CA 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 [email protected], 442-339-2661
Subject: 2023 Hazard Reduction Cost Report
Districts: All
Reco
mmended 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
~
~
Carlsbad Fire Department
2023 Hazard Reduction Program
APN Site Acres or Mow Price/Acre Hand Labor Hand Labor Totals Total Admin Fees Grand Total Hours or Price/Hr Price/Hr Hours Mow Hand Labor
1 1561903400
BACCUS DENNIS
4114 CONQUISTA AVE
LAKEWOOD, CA 90713 $86.25 $40.25 8 $0.00 $322.00 $321.00 $643.00 2 1563510100
CARLSBAD LANAI PROPERTY LLC
4921 ALAMEDA DR
OCEANSIDE, CA 92056 $86.25 $40.25 64 $0.00 $2,576.00 $321.00 $2,897.00 3 1670805000
FORNAL J CURTIS & KATHLEEN M/BERNARD FLOYD C TR JR & LYNN M PO BOX 7218
SAN DIEGO, CA 92167 $86.25 $40.25 48 $0.00 $1,932.00 $321.00 $2,253.00 4 1680412200
ROBERTSON VIRGINIA AND KELLY ELSIE M
PO BOX 35
CARLSBAD, CA 92008 $86.25 $40.25 64 $0.00 $2,576.00 $321.00 $2,897.00 5 2061201600
TIERRA PACIFIC ENTERPRISES LLC
PO BOX 5766
BEVERLY HILLS CA 90213 $86.25 $40.25 8 $0.00 $322.00 $321.00 $643.00 6 2061920700
B W LIVING TRUST 08-10-88
C/O BETTY WOOD
PO BOX 2794
BEVERLY HILLS, CA 90213 $86.25 $40.25 14 $0.00 $563.50 $321.00 $884.50 7 2062000100
ROMAYA NIBRAS/ROMAYA SURA
1714 MERLIN CT
EL CAJON, CA 92019 $86.25 $40.25 8 $0.00 $322.00 $321.00 $643.00 8 2081331100
CSAFTIS RYAN+CECELIA
PO BOX 10070
PALM DESERT CA 92255 4 $86.25 $40.25 20 $345.00 $805.00 $321.00 $1,471.00 9 2152206000
L C INVESTMENT 2010 LLC C/o Mathew Dunmyer
4001 MAPLE AVE #600
DALLAS TX 75219 $86.25 $40.25 8 $0.00 $322.00 $321.00 $643.00 10 2153100500
FONLEY FAMILY TRUST 06-25-97
9024 WINDFLOWER PL
ANNANDALE, VA 22003-4057 $86.25 $40.25 8 $0.00 $322.00 $321.00 $643.00 11 2154921600
SANTISTEVAN DAVID R
4660 LA JOLLA VILLAGE DR 200
SAN DIEGO CA 92122 $86.25 $40.25 32 $0.00 $1,288.00 $321.00 $1,609.00 12 2154932100
BCE Development
999 S Hastings St
VANCOUVER, BC V6C 2W7 CANADA $86.25 $40.25 104 $0.00 $4,186.00 $321.00 $4,507.00 13 2162401800
DOSHI ASHOK AND MEGHAMALA
931 GOLDENROD LN
LAKE FOREST, IL 60045 $86.25 $40.25 8 $0.00 $322.00 $321.00 $643.00 14 2163800200
BCE Development
999 S Hastings St
VANCOUVER, BC V6C 2W7 CANADA $86.25 $40.25 52 $0.00 $2,093.00 $321.00 $2,414.00 Attachment A
July 25, 2023
Item #8 Page 5 of 8
Carlsbad Fire Department
2023 Hazard Reduction Program
15 2165931000
L C INVESTMENT 2010 LLC
4001 MAPLE AVE #600
DALLAS TX 75219 $86.25 $40.25 10 $0.00 $402.50 $321.00 $723.50 16 2231802600
BCE Development
999 S Hastings St
VANCOUVER, BC V6C 2W7 CANADA $86.25 $40.25 32 $0.00 $1,288.00 $321.00 $1,609.00 17 2232301100
BCE Development
999 S Hastings St
VANCOUVER, BC V6C 2W7 CANADA $86.25 $40.25 24 $0.00 $966.00 $321.00 $1,287.00 18 2232832000
BCE Development
999 S Hastings St
VANCOUVER, BC V6C 2W7 CANADA $86.25 $40.25 16 $0.00 $644.00 $321.00 $965.00 19 1670803500
VLADIMIR MOGOREAN
4127 WOODSTOCK AVE
