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HomeMy WebLinkAbout2016-07-26; City Council; 22369; 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 AssessorCITY OF CARLSBAD-AGENDA BILL AB# 22,369 ADOPTION OF RESOLUTION TO APPROVE COST DEPT. DIRECTOR DATE 7/26/16 ASSESSMENTS FOR ABATEMENT AND DIRECTING CITY CITY ATTY. /2-v<:_ CLERK TO FILE A CERTIFIED COPY OF THE RESOLUTION DEPT. FIRE WITH THE SAN DIEGO COUNTY ASSESSOR CITY MGR. ~t-v RECOMMENDED ACTION: 1. City Council hears the objections of property owners concerning costs of weed abatement activity on their properties. 2. Adopt a Resolution approving the cost assessments for abatement and directing the City Clerk to file a certified copy of the Resolution with the San Diego County ASSESSOR on or before August 10, 2016. ITEM EXPLANATION: In Exhibit 3 of the Council's Resolution 2016-077 dated April 26, 2016, 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 eight (8) parcels, one (1) of which was an undivided interest. Abatement was achieved primarily by means of mowing and hand labor. The contractor's fees per abated parcel range from $291.00 to $1,855.00 with an average of $707.33. Five (5) 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 $163.00. 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. ~ COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC D DENIED CONTINUED TO DATE UNKNOWN D CONTINUED D RETURNED TO STAFF D WITHDRAWN D OTHER-SEE MINUTES D AMENDED D REPORT RECEIVED D Item #21 - AB #22,369 July 26, 2016 Page 1 of 8 ADOPTION OF RESOLUTION TO APPROVE COST ASSESSMENTS FOR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 ASSESSOR July 26, 2016 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 of the City Clerk. EXHIBITS: 1. A Resolution approving the cost assessments for abatement and directing the City Clerk to file a certified copy of the Resolution with the San Diego County Assessor on or before August 10, 2016. 2. Weed Abatement Accounting (Private Lots) May 15, 2016 to July 15, 2016. 3. Certification of Fixed Charge Special Assessments. 4. Fixed Charge Special Assessment. 2 Item #21 - AB #22,369 July 26, 2016 Page 2 of 8 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 RESOLUTION NO. 2016-166 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 LAND IN SAID REPORT, CONFIRMING THE COST, AND PROVIDING FOR COLLECTION ON THE REGULAR TAX BILL. EXHIBIT 1 WHEREAS, on March 22, 2016 this City Council adopted Resolution No. 2016-056 pursuant to Government Code Sections 39501 through Section 39588 declaring weeds, rubbish, and refuse on the real property described th erein to be a public nuisance; and WHEREAS, pursuant to said resolution, a hearing was held by said City Council, and thereafter said City Council adopted Resolution No. 2016-077, directing the Fire Chief to abate the nuisance by removal of the weeds, rubbish, and refuse on the real property described in said resolution; and WHEREAS, California State Government Code Section 39560, et. Seq., requires that a report of the cost of such abatement be submitted to the City Council for consideration and confirmation following a public hearing, and the Fire Chief has provided and attached an accounting and has submitted his accounting to the Council for confirmation; and 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: 1. That the above recitations are true and correct. Item #21 - AB #22,369 July 26, 2016 Page 3 of 8 2. That the abatement work, the report submitted to this Council, and the postings of the Notice of Time and Hearing on said report were duly and regularly performed in the manner and time required by law. 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. 4. That said report, attached herein, is hereby confirmed, and each of the 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 and a lien against such parcel of land. 