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12-13-2005 - Special Meeting - MinutesMINUTES SPECIAL MEETING OF THE WEST COVINA CITY COUNCIL December 13, 2005 • Mayor Sanderson called to order the special meeting of the West Covina City Council at 4:47 p.m. in the City Manager's Conference Room at City Hall, 1444 W. Garvey Avenue, West Covina. ROLL CALL Mayor Sanderson, Mayor Pro Tem Herfert, Councilmember Hernandez, Lane, Touhey Others Present: Pasmant, Alvarez-Glasman PUBLIC COMMENT ON ITEMS ON THE AGENDA Rich McKee, commented on the parameters to conduct a closed session meeting and questioned whether the pending discussion met the criteria. CLOSED SESSION Mayor Sanderson commenced the closed session at 4:55 p.m. to discuss the following matters: CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Pursuant to Government Code & 54956.9(b)(2) One Case CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Pursuant to Government Code & 54956.9(b)(1) One Case OPEN SESSION Council recessed from closed session at 5:05 p.m. and reconvened in the Council Chambers, 1st Floor at 5:10 p.m. REPORTING OUT FROM CLOSED SESSION City Attorney Alvarez-Glasman reported the following: Prior to recessing into closed session, one item, Conference with Legal Council -Anticipated Litigation pursuant to Government Code Section 54956.9(b)(2) was announced for inclusion in the closed session discussion. City Council recessed into closed session for discussion on the one item with all members present. City Council received a briefing from legal counsel and there was discussion whether there were facts and circumstances, which would authorize the City Council to remain in closed session. Motion by Touhey and seconded by Herfert to not remain in closed session and bring the matter to open session. Motion carried 5-0. Conference with Legal Council -Anticipated Litigation pursuant to Government Code Section 54956.9(b)(1) was not discussed. PUBLIC COMMENTS ON ITEMS ON THE AGENDA Herb Redholtz, West Covina resident urged Council to reconsider the action of the previous council as this is premature. John Scheuplein, West Covina resident, hoped when this issue is resolved the City Council can leave past issues behind and move forward. Special Meeting — West Covina City Council December 13, 2005 City Attorney Alvarez-Glasman explained the procedures to for a motion to reconsider. at defined in the West Covina Municipal Code Section 2-44. CONSIDERATION OF RETAINER AGREEMENT FOR • LEGAL SERVICES City Attorney Alvarez-Glasman presented a brief background on the subject matter. Mr. Alvarez-Glasman stated the matter is the reconsideration of the retainer agreement for services,of Robert Corrado on behalf of Councilmember Roger Hernandez relative to legal proceedings currently being conducted by the Los Angeles District Attorney's office. Mr. Alvarez-Glasman also explained that the agreement in question is to retain legal counsel to provide defense, rather than an agreement in which a retainer was paid up front. Discussion ensued regarding the allegations against Councilmember Hernandez and whether any actions were taken in his official capacity as a Councilmember. Councilmember Hernandez stated the allegations are false, and the nature of the investigation is penal code 1090 which would allow him representation from the City. Mayor Pro Tern Herfert felt the issue of a legal services agreement was premature due to the fact that no formal charges had been filed. Councilmember Touhey and Lane concurred that an agreement is premature. Motion by Touhey and seconded by Herfert to rescind the action of the prior Council at the December 6, 2005 meeting, [to provide legal representation for Councilmember Hernandez], and to not approve the retainer agreement. Motion carried 4-0-1 with Councilmember Hernandez abstaining. ADJOURNMENT Motion by Herfert and seconded by Touhey to adjourn at 5:45 p.m. Motion carried 5-0. ATTEST: w��/I'"All i Assistant Cit Clerk Susan Rush Mayor Shelley Sanderson 2