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09 Staff Report PREPARED BY: Stefanie Hockemeyer Executive Assistant, Parks and Public Works Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Parks and Public Works Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 01/21/2020 ITEM NO: 9 DATE: January 15, 2020 TO: Mayor and Town Council FROM: Laurel Prevetti, Town Manager SUBJECT: Open and Close a Public Hearing to Consider Objections to the Proposed Abatement of Hazardous Vegetation (Weeds) for Properties Listed on the 2020 Weed Abatement Program Commencement Report and Order the Abatement RECOMMENDATION: Open and close a Public Hearing to consider objections to the proposed abatement of hazardous vegetation (weeds) for properties listed on the 2020 Weed Abatement Program Commencement Report (Attachment 1) and order the abatement. BACKGROUND: Chapter 11, Article II, Section 11.20.015 of the Town of Los Gatos Municipal Code requires property owners to remove or destroy weeds on their property for fire protection. On November 5, 2019, the Town Council adopted amendments to Chapter 11 to expand the definition of weeds to include other dead vegetation, fallen limbs, and combustible trash on private property and add additional language to clarify and strengthen the Town’s weed abatement program. The weed abatement process is in place to notify the property owners of this responsibility, authorize the County to remove the weeds if the property owner does not, and allow the County to recover the costs of the abatement. The primary objective of the program is voluntary compliance. The weed abatement program is administered through a contract with the Santa Clara County Department of Agriculture and Environmental Management (County). PAGE 2 OF 3 SUBJECT: Open and Close a Public Hearing to Consider Objections to the Proposed Abatement of Hazardous Vegetation (Weeds) for Properties Listed on the 2020 Weed Abatement Program Commencement Report and Order the Abatement DATE: January 15, 2020 DISCUSSION: On December 3, 2019, the Town Council passed Resolution 2019 -060 (Attachment 2) declaring weeds to be a public nuisance and set a hearing date of January 21, 2020 to consider objections for proposed removal and to order the abatement. This public hearing is an opportunity to consider objections from property owners with the proposed abatement. On December 13, 2019, the County mailed informational weed abatement program packets to all property owners, including the schedule and price list (Attachment 3). The weed abatement process consists of eight steps that begin in November and go through August of each year. Currently the process is at Step 4 on the list as illustrated below. 1. When properties are identified as having hazardous weeds, they are placed in the program, monitored, and must be compliant for three consecutive years in order to be removed from the program. County prepares a report of all properties that have been ident ified and provides the report to the Town (Attachment 1) (November). 2. Town Council adopts resolution declaring weeds a nuisance and sets a hearing date to hear objections by property owners to having their property listed on the report (Attachment 2) (December). 3. County sends notice to property owners on the report notifying them of the hearing date, along with guidelines on the Weed Abatement Program explaining that they must remove weeds by the abatement deadline or it will be done for them and the cost o f the abatement plus administrative costs will be assessed by the County Tax Collector against the respective property (Attachment 3) (December). 4. Town Council holds a public hearing to consider objections by property owners and orders abatement (January). 5. County sends a courtesy letter to property owners on the report notifying them again of the abatement deadline (January). 6. After the April parcel abatement deadline, the properties are inspected by the County to verify that weeds were removed and proceeds with abatement if the inspection fails. County creates an assessment report of all costs associated with the abatement and provides that report to the Town (June-July). PAGE 3 OF 3 SUBJECT: Open and Close a Public Hearing to Consider Objections to the Proposed Abatement of Hazardous Vegetation (Weeds) for Properties Listed on the 2020 Weed Abatement Program Commencement Report and Order the Abatement DATE: January 15, 2020 DISCUSSION (continued): 7. Town notifies the property owners on the assessment report notifying them of the hearing date (July). 8. Town Council holds a public hearing, notes any disputes, and adopts a resolution confirming the assessment report, authorizing collection of the assessment charges (August). CONCLUSION: Open and close a Public Hearing to consider objections to the proposed abatement of hazardous vegetation (weeds) for properties listed on the 2019 Weed Abatement Program Commencement Report (Attachment 1) and order the abatement. COORDINATION: This program has been coordinated with the Santa Clara County Department of Agriculture and Environmental Management. 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 2019/20 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. Attachments: 1. 2020 Weed Abatement Program Commencement Report 2. Resolution 2019-060 3. Abatement Program Packet