CITY OF EL PASO DE ROBLES
"The Pass of the Oaks"
City Council Agenda Addendum
Tuesday, July 18, 2023, 6:30 PM
Council Chamber 1000 Spring Street, Paso Robles
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Pages
I. CONSENT CALENDAR
*15. Approval of the Cost Report for Costs Incurred Abating Public Nuisance Parcels 2 - 7 Paul Patti, Battalion Chief/Fire Marshal
CEQA Determination: The City finds that this action is not a project under the California Environmental Quality Act pursuant to State Guidelines Section State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.
Recommendation: Approve Resolution 23-XXX, confirming the cost report of abated parcels described in Exhibit A including the associated administrative fees and submit to the County Auditor-Controller.
City Council Agenda July 18, 2023
Council Agenda Report
From: Paul Patti, Battalion Chief/Fire Marshal
Subject: Approval of the Cost Report for Costs Incurred Abating Public Nuisance Parcels CEQA Determination: The City finds that this action is not a project under the California Environmental Quality Act pursuant to State Guidelines Section State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.
Date: July 18, 2023
Facts
1. On June 20, 2023, the City Council approved Resolution 23-082, confirming weeds or noxious growth on specific properties within the City to be a nuisance.
2. “Notice to Abate” letters were mailed to the property owner address on file with the county assessor on two separate occasions; additional notice was mailed to each occupant of the physical address; and letters returned had the properties staked with a copy of the need to abate.
3. The City entered into a Maintenance Services Agreement with KD Jani to abate unaddressed properties. As of June 21, 2023, 15 of the initial 1,070 properties remained in violation and abatement work commenced.
4. Costs for each abated parcel were tracked and are attached as Exhibit A.
Options
1. Take no action.
2. Confirm the cost report including the associated administrative fees for submission to the County Auditor-Controller.
3. Amend or modify the resolution as submitted.
4. Provide alternative direction to staff.
Analysis and Conclusions
Through its delegated authority, Paso Robles Fire and Emergency Services (PRFES) works to eliminate community fire hazards created by dry vegetation (weeds), consistent with Government Code sections 39561-39588 and Paso Robles Municipal Code Chapter 16.10. This work includes a public information campaign, letters to property owners, and occupants of parcels found in violation, and individual property assessments.
PRFES made reasonable attempts to achieve safety regulation compliance for those properties found in Exhibit A. These fifteen (15) properties nonetheless remained in violation and were abated to abatement ordinance standards, through an approved contractor.
Fiscal Impact
None for this action. Cost associated with the City ordered work will be recouped via direct invoice or through a special assessment lien on the negligent properties, if necessary. The charges for each of the
City Council Agenda July 18, 2023
unabated properties covers the full cost of the abatement, including administrative oversight. The administrative costs incurred by the City for properties that did abate after receiving notice, are not recouped.
CEQA
The City finds that this action is not a project under the California Environmental Quality Act pursuant to State Guidelines Section State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.
Recommendation
Approve Resolution 23-XXX, confirming the cost report of abated parcels described in Exhibit A including the associated administrative fees and submit to the County Auditor-Controller.
Attachments
1. Resolution 23-XXX
a. Exhibit A – Assessor’s Parcel Number, address, owner, invoice amount, and administrative fees.
City Council Agenda July 18, 2023
Attachment 1
RESOLUTION 23-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES
CONFIRMING THE ATTACHED COST REPORT FOR WEED ABATED PARCELS
AND AUTHORIZES THE COSTS BE FORWARDED TO THE COUNTY FOR INCLUSION ON THE NEXT TAX BILLS
WHEREAS, the City Council of El Paso de Robles(“City”) on June 20, 2023 adopted Resolution 23-082 “A resolution of the City Council of El Paso de Robles confirming existence of a public nuisance, therefore creating a potential fire hazard on various properties throughout the City and ordering the Fire Chief to abate the nuisance”; and
WHEREAS, the Confirmation of Nuisance, among other things:
Confirmed that weeds or noxious growth growing on certain properties within the City were a nuisance.
