HomeMy WebLinkAboutStaff Report 5.A 05/20/2019Agenda It
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DATE: May 20, 2018
TO: Honorable Mayor and Members of the City Council through City Manager(
FROM: Leonard Thompson, Fire Chief
Jessica Power, Fire Marshal, Battalion Chief
SUBJECT: Resolution Ordering Abatement of Nuisances Consisting of Weeds Growing
Upon Public and Private Property in the City of Petaluma and Ordering the Fire
Department to Abate Said Weeds by Contract if Property Owners Fail to Do So
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution Ordering Abatement of
Nuisances Consisting of Weeds Growing Upon Public and Private Property in the City of
Petaluma and Ordering the Fire Department to Abate Said Weeds by Contract if Property
Owners Fail to Do So.
BACKGROUND
On March 18, 2019, the City Council approved Resolution No, 2019-034 N.C.S. which declared
that weeds growing upon parcels of public and private property are a public nuisance requiring
abatement. A public hearing was subsequently set for May 20, 2019 to hear any objections to
said Declaration. On April 24, 2019, a letter was sent to affected property owners alerting them
of their right to attend this public hearing.
DISCUSSION
The Government Code requires the City Council to provide a venue for property owners to voice
their objections regarding the City's weed abatement program and how the properties are abated.
This public hearing, and subsequent resolution, meets the intent of the law which allows the Fire
Department and its contractor to enter private property and force abatement of weed -related fire
hazards, if property owners fail to abate. Property owners are highly encouraged to handle their
own weed abatement and abatement by the City only takes place after non-compliance with the
stated abatement deadline of June 15, 2019. Inspections for abatement by the City will begin
June 17, 2019, depending on weather conditions, and will continue through early August.
In addition to the listed and known sites within the City, the Fire Department is, also notified
throughout the weed abatement season (typically through complaints) of additional parcels
which may require abatement and which were not listed in advance of the May public hearing.
An inspection takes place and, if the parcel is deemed to contain a weed -related fire hazard, the
property owner(s) must be given the same right to due process and given an opportunity to be
heard by Council. Therefore, a second Public Hearing date has been set for July 15, 2019 to
allow any citizen objections to be heard by Council prior to abatement by the City.
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 permitted 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. Differences in size and type of terrain and method of
abatement used are all variables for costs incurred. The hourly costs for work performed are as
follows:
Disking: $60.00/hour
Blade Work: $50.00/hour
Tractor Mowing: $60.00/hour
Hand Work: $35.00/hour
Travel Time/Pulling Fee: $30.00/hour
After expressed concerns from the Council regarding environmental effects from the disking
method, research was conducted to determine the extent of disking utilized for this program. In
2018 it was found that only two lots were abated utilizing the disking method. Portions, if not
all, of these lots may not be able to be abated by other methods due to the terrain. For the 2019
season and beyond, the contractor was provided direction to utilize other methods wherever
feasible. This may mean portions of lots are mowed, and portions are disked due to the terrain.
In addition, the Contractor 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" ). They agree not to utilize any gas- or diesel -powered equipment on those
designated days and all scheduled weed abatement cutting will take place around those
designated days, if any.
FINANCIAL IMPACTS
The weed abatement program is structured to be a 100% cost recovery program. Direct costs of
abatement are charged based on actual costs to clear the parcels. A per -parcel administrative fee
is added to each public and private parcel that is abated, to cover the cost of the weed abatement
inspector, program management and administrative support. The administrative fee for the 2019
weed abatement season 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. 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.
