 Adoption of an Ordinance Amending Chapter 9.60 of the National City Municipal Code to Expand Operating Hours for Store Front Cannabis Retail Facilities.
Adopted Ordinance No. 2025-2539.
Mayor Morrison opened the Public Hearing at 8:34 p.m.
Virtual public comment:
Judi Strang
Madison Rapp
Barbara Gordon
Written public comment was received from Ted Godshalk.
ACTION: Motion by Councilmember Molina , seconded by Councilmember Yamane to close the Public Hearing.
Motion carried by unanimous vote.
The Public Hearing closed at 8:39 p.m.
Recommendation: Adopt Ordinance Entitled: “An Ordinance of the City Council of the City of National City, California, Amending Chapter 9.60 ‘Commercial Cannabis Activity’ of the National City Municipal Code to Modify Operating Hours for Store Front Retail Facilities.”
ACTION: Motion by Vice-Mayor Bush, seconded by Councilmember Molina to adopt the ordinance.
Motion carried by 4-1 vote.
Ayes: Bush, Rodriguez, Molina, Morrison
Nays: Yamane
9.3 Public Hearing and Adoption of an Ordinance Amending National City Municipal Code Title 11, Section 11.32.140, Pertaining to Stopping and Parking Prohibitions.
Adopted Ordinance No. 2025-2540.
Mayor Morrison opened the Public Hearing at 8:43 p.m.
There was no public comment.
ACTION: Motion by Councilmember Molina, seconded by Councilmember Yamane to close the Public Hearing.
Motion carried by unanimous vote.
Public Hearing closed at 8:43 p.m.
Recommendation: Adopt an Ordinance entitled, “Ordinance of the City Council of the City of National City, California, Amending Chapter 11.32 ‘Stopping, Standing and Parking’ of the National City Municipal Code Pertaining to Stopping and Parking Prohibitions.”
ACTION: Motion by Vice -Mayor Bush, seconded by Councilmember Molina to adopt the Ordinance.
Motion carried by unanimous vote.
Item pulled from the agenda.
9.4 Continued Public Hearing - Second Reading of an Ordinance Amending Chapter
15.29 of the National City Municipal Code Establishing a Fire Inspection Program City Clerk Shelley Chapel announced that the item would return for a Second Reading at the City Council meeting of May 6, 2025.
Adopt the Ordinance by S econd Reading, Entitled, “An Ordinance of the City Council of the City of National City, California, Amending Chapter 15.29 of the National City Municipal Code to Establish an Annual and Biennial Fire Inspection Program as Well as a Self -Inspection Program for Low -Risk Commercial Businesses.”
10. PUBLIC HEARING
10.1 Public Hearing and Adoption of a Resolution of the City Council of the City of National City Amending the Previously Adopted Transportation Development Impact Fee (TDIF) Schedule and Annual Adjustment to the TDIF.
Adopted Resolution No. 2025-40.
Assistant Director of Engineering/Public Works Martha Juarez introduced the item.
Mayor Morrison opened the Public Hearing at 8:47 p.m.
Public comment was received from Thomas Rike.
ACTION: Motion by Councilmember Molina, seconded by Vice -Mayor Bush to close the Public Hearing.
Motion carried by unanimous vote.
Public Hearing closed at 8:48 p.m.
Recommendation: Public Hearing and Adoption of a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Amending the Previously Adopted Transportation Development Impact Fee (TDIF) Schedule and Annual Adjustment to the TDIF, Pursuan t to National City Municipal Code Section 4.52.100 and Consistent with Government Code Section 66017, Approving an Adjustment to the TDIF as Required by the San Diego Association of Governments (SANDAG) for Receipt of TransNet Local Street Improvement Revenues, Resulting in the TDIF Increasing from $2,875.06 per New Residential Dwelling Unit to $3,047.57 Per Unit Beginning July 1, 2025.” ACTION: Motion by Councilmember Molina, seconded by Councilmember Rodriguez to adopt the resolution.
Motion carried by unanimous vote.
11. STAFF REPORTS
11.1 City Council Expenditure Report July 2024 through January 2025 – FY2025 One public comment was received from Ed Nieto.
One written comment was received from Ted Godshalk.
Recommendation: Receive and File Expenditure Report for the City Council July 2024 through January 2025.
ACTION: Motion by Councilmember Molina, seconded by Vice -Mayor Bush to receive and file the report.
Motion carried by unanimous vote.
11.2 Discussion on Recommendation to Amend City Council Policy No. 105 Councilmember Molina provided a PowerPoint presentation.
