[1. CALL TO ORDER]
[00:00:06]
I'M GOING TO, UH, CALL THE MEETING TO ORDER A LIVE WEBCAST OF THE MEETING MAY BE VIEWED ON THE CITY'S WEBSITE.
THE NOTICE AGENDA AND INFORMATION ON THE CITY OF NATIONAL 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, EITHER IN PERSON BY SUBMITTING ONE OF THESE SALMON COLORED SLIPS THAT YOU CAN GET AT THE BACK OF THE OH OH.
UH, OR BY EMAILING NO LATER THAN FOUR HOURS BEFORE THE MEETING.
ALL WRITTEN COMMENTS RECEIVED WILL BE DISTRIBUTED TO THE COUNCIL PRIOR TO THE MEETING AND PUBLISHED ON THE CITY'S WEBSITE IF RECEIVED BY THE DEADLINE.
WITH THAT, COULD WE HAVE ROLL CALL, PLEASE? SURE.
COUNCIL MEMBER MOLINA PRESENT.
PRESENT VICE MAYOR BUSH IS CURRENTLY ABSENT.
WITH THAT, WE DO HAVE A QUORUM.
AND, UH, IF I COULD ASK, UH, MEMBER RODRIGUEZ, WOULD YOU LEAD US IN THE PLEDGE OF ALLEGIANCE? RIGHT HAND OVER YOUR HEART.
READY? BEGIN I PLEDGE OF ALLEGIANCE TO THE FLAG ON THE UNITED STATES OF AMERICA.
THANK TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.
[4. PUBLIC COMMENT]
NOW THEN WE WILL HEAR PUBLIC COMMENTS ON ITEMS THAT ARE SPECIFIC TO, UH, THE AGENDA.AND SINCE THIS IS A, UH, SPECIAL PUBLIC, UM, UH, SPECIAL MEETING, UM, DO WE HAVE ANYONE THAT'S, UH, ON ZOOM ON FOR THIS ONE? NO, WE DO NOT.
I AM GOING TO, UH, LEMME GET TO TWO MINUTES AND, UH, WE'LL START OFF WITH, UH, MIKA BLANCO, FOLLOWED BY LUISA MCCARTHY TO BE FOLLOWED BY FRANK RIVERA.
GOOD AFTERNOON, EVERYBODY LIKE YOUR HAIR.
UM, WE ARE TALKING TODAY ABOUT THE LAWSUIT THAT WE BROUGHT, UM, UH, I GUESS IT'S THE 5.2 ITEM AND I, WE GAVE EVERYBODY A, UH, HANDOUT.
AND IN THE HANDOUT IT SAYS, THE PLAINTIFF DESIRES A JUDICIAL DETERMINATION THAT THE DEFENDANT'S CITY OF NATIONAL CITY HAS A LEGAL AUTHORITY TO RESTORE THE 0.80 ACRE.
COULD I INTERRUPT YOU JUST FOR ONE MOMENT? YES.
GO TO OUR CITY, UH, CITY ATTORNEY AND COULD WE HAVE A DESCRIPTION OF WHAT IS ON OUR AGENDA? SO THE, THE ITEM ON THE AGENDA IS THE CASE ON THE PUBLIC RECORDS ACT LITIGATION, NOT ANY NEW LAWSUIT.
THIS IS THE SOLUTION TO THE PRA UH, LAWSUIT.
THIS IS OUR SOLUTION TO THE LAWSUIT.
I UNDERSTAND, BUT THAT'S NOT WHAT NO, THAT'S NOT WHAT'S ON THE AGENDA.
SO WHAT IS ON THE AGENDA? THE PRA? OKAY.
WELL THE SOLUTION TO THE PRA CASE IS THAT THE, UH, PLAINTIFF RESTORES THE 0.80 ACRE PARCEL TO RS TWO AND THE CORRESPONDING GENERAL PLAN TO LOW MEDIUM DENSITY RESIDENTIAL.
