HomeMy WebLinkAbout2008-01-14 City Council Agenda Packet
01/14/08 1
Agenda posted according to PAMC Section 2.04.070. A binder containing supporting materials is available in the Council Chambers on the Friday preceding the meeting.
Special Meeting
January 14, 2008 6:00 pm
ROLL CALL
COUNCIL CONFERENCE ROOM
STUDY SESSION
1. Joint Meeting with Public Art Commission Regarding Local Public Art
Issues
AGENDA
COUNCIL CHAMBERS
ORAL COMMUNICATIONS
Members of the public may speak to any item not on the agenda; three minutes per speaker. Council reserves the right to limit the duration of Oral Communications
SPECIAL ORDERS OF THE DAY
2. Selection of Candidates to Interview for the Human Relations
Commission
REPORT
3. Selection of Candidates to Interview for the Library Advisory
Commission
REPORT
4. Selection of Candidates to Interview for the Planning and
Transportation Commission
REPORT
5. Selection of Candidates to Interview for the Storm Drain Committee
REPORT
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APPROVAL OF MINUTES
October 29, 2007
November 13, 2007
November 19, 2007
CONSENT CALENDAR
Items will be voted on in one motion unless removed from the calendar by two Council Members.
6. Adoption of a Resolution for Agent Paul Scheff upon his Retirement
7. Review of Annual Status Report on Developers' Fees and Adoption of
Resolution Making Findings Regarding Continuing Need for
Unexpended Community Center Development Fees in the Amount of
$3,150 and Library Development Fees in the Amount of $1,190
CMR 106:08 ATTACHMENT
8. Adoption of an Ordinance Approving and Adopting a Park
Improvement Plan for Foothills Park and Approval of an
Agreement with the Los Altos Hills County Fire District for a Joint Fire
Hydrant and Water Main Upgrade Project
CMR 109:08 ATTACHMENT
9. Adoption of a Resolution Determining Underground Utility District No.
41 Property Owners Who Elect to Pay Underground Conversion Costs
Over a Period of Years
CMR 104:08 ATTACHMENT
10. Approval of a Wastewater Treatment Enterprise Fund Contract With
Anderson Pacific Engineering Construction in the Amount of $756,000
for the Installation of an Auxiliary Disinfection System at the Regional
Water Quality Control Plant; and Adoption of a Budget Amendment
Ordinance Amending the Budget for the Fiscal Year 2007-08 to
Provide an Additional Appropriation of $831,600 to Capital
Improvement Program WQ-80021, Plant Equipment
Replacement Project for the Regional Water Quality Control
Plant
CMR 112:08 ATTACHMENT
AGENDA CHANGES, ADDITIONS, AND DELETIONS
HEARINGS REQUIRED BY LAW: Applications and/or appellants may have up to ten minutes at the outset of the
public discussion to make their remarks and put up to three minutes for concluding remarks after other members
of the public have spoken.
OTHER AGENDA ITEMS: Public comments or testimony on agenda items other than Oral Communications shall be
limited to a maximum of five minutes per speaker unless additional time is granted by the presiding officer. The
presiding officer may reduce the allowed time to less than five minutes if necessary to accommodate a larger number of speakers.
01/14/08 3
UNFINISHED BUSINESS
PUBLIC HEARINGS
11. Public Hearing on Objections to Weed Destruction and Removal and
Adoption of Resolution Ordering Weed Nuisance Abated
CMR 103:08 ATTACHMENT
12. Approval of a Sublease Agreement With the Santa Clara Valley
Transportation Authority (VTA) and the Silicon Valley Bicycle Coalition
for a Portion of the University Avenue Depot, 95 University Avenue
(need Council Motion to continue to January 22, 2008)
CMR
REPORTS OF COMMITTEES AND COMMISSIONS
ORDINANCES AND RESOLUTIONS
REPORTS OF OFFICIALS
13. Acceptance of Service Efforts and Accomplishments Report FY 2006-07
COUNCIL MATTERS
COUNCIL COMMENTS, ANNOUNCEMENTS, AND REPORTS FROM CONFERENCES
Members of the public may not speak to the item(s).
