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[00:00:02]

ALL

[1. CALL TO ORDER]

RIGHT.

BEFORE WE, UH, PROCEED, I'D LIKE TO REQUEST THE INTERPRETER TO TAKE A MOMENT TO EXPLAIN THE CITY'S INTERPRETATION SERVICES THAT WILL BE OFFERED FOR THIS EVENING'S CITY COUNCIL MEETING.

THANK YOU, MAYOR VO VIA ZOOM, AND THANK YOU, MAYOR.

ALRIGHT, THANK YOU VERY MUCH.

AND JUST A REMINDER, IF WE COULD SILENCE ALL CELL PHONES OR ANY OTHER DEVICES, UH, IN THE AUDIENCE, THAT WOULD BE GREATLY APPRECIATED.

UM, WITH THAT, I'D LIKE TO CALL THE MEETING TO ORDER A LIVE WEBCAST OF THE MEETING MAY BE VIEWED ON THE CITY'S WEBSITE.

AND IF YOU'RE WATCHING VIA ZOOM, VIEWING THE SPANISH VERSION OF THE MEETING, INTERPRETER INSTRUCTIONS WILL APPEAR IN THE CHAT BOX AT THE BOTTOM OF YOUR SCREEN.

FOR THOSE WHO PREFER TO SIT IN THE CHAMBER, HEADSETS ARE AVAILABLE TO PROVIDE LIVE TRANSLATION.

UH, SPANISH TRANSLATION, PLEASE SEE THE CITY CLERK TO CHECK OUT A HEADSET.

THE NOTICE AGENDA AND INFORMATION ON THE CITY OF NASHVILLE CITY'S WEBSITE INFORMS MEMBERS OF THE PUBLIC THAT THEY MAY SUBMIT A GENERAL PUBLIC COMMENT OR A PUBLIC COMMENT ON A SPECIFIC AGENDA ITEM IN A NUMBER OF WAYS.

FIRST, BY FILLING OUT ONE OF THESE SALMON COLORED SLIPS, THEY'RE AVAILABLE RIGHT OUTSIDE THE DOOR.

UH, THEY'RE ON THE WALL.

PLEASE GET THOSE OVER AS SOON AS POSSIBLE TO OUR CITY CLERK'S DESK VIA ZOOM BY PRE-REGISTERING ON THE CITY'S WEBSITE, NO LATER THAN TWO HOURS BEFORE THE MEETING OR EMAILING NO LATER THAN FOUR HOURS BEFORE THE MEETING.

ALL WRITTEN COMMENTS RECEIVED ARE DISTRIBUTED TO THE CITY CLERK PRIOR TO THE MEETING AND PUBLISHED ON THE CITY'S WEBSITE IF RECEIVED BY THE DEADLINE.

WITH THAT, COULD WE HAVE ROLL CALL PLEASE? THANK YOU.

COUNCIL MEMBER YAMANI HERE.

COUNCIL MEMBER RODRIGUEZ.

PRESENT.

COUNCIL MEMBER MOLINA PRESENT.

VICE S MAYOR BUSH.

HERE, MAYOR MORRISON.

UH, PRESENT.

WE HAVE A QUORUM.

THANK YOU.

THAT COULD WE STAND FOR THE PLEDGE OF ALLEGIANCE? REMAIN STANDING FOR THE INVOCATION.

AND, UH, BUSH, WOULD YOU IT PLEASE.

RIGHT HAND OVER YOUR HEART.

READY? BEGIN.

I PLEDGE ALLEGIANCE TO FLAG UNITED STATES OF, OF AMERICA, AND TO THE REPUBLIC FOR STANDS, ONE NATION UNDER GOD IN WITH LIBERTY AND JUSTICE.

LET US PRAY.

ALMIGHTY GOD, WE THANK YOU FOR THE PRIVILEGE OF BEING HERE THIS EVENING.

WE THANK YOU FOR THE FREEDOM THAT YOU ALLOW US TO PARTICIPATE IN THE DECISION MAKING OF CITY GOVERNMENT, IN PARTICULAR NATIONAL CITY.

BLESS WHAT IS DONE TONIGHT, BLESS EVERYBODY INVOLVED.

BLESS THE LEADERS SITTING AT THE IN, IN FRONT HERE, GUIDE THEM, GIVE THEM, UH, A SENSE OF FAIRNESS AND REASON.

AND WE THANK YOU, LORD.

WE THANK YOU FOR THE PRIVILEGE OF BEING HERE THIS EVENING.

BE WITH US AND BLESS US AND GUIDE OUR STEPS.

WE THANK YOU, LORD.

WE ASK ALL OF THIS IN JESUS' NAME.

AMEN.

AMEN.

AMEN.

OKAY, UH, BEFORE WE GET STARTED, JUST A COUPLE OF HOUSEKEEPING, UH, ITEMS. ITEM 9.6, WHICH WAS A NOTICE OF DECISION THAT IS BEING PULLED.

UH, THERE HAS BEEN AN APPEAL FOR THAT, SO THAT WILL AUTOMATICALLY GO TO A PUBLIC HEARING, SO WE WILL NOT BE HEARING 9.6 THIS EVENING.

UM, ALSO, THEN I AM GOING TO, UH, WE'RE GONNA DO PUBLIC COMMENT.

WE'LL DO THE RECOGNITIONS AND PROCLAMATIONS, UM, THE, AND THEN AFTER THAT, WE ARE GONNA BE GOING INTO, UH, WHAT IS IT, 10 POINT? YEAH.

10.2.

UH, WE WILL, WE'RE GONNA BRING UP 10.2 AT THAT POINT AND, UH, DEAL WITH IT.

AND THEN, THEN WE'LL CARRY ON WITH THE REST OF THE AGENDA.

WITH THAT, UH, WE GO

[5. PUBLIC COMMENT (Part 1 of 2)]

INTO PUBLIC COMMENT.

WE'LL BE GIVING, WE HAVE A LARGE NUMBER OF SPEAKERS THIS EVENING, SO WE'RE GONNA BE GOING ON TWO MINUTE, UH, INTERVALS.

UM, I'M GONNA BE CALLING UP THREE PEOPLE AT A TIME.

PLEASE.

WHEN YOU, WHEN YOU HEARD YOUR NAME CALL, PLEASE COME OUT INTO THE AISLE.

THAT WAY THEN WE DON'T HAVE TO WAIT BETWEEN SPEAKERS SO LONG FOR PEOPLE TO COME ON UP.

UM, SO

[00:05:01]

WE FIRST GO WITH BENJAMIN, UH, CROGAN, I BELIEVE IT IS.

AND THEN WE HAVE FINO M AND THEN DEMARS GONZALEZ.

SO BENJAMIN, AND IF YOU'RE OUTSIDE AND YOU HEAR YOUR NAME, COME ON UP INTO THE, UP INTO THE AISLE.

BENJAMIN GANS, THEN FASSINO M AND THEN DEMAR GONZALEZ.

OKAY.

YOU BENJAMIN, GO FOR IT.

UH, TO THAT ONE.

RIGHT THERE.

OKAY.

THERE YOU GO.

ALL RIGHT.

UH, THANK YOU.

UM, GOOD EVENING.

UH, I'M BENJAMIN S GOGGINS.

I'M A SENIOR AT SAN DIEGO HIGH SCHOOL, AND I'D LIKE TO TALK ABOUT SOMETHING I'VE BEEN WORKING ON, UM, FOR SAN DIEGO HIGH SCHOOL.

I HAVE BEEN PARTICIPATING IN AN ENVIRONMENTAL JUSTICE STUDY, UH, RESEARCHING THE REGION OF SAN DIEGO.

ENVIRONMENTAL JUSTICE IS THE PRINCIPLE THAT ALL PEOPLE IN COMMUNITIES HAVE THE RIGHT TO LIVE AND THRIVE IN A SAFE, HEALTHY ENVIRONMENT REGARDLESS OF THEIR RACE, NATIONALITY, OR THEIR SOCIOECONOMIC STATUS.

OUR STUDY LOOKED AT THE SURFACE TEMPERATURE, SELF, UH, SUFFICIENCY INCOME, AND, UH, FOLIAGE COVER OF THE AREAS IN SAN DIEGO MAPPING SHOWS.

NATIONAL CITY IN PARTICULAR HAS THE LOWEST TREE CANOPY COVERAGE IN THE REGION.

AND THE MOST EXTREMITIES OF THESE DATA TREE PLANTING WITHIN PARKS AND A LONG STREETS IS A LOW COST EFFECTIVE YET, UH, EFFECTIVE METHOD TO IMPROVE THE HEALTH AND ECONOMIC OUTCOMES FOR THE RESIDENTS OF NATIONAL CITY.

I ENCOURAGE THE CITY TO LOOK AT MORE OPPORTUNITIES TO PARTNER WITH NONPROFITS SUCH AS GROUNDWORK, SAN DIEGO, FREE TREE, SAN DIEGO, AND CALIFORNIA RELIEF, ALONG WITH SUBMITTING APPLICATIONS FOR GRANT FUNDING LIKE CAL FIRE THAT WAS AWARDED TO NATIONAL CITY IN 2017.

THANK YOU.

OKAY.

THANK YOU.

SINO.

WE HAVE SINO AND WE HAVE DEMARS TO BE FOLLOWED BY MARIA L AND THEN MICHELLE.

HELLO, MY NAME IS DAMARI.

I'M A SAN DIEGO RESIDENT, UH, FOR DISTRICT TWO, AND I'M HERE TO OPPOSE THIS TEXAS BASED FUEL COMPANY.

OKAY.

I, I'M SORRY.

THAT'S AN AGENDA ITEM.

YOU'LL HAVE TO SPEAK TO THAT SPECIFICALLY.

THIS IS FOR THINGS THAT ARE NOT ON THE AGENDA.

NOT ON THE AGENDA.

YEAH.

SO I WILL CALL YOU BACK WHEN WE GET TO THAT ONE ON 10.2.

OKAY.

THANK YOU.

NOW THEN WE HAVE, UH, MARIA L ARE YOU MARIA? L THAT'S RIGHT.

MARIA, LISA L OKAY, THEN YOU GO AHEAD.

PORT MUR POWE'S COUNCIL MEMBER WAS ALSO CHARGED FOR DESTRUCTION AND REMOVAL OF PUBLIC PAPER, KNOWINGLY DESTROYING COMMUNICATIONS RELATING TO CITY BUSINESS THAT WERE SUBJECT TO DISCLOSURE UNDER THE CALIFORNIA PUBLIC RECORDS ACT, AND TOOK AFFIRMATIVE STEPS TO EVADE COMPLIANCE.

HE ALSO WAS UNDER PENALTY OF PERJURY, UN WILLFULLY, AND UNLAWFULLY STATED AS TRUE A MATERIAL MATTER, WHICH HE KNEW TO BE FALSE.

HE WAS, UH, CHARGED FOR PERJURY.

I'M TALKING ABOUT POWELL WAYS COUNSEL MEMBER, ONCE AGAIN, RON DOESN'T THAT HAVE A FAMILIAR RING? AS DR. KING SAID, NO LIE CAN LIVE FOREVER.

YOU SHALL REAP WHAT YOU SOW.

HOW LONG WILL IT TAKE BEFORE THE TRUTH COMES OUT? NOT LONG CITY MANAGER.

YOU NEED TO DO A DRUG TEST ON MARCUS BUSH.

HIS USAGE OF MARIJUANA, HIS GUMMIES, MEDICATION, AND ALCOHOL IS VISIBLY EVIDENT IN HIS EMOTIONAL OUTBURSTS.

I HAVE A VIDEO FROM THIS PREVIOUS, UH, SPECIAL MEETING.

HE'S UNSTABLE AND UNABLE TO PERFORM HIS PROFESSIONAL DUTIES.

LISTEN UP.

IT'S NO SECRET.

JOSIE FLORES CLARK CHASES MONEY.

LET'S NOT FORGET HER NEPHEW'S PROBATE MONEY.

SHE'S THE PRESIDENT AND CEO OF SAN DIEGO, HISPANIC CHAMBER OF COMMERCE, THE NATIONAL LATINA BUSINESS WOMEN ASSOCIATION OF SAN DIEGO, AND USA CONSULTING WHERE SHE'S THE ONE AND ONLY WITH THE BANK ACCOUNTS.

LARGE AMOUNTS OF GRANT MONEY WASN'T USED FOR ITS PURPOSE.

WHO ARE YOU REALLY SPONSORING? DON'T SAY I DIDN'T WARN YOU.

SO BEWARE, NATIONAL CITY CHAMBER OF COMMERCE, YOUR NEXT, THEY ARE SCOUTING YOU FOR SPONSORSHIPS, CAMPAIGN CONTRIBUTORS AND GRANT MONEY THAT WILL BE LOST.

I CAN FILL UP THIS ROOM WITH PEOPLE THAT JOSIE HAS ABUSED.

THANK YOU VERY MUCH AND ABUSED.

YOU'RE VERY WELCOME.

WE NEXT WE HAVE, UH,

[00:10:02]

LET'S SEE, WE HAVE MICHELLE OTHER OTHERWISE KNOWN AS MIKA POKO.

OKAY, GOOD EVENING EVERYBODY.

RON, AS LUISA WAS JUST SAYING, A UT ARTICLE CAME OUT OCTOBER 24TH, 2024, AND I GAVE, UH, THE CITY CLERK A COPY OF IT SO EVERYBODY CAN READ IT.

AND IF ANYBODY WANTS A COPY, I'D BE MORE THAN HAPPY TO, UH, GIVE YOU ONE IN THIS ARTICLE.

UH, COUNCIL MEMBER FROM POWAY BAIN WAS, UM, CHARGED WITH PERJURY COUNCIL MEMBER BAIN BEING A PERSON WHO TESTIFIED UNDER PENALTY OF PURCHASE PERJURY, WILLING, WILLING, WILL WILLFULLY AND UNLAWFULLY STATED AS TRUE A MATERIAL MATTER WHICH HE KNEW TO BE FALSE.

HE ALSO CH WAS CHARGED WITH DESTRUCTION OR REMOVAL, REMOVAL OF PUBLIC RECORD, NOT ABIDING WITH THE PUBLIC RECORDS LAW.

THIS IS UNLAWFUL AND EVERYBODY KNOWS IT.

COUNCIL MEMBER BAIN KNOWINGLY DESTROYED COMMUNICATIONS RELATING TO THE CITY BUSINESS THAT WERE SUBJECT TO DISCLOSURE UNDER THE CALIFORNIA PUBLIC RECORDS ACT, AND TOOK AFFIRMATIVE STEPS TO EVADE COMPLIANCE WITH THE ACT IN VIOLATION OF GOVERNMENT CODE SIXTY TWO HUNDRED AND SIXTY TWO OH ONE.

RON, DOESN'T THAT SEEM FAMILIAR? YOU LIED UNDER OATH, RON.

YOU CAN RUN, BUT YOU CANNOT HIDE FROM THE LAW SOONER THAN YOU THINK.

YOU, YOU AND YOUR APOSTLES AND YOUR ASSISTANT ARE GOING TO BE IN THE SAME PLACE AS BLAINE.

IT IS JUST A MATTER OF TIME BEFORE THIS HAPPENS.

I HAVE HERE THE REDACTED, UH, PRAS THAT WE RECEIVED ON ALL THE PAST CITY MANAGERS, CELL PHONE BILLS.

THEY REDACTED EVERY SINGLE PHONE NUMBER.

NOW, HOW TRANS, HOW TRANSPARENT IS THAT? EVERY SINGLE PHONE NUMBER IS REDACTED NOW THAT IT'S SO UNLAWFUL AND SO DISHONEST.

THANK YOU.

AND, AND JUST FOR THE RECORD, MY NAME IS NOT COUNCILMAN BAES FROM POWAY, AND THERE IS NO, THERE IS NO CONNECTION WITH HIM.

NOW, THEN NEXT WEEK, WE NOW GO, GO TO ANITA BRINKLEY TO BE FOLLOWED BY CESAR JAVIER, TO BE FOLLOWED BY EDWARD NIETO.

WE HAVE ANITA BRINKLEY, FOLLOWED BY C JAVIER, AND LET ME SEE.

OH, AND THEN .

OKAY, I, OKAY, I SEE IT THERE.

OKAY.

PLEASE GO AHEAD.

UM, UH, MY NAME'S ANITA BRINKLEY.

I LIVE ON AT 9 34 A AVENUE BRICK ROAD.

AND I'M HERE TO SPEAK ABOUT, UM, THE ISSUE OF THE STREET CLEANING, UM, UH, LIVING THERE, I'VE NOTICED THAT THE EAST SIDE OF THE STREET WHERE THE MUSEUM IS, IS ALWAYS CLEAN.

UH, THERE'S SOMEONE THERE EVERY ONCE A MONTH AT LEAST, TO BLOW THE LEAVES AWAY, UM, AND HAVE IT SPIFFY CLEAN.

BUT EVERYTHING GOES TO THE EAST SIDE WHERE WE ALL LIVE, AND IT'S REALLY GETTING FILTHY OUT THERE.

AND THE LEAVES ARE, YOU KNOW, YOU STEP OUTTA YOUR CAR AND YOU SLIP, YOU KNOW, BECAUSE YOU STEP ON DEBRIS AND TRASH LEAVES.

UM, AND I'M HOPING THAT, YOU KNOW, UH, A STREET SWEEPER COULD COME BY BECAUSE, UM, YOU CAN PUT UP SIGNS TO SAY WHAT DAY YOU'RE GONNA COME OUT AND SWEEP.

MM-HMM .

JUST LIKE, UH, WHEN THEY COME TO DO TREE TRIMMING.

AND, UM, AND, AND IT'S REALLY FRUSTRATING BECAUSE I'M, I'M SORRY TO BE SO FRUSTRATED, BUT I'M FRUSTRATED ALREADY BECAUSE OF MY UNIT THAT I LIVE IN IS JUST REALLY, REALLY IN BAD SHAPE.

I'VE LIVED THERE FOR 13 YEARS AND, UM, I PAY MY RENT EVERY MONTH TO MIKA POLANCO, WHO'S THE OWNER OF LLC AM BRICK ROW.

AND I CANNOT GET ANYTHING FIXED THERE.

I HAVE FIVE BROKEN WINDOWS.

I HAVE, UM, ELECTRICAL OUTLETS THAT ARE NOT WORKING.

MY DAUGHTER FIXED THE LIGHT SWITCH ON HER OWN AND THE WALL, BECAUSE EVERY TIME I CALL, IT'S ALWAYS NEGLIGENT.

IT'S, UM, NO ATTENTION TO MY REQUEST TO FIX CERTAIN THINGS.

SO I'M JUST FRUSTRATED.

SO I JUST WANNA GIVE YOU A, A LITTLE REASON AS TO WHY I'M SO FRUSTRATED AND HOPE THAT, YOU KNOW, THE CITY WILL NOT, WILL NOT CONTINUE BECAUSE I HAVE CALLED STEVE IN PUBLIC WORKS WITH NO RESPONSE TO THIS ISSUE, AND IT'S, THE TRASH IS JUST LIKE PILING UP THERE.

OKAY? UM, BUT, UH, AGAIN,

[00:15:01]

THAT'S WHY I'M SO FRUSTRATED BECAUSE I HAVE A DOUBLE WHAMMY WITH MY LANDLORDS THAT, UM, CONTINUE TO IGNORE THE ISSUES AND THE REQUEST TO FIX.

OKAY.

THANK YOU VERY MUCH.

OKAY, THANK YOU.

NEXT WE HAVE CESAR, UM, JAVIER PLUS HIS LOVELY BRIDE AND CITY MANAGER.

CAN YOU PLEASE HAVE STAFF FOLLOW UP ABOUT THOSE ISSUES? YEAH.

MAY I HAVE, UH, MY WIFE FIRST, SIR? SURE.

RULE 11 EXEMPTIONS FROM RULE 10.

UH, PERMIT REQUIREMENTS.

YES.

NUMBER ONE, MOBILE SOURCES.

NUMBER TWO, COMBUSTION AND HEAT TRANSFER EQUIPMENT.

NUMBER THREE, STRUCTURES AND STRUCTURAL MODIFICATION.

NUMBER FOUR, LABORATORY EQUIPMENT AND RELATED OPERATIONS.

NUMBER FIVE, REPLACEMENT OF EQUIPMENT.

NUMBER SIX, PLAN SUPPORT EQUIPMENT.

NUMBER SEVEN, METALLURGICAL PROCESSING EQUIPMENT.

AND THAT'S GENERAL NUMBER EIGHT.

METEOROLOGICAL CLASS AND CERAMIC PROCESSING EQUIPMENT USING FURNACES, KS AND OVENS.

NUMBER 12.

NUMBER 13, NOWING EQUIPMENT PRINTING AND REPRODUCTION EQUIPMENT.

NUMBER 14, FOOD PROCESSING AND FOOD PREPARATION EQUIPMENT.

NUMBER 15, PLASTIC FOAM RUBBER PROCESSING EQUIPMENT AND OPERATIONS.

NUMBER 15, NUMBER 16.

NOW MIXING, BLENDING, AND PACKAGING EQUIPMENT.

OKAY, THANK YOU.

OKAY, THANK YOU.

NEXT, UH, WE'LL HAVE SESAR, AND THEN AFTER THAT, EDWARD NETTO TO BE FOLLOWED BY ALICIA MORRISON.

THANK YOU, SIR.

WE ARE CLASSMATE AT SANDAG, INCLUDING COUNCILOR MOLINA.

WE ARE ALSO CLASSMATE WITH, UH, THE AIR POLLUTION GOVERNING BOARD CHAIR AND MA MOLINA.

WE KNOW EACH OTHER WHEN WE SPEAK HERE.

WE SPEAK OF THE TRUTH AND WE BASE IT FROM OUR CONSTITUTION.

THE ENVIRONMENTAL PROTEST OUTSIDE IS TRUE AND REAL SURVIVAL OF MANKIND IS CLEAN AIR, CLEAN WATER ATTORNEY, CLEAN FOOD, CLEAN AND SAFE COMMUNITY.

I THINK THAT'S THE TOTALITY.

IT'S ALL HERE ARE OUR ELECTED OFFICIAL AIMING TO SOLVE THE ISSUE DAY BY DAY FOR FIVE YEARS.

SIR, WE HAVE NOT AT THE LOCAL AUTHORITIES ABOUT AIR POLLUTION IN OUR COMMUNITY.

THIS IS A LESSON FOR NATIONAL CITY RESIDENTS.

FELLOW SAN DIEGOS, OUR CHAIR HERE, WHO VOLUNTEERED AS CHAIR OF THE AIR POLLUTION CONTROL DISTRICT IS FAILING.

PARDON ME, BUT THAT'S THE TRUTH.

IT LOOKS LIKE AIR POLLUTION CONTROL DISTRICT, AS FAR AS EIR, ENVIRONMENTAL IMPACT REPORT IS THE KEY TO ALL PROJECTS, PHYSICAL, WHATEVER WITHOUT IT, PROJECTS WILL GO OR NO GO.

AND THIS IS CONTROLLED BY THE ACTOR MAYOR GLORIA.

HE LOOKS LIKE HE OWNS THE AIR POLLUTION CONTROL DISTRICT WITH THE COMPANY OF OUR BELOVED DISTRICT.

WHATEVER HERE, MR. BUSH, PLEASE HELP US.

THIS IS NOT PERSONAL AT THAT.

IF YOU ARE NOT CAPABLE, STEP DOWN AND LET OTHERS DO THE JOB.

DO THE JOB.

OKAY.

THANK YOU.

THANK YOU, SIR.

NEXT WE HAVE EDWARD NIETO TO BE FOLLOWED BY ALICIA MORRISON, TO BE FOLLOWED BY MARGARET GOTCHU.

[00:20:05]

GOOD AFTERNOON OR EVENING.

I, UM, HERE TALK ABOUT THE THING.

I ALWAYS TALK ABOUT THE FINANCIAL INFORMATION.

AND AGAIN, YOU KNOW, WE'RE APPROVING THESE SALARY INCREASES SINCE THE YEAR END.

AND YOU KNOW, IT'S, I DON'T THINK YOU TALK ABOUT ENOUGH ABOUT IT.

YOU KNOW, ACCORDING TO THE UNASSIGNED FUND BALANCE AT THE YEAR END, YOU HAD, UH, ROUGHLY, UH, WHAT ABOUT, UM, $12 MILLION, ACTUALLY 8.1 FROM THE RESERVE AND THEN ANOTHER $4 MILLION EXCESS.

AND YOU HAVEN'T MADE A DECISION WHERE YOU'RE GONNA APPLY THAT FOUR $8.8 MILLION IF YOU COMBINE THE TWO.

THAT'S $12 MILLION.

AND MY CONCERN IS THIS, THAT'S $12 MILLION LEFT.

WHEN YOU TAKE ABOUT, WHEN YOU TAKE ABOUT YOUR, THINK ABOUT ALL THE THINGS THAT YOU'VE TALKED ABOUT LESS, THE 6.8 OF UNDERFUNDED FUND BALANCES.

THE, THE ALL THE COMBINED TOTAL OF ALL YOUR, UM, SALARY INCREASES.

THERE'S ONLY LIKE $2.1 MILLION LEFT.

AND I DON'T THINK YOU TALK ABOUT ENOUGH ABOUT THAT.

THAT'S ALL THE CITY HAS.

YOU KNOW, SOMEHOW I THINK PEOPLE LOOK AT THIS, BUT I DON'T THINK YOU'RE UN QUITE UNDERSTANDING, OR I THINK BRUCE IS A GREAT, UH, IF I ASKED MANAGER, I THINK HE LAID IT OUT.

I HAVE TO ASK HIM A COUPLE QUESTIONS OF WHAT IT MEANT.

BUT THAT'S WHERE WE STAND.

AND I DON'T THINK IT'S REALLY SUNK INTO YOUR HEADS OF WHAT THE CONSEQUENCES ARE OF THAT MEANS.

SO WE'RE IN DIRE STRAITS.

THE OTHER PART I WANT TO SAY WAS, UH, LAST TIME I CAME HERE I ASKED ABOUT THE FEMA REIMBURSEMENT, AND I THOUGHT THE ANSWER WAS INCOMPLETE FROM WALTER.

WHAT IS IT THAT WE'VE LOST IN COMPLETING OUR COSTS FROM, UH, OUR FLOOD CATASTROPHE? WHAT IS THE LOSS? WE GOT MONEY BACK, WE PUT, UH, COST INTO THE CLAIMS, BUT WHAT HAVE WE ACTUALLY LOST? AND, UM, THE THING IS THAT, YOU KNOW, I THINK OUR EXPENDITURES ARE OVERSTATED IN, IN ONE YEAR, AND OUR REVENUE IS UNDERSTATED.

AND THEN THE SUBSEQUENT YEAR REVENUES ARE OVERSTATED AND, UH, EXPENSES OTHER WAY.

THANK YOU VERY MUCH.

OKAY.

ALICIA MORRISON TO BE FOLLOWED BY MARGARET GODSHAW AND MR. NIETO FOLLOWED.

SORRY, WE, WE DO HAVE A BUDGET UPDATE COMING UP JUST FYI FOR, AND THEN, UH, BE FOLLOWED BY ALEXANDER GUT.

OKAY.

UM, MAY 2ND.

I SUBMITTED PRAS TO FOUR DIFFERENT AGENCIES OTHER THAN NATIONAL CITY.

OKAY.

I GET, AND IT'S THE SAME PRA REQUEST TO EACH AGENCY ACROSS THE BOARD.

NOTHING CHANGED, ALL ON THE SAME DAY.

THIS IS A STACK OF EMAILS AND INFORMATION I RECEIVE.

AND I'D LIKE TO JUST POINT OUT ONE SENTENCE FROM THIS, UH, PRA FROM AN EMAIL THAT WAS DATED JANUARY 15TH, 2020.

I KNOW CITY OF NATIONAL CITY IS ANXIOUS TO GET THIS GOING, SO THE SOONER THE BETTER.

I GET RESPONSES FROM THE OTHER AGENCIES EXCEPT FOR NATIONAL CITY.

SO THAT TELLS ME WHAT IS IT THAT THIS CITY DOES NOT WANT ME TO KNOW? AND THE PLANNING DEPARTMENT, THE FIRE DEPARTMENT, AND THE INFORMATION TECHNOLOGY HAD BEEN REMOVED FROM MY PRA REQUEST, AND IT'S ALL, UH, REFERRED TO THE CITY ATTORNEY.

SO IT MAKES ME QUESTION, WHAT ARE YOU HIDING WHO WILL BE EXPOSED IN THE PRAS? BECAUSE THE LACK OF TRANSPARENCY MAKES ME WONDER IS SOMEONE BROKERING SOME DEALS? ALRIGHT, IN THE STATEMENT THAT ONE OF YOUR STAFF MEMBERS, YOUR ACTING CITY MANAGER ON OCTOBER 7TH EXPRESSED, UM, HIS PLEASURE WITH THE PLANNING DEPARTMENT.

NOVEMBER 18TH, WE CAME TO ASK THE PLANNING DEPARTMENT A QUESTION AND THEY SAID, OH, THAT ITEM'S BEEN PULLED TONIGHT.

AND IT'S RESCHEDULED FOR DECEMBER 3RD, THE DATE OF THE CITY COUNCIL MEETING COMPLETELY OVERRIDING.

DECEMBER 2ND, THE DATE OF THE PLANNING COMMISSION MEETING.

THANK YOU.

OKAY.

MARGARET JACQUE COJACK, FOLLOWED BY ALEXANDER GUT, FOLLOWED BY DANIEL KIM.

GOOD EVENING.

I'M MARGARET AVALOS KOCK, THE BOARD PRESIDENT OF ENVIRONMENTAL HEALTH COALITION.

I'M HERE TODAY TO ADDRESS A FALSE CLAIMS MAYOR MORRISON HAS MADE ABOUT E EIGHT C AT THE OCTOBER 7TH COUNCIL MEETING.

TO BE CLEAR, THESE LIES ARE

[00:25:01]

DISTRACTION FROM THE REAL PROBLEM, WHICH IS INDUSTRY LIKE USD GROUP, LLC, COMING TO POLLUTE OUR NEIGHBORHOOD WHILE THEY MAKE MILLIONS.

EHC IS NOT BEING PAID BY ANY COMPANY TO PROMOTE THEIR PROJECT.

ANYONE WHO SAYS OTHERWISE IS LYING.

LAST YEAR, THE PORT WAS AWARDED NEARLY $59 MILLION FOR ITS CLEAN CARGO PROJECT FROM THE US ENVIRONMENTAL PROTECTION AGENCY TO ELECTRIFY THE PORT, WHICH EHC HAS ADVOCATED FOR DECADES.

AS A SUB-GRANTEE, EHC WILL RECEIVE A $100,000 EACH YEAR FOR THE NEXT FOUR YEARS FROM THE EPA TO HOLD PUBLIC WORKSHOPS AND TO ENSURE PORT SIDE RESIDENTS HAVE A SEAT AT THE TABLE, EHC REMAINS AN INDEPENDENT ORGANIZATION.

IF THERE'S EVER A PROJECT AT THE PORT THAT WENT AGAINST OUR VALUES, WE'D BE THE FIRST TO SOUND THE ALARM.

IN THE MID TWO THOUSANDS, DOLE WAS RUNNING AN ILLEGAL WAREHOUSE ON MAIN STREET IN MARIO LOGAN IN FRONT OF HOMES BLOCKING THE STREET.

THIS LED TO A FIRETRUCK NOT BEING ABLE TO RESPOND TO A FIRE EHC.

AND THE COMMUNITY FOUGHT TO CLOSE IT DOWN AND WON DOLE AND THE PORT RENEGOTIATED THEIR LEASE AND MOVED THE DISTRIBUTION CENTER TO THE NATIONAL CITY OF MARINE TERMINAL.

ALL THE DOLE PRODUCE STILL COMES INTO THE 10TH AVENUE TERMINAL IN BARRIO LOGAN.

THAT IS ABOUT 4,000 TRUCKS A MONTH.

ABOUT A QUARTER IS TRANSPORTED TO THE NATIONAL CITY TERMINAL FOR DISTRIBUTION.

BARRIO LOGAN STILL HAS 75% OF THE TRUCK AND ALL OF THE SHIP TRAFFIC, BOTH NATIONAL CITY AND BARRIO LOGAN, SUFFER FROM DISCRIMINATORY LAND USE THAT PUTS POLLUTION NEXT TO HOMES IN SCHOOLS.

WE SHOULD NOT BE PITTING TWO COMMUNITIES AGAINST EACH OTHER.

THIS IS AN ATTEMPT TO DISTRACT RESIDENTS FROM HOW BAD USGS PROPOSAL IS AND HOW HARMFUL IT WILL BE TO THEIR HEALTH.

BUT THANK GOODNESS NATIONAL CITY'S RESIDENTS ARE SMARTER THAN THAT.

THANK YOU.

THANK YOU.

NEXT WE HAVE ALEXANDER GURU TO BE FOLLOWED BY DANIEL KIM TO BE FOLLOWED BY JAKE.

I'M NOT GONNA TRY THE LAST NAME.

JAKE.

WE'LL GO WITH THAT ONE.

GOOD EVENING, MAYOR MORRISON AND YOUR ASSISTANT.

WE HOPE YOU'RE PAYING CLOSE ATTENTION TO THE CASE PEOPLE.

V ANTHONY BLAINE.

ON OCTOBER 24TH, THE UNION TRIBUNE REPORTED THAT THE SAN DIEGO COUNTY DISTRICT ATTORNEY'S OFFICE FILED CRIMINAL CHARGES FRIDAY AGAINST POWAY CITY COUNCIL MEMBER ANTHONY BLAINE.

BLAINE WAS CHARGED AMONG OTHER THINGS WITH FELONY COUNTS OF PERJURY AND THE REMOVAL OF PUBLIC RECORDS.

BLAINE WAS CHARGED WITH VIOLATING GOVERNMENT CODE 6 2 0 0 6 2 0 1, WHICH PROHIBITS WILLFULLY REMOVING, DESTROYING, OR CONCEALING PUBLIC RECORDS.

MAYOR, DOES THAT SOUND FAMILIAR? AND MS. CLARK, I KNOW YOU'RE LISTENING.

DOES THAT SOUND FAMILIAR TO YOU TOO? BLAINE WAS ALSO CHARGED WITH VIOLATING PENAL CODE SECTION ONE 18 A AND THAT PROHIBITS WILLFULLY AND UNLAWFULLY STATING AS TRUE A MATERIAL MATTER WHICH HE KNEW TO BE FALSE.

AND MAYOR, IN THIS CASE, YOU FALSELY TESTIFIED THAT YOUR MESSAGES WERE STORED ON THE CITY COMPUTER SYSTEM.

YOU SAID THEY HAVE ALL THAT.

HOWEVER, WHEN ASKED IF THE MAYOR'S TEXT MESSAGES WERE STORED ON THE CITY'S SERVER, IT DEPARTMENT HEAD, RON WILLIAMS TESTIFIED NO.

WITH ALL OF THIS SIMILAR DISGUSTING BEHAVIOR, IT SHOULD BE YOUR NAME IN THE PAPER NEXT.

THANK YOU.

OKAY.

AND I'M GONNA RESPOND REAL QUICKLY.

UH, YOUR GROUP DID POST THAT ARTICLE OUT OF THE UT DEALING WITH A COUNCIL MEMBER IN POWAY AND MADE THE IMPLICATION THAT SOMEHOW INVOLVED ME, WHICH HAS NO INVOLVEMENT.

I ALSO PUT AN ARTICLE UNDERNEATH THAT FROM THE LA TIMES THAT TALKED ABOUT A CORRUPTION IN A CEMETERY.

AND THE SCANDAL INVOLVED THAT, AND I SAID, THAT PROBABLY DOESN'T INVOLVE LA VISTA CEMETERY, BUT IF YOU'RE GONNA TIE ONE TOGETHER, YOU MIGHT AS WELL TIE THE OTHER ONE.

THANK YOU.

DANIEL KIM, FOLLOWED BY JAKE, BE FOLLOWED BY BRIAN GONZALEZ.

HELLO AGAIN, HONORABLE MAYOR COUNCIL MEMBERS, UH, APOLOGIES FOR NOT SPEAKING RIGHT AFTER MS. POLANCO, BUT WE THOUGHT YOU'D APPRECIATE THE CHANGE OF PACE ANYWAYS.

SHE'S ALREADY DRAWN MANY PARALLELS BETWEEN THE COUNCIL MEMBER AND POWAY AND THE PHONE RECORDS MS. POLANCO HAS BEEN SEEKING FROM THE MAYOR AND HIS ASSISTANT.

THE POINT OF THE UT SAN DIEGO ARTICLE IS TO MAKE THE COMPARISONS TO DRAW, IT'S TO DRAW PARALLELS.

IT'S NOT TO EQUATE YOU WITH THE OTHER PERSON, ALTHOUGH THEY ARE EERILY SIMILAR, WHICH IS THE

[00:30:01]

POINT, RIGHT? MS. POLANCO'S WAITED OVER SIX MONTHS FOR THE PUBLIC RECORDS.

SHE SEEKS OVER SIX MONTHS FOR YOUR PHONE RECORDS.

IT'S BEEN SO LONG, SHE'S HAD A FILE LAWSUIT JUST TO GET THEM.

AND WHEN THE MAYOR WAS QUESTIONED ABOUT THESE MISSING RECORDS UNDER PENALTY OF PERJURY, BY THE WAY SHE LEARNED, THE MAYOR NEVER TURNED THEM OVER TO BEGIN WITH.

WHEN ASKED WHY HE DIDN'T TURN THEM OVER, HE BLAMED THE IT DEPARTMENT.

SUPPOSEDLY THEY TOLD HIM HIS PHONE RECORDS WERE BEING SAVED TO A SERVER SOMEWHERE, BUT WHEN THE CITY'S IT DEPARTMENT WAS QUESTIONED, THEY HAD NO IDEA WHAT THE MAYOR WAS TALKING ABOUT.

THERE WAS NO SERVER, THERE WAS NO PHONE RECORDS BEING SAVED SOMEWHERE ELSE.

SO WHERE ARE THEY? IT DOESN'T TAKE A GENIUS TO FIGURE OUT THAT SOMETHING'S AMISS, EITHER THEY'VE BEEN DESTROYED OR REMOVED.

AND IT APPEARS THE MAYOR HAS LIED ABOUT THAT FACT UNDER PENALTY OF PERJURY.

SO ALL WE CAN DO IS HOPE THE MAYOR WILL DO THE RIGHT THING AND JUST TURN THE PHONE RECORDS OVER.

BUT IF NOT, SOMETHING WILL HAVE TO GIVE.

IT DIDN'T POWAY AND IT MIGHT HAVE TO HERE.

THANK YOU.

OKAY.

ALL PHONE RECORDS HAVE BEEN TURNED OVER.

THANK YOU VERY MUCH.

GOOD EVENING.

I WASN'T PLANNING TO TALK DURING PUBLIC COMMENT, BUT I WAS SITTING BACK THERE AND I JUST WANTED TO GET UP REAL QUICK, UM, AND JUST EXPRESS THAT I, I REALLY APPRECIATE ALL OF YOU FOR YOUR PUBLIC SERVICE.

I KNOW, ESPECIALLY THE COUNCIL MEMBERS, IT'S PART-TIME WORK, BUT I'M SURE YOU ACTUALLY PUT IN FULL-TIME HOURS, SO I REALLY APPRECIATE THAT.

I MIGHT DISAGREE WITH HOW YOU VOTE ON THINGS TONIGHT OR IN THE FUTURE, BUT AT THE END OF THE DAY, I, I APPRECIATE THAT YOU COME HERE, YOU DO THE WORK AND YOU REPRESENT OUR COMMUNITY.

SO I JUST WANTED TO THROW THAT OUT THERE AND I KNOW IT'S A TOUGH JOB, SO I APPRECIATE THAT YOU COME HERE, UM, TWICE, A TWICE A MONTH TO, UH, HEAR FROM EVERYBODY.

SO THANK YOU.

NO, THANK YOU JAKE.

UH, BRIAN GONZALEZ TO BE FOLLOWED BY TIVO TO BE FOLLOWED BY GUILLERMO.

GO AHEAD.

GOOD AFTERNOON, EVERYONE.

MY NAME IS BRIAN GONZALEZ.

I'M BOTH A RESIDENT OF NATIONAL CITY AND A SOCIOLOGY STUDENT AT SAN DIEGO STATE UNIVERSITY, WORKING WITH A SAGE PROJECT IN PARTNERSHIP WITH THE NATIONAL CITY EMERGENCIES MANAGEMENT DEPARTMENT.

THE SAGE PROJECT IS DESIGNED TO ENGAGE STUDENTS IN COMMUNITY-BASED RESEARCH THAT IMPROVES QUALITY OF LIFE AND LINKS UNIVERSITY EXPER EXPERTISE WITH LOCAL PARTNERS NEEDS.

RIGHT NOW, MY TEAM IS CONDUCTING A SHORT SURVEY TO LEARN HOW RESIDENTS PREPARE FOR AND UNDERSTAND EARTHQUAKE RISKS.

THE GOAL IS SIMPLE TO STRENGTHEN NATIONAL CITY'S READINESS AND RESILIENCE IN THE FACE OF NATURAL DISASTERS.

I'M INVITING EVERYONE HERE TONIGHT AND THOSE WATCHING ONLINE TO TAKE US FEW MINUTES TO FILL OUT THE SURVEY AND HELP SPREAD THE WORD TO NEIGHBORS, FRIENDS AND FAMILIES.

LO UH, FAMILY MEMBERS LOCATED NATIONAL CITY.

THE MORE VOICES WE HEAR, THE BETTER WE CAN SUPPORT THE SAFETY AND PREPAREDNESS OF OUR COMMUNITY.

I HAVE A FEW FLYERS WITH, UH, THE QR CODE TO THE SURVEY FOR, UH, FOR PEOPLE ONLINE.

I DON'T KNOW HOW TO DELIVER THE SURVEY TO YOU, BUT I'LL BE UPLOADING THE SURVEY TONIGHT TO EVERYONE'S FAMOUS, UH, FAVORITE ONLINE SOCIAL MEDIA GROUP, NATIONAL CITY NEIGHBORHOOD WATCH.

AND I LOVE NATIONAL CITY, UH, FACEBOOK GROUPS.

UH, IF I DON'T GET A CHANCE TO GET AHOLD OF THE, UH, IF YOU DON'T GET A CHANCE TO GET A HOLD OF THE SURVEY, I'LL, I'LL BE COMING, UH, TO THE NEXT CITY COUNCIL MEETING AND, UH, SPREADING EVERYWHERE I, I CAN GO.

THANK YOU GUYS.

THANK YOU, BRIAN.

SO WE HAVE FINO FOLLOWED BY ERMO AND GARCIA.

IS THERE FINO? OKAY, FINO NEXT.

AND THEN, YEAH, THAT WAS THE SECOND TIME I CALLED SMO.

UH, SO THEREFORE, GUILLERMO, I CAN HEAR ONE.

PLEASE COME RIGHT UP.

THANK YOU SO MUCH.

UH, SORRY.

IT'S KIND OF WEIRD TO HEARING MYSELF ON THE MIC.

UM, THE REASON I'M HERE IS, UH, JUST TO SAY THANK YOU NOT TO REALLY COMPLAIN IF TO SAY THANK YOU TO THE FIRST RESPONDERS NATIONAL CITY POLICE DEPARTMENT, AND, UH, THE FIRE DEPARTMENT HERE IN NATIONAL CITY.

I LIVE ON ROLAND STREET.

I AM A NATIONAL CITY RESIDENT, SHAI ALUMNI AND, UH, US ARMY VET.

AND OH, YOU VETERAN.

OH MY GOSH.

UM, EXCUSE ME.

I'VE SERVED IN IRAQ PROUDLY, AND, UH, I STRUGGLED WITH PTSD.

FIRST OFF, I WANT TO SAY, UH, THANK YOU TO THE VICE MAYOR FOR HELPING ME WHEN I HAD SUICIDAL IDEATION.

I, I APPRECIATE YOU, BUT, UH, TO GIVE RECOGNITION, EXCUSE ME, TO GIVE RECOGNITION TO THE OFFICERS.

THERE'S CERTAIN OFFICERS THAT, UH, WENT ABOVE AND BEYOND.

EVERY TIME THEY SHOW UP TO MY HOUSE, ONE OF THEM IS HERE.

I WOULD LIKE TO RECOGNIZE OFFICER GAN, OFFICER FEMALE SOTO.

AND, UH, OFFICER TAO, I BELIEVE, I'M SORRY IF I SAID HIS NAME WRONG, BUT I TRULY BELIEVE THEY ARE READY FOR LEADERSHIP POSITIONS.

SO WHENEVER THE CHIEF'S READY, UH, THE TREMENDOUS PROFESSIONALS, THEY SHOWED FROM A CRAZY GUY LIKE ME, YOU KNOW, I'M SUFFERING FROM BAD PT.

I'M A HUNDRED PERCENT ALONE FOR PTSD.

THAT'S THAT.

I WAS A MACHINE GUNNER IN IRAQ.

SO, UM, OFFICER BAR GOT MAN OUTSTANDING OFFICER, UH, FEMALE SOTO, UH, THE FEMALE OFFICER SOTO, OUTSTANDING AS WELL.

I THINK THEY'RE READY FOR, UH, LEADERSHIP POSITIONS.

AND I SEEN OFFICER TA LEAVE THE COURTHOUSE, UH, THE OTHER DAY JUST BEING A TRUE PROFESSIONAL.

UH, THOSE THREE OFFICERS, I COULD DEFINITELY SAY READY FOR, UH, CORPORAL SERGEANT POSITIONS, UH, READY TO MOVE THE LADDER AND ANY TYPE OF SPECIAL DUTIES.

AND AGAIN, TO THE FIREFIGHTERS THAT SHOWED UP TO MY HOUSE AND THE PARAMEDICS, AGAIN, THANK YOU SO MUCH FOR HELPING THIS OIF VETERAN OUT.

AND, UH,

[00:35:01]

PLEASE, PLEASE, PLEASE, FROM THE BOTTOM OF MY HEART, NEVER FORGET SERGEANT JEAN BRANDIS FROM NEW JERSEY.

THANK YOU.

ALRIGHT, THANK YOU.

THANK YOU FOR SERVICE.

AND, UH, UPON THAT I GET, SINCE YOU DID MENTION, UH, THIS SATURDAY, IT IS OUR, UH, VETERAN'S DAY PARADE AND ACTIVITIES IN THE PARK.

HOPEFULLY YOU'LL BE THERE.

AND THAT STARTS AT, UH, 10 O'CLOCK SATURDAY MORNING.

AND, AND AGAIN, HONOR IN AFFIRM YOU.

THANK YOU FOR WHATEVER YOU HAVING ON YOUR TABLE.

THAT WHAT DAY.

OKAY, , THAT WAS WEIRD.

THANK YOU.

BUT, UH, BUT AS I SAY, YEAH, SO THAT'S, THAT'S COMING UP THIS, THIS SATURDAY.

YES, SIR.

BECAUSE WE, WE DO WANT TO, WE DO WANNA CELEBRATE OUR, UH, VETERANS.

AND THAT'S BEING PUT ON BY THE, UH, BY THE CHAMBER.

UH, THAT IS ALL OF OUR PUBLIC COMMENTS.

SMO, I'LL CALL HIM ONE MORE TIME.

NO, I DON'T HAVE ONE FOR YOU, BUT YOU, TED, COME ON UP.

I DON'T HAVE A SPEAKER FOR YOU.

SLIP ONE OF THEM.

THANK YOU COUNSELORS.

TED GOTCHU HERE.

UH, FIRST OF ALL, THANK YOU FOR MOVING UP.

ITEM 10.2, THE USD FUELS ITEM.

THERE ARE MANY PEOPLE HERE TONIGHT, LIKE LAST TIME, THEY ARE FORCED TO STAND FOR MOST OF THE MEETING.

THEY ARE SENIORS AND YOUNG PEOPLE AS WELL.

UM, A COUPLE MONTHS AGO, I GAVE YOU A LETTER, MR. MAYOR FROM, I BELIEVE THE CONGRESSMAN AND I GAVE YOU ONE AS WELL FROM OUR NEIGHBORHOOD COUNCIL.

THE DIRECTION WAS, LET'S LOOK AT THE NOISE OF THE BNSF TRAIN THAT WE CAN HEAR NIGHTLY EVERY NIGHT.

THIS IS BNSF, BUT WE DON'T WANT TO HISS AT THEM QUITE YET.

, UH, BUT THE TRAIN NOISE IS EXCESSIVE.

I TOOK IT TO THE CONGRESSMAN WHO TOOK IT TO THE DEPARTMENT OF TRANSPORTATION.

WE GOT THE ANSWER BACK.

I GAVE YOU THE LETTER AND I WAS WONDERING IF YOU DID ANYTHING WITH IT.

YOU PASSED THAT ON TO STAFF AND NO TO YOU IN HAND IN AN ENVELOPE, AS WELL AS MY DISTRICT COUNCIL.

SO IT'S BEEN PASSED ON TO STAFF.

I'D HAVE TO DOUBLE CHECK TO SEE WHERE IT'S, WHERE IT'S GONE FROM THERE.

AND, UH, BUT I WILL, I WILL DOUBLE CHECK ON THAT.

SO IT TAKES CITY STAFF AND LEADERSHIP TO PURSUE A QUIET ZONE AS THEY HAVE DOWNTOWN IN SAN DIEGO.

WE KNOW THE RAILROAD IS GOING TO TRY TO INTENSIFY ITS USE.

THE RAILROADS ARE TRYING TO GATHER OR TAKE BACK THE TRUCKER'S WORK THAT ALL OVER THE NATION.

THEY'RE TRYING TO INTENSIFY THE WORK BY TAKING AWAY SHIPPING THAT TRUCKS DO AND NATIONAL CITY BEING, UH, SERVED BY RAIL.

WE NEED YOUR HELP.

THANK YOU.

OKAY, I'M TOLD THAT F UH, FINO IS HERE NOW.

OKAY.

SO YOU CAN PLEASE COME ON UP, TONY BLA SIX TWO OH OH.

E 6 2 0 1.

THANK YOU.

WE HAVE TRANSLATION PLEASE.

LUISA.

OCTOBER 24TH.

UNION TRIBUNE REPORTED THAT THE, UH, UH, ATTORNEY'S OFFICE PRESENTED CRIMINAL CHARGES ON FRIDAY AGAINST THE, UH, COUNSEL MEMBER MR. BLAINE.

AND AMONG OTHER CHARGES

[00:40:01]

HE WAS CHARGED WITH PERJURY BLAME WAS ACCUSED OF VIOLATING THE GOVERNMENT CODE SIX TWO OH OH AND 6 2 0 1, WHICH PROHIBITS REMOVE OR THIS REMOVING OR DESTROYING RECORDS.

MAY, DOES THIS SOUND FAMILIAR? MS. CLARK? I KNOW THAT YOU ARE LISTENING.

DOES THIS SOUND FAMILIAR TO YOU TOO? BLAINE WAS ACCUSED OF VIOLATING PENAL CODE SECTION 118 A, WHICH PROHIBITS DECLARING, DELIBERATING, UH, ILLEGALLY AS TRUE, UH, AN IMPORTANT ISSUE, ISSUE THAT HE KNEW IT WAS FALSE.

MAYOR, DOES THIS ALSO SOUND FAMILIAR TO YOU? MS. CLARK? I KNOW THAT YOU ARE LISTENING.

IS THIS ALSO FAMILIAR TO YOU? THANK YOU.

THANK YOU VERY MUCH.

THANK YOU.

THANK YOU VERY MUCH.

AND SINCE THAT WAS A REPEAT OF A STATEMENT EARLIER, I'LL REPEAT MINE.

I AM NOT TONY BLAINE.

TO THE BEST OF MY KNOWLEDGE.

I'VE NEVER MET THE INDIVIDUAL.

SO THANK YOU.

NOW THEN, UH, THAT IS ALL OF OUR SPEAKERS AND WE HIT IT.

MAYOR, WE DO HAVE, UH, SPEAKERS ON ZOOM.

HOWEVER, WE HAVE EXCEEDED OUR 30 MINUTE, UM, ALLOCATED TIME FOR OUR PUBLIC COMMENT.

WOULD YOU LIKE TO TAKE THOSE TO THE END OF THE MEETING? WE WILL TAKE THOSE ENDS.

'CAUSE WE JUST HIT, JUST WENT PAST THE 30 MINUTES.

YES, WE DID.

THANK YOU.

UH, SO THOSE WILL COME AT THE END OF THE, UH, THE AGENDA.

UH, NEXT WE GET

[6.1 Proclamation - Phil Am BID STARBlazers & TOP HATs Day]

ON TO, UH, PROCLAMATIONS AND ALSO OUR RECOGNITIONS.

FIRST WE HAVE A PROCLAMATION FOR THIS IS FOR THE, UH, FILL AMBI, STAR BLAZERS AND TOP HAT DAYS.

AND THIS IS A YEARLY OCCASION WHERE PEOPLE THROUGHOUT THE REGION ARE, UH, HONORED FOR THEIR ACTIVITIES.

AND, UH, MY UNDERSTANDING IS THIS YEAR WE HAVE THREE INDIVIDUALS FROM NATIONAL CITY THAT ARE BEING, BEING HONORED.

AND, UH, SO, AND ANYWAY, SO I'M GOING TO, UH, UH, READ DOWN HERE ON THE, UH, ON NOVEMBER 15TH AT THE STAR BLAZERS AND TOP HAT, UH, GLOBAL, UH, GIBE AWARDS GALA.

THE FALLING RESIDENTS OF CITY OF NATIONAL CITY WILL BE HONORED.

NATIONAL CITY SCHOOL DISTRICT GOVERNING, UH, BOARD MEMBER ALMA ARMO SWEETWATER HIGH SCHOOL COUNSELOR, NANCY NIETO, UH, DR.

GIL UNGA, ANTHONY GILGA OF THE PORT OF SAN DIEGO, AND A POSTHUMOUS LIFETIME ACHIEVEMENT AWARD TO THE LATE ALBERT AL ALVARADO.

AS WELL AS, UH, BUSINESSES IN NATIONAL CITIES SUCH AS THE SWEETWATER MEDICAL AND CARDIOVASCULAR INSTITUTE OF DR.

BEN CAMACHO AND THE HEALTHWISE, UH, HOME HEALTHCARE.

AND SO WITH THAT, UH, WE, UH, UM, ENCOURAGE ALL CITIZENS TO RECOGNIZE AND CELEBRATE THE MANY CONTRIBUTIONS, FILL AMBI IN BUILDING BRIDGES BETWEEN COMMERCE, CULTURE, COMMUNITY, AND TO HONOR THEIR EXEMPLARY LEADERSHIP AND ENDURING IMPACT.

SO WE'LL PRESENT THIS TO YOU ALL AND THEN HAVE SOMETHING, SOMETHING TO SAY.

