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HomeMy WebLinkAboutResolution 2022-147 N.C.S. 09/12/2022 DocuSign Envelope ID: E5259EB4-04A9-406C-9B49-86701290EB04 Resolution No. 2022-147 N.C.S. of the City of Petaluma, California CONFIRMING THE COST OF ABATEMENT OF WEEDS AND CONFIRMING APPROVAL OF THE FORWARDING OF UNPAID BILLS TO THE COUNTY ASSESSOR'S OFFICE FOR COLLECTION AS ASSESSMENTS (MCDONNELL RECUSALS) WHEREAS on February 23, 2022 the City Council adopted a resolution declaring weeds a nuisance; and WHEREAS on April 18, 2022 and June 20, 2022 the City Council adopted a resolution authorizing the City to abate said nuisances; and WHEREAS, on the 12th day of September, the Fire Marshal 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 thirty-six(36)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 the Resolutions adopted April 18, 2022; and WHEREAS,the Fire Marshal kept an accounting of nuisance weed abatement completed by the City's weed contractor, Land Revision, and submitted the 2022 Weed Abatement Cost Report("Report") to the City Council showing the cost of removing weeds, excessive organic yard waste, foliage, overgrowth, dirt and/or debris from the thirty-six (36)parcels abated this season in accordance with Government Code Section 39574; and WHEREAS, before said Report was submitted to the City Council, a copy of same was posted on the Chamber door of the City Council prior to the 12th day of September 2022 and for at least three days, together with notice of the date on which the Report would be submitted to the City Council for confirmation in accordance with Government Code Section 39576; and WHEREAS, said displayed notice and report states that a Public Hearing would be held before this City Council on this 121h day of September at the hour of 6:30 P.M., or as soon thereafter as can be heard, about the outcome of the abatement season; and WHEREAS,at the time and place referred to in said notice,the City Council heard the Fire Marshal's Report, together with any objections raised by the property owners, and the City Council made its recommendations and any modifications it deemed necessary to be included in the final Report; and WHEREAS, a copy of the Property Tax Levy Report has been given to the County Auditor/Assessor of Sonoma County in advance of the City Council hearing this matter; and WHEREAS, compliance with the California Environmental Quality Act (CEQA) for the 2022 weed abatement program was already analyzed at the April 18, 2022 City Council meeting; and WHEREAS,this action of confirming the weed abatement cost report and forwarding the costs to the County to assess is exempt from CEQA because it is not a project which has 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. Resolution No. 2022-147 N.C.S. Page 1 DocuSign Envelope ID: E5259EB4-04A9-406C-9B49-86701290EB04 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 2022 weed abatement program was already analyzed at the April 18, 2022 City Council meeting. Regardless, this action of confirming the weed abatement cost report and forwarding the costs to the County to assess is exempt from CEQA because it is not a project which has 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 Fire Marshal's 2022 Weed Abatement Cost Report, and each amount and part thereof, is hereby confirmed, and as to the delinquent parcels listed in the attached Exhibit A, the amount shown for each such parcel constitutes a special assessment against each such delinquent parcel. 4. The Property Tax Levy Report provided to the County Auditor/Assessor of Sonoma County is hereby confirmed, such that a special assessment shall be charged against each delinquent parcel as listed in the Property Tax Levy Report,pursuant to Government Code, Title 4, Chapter 13, including §§39560 et seq. 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 Approved as to Council of the City of Petaluma at a Regular meeting on the 121 day of DocuSigned bWorM; September 2022,by the following vote: 1 rA a AYES: Barrett,Barnacle,Fischer,Healy,King,Pocekay NOES: None ABSENT: None ABSTAIN: None RECUSED: McDonnell DocuSigned by: DocuSigned�¢b.,y: ll ATTEST: Ua er 129ESA4�02E6Ba8Fa2E... Resolution No. 2022-147 N.C.S. Page 2 DocuSign Envelope ID: E5259EB4-04A9-406C-9B49-86701290EB04 EXHIBIT A (MCDONNELL RECUSALS) UNPAID INVOICES FOR WEED ABATEMENT WORK PERFORMED IN 2022 SUBMIT FOR PROPERTY TAX LEVY APN Property Owner Amount Due Conflict of Address Interest 006241038 622/624SProspect Johnson, Gary $398 McDonnell 008471018 1100 Petaluma PRB Enterprises $1,583 McDonnell Blvd S LLC