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Staff Report PREPARED BY: MATT MORLEY Director of Parks and Public Works Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 05/01/2018 ITEM NO: 05 DATE: APRIL 19, 2018 TO: MAYOR AND TOWN COUNCIL FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: ADOPT A RESOLUTION DECLARING HAZARDOUS VEGETATION (BRUSH) A PUBLIC NUISANCE, PROVIDING FOR ABATEMENT, AND SETTING JUNE 19, 2018 AS A PUBLIC HEARING ON ANY PROPOSED HAZARDOUS VEGETATION (BRUSH) ABATEMENT. RECOMMENDATION: Adopt a resolution (Attachment 1) declaring hazardous vegetation (brush) a public nuisance, providing for abatement, and setting June 19, 2018 as a public hearing on any proposed hazardous vegetation (brush) abatement. 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 and reduce fire danger, the Town annually adopts a Hazardous Vegetation Abateme nt Program. The Town conducts this program with Santa Clara County (County) as the inspection and enforcement agent. Under the program, the County notifies property owners within the Wildland Urban Interface area of the required fire hazard abatement measures, giving the property owner an opportunity to abate the hazardous vegetation (see Attachment 2). 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. PAGE 2 OF 3 SUBJECT: ADOPT A RESOLUTION DECLARING HAZARDOUS VEGETATION (BRUSH) A PUBLIC NUISANCE AND PROVIDING FOR ABATEMENT AND SETTING JUNE 20, 2017 AS A PUBLIC HEARING TO HEAR PROTESTS ON THIS ANNUAL PROGRAM APRIL 19, 2018 S:\COUNCIL REPORTS\2018\05-01-18\05 Brush Abatement\Staff Report - Adopt a resolution declaring hazardous vegetation (brush) a public nuisance, providing for abatement, and setting June 19, 2018 as a public hearing on any proposed hazardV3.docx 4/26/2018 1:36 PM MM DISCUSSION: The resolution (see Attachment 1) must be adopted by Council to initiate the annual Hazardous Vegetation Abatement Program. The County manages all follow up and remedies. Below is the scheduled outline for the program: March 2018 County Fire notifies property owners within the Wildland Urban Interface area of required fire hazard abatement measures (Attachment 2). April-June First inspections are conducted by County Fire with a June 1st deadline for compliance. May 1, 2018 Town Council passes resolution declaring hazardous vegetation (brush) a nuisance and sets a public hearing June 19, 2018. June 2018 Follow-up inspections are conducted by the County and those properties that did not have the Enforced Safety Regulations implemented at the time of the first inspection. SCCFD then notifies those not in compliance informing them of the public hearing on June 19 th. The Town publishes (twice) notice of June 19, 2018 public hearing for Town Council. June 19, 2018 Town Council holds public hearing and authorizes County staff to correct issues for non-compliant properties. July 2018 County returns account and assessment list of charges for work done by contractor. July 2018 If public hearing to assess charges is needed, the Town publishes (twice) notice of August 7, 2018 public hearing for Town Council. August 7, 2018 If needed, Town Council holds public hearing on any proposed hazardous vegetation (brush) abatement charges and Council considers a resolution confirming or modifying assessments. August 7, 2018 Clerk Administrator submits a list of charges as a special assessment to the County Tax Collector. PAGE 3 OF 3 SUBJECT: ADOPT A RESOLUTION DECLARING HAZARDOUS VEGETATION (BRUSH) A PUBLIC NUISANCE AND PROVIDING FOR ABATEMENT AND SETTING JUNE 20, 2017 AS A PUBLIC HEARING TO HEAR PROTESTS ON THIS ANNUAL PROGRAM APRIL 19, 2018 S:\COUNCIL REPORTS\2018\05-01-18\05 Brush Abatement\Staff Report - Adopt a resolution declaring hazardous vegetation (brush) a public nuisance, providing for abatement, and setting June 19, 2018 as a public hearing on any proposed hazardV3.docx 4/26/2018 1:36 PM MM CONCLUSION: Adopt a resolution (Attachment 1) declaring hazardous vegetation (brush) a public nuisance, providing for abatement, and setting June 19, 2018 as a public hearing on any proposed hazardous vegetation (brush) abatement. COORDINATION: This program is coordinated with the Santa Clara County Fire Department and the County of Santa Clara Weed Abatement Program. ENVIRONMENTAL ASSESSMENT: This is not a project defined under CEQA, and no further action is required. FISCAL IMPACT: Funds are provided in the FY 2017-18 Budget (Program 5101) to cover the cost of publishing the legal notice. Attachments: 1. Resolution declaring hazardous vegetation (brush) a public nuisance, providing for abatement and setting June 19, 2018 as a public hearing to hear protests on this annual program. 2. Letter sent from County to property owners within the Wildland Urban Interface area. Distribution: John Justice, Deputy Chief of Fire Prevention, Central Fire District, 14700 Winchester Boulevard, Los Gatos, CA 95030 Moe Kumre, Manager, Consumer and Environmental Protection Agency, County of Santa Clara, 1553 Berger Drive, San Jose, CA 95112