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19800415 Regular City Council Meeting - Minutes I I I I I MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL, HELD APRIL 15, 1980, IN THE COUNCIL CHAMBER OF THE CITY HALL, LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: MEMBERS ABSENT: Gonzales, Kaeser, McCormick, Ybarra, Malburg None The meeting was called to order by Mayor Malburg. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated April 15, 1980, advising that pursuant to Section 22932.5 of the Elections Code and Resolution No. 4712, Canvass of the Regular General Municipal Election was completed, submitting City Clerk's Certificate of Canvass, but that information received prior to and during the conduct of said election, that certain irregularities had occured, which could affect the final results of said election, was presented. Communication from Councilman Keith K. Kaeser, dated April 15, 1980, advising that as a result of information received from the City Clerk, it is his understanding that as many as eight people might not have been qualified to vote in the General Mun- icipal Election of April 8, 1980, requesting the City Council of the City of Vernon to consider evidence relating to the alleged voting irregularities prior to declaring the results of the election, was presented. Communication from David B. Brearley, City Attorney, dated April 15, 1980, dis- closing that certain facts had been transmitted to him regarding the General Municipal Election of April 8, 1980, requesting that he prepare a legal opinion describing the City Council's duties and options which the Council might consider in determining the outcome of said election, submitting his opinion, conclusion and points and authority in support thereof, was presented. Councilman Gonzales inquired whether he was allowed to participate in the de- liberation on the matter before the City Council. The City Attorney responded that is was his opinion that Mr. Gonzales was allowed to consider the issue presented, since there was no challenge submitted with regard to his election, and felt that there was no reason for the City Council to disqualify him. In order for the City Council to pursue the documents submitted, it was moved by Gonzales, seconded by Ybarra, that the City Council recess for an hour, until 3:05 o'clock, p.m. Motion carried. At 3:05 o'clock, p.m., the City Council reconvened, all members present at the previous session again being present. The Mayor declared that the recess would be extended another hour, until 4:05 o;clock, p.m. The City Council reconvened at 4:05 o'clock, p.m., all members present at the previous session, again being present. The Mayor as ked the members of the City Counc il whether they h ad any ques t ions to propound with respect to the matter before them. Councilman Gonzales requested the City Attorney to define !!domicile" and Hresidencell with respect to voting, The City Attorney gave his opinion on the definition of I!Residence" and "Domicilel! as set forth in Section 200, et seq., of the Election Code, 1980. The Mayor invited anyone present in the audience to address the City Council with respect to the matter under discussion. Mr. Spencer E. Hogan addressed the Council, stating that he objected to both Mr. Kaeser and Mr. Gonzales deliberating on the documents submitted to the City Council as it comprised a conflict of interest, and that the subtraction of votes from the candidates opposing the incumbents is impossible, as it is unknown how the five or eight individuals in question voted. Mr. Dana Reed, Attorney at Law, 612 South Flower Street, Los Angeles, California, 90017, was permitted to address the council. 418 I I I I I -2- 4/15/80 Mr. Reed stated that he was present as an interested observer, and that he did not represent anyone at this session, but was appearing as a private individual. He a11~qeg to the City Attorney's reference to Section 200 of the Election Code, and reque'sted the City Council, befor.e votin~h to' also read Section 202 of the E~ections Code. Councilman Kaeser asked the City Attorney if he, as a councilman, could participate in the questions at issue before the City Council, or if such would be considered a conflict of interest, on his part. The City Attorney responded that it was his opinion that there would be a conflict of interest in the case of Councilman Kaeser, and that he refrain from voting on any motion submitted in connection with the matters now under discussion. It was moved by McCormick, seconded by Ybarra, that the three communications pre- sented at