HomeMy WebLinkAbout2020-07-28; City Council; ; Public hearing to finalize the 2020 Weed Abatement Cost ReportCITY COUNCIL
Staff Report
CA Review AF
Meeting Date: July 28, 2020
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Randy Metz, Fire Marshal
randy.metz@carlsbadca.gov, 760-602-4661
Subject: Public hearing to finalize the 2020 Weed Abatement Cost Report
Recommended Action
Hold a public hearing and adopt a resolution to approve the cost assessments for weed
abatement activity and direct the city clerk to file a certified copy of the resolution with the San
Diego County Assessor on or before Aug. 10, 2020.
Executive Summary
The City of Carlsbad conducts an annual Weed Abatement Program to eliminate fire hazards
and nuisances caused by the accumulation of dry weeds and rubbish on vacant lots within the
city. The Carlsbad City Council may declare weeds and rubbish on private property to be public
nuisances under the terms of California Government Code Section 39560-39588.
This is the last of three reports for the Weed Abatement Program. Staff is recommending
approval of the Weed Abatement Cost Report.
Discussion
The Fire Department completed its annual hazard survey and identified 172 parcels with
potential hazards. At the City Council meeting on March 24, 2020, these parcels were declared
to be public nuisances.
The Fire Department mailed notices to the affected property owners on March 25, 2020,
explaining the City Council's action and informed them there would be a public hearing on April
21, 2020, at which they could voice any objections to their parcels being declared to be
nuisances. Affected property owners were notified that any nuisances existing after May 15,
2020, would be subject to removal by the city and that any associated costs would be
forwarded to the San Diego County Assessor to be included in the property tax bills for those
properties.
At that public hearing, the City Council directed the fire chief to abate the declared nuisances
(Resolution No. 2020-067).
July 28, 2020 Item #8 Page 1 of 8
The city's contractor, Habitat Restoration Sciences, completed weed abatement services
including mowing and hand work on eight parcels.' The contractor's fee for these services is
$11,912.77. Each property owner will be charged for the work performed by the contractor plus
an administration fee of $271, which helps cover costs associated with contract administration,
public notices and other administrative tasks. The total cost for weed abatement is $14,080.77.
This amount, broken down by parcel, will be forward to the county assessor for inclusion on
each property's property tax bill. Exhibit 2 provides cost details for each property by assessor
parcel number and address.
Government Code Section 395600, et. seq. outlines the enforcement process for weed
abatement. To recover costs associated with weed abatement services, the City Council must
assess and confirm the costs by holding a public hearing to consider any objections from
property owners. Once the Weed Abatement Cost Report is confirmed by the City Council, the
city clerk will file the resolution and final report with the San Diego County Assessor to place
liens on the respective property tax bills, as described above.
Fiscal Analysis
Sufficient funds are available for weed abatement expenditures in the current year's budget,
and will be recouped on property tax bills in the following year.
Weed abatement expenditures have been expensed to the fire department's operating budget
in the General Fund in the previous year. Payments received on property tax bills for these
expenses will be deposited back into the city's General Fund.
Next Steps
The city clerk will file a certified copy of the resolution and Weed Abatement Cost Report with
the San Diego County Assessor on or before Aug. 10, 2020.
Environmental Evaluation (CEQA)
This action does not constitute a "project" within the meaning of the California Environmental
Quality Act under Public Resources Code section 21065 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 environmental review.
Public Notification and Outreach
Public notice of this item was posted in accordance with the Ralph M. Brown Act and it was
available for public viewing and review at least 72 hours prior to the scheduled meeting date.
Exhibits
1. Resolution
2. Weed Abatement Cost Report
3. Fixed Charge Special Assessment
4. Certification of Fixed Charge Special Assessments
5. Notice of Public Hearing
Three of these properties have two owners each, so the charges will be split between those owners.
July 28, 2020 Item #8 Page 2 of 8
Exhibit 1
RESOLUTION NO. 2020-165
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ACCEPTING THE 2020 WEED ABATEMENT COST REPORT AND
DIRECTING THE CITY CLERK TO FILE A CERTIFIED COPY OF THE RESOLUTION
WITH THE SAN DIEGO COUNTY ASSESSOR.
WHEREAS, weeds and rubbish exist or are likely to exist on vacant parcels throughout the city;
and
WHEREAS, said weeds and rubbish, because of their combustibility, constitute a hazard to the
safety of the public and to private property during the drier months of the year.
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 this Resolution, and all action subsequently taken in connection with it, is taken
pursuant to the provisions of California Government Code Section 39560, et seq.
(Alternate Procedures for Weed and Rubbish Abatement).
3. Words used in this Resolution and subsequent action in connection with it shall be
defined as outlined in said code sections.
