19800528 Regular City Council Meeting - Minutes
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MINUTES OF AN ADJOURNED REGULAR MEETING
OF THE CITY COUNCIL HELD MAY 28~ 1980,
AT FIVE O~CLOCK, P ,M,I, 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 Albert B. Mervish, dated May 28, 1980, requesting permission
to lease a city-owned one-bedroom apartment, when one becomes availab1e~was
presented.
It was moved by Kaeser, seconded by Ybarra, that the request be received and
filed. Motion carried.
Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated
May 28, 1980, advising that Connecticut General Life Insurance Company, by letter
of May 13, 1980, had submitted a 15,0% rate adjustment for City of Vernon Employees
comprehensive medical coverage and medicare supplement as of June 1, 1980, guran-
teed for a full year, was presented:
It was moved by Gonzales, seconded by Ybarra. that the recommendation of the
City Administrator that the rate adjustment submitted by Connecticut General be ap-
proved. Motion carried.
Five Cities Police Consolidation Feasibility Study, May 1980, prepared by
John P. Kenney, Gary Adams and Jerry Vito, for the cities of Bell, Bell Gardens,
Cudahy, Commerce and Vernon, was presented,
The City Administrator advised of some corrections to the study, on page 31,
and reported that on the 10th of June, 1980, the five City Administrators and three
Police Chiefs will meet in Vernon to discuss the final cost sharing of the proposed
program.
It was moved by McCormick, seconded by Ybarra~ that the study be received
and filed, and the City Administrator be instructed to report further developments
to the Council after the next meeting of the Cities. Motion carried.
Communication from Dana ~J. Reed, dated May 28J 1980, regarding service of
petition for alternative Writ of Mandate of Points and Authorities in support
thereof, and an Alternative Writ and Order Directing Issuance in Hogan vs, -City
of Vernon, et a1., Los Angeles Superior Court Case No, C323919, was presented,
The City Attorney advised the City Council with respect to the Order to Show
cause regarding the Preliminary Injunction and Restraining Order in Superior Court
Case C321525 and the Pleadings filed in Superior Court Case C323919, as follows:
I received service of the Order to Show Cause regarding the preliminary
injunction and restraining order in case numbered C321525 on Friday, May 23, 1980,
which restrains the council "From holding any hearing concerning the Election
Contest arising from the April 8, 1980 Vernon General Municipal Election, or of
continuing the hearing on the same",
It would be my opinion at this time, that it would be inadvisable for the
Council to go into a hearing on the matter of the canvass of the election and
declaration of the results and determination of the voting irregularities in the
April 8, 1980, General Municipal Election. That doesn't mean that I would con-
cede that the restraining order clearly covers other hearings~ but to be on the
safe side, I don't think it would be advisable to adjourn to a hearing.
The Nestraining order is limited in its literal meaning to enjoining the
holding of hearings in the election contest, It does not enjoin or restrain
the council from any other activities - - meerly from holding hearings, Generally
hearings are for the purpose of taking evidence, Actually, on Friday, at
approximately one o'clock, the council ceased taking evidence. At the time the
restraining order was served on me, the council had been in deliberation for
approximately two hours.
436
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5/28/80
If you wish to make a decision~ you can make a decisfon~ It appears that the
restraining order doesn~t prohibtt t~at activity, Any court holdtng the restraining
order doesn~t prohibit that activity. Any court holding to the contrary is remote~
That is my basic feeling of the temporary restraining order.
This afternoon, I received a copy of a petition for an alternate Writ of
Mandate, filed in the Superior Court, State of California, for the County of
Los Angeles, Case Number C323919. The petitioners in this case are the same
petitioners who sought and obtained a restraining order in Case NQ. C32125,
Friday, May 23, 1980, Said petitioners are asserting that the City Council has
not made a decision declaring the results of the Election. It appears that it
is their opinion that the restraining order in Case No. C321525 doesn't preclude you
from declaring the results of the election. They have made a verified petition
informing the court that the City Council has refused to declare the results
of the election. Additionally they are asking. the court to order you to declare
'the results of the Election, and specifically ordering you to declare that only
Spencer E, Hogan was elected,
It appears to me, the question of making a decision, or not~ is really within
you discretion, I cannot envision any court issuing a ruling restraining and, at the
same time, prohibiting you from making a decision, If you feel that you have the
evidence, and feel that you are in a position to make a decision, I think you can
made the decision.
It might be appropriate to go into executive session at this time and discuss the
merits of the petition for Writ of Mandate matter. You should be aware of that before
deciding to make a decision with respect to the Election.
At this time 5:30 o"clock, p.m., it was moved by Kaeser, seconded by Ybarra~
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 and the
City Attorney, were excluded from the executive session. Motion carried.
Mayor Malburg ordered that all communications to and from the executive session
were deemed private and confidential,
At this time, 6:15 o'clock, p.m., it was moved by Kaeser, seconded by Gonzales,
that the City Council go out of executive session and resume regular session.
r~otion carried.