ALRIGHT, UH, LOUISA MCCARTHY TO FOLLOWED BY FRANK RIVERA TO BE FOLLOWED BY MARIA SEVERSON.
GOOD AFTERNOON COUNSEL AND WELCOME CITY MANAGER.
JUST DON'T BE ON YOUR PHONE LIKE THE OTHER ONE AND PAY ATTENTION
WHY WOULD THE APPLICANT ALLOW THE EXISTING CUP TO EXPIRE BASED ON THE CITY SUPPORTING THE NEW CUP WHEN THE NEW CUP HAS NOT EVEN BEEN SUBMITTED TO THE CITY? THIS IS REGARDING THE PRA, SO YEAH, YOU CAN LOOK ALL YOU WANT.
HOW COULD THE APPLICANT THINK THE CITY SUPPORTED THIS NEW CUP WHEN THE NEW CUP HADN'T EVEN EVEN BEEN PRESENTING TO THE CITY? MAYOR, WE KNOW THE ANSWER BECAUSE YOU WERE THE CITY THAT TOLD THE APPLICANT THAT THEY COULD ALLOW THEIR EXISTING CUP TO EXPIRE BECAUSE YOU TOLD THEM THAT THE CITY WOULD ADOPT THE NEW CUP THAT IS ALL READ UNDER THE PUBLIC RECORDS ACT, ALL THE DOCUMENTATION THAT WE HAVE BEEN GIVEN, AND THERE'S PLENTY MORE PENDING BECAUSE COINCIDENTALLY, RIGHT BEFORE THE MEDIATION THAT YOU DID NOT ATTEND MAYOR, YOU CHICKENED OUT AND DIDN'T ATTEND AND FACE THE MUSIC BECAUSE YOU WANT EVERYBODY TO KNOW THE TRUTH.
YOUR PRIORITY WAS TO BE AT A SEMINAR WITH THE SOUTH ECONOMIC DEVELOPMENT
[00:05:01]
KNOWING WE HAD A PENDING MEDIATION.THAT'S HOW SERIOUS AND PRIORITIZE YOU MAKE THE CITY MONEY AT THE EXPENSE OF THE PEOPLE.
WHAT NEEDS TO BE DONE IS TO RESTORE THE GENERAL PLAN TO LOW MEDIUM DENSITY AND THE ZONING TO RESIDENTIAL GUYS.
PEOPLE ARE WATCHING, THEY SEE IT, THEY'RE COMING TO US.
THEY WANNA BE PART OF OUR COALITION.
I'M TELLING YOU, YOU NEED TO BRING A SOLUTION TO THIS PROBLEM BECAUSE YOU'RE GONNA SEE YOURSELF IN A BIG, BIG PICKLE.
AND I WOULD HATE FOR THE CITY TO BE SEEN IN THAT LIGHT THAT THEY DON'T DESERVE.
THANK YOU FRANK RIVERA TO BE FOLLOWED BY MARIA SEVERSON.
MY PRESENTATION WILL BE IN SPANISH.
I WILL CALL THEM MORSAN MORRISON.
DO WE DON'T HAVE THE TRANSLATORS AVAILABLE.
WE DON'T HAVE, UH, TRANSLATION FOR THE CLOSED SESSION TYPICALLY.
IF I MAY, UH, THE SPEAKER MENTIONED THE SAME COMMENT IN SPANISH AS, UH, THE PREVIOUS SPEAKER BEFORE HIM DID IN ENGLISH? YES.
UH, MARIA SEVERSON TO BE FOLLOWED BY MICHAEL AGUE TO BE FOLLOWED BY MARISSA CUEVAS.
GOOD AFTERNOON AND WELCOME MR. HUTH.
ON MARCH 24TH, WE HAD CONFIRMED A MEDIATION DATE FOR THE MATTER THAT IS THE LITIGATED CASE.
THE PUBLIC RECORDS CASE ITEM 5.2 ON TODAY'S AGENDA.
WE SET IT OUT FOR APRIL 29TH, SO THAT'S MORE THAN A MONTH LATER.
