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Home My WebLink About2024-07-30; City Council; ; 2024 Hazard Reduction Cost ReportCA Review JRT Meeting Date: July 30, 2024 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: 2024 Hazard Reduction Cost Report Districts: All Recommended Actions Hold a public hearing and: 1.Adopt a resolution approving the 2024 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, 2024. 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. As noted in California Government Code Sections 39560-39588, the City Council may declare weeds, rubbish and refuse on private property to be public nuisances. This is the last of three reports for the 2024 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 164 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 19, 2024. 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 16, 2024, to voice objections to any parcel being declared as a nuisance. The property owners were notified that any nuisances existing after May 15, 2024, 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-four 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 $23,138. July 30, 2024 Item #8 Page 1 of 7 • Each property owner will be charged for the work performed by the contractor plus an administration fee of $341. • The total cost for weed abatement is $31,322. Attachment A to Exhibit 1 provides cost details for each property, listed by the county assessor’s parcel number and owner’s mailing address. The San Diego County Tax Assessor has classified seven 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 $8,832.75. 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 2024 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 2023-24. Payments received on property tax bills for these expenses will be returned to the city’s General Fund in the following year. Next Steps Exhibits 2 and 3 are prescribed county forms for fixed charge special assessments. The City Clerk will file both forms along with a certified copy of the resolution and report to the San Diego County Tax Assessor before Aug. 10, 2024. Environmental Evaluation The City Planner, through the process outlined in Carlsbad Municipal Code Section 19.04.060, has determined that this project is exempt pursuant to 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. The City Planner’s determination of exemption was posted to the city’s website on March 28, 2024, and a subsequent notice of exemption was filed with the San Diego County Recorder’s Office and State Clearinghouse on April 22, 2024. Exhibits 1. City Council resolution 2. Fixed charge special assessment 3. Certification of fixed charge special assessments July 30, 2024 Item #8 Page 2 of 7 RESOLUTION NO. 2024-197 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE 2024 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, 2024 WHEREAS, the City Council of the City of Carlsbad, California has determined that weeds, rubbish .and refuse exist or are likely to exist' on vacant parcels throughout the city; and WHEREAS, said weeds and rubl;>ish constitute a hazard to public safety and to private property during the drier months of the year due to combustibility. 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 declared 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 declared its intention to cause the removal of said weeds, rubbish and refuse. The City Clerk of the City of Carlsbad mailed written notices of the proposed abatement of said nuisances to all persons owning the property described in Attachment A. 6.Property owners were notified that nuisances existing after May 15, 2024, are subject to abatement by the City of Carlsbad, and the cost of abatement will appear on the property tax bill. 7.A public hearing was held in the City of Carlsbad Chamber at 1200 Carlsbad Village Drive, Carlsbad, CA, on April 16, 2024, to consider responses from property owners to said proposed removal of weeds, rubbish and refuse. Exhibit 1 July 30, 2024 Item #8 Page 3 of 7 8.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. 9.The Superintendent authorized abatement by removing weeds, rubbish and refuse from the properties listed in Attachment A. 10.