ATTACHMENTS
1. Resolution
2. Resolution Declaring Weeds a Public Nuisance Requiring Abatement
3, Letter Mailed to Property Owners
4. Memo to Petaluma City Council Listing Properties Within 500' of Councilmembers'
Properties
a
Attachment 1
. RESOLUTION ORDERING ABATEMENT OF NUISANCES
CONSISTING OF WEEDS GROWING UPON PUBLIC AND PRIVATE
PROPERTY IN THE CITY OF PETALUMA AND ORDERING
THE FIRE DEPARTMENT TO ABATE SAID WEEDS BY CONTRACT
IF PROPERTY OWNERS FAIL TO DO SO
WHEREAS, on the 18"' day of March 2019, the Council of the City of Petaluma adopted
Resolution No. 2019-034 N.C.S., declaring weeds growing upon public and private property
referred to and described in said Resolution, constituted and were a public nuisance and fixed
the 20th day of May 2019, at the hour of 6:45 p.m., or as soon thereafter as can be heard, in
the Council Chambers of City Hall, 11 English Street, Petaluma, California, as the time and
place of hearing protests and objections to said abatement proceedings; and,
WHEREAS, written notice of the May 20, 2019 hearing, substantially in the form
provided by Government Code Section 39566, was mailed to all owners of potentially
impacted property at least five days prior to said hearing pursuant to Government Code
Section 39567. 1, as specified in Resolution No.2019-034 N.C.S.; and,
WHEREAS, the City Council has held its hearing and considered all objections or
protests to the proposed abatement of nuisance weeds and has considered, followed or
overruled any or all objections, as hereinafter set forth, and the City Council has now
acquired jurisdiction to proceed and perform the work of abatement of said weed nuisances.
NOW, THEREFORE, BE IT RESOLVED that:
1. The City Council does hereby order the Fire Department of the City of Petaluma,
through a contractor employed by the City, to abate said nuisances by removing said weed
nuisances by means of mowing, disking, handwork, or blading using whichever means it
deems to be the most appropriate after considering the location and the terrain of said parcels
of public and private property referred to and described in said Resolution No. 2019-034
N.C.S. Said mowing, disking, handwork, and blading shall be accomplished as many times
as the Fire Department may deem necessary to provide the best possible control of weeds;
and,
a
2. To recover administrative costs for managing the abatement program, the City
Council authorizes the Fire Marshal to assess an administrative fee ($209.00) to every parcel
or lot of private or public property that requires abatement by the City; and,
3. The Fire Department shall keep an account of the cost of this abatement of said
nuisances on public and private property where the work is done, and thereafter submit to the
Council for confirmation, an itemized written report showing such cost as required by
Section 39574 of the Government Code, and thereafter such proceedings shall be had for
special assessments against the respective parcels of land to pay for the cost of said work, in
the manner provided by Chapter 13, Part 2, Division 3, of Title 4 of the Government Code.
Attachment 2
Resolution No, 2019-034 N,C,S,
of the City of Petaluma, California
RESOLUTION DECLARINGWEEDS (GROWING. UPON PARCELS
OF PUBLIC AND PRIVATE PROPERTY'", REFERRED TO AND
DESCRIBED IN TRIS R11SOLUTION, CONSTITUTE AND ARE
A P013LIC NUISANCE REQUIRING ALIATEM1+mr, AND SETTING
PUBLIC HEARINGS AT "MUCH OBJECTIONS MAY BE IIEARD
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 it 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 fill 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 tite effects of excessive brush
and weed fires for the past thirty-two years; and
WHEREAS, Goverrunent Code sections 39560 at serf, provide a procedure for weed
abatement by municipal entities, pursuant to which the City of Petaluma may adapt a resolution
declaring certain weeds a nuisance and thereby allow the Fire Department to proceed with
abatement.
NOW THERELsORE 1311, IT RESOLVED by the City Council of the City ol'Petaltuna
as follows:
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 Dire 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 afire menace when dry, acid/or are
otherwise noxious and dangerous, and ail 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,
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,
I i English Street, Petaluma, California, on May 20, 2019 and, if required, again on
Resolution No, 2019-034 N.C.S. Pago I
REF ERLNCE;
AYES:
NOES:
A13SENT:
ABSTAIN:
ATTEST:
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 sliall 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 Cleric may delegate this duty to the Dire
Marshal, Said notice shall be substantially in the form provided by Government Code
Under tiro power and authority conferred upon this Connell by the Charter of said City,
I hereby certify, the foregoing Resolution was inh•oduccd and adopted by the;Ap}fro edtns to
Council of tho City of Petaluma at o Regular meclhtg on the 181h day of Mmclf r` 1 f rgr:
2019, by the fallowing vote: {j _
City yl3torney
Mayor Barrelt; Fischer; Healy; Kearney; fang; Vice.Mayor McDonnell; Miller
None
None
None
aolk -
City Clerk Mayor
Resolptim No, 2019-034 N.C.S.
