HomeMy WebLinkAboutCorrespondence with Thomas M Whaling, Attorney - 1973 - 1978 LAW OFFICES
WHALING & SALz DE 1 1g7f3
C
CITY OF HUNTINGTON BEACH MAIN STREET
(� HUNTINGTON BEACH. CA. 02648
CITY COUNCIL OFFICE (714) 536-6841
December 9, 1978
Huntington Beach City Council
and Local Coastal Plan Citizens Committee
P.O. Box 190 .
Huntington Beach, Ca 92648
Gentlemen :
Enclosed is a letter that the staff lza.s not formally
indicated that they have received. I would like to know
why the citizens have not_ been informed that the
Coastal Commission has requested that the City (Huntington
Beach) may consider realigning some boundaries and
thereby possibly reducing the area to be considered in
the Coastal Plan.
I feel that much of the downtown area by its nature
does not need to be in the Coastal zone. Since December
15 seems to be the date that they wanted the City to
submit on the realigned boundaries , I hereby provide a
written imput on this matter..
I believe that only the first parallel block along
Pacific Coast Highway should be included from Goldenwest
to La.ke .thereafter Alanta should the boundary from Lake
to Beach Boulevard.
Your cooperation in this matter will be appreciated.
Respectfully yours ,
I----------
Thomas M. Whaling
Attorney at Law
TMW/ed
Enclosure
cc. to :
Ron Pattinson
Huntington Beach City Hall
South Coast Regional Coastal. Commission
Long Beach,Ca.
LAW OFFICES
WHALING & SALZ
218 MAIN STREET
HUNTINGTON OKIACH, CA. 02848
(714) 836-8841
rlovember 9 , 1978
Huntington Beach City Council
and Local Coastal Plan Citizens Committee
P. O. Box 190
Huntington Beach, CA 92648
Gentlemen:
Do to the fact that I have seen the good work done by attorney
Bob Smith and some of the Main. Street shop owners , I am writing
this letter in order to receive: clarification of the current
status of the development of the downtown area . However , I read
in the Huntington Beach Independant of October 26 , 1978 , that
the city planning staff indicated. there were no present plans
for development in the downtown area.
This .somewhat concerns me, because in fact, I have learned that
there is still a downtown re-development project area. I have
al"so learned that the Orange County Sanitation District has had
approved before the Coastal Commission the necessary sewage lines
to begin a greater intensity of construction especially for the
downtown. area. Please let me know where we stand on this matter,
especially in view of Judge Lee' s ruling in the Terry case.
In a meeting at the Coastal Commission at the South Coast
Regional Commission' s offices in June 1978 , I learned that the
Coastal Commission' s first priority, pursuant to the Public
Resources Code, is commercial recreation which will take preced-
ence over residential use. I have been approached by realtors
and developers, one of whom I referred to the city staff , who
are interested in developing restaurants and hotels and/or motels
in the area. I would like very much to appear before the Iocal
Coastal Planning City Advisory Committee to find out if there will
be any areas that will be considered for such development in. order
to implement the mandate of the Public Resources Code. Moreover,
I would also like to have clarified the approach that will be
taken to highrise development.
.v a
Huntington Beach City Council
and LCP Citizens Committee
November. 9 , 1978
Page -2
I have personally talked to Mary Lyn Nor.by , the city staffer
for the Local. Coastal program, who advised mt� some time: aqo
that she would get back to me on this matter. . Add itionaIly .
I contacted City Council . person , Ruth Bail.y , and asked her to
put me on notice of the future hearings so that I could be
advised as to what direction the Local Coastal Plan ' s Citizen
Advisory Commission was going to take in the downtown .area.
I, therefore, will Took forward to hearing from you.
Respectfully yours ,
THOMAS M. WHALING
TMW/lkp
s
Thomas N. WhaIin���,*, %���,` �_ -'f,d/Li"Ad
Attornev at Law 101/G' r-�P4F fiF6
July 31, 1978
HONORABLE MAYOR AND CITY COUNCIL
City of Huntington Beach
City Hall
Huntington Beach, California 92648
Attention: City Clerk
Gentlemen:
I have just returned from. vacation and learned that I have
been referred to as a "two-bit shyster" by the police chief
and that, "I make my .living off of the problems I create. . . " .
Therefore, the purpose of this letter is twofold:
A. To demand a retraction by the police chief and
anyone else who disseminated his ,libelous and slanderous
remarks about my chiaracter, and
B. To get a clarification of .your- non-response to
my letter of July 5, 1978 in writing.
I attach the newspaper article from the Huntington Beach
Independent of July 20 , •1978 as evidence of this remark and
as evidence of no response to my letter.
I have attempted to make a complaint to the police .department
for Raymond Saylor, my stepson, and the police refuse to ac-
cept it. Since the City Manager has in writing agreed to
accept this complaint, I have written him over a' month ago
and told him that when he is free, I would be glad to give
it to him. I am awaiting his request.
I have listened to the tape of my remarks and of Howard
Subnick' s and Of. Chief Robatelli ' s. Rather than waste the
time going into detail in this letter of some false state-
ments on these tapes by them, I am awaiting the opportunity
to make public the factual basis of my allegations . The
police chief knows this and is afraid of a. presentation sub-
ject to the scrutiny of the public.
I wish to have investigated the budget of the police depart-
ment as I can show you ways. .to cut costs and yet provide for
218 MAIN ST., HUNTINGTON BEACH, CA 92648 714/ 536-8841
Thomas N. Whaling
Attornev at Law
Honorable Mayor and City Council - July 31, 1978 - Page Two
the kind of- protection this city deserves. I have the feeling
that the council wishes to have this ".hot potato" go away,
but it won't until you investigate and solve the problem or
exonerate the police department. These are exactly the same
type of requests I made in the letter sent to the council in
the Rowlands and Bonfa matters.
There are many good officers on the Huntington Beach Police
department. I have met them and .respect the. good job they
do. And I believe. you owe it to them to clear up ..this matter.
I am fully aware .of the difficult task -they have, especially
with the boisterous and lawless element of .our society. There-
fore, I have a number of positive suggestions -.to solve these -
problems and intend to bring. out either before your body or the
committee you have selected, but . so far have apparently not
chartered.
And just so you clearly..understand. where. I. am coming from. . . .
I have no intention of running for office. . . .I- do not want your
jobs. I must also state that I have no animosity towards the
police chief .or any of his aides for their remarks about my
character. As they will find out,-1 have..never. come before
the council or any governmental body and ever made an inten-
tional misstatement. And, as a citizen, I believe we owe it
to ourselves to get involved in government even though the
personal and financial. cost is high. And, .I don' t make any
money out of this --. not one red cent. I might also tell you
that I did not create any of those problems.
I look forward to a- written -response.
Respectfully yours ,
THOMAS M. WHALING
TMW: ls
218 MAIN ST., HUNTINGTON BEACH, CA 92648 714 / 536-8841
'L;$ome council watchers said that the candi- per v a t ,
-JA kwent� too high, .way too high, ar' vere
etti - a bad example for future candida.• One The price e a vote in echo n Beach hats
close supporter of Ms. Hutton's estimated that soared over.the past few elections.,c was thought
she spent nearly twice as much as she really high 50 p 6 when Ron Shenkman averaged close heat
oi
- .:.��� to $1.50 per vote. By 1978, $1.50 per vote went
But the question becomes,how does a candi-
unnoticed.
Loserlh: � : k Kofftttan paid f3.28 per
Asti know whew So stop sPdm tig, especially, Loser
incvia paid � voter By BRIANAMART
whe�t'*e money►is Be fay to1et? ..: Q _ ,
"I .think a sort of pante sets in during the lost ai.90per vote whit`winner Don IhlacAlLster � "A poor exercise of in
week or two before election day," says Lorraine came up, with $2.39 per vote. Councilwoman judgement"was used by f
Faber,a long-time council observer."People jdAt Ruth Bail g pay d ll
want to-be sure." ey got away a winner Navin to a a ey C i t.v Administra
So how. ; d +b cost In I�untington only 64 cents a vote. James Neal when he lent
Beach?WA,in' the case of former City Attorney Time was, Bartlett remembers, when a from a deferred cotnpensa
Don Bonfa, he ended up shelling out $10.40 per candidate in Huntington Beach would think he count to relatives and a i
vots. &�pretty high price tag for third place out was crazy if he.average over a dime a vote. nate employee,according,
as field of Welcome to 197$. STEVE MARBLE council press release.
The money was lent f
deferred compensation t
a established by the city for
ees to set aside tax free
until retirement. The ma
r u t aI � vrobe called .
a� only be wtthdraam to case
./
emergency,according to,C
i tl ■ a troller Howard Stephens.
Dr. Neal formed a tri
circus ' o I ' a lend 10000 .to Mr
b C to
. Y p $ '
Hartman, adminidtath
Saying that the Huntington council at all," said an•emotional "That statement about hold- $4.� to his son, and:a
Beach City Council had made a Robitaille. "Here's a two-bit shy- InF. a hearing in his next door loan to his ens. law for
"circus out of their meetings,"Po- ster who makes his living off of neighbors building really turns tale investments.
.lice Chief Earle Robitaille problems he creates and I'm sur. my stomach,"said Robitaille,who According to a memC
unhwed a verbal attack upon a prised you're listening to him." .added that his officers had be+ city attorney, the loans
downtown attorney, who .had Whaling,who is out of town on come demoralized by the constant involve the funds of any o
come before council members vacation, had come before the allegations made. ployees. The trust dee(
several weeks ago.to report an al- council over a month ago to report members have re-. established entirely �fron
leged police brutality incident. that his step-son had witnessed a cently become engulfed in a flurr)r.. put aside in Dr..Neal s act
beating while being held in the h retirement.
The attorney, Thomas Whal- of police brutality charges, whit "The fund has been "
city jail. and hia_eon had seeminfly started up after Whal-
ing,had asked council members to been arrested for being under the 7- , initial complaint.Since then, ante for nine or ten yei
conduct an open investigation into influence of alcohol and was mis- one council member held a press ployees may invest their..
an incident he claimed his son had treated while in.jail. conference on police brutality at a one of three ways, Stephi
witnessed. Whaling, however, was In a statement from Whaling, downtown pizza establishment They can Out it intc
'not at the meeting and had asked read by Smith, it was suggested and then three other council deed, a stock market inv
fellow attorney Bob Smith to ap- that the investigation take place members sat through an afternoon or a savings account. Sot'
air at the council meeting for downtown near his office so that session, where citizens were earlier emploveea tried t
im. market and of burned'sc
people could see what was hap- invited to tell of their experiences g
"I'm just amazed that Whaling pening with the people down have stuck with the sav
even has any credibility with the there." (Cont Next Page) count,"Stephens said.
�
What s Happening . Index
::. ANN LANDERS.....................................11 INSTANT REPLY.................
BOOKSHELF........................................III LARRY ROGERS.........................:...:..
BOUNCING BIRTHDAY BABIES............11 ONE FOOL'S PARADISE.............:
CROSSWORD.......................................111 SPORTS..............................................
Inside • • • ENTERTAINMENT .........................IV YOU AUTO KNOW . .........
Clsrttl
GO WITH GREG...................................IV MIND AND BODY..............................
IN FOCUS. .... ...............................II
The people without a city-
They're stuck between the bigger towns and reap have no `Mother hens' cent of the eggs were i
y gg Y turned in healthy conditic
city to call their own but they Sort of like that. The residents Some 90 high school 15 percent were diagnos
of the county islands express their feelings on municipal students in the Wisconsin as injured and 10 perce
isolation, on a new law that makes it easy for them to be hamlet of New Richmond
given a take-home as- were fatalities,
annexed and on the repercussion o were f Proposition 13 which K
makes annexation doubtful. The Huntington. Beach Police signment to illustrate the
Chief unleashes a verbal dart at,a downtown attorney;readers prohlems of parenthoo(t OFF 711 E W
can discover how much a vote in Huntingtnn Reach is worth; Each voongster in Ilia "LIF
•'�
Ocean View School District loses a new trustee and Seacht'l "family riving" class was l'V1T
Village in Huntinct� „ Ft, 1-11 -„'t such a hid secret afterall. told to rrlra tur a raw egg for QM/N
a wrr•h. pretend— i •�•: :)
�
21 � E---
---_ ..,, ..a.o, www� .ones ielallga wlbn011g jvwitd`t0 g 1D frrl0 SAecificAl�,`'se
times,fought annexation tar tho votereapi<oy�al, ' city ere cad be a lot of ill o ; these are
0
cities surrounding theta: The.oondititins, according Will"And,
(adjace
And,because of a new stet,. to Ken Scattergood, adminis- "And,since the cities raspy Beach);Midway Ci
-law .which went into effect trative aid with the Local Ag► don't want that kind of IN will, by Westminster);
`J)rivary 1, some residents of ency Formation ,Commission they've been a little reluctant Penitencia (in ti
-the county's approximately 130 (LAFCO) --.a county agency to file these,"he adds. area); and Sunset
blocks of unincorporated terri- that oversees all annexations— door to Huntington
tory could.find themselves city are: Espechilly_heated protests In the Huntia
residents without their ap — '1`hb area htts to be lees, heard by 'LAFCO slid the 'sphere of influen
Vroval if their areas meet cer- than 100 acres. Board of Supervisors have acres of Bolsa Chia
ItAin specific conditions. Some —It can't be prime agricttl- come front Island residents un- "The city. of
fT the prospect disturbing. tural land. willing to find themselves a Beach proposed
'Yf vie were ever annexed, The area has to be cur p�of the cities of Ttistin and two ears ago this t
have to sell my property r.ently. lyBoefiting .or.,would : .:.Placentia. In most cases, the tember.on that pro
says Julia Dovey, who had her benefit from the annexinecityy.�. county hasn't approved Scattergood. "But
Crager Road home in Hynes --The' property mtist be mandatory annexation if the and the county I
BFt#tore 11 years Ago-so that she. developed or in tbe:propels'of people: involved are strongly . . interested in all or
could-live next door to her chi]- developing. : ` := against it, cettstgood eayl. property for open
dm.::: However, says Suttergood;- W ha. t ever mandatory recreation uses:"
fldtgery for drugs char • ed
OPEN
IWi 6 women- aQegedly 'HoIIyywood;.fs being held:.: The .two women were DABIV
attemQtirig to use forged on charges of drug viola- later arrested In the park- g�
presct>tptions at a Foun- lions,according to.pslice. ing lot and a search t car
twin- Valley pharmacy A pharmacist atRexall revealed blank prescrip- SUNDAY
were arrested Tuesday, Drug Store, 1.0900 tion pads with the names 6-6 99151
police reported. Warner Ave., became of 13 different doctors,..,
Being held at the suspicious o. he prescr]p according to Corbin. ►RIGS b000
Orange County Jai 1 is tion when he noticed the ' i
Marie Sergo, 40, of doctor was from Wilshire Minor amounts of'. TMtfRlt.tHllU WED. � f
Beverly Hills on charges Boulevard and'called the ._dtujp were also found Hwy so.
of forgery and burglary, police, aecotdIh$ :to an are currently being the
Patricia Lang, 40, of , Detective C.Corbih- , ,: an ymd,Corbin added.. july gq
Police probe FV boss
(Cont. from Preceding Page) (Cont.from preceding Page)
with the police. shift." i]asis effective Jan..1.
"it really has hurt the de- Whaling!s son Claimed At;that time Neal vitae
partment," Robitaille he had watched while one. told to"tighten his ship;
so
later. "They feel as subject was grabbed and and work to increase mo-
t
hough their being picked . then thrown against a rale among disgruntled
I have trouble getting
g ng . wall. He had also;stated
t11em to work." that he was forded to Dr. Neal was not avail-
'Robitaille said ;that sleep on a concrete floor able for comment.: ' LOIN
Whaling had not filed-an and was denied a' tale- Stephens said he did �
official complaint with phone call. not think any more trust y T'•Tif
the police on the alleged Council, after listening deedp.would be estab- ; a
igcident his stop son wit- to both Smith.and Robi= lished because it caused. : <�{�� R
nessed. taille, took no action on too much paperwork for
Huntington Beach
the Whaling matter. the city.
Jailer Howard Subnick, ' „a
who was on. duty theFIndependent
►tutrmtVOTot,t trawcw
eveni>pg Whaling'; son ' e �t
was arrested, said that
what he saw was not aach Independent, including the MUAtington Beach
police beating but ratherview, is-published Thursday and Saturday by West
a subject arrested on an Oran Publishing Co. at 17969 Beach Blvd.; Huntington Beach
8988111t and battery ca. e47 telephone 842.1414. Carrier Moore Delivery 95 per �?
month. Moil rotes $3.00 r month. Decreed a newsppper entitled s k
charge who W8B covered to print and publish legal advertising, April 16, 1965; by court
with his vietim's blood. case Ass637.
"He said that he wasn't BERNARD J. RIDDER, 1R. . Publisher
fed but that's a standard JIM TORTOLANO Executive Editor
policy with anyone who is STEVE MARBLE . ...... .. ........ ManagingEditor s��ND 159
held for beta under the DICK FLEMING ..... . .. ... ........ Advertising Director
g DAVE LITE . ... Retail Advertising Monger s
influence, Suhmck said. SUE TEMBUADOR Classified Advertising Manage.
UL
"There was no beating, TOM DODD.. Circulation District Manage,
not while I was on my
t~ �
WHALING and SALZ
Attorneys at Lava -
218 Main Strset
Huntington Beach, CA 32648
HONORABLE MAYOR .AND CITY COUNCIL
City of Huntington Beach
City Hall
Huntington Beach, California 92648
Attention: City Clerk
- -�' Thomas N. Whaling;Eli
Attorrnev at Law - N
RE'CeIVED
ClrY CLFRK
NUkt1NCtCITy OF
ON BEACH,C.,
JUL.- �ZIyt'' ' t7a
July 5, 1978
HONORABLE MAYOR AND CITY COUNCIL 17�
City of Huntington Beach
City Hall
Huntington Beach, California 92648 Q
Attention: City Clerk
Re: Complaints on Police Misconduct
Gentlemen
I have learned about many more instances of police miscon-
duct and brutality since I sent my letter to you in May and
appeared before you on June 5 , 1978 requesting an open in-
vestigation of these charges to be conducted by the City
Council:
I believe because of the gravity of the allegations and be-
cause of the seriousness of the implications of police
misconduct, brutality, and obstruction of justice, that this
must be your first order of business. Since under the city
charter the city administrator is the person with the power
to " . . . suspend or remove department heads, officers and em-
ployees of the city. . . ' he should be present at all times to
hear the testimony and direct the police department to fully
cooperate with the investigating body.
I wish to advise you at this time that I have personally at-
tempted on three occasions to talk to the District Attorney' s
office in [Nest Orange County (Mel Jensen) about this matter
and he has failed to speak to me or to return messages on this
matter. Also, as you are aware, the police chief hasn't even
answered the questions raised in my letter to him of June 6 ,
1978 . Therefore, I am directing a copy of this letter to the
Attorney General 's office along with a specific complaint re-
lating to a recent incident. The reason I believe that there
need be an independent investigation of this matter is that
the past conduct of the Huntington Beach Police Department is
to stonewall or do nothing about the complaints , thus perpetu-
ating this cancerous growth.
I request this communication be put on the agenda per your
policy memorandum and acted upon forthwith at the July 17 ,
218 MAIN ST., HUNTINGTON BEACH, CA 92648 714 / 536-8841
Thomas N. Whaling
Attornev at Law
Honorable Mayor and City Council - Page 2 - July 5, 1978
1978 council meeting. I believe that the council owes the
taxpayers a thorough investigation to insure that you do not
approve or reject claims against the city superficially or
perfunctorily, thereby subjecting the city to additional
liability.
I would also like to bring to your attention that I know of
two criminal cases dismissed because the .police refused to-
disclose information on police brutality. This fact is most
significant in that it has been brought to my attention that
suits or claims totalling $136,000, 000 . 00 have been filed
against this city on police related misconduct.
Respectfully yours,
TH OMAS
TMV7: 1 s
cc Attorney General
218 MAIN ST., HUNTINGTON BEACH, CA 92648 714 / 536-8841
1
CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH -
To Bud Belsito From Alicia M. Wentworth
City Administrator City Clerk
Subject Letter from T. Whaling Date 7/5/78
dated 7/5/78
Attached for your information .is_ a letter received from T. M. _ Whaling., Attorney
At Law which he requests be placed on the 7/17/78 Agenda.
If.you have any material which ybu' would like placed in the packet with this letter
please submit same to our office.- by 7/10/78.
cc: City Attorney`
Chief Robitaille
a
Thomas N. Whaling
Attorncv at Law
218 MAIN ST., HUNTINGTON BEACH,CA 92W
HONORABLE MAYOR AND CITY COUNCIL
City of Huntington Beach
City Hall
Huntington Beach, California 92648
CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
` IWNIINGTON BEAC11
To Bud Belsito From Alicia M. Wentworth
City Administrator City Clerk
Subject Letter from T. Whaling Date 7/5/78
dated 7/5/78
Attached for your information is a letter received from T. M. Whaling, Attorney
at Law which he requests be placed on the 7/17/78 Agenda.
If you have any material which you would like placed in the .packet with this letter
please submit same to our office by 7/10/78.
cc: City Attorney
Chief Robitaille
Y ,p
TO: BUD BELSITO, CITY AD14INISTRATOR
ALICIA M. WENTWORTH, CITY CLERK
ATTACHED IS CORRESPONDENCE WE HAVE HAD WITH MR. WHALING'.
CHIEF ROBITAILLE
7/10/78 11:50 AM
' Thomas N. Whaling:i
r 1
. . :..-A.[t.orR.CV ar.L.aw, G �
June 6, 1978
POLICE DEPARTMENT ; „ Y'
CITY OF HUNTINGTON BEACH .
P.O. Box 70
2000 Main Street
Huntington Beach, California 92648
Attention: Earle W. Robitaille
RE: Your note of June 6 , 1978
Dear Mr. Robitaille:
In response to your note of June 6 , 1978 , please be advised that
I have developed a cynicism because of the past experiences I
spoke of at the council meeting on June 5 , 1978 about the genui-
ness of the police internal investigations and their attempts to
really obtain the truth about their officers . Therefore, I will
desire certain groundrules to be followed:
(A) That you stipulate that your officers submit to
the District Attorney' s Lie Detector relating to brutality and
Imisconduct. I will agree to this .