CLOSED SESSION
This item may occur during the recess or after the Regular Meeting.
Public Comments: Members of the public may speak to the Closed Session item(s); three minutes per speaker.
ADJOURNMENT
Persons with disabilities who require auxiliary aids or services in using City facilities, services, or programs or who would like information on the City’s compliance with the Americans with Disabilities Act (ADA) of 1990, may contact
650-329-2550 (Voice) 24 hours in advance.
CMR:106:08 Page 1 of 4
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: ADMINISTRATIVE
SERVICES
DATE: JANUARY 14, 2008 CMR: 106:08
SUBJECT: REVIEW OF ANNUAL STATUS REPORT ON DEVELOPERS' FEES AND
ADOPTION OF RESOLUTION MAKING FINDINGS REGARDING
CONTINUING NEED FOR UNEXPENDED COMMUNITY CENTER
DEVELOPMENT FEES IN THE AMOUNT OF $3,150 AND LIBRARY
DEVELOPMENT FEES IN THE AMOUNT OF $1,190
RECOMMENDATION
Staff recommends that the City Council review and accept the Annual Report on Developers'
Fees for the period ending June 30, 2007 (Exhibit A). In addition, staff recommends that the
City Council adopt the attached resolution (Exhibit B) regarding the continuing need for
unexpended funds in the Community Center Fund and the Libraries Fund
BACKGROUND
State law (Government Code Section 66006) requires each local agency that imposes
development impact fees prepare an annual report providing specific information about those
fees. This requirement is part of the law commonly referred to as AB 1600. It codifies the legal
requirement that fees on new development must have the proper nexus to any project on which
they are imposed. In addition, AB 1600 imposes certain accounting and reporting requirements
with respect to the fees collected. The fees, for accounting purposes, must be segregated from
the general funds of the City and from other funds or accounts containing fees collected for other
improvements. Interest on each development fee fund or account must be credited to that fund
or account and used only for the purposes for which the fees were collected.
The law was amended effective January 1, 1997 to require that, within 180 days after the close of
the fiscal year, the agency that collected the fees must make available to the public the following
information regarding each fund or account:
o A brief description of the type of fee in the fund.
o The amount of the fee.
o The beginning and ending balance for the fiscal year.
CMR:106:08 Page 2 of 4
o The amount of fees collected and interest earned.
o An identification of each public improvement on which fees were expended and
the amount of the expenditure on each improvement, including the total
percentage of the cost of the public improvement that was funded with fees.
o An identification of an approximate date by which the construction of a public
improvement will commence, if the local agency determines that sufficient funds
have been collected to complete financing on an incomplete public improvement.
o A description of each interfund transfer or loan made from the account or fund,
including the public improvement on which the loaned funds will be expended,
and in the case of an interfund loan, the date on which the loan will be repaid and
the rate of interest that the account or fund will receive on the loan.
o The amount of any refunds made due to inability to expend fees within the
required time frame.
This report must also be reviewed by the City Council at a regularly scheduled public meeting
not less than 15 days after the information is made available to the public. In addition, notice of
the time and place of the meeting shall be mailed at least 15 days prior to the meeting to any
interested party who files a written request with the local agency for such a mailed notice.
The law also provides that, for the fifth fiscal year following the first deposit into the fund and
every five years thereafter, the local agency shall make findings with respect to any portion of
the fee remaining unexpended, whether committed or uncommitted. The finding must: identify
the purpose to which the fee is to be put; demonstrate a nexus between the fee and the purpose
for which it was originally charged; and identify all sources and amounts of funding anticipated
to complete financing of incomplete improvements along with the approximate dates on which
the anticipated funding is expected to be deposited into the fund.
