HomeMy WebLinkAboutStaff Report 10/17/2011 4.A A Items # *.A
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DATE: October. 17, 2011
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Larry B. Anderson,,Fire Chief
Cary D. Fergus, Fire Marshal ___________
SUBJECT: Public Hearing and Action to Adopt Resolution Confirming the Cost of
. Abatement. of Weeds and.Approving.the Forwarding of Unpaid Bills to the
County Assessor's Office for Collection as Assessments
RECOMMENDATION
, P
It is recommended that the City Council adopt the attached Resolution Confirming the Cost of
Abatement of Weeds and Approving the Forwarding of Unpaid Bills to the County Assessor's
Office for Collection as Assessments.
BACKGROUND
For over 25 years, the Fire Department's Fire Prevention Bureau has developed an aggressive
weed abatement ro ram. The clearing of public and private property, de endin on weather,
p g g p p depending
must be accomplished by mid -May or early June of any given.yeat and maintained until the first '
major rains of Fall.
Property owners are encouraged to remove overgrown, weeds and /or combustible vegetation
growing upon their properties themselves or by a contractor of their choosing. When this does
not occur in a timely manner, the City's weed contractor, under -. the direction of the Fire
Marshal's Office, conducts the abatement. During the 2011 Weed Abatement Season,
approximately 643 properties (City and private) were identified as requiring abatement and
respective owners were notified by mail to abate weeds. While the weed removal is
usually somewhere around May 31 the Fire Marshal's Office allowed a two -week extension
this year because of the late rains which occurred this Spring. Property inspections did not
actually begin until June 21 St
DISCUSSION
Public Hearings were held twice during, the 2011 season: on May 16, 2011 (Resolution 2011 -079 ,
N.C.S.) for,the benefit of 632 City and private parcels listed on the original weed master list and
again on July 18, 201,1 (Resolution 2011 -114 N.C.S.) for the benefit of thirteen (13) additional
parcels identified after the May 1.7th hearing. A total of sixty (60) parcels were abated in 2011 by
Agenda. Review:
City Attorney Finance Director City Manager `--~1�+
the City's weed contractor during the 9 -week season: forty-four (44) City -owned sites and
sixteen (16) private sites. Invoices for such services wereissued to the private parcel owners with
an August 30 due date for payment. Pursuant to municipal weed abatement regulations, failure
to remit payment will result in, any unpaid amounts being attached to that specific parcel's future
property tax bill by the County Assessor's Office. State law requires that the City Council hold a
Public Hearing to hear objections by private owners about the cost of weed abatement performed
on their property.
This is a routine hearing to close -out the Weed Abatement Season. In, the recent past, few to no
property owners have come before the City Council to protest their invoices. It is recommended
that the City Council consider any objections or comments offered at the public hearing and
adopt the attached Resolution to : immediately forward the unpaid weed abatement bills to the
County Assessor's Office.
FINANCIAL IMPACTS
The weed abatement program is a 100% cost recovery program. Direct costs of abatement are
charged based on actual costs to clear the parcels. A per - parcel administrative fee of $172 is
added to each parcel to cover the cost of the weed abatement inspector, program management
and secretarial support 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. Please see
the attached Cost Report fora complete breakdown of costs for the 2011 Weed Abatement
Season. _
ATTACHMENT(S)
1. Resolution;
2. Cost Report for 2011 Weed Abatement; and
3. Property Tax Levy Form Detailing Unpaid Invoices for Weed Abatement Services
Conducted in 2011..
y property.
Therefore, there is no conflict of interest with within 500' of any Council Members' roperty.
No property owners with unpaid invoices live
Council Members taking action on this item.
