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HomeMy WebLinkAbout1971-10-11�I MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, October 11, 1971 Mayor McCracken called the regular adjourned meeting of the City Council of the City of Huntington Beach to order at 3:14 P.M. The Pledge of Allegiance was given by all present in the Council Chamber. ROLL CALL Councilmen Present: Shipley, Bartlett, Gibbs, Green, Coen, McCracken Matney - (arrived at 3:20 P.M. Councilmen Absent: None RECESS - EXECUTIVE SESSION Mayor McCracken called an Executive Session of the Council at 3:16 P.M. RECONVENE The meeting was reconvened at 5:00 P.M. by the Mayor. PUBLIC HEARING - CITY ADMINISTRATOR Mayor McCracken announced that this was the day and hour set for a public hearing for the purpose of allowing the City Council and the City Administrator to present to each other and to the public, all pertinent facts prior to the final action of removal of the City Admin- istrator on October 18, 1971, pursuant to Section 606 of the City Charter. The Mayor then announced that the hearing proceedings would be conduc- ted by Mr. Carl Pierson, Hearing Officer from the Office. of Administra- tive Procedures, State of California. The Hearing Officer informed the Council and the audience that he had been informed by Mr. Miller's Attorney, Edgar E. Scheck, prior to the hearing, that Mr. Miller would represent himself without benefit of an attorney. The Hearing Officer informed the Council and the audience that he had nothing to do with the decisions other than to conduct the hearing. The Hearing Officer then commenced the hearing, and directed Mr. McCormick to present any evidence that he might have in regard thereto. Mr. Pierson then asked for the appearance of the City. Mr. H. L. McCormick Jr., otherwise known as "Mike" McCormick, of the firm of Rutan and Tucker, introduced himself as legal counsel for the City Council of the City of Huntington Beach. The Hearing Officer called Mr. Doyle Miller to a seat adjacent to the Court Reporter, and Mr. Miller identified himself then informed the Hearing Officer that Mr. Scheck, who is Mr. Miller's attorney, had called and stated that Mr. Miller and Mr. Scheck had discuss(id the matter of having an attorney represent Mr. Miller at the hearing and that Mr. Miller and Mr. Scheck had decided that Mr. Miller would rep- resent himself at the hearing. Mr. Miller then agreed that that was t rue . The Hearing Officer then requested Mr. McCormick to present all doc- uments in his possession which would be entered into evidence in the hearing to bring the hearing up to the opening point. Mr. McCormick presented to the Hearing Officer a Memorandum of Points and Authorities of the City of Huntington Beach. The Hearing Officer stated that his documents would be marked Exhibit #1 for identifi- cation. Mr. McCormick informed the Hearing Officer that Mr. Miller had not received a copy of the Memorandum of Points and Authorities, and that he was handy him a copy at this time. 1 Page #2 - Council Minutes - 10/11/71 Mr. McCormick then offered a certified copy of the City Charter of the City of Huntington Beach, calling attention to the Sections start- ing with Section No. 600 and extending through Section No. 608, deal- ing with the functions and duties of the City Administrator; pointing out particular provisions of Section No. 600 stating that the City Administrator shall serve at the pleasure of the City Council, and calling attention to Section No. 606 covering procedures required for removal of the City Administrator. The Hearing officer ordered the certified copy of the City Charter admitted as Exhibit #2. Mr. McCormick then presented a copy of a Notice of Intent to Remove together with a Declaration of a Personal Service on Mr. Miller ce r- tified.by the City Clerk of the. -City of Huntington Beach. The Hearing.Officer ordered the Notice and Declaration to be entered as Exhibit #3. Mr. McCormick submitted a certified copy of a Notice of Suspension from Duty showing that it was effective at 5:00 P.M., September 14, 1971, and a certified Declaration of Personal Service on Mr. Miller. The Hearing Officer ordered this Notice and Declaration to be entered into evidence as Exhibit #4. Mr. McCormick entered as evidence a certified copy of a letter to the Mayor and City Council of the City of Huntington Beach which was deemed to be a request by Mr. Miller that he be furnished, as required in Section No. 606 of the City Charter, a written Notice stating the Council's intention to remove him and setting forth the reasons there- for. The Hearing Officer stated that the certified copy of the letter from Mr. Miller would be admitted into evidence as Exhibit #5. Mr. McCormick then submitted a certified copy of a Memorandum from Mr. Doyle Miller which was received by the City Clerk in his office at 2:34 P.M., on September 21, 1971, requesting under Charter Sec- tion No. 606, a public hearing before the