SURE.

YES.

WELL, THANK YOU FOR HAVING US HERE.

THANK YOU MAYOR AND COUNCIL FOLKS IN THE DAYS.

THAT'S NICE.

SHOULD I READ THE, THE LONG PART? NO.

NO.

ANYMORE.

WE SKIPPED ALL THAT.

YEAH.

WELL, THANK YOU AGAIN.

COUNCILWOMAN US MOLINA AND COUNCILMAN MARCUS BUSH AND MAYOR MORRISON.

OKAY.

I NOTICE, UH, THERE ARE TWO MISSING SIGNATURES, UH, THAT OF COUNCIL MEMBER VITA ANI AND COUNCILMAN, UM, COUNCIL MEMBER JOSE RODRIGUEZ.

YEAH.

MAY I JUST KNOW WHY THAT'S, THAT'S SIGNATURE, THAT'S THEIR PREROGATIVE.

OKAY.

I'M SORRY.

THAT'S THEIR PREROGATIVE TO, TO BE ABLE TO DO THAT.

NO REASON.

YEAH.

YEAH.

THEY, I CAN ASK FOR A REASON WHY.

NO, THAT'S OKAY.

NO.

OKAY.

WELL, WE THANK YOU.

WE'LL JUST TAKE ONE PHOTO HERE.

WHAT IF EVERYONE CAN STAY UP AND TAKE A PHOTO? WAIT.

OKAY.

STAY IN, STAY IN FRONT OF THE PODIUM AND FACING THAT WAY.

THERE YOU GO.

NO, NO.

STAY IN FRONT OF THE PODIUM IN FRONT OF IT.

IF YOU GET BEHIND IT, YOU GET HIDDEN NOW THEN.

AND MAYORS.

OKAY.

CAN WE CHIEF, MAYBE IF YOU COULD PLEASE, MAYOR,

[00:45:01]

CAN WE HAVE A REQUEST? MAKE A PHONE CALL AND , EXCUSE ME OFF THE PICTURE.

OKAY.

NO, YOU CAN'T.

NO, NO, NO.

THANK YOU.

MAYOR, IF I CAN MAKE A, A COMMENT PLEASE.

UH, MAYOR, THANK YOU FOR THIS PROCLAMATION.

THANK YOU VERY MUCH FOR, UH, OUR RECIPIENTS THAT CAME TONIGHT.

IT, IT IS WONDERFUL TO SEE YOU.

I DO WANNA MAKE A SPECIAL, UH, MENTION OF OUR FORMER COUNCIL MEMBER, MS. MONA RIOS.

YEP.

THERE, SHE'S, WHO IS VISITING US TONIGHT.

AND I DO, UH, ESPECIALLY WANT TO HONOR YOUR LATE FATHER, MR. ALVARADO.

MM-HMM.

UH, WHO WAS SUCH A, UH, ICON IN THIS COMMUNITY.

I REMEMBER HIM FONDLY.

I REMEMBER HIM, UH, HELPING ME.

UH, AND HE HELPED MANY, MANY PEOPLE IN THIS COMMUNITY.

I APPRECIATE VERY MUCH MS. EDNA, THIS WONDERFUL TRIBUTE FROM, UH, PHIL AM DID FOR MR. ALVARADO.

AND I JUST NEEDED TO MAKE A MENTION OF THAT AND LET YOU KNOW, MONA, I REALLY APPRECIATE YOU AND YOUR FAMILY.

THANK YOU.

ALRIGHT.

OKAY.

[6.2 Introduction of New City Employees]

NEXT WE GO ON TO OUR, UH, NEW EMPLOYEE RECOGNITIONS.

UH, FIRST WE HAVE IN THE CITY COUNCIL DEPARTMENT, UH, MEMBER MOLINA, I THINK YOU GOT SOMEONE TO INTRODUCE.

YES.

THANK YOU VERY MUCH.

I'M NOT SURE IF MS. KELSEY IS IN THE ROOM, BUT AS SHE MAKES HER WAY IN, I AM VERY, VERY THRILLED TO MAKE THIS ANNOUNCEMENT.

UM, MS. KELSEY NESSI IS NOW, UH, WITH, HAS JOINED ME IN THE OFFICE FOR DISTRICT ONE, UH, AS A COUNCIL REPRESENTATIVE.

SHE IS, UM, GOING TO BE COMING IN HERE SHORTLY.

OH, I SEE HER NOW.

AND AS SHE DOES, UH, I WILL SHARE JUST A FEW DETAILS OF HER BIO BIOGRAPHY THOUGH.

KELSEY IS A GRADUATE.

UH, AND KELSEY, COME ON UP TO THE MIC.

I WOULD LOVE TO SEE YOU UP HERE.

THERE SHE IS, AS YOU.

AS YOU CAN SEE, KELSEY IS VERY POPULAR IN THE COMMUNITY.

BUT I HOPE YOU FORGIVE ME FOR THIS.

I DO WANNA JUST MENTION REAL QUICK, KELSEY IS A GRADUATE FROM THE UNIVERSITY OF SAN DIEGO WITH A MASTER'S IN PEACE AND JUSTICE STUDIES.

SHE RECEIVED HER BACHELOR'S OF ARTS IN NON-PROFIT BUSINESS MANAGEMENT, POLITICAL SCIENCE AND POLITICAL SCIENCE FROM CALIFORNIA STATE UNIVERSITY OF CHANNEL ISLANDS.

HER RESUME INCLUDES PARTICIPATION IN THE COMMISSION ON THE STATUS OF WOMEN.

UM, THIS IS A CONFERENCE AT THE UNITED NATIONS.

SHE HAS WORKED WITH CHANGE MAKERS AT ALL LEVELS OF GOVERNMENT.

UM, SHE IS KNOWLEDGEABLE IN POLICY RESEARCH, UM, LEGISLATIVE AFFAIRS AT CAPITAL, AT THE STATE CAPITOL, AND THEN OF COURSE BUILDING RELATIONSHIPS WITH THE COMMUNITY.

UH, ALL OF THESE RESPONSIBILITIES BROUGHT HER TO HER RECENT WORK HERE IN DISTRICT ONE.

I APPRECIATE HER INTELLIGENCE AND HER IMMACULATE PROFESSIONALISM, BUT WHAT TRULY BROUGHT ME TO KELSEY JOINING ASKING KELSEY TO JOIN ME IN DISTRICT ONE WAS HER PASSIONATE FOR THE WEST SIDE COMMUNITY OF NATIONAL CITY.

I LOOK FORWARD TO WORKING WITH YOU, KELSEY, AND I WELCOME THE COMMUNITY TO INVITE HER.

KELSEY, IF YOU WOULD LIKE TO SAY A FEW WORDS, PLEASE.

NO, YOU MADE ME CRY LOOSE.

OH, .

NO, I JUST WANTED TO SAY THANK YOU SO MUCH TO LOOSE FOR, UM, RECOGNIZING MY LOVE FOR NATIONAL CITY.

UM, I LOVE THE COMMUNITY HERE SO MUCH.

I'VE HAD THE PLEASURE OF WORKING WITH THEM FOR THE LAST TWO AND A HALF, THREE YEARS.

UM, AND I ALSO LOVE ALL THE CITY STAFF, THE COUNCIL MEMBERS THAT I'VE BEEN ABLE TO WORK WITH.

UM, I'VE LEARNED A LOT MORE FROM THE COMMUNITY THAN I EVER TAUGHT THEM, AND I HOPE THAT THAT CONTINUES.

SO I JUST WANNA SAY THANK YOU SO MUCH AND I'M SO EXCITED TO BE BACK IN NATIONAL CITY WORKING AGAIN, AND I LOOK FORWARD TO WORKING WITH YOU ALL IN THIS NEW CAPACITY.

SO THANK YOU.

OKAY.

NEXT WEEK OUTTA THE CITY MANAGER'S OFFICE.

UH, THANKS LOU FOR MAKING IT, UM, A HARD ACT TO FOLLOW .

APPRECIATE THAT.

UM, SO I'D LIKE TO INTERVIEW,

[00:50:01]

INTRODUCE, UH, STEPHANIE TES, SHE'S OUR NEW PIO AND I KNOW SOME OF YOU HAVE, UH, MET HER, UH, SOUTH BAY NATIVE.

OKAY.

UM, WHO GRADUATED FROM SAN DIEGO STATE, WHICH WE ALL KNOW THAT'S THE BEST COLLEGE IN, UH, REGION, YOU KNOW, GOES WITHOUT SAYING.

UM, BUT, UH, SHE MAJORED IN JOURNALISM, EMPHASIZED EMPHASIS IN PUBLIC RELATIONS AND A MINOR IN, UH, POLITICAL SCIENCE.

STEPHANIE HAS WORKED AS A REPRESENTATIVE FOR SDG AND E FOR FIVE YEARS BEFORE GAINING EXPERIENCES OF PUBLIC AFFAIRS, UH, PERSON IN A FIRM WHERE THEY WORKED ON LAND DEVELOPMENT, ENERGY, WATER, AND, UH, TRANSPORTATION PROJECTS.

ALL OF WHICH WE DO, UH, THAT WILL BE HELPFUL FOR US.

AND OUR LAST POSITION WAS AT THE SAN DIEGO POLICE OFFICERS ASSOCIATION AS THEIR PUBLIC RELATIONS MANAGER.

UH, STEPHANIE IS KIND OF A DUAL POSITION FOR US, SO IT'S A CITY MANAGER ANALYST AS WELL AS OUR PIO.

AND SHE'S HITTING THE ROAD RUNNING A SUPERSTAR.

AND AGAIN, IF I DIDN'T MENTION SAN DIEGO STATE GRADUATE .

SO, YES.

STEPHANIE, DO YOU WANNA SAY ANYTHING? YES, THANK YOU SCOTT.

REALLY EXCITED TO BE HERE TONIGHT.

UM, I'VE HAD A VERY WARM WELCOME ALREADY FROM, FROM THE TEAM AND INTERNAL STAFF.

I WENT WITH PEDRO TO SOME COMMERCE EVENTS ALREADY AND HAVE MET RESIDENTS, CONSTITUENTS, BUSINESS OWNERS, AND I CAN SENSE THE AMBITION AND THE DRIVE FROM THEM, WHICH HAS BEEN VERY ENCOURAGING.

UM, SO LIKE SCOTT MENTIONED, WE'RE, WE'RE HITTING THE GROUND RUNNING AND EXCITED TO BE HERE TO HELP BRING COMMUNICATION EFFORTS TO THE NEXT LEVEL.

THANK YOU.

I I LOOK FORWARD TO WORKING WITH YOU ALL.

THANK YOU.

ALRIGHT.

GONNA DO TOO MANY THINGS HERE.

ONE SECOND.

BACK OVER THIS ONE.

NEXT WE GO ON TO, UH, FIRE, FIRE ADMINISTRATION.

UH, GOOD EVENING.

IN THE INTEREST OF OF TIME, I'M GONNA STICK TO THE SCRIPT TONIGHT.

THANK YOU.

.

HOLD LOT.

THAT'S WHAT I'M TALKING ABOUT.

OKAY.

YEAH.

I HAVE A LOT TO SAY ABOUT NADI, BUT, UH, GOOD EVENING.

UH, NADI COSTA RASO NATA, HIS A FULL NAME IS A TRILINGUAL PROFESSIONAL FROM SAN DIEGO, CALIFORNIA.

SHE'S FLUENT IN ENGLISH, SPANISH AND GERMAN.

AND SHE HAS A STRONG BACKGROUND IN INTERNATIONAL BUSINESS AND SUPPLY CHAIN MANAGEMENT.

UH, WE HAVE HAD THE PLEASURE OF, UH, NARCY, UM, NARS PRESENCE OVER THE PAST A YEAR AND 10 MONTHS.

AND SHE'S BEEN A PART OF OUR FIRE DEPARTMENT FROM FROM THE GET GO.

SHE HAS FOUND A DEEP CONNECTION WITH THE DEPARTMENT'S STRONG SINCE THE FAMILY, UNITY AND TEAMWORK THAT THESE VALUES HAVE INSPIRED NARDIS COMMITMENT TO SERVING THE COMMUNITY AND SUPPORTING THE DEPARTMENT'S MISSION WITH DEDICATION AND CARE.

NARDI HOLDS A BACHELOR'S DEGREE IN INTERNATIONAL BUSINESS FROM SAN DIEGO STATE UNIVERSITY.

YEAH, GO, GO.

AZTECS.

I'M AN ALUMNI AS WELL, UH, WHERE SHE GRADUATED SUMMA C*M LAUDE.

SHE'S CURRENTLY PURSUING A CAREER, I'M SORRY, CORRECTION.

CURRENTLY PURSUING A GLOBAL, GLOBAL MASTER'S IN SUPPLY CHAIN AND LOGISTICS THROUGH EAE BUSINESS SCHOOL IN MADRID, SPAIN, NORDIC'S, PASSION LIVES, CONTINUOUS LEARNING, COLLABORATION AND IMPROVING SYSTEMS THAT MAKE ORGANIZATIONS MORE EFFECTIVE AND COMMUNITY STRONGER.

AND TO THAT, I CAN ONLY APPLAUD ON WHAT YOU HAVE DONE FOR US NADI.

SO THANK YOU.

WELCOME ABOARD.

OFFICIALLY, SHE JUST START WITH US AS A TEMP AND WE WERE ABLE TO, TO NEVER AND HAVE HER COMMIT TO NATIONAL CITY.

AND I KNOW YOU'VE GOT A FEW WORDS TO SAY.

YEAH.

AND GOOD EVENING MAYOR COUNCIL.

OH, SORRY.

.

GOOD EVENING MAYOR.

COUNCIL MEMBERS AND COMMUNITY MEMBERS.

UM, AS CHIEF MORA HAS SAID, UM, I'M KOOSA AND I'M TRULY HONORED TO JOIN THE NATIONAL CITY FIRE DEPARTMENT AS THE NEW ALARM PROGRAM COORDINATOR.

IT IS A PRIVILEGE TO BE PART OF SUCH A DEDICATED TEAM THAT SERVES OUR COMMUNITY WITH INTEGRITY AND CARE.

I LOOK FORWARD TO CONTRIBUTING TO OUR SHARED MISSION OF KEEPING OUR RESIDENTS SAFE AND INFORMED.

AND THANK YOU SO MUCH FOR THIS OPPORTUNITY AND I'M REALLY EXCITED TO CONTINUE BEING HERE FOR MY WHOLE LIFE IF I CAN .

SO, THANK YOU.

SO NEXT WE GO TO ENGINEERING PUBLIC WORKS.

YES.

THANK YOU.

GOOD EVENING.

MARTA JUAREZ, ASSISTANT DIRECTOR FOR ENGINEERING AND PUBLIC WORKS.

UM, MAYOR, VICE MAYOR, COUNCIL MEMBERS, CITY MANAGER, MEMBERS OF THE COMMUNITY.

IT IS MY PLEASURE TONIGHT TO WELCOME ONE NEW MEMBER OF, FOR OUR DEPARTMENT TODAY.

WE WELCOME MOSES

[00:55:01]

BOOR BOJORQUEZ, WHO RECENTLY JOINED OUR DEPARTMENT AS A MAINTENANCE WORKER FOR THE WASTEWATER SECTION WITHIN THE STREETS AND WASTEWATER DIVISION.

HE'S ORIGINALLY FROM CALEXICO, CALIFORNIA, WHERE HE WORKED FOR THE CALEXICO UNIFIED SCHOOL DISTRICT FOR MORE THAN 10 YEARS AND SHARPEN HIS KNOWLEDGE AND SKILLS IN BECOMING A HANDS-ON PROBLEM SOLVER, WHICH WE DO EVERY DAY OUT.

UM, AS WE SERVICE OUR WASTEWATER SYSTEM.

UH, MOSES ENJOYS KEEPING THINGS RUNNING SMOOTHLY AND LEARNING NEW TECHNICAL MECHANICAL SKILLS AND WASTE TO SUCCEED.

AND WHEN HE'S NOT WORKING, HE'S TRAVELING THROUGHOUT THE US GONNA THE BEACH, MOVIES, MUSIC.

UM, SO WE'RE EXCITED THAT MOSES HAS JOINED US AND GRATEFUL THAT THIS PART OF OUR TEAM IS NOW COMPLETE.

AND I FAILED TO MENTION HE'S OBVIOUSLY NOT HERE SITTING NEXT TO ME THIS EVENING, UM, DUE TO THE, THE WORK SCHEDULE THAT OUR, UH, PUBLIC WORKS OPERATION STAFF KEEPS.

BUT WE'RE VERY HAPPY TO HAVE HIM JOIN.

THANK YOU.

OKAY.

THAT'S ALL WE HAVE ON, ON THOSE.

AND

[10.2 Continued Public Hearing to Consider Certification of a Final EIR to Assess Project Impacts & Appeal of the Planning Commission Denial of a Conditional Use Permit & Coastal Development Permit for a Proposed Fuel Transfer Facility on BNSF Property.]

NEXT WE ARE GONNA MOVE UP ITEM 10.2 AND, UH, LITTLE, LITTLE DIFFERENT THIS EVENING, BUT WE DO HAVE A LARGE NUMBER OF PEOPLE HERE AND WE WANT TO TRY TO MOVE THIS AHEAD AND SO THAT, UH, UH, WE CAN GET INTO THE, UH, THE OTHER BUSINESS ITEMS. UM, WITH THAT, I'M GOING TO, UH, UH, MARTIN WILL BE RIGHT BACK.

HE'S GONNA TAKE CARE OF SOMETHING.

OKAY.

DID HE TAKE OFF ON US? MAYBE HE DID.

HE'LL BE RIGHT BACK.

HE DID THAT ONE OTHER MEETING THE SAME WAY AND WE HAD TO HUNT HIM DOWN.

WHAT, WHAT WAS, WHAT IS WITH THAT GUY? HE'LL BE RIGHT BACK.

OKAY.

UH, I COULD KEEP GOING ABOUT NARDY IF YOU'D LIKE.

FILL THE TIME.

OH, WAIT A MINUTE.

WE'RE LOOKING FOR, WE'RE LOOKING FOR MARTIN REEDER.

RIGHT THERE.

HE WAS.

HE WAS GETTING READY TO HEAD OUT THE DOOR.

, OFFSETTING A FUTUR ISSUE.

PERSON.

I CHAIR, LOCATION CHAIR ASKING IF YOU WANTS LEAVE.

UH, THANK YOU.

AND GOOD EVENING MAYOR, VICE MAYOR COUNCIL STAFF AND THE PUBLIC MARTIN READER, ACTING DIRECTOR OF COMMUNITY DEVELOPMENT.

AND I'M HERE TO TALK ABOUT THE CONTINUED ITEM, WHICH IS THE SAN DIEGO CLEAN FUELS USD CLEAN FUELS ITEM FROM THE LAST CITY COUNCIL MEETING.

UH, OBVIOUSLY WE WENT THROUGH THE BULK OF THE STAFF REPORT THE LAST TIME.

UM, WE'RE ONLY TO ANSWER ANY QUESTIONS ABOUT PREVIOUSLY.

WE ALSO HAVE THE APPLICANT AND AN ENVIRONMENTAL CONSULTANT HERE FOR ANY OTHER SPECIFIC QUESTIONS.

BUT AFTER OR THE END OF THE LAST ITEM, WE DISCUSSED POTENTIAL CONDITIONS, UH, TO BE ADDED IN THE EVENT OF AN APPROVAL.

AND WE DID WORK WITH THE APPLICANT AND WITH STAFF TO CREATE THOSE CONDITIONS.

AND WE'RE JUST GONNA PRESENT THOSE FIVE NEW CONDITIONS THIS EVENING.

AND, UH, SO I'LL JUST DO THAT FIRST.

SO WE ADDED FIVE NEW CONDITIONS TO THE END OF THE EXISTING 71 THAT WE'VE PRO, UH, PROVIDED, UH, PREVIOUSLY.

SO THE FIRST OF THE ADDED CONDITIONS IS THE PERMITEE SHALL RETAIN THE 100% OUT ATTAIN, EXCUSE ME, A 100% REDUCTION OR OFFSET IN THE BASELINE DIESEL COMBUSTION EMISSIONS IDENTIFIED IN THE EIR, WHICH WAS 13, ALMOST 13 AND A HALF TONS A YEAR WITHIN FIVE YEARS OF THE START OF THE PROJECT.

AND THAT WOULD BE THROUGH A COMBINATION OF OPTIMIZING TRUCK RAIL AND OPERATIONS, WHICH, UH, ALSO RELIES ON BNSF AND THE TRUCK OPERATORS, AS WELL AS TREE DISTRIBUTIONS AS IDENTIFIED IN CONDITION 75.

SO OBVIOUSLY I'LL GET TO THAT MOMENTARILY.

AND THE SECOND PERMIT SHALL ATTAIN A 50% REDUCTION OFFSET IN BASELINE DIESEL COMBUSTION PM 2.5, WHICH IS DIESEL PARTICULATE MATTER AND HAPPENS TO BE FINE DEFINED THIS PARTICULATE MATTER.

AND ONE THAT'S BEEN DISCUSSED THE MOST, UH, THAT WAS IDENTIFIED IN EIR, WHICH WAS ABOUT A QUARTER OF A TON PER YEAR.

AND AGAIN, WITHIN FIVE YEARS OF THE START OF PROJECT OPERATIONS AND THROUGH THE SAME OPTIMIZATIONS AS IN THE PREVIOUS CONDITION, ALL OF THESE CONDITIONS ARE INTENDED TO OFFSET THE OVERALL IMPACT FOR THE LIFE OF THE PROJECT.

UH, THE NEXT ONE, THE APPLICANT AGREE TO PROVIDE UP TO A HUNDRED PORTABLE HOME HIGH EFFICIENCY PARTICULAR AIR FILTERS OR PURIFIERS FOR RESIDENTIAL UNITS WITHIN A THOUSAND FEET OF THE BOUNDARIES OF THE PROJECT LOCATION.

SO THAT'S ALMOST ANY, UH, OF THE EXISTING UNITS INCLUDING, UH, THE, THE MCKINLEY APARTMENTS THAT ARE WITHIN A THOUSAND FEET OF THAT PROJECT.

AND THAT ALSO INCLUDES, UH, FILTER REPLACEMENT AS RECOMMENDED BY THE, BY THE MANUFACTURER

[01:00:01]

FROM 10 YEARS FROM THE COMMENCE COMMENCEMENT OF OPERATIONS OF THE FACILITY.

AND THAT WOULD BE A PROGRAM THAT WOULD BE ADMINISTERED BY THE STAFF, BY CITY STAFF.

UH, 75.

APPLICANT SHOULD PROVIDE A MINIMUM OF A HUNDRED TREES PER YEAR FOR 10 YEARS FROM THE START OF THE PROJECT OPERATIONS THAT SHOULD BE DISTRIBUTED AS PART OF A COMPREHENSIVE TREE PLANTING PROGRAM, UH, THAT WOULD BE ADMINISTERED BY THE CITY IN CONJUNCTION WITH, UH, ANY NON-PROFIT ENTITIES THAT WE ARE CURRENTLY OR MAY BE WORKING WITH IN THE FUTURE RELATED TO URBAN FORESTS.

TREE SAN DIEGO'S ONE WE'RE WORKING WITH NOW.

BUT CAL FIRE ALSO HAS PROGRAMS, AS DO OTHERS.

AND WE WOULD, UH, MAKE SURE THAT PRIORITY WAS GIVEN TO, TO FOLKS THAT LIVE WITHIN THE AB SIX 17 PORT SIDE COMMUNITY.

AND LASTLY, THE APPLICANT SHALL SUBMIT AN ADMISSIONS REDUCTION STATUS REPORT TO THE DIRECTOR OF COMMUNITY DEVELOPMENT NO LATER THAN 60 DAYS AFTER THE COMPLETION OF THE SECOND FULL YEAR OF OPERATION.

AND EACH YEAR THEREAFTER, UNTIL THE EMISSIONS OR THE REDUCTION OFFSETS IN THOSE PREVIOUS CONDITIONS AND THOSE COMMITMENTS OUTLINED ARE MET.

SO OBVIOUSLY THERE WAS A FIVE YEAR, UH, THERE WAS A FIVE YEAR TIMEFRAME IN THAT, THOSE EARLIER CONDITIONS.

SO THAT'S REFERRING TO THOSE REDUCTIONS.

SO THAT IS THE NEW INFORMATION THAT YOU HAVE IN FRONT OF YOU.

EVERYTHING ELSE IS THE SAME AS PREVIOUSLY WITH REGARD TO CONDITIONS OF APPROVAL AND A RESOLUTION FOR THE CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT, AS WELL AS THE ENVIRONMENTAL IMPACT REPORT CERTIFICATION.

SO I'D BE HAPPY TO ANSWER ANY QUESTIONS SPECIFICALLY RELATED TO THOSE OR ANYTHING ELSE.

AND WE ALSO HAVE THE, AS I MENTIONED, THE APPLICANT AND THEIR TEAM HERE AS WELL.

THANK YOU.

UH, MR. MAYOR , PLEASE.

WE, WE WILL BE REDO THE, OKAY.

UM, THE, UH, BEFORE WE, UH, UH, GO TO ANY QUESTIONS OR, UM, CLARIFICATIONS, WE WILL BE DOING DISCLOSURES.

THAT'S WHAT WE DO UP HERE.

OKAY.

UM, SO, UH, UH, SO ANYONE THAT HAS DISCLOSURES TO BE MADE, THIS IS ON ANY, UH, CONTACT OR VERBALIZATIONS OR ANYTHING SINCE THE LAST MEETING AND SINCE THERE WAS DISCLOSURES MADE AT THAT ONE.

SO THIS WOULD BE ANY THAT WOULD BE, THAT WOULD BE NEW.

YEAH.

SO, SO I'LL GO AHEAD AND START.

SO I MET WITH BOTH THE APPLICANTS, THE DEVELOPERS, CITY STAFF, CARB, UH, AIR POLLUTION CONTROL DISTRICT, AS WELL AS COMMUNITY MEMBERS.

UH, SINCE, UH, NO NEW INFORMATION EXCEPT BASED ON WHAT, UH, OUTSIDE OF THE PUBLIC HEARING EXCEPT OF, UH, BASED ON WHAT WE SEE HERE.

AND I JUST WANT TO REMIND ALL OF THE AUDIENCE MEMBERS, I JUST SPEAK FOR MYSELF.

I AM OPEN TO THIS PROJECT.

I HAVE NOT MADE A DECISION.

THIS, UH, I DON'T THINK A LOT OF FOLKS, UH, UM, THINK THEY MISS THIS, UH, UNDERSTAND THAT THIS IS DIFFERENT FROM A PUBLIC HEARING.

THIS IS A DIFFERENT LEVEL OF SERIOUSNESS.

SERIOUSNESS.

THIS IS A QUASI-JUDICIAL, UH, HEARING AND PROCEEDING WHERE WE ARE BASICALLY SERVING LIKE THE JUDGES.

I JUST WANNA READ THIS QUICK PARAGRAPH SO EVERYONE UNDERSTANDS.

CITY COUNCILS SOMETIMES ACT IN A AJU, UH, ADJUDICATORY, UH, CAPACITY THAT IS A SIT AND ROLL SIMILAR TO JUDGES HEARING AND DECIDING.

AN APPEAL OF A CONDITIONAL USE PERMIT IS ONE OF THE TIMES THAT CITY COUNCIL ACTS IN A QUASI-JUDICIAL CAPACITY.

WHEN FUNCTIONING IN SUCH AN ADJUDICATORY CAPACITY, THE CITY COUNCIL MUST BE NEUTRAL AND UNBIASED.

UNBIASED MEANS THAT THE DECISION MAKER HAS NO CONFLICTS OF INTEREST, HAS NOT PREJUDGED THE SPECIFIC FACTS OF THE CASE, AND IS FREE OF PREJUDICE AGAINST OR IN FAVOR OF ANY PARTY.

IT'S OUR RESPONSIBILITY HERE ON THIS DAAS TO BE OPEN-MINDED AND FAIR WITH THE APPLICANTS.

THAT'S MY EXPECTATION FOR MYSELF, EVERYBODY ON THIS DAAS.

THAT WE HAVE TO BE OPEN AND WE HAVE TO LISTEN TO THE COMMUNITY, BUT ALSO, UH, LISTEN TO THE APPLICANTS GIVE A FAIR SHOT.

THAT'S WHAT WE'RE HERE TO DO TONIGHT.

THANK YOU.

WHAT ELSE? THANK YOU, MAYOR.

IF I CAN SHARE MY DISCLOSURES.

I DID HAVE, UM, A PHONE CALL WITH THE DEVELOPER, UM, EARLIER THIS WEEK.

AND I ALSO MET WITH MEMBERS FROM EHC AND HEARD THEIR CONCERNS ELSE CHAIR.

I RECEIVE EMAILS, SEVERAL OF THEM, UM, RECEIVED PHONE CALLS, SEVERAL OF THEM RECEIVED TEXT MESSAGES.

SEVERAL OF THEM BUT HAVE NOT RESPONDED.

UM, 'CAUSE I'M BUSY.

UM, HOWEVER, UM, I HAVE, UM, YOU, I HAVE NO COMMUNICATION TO, UM, ANYTHING WITH REGARDS TO THIS EXCEPT FOR, UM, AN INFORMATION THAT OUR COUNSEL HAD, UH, SENT TO ALL OF US.

THANK YOU.

OKAY, RODRIGUEZ.

THANK YOU, MS. MAYOR.

UM, I HAVE, UH, MET WITH AND SPOKEN WITH MANY COMMUNITY MEMBERS, UH, MEMBERS OUTSIDE OF THE KIMBALL SCHOOL COMMUNITY, UH, THE ENVIRONMENTAL HEALTH COALITION PROPONENTS OF THE PROJECT THAT INCLUDE THE LABOR'S

[01:05:01]

LOCAL 89.

SINCE THE LAST TIME WE SPOKE, I HAVE MADE ROBUST COMMENT, COMMENTS AND MOTION AGAINST THE PROJECT DURING THE LAST COUNCIL MEETING.

UH, I UNDERSTAND I'VE ALSO MADE A VIDEO COMMENT OUTSIDE OF THE PURVIEW OF THE MEETING DURING THE LAST COUNCIL MEETING, BUT I AM OPEN TO HEARING ADDITIONAL INFORMATION ABOUT THIS PARTICULAR MEETING NOW, THE INFORMATION THAT IS PRESENTED BEFORE US, AND HEARING MORE FROM PROPONENTS AS WELL AS THE COMMUNITY AT LARGE IN ORDER TO MAKE A VERY WELL AND CONCISE DECISION.

THANK YOU.

THE CHAIRMAN.

MAY I ADD TO MY STATEMENT? UH, I DID NOT MAKE ANY COMMENTS, NO RETURN TO ANY OF THOSE COMMUNICATION BECAUSE I WANTED TO SEE THE NEW INFORMATION THAT IS BEFORE US TODAY.

THANK YOU.

OKAY.

SO EVERYONE IS SAYING THAT WITH, EVEN THOUGH THEY'VE, I ALSO MET WITH LOCAL 89, SO I THINK I FORGOT TO INCLUDE THAT.

I'M SORRY.

UM, THAT, YOU KNOW, THEY'VE COMMUNICATED OR MADE COMMENTS OR WHATEVER ELSE, BUT THAT TONIGHT, BASED ON EVIDENCE THAT GOES BE COMES BEFORE US, BOTH AT THE MEETING BEFORE AND THE ONE THAT WILL COME BEFORE US TONIGHT, EVERYONE HERE IS CAPABLE OF EITHER SAYING YES OR NO AND BUT MAKING UP THEIR OWN OWN MIND WITHOUT ANY PRECONCEIVED BIAS.

SO I THINK THAT'S THE STATEMENT FOR EVERYONE.

WITH THAT, UH, I WILL STATE THAT I, MY ONLY COMMUNICATION HAS BEEN, I DID HEAR FROM THE PROPONENT, I GOT A CALL YESTERDAY, ASKED ME WHAT THE PROCEDURE WOULD BE FOR TONIGHT, AND I JUST TOLD HIM WHAT OUR PROCEDURE IN THE MEETING WOULD BE.

UH, THEY ASKED IF I HAD ANY QUESTIONS AND I SAID, NO, I DID NOT.

AND THAT WAS THE ONLY COMMUNICATION THAT I HAVE HAD.

UM, AND I DID HAVE RECEIVED, UH, A LARGE NUMBER OF, UH, FORM LETTER, UM, EMAILS FOR THE MOST PART.

AND UH, BUT I HAVE NOT RESPONDED TO ANY OF THOSE, BUT I DID, I DID LOOK 'EM OVER.

VAST MAJORITY OF 'EM WERE FORM LETTER.

IT WAS ALL THE SAME, BUT THERE WAS A FEW THAT WERE, UH, THAT WERE INDIVIDUAL.

AND I DID READ THOSE.

YES.

LAST DISCLOSURE, I DID RECEIVE LETTERS FROM CENTRAL SCHOOL STUDENTS MM-HMM .

REGARDING THE USDG FUELS, UH, THIS MORNING THANK YOU CHAIR.

I RECEIVED THE SAME ENVELOPE, BUT I HAVEN'T OPENED IT.

WELL, WELL YOU GOT A DIFFERENT ENVELOPE.

HAD THE SAME THING.

.

OKAY.

YEAH, I, I THINK, I THINK WE ALL RECEIVED THAT ONE YET.

THANK YOU MAYOR.

CORRECT.

THAT'S PART OF THE FORM OF COMMUNICATION.

YES.

ALRIGHT.

UH, WITH THAT, UH, CITY ATTORNEY, UM, I'M NOT GONNA MAKE ANY DISCLOSURES BUT , UM, I DID WANNA COMMENT ON, UM, THE PUBLIC TESTIMONY THAT WE'RE GONNA HEAR TONIGHT.

UM, AS UM, WAS STATED IN THE STAFF REPORT, UM, WE HEARD OR HAD A HEARING BACK ON OCTOBER 7TH, WE HEARD OVER FOUR HOURS OF PUBLIC TESTIMONY.

AND AT THE CONCLUSION OF THAT PUBLIC TESTIMONY, WE CLOSED THE PUBLIC HEARING AND THAT MEANS THAT THERE'S NO MORE PUBLIC TESTIMONY, YOU ALREADY HAVE ONE.

NOW, WE CONTINUED IT FOR A SPECIFIC PURPOSE AND THAT WAS IN ORDER TO WORK TOWARDS CONDITIONS TO OFFSET EXISTING SUBSTANDARD AIR QUALITY CONDITIONS AND TO LIMIT ANY POTENTIAL DECREASE IN AIR QUALITY OR INCREASE IN VEHICLE EMISSIONS IN THE AREA.

AND SINCE THAT HEARING STAFF HAS HAD SOME DISCUSSIONS WITH THE APPLICANT AND AS HE STATED IN THE STAFF REPORT, THEY'VE AGREED TO SOME NEW CONDITIONS.

UH, THOSE NEW CONDITIONS I THINK ARE 72 THROUGH 76.

SO I DON'T WANNA DISCOURAGE YOU FROM TESTIFYING, BUT I DO WANNA DISCOURAGE YOU FROM KEEPING US HERE TILL TWO O'CLOCK IN THE MORNING.

.

OKAY.

I THINK WE CAN ALL AGREE TO THAT.

SO WHAT'S GONNA HELP THE COUNCIL BEST IS FOR YOU TO FOCUS ON THE NEW CONDITIONS MM-HMM .

AND LET US KNOW WHETHER YOU FEEL THAT THOSE NEW CONDITIONS ARE ADEQUATE ENOUGH TO ADDRESS THE CONCERNS YOU HAVE ABOUT THIS PROJECT OR IF THEY'RE NOT ADEQUATE ENOUGH OR IF THEY'RE NOT.

SO, SO MY MY MY POINT IS IF WE CAN TAILOR THE, THE TESTIMONY TO THE NEW CONDITIONS, I THINK THAT WILL BE MOST HELPFUL AS OPPOSED TO REHASHING ALL THE TESTIMONY THAT WE HAD LAST TIME.

SO, UM, NOT TRYING TO DISCOURAGE YOU, BUT JUST TRYING TO HAVE A EFFICIENT AND PRODUCTIVE, UM, MEETING.

ALRIGHT.

UM, WE DO HAVE A LARGE NUMBER OF SPEAKERS, SO I'M GONNA ASK IF YOU ARE GONNA SAY SOMETHING THAT WAS ALREADY SAID.

UH, WHAT HAS IT BEEN NOW? FOUR WEEKS AGO? BEEN FOUR WEEKS AGO? OKAY.

THAT'S ON THAT, THAT PUBLIC HEARING WAS CLOSED AND THOSE, SO THIS WAS CONTINUED FOR THIS ADDITIONAL INFORMATION.

SO IF YOU, IF YOU'RE NOT GONNA TALK ON THE ADDITIONAL INFORMATION, SO THEREFORE YOU DON'T HAVE ANYTHING TO SPEAK, PLEASE JUST KIND OF, IF CALL YOUR NAME, JUST KIND OF WAVE IT OFF AND, BUT, UH, BUT THE, THE IDEA IS TO, TO SPEAK TO THE ITEMS THAT IS THIS HEARING, WHICH IS THE ADDITIONAL ITEMS FOR THE MOST PART.

OKAY.

QUESTION.

DO WE LET THE APPLICANT ADDRESS AND GO OVER THAT

[01:10:01]

AND ASK QUESTIONS OR FIRST WE JUST PROCESS AND PROCEDURE WISE BEFORE WE NORMALLY WE WOULD DO THAT.

SO THAT WOULD BASICALLY ANSWER A LOT OF QUESTIONS THAT MY AUDIENCE MIGHT OTHERWISE BE ASKING, AND THEN WE'D HAVE TO DRAW UP THE APPLICANT.

SO NORMALLY WE ASK THE APPLICANT TO COME UP FIRST, ADDRESS THOSE ISSUES, AND THEN WE'LL, WE'LL ANSWER ALL THE PUBLIC.

UM, WE'LL CALL YOU UP AT THAT POINT, MR. MAYOR? YES.

JUST AS A POINT OF CLARIFICATION IT FOR PUBLIC COMMENTS.

UM, IF INDIVIDUALS HAVE NOT SPOKEN BEFORE, EVEN IF THEY HAVE MM-HMM .

WHAT ARE THE RULES FOR PUBLIC COMMENTS REGARDING AN ITEM? YOU WANT ME TO, YEAH.

OKAY.

SO REMEMBER WE, WE, WE HAD FOUR HOURS OF TESTIMONY AND WE CLOSE THE PUBLIC HEARING.

THAT MEANS WE'RE DONE.

OKAY.

BUT WHEN WE BRING BACK NEW INFORMATION, THE PUBLIC HAS A RIGHT TO TALK ABOUT THE NEW INFORMATION.

SO EVEN IF YOU WEREN'T HERE LAST TIME, IT WOULD STILL BE MORE HELPFUL TO US FOR YOU TO FOCUS YOUR COMMENTS TONIGHT ON THE NEW INFORMATION.

MM-HMM .

I THANK YOU FOR THE CLARIFICATION.

I DO, UM, UH, EMPATHIZE WITH EVERYBODY.

NOBODY WANTS TO BE HERE TILL TWO O'CLOCK IN THE MORNING.

I DON'T THINK MANY OF US, UH, UH, YOU KNOW, ENJOYED THAT.

UH, BUT I DO THINK THAT IF COMMUNITY, UM, HAS SOMETHING TO SAY, ESPECIALLY THOSE PROPONENTS THAT HAVEN'T BEEN HERE BEFORE, I THINK IT'S IMPORTANT FOR THEM TO SHARE IT.

AND I KNOW THAT SOME WILL INEVITABLY BLEED INTO THE ENTIRE PROJECT, NOT JUST THE INDIVIDUAL ITEMS THAT ARE PROPOSED, AND WHICH CASE I WOULD ASK THE POLICE NOT CUT PEOPLE OFF AND SIMPLY ALLOW THEM TO SAY THEIR PIECE.

RIGHT.

AND, AND I THINK I WAS CLEAR TO SAY, I'M NOT TRYING TO DISCOURAGE ANYONE FROM TESTIFYING.

RIGHT.

OKAY.

I'M JUST TRYING TO HAVE AN EFFICIENT HEARING THAT CAN BE PRODUCTIVE FOR YOU AS THE DECISION MAKERS.

THANK YOU, SIR.

OKAY.

SO, UM, WITH THAT, UNLESS THERE WAS QUESTIONS WITH THE STAFF ON THAT, I'M GONNA CALL UP THE PROPONENT AND, UH, SO THAT THEY CAN GO OVER WHAT THOSE, THEIR, UM, VERBALIZATION OF THOSE ITEMS. WE CAN ASK THEM QUESTIONS.

HOPEFULLY THAT WILL ADDRESS A NUMBER OF ISSUES BEFORE THE PUBLIC, UH, YOU KNOW, UH, SO WE'RE NOT JUST, UH, REPLICATING OURSELF.

SO IF THE APPLICANT COULD COME FORWARD, MAYOR AND COUNCIL MEMBERS, I'M BILL FING WITH USD CLEAN FUELS.

MM-HMM .

UM, WE WERE ASKED AT THE LAST HEARING TO REALLY FOCUS ON, UM, FOUR, ACTUALLY THREE AREAS.

UM, THE THREE AREAS WERE, AND FOCUSING ON DIESEL COMBUSTION EMISSIONS ASSOCIATED WITH THIS PROJECT, WHICH ARE, IF YOU WILL, THE TRUCKS AND TRAINS PORTION OF THIS PROJECT, UM, TO STRIVE TO ACHIEVE A HUNDRED PERCENT EMISSIONS REDUCTION OFFSET.

UM, SECONDLY, WE WERE SPECIFICALLY ASKED ON THE PM 2.5 PORTION OF THOSE DIESEL COMBUSTION EMISSIONS TO FOCUS ON REDUCING THOSE AS MUCH AS WE COULD.

THE THIRD PART OF THAT WAS TO FOCUS ON AND LOOK AT TREES AS A PART OF OUR STEPS AND OUR EFFORTS TO NOT ONLY ADDRESS OUR PROJECT, BUT TO ADDRESS SOME OF THE HISTORIC AND ONGOING AIR ISSUES WITHIN NATIONAL CITY.

IN THOSE DISCUSSIONS, A FOURTH ITEM CAME UP, WHICH RELATED TO, FOR RESIDENCES OR LIVING UNITS, IF YOU WILL, AROUND OUR PROJECT SITE, IF WE WOULD CONSIDER ADDRESSING AN AIR FILTER PROGRAM TO DEAL WITH THE PM 2.5 ISSUE.

THAT HAS BEEN MUCH TALKED ABOUT ON THIS PROJECT.

SO WE ADDRESSED ALL OF THOSE AREAS, AND I THINK THE LANGUAGE IS, IS FAIRLY STRAIGHTFORWARD IN THE, UH, DRAFT CONDITIONAL USE PERMIT TERMS. UM, I WOULD JUST SAY A COUPLE OF THINGS.

ONE IS THAT WE THINK IF THIS PROJECT IS APPROVED AND THIS PROJECT GOES FORWARD, UM, THE FIRST YEAR WILL BE LARGELY A STARTUP YEAR FOR EVERY ENTITY INVOLVED IN THAT.

AND WHEN I SAY THAT, THAT'S THE FUEL PRODUCERS, UM, THE RAILROADS, UM, THE HAULERS OF THESE FUELS,

[01:15:01]

THE TRUCKING COMPANIES, AND USUALLY THERE'S SOME UNEVENNESS TO THOSE PROCESSES IN TERMS OF HOW THEY OPERATE.

AND SO WE THOUGHT IT WOULD BE BEST TO, UM, TAKE AT, AT LEAST THROUGH THE SECOND FULL YEAR OF OPERATIONS, BECAUSE BY THAT TIME AS A STARTUP, UM, IN THIS, WE WOULD HAVE A BETTER INDICATION OF HOW THESE ARE OPERATING AND, AND GIVE EVERYONE A CHANCE TO OPTIMIZE AGAINST WHAT WAS PRESENTED IN THE EIR THAT THE LEAD AGENCY AND THE CONSULTANT, UH, PUT TOGETHER FOR THIS PROJECT.

SO THAT WAS THE THINKING ABOUT THAT FIRST REPORT BEING AT A TIME WHEN, UM, IT WILL BE ALLOWED, EVERYONE WOULD BE ALLOWED TO NOT ONLY BEGIN THIS, BUT BEGIN THE PROCESS OF OPTIMIZING THIS.

UM, WE HAD SOME QUESTIONS ABOUT ENFORCEABILITY.

UM, THE ENFORCEABILITY OF THESE ARE, THIS IS A PERMIT THAT THE CITY HOLDS US ACCOUNTABLE TO, LIKE ALL OTHER PERMITS WITH THIS LANGUAGE IN THE CUP AND IS ENFORCEABLE BY THE CITY.

AND, UH, OUR INTENT IS TO MEET THE OBJECTIVES SET FORTH IN THERE.

AND I WOULD ADD THAT IT WAS A SIGNIFICANT EFFORT TO, UH, ADDRESS THE ISSUES.

WE APPRECIATE THE CHALLENGE WE'VE HEARD FROM THE COMMUNITY, NOT ONLY AT THESE HEARINGS, THE PLANNING COMMISSION HEARING, BUT ALSO IN OUR INDIVIDUAL MEETINGS WITH THEM.

AND, UH, WE UNDERSTAND THOSE CONCERNS AND WE UNDERSTAND THE REALITIES OF THIS PROJECT.

WE WERE GRATEFUL TO THE CITY ATTORNEY FOR, UM, WANTING THIS TO GO AS AN EIR, UM, BACK WHEN WE FIRST MET SEVERAL YEARS AGO.

SO WE WOULD GET THE MOST ROBUST PRE-PROJECT REVIEW THAT ANY PLACE IN THE COUNTRY HAS TO LOOK AT.

NOT ONLY THE, THE BENEFITS THAT WE TALK ABOUT, ABOUT THIS PROJECT OF BRINGING CLEAN FUELS AND MORE CLEAN FUELS AND A MORE EFFICIENT SUPPLY CHAIN, TAKING THE 2.4 MILLION TRUCK MILES A YEAR, UM, THAT ARE CURRENTLY SERVING THIS AREA, BUT ALSO THE ABILITY TO BRING MORE CLEAN FUELS TO THIS AREA SO THAT ALL OF THE TRUCKS AND CARS AND EQUIPMENT CAN HAVE ACCESS TO CLEANER FUELS AND BENEFIT THE AIR AND NATIONAL CITY AND THE SURROUNDING SAN DIEGO AREA.

SO, UM, I WOULD SAY THE TEAM HAS DONE, UM, A GOOD JOB.

WE'RE APPRECIATIVE TO CITY STAFF AND THEIR WORK WITH US, AND, UH, PARTICULARLY THE INPUT FROM, UH, COUNCILMAN BUSH IN, IN PUSHING, UM, AND, AND LEADING THE DIALOGUE ON THESE EFFORTS.

UM, AND WE THINK THAT, UH, WITH OUR DISCUSSIONS WITH, UH, THE RAILROAD IN PARTICULAR, THAT A KEY FEATURE OF THIS IS THAT THE ORIGINAL INTENT OF THIS PROJECT WAS TO BRING TRAINS A HUNDRED PERCENT DEDICATED TO THIS PROJECT INTO NATIONAL CITY.

WHAT WE HAVE NOW, UM, AGREED WITH THE RAILROAD TO DO IS TO PUT, UH, CARS FOR OUR FACILITY ON EXISTING TRAINS THAT WILL RUN ON THE RAIL LINE THAT GOES THROUGH NATIONAL CITY.

AND, UH, THAT WOULD OPTIMIZE THE PROCESS AND THE EMISSIONS ASSOCIATED WITH, UM, WHAT WAS PRESENTED IN THE EIR.

WE ALSO BELIEVE, AND WE KNOW THAT ALL THE PARTIES INVOLVED IN THIS ONCE, THIS GOES FROM A HYPOTHETICAL PROJECT THAT OUR OTHER PARTNERS, IF I MAY CALL THEM, THAT THEY'RE NOT PARTNERS IN THE FINANCIAL SENSE, BUT THEY ARE THE FUEL PROVIDERS AND THE RAILROAD AND THE TRUCKING COMPANIES THAT SERVE THE, THE FUEL PROVIDERS.

THAT IF THIS PROJECT IS APPROVED, AND ONCE IT'S APPROVED, THIS IS NO LONGER A HYPOTHETICAL PROJECT.

AND WHAT THEY HAVE BEEN TOLD, AND WHAT THEY WILL KNOW IS THAT MEETING THESE CRITERIA ARE NOW A PERMIT CONDITION TO CONTINUING TO OPERATE THIS FACILITY.

AND SO WE ARE CONFIDENT THAT WE HAVE BEEN CLEAR IN THOSE DISCUSSIONS, WE'RE CLEAR IN OUR INTENT AS A FACILITY OPERATOR, WHAT NEEDS TO HAPPEN TO MEET THESE CONDITIONS.

AND, UH, WE THINK THAT OUR PARTNERS WILL BE EAGER TO WORK WITH US TO, TO MEET THESE.

AND WE THINK WE'VE TAKEN WHAT WE HAVE BELIEVED TO BE A BENEFICIAL PROJECT.

WHAT THE EIR HAS SAID IS A LOW RISK PROJECT BASED ON THE

[01:20:01]

CRITERIA IN THE EIR AND MADE IT AN EVEN BETTER PROJECT THAT, UH, WE ARE PROUD TO BRING BEFORE NATIONAL CITY.

OKAY.

QUESTIONS FROM COUNCIL MEMBERS? UH, MEMBER MEMBER BUSH.

UH, SO, SO THANK YOU, BILL.

APPRECIATE, UM, I APPRECIATE FROM THE LAST MEETING YOU AND YOUR TEAM BEING DILIGENT AND YOU PROVIDING THESE ADDITIONAL CONDITIONS.

I'LL BE HONEST, I WASN'T EXPECTING THIS.

UM, IT, I HAVEN'T SEEN AN APPLICANT DO THAT.

UM, I THINK IT'S NECESSARY GIVEN THE HISTORIC BURDEN THAT OUR COMMUNITY HAS.

AND SO, AND YOU GUYS UNDERSTAND THAT.

UM, SO I STILL HAVE SOME QUESTIONS ABOUT SOME OF THE ITEMS, BUT I JUST DO WANNA START BY SAYING THAT I DO APPRECIATE THE DILIGENCE, THE EFFORT THAT YOU GUYS HAVE PUT INTO MAKING THIS AS CLEAN, LIKE GOING EVEN BEYOND CQA AND THE ENVIRONMENTAL IMPACT REPORT.

YES, THE ENVIRONMENTAL IMPACT REPORT SAYS LESS THAN SIGNIFICANT, BUT LESS THAN SIGNIFICANT IS STILL MORE THAN WHAT IS EXISTING IN A COMMUNITY THAT'S ALREADY OVERBURDENED, ESPECIALLY WITH DIESEL, PARTICULATE MATTER, SO, AND HEALTH IMPACT.

SO I APPRECIATE YOU DOING THAT.

THANK YOU.

SO I STILL WANNA, THAT'S NOT A COMMITMENT.

YES.

NO, AND IT'S NOT COMMITMENT, UH, TO SUPPORT YOU.

I STILL WANNA BE OPEN IN HERE, BUT THERE'S STILL SOME CLARIFICATION, BUT I DO WANNA START BY APPRECIATING THAT I, I RECOGNIZE THAT.

SO, UH, ONE OF THE QUESTIONS ON, SO THE OFF PEAK HOURS, UM, SO IT'S STILL 72 DIESEL, UH, TRUCKS.

UM, AND, UH, PER, SO THIS FACILITY'S OPEN FOR 24 HOURS, BUT, UM, IN THE EIR IT'S, UM, IT STATES THAT MOST OF THE TRIPS WOULD BE FROM BETWEEN 6:00 PM AND 6:00 AM SO I WASN'T CLEAR, AND I THINK I MIGHT'VE MISSED THAT.

HOW, HOW MANY, UM, I, I WASN'T CLEAR HOW MANY ARE IN, ARE IN THAT DURING THAT TIME.

WHAT'S, IS IT A PERCENTAGE? IS IT A NUMBER IF I MAY? YES.

I WOULD LIKE TO, UH, GET SOME ASSISTANCE FROM THE TEAM THAT IS PART OF THE OPERATION AND PLANNING FOR THIS.

IF WE CAN, UM, ALEX, IS THAT YOU OR NOT? WAIT TOO LONG? .

AND THERE YOU GO.

AS AS ALEX IS COMING UP, I THINK YOU REMEMBER ALEX FROM OUR LAST HEARING.

WE'RE GLAD SHE'S, AND THE OTHER QUESTION I HAVE JUST FOLLOW UP, THEY'VE COME UP YES.

IS THAT WHO IS ANSWERING THE QUESTION? OKAY, PLEASE.

OH, SO THEN WHILE, SO THE OTHER, SHOULD I ASK THE OTHER QUESTION OR DO YOU, UM, DO WE HAVE THE ANSWER TO THAT? YOU PREFER THE 6:00 PM TO 6:00 AM WHATEVER YOU PREFER.

I WOULD JUST SAY SIMP, THE, THE CLEAREST ANSWER ON THAT IS, HISTORICALLY WHAT TRUCKING COMPANIES WANT TO DO IS BE EFFICIENT IN THEIR MOVEMENTS OF FUEL.

THAT TYPICALLY MEANS THEY AVOID HIGH TRAFFIC PERIODS AND THEY WANNA OPERATE IN LOWER TRAFFIC PERIODS.

AND THAT'S NOT ONLY COMING TO THE FACILITY TO GET THE CLEAN FUELS, BUT IT'S ALSO MAKING DELIVERIES TO THEIR CUSTOMERS, WHICH ARE SERVICE STATIONS AND OTHER LOCATIONS THAT, THAT HANDLE FUELS.

AND, UH, THAT'S WHERE THAT MODEL IS BASED ON.

AND THAT'S FAIRLY TYPICAL OF, OF FACILITIES OF THESE TYPES.

GOT IT.

BUT SEE, UM, OKAY.

SO CAN SOMEONE ANSWER? LET'S GET AN ANSWER.

SO JUST TO BUILD ON, UM, WHAT BILL HAD TALKED THROUGH, THAT'S EXACTLY THE METHODOLOGY THAT THE TRUNKING COMPANIES USE.

THEY WANNA AVOID HIGH TRAFFIC TIMES.

SO WHAT WE'VE SEEN IN THE PAST IS THAT'S WHERE, UM, YOU KNOW, THE MAJORITY OF THE TRUCK TRAFFIC HAPPENS BETWEEN THOSE HOURS.

I CAN'T GIVE YOU AN EXACT SET NUMBER FOR WHAT THAT WOULD BE, BUT YOU'RE GOING TO SEE, YOU KNOW, PROBABLY IN THE RANGE OF, YOU KNOW, LIKE 70 TO, YOU KNOW, GREATER THAN 70% OF YOUR TRUCKS DURING THAT TIME.

