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
Vku'a
MAY OF THE TOWN OF LOS GATOS
GATO RNIA
DATE: S ZL
ATTEST:
CLERIC A YRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: P
2of3
Resolution 2016 -017 May 3, 2016
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Wildland - Urban Interface Fire Area
Town of Los Gatos
3of3
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
FIRE DEPARTMENT
SANTA CLARA COUNTY
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 7, 2016 at 7:00pm. 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) 341-4420.
Organized as the Santa Clara County Central Fire Protection District
Seruing Santa Clara County and the cornrnunitres of Campbell, Cupertino, Los Altos,
Los Altos Hills, Los Gatos, Monte Sereno, and Saratoga
FIRE DEPARTMENT
SANTA CLARA COUNTY
14700 Winchester Blvd., Los Gatos, CA 95032-1818
(408) 378-4010 •(408) 378-9342 (fax) • www.sccfd.org
LOS GATOS WEED ABATEMENT PROGRAM SCHEDULE
2016 COUNTY WEED ABATEMENT FEES
Please be advised that the property owner of any parcel found to be non -compliant
on or after the June deadline will be scheduled for abatement by the County
contractor. If you complete the abatement work before the County contractor
performs 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 $335.00 per parcel.
2016 COUNTY CONTRACTOR'S WEED ABATEMENT PRICE LIST
A) Disc Work**
PARCEL SIZE:
0-12,500 sq.ft.
12,501sq.ft. - 43,560sq.ft.
Larger than 1 Acre
1 `' Disc + 2" `' Disc
$202.86 $136.00
$135.72 $170.00
$100.87 $89.53
= Total Discs
$338.86
$405.72
$190.40 (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
$3.28 PER 100 sq.ft.
6 Foot Mower $2.28 PER 1000 sq.ft.
12 Foot Mower $2.05 PER 1000 sq.ft.
$110.50 PER HOUR
$102.00 PER HOUR
$3.28 PER 100 sq.ft.
$38.86 PER l 000sq
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.
Organized as the Santa Clara County Central Fire Protection District
Serving Santa Cfara County and the communities of Campbell, Cupertino, Los Altos,
Los Altos Hills, Los Gatos, Monte Sereno, and Saratoga
This Door Hanger is left at the property
if work is required.
Dear Property Owner:
The Santa Clara County Fire Department has made an
inspection of your property. The item(s) checked below are not
in compliance with the Wildland-Urban Interface Fire Area
safety regulations. Please perform the necessary corrections.
A. ❑ Create 30 feet of Defensible Space around your home.
To accomplish this, you must clear all flammable
vegetation a minimum of 30-feet around structures.
❑ Create 100 feet of Defensible Space around your
home. To accomplish this, create a Green Zone by
clearing all flammable vegetation 30-feet around
structures. Additionally, create a Reduced Fuel Zone
for the remaining 70 feet or to your property I ne.
B. 0 Clear ornamental shrubs and trees of dead leaves and
branches.
C. ❑ Remove all pine needles and leaves from roofs, eaves
and rain gutters.
D. 0 Trim tree limbs 10-feet from chimneys or stovepipes,
and remove dead limbs that hang over rooftops.
E. 0 Cover chimney outlets or flues with a 1/2" mesh spark
arrester.
F. 0 Post a clearly visible house address, using at least 4"
high numbers, for easy identification.
A RE -INSPECTION WILL OCCUR ON OR AFTER JUNE
1ST. IF, AT THAT TIME, THE REQUIRED CLEARANCE
OF FLAMMABLE VEGETATION HAS NOT BEEN
COMPLETED, AN AUTHORIZED CONTRACTOR WILL
BE INSTRUCTED TO PERFORM THE NECESSARY
WORK TO ACHIEVE COMPLIANCE WITH THE ABOVE
REGULATIONS. YOU WILL RECEIVE NO FURTHER
NOTICE. COST FOR WORK PERFORMED BY THE
AUTHORIZED CONTRACTOR WILL BE PLACED ON
YOUR PROPERTY TAX BILL.
Should you have any questions regarding this notice,
please call the Santa Clara County Fire Department, Fire
Prevention Division, at 408.378.4010 or 1.800.800.1793.
