to the sale of tobacco products.
6. The applicant is under the age of twenty-one.
Section 9.38.100 License renewal and expiration.
A tobacco retailer's license is invalid if the appropriate fee has not been timely paid in full or if the term of the license has expired. The term of a tobacco retailer license is one (1) year. Each tobacco retailer will apply for the renewal of their tobacco retailer’s license and submit the license fee no later than thirty (30) days prior to expiration of the current license. A retailer that fails to timely submit a renewal application and fee is ineligible for license renewal and must submit a new application pursuant to this Chapter.
Section 9.38.110 Licenses not transferrable, past violations at retail location.
A. Licenses not transferrable. A tobacco retailer's license may not be transferred from one Person to another or from one location to another. A new tobacco retailer's license is required whenever a tobacco retailer has a new tobacco retailing location or a location has a change in proprietors.
B. Past violations. Notwithstanding any other provision of this chapter, prior violations at a location shall continue to be counted against a location and license ineligibility periods shall continue to apply to the location unless:
1. The location has been transferred to the new Proprietor(s) in an Arm's Length Transaction; and
2. The new proprietor(s) provide the City with clear and convincing evidence that the new Proprietor(s) have acquired the location in an Arm's Length Transaction.
Section 9.38.120 License conveys a limited, conditional privilege.
Nothing in this chapter shall be construed to grant any Person obtaining and maintaining a Tobacco Retailer's license any status or right other than the limited conditional privilege to act as a Tobacco Retailer at the location in the City identified on the face of the permit. Nothing in this chapter shall be construed to render inapplicable, supersede, or apply in lieu of, any other provision of applicable law Section 9.38.130 Fee for license
The fee to issue or to renew a tobacco retailer's license shall be established from time to time by resolution of the City Council. The fee shall be calculated so as to recover the total cost of administration and enforcement of this chapter, including, but not limited to, issuing a license, administering the l program, retailer education, retailer inspection and compliance checks, documentation of violations, and prosecution of violators, but shall not exceed the cost of the regulatory program authorized by this chapter. All fees and interest upon proceeds of fees shall be used exclusively to fund the program. Fees are nonrefundable except as may be required by law.
Section 9.38.140 Compliance monitoring.
A. Compliance with this chapter shall be monitored by the Department. In addition, the City may designate additional persons to monitor compliance with this chapter. All licensed premises must be open to inspection by city staff or designated persons during regular business hours.
B. The Department shall inspect each tobacco retailer at least one (1) time per 12-month period.
C. The city shall conduct up to two compliance checks per 12-month period that involves the participation of persons between the ages of 18 and 20 to enter licensed premises to attempt to purchase tobacco products.
D. Nothing in this section shall create a right of action in any licensee or other person against the city or its agents
Section 9.38.150 Suspension or revocation of permit.
A. Notice. Upon discovery of a suspected violation, the Department shall issue the alleged violator, either personally or by first class mail addressed to the authorized address, an administrative citation that sets forth the alleged violation and which shall inform the alleged violator of their right to be heard on the accusation. The administrative citation shall comply with the requirements of Section 1.44.030 of the National City Municipal Code.
B. Hearings. Upon issuance of an administrative citation, a person accused of violating this Ordinance may request in writing a hearing on the matter in accordance with the procedures set forth in Sections 1.44.070 –
1.44.120 of the National City Municipal Code.
C. Costs. If this administrative citation is upheld by the hearing officer, the city’s actual expenses in holding the hearing up to a maximum of one thousand dollars ($1,000) must be paid by the person requesting the hearing.
D. Continued violation.
1. Each day on which a tobacco product is distributed, sold, or offered for sale in violation of this Chapter shall constitute a separate violation of this Chapter; and
2. Each individual tobacco product that is distributed, sold, or offered for sale in violation of this Chapter shall constitute a separate violation of this Chapter.
