HomeMy WebLinkAbout1961 04-04 CC MIN377
National City, California, April 4, 1961
Regular meeting of the City Council was called to order by Mayor
Hollingsworth at 1:30 p.m. o'clock. Council members present: Allen,
Hart, Morgan, Reid, Hollingsworth. Council members absent: None.
ADMINISTRATIVE OFFICIALS present: Alston, Bird, Curran, Kerr, Roberts,
Stockman.
The meeting was opened with pledge of allegiance to the Flag by City
Manager Bird, followed with invocation by Rev. Keeble of the First
Congregational Church.
Moved by Reid, seconded by Morgan, the minutes of the regular meeting
of March 28, 1961, be approved. Carried, by the following vote to -wit:
Ayes: Allen, Morgan, Reid, Hollingsworth. Nays: None. Vice Mayor
Hart abstaixed from voting.
RESOLUTION NO. 7903 was read, "RESOLUTION OF THE CITY OF NATIONAL CITY,
CALIFORNIA, SUPPORTING A REVISION OF THE FORMULA BY WHICH STATE HIGHWAY
CONSTRUCTION FUNDS ARE DISTRIBUTED. Moved by Alien, seconded by Hart,
the Resolution be adopted. Carried, all the Council present voting aye,
RESOLUTION NO. 7904 was read, accepting a grant deed and easement from
Russell H. and Katie J. Haring. Moved by Hart, seconded by Morgan, the
Resolution be adopted. Carried, all the Council present voting aye.
RESOLUTION NO. 7905 was read, "RESOLUTION OF THE CITY OF NATIONAL CITY,
CALIFORNIA, OPPOSING THE ADOPTION OP ASSEMBLY BILL 267." Moved by
Allen, seconded by Reid, the Resolution be adopted. Carried, all the
Council present voting aye.
RESOLUTION NO. 7906 was read, awarding the contract for Fire Station
No. 2 to Glenn H. Miller, and the Mayor is authorized and directed to
execute a contract for and on behalf of the City of National City.
Moved by bast, seconded by Morgan, the Resolution be adopted. Carried,
all the Council present voting aye.
RESOLUTION NO. 7907 was read, "RESOLUTION OF THE CITY OP NATIONAL CITY,
CALIFORNIA, OPPOSING PROPOSED CONSTITUTIONAL AMENDMENT REGARDING DISPO-
SITION OF TIDELANDS." Moved by Morgan, seconded by Reid, the Resolu-
tion be adopted. Carried, all the Council present voting aye.
RESOLUTION NO. 7908 was read, "RESOLUTION REQUESTING THAT THE CITY OP
SAN DIEGO CONSENT TO THE DEANNEXATION OF CERTAIN LANDS LOCATED WITHIN
ITS TERRITORIAL LIMITS", namely, property oommonly known as the Ramm's
Subdivision. Moved by Reid, seconded by Morgan, the Resolution be
adopted. Carried, all the CounciL present voting aye.
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ORDINANCE NO., "AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALI-
FORNIA, REGULATING THE DISPOSAL OF GARBAGE AND RUBBISH", was presented
for the second and final reading, and the title was read in full. Upon
motion of Allen, seconded by Hart, further reading of the Ordinance
was waived. The motion was adopted by unanimous vote.
ORDINANCE NO. 992, "AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALI-
FORNIA, REGULATING THE DISPOSAL OF GARBAGE AND RUBBISH". Moved by
Allen, seconded by Reid, th9 Ordinance be adopted. Carried, by the
following vote to -wit; Ayes: Allen, Hart, Morgan, Reid, Hollingsworth.
Nays: None.
ATTORNEY CURRAN stated last week he was requested to report on the case
of the City of Anaheim against the City of Fullerton; the case was one
in which the Superior Court of Orange County determined the City of
Anaheim was attempting to evade the requirements of holding an elec-
tion, pursuant to the Annexation of Territory Act of 1913 by the means
that City adopted in attempting to set up concurrent uninhabited annex-
ation. The Orange County Superior Court, on the basis of the findings
made, held that the purported annexation, pursuant to the Uninhabited
Act by the City of Anaheim was void. The ruling w as confirmed by the
Fourth District Court of Appeal. Whether the same rule would apply to
the Chula Vista annexation, which is in question, at the present can-
not be determined for the reason it involves the determination of a
question of fact. It is a situation wherein the Appellate Court has
laid down a principle of law. The question to be determined would be
whether or not there has been a violation of principle of law.