RESOLUTION CONFIRMING THE COST OF,ABATEMENT
OF WEEDS AND APPROVING THE FORWARDING OF UNPAID
BILLS TO THE,COUNTY ASSESSOR'S OFFICE FOR
COLLECTION AS ASSESSMENTS
WHEREAS, on the 17 day of October, Cary Fergus, Fire Marshal for the City of
Petaluma, California 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 sixty (60) 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 Resolution 2011-
042 N.C.S. adopted. March 21, 2011; and,
WHEREAS, the Fire Marshal's Report of the cost of this season's weed abatement
program was posted by, him on or before the 12 day of October, 2011 on the Chamber door
of the City Council in City Hall, Petaluma, California. Said displayed notice and Report
states that a Public Hearing would beheld before this City Council on this 17 day of
October at the hour of 7:00 P.M., or as soon thereafter as can be heard, about the outcome of
the abatement season; and,
WHEREAS, the Fire Marshal kept an accounting of nuisance weed abatement completed
by the City's weed contractor, Giusti Ranch, and submitted the 2011 Weed Abatement Cost
Report ( "the Report") to the City Council showing the cost of removing weeds, excessive
organic yard waste, foliage, overgrowth, dirt and /or debris from the sixty (60) parcels abated
this season;' and,
WHEREAS, , before said Report was submitted to the City Council, a copy of same was
posted for at least three (3) days on the Chamber door of the City Council, together with
notice of the date on which the Report would be submitted to the City Council for
confirmation; and,
3
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.
NOW, THEREFORE, BE`ITRESOLVED' the recitals above are adopted as
findings of the City Council.
BE IT FURTHER RE SOLVED that the Fire Marshal's 2011 Weed Abatement Cost
Report ( "the Report"), , and each amount and part thereof, is hereby confirmed, and as to the
delinquent parcels listed therein, the amount shown for each such .parcel constitutes a special
assessment against each such delinquent parcel..
BE IT FURTHER RESOLVED that a copy of the Report shall be given to the County
Auditor /Assessor of Sonoma County, such that a special assessment 'shall be charged against
each delinquent parcel as, in the Report, pursuant to Government Code, Title 4, Chapter
13, including § §39560 et seq.,
0.4 u. 9 ,•, •,
1868 �.i.
COST REPORT FOR 2011 . WEED ABATEMENT
CHARGES AND EXPENSES
DISKING 20.00 HOURS
MOWING 77.50 HOURS
HAND WORK 582.00 HOURS
BLADING 0.00 HOURS
PULLING FEE ($20 /PER ) 36 PULLS
PARCELS ABATED BY CONTRACTOR: PRIVATE 16
CITY 44
60
L CHARGES:
CHARGED TO PRIVATE PROPERTY OWNERS (16 PARCELS)
(INCL. ADMINISTRATION FEE OF $172.00. FOR _ OF 16 PARCELS; FEE WAS WAIVED FOR 1 $9,282.50
PARCEL DUE TO SPECIAL CIRCUMSTANCES /ECONOMIC HARDSHIP)
CHARGED TO CITY DEPARTMENT FUNDS (44 PARCELS)
[PUBLIC 'WORKS (13); FIRE (1), HOUSING :('1)_& WATER RESOURCES (29)] $22,243.75
(INCLS. ADMINISTRATIVE FEE OF $1 TO 30 ENTERPRISE & LAD ACCOUNTS)
TOTAL AMOUNT BILLED: $31,526.25
0 EXPENSES:
PAYMENT OF CONTRACTOR'S (GIUSTI RANCH) DIRECT INVOICES: $23,786.25
POSTAGE: 1 & 2 HEARING LETTERS = 385 @ $.44; 3 @ $.61; 1 @ $1.56: $172.79
POSTAGE: 1 sT & 2 INVOICING 21. @ $.44: $9.24
POSTAGE: ADD'L "PLEASE. ABATE " .,'LETTERS — 17 @ $.44: $7.48
LABOR HOURS SPENT FOR PROGRAM
MANAGEMENTI(FIRE MARSHAL): 10 HRS $556.40
WEED INSPECTOR (P /T FIRE' INSPECTOR I) (5/3- 8/21): • 160 HRS $5,648.00 '
SECRETARY: 60 HRS $1,594.20
FINANCE (ACCOUNTING ASSISTANT II): 2 HRS $52.80
TOTAL EXPENSES: $31,827.16
nrW ACCOUNTING SUMMARY:
TOTAL CHARGES: $ 31,526.25
TOTAL EXPENSES: — $ 31,827.16
BALANCE SUMMARY: - $ 300.91
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