E. Revocation of License Wrongly Issued. A tobacco retailer's license shall be revoked if the Department finds, after the Licensee is afforded notice and an opportunity to be heard, that one or more of the bases for denial of a license under this Chapter existed at the time application was made, or at any time before the permit issued, or one or more of the bases for denial of a renewal permit under this Chapter existed at the time the renewal permit was issued. Notice and appeal of the revocation shall be conducted in accordance with this section.
F. If a license issued under this chapter is suspended or revoked, all tobacco products at the suspended or revoked tobacco retailer's location shall be removed from public view for the duration of the suspension or revocation. The tobacco retailer additionally shall not display any advertisement relating to tobacco products that promotes the sale or distribution of such products from the tobacco retailer's location or that could lead a reasonable consumer to believe that such products can be obtained at that location for the duration of the suspension or revocation.
Section 9.38.160 Violations and penalties.
A. Any licensee who is found to be in violation of this Ordinance, whether such violation is determined by a hearing officer or superior court; or the Licensee has pleaded guilty, "no contest," or its equivalent, or admitted to a violation, will be charged an administrative fine and as well as their license suspended or
revoked follows:
1. Upon a finding by the Department of a first violation of this chapter at a location, the Licensee shall be issued a warning.
2. Upon a finding by the Department of a second violation of this chapter at a location within any 36-month period, the licensee will be charged an administrative fine of $300 and the license shall be suspended for 90 days.
3. Upon a finding by the Department of a third violation of this chapter at a location within any 36-month period, the licensee will be charged an administrative fine of $600 and the license shall be suspended for one year.
4. Upon a finding by the Department of a fourth violation of this chapter at a location within any 36-month period, the licensee will be charged an administrative fine of $1,000 and the license shall be revoked.
B. Tobacco retailing without a valid license. In addition to any other penalty authorized by law, if the Department finds based on a preponderance of evidence, after notice and an opportunity to be heard, that any person has engaged in tobacco retailing at a location without a valid tobacco retailer's permit, either directly or through the person's agents or employees, the person shall be ineligible to apply for, or to be issued, a tobacco retailer's permit as follows:
1. After a first violation of this section at a location within any 36-month period, no new permit may be issued for the person or the location (unless proprietorship of the business at the location has been transferred in an Arm's Length Transaction), until 90 days have passed from the date of the violation.
2. After a second violation of this section at a location within any 36-month period, no new permit may be issued for the person or the location (unless proprietorship of the business at the location has been transferred in an Arm's Length Transaction), until 180 days have passed from the date of the violation.
3. After of a third or subsequent violation of this section at a location within any 36-month period, no new license may be issued for the person or the location (unless Proprietorship of the business at the location has been transferred in an Arm's Length Transaction), until five years have passed from the date of the violation.
C. Whenever evidence of a violation of this chapter is obtained in any part through the participation of a Person under the age of 18 years old, such a Person shall not be required to appear or give testimony in any civil or administrative process brought to enforce this chapter and the alleged violation shall be adjudicated based upon the preponderance of the evidence presented.
D. All tobacco retailers are responsible for the actions of their employees relating to the sale, offer to sell, and furnishing of tobacco products at the retail location. The sale of any tobacco product shall be considered an act of the tobacco retailer.
E. Tobacco products offered for sale in violation of this Chapter are subject to seizure by the Department or its designee and shall be forfeited after the licensee or any other owner of the tobacco products seized is given reasonable notice and an opportunity to demonstrate that the tobacco products were not offered for sale in violation of this Chapter. The decision by the Department may be appealed pursuant to the procedures set
forth in Section 9.38.150. Forfeited tobacco products shall be destroyed and properly disposed of at the cost of the seller after all internal appeals have been exhausted and the time in which to seek judicial review pursuant to California Code of Civil Procedure section 1094.6 or other applicable law has expired without the filing of a lawsuit or, if such a suit is filed, after judgment in that suit becomes final.
F. Violations of this Chapter may, at the discretion of the City Attorney, be prosecuted as infractions or misdemeanors when the interests of justice so require.
