SPECIAL COUNCIL MEETING AGENDA
Eastvale City Hall Council Chambers
12363 Limonite Avenue, Suite 900, Eastvale, CA 91752
Special Council Meeting:
5:30 PM
Monday, October 14, 2024
City Councilmembers
Christian Dinco, Mayor
Michael McMinn, Mayor Pro Tem
Clint Lorimore, Councilmember
Todd Rigby, Councilmember
Jocelyn Yow, Councilmember
Mark Orme, City Manager
Erica Vega, City Attorney
Marc Donohue, Government Services Director/City Clerk
This Agenda contains a brief general descrip)on of each item to be considered. Except as otherwise provided by law, no ac)on or direc)on shall be taken on any item not appearing on the following Agenda. Unless legally privileged, all suppor)ng documents, including staff reports, and any wri)ngs or documents provided to a majority of the City Council a/er the pos)ng of this agenda are available for review at Eastvale City Hall, 12363 Limonite Avenue, Eastvale, CA 91752 or you may contact the City Clerk’s Office, at (951) 361-0900 Monday through Thursday from 7:30 a.m. to 5:30 p.m. and available online at www.eastvaleca.gov
.
Members of the public can observe the mee)ng by viewing the live-stream at www.eastvaleca.gov
and may provide public
comment by sending comments to the City Clerk's Office by email at [email protected]
. Staff will monitor emails to the
extent possible during the mee)ng and provide comments as possible. All comments will be made part of the record. Comments will then be read into the record, with a maximum allowance of 3 minutes per individual comment, subject to the Mayor’s discre)on to reduce )me on public comment. All comments should be a maximum of 500 words, which corresponds to approximately 3 minutes of speaking )me. If a comment is received before the agenda item is heard but before the close of the mee)ng, the comment will all be included as a part of the record of the meeting but will not be read into the record.
In compliance with the Americans with Disabili)es Act, if you need special assistance to par)cipate in this mee)ng, you should contact the City Clerk’s Office at (951) 361-0900.
Regular mee)ngs are recorded and made available on the City’s website at www.eastvaleca.gov
. Mee)ng recordings are uploaded
to the City’s website within 24 hours (unless otherwise noted) after the completion of the meeting. 1 1.
CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. CLOSED SESSION PUBLIC COMMENT
Any member of the public may address the Council on items within the Council’s subject maer jurisdicon, but which are not listed on this agenda during PUBLIC COMMENTS. However, no acon may be taken on maers that are not part of the posted agenda. We request comments made on the agenda be made at the me the item is considered and that comments be limited to three minutes per person with a maximum of six minutes (me may be donated by one person). Please address your comments to the Council and do not engaged in dialogue with individual Council Members, City staff, or members of the audience. Blue speaker forms are available at the front table to the entrance of Council Chambers.
5. CLOSED SESSION ITEM(S)
5.1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section 54956.8) Property: Lots 14, 3, 5 and J, and a portion of Lot 2 of Tentative Tract Map 38290 approved by the City Council on May 11, 2022 Agency negotiator: Gustavo Gonzalez, Community Development Director Negotiating parties: Arroyo Cap III-2, LLC Under negotiation: Price and terms of payment
5.2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code sec. 54957(b) (1))Title: City Attorney
5.3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code sec. 54957(b) (1)) Title: City Manager
5.4. Conference with Legal Counsel - Anticipated Litigation (Gov't Code Sec. 54956.9(d) (2), (e)(5)) Number of cases: 1
Submitted by: Erica Vega, City Attorney
6. ADJOURNMENT
The next regular mee)ng of the Eastvale City Council is scheduled for Wednesday, October 23, at 6:30 p.m. at Eastvale City Hall Council Chambers, 12363 Limonite Avenue, Suite 900, Eastvale, CA 91752.
2 AFFIDAVIT OF POSTING
I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing Agenda was posted at the following locations: City Hall, 12363 Limonite Avenue, Suite 910 and website of the City of Eastvale (
www.eastvaleca.gov
,) not less than 24 hours prior to the meeting.
______________________________________________________
Marc A. Donohue, MMC
City Clerk
3 AGENDA STAFF REPORT
City Council Meeting
CLOSED SESSION ITEM(S)
Agenda Item No. 5.4
October 14, 2024
Conference with Legal Counsel - An.cipated Li.ga.on (Gov't Code Sec. 54956.9(d)(2), (e)(5)) Number of cases: 1
Prepared By:
Erica Vega, City Attorney
Recommended Action(s)
Not Applicable.
Summary
On Tuesday, September 3, 2024, the City Manager and Finance Director had a mee%ng with one of the investors in the Staybridge Suites project, Mr. Gagan Ba,a. In that mee%ng a threat of li%ga%on was made against the City related to the construc%on of the project, specifically around perceived
permi/ng process deficiencies and increased %me needed to construct, which resulted in significant increases in costs and delayed revenue receipts.
Background
The Brown Act permits the City Council to hold a closed session when "a point has been reached where, in the opinion of the legisla%ve body of the local agency on the advice of its legal counsel, based on exis%ng facts and circumstances, there is a significant exposure to li%ga%on against the local agency." When the "exis%ng facts and circumstances" that are the basis for the closed session include a verbal threat of li%ga%on made outside of a public mee%ng, the Brown Act requires that the person who received the threat to make a record of the threat prior to the closed session, and that record must be publicly available. In
Fowler v. City of Lafayee
(2019) 46 Cal.App.5th 360, the
Court of Appeal construed this requirement as meaning the record of the li%ga%on threat must be included in the publicly available agenda materials.
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
4 On Tuesday, September 3, 2024, the City Manager and Finance Director were informed by one of the investors in the Staybridge Suites project, Mr. Gagan Ba,a, that he has conferred with legal counsel on the poten%ality of filing legal ac%on against the City related to perceived unfair treatment through the development process and threated legal ac%on against the City. City staff was not provided any wri,en documenta%on, however, this verbal threat is enough to bring the matter into closed session discussion to gain direction on the matter.
The threat of li%ga%on related to the construc%on of the project, specifically around perceived permi/ng process deficiencies and increased %me needed to construct, which resulted in significant increases in costs and delayed revenue receipts.
Environmental
No environmental review is required.
Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
Not applicable.
Fiscal Impact
Unknown at this time.
Prior City Council/Commission Action
Not applicable.
Attachment(s)
Not Applicable.
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
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