HomeMy WebLinkAbout2023-07-25; City Council; ; 2023 Hazard Reduction Cost ReportCA Review __AF__
Meeting Date: July 25, 2023
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Randy Metz, Division Chief, Fire Marshal
randy.metz@carlsbadca.gov, 442-339-2661
Subject: 2023 Hazard Reduction Cost Report
Districts: All
Recommended Actions
Hold a public hearing and:
•Adopt a resolution approving the 2023 Hazard Reduction Cost Report and directing the
City Clerk to file a certified copy of the resolution and report with the San Diego County
Auditor before Aug. 10, 2023.
Executive Summary
The City of Carlsbad conducts an annual Hazard Reduction Program to eliminate fire hazards
and nuisances caused by the accumulation of dry weeds and rubbish on vacant lots within the
city. The City Council may declare weeds, rubbish and refuse as public nuisances upon private
properties in the city, as authorized by California Government Code sections 39560-39588.
This is the last of three reports for the 2023 Hazard Reduction Program, covering the program’s
annual results. Staff recommend approval of the Hazard Reduction Cost Report.
Explanation & Analysis
The Fire Department completed its annual hazard survey and identified 145 parcels that have,
or are likely to have, potential hazards during the drier months, when the risk of fire is high. The
City Council declared these parcels to be public nuisances on March 21, 2023.
The Fire Department mailed notices to the affected property owners the following day
explaining the City Council’s action and informing them there would be a public hearing on April
18, 2023, to voice objections to any parcel being declared as a nuisance. The property owners
were notified that any nuisances existing after May 15, 2023, would be subject to removal by
the city and that any associated costs would be forwarded to the San Diego County Auditor for
inclusion in property tax bills.
Twenty-three parcels were not cleaned up by the property owners. The city’s contractor has
since completed weed abatement services, including mowing and hand work, on these parcels.
The contractor’s fee for these services is $22,885. Each property owner will be charged for the
July 25, 2023 Item #8 Page 1 of 8
work performed by the contractor plus an administration fee of $321. The total cost for weed
abatement is $30,268. Attachment A to Exhibit 1 provides cost details for each property, listed
by the county assessor’s parcel number and address.
The San Diego County Tax Assessor has classified nine of these parcels as “zero-dollar value”,
meaning the property owner does not receive a tax bill. The dollar value associated with the
weed abatement of these parcels amounts to $12,339.50. The city will attempt to recover costs
associated with these parcels through other means, in the event the San Diego County Tax
Assessor does not assess the lien on these parcels.
Government Code Sections 39560-39588 outline 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.
Staff recommend adopting a resolution accepting the final 2023 Hazard Reduction Cost Report.
This allows the city to recover costs associated with weed abatement work from property
owners. Otherwise, the costs will remain as a General Fund expense.
Fiscal Analysis
The Fire Department’s operating budget has sufficient funds for weed abatement expenditures
in fiscal year 2022-23. Payments received on property tax bills for these expenses will be
returned to the city’s General Fund in the following year.
Next Steps
Staff will provide a certified copy of the resolution and report to the San Diego County Tax
Assessor before Aug. 10, 2023.
Environmental Evaluation
The City Planner, through the process outlined in Carlsbad Municipal Code Section 19.04.060,
has determined that this project is exempt from environmental review in accordance with
California Code of Regulations Section 15321 - Enforcement by Regulatory Agencies because
the report and recommendations relate to and is a prelude to a series of potential enforcement
actions.
Public Notification
This item was noticed 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. A copy of the report
was posted for at least three days prior to its submission to the legislative body on or near the
chamber door of the legislative body, with a notice of the time of submission.
Exhibits
1.City Council resolution
2.Fixed charge special assessment
3.Certification of fixed charge special assessments
July 25, 2023 Item #8 Page 2 of 8
RESOLUTION NO. 2023-213
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING THE 2023 HAZARD REDUCTION COST REPORT
AND DIRECTING THE CITY CLERK TO FILE A CERTIFIED COPY OF THE
RESOLUTION AND REPORT WITH THE SAN DIEGO COUNTY AUDITOR BEFORE
AUG. 10, 2023
WHEREAS, the City Council of the City of Carlsbad, California has determined that weeds and
rubbish exist or are likely to exist on vacant parcels throughout the city; and
WHEREAS, said weeds and rubbish constitute a hazard to public safety and to private property
during the drier months of the year due to combustibility.
NOW, THEREFORE, BE f"f 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 weeds and rubbish as public nuisances
upon those certain parcels of private property in the City of Carlsbad described in
Attachment A, incorporated by reference.
5.The City Council of the City of Carlsbad declares its intention to cause the removal of
said weeds and rubbish. A public hearing was held in the City Council Chamber at 1200
Carlsbad Village Drive, Carlsbad, California, on July 25, 2023, at 5 p.m. to consider the
final Hazard Reduction 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, 2023,
are subject to abatement by the City of Carlsbad, and the cost of abatement will appear
on the property tax bill.
