Loading...
HomeMy WebLinkAbout121701 CC MinutesMINUTES OF A SPECIAL MEETING OF THE TEMECULA CITY COUNCIL DECEMBER 17, 2001 CALL TO ORDER The City of Temecula City Council convened in Closed Session at 6:00 P.M., on December 17, 2001, in the Main Conference Room of Temecula City Hall, 43200 Business Park Drive, Temecula, California. The Open Session of the City Council meeting commenced at 7:00 P.M. in the City Council Chambers. ROLL CALL Present: Councilmembers: Naggar, Roberts, Pratt, Stone, and Mayor Comerchero. Absent: Councilmember: None. ALLEGIANCE The audience was led in the Flag salute by Councilman Naggar. PUBLIC COMMENTS No comments. COUNCIL REPORTS Commenting on the recently distributed 2002 Recycling and Litter Reduction Calendar, which was made-up of elementary-aged children's artwork, Councilman Pratt relayed that the drawings by the young people were superb. COUNCIL BUSINESS 1. Appointment of Mayor and Mayor Pro Tern RECOMMENDATION: 1.1 Entertain motions from the City Councilmembers to appoint the Mayor to preside until the end of calendar year 2002. 1.2 Entertain motions from the City Councilmembers to appoint the Mayor Pro- Tem, who will assume the duties of the Mayor in the Mayor's absence and hold this office untit the end of calendar year 2002. MOTION: Councilman Naggar moved to appoint Councilman Roberts as Mayor for the calendar year 2002. The motion was seconded by Councilman Stone and voice vote reflected unanimous approval, R:'uMinutes\121701 t MOTION: Councilman Roberts moved to appoint Councilman Stone as Mayor Pro Tem for the calendar year 2002. The motion was seconded by Councilman Comerchero and voice vote reflected approval with the exception of Councilman Naggar who voted no and Councilman Pratt who abstained. CITY MANAGER'S REPORT City Manager Nelson wished all a Happy Holiday Season. ClTY A'I-FORNEY'S REPORT With respect to the existing litigation of the Ross v. Stone matter, City Attorney Thorson noted that by a vote of three-to-two the City Council authorized the defense of Mr. Stone in the election contest entitled Ross v. Stone, Riverside County Superior Court, Case No. RIC 367738; advised that no votes were expressed by Councilmen Naggar and Pratt; relayed that the City Council authorized the defense under Government Code Section 36812.5 subject to reservation of rights, which essentially includes the following: 1 ) that the City will monitor the litigation to determine whether or not the grounds provided for defense under Government Code Section 36812.5 have continued to exist and whether there are grounds for withdrawal of the defense, 2) that in the event that the City withdraws the defense in indemnification the City will proceed to collect from Mr. Stone the attorney's fees and litigation expenses through the date of withdrawal, 3) that the City shall select at its sole discretion competent counsel to defend Mr. Stone in the election contest, shall control the litigation budget for the defense, 4) that Mr. Stone has a right to obtain counsel of his own choosing to participate in the defense with counsel chosen by the City, however the City shall not be responsible for payment of the additional attorney, and 5) in consenting to the terms, Councilman Stone recognizes that the terms of the defense are setforth in the letter, as so the opportunity to consult with counsel, and there are no other terms or conditions for the defense; and advised that Mr. Stone has accepted those terms and the City will proceed with the defense. ADJOURNMENT At 7:09 P.M., Mayor Comerchero formally adjourned the City Council meeting to Tuesday, January 8, 2002 at 7:00 P.M. in the City Council Chambers, 43200 Business Park Drive, Temecula, California. iATTEST: " Jeff Comerchero, Mayor R:\Minutes\121701 :2