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. 11.A public hearing was held in the City Council Chamber at 1200 Carlsbad Village Drive, Carlsbad, California, on July 30, 2024, at 5 p.m. to consider and confirm the final 2024 Hazard Reduction Cost Report. 12.All protests and objections, other than those allowed and deleted from said report, if any, are hereby overruled and denied. 13.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. 14.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, 2024. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 30th day of !!!.!Y, 2024, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA. NONE. NONE. NONE. KEITH BLACKBURN, Mayor ()JL * SHERRY FREISINGER, City Clerk (SEAL) July 30, 2024 Item #8 Page 4 of 7 APN Site BCE DEVELOPMENT 999 S HASTINGS ST 1 2154932100 VANCOUVER CANADA MARY AND JOHN GRANT FOUNDATION 3298 GOVERNOR DR #221029 2 2154401300 SAN DIEGO CA 92122 OPTIMAL RETIREMENT LLC PO BOX 503928 3 2154914601 SAN DIEGO CA 92150 OPTIMAL RETIREMENT LLC PO BOX 503928 4 2154914602 SAN DIEGO CA 92150 OPTIMAL RETIREMENT LLC PO BOX 503928 5 2154914701 SAN DIEGO CA 92150 OPTIMAL RETl~EMENT LLC PO BOX 503928 6 2154914702 SAN DIEGO CA 92150 SANTISTEVAN DAVID R 4660 LA JOLLA VILLAGE DR 200 7 2154921600 SAN DIEGO CA 92122 BCE DEVELOPMENT 999 S HASTINGS ST 8 2163800200 VANCOUVER CANADA 9 2231802600 BCE DEVELOPMENT BCE DEVELOPMENT 999 S HASTINGS ST 10 2232301100 VANCOUVER CANADA BCE DEVELOPMENT 999 S HASTINGS ST 11 2232832000 VANCOUVER CANADA CHESTNUT CARLSBAD LLC 3910 CHAPMAN ST #A 12 1670804900 SAN DIEGO, CA NORTHSHORE HEALTHCARE HOLDINGS LLC 905 CALLE AMANECER UNIT 300 13 1670907200 SAN CLEMENTE, CA STANDARD-PACIFIC CORPORATION 7290 CLAIREMONT MESA BLVD 14 1674421300 SAN DIEGO, CA TIERRA PACIFIC ENTERPRISES LLC PO BOX 5766 15 2061201600 ORANGE CA 92863 TIERRA PACIFIC ENTERPRISES LLC PO BOX 5766 16 2061720500 ORANGE CA 92863 TIERRA PACIFIC ENTERPRISES LLC PO BOX 5766 17 2061720600 ORANGE CA 92863 TIERRA PACIFIC ENTERPRISES LLC PO BOX 5766 18 2061720700 ORANGE CA 92863 CSAFTIS RYAN+CECELIA PO BOX 10070 19 2081331100 PALM DESERT CA 92255 PALOMAR OAKS BUSINESS CENTER ASSN C/0 CHARLES DUNN CO 888 PROSPECT ST #110 20 2130922500 LA JOLLA CA 92037 SCHULER FOSTER R TRUST 08-19-81 655 W BROADWAY UNIT 1600 21 2150702300 SAN DIEGO, CA EDBELL LLC 2VIATUNAS 22 2144715200 SAN CLEMENTE CA 92673 ROSEBUD CARLSBAD LLC PO BOX 7218 23 1670805000 SAN DIEGO CA 92167 SAHU AMIT K+AJMERA PARULBEN N PO BOX 503928 24 2061924100 SAN DIEGO CA 92150 Totals July 30, 2024 carlsbad Fire Department 2024 Hazard Reduction Program Hours Mow Price/Hour Hand Labor Price/Hour 4 $ 86.25 $ 40.25 4 $ 86.25 $ 40.25 4 $ 86.25 $ 40.25 4 $ 86.25 $ 40.25 4 $ 86.25 $ 40.25 4 $ 86.25 $ 40.25 5 $ 86.25 $ 40.25 4 $ 86.25 $ 40.25 4 $ 86.25 $ 40.25 3 $ 86.25 $ 40.25 7 $ 86.25 $ 40.25 4 $ 86.25 $ 40.25 1 $ 86.25 $ 40.25 5 $ 86.25 s 40.25 4 $ 86.25 $ 40.25 1 S 86.25 s 40.25 1 $ 86.25 s 40.25 1 $ 86.25 $ 40.25 2 $ 86.25 s 40.25 3 $ 86.25 $ 40.25 4 $ 86.25 s 40.25 8 $ 86.25 $ 40.25 7 $ 86.25 $ 40.25 2 S 86.25 $ 40.25 Attachment A Hand Labor Total Mow Total Hand Labor Admln Fees Grand Total Hours 16 $ 345.00 $ 644.00 $ 341.00 $ 1,330.00 16 $ 345.00 $ 644.00 $ 341.00 $ 1,330.00 16 $ 345.00 $ 644.00 $ 341.00 $ 1,330.00 16 $ 345.00 $ 644.00 $ 341.00 $ 1,330.00 21 $ 345.00 $ 845.25 $ 341.00 $ 1,531.25 21 $ 345.00 $ 845.25 $ 341.00 $ 1,531.25 16 $ 431.25 $ 644.00 $ 341.00 $ 1,416.25 12 $ 345.00 $ 483.00 $ 341,00 $ 1,169.00 12 $ 345.00 $ 483.00 $ 341.00 $ 1,169.00 12 $ 258.75 $ 483.00 $ . 341.00 $ 1,082.75 24 $ 603.75 $ 966.00 $ 341.00 $ 1,910.75 20 $ 345.00 $ 805.00 $ 341.00 $ 1,491.00 6 $ 86.25 $ 241.50 s 341.00 $ 668.75 20 $ 431.25 s 805.00 $ 341.00 $ 1,577.25 24 $ 345.00 s 966.00 s 341.00 $ 1,652.00 2 $ 86.25 $ BO.SO s 341.00 $ 507. 