MARTHA CLARK, 2133 National Ave., was present and presented a picture
of President Kennedy to be framed and hung in the Council Chambers.
LUCILLE FAUST, 636 - 22nd Lane, was present and asked when the Council's
decision regarding her request would be presented. MAYOR HOLLINGSWORTH
stated Mrs. Faust's request was referred to the City Manager and it
will be in the City Manager's report.
COUNCILMAN ALIEN stated he understands there is to be a reorganization
of City Government next week, and has received over one hundred tele-
phone cells requesting Mr. Morgan be made Mayor of the City of National
City; also he has had a few definite requests neither Mr. Hart nor Mr.
Reid be made Mayor.
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BILLS AUDITED BY THE FINANCE COMMITTEE presented:
General Fund
Traffic Safety Fund
Park Fund
Harbor Fund
Trust & Agency Fund
Special Street Fund
Drainage Fund
.ark Construction Fund
Retirement Fund
Payroll Fund
$ 18,584.75
1,256.71
548.22
34.00
105.00
4,582.17
415.00
110.15
4,815.44
53.373..f4
TOTAL. . . . . . . . . .$ 83,825.08
Moved by Hart, seconded by Reid, the bills be approved, and warrants
ordered drawn for same. Carried, by the following vote to -wit: :.yes:
Allen, Hart, Morgan, Reid, Hollingsworth. Nays: None.
RESOLUTION NO. 7909 was read, authorizing the following payment from
the Capital Outlay Fund: STONE & YOUNGBERG, $7,571.50, payment on
1911 act work on 28th Street between National Avenue and "B" Avenue
and "B" Avenue between 27th Street and 28th Street. Moved by Allen,
seconded by Reid, the Resolution be adopted. Carried, all the Council
present voting aye.
CITY CLERK ALSTON stated at the last Council meeting an application
for on -sale beer beverage license for Al's Cafe, 2100 National Avenue,
was presented, and there was a tie vote. It is a new application and
the police report stated there were no grounds for protest. Moved by
Hart, seconded by Reid, the application be filed. Carried, by the
following vote to -wit: Ayes: Hart, Reid, Hollingsworth. Nays: Allen,
Morgan.
CITY CLERK ALSTON reported the following bids were opened April 3rd
for the Paving Portions of Plaza Blvd.: GRIYr'iTH COMPANY, $29,816.74;
R. E. HAZARD CONTRACTING COMPANY, $29,723.37; V. R. DENNIS CONSTRUCTION
COMPANY, $33,305.05; SIM J. HARRIS, $29,389.84; KENNETH H. GOLDEN COM-
PANY, $30,833.68; DALEY CORP., $29,970.75.
CITY CLERK ALSTON reported the following bids were opened April 3rd
for "D" Avenue Sewer Extension: S . SHUIIMAN & SON, $17, 315.00; CANIEttON
BROS. CONSTRUCTION COMPANY, $16,220.16; PACE CONSTRUCTION COMPANY,
$15,281.95; L. B. BUTTERFIELD, INC., $13,448.80; WALTER H. BARBER,
$18,363.80; W. A. BROWN, $15,557.6 2.
CITY MANAGER BIRD stated he had a copy of the original Sewage Disposal
Agreement with the City of San Diego dated and corrected as of Janu-
ary 23, 1961, and recommended it be received, documented and placed on
file with the City Clerk. Moved by Hart, seconded by Allen, the recom-
mendation of the City Manager be approved. Carried, all the Council
present voting aye.
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CITY MANAGER BIRD recommended the bid of L. B. Butterfield, Inc., in
the amount of $13,448.80 for the "D" Avenue Sewer Extension, be accepted
and the City Attorney authorized to prepare the necessary resolution.
Moved by Allen, seconded by Reid, the recommendation of the City Mana-
ger in regard to accepting the bid of L. B. Butterfield for the "D"
Avenue Sewer Extension be approved, and the City Attorney be authorized
to prepare the resolution. Carried, all the Council present voting aye.
