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HomeMy WebLinkAbout1991 - MINUTES - 1/14/1991CITY OF PALM SPRINGS CITY COUNCIL MINUTES 329 JANUARY 14, 1991 An Adjourned Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Bono in the Large Conference Room, City Hall, 3200 Tahquitz-McCallum Way, on Monday, January 14, 1991, at 4 p.m. ROLL CALL: Present: Councilmembers Broich, Hodges, Neel and Mayor Bono Absent: Councilmember Murawski REPORT OF POSTING OF AGENDA: Agenda posted per Council policies on January 11, 1991. 1. PERSONNEL HEARING - JUAN AVILA Mayor stated that this was a continuation of the hearing of December 20, concerning appeal by Juan Avila from his layoff which became effective September 28, 1990; that at the prior meeting, the Assistant City Attorney concluded his presentation for the City of Palm Springs; and that the parties by written stipulation agreed upon the procedures to be followed in connection with the hearing, and said procedures were adopted by the City Council on December 20. The following persons were also present: Appellant, Juan Avila (and his translator) Attorney for Appellant, R.A. Bender Attorney for the City, William Wynder, Rutan & Tucker Note: Refer to full transcript of proceedings for opening(110- statements, swearing of witnesses, testimony and exhibits 006) entered; to be provided by Rutan & Tucker following the close of this matter. Mr. Bender gave his opening statement, and called the following witnesses, who were examined, cross-examined, re-examined and re -cross-examined. He also enter Exhibits A, B, C and D for identification: Nadine Fieger, Acting Personnel Director (previously sworn -in) John Avila, Mr. Avila's son, who was sworn -in by the City Clerk. Craig Toms, Parks Superintendent (previously sworn -in) Juan Avila, appellant, (as translated by Gilbert Rodriguez), and Gilbert Rodriguez were sworn -in by the City Clerk. During examination of the witnesses, two short recesses were called. The second recess was called aL 7:45 p.m., and upon reconvening at 8 p.m., Mr. Bender asked if the matter was a petition before the Council, to which, the Mayor stated that it was an appeal. Mr. Bender then stated that the appeal was being withdrawn. Upon question by Mr. Wynder whether the withdrawal meant that the appellant accepted the decision of the City Manager, Mr. Bender stated that there was nothing else left to accept; he also stated that the action was fully translated to Mr. Avila during the recess. There was no further business, and the Mayor declared the matter closed, and the meeting adjourned. r., J.U'DITH SUMICH -'�City Clerk