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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 - 1 - 3o6 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 - 2 - a071 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 - 4 - 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 - 5 - 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 - 5 - 34-0 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 .