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13 Staff Report.Weed Abatement with attachments PREPARED BY: Meredith Johnston Administrative Technician Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Parks and Public Works Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 01/16/2024 ITEM NO:13 DATE: December 18, 2023 TO: Mayor and Town Council FROM: Laurel Prevetti, Town Manager SUBJECT: Weed Abatement Public Hearing to Consider Objections to the Proposed Abatement of Hazardous Vegetation (Weeds) for Properties Listed on the 2024 Weed Abatement Program Commencement Report and Order the Abatement RECOMMENDATION: Weed abatement public hearing to consider objections to the proposed abatement of hazardous vegetation (weeds) for properties listed on the 2024 Weed Abatement Program Commencement Report (Attachment 1) and order the abatement. BACKGROUND: The Weed Abatement Program (the Program) is a different, but complementary program to the Brush Abatement Program. Both programs work to protect the Town by preventing fire hazards created by vegetative growth and the accumulation of combustible debris with the goal of voluntary compliance. The Town of Los Gatos Municipal Code Chapter 11, Article II, requires property owners to prevent potential fire hazards to provide protection for the property and any nearby structures by clearing hazards. The Program is administered by the County on behalf of the Town and is funded from fees assessed on the properties included on the assessment list. Every year while in the Program, each of the property owners are charged an annual compliance inspection fee and some incur costs for additional inspections, administrative, and abatement fees. Typically, a property is placed in the Program after a County inspector identifies a potential fire hazard on the premises. Fire Departments, Code Enforcement, Public Works, and other public PAGE 2 OF 4 SUBJECT: Weed Abatement Program Public Hearing to Consider Objections to the Proposed Abatement of Hazardous Vegetation (Weeds) for Properties Listed on the 2024 Weed Abatement Program Commencement Report and Order the Abatement DATE: December 18, 2023 BACKGROUND (continued): agencies can also submit complaints to the County. Once a parcel is placed in the Program, it will remain until it displays compliance for three consecutive years, at which point it will be removed. Property owners in the Program are given the opportunity to abate their weeds prior to receiving an annual compliance inspection by County staff to confirm if the property has been cleared of hazards according to the requirements defined in the Santa Clara County Weed Abatement Program https://weedabatement.santaclaracounty.gov/home. If the property owner has not complied with the requirements of the Program by the time of the County inspection, then the Town authorizes the County to remove the weeds. The County recovers its costs through a special assessment on each parcel’s property tax bill. The Program is administered by the County on behalf of the Town and is funded from fees assessed on the properties included on the assessment list. Every year while in the program, each of the property owners is charged an annual compliance inspection fee and some incur costs for additional inspections, administrative, and abatement fees. The annual compliance inspection fee is currently $92. DISCUSSION: On December 5, 2023, the Town Council passed Resolution 2023-66 (Attachment 2) declaring hazardous vegetation (weeds) a public nuisance, providing for their abatement, and setting January 16, 2024 as a public hearing for the annual program to consider objections for proposed removal and to order the abatement. On December 18, 2023, the County mailed informational weed abatement program packets to all property owners, including the schedule and price list (Attachment 3). The weed abatement process consists of eight steps that begin in November and go through August of each year. Currently, the process is at Step 4 on the list as illustrated below. 1. When properties are identified as having hazardous weeds, they are placed in the program, monitored, and must be compliant for three consecutive years in order to be removed from the program. County prepares a report of all properties that have been identified and provides the report to the Town (Attachment 1) (November). PAGE 3 OF 4 SUBJECT: Weed Abatement Program Public Hearing to Consider Objections to the Proposed Abatement of Hazardous Vegetation (Weeds) for Properties Listed on the 2024 Weed Abatement Program Commencement Report and Order the Abatement DATE: December 18, 2023 DISCUSSION (continued): 2. Town Council adopts resolution declaring weeds a nuisance and sets a hearing date to hear objections by property owners to having their property listed on the report (Attachment 2) (December). 