Staff Report10�OF
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DATE:
TO:
FROM:
SUBJECT
MEETING DATE: 08/04/15
ITEM NO: 9
COUNCIL AGENDA REPORT
JULY 23, 2015
MAYOR AND TOWN COUNCIL
LES WHITE, INTERIM TOWN MANAGE
�-
HAZARDOUS VEGETATION (WEED /BRUSH ABATEMENT PROGRAM)
AFTER OPENING AND CLOSING THE PUBLIC HEARING, STAFF
RECOMMENDS THAT THE TOWN COUNCIL:
A. CONSIDER THE ASSESSMENT REPORT FROM THE COUNTY OFFICE
OF THE AGRICULTURAL COMMISSIONER FOR THE 2015 WEED
ABATEMENT PROGRAM.
B. ADOPT A RESOLUTION APPROVING REPORT AND ASSESSMENT OF
HAZARDOUS VEGETATION ABATEMENT CHARGES.
RECOMMENDATION:
After opening and closing the public hearing, Staff recommends that the Town Council:
1. Consider the Weed Abatement Assessment Report from the County Office of the
Agricultural Commissioner for the 2015 Weed Abatement Program. (Attachment 1).
2. Adopt a resolution approving report and assessment of hazardous vegetation abatement
charges (Attachment 2).
BACKGROUND:
Hazardous vegetation poses a fire threat during the summer months and property owners are
required to address and control this issue pursuant to Chapter 11.20 of the Los Gatos Municipal
Code and the Wildland -Urban Interface Fire Area Safety Regulations.
To eliminate hazardous vegetation, the Town Council annually adopts a Hazardous Vegetation
Abatement Program for both weeds and brush and conducts the program with both the Santa
Clara County Office of the Agricultural Commissioner and the County Fire Department, which
serve as inspection and enforcement agents for the program.
WEEDS
On November 18, 2014, the Town Council passed Resolution 2014 -070 (Attachment 3)
declaring Hazardous Vegetation (Weeds) a public nuisance and ordering their abatement.
PREPARED BY: MATT MORLEY%
Director of Parks and Public Works.
Reviewed by: j* I Assistant Town Manager -taiTown Attorney Finance
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ABATEMENT OF HAZARDOUS VEGETATION (WEED/ BRUSH
ABATEMENT PROGRAM)
JULY 23, 2015
BACKGROUND (cont'd
On January 20, 2015, the Town Council adopted the 2015 Weed Abatement Program
Commencement Report provided by the County Office of the Agricultural Commissioner which
identified 111 parcels as having potential fire hazards from weeds or other combustible debris,
and ordering abatement for the properties listed.
Following the January 20`h meeting, the property owners listed on the Commencement Report
were notified by the County Office of the Agricultural Commissioner informing them of the
deadline to abate the weeds. Those which were not cleared by the owners before the specified
deadline would subsequently be cleared by a contractor hired by the County and charged to the
property owner.
BRUSH
On May 5, 2015, the Town Council adopted Resolution 2015 -025 (Attachment 4) declaring
Hazardous Vegetation (Brush) a public nuisance and ordering for their abatement.
Following the May 5th meeting, the parcels located in the Wildland -Urban Interface Fire Area
which were identified as non - compliant with Wildland Safety Regulations were notified by the
County Fire Department indicating the corrections that were necessary.
As of May 21, 2015, four brush parcels remained non - compliant with the Wildland -Urban
Interface Fire Area Safety Regulations, and by the June 2, 2015 scheduled public hearing, all
four had complied.
DISCUSSION:
WEEDS
The 2015 Weed Abatement Assessment Report (Attachment 1) lists the 10 properties which have
benefited from the Hazardous Vegetation Abatement Program by virtue of the County removing
the hazardous vegetation on these properties and includes an assessment of the costs for
administering and performing the work.
The attached resolution (Attachment 2) affirms these costs and acknowledges the costs will be
assessed by the County Tax Collector against the respective properties.
BRUSH
All brush parcels complied and there are no assessment charges included for brush for the 2015
Weed Abatement Program.
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: ABATEMENT OF HAZARDOUS VEGETATION (WEED/ BRUSH
ABATEMENTPROGRAM)
JULY 23, 2015
CONCLUSION:
After opening and closing the public hearing, Staff recommends that the Town Council:
1. Consider the Weed Abatement Assessment Report from the County Office of the
Agricultural Commissioner for the 2015 Weed Abatement Program.
2. Adopt a resolution approving report and assessment of hazardous vegetation abatement
charges.
ENVIRONMENTAL ASSESSMENT:
This is not a project as defined under CEQA and no further action is required.
COORDINATION
This program has been coordinated with the Santa Clara County Office of the Agricultural
Commissioner and Santa Clara County Fire.
FISCAL IMPACT:
There is no fiscal impact to the Town. The County's costs to administer and carry out the
program are recovered through the tax roll assessment charges levied against the affected
properties.
Attachments:
1. 2015 Weed Abatement Program Assessment Report from the County Office of the
Agricultural Commissioner.
