HomeMy WebLinkAboutMinutes - November 3, 1965Viva
CITY COUNCIL, CITY OF LODI
CITY HALL COUNCIL CFI*M.--.RS
NOVEMBER 3, 1965
This regular meeting of the City Council of the City of Lodi was
held beginning at B:QO p,m. of Wednesday, iIovember 3, 1965, in the City
Hall Council Chambers.
ROLL CALL Present: Councilmen .. BROV94; CULBERTSON, DOW,
V]FLTON and KIRSTEN(Mayor)
Absent; Councilmen - None
Also present: City Manager Glaves, City Attorney Mullen,
Administrative Assistant Peterson and Planning Dixector
Schroeder.
MINUTES On motion of Councilman Culbertson, Browns second, the
minutes of October 20, 1965 were approved as written
and mailed.
PLANNING CCb211ISSIOPi
REZONING
The Planning Commission recommended that the area
RUMINSON TR.
bounded by Washington, Watson, Mission and Stockton
R-2 TO R-3
Streets (Ruminson Tract) be rezoned from the R-2 single
family residence district to the R-3 limited multiple
family residence district. On motion of Councilman
Brown, Dow second, the proposal was set for hearing on
Itovember 17, 1965.
INFORMAT10ti
Other actions of the Planning Commission at its meeting
ITEMS
of October 25, 1965 were as follows:
1. Denied the request of Douglas Oil Corporation for
a use permit to erect a revolving sign at 301 East
Lodi Avenue.
2. Denied the request. of -Lodi National Bank for a
variance to increase the allowable sign overhanj'
into the public right of way on Walnut Street east
of Church Street.
C00IUNICATI OATS
APPEAL. -
A letter was read from Fresno Neon Sign Company in behalf
DOUGLAS OIL CO.
of Douglas Oil Corporation appealing the decision of the
Planning Commission which denied the request of Douglas
Oil fox a use permit to erect a revolving sign at 301
East Lodi Avenue. On motion of Councilman Dow,
Culbertson second, the appeal was set for public hearing
on November 17, 1965.
FRONTIER
A letter was received from Frontier Savings and Loan
SAVINGS RE
Association stating the Association had recently acquired
BUILDING AT
the old Turner Hardware Building at 116 West Pine Street
116 W. PINE
adjacent to a City parking lot. The building has a solid
wall facing the parking lot and the Association would
like to receive Council approval to place windows and a
door in this wall. The Association is willing to execute
any release or agreement to the effect that if the use
of the parking lot is.changed which would require the
closing of the door and windows, the Association would
do so at its sole cost. i4r. Glaves explained that the
building code requires that a wall with openings must
be at least five feet from the property line, and that
the wall in question would not comply with this code
regulation unless the Council determined that the parking
lot was public space. He pointed out that the parking
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Minutes of november 3, 1965 continued
lot is not necessarily permanent and there is always
the possibility that at some later date the City may wish
to sell or build on the lot. On being questioned, the
City Attorney stated that an agreement with Frontier
Savings and Loan to indemnify the City against future
damage could be enforced. Mir. Dan Levin, President of
the Association, stated they were willing to go to con-
siderable expense to make the building an attractive
unit conforming with the Downtown Nall and an improvement
to the surrounding area. He said they were anxious to
get started and would appreciate an indication from the
Council as to how they should proceed. Plans showing
the proposed opening were shown to the Council. Mr. Levin
said there might be some minor changes in the plan but
in general that was what they intended to do. Councilman
Culbertson complimented Frontier Savings and Loan on
their efforts to improve the buildino and said the pro-
posed remodeling would be a great asset to the downtown
area. Councilmen were of the opinion that the parking
lot was public area and the City would be protected if
the request were granted since the Association was willing
to indemnify the City against possible future damage.
Councilman Culbertson moved that Frontier Saving and Loan
Association be granted permission to make openinv�:; in
the wall of the building at 116 West Pine Street as
requested, providing they executed an agreement indemni-
fying the City against future damage. His motion was
seconded by Councilman Doer and carried unanimously. On
behalf of the citizens of the community, Mayor Kirsten
thanked Frontier Savings and Loan for their willingness
to remodel the building so that it would be an asset to
the City.
REPORTS OF THE CITY KIVITAGER
CLAIMS
Claims in the amount of $193,871.55 were approved on
motion of Councilman Dow, Culbertson second.
