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Staff Report PREPARED BY: MATT MORLEY Director of Parks and Public Works 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: 12/04/2018 ITEM NO: 3 DATE: NOVEMBER 29, 2018 TO: MAYOR AND TOWN COUNCIL FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: HAZARDOUS VEGETATION ABATEMENT (WEEDS) A. ADOPT A RESOLUTION DECLARING WEEDS A PUBLIC NUISANCE AND PROVIDING FOR THEIR ABATEMENT. B. SET JANUARY 15, 2019 AS THE PUBLIC HEARING DATE FOR THIS ANNUAL PROGRAM. RECOMMENDATION: After opening and closing the public hearing, staff recommends that the Town Council consider: 1. Adopting a resolution (Attachment 1) declaring hazardous vegetation (weeds) a public nuisance and providing for their abatement. 2. Setting January 15, 2019 as the public hearing date for this annual program. BACKGROUND: Hazardous vegetation (weeds) pose a fire threat during the summer months and it is the individual property owner’s responsibility to control them. To eliminate hazardous vegetation (weeds), the Town adopted a Hazardous Vegetation (We ed) Abatement Program (Town Code Chapter 11, Article II). Since 1978, the Town’s Hazardous Vegetation Abatement of Weeds Program has been administered through a contract with Santa Clara County. The County’s Department of Agriculture and Environmental Management (Weed Abatement Division) identifies properties in Los Gatos with hazardous vegetation and/or weeds and notifies the property owners. The property owners are given a specific timeline to remove the vegetation, and if they do not, a contractor selected by the County removes the vegetation. The cost for the abatement is then passed on to the owner as an assessment on their property tax bill. PAGE 2 OF 3 SUBJECT: HAZARDOUS VEGETATION ABATEMENT (WEEDS) NOVEMBER 29, 2018 C:\Users\cgonzales\Desktop\Staff Report.docx 11/29/2018 12:02 PM SH DISCUSSION: Parcels throughout the Town that represent a potential hazard due to weeds or combustible materials have been added to a Weed Abatement Program list maintained by the County. The attached resolution represents the first step in the Town of Los Gatos’ Hazardous Vegetation Abatement Program process and declares the vegetation or debris on these properties as being a potential hazard and public nuisance. A public hearing will be held on January 15, 2019 for the Council to consider the Weed Abatement Program Commencement Report and order the abatement of hazardous vegetation for the listed parcels. A schedule of the upcoming Weed Abatement Program is as follows: November 2018 The Santa Clara County Department of Agriculture and Environmental Management prepares a list of properties requiring abatement. December 4, 2018 Town Council passes a Resolution (Attachment 1) declaring hazardous vegetation (weeds) a nuisance and sets a public hearing for January 15, 2019. December 7, 2018 The Santa Clara County Department of Agriculture and Environmental Management sends property owners a notice to abate weeds and of the time and place of the January 15, 2019 public hearing. December 2018 Town Clerk submits a legal publication to the Los Gatos Weekly to advertise for the January 15, 2019 public hearing. January 15, 2019 Public Hearing - Town Council conducts a public hearing and considers the Weed Abatement Program Commencement Report and orders abatement of hazardous vegetation (weeds). April 2019 Department of Agriculture and Environmental Management begins to inspect Los Gatos properties. Properties which have not been cleared of hazardous vegetation will be abated by a contractor for the Department of Agriculture and Environmental Management for an additional fee. PAGE 3 OF 3 SUBJECT: HAZARDOUS VEGETATION ABATEMENT (WEEDS) NOVEMBER 29, 2018 C:\Users\cgonzales\Desktop\Staff Report.docx 11/29/2018 12:02 PM SH DISCUSSION (continued): June 2019 Town Clerk submits a legal publication to the Los Gatos Weekly to advertise for the August 6, 2019 public hearing. August 6, 2019 Town Council conducts a public hearing to consider the 2019 Weed Abatement Program Assessment Report and adopts a resolution to confirm the report and authorize collection of the assessment charges. August 7, 2019 Town Clerk files a confirmed report of parcel charges to the County Office of the Assessor to enter on the County tax roll as a special assessment. CONCLUSION: After opening and closing the public hearing, staff recommends that the Town Council consider : 1. Adopting a resolution (Attachment 1) declaring hazardous vegetation (weeds) a public nuisance and providing for their abatement. 2. Setting January 15, 2019 as the public hearing date for this annual program. 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. Funds are provided in the FY 2018/19 Operating Budget to cover the cost of publishing all required legal notices. ENVIRONMENTAL ASSESSMENT: This is not a project defined under CEQA, and no further action is required. Attachment: 1. Resolution Declaring Hazardous Vegetation (Weeds) a Public Nuisance and Providing for their Abatement Distribution: Moe Kumre, Manager, Consumer and Environmental Protection Agency, County of Santa Clara, 1553 Berger Drive, San Jose, CA 95112