HomeMy WebLinkAboutMinutes - July 16, 1980244
CITY COUNCIL, CITY OF LODI
CITY HALL COUNCIL CHAMBERS
July 16, 1980
A regular meeting of the City Council of the City of Lodi was held
beginning at 8:00 p.m., Wednesday, July 16, 1980 in the City Hall
Council Chambers.
ROLL CALL
Present: Councilmen - Hughes, Murphy, Pinkerton,
and McCarty (Mayor Pro
Tempore)
Absent: Councilmen - Katnich (Mayor)
Also
Present: City Manager Glaves, Assistant
City Manager Glenn, Public Works
Director Ronsko, City Attorney Stein
and Community Development Director/
Deputy City Clerk James Schroeder.
INVOCATION
The invocation was given by Pastor Jim Holm -
Vinewood Community Church.
PLEDGE
Mayor Pro Tempore McCarty led the Pledge of
Allegiance to the flag.
PROCLAMATIONS
Mayor Pro Tempore McCarty presented the follow-
ing Proclamations:
a) Proclamation proclaiming "Arm Wrestling
Day", August 9, 1980
b) Proclamation proclaiming "Lodi SUNdays",
July 31 - August 2, 1980
MINUTES
On motion of Councilman Pinkerton, Hughes second,
the Minutes of June 24, 1980 were approved as
written and mailed.
PUBLIC HEARINGS Notice thereof having been published in accordance
with law and affidavit of publication being on
COMMUNITY DRIVE file in the office of the City Clerk, Mayor Pro
ABANDONMENT Tempore McCarty called for the public hearing
PUBLIC HEARING to consider the abandonment of Community Drive
CONTINUED TO from Vine Street to Cochran Road.
AUGUST 6, 1980
Inasmuch as certain pertinent information had not
been received from the proponent of this abandon-
ment, Staff recommended that the matter be
held over until the regular Council meeting of
August 6, 1980.
On motion of Councilman Pinkerton, Murphy second,
the aforementioned Public Hearing was continued
to the regular Council meeting of August 6, 1980.
The motion carried by unanimous vote.
Notice thereof having been published in accordance
with law and affidavit of publication being on
file in the office of the City Clerk, Mayor Pro
Tempore McCarty called for the public hearing to
consider the City Planning Commission's recom-
mendation that the City Council certify as
adequate the -Lake Shore Village Final Environ-
mental Impact Report.
248
Continued July 16, 1980
Assistant Planner Morimoto reviewed the summary
of the Final Environmental Impact Report
and outlined the comments received from the follow -
stated agencies: Office of Planning and Research;
Air Resources Board; California Department of
Transportation; Solid Wastes Management Board;
and Department of Food and Agriculture.
it
The City Attorney reminded the Council that the
EIR was an informational document and that a
project could have unavoidable impacts which
could not be mitigated.
A general discussion followed concerning the
project, timing on utility extension and the
extension of Century Boulevard.
The following persons were present and spoke in
favor of certifying the Final Environmental Impact
Report:
I. Mr. Douglas A. Unruh, c/o Grupe Communities,
Inc., 2291 West March Lane, Stockton, Califor-
nia. He described the project and stated
that the City Council had previously approved
using the man-made lake for storm water
retention until it could be pumped to
Beckman Park -Basin.
He stated that the Homeowners Association
would be responsible for the Maintenance
of the lake and other recreation facilities. ;
He said has company had formed 25 such asso-
ciations with much success. t
Mr. Unruh said that his company wanted to aid
in solving the problem of over -crowding in
the Lodi Unified School District, but felt
it should be a combined effort amongst all
concerned parties and not on an individual
developer. He said that members of his
firm had been in contact with LUSD staff
persons and reviewed the proposal of using
assessment districts for school needs.
Mr. Unruh stated that that type of financing
might constitute double taxation for the
future property owner.
The proponent reviewed the proposed commercial -
professional portion of the project and
answered questions from Council members.
LAKE SHORE
The following persons were present and spoke in
VILLAGE
opposition to certifying the Final Environmental
E.I.R.
Impact Report:
CERTIFIED AS
ADEQUATE
1. Mrs. Ann Johnson - 1132 Golden Oaks Way,
Stockton, California. She stated as a mem-
ber of the Board of Trustees of the Lodi
Unified School District, she was concerned
about additional growth in the District
without first solving the problem of over-
crowding in the schools.