HUTCHINS ESTAIM
Annexation of the Hutchins Estate Addition having been
ADON WITHDRkCvJN
completed, on motion of Councilman Brown, Dow second,
FROM WRCFPD
the Council adopted Resolution No. 2879 withdrawing the
RES. NO. 2879
Hutchins Estate Addition from the Woodbridge Rural County
ADOPTED
Fire Protection District by unanimous vote.
LONE OAK ADDN
Arr.2xation of the Lone Oalc Addition having been completed,
WITHDRAW%I FROM
that portion thereof lying within the Woodbridge Rural
WRCFPD & NRCFPD
County Fire Protection District was withdrawn therefrom
RES. NO. 2880
by the adoption of Resolution No. 2880 on motion of
AND NO. 2881
Councilman Dow; Culbertson second. On motion of Council -
ADOPTED
man Brown, Culbertson second, the City Council then with-
drew the balance of the Lone Oak Addition from the ' .
Mokelumne Rural County Fire Protection District by the
adoption of Resolution No,. 2881.
CLASSIFIED
The Council then took under consideration the recommen-
EMPLOYEE
dation of the City Mianager on salaries of classified
SALARIES
employees. On the basis of his annual survey Mr. Glaves
had recommended a 5% increase for all police and fire
RES. NO. 2882
personnel and for certain classes in the Public Works
ADOPTED
Department and a 24*% increase for all other classes
except clerical personnel for which no increase was indi-
cated. Councilman Dow pointed out that the City had had
a survey and study by the State a year ago and at that
time the 231% step was adopted giving more flexibility in
granting increases. With the rise in cost of living,
he was of the opinion that the clerical employees should
receive a 2;,.t,% increase. Councilman Dow then moved the
adoption of Resolution 11o. 2882 increasing salaries as
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Minutes of November 3, 1955 continued
of October 11 1965 to 5% for those classes recommended
by the City Manager and increasing salaries for the
balance of the classified employees 2V. His motion was
seconded by Councilman Culbertson who stated that he did
not question the City Managers survey, but a different
criteria had been used this year than last for clerical
positions. In construction the cost of living has been
projected for three years and is greater than 2�§6 and
he felt all the employees deserved an increase. Council-
man Brown concurred but could not see the equity in
giving the lowest paid employees such as laborers a 24fo
increase while giving the highest 59. Mrs. Dolores
Formento, President of the City Employees Association,
addressed the Council concerning the salary for laborers.
She pointed out that the average salary for laborers of
all cities surveyed by the City Manager was $477, while
Lodi was $447. A 5% increase would bring the salary to
$469 which was still below the all -city average. City
Manager Glaves stated that in comparison to the local
market, the Lodi salary compared well. Mayor Kirsten
said the, Council owed it to the citizens to get the best
service at a fair price. The City is already paying
more for clerical help than local business and to make
an increase is unfair to the taxpayers. Councilman
Walton said that by keeping up a good.salary, the City
does not become a training field for private industry.
After further discussion the motion to adopt Resolution
No, 2882 passed, with Mayor Kirsten voting no.
DEPT. HU -AD Mr. Glaves then recommended the following increases for
SAIARIBS department heads:
From To
Public.Works Director $17150 $1,210
Police Chief -980 1,050
Fire Chief 925 1,000
Finance Director 970 1,020
Recreation Director 915 975
Planning Director range from $720 - $930
to $800 - $990
Mr. Glaves said he would make a recommendation on
salaries of the Superintendent of Utilities and the
Administrative'Assistant at the next meeting. Councilman
Culbertson moved that the recommendations of the City
Manager be'adopted increasing salaries for department
heads effective October 1, 1965. His motion was seconded
by Councilman Walton. Mayor Kirsten pointed out that
pexcentagewise the recommended increases were higher
than the other employees, Councilman Culbertson's opinion
was that some depaxtment heads had'been hired on a mini-
mum basis and deserve a rapid increase, that they are
responsible for a large number_of employees, and, if
they are capable, should be properly paid. Councilman
Brown felt the increase was too much. as compared to the
laborers. After further discussion, the motion to
increase salaries of the department heads as recommended
passed by the following vote:.
