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HomeMy WebLinkAbout1951 08-30 CC ADJ MIN147 National City, California, August 30, 1951 r Adjouhed meeting of August 28, 1951 of the City Council was called to order by Acting Mayor John H. Curry at 6:30 P.M. o'clock. Councilmen present: Hart, Ingalls, Curry. Councilmen absent: Clarke, Carrigan. ADMINISTrRATIVE OFFICII'LS present: Alston, Campbell, Wagner, J. P. McCLURE was present in regard to an article which appeared in the San Diego newspaper of August 28, 1951 which stated that he and a former City employee had engaged an Attorney to collect their overtime retroactive pay to the date of the resolution passed by the previous Council which granted a 40 hour week. Mr. McClure said that he has not engaged an Attorney and there is no suit filed. ACTING MAYOR CURRY asked where the article origilioted. Mr. McClure said he read in the paper there was a suit Doing talked about against the City and he found out after some inquiries, Richard E. Adams was hand- ling the suit. He went to see Mr. Adams and he was out and Mr. Adams called him on the telephone later and it was dis— cussed. Wednesday of this week he was appraised of the fact of the article in the newspaper. Today Mr. McClure went back to see i'ir. Adams and he admitted mentioning his name to the reporter and put all the blame on the reporter. Mr. Adams said that there is a lot of research to be done before he knows whether or not there is a case against the City. ACTING MAYOR CURRY asked if Per. McClure had any suggestions as to how this could be ce'rrected COtP_'?tt1!AN F41/1' qa4 d he thourht an article in the newspaper would take care of it. ACTING MAYOR CURRY said he thought the Council should go on record as favoring anything that might correct this matter so that no fingers would be pointed at lir. McClure. Moved by Ingalls, seconded by Hart, that the Council go on record as commending 8/30 148 Mr. McClure for appearing and very frankly stating his posi• tion. Carried, all Councilmen present voting aye. THOMAS LEONARD stated he noted that Mr. Wagner's name was mentioned and he wished to know if he had anything to do with giving the information to the newspaper. ACTING ADMINISTRATIVE OFFICER WAGN 1 said he was contacted by a newspaper reporter and he told him what he had heard about this incident but that no name was mentioned, and he vas very surprised when he saw Mr. McClure's name mentioned in the paper. He did mention the name of Richard E. Adams as the Attorney who was handling the case and stated if any other Information was wished he should check with Iiayor Carrigan or some member of the Council, or lir. Adams. That was the extent of his infor- mation. COUNCILMAI, Ii1GtLLS said he thouLht it was definitely their duty to see that the newspapers give the same publicity to the retraction as t.ey dicl to the so called statement. CO?IhUNICATION FROM BUILDIL.G INLP:CTOR BIRD was read, recom- mending that a warrant be drawn in favor of Hart & Sons, Building Contractors, for 75.00. Permit #557 was issued to John Mitchell on July 5, 1951 for a sewer connection at 2126 E. 18th Street. Permit #624 was issued to Hart & Sons, August 21, 1951 for same connection. i:oved by Hart, seconded by Ingalls, that the $77.00 be refunded to Hart & Sons. Carried, all Councilmen uresenc voting aye. COMMUNICATION FROM BUIuDIhG MAIivTLI,ANCE SUPT. MIIUCLLSON was read. Recent confusion regarding the use and care of the Community Building has given rise to the need for a fixed policy regarding responsibility connected therewith. It is assumed that the rental charLes made to various organizations cover the expenses connected with preparing and cleaning up the building for the particular occasion for which rent is 8/30 149 paid. However, for those who make use of the facilities with- out any charge it is requested that the Council adopt some- thing akin to the folaowing procedure because of these reasons: There is no provision made in the budget for the Community Building for any additional custodial or janitorial service caused by carelessness on the part of those who use the building nor for additional materials to repair damage done* It is suggested that before any group of people, City sponsored or otherwise, have access to the building a respon- sible representative of that group apply for the time and be responsible for leaving the place in as good a condition as they find it. Failing in this, that they be charged the time and materials required to leave it so, and that time be so allocated to allow a period long enough to clean up be- tween activities. Moved by Ingalls, seconded by Hart, that