HomeMy WebLinkAbout2008-08-05; City Council; 19532; Weed Abatement Cost AssessmentsCITY OF CARLSBAD - AGENDA BILL
AB# 19,532
MTG. 8/5/08
DEPT. FIR
WEED ABATEMENT COST
A SSESSMEN TS
DEPT. HEAD /CZX
CITY ATTY. (§&
CITYMGR. (|/—
RECOMMENDED ACTION:
1. City Council to hear objections of property owners concerning costs of weed abatement
activity on their properties.
2. Adopt Resolution No. 2008-223 approving the cost assessments for abatement and
directing the City Clerk to file a certified copy of the Resolution with the San Diego County
Auditor on or before August 10, 2008.
ITEM EXPLANATION:
Council's Resolution 2008-111 (Exhibit 3) dated April 15, 2008, directed staff to inspect 256
undeveloped parcels for the presence of hazardous combustible material. For those parcels
found to be a public nuisance, the abatement is complete and the costs associated with it,
including the City's administrative fee, are herein submitted for Council approval.
The City's Weed Abatement Contractor, under the direction of the Fire Department, abated
hazards on fifteen (15) parcels. Abatement was achieved primarily by means of mowing and
hand labor. The contractor's fees range from $114 to $1,110 and average $501. Six (6)
parcels incurred an abatement charge in excess of $500.
Each parcel will be charged for the actual work performed by the City contractor, plus an
administrative fee of $145. The total amount per parcel will be forwarded to the County
Assessor for inclusion on the property tax bill.
FISCAL IMPACT:
All costs associated with the hazard abatement on privately owned parcels are recoverable.
EXHIBITS:
1.
2.
3.
4.
Resolution No.2008-223
Resolution 2008-091.
Resolution 2008-111.
Weed Abatement Accounting (Private Lots) May 15, 2008 through July 17, 2008.
DEPARTMENT CONTACT: James Weigand 760-602-4661 iweig@ci.carlsbad.ca.us
FOR CITY CLERKS
COUNCIL ACTION:
USE ONLY.
APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
•rnnn
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER - SEE MINUTES
D
D
D
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EXHIBIT 1
1 RESOLUTION NO. 2008-223
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, CONFIRMING THE REPORT
3 OF THE FIRE CHIEF SHOWING COST OF WEED
. ABATEMENT AGAINST EACH PARCEL OF LAND IN SAID
REPORT, CONFIRMING THE COST, AND PROVIDING
5 FOR COLLECTION ON THE REGULAR TAX BILL
6 WHEREAS, on April 1, 2008, this City Council adopted Resolution No. 2008-091
7 (Exhibit 2) pursuant to Government Code Sections, 39501 through Section 39588
8 declaring weeds, rubbish, and refuse on the real property described therein to be a
9 public nuisance; and
10 WHEREAS, pursuant to said resolution, a hearing was held by said City Council,
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and thereafter said City Council adopted Resolution No. 2008-111 (Exhibit 3), directing
12
the Fire Chief to abate the nuisance by removal of the weeds, rubbish, and refuse on13
the real property described in said resolution; and
15 WHEREAS, California State Government Code Section 39560, et. Seq., requires
16 that a report of the cost of such abatement be submitted to the City Council for
17 consideration and confirmation following a public hearing, and the Fire Chief has
18 provided and attached an accounting (Exhibit 4) and has submitted his accounting to
19 the Council for confirmation; and
20 WHEREAS, said accounting is attached herein and will be considered for
21
confirmation by this Council, at which time all protests and objections will be heard, and
22
this City Council will give persons at present an opportunity to be heard in respect to
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any matter relating to said abatement work; and
25 WHEREAS, all persons desiring to be heard have been heard by this City
26 Council.
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1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
2 California, as follows:
1. That the above recitations are true and correct.
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2. That the abatement work, the report submitted to this Council, and the
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posting of the Notice of Time and Hearing on said report were duly and6
regularly performed in the manner and time required by law.
8 3. That all protects and objections, other than those heretofore allowed and
9 deleted from said report, if any, were and are hereby overruled and
10 denied.
4. That said report, a copy of which is on file in the Office of the City Clerk,
and by this reference made a part hereof, is hereby confirmed, and each
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of the amounts set forth therein are hereby assessed against the parcel of
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real property shown with said sum and shall constitute a special15
assessment and a lien against such parcel of land.16
17 5. The City Clerk is hereby directed to forward a certified copy of this
18 resolution, together with a copy of said report to the Office of the San
19 Diego County Auditor on or before August 10, 2008.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 5th day of August. 2008, by the following vote to
wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard, Nygaard
NOES: None
ABSENT: None
ATTEST:
City Clerk
(SEAL)
EXHIBIT 2
1 RESOLUTION NO. 2008-091
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DECLARING AS PUBLIC
3 NUISANCES, WEEDS, RUBBISH AND REFUSE UPON
4 PRIVATE PROPERTY IN THE CITY OF CARLSBAD
5
WHEREAS, weeds, rubbish and refuse exist or are likely to exist on vacant
6
parcels throughout the City, and
7
WHEREAS, said weeds rubbish and refuse because of their combustibility,8
constitute a hazard to the safety of the public and to private property during the drier
10 months of the year;
1 1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
12 Carlsbad. California as follows:
1 . That the above recitations are true and correct.