WE HAD TO DEMANDED THAT DECISION MAKERS BE THERE AND SPECIFICALLY YOU MAYOR MORRISON.
WE WERE ASSURED THAT WOULD BE THE CASE.
I LOOK ON THE INTERNET DURING THE MEDIATION AND I SEE THERE YOU ARE, YOU KNOW, AT SOME, UH, CONFERENCE THAT YOU HAD PREARRANGED AND NEVER DISCLOSED THAT TO THE FOLKS WHO SPENT THE TIME GETTING READY.
DO YOU NOT THINK THIS IS A SERIOUS MATTER? DO YOU NOT REGARD THE PUBLIC RIGHTS TO ACCESS OF RECORDS OR THE PUBLIC RIGHTS TO BRING LEGAL ACTION UNDERNEATH THE, UH, PUBLIC RECORDS ACT LAWS? WE'RE GOING TO FILE A CLAIM AGAINST THE CITY, AND I'D LIKE ALL THE OTHER COUNCIL MEMBERS TO UNDERSTAND THIS BECAUSE IT WAS IN BAD FAITH AND A WASTE OF TIME.
IT WAS OVER $5,500 TO GO THROUGH THE MOTIONS THERE AND YOU WOULD NOT EVEN SHOW UP.
WE SET THE DEPOSITIONS, CONTINUED ON THINKING YOU ARE COMING FORWARD IN GOOD FAITH, BUT NO, YOU DID IT.
AND I DON'T KNOW WHAT PARTICIPATION ANY OF THE OTHER COUNCIL MEMBERS HAVE, BUT THIS IS, THIS IS WHAT'S HAPPENING, OKAY? THIS IS A WASTE OF MONEY.
WHAT HAS BEEN CONFIRMED IS YOU ARE AVAILABLE FOR DEPOSITION ON MAY 28TH AND IT WILL BE TAKEN THEN.
SO KEEP YOUR CALENDAR CLEAR, MAKE SURE YOU DON'T SIGN UP FOR ANY HAM GIVEAWAYS OR JUNKETS OR ANYTHING LIKE THAT, AND WE'RE GONNA GET ANSWERS TO THE QUESTIONS.
COULD I ASK YOU ONE QUESTION WHO I'M NOT, I'M NOT HERE TO ANSWER YOUR QUESTIONS.
WELL, I I CAN UNDERSTAND THAT, BUT ANYWAY, WHO ASSURED YOU THAT I WAS GONNA BE THERE OR THAT I WAS EVEN INFORMED THAT I WAS EVEN INVITED? YOU SHOULD TALK TO YOUR ATTORNEY ABOUT THAT.
NOW THEN DO YOU CHALLENGE WE GO TO MICHAEL AGUIRE, NEXT TO MAR UH, MARISSA CUEVAS AND THEN PATRICIA TERAN.
OKAY, WELL, MAYOR, I WILL SAY THIS, THAT THAT'S, UH, A LEGITIMATE QUESTION ON YOUR PART.
AND WE ASK THE MEDIATOR SPECIFICALLY, AND WE WERE ASSURED SPECIFICALLY THAT YOU WOULD BE AVAILABLE TO DISCUSS IT BECAUSE WE WERE THERE UNTIL EIGHT O'CLOCK AT NIGHT.
[00:10:01]
WAS, UH, YOU, YOU WERE, WE WERE TOLD YOU WEREN'T AVAILABLE.COUNCIL MEMBER MOLINA, UH, WE HAVE SOMETHING IN COMMON.
WE WENT TO UC, BERKELEY, I KNOW YOU WERE THE CLERK HERE.
AND YOU HAVE TO UNDERSTAND THAT WHAT WE'RE TALKING ABOUT TODAY IN YOUR CLOSED SESSION, WHAT WE'RE TRYING TO GET YOU TO UNDERSTAND IS WE THINK WE'VE COME UP WITH A SOLUTION TO THE PROBLEM.