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 of the San Diego Assessor on or before August 10, 2016. 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 Item #21 - AB #22,369 July 26, 2016 Page 4 of 8 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 26th day of J.!!!y, 2016, by the following vote to wit: AYES: Hall, Wood, Schumacher, Blackburn, Packard. NOES: None. ABSENT: None. ATTEST: ~D-e~ BARBARNGlESON, City Clerk f:30• (SEAL) Item #21 - AB #22,369 July 26, 2016 Page 5 of 8 Carlsbad Fire Department Exhibit 2 Private Lot Weed Abatement Accounting May 15,2016 through July 15, 2016 APN Address Mow Mow Mow Mow Hand Work Hand Hand Hand Work Contract Admin - Total Size/Amt Dollar Amt Hrs Dollar Amt Sq Ft Dollar Amt Hr Dollar Amt Charges Charge Cost 1 2061920700 B W LIVING TRUST 08-10-88 C/O BET1Y WOOD P0 BOX 2794 D $75.00 16560 $579.60 $654.60 $163.00 $817.60 2 2071004800 PACIFIC LEGACY HOMES INC 16870W BERNARDO DR #400 SAN DIEGO CA 92127-1678 E 5 $300.00 48 $1,392.00 $1,692.00 $163.00 $1,855.00 3 2153702800 HAMSAYEH G M & B P A TRUST 2245 LA AMATISTA RD DEL MAR CA 92014-3033 2 $116.00 32 $928.00 $1,044.00 $163.00 $1,207.00 4 2154931400 BYTHEWAY JANN S TRUST 9135 GOLDEN GATE AVE ORANGEVALE CA 95662-2219 3 $180.00 4000 $140.00 $320.00 $163.00 $483.00 5 2161242601 2161242602 (ACOSTA TRUST PO BOX 7244 BEVERLY HILLS CA 90212 16 $464.00 $464.00 $163.00 $627.00 6 2161601800 2474/76 LACOSTA AVANUE LLC 7668 EICamino Real #104 CARLSBAD CA 92009 C $80.00 4 $116.00 $196.00 $163.00 $359.00 7 2231305000 NOVELLO GENE N&SHEILA N 7901 E DAVENPORT DR SCOTTSDALE AZ 85260 B $65.00 1800 $63.00 , $128.00 $163.00 $291.00 8 2232501200 KO SUNG-TAO/LIN MALI 42 BAYBROOK LN OAK BROOK IL 60523-1638 40 $1,160.00 $1,160.00 $163.00 $1,323.00 Totals $5,658.60 $1,304.00 $6,962.60 Totals for 8 Parcels Average per parcel cost Contract Charges $707.33 $6,962.60 Page 1 of 1 Item #21 - AB #22,369 July 26, 2016 Page 6 of 8 EXHIBIT 3 July 26, 2016 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 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 2016/17 are as listed below: Fund No. 601004 Certified by: Count Amount 8 $6,962.60 Barbara Engleson City Clerk Item #21 - AB #22,369 July 26, 2016 Page 7 of 8 City: Type of Assessment: Fund Number: E-mail Address: City of Carlsbad FIXED CHARGE SPECIAL INPUT FORMAT FOR Weed Abatement 601004 christina.wilson@carlsbadca.gov ASSESSMENT TYPEWRITTEN Submitted By: Telephone No:__ FAX No. Exhibit 4 07/26/2016 LIST Christina Wilson 760-602-4665 760-602-8561 PARCEL NUMBER AMOUNT *FOR 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 $ 817.60 207 100 48 $ 1,855.00 215 370 28 $ 1,207.00 215 493 14 $ 483.00 216 124 26 01 $ 313.50 216 124 26 02 $ 313.50 216 160 18 $ 359.00 223 130 50 $ 291.00 223 250 12 $ 1,323.00 Total $ 6,962.60 Item #21 - AB #22,369 July 26, 2016 Page 8 of 8 AFFIDAVIT OF MAILING NOTICE OF PUBLIC HEARING TO: CJTY CLERK DATE OF PUBLIC HEARING: J (2-ta /t (R . SUBJECT: 'v\J"C~ -¥\0?\-e\-Vlen±= LOCATION: {2-0.0 C~~ Jj\\\~ ()r. DATE NOTICES MAILED TO PROPERTY OWNERS:-~~-~~--- I declare under penalty of perjury er the laws of the State .of Cal"·,..·~ employed by the City of Carlsbad and the CITY CLERK'S OFFICE (Signature) ~-------=~~------~~~/ (Date) 0 _Union Tribune _ ~Coast News PUBLICATION DATE: Union Tribune. ____ ~--------'--'-- Coast News.~-~~~/~1--""'6~/H-/-=Le--'----- I decfare 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 d . 6" egoing is true and correct. oate: ---!.-..,l/f----1b/~l'f __ Attachments: 1) Mailing Labels 2) Notice w/ attachments ,.. 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 6:00p.m. on Tuesday, July 26, 2016, 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, 2016. 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 Friday July 22, 2016. 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 15, 2016 CITY OF CARLSBAD CITY COUNCIL