City Council. The Hearing Officer ordered the Memorandum from Mr. Miller to be entered into evidence as Exhibit #6. Mr. McCormick then submitted a certified copy of an Affidavit of Publication of a legal notice published in the Huntington Beach News on September 30, 1971, setting a public hearing for Monday, October 11, 1971, at 5:00 P.M., in the Council Chamber of the Civic Center, Huntington Beach, California, the regular meeting place of the Council, for the purpose of allowing the City Council and the City Administrator to present to each other and to the public, all pertinent facts prior to the final action of removal of the City Administrator on October 18, 1971, pursuant to Section No. 606 of the City Charter. The Hearing Officer ordered the Affidavit of Publication be entered into evidence as Exhibit #7. Mr. McCormick then submitted a Declaration of Paul Jones stating: I, Paul Jones, do hereby declare and state that I am the City Clerk of the City of Huntington Beach; that I personally mailed to Mr. Doyle Miller a Notice of the date and place of a. public hearing r,-3 the discharge of Doyle Miller by placing said WAice in a sealed envelope with postage pre -paid, Certified Mail, return receipt requested in the United States Mail at Huntington Beach, California, addressed as follows: Mr. Doyle Miller 1021 Park Street. Huntington Beach, California 92648 That I am in receipt of the return request receipt duly signed by Mr. Doyle Miller acknowledging the receipt of said Notice, and Oc,: claring under penalty of perjury that the foregoing is true and cor— rect. 3 Page #3 - Council Minutes - 10/11f71 The Hearing Officer directed. that the declaration of Paul Jones be admitted into evidence as Exhibit #8. Mr. McCormick then offered into evidence a certified copy of a re- ceipt of Certified Mail showing receipt of a Notice of Public Hearing and signed by Mr. Doyle Miller. The Hearing Officer directed that the receipt for Certified Mail be entered into evidence as Exhibit #9. Mr. McCormick then submitted a Declaration of Paul Jones declaring and stating that he is the City Clerk of the City of Huntington Beach; that his records demonstrate that the City Council has established the regular meeting place of the City Council of the City of Huntington Beach as the Council Chambers, City Hall, located at 417 5th Street, Huntington Beach, California; that the next succeeding Municipal Election at which a member of the City Council will be elected is April, 1972; and that September 7, 1971, and October 18, 1971, are regular meeting dates of the City Council of the City of Huntington Beach, and declaring, under penalty of perjury, that the foregoing statement is true and correct. The Hearing Officer directed that the Declaration of Paul Jones be admitted into evidence as Exhibit #10. Mr. McCormick presented a certified copy of a portion of the Minutes of the meeting of October 19, 1964, showing that the meetings would be held in the Council Chamber in Memorial Hall; a certified copy of Article 102 - Section 1021 of the Huntington Beach Ordinance Code showing the designation of the City Hall; and a certified copy of Resolution No. 2594 of the City of Huntington Beach adopted July 3, 1967, setting the time for the regular meetings of the City Council. The Hearing Officer directed that the certified copy of the Minutes, Article of the Ordinance Code, and. Resolution No. 2594 be admitted into evidence as Exhibit #11. Mr. Me.Cormick submitted a Declaration of Councilman Jerry A. Matney stating that he is a City Councilman in the City of Huntington Beach and that he was present at the City Council meeting of September 7, 1971, and September 211, 1971, and that at these meetings he kept the Minutes of the Executive Sessions of the City Council held on those dates; that the City Council, by a five to two vote, decided on September 7, 1971, to serve a Notice of Intent to Remove as City Administrator on Doyle Miller, the City Administrator of the City of Huntington Beach, and that the effective date of Mr. Miller's removal will be October 18, 1971; and that the City Council by a five to two vote decided on September 7, 1971, to serve a Notice of Suspension as City Administrator on Doyle Miller, the City Administrator of the City of Huntington Beach, with the effective date of such suspension to be September 14, 1971; and that Mr. Homer L. McCormick, Jr., Attorney of the firm of Rutan and Tucker was employed on September 7, 1971, by unanimous vote of the City Council, as Special counsel for the City, to handle matters relating to the termination of Doyle Miller as City Administrator of the City of Huntington Beach. Also, that the City Council unanimously decided on September 23, 1971, to set a public hearing as provided for in the Huntington Beach Charter, relating to Mr. Miller's discharge, and that said public hearing was set for October 11, 1971, at 5:00 P.M. in the regular meeting place of the City Council of the City of Huntington Beach; and declared under penalty of perjury that the foregoing statement is true and correct. The Hearing Officer order d the Declaration of Jerry A. Matney entered into evidence as Exhibit #12. Mr. McCormick then submitted a letter dated October 5, 1971, written to Mr. Edgar E. Scheck, Attorney, 1617 Westcliff Drive, - Suite 200, Newport Beach, California, by himself as Attorney for the City of Huntington Beach, setting forth eight reasons which had been deter- mined by the City Council for Doule Miller's discharge. The Hearing Officer directed that the letter from Mr. McCormick to Mr. Edgar E. Scheck dated October 5, 1971, be entered into evidence as Exhibit #13 . 