Public comment was received from Ed Nieto.
Recommendation: Discuss and Provide Direction to Staff.
ACTION: Motion by Vice-Mayor Bush, seconded by Councilmember Molina for a draft policy to return to the City Council at a future City Council meeting.
Motion carried by 4-0 vote with Councilmember Yamane abstaining.
Ayes: Bush, Molina, Rodriguez, Morrison
Nays: None.
Abstain: Yamane
12. CITY MANAGER’S REPORT
No report.
13. ELECTED OFFICIALS REPORT
Closing remarks were provided by members of the City Council.
14. CITY ATTORNEY REPORT
Mayor Morrison introduced City Attorney Schultz who reported on five Closed Session items.
City Attorney Schultz reported that Items 5.1 and 5.2 had no reportable action and that Items 5.3, 5.4, and 5.5 would be placed on a future Closed Session agenda.
CLOSED SESSION
5.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957(b)
Position to be Reviewed: City Attorney
5.2 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957(b)
Position to be Reviewed: City Manager
5.3 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9(d)(1)
Name of Case: Micaela Polanco v. The City of National City, et al Case Number: 25CU004193C
5.4 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9(d)(1)
Name of Case: Cali Mota LLC v. The City of National City et al Superior Court of California, County of San Diego
Case Number: 37-2023-00007308-CU-WM-CTL
5.5 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9(d)(1)
Name of Case: BCD LLC v. The City of National City et al Superior Court of California, County of San Diego
Case Number: 37-2023-00012507-CU
15. ADJOURNMENT
Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, Tuesday, May 6, 2025, 6:00 p.m. in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.
The meeting adjourned at 9:56 p.m.
SPECIAL MEETING MINUTES OF THE CITY COUNCIL
CLOSED SESSION
April 18, 2025, 12:00 p.m.
City Council Chamber - 1243 National City Boulevard
National City, CA
Present: Councilmember Molina
Councilmember Yamane (Arrived at 1:41 p.m.)
Absent:
Vice-Mayor Bush
Mayor Morrison
Councilmember Rodriguez
Others Present: Benjamin A. Martinez, City Manager
Barry J. Schultz, City Attorney
Shelley Chapel, City Clerk (via Zoom)
Lydia Hernandez, Human Resources Director
Tonya Hussain, Deputy City Clerk
_________________________________________________________________
1. CALL TO ORDER
A Special Meeting of the City Council of the City of National City was called to order at 12:00 p.m. via teleconference and in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.
2. ROLL CALL
Councilmembers present: Molina Bush, Morrison
3. PLEDGE OF ALLEGIANCE TO THE FLAG
Mayor Morrison led the Pledge of Allegiance.
4. PUBLIC COMMENT (Public Comment will be restricted to Agenda Items Only) Mayor Morrison restricted Public Comment to one-minute.
Item 5.1
In-Person Comment:
Randi Castle-Salgado
Maria Severson
Michael Aguirre
Luisa McCarthy
Jose Rodriguez
Ashley Morrison
Micaela Polanco
Ed Nieto
Alisha Morrison
Doyle Morrison
Sandy Scheller
Zoom Comment:
Liliana Armenta
Item 5.2
In-Person Comment:
Luisa McCarthy
Micaela Polanco
Sandy Scheller
Michael Aguirre
Maria Severson
Jose Rodriguez
Randi Castle-Salgado
Alisha Morrison
Doyle Morrison
Ed Nieto
Item 5.3
In-Person Comment:
Luisa McCarthy
Micaela Polanco
Sandy Scheller
Michael Aguirre
Maria Severson
Frank Rivera
Helen Chisolm
Randi Castle-Salgado
Alisha Morrison
Doyle Morrison
Ed Nieto
Zoom Comment:
Alexander Gutterud
Written comment was received from Kylie Rocco.
5. CLOSED SESSION
Members retired into Closed Session at 12:55 p.m.
Councilmember Yamane joined Closed Session at 1:41 p.m.
City Manager Martinez joined Closed Session at 2:00 p.m. and left at 2:16 p.m.
Human Resources Director Hernandez joined Closed Session at 2: 20 p.m. and returned to the Council Chamber at 2:29 p.m.
Members returned at 3:32 p.m. with all members present in attendance: Molina, Yamane, Bush, Morrison, Yamane, and Schultz.
5.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957(b)
Position to be Reviewed: City Manager
5.2 PUBLIC EMPLOYEE APPOINTMENT
Government Code Section 54957(b)
Position to be Reviewed: Acting / Interim City Manager
5.3 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9(d)(1)
Name of Case: Micaela Polanco v. The City of National City, et al Case Number: 25CU004193C
Announcement of actions taken in Closed Session announced by City Attorney Schultz.