CITY MANAGER BIRD stated with reference to the bids for paving portions
of Plaza Blvd., it is his recommendation the bids as submitted by the
six companies be held over one week; the reason is because it is a
joint project wherein the abutting property owners have agreed to
deposit with the City Treasurer their proportion of the money. The
abutting owners will pay for the twenty feet abutting their property
on both sides of ilaza Blvd. and under City policy the City will pay
for the center strip. The amounts are being figured so the property
owners can be informed as to the amounts they must deposit. Our pol-
icy is not to award the contract unless we have the money to meet our
obligations. Moved by Morgan, seconded by Reid, the award of the con -
over
tract for paving portions of Plaza Blvd. be laic/ until next week, or
until the money from the abutting property owners has been deposited.
Carried, all the Council present voting aye.
COMMUNICATION FROM W. F. McDONALD, CAPT., USN, ASST. STATE PROJECT
OFFICER, was read, requesting the Mayor to proclaim the period of May
13 21 as Armed Forces Week. Moved by Allen, seconded by Reid, the
Mayor be authorized to proclaim Armed Forces Week. Carried, all the
Council present voting aye.
COMMUNICATION FROM J. E. MURRAY, PRESIDENT, MURRAY MILL & MANiUFACTURING
INC., was read, stating they have the continuing problem of the accumu-
lation of trash in floor sweepings, cuttings and rippings, and feel the
best solution to their problem is the sanitary service offered in the
other parts of the county, but not by the contractor in National City.
It is requested permission be granted to make arrangements with another
contractor to bring the service to their plant. CITY MANAGER BIRD
recommended the communication be referred to the Sanitation Department
for a report next week. Moved by Alien, seconded by Reid, the recom-
mendation of the City Manager in regard to the request of Murray Mill
& Manufacturing be referred to the Sanitation Department. Carried,
all the Council present voting aye.
CITY MANAGER BIRD reported bids were opened for the sale of used furni-
ture of the Olivewood Housing in connection with phasing out, Proposals
were opened by the City Manager 2:00 p.m., Monday, April 3rd, at the
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381
Housing Office.. Successful bidders were: BACON STREET FURNITURE;
VALLEY FURNITURE, TALBOT USED FURNITURE, SOUTHWEST FURNITURE COMPANY,
SID'S FURNITURE BARN, HIGH $ AUCTION MART, PAUL W. McKNIGHT, RAINBOW
BARGAIN SHOP, and the list of the items and price are listed on the
report from Acting Housing Director Stogsdill. CITY MANAGER BIRD read
all the bids which were received, and recommended the award be made to
the above named bidders. The bid of Bacon Street Furniture was read
in detail. Moved by Morgan, seconded by Reid, we accept the bid of
Bacon Street Furniture. MAYOR HOLLINGSWORTH stated there is one recom-
mendation for all of the bids. COUNCILMAN MORGAN, with the approval
of his second, COUNCILMAN REID, withdr04 the motion. CITY MANAGLIC BIRD
recommended the Housing Authority be a .ithorized to make the sale on the
bids as presented. Moved by Morgan, Seconded by Reid, the City Mana-
ger's recommendation be approved. Carried, by the following vote to -
wit: Ayes: Allen, Hart, Morgan, Reid, Hollingsworth. Nays: None.
CITY MANAGER BIRD stated bids were opened by him at 2:00 p.m., Thurs-
day, March 30, 1961, at the Hoiping Office for the sale of eight duplex
buildings, east of National Avenue. Bids were received from the fol-
lowing: JOSE CASTILLO, CARLOS SERRANO, INTERNATIONAL HOMES, GLEN D.
BECKETT, LULL HOUSE MOVING COI'leANY, JOHN WOOLMAN ENTERPRISES, S.- W.
SOUTHRLAND & ASSOCIATES, invalid by reason of stipulation; F. E. Me-
CORTtICK, JOHN R. HANS, A. W. RINGHAND, R. D. WIER & S. W. HOUSE MOVERS.
CITY MANAGER BIRD stated the bid of S. W. Southerland & Associates was
invalid by reason of stipulation, and asked the Attorney's ruling on
this matter. The bid of Southerland stated, the bid is based on the
contingency the buildings may be moved intact. MR. BIRD stated the
call for bids stated the buildings were to be razed on site. CITY
ATTORNEY CURRAN stated it is very clear the attempt to insert a clause
which is prohibited by the call for bids precludes any consideration
of that bid, REPORT FROM ACTING HOUSING DIRECTOR STOGSDILL stated it
was determined JOSE COSTELLO was the successful bidder on the seven
units as designated at an average price of $324.00 per unit; JOHN
WOOLMAN ENTERPRISES was successful bidder on the remaining unit, having
bid $275.00 per unit on one or all buildings. The bid of S. W. SOUTH-
ERLAND & ASSOCIATES was invalid by reason of stipulation. CITY MANAGER
BIRD recommended the Council consider award of sale to JOSE COSTELLO
of seven units at an average price of $324.00 per unit; and one unit
to JOHN WOOLMAN ENTERPRISES for $275.00 per unit, and the checks on
deposit be returned to the unsuccessful bidders. Moved by Hart, sec-
onded by Reid, the City Manager's recommendation regarding the sale of
the eight duplex buildings be approved. Carried, by the following vote
to -wit: Ayes: Alen, Hart, Morgan, Reid, Hollingsworth. Nays: None.
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382
CITY MANAGER BIRD stated he has a request which he asked the Chief of
Police to compile, and it has to do with the law passed in 1959 which
is now underway regarding training of probationary policemen, etc.
COMMUNICATION FROM POLICE CHIEF CAGLE was read, stating attached is a
sample ordinance guide setting forth the requirements of Section 13522
of the California Penal Code relating to training of law enforcement
officers. It is requested the sample be studied by the City Attorney
with the result of enacting a National City ordinance enabling the City
of National City to qualify for aid in the training of law enforcement
officers from the State of California under provisions of Chapter I,
Title IV, Fart IV of the California Penal Code. Under our present pay
scale for each new officer who undergoes his basic training at the San
Diego rolice Department, which has been officially approved as an auth-
orized school, the City of National City will receive from the State
of California $212.80 each. The City of San Diego at the present time
is considering a tuition fee to be charged for each officer attending
their school from outside agencies. The tuition fee will cover the
actual cost of material supplied while in training, and it is believed
it will rot be in excess of 410.00. In order to qualify for State aid
u_uc;-er the program, it is necessary a City ordinance be adopted before
any new officers are enrolled in school. CITY MANAGER BIRD recommended
it be referred to the City Attorney for a report, and/or preparation
of a necessary ordinance. Moved by Allen, seconded by Reid, the recom-
mendation of the City Manager on the recommendation of the Chief of
Police be referred to the City Attorney for a report, and if feasible,
an ordinance be prepared. Carried, all the Council present voting aye.
CITY MANAGER BIRD reported he is in receipt of the executed Master
Agreement relative to State allocated 5/80 Gas Tax Funds, and recommende
it be received by the City Clerk, documented and placed on file. Moved
by Reid, seconded by Hart, the recommendation of the City Manager be
approved. Carried, all the Council present voting aye.
COMMUNICATION FROM CIVIL SERVICE COMMISSION was read, recommending an
appointment be made to fill the vacancy on the Civil Service Commission
created by the resignation of J. H. Irvine.
COMMUNICATION FROM T. M. HEGGLAND, Administrative Officer, County of
San Diego, was read, acknowledging receipt of the executed Civil Defense
and Disaster Agreements from Del Mar and Escondido, and notification
of intention to execute the agreements from other addressees. The exe-
cuted agreements will be accumulated and presented to the Board of Super•
visors for action when these cities, including San Diego, have signed.
CITY MANAGER BIRD stated it is in reference to the resolution which the
City adopted, a copy of which was sent to the Board of Supervisors for
participation in Civil Defense.
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CITY MANAGER BIRD stated he has classifications which have been
reviewed and sent back to the Civil Service Commission, and we are now
in accord; there were certain matters regarding the minimum standards
and qualifications which were worked out by the Chairman of the Civil
Service Commission and the Commission along with the suggestions on
the part of Management. MINIMUM STANDARDS AND QUALIFICATIONS for
DEPUTY GENERAL INSPECTOR were read. CITY MANAGER BIRD recommended the
standards of Deputy General Inspector be incorporated in the Civil Ser-
vice classifications. Moved by Hart, seconded by Reid, the recommenda-
tion of the City Manager be approved in regard to the standards of
Deputy General Inspector. Carried, all the Council present voting aye.
CITY MANPGLR BIRD presented the minimum standards and qualifications
for SENIOR DEPUTY GENERAL INSPECTOR, and recommended the classification
of Senior Deputy General Inspector be made a part of the Civil Service
classification plan. Moved by Allen, seconded by Reid, the recommenda-
tion of the City Manager in regard to the qualifications for Senior
Deputy General Inspector be approved. Carried, all the Council present
voting aye.
