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HomeMy WebLinkAboutStaff Report 296-08City of Palo Alto City Manager’s Report 15 TO: FROM: DATE: SUBJECT: HONORABLE CITY COUNCIL CITY MANAGER DEPARTMENT: FIRE AUGUST 4, 2008 CMR: 296:08 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 OF THE RESPECTIVE PROPERTIES DESCRIBED THEREIN RECOMMENDATION Staff recommends Council hear and consider objections from affected property owners of proposed assessments related to completed weed abatement work and adopt the attached resolution confirming the report and ordering abatement costs to be a special assessment on the properties specified in the report. BACKGROUND The Weed Abatement Division of Santa Clara County Agriculture and Environmental Management administers the contract for weed abatement within the City of Palo Alto, in accordance with an agreement between the City and County. On December 10, 2007, 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 14, 2008, to consider objections to the proposed destruction or removal of the weeds. No objections were noted. Once the above steps had been taken, the County Weed Abatement Division instructed its contractor to abate weeds on City and private properties within Palo Alto. That work has now been completed. Property owners were notified the first week in December 2007 that weeds were to be abated by March 2, 2008, either by the owners or by the County. If the property owners chose to have the County abate the weeds, the abatement charges would be levied against the respective properties as an assessment by the County Assessor. The County has since informed the property owners of the costs for destroying and removing the weeds. The Fire Department 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 296:08 Page 1 of 2 DISCUSSION Property owners may object to the charges for weed abatement being levied against their properties. The charge consists -of the contractor’s cost plus 150 percent administrative charges, in accordance with Palo Alto’s contract with Santa Clara County (CMR 357:00, September 18, 2000). A representative from the County Weed Abatement Division will be present at the public hearing with the records of weed abatements that have taken place. Should there be any modifications in the proposed assessments as a result of the hearing, changes in the assessment spread will be made as necessary. After any recalculations are completed, and Council adopts the attached resolution confirming the abatements and ordering those costs to be imposed as liens on the abated properties, the assessments will be submitted to the County Assessor for entry on the next 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. POLICY IMPLICATIONS This procedure is consistent with existing City policies. ENVIRONMENTAL REVIEW The Santa Clara County Counsel has determined the Weed Abatement Program Categorically Exempt from CEQA pursuant to CEQA Guidelines Section 15308. to be ATTACHMENTS Resolution 2008 Weed Abatement Assessments by the County of Santa Clara Prepared~~.~ ~-’~ Fire Marshal Department Head Review:_ ~’]~~1 ~¢ff~~ NII~HOLAS M2~kRINARO Fire Chief City Manager Approval:~,.~/~ ~~. -° ...... ~ KELL~ MORARSKI/STEVE EMSEIE Deputy City Managers CMR 296:08 Page 2 of 2 NOT YET APPROVED RESOLUTION NO. RESOLUTION OF _THE COUNCIL OF THE CITY OF PALO ALTO CONFIRMING WEED ABATEMENT REPORT AND ORDERING COST OF ABATEMENT TO BE A SPECIAL ASSESSMENT OF THE RESPECTIVE PROPERTIES HEREIN DESCRIBED WHEREAS, the Council of the City of Palo Alto has heretofore declared weeds growing on certain properties within the City to be a public nuisance by Resolution No. 8775, dated December 10, 2007; and WHEREAS, the Council on January 14, 2008, did adopt Resolution No. 8790 thereby ordering the weed nuisance abated; and WHEREAS, subsequent to the giving of said notice, the Fire Chief, through his Administrator, the Weed Abatement Division of Santa Clara County Department of Agriculture and Environmental Management, has caused to be abated the weeds on the herein described properties; and WHEREAS, the Fire Chief, through his Administrator, the Weed Abatement Division of Santa Clara County Department of Agriculture and Environmental Management, has filed his report and assessment 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 confirmation; 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 report and assessment list is in all respects complete and correct and is hereby confirmed. 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 report and assessment list are overruled or denied. SECTION 3. The unpaid assessments shown on Exhibit "A" shall be entered upon the 2008-2009 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 interest 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. NOT YET APPROVED SECTION 4. Santa Clara County has determined the weed abatement program to be categorically exempt from CEQ_~ pursuant to CEQA Guidelines Section 15308. INTRODUCED AND PASSED: AYES: NOES: ABSENT: AB S TENTION S: ATTEST: City Clerk APPROVED AS TO FORM: Deputy City Attorney Mayor APPROVED: City Manager Director of Administrative Services Fire Chief 080625mb 8260796 2, coo