Loading...
HomeMy WebLinkAboutAgenda Report - June 5, 2002 G-01 PHCITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Continue the Public Hearing to July 17, 2002 to consider an appeal from Chris and Pauline Gianulias regarding Notice and Order to Repair issued for his property located at 100 N. Cherokee Lane, Lodi. MEETING DATE: June 5, 2002 PREPARED BY: Community Development Director RECOMMENDED ACTION: That the City Council continue the Public Hearing to July 17, 2002, to consider an appeal from Chris & Pauline Gianulias regarding Notice and Order to Repair issued for his property at 100 N. Cherokee Lane, in Lodi, California. BACKGROUND INFORMATION: Mr. and Mrs. Gianulias are the owners of record for the property located at 100 N. Cherokee Lane, a commercial property, on which there are two large wood timber -framed buildings. Mr. Gianulias has appealed a Notice and Order to Repair that was issued by the Community Improvement Division regarding severely deteriorated timber framing found on those structures. Mr. Gianulias' appeal is based on his contention that the ordered repairs or corrections in that Notice are not based on any fact that involves the structural integrity of the buildings. Furthermore, he claims that the Notice was issued for "capricious, arbitrary, malicious and vindictive causes." Mr. Gianulias' appeal to the City Council as our Board of Appeals was originally intended to be set for the first available meeting, which would have been May 5". However, at the time that he submitted his appeal, Mr. Gianulias requested that the Public Hearing be set for the first meeting in June. Mr. Gianulias has now taken out the preliminary permits for these repairs and has asked that the Public Hearing be continued until July. FUNDING: No funding required. Konradt Bart Community Development Director Prepared by Community Improvement Manager Joseph Wood KBfjw c: Randy Hays, City Attorney Chris & Pauline Gianulias Tenants: 100 N. Cherokee Lane APPROVED: H. Dixo Flynn -'-"City Manager l�cumentl 05/28/02 -t4 V l a /--L- �1-7 ,e",— )— � — 6 -�— CITY COUNCIL PHILLIP A. PENNINO, Mayor SUSAN HITCHCOCK, Mayor Pro Tempore EMILY HOWARD KEITH LAND ALAN S. NAKANISHI CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241.1910 (209) 333.6702 FAX (209) 333.6807 cityclrk@lodi.gov Chris and Pauline Gianulias 3220 Province Towne Court Modesto, CA 95355 April 18, 2002 H. DIXON FLYNN City Manager SUSAN J. BLACKSTON City Clerk RANDALL A. HAYS City Attorney MAILED CERTIFIED MAIL #7000 1670 0008 4483 1029 AND REGULAR U.S. POSTAL DELIVERY RE: PUBLIC HEARING SET FOR JUNE 5, 2002 TO CONSIDER AN APPEAL FROM CHRIS AND PAULINE GIANULIAS REGARDING NOTICE AND ORDER TO REPAIR ISSUED FOR THE PROPERTY LOCATED AT 100 N. CHEROKEE LANE, LODI l This letter is to notify you that a Public Hearing will be held by the City Council on Wednesday, June 5, 2002, at 7:00 p.m., or as soon thereafter as the matter can be heard, at the Carnegie Forum, 305 W. Pine Street, Lodi. This hearing is being held to consider your appeal regarding the Notice and Order to Repair issued for your property located at 100 N. Cherokee Lane, Lodi. If you challenge the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Note: Written correspondence for the City Council may be mailed in c% the City Clerk's Office, P.O. Box 3006, Lodi, CA 95241-1910, or delivered to the City Clerk at 221 West Pine Street, Lodi, California. All proceedings before the City Council are conducted in English. The City of Lodi does not furnish interpreters, and, if one is needed, it shall be the responsibility of the person needing one. Should you have any questions, please contact Community Improvement Manager Joseph Wood in the Community Development Department at (209) 333-6823. Sincerely, Susan J. Blackston City Clerk SJBIJLT Enclosures cc: Community Development Director pubhcar/noticcs/lappeal Ucdoc yOF� U DECLARATION OF POSTING Set Public Hearina for June 