the opening of this meeting, namely the City Administrator's letter, Council- man Kaeser's letter and the City Attorney's opinion and coclusion, be received and filed. Motion carried. Councilman Kaeser refrained from voting on this motion. It was moved by Ybarra, seconded by Gonzales, that all of the documents presented to the City Council with the aforementioned communications, comprising Exhibits 1, 2, 3, 4 and 5, evidentiary in nature, be received and filed as putative evidence. Motion carried. Councilman Kaeser abstained from voting on this motion. It was moved by Gonzales, seconded by Ybarra, that further hearing on the issue before the City Council, be deferred until the next regularly scheduled meeting of the City Council, May 6, 1980, at 3:00 o'clock, p.m. Motion carried. Councilman Kaeser abstained from voting on this motion. The City Attorney explained that under Section 37104 of the Government Code, the City Council is provided with subpoena power, and that certain individuals necessary to substantiate the allegations of irregularities complained of, be subpoenaed to testi fy with respect thereto, as well as the producti on Of certain documents; that an investigator be employed to assist in the presentation, gathering and submission of evidence on this issue, and to obtain the services of a court reporter to reduce the proceedings of the hearing to a written record. It was moved by Ybarra, seconded by Gonzales, that the City Attorney be authroized to subpoena the necessary individuals to testify in this proceeding, or produce certain records; to employ an investigator to assist therein, and to obtain the services of a certified court reporter to reduce the testimony adduced to a written record. Motion carried. Councilman Kaeser abstained from voting on this motion. The City Attorney announced that the composition of the City Council continues as it is presently constituted until a successor is installed, after determination of the election contest. The Mayor declared, at 4:40 o.clock, p.m, since there was no further request to discuss the issue in question, that the hearing was concluded at this time, and the council would proceed with other items before it. It was moved by Kaeser, seconded by Gonzales, that the minutes of the City Council Meeting held April 8, 1980, be approved as written and submitted. Motion carried. Summons and Complaint in the case of Southern Pacific Transportation Company, et al., vs. City of Vernon, et al, filed in the Superior Court, State of California, County of Sacramento, Case No. 282416, and Notice of Acknowledgment of Receipt, was presented. It was moved by McCormick, seconded by Gonzales, that Complaint Summons and' Notice of Acknowledgment of Receipt, in the above...entitled court and cause, be referred to the City Attorney, with instructions to transmit same to County Counsel for defense of this matter. Motion carried. 419 I I I I I -3- 4/15/80 Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dateq April 8, 1980, transmitting the Finance Committee minutes of the April 7, 1980 meeting, for approval and adoption of recommendations, was presented. It was moved by Kaeser, seconded by Ybarra, that the Finance Committee minutes of the April 7, 1980 meeting be approved and the recommendations contained therein be adopted. Motion carried. Communication from George F. Bass, Fire Chief, dated April 8, 1980, requesting Firefighter R. Garcia be reimbursed for course completed in Management Orientation and Fire Science Management at Rio Hondo College in the amount of $15.00, was presented. It was moved by Kaeser, seconded by Ybarra, that the request of George F. Bass be approved, and authority granted to issue warrant in the amount of $15.00 to R. Garcia. Motion carried. "Warrant Register No. 546" covering claims and demands presented during the period of April 1 - 15, 1980, which includes Demands Nos. 92921 to 93045 (both inclusive) excluding voided Demand No. 92963, drawn on the United California Bank, totaling $5,182,724.30 (Light and Power Warrants $5,134,667.89) Accounting Period April 1980, was examined and audited. It was moved by Ybarra, seconded by McCormick, that Warrant Register No. 546 be approved and payment authorized for Demands Nos. 92921 to 93045 (both inclusive) excluding voided Demand No. 92963, with no other exceptions. Motion carried. "Payroll Warrant Register No. 275" covering claims and demands presented during the period February 10 to March 8, 1980, which includes Demands Nos. 3017 to 3031 (both inclusive) drawn on the Crocker National Bank, totaling $462,198.07 (Accounting Period March 1980) was examined and audited. It was moved by Ybarra, seconded by McCormick that Payroll Warrant Register No. 275 be approved and payment authorized for Demands No. 3017 to 3031 (both inclusive) with no exceptions. Motion carried, Police Department Activity Log, April 1 - 15, 1980, was presented. It was moved by Ybarra, seconded by Kaeser, that the Police Department Activity Log, April 1 - 15, 1980 be received and filed. Motion carried. Health Department Activities Report for the month of March 1980, was presented. It was moved by Gonzales, seconded by Ybarra, that the Health Department Activities Report for the month of March 1980, be received and filed. Motion carried. Communi cati on from Bruce V . Mal kenhorst, Di rector of Fi nance, dated April 15, 1980, transmitting the Finance Committee minutes of the April 14, 1980 meeting, for approval of recommendations. It was moved by Gonzales, seconded by Kaeser, that the minutes of the April 14, 1980 Finance Committee meeting be approved and that the recommendations therein be adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator, dated April 15, 1980, transmitting the Personnel Committee minutes of the April 14, 1980 meeting for approval of recommendations, was presented. It was moved by Gonzales, seconded by Kaeser, that the minutes of the April 14, 1980 Personnel Committee meeting be approved and that the recommendations contained therein be adopted. Motion carried. The City Clerk announced that this was the time and place for opening of bids for Light and Power Surplus Sale, in accordance with Quotation No. 1148 of the Vernon Purchasing Department. It was moved by Ybarra, seconded by McCormick, that the City Clerk be instructed to open and read the bids submitted. Motion carried. The City Clerk opened and read the following bid: Rosen Electrical Equipment Co. $3,369.00 It was moved by McCormick, seconded by Ybarra, that the bid received for Light and Power Surplus Sale be referred to the Purchasing Agent for recapitulation, report and recommendation. Motion carried. 420 I I I I I -4- 4/15/80 The Director of Public Works reported that the work of street resurfacing on 26th Street, between Santa Fe Avenue and Alameda Street has been completed. He also reported that he has received three consent forms back from industry in Vernon regarding the removal of grafitti. At this time, 4:55 o'clock, p.m., it was moved by McCormick, seconded by Gonzales, that the City Council go into executive session under Attorney/Client privilege. Motion carried. All persons with the exception of the City Administrator/City Clerk, the City Attorney and Lewis R. Adams, Water Department, were excluded from the executive session. Mayor Malburg ordered that all communication to and from the executive session were deemed private. The Mayor declared a recess until 5:20 o'clock, p.m. At this time, 5:20 o'clock, p.m., the City Council reconvened in executive session, the same members being present as at the time of the recess. At this time, 5:40 o'clock, p.m., it was moved by McCormick, seconded by Ybarra, that the City Council go out of executive session and resume regular session. Motion carried. It was moved by Ybarra, seconded by Gonzales, that pursuant to Section 37104 of the California Code, subpoenas be issued and served on Arthur E. Silvas, William H. Clare, Jr., Lewis R. Adams, Janice Madison, Edward L. Saenz, Jr., Edward Gonzales, Edward L. Saenz, Sr., Margarett J. Colbeth, Luis A. Espinoza, John R. Kriste, Victor H. Vaits, Richard W. Hilton, Lois Hilton, Lewis Rosenkrantz and Juan Elizzarras; and that subpoenas duces tecum be issued and served on Ronald L. Hedlund, Deanne H. Hedlund, Marjorie S. Garcia, Carlton E. Claunch, Jo Ann Fay Waller, Spencer E. Hogan, Philip S. Reavis, Dolores Alva and Michael L. Colbeth, in the matter of the canvass of the election and declaration of result and determination of voting irregularities in the April 8, 1980 General Municipal Election. Motion carried. Councilman Kaeser abstained from voting on this motion. It was moved by Kaeser, seconded by Ybarra, that Sergi 0 Camacho, Pol iceman I, Grade 5, be terminated from employment with the City, effective April 16, 1980, Motion carried. There being no further business to come before the City Council, it was moved by McCormick, seconded by Ybarra, that the meeting adjourn. Motion carried. '--..:"'?"'A--? ',,, "./7 ~--:l..A ~ ., ,"/ ) -:,;";:"'i:-'~' ",ZC-.:z..-/Z/; ~~?'2;"C.-c/?~ __ . \, LEONIS C. MALBU~G, Mayor ATTEST: tfMA4~ d/ ~ BRUCE V. MALKENHORST, City Administrator/ City Clerk 4:2:1