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Home My WebLink AboutStaff Report 6.A 10/15/2012 4 w L t' r AXi v I evn #6 A 4 -141 rt'Y DATE: October 15; 2012 TO: Honorable Mayor arid Members of the,City Council through City Manager FROM: Carry . Ansson 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: 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 26 years, the Fire Department's Fire Prevention Bureau has developed an aggressive weed abatement program. The,clearing of public and private property, depending on weather, must be accomplished by mid-May or early June of any given year 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 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 2012W,eed;Abatement Season, approximately 652 properties (Citytand private) were identified as requiring abatement and respective owners were notified by mail to abate weeds. The weed removal deadline was May 31, 2012. Property inspections:began June 4, 2012. DISCUSSION Public Hearings were held twice,during the 2012 season: on May 21, 2012 (Resolution 2012-063 N.C:S.)for the benefit of 644 City and private parcels listed on the original weed master list and again on July 16, 2012 (Resolution 2012-111 N.C.S.) for the benefit of sixteen 0'6) additional pdrcels identified after the May'21st hearing. A total of forty-seven (47) parcels were abated in 2012 by the City's weed contractor during the 9-week season; thirty-seven (37) City-owned sites and ten (10),private rsites.:.Invoices for such services were issued to the private parcel owners Agenda Review: City Attorney; ,,, S Finance r City Manager ati,, � . • with an August 24th 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 recentpast, 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$177 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 recoveredthrough 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 for a complete breakdown of costs for the 2012 Weed Abatement Seasori' ATTACHMENT(S) 1. Resolution; 2. Cost Report for 2012 Weed Abatement; and 3. Property Tax Levy Form Detailing Unpaid Invoices for Weed Abatement Services Conducted in 2012. No property owners with unpaid invoices live within 500' of any Council Members' property: Therefore, there is no conflict of interest with Council Members taking action on this item''i. • • a 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 15th 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 forty-seven(47) 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 2012-030 N.C.S. adopted March 19, 2012; 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 10th day of October, 2012 on the.Chamber door of the City Council in City Hall, Petaluma, California. Said displayed notice and Report states that a Public Hearing would be held before this City Council on this 15th 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, Keystone Tractor Service, and submitted the 2012 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 forty- seven,(47)2pareels abated this season; and, WHEREAS, before.said Report was submitted to the City Council, a copy of same was posted fora 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 IT RESOLVED that the recitals above are adopted as findings of the City Council. BE IT FURTHER RESOLVED that the Fire Marshal's 2012 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.thata special assessment shall"be charged against each delinquent parcel as listed in the Report, pursuant to Government Code, Title 4, Chapter 13, including §§39560 et seq., • • 4 4 9 tart9• COST REPORT FOR 201.2 WEED ABATEMENT CHARGES AND EXPENSES DISKING 20.25 HOURS MOWING 113.50 HOURS HAND WORK 260.25 HOURS BLADING 5.00 HOURS PULLING FEE($40/PER) 39 PULLS PARCELS ABATED BY CONTRACTOR: PRIVATE • 10 CITY 37 47 ►CHARGES: CHARGED TO PRIVATE PROPERTY OWNERS(10 PARCELS (INCL.PER PARCEL ADMINISTRATION FEE OF$177.00) $6,392.50 CHARGED TO CITY DEPARTMENT FUNDS(37 PARCELS) [PUBLIC WORKS AND UTILITIES DEPARTMENT(36),&HOUSING(I)) $18,212.75 (INCL.PER PARCEL ADMINISTRATION FEE OF$177.00) TOTAL AMOUNT BILLED: $24,605.25 1%1-EXPENSES: PAYMENT OF CONTRACTOR'S(KEYSTONE TRACTOR SERVICE) • DIRECT INVOICES: $16,286.25 POSTAGE: 1ST&2ND HEARING LETTERS-393 @$.45;,1 @$1.70: $178.55 POSTAGE: 1ST&2ND INVOICING-15 @.$.45: $6.75 POSTAGE:ADD'L"PLEASE ABATE"LETTERS-27 @$ 45: $12.15 LABOR,HOURS SPENT FOR PROGRAM MANAGEMENT(FIRE MARSHAL): 10 HRS $556.40 WEED INSPECTOR(P/T FIRE INSPECTOR I) (5/1-8/24): 160 HRS $5,648.00 SECRETARY: 60 HRS $1,658.40 FINANCE(ACCOUNTING ASSISTANT II): 2 HRS $52.80 TOTAL EXPENSES: $24,399.30 ►ACCOUNTING SUMMARY: TOTAL CHARGES: $ 24,605.25 TOTAL EXPENSES: -$24,399.30 BALANCE SUMMARY: $ 205.95 ,n ' in o V) z I"- CV r- o r_, O o0 o N F W N EA (H GS M EA O A N Q H4 4 Q C Ci z g Z U ire Z Z p p m O > Z O 04 � • E L N . 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