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Home My WebLink About0456.095• City of Palo Alto City Manager's Report 5 TO: HONORABLE CITY COUNCIL FROM: ClTY~~GER DEPARTMENT: FIRE AGENDA DATE: NOVEMBER 13, 1995 CMR: 456:95 SUBJ;ECJ: Weed Abatemeat Program REQl!EST Abatement c>f weeds is required by Chapter 8.08 of the Palo Alto Munkipal Code. This report summarizes the' p<ocedures to be followed in the process; discusses program needs, objectives, and financing; and requests adoption of the attached reso!uOOn identifying weeds as a publk nuisance and setting a public hearing date. RECOMMENDATIONS Staff recommends Council approve and adopt the attached negative declaration, finding that no significant effects on t.'>e environment will result from the project; and adopt the attached resolution declaring weeds 10 he a public nuisance and setting December 4, 1995 fur a public hearing. The resolutioo also orders the City 10 publish a notice c>fbearing in accordlln<:e "ith the p.-ovisions of the Code. POLICY IMPLICATIONS Ibis procedure is consistent with existing City policies. EXECUTIVE SUMMARY Chapter lLOll of the Palo Alto Municipal Code spedfies weed abatement procedures. The chapter indicates it to be unlawful for property owners or occupants to permit weeds to remain upon the premises, public sidewalks, streets or alleys. The chapter also specifies the procedures to be followed to abate weeds. These are: Declaration oft"" City Council by resolution declaring wec-<ls 10 be a publk nuisance. Ibis declaration sets the time and place for heafdlg any objections to the proposed weed abatement Page 1 of 2 -.- -.... ' . <-;, ~ . ;- '-, " -:- " "- .' €} 0 Publication of ~ -This notice informs prope~ ownen; of the passage of the resolution and provi<ks that property owners shall remove weeds from their property, or the abatement wHI be carried out by the County. The City then publishes the notices 10 abate weeds. Hearing -The Council must conduct a public hearing, at which time any property owner may appear and obje<:t 10 the proposed weed ckstructio" or rernvvaL After hearing and considering any obje<:tions, the CO'.ll>CiI may allow or overrule any or all obje<:tions. If objections are overruled, the C""'-lIlCil is deemed to have acquired jurlsdklioo to proceed; and !he County will be asked to perform the work of ckstructioo and removal of weeds. On March 21, 1977, the City Council approved an agreement v.ith Santa Clara County for the administration of weed abatement within !he City of Palo Alto. This agreement has reduced !he costs and City staff time required for administration ofweed abatement; and, for the past seventeen seasoos, the weed abatement program 1-.as heen expeditiously carrY-..d out by the C.ounty Fixe Marsbars office ",ith results satisfa..'loty to Palo Alto resicknts. "SO,I, IMPACf There is 00 auect fiscal impact. to the City. The City of Palo Alto administers a weed abatement program with the Santa Clara County Fire Marshal's office with a minimal amount of staff time. All charges for !he weed abatement servlceS are included as a special assesamen! on bills iO< taxes Ie,ied against the respective Jots and parcels of land. and are coosidered liens on these properties. ENVIRONMENTAL ASS['SSMENY A Negative Declaration for the project has heen prepared sbowing that no significant environmental effects wHI result from the weed abatement program. AIIACHMENIS Emirorunental Assessment: Negative Declaration Resolution Declaring Weeds to be a Nul=e and Setting a Hearing Prepared By: Phil Coru,1antino, Fi~e Marshal Department Head Review:. __ ~!<:..1~=="-__ page 2 of 2 "' ." . ". . i' I ' , ' Environmental Documents €j)1Iy of Palo Alto ENVIRONMENTAl. ASSESSMENT Pro;ect 0escripti0nIT1tfe: 61)D\I&1 Weed Abatement Prm.m Location/Address: V&r!ous Ci tywide SponsO<Iog AQencyfApprrcant City of Palo Alto Fire Department Address and T eIej>/Iooe of Applicant __ -,2",5"O .. 