She reviewed the problem with the School
District's "Bedroom Tax" and asked the
D A
Continued July 16, 1980
Council to refuse certification until the
District had a signed agreement with the
Developer concerning the provision of
additional classroom space.
As there was no one else wishing to be heard
on this matter, Vice -Mayor McCarty declared the
public portion of the hearing closed.
After further discussion on mot -ion of Councilman
Hughes, Pinkerton second, the Council certified
the Final Environmental Impact Report of Lake
Shore Village as adequate. The motion passed
three to one with Councilman Murphy voting "no"
because of the impact on Lodi Unified School Dist-
rict.
The City Attorney presented the findings as
approved and recommended by the Planning
Commission.
On motion of Councilman Pinkerton, Hughes second,
the City Council adopted the following findings
as a portion of the approval of the Final Environ-
mental Impact Report for Lake Shore Village:
1. that the adverse impact of the loss of
agricultural land is overridden by the
following considerations:
- the area has been designated for urban
development in the Lodi General Plan;
- all urban growth areas around Lodi are
prime agricultural land;
- there is sufficient need for this type
of development to warrant the loss of
this agricultural land.
2. that Kettleman Lane (Highway 12)and Mills
Avenue adequately meet the traffic demands
generated by this project.
3. that the impact of increased vehicle emis-
sions will not significantly affect the
overall air quality of the Lodi region.
4. that the impact of noise on residences built
adjacent to Kettleman Lane will be miti-
gated by structural sound -proofing or site
design.
5. that the impact of the addition of school -
aged children on the L.U.S.D. will be
mitigated by the developer through the
payment of certain fees to the school district.
GENERAL PLAN LAND
Notice thereof having been published in accordance
USE ELEMENT
with law and affidavit of publication being on
AMENDMENT
file in the office of the City Clerk, Mayor
NO. GP -LU -80.-2
Pro Tempore McCarty called for the public hearing
to consider the recommended approval of the
General Plan Land -Use Element Amendment No.
-
GP -LU -80-2, which includes (a) redesignating
the southwest corner of Almond Drive and South
Cherokee Lane as Medium Density Residential
250
Continued July 16, 1980
and (b) redesignating portions of the proposed
Lake Shore village Subdivision which is located
on the south side of West Kettleman Lane (State
Route 12) west of the Woodbridge Irrigation
District right-of-way as Commercial and Medium
Density Residential.
Vice Mayor McCarty stated that comments would
be received on item (a) at this time.
The Community Development Director introduced
the matter and reviewed the Planning Commission's
recommendations:
The following persons were present and spoke in
favor of approving the first portion of the
General Plan Amendment:
Mr. Richard Young, 1200 Mt. Diablo Boulevard,
Suite 311, Walnut Creek, California.- He stated
that the project had been redesigned to
encompass the Planning Commission's con-
ditions and to keep any residential units
a minimum of 80 feet from the existing
single-family homes. He said that the units
would be two bedroom - two bath designed
for adults. He felt that to lower the
density from the 16.5 per acre as recommended
by the Commission would require the construc-
tion of larger units which would attract
families with children.
Mr. Young pointed out that the subject
property was a former pitch and putt golf
course and that the site was not suitable for
a standard single-family development.
2. Mr. Don Thompson, Attorney at Law, 1150
West Center Street, Manteca, California -
He stated that he represented Lodi Associates
and that his client would hold the City
harmless if for some reason the Southeast
Lodi Final Environmental Impact Report
was to cause legal problems.
Mr. Thompson reminded the Council that by
increasing residential density, more
agricultural land was preserved.
The following persons were present and spoke in
opposition to approving the first portion of the
General Plan Amendment:
1. Mr. Barbara Lea, 4266 Almond Drive, Lodi -
She stated that with her neighbors she had
opposed a density increase on their parcel
two years ago. She said the opposition
was based on inadequate utilities and an
increase in traffic.
It was pointed out to Mrs. Lea that the
existing and proposed utilities would be
more than adequate and that the major
collector street system was designed to
carry the traffic.
Mrs. Lea concluded her remarks by stating
that this project should be reduced to the
55 units presently permitted by the General
Plan and the amendment denied.
-4-
2i1
Continued July 16, 1980
2. Mrs. Ann Johnson, 1132 Golden Oaks Way,
Stockton, California - She stated that she
represented the Lodi Unified School District
Board of Trustees and this project was catagori-
cally opposed because it would add children
to the schools without providing adequate
funding for classrooms.
