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20 Staff Report.Weed Abatement with Attachments PREPARED BY: Meredith Johnston Administrative Technician Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Parks and Public Works Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 08/06/2024 ITEM NO: 20 DATE: July 22, 2024 TO: Mayor and Town Council FROM: Laurel Prevetti, Town Manager SUBJECT: Conduct a Public Hearing to Consider Objections to the 2024 Weed Abatement Program Assessment Report and Adopt a Resolution Confirming the Report and Authorizing Collection of the Assessment Charges RECOMMENDATION: Conduct a public hearing to consider objections to the 2024 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 Weed Abatement Program (the Program) is a different, but complementary program to the Brush Abatement Program. Both programs work to protect the Town by preventing fire hazards created by vegetative growth and the accumulation of combustible debris on private property with the goal of voluntary compliance. The Town of Los Gatos Municipal Code Chapter 11, Article II, requires property owners to prevent potential fire hazards to provide protection for the property and any nearby structures by clearing hazards. The Program is administered by the County on behalf of the Town and is funded from fees assessed on the properties included on the assessment list. Every year while in the Program, each of the property owners are charged an annual compliance inspection fee and some incur costs for additional inspections, administrative, and abatement fees. Typically, a property is placed in the Program after a Santa Clara County (County) inspector identifies a potential fire hazard on the premises. Fire Departments, Code Enforcement, Public Works, and other public agencies can also submit complaints to the County. Once a parcel is PAGE 2 OF 3 SUBJECT: Weed Abatement Program Public Hearing to Consider Objections to the 2023 Weed Abatement Program Assessment Report and Adopt a Resolution Confirming the Report and Authorizing Collection of the Assessment Charges DATE: July 22, 2024 BACKGROUND (continued): placed in the Program, it will remain until it demonstrates compliance for three consecutive years, at which point it will be removed. Property owners in the Program are given the opportunity to abate their weeds prior to receiving an annual compliance inspection by County staff. The annual inspection is conducted to determine if the property has been cleared of hazards according to the requirements defined in the Santa Clara County Weed Abatement Program Weed Abatement Brochure. If the property owner has not complied with the requirements of the Program by the time of the County inspection, then the Town authorizes the County to remove the weeds. The County recovers its costs through a special assessment on each parcel’s property tax bill. On December 5, 2023, the Town Council passed Resolution 2023-066 (Attachment 3) declaring hazardous vegetation (weeds) a public nuisance, providing for their abatement, and setting January 16, 2024 as a public hearing date for the annual program. The County mailed property owners a notice of the January 16, 2024 Public Hearing for the Los Gatos jurisdiction along with guidelines on the Weed Abatement Program (Attachment 4). DISCUSSION: The 2024 Weed Abatement Assessment Report list includes assessment charges for the annual compliance inspection fee of $96, and any additional inspection, administrative, and abatement fees (Attachment 1). The letter provided to each property owner affirms these costs and acknowledges they will be assessed by the County Tax Collector against the respective properties. In accordance with the Town Code Section 11.20.035, the assessment report was posted in three (3) prominent places in Town, one (1) of which was at Town Hall. The Town of Los Gatos mailed property owners a notice of the August 6, 2024 Public Hearing for the Los Gatos jurisdiction, including detailed information on the assessment charges and contact information for potential questions about the assessments (Attachment 5). A similar notice was also published twice in the Los Gatos Weekly, a newspaper of general circulation published in the Town. This public hearing is an opportunity to allow property owners who are on the assessment report to object to the assessment. At this time, no objections have been received. PAGE 3 OF 3 SUBJECT: Weed