HomeMy WebLinkAbout2014-07-22; City Council; 21705; Approve Cost Assessments for Abatement, File Copy with San Diego County AuditorCITY OF CARLSBAD - AGENDA BILL 23
ADOPTION OF RESOLUTION TO
APPROVE COST ASSESSMENTS FOR
ABATEMENT AND DIREaiNG CITY
CLERK TO FILE A CERTIFIED COPY OF
THE RESOLUTION WITH THE SAN
DIEGO COUNTY AUDITOR
DEPT.DIRECTOR
CITY ATTY.
CITY MGR.
RECOMMENDED ACTION:
1. City Council hears the objections of property owners concerning costs of weed abatement activity on
their properties.
2. Adopt Resolution 2014-196 approving the cost assessments for abatement and directing the City
Clerk to file a certified copy ofthe Resolution with the San Diego County Auditor on or before August
10, 2014.
ITEM EXPLANATION;
In Exhibit 3 ofthe Council's Resolution 2014-076 dated April 22, 2014, staff was directed to search forthe
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 review and approval.
At the direction ofthe Fire department, the city's weed abatement contractor abated hazards on eight
(8) parcels, three of which are undivided interests, thus abatement was achieved primarily by means of
mowing and hand labor. The contractor's fees per abated parcel range from $274.00 to $1,850.00 with
an average of $955.36. Six (6) parcels incurred abatement charges in excess of $500.00.
Each parcel will be charged for the actual work performed by the city's contractor, plus an administrative
fee of $158.00. The total amount per parcel will be forwarded to the County Assessor for inclusion on
the property tax bill.
DEPARTMENT CONTACT: Mike Lopez 760-931-2123 mike.lopez@carlsbadca.gov
FOR CLERK USE. X COUNCIL AaiON: APPROVED X CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUEDTO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER- SEE MINUTES •
AMENDED • REPORT RECEIVED •
Page 2
FISCAL IMPACT;
All costs associated with the hazard abatement on the privately owned parcels are recoverable, through
a special assessment on each property owner's property tax bill.
ENVIRONMENTAL IMPACT;
Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the
meaning of CEQA in that it has no potential to cause either a direct physical change in the environment,
or a reasonably foreseeable indirect physical change in the environment, and therefore does not require
environmental review.
EXHIBITS:
1. Resolution 2014-196 approving the cost assessments for abatement and directing the City
Clerk to file a certified copy ofthe Resolution with the San Diego County Auditor on or before August
10, 2014.
2. Weed Abatement Accounting (Private Lots) May 15, 2014 to July 14, 2014.
3. Certification of Fixed Charge Special Assessments.
4. Fixed Charge Special Assessment.
Exhibit 1
1 RESOLUTION NO. 2014-196
8
9
10
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, CONFIRMING THE REPORT OF THE FIRE CHIEF
SHOWING COST OF WEED ABATEMENT AGAINST EACH PARCEL OF
4 LAND IN SAID REPORT, CONFIRMING THE COST, AND PROVIDING
FOR COLLECTION ON THE REGULAR TAX BILL
5 "
^ WHEREAS, on March 25, 2014, this City Council adopted Resolution No. 2014-050
7
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
WHEREAS, pursuant to said resolution, a hearing was held by said City Council, and
11 thereafter said City Council adopted Resolution No. 2014-076, directing the Fire Chief to abate
12 the nuisance by removal of the weeds, rubbish, and refuse on the real property described in
13
said resolution; and
WHEREAS, California State Government Code section 39560, et. Seq., requires that a
15
report of the cost of such abatement be submitted to the City Council for consideration and
16
confirmation following a public hearing, and the Fire Chief has provided and attached an
18 accounting and has submitted his accounting to the Council for confirmation; and
19 WHEREAS, said accounting is attached herein and will be considered for confirmation by
this Council, at which time all protests and objections will be heard in respect to any matter
relating to said abatement work; and
WHEREAS, all persons desiring to be heard have been heard by this City Council.
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1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
^ California, as follows that:
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1. The above recitations are true and correct.
4
That the abatement work, the report submitted to this Council, and the postings
5
ofthe Notice of Time and Hearing on said report were duly and regularly performed
6
7 in the manner and time required by law.
8 3. That all protests and objections, other than those heretofore allowed and
^ deleted from said report, if any, were and are hereby overruled and denied.
That said report, attached herein, is hereby confirmed, and each of the amounts
11
set forth therein are hereby assessed against the parcel of real property shown with
12
said sum and shall constitute a special assessments and a lien against such parcel of
14 land
15 5. The City Clerk is hereby directed to forward a certified copy of this Resolution,
together with a copy of said report to the Office ofthe San Diego County Auditor on
or before August 10, 2014. 17
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 22nd day of July 2014, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Schumacher, Blackburn.
None.
ABSENT: None.
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, C'ify Clerk
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EXHIBIT 3
July 14, 2014
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 XlilC and D ofthe
Constitution ofthe State of California that the total number of parcels subject to Fixed
Charge Special Assessments and the dollar amount by fund 2014/15 are as listed
below:
Fund No. Count Amount
601004 8 $7,962.90
Certified by:
Barbara Eng
City Clerk
City: City of Carlsbad
Type of Assessment: Weed Abatement
Fund Number: 601004
Exhibit 4
07/14/2014
FIXED CHARGE SPECIAL ASSESSMENT
INPUT FORMAT FOR TYPEWRITTEN LIST
Submitted By: Christina Wilson
Telephone No:_ 760-602-4665
FAX No. 760-602-8561
-mail Address: christina.wilson@carlsbadca.qov
PARCEL NUMBER AMOUNT *FOR STA
ON
TE ROLL
LY*
AUDITOR'S
USE
ONLY
BOOK PAGE PARCEL UNDIVIDED
INTEREST
TAX RATE
AREA*
ASSESSEE
NUMBER*
XXX XXX XX XX XX,XXX.XX XXXXX XXXX X
206 192 07 $ 1,276.60
207 100 48 $ 1,850.00
214 023 04 $ 274.00
215 492 16 $ 1,086.00
223 130 50 $ 286.00
215 491 46 01 $ 502.65
215 491 46 02 $ 502.65
215 491 47 01 $ 781.50
215 491 47 02 $ 781.50
216 124 26 01 $ 311.00
216 124 26 02 $ 311.00
Total $ 7,962.90
PROOF OF PUBLICATION
(2010 & 2011 CCP.)