1371 Page #4 - Council Minutes - 10/11/71 Mr. McCormick submitted a Declaration of Mailing by Laeticia O'Halloran, an em loyee of the firm of Rutan and Tucker, Attorneys, whose address is 01 Civic Center Drive West, Santa Ana, California, stating that on October 5, 1971, she personally mailed a letter to Mr. Edgar E. Scheck, stating the reasons for Mr. Doyle Miller's discharge as City Administrator, by placing said letter in a sealed envelope with postage pre -paid, in the United States Post Office Box at Santa Ana, California, addressed as follows: Mr. Edgar E . Scheck Virtue and Scheck Attorney at Law 1617 Westeli.ff Drive Suite 200 Newport Beach, California 92660 and declaring under penalty of perjury that the foregoing statement is true and correct. The Hearing officer ordered the Declaration of Mailing by Laeticia O'Halloran entered into evidence as Exhibit #14. Mr. McCormick submitted a Declaration of Jerry A. Matney made on October 11, 1971, stating that he is a City Councilman of the City of Huntington Beach; that he was present at the City Council meeting on September 14, 1971; that Mr. Miller appeared at that Council meet- ing in the Executive Session and was given an opportunity to speak to the Council; that his appearance was after the service of the Notice of Intent to Remove and the Notice of Suspension which had been delivered to him at 4:55 P.M., by Homer L. McCormick, Jr. on that date; that at no time during that meeting, despite an oppor- tunity to speak, did Mr. Miller request the Council or any member thereof, or Mr. McCormick, to provide him with the reasons for his discharge; and declared under penalty of perjury that the foregoing is true and correct. The Hearing Officer -ordered the Declaration of Jerry A. Matney entered into evidence as Exhibit #15. Mr. McCormick presented into evidence a Declaration of Homer L. McCormick, Jr. stating that he is an attorney admitted to the prac- tice of Law in the State of California; that he was employed by the City Council of the City of Huntington Beach to negotiate with Mr. Doyle Miller for the purpose of mediating and negotiating prob- lems that have arisen between the City Council and the City Admin- istrator, Doyle Miller, relating to the discharge of Doyle Miller; that I was employed on September 7, 1971, for this purpose. That I commenced negotiations on September 8, 1971, and continued negotiations at various times to and including September 14, 1971; that at 4:55 P.M., on September 14, 1971, in the presence of Don P. Bonfa, City Attorney of the City of Huntington Beach, I person- ally served the original Notice of Intent to Remove upon Doyle Miller, City Administrator of the City of Huntington Beach, in the Adminis- trator's Office in Huntington Beach, California.. That at 4:55 P.M. on September 14, 1971, in the presence of Don ?. Bonfa, City Attorney of the City of Huntington Beach, I personally served the original Notice of Suspension on Doyle Miller in the City Administrator's Office in Huntington Beach, California. That at no time during negotiations with Mr. Miller between September 7 and September 14, 1971, did Mr. Miller ever request that the reasons for his removal be given to him. That I attended por- tions of the City Council meeting held on Septi amber 14, 1971; that I also attended the Executive Session relative to the Miller ma{,ter on that evening; that at the end of the Executive Session, Mr. r.ille r was called into the meeting before the City Council and given t}_e opportunity to speak to the City Council; that Mr. Miller did nct at that time, request that any reasons from the Council or me bf. given him relating to his discharge as City Administrator; Page #5 - Council Minutes - 10/11/71 That between September 14, 1971, and to and including September 21, 1971, 1 spoke to Mr. Edgar Scheck, Attorney for Mr. Miller, on several occasions and Mr. Scheck did not at any time request that he be given the specific reasons for Mr. Miller's discharge; that the first no- tice given to me or to the City Council of Mr. Miller's request for reasons for his discharge was Mr. Miller's notice filed with the City Clerk at 2:34 P.M. on September 21, 1971. That I personally transmitted to Mr. Miller through his attorney, Mr. Scheck, the