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HomeMy WebLinkAboutCC Min 1970-07-27 7-27-70 :!.S66 Seal Beach, California July 27, 1970 The City Council of the City of Seal Beach, California met in regular adjourned session at 8:00 p.m. with Mayor Baum presiding. The meetingwwas called to order with the Pledge of Allegiance. ROLL CALL I Present: May,or Baum Councilmen Fuhrman, GUmmere, Hogard, Holden Absent: None ADJOURNMENT TO PLACE CERTAIN Mayor Baum entertained a motion to adjourn to McGaugh School Auditorium due to the capacity crowd. Fuhrman moved, second by Hogard, to adjourn to McGaugh School Auditorium at Seal Beach Boulevard and Bolsa Avenue. AYES: Baum, Fuhrman, Hogard NOES: Gummere', Holden Motion carried. 1 The City Council meeting adjourned to McGaugh School Auditorium at 8:05 p.m. The City Council meeting reconvened at 8:50 p.m. at McGaugh School Auditorium with Mayor Baum calling the meeting to order. APPROVAL OF MINUTES Hogard moved, second by Fuhrman, to approve the minutes of July 20, 1970, regular meeting as amended. AYES: Baum, Fuhrman, Gummere, Hogard, Holden NOES: None Motion carried. ORAL COMMUNICATIONS The Mayor stated that this was the time for oral communications. Councilman Holden directed a statement to the Mayor, presented a copy of this statement to the City Clerk with the direct~on that they be made a part of the minutes. The statement read as follows: I "Mr. Mayor: Before we get into this meeting, I have a few remarks I wou~d like to make. 7-27-70 .DV...\ , 11"'\, .\ "In our Council meeting last Monday, July 20, 1970, before any item on the agenda was considered, Mr. Fuhrman asked your permission to present three motions which were not on the agenda and you permitted him to do so. In my opinion, this was illegal due to the fact that the City Council of Seal Beach had unanimously approved the following motion: August 22, 1966 I It was moved by Gemmill and seconded by Gumrnere to close the agenda at 12:00 Noon on Thursday prior to regular adjourned meeting held on Mondays and that any matter not on the agenda will not be entertained by the Council without unanimous consent of the Council present. Unanimous Vote (Anderson, Gemmill, Hamilton, Dreis, Gummere) "If this motion is not binding on this Council, four years of precedent should get some consideration. I have talked this over ! with you, Mr. Mayor, and you do not agree and since to my knowledge neither of us had legal training, we shall leave that in sta~us quo. "In my opinion, there is no doubt but what it was unethical to I say the least. Also it was a cowardly way to present these matters as they could have been included in the agenda by Mr. Furhman's request or your order. "It was so patent that there was a conspiracy afoot for when Mr. Fuhrman asked to present his motions, there was no hesitancy on your part in granting his request. In other words, uo those of us who were not a party to this plan, it seemed as though all of the details had been agreed to before hand. "As to the motions presented: "1. Board and Commissions -- This motion in my opinion was rediculous. Apparently some members of some boards or commissions had failed to cow~owwto Mr. Fuhrman. These people have served unselfishly, some for years, for the good of the City and it I couldn't have been the pay that caused them to do it. 2. All of the newly elected Councilmen were asked to sit in on the budget sessions and not once did I hear Mr. Fuhrman, who was a member of that Council, or any of the newly elected Councilmen object to any item in the budget. Why all the fuss now? 7-27-70 1~~ ) , 3. An Executive Personnel Session -- 'Mr. Carnes warned us that if any action was taken it must be taken in open meeting and that anything which we did in there was to be confidential until such action was taken in open meeting. I went to the men's room on the way back to the Council Chambers so I was the last one in but on 1 my way through the audience I was told what was purported to have happened. I just said "Ohl" "I have given a copy of my remarks to the City Clerk and request that it be made a part of the minutes of this meeting." Harold K. Holden Mr. Paul Boisvert, 405 Opal Cove Way, presented a petition entitled ':Whereas Section 91i5 of the charter of the City of Seal Beach states: "Any person holding an office or employment in the competitive service shall not: (d) Seek signatures to any petition provided for by any law:", and whereas Seal Beach policeman, fireman, and 1 lifeguards have sought signatures to a petition to influence the decisions of City Council, be it resolved that: We, the undersigned protest this flagrant violation of the law and ask the City Council and City Manager to order them to cease and desist these and to , , enforce the Charter of Seal Beach Section 916 (f) "The violation of any provision of Sections 915 or 916 is ground for discharge of any officer or employee." Mr. Boisvert made further accusations against the City Manager and City employees. The above petition was not filed with the City Clerk. Mayor Baum referred to the petition just