HomeMy WebLinkAboutAgenda Report - May 20, 1981 (54)Continued May 20, 1981
SPECIAL ELECTION City Clerk Remche aper -sed the Council that on
ORDERED TO May 5, 1981, she received Sn tiative Petitions
VOTE ON LODI bearing approximately 4,.000 signatures. Pursuant
GREEN BELT to Elections CodeSection370-6 and 4009, from her
INITIATIVE prima facie examination of the petitions, she
-determined that the number of signatures equals
-RES. NO. 81-54 or is in, excess of the minimum number -of signatures
required which is- 2,585 (not less than 15% of the
registered voters according to the County Clerk's
official report to the Secretary of State at the
time the Notice of Intent was published).
The petitions have been examined by the County
Clerk's office and from the records of registration,
it has been determined that the petitions have
been signed by the requisite number of voters.
According to the City Clerk, pursuant to Elections
Code Section 4030, the legislative body shall either:
a) Introduce the Ordinance without altera-
tion at the regular meeting.at which
it is presented and adopt the ordinance
within 10 days after it is presented or
b) Immediately order a Special Election
to be held not less. than. 94 or more than
109 days -after the`date.of the order,. at
which the Ordinance without alteration
shall. -be submitted to a. vote of the
voters of the City.
Urging the Council to adopt the Ordinance without
alteration was Ms. Beryl Georguson, 2223 Cochran
Rd., Lodi. Urging the Council to order a Special
Election pursuant to the Elections Code was
Mr -.'Rod Rosa, 1620 Brandywine Court, Lodi.
t
Following the presentations by Ms. Georguson,
and Mr. Rosa, Council, on motion of Councilman
Katnich, Pinkerton second, adopted Resolution
No. 81-54 ordering a Special Election to be 4
held not less than 94 or more than 109 days
from the date of this meeting, at which time,
the Ordinance (Lodi Green Belt Initiative)
shall be submitted to a vote of the voters of
the City. r
ME-WORAN DUM
TO: City Council
FROM: James A. McCarty, Mayor
SUBJECT: Green Belt Initiative
With your concurrence, I propose to allocate a time
of -S minutes or less to one- spokesman.for- and one
against the Green Belt Initiative.
I trust that there may be a number -of speakers -:on
the issue, but in respect to our regular business
agenda, I suggest the aforementioned limit.
I further propose that if the issue finds its way
to the political arena, which may lead to spirited
debate, said meetings be conducted in areas other
than the City Council Chambers.
Your sentiments this issae� aYeo�bte: 1ltl`t����
ayor
JM:dg
UNCI COAIA'�t3NIG�T
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BIT
�C011Ci1 a ; DATE £' NO.
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may 15 1981.
Heli [:reran Rial f. TnItis t ive
Plerass be: advised that on May 5, 1981., the City Clerk received Initiative
Petitions,`a sample of which is attached, bearingapproximateiy 4,000 signatures.
Pursuant to Elections Code Section 3706 and 4009, from, my,prima _,facie examkination
of,tbe petition, I: determined that the number of signatures -equals or, is in excess
of the minimum number of signatures required which is 2.-585 (Not less than -151
ai-the 7rogistered voters- according to the County Clerk's official report --to: the
Secretar- of State at'the time the Notice of intent was publish").
The -petition has been. examined by the County Clerk's office and -from -the records
of registration,it has been determined that the petition has been signed by the
-requisite number of voters.
Pursuant -to Elections Code Section 4010, the legislative body shall -either.%
a) Introduce the Ordinance without alteration at the regularr meeting
at which it is presented and adopt the ordinance within 10,days.after-_it
is presented or
b =Rediate y order a Special Election #o be _bold not -less -Uhan -9W .
-more than 109 days after the date of the order, at, which the ice -without
alteration shall be submitted to a vote of the voters of the City.
ALICE M. REIMCHE
City Clerk
y;;s:
_ LOtii Green Bel�Tni�iativau Mtn
O� kTR
ED6Y rrrE TiVE PROCESS t0 rRESERVE PRiMc TURAL LAND BY DESIGNATINGD bV A GREEN BEfEA AND PROCEDURES TO ENSURE ROWITL
TO THE CRY OOUNCL OF THE CITY OF LC)M STATE OF CALIFORNIA:
We. the undersigned. qualified velem of Sw City of Lodi. hereby. propose a City Ordnance and petition the City Councif to pass this
ordinance without alteration, or be submitted b a vote of the people of the 'Qty of Lodi: t
td"be the policy of the City of Lod to protect and in the Green Bett area in order to preserve and protect og6whurat land. preserve
scenic value d the area.pro wildlife habitat and natural resources and to protect the small city character t Lodi.