BUT AGAIN, THAT'S SO THAT THEY CAN MANAGE THEIR SUPPLY LA CHAIN, SUPPLY CHAIN LOGISTICS AND A MECHANISM THAT AVOIDS THEM FROM TRAFFIC.

GOT IT.

WELL, THAT'S HELPFUL.

AND I DON'T KNOW IF THAT SHOULD MAYBE BE EVEN ADDED THE CONDITION, BUT, UM, SO BECAUSE MAJORITY COULD BE 51%, AND SO YOU SAYING 70 OR 80%, LIKE THAT'S, I MEAN, THERE'S A DIFFERENCE THERE.

AND THE REASON THAT'S IMPORTANT, UM, IN TERMS OF THE CONDITION IS, UM, WHEN WE'RE LOOKING AT, UH, ITEM NUMBER 70 FOR THE PROPOSAL FOR AIR FILTERS IN THE HOMES, BECAUSE PEOPLE, THAT'S, THAT, THAT'S WHERE IT'S, I THINK THAT PLAYS INTO THE DECISION MAKING PROCESS BECAUSE, UH, THE MORE OF THOSE TRIPS THAT ARE IN THOSE OFF

[01:25:01]

HOURS MM-HMM .

THAN, TO ME, THAT WOULD HIGHLIGHT THE POTENTIAL IMPORTANCE OF CONDITION NUMBER 74.

YEAH.

WHICH IS TAKING CARE, WHICH IS AIR FILTRATION SYSTEMS WHEN PEOPLE TYPICALLY ARE IN THEIR HOMES.

UM, SO THAT, SO THAT'S WHY I ASKED THAT.

SO IF WE CAN GET A CLEAR, CLEAR NUMBER, I'D APPRECIATE THAT.

UM, DO YOU, YOU DO HAVE AN ANSWER, MAY I? OH, YEAH.

DO, DO YOU HAVE SOME I, I'D LIKE TO ADDRESS THAT TOO, IN THAT, UM, BECAUSE OF THE REQUEST TO DEAL WITH AIR FILTERS, THE MODELING OF THE POLLUTION, AIR POLLUTION CONTROL DISTRICT WOULD, FOR THIS PROJECT HAVE A 300 FOOT AREA OF POTENTIAL IMPACT FOR THIS TYPE OF FACILITY.

UM, WHEN WE LOOKED AT THIS, WE APPLIED A BROADER DEFINITION TO A THOUSAND FEET.

AND ACTUALLY WITH DOING THAT, THAT BROUGHT, UH, THE NUMBER OF UNITS, UH, MUCH HIGHER THAN IT OTHERWISE WOULD'VE BEEN.

BUT WE THINK THE REALITY OF THE AIR FILTER PROGRAM IS GOING TO BE THE EMISSIONS FROM INTERSTATE FIVE AND THE, THE VAST MAJORITY OF OTHER VEHICULAR TRAFFIC NOT ASSOCIATED WITH OUR PROJECT THAT GOES ON THESE ROADS.

SO I THINK WHAT THE, WHAT THE FILTERS SIMILAR TO THE TREES IS REALLY ADDRESSING OUR PROJECT TO A SMALL EXTENT, BUT THE HISTORIC ISSUES THAT WE'VE HEARD ABOUT TO THE LARGER EXTENT.

GOT IT.

THANK YOU.

UH, MY OTHER, UH, FOLLOW-UP QUESTION, THIS IS WITH YOUR OPTIMIZATION OF YOUR VEHICLES.

SO I WASN'T, IF YOU CAN GO INTO MORE DETAIL ABOUT WHAT THAT OPTIMIZATION IS, UM, THAT, UM, ADDRESSES THE 50 TO A HUNDRED PERCENT REDUCTION OF DIESEL PARTICULATE MATTER FROM BASELINE.

AND SO I'M NOT CLEAR HOW ARE YOU GUYS ACHIEVING THAT? SO IS IT, ARE YOU SAYING THAT YOU WILL USE, UM, THE BIODIESEL THAT IS BEING RAILED IN, OR WHAT IS, WHAT EXACTLY IS THAT VEHICLE OPTIMIZATION THAT YOU'RE SAYING IS GOING TO ACHIEVE MORE, UM, EMISSION REDUCTION THAN WHAT YOU PREVIOUSLY CAME TO US, UH, AT THE PREVIOUS MEETING? YES.

WELL, THE, UM, UH, THE, THE FIRST PART IS THAT IN THE EIR BECAUSE YOU DO THAT ON A PROTECTIVE CASE, WHICH IS, AS I THINK I SAID IN THE LAST HEARING, THAT'S KIND OF A WORST CASE, IF YOU WILL, IN LAY PEOPLE'S TERMS, LAYMAN TERM.

UM, YOU RUN PROJECTS THAT WAY UNDER THE, UH, UNDER CE QA AND IN AN EIR BECAUSE WHAT YOU WANT TO DO IS SAY, OKAY, LET'S RUN IT THAT WAY AND SEE WHAT THE POTENTIAL IMPACTS ARE.

AS YOU KNOW, FROM OUR REPORT, OUR POTENTIAL IMPACTS COMPARED TO THE SIGNIFICANCE THRESHOLDS ARE, ARE VERY LOW COMPARED TO THOSE.

I THINK, UH, FOR PARTICULATE PM 2.5, FOR EXAMPLE, WE ARE 2.5% OF THE SIGNIFICANCE THRESHOLD THAT THE EIR WOULD SAY.

NOW YOU NEED TO LOOK AT POTENTIAL WAYS TO INFLUENCE THAT NUMBER.

SO THAT MEANS WE ARE 97.5 AND YOU'RE TALKING ABOUT THE 10 PARTS OF CANCER, UH, PER MILLION THRESHOLD? NO, THIS IS THE PM 2.5 OF 0.25 TONS A YEAR.

I KNOW THOSE NUMBERS ARE KIND OF SIMILAR, BUT THAT JUST HAPPENS TO BE WHAT THE NUMBERS ARE.

UM, SO IN, IN THE FIRST PART, WHAT WE ARE GONNA DO IS FROM THAT THRESHOLD, RIGHT, WE ARE THEN GONNA LOOK AT IF THOSE ARE PROJECTED EMISSIONS, WHICH IS WHAT THE EAR IS, WE'RE GONNA COMPARE THOSE TO ACTUALS WITH ABOUT THE, THE LION'S SHARE OF THOSE EMISSIONS ARE NOT FROM THE TRUCKS, THEY'RE FROM THE TRAINS, I'M SORRY.

THEY'RE FROM THE LION'S SHARE OF THOSE EMISSIONS.

AND THE MODELING IN THE EIR IS FROM THE TRAINS, NOT THE TRUCKS, THE LOCOMOTIVES.

NOW THE EIR DOES NOT LOOK AT OFFSETTING PROJECT BENEFITS.

I WOULD JUST POINT OUT, KEEP IN MIND THAT THE 2.4 MILLION TRUCK MILES A YEAR THAT ARE DELIVERING THOSE FUELS TODAY, THAT'S NOT OFFSET WITH THIS NEW MODEL.

IT'S JUST LOOKING AT WHAT WAS MODELED IN THE EIR SOLELY RELATED TO OUR PROJECT.

SO THERE'S NO CREDIT IN THE EIR.

FOR US, TAKING THOSE 2.4 MILLION TRUCK MILES A YEAR OFF THE ROAD, THOSE DIESEL PARTICULAR MATTER EMISSIONS WOULD BE SIGNIFICANTLY HIGHER THAN, THAN WHAT IT WOULD BE.

BUT THAT'S, WE DIDN'T DO THAT.

BRINGING THIS PROPOSAL TO YOU, WE FOCUSED ON OUR PROJECT EMISSIONS AS MODELED, WHICH IS TRAINS AND TRUCKS.

RIGHT.

SO THE TRAIN PIECE AND THE NEW SERVICE MODEL

[01:30:01]

BY THE RAILROADS, WE BELIEVE WILL BE THE BIGGEST DECREASE AGAINST THOSE PROJECTED EMISSIONS NOW WITH RAIL AND TRUCK TOGETHER.

'CAUSE YOU ASKED ABOUT TRUCK, THE REALITY OF THAT IS WHEN THE RENEWABLE FUEL POOL INCREASES IN THE SAN DIEGO AREA AND IN NATIONAL CITY, BECAUSE OF THIS PROJECT, THERE WILL BE MORE CLEAN FUELS COMING HERE.

AND AS THAT PERCENT OF RENEWABLE DIESEL RISES, THE OFFSETS FROM RENEWABLE DIESEL, WHICH IS ACCORDING TO CARB, THE PM IS 29% LOWER THAN CONVENTIONAL CARB DIESEL.

SO THAT'S ANOTHER AREA WHERE THE EMISSIONS WILL DECREASE.

SO WHAT WE ARE, WE KNOW IS THAT IN OPTIMIZING THE SERVICE MODEL, INCREASING THE RENEWABLE DIESEL POOL FOR THE TRUCKS, OUR TRUCKS SHOULD ACHIEVE MINIMALLY WHAT THE FUEL, THE RENEWABLE DIESEL PORTION OF THE POOL IS IN THIS SAN DIEGO AREA.

'CAUSE THAT'S WHERE THE TRUCKS ARE GONNA BE COMING.

THEY'RE NOT GONNA BE COMING FROM THE LOS ANGELES AREA ANYMORE.

SO THEY'LL BE FUELING HERE.

SO AS WE BRING MORE RENEWABLE DIESEL IN AND GALLON FOR GALLON, THAT'S A 29% REDUCTION IN PM 2.5 THAT WE WILL GET THAT BENEFIT ACROSS THE FLEET OF TRUCK SERVING US.

BUT I AM NOT CLEAR, ARE YOU SAYING THAT THE 72 TRUCKS THAT THEY ARE GOING TO, THAT ARE COMING IN AND OUTTA THE FACILITY, THAT THEY'RE GOING TO USE THAT BIODIESEL ETHANOL? IS THAT PART OF YOUR POSITION? WE BELIEVE WE, WE DO NOT HAVE A MECHANISM NOW TO REQUIRE THAT.

BUT WHAT WE DO HAVE IS AS THAT THE POOL IN THE AREA INCREASES, THEN, THEN THERE'S NOT GONNA BE ANY REASON OR EXCUSE FOR THE TRUCKS NOT TO MINIMALLY MATCH THAT.

AND AS WE APPROACH THE FIVE YEAR TERM, WE'LL SEE WHERE OUR EMISSIONS ARE, AND THEY HAVE THE SAME INTEREST IN MEETING THESE CONDITIONS.

SO THAT FACILITY KEEPS OPERATING AS WE DO AND THE RAILROAD DOES.

SO ACTUALLY HAVING AN APPROVED PROJECT AND MOVING FORWARD AND GETTING TO WORK ON THIS WILL PROVIDE THE INCENTIVES BECAUSE THE CITY HAS THE ABILITY TO ENFORCE THE PERMIT TERMS, AND WE ALL WANT A FACILITY THAT CONTINUES TO OPERATE TO DELIVER CLEAN FUELS.

OKAY.

THANK YOU.

WERE YOU DONE WITH YOUR QUESTIONS? MM-HMM .

THANK YOU, BILL.

THANK YOU VERY MUCH.

ALEX ALSO FOR, AND, AND THE WHOLE TEAM FOR BEING HERE AGAIN.

UM, THANK YOU FOR THE INFORMATION YOU HAD SHARED WITH ME WHEN WE MET RECENTLY.

UM, JUST NOW YOU MENTIONED THE SERVICE MODEL, UM, AND IT, IT SOUNDS LIKE IT'S A CHANGE FOR, UM, YOU SAID THE TRAINS, SO BNSF WILL RUN THE CARS SPECIFIC FOR YOU.

SDG.

CAN YOU EXPLAIN THAT IN THE, IN THE EIR, UM, THAT YOU SAW WHERE THE MODELED EMISSIONS WERE THAT WE'RE TALKING ABOUT, THE BASELINE, IF YOU WILL, THAT WAS MODELED ON A PLAN THAT WAS GONNA HAVE DEDICATED TRAINS BRINGING LONG, LONG TRAINS, IF YOU WILL, OF, OF CARS DEDICATED TO THIS CLEAN FUELS FACILITY IN DISCUSSING THE DESIRE TO REDUCE EMISSIONS, UH, AND WORKING WITH BNSF, THE CURRENT MODEL IS TO NOT DEDICATE TRAINS FOR THIS PROJECT AND TO USE EXISTING TRAINS AND ADDING OUR CARS TO EXISTING RAIL THAT'S COMING, WHICH WILL REDUCE THE NUMBER OF LOCOMOTIVES SERVICING THIS FACILITY.

AND WHAT WE WILL HAVE IS THE ABILITY TO SEE WHAT THAT ACTUAL COUNT IS WHEN IT STARTS, UH, BECAUSE THAT WILL BE REPORTED TO US AS THE FACILITY SO THAT WE CAN UNDERSTAND WHAT THOSE LOCOMOTIVES AND WHAT THE MILES FOR OUR ACTUAL CARS AS OPPOSED TO THE PROJECTED METHOD, AGAINST A PROJECTED MODEL THAT WE RAN, UM, WITH THE EIR.

UM, AND, AND THAT DOESN'T TH THIS PROPOSED MODEL, THE CHANGE DOESN'T AFFECT THE VOLUME THAT YOU PLAN TO BRING IN? NO.

OKAY.

UM, MY NEXT QUESTION WAS, I MEAN, I'M SORRY, THE VOLUME OF FUELS MM-HMM .

IS, WAS

[01:35:01]

THAT THE VOLUME OF FUELS, WE WILL STILL BRING THE SAME VOLUME OF FUELS.

WHAT ABOUT THE VOLUME OF WILL NOT BE CAR LENGTHS? A HUNDRED PERCENT OF THE EMISSIONS OF A LOCOMOTIVE DEDICATED TO THE CARS COMING TO OUR FACILITY, WHICH WAS WHAT EVERYONE INTENDED AT THE TIME AND WHAT WE RAN THE EIR ON.

OKAY.

THANK YOU TO THE RAILROAD.

THEY HAVE TRIED TO COME UP WITH A MORE EFFICIENT AND BETTER SERVICE MODEL TO, TO MEET THE NEEDS AND THE REQUESTS OF THE CITY COUNCIL IN THIS.

AND WE ARE GRATEFUL FOR THAT.

UM, AND THEY HAVE THE INTEREST IN DOING THIS TOO, BECAUSE THEY WANT THIS FACILITY TO WORK AND THEY WANNA HAUL CLEAN FUELS, UH, REGARDING THE TRAINS.

ARE YOU, UM, I, AS FAR AS I UNDERSTAND, THE TRAINS ARE, UM, UH, CATEGORIZED IN SOME TYPE OF TIER FASHION WHERE TIER ZERO AND ONE, I THINK, UM, INDICATE OLDER TRAINS.

AND THEN THE NEWER TRAINS THAT ARE BEING BUILT, I GUESS, AND AND BEING UTILIZED, UH, ARE TIER THREE AND FOUR.

UM, I, I BET IT'S A WHOLE LOT MORE COMPLICATED THAN THAT.

YES.

BUT IN MY MIND, UH, YOU SIMPLIFIED IT THAT WAY.

ARE YOU AWARE OF WHAT THE TRAINS, WHAT TIER THE TRAINS ARE THAT YOU ARE EXPECTING THAT ARE GOING TO TRANSPORT YOUR, YOUR TRA YOUR, YOUR, UM, RAIL CARS? WE WILL KNOW THAT ONCE THE ACTUAL SERVICE MODEL IS SET BY THE RAILROADS, WHAT BNSF SAYS TODAY, AND PARDON ME, I'M WORKING FROM MEMORY AND I DON'T HAVE THEIR RAIL PERCENTAGES, UM, TOP OF MIND, BUT SOMEWHERE AROUND 40 TO 60% OF THEIR CURRENT FLEET, ACCORDING TO BNSF NUMBERS, AND I'M NOT SPEAKING FOR THEM, IS TIER TWO, THREE, AND FOUR.

LOCOMOTIVES.

BNSF IS IN DISCUSSIONS RIGHT NOW, HAVE BEEN, AND THEY CONTINUE WITH CARB AS WELL AS THE OTHER MAJOR MAINLINE OPERATOR, WHICH IS UNION PACIFIC.

THEY'RE THE TWO BIG MAINLINE RAILROADS FOR THE WESTERN HALF OF THE UNITED STATES.

AND IN, IN CALIFORNIA.

THEY ARE IN DISCUSSIONS RIGHT NOW, UM, BEING ASKED TO MAKE COMMITMENTS ON LOCOMOTIVES AND RENEWABLE FUELS BY CARB.

ONE OF THE THINGS WE HOPE TO SEE IN THIS FIVE YEAR COMMITMENT IS THAT AS THE STATE PUSHES THE RAILROADS, BECAUSE THAT'S ACTUALLY WHAT'S THOSE NEGOTIATIONS WITH THE RAILROAD IN THE STATE, NOT OUR PROJECT, IS WHAT'S GONNA DRIVE GREATER FUEL EFFICIENCY.

NOW WE CAN WORK WITH THE RAILROADS ON THE SERVICE MODEL AS WE HAVE, BUT AS THAT INCREASES OVER FIVE YEARS, WE ARE VERY HOPEFUL BECAUSE WHAT WE UNDERSTAND IS THOSE DISCUSSIONS ARE PROGRESSING.

AND AS THOSE PROGRESS, THEN WE SHOULD ALSO SEE EMISSIONS REDUCTIONS FROM THOSE EFFORTS.

AND WE WOULD APPLAUD THAT.

OKAY.

UH, WELL, I APPRECIATE THAT.

AND, AND IT ACTUALLY, UM, IT, IT IS, IT DOES STRIKE ME THAT WE HAVEN'T HEARD A WORD FROM BNSF ON THIS PROJECT.

UM, AND IT, IT, IT'S, UM, THERE'S A LOT OF QUESTIONS I HAVE, AND I WOULD LOVE TO SPEAK TO SOMEBODY FROM THERE.

SO IF THEY WANNA CALL ME, PLEASE CALL ME, UM, THE TRAIN.

SO, SO LET ME JUST GO BACK, UH, AND CHALLENGE THAT A LITTLE BIT BECAUSE I DID MY RESEARCH AND I FOUND, IN FACT, THE, AND YOU'RE PROBABLY CORRECT, I THINK IN THE FUTURE, AND THE FUTURE COULD MEAN 10 YEARS FROM NOW, NOT NECESSARILY TOMORROW, RIGHT? UM, BNSF WILL HAVE THE ABILITY TO HAVE TIER TWO, THREE, AND FOUR TRAINS.

BUT WHAT I FOUND ONLINE, AND THIS IS FROM BNFS WEBSITE, IS IN FACT, UM, THERE ARE TRAINS, A LOT OF THE FLEET EXISTING RIGHT NOW THAT OPERATES TODAY IS TIER ZERO AND POSSIBLY TIER ONE, AND THERE'S SOME TIER S OR SOMETHING LIKE THAT THAT'S, UH, LIKE AN IN BETWEEN TIER, UH, MEANING THERE'S BEEN SOME IMPROVEMENT MADE, BUT IT'S STILL AN OLDER, UH, UH, ENGINE OR, OR, OR, UM, TRAIN OR WHATEVER.

AND THEN ALSO, NOT JUST THE TRAINS, BUT THE ACTUAL, UM, A LOT OF THE, THE ACTUAL EQUIPMENT THAT MOVES THE, THE RAIL CARS, I THINK THEY'RE CALLED SWITCHERS.

THOSE, THE MAJORITY OF THOSE ARE TIER ZERO, TIER ONE.

SO THAT'S THE INFORMATION THAT I GOT.

SO YES, HOPE SPRINGS ETERNAL.

ABSOLUTELY.

UM, BUT I'M JUST CONSCIOUS OF THE FACT THAT WE CAN BE HOPEFUL, WE CAN SET GOALS, WE CAN HAVE EXPECTATIONS.

UM, AT THE END OF THE DAY, THEY ARE NOT GUARANTEES.

WE DO NOT CONTROL ANY OF THIS.

AND, UM, YOU KNOW, IT, IT, WE CANNOT SAY WHETHER WE'RE GONNA GET THERE OR NOT.

UH, AND THE DECISION WE ARE MAKING TODAY, UH, IS A DECISION THAT WILL HAPPEN.

[01:40:01]

UM, IT THAT WILL BE VERY DIFFICULT TO UNDO IN FIVE YEARS IF ALL OF THESE GOALS AND, YOU KNOW, EXPECTATIONS AND THINGS DON'T COME TO FRUITION.

SO, I, I JUST WANNA PUT THAT OUT THERE.

MY FINAL QUESTION FOR THE MOMENT, MAY I, MAY I SAY ONE THING? YES.

AND I, I, I AGREE WITH YOUR COMMENT.

OKAY.

AND LET'S ANSWER, GET SOME QUESTIONS WITH SOME DIRECT ANSWERS.

OH, SO WE'RE NOT .

I, I, YOU'RE RIGHT.

SORRY, MAYOR.

I, I DID START, UH, EDITORIALIZING, BUT MY FINAL QUESTION, MY FINAL QUESTION, WHICH I'VE ASKED BEFORE AND I AM NOT CLEAR ON, AND IT SORT OF SOUNDS LIKE, UM, THE TIMES THAT I'VE ASKED THIS QUESTION, YOU'RE NOT CLEAR EITHER, BUT I WONDER ARE, DO YOU KNOW RIGHT NOW HOW MANY, UM, FUEL STATIONS IN THE CITY OF NATIONAL CITY RIGHT NOW TAKE THIS, UH, SPECIALIZED FUEL? I DO NOT.

THANK YOU.

I I MEAN, ALL OF THEM CAN TAKE THIS.

WE DON'T KNOW WHAT THE PERCENT OF FUEL'S GOING THERE, BECAUSE THEY DON'T, THAT'S NOT REPORTED ON A GRANULAR STATION LEVEL.

I DON'T KNOW.

UM, MICROPHONE MAYOR, COUNCIL MEMBERS, NICE TO SEE YOU AGAIN.

KEVIN LABOUR FROM USD CLEAN FUELS, UM, COUNCILWOMAN MOLINA.

THE SHORT ANSWER IS ALL OF THEM DO.

UM, THEY'RE ALL BLENDING ETHANOL TODAY AT ALL OF THE FUEL STATIONS.

UM, SO BY, BY CALIFORNIA SPECIFICATIONS FOR FUEL, THEY'RE USING 10% ETHANOL.

THANK YOU.

THANK YOU, MR. MAYOR.

UH, THANK YOU AGAIN FOR COMING AND BEING WILLING TO, UM, YOU KNOW, HEAR OUT COMMUNITY AND ANSWER SOME QUESTIONS.

UH, I DO HAVE ADDITIONAL QUESTIONS TO SOME OF THE, UH, ADDITIONAL CONDITIONS THAT ARE BEING PROPOSED.

HOW DID YOU COME UP WITH THE AGREEMENT TO PROVIDE A HUNDRED, UH, PORTABLE HIGH EFFICIENCY PARTICULATE AIR PURIFIERS? HOW DID YOU AGREE TO THAT SPECIFIC NUMBER? THE, UM, WELL, WE HAD THE REQUEST FIRST.

CAN YOU DO SOMETHING WITH RESIDENCES AND, AND AIR FILTERS? SO THAT WAS THE STARTING POINT.

WHO REQUESTED THAT? UM, COUNCILMAN BUSH.

OKAY.

AND, AND SO, OH, AND FOR THE RECORD THAT WAS COME UP AND FOR THE RECORD, THAT WAS A REQUEST, A REQUEST THAT I MADE IN THE PUBLIC HEARING.

THANK YOU.

AND HOW DID YOU COME UP WITH A SPECIFIC NUMBER OF A HUNDRED? WE WORKED WITH CITY STAFF AND THAT'S WHEN WE STARTED WITH, FOR THIS TYPE OF FACILITY, WHAT WOULD BE A 300 FOOT IMPACT.

AND WE SAW THAT WE, THAT THERE WERE MORE HOMES CERTAINLY ON THE WEST SIDE OF, OF I FIVE.

AND SO WE FOUND AT A THOUSAND FOOT, UM, IMPACT AREA THAT WE WOULD GET SUBSTANTIALLY ALL THE HOMES AND WORKED WITH THE CITY, WHICH IDENTIFIED, I BELIEVE, 91 LIVING UNITS IN THAT AREA.

AND SO THAT'S WHY WE JUST ROUNDED IT TO A HUNDRED IN CASE WE MISSED SOME SOMEWHERE.

OKAY.

THAT WOULD HAVE A NEXUS TO OUR PROJECT, BUT ALSO UNDERSTANDING THAT IT WAS ALSO IN PART DUE TO THE PUBLIC'S CONCERN ABOUT HISTORIC EMISSIONS IN THIS AREA.

AND SO YOU ALL, AND YOUR STAFF, UH, LOOKED UP THAT FIGURE WITHIN A THOUSAND FEET, THE 91 INDIVIDUAL UNITS? THE 91 CAME FROM THE CITY STAFF, MCMC STAFF.

OKAY.

THANK YOU.

AND HOW DID YOU ARRIVE TO THE 100 TREES TO BE DONATED PER YEAR FOR A SPAN OF 10 YEARS? WE DID, UH, ONE, WE LOOKED AT THE, THE TYPES OF TREES THAT ARE OFFERED BY VARIOUS PROGRAMS IN THIS AREA.

WE KNEW THAT IN THE PROGRAM THAT I BELIEVE YOU MIGHT HAVE ANNOUNCED, IF I'M REMEMBERING CORRECTLY, AT OUR LAST HEARING THAT THERE WAS, WAS WAS THAT ADOPT THERY PROGRAM? YES.

YEAH.

THAT, UH, THAT WAS A HUNDRED TREES.

AND WE UNDERSTOOD THAT WHILE WE'RE GOING TO DOUBLE THE SIZE OF THAT, WE DIDN'T WANT TO OVERWHELM THE SITUATION WITH TREES, BUT ALSO DO SOMETHING THAT WE THOUGHT WAS MANAGEABLE AND HELPFUL.

AND, UH, AND THAT WOULD BE MEANINGFUL OVER THE 10 YEAR PERIOD.

OKAY.

AND IT, WHAT DOES IT MEAN TO OPTIMIZE TRUCK RAIL AND OPERATIONS TO REDUCE DIESEL COMBUSTION EMISSIONS? HOW DO YOU GET SPECIFICALLY TO 100% REDUCTION IN OFFSET? I THINK THAT'S PREMISE NUMBER 72.

[01:45:01]

SO WHAT DOES IT, WHAT DOES THAT MEAN? YES.

WELL, THAT MEANS FOR, IF WE LOOK AT THE TONS PER YEAR, THE BASELINE IS THE TONS PER YEAR PROJECTED IN THE EIR.

AND SO WHAT WE WILL ACHIEVE IS THROUGH THOSE OPTIMIZATION EFFORTS THAT IS SERVICE MODEL, THAT'S IMPROVEMENTS IN WHATEVER CAR IN THE RAILROADS WORK OUT, AND THEY DO OVER THAT TIME, IT'LL BE INCREASING THE EFFICIENCY OF, UM, OR FUEL USE, RENEWABLE FUEL USE, AND GETTING THE BENEFIT OF THAT AS THE RENEWABLE FUELS IN THIS AREA GO UP AND WE UNDERSTAND ACTUAL FLEETS VERSUS WE DON'T HAVE ANY ACTUAL TRUCKS NOW TO KNOW WHAT THEY'RE DOING.

AND THEN FACILITY OPTIMIZATION, JUST OPTIMIZING THAT.

BUT IT'LL MOSTLY COME THROUGH THE DIESEL COMBUSTION FROM THE TRUCKS AND THE TRAINS, THAT BY OPTIMIZING THAT MODEL.

AND THEN WHEN YOU TAKE THE, THE TONS PER YEAR OF WHAT I WILL CALL, IF I MAY, THE CRITERIA POLLUTANTS THAT WE TALKED ABOUT, IF I CAN PUT THOSE IN, IN THE CATEGORY THAT WERE REPORTED, THAT CAME UP TO THAT 13.6 PER YEAR, THAT THE COMBINATION OF THOSE, THE TREE PROGRAM, THE OPTIMIZATION OF THE RAIL, THE OPTIMIZATION OF THE TRUCK, THAT WE WILL ACHIEVE A 13.6 TONS PER YEAR REDUCTION OFFSET OF THOSE, IF YOU WILL, CRITERIA POLLUTANTS.

I DON'T THINK THEY WERE LABELED AS THAT IN THE EIR, BUT THAT ARE THERE.

SO IS THAT FOCUSING SPECIFICALLY ON NATIONAL CITY OR LOOKING AT THE PROJECT AS A WHOLE FROM THE TRUCKS THAT ARE CURRENTLY BEING DRIVEN FROM LONG BEACH AND SAN BERNARDINO, THAT IS NOT TAKING INTO THE SUPPLY CHAIN IMPROVEMENTS IN THE TRUCKS, SO MM-HMM .

TAKING THOSE, I MEAN, THE NUMBER WOULD BE SIGNIFICANTLY LARGER IF WE DID THAT, BUT WE JUST LOOKED AT OUR PROJECT HERE AS MODELED, AND THAT'S WHY WE HAD THE PREFERENCE FOR THE TREE PROGRAMS TO BE IN THE PORT SIDE COMMUNITY.

YEAH.

AND ARE WE, OR THEY WOULD'VE THE BIGGEST IMPACT, ARE YOU ALL LEGALLY BOUND TO GET TO THAT REDUCTION GOAL UNDER THE CUP? WE ARE, YOU ALL HAVE THE ABILITY, IF YOU SELL THE COMPANY WITHIN A FIVE YEAR PERIOD, ANYBODY THAT OPERATES UNDER THAT, THAT'S A PERMIT CONDITION FOR OUR ABILITY TO KEEP OPERATING.

SO BNSF ENDS UP PURCHASING THIS SITE, AND WE WOULD CHALLENGE B-N-S-F-I WOULD SAY IF THEY DO NOT THESE KIND OF CONDITIONS.

SORRY, I DID NOT MEAN TO INTERRUPT YOU.

NO, NO, YOU'RE GOOD.

I WOULD SAY THE PERMIT HOLDER IS BOUND BY THE CONDITIONS OF A CONDITIONAL USE PERMIT.

THAT'S WHY THIS PERMITTING PROCESSES ARE ROBUST AND SIGNIFICANT, AND THE CITY HAS COMPLETE CONTROL OVER WHAT IT DOES IN COMPANIES MEETING OR NOT MEETING THESE PERMIT CONDITIONS.

THANK YOU.

UM, JUST AS A SIDE COMMENT TO THAT, I'M SURE YOU UNDERSTAND A SMALL CITY'S DYNAMIC WITH LARGER INDUSTRIES THAT COME IN AND THEN HAVING THE INABILITY TO EITHER ASK ADDITIONAL THINGS FROM THEM THAT WOULD BENEFIT THE COMMUNITY.

IT'S BEEN THE HISTORY OF OUR CITY AS WELL AS MANY OTHER TOWNS AROUND THIS COUNTRY.

SO IT'S THE REASON WHY I BRING IT UP, IT'S, IT'S HARD TO BELIEVE THAT WE WOULD GO UP AGAINST BNSF AND STAND A CHANCE OF WINNING WHEN THEY HAVE A ROW OF ATTORNEYS THAT MIGHT BE ABLE TO FIGHT THIS LATER ON IF YOU DO SELL YOUR PARTICULAR COMPANY IN THE FUTURE.

THAT'S WHY I BRING IT UP.

YES, SIR.

BUT THAT ASIDE, UM, HOW MANY, UM, I BROUGHT THIS QUESTION UP LAST TIME.

HOW MANY TRUCKS ARE CURRENTLY BEING DRIVEN FROM LONG BEACH TO SAN BERNARDINO DELIVERING FUEL IN, IN NATIONAL CITY? I DON'T THINK THE QUESTION WAS ANSWERED LAST TIME.

AND I KNOW YOU MENTIONED THAT YOU WERE GONNA LOOK INTO IT.

CAN YOU COME? YES.

IF I UNDERSTAND THE, THE QUESTION CORRECTLY, YOU'RE ASKING HOW MANY TRUCKS ARE MAKING THAT LONG HAUL TRIP TODAY? AND IT WOULD BE THE EQUIVALENT.

WHAT, WHAT WHAT WE KNOW IS IT'S FOR THE 13,000 BARRELS A DAY THAT WOULD BE PERMITTED AT OUR FACILITY.

THAT'S THE EQUIVALENT OF THE, OF THE 72 TRUCKS? CORRECT.

SO HOW MANY OF THOSE CURRENTLY DELIVER IN NATIONAL CITY? HOW MANY CURRENTLY DELIVER INTO NATIONAL CITY TODAY? UM, OR WHERE DO THEY DELIVER? WELL, THEY DELIVER ALL THROUGH SAN DIEGO COUNTY.

WHERE ARE THERE, LIKE SPECIFIC RETAIL YEAH, SPECIFIC RETAIL STATIONS, CORRECT.

YEAH.

EVERYWHERE MEAN WE, THROUGHOUT THE COUNTY, SCATTERED THROUGHOUT THE COUNTY.

IS IT GOING TO SAN EDRO? IS IT GOING TO, I DON'T KNOW.

WELL, WHEREVER THERE'S RETAIL TODAY.

OKAY.

YES.

HOW MANY ARE DELIVERED

[01:50:01]

IN NATIONAL CITY ON A WE DAILY BASIS, WE HAVE TO GO AND APPLY THE NUMBER OF RETAIL STATIONS IN NATIONAL CITY.

RIGHT.

UM, THAT'S A LITTLE DISAPPOINTING BECAUSE I DID MENTION, I DID ASK THAT LAST TIME, AND I THINK WE WERE SUPPOSED TO LOOK INTO THAT, BUT, BUT THAT'S OKAY.

SO WE'RE NOT SURE HOW MANY OF THOSE A HUNDRED TRUCKS ACTUALLY DELIVER THE FUEL WITHIN NATIONAL CITY.

NOW WE DON'T HAVE THAT STATISTIC.

OKAY.

THAT'S OKAY.

AND, UM, LAST QUESTION.

HOW WOULD YOU ASSURE THAT 18 WHEELERS AREN'T IDLING BY WITH THEIR ENGINES ON WHILE THEY'RE BEING, UM, REFUELED SEEN AS THERE'S LIKELY TO BE TWO OR THREE OF THEM BEING FUELED AT ONE TIME? SURE.

SO, UM, THE FIRST THING, THE FACILITY IS DESIGNED SO THAT THE QUEUING OF THE TRUCKS OCCURS WITHIN THE, WITHIN THE SITE ITSELF.

SO WITHIN OUR FENCE LINE.

SO THERE'LL BE NO QUEUING OUTSIDE OF THE SITE.

SO WE'LL HAVE COM COMPLETE CONTROL, OPERATIONAL CONTROL OF THE TRUCKERS WHEN THEY'RE LOADING AT THE FACILITY.

IF THERE IS A TRUCK THAT IS IDLING, WE'LL DO WHAT WE DO AT ALL OF OUR OTHER FACILITIES.

AN OPERATOR GOES OUT, HE KNOCKS ON THE WINDOW.

MM-HMM .

TELLS THE TRUCKER TO SHUT, TO SHUT DOWN.

IF THE TRUCKER DOESN'T COMPLY, WE NOTE IT AND WE HAVE THE ABILITY TO LOCK THAT TRUCKER OUT OF OUR FACILITY.

SO WE HAVE A VERY CONTROLLED PROCESS.

IT'S, IT'S IN ALL OF OUR STANDARD OPERATING PROCEDURES AT THE FACILITIES WHERE WE OPERATE.

SO WE TAKE, WE TAKE IDLING VERY SERIOUSLY AT OUR FACILITIES.

SO THE STAFF WOULD BE IN CHARGE OF ASUR, YOUR STAFF WOULD BE IN CHARGE OF ASSURING THAT IDLING DOESN'T OCCUR BY THIS THIRD PARTY? UM, UH, YEAH, THEY'RE, THEY'RE AT OUR SITE TRANSFER COMPANY, YEAH.

BY INVITATION OF US.

SO THEY HAVE TO HAVE THE PROPER CREDENTIALS.

THAT INCLUDES INSURANCE, THAT INCLUDES PROPER LICENSING, THAT INCLUDES STRONG PERFORMANCE RECORDS.

WE GO THROUGH A VERY RIGOROUS VETTING PROCESS.

A VERY, A VERY RIGOROUS TRAINING PROGRAM WITH OUR CARRIERS WHO HAVE ACCESS TO OUR SITE.

AND AGAIN, IF, IF THEY DON'T FOLLOW OUR STANDARD OPERATING PROCEDURES AND QUEUING AND IDLING ARE PART OF OUR STANDARD OPERATING PROCEDURES, WE HAVE THE ABILITY AND WE WILL LOCK THEM OUTTA THE FACILITY.

THAT DOESN'T HAPPEN BECAUSE THE RULES ARE SET VERY EARLY IN THE PROCESS THAT THEY KNOW THE CONSEQUENCES.

UM, IF THEY DON'T FOLLOW THOSE PROCEDURES.

I APPRECIATE IT.

UM, I'M SURE YOU UNDERSTAND THE, UM, CONCERN OF A LOT OF OUR RESIDENTS SEEN AS WE DO SEE IDLING OCCURRING, AND UNFORTUNATELY BUSINESSES DO NOT TAKE IT AS SERIOUSLY AS THEY SHOULD.

SO THANK YOU SO MUCH FOR THE RE REASSURANCE ON THAT.

I APPRECIATE IT.

ABSOLUTELY.

THANK YOU.

UM, ISN'T THERE A LAW ABOUT I IDLING MR. KEVIN, I'M SORRY, I HEARD LAST TIME THAT THERE'S A LAW ABOUT IDLING, OR IS THAT YOUR, IS THAT JUST A RULE? I IDLING.

IDLING IN CALIFORNIA.

IDLING IN CALIFORNIA, THERE IS A LAW.

SURE.

THERE, THERE IS A LAW BY CALIFORNIA LAW TRUCKERS ARE NOT ALLOWED TO IDLE MORE THAN FIVE MINUTES.

SO THAT'S A LAW.

CORRECT.

THAT THAT IS A LAW.

THANK YOU.

I JUST WANTED TO, 'CAUSE I KNOW I HEARD THAT PART LAST TIME.

YES.

THANK YOU, MR. KEVIN.

UM, THANK YOU, MR. KIN, THANK YOU SO MUCH FOR STAFF AND YOUR TEAM, SIR, FOR, UM, BEING PATIENT IN, IN ADDRESSING THE CONCERNS THAT, YOU KNOW, I MEAN, WE HAVE HERE ON THE DAIS AND AS WELL AS, AS LISTENING TO OUR CONSTITUENTS.

I UNDERSTAND IT'S VERY DIFFICULT AND THANK YOU, MARTIN, FOR, FOR REALLY, UM, ITEMIZING THOSE.

I I KNOW THAT WE HAVE TONS OF CONDITIONS FOR YOU, UH, ALREADY AND THEN ADDING THIS.

UM, SO I, I FEEL THE COMMITMENT THAT YOU HAVE FOR OUR CITY, UM, TO BE A GOOD CORPORATE CITIZEN, UM, I UNDERSTAND THAT, UM, YOU KNOW, I MEAN THIS IS A CUP, YOU KNOW, I MEAN LAND USE, WHAT'S YOUR RELATIONSHIP WITH BNSF? YOU'RE, YOU'RE A TENANT, CORRECT? YES.

THANK YOU.

AND THEY ARE OUR SERVICE PROVIDER.

THANK YOU.

SO BNSF HAVE THAT RIGHT? FOR THAT LAND, CORRECT? YES.

AND WE RECEIVED A NICE LETTER FROM THE NSF THAT I READ LAST TIME AS WELL.

YES.

SUPPORTING YOUR PROJECT AS YOUR SERVICE PROVIDER AND AS YOUR LANDLORD, CORRECT? CORRECT.

THANK YOU.

UM, YOU NO, WITH ALL THESE CONDITIONS, MR. FER, ARE YOU NOT AFRAID OF IT? AM I AFRAID OF IT? UM, NO.

ABOUT, ABOUT ALMOST A HUNDRED NO.

BECAUSE WE MADE THE COMMITMENT AND WE BELIEVE WE'RE GONNA BE ABLE TO MEET THAT.

AND WE BELIEVE IN MEETING COMMITMENTS THAT ARE IMPOSED ON OUR FACILITIES.

AND YOU SAID IT VERY WELL THAT THIS IS A, UH, CUP, THAT THE CITY

[01:55:01]

CAN TERMINATE.

YES.

YOU HAVE FIVE YEARS YES.

TO PROVE ALL THESE CONDITIONS THAT YOU WILL DELIVER.

CORRECT.

LAST QUESTION, MR. FING, DO YOU HAVE A POINT OF SALE IN YOUR, IN YOUR FACILITY? WE DO NOT.

THANK YOU.

ALRIGHT.

UM, I'M GONNA SAVE ANY COMMENTS I'VE GOT UNTIL AFTER THE PUBLIC SPEAKS.

AND SO AT THIS POINT, WE'RE GONNA OPEN THE PUBLIC HEARING AND YES, THANK YOU.

OKAY.

AND, UH, UH, FOR PUBLIC SPEAKERS, AS I SAY, WE ARE GONNA LIMIT IT TO TWO MINUTES.

AND AS I SAY, IF WE CAN AT ALL POSSIBLE, LET'S TRY TO CONCENTRATE AS MOST MUCH AS POSSIBLE UPON THE ITEMS WHICH HAVE BEEN ADDED SINCE THE LAST MEETING.

UM, AND I SAY I WILL BE, BE CALLING THREE PEOPLE AT A TIME IF YOU'RE, THERE'S STILL, I'M SURE THERE'S STILL SOME PEOPLE OUTSIDE.

IF YOU HEAR YOUR NAME, COME ON IN.

LET'S GET INTO THE, IN THE AISLE.

SO WE'RE NOT WAITING, UH, FOR PEOPLE TO COME ON.

COME ON IN.

UM, WE GO WITH, UH, CLAIRE, UH, GONER, FOLLOWED BY ANITA BRINKLEY TO BE FOLLOWED BY BRADLEY.

BANG.

I'M GONNA SAY THE NAMES ONE MORE TIME.

I'LL LEAVE HER RATTLE OFF A COUPLE MORE AFTER THAT ONE.

CLAIRE GONER.

ANITA BRINKLEY.

BRADLEY BANG.

PATRICIA MCGEE.

AND THEN DIANE TRAIAN.

BUT HERE WE COME WITH, WITH CLAIRE.

OKAY.

HI.

I DIDN'T EXPECT TO BE THE FIRST ONE, SO IT'S JUST, YOU'RE ON THE TOP OF THE PILE SO YOU GET IT.

COOL.

UH, GOOD EVENING, COUNCIL MAYOR, VICE MAYOR STAFF COMMUNITY.

YOU KNOW ME, I'M CLAIRE, UH, WITH OLIVE WOOD NATIONAL CITY HEALTH URAS COALITION.

UM, I'M URGING YOU TO SAY NO TO USDG FUELS TONIGHT.

VOTE WITH YOUR PLANNING COMMISSION.

VOTE WITH THE NSD SCHOOL BOARD.

VOTE WITH ALL THE KIDDOS WHO SENT YOU LETTERS, VOTE WITH YOUR COMMUNITY WHO SHOWED UP TONIGHT AND WHO HAVE SHOWN UP FOR THE LAST COUPLE OF YEARS.

OKAY, I'M GONNA GET RIGHT INTO IT.

SO THE IEIR AIR QUALITY DATA IS BASED OFF OF SHERMAN HEIGHTS.

WE ARE GETTING MONITORS IN NATIONAL CITY BY THE END OF THIS YEAR.

THAT'S THE DATA WE SHOULD BE USING.

THE PORT CONFIRMED IN A RECENT MCAS MEETING THAT IT WILL LIKELY NOT BE POSSIBLE TO MEET THE MCAS ELECTRIC TRUCK GOALS BY 2030, WHICH IS FIVE YEARS FROM NOW.

TRAINS ARE EVEN MORE POLLUTING THAN DIESEL TRUCKS.

THE PROJECT WILL NOT ONLY INCREASE THE AMOUNT OF TRAIN TRAFFIC IN NATIONAL CITY, IT WILL ALSO EXTEND THE TRAIN TRACKS FURTHERING THE POLLUTION IMPACT.

AND TRAINS HAVE EVEN LESS REGULATION THAN TRUCKS.

USDG FUELS DOES NOT CONTROL WHAT THE TRAINS ARE USING.

AND WHILE WE LOVE TREES AND WE NEED MORE TREES, IT'S WELL DOCUMENTED THAT TREE COVERAGE IS NOT A SUBSTITUTE FOR REDUCTION OF GREENHOUSE GAS EMISSIONS.

BASED ON THIS INFO.

THE IDEA THAT THE COMPANY WOULD COMMIT TO 100% REDUCTION OR OFFSET IS A FALSE PROMISE TO GET THEIR FOOT IN THE DOOR.

A 100% REDUCTION IS NOT POSSIBLE.

AND AN OFFSET IS A LOOPHOLE WHERE THEY CAN ESSENTIALLY BUY CARBON CREDITS THAT COULD BE USED ANYWHERE ELSE OUTSIDE OF NATIONAL CITY.

THE COMPANY HAS ALREADY SHARED THAT THEIR MODEL IS TO SELL.

AND WE'VE SEEN THIS IN OTHER COMMUNITIES.

SO ANY COMMITMENTS THAT THEY MAKE THROUGH THE CONDITIONS OF APPROVAL WON'T MATTER ONCE THERE IS A NEW OPERATOR.

IN FACT, JUST EARLIER THIS YEAR, USDG WAS FORCED TO SELL THE HARDESTY RAIL TERMINAL DUE TO FINANCIAL ISSUES.

AND THIS IS JUST ONE EXAMPLE OF A FEW THAT DEMONSTRATE POOR FINANCIAL MANAGEMENT AND ALSO THAT THE BUSINESS MODEL IS TO SELL ASSETS.

THANK YOU FOR YOUR COMMENT.

VOTE FOR YOUR COMMUNITY, Y'ALL.

OKAY.

ALRIGHT.

NEXT WE GO WITH BRADLEY BANG TO BE FOLLOWED BY, EXCUSE ME.

EXCUSE ME.

WE WILL BE HERE MUCH LATER IF WE DO THAT ON EACH PERSON.

OKAY.

SO THERE'S, UH, YOUR, YOUR INPUT IS AT, IS AT, AT THE DAIS.

THANK YOU.

NOW, WITH THAT BRADLEY BANG TO BE FOLLOWED BY PATRICIA MCGEE TO BE FOLLOWED BY DIANE TRAIAN, YOU HAVE A REPORT THAT SAYS THIS DEPOT WILL HAVE AN INSIGNIFICANT IMPACT ON OUR AIR QUALITY.

BUT YOU ALSO KNOW THAT THE AMOUNT OF DIESEL POLLUTION ALREADY EXCEEDS STANDARDS THAT ARE UNACCEPTABLE TO EVERY OTHER COMMUNITY IN CALIFORNIA.

YET FOR SOME REASON, YOU FEEL IT'S SAFE.

HOW DOES LOGIC DICTATE THAT MORE DIESEL TRUCKS DON'T MAKE THE PROBLEM WORSE? NOW WE FIND OUT THAT NATIONAL CITY DOESN'T EVEN HAVE AN AIR MONITORING STATION.

DIR REPORT IS BASED ON ASSUMPTIONS BASED FROM THE SHERMAN HEIGHTS STATION.

ARE YOU REALLY SO EAGER TO GIVE USDG LICENSE TO ADD TO THE TOXINS THAT ARE POISONING US WHEN YOU DON'T KNOW HOW BAD OUR AIR QUALITY IS? OUR COMMUNITY HAS BEEN ASKING FOR

[02:00:01]

THESE STATIONS FOR MANY YEARS.

WE ALREADY KNOW THE IMPACT OF THIS POLLUTION BECAUSE WE LIVE WITH IT EVERY DAY.

WHERE ARE YOUR DEMANDS FOR THESE AIR MONITORING STATIONS HERE? AND WE ALL WONDER WHY THIS COUNCIL WAS SO EAGER TO REPLACE OUR CHAMPION FOR ENVIRONMENTAL JUSTICE ON THE PORT.

COULD IT BE THAT THIS COUNCIL DOESN'T WANT ITS CITIZENS TO KNOW HOW BAD OUR AIR POLLUTION IS? THIS CITY COUNCIL TRUSTS USDG AND THEIR CLEAN FUELS MORE THAN THE PEOPLE YOU REPRESENT IN THIS CITY.

IT'S OBVIOUS THAT THE COMMUNITY DOESN'T WANT THIS PROJECT.

DITAS, YOU'VE MADE MANY GOOD DECISIONS ON THIS COUNCIL, BUT YOU SAID YOU WE SHOULDN'T BE SO EMOTIONAL.

I THINK IT IS PRETTY IMPORTANT TO TAKE THE SAFETY OF YOUR COMMUNITY SERIOUSLY.

AND MARCUS, YOU ARE A CHAMPION FOR ENVIRONMENTAL JUSTICE.

WHAT WILL YOUR REP BE IF YOU VOTE FOR THIS? CAN THIS COUNCIL REALLY BE SO NAIVE TO TRUST USDG? THEY WON'T TAKE RESPONSIBILITY FOR THE POLLUTION CAUSED BY THIS PROJECT.

PLEASE MAKE THE RIGHT DECISION AND VOTE THIS PROJECT DOWN.

OKAY, THANK YOU.

OKAY, PLEASE.

SORRY.

UH, NEXT WE HAVE PATRICIA MCGEE DIVINE, FOLLOWED BY, UH, DIANE TRAIAN, FOLLOWED BY, UH, MARGARET GOTCHU.

GOOD EVENING COUNCIL.

GOOD EVENING, MAYOR.

I HAVE NEVER SPOKEN TO A CITY COUNCIL BEFORE.

I HAVE NEVER WRITTEN TO COUNCIL MEMBERS BEFORE AND I WROTE TO ALL OF YOU THIS WEEK.

I WANNA MENTION THAT, UM, I'VE HEARD A COUPLE OF TIMES SEE PEOPLE TALK ABOUT, UM, FORM LETTERS IN A WAY THAT MAYBE SOUNDED DISPARAGING OR AS IF FORM LETTERS DON'T MATTER.

I'M AN ENGLISH PROFESSOR AT SAN DIEGO CITY COLLEGE, AND I WANNA JUST GENTLY REMIND YOU THAT MANY PEOPLE ARE NOT COMFORTABLE WRITING.

AND A FORM LETTER SHOULD BE CONSIDERED AS IMPORTANT AS A HANDWRITTEN LETTER BECAUSE PEOPLE TOOK TIME OUT OF THEIR DAY.

YOUR CONSTITUENTS TOOK TIME OUT OF THEIR DAY TO SPEAK TO YOU.

I WISH YOU COULD FEEL THE VIBE OUT THERE IN THE LOBBY.

THERE'S SANDWICHES, THERE'S COFFEE.

THE COMMUNITY HERE IS INCREDIBLE.

I LOVE NATIONAL CITY.

I'VE LIVED HERE FOR THREE YEARS.

UM, I'M HERE TONIGHT BECAUSE I THINK I HAVE NOT BEEN REASSURED BY ANYTHING THAT I HAVE HEARD.

THE WORD OFFSET TO ME IS GREENWASHING.

WILL OUR AIR BE CLEANER? WILL THE OCEAN BE CLEANER? WILL OUR STREETS BE CLEANER? NO.

I URGE YOU TO REJECT THIS PROPOSAL.

THANK YOU, COUNSEL.

THANK YOU.

DIANE TURIAN, PLEASE, PLEASE REFRAIN.

THANK YOU.

I SEE THIS DIANE.

DIANE.

THERE SHE IS.

DIANE TURIAN.

MARGARET'S TRYING TO STEP UP.

HI.

ARE ON YOU, ON YOUR, YOUR SPEECH THERE, DIANE.

OKAY.

DIANE.

FOLLOWED BY MARGARET GOTCH, FOLLOWED BY ALICIA KELLY.

GOOD.

A GOOD EVENING.

EVENING.

HERE WE ARE.

THANK YOU, MARCUS.

YEAH.

MORNING.

UM, MY NAME IS DIANE IAN AND I DO SERVE ON THE CALIFORNIA AIR RESOURCES BOARD, BUT I AM NOT SPEAKING IN THAT OFFICIAL CAPACITY TODAY.

I AM ASKING YOU TO DENY, UH, THE PERMIT FOR THIS FACILITY.

I REALLY APPRECIATE, APPRECIATE COUNCIL MEMBER BUSH'S, UH, ATTEMPT TO MAKE THIS A ZERO EMISSION PLAN.

MM-HMM .

BUT UNFORTUNATELY I THINK IT'S REALLY FAILED.

AND I JUST WANNA TELL YOU WHY I WANNA SPEAK TO THAT DIRECTLY.

THIS PROJECT IS GOING TO EMIT 3.3 MILLION POUNDS ANNUALLY OF CO2 EMISSIONS WITH, WITH THE TREES THAT YOU ARE REQUIRING TO BE PLANTED.

IF THEY WERE ALL 1000 OF THEM PLANTED ON DAY ONE AND THEY WERE ALL MATURE ON DAY ONE, THEY WOULD ABSORB 1% OF THE CO2 THAT WOULD BE EMITTED.

SO YOU'RE NOT GETTING VERY FAR WITH THIS.

AIR PURIFIERS ARE GREAT, BUT THEY, UM, DON'T REDUCE THE IMPACT OF TOXIC AIR CONTAMINANTS ON THE PEOPLE THAT ARE, UM, BREATHING THEM WHEN THEY'RE OUTSIDE OF THEIR HOMES.

MM-HMM.

AND WE KNOW THAT PEOPLE ARE OUTSIDE OF THEIR HOMES.

THIS IS NOT REDUCTION.

SO IT SHOULDN'T GO ON THE ZERO EMISSION PLAN.

UH, IN REGARDS TO THE LOCOMOTIVES, YOU SHOULD KNOW THAT BNSF STRONGLY ADVOCATED AGAINST THE CALIFORNIA AIR RESOURCE BOARD LOCOMOTIVE REGULATION.

AND CARR WAS FORCED TO REPEAL IT EARLIER THIS YEAR DUE TO OPPOSITION FROM THE TRUMP ADMINISTRATION.

SO WE NO LONGER HAVE A LOCOMOTIVE RULE THAT WOULD REQUIRE LOCOMOTIVES TO BE CLEANER, ZERO EMISSION BY 20 30, 20 35, AND 2040.

THAT IS WHAT WE WOULD HAVE HAD.

