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.