HomeMy WebLinkAboutMinutes - January 21, 1953173
CITY COLNCI' CITY OF LORI
COCl+CIL CHA2•_33R3, CITY "HALL
JANUARY 21, 1953
This regular meeting of the City Council of the City of Lodi
held beginning
at 8:05 o'clock r.m. of January 21, 1953• Council-
men Richey,
Ridn and Robinson oresent; absent Preszler and 1,askell
— (Riayor). Councilman
Rinn, elected Nayor pro tem at the January 7,
1953, meeting,
presided.
?.1inutes
of the previous meeting, January 7, 1953, were
approved as
written and mailed.
., 0.•,:�.L Lv I
C r:1 l'J rdS
Letter from radio station KXOA, Sacramento, in-
forming the Cit that the station has an apolica-
tion pending before the Federal Communications
Commission for a television station to serve the
Sacramento area. As in the past, the station
states that it stands ready to offer its facili-
KXOA OFFERS
ties to governmental organizations to further
FREE TJ TI -:E
worthwhile activities in the community. It now
offers the City of Lodi certain segments of time
for its use if the station is successful in ob-
taining approval of the FCC. The letter indi-
cated that KXOA would tike the City Council to
determine whether it would be interested in
making use of the free time offered. Councilman.
Robinson raised the question of wheth2 r this
offer was connected with the present controversy
over the award of the station by the FCC in
Sacramento. He suo ested that it might be unwise
for the City to involve itself in such controversy,
if such were the case. Mr. Weller stated that he
would be glad to look into the matter and attempt
to learn something more about the matter. At
the suggestion of Councilman Robinson the matter
was deferred until more information was available.
Letter from the Delano Chamber of Commerce sug-
gesting that the City Council adopt a resolution
tailing for the establishment of a Division of
Architecture in the State Department of Education
and that said Division of Architecture have the
responsibility of furnishing all plans and
specifications for school construction projects.
DELANO
According to the letter, the present system em -
C OF C
ployed is wasteful and places an undue burden
PROPOSES
upon the taxpayer. Councilman Richey stated that
ARC:. LEFT.
she understood that the School Board and the
FOR STATE
Chamber of Commerce had received similar letters
DEPT. OF ED.
and had delayed taking any action on them pending
further study. She felt that if the school Board
questioned the advisability of adopting the reso-
lution., there might be a valid question involved.
Councilmen Rinn and Robinson each stated that he
know nothing about the matter and felt that a
delay in action by the Council until the School
Board had studied the question and compe up with
some findings would be in order.
The City Manager reminded the Council of the
CVD,LCC
quarterly meeting of the Central Val -ley Livision
1�_EETING
of the League of California Cities to be held
in Stockton, January 22, 1953.
1.74
?;inutes of January 21, 1953, continued
Petition signed by so::e 6(j residents and property
owners on East Tokay Street protesting the use of
Tokay Street by truo;.s. The petition further asked
that all truck travel on Tokay Street between
99 Highway and the railro-d tracks be banned.
!'X. ;;eller stated that he believed the residents
had a legitimate complaint because the truck
PETITIO:i ASKS
travel during the shipping was very heavy and
THAT TRUCKS
the trucks often have to line up in the street
BE BANNED
awaiting entrance into the cannery. Mayor pro
ON TOKA`_' ST.
tem Rinn felt that the problem could be worked
out by the Chief of Police. Councilman Robinson
suggested that the problem could be considered
in conjunction with the traffic ordinance which
is presently in the drafting stage. It was agreed
that the matter be deferred until the 1,hief of
Police had an opportunity to study the problem
and until the traffic ordinance was ready for
consideration. Mayor pro tem Rinn pointed out
that there would be time to consider the matter
before summer when the problem was more serious.
