HomeMy WebLinkAboutResolution 2021-162 N.C.S. 10/04/2021 Resolution No. 2021-162 N.C.S. Page 1
Resolution No. 2021-162 N.C.S.
of the City of Petaluma, California
RESOLUTION ACCEPTING COMPLETION OF WORK BY THE CITY’S WEED ABATEMENT
CONTRACTOR, AUTHORIZING THE CITY CLERK TO FILE A NOTICE OF COMPLETION
WITH THE SONOMA COUNTY RECORDER’S OFFICE AND AUTHORIZING CITY STAFF
TO RELEASE THE 10% RETENTION FEE FOR SERVICES PERFORMED BY THE CITY’S
WEED ABATEMENT CONTRACTOR
WHEREAS, on June 1, 2021, the City entered into a Professional Services Agreement with Land Revision
of Petaluma, CA for the 2021 Weed Abatement Season; and
WHEREAS, Land Revision submitted invoices based on their rates as specified below:
Traditional Methods
Hand Weed Whip: (gasoline powered) $50.00/hour
Tractor Mowing: $125.00/hour with a 4 hour minimum
Dozer fire breaks with disking: $250.00/hour with a 4 hour minimum
Mastication – land clearing: $350.00/hour with a 4 hour minimum
Zero Emissions Abatement
Hand Weed Whip: (electric powered) $80.00/hour (2 hour maximum run time)
Sheep/Goat Grazing for properties over 1 acre: $4,000 an acre
WHEREAS, the Professional Services Agreement with Land Revision not-to-exceed amount of $12,000.00
for the 2021 weed abatement season, is updated to reflect the actual cost of weed abatement of $78,720.25; and
WHEREAS, the increase of budget was due to the detail of the work, amount of debris that was removed,
use of electric equipment, and the number of parcels abated totaled a higher amount than anticipated; and
WHEREAS, California Government Code Section 39577 authorizes the City to recover the costs incurred
for enforcing abatement upon these parcels through a special assessment; and
WHEREAS, Land Revision made timely work order submissions and effectively completed the project,
without change orders or amendments, and without exceeding the not-to-exceed amount of $78,720.25; and
WHEREAS, the final amount for the Abatement of Weeds for 2019, including all work orders, is $78,720.25;
and
WHEREAS, City staff has inspected the completed work and determined that Land Revision has completed
all the work for the 2021 Weed Abatement Season to the satisfaction of the Fire Marshal’s Office and in
accordance with the contract requirements subject to the Contractor’s continuing warranty and other obligations
pursuant to the contract; and
WHEREAS, compliance with the California Environmental Quality Act (CEQA) for the 2021 weed
abatement program was already analyzed at the May 3, 2021 City Council meeting and the statute of limitations
has ran; and
DocuSign Envelope ID: CF1AE755-96B4-4B47-957E-2F7EC4D3CC29
Resolution No. 2021-162 N.C.S. Page 2
WHEREAS, this action of accepting completion of the work and releasing retention is exempt from CEQA
because it does not constitute a project under CEQA as this action does not have a potential for resulting in either
a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the
environment, and is a fiscal and administrative activity pursuant to CEQA Guideline section 15378; and
WHEREAS, based on the foregoing, staff recommends acceptance and conclusion of the Project on behalf
of the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma as follows:
1. Declares that the above recitals are true and correct and are incorporated into this resolution as findings of the
City Council.
2. Finds that compliance with the California Environmental Quality Act (CEQA) for the 2021 weed abatement
program was already analyzed at the May 3, 2021 City Council meeting and the statute of limitations has ran.
Regardless, this action of accepting completion of the work and releasing retention is exempt from CEQA
because it does not constitute a project under CEQA as this action does not have a potential for resulting in
either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the
environment, and is a fiscal and administrative activity pursuant to CEQA Guideline section 15378.
3. The contract entitled Abatement of Weeds with a final contract amount of $78,720.25 for the 2021 Weed
Abatement Season is accepted as complete subject to the Contractor’s continuing obligations pursuant to the
contract.
4. The City Clerk is hereby authorized and directed to sign and file a Notice of Completion concerning this
Project with the Sonoma County Recorder’s Office within ten days of the date of this Resolution.
5. The Finance Department is hereby authorized to release the remaining undisputed retention in the amount of
$7,872.03, (equal to 10% of the funds expended for the 2021 weed abatement season) less amounts that should
be retained to cover pending stop notices, third party claims or other offsets, if any, within 45 days of the date
of this Resolution and in accordance with the terms of the Project contract and applicable law.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the
Council of the City of Petaluma at a Regular meeting on the 4th day of October
2021, by the following vote:
Approved as to
form:
__________________________
City Attorney
AYES: Mayor Barrett; Vice Mayor Barnacle; Healy; King; McDonnell, Pocekay
NOES: None
ABSENT: Fischer
ABSTAIN: None
ATTEST: ______________________________________________
City Clerk
______________________________________________
Mayor
DocuSign Envelope ID: CF1AE755-96B4-4B47-957E-2F7EC4D3CC29