75 2 $ 86.25 s 80.50 $ 341.00 $ 507.75 2 $ 86.25 $ 80.50 $ 341.00 s 507.75 6 S 172.50 $ 241.50 $ 341.00 s 755.00 32 $ 258.75 $ 1,288.00 s 341.00 s 1,887.75 16 $ 345.00 s 644.00 $ 341.00 s 1,330.00 40 $ 690.00 $ 1,610.00 $ 341.00 $ 2,641.00 24 $ 603.75 $ 966.00 $ 341.00 s 1,910.75 6 $ 172.50 $ 241.50 s 341.00 $ 755.00 $ 7,762.50 $ 15,375.50 $ 8,184.00 $ 31,322.00 Item #8 Page 5 of 7 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 215 493 21 0 $1,330.00 215 440 13 0 $1,330.00 215 491 46 1 $1,330.00 215 491 46 2 $1,330.00 215 491 47 1 $1,531.25 215 491 47 2 $1,531.25 215 492 16 0 $1,416.25 216 380 2 0 $1,169.00 223 180 26 0 $1,169.00 223 230 11 0 $1,082.75 223 283 20 0 $1,910.75 167 80 49 0 $1,491.00 167 90 72 0 $668.75 167 442 13 0 $1,577.25 206 120 16 0 $1,652.00 206 172 5 0 $507.75 206 172 6 0 $507.75 206 172 7 0 $507.75 208 133 11 0 $755.00 213 92 25 0 $1,887.75 215 70 23 0 $1,330.00 214 471 52 0 $2,641.00 167 80 50 0 $1,910.75 206 192 41 0 $755.00 Total $31,322.00 Exhibit 2 FIXED CHARGE SPECIAL ASSESSMENT INPUT FORMAT FOR TYPEWRITTEN LIST PARCEL NUMBER *FOR STATE ROLL ONLY* July 30, 2024 Item #8 Page 6 of 7 August 1, 2024 County of San Diego Auditor and Controller Property Tax Services 1600 Pacific 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 2024/25 are as listed below: Fund No. 601004 Certified by: SHERRY FREISINGER City Clerk Count Amount 24 $31,322.00 Exhibit 3 July 30, 2024 Item #8 Page 7 of 7 AFFIDAVIT OF MAILING NOTICE OF PUBLIC HEARING TO: CITY CLERK DATE OF PUBLIC HEARING: '7 / 30/ 0ool <-/ su BJ ECT: _ __,_L..___J -'---~-=aa,_......,._;:OJ::xa~ .......... ± o......_muJ;"----""'=---~/ tl-+-\l\_.__W....;:;...;;...rv1-'----4g.--=QLUJL( h\-)1\ LOCATION: ~00 Carlsba~ Village Drive, Carlsbad, CA 92008 D Other: ------------------ DATE POSTED TO CITY WEBSITE ~ / / ~/ d0 Q '1 . 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: B'cirv CLERK'S OFFICE □OTHER _______ _ Signature Date SENT TO FOR PUBLICATION VIA E-MAIL TO: Union Tribune on ---- Coast News on· /"J / I a/ olf , PUBLICATION DATE: Union Tribune -------------- I 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. DEPARTM ENT: i::ac:1TY CLERK'S OFFICE □ OTHER _______ _ Signature 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 30, 2024, 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, 2024. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. The staff report will be available on and after Friday, July 26, 2024. If you have any questions, please contact Randy Metz, Fire Marshal, at (442) 339-2661 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 may be submitted to the City Council at or prior to the hearing via U.S. Mail to the attention 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: FRIDAY, JULY 19, 2024 CITY OF CARLSBAD I CITY COUNCIL Cl1Y OF C!JUSBJJ> NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that the City Council of the City of Carlsbad will hold .11. public hearing on Tuesday, July 30, 202♦, at 5 p.m .. at lhc Council Chamber, 1200 Carls- bad Village Or1\·e. Carlsbad. California. to hear objection& of property owners concerning CQS\.S of weed abatement acti\~tyon private propterties. toappn,weeost assessments for weed abatement activity, and to direct the City Clerk to file a certified copy of the Hua.rd Reduc- tion Resolution 'With the San Diego County Auditor before Ans;. 10, 2024. Those persons wishing to speak on this proposa1 are cordially invited to attend the public hearing. The staff report wiU be ava.ilable on and ~r Friday, July 26, 2024. Jfyou havea.ny queftions, please contact Randy Md::Z., Fire Marshal, at (442) 339-2661 or~ c1dsb1dc1 gov The m~ting can be viewed onJinea1 bttps·/Jwwy.• radsbadca grwlcitJ-baU/ mcetinp-■grndas or on the City's cable channel In addition, written oommenU may be submitted to the City Council at or prior to the hearing via U.S. M&il to the attention of Office oftm City Clerk. 1200 Carlsbad vmage Dri\.'e, Carlsbad, CA 92008, or via email to derk@cadsbadca p· If you challenge the Huard Reduction Program in court, you may be limited to only raising issues presented at the public hearing described in this not.ice or in written correspondence deJjvued prior lo the public hearing to the City ofC&rlsbad, Attn: Cit;y Clerk's Office, 1200 Cart&bad Villap Dri\'e, C&rlsbad, CA 92008. PUBLISH DATE: FRIDAY, JULY 19, 2024- CITY OF CARUBAO I CITY COUNCIL 07/19/202♦ CN 29189 3 col x4" 12"x $15 $180.00