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DATE:
TO:
FROM:
COUNCIL AGENDA REPORT
MAY 21, 2015
MAYOR AND TOWN COUNCIL
LES WHITE, INTERIM TOWN MANAGE
MEETING DATE: 06/02/15
ITEM NO: I
SUBJECT: ABATEMENT OF HAZARDOUS VEGETATION (BRUSH)
AFTER HOLDING THE REQUIRED PUBLIC HEARING, ORDER
ABATEMENT OF HAZARDOUS VEGETATION (BRUSH)
RECOMMENDATION:
After holding the required public hearing, order abatement of hazardous vegetation (brush).
BACKGROUND:
On May 5, 2015 the Town Council passed Resolution 2015 -025 declaring hazardous vegetation
(brush) a public nuisance and set June 2, 2015 as the date for the public hearing to overrule
objections and order abatement of hazardous vegetation (Attachment 1). The required public
posting and publishing has been completed (Attachment 2). Property owners were mailed a
notice by the Santa Clara County Fire Department (Attachment 3) to remove brush in accordance
with fire safety standards. The public hearing is an opportunity for those objecting to the
potential charges to come forward and be heard.
DISCUSSION:
As part of the annual Brush Abatement Program with Santa Clara County, the Town annually
declares hazardous vegetation (brush) a nuisance due to fire danger and enters into a contract
with the County to abate the hazardous vegetation (brush) not removed by property owners. The
focus of this program is the identification of perennial vegetation, brush, trees, and shrubs in
designated high fire hazard areas.
CONCLUSION:
Staff recommends that the Town Council overrule any objections that are received as of the June
2, 2015 public hearing and order the abatement of hazardous vegetation (brush). No objections
have been received as of the date of this report.
PREPARED BY: MATT MORLEY
Director of Parks and Public Works
Reviewed by: L'A—Assistant Town Manager Town Attorney L
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ABATEMENT OF HAZARDOUS VEGETATION (BRUSH)
MAY 21, 2015
CONCLUSION (cont'd):
After the abatement of hazardous vegetation (brush) has been completed by the County, a Public
Hearing will be conducted on August 4, 2015, where Council will be asked to consider the report
of the County Agricultural Commissioner and adopt a resolution approving the report.
ALTERNATIVES:
Not applicable.
COORDINATION:
This program is coordinated with the Santa Clara County Department of Agriculture Weed
Abatement Program.
FISCAL IMPACT:
There is no fiscal impact.
Attachments:
1. Resolution 2015 -025
2. Notice of Public Hearing
3. Santa Clara County Fire Department Letter to Property Owners
Distribution:
Dirk Mattem, 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 Office of the Agricultural Commissioner,
Agriculture and Environmental Management, 1553 Berger Drive, San Jose, CA 95112
RESOLUTION 2015 -025
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 tots 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 1
HE IT FURTHER RESOLVED that unless the hazardous vegetation (brush)
violations are corrected by June 14, 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 2"'c 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 5 "' day of May, 2015 by the following vote:
COUNCIL MEMBERS:
AYES: Steve Leonardis, Rob Rennie, Marico Sayoc, Barbara Spector, Mayor Marcia Jensen
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
TOWN OF LOS GATOS
OFFICE OF THE TOWN CLERK
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Town Council of the Town of Los Gatos has set
Monday, June 2, 2015 at 7:00 P.M. in the Council Chambers, 110 East Main Street, Los Gatos,
California, as the time and place for a Public Hearing to consider declaring that hazardous
conditions exist on the properties listed and authorize the County contractor to perform the brush
abatement work necessary to comply with the standards.
INTERESTED PERSONS may appear and be heard at this hearing. Please be advised that if
you challenge the nature of any of the above in court, you may be limited to raising only those
issues you or someone else raised at the Public Hearing described in this notice, or in written
correspondence delivered to the Clerk Department prior to the hearing.
/s/ Shelley Neis
Clerk Administrator
PUB: LG 5/15/15 & 5/22/15
ATTACHMENT
C . , • I viol
14700 Winchester Blvd., Los Gatos. CA 95032 -1818
(408) 378 -4010 • (408) 378 -9342 (fax) • www.sccfd.org
Dear property owner,
Your property, which is located in the Wildland -Urban Interface Fire Area, was
recently inspected by the Santa Clara County Fire Department. At that time your
property was found to be non - compliant with Wildland Safety Regulations. Enclosed
is a copy of the notice that was left at the residence and indicates the corrections that
are necessary.
Please note that a public hearing will be held during the Town of Los Gatos council
meeting on June 2, 2015 at 7:00 PM. At that time, all properties identified by the Fire
Department as being non - compliant with Wildland Safety Regulations will be
declared to have hazardous conditions requiring abatement. An additional inspection
of all identified properties will be conducted after the hearing and prior to ordering
any abatement work. If your 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.
If you are interested in having the County of Santa Clara do any brush or weed
removal or wish to have an inspection for a cost estimate, please contact the
Hazardous Vegetation Department at (408) 282 -3145. For your convenience, a price
list indicating the rates for the County Contractor is included with this notice.
If you should have any questions about the information on this notice, please contact
the Fire Prevention Division of the Santa Clara County Fire Department at
(408) 378 -4010.
Organized as the Santa Clara County Central Fire Protection District
Serving Santa Clara County and the communities of Campbell. Cupertino, Los Altos,
Los Altos Hills, Los Gatos. Monte Sereno, and Saratoga
ATTACHMENT
LOS GATOS WEED ABATEMENT PROGRAM SCHEDULE
2015 COUNTY WEED ABATEMENT FEES
Please be advised that the property owner of any parcel found to be non- compliant on or
after the June 1s' deadline will be scheduled for abatement by the County contractor. If you
complete the abatement work before the County contractor perform the abatement, you will
not incur any 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
$169.00 per parcel.
2015 COUNTY CONTRACTOR'S WEED ABATEMENT PRICE LIST
A) Disc Work **
PARCEL SIZE: I' Disc +
0 - 12,500 sq.ft. $188.49
12,501 sq.ft. - 43,560 sq.ft. $219.02
Larger than 1 Acre $93.72
2 °" Disc
= Total Discs
126.36
$314.85
157.97
$376.99
83.19
$176.91 (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
C) FLAIL MOWING
D) LOADER WORK
E) DUMP TRUCK
F) BRUSH WORK
G) DEBRIS REMOVAL
G) DUMP FEE
$3.05 PER 100 sq ft.
6 Foot Mower $2.11 PER 1000 sq.ft.
12 Foot Mower $2.11.PER 1000 sq.ft.
$102.67 PER HOUR
$94.77 PER HOUR
$3.05 PER 100 sq.ft.
$36.10 PER HOUR
100%
Added to orders with debris removal at 100% of the dumpsite charge.
*Please note -this program does not offer herbicide application as a method of abatement.