Councilman Kaeser requested that he be excused from further attendance at
this session, The request was granted and Mr. Kaeser took a seat in the
audience portion of the Council Chamber,
It was moved by Ybarra, seconded by Gonzales, that the City Attorney be authorized
to file a writ of probation in the Appellate Court on behalf of the City of Vernon~
in Case #C321525 of the Superior Court, Motion carried.
The City Attorney indicated that he had considered the following four (4)
cases:
1,
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Gottlieb v. Superior Court (1959)
168 Cal, App, 20 309
Mattos v. Superior Court (1939)
30 Cal, App. 20 641
Brunter v. Superior Court (1942)
20 Cal. App. 20 202
Weber v. Superior Court (1945)
26 Cal, App. 20 144
which held that a temporary restraining order is strictly.construedand that the act
prohibited must be precisely described therein and therefore he stated that it was
his opinion that the temporary restraining order does not prohibit the City Council
from declaring the results of the General Municipal Election.
Councilman McCormick stated that he was not in attendance at the hearing of
May 23, 1980, to hear the testimony or see the exhibits that were presented, and
for that reason would abstain from voting on a motion to decide the outcome of the
election.
437
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5/28/80
It was moved by Ybarra, seconded by Malburg, that six (6) illegal votes were
cast in the General Municipal Election of April 8, 1980, specifically by Ronald L,
Hedlund, Deanne Hedlund, Marjorie S. Garcia, Michael L, Colbeth, Jo Ann Fay Waller
and Carlton E. Claunch, and that said votes be disqualified, Motion carried.
AYES: Ybarra, Malburg. Gonzales
NOES: None
ABSTAINED: McCormick
It was ordered that the record reflect that Councilman Kaeser did not participate
in the motion or voting thereon,
The City Attorney advised the City Council at. this point that they could modify
the canvass submitted to them by the City Administrator, in accordance with their
previous motion, and adopt a resolution declaring the results of the election,
Resolution No. 4725 - A Resolution of the City Council of the City of Vernon,
California, Reciting the Fact of the General Municipal Election held in Said City
on April 8, 1980, Declaring the Result Thereof and Such Other Matters as are
Provided by Law, was presented,
It was moved by Gonzales, seconded by Malburg, that Resolution No, 4725 be
approved and adopted. Motion carried~
AYES: Gonzales, Malburg, Ybarra
NOES: None
ABSTAINED: McCormick
The record reflects that Councilman Kaeser did not participate in this motion,
The election was held for the purpose of electing the following officers of
said City as required by the law relating to cities in the State of California,
to-wit:
Two (2) Members of the City Council of said City for the full term of
four (4) years.
The total number of votes cast in the City was sixty-eight (68), of which
six (6) being disqualified, and the number of precincts used in said election
was one (1).
The names of the persons voted for at said election for members of the City
Council of said City were as follows:
Spencer E, Hogan
Hilario Gonzales
Keith K. Kaeser
Philip S. Reavis
The votes cas t for the two (2) offi ces of City Counei 1 for the fu 11 term of
four (4) years in the entire City (Precinct #1) ~ were as follows:
Spencer E. Hogan
Hilario Gonzales
Kei th Kaeser
Philip S. Reavis
Disqualified
30
35
32
27
6
It was moved by Ybarra, seconded by McCormick, that the City Attorney be
authorized to defend the City of Vernon and the City Council Members in the action
initiated by Spencer E. Hogan and Philip S. Reavis, Petitioners vs. the City of
Vernon, etal., Superior Court Case No, C323919, Motion carried,
The record reflects that Councilman Kaeser did not participate in this motion,
It was moved by Ybarra, seconded by Gonzales, that the City Attorney be authorized
to institute an action in the Superior Court for Declaratory relief to determine
the voting qualifications of the eight individuals who voted in the April 8, 1980
General Municipal Election, who were subjects of the Investigation into the voting
irregularities during said election: Motion carried,
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5/28/80
The City Administrator/City Clerk issued Certificates of Election to
Hilario Gonzales and Keith K~' Kaeser and administered the Oath of Office
prescribed in the State Constitution, to the duly elected members of the
City Council,
There being no further business to come before the City Council, it was moved by
Ybarra, seconded by McCormick, that the meeting Be adjourned until Friday,
May 30, 1980, at 5:00, p,m, Motion carried,
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(LEONIS C, MALBURG, ayor
.......,
ATTEST:
BRUCE V, MALKENHORST, City Administratorl
City Clerk
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the City of Vernon, held _J1EDN-ESDAY ____,
MAy 28.1 1?.80
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ORDER OF ADJOURNMENT OF MEETING
---------- ---- -- -- -- ------ -- ------.-
OF THE CITY COUNCIL OF THE CITY OF VERNON
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ADJOURNED
I hereby certify that a regular/meeting of the City Council of
\ 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_--ERrn8Y______, ___tlt\Y3nL1980_____,
at -~5_~JIL_ o'clock P. m., in the Council Chamber of the City Hall,
located at 4305 Santa Fe Avenue, Vernon, California.
.~ E~Rl/~
d. BRUCE-V.-MALKENHORST---------
-781V; City Administrator ICity Clerk
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