By Shea Johnson Staff Writer
Posted Feb. 9, 2016 at 8:35 AMADELANTO — The High Desert Mavericks have sued the city, which met recently in mediation with team ownership in an attempt to resolve a dispute over use of the city-owned Stater Bros. Stadium that threatens to essentially evict the minor league baseball team, the Daily Press has learned.
The negotiations Thursday did not result in a final resolution, Adelanto City spokesman Michael Stevens said.
Talks come after Main Street California, LLC, filed a civil lawsuit Jan. 29, court records show, to compel the city to enter arbitration — a formal process that replaces a trial and where the arbitrator(s) can hand down a decision.
Team owners have said they desire to have an arbitrator enforce the lease they signed with the city in August 2012, adding that the city has been unwilling. The City Council voted unanimously to terminate the stadium agreement Jan. 13, saying the 3 1/2-year deal violated the state constitution, served no public purpose and was akin to a gift of public funds.
The city released a report later in January that showed Adelanto subsidized $1.8 million for the Mavericks since 2012.
Stevens acknowledged that the city also filed a civil complaint against the Mavericks' ownership, yet did not serve the complaint amid last week's mediation. He said that the city was "not prepared to make a statement regarding the mediation hearing at this point in time."
According to the lawsuit filed by the Mavericks, the city's legal counsel Julia Sylva rejected arbitration with the team during a telephone call Jan. 15. The suit also claims the civil complaint the city prepared was an unlawful detainer — a legal document necessary to evict a tenant.
"Indeed, the City has used the Team's attempts to resolve the conflict through alternative dispute resolution to stall any attempt by the Team to validate the agreement," the suit stated, "while simultaneously taking steps to formally evict the Team from the ballpark and related activities ..."
At the core of the clash between the two sides is the $1 annual lease the team pays for use of the stadium, but the team and even City Councilman Ed Camargo have said the deal also stipulated the team assume expensive ballpark maintenance responsibilities from the city.
The team and the city have disputed key arguments about which side had lapsed in upholding the agreement and which side owes the other money.
"Over the past several years, Main Street has spent significant sums to maintain and improve the Ballpark's playing field," the suit stated, "and has presided over several necessary capital improvements to the Ballpark, a number of which were the City's responsibility."
Yet the city estimated it has lost $1,810,282 in revenue over nearly a four-year period for rent, city staffing charges, cleaning fees, insurance, parking fees, utilities and miscellaneous costs including catering.
If a resolution isn't met before then, a status hearing in the civil lawsuit brought by the Mavericks is scheduled for Feb. 29.
The Mavericks are scheduled to begin the 2016 season on April 7.
Shea Johnson may be reached at 760-955-5368 or SJohnson@VVDailyPress.com. Follow him on Twitter at @DP_Shea.
http://www.desertdispatch.com/article/20160209/NEWS/160209917
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