2 The Green Belt area shag be resiprwted as the area between the outer Wits of the incorporated city and be outer limits of the adopted E
Where of kouence at the adoption of this ordnance
I To affect be policy of the city d Lodi b protect land in the Green Belt arm non4 griarttural development in the City of Lod which Res
to the Grow Bet area shalt be permitted only after a findntg by the City Council oatsuch �Qr'icutturat development win not
Interfere with the continued productive use d <x�
agrircal land in the Green Ben area or that an adequate Duffer or mitigation zone exists
b aaisum continued pmlucWe use of aaricxrlturat and in the Green Bek area.
4. At be timne of admemn at oft ordrta xxk the Grow am area shall be removed from the existing Land Use Element of the General
Pan offt aty of
S. Before land in the Greed M* area can be anaiexed by the City it Lodi. an amendment to the qty's Land Use Element of the Genwat
Pian must be made artdMmovedby Arm*ft d thepeopievoting Ina citywide election., t
a Before annexation propoed can be to City Council must make the finding that the proposed annexation is contiguous
b ercistRrtp bouxdaries-and cite demand from the proposed develop 10-16 in oto area to be anrmted will clot exceed the
s+ervbeWweis udl eaard services. theschool diskiet. ander roadways.
7. Water, newer, and min cbicat Yat bur expended or exleodedu nus Hte City Council makes Vte kxft that a proposed
expansion or extension Is eanaisw*vA ltttogods. policiesand WW use designations of the General Pan and this i.:dnance.
bvo a tl0i of Lad
an erne b In City � scheduled of the Generatelections pj�, in the qty for tfte purpose of eltovving voteis
d any portion of alts ordinance is hereafter deWirminad to be kwaV4 all remaining portions of this ordinance shall remain in force
and effect artd b this extent the povaions of this ordrtstmeare separable.
uvickd1va de la ?o=•Ag**1a de Lodi
tM ORDMWA AWKADA P)t EL.PROCESO 94OA71YO PARA PRESEWAR LA TiERRA AGRICO A PRINCIPAL POR'
DESiGNAR LA TIFRRA IN LINA AREA DF LA ZONA AGRKX)LA ESfABLECER PROCEDUENTOS PARA ASEGURAR EL
DESARROLLO ORDEMADO.
LAGEN E DE LACRXM DE LODkESIADO DE CAUFORNLk ORDMM LO SIGUIENTE:
AN" In re0a d a cbdad de Lod d proteger Is tiers an a area de la Zona Agricola Para Preserver Y pmteger a Berra
preserver p de a Area. proteger a habitscion de Is fauna y bs rocursos naturales. Y Pare PM1� d
equw* do Lodi.
2 la Area cadet aZona /lpriooa sera�ads cormo a area entre los *dies exteriores de la caudad hcorporada y de los unites
exboolres de In ester- adoptada de a at adopter este adertartza..
& Para akcW In reon de In eluded de Lod de pmteger Is tieerra an a area de la Zona Agricola, el desarrono, quo no sea agr al
ext a chided de Lad quo eotA at ado de a area de a to Awboia se pemdtira sdamente desputes qua hdague is Mersa del
qua W desarrollo no agricuMmal no se Interporga con at use produc&m conthuo de is tiers agrkoa on Is Iona Agricola o qua
Una zona rrtitipadora adecuada exbta para asegurar use productivo drftw de Berra agricultural on Is Area de a Zona Agricola
4. AIadopter este ordart um. Is urea de la Zona AWfiva' se quhairs del existenta Elemento del Uno do Tierra del Plan General de la
i ckrdad d Loa.
5 Antea que a tterra an Is ,area de a Zornrt Agr%oa puede ser armuWa por a ckK%d de L:od. bene quo hacem uns awnienda
01 El d U do Tierra del Plant General de a caudad y liens qw ser apobada por In mayorts de a pent* quo vote on una
' a Antes quo aralquier _ro_mws n de anexion puede ser a Mesa del Consejo de la caudad tiara quo resolver que •A snexl6n
propuesta as 1 c�ntiqua a bo IkNtes d a ckxlad qua e�i y a demartda ppraoyy tam del desarrolb propuesb an la area para ser
armada no seri an exoeso de a capacbed de servicio de as utilidadeo y servk mmunicipales. of dislrito escolar. y cemkm existentes.
7. Fadlidades def ague. del aibanai a electricided no seran exlert I I i haste quo a Mesa ds Consejo resuefvat quo Una evens"
propuesta na consistence can los ob�ecnvos. reglas y desgnaciones Peri of uao de tiers dei Part General y same adenanza.
a La ekadad d Lod puede terser ekocfortsa an conjunb con ob e%ccbnes propyectWn on a ckdad poi eI propoeito d dejar
a loavowntes expresser nus opiniones sobre as ertrrtiwWas al Ba enb de Uso de is terra def Plan General de la Ciudad.
4r dac werza plena 9Wta " p ues Prov ordenanWza soarn sopa qua n de saki adenania
SIGNER: PLEASE FILL iN ALL INFORMATION BY HAND IN INK. THIS COLUMN
Use qtly ball point pens. Do not use felt tip pens. No ditto marks. NQ abbreviation FOR OFFICIAL
e M &86 s1 f ri• a USE ONLY
ALL SI NERS 9F THIS.PETRiON MUST BE REGISTERED IN -SAN JOAQUIN COUNTY.
G G
Asnio+p Aoo�w4r�tiErlEor►b « rwo
I, Alice M. Reimche, City Clerk of the City of Lodi, California do hereby -certify: =
That the LODI GREEN BELT INITIATIVE was filed with this,office on May 5, 1981.
That -said petition -consists of 133 sections;
That following examination by the City Clerk and the Registrar of Voter/County Clerk
of the County of -San Joaquin it has been -determined that each section contains
signatures purporting to -be the signatures of qualified electors of this county;
That attached to this petition at. the time it was filed was an affidavit purporting.
to be the affidavit of the person who solicited the signatures, and containing the
dates between -which the .purported qualified electors signed this petitions
That the affiant stated his or her own qualifications, that' he or she had solicited
the siguaturesupon, that .section., that all of the signatures were made in -his or her
presences and that to the best of his or her knowledge and belief each ignature to
that section was the genuine signature of the person whose name it purports to be;
That after the pronponent filed this petition it has been verified to contain the required
number -of signatures by examining the records of registration in this --county, •current
and in effect at the respective purported dates of such signing, to determine what
number of qualifier41ectors signed the- petition, and from that examination- it has- been,
determined the- following facts are hereby attested to pertaining. to .this:: petition::
1. number of unverified signatures filed proponent (raw count) 4,000
2. Number of petitions verified 82
3. Number of signatures verified 2,860
a. Number of signatures found SUFFICIENT 2,627
b. Number of signatures found NOT SUFFICIENT 233
IN WITNESS MMREOF#I have hereunto set my hand and affixed my official seal this 13th
day of May, 1981.
NA4r
City Clerk
City of Lodi, California
RESOLUTION NO. 81-54
RESOLUTION CALLING FOR A SPECIAL ELECTION
WHEREAS., a petition has been received by the City Council of the
City of Lodi requesting -that .the following ordinance be submitted immediately
to a vote of the people at a Special Election:
"The People of the City of Lodi, California do ordain' as follows:
1. It shall be the policy of the City of Lodi to protect land in tie
Green Belt area in .order to preserve and protect agricultural land, preserves
the scenic value of the area, protect wildlife habitat and natural resouerces and
to protect the small citycharacterof Lodi.
2. The Green Belt area shall be designated as the area between the outer
limits of the incorporatedcity and the outer limits of the adopted sphere of
influence at the adoption of this ordinance.
3. To affect the policy of the City of Lodi to protect land in t -he Green.
Belt area, non-agricultural development in the City of Lodi which lies. adjacent
to the Green Belt area shall be -permitted only after a finding by the City Council
that such non-agricultural development will not interfere with the continued-produ
Live use of agricultural land - in -the Green Belt area or that an adequate buffer
or mitigation zone exists to assure continued productive use of agricultural land
in the Green -Belt area.
4. At the time of adoption of this ordinance, the Green Belt area shall be
removed from the existing Land Use Element of the General Plan of the City of
Lodi. S. Before land in the Green Belt area can be annexed by the City if Lodi,
an amendment to the City's Land use Element of the General Plan must be made and
approved by a majority of the people voting in a city-wide election.
6. Before any annexation proposal can be approved:, the City Council must
make the finding that the proposed annexation is contiguous to existing city
boundaries and the projected demand from the proposed development in the area
to be annexed will not exceed the service capacity of existing municipal utilities
and services, the school district, and existing roadways.
