10�pW N 0
!ps GA,�pS
DATE:
IM
FROM:
COUNCIL AGENDA REPORT
APRIL 22, 2013
MAYOR AND TOWN COUNCIL
GREG LARSON, TOWN MANAGER
MEETING DATE: 05/06/13
ITEM NO: 10
SUBJECT: HAZARDOUS VEGETATION ABATEMENT (BRUSH
A. ADOPT RESOLUTION DECLARING HAZARDOUS VEGETATION
(BRUSH) A PUBLIC NUISANCE AND PROVIDING FOR ABATEMENT.
B. SET JUNE 17, 2013 AS A PUBLIC HEARING TO HEAR PROTESTS ON
THIS ANNUAL PROGRAM.
RECOMMENDATION:
Adopt resolution declaring hazardous vegetation (brush) a public nuisance and providing for
abatement.
2. Set June 17, 2013 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 (brush), the
Town has historically adopted a Hazardous Vegetation (Brush) Abatement Program. The time
table listed below is in keeping with generally accepted procedures throughout Santa Clara
County.
DISCUSSION:
Under the Santa Clara County program, property owners with hazardous vegetation (brush)
problems are notified and given an opportunity to abate the hazardous vegetation (brush). If the
problem is not addressed within the prescribed amount of time, the County's contractor takes
care of the hazardous vegetation (brush) and the cost is added to the owner's property tax bill.
This is a standard procedure of the Town of Los Gatos, and has been enacted to reduce fire
danger.
PREPARED BY: TODD CAPURSO
Director of Parks and Public Works
Reviewed by: _Assistant Town Manager 14— Town Attorney Finance M'
PAGE 2
APRIL 22, 2013
MAYOR AND TOWN COUNCIL
SUBJECT: HAZARDOUS VEGETATION ABATEMENT
DISCUSSION (cont'd):
A complete schedule of the program is as follows:
May 6, 2013 Town Council passes resolution declaring hazardous vegetation (brush) a
nuisance and sets a public hearing June 17, 2013.
May 7, 2013 Cleric Administrator publishes notice of June 17, 2013 Public Hearing for
Town Council to hear protests to proposed charges. (Publish twice and post in
three places). (Publish May 21, 2013 and May 28, 2013).
June 17, 2013 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 20, 2013 Properties which have not been cleared of hazardous vegetation (brush) are
abated by a contractor for the County.
July 5, 2013 County returns account and assessment list of charges for work, done by
contractor. NOTE: Town staff has expressed concern to the County that the
schedule has little tolerance for delays.
August 5, 2013 Town Council Public Hearing on any proposed hazardous vegetation (brush)
abatement charges; Council resolution confirming or modifying assessments.
August 6, 2013 Town Council returns list of charges to the County for filing with the County
Tax Collector as a special assessment.
CONCLUSION:
Staff recommends the Town Council adopt a resolution declaring hazardous vegetation (brush) a
public nuisance, provide for abatement, and set June 17, 2013 as a public hearing to hear protests
on this annual program.
ENVIRONMENTAL ASSESSMENTS:
Not a project as defined under CEQA and no further action is required.
FISCAL IMPACT:
There is no fiscal impact at this time.
PAGE 3
APRIL 22, 2013
MAYOR AND TOWN COUNCIL
SUBJECT: HAZARDOUS VEGETATION ABATEMENT
Attachment:
1. Resolution declaring hazardous vegetation (brush) a public nuisance, providing for
abatement and setting June 17, 2013 as a public hearing to hear protests on this annual
program.
ni, ofri1�nfi nn
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
Attachment 1
RESOLUTION 13-
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.
BE IT FURTHER RESOLVED that unless the hazardous vegetation (brush)
violations are corrected by June 20t", 2013, 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 17"' day of June, 2013, 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 6t" day of May, 2013 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