Abatement Program Public Hearing to Consider Objections to the 2023 Weed Abatement Program Assessment Report and Adopt a Resolution Confirming the Report and Authorizing Collection of the Assessment Charges DATE: July 22, 2024 CONCLUSION: Staff recommends that the Council conduct a public hearing to consider objections to the 2024 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 County's Consumer and Environmental Protection Agency (CEPA) - Weed Abatement Program. FISCAL IMPACT: Funds allocated in the adopted Operating Budget 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 properties included in the assessment report. ENVIRONMENTAL ASSESSMENT: This is not a project defined under CEQA, and no further action is required. Attachments: 1. 2024 Weed Abatement Program Assessment Report 2. Resolution Confirming the Report and Authorizing Collection of the Assessment Charges 3. Resolution 2023-066 Declaring Hazardous Vegetation (Weeds) a Public Nuisance and Providing for their Abatement 4. County Letter to Property Owners (December) 5. Town Letter to Property Owners (July) 6. Public Comment Received APN TAXROLL AMT 831 POLLARD 406-26-011 $96.00 102 VIA TERESA 407-12-016 $96.00 CALLE MARGUERITA 409-04-049 $96.00 CALLE MARGUERITA 409-04-052 $96.00 WEDGEWOOD 409-08-001 $4,739.10 17349 WEDGEWOOD 409-14-017 $96.00 14344 LA RINCONADA 409-14-019 $96.00 14330 LA RINCONADA 409-14-020 $96.00 14341 BROWNS 409-14-035 $96.00 14329 MIULLBERRY 409-15-021 $96.00 17631 WEDGEWOOD 409-17-010 $96.00 103 SPORLEDER 409-24-035 $96.00 109 SPORLEDER 409-24-036 $96.00 110 SPORLEDER 409-24-037 $96.00 104 SPORLEDER 409-24-038 $96.00 14810 CLARA 409-25-030 $96.00 14821 GOLF LINKS 409-27-005 $96.00 14885 LA RINCONADA 409-32-004 $96.00 14635 GOLF LINKS 409-46-025 $96.00 16245 BURTON 424-06-115 $96.00 BURTON 424-06-116 $96.00 14823 LOS GATOS 424-07-065 $96.00 14990 TERRENO DE FLORES 424-10-004 $96.00 14926 LOS GATOS 424-10-009 $96.00 16171 SUN RAY 424-19-070 $642.00 15545 BENEDICT 424-20-008 $96.00 15710 WINCHESTER 424-27-013 $96.00 LAUREL 510-41-068 $4,050.50 72 FAIRVIEW PLAZA 510-43-010 $96.00 WOOD 510-46-006 $96.00 WOOD 510-46-007 $96.00 110 WOOD 510-47-038 $96.00 138 WOOD 510-47-044 $96.00 148 HILLBROOK 523-11-018 $96.00 UNION 523-42-011 $96.00 101 DRYSDALE 527-04-008 $96.00 15777 SHADY 527-05-005 $642.00 16084 GREENRIDGE 527-15-002 $96.00 LARGA VISTA 527-16-013 $96.00 SITUS 2024 WEED ABATEMENT PROGRAM ASSESSMENT REPORT TOWN OF LOS GATOS ATTACHMENT 1 14850 BLOSSOM HILL 527-18-014 $96.00 401 SURMONT 527-20-002 $96.00 14510 BLOSSOM HILL 527-23-027 $96.00 110 BELVALE 527-30-020 $96.00 125 BELVALE 527-30-028 $96.00 175 BELWOOD GATEWAY 527-30-032 $96.00 310 SANTA ROSA 527-55-036 $96.00 118 HARWOOD 527-56-020 $96.00 112 HARWOOD 527-57-008 $96.00 615 BLOSSOM HILL 529-16-026 $96.00 17047 PINE 529-20-011 $96.00 BELLA VISTA 529-23-015 $96.00 BELLA VISTA 529-23-016 $96.00 401 ALBERTO 529-23-018 $96.00 BELLA VISTA 529-23-019 $96.00 BELLA VISTA 529-23-020 $96.00 50 RESERVOIR 529-29-065 $96.00 30 RESERVOIR 529-29-066 $96.00 39 RESERVOIR 529-33-022 $96.00 140 FOSTER 529-37-015 $4,122.91 TOURNEY 529-39-047 $96.00 TWIN OAKS 532-16-006 $96.00 16508 KENNEDY 532-17-025 $96.00 16461 KENNEDY 532-17-027 $96.00 16481 KENNEDY 532-17-028 $96.00 150 BROOKE ACRES 532-18-039 $96.00 17511 PHILLIPS 532-39-009 $96.00 17435 PHILLIPS 532-39-013 $96.00 15312 KENNEDY 537-15-001 $96.00 15220 KENNEDY 537-15-004 $96.00 14050 SHANNON 537-17-027 $96.00 233 FORRESTER 537-21-010 $96.00 229 FORRESTER 537-22-011 $96.00 210 WOODED VIEW 537-23-046 $96.00 15876 SHANNON 537-26-009 $96.00 15780 SHANNON 537-26-016 $96.00 15760 SHANNON 537-26-018 $96.00 209 FORRESTER 537-28-005 $96.00 16060 CERRO VISTA 537-30-004 $96.00 15975 CERRO VISTA 537-30-007 $96.00 16380 HARWOOD 567-18-068 $96.00 1 of 2 Resolution 2024-043 August 6, 2024 RESOLUTION 2024-043 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 2024 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 11.20.045 of the Los Gatos Town Code; and WHEREAS, pursuant thereto, Resolution No. 2023-066 declaring weeds a public nuisance and providing for their abatement, was adopted by the Town Council on December 5, 2023; and WHEREAS, pursuant to notice duly and regularly given, the public hearing was held with respect thereto on January 16, 2024, considering objections to the proposed abatement of hazardous vegetation (weeds) for properties listed on the 2024 Weed Abatement Commencement Report 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 2024, in the Town Council Chambers, Town Hall, 110 East Main Street, Los Gatos, California, and utilizing teleconferencing, as the time and place when and where said Town Council would hear and consider all objections or protest, if any, to said report. 