WE DON'T HAVE IT NOW.

AND BNSF STRONGLY OPPOSED THAT ACTION.

SO I THINK IT'S HIGHLY UNLIKELY THAT BNSF WILL VOLUNTARILY UPGRADE ITS LOCOMOTIVES.

AND IF YOU'RE RELYING ON THAT, YOU OUGHT TO GET A SWORN STATEMENT FROM THEM THAT YOU CAN PUT INTO YOUR LEGAL DOCUMENTS.

MM-HMM.

AND LASTLY, WELL, DAN, REAL QUICK, IS THAT TIER FOUR THAT YOU'RE TALKING ABOUT, THE

[02:05:01]

TIER FOUR LOCOMOTIVES THAT WASN'T EVEN REQUIRED TO BE TIER FOUR BY 20 30, 20 35.

LEMME FINISH.

IT WAS, UM, DONE IN FIVE SECONDS NOW.

SO CLEANER.

CAN I GET A FEW SECONDS BACK? NO, I, YEAH, BECAUSE I WANTED TO, BECAUSE FIVE SECONDS BEFORE, BEFORE HE SAID ANYTHING, I TRYING TO GET ANY INFORMATION.

OKAY.

YOU GUYS DECIDE IF I CAN ANSWER COUNCIL MEMBER'S QUESTION, PLEASE.

OKAY.

TIER FOUR, THE TIERS ARE AN EPA, UM, STANDARD CARB WAS ASKING FOR THE, UM, THE LOCOMOTIVES TO BE CLEANER.

UM, AND WE USE A DIFFERENT SET OF STANDARDS, EPA, UM, BUT THE TRUMP ADMINISTRATION OPPOSED THAT.

SO WE HAVE PULLED THAT REGULATION BACK AND IT WILL NOT GO INTO EFFECT.

MY LAST POINT, MAYOR, IF YOU DON'T MIND, IT IS ONE ABOUT THE A HUNDRED PERCENT REDUCTION OR OFFSET WITHIN THE FIVE YEARS REQUIREMENT.

I, I ASK YOU TO STRONGLY LOOK AT THAT.

OFFSETS MEAN YOU CAN BUY YOUR WAY OUT OF POLLUTION, RIGHT? THAT MEANS YOU CAN BUY A FOREST.

THAT MEANS YOU CAN BUY AN ENERGY PROJECT.

THANK YOU.

THANK YOU, DIANE.

IT DOESN'T MEAN ANY DIRECT MARGARET GODSHAW TRUCK COMMITMENTS.

OKAY.

OR TRAIN COMMITMENT.

SO I, I THINK YOUR QUESTIONS WERE REALLY IMPORTANT.

OKAY.

I, I LET YOU GO WAY OVER TIME.

THANK YOU.

THANK YOU.

MARGARET GODSHAW, PLEASE, IF YOU CANNOT REFRAIN WE'LL YOU CAN GO BACK OUT TO THE LOBBY.

THANK YOU.

IS OKAY THERE.

WE'LL GET THROUGH THIS A WHOLE LOT BETTER.

UH, MARGARET GOTCH, FOLLOWED BY ALICIA KELLY, FOLLOWED BY RITA CLEMENT.

GOOD EVENING.

I THINK THAT THE, UM, REQUIRING THAT PEOPLE RESPOND TO WHAT WAS PRESENTED TONIGHT IS KIND OF, UH, UNFAIR BECAUSE EVEN YOU ARE CONFUSED BY WHAT WAS PRESENTED TONIGHT.

PEOPLE ARE SEEING THESE, UH, REQUIREMENTS FOR THE FIRST TIME TONIGHT.

UH, IT WOULD'VE BEEN NICE TO HAVE TIME TO LOOK AT THEM AT HOME, STUDY THEM, AND TO BE ABLE TO COME UP THEN WITH A RESPONSE OR QUESTIONS.

THERE'S A LOT OF CONFUSION ABOUT ATTAINING A HUNDRED PERCENT REDUCTION OFFSET AND THE BASELINE DIESEL COMBUSTION EMISSIONS.

THERE WERE LOTS OF QUESTIONS ABOUT THAT.

THAT'S VERY CONFUSING.

I DON'T THINK YOU UNDERSTAND THAT.

IT SEEMS TO ME THAT THERE'S THE HOPE THAT THOSE TRUCKS WILL ALL USE, A HUNDRED PERCENT OF THEM WILL USE THE RE RENEWABLE DIESEL FUEL.

THAT'S NOT A PROMISE.

THAT'S A BIG HOPE.

MM-HMM .

UM, THERE'S A NUMBER OF INCONVENIENT TRUTHS.

THEIR QUALITY BY THE CITY THAT THE MEASUREMENTS USED BY THE CITY WERE NOT MEASUREMENTS FROM MONITORS AND NATIONAL CITY AIR PURIFIERS WORK INDOORS.

THE FACT REMAINS THAT THE AIR QUALITY OUTDOORS IS UNSAFE.

WE SHOULD BE ABLE TO ENJOY OUR YARDS, TEND OUR GARDENS GO FOR WALKS OUTDOORS.

WE SHOULDN'T BE FORCED TO STAY INDOORS TO BE SAFE, TO AVOID POLLUTION CAUSED BY THIS PROJECT.

A PLAN THAT ALLOWS USDG FUELS TO FREELY POLLUTE OUR NEIGHBORHOODS FOR FIVE YEARS IS UNACCEPTABLE.

YOU KNOW, UM, ALSO WANTED TO MENTION ALSO THE TREES.

THEY HAD TO BE MATURE.

THEY WOULD HAVE TO BE IMMEDIATE DAY ONE.

THAT'S LIKE PUTTING A BANDAID ON A GAPING WOUND.

THAT IS THIS PROJECT.

YOUR VOTE TONIGHT WILL BE PART OF YOUR LEGACY.

WHERE DID YOU STAND WHEN IT WAS TIME TO BE AN ADVOCATE FOR OUR COMMUNITIES? THE REGION DOESN'T VOTE.

NATIONAL CITY VOTES.

OKAY.

THANK YOU.

ALICIA.

ALICIA KELLY.

FOLLOWED BY RITA CLEMENT, FOLLOWED BY DOYLE MORRISON.

HI, I AM ALICIA.

UM, SO I WANNA POINT OUT, UM, THAT TREES ARE NICE AS WELL, BUT THEY DON'T ACTUALLY ABSORB PM 2.5.

UM, THEY ONLY CATCH IT TEMPORARILY.

UM, AND THEN IT'S JUST RERELEASED INTO THE ATMOSPHERE OR IT GOES BACK INTO, INTO THE SOIL WHEN IT RAINS.

UM, AND NATIONAL CITY HAS THE HIGHEST PERCENT OF PEOPLE WITH NO HEALTH INSURANCE AND AS WELL AS THE HIGHEST PERCENT OF CHILDREN WITHOUT HEALTH INSURANCE COMPARED TO OTHER CITIES IN THE COUNTY.

THIS IS ESPECIALLY CONCERNING 'CAUSE CHILDREN FACE SPECIAL RISKS FROM AIR POLLUTION.

THEY BREATHE MORE QUICKLY AND INHALE MORE AIR RELATIVE TO THEIR SIZE WHEN COMPARED TO ADULTS.

AND KIDS NEED TO BE ABLE TO SPEND TIME OUTSIDE WITHOUT BREATHING IN HIGH LEVELS OF POLLUTANTS.

ONE FORM OF AIR POLLUTION, AS WE KNOW, IS PARTICULATE MATTER.

IT'S BAD FOR YOU 'CAUSE IT REACHES YOUR RESPIRATORY TRACT AND REACHES THE LUNGS WHERE IT CAN CAUSE IRRITATION OR WORSENING CONDITIONS SUCH AS ASTHMA.

THIS IS CONCERNING 'CAUSE THERE'S ALREADY SUCH A HIGH NUMBER OF LOCAL CHILDREN WHO GO TO THE ER FOR ASTHMA COMPARED TO THE REST OF THE COUNTY.

PARTICULATE MATTER THAT COMES FROM DIESEL IS EXTREMELY HIGH, SPECIFICALLY IN THE WESTERN PORTION OF NATIONAL CITY.

AND THIS REGION IS EXACTLY WHERE THE FUEL DEPOT IS BEING PROPOSED.

NATIONAL CITY HAS TOO MUCH AIR POLLUTION.

THIS PROPOSED FUEL DEPOT LOCATION IS UNACCEPTABLE AS IT WOULD KNOWINGLY WORSEN HEALTH OUTCOMES OF CHILDREN BEING ONE OF THE MOST VULNERABLE POPULATIONS.

THANK YOU.

THANK YOU.

UH, RITA CLEMENT, FOLLOWED BY DOYLE MORRISON, FOLLOWED BY, UH, KELVIN BARRIOS.

GOOD EVENING, MAYOR MORRISON AND COUNCIL MEMBERS.

MY NAME IS RITA CLEMENT.

I'M YOUR NEIGHBOR RESIDING IN CHULA

[02:10:01]

VISTA.

I'M A VOLUNTEER WITH SAN DIEGO THREE 50 A CLIMATE CHANGE ORGANIZATION.

I AM SPEAKING IN OPPOSITION TO THE PROPOSED USD CLEAN FUELS TRANSFER STATION PROJECT.

USDG CLEAN FUELS HAS A HISTORY OF BUILDING PROJECTS, OPERATING THEM FOR A FEW YEARS, AND THEN SELLING THEM WHAT PROMISES WERE MADE AT THE OUTSET OF THESE PRIOR PROJECTS.

IT IS ESSENTIAL THAT MORE RESEARCH BE DONE BEFORE THIS PROJECT IS IMPLEMENTED.

WERE THE PROMISES MADE BY USDG IMPLEMENTED BY THE NEW COMPANY? WHAT GUARANTEES THROUGH THE RESIDENTS OF NATIONAL CITY HAVE THAT ZERO EMISSION TRUCKS WILL REPLACE THE DIESEL EMITTING TRUCKS.

NOISE POLLUTION WILL HARM THE NATIONAL CITY RESIDENTS AND DISTURB THEIR SLEEP SCHEDULES.

WE DESERVE THOUGHTFUL ACTIONS WHEN MAKING APPROVAL DECISIONS THAT IMPACT THE RESIDENTS OF NATIONAL CITY CANCER AND ASTHMA.

STUDIES SHOW THAT THE RESIDENTS OF NATIONAL CITY ARE STRUGGLING TO SURVIVE THE IMPACTS OF AIR POLLUTION AND WATER POLLUTION AND POLLUTION OF THE LAND.

I ENCOURAGE YOU TO VOTE NO.

THANK YOU FOR LISTENING.

THANK YOU.

DOYLE MORRISON, FOLLOWED BY KELVIN BARRIOS, FOLLOWED BY ALICIA MORRISON.

GOOD EVENING CITY COUNCIL.

YOU ALL HAVE A DECISION TO MAKE WHILE FOLLOWING PROCEDURES AND REQUIREMENTS FOR DEVELOPMENT AGREEMENTS.

I'M HERE TONIGHT TO REMIND YOU OF NATURAL CITY POLICY 4 0 2, SPECIFICALLY SECTION TWO OR C TWO B THAT STATES THE CITY COUNCIL MAY NOT APPROVE THE DEVELOPMENT AGREEMENT UNLESS IT FINDS THAT THE AGREEMENT IS IN COMPLIANCE WITH THE STANDARD SET FORTH IN SECTION C ONE.

WHETHER THE DEVELOPMENT AGREEMENT IS A CONSISTENT WITH THE OBJECTIVES POLICIES, LAND USE PROGRAMS SPECIFIED TO THE GENERAL PLAN AND THE APPLICABLE SPECIFIC PLAN.

UH, B, COMPATIBLE WITH THE USES AND REGULATIONS FOR THE ZONE WHICH THE PROPERTY IS LOCATED.

C IN CONFORMITY WITH PUBLIC CONVENIENCE, GENERAL WELFARE, AND GOOD LAND USE PRACTICES D WILL NOT BE DETRIMENTAL TO HEALTH, SAFETY AND GENERAL WELFARE.

AND, UH, F OFFERS THE CITY SUBSTANTIAL BENEFIT IN EXCHANGE FOR VESTED RIGHT BENEFIT.

GRANTED TO THE DEVELOPER, THE PLANNING COMMISSION ADDRESSED MOST OF THEIR FINDINGS IN THEIR FINDINGS OF DENIAL.

HOWEVER, THE CITY DIRECTOR OF PUBLIC WORKS ACKNOWLEDGED THE DEFICIENCY OF THE BENEFIT OF THE CITY WITH A $1 MILLION REPLACEMENT OF THE RACEWAY PER MILE AND ONLY 200,000 PER YEAR BENEFIT FOR THE CITY FIVE YEARS JUST TO PAY FOR THE ROADWAY REPLACEMENT.

SO MUCH FOR, UH, AND THAT'S FOR ONE MILE SO MUCH FOR HELPING THE COMMUNITY AND A SUBSTANTIAL BENEFIT TO THE CITY.

KEY IMPLEMENTA IMPLICATIONS IS MANDATORY REQUIREMENTS.

THE CITY COUNCIL IS LEGALLY BOUND NOT TO APPROVE THE AGREEMENT IF IT IS FOUND TO BE A NON-COMPLIANT WITH THE SPECIFIC STANDARDS.

IN SECTION C, ONE FORMAL FINDING IS THE COUNCIL MUST EXPLICITLY AND FORMALLY FINE MAKE A DETERMINATION, OFTEN IN WRITING BASED ON EVIDENCE PRESENTED AT A PUBLIC HEARING THAT THE AGREEMENT MEETS ALL THE SPECIFIED STANDARDS BEFORE GRANTING APPROVAL.

CONSTRAINT AND DISCRETIONARY THE LANGUAGE LIMITS THE COUNCIL'S DISCRETION.

EVEN IF THE COUNCIL GENERALLY SUPPORTS THE PROJECT, IT CANNOT LEGALLY APPROVE IT WITHOUT THE AFFIRMATIVE FINDINGS OF COMPLIANCE WITH SECTION C ONE.

IN ESSENCE, THE AGREEMENT MUST FIRST SATISFY THE SPECIFIC CRITERIA OUTLINED IN SECTION C ONE BEFORE THE CITY COUNCIL CAN EXERCISE ITS AUTHORITY TO APPROVE IT.

IF THE STANDARDS ARE NOT MET, THE AGREEMENT MUST BE DENIED MODIFIED TO MEET THE STANDARD OR SETBACK FOR FUTURE.

RIGHT.

THANK YOU VERY MUCH.

THE CITY IS WATCHING AND TAKING NOTE.

KELVIN BARRIOS, FUTURE MAYOR.

OKAY.

AND THEN ALICIA.

OKAY.

THE RESIDENT.

KELVIN BARRIOS.

I DON'T, WE'LL GO WITH ALICIA MORRISON X FOLLOWED BY MICHELLE KRUG, FOLLOWED BY NADIA KEEN ARU.

IT'S SIMPLE.

JUST ADHERE TO THE NATIONAL CITY PLANNING COMMISSION'S DECISION.

HAVE FAITH IN THE COMMISSIONERS THAT YOU APPOINTED.

THEY LISTENED TO THE PRESENTATION, HEARD THE PUBLIC COMMENTS, THEY ASKED HARD QUESTIONS.

THEY MADE THIS EASY FOR YOU.

SO UPHOLD THE DECISION AND DENY A HARMFUL AND INTEREST PROJECT.

PUTTING CONDITIONS SUCH AS PHASING IN ZERO EMISSION VEHICLES AND TRANSPORTATIONS OF BIOFUEL.

NATIONAL CITY IS NOTHING BUT A PIPE DREAM.

WHO'S GOING TO WRITE THOSE ORDINANCES FOR ZERO EMISSIONS? TRANSPORTATION CITY COUNCIL, WHO'S GOING TO ENFORCE ZERO EMISSIONS? TRANSPORTATION? THE DEVELOPER WHO'S GOING TO IMPOSE SANCTIONS TO THE VIOLATORS THE CITY.

[02:15:01]

SECOND, THERE'S ONLY ONE SWITCHER LOCOMOTIVE IN THE STATE OF CALIFORNIA THAT RUNS ON HYDROGEN POWERED.

HYDROGEN IS THE MOST, UH, IS THE SMALLEST AND MOST ABUNDANT ELEMENT IN THE UNIVERSE.

HIGHLY EXPLOSIVE AND FLAMMABLE DUE TO ITS WIDE EXPLOSIVE RANGE.

FOUR TO 75% IN AIR.

IT HAS A LOW IGNITION ENERGY, ONE 10TH OF NATURAL GAS, GIVING IT A FAST FLAME PROPAGATION SPEED.

BY NOT UPHOLDING THE PLANNING COMMISSION'S DECISION TO DECIDE TO DENY YOU WOULD BE HURTING THE PEOPLE WHO PUT THEIR TRUST IN YOU.

SO WHY WOULD YOU NOT WANT TO UPHOLD THE PLANNING COMMISSION'S DECISION TONIGHT? BIOFUELS ARE RESPONSIBLE FOR 16% OF THE COT UH, CO2 EMISSIONS GLOBALLY, UH, MORE THAN THE FOSSIL FUELS THAT THEY REPLACE.

IT'S TAKING ON AVERAGE 3000 LITERS OF WATER TO DRIVE 100 KILOMETERS ON BIOFUEL.

DO NOT LET WHAT I'M SAYING TONIGHT, FALL ON DEAF EARS.

THINK BEYOND HARMFUL ECONOMIC DEVELOPMENT AND PUT THE PEOPLE IN NATIONAL CITY FIRST.

EACH OF YOU SHOULD BE ASKING YOURSELF, WHAT IS YOUR LEGACY THAT YOU'RE GONNA LEAVE TO PEOPLE OF NATIONAL CITY? THANK YOU.

UH, NEXT WE HAVE MICHELLE KRUG.

SEE HER, UH, NADIA TO BE FOLLOWED BY ALICIA SANCHEZ, TO BE FOLLOWED BY ALVA.

I BELIEVE IT'S, I BELIEVE HOW YOU PRONOUNCE THE NAME.

OKAY, NADIA.

GOOD EVENING, NATIONAL CITY COUNCIL.

MY NAME IS NADIA UB AND I AM THE EXECUTIVE DIRECTOR OF RAINBOW SPACES.

I'M HERE REPRESENTING THE HUNDREDS OF SOUTH COUNTY FAMILIES AND YOUTH THAT ARE PART OF OUR ORGANIZATION.

WE TEACH OUR YOUTH ABOUT INTERSECTIONALITY SO THAT THEY UNDERSTAND NOT ONLY THE BARRIERS TO THEIR SUCCESS, BUT HOW TO OVERCOME THEM.

THE YOUTH OF NATIONAL CITY ARE INTELLIGENT AND KNOW THAT HISTORICALLY THEIR COMMUNITY HAS BEEN SOLD FOR PROJECTS THAT ARE NOT EVEN CONSIDERED FOR PLACES LIKE LA JOLLA OR CARLSBAD.

THEY UNDERSTAND THAT TRADITIONALLY THE VOICES OF THEIR LEADERS HAVE NOT BEEN AMPLIFIED FOR THE BETTER OF THEIR COMMUNITY.

THEY KNOW THAT PLACING A FUEL STATION WITH HUNDREDS OF IDLING TRUCKS NEXT TO THEIR HOMES AND SCHOOLS IS SOMETHING THEIR NON-SOUTH COUNTY PEERS DO NOT HAVE TO ENDURE.

AND THEY KNOW EXACTLY WHAT THAT MEANS ABOUT HOW THE TEXAS COMPANY AND THOSE THAT VOTE FOR IT, THINK OF THEM.

WHAT IS THE SALE PRICE FOR NATIONAL CITY FAMILIES? NOWHERE CLOSE TO THE $3 BILLION PRICE TAG ATTACHED TO THE USD CLEAN FUELS WHEN IT WAS ACQUIRED LAST YEAR BY A A R PARTNERS, A PRIVATELY OWNED COMPANY WITH ASSETS EXCEEDING $5.6 BILLION.

YOU ARE THE VOICES FOR THESE YOUTH.

MANY OF YOU WERE THE YOUTH OF NATIONAL CITY.

SEND A CLEAR MESSAGE THAT NATIONAL CITY FAMILIES MATTER, THAT ALL OF THESE FAMILIES MATTER, MATTER ENOUGH FOR THEIR COMMUNITY NOT TO BE THE PLACE WHERE OUT-OF-STATE COMPANIES DUMP POLLUTANTS THEY WOULD NEVER PUT ON THEIR OWN FAMILIES.

OKAY, NEXT WE HAVE ALICIA SANCHEZ.

WE FOLLOWED BY ALBA, I BELIEVE IT IS.

UH, WE FOLLOWED BY LANCO, THE NATIONAL CITY, MARCO NATIONAL CITY.

OKAY.

DID YOU HAVE TRANSLATION PLEASE? OKAY, PLEASE.

OKAY, WE'RE WAITING FOR TRANSLATION.

LOUISA OR JESSE, I AM AGAINST THIS PROJECT BECAUSE IT WILL CONTINUE TO POLLUTE

[02:20:01]

THE AIR THAT WE BREATHE.

I AM DISAPPOINTED WITH SOME OF YOU, LIZ MOLINA, THANK YOU SO MUCH FOR SUPPORTING US AND TAKING CARE OF YOUR, THE HEALTH OF YOUR FAMILY AND RESIDENCY, NATIONAL CITY, MARCUS BUSH.

I AM VERY DISAPPOINTED AS TO HOW YOU BEING, UM, CONDUCTING THIS PROJECT.

I THINK THAT CHAIR IS A LITTLE BIG FOR YOU.

.

YOU HAVE NEVER SUPPORTED US, AND YOU ARE SHOWING THIS AGAIN BY SUPPORTING THIS BUSINESS, WHICH IS ONLY GOING TO LEAD FOR MORAL ILLNESSES IN NATIONAL CITY.

ENJOY YOUR SEAT.

JOSE RODRIGUEZ, THANK YOU SO MUCH FOR TAKING CARE OF YOUR CHILDREN AND ALL OF THE CHILDREN AT KIMBALL SCHOOL AND ALL OF THE COMMUNITY.

IF ONE DAY YOU ARE IN THIS CHAIR, DO NOT CHANGE.

DO NOT SELL YOURSELF FOR PROJECTS THAT HARM OUR COMMUNITY AS OUR MAJOR MORRISON IS DOING.

THANK YOU.

NEXT WE GO TO, UH, RO ROSA.

BE FOLLOWED BY LANCO, BE FOLLOWED BY, UH, LUIS MCCARTHY NATIONAL CITY.

MR. MORRISON, MR. BUSH, I VOTED FOR YOU GUYS AS MY REPRESENTATIVES AND THAT GIVE ME THE TRY TO DEMAND RESULTS.

YOU CANNOT DEMAND THAT I REMAIN SINUS BECAUSE IT'S MY RIGHT TO PROTEST.

THANK YOU.

OKAY.

CAN WE HAVE TRANSLATION PLEASE? SIER, LOUISA, MRS. TONIGHT.

UH, MR. MORRISON? MRS. DID.

I'M NOT GOING TO REPEAT WHAT COMMUNITY HAS BEEN ASKING FOR BECAUSE APPARENTLY YOU HAVE DECIDED FOR JUST RECEIVING PEANUTS AS A CONATION.

UM, WHERE, UM, DO YOU THINK YOU CAN CRUSH US FROM YOUR POWER POSITION? AT THE LAST MEETING, YOU LED US STANDING AS ANIMALS BECAUSE THERE WERE ENOUGH.

THERE WEREN'T ENOUGH SPACES, BUT THE COMPANY EXPRESS YOUR PROJECT FOR YOUR COMMUNITY, UM, SUPPORTED US.

THE COMMUNITY DOES NOT HAVE ENOUGH TIME TO SPEAK BECAUSE YOU SAY THANK YOU AND STOP.

YOU ARE SUPPOSED TO DO THINGS TO, UM, SUPPORT THE COMMUNITY OF NATIONAL CITY.

OKAY.

ALRIGHT.

NEXT WE GO WITH, UH, MALIK, UH, MACKEL.

POLANCO FOLLOWED BY LUISA MCCARTHY TO FOLLOWED BY JAKE.

OKAY.

OKAY.

DO YOU WANNA CLEAR THE TIMER? IT'S UP.

IT'S ON THERE.

IT SAYS 2.09.

IT'LL START WHEN YOU START SPEAKING.

OKAY.

HOW DOES IT HA HOW DOES IT FEEL TO HAVE A COMMUNITY GATHER TOGETHER IN DEMONSTRATING, FILLING UP THE PLANNING COMMISSION MEETINGS AND STAYING INTO THE WAY HOURS OF MIDNIGHT TO STAND TOGETHER STRONG TO ASK YOU TO VOTE AGAINST THIS FURTHER POLLUTION IN NATIONAL CITY? YOU, RON WILL RETIRE AND LEAVE TO MONTANA.

HOPEFULLY, WE CAN ONLY PRAY.

MARCUS, YOU HAVE MANY RESIDENTS THAT ARE PUZZLED BY YOU GIVING YOUR BACK TO THEM.

WHAT ABOUT ENVIRONMENTAL JUSTICE? THAT WAS JUST SMOKE.

YOU STAND FOR NOTHING.

YOU ARE ALL, YOU ALL WILL TERM OUT.

THOSE OF YOU WHO VOTE THIS IN, WE ARE HERE TO STAY AND WE ARE NOT OKAY WITH LIVING WITH THIS FILTH.

AIR PER PURIFIERS DO NOTHING FOR THE PEOPLE OUTDOOR OR ANYWHERE OTHER THAN THEIR HOME POLLUTION CARRIES FAR MORE THAN 300

[02:25:01]

FEET.

MR. IVY LEAGUE, TEXAS GUY, MONOTONE AS HELL.

THIS IS TERRIBLE.

AND YOU, LUIS MOLINA.

I REALLY HOPE THAT YOU REALLY DO STAND BEHIND THE PEOPLE.

AND THIS IS NOT JUST YOUR OPPORTUNITY TO GET A VOTE IN THIS NEXT ELECTION, BECAUSE WE KNOW THE MAYOR HAS MARCUS AND LU UNDER HIS SPELL.

AND SADLY, HE ONCE HAD ME.

HE'S A BUNCH OF BS AND HE DOES NOT CARE ABOUT THE CITY OF NATIONAL CITY.

ES , YOU'RE A DAMN RACIST TO THE MEXICAN PEOPLE.

AND YOU REMEMBER THAT LAST TIME.

MS. MARGARITA IS RIGHT HERE THAT YOU SAID YOU LIKE GREASY FOODS BECAUSE YOU'RE MEXICAN.

DON'T DENY IT.

SHE WAS HERE AND SO WAS THE PEOPLE AND MANY OTHER PEOPLE THAT WERE HERE TO WITNESS THAT YOU'RE A RACIST AND YOU NEED TO GET THE HELL OUT.

GOOD.

OKAY.

MICKEL, POLANCO DO WE FOLLOWED BY JAKE.

GOOD EVENING AGAIN.

I'M HERE TODAY BECAUSE I AM CONCERNED ABOUT WHAT KIND OF PROJECTS YOU'RE BRINGING INTO NATIONAL CITY.

A MILLION DOLLARS A DAY THAT THESE DEVELOPERS ARE MAKING VERSUS THE CITY MAKING $200,000 A YEAR.

IT'S REALLY, YOU'RE SELLING OUT THE PEOPLE.

IN MY OPINION, I THINK WE CAN DO A LOT BETTER THAN THAT.

NOW, WHY ARE WE DOING THIS IN THE FIRST PLACE? THERE'S OTHER OPTIONS.

WE, YOU DON'T HAVE TO TRANSPORT FUEL.

THEY HAVE THE CHOICES TO TRANSPORT SOME OTHER BUSINESS OR SOME OTHER PRODUCT.

WE DON'T HAVE TO SETTLE FOR SELLING OUT OUR CITIZENS, THE PUBLIC SAFETY, THE PUBLIC WELFARE OF OUR CITY.

WE HAVE TO MAKE BETTER CHOICES IN ORDER TO GET BETTER RESULTS AND THE TRUST OF THE PEOPLE.

YOU AS COUNCIL MEMBERS, NEED TO MAKE BETTER CHOICES.

THERE IS NO OTHER WAY.

AND YOU HAVE THE RESPONSIBILITY TO DO THAT.

AND YOU ALSO HAVE THE OPPORTUNITY TO DO THAT.

DO WHAT IS RIGHT FOR THE PEOPLE.

THE PEOPLE PUT YOU IN THOSE CHAIRS.

THEY'RE NOT ASKING FOR A WHOLE LOT.

THEY'RE JUST ASKING FOR THEIR CHILDREN AND THEIR HEALTH TO BE BETTER.

HOW WOULD YOU LIKE TO LIVE NEXT TO THAT FUELING STATION? WHEN, WHERE CARS AND TRUCKS ARE GOING THERE DAY AND AND DAY OUT? JUST TAKE A MINUTE AND THINK ABOUT, PUT YOURSELF IN THEIR SHOES FOR ONE MINUTE.

ALL THE AIR POLLUTION THAT THAT'S GONNA BE BRINGING, ALL THE GAS THAT'S GONNA BE BRINGING IN FROM THOSE FUELS THAT ARE COMING OUT IN THOSE HOMES.

THANK YOU FOR YOUR COMMENT.

PLEASE DO THE RIGHT THING.

NEXT, WE HAVE JAKE TO BE FOLLOWED BY VICTOR VALLE, I BELIEVE IT IS.

AND THEN SIMONE ANDRES.

GREAT, THANK YOU.

UM, QUICKLY, I DON'T HAVE ANY ISSUES WITH THE APPLICANT, BUT IT'S IMPORTANT TO KEEP IN MIND THAT IT'S A CORPORATION, RIGHT? IT'S A SUBSIDY OF A MAJOR CORPORATION.

THEIR ONE GOAL IS TO MAXIMIZE SHAREHOLDER VALUE.

AND THAT'S REALLY IMPORTANT TO KEEP IN MIND WHEN YOU'RE CONSIDERING WHAT THEY'RE SAYING TONIGHT, RIGHT? BUSH, YOU MENTIONED, WHAT ABOUT PEAK HOURS? YOU SAID MOST TRUCKS WILL BE DURING THIS PEAK HOURS AND THEY SAY, WE EXPECT, WE EXPECT, WE EXPECT THAT'S FLUFF.

IT'S NOT AN ENFORCEABLE CONDITION.

ASK THE CITY ATTORNEY.

THEY'RE NOT GONNA BE HELD TO IT.

OKAY? AND YOU'RE ALL HERE TO REPRESENT NATIONAL CITY, NOT THE ENTIRE REGION OF SAN DIEGO.

THAT'S ANOTHER REALLY IMPORTANT FACTOR, RIGHT? BECAUSE I'VE HEARD A LOT OF TALK ABOUT HOW THESE TRUCKS, 72 TRUCKS ARE ALREADY ON OUR STREETS.

THEY'RE ALREADY OUT ON THE STREETS.

35 MILE RADIUS.

YOU'RE TALKING ABOUT ALPINE, YOU'RE TALKING ABOUT ESCONDIDO.

THEY'RE VERY FAR.

I I GOOGLE MAPS.

DO IT.

IT'S VERY FAR.

IT'S A HUGE REGION.

THE NET, IT'S A NET NEGATIVE IMPACT FOR NASHVILLE CITY.

YOU'RE HERE TO REPRESENT US QUICKLY ON THE CONDITIONS.

NUMBER 73, WHY ONLY 50% REDUCTION OVER FIVE YEARS? WHAT ABOUT AFTER FIVE YEARS? IT'S A 30 YEAR PROJECT.

WHY NOT HAVE THEM COME BACK AND REASSESS WITH NEW TECHNOLOGIES ABOUT ZERO EMISSION? WHY JUST LET THEM BE DONE AT FIVE YEARS? UM, AND 50%, WHO'S GONNA CALCULATE THAT? THAT'S GONNA COME BACK.

IT'S GONNA BE A DISPUTE.

WHAT IF THEY DISPUTE AND YOU DISPUTE WHETHER THEY ACTUALLY MET THAT GOAL? THAT'S A HUGE ISSUE.

UP TO A HUNDRED FILTERS, THAT'S NOT THE SAME AS SAYING THEY WILL PROVIDE A HUNDRED FILTERS.

ALSO, I HAVE A LOT OF AIR FILTER DEVICES.

THEY DON'T LAST 10 YEARS, RIGHT? THEY, BUT THEY ONLY PROVIDE ONE FOR 10 YEARS.

WHAT ABOUT AFTER 10 YEARS? THEY STILL NEED FILTERS.

THEY STILL NEED AIR FILTRATION.

UM, LET'S SEE, 75.

SUPER VAGUE AS TO THE TREES.

WHAT

[02:30:01]

TYPE OF TREES, WHAT SIZE OF TREES? IT'S SUPER VAGUE.

ALL THESE CONDITIONS ARE VERY VAGUE.

THERE'S TONS OF LOOPHOLES.

THEY'RE GONNA TAKE IT.

THEY'RE SHARKS, THEY'RE CORPORATE SHARKS, AND I REALLY DON'T HAVE ANYTHING AGAINST THEM.

BUT THEY'RE ONLY CARING ABOUT MAXIMIZING SHAREHOLDER VALUE.

THESE CONDITIONS WERE PUT TOGETHER, I DON'T KNOW, HASTILY, BECAUSE THERE'S A LOT OF LOOPHOLES.

JUST LOOK AT ALL OF THEM.

UM, AND THAT'S IT.

DON'T APPROVE THIS.

IT'S NOT GONNA LEAD TO POSITIVE DEVELOPMENT IN OUR COMMUNITY.

IT'S GONNA DISCOURAGE INVESTMENT.

THANK YOU.

BECAUSE UNLIKE CHULA VISTA, WE DON'T GIVE RESORTS.

THANK YOU VERY MUCH.

STATE COLLEGES.

NEXT WE HAVE VICTOR, PLEASE.

VICTOR.

AND THEN WE HAVE, UH, SIMONE ANDRES.

HI, UH, GOOD EVENING TO ALL THE NATIONAL CITY NEIGHBOR.

UH, MY NAME IS VICTOR YE.

I'M ON DISTRICT ONE.

I'M, UH, WITH EHC AND, UH, UH, ACE.

SO, UM, I'M HERE IN, IN YOUR PRESENT TO SAY, TO VOTE NO ON THIS PROJECT.

ALSO, UM, THIS PROJECT, UH, THE APPLICANT TO THIS JOB SAYS THAT, UH, THEIR HIGH PAYING JOBS ARE COMING TO NATIONAL CITY, WHICH THEIR COMPANIES COMING FROM SOMEWHERE ELSE OTHER THAN NATIONAL CITY.

THEY'RE NOT FROM NATIONAL CITY.

PEOPLE THAT ARE COMING TO WORK AND DO THE CONSTRUCTION.

THEY'RE FROM ANOTHER CITIES AND OTHER STATES.

THE PERSON THAT IS COMING, THE, THERE'S GONNA BE THE MANAGER OR WHO IS WHOEVER'S IN THE, UH, MANAGEMENT OF THE APPLICANT IS GONNA BE IN ANOTHER CITY.

ALSO, HE FORGOT.

HE FORMAN, HE FORGET TO SAY HE, HE DIDN'T MENTION THAT.

WHILE THE COMPANY'S MAKING CLOSE $2 MILLION A DAY, NATIONAL CITY MAKES 200,000 A YEAR.

IT'S UNFAIR FOR THE CITY OF NATIONAL CITY, WHILE THE CITY GETS DESTROYED BY THE TRUCKS, NATIONAL CITY SUFFER.

THE KIDS, THE NEIGHBORS, THE ONE, THE PEOPLE THAT LIVE HERE ARE THE ONE THAT'S GONNA SUFFER.

WHILE ARE YOU GOING TO THE MEDICAL, IT'S NOT A COMMITTEE, $3 JUST TO GO AND SEE A DOCTOR.

IT'LL TAKE YOU MORE THAN THAT.

SO I URGE YOU, THE, THE PANEL NOT TO VOTE ON THIS PROJECT, VOTE NO.

AND NATIONAL CITY, PLEASE DO NOT HAVE AN FA FO MOMENT.

THIS IS NOT GOOD FOR NATIONAL CITY.

THANK YOU.

THANK YOU, VICTOR.

NEXT WE GO.

OKAY.

SIMONE ANDRES TO BE FOLLOWED BY MICHELLE KRUG.

ALRIGHT, THIS IS FINE.

OKAY.

AND AFTER THAT, FOLLOWED BY ISADORA LOPEZ.

GO AHEAD.

ALRIGHT.

ALRIGHT.

APPRECIATE YOU GUYS TIME.

UH, THANK YOU EVERYBODY FOR SHOWING UP AT CITY COUNCIL.

UM, YES, MY NAME IS SIMON ANDRESS.

I AM WITH THE ACE, UM, ORGANIZATION.

I'M BORN AND RAISED IN NATIONAL CITY.

UM, HONESTLY, THE CONVERSATIONS IN HERE MAKES ME WANT TO LIGHT A CIGARETTE WHEN I GET OUTTA HERE, .

UM, BUT, UH, AND SMOKE IT BECAUSE, YOU KNOW, THAT'S, THAT'S 10.1.

THAT'S A DIFFERENT STORY.

I APPRECIATE IT.

HOWEVER, IF WE VOTE YES ON THIS, UM, THE NEXT FIVE YEARS ARE GONNA BE WORSE.

UM, THEN IF I JUST KEPT SMOKING CIGARETTES.

AND SO, UM, ON BEHALF OF THE PEOPLE OF NATIONAL CITY, UM, PLEASE, UH, CHOOSING IN THEIR FAVOR INSTEAD OF THE PROFITS.

THERE'S PLENTY WAYS TO MAKE PROFITS IN THE CITY.

OKAY, THANK YOU.

UH, MICHELLE KRUG.

MICHELLE, YOU MIGHT WANNA GO TO THE, THE SHORTER ONE THERE, RIGHT? THAT ONE RIGHT THERE.

THERE YOU GO.

YOU'RE GOOD.

THAT'S ME.

OKAY.

TO BE FOLLOWED BY ISADORA LOPEZ TO BE FOLLOWED BY KARINA CONTRERAS, GO AHEAD.

SO I'M GONNA START WITH THAT.

I WAS HERE AND COULDN'T GET IN BECAUSE YOU HAVE THE DOORS LOCKED.

MM-HMM .

SO DISABLED PEOPLE, BLIND PEOPLE, ANYBODY COMING OFF THE BUS HAS NO WAY TO GET INTO THIS BUILDING.

I KNOCKED, I RANG THE, THERE WAS SOME KIND OF BELL AND NOBODY CAME.

SO THERE'S NO STAFF PERSON OR THEY'RE IGNORING PEOPLE.

OKAY, SO THAT'S NUMBER ONE.

THAT IS, YOU KNOW, THAT, THAT'S ABSOLUTELY AGAINST THE AMERICAN DISABILITIES ACT.

OKAY.

ALRIGHT.

NUMBER, SO I AM HERE TONIGHT BECAUSE THIS IS A REALLY BAD PROJECT FOR NATIONAL CITY ON SO MANY LEVELS.

NUMBER ONE, THE IDEA THAT OUR AIR QUALITY NUMBERS WERE BEING TAKEN FROM SHERMAN HEIGHTS BECAUSE THERE ARE ONLY NINE RIGID GOOD EPA DEVICES IN THE ENTIRE COUNTY.

I GET THAT.

BUT WE'RE GONNA BE GETTING TWO IN NATIONAL CITY BY THE END OF THIS YEAR AS A VERY MINIMUM, WE NEED TO PUT THIS PROJECT OFF UNTIL WE HAVE A MINIMUM OF SIX MONTHS OF DATA THAT CAN BE ANALYZED.

SO YOU CAN SEE HOW DIFFERENT THE NUMBERS ARE IN NATIONAL CITY THAN THEY ARE IN

[02:35:01]

SHERMAN HEIGHTS.

MM-HMM .

SHERMAN HEIGHTS IS HIGHER, IT'S GOT BREEZES, ET CETERA, ET CETERA.

MM-HMM .

THE, UM, I WOULD LIKE TO SEE THE PROJECT PUT OFF INDEFINITELY UNTIL WE ACTUALLY HAVE ZERO EMISSION VEHICLES, WHICH WE DO NOT HAVE FOR EITHER THE 72 TRUCKS COMING IN OR FOR ALL OF THE RAIL ENGINES.

UM, THE DETA SAID AT THE LAST MEETING THAT SHE WAS AFRAID THAT IF WE DID NOT ACCEPT THIS, THEN THE COUNCIL WOULD NOT BE AT THE TABLE.

I HAVE TO TELL YOU, THE COUNCIL WILL BE AT THE TABLE NO MATTER WHAT.

YOU GET TO SAY NO TO MORE AIR POLLUTION.

YOU GET TO SAY NO TO EXCHANGING ENVIRONMENTAL CLEAN ENERGY, WHICH I LOVE, BUT NOT AT THE EXCHANGE RATE OF MORE DIRTY AIR.

WE, WE CAN'T AFFORD THIS IN OUR COMMUNITY AND $200,000.

THANK YOU FOR YOUR COMMENT.

THANK, THANK YOU.

MICHELLE IS SUCH A PITTANCE.

YOU SHOULD BE ASKING FOR A MILLION.

OKAY.

THANK YOU.

IS ADORA LOPEZ TO BE FOLLOWED BY CORINA CONTRERAS TO BE FOLLOWED BY MAGGIE MORALES? HELLO, MY NAME IS RA LOPEZ.

I'M A COMMUNITY ORGANIZER WITH THE ALLIANCE OF CALIFORNIANS FOR COMMUNITY EMPOWERMENT OR ACE FOR SHORT.

UM, I THINK THIS IS A REALLY SIMPLE MATTER OF, WE NEED TO PUT PEOPLE OVER BILLIONAIRES, UM, AND WE NEED TO PUT PEOPLE OVER PROFITS.

UM, THIS IS OBVIOUSLY JUST A CORPORATION THAT'S NOT EVEN FROM NATIONAL CITY.

AND THEN MEANWHILE, LIKE, HERE'S ALL OF THESE NATIONAL CITY RESIDENTS WHO HAVE BEEN TURNING OUT AGAIN AND AGAIN AND AGAIN.

UM, AND WHO ARE YOU GUYS WILLING TO LISTEN TO? YOUR RESIDENTS, WHO YOU'RE SUPPOSED TO REPRESENT, OR A CORPORATION FROM TEXAS.

UM, AND IT REMINDS ME A LOT OF THE WAY THAT THE CITY COUNCIL, UM, IN THE PAST AND CURRENTLY, YOU KNOW, TENDS TO PUT CORPORATE LANDLORDS OVER THE NEEDS OF A CITY THAT IS 70% RENTERS.

SO I DON'T THINK IT'S DISCONNECTED THAT THE ISSUES THAT PEOPLE ARE REALLY STRUGGLING WITH RIGHT NOW, LIKE THEIR RENT GETTING INCREASED.

I TALKED TO SOMEONE TODAY, TODAY WHO GOT A $700 RENT INCREASE.

THAT'S A COULD, COULD, COULD YOU SAY, YOU SAY THE SUBJECT THAT WE'RE ON MM-HMM .

THIS IS CONNECTED TO THE SUBJECT.

SO SHE GOT A $700 RENT INCREASE AND THESE ARE THE ISSUES YOU GUYS SHOULD BE THINKING ABOUT.

I TALKED TO SOMEONE THE OTHER DAY WHO WAS FULLY DISABLED.

HE HAD COCKROACHES CRAWLING ACROSS HIS BODY BECAUSE HE COULDN'T DO ANYTHING ABOUT IT.

AND THOSE ARE THE ISSUES THE CITY COUNCIL SHOULD BE TALKING ABOUT RIGHT NOW.

OKAY.

NOT WASTING YEARS TALKING ABOUT A FUEL TRANSFER STATION THAT THE COMMUNITY OBVIOUSLY DOES NOT WANT.

LISTEN TO THE PEOPLE, PUT PEOPLE OVER BILLIONAIRES, PUT PEOPLE OVER PROFITS.

THANK YOU CORINA.

MAGGIE MORALES.

AND THEN IT LOOKS LIKE GRACE ROJAS.

I CAN'T QUITE READ THAT.

I THINK IT'S JIM MENACE, BUT I'M NOT A HUNDRED PERCENT SURE.

OKAY, GO AHEAD.

UH, THANK YOU SO MUCH.

MY NAME'S KARINA CONTRERAS.

I'M A POLICY ADVOCATE WITH CLIMATE ACTION CAMPAIGN AND I'M HERE IN THAT CAPACITY AND IT JUST, THERE'S SO MANY COMMENTS THAT HAVE MADE, BEEN MADE BY THE PUBLIC.

UM, BUT I WANNA HONE IN ON SOMETHING THAT HASN'T REALLY BEEN TALKED ABOUT ENTIRELY.

AND THAT'S THE CONDITIONAL USE PERMIT.

THAT REGARDLESS OF THIS BEING A QUASI-JUDICIAL DECISION, THE COUNCIL HAS THE ABILITY TO DENY ON THE CONDITIONAL USE PERMIT.

UH, THIS IS NOT A BY RIGHT DESIGN, SO YOUR HANDS ARE NOT TIED.

THIS IS UP TO YOU AND YOUR'RE HEARING FROM THE PUBLIC.

THEY DON'T WANT THIS.

THERE'S NO AMOUNT OF AIR PURIFIERS OR TREES THAT CAN REMOVE THE TOXICITY THAT THIS REFUELING STATION WILL BRING TO NATIONAL CITY.

THERE'S INDEPENDENT GROUNDS TO DENY THE CUP.

THE COUNCIL CAN DENY ON DISCRETIONARY GROUNDS IF THERE'S SUBSTANTIAL, SUBSTANTIAL EVIDENCE IN THE RECORD TO SUPPORT THIS.

AND THERE IS, WE SEE A LOT OF INCONSISTENCIES.

DON'T LET A GOOD NIGHT LIKE TODAY WITH SO MUCH GOOD NEWS AROUND THE COUNTRY, GO TO WASTE, MAKE THE RIGHT DECISION.

LET'S MOVE FORWARD AND LET'S MAKE SURE THAT THERE'S NOT MORE TOXICITY AND AIR POLLUTION IN THIS COMMUNITY.

IT'S NOT OKAY.

AND THAT DECISION IS IN YOUR HANDS.

DENY THIS PROJECT, PLEASE.

OKAY, MAGGIE.

UH, MORALES FOLLOWED BY GRACE ROJAS.

I THINK IT'S JIMENEZ.

AND FOLLOWED THEN BY JAMIE ESELLA.

GOOD EVENING.

WELL, WE'RE HERE AGAIN.

.

THERE YOU GO.

CITY COUNCIL MEMBERS.

I'M HERE ON BEHALF OF MY MOM, MARGARITA GARCIA, WHO'S UNABLE TO COME TODAY, WHO'S BEEN A RESIDENT OF NATIONAL CITY FOR OVER 25 YEARS.

I'M MUTUAL VISTA RESIDENT, BUT I SPENT A LOT OF TIME HERE, NATIONAL CITY, DOING ACTIVITIES IMPORTANT, SPENDING TIME WITH MOST IMPORTANT SPENDING TIME WITH MY MOM.

I'M STILL FEELING REALLY CONCERNED ABOUT YOUR, THE USEG FIELDS OPENING UP THEIR BUSINESS ON THE WEST SIDE WHILE THE

[02:40:01]

PROJECT IS REDUCING THE OVERALL IMPACT AIR QUALITY IN THE REGION, BUT IT WILL BE CONCENTRATING IN NATIONAL CITY.

THE DATA USED FOR THIS STUDY USES, UM, INFORMATION FROM ANOTHER COMMUNITY THAT DOES NOT HAVE THE SAME LAYOUT AS THE WEST SIDE.

WE ALREADY BREATHE SOME OF THE WORST AIR IN THE PROJECT WILL MAKE OUR AIR QUALITY WORSE.

PLEASE TAKE IN CONSIDERATION THE FUEL STATION WILL BE SO CLOSE TO KIMBALL ELEMENTARY SCHOOL AS CHILDREN'S LUNGS ARE STILL DEVELOPING.

THEY WILL BE EXPOSED TO MORE POLLUTION DUE TO THE DIESEL TRUCKS COMING IN AND ALSO GOING TO HAVE DEAL WITH THE NOISY TRAIN.

I WAS VERY PLEASED WITH THE PLANNING COMMISSION DECISION WHO VOTED NO.

ALSO ON COUNCIL MEMBERS MOLINA AND JOSE RODRIGUEZ, WHO AGREE THAT THEY DO NOT WANT THIS TYPE OF BUSINESS NO MORE BREAK THE SEAL, BREAK THE BREAK THE, UH, CYCLE LIKE THE, UH, MENTA SAID.

AND, UM, I'M REALLY HOPING YOU VOTE NO ON THIS DANGEROUS POLLUTING PROJECT.

FOR THE SAKE OF EVERY CHILD'S HEALTH, THEY DESERVE TO BREATHE CLEAN AIR.

IT IS THEIR RIGHT.

LIKE MOM SAID LAST MONTH, WE'VE BEEN CLEANING UP THE WEST SIDE NATIONAL CITY AND DOING SO WELL THESE PAST FEW YEARS.

BUT NOW THIS BUSINESS WANTS TO OPEN UP HERE.

NO , IT'S NOT FAIR.

SO I HOPE TO DO SAY NO.

THANK YOU.

THANK YOU VERY MUCH.

MAGGIE GRACE, ROJAS EZ I BELIEVE IT IS, UH, JAIME, UH, JAIME OR JAMIE, UH, ESELLA, AND THEN BY JOSEPH CRAWFORD.

HI, NAME.

MY NAME IS GRACE VICTORIA RO JIMENEZ.

UM, AND I WAS RAISED IN NATIONAL CITY.

I AM AN ACE MEMBER AND I WANNA SAY THAT THIS IS RIDICULOUS.

I DON'T KNOW WHY WE'RE EVEN, UM, HAVING THIS ARGUMENT ON WHETHER WE SHOULD OR WE SHOULDN'T HAVE THIS FUEL BECAUSE WE DON'T NEED IT.

THIS IS A GENOCIDE, THIS IS A SLOW GENOCIDE FOR THE PEOPLE OF NATIONAL CITY AND FOR THE CHILDREN OF NATIONAL CITY.

AND THAT'S A SHAME TO EVEN SAY THAT.

I MEAN, THIS IS KUMEYAAY TERRITORY AND FOR IT TO BE, UM, HANDLED IN THIS WAY, IT'S RE IT'S, IT'S DISGUSTING.

AND, UM, YEAH, AS A SOMEONE WHO IS A RENTER AND KNOWING THAT OUR, UM, STRUGGLE IS INTERCONNECTED, UM, WE ARE NOT ONLY FACING STRUGGLES WITH RENT, WE'RE ALSO NOW GONNA, IF WE THIS GETS PASSED, WE'RE GONNA BE STRUGGLING ENVIRONMENTALLY WITH THIS CANCEROUS WITH LUNG CANCER, WITH EVERYTHING THAT DOESN'T STAND, THAT SHOULDN'T BE STANDING.

THIS IS AN ENVIRONMENTAL INJUSTICE.

AND IF YOU PASS THIS, WE ARE GOING TO NOT, WE'RE NOT GONNA ACCEPT THAT.

SO THAT'S ALL I'M GONNA SAY.

AND YEAH.

OKAY.

THANK YOU.

UH, NEXT WE GO TO, UH, HOW MUCH YOUR SERVICE, JAMIE OR JAIME? IS IT JAMIE? JAMIE.

JAMIE.

OKAY.

ELLA.

FOLLOWED BY JOSEPH CRAWFORD, FOLLOWED BY CHARLES.

I THINK IT'S RILEY.

R-I-L-L-I.

OKAY.

UH, YOU YOU, YOU PROBABLY NEED TO GO THE ONE THAT'S THE RED LIGHT'S ON.

YES.

OH, MY APOLOGIES.

NO PROBLEM.

OKAY.

HI, MY NAME IS JAMIE AND I'M AN ACE MEMBER.

WE SHOULD CONTINUE TO LISTEN TO THE STORIES AND DEMANDS OF THE RESIDENTS OF NATIONAL CITY.

THE DEMAND TO NOT CONTINUOUSLY ADD TO THE CONCENTRATION OF POLLUTION THAT IS ALREADY AFFECTING OUR ENVIRONMENT AND COMMUNITY.

WHY ARE WE PUTTING CORPORATE GREED OVER OUR COMMUNITY NEED? YOU KNOW WHAT? THE RESIDENTS OF NATIONAL CITY REALLY NEED PROTECTION FROM HARASSMENT FROM THE LANDLORDS TO THE POLLUTION IN OUR ENVIRONMENT.

PLEASE DON'T DIS DISREGARD OUR HEALTH, OUR WELLBEING, AND OUR LIVELIHOOD.

THANK YOU.

THANK YOU.

UH, NEXT WE HAVE JOSEPH CRAWFORD.

I SAW HIM HERE EARLIER.

DON'T SEE HIM AT THE MOMENT.

UH, CHARLES AND THEN, UM, FRANCISCO HERNANDEZ, AND AFTER THAT, ABIGAIL SYLVESTER.

GOOD EVENING.

MY NAME IS CHARLES RELEY AND I'M HERE ON BEHALF OF THE 13,000 MEMBERS OF THE SAN DIEGO CHAPTER OF THE SIERRA CLUB.

THE NATIONAL CITY USD FUEL DEPOT WOULD BRING UP TO 72 HEAVY DUTY DIESEL TRUCKS THROUGH NEAR NEARBY NEIGHBORHOODS AND AN ELEMENTARY SCHOOL.

THE EIR IS DEEPLY FLAWED.

IT USES DATA FROM A COMMUNITY THAT DOES NOT RESEMBLE WESTSIDE NATIONAL CITY IS, IS INADEQUATE AND MUST BE REDONE WHILE THE COMPANY CLAIMS REGIONAL AIR QUALITY BENEFITS.

THE PROJECT CONCENTRATES POLLUTION RIGHT HERE IN A COMMUNITY ALREADY SUFFERING FROM SOME OF THE WORST AIR POLLUTION IN CALIFORNIA SIERRA CLUB'S POSITION IS CLEAR.

WE SUPPORT CLEAN AIR FOR ALL RESIDENTS.

THAT MEANS WE MUST CONTINUE THE ELECTRIFICATION AND TRANSITION TO ZERO EMISSION TRUCKS, NOT MORE DIESEL TRUCKS IDLING BESIDES HOMES AND SCHOOLS.

SIERRA CLUB SAN DIEGO IS FOCUSED ON LOWERING AIR EMISSIONS AND HEAVY DUTY TRUCKS THAT HARM OVERBURDENED COMMUNITIES, INCLUDING THE PORT SIDE.

