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HomeMy WebLinkAbout1956 02-21 CC MIN215 National City, California, February 21, 1956 Regular meeting of the City Council was called to order by Mayor Hodge at 1:30 P.M. otclock. Council members present: Fessman, Heck, Jensen, Hodge. Council members absent: Hollings- worth. ADMINISTRATIVE OFFICIALS present: Alston, Holgate, Bird, Lill, Wagner, Curran. The meeting was opened with pledge of allegiance to the Flag, followed by invocation by Rev. Warriner. COUNCILWOMAN HOLLINGSWORTH present, Moved by Jensen, seconded by Heck, that the minutes of the reg- ular meeting of February 14, 1956, be approved. Carried, all the Council present voting aye. BILLS AUDITED BY THE FINANCE COMMITTEE presented: General Fund $15,463.88 Park M & I Fund 338.79 Traffic Safety Fund 1,939.39 Drainage Fund 290.00 Trust & Agency Fund 65.72 Retirement Fund 2,206.84 Special Street Fund 77.35 Payroll Fund 26,435.61 TOTAL $46, 17.58 Moved by Hollingsworth, seconded by Fessman, that the bills be approved, and warrants ordered drawn for same. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: Jensen. RESOLUTION NO. 6565 was read, authorizing the expenditure of the sums hereinafter set forth from the Capital Outlay Fund: Austin Safe & Desk Company, $1,347.24, Chairs for Court Room; Ets-Hokin & Galvan, $441.10, final payment (10%) for Traffic Lights on Highland Avenue at loth Street. Moved by Hollingsworth, second- ed by Heck, that the Resolution be adopted. Carried, all the Council present voting aye. MRS. BERYL MCDANIELS, 402 W. 13th Street, was present and stated she thought the action taken by the Council to prohibit the moving of houses into National City will work a hardship on many people, and that many of the houses would add to the neigh- borhoods into which they would be moved and bring additional taxes. After discussion by the Council the policy remained the same as passed last week. PETITION for improvement of Streets was presented. It is re- quested that the City Council authorize the City Manager to have the following streets brought up to the Specification Standards as of the time they were installed and accepted for maintenance by the City, (basis specifications call for a pavement of a mix- ture of oil and dirt): Gamma Street from N. "T" Avenue west- ward to 47th Street; Beta Street from the east side of the inter- section of Beta Street and North "R" Avenue to 47th Street; North "R" Avenue from Gamma Street northward to Beta Street. CITY MANAGER BIRD stated he and City Engineer Lill met with approximately 60 people and the concensus of opinion was that they did not want to institute 1911 proceedings for street im- provements, but were interested in sidewalks and had represent- atives of financialinstitutions present to give them the possible 2/21 216 methods of financing, also had contractors present to give them figures on sidewalk improvement. Their main aim relative to streets was that they wanted the streets put back in the same condition as they were when they were accepted by the City. Moved by Hollingsworth, seconded by Jensen, this be referred to the City Manager and City Engineer for costs and further con- sideration. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Hodge. Nays: Fessman, COMMUNICATION FROM ATTORNEY JOHN RONIS was read, stating this office represents Mr. John Myres, the owner of National City Transfer. Mr, Myres is erecting a new warehouse on McKinley Avenue between list and 22nd Streets and requests that street lights be placed on both 21st and 22nd Streets on McKinley Avenue. Moved by Heck, seconded by Hollingsworth, that this communication be referred to the Traffic Safety Committee for recommendation. Carried, all the Council present voting aye. COMMUNICATION FROM CITY ENGINEER LILL was read stating that the petition for the 1911 Act Improvement of Harbison Avenue, 4th Street to 6th Street, was signed by the owners of 71.5% of the street frontage of that portion of Harbison Avenue. The im- provements desired are sidewalks, curbs and paving. It is re- commended that this office be instructed to proceed with this project, and recommended that the City absorb engineering, sewer and drainage costs for this project. The request was approved by the City Manager. Moved by Heck, seconded by Hollingsworth, the Engineer's and City Manager's recommendation be approved. Carried, all the Council present voting aye. REPORT FROM ACTING BUILDING OFFICIAL BIGGS was read regarding a refund of house moving contractor's bond. An investigation has been made regarding the refund of the bond of August And- erson and it has been determined that Mr. Anderson's operation within the City Limits of National City has been such that no complaints have been received by the Police Department or Supt. of Streets regarding unlawful practices or damage to public or private property. It is therefore recommended that the cash bond in the amount of $1,000.00 be returned to Mr. Anderson. T he release of this bond automatically cancels the business license as issued by the City License Clerk to cover this oper- ation. Moved by Fessman, seconded by Heck, that the recommend= ation be accepted. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Jensen, Hodge. Nays: None. REPORT FROM CITY ENGINEER LILL was read stating R. E. Hazard Construction Company has completed the paving and resurfacing of "D" Avenue from loth Street to 24th Street. This work was done under City inspection and it is recommended that the City accept the project and authorize payment as specified in the Contract, as follows, and that a Notice of Completion be filed: Total amount of contract, $45,683.63; 10% retention not due un- til 35 days after project accepted and Notice of Completion filed, Z4,568.36; total of progress payments made as of this date, $22,631.98; total due upon acceptance of Contract, $18,483.29. The original estimated amount of this contract was 1345,390.70 and the actual amount of $45,683.63 is $292.93 greater than estimated. The extra sum is due to necessary replacement of more gutter than was estimated; also asphalt concrete needed to satisfactorily resurface the existing strip pavement. CITY MANAGER BIRD stated it has his approval and recommended that the City Attorney be authorized to prepare the necessary acceptance of document resolution for the payment of this demand. Moved by Heck, seconded by Fessman, that the Manager's recommendation 2/21 217 be allowed and the Attorney prepare the necessary resolution. Carried, all the Council present voting aye. CITY MANAGER BIRD stated we are in possession of letters from the League of California Cities setting forth the Board of Directors Announcements of Major Policies and Program for 1956. There are quite a number of them which are of direct interest to National City; one is the uniform sales and use tax ordinance and contract which states they are advised that the State Board of Equalization and ether state agencies would have the uniform contract available by February 15th; and were also advised that the State Board of Equalization would not comment on the uniform ordinance which had been submitted to it. On the basis of this advice, the County Supervisors Association sent to all counties a draft of the uniform county ordinance. Proposed action by some counties made it necessary for us on February 6th to dis- tribute a draft of the ordinance to all cities. Actually the State Board of Equalization intended also to make suggestions with respect to the ordinance, and changes in the draft we dis- tributed on February 6th have been made. We have asked cities to destroy the February 6th draft as it is defective. The League has distributed to every city a final draft of the or- dinance and the uniform contract. CITY MANAGER BIRD stated this is the contract which was turned over to the City Attorney to prepare the necessary documents for today. The Bulletin further stated that the contract provides that the cost to cities and counties will be determined annually by the State Board of Equalization. The cost for the first year will be 1.70% of the amount collected for each city and county, and thereafter the cost will be determined on the basis of experience for the pre- vious year. This is equivalent to the cost to the State of California for collecting its own sales and use tax. CITY MANAGER BIRD stated there are a number of proposed legislative changes, some reflecting flood damage assistance; also the question of water which will be presented before special leg- islative session in relation to the creation of a needed single Water Authority in the State of California. The Board of Di- rectors of the League has proposed a California Disaster Act in which they propose to amend what is new known as the Civilian Defense Disaster Act to broaden its scope and to emphasize con- trol and coordination in local disasters which the present Civilian Defense Act does not take into consideration. The Bulletin stated that in regard to State Planning Agency it is now perfectly clear that the law enacted in 1955 to create a Local Planning Advisory Committee to the State Allocation Board does not enable the State to receive on behalf of the cities of this state federal planning assistance. Governor Knight at the Annual Conference stated with respect to the 1955 law: "I have signed into law Senate Bill 735 which creates a Local Planning Advisory Committee, the purpose of which is to provide inform- ation and recommendations relating to local planning problems. It is my opinion that this initial step is only the beginning of the assistance the State should give you in planning for your future. Community planning becomes more important as California expands its population and its economy". Unfortunately the Local Planning Advisory Committee is not legally in a position to carry out the Governor's desires. Meanwhile, there is no state agency concerned with physical planning at the state, regional or local levels. CITY MANAGER BIRD stated the other bill which is being presented by the League of Cities Board has to do with Census Allocation, By the end of 1,76 cities in California will have expended in excess of $1,5C0,000.00 in order to take special censuses for the purpose of allocation of gas and in lieu taxes. The League and the Los Angeles County 2/21 218 Division of the. League have undertaken studies of the problem. The Board of Directors of the League has directed