CITY COUNCIL DIVIDED ON HERNANDEZ; LAWMAKER'S RESIGNATION REPORTEDLY URGED DURING TALKS WITH SOME PEERS.

Byline: Rick Orlov Daily News Staff Writer

When Los Angeles City Councilman Mike Hernandez returns to City Hall on Tuesday from treatment for cocaine use, he can expect his colleagues to be openly supportive - but privately cool.

Preparing for his return while awaiting arraignment for felony cocaine possession, Hernandez met with individual council members to apologize. Some say they told him that he should step down from his $93,000-a-year post to avoid controversy, which will be stimulated when a recall drive officially begins Monday.

``The people he's met with have been quite candid in discussing their concerns,'' said a council member, who asked not to be identified. ``They don't want to go through the whole media circus that his return represents.

``And a lot of members would feel relieved if he decided to resign. There's nothing the council can officially do to force it, but they could make life difficult for him.''

Hernandez's return will mark the first official duties he has undertaken since his Aug. 21 arrest in Pacoima on suspicion of possession of cocaine. The councilman has refused to be interviewed on his situation.

Since then, he has agreed to plead guilty Oct. 27 to one felony count with the understanding that the conviction would be erased if he successfully completes a court-supervised drug rehabilitation program that could last up to 36 months. Without that provision, he would be removed from office automatically.

Private meetings

Over the past two weeks, Hernandez has tried to meet with every council member and Mayor Richard Riordan to offer an apology and promise to work to re-establish himself as a council member.

Some council members say they do not plan to talk with Hernandez.

``A lot of the council believes he's coming back too soon,'' said one council aide, asking not to be identified. ``They are upset at the embarrassment he's brought to the council and are uncomfortable with having to deal with this whole situation. Several are looking at what options the council has in dealing with him.''

``A lot of people will wonder how he can do his job and still go through rehabilitation while he's under the pressure that drove him to this,'' said another official, also asking not to be identified. ``Everything he does will be watched closely to see if there is a return to the old Mike.''

Crippled leadership

While several officials note they appreciate his sincerity, they also voice private concerns over whether Hernandez can continue to represent his district, particularly since a recall drive is expected to be launched Monday.

Five of his colleagues will not be present when he is set to return Tuesday. They all insist that they had asked to be excused before Hernandez's arrest, and denied that it had anything to do with his return.

Councilwoman Rita Walters will be on vacation. Councilwomen Ruth Galanter and Laura Chick will be in Washington, D.C., on city business, and Councilman Mark Ridley-Thomas will be in Denver to meet with some National Football League owners. Councilman Richard Alarcon will leave the session early to attend a meeting of the South Coast Air Quality Management District.

A changed man

Galanter, who met with Hernandez in her office for more than an hour this week, said she was impressed with the changes she saw in her colleague.

``This is a changed human being,'' Galanter said. ``This is a man who has a cloud lifted off his shoulders. He can see now what the problems were and he's working very hard to be different. He said that he was responsible for what happened and that he's responsible for fixing it.

``Of course, there was an enormous disappointment that this occurred and (its impacting on) the image of the City Council, I would point out he's not the first one to have this problem. But he has managed to have all his personal problems without engaging in any questionable stuff of influencing votes or directing money elsewhere.''

Councilman Nate Holden, who also met with Hernandez, said he is willing to give Hernandez the opportunity to work things out.

``He wants to work harder and overcompensate for what he did,'' Holden said. ``I think he had more of an alcohol problem than a drug problem and he's got to go through the whole program. I told him he has to know where he's coming from, know where he wants to go and work like hell to get there.''

Holden said Hernandez told him he wants to begin speaking at high schools in his district to discuss what occurred to him and convince young people to stay away from drugs and alcohol.

Alarcon said he would not discuss his views on Hernandez until after he meets with him Monday.

``My position is, and the fundamental reality is, that the City Charter gives the voters the decision as to whether or not to accept (Hernandez),'' Alarcon said. ``I don't think the council has a great role to play in this and that's something we might want to change in the future. But, with regards to Mike Hernandez, the voters are the controlling influence.''

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Photo

Photo: Mike Hernandez

Plans to return Tuesday