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Staff Report°w" f MEETING DATE: 05/05/15 ITEM NO: 3 COUNCIL AGENDA REPORT DATE: APRIL 23, 2015 TO: MAYOR AND TOWN COUNCIL FROM: LES WHITE, INTERIM TOWN MAN SUBJECT: STAFF RECOMMENDS THAT THE TOWN COUNCIL ADOPT A RESOLUTION DECLARING HAZARDOUS VEGETATION (BRUSH) A PUBLIC NUISANCE AND PROVIDING FOR ABATEMENT AND SETTING JUNE 2, 2015 AS A PUBLIC HEARING TO HEAR PROTESTS ON THIS ANNUALPROGRAM RECOMMENDATION: Staff recommends the Town Council adopt a resolution declaring hazardous vegetation (brush) a public nuisance and providing for abatement and setting June 2, 2015 as a public hearing to hear protests on this annual program. BACKGROUND: Hazardous vegetation (brush) poses a fire threat during the summer months and property owners are required to address and control this issue. To eliminate hazardous vegetation the Town annually adopts a Hazardous Vegetation Abatement Program. The Town conducts this program with Santa Clara County (County) as the inspection and enforcement agent. More information on the program can be found on the County's website: www.sccgov.org/sites /wap. DISCUSSION: Under the program, the County notifies property owners with hazardous vegetation as established in the County's Minimum Fire Safety Standards, giving the property owner an opportunity to abate the hazardous vegetation. If the property owner does not address the hazardous vegetation within the prescribed amount of time, the County's contractor addresses the necessary work and the County, assesses the cost on the owner's property tax bill. PREPARED BY: MATT MORLEY '� Director of Parks and Publi Wor s Reviewed by: Assistant Town Manager wn Attorney /! Finance PAGE 2 APRIL 23, 2015 MAYOR AND TOWN COUNCIL SUBJECT: HAZARDOUS VEGETATION (BRUSH) ABATEMENT DISCUSSION (cont'd): This is a recurring annual program for the Town of Los Gatos, and has been enacted to reduce fire danger. The County manages all follow up and remedies. A complete schedule of the program is as follows: May 5, 2015 Town Council passes resolution declaring hazardous vegetation (brush) a nuisance and sets a public hearing June 2, 2015. May 15, 2015 Clerk Administrator publishes notice of June 2, 2015 public hearing for Town Council to hear protests to proposed charges. (Publish twice - May 15, 2015 and May 22, 2015.) June 2, 2015 Public Hearing — Town Council hears protests and passes resolution allowing or overruling objections and ordering abatement as appropriate and specifying the method of abatement. June 19, 2015 Properties which have not been cleared of hazardous vegetation (brush) are abated by a contractor for the County. July 15, 2015 County returns account and assessment list of charges for work done by contractor. July 24, 2015 Clerk Administrator publishes notice of August 4, 2015 public hearing for Town Council to hear protests to proposed charges. (Publish twice — July 24, 2015 and July 31, 2015.) August 4, 2015 Town Council public hearing on any proposed hazardous vegetation (brush) abatement charges and Council considers a resolution confirming or modifying assessments. August 5, 2015 Town Council returns a list of charges to the County for filing with the County Tax Collector as a special assessment. CONCLUSION: Staff recommends the Town Council consider adopting a resolution declaring hazardous vegetation (brush) a public nuisance, providing for abatement, and setting June 2, 2015 as a public hearing to hear protests on this annual program. ALTERNATIVES: Not applicable. PAGE 3 APRIL 23, 2015 MAYOR AND TOWN COUNCIL SUBJECT: HAZARDOUS VEGETATION (BRUSH) ABATEMENT ENVIRONMENTAL ASSESSMENTS: This action is not a project as defined under CEQA, and no further action is required. COORDINATION: This program is coordinated with the Santa Clara County Department of Agriculture Weed Abatement Program. FISCAL IMPACT: Funds are provided in the FY 2015 -16 Budget (Program 5101) to cover the cost of publishing the legal notice. Attachment: I. Resolution declaring hazardous vegetation (brush) a public nuisance, providing for abatement and setting June 2, 2015 as a public hearing to hear protests on this annual program. Distribution: Dirk Mattern, Deputy Chief of Fire Prevention, Central Fire District, 14700 Winchester Boulevard, Los Gatos, CA 95030 Kevin O'Day, Acting Agricultural