2011080104 - Hazardous Brush AbatementCOUNCIL AGENDA REPORT
DATE: JUNE 28, 2011
TO: MAYOR AND TOWN COUNCIL
MEETING DATE: 08/01/11
ITEM NO: �I
FROM: GREG LARSON, TOWN MANAGER7-0440*
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 16, 2011, the Town Council passed a resolution declaring hazardous vegetation (brush)
a public nuisance and set June 20, 2011 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). The hearing is an
opportunity for those objecting to the potential charges to come forward and be heard.
DISCUSSION:
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.
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PREPARED BY: TODD CAPURSO
Director of Parks and Public Works
Reviewed by: 1‘) Assistant Town Manager Town Attorney
Clerk Administrator ance Community Development
N:\PPW\MANAGEMENP\COUNCIL\COUNCIL REPORTS\2011 Reports \ August 1\Brush.PubHearing.080111.docx
PAGE 2
JUNE 28, 2011
MAYOR AND TOWN COUNCIL
SUBJECT: ABATEMENT OF HAZARDOUS VEGETATION (BRUSH)
CONCLUSION:
Staff recommends that the Town Council overrule objections and order hazardous vegetation
abatement (brush).
FISCAL IMPACT:
There is no fiscal impact.
Attachments:
1. Notice of Public Hearing
2. Letter from Santa Clara County Fire Department to property owners
3. Town Council Hazardous Vegetation Abatement Schedule for 2011
Distribution:
Dirk Mattem, 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 Office of the Agricultural Commissioner,
Agriculture and Environmental Management, 1553 Berger Drive, San Jose, CA 95112
Attachment 1
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 scheduled
a public hearing for Monday, June 20, 2011 at 7:00 P.M. in the Council Chambers, 110 East
Main Street, Los Gatos, California to consider declaring that hazardous conditions exist 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.
A complete record concerning this matter is on file for public inspection in the Clerk DepaiLnent
at 110 East Main Street, Los Gatos.
/s/ Jackie Rose
Clerk Administrator
PUB: LG 5/25/11 & 6/01/11
Attachment 2
FIRE DEPARTMENT
SANTA CLARA COUNTY
14700 Winchester Blvd., Los Gatos, CA 95032-1818
(408) 378-4010 • (408) 378-9342 (fas) • wwiv.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 Wild.land Safety Regulations. Enclosed is a copy of
the notice that was left at theresidence 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 20, 2011 at 7:00 PM. 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) 378-4010.
Organized as the Santa Clara County Central Fire Protection District
&ruing. Santa Clara County and the communities of Campbell Cupertino, Los Altos,
Los Altos Hills. Los Gatos. Monte Sereno. Morgan Hill. and Saratoga
Attachment 3
TOWN OF LOS GATOS
PARKS AND PUBLIC WORKS DEPARTMENT
SCHEDULE TOWN COUNCIL REPORTS THAT REOUIRE PUBLIC HEARINGS
May 16, 2011
June 20, 2011
August 1, 2011
HAZARDOUS VEGETATION ABATEMENT (BRUSH)
Hazardous Vegetation Abatement (Brush)
A. Adopt resolution declaring hazardous vegetation (brush) a public
nuisance and providing for their abatement.
B. Set June 20, 2011, as a public hearing on this annual program.
Abatement of Hazardous Vegetation (Brush)
Adopt resolution overruling objections and ordering hazardous vegetation
abatement (brush)
1. Open and hold the Public Hearing.
2. Close the Public Hearing.
3. Adopt resolution overruling objections and ordering hazardous
vegetation abatement (brush).
Abatement of Hazardous Vegetation (Brush)
A. Conduct Public Hearing to consider the report of the County
Agricultural Commissioner (available in the Clerk Depaitment) on
the abatement of hazardous vegetation (brush) for the 2011-2012
season.
B. Adopt resolution approving said report (available in Clerk
Department).
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