HomeMy WebLinkAboutAgenda Bill 5.A 10/18/2010`~ ~' L ~~r
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DATE
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(Qcfober 18,;2010
TO: Honorable Mayor and ,Members of the City Council through City Manager
FROM: Larry B. Anderson, Fire Chief
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 twenty-four (24) years, the Fire Department's. Fire. Prevention Bureau has developed an
aggressive weed abatement program. The clearing•ofpublic 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~;themsel'ves 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. Dui•in'g the 2010 Weed Abatement Season,
approximately 632 properties (City and private) were identified as requiring abatement and
respective.. owners `were notified by mail to abate weed. s. While the weed :removal deadline is
usually somewhere around.May 31St, the Fire Marshal's Office allowed atwo-week extension
this year because of'the.late rains which occurred this'Spring. Property inspections did not
actually begin until June 14`h
Agenda Review:
City Attorney
Finance Director City Manager _
DISCUSSION
Public Hearings were held twice during the 2010 season: on May 17, 2010 (Resolution 2010-072
N.C.S;) for the: benefit of 613 parcels listed on the original weed master list and again on July 19,
2010 (Resolution 2010-137 N.C.S.) for the benefit of nineteen (19) additional parcels identified
after the May 17th hearing. A total of'seventy-seven (77) parcels were abated in 2010 by the
City's weed contractor during the 9-week season: fifty (50) City-owned sites and twenty-seven
(27) private sites. Invoices for such services were issued to the private parcel owners with an
August 19`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: 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 the unpaid weed abatement bills to the
County Assessor's Office.
FINANCIAL IMPACTS
The weed abatement pro ram is.a; 100%,cost,recovery,program. Direct costs of abatement are
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charged based on actual costs to clear the parcels. Aper-parcel administrative fee is added to
each parcel to cover the cost of the weed abatement inspector, program management and
secretarial support. Resolution No. 2008-152, adopted August 4, 2008, set the 2010
administrative fee for weed abatement at $1.50 per parcel, and is based on the City's actual and
reasonable costs of administering the:program as, set forth. in the City's adopted schedule of fees
for services. All direct and administrative costs are recovered through payment by the. individual
property owner(s) and/or collection- of special assessments against"non-paying: private parcels by
the County Assessor in connection with property tax, payments. Please see the attached Cost
Report for a complete breakdown of costs for the 20`10 Weed Abatement Season.
ATTACHMENTS
1. Resolution;.,,, ,
2. Cost Report for 2010 Weed Abatement; and
3. Property Tax Levy Form Detailing Unpaid Invoices for Weed Abatement Services
Conducted in 2010.
No property owners with unpaid invoices live within 500' of any Council Members' property.
Therefore, there is no conflict of interest with Council Members taking action on this item.
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''' I ~ RESOLUTION CONFIRMING T>EIE COST OF ABATEMENT
OF WEEDS AND APPROVING THE FORWARDING' OF UNPAID
BILLS TO THE COUNTY ASSESSOR'S OFFICE FOR '
COLLECTION AS ASSESSMENTS
W>EIEREAS, on the 1$'h day of October, Cary Fergus; Interim 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 seventy-seven.(77) 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
2010-034 N:GS. adopted March 1`5, 2010; and;
Brim Fire Marshal's Report of the' cost of this season's weed
WHEREAS the Int
abatement program was posted by .him on or before the 13th day of October, 2010 on the
Chamber door of'the Cfy 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 18th
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 Interim Fire Marshal kept an accounting of nuisance weed abatement
completed by the City's weed contractor, Giusti Ranch,. and°submitted the 2010 Weed
Abatement Cost Report. ("the Report") to the City Council showing. the cost of removing
weeds; excessive organic: yard waste, .foliage, overgrowth, dirtand/or debris from the
seventy-seven (77) parcel's 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,
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WHE~AS, at the time and' place referred to in said riotce;~ the: City Council heard the ~ 41
~~~; Interm.Fire Marshal's Report; together with any objections -raised by the property owners,
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'~° '' ~ ~~ and the City Council made it`s!',`recomrriendations and any modifications it deemed necessary
~~ to be ineluded~in the f~nal~Repoit.
NOW, THEREFORE, ~BE ><T RESOLVED that the recitals above are adopted as
findings of the City Council.
BE IT FURTI~ER'RESOLVEI) that the Interim Fre'1Vlarshal's 2010 Weed Abatement
Cost Report ("the Report"), and each amount and part thereof; is•hereby confirmed, and as to
the delinquent parcels Tsted therein, the amount showri'for each such parcel constitutes a
special assessment against each such delinquent parcel.
BE ><T 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 lsted:in the Report, pursuant to. Government Code, Title 4, Chapter
13, including ,§§39560 et: seq.,.
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'COST REPORT FOR 2:010 `WEED A~AT~l~I[.E1~1~'
CHARGE'S AND ~EXPEl~-S~ES
'DISKING
MOWING
IIAND WORK
BEADING
PULLING. FEE ($20/PER
PARCELS ABATED BI' CONTRACT012:
C~IAI~GES
1 O.OO xouxs
104.SO.HOUxs
959.50 HOURS.
O.OO HOURS
35PULLs
PRIVATE 27
CITY 50
77
CHARGED TO PRIVATE PROP-ERTY OWNERS ~27 PARCELS
INCL. ADMINISTRATION FEE OF $160.00 FOR 25 OF 27 PARCELS $15,191.25
CHARGED TO CITY DEPARTMENT FUNDS (SO PARCELS
[PUBLIC WORKS(IO),FIRE(1),HOUSING(1~,RE-DEVELOPIVIEI`IT(1~8LWATERRESOURCES((37~1 $31,117.SO
„ INCL. ADMINISTRATIVE FEE OF $"'160 TO 39 ENTERPRISE & LAD ACCOUNTS
®EXPENSE~S
PAYMENT OF CONTRACTOR'S ~GIUSTI RANCH DIRECT INVOICES $36,068.75
POSTAGE: LETTERS - 374 @ $.44; 7 @ $:61; 1 @ $1.56 $170.39
POSTAGE: INVOICES-27 C[ $.44 $11.88
<ADMIN FEES WAIVED FOR SPECIAL CIRCUMSTANCES/ECONOMIC HARDSNIP> <$320.00>
LABOR HOURS SPENT FOR.PROGRAM
MANAGEMENT"INTERIM FIRE MARSHAL~E
,~ WEED INSPECTOR (P/T'FIRE INSPECTOR'I~:'
SECRETARY:
FINANCE ACCOUNTING AsSISTANT.I'I):
Y2 HRS $62'2.92
160 Hus $5,648.00
80 xRS $2,024.00
2 HRS $52.80
T®TAI, EX~EN'SES:
$46;3`08.75
$44,278:74
~ ACC®U'1VTYNG'S111VI1VIA'fl~Y
TOTAL CHARGES: $ 46,308..75
TOTAL EXPENSES: - $ 44,278.74
BALANCE S~JNIVIIIVIAT2Y: + 2-030.0.1,
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