Staff Report
PREPARED BY: MATT MORLEY
Director of Parks and Public Works
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 05/07/2019 ITEM NO: 4
DATE: APRIL 25, 2019 TO: MAYOR AND TOWN COUNCIL FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: ADOPT A RESOLUTION DECLARING HAZARDOUS VEGETATION (BRUSH) A PUBLIC NUISANCE, ORDER ABATEMENT, AND SET JUNE 18, 2019 AS A PUBLIC HEARING TO HEAR AND CONSIDER ALL OBJECTIONS TO THE PROPOSED REMOVAL OF BRUSH
RECOMMENDATION:
Adopt a resolution (Attachment 1) declaring hazardous vegetation (brush) a public nuisance,
order abatement, and set June 18, 2019 as a public hearing to hear and consider all objections
to the proposed removal of brush.
BACKGROUND:
The Santa Clara County Fire Department manages and implements a hazardous brush
abatement program for the Wildland Urban Interface (WUI) areas within its jurisdictional
boundaries, which includes the incorporated areas of Los Gatos, to provide defensible space for
structures. Early each year, property owners are reminded that they must remove flammable
vegetation from around their home and other structures on their property to create defensible
space. The Town annually adopts a Hazardous Vegetation Abatement Program and works with
the County who serves as the enforcement agent and conducts their own inspections.
In February 2019, the Santa Clara County Fire Prevention Division notified property owners
located within the designated Wildland Urban Interface (WUI) area of their requirement to
comply with the enforced safety regulations related to flammable vegetation abatement.
(Attachment 2).
PAGE 2 OF 4 SUBJECT: ADOPT A RESOLUTION DECLARING HAZARDOUS VEGETATION (BRUSH) A PUBLIC NUISANCE, ORDER ABATEMENT, AND SET JUNE 18, 2019 AS A PUBLIC HEARING TO HEAR AND CONSIDER ALL OBJECTIONS TO THE PROPOSED REMOVAL OF BRUSH DATE: APRIL 25, 2019
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BACKGROUND (continued):
At the time of the notice, property owners are given the option to complete the required work
themselves, hire their own contractor, or elect to schedule the Town of Los Gatos’ authorized
contractor to perform the work.
DISCUSSION:
Below is the scheduled outline for the program:
February 2019 The 2019 Brush Abatement Program letters are mailed to property
owners.
April 1, 2019 Santa Clara County Fire Department (SCCFD) begins conducting the first
property inspections. A door hanger describing the enforced safety
regulations is placed at the property and a copy is mailed to the property
owner’s mailing address.
May 7, 2019 Town Council adopts a Resolution declaring hazardous vegetation (brush)
a public nuisance and sets June 18, 2019 as a public hearing to hear and
consider all objections to the proposed removal of brush.
June 1, 2019 SCCFD begins conducting re-inspections of the properties that were out
of compliance at the time of the first property inspection. Property
owners who are not in compliance at the time of re-inspection will be
identified and notice will be sent to the property owners providing
information about the June 18th public hearing. The Town publishes
notices at least 10 days prior to the public hearing.
June 18, 2019 Town Council conducts a public hearing to hear and consider all
objections to the proposed removal of hazardous vegetation (brush) of
declared non-compliant parcels and orders the abatement of the
nuisance by the Town’s authorized contractor. These charges are applied
to the owner’s next property tax bill.
PAGE 3 OF 4 SUBJECT: ADOPT A RESOLUTION DECLARING HAZARDOUS VEGETATION (BRUSH) A PUBLIC NUISANCE, ORDER ABATEMENT, AND SET JUNE 18, 2019 AS A PUBLIC HEARING TO HEAR AND CONSIDER ALL OBJECTIONS TO THE PROPOSED REMOVAL OF BRUSH DATE: APRIL 25, 2019
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DISCUSSION (continued):
June 2019 After the June 18th public hearing, an additional inspection of all
identified properties will be conducted prior to the Town’s authorized
contractor ordering any abatement work. If the property is found to be
in compliance at the time of the re-inspection or upon the arrival of the
abatement contractor, no work will be done, and no charges will be
imposed.
July 2019 The County provides the Town with an assessment list of charges for
work performed by the contractor. If there are no proposed charges, no
additional public hearing is required.
August 6, 2019 In the event a list of assessed charges is presented to the Town in July,
the Town Council will conduct a public hearing on the hazardous
vegetation (brush) abatement charges and adopt a resolution confirming
or modifying assessments.
August 7, 2019 The Town Clerk submits a list of charges as a special assessment to the
County Tax Collector.
CONCLUSION:
Adopt a resolution declaring hazardous vegetation (brush) a public nuisance, order abatement,
and set June 18, 2019 as a public hearing to hear and consider all objections to the proposed
removal of brush.
COORDINATION:
This program is coordinated with the Santa Clara County Fire Department.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
PAGE 4 OF 4 SUBJECT: ADOPT A RESOLUTION DECLARING HAZARDOUS VEGETATION (BRUSH) A PUBLIC NUISANCE, ORDER ABATEMENT, AND SET JUNE 18, 2019 AS A PUBLIC HEARING TO HEAR AND CONSIDER ALL OBJECTIONS TO THE PROPOSED REMOVAL OF BRUSH DATE: APRIL 25, 2019
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FISCAL IMPACT:
Funds are provided in the FY 2018-19 Budget (Program 5101) to cover the cost of publishing the
legal notice.
Attachments:
1. Resolution declaring hazardous vegetation (brush) a public nuisance, order abatement, and
set June 18, 2019 as a public hearing to hear and consider all objections to the proposed
removal of brush with Exhibit A.
2. Letters sent to property owners within the Wildland Urban Interface (WUI) area.
Distribution:
Julie Linney, Deputy Chief of Fire Prevention, Central Fire District, 14700 Winchester Boulevard, Los
Gatos, CA 95030
Moe Kumre, Manager, Consumer and Environmental Protection Agency, County of Santa Clara, 1553
Berger Drive, San Jose, CA 95112