reasons for his discharge, by letter dated October 5 1971; that until October 5, 1971, other than the written request filed with the Clerk by Mr. Miller, no request was even made during any negotiations by Mr. Miller or his attorney, Mr. Scheck, for the specific reasons relating to his discharge. There were discussions during this period of time, however, between the undersigned, Mr. Scheck, and Mr. Miller, relating to reasons that might be acceptable to Mr. Miller; however, neither Mr. Miller nor Mr. Scheck specifically asked for the reasons which had been determined by the Council to bE the basis for Mr. Miller's discharge; and that he declares under pen- alty of perjury that the foregoing is true and correct. The Hearing Officer directed that the Declaration of Homer L. McCormick, Jr. be entered into evidence as Exhibit #16. Mr. McCormick informed the Hearing Officer that the foregoing was all the City had to present at this time. The Hearing Officer asked Mr. McCormick if it was his intention that the Affidavits and certified documents submitted be sufficient as direct evidence without laying further foundation. Mr. McCormick stated that they would have each of these persons who have made these declarations and. affidavits under oath personally tes- tify into those matters if it is desired by Mr. Miller, The Hearing Officer informed. Mr. Miller that he hry.d the ri_c,i.t -o look over all of the documents which had been submitted as evidence if he so desired. Mr. Miller stipulated that it would not be necessa.,,y for .list 4.;C, read all the documents which had been presented, and ;.e �froa" dcc°epf them in their submission as evidence. The Hearing Officer explained to Mr. Miller that Mr. McCormick had stated that all persons who had made declarations or af'fi_davit, were present and could be sworn and personally testif•.,, to the .acts set. I'or.th i.r_ this declaration.if he so desired. He further infor>,;-d K-r, K-ii;I.er that these persons, if taut under oath, would say the sar.,e ide7lt7 cal thing that they have said in the statements or affidavits. Mr. Miller informed the Hearing Officer that he would stipulate that it would be unnecessary to swear these persons or hav_, 5c D(�( rson- ally testify as he can see no reason for so doing. The Hearing Officer then stated that with such stipulal,ion. f�,ll of the Declarations and Af_3'idavi,ts are admitted as direct ev'idt�nc -s , The Hearing Officer then directed that Mr. Miller proceed wi�Ti the presentation of any testimony that he might have to offer. 'le asked Mr. Miller if he fe'.t there were any procedural matters whici would have to be resolved and Mr. Miller stated that he believed ;here were none. The Hearing Offi..er informed Mr, Miller that he felt; tl;at th letters which had been writ en by him, particularly the one which haJ been filed requesting th-,:; reasons of the Counci.. for his dismissal, raised one problem procedu :`ally, and he asked Mr. Miller if he wishad to pursue this matter L urthe r . Mr. Miller stated. that he did not think so 1391 Page #6 - Council Minutes - 10/11/71 The Hearing Officer then stated that he wished to know if it were correct that any objections Mr. Miller might have had concerning reasons for his dismissal or the sufficiency of the Notice of Intent to Remove would have been brought up by him at the time they were presented into evidence. The Hearing Officer stated that it was his understanding then that Mr. Miller would waive any right to fur- ther question the procedure in which the statement of reasons for dismissal was given, or the sufficiency of the Notice of Intent to Remove. Mr. Miller stated that this was true. The Hearing Officer then informed Mr. Miller that he could proceed with any testimony which he might have to offer. Mr. McCormick informed the Hearing Officer that the City Council had asked him to request that any testimony which was to be given and not substantiated by sworn declaration or certified copies be taken under oath. The Hearing Officer then directed that all testimony taken other than sworn declarations or certified copies would be taken under oath. He asked Mr. Miller if he would be introducing any documents or whether he would only be making a statement. Mr. Miller informed the Hearing Officer that he would just be making a statement. The Hearing Officer directed the City Clerk to swear Mr. Miller for the testimony he was about to give. The Hearing Officer then informed the witness and the Council that any statement that might be made would be subject to possible cross- examination. Mr. Miller then proceeded to speak to the Council, the Hearing of- ficer and the audience at length concerning the phenomenal growth the City had.gone through during his tenure in office. He pointed out some of the improvements which had been made in the City and organization, construction and inter -relationships. He stated that the people of Huntington Beach have a $200,000.00 investment