Directed the Fire Chief to “Abate” the nuisance parcels as outlined in section 16.10 of the Paso Robles Municipal Code.
Invited Property owners to show cause why such condition should not be condemned as a public nuisance; and
WHEREAS, the Fire Chief had the parcels identified in Exhibit A abated to the adopted standards In Ordinance 16.10; and
WHEREAS, the associated costs for abatement, including a one-hundred percent administrative fee, must be considered, and confirmed by Council prior to submission to the county auditor-controller for inclusion on the next regular tax bill; and
WHEREAS, the City has provided all requisite notice and hearing procedures for imposition of the attached abatement costs consistent with Government Code sections 39561—39588 and Paso Robles Municipal Code Chapter 16.10.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The City Council hereby confirms the cost report attached as Exhibit A and approves and directs the Fire Chief (or his designee) to forward the costs to the county auditorcontroller for inclusion as a levy against the parcels on the next regular tax bill.
Section 2. This Resolution is not subject to the provisions of the California Environmental Quality Act (CEQA) because it can be seen with certainty that there is no possibility the project will have a significant effect on the environment, and because, by following weed abatement procedures, the City is protecting persons and property from emergencies caused by the risk of fire, explosion, and earthquake. (CEQA Guidelines § 15061(b)(3); Pub. Res. Code § 21080(b)(4).) APPROVED this 18th day of July, 2023, by the following vote:
City Council Agenda July 18, 2023
Attachment 1
AYES:
NOES:
ABSENT:
ABSTAIN:
Steven W. Martin, Mayor
ATTEST:
Melissa Boyer, City Clerk
City Council Agenda July 18, 2023
Paso Robles Fire and Emergency Services 2023
Weed Abatement Charges Exhibit A 1
City Council Agenda July 18, 2023
NO. APN SITE ADDRESS PROPERTY OWNER KD JANNI INVOICE ADMIN FEE TOTAL 1 008-012-025 504 38th St. SLO Investments LLC A CA LLC $280.00 $280.00 $560.00 2 008-012-027 520 38th St. SLO Investments LLC A CA LLC $280.00 $280.00 $560.00 3 008-012-028 534 38th St. SLO Investments LLC A CA LLC $167.50 $167.50 $335.00 4 009-031-016 3441 Spring St. Gustafson- Sawyer, Mary A. $420.00 $420.00 $840.00 5 008-042-020 3318 Spring St. Paso Robles Spring St. LLC $700.00 $700.00 $1,400.00 6 009-251-025 521 Olive Dr. Ross, Marsha L $220.00 $220.00 $440.00 7 009-341-012 529 Ferro Ln. Dritsas Eleftherios & Dimitra Trst. $110.00 $110.00 $220.00 8 009-7596-033 2488 Falcon Dr. Plymale Family Trust $55.00 $55.00 $110.00 9 009-781-042 1524 Sierra Ln. Bray, Taylor J $165.00 $165.00 $330.00 10 025-151-011 924 Osos Wy. Garcia, Ernest $840.00 $840.00 $1,680.00 11 025-372-004 1927 Catahoula Ct. Alvarez, Hector $165.00 $165.00 $330.00 12 025-422-035 2457 Golden Hill Paso Golden Hill LLC A DE LLC $560.00 $560.00 $1,120.00 13 025-434-011 5050 Airport Rd. Rich Property Mgt. LLC A CA LLC $280.00 $280.00 $560.00 14 025-438-034 2712 Dry Creek Rd. Dry Creek Partners LLA A CA LLC $840.00 $840.00 $1,680.00 15 025-530-003 329 Wild Mustard James Duenow $560.00 $560.00 $1,120.00 16 025-151-014 936 Osos Way Kinner, Kimberly L $610.00 $610.00 $1,220.00 TOTAL: 6,252.50 $6,252.50 $12,505.00
Exhibit A - Revised
City Council Agenda July 18, 2023