COMMUNITIES LIKE THIS ONE, 100% CARBON

[02:45:01]

OFFSETS ARE NOT REGULATED.

AND THE CALIFORNIA SUPERIOR COURT RULED IN 2018 THAT OUT OF COUNTY OFFSETS ARE NOT VIABLE UNDER CA BECAUSE THEY'RE UNENFORCEABLE SIERRA CLUB VERSUS COUNTY OF SAN DIEGO.

AS A REFERENCE, WE KNOW 100 TREES WILL NOT BE ENOUGH TO OFFSET THE INCREASED AIR POLLUTION.

AND 100 AIR PURIFIERS ARE ALSO NOT ENOUGH FOR THE OVERBURDENED COMMUNITIES.

CALIFORNIA'S AB 617 PROGRAM WAS DESIGNED TO REDUCE EMISSIONS IN OVERBURDENED NEIGHBORHOODS.

YET THIS PROJECT WOULD UNDERMINE THAT WORK.

LET'S BE CLEAR.

NATIONAL CITY IS NOT A DUMPING GROUND.

SOUTH COUNTY DESERVES CLEAN AIR, NOT MORE DIESEL POLLUTION.

THIS PROJECT IS IRRESPONSIBLE, UNJUST, AND SHOULD BE DENIED.

THANK YOU.

OKAY, NEXT WE GO WITH, UH, FRANCISCO HERNANDEZ AND ABIGAIL SYLVESTER.

THEN DR.

LEAN ANGELA BRADY HERNANDEZ TRANSPORT.

THANK YOU.

AND ONE MORE THING.

YOU GUYS GONNA MAKE A BIG MISTAKE IF YOU LET THIS GUYS COME IN ON OUR CITY.

OKAY, THANK YOU.

CAN WE HAVE TRANSLATION PLEASE? JESSE? MY NAME IS FRANCISCO HERNANDEZ.

I HAVE LIVED IN NATIONAL CITY FOR OVER 10 YEARS.

TODAY I AM HERE TO ASK FOR YOU TO SAY NO TO THIS PROJECT.

DO NOT ALLOW THEM TO COME TO OUR COMMUNITY BECAUSE THE TRUCKS AND THE, THE, THE TRAINS THAT ARE GOING TO TRANSPORT FUEL ARE GOING TO POLLUTE MY COMMUNITY EVEN MORE.

WE KNOW THAT THEY'RE ASKING FOR THEM TO FOLLOW OR COMPLY WITH CERTAIN CONDITIONS, BUT EVEN IF WE PLANT TREES AND WE BRING MORE AIR PURIFIERS, THIS IS NOT GOING TO BE ENOUGH TO REDUCE POLLUTION BECAUSE WE ALREADY HAVE A LOT OF TRUCKS CIRCULATING NEAR BY WHERE WE LIVE.

AND THAT IS WHY WE ARE HERE TONIGHT TO ASK THAT THIS BUSINESS IS NOT ACCEPTED, SO THAT WE DON'T HAVE MORE POLLUTION IN OUR CITY.

WE ASK YOU TO PLEASE LISTEN TO US AND HELP US PROTECT OURSELVES AGAINST POLLUTION, ESPECIALLY IN BENEFIT OF OUR CHILDREN AND OLDER ADULTS IN OUR COMMUNITY.

THANK YOU.

OKAY, THANK YOU VERY MUCH.

NEXT WE GO WITH, UH, ABIGAIL.

BE FOLLOWED BY DR.

LEAN ANGELA BRADY.

BRADY BE FOLLOWED BY, UH, UH, EMMANUEL AND GOOD EVENING.

I'D LIKE TO BEGIN WITH A SIMPLE BUT CRITICAL TRUTH.

EVERY DECISION MADE BY THIS COUNCIL SHOULD UPHOLD THE HEALTH, SAFETY, AND WELLBEING OF THE RESIDENTS IT SERVES.

APPROVING THIS PROJECT, KNOWING IT WOULD FURTHER DEGRADE LO LOCAL AIR QUALITY WOULD NOT FULFILL THAT RESPONSIBILITY.

I ACKNOWLEDGE THE NEW CONDITIONS THAT THE APPLICANT HAS AGREED TO, BUT I DO NOT BELIEVE THESE THESE TO BE SUFFICIENT.

AS I EXHAUST COMMENTS FROM EARLIER, RESIDENTIAL AIR FILTRATION SYSTEMS DO NOT ADDRESS THE AIR QUALITY IMPACT ON SCHOOLS.

COMMUNITY SPACES AND PUBLIC LAND, TREES ARE NOT A GUARANTEED SOLUTION.

AND THEY LEAVE MANY QUESTIONS.

WHERE WILL THEY BE PLANTED? WILL THEY BE SUFFICIENT AID FOR SEQUESTERING? I BELIEVE THAT NATIONAL CITY HAS A CHANCE HERE TO

[02:50:01]

BE AN EXAMPLE FOR OTHER SOUTH COUNTY COMMUNITIES.

BY LISTENING TO YOUR RESIDENTS AND PRIORITIZING CLEAN AIR AND THEIR HEALTH OVER THE INTERESTS AND PROMISES OF OUTSIDE APPLICANTS, YOU ARE SETTING A POWERFUL PRECEDENT IN COMMUNITY FIRST DECISION MAKING AT THE TIME.

RIGHT NOW, WHEN OUR HEALTHCARE SYSTEM IS ALREADY STRAINED AND FAMILY STRUGGLE WITH ACCESS TO AFFORDABLE CARE, RESIDENTS SHOULD NOT HAVE TO WORRY ABOUT EVEN THE POSSIBILITY OF WORSENING AIR QUALITY AND THE HEALTH BURDENS THAT COME ALONG WITH IT.

THESE ARE BURDENS THAT CAN AND SHOULD BE PREVENTED WITH THOUGHTFUL POLICY.

I AGAIN, URGE YOU TO SET AN EXAMPLE FOR OTHER CITIES BY DENYING THIS REQUEST IN STANDING WITH YOUR COMMUNITY.

SHOW THAT THE HEALTH AND SAFETY OF RESIDENTS COMES BEFORE THE INTERESTS OF OUTSIDE DEVELOPERS.

THANK YOU.

THANK YOU.

UH, LEAN ANGELA BRADY, UH, FOLLOWED BY MANUEL ANDRA.

WE FOLLOWED BY EDWARD NIETO.

GOOD AFTERNOON, COUNSEL MAYOR.

UM, I'M DR.

LEAN ANGELA BRADY, SUPERINTENDENT OF THE NATIONAL SCHOOL DISTRICT.

AND I DID HEAR THE PLEA NOT TO REPEAT COMMENTS, UH, BECAUSE WE DO APPRECIATE THE FACT THAT YOU HAVE BEEN LISTENING TO YOUR COMMUNITY.

UM, TONIGHT I'M JOINED WITH OUR PRINCIPAL FROM KIMBALL ELEMENTARY SCHOOL, PARENTS FROM KIMBALL ELEMENTARY SCHOOL, TEACHERS FROM KIMBALL ELEMENTARY SCHOOL ADMINISTRATORS FROM THE DISTRICT OFFICE AND A BOARD MEMBER.

UM, JUST TO, UH, REITERATE THAT WE HAVE THANK, WE WANNA THANK THE CITY FOR BEING GREAT PARTNERS IN ALL THAT YOU DO TO PROTECT NATIONAL CITY.

UM, ONE THING THAT WE'RE GOOD AT IN A SCHOOL DISTRICT IS MATH.

AND I JUST WANNA POINT OUT THAT 100% OF THE COMMENTS HERE TONIGHT ARE URGING YOU TO DENY THE APPEAL.

SO A WISE MENTOR ONCE TOLD ME THAT, UM, IN SCHOOL DISTRICTS WHEN WE HAVE TO MAKE DECISIONS AND THEIR DIFFICULT DECISIONS TO MAKE, PUT CHILDREN AT THE CENTER OF YOUR DECISION AND WHATEVER DECISION YOU MAKE IS CORRECT.

SO WHEN YOU MAKE YOUR DECISION TONIGHT, WE ARE ASKING YOU TO DENY THE FUEL STATION AND PUT CHILDREN AT THE CENTER OF THAT DECISION.

THANK YOU.

OKAY, THANK YOU.

NEXT WE GO TO EMMANUEL AND IF FOLLOWED BY ED NIETO.

AND TED, THE REASON I DIDN'T CALL YOU UNDER GENERAL COMMENT IS 'CAUSE YOU FILLED OUT TWO SLIPS FOR 10.1, UH, TWO.

SO ANYWAY, BUT YOU, YOU'LL BE NEXT AFTER THAT.

UH, GOOD AFTERNOON COUNCIL MEMBERS.

UH, GOODNIGHT.

UH, NOW MANUEL, THE NATIONAL CITY COALITION FOR BETTER HEALTH.

UH, I'M HERE.

YOU KNOW, SIMPLE REQUEST FROM THE COMMUNITY.

PLEASE LISTEN.

DOESN'T MATTER IF IT'S A TOBACCO INDUSTRY, DOESN'T MATTER IF IT'S A, UH, A HOUSING INDUSTRY.

DOESN'T MATTER IF IT'S A FUEL INDUSTRY.

THEY WANT THEIR SHARE.

THEY DON'T CARE ABOUT COMMUNITIES.

I'VE BEEN WORKING FOR THE LAST 20 PLUS YEARS HERE IN THIS AREA, AND WE'RE NOT NUMBER ONE ON SPORTS OR ANY OF THAT.

WE'RE NUMBER ONE OF EMERGENCY ROOM VISITS FOR ASTHMA.

RATES ARE HIGHER THAN EVER.

JUST 20, WHAT? 25 YEARS AGO.

UH, 30 YEARS AGO, THEY OPENED THE 15 FREEWAY WITH THE PROMISE THAT THESE FREEWAY WAS GOING TO, UH, CONNECT THE NORTH AND THE SOUTH FOR JOBS AND ALL THAT GOOD STUFF.

THEY WERE GOING TO, UM, UH, THEY PROMISED TO HAVE PUBLIC TRANSPORTATION.

IT TOOK 25 YEARS FOR THE CITY TO MAKE THAT HAPPEN.

THEN NAFTA OPENED.

THEY WANT ALL THE TRACKING TO GO THROUGH THE 15.

LIKE WE DON'T HAVE A PROBLEM WITH, UH, HEALTH, UH, UH, RESPIRATORY ISSUES WITH KIDS AND, AND FAMILIES AND OLD PEOPLE.

IT'S JUST AMAZING HOW THE INDUSTRIES DO NOT CARE.

PLEASE LISTEN TO THE RESIDENTS.

NO, DO NOT LISTEN TO THE INDUSTRIES.

THANK YOU VERY MUCH.

OKAY, NEXT WE HAVE EDWARDO, FOLLOWED BY TED GODSHAW TO BE FOLLOWED BY CYNTHIA FULLER ES.

UH, AND I WASN'T SURE WHETHER I WAS GONNA SAY ANYTHING.

EVERYBODY SAID A LOT, BUT WHAT I WANTED TO SAY IS THAT, UM, I'M A LITTLE, UM, WHAT WAS SAID BY THE APP BARRY SAID TO CONCENTRATE ON WHAT THE APPLICANT SAID TODAY.

I LISTENED TO THAT AND I GOTTA TELL YOU, IT WAS COMPLICATED.

I DIDN'T FOLLOW IT AND I SUSPECT A LOT OF PEOPLE IN THE CROWD DIDN'T FOLLOW IT.

AND I LOOK AT YOUR EYES AND THE QUESTIONS THAT YOU HAD, I DON'T THINK YOU GUYS EVEN FOLLOWED IT.

.

SO, SO, YOU KNOW, I WELCOME.

I WASN'T SURE ABOUT WHETHER YOU'RE GONNA AS GOOD I DID TO HAVE A SECOND MEETING.

BUT IN THE ANALYSIS OF WHAT WAS SAID TODAY, IT MIGHT HAVE REINFORCED WHAT WAS SUSPECTED ALREADY.

THAT YOU GUYS DON'T HAVE

[02:55:01]

ENOUGH INFORMATION HERE TO MAKE A DECISION.

AND THAT MIGHT BE A REAFFIRMED POSITION TO SAY, BASED ON THAT LACK OF INFORMATION, YOU SHOULD MAKE A NO DECISION ON THIS.

'CAUSE IF YOU'RE GONNA ERR, ERR ON THE SIDE OF SAFETY FOR THE CHILDREN, THAT'S MY OKAY.

UH, TED GOTCH, WE FOLLOWED BY CYNTHIA FULLER QUINONES FOLLOWED BY GLORIA NIETO.

MR. BUSH HAS NEGOTIATED THESE CONDITIONS WE SEE TONIGHT, BUT YOU ALL DID NOT APPOINT HIM TO MEET WITH THE DEVELOPER AND BRING BACK A PACKAGE LIKE THIS.

WE WILL NOT MAKE PROGRESS AS A COMMUNITY.

IF WE HAVE LEADERS WHO MAKE DEALS AND ACCEPT PROJECTS LIKE WE HAVE SUFFERED WITH FOR THE LAST 100 YEARS.

WE DON'T BELIEVE YOU WILL ENFORCE TRUCK ROUTES OR IDLING LAWS.

AND ARE YOU GONNA SEND SOMEONE TO TAKE A TEST DIP IN THE TRUCK'S TANK TO SEE WHAT KIND OF FUEL IT'S RUNNING? MR. BUSH DIDN'T MEET WITH THE COMMUNITY IN A MEANINGFUL WAY SINCE THE LAST MEETING, AND THAT'S INSULTING YOU.

SPEAK FOR YOURSELF, MR. BUSH, BUT YOU USE STAFF TO GET YOUR POINTS INTO THIS AGREEMENT.

AND NOW WE HEAR THOSE POINTS ARE DEEPLY FLAWED.

TOUCHING ON THE CONDITIONS FIRST, PHASING IN, YES, THAT MEANS A LOT OF POLLUTION NOW FOR THE PEOPLE WHO LIVE HERE.

NOW, MR. BUSH, IT KINDA LOOKS LIKE YOU'RE TRYING TO DRIVE OUT MCKINLEY APARTMENTS THAT INSULTS US.

AIR FILTERS.

OMG CLEAN AIR INSIDE, BUT NOT FOR WALKING TO SCHOOL.

YOU'VE HEARD IT FROM THE OTHER PEOPLE.

I DON'T NEED TO REPEAT IT.

TREES.

YOU'VE HEARD THIS BEFORE.

AGAIN.

ALSO, I THOUGHT THESE WERE IMPORTANT AND SO DID THEY.

THE CITY CANNOT MAINTAIN ITS CURRENT URBAN LANDSCAPE.

TREE CUTTING IS A CHALLENGE.

THE NUMBER OF TREES NEEDED IS UNREALISTIC AND THE SCIENCE AND THE CALCULATIONS CAN BE VAGUE, BUT ASTHMA IS REAL.

THERE ARE NO CONDITIONS THAT ARE ACCEPTABLE.

AFFIRM THE PLANNING, COMMISSION'S, DENIAL.

TRY BUILDING COMMUNITY RATHER THAN BUILDING YOUR PERSONAL AND REGIONAL RESUME.

OKAY, NEXT WE HAVE CYNTHIA FULLER.

UH, KENON IS FOLLOWED BY GLORIA NIETO, FOLLOWED BY AMY CASTANEDA.

GOOD EVENING MAYOR.

CITY COUNCIL MEMBERS, CITY STAFF AND ALL TAKING THEIR TIME TO BE HERE TONIGHT.

IN PERSON AND ONLINE.

MANY OF YOU KNOW ME, CINDY QUINONES, A LOCAL RESIDENT LANDLORD, REGULAR SOUTH SAN DIEGO HEALTH ADVOCATE AND THE CITY'S TRAFFIC, UH, CITY TRAFFIC COMMISSIONER.

REGARDING THE FUEL TRANSFER FACILITY, I STRONGLY URGE YOU TO REJECT THE COMPANY'S APPEAL AND UPHOLD THE PLANNING DECISION BEYOND ALL PREVIOUSLY STATED REASONS.

NEW ONES INCLUDE THE FOLLOWING.

ONE LAST MEETINGS CONTINUANCE WAS DONE FOR, UH, EXPLORATION OF ZERO, UH, EMISSION OBJECTIVES.

DESPITE CONSIDERABLE RESEARCH TOGETHER WITH OTHERS, ALL OF US HOPING FOR POSITIVE FINDINGS, NOT ONE OF US COULD FIND ANY BASIS IN REALITY THAT ZERO EMISSIONS COULD ACTUALLY BE ACHIEVED, AT LEAST NOT WITHIN A 10 YEAR HORIZON.

EXACTLY THE OPPOSITE.

ZERO EMISSION ACHIEVEMENTS ARE MORE UNREALISTIC AND DISTANT WITH EACH FEDERAL FUNDING CUT FOR ENVIRONMENTAL ENVIRONMENTALLY FRIENDLY OPTIONS.

TONIGHT'S PRESENTATION OF ADDITIONAL CONDITIONS SUPPORTS THE CONCLUSION THAT ZERO EMISSIONS ARE NOT ACHIEVABLE WITH THIS PROJECT.

THE ADDITIONAL CONDITIONS ARE NOT SUFFICIENT FOR PROJECT APPROVAL.

SECOND, PUBLIC COMMENTS IN THE LAST MEETING CITED NASCO NEEDS FOR BIOFUEL.

IN RESEARCHING THESE, WE WERE REMINDED THAT DIRECTLY ADJACENT TO NASCO ARE TWO EXISTING FUEL TERMINALS OPERATED BY CHEVRON AND MARATHON.

BOTH COMPANIES ARE POTENTIAL BIOFUEL SUPPLIERS.

THESE EXISTING FUEL TERMINALS EACH WITH DIRECT BNSF ACCESS ALSO HAVE PIPELINE AND MARINE SUPPLY OPTIONS AND SEEM FAR BETTER SITUATED TO THE LARGEST SAN DIEGO USERS OF BIOFUELS THAN THE ONE PROPOSED HERE, GIVEN THE OVERWHELMING THIRD, UH, GIVEN THE OVERWHELMING COMMUNITY OPPOSITION EXPRESS.

THANK YOU FOR YOUR COMMENT.

THANK YOU.

ALRIGHT, WE HAVE GLORIA GITO, FOLLOWED BY AMY CASTANEDA, FOLLOWED BY DEMAR GONZALEZ.

HELLO, MY NAME IS GLORIA NIETO AND I'VE LIVED IN NATIONAL CITY FOR 78 YEARS AND ON THE WEST SIDE FOR MY FIRST 18 YEARS.

AND I WENT TO KIMBALL SCHOOL AND I HATE TO SEE THE KIDS AT KIMBALL SCHOOL HAVING THOSE 70 TRUCKS WITH FUEL GOING BY, EVEN IF IT'S FROM

[03:00:01]

SIX IN THE MORNING TO SIX AT NIGHT.

THAT WOULD YOU GUYS WANT YOUR KIDS THERE? WOULD YOU LIKE TO LIVE IN THE WEST SIDE RIGHT NOW? IF THEY'RE GONNA HAVE THIS DONE AND ALL THE CITY OF NATIONAL CITY IS GOING TO GET IS $200,000, NOT EVEN A MILLION DOLLARS IS ENOUGH FOR THE HEALTH HAZARDS THAT IT'S GOING TO DO FOR OUR RESIDENTS IN OTNC.

AND I AM REPRESENTING THE NATIONAL CITY O TOWN NATIONAL O TOWN NATIONAL CITY COMMITTEE.

WELL, WE'RE A FOUNDATION NOW AND 80% OF OUR MEMBERS WERE RAISED IN OT AND C AND WE HAVE A VERY GOOD PROGRAM WHERE WE RAISE MONEY FOR THE RESIDENTS AND WE DON'T WANNA RAISE MONEY TO NOT HAVE THIS PROGRAM, THIS FUEL PROGRAM PLACED IN OT AND C.

PLEASE, ALL FIVE OF YOU VOTE NO, PLEASE.

OKAY, WE HAVE AMY CASTANEDA, FOLLOWED BY DEMARS GONZALEZ, FOLLOWED BY MARGARITA MORENO.

UH, HI EVERYONE.

GOOD EVENING MAYOR AND COUNCIL MEMBERS.

MY NAME IS AMY CASTANEDA AND I'M THE ASSOCIATE DIRECTOR OF POLICY WITH THE ENVIRONMENTAL HEALTH COALITION.

BEFORE I GO INTO MY COMMENTS, I WANNA POINT OUT THAT THERE WERE SOME INCONSISTENCIES, MAYBE SOME, UH, ISSUES IN THE AGENDA POSTED ONLINE AND PROVIDED AT TONIGHT'S MEETING.

THE RESOLUTIONS THAT ARE OUTLINED, UH, THEY MENTION APPROVING THE EIR, APPROVING THE CPU AND THEN DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION'S DECISION.

SO I WOULD HATE TO MAKE US ALL COME BACK SO WE CAN ADDRESS THAT.

THAT WOULD BE, UH, GREAT.

UM, SO ANYWAYS, RIGHT NOW THE CONDITIONS FOR APPROVAL ARE BEING PRESENTED AS A SOLUTION TO THE SERIOUS AIR UH, POLLUTION THIS PROJECT WOULD BRING.

BUT ALL WE KNOW, HANDING OUT PURIFIERS AND PLANTING A FEW TREES DOES NOT ERASE THE DIESEL POLLUTION AND HEALTH IMPACTS FROM THIS FUEL FACILITY.

FAMILIES HERE ALREADY BREED SOME OF THE MOST POLLUTED AIR IN CALIFORNIA.

WE CANNOT PILE ON MORE HARM.

THERE'S ALSO NO MENTION OF REQUIRING ZERO EMISSION TRUCKS, SOMETHING THAT WAS REQUESTED BY COUNCIL MEMBER BUSH.

THERE ARE ALSO SO MANY ISSUES WITH THE CONDITIONS OUTLINED.

THERE IS NO TRUE ENFORCEMENT OF THESE CONDITIONS.

THE APPLICANT WILL STILL BE ABLE TO POLLUTE OUR COM COMMUNITIES FOR FIVE YEARS BEFORE THEY HAVE TO GET TO ZERO EMISSION REDUCTIONS OR OFFSETS.

THERE ARE ALSO NO PENALTY PENALTIES ATTACHED TO UPHOLD THE, UH, APPLICANT ACCOUNTABLE.

THEY CAN ALSO OFFSET THE EMISSIONS ESSENTIALLY BY THEIR WAY OUT AND CONTRIBUTE TO POLLUTE IN OUR COMMUNITIES.

WE ALSO MUST BE HONEST ABOUT ENFORCEMENTS RESIDENTS REGULARLY REPORT CODE VIOLATIONS IN THIS INDUSTRIAL AREA AND ALMOST NOTHING GETS YEAH, NOTHING HAPPENS.

THE AMORTIZATION ORDINANCE SPECIFICALLY, UH, IN THE PROCESS ONLY PHASED OUT TWO BUSINESSES AND ONE OF THEM LITERALLY JUST MOVED ACROSS THE STREET.

UH, THE CITY HAS STRUGGLED TO ENFORCE EXISTING RULES.

SO HOW CAN WE MANAGE A BRAND NEW INDUSTRY, UH, INDUSTRIAL PROJECT OF THIS SCALE? APPROVING THIS FACILITY PLACES THE BURDEN ONCE AGAIN ON THE BACK OF NATIONAL CITY RESIDENTS, OUR CHILDREN, ELDERS, AND OUR WORKING FAMILIES DESERVE BETTER THAN RISKY BUSINESS PRACTICES, UNENFORCEABLE PROMISES, AND MORE POLLUTION.

I URGE YOU TO PROTECT THIS COMMUNITY.

VOTE NO ON THIS PROJECT AND SERIOUSLY LOOK DEEP AS TO WHY YOU DECIDED TO RUN.

THANK YOU VERY MUCH.

THANKS.

DAMMAR GONZALEZ, FOLLOWED BY MARGARITA MORENO, FOLLOWED BY, I BELIEVE IT'S ELIDA GAN.

I'M GONNA PROBABLY BUTCHER THAT ONE.

UH, MY NAME'S DAMARI.

I'M A RESIDENT IN SAN DIEGO, DISTRICT TWO, UM, MEMBER OF CITY HEIGHTS DEFENSE COMMITTEE.

UH, PLEASE BEAR WITH ME.

I'M NOT THE BEST PUBLIC SPEAKER.

UM, YOU'RE DOING GREAT, BUT I'M HERE TO REJECT THIS TEXAS BASED FUEL COMPANY.

UM, AS A TEXAS NATIVE, I FELT COMPARED, COMPELLED TO COME AND SPEAK HERE, NOT ONLY FOR THE COMMUNITY, BUT THE LAND BECAUSE I HAVE SEEN HOW THESE COMPANIES HAVE LEFT MY HOMETOWN OF CORPUS CHRISTI, TEXAS.

THEY GAVE OUR CITY A HIGHER RATE OF LUNG CANCER THAN THE ENTIRE STATE OF TEXAS.

THEY PROMISED US THESE GREENWASHING LIES, LEAVING OUT THE FACTS OF DECADE LOCKED CONTRACTS, THE OIL POLLUTIONS, THE INCREASED SEISMIC ACTIVITIES, AND THE CONSUMPTIONS OF FRESHWATER FROM THE FRACKING.

I WATCHED COMMUNITY MEMBERS DIE ON THE PUBLIC STREETS DUE TO THE EXTREME TEMPERATURE SHIFTS THAT THESE FRACKINGS COST.

THEY PLANTED 10 MILES OF PETROCHEMICAL PLANTS ACROSS OUR COAST.

OUR FAMILIES HAVE NO AIR TO BREATHE, AND MY GRANDMA AND HER EIGHT SISTERS WERE VICTIMS OF CANCER, ALL CANCER.

AND I DON'T SEE THAT AS COINCIDENTAL.

I SEE A PATTERN HERE.

I SEE A PATTERN OF THE SAME BUSINESS IN THE DIFFERENT STATE, THE SAME DESTRUCTION IN THE DIFFERENT COMMUNITIES.

YOU DE YOU DESTROY.

THEY DESTROYED MY HOME AND I REFUSE TO LET THEM SIT.

I REFUSE TO SIT HERE AND LET THEM CONTINUE THIS PROFIT OVER PEOPLE.

IT'S EVIDENT THEY DON'T CARE ABOUT THE COMMUNITIES.

THEY DON'T CARE ABOUT THE RESIDENTS THAT ARE LEFT WITH GENERATIONAL DISEASES.

THEY DON'T CARE ABOUT THE WILDLIFE EXTINCTION.

I'M ASKING YOU COUNCIL MEMBERS TO STAND UP FOR AMERICA TO STAND UP FOR THE LAND, FOR THE PEOPLE TO GIVE US A SAFE SPACE DURING THESE TIMES WHERE WE ARE LOCKED FROM

[03:05:01]

FOOD, FROM SAFE SPACES.

PLEASE.

COUNCIL MEMBERS VOTE.

NO.

THANK YOU.

THANK YOU.

NEXT WE GO WITH, UH, MARGARITA MORENO, FOLLOWED BY ELIDA IAN.

HOPEFULLY I DIDN'T MESS THAT UP TOO MUCH.

OKAY.

AND THEN, UM, UH, CHIA AND I'M NOT EVEN GONNA TRY THAT LAST NAME STARTS WITH U OKAY.

CALIFORNIA.

OKAY.

WE HAVE TRANSLATION, PLEASE.

LUISA.

MY NAME IS MARGARITA MORENO.

I'VE BEEN LIVING IN NATIONAL CITY FOR ALMOST 13 YEARS.

UM, UM, I OPPOSE THIS PROJECT BECAUSE IT'S NOT ADDRESSING ALL THE ISSUES THAT IT IS GOING TO CAUSE.

THE POLLUTION THAT COMES FROM TRAINS ACCUMULATES TO GET THEIR, WITH THE POLLUTION FROM TRUCKS.

SO THAT'S DOUBLE POLLUTION.

UH, THERE WAS A CARVE REPORT IN 2020.

EVEN THOUGH THE THE TRAINS, UM, HAVE LESS EMISSIONS IN CALIFORNIA, TRUCKS HAVE BECOME CLEANER IN THE LAST DECADE.

POLLUTION BY TRAINS ARE AN ISSUE IN URBAN AREAS.

AND I ASK MYSELF, ARE THE TRAINS GOING TO BE ELECTRIFIED SO THAT THEY DON'T POLLUTE BECAUSE THEY'RE BRINGING POLLUTION TO OUR COMMUNITY ALL OVER.

IT'S DOUBLE POLLUTION BY TRAINS AND TRUCKS, THE COMMUNITY, THE DEMANDS, ENVIRONMENTAL JUSTICE, NATIONAL CITY ONES CLEAN AIR TO BREATHE, AND NO MORE PROJECTS THAT HARM THE HEALTH OF OUR COMMUNITY.

THANK YOU.

OKAY, THANK YOU.

YOU LEAVE THAT WE FOLLOWED BY CHIMO AND IT STARTS WITH A UUG, BUT I CAN'T BE ON THAT POINT.

AND THEN JESSE COEN.

HI, GOOD EVENING.

MY NAME IS LITA IAN.

I'M A MEDICAL STUDENT AT UC SAN DIEGO.

MY TESTIMONY TODAY IS ENDORSED BY SAN DIEGO PDI, PEDIATRICIANS FOR CLEAN AIR AND THE AMERICAN ACADEMY OF PEDIATRICIAN, SAN DIEGO CLIMATE CHANGE AND HEALTH COMMITTEE.

MEDICALLY, I AND ALL MY COLLEAGUES WHO CAME DOWN FROM UCSC SCHOOL OF MEDICINE TODAY ARE EXTREMELY CONCERNED FOR THE HEALTH IMPACTS CAUSED BY AN ADDITION OF 70 MORE AD DIESEL TRUCKS PER DAY IN THE COMMUNITY THAT ALREADY EXPERIENCES SOME OF OUR STATE'S WORST AND UNHEALTHIEST AIR QUALITY.

A 50% REDUCTION IN THESE EMISSIONS IN THE NEXT FIVE YEARS IS NOT GONNA SAVE THE LIVES OF MY PATIENTS WHO WILL BE HOSPITALIZED WITH ASTHMA, COMPLICATIONS, HEART DISEASE COMPLICATIONS, AND EVEN CANCER AS A RESULT OF DIESEL POLLUTION THEY EXPERIENCE TODAY AND TOMORROW.

AND IN THE NEXT FIVE YEARS, PROVIDING A HUNDRED PORTABLE HOME AIR PURIFIERS WHEN CHILDREN ARE GONNA BE PLAYING, GOING TO SCHOOL AND BREATHING POLLUTED AIR OUTSIDE EVERY DAY IS A POOR ATTEMPT AT PUTTING A BANDAID ON THE GAPING WOUND OF DIESEL POLLUTION.

IT IS SIMPLY NOT ENOUGH.

ADDITIONALLY, I WANNA REMIND THE COMMITTEE THAT THE EIR, UM, PROPOSED HERE DOES NOT INCORPORATE AN ACCURATE ATMOSPHERIC MODEL OF NIGHTTIME DIESEL PM 2.5 EMISSIONS BECAUSE IT DOES NOT ACCOUNT FOR THE NIGHTLY ATMOSPHERIC INVERSION THAT COASTAL SAN DIEGO EXPERIENCES DUE TO THE DIURNAL LAND, SEA WIND CYCLE.

HERE.

THESE CONDITIONS BRING IN COLD, DENSE, HEAVY AIR EACH NIGHT TO OUR COMMUNITIES THAT IS ENRICHED IN PM 2.5 POLLUTANTS.

THIS WOULD INCREASE THE E'S EMISSIONS ESTIMATE AND FURTHER PUT OUR SLEEPING PATIENTS AT RISK EVERY SINGLE NIGHT.

AND AIR FILTER IS NOT GOING TO ADEQUATELY ADDRESS THE SYSTEMIC ISSUE, ESPECIALLY SINCE ASTHMA EXACERBATIONS THAT PUT OUR KIDS IN HOSPITALS UNDER MY CARE OCCUR MOST OFTEN AT NIGHT.

I URGE THE COMMITTEE TO CHOOSE NOT TO SACRIFICE THE HEALTH AND WELLBEING OF THIS COMMUNITY AND STOP THIS PROJECT.

THANK YOU.

THANK YOU.

PLEASE COME ON FORWARD AND HELP ME WITH YOUR NAME.

YEAH,

[03:10:01]

.

SHE FOLLOWED BY, UH, JESSE AFTER THAT AND THEN DANIELLE AFTER THAT, PLEASE.

ALL RIGHT.

GOOD EVENING, MAYOR MORRISON.

COUNSEL.

MY NAME IS CHIOMA UGU AND I AM A MEDICAL STUDENT AT UC, SAN DIEGO SCHOOL OF MEDICINE.

AS A STUDENT DOCTOR, I WANNA HELP KEEP PEOPLE OUT OF THE HOSPITAL, WHICH IS WHY I'M HERE TONIGHT.

, LIKE YOU, I CARE ABOUT THE PEOPLE OF NATIONAL CITY.

I AM DEEPLY CONCERNED ABOUT THE ENVIRONMENTAL IMPACT OF THIS BIOFUEL DEPOT, UM, ON THE WELLBEING OF MY NEIGHBORS HERE.

YOU'VE HEARD A LOT ABOUT THE HEALTH RISKS OF THIS PROJECT AND HAVE HEARD VERY MOVING ACCOUNTS ABOUT HOW PEOPLE IN WEST NATIONAL CITY ARE ALREADY OVERBURDENED WITH POLLUTION THAT NO NUMBER OF AIR PURIFIERS CAN FIX, ESPECIALLY FOR THOSE WHO HAVE NO HOME TO PROTECT THEMSELVES.

IN SHORT, YOU KNOW THAT YOU CAN'T ESCAPE DIRTY AIR, ESPECIALLY WHEN YOU'RE PUMPING MORE DIRT INTO THAT AIR.

AND I DON'T WANNA BE A BROKEN RECORD, BUT I ALSO DON'T WANT TO KEEP SILENT.

PLEASE RECOGNIZE THAT YOUR CONSTITUENTS ARE ALREADY SUFFERING FROM INDUSTRIAL EMISSIONS AND OTHER ENVIRONMENTAL HAZARDS THAT ULTIMATELY LEAD THEM TO THE HOSPITAL.

I DON'T WANNA MEET MY NEIGHBORS IN THE HOSPITAL.

I'D LIKE TO MEET THEM IN THE COMMUNITY WHERE THEY LIVE, WORK, AND PLAY.

PLEASE DENY THIS PROJECT AND THANK YOU FOR LISTENING.

OKAY, THANK YOU.

NEXT WE GO WITH JESSE TO BE FOLLOWED BY DANIELLE TO BE FOLLOWED BY IKA.

I I MAY HAVE MESSED THAT ONE UP, BUT ANYWAY, UH, GOOD EVENING EVERYONE.

I REALLY APPRECIATE YOUR TIME AND, AND LISTENING.

LIKE YOU SAID, WE'RE NOT TRYING TO GO TILL 2:00 AM.

UM, THANK YOU, .

I CAN'T SPEAK AS ELOQUENTLY AS ALITA AND CHIMA AND ALL THOSE BEFORE ME, BUT I THINK YOU GUYS HAVE HEARD THE FACTS.

UM, THIS PAST SUMMER, I SPENT MY ENTIRE SUMMER RESEARCHING LUNGS.

I LEARNED THEY'RE INCREDIBLY FRAGILE.

UM, FROM SOME OF THE PATIENTS I LEARNED.

IT'S LIKE WHEN YOU HAVE ASTHMA, IT'S LIKE DR.

BREATHING THROUGH A STRAW.

THAT'S AWFUL.

UM, AND I'M REALLY NOT CONVINCED THAT ANY OF THE ADAGES OR NEW THINGS THAT ARE ADDED TO THIS BILL ARE GOING TO CHANGE THAT.

UM, I, I'M REALLY NOT CONVINCED BY WHAT HAS BEEN BROUGHT FORTH.

AND I'M HERE TO SAY I'M STRONGLY OPPOSED FOR IT.

WHAT CAN HAPPEN TO LUNGS IS DETRIMENTAL AND IT REALLY SUCKS.

AND I WOULD HATE TO SEE IT FOR THE, THE MEMBERS OF THIS COMMUNITY.

WE'VE ALREADY SEEN IT IN BARRIO LOGAN, AND I'M NOT CONVINCED IT'S NOT GONNA HAPPEN HERE.

SO REALLY TAKE THAT INTO CONSIDERATION.

THANK YOU FOR YOUR TIME.

THANK YOU.

NEXT WE GO WITH DANIELLE TO BE FOLLOWED BY SIKA, TO BE FOLLOWED BY, UH, JASMINE.

HI.

GOOD EVENING, COUNCIL MEMBERS AND MAYOR.

MY NAME IS DANNY AND I'M A MEDICAL STUDENT AT UC, SAN DIEGO HERE ADVOCATING FOR MY FUTURE PATIENTS ALONGSIDE MY COLLEAGUES WHO SPOKE BEFORE ME.

THE NEW CONDITIONS PRESENTED TONIGHT FALL SHORT FROM A PUBLIC HEALTH STANDPOINT, AND THEY ECHO THESE INDUSTRY TROPES THAT WE HAVE HEARD TIME AND TIME AGAIN, TROPES THAT ARE REALLY GOOD AT OBFUSCATING THE TRUE IMPACT OF THESE KINDS OF PROJECTS AS HIGHLIGHTED BY SEVERAL COMMUNITY MEMBERS.

CONDITIONS 72 AND 73 ALLOW UP TO FIVE MORE YEARS OF DIESEL EXPOSURE BEFORE ANY REDUCTION IS ACHIEVED.

DIESEL EXHAUST IS A GROUP ONE CARCINOGEN, AND THERE IS NO SAFE LEVEL OF FIND PARTICULATE EXPOSURE.

EACH ADDED YEAR MEANS PREVENTABLE ASTHMA ATTACKS, HEART DISEASE, AND PRETERM BIRTHS.

AGAIN, WHILE THIS HAS ALREADY BEEN STATED, I'D LIKE TO JUST REITERATE THAT CONDITION 74 OFFERS FILTERS TO NEARBY HOMES, BUT FILTERS ONLY PROTECT INDOOR AIR.

THESE FILTERS DO NOTHING FOR CHILDREN WALKING TO SCHOOL OR FAMILIES OUTDOORS.

FURTHERMORE, THIS SHIFTS RESPONSIBILITY FROM THE POLLUTER TO THE RESIDENTS AND CONDITION 70 FIVES.

TREE PLANTING HELPS AESTHETICALLY BUT CANNOT OFFSET DIESEL COMBUSTION AT THIS SCALE.

THE APPLICANT ALSO CLAIMS THAT 70% OR SO OF TRUCK TRIPS WILL OCCUR DURING THOSE OFF HOURS, YET POLLUTION AT NIGHT DOESN'T DISAPPEAR.

IT ACCUMULATES NEAR THE GROUND WHEN AIR MIXING IS AT ITS LOWEST ENTERING HOMES WHILE PEOPLE SLEEP.

AND PORTRAYING HOME AIR FILTERS AS A BENEFIT, IGNORES THE FACT THAT RESIDENTS SHOULDN'T HAVE TO LEARN TO ADAPT TO THE HARM THAT'S INFLICTED UPON THEM.

NATIONAL CITY'S AB 617 DESIGNATION EXISTS TO REDUCE CUMULATIVE POLLUTION, NOT TO JUSTIFY MORE OF IT.

AS A FUTURE PHYSICIAN, I'M TAUGHT PREVENTION IS BETTER THAN TREATMENT.

AND I URGE YOU TO APPLY THAT SAME PRINCIPLE HERE, DENYING THIS APPEAL AND PROTECTING THE HEALTH OF NATIONAL CITY RESIDENTS.

THANK YOU.

THANK YOU.

WE HAVE, UH, SBI IKA, FOLLOWED BY JASMINE, FOLLOWED BY, UH, LINO.

OKAY.

UM, ALL RIGHT.

THANK YOU MR. MAYOR AND MR. UM, VICE MAYOR, COUNCIL MEMBERS AND STAFF FOR LISTENING TO ME TODAY.

MY NAME IS SABIKA AND I'M A SECOND YEAR MEDICAL STUDENT AT UC, SAN DIEGO SCHOOL OF MEDICINE.

UM, THE AUDIENCE HAS ALREADY SAID A LOT AND SO ARE MY COLLEAGUES.

SO I JUST WANNA REFLECT THAT I'M NOT A RESIDENT OF NATIONAL CITY, BUT AS A MEDICAL STUDENT, I'VE SHADOWED AND I'VE LEARNED AT THE CLINICS, THE PULMONARY CLINICS AT HILLCREST AND NEARBY

[03:15:01]

AREAS.

I'VE SEEN YOUR RESIDENTS AND I'VE SEEN YOUR CHILDREN STRUGGLE WITH ASTHMA CONDITIONS.

IT'S TERRIBLE.

I'VE SHADOWED AND LEARNED AT THE ICUS.

I'VE SEEN PEOPLE DIE OF THE COMPLICATIONS FROM ASTHMA AND THE RESPIRATORY ILLNESSES.

IT'S NOT, IT'S NOT GREAT.

IT'S VERY, VERY SAD.

AND SO I THINK WORSENING THE CONDITIONS FOR YOUR RESIDENTS IS NOT SOMETHING THAT WE WANT.

AND SO I ASK YOU TO CONSIDER THAT AND I URGE YOU TO VOTE.

NO.

THANK YOU.

THANK YOU.

NEXT WE GO WITH JASMINE TO BE FOLLOWED BY LIONEL.

HELLO, MY NAME IS JASMINE MICHAEL.

UM, I'M A RESEARCH CHEMIST PASSIONATE ABOUT ENVIRONMENTAL SCIENCE AND KEEPING OUR COMMUNITIES HEALTHY.

AS A SCIENTIST, I HAVE A STRONG UNDERSTANDING OF RENEWABLE ENERGY AND RESOURCES, AND I CAN CONFIDENTLY SAY THAT THIS PLAN AND THE ADDITIONAL CONDITIONS INTRODUCED TONIGHT DO NOT MEET THE COMMUNITY'S EXPECTATIONS FOR SUSTAINABLE AND HEALTHY FUTURE.

A HUNDRED HIPAA FILTERS AND A HUNDRED TREES A YEAR ARE ARBITRARY AND, AND ADEQUATE BAND-AIDS THAT DO NOT AT ALL ADDRESS THE ISSUE OF POLLUTION.

MITIGATIONS THAT CAN TAKE EFFECT FIVE YEARS INTO THE PROJECT, PUSH RESPONSIBILITY DOWN THE LINE, AND DO NOT ADDRESS THE ISSUE OF POLLUTION.

THE ONLY CLIMATE FRIENDLY SOLUTION IS TO NOT ALLOW THE POLLUTION TO HAPPEN IN THE FIRST PLACE.

THESE PIECEMEAL CONDITIONS DO NOT SUDDENLY OVERRIDE ALL THE EVIDENCE THAT ORIGINALLY LED THE COUNCIL TO OPPOSE THE PROJECT.

I URGE THE COUNCIL TO UPHOLD NATIONAL CITY'S EXISTING ENVIRONMENTAL HEALTH POLICIES TO PROTECT THIS COMMUNITY FROM ENVIRONMENTAL INJUSTICE.

THANK YOU.

OKAY, NEXT WE HAVE, UH, LIONEL.

GOOD EVENING.

MY NAME IS LEON ES, AND, UH, I'M HERE ON BEHALF OF MY BUSINESS MANAGER, VALENTI MA AND THE LABORERS INTERNATIONAL JUNIOR OF NORTH AMERICA.

UNA LOCAL UNITED IS PROUD TO SUPPORT USD CLEAN FUELS PROPOSED BY SAN DIEGO CLEAN FUELS FACILITY.

THIS PROJECT WILL TRANSFORM AN EXISTING RAILROAD SITE IN NATIONAL CITY INTO THE CLEAN FUEL TRANSFER FACILITY, MAKE A STRONGER BOAT OR INFRASTRUCTURE AND OR A BIOME TO FUTURE.

THIS LOCATION IS PROPERLY ZONE SITE FOR THIS FACILITY, AND IMPORTANTLY, THE ONLY VIABLE LOCATION ALONG THE RAIL LINE WHERE CAN BE DONE.

THIS PROJECT IS BEING BUILT WITH SAFETY AS A TOP PRIORITY WITH DIRECT FREEWAY ACCESS.

AND THE MAIN TRAFFIC LOADS ARE SCHEDULED DURING OFF PEAK HOURS, MINIMIZING IMPACTS ON OUR LOCAL ROADS AND NEIGHBORHOODS.

IN REGARDS TO THE WORKFORCE OR MEMBER, OUR HIGHEST SKILLED, WELL-TRAINED AND READY TO DELIVER QUALITY CONSTRUCTION THAT THIS PROJECT REQUIRES.

THIS MEANS GOOD PAYING LOCAL JOBS WHILE ALSO CONTRIBUTING TO THE CLEANER FUELS AND CLEAN AIR, AIR FOR OR LOCAL FAMILIES AND COMMUNITIES.

WITH NEARLY 200 LAUNA MEMBERS LIVING RIGHT HERE IN NATIONAL CITY, THIS PROJECT REPRESENT A DIRECT INVESTMENT IN OUR NEIGHBORHOODS AND OUR LOCAL ECONOMY.

WE ALSO APPRECIATE USE CLEAN FUELS COMMITMENT TO HIRING FROM THE LOCAL WORKFORCE BECAUSE LOCAL WORKERS BUILDING LOCAL PROJECTS, IT'S EXACTLY THE KIND OF INVESTMENT OUR COMMUNITY DESERVES.

THANK YOU.

THANK YOU.

UH, ONE PERSON WE STILL HAVE HERE THAT DID NOT ANSWER.

I'LL GIVE ONE MORE CHANCE.

UH, JOSEPH CRAWFORD.

I KNOW I SAW HIM EARLIER.

OKAY.

WE'RE GONNA PUT HIM DOWN.

UH, WE ALSO HAVE A NUMBER OF PEOPLE WHO TURNED IN SLIPS, BUT SAID, UH, THEY DID NOT WISH TO SPEAK.

ONE OF 'EM.

I DID LET, SHE ASKED TO SPEAK AND SO WE CHANGED THAT.

I THINK WE GOT LIKE SEVEN, UH, THAT ASKED NOT TO SPEAK AND THEY WERE IN OPPOSITION.

ANOTHER ONE ASKED TO, NOT TO SPEAK, BUT DIDN'T SAY WHAT THEIR POSITION WAS.

UH, WE ALSO HAVE ZOOM, SO LET'S GO TO OUR, UH, ZOOM INDIVIDUALS.

THANK YOU.

SETH MYERS.

STILL THERE? HELLO? I DON'T HAVE A COMMENT.

I'M HERE TO ANSWER QUESTIONS ABOUT THE AIR QUALITY ANALYSIS, IF ANY.

OKAY.

OKAY.

UH, WE WILL, WE'LL COME BACK TO YOU THEN IF THERE'S QUESTIONS.

.

OKAY.

UH, VN NEN.

HI, MY NAME IS DR.

VN NEN.

UM, I APOLOGIZE I WASN'T ABLE TO BE THERE TONIGHT.

I WAS THERE THE FIRST MEETING FOR SEVEN AND A HALF HOURS.

SO, UH, I MISS YOU GUYS.

UM, I HAD TO CALL HIM FROM HOME .

UM, SO I'M THE CHAIR OF THE A EP CALIFORNIA, UM, ENVIRONMENTAL HEALTH COMMITTEE FOR THE STATE AND ALSO FOR OUR LOCAL SAN DIEGO CHAPTER.

I'M CALLING ON BEHALF OF MYSELF AND SAN

[03:20:01]

DIEGO PEDIATRICIANS FOR CLEAN AIR.

UM, SHOUT OUT TO THE U CS D MEDICAL STUDENTS FOR SHOWING UP.

UM, ALL THE WAY FROM LA JOLLA.

SO MANY THANKS.

AND I JUST REALLY WANNA CALL AND JUST ON BEHALF OF MY PATIENTS, I'M REALLY SELFISH.

I, UH, HAVE BEEN A PEDIATRICIAN IN THE SOUTH BAY FOR 16 YEARS.

I HOPE TO WORK FOR ANOTHER 10.

AND HONESTLY, IF THIS GOES THROUGH, IT'S GONNA MAKE MY JOB MUCH HARDER.

UM, I HAD A LOT OF ASTHMATICS ALREADY.

I DON'T WANT ANYMORE.

UM, IT'S JUST GONNA MAKE ASTHMA RATES SKYROCKET.

AND SO I THINK JUST HEARING WHAT THE, UM, FOLKS HAD TO SAY, I, I'M NOT REASSURED AT ALL.

SO I WOULD HOPE THAT ON BEHALF OF THE PEDIATRICIANS, ON BEHALF OF THE CHILDREN OF NATIONAL CITY, YOU VOTE NO.

THANK YOU.

THANK YOU.

ANGELICA ESTRADA.

OKAY.

ANGELICA ESTRADA? UH, YES.

SORRY.

I WAS JUST TRYING TO FIGURE IT OUT.

SO, HI, I AM ANGELICA ESTRADA, A NATIONAL CITY RESIDENT.

THANK YOU COUNCIL MEMBERS, MOLINA AND RODRIGUEZ FOR STANDING WITH THE PEOPLE OF NATIONAL CITY AND BEING CHAMPIONS OF ENVIRONMENTAL JUSTICE COUNCIL MEMBER BUSH, I APPRECIATED THAT YOU WANTED TO TRY TO WORK WITH USDG TO GET A ZERO MISSION PROJECT.

I NAIVELY THOUGHT THAT THEY WOULD MAKE A GOOD FAITH EFFORT TO WORK WITH YOU.

INSTEAD, THEY PROPOSED TREES AND BUSHES.

IS THAT THE BEST DEAL YOU CAN GET US? ALSO, THERE IS NO GUARANTEE THAT THEY WILL HIRE NATIONAL CITY RESIDENTS.

COUNCIL MEMBER YAME, I VOTED FOR YOU, AND I'M SO DISAPPOINTED YOU SPEAK WITH SUCH APPRECIATION AND RESPECT TO THIS COMPANY AND DISMISS THE VALID CONCERNS OF THE RESIDENTS OF NATIONAL CITY.

YOU REFUSE TO MEET WITH EHC, BUT MET WITH USDG THEN WROTE TO THEM.

I'M EXCITED FOR YOUR ORGANIZATION AND GRATEFUL FOR YOU TO HAVE CHOSEN TO BE PART OF OUR CITY.

AND I LOOK FORWARD TO YOUR GENEROUS PARTNERSHIP.

GENEROUS, REALLY LAST MEETING, I SPOKE TO YOU FROM MY HEART AND YOU SPOKE ABOUT FACTS.

THE FACT IS THAT IN YOUR DISTRICT WHERE I LIVE AND MY CHILDREN, WE BREATHE MORE DIESEL POLLUTION THAN 79% OF COMMUNITIES IN CALIFORNIA.

THE FACT IS THAT THE PROJECT IS OPPOSED BY THE PLANNING COMMISSION.

THE NATIONAL SCHOOL BOARD SUPERVISOR AJA MORE THAN A THOUSAND PEOPLE WHO SIGNED A POSITION, A PETITION AGAINST IT, OVER A HUNDRED RESIDENTS WHO'VE TESTIFIED AGAINST IT.

ALL OF WOOD GARDENS.

UM, THE ENVIRONMENTAL JUSTICE COMMITTEE PORTSIDE, THE AMERICAN FEDERATION OF TEACHERS, CALIFORNIA'S NURSES ASSOCIATION, THE BROTHERHOOD OF ELECTRICAL WORKERS, THE PEDIATRICIANS FOR CLEAN AIR.

YOU JUST HEARD DR.

V.

THE ONLY PEOPLE IN FAVOR OF THIS PROJECT ARE THOSE WHO WILL PROFIT FROM IT.

MY FATHER HAS A SAYING THANK YOU FOR YOUR COMMENT.

THAT MEANS FOR YOU ARE WITH, AND I'LL TELL YOU WHO YOU ARE.

OKAY, SPEAKER, THANK YOU FOR YOUR COMMENT.

OLIVIA BOIN.

GOOD EVENING, MAYOR AND COUNCIL MEMBERS.

OLIVIA BODEN.

ON BEHALF OF EHC ANDER, I AM A PARTNER AT COAST LAW GROUP AND I'D WANNA HIGHLIGHT FEW ISSUES ABOUT TRANSPARENCY AND LOCALITY.

FIRST, I THINK IT'S IMPORTANT TO NOTE THAT THE NEW CONDITIONS WERE GIVEN TO THE PUBLIC 72 HOURS IN ADVANCE.

WE HAVEN'T HAD ENOUGH TIME TO ADEQUATELY ASSESS THEM OR PROVIDE INPUT.

THERE WAS ALSO A BROWN ACT DISCREPANCY IN THE AGENDA.

IT WAS AGENDIZED AS BOTH, UH, DENIAL AND APPROVAL OF THE APPEAL, WHICH MAY HAVE CAUSED SOME CONFUSION, ESPECIALLY IN THIS COMMUNITY WHERE, UM, MANY PEOPLE ARE NOT ENGLISH SPEAKERS, UM, PRIMARY ENGLISH SPEAKERS.

AND THERE WAS ALSO A PUBLIC RECORDS ACT VIOLATION THAT I, UH, PUT INTO OUR COMMENTS THAT WERE SUBMITTED BEFORE 2:00 PM SIR SUED THE CITY OVER FAILURE TO PROVIDE RECORDS ASSOCIATED WITH THIS PROJECT AND WENT INTO COURT TO OBTAIN THOSE DOCUMENTS IN ORDER TO INFORM THIS HEARING.

THE COURT ORDERED THE CITY TO PRODUCE THE DOCUMENTS BY 10:00 AM YESTERDAY.

THE CITY HAS NOT DONE SO.

I URGE YOU TO, UM, ASK FOR MORE TRANSPARENCY FROM THE APPLICANT, BUT ALSO ASK WHY THOSE DOCUMENTS WEREN'T PROVIDED TO THE CITY, UM, RESIDENTS.

AND LASTLY, AS TO LOCALITY, UH, THE CUP IS A DISCRETIONARY PERMIT, AS YOU'VE NOTED.

IT'S A QUASI-JUDICIAL PRO, UH, ANALYSIS, WHICH INCLUDES ANALYSIS OF WHETHER THE PROJECT IS DETRIMENTAL TO THE PUBLIC INTEREST, HEALTH, SAFETY, CONVENIENCE, OR WELFARE OF THE PROJECT VICINITY.

THE FACT THAT THE PROJECT IS ALREADY IN AN OVERBURDENED COMMUNITY MUST BE TAKEN INTO

[03:25:01]

CONSIDERATION.

