HomeMy WebLinkAboutStaff Report 309-10City of Palo Alto
City Manager's Report
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: FIRE
DATE: AUGUST 2, 2010 CMR: 309:10
REPORT TYPE: PUBLIC HEARING
SUBJECT: 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
RECOMMENDATIONS
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 originally established on April 18, 1977 between the City and County.
On December 14, 2009, 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 11,2010, 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
CMR: Page 1 of
now been completed. Property owners were notified the third week in December 2009 that weeds were
to be abated by April 30, 2010, either by the owners orbythe 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 City Hall Plaza bulletin
board 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 15 ° 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 abatement 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 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 assessments identified on Exhibit A,
totaling $8,632.30, will be imposed as liens on the properties listed and will not be borne by the City.
POLICY IMPLICATIONS
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This procedure is consistent with existing City policies.
ENVIRONMENTAL ASSESSMENT
The Santa Clara County Counsel has determined the Weed Abatement Program to be Categorically
Exempt from CEQA pursuant to CEQA Guidelines Section 15308.
ATTACHMENTS
Attachment A: Resolution
Exhibit A: 2010 Weed Abatement Assessments by the County of Santa Clara
PREPARED BY:
DEPARTMENT HEAD:
DENNIS BURNS
Interim Director of Public Safety / Chief of Police
CITY MANAGER APPROVAL:
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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 on the Respective Properties
Described Therein
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. 9031,
dated December 14, 2009; and
WHEREAS, the Council on January 1,2010, did adopt Resolution No. 9031 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 ofthe 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 2010-2011 tax roll against the parce~s ofland 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.
100701 sh 8261361 1
NOT YET APPROVED
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 Mayor
APPROVED AS TO FORM: APPROVED:
Senior Deputy City Attorney City Manager
Director of Administrative Services
Fire Chief
100722 sh 8261361 2
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2010 Weed Abatement Program Exhibit A
Assessment Report
City of Palo Alto
TAX ROLL
Situs APN OWNER ADDRESS AMT IRA
1 733 Ramona 120-27-063 Koda, Ross K Trustee POBox 156 SOUTH DOS PALOS 93665 $899.85 6001
2 2021 Webster 124-03-070 Kushlan, Michael C & Heather T 769 Garland Dr PALO ALTO 94303-3604 $298.00 6001
3 2030 Park 124-27-002 Kofi, Tetteh A 464 Spruce St BERKELEY 94708-1223 $428.50 6001
4 3101 Middlefield 127-53-007 Fisher Lie 178 Ely PI PALO ALTO 94306-4552 $428.50 6001
5 3085 Middlefield 127-53-008 Boreieh Group Lie 644 Menlo Av 202 MENLO PARK 94025 $298.00 6001
6 3370 Park 132-33-049 Kumano, Tadahiko 3370ParkBl PALO ALTO 94306-2847 $428.50 6001
7 Lambert 132-33-050 LINDA ALLEN 1700 SPACE PARK DR. SANTA CLARA 95054 $857.00 6001
8 405 Curtner 132-41-072 . Ellis, Bess Trustee Etal 6223 Franciscan Wy SAN JOSE 95120-4420 $298.00 6001
9 4073 El Camino Real 132-46-107 Quan Jason Vi & Ha Phuong Yen 4073 El Camino Real PALO ALTO 94306-4002 $428.50 6001
10 3606 EI Camino Real 137-08-080 Camino Real Development Lie P.o. Box 60177 PALOALTO' 94306 $298.00 6022
11 3700 El Camino Real 137-11-078 Kss Investment Lie 1380 Miravalle Av LOS ALTOS 94024-5744 $298.00 6022
12 4031 Amaranta 137-21-034 Hamlett, Mildred . 4031 Amaranta Av PALO ALTO 94306-3103 $298.00 6022
13 3460 Hillview 142-16-059 Leland Stanford Jr Univ The Bd 3155 Porter Dr PALO ALTO 94304 $298.00 6055
14 4247 Manuela 175-02-051 Weakland, John H & Anna W 4245 Manuela Ct PALO ALTO 94306-3731 $298.00 6001
15 4243 Manuela 175-02-053 Weakland, Anna Wu Trustee Etal 4243 Manuela Ct PALO ALTO 94306-3731 $298.00 6001
16 4103 Old Trace 175-20-078 Smithwick, AltonD & UrsulaL Po Box 60065 PALO ALTO 94306 $1,585.45 6020
17 890 . Mockingbird 175-20-082 Colbert, James L & Marie K Truste~ 1825 Fardon Av LOS ALTOS 94024 $298.00 6020
)
18 910 Mockingbird 175-20-084 SelkerEdwin J & Shay Ellen M 910 Mockingbird Ln PALO ALTO 94306-3719 $298.00 6020
19 Old Adobe 175-20-092 Grove, Andrew S & Eva R Trustee 171 Main St #278 LOS ALTOS 94022 $298.00 6020
TOTAL $8,632.30
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Report Date: 7/12/2010 (List Sorted by APN) Page 1
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