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DATE: October 7;2013
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Larry B. Anderson; Fire Chief
Cary D. Fergus,Fire Marshal
SUBJECT: Public Hearing and Action to Adopt Resolution Confirming the Cost of
Abatement of Weeds and Approving the Forwarding of Unpaid Bills to the
County Assessor's Office for Collection as Assessments
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution Confirming the Cost of
Abatement of Weeds and Approving the Forwarding of Unpaid Bills to the County Assessor's
Office for Collection as Assessments.
BACKGROUND
For over 27 years, the Fire Department's Fire Prevention Bureau has developed an aggressive
weed abatement program. The clearing of public and private property, depending on weather,
must be accomplished by mid-May or'early June of any given year and maintained until the first
major rains of Fall.
Property owners care encouraged to remove overgrown weeds'and/or combustible vegetation
growing upon their properties themselves or by a contractor of their choosing. When this does
not occur in a timely manner-, the City's weed contractor, under the direction of the Fire
Marshal's Office, conducts'the;abatement. During the 2013 Weed Abatement Season,
approximately 652properties (City and private) were identified as requiring abatement and
respective owners were notified by mail to abate weeds. The weed removal deadline was May
31, 2013. Property inspections began June 3, 2013.
DISCUSSION
Public Hearings were held twice during the 2013 season: on May20, 2013 (Resolution 2013-045
N.C.S.) for the benefit,of 645 City and private parcels listed on the original weed master list and
again on July 15,2013 (Resolution 2013-110 N.C.S.)for the benefit of thirty-two (32) additional
parcels identifcd'affer the.May 20th hearing. A total of eighteen (18) parcels were abated in 2013
by the City's weed contractor during the weed season: one (1) City-owned site and seventeen
(17) private sites. Invoices for such services were issued to the private parcel owners with an
Agenda Revic,�'t
City Attorney ,,." Finance D' ector/ '. s Manager_
August 126 and September 9th'due date for payment. Pursuant to municipal weed abatement
regulations,failure to remit payment will result in any unpaid amounts being attached to that
specific parcel's future property tax bill by the County Assessor's Office. State law requires that
the City Council hold a Public Hearing toihear objections by private owners about the cost of
weed abatement performed on.their property.
This is a routine hearing to close-out the Weed Abatement.Season. In the recent past, few to no
property owners have come before the City Council to protest their invoices. It is recommended
that the City Council consider,any objections or comments offered at the public hearing and
adopt the attached Resolution to immediately forward the unpaid weed abatement bills to the
County Assessor's Office.
FINANCIAL IMPACTS
Direct costs of abatement are charged,based on actual costs=to clear the parcels. A per-parcel
administrative fee of$181 is added to each parcel to cover the cost of the weed abatement
inspector, program management jand;secretarial support and is based on the City's actual and
reasonable costs of administering the program. The feeds approved by City Council Resolution
and is identified in the City's adopted schedule of fees for services. All direct and administrative
costs are recovered through payment by the individual property owner(s) and/or collection of
special assessments against the specificparcels by the County Assessor in connection with
property tax payments. Please see the attached Cost Report for acomplete breakdown of costs
for the 2013 Weed Abatement Season.
In all previous years the weed abatement program was a 100%cost recovery program. This
year, the Public Works and Utilities Department opted to manage their own weed abatement
primarily as a cost saving measure related to the $181 administrative fee for their 83 parcels.
The Fire Department is still required,to manage the overall program and with less volume ended
up collecting $2,163.10 less than program costs for 2013. In 2009, the administrative fee was
$155 and has increased to its present_$181. It's possible that in future years consideration will
need to be given to other possible fee options or increases.
ATTACHMENT(Sli
1. Resolution;
2: Cost.Report:for 2013 Weed Abatement;
3. Memo to Petaluma City Council dated 09/16/13 Listing Properties That Are Within 500'
of Councilnienibers'Personal Properties; and
4. Property Tax`Levy Form Detailing Unpaid Invoices for Weed Abatement Services
Conducted in 2013.
a
RESOLUTION CONFIRMING THE,COST'OF ABATEMENT
OF WEEDS AND APPROVING THE FORWARDING OF UNPAID
BILLS TO THE COUNTY ASSESSOR'S OFFICE FOR
COLLECTION,AS ASSESSMENTS
WHEREAS, on the 7`h day of October, Cary Fergus, Fire Marshal for the City of
Petaluma, California provided to the City Council of Petaluma an itemized report detailing
the cost of removing weeds, excessive organic yard waste,.foliage, overgrowth, dirt and/or
debris from eighteen (18) separate parcels, all as shown and set forth on the attached itemized
report. Said work was completed pursuant to Government Code, Title 4, Chapter 13,
including §§39560 et seq., and proceedings of this City Council, including Resolution 2013-
026 N.C.S.adopted March 18, 2013; and,
WHEREAS, the Fire Marshal's Report of the cost of this season's weed abatement
program was posted by him on or before the 2"d day of October, 2013 on the Chamber door
of the City Council in City Hall,Petaluma, California. Said displayed notice and Report
states that Public Hearing Would be held before this City Council on this 7`h day of October
at the hour of 7:00 P.M., or as soon thereafter as can be heard, about the outcome of the
abatement season; and,
WHEREAS, the Fire Marshal kept an accounting of nuisance weed abatement completed
by the City's weed contractor, Keystone Tractor Service, and submitted the 2013 Weed
Abatement Cost Report ("the Report") to the City Council showing the cost of removing
weeds, excessive organic yard waste, foliage, overgrowth, dirt and/or debris:from the
eighteen (I 8) pareelsabated this season; and,
WHEREAS, before said Report was submitted to the City Council, a copy of same was
posted for at least three(3) days on the Chamber door of the City Council, together with
notice of the date on which the Report would be submitted to the City Council for
confirmation; and,
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WHEREAS, arthe time:and.place referred to in said notice, the City Council heard the
Fire Marshal's Report; together with any objections raised by the property owners, and the
City Council made its recommendations and any modifications it deemed necessary to be
included in the final Report.