the communication be held over until next Tuesday evening for reading before the entire Council. Carried, all Councilmen present voting aye. ACTING ADPIINISTRATIVE OFFICER WAGNER stated he had a request from City Engineer Grey for $25.00 for car allowance for the month of August. Nr. Wagner asked if the Council would approve this particular allowance. It has been set up in the budget, but the Department Heads who have had the same allowance have not persisted any further. Moved by Hart, seconded by Ingalls, this be referred to the City Attorney and be brought up at the next meeting. Carried, all Council- men present voting aye. ACTING ADMINISTRATIVE OFFIC.JR WAGi.ER read a list of the office equipment being used by the Redevelopment Agency at 2300 Nat- ional Avenue which is the property of the City. It has been expressed by members of the Council that they may continue to 3/30 Bhp use the equipment until such time as the City finds use for it, COUNCILMAN HART asked if the City needed any of this now, ACTING ADMINISTRATIVE OFFICER WAGNER said the Library may have use for two of the large tables for their reading, Mrs, Baeder stated she would like to have the interior paints ing and redecorating done before the tables are moved in, COUNCILMAN HART said he thought it would be best to leave the equipment where it is until such time as it is needed, MAYOR CARRIGAN present. COUNCILMAN INGALLS stated he wished to inform Mayor Carrigan that when the meeting first opened that Mr, McClure told the Council without any qualification that he had no part in this so called suit against the City, and he wanted no part, and that he was misquoted in the paper, and he should be commended. MAYOR CARRIGAN said he was very happy to hear it, Frankly, he was one of the most surprised people in town when he read Mr. McClure's name in the papery that he did not think it was possible, and is glad that it is not, MAYOR CARRIGAN stated he had all the applications that have been received from the City Manager advertisement, and that he wished to state that many of the applicants state that the information "contained herein" is to be strictly cons fidential, and that it is his opinion that it should be kept confidential. MAYOR CARRIGAN said he would resign from the Council before he will contend with having them discussed openly. There is ample time to discuss it and it is the Council's problem to discuss its and should be done in a private meeting, COUNCILMAN INGALLS said it was not necessary for Mayor Carrigan to infer that he would resign, you are working with a group of men who are perfectly will. ing to go along on anything that is right and fair, We have 8/30 151 all been a little bit confused because the names have been printed in the paper on two different occasions. Councilman Ingalls said he could understand why anyone applying for a job such as this would want to keep the information confiden- tial, and perhaps we have erred in publishing the names. Moved by Ingalls, seconded by Hart, that the City Clerk be instructed to see that no more information be devolved on the confidential information contained in the applications, regardless of the request of the newspaper. Carried, all Councilmen present voting aye. MAYOR CARRIGAN suggested to the Council that on the various items of business which comes before"the Council that we attempt to have a discussion prior to the time that a motion is made. One reason for this request is that sometimes a motion is made and seconded and after the discussion has gone underway for quite sometime the motion itself is either forgotten or misinterpreted and sometimes there are erroneous , votes. The second reason is the fact that sometimes the ,Councilman in perfectly good faith hearing a letter read, make a motion to the effect and think that it is perfectly all right and then after a discussion brings out various items he is placed in rather an embarrassing position of either rescinding his motion or voting no upon the very motion that he made. It would save a good deal of embarrass- ment and a good deal of time if the items were discussed first and that he, as Mayor, after making sure that the Counci' men have no further discussion to make on the subject, to call for a vote. COUNCILMAN INGALLS said he thought it should be tried, but that it is definitely the duty of the Mayor to make sure that the discussion is asked for immediately upon the reading of the communication or whatever problem is presented. All Council members were in agreement with Mayor 8/30 152 Carrigan's suggestion. ATTORNEY CAMPBELL stated he has been attending the Public Utilities Commission Hearing