YOU HAVE THE DISCRETION TO SAY NO, I URGE YOU TO DO SO.

THANK YOU.

AND MAYOR, THAT CONCLUDES OUR COMMENT ON ZOOM.

OKAY.

FOR THIS ITEM, SO THAT INCLUDES ALL OF OUR PUBLIC COMMENTS.

AT THIS TIME, I'D LIKE TO HAVE A MOTION TO CLOSE THE PUBLIC HEARING.

MOVE TO CLOSE THE PUBLIC HEARING.

SECOND, WE HAVE A MOTION AND A SECOND.

OKAY.

THOSE ARE IN THERE NOW.

UH, PLEASE VOTE.

THIS IS JUST TO CLOSE THE PUBLIC HEARING.

MOTION TO APPROVE UNANIMOUSLY.

OKAY.

UM, LET ME SAY A COUPLE THINGS UP FRONT HERE.

UM, THE, I THINK A LOT OF PEOPLE HAVE SOME MISCONCEPTIONS ABOUT WHAT THIS PROCESS IS.

THE CITY DOES NOT GO OUT AND SEEK THESE PROJECTS.

UH, YOU KNOW, THEY, WE DO NOT, UH, YOU KNOW, THAT DOES NOT MEAN THAT WE APPROVE OR DISAPPROVE OF THEM.

UH, INDIVIDUALS, COMPANIES, DEVELOPERS, WHATEVER.

THEY CAN BRING A PROJECT BEFORE US.

AND BY LAW THEY HAVE THE RIGHT TO DO THAT.

THEN THEY WORK THROUGH A PROCESS.

AND WHEN IT COMES TO AN APPEAL, IT GOES BEFORE US.

AND, AND AS HAS BEEN USED, THIS TERM HAS BEEN USED AS QUASI-JUDICIAL.

IT BASICALLY SAYS, FOR THAT APPEAL, WE BECOME IN THE SAME POSITION AS A JUDGE.

SO THAT MEANS WE CANNOT HAVE ANY BIASES.

WE ARE NOT SUPPOSED TO FORM AN OPINION UNTIL ALL THE EVIDENCES BEFORE US THE SAME AS YOU WOULD DURING A TRIAL.

SO IT'D BE MUCH LIKE YOU HAVE A TRIAL AND A BUNCH OF PEOPLE SHOW UP AT THE BEGINNING OF THE TRIAL AND SAYS, THE PERSON'S GUILTY.

JUST HANG THEM.

YOU KNOW, THE JUDGE SAYS, NO, WE HAVE TO HAVE A TRIAL FIRST.

AND, AND THE JUDGE CANNOT GIVE THEIR OPINIONS OR FORM A DECISION BEFORE THEY'VE HEARD ALL THE EVIDENCE.

THAT IS BY STATE LAW.

AND, AND SO IT, IT'S INTERESTING WHEN YOU HAVE PEOPLE SAYING, WELL, YOU'RE DOING THIS, YOU'RE DOING THAT.

YOU WHAT WE'RE DOING, WE'RE DOING WHAT WE LEGALLY HAVE TO DO.

WE HAVE TO LISTEN TO BOTH SIDES.

WE HAVE TO GIVE EACH SIDE AN OPPORTUNITY TO BRING FORTH EVIDENCE OR WHATEVER, AND THEN MAKE A, MAKE A DECISION.

UM, AND, AND YET AT THE SAME TIME, I KNOW I SAW ON SOCIAL MEDIA, EVERYTHING ELSE, PEOPLE SAYING, OH, THEY'RE SO AND SO IS ALREADY, YOU KNOW, IS DOING, IS ON THIS SIDE OR IS ON THAT SIDE WITHOUT ANYBODY EVER SAYING ANYTHING.

'CAUSE WE'RE NOT SUPPOSED TO SAY.

AND YET PEOPLE STILL GO OUT THERE AND DO THAT.

AND PEOPLE WHISPER IN OTHER PEOPLE'S EARS.

AND IF PEOPLE ARE WHISPERING YOUR EAR, TELLING YOU WHAT SOMEONE ELSE IS DOING IN A, IN A JUDICIAL POSITION, THEY'RE USING YOU.

I'M SORRY.

UM, SO THIS ONE IS, AS HAS BEEN ONE THAT CAME BEFORE US.

AND I APPRECIATE, I KNOW THERE'S, IN THE INITIAL MEETING THAT WE HAD FOUR WEEKS AGO AT PUBLIC HEARING AND THAT FIRST PART BEFORE WE CLOSED THAT PUBLIC HEARING, THEN WE CLOSED IT AND HAD PEOPLE WERE ABLE TO GIVE SOME OF THEIR VIEWPOINTS.

AND IT'S GOOD THAT WE HAD DIFFERING VIEWPOINTS UP HERE AND, AND FROM DIFFERENT, UH, CONCEPTS.

BUT THEN IT WAS SAID, LET'S, LET'S GET SOME MORE INFORMATION.

AND THAT'S A LOT OF TIMES WHAT YOU DO DURING A A TRIAL, YOU GET MORE INFORMATION BECAUSE YOU GOT INCOMPLETE, INCOMPLETE INFORMATION.

UM, AND I APPRECIATE US, YOU KNOW, GOING THAT EXTRA STEP.

'CAUSE THIS WAS A VERY LARGE, VERY COMPLICATED, UH, PROJECT.

UM, BUT NOW THAT HAS ALL BEEN BROUGHT BEFORE US.

AND NOW, UNLIKE WHAT SOME PEOPLE ARE SAYING NOW, IS WHEN WE SHOULD BE FORMING AN OPINION AS FAR AS US UP HERE INDIVIDUALLY AND STATING THAT OPINION.

AND IF YOU'RE STATING IT BEFORE THAT POINT, YOU'RE ACTUALLY NOT DOING YOUR JOB.

AND SO, UM, BUT AS I SAY, WE'RE LIMITED BY STATE LAW.

AND SO SOME PEOPLE SAYING, WELL, YOU GUYS ARE DOING THIS.

YOU GUYS ARE, IF WE ARE DOING THE THINGS THAT YOU WANT US TO DO, AT THAT POINT, WE ARE BREAKING THE LAW.

WE CAN'T DO THAT.

BUT NOW IS THE TIME COME TO TIME, TIME TO COME OUT WITH, IF YOU WANNA CALL IT, THERE'S GONNA BE FIVE DIFFERENT VERDICTS HERE.

YOU KNOW, INDIVIDUAL VERDICTS, I SHOULD PUT IT THAT WAY, WHATEVER THEY ARE.

AND THERE'S WHERE WE GO WITH THIS.

THIS HAS BEEN ONE, AND I'LL BE HONEST WITH YOU, THAT I'VE REALLY BEEN DOING THIS WITH.

AND, UH, UH, PERSONALLY, AS, AS WE LOOK AT IT PERSONALLY, I THINK THE BIOFUELS IS SOMETHING WE NEED.

UM, IT'S A GOOD TRANSITION BETWEEN DIESEL AND GOING TO ELECTRIC.

'CAUSE ELECTRIC'S NOT GONNA ALL HAPPEN TOMORROW, ELECTRIC OR HYDROGEN OR WHATEVER ELSE WE GO TO, WHATEVER THE NEXT, UH, NEXT CLEAN ENERGY, UH, CONCEPT IS.

BUT THERE NEEDS TO BE A TRANSITION.

SO THERE'S A NEED FOR IT.

AND I KNOW I GASSED UP YESTERDAY,

[03:30:01]

AND GUESS WHAT? IT HAD NICE LITTLE SIGN ON THERE.

15% WAS BIOFUELS.

AND, UH, THE, UH, UH, YOU KNOW, AND SO, YOU KNOW, IT IS SOMETHING, IT IS SOMETHING THAT IS NEEDED.

THE QUESTION COMES DOWN TO LOOKING AT OUR COMMUNITY AND THAT THE ARGUMENT IS IT'S GONNA BE CLEANER FOR THE REGION CLEANER, UH, CLEANER AIR FOR THE REGION.

AND COME ON, STOP IT OVER THERE.

OKAY.

THE, UH, UM, BUT THE QUESTION COMES DOWN IS THERE'S BEEN A WHOLE LOT OF THINGS FOR THE REGION THAT NOBODY ELSE WANTS THAT HAS BEEN PUT IN NATIONAL CITY.

AND THAT HAS, THAT HAS HAPPENED THROUGH THE YEARS.

A LOT OF IT STARTED MORE THAN A HUNDRED YEARS AGO.

UM, AND SO WE'VE BEEN STUCK WITH A LOT OF THINGS.

AND IT CONTINUES, AND ESPECIALLY SINCE WE HAVE JURISDICTIONS HERE THAT WE DON'T HAVE ANY CONTROL OVER.

AND A COUPLE OF THOSE BEING THE STATE WITH CALTRANS AND THE FREEWAYS, AND THE OTHER ONE BEING THE PORT DISTRICT, THOSE ARE TWO ENTIRELY DIFFERENT GOVERNMENT AGENCIES THAT ARE WITHIN THE BOUNDARIES OF NATIONAL CITY THAT WE HAVE NO CONTROL OVER.

UM, AND SO WE HAVE, YOU KNOW, SO WE CAN ONLY DEAL WITH THE THINGS WITHIN OUR JURISDICTION.

AND, AND SO WE HAVE TO EVALUATE EVERY PROJECT, AND EVERY PROJECT HAS ITS RISK.

AND YOU CAN GO THE ENTIRE GAMUT.

YOU CAN GO FROM A LEMONADE STAND, AND THEN YOU CAN GO UP TO, YOU KNOW, A NUCLEAR POWER PLANT.

BUT, BUT EACH ONE OF 'EM HAS SOME LEVEL OF RISK.

AND OF COURSE, BELIEVE ME, THE NUCLEAR POWER PLANT IS MUCH MORE THAN A LEMONADE STAND.

BUT THERE'S SOMEWHERE IN THERE.

AND DOES THIS PROJECT HAVE RISK WHEN YOU'RE TALKING ABOUT THE FUELS, THE EMISSIONS? OF COURSE IT DOES.

THERE'S, THERE'S, THERE'S NO DOUBT ABOUT THAT.

BUT DO WE ADD IT ON TOP OF EVERYTHING ELSE THAT'S GOING ON IN OUR COMMUNITY AND THAT WE HAVE WITHIN OUR COMMUNITY, AND THEY'RE BEING ADDED ONTO OUR COMMUNITY, YOU KNOW? AND AS I MENTIONED, FOUR WEEKS AGO, WE GOT ANOTHER LARGE PROJECT THAT'S BEING DONE BY THE PORT, AND WE'RE ALL FOR ELECTRIFICATION, BUT THE RISK ON THAT ONE ARE MUCH HIGHER THAN EVEN THAN THIS ONE.

BUT, AND IF YOU'RE NOT BEING TOLD ABOUT THOSE RISKS, SOMEONE'S DOING A DISSERVICE.

BUT THIS ONE DOES HAVE ITS SET OF RISK.

IT HAS ALL THE THINGS THAT GO WITH IT.

AND WHILE THERE ARE ADVANTAGES, WHAT ARE THE DISADVANTAGES? UM, YOU KNOW, THE ADVANTAGES ARE REGIONAL, CLEANER AIR.

WE'RE GONNA HELP THE REGION, WE'RE GONNA HELP ALL THE CITIES THAT DON'T WANT THIS IN THEIR CITY.

AND, BUT, AND AT THE SAME TIME, IT'S, SO THAT'S, THAT PART'S ALL GOOD.

AND IS BIOFUEL GOOD? YES, BIOFUEL IS A GOOD, IS A GOOD OPTION RIGHT NOW.

MUCH BETTER THAN DIESEL.

BUT THEN LOOK AT THE DISADVANTAGES.

WE GET THE RISK, THE HIGH RISK OF A, OF A HIGH RISK PROJECT, AND YOU GET ALL THE TRUCK TRAFFIC, YOU GET ALL THE OTHER THINGS THAT GO WITH IT, THAT WE ARE ON TOP OF WHAT WE ALREADY HAVE.

UM, AND SO I KNOW EACH ONE OF US HERE HAVE TO WEIGH OUT THE THINGS, UH, ON THIS.

AND I'VE HAD TO BE QUIET AND LISTEN TO ALL THE STUFF AND TRY TO STAY AS NEUTRAL, BECAUSE THAT'S WHAT STATE LAW SAYS WE HAVE TO DO.

BUT IN LOOKING AT ALL THE STUFF AS IT COMES TOGETHER, YOU KNOW, AS MUCH AS I AGREE, THE BIOFUEL'S A GOOD THING, AND IT'S NEEDED WITHIN OUR REGION, I DON'T THINK NATIONAL CITY SHOULD TAKE ON ALL THE REGIONAL, UM, BURDENS FOR ALL THE OTHER CITIES.

AND THAT'S BASICALLY WHAT WE'RE, WE'VE BEEN ASKED TO DO ON A CONSTANT BASIS.

YOU KNOW, UH, AS WAS MENTIONED, I THINK MS. CONES MENTIONED ABOUT, YOU KNOW, YEAH, YOU'VE GOT THE RAIL LINE, BIG RAIL YARD RIGHT UP HERE, AND THEY ALREADY HAVE THE, THE TANKS AND THEY GOT ALL THIS OTHER KIND OF STUFF THERE WITH CHEVRON AND THE REST, YOU KNOW, WHY AREN'T THEY LOOKING THERE? POSSIBILITY? I HEAR THERE'S A BIG, THERE'S A BIG AREA ON THE PORT THAT'S JUST IMMEDIATELY SOUTH OF, UH, GAYLORD THAT'S NOT BEING USED RIGHT NOW.

MAYBE WE PUT IT THERE.

I MEAN, YOU KNOW, THERE'S, YOU KNOW, LET SOME OF THE OTHER CITIES ENJOY SOME OF THIS STUFF.

UM, SO, BUT AS I SAY, FOR THOSE REASONS, WEIGHING IT OUT AS WE'VE LISTENED TO ALL THIS, AND I THINK WE'VE, WE'VE TRIED TO GIVE THE PROPONENTS EVERY OPPORTUNITY TO COME FORWARD.

AND I APPRECIATE, UH, MEMBER BUSH'S, YOU KNOW, TRYING TO GO THE EXTRA EFFORT SO THAT WE CAN MAKE SURE WE'VE, WE'VE GIVEN EVERYONE A, A GOOD OPPORTUNITY.

I APPRECIATE ALL THE THINGS THAT COMMUNITY HAS COME FORWARD WITH.

UM, BUT PERSONALLY AT THIS POINT, I CANNOT, UH, I CANNOT SUPPORT THE PROJECT.

I'M GONNA LOOK AT THE REST OF YOU.

NO, PLEASE.

OKAY.

UH, MR.

[03:35:01]

MAYOR, UH, OKAY.

UH, REMEMBER, I THINK RODRIGUEZ HAD HIS LIGHT ON FIRST.

OKAY.

THANK YOU FOR YOUR COMMENTS, MS. MAYOR.

UM, THANK YOU FOR EVERYBODY THAT HAS TURNED OUT TODAY.

UH, THAT INCLUDES COMMUNITY MEMBERS, THE ENVIRONMENTAL HEALTH COALITION, KIMBALL SCHOOL, AND A LOT OF PARENTS, UH, NATIONAL SCHOOL DISTRICT, UH, UCSD, PEDIATRICIANS, PROPONENTS OF THE PROJECT AS WELL.

THANK YOU FOR COMING OUT.

AND JUST TO CLARIFY FOR SOME OF THE POINTS MADE EARLIER, WE STATED OUR OPINION, OUR OPINION DURING THE LAST COUNCIL MEETING, AND SOME OF US WERE ABUNDANTLY CLEAR ABOUT WHERE WE WERE.

AND SO I, I, UM, UH, ULTIMATELY, I THINK FOR ME, WE GOTTA ASK OURSELVES WHY ARE WE HERE? WHY ARE WE WILLING TO PUT OURSELVES TO BE PUBLIC SERVANTS, UH, IN THE FIRST PLACE? AND, AND SO WHEN PROJECTS LIKE THIS COME FORWARD FOR ME, IT HAS, IT HAS BECOME ABUNDANT CLEAR.

WHY? UM, AND THESE ARE JUST SOME OF THE FACTS ABOUT THE PROJECT THAT IS BEING PROPOSED.

UH, USD FUELS IS TRYING TO MAKE A PROJECT WORK, UM, UH, BY OFFERING THE CITY $200,000 A YEAR AND OFFSET SOME, UM, UH, YOU KNOW, TO OFFSET SOME OF THE, UH, POLLUTION, A THOUSAND TREES OVER 10 YEARS AND 100 AIR PURIFIERS.

THANK YOU.

I UNDERSTAND THAT THAT DOESN'T HAPPEN ON A REGULAR BASIS IN DIFFERENT COMMUNITIES, SO I APPRECIATE IT.

UM, BUT IF APPROVED, THE PROJECT WOULD HAVE 140 ADDITIONAL TRUCK TRIPS DRIVING THROUGH THE WEST SIDE OF NATIONAL CITY EVERY SINGLE DAY, ONE BLOCK AWAY FROM MCKINLEY APARTMENTS, AND LESS THAN HALF A MILE AWAY FROM ST.

ANTHONY'S CHURCH, AS WELL AS KIMBALL SCHOOL, WHICH, UM, WE'VE HAD A LOT OF KIMBALL SCHOOL GRADS.

AND I'M, UH, UH, PROUD TO SAY THAT, UM, MY KIDS ATTEND SCHOOL THERE AS WELL.

IT'S THE ONLY DUAL IMMERSION SCHOOL IN THE DISTRICT.

IT IS A VERY SPECIAL SCHOOL WITH ALLOTTED RICH HISTORY.

SO, UM, SO THOSE ARE SOME OF THE FACTS.

UM, DURING THE LAST COUNCIL MEETING, UH, THERE WAS A STATEMENT THAT WAS MADE THAT SAID, ENVIRONMENTAL JUSTICE DOES NOT HAVE SACRIFICIAL LAMBS.

AND IN THIS COMMUNITY, IN ONE OF THE COMMUNITIES THAT ARE MOST POLLUTED IN THE STATE, WE SHOULD NOT BEAR THE BURDEN YET AGAIN, FOR REGIONAL BENEFITS OF OUR ENVIRONMENT, IT SHOULDN'T HAPPEN.

WE SHOULD NOT BE THE SACRIFICIAL LAMBS.

THIS IS NOT FAIR.

THIS IS NOT OKAY.

I SAID THIS LAST TIME, AND I, AND I THANK THE PROPONENTS FOR BRINGING IN AND THANK YOU, UH, COUNCIL MEMBER BUSH FOR TRYING TO MAKE SOME DEAL WORK, BUT IT, IT, IT REALLY DOESN'T MAKE SENSE FOR US TO TAKE THE HIT FOR THE REGION YET AGAIN.

AND SO, UM, OUR VERY OWN HEALTH AND ENVIRONMENTAL JUSTICE ELEMENT OF THE NATIONAL CITY GENERAL PLAN CALLS FOR A REDUCTION IN DIESEL POWER TRUCKS IN THE COMMUNITY.

AND, UH, THIS PROJECT WILL INEVITABLY LEAD TO DETRIMENTAL, UH, IN PUBLIC INTEREST, HEALTH AND THE SAFETY OF OUR COMMUNITY.

AND, UH, THE DYNAMIC OF SUPPORTING THIS INDUSTRY, THE DYNAMIC IN THE HIS, IN THE HISTORY OF NATIONAL CITY HAS BEEN THAT WE SUPPORT INDUSTRY ABOVE ANYTHING ELSE, ABOVE OUR OWN HEALTH, ABOVE OUR OWN, UH, ABILITY TO REVENUE, TO GENERATE REVENUE.

IT REALLY DOESN'T MAKE SENSE.

AND, AND THE REASON FOR THAT IS BECAUSE WE'VE HAD LEADERSHIP IN THE PAST THAT HASN'T REALLY THOUGHT THIS THROUGH, AND WHAT IT MEANS TO BRING IN SOME OF THESE INDUSTRIES, NOT JUST FOR NOW, BUT FOR THE NEXT 10, 15, AND 20 YEARS.

HOW WILL THE CITY, HOW WILL THE WEST SIDE LOOK IF WE CONTINUE TO BRING IN THESE INDUSTRIES OVER AND OVER AND OVER AGAIN? SO, UH, FOR THOSE REASONS, UM, I WILL VOTE AGAINST THIS AGAIN.

AND, UH, I'M EAGER TO HEAR WHAT MY COLLEAGUES WOULD HAVE TO SAY.

THANK YOU, MEMBER, UH, MEMBER BUSH.

SO FIRST OF ALL, I REALLY APPRECIATE EVERYBODY'S PATIENCE.

I KNOW IT'S BEEN A LONG, UH, NIGHT TO TONIGHT, AND EVERYBODY'S STAYING OUT LAST NIGHT.

I WANNA KINDA REITERATE WHAT THE MAYOR SAID ABOUT THIS BEING A QUASI-JUDICIAL HEARING.

THIS WAS AN APPEAL THAT GO, THAT'S BASICALLY A LEGAL PROCESS, SO WE HAVE A HIGHER STANDARD.

SO I WAS VERY, VERY CAREFUL ABOUT HOW I SPOKE PUBLICLY ABOUT THIS, WHO I SPOKE WITH, OR HOW, AT LEAST HOW I, I SPOKE.

BUT IT, I WAS ALWAYS OPEN.

THERE WAS A LOT OF MISINFORMATION AND ASSUMPTIONS MADE ABOUT MY POSITION.

AND, UH, SO I ALSO, UH, LEMME JUST SAY STRAIGHT OUT, UM, I APPRECIATE THE APPLICANTS, BUT I'M ALSO GOING TO BE, BE VOTING NO.

UH, AND, BUT I DID DO MY VERY BEST TO TRY TO GET TO, YES, AND TO TRY TO SEE IF THIS PROJECT COULD GET TO ZERO EMISSIONS.

I WANTED YOU GUYS TO GET AT LEAST A FAIR SHOT, AND I WAS VERY GENUINE WITH YOU ABOUT WHAT MY MOTIVATIONS WERE FROM THE FIRST MEETING WE HAD TWO YEARS AGO.

I TOLD, I TOLD Y'ALL, I DON'T SEE MYSELF SUPPORTING

[03:40:01]

THE PROJECT, BUT I DO, I DID, AND I DO APPRECIATE, I'VE NEVER SEEN AN APPLICANT GIVE AIR FILTER OR, UH, OFFER FOR AS OF CONDITIONS OF APPROVAL.

AIR FILTERS, UH, OFFER, UH, TREE PLANTINGS.

BUT MY, MY ISSUE WAS ALWAYS, AND EVEN WITH THIS, IT DOESN'T GET TO ZERO EMISSIONS.

SO IT'S CONSISTENT WITH CQA.

AND I ALSO APPRECIATE THAT YOU ALL MET OUR CQA THRESHOLDS, WHICH, UH, WAS 10 PARTS OF CANCER PER MILLION.

BY THE WAY, THAT'S SOMETHING THAT AIR POLLUTION CONTROL DISTRICT, THAT THRESHOLD, THEY APPROVED, THAT CARB APPROVED AS WELL, THEY IMPROVED THE THRESHOLD BY, BY TENFOLD.

SO THAT WAS GOOD.

AND I ALSO DIDN'T WANT TO KEEP MOVING THE GOALPOSTS, BUT AT THE END OF THE DAY, WHAT I'M LOOKING AT IS OUR CIRCLES AND THIS BEING A HEAVILY IMPACTED COMMUNITY, UM, WE, IT CALLS FOR AN 80% REDUCTION.

SO WHAT WAS PRESENTED BEFORE US, SO, SO THE OFFSETS RIGHT, THAT IT WASN'T ENOUGH.

IT'S NOT ENOUGH.

THE OFFSETS OVER FIVE YEARS, UM, THE DIESEL LOCOMOTIVES, UM, CARB EVEN, THERE WAS A STATISTIC, UH, FROM CARB THAT POTENTIALLY, AND THIS WAS ACTUALLY IN THE DRAFT DIR, UH, LETTER, THAT BY 2030, THAT THE LOCOMOTIVES COULD BE UP TO FOUR TIMES DIRTIER THAN EVEN THE, UM, EVEN THE TRUCKS.

SO THERE WAS THAT POTENTIAL, UH, THE TECHNOLOGY WAS NOT AVAILABLE.

UM, WE HAD NO CONTROL OVER BNSF.

UM, IT, IT WASN'T CLEAR TO ME EVEN IF WE COULD ASK FOR THOSE TIER FOUR LOCOMOTIVES.

THAT'S WHY I ASKED THAT QUESTION.

UM, AND IT WAS CLEAR THAT THE TECHNOLOGY FOR ZERO EMISSION LOCOMOTIVES IS NOT GONNA BE AVAILABLE TILL I, I SAW AN ESTIMATE 2035, UM, YOU KNOW, AROUND THERE.

SO, UH, SO IT JUST, THERE, THERE WASN'T ENOUGH THERE.

UH, THE TREE PLANTINGS.

SO, SO ALL THOSE MITIGATION ISN'T IDEAL.

UH, IT'S MUCH BETTER TO JUST PREVENT THE POLLUTION, AND THAT'S REALLY WHERE I WAS TRYING TO GET AT.

AND YOU GUYS STATED MULTIPLE TIMES THAT YOU DIDN'T HAVE CONTROL OVER THE TRUCKS GOING IN AND OUT.

UM, BUT YOU GUYS TRIED, AND I, I DO APPRECIATE THAT.

UM, BUT THE, UM, UH, BUT THERE WASN'T, UH, THERE ISN'T THE TECHNOLOGY AVAILABLE FOR ZERO EMISSIONS.

THE NA WHAT I'M ALSO LOOKING AT, UM, IS THE NATIONAL, UM, KIND OF THE NATIONAL, UH, POLITICS, IF YOU WILL, AND WHERE THINGS ARE AT.

WE LOST A LOT OF FUNDING LAST YEAR, UH, WITH THIS ADMINISTRATION AND WITH, UH, THE INFLATION REDUCTION ACT, WHICH PROVIDED US A LOT OF ELECTRICAL, UH, VEHICLE, UH, FUNDS, ALL THAT STRIKE UP.

AND SO I JUST DIDN'T SEE, UM, A, UM, WAY TO REALLY GET THERE.

BUT I, I, A COUPLE OF THINGS THAT, UM, WEREN'T, I FEEL LIKE ACKNOWLEDGED ENOUGH ABOUT THE FACTS AND THE ENVIRONMENTAL IMPACT REPORT, THERE WAS AN AIR QUALITY BENEFIT.

I WAS VERY SURPRISED BY THAT.

I APPRECIATE THAT, BECAUSE, BUT, BUT THAT WAS FOR THE REGION.

SO THERE, THERE WAS THAT, UM, THE, WE DO NEED AND CARB, I DID TALK TO CARB LAST WEEK.

UH, WE DO NEED THE BIODIESEL AND ETHANOL AS A TRANSITION FUEL, BUT THERE JUST WASN'T, UH, ENOUGH FOR ME.

UM, AND I, AND I DID, YOU KNOW, UM, YOU KNOW, TRY TO LOOK INTO THIS AND TRY TO BE OPEN, BUT THEY'RE, UM, YOU KNOW, JUST US BEING IN THIS QUASI-JUDICIAL HEARING, I, I WANT TO EXPLORE EVERYTHING AND ALL POSSIBILITIES.

UM, AND I DON'T THINK IT'S ALL YOUR FAULT.

I THINK THERE'S FUNDING, UM, GAPS AND, UM, IT'S, IT'S CHALLENGING, BUT THERE JUST WASN'T, UH, ENOUGH THERE.

SO I DO APPRECIATE YOU ALL.

I APPRECIATE THE COMMUNITY, BUT I, I DO WANNA SAY THIS ON THE COMMUNITY.

NUANCE IS VERY IMPORTANT.

WE HAVE A ROLE.

IT'S VERY EASY FOR ME TO SAY.

NO, THAT'S THE EASY PART.

THE HARDER PART IS TO TRY TO GET TO A, YES.

I'M NOT AGAINST INDUSTRY.

I'M NOT AGAINST, UH, EVEN THIS CONCEPT.

I THINK, UH, BRINGING SOMETHING IN, UH, RAIL VERSUS TRUCKS, THAT'S A VERY GOOD, UH, POSITIVE THING THAT I DON'T THINK WAS ACKNOWLEDGED ENOUGH TONIGHT.

BUT AT THE END OF THE DAY, THAT IT, IT JUST, FOR ME, IT WASN'T, UM, IT, IT WASN'T ENOUGH.

UM, BUT I, UM, I THINK THAT I DON'T WANT TO IGNORE EITHER.

I WANT TO BE REAL WITH EVERYONE HERE, THAT ALL THE ISSUES, THE CANCER, HIGH RATES OF ASTHMA, THE POLLUTION THAT EXISTS TODAY, IT EXISTED BEFORE THIS APPLICANT HAD NOTHING TO DO WITH APPLICANT.

IT'S GOING TO, IF WE, IT SOUNDS LIKE THERE'S A VOTE, LIKE TO OPPOSE THIS, UM, IT'S, UM, IT'S STILL GONNA BE THERE.

THE POLLUTION IS STILL GONNA BE THERE.

AND WE STILL HAVE CALTRANS THE LARGEST CONTRIBUTOR, THE LARGEST LANDLORD THAT IS RESPONSIBLE FOR DIESEL PARTICULATE MATTER.

WE HAVE NOT DONE ENOUGH.

AND I DO TAKE RESPONSIBILITY FOR THAT.

I DON'T THINK WE'VE DONE ENOUGH ON COMPLIANCE THAT WAS MENTIONED TONIGHT.

[03:45:01]

AND THAT WAS PART, I UNDERSTOOD WHAT THE COMMUNITY WAS SAYING, THAT WE HAVEN'T DONE ENOUGH JOB AS A CITY IMPLEMENTING OUR AM AMORTIZATION ORDINANCE.

WE HAVEN'T DONE A GOOD ENOUGH JOB, UM, UH, HAVING COMPLIANCE, MAKING SURE THERE'S IDLING.

SO I DON'T WANT THIS CONVERSATION TO DIE HERE.

I THINK WE NEED TO DOUBLE DOWN ON OUR EFFORTS ON CLEANING UP OTNC, THE, THE WEST SIDE.

I THINK THERE'S A LOT OF DIFFERENT WAYS THAT WE CAN WORK TOGETHER AND DO THAT.

BUT I ASK ALL YOUR SUPPORT.

WE HAVE TO HAVE CALTRANS ACCOUNTABLE, AND WE ALSO HAVE TO HAVE THE PORT ACCOUNTABLE.

AND THAT'S BEEN SOMETHING THAT I'VE BEEN VERY DISAPPOINTED BY OVERALL, IS THAT WE HAVEN'T HAD CONSENSUS ON THE PORT.

AND I THINK IT WAS, UH, BRADLEY, THAT, THAT BROUGHT THAT UP EARLIER, THAT, UM, THAT WE, WE, WE STILL, UM, UM, WE, WE STILL NEED TO HOLD THE PORT ACCOUNTABLE.

AND THERE'S, WE, WE NEED TO MOVE FORWARD WITH THAT.

I APPRECIATE THE ELECTRIFICATION AND THOSE EFFORTS, BUT THERE'S STILL MORE THAT NEEDS TO BE DONE.

AND WE ASK, UH, FOR YOUR HELP AND YOUR SUPPORT SUPPORTING OUR PORT COMMISSIONER GIL , WHO'S HERE EARLIER.

SO, UH, AGAIN, I REALLY APPRECIATE EVERYONE'S OPENNESS.

I KNOW IT'S BEEN REALLY LONG, BUT AT THE END OF THE DAY, I THINK WE, WE STILL HAVE TO TRY TO GIVE, UH, ALL DEVELOPERS A CHANCE.

AND INSTEAD OF JUST SAYING, NO, LET'S SEE HOW WE CAN, YOU KNOW, TURN THINGS AROUND.

BUT AT LEAST WE WENT THROUGH A REALLY STRONG, THOROUGH VETTING PROCESS.

AND THAT'S, AND THAT'S WHAT WE NEED TO DO.

SO, I, I, UH, APPRECIATE Y'ALL.

THANK YOU.

REMEMBER MO THANK YOU, MAYOR.

THANK YOU.

THANK YOU TO EVERYBODY TONIGHT.

THANK YOU TO, UM, THE DEVELOPERS FOR COMING HERE AGAIN, UH, LISTENING THROUGH ALL OF THIS.

I KNOW IT COULD NOT HAVE BEEN EASY.

I HAVE REVIEWED THE NEW CONDITIONS, NUMBER 70 THROUGH 72 THROUGH 76.

UM, NOTHING HERE CHANGES.

THE FUNDAMENTAL ISSUES.

THE ENFOR, THERE'S ENFORCEMENT THAT DOESN'T ENFORCE THE IDLING OF TRUCKS.

THAT DEPENDS ON COMPLAINTS, NOT MONITORING.

NATIONAL CITY DOESN'T HAVE STAFF TO PATROL TRUCK YARDS OR MEASURE COMPLIANCE.

THIS MEANS ENFORCEMENT ONLY HAPPENS IF RESIDENTS WILL COMPLAIN.

AGAIN, PUTTING THE BURDEN ON THE SAME PEOPLE THAT ARE ALREADY AFFECTED.

IF COMPLIANCE DEPENDS ON RESIDENTS CALLING CITY HALL EVERY TIME A TRUCK IDS FOR TOO LONG, THAT'S NOT MITIGATION, THAT'S EXHAUSTION.

UH, THE TREES AND THE AIR FILTER CONDITIONS, UM, THEY SOUND POSITIVE, BUT THEY DON'T SOLVE THE PROBLEM.

UH, THE COMPANY PLANS TO COORDINATE WITH HOMEOWNERS.

I DON'T REALLY KNOW WHAT THAT MEANS, BUT I CAN ONLY IMAGINE THAT RESIDENTS WILL NEED TO BE ASKED TO HOST AND WATER AND MAINTAIN THESE TREES AT THEIR OWN COST.

AGAIN, SHIFTING THE RESPONSIBILITY TO RESIDENTS ALREADY LIVING WITH HIGH UTILITY BILLS AND CUMULATIVE POLLUTION.

YOU CAN'T HAND A RESIDENT A WATER HOSE AND THEN CALL THAT ENVIRONMENTAL JUSTICE.

AND A THOUSAND TREES IS NOT GOING TO OFFSET 26,000 TRUCK TRIPS PER YEAR.

THE QUOTAS WITHOUT ACCOUNTABILITY, THE NEW AIR QUALITY CONDITIONS ARE WRITTEN AS LONG TERM BENCHMARKS, NOT ENFORCEABLE ACTIONS.

THERE IS NO REQUIREMENT FOR CLEANER ENGINES, NO DEADLINE FOR ZERO EMISSION TRUCKS, NO CONSEQUENCES.

IF BENCHMARKS AREN'T MET.

WE HEARD SOME OF THE COMMENTS FROM THE DEVELOPERS SAY, WELL, YOU KNOW, WITHIN FIVE YEARS, IF THOSE BENCHMARKS AREN'T MET, IT'S A CONDITIONAL USE PERMIT.

YOU CAN REMOVE THE PERMIT.

I HAVE DOUBTS THAT AFTER THIS TYPE OF INVESTMENT IN THIS AREA, THAT IT WOULD SUDDENLY GO AWAY AFTER FIVE YEARS.

I, I REALLY DON'T THINK THAT THAT IS, UM, REASONABLE.

UM, IT IS SELF-POLICING WITHOUT REAL OVERSIGHT.

UM, OUR CITY'S OWN POLICIES SAY, REDUCE POLLUTION ON THE WEST SIDE, NOT REPACKAGE IT.

THE WEST SIDE DESERVES THE SAME STANDARD OF PROTECTION AS EVERY OTHER NEIGHBORHOOD.

AGAIN, I HAVE REVIEWED THE NEW CONDITIONS, AND NOTHING HERE CHANGES THE FUNDAMENTAL ISSUE.

IT IS STILL A 24 HOUR INDUSTRIAL PROJECT BRINGING MORE DIESEL TRUCKS, MORE EMISSIONS, MORE RISK INTO THE NEIGHBORHOOD THAT'S ALREADY OVERBURDENED.

NONE OF THESE CONDITIONS REDUCE THE TRUCK TRIPS, LIMIT OPERATION OR FIX THE CONFLICT WITH OUR HEALTH AND ENVIRONMENTAL JUSTICE ELEMENT.

THE PLANNING COMMISSION GOT IT RIGHT.

THIS PROJECT CONFLICTS WITH THE PORTSIDE COMMUNITY EMISSIONS REDUCTION PLAN, AND WITH OUR OWN ENVIRONMENTAL AND OR HEALTH AND ENVIRONMENTAL JUSTICE ELEMENT, NOTHING I'VE SAID THAT ALREADY.

THIS PROJECT ADDS HARM, LACKS ACCOUNTABILITY, AND DIRECTLY CONTRADICTS THE POLICIES THAT WE ADOPTED TO PROTECT OUR RESIDENTS.

[03:50:01]

THE WEST SIDE HAS DONE ITS SHARE.

WE ARE NOT SAYING NO TO PROGRESS, WE'RE JUST NOT WANTING TO BE, CONTINUE TO BE THE PRICE OF IT.

FOR THOSE REASONS, I AM VOTING NO, AND I MOVE TO UPHOLD THE PLANNING COMMISSION'S DENIAL.

SECOND, THANK YOU SO MUCH.

THANK YOU SO MUCH, MR. CHAIR.

UM, IT'S, IT'S A DIFFICULT DECISIONS THAT WE HAVE TO MAKE HERE ON THE DAES AS A QUASI-JUDICIAL BODY.

UM, YOU KNOW, MANY LAST MONTH WE DIDN'T SAY NO, WE DIDN'T SAY YES.

WE REQUESTED FOR MORE INFORMATION TO COME BACK TO US.

AND THAT'S WHAT STAFF, WHICH I, I APPRECIATED SO MUCH WITH THE HELP OF THE DEVELOPER TO ANSWER THOSE QUESTIONS AND TO ADDRESS THOSE MITIGATING FACTORS, MITIGATING FACTORS THAT I HAVE SEEN.

I AM, I AM REALLY, UM, DISAPPOINTED THAT, UM, MY COMMUNITY IS SAYING THOSE WORDS, BUT THEY HAVE NOT GIVEN ME A RESOLUTION.

I HAVE, YES, YOU KNOW, MEAN WE HAVE A, A BLIGHTED AREA FOR GENERATIONS AND GENERATIONS.

WHEN I WENT, WHEN I LEARNED ABOUT THIS PROJECT, I WENT TO MARTIN.

I SAID, MARTIN, WHO'S, WHO'S THIS DEVELOPER? CAN YOU PLEASE TELL THEM TO CLEAN IT UP? BECAUSE NONE OF THOSE NEIGHBORS ARE TRYING TO GIVE OR TO PUT BNSF ACCOUNTABLE TO THAT PROPERTY.

SO THIS DEVELOPER, I'M SURE OUR, OUR DIRECTOR TALKED TO THEM.

AND THE NEXT WEEK THAT I WENT THERE, IT WAS CLEANED.

YOU KNOW, WE ARE HERE TO MITIGATE THE POLLUTION PROBLEM.

WE ARE HERE TO, TO MAKE SURE THAT WE FOLLOW THE, THE GUIDELINES THAT WERE THROWN UPON US ABOUT, UH, UH, CLEAN AIR, UH, ENVIRONMENTAL, UM, UM, UM, HE HEALTHY ENVIRONMENT FOR, FOR, FOR US TO BE, UM, SOCIALLY RESPONSIBLE FOR, UM, BEING, ALLOWING THE ENVIRONMENT TO BE CLEAN AND FOR ALL OUR NEXT GENERATIONS.

YOU KNOW, I MEAN, OUR YOUNGER GENERATIONS, YOU KNOW, I MEAN, TO COME AND HAVE THAT, THAT HEALTHY ENVIRONMENT.

UM, I UNDERSTAND THERE WERE, YOU KNOW, I MEAN, IT'S, IT'S A DIFFICULT PROCESS FOR THE DEVELOPER TO FOLLOW ALL THIS MITIGATING FACTORS OF ZERO EMISSIONS.

I UNDERSTAND THAT.

I UNDERSTAND.

YOU KNOW, I MEAN, THE, THE COMMUNITY IN THE WEST SIDE, UM, IS COMPLAINING ABOUT, YOU KNOW, I MEAN THIS AIR POLLUTION, YOU KNOW, ACTUALLY IT'S ALL AROUND NATIONAL CITY.

THE WIND GOES TO THE EAST, WHICH IS MY, WHICH IS MY DISTRICT, DISTRICT THREE.

SO, YOU KNOW, I MEAN, WHAT I'M SAYING HERE IS IF WE ARE GOING TO, TO MAKE SURE THAT THIS PROPERTY THAT IS OWNED BY BNSF, IT, IT'LL BE VERY HARD TO SEE THEM TO LOSE OUR POSITION, YOU KNOW, TO LOSE OUR POSITION IN HAVING A LITTLE BIT OF CONTROL TO THAT ENVIRONMENT.

BUT THE MITIGATING FACTORS THAT WERE GIVEN TO US, PLANT TREES, WE'RE DOING THAT ALREADY.

HOW MANY HAVE WE PLANTED? 140.

140, YOU KNOW, I MEAN, THANK YOU.

UM, YOU KNOW, I MEAN, JOVANNI, BUT THAT'S VERY DIFFICULT TO DO.

UM, YOU KNOW, I MEAN, THE, THE, THE OTHER FACTORS THAT WERE PROVIDED, YOU KNOW, I MEAN, THESE ARE MITIGATING FACTORS, YES.

BUT IT DOESN'T REALLY ADDRESS THE FACTORS THAT WE HAVE REQUESTED.

AND, YOU KNOW, I MEAN, JUST LIKE I SAID, I MADE MYSELF NOT READ ANYTHING, RIGHT? I WANTED THE DIRECTION OR THE REPORT THAT COMES FROM MR. READER AND FROM THE COUNCIL AND FROM MY CITY MANAGER.

AND SO THAT'S WHAT I HAVE YOU MEAN.

I WISH THAT I HEAR MY CONSTITUENTS SAY WE CAN DO BETTER, BUT NOT COMPLAINING.

IT'S DIRTY, IT'S AIR.

YOU KNOW, THEY'RE GONNA, YOU KNOW, I MEAN, THEY'RE TRYING TO PUT SOMETHING HERE TO HELP US.

IT DOESN'T WORK.

YES.

BUT WE CANNOT LIKE, DISCOURAGE THEM TO, TO, TO, UM, YOU KNOW, I MEAN, TO, TO PROMOTE OR, OR TO MOVE THROUGH WITH, WITH INVESTING INTO THE COMMUNITY.

MOST ESPECIALLY IN THAT AREA THAT'S HAS BEEN BLIGHTED FOR GENERATIONS.

YOU TOLD ME THIS, I'M THREE YEARS IN OFFICE.

BEEN HERE IN 1990 IN NATIONAL CITY, SO I'VE SEEN THAT PLACE, RIGHT? MY ASSISTANT SAID, YOU KNOW, I'M IN THE ROUTE.

I WAS CHECKING ON IT.

HOW'S THE ROUTE, WHERE'S THE ROUTE? BECAUSE YOU'RE, YOU ARE CONCERNED ABOUT THE ROUTE.

WHERE'S THE, HOW'S THE ROUTE? WE'RE, WE'VE BEEN DILIGENTLY LOOKING AT IT.

I, I THINK VICE MAYOR FOR, FOR, UM,

[03:55:01]

YOU, I MEAN, ALLOWING, VOLUNTEERING HIMSELF TO GET ALL THIS, UM, THIS INFORMATION SO HE CAN PASS IT THROUGH OUR COUNCIL AND OUR COUNCIL CAN PASS IT THROUGH TO US.

YOU KNOW, THERE ARE PROCESSES THAT WE HAVE TO FOLLOW, AND WE HAVE TO BE VERY CAREFUL IN ORDER FOR US NOT TO MAKE A MISTAKE.

MOST ESPECIALLY HERE, YOU KNOW, I MEAN, WE, WE ARE ALWAYS, YOU KNOW, MAKE OURSELVES REPRESENT YOU AND ARE ACCOUNTABLE TO YOU.

UM, YOU KNOW, I MEAN, AGAIN, UM, I, I WISH THAT I CAN SAY 100%, LET'S GO FOR THE PROJECT.

THE ONLY THING THAT I AM CONCERNED RIGHT NOW IS THE RIGHT OF BNSF IN THAT PROPERTY.

AND THEN THEY BUILD THERE WITHOUT EVEN COMING TO US AND BUILD ANYTHING THEY WANTED.

WE DON'T HAVE A SAY, RIGHT? WE DO NOT HAVE A SAY, BECAUSE THEN THEY WILL EXERCISE BY, RIGHT? OKAY.

THAT'S LAND USE.

THAT'S LAND USE.

I UNDERSTAND.

YOU KNOW, I MEAN, WE HAVE TO LOOK AT THIS, HOW WE RECEIVE THE INFORMATION, HOW WE RECEIVE THE INFORMATION LACKS, YOU KNOW, I MEAN, THE THINGS THAT WE WERE LOOKING FOR AS A COUNCIL, YOU KNOW, I MEAN, WITH REGARDS TO THE MITIGATING FACTORS, I AM.

SO, YOU KNOW, I MEAN, UM, UH, I'M, I'M, I'M GRATEFUL TO THE DEVELOPER, MR. THE TEAM OF MR. FURKIN, YOU KNOW, I MEAN, UM, OF, OF AT LEAST SITTING DOWN AND ADDRESSING THIS.

AND, UM, I WISH, SIR, THAT, YOU KNOW, I MEAN, YOUR TEAM WILL, WILL, WILL NOT BE DISCOURAGED TO, UM, TO, UM, TO INVEST IN THIS COMMUNITY, YOU KNOW, AND, AND WORK SOMETHING THAT WILL, THAT WILL, UM, ADDRESS, YOU KNOW, I MEAN, THE POLICIES THAT WE HAVE, UM, THAT WE HAVE SET FOR OURSELVES.

IT'S OUR GUIDELINES.

IT'S OUR BIBLE HERE.

SO THEN WE DON'T MAKE A MISTAKE, YOU KNOW, WE'RE NOT PERFECT.

YOU KNOW, WE, WE PUT OUR DIFFERENT OPINIONS.

WE THROW IT TO OUR CITY MANAGER, TO OUR COUNCIL, TO THE MAYOR, TO EACH OTHER, JUST SO WE, WE MAKE SURE THAT WE ARE DOING THE RIGHT THING.

YOU KNOW? I MEAN, I AM, I AM SAD THAT WE CANNOT PUT A PROJECT THAT, THAT WILL ACCEPT THE POLICY THAT WE HAVE.

BUT I ENCOURAGE YOU AND THE, THE, THE PEOPLE WHO ARE HERE, YOU KNOW, I MEAN, TO, TO, TO MAKE SURE THAT THAT BLIGHTED THE AREA, BE MAINTAIN THE CLEANLINESS THAT IT HAS RIGHT NOW, BECAUSE THE DEVELOPER WAS THE ONE WHO CLEANED IT UP, NOT THE WORDS THAT I HEARD FROM YOU.

RIGHT? SO IF YOU REALLY WANTED YOUR ENVIRONMENT TO BE CLEAN, CONTINUE TO MAINTAIN THAT, THAT THAT PARCEL, THE 7.5 ACRE THERE.

SO THEN IT'S GONNA BE A BETTER CLEAN AIR IN OUR COMMUNITY.

YOU KNOW, SMALL THINGS THAT WE DO, YOU KNOW, SMALL THINGS THAT WE DO THAT WILL MAKE OUR COMMUNITY BETTER.

UM, YOU KNOW, I MEAN, I, I WISH THAT WE CAN DO BETTER.

MY, MY CONCERN RIGHT NOW IS WHAT BNSF IS GONNA DO IN OUR CITY.

THANK YOU, MAYOR.

OKAY.

OKAY, MR. MAYOR.

OKAY.

WE'VE ALL HAD A CHANCE TO SPEAK, SO WE NEED A MOTION.

THANK YOU, MR. MAYOR.

I DON'T BELIEVE THAT.

I DON'T BELIEVE THAT THIS IS, UH, THIS PROJECT IS CONSISTENT WITH OUR ENVIRONMENTAL JUSTICE GOALS.

CAN WE PLEASE NOT HAVE DISCUSSION IN THE BACK? CAN'T HEAR UP HERE.

I DON'T BELIEVE THAT THIS PROJECT IS CONSISTENT WITH OUR ENVIRONMENTAL JUSTICE GOALS AND NOT DEEMED ESSENTIAL OR DESIRABLE FOR PUBLIC WELFARE.

AND, UH, ON THOSE BASIS, I MAKE A MOTION TO REJECT THIS PROJECT.

SECOND.

OKAY.

OKAY.

ANY DISCUSSION ON THE MOTION? I THINK WE'VE ALL HAD OUR SAY.

WE SAID TOO MUCH ALREADY.

PROBABLY.

WITH THAT, WE PLEASE VOTE, REJECT THE PROJECT MOTION APPROVE UNANIMOUSLY.

OKAY.

OR 10.

YEAH.

OKAY.

ALRIGHT, WE'RE GONNA TAKE, OKAY.

OKAY.

OKAY.

WE STILL HAVE A MEETING GOING ON HERE.

THANK YOU.

EXCUSE ME.

YEAH, THERE'S STILL A COUNCIL MEETING GOING ON HERE.

THANK YOU.

WE'RE GONNA TAKE A SHORT BREAK

[04:00:01]

AND, BECAUSE WE'VE BEEN SITTING FOR A GOOD NUMBER OF HOURS, AND, UH, BUT LET'S KEEP IT SHORT.

LET'S GET BACK, BACK ON UP HERE THEN.

AND WE WILL, WE'LL BE GOING DIRECTLY INTO, UH, 10.1 AT THAT TIME.

ALL RIGHT.

UM, I AM GOING TO, UH, CALL THE MEETING BACK TO ORDER, UH, ALL MEMBERS AT THE DIOCESE WITH THE EXCEPTION OF COUNCILMAN ROD, UH, RODRIGUEZ.

AND, UH, WITH THAT WE

[10.1 Continued Public Hearing – Adoption of an Amendment of NCMC 9.38 Establishing a Tobacco Retail License Program]

ARE GONNA GO TO, UM, 10.1.

THIS IS THE CONTINUED PUBLIC HEARING ON THE ADOPTION OF THE AMENDMENT OF THE NATIONAL CITY MUNICIPAL CODE 9.38, ESTABLISHING A TOBACCO RETAIL LICENSE PROGRAM.

AND THIS IS THE SECOND READING.

AND SO IT IS FOR ADOPTING THE ORDINANCE, UM, SETH, THROUGH THE CHAIR.

YES.

UM, DO WE HAVE TO HAVE OPEN, UM, WHAT DO YOU CALL THIS? OPEN THE HEARING.

OPEN HEARING.

WELL, WE, WE GET A STAFF REPORT FIRST.

OH, WE GET, OKAY.

YES.

THANK YOU AGAIN.

MAYOR, VICE MAYOR, COUNCIL STAFF, AND THE PUBLIC.

AND, UH, I APOLOGIZE.

I MISSPOKE EARLIER.

I MEANT TO SAY MARTIN READER, DIRECTOR OF COMMUNITY DEVELOPMENT ALREADY.

THAT'S WHAT I WAS TOLD.

WHEN I SEE THE PAYCHECK, I'LL LET YOU KNOW.

WE'LL SEE HOW , THERE WAS A QUESTION YOU HAVEN'T ANSWERED.

THIS IS, THIS IS MY PROBATIONARY PERIOD.

UM, I'LL MAKE THIS QUICK.

UH, WE OBVIOUSLY HAD A FIRST, UH, PUBLIC HEARING AND FIRST READING OF THIS ITEM AT OUR LAST MEETING.

WE DID, UH, MODIFY SOME SECTIONS, WHICH I HAVE INCLUDED ON THE SCREEN, UH, AS A FAC A FACSIMILE OF WHAT I PROVIDED AS THE ATTACHMENT STRIKE THROUGH UNDERLINE TO YOUR STAFF REPORT.

SO THE PRIMARY CHANGES WERE TO SECTION 9 3 8 0.050, WHERE WE WERE TALKING ABOUT SIGNAGE AND THE SPEC SPECIFICATION THAT, THAT WE WERE TALKING ABOUT SIGNAGE VISIBLE TO THE OUTSIDE.

SO THAT CHANGE HAS BEEN MADE.

UH, 9 3 8 1 1 10 LICENSE IS NOT TRANSFERABLE, OBVIOUSLY.

WE HAD A LOT OF DISCUSSION ABOUT THAT.

AND ULTIMATELY, UH, LICENSEES ARE TRANSFERABLE BETWEEN, UH, PROPRIETORS OR PEOPLE, BUT NOT, UH, FROM ONE LOCATION TO ANOTHER.

UH, ALSO WE HAD SOME CHANGES TO THE VIOLATIONS AND PENALTIES.

SO WE, WE, UH, DISCUSSED SPECIFIC WHAT KIND OF SPECIFIC VIOLATIONS, AND WE LANDED ON SELLING VIOLATIONS, UH, BEING THE ONES THAT WOULD, UH, COUNT TOWARDS THE, THE, YEAH, THE, SORRY, THE THREE WITHIN A 36 MONTH PERIOD.

SO, UM, THE FIRST OF THE TIER OF, OF, UH, I'M TIRED, SO I'LL JUST SAY PUNISHMENTS.

THE FIRST ONE, FIRST VIOLATION WOULD BE A WARNING.

SECOND ONE, RATHER THAN BEING 300, AND THE LICENSE SUSPENDED FOR 90 DAYS WOULD JUST BE A FLAT $1,000 FINE.

UH, FOR THE THIRD, UH, THIRD POINT THERE, A, A THIRD VIOLATION RATHER THAN 600 AND A SUSPENSION OF ONE YEAR, IT WOULD NOW BE $5,000.

AND THE LICENSE SUSPENDED FOR 30 DAYS.

AND THEN ANY, A FOURTH ONE WOULD RESULT IN THE LICENSE BEING REVOKED FLAT OUT.

SO THOSE WERE THE, THE CHANGES THAT WERE MADE AT THE LAST MEETING.

SO, TONIGHT'S, UH, OPTIONS WOULD BE TO DISCUSS THOSE AND TO, UH, ADOPT THE ORDINANCE, OR IF THERE ARE ANYTHING ELSE WE NEED TO TALK ABOUT, I'M HERE FOR, FOR QUESTIONS.

OKAY.

SO THE, THE TWO AREAS, OF COURSE, IS THE VIOLATION OF PENALTIES, WHICH HAVE UP THERE, AND THEN ALSO IS ON THE IDEA OF THE, UM, LOCATION AND TRANSFER, UH, TRANSFER OF LICENSE TRANSFERABILITY, CORRECT? CORRECT.

