03 Staff Report - Ordinance Establishing Wildland-Urban Interface Fire Area
MEETING DATE: 02-17-09 AGENDA ITEM:-3 COUNCIL AGENDA REPORT DATE: February 9, 2009 TO: MAYOR AND TOWN COUNCIL FROM: ORRY P. KORB, TOWN ATTORNEYgV SUBJECT: ADOPT ORDINANCE ESTABLISHING
WILDLAND-URBAN INTERFACE FIRE AREA RECOMMENDATION: Adopt ordinance establishing Wildland-Urban Interface Fire Area. DISCUSSION: On February 2, 2009, Council voted to introduce an ordinance
establishing a Wildland-Urban Interface Fire Area. The State's Government Code Sections 51175 through 51189 requires a local agency to designate and adopt fire zones. Adoption of the
ordinance completes Council's action on this matter. Mayor Wasserman and Council member Rice did not patiicipate in the decision on this item due to conflicts of interest involving their
personal residences, which are located in the affected area. They should state on the record that they are not voting on this item on consent. Vice Mayor McNutt had a similar conflict,
but was permitted to participate under the rule of necessity in order to ensure a quorum to enact this ordinance, which requires a minimum of three votes. Vice Mayor McNutt may participate
in the vote on consent. Attachments: Introduced Ordinance PREPARED BY: ORRY P. KORB, TOWN ATTORNEY OPK:dj7JWp [N:\ATY\Reporls\Rcpon Ord Wildland Urban Fire Filc# 301-05
Reviewed by: . po+<>wn Manager S Assistant Town Manager Clerk Finance ---\?"'lU"'''''"''==....:::C'''o.:.:Jn.:.:Jn'''"::.:lI1.:.:ity::L.:D=ev:...:e'''!o'''p:::n:::'e:..:n.:.:l _ Rev:
2112109 1:45 pm Reformatted: 7/19/99
ORDINANCE NOo__ ORDINANCE ESTABLISHING WILDLAND-URBAN INTERFACE FIRE AREA WHEREAS, the State's Government Code Sections. 51175 through 51189 requires the local agency to designate and
adopt fire zones within 120 day of publication; and WHEREAS, the State's Government Code Section 51 189(c) allows local agencies to make amendments to the Very High Fire Hazard Severity
Zones with finds of substantial evidence. WHEREAS, The Santa Clara County Fire Dcpatiment atld Town make findings suppOlied by substatltial evidence to include areas in the WildLand-Urbatl
Interface Fire Area which were not identified as very high fire hazard severity zones by the State in order to provide effective Wildland fire protection. WHEREAS, The Town Council finds
that the Town of Los Gatos experiences low hmuidity, high winds and warm temperatures during the summer months creating conditions which me patiicularly conducive to the ignition and
spread of grass, brush and structure fires, and the remoteness and steepness of hillside at'eas in the Town significantly impacts the ability of emergency responders to extinguish or
control wildlatld or structure fires, and these factors cumulatively mandate special provisions for the creation of defensible space around homes and ignition resistant construction
in tlle hillside at'eas THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS AS FOLLOWS: SECTION I The Wildland-Urban Interface Fire Area Map, identified as Exhibit "A" Attached hereto
and incorporated herein by this reference, is herby designated as the map delineating fire hazard zones for the Town of Los Gatos. N:\ATY\Resos & Ords\ORD Wildland-Urban Interface.doc
I
SECTION II In the event that any part of this ordinance is held to be invalid, the invalid part or parts shall be severed from the remaining portions which shall remain in full force
and effect. SECTION III This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on "20_ and adopted by the following vote as an ordinance of the
Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on , 20_ This ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: NAYS: ABSENT:
ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:\ATYIResos & OrdslORD Wildland-Urban
Interface.doc 2