11I of MEETING DATE: 08/05/13
ITEM NO:
COUNCIL AGENDA REPORT
s G`ASo
DATE: JULY 16, 2013
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: ABATEMENT OF HAZARDOUS VEGETATION (BRUSH
A. CONDUCT PUBLIC HEARING TO CONSIDER OBJECTIONS TO
HAZARDOUS VEGETATION ABATEMENT (BRUSH)
B. OVERRULE OBJECTIONS AND ORDER HAZARDOUS VEGETATION
ABATEMENT (BRUSH)
RECOMMENDATION:
1. Conduct Public Hearing to consider objections to hazardous vegetation abatement (brush).
2. Overrule objections and order hazardous vegetation abatement (brush).
BACKGROUND:
On May 6, 2013, the Town Council passed a resolution declaring hazardous vegetation (brush) a
public nuisance and set June 17, 2013 as the date for the public hearing (Attachment 1). The
required posting and publishing has been completed. Property owners were noticed by mail to
remove brush in accordance with fire safety standards (Attachment 2). A list of properties
receiving notice is attached. (Attachment 3). The hearing is an opportunity for those objecting to
the potential charges to come forward and be heard.
1 —061iMMUMN
As part of the annual Brush Abatement Program with Santa Clara County, the Town annually
declares hazardous vegetation (brush) a nuisance due to fire danger. The Town then enters into a
contract with the County, along with other municipalities, 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.
PREPARED BY: BOB KASS /
Interim Director of Parks and Public Works
Reviewed by: Assistant Town Manager Town Attorney Finance
N:\PPW\MANAGEMENT \COUNCIL \COUNCIL REPORTS\2013 Reports \080513\ Brush \Brush.PubHearing.080513.doex
PAGE 2
JULY 16, 2013
MAYOR AND TOWN COUNCIL
SUBJECT: ABATEMENT OF HAZARDOUS VEGETATION (BRUSII)
CONCLUSION:
Staff recommends that the Town Council overrule objections and order hazardous vegetation
abatement (brush).
FISCAL IMPACT:
There is no fiscal impact.
A tta nlh m antc
1. Resolution declaring hazardous vegetation
2. Letter from Santa Clara County Fire Department to property owners
3. Brush parcels notified
Distribution:
Chief John Justice, Deputy Chief of Fire Prevention, Central Fire District, 14700 Winchester
Boulevard, Los Gatos, CA 95030
Amy Brown, Director of Agriculture and Environmental Management for Santa Clara County,
1553 Berger Drive, Building #1, San Jose, CA 95112
Moe Kumre, Coordinator, Weed Abatement Program, Office of the Agricultural Commissioner,
1553 Berger Drive, Building #l, San Jose, CA 95112
RESOLUTION 2013015
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, malting 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 Wild Land Urban Interface Areas
identified and shown on the "Hazardous Fire Area" map constitutes a public nuisance and should
be abated immediately; and
WHEREAS, the Fire Department has mailed notices to property owners in the Hillside
Hazardous Fire Area 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
Californua Sagebrush, Greaswood or Chainise, 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 hi conformance with the
Government Code and publish notice of this resolution as provided in the Government Code.
Attachment J.
BE IT FURTHER RESOLVED that unless the hazardous vegetation (brush)
violations are corrected by June 20th, 2013, or 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 17t1' day of June, 2013, at a meeting of the
Town Council beginning at 7:00 p.m, in the Council Cbambers of the Civic Center, 110 E. Main
Street, Los Gatos, CA, a public hearing will be held during which all property owners in Hillside
Hazard Area 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 6th day of May, 2013 by the following vote:
COUNCIL MEMBERS:
AYES: Marcia Jensen, Steven Leonardis, Diane McNutt, Joe Pirzynski, and Mayor Barbara Spector
NAYS:
ABSENT:
ABSTAIN:
SIG ED:
l r"Lv
MAYOR,W'THE TOWN OF LOS GATOS
-1 409" ATOS, CALIFORNIA
ATTEST:
d1VN*4W&iA1
CLERI( ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
° A 06 , FIRE DEPARTMENT
, lTn� �,� 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 located in the hillside area was recently inspected by
Santa Clara County Fire Department personnel and found to not be
in satisfactory compliance with the Hazardous Fire Area safety
regulations. Enclosed is a copy of a 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 17, 2013 at 7:00 PM. At that time, all
properties identified by the Fire Department as being noncompliant
with Hazardous Fire Area 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.
Note: 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 the compliance work identified for your property involves brush or
weed removal, you may request the services of the approved County
of Santa Clara abatement contractor. If you are interested in this
service, please call the Hazardous Vegetation Department of Santa
Clara County (408) 299 -5765 to request more information and/or to
schedule an inspection appointment for a cost estimate. For your
convenience, a price list indicating the rates for the County approved
contractor is included on the reverse side of 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) 378 -4010.
Organized as the Santa Clara County Central Fire Protection District
Seruing Santa Clara County and the communities of Campbell, Cupertino, Los Altos,
Los Altos Nllls, Los Gatos, Monte Sereno, and Saratoga
Attachment 7
TOWN OF LOS GATOS
2013 COUNTY BRUSH ABATEMENT PROGRAM FEES
if this is your first year in the Brush Abatement Program, you will be responsible for a fee of $41,00
per parcel to cover the cost of creating and maintaining a file in our database.
Please be advised that any parcel found to be non - compliant on or after the June I't deadline
will be scheduled for abatement by a County contractor. If you complete the abatement work
before the County contractor performs the abatement, you will not incur any 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 $169.00 per parcel.