Ayes: Councilmen - CULBERTSm, DOW and 44ALTON
Hoes: Councilmen - BRO'aT and KIRST04
CLOSED CIRCLTT Mr. Vloodrow Mitchell, President of the Lodi Elementary
TV FOR SCHC0LS School Board of Trustees, addressed the Council concerning
their desire to extend their closed circuit TV cable to
the Needham School. In January, 1964 the Board had
3
Minutes of November 3, 1965 continued
received permission to string the cable from the George
Washington School to the Leroy Nichols School in order
to develop a pilot program of closed circuit TV. The
program had proved so successful that the Board wished
to expand the program to include one or more schools
and were asking the Council for permission to extend the
cable as far as the Needham School. Permission had been
obtained from 24 out of 30 property owners along the
proposed route. Councilman Culbertson moved that the
request of the Elementary School board to extend the TV
cable over public right of way to the Iieedham. School be
granted. His motion was seconded by Councilman Brown
and carried unanimously.
ENCR(l<NMENT
Councilman Dow moved that consideration of the proposed
ORDIT1WU4CE
Encroachment Ordinance be continued to the meeting of
COINTINLM
December 1, 1965 and that it be scheduled under Public
Hearings on the agenda. His motion was seconded by
Councilman Brown and carried by unanimous vote.
1964-65
On motion of Councilman Culbertson, Dow second, the
ALDIT
1964-65 audit prepared by t1cCandless and Soderbery was
accepted.
REQUEST RE
In response to the Councils request for a recommendation
"MOLOTOV
on the letter from Long Beach received at the meeting
COCKTAIL"
of October 20, 1965 concerning tiie "i+iolotov Cocktail,"
TART
the Chief of Police in a memorandum to the Council recom-
mended that no action be taken, his opinion being that
the unlawful use of a "[iolotov Cocktail" is a felony
and that making the mere possession thereof a felony
might do some persons an injustice, particularly until
such time as it is more definitely defined. On motion
of Councilman Dow, Culbertson second, the letter from.
Long Beach was tabled.
SUBDIVISION
The Council then discussed the proposed amendments to
ORDINANCE
the Subdivision Ordinance, copies of which had been sent
AMEINDED
to the Council. The ordinance would formalize the policy
adopted by the Council that the City would cease doing
ORD. NO. 803
improvement installations for subdivisions and would no
INTRODUCED
longer do the map checking. The Public storks director
is also recommending that the City stop doing engineering
for subdivisions. If this recommendation is acceptable
to the Council, several otizer changes should be made
in the wording of the ordinance indicating the private
engineers will submit their design work to the City for
approval. The subdivider would also be required to post
cash, bond or instrument of credit in the amount of 100:1.
of the cost of improvements rather than 10% as at present.
Councilman Culbertson voiced his objection to the wording
in Section 3 of the proposed ordinance that It... the
City Engineer may authorize partial releases from the
deposit for the work completed by the subdivider." lie
felt that the word "may" should be changed to "shall."
City Manager Glaves, City F.itorney Mullen and Public
Works Director Jones were of the opinion that the City
has more protection using the word "may." However,
Councilman Culbertson felt it was leaving too much to
the discretion of the City engineer and he moved that
the word "may" be changed to "shall" in the last sentence
of Section 3. His motion was seconded by Councilman
Brown and failed to carry by the following vote:
Ayes: Councilmen - BRO:II.T and CULBERTSON
Noes: Councilmen - M1, UtILL OPI and KIRSTE4
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309
Minutes of November 3, 1965 continued
SANITARY ORDIIdAiNCE NO. 802, entitled "AN ORDINANCE PROVIDING
LANDFILL. R GULATIONS FOR USE OF i1ASTE DISPOSAL GROUNDS AND FOR
REGULATIONS A7tM-LADING SUCH REGULATIONS," having been introduced at
the meeting of October 20, 1965, was brought up for
ORD. NO. 802 passage on motiion of Councilman Brown, Dow second.
ADOPTED Second reading was omitted after reading by title and
the ordinance was then passed, adopted e:d-rde%,-t r�
print by the following vote:
Ayes: Councilmen - BROI•Iii, CUIBMTSOU.. DOW, WA1_1.014
and Kill=11
Ploes; Councilmen - None
kbsent; Councilmen - None
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The Council was in agreement that the City stop doing
the engineering work for subdivisions, and on motion
of Councilman Dow, Brown second,the City Council by
unanimous vote introduced Ordinance No. 803 amending
the Subdivision O;dinance(Chapter 22 of the City Code)
as recommended.
