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HomeMy WebLinkAboutMinutes 1952-12-15REGULAR ~tEETTNG OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN'FRA3~CISC0 HELD MONDAY, DEC. 15, 1952 PLACE: TIME: · CALL TO ORDER: ROLL CALL: MINUTES: CALIF. WATER SERVICE AGRE~4E~F: R~L ESTATE & BLDGS. BELAIR SHIPYARD SITE: NEW MUNICIPAL COURT: FINAL MAP SUNSHINE GARDENS :/~2: WORKS ENGINEER: FINAL MAP, SUNSHINE GARDENS ~2, PLANNING C OMMISSI ON: NAMING SOUTH SPRUCE AVENUE: DEDICATION HELEN E. SIEBECKER~MORIAL CENTER: Council Chambers, City Hall 8p.m. The meeting was called to order at 8:09 p. m. by Mayor Cortesi. Present: Councilmen John Noonan, Adolph Sani, ~!lio Cortesi, Joseph Bracco, Telford Smith Absent: None The minutes of the previous meeting were approved as submitted by the City Clerk. Co~nunication was received from the office of the City Clerk referring to a communication from the California Water Service Company regarding an agreement between the City and the water service as to balance in a fund for the installation of a water main to the Sewage Treatment Plant. On motion of Councilman Saui, seconded by Councilman Noonan and regularly carried, acknowledgment was ordered made as recommended by the City Clerk. Communication was received from the office of the City Manager relative to the purchase of the real estate and b~ildiugs at the Belair Shipyard which is in the vicinity of the Sewage Treatment Plant. Councilman Smith asked City Manager McClung if there were any advantage to waiting until later for the payment of this money to the Government, with regard to the pur- chase of the property. City Manager McCluug stated that this came to a head when the Govern- meut found the buildings in a state of needed repair. Mr. Gilford of this agency wanted to know how much of the property we needed, declare the remainder as surplus, dispose of it, and the City be credited for this. Mr. Gilford wished .a committmeut as to when we would pick up the laud and if it would be before the end of the fiscal year. Councilman Smith asked City Manager McCluug if it was his recommendation to purchase the land now to which he re- plied that it was 'and that we would relieve ourselves of Government restrictions. Councilman Sani stated that Councilman Smith meant the purchasing at once. City Manager McClung stated that City Attorney Lyons could check as to the purchasing during the next fiscal year; that the purchase would be made with money allocated by the Government. Councilman Smith then stated that if it was purchased from the Government with their funds, would we own it out- right, to which City Manager McClung replied yes. Councilman Smith then moved that the purchase be made. Motion was seconded by Councilman Saut and regularly carried. City Man- ager McCluug raised the question relative to the signatures ou the contract, asking that the Council designate signing officers. On motion of Councilman Sani, seconded by Councilman Bracco and regularly carried, t~ Mayor and City Clerk were instructed to be the designated signing officers. Communication was received from the office of the City Manager regarding a letter received from County Manager E. R. Stallings relating to the use of the City Hall facilities as the Northern District Municipal Court. On motion of Councilman Bracco, seconded by Councilman Noouan and regularly carried, the recommendations of the City Manager were accepted. Communication was received from the office of the Works Engineer submitting final map of Sunshine Gardens ~2, recommending its approval. CounciLman Smith asked Works Engineer Randlett if provisions were made ou the map for a pipe line 30 inches in diameter, to which he replied they were. Councilman Smith stated that he noticed this w~ter line easement existed through lots 4, 5, 29 and 30 in block 7 and lots 2~ 32 and 33 in block 8 and wished to know if building was going to be allowed on the mentioned lots where the pipe line ~as. lie further stated that a 30 inch line underneath a home could cause trouble ~th leaks; that an easement should be set aside and that building sho~d not be allowed over a line that ~s existing. Works Engineer Randlett stated that the line ~s to be relocated in the street~ that this present easement ~s an old line from the City and County of San Francisco. Councilman Smith stated that this sho~5 all be held up until it ~s finally ascertained that this relocation ~as made. Works lEngineer Randlett called on Mr. Bacon, a member of the Sunshine Gardens Develop- ment Company, for an explanation relative to this matter. Mr. Bacon stated that the City and County of San Francisco ~as to abandon the line ~cithin the next five years, that they wo~d be ~cl].ling to give a letter to the City Council that no b~zilding would be made over the line until the pipe had been removed. Councilman Smith stated that no