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HomeMy WebLinkAboutStaff Report 3.A 03/18/2019A L tri I85� DATE: TO: FROM: I 1 0 _ 0 March 18, 2019 Honorable Mayor and Members of the City Council through City Manager Leonard Thompson, Fire Chief Jessica Power, Fire Marshal SUBJECT: Resolution Declaring Weeds Growing Upon Parcels of Public and Private Property, Referred to and Described in this Resolution, Constitute and are a Public Nuisance Requiring Abatement, and Setting Public Hearings at Which Objections May Be Heard RECOMMENDATION It is recommended that the City Council adopt the attached Resolution Declaring Weeds Growing Upon Parcels of Public and Private Property, Referred to and Described in this Resolution, Constitute and are a Public Nuisance Requiring Abatement, and Setting Public Hearings at Which Objections May Be Heard. BACKGROUND For over 33 years, the City of Petaluma has conducted 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 the fall. In order for the Fire Prevention Bureau to conduct weed abatement activities, Government Code Section 39560 et esq. requires the City Council to pass a resolution declaring weeds/brush a nuisance and to hold a public hearing for objections to this action. The weed abatement program follows this process annually: • The City Council declares weed/brush a nuisance and orders a public hearing to hear objections. • The City Council holds a public hearing and orders abatement where appropriate. Property owners that qualify for grass/brush abatement are sent a notice that requests they clear their properties of nuisance weeds and overgrowth by May 31" (or otherwise imposed deadline), weather permitting. Property owners are encouraged to do their own weed abatement. Parcels still requiring abatement are identified by an inspector. Forced abatement takes place only after non-compliance with the May 31" (or otherwise imposed) deadline. Forced abatement is done by a contractor hired by the City through a bid process and is under the direction of the abatement inspector. Bids are solicited for these contract services every two (2) years, when warranted. • Cost of the abatement, including the administrative cost of $209 per parcel, is invoiced directly to the property owner. Failure to pay the abatement invoice by the stated deadline authorizes the City to impose a special assessment on the property for the cost of abatement. The outstanding amount and- parcel ndparcel ownership information is provided to the County for collection as a special assessment placed on the owner's yearly property tax statement. • The City Council holds a public hearing on the weed program's cost report and authorizes special assessments for properties whose owners have not paid their cost of abatement. • The City Council authorizes the release of the final 10% of fees previously withheld by the City and provides this final payment to the abatement contractor upon the completion of work. DISCUSSION The purpose of brush and weed abatement is to reduce fuel loads in areas susceptible to grass or brush fires. The weed abatement program is a proactive fire prevention measure designed to: 1. Prevent ignition by reduction or removal of fuel; 2. Stop, slow, or confine the spread of a fire in areas with excessive grass or brush; 3. Allow time for fire suppression personnel to respond and extinguish a threatening fire; 4. Reduce the fire threat from properties that adjoin the city limits. All grass and brush fires cannot be totally eradicated, but this type of weed abatement goes a long way to accomplish the goals noted above. The finished product typically results in grassy areas that are disked under. Disking is the most effective method for weed abatement throughout the fire season. Areas of expansive acreage are disked with fire breaks in strategic locations. Where disking is impractical, mowing or weed - eating is permitted. Additionally, the contractor awarded the City's two-year weed abatement contract agrees to honor any designated "Spare -the -Air Days" that occur during the weed abatement season, as designated by the Bay Area Air Quality Management District (BAAQMD). The contractor fulfills this agreement by not utilizing any gas or diesel powered equipment on those designated days. The City of Petaluma requires the contractor to enroll online with BAAQMD to receive automatic e- mail notifications for designated "Spare -the -Air Days". All scheduled weed abatement cutting will take place around those designated days, if any. 2 FINANCIAL IMPACTS The weed abatement program is structured to be a 100% cost recovery program, however the amount of cost recovered is dependent upon the number of parcels abated. A per -parcel administrative fee is added to each public and private parcel that is abated. Said fee is imposed to cover the cost of the weed abatement inspector, program management and clerical support. Fewer parcels abated reduces the administrative fee collected. The administrative fee for the 2019 weed abatement program is $209 per parcel 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. Direct costs of abatement are charged based on actual costs to clear the parcels. All work performed such as disking, mowing, blading or hand work is charged at one hour minimums. Additional work over one hour is prorated on quarter-hour increments at the same hourly base rate. The Contractor is pennitted to charge a pulling (or towing) fee for each parcel where mowing, blading, disking or a combination thereof is performed. This fee is not applicable where only hand work is provided. ATTACHMENTS 1. Resolution. RESOLUTION DECLARING WEEDS GROWING UPON PARCELS OF PUBLIC AND PRIVATE PROPERTY, REFERRED TO AND DESCRIBED IN THIS RESOLUTION, CONSTITUTE AND ARE A PUBLIC NUISANCE REQUIRING ABATEMENT, AND SETTING PUBLIC HEARINGS AT WHICH OBJECTIONS MAY BE HEARD WHEREAS, brush and weed abatement reduces fuel loads in areas of Petaluma known for being susceptible to grass and brush fires and is regarded as a proactive fire prevention measure designed to (1) prevent ignition by the reduction or removal of fuel; (2) slows, stops, or confines the spread of a fire in areas with excessive grass/brush; (3) allows time for fire suppression personnel to respond and extinguish a threatening fire; and (4) reduces the fire threat from properties that adjoin the City limits; and WHEREAS, the Petaluma Fire Prevention Bureau has developed an aggressive brush and weed abatement program which has served to protect the public health, safety and welfare of the citizenry of the City of Petaluma by reducing fire danger and the effects of excessive brush and weed fires for the past thirty-two years; and WHEREAS, Government Code sections 39560 et seq. provide a procedure for weed abatement by municipal entities, pursuant to which the City of Petaluma may adopt a resolution declaring certain weeds a nuisance and thereby allow the Fire Department to proceed with abatement. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Petaluma as follows: 1. All of the weeds now growing upon public and private parcels within the City of Petaluma referred to and described in the list prepared by the Fire Marshal, pages on file in the office of the Fire Marshal, are weeds which bear seeds of winged or downy nature, or attain such a large growth as to become a fire menace when dry, and/or are otherwise noxious and dangerous, and all such weeds growing upon such public and private property are a public nuisance, pursuant to Government Code Section 39561, which the City proposes to abate; and, 0 2. That the City Council hereby sets the time for a public hearing at 6:45 p.m., or as soon thereafter as the matter can be heard, in the Council Chambers of the City Hall, 11 English Street, Petaluma, California, on May 20, 2019 and, if required, again on July 15, 2019, at which time the City Council will hear and consider all objections to the proposed removal of weeds, rubbish, refuse and dirt; and, 3. That pursuant to Government Code Section 39567.1, the City Clerk shall cause written notice of the proposed abatement to be mailed to each person to whom such described property is assessed in the last equalized assessment roll available on the date this resolution is adopted. The City Clerk may delegate this duty to the Fire Marshal. Said notice shall be substantially in the form provided by Government Code Section 39566. 5