19 Staff Report - Abatement of Hazardous Vegetation (Brush)MEETING DATE: 6/19/06
t°w" 0 ITEM NO.
COUNCIL AGENDA REPORT
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DATE: JUNE 8, 2006
TO: MAYOR AND TOWN COUNCIL IRf
FROM: DEBRA J. FIGONE, TOWN MANAGSUBJECT: ABATEMENT OF HAZARDOUS VEGETATION (BRUSH)
ADOPT RESOLUTION OVERRULING OBJECTIONS AND ORDERING
HAZARDOUS VEGETATION ABATEMENT (BRUSH)
RECOMMENDATION:
1. Open and hold the Public Hearing.
2. Close the Public Hearing.
3. Adopt Resolution (Attachment 1) overruling objections and ordering hazardous vegetation
abatement (brush).
BACKGROUND:
On May 1, 2006, the Town Council passed a resolution declaring hazardous vegetation (brush) a
public nuisance and set June 19, 2006 as the date for the public hearing. The required posting and
publishing has been done - (Exhibit A). Property owners have been 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:
The Town annually declares hazardous vegetation (brush) a nuisance due to fire danger and enters
into a contract (along with other municipalities) with the County 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.
Attached for information is a Town Council Hazardous Vegetation Abatement Schedule (for both
brush and weeds) for year 2006 - (Attachment 3).
PREPARED BY: OHN E. CURTIS
irector of Parks and Public Works
Reviewed by: Assistant Town Manager Attorney Clerk Administrator
Finance Community Development Revised: 6/8/06 11:57 am
Reformatted: 5/30/02
N:AB&E\COUNCIL REPORTS\BRUSH.619.06.wpd
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ABATEMENT OF HAZARDOUS VEGETATION (BRUSH)
JUNE 8, 2006
CONCLUSION
Staff recommends approval of resolution overruling objections and ordering hazardous vegetation
abatement (brush).
FISCAL IMPACT:
None
Attachments:
1. Resolution overruling objections and ordering abatement (with Exhibit A - Notice of Public
Hearing)
2. Letter from Santa Clara County Fire Department to property owners
3. Town Council Hazardous Vegetation Abatement Schedule for year 2006
Distribution:
Dirk Mattern, Deputy Chief of Fire Prevention, Central Fire District, 14700 Winchester Boulevard,
Los Gatos, CA 95030
Greg Van Wassenhove, Director, County of Santa Clara, Department of Agriculture and Resource
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, Building #l, San Jose, CA 95112
Ed Galetti, Inspector, County of Santa Clara Office of the Agricultural Commissioner, Agriculture
and Environmental Management, 1553 Berger Drive, Building #1, San Jose, CA 95112
Ray Moreno, Inspector, County of Santa Clara Office of the Agricultural Commissioner, Agriculture
and Environmental Management, 1553 Berger Drive, Building #1, San Jose, CA 95112
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
OVERRULING OBJECTIONS AND ORDERING
ABATEMENT OF HAZARDOUS VEGETATION (BRUSH) AS A PUBLIC NUISANCE
WHEREAS, on May 1, 2006, the Town Council of the Town of Los Gatos adopted
Resolution 2006-050, entitled, "A RESOLUTION DECLARING HAZARDOUS VEGETATION
(BRUSH) A PUBLIC NUISANCE AND PROVIDING FOR ABATEMENT", directing the giving
of notice that hazardous vegetation (brush) will be abated by the Town and the cost thereof made
a lien upon the private properties from which they are removed if the owners thereof fail to do so,
and establishing the June 19, 2006 meeting, as the time for a public hearing by the Town Council,
during which all property owners having any objections to the proposed destruction or removal of
such hazardous vegetation (brush) might be heard and given due consideration; and
WHEREAS, that the Director of Parks and Public Works of the Town of Los Gatos gave
notice of the passage of said Resolution No. 2006-050, by causing copies of the NOTICE OF
PUBLIC HEARING TO ABATE HAZARDOUS VEGETATION (BRUSH) in the same form as
annexed to said Resolution No. 2006-050 to be published in the Los Gatos Weekly Times, a
newspaper of general circulation published in the Town of Los Gatos on May 31, 2006, and June 7,
2006, respectively, and causing said notice (referred to as Exhibit A) to be posted on May 26, 2006
in two (2) prominent places in the Town of Los Gatos; and
WHEREAS, the Town has given Notice to all property owners found in non-compliance;
and
WHEREAS, pursuant to said resolution and notice, the Town Council conducted a public
hearing this date with respect thereto, at which time all property owners having any objections to the
proposed destruction or removal of such attest:
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State
of California, that all objections, if any, to the proposed destruction or removal of such hazardous
vegetation (brush) are hereby overruled, and the Director of Parks and Public Works, or his
representative, is hereby ordered to abate such nuisance, or cause the same to be abated, by having
the hazardous vegetation (brush) destroyed or removed by cutting, dicing, chemical spraying, or any
other method which may hereafter be determined by the Town Council.
Attachment 1
FURTHER RESOLVED, that the Director of Parks and Public Works of the Town of Los
Gatos, or his authorized agent or representative, and the Clerk Administrator, are directed to proceed
with the matters set forth in Section 11.20.0 10 through Section 11.20.045 of the Los Gatos Town
Code.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos held on the 19`h day of June, 2006, 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
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 set Monday,
June 19, 2006 at 7:00 P.M. in the Council Chambers, 110 East Main Street, Los Gatos, California,
as the time and place for a Public hearing to consider declaring that hazardous conditions exist on
the properties listed 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.
/s/ Marlyn J. Rasmussen
Clerk Administrator
PUB: LG5/31/06 & 6/07/06.
Exhibit A
Jun 08 06 10:27a SCC Fire Dept 408-378-9342 p.2
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FIRE DEPARTMENT
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 19, 2006 at 7:00 PM. At that time, all
properties identified by the Fire Department as being non-compliant
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. 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) 282-3145 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 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
Serving Santa Clara County and the communities of Campbell, Cupertino, Los Altos.
Los Altos Hills, Los Gatos, Monte Sereno, Morgan Hill, and Saratoga
Attachment 2
l,~_ i t
Jun 08 06 10:27a SCC Fire Dept
408-378-9342 p.3
2006 COUNTY CONTRACTOR'S WEED ABATEMENT PRICE LIST
Prices INCLUDE a 150% County Administrative Fee
A) Disc Work**
PARCEL SIZE:
1' Disc +
2' Disc
= Total Discs
0-12,500 sq.ft.
473.1
157.7
$631.88
12,501sq.ft.- 43,560sq.ft.
92.86
164.29
657.15
Larger than 1 Acre
73.91
157.97
631.88 (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 fi
rst discing.
B) HANDWORK $94.78 PER PERSON, PER HOUR
C) FLAIL, 6 Foot Mower $227.48 PER HOUR
MOWING 12 Foot Mower $290.66 PER HOUR
D) LOADER WORK $278.03 PER HOUR
E) DUMP TRUCK $278.03 PER HOUR
F) BRUSH WORK $88.46 PER HOUR
G) BOOM MOWING $328.58 PER HOUR
H) DUMP FEE 1000/0
Added to orders with debris removal at 100% of the dumpsite charge.
*Please note-this program does not offer herbicide application as a method of abatement
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TOWN OF LOS GATOS
TOWN COUNCIL SCHEDULE FOR 2006
HAZARDOUS VEGETATION ABATEMENT
HAZARDOUS VEGETATION ABATEMENT (BRUSH)
May 1, 2006 Hazardous Vegetation Abatement (Brush)
A. Adopt resolution declaring hazardous vegetation (brush) a public
nuisance and providing for their abatement.
B. Set June 19, 2006, as a public hearing on this annual program.
June 19, 2006 Public Hearing - Abatement of Hazardous Vegetation (Brush)
Adopt resolution overruling objections and ordering hazardous vegetation
abatement (brush).
August 7, 2006 Abatement of Hazardous Vegetation (Brush)
A. Conduct public hearing to consider the report of the County Fire Marshal
(available in the Clerk Department) on the abatement of hazardous
vegetation (brush) for the 2006-2007 season.
B. Adopt resolution approving said report (available in the Clerk Department).
HAZARDOUS VEGETATION ABATEMENT (WEEDS)
August 7, 2006 Abatement of Hazardous Vegetation (Weeds)
A. Conduct public hearing to consider the report of the County Fire Marshal
(available in the Clerk Department) on the abatement of hazardous
vegetation (weeds) for the 2006-2007 season.
B. Adopt resolution approving said report (available in the Clerk Department)
November 20, 2006 Abatement of Hazardous Vegetation (Weeds)
A. Adopt resolution declaring hazardous vegetation (weeds) a public
nuisance and providing for their abatement.
B. Set January 16, 2007, as a public hearing date on this annual program.
January 16, 2007
Public Hearing - Hazardous Vegetation Abatement (Weeds)
Adopt resolution ordering abatement of hazardous vegetation (weeds).
Attachment 3
77-11- _ 1 r