5.1 The City Council and City Manager have come to a mutual agreement and City Manager Ben Martinez has resigned his position effective immediately.
5.2 Acting City Manager was named as Steve Manganiello, currently the Director of Engineering and Public Works.
5.3 No reportable action.
6. ADJOURNMENT
Mayor Morrison adjourned at 3:35 p.m.
_________________________
Shelley Chapel, MMC, City Clerk
The foregoing minutes were approved at the Regular Meeting of May 6, 2025.
__________________________
Ron Morrison, Mayor
SPECIAL MEETING MINUTES OF THE CITY COUNCIL
April 22, 2025, 3:30 p.m.
City Council Chamber - 1243 National City Boulevard
National City, CA
Present: Councilmember Molina
Councilmember Yamane
Councilmember Rodriguez (arrived 3:50 p.m.)
Vice-Mayor Bush
Mayor Morrison
Others Present: Stephen Manganiello, Acting City Manager Barry J. Schultz, City Attorney
Shelley Chapel, City Clerk (via Zoom)
Lydia Hernandez, Human Resources Director
Tonya Hussain, Deputy City Clerk
_________________________________________________________________
1. CALL TO ORDER
A Special Meeting of the City Council of the City of National City was called to order at 3:30 p.m. via teleconference and in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.
Interpretation in Spanish provided by Luisa Diaz de Leon.
2. ROLL CALL
Councilmembers present: Molina, Rodriguez (arrived 3:50 p.m.), Yamane, Bush, Morrison
3. PLEDGE OF ALLEGIANCE TO THE FLAG
Mayor Morrison led the Pledge of Allegiance.
4. PUBLIC COMMENT (Public Comment will be restricted to Agenda Items Only) Mayor Morrison restricted Public Comment to three-minutes
In-Person Comment:
Luisa McCarthy
Ed Nieto
Alexander Gutterud
Alisha Morrison
Micaela Polanco
Doyle Morrison
Michael Aguirre
Maria Severson
Marissa Cuevas
Paul Wapnowski
Vice-Mayor Bush left the dais at 3:40 p.m. and returned at 3:50 p.m.
Zoom Comment:
Liliana Armenta
Written Comment:
Alisha Morrison
5. STAFF REPORT
5.1 Temporary Appointment of Scott Huth, a CalPERS Retiree, Pursuant to Government Code Sections 7522.56 and 21221(h)
Adopted Resolution No. 2025-41.
Lydia Flores-Hernandez, Human Resources Director, provided the report.
Recommendation: Adopt Resolution Entitled: “Resolution of the City Council of the City of National City, California, Appointing Scott Huth as Interim City Manager per Government Code Sections 7522.56 and 21221(h).
ACTION: Motion by Vice-Mayor Bush, seconded by Councilmember Molina to adopt the resolution.
Motion carried by unanimous vote.
6. ADJOURNMENT
Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, on Tuesday, May 6, 2025, 6:00 p.m. in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.
The meeting adjourned at 4:27 p.m.
_________________________
Shelley Chapel, MMC, City Clerk
The foregoing minutes were approved at the Regular Meeting of May 6, 2025.
__________________________
Ron Morrison, Mayor
AGENDA REPORT
Department: City Clerk's Office
Prepared by: Shelley Chapel, MMC, City Clerk
Meeting Date: Tuesday, May 6, 2025
Approved by: Scott W. Huth, Interim City Manager
SUBJECT:
City Council 2025 Legislative Recess
RECOMMENDATION:
Provide Direction to Staff on observing a Legislative Recess, which is Historically taken in the Month of July, as Allowed by National City Municipal Code (NCMC) 2.04.020, and City Council Policy No. 104 (III)(H), and (K).
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
Legislative Recess - July
Since 2014, the City Council (Council) has observed a legislative recess during the summer to provide City Staff and Elected Officials an opportunity to catch up on work, reenergize, and prepare for the start of a new fiscal year. The purpose of this agenda item is to determine whether the City Council would like to once again consider a legislative recess in 2025.