2. Resolution approving report and assessment of hazardous vegetation abatement charges.
3. Resolution 2014 -070
4. Resolution 2015 -025
Distribution:
Amy Brown, Director of Agriculture and Environmental Management for Santa Clara County,
1553 Berger Drive, Building #1, San Jose, CA 95112
Moe Kumre, Coordinator, Weed Abatement Program, County Office of the Agricultural
Commissioner, 1553 Berger Drive, Building #l, San Jose, CA 95112
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ATTACHMENT
THIS PAGE
INTENTIONALLY
LEFT BLANK
RESOLUTION 2015-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
ADOPTING REPORT DESCRIBING PARCELS OF REAL PROPERTY,
AND SHOWING AMOUNT OF HAZARDOUS VEGETATION (WEEDS)
ABATEMENT ASSESSMENTS TO BE COLLECTED ON
THE SECURED PROPERTY TAX ROLL OF THE TOWN OF LOS GATOS
IN THE COUNTY OF SANTA CLARA,
FOR THE FISCAL YEAR 2014/15
WHEREAS, the Town Council of the Town of Los Gatos, pursuant to Sections 39501
and 39502 of the Government Code of the State of California, has adopted by ordinance a
procedure for the abatement of hazardous vegetation (weeds) and the collection of the charges
therefore on the tax roll, as contained in Chapter 11, Article II, Sections 11.20.010. through
11.20.045. of the Los Gatos Town Code; and
WHEREAS, pursuant thereto, Resolution No. 2014 -070 declaring weeds a public
nuisance and providing for their abatement, was adopted by the Town Council on November 18,
2014; and
WHEREAS, pursuant to notice duly and regularly given, the public hearing was held
with respect thereto on January 20, 2015, overruling objections and ordering abatement of weeds
as a public nuisance, was adopted by the Town Council; and
WHEREAS, a written report has been filed with the Clerk Administrator of the Town of
Los Gatos, containing a description of each parcel of real property, and showing the amount of
the charge to be collected on the secured property tax roll with respect thereto, computed in
confonnity with the charges prescribed by said ordinance; and
WHEREAS, the Clerk Administrator has set the 4th day of August, 2015, in the Town
Council Chambers, Town Hall, 110 East Main Street, Los Gatos, California, as the time and
place when and where said Town Council would hear and consider all objections or protest, if
any, to said report.
4,TTACHMENT2
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara,
State of California, that the Town Council does hereby find and declare:
1. That notice of said public hearing was duly and regularly published and given as
required by Section 11.20.035 of the Los Gatos Town Code and as otherwise
required by law; and
2. All persons desiring to be heard during said hearing were given an opportunity to
do so, all matters and things pertaining to said report were fully heard and
considered by the Town Council, and all protests and objections, if any, are
hereby overruled.
FURTHER RESOLVED, that said report, and each charge thereon, with any charges
that may be noted on the face of said report pursuant to action taken by this Town Council, is
hereby confirmed and approved.
FURTHER RESOLVED, that the charges are affirmed and shall be assessed against the
real properties listed on the property tax bill if not sooner paid.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 4'h day of August, 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
RESOLUTION 2014-070
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
DECLARING HAZARDOUS VEGETATION (WEEDS) A PUBLIC NUISANCE AND
PROVIDING FOR THEIR ABATEMENT
WHEREAS, Section 39501 and Section 39502 of the Government Code of the State of
California authorize the Town of 1A)s Gatos to prescribe a procedure for compelling the owner,
lessees or occupant of buildings, grounds, or lots to remove hazardous vegetation (weeds) from
such buildings or grounds and adjacent sidewalks, and, upon his failure to do so, to remove such
hazardous vegetation (weeds) at his expense, making the cost thereof a lien upon such property;
and
WHEREAS, the Town of Los Gatos, by ordinance, has adopted such a procedure,
codified in Chapter I], Article 2, Sections 11.20.010 through 11.20,045 of the Los Gatos Town
Code.
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Los
Gatos, County of Santa Clara, State of California, that the Town Council hereby finds that
hazardous vegetation "weeds," as that term is defined in Section 11,20.010, are growing upon
and adjacent to private property within the Town of Los Gatos, and declares that all hazardous
vegetation (weeds) growing upon any private property or properties, and in any sidewalk street,
or alley within the Town of Los Gatos are a public nuisance and should be abated.
BE IT FURTHER RESOLVED that unless such nuisance be abated by the destruction
or removal of such hazardous vegetation (weeds) within thirty (3 )0) days after the adoption of this
resolution, or within the time specified in a written agreement with the Town of Los Gatos
Director of Parks and Public Works, or his representative, whichever time shall be later, as
provided in Chapter 11. Article 2, of the Los Gatos Town Code, the Town of Los Gatos shall
cause such nuisance to be abated, and the expense thereof assessed upon the lots and lands from
which, or in the front and rear of which, such hazardous vegetation (weeds) shall have been
destroyed or removed, such expense constituting a lien upon such lots or lands until paid, and to
be collected upon the next tax roll upon which general municipal taxes are collected.
ATTACHMENT 3
BE IT FURTHER RESOLVED that the Director shall execute a "Notice to Destroy
Hazardous Vegetation (Weeds)" in the form set forth in Section 11.20.020(b) and sball cause
same to be published and posted in the manner prescribed by Section 11,20.020(c).
BE IT FURTHER RESOLVED that on the 20'h day of January, 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, California, a public hearing will be held during which all property
owners in the Town of Los Gatos having any objections to the proposed destruction or removal
of such hazardous vegetation (weeds) will be heard and given due consideration.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos held on the 18`x' day of November, 2014 by the following vote:
COUNCIL MEMBERS:
AYES: Marcia Jensen, Diane McNutt, Joe Pirzynski, Barbara Spector, Mayor Steven Lconardis
NAYS:
ABSENT:
ABSTAIN:
SIGT4ED:
AYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS. CALIFORNIA
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
front 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 COUmV Of
Santa Clara to provide hazardous vegetation (brush) abatement set-vices; 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 4
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 5"' day of May, 2015 by the following vote:
COUNCIL -MEMBEIZS:
AYES: Steve Lconardis, Rob Rennie, Marten Savoc, 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