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FIRE DEPARTMENT
SANTA CLARA COUNTY
14700 Winchester Blvd., Los Gatos, CA 95032-1818
(408) 378-4010 •(408) 378-9342 (fax) • www.sccfd.org
February 19, 2016
Dear Property Owner:
Wildfire season has increasingly become longer, scarier, and more dangerous to fight, while
burning more acreage, more houses, and costing more money to control. In 2015, while enduring
an unprecedented drought, California endured an above -average year for wildfires. Although
this El Nino season has brought us rain and we hope for more, we are cautioned that the benefits
are temporary. With the rain comes the growth of vegetation that becomes fuel for wildfires. Fuel
moisture levels in vegetation are still well below average and our County is still in a severe to
extreme drought condition. On February 2, the State Water Resources Control Board extended the
California Drought Emergency through October 2016.
As a property owner, you must take personal responsibility to prepare your home from wildfire
by creating and maintaining a defensible space. Creating and maintaining a defensible space will
give your home a fighting chance against an approaching wildfire. To accomplish this, you must
remove the flammable brush, vegetation, and dry grasses adjacent to structures. Your property,
determined by Cal Fire, is located in the Very High Fire Hazard Severity Zone of the Wildland-
Urban Interface Area (WUI) thus requiring a defensible space of 100 feet around homes and all
accessory structures.
The Santa Clara County Fire Chiefs Association has developed the following list of both required
and recommended preventive measures. Upon completion, your property will be in compliance
with the applicable regulations. This will greatly reduce the risk of loss or damage to your home
in the event of a wildfire.
Enforced Safety Regulations (Items A-F)
A. Create 100 feet of Defensible Space around your home. To accomplish this, create a Green
Zone by clearing all flammable vegetation 30 feet around structures. Additionally, create
a Reduced Fuel Zone for the remaining 70 feet or to your property line.
B. Clear ornamental shrubs and trees of dead leaves and branches.
C. Remove all pine needles and leaves from roofs, eaves and rain gutters.
D. Trim tree limbs 10 feet from chimneys or stovepipes, and remove dead limbs that hang
over rooftops.
E. Cover chimney outlets or flues with a 1/2" mesh spark arrester.
F. Post a clearly visible house address, using at least 4" high numbers, for easy identification.
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
Additional Safety Recommendations
• Trees 18-feet or taller should be limbed up 6-feet from the ground. Provide additional vertical
clearance when trees have vegetation beneath it.
• Stack woodpiles a minimum of 30-feet from buildings, fences and other combustible
materials.
• Clear vegetation and other flammable material from underneath decks. Enclose elevated
decks with fire -resistive materials.
• If you have any trees near power lines please contact PG&E at 1-800-PGE-5000 for a free
inspection. State Law requires vegetation clearance from electrical lines. For more
information please visit www,PC;E.com. In most cases PG&E will trim or remove the tree at
no cost to you.
• The Santa Clara County Fire Safe Council offers Defensible Space Chipping Programs to assist
homeowners, including special programs for qualified low-income, seniors and disabled
homeowners. For more information visit wWw.scc.firesafe.org.
For ornamental shrubs and bushes adjacent to your home, we recommend planting a fire -
retardant variety. If there is a possibility that erosion may occur, any native vegetation that is
removed should be replaced with fire -retardant vegetation.
Please complete and return the enclosed postcard on or before April 1, 2016. Beginning the first
week of April, County Fire personnel will conduct inspections to advise property owners who
have not implemented the fire hazard abatement measures what work is necessary in order to be
in compliance with the applicable regulations. If you are unable to complete the required work
due to late season rains or other hardship, please contact our office as soon as possible.
You may complete the brush clearance work yourself, hire your own contractor, or request to
schedule our authorized contractor to perform the work. If you would like this service, please
check the appropriate box on the postcard or call (408) 378-4010 prior to April 1, 2016. If you
choose this option, the charges for this work will appear on your next property tax bill.
Please note: Follow-up inspections will be conducted starting June 1, 2016 of properties that
did not have the Enforced Safety Regulations implemented at the time of the first inspection.
If you do not comply with items A, B, C and D of the Enforced Safety Regulations, the
compliance work will be completed by the authorized contractor of the Town of Los Gatos and
the charges for this service will appear on your next property tax bill.
If you would like to schedule a courtesy inspection with one of our inspectors or have questions
regarding the safety compliance of your property, please contact our Fire Prevention Division at
(408) 378-4010 or 1-800-800-1793.
Thank you for your cooperation in helping to establish a fire -safe community.
Sincerely,
Ken Kehmna
Fire Chief