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Staff Report with attachments PREPARED BY: Meredith Johnston Administrative Technician Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Interim Director of Parks and Public Works 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 05/03/2022 ITEM NO: 10 DATE: April 26, 2022 TO: Mayor and Town Council FROM: Laurel Prevetti, Town Manager SUBJECT: Adopt a Resolution Declaring Hazardous Vegetation (Brush) a Public Nuisance, Ordering Abatement, and Setting June 21, 2022 as a Public Hearing to Consider Objections to the Proposed Removal of Brush RECOMMENDATION: Adopt a resolution (Attachment 1) declaring hazardous vegetation (brush) a public nuisance, ordering abatement, and setting June 21, 2022 as a public hearing to consider objections to the proposed removal of brush. BACKGROUND: The Santa Clara County Fire Department implements and manages a hazardous brush abatement program for the Wildland Urban Interface (WUI) areas (hillside areas) within its jurisdictional boundaries, which includes the incorporated areas of Los Gatos, to ensure appropriate defensible space for structures. The Town annually adopts the Hazardous Vegetation (Brush) Abatement Program and works with the County who serves as the enforcement agent and conducts their own inspections. In January of each year, homeowners are reminded that they must remove native brush and vegetation from around their home to create defensible space. The brush abatement program entails inspections of hillside properties by fire crews beginning early April each year. If properties are found to not be in compliance with the regulations found in the California Fire Code relative to vegetation clearance, they are given notice of the violation. If compliance is still not achieved by approximately the end of June each year, a contractor is authorized to perform the necessary work. PAGE 2 OF 4 SUBJECT: Adopt a Resolution Declaring Hazardous Vegetation (Brush) a Public Nuisance, Ordering Abatement, and Setting June 21, 2022 as a Public Hearing to Consider Objections to the Proposed Removal of Brush DATE: April 26, 2022 BACKGROUND (continued): The costs associated with the abatement work are then placed on the property tax bill for that parcel. DISCUSSION: In February of 2022, the Santa Clara County Fire Prevention Division notified property owners located within the designated Wildland Urban Interface (WUI) area of the requirement to comply with the enforced safety regulations related to flammable vegetation abatement (Attachment 2). At the time of the notice, property owners were given the option to complete the required work themselves, hire their own contractor, or elect to schedule the Town of Los Gatos’ authorized contractor to perform the work. Below is the scheduled outline for the 2022 hazardous brush abatement program: February 2022 The 2022 Brush Abatement Program letters are mailed to property owners. April 1, 2022 Santa Clara County Fire Department (SCCFD) begins conducting the first property inspections. A door hanger describing the enforced safety regulations is placed at the property and a copy is mailed to the property owner’s mailing address. May 3, 2022 Town Council adopts a Resolution declaring hazardous vegetation (brush) a public nuisance and sets June 21, 2022 as a public hearing to consider objections to the proposed removal of brush. May/June 2022 SCCFD begins conducting re-inspections of the properties that were out of compliance at the time of the first property inspection. Property owners who are not in compliance at the time of re-inspection will be identified and notice will be sent to the property owners providing information about the June 21st public hearing. The Town publishes notices at least 10 days prior to the public hearing. June 21, 2022 Town Council conducts a public hearing to consider objections to the proposed removal of hazardous vegetation (brush) of declared non- compliant parcels and orders the abatement of the nuisance by the Town’s authorized contractor. PAGE 3 OF 4 SUBJECT: Adopt a Resolution Declaring Hazardous Vegetation (Brush) a Public Nuisance, Ordering Abatement, and Setting June 21, 2022 as a Public Hearing to Consider Objections to the Proposed Removal of Brush DATE: April 26, 2022 DISCUSSION (continued): June 2022 After the June 21st public hearing, an additional inspection of all identified properties listed on the report will be conducted prior to the Town’s authorized contractor performing any abatement work. If the 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 performed, and no charges will be imposed. July 2022 The County provides the Town with an assessment list of charges for work that ultimately was performed by the contractor. If there are no proposed charges, no