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 of 2 Resolution 2024-043 August 6, 2024 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, 2024, by the following vote: COUNCIL MEMBERS: AYES: NAYS: None ABSENT: None ABSTAIN: None SIGNED: _______________________________ MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: ___________________________________ TOWN CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTACHMENT 3 ATTACHMENT 4 (over) TRA 03 Notice to Destroy Weeds NOTICE IS HEREBY GIVEN that on December 5, 2023, pursuant to the provisions of Section 11.20.020 of the Town Code of the Town of Los Gatos, the Town Council of said Town adopted a Resolution declaring that all weeds growing upon any private property or in any street, sidewalk or alley, as defined in Section 11.20.020 of such code, constitute a public nuisance, which nuisance must be abated by the destruction or removal thereof. NOTICE IS FURTHER GIVEN that property owners shall within thirty days after the adoption of such resolution, or within the time specified in a written agreement with the Director of Parks and Pubic Works of the Town of Los Gatos, or the Director of Parks and Pubic Works' representative, whichever time shall be later, remove all such weeds from their property, the abutting sidewalks, and the abutting half of the street in front, and alleys, if any, behind such property, and between the lot lines thereof as extended, or such weeds will be destroyed or removed and such nuisance abated by the Town of Los Gatos, in which case the cost of such destruction or removal will be assessed upon the lots and lands from which, or from the front or rear of which, such weeds shall have been destroyed or removed; and such cost will constitute a lien upon such lots or lands until paid, and will be collected upon the next tax roll upon which general municipal taxes are collected. All property owners having any objections to the proposed destruction or removal of such weeds are hereby notified to attend a meeting of the Town Council of such Town to be held in the Council Chambers of said Town at 110 East Main Street, Los Gatos, California, on Tuesday, January 16, 2024 at 7:00 p.m., or as soon thereafter as the matter can be heard, when their objections will be heard and given due consideration. The language and format for this notice is required by California Health and Safety Code Sections 14891 Et. Seq. (over) LOS GATOS WEED ABATEMENT PROGRAM SCHEDULE January 16, 2024 Public hearing to consider objections to Abatement List. April 15, 2024 PARCEL ABATEMENT DEADLINE Parcel must be free from hazardous vegetation by this date or Inspector will order abatement. July-August, 2024 Assessment Hearing to protest abatement charges (Date subject to change, please confirm with City Clerk) 2024 COUNTY WEED ABATEMENT FEES Properties in the Weed Abatement Program, you will be responsible for an annual inspection fee of $96.00 per parcel. Please be advised that the property owner of any parcel found to be non-compliant on or after the April 15th deadline will be charged a processing fee of $546.00 and the property will be scheduled for abatement by the County contractor. If you complete the abatement work before the County contractor performs the abatement, you will not incur further charges. Should the abatement work be performed by a County contractor, you will be assessed the contractor’s charges plus a County administrative fee of $884.00 per parcel. 2024 COUNTY CONTRACTOR’S WEED ABATEMENT PRICE LIST A) Disc Work** PARCEL SIZE: 1st Disc + 2nd Disc = Total Discs 0-12,500 sq.ft. $424.26 $170.56 $594.83 12,501sq.ft.