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Speakers deliver cure-and-correct demand, allege Brown Act violations in National City rezoning decision
Summary
Speakers delivered a cure-and-correct letter alleging the council violated the Brown Act in a June 17 rezoning decision and warned of litigation if the council does not void the rejection and hold a new hearing; the city clerk said missing materials were due to an email file-size issue now remedied.
Speakers at National City's June 30 special council meeting delivered a cure-and-correct demand over the council's June 17 action on a rezoning request and alleged the council had relied on incomplete staff research and serial communications, violating the Brown Act.
Marissa Cuevas said she submitted a cure-and-correct letter to the clerk and urged the council to "void the motion to reject the request to down zone the property" in the Orange and Sweetwater neighborhood and to schedule an unbiased hearing. Cuevas said tomorrow was the 30th day and the last day to cure and correct; she warned that a lawsuit would follow if the council did not act.
Alexander Guthrie provided legal framing, citing the Brown Act and asserting that "serial meetings" by a majority of council members prevented an open discussion on rezoning. "Council has had 30 days to cure and correct this violation of the Brown Act," Guthrie said, and warned that if the council did not remedy the alleged violation the next step would be litigation and depositions.
Vice Mayor Bush and the dais asked whether public commenters were representing any parties for pay; the question about paid representation to Ms. Cuevas (and a related speaker identified as representing La Vista Memorial Cemetery) drew no substantive response in the public record.
Alicia Morrison said documents (crime statistics, photos, and an 832-word comment) submitted before the June 17 meeting had not been posted publicly as required under Section 54950 of the Brown Act and called for accountability. The City Clerk explained the office did not initially receive the email because the file size exceeded the system limit; IT has since extended the limit, and the submitted materials were posted on the city website.
The City Attorney read the closed-session agenda later in the meeting and reported out that existing- and anticipated-litigation items had been discussed; he reported mediation status for named cases but said there were no reportable actions on several litigation items. NEXT STEPS: The cure-and-correct letter sets a short remedy window; if the council does not cure and correct the alleged Brown Act violation the complainants said they will file suit.
