HomeMy WebLinkAboutAgenda Report - November 19, 1986 (82)RES. NO. 86-173
CC -24(b)
- (IM COUN= MEEYIN i
19, 1986
Notice thereof having been published according to law, and a
copy of the subject affidavit being on file in the office of
the City Clerk, Mayor Reid called for the public hearing to
receive the report of the cost of the City of Lodi Weed
Abatement Program for 1986.
City Clerk Reirriche reminded the Council that several months
ago, it had initiated weed abateme..ntproceedings on various
parcels throughout the City. According to the Government
Code of the State of California, legal noticing, including
letters to the subject property owners, publications, and
postings were made regarding the matter.
Ultimately, the City abated weeds on a parcel at 713 South
Sacramento Street, and on various parcels owned by the
Southern Pacific Canpany. Council was presented with a
report of the cost of abatement of weeds on the heretofore
listed parcels.
7bere being no persons in the �.adience wishing to speak on
the matter, the public portion of the hearing was closed.
On motion of Mayor Pro Tempore Olson, Reid second, Council
adopted Resolution No. 86-173 - Resolution Confirming the
Cost of Weed Abatement for 1986 and Providing for the
Collection. Further the City Clerk was directed to submit a
certified copy of the. subject Resolution to the County
Assessor, County Tax Collector, County Auditor, and the State
Board of Equalization.
i
WUNCIL COMMUNICATIL.d--
TO- THE CITY COUNCIL DATE: NO.
FROM. THE CITY MANAGER'S OFFICE November 19, 1986
SUBJECT:
PUBLIC HEARING TO REVIEW COST REPORT OF CITY WEED ABATEMW PROGRAM FUR 1986
RECOMMEWDED.ACTION: Following the public hearing, Council adopt the attached
resolution (see Exhibit "C" attached) Resolution No. 86-173 - Resolution
Confirming the Cost of Weed Abatement for 1986 and Providing for Collection.
Council will recall that several months ago the Council initiated weed
abatement proceedings on various parcels throughout the City. According to the
Government Code of the State of California, legal noticing, including letters
to the subject property owners, publications, and postings were made regarding
.the matter. Public hearings regarding the program were conducted by the City
Council.
Ultimately, the City abated weeds on a parcel at 713 South Sacramento Street,
and on various parcels owned by the Southern Pacific Transportation Company.
The Goverment Code provides that the City Council shall set a public hearing
to receivea. report of the cost of abatement in front of or on each separate
parcel of land where the work was done by the City. Council set this matter
for Public Hearing at the Regular Meeting of November 19, 1986.
Pursuant to the State Goverment Code, at the time fixed for receiving and
considering the report, the legislative body shall hear it with any objections
i of the property owners liable to be assessed for the abatement. After
confirmation of the report by the Council a copy shall be forwarded to the
County Assessor and Tax Collector who shall add the -amount of the assessment to
the next regular tax bill levied against the parcel for minicipal purposes.
Notice of this: hearing was published pursuant to law (see Exhibit "A" attached)
and'a copy of the notice was forwarded to each property owner under Declaration
of Mailing, Certified Mail, return receipt requested.
Attached you will find the Report of the Street Superintendent indicating the
=r. cost of the City Weed Abatement Program for 1986 (see Exhibit "B" attached). F
ALICE M. RE:ZMC
City Clerk
}
NOTICE OF PUBLIC HEARING BY THE IMI CITY COUNCIL
CALLED PURSUANP TO GMMD ENT CCOE SDCTION 39576 TO RDCEIVE
A REPORT OF THE OAST OF ABATIW WEEDS IN FRONT OF
OR ON EACH SEPARATE PsJUM OF LAND WHERE THE WORK WAS DONE
BY THE CITY OF LODI
WHEREAS, the Government Code provides that the City Council shall
set a public hearing .to receive a report of the cost of the abatement
of weeds in front of or on each separate parcel of land where the work
was done by the City of Lodi; and
MOMS, at the time fixed for receiving and considering the
report, the legislative_ body, shall hear it with any objections of the
property owners liable to be assessed for the abatement. The Council
may: modify the report if it is deemed necessary. The legislative body
shall then confirm the report by resolution.
W MMS, after confirmation of the report by the legislative body,
a"copy`shall be forwarded to the County Assessor and Tax Collector who
shall acid the amomt of assessment to the next regular tax bill levied
against the` parcel for municipal purposes.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of Lodi toes hereby set a public hearing to receive the report of the
cost of City of Lodi Weed Abatement Program for 1986 to be held at 7:30
p.m, on Wednesday, November 19, 1986 in the Chambers of the Lodi City
Council at 221 West Pine Street, Lodi., California.
infonmt= regarding this item may be obtained in the office of
the City Clerk at 221 West Pine Street, Lodi, California. All
interested persons are invited to present their views regarding this
matter.'
If you challenge the subject matter in court you may be limited to
raisingonly those issues you or someone else raised at the Public
Hearing
described in this notice or in written correspondence delivered
to the City Clerk, 221 West Pine Street, Lodi, at or prior to, the
Public Hearing.
