HomeMy WebLinkAboutStaff Report 5.B 05/04/2020A L Lr
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DATE: May 4, 2020
TO:
FROM:
• • • V=7 M L, i
Honorable Mayor and Members of the City Council through City Manager
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 2, 2020, the City Council approved Resolution No. 2020-033 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 4, 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 May 31, 2020. Inspections for abatement by the City will begin
June 1, 2020, depending on weather conditions, and will continue throughout the season.
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 20, 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 perfoi7ned. 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:
$40.00/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 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.
The 2020 contractor will be provided the same direction. This may mean portions of lots are
mowed, and portions are disked due to the terrain. Additionally, the City is exploring grazing to
manage City -owned properties and will implement if and where feasible.
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 2020
weed abatement season is $217 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.
U _►
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
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 2" d day of March 2020, the Council of the City of Petaluma adopted
Resolution No. 2020-033 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 4th day of May 2020, 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 4, 2020 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.2020-033 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. 2020-033
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,
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2. To recover administrative costs for managing the abatement program, the City
Council authorizes the Fire Marshal to assess an administrative fee ($217.00) 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. 2020-033 N.C.S.
of the City of Petaluma, California
RESOLUTION DECLARING WEEDS, RE, FERRED TO AND
DESCRIBED IN THIS RESOLUTION, GROWING UPON PARCELS
OF PUBLIC AND PRIVATE PROPERTY CONSTI'TU'TE ANIS ARE
A PUBLIC NUISANCE REQUIRING ABATEMENT, AND SETTING
PUBLIC HEARINGS AT WHICH OBJECTIONS MAY BE HEARD
WHEREAS, brush and weed abatement reduces file] 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 persomrel to respond and, extinguish a threatening tire; and (4) reduces the fire threat
fi-am properties that adjoin the Cate 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 wel fare of
the citizcnt5y of the City of Petaluma by reducing fine danger and the effects of excessive brush
and weed fires for the past thirty-two years; and
WHEREAS; CTovernment Code sections 355617 of seri. 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 THERE, FORE 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 Nlarshal, are weeds which bear seeds of winged or downy
nature, or attain such a large growili as to become afire menace when dry, and/or are
otherwise noxious and dangerous, and all such weeds growing upon such public and
Reschrticnn No. 2020-033 N.C.S. Page t
0
REFERENCE:
AYES;
NOES:
ABSENT:
ABSTAIN:
ATTEST;
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,
11 English Street, Petaluma, California, on April 20, 2020 and, if required, again on
July 20, 2020, 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 Cleric 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 availahle on the
date this resolution is adopted. The City Clerk may delegate this dirty to the Fire
Marshal. Said notice shall be substantially in the form provided by Government Code
Section 39566.
Under the power and authority confermd upon this Councit by the Charger of said City.
r
I hereby certify the foregoing Resolution was introduced and adopted by the Approvod'as to
Council ofthe City of Petaluma at a Regular meeting on the 21' day, of -March 2020, f[rtn:
by the Following vote:
r
CityAttorney
Maym Ban-ett; Vice Mayor Fischer; Healy; Kearney; King; McDonnell: Miilcr
Nonc
Rcsclutioti No, 2020-033 N.C.S.
Mayor
Page 2
Attachment 3
City of Petaluma
a� 11 English Street, Petaluma, California 94952
Fire Marshal's Office (707) 778-4389 Fax (707) 206-6036
Re: Parcel4APN»
((Nunn» « Street»
WEED ABATEMENT SEASON APPROACHING
As fire 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 fire, allow time for fire suppression personnel to respond and
extinguish a threatening fire, and reduce the fire 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 HEARING
• On the 2nd day of March 2020, the City Council of Petaluma, California passed Resolution Q020-033,
declaring weeds that constitute a fire hazard in the City of Petaluma and must be abated. A copy of the
resolution can be found here: ltttDS://xaral-4.citvofDetaltama.net/Nvebliiuk/9/doc/352626/Pa2el.asl)x ,
or by contacting the City Clerk 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 held on the 4" day of May, 2020, in the
Council Chambers at City Hall, 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 ifvou object to the Fire Marshal clearine vour orooerty if
you fail to do it vourself.