3. Mrs. Mildred Bleak, 4330 Almond Drive, Lodi -
She stated that she operated.a home for re-
tarded children on Almond Drive and that
she was concerned about the children's
safety as more traffic occurs on the street.
As there was no one else wishing to be heard,
Vice -Mayor McCarty closed this portion of the
hearing to the floor.
Vice -Mayor McCarty stated that comments would be
heard on portion (b) of the General Plan Amend-
ment at this time.
The following persons were present and spoke
in favor of granting this portion of the General
Plan Amendment:
1. Mr. Douglas Unruh, c/o Grupe Communities,
2291 West March Lanz, Stockton, California -
He described the project and stated it would
take 5 years to complete.
As there was no one else to be heard, Vice -Mayor
McCarty closed the entire public hearing to the
floor.
After discussion on motion of Councilman Hughes,
Pinkerton second, Council introduced an Ordinance
amending the General Plan -Land Use Element by
(a) redesignating the Southwest corner of Almond
Drive and South Cherokee Lane as Medium Density
Residential and (b) redesignating portions of
the proposed Lake Shore Village Subdivision as
Commercial and Medium Density Residential.
The Ordinances failed introduction by a vote
of two to two with Councilman Murphy and
Vice -Mayor McCarty voting "no".
City Attorney Stein stated that the following
public hearings could not be conducted because
of the failure of the General Plan Amendment:
Consider the recommended approval of the
request of Lodi Associates by Robert C.
Evans and R.H. Young to rezone the 5.64
acre parcel at the southwest corner of Almond
Drive and South Cherokee Lane from U -H,
Unclassified Holding to P -D (20), (Planned
Development District No. 20)
Consider the City Planning Commission's
recommended approval of the request of Grupe
Development Company to prezone the area
encompassed by Lake Shore Village on the
South Side of West Kettleman Lane (State
Route 12) west of the Woodbridge Irrigation
District right-of-way to P -D (21), Planned
Development District No. 21 to provide for
Single -Family Residential, Multiple Family
Residential, Office Institutional and Commer-
252
Continued July 16, 1980
Consider the recommended approval of the
General Plan -Land Use Element Amendment No.
GP -LU -80-2, which includes (a) redesig-
nating the southwest corner of Almond Drive
and South Cherokee Lane as Medium Density
Residential and (b) redesignating portions
of the proposed Lake Shore Village Subdivision
which is located on the south side of West
Kettleman Lane (State Route 12) west of the
Woodbridge Irrigation District right-of-way
as Commercial and Medium Density Residential.
Consider the recommended approval of the
request of Lodi Associates by Robert C.
Evans and R.H. Young to rezone the 5.64
acre parcel at the southwest corner of Almond
Drive and South Cherokee Lane from U -H, Unclassi-
fied Holding to P -D (20), (Planned Develop-
ment District No. 20).
3. Consider the City Planning Commission's
recommended approval of the request of
Grupe Development Company to prezone the
area encompassed by Lake Shore Village on
the South Side of West Kettleman Lane
(State Route 12) west of the Woodbridge
Irrigation District right-of-way to P -D
(21), Planned Development District No. 21
to provide for Single -Family Residential,
Multiple Family Residential, Office Institu-
tional and Commercial uses.
The City Attorney stated the Council could
(1) reset the items for future consideration;
(2) consider separate motions on the portions of
the General Plan Amendment or (3) take no further
action.
The following persons offered Comments:
cial uses
STOCKTON REQUEST
Due to the lateness of the hour, Vice -Mayor
COUNTY
McCarty stated that he would deviate from the
RECREATION FUNDS
regular Agenda procedure so that the Council
could hear from County Supervisor George Barber
G. BARBER
concerning the City of Stockton's request for
County funds for certain recreational programs.
Supervisor Barber described the procedure for
allocating these funds amongst the cities and
stated that the Board of Supervisoes order
recommending the apportionment was permissive
and not mandatory. He said that Lodi did not
have to give the funds to Stockton under the
Board's order.
After discussion it was moved by Councilman
Pinkerton, Hughes second,and unanimously passed
that the Council deny the City of Stockton's
request for County funds for certain recreational
programs.
RECESS
Vice -Mayor McCarty declared a recess at 10:50
p.m. The meeting reconvened at 11:05 p.m.
