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Home My WebLink AboutAgenda Report - October 4, 1989 (57)C 0 U N C I f_ CO MMU Pi ICA TI ON TO: THE CITY COUNCIL COUNCIL MEETING DATE FROM: THE CITY MANAGER'S OFFICE OCTOBER 4, 1989 SUBJECT: WHITE aaGi NO. 5 (NON-CONTIGUOUS) ANNEXATION TO THE CITY OF LODI, 12751 NORTH THORNTON ROAD, LODI RECOMMENDED ACTION: That the City Council adopt Resolution No. 89-142 - A Resolution of the Lodi City Council Ordering the White Slough No. 5 _ (Non -Contiguous) Annexation to the City of Lodi Without Notice and Hearing. (See Exhibit C attached). The White Slough No. 5 annexation application was filed with the Local Agency Formation Commission by submittal of Resolution No. 89-86 adopted July 19, 1989 proposing to annex 270.4 acres of non-contiguous, City -owned property. The territory is a portion of the City's White Slough Water Pollution Control Facility located on both sides of the 1-5 freeway, one mile south of State Highway 12, about five miles west of Lodi. State law allows a city to annex non-contiguous territory provided that it is owned by the City and is used for municipal purposes. Although there is a 300 acre limit for most uses, a recent change allows for annexation of unlimited acreage if the property is used for wastewater treatment or disposal. t The City of Lodi's White Slough Water Pollution Control Facility encompasses about 1246.4 acres. Most of the site is used for disposal of wastewater through spray irrigation. The City has previously annexed 976 acres which includes the treatment plant. This proposal would annex the remainder of the qualifying property. The proposed annexation includes territory in both the Woodbridge Fire District and the Delta Fire District. Because of the distance from Lodi, it is proposed that the property remain in the Districts for fire protection. The purpose of the annexation is to allow City jurisdiction over the City -owned property and to allow the property to be removed from the property tax roll. No special districts would be significantly affected by the annexation. Following a public hearing regarding the matter held on September 15, 1989 before the Local Agency Formation Comnission, the Local Agency Formation Commission of San Joaquin County determined and ordered the following: Secti,1 1. The White Slough No. 5 (non-contiguous) annexation is approved subject to certain terms and conditions. COUNCIL COMMUNICATION OCTOBER 4, 1989 Page Two Section 2. The boundaries are approved as set forth in Exhibit A, attached. Section 3. The territory proposer to be annexed is uninhab ted. Section 4. The territory is owned by the City of Lodi, is being used for wastewater treatment or disposal. Section 5. The City of Lodi is designated as the conducting agency and is authorized to complete proceedings for non-contiguous annexation without notice and hearing in accordance with Section 57002(b) of the Government Code. Attached is a copy of Resolution 764 of the Local Agency Formation Commission of San Joaquin County - Resolution approving the White Slough No. 5 (non-contiguous) annexation to the City of Lodi (LAFC 19-89) (Exhibit B). Also attached i s a diagram of the subject area. CCWHSLU/TXTA.OIV V �� Alice M Reimche City Clerk ts�ic. RESOLUTION NO. 89-142 A RESOLUTION OF THE LODI CITi COUNCIL ORDERING THE IHITE SLOUGH NO. 5 (NON-CONTIGUOUS) AHNEXAT ON TO THE CITY OF LODI WITHOUT NOTICE AND HEARING IN THE MATTER OF ANNEXATION TO THE CITY OF LODI RESOLUTION MAKING DETERMINATIONS AND ORDERING ANNEXATION WITHOUT NOTICE AND HEARING Section 1. RESOLVED, BY THE CITY COUNCIL OF THE CITY OF LODI that i t determines : a) Preliminary proceedings for the annexation of certain described non-contiguous, City -owned territory to