SPECS -
On motion of Councilman Brown, Dow second, the City
UTILITIES
Council approved specifications and authorized calling
TRUCK
for bids on a truck for the Utilities Department.
INVESTMENT OF
falx. Glaves gave a report on the investment by Finance
BOND MONIES
Director Wilson of the money received from the sale of
$5.5 million 1965 Municipal Improvement Bonds and compli-
mented Mr, Wilson for having done an excellent job.
1966 CENSUS
Mr. Glaves reported that the Federal Bureau of the Census
would be able to take a census of Lodi in April of 1966
at a cost of approximately $3,000. The City has been
getting a yearly estimate from the State Department of
Finance, but the State feels it can no longer give a
valid estimate, On motion of Councilman Culbertson, Dow
second, the City Council authorized contracting with the
Bureau of the Census to conduct a special census in
t.pril 1966.
COUNCIL
Councilman Dow stated that in accordance with State
SALARIES
legislation the Council is empowered to set compensation
Of its members at $150. He felt this amount was not
ORD. NO. 804
adequate, but was an improvement over the $50 which
INTRODUCED
members of the City Council have been receiving since
1922. Councilman Dow then moved the introduction of
Ordinance No. 804 establishing the salaries of Council
members at $150 a month effective after the April 1966
municipal election. His motion was seconded by Councilman
Culbertson, who stated that such compensation was well.
deserved; that a great deal of time was spent on city
business and away from ones own business. Mayor Kirsten
agreed that this was so but felt that when he ran for
the Council he volunteered to assume such a sacrifice.
Dedicated people are needed on the Council and increasing
the salary may encourage people who are unqualified to
seek the office. On the other hand, Councilman Walton
felt that there were qualified people who could not
afford to run for Council because of added expenses in
connection therewith and an increase in salary might give
them the opportunity to run. The motion to introduce
Ordinance No. 804 then passed, with Mayor Ki=sten casting
a dissenting vote.
MEETING WITH
The City Manager said he had contacted Dr. D. Jackson
TRAFFIC -ENGINEER
Faustman, traffic engineer, who had indicated he vzuld
be able to meet with the City Council on November 10.
The Council agreed the date was satisfactory and author-
ized the City Manager to so inform Dr, Faustman,
ORDINANCES
SANITARY ORDIIdAiNCE NO. 802, entitled "AN ORDINANCE PROVIDING
LANDFILL. R GULATIONS FOR USE OF i1ASTE DISPOSAL GROUNDS AND FOR
REGULATIONS A7tM-LADING SUCH REGULATIONS," having been introduced at
the meeting of October 20, 1965, was brought up for
ORD. NO. 802 passage on motiion of Councilman Brown, Dow second.
ADOPTED Second reading was omitted after reading by title and
the ordinance was then passed, adopted e:d-rde%,-t r�
print by the following vote:
Ayes: Councilmen - BROI•Iii, CUIBMTSOU.. DOW, WA1_1.014
and Kill=11
Ploes; Councilmen - None
kbsent; Councilmen - None
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i4inutes of November 3, 19LS continued
SSTTL IVENT OF
City Attorney Mullen stated that the suit of 1•Iountain
NOtNTAIN STLT35
States Construction Company vs Henry Wiebe, a subcon-
CONST. CO. SUIT
tractor on the Basin A-.1 piping and structures, and the
City could be settled by the main parties out of court _
if the City could accept $250 instead of $1500 which
the City is entitled to receive because the work was not
completed within the time specified by the contract. -
Because of the expense of a trial and because the City
was not out of measurable money due to delay in the work,
the City Attorney recommended that the City accept the
$250 and that he be authorized to proceed on that basis.
He said he would submit a bill for $150 to cover his
services in the matter. Councilman Walton disqualified
himself from entering into consideration of the proposal
because of direct interest. Councilman Culbertson moved
that the City Attorney be authorized to proceed to
settle the matter as recommended. His motion was seconded
by Councilman Dow and carried, with C;iuncilman Walton
abstaining.
ADJOURNS+i =NT
At 10:30 p.m., on motion of Councilman Brown, Culbertson
second, the City Co�incil adjourned to November 10, 1955.
L
Attest; Beatrice ::aribaldi
:nity Clerk .