RECONSIDER
Based on a comment by Councilman Murphy, the
PUBLIC
Vice -Mayor asked the City Attorney to outline
HEARING
the alternatives available to the Council on
the following items:
Consider the recommended approval of the
General Plan -Land Use Element Amendment No.
GP -LU -80-2, which includes (a) redesig-
nating the southwest corner of Almond Drive
and South Cherokee Lane as Medium Density
Residential and (b) redesignating portions
of the proposed Lake Shore Village Subdivision
which is located on the south side of West
Kettleman Lane (State Route 12) west of the
Woodbridge Irrigation District right-of-way
as Commercial and Medium Density Residential.
Consider the recommended approval of the
request of Lodi Associates by Robert C.
Evans and R.H. Young to rezone the 5.64
acre parcel at the southwest corner of Almond
Drive and South Cherokee Lane from U -H, Unclassi-
fied Holding to P -D (20), (Planned Develop-
ment District No. 20).
3. Consider the City Planning Commission's
recommended approval of the request of
Grupe Development Company to prezone the
area encompassed by Lake Shore Village on
the South Side of West Kettleman Lane
(State Route 12) west of the Woodbridge
Irrigation District right-of-way to P -D
(21), Planned Development District No. 21
to provide for Single -Family Residential,
Multiple Family Residential, Office Institu-
tional and Commercial uses.
The City Attorney stated the Council could
(1) reset the items for future consideration;
(2) consider separate motions on the portions of
the General Plan Amendment or (3) take no further
action.
The following persons offered Comments:
Continued July 16, 1980
1. Mr. Don Thompson - He felt the two General
Plan items should be separated and stated
his clients preferred that procedure.
2. Mr. Douglas Unruh - He said he did not know
of any specific concerns with the Lake
Shore Village and asked for reconsideration
at the next Council Meeting of August 6,
1980.
Councilman Pinkerton moved, Hughes second, that
the three items listed above be reconsidered at
Public Hearing at 8:00 p.m., Wednesday, August
6, 1980. The motion failed by a two to two vote
with Councilman Murphy and Vice -Mayor McCarty
voting "no".
Mr. Richard Young, c/o Lodi Associates stated
that he and his associates had been carrying
the Almond -Cherokee project for seven or
eight months and any further delay would be a
disaster. He asked the Council to vote on that
portion of the General Plan Amendment and he
would take his chances on passage or failure.
After discussion and review with the City
Attorney, Councilman Pinkerton moved, Hughes
second that a subsequent Ordinance approving
General Plan -Land Use Element Amendment No.
GP -LU -80-2 include the redesignation of the
southwest corner of Almond Drive and South
Cherokee Lane as Medium Density Residential.
The motion passed unanimously.
Councilman Pinkerton moved, Hughes second that
a subsequent Ordinance approving General Plan -
Land Use Element Amendment No. GU -LU -80-2
include the redesignation of portions of the
proposed Lake Shore Village Subdivision which
is located on the south side of West Kettleman
Lane (State Route 12) west of the Woodbridge
Irrigation District right-of-way as Commercial and
Medium Density Residential. The motion failed
by a two to two vote with Councilman Murphy and
Vice -Mayor McCarty voting "no".
Councilman Pinkerton moved, Murphy second,
that the City Council reconsider the following
items at its Regular Session of Wednesday,
August 6, 1980 at 8:00 p.m.
1. that portion of the recommended General Plan -
Land Use Element Amendment No. GP -LU -80-2
redesignating portions of the proposed Lake
Shore Village Subdivision which is located
on the south side of West Kettleman Lane
(State Route 12) west of the Woodbridge
Irrigation District right-of-way as Commerical
and Medium Density Residential.
recommend approval of the request of Lodi
Associates by Robert C. Evans and R.H. Young
to rezone the 5.64•acre parcel at the south-
west corner of Almond Drive and South
Cherokee Lane from U -H, Unclassified Holding
to P -D (20), (Planned Development District
No. 20)
3. the City Planning Commission's recommended
approval of the request of Grupe Development
Company to prezone the area encompassed
by Lake Shore Village on the South Side of
�54
Continued July 16, 1980
REPORTS OF
THE CITY
MANAGER
CONSENT In accordance with report and recommendation
CALENDAR of the City Manager, the following actions
hereby set forth between asterisks, on motion of
Councilman Pinkerton, Murphy second, were approved
by the City Council.