5, 2002 Consider appeal from Chris & Pauline Gianulias regarding Notice & Order to Repair issued for the property located at 100 N. Cherokee Lane, Lodi On Thursday, April 18, 2002 in the City of Lodi, San Joaquin County, California, a copy of Notice of Public Hearing of the City Council of the City of Lodi to consider appeal from Chris & Pauline Gianulias regarding Notice & Order to Repair issued for the property located at 100 N. Cherokee Lane (attached hereto, marked Exhibit "A") was posted at the following four locations: Lodi Public Library Lodi City Clerk's Office Lodi City Hall Lobby Lodi Carnegie Forum I declare under penalty of perjury that the foregoing is true and correct. Executed on April 18, 2002 at Lodi, California. ORDERED BY: SUSAN J. BLACKSTON CITY CLERK Jennifer M. Perrin Deputy City Clerk formsWecpost.doc CITE OF LORI NOTICE OF PUBLIC HEARING ow Carnegie Forum Date: June 5, 2002 305 West Pine Street, Lodi Time: 7:00 p.m. For information regarding this notice please contact: Susan J. Blackston City Clerk Telephone: (209) 333-6702 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, June 5, 2002 at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a Public Hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to consider the following matter: a) an appeal from Chris and Pauline Gianulias regarding Notice and Order to Repair issued for the property located at 100 N. Cherokee Lane, Lodi, California. Information regarding this item may be obtained in the office of the Community Development Department Director, 221 West Pine Street, Lodi, California. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. If you challenge the subject matter in court, you may be limited to raising only 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, at or prior to the Public Hearing. By Order of the Lodi City Council: Susan J. Blackston City Clerk Dated: April 17, 2002 Approved as to form: Randall A. Hays City Attorney ,11CITYCIRN1roRMs%Noto,dffW-..,ddoC VIM? 9��FOF� � OF �O U� O ��DECLARATION Set Public Hearing for June 5, 2002 Consider appeal from Chris & Pauline Gianulias regarding Notice & Order to Repair issued for the property located at 100 N. Cherokee Lane, Lodi On April 18, 2001 in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with first-class postage prepaid thereon, and additionally, United States certified mail envelopes with first-class postage prepaid thereon and indication of return receipt requested, containing a letter of notification, a copy of which is attached hereto, marked Exhibit "A"; said envelopes were addressed as is more particularly shown on Exhibit "B" attached hereto. There is a regular daily communication by mail between the City of Lodi, California, and the places to which said envelopes were addressed. I declare under penalty of perjury that the foregoing is true and correct. Executed on April 18, 2001, at Lodi, California. ORDERED BY: decmailltr/forms ORDERED BY: SUSAN BLACKSTON CITY CLERK, CITY OF LODI JENNIFER M. PERRIN DEPUTY CITY CLERK MAILING LIST Set Public Hearing for June 5, 2002 to consider appeal from Chris and Pauline Gianulias regarding Notice and Order to Repair for the property located at 100 N. Cherokee Lane, Lodi Owners of Record: Chris and Pauline Gianulias 3220 Province Towne Court Modesto, CA 95355 Pronertv Tenants: Franco's Pizza 100 N. Cherokee Lane Suite #1 Lodi, CA 95240 Valley Telephone 100 N. Cherokee Lane Suite #2 Lodi, CA 95240 APNA Mart 100 N. Cherokee Lane Suite #3 Lodi, CA 95240 Havatan 100 N. Cherokee Lane Suite #6 Lodi, CA 95240 Note: Suites 4 & 5 are either vacant or combined and therefore have not been designated as a part of this mailing list at the direction of the Community Improvement Manager. (D rZ DECLARATION Continued Public Hearing to July 17, 2002 Consider appeal from Chris & Pauline Gianulias regarding Notice & Order to Repair issued for the property located at 100 N. Cherokee Lane, Lodi