- 43,560sq.ft. $424.26 $170.56 $594.83 Larger than 1 Acre $308.19 $150.51 $458.70 (PER ACRE) ** It is required that parcels be disced twice a year. The cost for the first discing is higher due to additional work normally required during the first discing. B) HANDWORK $5.73 PER 100 Square Feet (SF) C) FLAIL 6 Foot Mower $7.31 PER 1,000 SF MOWING 12 Foot Mower $7.31 PER 1,000 SF D) LOADER WORK $175.31 PER HOUR E) DUMP TRUCK $161.82 PER HOUR F) BRUSH WORK $5.47 PER 100 SF G) DEBRIS REMOVAL $60.20 PER HOUR H) DUMP FEE 100% Added to orders with debris removal at 100% of the dump site charge. *Please note this program does not offer herbicide application as a method of abatement. Sam p l e MINIMUM FIRE SAFETY STANDARDS (MFSS) Fire Safety Through Vegetation Management Fire Resistant Landscaping Santa Clara County Consumer and Environmental Protection Agency Weed Abatement Program 1553 Berger Drive #1  San Jose, Ca 95112  Phone (408) 282-3145  Fax: (408) 286-2460  SCC.WeedAbatement@cep.sccgov.org 1. Vegetation must not exceed 6 inches in height any time after the compliance deadline. 2. Maintain grasses and weeds below 6 inches for 10 feet horizontally on both sides of all roadways, including driveways and access routes. Roads and driveways must maintain a clearance of 10’ W by 13’6” H for all vegetation. 3. Clear flammable vegetation a minimum of 30 feet around any structure, occupied or not. Ornamental vegetation should be kept clear of dead material. Some conditions, such as slopes, may require up to a 100 foot clearance. 4. Parcels one acre or less shall be completely abated. Parcels over one acre up to five acres require 30 foot clearance around structures and perimeter property lines. Additional 30 foot cross fuel breaks may also be required. 5. Parcels larger than five acres require 30 foot clearance around structures and perimeter property lines in addition to 30-foot cross fuel breaks as needed to separate the remaining vegetation into sections no larger than five acres. 6. Keep property clear of accumulation of combustible debris, such as trash, wood, and dead vegetation. Stacked firewood and neatly piled yard waste is not considered to be combustible debris. 7. Keep vegetation cleared from under the eaves of houses. 8. Trim tree branches to at least 10 feet away from chimneys. Trim tree branches up from the ground to provide at least 6 feet of vertical clearance. 9. Clear leaves, pine needles and debris from roof and gutters. The following is a partial list of fire resistant plants that you may choose to use around your home to reduce the risk of fire. Contact your local nursery for selections appropriate to your area. All grasses, including those purportedly fire resistant, must be maintained below 6” in height. Trees: African Sumac California Pepper Shrubs: Bearberry Carmel Creeper Carolina Cherry Catalina Cherry Escallonia Hopseed Bush Lemonade Berry Groundcover: Aaron’s Beard Australian Daisy Candytuft Sterile Capeweed Freeway Daisy Rock Rose (except Gum Variety) The Santa Clara County Weed Abatement Program The Santa Clara County Consumer and Environmental Protection Agency and your city are working together to protect your community from fire. We need your help. Please read and follow the directions provided in this brochure regarding fire prevention on your property. The purpose of the Weed Abatement Program is to prevent fire hazards posed by vegetative growth and the accumulation of combustible materials. The Weed Abatement program is entirely funded from fees charged to residents. Fees will be assessed for any property in the program. This is to cover the cost of the compliance inspection for the property. Properties that fail the compliance inspection will be charged a failed inspection fee, even if the resident completes the weed abatement. If the property requires abatement by the County contractor, the property owner will be responsible for the actual cost of abatement plus an administrative fee. Properties that meet and maintain the minimum fire safety standards will not be charged other than the annual fee. Program staff annually inspect parcels at the beginning of the fire season, which is typically in March or April depending on your jurisdiction. If the parcel is not in compliance at the time of inspection, the property owner will be charged a failed inspection fee, and the owner will be sent a courtesy notice as a reminder to abate the weeds. If the weeds are not abated by the property owner, the work will be completed by the County contractor. The property owner will pay the contractor’s fees plus a County administrative fee. All fees will be included in your property tax bill. Our Goal Is Voluntary Compliance Property Owner’s Responsiblilities • Do not allow a fire hazard to exist on your property. The Minimum Fire Safety Standards (MFSS) in this brochure give you guidelines to follow in order to maintain your property and protect against a fire