G. Violations of this Chapter are hereby declared to be public nuisances.
H. In addition to other remedies provided by this Chapter or by other law, any violation of this Chapter may be remedied by a civil action brought by City Attorney, including administrative or judicial nuisance abatement proceedings, civil code enforcement proceedings, and suits for injunctive relief.
I. The remedies specified in this section are cumulative and in addition to any other remedies available under State or local law for a violation of this Code.
Section 9.38.170 Exceptions.
A. Nothing in this Chapter prevents the provision of tobacco products to any person as part of an indigenous practice or a lawfully recognized religious or spiritual ceremony or practice.
B. Nothing in this Chapter shall be construed to penalize the purchase, use, or possession of a tobacco product by any person not engaged in tobacco retailing.
Section 9.38.180 Construction and severability.
It is the intent of the City Council to supplement applicable state and federal law and not to duplicate or contradict such law and this ordinance shall be construed consistently with that intention. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Chapter, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases of this Chapter, or its application to any other person or circumstance. The City Council hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
Section 9.38.190 Public records.
All information provided to the Department by a licensee or license applicant pursuant to this Chapter shall be subject to disclosure under the California Public Records Act (California Government Code section 6250 et seq.) or any other applicable law.
Section 3. Severability. If any section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
Section 4. This Ordinance shall take effect and be in force thirty (30) days from the date of its passage, and before the expiration of fifteen (15) days after its passage, it or a summary of it, shall be published
once, with the names of the members of the City Council voting for and against the same in the Star News, a newspaper of general circulation published in the County of San Diego, California.
INTRODUCED this 19th day of August, 2025.
PASSED and ADOPTED this _____ day of ___________, 2025. __________________________
Ron Morrison, Mayor
ATTEST:
_____________________________
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
_____________________________
Barry J. Schultz
City Attorney
AGENDA REPORT
Department: Community Services
Prepared by: Joanne McGhee, Community Services Manager
Meeting Date: Tuesday, August 19, 2025
Approved by: Scott Huth, Interim City Manager
SUBJECT:
Amendment to the Lease and Operating Agreement between the City of National City and American Golf Corporation.
RECOMMENDATION:
Adopt the Resolution Entitled: “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute an Amendment to the Agreement with American Golf Corporation for the Maintenance and Operation of the National City Golf Course to Extend the Agreement by Sixty Days to October 31, 2025.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
On May 3, 1984, the City of National City entered into an agreement with American Golf Corporation for the lease and operation of the National City Golf Course, located at 1439 Sweetwater Road, National City, California (the “Agreement”). The Agreement encompasses the operation and maintenance of the public golf course, driving range, clubhouse, restaurant, bar, golf instruction services, and the pro shop. The initial term of the Agreement was five years, with the option for seven (7) five-year extensions at the discretion of American Golf Corporation, plus two (2) additional five-year option periods at the discretion of City Since its original execution, the Agreement has been amended on multiple occasions to address operational and contractual updates, with the most recent amendment approved on May 5, 2021.
Additionally, American Golf Corporation has exercised all seven five-year extensions provided for in the Agreement and has requested an additional five-year extension from the City.
Under the terms of the Agreement, American Golf Corporation pays the City of National City a base rent of $72,000 per year in addition 10% of sales from green fees, cart rentals, and driving range, 6% of sales from Pro shop, food and beverage sales. All expenditures related to the maintenance and operation of the property are the responsibility of the lessee, resulting in minimal financial burden to the City.
American Golf Corporation has been a reliable and responsible tenant, consistently acting in good faith throughout the term of the Agreement. They have supported and promoted recreational golf within the community by providing opportunities for local high school programs, hosting women’s golf sessions, offering inclusive golf programs, and prioritizing the hiring of local residents.
Additionally, the fee schedule includes discounted resident and senior rates to ensure that National City residents have priority access and affordable use of the facility.
