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Item 13 - Weed AbatementDATE: TO: FROM: TOWN OF LOS GATOS MEETING DATE: 08/06/2019 COUNCIL AGENDA REPORT ITEM NO: 13 July 22, 2019 Mayor and Town Council Laurel Prevetti, Town Manager SUBJECT: Open and Close a Public Hearing to Consider Objections to the 2019 Weed Abatement Program Assessment Report and Adopt a Resolution Confirming the Report and Authorizing Collection of the Assessment Charges RECOMMENDATION: Open and close a public hearing to consider objections to the 2019 Weed Abatement Program Assessment Report (Attachment 1) and adopt a resolution (Attachment 2) confirming the report and authorizing collection of the assessment charges. BACKGROUND: The purpose of the Weed Abatement program is to prevent fire hazards posed by vegetative growth and the accumulation of combustible materials, as defined in the Town Code, Chapter 11, Article II, Section 11.20.010. This is a monitoring program and the primary objective is voluntary compliance. The Program is administered through a contract with the Santa Clara County Department of Agriculture and Environmental Management (County) and is funded from fees charged to residents if the County contractor must perform weed abatement work on the property, or if the property is not in compliance with Minimum Fire Safety Standards when it is first inspected by the County in the spring. Properties that fail the initial inspection are charged an inspection fee, even if the resident completes the weed abatement. Program staff annually inspect parcels at the beginning of the fire season, which is typically in March or April. If the parcel is not in compliance at the time of inspection, the property owner is charged the inspection fee and the owner is sent a courtesy notice as a reminder to abate the weeds. If the weeds are not abated by the property owner, the work is completed by the PREPARED BY: Stefanie Hockemeyer Executive Assistant, Parks and Public Works Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Director of Parks and Public Works 110 E. Main Street Los Gatos, CA 95030 • 406-354-6832 www.losgatosca.gov PAGE 2 OF 3 SUBJECT: Open and Close a Public Hearing to Consider Objections to the 2019 Weed Abatement Program Assessment Report and Adopt a Resolution Confirming the Report and Authorizing Collection of the Assessment Charges DATE: July 22, 2019 BACKGROUND (continued): County's contractor. The property owner pays a fee equal to the contractor's charges plus a County administrative fee. Properties remain on the Program for three years and are removed if no hazards are found during that time. On December 7, 2018, the Town Council passed Resolution 2018-053 (Attachment 3) declaring hazardous vegetation (weeds) a public nuisance, providing for their abatement, and set January 15, 2019 as the public hearing date for the annual program. The County mailed property owners a notice of the January 15, 2019 Public Hearing for the Los Gatos jurisdiction and guidelines on the Los Gatos Weed Abatement Program. Unfortunately, the letter contained incorrect dates and the notice was resent with the correct information. For this reason, the hearing was continued to the February 5, 2019 Council meeting. DISCUSSION: The 2019 Weed Abatement Assessment Report list includes assessment charges for initial inspection fees and for performing weed abatement. The attached resolution affirms these costs and acknowledges the costs will be assessed by the County Tax Collector against the respective properties. The