On June 6, 2002 in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with first-class postage prepaid thereon, and additionally, United States certified mail envelopes with first-class postage prepaid thereon and indication of return receipt requested, containing a letter of notification, a copy of which is attached hereto, marked Exhibit "A"; said envelopes were addressed as is more particularly shown on Exhibit "B" attached hereto. There is a regular daily communication by mail between the City of Lodi, California, and the places to which said envelopes were addressed. declare under penalty of perjury that the foregoing is true and correct. Executed on June 6, 2002, at Lodi, California. ORDERED BY: JACQUELINE L. TAYLOR DEPUTY CITY CLERK decmailltr/forms ORDERED BY: SUSAN BLACKSTON CITY CLERK, CITY OF LODI JENNIFER M. PERRIN DEPUTY CITY CLERK CITY COUNCIL PHILLIP A. PENNING, Mayor SUSAN HITCHCOCK, Mayor Pro Tempore EMILY HOWARD KEITH LAND ALAN S. NAKANISHI CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241.1910 (209) 333-6702 FAX (209) 333.6807 citycirk@lodi.gov Chris and Pauline Gianulias 3220 Province Towne Court Modesto, CA 95355 June 6, 2002 H. DIXON FLYNN City Manager SUSAN J. BLACKSTON City Clerk RANDALL A. HAYS City Attorney MAILED CERTIFIED MAIL #70001670 0008 4483 0961 AND REGULAR U.S. POSTAL DELIVERY RE: CONTINUED PUBLIC HEARING TO JULY 17, 2002 TO CONSIDER AN APPEAL FROM CHRIS AND PAULINE GIANULIAS REGARDING NOTICE AND ORDER TO REPAIR ISSUED FOR PROPERTY LOCATED AT 100 N. CHEROKEE LANE, LODI This letter is to notify you that the public hearing on June 5, 2002 was opened and continued at your request to Wednesday, July 17, 2002, at 7:00 p.m., or as soon thereafter as the matter can be heard, at the Carnegie Forum, 305 W. Pine Street, Lodi. This hearing is being held to consider the appeal of Pablo Palaganas, Sr. regarding the Notice and Order to Vacate issued for the property located at 305 East Maple Street, Lodi. If you challenge the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Note: Written correspondence for the City Council may be mailed in C/o the City Clerk's Office, P.O. Box 3006, Lodi, CA 95241-1910, or delivered to the City Clerk at 221 West Pine Street, Lodi, California. All proceedings before the City Council are conducted in English. The City of Lodi does not furnish interpreters, and, if one is needed, it shall be the responsibility of the person needing one. Should you have any questions, please contact Community Improvement Manager Joseph Wood in the Community Development Department at (209) 333-6823. Sincerely, Susan J. Blackston City Clerk SJB/JLT cc: Community Development Director pubhear/notices/LappcalLtrcontinued.doc -ITY OF LODI C17 Y HALL, 221 W. PINE ST. P. O. BOX 3006 OOI CALIFORNIA 95241-1910 Office of the City Clerk Chris and Pauline Gianulias 3220 Province Towne Court Modesto, CA 95355 ot` SENUhH: ■Complete items 1 andlor 2 for additional services. 4b. 1 also wish to receive the following services (for an a o ■Complete items 3.4a, and ■ print your name and address on the reverse of this form so that we can return this extra fee): 0 > card to you. -Attach this lorm to the front of the mailpiece. or on the back it space does not 1. 0 Addressee's Address u 2 2.y 0 permit. ■Write-Retum Receipt Requested the mailpiece below the article numbeu: 2. ❑ Restricted Delivery N t ■The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for tee. cc 3. Article Addressed to: 4a. Article Number a Claris Afnd �u1►"•. `Ac k1iris 16`13 c(n8 44a3 0161 } i h•, ._ _t_ aQ I�OJ�nti �wt'V- i 4b. Service Typ �.� d u�Q1 i Certified ❑ Reg' fareat d -�_ O ❑Insured C Ntp�le5� 9CJ.S ❑Exp ess Mail (� � a Relum Receipt for MdVchandise 0 COD 2 PAtx�lttfl, G-iAoL,11As I ��� n 7. Date of Delivery ':I,,.•l tt.r rl,� y� iolfl.,. a.