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Home My WebLink About2009-08-04; City Council; 19920; Weed abatement cost assessmentsCITY OF CARLSBAD - AGENDA BILL AB# 19.920 MTG. 8/4/09 DEPT. FIR WEED ABATEMENT COST Jl c*f+r~f*f***mTf*ASSESSMENTS DEPT. HEAD i^^ CITYATTY. /// CITY MGR. n.i^- RECOMMENDED ACTION: 1. City Council to hear objections of property owners concerning costs of weed abatement activity on their properties. 2. Adopt Resolution No. 2009-202 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, 2009. ITEM EXPLANATION: Council's Resolution 2009-078 (Exhibit 3) dated April 21, 2009, directed staff to inspect 250 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 eleven (11) parcels. Abatement was achieved primarily by means of mowing and hand labor. The contractor's fees range from $94.10 to $1,588 and average $461.72. Three (3) 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 $149. 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. 2009- 202 Resolution 2009-062. Resolution 2009-078. Weed Abatement Accounting (Private Lots) May 15, 2009 through July 17, 2009. DEPARTMENT CONTACT: James Weigand 760-602-4661 iweig@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D D P CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D 1 RESOLUTION NO.2009-202 2 A RESOLUTION OF THE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 4 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 4, 2009, this City Council adopted Resolution No. 2009-062 7 (Exhibit 2) pursuant to Government Code Sections, 39501 through Section 39588 ° declaring weeds, rubbish, and refuse on the real property described therein to be a public nuisance; and 10 WHEREAS, pursuant to said resolution, a hearing was held by said City Council, 11 and thereafter said City Council adopted Resolution No. 2009-078 (Exhibit 3), directing 12 the Fire Chief to abate the nuisance by removal of the weeds, rubbish, and refuse on . 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 23 any matter relating to said abatement work; and 25 WHEREAS, all persons desiring to be heard have been heard by this City 26 Council. 27 // 28 1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 2 California, as follows: 3 1. That the above recitations are true and correct. 4 2. That the abatement work, the report submitted to this Council, and the 5 posting of the Notice of Time and Hearing on said report were duly and 6 regularly performed in the manner and time required by law. g 3. That all protests 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, 12 and by this reference made a part hereof, is hereby confirmed, and each 13 of the amounts set forth therein are hereby assessed against the parcel of 14 real property shown with said sum and shall constitute a special 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, 2009. 20 „ 21 // 22 23 24 25 26 " 27 // 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 4th day of August, 2009, by the following vote to wit: AYES: Council Members Lewis, Hall, Packard and Blackburn NOES: None. ABSENT: Council Member Kulchin X) /\ / / /] IV/ / 1lmM(t xO/ / / ryi^/r^ ^L^UDFA LEWIS, Mayor ATTEST: t, ( fY^-r^Wf ^,^f~ £#<&-L- U9RFtolM=/<dJrt/C>OiyCity Clerk V (SEAL) ^V-SBAo'' =o:^^m ',, &^o == >\v£»P/» = ^^SBPVx,*> EXHIBIT 2 1 RESOLUTION NO. 2009-062 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 JQ months of the year; 11 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 12 Carlsbad. California as follows: 13 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 Chapter 13, Weed and Rubbish Abatement).1 o 19 3. Words used in this Resolution and its subsequent action in connection 20 herewith shall be defined as outlined in said code sections. 21 4. The City Council of the City of Carlsbad hereby declares as public 22 nuisances, weeds, rubbish and refuse upon those certain parcels of 23 private property in the City of Carlsbad described on Exhibit 3, attached 24 hereto and by this reference incorporated herein. 25 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 28 5" 1 will be held in the City Council Chambers at 1200 Carlsbad Village Drive, 2 Carlsbad, California on April 21, 2009, at 6:00 p.m. to consider property owners responses to said proposed removal of weeds, rubbish and refuse. 5 6. The City Clerk of the City of Carlsbad is hereby directed to mail written 6 notices of the proposed abatement of said nuisance to all persons owning the property described in the Resolution. o 9 7. The Fire Chief of the City of Carlsbad is hereby designated to perform the 10 duties imposed by the California Government Code Section 39560, et seq. // 12 // 13 // 14 15 16 17 ,8 " 19 // 20 // 21 // 22 // 23J 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 7th day of April, 2009, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. ATTEST: /ORRAYNE M. /(SEALW LXJLf^^, City Clerk Q 7 EXHIBIT 3 1 RESOLUTION NO. 2009-078 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 21, 2009, the City Council did herein consider 6 all objections to the proposed removal of weeds, rubbish and refuse on certain property 1 located within the City of Carlsbad; and8 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 said objections, if any, except as follows: 12 13 14 15 16 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 17 Carlsbad, California, as follows:18 , o 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. 