American Golf Corporation is also actively working with the City to address necessary infrastructure improvements, including repairs to the on-site bridge. In addition, they are committed to enhancing the overall grounds by planting more trees, upgrading golf turf, installing new targets at the driving range, and offering food and beverage promotions to improve the experience for visitors to the café. Their operations also contribute to the local economy by attracting visitors who support nearby businesses and restaurants, as well as through their participation in local events and special programs that strengthen community engagement.
The current term of the Agreement expires on August 31, 2025. In order to allow sufficient time to further explore continuing American Golf Course’s operation of the golf course and any amendments to the Agreement that may be necessary, staff recommends extending the Agreement for an additional sixty days to October 31, 2025.
FINANCIAL STATEMENT:
FY 25 Revenue $217,838
FY 24 Revenue $142,589
FY 23 Revenue $73,687
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Parks, Recreation and Library
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 – Historical_Redacted
Exhibit B – Resolution
Exhibit C – Letter_Redacted
Exhibit D – Amendment to Agreement
RESOLUTION NO. 2025
-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA,
AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH
AMERICAN GOLF CORPORATION FOR THE MAINTENANCE AND OPERATION OF THE
NATIONAL CITY GOLF COURSE TO EXTEND THE AGREEMENT BY SIXTY DAYS TO OCTOBER 31, 2025.
WHEREAS, on May 3, 1984, the City of National City (“City”) and American Golf Corporation (“American Golf”) entered into a Lease and Operating Agreement for the Las Palmas Municipal Golf Couse (the “Agreement”) for operation of the golf course located at 1439 Sweetwater Rd. for an initial term of five (5) years, with the option for seven (7) five-year extensions at the discretion of American Golf, plus two (2) additional five-year option periods at the discretion of City; and
WHEREAS, on July 2, 1985, City and American Golf amended the Agreement to modify language related to the “Construction Period,” from which time the lease term would commence, and subsequently entered into a number of other amendments to the Agreement to address contractual and operational updates, include fee updates; and WHEREAS, American Golf has exercised all seven (7) extensions at its discretion, extending the Agreement to August 31, 2025, and has requested an offer of an additional fiveyear extension from City; and WHEREAS, under the Agreement, American Golf currently pays $72,000 annually for the operation of the property and an additional 10% of sales from green fees, cart rentals, and driving range, plus 6% of sales from pro shop, food and beverage sales; and WHEREAS, the parties have discussed further extending the Agreement through exercise of the City’s option but, in order to allow sufficient time to evaluate the requested extension and consider potential modifications to the Agreement, City desires to further extend the Agreement by sixty (60) days, and American Golf is willing to continue to perform such services; and
WHEREAS, to avoid any interruption in operation or maintenance of the golf course, City staff recommends approval of an Amendment to the Agreement with American Golf to extend the Agreement by sixty (60) days to October 31, 2025.
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 Mayor to execute an Amendment to the agreement with American Golf Corporation to extend the agreement by sixty (60) days to October 31, 2025.
Section 2: That the City Clerk shall certify as to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 19th day of August, 2025.
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
Barry J. Schultz, City Attorney
10670 N. Central Expressway, Suite 700 • Dallas, Texas 75231 • Telephone (310) 664-4000 • www.americangolf.com February 27, 2025
VIA E-MAIL & OVERNIGHT MAIL
City of National City
1243 National City Blvd
National City, CA 91950
ATTN: Ben Martinez, City Manager
RE: EXTENSION OF LEASE – Lease and Operating Agreement dated May 3, 1984 between City of National City and American Golf Corporation, as Amended (the “Lease”)
Dear Mr. Martinez:
Pursuant to the second paragraph of Section 3 of the Lease, American Golf respectfully requests the City offer the first of two additional 5-year option terms contemplated by this Section of the Lease (“City Option”). Please accept this letter as American Golf’s acceptance and exercise of said City Option, should City in its sole discretion wish to offer as contemplated in the Lease. The aforementioned Option term would commence on September 1, 2025 and expire on August 31, 2030.
