From: Michael Aguirre
To: Clerk; Shelley Chapel
Cc: Maria Severson; Alexander Gutterud
Subject: Please post the attached word document as pubic comment for item 5.1 for todays special meeting.
Date: Wednesday, September 9, 2026 9:01:55 AM
Attachments: image001.png
2026-09-03 Rebutal to JFC Claim.pdf
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For today’s (9/9/26) Special Meeting Item 5.1:
Greetings: Please find attached the Notice of Gift of
Funds referenced above. Please post this as a written
public comment at today's National City Council
special meeting. This request is made by our client,
Micaela Polanco. Thank You, Mike Aguirre
Word document as pubic comment
Michael J. Aguirre, Esq.
Aguirre & Severson, LLP
501 W. Broadway, Ste. 1050
San Diego, CA 92101
Office: 619.876.5364
AGUIRRE & SEVERSON, LLP
ATTORNEYS AT LAW
Michael J. Aguirre, Esq.
[email protected]
Maria C. Severson, Esq.
[email protected]
Alexander M. Gutterud, Esq.
[email protected]
501 West Broadway, Suite 1050
San Diego, CA 92101
Telephone (619) 876-5364
Facsimile (619) 876-5368
Via Email [email protected];
[email protected]
September 9, 2026
The Honorable Mayor Ron Morrison
The Honorable Luz Molina, Councilmember – District 1
The Honorable Jose Rodriguez, Councilmember – District 2 The Honorable Ditas Yamane, Councilmember – District 3
The Honorable Marcus Bush, Councilmember – District 4
Doug Schulze, City Manager
c/o Heidi Skinner, City Attorney
c/o Shelley Chapel, City Clerk
City of National City
1243 National City Blvd.
National City, CA 91950-4301
Re: Prohibited Gift of Public Funds to Mayor’s Assistant Dear Ms. Skinner:
This firm, representing Micaela Polanco, provides the following regarding the alleged claims by Josie Flores-Clark against the City of National City.
When placed into the framework of law and facts, Management Analyst III Josie Flores-Clark’s (“JFC”) claims1 are without merit based on her own admissions. JFC’s alleged claims involve three separate disputes over (1) a commercial real estate development the National City Planning Commission denied; (2) burial arrangements for JFC’s nephew; and (3) JFC touching the buttocks of a National City Recreation Department employee without consent and commenting that the employee had a “J-Lo” (Jennifer Lopez) body figure.
JFC does not have a viable claim against National City related to either dispute No. 1 or No. 2 because JFC did not suffer detriment from the unlawful act or omission of an agent of National City. See Cal. Civ. Code § 3281.
1 On August 26, 2025, JFC caused to be posted on the September 2, 2025, National City Special Session Agenda:
Item 5.3 CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant Exposure to Litigation Government Code Section 54956.9(e)(3) Claimant: Josie Flores Clark, which includes a statement purporting to support a financial claim against National City.
September 2, 2026
JFC’s claims arising from dispute No. 3 are also not viable because, at a minimum:
(a) JFC admitted stating out loud in front of a lot of people at a City employee birthday party at City Hall that the City Recreation employee had a J-Lo body figure [Garcia Interview 6:33, 7:29];
(b) JFC admitted a video of the birthday party showed JFC made “momentary contact with Delgado’s lower back near the buttocks.” (August 26, 2025, Writing p. 61); and (c) JFC admits the claim against her was sustained by the City-hired investigator who investigated the claim (August 26, 2025, Writing p. 61).
The JFC claim is further undermined by the fact that (1) it was brought by the Mayor’s attorney with input requested from, and provided by, Councilmember Molina, and (2) Councilmember Bush is the one who publicly disclosed a closed-session personnel issue, when he described in open session the “complaint of the sexual harassment complaint made by Elyana Delgado against Josie Flores-Clark. The details shared included details I shared … during the March 18 special closed session meeting. Specifically, I described the facts about the case as I understood it (Josie touched Elyana at an employee birthday lunch on 2/27 and made a comment about her body).” (August 26, 2025, Writing p. 55) On these facts, it appears August 26, 2025, Writing and JFC’s follow-on actions are nothing more than a scheme to get JFC’s allies on the National City Council (Mayor Morrison, Councilmember Molina, and Councilmember Bush) to make a substantial gift of public funds in violation of Cal. Const., Art. XVI § 6.
In California, taxpayers have standing to bring a civil action to challenge an unconstitutional gift of public funds and the waste of public money under Orange County Foundation v. Irvine Co., 139 Cal. App. 3d 195 (1983) and Cal. Code Civ. Proc. § 526a. Taxpayer suits are liberally construed to achieve the remedial purpose of enabling citizens to challenge governmental action that would otherwise go unchallenged. Los Altos Property Owners Assn. v. Hutcheon, 69 Cal.
App. 3d 22, 27 (1977). Under this framework, taxpayers may sue to enjoin illegal expenditure of funds or recover funds that have been illegally expended. Id. at 26-27.
The California Constitution explicitly restricts the government's authority to make gifts of public money. Under Article XVI, section 6, “the Legislature has no power ‘to make or authorize the making of any gift, of any public money or thing of value to any individual, municipal, or other corporation.’” Jordan v. Department of Motor Vehicles, 100 Cal. App. 4th 431, 450 (2002) (citing Cal. Const., Art. XVI § 6). Indeed, “this prohibition applies to general law cities,” such as National City. Sturgeon v. County of Los Angeles, 167 Cal. App. 4th 630, 637 (2008). A “gift” under this constitutional provision “includes all appropriations of public money for which there is no authority or enforceable claim,” even if a moral or equitable obligation exists. Sturgeon, 167 Cal. App. 4th at 637; See also Jordan, 100 Cal. App. 4th at 450.
September 2, 2026
Ms. Polanco will exercise her right as a taxpayer to challenge any gift of public funds made based upon JFC’s invalid and meritless claim.
Very truly yours,
/s/ Michael J. Aguirre
Michael J. Aguirre, Esq.