PUBLIC HEARINGS
At this time the Mayor pro tem declared the meet-
ing open under the above head for the reception
of protests against the rezoning of the Clara
MASON
Mason property north of Lake Home Subdivision
REZONING
No. 2 and bordered by the Lodi Municipal Lake
and the i-:okelumne River, from Park Area to -the
ORD. NO. 475
R-2 Residential Zone. There being no objections,
7INTRODUCED
Councilman Yichey moved, Robinson second, the
introduction of ORDINANCE NO. 475, entitled
"AdVEIiDI@wG THE OFFICIAL DISTRICT MAP OF THE CITY
OF LODI AND THEREBY REZONING CERTAIN PROPERTY
NORTH OF THE LAKE HOME SUBDIVISION NO. 2 TO BE
IN THE R-2 RESIDENCE DISTRICT". The motion was
carried.
REPORTS
JF THE CITY MANAGER
The City kanager presented the report submitted
ACCT RETORT
by Lyman Straine 'c Gompany, public accountants,
POLICE COURT
covering the audit of the books and records of
the City Police Court.
Specifications for a two -ton dump truck for use
in the Street Department were approved on the
SPECS ON
motion of councilman Robinson, Richey second.
TWO -TON TRUCK
iv.r. Weller explained that the truck presently
used by the Street Department would be transferred
to the Recreation Department and the 1935 model
truck presently used by the Recreation Depart-
ment would be turned in 'on the new truck.
Letter from John T�. Giannoni stating that he
would like to exercise the option in his con-
tract with the City in regard to the merily-go-
round concession at Lodi Lake Park. He also
GIANNONI
asked that the contract be renewed for a longer
EXERCISES
period. Mr. ',:eller stated that he hesitated to
OPTION
recommend a renewal to the contract because we
are negotiating with the State over the park
at the present time. Mayor pro tem Rinn ob-
served that since the option had already been
ranted, there was no action indicated on the
part of the council. It was then agreed that
the present contract should stand.
Minutes of January 21, 1953 continued 17.5
i•:r. ,'eller presented the position classification
I
or the position of Office Supervisor in the En-
"OF?ICE gineer's office. He explained that this position
SUPE?VISOF." would be created to fill the shortage created by
CLASSIFICATION the loss of ;-ris Meckler. Following the reading
ADOPTED of the position classification, it was ado^ted on
the motion o; Oouncilman Richey, Robinson second.
AYES: Councilmen, Richey, Rinn and ttobinson
P:OES: Councilmen, None
A3SENT: Councilmen, Preszlerand naskell
P•:ayor pro tem Rinn then, signed Ordinance No. 474
in a^p.oval thereof.
On the Notion of Councilman Robinson, Richey second,
ORD. NO.477
the Council then voted to introduce Ordinance No.
INTRODUCED
477, providing for an amendment to the Salary
AMENDS
Ordinance to include an increase in salary for
SALA1Y ORD.
the Purchasing Agent and the inclusion of the
position of Office z)upervisor at a salary of
,350-436.
City Attorney t:ulle.n proposed Ordinance Pio. 470,
providing for the amendment of the City Manager
Ordinance, Ordinance No. 367. The proposed amend-
CiK ORDINANCE
ment would remove the name of the City Judge from
ATEi�DED
rhose officers appointed by the City Council and
ORD. NO -478
repeal that section providing that the City hana-
1NTRODUCED
ger be Purchasing Agent for the City. Adoption
of this ordinance will make it possible for the
Purchasing Agent to be appointed by the City
Manager. Ordinance No. 470 was introduced on the
motion of Councilman Richey, Robinson, second.
The City Manager presented proposed Ordinance
No. 479 which will repeal Ordinance No. 361,
PURCHAS--NG
known as the Purchasing Ordinance. Mr. Weller
ORD. REPEALED
explained that he felt that the entire ordinance
could be dispensed with and rely upon Council
ORD. NO -479
direction in nurchasing matters. He pointed out
I.1RODUCED
that the present Purchasing Ordinance requires
published notice and bids for purchases over .500,
whereas the State requirement for sixth class
cities is 4'01,000. Councilman Robinson moved,
Richey second, the in;,roduction of Ordinance
No. 479. The motion carried.
