HomeMy WebLinkAboutStaff Report 278-06City of Palo Alto
City Manager’s Report 5
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: FIRE
DATE:
SUBJECT:
JULY 17, 2006 CMR:278:06
PUBLIC HEARING TO CONFIRM WEED ABATES~ENT
REPORT AND APPROVEAND/OR MODIFY ASSESSMENTS
FOR ’WEED ABATEMENT
RECOSIMENDATION
Staff reconamends Council hear and consider objections from affected property owners of
proposed assessments related to completed weed abatement work and approve and/or modify the
assessments for weed abatement.
BACKGROUND
The Fire Marshal’s Office for Santa Clara County administers the contract for weed abatement
within the City of Palo Alto, in accordance with an ageement between the City and County.
On December 12, 2005, 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 17, 2006, to consider objections to the proposed destruction or
removal of the weeds. Once the above steps had been taken, the County Fire Marshal’s Office
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 2005
that weeds were to be abated March 2, 2006, 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 punished the required notice of this hearing in the Palo Alto Weekly.
The cost report by the County Fire Marshal’s Office has been posted in the Council Chambers for
ten days prior to this hearing.
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 (CMR 357:00, September 18, 2000).
CMR 278:06 Page 1 of 2
A representative from the County Fire Marshal’s office 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
necessary. After these recalculations are completed, the assessment 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 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 to be
Categorically Exempt from CEQA pursuant to CEQA Guidelines Section 15308.
ATTACHMENTS
Resolution
2006 Weed Abatement Assessments by the County of Santa Clara
Prepared
Actfiag-~ N~Marshal
Department Head Review:_
NICHOLAS MARINARO
Fire Chief
City Manager Approval:
HARRISON
Assistant City Manager
CMR 278:06 Page 2 of 2
***NOT YET APPROVED***
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO
ALTO CONFI~ING 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. 8575, dated
December 12, 2005; and
WHEREAS, the Counci! on January 17, 2006, did adopt
Resolution No. 8585 thereby ordering the weed nuisance abated;
and
WHEREAS, subsequent to the giving of said notice, the
Fire Chief, through his Administrator, the Santa Clara County
Fire Marshal’s Office, has caused to be abated the weeds on the
herein described properties; and
WHEREAS, the Fire Chief, through his Administrator, the
Santa Clara County Fire Marshal’s Office, 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 i. 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"
shal! be entered upon the 2006-2007 tax roll against the parcels
060621 cs 8260287 1
***NOT YET APPROVED***
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. Al! laws and ordinances applicable to the
levy, collection, and enforcement of City taxes are hereby made
applicable to this special assessment.
SECTION 4. Santa Clara County has determined the weed
abatement program to be categorically exempt from CEQA pursuant
to CEQA Guidelines Section 15308.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Mayor
APPROVED:
Senior Asst. City Attorney City Manager
Director of
Administrative Services
Fire Chief
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