This space is for the County Clerk's Filing Stamp
STATE OF CALIFORNIA
County of San Diego
I am a 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
UT - North County
Formerly known as the North County Times and
which newspaper has been adjudicated as a
newspaper of general circulation by the Superior
Court of the County of San Diego, State of
California, for the City of Oceanside and the City of
Escondido, Court Decree numbers 171349 &
172171, for the County of San Diego, that the
notice of which the annexed is a printed copy (set
in type not smaller than nonpariel), has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to-wit:
Proof of Publication of
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you, that the City
Council of the City of Carlsbad will hold a public hearing at the Council Chamber, 1200 Carlsbad Vil-
lage Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, July 22, 2014, to hear objections of proper-
ty owners concerning costs of weed abatement activity on their properties, and to approve the cost assessments for abatement
and directing the City Clerk to file a certified copy of the Resolu-tion with the San Diego County Auditor on or before August 10,
2014.
Those persons wishing to speak on this proposal are cordially in-vited to attend this pubiic hearing. Copies of the agenda bill will
be available on and after July 18, 2014. If you have any ques-tions, please contact Mike Lopez in the Fire Department at
(760)-931-2123 or mike.lopez@carlsbadca.gov. If you challenge the Weed Abatement Resolution 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 of Carlsbad, Attn: City Clerk's office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008,
at or prior to the public hearing.
CASE NAME: WEED ABATEMENT PUBLISH: JULY 16, 2014
CITY OF CARLSBAD, CITY COUNCIL Pub: July 16, 2014
July 16*^ 2014
I certify (or dedare) under penalty of perjury that
the foregoing is true and correct.
Dated at Oceanside, California
On This 16*^ dayOuly 2014
\
Jane Allshouse
UT NORTH COUNTY
Legal Advertising
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you, that the City Council of the City of Carlsbad will hold a public
hearing at the Council Chamber, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m.
on Tuesday, July 22, 2014, to hear objections of property owners concerning costs of weed
abatement activity on their properties, and to approve 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, 2014.
Those persons wishing to speak on this proposal are cordially invited to attend this public
hearing. Copies ofthe agenda bill will be available on and after July 18, 2014. Ifyou have any
questions, please contact Mike Lopez in the Fire Department at (760)-931-2123 or
mike.lopez@carlsbadca.gov.
If you challenge the Weed Abatement Resolution 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 of Carlsbad, Attn: City Clerk's office, 1200
Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing.
CASE NAME: WEED ABATEMENT
PUBLISH: JULY 16, 2014
CITY OF CARLSBAD
CITY COUNCIL
091-9/09 l-S® '^•'8'\V aiqpdiuoo LULU /g x muj gg IBLUJO^ ap awsnbiQ
09l.8/09|.g®'^J8AVl|l!M9|q!}EC!LUOO„8/S2X.,1.8Z|S|8qB| ;
B W LIVING TRUST 08-10-88
C/O BETTY WOOD
P O BOX 2794
BEVERLY HILLS CA 90213
5HAYAN CAPITAL LLC
24933 ARIELLA DR
CALABASAS, CA 91302
WANG LIVING TRUST 07-20-06
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STONY BROOK, NY 11790
SANTISTEVAN DAVID R
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SAN DIEGO, CA 92122
NOVELLO GENE N&SHEILA N
7901 E DAVENPORT DR
SCOTTSDALE AZ 85260
KOZICKI FAMILY COMMUNITY PROPERTY
TRUST
7231 EL FUERTE ST
CARLSBAD CA 92009
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KOZICKI FAMILY COMMUNITY PROPERTY
TRUST
7231 EL FUERTE ST
CARLSBAD CA 92009
V
OLVERA, STELLA
13132 BLODGETTAVE
DOWNEY, CA 90242
City Clerk
1200 Carlsbad Village Drive
Carlsbad, CA 92008
• - • • • I ~
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Etiqiuette de format 25 mm x 67 mm compatible avec Avery ®5160/8160
AFFIDAVIT OF MAIUNG
NOTICE OF PUBLIC HEARING
TO: CITY CLERK
DATE OF PUBLIC HEARING: 7/C3<5L//^
SUBJECT: S^JetTcL^ At^gAvi^grCC
LOCATION: IdOD GvAdoadU K/dia^^ Z>cV(f>
DATE NOTICES MAILED TO PROPERTY OWNERS; ^/fH^/fH-
NUMBER MAILED: ^
I declare under penalty of perjury under the laws of the State of California that I am
employed by the City of Carlsbad and the foregoing is true and correct.
CITY CLERK'S OFFICE
(Signature) ^ (Ddte) '
SENT TO FOR PUBLICATION VIA E-MAIL TO: iQ^Union Tribune
I I Coast News
PUBLICATION DATE: Union Tribune,
Coast News
I declare under penalty of perjury under the laws of the State of California that I am
employed by the City of Carlsbad in the City Clerk's Office and the foregoing is true and
correct.
Date: r^^f^TUrr^ J^^A.^
' ' (Signature) TT
Attachments: 1) Mailing Labels
2) Notice w/ attachments