CITY MANAGER BIRD presented the minimum standards and qualifications
for ASSISTANT PLANNER, and recommended the classification of Assistant
Planner be made a part of the Civil Service classification plan. Moved
by Reid, seconded by Hart, the recommendation of the City Manager in
regard to the qualifications for Assistant Planner be approved. Car-
ried, all the Council present voting aye.
CITY MANAGER BIRD presented the minimum standards and qualifications
for PLANNING DRAFTSMAN, and recommended the classification of Planning
Draftsman be made a part of the Civil Service classification plan.
moved by Allen, seconded by Hart, the recommendation of the City Mana-
ger in regard to the classification of tlanning Draftsman be approved.
Carried, all the Council present voting aye.
REPORT OP THE HARBOR CONIITTEE was read, stating it was the recommenda-
tion of the Committee Section 4 of the Parker lease be changed to read
the same as the National Freight Terminal lease. Moved by Hart, sec-
onded by Morgan, the recommendation of the Harbor Committee be approved.
Carried, all the Council present voting aye.
REPORT OF THE HARBOR COMMITTEE stated it was the suggestion of Chairman
Gillen that Councilman Morgan be named Vice Chairman of the Harbor Com-
mittee. Moved by Alien, seconded by Hart, Mr. Horgan be made Vice Chair-
man of the Harbor Committee. Carried, all the Council present voting
aye.
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REPORT OF THE HARBOR COMMITTEE was read, stating discussion was held
regarding the Paradise Creek crossing, and the Committee recommended
we extend Tidelands Avenue across Paradise Creek, providing for local
drainage, and to install drainage through the fill prior to the next
rainy season. Moved by Morgan, seconded by Hart, the recommendation
of the Harbor Committee regarding extending Tidelands Avenue across
Paradise Creek be approved. Carried, all the Council present voting
aye.
CITY MANAGER BIRD stated last week we heard the complaint of Lucille
Faust, 636 - 22nd Lane, and it was referred to the Manager for a report.
CITY MANAGER BIRD stated he has investigated the matter, and it is his
recommendation Mrs. Faust not be re -housed in the Olivewood Housing
Project, and proper eviction notice be authorized and served upon her.
Moved by Reid, seconded by Hart, the recommendation of the City Manager
be approved. Carried, all the Council present voting aye. MRS. FAUST
asked just when she must vacate the premises. MAYOR HOLLINGSWORTH
F.Jated the eviction notice will state the time. MRS. PAUSE stated she
would like to be able to stay in the Housing for the balance of the
month. COUNCILMAN MORGAN AND VICE MAYOR HART stated they would be in
favor of Mrs. Faust being allowed to remain there the balance of April,
if it is possible to so do.
CITY MANAGER BIRD stated there are a number of Legislative bills, and
has a direct communication from the League of California Cities to all
City Officials; it is a report regarding the passing of the halfway
mark of the Legislature now in session, and it stated few, if any, con-
structive bills affecting cities have been approved and many bills
opposed by cities threaten to reach the Governor's desk notwithstanding
municipal opposition. SB 1031 restores the doctrine of governmental
immunity from tort liability which was discarded by decisions of the
Supreme Court on January 27, 1961, in Muskopf vs Corning Hospital Dis-
trict, and Lipman vs Brisbane Elementary School District. These deci-
sions abruptly extending tort liability of the State, cities, counties,
school districts and other public agencies raise many serious problems
for all such governmental agencies. In the past, public agencies have
not been liable for the negligence of employees acting within the scope
of their authority and while performing governmental functions. Cities
have been liable for the negligent act of employees in connection with
the operation of vehicles or while engaged in proprietary functions.