(B) That you conduct this investigation out in the
open and make your files on police misconduct available to the
communications media.
(C) That you personally set up an appointment with me
at my office at a mutually convenient time to discuss this overall
matter, as my son' s complaint is the tip of the iceberg. I would
welcome the City Manager' s appearance and we could both tape record
this session. I am requiring complete openess on both sides .
I believe that you have access to the tape of what I said at the
council meeting and if you are really sincere about investigating
those rather serious allegations, I believe you should first
start with those complaints .
My son ' s name: Raymond Saylor
Arrest Date and Time: June 2, 1978 - 1-1 : 00 p.m.
Complaint: Review transcript of Council. Hearing.
I would appreciate having a written response from you on this
' matter . I would also like to know the policy of the Huntington
Beach Police jail concerning when prisoners after arrest can make
phone calls. Also, is there a procedures manual on the handling
of prisoners?
Thanking you in advance,
Respectfully yours ,
THOMAS M. WHALING
c rn �fir . r,rll Rfn( II" r f,.1H l : ;r. iWii
® POLICE DEI'ART1�1EN T
Cite of Huntington Beach
1'.O.BOX 70 2000 MAIN sTKEET,HUNTING]ON 111'.ACH,CA.92648 TEL: (7l4) 536 5311
EARLI: RORITAILLE
. .
ChieJ'of Palica
June 8, 1978
Mr. Thomas A. Whaling
218 Main Street
Huntington Beach, CA 92648
Dear Mr. Whaling;
am in receipt of your letter of June 6, 1978.
To date we have neither a written or oral complaint from your son. As
soon as we are in receipt of such a complaint an internal investigation
can take place.
The brochure furnished to you with my letter of June 6, outlines the
"Citizen Complaint Reporting Procedures". All the "groundrules" suggested
in your response is not only unacceptable and ridiculous, but violative
of the California Government Code.
Should your cynicism of our practices even approach mine regarding your
motives , I would strongly suggest that you make your complaint directly to
the District Attorney or Attorney General who can very quickly determine
the credibility of your claims.
In fact , I challenge you to do so! I would consider your failure to do so
proof that your greatest concern is the personal publicity generated for
yourself and your ability to continue your disruptive tactics and unsupported
allegations .
Sincerely,
EARLE W. ROBITAI-LLE
Chief of Police
EWR;fl
cc; Mayor Shenkman (brochure)
Floyd G, Belsito "
- ;la'clress all roinniznzications to the C'hicf of Pnlice —
Thomas N. Whaling
Attorney at Law , 7c
RECMED
��— JUN 14
`'c OFFICE OF CHIEF
P. D. �.
June 12, 1978
CHIEF EARLE W. ROBITAILLE
Police Department
City of Huntington Beach
2000 Main Street
Huntington Beach, California 92648
Dear Chief Robitaille:
In response to your letter of June 8, 1978 , I might state
that your office is invited to my office anytime to review
the complaint made at the council meeting of June 5; 1978 .
In fact, if you will check your records, it was your de-
partment that contacted me for an investigation on the com-
plaint made of brutality in the Barry Dean Sanders matter.
You will find that I cooperated completely with your de-
partment at that time. The result of that handling of the
complaint and the numerous complaints that I have received
in this office and have observed is why I have developed a
cynicism.
As you know, I have advised you both orally and in writing
of Raymond Saylor' s charges . He is willing to take a lie
detector test. However, since your office failed to agree
to take one in the Paul Bradley Boucier case (Juvenile
Court Case No. J-97488) , I feel that reciprocity is neces-
sary to insure a truthful airing of all charges . And I
know of no government code that prohibits the use of the
lie detector in investigations.
I would request that you refrain from personal attacks on
me as I am taking the appropriate steps to have these mat-
ters investigated by the authorities. However, I would like
the questions I asked in my letter to you of June 6, 1978
answered.
However, as you well know, I intend to make public all of
the claims that I make and to support with evidence all of
the allegations that I publicly proclaim. I am fully aware
that. you wish that people like me would go away, just as
David Rowlands and Donald Bonfa wished. However, while I
j have nothing personal against you, if it turns out that
218 MAIN ST., HUNTINGTON BEACH, CA 92648 714 / 536-8841
Thomas N. Whaling
Attorncv at Law
Chief Robitaille - June 12, 1978 - Page Two
you' re not doing the job that you're supposed to be doing,
I believe the taxpayers should receive the best police
department they can get for their money.
As I said at the council meeting, if I am wrong I will
publicly admit it. If you're wrong, I am hoping that you
will publicly admit it.
Police brutality and misconduct are not to be tolerated in
a civilized society. Your letter intoned that the only
reason I desired to make public your departmental practices
was for personal publicity it generated for myself. I gave
you credit for being an intelligent person. Therefore, I
realize that when someone is angry he says things he prob-
ably will regret. Moreover, I look forward to your coopera-
tion in being open about my charges so that the public will
know what the real truth is.
Respectfully yours,
THOMAS WHA
TMW:ls
218 MAIN ST., HUNTINGTON BEACH, CA 92648 714 / 536-8841
• POLICE DEPARTMENT
J�
City of Huntington'n on Beach
P.O.BOX 70 2000 MAIN STREET,HUNTINGTON BEACH,CA.92648 TELs (714) 336-3311
�J EARLE ROBITAILLE
Chief of Police
June 14 , . 1978
Thomas M. Whaling
Attorney at Law
218 Main . Street
Huntington Beach, CA 92648
Dear Mr.. Whaling:
As of today we have received no complaint from Raymond Saylor,
either written or oral .
have no intent of setting up a special procedure or process as per
your request . The procedure as outlined in my letter of June 6 and
the pamphlet attached thereto is the process we will follow if. and
when we hear from the complainant.
Sincerely ,
EARLE W.ROBITAI "LE
Chief of Police
EWR:fl
—Address all communications to the Chief of Police —
/ c,�•y � war:::.
Thomas M. Whaling • Attorney at Law
218 Main Street
Huntington Beach, California 92648
° (714)536-8841
October 17, 1977
The Mayor and City Council
P.O. Box 190
Huntington Beach, CA 92648
Dear Mayor and City Council :
STILL NO ANSWERS IN WRITING!
I am disappointed that it has been over one month
since I last wrote requesting an \investigation of our
current City Attorney. Other than an oral request to
melt with me, which has yet to be accomplished, I 've
not had a response. The Council is charged by the
charter with the running of the legal business of the
city. I am,, therefore, under the distinct impressi6n
that there is a coverup or you just don't grasp the
seriousness of the charges I make.
Because of the three minute time limitation I will
cursorily just update some of the deficiencies and
problems as I see them:
1. Donald Bonfa is still involved in the corrupt
practice of obstruction of justice in the.Medwedeff
matter and also in the O 'Connor case. He's currently
attempting to prosecute Mr. Medwedeff even though he's
been instructed by another department that the prosecution
is groundless . He still persists in continuing the
O 'Connor Litigation in spite of your directives .
2. He has permitted the budget for legal advisement
to .the. city by default to approach one-half million
dollars if the expenditures continue as they appear on
your computer runs . These legal expenditures are
exorbitant. Isn't an Audit.-in Order?
3. He has permitted, by failing to adequately
advise you, a potential Bad Image situation in the sale
of surplus properties . For over 1 1/2 years , I 've come
before you to request a real property sales bidding
ordinance. Why was it so long in coming?
The Mayor and City Council
October 17, 1977
Page Two
4. He has written another bad contract with the
Boy's Club. You have not learned your lesson from the
i= days of Animal Control Contract which cost the Tax
Payers $200,000, which was brought to your attention in
the Rowlands debacle. One other thing that concerns
me on this matter is that Mr. Bonfa 's campaign Chairman
is Pat Downey, who is the Boy's Club Director. I do
believe that fact may present a very undesirable pic-
ture to the voters , especially when they find no other
organization had been given a opportunity to bid on this
matter. What part did the CitX Attorney's Office play..
in this matter? So I ask you, 'Is there a potential
elections Code violation?" While I am on the subject
of imagery, I would like to bring to your attention
the case of People vs . Municipal Court (69 CA 3 714)
wherein the court states "Public Ofricials must avoid
the appearance of impr_opriety. " I would like to know
how and. when the other co-chairmanis son became Mr. Bonfa 's
legal intern. Again I ask you "Is there a potential
elections Code Violation?"
5. I am very concerned about. the City Attorney's
Office not responding to my charge that there is a
coverup or an inadequate investigation on the consumer
fraud matter I brought to your attention last meeting
concerning their �articipatien in this investigation.
WHAT IS MR. BONFA S RELATIO�,��:�UP TO MR. McCANN .
I have many more charges to make, but if you'll
start an investigation juaf_ as you did in the Rowlands
matter, the public will have the opportunity to see
if any of these or other charges I make are well founded.
I also challenge Mr. Bonfa to debate me on my
charges at any public Forum of his choosing so the
public has the opportunity to see if I'm correct in
my assessment that his office is poorly run and incom-
petent; to see if I 'm correct in that Mr. Bonfa 's
ego has caused him to. grea.tly waste the taxpayer 's
money; to see if I 'm on target when I say "There's
a little corruption in Mr. Bonfa 's operation. "
Respect=fu7�ly ,
THO WHALING
Attorney at La
TMW:lw
Thomas M. Whaling -.Attorney at Law
218 Main Street
Huntington Beach, California 92648
(714)536-8841
July 28, 1976 �/
Honorable Mayor and
City Council of
Huntington Beach
In this era of open government, a. praise report is
in order.
One of the finest accomplishments of this year was
the Council'.s attempt to depoliticize as much as possible the
selection of Planning Commission members. I would hope that
your example will be carried out in other jurisdictions. When
you have done good things collectively, let your light shine
before the world.
And it is with this thought in mind that I make the
following suggestions. In my memory you would be the first
City Council in this State to seek out the help of any Grand
Jury to further imporve our fiscal capability; i.e. our ability
to keep our financial house in order.
As you remember, the citizens last fiscal year asked
for help from. the Grand Jury on many items. In June of this
year, I received the attached letter (Exhibit A) . While I make
no comment regarding my personal feelings, as I am not the
voice of the electorate, I believe there still remains in many
citizen'-.s minds a cloud over the way City government handles the
tax payer' s money. The specific questions raised by the citizens
before the Grand Jury during 1975-1976 and some new ones are too
numerous to detail now. But, I would request that you pass a
resolution looking into this matter.
I can think of no better way of showing the citizens
you really believe in open government. On June 24 , 1976 I. sent
a letter to the Council (Exhibit B) . It was an attempt to evoke
.a response on certain suggestions I have repeatedly made concerning.
fiscal responsibility. I received a response from the Mayor
(Exhibit C) . I would really like to know, if you don't like my
v
suggestions about the Grand Jury, whether you'll implement
these suggestions as an alternative.
My suggestion to go to the Grand Jury for review is
paid for out of our County taxes. As you well know, the
Arthur Young study of our finance department was an unbudgeted
item, which along with the increases in insurance (e.g. helicopter)
left the City with a minimal (if any) contingency fund last
fiscal year. I believe the tax payers would like to avail
themselves of the use of their County tax dollars. I believe they
would like to know that their City government .strongly believes
in openness.
Please understand that the spirit of the above suggestions
are not meant to cast doubt on the present Council ' s integrity
or financial ability to run this City. I have heard nothing but
lauds concerning certain- Councilmen' s efforts to get this City
off to a financially sound footing in 1976-1977. And many of
these commendations come from City government workers. The
intent is to advise and request action. So, please respond with
some -kind of action. And if you feel that my request for a Grand
Jury review is out of line, say so and tell me why.
Thanking you in advance,
WHALING
.ter
TWM/ds
DAMES W. UTTER •FOREMAN 191076
• BETTY D. NADRIDGE GRAND JURY
a FOREMAN PRO TEM
SUSIE L. STEINMEYER
SECRETARY ® 700 CIVIC CENTER DRIVE WEST
FRANCES HANSON CARVER SANTA" ANA, CAL(FORMA 92701
ASSISTANT SECRETARY
E EUGENE M. SHIDLER ° (7]4) 834-3320 ;
SERGEANT AT ARMS
i
i i ! .
June 1, 1976
Thomas M. Whaling
Attorney at Law
218 Main Street
Huntington Beach, CA 92648
Dear Mr, Whaling:
In reply to your letter of May 17, 1976, the Grand Jury
has investigated the various aspects of Huntington Beach city
government that you and others have brought to its attention.
Some 25 separate complaints were distinguishable in the
materials submitted. After investigation it was determined
that some of these complaints 'ere attributable only to
possible mismanagement or sim ly error. Many of the com-�
plaints were based on specula ion and were proven unfounded.
Still other complaints pointed up possible criminal conduct
which occurred so long ago as to bar prosecution under the
r statute of limitations.
Thus, in the 25 matters examined, the investigation
uncovered no provable criminal conduct on the part of anyone
in Huntington Beach. Given the far-ranging nature of the
complaints, and the time involved in their examination, the
investigation was confined to matters of criminal conduct
only,
Very truly yours,
ORANGE COUNTY GRAND JURY
k -
JaAie$ W. Utter, Foreman
k /
SLS:rl
EXHIBIT "A"
rhomas M. Whalll2 • Attorney at Law
tr 'I x"Mait►,Street
lfuntingtrni Beat f-'aft pr►tia 9 648
(714)5.3h-884t '
.,
June 24, 1976
�4 -
Honorable-Mayor and
.: City Council of
Huntington Beach
a5
Tonight while you are voting on the 1976-1977 budget
one of your many responsibilities, please remember the rhetoric of
the last campaign. I feel that as a citizen taxpayer I must give
you my impressions of how you are handling that responsibility,
because the justification oft;that vote is as important as the vote
itself.
First, I know that all of the council attempted to go into
a thorough analysis of each element of the budget. But, I feel that,
because of past problems, you were really unable to move as
effectively "to cut the fat out".
As a result, I believe that unless you take steps during
this current fiscal year to do an efficiency analysis of the certain
areas of government you are going to be in the same morass as before
and really unable to give a good justification for your vote. I
suggest .the following (my letters previously have stated these) to
accomplish this for fiscal 1976-1977 :
` (a) Review previous audits and efficiency studies on
the following departments:
1. Legal;
2. Police;
3. Library;
4 . Public works and
5. Parks and Recreation.
(b) Determine if the previous recommendations have
been implemented and if these recommendations caused
improvement and then take action to do what is needed
for improvement.
(c) Cut out the duplication and waste of effort by doing
EXHIBIT "B"
the following:
1. Determine why the Police Department 'wants
its own legal advisor and what his effectivity
will be.
2. Determine why a lawyer is working in the Finance
Department and administering contracts.
3. Determine why there are additionally six City
Attorneys and one half-time law clerk under the
the City Attorney.
4. Determine why this City has or needs any airborne
equipment and whether it is cost effective.
5. Determine what emergency preparedness program
this City has and what it costs and who' s
administering it.
6. Decide whether this City really can afford the
luxury of the:Jail, Main Library, Central Park
and the Old Civic Center Site.
7. Require each Department to present at each ,
Council meeting a graph showing how their
Department is operating within the budget by
use of graphs and so that you can effectively
evaluate their financial impact statements .
8. Give awards at the end of the year to Departments
and employees who show fiscal responsibility
and who are real cost savers.
I personally believe that there is still excess fat in the
Legal Department and the Police Department. I believe that audits
of Public Works, the Library and Parks and Recreation are needed
for making a similar determinations this current year.
You must feel that you are justified in voting the budget
£ ' as it is. I hope that I see a drastic change in how the City approache
the next year' s budget or I will conclude that you do not have the
vision and leadership the voters believed you had. For I feel that nex
year you would not be justified in voting in the present budget.
This letter is not intended to be caustic. It is only sent
as a sentinel sends messages to those he' s charged with watching out
for. Negotiations with City Employees will be carefully watched. If
they wipe out the present "reported" surplus, then we're back where we
were last year. And the fiscal responsibility that the electorate
thought they were getting is just political palaver. And rhetoric is
the last thing this City needs.
During this last year, I have seen City Hall change. And
for that, I thank you. And I wish to also thank you for the ray of
a
hope that shows we'll have TRUE progressive development in this City in
the coming years. I hope you will also be fair when you vote on the
taxes. Do not make the mistake you made last year.
Respectfully yours,
THOMW M. ALING
TMW/s z ,..
F r
,a
F
City of Huntington Beach
P.O. BOX 190 CALIFORNIA 92M
,. � OFFICE OF THE MAYOR
June 29, 1976
Mr. Thomas M. Whaling
Attorney at Law
218 Main Street
Huntington Beach, California 92648
Dear Tom:
We cut $4 ,474 ,825 from the original Department requests for the
1976-77 budget. I am disappointed that you think that wasn' t
moving "to cut the fat out. " This occurs at' a time- when inflation
is obviously increasing our costs.
Your suggestion for areas of review are appreciated. However, I
would like to clarify certain points :
1 . The Contracts Administrator in the Finance Department
recently passed the State Bar and is now officially an
attorney. But he was not hired as„an attorney and is
not now being compensated for being an attorney as that
knowledge is not required for hisiosition.
2. Enclosed is information on the effoct.iveness of the
Police Department Aero Program.
'k
3. Enclosed is a copy of a memo from George Thyden, Civil
Defense Coordinator, explaining the duties and respons-
ibilities of the office of Civil Defense.
}' Thank you for your concern.
Sincerely,
Harriett M. Wieder
Mayor
A HMW:bb
cc : City Administrator
City Council
enclosure
EXHIBIT "C"
collected the Bede-Tax fees since there was no code in effect that
authorized it? These are just a few of the many other. areas
where this administration has fallen down. It has also come to
my .attention that we have no inventory of the purchases of Art
'And -artifacts by the Public Facilities Corporation. Is this
true? If so, why are we in this situation?
Now it seems to me that a City. Administrator who gave himself
two raises in the last two years and whose salary went from a
start. of .$33,000. 00 in 1972 to one of around $42, 000. 00 in 1975
should be producing more. efficiently. I would also like to know
by what authority the City Administrator can give himself raises?
If these ..salary raises are in violation of our charter or City
Personnel policies, are you going to recover these monies.
Respectfully yours,
HOD ING
TMW/sl z
f
Thomas .tYl. Whaling • Attorney at Law
218 Mail Street
Huntington Beach,California 92648
(714)536-8841
v
January 12 1976
Honorable Mayor andt 't%rJ1
Huntington Beach
P.t
city Council
2000 Main Street P
Huntington Beach, California
Honorable Mayor and
Members of the City Council; ,' }"
I wish to document a problem that has probably been orally
brought to your attention. It is this: The CAC audit presented
to the City Council on December 18, 1975 fa copy is attached)
showed collected animal license revenues of $75,264.00 with an
additional $17,545. 00 undepos.i.ted. On January 8, 1976 a
Memorandum attached hereto was sent from staff (D. Cahoon) to
the City Administrator alleging that only $71,285.00 had been
collected.
First, why the discrepancy in the total fees collected?
Second, what's being done to collect these additional $17,545. 00
Fees? Since these are funds that were for licenses, I believe
that there' s a fiduciary responsibility to account for this
money. Why hasn't this been requested? Are there any criminal
sanctions that are applicable .if these funds are not collected?
I believe that the animal control issue is sufficiently
documented to show that the City Administrator is not efficiently
managing this City and is covering up. In his own departmental
memorandum (Cohoon' s) he states that no long term commitments
can be made regarding animal services because the potential
east to the City is unknown and because the County would not
agree to a long term arrangement, While I'm sure that's the
situation now, I'm also sure that the County will either adopt a
license .-Contract - Contact arrangement or a straight fixed-
fee basis contract similar to the one we have. This City wouldn't
be in this disadvantageous position if the City Adminis`ra cir .-ffiad
heeded the citizens' many warnings in 1974 and in early 1975.
At the last Council ;Meeting you were asked by what authority
you collected these animal license fees since there was no
implementing legislation? I also ask you by what authority you
Thomas M:Whaling • Attorney.at Law
218 Main Street
Huntington Beach;California 92648
(714)536-8841
April 1, 1976 RECEIVED
CLERK
C.I'l OF
IIUNTINGi H,CAAF.
Honorable Mayor
and City Council
of Huntington Beach 176 !.DR I PO : 4 8
I feel led to address each of you personally in your
last meeting before the new Council convenes. First; I delivered
this letter before the Council meeting because of -a remark make
at the last Council meeting. But I would like to ask how much
of my correspondence has ever been presented in public to the
Council by the Mayor?
Second, I would like you as a group to acknowledge that
a team. effort produced the profitable Bicentennial Olympics;
to. xecognize that it was a team effort that is producing the
Downtown Revitalization; to realize that it will be a team
effort .that produces a successful parade; to have the vision
and foresight to understand that a team effort is required if
we can solve the Bolsa Chica wetlands problem; and to grasp the
concept that this City can not be fragmented by the efforts of
one .citizen, but can only be held together as a team effort.
And when you realize this, you will have come to the . conclusion
that team effort requires strong, healthy leadership.., And it is
with these thoughts in mind that I personally address_ you.
MAYOR GIBBS I told you when you were in my office some
months ago that I did not believe the City Administrator was
candid, provided leadership, or even was efficient. I told you
that he did not have the respect of his charges. I suggested
that you take a secret ballot of management to determine if what
I was saying was accurate. This was never done. I. reiterate"
"He has not the confidence of his charges. "
I have asked you publicly to answer my questions directed
at you and you have refused to do this. While I appreciate your
oral commendations at Council meetings, I feel that you would
have been more constructive as a Mayor by either finding out
answers to my questions or by responding to my charges with facts.
I made a suggestion in writing some months ago that was reiterated
by the Ad Hoc Committee and the EMT to the effect that budget
{
'1-
control could be better effected by having financial impact
statements provided for each Council action. To date this
has not been done. Now I bring this out because an ordinance
is being brought to you . by the City Attorney which provides
that certain types of services need not be bid. This ordinance
will have a financial impact. Do you know how many contracts of
this type just in the last few fiscal years apply to this
ordinance? I know of some:
Ito 1. The costly book coding contract;
2. , The City Attorney' s purchase of services for
(a) his own management audit (Cantor Report) , and
(b). his retention of law firms for his defense
in the current grievance and for other legal
services; for lawsuits and advisements;
3. The current contract for Arthur Young's audit
(I believe this is an open ended contract, which is
the type that proved most costly to the City of
Anaheim) .