7. Water, sewer, and electrical facilities shall net be expanded or extended
until the City Council makes the finding. that a proposed expansion or extension is
consistent with the goals, policies and land use designations of the General Pian
and this ordinance.
8. The City of Lodi may hold elections in consolidation with other scheduled
elections in the City for the purpose of allowing voters to voice their opinions
on amendments to the City's Land Use Element of the General Plan.,
9. If any portion of this ordinance is hereafter determined to be invali4,
all remaining portions of this ordinance shall remain in force and effect and to
this extend the provisions of this ordinance are seperabe. "
NOW, TNSREF-M#- BE IT P-M—THER-.:RESOLVED, that the City Council of the Citr
of Lodi, does hereby set the date of the subject Special Election to be
Tuesday, August 2%1"1.
Dated: May 20, 1981
I hereby certify. that Resolution No. 81-54 was passed and adopted by
the City Council of the City of Lodi in a regular meeting held May 20, 1981 by
the following vote:
Ayes: Couftcilme�� Hughes, Katnich, Murphy, Pinkerton, and McCarty
Noes: Councilmen - None
Absent: Councilmen - None
ALICE M. RE CITE
City Clerk
. s-
gg
....Page
$-i o
_
- .. :.. No. 2
-ix
WHEREAS, said petition has been certified by the City Clerk of the City
of Lodi as containing sufficient signatures of qualified registered voters:;
of the City of Lodi to require action by the City Council pursuant to State ;.
of California Election. Code Section 4010.
WHEREAS, in accordance with provisions of Section 4010 of the Elections
Code of the State -of California, the City Council shall either:
a) Introduce the ordinance without alteration at the regular meeting
at which it isL presented_ and -adopt the ordinance within 10 days after it Is
presentedlor
b) Immediately order a Special Election to be held not less than -94 or
'•
more than. 109 .days after the date of the order, at which the Ordinance
without alteratiork shall be submitted to a vote of the voters of the City.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lodi
does hereby -calla -Special Election to --be held not less than -94 nor more than
109 days from this date to vote on the proposed ordinance heretofore set -forth.
NOW, TNSREF-M#- BE IT P-M—THER-.:RESOLVED, that the City Council of the Citr
of Lodi, does hereby set the date of the subject Special Election to be
Tuesday, August 2%1"1.
Dated: May 20, 1981
I hereby certify. that Resolution No. 81-54 was passed and adopted by
the City Council of the City of Lodi in a regular meeting held May 20, 1981 by
the following vote:
Ayes: Couftcilme�� Hughes, Katnich, Murphy, Pinkerton, and McCarty
Noes: Councilmen - None
Absent: Councilmen - None
ALICE M. RE CITE
City Clerk
. s-
will be held in the City of Lodi on Tuesday, the 25th day
of August, 1981 to vote on the following measure:
The people of the City of Lodi, California do ordain as
-follows_:
4
1. It shall be the policy of the City of Lodi to
protect land in the Green Belt area in order
to preserveandprotect agricultural Iand,
preserve the scenic value of the area, pro-
tect wildlife habitat and natural resources
and to protect -the small city character of
2. The Green Belt area shall be designated as
the area between the outer limits of the
incorporated city and the outer limits of
the adopted sphere of influence,at the adoption
of this ordinance.
3. To affect the policy of the City of Lodi to
protect land in the Green Belt area, non-
agricultural development in the City of Lodi
which lies adjacent to the Green Belt area
shall be permitted only after a finding by
the City Council that such non-agricultural
development will not interfere with the
continued productive use of agricultural
the Green Belt area shall be removed from the
exi,stimg Land Use Element of the General
Plan of the City of Lodi.
5 Before land in the Green Belt area can be
annexed by the City if Lodi, an amendment to
the City's Land Use Element of the General
Plan must be made and approved by a majority
of the people voting in a city-wide election-.
-6. Before any annexation proposal can be approved,
the City Council must make the finding that
.the proposed annexation is contiguous to
existing city boundaries and the projected
demand from the proposed development in the
area to be annexed will not exceed the
service capacity of existing municipal utili-
ties and services, the school district, and
existing roadways.
7. Water, sewer, and electrical facilities shall
not be expanded or extended until the City
Council makes the finding that a proposed
expansion or extension is consistent with the
-2-
Arguments shall not exceed 300 words in length and
shall be accompanied by the name or names of the person or
persons submitting it, or, if submitted on behalf of an organi-
zation, the name of the organization and the name of at least
one of its principal officers.
-3-
goals, policies and land use designations of
the General Plan and this ordinance.
8. The City of Lodi may hold elections in con-
so?lidation_with other scheduled elections in the
City for the purpose of allowing voters to
voice their opinions on amendments to the
City•s Land Use Element of the General Plan.
9. If any portion of this ordinance is hereafter
determined to be invalid, all remaining
portions of this ordinance shall remain in
force and effect and to this extent the pro-
visions of this ordinance are seperable.
The polls will be open between the hours of 7:00
o'clock
a.m, to 8:00 o'clock p.m.
DEADLINE FOR FILING ARGUMENT
Arguments for and against the measure are to be
submitted to the City Clerk on or before 5:00 p.m. on June 26,
1981.
Arguments shall not exceed 300 words in length and
shall be accompanied by the name or names of the person or
persons submitting it, or, if submitted on behalf of an organi-
zation, the name of the organization and the name of at least
one of its principal officers.
-3-
&I I ,��'C.
ALICE M. REIMCHE
City Clerk
-4-
M the Countq.for such use.pursuant to the provisions of Section 22003 of
the ]elections Codes
IPM, !WMFORS, it is hereby agreed as follows. -
1. The County agrees that the. Registration Election Department
shall di the following things for the City:
'm (a) Furnish the City Gvuncll of the City, upon request of the
City- Clerk,- with as many- copies. as may be needed of the
Index of registration for each precinct contained in whole
or part within the area embraced by the City of Lodi, up to
and including thirty (30) days prior to the election.
(b) Furnish maps showing all precincts embraced in whole or part.
by the City of nodi.
(c) Address and mail voters pamphlet, absentee voter information
containing sasple ballots and any other election materials
required to be mailed to the voters.
(d) Prepare, list of number of registered voters in each precinct.
(e) Prepare index to precinct consolidation as to polling places.
(f) Prepare labels for sample ballots, and registration data for
official ballots.
(g) Check and package official ballots for consolidated precincts.
(h) Package election supplies for delivery to precinct inspectors,
provide election booths, ballot boxes, chairs, tables, and
etc. for delivery to polling places, it being understood that
pickup, delivery and return will be made by the City.
XM SM22 SS hWEREOF, the partieshereto have set their hands and-
seals
nd
seals the day and year first written above.
A.T2=z. JORUM J. NAME
Clock Of the- Board of Supervisors
of the County of San Jos"►uin,
State of California
By.- fseal)
Deputy Clerk
APPROVED AS TO FORM.-
GERALD
ORM:
GERALD A SHEMIN, County Counsel
Deputy County Counsel
ATTES'lr
&Ip"- �7'-
City �2erk
APPROVED AS TO FORM:
City At orney
COUWn OF SAN Jf?WMN, a political
subdivision of the State of California
ay
Chairman°
Board Of Supervisors-
"COEWY"
CXIII I, a mmunicipigcorporatIon
By
M r
RESOLUTION NO. 81-55
RESOLUTION PROVIDING FOR REBUTTAL ARGUMENT TO BE PLACED
ON THE BALLOT FOR THE AUGUST 25, 1981 SPECIAL ELECTION
e
M ERAS, Section 4015.5 of the Elections Code of the State of E
California sets forth the provision that not later than the day on which
the legislative body calls an election, the legislative body, by a
majority vote, way adopt provisions allowing for -rebuttal agrument.
WHEREAS-, following the adoption of such provisions, if the legislative
body -submits an argument against the ordinance, it shall immediately .send
copies of the argument to the persons filing the initiative -petition. The
persons filing the initiative petition may prepare and submit a rebuttal
argument not exceeding 250 words. The legislative body may prepare and
submit _a= ...rebuttal to the argument in favor of the ordinance not exceeding
250 words._ The rebuttal arguments shall be filed with the clerk not mare
than 10 days after the final date for filing direct arguments. Rebuttal
arguments shall be printed in the same manner as the direct arguments..
Each rebuttal argument shall immediately follow the direct argument which
it seeks to rebut.
NOW,. THEREFORE., BE IT RESOLVED, that the City Council of the City of
Lodi does hereby adopt provisions allowing for rebuttal agrument.
NIT, THEREFORE, BE IT FURTHER RESOLVED that pursuant to Section 4015.5
of the Elections Code of the State of California ,these provisions shall
apply at the Next ensuing municipal election and at each municipal election
thereafter, unless later repealed by the legislative body in accord with the
procedures set forth in the Elections Code of the State of California.
Dated: May 20, 1981
rrY
City Clerk