indication of this provision had been made with the map. C~uncilman Noouan remarked if we could record the motion with the proviso that no building would be built over the pipe line. City Attorney Lyons stated a letter should be drafted that it be made a part of the map and binding on the successors and interest should the subdivision be sold to another. Councilman Smith stated that no topograph- ical map had been submitted to show the drainage in the area. CounciLman Saul moved that this be held over until a letter was bro%~ht in. Councilman Smith stated that the motion be made to include that the letter be drafted according to the instructions of the City Attorney. Mr. Bacon asked if it were possible for the passing on t~e map with the proviso that the letter was to be forthcoming. Councilman Noonan seconded the motion as made and amended, which was regularly carried. Communication was received from the office of the Planning Commission relative to the final map of Sunshine Gardens ~. The communication was ordered held up. Councilman Saul remarked relative to the walkway to the school site which should be paved. Works Engineer Randlett stated that it w~uld be paved and fenced as well. City Attorney Lyons stated that an agree- meut regarding this should be drawn ~. Communication was received from the office of the Building Inspector requesting that Spruce Avenue Ext~nsiou be officially named to South Spruce Avenue. CounciLman Sani moved that the rec_~meudatiou of the Building Inspector be accepted. City Attorney Lyons stated that this renaming necessitated the drafting of a resolution. Councilman Sani then moved that the City Attorney be instructed to draw up the needed r~solution. Councilman Smith asked if this conformed with the other streets iu the vicinity to which he was informed it conformed with other streets such as South Linden, South Maple~ etc. Councilman Noonan seconded the motion as made which was regularly carried. Communication ~s received from the office of the Recreation Department regarding the request as made by Mr. McCluug Tor the chan~iug of the date of renaming the Elm Court Recreation Center to the Helen E. Siebecker Memorial Center. Communication as submitted was ordered filed. McCLELLAN PROPERTY NEAR WINSTON MA~NOR ~3: SAN FRANCISCO BRIDGE C0. BUILDING PERMIT: Communication was received from the E. W. McLellan Co. regarding damages suffered by them through the development of Winston Manor ~3. City Attorney Lyons stated that this was a private matter between McLellan and the Winston Manor Development Company; that' the City had enough to do without getting into legal aspects of private matters. Councilman Smith moved that the City Manager be instructed, on the ad~ice of the City Attoruey~ to reply to the E. W. McLellan Company regarding this matter. Motion was seconded by Councilman Sani and regularly carried. Communication was received from the San Francisco Bridge Company requesting permission for the erection of a building on property that they own fronting the old Bayshore Blvd. between Mills Field and the Sewage Treatment Plant. On motion of Councilman Sani, seconded by Coun- cilman Bracco and regularly carried~ permission was granted as requested. ARMANINO BUILDING PERMIT: Communication was received from George Armanino requesting permission for the construction of a commercial building to be constructed of concrete block. Councilman Brgcco moved, seconded by Councilman Noouan, that permission be granted if it meets with the approval of the Building Inspector. Councilman Sani asked Building Inspector Ghilardi what the requirements were for the construction of buildings in that area. Building Inspector Ghilardi stated the require- meuts were that it have a foL~ hour wall. Motion as made and seconded was regularly carried. KLIX CHEMICAL CO. BUILDING PERMIT: Communication was received from the Klix Chemical Company requesting permission for the con- struction of a one story building with mezzanine to be located on Parcel 67 Zone D. Council- man Bracco requested information as to the location of the proposed building. After the location was established from the map in the Council Chambers, Councilman Sani asked if Mr. Smith were present. Since Mr. Smith was not present, Councilman Sani asked Building Inspector Ghilardi relative to th~ type of constr~mtion to which he replied that it was to be a tilt up slab of reinforced concrete. Councilman Bracco moved, seconded by Councilman Smith and 'regularly carried, that permission be granted as requested. Councilman Noonan stated that the letter of reply be incorporated with a formal welcome. F. FERPJ~RIOWEED CHARGE: Communication was received from Mr. Frank Ferrario regarding a charge of $6.38 for weed abatement which he had cut himself. Councilman Bracco asked S~erintendent of Streets Schweiniu relative to this matter to which