OKAY? SO IN CLOSED SESSION, WHEN YOU'RE DISCUSSING THIS CASE, WE WANT YOU TO THINK ABOUT THIS, THE AREA THAT WE'RE TALKING ABOUT, WHICH IS THE AREA OF, UH, SWEETWATER IN ORANGE STREET.
IF YOU, IF YOU STAND THERE AND YOU LOOK BACK AND YOU, YOU, THIS IS ALL RESIDENTIAL AND THE PLOT, THE 0.8 ACRES OF THE PLOT HAD HOUSES ON IT AND THEY'VE BEEN TORN DOWN, BUT IT IS A RESIDENTIAL COMMUNITY, CHANGE IT BACK, RESTORE THE GENERAL PLAN TO LOW AND MODERATE DENSITY, AND THEN PUT THE ZONING BACK IN AS RESIDENTIAL AND WE'RE HOME FREE AND WE ALL GO HOME.
AND THAT'S THE EASIEST SOLUTION YOU CAN MAKE NO DEPOSITIONS.
YOU'LL HAVE TO GIVE UP THE WONDERFUL EXPERIENCE OF SEEING ME BACK HERE AND EVERYBODY ELSE BACK HERE SEVERAL MORE TIMES.
I KNOW THAT'LL BE HARD TO, TO GIVE UP, BUT IT'S A SACRIFICE THAT I HOPE THAT YOU'LL CONSIDER MAKING.
YOU KNOW, UM, MIKA POLANCO ACTUALLY IS THE ONE THAT CAME UP WITH THIS BECAUSE WE, SHE WENT BACK AND STUDIED VERY CAREFULLY WHAT THE HECK HAPPENED.
THE, THE PROPONENTS OF THIS PROJECT CAME BEFORE THE COUNCIL OF THE, OF THE PLANNING COMMISSION IN 2017 AND SAID, OKAY, WE'RE GONNA GO, GO, GO, GO, GO.
THEN THEY WENT TO 2019, WE'RE GONNA GO, GO, GO, GO, GO.
THEN THEY WENT AGAIN AND RENEWED IT IN 2022.
UH, MARISSA CUEVAS BE FOLLOWED BY PATRICIA TERAN.
THE SOLUTION FOR THIS CASE IS TO RESTORE THE GENERAL PLAN TO LOW MEDIUM DENSITY AND ZONING BACK TO RESIDENTIAL.
WHY WOULD THE APPLICANT ALLOW THE EXISTING CUP TO EXPIRE BASED ON THE CITY SUPPORTING THE NEW UC, THE NEW CUP WHEN THE NEW CUP HADN'T EVEN BEEN SUBMITTED TO THE CITY IN THAT MONTH? HOW COULD THE APPLICANT THINK THAT THE CITY SUPPORTED THIS NEW CUP WHEN AGAIN, THE NEW CUP HADN'T BEEN PRESENTED TO THE CITY MAYOR, WE KNOW THE ANSWER BECAUSE YOU WERE THE CITY THAT TOLD THE APPLICANT THAT THEY WOULD ALLOW THEIR EXISTING CUP TO EXPIRE BECAUSE YOU TOLD THEM THAT THE CITY WOULD ADOPT THE NEW CUP.
WHAT NEEDS TO BE DONE IS RESTORE THE GENERAL PLAN TO LOW MEDIUM DENSITY AND ZONING TO RESIDENTIAL.
WHEN WE LOOK AT THE MAPS HERE IN WHICH THE LAND IS EXISTING, IT'S ALL IN RESIDENTIAL.
IT'S WHERE THERE'S HOMES, PEOPLE LIVING, UM, PEOPLE THRIVING AND THE CONSTITUENTS OF NATIONAL CITY DO NOT WANT THIS PROJECT HAPPENING, AS THEY'VE TOLD YOU REPEATEDLY AND ON MULTIPLE TIMES DURING PUBLIC COMMENT AND THROUGH VARIOUS OTHER ACTS.
