Staff Report
PREPARED BY: MATT MORLEY
Director of Parks and Public Works
Reviewed by: 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: 11/15/2016
ITEM NO: 4
DATE: NOVEMBER 3, 2016
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 17, 2017 AS THE PUBLIC HEARING DATE FOR THIS ANNUAL
PROGRAM.
C. AUTHORIZE THE TOWN MANAGER TO EXECUTE AN EIGHTH AMENDMENT TO
THE AGREEMENT WITH THE COUNTY OF SANTA CLARA FOR THE ABATEMENT
OF WEEDS.
RECOMMENDATION:
1. Adopt a resolution (Attachment 1) declaring hazardous vegetation (weeds) a public
nuisance and providing for their abatement.
2. Set January 17, 2017 as the public hearing date for this annual program.
3. Authorize the Town Manager to execute an eighth amendment to the agreement with the
County of Santa Clara (Attachment 2) for the abatement of weeds.
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
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SUBJECT: HAZARDOUS VEGETATION ABATEMENT (WEEDS)
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BACKGROUND (Cont’d):
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.
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 17, 2017, 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 14, 2017 to abate their properties.
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. In FY 2015/16, the Los
Gatos parcels equaled 2.8% of the total parcels serviced in all participating agencies. Based on
this percentage, the estimated cost for the FY 2015/16 Weed Abatement Program for Los Gatos
was $14,680. The County fully recovered all costs from parcel owners in all agencies in FY
2015/16.
The County intends to manage the program as cost recovery. To ensure this continues, the
County has increased the inspection fees charged to property owners and will evaluate the
level of fees annually. Due to the rising costs to administer the program and because the fees
are based on a forecast of the number of inspections and abatements necessary , there is a
potential for shortfalls in the future.
In light of potential shortfalls, the Eight Amendment to Agreement (Attachment 2) contains
additional language which states, “If the amount recovered by the County is inadequate to
cover its operational costs, the agency agrees to pay the County for any shortfall for weed
abatement in its jurisdiction within sixty (60) days of demand by the County, which will be
accompanied by a statement of the County’s weed abatement costs.” Based on the size of the
program, Town staff would expect less than $1,000 in annual costs, if any. If those costs
materialize, staff would work with the County to adjust the program fees for the following year.
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DISCUSSION (cont’d):
A schedule of the upcoming Weed Abatement Program is as follows:
November, 2016 The Santa Clara County Department of Agriculture and Environmental
Management prepares a list of properties requiring abatement.
December 6, 2016 Town Council passes a Resolution (Attachment 1) declaring hazardous
vegetation (weeds) a nuisance and sets a public hearing for January 17,
2017.
December 7, 2016 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
17, 2017 public hearing.
December 7, 2016 Clerk Administrator submits to the Los Gatos Weekly a legal ad for
publishing titled, "Notice of January 17, 2017 Public Hearing to Destroy
Hazardous Vegetation (Weeds) and Notice of Passage of Resolution”
(Attachment 2). (Publish dates: December 9, 2016 and December 16,
2016.) The notices inform property owners that objections to properties
on the Abatement List can be made at the January 17 th public hearing.
January 17, 2017 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 14, 2017 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.
June 21, 2017 Clerk Administrator submits legal ad for “Notice of August 1, 2017 Public
Hearing for Town Council to hear protests to proposed charges.” (Publish
dates: July 7, 2017 and July 14, 2017.)
August 1, 2017 Town Council public hearing on any proposed hazardous veg etation
(weed) abatement charges with Council resolution confirming or
modifying assessments.
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DISCUSSION (cont’d):
August 2, 2017 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 17, 2017 as the public hearing date for this annual program.
3. Authorize the Town Manager to execute an Eighth Amendment to the Agreement
(Attachment 2) with the County of Santa Clara for the abatement of weeds.
ALTERNATIVES:
This program is run effectively by the County, provides a great service, and is of value to the
Town. The total program cost for Los Gatos parcels in FY 2015/16 was $14,680. If the Town
chooses not to continue with the County, the County will be relieved of all obligations to
perform the services under the agreement. The Town does not currently have the budgeted
resources to provide the services required for this program.
FISCAL IMPACT:
Funds are provided in the FY 2016/17 Operating Budget to cover the cost of publishing all
required legal notices. The Town will continue to work with the County to modify the business
model and fee schedule.
ENVIRONMENTAL ASSESSMENT
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Resolution Declaring Hazardous Vegetation (Weeds) a Public Nuisance
2. Eighth Amendment to the Agreement
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SUBJECT: HAZARDOUS VEGETATION ABATEMENT (WEEDS)
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Distribution:
Amy Brown, Director of Consumer and Environmental Protection Agency, County of Santa
Clara, 1553 Berger Drive, San Jose, CA 95112
Moe Kumre, Manager, Consumer and Environmental Protection Agency, County of Santa Clara,
1553 Berger Drive, San Jose, CA 95112
ATTACHMENT 1
RESOLUTION 2016-
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 11.20.010 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.
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 11.20.020(c).
BE IT FURTHER RESOLVED that on the 17th day of January, 2017, at a meeting of
the Town Council beginning at 7:00 p.m. in the Council Chambers of the Civic Center, 110 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 15th day of November, 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