read and called for an executive personnel and legal session of the Council at 9:03 p.m. The Council reconvened at 9:50 p.m. with Mayor Baum calling the meeting to order. EXECUTIVE PERSONNEL AND LEGAL SESSION ACTIONS II The Mayor entertained a motion to appoint Jim Bentson as interim legal counsel. Hogard moved, second by Fuhrman, to appoint Jim Bentson as interim legal counsel. AYES: Baum, Fuhrman, Hogard NOES: Gummere, Holden Motion car,ried. 7-27-70 1~t The Mayor enterta~ned a motion for suspension of the City Manager and read the suspension as follows: "SUSPENSION "City employees, some in uniform and during working hours, have conducted improper political activities in campaigning to retain Mr. Risner in the office of City Manager by distributing hand bills and signs and supervisory city employees, some in uniform I and during working hours, have solicited signatures on political petitions from their subordinates. These activities appear to violate sections 915 and sectmons 916 of the Charter and could result in the discharge of the involved employees. "One of the duties of the City Manager, as the Personnel Officer of the City (Charter section 900), is to discipline and remove city employees (Charter section 604(c)). It seems highly unlikely that Mr. Risner can exercise impartial or unbiased judgement in imposing discipline upon city employees who mayehave violated the law in campaigning for Mr. Risner's own retention as City Manager. "It would appear desirable that pending the completion of all civil service disciplinary proceedings for these improper political activities, and for a period of sixty days, Mr. Risner I should be temporarily'relieved from his duties and suspended from the office of City Manager." Fuhrman moved, second by Hogard, to suspend the City Manager on the grounds as ~ead by the Mayor. AYES: Fuhrman, Baum, Hogard NOES: Gurnmere, Holden Motion carried. Mayor Baum entertained a motion for removal and dismissal of the City Manager and read as follows: "REMOVAL AND DISMISSAL "(1) Mr. Risner has not furnished fiscal year end financial reports of summary statements of receipts and disbursements by departments and funds or opening and closing fund balances in the city treasury to members of the City Council in violation I of Section 605 (b) of the Charter. 7-,f-70 M1 "(2) Mr. Risner has not prepared monthly financial reports or statements of receipts and disbursements in sufficient detail to show the financial condition of the city Of.0f~its departments, nor has he furnished such reports or statements to members of the City Council in violation of Section 605(e) of the Charter. 1 ":~3) 'Mr. Risner has not kept the City Council fully advised as to the financial condition and needs of the city both by not furnishing necessary financial data and by concealing, distorting and misrepresenting financial information and transactions to the City Council and to the citizens in violation of Section 604(g) of the Charter. "(4) Mr. Risner had abdicated his office and responsibilities as Financial Director of the city by attempt~ng to delegate and transfer the title and responsibility of that office to Denis Thomas without the approval, consent or direction of the City Council and in apparent violation of Section 605 of the Charter. "(5) Mr. Risner has not devoted his entire time to the duties of his office and the interests of the city in that he has frequently II absented himself from the city hall andtthetciuy in apparent pursuit of his own private or personal business in violation of Section 604 (n) of the Charter. "(6) Mr. Risner has permitted and allowed, and has himself participated in, secret private meetings of a majority of the members of the City Council at which city and public business was conducted and agreed to in advance in violation of California Government Code Section 11120 to 11130, inclusive. "(7) Mr. Risner has permitted and allowed classified city employees to engage in improper political activities in a campaign to retain himself in the office of city manager, and has failed to discipline such employees in violation of Sections 604(a),90l, II 915 and 916 of the Charter." Fuhrman moved, second by Hogard, to remove and dismiss the City Manager as read by the Mayor. AYES: Baum, Fuhrman, Hogard NOES: Gummere, Holden Motion carried. 7-27-70 ~:l1 ~ "~TJ.: I Mr. Baum moved, second by Fuhrman, that thehCity Attorney be removed from his office. AYES: Baum, Fuhrman, Hogard NOES: Gummere, Holden Motion carried. Mr. Baum moved, second by Hogard, to accept the interim City Attorney Jim Bentson. AYES: Baum, Fuhrman, Hogard I NOES: Gummere, Holden Motion carried. Baum moved, second by Hogard, that Dennis Courtemarche be appointed interim City Manager. AYES: Baum, Fuhrman, Hogard, Gummere, Holden NOES: None Motion carried. ORAL COMMUNICATIONS CONTINUED The City Clerk read two communications from persons unable to attend the Council meeting as requested. The first communication was from Imogene parko, 313 Central Avenue, Seal Beach, relative to re-routing of the bus line along Central Avenue. The second