CA Review __AF_
Meeting Date: July 26, 2022
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Randy Metz, Fire Marshal
[email protected], 442-339-2661
Subject: 2022 Hazard Reduction Cost Report
District: All
Recommended Action
Hold a public hearing and adopt a resolution to approve the 2022 Hazard Reduction Cost Report and direct the city clerk to file a certified copy of the resolution and report with the San Diego County Auditor before Aug. 10, 2022.
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 as public nuisances.
This is the last of three reports for the 2022 Hazard Reduction Program, covering the program’s annual results. Staff recommend approval of the Hazard Reduction Cost Report.
Discussion
The Fire Department’s annual hazard survey identified 142 parcels with potential hazards. On March 15, the City Council declared these parcels as public nuisances. On March 16, 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 19 at which they could voice objections to any parcel being declared as a nuisance. The property owners were notified that any nuisances existing after May 15 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.
Four parcels were not cleaned up. The city’s contractor has since completed weed abatement services, including mowing and hand work, on those four parcels. The contractor’s fee for these services is $4,725.20. Each property owner will be charged for the work performed by the contractor plus an administration fee of $298.00. The total cost for weed abatement is $5,917.20. Exhibit 2 provides cost details for each property by the county assessor’s parcel number and address.
July 26, 2022 Item #8 Page 1 of 8
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 2022 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 operating budget has sufficient funds for weed abatement expenditures in fiscal year 2021-22. Payments received on property tax bills for these expenses will be returned to the city’s General Fund in the following year.
Next Steps
After closing the public hearing, the Office of the City Clerk will file a certified copy of the resolution and final 2022 Hazard Reduction Cost Report with the San Diego County Auditor before Aug. 10, 2022.
Environmental Evaluation
This action does not constitute a project under the California Environmental Quality Act under Public Resources Code Section 21065 because it has no potential to cause a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
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. 2022 Hazard Reduction Cost Report
3.Fixed Charge Special Assessment
4.Certification of Fixed Charge Special Assessments
July 26, 2022 Item #8 Page 2 of 8
RESOLUTION NO. 2022-195
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING THE 2022 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
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 declared weeds and rubbish as public nuisances 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 public hearing was held in the City Council Chambers at 1200 Carlsbad Village Drive, Carlsbad, California on July 26, 2022, at 5:00 pm 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, 2022, are subject to abatement by the City of Carlsbad, and the cost of the abatement will appear on the property tax bill.
Exhibit 1
July 26, 2022 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, 2022.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 26th day of :!Jd!y, 2022, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Acosta, Norby.
None.
None.
y!£v �AVIOLA MEDINA, City Clerk Services Manager
(SEAL)
July 26, 2022 Item #8 Page 4 of 8
MATT H-:?:!£$ )U1 , ayor
Carlsbad Fire Department
2022 Hazard Reduction Cost Report
Exhibit 2 APN Address Mow Mow Mow Mow Mulch Mulch Mulch Hand Work Hand Hand Hand Work Contract Admin Total Size Dollar AmtHrs Dollar Amt Price/Hr Hrs Dollar Amt Sq Ft Price/Hr Hr Dollar Amt Charges Charge Cost 1 2061920700
B W LIVING TRUST 08-10-88
C/O BETTY WOOD
P O BOX 2794
BEVERLY HILLS CA 90213
0 $75.00 0 0 $35.00 24Hr $840.00 $840.00 $298.00 $1,138.00 2 2152700400
YACABUCCI JAMES E SEPARATE
PROPERTY TRUST 2635 VISTA DEL
CONQUISTADOR JAMUL CA 91935 0 $85.00 0 16560 $35.00 4Hr $140.00 $885.20 $298.00 $1,183.20 3 2154600600
ABEDI REZA + FARIDI EFFAT 1 RUE
RENOIR TRABUCO CANYON CA 92679 0 $75.00 0 $35.00 24Hr $840.00 $840.00 $298.00 $1,138.00 4 2154921600
SANTISTEVAN DAVID R 4660 LA JOLLA
DR 200 SAN DIEGO CA 92122 4 $75.00 8 $300.00 $75.00 8 Hr $600.00 $35.00 36Hr $1,260.00 $2,160.00 $298.00 $2,458.00 Totals $3,080.00 $4,725.20 $1,192.00 $5,917.20
Exhibit 3
City: City of Carlsbad Submitted By:Megan VanZandt
Type of Assessment:Weed Abatement Telephone No:442-339-2665 Fund Number: 601004 FAX No.: 760-602-8561
E-mail Address:[email protected]
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
206 192 7 0 $1,138.00
215 270 4 0 $1,183.20
215 460 6 0 $1,138.00
215 492 16 0 $2,458.00
Total $5,917.20
FIXED CHARGE SPECIAL ASSESSMENT
INPUT FORMAT FOR TYPEWRITTEN LIST
PARCEL NUMBER *FOR STATE ROLL
ONLY*
July 26, 2022 Item #8 Page 6 of 8
155 180 28 00
2061920700
2152320100
2153702800
2154921600
2159503900
2159504000
2159504100
2159504200
2159504300
2159504400
2159504500
2159504600
2159504700
2159504800
2159504900
2159505000
2159505100
2159505200
2159505300
2159505400
2159505500
2161601800
2231305000
2154914601
21549146022154914701
2154914702
2161242601
2161242601
July 26, 2022 Item #8 Page 7 of 8
August 10, 2022
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 2021/22 are as listed below:
Fund No. Count Amount
601004 4 $ 5,917.20
FAV C4, MEDINA
City Clerk Services Manager
EXHIBIT 4
July 26, 2022 Item #8 Page 8 of 8
TO: CITY CLERK
DATE OF PUBLIC HEARING:
AFFIDAVIT OF MAILING
NOTICE OF PUBLIC HEARING
suBJ EcT: ----l,;L.,._, )£...12.=p:!ioi;rfl~Gha=.......i.,i...~±R:::s...a...t.m~M=-..t....::~=-------- LocAT1ON: G:f'i200 Carlsbad Village Drive, Carlsbad, CA 92008 D Other: ------------------
DATE POSTED TO CITY WEBSITE __ ~_,_,_,_/-:J.-/_J......,.~-- DATE NOTICES MAILED TO PROPERTY OWNERS: -----------
NUMBER MAILED: -
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.
DEPARTMENT: ~TY CLERK'S OFFICE □OTHER _______ _
J , 21'1~ '/ li d:/.::J ;;J.
Signature Date
SENT TO FOR PUBLICATION VIA E-MAIL TO: □ Union Tribune on ___ _ ~ Coast News on· 'J /11/;J.;;J
PUBLICATION DATE: Union Tribune --------------
Coast News---~~/ /'--'5 ....... -J.-/-h'J._~;;,)..._ ____ _ 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.
DEPARTMENT: ~TY CLERK'S OFFICE □ OTHER _______ _
I
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 26, 2022, 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, 2022.
Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. The staff report will be available on or after Friday, July 22, 2022. If you have any questions, please contact Fire Marshal Randy Metz in the Fire Department at (442)339-2661 or [email protected]. The meeting can be viewed on line 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 [email protected].
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 15, 2022
CITY OF CARLSBAD
CITY COUNCIL