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19800523 Regular City Council Meeting - Minutes I I MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL, HELD MAY 23, 1980, AT 10:00 O'CLOCK, A,M" IN THE COUNCIL CHAMBER OF THE CITY HALL, LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: MEMBERS ABSENT: Gonzales, Kaeser~ Ybarra, Malburg McCormick The meeting was called to order by Mayor Malburg, The Mayor announced that this was the time "and the place for the continued Public Hearing with respect to voting irregularities in the General Municipal Election of April 8, 1980. At this time Councilman Keith K, Kaeser stated that he would excuse himself from participation in the public hearing. It was~rdered by the Mayor that the record reflect that Councilman Kaeser withdraw from the Council table., The City Attorney reported that the Superior Court had dissolved the Temporary Restraining Order, which in effect allows the City Council to go forward with its public hearing, and that the court also granted the City1s request for a pre- liminary injunction restraining Mr. Reavis and Mr. Hogan from proceeding in a court until the City Council has reached a decision on the outcome of the deliberations with respect to the April 8, 1980 election. StephaDie Chao was present as a Certified Shorthand Reporter and all proceedings were taken verbatim to be reduced to a transcript. The Mayor then asked the City Attorney to proceed. The City Attorney presented his communication dated May 23, 1980 regarding the hearing to determine the outcome of the General Municipal Election held on April 8, 1980, wherein he detailed which witnesses should be excused, those making declarations which should appear before this hearing today, plus those witnesses whose testimony is not necessary unless other testimony is presented which would contadict what are otherwise non-controversial facts. (See Exhibit No. 48). Mr. Terry OIRourke requested to be heard and stated that he was the attorney for Mr. Hogan and Mr. Reavis, and requested Mayor Malburg and Councilman Gonzales to disqualify themselves as their interest in manifest and requested a ruling on the request. The City Attorney stated that he would submit into the record a copy of the Preliminary Injuncti on signed by Judge Dell in Superior Court, and other descri bed documents (See Exhibits No. 54, 55 and 56). It was moved by Ybarra, seconded by Gonzales, that the request of Mr. OIRourke that Mayor Malburg and Councilman Gonzales disqualify themselves, be denied. Motion carried. ' Mr. OIRourke stated that he was putting the Council on notice that he would appear in Superior Court, Department 85, at two thirty, p.m., to seek a restraining order to enjoin the City Council from holding any hearing concerning the election contests arising from the April 8, 1980 General Municipal Election. Mr. OIRourke then left the Council Chamber. At this time 10:28 olclock, a;m., the City Council took a recess to evaluate certain matters presented to it. At 10:45 olclock, a.m., the City Council reconvened, all members present at the previous session aga~n being present, After examining the record and declarations presented to the City Council~ it was moved by Ybarra, seconded by Gonzales that the communication of the City Attorney dated May 23, 1980, with regard to the presentation of evidence and production of documents in conformance with council motions adopted April 15~ and May 6, 1980, be received and filed. Motion carried. 432 -2- 5/23/80 It was moved by Ybarra, seconded by Gonzales, that subpoenaed witnesses Tod J. Brown, Rose M. Brown~ Scott C. Brown, Stephen M. Addison'and Marilyn S. Addison, be excused from appearing at this public hearing. Motion carried. It was moved by Gonzales, seconded by Ybarra, that subpoenaed witnesses Juan Elizarraras, Lois Hilton, Richard W. Hilton, John R, Driste, LuisA. Espinoza, Edward L. Saenz, Sr., Edward L. Saenz, Jr~~ Edward Gonzales, Rol F, Cordary, Eugene W. Fickes and Edith F. Fickes, be excused, since they had submitted declarations. Motion carried. It was moved by Ybarra, seconded by Gonzales, that subpoenaed witness Lewis S. Rosenkrantz, Victor V, Vaits and Lewis R, Adams, be excused, as their testimony is not necessary at this time, and to keep them under subpoena in case their testimony becomes necessary, Motion carried, I It was moved by Gonzales, seconded by Ybarra, that the following documents be received as evidence, Motion carried, EXHIBlT NO, No, 48 No, 49 No~ 50 No, 51 No, 52 No, 53 No, 54 City