14
2. That this Resolution, and all action taken subsequent hereto in connection
15
herewith, is taken pursuant to the provisions of California Government
16
Code Section 39560, et seq. (Article 2, Alternate Procedures under
18 Chapter 1 3, Weed and Rubbish Abatement).
19 3. Words used in this Resolution and its subsequent action in connection
20 herewith shall be defined as outlined in said code sections.
4. The City Council of the City of Carlsbad hereby declares as public
22 nuisances, weeds, rubbish and refuse upon those certain parcels of
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private property in the City of Carlsbad described on Exhibit 3, attached
24
hereto and by this reference incorporated herein.
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26 5. The City Council of the City of Carlsbad hereby declares its intention to
27 cause the removal of said weeds, rubbish and refuse. A public hearing
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1 will be held in the City Council Chambers at 1200 Carlsbad Village Drive,
2 Carlsbad, California on April 15, 2008, at 6:00 p.m. to consider property
3 owners to said proposed removal of weeds, rubbish and refuse.
4 6. The City Clerk of the City of Carlsbad is hereby directed to mail written
5
notices of the proposed abatement of said nuisance to all persons owning
6
the property described in the Resolution.
8 7. The Fire Chief of the City of Carlsbad is hereby designated to perform the
9 duties imposed by the California Government Code Section 39560, et seg.
10 Upon the superintendent.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 1st day of April, 2008, by the following vote to wit:
AYES:Council Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
LRRAIN&M. WOpD) City Clerk
(SEAL) / J ^r
7
EXHIBIT 3
1 RESOLUTION NO. 2008-111
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ORDERING THE FIRE CHIEF
3 TO ABATE NUISANCES BY HAVING WEEDS, RUBBISH
4 AND REFUSE REMOVED.
5
WHEREAS, at its meeting of April 15, 2008, the City Council did herein consider
6
all objections to the proposed removal of weeds, rubbish and refuse on certain property
7
located within the City of Carlsbad; and
o
9 WHEREAS, notice of said meeting was given to hear objections if any, to the
10 proposed removal of weeds, rubbish and refuse, and at the conclusion of the hearing
11 did overrule and said objections, if any, except as follows:
12 None.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
17
Carlsbad, California, as follows:18
19 1. That the above recitations are true and correct, and
20 2. The City Council of the City of Carlsbad does hereby direct the Fire chief
21 of the City of Carlsbad to abate the nuisances on the identified parcels as
22 described on Exhibit 3, attached hereto and by this reference incorporated
23 herein, except as stated above, by having the weeds, rubbish, and refuse
24 thereon removed.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 15th day of April, 2008, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
5LAUDE A LEWIS, Mayor
ATTEST:
LORRAlNfe M. WOpti, City Clerk
/SEAL)1-' ^
EXHIBIT 4
Carlsbad Fire Department
Weed Abatement Accounting (Private Lots) May 15, 2008 through July 17,2008
1
2
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Parcel f
167-101-19
206-172-05
206-172-06
206-172-07
206-192-07
214-471-53
215-370-28
215-440-19
215-491-46-01
215-491-46-02
215-491-47-01
215-491-47-02
215-492-16-00
216-124-24-00
216-290-09
216-290-20
216-290-21
223-130-50-00
223-250-12-00
Owner
Calavera Hills II, LLC
Sakaraia, Daljit & Elaine
Sakaraia, Daljit & Elaine
Sakaraia, Daljit & Elaine
BW Living Truct 08-10-88
Gutierrez, David G.
Shmidt Michael Orlova
Nataliya
Tu, Yayu L.
Craig. Lisa & Christian c/o
Bob Cissna
Craig, Lisa & Christian
Craig, Lisa & Christian c/o
Bob Cissna
Craig, Lisa & Christian
Stantistevan, David
Olvera, Stella
Muller, Mauro
Abedi Family Trust
Abedi Family Trust
Novello, Gene & Sheila
Ko Sung-Tao & Lin
TOTAL
Address
National City, CA
Orange, CA
Orange, CA
Orange, CA
Beverly Hills, CA
San Clemente, CA
Van Nuys, CA
Hindsdale, 11
Hollywood, CA
Long Beach, CA
Hollywood. CA
Long Beach, CA
San Diego, CA
Downey, CA
San Diego, CA
Laguna Niguel, CA
Laguna Niguel, CA
Scottsdale, AZ
Oak Brook, 11
Size
E
E
E
C
C
C
B
Malch
425.00
Mow
S.F.