• z -----`- O O 0 T 5. Received By: (Print Name) 8. Addressee's Address (Only if requested w and fee is paid) r nc t- S. Signature: (Addressee or Agent) U� I �-- =— o o _ ....... _ m m P-J.I,I,• - zr � - s (tl? bUU� l � PO a ,o Vn•.Ill l.0 b �- �'— O(Fluhxt;rnu;nllenpmmp - Itch aa Ilanv, i h•, ._ O - p C3 O Iiesllwwd I htwh ,y I eo It wk -141- l la•qunr+b -�_ O r-3 a Fees $ rot:d Postage 1'15 And PAtx�lttfl, G-iAoL,11As I ��� n L7 ':I,,.•l tt.r rl,� y� iolfl.,. a.• --�-'' �1+�'r� 10W1 �� -----`- O O 33QO 11'c'o�tlnt�, nry DECLARATION OF POSTING Continued Public Hearing to July 17, 2002 to consider an appeal from Chris and Pauline Gianulias regarding Notice and Order to Repair issued for property located at 100 N. Cherokee Lane, Lodi On Thursday, June 6, 2002 in the City of Lodi, San Joaquin County, California, a copy of Notice of Continued Public Hearing to July 17, 2002 to consider an appeal from Chris and Pauline Gianulias regarding Notice and Order to Repair issued for property located at 100 N. Cherokee Lane, (attached hereto, marked Exhibit "A") was posted at the following four locations: Lodi Public Library Lodi City Clerk's Office Lodi City Hall Lobby Lodi Carnegie Forum I declare under penalty of perjury that the foregoing is true and correct. Executed on June 6, 2002 at Lodi, California. ORDERED BY: SUSAN J. BLACKSTON CITY CLERK Jennifer M. Perrin Deputy City Clerk formsldecpost.doc CITY OF LODI NOTICE OF CONTINUED PUBLIC HEARING Date: July 17, 2002 Carnegie Forum 305 West Pine Street, Lodi Time: 7:00 p.m. For information regarding this notice please contact: Susan J. Blackston City Clerk Telephone: (209) 333.6702 IN NOTICE OF CONTINUED PUBLIC HEARING NOTICE IS HEREBY GIVEN that the June 5, 2002 public hearing of the City Council of the City of Lodi to consider public comments/testimony regarding an appeal from Chris and Pauline Gianulias regarding Notice and Order to Repair issued for property located at 100 N. Cherokee Lane, Lodi, was opened and continued to Wednesday, July 17, 2002, at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, in the Lodi Council Chambers, Carnegie Forum, 305 West Pine Street, Lodi, California. Information regarding this item may be obtained in the office of the Community Development Director, 221 West Pine Street, Lodi, California. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. If you challenge the subject matter in court, you may be limited to raising only 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, at or prior to the Public Hearing. By Order of the Lodi City Council: Susan J. Blackston City Clerk Dated: June 6, 2002 Approved as to form: %26,Zsel lar */0, -- Randall A. Hays City Attorney JACRYCLRKf0RMSINotcont.doc MIN DECLARATION OF POSTING NOTICE OF CONTINUED PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF LODI I, Susan J. Blackston, hereby certify that on June 6, 2002 1 posted "NOTICE OF CONTINUED PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF LODI to consider public comments/testimony regarding an appeal from Chris and Pauline Gianulias regarding Notice and Order to Repair issued for property located at 100 N. Cherokee Lane, Lodi", near the Council Chamber door; that said Notice remained posted until after the hour set for said hearing, as shown on said Notice. A copy of said "NOTICE OF CONTINUED PUBLIC HEARING" as posted near the Council Chamber door, is shown on the attached and is made a part of this Certificate of Posting. Dated: June 6, 2002 (Date Posted - Must be within 24 hours) ORDERED BY: ORDERED BY: SUSAN J. BLACKSTON CITY CLERK OF THE CITY OF LODI JENNIFER M. PERRIN DEPUTY CITY CLERK CITY OF LODI NOTICE OF CONTINUED PUBLIC HEARING Date: July 17, 2002 Carnegie Forum �' , • 305 West Pine Street, Lodi Time: 7:00 p.m. For information regarding this notice please contact: Susan J. Blackston City Clerk Telephone: (209) 333-6702 NOTICE OF CONTINUED PUBLIC HEARING NOTICE IS HEREBY GIVEN that the.June 5, 2002 public hearing of the City Council of the City of Lodi to consider public comments / testimony regarding an appeal from Chris and Pauline Gianulias regarding Notice and Order to Repair issued for property located at 100 N. Cherokee Lane, Lodi, has been continued to Wednesday, July 17, 2002, at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard in the Lodi City Council Chambers, Carnegie Forum, 305 W. Pine Street, Lodi, California. Posted June 6, 2002 SUSAN J�BLACKSTON CITY CLERK of the City of Lodi J.NCITYCLRK%FORMSWotcontpost.doc 66/02 • � V ' F / J �I� 1 fv t Q Fzz fu a� cC? aO LZ &0 � O) ! { C> N , U �� 'r i� Y Z �_ Jn N 1-4 a o U U w Z O cv O ONmO� N Ay J o LL 'O W 0 V" o J 1 v ■ Complete items t and/or 2 for additional services:a* 'v. "" `'es T Tkr' f PJ,F WP h w ■Complete items 3. 4a• and 4b. .print your name and address on the reverse of this form so that we can return this oll S extra fee). card to you. ■Attactr this form to the front of the mailpiece• or on the bark if space does rmf 1. ❑ Addressee's Address U y permit. ■ Write'Return Receipt Requested' on the mailpiece below the article number. 2. ❑ Restricted Delivery N y M =The Return Receipt will show to whom the article was delivered and the date Consult postmaster for fee_ D C 0 a delivered. o 3. Article Addressed to:cc C�'1('i �Y� O�Av�►n,Z. GIA(1llltg5 4a. Article Number `�tYJU 16`1(1 003X1-103141 o (ov►cx� vwE � �r� � r 4b. Service Type I^n ied% - p Registered ty}Q�t E",ft �5 3E6 p 0 Ex ressMail sured m Cr I 0 Return Receipt for Merchandise p COD p 7. Date of Deliver/ry / C. O 5. Re ived BV: tint me) 8. Addressee's Address (Only if requested w C I and fee is paid) M g 6. Signature: (Addressee or Agent) o T X H PS Form 3811, December 1994 Domestic Return Receipt ..F.�►Sf-ClasS Mail UNITED STATES POSTAL SERVICE .I USPS Postage & Fees Paid ... ,, •-- .hermit No. G-10•• • • Print your name,;�tddress, and ZIP COdein tMisbOX-• I S QS A() L-od P.O. Loa MAILING LIST Set Public Hearing for June 5, 2002 to consider appeal from Chris and Pauline Gianulias regarding Notice and Order to Repair for the property located at 100 N. Cherokee Lane, Lodi Owners of Record: Chris and Pauline Gianulias 3220 Province Towne Court Modesto, CA 95355 Property Tenants: Franco's Pizza 100 N. Cherokee Lane Suite #1 Lodi, CA 95240 Valley Telephone 100 N. Cherokee Lane Suite #2 Lodi, CA 95240 APNA Mart 100 N. Cherokee Lane Suite #3 Lodi, CA 95240 Havatan 100 N. Cherokee Lane Suite #6 Lodi, CA 95240 Note: Suites 4 & 5 are either vacant or combined and therefore have not been designated as a part of this mailing list at the direction of the Community Improvement Manager. MAILING LIST Set Public Hearing for June 5, 2002 to consider appeal from Chris and Pauline Gianulias regarding Notice and Order to Repair for the property located at 100 N. Cherokee Lane, Lodi Owners of Record: Chris and Pauline Gianulias 3220 Province Towne Court Modesto, CA 95355 Proaertv Tenants: Franco's Pizza 100 N. Cherokee Lane Suite #1 Lodi, CA 95240 Valley Telephone 100 N. Cherokee Lane Suite #2 ' Lodi, CA 95240 APNA Mart 100 N. Cherokee Lane Suite #3 Lodi, CA 95240 Havatan 100 N. Cherokee Lane Suite #6 Lodi, CA 95240 Note: Suites 4 & 5 are either vacant or combined and therefore have not been designated as a part of this mailing list at the direction of the Community Improvement Manager. MAILING LIST Set Public Hearing for June 5, 2002 to consider appeal from Chris and Pauline Gianulias regarding Notice and Order to Repair for the property located at 100 N. Cherokee Lane, Lodi Owners of Record: Chris and Pauline Gianulias 3220 Province Towne Court Modesto, CA 95355 Proaerty Tenants: Franco's Pizza 100 N. Cherokee Lane Suite #1 Lodi, CA 95240 Valley Telephone 100 N. Cherokee Lane Suite #2 Lodi, CA 95240 APNA Mart 100 N. Cherokee Lane Suite #3 Lodi, CA 95240 Havatan 100 N. Cherokee Lane Suite #6 Lodi, CA 95240 Note: Suites 4 & 5 are either vacant or combined and therefore have not been designated as a part of this mailing list at the direction of the Community Improvement Manager.