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HomeMy WebLinkAbout2018-07-24; City Council; ; Accept Cost Assessments for Weed Abatement~ CITY COUNC IL '1ZJ Staff Report Meeting Qate: To: From: Staff Contact: Subject: 7/24/2018 Mayor and City Council Kevin Crawford, City Manager Randy Metz, Fire Marshal Randy.Metz@carlsbadca.gov or 760-602-4661 Accept Cost Assessments for Weed Abatement Recommended Action CA Review W0 That the City Council hold a public hearing, and adopt a Resolution accepting the cost assessments for weed 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, 2018. Executive Summary At the direction of the Fire Department, the city's weed abatement contractor abated hazards on eight (8) parcels, three (3) of which are undivided interest. Abatement was achieved primarily by means of mowing and hand labor. The contractor's fees per abated parcel ranged from $823 to $2,243 with an average of $881.12. All eight (8) parcels incurred abatement charges in excess of $500. Each parcel will be charged for the actual work performed by the city's contractor, plus an administrative fee of $263. The total amount for private lot weed abatement is$ 10,315.60. This amount, broken out by parcel, will be forwarded to the County Assessor for inclusion on each property tax bill. In order for the City to recover costs associated with weed abatement in accordance with Government Code Section 39560, et. Seq., the City Council must hold a public hearing to consider any challenges, and then confirm the reported amounts as liens on the property tax bill by the County Assessor. Discussion At the March 27, 2018 City Council meeting, 191 parcels were declared public nuisances due to the presence of hazardous combustible material upon them, or the likelihood of that condition existing during the drier months. The Fire Department mailed notices to the property owners on March 28, 2018 explaining the City Council's action, and informing them of the date of the public hearing. At the April 24, 2018 meeting, City Council adopted Resolution 2018-059 directing the Fire Chief to abate the declared nuisances. Property owners were notified that the nuisances existing after May 15, 2018 are subject to abatement by City of Carlsbad crews and the cost of the abatement will appear on their property tax bill. The total cost for private lot weed abatement, broken down by APN and address, is $10,315.60, and can be found in Exhibit 2. This includes $8,211.60 in July 24, 2018 Item #16 Page 1 of 8 contract charges and $2,104 in administrative fees. The contract charge includes the labor (mowing and hand work) performed by the contractor, Habitat Restoration Sciences. The administrative fee covers contract administration, public notices, and other administrative tasks. Government Code Section 39560, et. Seq., outlines the enforcement process for weed abatement. In order to recover costs associated with parcel abatement and compliance, the City Council must assess and confirm these costs by holding a public hearing to consider any objections from property owners. Once confirmed by the City Council, the City Clerk will file the Resolution and the accounting report with the San Diego County Assessor so that liens can be included on the property tax bill. Fiscal Analysis All costs associated with the nuisance abatement on the privately owned parcels are recoverable, through a special assessment on each property owner's property tax bill. The weed abatement cost assessment (Exhibit 2) is broken out by parcel and made up of a contract charge and an administrative fee. The total amount to be submitted to the County of San Diego for inclusion on property tax bills is $10,315.60, Attachment B. Next Steps The City Clerk will file a certified copy of the Resolution, together with a copy of the accounting report,_ with the San Diego County Assessor on or before August 10, 2018. The County Assessor will include each assessment on the property tax bill of each parcel. Environmental Evaluation (CEQA) 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 further environmental review. Public Notification Information regarding public notifications ofthis 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. City Council Resolution 2. Certification of Fixed Charge Assessments. 3. Notice of Public Hearing. July 24, 2018 Item #16 Page 2 of 8 RESOLUTION NO. 2018-145 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE COST ASSESSMENTS FOR WEED ABATEMENT AND DIRECTING THE CITY CLERK TO FILE A CERTIFIED COPY OF THE RESOLUTION WITH THE SAN DIEGO COUNTY ASSESSOR. WHEREAS, the City Council ofthe City of Carlsbad, California on March 27, 2018 (Resolution No. 2018-041), determined that pursuant to Government Code Section 39501 through Sections 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 the City Council, and thereafter the City Council adopted Resolution No. 2018-059, 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 the accounting to the City Council for confirmation; and WHEREAS, said accounting is attached hereto as Attachment A and has been considered for confirmation by the City Council, at which time all protests and objections were heard in respect to any matter relating to said abatement work; and WHEREAS, all persons desiring to be heard have been heard by the 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. 