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Home My WebLink AboutAgenda Report - February 4, 1981 (37)U MEMORANDUM, CITY OF LODI, Community Development Department TO: CITY MANAGER FROM- COMMUNITY DEVELOPMENT DIRECTOR DATE- JANUARY 26, 1 g8 1 SUBJECT: BATCH REORGANIZATION DENIAL INTRODUCTION. At the last City Council meeting Councilman James McCarty asked our office to prepare a report concerning the denial of the Batch Reorganization (i.e. Annexation) by the Local Agency Formation Commission (LAFCO). At the meeting we indicated that the minutes of the LAFCO hearing would also be available for Council perusal. however, LAFCO Executive Officer, Jerry Scott, indicates that the Minutes would not reveal all of the statements. He has provided the City Clerk with t;)e tapes of the session, if a Councilman or other persons wishes to review them. HEARING DATA. Although the motion for denial contains no findings, a number of statements were made by LAFCO members which the City Council may wish to hear. Even though the area west of Lower Sacramento. Road has been shown for development on the General Plan since 1962 and four annexations (i.e. Mom Addition - October, 1966; Towne Addition - June, 1972; Temple Baptist Church Addition - August, 1976; and Kennedy -Taylor - September, 1978) have previously been approved by LAFCO in that area, certain commission members felt that that major thoroughfare was a natural western boundary for the City of Lodi. One LAFCO member stated that no annexations to Lodi should be approved until after the electorate had an opportunity to vote on one or both of the growth initiatives presently being circulated in the City. Although it was stated by both City Staff and the applicant's attorney that there was no development proposed for the Batch property at present, LAFCO members were concerned that the City was not doing enough to alleviate the over' -crowding being faced by the Lodi Unified School District. As the Council is aware, the Batch Reorganization contained both the Robert Batch property west of Lower Sacramento Road and the Martha Hills property east of the road. The Mills property was being forced into the City in accordance with LAFCO policy and past actions of that agency. LAFCO member Wilhort stated that he felt the forcing of property into a city was uncon- stitutional. 2. PERSON SPEAKING ilk OPPOSITION. 1. Air, Wilbert Ruhl, Rural Land Owners Association 3933 Cast Almond Drive, Lodi 2, Mrs. Ann Johnson, Lodi unified School District 815 lest Lockeford Street Lodi 3. Mr. Michael Machado, Peoples Organization for Land Preservation Linden, CA 4. Dr. Doris Marenco, 605 No Madison Stockton, CA 5. Mr. Mills, Attorney at Law for his Mother Mrs. Martha Mills 2401 West Lodi Avenue, Lodi COUNTY COURTHOUSE. ROOM IS3 ° 222 EAST WEDER AVRNUE STOCKTON. CALIFORNIA 95202 PHONE: 209/944.919 .January 20, 1981 Lodi City Council C/o City Cleric 221. W. fine Lodi, CA 9524.0 EXECUTIVE 04rFICER GERALD F. SCOTT LROAL COUNf@It. MICHAEL MCGRXW DHPUYY COUMYY C0VNR8L COMMII98I01e M&MRB 148 $5040914T A. CAMCLIN1. CNAIR44AN TRACT CIV• COUNCILMAW D*VOLASS W. WILMOIT. V*e6R CMAIpiOAYa 9NF8 EI70YWte? BIIPBAVISOR 610"9 L. @A*92W 6TN 11I$taiO4 $Vpel1V1"A HADWL0 W. M96AOH 6VWLIO MRM®Rk Al NO" 1. RUR BTOCIiTON CITY COUNCILMAN OVANLRV NCM'MN*M, ALT811NATR ►U4LIR L949498R JACK C. RNYo4a, ALT9R64AT8 mANT8CA CITY COVMCILMAN MIC14ARD U. V09MIKAWA. ALTBWMATH 167 V18TWiCT 9UNIAWMOR Ret Resolution leo. 493 Disapproving the Batch Reorganization (LAFC 27-80) Including Annexation to the City of Lodi and Detachment From the Woodbridge Rural County Fire Protection District and the Woodbridge Water Users Conservation District® Gentlemen: We hereby transmit a certified copy of this Commission's Resolution No. 493 disapproving the above entitled proposal and directing the City of Lodi to abandon all farther proceedings. Very truly yours, 44, ALD F. Off' Executive Officer GFSttp cc: Board of Supervisors c/o Clerk of the Board Woodbridge Rural County Fire Protection District Woodbridge :dater Users Conservation District County Surveyor County Assessor Robert, Batch James Schroeder Lodi Unified School. District Woodbridge irrigation District. RESOLUTION NO. 493 BEFORE THE LOCAL AGENCY FORMATION COMMISSION OF SAN JOAQUIN COUNTY RESOLUTION DISAPPROVING THE BATCH REORGANIZATION (%AFC 27®80) INCLUDING ANNEXATION TO THE CITY OF LODI AND DETACHMENT FROM THE W ODBRIDGE RURAL. COUNTY FIRS PROTECTION DIS'T'RICT AND THE WOODBRIDGE WATER USERS CONSERVATION DISTRICT. WHEREAS, --the above entitled proposal was initiated by resolution of the City of Lodi, and on December 17, 1980, the Executive Officer certified the application filed for processing in accordance with the District Reorganization Act-, and, WHEREAS, the Commission held a public hearing on the proposed reorganization on January 16, 1981, 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 Cor=ission 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 an opportunity to hear and be heard in respect to any matter relating to said proposal; NOV, THEREFORE, the Local Agency Formation Commission of San Joaquin County_ DOES HEREBY RESOLVE, DETERMINE, AND ORDER as follows: Section 1. The proposed Batch Reorganization is hereby disapproved and all further proceeding are to be abandoned. Section 2. The Executive Officer is hereby authorized and directed to wail and file certified copies of this resolution as required by Section 56272 of the Government Code. PASSED AND ADOPTED this 16th day of January, 1980, by the following vote of the Local Agency Formation Commission of San Joaquin County, to reit. AYES: Commisaiouers Barber, N4eison, :tue, Wilhoit and Cancliri NOES: None THE FORVOING IS A CO .'ECF COPY 0. THE 01111,1.1.01 FI .-: 11 M S OFF,CE o ' GE A>'rU F. SCOTT 9ha=rnm,,nEXICUIIVEOFF.CER ROBERT A> CANCLrNI, � Local Agency Formation Commission By. �i nL(�t rp of San Joaquin County COMMISSION CLERK nate: I -U - F/ MEMORANDUM, CITY OF LOD1, Community Development Department TO- CITY MANAGER FROM: COMMUNITY DEVELOPMENT DIRECTOR DATE- JANUARY 26, 1981 SUBJECT. BATCH REORGANIZATION DENIAL INTRODUCTION. At the last City Council meeting Councilman James McCarty as_ed au_r____oTftce to prepare a report concerning the dental of the Batch Reorganization (i.e. Annexation) by the Local Agency Formation Commission (LAFCO). At the meeting we indicated that the minutes of the LAFCO hearing would also be available for Council perusal. However, LAFCO Executive Officer, Jerry Scott, indicates that the Minutes would not reveal all of the statements. He has provided the City Clerk with the tapes of the session, if a Councilman or other persons wishes to review them. HEARING DATA. Although the motion for denial contains no findings, a number of statements were made by LAFCO members which the City Council may wish to hear. Even though the area west of Lower Sacramento Road has been shown for development on the General Plan since 1962 and four annexations (i.e. Hom Addition - October, 1966; Towne Addition - June, 1972; Temple Baptist Church Addition - August, 1976; and Kennedy -Taylor September, 1978) have previously been approved by LAFCO in that area, certain commission members felt that that major thoroughfare was a natural western boundary for the City of Leldi. One LAFCO member stated that no annexations to Lodi should be approved until after the electorate had an opportunity to vote on one or both of the growth inl'tiatives presently being circulated in the City. Although it was stated by both City Staff and the applicantts attorney that there was no development proposed for the Batch property at present, LAFC® members were concerned that the City was not doing enough to alleviate the over --crowding being faced by the Lodi Unified School District® As the Council is aware, the Batch Reorganization contained both the Robert Batch property west of Lower Sacramento Road and the Martha Mills property east of the road. The Pulls property was being forced into the City to . accordance with LAFCO policy and past actions of that agency. LAFCO member Wiihort stated that he felt the forcing of property into a city was uncon- stitutional. o- . PERSON SPEAKING IN OPPOSITION. 1, Mr. Wilbert Ruhl, Rural Land Owners Association 3933 East Almond Drive, Lodi 2. Mrs. Ann Johnson., Lodi Unified School District 815 West Lockeford Street Lodi 3. Mr. Michael Machado, Peoples Organization for Land Preservation Linden, CA . Ar. Doris Marenco, 605 N. Madison Stoekton, CA 5. lore Mills, Attorney at Law for his Mother Mrs. Martha Mills 2401 West Lodi Avenue, Lodi E