Town of Los Gatos mailed property owners a notice of the August 6, 2019 Public Hearing for the Los Gatos jurisdiction, along with the assessment charges. This public hearing is an opportunity for residents who received an assessment to object to that assessment. CONCLUSION: Open and close a public hearing to consider objections to the 2019 Weed Abatement Program Assessment Report and adopt a resolution confirming the report and authorizing collection of the assessment charges. COORDINATION: This program has been coordinated with the Santa Clara County Department of Agriculture and Environmental Management. PAGE 3 OF 3 SUBJECT: Open and Close a Public Hearing to Consider Objections to the 2019 Weed Abatement Program Assessment Report and Adopt a Resolution Confirming the Report and Authorizing Collection of the Assessment Charges DATE: July 22, 2019 FISCAL IMPACT: Funds are budgeted in the Operating Budget to cover the cost of publishing the legal notices for the program. The County's cost to administer and carry out the program are recovered through the tax roll assessment charges levied against the affected properties. ENVIRONMENTAL ASSESSMENT: This is not a project defined under CEQA, and no further action is required. Attachments: 1. 2019 Weed Abatement Program Assessment Report. 2. Resolution 2019-XX Confirming the Report and Authorizing Collection of the Assessment Charges. 3. Resolution 2018-053 Declaring Hazardous Vegetation (Weeds) a Public Nuisance and Providing for their Abatement. 1 5 6 7 8 9 10 11 Situs 101 Capistrano 0 Calle Marguerita LAND Wedgewood 935 Castlewood 17291 Wedgewood 14325 Mulberry 14333 Mulberry 14311 Mulberry 15759 Oak Knoll 16245 Burton 14823 Los Gatos 12 15439 National 13 18481 Overlook 14 16 Pennsylvania 15 110 Wood Wood 16 138 17 16009 Stephenie 18 0 Union APN 409-02-013 409-04-049 409-08-001 409-11-021 409-14-013 409-15-020 409-15-022 409-15-038 410-04-016 424-06-115 424-07-065 424-12-137 510-40-019 510-42-014 510-47-038 510-47-044 523-26-006 523-42-011 2019 WEED ABATEMENT PROGRAM ASSESSMENT REPORT TOWN OF LOS GATOS OWNER ADDR SS Henley, Stacey Trustee 101 Capistrano P1 Gupta, Mohit And Apan, Parul Union Pacific Corporation Yamaguchi, Judy C Trustee Saffarian, Babak Trustee & Et Al Khuong, Daniel And Nghiem, Bolandi, Hooman Lee, Kwangho And Yunsun Rokitta, Reid Trustee & Et Al Swenson, C B Trustee 14823 Lgb Lk 15439 National Lk Dickinson, Patricia J Shafai, Farhad And Langroudi, Episcopal Senior Communities Frenkel, Lily M And Draa, Justin S Capriola, Edward RAnd Iris K Robinson, Richard E Trustee 4708 Grimsby Dr 10031 Foothills Blvd 14755 Fruitvale Av 706 Remington Drw 14325 Mulberry Dr 14333 Mulberry Dr 14311 Mulberry Dr 15759 Oak Knoll Ct 777 1st Stn F15 965 Page Mill Rd 15439 National Av 19a Santa Cruz Avn 16 Pennsylvania Av 2185 California B1n Ste 275 138 Wood Rd 1466 Sutter Creek Dr 0 Po Box 1789 LOS GATOS SAN JOSE ROSEVILLE SARATOGA SUNNYVALE LOS GATOS LOS GATOS LOS GATOS LOS GATOS SAN JOSE PALO ALTO LOS GATOS LOS GATOS LOS GATOS WALNUT CREEK LOS GATOS EL DORADO HILLS DISCOVERY BAY TAX ROLL AMT TRA 95030-1103 $80.00 3003 95130-2037 $80.00 3003 95747 $2,790.30 3003 95070-6136 $80.00 3003 94087 $80.00 3003 95032-0000 $80.00 3003 95032-0000 $80.00 3003 95032-0000 $80.00 3003 95030-0000 $80.00 3003 95112 $80.00 3003 94304 $80.00 3003 95032-0000 $80.00 3003 95030-5968 $80.00 3003 95030-5925 S80.00 3003 94596-3508 $575.00 3003 95030-6740 $575.00 3003 95762-4058 $80.00 3003 94514 $80.00 3003 Report Date: 7/18/2019 (List Sorted by APN) Page 1 