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Home My WebLink AboutStaff Report 6.A 10/06/2014DATE: TO: FROM: Agenda Item #6.A October 6, 2014 Honorable Mayor and Members of the City Council through City Manager Larry B. Anderson, Fire Chief �..1� 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. For over 28 years, the 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 are 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 2014 Weed Abatement Season, 656 properties (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, 2014. Property inspections began June 2, 2014. DISCUSSION Public Hearings were held twice during the 2014 season: on May 19, 2014 (Resolution 2014-068 N.C.S.) for the benefit of 647 parcels listed on the original weed master list and again on July 21, 2014 (Resolution 2014-119 N.C.S.) for the benefit of nine additional parcels identified after the May I Wh hearing. A total of thirty-onc parcels were abated in "_'014 by the City's weed contractor during the weed season: t1irce City -owned sites and triventy-eight private sites. Invoices for service were issued to the private parcel owners. Pursuant to municipal weed abatement regulations. failure to remit payment will result in any unpaid aunottnts being attached to that specific parcel's firture property tax bill by the County Assessor's Office. State law requires that the City Council hold a Public Hearing to hear 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 any unpaid weed abatement bills to the County Assessor's Office. Please note that none of the parcels to be forwarded to the County Assessor's Office are within 500' of any Council Members' property. FINANCIAL IMPACTS Direct costs of abatement are charged based on actual costs to clear the parcels. A per -parcel administrative fee of $185 is added to each parcel to cover the cost of the weed abatement inspector, program management and secretarial support and is based on the City's actual and reasonable costs of administering the program. The fee is 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 specific parcels by the County Assessor in connection with property tax payments. Please see the attached Cost Report for a complete breakdown of costs for the 2014 Weed Abatement Season. In previous years the weed abatement program was a 100% cost recovery program. Recently, the Public Works and Utilities Department opted to manage their own weed abatement primarily as a cost saving measure related to the $185 administrative fee for their 86 parcels. The Fire Department is still required to manage the overall program and with less volume ended up collecting $225.26 less than program costs for 2014. Fees for the Weed Abatement Program will be analyzed as part of the City's comprehensive study of fees that is currently underway. Increases that are warranted will be recommended in order to continue the program on a cost recovery basis. ATTACHMENT(S) 1. Resolution; 2. Cost Report for 2014 Weed Abatement; 3. Property Tax Levy Form Detailing Unpaid Invoices for Weed Abatement Services Conducted in 2014. 2 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 6°i 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 thirty-one (31) 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 2014-047 N.C.S. adopted March 17, 2014; 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 I" day of October, 2014 on the Chamber door of the City Council in City Hall, Petaluma, California. Said displayed notice and Report states that a Public Hearing would be held before this City Council on this 6°i 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 2014 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 thirty- one (31) parcels abated 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. WHEREAS, at the 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 2014 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 such delinquent 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. G� COST REPORT FOR 2014 WEED ABATEMENT CHARGES AND EXPENSES DISKING 19.75 FLOURS MOWING 67.50 HOURS HAND WORK 214.50 HOURS BLADING 9.00 FLOURS PULLING FEE ($50/PER) 26 PULLS PARCELS ABATED BY CONTRACTOR: PRIVATE 28 CI'T'Y 3 31 ® CHARGES: CHARGED I'D PRIVA'T'E PROPERTY OWNERS (28 PARCELS) (INCL. PER PARCEL ADMINISTRATION FEE OF $185.00) $14,871.25 CHARGED TO CITY DEPARTMENT FUNDS (3 PARCELS) [PUBLIC WORKS AND UTILITIES DHPARI MEN 'C(1), HOUSING (1). FIRE -(1)] $950.00 (INCL. PER PARCEL ADNI INISTRATION FEE OF $185.00) TOTAL AMOUNT BILLED: EXPENSES: PAYMENTOF CONTRACTORS (KEYSTONE TRACTOR SERVICE) DIRECT INVOICES: $10,456.25 POSTAGE: 1 Sr & 2ND HEARING LETTERS -441 C7 $.48: $211.68 POSTAGE: I ST & 2ND INVOICING - 28 @ $.48: $13.44 POSTAGE"-: ADD'L "PLEASE ABATE" LETTERS - 18 [L $.48: $8.64 LABOR HOURS SPENT FOR PROGRAM MANAGEMENT (FIRE MARSHAL): 10 HRS $556.40 WEED INSPECTOR (FIRE INSPECTOR I) (5/1-8/24): 89 HRS $3141.70 SECRETARY: 60 FIRS $1.658.40 ®ACCOUNTING SUIviNiARY: $15,821.25 TOTAL EXPENSES: $16,046.51 TOTAL. CHARGES: S 15,821.25 TOTAL 1'EXPENSLS: - $ 16.046.51 BALANCE SUMMARY: -S 229.26 UNPAID INVOICES FOR WEED ABATEMENT WORK PERFORMED IN 2014 SUBMIT FOR PROPERTY TAX LEVY APN PROPERTY ADDRESS 005040057 1480 CA -DER LANE 005060042 CASA GRANDE RD (ADI: SCHILLNBRGR PK) 005083009 5 ATLANTIC CT 006163052 WATER ST 007163002 JEFFERSON & ERWIN 007412053 ROGERS DR 008471018 1100 PETALUMA BLVD S 019070064 1071 BANTAM WAY 019401019 2762 1 ST EXT 048080036 276 CORONA RD 048142009 CINNABAR AVE 048142013 1600 PETALUMA BLVD N (BECK RD) 136010024 500 HOPPER ST 136010027 HOPPER ST (SOUTH END) 137300014 1050 MARIA DR NAME AMOUNT DUE RNM CADER LLC $798.75 BAYWOOD LLC $1,011.25 PHALEN EDWARD & PHALEN EILEEN $205.00 SCHRAM FREDERICK K & DEBORAH A TR $412.50 PETALUMA PRESERVATION GROUP LLC $485.00 MYOB INVESTMENTS $230.00 PRB ENTERPRISES $493.75 KRAMER ANDREAS $300.00 LICHTER KIMBERLY PAGE $1,113.75 DREW LARRY & ROBIN ET AL $408.75 FAIRCHILD MICHAEL MATTHEW & GAILMARION $355.00 NOYES MONIQUE TR ET AL $536.25 POMEROY CORPORATION $821.25 PETALUMA RIVERFRONT $848.75 HA W THORNE LOIS $460.00 TOTAL $89480.00 I