JC C 2118/25
5. Doris Kay Witt of District 3 to the Preservation Commission with a term of office expiring 9/30/01;
6. Christine Von Helmott of District 1 to the Public Safety Commission with a term of office expiring 9/30/02;
7. Steve Mires of District 2 to the Public Safety Commission with a term of office expiring 9/30/99;
8. Lloyd Oake of District 4 to the Public Safety Commission with a term of office expiring 9/30/00;
9. Samuel Abrahamian of District 2 to the Public Works Commission with a term of office expiring 9/30/00;
10. Donald Szerlip (reappointment) of District 3 to the Public Works Commission with a term of office expiring 9/30/00;
11. John Cable of District 2 to the Public Works Commission with a term of office expiring 9/30/99; and
12. Kantesh Gupta of District 2 to the Recreation and Parks Commission with a term of office expiring 9/30/02.
The motion carried by the following vote:
AYES: Bisignano, Sullivan, Gin, White;
NOES: None;
ABSENT: Pinzler.
CHANGED ORDER OF AGENDA
Councilmember White moved, seconded by Councilmember Bisignano, to change the order of the agenda in order to next address Agenda Item No. 25 regarding the status of the City Clerk's position. The motion carried by the following vote:
AYES: Bisignano, Sullivan, White;
NOES: None;
ABSENT: Gin, Pinzler.
STATUS OF CITY CLERK'S POSITION
Regarding the recommendation that the Council discuss and take appropriate action to clarify the current status of the Office of the City Clerk in regard to Section 10.2 of the Redondo Beach City Charter ("moral turpitude"), Mayor Hill reported:
1. On August 10, 1998, City Clerk John L. Oliver entered a plea of nolo contendere in response to one count of a felony charge of a violation of Section 4463(a) of the Vehicle Code;
The conviction was subsequently reduced to a misdemeanor by the judge: -
City Council 11/10/98
10 - At the City Council meting of August 18, 1998, a citizen asked if the conviction constituted a "crime of moral turpitude" which would render City Clerk Oliver ineligible to continue in office, and in response, the Mayor asked the City Attorney to prepare a confidential report on the matter; a) The report was prepared and eventually became public information;
b) The City Attorney opined that the City Clerk had indeed committed forgery, a crime of moral turpitude, which had caused the office to become vacant as of the date of the judgment;
After some discussion, the Council directed the Mayor to contact the State Attorney General's Office and to find two law firms specializing in municipal law, with which the City of Redondo Beach had no dealings, and secure their written opinions as to whether or not the office had become vacant pursuant to the "moral turpitude" provision of Section 10.2 of the Redondo Beach City Charter;
a) Those opinions were obtained and were submitted to the City Council on October 13, 1998, and although the Mayor had requested that the item be held to the next meeting so he could participate, the Council chose to receive and file the opinions with no discussion;
4. He has placed this item on the agenda to bring closure to the issue; The issue for discussion tonight is centered around the legal definition of Charter Section 10.2; so this should not become a session for personal attacks.
Julia Sylva of the law firm of Frandzel, Share, Robins, Kaplan & Bloom, L.C. submitted a one-page outline of her presentation. Councilmember Bisignano moved, seconded by Councilmember Pinzler, to receive and file the document.
Prior to the vote:
Chris Boyle of Redondo Beach asked that copies of the document presented to the Council be made available to the public, and Assistant Deputy City Clerk Kim Chafin pointed out that copies are available in the lobby of the Council Chambers.
Hearing no objections to the motion to receive and file the document, Mayor Hill so ordered.
Ms. Sylva reported:
The primary issue is whether or not the City Clerk may be removed, and - the removal of a City official is a core municipal affair; Provided the Council acts reasonably and not capriciously, any actions it takes in this regard will be upheld by the court; City Council 11/10/98 11
Bisignano used a reference to God the way he did tonight, and added that he thinks the Council has done a great job tonight.
Greg Anderson of Redondo Beach stated:
Even State law is vague regarding the issue of moral turpitude;
2. He would like to know if State law takes supremacy over a City Charter where the City Charter is silent;
He would like to know if it exceeds the City Council's scope to make a. finding regarding a definition of moral turpitude.
Ms. Sylva replied that a charter law city has exclusive jurisdiction on how to define a crime of moral turpitude and does not have to defer to State law, providing a reasonable definition is used.
Councilmember Pinzler's motion carried by the following vote:
AYES: Sullivan, Gin, Pinzler, White;
NOES: Bisignano;
ABSENT: None.
CHANGED ORDER OF AGENDA
Councilmember Pinzler moved, seconded by Councilmember Bisignano, to next address Agenda Item Nos. 26, 28 and 31, and defer all remaining items to November 17, 1998, and by its concurrence, the City Council:
BALLOT MEASURE REGARDING CHARTER
AMENDMENTS -- SCHOOL DISTRICT
deferred to November 17, 1998 a recommendation to place a measure on the March 2, 1999 ballot which removes all references to the Redondo Beach Unified School District from the City Charter;
BALLOT MEASURE: APPOINTED VS. ELECTED
deferred to November 17, 1998 a recommendation for changes pertaining to appointed versus elected Department Heads in the City Charter for presentation to the voters on the March 2, 1999 ballot;
DISCUSSION OF ACTIONS OF THE CITY ATTORNEY
deferred to November 17, 1998 a recommendation to discuss the actions of the City Attorney and take appropriate actions;
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