the City of Lodi were initiated by the filing of Resolution Na 89-86 with the Local Agency Formation Commission in the County of San Joaquin, pursuant to the requirements of the Municipal Organization Act. b) Thereafter, appropriate proceedings were conducted by said Local Agency Formation Commission and said Commission on September 15, 1989, adopted a resoluticn approving the proposed annexation, subject to certain conditions. Resolution No. 764 of the Local Agency Formation Commi ss ion approving the proposed annexation-- also authorized the City of Lodi to take proceedings . for annexation as the designated conducting agency fin accordance with Section 57002(b) of the Governmt,at..CW6. �4 SectBE IT FIRTHEf2 RESOLVED, BY Tlf CITY COUNGL OF THE CITY LODI. a) That the proposal for annexation is ORDERED in accordance with Section 57002(b) of the Government Code of the State of Cal if o r n i a. 1. White Slough No. 5 (non-contiguous) Annexation to the City of Lodi. 2. A description of said territory is attached hereto E and made a part hereof, as though set out i n full. d. , Dated: October 4, 1989 I hereby certify that Resolution No. 89-142 was passed and adopted by the City Council of the City of Lodi in a regular meeting held October 4, 1989 by the following vote: Ayes : Council Members - Hoes : Council Members - Absent: Council Members - Alice M. Reimche City Clerk } j - - t :. 1 .x44 :ey^•',^,�, ::,.tom•- �•i... 89-142 3 € RES89142/TXTA.01V 4 f. EXHIBIT A August 23, 1989 WHITE SLOUGH NO. 5 ANNEXATION TO THE CITY OF LODI San Joaquin County, California A portion of the north half of Section 25, T.3N., R.5E., M.D.B. & M., and a portion of the north half of Section 30, T.3N., R.oE., M.D.B. & M., more particularly described as follows: Beginning at the northeast corner of said Section 25, said corner being on the southwesterly line of Thornton Road, and also ueing the ,southwest corner of that certain 139.6 acre parcel of land annexed to the City of Lodi as PARCEL 2 of "WRITE SLOUGH NO. 4 ANNEXATION" by Resolution No. 87-125; thence leaving the Lodi City Limits line and running along said southwesterly line of Thornton Road, S. 50°22153" E., 4210.35 feet to a point on the south line of the north half of said Section 30; thence along the south line of the north half or' said Sections 25 and 30, N. 89°25' 52" W., 5743.89 feet to the easterly line of Interstate Highway Route No. 5, as said easterly line is described in deed to the State or California, recorded in Volume 3455, Page 428, Book of Official Records of San Joaquin County; thence along said Highway easterly line the following four (4) courses: (1) N. 13°40'35" W., 89.02 feet, (2) N. 13021129" W., 2000.00 feet, (3) N. 11°33154" Wt., 305.04 feet, ana (4) N. 17°38' 06" W., 349.98 feet to the southwest corner of said PARCEL 2 OF "WHITE SLOUGH NO. 4 ANNEXATION" thence along the Lodi City Limits line S. 89°22152" E., 3150.23 feet to the point of beginning. Containing 270.4 acres, more or less. mrRcw►L as to Man eta oe Chid Oe;aty.Ccoati SWMW ApP[t m m2 CoaM Stt►r V I 9M273SC1 BEFORE THE LOCAL AGENCY FORMATION COMMISSION OF SAN JOAQUIN COUNTY RESOLUTION APPROVING THE WHITS SLOUGH NO. 5 ANNEXATION TO THE CITY OF NODI (LAFC 19-89) WHEREAS, the above entitled proposal was initiated b.