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Staff Report Hazardous BrushPREPARED BY: MATT MORLEY DIRECTOR OF PARKS AND PUBLIC WORKS Reviewed by: Assistant Town Manager Town Attorney Finance N:\SHARE\COUNCIL REPORTS\2016\08-02-16\07 Weeds\FINAL Staff Report - Abatement of Hazardous Vegetation.docx V1 MM 7/27/2016 10:01 AM 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