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