Mr. Schweiuing reported that he would check and report his findings at the next meeting. Counci~uan Smith asked if matters of this type should be brought before the council to which Councilr~n Sani replied that they should, that the council then refers them to the Superintendent of Streets for action. Mayor Cortesi also asked Superiuteuden of Streets Schweiuing to check regarding the weeds that were supposedly cut at the intersection of Bayshore and California, fronting the service station at that locatiou~ the owner having claimed that he c~ these himself. INTERSECTION JU~YiPER0 SERRA & CRYSTAL SPRINGS ROAD RESOLUTION NO. 1848: Con~nunication was received from the North San Mateo County Councils requesting approval of a resolutio~ regarding the intersection of Juuipero Serra Blvd. and Crystal Springs Avenue, ~nich has been the scene of several fatal accidents. Councilman Bracco stated that he under- stood that steps had already been taken for the correction of this situation. After discussion~ CouncLlman Bracco introduced this resolution. Roll call vote was as follows: Ayes, Councilmen Noonan, Sani, Cortesi, Bracco~ Smith. PARADISE VAIJ,~.Y CLUB SIDEWALK R~?AI~: NOTICE OF HEARING MOSEL~Y VARIANCE: Communication ~as received from A. R. Barri, President of the Paradise Valley Improvement Association, Inc. regarding the task of upkeep and repair of sidewalks. Motion was made by Councilman Saul , seconded by Co~mcilman Noouan and regularly carried, that the letter be referred to the City Manager for reply. Communication was received from the San Mateo County Planning Commission regarding the appli- cation of M. H. Moseley and Maizie G. Moseley for a variance in the City of Visitacion (Brisbane Communication was ordered filed. BADER ELECTRIC CO. BUSIneSS LICENSE: Application for business license was received from Cecil D. Bader to engage in the business of electric motor repair and sales, to be located at Railroad and Spruce Avenues iua portion of the Paul Rel~i Building. Councilman Bracco moved that permission as requested be granted. Councilman Smith remarked to Councilman Bracco that the motion be amended to read Cecil D. Bader doing business as Bader Electric Co. Councilman Bracco amended his motion to this effect. Motion ~as seconded by Councilman Smith and regularly carried. McCAiRTHY' S APPLIANCE C 0. LICENSE: STATE RESTAUFt~NT BUSINESS LICENSE: FRANCISCO, McMILLAN SALE OF ~4AS TREES: Application was received for business license to engage iu the business of soliciting sales iu appliances under the firm name of McCarthy's Appliance Co., 1280 Mission St., San Francisco. City Clerk Rodoudi informed the council that this licensing came under the soliditor's section of the ordinance which required a licensing fee of $75.00 per quarter. Councilman Saui asked if a full years' license should not be charged but was informed that the ordinance called for the payment by quarter. Councilman Saui stated t~t a study should be made for amendments to the business ordinance. City Attorney Lyons stated t~hat a ~tter of this type sho~d have the approval of t~ Police Department and that the ordinance co~d be amended if the council so desired. Councilman Smith asked if licenses such as this were granted before to which Mayor Cortesi replied they had. Councilman Smith then moved that Donald E. McCarthy, doing business as McCarthy's Appliance Co. be granted permission as requested. This was seconded by Council- man Noouau ~th the request that the motion be amended to the effect that a report from a re- liable firm such as the Better Business Bu~eau to the effect that Donald E. McCarthy was a bona fide business firm be ~tained. Co~mcilman Smith amended his motion to this effect which was regularly carried. Application for b%miness license %~s received from Martin J. Reimer to engage in the b%miness of restaurant, l~mch and dinners under the firm ua~e of State Restaurant, 206 Linden Avenue. 0u motion ~ofCouncilmau Bracco, seconded by Councilman Sani and regularly carried, application as submitted ~as approved. Applications for business licenses for the sale of Christmas trees were made by Helen A. Francisco and W. H. McMillan. 0u motion of Councilman Sani, seconded by Co%mci]man Bracco and regularly carried that both applications be approved as submitted and that a study be made rel- ative to the charging of a higher license fee so that the local merchants would be given ample protection. ..... ~,o JOHNSTON CASE: NOTICE OF HEARING HULL SALES CO.PERMIT: CLAIMS: MONTHLY RE~PORTS: STII~&~\~ & STOLP CLAI~&S: AW~M[0INC C O~'Yf~CT I~)USTRIAL ACRgS FIi~-] PRO. ~ESOLUTI ON NO. 1~9: ORDINAl,ICE ~DING BUSINESS LICENSE ORD: RESOLUTION NO. 1850 GAS TAX AGREE~ENT: ~ SUITS AGAINST CITY: Communications were received from Mrs. Martin Styer, 451 Briarwood Drive and Mr. G. Bru~sa of San Francisco (no address) regarding the matter of Charles Johnston. Counci~nan Noonan stated that he noted the Personnel Board in attendance and he called On Chairman Vent~.~ri. Mr. Venturi stated that Mr. Carroll Bucher would act in the capacity of spokesman for the Personnel Board. Mr. Bucher rose and addressed the City Council and those gathered stating that at the last council meeting he listened to the statements of the co'~mcil for Charles Johnston relative to the findings and recommendations of the Personnel Board. tie stated he was here tonight in the same impartial position representin~ the Personnel Board for the City of South San Francisco, that he ~as not here as an 'advocate of the Police Department or the Council~ that he was speaking as a member of the Personnel Board. He remarked that it was their position in the matter~ that an effort and endeavor was made to convince members of the council that the members of the Personnel Board used the best efforts to decide on the case, that it was not to be constr~ed for or against the accused. The' facts were submitted to the City Council as found by the board; that the board was accused of being capricious; that the transcript of record sho%tld have been read before the decision ~as made. He stated that the reading of the transcript ~.~m.s not necessa~r as the testimony ~as heard f:?om the mouths of the ~.,ritnesses. No apologies were to be made in the decision of the case ~.rithout first reading -the transcript. He further stated that the 'defense remarked that certain infractions of the rules ~.,zere alleged to have been committed and since the Police Department did not fumnish a copy of the rules and regulations to the accused~ the facts as listed sho~ld not be accepted. Mr. Ducher stated that any man %tho is worthy of being a police officer in the Police Department of the City should know that it was not fit 'to do t}~ings that Johnston was accused of doing even if no rules had been ever made. He stated the board was reluctant to discharge but felt it was to the best interests for everyone concerned. He stated that if the council overrode the decision of the board that the council should undertake al.]. of the personnel board functions itself. Councilman Suni moved that the recommendations of the Personnel Board be accepted. The motion as made was seconded by Councilman Bracco. At this point Mr. Gaudio, attorney for Charles Johnston, arose stating that the offenses as charged to have been committed were admitted and the fact remains that disciplinary action should be taken. It ~as stated that the department would suffer if Mr. Johnston ~¢ere allowed to continue as a member of the police department, yet the members praise him as a good officer. In closing, he stated that the circumstances of the case %mrranted a suspension of time from the police department, that a suspension was sufficient punishment. Councilman Smith remarked that he was present at the last meeting that was held, that the defendant did admit drinking in public along with the other charges, that the decision would affect the character of the individual, that he knew of improvements that coald be made in the personnel system and likewise knew of drinking by department heads while on d~y. He further remarked that a man's character sho~d be con- sidered by the number of letters that were sent in his behalf and was certain that the man would not violate the r~es again. If he were dismissed, it would be penalizing him in the future. He suggested that the department heads and personnel have a meeting together to work out an understanding. As it now stood, low morale existed but tlmt if the morale were lifted, we would then have the right to dismiss an employee when the facts were presented. Roll call vote was as follows: Councilman NoonaD, Aye~ Councilman Sanl, Aye; Councilman Bracco~ Aye; Councilman Smith~ No; Mayor Cortest, Aye. Communication was received from the San Mateo County Planning Commission regarding the public hearing to be held on the application of Hull Sales Company for a use permit to allow Rice hull storage dump on the Zanone property between Skyline Blvd. and Old San Pedro Road in Colma. On motion of Councilman Bracco, seconded by Councilman Suni and regularly carried, the City Manager was instructed to appear at the meeting and protest permission to be granted. Claims in the amount of $63,222.57 were aubmitted by the Finance Committee. On motion made by Councilman Sani~ seconded by Councilman Bracco and regularly carried, claims as submitted were ordered paid. On motion of Councilman'Sani, seconded by Councilman Noonan and reg~garly carried, monthly reports of the Chief of Police, City Judge~ Tax Collector, Building Inspector, Fire Chief~ Librarian, City Clerk and Humane Officer were accepted and filed. City Attorney Lyons then brought the matter up of the claim against the City relative to the Stireman and