Cities also have been liable for dangerous and defective conditions of
public works and facilities. As recently as 1958, the Supreme Court
indicated that the abrogation of the doctrine of governmental immunity
was primarily a legislative matter. However, the recent decisions take
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the question out of the hands of the Legislature and cities may now be
held liable for the negligence of police officers in making arrests;
for the negligence of firemen engaged in fire prevention activities or
in putting out fires; for the negligence of building, plumbing, and
electrical inspectors inspecting work performed by others; and for the
negligence of any and all city employees engaged in governmental acti-
vities necessary for the preservation of the public health, safety and
general welfare. It is now known whether cities can obtain insurance
to cover such liability, or the cost. The League believes governmental
liability should not be extended by the courts beyond the level of
liability as it existed on January 1, 1961, but rather the Legislature
should carefully review the entire governmental immunity doctrine and
thereafter extend government liability on a gradual and acceptable
basis which would not endanger the performance of such essential gov-
ernmental functions as fire and police protection, building and health
inspection, etc. SB 1031 merits complete support. Moved by Allen, a
resolution be prepared to support the bill. MAYOR HOLLINGSYWORTH asked
if Mr. Alien would object to holding it up until the City Attorney
returns; the League suggested the bill be discussed with the City Attor-
ney and thereafter advise your legislators of your position. COUNCIL-
MAN ALLEN withdrew the motion. MAYOR HOLLINGSWORTH stated there is an
entire paragraph in the Bulletin addressed to City Attorneys to report
back on SB 1031. Moved by Hart, seconded by Morgan, it be held over
for one week for the City Attorney to study. Carried, all the Council
present voting aye.
BULL TIN FROM THE ILAGUE OR CALIFORNIA CITIES stated there has been
introduced by Senator Richards a proposed constitutional amendment,
SCA 26, which would require telephone companies to pay an annual tax
of 1% on business done within California. The tax would be in lieu of
telephone franchise taxes usually paid to counties and cities for the
use of streets and roads. If approved by the voters the proposal would
have the effect of placing telephone companies in the same position as
gas, electric, water, transportation and other utilities using public
streets and now paying franchise taxes for the extremely valuable right
of using public streets and roads for the purpose of doing a private
business. Telephone companies alone have been held exempt from such
franchise payments. The amendment restores equity by placing telephone
companies in the same position as all other utilities and relieves
local taxpayers of the burden they were required to assume when the
courts held the telephone companies exempt from the responsibility of
paying the usual franchise taxes for the special privilege of using
public streets for the conduct of telephone business. The proposal is
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sponsored by the League of California Cities and the County Supervisors
Association. If approved by the voters, it would return to cities more
than 600 per capita. The proposed constitutional amendment would
impose an annual tax of 1% on telephone companies local and toll ser-
vice revenues received from intra-state communication services. The
revenues would be distributed to oounties and cities on the basis of
population. The tax would be in lieu of all other local taxes, includ-
ing business licenses, excise, franchise, and local income taxes, as
well as ad valorem taxes on telephone company rights of way. Moved by
Morgan, seconded by Hart, we go on record in favor of supporting the
bill. Carried, by the following vote to -wit: Ayes: Hart, Morgan,
Reid, Hollingsworth. Nays: Alien.
BULLETIN FROM THE LEAGUE OP CALIFORNIA CITIES regarding additional
revenue for City streets, was read, stating notwithstanding general
recognition of City street and county road deficiencies and the com-
pletely inadequate revenues with which to correct such deficienoies,
there has not been sufficient city support for either an in lieu tax
or gasoline tax increase to warrant introduction of legislation to
accomplish this result. Only 69 of the 371 cities have approved reso-
lutions urging the Legislature to increase highway user taxes in order
to provide the necessary additional revenue. The national administra-
tion is facing the problem of the inter -state system and recommending
an increase in gasoline and other user taxes to provide the neoessary
revenue. There is little prospect of either a gasoline or in lieu tax
increase at this session to provide additional revenue for city streets
and oounty roads. The Senate Transportation Committee is considering::
the possibility of a so-called local option in lieu tax which would be
levied by a county board of supervisors and distributed to the counties
and cities therein in the same manner as was proposed in the gasoline
or in lieu tax measure. It would be levied by the county and collected
by the State, and would be similar in respect to the local sales tax.
City officials throughout the State should have a continuing program
of educating the people of the oommunity and their legislators on needs
which cannot be met except by additional revenue. The program should
continue through the balance of the legislative session and during the
interim period if no solution to the problem is found by the present
Legislature.
AB 1705 would remove the present utility use tax exemption from the
Bradley -Burns Uniform Local Bales and Use Tax Law which was enacted in
1955. It was understood by all involved in the 1955 legislation the
utility use tax exemption would be deleted when all counties and cities
were under the Bradley -Burns Act, and the time has arrived. The
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additional revenue received by cities and counties from enactment of
AB 1705 will go a long way toward replacing revenues which will be
loot from the exemption of drugs and medicines from the sales and use
tax which is expected to be approved at this session of the Legislature.
