Brush AbatementPREPARED BY: MATT MORLEY
DIRECTOR OF PARKS AND PUBLIC WORKS
Reviewed by: Assistant Town Manager Town Attorney Finance
S:\COUNCIL REPORTS\2016\06-07-16\Abatement - Brush\Staff Report - Brush Abatement FINAL.docx6/2/2016 1:31 PM
MEETING DATE: 06/07/16
ITEM NO: 8
COUNCIL AGENDA REPORT
DATE: MAY 25, 2016
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: ORDER ABATEMENT OF HAZARDOUS VEGETATION (BRUSH) AFTER
OPENING AND CLOSING THE PUBLIC HEARING
RECOMMENDATION:
Order abatement of hazardous vegetation (brush) after opening and closing the public hearing.
BACKGROUND:
On May 3, 2016 the Town Council passed Resolution 2016-017 declaring hazardous vegetation (brush)
a public nuisance and set June 7, 2016 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. No
objections have been received as of the date of this report.
DISCUSSION:
As part of the 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 7, 2016
public hearing and order the abatement of hazardous vegetation (brush).
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ORDER ABATEMENT OF HAZARDOUS VEGETATION (BRUSH) AFTER OPENING
AND CLOSING THE PUBLIC HEARING
MAY 25, 2016
CONCLUSION (cont’d):
After the abatement of hazardous vegetation (brush) has been completed by the County, a Public
Hearing will be conducted on August 2, 2016 at which time the 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 and the Santa Clara County Fire Department.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT:
Funds are provided in the FY 2015/16 and 2016/17 Budget (Program 5101) to cover the cost of
publishing the legal notices.
Attachments:
1. Resolution 2016-017
2. Notice of Public Hearing
3. Santa Clara County Fire Department letter to property owners
RESOLUTION 2016 -017
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 Wildland Urban Interface Fire areas
identified and shown on the map (Exhibit A) constitutes a public nuisance and should be abated
immediately; and
WHEREAS, the Fire Department has mailed notices to property owners in the Wildland
Urban Interface areas 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 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 7`b day of June, 2016, 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 the
Wildland Urban Interface areas 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 P day of May, 2016 by the following vote:
AYES: Steve Leonardis, Rob Rennie, Marico Sayoc, Mayor Barbara Spector
NAYS: None
ABSENT: Marcia Jensen
ABSTAIN: None
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MAY OF THE TOWN OF LOS GATOS
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DATE: S ZL
ATTEST:
CLERIC A YRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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Resolution 2016 -017 May 3, 2016
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Wildland - Urban Interface Fire Area
Town of Los Gatos
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Resolution 2016 -017 May 3, 2016
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
Tuesday, June 7, 2016 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 05/27/16 & 06/03/16
ATTACHMENT 2