By Order of the Lodi City Council:
& �&W'Ll
-
ALICE M. REIMCHE
City Clerk
Dated: November 5, 1986
_ M_ ,,,
. y PROOF - OF PUBLIC ON
(2013.3 C.C.P.)
STATE OF CALIFORNIA,
County of San Joaquin.
I am 4 citizen of the United States and a resident of
the County aforesaid; I am over the age of eighteen
Years, and not a party to or interested in the above -
entitled matter. I am the principal clerk of the
Printer of the Lodi News -Sentinel, a newspaper of
general circulation, printed and published daily,
accept Sundays and holidays, in the City of Local,
California, County of San Joaquin, and which news-
paper has been adjudged a newspaper of general
circulation by the Superior Courts Department 3, of
the County of San Joaquin, State of California,
tinder the date of May 26tiy 1953, Can Number
65990; that the notice, of which the` annexed is a
printed ropy (M in type not smaller thannon-
has been published in each regular: and
entire issue of said newspaper and not in any sup.
element the *d on the following
. want dates, tawke
...»........................................
all in the year 19..86»
I I cerfily (or declare) under penalty of perjury that
the foregoing is true iM correct.
Dated Lodi, California, this 8th., day of
No ember 19.........
86
1j
.............. ignatule. . . . . . . . . . . . . . ...........
ELchi :. h "All
This space L or the County Clerk's Filing -Stamp - - -
REC`IVED
ELATE: il1(11�L
ALICE M. REIMCHE
CITY CLERK
CITY OF LODI
Proof of Publication of
NOTICE OF PUBLIC: HEARING BY THE LODI CITY
"'c�tiNC'1� 'Ern•">�strt�ar••�o••�t�R���r�-_».
CODE SECTION 39576 TO RECEIVE A REPORT
OF THE _COST OF ABATING WEEDS IN FRONT OF
OR ON EACH SEPAIAfiI�ARL'i:C'iDF"CAND-fiiiiERE
THE WORK WAS DONE BY THE CITY OF LODI
_»...»...» LROAt,NOTKt
». MM0 OP MMK IMARWO so Tits Loot CITY • ••.»....••••
CONNCK C"LM PUMAMT TO QOVUW
MM Cow SK7MfM "S76 so amw A
v5M. CN no COW OF ASATMO t1 2311
M PROW Of Olt ON RACK WARATI
r"M OF LAID V Milt TIN WORK WAS
tvola sr T/IB uTT oP too1.
MMNU16 the oovermnent Code provides viva
IM CNF Coundl " set a ILAhewin0 to
Is report of do coo of a#
welds inh of or on each separate of
lend uAare Rhe work was done by tis Cly of loch
WORMS,and
at five ;I" Ned Ior reeeivI one
�om`derMq "a `ell°"' tis leo"Io"va badp eA ii
hear t vdlG onp objetlWns of tFe properq owner
U"a be assessed for " obatement. The
Cwt oay wiodily the r It It is dee nod nee.
essory.T I*W%k*ft body shop can confirm the
npert Ares�eiuoher een"nolion of Ma report by.
dhe legkialve body. a copy shall be forwarded to
Ow Cowft Assessor and to% Collector who shod
Odd the annum d msessment
tax bill Ievied o c= Me. P=1:10-= -
TMMM"oft Bis 1T WSOtvRC. that vis
pry CohxhcR
of tla G of Lodi does hereby set a
p 6u Rc
bowing so na(w tis report o11M me, of
Or of Lodi Weed Abotement Program for 1916 to
be hew at 700 P.m. anf November l9, -
i9s6 M the Chambers oftis Lodi Cay CouncN a
221 Woo row Street. Loa. California.
Wonmeton regarding this Isom may be ebtoMad
M tis -Nice of tis C" Cork a 221 West Fine
gives, Lodi Cohlondo. AR Interested persons we '
IsMsed b preserM Wait views regarding gas rna•
W-"
.
Mdailenge the subject nater In cows you
nay M WMNd to roNing one' those Issues Yoe or
someone dse ►sisal attis , PuMkink
described to do% notice or In wrltion 1sperw&
encs delivered to tis City Clerk, 221 West Pica
Street. toll. at or Prior to. v1a PwMk Heorkq.
RyorderollMlediprycow" _
= MICE M REWICNE
CMrk
O�ogd: November S. 19116.
MORT O► TNl SIMM SYPERINTEMwNT -
ta CM01FLOCAUGARDMOCOSTOP.
PROORAMFOR 19"
t. Weed obale nest _ 7 W S. Socrornenso Sleet,
Lodi. Parcel No. (043•2404n.
Mr. Angelonwalo DeRubes. 2733 Ordway Street;
MW 406, WoshMpvon. OC 20005.
Anaun►-531000.
2. Weed oboament — Soufwn Pacific Trans.
ftwh'ah C—P-W rsohts-ot•woys (Lodi Gly
Mr. J.v. Moswetl, Administrot" Engineer. -
Souttisen Pacific Railroad, P.O. Sox 7036•
Bakersfield. CA. MRS. .
Amount—S17.11M.00.
JACK 1. RONSKO : • J :.. ^. + ...
PuWk Works Director
PROOF OF PUBLICATION bo;,;as,+a,�,;,
CITY COUNCIL
FRED. M. REID, Mayor
EVELYN M. OLSON
Mayor Pro Tempore
DAVID M. HINCHMAN
JAMES W. PINKERTON, Ir.
JOHN R. (Randy) SNIDER
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
CALL BOX 3006
LODI, CALIFORNIA 95241-1910
(209)334-5634
November 25, 1986
/..
THOMAS A. PETERSON
City Manager
ALICE M. REIMCHE
City Clerk _
RONALD M. STEIN
City Attorney
Mr. Paul Heurlin
San Joaquin County Auditor -Controller
San Joaquin County Courthouse
Stockton, CA 95202
Dear Mr. Heurlin:
closed herewith, please find certified copy of Resolution No. 86-173
-Resolution Confirming the Cost of Weed Abatement for 1986 and
Providing for the Collection on the Regular Tax Bill
You are hereby requested to enter the assessments on the County tax
roll and to collect the"total amount of the assessments at the time and
in the manner as other ordinary municipal taxes.
Pursuant to our telephone conversation, we acknowledge that these
assessments will be held over to next year.
Should you have any questions, please do not hesitate to call.
Very truly yours,
AliceM.
City Cleric
cc: San Joaquin County Assessor
Sar. Joaquin County Tax Collector
State Board of Equalization
RESOLUTION CONFIRMING THE COSI' OF WEED ABATEMENT
FOR 1986 AND PROVIDING FOR COLLECTION
BEFORE THE CITY COUNCIL OF THE CITY OF LODI
IN THE M= OF:
t:
Resolution Confirming the Cost
of Weed Abatement for 1986 and RESOLUTION NO. 86-173
Providing for the Collection on
the Regular Tax Bill
86-173
The city council adopted Resolution No. 86-93 on July 2, 1986,
Ale
electing to proceed under Government Code Sections 39501-39588 and
declar-ed a public nuisance, all weeds growing upon streets, sidewalks and
private property in the city;
A
The city council adopted Resolution No. 86-121 on August 6, 1986,
following the holding of a public hearing and did overrule objections and
determined to proceed with the abatement of weeds growing upon public ways
and private property in the city;
The superintendent has abated the nuisance declared by Resolution No.
86-93 and has kept an account of the cost of abatement and has submitted
x`
it to the city council for confirmation;
NOW, THFFEFORE, IT IS FOUND, DETERMINED AND ORDERED as follaas:
(1) The city ordered the superintendent to abate the
,council
nuisance declared by Resolution No. 86-93 by having the weeds, rubbish,
refuse and dirt removed and thereafter the superintendent entered upon
private property more particularly hereafter described to abate the
nuisance and the superintendent kept an ac mmt of the cost of abatement
and has sutmitted it to the council for confirmation in the form of an
x
itemized written report showing the cost and a copy of the report has been
posted in the tima and manner required by Government Code Section 39575.
No objections were filed up or made by the property owner liable for
assessment for the abatement and the report as set forth in Exhibit "A" is
confirmed.
(2) Cost of the abatement as set forth in Exhibit "A" constitutes a
`
special assessment against that parcel and is a lien on the parcel.
x
(3) The city clerk is directed to transmit a certified copy of this
resolution to the county assessor, county tax collector, county auditor,
and the State Board of Dqualization on or before September 1, 1987. The
n
county auditor is requested to enter the assessment on the county tax roll
86-173
and to collect the total amount of the assessment at the time and in the
manner as other ordinary municipal taxes. All in the manner provided by
Government Code Sections 39560-39587.
Adopted by the City Council of the City of Lodi on November 19, 1986 by
the following vote:
Ayes: Council Members - Olson, Pinkerton, Snider, and Reid
(Mayor)
Noes: Council Members - None
Absent: Council Members - Hinchman
Alice M. Rei:he
City Clerk
86-173
REPORT OF THE STREET SUPF.RNMMENT, CITY OF %ODI
REGARDING COST OF CITY WEED ABATEMENT PROGRAM FOR 1986
1. Weed abatement - 713 S. Sacramento Street, Lodi _
Parcel No.(045-240-07)
Mr. Ange3.antonio DeRubes
2755 Ordway Street, NW 406
Washington DC 20008
Amount -$310.00
2. Weed abatement - gouthern. Pacific Transportation Company
rights -of -ways (IA)di City Limits)
Mr. J. V. Maxwell, Administrative Engineer
Southern Pacific Railroad
P. O. Bax 3036
Bakersfield, CA 93385
Amount - $13,870.00
JACK SW
Public Director
Street Superintendent
Dated: Novenber 5, 1986
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