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:
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Assistant Cit Clerk Susan Rush
Mayor Shelley Sanderson
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