that the League support at the Budget Session in March a request for in- clusion in the State budget of funds adequate to permit the State Department of Finance to undertake population estimates in those cities which intend to conduct a special census during 1956. The purpose of the Department of rinance's estimates will be to determine whether estimation of population can be done accurately enough for it to be used as a means of population de- termination in the future in lieu of special censuses. If the estimates made by the Department are reliable, it may be possible to provide legislation which would authorize the use of annual estimates for all cities for tax allocation purposes. JOINT INTERIM COMMITTEE ON TRANSPORTATION has been conducting a series of hearings throughout the state in order to make inquiry into the reasons for the lag between receipt and expenditure of gas- oline tax funds by cities. The Board announced that the League would oppose any move to: (1) require cities and counties to match gasoline tax funds with local funds; (2) require all of the in lieu tax funds received by cities and counties to be used for street and road purposes; (3) provide for reversion of local gas tax funds after a fixed period of time; and (4.) permit the state to retain local gas tax funds until necessary for expend- iture. In an effort to resolve the serious problems of accum- ulations of gas tax funds allocated to cities, the Board has suggested that the League's Transportation Committee give con- sideration to the following possibilities looking toward the formulation of a positive policy in this field; (1) permit cities to contract for projects in advance of the allocation of funds; (2) consider authorizing cities to issue revenue bonds for highway purposes with gas tax funds being used to defray bond interest and redemption costs; and (3) consider the possib- ility of establishing some type of revolving fund from which cities could draw in financing approved projects with city al- locations being used to reimburse the revolving fund. CITY MANAGER BIRD stated that came out of the Joint Transportation Committee and our own League Board Committee to speed up the processes of getting these gas tax allocations into actual use for the public. These bills will be coming up along with the Long Beach controversy, Freeway Location controversy and also Local Option. COUNCILWOMiAN HOLLINGSWORTH stated she is personally opposed to the State collecting our sales tax and the City of National City entering into any such contract. COUNCILwAN FESSMAN stated he cannot see where National City will benefit from it as he has not heard any proposal made as to how the funds will be allocated. CITY MANAGER BIRD stated the State Board of Equal- ization has furnished all cities with an anticipated return, and the 1957 sales tax based on all of the factors applied by the Equalization Board amounts to 009,000.00 tentatively. The method is embodied in the contract and the ordinance as referred to Attorney Curran. COUNCILWOMAN HOLLINGSWORTH stated in view of all of these recommendations of the League of Calif. Cities as read by the City Manager it will behoove every member of the Council to study these proposals and would recommend that the Attorney and City Manager also study them carefully with some r>commendation. COMMUNICATION FROM ACTING BLD3. OFFICIAL BISaS regarding employ- ment of office personnel, was read. Due to the increase of work in the department it is requested that permission be granted to employ a general office clerk to start at Rate 11 Step C, $232.00 per month or 4,1.34 per hour, employment to commence as soon as possible. CITY MANAGER BIRD recommended that due consideration be given to this request, and that it be referred to the Finance Committee for a report on same. Moved by Heck, seconded by Jensen, this matter be referred to the Finance Committee, 2/21 219 Carried, all the Council present voting aye. }( PJRT FROM THE PLANNING COMMISSION was read regarding grant deed from William A. and Lharmaine J. Nosal which was presented with report from the City Engineer relative to the Northerly 1 foot of the Easterly 8 feet of Lot 2, and the Westerly 42 feet of Lot 1, Block 3, Parkview Terrace Subd. City Engineer Lill recommended the City accept this deed as it is an effort to ob- tain a 5 foot sidewalk along the south side of Division Street westerly from Harbison Avenue; the existing curb being located 4 feet from property line and the added 1 foot provides for a full 5 foot sidewalk within City right of way. It was the re- commendation of the Planning Commission that the Council accept the deed based on the City Engineer's recommendation. COUNCILW01V°:AN JENSEN excused. Moved by Heck, seconded by Fessman, that the deed be accepted and referred to the Attorney for the preparation of the Resolut- ion. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: None. Absent: Jensen. REPORT FROM THE PLANNING COMMISSION was read regarding the com- munication from Merideth L. Campbell, relative to the requested } closing of the alley at the rear of Lots 9 and 10, Block -.v7Jb. This alley westerly of and parallel to Montgomery Freeway, dead - ends at the 24th Street underpass and according to the letter is unusable to anyone but the owner of said Lots, Mr. Leo Delgado. The Commission recommends the closing of the portion of the alley at the rear of Lots 9 and 10 in Block 16 as re- quested. Moved by Fessman, seconded by Hollingsworth, that the recommendation of the Planning Commission be accepted and referred to the City Attorney for preparation of an ordinance. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollings- worth, Hodge. Nays: None. Absent: Jensen. COUNCILWOMAN JENSEN present. REPORT FROM THE PLANNIN,3 COMMISSION was read, stating that Chairman Granger informed the Commission of the referral by the Council of three items: (1) Clarification of the request of Electrical Products Corp. for permission to erect a sign in close proximity to the new building now being constructed by the Leo Delgado Roofing Company at 2339 McKinley Avenue. It was the general opinion of the entire Commission that the Commission is within their general rights and under the correct interpretation of the Commission's last meeting when they recommended the erect- ion of this sign. The Commission granted the sign, knowing it was oversize, took that into consideration, and therefore it was felt no further interpretation is necessary, as long as the sign is not primarily being used to attract attention from the freeway, but simply is identification for local trade. It was moved and unanimously passed that the Commission's interpretat- ion is to that affect. Moved by Hollingsworth, seconded by Heck, that permission be granted for Mr. Delgado to erect the sign. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Jensen, Hodge. Nays: None. (2) Letter addressed to the City Council from Faye Hartman, Special Field Represent- ative, Public Housing Authority, relative to the requested open- ing of the project street known as West 29th Street through the public housing project to provide access to Federal Government parcels 1 and IA. After an explanation by the City Planner and review of the maps the Commission determined it needed sufficient time to study this matter fully, therefore it was moved and unanimously passed that the Planning Commission lay this matter 2/21 220 over for a period of approximately sixty days in order that each Commissioner may familiarize himself with the problems in- volved and the matter be taken up again at that time. Moved by Hollingsworth, seconded by Jensen, that the City Clerk write a letter to Mrs. Hartman telling her what action has been taken. Carried, all the Council present voting aye. (3) Communication to the Council from Armando Gonzales, 1430 E. 4th Street, and Jeorge M. Cannon, requesting that the City reopen Harding Avenue, through City property running South approximately 700 feet from 24th Street to the property in Block 102. Mr. vonzales was present and stated the sale of the property is contingent upon the granting of the request. City Planner Wagner presented plans by the City Engineer's staff which indicated the drainage prob- lem in the area and the estimated cost of approximately $150,000.00 to install proper drainage channel and bridge. It was the re- commendation of the Commission that the Council proceed with this opening, providing it does not entail any likelihood of ex- pense to the City and perhaps in the meantime this question can be satisfactorily answered by the City Attorney as to what the moral and legal obligations would be. Perhaps the Commission might send a request to the City Attorney asking him to have the reply so that the Council might have it at the next meeting along with this recommendation. COUNCILMAN FESSMAN stated he wondered what could be done toward opening Coolidge Avenue rather than Harding Avenue. If Coolidge Avenue was opened no bridge would be necessary, it would be just a matter of fill and possibly could be taken from the nearby hill. COUNCILWOMAN HOLLINGSWORTH was in accord. Moved by Hollingsworth, seconded by Fessman, that the City Manager, City Engineer and City Planner cooperate and make a recommendation to the Council in this regard. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Jensen, Hodge. Nays: None. COUNCILMAN FESSMAN asked if it would be possible, by Ordinance, for the City to require anyone building on property in that area to grade down to a grade established by the City. COUNCILMAN HECK said he would like to have Harding Avenue improved if we could get an Electronics Laboratory in this area, and suggested that it be referred to the City Attorney. Moved by Heck, seconded by Hollingsworth, that this matter be referred to the City Attorney as to what the moral and legal obligations would be on the opening of the street. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Hodge. Nays: Fessman. COUNCILMAN FESSMAN recommended that someone be delegated to contact the property owners on Coolidge and whether a dedication can be had to open Coolidge Avenue, thereby making access to this property. CITY PLANNER W,iNER stated if the City does consider favorably Coolidge Avenue opening there are other property owners involved. Ordinance 750 requires that where one half of the street has been opened, the property owners adjacent thereto must set back the other half of the street, so even if the people do not agree to go along with the City's opening that area would be reserved from future buildings by zoning ordinance. CITY PLANNER WAGNER reported that due to the lengthy testimony that was tape recorded of the hearing on the proposed zoning ordinance and because of the fact the transcriber had to be re- paired, it is not completed. CITY PLANNER WA3NER stated with respect to the matter discussed earlier, the State office of Physical Planning, has been dis- cussed by the American Institute of Planners at length. It is a very important subject matter; specifically one problem in- volved is that cities and counties are required by the State 2/21 221 Planning Act to prepare master plans and we have no particular agency to go to for information regarding State highway plans and other State matters, that is why the American Institute of Planners strongly urges support for the passage of legislation to create a State office of Physical Planning that will provide that planning data for the local jurisdictions to incorporate in their plans. Mayor Hodge declared a recess. The meeting was called to order by Mayor Hodge. Council members present: Fessman, Heck, Hollingsworth, Jensen, Hodge. Council members absent: None. REPORT FROM THELMA HOLLIN.iSWORTH, VICE mAYOR, chairman of Com- mittee regarding the investigation of morale of the Fire Depart- ment, was read. The committee appointed to review transcript of Fire Department findings met February 9; February 11; and February 16, 1956. All members, Mayor Hodge, Councilwomen Hollingsworth and Jensen, Councilmen Fessman and Heck were in attendance. The meeting on February 16th was by invitation at- tended by the City Manager. The committee, after all documents were reviewed, find that, at the time, December 20, 1955, an* investigation was ordered, the morale of the Fire Department was not good. Said lack of morale was contributable to many factors, i.e., management, leadership, personnel, cooperation, and methods of operation. The committee also found that, basically, we have a good Fire Department, well versed in firemanic procedures; adequately housed; centrally located; and, in the whole, modernly equipped. We recommend for your official action a reorganization effective immediately as follows: 1. That the position of Assistant Chief be filled. 2. That the positions of two ad- ditional Captains be created. 3. That the position of General Fire Inspector be created. 4. That the City Manager be directQd to hold staff meetings with the officers of the Fire Department monthly or as often as needed to maintain a high level of ef- ficiency. 5. That rules and regulations conducive of good Fire Department conduct and operations be set up. 6. That all re- commendations of the Board of Fire Underwriters of the Pacific as set forth in Report of Survey of January 2, 1953, be met as soon as economically feasible. 7. That those specific recom- mendations which can be accomplished be placed into effect at once. The committee feels that, if the recommendations as noted are made an integral part of our Fire Department, we should very shortly be able to enjoy a higher rating which would materially reduce our insurance rates now being paid by the citizens of National City. The foregoing report and recommendations agreed on by the majority of your committee is submitted for your con- sideration and immediate action. COUNCILWOMAN JENSrN stated that at the meetings she dd not go along with the Council in every respect; and that the findings are lac., of morale was contrib- utable to many factors; management, leadership, personnel, co- operation, and methods of operation. Everyone of those things are brought about by one person, and at that meeting Mrs. Jensen said she took the stand nothing less than the resignation of the Fire Chief, in her estimation, would cure the conditions in the Fire Department; and that she still feels that same way. Captain Simms is going to be appointed Assistant Chief, which means that the work that the chief should be cjoing will be given to Capt. Simms; therefore Capt. Simms in her estimation is the man who should get the credit and rating for doing work of the chief, COUNCILWOMAN HOLLINGSWORTH stated the Lity Council in considering the budget for the last two years did not grant the Fire Chief the extra men that he asked for, two extra Captains. Moved by 2/21 222 Hollingsworth mittee of the Department be deficiencies to -wit: Ayes Jensen. , seconded City Counc approved, in the Fire Fessman, by heck, that the report of il, and the recommendations including the nine items to Dept. Carried, by the fol Heck, Hollingsworth, Hodge the Com- for the Fire correct the lowing vote . Nays: RESOLUTION NO. was read, "RESOLUTION OF INTENTION TO AP- PROVE AMENDMENT TO CONTRACT PROVIDIN3 FOR PARTICIPATION IN STATE EMPLOYEES' RETIREMENT SYSTEM". Moved by Hollingsworth, seconded by Fessman this resolution be held in abeyance until the Finance Committee meets, and that it be referred to the Finance Committee. Carried, all the Council present voting aye. RESOLUTION NO. 6566 was (FIFTH STREET)". Moved Resolution be adopted. aye. read, "RESOLUTION APPOINTIN3 EN3INEER by Heck, seconded by Fessman, that