NOW, THEREFORE, BE IT RESOLVED that the recitals:above are adopted as
findings of the City Council.
BE IT FURTHER RESOLVED that the Fire Marshal's 2013 Weed Abatement Cost
Report ("the Report'?), and each amount and part thereof, is hereby confirmed, and as to the
delinquent parcels listed therein, the amount shown for each,such parcel constitutes a special
assessment against each such4elinquent parcel.
BE IT FURTHER RESOLVED that a copy of the Report shall be given to the County
Auditor/Assessor of Sonoma County, such that a special assessment shall be charged against
each delinquent parcel as listed in the Report, pursuant to Government Code, Title 4, Chapter
13, including §§39560 et seq.,
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850
COST'REPORT FOR 2013 WEED ABATEMENT
CHARGES AND EXPENSES
DISKING 14.5 HOURS
MOWING 50.25 HoURs
HAND WORK 145.75 HOURS
BLADING 6.00 HOURS
PULLING FEE-($40/PER) 16 PULLS
PARCELS ABATED BY CONTRACTOR: PRIVATE 17
CITY
18
P.CHARGES:
CHARGED TO PRIVATE PROPERTY OWNERS(17 PARCELS)
(INCL.PER PARCEL.ADMINISTRATION FEE OF 5181.00) $11,270.50
CHARGED TO CITY DEPARTMENT FUNDS(1 PARCEL)
[HOUSING DEPARTMENT)] $509.75
(INCL.PER PARCEL ADMINISTRATION FEE OF$181.00)
TOTAL AMOUNT BILLED: $11,780.25
•EXPENSES:.
PAYMENT OF CONTRACTOR'S (KEYSTONE TRACTOR SERVICE)
DIRECT INVOICES: $8,341.25
POSTAGE: L"&2ND HEARING LETTERS—475 @$.46; 1 @$1.52; 1 @$2.12 $222.14
POSTAGE: 1ST&2ND INVOICING- 19 @'$.46: $8.74
POSTAGE: ADD'L"PLEASE ABATE"LETTERS-32 @ $.46: $14.72
LABOR.HOURS SPENT FOR PROGRAM
MANAGEMENT(FIRE MARSIA I.,):' 10 FIRS $556.40
WEED INSPECTOR(P/T FIRE INSPECTOR.I)(5/1-8/24): 89 HRS '$3141.70
SECRETARY: 60HRS $1,658.40
TOTAL EXPENSES: $13,943.35
ACCOUNTING SUMMARY:
To TAI. CHARGES: $ 11.780.25
TOTAL EXPENSES: - $ 13.943.35
BALANCE SUMMARY: -52,163.10
3-
City of Petaluma, California
MEMORANDUM
Fire Prevention Bureau, 17 English Street, Petaluma, CA 94952
(707) 778-4389, Fax (707) 776=3642
DATE: September 16, 2013
TO: Petaluma City Council
FROM: Cary D. Fergus, Fire Marshal
SUBJECT: Weed Abatement Program 2013
Public Hearing, 10/07/13, 7:00 p.m.
A total of eighteen (18) parcels.were abated in 2013 by the City's weed contractor during the weed
season:,one(1) City-owned site and seventeen (17) private sites. Invoices for such services were issued
to the private parcel owners with an August 12°i and September 9`h due date for payment.. Pursuant to
municipal weed abatement regulations,failure to remit payment will result in any unpaid amounts being
attached to that specific parcel's future property tax bill by the•County Assessor's Office.
Listed below, alphabetically by Councilmember, is a listing of addresses (by parcel number and street
address) with unpaid invoices that-have been identified as being within 500' of a City Councilmember's
property.
CHRIS ALBERTSON
None
TERESA BARRETT
None
DAVID GLASS
None
MIKE HARRIS
None
�D
Memo to Council
September 16, 2013
MIKE.HEALY (Primary & Secondary Addresses)
Parcel No. Address
006-163-040 368 Petaluma Blvd
006=163-052 Water St
GABE KEARNEY
None
KATHY MILLER
None
7
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2859
UNPAID INVOICES
FOR WEED ABATEMENT WORK
PERFORMED IN 2013
SUBMIT FOR PROPERTY TAX LEVY
APN PROPERTY ADDRESS NAME AMOUNT
DUE
006163040 368 PETALUMA BLVD N IRIS ASSETT LLC $671.00
006163052 WATER ST SCHRAM FEDERICK K&DEBORAH A TR $412.25
006650036 685 BODEGA AVE'. PEARSON LORAINE SANTI TR $296.00
007163002 JEFFERSON 8&ER WIN PETALUMA PRESERVATION GROUP LLC $531.00
019140035 SUNNYSLOPE RD NOBMANN SETH W TR $557.25
019140038 SUNNYS LOPE RD NOBMANN SETH W TR $592.25
019150008 289 SUNNYSUOPE RD NOBMANN SETH W TR $632.25
019150019 SUNNYSLOPE RD NOBMANN SETH W TR $551.00
TOTAL $4,243.00