HomeMy WebLinkAboutStaff Report 310-09TO:
FROM:
DATE:
REPORT TYPE:
SUBJECT:
HONORABLE CITY COUNCIL
CITY MANAGER DEPARTMENT: FIRE
AUGUST 3, 2009 CMR: 310:09
Public Hearing
Public Hearing to Confirm Weed Abatement Report and Adoption of
a Resolution Confirming Weed Abatement Report and Ordering Cost
of Abatement to be a Special Assessment on the Respective Properties
Described Therein
RECOMMENDATION
Staff recolnlnends Council hear and consider objections from affected propeliy owners of
proposed asseSSlnents related to cOlnpleted weed abatement work and adopt the attached
resolution confinning the report and ordering abatement costs to be a special assessnlent on the
propeliies specified in the report.
BACKGROUND
The Weed Abatenlent Division of Santa Clara County Agriculture and Enviromnental
Managenlent adlninisters the contract for weed abatel11ent within the City of Palo Alto, In
accordance with an agreement established on April 18, 1977 between the City and County.
On December 15, 2008, in accordance with Chapter 8.08 of the Palo Alto Municipal Code, the
City Council declared weeds to be a nuisance and ordered that the nuisance be abated. A public
hearing was held on January 12, 2009, to consider objections to the proposed destnlction or
relnoval of the weeds. No objections were noted. Once the above steps had been taken, the
County Weed Abatelnent Division instnlcted its contractor to abate weeds on City and private
properties within Palo Alto. That work has now been cOlnpleted. Property owners were notified
the third week in Decelnber 2008 that weeds were to be abated by March 2, 2009, either by the
owners or by the County. If the property owners chose to have the County abate the weeds, the
abatenlent charges would be levied against the respective properties as an assessment by the
County Assessor. The County has since infonned the property owners of the costs for destroying
and removing the weeds.
The Fire Departlnent has published the required notice of this hearing in the Palo Alto Weekly.
The cost report by the County Weed Abatement Division has been posted on the Downtown
Library bulletin board for ten days prior to this hearing.
CMR 310:09 Page 1 of2
DISCUSSION
Property owners lnay object to the charges for weed abatement being levied against their
properties. The charge consists of the contractor's cost plus 150 percent adlninistrative charges,
in accordance with Palo Alto's contract with Santa Clara County (CMR 357:00, Septenlber 18,
2000).
A representative fronl the County Weed Abatelnent Division will be present at the public hearing
with the records of weed abatelnents that have taken place. Should there be any nlodifications in
the proposed assessnlents as a result of the healing, changes in the asseSSlnent spread will be
lnade as necessary. After any recalculations are conlpleted, and Council adopts the attached
resolution confinning the abatenlents and ordering those costs to be inlposed as liens on the
abated properties, the assessnlents will be subnlitted to the County Assessor for entry on the
October tax roll upon which general City taxes are to be collected.
RESOURCE IMPACT
There is no direct fiscal impact of this action to the City. The asseSSlnents identified on
Attachment B, totaling $5,938.99, will be inlposed as liens on the properties listed and will not
be borne by the City.
POLICY IMPLICATIONS
This procedure is consistent with existing City policies.
ENVIRONMENTAL REVIEW
The Santa Clara County Counsel has determined the Weed Abatelnent Prograln to be
Categorically Exempt fron1 CEQA pursuant to CEQA Guidelines Section 15308.
ATTACHMENTS
Attaclllnent A: Resolution
Attaclllnent B: 2009 Weed Abatement Assessments by the County of Santa Clara
Prepared by:
GORDON SIMPKINSON
Acting Fire Marshal
Department Head Review: ~./~
HOLAS MARl AKO
Fire Chief
~ C __ //
City Manager Approval: __ ~~±=-====~==:~~==-:..~-====---~ .... ~~=======--
\) JAMES KEENE
~ City Manager
CMR 310:09 Page 2 of2
* * * NOT YET APPROVED * * *
Resolution No.