additional public hearing is required. August 2, 2022 In the event a list of assessed charges is provided to the Town in July, the Town Council will conduct a public hearing on the hazardous vegetation (brush) abatement charges and adopt a resolution confirming or modifying assessments. August 3, 2022 The Town submits a list of charges as a special assessment to the County Tax Collector. CONCLUSION: Adopt a resolution (Attachment 1) declaring hazardous vegetation (brush) a public nuisance, ordering abatement, and setting June 21, 2022 as a public hearing to consider objections to the proposed removal of brush. COORDINATION: This program is coordinated with the Santa Clara County Fire Department. FISCAL IMPACT: The costs associated with abatement work are placed on the property tax bill for that parcel. Funds are provided in the FY 2021/22 Budget (Program 5101) to cover the cost of publishing the legal notice for the June public hearing. ENVIRONMENTAL ASSESSMENT: This is not a project defined under CEQA, and no further action is required. PAGE 4 OF 4 SUBJECT: Adopt a Resolution Declaring Hazardous Vegetation (Brush) a Public Nuisance, Ordering Abatement, and Setting June 21, 2022 as a Public Hearing to Consider Objections to the Proposed Removal of Brush DATE: April 26, 2022 Attachments: 1. Resolution declaring hazardous vegetation (brush) a public nuisance, ordering abatement, and setting June 21, 2022 as a public hearing to consider objections to the proposed removal of brush (includes Exhibit A). 2. Letters sent to property owners within the Wildland Urban Interface (WUI) area. 1 of 3 Resolution 2022 - May 3, 2022 RESOLUTION 2022- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DECLARING HAZARDOUS VEGETATION (BRUSH) A PUBLIC NUISANCE, ORDERING ABATEMENT, AND SETTING JUNE 21, 2022 AS A PUBLIC HEARING TO CONSIDER OBJECTIONS TO THE PROPOSED REMOVAL OF BRUSH 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 within the Wildland Urban Interface Fire areas identified and shown on the map (Exhibit A) constitutes a public nuisance and should be abated immediately; and ATTACHMENT 1 WHEREAS, the Santa Clara County Fire Department has mailed notices to property owners within 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 Town Clerk 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 21st day of June 2022, at a meeting of the Town Council beginning at 7:00 p.m. via publicly noticed teleconference in Los Gatos, CA, a public hearing will be held during which all property owners within 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 3rd day of May 2022 by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: __________________ ATTEST: TOWN CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: __________________ This Page Intentionally Left Blank Dear Property Owner, The Santa Clara County Fire Department continues to focus on preparing residents and the community for the threat of wildfire. This year, SCCFD will be hosting several informative wildfire preparedness webinars with special presentations about Zonehaven, a powerful new tool to manage evacuations. Please see the enclosed flyer for more information. Defensible space is essential to improve your home’s chance of surviving a wildfire. Defensible space is the buffer created around a structure when combustible vegetation is removed or reduced. This buffer is needed to slow or stop the spread of wildfire and can also protect your home from catching fire. Your property is located in the Very High Fire Hazard Severity Zone of the Wildland Urban Interface Area (WUI) and requires 100 feet of defensible space from all structures. Your area’s specific enforced safety regulations include: Enforced Safety Regulations (Items A - F) A.Create 100 feet of defensible space around your home. To accomplish this, you must clear all flammable vegetation a minimum of 30 feet around structures. Additionally, create a reduced fuel zone for the remaining 70 feet (or to the property line). B.Remove pine needles, leaves, and other dead vegetation from roofs, eaves and rain gutters. C.Trim tree limbs 10 feet from chimneys and stove pipes; remove dead limbs that hang over rooftops. D.Remove all non-fire-resistive vegetation a minimum of 10 feet on each side of a fire apparatusaccess road or driveway. 