and every. thing is in except argument, and they have given us 10 days to submit a written argument, MAYOR CARRIGAN asked if Mr. McClure knows what is actually behind this pay suit. Mr. McClure said that he really did not know and he was only attempting to find out, MAYOR CAR. RIGAN asked if Mr. Adams solicited Mr. McClure. MR. NcCLURE said Mr, Adams did note He read in the paper where a suit was being contemplated and being one of the employees of the City at that time, he would be involved, so he went to find out about it. Mr. Adams was not in his office and several days later Mr. Adams called him. We had about a ten minute discussion on the phone, MAYOR CARRIGAN said he has been informed that Mr. Adams has solicited several different employees, and that he understands it is contrary to the rules and regulations of the Bar Assn ATTORNEY CAMPBELL stated that as far as any action that misht be maintained, he will not say that an action could not be filed, because any action could be, but that he did not think it would be legally possible to file a representative suit without the consent of the individual, The action could be maintained in various individuals names but it would be wrong to file without their consent. COUNCILMAN INGALLS asked if the City had been able to do anything on Lanoitan Avehue. MAYOR CAFRIGA:, said nothing can be done until the ground is dry enough. to worke REQUEST TO MOVE A BUILDING BY DRS. J. T. FERGUSON, 1732 Coolidge Avenue, was again presented• IiAYOR CAIRIGAI\ stated that Councilmen Hart and Curry and himself looked at the building, and it was their unanimous opinion that the permit 8/30 153 to nova should bo doniod. The roquest stetod it was used for storage but people aro living in it, COUNCILMAN HART said he thought the building was hardly worth moving, even for storage. ACTING ADMINISTRATIVE OFFICER WAGNER stated ho talkod with Build- ing Inspector Bird in this regard and the application was not an ondersonent on his part, but noroly a statement of the facts as 1. saw thou. Moved by Hart, s000ndod by Curry, that tho roquost to novo tho building bo doniod. Carried, all Councilman prosont voting ayo. MAYOR CLRRIGLN said this mooting had boon adjourned to discuss tho appointment of a City Monagor but that ho did not beliovo tho applications should bo dismiss -ad in an opon renting, COUNCIL- MAN CURRY said ho folt that it is nocossary to nako a tonporary appointment. COUNCIL,MLN KART said it would probably take throo or four wooks to appoint a City Managor, and wo should appoint a toaporary Administrator, COUNCILMAN CURRY said ho thought possib- ly thoro is sono omployoe in the City who could tako over tonpor- arily until such time as wo do appoint a City Managor, COUNCIIdL: HART said ho had two nanos ho would liko to put on tho tablo for tho Council to consider, Mr, Mikkolson and Mr, Grutoroaux, COUNCILMAN CURRY said ho thought Mr, Mikkolson is bottor acquaint - ad with tho City Managor and of tho businass as ho has boon work- ing with tho City Managor quito a bit, and ho could bo of a groat doal of assistanco to tho City toaporerily, MAYOR CARRIGAN said that in his opinion both Mr. Mikkolson and Mr. Gautoroaux aro g00% non for tho City, but that ho did not boliovo tho Councilman woro being fair to oithor ono of thou when you ask than to accept the tonporery position as City Managor bocauso it is oxpoctod that whon tho actual arointnont is nado thoy will rovort back to thoir format status. With tho oxooption of Mr, Gautoroaux, you will bo in tho position of appointing Mr. Mikkolson over a man at who is now ovor him and/a tutor dato will rovort back to whoro tho Enginoor will again bo 8/30 154 over him. You are placing hira in a rather untenable position. It would effect both their status with the employees when they have to go back to and from an employee standpoint, you are working with dynamite. Mayor Carrigan said he would like to explain to the Council why he mentioned Mr. Groy as a ton- porary City Manager. He has the experience in Engineering and he has had City Manager experience. Mayor Carrigan said he had quite a discussion with both Mr.'Grey and Atty. Camp- bell Tuesday afternoon and it was no surprise to him when Mrs. Wilson mentioned Atty. Campbell and he would like to also see him temporary City iiana•cr as he has the capabili- ties but with his other responsibilities he can see why he would turn down the temporary position, but the two men assured him that they would attempt to work as a satisfactory unit until such time, and it would have to be a reasonable time, for thecounoll to appoint a permanent City Manager. In regard to the other men, even though they would be will- ing to serve, it would be doin; them an irreparable harm in their future status to the City. COUNCIL,AN INGALLS said he respects Mayor Carrigan's thought on the matter, but that he cannot agree with him. Mr. Ingalls said he has high respect for Mr. Grey as a City Engineer but that he did not believe it would be fair to him to put him in the position of Acting City Manager or Administrator Officer at this time. Mr, Ingalls said he is willinL at the present time to vote for either of the two Department Heads that were mentioned. MAYOR CARRIGAN stated he wished to emphasize the fact that Mr. Wagner has done such an excellent job in bringing order out of the chaos that he was presented with, and asked Mr. Wagner if he thought that the City Manager's job for from two to six weeks would entail too much responsibility. ACT- ING ADMIidISTRATIVZ OFFICER WAGi'iJl said the Council should make all final decisions on important matters, but there is 8/30 155 a great deal of responsibility in holding down the chair, representing the Council whenever a newspaper man calls for information, processing purchase orders and making sure that the City is getting the best possible price for the material they purchase. Even for the temporary period someone must command the respect of the Department Heads and the majority of the employees. i;AYOii o ±tBIGAN said he thought any one of the three men would probably fill the bill. Mr. McClure said he wished to offer for the Councils consideration the name of Judge Harbison for this position. MAYOR CAIRIGAN thanked Mr. McClure for the suggestion, and said he was afraid they all overlooked Judge Harbison, and that Mr. McClure has provided a very woaderful "out" if he will accept it. COUNCILMATd INGALLS said he had the sane idea and took it upon himself to ask Jnd;;c Harbison, if he submitted his name, and it was accepted, if he could fill the position, and was a told he wanted/little time to do some checking and was later informed that he could not because of the new Court setup. ATTORNEY CAMPBELL said he talked with Judge Harbison sometime ago, and that he believed if the Council saw fit to appoint him temporarily, he would accept on a very temporary basis. COUNCILHAL, INGALLS said Judge Harbison is very civic minded and if there is anythin;, that he can do he will gladly do it, but perhaps we should think at great length before we ask a man to jeopardize something than more or less sets him up for life. MAYOR CARRIGAN said if the Council was in accord with appointing Judge Harbison, he thought they could descend on him in a body and overwhelm him to the point that he will agree, we could appoint him torsi&ht and if he flatly refuses, rescind the appointment Tuesday evening. MR. McCLUR2 oflare. the name of Chief Smitn, as another suggestion. MAYOR CARAI- GAN said the Chief is very busy, but on a temporary basis it 8/3o 156 might work out. COUhCILNAIe CULRY said he would be in favor of appointing Judge Harbison. COUECILMAiu HART suggested the appointment be held over until the next meeting and talk with the Judge in the meantime, and if he will accept he can be appointed at that time. COUNCILMAN INGALLS asked if it would not be in order to appoint Judge Harbison now, and if he turns the appointment down we will have to appoint someone else for the job. Moved by Curry, seconded by Hart, that Judge Harbison be appointed Temporary City Manager. Carried, all Councilmen present voting aye. COUNCILMAN INGALLS said the Council has agreed on Judge Harbison and they should now agree to do something about clearing up any situation that he may have with the County. aAYOR CAR2RIGAN said it might be well if the City Attorney help clear any obstructions that might arise from the County. CITY CLERK ALSTOIa said she believed this appointment would be effective September 1, 1951, and asked if tn.; salary would be the same as he is now receiving. MAYOR C :IRIGAN said he thought the Council owed Judge Harbison the courtesy of consulting with him be- fore the salary is set by the Council. COUIGCILLiAN INGALLS said his suggestion would be that the Council consider giving him the difference between the Judge's pay and the City Administrative pay on top of his regular salary. MAYOR CAJiRIGAN said he believed the Council would be in accord, ATTORNEY CAMPBELL stated the Council could pass a resolution next Tuesday establishing the salary and the effective date as September 1, 1951. Moved by Ingalls, seconded by Hart, that the meeting be closed. Carried, all Councilmen present voting aye, ATTES 40 MAYOR,/CITY OF I'ATI AL CITY,iIIALIFORNIA CITY CLERK 8/30