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Home My WebLink About2019-07-23; City Council; ; Accept Cost Assessments for Weed Abatement(i) CITY COUNCIL Staff Report Meeting Date: To: From: Staff Contact: Subject: July 23, 2019 Mayor and City Council Scott Chadwick, City Manager Randy Metz, Fire Marshal Randy.Metz@carlsbadca.gov or 760-602-4661 Accept Cost Assessments for Weed Abatement Recommended Action CA Review WL 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 9, 2019. Executive Summary At the direction of the Fire Department, the city's Weed Abatement Contractor recently abated hazards on eight parcels, five of which are undivided interest. Weed abatement was achieved primarily by means of mowing and hand labor. The contractor's fees per abated parcel ranged from $620 to $2,000 with an average of $991.25. All eight parcels together incurred abatement charges in excess of $7,930. Each parcel will be charged for the actual work performed by the city's contractor, plus an administration fee of $271. The total amount for weed abatement for all eight parcels is $10,098. This amount, broken down 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 26, 2019 City Council meeting, 185 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 27, 2019 explaining the City Council's action and informing them of the date of the public hearing. July 23, 2019 Item #6 Page 1 of 8 At the April 23, 2019 meeting, City Council adopted Resolution No. 2019-056 directing the fire chief to abate the declared nuisances. Property owners were notified that the nuisances existing after May 15, 2019 are subject to abatement by City of Carlsbad crews and the cost of the abatement will appear on their property tax bill. There are eight parcels that have not abated their properties. The total cost for weed abatement for all eight parcels, broken down by APN and address, is $10,098, and can be found in Exhibit 2. This includes $7,930 in contract charges $2,168 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 by the County of San Diego for inclusion on the property tax bills for all eight parcels is $10,098. 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 Augyst 9, 2019. 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 and Outreach Information regarding public notifications of this items such as mailing, public hearing 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. City Council Resolution. 2. Certification of Fixed Charge Assessments. 3. Notice of Public Hearing. July 23, 2019 Item #6 Page 2 of 8 RESOLUTION NO. 2019-130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, 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. WHEREAS, the City Council of the City of Carlsbad, California on April 23, 2019 (Resolution No. 2019-056), 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 City Council, and thereafter City Council adopted Resolution No. 2019-056, 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 such as 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 Council for confirmation; and WHEREAS, said accounting is attached hereto as Attachment A and was considered for confirmation by the City Council in a public hearing held on July 23, 2019, 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 City 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 shown with said sum and shall constitute a special assessment and a lien against such parcel of land. July 23, 2019 Item #6 Page 3 of 8 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 9, 2019. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 23rd day of July, 2019, by the following vote, to wit: AYES: Hall, Blackburn, Bhat-Patel, Schumacher, Hamilton. NAYS: ABSENT: None. None. MATT~ALL, Mayor \ hrn w.!211/ali~ BARBARA ENGLESON, City Clerk (SEAL) July 23, 2019 Item #6 Page 4 of 8 Carlsbad Fire Department Attachment A Private Lot Weed Abatement Accounting May 15, 2019 through July 14, 2019 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 B W LIVING TRUST 08-10-88 1 2061920700 C/0 BETTY WOOD D $85.00 16560 $600.00 $685.00 $271.00 $956.00 PO BOX 2794 PACIFIC LEGACY HOMES INC 2 2071004800 16870 W BERNARDO DR #400 5 $210.00 19995 $730.00 48 $260.00 $1,200.00 $271.00 $1,471.00 SAN DIEGO CA 92127-1678 OPTIMAL RETIREMENT LLC 3 2154914601 PO BOX 503928 21208 $775.00 8 $250.00 $1,025.00 $271.00 $1,296.00 2154914602 SAN DIEGO, CA 92150 OPTIMAL RETI