Staff ReportPREPARED BY: MATT MORLEY
DIRECTOR OF PARKS AND PUBLIC WORKS
Reviewed by: Assistant Town Manager Town Attorney Finance
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MEETING DATE: 05/03/16
ITEM NO: 6
COUNCIL AGENDA REPORT
DATE: APRIL 21, 2016
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: ADOPT A RESOLUTION DECLARING HAZARDOUS VEGETATION (BRUSH) A
PUBLIC NUISANCE AND PROVIDING FOR ABATEMENT AND SETTING JUNE
7, 2016 AS A PUBLIC HEARING TO HEAR PROTESTS ON THIS ANNUAL
PROGRAM
RECOMMENDATION:
Adopt a resolution (Attachment 1) declaring hazardous vegetation (brush) a public nuisance and
providing for abatement and setting June 7, 2016 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 and reduce fire danger, the
Town annually adopts a Hazardous Vegetation Abatement Program. The Town conducts this program
with Santa Clara County (County) as the inspection and enforcement agent. More information on the
program can be found on the County’s website: www.sccgov.org/sites/wap.
Under the program, the County notifies property owners within the Wildland Urban Interface area of the
required fire hazard abatement measures, giving the property owner an opportunity to abate the
hazardous vegetation. If the property owner does not address the hazardous vegetation within the
prescribed amount of time, the County’s contractor addresses the necessary work and the County
assesses the cost on the owner's property tax bill.
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ADOPT A RESOLUTION DECLARING HAZARDOUS VEGETATION (BRUSH) A
PUBLIC NUISANCE AND PROVIDING FOR ABATEMENT AND SETTING JUNE
7, 2016 AS A PUBLIC HEARING TO HEAR PROTESTS ON THIS ANNUAL
PROGRAM
APRIL 21, 2016
DISCUSSION:
The attached resolution must be adopted by Council to initiate the annual Hazardous Vegetation
Abatement Program. The County manages all follow up and remedies. Below is the scheduled outline
for the program:
February 2016 County Fire notifies property owners with the Wildland Urban Interface area of
required fire hazard abatement measures (Attachment 2).
May 3, 2016 Town Council passes resolution declaring hazardous vegetation (brush) a
nuisance and sets a public hearing June 7, 2016.
May 20 & 27, 2016 Clerk Administrator publishes notice of June 7, 2016 public hearing for Town
Council to hear protests to proposed charges.
June 1, 2016 Follow-up inspections are conducted by County and those properties which have
not been cleared of hazardous vegetation (brush) are abated by a contractor for the
County.
June 7, 2016 Public Hearing – Town Council hears protests and passes resolution allowing
or overruling objections and ordering abatement as appropriate and specifying
the method of abatement.
July 2016 County returns account and assessment list of charges for work done by
contractor.
July 22 & 29, 2016 Clerk Administrator publishes notice of August 2, 2016 public hearing for Town
Council to hear protests to proposed charges.
August 2, 2016 Town Council public hearing on any proposed hazardous vegetation (brush)
abatement charges and Council considers a resolution confirming or modifying
assessments.
August 3, 2016 Town Council returns a list of charges to the County for filing with the County
Tax Collector as a special assessment.
CONCLUSION:
Adopt a resolution declaring hazardous vegetation (brush) a public nuisance and providing for
abatement and setting June 7, 2016 as a public hearing to hear protests on this annual program.
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: ADOPT A RESOLUTION DECLARING HAZARDOUS VEGETATION (BRUSH) A
PUBLIC NUISANCE AND PROVIDING FOR ABATEMENT AND SETTING JUNE
7, 2016 AS A PUBLIC HEARING TO HEAR PROTESTS ON THIS ANNUAL
PROGRAM
APRIL 21, 2016
COORDINATION:
This program is coordinated with the Santa Clara County Fire Department and the County of Santa
Clara Weed Abatement Program.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT:
Funds are provided in the FY 2016-17 Budget (Program 5101) to cover the cost of publishing the legal
notice.
Attachments:
1. Resolution declaring hazardous vegetation (brush) a public nuisance, providing for abatement and
setting June 7, 2016 as a public hearing to hear protests on this annual program.
2. Letter sent from County to property owners within the Wildland Urban Interface area.
Distribution:
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
ATTACHMENT 1
RESOLUTION 2016-
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 7th 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 3rd day of May, 2016 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
ATTACHMENT 2
SAMPLE LETTER MAILED TO PROPERTY OWNERS
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 flammable brush, vegetation, and dry grasses with
a distance of at least 30 feet from all structures. For sloped areas that exceed 20% on the
downhill side of your home, up to 100 feet of defensible space needs to be maintained.
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 30 feet of Defensible Space around your home. To accomplish this, you must
clear all flammable vegetation a minimum of 30-feet around structures.
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.
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. Enclos e
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.PGE.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 lo w-income, seniors
and disabled homeowners. For more information visit www.sccfiresafe.org.
For ornamental shrubs and bushes adjacent to your home, we recommend planting a fire-
retardant variety. If there is a possibility that ero sion 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, Santa Clara County Fire Department 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 rain or other hardships, please contact our office as soon as possible.
You may complete the brush clearance work your self, 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