2. That the abatement work, the report (Attachment A) 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, Attachment A is attached hereto, and is hereby confirmed, and each of the amounts set forth herein are hereby assessed against the parcel of real property July 24, 2018 Item #16 Page 3 of 8 shown with said sum and shall constitute a special assessment 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 (Attachment A) to the Office of the San Diego Assessor on or before August 10, 2018. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 24th day of J.!!!y, 2018, by the following vote, to wit: AYES: M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard. NOES: ABSENT: None. None. (SEAL) July 24, 2018 Item #16 Page 4 of 8 Carlsbad Fire Department Attachment A Private Lot Weed Abatement Accounting May 15, 2018 through July 14, 2018 APN Address Mow Mow Mow Mow Hand Work Hand Hand Hand Work Contract Ad min Total Size/Amt Dollar Amt Hrs Dollar Amt Sq Ft Dollar Amt Hr Dollar Amt Charges Charge Cost B W LIVING TRUST 08-10-88 1 2061920700 C/0 BETIY WOOD D $75.00 16560 $579.60 $654.60 $263.00 $917.60 PO BOX 2794 PACIFIC LEGACY HOMES INC 2 2071004800 16870 W BERNARDO DR #400 5 $300.00 48 $1,680.00 $1,980.00 $263.00 $2,243.00 SAN DIEGO CA 92127-1678 HAMSAYEH GOSHTASB M+BAGHOLESTANI PARIZAD A FAMILY TRUST 10-07-97 3 2153702800 4299 KINGSPARK DR 2 $150.00 32 $1,120.00 $1,270.00 $263.00 $1,533.00 SAN JOSE CA 95136 2154914601 OPTIMAL RETIREMENT LLC 4 PO BOX 503928 21208 $954.00 8 $280.00 $1,234.00 $263.00 $1,497.00 2154914602 SAN DIEGO, CA 92150 OPTIMAL RETIREMENT LLC 5 2154914701 PO BOX 503928 $358.00 30 $1,050.00 $1,408.00 $263.00 $1,671.00 7965 2154914702 SAN DIEGO, CA 92150 BYTHEWAY JANN S TRUST 6 2154931400 9135 GOLDEN GATE AVE 3 $225.00 4000 $180.00 $405.00 $263.00 $668.00 ORANGEVALE CA 95662-2219 LACOSTA TRUST 7 2161242601 PO BOX7244 20 $700.00 $700.00 $263.00 $963.00 2161242602 BEVERLY HILLS CA 90212 KO SUNG-TAO/LIN MALI 42 BAYBROOK LN $560.00 $560.00 $263.00 $823.00 8 2232501200 OAK BROOK IL 60523-1638 16 Totals $8,211.60 $2,104.00 $10,315.60 Totals: 8 Parcels Averaae per parcel cost Contract Charaes $ 881.12 11 parcels with divided interest Page 1 of 1 July 24, 2018 Item #16 Page 5 of 8 Attachment A 07/24/2018 FIXED CHARGE SPECIAL ASSESSMENT INPUT FORMAT FOR TYPEWRITTEN LIST 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: monty.kalin@carlsbadca.gov ~ AUDITOR'S USE PARCEL NUMBER AMOUNT *FOR STATE ROLL ONLY ONLY* BOOK PAGE PARCEL UNDIVIDED TAX RATE ASSESS EE INTEREST AREA* NUMBER* XXX XXX xx xx XX,XXX.XX xxxxx xxxx X 206 192 7 $ 917.60 207 100 48 $ 2,243.00 215 370 28 $ 1,533.00 215 491 46 1 $ 748.50 215 491 46 2 $ 748.50 215 491 47 1 $ 835.50 215 491 47 2 $ 835.50 215 493 14 $ 668.00 216 124 26 1 $ 481.50 216 124 26 2 $ 481.50 223 250 12 $ 823.00 Total $ 10,315.60 July 24, 2018 Item #16 Page 6 of 8 July 24, 2018 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 EXHIBIT2 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 2018/19 are as listed below: Fund No. 601004 Count 11 Amount $10,315.60 July 24, 2018 Item #16 Page 7 of 8 Exhibit 3 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, that the City Council ofthe 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 24, 2018, 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, 2018. 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 20, 2018. 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 14, 2018 CITY OF CARLSBAD CITY COUNCIL July 24, 2018 Item #16 Page 8 of 8 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 24, 2018, 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, 2018. Those persons wishing to speak on this proposal are cordially invited to attend this public hearing. Copies of the staff report bill will be available on and after Friday July 20, 2018. 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 13, 2018 CITY OF CARLSBAD CITY COUNCIL AFFIDAVIT OF MAILING NOTICE OF PUBLIC HEARING TO: CITY CLERK DATE OF PUBLIC HEARING: __ ·7"""-+--/ ......... ,~~l/__,_i~/2 _______ _ SUBJECT: LJQ_QJ) CL~t(A~ DATE NOTICES MAILED TO PROPERTY OWNERS:---------------------------------NUMBER MAILED:---~---------_--_ .-----------I declare under p~nafty,--~f perjury under the laws of the State of California that I am employed byJheCity of Carlsbad and the foregoing is true and correct. -----------CITY CLERK'S OFFICE (Signature) (Date) SENT TO FOR PUBLICATION VIA E-MAIL TO: 0 Union Tribune ·JZ( Coast News PUBLICATION DATE: Union Tribune CoastNews --r--;-z+-·/-0_/_/_?.f ______ _ ---~--------;.~-------- I declare under penalty of perjury under the laws of the State of California that I am ~:~~~rd by the City of Carlsbad in the City Cle:A Office and the;e~As true and_ Date: 1J /~'-f /Ii/ __ \ , fJ /V'(la l-0 ,&:llfc--17/2-__, ~ (Signature) Attachments: 1) Mailing Labels 2) Notice w/ attachments