4. The City Council of the City of Carlsbad declares as public nuisances weeds and rubbish
upon those certain parcels of private property in the City of Carlsbad described on
attached Exhibit 2, incorporated by reference.
5. The City Council of the City of Carlsbad declared its intention to remove said weeds
and rubbish. A virtual public hearing was held in the City Council Chambers at 1200
Carlsbad Village Drive, Carlsbad, California on July 28, 2020 at 3:00 pm to consider the
final Weed Abatement Cost Report.
6. The Fire Chief of the City of Carlsbad is designated to perform the duties imposed on
the superintendent by California Government Code Section 39560, et seq.
7. The affected property owners were notified that nuisances existing after May 15, 2020
are subject to abatement by the City of Carlsbad, and the cost of the abatement will
appear on the property tax bill.
July 28, 2020 Item #8 Page 3 of 8
8. California Government Code Section 39560, et seq. requires a cost report for
abatement services be submitted to the City Council for confirmation following a
public hearing to consider any objections from property owners.
9. All protests and objections, other than those allowed and deleted from said report, if
any, are hereby overruled and denied.
10. The report is confirmed and each of the amounts set forth herein are hereby assessed
against the parcel of real property and shall constitute a special assessment and a lien
against such parcel of land.
11. The City Clerk is hereby directed to forward a certified copy of this resolution with said
report to the Office of the San Diego Assessor on or before August 10, 2020.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 28th day of July, 2020, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
MATT HALL, Mayor
BARBARA ENGLESON1, City Clerk
(SEAL)
July 28, 2020 Item #8 Page 4 of 8
Carlsbad Fire Department
Exhibit 2
Private Lot Weed Abatement Accounting May 15, 2020 through July 10, 2020
I.....
1_
APN Address Mow Mow Mow Mow Hand Work Hand Hand Hand Work Contract Admin . Total
Size/Amnollar Am Hrs Dollar Amt Sq Ft Dollar Amt Hr Dollar Amt Charges Charge Cost
.•
NJ1
..90
2061920700
B W LIVING TRUST 08-10-88
C/O BETTY WOOD
P 0 BOX 2794
D $85.00 $0.00 16560 $745.20 $0.00 $830.20 $271.00 $1,101.20
N..)
0
1`) 2 0 2071004800
PACIFIC LEGACY HOMES INC
16870W BERNARDO DR #400
SAN DIEGO CA 92127-1678
E 5 $375.00 19995 $899.78 48 $1,680.00 $2,954.78 $271.00 $3,225.78
3 2154914601
2154914602
OPTIMAL RETIREMENT LLC
Po BOX 503928
SAN DIEGO, CA 92150
E $0.00 21208 $954.36 8 $280.00 $1,234.36 $271.00 $1,505.36
4 2154914701
2154914702
OPTIMAL RETIREMENT LLC
PO BOX 503928
SAN DIEGO, CA 92150
E 25 $1,875.00 7965 • $358.43 30 $1,050.00 $3,283.43 $271.00 $3,554.43
5 2154600600
ABEDI REZA AND FARIDI EFFAT
1 RUE RENOIR
COTO DE CAZA CA 92679
E $0.00 $0.00 20 $700.00 $700.00 $271.00 $971.00
6 2154001500
CARLSBAD SECURITY INCEI
C/O SEABOARD ELECTRONICS 'NCI]
70 CHURCH STLI
NEW ROCHELLE NY 10805
E 2 $150.00 $0.00 12 $420.00 $570.00 $271.00 $841.00
7 2161242601
2161242602
FERREIRA HENRIQUE
7752 ALCAMO RD
SAN DIEGO CA 92126-2502
RHEE JOHNNY
GYLLENHAMMER JOHN
9800D TOPANGA CANYON BLVD #610
CHATSWORTH CA 91311-4005
D $0.00 $0.00 20 $700.00 $700.00 $271.00 $971.00
8 2232501200
KO SUNG-TAO/LIN MALI
42 BAYBROOK LN
OAK BROOK IL 60523-1638
D $0.00 24000 $1,080.00 16 $560.00 $1,640.00 $271.00 $1,911.00
Totals $11,912.77 $2,168.00 $14,080.77 , n) Totals: 8 Parcels Average per parcel cost of Contract Charges $1,489.01
11 parcels charges with divided interest 44. co The total charges were rounded to even cents for County Assessor
Page 1 of 1
Exhibit 3
FIXED CHARGE SPECIAL ASSESSMENT
INPUT FORMAT FOR TYPEWRITTEN LIST
City: City of Carlsbad Submitted By: Megan Vanzandt
Type of Assessment: Weed Abatement Telephone No: 760-602-4665
Fund Number: 601004 FAX No.: 760-602-8561
E-mail Address: mont}'..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 $ 1,101.20
207 100 48 $ 3,225.78
215 400 15 $ 841.00
215 491 46 01 $ 752.68
215 491 46 02 $ 752.68
215 491 47 01 $ 1,777.22
215 491 47 02 $ 1,777.21
215 460 6 $ 971.00
216 124 26 01 $ 485.50
216 124 26 02 $ 485.50
223 250 12 $ 1,911.00
Total $ 14,080.77
July 28, 2020 Item #8 Page 6 of 8
Aug 10, 2020
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
(city of
Carlsbad
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 2019/20 are as listed below:
Fund No. Count Amount
601004 11 $14,080.76
Certified by:
(}<tlliawJ?.fll ~
~ Barbara Engleson
If City Clerk .
