PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #11.A
SUBJECT/TITLE:
PROTEST HEARING AND CERTIFICATION OF WEED ABATEMENT CHARGES FOR FORWARDING TO THE COUNTY OF SAN LUIS OBISPO FOR PLACEMENT ON 2022
PROPERTY TAX ROLLS
RECOMMENDATION:
1. Conduct a Public Hearing to hear protests from property owners regarding weed abatement charges;
2.Provide direction to staff on reduction or elimination of weed abatement charges for identified lot(s), if desired;
3. Adopt a Resolution certifying the amount of abatement proceedings for grass, weeds, and rubbish pursuant to Resolution R-2022-025, to be filed with San Luis Obispo County Tax Rolls, as indicated by Assessor Parcel Number per Health & Safety Code Section 14912.
BACKGROUND:
This request is the final action for the 2022 annual Weed Abatement Program. On April 19, 2022, the City Council adopted Resolution R-2022-025 (Attachment 3), ordering the abatement of grass and weeds presenting nuisance conditions within the City. On June 21, 2022, the Council conducted a Public Hearing to allow property owners to protest their parcels having been identified as needing this abatement. Letters have been sent to property owners whose lots were cleared by a City contractor, which identified the abatement cost and administrative fee.
One letter of protest (Attachment 2) was received from a new property owner who failed to receive the initial letter notifying them of non-compliance. Due to a clerical error in the property owner database, the protesting party did not receive initial letter giving them the opportunity to clear the lot themselves. The property owner is protesting the fee stating they never got notification and are requesting a reduction of fees. It should be noted that this property was identified during last year’s Weed Abatement Program cycle and the lot was cleared by the City contractor and a fee of $1,500 was assessed to the 2021 property taxes.
This hearing is an opportunity for additional owners to protest the abatement charges prior to the charges being forwarded to the County of San Luis Obispo for placement on 2022 tax rolls. A Resolution certifying the weed abatement assessments for forwarding to the County, and a table of individual properties and charges, is provided as Attachment 1 and 1A. In accordance with Pismo Beach Municipal Code section
8.32.070, the City Council may direct staff to uphold, reduce, or eliminate the assessments for properties which a protest has been received, prior to adoption of this Resolution. Otherwise, the full assessments shown in Attachment 1A will be forwarded for the tax rolls.
11.A-1Council Agenda 8-2-2022
FISCAL IMPACT:
Funds have been budgeted to cover weed abatement costs and will be reimbursed to the City through the Property Tax Assessment.
ALTERNATIVES:
1. Adopt Resolution with modifications to Exhibit A following public testimony.
2. Decline to adopt the Resolution and reimbursement to the City through the tax assessment roll.
ATTACHMENTS:
1. Resolution R-2022-XXX
1A. Exhibit A to Resolution: Weed Abatement Charges Table
2. Letter of protest
3. Resolution R-2022-025
Prepared by: Michelle Pearson Administrative Assistant Meeting Date: August 2, 2022 Submitted by: Paul Lee, Battalion Chief
Acting City Manager Approval:
11.A-2Council Agenda 8-2-2022
RESOLUTION NO. R-2022-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA CERTIFYING THE AMOUNT OF THE ABATEMENT PROCEEDINGS FOR GRASS, WEEDS AND RUBBISH PURSUANT TO RESOLUTION R-2022-025
TO BE FILED WITH SAN LUIS OBISPO COUNTY TAX ROLLS AS INDICATED BY ASSESSOR PARCEL NUMBER PER HEALTH & SAFETY CODE SECTION 14912 WHEREAS, pursuant to Weed Abatement Ordinance 0-96-05, Section 8.32.130 of the City of Pismo Beach Municipal Code, and City Council Resolution No R-2022-25, the attached list of weed abatement accounts (Exhibit A) is hereby certified by the City Council of the City of Pismo Beach and is hereby assigned to the County Auditor, County of San Luis Obispo, for placement upon the appropriate Assessor’s Tax Roll of the County of San Luis Obispo; and
WHEREAS, the various abatement charge amounts listed in Exhibit A to this Resolution are hereby incorporated and made part of this Resolution; and WHEREAS, Exhibit A shows a total of $4,330.00 of abatement charges as of the date of execution of this Resolution; and
WHEREAS, California Health & Safety Code Section 14912 provides that the City Council of the City of Pismo Beach may provide for the collection of the special tax in the same manner and subject to the same penalty as, or with, other charges and taxes fixed and collected by the county on behalf of the City, and the county may deduct its reasonable costs incurred for the service before remittal of the balance to the City.
NOW, THEREFORE, be it resolved by the City Council of the City of Pismo Beach as follows:
1. The total amount of said weed abatement charges for the City of Pismo Beach is $4,330.00.
2. Pursuant to Government Code Section 50077(b), the City Council of the City of Pismo Beach may provide for the collection of the special tax in the same manner and subject to the same penalty as, or with, other charges and taxes fixed and collected by the county on behalf of the city, and the county may deduct its reasonable costs incurred for the service before remittal of the balance to the city.
UPON MOTION OF Council Member seconded by Council Member the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 2nd day of August 2022, by the following roll call vote:
AYES:
NOES:
ABSENT:
11.A-3Council Agenda 8-2-2022
Attachment 1
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
11.A-4Council Agenda 8-2-2022
Attachment 1
2022 Weed Abatement Charges
Name Fee APN
Jessica Micklus/Milton Padilla $310.00 005-023-019
Shell 1 LLC $210.00 005-062-003
Anthony Simoes Revocable Trust $310.00 005-101-032
Cole McReynolds $410.00 005-213-001
Benjamin Black/Sandra Harris $260.00 005-222-015
Vintner’s Distributors Inc $560.00 005-242-010
Sushil Capital LLC $1,700.00 005-398-042
Aileen Combs Living Trust $360.00 010-521-012
242 Palomar LLC $210.00 010-352-002
$4,330.00
11.A-5Council Agenda 8-2-2022
Attachment 1A
11.A-6Council Agenda 8-2-2022
Attachment 2
11.A-7Council Agenda 8-2-2022
Attachment 2
11.A-8Council Agenda 8-2-2022
Attachment 3