AB 1705 will be heard soon by the Assembly Committee on Revenue and
Taxation. The League of California Cities urge all cities to express
their support of AB 1705, and it is particularly important cities whose
legislators are members of the Assembly Revenue and Taxation Committee
write immediately, MAYOR HOLLINGSWORTH stated Assemblyman Hegland is
Vice Chairman of the Assembly Revenue and Taxation Committee. Moved
by Allen, seconded by Morgan, we go along with the recommendation of
the League of Cal ernia''C-ities, and prepare a resolution in regard to
the bill and a1so,we tify our representatives. Carried, all the
.Council .'present Notingaye.
AB;391^would:;exempt from perbQ`property taxation "the personal prop-
erty, :consisting.o 1yHof houeebold'goods and personal effects, of every
householder, up to -the -amount of $500.00." The Constitution now grants
an exemption of -$100.00. it 'is estimated on a statewide basis the
exemption amounts **o about $50,000,000. We cannot anticipate a 50
million dollar reduction in school, county, city and district services
if the bill is=approve:d, but rather a transfer of this burden to other
property taxpayers. AB 391 has been approved by the Assembly, The
League.of California Cities stated if you are opposed to the measure,
they suggest after it has been determined from your city or county
.assessor'°its effect on your city budget or on your city tax rate you
.write your senator. Moved by Allen, seconded by Hollingsworth, we find
out from the County Tax Assessor, who is our Assessor, what effect this
will have on National City; the City Clerk to obtain this information
and report to us next Tuesday. Carried, all the Council present voting
aye.
BULLETIN FROM THE LEAGUE OF CALIFORNIA CITIES stated two assembly bills
are pending which would have the effect of reducing revenue received by
cities and counties from motor vehicle license fees (in lieu taxes).
AB 1638 would reduce the present delinquent penalty from one-half the
amount of the license fee to 6%, AB 1990 would reduce the amount of
delinquent penalties from one-half of the license fee to 10% thereof
or in no event less than $1. We concede existing penalties are high
and the proposed penalties are more in line with penalties for delin-
quent payment of other taxes, licenses or fees. Present revenue from
delinquent penalties amounts to approximately $1,200,000. annually.
AB 1638 would reduce $1,200,000 by 94% and AB 1990 would reduce the
same amount by 90%. AB 1638 is pending before the Assembly Committee
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on Revenue and Taxation and AB 1990 is
mittee on Transportation and Commerce.
Morgan, no reply be made to this item.
ent voting aye.
AB 1214 which would have authorized city councils to initiate annexa-
tion proceedings has been defeated by the Assembly Committee on Muni-
cipal and County Movernment. AB 127 amending the Brown Aot relative
to legislative meetings has been amended and as amended is per_ding
before the Senate Committee on Local Government. In its present form,
it is not objectionable, but would confirm the reasonable interpreta-
tion of the Brown het as declared by the District Court of Appeal in
Adler vs City Council of Culver City, 184 A.C.A. 805. AB 441 also has
been amended and in its amended form is now acceptable. It would now
provide for an election in connection with community redevelopment only
in the event a referendum petition has been filed with the city.
AB 2375 introduced on March 24th may provide an acceptable answer to
the bills which have been introduced in recent years on collective
bargaining for public employees. AB 2375 simply indicated employees
have the right to join employee organizations; employee organizations
have the right to represent their members on wages, hours, and other
terms and conditions of employment; governing bodies or designated
administrative officers have the duty to confer with employees or
their representatives; public agencies may not intimidate or discrimi-
nate against public employees who join employee organizations; and
employee representatives must be given reasonable access to employees
without in any way disrupting public business. No mention is made of
either collective bargaining or arbitration. Interested city officials
should write and request a copy of the bill and after examining it,
the League would appreciate their views. Moved by Hart, seconded by
Morgan, we get a copy of the bill so we can have it for study. Carried,
all the Council present voting aye.
AB 755 which would have the effect of returning partisan politics to
local government remains in the Assembly file because the author appar-
ently does not have sufficient votes for passage. City opposition has
been excellent.
388
pending before the Assembly Con -
Moved by Hart, seconded by
Carried, all the Council pres-
CITY MANAGER BIRD stated we should have a meeting of the Finance Com-
mittee. MAYOR HOLLINGSWORTH, Chairman of the Finance Committee,
requested a meeting of the Committee at 2:00 p.m., Friday, April 7th.