You have accused me of negativism. I counter with the
statement that never in history has a sentinel or a watchdog
been characterized as negative. To challenge you to leadership,
when you lack it is constructive criticism. To ask you repeatedly
to have vision is an act of charity. And as I have said before ,
if I'm wrong about any- claims I make, Say so!
COUNCILPERSON WEIDER You told me at your house a few
months ago that I was a challenge. Well, I challenge you to
lead a resolution tonight to ask for the City Administrator' s
resignation. I challenge you to explain'.the .purchase of the
Book "How to take over your local government" . I challenge you
to explain publicly the benefit to the taxpayers of your trips
taken with the City Administrator. I challenge you to tell the
public tonight exactly how much was spent on your campaign for
your benefit. I challenge you in the next two years to lead the
City out of the economic mess it is in. I challenge you to lead
the effort to revitalize the depressed beach front-pier complex.
I challenge you to find anything negative in these challenges.
COUNCILPERSON COEN I have great respect for your intellect.
But I find that your emotions have got the best of your lately.
I believe you owe the citizens an apology for your outburst of
temper last Monday. I also believe you owe the citizens an
explanation of just what the Ad Hoc Committee really decided so
. r
v
the City Administrator isn' t tried in the Press.
COUNCILPERSON BARTLETT I personally like you very much.
But I will never accede to the philosophy that because we all
have sinned we should do nothing about the conditions our
City is in. I also do not agree with you that we don't have
substantial problems.
COUNCILPERSON MATNEY I admire your courage and hope that
you won't give up the fight to restore confidence in *government.
I would suggest that the first act would be to have the entire
Council take down their monuments in Central Park. This act
of arrogance probably was an oversight. The second would be to
ask them to restore all monies unneccessarily expended by them.
These acts were mistakes in judgment. The third would .be to
ask them to find out now why it ' ll cost the City (because the
lease requires it) over $230, 000. 00 to replace the defective
pipes in City Hall and $25, 000. 00 to put zinc in the ground for
the Cathodic protection for our underground utilities. The
fourth would be to ask them to give the citizens an update in the
costs and problems related to the library (viz, the requirement for
plexiglass railing installation ($22, 500. 00) . Fifth, maybe I
should end asking questions because the answers will involve a
research project: At times I get frustrated. At others I 'm
undaunted.
COUNCILPERSON SHIPLEY I do not know you or know anything
about you. And for that I am sorry. I wished you had spoken more
at Council meetings - but maybe you wouldn't have felt it would
have been productive.
COUNCILPERSON DUKE I am positive. I have been working
years at no expense to the City on revitalization of our blighted
areas and I would work on the Public Facilities Corporation, if
I could get the Council to appoint me. (That will be the day) .
I also conduct completely open meetings with .the Project Area
Committee. And I do this all at no expense to the City.
I am ositive. I would love for this City to arise out
of the, ashes of discord, di.ssent_ion, and demeaning behavior. But
not at the co.-t of gal►u- -J } airy) jol.) }_}7a} hfoij-0-11:
it there. As you know, the City Admini.str.at.,ir c.nr, ' t. },- r nrn,ir7ra� a�7
for 90 days after the new Council takes over. . isut fie can bo
terminated tonight. I would ask for a resolution so we know
where the Council stands publicly.
Henry, I personally believe you can be an effective
force in this City. While I may disagree with you on some issues,
I never questioned your integrity. I would like to talk to .
you personally about Meadowlark, City Council expenditures, the
Public Facilities Corporation, etc. And I would like to know
why the Council did not know that the parade had no funds left
for this July 4th Parade. My door is open to you.
TO ALL COUNCILPERSONS
As far as my personal decisions, I am going to be very
candid. , I have made no decisions on running against the City
Attorney, or for City Council. However, I am very determined
to do all that is necessary to get answers to the citizenry' s._
questions and to insure City Government Economy and efficiency;
and I will work for complete candor and an open door in City
Government. I am doing no more than__ any other watchful citizen
would do. I would like to see an end to the paranoia that
currently exists in City Hall. But it won't go away until there ' s
a surgery. . For the cancer is in the government body, not in the
body politic. And any infected member can affect other members
of the team.. The cancer must be removed. Leadership must be
restored.
Sincerely, a�'`"
OMA.,S•,rk. WHAL
TMW/s z
fl i•.�•
r �
Thomas M. Whaling • Attorney at Law
218 Main Street
Huntington Beach, California 92648
(714)336-8841
_ l
March 29, 1976
N
Honorable Mayor and
City Council of
Huntington Beach
I am suggesting that- tonight the City Council defer
the public hearing until after the three new City Council members
become elected in two weeks. The reasons for this request are '
as follows:
1. The Council has not defined any priorities for
this City as recommended in the Ad::°Hoc report and in the Executive
Management Team transmittal to the Council in February
2. If some of the projects are granted funding, there
will be potential legal problems that have not been thoroughly
evaluated; e.g. ,
(a) Ocean View High School Pool . No commitments
from the HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT have been
forth coming on co-funding or on resolving the problem of public
use during school hours.
(b) Boys Club Center No contracts.-have been drawn
to clearly show that this facility will be completely open to
public use by all the citizens.
(c) Newland House- No,-,one has clearly defined how this
project benefits low or moderate income families, aids in the
prevention of slums and blight_, or is designed to meet an urgent
community development need.
I could name a number of other projects that have
been recommended for funding which could present the same legal
problems,, but, as stated above, the main reason for the deferral
of this hearing is for the Council to establish priorities.
On February 2, 1976 I transmitted a letter to the
Council with the following paragraph:
"The City staff has advised us that this
Redevelopment Plan meets the intent of the stipulation
entered into by all parties in the Terry v. Huntington Beach
law suit. I would appreciate an advisement being given to the
citizens on this matter so that they understand why this
' redevelopment plan needs implementation immediately. "
It is for the above reason I stress that this Council immediately
adopt a priority system and then decide where the funds should go.
A very critical financial picture has been presented
to the 'Council because some citizens had the temerity to come
before this Council during the last nine (9) months and challenge
its handling of our finances. When the request for funds for
revitalization of the Downtown-Pier area is before you with the
stipulation that these funds are to be repaid to the City, I
believe this Council must look very closely at its budgeting for
non-financial return requests. I believe that the Council should
look at the liability to the City of the Terry law suit and its
potential settlement at no cost to the tax payers. For the above
reasons,coupled with the logic of an increased financial tax base
on which to support the human services.. also needed in this
community, I request you to defer this hearing for a more
careful scrutiny.
Respectfully yours,
T OP'!A
TMW/ssz
Thomas M. Whaling • Attornev at Law
218 Main Street.
Huntington Beach, California 92648
(714)536-8841
March 29, 1916
Honorable Mayor and
City Council of
Huntington Beach .
I am suggesting. that- tonight -the City -Council defer
the public hearing until after the. three new City. Council .members
become elected in two weeks. The reasons for this request are
as follows:
1. The Council has not defined any priorities for
this City as recommended in the .Ad Hoc report acid in .the Executive .
Management Team transmittal to the Council in February
2. If some of. the projects are granted funding, there
will be potential legal problems that have not been thoroughly
evaluated; e.g. ,
(a) Ocean View. High School Pool No commitments
from the HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT have been
forth coming on co-funding or on resolving the problem of public
use during school hours.
(b) Boys Club Center No contracts have been drawn
to clearly show that this facility will be completely open to
public use by all the citizens.
(c) Newland House ..No one has clearly defined how this
project benefits low or moderate income families, aids in the
prevention of slums and .blight, or is designed to meet an urgent
community development need.
I could name a number of other projects that have
been recommended for funding which could present the same legal
problems; but, as stated above the main reason for the deferral
of this hearing is for the Council to establish priorities.
On February 2, 1976 I transmitted a letter to the
Council with the following .paragraph:
"The City staff has advised us that this
Redevelopment Plan . meets the intent of the stipulation
entered into by all parties in the Terry v. Huntington Beach .
law suit. I would appreciate an advisement being given to the
citizens on this matter so that they understand why this
redevelopment plan needs implementation immediately. "
o
It is for the above reason I stress that this .Council immediately
Adopt a priority system and then. decide where the funds should go.
A very critical financial picture has been presented
to the ,Council because some citizens had the temerity .to come
before this Council during the last nine (9) _months and challenge
its handling of our finances. When the request for funds for
revitalization of the Downtown-Pier area is before you with the
stipulation that these funds are to be repaid to the ,City, I
believe this Council must look very closely at its budgeting for
non-financial return requests. I believe that the Council should
look at the liability to the City of the Terry law suit and its
potential settlement at no cost to the tax payers. For the above .
reasons,coupled with the logic of an increased financial tax base
on which to support the human services also needed in this
community, I request you to defer this hearing for a more
careful scrutiny.
Respectfully yours,
T Or7A
TMW/ssz
Thomas M. Whaling • Attorney at Law -70
218 Main Street
Huntington Beach, California 92648
(714)536-8841
March 22, 1976
Honorable Mayor and
City Council of
Huntington Beach,
I have been retained by some of the tax payers of the
City of Huntington Beach to recover funds which have been either
illegally appropriated, negligently mishandled or illegally
expended, . and to recover damages for same, and further to insure
that appropriate legal restraints are imposed- against the
aforementioned employees of- the City who are responsible for
said actions. The employees named are the City Administrator,
David Rowlands, the City Attorney, Donald Bonfa, and in some
of the matters mentioned herein the Personnel Director, Edward
Thompson.
The acts of these above named employees, which are the
basis of this claim, will be later delineated. The tax payers
claim that such actions were beyond the scope of their
authority; their actions were without City Council authorization
or in many cases their actions were done without having given
adequate information to the City Council. In most incidents
these actions are in violation of the City Charter or its
ordinances or in derogation of Council resolutions or specific
regulations of the City, State or Federal Law.
I am requesting that the City Council for and on behalf
of the tax payers initiate an action to recover from these
individuals the monies that shall be hereinafter delineated
and initiate a legal action to appropriately insure that the
City .will be protected from the past actions and from any future
actions by said individuals or their agents. Because of the
fact that the incumbent City Attorney is one of the named
employees, it would be deemed advisable to. appoint a Special
-1-
Counsel to handle this litigation for and on behalf of the tax
payers. In no way, am I suggesting that I be considered or
appointed as that Special Counsel.
It seems appropriate that the City Council,.- the elected
representative of the Huntington Beach Citizenry, should act
on behalf of the tax payers to recover these monies that have been
negligently mishandled, misappropriated or illegally expeneded
by its employees. Should the City Council refuse to authorize
or initiate such legal action to recover these monies and to
enjoin said actions, then it would be appropriate for the tax
payers to sue to recover such illegally expended, negligently
mishandled and misappropriated funds and to further sue for
damages and to seek appropriate judicial relief.
Because of the fact that some cases have required that the
City Council be apprised of a tax payers request for action, I
am hereby requesting that this letter shall constitute such
request for action against the- above named employees for the
following matters:
1. That the City Administrator, David Rowlands, the City
Attorney, Donald Bonfa and the Personnel Director Edward
Thompson acting jointly . or separately represented to the City
Council that the adoption of a resolution and ordinance amending
the Public Employees Retirement System .(PERS) contract between
the City and PERS, adopting optional military credit provisions
would be in the best interest of the City when in fact such
amendment would not be the best interest of the City and would
actually when presented to the Council provide direct pecuniary
pension benefits to the above named employees in the following
sums:
David Rowlands in - excess of $40, 000. 00;
Donald Bonfa in excess of $12, 000. 00; and
Edward Thompson in an amount unknown.
Said employees perpertrated a fraud upon or negligently mis-
represented to the Council and negligently, illegally and
fraudulently obtained their own pension benefits and incurred
a total liability to the City in excess of over one million
dollars, the exact amount is unknown at this time. Further,
that David Rowlands acting jointly and separately represented
to the Council that such adoption of said agreement would
-2-
represent a $156-, 000. 00 savings per year when in fact he knew
or should have known such representation was untrue.
2. That David Rowlands and Donald Bonfa individually and
severally induced the City Council to enter into contracts with
the California Animal Control which were detrimental to the
best interest of the City and failed to administer said contracts
in a manner that would protect the City' s interest all to the
City' s detriment and damage in an amount unknown at the
present time. Further 1*he4 negligently or fraudulently
concealed violations by CAC of said contract and represented to
adjacent City' s that said contract was being complied with when
in truth and in fact David Rowlands knew or should have known
that said contract was in fact not -being complied with all to
the City' s detriment and damage in an amount undetermined at
this time.
3. That David Rowlands, individually through negligent
misrepresentation or. through fraud and deception illegally
caused his salary to be increased and appropriated said monies
acquired through such increase to his own personal use in an
amount undetermined at this time. These said increases
- were obtained by Mr. Rowlands in violation of the City Charter
and ordinances related thereto and it is requested he be
enjoined- from continuing any such activity.
4. That City Attorney Donald Bonfa individually while
purporting to. represent the interest of the .City of Huntington
Beach illegally approved and authorized salary increases and
fringe benefits for himself in violation of City Council
Resolutions City Charter and City Ordinances, in a direct conflict
with his legal duty to the City of Huntington Beach obtained
same in an exact amount undetermined at this time.
5. That the City Administrator, David Rowlands, without
Council authorization or approval and in violation of the
ordinances, rules and regulations of the -City of Huntington Beach,
incurred an annual liability to the City of Huntington Beach of
approximately $250, 000. 00 per year by conferring the California
Highway Patrol (CHP) Plan on the Police safety personnel to the
detriment of .the City of Huntington Beach in the exact amount of
damages unknown at this time. It is requested that he be further
enjoined from carrying out such activities.
6. That City Attorney, Donald -Bonfa, illegally and
unlawfully perpetuated himself in office - in violation of the
Election Code, the Government Code and the Labor Code thwarting
-3-
the electoral process and by denying the voters of the City
of Huntington Beach a free and voluntary choice of opposition
candidates for the elected position of City Attorney. Said
conduct, while arguable in and of itself may not be a basis
for damages, should be enjoined forthwith and hereafter in the
future and all sanctions for such conduct should be hgnce-
forth imposed.
7. That the. City Administrator, - David Rowlands and the
City Attorney, Donald Bonfa, individually and severally in
violation of City Ordinances, Resolutions- and Regulations,
sanctioned recodification of the Huntington Beach Ordinance
Code and illegally caused funds to be expended substantially
above the amount approved by the Huntington Beach City Council.
Further said employees approved and accepted on behalf of the
City a work product on these Codes which was inferior and
defective. The exact amount of the damages for such conduct
are unknown at this time.
8. That the City Attorney Donald Bonfa, in violation of
the City Ordinances, Resolutions and Regulations engaged a
consultant to analyze the performance and efficiency of the
City' s Attorney' s Office and illegally approved the expenditure
. of City funds for such study. - Further, that Donald Bonfa caused
this report, critical of his- administration, to be supressed
and additionally incurred further expenses in his attempt to
conceal from the City Council and public the commentary on his
administration and induced the consultant to prepare a subsequent
report which white washed Donald Bonfa' s activities and
administration. The exact amount of damages for this conduct
are unknown at this time. He should be sanctioned for this
conduct.
9. That the City Attorney, Donald Bonfa has illegally
caused expenditures_ of -public funds for modification of the
City Attorney' s Office. The exact amount of the illegal
expenditures and damages are unknown at this time.
10. That the City-Attorney, Donald Bonfa and Personnel
Director, Edward Thompson, individually and severally have
violated City Ordinances, Resolutions and Regulations by taking
out of State trips and have caused _to be illegally appropriated
to themselves City funds for their benefit by being reimbursed
for such trips. The exact amount of the damages are unknown
at this time.
11. That the City Attorney Donald Bonfa without
authorization or authority from the Public Facilities Corporation
-4-
obtained outside legal service consultation from a legal firm
to perform legal services for and on behalf of the Public
Facilities Corporation which he as the City Attorney was directed
to perform and subsequently sought and- obtained ratification of
such action—These expenses are in excess of $5, 000. 00 and
the exact amount of damages for such conduct is presently
unknown at this time.
12. That the City Administrator, David Rowlands, and the
City Attorney, Donald Bonfa on numerous occasions have failed
to perform the duties of their respective offices, have performed in
negligent and incompetent manner, have harassed and intimidated
subordinate employees, have negligently, intentionally and
fraudulently concealed matters from the City Council and the
public. THey have adopted conduct and acted in the manner which
has caused substantial. and irreparable damage to the City and
tax payers thereof. The exact amount of said damages for
such a generalized demand is unknown at the present time.
As previously stated the remedies sought by the tax payers
for the above actions are the appropriate inj-unctive relief to
insure that future conduct is not further engaged in by said
employees and -for the recovery- of all monies illegally expended
} --- by such actions of said employees, and for damages for this
conduct in an amount presently unknown. A request for punitive
damages in an amount .that I would suggest would be in excess of
one million dollars is also in order.
Since the Council is striving for open government and since
I should not be permitted to make reckless charges unless I can
back them up, I would request that a public hearing be held
on this matter and that testimony be given to you in public.
Each of the details for each charge substantiating the claims
that are made for and on behalf of these tax payers should be
in the open. I believe that the Council owes a duty to the
tax payers of Huntington Beach to insure that charges made do
not go unanswered. They must be aired so that this City can get
on with its business.
Respectfully yours,
/. 1
THOMAS M. WHALING
Thomas M. Whaling •Attorney at Law -70
218 Main Street
Huntington Beach,California 92648
(714)5.36-8841
March 22, 1976
Honorable Mayor and
City Council of
Huntington Beach,
I have been retained by some of the tax payers of the
City of Huntington Beach to recover funds which have been either
illegally appropriated, negligently mishandled or illegally
expended, and to recover damages for same, and further to insure
that appropriate legal restraints are imposed against the ,
aforementioned employees of the' City whd are. responsible for
said actions. The employees named are the City Administrator,
_ David Rowlands, the City Attorney, Donald Bonfa; and in some
of the matters mentioned herein the Personnel Director, Edward
Thompson.
The acts of these .above named -employees, which are the
basis of this claim, will` be later delineated. . The .tax payers
claim that such actions were beyond the scope. of their
authority; their actions were without City Council .authorization
or in many cases their actions were done without having. given
adequate information 'to the City Council_: In most incidents
these actions are in -violation of the City .Charter or its
ordinances or in derogation of Council resolutions or specific
regulations of the City, State . or Federal Law.
I am requesting that the `Ciiy Council for and on behalf
of the tax payers initiate an. action to recover from these
individuals the monies that shall be hereinafter delineated
and initiate a legal action to appropriately insure that the
City will be protected from the. past actions and from any future
actions by said individuals or their. agents. Because of the
fact that the incumbent .City Attorney is one of the named
employees, it would be deemed advisable to appoint a Special
-1-
A
Counsel to handle this litigation for and on behalf of the tax
payers. In. no way, am I suggesting that I be considered or
appointed as that Special Counsel.
It seems appropriate that the. City Council, the elected
representative of the Huntington. Beach Citizenry, should act
on behalf 'of the tax payers. to .recover these monies that have been
negligently mishandled, misappropriated or illegally expeneded
by its employees. Should the. City .Council refuse to authorize
ot .initiate such legal action to recover these monies and to
enjoin said. actions,. then it .-would be appropriate for the tax
payers to sue to recover such illegally expended, negligently
mishandled and misappropriated -funds and to further sue for
damages and to seek appropriate judicial relief.
Because of the fact that some cases have required that the
City Council be apprised of a taxpayers request for action, I
am hereby requesting that this letter shall constitute such
request for action against the above named employees for the
following matters:
1. That the City Administrator, David Rowlands, the City
Attorney, Donald Bonfa and the Personnel. Director Edward
Thompson acting jointly or separately represented to the City
Council that the adoption of a resolution and ordinance amending
the Public .Employees Retirement System (PERS) contract between
the City and .PERS, adopting optional military credit provisions
would be in the best. interest. of the City when in -fact such
amendment would not be the best interest of the City and would
actually when presented to the Council provide direct pecuniary
Pension benefits to the above named employees in the following
sums:
David Rowlands in excess of $40,000. 00;
Donald Bonfa in excess of $12,000.00;. and
Edward Thompson in an amount unknown.
Said employees perpertrated a .fraud upon. or negligently mis-
represented to the Council .and negligently, illegally and
. fraudulently obtained their- own pension benefits and incurred
a total liability .to the City in excess of over one million-
dollars, the exact amount is unknown at this time. Further,
that David Rowlands acting jointly and. separately represented
to the Council that such adoption of said agreement would
-2-
the .electoral process and by denying the voters of the City
of Huntington Beach a free and voluntary choice of opposition
candidates for the elected position of City Attorney. Said
conduct, while arguable in and of itself may not be a basis
for damages, should be enjoined forthwith and hereafter in the
future and all sanctions for such conduct should be hance-
forth imposed.
7. That the City Administrator, David Rowlands and the
City Attorney, . Donald Honfa, . individually and severally in
violation of .City Ordinance's, .Resolutions and Regulations,
sanctioned recodification of the Huntington.Beach..Ordinance.
Code:.and ..illegally caused funds to be .expended substantially
above .the .amount approved by the Huntington Beach City Council.
Further said employees approved and accepted on behalf of the
City a work product on these Codes which was inferior and
defective. The exact amount of the damages for such conduct
are unknown at this time.
8. That the City Attorney Donald Bonfa, in violation of
the City. Ordinances; Resolutions. and Regulations engaged a
consultant to analyze the performance and efficiency of the
City' s Attorney' s Office and illegally approved the expenditure
of .City funds. for such study. ,. Further, that Donald Bonfa caused
this' report,. critical of his- administration, to be supressed
and additionally incurred further expenses in his attempt to
conceal from the City Council and public the commentary on his
administration. and induced the :coiisultant .to prepare a subsequent
report which white washed Donald Bonfa' s activities and
administration. , The exact amount of damages for this conduct
are unknown at this time. . He should be sanctioned for this
conduct.