In considering Ordinance No. 474, the Personnel
Ordinance, for adoption, Councilman Robinson
stated that there was still some question in his
mind regarding the advisability of doing away
with the "rule of three". He withdrew his o'o-
ection when it was pointed out that the provis-
ions for appointment were contained in the Per-
sonnel Rules and not in the Personnel Ordinance.
There being no further questions, ORDINANCE NO.
474, "AN ORDINANCE OF THE CITY OF LODI CREATING
AND ESTABLISHING A PERSONNEL SYSTEP,T AND REPEALING
ORDINANCES NO. 276 AND NO. 305", having been reou-
ORD. Y 0.474
larly introduced on January 7, 1953, was brought
P_;RSJN-EL
up for passage on motion of Councilman Richey,
0RDINh4CE
Robinson second, second reading omitted after
ADOFTED
reading by title by unanimous consent and then
passed, adopted and ordered to print by the
following vote:
AYES: Councilmen, Richey, Rinn and ttobinson
P:OES: Councilmen, None
A3SENT: Councilmen, Preszlerand naskell
P•:ayor pro tem Rinn then, signed Ordinance No. 474
in a^p.oval thereof.
176
Linutes of January 21, 1953 continued.
JRDIN!*NCE NO. 476, 'I A. ';DING SECTIi:N 7 OF ORCIN__KCE
NO. 444 FOR THE PURPOSE OF D` ,--.OVING CE.'.TATN
J? TH TTY OF LOU! .RJ:=. _.. CLASSIFIED SERIVCE OF
THE CITY", having been regularly introduced on
January ^,, 1953, was brought up for passage on
the motion of Councilman nichey, Robinson sec nd,
second reading omitted after reading of title,
ORD. NO -476
and then passed, adopted and ordered to print by
ADOPTED
the following vote:
AYES: Councilmen, Richey, Rinn and Robinson
NOES: Councilmen, None
ABSENT: Councilmen, Preszler and haskell
Mayor pro tem Rinn then signed Ordinance No. 476
in approval thereof.
;FGl;:;A:CE 10. 473, "APPROVING THE ANNEXATION OF
THE RIECri ADDITION TO THE CITY OF LODI AND DECLAR-
ING THE. T THE SAIi:E IS ANNEXED TO AND ILADE PART OF
TEE CITY OF LODI", having been regularly introduced
on January 7, 1953, was brought up for passage
on the motion of Councilman Robinson, Richey second,
second reading omitted after reading of title, and
RIECK
then passed, adopted and ordered to print by the
ADDITION
following vote:
ORD. N0.473
ADOPTED
AYES: Councilmen, Richey, Rinn and Robinson.
NOES: Councilmen., None
ABSENT: Councilmen, Preszler and Haskell
Mayor pro tear, Rinn then signed Ordinance No. 473
in approval thereof.
Claims in the amount of ,120,406.30 were approved
CLAIMS
and ordered paid on the motion of Jouncilman
Richey, Robinson second.
The City Manager presented a lease agreement pre-
pared by the San Joaquin County Counsel for use
of the Chamber of Commerce auditorium by the Lodi
APPROVE
District Court. The agreement provides for pay -
LEASE OF
ments of 4100 per month. The City Attorney recom-
COURT
mended that the sentence, "Lease to commence Janu-
FACILITIES
ary 5, 1953", be added as the last sentence of
paragraph 2. The lease agreement was then approved,
subject to the above addition, on the motion of
Councilman Robinson, Richey second.
CITY PLANNING C010:ISSION
The City Planning Commission advised the Council .
that that body had adopted a Use List to amplify
the general types of business permitted in the
RES. '#1719
C-1 and C-2 zones. The Use List adopted by Reso-
ADOPT
lution C.P.C. No. 1 was prepared by Mr. Howard
U3E LIST
Bissell and taken largely from "Standard Indus-
trial Classification. Manual", Volume II Non-Ranu-
facturing Industries, prepared by the Bureau of
the Budget. The Council voted to adopt the Use
List recommended by the Planning Commission with
the adoption of Resolution No. 1719 on the motion
of Councilman Robinson, Richey second.