Mow$
200.00
421.60
160.00
60.00
60.00
60.00
50.00
Mow
Hr
3.00
1.00
1.00
2.00
How$
135.00
45.00
45.00
90.00
Hand
Work 8.F.
7,660
7,000
5,540
4,500
16,560
5,000
4,500
10,460
11,400
11,400
21,500
21,500
3,200
11,500
3,100
1,575
1,900
1,800
29,625
Hand
Work$
275.76
252.00
199.44
162.00
596.16
180.00
162.00
376.56
410.00
410.00
774.00
774.00
115.20
414.00
111.60
56.70
68.40
64.80
1,066.50
Hand
Work Hr
4
6
2
1.5
1.5
16
4
2
Hand
Work$
120.00
180.00
60.00
45.00
45.00
480.00
120.00
60.00
Rubbish
Hani
Rnbblsh
Hani $
60.00
120.00
contract
Charges
$475.76
$252.00
$199.40
$342.00
$911.16
$610.60
$322.00
$436.50
$455.00
$455.00
$819.00
$819.00
$1,110.20
$654.00
$231.60
$116.70
$128.40
$114.80
$L0605Q
$9,519.62
Admin
Charges
$145.00
$145.OO
$145.00
$145.00
$145.00
$145.00
$145.00
$145.00
$145.00
$145.00
$145.00
$145.00
$145.00
$145.00
$145.00
$145.00
$145.00
$145.00
$145.00
$2,755.00
Total
Charges
$620.76
$397.OO
$344.4O
$487.00
$1,056.16
$755.60
$467.00
$581.50
$600.00
$600.00
$964.00
S964.OO
$1,255.20
$799.00
$376.60
$261.70
$273.40
S259.8O
$1.211.50
$12,274.62
w
Actual Parcels Abated 15. (see note)Average per parcel cost $501.03
Note: For Parcel Numbers 215-491-47 and 215-491-46 per the County Assessor Offices, total charges were divided by two(2) to accommodate property partnership
The totalcharges were round to even cents for County Assessor
Transmission Report
Date/Time
Local ID 1
Local ID 2
08-07-2008
7607206917
12:31:38p m Transmit Header Text
Local Name 1 City of Carlsbad/Clerk
Local Name 2
This document : Confirmed
(reduced sample and details below)
Document size : 8.5"x11"
DATE:
TO:
FAX:
City of Carlsbad
FAX TRANSMISSION
August 7.2008
Becky Greene (a). Property Tax Services
(619>531-5168
FROM: Sheila Cobian. Deputy City Clerk
Phone: 760-434-2927
Fax: 760-720-6917
PAGES FAXED INCLUDING COVER PAGE[ 2 ]
CERTIFICATION OF FIXED CHARGE SPECIAL ASSESSMENTS
1200 Carlsbad Village Drive • Carlsbad, California 92008-1989 • (760) 434-2808
Total Pages Scanned : 2 Total Pages Confirmed : 2
No
001
Job
461
Remote Station
6195315168
Start Time
12:31 :00pm 08-07-2008
Duration
00:00:36
Pages
2/2
Line
1
Mode
EC
Job Type
HS
Results
CP14400
Abbreviations
HS: Host send
HR: Host receive
WS: Waiting send
PL: Polled local
PR: Polled remote
MS: Mailbox save
MP Mailbox print
CP Completed
FA Fail
TU: Terminated by user
TS: Terminated by system G3: Group 3
RP Report EC: Error Correct
City of Carlsbad
Office of the City Clerk
Records Management Department
ATTACHMENT E
August 7, 2008
County of San Diego
Auditor and Controller
Property Tax Services
1600 Pacific Coast Highway, Room 077
San Diego, CA 92101
CERTIFICATION OF FIXED CHARGE SPECIAL ASSESSMENTS
This letter certifies that according to the records of the City of Carlsbad, that all
assessments and special taxes are in compliance with Article XI11C and D of the
Constitution of the State of California that the total number of parcels subject to Fixed
Charge Special Assessments and the dollar amount by fund 2008/09 are as listed
below:
Fund No.
601004
Amount
$12,274.02
Certified by:
KateriR
Assistant City Clerk
12OO Carlsbad Village Drive • Carlsbad, CA 92OO8-1989 • (76O) 434-28O8
City of Carlsbad
Office of the City Clerk
Records Management Department
August 6, 2008
County of San Diego
Auditor and Controller
Property Tax Services
1600 Pacific Coast Highway, Room 077
San Diego, CA92101
REPORT CONFIRMING COST OF WEED ABATEMENT FOR COLLECTION
ON TAX BILL
Enclosed for your information is a certified copy of Resolution No. 2008-223 and
Exhibit 4 (Weed Abatement Accounting - Private Lots), which was adopted by
the Carlsbad City Council at their meeting on August 5, 2008.
TZ, CMC
Assistant City Clerk
Enclosure
12OO Carlsbad Village Drive • Carlsbad, CA 92OO8-1989 • (76O) 434-2808