9. . .That the. City Attorney, Donald Bonfa has illegally
caused expenditures of public funds for. modification of the
City Attorney's Office. The exact amount of the illegal
expenditures and damages are unknown at this time.
10. That the City._Attorney, Donald Bonfa and, Personnel
Director, Edward Thompson, individually and severally have
violated City Ordinances, Resolutions and Regulations by taking
out of State trips and have caused to be illegally appropriated
to themselves City funds for their benefit, by being reimbursed
for such trips. The exact amount of the damages are unknown
at this time.
11. , That the City Attorney .Donald Bonfa without
authorization or authority from the Public Facilities Corporation
-4-
obtained outside legal service . consultation from a legal firm
to perform legal services for and on behalf of the Public
Facilities Corporation which he as the City Attorney was directed
to perform_,and subsequently sought and obtained ratification of
such action. These expenses are in excess of $5,000. 00 and
the exact amount of damages for such conduct is presently
unknown at this time.
12. That the 'City Administrator,' David Rowlands, and the
City Attorney, Donald Bonfa. on numerous occasions have failed
to perform the duties of their respective offices, .have performed in
negligent and incompetent manner, ' have.. harassed. and intimidated
.subordinate employees, have negligently,. intentionally and.
fraudulently concealed matters from .the City Council, and the
public. . THey have adopted conduct and acted in the manner which
has caused substantial and irreparable damage to the . City and
tax payers thereof. The exact amount of .said damages. for
such a generalized demand is unknown at the .present time.
As previously stated the remedies sought by the tax payers
for the above actions are the appropriate inj-unctive relief to
.insure that future conduct is not further engaged in by said
employees and for the -recovery of all monies illegally expended
by such actions of said employees, and for damages for this
conduct in an amount presently unknown. A request for punitive
damages in an amount that I would suggest would be .in excess of
one million dollars is also in order.
Since. the Council is striving for open government and since
I should not be permitted to -make reckless charges unless I can
back them .up, I would. request.that a public hearing be held
on this matter and that testimony be given to you in public.
Each of the details for .each charge. substantiating the claims.
that .are made for and on behalf of these tax payers should be
in the open. I believe that the Council owes' a duty to the
tax payers of Huntington Beach to insure that charges made do
not go unanswered. They must be aired so that this City can get'
on with its business.
° Respectfully yours,
THOMAS M. WHALING
Thomas M. Whaling • Attorney at.Law `70 2/,�
218 Main Street
Huntington Beach,California 92648
(714)536-8841
March 22, 1976
Honorable Mayor and
City. Council of
Huntington Beach,
I .have been retained by some of the tax payers of the ;-
city- of Huntington Beach to recover funds which- have been either
illegally appropriated, negligently mishandled .or illegally
expended, and. to recover damages for same, and further to insure
that appropriate legal restraints are imposed against the
. aforementioned employees of the City who are responsible for
said actions. The employees named are the City Administrator,
.David Rowlands, the City Attorney, Donald Bonfa, and in some
of the matters mentioned herein the Personnel Director, Edward
Thompson.
The acts of these above named employees, which are the.
basis of this claim, will be later delineated. : The tax payers
claim that such actions were beyond .the scope oftheir
authority; their actions .were without City Council authorization.
or in many cases their actions were done without''having given
adequate information to the City Council. . Inmost incideits
these actions are in violation of .the City Charter or its
ordinances or in derogation of Council resolutions. or specific
regulations of the City, State or Federal Law.
I am requesting. that the City Council for. and on behalf
of the tax payers initiate an action to recover from these
individuals the monies that shall be hereinafter delineated
and initiate a legal action to appropriately insure that the
City will be protected from the past actions and from any future
actions by said individuals or their agents. Because of the
fact that the incumbent City Attorney is one of the named
employees, it would be deemed advisable to appoint a Special
-1-
Counsel to handle this litigation for and on behalf of the tax
payers. In no way, am I suggesting that I be considered or
appointed as that .Special Counsel.
It seems appropriate that the City Council, the elected
representative of the. Huntington Beach Citizenry, should. act
on behalf of the tax payers to recover these monies that have been
negligently mishandled, misappropriatedor illegally expeneded
by its employees. Should the City Council refuse to authorize
or initiate .such legal action to recover these monies. and to
.enjoin said actions, then it .would be appropriate for the tax
payers to sue to recover such illegally expended,, negligently
mishandled and misappropriated funds and to further sue for
damages and to seek appropriate judicial relief.
Because of the fact that some cases have required that the
City Council be apprised. of a tax payers :request for action, ,I
am hereby requesting that this -letter shall constitute such
request for action against the above named employees for the
following matters:
1. That the City Administrator., David Rowlands, the City
Attorney, Donald :Bonfa and the Personnel Director Edward
Thompson acting jointly or separately represented to. the City
Council that the adoption of a resolution and ordinance amending
the Public Employees . Retirement System (PERS) contract between
the City and PERS, adopting optional military credit provisions
would.be in the best interest of the. City when in fact such
amendment would not be the best interest of the City and would
actually when presented to _the: Council provide direct pecuniary
pension benefits to the above named employees in the following
sums:
David .Rowlands in excess. o_f. $40, 000. 00
Donald Bonfa in excess of $121000. 00; and .
Edward Thompson in an amount unknown. _.
Said employees perpertrated a fraud upon or negligently mis-
represented to the Council and negligently, illegally and
fraudulently obtained. their own. pension benefits and incurred
a total liability to the City in excess of .over one million
dollars, the exact amount is unknown at this time. Further,
that 'David Rowlands acting jointly and separately represented
to the Council that such adoption of said agreement would
I
-2-
t .
the electoral process and by denying the voters of the City
of Huntington Beach a free and .voluntary choice of opposition
candidates for the elected position of City Attorney. Said
conduct, while arguable' in: and of itsel€ may not be a basis
for damages, should be .enjoined forthwith and hereafter in the
future and all sanctions for such conduct should be hdnce-
forth imposed.
7. That the City Administrator, David Rowlands and the
City Attorney, Donald Bonfa, individually and severally in
violation .of City Ordinances, Resolutions and Regulations,
sanctioned. recodification of the Huntington Beach Ordinance.
Code and illegally caused funds .to be expended substantially
above the amount approved.-by the Huntington Beach .City Council.
Further .said employees approved .and .accepted on behalf of the
City a work product on these Codes which: was inferior and
defective. The exact amount of the damages .for such conduct
are unknown at this time.
8. That the City Attorney Donald 'Bonfa, in violation of
the City .Ordinances; Resolutions and. Regulations engaged .a
consultant: to..analyze the performance and efficiency of the
City' s .Attorney's Office and illegally approved the expenditure
Of City funds for such study. . Further, that Donald Bonfa caused
this report, critical' of his administration, to be supressed
and additionally incurred further expenses in his attempt to
conceal from the .City Council and public the commentary on his
administration and induced the consultant to prepare a subsequent
report which white washed. Donald Bonfa' s activities and
administration. The exact amount of damages for this conduct
are unknown at this time. He should be sanctioned for this
conduct.
9. . That the City Attorney, Donald Bonfa has illegally
caused expenditures of public -.funds .for modification of the
City Attorney's Office. The exact .amount .of the illegal
expenditures and damages are unknown at this time.
10. That the City-Attorney,. Donald Bonfa and Personnel
Director, Edward Thompson, individually and severally have
violated City Ordinances, Resolutions and _Regulations by taking
out of State trips and have caused to be illegally appropriated
to themselves City funds for ,thei.r. benefit by being reimbursed
for such trips. The exact amount of the _damages.. are unknown
at this time.
11. That the City. Attorney Donald Bonfa without
'authorization or authority from the Public Facilities Corporation
-4-
r
obtained outside legal service consultation from a legal firm .
to perform legal services for and on behalf of the Public
Facilities Corporation which he as the :City Attorney was directed
-to perform and subsequently sought and obtained ratification of
such action. These expenses are in excess of $5,000. 00 and
the exact amount of damages for such conduct is presently
unknown at this time.
12.. That..the City Administrator, David Rowlands', and the
City Attorney, ,Donald Bonfa on. numerous occasions .have failed
to perform the duties .of their respective offices, have performed in
negligent and incompetent manner, have harassed and: intimidated
subordinate. employees, have negligently, intentionally and
fraudulently concealed matters from the .City Council. and the
public. tHey have adopted conduct and acted in the manner which
has caused substantial, and irreparable damage to the City and
tax payers thereof. The exact amount of said damages for
such a generalized demand is unknown'at the present time.
As previously stated the remedies sought .by the tax payers
for the above actions are. the_ appropriate inj-unctive relief to
insure that future conduct is not. further engaged.. in by said
employees and for the recovery of. all monies, illegally expended
by such actions of said employees, -and for damages .for this-
conduct in an amount presently.-unknown. A request .for punitive
damages in an amount that I would suggest would be in excess of
one million dollars is also in -order.
Since the Council is striving for open government and since.
I should not be permitted to make reckless charges unless I can
.back them up, I would request. .that a public hearing be held
on this matter .and that testimony be given to you- in ublic.
Each of the details for each charge substantiating t e claims
that are made for and' on behalf of these tax payers should be
in the open. I believe that the Council owes a duty to the
tax payers of Huntington Beach to insure that charges made do .
not go unanswered. They must be aired so that- this 'City can get.
on with its business.
Respeetfully yours,
THOMAS M. WHALING
y;
o1'f,c Gam. �o� d�S TY►�'-
homas M: Whaling • Attorney at Law b vro wv *a lOvw`11
218.Main Street
f1U F Huntington Beach, California 92648
(714)536-8841
February 3, 1976
u Ail 8 : 5 4
Mayor and City Council Members
City of Huntington Beach
P.O. Box 190
Huntington Beach, Calif.
Honorable. Mayor and City
Council Members:
I was not surprised last night when the Mayor notified
the public that "oral communications" would be handled by the
citizenry contacting the City Administrator's office. It is another
attempt to frustrate the citizenry either in their attempt "to express
their feelings or in their attempt to obtain information.
I again attach hereto my January 5.1 1976 letter
(received by the City Administrator January" 6, 1976) which has never
been answered because the City.Administrator seems to characterize it
as a "research project" . In fact, in a memorandum dated January 23,
1976 (there' s significance to that year) , attached_ hereto,. the City
Administrator is further carrying out his plan to subvert the publics
right to know the facts.
I guess that' s why last night the Council never had
on its agenda, at any time, the information relating to the State
Coastal Commission's hearing today on the acquisition. of the Bolsa
Chita area. The 'City Administrator never at_ anytime previously
ever brought to the Council's- attention (by. placing, it on agenda) the
urgency of the matter relating to , the State Acquisition of these
properties. The loss of those areas to the tax rolls - if that
occurs - will be substantial
The failure of the City Administrator to keep before the
Council the important., issues. in.our City highlights his inefficiency.
But, I feel that there's more than inefficiency involved 'on Monday,
February 21 1976. A headline appeared .in the Los Angeles Times
entitled "Mystery Words in Tax' Act. Lead to Oil Windfall". These
words were most appropriate . for 'our City, because. to date I have.
not received any reply from the Council on why the minutes or records
on the Oil Barrel 'Tax issue are not existant. I" firmly believe that
there's a coverup Of possible Brown -Act violations on that .issue.
I also would like to' know what happened to the committee
appointed to review Council expeditures and procedures on May 5, 1975.
A meeting was scheduled for May 12, .1975. Where are the minutes?
S
f '
Could it be that the Council does not wish the public to know what
its been spending at conventions, and yet telling. the public we are
in financial trouble. I feel the Council has it priorities mixed ,
up.
I' believe that I'm not the only citizen to suggest that
copies of minutes. of meetings of .all commissions be ' available to. the
public in the public library. I have requested with the concurrence
of the project area committee; (P.A:C. ) . the City Staff to insure that
the complete P.AC file be available to the public so they can review
our minutes, correspondence, etc to insure that the public knows
what is going on in Redevelopment. Why doesn't the Council require
this ,of all commissions.,
This letter is not sent to the Grand Jury because I am
Asking the Council to either publicly state that my ascertations.
during these last six. .months are. wrong or react by positively
responding to my claims. Please show some leadership and vision. It
would be a welcome change.
I have said from the very beginning of my inquiry that
the inefficiency of the City Administrator and your . lack of leadership
and vision will be the key issues in the current campaign. Why not _
eliminate at least one of the issues before election time.
Respectfully yours,
T OMAS WHALING
TMW/lsz
} CW p#UjPMPMT0@4 DUACH CA 76-9
COU
H(,Ip ADMINISTRATOR COMMUNICATION
� s
TO , '!gable Mayor aild From City Administrator
;t =Cityy Council Members -
Sub*t'� POLICY FOR HANDLING Date .January 23, 1776
'` CITIZEN INOUTRIF'S --r--
The Policy for Handling; Citizen Inquiries was developed at the
t direction of the City Council and represents a combination of
state law and local procedures . 11, wits developed a }
consultation with the Citj Attorne ' s o c an
-nnI U�rEMT fficer and �i gas been revsewed by the Legal,
ileartment re compliance with state law. Basically,
the policy restates the position of state law that most records
axe . open to public inspection during working; hours Monday 'through
Friday. ' It opens most records for inspection by those citizens
with questions to ask on City operations rather than requiring
staff to spend tax money to research questions for individuals
at the expense of all of the taxpayers . The effect will be that
citizens who want to know about most aspects of the City' s opera-
tions Qo to the anurp riate de Lar_ n=t and ask to Age, the
r„�,Lu5 Copies of recor s , w en esired , can also be obtained
at a reasonable cost .
Respectfully submitted,
David I1. Rowlands
City Administrator
DDRaeh
Attachment
.s
Z;
,P4l.ICY FOR HANDLING CITIZEN I N1JU l R I CS
4� t
L : a gv�arnmeeet by and for the people it is a fundamental and necessary right of the people to
Am asooesr'to infornwWon on the conduct of the people's business. The legislature of the State
CalifWFAe hat enacted laws ensuring the right of accenn to information with only specified
'Oren Of Wormation not subject to public review. This legislation �oviders that!oast agencies
my adopt regulations stating the procedures to he followed when making these records available.
-has peal of the City of Huntington Beach,in accordance with state tow,public records are open
'OD inspection at ail tireee during the hours of 8 a.m. to 5 p.m. Monday through Friday and every
v ` eitimi a hat a right to hopect any public record,except an exempted by state and federal laws.
` e I -stature has not rta9uir+ed rxrblie emnloyrrn to conduct research Pro' to for
qwffmftu�•; rt it is not the intent of t ey that city em loyern perform research for the blic
:' rd city emphnyees an not a Iaw o o research for the Public WWII ti a andeffort
NO
Ctrs a r tms of the a resources and as TTU public funds.
AIN
� l fia Pu
t
Nt k'',1 y of the variow departments shall,however,he of assistance in obtaift Mueeted
ay apt documents for citizen review and in m Jdng copies when so requested and in providing
► `
to seewhy of records and in prevention of the loss of public documents. Copies of Maio
4W be prodded,however,only on payment of a reasonable fee to pay for costs of making copies,
9, :-To assist Oduns in obtaining the requested records for inspection the city rn4Z require on a form
to be w d Wded by Abe S&%the name and address of the rson ma c' i the request,the list- 6
rseords to be reviewed and a lint of any specific documents the citizen wishes to copied.
b.' Wben records an not readily available,as when they are stored on computer tape or stoned in
10a requiring some time to produce,the records shall he made available an soon as possible,
adowing reasonable use of department personnel to locate,identify and copy such records.Cost
d the copies of voluminous or unusual materials shall be related to the actual cost for the
reproduedon.. .
7. OmmN for researchint the rec Iformatifta inn '
00-
is
fa a research project or not and the cost to reproduce the requested records.
, !'Q.
44
4 accords to be available to the public include the following item and A otlw+r aapo of
�nachxled by Mate and federal laws:
hWknhwy draft,notes,or interagency or antra-agency owmorands which or nat fttained
by publk agency in the ordinary course of business,provided that the public intemi in withMiMing
a4 ecorda clearly outweighs the public interest in disclosure.
fib) Records pertaining to pending litigation to which the city is a party,or to,daimE nude
plan!to Division 3.6(commencing. with Section 810)of Title 1 of the Government Gar,iaNil
awft litlgwOm has been finally adjucated or otherwise settled.
(e) ' tWumnel,medical,or similar file",the disclosure of which world constitute an nnwatranterl
ilssaritr I of rereot ai privsop.
!d� Recw&of complaints to or investigations conducted by,or records of intelligence information
procedures of the Police Department,or env such investigatory or security files e►mrAlMi by
tlae'depa tewnt for correctional,law enforcement or licensing examination.
(e) Test questions,scoring keys,and other examination data used to adminieter a lift'Osing
�aatw•inati=.examination for employment,or academic examination.
°(f) TM contents of real er;tate appraisals,engineering or feasibility estimates and the evaluations
sank for the city relative to the acquisition or property,or to prospective public supply and construe- .
: #Gm eontrftts,until such time as all of the property has been acquired or all of the contract agreement
aMa6 k paeided, howsrer,the law of eminent domain shall not be affected by the provision:
(g) information required from any taxpayer in connection with the collection of local taxes
v%kli is reesived in confidence and the disclosure of the information to other persons would result
in'Wfair a mpetitive disadvantage to the person supplying such information.
(h) Ubwy and nnteeum materials made or acquired and presented solely for refem4m or
saiimf"pwposea.
(i) Records the disclosure of which is exempted or prohibited pursuant to provisions of federal
w Obb k wi including,but not limited to, provisions of the Evidence Code relating to privilege.
Statements of personal worth or personal financial data required by a licensing agency and
JIM by m applicant with such licensing agency to establish his personal qualification for the license,
+yrnh Waft of permit applied for.
1
Thomas M. Whalin • Attorney at Law ;+
218 Main Street
! Huntington Beach, California 92648
(714)536 8841
January 5, 1976 CEIV 0.
j j r C L ERK
4 `Y rr
Honorable Mayor
and City Council Members t Tt; m 6 9
City of Huntington Beach . 3 6
I' ll be happy to start 1976 .on a positive note. First,
rumor has it that the City is contemplating spending $50, 000. 00
for an outside agency study for the Downtown Redevelopment
Project. I wish to advise you that the PAC Committee you
appointed has enough talent, . vision and desire to get the job
done that you won't need to spend $50, 000. 00 for another study.
Maybe that' s presumptuous, but you did make some good appointments.
Second, I wish to thank Councilperson .Wieder for
obtaining a copy of the Telos report for me on December 24 , 1975.
While I may disagree .with her on many issues, I commend her for "
helping me obtain information. However, I am still unclear as
to why all information on these matters has to be cleared through
the City Administrator' s Office. He works for the Taxpayers.
He shouldn' t adopt policies that make it difficult to get information.
Now, on the issues presented in 1975. I will list some
of them by Category and discuss them in capsulized' form and
list some of, my questions.
ANIMAL CONTROL CONTRACT
Last week I again learned from the City Administrator' s
Office that the City still has plans to reinstitute local Animal
Control. Who authorized this? It would seem that, .unless the
County is doing a poor job, our City' s position would be that
we desire to save the citizen' s money. By having the County
perform these services shouldn't we have a contract? That was
the argument advanced by the Mayor in support of the City
Administrator's attempts to turn our beaches over to the State
and destroy the most efficient Department in the City.
I also wish to go on record to state that the CAC
Audit of December 18, 1975, the recorded animal commission hearing
on September 16, 1975 and the article in the Huntington Beach
Independent of September 27 , 1975 on the mass destruction of
the animals clearly pointed out that the City Administrator
"covered up" on this matter in defending CAC and patently proved
his inefficient management.
The Mayor' s response to .the Grand Jury of December 23,
1975 on this matter is also a "cover up" . All the Grand Jury
needs to do is read the audit of December 18, 1975 she sent them.
Her answer is inaccurate in that the Animal Commission was
disbanded by the City Council and made no findings. However,
hearsay has it that they'd like to, and those finding won't be
as depicted by the Mayor. If the Mayor would send the transcript
of the hearing I believe the Grand Jury can make its own
observations.
MAYOR GIBBS
Without going into all the allegations made against her
for participating in this coverup of our Administrator, I would
like to say that the photocopy of the check # 044 707, I have in
my possession shows "paid" for her purported trip to Puerto Rico.
That' s why the questions get asked. This simple matter can be
cleared up by producing the original check and show the actual
accounting runs to Marie Buckland who investigated this incident.
I might further state that the City Council can openly
ask the Mayor to document each payment she received from her
Insurance Company and the City' s Insurance Company as the result
of each accident and to document the facts of .each accident. She
owes the citizens this much accountability. The police report of
December 22, 1975 did not go into these matters in sufficient
detail and left questions unanswered.
C014PUTER
In the December 23, 1975 response to the Grand Jury
no mention was made of the 1973 Telos recommendations, how they
were implemented, or what the current status of the computer
program is. I was also under the impression that the 1975
Cooper and Lybrands Report (I don't have a complete copy) had some
observations about the use of the computer. If I am incorrect,
-2-
please advise me. What did these reveal?
Furthermore, I believe that only testimony from those
who operate the Computer Center and from those in the Finance
Department given to persons other than in Administration will
show how accessability to the Computer and the use by outside
private sources can lead- to the obtaining of personal information
and thusly violate a citizen' s privacy.
If any concerns are unwarranted, I would like someone
in authority to say that I 'm off base. . But, I believe that there
is a Beverly Smith, a principal in "Attorney Data, Inc. " since
October 14 , 1971, who may be the same person who was the
Financial Directors secretary at the time of the signing of the
City' s agreement in November 1971 and was still with him up
through most of 1973. Shouldn't this be looked into? I would
like to know if T.C. KrcZmp or any member of his family was or
is an employee of the City of Huntington Beach. He' s another
principal in the firm. What access do they have to the computer?
I would also like to bring to your attention that there
are no written procedures within the Police Department for
implementation of the putting on or obtaining -.of information
from the Computer relating to information on our citizens. That
is the reason I have asked what is being done about implementing
the Telos recommendations. I again ask you to read pages 26-
28 of this report. I was told by one of the Police Department
personnel that the Water Bill is the basis of files maintained
on citizens. If that is so, then one could defeat this system by
applying for a Water Bill in an incorrect name. Also, when is
this system purged to insure up to date accurate information?