MAYOR HOLLINGSWORTH asked if Attorney Curran was ready to make a report
relative to SB 1031 on Municipal Liability. ATTOaNEY CTJRRAN stated the
whole problem comes because of the Supreme Court of the State of
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California ire a recent decision overruling the previously existing law
of the State of California. It would severly cripple the operations
of the City of National City and all cities in the event BB 1031 to
override the Supreme Court is not adopted. It seems very clear National
City should join with the other cities in doing everytbtrg it can to
see that BB 1031 does become law. Moved by Morgan, seconded by Hart,
we notify the Senate and any others necessary we are in favor of the
bill. Carried, all the Council present voting aye.
CITY CLERK ALSTON presented the Affidavit of i ublication by proponents
of a petition relating to annexation of Lincoln Acres to National City,
including the names of the circulators of the petition and also the
boundary description. Moved by Allen, seconded by Reid, the affidavit
be filed and recommend the City Attorney continue with the next phase
of the annexation. Carried, all the Council present voting aye.
COMMUNICATION FROM ASSEMBLY'SAN HEGLAND was read, thanking City Clerk
Alston for hevtelegram expressing opposition to AB 494, AB 350, and
AB 625, and stated he certainly believes in home rule. Moved by Reid,
seconded by Hart, the communication be filed. Carried, all the Council
present voting aye.
COUNCILMAN ALLEN stated it was brought to his attention it was quite
possible there have been telephone communications with the City of San
Diego and we have an ultimatum of either signing for the sewer by
Thursday or else being assessed the amount of money which would be
required as a penalty if we did not sign or went on to a later date,
and asked if anyone else had been so informed. CITY ATTORNEY CURRA,N
stated the reason he was called out of the meeting was to -take two
telephone calls, one from Mr. Beebe in Los Angeles and the other one
from Mr. Firestone, Assistant City Attorney of the City of San Diego.
It is a matter which should be discussed in detail with the Council,
and is a matter which involves possible litigation and appears to be
something the Council might very well take up immediately in an execu-
tive session.
Moved by Morgan, seconded by Hart, the meeting be adjourned. ATTORLY
CURRAN stated it is necessary to adopt a resolution of award of con-
tract. COUNCILMAN MORGAN, with the approval of VIOL MAYOR HART, with-
drew their motion.
Moved by Allen, seconded by Morgara, the meeting be adjourned to an
executive session. Councilman Allen, with the approval of Councilman
Morgan, withdrew their motion.
RESOLUTION NO. 7910 was read, accepting the bid of L. B. Butterfield,
Inc. in the amount of $13,448.80 *Or- 'ID" AVENUE SEWER BXTErSION AND
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390
SI,tiAGB PUMPING STATION, and the Mayor is authorized and directed to
execute the contract for said project. Moved by hart, seconded by
Allen, the Resolution be adopted. Carried, all the Council present
voting aye.
Moved by Allen, seconded by. Hart, the meeting be adjourned to the exe-
cutive session. Carried, all the Council present voting aye.
The Executive Session was terminated by Mayor Hollingsworth. The
Council was called to order at 5;29 p.m.
Roll Call: Councilman Alien, Vice -Mayor Hart, Councilman Morgan,
Councilman Reid, and Mayor Hollingsworth. Administrative Officials
present: City Manager Bird and City Attorney Curran. Also present
was Mr. John Johnson, Reporter for the Independent Newspaper.
Moved by Morgan, seconded by Hart, the City Manager act as City Clerk
pro tem. Carried, all the Council present voting aye.
Moved by Allen, seconded by Hart, that due to the fact that the City
of San Diego has determined it did not wish to press a law -suit against
our Mayor and it plans to withdraw the authorization of its City Mana-
ger to sign a new agreement with the City of National City, without
prejudice to further negotiations, the authorization for the Mayor to
sign the proposed Metropolitan Sewage Agreement is withdrawn and the
City Attorney is authorized to negotiate with the City of San Diego for
amendments to our existing sewage agreement with the City of San Diego,
which will protect the City of San Diego and the City of National City.
Motion carried, all the Council present voting aye.
Moved by Hart, seconded by Reid, the City Council adjourn. Carried,
all the Council present voting aye. Council adjourned at 5:32 p•m•
ATTEST:
CITY CIE
4/4/61