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 21st day of April, 2009, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. ATTEST: EXHIBIT 4 Carlsbad Fire Department Weed Abatement Accounting (Private Lots) May 15, 2009 through July 17, 2009 1 2 3 4 5 6 7 8 9 10 11 12 13 Address 1671011900 Thompson Corp 7668 El Camion Real #104-463 Carlsbad, Ca 92029 2061920700 B W LIVING TRUST 08-10-88 C/0 BETTY WOOD PO BOX 2794 BEVERLY HILLS CA 9021 3 2144715300 GUTIERREZ DAVID G&MICHELE L CIO COTTAGE DEVELOPMENT 209 AVENIDA DEL MAR *204 SAN CLEMENTE CA 92672 2153702800 ORLOVA NATALJYA 13617VALERIOST#C VAN NUYSCA 91405 2154914601 KOZICKI FAMILY COMMUNITY PROPERTY TRUST 7231 EL FUERTE ST CARLSBAD CA 92009 2154914602 KOZICKI FAMILY COMMUNITY PROPERTY TRUST 7231 EL FUERTE ST CARLSBAD CA 92009 2154914701 KOZICKI FAMILY COMMUNITY PROPERTY TRUST 7231 EL FUERTE ST CARLSBAD CA 92009 2154914702 KOZICKI FAMILY COMMUNITY PROPERTY TRUST 7231 EL FUERTE ST CARLSBAD CA 92009 2161600500 ISLASJOSEL PO BOX 232488 ENCINITAS CA 92023 21629020 ABEDI FAMILY TRUST 22892 OCEANBREEZE WAY LAGUNA NIGUEL CA 92677 21629021 ABEDI FAMILY TRUST 22892 OCEANBREEZE WAY LAGUNA NIGUEL CA 92677 2231305000 NOVELLO GENE N&SHEILA N 7901 E DAVENPORT OR SCOTTSDALE AZ 85260 2154921600 SANTISTEVAN DAVID R 4660 LA JOLLA VILLAGE DR #200 SAN DIEGO CA 921 22 Totals Mow SizelAmt 2.5 ac ELot D 5.27 ac E Lot N/A N/A N/A N/A N/A A B C B 1.1 ac ELot Mow Dollar Ami $150.00 $65.00 $316.12 $45.00 $50.00 $60.00 $50.00 Mulch 1 6 Mulch Dollar Amt $40.00 $240.00 Mow Mrs 1.50 1.50 1.50 2.00 Mow Dollar Arm $45.00 $45.00 $45.00 $60.00 Hand Work SqFt 7,600 16,560 5,000 7,680 6,080 6,080 26,750 26,750 7,000 1,575 1,900 1,800 3,200 Hand Dollar Amt $214.50 $463.68 $140.00 $215.40 $235.50 $235.50 $749.00 $749.00 $196.00 $44.10 $53.20 $50.40 $89.60 Hand Hr 16 Hand Work Dollar Amt $432.00 Contract Charges $364.50 $528.68 $456.12 $300.40 $235.50 $235.50 $794.00 $794.00 $241 .00 $94.10 $113.20 $100.40 $821.60 $5,079.00 Admin Charge $149.00 $149.00 $149.00 $149.00 $149.00 $149.00 $149.00 $149.00 $149.00 $149.00 $149.00 $149.00 $149.00 $1,937.00 Total Cost $513.50 $677.68 $605.12 $449.40 $384.50 $384.50 $943.00 $943.00 $390.00 $243.10 $262.20 $249.40 $970.60 $7,016.00 Actual Parcels Abated 11 (see note) Average per parcel cost $461.72 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 total charges were rounded to even cents for County Assessor Transmission Report Date/Time Local ID 1 Local ID 2 08-06-2009 7607206917 20:32:21 Transmit Header Text Local Name 1 Carlsbad City Clerk Local Name 2 This document: Confirmed (reduced sample and details below) Document size : 8.5"x11" FAX TRANSMISSION DATE: August 7,2009 TO: BECKY GREENE, OFFICE OF SAN DIEGO COUNTY TAX COLLECTOR FAX: (619)531-5168 FROM: Karen Kundtz, Assistant City Clerk City of Carlsbad Phone: (760)434-2917 FAX: (760)720-6917 RE: FIXED CHARGE SPECIAL ASSESSMENTS - WEED ABATEMENT 2009 Attached is the Certification of Fixed Charge Special Assessments and parcel list for the City of Carlsbad Weed Abatement for fiscal year 2009-2010. Please contact us with any questions. Thank you, Assistant City Clerk Total Pages Scanned : 3 Total Pages Confirmed : 3 No. 001 Job 223 Remote Station 6195315168 Start Time 20:30:42 08-06-2009 Duration 00:00:58 Pages 3/3 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 RP: Report G3: Group 3 EC: Error Correct City of Carlsbad Office of the City Clerk Records Management Department August 7, 2009 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 2009/10 are as listed below: Fund No. 601004 Count 13 Amount $7,015.52 Certified by: JEN Assistant City Clerk 12OO Carlsbad Village Drive • Carlsbad, CA 92OO8-1989 • (76O) 434-28O8 ATTACHMENT B FIXED CHARGE SPECIAL ASSESSMENT INPUT FORMAT FOR TYPEWRITTEN LIST City: City of Carlsbad Type of Assessment: Weed Abatement Fund Number: E-mail Address: Submitted B} Brenda Wardwell Telephone N 760-602-4665 FAX No. 760-602-8561 bward@ci.carlsbad.ca.us PARCEL NUMBER BOOK XXX 167 206 214 215 215 215 215 215 215 216 216 216 223 PAGE XXX 101 192 471 370 491 491 491 491 492 160 290 290 130 PARCEL XX 19 07 53 28 46 46 47 47 16 05 20 21 50 UNDIVIDED INTEREST XX 01 02 01 02 AMOUNT XX.XXX.XX 513.50 677.60 605.12 449.00 384.50 384.50 943.00 943.00 970.60 390.00 243.10 262.20 249.40 TOR STATE ROLL ONLY* TAX RATE AREA* xxxxx ASSESSEE NUMBER* xxxx AUDITOR'S USE ONLY X Total 7015.52 *AII State Roll (Utility Roll) items must show a tax rate area and assessee number (See Attachment D).