ATTACHMENT 1 19 20 21 22 0 23 24 Situs 15941 Quail Hill 15925 Quail Hill 145 Drysdale Gum Tree 16200 Greenridge 16084 Greenridge 25 0 26 27 28 Larga Vista 14960 Larga Vista 401 Surmont 14741 Blossom Hill 29 258 Union 30 258 Union 118 Harwood 615 Blossom Hill Bella Vista 34 0 Bella Vista 35 0 Bella Vista 36 0 Bella Vista 31 32 33 0 APN 527-02-006 527-02-007 527-03-003 527-03-007 527-15-001 527-15-002 527-16-013 527-16-016 527-20-002 527-41-047 527-44-012 527-44-013 527-56-020 529-16-026 529-23-003 529-23-015 529-23-019 529-23-020 2019 WEED ABATEMENT PROGRAM ASSESSMENT REPORT TOWN OF LOS GATOS Khosravi,Arvin And Mozafar, Diep, John And Allison Zukin, Margaret S Trustee Quint, Robert A Trustee & Et Al Ormandy, Roman And Bibiana Croll, Jennifer Guevara, Maria E Trustee & Et Al Prouty, Kymberly KAnd Paul R Bate, Rosemary S Demetry,Andrew E Cashmere Bouquet 1031 Llc Cashmere Bouquet 1031 Lk Siu, Marian Y Trustee Dunn Properties Lp Runyan, Peter And Choi, Hyung Mee Peters, Katherine H And Jake C Harlan, Marilyn S Trustee Hedberg, Pernilla And Claes J OWNER ADDRESS 15941 Quail Hill Rd 5950 Country Cruz Py 145 Drysdale Dr 0 Gum Tree Ln 16200 Greenridge Tr 34 Santa Cruz Avn 14975 Larga Vista Dr 14960 Larga Vista Dr 110 Belvale Dr 457 Vista Robles Dr 15055 Los Gatos Blvd Ste 310 LOS GATOS 15055 Los Gatos Blvd Ste 310 LOS GATOS 118 Harwood Ct 301 Alta Loma Ln 331 Villa Vista Av 0 P O Box 3486 4168 Riva Ridge 350 Bella Vista Av TAX ROLL AMT TRA LOS GATOS 95032-4819 $80.00 3003 SAN JOSE 95138 $575.00 3003 LOS GATOS 95032-4847 $80.00 3003 LOS GATOS 95030-0000 $80.00 3003 LOS GATOS 95032-4914 $80.00 3003 LOS GATOS 95030-5917 $80.00 3003 LOS GATOS 95032-4917 $575.00 3003 LOS GATOS 95032-4918 $575.00 3003 LOS GATOS 95032 $575.00 3003 BEN LOMOND 95005 $80.00 3003 95032 $80,00 3003 95032 $80.00 3003 1,05 GATOS 95032-0000 $80.00 3003 SANTA CRUZ 95062 $575.00 3003 LOS GATOS 95032 $80.00 3003. KETCHUM 83340 $575.00 3003 FAIR OAKS 95628-6429 $80.00 3003 LOS GATOS 95032-5400 $80.00 3003 Report Date: 7/18/2019 (List Sorted by APN) Page 2 37 38 39 40 41 42 43 Situs No Situs No Situs 148 Cleland 16421 Kennedy 16510 Kennedy 16461 Kennedy 16481 Kennedy 44 248 Jared 45 234 Harding 46 47 48 17652 Tourney 49 14050 Shannon 17511 Philips 17528 Tourney 50 233 51 52 Forrester 227 Forrester 155 Wooded View 53 210 Wooded View 105 Happy Acres 54 APN 529-29-065 529-29-066 529-34-043 532-17-023 532-17-025 532-17-027 532-17-028 532-34-071 532-36-055 532-39-009 537-04-019 537-04-043 537-17-027 537-21-010 537-22-012 537-23-028 537-23-046 537-26-053 2019 WEED ABATEMENT PROGRAM ASSESSMENT REPORT TOWN OF LOS GATOS Douglas, Vasiliki Kidder, Vasiliki Hattar, Marie C Fitzsimmons, John R And Helene J Mckenzie, Jaclyn J Trustee Chaudhry, Faisal And Reem C Hakhu, Jai K And Nalini Pan, Sam Shiwei Wu, Chao T Uplift Family Services Ebrahimi, Kevin A Yu, Margaret And Rolandi, Marco Perzow, Carrie And Leirer, Von Otto Jackson Street Equities Lk Schiefelbein, Linda A And Lester W Ownbey, Douglas V Trustee Adyn Investments Lk George, Nancy Trustee OWNER ADDRESS 10 Reservoir Rd 10 Reservoir Rd 148 Cleland Av 16421 Kennedy Rds 16510 Kennedy Rd 16461 Kennedy Rds 7 Shore Pine Dr 1901 Nobili Av 991 Redding Stw # 103 251 Llewwllyn Av 4459 Windsor Park Dr 17652 Tourney Rd 14050 Shannon Rd 0 Po Box 27421 227 Forrester Rd 0 P.o. Box 9277 19841 Glen Una Dr 105 Happy Acres Rd TAX ROLL AMT TEA LOS GATOS 95032-7028 $80.00 3003 LOS GATOS 95030-0000 $80.00 3003 LOS GATOS 95030-0000 $80.00 3003 LOS GATOS 95030-0000 $80.00 3003 LOS GATOS 95032-6431 $80.00 3003 