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
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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