The URL can be used to link to this page

Home My WebLink AboutMinutes - June 30, 1998 SS177 CITY OF LODI INFORMAL INFORMATIONAL MEETING "SHIRTSLEEVE" SESSION CARNEGIE FORUM, 305 WEST PINE STREET TUESDAY, JUNE 30,1998 An Informal Informational Meeting ("Shirtsleeve" Session) of the Lodi City Council was held Tuesday, June 30, 1998 commencing at 7:00 a.m. ROLL CALL Present: Council Members - Johnson, Land, Pennino and Sieglock (Mayor) Absent: Council Members - Mann Also Present: City Manager Flynn, Deputy City Manager Keeter, Economic Development Coordinator Goehring, Public Works Director Prima, Community Development Director Bartlam, Finance Director McAthie, Human Resources Director Narloch, City Attorney Hays and City Clerk Reimche Present in the audience was a representative of the Lodi News Sentinel. TOPIC(S) 1. Update on the Activities of the Year 2000 Steering Committee 2. Closed Session - 7:25 a.m. a) Conference with labor negotiator. Government Code §54957.6. Agency negotiator, Joanne Narloch. Employee organization, Lodi Police Dispatchers Association (LPDA) b) Conference with labor negotiator. Government Code §54957.6. Agency negotiator, Joanne Narloch. Employee organization, San Joaquin Public Employees Association (SJPEA) for Maintenance and Operators There was no need to discuss this matter. c) Conference with labor negotiator. Government Code §54957.6. Agency negotiator, Joanne Narloch. Employee organization, San Joaquin County Public Employees Association (SJPEA) for General Services There was no need to discuss this matter. d) Conference with labor negotiator. Human Resources Director, Joanne Narloch, regarding United Firefighters of Lodi (UFL) pursuant to Government Code §54957.6 There was no need to discuss this matter. e) Conference with legal counsel: Anticipated litigation - Initiation of litigation pursuant to subdivision (c) of §54956.9. One case. 3. Return to Open Session / Disclosure of Action There was no final action taken in these matters 4. Comments by the public on non -agenda items a) On introduction of Council Member Johnson, the City Manager was requested to look at the recent actions of the Calaveras Board of Supervisors whereby they approved the acquisition of the Kentucky House Spur Line. It was pointed out that if the acquisition does not take place, this property will revert back to the adjacent property owners. The City Manager was asked to look into the Calaveras County Board of Supervisors' request that the City of Lodi join with them in this action and what ramifications this would have as it pertains to liability, etc. I *Ib Continued June 30, 1998 ADJOURNMENT No action was taken by the City Council. The meeting was adjourned at approximately 8:40 a.m. ATTEST: Alice M. Rei the City Clerk COUNTY OF CALA VERAS Spmcsr B. &=hel&r- June 30, 1998 J. E. Matza, Sr. Manager, Real Estate union Pacific Railroad Company Real Estate Department 1800 Farnam Street Omaha, NE 69102 Via Fax: (402) 997-36601 Re: Kentucky House Branch Dear Messrs. Matza and Sullivan: 179 OFFICE OF COUNTY COUNSEL bawd F Sinus AZWOW Cotoity CO"rfti Janis I- FAaft Dep.ey Cw—y C«., -r Gerard Sullivan,, General Attorney Union Pacific Railroad Cotapany 1416 Dodge Street, Suite 330 Omaha, NE 68179-0001 Via Fax: (402) 271-5610 At its meeting of June 29, 1998, the Calaveras County Board of Supervisors passed the following Minute Order: The Board of Supervisors hereby expresses its desire to accept the Kentucky House Spur Line Right -of -Way located in Calaveras and San Joaquin Counties: a. Excepting therefrom any portions which the Board of Supervisors determines to be not necessary or des--r- able to retain; b. Further excepting any portions which are to be retained by Union ?acific Railroad Company; C. Subject to further confirmation and approval by the Board of Supervisors of additional terms, conditions and circumstances, including but not limited to the following proposals: 1. Rails and fixtures pertinent to the opera- tion of a railroad not be.removed, if pos- sible (for a period of two years from the date of transfer), if a viable economic use be presented to Union Pacific; C rrmr. e+�t csgxr • 891 dfo.o.tsin r2s�eeJr Rami • S..A.draw% C.Wornia 91249.9,09 • TeZgbone ,1209) 714-4J14- f c (207) n443l6 JU 4-30-1998 12:3? 209-757467,16 P. 02 J. E. Matza, Sr. Manager, Real Estate Gerard Sullivan, General Attorney Union Pacific Railroad Company June 30, 1998 Page 2 2. An agreement can be reached as to an envi- ronmental release and respective rights and responsibilities; 3. That the language of the C C s R be inter- preted if not modified to allow a use as a transportation coxridor that is not tied to a particular technology. By way of explanation of some of the above items, I of Ler my inter- pretation o= the intent of the Board. First, as to paragraph (a), there may be some properties which have clear reversionary rights, or there may be properties which the Board of Supervisors would not wish to accept for other reasons, and the Board would like to make it clear that there may be properties which may be determined to be unacceptable. IL would seem in that case that the Railroad could quitclaim directly to the underlying or 4 - adjacent property owners, or could quitclaim to the County and the County could quitclaim to those property owners. As to paragraph (c), that was made primarily in response to M:. Sullivan's comment that there may be other conditions i.-zposed as other Union Facific departments review the proposed transaction, and there may be some circa.-nstances which the Board is not yet aware of weigh it would like to consider in the future. Turning to paragraph (c)(1), the Board has received unverified tes- tinony that there are commercial interests that have been negoti- ating with Union Pacific for the use of the railroad o- which are interested in otherwise acquiring and operating a rail service. The Board Wanted to express that it is open to any discussions that would be mutually beneficial to Union Pacific, the County and any proposed operator. As to paragraph (c)(2), the Board is naturally cautious about a com-' plate environmental release. We would like to see a copy of the proposed release. z hope that you can understand that as a Small County (35,000 population, under $16,000,000.00 discretionary budget), the Board cannot afford to take pctentially serious envi- ronnental risks. JUN -30-1996 12:38 2097546316 P.03 181 J. E. Matza, Sr. Manager, Real Estate Gerard Sullivan, General Attorney Union Pacific Railroad Company June 30, 1998 Page 3 Finally, as to paragraph (c)(3), the proposed quitclaim deed imposes C C & R for use as a railroad or railroad purposes only. My Board would also like to be able to use the property for other transporta- tion purposes not necessarily tied directly to a particu-1ar tech- nology. So, Z would like to discuss this with you Further. Basically, it has been a 4-1 vote of the Board of Supervisors that it is necessary and desirable to retain this right -o= -way for suture transportation uses. Nevertheless, the Board must be cautious in proceeding. Therefore, we sincerely hope that you will treat this co^respordence as sufficient evidence of our intent to acquire the right-of-way and an opportunity to discuss some of the firer details. look forward to your earliest favorable response. Sincerely, SP &CER B. BATCHELDER COUNTY COUNSEL SBB/jek cc (by mail and fax): Senator Patrick Johnston Board of Supervisors, County of San Joaquin Citv Council, City of Lodi JUN -32-1998 12:39 2097T48316 P.04