• If the property identified on this notice is not cleared of weeds by Mav 31, 2020, it will be cleared by a
City contractor, and the cost of removal will be assessed against the property, including a $217.00
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 — Nlav
through October — or until the first maior rains in Fall. Even if your property is abated early, re -growth
shall be abated. If at 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
httns://citvofnetaluma.org/documents/weed-abatement-guidelines-undated-2020/ or contact the Fire
Prevention Bureau.
• NOTE: If you no longer own this property, please contact the Fire Prevention Bureau at
(707) 778-4.89 or firemarshalr!citvofnetaluma.org, at your earliest convenience. Office location: 22
Bassett Street, Petaluma, CA 94952.
In accordance with the Americans with Disabilities Act, if you require special assistance to participate in this meeting, please contact the
City Clerk's Office at (707) 778-4360 (voice) or (707) 778-4480 (TDD) Translators, American Sign Language interpreters, and/or
assistive listening devices for individuals with hearing disabilities will be available upon request A minimum of 48 hours is needed to
ensure the availability of translation services. In consideration of those with multiple chemical sensitivities or other environmental
illness, it is requested that you refrain from wearing scented products.
Current Owner»
dba»
Owner's Address))
((City» «Zip» «Zip 4n
0
Creatina defensible Space is an essential Dart Of D:reDarina for fire season
in California. :Providina Drover defensible saace minimizes fire damage
by orovidinq a sDace and or fuel break where firefiahters can defend
aclainst fire,
It is impor[Bn" to knex that lMspe,:tions Bre :onduated throughoul the dri sesson, anc the
Feer ifaproperty owner slostes
their property eBriv it ":he sesson, there is potential for re -growth and I must be abated. OLe
to the contir Lied rainy weather this yaar, the abalerrent deadline has beer miy%,r--d to May 31
'PNeeds. grass. vines or other growth that are caosbie of encargering property shall be cut
love-, and removad by the owner or occupant of the prerr,-,sas. Vegets6or clearano,--
reouiremar4s it the wildl9rd-i-;rban interface areas shall Li-- in arazordance wiff- CFCChapter
4G CFC: 'Vegetation ad Tita 19, E)Msior ' 5307b'r Cearancea
Here's how to comolv with the reauirements bv Mav 31":
Ps47D--Is five 15' scresor Ic-Es must have all combustible grovth cut or removed. 'hVs--ds shall
be, out to 4' -or less in height
Larger parcels shsP maintain a rrinimRjm K perimeter of absternert ercund the propet�
.40jitibral fijel L"eel sr may be raouired on larger oroperlies to &,,vide the propartj'nto smaller
areas that rWQLld separate large amvjnts of The abatement trail should be a rninimur-
3G hide.
.4 defersible space of -3g°-°103', deperdirg or, grade and other factors, arourd sli�'� st-jctjres.
wither men-.-ade or rstura::, in whichmelerisa iscapable of allow ng fire to spread unchecked
must be o�asrad, trasted or mocff;ad to slow the rate and irlensity of an approo-ahing fire.
Roadways, driveways and 71ra Depsent access roads shaM1 be cleared of cz-� bustibla
vagetaton equal to the %iolh of the road plus tan fee, (10) on both sides-
ProperN Dwrars wirc ncdi--e 'he s,<istence oF!are, thrreatered or endangerec piaris orrwileffe
on a noticed roperty must nctifc� the Depailment of Fish and Game for appropriate agency)
at least !en !1 C', drayB in advance of undartakirg the vegetation rlear3rca. If the lardc'uner is
aware of any -State or Faderrsl'y-listad spedas on thaproper-ty. then the U.S. Fish and 'Nildlife
Senr°De and :he CapsA—,an, of Fish and Game should be notified pri'orto the abatament. If a
State or Fedc-Tal candidate or F,-sted species is killed injured or captured, the lsrdviorar shail
report tiris €-iforrrstion to the Departmert of Fan and game or U.S. Flsh ano,, VlAidlire Service
respeotfui�Y.