Background
Observing a legislative recess from a City Council Meeting Schedule is practiced in a number of San Diego cities that recess both in the summer and winter. Some cities, including State Legislature and quasi-governmental entities such as the San Diego Association of Governments (SANDAG) and the Airport Authority, recess over an entire month, generally in the summer. For the past eight (8) years, the Council voted to recess during the month of July. Prior to that the City Council voted to recess during the month of August one (1) time. This is consistent with City Council Policy #104 Section III Meetings (H):
H. City Council Recess Periods: The City Council has traditionally observed a recess period during the summer to provide elected officials and staff an opportunity to catch up on work, reenergize after a lengthy budget and strategic planning process, and prepare for the start of a new fiscal year. For purposes of this policy, a recess period is defined as a period of time longer than twenty (20) days without a regular or special meeting of the Council.
To assist the City Council with its decision, please note the following:
Should the City Council recess in July, there would be (6) weeks between meetings (June 17 - August 5, 2025). As a reminder, the first meeting after the bre ak, Tuesday, August 5 , 2025, is also “National Night Out.” City Councils in the past have opted to begin the City Council Meeting
at 5:00 p.m. with a light agenda, allowing the City Council to attend the “National Night-Out Against Crime” events held in the City.
National City Municipal Code Section 2.04.020 – Dispensing with Meetings.
In the event that the time of a regular meeting of the City Council falls on a holiday or election day, no meeting will be held that week. Any regular meeting may be dispensed with by a vote of the City Council.
City Council Policy No. 104 (III)(K)
K. Holidays or Elections: In the event that a regular meeting of the City Council is scheduled on the same day as a legal holiday or an election day on which a National City Candidate or National City Measure appears on the ballot, no meeting will be held that week. Any regular meeting may be dispensed with by a majority vote of the City Council.
FINANCIAL STATEMENT:
Not Applicable
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Communication and Outreach
ENVIRONMENTAL REVIEW:
This is not a project under CEQA , and is therefore , not subject to environmental review.
CCR15378; PRC 21065.
PUBLIC NOTIFICATION:
The Agenda Report was posted at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act
ORDINANCE:
Not Applicable
EXHIBITS:
Not Applicable
AGENDA REPORT
Department: Fire Department
Prepared by: Walter Amedee, Emergency Manager
Meeting Date: Tuesday, May 6, 2025
Approved by: Scott W. Huth, Interim City Manager
SUBJECT:
Fire Prevention Services Agreement
RECOMMENDATION:
Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Waiving the Formal Bid Process Pursuant to National City Municipal Code Section
2.60.110 (B) and Authorizing the Mayor to E xecute an Agreement by and B etween the City of National City and Fire Prevention Services, Inc. for Weed and Litter Abatement Services”.
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
National City Municipal Code Section 9.12.020 declares weeds growing on streets, sidewalks, or private property to be a public nuisance. The City’s Buyer conducted extensive research to identify companies providing weed and litter abatement services. The City’s Buyer, like most cities in San Diego County, has been unable to find a qualified provider other than Fire Prevention Services, Inc. Pursuant to National City Municipal Code Section 2.60.110 (B), the City’s Buyer determined that issuing a new request for proposals (RFP) was unlikely to yield additional qualifie d bidders and would be impractical since there are limited -service providers in San Diego County.
Additionally, the City has contracted with Fire Prevention Services Inc. since 2014, which was the sole bidder when the last RFP was issued. Therefore, under these circumstances, it was determined that no obvious, ascertainable advantage to the City would result from issuing a new RFP.
The current Agreement with Fire Prevention Services is expiring in May 2025. So, the National City Fire Department is requesting establishing a new three-year agreement with Fire Prevention Services, Inc., from May 19, 2025 through May 18, 2025, with the option for three additional one- year extensions. Fire Prevention Services, Inc. is pleased to offer the City of National City weed and liter abatement services, as identified in the quote attached to the proposed Agreement.
FINANCIAL STATEMENT:
Revenues 100-70-22-22100-3561- Weed Abatement
Expenses 100-70-22-22100-7299- Contract Services
New liens are recorded in revenue account 100-70-22-22100-3561- Weed Abatement. Special Assessments collected by the County for Weed Abatement are sent to the City. Collected fees are recorded and posted to account 001 -1146 (Special Assessment-Weed Abatement). On an annual basis, the collected fees recorded in 001 -1146 will be processed as a City pass -through payment to Fire Prevention Services, Inc. for their contracted services.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Public Safety
ENVIRONMENTAL REVIEW:
This is not a project under CEQA , and is therefore , not subject to environmental review.
CCR15378; PRC 21065.