Page 2
t
City of Petaluma
11 English Street, Petaluma, California 94952
Fire Marshal's Office (707) 778-4389 Fax (707) 206-6036
Re: Parcel #aAPN»
«Num» « Street»
Attachment 3
WEED ABATEMENT ,SEASON APPROACHING
As Bre season quickly approaches, the potential for fires this summer and fall are of great concern to the
City of Petaluma. Brush and weed abatement to reduce fuel loads is a proactive fire prevention measure
that will stop, slow, or confine the spread of tire; allow time for fire suppression personnel to respond and
extinguish it threatening tire; and reduce the lire threat from properties that adjoin the city limits. Please
help keep Petaluma fire safe by abating weeds and grasses on your property throughout the entire fire
season. See Abatement details on back page.
NOTICE OF HE, ARTNG
• On the 18`' clay of March 2019, the City Council of Petaluma, California passed Resolution 112019-034,
declaring weeds that constitute it fire hazard in the City of Petaluma and trust be abated. A copy of the
resolution can be found here: httu://.xaraI4ciwofnetaluma.net/ wcblinlc/9/doc/324008/Palzel.asnx , or
by contacting the City Cleric at (707) 778-4360.
• All property owners having any objection to the proposed removal of such weeds are hereby notified to
attend a Public Hearing of the Petaluma City Council, to be field on the 20a' day of May, 2019, in the
Council Chambers at City Halt, 11 English Street, Petaluma, California, beginning. at 6:45 p.m., or as
soon thereafter as the matter may be heard, when objections will be heard and given due consideration,
If you plan on removing the weeds yourself or by a contractor of your choice, you do not need to attend
this hearing. Only attend the meetine if you obiect to the Fire Marshal elearine Your nronerty if
you tail to do it vourself.
• If the property identified on this notice is not cleared of weeds by .Tune 15, 2019, it will be cleared by a
City contractor, and the cost of removal will be assessed against the property, including a 0209.00
administrative fee, Failure to remit fees due will result in a special assessment placed on a secured
property tax roll.
• All parcels must be maintained free of brush/weeds that nose a fire hazard throughout the season —May
through October — or until the first maior rains in Fall. Even if your property is abated early, re -growth
shall be abated. If i t any time your property is determined to be a hazard, it may be abated by the City
without additional notice.
• For a copy of the Weed Abatement Guidelines, please visit our website at
litti):Hl vww.cilvofL)et,ilama,ret/firedent/nreveiition.litml or contact the Fire Prevention Bureau.
• NOTE: If you no longer own this property, please contact the Fire Prevention Bureau at
(707) 778-4389 or firemarshal,c citvofne(aIuIna,org nt your earliest convenience, Office location: 22
Bassett Street, Petaluma, CA 94952.
In accordance with the Americans with Disabilities Act, if you require speciui ussisumce to participate in this meeting, picuse contact the
City Clerk's Office at (707) 778-4360 (voice) or (707) 778-4480 ('fDD), 'I'nunslato s, American Sign Language interpreters, and/or
assistive listening devices for individuals with hearing disabilities will be availablo upon request. A minimum or48 hours is needed to
ensure the availability of translation services. ht consideration of those with multiple chemical sensitivities or other eovironmentol
illness, it is requested that you refl-ain from searing scented products.
uCurrent Owner»
wlbw)
«Owner's Address»
<City» (<Zip>) «Zip 4))
Creatnadefensible anaceiaonessential Part oforepariDqfor fire season
in California. Providimm i)ropmr defenmlb|emnoce minimizes fire danmaqe
bmr)rovidimq a soaceand/or [ue|break where firafiphterscan defend
mqa\natfire.
kis important hoknow that are conducted throughout the dand the
property 'must be maintained in order to remain in compliance. Even if a property owner
abates their property early in the season, there is potential for re -growth and it must be
abated. Due to the continued rainy weather this year, the abatement deadline has been
moved to June 15th,
Weeds, Qnms, vines orother growth that are capable of endangering heU be out
down and removed by the owner or occupant of the premises, Vegetation clearance
requirements in thewi|d|ond-urbao interface areas shall be in accordance with CFC Chapter
49, CFC: Vegetation and Title 19, Division 1§307(b): Clearances.