177
t.:inutes of January 21, 1953 continued.
i.,r. :.'eller discussed the possibility of agree -
ng upon a procedure for handling of recommen-
RELATIONS
dations from the Planning Commission. He felt
'iiITH
that in those instances ;,then the Council intended
PLANNING
to take action contrary to t..e recommendation
COMEI33ION
of the Planning Commission, some provision
could be set ur whereby the matter could be re-
referred to the Planning Commission for comment
before such action was taken. He explained that
:i nor delays would be experienced, but that this
could be kept at a minimu. It was agreed that a
procedure of this nature should be followed in
the future.
City Attorney ik;ullen reported that he had been
unable to contact Ted Schneider regarding the
working out of an agreement for the future use
of Falls Avenue. However, he had discussed the
matter with Henry Schneider. Henry Schneider
FALLS AVENUE
had indicated that he would be unwilling to
enter into an agreement with the property owners
ORD. 110.47C
for the maintenance of Falls Avenue between Grant
WITHDRAWN
Avenue and Roper Avenue as a private thoroughfare.
Councilman Robinson then moved, Richey second, that
Ordinance No. 470, "Declaring the Intention of the
City Council of the City of Lodi to Vacate That
Portion of Falls Avenue Lying Between the West Line
of Grant Avenue and the East Line of Roper Avenue"
be withdrawn before second reading,and that the
number for -this ordinance be released for assign-
ment to another ordinance. The motion carried.
?•.r. P4ullen then discussed the process of the South
Churc^ Street Lighting District with the Council.
Having discussed the manner of assessments and the
estimated costs of installation of the street
SOUT:: CHURCH
1`g' -tin- fixtures, the Council agreed that the
ST. LIGrTING
probable assessments would not exceed the limita-
DISTRICT
tions set up in the Special Assessment Investiga-
tion, Limitation. and Majority Protest Act of 1931.
On the motion of councilman Robinson, Richey
RES. jr171d
second, the Council adopted Resolution No. 1718,
ADOPTED
"Resolution Determining in General the Nature,
Location and Extent of the Proposed Improvement
to 3e Known as South Church Street Lighting
District; Finding that the Probable Assessments
Will Not Exceed the Limitations Set lip by Law
and Directing the Clerk to Give Notice Thereof
Pursuant to Section 2950 et. seq. of the Streets
and Highways Code".
i.Ir. Weller suggested that the Council meet with
the department heads at some future date. He
?-17—ETING `r,`ITH
suggested this as a means for the individual
Dn ARTIAEN'T
councilman to become acquainted with the workings
HEADS
of the various departments in the city. The
Council agreed that such meetings would be
desirable.
Mr. :'eller explained that he had a request from
2•1artin Dreyfuss, Finance Director, for permission
to accept a job as instructor in accounting at
the Lodi Union Evening High School. M.r. ',!eller
explained that it would be difficult to grant
OUTSIDE
this request in the face of the standing policy
L%"PLOY2ENT
of the Council which frowns upon outside work for
City employees. He sugested that there might
DREYFUSS
be room to modify the policy to the eOtent that
REaUEST
it would be more equitable for the employees and
easier to enforce. Mayor pro tem Rinn suggested
that the present policy be allowed to stand and
any requests for exception to the policy be brought
to the Council. ".:r. 'Aeller explained that this
w:;";Id be difficult to apply because of a reluc-
tance on the part cf employees in the loner eche-
__.s to air tt.eir requests . :blicly. :r. :.sullen
178
._.utes of January 21, 1953 continued
suggested that the policy be modified to the extent
that department heads would be permitted to accept
outside worn only when such work is for arcther
public agency. After further discussion, the Coun-
cil approved the request of Mr. Dreyfuss with the
understanding that M✓r. "eller would prepare recom-
mendations for the modification of the present policy.
