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Couneilman Weiss moved that the reports be accepted and asked that a second <br /> aupplemental report be made by the City T��anager as to the expenditure of the ma jor <br /> items which compromise the "Investment of Fixed Capital�t. This was follaaed by <br /> discussion. Auditor Brophy stated that he could give the answer to eouncilman we3ss <br /> if he would come into his office. Council man weiss stated th at he did not want the <br /> answer for himself only. He stated that in reading the report and analysis thereof <br /> reveals that some �92,137.88 have been expended on Capital Improvements and Fixed <br /> Capital. Investment since 191�9. It was his thought that a supplemental report <br /> should be had to deliniate more specifically the types of improvements and fixed <br /> capital improvements with appurtenant costs, etc. Councilman Herkner seconded the <br /> motion which carried. <br /> CITY ATTORNEY REPORT ON VANDALISM, UNION CEMETERY. The Clerk read the followin� <br /> reportt <br /> This offiee has been requested for an opini.on on the question of whether or not the <br /> City is empowered to offer a •.reward for the apprehension and conviction of the <br /> person or persons responsible for the demolition of the Civil War monument in <br /> Union Cemetery. <br /> Although the City of Redwood City is a chartered city and as such has complete <br /> authority and power with respect to matters of local con cern, the apprehension and <br /> convietion of persons violating the criminal laws of' the State as opposed to local <br /> ordinances or regulations ai e held not to constitute matters of local concern. <br /> i�riffin v. City of Los Angeles, 134 Cal App 763 at 7?2; Robert v. Police Court, 148 <br /> Cal 131. Therefore it is held that a municipal corporation has no power, unless <br /> expressly authorized, to of'f'er re�ards for the arrest and conviction of of'fenders <br /> ag�.inst the criminal laws of the State. Los Angelss v. Gurdan.e, 59 F 2d, 161; 3 <br /> McQuiliin Municipal Corporations, Sec. 11,06, p. 10; see also 2 Atty. Gen. Opinions, <br /> 509; 4 Atty. Gen. Opinions, 201. <br /> In the destruction of the monument in question, no offense ag�inst local ordinances <br /> or re�ul ations was committed. The offenses corr�nitted constitute violations of the <br /> Penal Code of the State of Californi a. <br /> It is the opinion of this offiee that the power of the City to offer a reward <br /> under the abovementioned circumstances is doubtful. <br /> This office has also been requested to render an opinion on the power of the City <br /> to appropriate and expend moneys for the reconstruction of' the abovementioned <br /> monument in Union Cemetery. <br /> The erection of monuments and memorials in public places upon public property <br /> constitutes a public purpose. Slavich v. Hamilton, 201 Cal 299. The apecific type� <br /> location, and character of such monuments are questions of purely local concern <br /> and as such constitute local munic3.pal affairs under the �uris�iction of the City. <br /> This office is informed tha.t the record title ownership of the property included in <br /> Union Cemetery is p resently vested in the State of California and therefore such <br /> property constitutes publie property. <br /> Under the abovementioned circumstances, it is the opinion of this office that sub- <br /> ject to the consent of the appropriate department of the State of CaliFornia having <br /> �urisdiction of the Cemetery, the City may appropriate and expend moneys f�r the <br /> reconstruction of the abovementioned monument or contribute moneys to a public fund <br /> for such purpose. <br /> Councilman Granger moved that the City Manager again be irB tructed to check in.to the <br /> cost of fixing the statue back into its regular form if it is possible and he also <br /> moved to accept the report of' the City Attorney, seeonded by Councilman Stout and <br /> carried. <br /> � <br />