HomeMy WebLinkAboutCC RESO 2022-50RESOLUTION NO.2022-50
RESOLUTION OF CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA,
AUTHORIZING THE MAYOR TO EXECUTE A COMMON INTEREST AND MUTUAL
DEFENSE AGREEMENT BETWEEN THE SAN DIEGO UNIFIED PORT DISTRICT
AND THE CITY OF NATIONAL CITY
WHEREAS, S, this Agreement concerns the proposal sought by Burlington
Northern and Santa Fe Railway ("BSNF") and Los Angeles — San Diego — San Luis
Obispo Rail Corridor Agency "L S S N" that would place BS F's maintenance
activities on the National nal City Marine Terminal ("NCMT") T" and areas adjacent to the
NCMT ("BNSF Project"); and
WHEREAS, the Parties have jointly been processing land use entitlements for
what is commonly known as the National City Balanced Plan ("Balanced Plan") within the
Port's jurisdiction, additional commercial uses within the City's jurisdiction and an
extension and realignment of the Bayshore bikeway (collectively, "Port/City Project") ; and
WHEREAS, the draft Environmental Impact Report ("EIR") is currently being
circulated for public review and the Port/City Project has not been approved by the
Port or City, but is anticipated to go to the respective decision -makers in short-order;
and
WHEREAS, S, the purpose of this Agreement is to 1 memorialize the common
interest of the Parties in exchanging privileged and confidential information
necessary to the preparation, review, and defense of any BNSF litigation that would
advance the BNSF Project, including an eminent domain action; 2 memorialize the
common interest of the Parties in exchanging privileged and confidential information
necessary to the review of the BNSF Project; and 3 set forth the terms for
interactions among the Parties and their respective Legal Counsel in order to
accomplish these objectives in the Parties' common interest; and
WHEREAS, any exchange of privileged and confidential information or work
product pursuant to the terms of this Agreement will be communicated pursuant to a
common interest/non-waiver doctrine and the extension of the attorney -client and
work product privilege doctrines as provided herein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS
FOLLOWS:
Resolution No. 2022 50
Page Two
Section 1: Authorizes the Mayor to execute a Common Interest and Mutual
Defense Agreement between the San Diego Unified Port District and the City of
National tional City.
Section 2. That the City Clerk shall certify the passage and adoption of this
Resolution and enter it into the cook of original Resolutions.
PASSED and ADOPTED this 5th day of April, 2022.
Alejandra Sotelo-Solis, Mayor
ATTEST:
APPROVED AS TO FORM:
Ae
c
Charles E. Bell Jr., +� ttorne
Passed and adopted Dy the City Council' of the City of National City, California, on
Agri! 5, 2022 by the following vote, to -wit.
Ayes: otelo--Solis, Morrison, Rios, Rodriguez
Nays: None.
Absent: Bush
Abstain: None.
AUTHENTICATED BY ALEJANDRA SOTELO-SOLIS
Mayor of the City of National City, California
Luz Molina
City Clerk of the City of National City, California
BY