PUBLIC NOTIFICATION:
The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A – Fire Prevention Services Agreement
Exhibit B – Resolution
RESOLUTION NO. 2025 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ,
CALIFORNIA, WAIVING THE FORMAL BID PROCESS PURSUANT TO
NATIONAL CITY MUNICIPAL CODE SECTION 2.60.110 (B) AND
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BY AND
BETWEEN THE CITY OF NATIONAL CITY AND FIRE PREVENTION
SERVICES, INC. FOR WEED AND LITTER ABATEMENT SERVICES
WHEREAS, National City Municipal Code Section 9.12.020 declares weeds growing or located upon streets, sidewalks, or private property to be a public nuisance; and
WHEREAS, the City's Buyer conducted extensive research seeking to discover companies that provide weed and litter abatement services; and WHEREAS, most cities in San Diego County were unsuccessful in finding an adequately qualified company other than Fire Prevention Services, Inc.; and WHEREAS, in lieu of publishing a Request for Proposals, the City's Buyer determined that the chances of finding a qualified and responsive bidder would be unlikely; and
WHEREAS, since 2014, the City has contracted with Fire Prevention Services, Inc., which was the sole bidder when the last RFP was issued; and WHEREAS, pursuant to NCMC Section 2.60.110 (B), the City’s Buyer determined that competitive bidding would be impractical since there are limited - service providers in San Diego County; and
WHEREAS, under these circumstances, no obvious, ascertainable advantage to the City would result from issuing a new RFP; and WHEREAS, staff recommends, contracting with Fire Prevention Services, Inc., to provide weed and litter abatement services to the City for the next three (3) years, from May 19, 2025 through May 18, 2028 with three one-year extensions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: That the City Council hereby authorizes the City to waive the formal bid process pursuant to NCMC Section 2.60.110 (B) and authorizes the Mayor to execute a three (3) year Agreement with Fire Prevention Services, Inc., as attached to the Agenda Report as Exhibit A, to provide weed and litter abatement services from May 19, 2025 through May 18, 2028 with three one-year extensions.
Section 2: That the City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 6th day of May, 2025.
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC
City Clerk
APPROVED AS TO FORM:
Barry J. Schultz, City Attorney
AGENDA REPORT
Department: Engineering & Public Works
Prepared by: Luca Zappiello, Associate Engineer-Civil Meeting Date: Tuesday, May 6, 2025
Approved by: Scott W. Huth, Interim City Manager
SUBJECT:
Memorandum of Understanding between San Diego Unified Port District, San Diego Association of Governments, California Department of Transportation, City of San Diego, and National City for development of the Harbor Dr. 2.0 Port Access Improvements Project
RECOMMENDATION:
Adopt the Resolution Entitled: “ Resolution of the City Council of the City of National City , California, Authorizing the City Manager or Designee to Execute a Memorandum of Understanding Between the San Diego Unified Port District, the San Diego Association of Governments, the California Department of Transportation, the City of San Diego, and the City of National City for Collaboration in the Development and Implementation of the Harbor Drive 2.0 Port Access Improvements Project.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
On February 7, 2023, per Resolution No. 2023 -07, the City authorized execution of a five-year Memorandum of Agreement (MOA) with the California Department of Transportation (Caltrans) to prepare and approve the environmental document for the I -5/SR-15/Harbor Drive 2.0 Connected Corridor project.
The initial scope of the project included the introduction of dedicated truck lanes for all -day and off-peak hours, as well as the implementation of Intelligent Transportation Systems (ITS) technologies along Harbor Drive and the connecting arterials to I-5 and SR-15 in San Diego and National City.
After the MOA was executed, the scope of the I -5/SR-15/Harbor Drive 2.0 Connected Corridor project was expanded to include the construction of the Vesta Street Bridge, along with the installation of ITS technologies on Harbor Drive . The proposed Ve sta Street Bridge will provide direct vehicular connectivity between the east and west sections of Naval Base San Diego, which are currently separated by rail lines and Harbor Drive.
Additionally, the project title changed from the I -5/SR-15/Harbor Drive 2.0 Connected Corridor project to the Harbor Drive 2.0 Port Access Improvements Project (Project).
The attached Memorandum of Understanding (MOU) will have a term of five years and aims for all parties involved to collaborate towards the shared objective of completing the Design and Right-of-Way Certification phases of the Project. The parties identified in the MOU include the
San Diego Unified Port District, the S an Diego Association of Governments, the California Department of Transportation, the City of San Diego, and the City of National City.
