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Staff Report - Weed Abatement 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: 11/21/2017 ITEM NO: 5 DATE: NOVEMBER 9, 2017 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 16, 2018 AS THE PUBLIC HEARING DATE FOR THIS ANNUAL PROGRAM. RECOMMENDATION: 1. Adopt a resolution (Attachment 1) declaring hazardous vegetation (weeds) a public nuisance and providing for their abatement. 2. Set January 16, 2018 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 (Weed) 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 9, 2017 S:\COUNCIL REPORTS\2017\11-21-17\Weed Abatement\Staff Report - Weed Abatement.docx 11/16/2017 2:16 PM SH DISCUSSION: Parcels throughout the Town that represent a potential hazard due to weeds or combustible materials have been added to an 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. During the public hearing on January 16, 2018, the Council will be asked to approve the Weed Abatement Program. If approved, the County will be authorized to perform an inspection of properties on the abatement list to determine if the property has met Weed Abatement Program requirements. Property owners will have until April 13, 2018 to abate their properties. A schedule of the upcoming Weed Abatement Program is as follows: November 2017 The Santa Clara County Department of Agriculture and Environmental Management prepares a list of properties requiring abatement. November 21, 2017 Town Council passes a Resolution (Attachment 1) declaring hazardous vegetation (weeds) a nuisance and sets a public hearing for January 16, 2018. December 8, 2017 The Santa Clara County Department of Agriculture and Environmental Management sends notice to property owners to abate the hazardous vegetation (weeds), and notifies owners of time and place of the January 16, 2018 public hearing. December 2017 Clerk Administrator submits a legal ad to the Los Gatos Weekly for publishing titled, "Notice of January 16, 2018 Public Hearing to Destroy Hazardous Vegetation (Weeds) and Notice of Passage of Resolution”. January 16, 2018 Public Hearing - Town Council hears protests and passes resolution allowing or overruling objections and ordering abatement as appropriate and specifying the method for abatement. April 13, 2018 Department of Agriculture and Environmental Management starts 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. PAGE 3 OF 3 SUBJECT: HAZARDOUS VEGETATION ABATEMENT (WEEDS) NOVEMBER 9, 2017 S:\COUNCIL REPORTS\2017\11-21-17\Weed Abatement\Staff Report - Weed Abatement.docx 11/16/2017 2:16 PM SH DISCUSSION (cont’d): June 2018 Clerk Administrator submits a legal ad to the Los Gatos Weekly for publishing titled, “Notice of August 7, 2018 Public Hearing for Town Council to hear protests to proposed charges.” August 7, 2018 Town Council public hearing on proposed hazardous vegetation (weed) abatement charges with Council resolution confirming or modifying assessments. August 8, 2018 Clerk Administrator shall file 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: Staff recommends that the Town Council: 1. Adopt resolution (Attachment 1) declaring hazardous vegetation (weeds) a public nuisance and providing for their abatement. 2. Set January 16, 2018 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 2017/18 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 Distribution: Moe Kumre, Manager, Consumer and Environmental Protection Agency, County of Santa Clara, 1553 Berger Drive, San Jose, CA 95112