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Home My WebLink AboutAgenda Report - July 1, 1981 (48). PUBLIC HFARINGS FILERS ORGANIZATION, 1r ANNE%ATION TO THE CITY OF LODI AND PLIACHMBNT RES, NO. 81-100 t Notice thereof having been published in accordance with law and affidavit of publication being on file in the office of the City Clerk, Mayor McCarty called for the Public Hearing to consider the :> Eilers Reorganization, including annexation to the City of Lodi and detachment from the Woodbridge Rural County Fire Protection District. The matter was introduced by Community Development Director Schroeder who presented diagrams of the subject area, indicated that the only property owner involved in this request had signed the petition for annexation, that the subject property would be zoned as "Unclassified Holding", and that LAFCO had not waived the necessity to hold a Public Hearing on the matter, therefore, it was required by law that the City do so. The following persons spoke on behalf of the reorganization: a) Mr. C.M. Sullivan, Attorney -at -Law, 1111 W. Tokay, Lodi, representing Mr. Eiler, the property owner requesting the annexation. The following persons spoke in opposition of the proposed reorganization: a) Mrs. Barbara Lea Kern, 448 Almond Drive, Lodi b) Mr. Wilbert Ruhl, 3933 E. Almond Drivel Lodi c) Mrs. Pat Blodgett, 13050 N. Highway 99, Lodi Mayor McCarty then called for rebuttal and the following persons addressed the Council under rebuttal against the argument presented against the proposed reorganization: j,.a - y V .�� yI.M •�V �M'd1'.X L. iK M -.AH � '� � .1 1 � } �� ^ . 1-'�'�°c � � .�.K'� . ... r >r+.. :.. = ivf+.•. �'R� •�4.':titi�Sr ^'CF rta'=^'IZ %i:�X �3y��`r 3� 1 ., �ii ` t 5C 3 i�� 1 c h iy �A"•Tl;�'� i f h��'� 9 � y F ----------- ,•' i t�^ Y�"{;}i� fix , 't , ' 4 Y. �" r - - - t, -3- } .3 � v4�. i� ,7 ' �;'y��°ra OF SAN JOAQUIN COUNTY It June 23, 1981- City 981- City of Lodi c/o City Clerk 221 W. Pine Street Lodi, CA 95240 COMMISSION MEM89115 "UGLA99 W. M/ILNOIT. c9-A.wAN ,wo OHTI.CT wKww00.1 - ARNOLD 1. MU.. vice-c"Als"Aw .TOC.114i•. GTT COU90C6L14A14 LOCAL AGENCY, FORMATION COMMISSION •Tw s.sT4.CT av►CwwsM EXECUTIVE OFFICER ' COUNTY COURTMOYS.. ROOM 153 GERALD F. SCOTT EAST WEBER AVENUE k� LAFCO..O..: :222 TOCKTON. CALIFORNIA 99202 LEGAL COUNSEL 209/944.2196 MICHAEL WGREW f t--- oe►UTT COUNT► COON%%L OF SAN JOAQUIN COUNTY It June 23, 1981- City 981- City of Lodi c/o City Clerk 221 W. Pine Street Lodi, CA 95240 COMMISSION MEM89115 "UGLA99 W. M/ILNOIT. c9-A.wAN ,wo OHTI.CT wKww00.1 - ARNOLD 1. MU.. vice-c"Als"Aw .TOC.114i•. GTT COU90C6L14A14 ocowoc �. owwwcw •Tw s.sT4.CT av►CwwsM R00.RT A. CANCLINI FF "^4v C.TT touwCkwr ►.AROLD M. N.LOGN k� w9►1e 1499-04: {TAN<tr MORTEN:.N. ALTeR14AT9 ►YOLTC 14914:e: LACK C. UNY09111. Atwew14AT9 t--- 9-ANTCEA CITT coYNc+w.►N wiCNARo IL YOs611KAWA. Apew14ATe *ST 014Ti11CT 9Uf9ww40: C Re: Resolution No. 514, Approving the Eilers Reorganization (LAFC 18-81), Including Annexation to the City of Lodi and Detachment from Wood- bridge Rural County Fire Protection District Gentlemen: We hereby transmit a. certified copy of this Commission's Resolution No. 514 approving the above entitled proposal and authorizing the City of Lodi to conduct subsequent proceedings. ' Upon successful completion of City proceedings, the City must request that LAFCo execute and file a Certificate of Completion and State of Boundary Change. Such request must be accompanied by six certified copies of your resolution ordering the boundary change and a check payable to the State Board of Equalization covering its filing fee. Very truly yours, GERALD F.' SCOTT Executive Officer GFS:rq cc: Board of Supervisors c% Clerk of the Board Woodbridge Rural County Fire Protection District County 'Surveyor County Assessor Henry G. Eilers Bud Sullivan James B. Schroeder, City of Lodi JUN 2 51981 EXHIBIT A PRevised: Juni^ 17 , 1981 EILERS REORGANIZATION TO THE CITY 0% LOD1 A portion of the Southeast Quarter of Section 34, Township 4 North Range 6 East, Mount Diablo Base and Meridian, being described as follows: Beginning at a point on the Hest line of said Southeast Quarter, said point lying North I 49' 00" West, 27.01 feet from the Southwest corner of said South- east Quarter, said point also being on the Lodi City Limits line; thence North 010 49' 00" West along said West line, being along said CitX Limits line. 3.0 feet; thence leaving said City Limits line and continuing North 1 49' 00" West along said West line 1292.4 feet to the North line of the Southwest Quarter of said Southeast Quarter; thence North 890 43' 00" East along said North line 650.76 - feet to intersection with the East line of Lilac Street (80 feet wider said inter- section being the Northwest corner of that certain parcel of land described in deed to Woods School District of San Joaquin County, recorded in Volume 1756, page 421, Book of Official Records of San Joaquin County; thence along thebguudary of said School District parcel the following three (3) courses: (1) South 9 48' 3.0" West, along said East line of Lilac Street 287.47 feet, (2) North 890 43' OO". East, 622.24 feet, and (3) North 70 12' 00" East, 285.4 feet to the north line of the Southwest Quarter of said Southeast Quarter; thence North 890 43' East along said North line 150 feet to the west line of Lower Sacramento Road, being on said'City Limits linea t�nce along said City Limits line the following two (2) courses: (1) South 7 12' West along said West line 1312.05 feet to the North line of Turner Road, and (2) West along said North line 1d'04.28 feet to the point of beginning. Containing 34.9 acres, more or less. ItECOfAIMPI o APNWAL AS TO Dlm"TM M CAht D"!y County Sun" APPROVED BY.k -'t % •- � .3'.cornty Surra RESOLUTION NO. 514 BEFORE THE LOCAL AGENCY FORMATION COMMISSION OF SAN JOAQUIN COUNFTY RESOLUTION APPROVING THE EILERS REORGANIZATION (LAFC 18-81), INCLUDING ANNEXATION TO THE CITY OF LODI AND DETACHMENT FROM WOODBRIDGE RURAL COUNTY FIRE PROTECTION DISTRICT WHEREAS, the above entitled proposal was initiated by Resolution of the City of Lodi, and on May 21, 1981, 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 reorgarAization on June 19, 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 Commission heard and received evidence, both oral and documentary, submitted in favor of and in opposition to the proposed reorganization and allpersons present were given an opportunity to hear and be heard in respect to any matter relating to said proposal; NOW, THEREFORE, the Local Agency Formation Commission of San Joaquin County DOES HEREBY RESOLVE, DETERMINE, AND ORDER as follows: Section 1. The Negative Declaration adopted by the City of Lodi as lead agency has been reviewed and consi3ered. Section 2. The above entitled reorganization is approved subject to the terms and conditions contained herein. Section 3. The boundaries are hereby approved, said boundaries being set forth in Exhibit A. Section 4. The affected territory is uninhabited. Section 5. The City of Lodi is designated as the conducting agency and is authorized to initiate proceedings for uninhabited reorganization in accordance with Section 56430 of the District Reorganization Act. Section 6. The Executive Officer is hereby authorized and directed to mail and file certified copies of this Resolution as required by Section 56272 of the Government Code. PASSED AND ADOPTED this 19th day of June, 1981, by the following vote of *:he Local Agency Formation Commission of San Joaquin County, to grit AYES: Commissioners 2?rber, Canclini, Nelson: Rue and Wilhoit NOES: None _ THE FOREGOING IS A CO.7RECT COPY OF ME ORIGINAL ON FILE 13 TH S 0- FlCE GFrALD F. SCOTT EXECUTIVE WAR COMMISSION CLERK Date: 6 UGLAS W. WILHOIT, Chairm Local Agency Formation Commission of San Joaquin County _ --------- MEMORANDUM ._ -._ MEMORANDUM To. From: Re: Date: City Manager City Attorney Annexation - Eilers/Woodbridge School May 20, 1981 At the last City Council meeting, I was asked to research the question of whether LAFCO could add additional terri- tory into a proposal for annexation by the legislative body. Specifically, what the Council was concerned with was whether LAFCO could add Woodbridge* School in the Filers annexation proposal. The answer is in the affirmative. If the Council, upon receiving the recommendation from LAFCO finds it includes additional territory which they don't wish to have' in said annexation, the Council cannot modify'LAFCO's.recommendation. The only thing they could do is send the recommendation f` back to LAFCO, or in the alternative, under the District Reorganization Act, turn it down. t Further, I was asked if the City could condition the Woodbridge School property annexation on the installation of curb, t a I Executive gutter and sidewalk. n speaking with the Exec 9 P g ..Officer of LAFCO and the attorney for LAFCO, I was told .that the normal procedure to require any condition is for the City, in.its resolution or application to LAFCO for annexation, to include said conditions therein. However, .it would be up to LAFCO whether they would include said .,conditions. One suggestion was that as part of prezoning the property, �" .•�'= the City could condition the prezoning on the curb, gutter And sidewalk or upon a development agreement. However, since the, school does not have a zoning classification, there would be no way in which the City could require the School:.. as part of the prezoning, to put in curb, gutter and side- walk. ide-walk. .rti RONALD M. STEIN CITY ATTORNEY RMS : vc RESOLUTION NO. 81-88 A RESOLUTION OF THE LODI CITY COUNCIL OF THE CITY OF LODI PROVIDING FOR NOTICE OF PUBLIC HEARING UPON A PROPOSED REORGANIZATION, EILERS REORGANIZATION, AND DETACHMENT FROM THE WOODBRIDGE RURAL COUNTY FIRE PROTECTION DISTRICT WHEREAS, the City Council of the City of Lodi, a Muni- cipal Corporation, has received a written petition for annexa- tion, signed by the owners of not less than one-fourth of the land by area, and by assessed value, as shown on the last equalized assessment role of the County, containing a descrip- tion of the territory sought to be included in the City of Lodi, requesting annexation of said described territory, pursuant to the District Reorganization Act of 1965 as contained in Division 1 of Title 6 of the Government Code, all of said property being contiguous to the City of Lodi. NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF LODI as follows: 1. THAT it has been proposed, pursuant to the above noted District Reorganization Act of 1965 that there be annexed to the City of Lodi, a Municipal Corpora- tion in the State of California, and simultaneously detached from the Woodbridge Rural County Fire Protection District, that certain territory parti- cularly described as shown on Exhibit "A" attached hereto and thereby made a part hereof. 81-88 2. THAT for the purposes of identification the above described territory is hereby designated as Eiler s Reorganization (LAFC 18-81). 3. THAT notice is hereby given that the City Council of the City of Lodi will hear and receive written protests against the annexation on the 5th day of August, 1981 at 8:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chambers, City Hall, 221 West Pine Street, Lodi, California. Dated: July 1, 1981 1 hereby certify that Resolution No. 81-88 was passed and adopted by the City Council of the City of Lodi in a regular meeting held July 1, 1981 by the following vote: Ayes: Councilmen - Hughes, Murphy, Pinkerton and McCarty Noes: Councilmen - None Absent: Councilmen - Katnich Abstain: Councilmen - None CERTIFICATE I, Alice M. Reimche, City Clerk of the City of Lodi, do hereby certify that the aforegoing is a true and correct copy of Resolution No. 81-88, passed and adopted by the City Council at the regular meeting thereof held July 1, 1981; the sante has not been revoked, and remains in full force and effect. Dated: July 1, 1981 na MWWW DOWUM a r;WIF1ED 10 eE A MWO CV# of n+L oaM,►trti as Plc IN TM OFF" DpREEN GAUGEL p�y�rr CITY c. c.rj crLca J oArEa Jul 8 i1�� &0 );�,. eaowd— ALICE M. RE MCHE City Clerk CITY COUNCIL JAMES A. MCCARTY. Mayor ROWT G. MURPHY. Mayor Pro Tern RICHARD L. HUGHES WALTER KATNICH JAMES W. PINKERTON. Jr. CITY OF LOOI CITY HALL. 221 WEST PINE STREET POST OFFICE BOX 320 LODI. CALIFORNIA 95241 (209) 334-5634 August 18, 1981 'Mr. Gerald F. Scott Executive Officer Local Agency Formation Commission County Courthouse, Room 153 222 E. Weber Avenue Stockton, California 95202 HENRY A. CLAVES. Jr. City Manager ALICE M. REUVICHE City Clerk RONALD M. STEIN City Attomey Re: Eilers Reorganization (LAFC 18-81) including annexation to the City of Lodi and detachment from the Woodbridge Rural County Fire Protection District Dear Mr. Scott: Pursuant to the Commission's Resolution No. 514, the Lodi City Council in action taken at its August 5, 1981 regular meeting, adopted Resolution No. 81-100-"A Resolution of the City Council of the City of Lodi After Hearing Ordering Reorganization". The City of Lodi issued and filed herewith, pursuant to your June 23, 1981 letter, a check payable to the State Board of Equalization in the amount of $220.00 covering the filing fee. Also enclosed herewith please find six certified copies of the heretofore mentioned Resolution. Should you have any questions regarding this matter, please do not hesitate to call this office. Very truly yours, ALICE M. REZ CHE //>> City Clerk Encls. (7) rTIT CITY OF Lfl01, P.O. BOX 320 o LODI. CALIFORNIA 95241 • (209) 334.5634 1 14 $� 19-81 v 5 43 AT iACItED CHECK IS IN PAYMENT OF ITEMS LISTED BELOW PLEASE DETACH AND RETAIN THIS STATEMENT tRsas C/Ty 4f 104p/ : 00040 LODI. CALIFORNIA 95241 •r DATE CLAIM NO. :~ 't►� y. J • �... ; 8-19-81 543 %* VOID AFTER 90 DAY :. . PAY TO THE ORDER OF.".�y t State Board of Equalization > / Sacramento, Ca. { FINANCC DIRECTOR 2117 11.0000404' 1: 1 2 1 10844 11:000- 1000 1,,,3n■ `, `-=-r 11 I RESOLUTION NO. 81-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI AFTER HEARING ORDERING REORGANIZATION BEFORE THE CITY COUNCIL OF THE CITY OF LODI IN THE MATTER OF THE EILERS REORGANIZATION ) RESOLUTION MAKING DETERMINATIONS (LAFC 18-81) INCLUDING ANNEXATION TO THE ) AND ORDERING REORGANIZATION CITY OF LODI AND DETACHMENT FROM THE WOODBRIDGE) RURAL COUNTY FIRE PROTECTION DISTRICT ) WITHOUT ELECTION SECTION I: RESOLVED BY THE CITY COUNCIL OF THE CITY OF LODI THAT Int DETERMINES: (a) Preliminary proceedings for the annexation of described territory to the City of Lodi and detachment from the Woodbridge Rural County Fire Protection District were initiated by the filing of Resolution No. 81-51 with the Local Agency Formation Commission in the County of San Joaquin pursuant to the requirements of the District Reorganiza- tion Act. (b) Thereafter appropriate proceedings were conducted by said Local Agency Formation Commission and the said Commission, on the 19th day of June 1981, adopted Resolution No. 514 approving the proposed reorganization and the City of Lodi was designated as the conducting agency and was authorized to initiate proceedings for uninhabited reorganization in accordancevith Section 56430 of the District Reorganization Act. (c) Resolution No. 514 of the Local Agency Formation Commission approving the proposed reorganization and designating the City of Lodi as the conducting agency and authorizing the City of Lodi to initiate proceedings for un- inhabited reorganization in accordance with Section 56430 of the District Reorganization Act. SECTION II: RESOLVED BY THE CITY COUNCIL OF THE CITY OF LODI: (a) That each of the changes in the organization contained in the proposal for organization is ORDERED without an election pursuant to Government Code Section 56439 (c). The changes or organization consist of: 81-100 Page :No 2": " " (l) Annexation of the Eilers Addition as shown on Exhibit A attached (2) Detachment of the Filers Addition as shown on Exhibit "A" attached, from the Woodbridge Rural County Fire Protection District. Dated: August 5, 1981 2 hereby certify that Resolution No. 81-100 was passed and adopted by the City Council of the City of Lodi in a regular meeting held August 5, 1981 by the following vote: Ayes: Councilmen - Hughes, Murphy, Pinkerton, and McCarty Noes: Councilmen - None Absent: Councilmen - Katnich M. AMi City Clerk f Page No. 2 (1) Annexation of the Eilers Addition as shown on Exhibit "A" attached (2) Detachment of the Eilers Addition as shown on Exhibit "A" attached, from the Woodbridge Rural County Fire Protection District. Dated. August 5, 1981 I hereby certify that Resolution No. 81-100 was passed and adopted by the City Council of the City of Lodi in a regular meeting held August 5, 1981 by the following vote: Ayes: Councilmen - Hughes, Murphy, Pinkerton, and McCarter Noes: Councilmen - None Absent: Councilmen - Katnch CE M. IMCHE City Clerk