• resolution of the City of Lodi, and on August 8, 1989, the Executive Officer certified the application filed for processing in accordance with the special provisions of the Local Government Reorganization Act regarding annexation of non-contiguous city-ohned territory: an2, WHEREAS, the Commission held a public hearing on the propose8 annexation on September 15, 1989, in the Board of Supervisors Chambers, County Courthouse, pursuant to notice of hearing which was published, posted and mailed in accordance with State Law; and , WHEREAS, at said hearing the Commission heard and received evidence, both oral and documentary, submitted in favor of and in opposition to the proposed annexation and all persons present were given r, op?ortunity to heard; NOW, THEREFORE, the Local Agency Formation Commission of San Joaquin County DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows: Section, 1. The above named annexation is approved subject to the terms and conditions contained herein. Section 2. The boundaries are approved asset forth in Exhibit A. Section 3. The territory proposed to be annexed is uninhabited. Section 4. The territory is owned by the City of Lodi, is being used for wastewater treatment or disposal. Section 5. The City of Lodi is designated as the conducting agency and is authorized to complete proceedings for noncontiguous annexation without notice and hearing in accordance with Section 57002(b) of the Government Code. RESOLUTION NO. 764 ice 2 Section 6. The Executive Officer is hereby authorized and directed to mail certified copies of this resolution as required by Section 56853 of the Government Code. PASSED AND ADOPTED this 15th day of September, 1989, by the following vote of the Local Agency Formation Commission of San Joaquin County to wit: AYES: Commissioners Coale, Ennis, Simas, Wilhoit, and Nelson NOES: None HAROLD R. NE ON, Chairman Local Agency Formation Commission of San Joaquin County WHITE SLOUGHCIT-.'OF L O —1 NO. 5 ANNEXATION I"FbTHE CITY OF LODI PUBLIC WORKS 3�aARTAr;�:'�i:✓ 4T �1f RIO BLANCO TRACT y I f LA I ST / t E CITY OF Lodi wKTE SL.OUGm %fes . WATER POLLUTION CONTROL PLANT ear y • A� 270.4 AC.. 1,,o Io. � T3NRG E ` o`' � o` �•• MdBlai/ •• PT_ OF BECG (-� OEVRIES RQ r IN S r O w (� I� n A'i Sca/e Dr• J�' No. 1 Det• 1 Approved OT � � I Do" ►relit Ker\e Director Def* t t I R C 2 9 Ll RESOLUTION NO. 764 F r F\ : !ice t BEFORE THE LOCAL AGENCY FORMATION COMMISSION OF SAN JOAQUIN COUNTY RESOLUTION APPROVING THE .`;ITE SLOUG` NO. 5 ANNEXATION TO _.... CITY OF LODI (LAFC 19-89) WHEREAS, the above entitled proposal was initiated by resolution of the City of Lodi, and on August 8, 1989, the Executive Officer certified the application filed for processing in accordance with the special provisions of the Local Government Reorganization Act regarding annexation of non-contiguous city -owned territory; and, WHEREAS, the Commission held a public hearing on the proposed annexation on September 15, 1989, in the Board of Supervisors Chambers, County Courthouse, pursuant to notice of hearing which was published, posted and mailed in accordance with State Law; and, s . WHEREAS, at said hearing the Commission heard and received i -evidence, both oral and documentary, submitted in favor of and.. j in opposition to the proposed annexation and all persons present :ere given ?.n opportunity to heard; NOW, THEREFORE, the Local Agency Formation Commission of San, Joaquin County DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows.: i Section 1. The above named annexation is approved subject 'to the terms and conditions contained herein. W, Section 2. The boundaries are approved as -set forth in Exhibit Section 4. The territory is owned by the City of Lodi, is being used for wastewater treatment or disposal. Section 5. The City of Lodi is designated as the conducting agency and is authorized to complete proceedings for noncontiguous annexation without notice and hearing in accordance with Section 57002(b) of the Government Coae. RESOLUTION NO. 764 page Section 6. The Executive Officer is hereby authorized and directed to mail certified copies of this resolution as required by Section 56853 of the Government Code. PASSED AND ADOPTED this 15th day of September, 1989, by the following vote of the Local Agency Formation Commission of San Joaquin County to wit: AYES: Commissioners Coale, Ennis, Simas, wilhoit, and Nelson NOES: None TN" FORMING IS A CORRECT COW OF f11E ORIGINAL 0.1 FILE IN TH,S OFFICE GERALD F. SCOTT EXECUTIVE OFFICER 7�CaMMISSIQN CLE--/ R V rate: �.