HomeMy WebLinkAboutMinutes - April 16, 1958WE
CITY CO7,,NCIL, CITY 0= LODI
COUNCIL CHA�TBER, C!7_ HALL
APRIL 16, 1959
This regular meeting of the City Council of the City of
Lodi held beginning at 8:00 o'clock p.m, of Wednesday, April
16, 1958; Councilmen Brown, Culbertson, Mitchell, Robinson
and Katzakian (Mayor) present; none absent. City "'!anager
Glaves and City Attorney Mullen present.
On the motion of Councilman Mitchell, Robinson second, the
minutes of F.oril
2, 1958, were approved as written and mailed.
PU3 3L:C
H EARIUGS
REZONIiG S.
?Mayor Katzakian called for public hearing on
STOCKTON ST,
the rezoning_ of the west side of Stockton Street
from Cherry Drive to Kettleman Lane from R-3
ORD. NO. 614
and R-4 Residential to M Industrial. There
ItiTRODliCED
being no protests, either written or oral, and
the City Planning Con ission having recommended
such rezoning, Ordinance No. 614, approving
the requested rezoning, was introduced on motion
of Ccuncilnan Brown, Mitchell second.
HOEGER'"A:i
The Mayor then called for public hearing on
AP=EAL
the appeal of 'William C. Hoegernan of the action
DEiII.D
of the City Planning Corsmission in denyin- his
request for a variance to re-establish a non-
conforming used car '-ot at 511 West Lodi Avenue
in the C-1 Con-ercia1 zone. The City "Tanager
read a resort from the Planning Director stat-
ing the Planning Commission has denied the request
because no evidence of undue hardship had been
presented and the Commission believes that auto
sales lots and garages should not be authorized
on 'nest Lodi Avenue. Mr. Robert Mertz, 404
';,'est Pine Street, spoke in ber.alf of Mr. Hoeger-
man who was unable to be present. He stated
that consideration should be given to the fact
that Hoegerman had obtained his permit for a
used car lot before the Dresent ordinance went
into effect and that 47000 had been spent to
develop the property as a used car lot. The
tenant had a five-year lease which was terminated
at the end of two years. For the p^.3t year it
has been used as a paring lot, but this has
been discontinued. After considerable discussion
among Council ^embers, Councilman Robinson moved
gnat the request for a variance to re-establish
a used car lot with the sane corditior_s required
for the original permit be granted. The motion
was seconded by Councilman Brown and lost by
the following vote:
AYES: Councilmen - Brown and Robinson
NOES: Councilmen - Culbertson, Mitchell
and Katzakian
ABSENT- Councilmen - `Ione
(Councilman ".itchell voted after being assured
by the City Attorney that since he had no direct
interest in the -natter, he had no valid reason
for abstaining from voting.)
"irutes of A-ril lc, 195 continued `L9 i
WERNER A?=EAL
Mayor Katzakian called for public hearing on
the appeal of Ed Werner, Werner's ".anufacturing
TEMPORARY
Company, of the action of the City Planning CoTn-
VARIANCE
mission in denying a request for continuation
ORR iTEO
of a variance permit w,ich had expired on Feb-
ruary 13,1958, The appeal had been amended
to request a temp;rary variance to allow the
Company a little more ti --e to move to another
location. The City Manager read the report of
the Planning Conmission which had denied the
request, for a permanent variance on the grounds
that the previous hardship no longer existed
and that a non-confor^!ing use should not be
allowed to expand. They also denied the request
for a temporary variance as t_^_ey felt sufficient
time had already been given for moving to
another location.. Mr. Werner appealed to the
Council to allow a temporary extension of his
variance, which pertains to an underground -aint-
ing room, stating that it would cost him between
41500 and Q2,000 to move his equipment upstairs
and that such a move would aggravate the nuisance
factors. He stated t^at he -had every intention
of selling the property. Mr. Lee Wagner, 721
York Street, on behalf of Mrs. Duerksen, 715
and 711 York Street, spoke against the request,
stating that noises and fumes from the factory
were a nuisance and that if the variance were
allowed, it would set a precedent and that the
value of surrounding property would be decreased.
