Public commenters urge restoration of 0.8-acre parcel as council convenes closed session on Public Records Act lawsuit

Several National City residents urged the City Council to restore a 0.8-acre parcel in the Sweetwater/Orange Street area to residential land use and criticized city leadership during public comment at a special meeting where the council recessed into closed session to discuss a Public Records Act lawsuit.

Speakers during the public-comment period repeatedly pressed the council to “restore the general plan to low medium density and the zoning to residential” for a 0.8-acre parcel that commenters described as historically residential. Mika Polanco said, “the plaintiff desires a judicial determination that the defendant's City of National City has a legal authority to restore the 0.8 acre.” Louisa McCarthy and others echoed that position and attributed the dispute to permitting and conditional use permit (CUP) timing.

The City’s Assistant City Attorney characterized the agenda item as the Public Records Act litigation, saying, “the item on the agenda is the case on the Public Records Act litigation, not any new lawsuit.” After public comment the council convened a closed session on two items: a public employee performance matter for the city manager under California Government Code §54957(b) and existing litigation under California Government Code §54956.9, identified in the meeting as Polanco v. City of National City (case number 25). The council announced it had come out of closed session and said it would “be reporting out at the end of the council meeting.”

Commenters alleged the mayor and city officials had encouraged the applicant to let an existing CUP expire because the city would adopt a new CUP that had not yet been submitted. Maria Severson told the council she and other residents were told the mayor did not attend a mediation and called that absence “a waste of money,” saying depositions will continue and a deposition of the mayor was scheduled for May 28. Michael Aguirre also said the mediation participants had been told the mayor would be available and reported they stayed until 8 p.m. expecting the mayor to appear.

Several commenters said the parcel had been residential with houses that were demolished and argued the simplest resolution to the Public Records Act dispute would be to restore the general plan designation and the zoning to residential. Commenters also said they would file a claim against the city; one commenter estimated the mediation cost at about $5,500.

The council met in closed session on the two items described above. No public vote or formal council action on zoning or land-use changes was taken during the meeting; the closed-session items were described as an existing litigation matter and a personnel matter for the city manager. The council's summary at reconvening said it would report out later in the meeting.

Background: the matter was identified in the meeting as item 5.2, the Public Records Act litigation (Polanco v. City of National City). Commenters referred to renewed CUP proceedings in 2017, 2019 and 2022, and urged reversal of the land-use change for the 0.8-acre parcel in the Sweetwater/Orange Street area.

No ordinances, resolutions, appointments or funding votes were recorded on the public record during the portions of the meeting provided in the transcript excerpt.