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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) ,,,\\\\\UIIIIIJtJJ "'''' CA 11111 � o"< A� ''❖✓. lt:_.,..--9:··-.IS'� f c3/��·· .. -v%. i l �.:rJf7 ,.))\ o �\, j'??t��:{ J ,,,,, 4[.1 ··· ...... _,,'?'-.f ,,,,,, FQ�\',,,"' f//111111111\\\\'''' July 25, 2023 Item #8 Page 4 of 8 ~ ~ Ca r l s b a d F i r e D e p a r t m e n t 20 2 3 Ha z a r d R e d u c t i o n P r o g r a m AP N Si t e Ac r e s o r Mo w P r i c e / A c r e Ha n d L a b o r Ha n d L a b o r To t a l s To t a l Ad m i n F e e s Gr a n d T o t a l Ho u r s or P r i c e / H r Pr i c e / H r Ho u r s Mo w Ha n d L a b o r 1 15 6 1 9 0 3 4 0 0 BA C C U S D E N N I S 41 1 4 C O N Q U I S T A A V E LA K E W O O D , C A 9 0 7 1 3 $8 6 . 2 5 $4 0 . 2 5 8 $0 . 0 0 $3 2 2 . 0 0 $3 2 1 . 0 0 $6 4 3 . 0 0 2 15 6 3 5 1 0 1 0 0 CA R L S B A D L A N A I P R O P E R T Y L L C 49 2 1 A L A M E D A D R OC E A N S I D E , C A 9 2 0 5 6 $8 6 . 2 5 $4 0 . 2 5 64 $0 . 0 0 $2 , 5 7 6 . 0 0 $3 2 1 . 0 0 $2 , 8 9 7 . 0 0 3 16 7 0 8 0 5 0 0 0 FO R N A L J C U R T I S & K A T H L E E N M / B E R N A R D F L O Y D C T R J R & L Y N N M PO B O X 7 2 1 8 SA N D I E G O , C A 9 2 1 6 7 $8 6 . 2 5 $4 0 . 2 5 48 $0 . 0 0 $1 , 9 3 2 . 0 0 $3 2 1 . 0 0 $2 , 2 5 3 . 0 0 4 16 8 0 4 1 2 2 0 0 RO B E R T S O N V I R G I N I A A N D K E L L Y E L S I E M PO B O X 3 5 CA R L S B A D , C A 9 2 0 0 8 $8 6 . 2 5 $4 0 . 2 5 64 $0 . 0 0 $2 , 5 7 6 . 0 0 $3 2 1 . 0 0 $2 , 8 9 7 . 0 0 5 20 6 1 2 0 1 6 0 0 TI E R R A P A C I F I C E N T E R P R I S E S L L C PO B O X 5 7 6 6 BE V E R L Y H I L L S C A 9 0 2 1 3 $8 6 . 2 5 $4 0 . 2 5 8 $0 . 0 0 $3 2 2 . 0 0 $3 2 1 . 0 0 $6 4 3 . 0 0 6 20 6 1 9 2 0 7 0 0 B W L I V I N G T R U S T 0 8 - 1 0 - 8 8 C/ O B E T T Y W O O D PO B O X 2 7 9 4 BE V E R L Y H I L L S , C A 9 0 2 1 3 $8 6 . 2 5 $4 0 . 2 5 14 $0 . 0 0 $5 6 3 . 5 0 $3 2 1 . 0 0 $8 8 4 . 5 0 7 20 6 2 0 0 0 1 0 0 RO M A Y A N I B R A S / R O M A Y A S U R A 17 1 4 M E R L I N C T EL C A J O N , C A 9 2 0 1 9 $8 6 . 2 5 $4 0 . 2 5 8 $0 . 0 0 $3 2 2 . 0 0 $3 2 1 . 0 0 $6 4 3 . 0 0 8 20 8 1 3 3 1 1 0 0 CS A F T I S R Y A N + C E C E L I A PO B O X 1 0 0 7 0 PA L M D E S E R T C A 9 2 2 5 5 4 $8 6 . 2 5 $4 0 . 2 5 20 $3 4 5 . 0 0 $8 0 5 . 0 0 $3 2 1 . 0 0 $1 , 4 7 1 . 0 0 9 21 5 2 2 0 6 0 0 0 L C I N V E S T M E N T 2 0 1 0 L L C C / o M a t h e w D u n m y e r 40 0 1 M A P L E A V E # 6 0 0 DA L L A S T X 7 5 2 1 9 $8 6 . 2 5 $4 0 . 2 5 8 $0 . 0 0 $3 2 2 . 0 0 $3 2 1 . 0 0 $6 4 3 . 0 0 10 21 5 3 1 0 0 5 0 0 FO N L E Y F A M I L Y T R U S T 0 6 - 2 5 - 9 7 90 2 4 W I N D F L O W E R P L AN N A N D A L E , V A 2 2 0 0 3 - 4 0 5 7 $8 6 . 2 5 $4 0 . 2 5 8 $0 . 0 0 $3 2 2 . 0 0 $3 2 1 . 0 0 $6 4 3 . 