'Alien —,owirg weeds it is imperative it ice done ssFely- One smal I spark from B mower Usce
hitting a rook -an result m 2 big firer .411 mawirp sho-alc be done as early it the ::,—rorr- ing as
possible. vrtfle temperatures ana ^aw, hamidity is high grasses .are sVI damp with dew and
nci on windy days. '.Mien mowing always heve a, watE, press ano pointed shovel hano:y. Vow
eartj and after.
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. . . .. ........ . .. - -
CITY OF REIALUMA
11 F11glish streel,
Petaluma, GA 949ff2
Phonv- 707-77R430-1
FODf Uf SeFVice by Mail
I ;Arn a citizen of thin Uniled States 41 nd a resident of the aunty Sonoma., State 'or
California, ovpr the ane of cigomn (1 8) years, slid not a pavty Ick the winhir aaiaw my
business is City Hall, `! P.0- Box 61, 4 11 Ertgth&pt, St Het, P.Vrf,.j1urn;3, Cafifwnia 94952,
011 11v- 28 co !aIv 10 KI I served Me mtF
2u2b AI)PL9,iient I If )Ik-sl Hew il"L
Aj °.I�®'
co 1,he interosle,,j part s{& in &a,d 3-�.Iwn by p;cv-q z! I'm1p., I in ;in nrivoln1ju.
;:e-,
I SEE ATIACHE0 EXHjBrlj Or NAMES AND ADD,RESSES�
rwu;jl�y pf!Nji iry Mal I E A k pa
cx7-rcol Execl �le d a' P
X
I ducla re under panall} of" pprju ry that in v 1,1Greg gpillng id-enlif iod' envelopes
warp sealed; d firstcllass postage iull'y prepwcl Placed theofi� in the
United 51aleS Mail at POIlUiria, Cafifornia.
A F-,&IlIlwq 2,Afc— Ar" i:
�J "UN
Signed. 2-7
M irril os ff 533 7 x c—,1E woE,a.Rµ
01,1 1 IM) 1 ]4C., 54.16 rR
10
Attachment 4
City of Petaluma, California
MEMORANDUM
Fire Prevention Bureau, 11 English Street, Petaluma, CA 94952
(707) 778-4389, Fax (707) 206-6036
DATE: April 28, 2020
TO: Honorable Mayor and Members of the City Council through the City Manager
FROM: Leonard Thompson, Fire Chief
Jessica Power, Fire Marshal
SUBJECT: Weed Abatement Program 2019 - Public Hearing, 05/04/20, 6:45p.m.
On April 28, 2020, the Fire Prevention Bureau mailed weed abatement notices to 537 parcel
owners who own property within the City limits. City Departments were also notified of the 148
parcels for which they are responsible. Listed below, alphabetically by Councihnember, is a
listing of these addresses (by parcel number and street address) that have been identified as being
within 500' of a City Councilmember's property.
TERESA BARRETT
Parcel No.
006-163-006
006-163-040
D'LYNDA FISCHER
None
Address
348 Petaluma Blvd North
368 Petaluma Blvd North
MIKE HEALY (Primary & Secondary Addresses)
Parcel No.
006-163-006
006-284-036
GABE KEARNEY
None
Address
348 Petaluma Blvd North
256 Petaluma Blvd North
DAVE KING (Primary & Secondary Addresses)
Parcel No. Address
008-232-024 8086 1h St
008-232-025 8146 1h St
008-232-053 8066 1h St
KEVIN MCDONNELL
Parcel No. Address
006-181-010 1 Parkside Ter
Parcel No. Address
017-230-037 Garfield Drive (next to Arroyo Park)
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