CLAIMS CLAIMS WERE APPROVED IN THE AMOUNT OF $1,329,229.61.
ACCEPTED Council was apprised that the improvements in
IMPROVEMENTS Temple Baptist Development have been completed
TEMPLE BAPTIST in substantial conformance with the require -
CHURCH ments of the Development Agreement between the
City of Lodi and Temple Baptist Church, dated
RES. NO. 80-90 June 15, 1979 and as specifically set forth in
the plans and specifications approved by the
City Council.
On recommendation of City Manager Glaves, Council
adopted the following Resolution No. 80-90.
RESOLUTION NO. 80-90
RESOLUTION ACCEPTING THE DEVELOPMENT IMPROVEMENTS
AND STREETS INCLUDED IN THE TEMPLE BAPTIST
DEVELOPMENT
Council was informed that Slurry Sealing of City
of the Woodbridge Irrigation District
right-of-way to P -D (21), Planned Development
District No. 21 to provide for Single -
Family Residential, Multiple Family Residen-
tial, Office Institutional and Commercial
uses
COMMUNICATIONS
CITY BID FOR
Deputy City Clerk Schroeder apprised the
SECTION 8
Council of a letter which had been received from
HOUSING
Congressman Norman Shumway acknowledging the
_
City of Lodi's desire to seek authorization of
a Section 8 Housing Program. Coungressman
Shumway advises that he has contacted HUD offi-
cials in Washington stating his support for the
City bid.
OLD LODI
The Council was in receipt of a letter from the
HIGH SCHOOL
Committee planning the 10th Class Reunion of
CAMPUS
the Lodi High School Class of 1971 asking permis-
sion to use the Old Lodi High School Campus on
CLASS - 1971
Hutchins Street for the class reunion in July
1981.
Mr. David Wright, 842 Wightman Drive, Lodi,
was present and stated the committee needed an
answer because other facilities were already being
booked for next year and the Committee must select
and alternative site if the campus is not available.
After discussion Councilman Pinkerton moved,
Hughes second that the Lodi
High Class of 1971 be permitted to use the Old
Lodi High School Campus on South Hutchins
Street for its class reunion in July 1981,
with the details to be worked out later with the
City Manager.
REPORTS OF
THE CITY
MANAGER
CONSENT In accordance with report and recommendation
CALENDAR of the City Manager, the following actions
hereby set forth between asterisks, on motion of
Councilman Pinkerton, Murphy second, were approved
by the City Council.
CLAIMS CLAIMS WERE APPROVED IN THE AMOUNT OF $1,329,229.61.
ACCEPTED Council was apprised that the improvements in
IMPROVEMENTS Temple Baptist Development have been completed
TEMPLE BAPTIST in substantial conformance with the require -
CHURCH ments of the Development Agreement between the
City of Lodi and Temple Baptist Church, dated
RES. NO. 80-90 June 15, 1979 and as specifically set forth in
the plans and specifications approved by the
City Council.
On recommendation of City Manager Glaves, Council
adopted the following Resolution No. 80-90.
RESOLUTION NO. 80-90
RESOLUTION ACCEPTING THE DEVELOPMENT IMPROVEMENTS
AND STREETS INCLUDED IN THE TEMPLE BAPTIST
DEVELOPMENT
Council was informed that Slurry Sealing of City
25f -
Continued July 16, 1980
CLASS II streets is done by contract. Approval of the
SLURRY SEAL specifications would provide for sealing of
SPECS approximately 60% of the streets proposed for
APPRVD. slurry sealing in the 1980-81
fiscal year. The remaining 40% of the streets
would be slurry sealed in 1980,and the alleys
- affected by the construction of Downtown
Underground V.
COUNCIL APPROVED THE SPECIFICATIONS FOR CLASS
II SLURRY SEAL AND AUTHORIZED THE PURCHASING
AGENT TO ADVERTISE FOR BIDS THEREON.
APPROVAL OF Council was informed that Robert R. and Paul C.
DEVELOPMENT Wondries, the developers of 1700 S. Cherokee
AGREEMENT Lane have furnished the City with the improve -
1700 S. CHEROKEE ment plans as well as the necessary agreements,
LANE bonds and development fees for their proposed
development. The development is the vacant
parcel on the east side of South Cherokee Lane
immediately north of Croce's Restaurant.