1I"a"m",U",t",on",-,A"-v"e"n",u,,,e,-, p .. al""'o"Al"""'to"'."C"A"-____ _ (415)329-2184 Appl:ication for: Weed Abatement Re.svlution (&.9., zoning change. subdIvision of property, 3rcMecturai review, use perm~) Zoning at Project locafion; __ I<;.,I-'CA'---__ Fee ReceIpt NO" __ -,N,,-/~A ___ _ NOTICE Of DETERMINATION Sased upon review of !he project files, the U<1dEnigned member Q( the Planning Oepartrroerl has concluded: EI Negafiye Des:/eraligrr The project has no slgni1icanI enllirorlmenta/ impact. No Enviro!Ynen!a/ ImpacI Report is requIred. The reasons for a Negative Declaration are: The Weed Abatement Program c;gnsista of remoying weed:; hgyghoyl the city whigb preen« a pybIip nujsance and fire hazard Sites include vacanl Iofs portions qf Iha hfbjDs and baylandsi and oIber <pm 'pare lOW; No chemical t'fflhkides Wll be used as a restI rI #'Hs NQjed This is roostdered ao 'MOaI majnieoa nee actiyjI:y performed 10 abate POtential fire harard$ o The projecl may have a significanl environmenlal inpact An Environmenlal Impact Report will be prepared. Plaming Depar1menl Officiat fEtil.;e (1., ~ I PlannIng Director: &&v<ff;J2Sj[!-".b... The project has been approved. The project has been denied. Dale: /c{;7~/n Oale: _____ _ Dale: ______ _ File No_:_---"9S-~E ... tA"'-"'2"'_5 __ EIANOO · -. , i I ".-."-:"-" .. • ;;. " ----"-::-::..- RESOLUTION NO. IUlSOUl'I'ION OF THE (XX]NCIL OF THE CITY OF P>.rn ALTO DBCLARIm JoIEEDS TO BE A NUISANCE AND SETI'ING A HEARING FOR OBJECTIONS TO THEIR PROPOSED DESTROCTION OR REMOVAL WHEREAS. weeds, as defined_ in Section 8.08.010 (b) of the Palo Alto Municipal Code, are an,ticipated to develop during calendar year 1996 upon streets. alleys. sidewalks. and parcels of private property witbin the City of Palo Alto sufficient to con~titute a public nuisance as a tire menace when dry or are oeherwise,combustible. or otherwise to constitute a menace to the public health as noxious or .dangerous; NOW. THEREFORE. the Council of the City of Palo Alto does hereby RESOLV3 as follows: SRC'tION 1 .. Weeds, as defined in Section B.OB.(I10(bl of the Palo ~to MUnicipal Code, which are anticipated to develop during ~alendar ~ar 1996 upon etreets. alleys. sidewalks, and parcels of private property within the City of Palo Alto. are hereby fOillld and determined to constit.ute a publ tc n,uisance.. Such nuisance is _anticipated t.o exist upon some of the stceets" alleys. 'sidewalks. and parcels o£ private property within the City. which are shown. described, and delineated on the se-.reral maps of the properties in said City which are recorded in the Office of the County Recorder of the County of Santa Clara. referen~e in each instance for the description of any particular street. alley, or parcel of private propert.y being hereby lr.ade to, the several maps aforesaid. and" in the event: of there being several subdivision:maps oc. which -the same l~s are shOwn, reference is hereby made to the latest subdivision map. SECTION 2. T>lEREFORB. IT IS ORDERED that the 'said public nuisaD~e be abated in the manner provided by C~~~er 8.Q8 of the Palo Alto MUnicipal Code: IT IS FURTHER OIIDERED that Monday. the 4th day of December. ~99S. at the hour of 7:00 p.m~. of said day, or as soon thereafter as the matter ray he heard. at the Council Chamhers of the Civic Center of said City. shall be the time and place Yhen Objections to the proposed destruction or removal of such weeds shall be heard and given due cocsideration; IT IS FURTHER ORDERED tr~t the Fire Chief of the City of Palo Alto is directed to cause no<ice of said hearing to be given in the time, manner and form provided in Cha~er 8.0B of said Palo Alto Municipal Code. SReTION 3. Unless such nuisan~e is abated without delay by the destruction or removal of such weeds. the work of abating such nuisance will be done by the county of Santa Clara Fire !'..arshal's Office on behal f of the City of Palo Alto. and the 1 • -. expenses thereof assessed upon the lots and lands from which, andjor in tbe front and rear of which, such weeds shall have been destroyed or removed. SECTION 4. The City COUncil hereby finds that this project is exempt from the 'provisions of the California Environmental (N.a.lity Act i-CEQ.\.") because it can be seen with certainty that there is no possibility t~At the project will have a significant effect 00 th~ environment. INTROD'JCED AND PASSED: AYES: NOES: ABSENT; A3STENTIONS : A'ITRS'l': City Clerk APPROVED AS TO FORM: Senior Asst. Ciey Attorney 2 APPROVED: Mayor City Manager Deputy City Manager. Administrative Services Fire Chief -