�:: �.�' -- • r. ! . , A QT';' COUNCIL JOHNR. (Randy) SNIDER. Mayor DAVID M.HINCHMAN Mayor Pro Tempore EVELYN M.OLSON JAMES W. PINKERTON, Jr. FRED M. REID CITY OF LODI CITY HALL. 221 VV ST PINE STREET CALL BOX 3006 LOCI, CALIFORNIA 95241-1910 (209) 334-5634 TELECOPIER :(209) 333.6795 October 9, 1989 M4 Gerald F. Scott Executive Officer LocalA envy Formation Commission Coun courthouse, Ram 153 222 East Weber Avenue Stockton, CA 95202 THOMAS A Pt T ERSON City Manager ALICE M. REIMCHE City Clerk BOB McNATT City Attorney Subject: White Slough No. 5 (Non-contiguous) Annexation to the City of Lodi (LAFC 19-89) Dear M Scott: Pursuant to the Commission's Resolution 764 the todi City Council, in action taken at its October 4, 1989 regular Council meeting adopted x Resolution No. 89-142 ordering the White Slough No. 5 (Non-contiguous) Annexation to the City of Lodi without notice and hearing. The City of Lodi issued and filed herewith, pursuant to your September 19, 1989 letter, a check in the amount of $480.00 payable to the State Board of Equalization covering the filing fee. W would request that you execute and file a certification of completion and statement of boundary change in this matter. Also enclosed herewith please find six certified copies of the heretofore mentioned Resolution Na 89-142. _ >: Should you have any questions, please do not hesitate to call this office. Very truly yours, Alice M. Reimche City Clerk AMR/jmp Enclosure RESOLUTION NO. 89-142 A RESOLUTION OF THE LODI CITY COUNCIL ORDERING THE WHITE SLOUGH NO. 5 (NON-CONTIGUOUS) ANNEXATION TO THE CITY OF LODI WITHOUT NOTICE AND HEARING IN THE MATTER OF ) RESOLUTION MAKING DETERMINATIONS ANNEXATION TO THE ) AND ORDERING ANNEXATION WITHOUT CITY OF LODI ) NOTICE AND HEARING Section 1. RESOLVED, BY THE CITY COUNCIL OF THE CITY OF LODI that i t determines: a) Preliminary proceedings for the annexation of certain described non-contiguous, City -owned territory to the City of Lodi were initiated by the filing of Resolution No. 89-86 with the Local Agency Formation Commission in the County of San Joaquin, pursuant to the requirements of the Municipal Organization Act. b) Thereafter, appropriate proceedings were conducted by said Local Agency Formation Commission and said Commission on September 15, 1989, adopted a resolution approving the proposed annexation, subject to certain conditions. € c) Resolution No. 764 of -the Local Agency Formation Commission approving the proposed annexation also , authorized the City of Lodi to take proceedings for annexation as the designated conducting agency in accordance with Section 51002(b) of the Government Code. Section 2. BE IT RRTHER RESOLVED, BY THE CITY COUNCIL OF THE CITY LU D a) That the proposal for annexation i s ORDERED in accordance with Section 57002(b) of the Government Code of the State of California. i 1. White Slough No. 5 (non-contiguous) Annexdtion to the City of Lodi. 2. A description of said territory is attached hereto and made a part hereof, as though set out i n full. Dated: October 4, 1989 I hereby certify that Resolution No. 89-142 was passed and adopted by the City Council of the City of Lodi in a regular meeting held October 4, 1989 by the fol l owi tag vote: Ayes: Council Members - Olson, Pinkerton, Reid and Snider (Mayor) Noes: Council Members - None Absent: Council Members - Hinchman d&V 7h - &tot& Alice M. Reimche city Clerk 89-142 RES89142/TXTA.02J