hazard. Please contact our office if you need guidance or have any questions regarding the requirements! • Make arrangements to have your property maintained throughout the year. Contractors can be found in the yellow pages. You may choose to have the County contractor maintain your property. A current price list is included in your packet. • Please complete and return the Reply Form provided in your mailing packet by the date on the form. Indicate your preference regarding performance of weed abatement services. Program Staff Responsibilities • Weed Abatement Inspectors will perform periodic inspections on all parcels included in the Santa Clara County Weed Abatement Program. Properties that fail the compliance inspection will be charged a failed inspection fee, even if the resident completes the weed abatement. • Inspectors will order the County contractor to perform all necessary abatement work on any parcel where the MFSS are not met. An attempt will be made to give the owner a courtesy notice prior to releasing the work order. • The County contractor uses several methods of abatement including discing and handwork. The property owner is free to select whatever method they choose, provided the MFSS of all federal, state and local laws are met. • The Weed Abatement Program will place inspection costs and the charges for County contractor services plus a County administrative fee on the property owner’s tax bill during the next fiscal year. Burrowing Owls Frequently Asked Questions Q. Why have I received an Abatement Notice? A. Typically, a property is placed on the program if a Weed Abatement Inspector identified a potential fire hazard on the property. Fire Departments and other agencies also submit complaints to the Weed Abatement Program. Q. What is required of me now that I am in the Program? A. All property owners are required to maintain their property free of fire hazards throughout the year. Q. The grasses planted on my property are fire resistant. Are they exempt from the Weed Abatement program? A. No. Even grasses that possess some fire resistant qualities are not fire proof, and they can add fuel to any site that is subject to a fire. Additionally, fire resistant grasses are rarely found in a pure, homogenous stand but rather are usually found to occur mixed with other common introduced annual grasses that are highly flammable and hazardous in a fire event. Finally, many grasses occur in Santa Clara County and species identification is difficult in the field, especially after the spring when the reproductive portions required for identification have dried and dispersed. Weed Abatement Inspectors can only focus on the presence of grasses and weeds on your property and the Minimum Fire Safety Standards, and not on grass species identification. Therefore, all grasses are required to be below 6 inches in height. Q. What is the SC County Weed Abatement Program? A. This is a monitoring program and our primary objective is voluntary compliance. See the first two paragraphs of this brochure for further specifics. These small owls nest in abandoned ground squirrel burrows. Discing collapses the burrows and kills the young. These owls are listed as a state Species of Special Concern and are protected by the federal Migratory Bird Treaty Act. If you suspect burrowing owls on your property you must use another form of weed abatement such as mowing or weed- eating. If you request the County perform abatement services, please notify program staff or your City if burrowing owls are known to exist on your property. More FAQ: Q. How long will I be on the Program? A. Your property will remain on the Program for three years. If no hazards are found during that time, your property may be removed from the program. Q. How much will this cost me? A. There will be an annual fee to cover the cost of the compliance inspection. If the parcel does not meet the MFSS when it is first inspected in the spring, or if work is required by the County contractor, you will be charged additional fees. Our goal is to ensure that the MFSS are met at the lowest possible cost to the property owner. Q. How will I be billed? A. Any charges for the inspection and any abatement work performed will appear as a special assessment on your next property tax bill. Q. Why have you performed work on my property while the vegetation is still green? A. Grass, weeds or piles of combustible debris have been declared a public