REMENT LLC 4 2154914701 PO BOX 503928 25 $750.00 7965 $300.00 30 $1,050.00 $271.00 $1,321.00 2154914702 SAN DIEGO, CA 92150 ABEDI REZA AND FARIDI EFFAT 5 2154600600 1 RUE RENOIR 20 $620.00 $620.00 $271.00 $891.00 Coto de Caza, CA 92679 FERREIRA HENRIQUE 7752 ALCAMO RD SAN DIEGO CA 92126-2502 6 2161242601 RHEE JOHNNY 20 $485.00 $490.00 $271.00 $761.00 2161242602 GYLLENHAMMER JOHN 9800D TOPANGA CANYON BLVD# 610 CHATSWORTH CA 91311-4005 Hawks View Group 7 2232402300 3312 Cabo CT 5 $210.00 56 $1,790.00 $2,000.00 $271.00 $2,271.00 Carlsbad, CA 92008 KO SUNG-TAO/LIN MALI 8 2232501200 42 BAYBROOK LN 24000 $860.00 16 $860.00 $271.00 $1,131.00 OAK BROOK IL 60523-1638 Totals $7,930.00 $2,168.00 $10,098.00 Totals: 8 Parcels Averaqe per parcel cost Contract Charqes $991.25 11 parcels with divided interest Page 1 of 1 July 23, 2019 Item #6 Page 5 of 8 Attachment B 7/23/2019 FIXED CHARGE SPECIAL ASSESSMENT INPUT FORMAT FOR TYPEWRITTEN LIST City: City of Carlsbad Submitted By: Christina Wilson Type of Assessment: Weed Abatement Telephone No:_ 760-602-4665 Fund Number: 601004 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 ASSESSEE INTEREST AREA* NUMBER* XXX XXX xx xx XX,XXX.XX xxxxx xxxx X 206 192 7 $ 956.00 207 100 48 $ 1,471.00 215 491 46 1 $ 648.00 215 491 46 2 $ 648.00 215 491 47 1 $ 660.50 215 491 47 2 $ 660.00 215 460 6 $ 891.00 216 124 26 1 $ 380.50 216 124 26 2 $ 380.50 223 240 23 $ 2,271.00 223 250 12 $ 1,131.00 Total $ 10,098.00 July 23, 2019 Item #6 Page 6 of 8 Aug 10, 2019 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 EXHIBIT 2 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 Certified by: Count 8 ~Km, m~ ~ Barbara Engleson v-City Clerk Amount $10,098.00 July 23, 2019 Item #6 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 23, 2019 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 coy of the Resolution with the San Diego County Auditor on or before August 9, 2019. 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 19, 2019. If you have any questions, please contact Fire Marshal Randy Metz in the Fire Prevention 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 of 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. July 23, 2019 Item #6 Page 8 of 8 {cicyof Carlsbad Memorandum July 23, 2019 To: From: Mayor and City Council Members Randy Metz, Fire Marshal Michael Calderwood, Fire Chief All Receive. -Agenda Item /:I _k__ For the ,Information .of the: CITY COUNCIL Date 7[:2-?>) l"l CA:::/_ CC ~ CM_:L_coo / DCM{3)~ Via Re: Additional Material/Information Regarding Staff Report Item #6 -Weed Abatement Public Hearing On "Attachment A" of the Resolution, there were incorrect figures entered into the column labeled "Hand Hr". These incorrect figures did not affect the dollar amounts reported within the Attachment or the Staff Report. A corrected version of "Attachment A" has been submitted for your review. Attachment C: Walter Chung, Assistant City Attorney Elaine Lu key, Chief Operating Officer Sheila Cobian;City Clerk Services Manager Carlsbad Fire Department Attachment A Private Lot Weed Abatement Accounting May 15, 2017 through July 14, 2017 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 B W LIVING TRUST 08-10-88 1 2061920700 C/0 BETTY WOOD D $85.00 16560 $600.00 $685.00 $271.00 $956.00 PO BOX2794 PACIFIC LEGACY HOMES INC 2 2071004800 16870 W BERNARDO DR #400 5 $210.00 19995 $730.00 5.7 $260.00 $1,200.00 $271.00 $1,471.00 SAN DIEGO CA 92127-1678 2154914601 OPTIMAL RETIREMENT LLC 3 PO BOX 503928 21208 $775.00 5.5 $250.00 $1,025.00 $271.00 $1,296.00 2154914602 SAN DIEGO, CA 92150 2154914701 OPTIMAL RETIREMENT LLC 4 PO BOX 503928 25 $750.00 7965 $300.00 $1,050.00 $271.00 $1,321.00 2154914702 SAN DIEGO, CA 92150 ABEDI REZA AND FARIDI EFFAT 5 2154600600 1 RUE RENOIR 13.7 $620.00 $620.00 $271.00 $891.00 Coto de Caza, CA 92679 FERREIRA HENRIQUE 7752 ALCAMO RD SAN DIEGO CA 92126-2502 6 2161242601 RHEE JOHNNY $485.00 $485.00 $271.00 $756.00 10.7 2161242602 GYLLENHAMMER JOHN 9800D TOPANGA CANYON BLVD# 610 CHATSWORTH CA 91311-4005 Hawks View Group 7 2232402300 3312 Cabo CT Carlsbad, CA 92008 5 $210.00 20 $900.00 $1,110.00 $271.00 $1,381.00 KO SUNG-TAO/UN MALI 8 2232501200 42 BAYBROOK LN 24000 $860.00 $860.00 $271.00 $1,131.00 OAK BROOK IL 60523-1638 Totals $7,035.00 $2,168.00 $9,203.00 Totals: 8 Parcels Average per parcel cost Contract Charges 1150.37 11 parcels with divided interest Page 1 of 1