COUNCIL APPROVED THE IMPROVEMENT PLANS AND THE
IMPROVEMENT SECURITIES FOR THE DEVELOPMENT LOCATED
AT 1700 S. CHEROKEE LANE, LODI, AND DIRECTED
THE CITY MANAGER AND CITY CLERK TO EXECUTE THE
DEVELOPMENT AGREEMENT ON BEHALF OF THE CITY.
ARCO contented that it cannot justify the expendi-
ture of these amounts of money unless they can
be guaranteed that they will be allowed to use
the facilities, as is, for a minimum of 10h years
in order to amortize their investment. This
was a guarantee that staff could not make.
The following persons were present and reviewed
ARCO's position:
1. Mr. Earl Stewart, 119 Clooney Drive, Sacra-
mento, California
2. Mr. Richard Schmitz, 300 W. Glen Oaks,
Glendale, California
After a lengthy discussion and with the common
RELIEF OF
The Public Works Director explained that Atlan-
CITY
tic Richfield (i.e. ARCO) has submitted plans for
REQUIREMENTS
the conversion of its service station at West
Kettleman and South Hutchins Street to a Mini -
501 W.
Mart, with an estimated expenditure of $39,000.
KETTLEMAN LN. -
The property is not owned by ARCO.
ARCO
In conformance with City policies and ordinances,
they were informed that it would be necessary
to dedicate 5 feet on Hutchins Street and 4'h
feet on Kettleman Lane, together with a corner
cut off for a larger radius. They were sent
copies of the applicable ordinances, and a sketch
showing the "worst condition" based on that
information, together with an estimated widening
date of five years.
ARCO contented that it cannot justify the expendi-
ture of these amounts of money unless they can
be guaranteed that they will be allowed to use
the facilities, as is, for a minimum of 10h years
in order to amortize their investment. This
was a guarantee that staff could not make.
The following persons were present and reviewed
ARCO's position:
1. Mr. Earl Stewart, 119 Clooney Drive, Sacra-
mento, California
2. Mr. Richard Schmitz, 300 W. Glen Oaks,
Glendale, California
After a lengthy discussion and with the common
256
Continued July 16, 1980
RES. APPROVING City Manager Glaves apprised the Council that the
NCPA SHELL
consent of the Council members, Vice -Mayor
MEMBER
McCarty directed that this matter be returned
AGREEMENT
to Atlantic Richfield because the Council could
AMENDMENT RE
not allow the conditions proposed by the appli-
PLUMAN-SIERRA
cant.
LODI LAKE
The City Manager presented the Plans and Specifica- --
PARK SHELTER
tions for the proposed Lodi Lake Park Shelter
BUILDING
Building. He stated that this structure had
PLANS AND
been approved in the 1980-81 Capital Improvement
SPECIFICATIONS
Budget with an estimated expenditure of $18,000.
Councilman Hughes stated that he never quite
understood why a shade structure was needed with
all of the trees already providing shade.
Vice -Mayor McCarty felt the money might be better
spent at the Old Lodi High School Campus -
the future Community Center.
Councilman Pinkerton moved, Murphy second that
the Council disapprove the plans and specifica-
tions of the Lodi Lake Park Shelter Building and
ordered work discontinued on the project.
RES. APPROVING
City Manager Glaves apprised the Council that
NCPA SHELL
the City had previously authorized the execution
MEMBER AGREEMENT
of an "Amended and Restated Member Agreement for
AMENDMENT RE
the Construction Operation, and Financing of
CITY OF BIGGS
NCPA Geothermal Generating Unit No. 2 Project" as
WITHDRAWAL
one of the participating members. The City of
Biggs, which is also a participating member
RES. NO. 80-87
in this project now desires to transfer its rights
in the project to other participating members.
Following discussion, on motion of Councilman
Hughes, Murphy second, Council adopted Resolution
No. 80-87 - Resolution approving'Northern Calif-
ornia Power Agency Shell Member Agreement Amend-
ment Relative to the City of Biggs Withdrawal".
The motion carried by unanimous vote of all those
present.