If the agency no longer needs the funds for the purposes collected, or if the agency fails to make
required findings, or to perform certain administrative tasks prescribed by AB 1600, the agency
may be required to refund, on a prorated basis to owners of the properties upon which the fees
for the improvement were imposed, the monies collected for that project and any interest earned
on those funds.
DISCUSSION
The City of Palo Alto development fees covered by AB 1600, and documented in Exhibit A,
include the following:
o Stanford Research Park/El Camino Real traffic impact fees (PAMC Ch. 16.45): Fee for
new nonresidential development in the Stanford Research Park/El Camino Real Service
Commercial zone, to fund capacity improvements at eight intersections.
CMR:106:08 Page 3 of 4
o San Antonio/West Bayshore Area traffic impact fees (PAMC Ch. 16.46): Fee for new
nonresidential development in the San Antonio/West Bayshore area to fund capacity
improvements at four intersections.
o Housing impact fees imposed on commercial developments (PAMC Ch. 16.47: Fee on
commercial and industrial development to contribute to programs that increase the City's
low income and moderate-income housing stock.
o Parking in-lieu fees for University Avenue Parking District (PAMC Ch. 16.57): Fee on
new nonresidential development in the University Avenue Parking Assessment District in
lieu of providing required parking spaces.
o Developer impact fees (PAMC Ch. 16.58): Fee on new residential and non-residential
housing developments to provide community facility funds for parks, community centers
and libraries.
o Residential housing in-lieu fees (PAMC Ch. 16.47): Fee on residential developments in-
lieu of providing required below-market rate units to low and moderate income
households.
o Charleston-Arastradero Corridor pedestrian and bicyclist safety fees (PAMC Ch. 16.59):
Fee on new development and re-development within the Charleston-Arastradero Corridor
to provide for pedestrian and bicyclist improvements.
o Parkland dedication fees (California Government Code Section 66477): Fees or parkland
dedication imposed on new residential and non-residential development.
o Water and sewer capacity fees (California Government Code Section 66000): Fee on
developments adding load to water and sewer systems.
o Transportation impact fee (This fee became effective on August 17, 2007, and no fees
have been collected to date.)
Additionally, the San Antonio/West Bayshore Fund and Stanford Research Park/El Camino Real
Fund contain development impact fees collected on or before June 30, 1999 that remain
unexpended. In fiscal year 2002-03 (CMR:113:04) the City Council made the required findings
that there was a continued need for the San Antonio/West Bayshore funds for the San Antonio
On-Ramp Project. Council also found a continued need for the Stanford Research Park/El
Camino funds for the major intersection improvements at the Page Mill/Hanover intersection,
which are scheduled for completion in 2010.
AB 1600 requires the City to make specified findings in the event any funds are not expended
within five fiscal years of collection. There were two categories of fees collected in the year
2002 which have not been spent and where the City has not previously made the required
CMR:106:08 Page 4 of 4
findings to assist in the findings of the proposed Mitchell Park Library and Community Center
facility. In accordance with AB 1600, such funds will be allocated to the proposed facility’s
additional capacity. (The proposed findings are contained in Exhibit B.)
RESOURCE IMPACT
If the Council does not make the findings contained in Exhibit B, the development fees described
therein will be required to be refunded. This would have a fiscal impact of $4,340. .
POLICY IMPLICATIONS
This report does not represent any change to existing City policies.
ENVIRONMENTAL ASSESSMENT
Presentation of this annual report is not a project under the California Environmental Quality
Act; accordingly, no environmental assessment is required.
PREPARED BY:
ALLEN LEE
Senior Accountant
DEPARTMENT HEAD APPROVAL:
Lalo Perez
Director, Administrative Services
CITY MANAGER APPROVAL:
EMILY HARRISON
Assistant City Manager
ATTACHMENT
Exhibit A: Annual Report on Development Fees for Period Ending
June 30, 2007
Exhibit B: Resolution Adopting Findings with Respect to Unspent Impact Fees
cc: Home Builders Association
CMR: 109:08 Page 1 of 3
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: UTILITIES
DATE: JANUARY 14, 2008 CMR: 109:08
SUBJECT: ADOPTION OF AN ORDINANCE APPROVING AND ADOPTING A
PARK IMPROVEMENT PLAN FOR FOOTHILLS PARK AND
APPROVAL OF AN AGREEMENT WITH THE LOS ALTOS HILLS
COUNTY FIRE DISTRICT FOR A JOINT FIRE HYDRANT AND
WATER MAIN UPGRADE PROJECT
RECOMMENDATION
Staff recommends that Council adopt an ordinance approving and adopting a park improvement
plan for Foothills Park; and approve an agreement with the Los Altos Hills County Fire District
(LAHCFD) to augment the existing water system in Foothills Park and along Page Mill Road for
enhanced fire protection.
BACKGROUND
Staff has been working with LAHCFD for the past 18 months to develop a project that will
provide enhanced mutual fire protection benefits for each entity. The agreement with LAHCFD
for the joint fire hydrant and water main project (the Project) will add five fire hydrants to the
City’s foothills fire fighting capabilities: one in Foothills Park at Towle Campground in
Wildhorse Valley and four along Page Mill Road. The Project will include reconstructing a
section of water main that was identified in the 1999 Water Study as in need of replacement.
Replacing this main will improve fire fighting capabilities in Foothills Park, on Page Mill Road
above the Foothills Park entrance, in the Hewlett Subdivision, and along Los Trancos Road. The
Palo Alto portion of the project will be designed and constructed by LAHCFD. Palo Alto will
review and approve project plans and inspect the construction work. Staff anticipates the design
and construction cost of the Palo Alto portion of the work will be approximately $500,000.
Upon completion of construction, the facilities will be turned over to Palo Alto to own, operate
and maintain. Palo Alto will reimburse LAHCFD for expenses for the Palo Alto portion of the
8
CMR: 109:08 Page 2 of 3
Project. Utilities engineering staff has worked closely with Fire Department, Planning
Department and Open Space staff to ensure that the Project was designed in such a way as to
avoid significant impacts to the natural resources of the park. Through this concerted planning
for the Project design, park community outreach, the Project construction zone and habitat
protection, and terrain restoration methods, all aspects of the Project were thoroughly discussed
in order to ensure a successful project and the careful protection of the natural environment. The
Project, as designed, will greatly enhance the ability for staff and fire fighters to protect the park,
its visitors and resources from the threat of wildfires.
DISCUSSION
The scope of work contained in the LAHCFD joint agreement will include the preparation of
final bid documents; design and engineering support services; issuance of the Notice inviting
bids; solicitation of bids; evaluation of bids; award of contracts, and daily construction
inspection.
Final bid documents will consist of general conditions, special provisions, technical
specifications, plans/drawings, and forms seeking price quotes for the Fire District’s portion of
the construction work. The bid documents will also include bid schedule items seeking price
quotes for Palo Alto’s portion of the construction work. The Project will be awarded based on
the total bid for the LAHCFD and the Palo Alto work.
Commencing on January 15, 2008, Pakpour Consulting Group (“PCG”) will be the vendor for
the design of Palo Alto’s facilities and for engineering support services during the bidding and
construction phases of the Project, including bid document development, bid evaluation and
contract management. (LAHCFD has used PCG for project design on previous projects and
currently uses PCG as its “District Engineer.”)
The contract will be awarded to the lowest, responsible and responsive bidder for the Project
which will include work for both LAHCFD and Palo Alto, if Palo Alto approves. Daily
construction inspection will be provided by Palo Alto engineering inspection staff.
Park Improvement Ordinance
A park improvement ordinance is required for the installation of a new fire hydrant, water mains,
and relocation of existing pressure-reducing valves to a new underground pressure-reducing
station at the Foothills Park entrance.