GOLDEN VALLEY, MN 55422-5239 $86.25 $40.25 16 $0.00 $644.00 $321.00 $965.00 20 2071800800
LODGING VENTURES
3531 TORRANCE BLVD
TORRANCE, CA 90503 $86.25 $40.25 4 $0.00 $161.00 $321.00 $482.00 21 2071800900
LODGING VENTURES
3531 TORRANCE BLVD
TORRANCE, CA 90503 $86.25 $40.25 4 $0.00 $161.00 $321.00 $482.00 22 2071801000
LODGING VENTURES
3531 TORRANCE BLVD
TORRANCE, CA 90503 $86.25 $40.25 4 $0.00 $161.00 $321.00 $482.00 23 2071801200
LODGING VENTURES
3531 TORRANCE BLVD
TORRANCE, CA 90503 $86.25 $40.25 4 $0.00 $161.00 $321.00 $482.00 Totals $345.00 $22,540.00 $7,383.00 $30,268.00
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: [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
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
August 10, 2023
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 2023/24 are as listed below:
F_uncLNo. Count Amount
601004 17 $17,877.00
Certified by:
LoRm� b �HERRY FREISINGER
()'' City Clerk
Exhibit 3
Item #8 Page 8 of 8July 25, 2023
REPORT: ST070120-01A 601004
PROGRAM: ST0723
JOB: -ST07P010
FUND NUMBER 601004
RECORDS LOCAL
IN 23
DELETED 0
BAD 6
COMBINED
OUT 17
TO DATE TOTALS:
IN 23
DELETED 0
BAD 6
COMBINED
OUT 17
FIXED CHARGE SPECIAL ASSESSMENTS
**** FUND TOTALS****
WEED/RUBBISH ABATEMN
.NET ODD
STATE TOTAL FEES + CENTS
0 23 30,268.00
0 0 .00
0 6 12,391.00
0 0
0 17 17,877.00
0 23 30,268.00
0 0 .00
0 6 12,391.00
0 0
0 17 17,877.00
PAGE
RUN DATE:
RUN TIME:
1 08/11/2023
23:52
ERRORS BY TYPE
1 NON-NUMERIC DATA
2 FEE EQUALS ZERO
3 DUPL PARCEL-FUND, LATEST USE
4 NO MATCH ON FUND
5 NO MATCH ON STATE ROLL
6 NO MATCH ON LOCAL ROLL
·7 6 AV-LIMIT PARCEL, NO OVERRIDE
8 REPORT: ST070120-02
PROGRAM: ST0723
JOB: ST07P010
FUND NUMBER
SZED PARCEL
E 215-492-16-00
E 215-493-21-00
E 216-380-02-00
E 223-180-26-00
E 223-230-11-00
E 223-283-20-00
601004 FIXED CHARGE SPECIAL ASSESSMENTS
EDIT ERRORS AND UNMATCHED BY FUND
601004 WEED/RUBBISH ABATEMN
STATE NET ODD
TRA ASMNT FEE+ CENT
09053
09053
09186
09186
09186
09186
1,609.00
4,507.00
2,414.00
1,609.00
1,287.00
965.00
ERROR
CODES
7 7
7 7
7 7
S = STATE, D = DELETE, E
SZED PARCEL
PAGE
RUN DATE:
RUN TIME:
1 08/11/2023
23:52
ERROR, Z = AV-LIMIT PARCEL WITH OVERRIDE
STATE NET ODD ERROR
TRA ASMNT FEE+ CENT CODES
REPORT: ST070120-02A 601004
PROGRAM: ST0723
JOB: ST07P010
FUND NUMBER 601004
TOTAL BAD:
ERRORS BY TYPE
1 0
2 0
3 0
4 0
5 0
6 0
7 6
8 .0
PAGE
RUN DATE:
RUN TIME:
2 08/11/2023
23:52
FIXED CHARGE SPECIAL ASSESSMENTS
EDIT ERRORS AND UNMATCHED BY FUND
WEED/RUBBISH ABATEMN *** FUND TOTALS ***
LOCAL
6 STATE
0 NON-NUMERIC DATA
FEE EQUALS ZERO
DUPL PARCEL-FUND,
NO MATCH ON FUND
TOTAL
6 LATEST USE
NO MATCH ON STATE ROLL
NO MATCH ON LOCAL ROLL
AV-LIMIT PARCEL, NO OVERRIDE
NET FEES + ODD CENTS
12,391.00 .00
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?9-2661 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 r:i,ay 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 14, 2023
CITY OF CARLSBAD
CITY COUNCIL