Attorney's communication dated May 23, regarding subpoenaed witnesses Declaration of Richard W. Hilton Declaration of John R. Kriste Declaration of Rol F. Cordary Declaration of Eugene W, Fickes Declaration of Lois Hilton Preliminary Injunction, City of Vernon vs, County of Los Angeles , et a 1. Letter, April 12, 1979, Department of Justice to Steven R. Pingel, re: Application for Leave to Sue in Quo Warranto Letter,L,A, District AttorneY~dated June 7, 1979 with attachedReporter~s Transcript No, 55 No, 56 The City Attorney announced that at this time he was prepared to present oral testimony to the City Council with regard to the matter before it, and call ed the first witness, Janice Madison, to the stand, Mr. Reavis requested that the City Council recess until another attorney arrives, in the absence of Mr, O'Rourke, I It was ordered that the Public Hearing proceed, JANICE MADISON was sworn and proceeded to give testimony, as set forth in the reporter.s transcript, Mr, John Redmond appeared and announced that he was standing in for Mr. O'Rourke representing Mr. Philip Reavis and stated that to proceed with the hearing would be an unfair process since Mr, O~Rourke was familiar with the facts of the matters to be heard; and that he (Mr~Redmond) had only heard about the hearing very generally from Mr. OIRourke over the telephone, and he requested that there be no further examination of the witness until Mr, OIRourke was present, It was moved by Gonzales, seconded by Ybarra~ that the request of Mr: Redmond be denied. Motion carried. Mr. Redmond requested a recess in order to consult with Janice Madison, The City Council then took a recess from 11:26 a.m., until 11:30 a,m, The CityCounci 1 reconvened, a 11 members present at the previ ous sess i on again being present. Mr. Redmond requested the opportunity to cross examine the witness, It was moved by Gonzales, seconded by Ybarra, that the request of Mr~\ Redmond be denied. Motion carried, The City Attorney then called Mr, Philip S, Reavis to testify, Mr, Redmond stated that it was his assumption that he could now participate to the extent of advising his client, to which the City Attorney stated he had no objection, Mr, Redmond stated that he would not adequately be able to protect his client's rights without knowing the extent of the matters to be covered. The City Attorney advised Mr. Redmond that Mr. Hogan had been provided with a copy of the document Mr. Redmond stated that Mr. O'Rourke would be back to represent Mr. Reavis, Mr, Redmond \"Ias overrul ed on hi s request to abate the proceedings until Mr, 0 'Rourke was present i 433 I I ~3- 5/23/80 PHILIP S. REAVIS was sworn and testified, as set forth in the reporter's transcript. The City Council then at 12:25 o'clock, p.m., took a recess until 12:35 o'clock, p.m. The City Council reconvened, the same members who were present at the previous session again being present. The following witnesses were called and were sworn, and asserted their rights under the First and the 5th Amendment to the Constitution. JOANN FAY WALLER MARGARET COLBETH DEANNE HEDLUND BYRT M. WALLER RONALD HEDLUND MARJORIE GARCIA The City Attorney asked that all witnesses, with the exception of Carlton Claunch and Michael Colbeth, be excused. It was moved by Gonzales, seconded by Ybarra, that all witnesses be excused, with the exception of Carlton Claunch and Michael Colbeth, Motion carried; The City Council then recessed until 1:15 o'clock, p,m., at which time all members present at the previous session were again present. It was moved by Ybarra, seconded by Gonzales, that the following documents be accepted as evidence. Motion carried. Nomination Paper ~ Carlton E, Claunch, March 7~ 1978 EXHIBIT NO. Municipal Election 57 Campaign Statement ~ Carlton E, Claunch, 21 Feb 78 thru 4 May 78 (March 7, 1978 Municipal Election 58 Philip S. Reavis - Nomination Paper - April 8. 