City Clerk's Office
City Hall 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2808 t
I
I I
July 28, 2020 Item #8 Page 7 of 8
Exhibit 5
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, that the City Council of the City of Carlsbad will hold a public hearing
on Tuesday, July 28, 2020 at the Council Chamber, 1200 Carlsbad Village Drive, Carlsbad,
California, at 3 p.m., to hear objections of property owners concerning costs of weed
abatement activity on private properties, to approve cost assessments for weed abatement
activity, and to direct the City Clerk to file a certified copy of the Weed Abatement Resolution
with the San Diego County Auditor on or before Aug. 10, 2020.
Individuals wishing to speak on this proposal are cordially invited to participate in this public
hearing. Per State of California Executive Order N-29-20, and in the interest of public health and
safety, we are temporarily taking actions to prevent and mitigate the effects of the COVID-19
pandemic by holding City Council and other public meetings electronically or by
teleconferencing. The meeting can be viewed online at www.carlsbadca.gov or on the city's
cable channel. The Carlsbad City Council welcomes your participation. During the COVID-19
public health emergency, the city has provided two easy ways for community members to
provide comments during a City Council meeting:
Verbally
Sign up to provide verbal comments by phone by filling out an online registration form by 2
p.m. the day of the meeting. You will receive a confirmation message with instruction about
how to call into the meeting.
In writing
E-mail your comments to clerk@carlsbadca.gov. Emails received by 2 p.m. will be provided to
the City Council prior to the start of the meeting. Other comments will be included with the
meeting record. Emailed comments will not be read out loud during the meeting. Please
indicate the agenda item number in your email subject line.
Copies of the staff report will be available after Friday, July 24, 2020. 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 only raising
issues presented at the public hearing described in this notice or in written correspondence
delivered prior to the public hearing to the City of Carlsbad, Attn: City Clerk's Office, 1200
Carlsbad Village Drive, Carlsbad, CA 92008.
PUBLISH DATE: July 17, 2020
July 28, 2020 Item #8 Page 8 of 8
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, that the City Council of the City of Carlsbad will hold a public hearing on
Tuesday, July 28, 2020 at the Council Chamber, 1200 Carlsbad Village Drive, Carlsbad, California, at 3
p.m., to hear objections of property owners concerning costs of weed abatement activity on private
properties, to approve cost assessments for weed abatement activity, and to direct the City Clerk to file
a certified copy of the Weed Abatement Resolution with the San Diego County Auditor by Aug. 10, 2020.
Copies of the staff report will be available on and after Friday, July 24, 2020. If you have any questions,
please contact Fire Marshal Randy Metz in the Fire Department at 760-602-4661 or
randv.metz@carlsbadca.gov.
Individuals wishing to speak on this proposal are cordially invited to participate in this public hearing.
Per State of California Executive Order N-29-20, and in the interest of public health and safety, we are
temporarily taking actions to prevent and mitigate the effects of the COVID-19 pandemic by holding City
Council and other public meetings electronically or by teleconferencing. The meeting can be viewed
online at www.carlsbadca.gov or on the city's cable channel. The Carlsbad City Council welcomes your
participation. During the COVID-19 public health emergency, the city has provided two easy ways for
community members to provide comments during a City Council meeting:
Verbally
Sign up to provide verbal comments by phone by filling out an online registration form by 2 p.m. the day
of the meeting. You will receive a confirmation message with instruction about how to call into the
meeting.
In writing
E-mail your comments to clerk@carlsbadca.gov. Emails received by 2 p.m. will be provided to the City
Council prior to the start of the meeting. Other comments will be included with the meeting record.
Emailed comments will not be read out loud during the meeting. Please indicate the agenda item
number in your email subject line.
If you challenge the Weed Abatement Resolution in court, you may be limited to only raising issues
presented at the public hearing described in this notice or in written correspondence delivered prior to
the public hearing to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad,
CA 92008.
PUBLISH DATE: July 17, 2020
CITY OF CARLSBAD
CITY COUNCIL