Utilities engineering staff has coordinated the project planning and construction schedule with
the Community Services Department Staff at Foothills Park to ensure that the Project will not
interfere with park access or services. Construction activity for the proposed Project will most
likely occur in the spring of 2008, after the rainy season. Construction is planned for weekdays
from 8:00 a.m. to 5:00 p.m.
RESOURCE IMPACT
Funding for the City’s portion of the Project is available in Water Capital Improvement Project
WS-07003. Council approved funding for this project as part of the FY 07-08 budget.
CMR: 109:08 Page 3 of 3
Maintenance costs are included in the Water Fund operating budget for these proposed
replacement facilities.
POLICY IMPLICATIONS
The approval of this agreement is consistent with existing City policies. This recommendation is
consistent with the Council-approved Utilities Strategic Plan Key Strategy No. 1, “Operate
distribution system in a cost effective manner,” Strategy No. 7, “Implement programs that
improve the quality of the environment” and Objective No. 2, “Invest in utility infrastructure to
deliver reliable service.”
ENVIRONMENTAL REVIEW
This project is categorically exempt from California Environmental Quality Act (CEQA)
pursuant to Section 21080.21 of the Public Resources Code (excluding pipelines of less than one
mile). The City of Palo Alto Department of Planning and Community Environment filed a
Statement of Exemption with the County on September 17, 2007, attached as Exhibit C.
ATTACHMENTS
A: Agreement for Joint Fire Hydrant and Water Main Upgrade Project
B: Ordinance Approving and Adopting a Park Improvement Plan for Foothills Park
C: Statement of Exemption
PREPARED BY: ROMEL ANTONIO, Sr. Project Engineer, WGW
ROGER CWIAK, Engineering Manager WGW
TOMM MARSHALL, Assistant Director Utilities
DEPARTMENT APPROVAL: ________________________________
VALERIE O. FONG
Director of Utilities
CITY MANAGER APPROVAL: ________________________________
EMILY HARRISON
Assistant City Manager
CMR: 104:08 Page 1 of 2
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: UTILITIES
DATE: JANUARY 14, 2008 CMR: 104:08
SUBJECT: ADOPTION OF A RESOLUTION DETERMINING UNDERGROUND
UTILITY DISTRICT NO. 41 PROPERTY OWNERS WHO ELECT
TO PAY UNDERGROUND CONVERSION COSTS OVER A PERIOD
OF YEARS
RECOMMENDATION
Staff recommends that Council approve the attached Resolution determining Underground
Utility District No. 41 property owners electing to pay conversion costs over a period of years,
determining and classifying unpaid assessments, and funding loans to property owners from the
Reserve for Underground Connections.
BACKGROUND
At its meeting on October 24, 2005, the City Council adopted Ordinance No. 4882 creating
Underground Utility District No. 41 (see attached Exhibit C for Background and History on
Underground District) for the Cowper Avenue, Oregon Expressway, Middlefield Road and
Colorado Avenue area (see Attachment D). The ordinance provided notice that any property
owner located within the district had the option of paying the cost of service conversion over a
period of ten years, with interest. A total of 33 of the 174 property owners in the district selected
the deferred payment plan. The underground project is a general benefit underground district,
with the City paying all costs except the individual property underground service conversions.
DISCUSSION
The conversion costs for the 33 property owners who have chosen the deferred payment plan
total $201,306. The remaining property owners chose to be responsible for their own financial
arrangements.
Assessments will be secured by liens on each property for the ten-year term of the loan.
Repayment to the City will be made through the owner’s property tax bills. As mandated in the
Palo Alto Municipal Code, interest rates were established the week preceding adoption of the
5
CMR: 104:08 Page 2 of 2
Ordinance forming the underground district. Using this rate guideline, the interest rate for the
loans will be 5.12%. A $50 loan-processing fee is added to each assessment.
RESOURCE IMPACT
On August 21, 1984, Council approved the funding of individual electric connections from the
Electric System Improvement Reserve, thereby establishing the reserve for underground
connections. As of June 30, 2007, the balance in the reserve for underground connections was
$698,000.
