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.
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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
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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.
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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.
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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
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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
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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.
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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.
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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
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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,
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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
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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
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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
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