ACCOUNTABILITY
I am still unsatisfied with any of the responses
relating to this general topic. Lately, one matter of a criminal
nature indicated that in 1975 there were still not sufficient
controls to discover if one is accurately reporting City revenues.
I refer to the Tolson (City Treasurer' s Office) case. I
specifically refer to Pages 51 and 52 of the Grand Jury transcript
attached hereto. I also understand that reimbursement to the
City is to be in the sum of $1, 300. 00 by Mrs. Tolson. However,
how much more money is in fact missing? Also, what has the
City Administrator done with regard to the receipt of all cash
monies into the City Treasury or elsewhere?
Another matter on accountability relates to a building
inspector. What has been done to collect from the contractors
involved in the Biondi incident? What has been the cost to the
-3-
City?
What has been done to insure that- Golf of So. Calif. ,
Inc. has complied with the requirements to spend $500, 000pursuant
to its contract?
Who handles the oil barrel production revenue
accountability? Is this procedure adequate?
CONTRACTS
I believe the citizens should have all the facts on
how the following contracts were entered into and why and why
were there exceptions to the normal bidding procedure, if such
were done.
A. Taylor Lease .at Central Park.
B. Meadowlark Lease to Golf, Inc.
C. Rainbow Disposal Contract.
D. Purchasing Parts Contract for Vehicle Maintenance.
E. Current Liability Insurance Carrier.
OIL BARREL TAX
So far, you have not responded to my. query "If you
rescinded the oil barrel tax, why don't the minutes or a
recorded public session show this fact?" The City Clerk stated
that the sheet showing the deletion of the oil barrel revenues
was not in her office until after my letter to the Council.
This sheet however does not rescind the taxes. This sheet
is not part of any official minutes to date. I. request a City
Attorney Opinion����f��Qqr �u -poses of determining whether the Council.
is derelict in ski "'� rrg these taxes.
Also, please advise as to what is defined as
"excess money derived from Oil Barrel Production Tax"? What
. was the intent of the resolution of June 12, 1975 by Councilman
Matney that there be a special Fund?
I will refrain from going .into the -other matters I
previously brought to your attention because any further
investigation will be done by the Grand Jury. However, I am
hoping that this year will see the following:
A. More efficient use of the taxpayer' s money by the
Council.
B. More leadership and vision by the Council.
C. More accountability by this City Government to
-4-
the citizenry.
D. More positive attitude towards redevelopment and
attracting industry in making this City a model to others for
progress and environmentally sound development.
Respectfully yours,
THO M. ING
TMW/lz
5-
1, out of balance. And your answer?
2. A The answer was that they caused the out of
3 balance to be greater than it would have been without those
4 files ; in other words , the files in front of the divider.
5
would have, been out of. balance.. In other words , there would
" '. . 6 have been a shortage without those files behind the divider ;
but that simply increased the amount of the shortage .
g
. . . Q When Mrs . Tolson would make up deposit recei-pt..
9 for checks and cash that she received during the course of
a day or two days , how did that transaction get to the office
11 that kept the ledgers for all subsequent accounting purposes?
12 Is my question clear?
` 13 A No , I 'm afraid I don't quite understand the
14 question.
15 Q When 'Mrs . Tolson would receive money in her
r
s .
16
possession in the Treasurer' s Office , that money subsequently
17 had to be deposited., correct?
r 18
A Yes , sir. That' s correct.
19
Q Any money which was received and/or deposited
K -
20
had to -- that evidently had to get to another portion of
.' 21
: the Treasurer' s Office for further accounting purposes to
22
xT
f
show what the moneys were which were received versus what
�* 23
may subsequently have to be paid out , and some ledgers
Ir 24
rT
had to be kept?
25
A Yes , sir.
;..:, 26
Q What would be the next step after Mrs . Tolson
1213) 437-1327 MAC:AULEY Fk MANNING. SANTA ANA. CALIF. (7)4) Z42-2317
,. 52
1 made a deposit from an accounting; standpoint?
2 A After the moneys are received in the office ,
:' then there' s a. deposit slip prepared. The amounts arc
4 entered into the appropriate ledgers , and the funds are
S taken to the bank for deposit .
L., 6
' Q Who kept the ledgers?
, { A airs. Tolson did,
Q If a person were to walk into the Treasurer' s
Office and give Mrs . Tolson $300 cash and Mrs . Tolson gave
:) 10 a receipt for that amount and then did not deposit the $300
cash; was there any accounting procedure set up which could
,.,
r
12 have detected this failure to deposit the $300 cash?
#ss "41.
4
13 A Not at that particular time.
14 Q At that particular time , what was the
4 '
� = 15
procedure by which it could be determined whether or not ,
16 'Airs . Tolson had deposited any cash that she had received?
17 A Well , the way that I 've conducted the
18 certification was to run a total of all of the outstanding
19 obligations which existed in the open file cabinet; and that
20 would reveal that there simply was not enough money in the
21 bank to cover those outstanding obligations .
22Q I£ cash was received by Mrs . Tolson and not
23 deposited , was there any way you would know the cash was
24 not deposited except by going into Airs . Tolson' s office and
t-P25
:
checking the files for cash receipts?
;. 0.. 26
A Not that I can think of.
:;`_ (213) 437.1327 MACAULEY & MANNING. SANTA ANA. CALIF. (714) 542.2317
f
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A2. ;1.2I:�5/75 western °union �'_�'� ~ u� �
IPh1,RNCZ CSP r.
*** * �
1 7145365.50:1 MG-M T;DRN ,HUNtifNGTON 8EA'CHVICA `152=05- 0713P= EST
# e
CITY OF HUNTINGTON BEACH
2000 MAIN ST
HUNTINGTON BEACH CA 92648
THIS MAILGRAM IS A CONFIRMATION COPY OF THE FOLLOWING MESSAGED
7145365501 NL TDRN HUNTINGTON BEACH CA 89 12-05 0713P EST
PMS THOMAS WHALING, DLR
16342 NIANTIC CIRLCE
HUNTINGT;;N BEACH CA 92649
SINCE YOU DID NOT RECEIVE MY LETTER I AM SENDING A. TELEGRAM TO YOU.
AS AN ELECTED OFFICIAL I WOULD BE HAPPY TO DISCUSS ANY PROBLEMS OR
QUESTIONS YOU MAY HAVE AND TO FIND INFORMATION FOR YOU, I WILL BE
AVAILABLE BEFORE THE NEXT COUNCIL, MEETING TO MEET WITH YOU. IT
APPEARS THAT BY MAKING CONTINUAL ALLEGATIONS AT THE COUNCIL MEETING
YOU MAY BE MORE INTERESTED IN MAKING HEADLINES THAN GATHERING
INFORMATION. I HOPE THIS IS NOT TRUE, PLEASE CALL ME FOR AN
APPOINTMENT AT 846-0212.
HARRIETT WIEDER MAYOR PRO TEM CITY OF HUNTINGTON BEACH
19: 13 EST
MGMSNAT HSB
r
p ECEOd �
D
D E C 1975
CITY OF HUNTINGTON BEACH
ADMINISTRATIVE OFFICE
N
V
N
REPLY BY MAILGRAM - SEE REVERSE SIDE FOR WESTERN UNION'S TOLL - FREE PHONE NUMBERS
t
TO REPLY BY MAILGRAM, PHONE WESTERN UNION TOLL FREE ANY TIME, DAY OR NIGHT:
ALABAMA . . . . . . . . . . . . . . . . . . 800 325 5300 NEW YORK
ARIZONA . . . . . . . . . . . . . . . . . . 800 648 4100 Areas 315,518,607&716. . . . . . . . 800 257 2221
ARKANSAS . . . . . . . . . . . . . . . . . 800 325 5100 Areas 212,516&914 . . . . . . . . . . 800 257 2211
CALIFORNIA. . . . . . . . . . . . . . . . . 800 648 4100 Except Manhattan . . . . . . . . . . . . .962 7111
COLORADS. . . . . . . . . . . . . . . . . . 800 325 5400 Bronx . . . . . . . . . . . . . . .962 7111
CONNECTICUT. . . . . . . . . . . . . . . . 800 257 2211 Queens . . . . . . . . . . . . . . .459 8100
DELAWARE. . . . . . . . . . . . . . . . . . 800 257 2211 Brooklyn . . . . . . . . . . . . . .459 8100
DISTRICT OF CO?UMBIA . . . . . . . . . 800 257 2211 NORTH CAROLINA . . . . . . . . . . . . 800 257 2231
F?ORiDA . . . . . . . . . . . . . . . . . . . 800 325 5500 NORTH DAKOTA.. . . . . . . . . . . . . . 800 325 5400
GEORGIA . . . . . . . . . . . . . . . . . . . 800 257 2231 OHIO . . . . . . . . . . . . . . . . . . . . . . 800 325 5300
IDAHO . . . . . . . . . . . . . . . . . . . . 800 648 4100 OKLAHOMA. . . . . . . . . . . . . . . . . . 800 325 5100
ILLINOIS . . . . . . . . . . . . . . . . . . . 800 325 5100 OREGON. . . . . . . . . . . . . . . . . . . . 800 648 4100
INOIANA . . . . . . . . . . . . . . . . . . . 803 325 5200 PENNSYLVANIA
IOWA. . . . . . . . . . . . . . . . . . . . . . 800 325 5100 Areas 215&717. . . . . . . . . . . . . . 800 257 2211
KANSAS . . . . . . . . . . . . . . . . . . . . 800 325 5100 Areas 412&814. . . . . . . . . . . . . . 800 257 2221
KENTUC SY. . a . . . . . . . . . . . . . . . 800 325 5100 RHODE ISLAND . . . . . . . . . . . . . . . 800 257 2221
LOUISIANA. . . . . . . . . . . . . . . . . . 800 325 5300 SOUTH CAROLINA . . . . . . . . . . . . . 800 257 2231
MAONE . . . . . . . . . . . . . . . . . . . . 800 257 2231 SOUTH DAKOTA . . . . . . . . . . . . . . 800 325 5300
MARYLAND . . . . . . . . . . . . . . ... . 800 257 2211 TENNESSEE. . . . . . . . . . . . . . . . . . 800 325 5100
MASSACHUSETTS. . . . . . . . . . . . . . 800 257 2221 TEXAS . . . . . . . . . . . . . . . . . . . . 800 325 5300
MiCHIGAN . . . . . . . . . . . . . . . . . . 800 325 5300 UTAH. . . . . . . . . . . . . . . . . . . . . . 800 648 4100
MlltfIESCTA . . . . . . . . . . . . . . . . . 800 325 5300 VERMONT . . . . . . . . . . . . . . . . . . 800 257 2221
MISSGSSIPPI. . . . . . . . . . . . . . . . . . 800 325 5200 VIRGINIA . . . . . . . . . . . . . . . . . . 800 257 2221
MISSOURI . . . . . . . . . . . . . . . . . . 800 342 5700 WASHINGTON . . . . . . . . . . . . . . . . 800 648 4500
Il!'307ANA . . . . . . . . . . . . . . . . . . 800 325 5500 WEST VIRGINIA . . . . . . . . . . . . . . . 800 257 2221
NEBRASKA . . . . . . . . . . . . . . . . . . 800 325 5100 WISCONSIN . . . . . . . . . . . . ... . . . . 800 325 5200
NEVADA . . . . . . . . . . . . . . . . . . . 800 992 5700 WYOMING. . . . . . . . . . . . . . . . . . . 800 648 4500
NEW HAMPSHIRE . . . . . . . . . . . . . . 800 257 2221
NEVV.;ERSZY . . . . . . . . . . . . . . . . . 800 6322271
NEW ffEXIC®. . . . . . . . . . . . . . . . . 800 325 5400 } ,
7
OR 0,Al WESTERM UNION'S INFOMASTER SYSTEM DIRECTLY: .
FROM TELEX . . . . . . . . . . . . . . . . . 6161 FROM TWX . . . . . . . . . . . . . 910 420 1212
7® _
. City ®f Huntington Beach
B P.O. BOX ISO CALIFORNIA 92648,
OFFICE OF THE CITY ADMINISTRATOR
December 8, 1975
Thomas M. Whaling
Attorney at Law
218 Main Street
Huntington Beach, California 92648
Dear Mr. Whaling:
As you know, it takes time to gather information. We are doing
our best to respond promptly to your frequent inquiries, but
normal city business must receive first priority.
The following information is offered in response to your letter
• of November 24, 1975:
1. Oil Barrel Tax
(a) Your question regarding the oil barrel tax was answered
in a previous letter.
(b) The minutes of June 12, 1972 are quoted: "Following dis-
cussion, on motion by Matney, Council directed that all excess
money derived from the oil production business license tax
be put into a specially established fund under which expendi-
tures cannot be made except as authorized by Council." Since
there have never been "excess funds" from this source, no
special fund has been established.
2. Mayor's Ad Hoc Committee
The City Attorney finds nothing in City Charter Article VIII which
prohibits the Mayor from appointing an ad hoc committee. .It is
consistent with the duties of the Mayor's office that she may appoint
ad hoc committees , and the Mayor is expressly authorized to perform
duties consistent with the office, as may be imposed by the City
Council under Section 504 of the City Charter. As mentioned in an
earlier response to you, the appointments were not made unilaterally;
the members of the committee were unanimously appointed by the Council.
Telepbone (714) 536-5201
8
Thomas M. Whaling -2- December 8,, 1975
t
3. Accounting $ Financial Control Procedures
(a) The basis of the increase in the citizen' s water bill this
year was economics. . Prior to a recent increase, customer rates
had increased .17% in the previous 10 years while the cost to the
utility of purchased and pumped water had increased 110% and 55%
respectively. Energy and material costs have increased at an
even higher rate. Wages have increased to meet higher costs of
living. The water utility was faced with a negative cash . flow
which had to be stopped in _order to maintain viability and con-
tingency funds . The rates were increased in accordance with
conclusions reached by a Water Rate Study completed in March, 1975,` ;=?
and subsequently submitted to members . of the Council and the Eco-
nomic Advisory Commission. Copies of this study, which addressed
itself to the present and future requirements of the utility, are
on file in the Public Works Department and available for, exam-
ination.
There are no water or energy costs assignable to Huntington Lake,;
Talbert Lake, however, does have assignable costs. During the k
Fiscal Year 1974-75 , 914. 65 acre feet of water were pumped into
Talbert Lake. At current pump tax rates of $22 per acre foot,
this represents an expenditure of $20 ,122. 30 to ,keep the lake
at similar levels . The energy costs to pump this water in 1974-
. � 75 _were $8 ,800. 49 and this :year .will increase to approximately
$10,000. Total estimated costs for water and energy during . 1975-
76 are projected to be $30,000 if the present operation is con-
tinued.
(b) Participation agreements are in the process of being collec,ted. :
As of November 21, 1915 , requests for billing to the Finance
Department for all Arterial Highway Financing Program projects
have been made. The Federal and State funded Beach Boulevard. pro-
jects will be billed upon completion of the final report before
the end of December.
(c) (1) The problem has been corrected. We now have an automated
accounts receivable system which includes subsidiary accounts.
(2) We are currently in the process of valuating fixed assets.
We have .nearly completed a full inventory which includes the
water system and we estimate the entire program will be com-
pleted and fully recorded by April 1, 1976.
.(3) Our accounts payable control clerk passed away on
October 1 , 1975.. A new clerk is being trained to ensure
full review of purchases , .proper payments , etc. We expect
the position to be brought to a higher level of effectiveness .
and efficiency.
(4) Personnel Department officers are reviewing record
procedures in order to. establish programs to remedy any
problems which might exist.
1
Thomas M. Whalin• -3- December 8, 1975
• (5) The establishment of a Contracts Administrator in the
Finance Department has been implemented in order to remedy
previous weaknesses.
(6) New control procedures are being implemented in Data
Processing.
4 . City' s Financial Condition
(a) A financial report has been sent to you.
(b) The City Council all received copies of the response to
your letter.
(c) The Internal Auditor has prepared a rough draft of procedures
to be followed. Staff is currently evaluating and refining prod-
cedures to produce the most efficient system.
(d) (1) Developments arising from the California Animal Control
review were covered in essence in the previous reply to
Mr. Whaling dated October 23, 1975 ; in addition, one of the
prime considerations of default that--in the end--precip-
itated the City' s decision to terminate a contract with CAC,
was the fact that the latter was unable or unwilling to
allow the City' s Auditor to have access to their books, re-
cords and supporting documents . The status report to the
O City Council regarding the above, as well as numerous other
significant matters , is in the final stage of completion.
(2) The Sheraton Beach Inn is presently in the final stages
of transferring ownership of the properties and thus , any
required approval by the City as to this transfer will be
contingent upon not only bringing all delinquencies current
but in all probability, will necessitate rewriting of the
basic agreement which would better protect the City' s inter-
ests in the future and aid in clarying the considerable
cloudy language in the original agreement . At this time ,
the ground lease rent to the City is two months in delin-
quency and the same would be said for the occupancy transient
tax, the combined total of which is approximately $21,000 to
date. Notices of default have been sent out to the management
of the Sheraton Beach Inn within the past several days by
.the City Attorney' s Office.
Items 3, 4 , 5 and 6 have not been conducted by the Internal
Auditor at this time, but will be included in the auditing
schedule over the next twelve months .
S. City' s Computer
(a) The use of our computer by a private firm does not violate
• requirements for LEAA funding. One disc plus line adaptation
were added to the computer and are fully dedicated to police
command and control . We have only one private user who comes
in three or four times a month for short periods �of time while
Thomas M. Whaling -4- December 8 , 1975
• in the presence of Finance Department staff; the user does not
have access to command and control files . Non data-processing
people will not be allowed in the computer room. n
(b) There are no written procedures regarding the above policy.
(c) A recent cost benefit analysis has not been undertaken but
common sense dictates that the expense of hiring people to per;-
form manually the work done by the computer would be far more
than our present costs . Loss of speed and accuracy would also
result in additional costs .
6. Expenses of City Council and City Attorney
(a) The City does have the authority to pay for repair of a
councilmember's private vehicle if damages occur while on City
business.
(b) The Council receives the same benefits as the Executive
Management Team, which includes a health and dental plan.
(c) The City Council has authority under the Charter to employ
special counsel for the City for any prosecutions , litigation
or other legal matters or business which would include any per-
sonnet matter in which the City Attorney is disqualified from
representing the City by reason of a conflict of interest.
(d) Many departments maintain copies of records which include
financial information as a. part . of their day-to-.day operating.
files . , The Finance Department is charged with maintaining all
financial records, but this does not preclude duplicate infor-
mation within departments , including the office of the City
Council. The Council secretary keeps copies of requests for
reimbursement. All original bills that come into the Council
office are forwarded to the Finance Department .
7. City Insurance
(a) The Workers Compensation policy for .the City is now with
State Compensation . Insurance Company, the body established .by
the .State of California to administer public entity compensation
insurance. The basic alternative is to go self . insured to some
degree in the future. The City's liability insurance package is
currently being bid to the insurance industry underwriters by our
brokers, Jones , Gillespie .and Goppert .
(b) Liability insurance -policies cover liability caused or created
by violations of regulations or codes , regardless of the body
responsible for their imposition. The City does its best to comply
with all such regulations through its Fire Marshal and City Safety
• Officer.
Thomas M. Whaling - 5- December 8, 1975
(c) The City Treasurer was appointed as City Risk Manager by
the Administrator with concurrance of the City Council as of
July 1975. The responsibility of Risk Manager is not mentioned
in the City Charter.
8 . Redevelopment
(a) On December 10, 1973, Judge William S. Lee of the Orange
County Superior Court approved a stipulation which imposed a mor-
atorium on the litigation. The term of the moratorium is three
years and is scheduled to expire December 10 , 1976 .
(b) Studies have shown that of those going to the beach, only
about 15% are from Huntington Beach, but when it .comes to paying
for beach improvements , maintenance and lifeguards, it is the
local taxpayer who picks up the tab. Who owns and. pays for the
beach operation has little to do with designation of the area as.
"destination resort" because under either State or City ownership,
the beach will still be there.
(c) The City's annual budget represents a plan of priorities .
Department Heads present recommendations for priorities in .ther
departments which reflect informal Council and community input
over the year. These recommendations are presented to the Council
who set final priorities . After public hearings , the final budget
® represents what the Councilmembers believe to be the priorities
that the community as a whole wants and needs .
(d:) The Huntington Beach Company has indicated a desire to parr
ticipate in funding the San Diego Freeway offramp study and the
City is willing to accept as much aid as possible from this
private company in paying for the study.
(e) Parking lots can be purchased in a multitude of ways ; parking
districts , parking authorities , sale of surplus property and
reinvestment into other properties in the downtown area--all of
which will be studied as possibilities .
9. Assessment District Mapping
One of the greatest concerns expressed by the residents in the pro
posed assessment district was the methodology and data used by the
district. engineer to determine the spreading of project costs to
each parcel of land. Dart of the original data used- by this engineer,, .,
was the U.S.' Geological Survey Map.
This map can only be used for preliminary cost spreading since:
(a) The area in Question has had major changes in topographic
features in some areas due -to construction and grading (elimn
ation of sumps) that has occurred in the past ten years .
(b) The scale at which the� U.S. Geological Map is prepared,
(1"=2000" horizontal and 5", contour intervals) does not lend
Thomas M. Whaling -6- December 8, 1975
® itself to detailed analysis to determine the extent of flooding
that would occur. To use this map as the base data would force
the staff to extrapolate contour intervals from 5' to one-half
foot intervals which would be only approximations and would decrease
the validity of analysis .
In order to propose a valid cost spread for this district, a recent,
large scale, one foot contour interval map, which meets National
Mapping Standards, is required. An error of 11 in elevation could
mean the difference to a property owner of hundreds of dollars in the
assessed cost.
Sincerely,
Norma Brandel Gibbs
Mayor
NBGJC/p
}`
' 10
.1 nomas M. Whaling • Attorney at Law
218 Main Street
Huntington Beach, California 92648
(714)536-8841
Honorable Mayor and
City Council of
Huntington Beach y
Dear Mrs. Gibbs:
Your letter did not respond- to the questions that I asked.