1980 General Municipal Election 59 Campaign Statement, Philip S, Reavis (12/6/79 thru 12/31/79) April 8, 1980 Municipal Election 60 Statement of Economic Interests - Philip S. Reavis signed 1/21/80 61 Consolidated Campaign Statement, 1/1/80 thru 2/25/80 - Philip S. Reavis 62 Consolidated Campaign Statement, 2/26/80 thru 3/24/80 - Philip S. Reavis 63 City Council Minutes, April 24, 1979, page 2 (Ronald Hedlund) 64 Personnel Committee Minutes, July 2, 1979 (Ron Hedlund) 65 Resolution No, 4702 - Appointing Michael L~ Colbeth , as City Clerk 66 City Council Minutes, April 15, 1980 67 CARLTON E, CLAUNCH was called as a witness, and upon being duly sworn, elected to assert his rights under the First and Fifth Amendment of the Constitution, Homeowner Exemption, property of Ronald Hedlund~ La Habra Complaint for Injunctive Relief, Case No, C253368 Testimony of Margarett Colbeth before grand jury~ Dec" 1978 Declaration of Albert B, Mervish Excerps from Deposition of Spencer E, Hogan Medical Record, Joann Fay Waller, La Habra Comm, Hospital Release signed by Carlton Claunch First Amended Petition for Peremptory Writ~ Case #C296325 Letter 4/6/79 to Ron Hedlund from City Clerk Letter dated 6/14/79 to City Council from Ronald Hedlund, re: Reinstatement Excerps from Deposition of Marjorie Garcia date 8/17/79 Case No. 7902988 MRP (GX) Deposition of Carlton Claunch of 10/3/79, Case #5177N Deposition of Philip Reavis, Case No, 51777N Letter dated 5/22 from Mr, Vaits re:Industrial Medical Clinic Letter dated 5/1/80 from Messrs, Hogan and Reavis to City Counci 1 Certified Copy of vehicle registration/ Marjorie Garcia Certified Copy of vehicle registration/ Mr, & Mrs. Hogan Certified Copy of vehicle registration of Mr, Hogan 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 434 435 -4- 5/23/80 Certified copy of vehicle registration of Mr. Hogan Driver record information of Mr. Hogan Driver record information of Mr, Hogan Driver record information of Mr~ Claunch Driver record information of Michael Colbeth No, 86 87 88 89 90 It was moved by Ybarra, seconded by Gonzales, that the exhibits numbered 68 thru 90 be received in evidence, Motion carried, The City then at 1:38 o'clock, p,m" recessed until 1:40 o"clock, p,m, When the City Council reconvened, all members present at the previous session were againnpresent. I The fo 11 owi ng documents were presented as evi dence: . Record of Voter's registration - Marjorie S, Garcia Grant Deed to Spencer E. Hogan Affidavit of'Registration Jeanne D. Hogan Transcript, April 15, 1980, prepared by Albert B. Mervish Minutes of May 6,1980, Council Meeting No, 91 92 93 94 95 It was moved by Ybarra, seconded by Gonzales that the documents, No, 91 thru 95, be received and accepted in evidence, Motion carried. At this tim~, 2:45 o'clock, p.m" it was moved by Gonzales, seconded by Ybarra~ that the City Council recess for approximately an hour. Motion carried, The City Council reconvened at 3:45 o'clock, p.m" all members present at the previous session again being present. ~o~ The City Attorney notified the City Council that he was in receipt of verbal ~e0~~ information that Judge Pacht had issued a Tempor~ry Restr~ining Order~ in S~perior 0o~ ~0~~Court, Department 85, and recommended that the C,ty Counc,l cease del,berat,on on ee CO~~\~ this matter and continue the hearing until sometime next week in order to allow o 'h "\ suffici.ent time to renew the Court's action. .()~'. ~~ y >V~ ee ~ It was moved by Gonzales, seconded by Ybarra, that the Hearing portion of the meeting be adjourned and continued until five o'clock, p,m" Wednesday~ May 28~ 1980, Motion carried. At this time, 3:50 o'clock, p.m" it was moved by Ybarra~' seconded by Gonzales, that the City Council go into executive session under Attorney/Client privilege. Motion carried. Councilman Kaeser was excused from attendance at this executive session. I All persons with the exception of the City Administrator/City Clerk and the City Attorney were excluded from the executive session. Mayor Malburg ordered that all communications to and from the executive session were deemed private, At this time, 4:25 o'clock, p,m" it was moved by Ybarra, seconded by Gonzales~ that the City Council go out of executive session and resume regular session, Motion carried, There being no further business to come before the City Council, it was moved by Ybarra, seconded by Gonzales, that the meeting be adjourned until ~1ay 28, 1980, at five o'clock, p.m, Motion carried, ,---~~7/- t'd..'~~;Y?;/:4c.t1-U.'Z2V.J LEON IS c, MALBURG( Mayor if ATTEST: ~(Q~ BRUCE V. MALKENHORST', City Administrator/ City Clerk ORDER OF ADJOURNMENT OF MEETING OF THE CITY COUNCIL OF THE CITY OF VERNON I I hereby certify that a regular meeting of the City Council of the City of Vernon, held Friday, May 23, 1980, in the Council Chamber of the City Hall, located at 4305 Santa Fe Avenue, Vernon, California, was adjourned by Order of the City Council (quorum present) until Wednesday, May 28, 1980 at 5:00 o'clock, p. m. in the Council Chamber of the City Hall, located at 4305 Santa Fe Avenue, Vernon, California. ~~#~~ ~ --T .. BRUCE V. MALKENHORST City Administrator/City Clerk I ~,.