ACTION:
____________________________
Clerk/Secretary
Department: Fire Item No: PH1
Prepared by: Maia Hodge, Management Analyst Meeting Date: January 25, 2022 Approved by:
Ned Vander Pol, Fire Chief
Patrick Johnson, City Manager Agenda Location: Public Hearing SUBJECT: WEED ABATEMENT ADMINISTRATIVE FEE
RECOMMENDATION: Adopt City Council Resolution No. 2022- , approving the weed abatement administrative fee schedule and amending the Fiscal Year 2021/22 and 2022/23 Operating Budget.
CORRELATION TO CITY COUNCIL GOALS: (1) Public Safety and (2) Fiscal Responsibility.
PRIOR ACTION: On June 8, 2021, adopted City Council Resolution No. 2021-89, approving the Fiscal Years 2021/22 and 2022/23 Operating Budget (Vote: 5-0).
On November 9, 2010, adopted City Council Resolution No. 2010-157 approving the weed abatement administrative fee schedule and amending the Fiscal Year 2010/11 Operating Budget (Vote: 4-1, Lopez opposed).
A complete list of prior actions is included as Exhibit 2.
STATEMENT ON THE SUBJECT: The Vista Fire Department Weed Abatement Program was established to help protect the residents of Vista from the devastating effects of wildfires. As part of this program, the Fire Prevention Bureau sends notices to owners of properties who may have a fire hazard on their property due to brush, dead trees, shrubs, or other combustibles, and requests for abatements of hazard. Vista Municipal Code Section 8.60 provides the Fire Chief authority to notify a property owner if their property is deemed a fire hazard. If compliance is not achieved, a forced abatement of the hazard can occur, and ultimately, a lien could be placed on the property to recover costs. The current charges to property owners who enter into forced weed abatement include the cost to clear the property through a City contractor, a $695 administrative fee, and a $160 abatement warrant fee. Both fees were intended to recover 100 percent of the fire department’s costs.
The current charges were established in 2010, and currently they do not achieve full cost recovery. To achieve full cost recover, staff recommends increasing the weed abatement administrative fee to $940, and the abatement warrant fee to $423. The weed abatement administrative fee includes additional staff time to inspect property, meet with City contractor, document, and process paperwork specific to the forced abatement of the hazard. The Abatement warrant fee includes additional staff time associated with acquiring a warrant to access the property for forced abatement of the hazard. Fees would only be charged if it becomes necessary for the City to obtain an abatement warrant and for the City contractor to access the property to clear. Exhibit 3 outlines the procedure and costs for forced weed abatement.
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
1/25/2022 PH1 Page 1 of 6
Approved above recommendation, adopted City Council Resolution No. 2022-9.
Vote: 5-0
MEETING DATE: JANUARY 25, 2022 PAGE 2
SUBJECT: WEED ABATEMENT ADMINISTRATIVE FEE
Property owners who bring their property into compliance after the first notice and prior to the second inspection will not be charged a fee. Property owners who do not comply and require additional inspections and the services of the City’s contractor through the forced abatement process will be assessed accordingly to recover costs for the additional work involved. In 2021, fourteen parcels were forced abated; eleven were located in the City and three were located in the Vista Fire Protection District (VFPD). The VFPD Board will consider adopting the City’s fee structure after it is adopted by the City Council.
Staff recommends approval of the revised weed abatement administrative fee schedule to be effective February 1, 2022.
FISCAL IMPACT: The next weed abatement season will begin April 15, 2022 for FY 2021/22. During FY 2022/23, it is estimated that the new fees will increase revenue in the Fire Weed and Lot Clearing Fees revenue account (No. 0010034.435160) in the amount of $14,993.
EXHIBITS:
1. City Council Resolution No. 2022- , approving the weed abatement administrative fee schedule and amending the Fiscal Year 2021/22 and 2022/23 Operating Budget
2. Complete List of Prior Actions
3. Weed Abatement Fee Structure Worksheet
1/25/2022 PH1 Page 2 of 6
00104681 2
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, APPROVING THE WEED ABATEMENT
ADMINISTRATIVE FEE SCHEDULE AND AMENDING THE FISCAL YEAR 2021/22 AND 2022/23 OPERATING BUDGET
The City Council of the City of Vista does resolve as follows:
1.Findings. The City Council hereby finds and declares the following:
A.Vista Municipal Code Chapter 2.68 entitled Fees and Charges for City Services provides the manner in which City fees and charges may be set by the City Council in order to provide for the cost of certain services and procedures.