But, rather than going over in detail those questions again
I would like to ask you tonight to have the courage to ask
for Mr. Rowlands' resignation. I believe:; that that would
show vision and courage.
I am a little surprised that you have taken no initiative on
the Oil Barrel Tax, since in your letter that was received by
me last Friday you advised me that you were just delaying the
Oil Barrel Tax until you could see if the City needed the
revenue. The memorandum from Arguello to Rowlands on
November 11, 1975 indicates a need for such revenue. Why
not ask for this tonight also.
I have been attempting to get the Telos report on the computer
and it does not seem to be available in City Hall. I would
appreciate you providing me with this.
It amazes me that the City Council under your leadership,:; .at the
last City Council meeting asked Mr. Rowlands to look into the
possibility of transferring the most efficient operating
Department in this City Government to the State. I would
certainly hope that the next move would not be to turn over
our police force to the Sheriff ' s Department to save money.
And, I would certainly hope that you are not contemplating
firing the Financial Manager in lieu of terminating Mr. Rowlands.
I believe that you, Mrs. Gibbs, have personally participated
in the protection of Mr. Rowlands because your own financial
house is not in order. I would like to illustrate some of
the accounting that you provide to this City:
1. On 9/21/71 you received $200. 00 on check #24998 .
There has been no Purchase Order where there was any approval
for payment to you of this money.
2. On 9/18/73 there was a payment to Huntington Auto
Service for $145. 58. This was contained in check #043143 for a
car repair on a City 1973 Polara, Vehicle License # 608868
based on an estimate from Huntington Auto Service dated 8/10/73 .
I could not •find a police report on this accident, but I have
been advised that you were involved in the accident. But,
what is even more curious is that on 12/11/73 Huntington Auto
was paid $145. 58 again for the same work. This money was included
in check #045097.
Why wasn' t this auto accident reported by you and why
are there two payments?
3. On 11/19/73 you recieved check #44707 in the
amount of $350. 00. This was purportedly for a trip to Puerto
Rico. You did not go to Puerto Ricco. I could find no
reimbursement to the City.
4. on .3/22/75 a round trip ticket was paid for by
the City in the sum of $376. 10 for your travel to Washington.
D.C. On that same date payment was made for Mrs. Weider in
the sum of $276. 73 for a round trip ticket. This is found
on Purchase Order 29996 and Check # 062037. On that same
trip Mr. David Rowlands round trip was $386. 10.
Please explain the $100. 00 discrepancy.
5. On 11/14/75 you received reimbursement for car
reWr - check #071832. This was for your own 1971 Javelin?
What was this for?
It would seem to me that the citizens would be better benefited
if you also would resign, unless the statements I make concerning
your expenditures ar olly above reproach.
Thank you ve much.
T MA ING
Thomas M. Whaling • Attorney at Law
218 Main Street
Huntington Beach, California 92648
(714)536-8841
November 24, 1975 "`' IVE0
.31 IF.
Huntington Beach City Council. r'a
2000 Main Street
Huntington Beach, California
Honorable Mayor and
Members of the City Council:
I have waited patiently for the response to my
November 3, 197-5 letter and to date I have received none. I
have attempted to find out 'information relating to my requests,
but have been frustrated completely. Therefore., in. view of the
Council' s failure to respond either in writing or orally., I wish
to document my claim that the Council is participating overtly or
inadvertently. in a.coverup of inefficient adminstration. I shall
outline my charges by category and be present on December 8, 1975
to see if you' ll answer these charges or enlinghten the public.
1. OIL BARREL TAX (Oil Production Business License Tax)
I have- reviewed. the certified official Council ' s minutes for June
17, 1975 and June 181 1975. A two cent increase from eight ( . 08)
cents to ten( . 10) cents was voted in on. June 17 , 1975 but never
rescinded. There is no tape showing that this tax was rescinded
at any time: . If this action .-was taken in some undocumented executive
session, it is a violation of Government Code 5495.0 (Brown Act)
etc. I would like that tax collected forthwith.'
Additionally, I have reviewed the minutes .for. -the. past years and
have discovered that this Oil Barrel Tax was to, be put into a. special
fund (minutes of 6/12/72) and its expenditure had to be authorized
by the Council. I have been unable to locate .this fund in the City
accounting procedure. I , therefore, .would like .to ask for an .audit .
of this fund and its approved expenditures... Also, :please advise .
as to the procedure of contract management for. collecting. this tax.
2. Private citizens committee examining Councilman Matney' s
charges against City Administrator Rowlands:
I have not had a response to my charge on September 22, 1975 that .the
Mayor may not unilaterally, appoint a committee or replacements thereof
to conduct a hearing on the charges brought by Matney against
Rowlands. Such action is a violation of the City Charter, Article
VIII.
3. City's Accounting and Financial Control Procedures
A review of the most recent (1975) audit report reveals that:
A. There are an inadequate. or non-existent subsidiary
ledgers for accounts receivable (revenue) . .
B. There are incomplete records relating to the City' s
fixed assets.
C. There are inadequate or non-existent procedures for
handling and review of City purchases. . .
D. There are incomplete personnel records.
. E. There are substantial weaknesses in our contract
management.
F. There is a need for better control procedures to be
established for our Date. Processing.
The reason I bring this to . your attention is that the following
questions come to mind as the result of the above observations :
I. What was the basis of the increase in the citizen' s
Water bill this year?. What- is the cost of water and electricity
for Huntington Lake?
II. What has happened to the- $ 400, 000. 00 .which was and
probably still is reimbursable to this City for contracts as
far back. as 1973 referred to in an audit report to the. City?
What' s status of our contingency Fund? What .is it' s projected
deficiency?
III. What is. the status, of City Administrator's response
to these above audit comments (A) - (F) ?
4. City' s Current Financial Condition.' .
The following questions are asked:
I. Why have you refused to .answer my question of October 8,
1975 again of November 3, 1175 asking what is the. financial condition
of the City?
II. Have you -ever read the City' Administrator's purported
response of October 23, 1975 to my questions relating to the City' s
-2-
financial condition? (He completely skirted the issues relating
to these matters -- and then claimed that his answers cost thousands
of dollars) Do you feel he answered them?
III. (On October 8, 19.75 I had„ asked when were you going
to include a financial impact statement on .all purposed legislation
and City directed action. The Economic Advisory Commission had
passed a resolution on November 4 , 1975 on this. very point. ) What
is being done to implement this?
IV. Where is the audit of the following:
A. CAC contract?
B. Sheraton contract?
C. Private and other public agency Computer use?
D. Central Park Concessionaires?
E. Cash disbursements?
F. Library Fund?
5. City's Computer.
The following questions are asked:
I. Since this computer is .partially funded by an LEAA
grant is- the present accessibility by private firms and other
Cities a violation of our agreement for� Federal Funding?
II. What written procedures exist .within. the City relating
to insuring the right of privacy to its citizens when other parties
use this computer besides the Police Department?
III. What financial cost benefit has been shown by the
use of this computer?
6. City Council's Expenses and City Attorney Expenses.
The following questions are .asked, but do not mean to imply that
such conduct has happened:
I. Does City have authority to pay for repair of any City
Council member' s private car? Please explain.. . .
II. Does City have authority to pay . for medical exam. of any
City Councilmen? Please explain.'
III. . Does the City have authority to pay for any. expenses
/ of the City Attorney. in his employment of. an Attorney for either
personnel grievance hearings or pending criminal accusations? Please
explain.
IV. Is the secretary to the Council authorized to take
financial information from the offices of the Financial Department
-3-
and maintain these files as the Council' s files?
7. City' s Insurance Problem.
The following questions are asked:
I. Are the liability and Workman' s Compensation Policies
going .out for bid? When?
II.. Will we. be covered-under any future liability Policy
if it is discovered that the City has violated California OSHA
regulations and City Fire Codes at our Library? . Have we .complied
with these regulations?
III. What is the duty of the City Treasurer by Charter
with respect to this matter?
8. Redevelopment.._
The following questions are asked
I.. What is the status of the Terry, et al. vs City
of Huntington Beach Lawsuit, :Case,. # 181149, -Superior Court,
Orange County?
II. What is. the purpose .of . turning .pyer our Beach to. the
State if this is to be a "destination-resort" area? ( I think
this power play by Mr. Rowlands is absurd: )
III Why haven't priorities been established to determine
where this City' s Tax monies are to be spent this 1975-1976 Fiscal
year? (tax wise) (Downtown deserves a break and we are the most
economical And financially beneficial development the City has seen
in the past few years. )
IV. Hearsay has it that the. Huntington Beach Co. (Standard
Oil) desires to pay for the San Diego Freeway offramp. study going
into their properties at Huntington. .Center? Is this true? If so
this budgeted and approved. monie6 would be used here.
V.. . Why can't .parking lots for this area be purchased with .
Property- tradeoffs-not costing. the City. any tax .dollars? '
9. Assessment District.:
The following questions are asked:
I. Why can't the City use ,the b.S. . Geological Survey (1975)
Contour maps which have 20 contours. on a scale of 1" for . 2000 feet,
in place of the expensive ortho photomapping or photogramettry
-4-
presently comtemplated? They can be acquired of '$.75 from any
reputable Map Company or:
U.S. Geological Survey
Public Inquiries Office .
300 Los Angeles Blvd.
Los Angeles, Calif.
All of the above questions could be. avoided (and you'd save
thousands of dollars and show the citizens you had vision and
leadership) if you'd make the records easily accessible and readily
discernible.
Respectfully yours,
TH NG
TMW/slz
v Thomas M. Whaling • Attorney at Law
218 Main Street
Huntington Beach, California 92648
(714)536-8841
l: IV�
November 24, 1975
Huntington Beach City Council.
2000 Main Street . MM �1
Huntington Beach, California
Honorable Mayor and.
Members of the .City Council :
I have waited patiently fo.r . the response to my
November 3, 1975 letter and .to date I have received none. I
have attempted to find out information -relating to my -"requests; .
but have been frustrated completely. Therefore, in .view of the
Council' s failure to respond: either in writing or orally, I wish
to document. my claim that the Council is participating overtly or
inadvertently in a coverup of inefficient •adminstration.. I shall
outline my charges by category and be present on. December 8, 1575
to see if you'll answer these charges or enlinghten the public.
1. OIL BARREL TAX (Oil .Production Business License .Tax)
I have reviewed the certified official Council ' s minutes for June
17, 1975 and June 18 , 1975, A two cent increase- from eight ( . 08)
cents to ten(. 10) cents was voted in on June 17 , 1975 but never
rescinded. There is no tape showing that this tax was rescinded
at any time. ' If this action was taken in some undocumented executive
session, it is a violation of Government Code. 54950 (Brown Act).
etc. I would like that tax collected forthwith. .
Additionally, I have reviewed the .minutes for the past years and
have discovered that this Oil Barrel Tax was to be put into a special
fund (minutes of 6/12/72) and its expenditure had to be .authorized
by the Council. I have been. unable to locate this fund in the City
accounting procedure. I, therefore, would like: to ask for an .audit
of this fund and its approved. expenditures. ' Also, .please advise
as to the procedure of contract_ management for collecting this tax.
2. Private citizens committee examining Councilman Matney' s
charges against City Administrator Rowlands.
I have not had a response to my charge on September 22, 1975 that the
Mayor may not unilaterally appoint a committee or replacements thereof
• i
Es'•
to conduct a hearing on the charges brought by Matney against
Rowlands. Such action is a violation of the City Charter, Article
VIII.
3. City' s Accounting and Financial Control Procedures
A review .of the most recent (1975) audit report reveals that:
A. .There are an inadequate or non-existent subsidiary
ledgers for accounts receivable (revenue) .
B. There are incomplete records relating to the City' s
fixed assets.
C. There are inadequate or non-existent procedures for
handling and .review of City purchases. .
D. There are incomplete .personnel records.
E. There are substantial weaknesses in our contract
management: .
F. There is a need for better control procedures to be
established for our Data. Processing.
The reason I bring. this. to your attention is that the following
questions come . to mind as the result of the above observations:
I. What was the basis of the increase in the citizen' s
water bill this year? What is the cost of water and electricity
for Huntington Lake?
II. . What has, happened :to the $ 4001000. 00 which was and
probably- still is reimbursable to this City for contracts as
far back as 1973 referred. to in an audit report to the. City? .
What' s status of our contingency Fund? What is it' s projected
deficiency?
III. What is. the status of City Administrator's response
to these above audit comments (A) (F) ?
4. City' s Current Financial Condition.
The following questions are asked:
I. Why have you refused to answer .my question. of: October 8,
1975 again of November 3, 1975 asking what is the. financial condition
of the City?
II. Have you ever read the City Administrator 's purported
response of October 23, 1975 to my questions relating to the City' s
-2-
C:i•
financial condition? (He completely skirted the issues relating
to these matters -- and then claimed that his answers cost thousands
of dollars) Do you feel he answered them?
III. (On October 8, 19.75 I had. asked when were you going
to include a financial impact statement on .all purposed legislation
and City directed action. The Economic Advisory Commission had
.passed a resolution on November 4 , 1975. on this very point. ) What
is being done to. imp.lement this? ,. .
IV. Where is the audit of the following:
A. CAC contract?
B. Sheraton contract?
C. Private and other public agency Computer use?
D. Central Park Concessionaires?
E. Cash disbursements?
F. Library Fund?
5. City' s Computer.
The following questions are asked: .
I. Since this computer is partially funded by an LEAA
grant is- the present accessability by private firms and other
Cities a violation of our agreement for.- Federal Funding?
II. What written procedures exist- within.- the City relating
to insuring the right of privacy to its citizens when other parties
use this computer besides the Police Department?
III. What financial cost benefit has been shown by the
use of this computer?
6. City Council' s Expenses and City Attorney Expenses.
The following questions are .asked, but do not mean to imply that
such conduct has happened:
I. Does City have authority .to pay for repair of any City
Council member' s private .car? Please explain.
II. Does City have authority to pay .for medical exam of any
City Councilmen? Please explain.
III. Does the City have .authority to pay. for any expenses
of :the City Attorney in his employment of an Attorney for either
per sonnel � grievance hearings or pending criminal accusations? Please
explain.
IV. Is the secretary to the Council authorized-. to take
financial information from the offices of the Financial Department
-3-
and maintain these files as the Council' s files?
7. City' s Insurance Problem.
The following questions are asked:
I. Are the liability and Workman' s Compensation Policies
going out for bid? When?
II. Will we be . covered..under any future liability Policy
if .it is discovered that the City has violated California OSHA
regulations and City Fire Codes at our Library? . Have we complied
with these regulations?
III. what is the duty of the City Treasurer by Charter
with respect to .this matter?
8. Redevelopment.
The following questions. are asked:
I.. . What is the status of the Terry, et al. vs. City.
of Huntington -Beach Lawsuit, .Case # 18114.9, Superior . Court,
Orange County?
II. . What is the purpose of turning. over. our Beach to the
State if this is to be a "destination-"resort" area? ( I think
this power play by Mr. Rowlands is absurd: )
III. Why haven't priorities been established to determine
where this City' s Tax monies :are_ to be spent this 1975-197.6 Fiscal
year? (tax wise) (Downtown deserves a break. - and we are the most
economical and financially beneficial development the City has seen.
in the past few years. )
IV. Hearsay has it that the...'Huntington Beach Co.. ,(Standard
Oil) desires to pay for the San Diego Freeway offramp_: study going
into. their properties at Huntington, Center? Is this true? If. so
this budgeted and approved monies would be used here..'
V. Why can't parking lots for this area be purchased with
property tradeoffs not costing the City. any tax dollars? .
9. Assessment District.
The following questions are asked:
I. Why can't the City use the U.S. Geological Survey '(1975)
Contour maps which have 20 contours on a scale of 1".. for ' 2000 feet,
in place of the expensive ortho photomapping or photogramettry
-4-
presently comtemplated? They can be acquired of $.75 from any
reputable Map Company or:
U.S. Geological Survey
Public Inquiries Office .
300 Los Angeles Blvd.
Los Angeles, Calif.
All of the above questions could be avoided (and you'd save
thousands of dollars and show the citizens you had vision and
.leadership). if you'd make the records easily accessible and readily
discernible.
Respectfully yours,
TH NG
TMW/slz
; Thomas M. Whaling • Attorney at Law
218 Main Street
Huntington Beach, California 92648
(714)536-8841
November 3, 1975 Cil^y1VE0
cacr�13
Huntington Beach City Council ,g�51VOV
2000 Main Street S
Huntington Beach, Calif. !j 8
Honorable Mayor and Members of the City Council:
I very much appreciate the response of October 23 , 1975 to
my letters of. September 22 and October 8, 1975. While I strongly
disagree with those people who feel that citizens should not take
up the Council' s or the City Administrator' s time with such
requests for information, I present, in a spirit of conciliation,
to the Council just a few of the many contentions made by myself
that this is a poorly administrated City:
1. In answer to question Number 1, the City Administrator
states that the Council. received monthly financial statements and
summaries. Although I am not sure of the content of the financial
statement, I am sure that the citizens have not gotten the impression
from the Council that they are continuously aware of the financial
condition of the City. . So, I would ask you now to tell me at this ,
meeting, in order to save time, just what the financial condition
of the City really is.
The reason I ask this question is that Mr. Arguello' s letter
of -June 11, 1975, to Mr. Rowlands contained the following statement:
:. "I believe our position is. clear, as it has been for several
months, and that is. that we are continuing to be faced with revenue
deficiencies and that we must drastically curtail our expenditures
in order to counteract this situation. " In that letter Mr. Arguello
saw' an over expenditure of approximately $720, 000. 00 for the fiscal
year 1974-1975.
Additionally in the September 18 , 1975 minutes of the
Economic Advisory Commission (EAC) , . I . find references to an
impending. "doomsday budget exercise" in February 1976. If you can
assure me that we are in good financial condition at this time, I
will ask no .more questions on that point.
2. I would like to. advise the Council that many of the
- answers of the City Administrator were not direct and some were in
error. I- will give. you just a few. examples.
In question Number 4 , I asked what was the status of obtaining
Page 2
` Letter to City Council
new sources of tax revenue. The City Administrator advised me that
the Oil Tax has increased since he came here to ( . 08) 8 cents per
barrel. I wish to advise him that the Council ' s minutes of June 17 ,
1975 indicate that at page 2 under a Motion by Mr. Duke that they
were increased by 2 cents. I believe if the Council .will go back
and reconstruct the minutes that should put us at 10 cents per
barrel and I would like to know if we are collecting those monies.
Another answer (Question 14) that was in error related to the
authorization for City employees to use City vehicles for personal
reasons. In the answer Mr. Rowlands says that employees are not
authorized to use City vehicles for personal reasons. Yet on
June 12, 1975 Mr. Whipple of the City Administration told the EAC
that from 10% to 75% of the mileage on the City owned cars was for
personal use. I believe that the City Council should direct the
City administrator as to what the policy is concerning the use of
City vehicles. I feel that the City Administrator lacks candor.
I observe this trait from my reading of the following statement
contained in those same EAC minutes:
"That presently unresolved questions regarding the"fringe
benefit" status for employees with assigned vehicles has
aided significantly in delaying the final disposition of
the City' s Vechicle Policy. "
' I wish to say that the Planning Department -has been most
cooperative with me by providing me with information in response
to -my questions. But, I believe that they were misinformed by the
City Administrator in response to question Number 16. Government
Code Section 65862 went into effect on January 1, 1975 not on
March 15, 1975 and if this Section had -been implemented ._.by •our
Administrator (since the law was passed as Assembly Bill 2658
on May 31, 1974) this City would have had some additional revenue
during the assessment of January through March 1975.
I have not tried to go into detail on all the answers given
me because there are. three issues in this City- that are paramount
at this time, and I. intend to highlight these in the coming months.
The first, relates to whether or not the City is being
efficiently administered. The second relates to whether or not
this City is going to permit an aggrandizement of power in the hands
of a few by permitting the stacking .of commissions. The third
relates to a failure by the Council to respond to the citizen' s
requests for vision and leadership.
So far, no one on the Council has had the candor or strength
of character to tell me that the sole appointments by the Mayor
of a commission to review the charges. by Councilman Matney relating
to the City Administrator is either legal, fair or just. I would
Page 3
Letter to City Council
like to hear publicly from each of you tonight that .you have approved
this action.
I would also like to hear your commentary on the CAC audit
promised to be given to the Council tonight in the City Administrator' s
answer to Question :8.
Hopefully, I will appear at the next Council meeting personally
to respond to any statements that you make on this letter. I personally
challenge any of you to respond in writing or in the press to my claims.
Respectfully yours,
THOMAS M. WHALIING
Vim'
•
�� CITY OF HUNTINGTON BEACH CA 7 5-6 5
�`` COUNCIL ADMINISTRATOR COMMUNICATION
r ,
HUNTINGTON BEACH
To Honorable Mayor and From City Administrator
City Council Members
Subject RESPONSE. TO THOMAS Date October 23, 1975
WHALING INQUIRIES
Following is the response that will be sent to Mr. Thomas Whaling' s
inquiries as directed by the Council at its October 6., 1975 , meeting :
Question 1 .
Under Article VI , City Charter, Section 604 (d) has the City
Administrator kept the Council aware at all times of the financial
condition of the City?
(a) Has the City Council received at each Council meeting
pursuant to Article VII , Section , 706 (f) a monthly statement
of all revenues and expenditures in sufficient detail to show
the exact financial condition of the City?
Response
The Director of Finance submits monthly Financial Statements and
Summaries to .the City Council and City Administrator. Several members
of the City Council prefer to receive only the monthly summaries .
The City Council is also apprised of the City' s financial condition
during the budget sessions .
Question 2
What departmental cost-efficiency studies have been run by the
Administrator during his term in position? What have they revealed?
What has he done to implement these recommendations , if any? Why
was contract management just established in August, 1975?
Response
Several studies have been conducted since February, 1972 . The most
notable of these was the implementation of the Productivity Committee ' s
recommendation of the elimination of the Harbor Patrol with a net
cost savings of $200, 000 annually. Other studies include :
(a) Management Audit Report prepared by Coopers & Lybrand.
