HomeMy WebLinkAboutStaff Report 106-06TO:
Ci -y of Palo
C ty Manager’s Report
HONORABLE CITY COUNCIL
6
FROM:CITY MANAGER DEPARTMENT: FIRE
AGENDA DATE:
SUBJECT:
JANUARY 17, 2006 CMR: 106:06
PUBLIC HEARING ON OBJECTIONS
DESTRUCTION OR REMOVAL AND
CONSIDERATION OF OBJECTIONS
TO WEED
COUNCIL
RECOMMENDATION
Staff recommends that Council adopt the attached Resolution ordering the abatement of weeds.
BACKGROUND
By Resolution Number 8575 adopted on December 12, 2005, 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 17, 2006, 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 County Department of Agriculture and Resource Management administers the contract for
abatement of weeds within the City of Palo Alto. Upon notification of action by the City
Council, the Department of Ag-riculture and Resource Management has taken proper steps to
notify each property owner by mail of the contemplated weed abatement action on respective
properties au~d to post on the public notice bulletin board a list of the properties affected. The
Department of A~-iculture and Resource Management has furnished copies of the property
listing to the City Clerk and the City Fire Marshal.
At this public hearing, property owners may appear and object to the proposed weed destruction
or removal. After the hearing and consideration of the 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; and the County will be asked to perform the work of destruction
and removal of weeds.
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.
CMR 106:06 Page 1 of 2
POLICY IMPLICATIONS
This procedure is consistent with existing City policies.
ENVIRONMENTAL IMPACT
The Santa Clara .County Counsel has determined the Weed
Categorically Exempt from CEQA Guidelines Section 15308.
ATTACHMENTS
Resolution Ordering Weed Nuisance Abated
Property Listing
Prepare
Acting Fire Marshal
Abatement Progam to be
Department Head Review:
~ICK MARINARO
Fire Chief
City Manager Approval: E~H~SOS
Assistant CiD~ Manager
CMR 106:06 Page 1 of 2
NOT YET APPROVED
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY
PALO ALTO ORDERING WEED NUISanCE ABATED
OF
~IEREAS, this Council did on December 12, 2005, adopt
its Resolution No. 8575 declaring weeds to be a nuisance and
setting January 17, 2006, at 7:00 p.m., in the Civic Center as
the time and place for a hearing of objections to the proposed
destruction or removal of weeds; and
[r<rHEREAS, 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
~EREAS, all persons desi~ing to be heard were given an
opportunity to be heard, and al! matters and things pertaining
to said weed abatement were fully heard and considered by this
Council; and
NOW, THEREFORE, the Council of the City of Palo Alto
does RESOLVE as follows:
SECTION i. ~y and all objections to the proposed
destruction or 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 Pa!o Alto Municipa! Code, and to do all things necessary and
authorized in said chapter.
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051220 cjs 004 ~4441
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 Environmenta! 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
envirom~ent.
INTRODUCED ~D PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Mayor
APPROVED:
¯{~Senior Asst C_by Attorney City Manager
Fire Chief
Director of Administrative
Services
051220 cjs 0044441 2
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