THE PROPOSED SOLUTION, AGAIN TO THIS PUBLIC RECORDS LAWSUIT IS TO RESTORE THE GENERAL PLAN TO LOW MEDIUM DENSITY AND ZONING TO RESIDENTIAL.
BEFORE MY COMMENT, I WANNA REPEAT AGAIN THIS, MR. MAYOR, WHY WOULD THE APPLICANT ALLOW THE EXISTING CUP TO EXPIRE BASED ON THE CITY SUPPORTING THE NEW CUP WHEN THE NEW CUP HAS NOT EVEN BEEN SUBMITTED TO THE CITY? HOW COULD THE APPLICANT THINK THE CITY SUPPORTED THIS NEW CUP WHEN THE NEW CUP HADN'T EVEN BEEN PRESENTED TO THE CITY? MAYOR, WE KNOW THE ANSWER BECAUSE YOU WERE THE CITY THAT TOLD THE APPLICANT THAT THEY COULD ALLOW THEIR EXISTING CUP TO EXPIRE BECAUSE YOU TOLD THEM THAT THE CITY WOULD ADOPT THE NEW CUP.
WHAT NEEDS TO BE DONE IS TO RESTORE THE GENERAL PLAN TO LOW MEDIUM DENSITY AND THIS ZONING TO RESIDENTIAL.
I ALSO WANTED TO SAY SOMETHING, MENTION SOMETHING I HAVE SEEN ALL OVER SOCIAL MEDIA THAT WITH DIFFERENT WORDS YOU HAVE SAID THAT THIS IS LIKE A SHOW AND YOU KNOW, THIS IS NOT BECAUSE YOU HAVEN'T EVEN, UM, GO TO MEDIATION.
SO WE KNOW FOR A FACT THAT THIS IS HAPPENING, BUT MAYBE IN YOUR HEAD IT'S NOT HAPPENING THE SAME WAY IT IS, UH, THE TRUTH.
SO, UH, MR. MAYOR, WE KNOW THAT YOUR HANDS AND
[00:15:01]
YOUR ASSISTANTS HANDS HAVE BEEN, UM, IN EVERYTHING TO HELP THE DEVELOPER.I THINK THAT THIS SINGLE ACTION DISQUALIFIES YOU FROM ANY DECISION MAKING, UM, UNTIL TRANSPARENCY, UH, TRANSPARENCY COMES TO JUSTICE.
[5. CLOSED SESSION]
OKAY.WITH THAT, I WILL, UH, TURN IT OVER TO OUR ASSISTANT CITY ATTORNEY.
CITY COUNCIL WILL NOT MEET, MEET IN CLOSE SESSION ON TWO ITEMS, PUBLIC EMPLOYEE PERFORMANCE EVALUATION, DISMISSAL AND RELEASE UNDER GOVERNMENT CODE 5 4 9 5 7 B.
THIS IS FOR THE POSITION OF CITY MANAGER.
SECOND ITEM IS EXISTING LITIGATION UNDER GOVERNMENT CODE 5 4 9 5 6 0.9.
THIS IS A CASE OF POLANCO VERSUS CITY OF NATIONAL CITY.
CASE NUMBER 25 CU 0 0 4 1 9 3 C.
ALRIGHT, WE ARE NOW IN CLOSED SESSION 4 58, SO I WASN'T THERE THE WHOLE TIME THOUGH.
ALRIGHT, I'M GONNA CALL THE MEETING BACK TO ORDER.
IF WE COULD HAVE A, UH, SILENT ROLL CALL WITH ALL MEMBERS PRESENT AT THE DAIS.
OKAY? GIVE US JUST A MOMENT HERE.
UH, OKAY WITH THAT WE HAVE COME OUT A CLOSED SESSION AND, UH, UH, REPORT OUT NOW.
UH, NO, AND, AND WE'LL BE REPORTING OUT AT THE END OF THE, UH, COUNCIL MEETING.
UH, WITH THAT WE ARE ADJOURNED AND WE'LL BE BACK IN 10 MINUTES TO START THE MEETING.