Loading...
HomeMy WebLinkAboutAgenda Report - January 16, 1985 (72)I. If the City is correct that the subject matter of such an election is only an amendment to its General Plan, then why is the landowner restricted to only one election per year? By law a landowner is otherwise provided the right to petition for a change to the General Plan designation four times a year. Will landowners who are not within the Green Belt area be similarly affected? T.f not, what is the underlying justification for creating two classes of landowners for purposes of General Plan amendments? 2. Will all Measure A elections be held at one time, or may they be spread throughout the year? In short, LIFE believes that no limitation upon the yearly number of elections should be imposed. To do so would be detrimental to the economic growth of Lodi. Veer truly yours, LIFE O R11TIME s/Steven A. Hertim" Council discussion followed with questions being directed to Mr. Schroeder and t'`lr. Stein. RES, 1U. 85-08 On motion of Couici1 Member Olson, Hinchman second, Council adopted Resolution No. 85-08 establishing a policy regarding the nLyd)er of Measure A elections to be held within the City of Lodi within a twelve month period whereby no measure pertaining toIMeasure A can be voted upon more often than once a year as detennined by the Lodi City Council. The nxition carried by a unanimous vote. C. . t llllNC'IL NEEr \7 r• - :'ter � -' JP1;fUARy 16, 29$5 POLICY ESTAB- Agenda Item K-2 - "Establish a policy regarding number of LISHED RLGARDING Measure A elections to be held within a twelve month period" TI IE N[11UER OF was introduced by Community Development Director Schroeder N EASURE A and City Attorney Stein. ELECT IQNS TO BE MUD jVITIiIN A Zhe following letter which had been received from Steven A. Zi1UIVE Mam Herum, Attorney -at -lav representing the LIFE OCNAII= was PERIM presented for Council's perusal: "This office represents Lodians in Favor of Free Enterprise (LIFE). Without in any way waiving our legal opinion that Lodi's Green Belt Initiative ordinance is invalid, we wish to conment on the proposal to limit a landowner's right to petition for election to once a year. I. If the City is correct that the subject matter of such an election is only an amendment to its General Plan, then why is the landowner restricted to only one election per year? By law a landowner is otherwise provided the right to petition for a change to the General Plan designation four times a year. Will landowners who are not within the Green Belt area be similarly affected? T.f not, what is the underlying justification for creating two classes of landowners for purposes of General Plan amendments? 2. Will all Measure A elections be held at one time, or may they be spread throughout the year? In short, LIFE believes that no limitation upon the yearly number of elections should be imposed. To do so would be detrimental to the economic growth of Lodi. Veer truly yours, LIFE O R11TIME s/Steven A. Hertim" Council discussion followed with questions being directed to Mr. Schroeder and t'`lr. Stein. RES, 1U. 85-08 On motion of Couici1 Member Olson, Hinchman second, Council adopted Resolution No. 85-08 establishing a policy regarding the nLyd)er of Measure A elections to be held within the City of Lodi within a twelve month period whereby no measure pertaining toIMeasure A can be voted upon more often than once a year as detennined by the Lodi City Council. The nxition carried by a unanimous vote. FOJNOEO A$ ASHLEY 6 NEUMILLER JANUARY 1903 r STEVEN A. HEIZU'4 Neumiller & Beardslee A PROFESSIONAL CORPOPATION ATTORNEYS.AND COUNSELORS ,FIFTH FLOOR WATERFRONT OFFiCE TOWER II 509 WEST. WEBER AVENUE STOCKTON, CALIFORNIA 95202 December 18, 1984 HONORABLE CITY COUNCIL City of Lodi City Hall Lodi, California 95240 Members of the Council: MA�I,�NC• ADORE S�--i: 1'O O­AWER 20 sro';Y,TON, CAL-I&RNIA %--01-99./a ga6-920o 52530-0921.1 This office represents Lodians In Favor of Free Enterprise (LIFE). Without in any way waiving our legal opinion that Lodi's Green Belt Initiative ordinance is invalid, we wish to comment on the proposal to limit a land- owner's right to petition for election to once a year. 1. If the City is correct that the subject matter of such an election. is only an amendment to its General Plan, then why is the landowner restricted to only one election per year? By law a landowner is otherwise provided the right to petition for a change to the General Plan designation four t=-mes a year. Will landowners who are not within the Green Belt area be similarly affected? If not, what is the underlying justification for creating two classes of landowners for purposes of General Plan amendments? 2. Will all Measure A elections be held at one time, or may they be spread throughout the year? In short, LIFE believes that no limitation upon the yearly number of elections should -be imposed. To do so would be detrimental to the economic growth of Lodi. Very truly yours, LIFE COMiMITTEE I � STEVEN A. HERUM SAH/sd cc: A. Frederic Baker, Esq. CITY COUNCIL JOHN R. (Randy) SNIDER, Mayor DAVID M. HINCHMAN Mayor Pro Tempore EVELYN M. OLSON JAMES W. PINKERTON, Ir. FRED M.REID CITE" OF LOTD-"I CITY HALL, 221 WEST PINE STREET POST OFFICE BOX 320 LODI, CALIFORNIA 95241 (209) 334-5634 February 5,1985 Mr. Steve A. Herum Attorney at Law Neumiller & Beardslee Fifth Floor Waterfront Office Tower II 509 West Weber Avenue Stockton, CA 95202 HENRY A. CLAVES. Ir. City Manager ALICE M. REIMCHE City Clerk RONALD M. STEIN City Attorney Dear Mr. Herum: Please be advised that your December 18, 1984 letter was presented to the Lodi City Council for consideration at its regular meeting of January 15, 1985. The Council, following a staff report and deliberation, adopted Resolution No. 85-08 establishing a city policy that no measure pertaining to Measure A (The Green Belt Initiative) can be voted upon more often than once a year as determined by the Lodi City Council. A certified copy of the subject resolution is attached. Should you have any questions, please do not hesitate to call. Very truly yours, Alice M. Reimche City Clerk AMR: jj Enc. a. RESOLUTION NO. 35-08 IVHEREAS, the electorate on August 25, 1981 adopted Measure "A", the Green Belt Initiative; and WHEREAS, said initiative removed certain areas from the Land Use Element of the Lodi General Plan; and WHEREAS, those areas so removed can only be added to the Land Use Element, either in whole or in part by subsequent vote of the electorate. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lodi does hereby establish a policy whereby no measure pertaining to Measure 10 All can be brought to a vote of the electorate more often than once a year as determined by the Lodi City Council. Dated: January 16, 1985 I hereby certify that Resolution No. 85-08 was passed and adopted by the City Council of the City of Lodi in a regular meeting held January 16, 1985 by the following vote: Ayes: Council Members - Pinkerton, Hinchman, Olson, Reid, & Snider (Mayor) Noes: Courici 1 !Members - None Absent: Council Members - None Alice M. Reimche City Clerk 85-08