Exhibit 1
July 25, 2023 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 Auditor and Controller before August 10, 2023.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 25th day of J!!!y, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
None.
None.
KEITH BLACKBURN, Mayor
� SHERRY FREISINGER, City Clerk
(SEAL)
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July 25, 2023 Item #8 Page 4 of 8
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July 25, 2023 Item #8 Page 5 of 8
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July 25, 2023 Item #8 Page 6 of 8
City: City of Carlsbad Submitted By:Amber Ressmer
Type of Assessment:Weed Abatement Telephone No:442-339-2665
Fund Number: 601004 FAX No.: 760-602-8561
E-mail Address:Medi.Maldonado@carlsbadca.gov
AUDITOR'S
USE
AMOUNT ONLY
BOOK PAGE PARCEL UNDIVIDED
INTEREST
TAX RATE
AREA*
ASSESSEE
NUMBER*
XXX XXX XX XX XX,XXX.XX XXXXX XXXX X
156 190 34 0 $643.00
156 351 1 0 $2,897.00
167 80 50 0 $2,253.00
168 41 22 0 $2,897.00
206 120 16 0 $643.00
206 192 7 0 $884.50
206 200 1 0 $643.00
208 133 11 0 $1,471.00
215 220 60 0 $643.00
215 310 5 0 $643.00
215 492 16 0 $1,609.00
215 493 21 0 $4,507.00
216 240 18 0 $643.00
216 380 2 0 $2,414.00
216 593 10 0 $723.50
223 180 26 0 $1,609.00
223 230 11 0 $1,287.00
223 283 20 0 $965.00
167 80 35 0 $965.00
207 180 8 0 $482.00
207 180 9 0 $482.00
207 180 10 0 $482.00
207 180 12 0 $482.00
Total $30,268.00
FIXED CHARGE SPECIAL ASSESSMENT
INPUT FORMAT FOR TYPEWRITTEN LIST
PARCEL NUMBER *FOR STATE ROLL
ONLY*
Exhibit 2
July 25, 2023 Item #8 Page 7 of 8
Exhibit 3
August 10, 2023
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 all assessments and
special taxes are compliant with Article XIIIC and D of the Constitution of the State of California.
The total number of parcels subject to Fixed Charge Special Assessments and the dollar amount
by fund 2023/24 are as listed below:
Fund No. Count Amount 601004 23 $30,268.00
Certified by: __________________________
SHERRY FREISINGER
City Clerk
July 25, 2023 Item #8 Page 8 of 8
TO: CITY (;LERK
AFFIDAVIT OF MAILING
NOTICE OF PUBLIC HEARING
DATE OF PUBLIC HEARING: u) ~•85') 9::cB?:>
SUBJECT: WprJJ a ea. 12 -~
LOCATION: ~00 Carlsbad Village Drive, Carlsbad, CA 92008
D Other: ________________ _
DATE POSTED TO CITY WEBSITE 7// 1/::J..o;)."3
DATE NOTICES MAILED TO PROPERTY OWNERS: ----------
NUMBER MAILED: -
I declare under penalty of perjury under the laws of the State of California that I ~m employed by
the City of Carlsbad and the foregoing is true and correct.
DEPARTMENT: [36TY CLERK'S OFFICE □OTHER ______ _
,j, ·271 :rnM ~~
Signature Date
------------------------------------------------------------------------------
SENT TO FOR PUBLICATION VIA E-MAIL TO: □ Union Tribune on ___ _
~Coast News on m}~
PUBLICATION DATE: Union Tribune --------------
Coast News __ ----;--r-r-/_,-+tf_,_/_d_o_Q_G=::,-----
1 declare under penalty of perjury under the laws of the State of California that I am employed by
the City of Carlsbad and the foregoing is true and correct.
DEPARTMENT: ~TY CLERK'S OFFICE □ OTHER _______ _
Signature Date
Attachments: 1) Mailing Labels
2) Notice w/ attachments
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 25, 2023, at 5 p.m., at the Council Chamber, 1200 Carlsbad Village Drive, Carlsbad, California,
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 Hazard Reduction Resolution with the San Diego County Auditor before Aug. 10, 2023.
Individuals wishing to speak on this proposal are cordially invited to attend this public hearing. Copies of
the staff report will be available on and af:ter Friday, July 21, 2023. If you have any questions, please
contact Fire Marshal Randy Metz in the Fire Department at 442-3.39-2661 or randy.metz@carlsbadca.gov.
The meeting can be viewed online at https://www.carlsbadca.gov/city-hall/meetings-agendas or.on the
City's cable channel. In addition, written comments ,:nay be submitted to the City Council at or prior to
the hearing via U.S. Mail to the attent ion of Office of the City Clerk, 1200 Carlsbad Village Drive, Carlsbad,
CA 92008, or via email to clerk@carlsbadca.gov.
If you challenge the Hazard Reduction Program 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 14, 2023
CITY OF CARLSBAD
CITY COUNCIL