Mr. Eugene Fontas, 514 York Street, stated
that a petition had been signed by 50 people
in protest of any expansion because of the
traffic, noise and fumes caused by the opera-
tion. Mr. L. H. Lukens, 547 Onrk Street,
spoke in behalf of Mr. 'werner, saying that the
fumes would be less if the variance were Granted
because the naintin- operation would not have
to be moved upstairs, and that Mr, rverner
should be helped. Mr. Boyd Martin, 715 Park
Street, concurred with Mr. Lukens. Mr. Werner
emphasized that he was asking for a temoorary
variance of six months and that he would make
no further request in the event his operations
were not moved by the end of that period
Councilman Culbertson_, stating that denial of
the request would work a hardship on the
applicant and would also result in added
nuisance to the neighborhood, moved that a
temporary variance of six months from April
1 1;58, be granted which would be restricted
to :dr. iLerner, that at the end of that time
the room be locked, and that P:r. Werner would
not be allowec: to ask for a continuation of
the variance. The motion was seconded by
Councilman Robinson, and carried unanimously.
PLANNING
COMYISSION
FINAL MAP The final map of Kirst Estates No. 3 was sub-
KIRST ESTATES mitted for approval. On motion of Councilman
NO. 3 Brown, Mitchell second, the Council approved
the ^yap and authorized the Mayor to sign.
The acceptance of the streets of_'ered for
dedication is subject to improvement of the
streets to City standards before they will be
maintained by the City.
82
Minutes of April 16, 1959 c_�ntirued
R_ZO5IN't
The Planning Connission reco=,erded to the C_ty
505 W.
Council that the property at 505 '4est Kettle-
KETTLE".Ati
man Lane be rezoned from R-3 Residential to
C-2 Commercial. On motion of Councilman Brown,
Mitchell second, the Council set t'^e -atter
for p,:blic hearing on ',Tay 7, 1951, with the
provision that cash or bond be put up to cover
the cost of a fence which Mr. :Norris ,eiswia,
owner of the property, has indicated he expects
to out up along the west and north boundaries
of the lot. The cost of erecting a fence was
estimated at 0.00 a -loot.
Colr%
uilic.__ IO_iS
:.BC LICE.S_S
The following notices of applications for
transfer of Alcoholic Bevera:e Licenses were
received:
1. Or. Sale Beer and :vine fron Richard Eal'_es-
teros, 442 South 'lain Street.
2. On Sale Beer and 'wine fron Charles E
Owsley and Eva M. OwsleJ, 5 East Elm Street.
3. On Sale Beer from Herr; Peden, 15 Horth
Sacramento Street.
PARr;ING
Letter from the Lodi District Chamber of Com -
TOKENS
coerce reporting results of balloting on the
Itparkinz token's question by core-bers of the Retail
Division. The merchants voted against having
tokens.
FbNDS FOR
Letter fron Assemblyman William Biddick, Jr.,
FLOOD DAMAGE
stating that State funds would be available
for repairs for flood damage which might occur
up to July 1, 1958.
CVD LCC
Notice frog the City of 'Merced that the next
M� E 17 a
t,uarterly Meeting of the Central Valley Division
of the League of California will b= held in
Merced, on 'Thursday, April 24, 1958.
ABANDON POR.
Request from Stokely -Van Camp, Inc., that the
Y?ycLE ST.
City abandon that portion of `Taple Street w*-ich
lies west of Stockton Street and east of the
RES. OF I;�;T.
Southern Pacific Railroad and is now surrounded
r70. 2115
by Stokely -Van Camp property. On motion of
Councilman Robinson, Brown second, the Council
adopted Resolution No. 2115 setting the public
heari ng for May 21, 1958. Stokely -Van Ca*:p
is to be notified that costs of the proceedings
are to be borne by the co -pan?,.
RF?'RTS
�',F THE' CITY ._NAGER
CLAI"S
Claims in the amount of 437°,517.77 were approved
on the ^potion of Councilman Mitchell, brown second.
