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