in Doyle Miller and that he felt they should be allowed to receive a dividend on the money they have so invested. He enumerated many of the projects which the city has undertaken in the past eleven years, such as the construction of new fire stations, the construc- tion of additional water reservoirs, the embarkment on the program to build a new Civic Center and Police Facility, anda new library. He informed the Court of the many innovations which had been started under his Administration, ie, the increasing involvement of Depart- ment Heads in the management of the city, the four day work week in the Police Department which was an innovation in Municipal Govern- ment. He stated that the city's tax rate had been held at $1.33 for a period of ten years, most of which was during his term of office, and that it had then been held at $1.45 for an additional four years. He also pointed out that a program had been conducted through the efforts of the Urban Land Institute and recommendations for Master Planning of the City had been implemented by the creation of a Citizen's Steering Committee with whom he had spent many hours in meetings and research. Ile stated that some of the accomplishment:, that had come out of this; work were: (1) the original Parking Authority which created parking and beautification along the city Beach and ocean Avenue, between the City Pier and the Huntington Beach State Park; (2) a complete economic based study for the City in the planning for freeways; (3) the Civic Center site including the Top -of -the -Pier; (4) creation of Freeway Sub -Committees, Con- vention Center Study, and Hotel- Motel Commercial Study. Mr. Miller stated that through the Administrator's office, a Federal Grant total- ing $2,300,000.00 had been attained to assist in park projects, end the city is currently involved in a park develox)ment program which included 15 neighborhood parks and a 250 acre Central City Park. He also stated that, with all the improvements oeing undertaken, the cost of government in the city is lower per capita than any of the five largest cities in Orange County. 140 Page #7 - Council Minutes - 10/11/71 After summarizing the accomplishments which he felt were partially due to his efforts in the capacity of City Administrator of the City of Huntington Beach, Mr. Miller asked the City Council to continue to utilize his services in some capacity as consultant, analyst, or elder statesman in the continuing growth of the city. On completion, the Hearing Officer asked Mr. Miller if this concluded his testimony. Mr. Miller stated that this was all he had to say. The Hearing Officer asked. Mr. McCormick if they had. anything further to offer or any questions to direct to Mr. Miller. Mr. McCormick stated that none of the members of the City Council wished to make any statement at this time. He stated that he believed that at this time he should read into the record the Statement of Reasons which had been given by the City Council for the termination of Mr. Miller. The Hearing Officer asked him if he were referring specifically to the statements made in the letter which had been entered into evidence as Exhibit #13, and was informed by Mr. McCormick that this was the case. The Hearing Officer asked Mr. Miller if he understood that the letter of October 5, 1971, had been entered into evidence as Exhibit #13 and contained all the reasons given by the City Council for his ter- mination, and was in evidence in the same manner as if it had been read aloud. Mr. Miller informed the Hearing Officer that he so understood. The Hearing Officer then informed Mr. McCormick that this particular letter had previously been admitted into evidence. The Hearing Officer then stated that he felt that this concluded the hearing. Mr. McCormick stated that he wished the records to show that all mem- bers of the City Council were present at this hearing, and asked if he might have a few moments to confer with his clients, the members of the City Council. The Hearing Officer declared a short recess at 6:15 P.M. The Hearing Officer reconvened the hearing at 6:16 P.M., and Mr. McCormick informed him that the City had nothing more to offer in the matter. The Hearing Officer asked Mr. Miller if he had anything further to offer, and was informed by Mr. Miller that he did not. The Hearing Officer stated that the matter was finished and the hearing closed as to this part of the Council Meeting, and he turned the meet- ing back to Mayor McCracken. Mayor McCracken ordered the public hearing closed, and thereafter ex- pressed the thanks of the Council to Mr. Miller for his past years of endeavor. 141 Page #8 - Council Minutes - 10/11/711. ADJOURNMENT On motion by Green,'the regular adjourned'meeting..of the City.Council of the City of Huntington Beach adjourned at'6:20 P'.:M., by the fol- lowing vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen, McCracken NOES: Councilmen:. None ABSENT: Councilmen: None ATTEST!