14 Staff Report - Public Hearing Abatement of Hazardous Vegetation (Weeds)pow" 0 MEETING DATE: 8/7/06
ITEM NO:
zoo "°os COUNCIL AGENDA REPORT
DATE: JULY 24, 2006
TO: MAYOR AND TOWN COUNCIL
FROM: DEBRA J. FIGONE, TOWN MANAGER U
SUBJECT: -PUBLIC HEARING - ABATEMENT OF HAZARDOUS VEGETATION
(WEEDS)
A. CONDUCT PUBLIC HEARING TO CONSIDER THE REPORT OF THE
COUNTY AGRICULTURAL COMMISSIONER'S OFFICE (AVAILABLE
IN THE CLERK DEPARTMENT) ON THE ABATEMENT OF
HAZARDOUS VEGETATION (WEEDS) FOR THE 2005-2006 SEASON.
B. ADOPT RESOLUTION APPROVING SAID REPORT (AVAILABLE IN
THE CLERK DEPARTMENT)
RECOMMENDATION:
1. Conduct public hearing to consider the report of the County Agricultural Commissioner's
Office (available in the Clerk Department) on the abatement of hazardous vegetation (weeds)
for the season 2005-2006 season.
2. Adopt resolution approving said report (available in the Clerk Department).
BACKGROUND:
Hazardous Vegetation (weeds) poses a serious fire danger during the summer months and should
be controlled by individual property owners. To ensure that hazardous vegetation (weeds) is
eliminated, the Town Council established a Hazardous Vegetation (Weed) Abatement Program
in cooperation with the Santa Clara County Agricultural Commissioner's Office. This program,
which is similar to those in neighboring jurisdictions, is modeled after the Town's nuisance
abatement process. It begins each year in late fall with the adoption of a resolution declaring
hazardous vegetation (weeds) to be a public nuisance, and ends the following summer with a
public hearing to confirm charges against properties on which weeds were abated by the
County's contractor40ilor PREPARED BY: HN E. CURTIS
rectof Parks and Public Works
NAB &E\COUNCIL REPORMweeds.8706.doc
Reviewed by: Assistant Town Manager Town Attorney
Clerk Administrator Finance Community Development
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: PUBLIC HEARING - ABATEMENT OF HAZARDOUS VEGETATION
WEEDS
JULY 24, 2006
DISCUSSION:
Earlier this year, the County Agricultural Commissioner's Office inspected properties in the
Town and notified the owners of those on which hazardous vegetation (weeds) was observed to
remove the weeds in accordance with fire safety standards. Properties not cleared by the owners
before a specified date were subsequently cleared by a contractor hired by the County
Agricultural Commmissioner's Office. Questions related to the work performed and the cost of
said work should be directed to:
Moe Kumre, Program Coordinator
Hazardous Vegetation Management
County of Santa Clara County
Department of Agriculture
and Resource Management
1553 Berger Drive - Building 41
San Jose, CA 95112
(408) 282-3123
Upon completion of the work, the Office of the County Agricultural Commissioner prepares a
report documenting the properties that were cleared and the costs for administering and
performing the work. The report is then filed with the Town for review and approval at a public
hearing. Once approved, the report is filed with the County Tax Collector for placement of the
charges on the ensuing property tax roll.
CONCLUSION:
The 11 properties identified in the 2005-2006 report (available in the Cleric Department) have
benefited from the Hazardous Vegetation (Weed) Abatement Program by virtue of the County
Agricultural Commissioner's Office removing the hazardous vegetation (weeds) on these.
properties. The property owners should, therefore, be charged for the cost of removing hazardous
vegetation (weeds) under the program.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT:
None for the Town. The County's costs to administer and carry out the program are recovered
via the charges levied against the properties served by the program.
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: PUBLIC HEARING - ABATEMENT OF HAZARDOUS VEGETATION
(WEEDS)
JULY 24, 2006
Attachments:
Resolution adopting report (available in the Clerk Department)
Distribution:
Greg Van `Vassernhove, Agrici,itttral Commissioner, County of Santa Clara Department of
Agriculture and Resource Management, Division of Hazardous Vegetation, 1553 Berger Drive,
Building #1, San Jose, CA 95112
Moe Kumre, Program Coordinator, County of Santa Clara Department of Agriculture and
Resource Management, Division of Hazardous Vegetation, 1553 Berger Drive, Building #1, San
Jose, CA 95112
Special Distribution (list of assessed property owners)
RESOLUTION
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 THE FISCAL YEAR 2005-06
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 H, Sections 11.20.010. through
11.20.045. of the Los Gatos Town Code; and
WHEREAS, pursuant thereto, Resolution No. 2005-120 declaring weeds a public
nuisance and providing for their abatement, was adopted by the Town Council on November 21,
2005;and
WHEREAS, pursuant to notice duly and regularly given, the public hearing was held
with respect thereto on January 17, 2006, at which time Resolution No. 2006-008, 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 Clerk Administrator 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 Clerk Administrator has set the 7th day of August, 2006, 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.
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 7th day of August, 2006, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA