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HomeMy WebLinkAbout1951 05-10 CC ADJ MIN73? National City, California, May 10, 1951 Adjourned meeting of May 8, 1951, of the City Council was called to order by Vice —Mayor John H. Curry at 7:30 P. M. o'clock. Councilmen present: Carrigan, Clarke, Hart, Curry. Absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Sullivan, Campbell, Mikkelson. VIGE MAYOR CURRY: Roll call please. CLERK: Carrigan: Here. Clarke: Here. Hart: Here. Curry: Here. VICE MAYOR CURRY: The first item on the agenda of this adjourned meeting is the transferring of certain funds. ATTORNEY CAMPBELL: A breakdown has been prepared of the items referred to last Tuesday. I would imagine we should go through eash of these items if you are going to make this transfer. I was wondering whether or not you want to make this transfer before you bring up the payment of bills because it is going to present this problem the moment it is transferred you are going to have sufficient money in the General Fund to pay the bills and there is the question as to your procedure on acquiring sufficient money to meet your payroll, and whether you want this in the General Fund at this time, or not. COUNCILMAN CARRIGAN: Mr. Mayor, I would recommend that if the transfer is made that it be set in a special payroll fund. In fast I will make that a motion. COUNCILMAN HART: I will second thn.t motion. VICE MAYOR CURRY: A motion has been made and seconded that it be set in a special payroll fund, all in favor say aye. UNANIMOUS. ATTORNEY CAMPBELL: Do you want that now in the form of a resolution? I will read the Resolution in that fund. 5/10 738 RESOLUTION NO. 5439 WHEREAS, as subsquent to July 1, 1951, there has been expended the sum of $35,500.57 for budgeted Capital assets, and WHEREAS this sum has been heretofore paid by funds advanced from the General Fund. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that the following transfers be made: From the Capital Reserve Fund. the sum of $35,500.57 to the Special Payroll Fund. COUNCILMAN CLARKE: I move the Resolutinn be adopted, Mr. Mayor. COUNCILMAN CARRIGAN: Second the motion. VICE MAYOR CURRY: there a question? CLERK: Carrigan: VICE MAYOR CURRY: The motion hap been made and sedonded, is Roll call, please. Aye. Clarke: Aye. Hart: Aye. Curry: Aye. So ordered. Is that all you had, Mr. Attorne;'. ATTORNEY CAMPBELL: That was all on that transfer, yes. VICE MAYOR CURRY: The next item. COUNCILMAN HART: I would like to make a motion at this time that we accept Mrs. Sullivan's resignation as of today. . COUNCILMAN CLARKE: I second the motion. MR. THOMAS FORBES: Mr. Mayor and Gentlemen of the Council. COUNCILMAN CLARIC : Mr. Mayor on the point of order, is this open for debate? It has been moved and seconded, you have not asked for the question, I think this gentleman should at least wait. Mr. FORBES: All right. VICE MAYOR CURRY: Mr. Forbes is just a little ahead of the gun, I have not asked for the question yet. The motion has been made 5/10 739 and seconded that the resignation of the City Manager be accepted. Any question.. MR. FORBES: Mr. Mayor and Gentlemen of the Council: I think you have been Just a little bit hasty CITY CLERK ALSTON: Will you please talk into the "mike". VICE MAYOR CURRY: Talk into the "mike" please. MR. FORBES: I have a petition here signed by quite a few people in National City, business people. I would like to present it to the Council at this time. I feel that if you give us one more week we can bring you in from one thousand to two thousand signatures asking to retain Mrs. Sullivan. I have been in this City and around here for the past thirty or thirty-five years and this is the first time in the past year that I have seen National City go ahead. I don't believe that we are in the "red" at all. I would like to present the petition at this time. COUNCILMAN CLARKE: I suggest that it be passed around the Council, Mr. Mayor. CITY CLERK ALSTON: Mr. Mayor, I have a letter that was presented to me tonight at my home, I would like to present at this time if I may. National City, California, May 10, 1951. To the City Council of National City. Gentlemen: As taxpayers in this city for thirty years we are interested in gnod govern- ment And conservation of the funds of the municipality. From what we have observed in the past several months, we are very much apposed to the program of the City Manager. We believe that the best interests of our citizens would be for your honorable body to Accept the offered resignation of City Manager Sullivan. Yours truly, Hal H. Hallett and Cora R. 5/10 740 Hallett, 512 F Avenue. COUNCILMAN HART: Mr. Mayor, just as I have said before, I am not down here to collect votes under pressure, and I am going to do as I see fit as long as I Am nn this Council, and that is the way I feel, and if anybody feels different, that is their privilege. VICE hLAYOR CURRY: Reedy for the vote? The motion has been made and seconded, all in favor. COUNCILMAN CLARKE: Well, Mr. Iayor, since this petition has been presented in order to keep this thing fair in the interests of everybody in the community, we night just as well consider that we have to face the facts regardless whether they Are un- pleasant, or what they are. I for one do not want to see such things caning about that already exist. I an the last nne to expect it, I as sorry it has reached that stage, and now at the last moment we have a petition presented to the Council signed by people who desire that the Manager't resignation not be accepted. As you knnw, in n11 petitions, regardless of what they are created for, the registered voters of this community are the people who put this Council into office. There has been no check made on these people who have signed this petition and as far as the number is concerned they are there and nobody enn dispute, but after all, gentlemen, we did not go to the people of the community to say whether we should hire a C'34y Manager, it is not our duty to go to the people or to be in- fluenced by the people to accept the City Manager's resignation. Although I recognize the fact that everybody in this community who has any genuine interest in the welfare of this community is entitled to cone up here and here and so express themselves. That is Democratic Government, and that is the way I like it. 5/10 741 But, at the last moment this pressure is brought to bear, I use the word pressure because it is nothing more nr less. I have before me some article in the San Diego paper. These of you that were here last Tuesday,heard the expressions from the City Manager. In today's Union, anybody who reads this article by the City Manager can only cone to one conclusion, somebody is being put on the spot. Who is it? In the final analysis the Council is responsible for everything that happens, every- thing the Manager does, everything all the employees of the City do, We cannot shut our eyes to our responsibility. You people put us into office, we nre the servants of you people, what we do is there for you to analyze, and to approve it or otherwise. There has been a petition presented tonight trying to tell us that we are doing wrong. well, ladies and gentlemen, it is at the request of the manager herself that she wishes to resign. we have decided, pardon me, we have nude a motion and it has been seconded, to accept that resignation. I said we, I qualify myself, another colleague and myself, we, made the notion and it was seconded, there is nothing wrong with that, Now Isn't if fair to give the other people an opportunity to also express themselves, and I have heard plenty, probably the other Council- men have too. They could not lose any time at all in presenting a petition trying to persuade us to reject this. That is fine, I admire their spirit. There has been nobody come forward with a petition in the other direction. Well, there are a lot of you here tonight, I for one feel that anybody who has anything to say about this whatsoever should get up there and say it, this is the tine to do it, but I still feel those of you who have read the expression from the manager, she has decided to resign, that is a very nice way nut of the whole thing. Personally I would rather see it that way. Now, if we feel as we felt when �'- we hired the Manager a. year ago, that we are doing right in 5/10 '742 accenting this resignation, well then who is to prove we are wrong? VICE MAYOR CURRY: Are ynu reaqy for the vote? All in favor say aye. ATTORNEY CAMPBELL: A roll call notion. VICE MAYOR CURRY: Roll call. CLERK: Carrigan: Aye. Clarke: Aye. Hart: Aye. Curry: Aye. CITY CLERK ALSTON: Mr. Mayor, I have a report here from the Recreation Commission. May 10, 1951. Honorable Mayor and City Council, City Attorney Edwin M. Campbell. Gentlemen: The National City Recreation Commission has studied the operation of the canteen at the swinning pool and has the location changed in order that the issuance of swinning suits and swinning activities will be separate fron all food activities and also for the reason there are occasions that activities that are gning on in the park that should have the service of the canteen at tines when the swimming pool is not in operation. By con- ferences with the Planning Commission and the assistance of the City Manager's Office, it was possible to change location for the canteen without expenditure of honey for equipment and required only man hours to change the location. It is possible that a shall mount of screen nay have to be purchased but this is an expenditure of less than $25.00. In addition to the change of location the Recreation Commission after considerable study agrees that it would be desirable to have the canteen operated as a concession rather than by City Employees. In order that the best possible arrangement be nude, the Recreation Commission in agreement with the City Council, and City Attorney believe an offer of percentage of the gross business with a minimum 5/10 71.13 guarantee should be snlicite`t from any interested person, To date the Recreation Commissinn has had the application of Mrs. Dorothy Jensen and Mr. Charles Stein` It is suggested that the terms be as follows; 1. That the City furnish a minimum of equipment including the present equipment. installation of a sink, counter, a locked area, electricity for lighting and an eleetrie plate. That the City pay the cost of the water and light utilities. That any special equipment for vending be furnished by the concessionaire. 2. That the City be guaranteed a minimum of $25.00 per month during the.nnnths, or portions of months, that the canteen is in operation, but the entire receipts from the concessionaire be based on a percentage of the gross business. The minimum percentage that should be accepted Is five percent, but the amount to be offered by the concessionaire should be competitive amount above the five percent either thrnugh notice in the paper or through a negotiated Amount. 3. That any Applicant for the b^ncession should furnish respon- sible proof of financial stability to be responsible for the concession. It appears desirable that this canteen in its new loc,tion be operated at such time as night ball games are in proeess, also furnish additional policing in the park that there continues to be the risk and occurence of vandalism due to the children who visit the park without supervision% Ths presence of the canteen operator would help the situations The Recreation Commission will be glad to assist in supervision of the con- cession and selection of the concessionaire in any way that the City Council sees fit that the Recreation Commission will be nerfnrning its proper functions of supervision. Very truly, Billy B. Miller, Chairman, National City Recreation Commission. COUNCILMAN CAR'IGAN: May I see the letter, there were one or two points there. 5/10 744 CHARLES STEIN: My name is Charles Stein, I live at 61g "G" Ave- nue, National City, and I would like to present this application to the City at this time. CITY CLERK ALSTON: May 9, 1951. Honorable Mayor and Council- men of National City. ATTORNEY CAMPBELL: I am wondering whether you would want this bid read until such tine you had all bids in because it would give notice to everyone then. CITY CLERK ALSTON: That was a bid And we are withholding it. VICE MAYOR CURRY: If it is supposed to be a closed bid I don't think it would be the fair thing. ATTORNEY CAMPBELL: Until you decide whether you are going to advertise for bids or receive then in open letter at a certain time it would probably be unfair for anyone to read it. From the letter prepared by the Recreation Committee I will now prepare an agreement for you approval, also embodying these terms. BILLY B. MILLER: Mr. Mayor and Gentlemen of the Council. My nine is Billy B. Miller and I pm Chairman of the Recreation Commission. I would like to go on record right now as stating that there was no intention of this being a closed bid. Bida are open to everyone. ATTORNEY CAMPBELL: There was no question on the closing, Mr. Miller, as to closed bid, but as to whether or not Mr. Stein would desire to have his bid read out loud because there are competitor°. It is the will of the Council, and perhaps Mr. Stein if he wishes it read, there should certainly be no com- plaints whatsoever if Mr. Stein does not object. 5/10 745 MR. STEIN: I have no objections to it being read, if that is what you asked, COUNCILMAN CLARKE: Mr. Mayor. Has the time for accepting of bids for this concession been closed? VIC! MAYOR CURRY: Not to ny knowledge, it hasn't Mr. Clarke. COUNCILMAN CLARKE: Can we expect any more besides these two? VICE MAYOR CURRY: I think that it should be publicised some way so that anyone who cared to bid should be given the privilege of bidding on it. Has there been any publication of the bids. that it was going to be open for bids? ATTORNEY CAMPBELL: I don't know. I believe Mr. Miller would probably be able to answer that. I don't believe so. MR. MILLER: As far as ny knowledge is concerned I don't think there has ever been any effort nude to secure bids. I thought that was the place of the City Council beocuse it is not straight in ny Hind yet whether the Recreation Commission was to handle this thing or the City Council was to handle its, It has never been straight in ny Hind. VICE MAYO?, CU 2Y; Mr. Miller, I night state that the Council decided, or referred it to the Recreation Committee for a rem commendation on the building, the location of the building, but I don't believe they were to let the bids or select the one to operate the business. I don't believe it was the intent of the Council at the tine to do that. MR. MILLER: Nor was it the intent of the Recreation Commission to select the operator. That was not our intention, either, VICE MAYOR CUR=Y: I think personally. I dealt know hew the Peat 5/10 746 of the Council feel, but I think possibly it should be handled like all other business, it should be open to bids. M_.. MILLER: I am in complete accord. I am sure it should be handled that way. But so far the only applications that we have received are from Mrs. Dorothy Jensen anC from Charles Stein, consequently we acknowledged those two applications and have studied those two. VICE MAYOR CUI=Y: I thought also