A key point to note about the MOU is that the Port District and SANDAG secured funding for the design and right -of-way phases in February 2024. SANDAG will lead the design and Right -of- Way Certification outside of Caltrans Right -of-Way, while Caltrans will lead the Right -of-Way Certification within its own Right -of-Way for the Harbor Drive ITS Component. This proposed Harbor Drive ITS Component element includes improvements along Harbor Drive in National City and plans to install two traffic signals along 8th Street at the off -ramp and on-ramp of Interstate
5. Additionally, the Vesta Street Bridge element is located within the City of San Diego.
Staff has reviewed the MOU, and agrees with its terms and conditions.
Staff recommends that the Council adopt the resolution authorizing the City Manager or designee to execute the MOU.
FINANCIAL STATEMENT:
No matching City funds required at this time.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Health, Environment, and Sustainability
ENVIRONMENTAL REVIEW:
This is not a project under CEQA , and is therefore , not subject to environmental review.
CCR15378; PRC 21065.
PUBLIC NOTIFICATION:
The Agenda Report was posted at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A – Agreement
Exhibit B – Concept Plans of the Harbor Drive ITS Component element, showing only the area in National City
Exhibit C – Resolution
DocuSign Envelope ID: 52DF3282-5E8A-4358-BB93-29547A8144F3
1 MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (“MOU”) is made and entered into on this ___ (number) day of ______ (month) in ____ (year) (“Effective Date”) by and between:
THE SAN DIEGO UNIFIED PORT DISTRICT, THE SAN DIEGO ASSOCIATION OF
GOVERNMENTS, THE CALIFORNIA DEPARTMENT OF TRANSPORTATION, THE CITY OF SAN DIEGO, AND THE CITY OF NATIONAL CITY (Parties may be referenced individually as a “PARTY” and collectively as the “PARTIES”).
PURPOSE:
The purpose of this MOU is to establish a good-faith foundation between the PARTIES for collaborative efforts that are mutually beneficial in the development of the Harbor Drive 2.0 Port Access Improvements Project (“Project”) as further detailed herein. The PARTIES agree to work together in a cooperative and coordinated manner in developing and planning the Project.
The Project is comprised of the construction of the Vesta Street Bridge (Vesta Street Bridge) and the installation of the Harbor Drive Intelligent Transportation System (ITS). The proposed Vesta Street Bridge will facilitate direct vehicular connectivity between the east (dry) and west (wet) portions of Naval Base San Diego (NBSD) that are currently separated by rail lines and Harbor Drive. With the Vesta Street Bridge in place, vehicles would not need to use the City street network between the east and west sides of the NBSD, reducing out of direction travel and relieving traffic congestion at existing NBSD gates and adjacent intersections. Harbor Drive currently experiences high levels of congestion that slow down Port and Naval operations and produce downstream impacts on residents living and working in the portside neighborhoods. The Harbor Drive ITS will improve access and circulation by optimizing signal timing and circulation to facilitate truck and other vehicle movements along Harbor Drive and connecting arterials to I-5 and SR-15 in San Diego and National City. The Project is intended to improve accessibility, goods movement, economic vitality, and the well-being of local communities.
RECITALS:
WHEREAS, in 2008, the Board of Port Commissioners (“BPC”) of the San Diego Unified Port District (“District”) accepted federal Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) funds for improvements; and WHEREAS, in 2016, the District requested that remaining earmarked funds be repurposed and utilized for the Harbor Drive Multimodal Corridor Study (“HDMCS”); and WHEREAS, the BPC authorized completion of the HDMCS in November 2017; and WHEREAS, the HDMCS scope included the segment of Harbor Drive between the Tenth Avenue Marine Terminal and the National City Marine Terminal (“Working Waterfront”), as well as the major east/west arterial roadways from Harbor Drive to interstate and highway access points; and
WHEREAS, the District, San Diego Association of Governments (“SANDAG”), the City of San Diego (“San Diego”), the California Department of Transportation (“Caltrans”), the City of National City (“National City”), the San Diego Metropolitan Transit System (“MTS”), and the United States Department of the Navy (“Navy”) all participated and provided substantial input on the Technical Advisory Committee for the HDMCS; and
DocuSign Envelope ID: 52DF3282-5E8A-4358-BB93-29547A8144F3
2 WHEREAS, in December 2019, the BPC (1) received and accepted the completed HDMCS, and (2) directed District staff to proceed with the Harbor Drive 2.0 concept plan (Appendix H to the HDMCS and Attachment 1 to this MOU), and work with partner agencies, including those with jurisdiction over the improvements proposed in the HDMCS; and WHEREAS, through participation in the Technical Advisory Committee, the District, SANDAG, San Diego, Caltrans, MTS, the Navy, and National City, recognized the significant role that both the HDMCS and the Project can play in transportation planning for the local area and region; and
WHEREAS, in December 2023, Caltrans completed an Initial Study with Negative Declaration/Environmental Assessment and adopted a Finding of No Significant Impact for the Harbor Drive Intelligent Transportation System (“ITS”) and Vesta Street Bridge Components that propose to improve the movement of goods and people to and from the Port of San Diego’s Working Waterfront; and
WHEREAS, the District partnered with Caltrans and SANDAG to advance the Project to construction, including achievement of the following milestones: completion of the Project Report, completion of the Environmental Phase, and commencement of the Design (Project Specifications & Engineering) Phase. Achievement of these milestones included the following activities: (1) a Concept of Operations was completed in January 2022, and (2) funding for design and right-of-way phases was secured in February 2024; and WHEREAS, the District and Caltrans entered into a Master Agreement Regarding Collaborative Projects, effective October 24, 2024, which establishes the respective rights, responsibilities and obligations of the District and Caltrans in collaborating on certain transportation projects, including without limitation, the Project; and
WHEREAS, the District, SANDAG, San Diego, Caltrans, and National City support collaborating with one another in the implementation of the Project, and the goals expressed in the HDMCS (Attachment 1).