LODI A` ;Lr
The City ".'arager presented five deeds for property
vID:;IPTG
on the north side of Lodi Avenue between Rose
Street and Orange Avenue which are required 'or
wider_ing Lod'_ Avenue. The Cit;, Manager recom-
mended that the deeds be accepted subject to
the payment of •.:ideninR costs b7 t'e City. On
notion of Courci'_;manMitchell, Culbertson second,
the deeds were accepted under the conditions
specified.
Y _tes April '_o, 1958 co-ti._wed 2 � 3
PAR{i'.T4
No bids were received for removal of the two
DISTRIC^ :IO. '_
houses on the prooert� at the northeast corner
of Walnut Street and church Street which is
B7ILD1N,C: _.7170%:: L
to be immroved as a oarkin;: lot for Parkin;
District No. 1. The City '-anger recorrended
that the City=n=ineer be authorized to sell
or dispose of the houses. On motion of I-ouncil-
man Mitchell, Brown second, the Council author-
ized the City Engineer to negotiate the removal
of the buildings.
PARKING DIST.
The City Manager reported that specifications
and notices for t -e sale =f the Martz apart-
ment and two garages had been prepared and he
VACATION OF
recor-mended t -at the City call for bids on May
HTNES AND
o. On motion of Councilman Mitche-1, Robinson
RICFI7LD OIL
second, the City Council authorized advertisi:o
for bids on these buildings. Councilman =-rown,
Mitchell second, moved Vlat notices be given
to the tenants for vacation of the Hines apart-
ments by June 4. Motion carried, un motion
of Councilman Culbertson, Robinson second,
the Council moved that the Richfield Oil Com-
pany :;e given notice to vacate the property
at the southeast corner of Church and Pine
Streets by Septenber 15.
7?dJSED DRIVE'r._YS
The City Manager presented a report on the
unused driveways in the downtown area. On --otion
of Councilman Robinson, :;itchell second, the
matter was deferred to the meeting- of 'ay ?,
1(�5F.
SPECIAL
Mr. Glaves reported that the official report
CENSUS
on the special census conducted in March by
REPORT
the Bureau of the Census placed the population
of the City of Lodi at 20,100.
LOADIv ZONE
The County Superintendent of Schools requested
FOR PETER
that a passenger loading zone be established
PAN SCHOOL
at the northwest corner of the Boy Scoat Center
for use of t'_^_e children attending the Peter
RES. NO. 2115
Pan School at the Center. On reco7x.endation
ADOPTED
of the Director of Public Works, the City
Council established a 35 -foot white passenger
loading zone on the south side of Locust Street
adjacent to the west side of the Center build-
in=g on ;notion of Councilman Brown, Mitchell
second by adoptir. Resolution No. 2115.
SCH''hARTZ
The City Manager stated that a request had been
DR `T'",vA'
received fromFredSchwartz, owner of -e apart-
REb_'-'ST
.ent house ir^iediately south of the Mason Hos-
=ERRED
pital on South School Street, that he be granter -
BAC:: TO
an additional 12 -foot driveway, to be placed
CITY ENG'R
on the north s'de of his building At the
present time there is a driveway on the south
side of the building, which permits parking of
two cars in a car port. if the City permits
the drilrewav on the north side of the b-si1_d-
ing, an additional five cars will be able to
Dark at the rear of the apartment. The extra
driveway would eliminate t. ^e street narking
stall, but the Citi Engineer recd -mended that
the driveway be granted since it would provide
additional off-street parking. On motion of
Councilman Robinson, `'rite'hel'.. second, the Council_
referred the matter 'back to the City Engineer
with the -equest that he restudy the area with
the view of securing, one _narking stall 'between
t'e proposed driveway and 'Mason Hospital, pro-
viding part of the loadin= zone in front of the
hospital could be eli-^inated.
`284 _._ tes of or11 16, 195 cont_.... L
R/W ON S. S .CTO. The City Manager presented a deed from tce
ST. FROM ?G�:E Pacific Gas and Electric Company for a
25 x 200 foot right of way on South Sacra-
mento Street ded_cated with the understand-
ing that the City would install curb,
gutter, sidewalk, :oavin: and would bear
cost of relocating the 'ence. This property
is required for widening Of the street.