Resolution of the Council of the City of Palo Alto Confin11ing
Weed Abatelnent Report and Ordering Cost of Abatelnent to
be a Special Assess111ent on the Respective Propeliies
Described Therein
Attaclll11ent A
WHEREAS, the Council of the City of Palo Alto has heretofore declared weeds
growing on celiain properties within the City to be a public nuisance by Resolution No. 8888,
dated December 15,2008; and
WHEREAS, the Council on January 12, 2009, did adopt Resolution No. 8898
thereby ordering the weed nuisance abated; and
WHEREAS, subsequent to the giving of said notice, the Fire Chief, through his
Adn1inistrator, the Weed Abaten1ent Division of Santa Clara County Department of Agriculture
and Environmental ivlanagement, has caused to be abated the weeds on the herein described
properties; and
WHEREAS, the Fire Chief, through' his Administrator, the Weed Abaten1ent
Division of Santa Clara County Depalin1ent of Agriculture and EnviromnentalManagen1ent, has
filed his report and asseSSlnent list for weed abatement as provided by law and a hearing has
been duly set and noticed, for objections to said report and assessment list and for confim1ation;
and
WHEREAS, the Council has duly considered the report and assessment list and any
objections thereto,
NOW, THEREFORE, the City Council of the City of Palo Alto does hereby
RESOLVE as follows:
SECTION 1. The repOli and assessment list is in all respects complete and correct
and is hereby confin11ed. The . amounts of the cost for abating the nuisance are confirmed and
those remaining unpaid, as shown on Exhibit "A" attached hereto and incorporated herein, shall
constitute special assessments against the respective parcels of land and are a lien on the property
for the amount of the respective assessment.
SECTION 2. All written or oral protests or objections to said repOli and assessment
list are overruled or denied.
SECTION 3. The unpaid assessments shown on Exhibit "A" shall be entered upon
the 2009-2010 tax roll against the parcels of land and shall be collected at the same time and in
the same manner as general City taxes, be subject to the same int re st and penalties, and be
subject to the same procedure and sale in case of delinquency. All laws and ordinances
applicable to the levy, collection, and enforcement of City taxes are hereby made applicable to
this special assessment.
090707 Illb 8261079
* * * NOT YET APPROVED * * *
SECTION 4. Santa Clara County has detelll1ined the weed abatement progran1 to be
categorically exempt froll1 CEQA pursuant to CEQA Guidelines Section 15308.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
Senior Deputy City Attorney City Manager
Director of Administrative Services
Fire Chief
090707 mb 8261079 2
2009 Weed Abatement Program Attaclunent B
Assessment Report
City of Palo Alto
TAX ROLL
Situs APN OWNER ADDRESS AMT IBA
128 Kingsley 124-15-038 Khan Anwar And Nayyar 2341 Falling Water Ct SANTA CLARA 95054-1316 $298.00 6001
2030 Park 124-27-002 Kofi Tetteh A 464 Spruce St BERKELEY 94708-1223 $513.15 6001
420 Cambridge 124-32-008 Lueeo Ine 599 College A v PALO ALTO 94306 $684.20 6052
3101 Middlefield 127-53-007 Fisher Lie 178 Ely PI PALO ALTO 94306-4552 $684.20 6001
3085 Middlefield 127-53-008 Borcich Group Lie 644 Menlo Av Unit 202 . MENLO PARK 94025 $684.20 6001
405 Curtner 132-41-072 Ellis Bess Trustee & Et Al 6223 Franciscan Wy SAN JOSE 95120-4420 $513.15 6001
3700 El Camino Real 137-11-078 Kss Investment Lie 13 80 Miravalle A v LOS ALTOS 94024-5744 $684.20 6022
4243 Manuela 175-02-053 Weakland Anna Wu Trustee 4243 Manuela Ct PALO ALTO 94306-3731 $298.00 6001
4103 Old Trace 175-20-078 SmithwiekAlton D And Ursula L Po Box 60065 PALO ALTO 94306 $553.59 6020
3111 Alexis 182-43-018 Raduehel William J Trustee 3111 Alexis Dr PALO ALTO 94304-1306 $1,026.30 6039
TOTAL $5,938.99
Report Date: 7/8/2009 (List Sorted by APN) Page 1