HomeMy WebLinkAbout2015-07-28; City Council; 22055; Approve Cost Assessments AbatementAB# 22,055
DATE 7/28/15
DEPT. FIRE
CITY OF CARLSBAD-AGENDA BILL
ADOPTION OF RESOLUTION TO APPROVE COST
ASSESSMENTS FOR ABATEMENT AND DIRECTING CITY
CLERK TO FILE A CERTIFIED COPY OF THE RESOLUTION
WITH THE SAN DIEGO COUNTY AUDITOR
CITY ATIV.
CITY MGR.
RECOMMENDED ACTION:
1. City Council hears the objections of property owners concerning costs of weed abatement activity on
their properties.
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2. Adopt Resolution 2015-206 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, 2015.
ITEM EXPLANATION:
In Exhibit 3 of the Council's Resolution 2015-067 dated April 21, 2015, staff was directed to search 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 review and approval.
At the direction of the fire department, the city's weed abatement contractor abated hazards on ten {10)
parcels, one of which is undivided interests, thus abatement was achieved primarily by means of mowing
and hand labor. The contractor's fees per abated parcel range from $128.00 to $1,392.00 with an
average of $476.29. Four (4) 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 $160.00. 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 the privately owned parcels are recoverable through a
special assessment on each property owner's property tax bill.
DEPARTMENT CONTACT: Randy Metz 760-602-4661 Randy.Metz@carlsbadca.gov
FOR CLERK USE. ri COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC D
DENIED D CONTINUED TO DATE UNKNOWN D
CONTINUED D RETURNED TO STAFF D
WITHDRAWN D OTHER-SEE MINUTES D
AMENDED D REPORT RECEIVED D
WEED ABATEMENT-PUBUC HEARING TO HEAR OBJECTIONS TO RESOLUTION TO APPROVE COST ASSESSMENTS FOR ABATEMENT AND DIRECTING CITY
CLERK TO FILE A CERTIFIED COPY OF THE RESOLUTION WITH THE SAN DIEGO AUDITOR
JULY28,2015
PAGE 2 OF 2
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 reasonable foreseeable indirect physical change in the environment, and therefore does not require
environmental review.
PUBLIC NOTIFICATION:
Information regarding public notifications of this item such as mailings, public hearing notices posted in the
newspaper and on the City website are available in the Office ofthe City Clerk.
EXHIBITS;
1. Resolution 2015-206 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,
2015.
2. Weed Abatement Accounting (Private Lots) May 15, 2015 to July 18, 2015.
3. Certification of Fixed Charge Special Assessments.
4. Fixed Charge Special Assessment.
Exhibit 1
1 RESOLUTION NO. 2015-206
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.
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WHEREAS, on March 24, 2015, this City Council adopted Resolution No. 2015-067
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. 2014-067, directing the Fire Chief to abate
12 the nuisance by removal of the weeds, rubbish, and refuse on the real property described in
said resolution; and
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WHEREAS, California State Government Code section 39560, et. Seq., requires that a
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report of the cost of such abatement be submitted to the City Council for consideration and
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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
1^ 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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24 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
25 California, as follows that:
" 1. The above recitations are true and correct.
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That the abatement work, the report submitted to this Council, and the postings
ofthe Notice of Time and Hearing on said report were duly and regularly performed
in the manner and time required by law.
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 ofthe amounts
set forth therein are hereby assessed against the parcel of real property shown with
said sum and shall constitute a special assessments and a lien against such parcel of
land.
The City Clerk is hereby directed to forward a certified copy of this Resolution,
together with a copy of said report to the Office of the San Diego County Auditor on
or before August 10, 2015.
1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council ofthe City
2 of Carlsbad on the 28th day of July, 2015, by the following vote to wit:
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AVES: Council Members Hall, Blackburn, Schumacher, Wood, Packard.
NOES: None.
ABSENT: None.
MATT HALL, Mayor
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EXHIBIT 3
July 28, 2015
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 XIIIC and D ofthe
Constitution of the State of California that the total number of parcels subject to Fixed
Charge Special Assessments and the dollar amount by fund 2015/16 are as Iisted
below:
Fund No. Count Amount
601004 10 $6,362.97
Certified by:
Barbara Engleson
City Clerk
FIXED CHARGE SPECIAL ASSESSMENT
INPUT FORMAT FOR TYPEWRITTEN LIST
Exhibit 4
07/28/2015
City: City of Carlsbad Submitted By: Cristina Wilson
Type of Assessment: Weed Abatement Telephone No:_ 760-602-4665
Fund Number: 601004 FAX No. 760-602-8561
E-mail Address: christina.wilson@carlsbadca.Rov
PARCEL NUMBER AMOUNT TOR STATE ROLL
ONLY*
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 $ 814.60
215 370 28 S 1,204.00
215 492 16 S 1,552.00
216 160 18 $ 356.00
216 360 09 $ 617.38
223 120 01 $ 302.33
223 120 02 $ 302.33
223 120 03 S 302.33
223 130 50 s 288.00
216 124 26 01 $ 312.00
216 124 26 02 $ 312.00
Total $ 6,362.97
AFFIDAVIT OF MAILING
NOTICE OF PUBLIC HEARING
TO: CITY CLERK
DATE OF PUBLIC HEARING: 7};>-.s-f-::::
SUBJECT: IAfee~ ~ ~smek.
LOCATION: ./~Oo C:w{~ V( C~e~ [)v, acrsbaci--
DATE NOTICES MAILED TO PROPERTY OWNERS: N/A. · •
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
SENT TO FOR PUBLIC
PUBLICATION DATE:
ION VIA E-MAIL TO:J2f.Union Tribune . )g.~
0 CoastNews
Union Tribune f1 1jrs <S: J/~¥Js
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
00~ .
Date: 7 /q_ /r S t/
Attachments: 1) Mailing Labels
2) Notice w/ attachments
~~/ (Signature) . u
i
PROOF OF PUBLICATION
(2010 & 2011 C.C.P.)
STATE OF CALIFORNIA
County of San Diego
This space is for the County Clerk's Filing Stamp
I am a citizen of the United States and a resident Proof of Publication of
~~e Coun~ afure~id: I am over ~e~~~n~~-n~f~~~~~~~~~~~~~~~~~~~~~~
eighteen years and not a party to or intere
the above-entitled matter. I am the princip NOTICE OF PUBLIC HEARING
of the printer of
The San Diego Union Tribune
Formerly known as the North Coun~ Tim
UT North Coun~ and which newspaper ha
adjudicated as a newspaper of general eire
by the Superior Court of the Coun~ of San
State of California, for the Ci~ of Oceansi
the Ci~ of Escondido, Court Decree n
171349 & 172171, for the Coun~ of San
that the notice of which the annexed is a
copy (set in ~pe not smaller than nonparit
been published in each regular and entire i
said newspaper and not in any supplement
on the following dates, to-wit:
July 17th & 22"d, 2015
I certify (or declare) under penal~ of perjL
the foregoing is true and correct.
Dated at Oceanside, California
On This 22"d, of July 2015
Jane Allshouse
The San Diego Union Tribune
Legal Advertising
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 28, 2015, 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, 2015.
Those persons wishing to speak on this proposal are cordially invited to
attend this public hearing. Copies of the agenda bill will be available on
and after July 24, 2015. If you have any questions, please contact Fire
Marshal Randy Metz in the Fire Department at (760)-602-4661 or
randy.metz@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 17, 2015 and JULY 22, 2015.
CITY OF CARLSBAD CITY COUNCIL