Commissioner, County of Santa Clara, Department of Agriculture and Environmental Management, 1553 Berger Drive, Building #1, San Jose, CA 95112 Moe Kumre, Program Manager, County of Santa Clara, Department of Agriculture and Environmental Management, 1553 Berger Drive, San Jose, CA 95112 THIS PAGE INTENTIONALLY LEFT BLANK RESOLUTION 2015- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DECLARING HAZARDOUS VEGETATION (BRUSH) A PUBLIC NUISANCE AND PROVIDING FOR ABATEMENT WHEREAS, Sections 39560 and following of the Government Code of the State of California authorize the Town of Los Gatos to declare that hazardous vegetation (brush) growing to such size and such type and in such locations as to constitute a fire hazard to the community may be declared a public nuisance and to compel owners, lessees, or occupants of buildings, grounds, or lots to remove or abate the hazardous vegetation (brush) to mitigate the fire hazard from such buildings, grounds, or lots to remove or abate the hazardous vegetation (brush) to mitigate the fire hazard from such buildings, grounds, property, and adjacent sidewalks and parkways, and upon the person's failure to do so, to remove or abate such hazardous vegetation (brush) at the owner's expense, making the cost of that abatement a lien upon the property; and WHEREAS, the Town of Los Gatos has entered into an agreement with the County of Santa Clara to provide hazardous vegetation (brush) abatement services; and WHEREAS, the maintenance of hazardous vegetation (brush) in violation of the Uniform Fire Code adopted by the Town of Los Gatos in the Wild Land Urban Interface Areas identified and shown on the "Hazardous Fire Area" map constitutes a public nuisance and should be abated immediately; and WHEREAS, the Fire Department has mailed notices to property owners in the Hillside Hazardous Fire Area notifying them of the need to abate hazardous vegetation (brush) violations and explaining the steps necessary to correct such violations. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los Gatos, and the Town Council hereby finds that hazardous vegetation (brush) is a wood, perennial plant usually with multiple stems and trunks under ten feet in height and is indigenous to the hillside area. Hazardous vegetation (brush) is also known to have a high oil, high resin, or low moisture contention in their leaves and branches. Examples of this type of plant material include California Sagebrush, Greaswood or Chamise, Scotch Broom and Toyon. Unabated growth of hazardous vegetation (brush) upon and adjacent to private property within the Hillside Hazardous Fire Area and adjacent parkways and sidewalks is a public nuisance, and should be abated. The Director of Parks and Public Works shall act as the Superintendent for purposes of giving notice, supervising performance of the agreement with the County of Santa Clara, and evaluating the costs of abatement. BE IT FURTHER RESOLVED that the Clerk Administrator is directed to mail notice of this resolution to the persons designated by the Superintendent in conformance with the Government Code and publish notice of this resolution as provided in the Government Code. ATTACHMENT BE IT FURTHER RESOLVED that unless the hazardous vegetation (brush) violations are corrected by June 19, 2015, or within the time specified in a written agreement with the Superintendent or the Superintendent's representative, the Town of Los Gatos shall cause such nuisance to be abated, and the expense thereof assessed upon the lots or lands from which or on which the abatement actions occur, such expense to constitute a lien upon such lots or lands until paid, and to be collected upon the next real property tax roll upon which general municipal taxes are collected. BE IT FURTHER RESOLVED that on the 2nd day of June, 2015, at a meeting of the Town Council beginning at 7:00 p.m. in the Council Chambers of the Civic Center, 110 E. Main Street, Los Gatos, CA, a public hearing will be held during which all property owners in Hillside Hazard Area in the Town of Los Gatos having any objections to the proposed abatement of hazardous vegetation (brush) will be heard and given due consideration. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the Stn day of May, 2015 by the following vote: 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