RES. APPROVING City Manager Glaves apprised the Council that the
NCPA SHELL
Administrator of REA was not willing to approve
MEMBER
Plumas-Sierra participation in the Shell project
AGREEMENT
without a modification of certain provisions of
AMENDMENT RE
the Shell Member Agreement. A proposed resolu-
PLUMAN-SIERRA
tion as approved by the Development Fund and the
PARTICIPATION
NCPA Executive Committee of NCPA was presented
for Council's perusal. The resolution provides
RES. NO. 80-88
for a one paragraph addition to the Shell Member
Agreement which provides the NCPA Commission
or Executive Committee with a certain amount of
leeway which may be necessary to satisfy the
Administrator if certain changes in the language
are subsequently required. Finally the reso-
lution provides that if it is not possible to
satisfy the REA Administrator within an appropriate
amount of time, the interest of Plumas-Sierra
in the project could be redistributed in accordance
with the procedures used in the case of the City
of Biggs. Council was further apprised that NCPA
had been advised by Legal Counsel that passage of
this resolution related to the Shell Member Agree-
ment is not subject to referendum.
Following discussion, with questions being directed
to Staff, Council, on motion of Councilman Hughes,
Pinkerton second, adopted Resolution No. 80-88 -
Resolution Relative to Plumas.-Sierra Participation.
The motion carried by unanimous vote of all Council-
257
Continued July 16, 1980
AGENDA ITEM Agenda item "k" - "Participation in NIMLO
RE PARTICI- Federal Wage and Hour Interpretation Litigation
PATION IN Trust" was introduced by City Attorney Stein..
NIMLO Because of the lateness of the hour, on motion
FEDERAL WAGE AND of Councilman Murphy, Hughes second, Council
HOUR INTERPRETA- continued the matter to the regular City Council
TION meeting of August 6, 1980.
LITIGATION
TRUST CONTINUED
TO AUGUST 6,
1980
DIAL -A -RIDE The Assistant City Manager reviewed a letter
of May 13, 1980 from the City Cab Company asking
for a fare increase and an increase in the
City's participation in Dial -A -Ride for elderly
and handicapped. He outlined the complete
proposal.
Councilman Pinkerton stated that the hour was
too late for elderly or handicapped people to
be in the audience and suggested continuation.
Councilman Murphy moved, Pinkerton second, that
the taxi company rate increase and the Dial -A -
Ride discussion be continued to the regular
session of August 6, 1980 with a discussion at an
early morning work session before that meeting.
ADJOURNMENT As there was no further business to be brought
before the City Council, Vice -Mayor McCarty
adjourned the session at 1:07 a.m., Thursday,
July 17, 1980.
Attest:
J ES B. SCHROEDER
17 UTY CITY CLERK
-11-
men present.
AGREEMENT
A proposed Agreement between NCPA and its members
BETWEEN
for reimbursement of the Calaveras Project Costs
NCPA AND ITS
was presented for Council's perusal. Provisions
MEMBERS FOR
of the Agreement were highlighted for the Council
REIMBURSEMENT OF
by City Manager Glaves.
CALAVERAS
PROJECT COSTS
Following discussion with questions being directed
APPROVED
to Staff, Council, on motion of Councilman
Hughes, Pinkerton second, adopted Resolution No.
RES. NO. 80-89
80-89 - Resolution Approving Agreement Between NCPA
and its Members for Reimbursement of Calaveras
r
Project Costs and authorizing the Mayor and City
Clerk to execute the Agreement on behalf of
the City.
AGENDA ITEM Agenda item "k" - "Participation in NIMLO
RE PARTICI- Federal Wage and Hour Interpretation Litigation
PATION IN Trust" was introduced by City Attorney Stein..
NIMLO Because of the lateness of the hour, on motion
FEDERAL WAGE AND of Councilman Murphy, Hughes second, Council
HOUR INTERPRETA- continued the matter to the regular City Council
TION meeting of August 6, 1980.
LITIGATION
TRUST CONTINUED
TO AUGUST 6,
1980
DIAL -A -RIDE The Assistant City Manager reviewed a letter
of May 13, 1980 from the City Cab Company asking
for a fare increase and an increase in the
City's participation in Dial -A -Ride for elderly
and handicapped. He outlined the complete
proposal.
Councilman Pinkerton stated that the hour was
too late for elderly or handicapped people to
be in the audience and suggested continuation.
Councilman Murphy moved, Pinkerton second, that
the taxi company rate increase and the Dial -A -
Ride discussion be continued to the regular
session of August 6, 1980 with a discussion at an
early morning work session before that meeting.
ADJOURNMENT As there was no further business to be brought
before the City Council, Vice -Mayor McCarty
adjourned the session at 1:07 a.m., Thursday,
July 17, 1980.
Attest:
J ES B. SCHROEDER
17 UTY CITY CLERK
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