communication was from Ronald L. Bennett, 141 13th Street, Sea+ Beach, supporting the City Manager, Lee Risner, and department heads. Mr. Jim Bentson, Interim City Attorney, gave his legal opinion regarding his advice to Council allowing removal of the City Manager. Albert Del Guercio, a member of the Board of I Appeals, spoke against the action of the Council relative to the City Manager and the City Attorney. Mr. Saul Millstein, Catalina Avenue, Seal Beach, presented a petition of support and confidence in the Seal Beach City Manager Lee Risner, and filed same with the City Clerk. James Gavin ASS Surfside, spoke against the Council action regarding the City Manager and City Attorney. John B. Hamilton spoke against Council action above and directed his remarks to Mr. Fuhrman. Charles Almada, 405 Purdue recall petitions upon Conway J. FuhDman, Councilman, with a 1 Circle, Seal Beach, served a notice of intention to circulate certification of service and filed a copy with the City~Clerk. 7-27-70 1~., Fuhrman moved, second by Hogard, to close oral communications until agenda Council items had been dispensed with. They would be re-opened after item 10 of the agenda. AYES: Baum, Fuhrman, Hogard NOES: Gummere, Holden Motion carried. 1 COMMUNICATION - CENTRAL AVENUE BUS The communication with attachments from Mrs. Edwin C. Owen, 401 Central Avenue, co-signed by 44 residents, requesting that bus routes be relocated from Central Avenue was received by the Council for consideration. Gummere moved, second by Hogard, that the City Manager be requested to contact the bus lines to change the route to Marina Drive and Electric Avenue from Central Avenue. Discussion followed. Mrs. OWen, 401 Central Avenue, spoke at length on the subject. Millard Marks, 220 Central Avenue, Tom Barnes, 431 Central Avenue, Claude Kenner, 212 Central Avenue, william H. Taylor, 400 Central Avenue, Art West, ElectricaAvenue, concurred with Mrs. Owen's statements. Mr. Fuhrman moved, 1 second by Hogard, to amend the motion to include placing weight restrictions on Central Avenue. Discussion followed. Mr. Fuhrman withdrew his motion with consent of the second. The Council directed the City Engineer to study placing weight restrictions on Central Avenue and directed the City Attorney to give legal ruling relative to changing of the bus routes. Roll Call on the motion. AYES: Baum, Fuhrman, Gummere, Hogard, Holden NOES: None Motion carried. A communication from Millard Marks, 200 Central Avenue, regarding Central Avenue bus routes was incorporated in the above consideration. COMPLAINT - SEAL BEACH CAR WASH A communication from Mrs. Harry L. Schuck, 930 Coastline Drive, II submitting grievance relative to Seal Beach Car Wash was considered by the Council. Mrs. Schuck spoke at length on the subject. Mr. McQueen, owner of the Seal Beach Car Wash, spoke to the matter. There was Council discussion. The City Engineer gave information 7-27-70 1 ~ti l on variance granted. Mary Collier, 910 Coastline, spoke to the matter. The City Attorney was directed to look into this matter for solution equitable to all parties. Hogard moved, second by Gummere, to receive and file the communication from Mrs. Schuck. AYES: Baum, Fuhrman, Gummere, Hogard, Holden I NOES: None Motion carried. COMMUNICATION - PARKING RESTRICTION A communication from Jim Bentson, requesting one hour time parking restriction was received by the Council. Mr. Bentson stated that he had no further grievance. Hogard moved, second by Gummere, to receive and file the communication. AYES: Baum, Fuhrman, Gummere, Hogard, Holden NOES: None Motion carried. COMMUNICATION - PIER FISHING PLATFORMS The communication from the City Manager transmitting proposal of Frank Hale for construction of fishing platforms on pier and exterior remodeling of buildings on pierhead was received by 1 the Council. Fuhrman moved, second by Gummere, to approve the proposal as stated by the City Manager. Mr. West, Electric Avenue, Seal Beach, spoke against the proposal. Mr. Hale spoke for the proposal. AYES: Baum, Fuhrman, Gummere, Hogard, Holden NOES: None Motion carried. COMMUNITY EDUCATION COUNCIL - LOS ALAMITOS SCHOOL DISTRICT A communication from College Park Homeowners by T. I. McKnew, Jr., President, requesting appointment of a City, representative to the Community Education Council of the Los Alamitos School Distr~ct was received. Mr. McKnew spoke to the matter. Holden moved, second by Gummere, to appoint James Van Derhyden as the City's representative to the Community Education Council of the Los 1 Alamitos School District. AYES: Baum, Fuhrman, Gummere, Hogard, Holden NOES: None Motion carried. I I I 7-27-70 in~4 PLANNING COMMISSION RESOLUTION NO. 459 - UV-4-70 Planning Commission resolution approving Variance UV-4-70 for a drive through photographic supply and processing business on a service station site was received by Council. Holden moved, second by Gummere, to affirm Planning Commission Resolution No. 459. Mr. Baum spoke against the resolution. AYES: Holden, Gummere, Fuhrman NOES: Baum, Hogard Motion carried. REPORT - SEWAGE