it was to be referred to Attorne: to draw up a contract of some sort as to the amount of tine the concession was to be oxen end n gond many ether things that would be in th4 contract necessary in order to make a bid on it. MR. MILLER: That is quite right, Sir. It seems to ne, I nay be out of order in this st"tement I am going tn make, it I an I apologize. It seers tn ne a very petty thing to be kicked around like it is. My vhole idea of getting the thing open, get- ting this concession oven when the pools opens, that was my whole idea in trying to rush this thing through. It seems like an awfully shall thing. COUNCILMAN CA 'IGAN: Mr. Mayor, I would recommend that Mr. Millar, the City Attorney and yourself get together with the two questioned concessionaires and arrange to bring this to a speedy cnnelusion, and if there are any further bids cone in that they be considered ton, and work out the various questions that night be in mind and go ahead kM consummate the deal one way or +another@ VICE MAYOR CURRY: I agree Mr. Carrigan we should do something abnut it. We shouldn't be carrying it along and holding it off. The time is at hand when something should be done about it. I think we want to do it as fair as possible to all concerned, 5/10 747 we don't want to show any favoritism whatsoever to anyone. COUNCILMAN CARRIGAN: well. do you have Mr. Stein's bid. and,I think Mrs. Jensen turned in an offer last week that was read, and I think it would be up to the member of the Board and the City Attorney and you as Mayor to decide which is the best deal and draw ur the contract and give it to one or the other. VICE MAYOR CURRY: What is the thought of the rest of the Council? COUNCILMMAN CLARKE: Mr. Mayor I move that this be referred back to the City Attorney for consultation and checking with the Recreation Commission and whoever else night be interested. As far As the concessions are concerned, the City has certain liability and until we know what the conditons are we are not in a position to vote nn these bids. I Hove that this matter be referred to the City Attorney for checking with the concessionaire and the Recreation Commission. COT C!I.HAN' MART: I will second Councilman Clrrke's notion, VICE MAYOR CURRY: The notion has been made and seconded. Any questions? COUNCILMAN CA13IGAN: If ••e night clarify that just a little bit on the question and to exnedite the natter, if it were possible for the fore mentioned persons to get together and arrive at an agreement for presentation at the Council meeting next Tuesday night then it can be accepted, or not. COUNCILMAN CLARKE: It is O.K. with me. VICE MAYOR CURLY: The notion has been made and seconded. All in favor of the notion say Rye. UNANIMOUS. Next item of businesr 5/10 74.8 CITY CLERK ALSTON: That is all I have, Mr. Mayor. VICE ?MAYOR CUIRY: Does anyone in the audience have anything to say at this time? The City Manager has something. CITY MANAGER SULLIVAN: Mr. Mayor and members of the Council, as I said last meeting I wanted to resign at the convenience of the Council and I wanted to say to you that it has been an interesting job and the acconplishnents are some, the opinion about the acconnlishnents will vary for many years. Any tine that a Manager with the strings of administration in the fingers has a certain amount of information in the Manager's head, it is not necessarily in the files, and I rant to assure you, as I said last tine, last meeting, that any information I have or in any way that I can be helpful to you I should be more than willing to do so. Because I recognize as you do that there will he nrnblems that will .rise where you will not have full information any'. I will be available for any such information you may need. VICE MAYOR CtEtRY: Thank you. COUNCILMAN CA.RaIGAN: May I, ns a member of the Council, offer my aprreciation for those remarks. COUNCILMAN CLAM: Mr. Mayor, I would like to endorse those remarks. As I maid before this is not a pleasant thing for any of us to find it necessary to do, but we cannot go along with discord, the City Attorney recently been hired there seeps to be very much the attitude the City Manager has takeq,and I appreciate a difference of opinion, and so nn, well, I appreciate/her offer in acquainting us whereby she could he of help. It is a fine spirit, and I want it understood that I an doing this out of any bias or prejudice, I ;o it after analyzing everything that a8 has taken place in the last year, and/I said the other night, everybody knows their own business best. They feel it is 5/10 749 necessary to resign to nnt interfere with harmony, th=+t in . fine spirit too. What ever the reaeo.p in back of it matters to nnt, the nerson who has made up their nind/do something they should know why they want to do it. I dnnit believe in rutting pressure upon anyone. COUNCILMAN HART: Mr. Mayor, I also arnreciate everthing Mrs. Sullivan has done for the City of National City. COUNCILMAN CAMIGAN: I move we adjourn. COUNCILMAN HART: Second. VICE IAYORL CURRY: Adjourned. ATTE 7)7 VICE -MA TY OF NA ONAL CITY, CALIFORNIA CITY CLERIC 5/10