HomeMy WebLinkAboutCC RESO 2010-89RESOLUTION NO. 2010 — 89
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
IN SUPPORT OF CALIFORNIA SENATE BILL 1039
PROVIDING THAT IN IMPLEMENTING THE PORT
MASTER PLAN, THE PORT OF SAN DIEGO CONSIDER
THE INCLUSION OF COOPERATIVE INFRASTRUCTURE
AND CAPITAL PROJECTS WHICH DIRECTLY ADDRESS
MARITIME IMPACTS IN THE CITIES THAT HOST
THOSE MARITIME ACTIVITIES, CONSISTENT
WITH THE PUBLIC TRUST DOCTRINE
WHEREAS, the Port of San Diego (the "Port") has two marine terminals: the 10th
Avenue Marine Terminal adjacent to the Barrio Logan area of San Diego, which is 96 acres in
size, and the National City Marine Terminal, which consists of 125 acres; and
WHEREAS, historically, the City of National City has supported the Port,
maritime activities, and the region in the following ways:
■ Dedicated 100 percent of its bayfront to maritime and national defense.
■ Adopted transition and distribution zones to protect maritime.
■ Supported the Port's acquisition of the National Distribution Center.
■ Supported the Port's efforts to preserve 10th Avenue for maritime activities.
■ Recently spent $3 Million to widen and improve Bay Marina Drive.
WHEREAS, for years the City has sought to achieve a "win -win -win" solution —
for the City, the Port of San Diego, and the region — to the inequities arising from the regional
benefits, at the cost of local impacts to the City, resulting from the use of the City's bay front for
the National City Marine Terminal; and
WHEREAS, the impacts upon the City resulting from maritime activities on the
City's bayfront include the following:
• The City's designation as an Environmental Justice Community by the U.S.
Environmental Protection Agency, San Diego County Air Pollution Control
District, and SANDAG.
• Increased truck and rail traffic resulting in increased wear and tear to
infrastructure, especially streets, maintained by the City.
• An increase in negative air impacts due to increased diesel emissions from
ships, trains, and trucks.
• Increased large truck traffic creating safety concerns about the mingling of
local and regional traffic, as well as the mingling of truck traffic and
pedestrian traffic.
• The loss of recreational and public access to the bayfront in the residents'
own community.
Resolution No. 2010 — 89
May 4, 2010
Page 2
• Port capital spending in the City that has been primarily targeted to terminal
projects that do not create quality of life improvements or municipal revenues
experienced by other member cities.
• The loss of bayfront lands on which to develop tourist -commercial uses that
provide both a more aesthetically pleasing community and municipal
revenues such as sales, property, and TOT taxes.
• The loss of undeveloped natural areas and their myriad benefits to children
and adults.
• Increased noise and visual blight.
• The prohibition against waterfront development of housing and commercial
uses.
• The necessity for the City to have personnel, equipment, and specialized
training to respond to the emergencies and potential disasters due to the
presence of the marine terminals and heavy industry; and
WHEREAS, the common law Public Trust Doctrine requires that Port lands and
funds be used in the best interests of the people of the State; and
WHEREAS, the State Lands Commission has recognized that Port funds may be
expended, consistent with the Public Trust Doctrine, to mitigate the various impacts resulting
from Port maritime activities; and
WHEREAS, Senator Denise Ducheny has introduced legislation, known as SB
1039, to provide that in implementing the Port Master Plan, the Port consider the inclusion of
cooperative infrastructure and capital projects that directly address maritime impacts in the cities
that host maritime industrial activities and that are consistent with the Public Trust Doctrine; and
WHEREAS, the major goals of SB 1039 are the following:
To apply only to the unique five -member Port of San Diego.
• To clarify the current San Diego Port Act regarding the use of Port funds to
mitigate the impacts of maritime activities upon the cities that host those
activities.
• To protect the National City Marine Terminal by providing an incentive to the
City to support a maritime bayfront, and to provide the resources to the City
to support and enhance the Terminal and maritime uses.
• To maintain consistency with the Port's strategic objectives to promote the
Port's maritime industries to stimulate regional economic vitality; enhance
and sustain a dynamic and diverse waterfront; protect and improve the
environmental conditions of San Diego Bay and the Tidelands; and ensure a
safe and secure environment for people, property, and cargo.
Resolution No. 2010 — 89
May 4, 2010
Page 3
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby supports the passage of SB 1039, sponsored by Senator Denise Ducheny.
PASSED and ADOPTED this 4th day of , 2010.
Ron Morrison, Mayor
ATTEST:
Mi hael R. Dalla,
ity Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on May 4,
2010 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
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City Clerk of the City ofational City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2010-89 of the City of National City, California, passed and adopted
by the Council of said City on May 4, 2010.
City Clerk of the City of National City, California
By:
Deputy