National City and American Golf have enjoyed a strong public-private partnership for many years with mutually successful performance under the Lease during the current term. The City Option period will provide the time for American Golf to invest capital on the pending (currently in plan check) bridge replacement project with an estimated cost of $350,000.
We look forward to working with you to increase our already expanded community programming and to complete the main bridge replacement project. National City is a cherished community asset and we know the main bridge replacement will improve operations and dramatically enhance the customer experience.
If you have any questions or would like to discuss further, please feel free to contact me at 703-772-3593.
Amended Agreement Page 1 City of National City and
American Golf Corporation
AMENDMENT TO THE AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
AMERICAN GOLF CORPORATION
THIS AMENDMENT TO THE AGREEMENT is entered into this ____ day of August, 2025, by and between the CITY OF NATIONAL CITY, a municipal corporation (“CITY” or “LANDLORD”), and AMERICAN GOLF CORPORATION (“TENANT”).
RECITALS
WHEREAS, the CITY and TENANT entered into a Lease and Operating Agreement for the Las Palmas Municipal Golf Couse on May 3, 1984 (the “Agreement”), wherein CITY leased real property to TENANT for operation of a golf course for an initial term of five (5) years, with the option to extend this term for up to seven (7) five-year extensions at the discretion of TENANT, plus two (2) additional five-year option periods at the discretion of CITY; and
WHEREAS, on July 2, 1985, CITY and TENANT entered into an amendment to the Agreement to modify language related to the “Construction Period,” from which time the lease term would commence; and
WHEREAS, TENANT exercised all seven (7) extensions at its discretion, extending the Agreement to August 31, 2025; and
WHEREAS, the parties have discussed further extending the Agreement through exercise of LANDLORD’s option but, in order to allow sufficient time to evaluate compliance with the obligations of the Agreement and consider potential modifications to the Agreement, and to ensure continuation of golf course operations by TENANT in the interim, the CITY desires to further extend the Agreement by sixty (60) days, and the TENANT is willing to continue to perform such services; and WHEREAS, the parties desire to amend the Agreement by extending the term of the Agreement to October 31, 2025.
AGREEMENT
NOW, THEREFORE, the parties hereto agree that:
1. The May 3, 1984 Agreement is hereby amended to further extend the term of the Agreement by sixty (60) days to October 31, 2025.
2. The parties further agree that, with the foregoing exceptions, each and every other term and provision of the May 3, 1984 Agreement, as amended by prior amendments, shall remain in full force and effect.
Amended Agreement Page 2 City of National City and
American Golf Corporation
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first above written.
CITY OF NATIONAL CITY
By:________________________
Ron Morrison, Mayor
APPROVED AS TO FORM:
By:___________________________
Barry J. Schultz
City Attorney
AMERICAN GOLF
CORPORATION
By:
__________________________
Title:______________________
AGENDA REPORT
Department: Finance
Prepared by: Rachelle Barrera, Finance Manager
Meeting Date: Tuesday, August 19, 2025
Approved by: Scott W. Huth, Interim City Manager
SUBJECT:
Setting the FY 2026 Property Tax Rate for Library General Obligation Bonds RECOMMENDATION:
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Setting the Fiscal Year 2026 Secured Property Tax Rate for the Library General Obligation Bonds at 0.00266 cent (0.00266%) per $100 of Assessed Valuation.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
In the Special Municipal Election held on March 5, 2002, more than two-thirds of National City's eligible voters approved the issuance of general obligation bonds to fund the construction of the new National City Library. In April 2003, the City issued the general obligation bonds (GO Bonds) in the aggregate principal amount of $6 million. Those bonds mature on August 1st of each of the years 2004 through 2028. Debt service payments on general obligation bonds are satisfied through a special property tax levy. In 2012, the City refinanced the bonds to lower the interest rate on the bonds and to decrease the tax burden required for repayment.
Each year, the City must establish the tax rate to be applied to the assessed value of secured property, which generates the primary portion of the property tax revenue needed to be raised in order to service its annual bonded indebtedness. For fiscal year 2026, staff has calculated a secured property tax rate of 0.00266 cent per $100 of assessed value. Property tax revenues are also received based on the value of unsecured property, but at the rate set for secured property in the prior year. Also contributing to property tax revenues are assessments on mid-year changes in values (known as supplemental assessments) and State unitary tax allocations. Exhibit A provides a summary and certification of the secured and unsecured property tax requirements for the Library general obligation bonds debt service that will be provided to the County of San Diego Auditor & Controller for applying to the fiscal year 2026 property tax roll.
FINANCIAL STATEMENT:
Debt service payments for the GO Bonds for FY26 total $396,425. The Library Bonds Debt Service Fund has a fund balance of over $796,000. Fund balance in the Debt Service Fund will be the source of funding for the difference between property taxes raised and the amount of the debt service payment due. The recommended FY26 secured property tax rate of 0.00266 cent per $100 of assessed valuation is estimated to generate approximately $147,306 in property tax revenue. The rate for unsecured property, automatically set at the secured rate from FY 2026, will be 0.00284 cent per $100 of assessed valuation, which will generate approximately $8,358 in revenue. The combined total is $155,663.
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 – GO Bond Rate Calculation 2025-2026 Tax Roll Exhibit B - Resolution
Exhibit A
$ 5,547,386,046
$ 147,306
8,358
$ 155,663
0.00266
I CERTIFY THAT THE ABOVE COMPUTED RATE IS A REASONABLE TAX RATE FOR THIS FUND 8/12/2025
Rachelle Barrera Date
Finance Manager
City of National City
Amount to be raised from Unsecured Taxes*
Total
Rate to be applied to Secured Property
* Estimate provided by County of San Diego Auditor & Controller and is calculated by applying the prior year's secured property tax rate of 0.00284 to the unsecured assessed valuation of $294,291,193 for FY2026.
General Obligation Bond Debt Service (Fund 6065-50)
Library Construction
Secured Property Tax Rate Computation for Fiscal Year 2026 City of National City
FY2026 Secured Assessed Valuation for Rate Computation
Amount to be raised by taxes on Secured Real Property
RESOLUTION NO. 2025 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, SETTING THE FISCAL YEAR 2026 SECURED PROPERTY TAX RATE FOR THE LIBRARY GENERAL OBLIGATION BONDS AT 0.266 CENT (0.00266%) PER $100 OF ASSESSED VALUATION.
WHEREAS, in the Special Municipal Election held on March 5, 2002, more than two-thirds of the City of National City's (“City”) eligible voters approved the issuance of General Obligation Bonds to fund the construction of the new National City Public Library; and
WHEREAS, in April of 2003, the City issued the Library General Obligation Bonds in the aggregate principal amount of $6 million, which mature on August 1st of each of the years from 2004 through 2028 (the “Bonds”); and WHEREAS, in 2012, the City refinanced the Bonds to lower the interest rate on the Bonds and to decrease the tax burden required for repayment; and WHEREAS, the amount of principal and interest to be paid each year is generated through the proceeds of a special property tax levy; and WHEREAS, each year the City must establish the secured property tax rate that is needed to raise the revenue required to service its annual bonded indebtedness; and
WHEREAS, for Fiscal Year 2026, staff recommends setting the secured property tax rate at 0.266 cent (0.00266%) per $100 of assessed value.
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 secured property tax rate for bonded indebtedness for Fiscal Year 2026 to be set at 0.266 cent (0.00266%) per $100 of secured assessed valuation.
Section 2: That the City Clerk shall certify as to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 19th day of August, 2025.
Ron Morrison, Mayor
ATTEST:
________________________
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
Barry J. Schultz, City Attorney
CITY COUNCIL ITEM REQUEST
The City Council Item Request Form is for members of the City Council to submit written requests to the City Manager’s Office for inclusion of an item on a future City Council Meeting Agenda. At the meeting where the initial written request is heard, discussion should be limited to whether the item should be added to an agenda and a date, not the merit of the item. A majority vote of the City Council is required for the item to be added to a future City Council Meeting Agenda for action.