This study made several recommendations on reorganization,
procedure, etc. These recommendations were implemented.
Response to Thomas CA 75-65
Whaling Inquiries - 2- October 23, 1975
(b) Evaluation of Data Processing Operations by Telos
Computing , Inc. The consultant evaluated the Data Processing
operation. The Council also appointed a citizens committee
to review the operation. Both studies complimented the City
on its util.ization and operation of this program.
(c) In 1973 a study was conducted on the feasibility of
contracting park maintenance. The study showed that contract-
ing for the service would cost more than it would if the City
were to do it with its own work force.
(d) Other studies conducted by the Productivity Committee were
the 5% budget reduction, plan checking process , water quality
analysis , etc.
(e) Contracts management was implemented to ensure all contract
requirements were being met on all City contracts . The program
was instituted because of the deficiencies under the previous
system.
Question 3
What has the independent audit, established pursuant to Article XII ,
Section 1219 , revealed to the Council during the last three years?
(a) What has been the condition of the contingency fund
(Section 1212) during the last three years?
(b) What have been the major department areas of increase in
percentage of expenditures during the last three years? What
has this developed?
Response
The annual independent audits are on file in the City Clerk' s office
for public review. Mr. Whaling is invited to review these documents .
(a) Status of the Contingency Fund for the previous three
years is as follows : FY 1973 - $202 , 816 ; FY 1974 - $77, 329 ;
FY 1975 - $158 , 835. For FY 1976 , $1 , 746 ,000 was budgeted,
however, this figure includes the funds for the various employee
association agreements. Once all the agreements are settled it
is estimated the Contingency Furia will contain between $200 , 000
to $300, 000 .
(b) Increase in expenditure of major departments from FY 1973
to FY 1976 is as follows : Police - 50. 7% ; Building - 50 . 4% ;
I
Response to Thomas CA 75-65
Whaling Inquiries - 3- October 23, 1975
Library - 48 . 6% ; Fire - 44. 1% ; Recreation F, Parks - 42 . 7% ;
Public Works - 15. 4% .
In order to operate these various facilities and to .maintain
the 300%increase in parks and .recreation areas the number of
City employees rose from 666 in 1972 to 852 in 1975 , or an
increase of 186 employees . Further retrenchment has reduced
the number of full time employees by 30.; Department Directors
and the City Administrator are constantly analyzing areas
where additional reductions can be made. I think the City
Council , Department Directors and the City Administrator should
he complimented for "dreaming the impossible dream. " Here was
a situation where we were in a recession and the City' s revenues
were being reduced substantially; at the same time our employee
load had increased and large and costly facilities were coming
on- line virtually simultaneously. Over the long haul , the tax-
payers of this city will realize tremendous benefits . However,
it should be pointed out that we were in a real "financial
crunch. " The City Council exhibited excellent guidance and
leadership during these difficult times. I know of no other
city of our size in the Country that required the servicing of
such a large number of capital facilities in such a short
period of time.
Question 4
When has the City Administrator come before the Council to apprise
this body of what the major priorities in the City are and what the
status of these priorities are pursuant to Section 604 (c) and (d) ?
(a) What is the status of Law Suit with the Terry' s?
(b) What is the status of Downtown Development?
(c) What is the status of the Planning Area in Master Plan?
(d) What is the status of obtaining industry for Huntington
Beach?
(e) What is the status of obtaining new sources of Tax Revenue?
Response
The City Administrator informs the City Council of possible
priorities during the budget sessions and as they arise . It should
be understood that the City Council establishes priorities on inputs
from citizen groups, individual citizens , staff. , etc.
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Response to Thomas CA 75-65
Whaling Inquiries - -4- October 23, 1975
(a) You will recall that the court did not "throw out" the
agreement , but did indicate that it was "illusory. " The
moratorium was declared on this entire transaction until the
plan is developed and approved by the Planning Commission and
the City Council . The Judge was also concerned that the other
members of the class , in addition to Martha Holt and Bob Terry,
were also given adequate protection. This matter, hopefully,
will be resolved after the final plan is approved by the Council
before the end of this year. The court will , at that time ,
undoubtedly consider a modification of the agreement.
(b) The Downtown Merchants Guild was established early this
year to work with VTN and City staff on the downtown development
project . The DMG is as well informed on the program as this
office. Since you attend the DMG meetings , I believe you are
well informed of the status of the downtown development project.
(c) This question is ambiguous and unanswerable .
(d) The SEG (Staff Expeditor Group) under the direction of
the Economic Development Coordinator, Bill Back, was organized
and has worked effectively with many organizations .(commercial
and industrial) that have located in Huntington Beach. Develop-
ments at the Lusk site, the Edinger-Beach Complex and the
Kaiser-Aetna area are among the principal achievements of SEG.
It must also be noted that the budget for Economic Development
was increased to allow Mr. Back to advertise and .travel more
extensively to pursue industrial development for the City.
(e) Much work has been done to obtain new sources of revenue.
(1) Several City Managers , including myself, worked with
Bob Thomas and the then President of the Orange County
League of Cities , Bob Finnel , to work out the County
Revenue Sharing formula so that - the County would make
grants available to the cities in Orange County. To my
knowledge, this is the only county in the state , and
possibly the nation, that shares its General Revenue
Sharing monies with the cities .
(2) Upon my arrival in Huntington Beach, the oil tax per
barrel was 2 . 5� and it is now 8¢ per barrel .
(3) Through the valiant efforts of many people , AB 3611 ,
the Beach Revenue Bill , was passed by the Legislature
but vetoed by the Governor. The chances of getting the
bill through the Legislature were estimated at 5o to 100 .
Response to Thomas CA 75-65
Whaling Inquiries - 5- October 23, 1975
Although we defeated the overwhelming odds against us
in the Legislature, the Governor did not approve the bill.
(4) The adoption of the Real Property Transfer Tax
ordinance. The $965,000 resulting from this ordinance
during the recession year was certainly a godsend and a
windfall to the City. You will recall that through
constantly revising the 1974-75 Budget , the modified
budget presented to the City Council in January, 1975 ,
included overall cuts totaling $1 ,145 , 000. Without the
revenues that were generated from the Transfer Tax, the
City- would indeed have been in dire financial straits .
(S) Possible new sources of revenues could be the
establishment of user fees , i .e. , trash collection, . sewer
maintenance , etc . Another possible area could be in the
form of increasing all existing fees . The Council is
aware of these possibilities .
Question S
Since the City Council and the City Administrator became aware of
the Town Lot problem in August of 1974 relating to the procedure
whereby the City granted permits for building in the Town Lot area
and the South Coast and/or the State commission either denied these
permits or imposed conditions on them, what has been done to
relieve the pressures created by this problem? What is the
financial impact on the City of this problem?
Response
The City Planning staff has been working with both regional and
state commission staffs to attempt to resolve conflicting points of
view. Cop-current with that effort , the staff proceeded forward
with plans for the 5 specific plan areas identified in 1974. Area 1
has been adopted and the Coastal Commission is issuing permits for
projects approved under that ordinance. Area 2 was presented to
Council in conjunction with an assessment district. Upon failure
of that effort staff proceeded forward with a revised plan for
Area 2 and a plan for Area 3. These specific plans are in the
final stages of staff work and will be scheduled for Planning
Commission review shortly.
Specific plans for Areas 4 and 5 are in preliminary stages of
development by the Planning Department staff. Recently the staff
requested the State Coastal' Commission to provide ideas and
suggestions for Areas 4 and _S in the preliminary stages of our
. planning efforts so that the misunderstandings that have previously
74W
Response to Thomas CA 75-65
Whaling Inquiries -6- October 23 , . 1975
occurred will not happen again. The reply that came from Joseph
Bodovitz, Executive Director of the State Coastal Commission, was
that the Coastal Commission' s first priority is the Statewide
Coastal Plan and until that document is submitted to the State
Legislature they would not be able to commit staff time to the
Townlot problem. The earliest he anticiapted staff would be
available is the latter part of November.
Through the conflict between the City and Coastal Commission over
the Townlot Area, the City has continued to issue permits based on
existing zoning requirements and declared to the Coastal Commission
that each is a valid City permit.
Question 6
What information was given the Council in order for them to approve
the Sheraton Compromise of its indebtedness?
(a) Just what was the total amount of indebtedness?
(b) When was this amount of delinquency discovered?
(c) At what time did the City Administrator .discover that the
policy and procedures of evaluating this lease (that were being
implemented) were inadequate in this area?
(d) Why did it take so long to find out these facts?
Response
In May, 1975 , it was determined that the Sheraton Beach Inn ground
rent was in substantial arrears as well as the Occupancy Transient
Bed Tax. Both had delinquencies in excess of six months. How
the latter was allowed to accumulate to the extent that it did and
why it was not until June 6 , 1975 , that the respective accounts
were finally brought current (to the tune of $89 , 759 . 04 including
penalties) are valid reasons why the City now has instituted a
Contract Administration Program. The Contract Administrator has
responsibilities for monitoring any and all contracts , leases , and
agreements . The Internal Auditor will also be spot checking agree-
ments for conformity and performance to assure that the City is
receiving maximum benefit from its revenue sources to avoid such
problems from ever happening . again.
Question 7
What authority did the City Council have to approve in the CAC
contract a provision that allowed the City of. Seal Beach to use our
1 _
Response to Thomas CA 7S-65
Whaling Inquiries - 7- October 23, 1975
City properties without Seal Beach paying monies into our City
Treasury?
Response
The statement t.hat the City of Seal Beach used City . properties is
who,l.lyinaccurate. California Animal Control rented the shelter
facility from the City of Huntington Beach and did use the facility
to house animals picked up in Seal Beach. For that reason_ CAC
paid the City an extra $30 a month above the regular rent . of $300.
This additional amount , 10 percent of the regular rent , reflected
the approximate percentage of Seal Beach .to Huntington Beach. -
animals kept at the shelter..
Question 8
At what date was the City Administrator apprised by the Internal
City Auditor that there was .a delinquency in the CAC contract?
(a) When has the CAC contract been audited by the City?
Response
']'here had been an .ongoing review and/or audit of the CAC operations
from the period of early May, 197S , until the new modified contract
was signed and approved by City Council and CAC on August 25 , 1975.
The essentials of the review will be covered in substantially more
detail in a special report to the City . Council .by the Internal
Auditor (to be completed no later than October 30, 197S) .
The City Administrator was apprised of the lease payment delinquen-
cies by the Internal Auditor as soon as the latter became known in
early May , 197S ; California Animal Control was made aware of the .14
months ' delinquent rental payments and promptly forwarded a check
to the City for the amount due of $4, 200 .
Actions by the Internal Auditor played a significant role in the
following developments :
(1) The City' s liability insurance requirements of CAC were
upgraded and complied with by CAC.
(2) The City was compensated by CAC for nearly $600 in returned
checks from license fees .
(3) The City received nearly $36 , 000 in license fees in a
five day period (August llth through 15th) as a direct result
Response to Thomas CA 75-65
Whaling Inquiries -8- October 23 , 1975
of the conducted review by the Auditor ; if it had not been
collected prior to the modified agreement with CAC of August
25 , 1975 , it would have remained in their custody as per
provisions of the new agreement.
(4) The discovery was made that CAC was storing and impounding
Seal Beach animals at the City' s shelter and arrangement for
retroactive compensation for such use back to July 1, 1974,
was arranged.
(5) A recommendation that CAC hire a full time accountant/
office manager to effectively administer the entire Huntington
Beach shelter operation was implemented. At a later date , the
recommendation was given to CAC to hire a more competent
manager.
(6) The Auditor suggested modifying the previous CAC contract
allowing the contractor to operate out of licensing and shelter
income rather than a fixed allotment from the City. Adequate
safeguards were included which would protect both the City' s
interest and the contractor's cash flow.
Question 9
Who approved the compromise reached between the City and the
Huntington Beach Co . relating to the cost of Lifeguard and related
services on their properties for the years preceding their sale
of their properties to the State? What was that compromise?
Response
The Huntington Pacific Corporation spent $129, 784 on street
improvements and clean-up operations which met the requirements
of the agreement. In addition they spent $40 , 000 for a
sculpture to be exhibited at tie Civic Center. In. exchange for
these expenditures , the City provided lifeguard services on their
property. Our files on this matter reveal that City Attorney Don
Bonfa, Director of Harbors and Beaches Vince Moorhouse , Public
Works Director Bill Hartge and the City Administrator approved the
list of expenditures by the Huntington Pacific Corporation.
Question 10
Has the City Council reviewed the voting. record of all members of
the Economic Development Commission to determine that .Article VII ,
Section 709 has been adhered to?
(a) What about other commissions?
j
Response to Thomas CA 75-65
Whaling Inquiries -9- October 23 , 1975
Response
All commission minutes are_ sent to the City Council members .
These minutes reflect the votes of all commission members on
matters that come before them.
Question 11
A number of commissions have been established by the Council .
Jordan Van Thiel indicated in an open letter to the council that
he had a minority report. What is being done to insure minority
reports are in the hands of the council? What answers have been
given to his letter?.
Response
If minority reports are submitted they are transmitted to the City
Council . , Mr. Belsito personally discussed these questions with
Mr. Van Thiel and Mr. Van Thiel expressed satisfaction. After that
a policy was adopted with the Council on Aging on handling future
inquiries . (See Attachment A)
(Question 12
Why did the City Administrator on September 12 , 1975 , send a letter
to the City Administration in San Clemente saying "I feel the
service (California Animal Control) has been credible and satis-
factory"?
(a) What facts does he have to substantiate that statement?
(b) What was his relationship with CAC?
Response
Attached is the correspondence initiated by Ken Carr, City Manager
of San Clemente and myself (Attachment B) .
(a) Whatever their financial or managerial problems may have
been, California Animal Control ' s service was credible and
satisfactory. I believe that this description was substantiated
by interested residents who attended the September 16th public
hearing on the matter. At that hearing there were only a
handful of legitimate complaints regarding CAC service while
the majority of testimony was either complimentary to CAC or
concerned matters over which CAC had no control , i . e. , City
ordinances , fee structures and the suitability of the shelter
facility.
• r
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Response to Thomas CA 75-65
Whaling Inquiries - 10- October 23 , 1975
The City Attorney' s office has reported that the testimony
given at the hearing regarding CAC service would not provide
sufficient grounds for breaking the contract. i
My relationship to CAC was that of a City Administrator seeking
to provide a higher level of animal control services than is
otherwise available in Southern California without increasing
the number. of employees on the City payroll.
Question 13
At what date did the City Council authorize the City Administrator
to enter into negotiations with any City employee personnel organi-
zations and promise them the CHP Retirement Program?
(a) In the minutes of the May 18, 1972 , meeting between the
Fireman ' s organization and the City Administration is the
following. sentence :
"The City stated they opposed this program (CHP program)
unless the State legislature provided funds for its
implementation."
When did the City change its position?
(b) What will be the financial impact of this negotiation?
Response
(a) For the past four or five years the Huntington Beach Police
Officers ' Association has been talking in terms of the 2% at 50
CHP Plan. The City has been successful in delaying the imple-
mentation of this plan since the 1970- 71 period and it is
particularly important to realize that out of the nine cities
that we used as benchmarks for comparable wages and salaries ,
eight already have the CHP Plan. In addition, four other
smaller cities in the county have this plan or its equivalent- -
Westminster, Irvine , Costa Mesa, Buena Park. Of course,
Santa Ana and Anaheim, who are among the nine cities in the
benchmark group , also have the plan. At an Executive Session
of the Council held in August, 1974, there was a meeting to
discuss the Fire Employees ' Association regarding the CHP
retirement plan . At that time , it was agreed that the Plan
would become operative on July 1 , 1976 . During the discussion,
views were expressed concerning the inevitability of also
having the Plan apply to the Police Department at the same time
since in almost every instance where the Plan becomes effective
for one department it becomes operative for the other. It was
. my impression that the City Council approved the concept of
Response to Thomas CA 75-65
Whaling Inquiries -11- October 23 , 1975
goring to the CHP Plan for Police also as of July 1 , 1976 , and
correspondence which I subsequently had with Tris Swan confirms
my understanding of what occurred at the Executive Session.
The Executive Session Minutes do not disclose , obviously, any
formal action by the City Council , but the subject was discussed
in connection with the Fire Plan. Chiefs Picard and Robitaille ,
Ld 'Thompson and myself all recall these general discussions ,
but, unfortunately, the Minutes are brief and do not cover all
of the discussions . That is my recollection of what occurred
at this Executive Session.
It should be further pointed out that in subsequent negotiating
sessions, the POA elected to defer the implementation of the
CHP Plan until July 1 , 1978. Irrespective of when the Plan goes
into effect , the Council realizes that the total salary and
wage and fringe benefit package is a consideration during
negotiations . It the POA and the Fire Employees Association
ave the CHP Plan , then that will be a part of the total package.
Don Benninghoven, Executive Director of California League of
Cities , recently indicated that the Legislature would probably
not mandate the CHP Plan for Police and Firemen during the
Brown administration. Furthermore , Don indicated that the
Legislature was not inclined under SB 90 to appropriate the
$40 , 000 , 000 to $50, 000 , 000 required annually to fund this
retirement system.
In summary, I believe that the City' s negotiating team is to
be commended for delaying the implementation of the CHP Plan
for the Fire and POA until July 1 , 1976 , and July 1 , 1978 ,
respectively, particularly when it has been the policy of the
City Council to pay comparable wages and fringe benefits with
the survey cities , eight of which already have the CHP Plan.
(b) The Personnel Department estimates the annual cost for the
Fire Association to be $200 , 000 and for the Police Officers
Association to be $250 , 000.
Question 14
Are City employees authorized to drive around in City cars for
personal reasons , especially on weekends?
(a) Is it true that of the 109 cars that we have, only one is
an economy car (1973 Pinto , License #E613210) ?
(b) Why don' t we purchase economy cars?
Response to Thomas CA 75-65
Whaling Inquiries -1.2- October 23, 1975
Response
Employees are not authorized to use City vehicles for personal
reasons .
(a) This point is totally erroneous . The City in FY 1975
purchased five Courier pickups . It has also been policy to
purchase economical vehicles , such as the Plymouth Dusters
for various departments and Chevrolet Novas for the Police
Department. This year the only vehicles being purchased are
Police cars and several pickups for Public Works .
Question 15
What was the cost of cost efficiency study conducted by the City?
(referred to in Question 2)
(a) Why hasn' t it been presented to the Council?
Response
This question is vague and unanswerable.
Question 16
Has the City Administrator complied with Government Code 65862 which
requires the governing body of the City to report to the County
assessor any zoning change, zoning variance, or the granting of a
conditional use permit?
(a) This question is asked especially with respect to
property diagonally across from City Hall.
(b) What has the City Administrator done to seek legislative
i
help for property owners who have moratoriums relating to
development on their property because of current zoning
practices?
Response
Section 65862 is a new section of the Government Code which became
effective March 1 , 1975. The Planning Department was not aware
that this section of the Code had become effective . The Department
is notifying the Assessor of all zone changes', Conditional Use
Permits and Variances granted since March 1 , 1975 , and is develop-
ing procedures for proper notification in future actions .
r
Response to Thomas CA 75-65
Whaling Inquiries -13- October 23 , 1975
With respect to the property diagonally across from City Hall ,
the property is zoned C2-0 requiring that the project be processed
through the Administrative Review procedure. No Zone Change,
Conditional Use Permit, or Variance .was issued; thus , notification
to the County Assessor was unnecessary.
There are presently no moratoriums in Huntington Beach due to
zoning practices . There is , however, a moratorium in the Sunset
Heights area of Huntington Beach. The moratorium in this .instance
encompasses 16 acres of non-structurally .blighted lots. The
purpose of the moratorium is to allow time to formulate a program
for consolidation of these small lots into developable parcels .
The Planning Department is in the preliminary stages of formulating
such a program.
Question 17
Why did the City Administrator on September 19 , 1975 , choose to
deny information to Jordan Van Thiel by the subterfuge of saying
in essence "Go ask our Advisory Commission to ask your questions ;
and if they decide to ask them, we ' ll then decide if we' ll answer
them." .
(a) It' s strange that the Daily Pilot on October 7 , 1975 , had
Mike Rogers giving a report on the information sought by
Jordan Van Thiel (where the $66 , 000 . 00 was being spent) . Was
this approved by the City Administrator?
Response
The attached letter from Mr. Belsito to the Council on Aging is
self-explanatory. (Attachment A)
(a) The City Administrator does not have the authority to
approve or deny various Commission' s communications or reports .
Question 18
What is the status of the following matters :
(a) Reynolds Lease . What is the current monthly rent received
for t is property? Is that a reasonable amount?
(b) Williams Stables. Who is permitting the free use of the
City Dedicated lana on Ernest Street that is used as a parking
lot for the Williams Stables? (It' s been used for four (4)
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Response to Thomas CA 75-65
Whaling Inquiries -14- October 23, 1975
years) . Why was the deed signed over in November, 1970 not
recorded by the City till May 26 , 1972?
(c) Contingency Fund. Why wasn' t the Council aware of what
monies it has to provide for studies to determine feasibility
of drainage district alternatives on October 6 , 1975?
Response
(a) The Reynolds Stable which is operated on property owned
by the City of Huntington Beach was originally permitted to be
established by .the prior property owners. Previously, the
stables were located in Huntington Central Park prior to its
development. When the City commenced construction of the
Central Park, Mr. Reynolds located his operation south of
Taylor Avenue on private property. Subsequently, through
negotiations with the property owners , the City obtained title
to approximately 17. 2 acres which is located in Huntington
Central Park Phase III . The Reynolds Stables lease was included
in this transaction and, as a result, the City has received the
rental payments. At the time the property was acquired, the
lease called for a month-to-month tenancy. There is no current
existing formal lease for a specific term with Mrs . Reynolds ,
the current tenant. . Mrs . Reynolds and her attorney are
interested in obtaining some sort of formal lease to provide
some reasonable notice beyond 30 days in case the City desires
to terminate the relationship. This is being discussed with
Mr. Worthy, the Recreation and Parks Director. It has been
indicated to Mrs . Reynolds tha- there may be some violations
on the property involved and there would have to be compliance
with applicable City provisions before the City would execute
any lease . The monthly rent is $270 and subject to renegotiations .
