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TO:
FROM:
DATE:
SUBJECT:
City of Palo Alto
City Manager's Report
HONORABLE CITY COUNCIL
CITY MANAGER DEPARTMENT: FIRE
JULY 18, 2005 CMR: 295:05
PUBLIC HEARING TO CONFIRM WEED ABATEMENT
REPORT AND APPROVE AND/OR MODIFY ASSESSMENTS
FOR WEED ABATEMENT
RECOMMENDATION
Staff recommends 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 agreement between the City and County.
On December 13, 2004, 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 18, 2005, 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 2004
that weeds were to be abated March 2, 2005, 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 renioving the weeds.
The Fire Department has published 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'295:05 Page 1 of2
7
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
A negative declaration for the project was prepared on December 13, 2004 (CMR 487:04)
showing that no significant environmental effects will result from the weed abatement program.
ATTACHMENTS
Resolution
2005 Weed Abatement Assessments by the County of Santa Clara
PreparedlLLbn. ):y.;Tii--::~Q~i~ ~~~::::::=-~ /1-/~~~/JJ~---+ __ _ D~:r"~
Acting Deputy Chief !Fire Marshal
Department Head Review:---,,+7I..e~,,,,,· ~~~J~71h.eo~!!IU&'a.!i!!!!.~~._ 'NiCHOLAs MARINARO
Fire Chief
CMR295:05 Page 2 of2
'. NOT YET APPROVED
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF
PALO ALTO CONFIRMING
AND ORDERING COST OF
SPECIAL ASSESSMENT
WEED ABATEMENT REPORT
ABATEMENT TO BE A
OF THE RESPECTIVE
PROPERTIES HEREIN DESCRIBED
WHEREAS, the Council of the City of Palo Alto has
heretofore declared weeds growing on certain properties wi thin
the City to be a public nuisance by Resolution No. 8488, dated
December 13, 2004; and
WHEREAS, the Council on January 18, 2005, did adopt
Resolution No. 8496 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 obj ections 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 2005-2006 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
050608 sm 0044422 1
NOT YET APPROVED
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.
SECTION 4. The
aforesaid Resolution No.
for this project. No
required.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
050608 sm 0044422
City Council, by adoption of the
8488, adopted a Negative Declaration
further environmental assessment is
2
Mayor
APPROVED:
City Manager
Director of
Administrative Services
Fire Chief
.'
Situs APN
918 Emerson 120-28-084
2 739 Colorado 127-34-101
3 3101 Middlefield 127-53-007
4 3085 Middlefield 127-53-008
5 405 Curtner 132-41-072
6 3500 Deer Creek 142-16-066
7 4103 Old Trace 175-20-078
8 3111 Alexis 182-43-018
9 3101 Alexis 182-43-020
10 Alexis 182-43-034
Report Date: 7/6/2005
2005 Hazardous Vegetation Management Program
Assessment Report
City of Palo Alto
OWNER ADDRESS
924 Emerson Street Lie 209 Cowper St PALO ALTO
Fuery Suzanne J Trustee POBox 60087 PALO ALTO
Fisher Aron S Et AI 178 Ely PI PALO ALTO
Borcich Group Lie 1330 Hillview Dr MENLO PARK
Ellis Bess Trustee & Et AI 6223 Franciscan Wy SAN JOSE
Leland Stanford Jr University Board 3500 Deer Creek Rd PALO ALTO
Smithwick Alton D And Ursula L Po Box 60065 PALO ALTO
Raduchel William J Trustee 3111 Alexis Dr PALO ALTO
Bottoms Wilmer R Jr And Diane L 3101 Alexis Dr PALO ALTO
Hwa George And Eileen 519 De Carli Ct CAMPBELL
(List Sorted by APN)
TAX ROLLAMT
94301-1206 $281.25
94306 $281.25
9430,6-4552 $506.25
94025-5513 $506.25
95120-4420 $281.25
94303 $1,106.25
94306 $825.00
94304-1306 $375.00
94304-1306 $187.50
95008-6058 $703.13
TOTAL $5,053.13
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JUL 6 2005 I
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