Loading...
02 Weed Abatement PREPARED BY: Nicolle Burnham Parks and Public Works Director Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 12/02/2025 ITEM NO: 2 DATE: December 2, 2025 TO: Mayor and Town Council FROM: Chris Constantin, Town Manager SUBJECT: Adopt a Resolution Declaring Weeds a Public Nuisance, Ordering Such Nuisance to be Abated, and Setting a Public Hearing Date of February 3, 2026, to Consider Objections to the Proposed Abatement RECOMMENDATION: Adopt a resolution declaring weeds a public nuisance, describing properties where such nuisance exists, ordering such nuisance be abated, and setting a public hearing date of February 3, 2026, to consider objections to the proposed abatement. FISCAL IMPACT: The County’s Weed Abatement Program administers services for 13 local agencies under a cost recovery model, paid for by fees imposed on the parcel owners. The estimated program cost related to each agency is based on the number of parcels per agency. Should the funding from the assessments fall short of the total program cost, the Town will be billed for a pro-rata share of the program such that the County achieves full cost recovery. If the County needs to request additional funds, this would be absorbed in the Parks and Public Works Fiscal Year 2025/26 Operating Budget. The Fiscal Year 2025/26 Operating Budget has sufficient funds to cover the cost of publishing all required legal notices (1115101-62306). STRATEGIC PRIORITY: The actions in this report support the Strategic Priority of Public Safety by reducing wildfire risk. BACKGROUND: The Town of Los Gatos Municipal Code Chapter 11, Article II, requires property owners to prevent potential fire hazards on their property and any nearby structures by clearing hazards. PAGE 2 OF 3 SUBJECT: Define Weeds as a Nuisance and Set a Public Hearing Date of February 3, 2026 DATE: December 02, 2025 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 reducing fire hazards created by vegetation growth and the accumulation of combustible debris, with the goal of voluntary compliance. The Program is administered by the County of Santa Clara (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 is 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 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 placed in the Program, it will remain until it displays 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 to confirm if the property has been cleared of hazards according to the requirements defined in the Santa Clara County Weed Abatement Program (https://weedabatement.santaclaracounty.gov/home). 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. DISCUSSION: The Weed Abatement program process is recapped below. The proposed action represents Step 2 of the annual Weed Abatement Program cycle, during which the Town declares hazardous vegetation a nuisance and sets the public hearing date. 1. Each November, the County prepares a Commencement Report listing all properties that have been identified and provides it to the Town (Exhibit A to Attachment 1). 2. In December, the Town Council adopts a resolution declaring weeds on such properties listed in the Commencement Report a public nuisance and sets a hearing date to consider objections to the proposed abatement. 3. Once the resolution is adopted by Town Council at the December meeting, the County sends notice to property owners on the report notifying them of the hearing date, along with guidelines on the Weed Abatement Program explaining that they must remove weeds by the abatement deadline, or it will be done for them, and the cost of the abatement plus administrative costs will be assessed by the County Tax Collector against the respective property. 4. The Town Council holds a public hearing (in 2026, this hearing will be in February) to consider objections to the proposed abatement, sets a deadline for compliance, and adopts a resolution ordering abatement. PAGE 3 OF 3 SUBJECT: Define Weeds as a Nuisance and Set a Public Hearing Date of February 3, 2026 DATE: December 02, 2025 5. The County sends a courtesy letter to property owners on the report notifying them again of the abatement deadline. 