NOW, THEREFORE, the PARTIES hereto agree to the following terms and conditions:
1. The PARTIES agree to work cooperatively toward the mutual goal of completing the Design and Right-of-Way Certification phases of the Project and will meet and discuss, in good faith, the following as necessary:
a. Design/Right-of-Way Certification: The PARTIES will collaborate to certify that the tasks and deliverables per the Caltrans Work Breakdown Structure are part of the mutually agreed upon Project for the Design and Right-of-Way Certification.
b. Implementing Agency: The following agencies have been assigned as the agencies that are performing the Design and Right-of-Way Certification phases of the Project. The Implementing Agency will determine and execute the required agreements. The Implementing Agency will retain all consultants needed and fund the Design and Right-of-Way Certification phases of the Project.
Harbor Drive ITS Component:
• Design: SANDAG
• Right-of-Way Certification (outside Caltrans Right-of-Way): SANDAG • Right-of-Way Certification (within Caltrans Right-of-Way): Caltrans
Vesta Street Bridge Component:
• Design: Caltrans-District 11
DocuSign Envelope ID: 52DF3282-5E8A-4358-BB93-29547A8144F3
3 • Right-of-Way Certification (outside Caltrans Right-of-Way): SANDAG • Right-of-Way Certification (within Caltrans Right-of-Way): Caltrans
c. Funding: SANDAG and Caltrans will negotiate with the intent to reach a consensus as to future potential cost sharing responsibilities among SANDAG and Caltrans for the construction and installation of the Project, including, but not limited to, identifying funding mechanisms such as grant funding opportunities and manners in which such opportunities should be pursued, based upon availability and necessity.
2. The PARTIES intend to enter into future agreements that will set forth their roles and obligations for constructing, installing, and funding the Project.
3. Each PARTY agrees to designate a specific individual as a point-of-contact, preferably a Project Manager, for purposes of this MOU by two (2) weeks following the execution of this MOU.
4. Nothing in this MOU shall be construed to obligate any of the PARTIES, unless specifically provided herein.
5. The PARTIES will meet a minimum of eight (8) times, starting with the month following execution of this MOU.
6. This MOU shall be effective on the date set forth above and shall continue in effect for five (5) years from the effective date, unless terminated by any PARTY. The term of this MOU shall not exceed five (5) years unless approved by the Council of the City of San Diego as well as other PARTIES. A PARTY may terminate the MOU by giving the other PARTIES thirty (30) calendar days advance written notice.
7. In the event that any PARTY materially breaches this MOU and fails to cure such breach within sixty (60) days after receiving written notice of such breach from any of the other PARTIES, the PARTY sending such notice may terminate this MOU by giving the PARTY in breach written notice of its election to terminate, but not before first submitting the dispute to mediation per Paragraph 14. Should the dispute not resolve at mediation, then the Parties may pursue termination for breach or any other legal remedy.
Non-attendance at meetings is not a material breach.
8. No alteration, modification, amendment, or variation of the terms of this MOU shall be valid unless made in writing, agreed to, and executed by the PARTIES before becoming effective.
As to the City of San Diego, amendments may require the approval of City Council before becoming effective. The PARTIES will, at the very least, review the MOU once every year, or sooner if mutually agreed upon. Upon giving the other PARTIES thirty (30) calendar days’ advance notice, each PARTY may submit a written petition to renegotiate the MOU.