2013 COUNTY CONTRACTOR'S BRUSH ABATEMENT PRICE LIST
A) Disc Work **
PARCEL SIZE:
I" Disc +
2od Disc
= Total Discs
0- 12,500 sq,ft.
179.00
$120.00
299.00
12,501sq.ft.- 43,560sq.ft.
$208.0 0
150.00
$358.00
Larger than 1 Acre
$89.00
$79.00
$168.00 (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 $290 PER 100 sqft
C) FLAIL 6 Foot Mower $2.00 PER 1000 sqft
MOWING 12 Foot Mower $2.00 PER 1000 sgft
D) LOADER WORK $97.50 PER HOUR
E) DUMP TRUCK $90.00 PER HOUR
F) BRUSH WORK $190 PER 100 sgft.
G) DEBRIS REMOVAL $34.28 PER HOUR
H) DUMP FEE 100%
Added to orders with debris removal at 100% of the dump site charge.
*Please note this program does not offer herbicide application as a method of abatement.
aY,i3.Itr� eon
FIRE DEPA RTMENT
SANTA CLARA COUNTY
14700 Winchester Blvd., Los Gatos, CA 95032 -1818
(408) 378 -4010 -(408) 378 -9342 (fax) - www.sccfd.org
February 18, 201.3
Dear Property Owner:.
The fire season will be upon us in a few ;Short months. We must not become complacent when it comes
to protecting our homes from hillside fires. Your property, as referenced above, is located in the
designated Wildland -Urban Interface Fire Area, and preparations for your ]ionic neecl to occl r over t:he
next few months, This information is being sent to all owners of liomes in hillside locations in Diu effort
to improve the chances of homes in these areas surviving a fine.
W
Creat.in- and maintaining defensible space on your property will significantly increase the chances of
your home SUrVIV1110 a hillside f re, his is accomplished by re1110V111g flallll]1 €tble bl "USII and dry
Grasses adjacent to structures. Your property identified above is located in the Very High Fire Hazard
Severity Zone (VHFHSZ) of the Wildl111d-Urban Interface Area as determined by CAL FIRE. State
law now requires a Defensible Space of 100 feet around homes and any accessory structures in the
VI -1FT-1SZ Area. The Santa Clara County Fire Chief's Association has developed the following list of
both required and recommended preventative measures. When. completed your property will be in
compliance with the applicable regulations, which will. greatly reduce the risk of loss or damage to your
home in the event of a hillside fire. If you would like more information about creating 100 feet of
defensible space, please contact us at (408) 378 -4010 or go to www.fire.ca.gov
Required 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 and thin shrubs 30 feet around structures. Additionally,
create a Reduced Fuel. Zone for the remaining 70 feet or to your property line.
F. Clear ornamental shrubs and trees of dead leaves and branches.
C. Remove all pine needles and leaves from roofs, caves 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 !-rills, Los Gatos, Monte, Sereno, and Saratoga
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Date
2010 BRUSH PARCELS FOR THE SANTA CLARA COUN'T'Y WILDLAND URBAN INTERFACE AREA
Work
APN TRA Re guest itvs
Owner Nazne Owner Address
Pn Rine Carnmenl
�., 532- 18-037 3 B,C 212'BROOKEAC:RES DR LCA.
GARNETI' MARTIN R AND CAROL S 212 BROOKE ACRES DR LOS GA'rOS (_( `
Pine noodles on root. Large dead pine tree in front yard, 2C62
532.1.9.022 3 C 17190 PHILLIPS AV LGA
MALANDER JAMES B AND GLORIA J 17190 PHILLIPS AVE LOS GATOS �:'
2024
a . V., E., to 1,.�g- U'l y 1% v1% C;. N N1 "i' 0 e w I LL. (Ps
�n 532.30 -040 3 A,13 128 VISTA DEL PRADO LGA
RICHARD AUGUSTINA TRUSTEE 128 VISTA DEL PRADO LOS GATOS
2062
r\, A) ,%;60'f 0-- 0is*rF: 0CL ;Y'1O,i11'S S? yIsT'N C;sc.L._ triA L. a-- U151N U:5L. ILADO
�O 532 - 30.041 3 A,13 130 VISTA DEL PRADO LGA
CORDONI ALBERT R AND SARANN P 130 VISTA DEL PRADO LOS GATOS.
2062
J 532.34 --035 3 C,D 239 VISTA DE SIERRA LGA
GIBBS MICHAEL E AND PEGGY J 239 VISTA DE SIERRA LOS GATOS
2C62
Mc110�J l 1p�-'ts"tN 0 Gx, vr)oa)vs L UtST pi; S1 -,P-q-
532.31 -054 3 A,S,C,D,F 224 VISTA DE'SIERRA LGA
ZWEIG STEPHEN E AND GAIL B 224 VISTA DE SIERRA LOS GAT05
532 - 34.056 3 C 250 VISTA DE SIERRA LGA
ALARCON RAMON AND GRETCHEN A 250 VISTA DE SIERRA LOS GATOS Q) J
2062
532 - 39.006 3 A 17500 PHILLIPS AV LGA
HOSKINS WARREN AND JUDITH A PO BOX 2166 LOS GATOS
532.39.010 3 A 17514 PHILLIPS AV LGA
KALDANI GNARGIS G'rRUSTEE U Ir'r 17514 PIILLIPS AVE LOS GATOS
It
Work has Roan completed. 61112113, OR G ..11 (S
Attachment 3
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