THAT WAS THE DIRECTION GIVEN TO STAFF.

YES.

OKAY.

UM, ANY DIRECT QUESTIONS ON THAT? OTHERWISE, WE'RE GONNA GO TO OPEN THE PUBLIC HEARING.

OKAY.

AT THAT POINT, I'M GONNA DECLARE THE PUBLIC HEARING OPEN.

AND, UH, ONCE AGAIN, WE DO HAVE A GOOD NUMBER OF SPEAKERS.

AND SO, UH, IF SOMEONE'S ALREADY SAID YOUR, YOUR PIECE, JUST SAY DITTO ON IT, THAT'S ALWAYS GOOD TOO.

AND, UM, HELPFUL ON ALL OF THIS.

MAY.

SO ONCE AGAIN, WE'LL DO, BEFORE WE BEGIN THE PUBLIC HEARING, CAN I MAKE A MOTION TO EXTEND THE MEETING PAST 10, 30 HOUR, 10 30, MARK.

SECOND.

GOOD, GOOD POINT TO MAKE AT THIS TIME.

SO MAKE IT THE MOTION.

CONSIDER, UH, TIME CERTAINTY.

I HAVE NO IDEA WHAT TIME WILL END.

1130.

CAN WE GIVE IT AN HOUR? I DOUBT WE'LL END BY THEN.

HAVE YOU SEEN THE NUMBER OF SPEAKERS I GOT ON THIS ONE ITEM? AND WE HAVEN'T EVEN GOT THE CONSENT CALENDAR YET, SO NO, NOT LET'S JUST GO UNTIL WE DROP.

UNTIL WE DROP.

I KNOW, MAN.

I'VE HAD MY COFFEE.

I DON'T KNOW ABOUT YOU GUYS.

YOU HAVE TO GO.

I MEAN, IS MIDNIGHT OKAY? IS THAT ALL RIGHT? I'M NOT PUTTING A TIME CERTAIN.

I, I JUST WANT TO GET, OKAY, LET'S JUST TRY TO GET IT OVER.

YEAH, LET'S JUST TRY TO, TRY TO GET IT OVER AS SOON AS POSSIBLE THAT WITHIN REASON.

OKAY.

WE HAVE A,

[04:05:01]

UH, MOTION AND A SECOND TO EXTEND THE, UH, MEETING BEYOND THE 10 30 MARK, PLEASE VOTE.

MOTION APPROVED BY FOUR TO ONE VOTE WITH RODRIGUEZ VOTING NOW.

OKAY.

UM, SO ANYWAY, OPENING THE PUBLIC HEARING AT THIS STAGE, I WILL, UH, ONCE AGAIN PUT OFF, UH, UH, THREE NAMES AND AS I SAY, WILL, YOUR NAME IS CALLED, PLEASE GO INTO THE AISLE, AND THAT WILL, UH, HELP SPEED THIS THING ALONG.

UH, FIRST WE HAVE, UH, ROB, UH, ROBIN, ER, FOLLOWED BY URBAN, UH, HERMAN, UH, IRMA HERNANDEZ.

IT IS GETTING LATE.

AND THEN IS SHARON PARK.

GOOD.

THANK YOU, MAYOR.

COUNCIL ROBIN, ER REPRESENTING NEIGHBORHOOD MARKET ASSOCIATION.

UH, I WANNA FIRST BE CLEAR THAT WE SUPPORT ALL OF THE REVISIONS THAT STAFF HAS PROPOSED, AND, AND WE THANK, UH, STAFF FOR THAT.

UM, HOWEVER, WE DO PROPOSE ONE CLARIFICATION AND ONE MINOR EDITION.

UM, IMAGINE THAT YOU ARE A SMALL BUSINESS OWNER AND NATIONAL CITY, AND YOU HAPPEN TO SELL, UH, TOBACCO PRODUCTS OUTSIDE OF YOUR RETAIL LOCATION PURSUANT TO A LICENSE.

AND, UH, AND WITH NO VIOLATIONS, NO, UH, DISCIPLINARY ACTIONS IN GOOD STANDING.

AND FOR REASONS BEYOND YOUR CONTROL, EITHER YOUR LEASE IS NOT RENEWED BY YOUR LANDLORD, OR, UH, GOD FORBID, SOME NATURAL DISASTER.

YOUR BUILDING BURNS DOWN, IT GETS FLOODED, UM, OR EVEN SOME SORT OF GOVERNMENTAL ACTION PURSUANT TO IMMINENT DOMAIN.

YOU ARE ALL OF A SUDDEN NO LONGER ALLOWED TO OPERATE OR CAN NO LONGER OPERATE AT YOUR LOCATION.

WE PROPOSE THAT IN THOSE VERY LIMITED SITUATIONS, THAT LOCATION TRANSFERS BE ALLOWED AND NOT BE SUBJECT TO THE SEPARATION DISTANCE OR THE MAXIMUM NUMBER OF LICENSES.

AGAIN, THIS IS NOT A FREE FOR ALL.

IT JUST PROTECTS THE, UH, LAW ABIDING GOOD STANDING RETAILERS WHO HAVE LICENSES TO BE ABLE TO CONTINUE TO OPERATE IN ANOTHER LOCATION RATHER THAN HAVE TO GIVE UP THEIR BUSINESS ALTOGETHER.

IN MOST CASES, THOSE ARE FAMILY BUSINESSES.

UH, AND A LOT OF OUR, UM, UH, MEMBERS OF NEIGHBORHOOD MARKET ASSOCIATION FIND THEMSELVES IN THOSE SITUATIONS, UH, MORE OFTEN THAN YOU MAY THINK.

THAT'S THE FIRST, UH, UH, AGAIN, MINOR ADDITION.

THE SECOND IS A CLARIFICATION FOR THE, UH, PROPRIETORS TO BE ABLE TO TRANSFER, UH, THEIR LICENSES, WHICH IS ALLOWED UNDER THE REVISIONS THAT YOU'VE MADE.

WE JUST THOUGHT THAT WOULD BE HELPFUL TO MAKE IT CLEAR THAT THOSE TYPES OF TRANSFERS ARE EXEMPT FROM THE 93.9 0.3 8.040 DISTANCE LIMITATIONS, AND, UH, MAXIMUM NUMBER OF LICENSES THAT I BELIEVE WAS YOUR INTENT.

HOWEVER, IT'S NOT COMPLETELY CLEAR IN THE ORDINANCE AS IT'S BEEN REVISED.

IF YOU'RE WILLING TO ENTERTAIN, UH, THESE, UH, CHANGES, UH, THEN I CAN ASSURE YOU THAT OUR MEMBERS, OUR SUPPORTERS WHO ARE HERE, MANY OF THEM, UH, ARE STILL HERE.

MANY OF THEM DID HAVE TO LEAVE, UH, WILL, UH, NOT HAVE TO SPEAK.

THEY WILL SUPPORT WHAT I'M SAYING, .

AND THIS HOPEFULLY APPEALS TO THE DESIRE WELL, THERE'S A BARGAIN.

BARGAIN CHIP.

YEAH.

TO, TO THE DESIRE TO, UH, YOU KNOW, IN THE, IN THIS MEETING IN A TIMELY FASHION.

WITH THAT, UH, I'M HERE TO ANSWER ANY QUESTIONS.

OKAY.

THANK YOU.

ALRIGHT.

UH, WE HAD, UH, IRMA HERNANDEZ TO BE FOLLOWED BY, UH, SHARON, UH, PARK.

JOSE.

[04:10:57]

THANK YOU, KEVIN, NATIONAL CITY.

THANK YOU, GRA.

THANK YOU.

UH, TRANSLATOR, PLEASE, LOUISA.

GOOD AFTERNOON COUNCIL MEMBERS.

IT IS VERY NICE TO HAVE THESE KIND OF SUCCESSES.

IT'S, IT'S REALLY NICE WHEN YOU ACTUALLY WORK FOR YOUR COMMUNITY AND NOT FOR THE AGENCIES, UM, OR OTHER BUSINESSES, WHICH WE NEED.

BUT AS I HAVE ALREADY MENTIONED, MY NAME IS I HERNANDEZ.

I AM THE PRESIDENT OF THE CAL, UH, THE COL, THE COALITION FOR, UH, BETTER HEALTH.

I, UM, I, I, I THANK EACH AND EVERY ONE OF YOU, BUT ESPECIALLY JOSE RODRIGUEZ AIDAS FOR THEIR LEADERSHIP AND SINCERE COMMITMENT TO PROTECT OUR YOUNG ONES AND THE HEALTH OF OUR COMMUNITY.

I WOULD LIKE TO EXPRESS SOMETHING THAT, UH, WORRIES ME.

SOME OF YOU DO NOT LOOK AFTER YOUR COMMUNITY, AND YOU SEEM TO BE FORGETTING THAT YOU REPRESENT THE FAMILIES, KIDS, AND OLDER ADULTS THAT ARE A PART OF THESE COMMUNITY.

DIDS, UM, ACCEPTED SOME OF THE CHANGES, UM, BUT I THINK YOU DID NOT DO YOUR WORK APPROPRIATELY, UM, BEGINNING WITH CERTAIN, UM, THINGS THAT WOULD BLOCK OUR ORDINANCE.

HOW IS IT POSSIBLE THAT YOU CHANGED ALL OF THE PENALTIES AND THEN YOU ADDED, UM, ALL THE ONES THAT WERE ASKED BY THESE RETAILERS? WHO DID YOU REPRESENT THEM OR OUR COMMUNITY IN NATIONAL CITY? THANK YOU.

THANK YOU.

OKAY.

UH, SHARON, LET'S SEE.

YEAH.

SHARON PARK, KYLE ALDERMAN.

HUH? UH, I DON'T NEED TO SPEAK .

OKAY.

YOU'RE A DITTO.

OKAY.

OKAY.

UH, LOUISA MCCARTHY.

UH, JIM MCD.

WHAT? ROBIN SAID, .

THAT THE PROPER ANSWER FOR HUSBAND, YOU SHOULD.

PERFECT.

PER GOOD JOB.

GOOD JOB.

OKAY.

UM, UH, MICKEL.

POLANCO.

OKAY.

UH, ALLISON MORRISON.

LANCE, UH, HERMANS.

IS THIS HIM? ROB.

OKAY.

EDWARD NIETO.

HIS WIFE'S NOT HERE, SO HE'S GONNA TALK .

YOU KNOW, THAT'S PRETTY ACCURATE.

.

EXACTLY.

, UH, LET ME SEE HERE.

UM, GET A LITTLE BIT MORE SERIOUS ABOUT THIS.

UM, I SAY THESE THINGS NOT TO BE CRITICAL AND MAYBE, MAYBE I AM VERY CRITICAL.

I GET, BUT LET ME, LET ME PUT, SORRY.

YOU'RE RIGHT.

UM, THIS, THE TRL PROCESS WAS PAINFUL.

[04:15:01]

IT'S TOOK, IT'S TAKEN A LONG TIME, BUT GO BACK, I THINK WOULD DO YOU GOOD TO FIGURE OUT WHY IT WAS SO PAINFUL THE WAY THIS WAS ORIGINALLY PRESENTED AND THE WAY IT ENDED THERE WAS A BIG CORRECTION.

AND HOW DID THAT CORRECTION, WHY DID THAT CORRECTION TAKE PLACE? YOU KNOW, I THINK QUESTIONS NEED TO BE ASKED SO THAT YOU DON'T REPEAT THE SAME MISTAKES.

'CAUSE YOU CAN'T BE DOING THIS ABOUT THESE THINGS AND ABOUT CHICKEN ORDINANCES.

IT'S JUST SO INEFFICIENT.

YOU KNOW, YOU'VE GOTTA PUT SOME THOUGHT INTO THIS.

AND I THINK PART OF THE CONFUSION I SEE IS THE REVISION IS WHETHER THIS, THIS ORDINANCE IS THIS THOUGHT, WAS IT THE FIRST DRAFT? WAS IT THE COUNCIL MEMBER'S RESPONSIBILITY TO DRAFT THIS? OR WAS IT THE RESPONSIBILITY OF STAFF TO PUT THIS FORTH? THERE SEEMS TO BE SOME CONFUSION BECAUSE I THINK THERE'S, YOU KNOW, I THINK THERE'S SOME POINT FINGER POINTING HERE OF WHOSE FAULT IS IT? AND I THINK THAT WAS SLOPPY WORK, YOU KNOW, TO, TO NOT RECOGNIZE THE, THE, THE MERCHANTS HERE, ALTHOUGH THEY BEAR RESPONSIBILITY FOR NOT SPEAKING UP TOO.

BUT THAT WAS A GREAT OVERSIGHT.

AND I THINK THAT NEEDS, THESE ARE THE PROCESS CHANGES THAT I THINK YOU NEED TO LOOK AT.

SO THESE TYPE OF THINGS DON'T HAPPEN AGAIN.

OKAY.

THANK YOU.

UH, MIKE HERMEZ.

OKAY.

UH, CHRISTOPHER HERMEZ.

I, GOOD EVENING, MAYOR AND CITY COUNCIL.

MY NAME IS MIKE.

I'M THE OWNER OF RANCH HOUSE LIQUOR AND NATIONAL CITY.

I STAND BEFORE YOU TONIGHT AS A BUSINESS OWNER WHO LOVES AND CARE DEEPLY FOR THIS COMMUNITY.

I'M ASKING YOU ACCEPT THE CHANGES MADE BY NMA AND WHAT ROBIN SAID, BUT I NEED TO ADD SOMETHING.

WHAT TRULY MATTER, WHAT, WHAT TRULY MATTER TO ME AS OUR COMMUNITY, ESPECIALLY OUR YOUTH, OUR SONS AND DAUGHTERS.

THAT'S, THAT'S WHY ALWAYS ASK FOR IDS TO MAKE SURE NO ONE UNDERAGE CAN BUY TOBACCO OR ALCOHOL.

WE DO IT BECAUSE WE CARE, BECAUSE WE WANT TO PROTECT THEM, GUIDE THEM, AND KEEP THEM SAFE.

THE REAL SOLUTION IS NOT PUNISHMENT, BUT PARTNERSHIP.

WORKING TOGETHER WITH FAITH AND LOVE TO PROTECT OUR CHILDREN AND BUILD STRONGER FUTURE.

LET'S STAND UNITED WITH GOD'S GUIDANCE TO KEEP OUR CITY SAFE, OUR FAMILY STRONG, AND OUR HEARTS OPEN.

THANK YOU.

THANK YOU, .

THANK YOU.

UH, JEFF MANSUR.

OKAY.

YOU'RE A DITTO.

OKAY.

ALRIGHT.

UH, LAWRENCE OR SAME AS ROBIN.

OKAY.

SAME AS ROBIN.

OKAY.

AND, UH, UH, CYNTHIA KNAPP .

GOOD EVENING, EVERYBODY.

ALRIGHTY.

UM, GOOD EVENING COUNCIL.

THANK YOU SO MUCH FOR YOUR UNANIMOUS VOTE LAST MONTH.

WE'RE SO THANKFUL FROM BEHALF OF THE COMMUNITY, AND THANK YOU SO MUCH, COUNCIL MEMBER RODRIGUEZ, FOR YOUR LEADERSHIP AND YOUR DEDICATION TO THE YOUTH AND FOR YOUR COMMITMENT TO THIS, UM, REALLY IMPORTANT POLICY.

WE'RE SO THANKFUL.

UM, E CORRESPONDENCE WAS SENT TODAY, WHICH I'D LIKE TO REITERATE FOR PUBLIC RECORD, BUT I TIMED MY COMMENT AND I WILL GO OVER THE MAXIMUM AMOUNT OF TIME.

SO I'M JUST GONNA FOCUS ON SECTION 9.3860 VIOLATION AND PENALTIES.

UM, SECTION A, SO THE RECORDING IN THE TRANSCRIPT OF THE LAST COUNCIL MEETING SHOWED SOME CONFUSION ON THE DS AROUND A 36 MONTH LOOK BACK PERIOD, OR A 60 MONTH LOOK BACK PERIOD.

AND WHICH IS IN THE BEST INTEREST OF PUBLIC HEALTH.

TO BE CLEAR, THE RECOMMENDATION IS A FIVE YEAR, 60 MONTH LOOK BACK PERIOD.

IF WE'RE DOING COMPLIANCE CHECKS EVERY OTHER YEAR, THE ENFORCING MECHANISM WILL NOT HAVE TIME OR THE ABILITY TO GO AND CAPTURE FOUR VIOLATIONS WITHIN A THREE YEAR PERIOD.

RIGHT? AND SO WE STRONGLY ENCOURAGE YOU GUYS TO RECONSIDER THAT 36 MONTH POLICY AND INCREASE IT TO 16 MONTHS, AS YOU GUYS DISCUSSED LAST TIME.

SECONDLY, I REALLY APPRECIATE YOUR CONSIDERATION OF THE ANIME'S REQUESTED PENALTY STRUCTURE.

HOWEVER, THE COMMUNITY DID NOT HAVE ADEQUATE TIME TO REVIEW AND TO PROVIDE INPUT.

AND IT IS CLEAR THAT THIS SCHEDULE

[04:20:01]

IS MUCH WEAKER THAN WHAT WAS APPROVED IN SEPTEMBER.

REMOVING THE LICENSE SUSPENSION FOR THE SECOND VIOLATION AND REDUCING IT TO A MERE 30 DAYS FOR THE THIRD VIOLATION IS NOT RECOMMENDED TO BRING ABOUT COMPLIANCE.

PLEASE CONSIDER AT MINIMUM FOR A SECOND VIOLATION, THE THOUSAND DOLLARS FINE PLUS A 30 DAY SUSPENSION, AND FOR THE THIRD VIOLATION, A $5,000 FINE PLUS A 90 DAY SUSPENSION.

UM, IN SECTION C, THE SAME SECTION, THERE IS A TYPO WHERE IT SAYS THAT THE UNDERAGE BUYER WOULD BE 18 YEARS OR UNDER, BUT SINCE TOBACCO CAN BE PURCHASED AT AGE 2121, WE RECOMMEND INCREASING THAT UP TO THE LEGAL AGE TO PURCHASE.

AND WITH MY REMAINING SECONDS, I WOULD JUST LIKE TO REITERATE MY GRATITUDE ON BEHALF OF THE COMMUNITY.

SAFE SAN DIEGO AND NATIONAL CITY COALITION FOR BETTER HEALTH AND GOOD NIGHT.

OKAY.

UH, JACK BOZZIE, I, THERE YOU, I THOUGHT IT WAS PAST YOUR BAD TIME, JACK.

I'M SORRY.

.

GOTTA SAY SOMETHING.

UH, LEMME GET MY GOOD EVENING.

MAYOR MORRISON, UH, RESPECTED CITY COUNCILS AND CITY CLERK.

I THINK WE'RE HERE AGAIN FOR A SECOND TIME HEARING REGARDING THE TOBACCO LICENSE PROGRAM.

UM, I'M THE OWNER OF CUISINE'S GROCERY OVER IN THERE OVER 47 YEARS WITH NO VIOLATION.

ONCE YOU WALK IN IN A CUISINE, THERE'S A BIG SIGN.

TWO OF 'EM, YOU KNOW, THERE.

IF YOU ARE 40, YOU GOTTA SHOW YOUR ID OR UNDER, YEAH.

SO THAT'S A PART OF IT.

AND THANK GOD, YOU KNOW, THE EMPLOYEES KNOWS BEAR THAT THEY TAKE CARE OF IT AND THEY CHECK EVERY ID.

AND SECOND, I CONSIDER THE CITY OF NATIONAL CITIES REALLY LIKE MY SECOND HOME.

SO I ASK YOU GUYS, YOU KNOW, JUST TO BE ABLE IN, IN THE FUTURE FOR RETIREMENT SERVICE, UH, PURPOSE, THAT WILL BE ABLE TO TRANSFER THE FULL BASIC LICENSE, INCLUDING THE TOBACCO TO THE NEW OWNER, IF THERE'S ANY SALE.

AND JUST BE FAIR AND JUSTICE WITH US, YOU KNOW, FOR THE, OUR FUTURE RETIREMENT, FOR SAKE OF OUR FAMILY, AND FOR SAKE OF OUR FUTURE RETIREMENT THERE.

YEAH, AND ONE THING I'LL SAY, YOU KNOW, IS LIKE A EXAMPLE OF THE WAY SELLING THE STORE WITHOUT THE CIGARETTE LICENSE.

IT'S LIKE ASKING SE SELLING A HOME AND YOU SAY YOU SELL YOUR HOME WITHOUT YOUR BACKYARD.

THANK YOU, JACK.

I TELL YOU, YOUR, YOUR PEOPLE ASK ME FOR MY ID AND I WAS ONLY BUYING A SANDWICH, SO I, ANYWAYS, .

ALRIGHT, UM, MANUEL TI BE FOLLOWED BY LILIANA ARMA.

UH, GOOD EVENING COUNCIL MEMBERS, UH, MAYOR, UM, NATIONAL CITY COALITION FOR BETTER HEALTH.

FIRST, I WANT TO THANK YOU, UH, FOR PASSING THE TOBACCO RE LICENSE PROGRAM.

I ALSO WANT TO THANK TOBACCO RETAILERS, RESPONSIBLE TOBACCO RETAILERS THAT, UH, I KNOW THAT THEY'RE, I I DO THE, THE DECOS WITH YOUTH THAT I KNOW 80% OF THEM ARE, ARE GOOD.

HOWEVER, UH, THIS OR IS NOT AS STRONG AS WE HOPE IN TERMS OF PROTECTING YOUTH AND, AND, AND HOLDING TOBACCO RETAILERS, UH, BAD TOBACCO RETAILERS ACCOUNTABLE.

FOR THE LAST TWO YEARS, WE HAVE, UH, COME RESIDENTS, UH, STUDENTS, PARENTS, PUBLIC HEALTH ADVOCATES, UH, COLLECTED MORE THAN 300 POSITIONS.

UH, DONE MORE THAN 200 PUBLIC COMMENTS, UH, GOTTEN, UM, UH, SCHOOL RESOLUTIONS IN SUPPORT OF STRONG, UH, TOBACCO RETAIL LICENSE PROGRAMS. WE DID THIS BECAUSE WE CARE DEEPLY ABOUT, UH, PROTECTING YOUTH AND COM AND PROTECTING THE COMMUNITY.

UH, YOU KNOW, YET THE TOBACCO INDUSTRY REPRESENTATIVE REPRESENTATIVES AND ATTORNEYS CAME, UH, AT THE VERY END OF THE PROCESS, THREATENING THE CITY WITH A LAWSUIT AND LYING SAYING THAT THEY DIDN'T KNOW ABOUT THE PROCESS.

UH, WITHIN TWO MEETINGS, THEY WERE ABLE TO INFLUENCE CHANGES ON PENALTIES AND VIOLATIONS THAT ALIGN ENTIRELY WITH A REQUEST PRIORITIZING BUSINESS' INTEREST OVER PUBLIC HEALTH AND YOUTH SAFETY.

DURING THIS PRO, DURING THIS PROCESS, WE WITNESSED THE INDUSTRY, UH, FREELY INTERRUPT AND, YOU KNOW, INFLUENCE PROCEEDINGS.

WHILE, UH, WELCOME WHILE COMMITTEE VOICES, VOICES WERE RESTRICTED, WE ALSO WITNESSED BAD BEHAVIOR AT THE CHAMBERS DOOR.

UH, THE YOUNG MAN, EVERLY, UH, BRAVELY SHARE HIS EXPERIENCE ON HOW EASY TO ACCESS VAPING PRODUCTS AND WHO ALMOST DIED FROM A, UH, THE SEVERE LUNG, UH, CANCER WAS BLOCKED BY THE DOOR AT TOBACCO RETAILER.

UH, WHILE, WHILE HEADING OUT, UH, HE FALSELY WAS ACCUSED OF ASSAULT, YOU KNOW, UH, TO THE POLICE OFFICER AT THE DOOR.

UH, THAT ILLUSTRATES, UH, THE MORAL CHARACTER OF SOME OF THE TOBACCO RETAILERS AND WHY STRONG PROTECTIONS ARE NECESSARY.

UH, YOU KNOW, A $5,000.

UH,

[04:25:01]

THANK YOU FOR YOUR COMMENT.

THANK YOU.

UH, LILIANA MENTA, FOLLOWED BY STEPHAN, UH, GASPAR.

GOOD EVENING, MAYOR AND COUNCIL MEMBERS.

I KNOW I WAS PROBABLY SLEEPING .

OKAY? UM, I COME TO YOU AS A RESIDENT AND AS A MOTHER, UM, I HAVE, UH, EXPERIENCED, UM, MY TEEN, UM, YOU KNOW, UH, USE TOBACCO, USE VAPES USE, YOU KNOW, UM, IN MY IMMEDIATE INSTINCT IS TAKE EVERYTHING AWAY FROM HER.

YOU KNOW, SHUT NATIONAL CITY DOWN.

TAKE ALL THESE STORES DOWN.

YOU KNOW, THAT'S WHAT I WANNA DO.

I WANNA KEEP HER IN THE BUBBLE.

WE CAN'T MAMA BEAR, RIGHT? YES.

AND ALL THE EDUCATION THAT'S OUT THERE, ALL THE ORDINANCES AND POLICIES THAT YOU GUYS DO, YOU KNOW, WHO IS IT HURTING? BECAUSE AT THE END OF THE DAY, WHETHER IT'S MY CHILD, WHETHER IT'S SOMEBODY THAT'S ADDICTED TO NICOTINE OR TOBACCO, THEY'RE GONNA FIND A WAY TO GET WHAT THEY NEED OR WHAT THEY WANT.

SO, I'M HERE TONIGHT.

I PUT UP OPPOSITION, BUT I, I WAS CONFUSED WITH THE AMENDMENT.

SO I AM IN SUPPORT OF THE AMENDMENT TO, UH, BE ABLE TO TRANSFER THESE LICENSES.

WHY? BECAUSE OUR SMALL BUSINESS OWNERS LIKE MIKE, NADIA ANALI, THEY AREN'T, THEY'RE, THEY'RE NOT JUST MERCHANTS.

THEY'RE OUR MENTORS.

THEY'RE OUR NEIGHBORS, AND THEY ARE THE EXTRA SET OF EYES, MAKING SURE OUR KIDS GET HOME SAFELY.

THEY DON'T JUST RING UP TRANSACTIONS, THEY BUILD RELATIONSHIPS WITH EVERYBODY HERE.

THEY KNOW WHICH TEENAGER JUST GOT THEIR FIRST JOB, WHICH MOM IS STRUGGLING TO MAKE ENDS MEET, AND WHICH GRANDPARENT MAY NEED HELP CARRYING THEIR GROCERIES TO THEIR CAR.

THESE BUSINESSES RAISED MANY OF THE COMMUNITY, UH, ONE AFTERSCHOOL SNACK AT A TIME BECAUSE THEY'VE BEEN HERE FOR DECADES.

WE CAN PROTECT OUR KIDS WITHOUT DESTROYING THE CORNER STORES THAT HELPED RAISE THEM.

I AGREE.

THAT YOU SHOULD BE, UH, EXPOSED TO, SHOULD NOT BE EXPOSED TO FLASHY UH, PRODUCTS, BUT AT THE END, UH, LET'S PROTECT OUR SMALL BUSINESS OWNERS IN THEIR FUTURE.

THANK YOU.

OKAY, THANK YOU.

UM, THEN WE HAVE, UH, RAMON MONUR POPULAR LADY.

OKAY? AND, UH, ALRIGHT.

UM, THAT'S ALL THE SPEAKERS, HUH? THERE SHOULD BE FOR I HAVE TWO MINUTES.

OH, GOOD.

COME FORWARD.

HELLO MEMBERS OF OF .

IT'S BEEN A LONG DAY.

UM, MY NAME IS NADIA AND I AM ORA.

I AM, UM, THE CO-OWNER OF RANCH HOUSE LIQUOR WITH MY HUSBAND MIKE.

MM-HMM .

YOU KNOW, I'M HERE.

I, I WANNA, YOU KNOW, I WANNA SUPPORT, UH, I SUPPORT EVERYTHING THAT ROBIN SAYS, BUT I WANNA MAKE SOMETHING CLEAR.

WHY ARE WE BEING THE BUSINESS OWNERS? WHY ARE WE BEING AS VILLAINS? WE ARE LAW ABIDING.

WE ARE, WE WORK WITH YOU GUYS.

WE WORK WITH THE COMMUNITIES, WE WORK WITH THE CHURCHES.

WE WORK WITH THE HOMES.

WE HIRE YOUNG KIDS.

WE GIVE THEM SKILLS.

YET LISTENING TO PEOPLE HERE, IT SEEMS LIKE WE'RE VILLAINS.

I, I, I'M, I'M BAFFLED.

WHY IS THAT? WHAT ARE WE DOING? WE ARE, WE ARE ONLY LAW ABIDING BY THE REGULATIONS YOU'RE PUTTING.

BUT THESE REGULATIONS THAT YOU'RE GONNA PUT IS GONNA HURT US TREMENDOUSLY.

IF MY LANDLORD DECIDES, WELL NOW THAT HE KNOWS I HAVE A LICENSE IN THERE THAT I CAN'T TAKE IT AND MOVE IT OUT NEXT DOOR, GUESS WHAT'S GONNA HAPPEN? HE'S GONNA WATCH RUPAL MY RENT.

WHAT'S GONNA HAPPEN TO THIS COMMUNITY? I HAVE TO INCREASE MY PRICES.

WHY? BECAUSE I GOTTA MAKE MY PAYMENTS.

YOU REALLY GOTTA THINK ABOUT THIS.

BUT THE END OF THE DAY, WHY ARE WE BEING TREATED AS VILLAINS? WE ARE YOUR PARTNERS.

WE WORK WITH YOU.

LET'S CONTINUE TO WORK TOGETHER.

THAT'S THE ONLY WAY WE'RE GONNA GET THIS THROUGH.

WE SEE THE WHAT THE YOUTH, WE CAN TELL YOU WHAT THEY NEED.

WE CAN GIVE OUR IDEAS, BUT DON'T TREAT US LIKE OUTSIDERS.

CONTINUE TO WORK WITH US, PLEASE.

THANK YOU.

MM-HMM .

OKAY.

ALRIGHT.

UH, THAT, THAT FINISHES OFF OUR PUBLIC SPEAKERS, BUT WE ALSO HAVE SOME ON ZOOM.

WE DO, UM, SURPRISE, LYTHE YOUNG.

GOOD EVENING, MAYOR AND COUNCIL.

MY NAME IS BLYTHE YOUNG.

I'M THE REGENT SENIOR LEAD OF COMMUNITY GOVERNMENT RELATIONS FOR THE AMERICAN HEART ASSOCIATION IN CALIFORNIA.

I WAS SHOCKED AT THE LAST MEETING TO HAVE THE LAWYER FROM THE

[04:30:01]

NEIGHBORHOOD MARKET ASSOCIATION CALLED UP TO REDLINE YOUR ORDINANCE.

I'VE BEEN WORKING ON TOBACCO RETAIL LICENSE ORDINANCES FOR OVER SEVEN YEARS AND HAVE NEVER SEEN TOBACCO INDUSTRY REPRESENTATIVES CALLED UP TO PROVIDE DETAILED CODE CHANGES AFTER PUBLIC COMMENT HAS CONCLUDED.

I URGE YOU NOT TO FURTHER WEAKEN YOUR POLICY TONIGHT AND TO ULTIMATELY ESTABLISH A FAIR AND LEVEL PLAYING FIELD FOR TOBACCO RETAIL THROUGH AN ACCOUNTABLE BUSINESS LICENSE TO SELL TOBACCO PRODUCTS.

THAT'S WHAT A TOBACCO RETAIL LICENSE IS.

NOT A PUNISHMENT.

IT'S NOT ULTIMATELY GOING TO DO ALL THINGS PUBLIC HEALTH.

IT IS GOING TO CREATE A BUSINESS LICENSE TO SELL A PRODUCT LIKE YOU DO IN MANY OTHER ASPECTS IN YOUR CITY.

I HAVE THE FOLLOWING REVISIONS FROM THE PUBLIC HEALTH PERSPECTIVE THAT I WOULD ASK YOU TO GIVE EQUAL WEIGHT AND CONSIDERATION TO THOSE OF THE INDUSTRY ALREADY PROPOSED.

I URGE YOU TO REFLECT THE PUBLIC HEALTH LAW CENTER MODEL WITH THE SUSPENSION BASED STRUCTURE THAT YOU STARTED WITH.

THESE MONETARY PENALTIES, ALTHOUGH THEY SEEM HIGH, ARE A DROP IN THE BUCKET COMPARED TO THE TOTALS THAT WOULD BE LOST DURING THE SUSPENSION PERIOD.

IF YOU'D LIKE TO MAKE THESE FOR YOUTH SALES OR FLAVORED TOBACCO SALES, GO AHEAD.

BUT PLEASE FOLLOW THE PUBLIC HEALTH LAW CENTER MODEL IF YOU DO KEEP YOUR MONETARY PENALTIES.

I REQUEST THAT YOU CLARIFY IN YOUR PUBLIC POLICY IN CODE THAT THE LICENSEE IS RESPONSIBLE FOR THOSE MONETARY PENALTIES TO PROTECT MINIMUM WAGE EARNING STAFF AND CLERKS.

I ALSO ASK YOU TO CONSIDER A PENALTY FOR THE FIRST VIOLATION FOR YOUTH SALES OR SELLING FLAVORED TOBACCO PRODUCTS AND A 60 MONTH LOOK BACK PERIOD.

PLEASE GIVE THESE CONSIDERATIONS EQUAL WEIGHT AS YOU DID FOR THE LENGTHY DISCUSSION WITH THE REPRESENTATION FROM THE INDUSTRY.

THANK YOU.

WHAT WE'VE GOT WRITTEN.

THANK YOU MADISON WRAP.

HI.

GOOD EVENING.

UM, JUST WANNA ECHO WHAT SOME OTHER PEOPLE HAVE SAID AND ALSO THIS ORDINANCE IS AN IMPORTANT STEP FORWARD.

REQUIRING LOCAL LICENSES FOR EVERY TOBACCO RETAILER.

KEEPING STORES AWAY FROM SCHOOLS AND PARKS, BANNING DISCOUNTS AND FREE SAMPLES, AND HOLDING VIOLATORS STRICTLY ACCOUNTABLE.

THESE ARE SMART COMMUNITY-FOCUSED MEASURES THAT PUT FAMILIES AND CHILDREN FIRST.

ADDITIONALLY, I ALSO WANT TO APPLAUD THE TOWN OF TIBURON.

I DON'T KNOW IF YOU HEARD ABOUT THIS, BUT THIS IS A SMALL TOWN IN THE BAY AREA RIGHT NEAR SAN FRANCISCO THAT RECENTLY TOOK THE BOLD STEP TO BAN ALL TOBACCO AND NICOTINE SALES ENTIRELY.

THEIR ACTION SHOWS WHAT'S POSSIBLE WHEN A CITY FULLY COMMITS TO PUBLIC HEALTH AND PREVENTION.

WHILE NATIONAL CITIES PROGRAM BUILDS A STRONG FOUNDATION FOR ACCOUNTABILITY AND OVERSIGHT TODAY, TIBURON'S EXAMPLE REMINDS US OF THE ULTIMATE GOAL, A FUTURE WHERE NO CHILD GROWS UP SURROUNDED BY PRODUCTS DESIGNED TO ADDICT THEM.

I'M REALLY GRATEFUL THAT THIS TRL IS UP FOR ADOPTION TONIGHT.

AND HOPEFUL NATIONAL CITY CAN LEAD THE REGION IN CREATING A TOBACCO FREE FUTURE.

THANK YOU FOR PROTECTING OUR KIDS, SUPPORTING OUR FAMILIES, AND PRIORITIZING HEALTH OVER PROFIT.

THANKS.

THANK YOU.

PEGGY WALKER.

HELLO.

I HAVE WORKED IN YOUTH TOBACCO USE PREVENTION MANY YEARS, AND I THANK YOU FOR THIS TRL ORDINANCE, ESPECIALLY COUNCIL MEMBER RODRIGUEZ, FOR YOUR COMMITMENT TO PROTECT YOUTH AND PUBLIC HEALTH.

I HAVE SOME CONCERN.

MOST OF THE INDUSTRY'S REQUESTED CHANGES WERE ADOPTED WITHOUT FULL UNDERSTANDING OF LONG STANDING INDUSTRY TACTICS TO WEAKEN PUBLIC HEALTH POLICIES.

FOR EXAMPLE, REDUCING SUSPENSION TIME FROM 90 DAYS TO 30 DAYS FOR REPEAT VIOLATIONS SIGNIFICANTLY WEAKENS THE NEED FOR STRONG PENALTIES.

THERE SHOULD BE ZERO TOLERANCE FOR SELLING ILLEGAL FLAVORED PRODUCTS OR SELLING TO MINORS.

SOME RETAILERS MAY PREFER PAYING A $5,000 FINE RATHER THAN FACING A MEANINGFUL SUSPENSION, MAKING THIS CHANGE MORE FAVORABLE TO VIOLATORS THAN COMMUNITY PROTECTION.

ALSO, THE LOOKBACK PERIOD SHOULD BE FIVE YEARS INSTEAD OF THREE TO ENSURE MEANINGFUL ENFORCEMENT.

AND IT DOESN'T MAKE SENSE TO CONDUCT ECO OPERATIONS ONLY EVERY OTHER YEAR WITHIN A THREE YEAR PERIOD.

AS THAT PERIOD EXPIRES, IT WILL OPEN THE DOOR FOR RETAILERS TO CONTINUE SELLING PRODUCTS ILLEGALLY TO UNDERAGE KIDS.

I ASK YOU TO PRI PRIORITIZE STRONG ENFORCEMENT TO ENSURE ACCOUNTABILITY.

AND I WANNA SAY THAT THAT INCLUDES ACCOUNTABILITY FOR ILLEGAL SALES OF PRODUCTS ADVERTISED AS TOBACCO FREE, LIKE ZEN AND VELO NICOTINE POUCHES THAT ARE VERY HIGH IN ADDICTIVE NICOTINE AND CURRENTLY ARE HIGHLY POPULAR AMONG YOUTH.

AGAIN, THANK YOU.

THANK YOU.

UH,

[04:35:02]

ANNA RODRIGUEZ.

ANNA RODRIGUEZ.

OKAY.

THAT CONCLUDES OUR ZOOM COMMENTS.

OKAY.

UM, BEFORE WE CLOSE PUBLIC COMMENT, 'CAUSE I'M KIND OF CONFUSED ON ONE ISSUE I'M GONNA ASK ROBIN MCD COME BACK UP FOR A MOMENT.

UM, THE FIRST POINT THAT YOU BROUGHT UP ABOUT AN AMBIGUITY BETWEEN THE IDEA THAT, AS I UNDERSTOOD WHAT YOU SAID, UH, IF A, A LICENSE WAS TRANSFERRED, THAT THERE WAS SOME AMBIGUITY, WHETHER, IF IT WAS, IT WAS TRANSFERABLE, IF THEY WERE WITHIN THE THOUSAND FOOT.

IS THAT WHAT YOU WERE SAYING? WHAT I WAS WAS SAYING WAS THAT THE WAY IT'S WRITTEN RIGHT NOW FOR THE OWNERSHIP TRANSFER MM-HMM .

IT JUST STOPS AT THAT, THAT OWNERSHIP TRANSFERS ARE ALLOWED.

WHAT I WAS SUGGESTING, THAT IT ALSO REFER BACK TO THE FACT THAT THAT MEANS IT'S EXEMPT FROM THE SECTIONS IN OH FOUR OH.

UM, THAT DEAL WITH THE DISTANCE AND THE MAXIMUM NUMBER OF LICENSES.

IT'S JUST FOR CLARIFICATION.

OKAY.

OKAY.

OKAY.

I JUST WANNA MAKE SURE I UNDERSTAND WHAT YOU WERE, WHAT YOU WERE SAYING.

ALRIGHT.

UM, WITH THAT, IF WE COULD HAVE A MOTION TO CLOSE THE PUBLIC HEARING MOVE, MR. MAYOR.

SECOND.

OKAY.

WE HAVE A MOTION AND A SECOND.

UH, PLEASE VOTE.

MOTION TO APPROVE UNANIMOUSLY.

OKAY.

UM, WHAT, ANY COMMENTS OR ANYTHING ELSE FROM COUNSEL? YES.

UM, AGAIN, 9.38110, I'M GONNA LET THE CITY ATTORNEY, I'M GONNA THROW IT.

I AGREE WITH ROBIN.

YOU AGREE WITH ROBIN .

OKAY.

SO I, I, IF I, IF I CAN SAY THIS RIGHT, I THINK THERE WAS, THERE WAS THE UNDERSTANDING THAT THAT MEANT YOU COULD TRANSFER.

THAT WAS THE WHOLE IDEA OF BEING ABLE TO TRANSFER.

AND YOU'RE JUST SAYING, BECAUSE IT DOESN'T SPECIFY THAT IT'S EXEMPT, UH, IN THE TRANSFER.

YOU'RE JUST ASKING FOR THAT, THAT CLARIFICATION TO BE, TO BE ADDED.

NOW, MY, THAT, THAT'S WHAT I HEARD HER SAY.

YEAH.

SO I, RIGHT.

SO IF YOU, IF YOU HAVE A LOCATION THAT'S ACTUALLY BEEN GRANDFATHERED IN MM-HMM .

SO THAT LOCATION IS NOT SUBJECT TO THESE THOUSAND FOOT LIMITS, ET CETERA.

YOU CAN, YOU CAN TRANSFER, BUT YOU CAN'T TRANSFER TO A NEW LOCATION.

RIGHT.

OKAY.

SO MARTIN, I, I, I THINK THAT'S WHAT THIS SAYS.

I THINK WHAT YOU'RE SAYING IS YOU JUST LIKE TO HAVE MORE CLARITY.

WELL, WHAT, WHAT, ISN'T THAT WHAT YOU'RE SAYING? THAT YOU WANT CLARITY? NO, I, NO, THERE'S TWO, THERE ARE TWO DIFFERENT ISSUES.

ONE IS OWNERSHIP TRANSFER AND THE OTHER IS LOCATION TRANSFER.

ON THE OWNERSHIP TRANSFER.

I'M SUGGESTING TO ADD THE CLARITY THAT IT IS EXEMPT FROM THOSE PARTICULAR SUBSECTIONS OF OH FOUR OH.

WITH RESPECT TO LOCATION TRANSFER, THAT WAS A DIFFERENT ISSUE.

WE'RE JUST ASKING ABOUT THE, THAT A DIFFERENT ISSUE.

YES.

YES.

OH FOUR OH YES.

THAT'S, SORRY, THROUGH THE CHAIR.

THAT'S, UH, 9.3 8.040, THAT, THAT IS, THAT WAS THE, THAT WAS WHAT WE'RE BASING IT ON.

THAT'S WHAT WE THAT'S WHAT WE MEANT.

BUT JUST IN LESS WORDS, I GUESS.

SO THAT WOULD ADD CLARITY.

THAT WOULD BE STILL WITHIN THE SPIRIT AND INTENT OF THAT ORIGINAL SECTION THAT WE WROTE.

OKAY.

THROUGH THE CHAIR.

YES.

SO WE DON'T NEED TO ADD THOSE LANGUAGE, THE LANGUAGE, BECAUSE IT'S ALREADY ONE FOUR OH OH, SORRY.

OH 4 0 0 4 OH, THAT CORRECT.

MS. ER WAS ASKING TO ADD CLARIFICATION.

THAT, JUST CLARIFICATION SAYING THAT IT, THE TRANSFER WOULD NOT BE SUBJECT TO THE, TO THE DISTANCES, WHICH IS THE SPIRIT INTENT OF IT'S THAT SAME, SAME LOCATION AND IT'S A TRANSFER ON THAT LOCATION.

YEAH.

I MEAN, THAT IS THE SPIRIT INTENT OF WHAT WE WANT YOUR GRANDFATHER, BUT IT WOULDN'T, IT WOULDN'T HURT TO ADD CLARIFICATION IF THAT'S WHAT THE COUNCIL WISHES.

SO HOW WILL YOU ADD IT? DIRECTOR, CAN YOU SAY, AND CAN YOU TELL ME WHAT SECTION IS THAT? YES.

SO IT'S EIGHT, IT'S 9.3, 8.040.

AND WHAT WAS IN THE PUBLIC COMMENT THAT WE RECEIVED WAS THE STATEMENT, EXCUSE ME.

SO WE WANTED TO

[04:40:01]

ADD SECTION, SECTION NINE LANGUAGE IN LETTER E 9 3 8 0 4 OH E THANK YOU.

BECAUSE OF THAT.

THAT'S THE, THAT'S THE A HUNDRED FEET DISTANCE.

NO, THAT WAS A SEPARATE SECTION WE'RE TALKING ABOUT.

OR HOW BIG PARDON? SORRY.

IT'S JUST THE NINE THREE.

OH, NEVERMIND.

IT'S ALL OH FOUR.

OH YEAH.

OH FOUR.

YES.

SORRY.

OH FOUR FIRST.

IT'S RIGHT THERE.

THANKS FOR DOING SO ALL OH FOUR.

OH, THAT'S WHAT WE WERE TALKING ABOUT.

SO IT'S RIGHT HERE ALREADY.

WHY DO, DO WE NEED TO ADD IT? WELL, I, I, I THINK AS YOU'RE TALKING ABOUT ALSO 9 3 8 DASH ONE 10.

YES.

AND SO THAT'S THE ONE THAT WE CHANGED LAST.

RIGHT.

AND IT'S JUST SAYING THAT THEY ARE TRANSFERABLE AND THEY MAY BE TRANSFERRED FROM ONE, UH, TO ANOTHER PROPRIETOR TO ANOTHER.

YES.

PERIOD.

AND SO, BUT WHAT, AND, AND I THINK WHAT YOU'RE SAYING THAT IT WOULD EXEMPT IT FROM, IN OTHER WORDS, IF IT WAS GRANDFATHERED, THAT WOULD BE ALLOWABLE, UH, AND YOU WOULD STILL KEEP THE GRANDFATHER STATUS.

WELL, I GUESS, GO AHEAD MARTIN.

THANKS.

UM, SORRY TO, TO CLARIFY THE, THE DISCUSSION, THE 9.3 8.040 TALKS ABOUT, UH, TRANSFER OF OWNERSHIP.

UM, I'M SORRY, THIS IS 9 3 8 0 4 OH LIMITS ON ELIGIBILITY.

I'M, NO, I'M, I'M, UH, I'M MESSING THIS ALL UP.

SO IN, UH, I KNOW WE WERE TALKING ABOUT 1 1 10 AND THE TRANSFERABLE, AND IT WAS JUST MAKING THE POINT THAT, UH, THAT IF IT WAS A, A LAWFUL GRANDFATHER GRANDFATHERED BUSINESS, THAT THEY COULD STILL SELL THERE OR TRANSFER THE LICENSE TO SOMEBODY ELSE, EVEN IF THEY WOULD WERE WITHIN A THOUSAND FEET OF A SENSITIVE USE.

SO THAT, SO THEY'RE ASKING FOR THAT CLARIFICATION.

'CAUSE THAT'S NOT IN THERE CURRENTLY.

BUT ISN'T WHAT WE'RE SAYING IS IT DOESN'T REALLY MATTER WHETHER YOU'RE IN A GRANDFATHERED LOCATION OR ANOTHER LOCATION.

WE'RE ALLOWING YOU TO TRANSFER BETWEEN PROPRIETORS.

YES.

SO THAT LOCATION IS ELIGIBLE FOR WHATEVER REASON.

SO WE DON'T NEED A CLARIFICATION 'CAUSE WE'RE ALLOWING TRANSFERS BETWEEN PROPRIETORS.

OKAY.

YES.

UM, SO I THINK WE'RE GOOD.

OKAY.

AND WE'RE CLARIFYING THAT WE ARE NOT ALLOWING ANY TRANSFERS FROM ONE SITE TO ANOTHER.

MM-HMM .

THAT'S NOT HAPPENING UNDER THIS LANGUAGE.

AND THAT'S, THAT'S PROPOSED.

SO, AND I, JUST SO EVERYONE UNDERSTANDS, I THINK IT'S IMPORTANT, WHAT I'M CONCERNED ABOUT IS IF WE MAKE ANY MORE CHANGES, , WE'RE GONNA HAVE TO COME BACK HERE AGAIN.

YEAH.

AND I DON'T THINK THAT'S WHAT ANY OF US WANT.

I THINK WE DID A LOT OF WORK LAST TIME.

MM-HMM .

GET TO WHERE WE ARE.

AND I, I FEEL COMFORTABLE FROM A LEGAL STANDPOINT THAT WE'RE GOOD.

THAT'S OKAY.

AND WE CAN GO FORWARD AND WHEN WE GET SOME EXPERIENCE UNDER OUR BELTS, IF THERE'S TWEAKS THAT WE NEED TO MAKE TO THE ORDINANCE BECAUSE OF HARDSHIPS THAT WE DIDN'T ANTICIPATE OR FORESEE, WE'LL BE BACK HERE IN A YEAR OR TWO.

BUT I, I, I THINK I JUST, I, I'M JUST UNCOMFORTABLE WITH MAKING ANY CHANGES.

AND IT'S NOT, IT'S NOT UP TO ME.

I DON'T WANT TO SAY THAT IT'S UP TO ME, BUT I'M JUST SAYING THAT IF YOU MAKE ANY CHANGES, I'M PROBABLY GOING TO TAKE MM-HMM .

THE POSITION THAT WE HAVE TO REDO IT AGAIN.

YEP.

SO, AND IF I COULD ADD TO WHAT BARRY'S SAYING, WE'RE GONNA IMPLEMENT THIS, WHICH IS ALSO GONNA REQUIRE MM-HMM .

SOME WRITTEN, PROCEDURAL WRITTEN CORRESPONDENCE.

SO WE'RE GONNA HAVE PLENTY OF OPPORTUNITY TO DIALOGUE WITH PEOPLE, ANSWER QUESTIONS, YOU KNOW, WALK 'EM THROUGH THE PROCESS.

'CAUSE THEY'RE GONNA BE GETTING THEIR PERMITS.

AND, AND THAT'S PART OF THE ROLLOUT.

AND I THINK IN THAT PART OF THE ROLLOUT, THERE'S GONNA BE OTHER THINGS THAT FLOAT TO THE SURFACE.

AND I, I KNOW WE TALKED ABOUT IT'S BETTER TO COME BACK WITH ALL THOSE OTHER THINGS AND, AND TRY TO HIT 'EM ALL AT ONCE.

BUT AGAIN, JUST GIVING YOU HOW IT, THE REALITY OF ROLLING IT OUT, THERE'S A LOT OF CORRESPONDENCE WE'RE GONNA BE DOING AND, AND TALKING TO PEOPLE.

OKAY.

CHAIR.

OKAY, GO AHEAD.

YEAH.

OKAY.

UM, YOU KNOW, I MEAN, MS. CYNTHIA KNAPP SAID WE WE'RE WEAKENING IT.

I, I DON'T BELIEVE SO.

COUNCIL MEMBER MOLINA EVEN MADE IT STRICTER WITH, WITH THE, WITH REMOVING NUMBER FIVE.

AND THESE ARE, THESE ARE VOLUNTARILY RECOMMENDED TO US BY THE, BY THE, UH, UH, PROPRIETORS THEMSELVES.

SO ACTUALLY I SEE IT'S MORE STRICT BECAUSE THE RED LINES ARE HERE.

SO, YOU KNOW, I MEAN, THEY MADE THEMSELVES, YOU KNOW, I MEAN, FOLLOW A MORE RIGID AND STRICTER,

[04:45:01]

UH, POLICY.

AND, YOU KNOW, I MEAN, IT'S NOT REALLY PUNISHING THE SMALL BUSINESS.

'CAUSE YOU'RE NOT MEAN, I'M A BUSINESS OWNER.

I REPRESENT THE CHAMBER.

I PROTECT THE BUSINESS OWNERS.

HOWEVER, WE ARE HERE TO TAKE CARE OF THIS POLICY NOW MOVING FORWARD.

AND I BELIEVE THAT WE HAD ADDRESSED THE MOST IMPORTANT ASPECT OF US WORKING TOGETHER AND MAKING SURE THAT OUR YOUNGER GENERATION ARE PROTECTED AND THAT YOUR, YOUR INVESTMENT ARE PROTECTED AS WELL.

THESE TWEAKS THAT WE'RE DOING RIGHT NOW, IF WE'RE GONNA CHANGE IT AGAIN, WE'RE GONNA GO BACK TO FIRST READING.

AND THEN YOU NOMIN WE'RE PROLONGING IT.

CITY MANAGER SAID WE HAVE TO IMPLEMENT IT.

AND COUNCIL SAID, THERE ARE TWEAKS THAT WE HAVE TO DO AND WE CAN WORK.

YOU KNOW, WE'RE GONNA CONTINUE TO WORK TOGETHER.

WE'RE LISTENING TO YOU AS YOU KNOW ALREADY.

BUT WE ALSO HAVE TO LISTEN, YOU NUMB MEAN TO THE PEOPLE WHO ARE, WHO ARE, UM, WHAT DO YOU CALL THIS, BELIEVING THAT WE ARE NOT FOLLOWING BECAUSE WE DON'T HAVE A POLICY NOW THAT WE HAVE A POLICY.

YOU KNOW, I MEAN, WE ALL HAVE TO FOLLOW IT.

AND I, I BELIEVE THAT, YOU KNOW, I MEAN, WE, WE, UH, LOOKED AT THIS ONE UNDER THE MICROSCOPE.

WE LISTENED TO YOU, UM, BECAUSE YOU CAME, YOU KNOW, AND YOU SAID, OH, WE DIDN'T KNOW.

WE LISTENED TO YOU.

WE LISTEN TO THE RECOMMENDATION OF YOUR LAWYER.

UM, AND, YOU KNOW, I MEAN, LET'S, LET'S WORK ON THIS ONE RIGHT NOW.

AND THEN, UM, WHEN WE SEE THOSE, THOSE ELEMENTS THAT WILL HINDER, YOU KNOW, I MEAN NOT JUST YOU, BUT ALSO, YOU KNOW, I MEAN THE, THE PEOPLE THAT WE SERVE AS, AS WELL AS THIS, HOW WE SERVICE OUR CITY.

WE CAN COME BACK HERE AND SAY, OKAY, THIS IS SOMETHING, YOU KNOW, MAKING TALK CITY MANAGER, CITY ATTORNEY, AND SAY, THERE ARE FINER MORE TWEAKS THAT WE HAVE TO DO.

BUT FOR RIGHT NOW, YOU KNOW, MEAN WE CANNOT PROLONG THIS ANYMORE.

OTHERWISE, YOU'RE GONNA BE IN THE DISADVANTAGED MEMBER RODRIGUEZ.