nuisance by your jurisdiction. Abating fire hazards in the spring minimizes the volume of combustible material before the hazards increase and dries out completely during the peak fire season. Q. Will you notify me prior to beginning abatement work? A. Property owners are responsible for preventing fire hazards on their property. If the MFSS have been met, but further work is necessary, you will receive notice prior to the County contractor performing the work. If the MFSS have not been met, an attempt will be made to give the owner a courtesy notice prior to initial abatement. Q. Where can I find someone to provide abatement services? A. Weed Abatement contractors can be found in the Yellow Pages under “Weed Control Services” or “Discing Services”. You may have the County contractor perform the necessary work; see your mailing packet for a current price list as administrative costs are charged. Q. How can I get additional information or assistance regarding the specific requirements for my property? A. Weed Abatement Inspectors are available to assist you and answer your questions. Please call our Customer Service line at (408) 282-3145 to schedule a consultation with program staff or to obtain additional information. Q. I have Grazing Animals do I need to perform abatement? A. Grazing animals do not absolve you of your responsibilities to provide a fire safe condition on your property. You will need to check with our office to determine if grazing is adequate or if additional work is required. ATTACHMENT 5 TOWN OF LOS GATOS PARKS AND PUBLIC WORKS DEPARTMENT PHONE (408) 399-5770 July 22, 2024 RE: NOTICE OF PUBLIC HEARING ON AUGUST 6, 2024, AT 7:00 P.M. TO CONSIDER THE 2024 WEED ABATEMENT PROGRAM ASSESSMENT REPORT AND ADOPT A RESOLUTION CONFIRMING THE REPORT AND AUTHORIZING COLLECTION OF THE ASSESSMENT CHARGES You are receiving this letter because you own a parcel that is included in the 2024 Weed Abatement program. On December 5, 2023, the Town Council authorized the initiation of the annual Weed Abatement program. The Town Council of the Town of Los Gatos has scheduled a public hearing on August 6, 2024 to consider the 2024 Weed Abatement Assessment Report and Adopt a Resolution Confirming the Report and Authorizing the Collection of the Assessment Charges. The attached Assessment Report reflects the charges that will be assessed on your tax roll. A copy of the letter you received in December 2023 describing the charges is attached for your reference. If you have questions about the program or proposed charges, we encourage you to contact the Santa Clara County Weed Abatement Department PRIOR to the public hearing at 408-282-3145. By contacting the County (who manages the program for the Town), you will be able to discuss any concerns you may have, with the intent of achieving resolution prior to the public hearing procedure. IMPORTANT NOTICE: This is a hybrid meeting and will be held in person at the location listed on the agenda and virtually through the Zoom webinar application. Members of the public may provide public comments during the public hearing in person or virtually through the Zoom webinar, by following the instructions listed on the meeting agenda. The live stream of the meeting may be viewed on television and/or online at www.LosGatosCA.gov/TownYouTube. When the meeting agenda is posted, it will include instructions for the participation in the public process. The live stream of the meeting may be viewed on television and/or online at www.LosGatosCA.gov/TownYouTube. Town Council reports related to the Weed Abatement program may be viewed on the Town’s website at www.LosgatosCA.gov – under the Agenda & Minutes page. The Council dates that contain these reports are December 5, 2023, January 16, 2024, and August 6, 2024 (8/6 will be available for public review three days prior to the meeting). SERVICE CENTER 41 MILES AVENUE LOS GATOS, CA 95030 ATTACHMENT 5 Persons wishing to protest the proposed assessment report and/or collection of assessment charges may do so by mailing the protest to the Town Clerk 110 E. Main Street, Los Gatos, CA 95030; emailing to the Town Clerk - Clerk@LosGatosCA.gov, or attending the public hearing by teleconference and speaking. Any written protest must be received by the Town Clerk no later than 11:00 a.m. on August 6, 2024, as described above. Protests must identify the grounds for the protest, the person filing the protest, and