HomeMy WebLinkAboutStaff Report 103-08City of Palo Alto
TO:HONORABLE CITY COUNCIL
FROM:CITY 5IANAGER DEPARTMENT: FIRE
AGENDA DATE:
SUBJECT:
JANUARY 14, 2008 CMR: 103:08
PUBLIC HEARING ON OBJECTIONS TO WEED
DESTRUCTION AND REMOVAL AND ADOPTION OF
RESOLUTION ORDE~NG WEED NUISANCE ABATED
RE.COMMENDATION
Staff recommends that Council hold a public hearing for any objections to the proposed
destruction and removal of weeds, and adopt the attached Resolution ordering the abatement of
weed nuisances in the City of Palo Alto.
BACKGROUND
By Resolution Number 8775, adopted on December 10, 2007, the Council declared weeds to be a
nuisance and ordered the abatement of that nuisance as called for in Chapter 8.08 of the Palo
Alto Municipal Code. The Resolution provided for a public hearing date of January 14, 2008, to
hear any objections to the proposed destruction or the removal of these weeds, and for interested
property owners and members of the public to be notified of the hearing.
DISCUSSION
The Santa Clara County Department of Agriculture and Resource Management administers the
contract for abatement of weeds within the City of Palo Alto. Upon notification by the City
Council, the Department of Agriculture and Resource Management has taken proper steps to
notify each property owner by mail of the contemplated weed abatement action on respective
properties and to post on the punic notice bultetin board a list of the properties affected. The
Department of Agriculture and Resource Management has furnished copies of the property
listing to the City Clerk and the City Fire Marshal. The City Clerk also posted and published
notice of the hearing as required.
At this public hearing, property owners may appear and object to the proposed weed destruction
or removal. After the hearing and consideration of any objections, the Council may allow or
overrule any or all objections. If objections are overruled, the Council is deemed to have
acquired jurisdiction to proceed. The County will be asked to perform the work of destruction
and removal of weeds.
CMR 103:08 Page 1 of 2
RESOURCE IMPACT
All charges for the weed abatement services are included as a special assessment on bills for
property taxes levied against the respective lots and parcels of land and are considered liens on
these properties.
POLICY IMPLICATIONS
This procedure is consistent with existing City policies.
ENVIRONMENTAL IMPACT
Santa Clara County has detemained the Weed Abatement Program to be Categorically Exempt
from CEQA Guidelines pursuant to Section 15308.
ATTACHMENTS
Resolution Ordering Weed Nuisance Abated
Property Listing
Fire Marshal
Department Head Review:
City Manager Approval:
~qCK MARINARO
Fire Chief
HARRISON
Assistant CiD’ Manager
CMR 103:08 Page 1 of 2
****NOT YET APPROVED****
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF
PALO ALTO ORDERING WEED NUISANCE ABATED
WHEREAS, this Council did on December 10, 2007, adopt its Resolution No. 8775
declaring weeds to be a nuisance and setting January 14, 2008, at 7:00 p.m., in the Civic Center
as the time and place for a hearing of objections to the proposed destruction and removal of
weeds; and
WHEREAS, in accordance with said Resolution, notice of such hearing was given in
the manner provided by law, as appears from the affidavits on file in the Office of the City Clerk;
and
WHEREAS, all persons desiring to be heard were given an opportunity to be heard,
and all matters and things pertaining to said weed abatement were fully heard and considered by
this Council; and
fol!ows:
NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as
SECTION 1. Any and all objections to the proposed destruction and removal of
such weeds be, and each of them hereby is, overruled.
SECTION 2. The Fire Chief hereby is ordered to abate such nuisance, or cause the
same to be abated by contract with the County of Santa Clara, and as provided in Chapter 8.08 of
the Palo Alto Municipal Code, and to do all things necessary and authorized in said chapter.
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071213 cjs 8260654 1
****NOT YET APPROVED****
SECTION 3. The County of Santa Clara as lead agency has determined that this
project is exempt from the provisions of the California Environmental Quality Act ("CEQA")
under CEQA Guidelines Section 15308 as an action by regulatory agencies authorized by state or
local ordinance to assure the maintenance, restoration, enhancement, or protection of the
environment.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTION S:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Mayor
APPROVED:
Deputy" City Attorney City Manager
Fire Chief
Director of Administrative
Services
071213 ~s 8260654 2
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