California city council will send municipal cases to county court

It was a long night for the City of California Board of Aldermen. The regular monthly meeting Oct. 2 was called to order at 7 p.m. and was adjourned after midnight.

The council discussed the future of the California Municipal Court, because of the changes ordered by the Missouri Supreme Court, which would require hiring an additional city employee to be municipal court clerk to insure the separation of the judicial, executive and legislative branches of small cities.

The matter of hiring someone to keep control of the court proceedings versus turning the municipal court matters over to the county court was discussed at length. The first motion to turn the municipal court matters over to the county court ended in a tie vote.

Mayor Norris Gerhart voted "no," and asked for council members to explain why the city needed to keep the municipal court. After consideration of the additional costs of a new municipal clerk, the discussion continued. Another motion to turn the municipal court activities over to the county was passed by the council. Details are to be worked out.

The first reading was held on each of the proposed new nuisance ordinances, after which they were discussed at length. It is expected that the second readings will be held at the November meeting, at which the ordinances will then be voted on.

The proposed ordinances are intended to continue the effort to improve the health and safety of the residents of the city. Several visitors weighed in with their opinions on the different aspects and requirements of the various proposed ordinances.

The first proposed ordinance discussed was the revised public nuisance ordinance.

The main concern of several people regarding that ordinance was the provision that, when some odors of possibly hazardous materials are detected, a police officer is allowed to enter the property and check the premises for hazardous materials. The discussion following concerned defining what hazardous materials are, not usually in a household. It was explained that gasoline, diesel and motor oil were not of concern.

The second proposed ordinance, that of no longer allowing parking of vehicles on grass yards, came under considerable discussion. Many expressed the opinion that, since it is the person's property, and that they pay their taxes, the city should not be restrictive of personal property rights.

The discussion continued, touching on the definition of a paved surface (concrete, asphalt or packed gravel) and what about a driveway that was once paved or graveled and is now mostly grass?

Asked what parking on the grass matters by one visitor, the answer given by Mayor Gerhart was that it improves the "quality of life" for the residents. Alderwoman Resa Dudley said that cars parked in a yard are an eyesore.

It was discussed that what is an eyesore to one is not to another. Later, Dudley said a car parked in a yard is "ugly."

She went on to say that, "people don't have a right to do what they want to. It may infringe on others."

An additional discussion concerned the difference between motor vehicles parked in a yard and a trailer parked in a yard. It was determined that trailers and boats on trailers are permitted.

Those present were informed that for special events and occasions, a motor vehicle parked on grass for eight hours or less is acceptable.

The third proposed ordinance, if approved, would prohibit anyone doing mechanical work on a vehicle on a city street or alley in the city. There was little discussion on that proposed ordinance.

Another matter taken up was work needed to be done on the municipal swimming pool. The walls, the walkway and the swimming pool bottom all need to be cleaned and redone.

After discussion, the council approved bids to be sought on the designated work, with plans, if it can be arranged, to close the pool after Thanksgiving and re-opening after the first of the year.

Four separate bids are to be let. One bid will be for the cleaning of the walls, pool and walkway. A second bid will be for putting in nine doors. A third bid is for putting in six toilets. The last bid discussed will be for the object of coating the locker room floor.

The next regular meeting is set for Nov. 6.