3. County sends notice to property owners on the report notifying them of the hearing date, along with guidelines on the Weed Abatement Program explaining that they must remove weeds by the abatement deadline or it will be done for them, and the cost of the abatement plus administrative costs will be assessed by the County Tax Collector against the respective property (Attachment 3) (December). 4. Town Council holds a public hearing to consider objections by property owners and orders abatement (January). 5. County sends a courtesy letter to property owners on the report notifying them again of the abatement deadline (January). 6. After the April parcel abatement deadline, the properties are inspected by the County to verify that weeds were removed and proceeds with abatement if the inspection fails. County creates an assessment report of all costs associated with the abatement and provides that report to the Town (June-July). 7. Town notifies the property owners on the assessment report notifying them of the hearing date (July). 8. Town Council holds a public hearing, notes any disputes, and adopts a resolution confirming the assessment report, authorizing collection of the assessment charges (August). CONCLUSION: Staff recommends that the Council conduct a public hearing to consider objections to the proposed abatement of hazardous vegetation (weeds) for properties listed on the 2024 Weed Abatement Program Commencement Report (Attachment 1) and order the abatement. At the time of this report’s preparation, staff had not been contacted regarding potential objections. PAGE 4 OF 4 SUBJECT: Weed Abatement Program Public Hearing to Consider Objections to the Proposed Abatement of Hazardous Vegetation (Weeds) for Properties Listed on the 2024 Weed Abatement Program Commencement Report and Order the Abatement DATE: December 18, 2023 COORDINATION: This program has been coordinated with the Santa Clara County Consumer and Environmental Protection Agency - Weed Abatement Program. FISCAL IMPACT: The County’s Weed Abatement Program administers services for 12 local agencies under a cost recovery model, paid for by fees imposed on the parcel owners. The estimated program cost related to each agency is based on the number of parcels per agency. Should the funding associated with the assessments fall short of the total program cost, the Town will be billed for a pro-rata share of the program such that the County achieves full cost recovery. If the County needs to request additional funds, this would be absorbed in the Parks and Public Works Operating Budget. Funds are provided in the Fiscal Year (FY) 2023/24 Operating Budget to cover the cost of publishing all required legal notices. ENVIRONMENTAL ASSESSMENT: In accordance with CEQA Guidelines Section 15304, the Town’s weed abatement program is categorically exempt from CEQA as a minor alteration to land. Attachments: 1. 2024 Weed Abatement Program Commencement Report 2. Resolution 2023-66 3. Abatement Program Packet Mailed to Parcel Owners ATTACHMENT 1 2024 Weed Abatement Program Commencement Report Town of Los Gatos Situs APN 831 POLLARD RD 406-26-011 102 VIA TERESA 407-12-016 CALLE MARGUERITA 409-04-049 MARGUERITA 409-04-052 0 409-08-001 17349 WEDGEWOOD AV 409-14-017 14344 LA RINCONADA DR 409-14-019 14330 LA RINCONADA DR 409-14-020 14341 BROWNS LN 409-14-035 14329 MIULLBERRY DR 409-15-021 17631 WEDGEWOOD AV 409-17-010 105 NEWELL AV 409-24-026 14810 CLARA ST 409-25-030 14821 GOLF LINKS DR 409-27-005 14885 LA RINCONADA DR 409-32-004 14635 GOLF LINKS DR 409-46-025 16245 BURTON RD 424-06-115 BURTON RD 424-06-116 14823 LOS GATOS BL 424-07-065 14990 TERRENO DE FLORES LN 424-10-004 14926 LOS GATOS BL 424-10-009 16171 SUN RAY DR 424-19-070 15545 BENEDICT LN 424-20-008 15710 WINCHESTER BL 424-27-013 0 LAUREL AV 510-41-068 72 FAIRVIEW PLAZA 510-43-010 WOOD RD 510-46-006 WOOD RD 510-46-007 110 WOOD RD 510-47-038 138 WOOD RD 510-47-044 148 HILLBROOK DR 523-11-018 UNION AV 523-42-011 15970 QUAIL HILL RD 527-01-014 101 DRYSDALE DR 527-04-008 16084 GREENRIDGE TR 527-15-002 LARGA VISTA DR 527-16-013 14850 BLOSSOM HILL RD 527-18-014 401 SURMONT DR 527-20-002 14510 BLOSSOM HILL RD 527-23-027 110 BELVALE DR 527-30-020 ATTACHMENT 1 Situs APN 125 BELVALE DR 527-30-028 175 BELWOOD GATEWAY 527-30-032 103 PANORAMA WY 527-42-026 310 SANTA ROSA DR 527-55-036 118 HARWOOD CT 527-56-020 112 HARWOOD CT 527-57-008 615 BLOSSOM HILL RD 529-16-026 17047 PINE AV 529-20-011 BELLA VISTA AV 529-23-015 BELLA VISTA AV 529-23-016 405 ALBERTO WY 529-23-018 BELLA VISTA AV 529-23-019 BELLA VISTA AV 529-23-020 50 RESERVOIR RD 529-29-065 30 RESERVOIR RD 529-29-066 39 RESERVOIR RD 529-33-022 140 FOSTER RD 529-37-015 529-39-047 TWIN OAKS DR 532-16-006 16508 KENNEDY RD 532-17-025 16461 KENNEDY RD 532-17-027 16481 SHORE PINE RD 532-17-028 150 BROOKE ACRES DR 532-18-039 17511 PHILLIPS AV 532-39-009 17435 PHILLIPS AV 532-39-013 15312 KENNEDY RD 537-15-001 15220 KENNEDY RD 537-15-004 14050 SHANNON RD 537-17-027 233 FORRESTER RD 537-21-010 229 FORRESTER RD 537-22-011 210 WOODED VIEW DR 537-23-046 15876 SHANNON RD 537-26-009 15780 SHANNON RD 537-26-016 15760 SHANNON RD 537-26-018 209 FORRESTER RD 537-28-005 16060 CERRO VISTA DR 537-30-004 15975 CERRO VISTA DR 537-30-007 16380 HARWOOD RD 567-18-068 ATTACHMENT 2 ATTACHMENT 3 (over) TRA 03 Notice to Destroy Weeds NOTICE IS HEREBY GIVEN that on December 5, 2023, pursuant to the provisions of Section 11.20.020 of the Town Code of the Town of Los Gatos, the Town Council of said Town adopted a Resolution declaring that all weeds growing upon any private property or in any street, sidewalk or alley, as defined in Section 11.20.020 of such code, constitute a public nuisance, which nuisance must be abated by the destruction or removal thereof. NOTICE IS FURTHER GIVEN that property owners shall within thirty days after the adoption of such resolution, or within the time specified in a written agreement with the Director of Parks and Pubic Works of the Town of Los Gatos, or the Director of Parks and Pubic Works' representative, whichever time shall be later, remove all such weeds from their property, the abutting sidewalks, and the abutting half of the street in front, and alleys, if any, behind such property, and between the lot lines thereof as extended, or such weeds will be destroyed or removed and such nuisance abated by the Town of Los Gatos, in which case the cost of such destruction or removal will be assessed upon the lots and lands from which, or from the front or rear of which, such weeds shall have been destroyed or removed; and such cost will constitute a lien upon such lots or lands until paid, and will be collected upon the next tax roll upon which general municipal taxes are collected. All property owners having any objections to the proposed destruction or removal of such weeds are hereby notified to attend a meeting of the Town Council of such Town to be held in the Council Chambers of said Town at 110 East Main Street, Los Gatos, California, on Tuesday, January 16, 2024 at 7:00 p.m., or as soon thereafter as the matter can be heard, when their objections will be heard and given due consideration. The language and format for this notice is required by California Health and Safety Code Sections 14891 Et. Seq. (over) LOS GATOS WEED ABATEMENT PROGRAM SCHEDULE January 16, 2024 Public hearing to consider objections to Abatement List. April 15, 2024 PARCEL ABATEMENT DEADLINE Parcel must be free from hazardous vegetation by this date or Inspector will order abatement. July-August, 2024 Assessment Hearing to protest abatement charges (Date subject to change, please confirm with City Clerk) 2024 COUNTY WEED ABATEMENT FEES Properties in the Weed Abatement Program, you will be responsible for an annual inspection fee of $96.00 per parcel. Please be advised that the property owner of any parcel found to be non-compliant on or after the April 15th deadline will be charged a processing fee of $546.00 and the property will be scheduled for abatement by the County contractor. If you complete the abatement work before the County contractor performs the abatement, you will not incur further charges. Should the abatement work be performed by a County contractor, you will be assessed the contractor’s charges plus a County administrative fee of $884.00 per parcel. 2024 COUNTY CONTRACTOR’S WEED ABATEMENT PRICE LIST A) Disc Work** PARCEL SIZE: 1st Disc + 2nd Disc = Total Discs 0-12,500 sq.ft. $424.26 $170.56 $594.83 12,501sq.ft.- 43,560sq.ft. $424.26 $170.56 $594.83 Larger than 1 Acre $308.19 $150.51 $458.70 (PER ACRE) ** It is required that parcels be disced twice a year. The cost for the first discing is higher due to additional work normally required during the first discing. B) HANDWORK $5.73 PER 100 Square Feet (SF) C) FLAIL 6 Foot Mower $7.31 PER 1,000 SF MOWING 12 Foot Mower $7.31 PER 1,000 SF D) LOADER WORK $175.31 PER HOUR E) DUMP TRUCK $161.82 PER HOUR F) BRUSH WORK $5.47 PER 100 SF G) DEBRIS REMOVAL $60.20 PER HOUR H) DUMP FEE 100% Added to orders with debris removal at 100% of the dump site charge. *Please note this program does not offer herbicide application as a method of abatement. Sam p l e MINIMUM FIRE SAFETY STANDARDS (MFSS) Fire Safety Through Vegetation Management Fire Resistant Landscaping Santa Clara County Consumer and Environmental Protection Agency Weed Abatement Program 1553 Berger Drive #1  San Jose, Ca 95112  Phone (408) 282-3145  Fax: (408) 286-2460  SCC.WeedAbatement@cep.sccgov.org 1. Vegetation must not exceed 6 inches in height any time after the compliance deadline. 2. Maintain grasses and weeds below 6 inches for 10 feet horizontally on both sides of all roadways, including driveways and access routes. Roads and driveways must maintain a clearance of 10’ W by 13’6” H for all vegetation. 3. Clear flammable vegetation a minimum of 30 feet around any structure, occupied or not. Ornamental vegetation should be kept clear of dead material. Some conditions, such as slopes, may require up to a 100 foot clearance. 4. Parcels one acre or less shall be completely abated. Parcels over one acre up to five acres require 30 foot clearance around structures and perimeter property lines. Additional 30 foot cross fuel breaks may also be required. 5. Parcels larger than five acres require 30 foot clearance around structures and perimeter property lines in addition to 30-foot cross fuel breaks as needed to separate the remaining vegetation into sections no larger than five acres. 6. Keep property clear of accumulation of combustible debris, such as trash, wood, and dead vegetation. Stacked firewood and neatly piled yard waste is not considered to be combustible debris. 7. Keep vegetation cleared from under the eaves of houses. 8. Trim tree branches to at least 10 feet away from chimneys. Trim tree branches up from the ground to provide at least 6 feet of vertical clearance. 9. Clear leaves, pine needles and debris from roof and gutters. The following is a partial list of fire resistant plants that you may choose to use around your home to reduce the risk of fire. Contact your local nursery for selections appropriate to your area. All grasses, including those purportedly fire resistant, must be maintained below 6” in height. Trees: African Sumac California Pepper Shrubs: Bearberry Carmel Creeper Carolina Cherry Catalina Cherry Escallonia Hopseed Bush Lemonade Berry Groundcover: Aaron’s Beard Australian Daisy Candytuft Sterile Capeweed Freeway Daisy Rock Rose (except Gum Variety) The Santa Clara County Weed Abatement Program The Santa Clara County Consumer and Environmental Protection Agency and your city are working together to protect your community from fire. We need your help. Please read and follow the directions provided in this brochure regarding fire prevention on your property. The purpose of the Weed Abatement Program is to prevent fire hazards posed by vegetative growth and the accumulation of combustible materials. The Weed Abatement program is entirely funded from fees charged to residents. Fees will be assessed for any property in the program. This is to cover the cost of the compliance inspection for the property. Properties that fail the compliance inspection will be charged a failed inspection fee, even if the resident completes the weed abatement. If the property requires abatement by the County contractor, the property owner will be responsible for the actual cost of abatement plus an administrative fee. Properties that meet and maintain the minimum fire safety standards will not be charged other than the annual fee. Program staff annually inspect parcels at the beginning of the fire season, which is typically in March or April depending on your jurisdiction. If the parcel is not in compliance at the time of inspection, the property owner will be charged a failed inspection fee, and the owner will be sent a courtesy notice as a reminder to abate the weeds. If the weeds are not abated by the property owner, the work will be completed by the County contractor. The property owner will pay the contractor’s fees plus a County administrative fee. All fees will be included in your property tax bill. Our Goal Is Voluntary Compliance Property Owner’s Responsiblilities • Do not allow a fire hazard to exist on your property. The Minimum Fire Safety Standards (MFSS) in this brochure give you guidelines to follow in order to maintain your property and protect against a fire hazard. Please contact our office if you need guidance or have any questions regarding the requirements! • Make arrangements to have your property maintained throughout the year. Contractors can be found in the yellow pages. You may choose to have the County contractor maintain your property. A current price list is included in your packet. • Please complete and return the Reply Form provided in your mailing packet by the date on the form. Indicate your preference regarding performance of weed abatement services. Program Staff Responsibilities • Weed Abatement Inspectors will perform periodic inspections on all parcels included in the Santa Clara County Weed Abatement Program. Properties that fail the compliance inspection will be charged a failed inspection fee, even if the resident completes the weed abatement. • Inspectors will order the County contractor to perform all necessary abatement work on any parcel where the MFSS are not met. An attempt will be made to give the owner a courtesy notice prior to releasing the work order. • The County contractor uses several methods of abatement including discing and handwork. The property owner is free to select whatever method they choose, provided the MFSS of all federal, state and local laws are met. • The Weed Abatement Program will place inspection costs and the charges for County contractor services plus a County administrative fee on the property owner’s tax bill during the next fiscal year. Burrowing Owls Frequently Asked Questions Q. Why have I received an Abatement Notice? A. Typically, a property is placed on the program if a Weed Abatement Inspector identified a potential fire hazard on the property. Fire Departments and other agencies also submit complaints to the Weed Abatement Program. Q. What is required of me now that I am in the Program? A. All property owners are required to maintain their property free of fire hazards throughout the year. Q. The grasses planted on my property are fire resistant. Are they exempt from the Weed Abatement program? A. No. Even grasses that possess some fire resistant qualities are not fire proof, and they can add fuel to any site that is subject to a fire. Additionally, fire resistant grasses are rarely found in a pure, homogenous stand but rather are usually found to occur mixed with other common introduced annual grasses that are highly flammable and hazardous in a fire event. Finally, many grasses occur in Santa Clara County and species identification is difficult in the field, especially after the spring when the reproductive portions required for identification have dried and dispersed. Weed Abatement Inspectors can only focus on the presence of grasses and weeds on your property and the Minimum Fire Safety Standards, and not on grass species identification. Therefore, all grasses are required to be below 6 inches in height. Q. What is the SC County Weed Abatement Program? A. This is a monitoring program and our primary objective is voluntary compliance. See the first two paragraphs of this brochure for further specifics. These small owls nest in abandoned ground squirrel burrows. Discing collapses the burrows and kills the young. These owls are listed as a state Species of Special Concern and are protected by the federal Migratory Bird Treaty Act. If you suspect burrowing owls on your property you must use another form of weed abatement such as mowing or weed- eating. If you request the County perform abatement services, please notify program staff or your City if burrowing owls are known to exist on your property. More FAQ: Q. How long will I be on the Program? A. Your property will remain on the Program for three years. If no hazards are found during that time, your property may be removed from the program. Q. How much will this cost me? A. There will be an annual fee to cover the cost of the compliance inspection. If the parcel does not meet the MFSS when it is first inspected in the spring, or if work is required by the County contractor, you will be charged additional fees. Our goal is to ensure that the MFSS are met at the lowest possible cost to the property owner. Q. How will I be billed? A. Any charges for the inspection and any abatement work performed will appear as a special assessment on your next property tax bill. Q. Why have you performed work on my property while the vegetation is still green? A. Grass, weeds or piles of combustible debris have been declared a public nuisance by your jurisdiction. Abating fire hazards in the spring minimizes the volume of combustible material before the hazards increase and dries out completely during the peak fire season. Q. Will you notify me prior to beginning abatement work? A. Property owners are responsible for preventing fire hazards on their property. If the MFSS have been met, but further work is necessary, you will receive notice prior to the County contractor performing the work. If the MFSS have not been met, an attempt will be made to give the owner a courtesy notice prior to initial abatement. Q. Where can I find someone to provide abatement services? A. Weed Abatement contractors can be found in the Yellow Pages under “Weed Control Services” or “Discing Services”. You may have the County contractor perform the necessary work; see your mailing packet for a current price list as administrative costs are charged. Q. How can I get additional information or assistance regarding the specific requirements for my property? A. Weed Abatement Inspectors are available to assist you and answer your questions. Please call our Customer Service line at (408) 282-3145 to schedule a consultation with program staff or to obtain additional information. Q. I have Grazing Animals do I need to perform abatement? A. Grazing animals do not absolve you of your responsibilities to provide a fire safe condition on your property. You will need to check with our office to determine if grazing is adequate or if additional work is required.