Marcus Bush
Requesting Member of City Council:
Today’s Date: August 12, 2025
Is this matter considered Time-Sensitive by another entity deadline? Yes – State Legislator
WRITTEN REQUEST
I, Marcus Bush , hereby request that the following item be placed on the City of National City – City Council meeting agenda for consideration.
Resolution to support Utility Affordability and Accountability Legislative Package.
(R-2025-667)
-PAGE 1 OF 4-
RESOLUTION NUMBER R-_________________
DATE OF FINAL PASSAGE _________________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN DIEGO SUPPORTING CALIFORNIA SENATE AND
ASSEMBLY BILLS RELATING TO UTILITY
AFFORDABILITY AND ACCOUNTABILITY FOR THE
2025-2026 CALIFORNIA LEGISLATURE REGULAR
SESSION.
RECITALS
The Council of the City of San Diego (Council) adopts this Resolution based on the following:
A. Rising utility rates in California continue to increase the cost of living for millions of residents. Bundled residential rates have increased since 2013 at an average annual rate greater than the assumed rate of inflation. During that period, Pacific Gas and Electric Company’s (PG&E) rates increased 12 percent with Southern California Edison (SCE) and San Diego Gas & Electric Company’s (SDG&E) rates increasing seven percent. Residents in San Diego County pay approximately $328 per month for electricity, totaling nearly $3,936 annually. This is about 62% higher than the national average. According to a 2023 California State Audit, SDG&E has the highest electricity rate of the large investor-owned-utilities in California, and, as of March 2023, more than 25 percent of SDG&E customers were more than 30 days behind on paying their utility bills.
B. Proposed legislation currently in the California Senate and Assembly during the 2025-2026 session aim to lower utility costs and hold investor-owned utility companies accountable. The following are the pending state bills:
1. Senate Bill 330 (Padilla) authorizes the governor to establish pilot programs to explore more affordable ways to build out the additional electrical transmission needed to meet California’s climate goals;
(R-2025-667)
-PAGE 2 OF 4-
2. Senate Bill 332 (Wahab) seeks to cap residential rate increases to align with the Consumer Price Index, prohibit utility shutoffs for vulnerable populations, mandate regular audits and timely replacement of aging infrastructure in high fire-risk areas, ties executive compensation to safety performance metrics, and commission a study to evaluate the feasibility of transitioning investor-owned utilities to public or nonprofit ownership models;
3. Senate Bill 500 (Stern) aims to enhance the alignment of electrical corporations’ operations with public policy goals by authorizing the California Public Utilities Commission (PUC) to evaluate and implement performance metrics and financial incentives that promote cost-effective, safe, and reliable electric service, while minimizing costs for ratepayers;
4. Senate Bill 24 (McNerney) prohibits investor-owned utilities, except as provided, from using rate payer funds for political influence activities, promotional advertising, or opposing the municipalization of electrical or gas service;
5. Senate Bill 636 (Menjivar) grants three-month hardship deferments to utility customers facing serious hardships like job loss, family death, or wildfires, which transition to manageable payment plans on any outstanding balances;
6. Senate Bill 254 (Becker) proposes various policies related to utilities, including changes to wildfire mitigation, the allocation to customers of the Climate Credit, electrical transmission infrastructure permitting and deployment, permitting of clean energy infrastructure, and electricity utility bills;
7. Assembly Bill 1167 (Berman and Addis) prohibits investor-owned utilities, except as provided, from using rate payer funds for lobbying, advertising, and other activities and other non-energy related expenses;
(R-2025-667)
-PAGE 3 OF 4-
8. Assembly Bill 1020 (Schiavo) requires investor-owned utilities to report to the PUC any taxpayer funding that the utility has applied for or received, and requires each utility to promptly deliver the financial benefits of taxpayer funding to ratepayers;
9. Assembly Bill 1017 (Boerner) mandates that investor-owned utilities provide detailed historical data on distribution costs and returns as part of their general rate case filings; and
10. Assembly Bill 825 (Petrie-Norris) proposes a range of policies to address rising electric utility bills, including establishing a public financing mechanism to reduce costs associated with the development of eligible transmission projects, prohibiting investor-owned utilities from including $15 billion in undergrounding capital investments in their rate base for purposes of earning equity returns, creating a task force to evaluate energy efficiency and demand-side programs for customers, creating a new program to help local governments permit clean energy projects, and revising wildfire mitigation planning.