0 0 11 21 5 4 9 2 1 6 0 0 SA N T I S T E V A N D A V I D R 46 6 0 L A J O L L A V I L L A G E D R 2 0 0 SA N D I E G O C A 9 2 1 2 2 $8 6 . 2 5 $4 0 . 2 5 32 $0 . 0 0 $1 , 2 8 8 . 0 0 $3 2 1 . 0 0 $1 , 6 0 9 . 0 0 12 21 5 4 9 3 2 1 0 0 BC E D e v e l o p m e n t 99 9 S H a s t i n g s S t VA N C O U V E R , B C V 6 C 2 W 7 C A N A D A $8 6 . 2 5 $4 0 . 2 5 10 4 $0 . 0 0 $4 , 1 8 6 . 0 0 $3 2 1 . 0 0 $4 , 5 0 7 . 0 0 13 21 6 2 4 0 1 8 0 0 DO S H I A S H O K A N D M E G H A M A L A 93 1 G O L D E N R O D L N LA K E F O R E S T , I L 6 0 0 4 5 $8 6 . 2 5 $4 0 . 2 5 8 $0 . 0 0 $3 2 2 . 0 0 $3 2 1 . 0 0 $6 4 3 . 0 0 14 21 6 3 8 0 0 2 0 0 BC E D e v e l o p m e n t 99 9 S H a s t i n g s S t VA N C O U V E R , B C V 6 C 2 W 7 C A N A D A $8 6 . 2 5 $4 0 . 2 5 52 $0 . 0 0 $2 , 0 9 3 . 0 0 $3 2 1 . 0 0 $2 , 4 1 4 . 0 0 Attachment A July 25, 2023 Item #8 Page 5 of 8 Ca r l s b a d F i r e D e p a r t m e n t 20 2 3 Ha z a r d R e d u c t i o n P r o g r a m 15 21 6 5 9 3 1 0 0 0 L C I N V E S T M E N T 2 0 1 0 L L C 40 0 1 M A P L E A V E # 6 0 0 DA L L A S T X 7 5 2 1 9 $8 6 . 2 5 $4 0 . 2 5 10 $0 . 0 0 $4 0 2 . 5 0 $3 2 1 . 0 0 $7 2 3 . 5 0 16 22 3 1 8 0 2 6 0 0 BC E D e v e l o p m e n t 99 9 S H a s t i n g s S t VA N C O U V E R , B C V 6 C 2 W 7 C A N A D A $8 6 . 2 5 $4 0 . 2 5 32 $0 . 0 0 $1 , 2 8 8 . 0 0 $3 2 1 . 0 0 $1 , 6 0 9 . 0 0 17 22 3 2 3 0 1 1 0 0 BC E D e v e l o p m e n t 99 9 S H a s t i n g s S t VA N C O U V E R , B C V 6 C 2 W 7 C A N A D A $8 6 . 2 5 $4 0 . 2 5 24 $0 . 0 0 $9 6 6 . 0 0 $3 2 1 . 0 0 $1 , 2 8 7 . 0 0 18 22 3 2 8 3 2 0 0 0 BC E D e v e l o p m e n t 99 9 S H a s t i n g s S t VA N C O U V E R , B C V 6 C 2 W 7 C A N A D A $8 6 . 2 5 $4 0 . 2 5 16 $0 . 0 0 $6 4 4 . 0 0 $3 2 1 . 0 0 $9 6 5 . 0 0 19 16 7 0 8 0 3 5 0 0 VL A D I M I R M O G O R E A N 41 2 7 W O O D S T O C K A V E GO L D E N V A L L E Y , M N 5 5 4 2 2 - 5 2 3 9 $8 6 . 2 5 $4 0 . 2 5 16 $0 . 0 0 $6 4 4 . 0 0 $3 2 1 . 0 0 $9 6 5 . 0 0 20 20 7 1 8 0 0 8 0 0 LO D G I N G V E N T U R E S 35 3 1 T O R R A N C E B L V D TO R R A N C E , C A 9 0 5 0 3 $8 6 . 2 5 $4 0 . 2 5 4 $0 . 0 0 $1 6 1 . 0 0 $3 2 1 . 0 0 $4 8 2 . 0 0 21 20 7 1 8 0 0 9 0 0 LO D G I N G V E N T U R E S 35 3 1 T O R R A N C E B L V D TO R R A N C E , C A 9 0 5 0 3 $8 6 . 2 5 $4 0 . 2 5 4 $0 . 0 0 $1 6 1 . 0 0 $3 2 1 . 0 0 $4 8 2 . 0 0 22 20 7 1 8 0 1 0 0 0 LO D G I N G V E N T U R E S 35 3 1 T O R R A N C E B L V D TO R R A N C E , C A 9 0 5 0 3 $8 6 . 2 5 $4 0 . 2 5 4 $0 . 0 0 $1 6 1 . 0 0 $3 2 1 . 0 0 $4 8 2 . 0 0 23 20 7 1 8 0 1 2 0 0 LO D G I N G V E N T U R E S 35 3 1 T O R R A N C E B L V D TO R R A N C E , C A 9 0 5 0 3 $8 6 . 2 5 $4 0 . 2 5 4 $0 . 0 0 $1 6 1 . 0 0 $3 2 1 . 0 0 $4 8 2 . 0 0 To t a l s $3 4 5 . 0 0 $2 2 , 5 4 0 . 0 0 $7 , 3 8 3 . 0 0 $3 0 , 2 6 8 . 0 0 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