Here's how to comolv with the reauirements bv June 15th:
Parcels five (5) acres mless must have all combustible growth cut orremoved. Weeds shall
bacut bo4"orless |nheight.
Larger parcels nhmU maintain a minimum 30' perimeter ofabatement around the propady,
Additional fuel breaks may be required on larger properties individe the property into smaller
areas that would separate large amounts offuel, The abatement trail should beuminimum
of80'w/do.
A defensible space of 30'-100', depending on grade and other factors, around all utructuvea,
either man-made or na(urm|, in which material in capable of allowing One to spread
unchecked, must be o\aared, treated or modified to slow the rate and intensity of an
approaching fire.
Roadways, driveways and Fire Department access vuodn shall be cleared of combustible
vegetation equal tothe width ufthe road plus ten feet (1O')unboth sides.
Property ovvnom who notice the existence of ram, threatened or endangered plants o/
wildlife on a noticed property must notify the Department nfFish and Game (or appropriate
agency) at least ban (10) days in advance of undertaking the vegetation o|eurano*. If the
landowner is aware of any State or Federally -listed species on the pmpndy, then the U.S,
Fish and Wildlife Sam|co and the Department ofFish and Game should be notified prior to
the abatement, |fmState orFederal candidate nrlisted species inkilled, injured nrcaptured,
the landowner shall report this information to the Department ofFish and Game orU.G. Fish
and Wildlife Service, respectfully.
When mowing weedo, it is imperative itbedone One umuU opmrkhom a mower
blade hitting a rock can result in o big 8re. All mowing should be done as early in the
morning as possible, while temperatures are {ow, humidity is high, grasses are ntU| damp
with dew and not unwindy days. When mowing a|vvuyu have awater press and pointed
shovel handy. Mow early and often.
CITY OFPETALUMA
11English Street
Petaluma, CA$4952
Phone: 707~778'4301
Proof of Service by Mail
|omocitizen ofthe United States and aresident ofthe County ofSonoma, State of
California, over the age of eighteen (18) years, and not a party to the within action: my
business koCity Hall, /P.O. Box 61, 4- 11 English Street, Pmbm|ume, California 94952.
On the 24 of April 12019 , I served the within:
2O10Weed Abatement Protest HaahnnLetters
onthe interested parties in said action hyplacing otrue copy thereof in anenvelope addressed
as follows:
(SEE ATTACHED EXHIBIT OF NAMES AND ADDRESSES)
| declare under penalty of perjury that the foregoing is true and correct. Executed at Petaluma,
California, on April 24th.2018
Gignud:X
/
| declare under penalty ofperjury that the foregoing identified envelopes
were sealed and first-class postage fully prepaid placed thereon, |nthe
United Gtob»m mail etPetaluma, California.
'
Exoo�edm1Petaluma, n�
California,|a`onth� ��\ daynf r\\ .20yq -
Gigned: X a�uw &AJ -5-1
Number ufenve{oplJ Sw x 50 cents (pouiage)=* 1'30 4~[ /65.90
Accountnumber 11O01340054J0O
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Revi,*Sed Attach�ment
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tion Bureau, 11 English Street,
Petnlznna,
778: 89
LLW
FROM: Leonard Thompson, Fire Chief
Jessica Power, Fire Marshal
parcels for whi*ch they are fesponsibl.e. Liste below,
116stjong ol these W, rs
essey parce number and street".
I
within 5 0 0' of a C 1*tyCoune l'Imem er s propeily.
tlphabetl"c ally !by Counc
address at have, been
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!one
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ntified as being
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Parcel, No..
IL
008-232�-0,53
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Address
KV1NEMCDONNE LL
Parcel No. Address
006-181-010 t 1 Parkside Ter
Parcel Na
.. . ........ .
017-230-037
I
Uarlield' Drive, (next to Ai7•oyoPark)
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