B.Vista Municipal Code Chapter 8.60 entitled Weed and Rubbish Abatement Procedures sets forth the process for abating fire hazards on private property and authorizes the recovery of abatement costs from property owners who fail to abate fire hazards after notice.
C.In addition to the contractor’s cost of abatement, the Fire Department and the City Attorney’s office charges an abatement administrative fee and abatement warrant fee respectively in order to recover the City of Vista costs associated with the weed abatement program.
D.The current weed abatement fees do not adequately cover the City of Vista costs associated with the weed abatement program, and the City Council desires to adjust the fees to reasonably reflect the City’s actual costs.
2.Action.
A.The Weed Abatement Administrative Fee schedule is approved as follows effective February 1, 2022:
Weed Abatement Fees Amount
Administrative Fee $940
Abatement Warrant Fee $423
[Continued on page 2.]
1/25/2022 PH1 Page 3 of 6EXHIBIT 1
RESOLUTION NO. 2022-
CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 2
00104681 200104681.DOCX
3.Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on January 25, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
DAROLD PIEPER, CITY ATTORNEY
By:
APPROVED
Darold Pieper
20220110081232
JUDY RITTER, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
1/25/2022 PH1 Page 4 of 6
Complete List of Prior Actions
On June 8, 2021, adopted City Council Resolution No. 2021-89, approving the Fiscal Years 2021/22 and 2022/23 Operating Budget (Vote: 5-0).
On November 9, 2010, adopted City Council Resolution No. 2010-157 approving the weed abatement administrative fee schedule and amending the Fiscal Year 2010/11 Operating Budget (Vote: 4-1, Lopez opposed).
On March 26, 1991, adopted City Council Resolution No. 91-51, revising the weed abatement administrative fee to $62.00 per parcel cleared by the City Contractor (Vote: 5- 0).
On February 21, 1967, adopted City Council Ordinance No. 67-5, establishing an ordinance of the City of Vista, California, declaring dry weeds, dead shrubs, dead trees, and certain waste matter to be a public nuisance, and providing for the abatement and removal thereof (Vote: 5-0).
1/25/2022 PH1 Page 5 of 6EXHIBIT 2
TASK
NO ADMINISTRATIVE FEE TASK STAFF MEMBER COST PER HOUR
20222
NUMBER OF
HOURS
TOTAL
COST
1 Update Address List1 Senior Office Specialist
2 Mail Notice1 Senior Office Specialist
3 Inspect Property Fire Inspector 97.00$ 1.50 145.50$
4 Send Certified Letter Senior Office Specialist 73.00$ 1.00 73.00$ 5 Re-inspect Property Fire Inspector 97.00$ 1.50 145.50$ 6 Prepare/Provide Instruction to Contractor Fire Inspector
97.00$ 1.00 97.00$
7 Re-inspect Property Fire Inspector 97.00$ 1.50 145.50$ 8 Complete Documentation Fire Inspector 97.00$ 1.00 97.00$ 9 Authorize Contractor Billing Fire Inspector 97.00$ 0.50 48.50$ 10 Pay Contractor/Invoice Property
Owner/Deposit
Management Analyst
94.00$ 1.00 94.00$
11 Review Outstanding Invoices/Send
Reminders/Send Final Notice/Prepare
for Property Tax Lien
Management Analyst
94.00$ 1.00 94.00$
940.00$
TASK
NO ABATEMENT WARRANT FEE TASK STAFF MEMBER COST PER HOUR 20221
NUMBER OF
HOURS
TOTAL
COST
1 Prepare Warrant Document Assistant Attorney 141.00$ 1.00 141.00$ 2 Obtain Judge's Signature Assistant Attorney 141.00$ 2.00 282.00$ 423.00$
1 The cost per hour for the Assistant Attorney includes hourly salary, benefits, and overhead.
EXHIBIT 3
WEED ABATEMENT FEE STRUCTURE WORKSHEET
TOTAL FEE
TOTAL FEE
1 The first two steps of the process are not included in the fee calculation. 2 The cost per hour for the Fire Inspector, Senior Office Specialist, and Management Analyst include their hourly salary, benefits, and overhead.
1/25/2022 PH1 Page 6 of 6EXHIBIT 3