HomeMy WebLinkAbout1997/12/13 - Minutes - Special December 13, 1997
CITY OF RANCHO CUCAMONGA
CITY COUNCIL MINUTES
Special Meeting
A. CALL TO ORDER
A special meeting of the Rancho Cucamonga City Council was held on Saturday, December 13, 1997, in the Council
Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was
called to order at 11:08 a.m. by Mayor Pro Tern Diane Williams.
Present were Councilmembers: Paul Biane, James Curatalo, Rex Gutierrez, and Mayor Pro Tem Diane Williams.
Also present were: Jack Lain, City Manager; James Markman, City Attorney; James C. Frost, City Treasurer; and Debra
J. Adams, City Clerk.
Absent was: Mayor William J. Alexander
B. COMMUNICATIONS FROM THE PUBLIC
No communication was made from the public.
C. CITY COUNCIL BUSINESS
1. CONSIDERATION OF A REOUEST TO APPROVE CONTRACT FOR A 2ND LEGAL OPINION REGARDING
GOVERNMENT CODE 1090. CONFLICT OF INTEREST PROVISIONS
Jack Lain, City Manager, stated in the Council's packet is a proposal regarding this which creates a maximum rate of
$150 per hour or a total of $1,500. The Attorney would like ten (10) working days to complete this project if the
Council approves this. He stated it would be paid from contract services.
Mayor Pro Tem Williams opened the meeting for public input. Addressing the City Council were:
James Frost, City Treasurer, pointed out that perception is everything and that there is baggage that goes along
with being a public official. He pointed out what might come from the 2nd opinion and would hope the
Council would discuss this. He felt this needed to be handled very delicately for the sake of the City.
Gary Kendrick did not agree the City should have to spend $1,500 because of something that is associated in
Mr. Gutierrez's personal life that is affecting his public life. He felt the City should go with Mr. Markman's
opinion only or Councilmember Gutierrez could resign. He felt if the Council goes with the second opinion,
Councilmember Gutierrez should pay for this from his campaign funds or he could pay for it out of his own
pocket.
There being no further response, the public hearing was closed.
Councilmember Curatalo stated he has 100% confidence in Mr. Markman and his opinion.
City Council Minutes
December 13, 1997
Page 2
Councilmember Biane stated he respected what Mr. Kendrick had to say. He felt there is a lot riding on this for
Councilmember Gutierrez and for the ten (10) days the second opinion will take, he would go along with it. He stated
he supported the expenditure.
Councilmember Gutierrez stated he did not consider this a major expenditure and was not sure if money was the issue.
He stated he will do whatever he can to protect the City, his customers and his family. He felt it was unwise not to get
a second opinion. He stated this is extremely complex and felt it was smart to cover all of the issues. He stated he needs
to know this for his peace of mind and hopes that the residents will understand this. He stated he feels he has earned
the $1,500 for the second opinion.
Mayor Pro Tem Williams stated perception is everything and agrees with Jim Frost. She did not want any perception
that there is anything but open-mindedness and felt that the second opinion would open up for more discussion. She
added she also has confidence in Jim Markman. She stated she is 100% in favor of keeping an open mind about this
and is in favor of getting the second opinion.
MOTION: Moved by Williams, seconded by Curatalo to approve the contract for the second legal opinion. Motion
carried unanimously 3-0-1-1 (Alexander absent, Gutierrez abstained).
D. ADJOURNMENT
Moved by Biane, seconded by Gutierrez to adjourn. Motion carried unanimously 4-0-1 (Alexander absent). The
meeting adjourned at 11:23 a.m.
Respectfully submitted,
City Clerk
Approved: January 7, 1998