C. Collectively, passage of these legislative bills will help lower costs, ensure fair electricity pricing, and advance equitable and affordable energy for residents across the state.
D. The City’s support for these legislative bills is consistent with previous actions by the Council to ensure accountability by investor-owned utilities and reduce rates for San Diegans. For example, in November 2023, the Council adopted Resolution R-315214 (Nov. 14, 2023) calling on the PUC and its Public Advocates Office to implement improvements to oversight of gas and electric rates of public utilities to better protect customers from excessive utility rates.
E. The Office of the City Attorney prepared this Resolution based on the information provided by City staff, with the understanding that this information is complete and accurate.
(R-2025-667)
-PAGE 4 OF 4-
ACTION ITEMS
Be it resolved by the Council of the City of San Diego:
1. The Council declares its full support for Senate Bills 24, 254, 330, 500, and 636, and Assembly Bills 825, 1017, 1020, and 1167, pending before the California Legislature for the 2025-2026 regular session.
2. The Council requests the City’s Government Affairs Department staff transmit this Resolution to the City’s state lobbyists and other appropriate individuals to ensure this Resolution is received by state representatives and made part of the official record of support for Senate Bills 24, 254, 330, 500, and 636, and Assembly Bills 825, 1017, 1020, and 1167.
APPROVED: HEATHER FERBERT, City Attorney
By
David J. Karlin
Senior Deputy City Attorney
DJK:cm
July 18, 2025
Or.Dept: Council District 1
Doc. No. 4107674_2
I certify that the Council of the City of San Diego adopted this Resolution at a meeting held on ______________________________.
DIANA J.S. FUENTES
City Clerk
By
Deputy City Clerk
Approved:
(date) TODD GLORIA, Mayor
Vetoed:
(date) TODD GLORIA, Mayor
CITY COUNCIL ITEM REQUEST
The City Council Item Request Form is for members of the City Council to submit written requests to the City Manager’s Office for inclusion of an item on a future City Council Meeting Agenda. At the meeting where the initial written request is heard, discussion should be limited to whether the item should be added to an agenda and a date, not the merit of the item. A majority vote of the City Council is required for the item to be added to a future City Council Meeting Agenda for action.
Requesting Member of City Council: Marcus Bush
Today’s Date: 8/12/2025 Is this matter considered Time-Sensitive by another entity deadline? 8/19/2025
WRITTEN REQUEST
I, Marcus Bush, hereby request that the following item be placed on the City of National City – City Council meeting agenda for consideration.
Activating Cultural Economic (ACE) Opportunities is a Chamber of Commerce initiative dedicated to celebrating National City’s heritage, fostering community pride, and creating inclusive spaces for all residents and visitors to connect through events like a Multi-Cultural Street Festival. ACE aims to spotlight local culture, talent, and traditions. Encouraging everyone to shop, dine, and explore The City of National City.
ACE events will attract visitors from across San Diego County strengthening our cultural identity, increasing local business revenue, and positioning National City as a premier destination for arts, food, and culture. Vice Mayor Marcus Bush is requesting that the City Council receive a formal presentation from the National City Chamber of Commerce on the ACE Team program to explore opportunities for collaboration, including financial support to help launch this initiative. This investment will lay the foundation for ACE’s long-term success, enabling it to grow its impact, and ultimately operate as a self-sustaining program through event revenue and partnerships with private companies that share our vision of a thriving, and vibrant National City.