the property owned by the person filing the protest. All INTERESTED PERSONS are encouraged to appear at the Public Hearing and be heard. If anyone wishes to challenge the action on the above application in court, they may be limited to raising only those issues they or anyone else raised at the Public Hearing described in this notice, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing. Deadline for all written correspondence is 11:00 a.m. the day of the meeting. Sincerely, Meredith Johnston Administrative Technician, Parks and Public Works From: Kumre, Moe <Moe.Kumre@cep.sccgov.org> Sent: Thursday, August 1, 2024 1:41 PM To: Meredith Johnston <MJohnston@losgatosca.gov> Subject: RE: Protest of Proposed Weed Abatement Report - August 6 Public Hearing [EXTERNAL SENDER] Meredith This property was added in 2023 as stated it had high grass and weeds at the time of the inspection. It is clear that the construction company didn’t manage the grass and weeds. The property owner is misreading the information. First, this program has been in place within the town for a very long time, and the documents stated this was an annual process. Also, the owner was notified of the January hearing. This was his opportunity to contest being in the program. They had responded to the original notice but did not contest it at that hearing. The property passed the inspection, and we are attempting to recover the cost of the inspection. All of these complaints should have been heard at the January hearing. Once the list was authorized, we were required to inspect and recover the cost assessed on the property tax bill. Moe Kumre Weed Abatement Manager County of Santa Clara Consumer and Environmental Protection Agency office: (408)282-3123 email: moe.kumre@cep.sccgov.org ATTACHMENT 7 ATTACHMENT 8 From: Sundar Sent: Friday, August 2, 2024 9:20 AM To: Clerk <Clerk@losgatosca.gov> Subject: Mulberry Drive - Protest Against Inclusion in Weed Abatement Program [EXTERNAL SENDER] Dear Wendy Wood, I hope this email finds you well. I am writing to formally protest the inclusion of my property, located at Mulberry Drive Los Gatos, 95032 in the town's weed abatement program. Firstly, I was not aware of the existence of such a program until I received a letter from Santa Clara county weed abatement in May 2023, after they had flagged my property. I did not receive any prior warning or notice to clear weeds as mentioned in the town's notice. Immediately after received the letter, I reached out to the SCCWeed Abatement team and I was told that I need to wait for the Town's meeting to protest the inclusion. I believe there has been a misunderstanding regarding the condition and maintenance of my property, and I would like to provide some context to clarify the situation. In April 2023, the county weed abatement team took a picture of my property when I was in the process of obtaining a new construction permit for the said property. I have been regularly maintaining the property free from weeds and had just cleared in March 2023, but due to the showers in March and April, the weeds had regrown by the time the picture was taken in April. Additionally, this was an unfortunate timing as well, as I was also affected by a job loss last year and was deeply involved in job search activities. Despite the unfortunate timing, I cleared the weeds right away after coming to know of such a program, but I had to wait for this meeting / notice to officially protest, as per the SCC Abatement team. Since then, the property has been diligently maintained and kept free of weeds. Additionally, I am currently in the process of getting a remodel permit and plan to lay a new driveway in the coming months, which will further improve the property's upkeep and appearance. Redacted Redacted ATTACHMENT 8 Given these circumstances, I kindly request that the town consider this as a one-time issue and exclude my property from the weed abatement program. I assure you that I am committed to maintaining the property in accordance with town regulations and standards moving forward. Thank you for your understanding and consideration. I look forward to your favorable response. Sincerely, Sundar Swaminathan ATTACHMENT 9 From: Kumre, Moe <Moe.Kumre@cep.sccgov.org> Sent: Friday, August 2, 2024 9:50 AM To: Meredith Johnston <MJohnston@losgatosca.gov> Subject: RE: Mulberry Drive - Protest Against Inclusion in Weed Abatement Program [EXTERNAL SENDER] Meredith