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02-04-2000 - Special Meeting - Minutes• MINUTES SPECIAL MEETING OF THE WEST COVINA CITY COUNCIL AND WEST COVINA REDEVELOPMENT AGENCY FEBRUARY 4, 2000 The special meeting of the City Council and Redevelopment Agency was called to order by Mayor Kathy Howard at 4:18 p.m. in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. ROLL CALL City Council Mayor Howard, Mayor Pro Tem Melendez, Councilmembers Herfert, Touhey Absent: Councilmember Wong Redevelopment Agency_ Chairman Howard, Vice Chairman Melendez, Agency Members Herfert, Touhey Absent: Agency Member Wong Others Present: Hobbs, Fields, Buchanan, Martyn, Clark, Wills Mayor Howard announced that there would be no public broadcast and no tape of this meeting. Prepared Statement by Mayor Howard "I hereby request that the following statement be entered into the minutes of this meeting verbatim: I am present at this meeting in protest, without waiver, to inform those in attendance that this meeting is illegal and a blatant abuse, betrayal and misuse of the office entrusted to this council by the voters and citizens of West Covina. The actions of members of this council who are willing to go to any means to attain political or petty personal agendas is the conspicuous purpose of this meeting---------------- political retribution against those perceived to be disloyal or unwilling to participate with them in these agendas. I urge the members of this council to reflect on the ramifications this meeting will undoubtedly have on the reputation of our city and the confidence of its residents in their government... Please, adjourn this meeting before the scandal of this action results in irreputable damage." PUBLIC COMMENTS ON ITEMS ON THE AGENDA Mayor Howard called to the podium the following individuals who had submitted speaker cards: Shirley Hanson Shirley Hanson, West Covina, urged the Council to terminate the current City Attorney, noting her disapproval of the City Attorney's handling of the Moe the Chimp case. Roxanne Phillips Roxanne Phillips, West Covina, expressed her support in terminating the City Attorney, citing how the City Attorney Council Minutes of 2/4/00 I is Cookie Nance Francis Nelson Mary Ellen Kensel interfered with the City Prosecutor's court case against the St. James and LaDonna Davis (Moe the Chimp). Cookie Nance, 1236 W. Eckerman, expressed her support in terminating the City Attorney. Francis Nelson, 1049 E. Casad Avenue, profanely supported the City Attorney's termination. Mary Ellen Kensel, West Covina, spoke in favor of terminating the City Attorney and returning Moe the Chimp to the Davis's. At this point, a disruption occurred between two members of the audience and Mayor Howard directed Police Officers to remove them from the Chambers. Richard Jennings Richard Jennings, 1616 E. Greenville Drive, voiced his concern and distaste for this type of meeting. He urged the Council to get on a proper level of conducting the City's business. In addition, he warned Mayor Pro Tem Melendez of a recall if the City's/Agency's legal counsels were terminated. Royce Wilson Royce Wilson, 530 Montezuma Way, urged the Council/Agency to handle personnel matters properly. Lollie Bergman Lollie Bergman, West Covina, questioned the reason for calling this meeting when two members were to be out of town. She spoke in opposition to the termination of the City. Attorney, stating that Ms. Martyn has always put the City first, above and beyond her firm. Mayor Howard read a statement citing a violation of the Brown Act by the other members present. Betsy Martyn Betsy Martyn, City Attorney, spoke in defense of herself, noting that she had no problem with the Council terminating her, but felt that the citizens should know that she had done nothing wrong and worked only in the best interest of the city. Mayor Pro Tem Melendez Mayor Pro Tem Melendez read a statement expressing his dissatisfaction with Ms. Martyn's performance, noting inappropriate legal judgment on a number of issues. He expressed the need to confer with all Councilmembers before making critical decisions. Colleen Janssen Colleen Janssen, 224 N. Sunkist, urged Council to look at the City's relationships with independent contractors. She cited her treatment by some Councilmembers when she was working for the City under contract. Councilmember Touhey Councilmember Touhey spoke in favor of terminating the City Attorney and defended the method by which the meeting was called. Further discussion A lengthy discussion ensued regarding the legitimacy of the meeting, with Mayor Howard noting that she was not given 24 hour written notice of the meeting as required by the Brown Act. She also mentioned that those persons upon whom charges are alleged, must receive 24-hour written notice of the proposed closed session. smin02.04.00 2 Council Minutes of 2/4/00 11 • Motion Motion by Melendez and seconded by Herfert to adjourn the meeting to Monday, February 7, 2000 at 4 p.m. No vote was taken on this motion. RECESS Mayor Howard called a recess at 5:07 p.m. The meeting reconvened at 5:23 p.m. with all members present except Councilmember Wong. City Manager Hobbs City Manager Hobbs suggested that Council retain outside legal counsel to advise Council on handling this sensitive issue. Motion Motion by Touhey and seconded by Herfert to adjourn to closed session on Monday, February 7, 2000, at 6:00 p.m. No vote was taken on this motion. Mayor Howard Mayor Howard suggested seeking legal advice over the weekend. Motion Motion by Touhey and seconded by Herfert to adjourn the meeting at 5:40 p.m. with direction for the City Manager to contact Colin Lennard immediately for advice on preparing the proper legal notices for a closed session on personnel matters. Motion carried 3-1 with Mayor Howard vo ing no. M or Kat yn oward ATTEST. City Clerk Janet Berr smin02.04.00 3