The City tanager discussed the rating of the City
of Lodi by the Board of Fire Underwriters. The
City is presently rated in Class V, but many im-
provements have been made in the Fire Department.
FIRE RATING
He explained that we have removed enough deficiency
points to almost put the City in Class IV. He
stated that he felt sure that the Class IV rating
would be achieved after passage of the Fire Fre-
vention Ordinance. He recommended that the Council
introduce Ordinance No. 480 which would adopt the
"Suggested Fire Prevention Ordinance" published by
the national Board of Fire Underwriters, with cer-
tain modifications by the Lodi Fire Chief. Mayor
FIRE PREVEN-
pro tem Rinn was assured that the proposed Fire
TION ORD.
Prevention Ordinance did not involve the City in.
any further public liability nor did it call for
CRD. i+0.480
additional fees. ORDINANCE NO. 480, entitled "AN
INTROD"U"CED
ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF A
BUREAU OF FIRE PREVENTION, PROVIDING OFFICERS THERE-
FOR AND DEFINING THEIR P05sERS AND DUTIES, AND FRE -
SCRIBING REGULATIONS FOR FIRE PREVENTION AND LIFE
SAFETY IN CONNE::TIOii WITH HAZARDOUS MATERIALS AND
PROCESSES, PROVIDING PENALTIES FOR TEE VIOLATIO;
THEREOF AND REPEALING ORDINANCES NOS. 122,-141,
166 AND ALL OTHER ORDINANCES AND PARTS OF ORDINANCES
IN Cku`FTICT THERE'dTH", was introduced on the motion
of councilman Richey, Robinson second.
A:r. 'rJeller then presented the estimates for in-
stallation of street lights in the downtown section
of the City. He explained the estimates were pre-
pared by the superintendent of Utilities. The
total cost of the lighting district was estimated
at approximately.45,000, or a front foot cost of
DOWNTOWN
approximately 4? -3.b0. yir. 'Feller explained that the
STREET LIGET
Superintendent of Utilities had favored the incan-
ESTI,KATE3
descent type of lights, but the merchants wanted
the mercury vapor type. The maintenance of the
mercury vapor light will be less than the incandes-
cent light. Councilman Robinson stated that the
merchants feel that the City should participate
in the cost of the district on the grounds that the
cost of maintenance would be less with the new
lights. I,:r. Weller replied that since the number
of lights would be increased, the maintenance cost
would also increase. Councilman Robinson then
stated that the merchants would like the City to
furnish the labor for the district. Er. Weller
replied that this is the same as asking for the
City to share in the cost and the same answer
applied. Mayor pro tem Rinn then suggested that
the rerort from the superintendent of Utilities
be forwarded to the merchants in its present form.
It was agreed.
The City Manager submitted a general summary of
the financial position of the City as of December
31, 1952. Mr. Weller stated that he believed that
r:.ID-YEAR
the -best job of budgetary control had been achieved
FINANCE
this year. In general, Pair. Weller reported that
REPORT
the City appears to be in a strong position at mid-
year with an indication that the year will be com-
pleted with a slight surplus of revenues over ex-
penditures.
Minutes of January 21, 1953 continued.
1_79
Councilman. Robinson stated that the City
?•.anaGer's salary had been discussed and it has
felt that the matter should core un at this time.
CITY He then moved that the City Manager's salary
i•zi:ASER'S be increased by wIGC per month effective January
SAT ':t_' 1, 1953. The ;notion was seconded by Councilman
che;; and carried unanimously. :ayor pro tem
_._rinn stated that he felt that the increase was
justly deserved in light of performance and,
_f anything, should be doubled.
The meeting was adjourned at 11:05 o'clock p.m.
on motion of councilman Richey.
ATTEST: �%
HE A . 16L VES ,
City Clerk