the Carried, all the Council present voting RESOLUTION NO. 6567 was read, "RESOLUTION APPOINTING PERSON TO PREPARE ALL PROCEEDINGS, (FIFTH STREET)". Moved by Heck, seconded by Fessman, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6568 was read, "RESOLUTION ORDERING PLAT SHOW- ING EXTERIOR BOUNDARIES OF ASSESSMENT DISTRICT (FIFTH STREET)". Moved by Heck, seconded by Fessman, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6569 was read, "RESOLUTION ADOPTING PLAT SHOWING EXTERIOR BOUNDARIES OF ASSESSMENT DISTRICT ("I" AVENUE)". Moved by Hollingsworth, seconded by Fessman, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6570 was read, "RESOLUTION ORDERING PLANS AND SPECIFICATIONS ("I" AVENUE)". Moved by Heck, seconded by Hollingsworth, that the Resolution be adopted. Carried, all the Council present voting aye. CITY ATTORNEY CURRAN reported that the Certificate of Insurance dated January 27, 1956, issued by the Security Insurance Company of New Havens shows that Pacific Fence Company has bodily injury liability and property damage liability in the required limits pursuant to their contract for fencing of Paradise Creek Channel, and it is recommender' that the Certificate be approved and filed. Moved by Heck, seconded by Jensen, that the Certificate of Insurance be accepted and filed. Carried, all the Council pre- sent voting aye. CITY ATTORNEY CURRAN reported that last Wednesday he attended a meeting of City Attorneys of Southern California in Los Angeles, which proved to be a very helpful meeting. It gave the City Attorney of National City an opportunity to discuss with the City Attorneys of other communities the problems which we have to face here. He also had an opportunity to discuss with Louis Kellar, the Associate Counsel of the League, n-regard to the possible exercise of the use of Joint Powers Act together with the South Bay irrigation District. CITY ATTORNEY CURRAN stated that Mr. Engstrand, Attorney for the South Bay Irrigation District and he were requested to work further on the problem of what possible agency might be used in order to take over the facilities of the California Water & Telephone Company Sweetwater Division Water System in the event it was determined to go ahead. The South Bay Irrigation District reported they had already determined as a matter of policy that they did wish to proceed. Before anything else is done from 2/21 223 National City's point of view we should have a declaration of intention and policy on behalf of the City of National City. Moved by Heck, seconded by Hollingsworth, that the featihility report of Leeds, Hill and Jewett be accepted by the City and that the Attorney be instructed to proceed further in cooperat- ion with the South Bay Irrigation District to set up a formula to work out an adequate plan. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Jensen, Hodge. Nays: None. CITY ATTORNEY CURRAN stated the next item is sales tax. The Executive Director of the General Counsel, League of California Cities, Richard Carpenter, has spent many hours in Sacramento with the Attorney General's office, Attorneys for the State Board of Equalization and with other city attorneys, particularly in Los Angeles County where the problem is very acute. It is the City Attorney's understanding as to what, if any, action will be taken by the Board of Supervisors of San Diego County, and until they do there is nothing that could be accomplished by National City except that inasmuch as they can move without any second reading it behooves us to be prepared for any contingency. On that basis we have a proposed ordinance which could be read at this time, and it can be adopted later if it appears necessary to proceed. This is a revised ordinance and contains a sect- ion which the original draft did not contain that is in the ordinance which the League and the city attorneys finally, re- luctantly consented to, because of the insistence, particularly of the State Board of Equalization. It Is a clause which Mr. Curran, as City Attorney of National City, wants to go on record as disapproving. COUNCILWJMAN HOLLINGSWORTH excubed. COUNCILMAN HECK asked the City Attorney if it is not mandatory by State law that the State Board of Equalization will collect our taxes for us. ATTORNEY CURRAN stated it is in the event that the County acts; if the County does not act it is not mandatory. Moved by Heck, seconded by Fessman, that we waive the first reading of the ordinance and the Attorney state the title of the ordinance for the first reading. Carried, all the Council present voting aye. ORDINANCE NO. "AN ORDINANCE OF THE CITY 3F NATIONAL CITY IMPOSIN3 A CITY SALES AND USE TAX, ?RJVIDIL4,i F3R THE PERFORM* ANCE BY THE STATE BOARD OF EQUALIZATION JF ALL FUNCTIU S INCIDENT TO THE ADMINISTRATION, OPERATION AND COLLECTION OF THE SALES AND USE TAX HEREBY IMPOSED, SUSPENDIN3 THE PROVISIONS OF ORDINANCES NO. 726 AND 826 DURIN3 SUCH TIME AS THIS ORDINANCE IS OPERATIVE AND PROVIDIN.3 PENALTIES FOR VIOLATIONS THEREOF", was presented for the first reading. Moved by Heck, seconded by Fessman, that the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 4:05 P.M. 'ail i LA, --MAYOR, CITY 3 NATIONAL ATTEST: CITY CLERK r J Y, CALIFORNIA 2/21