Stolp suits, that the court had a~carded judgment to Stireman & Stolp in the amounts of ~ ~PlS0.O0 each and court costs in the amount of $84.00 for a total of $384.00. He asked that this claim be authorized when the judgment is filed. Councilman Noonan moved, seconded by Councilman Sani and regularly carried, that the claim as stated be authorized. City Attorney Lyons brought up the matter of the awarding of the contract for 'the Industrial Acres Fire Protection System, requesting to know if the council ~as prepared at this time to make the award. Councilman Suni introduced a resolution awarding the contract to the B. Miles Thomas Company, a California Corporation. Roll call vote was as follows: Ayes, Councilmen Noonan, Sani, Cortesi, Bracco, Smith. City Attorney Lyons brought up the amendment to ordinance ~7261 entltled~ "An ordinance pro- viding for licensing of business, professions, trades, callings and occupations in the City of South San Francisco," reading the ordinance in its entirety. Councilman Bracco introduced the ordinance for the first reading. City Attorney Lyons next brought up the resolution in conjunction with the approving of the contract aa submitted by the State for the Memorandum of Agreement for expenditure of gas tax allocation for major city streets, mentioning that it was included in the agreement. Councilma Suni introduced the resolution. Roll call vote was as follows: Ayes, Councilmen Noonan, Sani, Cortesi, Bracco, Smith. Councilman Noonan next introduced the subject matter of the suit against the city by the Drive-In Theatre and Van Arkel~ referring to that area that was broken through and flooded last winter. He stated that the ownership of the land had never been decided and that we should have one decided at this time. He suggested that a title search be instituted to determine ownership of the'creek and of North and South Canal Roads. Since South Canal Road ~as offered by the Land Company~ it may be that the Land Company is partially responsible. City Attorney Lyons agreed that this was a good thought. Councilman Noonan made this in the form of a motion, seconded by Councilman Suni and regularly carried. ~0TICE OF ~RING HULL SALES C0.PERMIT: MONTHLY REPORTS: STIP~Di~2{ & STOLP C I~tII'~: AWAROINC C Ol~RAC T I~DUSTRIAL ACRES ORD II~IBt!C E ~.iE~DING BUSINESS LICENSE ORD: RESOLUTION NO. 1850 GAS TAX AGRE~E~r: ~ SUITS AGAINST CITY: ..... ~ .~ .... .~ ~"~"~Y-~'b~d~'that the board ~.s accused o:~_ being caprlcio~ that the transcript of ~"ecord sho~ld have been read before the decision ~s ~a.le. Ue that -the readin~ of the transc~ipt zm, s not necessa?y ~.s t?':~ t<~stimouy ?',s ].~ea?~'~ f~:'om the ~'~o~.~t]-~.s of the ~zi'buess'ps. No apologies ~.mre to be made in the decision of the case first readi:~c ",:,he transcript. He :g~?rt]~.er stated that the 'defense remarked -t, hat certain infractions of the rules ~mre alleged to have been conmlit~ed and since the Police Depart: did not f~nish a copy of the r~les and regulations to the acc~:sed, the facts as listed not be accepted. ~.~r. Ducher stated that any man ~zho is worthy of 'being a police officer the Police Department of the City should know that it +~s not fit to do t~'~ngs that John~ ~s acc~ed of doing even if no rules had been ever ~e. He stated the board ~s re!ut1 to discharge but felt it ~s to the best interests for eve~yone conce~med, tlc stated the if the co~cil overrode the decision of the board that the council should under,kc all the personnel board fm~ctions itself. Councilman Saul moved that the recommendations of the Personnel Board be accepted. ~%e motion as made was seconded by Councilman Bracco. At this point Mr. Oaudio, attorney for Charles Johnston, arose stating that the offenses as charged to have been committed were admitted and the fact remains that disciplinary action should be taken. It was stated th~ the department wo~ld suffer if Mr. Johnston were allowed to continue as a member of the police department, yet 'the members praise him as a good officer. In closing, he stated ti the circumstances of the case warranted a suspension of time from the police department, ~ a suspension was sufficient punishment. Councilman Smith remarked that he was present at the last meeting that was held, that the defendant did admit drinking iu public along with the other charges, that the decision womld affect the character of the individual, that he knew of improvements that comld be made in the personnel system and likewise knew of drink by department heads while ou duty. He further remarked that a man's character should be c. sidered by the n~ber of letters that were sent in his behalf and was certain that the man would not violate the r~les again. If he were dismissed, it would be penalizing him iu th~ future. He suggested that the department heads and personnel have a meeting together to w~ out an understanding. As it now stood, low morale existed but tt~t if the morale were lifl we would then have the right to dismiss an employee when the facts %~re presented. Roll cs vote was as follows: Councilman Noonay, Aye; Councilman Sani, Aye; Councilman Bracco, Aye; Councilman Smith, No; Mayor Cortesi, Aye. Communication was received from the San Mateo County Planning Commission regarding the publ hearing to be held on the application of Hull Sales Company for a use permit to allow Rice hull storage dump on the Zauoue property between Skyline Blvd. and Old San Pedro Road in Col 0n motion of Councilman Bracco, seconded by Councilman Saul and regularly carried, the City Manager was instructed to appear at the meeting and protest permission to be granted. Claims in the amount of $63,222.57 were aubmitted by the Finance C~,m~ittee. On motion made by Councilman Saul, seconded by Councilman Bracco and regularly carried, claims as submitted were ordered paid. On motion of Councilman'Sani, seconded by Councilman Noonan and regularly carried, monthly reports of the Chief of Police, City Judge~ Tax Collector, Building Inspector, Fire Chief, Librarian, City Clerk and H~mane Officer were accepted and filed. City Attorney Lyons then brought the matter up of the claim against the City relative to the Stireman and Stolp s~dts~ that the coopt had awarded judgment to Stiremau & Stolp iu the amounts of ~150.00 each and court costs in the amount of $84.00 for a total of $384.00. He asked that this claim be authorized when the judgment is filed. Councilman Noouan moved, seconded by Councilman Sa~i and regularly carried, that 'the claim as stated be authorized. City Attorney Lyons brought ~p the matter of the awarding of the contract for 'the Industrial Acres Fire Protection System, requesting to know if the council ~as prepared at this time to make the award. Counci]~uan Sani introduced a resolution awarding the contract to the B. Mile~ Thomas Company~ a California Corporation. Roll call vote was as follows: Ayes, Councilmen Noonan, Sani, Cortesi, Bracco, Smith. City Attorney Lyons orought up the amendment to ordinance ~'i261 entitled, 'An ordinance pro- viding for licensing of business, professions, trades, callings and occupations in the City of South San Francisco," reading the ordinance in its entirety. Councilman Bracco introduced the ordinance for the first reading. City Attorney Lyons next brought up the resolution in conjunction ~.~th the approving of the contract aa submitted by the State for the Memorandum of Agreement for expenditure of gas tax allocation for major city streets, mentioning that it ~as included in the agreement. Counci.Lv~ Saul introduced the resolution. Roll call vote was as follows: Ayes, Counci.lmeu Noonau, Saul, Cortesi, Bracco, Smi~. Councilman Noonan next introduced the subject matter of the suit against the city by the Drive-In Theatre and Van Arkel~ referring to that area that .~as broken through and flooded last winter. He stated that the ownership of the land had never been decided and that we should have one decided at this time. He suggested that a title search be instituted to determine ownership of the'creek and of North and South Canal Roads. Since South Canal Road ~as offered by the Land Company, it may be that the~Land Company is partially responsible. City Attorney Lyons agreed that this w~s a good thought. Councilman Noonan made this in the form of a motion, seconded by Councilman Sani and regularly carried. Councilman Smith then asked if he co~d read some questions that he had at this time regard- ing the liability of the mentioned suit by the Theatre Company. City Attorney Lyons stated that these were pertinent questions and that liability hinged on them~ that no good ptu-pose coted be served at this time if they ~,~ere read. To 'this Mr. Smith presented his questions to the City Attorney for his study. WORKS ENGINEER MATTER: City Attorney Lyons then reported to the City Council regarding his having checked the matter of the Works Engineer as covered by the Civil Service Ordinance. He quoted Section 5 of Page 4 with regard to the specific offices included and excluded under the ordinance. After a lengthy explanation by City Attorney Lyons~ he stated that he wo~d contact the League of California Cities for au opinion and requested the council wait until he receives it. ANIMAL CONTROL ORDINANCE: Mayor Cortesi then requested information relative to the animal control ordinance to which City Attorney Lyons stated he would have the ordinance in readyness and asked that it be placed ou the next council meeting agenda. RAILROAD CROSSING GATES: Councilman Smith asked the City Attorney if a report was available regarding the railroa~ crossing gates. City Attorney Lyons stated that uo new information had been obtained but it seemed that the ouly way the City would obtain railroad crossing