22 Abatement of Hazarous Brush~pW N OF
COUNCIL AGENDA REPORT
OS G ATO
MEETING DATE: 6/18/07
ITEM NO: t;Zc~
DATE: JUNE 5, 2007
TO: MAYOR AND TOWN COUNCIL Q
FROM: DEBRA J. FIGONE, TOWN MANAGER #;:i~e
SUBJECT: 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 7, 2007, the Town Council passed a resolution declaring hazardous vegetation (brush) a
public nuisance and set June 18, 2007 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.
PREPARED BY: KEVIN ROHANI
Interim Director of Parks and Public Works
NAENGMEERING\COUNCIL REPORTS\brush.61807.doc
Reviewed by: ~ J ~ Assistant Town Manager Town Attorney
Clerk Administrator Finance Community Development
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ABATEMENT OF HAZARDOUS VEGETATION (BRUSH)
JUNE 5, 2007
Attached for information is a Town Council Hazardous Vegetation Abatement Schedule (for
both brush and weeds) for year 2007 - (Attachment 3).
CONCLUSION
Staff recommends approval of resolution overruling objections and ordering hazardous
vegetation abatement (brush).
FISCAL IMPACT:
There is no fiscal impact.
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 2007
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 #1, 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 #l, 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 7, 2007, the Town Council of the Town of Los Gatos adopted
Resolution 2007-051, 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 18, 2007 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. 2007-051, by causing copies of the NOTICE OF
PUBLIC HEARING TO ABATE HAZARDOUS VEGETATION (BRUSH) in the same form as
annexed to said Resolution No. 2007-051 to be published in the Los Gatos Weekly Times, a
newspaper of general circulation published in the Town of Los Gatos on May 30, 2007, and June
6, 2007, respectively, and causing said notice (referred to as Exhibit A) to be posted on May 25,
2007 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:
ATTACHMENT 1
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.
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 11.20.010 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 18th day of June, 2007, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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 18, 2007 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/ Jackie Rose
Clerk Administrator
PUB: LG5/30/07 & 6/6/07.
EXHIBIT A
FIRE DEPARTMENT
FIR.F SANTA CLARA COUNTY
14700 Winchester Blvd., Los Gatos, CA 95032-1818
couararesewce (408) 378-4010 • (408) 378-9342 (fax) • WWW.sccfd.org
Dear property owner,
~~~rrna~ioa
Internationally Accredited
Agoicy
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 18, 2007 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, Las Altos,
Los Altos Hills. Los Gatos. Monte Serena. Morgan Hill, and Saratoga
ATTACHMENT 2
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2006 COUNTY CONTRACTOR'S WEED ABATEMENT PRICE LIST
Prices INCLUDE a 150% County Administrative Fee
A) Disc Work**
PARCEL SIZE:
0-12,500 sq.ft.
121501sq.ft.- 43,560sq.ft.
Larger than 1 Acre
ACRE)
V. Disc . + 2' Disc Total Discs
750.00 75.00 $825.00
750.00 100.00 875.00
500.00 100.00 600.00 (PER
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 $106.25 PER PERSON,PER HOUR
C) FLAIL 6 Foot Mower $180.00 PER HOUR
MOWING 12 Foot Mower $360.00 PER HOUR
D) LOADER WORK $312.50 PER HOUR
E) DUMP TRUCK $312.50 PER HOUR
F) BRUSH WORK $106.25 PER HOUR
G) BOOM MOWING $412.50 PER HOUR
G) DUMP FEE 100%
Added to orders with debris removal at 100% of the dumpsite charge.
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SOS GAt~s
TOWN OF LOS GATOS
TOWN COUNCIL SCHEDULE FOR 2007
HAZARDOUS VEGETATION ABATEMENT
HAZARDOUS VEGETATION ABATEMENT BRUSH)
May 7, 2007 Hazardous Vegetation Abatement (Brush)
A. Adopt resolution declaring hazardous vegetation (brush) a public
nuisance and providing for their abatement.
B. Set June 18, 2007, as a public hearing on this annual program.
June 18, 2007 Public Hearing - Abatement of Hazardous Vegetation (Brush)
Adopt resolution overruling objections and ordering hazardous vegetation
abatement (brush).
August 6, 2007 Abatement of Hazardous Vegetation Brush)
A. Conduct public hearing to consider the report of the County Fire Marshal
on abatement of hazardous vegetation (brush) for the 2007-2008 season.
B. Adopt resolution approving said report (available in the Clerk Department).
HAZARDOUS VEGETATION ABATEMENT ()YEEDS)
August 6, 2007 Abatement of Hazardous Vegetation (Weeds)
A. Conduct public hearing to consider the report of the County Fire Marshal
on abatement of hazardous vegetation (weeds) for the 2007-2008 season.
B. Adopt resolution approving said report (available in the Clerk Department).
November 19, 2007 Abatement of Hazardous Vegetation (Weeds)
A. Adopt resolution declaring hazardous vegetation (weeds) a public
nuisance and providing for their abatement.
B. Set January 22, 2008, as a public hearing date on this annual program.
January 22, 2008 Public Hearing - Hazardous Vegetation Abatement (Weeds)
Adopt resolution ordering abatement of hazardous vegetation (weeds).
Attachment 3