Staff Report Hazardous BrushPREPARED BY: MATT MORLEY
DIRECTOR OF PARKS AND PUBLIC WORKS
Reviewed by: Assistant Town Manager Town Attorney Finance
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MEETING DATE: 08/02/16
ITEM NO: 7
COUNCIL AGENDA REPORT
DATE: JULY 20, 2016
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: CONSIDER THE 2016 WEED ABATEMENT PROGRAM ASSESSMENT REPORT
FROM THE COUNTY OF SANTA CLARA CONSUMER AND ENVIRONMENTAL
PROTECTION AGENCY AND ADOPT A RESOLUTION CONFIRMING THE
REPORT AND AUTHORIZING COLLECTION OF THE ASSESSMENT CHARGES
RECOMMENDATION:
After opening and closing the public hearing, it is recommended that the Town Council consider the
2016 Weed Abatement Program Assessment Report from the County of Santa Clara Consumer and
Environmental Protection Agency (Attachment 1) and adopt a resolution (Attachment 2) confirming the
report and authorizing collection of the assessment charges.
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 Consumer and Environmental Protection
Agency (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
MAYOR AND TOWN COUNCIL
SUBJECT: CONSIDER THE 2016 WEED ABATEMENT PROGRAM ASSESSMENT REPORT
FROM THE COUNTY OF SANTA CLARA CONSUMER AND ENVIRONMENTAL
PROTECTION AGENCY AND ADOPT A RESOLUTION CONFIRMING THE
REPORT AND AUTHORIZING COLLECTION OF THE ASSESSMENT CHARGES
JULY 20, 2016
BACKGROUND (cont’d):
On December 1, 2015, the Town Council passed Resolution 2015-065 (Attachment 3) declaring
hazardous vegetation (weeds) a public nuisance, providing for their abatement, and set January 19, 2016
as the public hearing date for the annual program.
Following the January 19, 2016 meeting, the property owners listed on the commencement report were
notified by the County of Santa Clara informing them of the deadline to abate the weeds. Property
owners were given the option of maintaining their parcels prior to the specified deadline or requesting
the county contractor to perform the weed abatement, adding the charges to their property tax bill.
DISCUSSION:
The 2016 Weed Abatement Assessment Report (Attachment 1) lists the 100 property owners who have
benefitted from the Weed Abatement Program by virtue of the County removing the hazardous
vegetation on these properties and the report includes an assessment of the costs for administering and
performing the work. The Town of Los Gatos mailed property owners a notice of the August 2, 2016
Public Hearing for the Los Gatos jurisdiction, along with the assessment charges.
The attached resolution affirms these costs and acknowledges the costs will be assessed by the County
Tax Collector against the respective properties.
CONCLUSION:
After opening and closing the public hearing, it is recommended that the Town Council consider the
2016 Weed Abatement Program Assessment Report from the County of Santa Clara Consumer and
Environmental Protection Agency (Attachment 1) and adopt a resolution (Attachment 2) confirming the
report and authorizing collection of the assessment charges.
COORDINATION:
This program has been coordinated with the Santa Clara County Consumer and Environmental
Protection Agency’s Weed Abatement Division.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT:
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: CONSIDER THE 2016 WEED ABATEMENT PROGRAM ASSESSMENT REPORT
FROM THE COUNTY OF SANTA CLARA CONSUMER AND ENVIRONMENTAL
PROTECTION AGENCY AND ADOPT A RESOLUTION CONFIRMING THE
REPORT AND AUTHORIZING COLLECTION OF THE ASSESSMENT CHARGES
JULY 20, 2016
Funds are provided in the 2016/17 Budget (Program 5101) to cover the cost of publishing the legal
notices. The County’s cost to administer and carry out the program are recovered through the tax roll
assessment charges levied against the affected properties.
Attachments:
1. 2016 Weed Abatement Program Assessment Report from the County of Santa Clara.
2. Resolution 2016-XX Confirming the Report and Authorizing Collection of the Assessment Charges.
3. Resolution 2015-065 Declaring Hazardous Vegetation (Weeds) a Public Nuisance and Providing for
their Abatement.
ATTACHMENT 2
RESOLUTION 2016-
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 2015/16
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. 20165-065 declaring weeds a public
nuisance and providing for their abatement, was adopted by the Town Council on December 1,
2015; and
WHEREAS, pursuant to notice duly and regularly given, the public hearing was held
with respect thereto on January 19, 2016, 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 2nd day of August, 2016, 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 2nd day of August, 2016, 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
RESOLUTION 2015 -065
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
DECLARING HAZARDOUS VEGETATION (WEEDS) A PUBLIC NUISANCE AND
PROVIDING FOR THEIR ABATEMENT
WHEREAS, Section 39501 and Section 39502 of the Government Code of the State of
California authorize 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 his 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 2, Sections 11.20.0 10 through 11.20.045 of the Los Gatos Town
Code.
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Los
Gatos, County of Santa Clara, State of California, 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 private property within the Town of Los Gatos, and declares that all hazardous
vegetation (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 hazardous vegetation (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 his representative, whichever time shall be later, as
provided in Chapter 11, Article 2, 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 hazardous vegetation (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.
1 of 2
Resolution 2015 -065 December 1, 2015
BE IT FURTHER RESOLVED that the Director shall execute a "Notice to Destroy
Hazardous Vegetation (Weeds)" in the form set forth in Section 11.20.020(b) and shall cause
same to be published and posted in the manner prescribed by Section I 1.20.020(c).
BE IT FURTHER RESOLVED that on the 19'1' day of January, 2016, at a meeting of
the Town Council beginning at 7:00 p.m. in the Council Chambers of the Civic Center, I10 E.
Main Street, Los Gatos, California, 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 hazardous vegetation (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 held on the 1" day of December 2015 by the following vote:
COUNCIL MEMBERS:
AYES: Marcia Jensen, Steve Leonardis, Rob Rennie, Marico Sayoc, Mayor Barbara Spector
NAYS:
ABSENT: - - — - --- -)
ABSTAIN:
IVM OR OF € F LOS GATOS
LOS GA CALIFORNIA
ATTEST: DATE: • i
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GA C'S. CALIFORNIA
2 of 2
Resolution 2015 -065 December 1, 2015