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CC 08-06-01 AGENDA CUPERTINO CITY COUNCIL ~ REGULAR ADJOURNED lVlEETING 10300 Torre Avenue, City Hall Council Chamber Monday, August §, 12:00 p.m. PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS - PRESENTATIONS POSTPONEMENTS WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will pwhibit the council fiom making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that iteois under the Consent Calendar be acted on simultaucously. 1. Resolution agreeing to payment for election services to be provided by the Santa Clara County Registrar of Voters, Resolution No. 01-169. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS PLANNING APPLICATIONS UNFINISHED BUSINESS NEW BUSINESS 2. Hcaring to provide for lien assessment and collection resulting from abatement of public nuisance (weeds and brush), Resolution No. 01-170. ~Co ~ a~ cc~o j'-'~ A. Open hearing and receive testimony 19:/~ ~ B. Close hearing and authorize the Fire Marshal to enter the asses.,rment on the tax rolls August 6, 2001 Cupertino City Council Page 2 ORDINANCES STAFF REPORTS COUNCIL REPORTS Mayor lames: Cupertino Audit Committee Economic Development Team Environmental Review Committee - Alternate Leadership Cuperl/no Lcgislative Review Committee Library Steering Committee Northwcst Flood Control Zone Advisory Committee - Alternate Santa Clara County Cities Association Santa Clara County Emergency Preparedness Commission Teen Task Force West Valley Mayors and City Managers Vice-Mayor Lowenthal: Animal Control JPA Association of Bay Area Governments Cupertino Audit Committee Economic Development Team Environmental Review Committee Santa Clara County Cities Association - Alternate Santa Clara County Cornmittee on Hous/ng and Community Development Block Grant ~o~ra~ - Altmte Santa Clara County Library District JPA Board of Directors Santa Clara County Tran,qportation Agency Policy Advisory Committee - Alternate Teen Task Force - Alternate West Valley Mayors and City Managers- Alternate ,? Councilmember Bumett: ABAG Board of Directors, Santa Clara County Cities Association Representative North Central Flood Control Zone Advisory Committee Northwest Flood Control Zone Advisory Committee Public Dialog Liaison Santa Clara County Committee on Housing & Community Development Block Grant Program . Santa Clara County Library District JPA Board of Directors - Alternate Santa Clara County Solid Waste Commission - North County representative Santa Clara County Transportation Agency Policy Advisory Committee Santa Clara Valley Water Commission August 6, 2001 Cupertino City Council Page Councilmember Chang: Association of Bay Area Governments - Altu,~mte Leadership Cupertino Legislative Review Committee Library Steering Committee Public Dialog Liaison Santa Clara County Emergency Preparedness Commission- Alte~-mte Sistcr City Committee - Toyokawa CLOSED SESSION Please note that the regular evening meeting of Au/ust 6 has been cancelled. The next regular meeting will be held on Monday, August 20 at 6:45 p.m. RESOLUTION NO. 01-169 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AGREEING TO PAYMENT FOR ELECTION SERVICES PROVIDED BY THE SANTA CLARA COUNTY REGISTRAR OF VOTERS WHEREAS, the City Council has called a general municipal election for Noveiiiber 6, 2001, to fill three city council seats, and a special election related to the annexation of the area known as "Garden Gate 01-02"; and WHEREAS, the Board of Supervisors of the County of'Santa Clara was requested to peL~L~it thc Registrar of Voters of said County to render services relating to the conduct of said general municipal election; NOW, THEREFORE, BE IT RESOLVED The Cupertino City Council hereby accepts thc usual and customary term~ and conditions of the performance of said election services by the Registrar of Voters; and the City Council further agrees to make payments as may be set forth in a billing to thc City of Cupertino from thc Registrar of Voters prescribing the amount due for costs incurred from thc rendering of election services, all as provided by thc provisions of Section 10416 of the Elections Code of the State of California. The City Clerk is hereby directed to transmit a copy hereof to thc Board of Supervisors of the County and to file a certified copy with the Registrar of Voters of the County. PASSED AND ADOPTED at a regular meeting of the'City Council of the City of Cupertino this 6th day of August 2001 by the following vote: Vote Memb~L~ of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino ' _~".~l~,~ Cit~ Hall 10300 Torte Avenue Cupertino, CA 95014-3255 Telpher: (408) 777-3223 CI~ OF F~: (408) 777-3366 CUPE INO OFFICE OF ~E CI~ CLE~ SUMMARY AGENDA ITEM NO. 2 MEETING DATE: August 6, 2001 SUIM-ECT Hearing Regarding Assessments for Weed and Brash Abatement BACKGROUND Chapter 9.08 of thc Cupertino Municipal Code requires property owners to xumove or destroy weeds on their property. Unless the weeds are abated by the property owner, the City Council passes a rcsolution declaring thc weeds a public nuisance. Thc rcsolution also orders the County Fire Marshal to notify the property owners that unless that nuisance is abated, thc Fire Marshal's office will destroy or remove the weeds, and the expense will be assessed upon the property. A copy of thc notice sent to property owners is attached. The County Fire Marshal has abated the nuisance on the parcels listed on Exhibit A of Resolution No. 01-170, which also gives accounting of abatement costs. Affected parties were notified of the hearing, and necessary notice was posted in City Hall. After conducting the public hearing, adoption of Resolution No. 01-170 authorizes the Fire Marshal to enter the assessment on the tax wlls. The assessment is then collected with the other taxes on the property. STAFF RECOMMENDATION Conduct public hearing; adopt Resolution No. 01-170. Submitted by: Approved for submission to the City Council: David W. Knapp City Clerk City Manager RESOLUTION NO. 01-170 A RESOLUTION OF THE CITY COUNCIl. OF THE CITY OF CUPERTINO PROVIDING FOR LIF~N ASSESSMF. NTS AND FOR ~ COLLECTION OF SAME RESULTING FROM TI-IE. ABATElV~.NT OF PUBLIC NUISANCES WHEREAS, after due notice a public hearing thereon was held at a regular meeting of the City Council on December 4, 2000, at which time the City declared the growth of weeds, the accumulation of garbage, refuse, cuttings and other combustible trash upon certain properties as described in City of Cupertino Resolution No. 00-267 to be a public nuisance; and WHEREAS, from evidence presented, both oral and written, the City Council acquired jurisdiction over and abated said nuisances; and WHEREAS, affected property owners were advised that a hearing would be held at the City Council meeting of August 6, 2001; and WHEREAS, said hearing was held by the City Council at the time and place fixed for the receiving and considering of such report and proposed assessment. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby conf~,,n that the costs of abating said nuisances shall be as set forth on Bxhibit A attached hereto and made a part hereof and said costs shall constitute a lien on thc affected property. BE IT FURTHER RESOLVED that the County Fire Marshal shall cause thc amount of the assesaments to be enteied on the County Assessment Roll opposite the descripti°n of the particular property, which assessment so entered on the County rolls shall be collected together with all other taxes thereon upon the property at the same time and in the same manner, as general City taxes are collected and shall bo subject to the same penalties and interest, and the pwcedures and sale in the case of delinquency as provided for City taxes. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of August 2001, by the following vote: Resolution No. 01-170 Vote Members of the Ci.ty Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVEDi City Clerk Mayor, City of Cupertino County of Santa Clara Environmental Resources Agency Fire Marsllal's Office - Santa Clara County Fire Deparlnlcnt County Goven'~ment C. entcr, East willg 70 west He.~ldlng Street, 7th Floor ~,~~) San Jose, California 951 I 0-1705 (408) 299-3805 FAX 279-8537 Dear Property Owner; Your property has been placed on the Special Assessment Tax Roll for hazardous vegetation abatement services pursuant to Section 9.08 of the Cupertino Municipal Code. An assessment list, posted at City Hall, provides information regarding specific charges. Charges to your property can be located on the list using the parcel n~mber. If you have any questions please leave a message for the Hazardous Vegetation Abatement Supervisor, Santa Clara County Nire Marshal's Office, (408) 299-3805 ext. 211. Your call will be returned within three business days NOTICE OF HEARING ON REPORT AND ASSESSMENT FOR WEED ABATEMENT NOTICE IS HEREBY GIVEN that on July 27, 2001, the County Fire Marshal filed with the City Clerk a report and assessment of abatement of weeds within the City, copies of which are posted in the main lobby of the city offices. NOTICE IS NURTHER GIVEN that on August 6, 2001, at the hour of 6:00 p.m. in the chambers of the City Council said report and assessment list will be presented for consideration and confirmation, and that any and all persons interested, having any objections to said report and assessment list, or to any matter or thing conta~ed therein, may appear at said time and place and be heard. Dated this twenty-fifth day of July 2001. azar o~ ,~,,~uon Program Coordinator Boar~l of Sul~rvL, iors: Donald E Gage. Blanca Alvarado. Pete McHtq~ll. James T. Be~ll Jr.. LJz IQ~Iss ~ Counly £xccutlvc: Richard Wiue, nberg i~ ' q ""