6. After the hearing, the properties are inspected by the County Weed Abatement Inspector to verify that weeds were removed. Abatement commences if the inspection fails. The County creates an assessment report of all costs associated with the abatement and provides that report to the Town in late June. 7. In July, the Town notifies the property owners in the assessment report of the August public hearing date. 8. At the first August Town Council meeting, a public hearing is held to consider objections and adopt a resolution confirming the assessment report, authorizing the collection of the assessment charges. County staff has notified the Town that, after June 30, 2026, they anticipate needing to charge the Town of Los Gatos an estimated $20,338 for Weed Abatement Program services. Staff will continue to work with the County to refine the cost projection, and Parks and Public Works will add this projected expense to the proposed Fiscal Year 2026-27 Operating Budget. CONCLUSION: Staff recommends that the Town Council adopt the necessary resolution (Attachment 1) to declare weeds growing on identified properties in the Town of Los Gatos to be a public nuisance and order their abatement. Adoption of the resolution will establish a public hearing date of February 3, 2026, to consider objections to the proposed abatement. COORDINATION: This program has been coordinated with the Santa Clara County Consumer and Environmental Protection Agency (CEPA) - Weed Abatement Program. ENVIRONMENTAL ASSESSMENT: In accordance with CEQA Guidelines Section 15304, the Town’s weed abatement program is categorically exempt as a minor alteration to land. Attachments: 1. Resolution for the 2026 Town of Los Gatos Weed Abatement Program with Exhibit A – Commencement Report Page 1 of 2 Draft Resolution December 2, 2025 ATTACHMENT 1 DRAFT RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DECLARING WEEDS A PUBLIC NUISANCE, DESCRIBING PROPERTIES WHERE SUCH NUISANCE EXISTS; ORDERING THE ABATEMENT OF SUCH NUISANCE; AND SETTING A PUBLIC HEARING DATE OF FEBRUARY 3, 2026, TO CONSIDER OBJECTIONS FOR PROPOSED ABATEMENT WHEREAS, Section 39501 and Section 39502 of the Government Code of the State of California authorizes 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 owner’s 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 II, 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 certain private property within the Town of Los Gatos as presented in Exhibit A, and declares that 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 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 their representative, whichever time shall be later, as provided in Chapter 11, Article II, 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 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. Page 2 of 2 Draft Resolution December 2, 2025 ATTACHMENT 1 BE IT FURTHER RESOLVED that the Town Engineer shall execute a "Notice to Destroy Weeds" in the form set forth in Section 11.20.020(b) and shall cause the same to be published and posted in the manner prescribed by Section 11.20.020(c). BE IT FURTHER RESOLVED that on the 3rd day of February 2026 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, and via Teleconference, 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 weeds will be heard and given due consideration. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the ______ day of __________, 2025 by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: _______________________________ MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: ___________________________________ TOWN CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA SitusAPN2026 WEED ABATEMENT PROGRAMLOS GATOSCOMMENCEMENT REPORT831POLLARDRD406-26-0111CALLE409-04-0492CALLE409-04-0523WEDGEWOODAV409-08-001417351WEDGEWOODAVE409-14-017514344LA RINCINADADR409-14-019614330LADR409-14-020714341BROWNSLN409-14-035817631WEDGEWOODAVE409-17-0109103SPORLEDERCT409-24-03510109SPORLEDERCT409-24-03611110SPORLEDERCT409-24-03712104SPORLEDERCT409-24-0381314810CLARAST409-25-0301414821GOLF LINKSDR409-27-0051514885LA RINCINADADR409-32-0041614635GOLF LINKSDR409-46-02517215DRAKES BAYAV421-27-0181816245BURTONRD424-06-11519BURTONRD424-06-1162014823LOS GATOSBL424-07-0652114990TERRENO DELN424-10-0042214926LOS GATOSBL424-10-0092314911NATIONALAVE424-10-05824Page 1Santa Clara County Weed Abatement Program24 records of 80EXHIBIT A SitusAPN2026 WEED ABATEMENT PROGRAMLOS GATOSCOMMENCEMENT REPORTExhibit A142LESTERLN424-13-0612516171SUN RAYDR424-19-0702615710WINCHESTERBLV424-27-0132717094SUMMITWY424-30-03728WOODRD510-46-00629WOODRD510-46-00730110WOODRD510-47-03831138WOODRD510-47-04432148HILLBROOKDR523-11-01833120HILLBROOKDR523-11-0253415839DEL CERROCT523-24-03635UNIONAVE523-42-0113672DRYSDALEDR527-02-00737101DRYSDALEDR527-04-0083815777SHADYLN527-05-0053915980SHORTRD527-06-00940CAMINO DEL41CAMINO DEL4216065CAMINO DEL527-08-001527-08-002527-08-0034316045CAMINO DEL527-08-0094415626FRANCIS OAKSWA527-10-0024515401FRANCIS OAKSWA527-11-0034616300GREENRIDGETR527-12-0034715460FRANCIS OAKS WA 527-13-005 48Page 2Santa Clara County Weed Abatement Program48 records of 80 SitusAPN2026 WEED ABATEMENT PROGRAMLOS GATOSCOMMENCEMENT REPORTExhibit A16084GREENRIDGETER527-15-00249401SURMONTDR527-20-00250110BELVALEDR527-30-02051125BELVALEDR527-30-02852175BELWOODGAT527-30-0325314841BLOSSOM HILLRD527-42-00354310SANTA ROSADR527-55-03655615BLOSSOM HILLRD529-16-02656401ALBERTOWY529-23-0185730RESERVOIRRD529-29-0665839RESERVOIRRD529-33-0225963HIGHLANDAVE529-36-04460140FOSTERRD529-37-01561TOURNEYRD529-39-0476216461KENNEDYSRD532-17-0276316481KENNEDYSRD532-17-02864150BROOKEDR532-18-0396517511PHILLIPSAV532-39-0096617435PHILLIPSAVE532-39-0136715310KENNEDYRD537-15-00168233FORRESTERRD537-21-01069135WOODED VIEW537-23-0427015876SHANNONRD537-26-0097115780SHANNONRD537-26-01672Page 3Santa Clara County Weed Abatement Program72 records of 80 SitusAPN2026 WEED ABATEMENT PROGRAMLOS GATOSCOMMENCEMENT REPORTExhibit A15760SHANNONRD537-26-01873209FORRESTERRD537-28-0057415975CERRO VISTADR537-30-0077516380HARWOODRD567-18-0687616220HARWOODRD567-18-07677104ALMONDLN567-18-07778Page 4Santa Clara County Weed Abatement Program80 records of 8079 15470 SANTELLA DR 527-12-01080 16510 KENNEDY RD 532-17-025 PREPARED BY: Nicolle Burnham Parks and Public Works Director Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 12/02/2025 ITEM NO: 2 ADDENDUM DATE: December 2, 2025 TO: Mayor and Town Council FROM: Chris Constantin, Town Manager SUBJECT: Adopt a Resolution Declaring Weeds a Public Nuisance, Ordering Such Nuisance to be Abated, and Setting a Public Hearing Date of February 3, 2026, to Consider Objections to the Proposed Abatement RECOMMENDATION: Adopt a resolution declaring weeds a public nuisance, describing properties where such nuisance exists, ordering such nuisance be abated, and setting a public hearing date of February 3, 2026, to consider objections to the proposed abatement. REMARKS: Attachment 2 includes public comment received before 11:00 AM on Monday, December 1, 2025. Attachment (Provided with Original Report): 1. Resolution for the 2026 Town of Los Gatos Weed Abatement Program with Exhibit A – Commencement Report Attachment (Provided with This Addendum): 2. Public Comment Received Prior to 11:00 AM on Monday, December 1, 2025 From:Robin Hood To:Clerk Cc:Council Subject:Public Comment Item # 2 Date:Monday, December 1, 2025 10:46:09 AM [EXTERNAL SENDER] To whom it may concern, Re: Town Council meeting 12/2/25 @ 7 pm - Item # 2Declaring Weeds a Public Nuisance umm… are we talking people here or actual weeds? .. as um .. I am coming from a person who helps maintain aneasement that this town is trying to .. um .. commandeer .. from a utility company .. um .. and I had filed a classaction lawsuit.. um .. to try and stop.. concerning children safety issues .. and now I see this .. subject matter … with that said, the Town owns part of this easement outside the fenced off PG&E property.. and I have over theyears had to weed whack and maintain a driveway for access roadway because… a Neighbor I call Santa (because he looks like Santa and has claimed to have live there .. longer than I was alive.. and has a permit to use of easement .. ) has called and complained many times of weeds to the gateway access to theTown … which can take up to a month later to have it weeded.. as they try and do it once a year. (I am notcomplaining as I use this easement along with Santa and don’t mind being a bum) um .. I am not going to get into an argument here, but you guys have already cut the budget on .. subject matters..and I believe if investigated .. overpay for cost to maintain such weeds / vegetation .. along roadways uh .. might beknown as the “ devils strip” as the the homeowner works the land and towns and cities claim to own that land.. youknow.. There are probably enough ways to enforce such on the book now.. Um .. don’t waist the time or resources on this issue please Sincerely, Gus Who ATTACHMENT 2