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,
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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
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