The total estimated service conversion cost for all customers in Underground Utility District No.
41 is $201,306. The City’s total contribution and related cost for Underground Utility District
No. 41 is estimated to be $2,500,000.
POLICY IMPLICATIONS
This recommendation is consistent with the Council-approved Utilities Strategic Plan Key
Strategy #7, “Implement programs that improve the quality of the environment.”
ENVIRONMENTAL REVIEW
This project is categorically exempt from California Environmental Quality Act (CEQA).
ATTACHMENTS
Α: Resolution
Β: Property Owner List
C: Background and History on Undergrounding of Electric Utilities
D: Underground District 41 – Boundary Map
PREPARED BY: PATRICK VALATH
Senior Electric Project Engineer
DEPARTMENT HEAD: __________________________________
VALERIE FONG
Director of Utilities
CITY MANAGER APPROVAL:
__________________________________
EMILY HARRISON
Assistant City Manager
CMR:112:08 Page 1 of 3
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE: JANUARY 14, 2008 CMR:112:08
SUBJECT: APPROVAL OF A WASTEWATER TREATMENT ENTERPRISE FUND
CONTRACT WITH ANDERSON PACIFIC ENGINEERING
CONSTRUCTION IN THE AMOUNT OF $756,000 FOR THE
INSTALLATION OF AN AUXILIARY DISINFECTION SYSTEM AT THE
REGIONAL WATER QUALITY CONTROL PLANT; AND ADOPTION
OF A BUDGET AMENDMENT ORDINANCE AMENDING THE
BUDGET FOR FISCAL YEAR 2007-08 TO PROVIDE AN ADDITIONAL
APPROPRIATION OF $831,000 TO CAPITAL IMPROVEMENT
PROGRAM WQ-80021, PLANT EQUIPMENT REPLACEMENT FOR
THE REGIONAL WATER QUALITY CONTROL PLANT
RECOMMENDATION
Staff recommends that Council:
1. Approve and authorize the City Manager or his designee to execute the attached
Wastewater Treatment Enterprise Fund contract with Anderson Pacific Engineering
Construction (Attachment A) in the total amount of $756,000 for the installation of an
auxiliary disinfection system at the Regional Water Quality Control Plant (RWQCP)
under the Plant Equipment Replacement Project, Capital Improvement Program (CIP)
Project WQ-80021 (Attachment B);
2. Authorize the City Manager or his designee to negotiate and execute one or more change
orders to the contract with Anderson Pacific Engineering Construction for related,
additional but unforeseen work which may develop during the project, the total value of
which shall not exceed $75,600; and
3. Adopt a Budget Amendment Ordinance (BAO) for $831,600 (Attachment C) to increase
the Plant Equipment Replacement Project, CIP Project WQ-80021, by drawing down the
Plant Equipment Replacement Reserve.
DISCUSSION
Project Description
The work to be performed under the contract is the installation of chemical storage tanks, pumps,
piping, and controls that will be used for final effluent disinfection and dechlorination, belt filter
press odor control, and biological growth control at the RWQCP.
CMR:112:08 Page 2 of 3
A notice inviting formal bids for the project was sent to eight contractors on November 14, 2007
and posted at City Hall. The bidding period was 35 days. Bids were received from three
qualified contractors on December 18, 2007 as listed on the attached bid summary
(Attachment D). Bids ranged from a high of $1,149,000 to a low bid of $756,000. Bidders not
bidding indicated that their estimators were too busy to bid the work.
Summary of Bid Process
Bid Name/Number Auxiliary Disinfection System #124133
Proposed Length of Project 4 months
Number of Bids Mailed to Contractors 8
Number of Bids Mailed to Builder’s Exchanges 10
Total Days to Respond to Bid 35
Pre-Bid Meeting? Yes
Number of Company Attendees at Pre-Bid
Meeting
6
Number of *Bids Received: 3
Bid Price Range From a low of $756,000 to a high of
$1,149,000
*Bid summary provided in Attachment D. Certification of Nondiscrimination is Attachment E.
Staff has reviewed all bids submitted and recommends that the bid of $756,000 submitted by
Anderson Pacific Engineering Construction be accepted and that Anderson Pacific Engineering
Construction be declared the lowest responsible bidder. The bid is 8.4 percent above the
engineer's estimate of $697,429. The change order amount of $75,600, which equals 10 percent
of the total contract, is requested for related, additional but unforeseen work which may develop
during the project.
Staff confirmed with the Contractor's State License Board that the contractor has an active
license on file. Staff checked references supplied by the contractor for previous work performed
and found no significant complaints.
RESOURCE IMPACT
The attached BAO requests an additional appropriation of revenues and expenses in the amount
of $831,600 for CIP WQ-80021. This BAO draws down the Wastewater Treatment Fund
Emergency Equipment Replacement Reserve. After including the effect of this BAO, the
reserve will have a projected balance of $1,337,094 at the end of FY 2007-08. The reserve
guideline maximum is $1,547,000.
ENVIRONMENTAL REVIEW
The recommended action is exempt from review under the California Environmental Quality Act
pursuant to CEQA Guidelines Section 15301 (b), which includes maintenance of publicly-owned
wastewater facilities involving negligible expansion.
ATTACHMENTS
Attachment A: Contract
Attachment B: CIP WQ-80021, Plant Equipment Replacement Description Page
Attachment C: Budget Amendment Ordinance
CMR:112:08 Page 3 of 3
Attachment D: Bid Summary
Attachment E: Certification of Nondiscrimination
PREPARED BY: James Allen, Senior Engineer RWQCP
Richard A. Wetzel, Manager RWQCP
DEPARTMENT HEAD: __________________________________
GLENN S. ROBERTS
Director of Public Works
CITY MANAGER APPROVAL: __________________________________
EMILY HARRISON
Assistant City Manager
CMR 103:08 Page 1 of 2
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: FIRE
DATE: JANUARY 14, 2008 CMR: 103:08
SUBJECT: PUBLIC HEARING ON OBJECTIONS TO WEED
DESTRUCTION AND REMOVAL AND ADOPTION OF
RESOLUTION ORDERING WEED NUISANCE ABATED
RECOMMENDATION
Staff recommends that Council hold a public hearing for any objections to the proposed
destruction and removal of weeds, and adopt the attached Resolution ordering the abatement of
weed nuisances in the City of Palo Alto.
BACKGROUND
By Resolution Number 8775, adopted on December 10, 2007, 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 14, 2008, 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 Santa Clara County Department of Agriculture and Resource Management administers the
contract for abatement of weeds within the City of Palo Alto. Upon notification by the City
Council, the Department of Agriculture and Resource Management has taken proper steps to
notify each property owner by mail of the contemplated weed abatement action on respective
properties and to post on the public notice bulletin board a list of the properties affected. The
Department of Agriculture and Resource Management has furnished copies of the property
listing to the City Clerk and the City Fire Marshal. The City Clerk also posted and published
notice of the hearing as required.
At this public hearing, property owners may appear and object to the proposed weed destruction
or removal. After the hearing and consideration of any 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. The County will be asked to perform the work of destruction
and removal of weeds.
CMR 103:08 Page 1 of 2
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.
POLICY IMPLICATIONS
This procedure is consistent with existing City policies.
ENVIRONMENTAL IMPACT
Santa Clara County has determined the Weed Abatement Program to be Categorically Exempt
from CEQA Guidelines pursuant to Section 15308.
ATTACHMENTS
Resolution Ordering Weed Nuisance Abated
Property Listing
Prepared by:_______________________________
DAN FIRTH
Fire Marshal
Department Head Review:______________________
NICK MARINARO
Fire Chief
City Manager Approval: _______________________
EMILY HARRISON
Assistant City Manager