02-08-2000 - Special Meeting - Minutes•
MINUTES
SPECIAL MEETING OF THE
WEST COVINA CITY COUNCIL
AND
WEST COVINA REDEVELOPMENT AGENCY
FEBRUARY 8, 2000
The special meeting of the City Council and Redevelopment Agency was called to order by Mayor Pro
Tem Melendez at 5:43 pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
City Manager Hobbs gave the invocation and Councilmember Touhey led the Pledge of Allegiance.
ROLL CALL City Council
Mayor Pro Tem Melendez, Councilmembers Herfert and Touhey
Absent: Mayor Howard, Councilmember Wong
Redevelopment Agency
Vice Chairman Melendez, Agency Members Herfert and Touhey
Absent: Chairman Howard, Agency Member Wong
Others Present: Hobbs, Berry, Lennard, Hatch, Wills, Schimanski, Keating, Fox,
Martyn, Clark
Prepared Statement by Mayor Howard
City Clerk read the following letter from Mayor Howard:
"I hereby request that the following statement be entered
into the minutes of the February 8, 2000 meeting:
I would like to go on record in opposition to this meeting,
the method used to call it and the subject thereof. If this Council is
to provide good government to the citizens we serve then it is vital
that we adhere to the processes that govern us, the Brown Act and
competitive bidding.
It is apparent to me from the information I have received
that members of this Council have once again violated the Brown
Act by acting outside the process having made a decision relative
to the individuals who will serve as our City Attorney and Rede-
velopment Attorney.
Both Mayor Pro Tem Richard Melendez and Councilmem-
ber Steve Herfert have revealed to individuals in this community
the name of the attorney they intend to retain ... Arnold Glassman.
There is no doubt that this Council has the right to decide
who will represent our City. They do not, however, have the right
to circumvent the process by making a decision prior to going out
to bid for these services.
This is neither good government nor the proper way to run
the business of the City of West Covina.
I urge the members to forestall their actions and place this
item on the Agenda of the next regular meeting, when all
Councilmembers will be present and able to participate in this
process.
I challenge the members of the Council to reaffirm their
commitment to good government and move forward with
preparing specifications and going out to competitive bidding for
these positions. Signed Kathy Howard"
Council Minutes of 2/8/00
PUBLIC COMMENT ON ITEMS ON THE AGENDA
Mayor Pro Tem Melendez called to the podium the following
individuals who had submitted speaker cards.
Shirley Hanson ShirleyrHanson (no address) spoke in favor of terminating the City
Attorney as she disapproved of the City Attorney taking action on
her own in relation to the Moe the Chimp court proceedings.
Cookie Nance Cookie Nance, 1236 W. Eckerman, favored terminating the City
Attorney as'well.
Dorothy Jennings Dorothy Jennings, 1312 Larkwood Street, disapproved of the
method being used by the Council in seeking the termination of the
two attorneys.
Robert Klenck Robert Klenck, 609 S. Magnolia Avenue, noted the issue isn't
about Moe the Chimp as stated by others, but to the termination of
current attorneys for the possible hiring of unreputable attorneys
and cited the Los Angeles Times expose on the proposed law firm.
He suggested that if the City Council actually terminate the Rede-
velopment Attorney's contract that they not replace him, but
disband the Redevelopment Agency.
Ray Ammentorp Ray Ammentorp, 1251 El. Larkwood, wondered why this process
has to be so quickly. It should be handled democratically instead.
He suggested that the City Council implement a policy in which
the City Council and other officials, such as the City Attorney, do
not get involved in financial arrangements among themselves.
Richard Jennings Richard Jennings, 1616 E. Greenville Drive, warned Mayor Pro
Tern Melendez that if the Council voted in favor of terminating
both attorneys and replacing them this evening, there would be no
alternatives left other than recall.
Jack Wilson Jack Wilson, 1214 W. Merced Avenue, wondered aloud if the
three Councilmembers had the courage and conviction to do what
is right for the City.
Norman Richman Norman Richman, 3432 Cortez Street, favored the termination of
the City Attorney based on his belief that the City Attorney should
have known about staff s blunder in seeking a bidder to change the
bid (in relation to Senior Meals at the Senior Center).
Royce Wilson Royce Wilson, 530 Montezuma Way, stated that it was apparent to
him when looking at the Agenda that Council minds were already
made up.
Frances Nelson Frances Nelson, 1049 E. Casad Avenue, supported the termination
of the City Attorney.
Steve Millard Steve Millard, Conlon Avenue, referred to the City Attorney's
declaration in which it stated that money had been given to Mayor
Pro Tern Melendez in his bid for Senator. That appeared illegal to
• him and wondered if the City Attorney had done anything else
illegal.
Gail Zauss Gail Zauss, 934 S. Donna Beth Avenue, objected to the manner is
which the Council was conducting the terminations.
Council Comments Councilmember Herfert asked if the City Attorney and the
Redevelopment Agency General Counsel were going to make
`A
Council Minutes of 2/8/00
comments. Deputy City Attorney Lennard stated that they have
agreed to wait until conclusion of closed session.
Councilmember Touhey made some clarifying comments about
the preparation and noticing of the evening's meeting.
Mayor Pro Tern Melendez stated that he is the swing vote on this
issue as he is on many issues. He rebutted the City Attorney's
declaration with his own prepared statement.
Councilmember Herfert stated that he has lost confidence in the
legal advice given to Council and the Agency.
CLOSED SESSION. Mayor Pro Tern Melendez entertained a motion to recess.
Motion by Touhey and seconded by Herfert to recess at
6:30 pm to a closed session in the City Manager's Conference
Room for the following matters:
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code 04957
Title: City Attorney
Redevelopment Agency General Counsel
PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
Pursuant to Government Code § 54957
Title: City Attorney
Redevelopment Agency General Counsel
CONSIDERATION OF PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code § 54957
Title: City Attorney
Redevelopment Agency General Counsel
The City Council reconvened in the City Hall Council Chambers at
7:45 pm with Howard and Wong absent.
Motions Motion by Herfert and seconded by Touhey to accept the resignation
of Tom Clark and the law firm of Stradling, Yocca, Carlson &
Rauth; and to accept the resignation of Betsy Marlyn and the law
firm of Rutan & Tucker; and to direct Deputy City Attorney Colin
Lennard to implement the resignation documents to be signed by all
appropriate individuals. Motion carried 3-0.
Motion by Herfert and seconded by Touhey to appoint Colin
Lennard of Fulbright & Jaworski as the interim City Attorney and
interim Redevelopment Agency Attorney for a period of forty-five
days. Councilmember Herfert noted that Mr. Lennard was not
interested in being considered for a long-term assignment. Motion
carried 3-0.
Motion by Touhey and seconded by Herfert to continue this meeting
to a closed session at 6:00 pm on Wednesday, February. 9, 2000 in
• the City Manager's Conference Room, if need be, to finalize the
documentation. Motion carried 3-0.
ADJOURNMENT Mayor Pro Tern Melendez adjourned the meeting at 7:47 pm to 6:00
pm on Feburary 9a' in the City Manager's Conference Room.
Council Minutes of 2/8/00
ayor hryn Howard
Attest:
City Clerk:Janet Berry
is
11