This was added in 2023 and the owner indicated in this message that they received that notice. We sent to the same address the annual commencement notice which also provided information about the commencement hearing. This would have been the opportunity to contest the inclusion in the program. The hearing we are having on Tuesday is to approve the fees. The fee being assessed here is the inspection fee only. The inspection was conducted as approved by the town council and is to recover the cost of that inspection. Every property in the program can protest the inclusion in the program at the commencement hearing. This is the wrong hearing for that protest. Moe Kumre Weed Abatement Manager County of Santa Clara Consumer and Environmental Protection Agency office: (408)282-3123 email: moe.kumre@cep.sccgov.org Redacted ATTACHMENT 10 From: Sundar Sent: Tuesday, August 6, 2024 7:29 AM To: Clerk <Clerk@losgatosca.gov> Subject: Re: Mulberry Drive - Protest Against Inclusion in Weed Abatement Program [EXTERNAL SENDER] Hello, Based on the call I had with the SCC Country Weed Abatement team and Los Gatos PPW team, I want to emphasize and also add a couple of additional points to consider here. 1. It is claimed that multiple mails have been sent in this regard to me, but I have so far gotten only 2 mails on this subject. One in May of 2023, after which I immediately cleared the driveway and the second one recently after which I am writing this protest letter. Looks like I should have gotten a warning letter earlier, giving me time to clear the weeds by myself, which I haven't gotten and also another mail "Notice to Destroy Weeds, with a blue reply form" in the beginning of 2024 , which was also not received. 2. As I mentioned before, the driveway was cleared immediately after learning of this issue and has been maintained as such since then. The team performed another inspection before a couple of weeks and didn't find any weeds. 3. We are currently in the process of remodel and the driveway would also be levelled and compacted as part of that. 4. Attaching the latest pic of the property for your reference. Thanks. Regards, Sundar Redacted ATTACHMENT 10 ATTACHMENT 10 On Friday, August 2, 2024 at 09:19:35 AM PDT, Sundar wrote: Dear Wendy Wood, I hope this email finds you well. I am writing to formally protest the inclusion of my property, located at Mulberry Drive Los Gatos, 95032 in the town's weed abatement program. Firstly, I was not aware of the existence of such a program until I received a letter from Santa Clara county weed abatement in May 2023, after they had flagged my property. I did not receive any prior warning or notice to clear weeds as mentioned in the town's notice. Immediately after received the letter, I reached out to the SCCWeed Abatement team and I was told that I need to wait for the Town's meeting to protest the inclusion. I believe there has been a misunderstanding regarding the condition and maintenance of my property, and I would like to provide some context to clarify the situation. In April 2023, the county weed abatement team took a picture of my property when I was in the process of obtaining a new construction permit for the said property. I have been regularly maintaining the property free from weeds and had just cleared in March 2023, but due to the showers in March and April, the weeds had regrown by the time the picture was taken in April. Additionally, this was an unfortunate timing as well, as I was also affected by a job loss last year and was deeply involved in job search activities. Despite the unfortunate timing, I cleared the weeds right away after coming to know of such a program, but I had to wait for this meeting / notice to officially protest, as per the SCC Abatement team. Since then, the property has been diligently maintained and kept free of weeds. Additionally, I am currently in the process of getting a remodel permit and plan to lay a new driveway in the coming months, which will further improve the property's upkeep and appearance. Given these circumstances, I kindly request that the town consider this as a one-time issue and exclude my property from the weed abatement program. I assure you that I am committed to maintaining the property in accordance with town regulations and standards moving forward. Thank you for your understanding and consideration. I look forward to your favorable response. Sincerely, Sundar Swaminathan Redacted