gates would be for the City to share in ½ the costs. Councilman Noouau asked if there were any means where the railroad company would be fully responsible for the installation of these gates. Councilman Smith' asked City Attorney Lyons if the railroad property ~as in the city limits, to which he replied that it was. Councilman Smith then asked if an ordinance could be passed to have the railroad put gates up. City Attorney Lyons stated that this was a very good tho~ht on the part of Councilman Smith. Councilman Noonan requested that.an ordinance be adopted and thou sent to the League of California Cities flor all cities to benefit by it. ~GIB~EER PROBLem!: Councilman Smith then requested that the action of the appointment by the engineers for a .lawyer to form a three man committee, should wait until later when he and Councilman Sani had had a chance to work on this problem together. At this point Councilman Smith then read a statement regarding the matter of the engineer and which is made a part of this record. Mayor Cortesi interrupted Councilman Smith at the point where the example of Officer Johnston having to hire his own counsel was made. Councilman Smith, at the conclusion of his reading, stated that it was not the reputation of a man that was at stake but the issue was the clari- fication of the culvert. He furtt~r stated that it was not his doings to have the City defend Works Engineer Raudlett if his name had been clouded. Councilman Sani stated that it was for this reason that he voted no for an outside engineer and lawyer not to be hired because it was an effort to avoid extra added expense. He further stated he had full con- fideuce iu the engineer and did not see the necessity of hiring outside engineers to inves- tigate the m~tter of the Spruce Avenue Culvert. Councilman Smith then remarked that the outside engineers were to be hired in an effort to get the facts , such as the working time and so forth. He stated that he had not been presented with any facts and could not see where two outside engineers could arrive at figures with regard to working time. This matter could be done by ourselves through the Works Engineer. Counci.Lman Noouan reiterated that competent outside help would give us the answer. Mr. Boido spoke from the audience regarding the members of the council working together requesting Councilman Smith to work with them. Councilman Smith asked if there was any method in which the cost of professional men would be known. Councilman Noonan suggested that we obtain an estimate of costs. Councilman Smith stated that as a member of the council committee, the report as submitted by him had neither been accepted or rejected. Councilman Sani stated that when the report had been submitted, he was of the understanding that the work had been completed. Councilman Bracco stated that Councilman Smith had asked for this three man committee and now wished to see'it carried through. BRACCO CHRISTMAS GREETINGS: Councilman Bracco, at this time, extended to all the employees, the press, and the residents of the city a Merry Christmas and a Happy New Year. DOG PO[E~D LOCATION: Mrs. Hernan requested information relative to the location of a dog pound at the vicinity of the Sewage Disposal Plant, asking if it.would be possible to place one on the property that was Just recently requested purchased this evening. City Manager McClung stated that anytime we had to use this property in q~stlon for anything other than for sewage disposal use, we had t0'ask permission-of the Government., therefore by the purchase of this building, we can look into it and ascertain if it would be more economical to build a pound of our own or to use the county facilities. ENGINEER PROBLEM: CityManager McClung requested information as to the estimate on expenses for the services of professional men to be hired relative to the engineer problem. It was suggested that first the duties be designated that were to be attached'with this work. Councilman Noouan sug- gested that s~nethiug should be submitted in writing as to what was expected. Councilman Sani moved, seconded by Councilman Bracco and regularly carried, that the City Manager be in- structed to contact the two engineers and to set a ~ate for the meeting with the members of the City Council. FINAL MAP SUT!SHINE sm~o~s ~: Councilman Smith then again spoke reintroducing the matter of the adoption of the final map for Sunshine Gardens #2, stating that it had been submitted and no provisions made for the 30 inch pipe line that crossed some of the property. Works Engineer Randlett stated that the same reconm~ndatiou had been made by the Planning Cce~-missiou. Councilman Sani moved that the meeting be adjourned. Mayor Cortesi adjourned the meeting to Monday, January 5, 1953 at 8 p. m. Time of Adjournment - 10:06 p. m. Respectfully submitted, City Clerk APPROVF~):