On motion of Councilman Robinson, Brown
second, the Council ann_roved acceptance
of the deed subject to the conditions out-
lined.
PUC CGOSSI:':G The City Manager stated twat the City was
PROTECTION Ft11-D entitled to 02,131.65 from the PUC Crossing
Harold A. Kundert to replace Fred _
Drown whose term would expire June 30, 1950,
Councilman James F. Cu'_'certson to reolace
Mayor Bozant Katzakian as ex officio
menber of tt".e Comnission.
Protection Fund for reimbursement on cost
RES, '10. 211;
of crossing signals at the Turner-Mills-
.:DOP.IED
Holly intersection. On notion of Council -
mar. Mitene':I, Robinson second, the Council
adopted Resolution No. 211"', authorizing
the Mayor t hake application to the Public
Utilities Con=ission for the above -entioned
su^i,
DIC:tiiOFF
y request had been received frorr! G.R.
CONTRA
Dickhoff for extension of ti�.e on constriction
EXTENDED
of the secondary clarifier at the Sewage
Disposal Plant. The e:ctension -s r.eing
requested because '4r. Dickhoff will not
receive the egi;ipment before August 1, 17-73,
and he will -feed until September u, 1958,
to complete installation. The City Engineer
and City Manager recommended that the
extension be granted. On motion of Council -
ran Culbertson; Brown second, the Council
extended the contract to September 4, 1978.
G3U_jiA N
The City Manager reported t -at he :'-ac
PRJP_RTY
received a letter from John F, Capel" stat -
PARK SITE
inz that :fir. Caoell had purchased the Good-
man property, part of which the City desired
as a par.% site, and that he was willing to
sell the City approximately fire acresat
the same price he had paid for it which was
:5,368 per acre. The City Manager suggested
that the City wait until :dr. Capell had
filed a map of the property before maling
the actual purchase. The Council concurred.
`?ayor natzakian mad:; the following appoint-
Co'^`ISSIOii
ments to the City Planning Cormission, the
Co.uicil having confirmed the apnointments
on notion of Councilman „itcnell, Robinson.
second:
Robert D. rouston to repla:e James ?,
Culbertson whose ter- woul:i expire
Jure 30, 1959.
Harold A. Kundert to replace Fred _
Drown whose term would expire June 30, 1950,
Councilman James F. Cu'_'certson to reolace
Mayor Bozant Katzakian as ex officio
menber of tt".e Comnission.
`.'.-mates
of npril 16, 195 contir_ ed �8�
B'S P,;RE
The City Manager reported that the Lodi Transit
I'_CREA B
Syste^i had not been in operation for several
days because payment on the license plates for
the bus had been in arrears. He also stated
that a request had been received from Andrew
Mehrer, owner of the system, for an increase
In adult fares from 20 to 25� and in high school
student fares from 10Y to 15s'. Mr. Claves
_
gave a short history of the bus system, report-
ing the financial difficulties encountered,
reco-nendations of a co~.mittee which had
studied the system 'n 1954, and increases in
fares that have been granted. He t,en recommended
that the present reque-- for fare increase be
approved. On *notion of Counc ilrlan "•Titchell,
Brown second, the requested increases were gran-.ed
by unanimous vote of the City Council.
SAN JOAC,':I?T
Mr. Glaves presented a revised joint resolution
AREA PLA?T`;I`1C
to form the San Joaquin Area Planning Commission.
CO"I"ISS=01
This Commission is being establis'.^ed throug:
the efforts of the Cities and County of San
RAS. ;JO. 2118
Joaauin Association and would compass the area
ADOPTED
of San Joaquin County, The City Council had
aooroved for-.ation of such a commission at its
meetin, of November 7, 1956. On "otion of
Councilman Culbertson, Robinson second, the
City Council adopted Resolution No. 2118, adopt-
ing "A Joint Resolution Establishing the San
Joaquin Area Planning CoTMriission" and the
operating contract attached thereto marked
"Exhibit A".
The me=-.ting adjourned at 11:35 p.m.
ATTEST: BEATRIC_. GARIB1-iLL'I
City Clerk