9. All obligations of the PARTIES under the terms of this MOU are subject to the appropriation of the required resources by the PARTIES and the approval of their respective decision- making authorities.
10. For purposes of this MOU, the relationship of the PARTIES is that of independent entities and not as agents of each other or as joint ventures or partners. The PARTIES shall maintain sole and exclusive control over their own personnel, agents, consultants, and operations.
11. With the exception of the PARTIES retaining consultants as necessary to fulfill their obligations under this MOU, the PARTIES agree not to assign any responsibilities in this MOU to a third PARTY without the written consent of all PARTIES.
DocuSign Envelope ID: 52DF3282-5E8A-4358-BB93-29547A8144F3
4 12. The PARTIES agree they each may use confidential or sensitive information to meet their individual goals. The PARTIES agree to mark any confidential documents as confidential prior to sharing them with any other PARTY. PARTIES may not share any disclosed confidential information with unauthorized third parties, unless disclosure is required to comply with a court order or respond to a request under the California Public Records Act (PRA). In the event that a PARTY intends to disclose another PARTY’s marked confidential documents in response to a PRA request, the disclosing PARTY will first notify the other PARTY of the request and describe the confidential documents to be disclosed. Prior to disclosure, the disclosing PARTY and the affected PARTY will meet and confer to determine whether disclosure is proper and to allow the affected PARTY to seek judicial remedies if necessary. To ensure accuracy in responding to a request for public records, a PARTY must notify the other PARTIES of the request and may collaborate before the release of any PRA response for awareness and possible review of the public records to be disclosed. PARTIES may, at their discretion, enter into a Non- Disclosure Agreement to ensure sensitive or proprietary information and trade secrets are kept confidential.
13. The PARTIES agree this MOU represents the most current agreement between the PARTIES and supersedes all other written or oral agreements. If the PARTIES wish to update the terms or otherwise adjust provisions of this MOU, the PARTIES shall do so by the drafting and signing of a new MOU, or by written amendment pursuant to Section 7 above.
14. This MOU shall be governed by all applicable State of California and federal law. Any dispute arising out of or in connection with this MOU may be submitted to mediation in the County of San Diego. Should the dispute not resolve at mediation, then the Parties may pursue any other legal remedies
. The venue for any suit concerning the MOU, the
interpretation of application of any of its terms and conditions, or any related disputes shall be in the County of San Diego, State of California.
15. The PARTIES represent and warrant they are authorized to enter into this MOU.
16. Under no circumstances will the PARTIES be liable to each other for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to this MOU or the transactions it contemplates (whether for breach of contract, tort, negligence, or other form of action). The PARTIES’ damages are limited to direct damages.
17. If any provision of this MOU is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in force in accordance with the PARTIES’ intention.
18. This MOU may be executed in any number of identical counterparts, each of which shall be deemed to be an original, and all of which together shall be deemed to be one and the same instrument when each PARTY has signed one such counterpart.
19. The City of San Diego may enter into an agreement with SANDAG, regarding critical points of coordination during the design and construction of the Project provided that the agreement and any necessary funding is approved by the Council of the City of San Diego.
IN WITNESS WHEREOF, the PARTIES hereto have executed this MOU effective on the day and year first above written. The undersigned PARTIES acknowledge and agree to this MOU:
DocuSign Envelope ID: 52DF3282-5E8A-4358-BB93-29547A8144F3
5 California Department of Transportation Approved as to from:
By: _______________________________ By: _______________________________ Ann Fox Jeffrey R. Benowitz
District 11 Director Deputy Chief Counsel
San Diego Association of Governments Approved as to from:
By: _______________________________ By: ________________________________ Mario H. Orso Shelby Tucker
Chief Executive Officer Senior Legal Counsel
San Diego Unified Port District Approved as to from:
By: ______________________________ By: _______________________________ Scott Chadwick Shiraz D. Tangri
President/Chief Executive Officer Deputy General Counsel
City of San Diego Approved as to from:
By: _______________________________ By: ________________________________ Casey Smith Cassandra Mougin
Deputy Chief Operating Officer Deputy City Attorney
City of National City Approved as to from:
By: _______________________________ By: ________________________________ Stephen Manganiello Barry J. Schultz
Director of Public Works City Attorney
Feet
05001000
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080160
1 1
10 1
1 2
9 EXISTING/PROPOSED TRAFFIC SIGNAL
SEE SHEET 14 FOR DETAIL
4 7
9 5
3
W. 8th Street
Harbor Drive
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080160