CITY COUNCIL STAFF REPORT
MEETING DATE: August 5, 2015
PREPARED BY: Anthony Eulo, Program Administrator/Community Services
APPROVED BY: City Manager
Title
2015 WEED AND BRUSH ABATEMENT PROGRAM ASSESSMENT REPORT - PROGRAM CHARGES (supplements added in attachments)
END
RECOMMENDATION(S)
RECOMMENDATION
1. Open/Close Public Hearing;
2. Adopt Resolution A Ordering the Final Report on the 2015 Weed and Brush Abatement Program Assessment Report - Program Charges be Transmitted to the Santa Clara County Assessor’s Office and that Liens be Posted Against the Properties on the Report, excluding Assessor Parcel Numbers (APN) struck out of the attached list;
3. Adopt Resolution B Ordering the Final Report on the 2015 Weed and Brush Abatement Program Assessment Report - Program Charges be Transmitted to the Santa Clara County Assessor’s Office and that Liens be Posted Against the Properties on the Report, excluding Assessor Parcel Numbers (APN) struck out of the attached list; and
4. Adopt Resolution C Ordering the Final Report on the 2015 Weed and Brush Abatement Program Assessment Report - Program Charges be Transmitted to the Santa Clara County Assessor’s Office and that Liens be Posted Against the Properties on the Report, excluding Assessor Parcel Numbers (APN) struck out of the attached list.
BODY
COUNCIL PRIORITIES, GOALS & STRATEGIES:
Ongoing Priorities
Enhancing public safety
Protecting the environment
REPORT NARRATIVE:
Since 1995, the City’s Hazardous Vegetation Management Program has been administered through a contract with Santa Clara County. The County’s Department of Agriculture & Environmental Management - Weed Abatement Division identifies properties in Morgan Hill with hazardous vegetation and/or weeds/brush and notifies the property owners. The property owners are given a specific timeline to remove the vegetation, and if they do not, a contractor, selected by the County, removes the vegetation. The cost for the abatement is then passed on to the owner as an assessment on their property tax bill. A parallel inspection process is led by the Morgan Hill Fire Department for hazardous vegetation classified as “brush” due to its proximity to structures and location in the wildland urban interface.
The weed abatement program started with over 320 parcels identified this year and the brush abatement program identified an additional list of over 100 parcels of concern. The majority of these parcels were addressed by the property owners in a timely manner. The purpose of this public hearing is to hear public comments about the assessment of 2015 program charges for the 108 parcels with program charges listed on Exhibit A. These 108 parcels have program charges because they met one or more of the following circumstances:
• New to the hazardous vegetation abatement program ($41 fee)
• Failed inspection ($250 fee)
• Abatement work performed ($169 fee in addition to contractor’s charges)
Due to abatement work that occurs late in the fiscal year, Exhibit A does not necessarily include all abatement charges for work conducted this year. These charges, which are not yet finalized, will carryover to 2016 and will be in next year’s program. Due to the 2014 work schedule, there are similarly charges on Exhibit A which have been carried over from 2014.
Following the public hearing, the final stage of the 2015 Weed and Brush Abatement Program is for the Council to order that the abatement expenses be assessed against the property owners’ tax bill. This is accomplished by adopting the attached resolutions. The resolutions authorize the transmission of the 2015 Weed and Brush Abatement Program Final Assessment Report to the Santa Clara County Assessor’s Office, and requests that liens be posted against the properties listed on the Report. This action must be completed in August.
Public Notification
This public hearing was properly noticed over ten days in advance of the public hearing and the list of affected parcels was posted outside the City Council Chambers accordingly. In addition, courtesy letters notifying the property owners of this public hearing were mailed out last week.
COMMUNITY ENGAGEMENT: Empower
The hazardous vegetation abatement program relies on a full range of community engagement approaches. Much of it begins when the County Program or City Fire Department informs a property owner that a hazardous situation has been observed on their property. The notification packet is attached. The owner is given several months during which he or she may consult and work together with program staff to understand the situation and the needed remedies. Ultimately, each property owner is invited and empowered to remedy the situation themselves in order to minimize their program charges while maintaining public safety. In addition, many of the properties on the original list get onto the list as a result of a complaint from a community member about a hazardous situation.
ALTERNATIVE ACTIONS:
The distinct purpose of this public hearing is to give the City Council an opportunity to hear any concerns that property owners have about proposed charges. In considering these concerns, the Council may choose to amend or not approve the charges proposed for a particular property.
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
This is a process that repeats annually and the Council last considered program charges on July 16, 2014. For this year’s program, the Council authorized the County to commence the program on January 21, 2015.
FISCAL AND RESOURCE IMPACT:
The Hazardous Vegetation Management Program is user fee supported. The per-lot assessment includes costs for doing the vegetation and brush control work plus the overhead cost to administer the Program. Overseeing the City’s responsibilities related to this program is an activity included in the Community Services Department work program.
CEQA (California Environmental Quality Act):
Categorical Exemption
These activities are categorically exempt from environmental review under the California Environmental Quality Act pursuant to California Code of Regulations, Title 21, Section 15308 (Actions by Regulatory Agencies for Protection of the Environment).
LINKS/ATTACHMENTS:
Exhibit A - List of All Parcels with Program Charges
Resolutions
Program Materials Mailed to Property Owners