THANK YOU, MS. MAYOR.

UH, THANK YOU AGAIN FOR EVERYBODY COMING OUT ON THIS ISSUE.

IT'S VERY IMPORTANT.

AND JUST FOR SOME HISTORICAL CONTEXT, UM, WE'VE ACTUALLY HAD ONGOING DISCUSSIONS ABOUT THIS FOR OVER A YEAR NOW.

AND THE REASON IT'S COME UP IS BECAUSE WE REALIZE THAT WITHIN OUR SCHOOLS, WE HAVE A SEVERE PROBLEM WITH KIDS VAPING.

AND, UM, I MEAN, WE SEE IT ON A REGULAR BASIS.

WE SPEAK WITH PRINCIPALS ON A REGULAR BASIS, TEACHERS ON A REGULAR BASIS.

AND WE'RE NOT TRYING TO, UM, SO, SO I THINK IT'S FAIR TO SAY WE'VE DONE OUR DUE DILIGENCE WHEN IT COMES TO THIS SPECIFIC ORDINANCE BECAUSE WE HAVE BEEN DISCUSSING IT FOR A YEAR AND, UM, BROUGHT IT TO COUNCIL EARLIER THIS YEAR.

THIS IS, I DON'T KNOW, SIXTH TIME.

MM-HMM .

NOW ON THE COUNCIL, MAYBE FIFTH OR SIXTH TIME.

IT'S SO, SO IT'S HIGHLY UNUSUAL FOR US TO GO OVER A POLICY THIS MANY TIMES.

UM, AND THE INTENT IS NOT TO HURT GOOD OWNERS.

YEAH.

THE INTENT IS TRYING TO PROTECT OUR KIDS, AND ULTIMATELY THAT'S OUR PRIORITY.

AND SO THANK YOU FOR, UM, SOME OF THE SUGGESTIONS THAT, UM, WOULD, UM, HAVE STRICTER PENALTIES FOR SOME OF THOSE THAT DO NOT ABIDE BY THE LAW.

I THINK EVERYBODY THAT IS HERE, UM, UH, AGREES WITH THAT.

SEEN AS I HEARD MANY SAY WE AGREE WITH ROBIN.

YEAH.

.

SO, SO, UM, SO I THINK TAKING A STEP BACK, THIS IS ABOUT OUR CHILDREN'S SAFETY.

IT'S NOT ABOUT HURTING OUR BUSINESSES, OUR LOCAL COMMUNITY, AND I, I PATRONIZE SOME OF YOUR BUSINESSES, RIGHT? SO IT, IT ISN'T ABOUT THAT.

IT'S ABOUT PRIORITIZING OUR KIDS, MAKING SURE THAT WE ARE FOLLOWING, UM, STATE LAW AND MAKING SURE THAT WE SUPPORT OUR BUSINESSES AND AT THE SAME TIME TAKE CARE OF OUR KIDS.

SO, UM, I ECHO THE SENTIMENTS OF MY COLLEAGUE TO WANT TO MOVE FORWARD WITH THIS.

IT'S BEEN LONG IN THE MAKING AND WE'VE BEEN DISCUSSING THIS FOR A VERY, VERY LONG TIME.

YOU DO HAVE MY COMMITMENT TO CONTINUE TO DISCUSS THIS ITEM IN, IN, IN YEARS TO COME TO SEE HOW THIS ROLLS OUT AND, AND SEE IF ANY CHANGES ARE NEEDED.

UM, SO WE CAN MAKE SURE THAT WE TAKE CARE OF OUR KIDS FIRST AND FOREMOST, AND OUR BUSINESSES AS WELL.

SO, UM, UH, WITH THAT, I, I MAKE A MOTION TO ADOPT THE ORDINANCE.

I SECOND.

OKAY.

WE HAVE A MOTION.

SECOND, I BELIEVE YOU WANTED TO SPEAK.

YES.

COUNCIL, THANK, THANK EVERYONE FOR COMING OUT TONIGHT.

UM, I JUST WANNA MOVE THIS FORWARD.

UM, I APPRECIATE THE ADVOCATES AND, UH, THE COMMENT THAT WAS MADE, UM, UH, OVER, OVER ZOOM.

I DISAGREE.

UM, AND I DON'T THINK IT WAS BAD THAT, UH, ROBIN CAME UP BECAUSE WE GAVE THAT SAME OPPORTUNITY FOR THE ADVOCATES TO COME UP.

AND HONESTLY, THAT WAS ONE OF, EVEN THOUGH IT WAS LONG AND IT WAS VERY, YOU KNOW, DRAWN DOWN AND COMPLICATED, I FELT LIKE THAT WAS ONE OF THE BEST MEETINGS BECAUSE I UNDERSTOOD MUCH BETTER THAN WHAT I APPROVED BEFORE.

AND I ALREADY SAID THIS PUBLICLY TO YOU GUYS, UM, TO EVERYONE.

I CRITICIZED MMA FOR COMING LAST MINUTE.

I WAS VERY CLEAR ABOUT THAT.

UM, BEFORE THE WHOLE

[04:50:01]

THING GOT, YOU KNOW, TURNED OVER AGAIN THAT YOU GUYS CAME LAST MINUTE.

I WAS VERY CLEAR WITH THAT, THAT YOU GUYS SHOULD HAVE KNOWN, LIKE, SHOULD HAVE BEEN FOLLOWING IT BECAUSE WE WERE DISCUSSING IT FOR A YEAR.

I ALSO SAID THE SAME THING TO THE ADVOCATES THAT I FELT THAT IT WAS, IT WASN'T VERY CLEAR TO ME.

LIKE THE DEVIL IN THE DETAILS WAS NOT, UM, EXPLAINED TO ME, ESPECIALLY IN TERMS OF THE TRANSFER OF LICENSE.

AND I FEEL LIKE THE, THE OUTREACH TO THE, UM, OPPOSITION, IF YOU WILL, THAT SHOULD HAVE BEEN, UM, BETTER.

AND SO, UM, BUT WITH THAT, AND, AND I COULD HAVE DONE, AGAIN, I COULD HAVE DONE BETTER.

I, I SHOULD HAVE DONE MORE DUE DILIGENCE ON MY PART READING IT.

BUT US HAVING THE MEETING AND THE DISCUSSION, I, I, I HOPE THAT WE HAVE MORE, UH, CONVERSATIONS, UH, LIKE THAT EVEN THOUGH IT'S LONG.

WE, WE WORKED REALLY HARD ON, UM, ON MAKING, MAKING THIS ORDINANCE BETTER.

AND, UM, FOR ME, I DIDN'T WANT TO PUNISH PEOPLE WHO ARE FOLLOWING THE LAW BUSINESS OWNERS IN OUR COMMUNITY THAT HAVE BEEN FOLLOWING THE LAW.

IF I WANNA PUNISH ANYBODY, IT'S GONNA BE THOSE WHO ACTUALLY HAVE VIOLATIONS.

AND I, AND SO, AND I'M, I'M NOT, IN GENERAL, I'M NOT REALLY IN AGREEMENT WITH BANS.

AND I FELT LIKE THE, UH, THE DISTANCE LANGUAGE WOULD'VE BEEN A, UH, KIND OF A DEFACTO, UH, BAN.

AND THAT'S, AND IT'S JUST FOR ME, PHILOSOPHICALLY NOT THE BEST WAY I WANNA APPROACH, UH, POLICY.

SO I DON'T AGREE.

I REALLY APPRECIATE, UM, AGAIN, THE ADVOCATES FOR ADVOCATING FOR, UM, UH, PUSHING FOR OUR YOUTH AND, AND FOR, UH, MORE CONTROL COMPLIANCE.

THIS IS THE FIRST TIME WE'VE EVER HAD, UM, SPECIFIC COMPLIANCE LANGUAGE, UM, IN OUR ORDINANCE.

WE'VE NEVER DONE THAT BEFORE.

SO WE REALLY DID PUSH THE ENVELOPE ON THINGS.

Y'ALL DIDN'T GET WHAT YOU WANTED.

THE, THE NMA DIDN'T GET WHAT THEY WANTED.

UM, AND SO I FELT LIKE IT WAS LIKE A REALLY GOOD EXAMPLE OF A COMPROMISE IN US WORKING TOGETHER.

AND IS, IS THIS PERFECT, THIS ORDINANCE? MAYBE NOT, BUT LET'S IMPLEMENT IT IN THIS, UH, NEXT YEAR.

AND LET'S SEE, UH, HOW EFFECTIVE IT IS.

I'M OPEN TO CHANGES, UH, MOVING FORWARD.

UM, BUT I, I REALLY WANNA JUST, I WANNA MOVE ON.

SO, YEAH, I, I THINK WE ALL DO.

UM, YEAH, ED, LET ME JUST STATE REAL QUICKLY.

UM, YOU KNOW, A LOT OF TIMES WE HAVE ORGANIZATIONS THAT HAVE VERY SPECIFIC PROGRAMS, AGENDAS, WHATEVER, AND A LOT OF TIMES IT COMES WITH ORDINANCES AND, YOU KNOW, THEY'LL PRESENT AN ORDINANCE TO US, MUCH LIKE WE HAD THAT COMPANY THAT BROUGHT A PROPOSAL TO US AND WE HAD TO CONSIDER IT.

AND WE HAVE TO CONSIDER AN ORDINANCE TOO.

THAT DOESN'T MEAN, UM, IT'S GONNA BE DIFFERENT FOR EVERY COMMUNITY.

AND THERE'S NOT ONE, ONE SIZE FITS ALL.

AND WE'VE HAD A VERY SPECIAL RELATIONSHIP IN OUR COMMUNITY HERE, UH, BETWEEN OUR SMALL BUSINESSES AND THE CITY ITSELF AND, AND ITS RESIDENTS.

AND SO, UM, THE INTENT, AS I HEARD IN THE BEGINNING WAS TO HAVE A TOBACCO RETAIL LICENSING PROGRAM.

AND YET THERE WAS A LOT OF THINGS IN THERE THAT WERE BASICALLY ANTI-BUSINESS, WHICH DIDN'T HAVE ANYTHING TO DO WITH, YOU KNOW, NECESSARY KEEPING STUFF FROM YOUTH.

IT WAS JUST BASICALLY TO GET RID OF THE BUSINESSES.

AND SO WE TAILORED IT MORE TO NATIONAL CITY AND THERE'S ABSOLUTELY NOTHING WRONG WITH THAT.

UM, AND, UH, SO I THINK WHAT WE CAME UP WITH WAS A GOOD COMPROMISE BETWEEN OUR COMMUNITY AND WITH ORGANIZATION WITH GOOD INTENT.

UH, YOU KNOW, ONE TO BRING SOMETHING BEFORE US, BUT JUST BECAUSE WE DON'T ACCEPT THE ENTIRE ORDINANCE PACKAGE THAT WAS GIVEN TO US CERTAINLY DOES NOT MEAN WE'RE ANTI YOUTH OR THE WORD AGAINST OUR KIDS.

AND, AND, YOU KNOW, THAT'S, THAT GETS SILLY WHEN THAT, WHEN THAT KIND OF STUFF HAPPENS.

UH, WE HAVE GOOD BUSINESSES THAT REALLY, YOU KNOW, IT'S OBVIOUS WHAT THEIR CONCERN IS FOR OUR COMMUNITY AND FOR OUR YOUTH.

AND WE WANNA REWARD THEM AND CONTINUE TO, YOU KNOW, GIVING THEM THE PAT ON THE BACK AND THOSE THAT DON'T, IF YOU KNOW ONE, ONE OF THOSE COMES UP, UH, WE CAN GIVE THEM A PUSH OUT OF THE NEIGHBORHOOD INSTEAD OF A PAT ON THE BACK.

AND THAT, THAT, THAT'S A DIFFERENT, THAT'S A DIFFERENT SITUATION.

AND THIS ALLOWS FOR THAT.

AND THAT'S, THAT'S A STEP THAT WE WANT TO TAKE.

SO WE APPRECIATE THOSE WHO BROUGHT THE ORDINANCE FORWARD.

UH, BUT WE ALSO APPRECIATE THOSE THAT HAVE HELPED US TO MOLD THIS, TO FIT TO OUR COMMUNITY.

SO WITH THAT, WE HAVE A MOTION AND A SECOND.

WE NEED A SECOND.

OH, YEAH.

OKAY.

YOU, SHE JUST DIDN PUSH BUTTON IN.

OKAY.

WE HAVE A MOTION A SECOND.

UH, PLEASE VOTE.

MOTION TO APPROVE UNANIMOUSLY.

ALRIGHT.

ALRIGHT.

OKAY.

WE'VE BEEN KIND OF JUMPING ALL AROUND HERE TONIGHT.

YEAH.

UM, THREE MORE PUBLIC HEARINGS.

YES.

WELL, HERE IS, HERE IS GONNA BE MY SUGGESTION.

YEAH.

WE HAVE THREE MORE PUBLIC HEARINGS.

HERE IS OKAY.

I LISTEN UP.

I'M GONNA MAKE

[Items 11.1 & 11.2]

A SUGGESTION.

WE DID RECEIVE A NUMBER OF REQUESTS.

NO, IT'S NOT ON YOU GUYS.

WE'RE WE'RE UNDER ANOTHER THING NOW.

UM, YEAH, THE ITEM'S APPROVED, SO YEAH, THAT ITEM WAS APPROVED.

OKAY.

YES.

YEAH.

YOU GUYS ARE DONE.

YOU GUYS ARE DONE.

[04:55:01]

YOU GUYS ARE DONE.

IT'S DONE, YEAH.

THANK YOU ALL.

YEAH.

AND, UM, THE, UH, ALL YOU ADVOCATES AND OPPOSITION YOU KISS, HUG AND MAKE UP.

OKAY.

I, I AM GONNA MAKE A SUGGESTION.

WE'VE HAD A NUMBER OF, UH, YOU KNOW, WE LOOKED AT THE IMPACT FEES AND THE DEVELOPMENT FEES.

WE'VE HAD A NUMBER OF QUESTIONS.

WE HAD A NUMBER OF LETTERS COME IN IN THE LAST TWO DAYS, AGAIN SAYING WE REALLY NEED TO LOOK THROUGH THIS STUFF SOME MORE.

AND WE GOT A LOT MORE QUESTIONS.

MY SUGGESTION IS THAT WE DO CONTINUE THESE TWO, UH, WHICH TWO? SO MOVE MR. MAYOR 11 ONE AND 11 TWO, WHICH IS SECOND 11, THREE IMPACT FEES AND THE DEVELOPMENT FEES.

THERE IS A MOTION AND GIVE, GIVE SOME MORE TIME FOR THOSE TO BE.

IT IS, THAT'S FINE.

YEAH.

THESE MOTION ARE TWO LARGE DOCUMENTS WITH JUST PAGES AFTER PAGES OF NUMBERS.

AND MAYOR, THEY SAID YES.

YES.

THERE'S A MOTION.

MAYOR.

WAIT, WAS THAT FOR 11 SECOND? 11 1, 11 2 11 3 AND 11 THREE AS WELL.

YES.

WELL, UH, 11 THREE, I THINK WE CAN, IS THERE A PROBLEM WITH THAT'S JUST, THAT'S JUST AMENDING THE ORDINANCES TO BRING 'EM IN, IN LINE WITH STATE LAW.

OKAY.

SO THAT, UNLESS THERE'S A PROBLEM THERE, I, I HAVEN'T HEARD ANY QUESTIONS ON THAT.

I'VE ONLY HEARD QUESTIONS ON 11 1 11 2.

SOUNDS GOOD.

JUST WANNA PUT EVERYTHING ON.

SO I, IN TERMS OF THAT MOTION, UM, COULD WE DO, UH, UH, DATE CERTAIN? ARE YOU CONTINUING TO THE NEXT COUNCIL MEETING? TO THE NEXT COUNCIL MEETING? THAT GIVES TWO WEEKS AND, UM, AND, AND I THINK THAT WILL GIVE MS SEVEN.

DO YOU HAVE A PROBLEM WITH THAT, MR. MAYOR? I CAN MAKE ANY SUGGESTIONS.

HE DID PUT IN A SLIP, SO I'M GONNA LET HIM.

SAM WAS BASICALLY WAITING.

IT WAS ALL, NO, IT'S NOT STEVE GASPAR WITH KIER BUILDERS.

UM, SO ON THE DEVELOPMENT IMPACT FEES, UM, WE HAVE MET WITH STAFF, UM, BUT WE, THERE'S BEEN, 'CAUSE IT WAS PUSHED FROM TWO WEEKS AGO.

UM, AND SO WITH THE NOTICING AND THE ABILITY TO GET TOGETHER, RIGHT, UM, ENOUGH PEOPLE TO KIND OF, YOU KNOW, TO HAVE A, A ROBUST DISCUSSION WITH STAFF, UM, YOU KNOW, WE, I GUESS RECOMMEND OR ASK, UH, FOR CONSIDERATION OF MAYBE, YOU KNOW, UH, MORE THAN TWO WEEKS, TWO MEETINGS SO THAT WE CAN, UM, JUST GET ENOUGH, YOU KNOW, PEOPLE TOGETHER.

UM, ESPECIALLY GOING INTO THE HOLIDAYS, IT'S GONNA BE CHALLENGING AND I THINK IT IS REALLY IMPORTANT.

UM, YOU KNOW, TO THAT, THAT WOULD BE THE FIRST MEETING IN, IN, UH, DECEMBER.

UM, ANYONE GOT A PROBLEM? I, I KNOW THAT WE DISCUSSED THIS AT A SEPARATE, UM, TIME.

UM, I WOULD REALLY LIKE TO DIVE DEEPER ON THIS, UH, AND THINK HOLISTICALLY ABOUT OUR DEVELOPMENT.

AND I'VE BEEN VERY VOCAL ABOUT, YOU KNOW, UH, I, I DON'T, I DON'T BELIEVE IN INCREASING THE FEES BECAUSE ULTIMATELY THAT'LL, THAT'LL LEAD TO A MORE EXPENSIVE DEVELOPMENT PROJECT.

SO I, I REALLY HAVE A LOT OF CAUTION ABOUT THAT AND I THINK EVERYBODY IS LOOKING FORWARD TO THE DEVELOPMENT.

SO I WOULD LIKE TO DIVE DEEPER ON THIS.

UM, AND, AND MAYBE POSTPONE IT TILL AFTER, AFTER, UH, UH, THE NEW YEAR SO WE CAN HAVE A MORE ROBUST DISCUSSION WITH OUR DEVELOPMENT COMMUNITY.

UH, WE ARE WANTING TO DEVELOP IN THE CITY.

AND IT, IT FEELS LIKE THIS IS GOING TO HINDER THAT.

SO THE CHAIR SUGGESTION? WELL, UH, FOR THE CHAIR.

OKAY, GO AHEAD, SIR.

DO YOU HAVE ANY RECOMMENDATION FOR, FOR THE PROVIDING US RECOMMENDATIONS OF HOW YOU WANTED IT, HOW OF, OF WHAT YOU HAVE READ? UH, YEAH, I MEAN THERE'S A, THERE'S A NUMBER OF, OF RECOMMENDATIONS, UM, THAT WE, THAT WE DETAILED THE LETTER.

I THINK, UM, TO COUNCILOR RODRIGUEZ'S POINT, LIKE THERE'S, IT'S, THERE'S A LOT OF OPTIONS.

HOW, HOW LONG WILL YOU BE ABLE TO PROVIDE THOSE RECOMMENDATIONS TO US? UH, I THINK, I MEAN, WE CAN, I CAN GET TOGETHER WITH A COUPLE OF OTHER STAKEHOLDERS AND KIND OF PROVIDE SOME RECOMMENDATIONS, BUT I THINK, I UNDERSTAND THAT THE CITY HAS GOALS AND NEEDS FINANCIALLY AS WELL.

SO I THINK WE WANT TO, YOU KNOW, KIND OF HELP THE CITY WORK TOWARDS SOMETHING THAT'S USUALLY BENEFICIAL.

HOW MUCH TIME DO YOU NEED? IS WHAT SHE'S ASKING? UH, WHEN BE, I WOULD SAY STARTED THE NEW YEAR WOULD BE, UM, YOU KNOW, IF IT WAS THE FIRST MEETING OF THE YEAR, THAT WAY WE HAVE A COUPLE MONTHS COMING THROUGH THE HOLIDAYS TO MEET WITH VARIOUS DEPARTMENTS OF STAFF, WHICH WILL BE LIKE THE THIRD MEETING OF, UH, JANUARY.

BECAUSE WE DON'T MEET THIRD TUESDAY, THIRD TUESDAY OF, UH, JANUARY.

FOR ME, I, I'M OKAY WITH THAT.

UM, I'M OKAY WITH THAT.

UH, YEAH, BECAUSE EVEN IF WE WERE, I DON'T THINK THAT MUCH OF A DIFFERENCE IS GOING, THAT WEIGHT ISN'T GOING TO MAKE THAT MUCH OF A DIFFERENCE.

I DON'T, LET ME ASK FROM A LEGAL STANDPOINT, CAN WE, UH, CARRY THIS OVER THAT LONG A PERIOD OF TIME? UH, SO WITHOUT A I WOULD, I'D BE

[05:00:01]

CONCERNED ABOUT THE NOTICING.

SO YEAH.

UM, MAYBE SHELLY CAN, CAN WEIGH IN IF WE WERE TO MAKE A, A DATE CERTAIN INTO JANUARY.

DOES THAT WORK? OR DO, DO WE HAVE TO RE-NOTICE MS. SHELLEY? I, I DON'T KNOW THAT RE NOTICING IS SUCH A HUMONGOUS COST IN THIS CASE.

'CAUSE WE'RE NOT GOING OUT TO PROPERTY OWNERS.

MM-HMM .

LIKE INDIVIDUAL PROPERTY OWNERS.

YEAH.

YEAH.

OKAY.

THIS IS A MANAGEABLE COST FOR RE NOTICING.

OKAY.

OKAY.

ALL AND, AND, AND I, I, I DO WANNA RELEASE THE, UH, TRANSLATOR AT THIS TIME.

YEAH.

WE'RE GETTING UP PAST THE 11 O'CLOCK TIME.

UM, THE, UH, OKAY.

SO WE'RE GOOD MR. MAYOR? YES.

CAN WE NOT WAIT UNTIL THAT TIME? CAN YOU AT LEAST WORK WITH OUR DIRECTORS ALREADY? SO THEN, YOU KNOW, WE'RE NOT THAT PROCESS NOW.

SO THOSE QUESTIONS ON, ON THAT TIME, CERTAIN THAT WE'RE COMING BACK, WE'RE NOT GOING TO BACK AND FORTH ANYMORE.

OKAY.

NO.

WE'LL WORK WHATEVER'S PRESENTED TO US, WE WILL GO IS THAT DEAL.

THANK YOU SO MUCH FOR CONSIDERING.

SO IF IT'S, I THINK WE OKAY WITH EVERYONE AND WE'LL MAKE A MOTION TO, UH, EITHER CARRY THIS OVER OR, OR ACTUALLY REPOST, REPOST THIS FOR THE, UM, LET'S SEE.

BE THE THIRD TUESDAY IN JANUARY 20.

JANUARY 20TH.

OKAY.

JANUARY 23RD.

20TH.

SORRY.

20TH.

THANK YOU.

WELCOME.

OKAY, THAT WOULD BE FOR BOTH 11 ONE AND 11 TWO.

MAYOR, CAN WE HAVE SEPARATE VOTES ON THOSE, PLEASE? WE CAN CERTAINLY DO THAT.

THANK YOU, PHILLIP.

UM, MAYOR, BEFORE YOU DO THAT, LET'S JUST GET SOME EXPECTATIONS, UH, FIGURED OUT HERE A LITTLE BIT.

I THINK THAT, UM, IT'D BE GOOD FOR US TO ENGAGE WITH WHO WANTS TO TALK WITH US.

UM, LIKE BEFORE, WE'D LIKE TO DO THAT ENGAGEMENT IN BETWEEN NOW AND LIKE DECEMBER YEAH.

PRIOR TO GOING ON.

OH, ABSOLUTELY.

THE LEAVE.

AND, AND THAT'S WHERE WE'LL DO OUR ENGAGEMENT IN BETWEEN NOW AND THEN.

AND THEN WHEN THEY COME BACK, THEY CAN DO THE STAFF WORK, GET READY FOR YOU, UH, AT THE NEXT MEETING THAT COMES UP AND WE'LL MAKE SURE IT'S NOTICED.

SO DON'T WORRY ABOUT THAT.

OKAY.

SO THAT'S SAYING, BASICALLY WE CAN HAVE ALL THE MEETINGS AND EVERYTHING ELSE SO WE CAN START WORKING ON THAT STUFF BETWEEN NOW AND MID-DECEMBER.

AND SO BEFORE YOU GET TO THE CHRISTMAS BREAK AND EVERYTHING, AND THEN THAT WAY, THEN WE CAN COME BACK THE THIRD TUESDAY.

'CAUSE THERE'S FIRST TUESDAY IN JANUARY WE DON'T MEET.

SO IT'D BE THE THIRD TUESDAY IN JANUARY.

JANUARY 20TH.

YES.

YEAH.

OKAY.

SO THAT IS THE MOTION FOR 11 ONE.

AND, UH, UH, SO DOES THE, UH, MAKER, UH, MAKER OF THE MOTION, WHICH WAS ANI RODRIGUEZ, DO THEY AGREE TO THAT? YES, SIR.

YES.

OKAY.

BEFORE MARTIN CHRISTMAS.

CHRISTMAS, CHRIS WAS ASSIGNED THEN.

OKAY, SO WE HAVE A MOTION AND A SECOND.

THIS IS ON 11 ONE TO, UH, UH, TO HOLD THESE, THESE PUBLIC HEARINGS AT THAT POINT AND TO WORK ON 'EM IN THE MEANTIME WITH THAT, PLEASE VOTE.

MOTION APPROVE UNANIMOUSLY.

ALRIGHT.

ALL RIGHT.

UM, COULD WE HAVE A MOTION FOR 11 TWO? SO MOVE.

OKAY.

SAME THING.

SECOND.

SAME MOTION.

OKAY.

SO WE HAVE A MOTION AND A SECOND TO HOLD THIS ONE ON.

ALSO ON JANUARY THE 20TH, PLEASE VOTE.

MOTION SHOULD APPROVE UNANIMOUSLY.

ALL RIGHT.

UH, OKAY.

[11.3 Continued Public Hearing and Introduction of Multiple Ordinances Amending the National City Municipal Code Chapters 15.08, 15.14, 15.20, 15.24, 15.75, 15.78 and 15.79 Related to California Codes for Electrical, Energy, Building, Plumbing, and Mechanical.]

WE HAVE A PUBLIC HEARING ON 11 THREE.

THIS IS THE INTRODUCTION ON THE ORDINANCE AMENDMENTS, AND IT DEALS WITH THE CALIFORNIA CODES FOR ELECTRICAL ENGINEERING, OUR ENERGY BUILDING, PLUMBING AND MECHANICAL.

SO THIS BRINGS US, UH, BRINGS US IN LINE WITH ALL THE, UH, STATE REGS.

THAT'S CORRECT.

OKAY.

HAVE A PUBLIC HEARING.

WE DO.

SO, UH, WITH THAT, I'LL HOLD THE, I'M GONNA OPEN THE PUBLIC HEARING.

UM, I DON'T HAVE ANY SPEAKERS ON THIS ONE.

MOVE TO CLOSE.

SECOND.

SECOND.

WE HAVE A MOTION.

SECOND TO CLOSE.

CLOSE THE PUBLIC HEARING AND PLEASE VOTE.

MOTION TO APPROVE.

UNANIMOUSLY.

AND THIS IS FOR, UM, FOR INTRODUCTION.

AND SO CAN WE OKAY.

TO, TO ACCEPT FOR INTRODUCTION.

OKAY.

OKAY.

SO WE HAVE A MOTION SECOND TO, UH, TO ACCEPT THIS FOR INTRODUCTION.

AND THERE THEY GO.

UH, PLEASE VOTE.

MOTION TO APPROVE UNANIMOUSLY.

THANK YOU, MAYOR.

NEXT

[05:05:01]

.

CAN WE LET THE INTERPRETERS GO? YEAH.

YEAH.

I, I, I SAID TO RELEASE SOMETHING.

YES.

OKAY.

THANK YOU.

UM, MAYOR,

[9. CONSENT CALENDAR]

ARE YOU GONNA GO BACK TO CONSENT CALENDAR? YES.

I MAKE A MOTION TO APPROVE ALL CONSENT CALENDAR ITEMS. SECOND.

I WISH, BUT WE GOT SPEAKERS ON 'EM.

CONSENT? YEAH.

DO WE? YES.

WAIT A MINUTE.

WAIT A MINUTE.

STILL HERE.

HOLD.

WE JUST LEFT.

HE JUST LEFT.

.

UM, YOU'RE TERRIBLE.

UM, YOU'RE TERRIBLE.

UM, I'LL BE, IT LOOKS LIKE, UM, I DON'T SEE ANYONE IN THE ROOM ON ANY OF THE, THE SLIPS EVER PULLED.

IT'S LIKE WE MADE IT.

UM, YEAH, IT'S THOMAS REICH.

I THINK HE JUST WENT TO THE RESTROOM.

DOG SHOCK.

UM, MIKAYLA POLANCO, LOUISA MCCARTHY, MICHELLE AND EL MCCARTHY.

SO, OKAY.

SO WE DO HAVE, UH, MR. REICH.

UM, SO WITH THAT, IT WILL BE, UH, MAYOR, WE DO HAVE SOME ON ZOOM AS WELL.

OH, THAT'S RIGHT.

YEAH.

WE HAVE, UH, 9.5 AND THE ONE FOR 9.8 IS NOT HERE.

SO, BUT WE DO HAVE, UH, 9.5.

9.5.

OKAY.

OKAY.

I GOTTA REFIGURE THESE ONES, 'CAUSE THAT ONE'S NOT THERE.

NOW THIS ONE, THIS ONE AND THIS ONE ARE NOT THERE NOW.

OKAY.

UM, SO WE HAVE REQUEST TO PULL 9, 5, 7, 8, 11, 12, AND 13.

AND, UH, I TAKE IT BACK.

UH, YEAH, YEAH.

NO, NO, IT DOES.

THAT'S EIGHT.

OKAY.

SO 7, 8, 11, 12, AND 13.

YES.

OKAY.

LEMME GET A LITTLE CONFUSING THERE.

UM, AND THEN WE HAVE PULLED, UH, FROM THE AGENDA AT NINE SIX.

OKAY.

SO YOUR MOTION WAS FOR THE REMAINDER OF THE YES.

I MAKE A MOTION TO ADOPT THE REMAINDER OF CONSENT CALENDAR ITEMS. OKAY.

UM, WE HAVE A SECOND.

WE HAVE A SECOND.

OKAY.

UH, I JUST WANNA MAKE, I DON'T WANNA PULL IT, BUT I JUST WANNA MAKE A COMMENT ON NINE FOUR.

UM, THAT IS OUR INCREASES ON SALARIES FOR EXECUTIVES AND MANAGEMENT GROUPS.

UM, I FIRMLY BELIEVE THAT OUR EMPLOYEES, YOU KNOW, WE'RE BRINGING THEM UP TO THE, JUST THE AVERAGE.

NO ONE IS A, IS ABOVE AVERAGE FOR THE ENTIRE COUNTY, BUT JUST BRINGING THEM UP TO AVERAGE.

AND I DO THINK OUR EMPLOYEES DESERVE THAT.

AND WE'RE DO, BEEN DOING THAT WITH OUR DIFFERENT GROUPS, BUT AS I'VE STATED BEFORE ON OTHER ONES, IT'S NOT SUSTAINABLE.

AND WE'RE AT SOME POINT, WE'RE GONNA HAVE TO, WE'RE GONNA HAVE TO FIND A WAY TO MAKE, UH, TO BRING IN A WHOLE LOT MORE FUNDS, WHATEVER, TO, IF WE'RE GONNA CONTINUE.

BUT ANYWAY, THAT'S JUST A STATEMENT AND THAT'S ALL.

UM, SO WITH THAT, WE HAVE A MOTION TO ACCEPT, UH, ALL THOSE ITEMS. AND PLEASE VOTE.

MOTION TO APPROVE UNANIMOUSLY.

OKAY.

[9.7 One-year Extension of American Medical Response Contract with the City of National City]

NEXT WE GO.

MR. RECH, COME ON UP.

'CAUSE WE'RE, WE'RE GONNA PICK ON YOU ON A WHOLE BUNCH OF STUFF HERE NOW.

OKAY.

UH, FIRST OF ALL, IT WAS NINE SEVEN, WHICH WAS A ONE YEAR EXTENSION OF AMERICAN MEDICAL RESPONSE CONTRACT WITH THE CITY OF NATIONAL CITY.

OH, OKAY.

I JUST WANNA MAKE PEOPLE, I JUST WANNA MAKE YOU AWARE THAT $318,000 IS GONNA BE CHANGING HANDS.

AND I'VE BEEN INFORMED THAT AMERICAN RESPONSE PAYS NATIONAL CITY THAT AMOUNT.

AND SO THE CONSIDERATIONS, IS IT TOO MUCH, TOO HIGH? AND ALSO, HOW DOES IT AFFECT THE FEES? HOW DOES IT AFFECT THE FEES WHEN PEOPLE ARE TAKEN TO THE HOSPITAL? ESPECIALLY, I CAN ONLY SEE THAT IF SOMEONE HAS A, HAS A MAJOR, HAS A MAJOR ILLNESS AND PASSES AWAY, WILL THEIR ESTATE BE SUED BY AMERICAN, AMERICAN MEDICAL EMR RESPONSE? MM-HMM .

BUT THE, UH, THE, UH, I, THAT, THAT'S, I'LL JUST LEAVE IT

[05:10:01]

AT THAT.

THANK YOU.

OKAY.

DON'T GO AWAY.

YOU JUST STAY RIGHT THERE.

OKAY.

AND WE, WE'LL, WE'LL, WE'LL, WE'LL LEAVE YOU UP HERE FOR A WHILE.

UH, OKAY.

SO WHAT, WHAT IS YOUR PLEASURE ON 9.7? OKAY.

WE HAVE A, WE HAVE A MOTION.

DO I HAVE A SECOND? SECOND.

OKAY.

IF YOU COULD PUT IT IN, PUT IN YOUR STUFF.

THERE YOU GO.

THANK YOU.

WE HAVE A MOTION AND A SECOND.

UH, PLEASE VOTE.

MOTION APPROVE.

UNANIMOUSLY.

OKAY.

NINE,

[9.8 Professional Services Agreement with SCI Consulting Group for Ongoing Cannabis Program Support Services — Term Through June 30, 2027; Not-to Exceed $47,000 Per Fiscal Year. (Part 1 of 2)]

EIGHT.

MR. REICH, THIS IS PROFESSIONAL SERVICE AGREEMENT WITH SCI CONSULTING FOR ONGOING CANNABIS PROGRAM SUPPORT SERVICES.

OKAY.

THIS IS $47,000 TO SI CONSULTING GROUP SERVICES.

NOT, NOT TO EXCEED 47,000, NOT, NOT TO EXCEED, BUT, SO IT'D BE SOMETHING LESS THAN THAT.

25,000, SOMETHING LIKE THAT.

YEAH.

OKAY.

WELL, I'M AGAINST CANNABIS .

I'M AGAINST CANNABIS, AND I JUST, JUST CAN'T SEE SPENDING THE, THE CITIZEN NATIONAL CITIES CITY'S PUTTING $57,000, $47,000 FOR A CONSULTING FEE FOR CANNABIS.

WHEN I MAYBE THE, UH, RETAILERS, THE CANNABIS RETAILERS SHOULD BE PAYING FOR THAT.

AND ALSO, ALSO, THIS IS PREPARED BY A COMP, THIS, THIS, THIS, THIS CONSOLING FIRM IS IN FAIRFIELD, FAIRFIELD, FAIRFIELD, CALIFORNIA.

MM-HMM .

FAIRFIELD, CALIFORNIA.

AND THAT'S, THAT'S ALL I'LL SAY.

OKAY.

OKAY.

THIS IS AN OVERSIGHT.

I'M AGAINST CANNABIS.

YEAH.

OKAY.

OKAY.

WHAT? DON'T GO AWAY.

DON'T GO AWAY.

OKAY.

UH, WHAT IS YOUR PLEASURE ON 9.8? OKAY.

OH, WAIT, WAIT.

JUST, JUST WAIT UP A MOMENT, MR. IKE.

WE GOT 9.8.

WHAT'S YOUR PLEASURE? MOVE TO ACCEPT WITH THE COMMENT.

SECOND.

OKAY.

WE HAVE A MOTION TO SECOND.

DO YOU HAVE A COMMENT? YES.

MAYOR, I HAVE TALKED TO OUR CITY MANAGER, TO OUR ATTORNEY.

I REQUESTED FOR REPORTS FROM THIS ONE.

THANK YOU.

OKAY.

WITH THAT, UH, PLEASE VOTE.

MOTION TO APPROVE UNANIMOUSLY.

OKAY.

NOW WE

[Items 9.11 - 9.13]

HAVE OUR WARRANTS ITEMS. 11, 12, AND 13.

MR. REICH.

OKAY.

ON WARRANT NUMBER 10, WE'RE PAYING THE CITY OF VISTA $57,000 FOR RSV ENHANCEMENT DISTRIBUTION.

THE CITY OF THE CITY OF SAN DIEGO METROPOLITAN SERVICE, SEWAGE SYSTEM OF 1,970,000.

AND THE CITY MANAGERS PAID DEBORAH RILEY FOR LEGAL INVESTIGATION FOR 28,500.

MM-HMM .

UH, AND WRIGHT CONSTRUCTION FOR GRANGER STORM DRAIN, 128,000 AND ASTOR CONSTRUCTION, EXTRA CONSTRUCTION, UH, 11,000, 48,000 FOR A DA IMPROVEMENTS FINANCE FI FOR FROM FINANCE, THE CITY OF THE CITY OF ENCINITAS, $30,000 FOR RSV NV EXAMINATIONS, THAT'S GOING TO OTHER CITIES OUTSIDE OF CENTER.

AND ACE UNIFORMS. ACE UNIFORMS, CI.

CITY, CITY, CITY.

COUNCILMAN COUNCILWOMAN OUT FOR A JACKET FOR HER ANNIVERSARY.

$353 AND FOR, NO, UH, FOR THE NOBLE COMPANY, PAVEMENT REHAB, 3 MILLION, 3 MILLION AND A HALF, THREE AND A HALF MILLIONS.

BURKE WILLIAMS LEGAL SERVICES IN A CUMMINS MANNER, 63,000 ANSWER.

ENGINEERING AND PUBLIC WORK ANSWER ADVISORY MANAGEMENT NI, CURRENT GRANT, 15,000.

AND ALSO A GRANT FOR WAY FINDING, SIGNING 17,300.

NOW THIS IS FOR WARREN 13.

JUST THINK, UH, AMAZON CAPITAL SERVICES DOGGY BAGS $240 AND SECTION EIGHT 16,000 APPS FOR SECTION EIGHT 16,500.

AND FOR SAN DIEGO GASTON ELECTRIC, 30 $38,000 FOR THE STREETLIGHTS.

THANK YOU.

TRUE.

THANK

[05:15:01]

YOU.

THANK YOU.

ALRIGHT, SO ITEMS 11, 12, AND 13 OF THE WARRANTS.

UH, WHAT IS YOUR PLEASURE? OBJECT.

SECOND.

SECOND.

OKAY.

WE HAVE A LET'S GET AND MINUTE.

THERE GOES THE MOTION.

MOTION AND THE SECOND.

AND PLEASE VOTE .

MOTION APPROVE UNANIMOUSLY.

ALRIGHT.

NOW WE, WE, MAYOR, CAN YOU HEAR ME? SORRY, WHEN THE VOTE SCREEN'S UP, APPARENTLY YOU CAN'T HEAR ME.

UM, WE

[9.8 Professional Services Agreement with SCI Consulting Group for Ongoing Cannabis Program Support Services — Term Through June 30, 2027; Not-to Exceed $47,000 Per Fiscal Year. (Part 2 of 2)]

HAD A SPEAKER ON 9.8 ON ZOOM.

OH, OKAY.

I'M SORRY.

AND SHE'S STILL UP ON THE SCREEN.

CAN I LET HER COME IN? JUST MAKE A, PLEASE.

YEAH.

THANK YOU.

BECKY WRAP.

THANK YOU.

I KNOW IT'S LATE, BUT I APPRECIATE YOU ALLOWING ME TO SPEAK.

UM, IN REGARDS TO 9.8, I'M ASKED, I'M HERE TO ASK THE CITY TO PROVIDE AN UPDATED AUDIT REPORT DETAILING HOW MUCH REVENUE HAS BEEN COLLECTED THROUGH THE CITY'S CANNABIS PROGRAM AND HOW THOSE FUNDS HAVE BEEN SPENT, PARTICULARLY IN RELATION TO OUTSIDE CONSULTING SERVICES LIKE SCI.

UM, THIS PROGRAM WAS DESIGNATED TO BE SELF-SUSTAINING WITH OPERATING FEES AND TAXES, COVERING THE COSTS OF OVERSIGHT, COMPLIANCE, AND ENFORCEMENT.

YET WE CONTINUE TO SEE CONTRACTS FOR OUTSIDE CONSULTANTS YEAR AFTER YEAR WITHOUT CLEAR DOCUMENTATION SHOWING WHY THOSE SERVICES ARE STILL NEEDED OR HOW THEY ALIGN WITH ACTUAL, ACTUAL REVENUES COLLECTED.

SO BEFORE APPROVING, WHICH YOU ALREADY HAVE, BUT THAT'S OKAY.

UM, I JUST BELIEVE THAT THE PUBLIC DESERVES TRANSPARENCY.

HOW MUCH CANNABIS RELATED REVENUE HAS BEEN COLLECTED TODAY? HOW MUCH HAS BEEN SPENT ON ADMINISTRATION, ENFORCEMENT, AND COMPLIANCE? AND DOES THE CURRENT PROGRAM GENERALLY, UH, GENERATE ENOUGH TO JUSTIFY CONTINUED OUTSIDE CONTRACTS? A FULL AND UPDATED FINANCIAL AUDIT WOULD HELP RESTORE THIS PUBLIC TRUST AND DEMONSTRATE ACCOUNTABILITY.

THANK YOU.

THANK YOU.

THANK, AND BECKY, IF YOU COULD STAY ON FOR A MOMENT, PLEASE.

UM, MAYOR, SHE ALSO HAS A COMMENT ON 9.5 THAT OKAY.

WAS PULLED.

JEFFREY? NO, I, I, I'M NOT GONNA SPEAK TO 9.5, BUT I DO HAVE A NON-AG AGENDA, PUBLIC COMMENT.

OKAY.

THAT'LL, THAT'LL HAVE TO WAIT.

OKAY.

THANK YOU.

BECKY.

YEAH, THAT WILL BE COMING A FEW MOMENTS.

OKAY.

LET'S, UH, WE HAVE TO GO BACK NOW TO, LET'S SEE, WE'RE JUMPED ALL OVER THE PLACE HERE TONIGHT.

TRY TO ACCOMMODATE THE STUFF.

[9.5 Land Use Code Amendment to Restore Omitted Sections 18.10.060 (Rules of Measurement), 18.11.120 (Interim uses), 18.22.020 (Allowed land uses et seq.), 18.30.310 (Tattoo parlors et al), 18.30.340 & 345 (Medical marijuana dispensaries and cultivation).]

WE NEED TO GO TO 9.5.

STILL 9.5? YES, SIR.

OKAY.

ALRIGHT.

DO WE HAVE SOMEONE ON THAT ONE? WE DO.

I THOUGHT SHE SAID SHE DIDN'T WANNA SPEAK TO THAT.

WE HAVE SOMEBODY ELSE.

OKAY.

SOMEBODY.

OKAY.

THANK YOU.

MADISON WRAP.

HI.

THANK YOU.

UM, YEAH, SORRY FOR DOING THIS AT THE LONG MEETING, BUT JUST WANNA THANK YOU FOR TAKING A STRONG AND RESPONSIBLE STANCE BY TIGHTENING THE CITY'S RESTRICTIONS ON MARIJUANA SALES AND RELATED COMMERCIAL ACTIVITY.

AS PARENTS, WE DO EVERYTHING WE CAN TO PROTECT OUR KIDS, BUT WE ALSO DEPEND ON OUR COMMUNITY LEADERS TO HELP CREATE AN ENVIRONMENT THAT SUPPORTS HEALTHY CHOICES.

BY LIMITING WHERE AND HOW MARIJUANA CAN BE SOLD OR GROWN, YOU'RE HELPING TO KEEP THESE PRODUCTS AWAY FROM NEIGHBORHOODS, SCHOOLS, AND PLACES WHERE CHILDREN GATHER.

WE'VE ALL SEEN HOW EASILY THE NORMALIZATION OF MARIJUANA THROUGH STOREFRONTS, ADVERTISEMENTS, AND DELIVERY SERVICES CAN SEND MIXED MESSAGES TO OUR YOUTH.

IT'S IMPORTANT THAT NATIONAL CITY CONTINUES TO PRIORITIZE PUBLIC HEALTH AND FAMILY SAFETY OVER COMMERCIAL PROFIT.

I TRULY APPRECIATE THAT THIS COUNCIL IS TAKING PROACTIVE STEPS TO PREVENT MARIJUANA BUSINESSES FROM EXPANDING UNCHECKED AND TO ENSURE OUR COMMUNITY REMAINS A SAFE PLACE TO RAISE CHILDREN.

THANK YOU FOR PUTTING FAMILIES FIRST AND FOR STANDING UP FOR THE WELLBEING OF OUR CITY'S NEXT GENERATION.

THANK YOU.

OKAY.

THANK.

THANKS.

ALRIGHT.

UM, OKAY.

NEXT WE GOT THE REGIONAL BOARDS AND, UH, COMMITTEE REPORTS.

UH, MAYOR, WE NEED TO VOTE ON 9.5 PLEASE.

YOU GOT ANOTHER ONE ON NINE FIVE? NO, WE HAVE NO, YOU NEED TO VOTE ON IT.

WE, MR. MAY.

OKAY.

I THOUGHT WE SECOND.

OKAY.

ALRIGHT, WE HAVE A MOTION SECOND ON NINE FIVE.

AND PLEASE VOTE.

MOTION TO APPROVE A UNANIMOUSLY.

OKAY.

UH, NOW

[8. REGIONAL BOARDS AND COMMITTEE REPORTS]

WE GO OVER TO REGIONAL BOARDS AND, AND COMMITTEE REPORTS TO START

[05:20:01]

DOWN HERE ON MY LEFT.

NOTHING TO REPORT.

OKAY.

VERY QUICK ONE, MR. MAYOR.

UM, METRO JPA HAS SUBMITTED THE FINAL, UM, UH, SARAH, THIS IS THE, UH, UH, THE AMENDED AND RESTATED SECOND AMENDED AND RESTATED AGREEMENT.

UM, THAT'S GONNA GO NOW FROM, UM, OUR STAFF, UH, CITY ENGINEER TO OUR LEGAL TO TAKE CARE OF THE DOCUMENTATION IN ORDER FOR US TO ADOPT A RESOLUTION.

SO THAT'S BEING WORKED ON.

SWEET WATER AUTHORITY.

NO REPORT, NO PORTABLE ITEM.

SAN DIEGO COUNTY WATER AUTHORITY, NO REPORTABLE ITEM, AND SAN DIEGO COMMUNITY POWER NOR REPORTABLE ITEM.

THANK YOU, MR. MAYOR.

OKAY.

WE'RE HERE ON MY RIGHT.

NOTHING REPORT.

UH, THANK YOU.

I'VE ATTENDED THE SANDAG MEETINGS.

UH, NOTHING TO REPORT.

REGULAR BUSINESS FOR SANDAG.

THANK YOU.

IT WAS ALL IN THE PAPER THIS MORNING.

.

ALRIGHT.

UH, I HAVE NOTHING TO REPORT.

SO, ON THAT WE DO HAVE TO GO

[5. PUBLIC COMMENT (Part 2 of 2)]

BACK TO ON PUBLIC COMMENT.

WE HAVE THOSE THAT ARE ON ZOOM WE BROUGHT OVER TO THE END OF THE MEETING.

WE DO, WE HAVE ONE.

OKAY.

BECKY WRAP.

THANK YOU.

UM, TONIGHT I AM HERE TO ASK THE CITY TO AGENDIZE A DISCUSSION SURROUNDING THE ENFORCEMENT FRAMEWORK WORK FOR ASSEMBLY BILL EIGHT, THE STATE LAW TAKING EFFECT.

JANUARY 1ST, AB EIGHT CLOSES A DANGEROUS LOOPHOLE THAT HAS ALLOWED HIGH POTENCY AND INTOXICATING HEMP PRODUCTS TO BE SOLD IN CONVENIENCE STORES AND VAPE SHOPS WHERE THERE'S LITTLE SIGHT AND EASY YOUTH ACCESS.

THESE PRODUCTS ARE BEING PACKAGED AND PROMOTED LIKE CANDY, DESPITE POISONING, DESPITE PO POSING REAL RISKS, THE DEVELOPING BRAIN, INCLUDING ADDICTION, PSYCHOSIS, AND IMPAIRED LEARNING.

STARTING IN 2026, THESE PRODUCTS MUST BE TESTED, TRACKED AND TEXT.

BUT TO MAKE THIS WORK, NATIONAL CITY MUST HAVE A LOCAL ENFORCEMENT PLAN.

I'M ASKING THE COUNCIL TO AGENDIZE AB EIGHT AND TO DEVELOP A CITYWIDE FRAMEWORK WITH LAW ENFORCEMENT AND CODE ENFORCEMENTS, SPECIFICALLY FOCUSING ON UPDATING LOCAL ORDINANCES TO ALIGN WITH AB EIGHT'S NEW DEFINITIONS AND RESTRICTIONS.

THE DISCUSSION SHOULD INCLUDE TRAINING INSPECTORS AND OFFICERS TO IDENTIFY ILLEGAL PRODUCT SALES AND ALSO THE LAUNCHING OF A PUBLIC EDUCATION CAMPAIGN ON THE HARMS OF HIGH POTENCY MARIJUANA AND INTOXICATING HEMP PRODUCTS ON YOUTH AND YOUNG ADULTS.

THE CONVERSATION SHOULD NOT ONLY BE ABOUT ENFORCEMENT, BUT SHOULD ALSO INCLUDE PREVENTION AND EDUCATION.

NATIONAL CITY HAS THE OPPORTUNITY TO LEAD WITH A PROACTIVE HEALTH BASED APPROACH THAT PROTECTS OUR YOUNG PEOPLE AND ENSURES COMMUNITY SAFETY.

THANK YOU.

THANK YOU MAYOR.

THAT CONCLUDES THE ZOOM COMMENTS FOR THIS EVENING.

ALRIGHT, WITH THAT, WE GO TO COUNCIL COMMENTS OR

[12. CITY MANAGER’S REPORT]

ACTUALLY, UH, STAFF REPORT.

CITY MANAGER, YOU THINK? UH, OKAY.

ARE YOU AWAKE? OKAY.

UH, BEEN UP SOME QUIET .

OKAY.

UH, STARTING HERE

[13. ELECTED OFFICIALS REPORT]

ON MY LEFT, UH, JUST WANTED TO THANK, UH, MY COUNCIL COLLEAGUES FOR A VERY SPIRITED DISCUSSION TODAY AND A VERY LONG, UH, SERIES OF ITEMS THAT WE'RE, UM, FINALLY VOTED ON.

AND I ALSO WANTED TO THANK, UH, VOTERS.

UM, PROPOSITION 50 WAS ON THE BALLOT TODAY.

AND SO THANK YOU ALL FOR, UH, EXERCISING YOUR, UH, CIVIC DUTY.

THANK YOU.

THANK YOU, MAYOR.

UM, I WOULD LIKE TO CONGRATULATE CONSTITUENT DISTRICT THREE FOR WINNING AN INTERNATIONAL, UM, UM, AWARD FOR, UM, INTERNATIONAL BAKERS INDUSTRY EXPO.

UM, MARK PHILLIP VALERIO SANTOS OF VALERIO BAKE SHOP FOR WINNING THE INTERNATIONAL AWARD OF THE PANDAOL WON THE AWARD.

, I WOULD ALSO LIKE, UM, WITH A HEAVY HEART TO, UM, TO SEND A GOOD FRIEND, UM, YOU KNOW, I MEAN A BROTHER, UH, AN, UH, A SERVANT TO THE COMMUNITY, UM, JUMAN MM-HMM .

WHO, UH, LEFT, UM, US, UM, IN, IN HIS HONOR WITH HIS TREMENDOUS SERVICE, UH, NOT ONLY IN THE FILIPINO COMMUNITY, BUT THE COMMUNITY IN GENERAL.

UH, THANK YOU MAYOR.

OKAY.

OKAY.

I'M ALL RIGHT.

UH, THANK YOU MAYOR.

UM, THANK YOU EVERYBODY FOR COMING OUT TONIGHT.

I HOPE YOU ARE ABLE TO GET HOME SOON AND GO TO BED.

THANK YOU.

JUST, UH, THIS FRIDAY, NOVEMBER 7TH FROM FIVE TO 8:00 PM AT NATIONAL CITY MIDDLE SCHOOL, THE UNITED LOW RIDER COALITION IS DOING A CAR SHOW FOR THE STUDENTS.

SO IT'S OPEN TO THE PUBLIC.

ALRIGHT.

AND AS I MENTIONED EARLIER, UH, THIS SATURDAY, WE DO HAVE THE, UH, VETERANS DAY, UH, VETERANS PARADE AND, UH, VETERANS CELEBRATION IN KIMBALL PARK.

AND THAT'S COMING UP ALSO TONIGHT.

WE DID HAVE ON, ON THE AGENDA FOR OUR PLANNING COMMISSIONER TO MAKE HIS REPORT.

UH,

[05:25:01]

BUT BECAUSE OF THE WAY IT'S ALL GOT SCHEDULED, HE'LL BE, BE, UH, ON OUR NEXT AGENDA, UH, FOR THAT ONE.

UH, WITH, WITH THAT, THAT WAS OUR, OUR PLANNING COMMISSION TO MAKE THE YEARLY REPORT.

AND SO HE DIDN'T WANNA WAIT TILL NOW.

SO, UH, HE'LL, HE'LL COME BACK ON THE NEXT, NEXT AGENDA.

WE'LL SCHEDULE THAT FOR THAT.

WITH THAT, UH,

[14. CITY ATTORNEY REPORT]

OVER TO OUR CITY ATTORNEY FOR REPORT OUTTA CLOSED SESSION.

UH, TONIGHT WE HAD, UH, FOUR ITEMS ON CLOSED SESSION AND THERE'S NO REPORTABLE ACTIONS.

OKAY.

WITH THAT, WE ARE ADJOURNED.

THANK YOU, SAM.