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. Forhomes located more than 50 feet from the street, post address numbers at the driveway entrance. Additional Safety Recommendations •Create and maintain a 0 to 5 feet noncombustible zone around all structures, including decks. •Clear 10 feet around and 15 feet above fuels (e.g. woodpiles, lumber, scrap, etc.) Move woodpilesas far away as possible from all structures. •Clear vegetation and other combustible material from underneath decks. Enclose elevated deckswith fire-resistive materials. •Trees 18 feet or taller should be limbed up 6 feet from the ground. Provide additional verticalclearance when trees have vegetation beneath them. For more info. about wildfire safety ordinances in Los Gatos, visit www.losgatosca.gov/2581/Be-Wildfire-Ready February 25, 2022 SANTA CLARA COUNTY FIRE DEPARTMENT ATTN: FIRE PREVENTION DIVISION 14700 WINCHESTER BOULEVARD LOS GATOS, CA 95032-1818 PLACE STAMP HERE <<Owner Name>> <<Owner Address>> <<Owner City>>, <<Owner State>> <<Owner ZIP Code>> RE: <<APN>> <<Property Address>> <<APN>> <<TRA>> <<ZoneID>>/<<AccessKey>> <<Owner Name>> <<Owner Address>> <<Owner City>>, <<Owner State>> <<Owner ZIP Code>> Los Gatos 100 Feet ATTACHMENT 2 Owner Responsibilities: 1. You have the option to complete the required work yourself, hire your own contractor, or you may elect to schedule the authorized contractor to perform the work. If you choose to have the authorized contractor perform the work, the charges will appear on your next property tax bill. 2. Please either scan the QR Code below OR complete and return the attached information card to report the current status of your property before April 1, 2022. Inspection Schedule: On April 1, 2022, Santa Clara County Fire Department will begin conducting property inspections. Property owners not in compliance will be notified of what work needs to be completed to comply with the Enforced Safety Regulations. Please contact us if you are unable to complete the required work due to late season rains or other special circumstance. On June 1, 2022, we will begin conducting re-inspections of the properties that were out of compliance at the time of the first property inspection. Properties must comply with the Enforced Safety Regulations (Items A, B, C and D) otherwise the compliance work will be completed by the Town of Los Gatos’ authorized contractor and the charges for this service will appear on your next property tax bill. If you have questions regarding the safety compliance of your property, or you would like to schedule a courtesy property inspection, please contact the Fire Prevention Division at 408.378.4010. Sincerely, Hector R. Estrada, Deputy Chief Fire Prevention Division Resources and Information Pacific Gas & Electric (PG&E): www.PGE.com • 800.743.5000 Services include courtesy gas appliance inspections, energy conservation, tree management and electrical safety near power lines Santa Clara County Fire Safe Council: www.SCCFireSafe.org • 408.975.9591 Protects and educates communities at risk from wildfire through fuel reduction programs, outreach and community planning efforts Santa Clara County Office of Emergency Management: www.SCCgov.org/sites/oes • 408.808.7800 Coordinates county-wide all hazards preparedness, including managing the AlertSCC Emergency Alert System (www.alertscc.org) United Policyholders: www.uphelp.org • info@uphelp.org Provides consumer-focused services to protect assets, build financial safety nets and access disaster recovery tools and resources Choose ONE: 1. Scan the QR code below with a smartphone camera to submit your response online OR 2. Complete and mail the attached information card below. Evacuation Zone ID: Private Access Key:Or visit: bit.ly/WUIresponse2022 <<ZoneID>> <<AccessKey>> Option 1 - Respond Online Option 2 - Respond by Mail I have received the annual Wildland Urban Interface (WUI) Enforced Safety Regulations letter related to flammable vegetation abatement. The current status of my property is as follows: □□ I have inspected my property for flammable vegetation clearance and believe it complies with the Enforced Safety Regulations. I understand that an inspection of my property may be conducted to verify compliance.□□ I will remove flammable vegetation around all structures on my property in accordance with the Enforced Safety Regulations no later than June 1, 2022. I understand that if the required work is not completed, the authorized contractor may complete the work and the charges will appear on my next property tax bill. □□ I authorize the designated contractor to enter my property and clear all flammable vegetation to comply with the Enforced Safety Regulations. I understand the charges to complete this work will appear on my next property tax bill. □□ I would like to schedule a courtesy inspection of my property with the Santa Clara County Fire Department for recommendations of the work needed to comply with the Enforced Safety Regulations.□□ I am no longer the owner of this property. Name (print clearly): ____________________________________________________________ Date: _________________ Phone: (______)____________________ Email: __________________________________________________________ □□ There are no structures on this property.