LOS GATOS 95030-0000 $80.00 3003 NEWPORT COAST 92657 $575.00 3003 SANTA CLARA 95051-2229 $575.00 3003 SAN JOSE 95126 $80.00 3003 CAMPBELL 95008 $80.00 3003 SAN JOSE 95136-2048 $80.00 3003 LOS GATOS 95030-7166 $80.00 3003 LOS GATOS 95032-0000 $80.00 3003 SAN FRANCISCO 94127 $80.00 3003 LOS GATOS 95032-6508 $80.00 3003 SAN JOSE 95157 $80.00 3003 SARATOGA 95070-6414 $80.00 3003 LOS GATOS 95032-5704 $80.00 3003 Report Date: 7/18/2019 (List Sorted by APN) Page 3 55 56 57 Situs 16060 Cerro Vista 15975 Cerro Vista 15951 Cerro Vista 58 0 Shannon A N 2019 WEED ABATEMENT PROGRAM ASSESSMENT REPORT TOWN OF LOS GATOS OWNER ADDRESS 537-30-004 537-30-007 537-30-014 537-30-017 Brezoczky, Blasius Trustee & Et Al Tfr Management Group Inc Chen, Shenchang E And Tahn, Whei- Brown, Scott And Sara 16060 Cerro Vista Dr 14938 Camden Ave. #31 15951 Cerro Vista Ct 0P0Box 213 LOS GATOS SAN JOSE LOS GAPOS LOS GATOS 95032-0000 95124 95032-0000 95031-0213 TOTAL $12,300.30 TAX ROLL AMT TRA $80.00 3003 $80.00 3003 $80.00 3003 $80.00 3003 Report Date: 7/18/2019 (List Sorted byAPN) Page 4 RESOLUTION 2019- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ADOPTING REPORT DESCRIBING PARCELS OF REAL PROPERTY, AND SHOWING AMOUNT OF HAZARDOUS VEGETATION (WEEDS) ABATEMENT ASSESSMENTS TO BE COLLECTED ON THE SECURED PROPERTY TAX ROLL OF THE TOWN OF LOS GATOS IN THE COUNTY OF SANTA CLARA, FOR 2019 WHEREAS, the Town Council of the Town of Los Gatos, pursuant to Sections 39501 and 39502 of the Government Code of the State of California, has adopted by ordinance a procedure for the abatement of hazardous vegetation (weeds) and the collection of the charges therefore on the tax roll, as contained in Chapter 11, Article II, Sections 11.20.010 through 11.20.45 of the Los Gatos Town Code; and WHEREAS, pursuant thereto, Resolution No. 2018-053 declaring weeds a public nuisance and providing for their abatement, was adopted by the Town Council on December 7, 2018; and WHEREAS, pursuant to notice duly and regularly given, the public hearing was held with respect thereto on February 5, 2019, overruling objections and ordering abatement of weeds as a public nuisance, was adopted by the Town Council; and WHEREAS, a written report has been filed with the Town Clerk of the Town of Los Gatos, containing a description of each parcel of real property, and showing the amount of the charge to be collected on the secured property tax roll with respect thereto, computed in conformity with the charges prescribed by said ordinance; and WHEREAS, the Town Clerk has set the 6th day of August 2019, in the Town Council Chambers, Town Hall, 110 East Main Street, Los Gatos, California, as the time and place when and where said Town Council would hear and consider all objections or protest, if any, to said report. ATTACHMENT 2 RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that the Town Council does hereby find and declare: 1. That notice of said public hearing was duly and regularly published and given as required by Section 11.20.035 of the Los Gatos Town Code and as otherwise required by law; and 2. All persons desiring to be heard during said hearing were given an opportunity to do so, all matters and things pertaining to said report were fully heard and considered by the Town Council, and all protests and objections, if any, are hereby overruled. FURTHER RESOLVED, that said report, and each charge thereon, with any charges that may be noted on the face of said report pursuant to action taken by this Town Council, is hereby confirmed and approved. FURTHER RESOLVED, that the charges are affirmed and shall be assessed against the real properties listed on the property tax bill if not sooner paid. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 6th day of August 2019, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: RESOLUTION 2018-053 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DECLARING HAZARDOUS VEGETATION (WEEDS) A PUBLIC NUISANCE AND PROVIDING FOR THEIR ABATEMENT WHEREAS, Section 39501 and Section 39502 of the Government Code of the State of California authorize the Town of Los Gatos to prescribe a procedure for compelling the owner, lessees or occupant of buildings, grounds, or lots to remove hazardous vegetation weeds) from such buildings or grounds and adjacent sidewalks, and, upon his failure to do so, to remove such hazardous vegetation weeds) at his expense, making the cost thereof a lien upon such property; and WHEREAS, the Town of Los Gatos, by ordinance, has adopted such a procedure, codified in Chapter 11, Article 2, Sections 11.20.010 through 11.20.045 of the Los Gatos Town Code. NOW THEREFORE BE IT RESOLVED: that the Town Council hereby finds that hazardous vegetation "weeds," as that term is defined in Section 11.20.010, are growing upon and adjacent to private property within the Town of Los Gatos, and declares that all hazardous vegetation weeds) growing upon any private property or properties, and in any sidewalk street, or alley within the Town of Los Gatos are a public nuisance and should be abated. BE IT FURTHER RESOLVED that unless such nuisance be abated by the destruction or removal of such hazardous vegetation weeds) within thirty 30) days after the adoption of this resolution, or within the time specified in a written agreement with the Town of Los Gatos Director of Parks and Public Works, or his representative, whichever time shall be later, as provided in Chapter 11, Article 2, of the Los Gatos Town Code, the Town of Los Gatos shall cause such nuisance to be abated, and the expense thereof assessed upon the lots and lands from which, or in the front and rear of which, such hazardous vegetation weeds) shall have been destroyed or removed, such expense constituting a lien upon such lots or lands until paid, and to be collected upon the next tax roll upon which general municipal taxes are collected. 1 of 2 Resolution 2 18- 53 December 4, 2 18 ATTACHMENT 3 BE IT FURTHER RESOLVE that the Director shall execute a "Notice to Destroy Hazardous Vegetation (Weeds)" in the form set forth in Section 11.20.020(b) and shall cause same to be published and posted in the manner prescribed by Section 11.20.020(c). BE IT FURTHER RESOLVE that on the 15th day of January, 2019, at a meeting of the Town Council beginning at 7:00 p.m. in the Council Chambers of the Civic Center, 110 E. Main Street, Los Gatos, California, a public hearing will be held during which all property owners in the Town of Los Gatos having any objections to the proposed destruction or removal of such hazardous vegetation (weeds) will be heard and given due consideration. PASSE AN A OPTE at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 4th day of December 2018 by the following vote: COUNCIL MEMBERS: AYES: Marcia Jensen, Rob Rennie, Marico Sayoc, Barbara Spector, Mayor Steven Leonardis NAYS: None. ABSENT: None. ABSTAIN: None. ATTEST: TOWN CLERK O HE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: /27748 SIGNET: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: Az" //8 2 of 2 Resolution 2 18- 53 December 4, 2 18