HomeMy WebLinkAboutAgenda Report - February 18, 1981 (49)LETTER RECEIVED City Clerk Reimche presented a copy of a letter
RE THE ANNEXATION written by C.M. Sullivan of Litts, Mullen et al
OF BATCH ADDITION and addressed to the Local Agency Formation
Commission advising that application is hereby
1
made pursuant to Government Code Section 56275
for reconsideration of the action taken by
LAFCO in Resolution No. 493, disapproving the
Hatch reorganization. The letter goes on to
say that"we request that the Commission at
its next meeting, delay action on this request
until some convenient time after the meeting
scheduled to explore ways to solve overcrowding
in the Lodi Unified School_ District". The
reasons for this application were listed in
_
detail.
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LITTS, MULLEN, PEROVICH, SULLIVAN & NE:WiON
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LOOI. CALWORNIA 95240
1,10QI 374 %144
February 17, 19 B 1.
Local Agency Formation Corm-Ln;;sion
of .pan Joaquin
Courthouse, Room 1.53
222 L. Weber Avenue
Stockton, California 95202
ATTENTION. Executive Officer,
Gerald F. Scott
Re: Annexation of match Addition (LAFCO 27 -BO)
Application for Amendment of Resolution pursuant to
Government Code Section 56275
Gentlemen:
Application is hereby made pursuant. to Government Code Sec-
tion 56275 for reconsideration of the action taken by I,AFCO
in ttesolution No. 493, disapproving the Datch reorganization.
we request that the Commission, at its next meeting, delay
action on this request until some convenient time after the
meeting scheduled to explore ways to solver overcrowding in
the Lodi, Unified School District. T t is my understanding
that this meeting will occur on Fe))ruary 23, 1981, The
reasons for this application are as follows:
l o The property owner, and his representatives, were
not given an opportunity to be fully heard, since the City
of v4,odi was the lead agency on the annexation proposal.
Since the property owner was not permitted to speak in re-
1°- )r11ttal, he could not meet: the Commi ssilon`s request that the
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need" for annexation 1,e shown.
I. o Nk!solllt ion No. 491, clisapp)r.ovi•nq the Ylatch reor(lani-
`,lt.jorl, ri()L; iiot. c-ontain t indinets :.ufficiem, or any f'indin='ps
what. -:1) v, r, :;ot'tir111 forth thc, for denial of the an--
r1e:.at.ion rofillo.,;t This it, p rejudiri111 to the landowner and
(.01111! of 11i!;(,rvti01).
3 Tj.1 1!"!�i011 l+'.1': 611dO! [ ,t11lj,!) 1'.' C0I1CQr1jed wi t h ti -e
1 1•'1,„t', S'.)�;l t. -0-.i ;a II t. 1 •l l do". % j c j I l ll t '1,01d have ol1 the 1'otl l
Unl I loot !!,!:t r11'I !t i:; 111:1' i'.lY f 1 oi•1 t io j)rcico(:di n1 r;
fEB 1'8 1 1
,,.z�3swn wraz.r,uN.vicwc,.aC.+aG4,5>.U. ...... ..... _._. ws�Y :. w,i�v. S-s,...,..:>-.�3..=w`46X:Y:3'.:kXE•'Ci°kik`fiC4�ik2G'iCeiiv?:a�lA'�1Ar°`lo+.,''d'."-.
held on January 16, 1981, if the loth unified School District
representatives understood the consequences of annexation of
the )Match parcel. ?Annexation would have no impact whatsoever
on the Lodi Unified School District, since the property would
not he prezoned. It would enter the City as unclassified
holding, which would permit the continuer) agricultural use of
the property. Further, it would not deprive San Joaquin
County of "prime agricultural land." The landowner has abso-
lutely no .intention of devclopinq the property and would con-
tinue to use it for artricultural production. At the time the
property is eventually developed, then the City Council of
the Cit,, of Lodi could set conditions for development in co-
operation with the Lodi Unified School District, either at: this
tentative map stale, or prior to the issuance of the building
permits.
4, The property immediately North of the patch parcel
(Kennedy -Taylor stanch) has already been annexed to the City
of Lodi, and the orderly development of this parcel of real
property will depend upon the annexation of the Batch parcel.
5. The annexation of the Mills' parcel (20 acres ap-
proximately) immediately to the East of the Batch parcel is
consistent with good planning, should have been annexed many
years ago, and will not remove prima agricultural land from
urge, nor will it have any impact on the Lodi. Unified School
District. Annexation of the Mills' property cannot, under
any theory of lair, constitute inverse condemnation,
it is, therefore, respectfully requested that thisappylica-
tion for reconsideration be tabled and that the Commission's
final action on this application In Postponer) for a period of
iii. at least tiff to 90 clays, so that the problems presently facing
F`. they C'nmminnion can he, hopefully, renolved. Thereafter, ap-
plicant pra'.' + that the Cflf:llllis5jon Qvc notice and Set the
t rafts frrr. 11;72.trin(j.
Vory t.rttly otrr!;,
f.l'[IS, I'.i IAA Ir, PVROVIC n,
i. . 11. 1.1V;:1', 1r1:e
co! . , p. .
Ccs: Mr. Robert H"Lrh
Mr. Georqu Harker
Ms, Alice Heaimche
Mr. .lames Schroeder
Mr. Michael ?sorer++