(b) The property in question is a dedicated right of way for
a future street . The adjacent property is largely undeveloped.
Since grades have not been established, improvements are not
required by our ordinance . No one is permitted to park in the
easement , but because such use .does not interfere with any city
purpose no attempt has been made to restrict such use.
After the deed was executed November 10, 1970 , by the
Huntington Beach Company it was held in their office until
May 6 , 1972 , when it was transmitted to this office. During
that period of time discussions were going on regarding a
proposed agreement to establish the date of installation of the
street improvements .
Response to Thomas CA 75-65
Whaling InIquiries -15- October 23, 1975
(c) The Council expressed concern that if the Drainage
Assessment District was not formed the $25 , 000 needed for
the study would have to be absorbed in. the General Fund.
Since this is an unbudgeted item it naturally would be
funded from the Contingency Fund if the Assessment District
is not formed.
I hope this satisfactorily answers Mr. Whaling' s inquiries . It
must be pointed out that this continuous stream of inquiries is
consuming an inordinate amount of staff time that could be better
spent on the more pressing problems this city faces.
Respectfully submitted,
David D. Rowlands
City Administrator
DDR:eh
Attachments
September 19, 1975
Executive Committee
Huntington Beach Council on Aging
17th and Orange
Huntington Beach, California 92648
Attention: Mr. .Mike Rogers ,
Chairman
Gentlemen:
Since there has been some inisunderstandin�; concerning dissemination .
of information from the City Administrator' s Office to individual
members of boards and commissions , the following policy will be
adhered to by the City Administrator' s Office.
All requests relating to programs or all inquiries relating to
operations of said programs should be directed to the City Admin-
istrator' s Office in tho form of a request from the official gov-
erning body of said board or commission. Conversely, all requests
from the City Administrator' s Office or information distributed
from said office shall be transmitted to the official governing
body &A distribut6on or disposition. It is anticipated that this
procedure will eliminate the necessity .to respond to individual
requests. and improve the communications between City staff and
Council appointed boards and commissions.
To emphasise this policy I would like to clarify what transpired
on Tuesday, September 16, 197S, when Mr. Jordan Van Thiel and
Mr. Henry Kosstan appeared in my office and made certain requests
for answers to questions. I requested these genelemen to bring
their concerns to the attention of the Council on Aging and should
the 1xicutive Committee determine that their reqquests were valid,
that a lomal 'rbquest be made to the City Administrator's Office
and we would be .glad to respond. In no way did this office Zdarantee .
M
Couasil on Agin 030 ieptMrot ifo im
that Ind* at actions would be taken irrespective of the
desires of the Bxecutive Committee of the Council on /kiss.
I trust this policy will meet with the approval of the Executive
Committee and will eliminate any misunderstandings that may
have bwspi"d at the last N"tiog.
Sincerely,
Floyd G. Belsito
Deputy City Administrator
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CITY OF
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CITY OF SAN CLEMENTE 100 AVENIDA PRESIDIO, SAN CLEMENTE, CALIFORNIA 492-5101
C I� oL `�v i✓7�•�-�E'�J f�mat_ to
September 12 , 1975
[ea Carr
City of San Clemente
100 Avenida Presidio
San Clemente. Calif.
Dear ton:
n Please excuse my delay in answering your inquiry about the services
r/ of California Animal Control. As you may be aware, CAC has cote
under some pretty close scrutiny lately, and furthermore we have
1*64 modified our contract with them.
Briefly, our arrangement with CAC calls for then to provide the
City with a full range of animal control services including the
following:
1. Licensing of all animals.
2. Enforcement of State and local animal control laws.
S. A rabies clinic.
4. A low-cost spay and neutering clinic. This service is
provided through CAC by a local veterinarian.
CAC provides 24 hour a day service to the City with three animal
control units on duty during the day and one at ni�ht for a total
of 241. 5 hours of patrol a week. A central switch oard in Downey,
shared by all cities serviced by CAC, operates 24 hours a day.
CAC retains all license fees and license penalty fees they collect
and also receives $18,500 a year from the City. $15.000 of this
amount approximates the revenue CAC generates in citations , and the
remainia $3,500 is the City's payment for free licenses to pets of
senior citizens.
The quality 'of CAC's service has been a subject of considerable
discussion lately. On Tuesday, September 16, the City's Animal Care
and Control Commission will hold a public hearin� to .look futo this
matter. I feel the service has been credible as satisfactory.
I an enclosing copies of our contracts with CAC for your use. If I
may be of further assistance, please contact no.
. Very truly yours,
David D.-Rowlands
City Administrator
DDR:cb
attachment
•. `Q7S oae�
THOMAS M. WHALINGT " R'
ATTORNEY AT LAW -
218 MAIN STREET
•
HUNTINGTON BEACH,CALIFORNIA 92648tLAVO._
•:�i.
714-536-8841
Le
TO Ms. Alicia Wentworth DATE October 8 , 1975
SUBJECT Letter to Mayor and Council
Dear 'Ms. Wentworth:
I would appreciate it if this letter could be brought
before the council on the Tuesday, October 14th meeting.
Respectfully yours,
T O
F.—ML 5-N72 the D—ing Board,Inc.,Bo:505.Dallas,T.— -
Thomas M. Whaling • Attorney at Law
218 Main Street
Hunting4pn Beach, California 92648
;4) 8841
October 8, 1975 ��
Huntington Beach City Council ,�y: .el
2000 Main Street
Huntington Beach 1
Honorable Mayor and Members of the City Council:
On October 6, 1975 I witnessed another City Council meeting which
reinforces my belief that there' ll be nothing productive gained by
appointing a Mayor' s committee to investigate the City Administrator.
I personally believe that the Mayor is involved in a coverup, either
through ineptitude, naivete, or by design. And because of this
fact, and because the commission is not legally constituted, any work
it does will be an exercise in futility.
The October 6 meeting proved that the Mayor and 'the City Administrator
provide no leadership. As one councilperson stated "We are looked
at as comical" or words to that effect. The failure to provide the
citizenry with the leadership and vision to solve the problem presented
at the October 6, 1975 meeting relating to the drainage district
highlited the truth of this statement.
My observation may be harsh, but so far I have seen only "Crisis
Management And as a taxpayer I believe I am entitled to more than
this and I can demand vision and leadership.
I have some additional questions to ask at this October 14th
meeting. First, I would like a direct response in writing to my
letter of September 22, 1975. Secondly, I would like answers to the
following additional questions:
12. Why did the City Administrator on September 12, 1975 send
a letter to the City Administration in San Clemente saying " I .feel
the service (California Animal Control) has been credible and
satisfactory"?
a. What facts does he have to substantiate that
statement?
b. What was his relationship with CAC?
13. At what date did the City Council authorize the City
Administrator to enter into negotiations with any City employee
Octbber 8, 1975
Page 2
personnel organizations and promise them the CHP Retirement
Program?
a. In the minutes of. the may 18 , 1972 meeting
between the Fireman' s organization and the City
Administration is the following sentence:
"The City stated they opposed this program
(CHP program) unless the State legislature
provided funds for its implementation. "
When did the City change its position?
b. What will be the financial impact of this
negotiation?
14. Are City employees authorized to drive around in City
cars for personal reasons, especially on weekends?
a. Is it true that of the 109 cars that we have,
only one is an economy car (1973 Pinto, License # E613210) ?
b. Why don't we purchase economy cars?
15. What was the cost of cost efficiency study conducted
by the City? (referred to in Question 2)
a. Why hasn't it been presented to the Council?
16. Has the City Administrator complied with Government
Code 65862 which requires the governing body of the City to report to
the County assessor any zoning change, zoning variance, or the granting
of a conditional use permit?
a. This question is asked especially with respect to
:property diagonally across from City Hall.
b. What has the City Administrator done to seek
legislative help for property owners who have moratoriums
relating to development on their property because of current
zoning practices?
17. Why did the City Administrator on September 19, 1975
choose to deny information to Jordan Van Thiel by the subterfuge
of saying in essence "Go ask our Advisory Commission to ask your
questions; and if they decide to ask them, we'll then decide if
October 8, 1975
Page 3
we' ll answer them. "?
a. It' s strange that the Daily Pilot on October 7 , 1975
had Mike Rogers giving a report on the information sought by
Jordan Van Thiel (where the $66, 000. 00 was being spent) .
Was this approved by the City administrator?
18. What is the status of the following matters:
a. Reynolds. Lease. What is the current monthly
rent received for this property? Is that a reasonable
amount?
. b. Williams Stables. Who is permitting the free use of
the City Dedicated land on Ernest Street that is used as a
parking lot for the Williams Stables? (It' s been used for
four (4) years) . Why was the deed signed over in
November 1970 not recorded by the City till May 26, 1972?
C. Contingency Fund. Why wasn't the Council aware
of what monies it has to provide for studies to determine
feasibility of drainage district alternatives on
October 6, 1975?
As to the last question, I believe it highlites my charge
of "Crisis Management" . Everytime the assembly reviews a bill,
everytime the voters pQss on legislation, there is a statement contained
in the legislation of its financial impact. Why hasn't the City
manager the vision to do likewise? I also believe that there' s
been no leadership by the Mayor because she hasn't demanded at any
appropriate time to know what the financial condition of the City is.
I haven' t asked questions yet relating to the Meadowlark
Contract, the cost of the pumping of the Water at the Lakes at
Huntington Central Park, the concessions contract at Huntington Central
Park, the library and the financial expenditures related thereto,
the reason for the October 6, 1975 fiasco, and the contract for
publishing the City Municipal Code. However, I feel -that others may
have broached these to the Council already. But if they haven't,
I' ll also ask these and any others that are relevant to this issue of
efficient administration. till they are answered.
I am convinced that the answers to these questions will show that
October 8, 1975
Page 4
my charges in this letter are true; i.e. that this City is not
efficiently managed. I also have a feeling that this City might
possibly discover some other answers that have more serious
implications.
Respectfully yours,
�TH=MASVALING
1 -
Dimas mas M. Whaling Attorney at Law �y
218 Main Street
Huntington Beach, California 92648
(714)536-8841
September 22, 1975
l t1Alr T''a ' RK
The Honorable Mayor ,{f., C.,1 IF..
and the City Council
st-p 23 qM 1�J
I had the occasion yesterday to telephone 549-2929-oOn-;_.this_,phozie
number was a recorded message by Mrs. Gibbs. In synopsis, it appeared
to be a status report of what -happened at the City Council meeting
of September 15, 1975. I assume it is an authorized City expenditure.
However, there were two matters that were in the
message that should be aired publicly. 'The first concerned the
Animal Control contract. Many people have had occasion to look into
this matter more thoroughly than I, but two things come to mind that
should be considered before this City starts off on another costly
Dog Catcher" venture,(And speaking of "Costly Ventures " , why wasn't
Max Moore' s letter of August 18 , 1975 ,to the Mayor and City Council
ever answered relating specifically to 'this issue? I believe the
public should know what it cost the taxpayers to subsidize C.A.C. ) ..
First, it seems to me that my real property taxes support the
Orange County Animal Control Shelter and its allied services and
it is my understanding that to use that facility and its services
at this time wouldn't increase my taxes or lose the City a cent. I
agree with those who say our level of services will go down, but
more importantly the beleaguered tax payer needs some-'r-e spite,-Now.
. Second, I believe:-that to just turnover any control to any
private agency at this time will be illegal. This is no slight
on the volunteers,. but I feel that before any steps are taken to
turn over C.A.C: ' s function to anyone other than the County a review
of the Animal Control. ordinance and the application of Penal Code
597 f, of Civil Code 607 f . and g and the. applicable Government
Code:i ,Health and Safety Code, and. Agricultural !_ Code sections should
be undertaken.. :-;'-Without going into boring .legal details, I feel that
since the Animal Control commission is still- functioning, it should
let the citizenry help out the City Attorney in formulating an
ordinance that avoids the pitfalls and illegalities of our currently
disastrous experience.
The second matter on the telephone message concerned our City
I
Administrator. Initially, I would like to say that no man should
lose his job because of petty politics. But one reason he should
lose it is if his performance is below the standard of performance
expected of like men .in like positions. I will purposefully stay
away from the other ..reasons. for . discharge at this time. I, as
a citizen will never- abrogate-my right to assess the performance
of a City Governmental Employee; and in view of the statement on the
phone message made by Mrs. Gibbs, I will never give up my right to
criticize any- City Employee' s performance just so we can get on
with City Business. And I will not at this time delegate my
evaluation to a panel appointed by the Mayor. The- reasons I won't
are threefold:
(a) I know of no executive authority of the Mayor, by herself , •
to appoint a commission to evaluate allegations of .misconduct
and poor -performance. I ask her to .look at Article VIII,
Section 802 of our City Charter.
(b) I personally_ believe that the Mayor has damaged her own
objectivity when she says in the recorded message that the
charges made by one councilman were evaluated by the council
and "six members were satisfied" and then appoints three
council members to this panel.
(c) I know- that some of -the matters--of .performance evaluation, I
and others have in mind, may embarass the council. And anyone
who wants objectivity should appoint persons who will review
all the facts about all matters without regard to the conse-
quences and where the investigation leads. Or they should do it
themselves in a public forum.
I am not naive nor do I take myself .so seriously that I can
expect the council to appoint members (if there is to be a panel)
who they do not know or who might make the heat too great. But I
DO EXPECT the Council to be aware that this investigation is not
going to be passed off lightly by the voters, if all questions are
not satisfactorily answered. Some of the. questions are attached
to this letter and because of time--constraints, I. will not read them.
Others have raised many other..questions- wh-ich are in the press or
have been presented to -you in- executive session; but I and others
will come back to the council and ask why they were not satisfactorily
answered if they are not covered by your -investigation.
Government at all levels has been under the gun from citizenry
lately because the voters would like to believe that maybe they should
expect competency, as well as honesty. And Huntington Beach is not an
exception. Aristotle said "It is better for a City to be governed by
a good man than by good laws. " Dear council persons please show the
citizenry that you're good men and women.
I personally would like to see you take on this investigation
openly yourselves. I thought that' s the reason we elected you. This
issue of efficient administration is of greatest priority. Now I
-2-
realize you can assert the Brown Act for the handling of personnel
matters. But if the performance of the administrator
is satisfactory to the 6 members, then let them say it publicly to the
voters. For- no one wants someone presented in a false light.
Exonerate this man if he' s been a good administrator. But.:d sm ss. him if
the answer.-s to the questions raised through the investigation revel
that we need a new City Administrator.
Respectfully yours,
HOMAS M. WHALIN
Attorney at L ,�_
Questions to Be Answered.
1. Under Article VI, City Charter; .Section 604 (d) has the
City Administrator kept the Council aware at all times of the
financial condition-of the City?
(a) Has the City Council received at each council meeting
pursuant to Article VII, Section 706 (f) a .monthly statement
of all revenues and expenditures in sufficient detail to show
the exact financial condition of the City?
2. What Departmental Cost-effeciency. studies have been run by the
Administrator during his term in-position? What .have they revealed?
What has he done to implement these recommendations;, if any? Why
was contract management just established in August, 1975?
3. What has the independent audit, established pursuant to Article
XII, . Section 1219, revealed to the council during the last three
years?
(a) What has been--the condition of- the contingency fund
(Section 1212) during the last three years?
(-b) What have been the major department areas of
increase in percentage of expenditures during the last
three years? Why has this developed?
4. When has the City Administrator come .before the- council to apprise
this body of what the major priorities in the City are and what the
status of these priorities are pursuant to Section 604 (c) and (d) ?
(a) What is the status of Law Suit with the Terry' s?
(b) What is the status of Downtown Development?
(c) What is the status of the Planning area in Master Plan?
(d) What is the status of obtaining industry for Huntington
Beach?
(e) What is the status of obtaining new sources of Tax Revenue?
5. Since the City Council and the City Administrator became aware
of the Town lot problem in August of 1974 relating to the procedure
whereby the City granted permits for building in the town lot area
and the South. Coast and/or the State commission either denied these
permits or imposed conditions._ on`-them, what has been done to relieve
the pressures created by this problem? What ,is the financial impact
on the City of this problem?
6. What information was given the- council in order for them to
approve the Sheraton Compromise of .its indebtedness?
(a) Just what was the total amount of indebtedness?
(b) When was this amount of delinquency discovered?
(c) At what time did the City Administrator discover that the
policy and procedures of evaluating this lease (that were being
implemented ):aere _inadequate in this area?
(d) Why did it take so long to find out these facts?
7. What authority did the City Council- have to approve in the
C.A.C. contract a provision that allowed the -City of Seal Beach
to use our City properties without Seal Beach paying monies into
our City Treasury?
8. At what date was the City Administrator apprised by the Internal
City Auditor that there was a deliquency in the C.A.C. contract?
(a) When has the C.A.C. contract been audited by the City?
9. Who approved the compromise reached between the City and the
Huntington Beach Co. relating to the cost of Lifeguard and related
services on their properties for the years preceding their sale
of their properties to the State? What was that compromise?
10. Has the City Council reviewed the voting record of all members
of the Economic Development Commission to determine that Article
VII, Section 709 has been adhered to?
(a) What about other commissions?
11. A number- of commji,46ions have been established by the Council.
Jordan Van Thiel indicated in an open letter to the council that he
had a .minority- report. What is being done- to insure minority reports
are in the hands of the council? What answers have been given to his
letter?
WHALING AND HANSEN L
-ATTORNFVS AT LAW
_l�-. .� -
A y
THOMAS .M.WHALINIG BANK OF AMERICA TO E - +
RALPH L. HANSE.N - SUITE 403 • THE.CITY
ONE CITY BOULEVARD WEST
ORANGE, CALIFORNIA 92668
TELEPHONE (714),835-7422
February ..26;- 19. , 3
RE: Redevelopment of Downtown Main
Street Area, Huntington Beach
TO : DAVID ROWLANDS Attention: City Council
City Administrator
FROM: THOMAS M. WHALING
1.
I , on behalf of the Downtown property owners , am requesting that the
city council put on its agenda for March 5 , 1973 the matter of the
redevelopment of the Downtown Main Street Area . As a representative
of the property owners in that area, I am formally requesting. the ci.ty's
cooperation and involvement in improving the quality of life in this
area .
2.
There are a number of reasons why this area should be redeveloped..
The obvious need not be stated. However, we believe that .the
increased sales tax revenue that. would result from redevelopment would
greatly benefit Huntington Beach as a whole. We also know a redevelop-
ment will drastically improve the environment and we are aware that
a development of a Specialty Commercial Center is the best way to
recoup many of the tax dollars spent by the city from. which out-of-
towners benefit.
3.
While some of us have some very definite ideas about how the redevelop-
ment of this area should be accomplished, we have learned that in the
past the city has purchased research and participated in studies for
the redevelopment of this area and we are very desirous of learning
just what was learned from these studies . We are also desirous of
acquiring a large scale aerial photograph and a scale model mockups
of this area . The reason we seek the above items is that in one of
our meetings this month, Mr. Rex Link, an.authority in solving parking
problems , advised us that these are the very basics from which to start
a plan for redevelopment.
. . cont 'd
L�
RE: Redevelopment of Downtown Main Street Area
Huntington Beach
February 26, 1913
page two
4.
We are also desirous of learning how the city views the impact of
the Coastline Initiative. We will need guidance . in that area, even
if what is eventually conceived by the property owners is not a
substantial change to the environment. We-. are specifically asking
for your guidance because .initially the property owners thought they
would like to change. some of the vehicular and pedestrian traffic
patterns in that area .
. 5
It has come to our attention that possibly the city may consider it
untimely to participate in redevelopment• because of the class action.
initiated by the Terry Family. I `would like to address the council
and make some suggestions relative to a plan .of improvement that will
benefit all the property owners in that class action., and as such,
it will have a dollar value that would accrue. to them. Mr. Terry
is one of those .property owners in the group I 've been meeting with
and he is'.very desirous of going forward with redevelopment. immediately.
6 .
We would also like to know what the current conceptual thinking of
the city is with respect to the following:
A . A freeway route into the beach city area.
B. Zoning for this area. . (We are desirous of participating in
formulating the master plan for this area .
C . Development of. properties owned by the city in this area .
D. Requesting revenue from anyone currently benefitting from the
use of city properties at the taxpayers ' expense. .
E. Use of revenue sharing (State &Federal) dollars for this area .
F. Allowing the property owners to develop a name for the area that
will be officially recognized by the city.
G. What projects are planned for the pier and related parking areas .
H. What the city plans to do with the old civic center .
I . Whether a specialty commercial center for Downtown. Main Street
is the most advantageous redevelopment in the city 's eyes .
. . .cont 'd
66
RE: Redevelopment of Downtown Main Street Area
Huntington Beach
February 26, 1973
page three.
7 .
If the March 5 , 1973 meeting is not appropriate (because the
discussion that could emanate as. the result of this letter may
involve more hours ..than the council ' is willing to devote that night)
we would request a special meeting night as soon thereafter as
possible. ,
8 .
Lastly, this letter, although only signed by me, is a concensus
of the property owners in that area . To a man,we want redevelopment .
But we need you.
Respectfully yours ,
THOMAS M. WHAL G `'
TMW/pJb
I.
CITY OF HUNTINGTON BEACH. CA 73- 29
COUNCIL-ADMINISTRATOR COMMUNICATION
HUNT114GTON BEACH
To Honorable Mayor and From City Administrator
City Council Members .
Subject LETTER FROM THOMAS M. Date February 27 , 1973
WHALING
Attached is a letter from Thomas M. Whaling regarding
redevelopment of - the downtown Main Street area. He has
requested on _behalf of the downtown property owners the
City Council to consider at its March Sth meeting the.
matter of redevelopment of the Main Street area.
Mr. Whaling has requested .additional information and
material to assist them in their study of the area.
Recommendation:
It is my recommendation that the City Council continue
action on Mr. Whaling's request .to April 2, 1973 to allow
time for the staff to prepare a response to Mr. Whaling's
request. I would like to point out that the Building
Department and. Fire Department will be condu-ting. a survey
of this area in the very near future and the Council should
be aware of their findings prior:. to .making any determination .
:. in this area.
Respectfully submitted,
David D. Rowlands
City Administrator
DDR:eh
Attachment
G �