TREATMENT F~CILITIES The report of the City Manager on application for federal grant for sewage treatment facilities and possibilities of local financing was ordered held over by order of the Chair to be placed on the succeeding agenda. REPORT -,ASSESSED VALUATIONS The preliminary report of the City Manager on assessed valuations within the City of Seal Beach, County Assessor's Unequalized Roll, was received by the Council. Gummere moved, second by Hogard, to receive and file the report. AYES: Baum, Fuhrman, Gummere, Hogard, Holden NOES: None Motion carried. REPORT - AD HOC RAILROAD RIGHT OF WAY COMMITTEE Mr. Richard C. Smith, Chairman of the Ad Hoc P. E. Right of Way Committee, presented a majority report and a minority report to the Council for their consideration. It was the consensus of the Council that they would consider this item at their August meeting and that commendations be sent to the Ad Hoc Committee for their efforts. ORAL COMMUNICATIONS CONTINUED Larry Stone, 3920 Thunderbird, presented a minority report of the Ad Hoc Railroad Right of Way Committee and asked for consideration of the Council. The report was filed with the City Clerk. Mr. Floyd McCracken spoke to the item of recall. Mr. Bill Stearns, an employee of the Police Department, presented a testimonial of support and confidence for the City Manager and filed same with the City Clerk. John Stratford, City E~gineer, read a letter of support 7-27-70 1 ~!S~ I signed by the department heads of the City of Seal Beach and filed same with the City Clerk. Jim Sanders, Peace Officers' Association, presented a resolution of the Seal Beach Peace Officers' Association in support of the City Manager and filed same with the City Clerk. Beverly Casares, 420 Coastline, spoke in support of the City Manager. Jack Klempner, spoke relative to the auditorium quarters. Willard Morris, President, Surfside I. Colony, Ltd., presented a resolution of the Board of Directors of Surfs ide Colony, Ltd. supporting the City Manager, Mr. Lee Risner, his staff, and filed same with the City Clerk. The next person to speak was Richard Olshousen, Surfside, directed his question to Mr. Hogard, the Councilman representing his district regarding the procedure of this Council. Bill Jones, Yale Lane, Seal Beach, identified himself as the owner of Bay Hardware and as a member of the Building Authority Board and spoke for the past administration of the City. Frank Clinton, Seal Way, Seal Beach, directed his questions to the Council regarding the hearing on Marina Palace. Tom McKnew, 4748 Candleberry Avenue, spoke, against the action taken tonight by the Council on behalf of the College Park Homeowners' Association. I Edwin Owen, 401 Central Avenue, spoke about violations of the City Charter by City employees. Jim Clark, 4840 Ironwood, Seal Beach, member of the Civil Service Board, stated that he would not submit his resignation as requested by the Council and spoke in support of the past administration. John O'Sullivan, representing the Seal Beach Employees' Association, presented a statement of support for City Manager Lee Risner and filed same with the City Clerk. Gordon Shanks, 215 Surf Place, spoke in support of Council action this evening. David Sloan, College Park Drive, read a petition supporting City Manager Lee Risner and the administration. Mike Knapp, Chairman of the Planning Commission, addressed the Council stating he wou~d not I resign as requested and spoke against previous Council action relative to the administration. Frank Sales, 197 Harvard Lane, directed his remarks to Councilman Fuhrman, and stated his support of the recall of Mr. Fuhrman. Julie Dorr, 6th Street, Seal Beach, remarked about the previous statements. Barnie Jeffries, College Park East, a membe f r 0 t,,_ . . .~ BU1ld1ng Authority .1 7-27-70 1 ?ft~ I and the Ad Hoc Committee, spoke against previous Council action taken this night. Margaret Klein, 1211 Marlin, Seal Beach, spoke in support of the City Manager and the administration. James Francis, 637 Sandpiper, spoke in support of the City Manager and questioned Mr. Boisvert's petition as to the number of sig- natures thereon. Ed Mischell, Ocean Avenue, Seal Beach, spoke against action of the Council taken this evening. Ronald Roland, 124 Harvard Lane, spoke for unity of the people. Terry Barton, 3840 Sunflower Street, Seal Beach, stated he had been a member of the Civil Service Board and he was now a member of the Planning Commission, spoke against Council actions previously taken and resigned as a member of the Planning Commission. Robert Wolf, 210 Coastline, made a statement regarding the Council meeting. Tom Brady, 1607 Electric Avenue, spoke in support of Council action. Marilyn Millstein, Catalina Avenue, Seal Beach, directed a statement to the Mayor. Mayor Baum quoted Kipling and oral communications were ended. ADJOURNMENT II Gummere moved, second by Hogard, to adjourn the meeting at 1:10 a.m. I AYES: Baum, Hogard, Fuhrman, HOlden, Gummere NOES: None Motion carried. ~ 4 f7-' --z;c~L City and x-officio clerk of the Seal Beach City Council ATTEST: Approved: