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Home My WebLink AboutAgenda Report - November 18, 1981 (45)PROPOSED WOOCK Mr. C. M. Sullivan, Attorney at Law, 1111 West Tokay REORGANIZATION Street, Lodi, was present and asked the City Council INCLUDING to withdraw its request that the Local Agency Formation. ANNEXATION AND Commission (LAFCO) reconsider the proposed Woock DETACHMENT Reorganization, a proposed 210. 7 acre annexation proposed for Southwest Lodi. He gave a brief history of the proposed annexation and described its relationship to Measure "A". known as the "Greenbelt Initiative" approved by the Lodi Electorate on August 25, 1981. Mr. Sullivan felt the initiative ordinance should b, interpreted by the Court and that a return to LAF'CJ would be premature. Mr. Robert Mullen, Attorney at Law, 1111 West Tokay Street was present and stated that neither the City Council nor staff could interpret pleasure "All and he felt it was to everyones best interest to find out if the initiative was constitutional. . City Attorney Stein outlined the various alternatives available to the City Council. After lengthy discussion it was moved by Councilman Hughes, Katnich second that Council direct the Deputy City Clerk to correspond with the Local Agency Formation Commission and withdraw the Citys request for the reconsideration of the Woock Reorganization. Mr. Sullivan then asked the Council to determine if it had the power to prezone the Woock Reorganization without a vote of the people on the General Plan Amendment. On motion of Councilman Hughes, Murphy second, council determined that it would be inappropriate to submit the Woock Reorganization to the people for a General Plan Amendment Election and therefore the Council could not prezone the area. C1 Y C )UNCIL U T %OcCAMURPHY. .May CITY OF LODI i G MURPHY, Mayor Pro Tem2D L. HUGHES CITY HAIL. 221 WEST PINE STRTLT WALTER KATNICH POST OFFICE BOX 320 JAMES W PINKERTON. If. LODI. CALIFORNIA 95241 (209) 334-5634 November 5, 1981 Mr. Gerald Scott Executive Director San Joaquin County Local Agency Formation Commission 222 East Weber Avenue Stockton, California 95202 RE: WOOCK REORGANIZATION (LAFC 30-81) Dear Mr. Scott: H! NRY A CLAVES. It- . city Manater At 1( E h1 RL IMCHE City Ckwk RONALD M STEIN City Attorney The Lodi City Council at its regular meeting held November 4, 1981, by motion action directed that the Local Agency Formation Commission of San Joaquin County be contacted by Staff with the request that the Woock Reorganization and detach- ment, which LAFCO disapproved without prejudice pursuant to LAFCO Resolution 531 (copy attached) be reconsidered by LAFCO pursuant to Government Code Section 54799.1. It is the request of the Lodi City Council that LAFCO delete the condition of prezoning and either approve or disapprove the Woock Reorganization. Sincerely yours, RONALD M. STEIN CITY ATTORNEY a�tt X- 404we-" ALICE M. REIMCHE CITY CLERK RMS :vc attachment ----�� RESOLU•rION NO. 531 !' BEFORE THE L0C,1L ..GENCY FORMATION COMMISSION JF SAN JOAOUIN COUNTY RESOLUTION DISAPPROVING THE WOOCK REOItGANIZAT[ON (LAFC 30-81), INCLUDING ANNEXATION TO THE CITY OF LODI AND DETACHMENT FROM THE L\ WOODBRIDGE RURAL COUNTY FIRE PROTECTION DISTRICT AND WOODBRIDGE IRRIGATION DISTRICT it WHEREAS, the above entitled proposal was initiated by rt Resolution of the City of Lodi, and on September 14, 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 reorganization on October 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, 't WHEREAS, at said hearing the Commission 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; NOW. THEREFORE, the Local Agency Formation Commission of San Joaquin County DOES HEREBY RESOLVE, AND ORDER as follows: Section 1. The proposed Woock Reorganization is hereby disapproved, without prejudice, including the stipulation that the affected territory shall be prezoned by the City prior to refiling of the same or similar proposal. Section 2. 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 16th day of October-, 1981, by the t following vote of the Local: Agency Formation Commission of San � Joaquin County, to wit: AYES: Commissioners Barber, Yoshikawa and Rue 4 i NOES: Commissioners Nelson and Snyder T)IE FOREGOING IS A MIRECT COPY OF s 111E ORIGINAL ON FILE IN TH,S OFFICE GEFALD F. SCOTT %� " EXECUTIIE OFFICER ;RNOLD I. RUE, Vice Chairman Local Agency Formation Commission_ 'C�OrAMISSIOHCLERK of San Joaquin County Hale: ,. _ . 1E. f 1 A,- 1 LAW orris ES w06C.T C LITTS pOA(pT ' ULLEN LITTS. M'ULLEN, PEROVICH., SULLIVAN & NEWTON -0 -1' hcWTON ATTORNEYS AT LAW P. O. BOX 617 11(1 WEST TOKAV STREET LODI, CALIFORNIA 95240 I2O91 33+-ti144 November 10, 1981 Mr. henry Glaves, Jr. City Manager City of Lodi City Hall 221 W. Pine Street Lodi, California 95240 C-wwr� w.SMl.55Eh a NT.. ijh� h O( �iC%V �C.• �. COV r)C• Re: Proposed Woock Reorganization, Including Annexation to the City of Lodi and Detachment From the Woodbridge Rural Fire Protection District and Woodbridge Irriga- tion District Dear flank: ,ni.s letter is intended to confirm our telephone conversa- tion of November 9, 1981, in regard to the above matter. We noted from action taken by the Council on November 4, 1981, that the above annexation had been referred back to the Local Agency Formation Commission. LAFCO had set a -s a condition of resubmittal a requirement that the property be first prezoned. This, LAFCO is permitted to do under the provisions of the Government Code. The reason that we re- quested a reconsideration by the Council at your meeting of Wednesday, November 18, is because there seems little "o be gained by being passed back and forth between LAFCO and the City of Lodi. The inability of the Lodi City Council to prezone the property (although originally in the general plan) is due to the Initiative Ordina:ice. It is my under- standing that the Staff has concluded that the only way the property can be prezoned is to hold. an election, and in or- der to complete the annexation, two elections may be neces- sary at taxpayers' expense. On the other hand, it is not fair to the property owners to send it back to LAFCO with- out ith- out having met the conditions that LAFCO can legally require. Rather than to spend money on special elections, it would seem far better to have a Court. interpret the Initiative Or- dinance. We suggest such a test Suit in declaratory relief (where the Court declares the rights and obligations of the parties) on a friendly basis. Such a suit could be brought on an agreed NOV I 1 1981 Mr. henry Glaves, Jr. Page Two November 10, 1981 statement of facts, since the facts in this instance are not in dispute. 'Thereafter, the City Council, the Planning Com- mission, and the Community Development Department could all be guided by the Court decision as to all future annexations and general plan amendments. The Court decision could also benefit the City of Lodi in its future deal in(js with the Local Agency Formation Commission. We respectfully request that this matter be placed on the Council agenda for Wednesday, November 18, 1991. Both Bob Mullen and I will be present. CMS: dm cc: Mrs. Alice Reimche Mr. James Schroeder Mr. Robert L. Lee Mr. John 11. Johnson Mr. Harry Wilder Mr. Glen Baumbach Mr. Ben Schaffer Rest regards, LITTS, MULLE':N, PCROVICH, SU'LLIVAN s NEWTON By C. M. SULLIVAN, JR. (209)334-5634 November 19, 1981 Mr. Gerald Scott Executive Officer San Joaquin -County Local Agency Formation Commission 222 E. Weber St. Stockton, CA 95202 Re: Woock Reorganization (LAFC 30--81) Dear Mr. Scott: At its meeting of Wednesday, November 18, 1981 the Lodi City Council, by motion action, rescinded its motion of November 4, 1981 asking LAFCO to delete the condition of prezoning for the proposed Woock Reorganization and either approve or disapprove the request. It is the City Council's wish at this time that the action taken by LAFCO at its October 16, 1981 meeting stand. Sincerely, am SIB. Sc roeder epuity Clerk JS: dg CITY COUNCIL HENRY A GLAVES. it City Manager ROBERT G. MURPHY. Mayor Pro Tem CITY OF LO D 1 ALICE M RE IMCHE RICHARD L HUGHES CITY HALL. 221 WEST PINE STREET City Clerk WALTER KATNICH POS] OFFICE BOX 320 RONALD M. MIN JAMES w PINKERTON. Jr LODI. CALIFORNIA 95241 City Attorney (209)334-5634 November 19, 1981 Mr. Gerald Scott Executive Officer San Joaquin -County Local Agency Formation Commission 222 E. Weber St. Stockton, CA 95202 Re: Woock Reorganization (LAFC 30--81) Dear Mr. Scott: At its meeting of Wednesday, November 18, 1981 the Lodi City Council, by motion action, rescinded its motion of November 4, 1981 asking LAFCO to delete the condition of prezoning for the proposed Woock Reorganization and either approve or disapprove the request. It is the City Council's wish at this time that the action taken by LAFCO at its October 16, 1981 meeting stand. Sincerely, am SIB. Sc roeder epuity Clerk JS: dg