22 Staff Report - Abatement of Hazardous Vegetation (Brush)saw K of
t', s COUNCIL AGENDA REPORT
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DATE: MAY 20, 2009
TO: MAYOR AND TOWN COUNCIL
MEETING DATE: 6115109
ITEM NO:
C~2 q
FROM: GREG LARSON, TOWN MANAGER
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 4, 2009, the Town Council passed Resolution 2009-046 declaring hazardous vegetation
(brush) a public nuisance and set June 15, 2009 as the date for the public hearing. The required
public posting and publishing has been done (Notice attached as Exhibit A). Property owners
have been noticed by mail from the Santa Clara County Fire Department (Attachment 2) to
remove brush in accordance with fire safety standards. The public 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 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
brush) for the year 2009 (Attachment 3).
PREPARED BY. TODD CAPURSO
Director of Parks and Public Works
Reviewed by Assistant Town Manager Town Attorney
Clerk Administrator Finance Community Development
N:1PPMMANAGEMEH'I'ICOUNCILICOUNCIL REPORTS12009 reportsViine 151Bnish.Pub.Hearing.61509.doc
PAGE 2
MAY 20, 2009
MAYOR AND TOWN COUNCIL
SUBJECT: ABATEMENT OF HAZARDOUS VEGETATION (BRUSH)
CONCLUSION
Staff recommends approval of a 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. Santa Clara County Fire Department letter to property owners
3. Los Gatos Town Council Hazardous Vegetation Abatement Schedule for the year 2009
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, San Jose, CA 95112
RESOLUTION
Attachment 1
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 4, 2009, the Town Council of the Town of Los Gatos adopted
Resolution 2009-046, 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 15, 2009 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. 2009-046, by causing copies of the NOTICE OF
PUBLIC HEARING TO ABATE HAZARDOUS VEGETATION (BRUSH) in the same forth as
annexed to said Resolution No. 2009-046 to be published in the Los Gatos Weekly Times, a
newspaper of general circulation published in the Town of Los Gatos on May 27, 2009, and June
03, 2009, respectively, and causing said notice (referred to as Exhibit A) to be posted on May 27,
2009 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.
NOW, THEREFORE, BE IT 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.
BE IT 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 15t" day of June, 2009, 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
Exhibit A
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 15, 2009 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.
Isl Jackie Rose
Cleric Administrator
PUB: LG 5/27109 & 6103104.
Attachment 2
Go fimis6[o~
~GL A C0, FIRE DEPARTMENT
SANTA CLARA COUNTY
I E r.. '
14700 Winchester Bivd., Los Gatos, CA 95032-1818 rn era„~
Gp1fl~E9YR9FH17CE (408) 378-4010 • (408) 378-9342 (fax) • www.sccfd.org internationally Accredited
Agency
April 29, 2009
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 Wildland Safety Regulations. Enclosed is a copy of
the 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 rune 15, 2009 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 _
Serving Santa Clara County and the communities of Campbell Cupertino, Los Altos,
Los Altos Hills, Los Gatos, Monte Serena, Morgan (-fill, and Saratoga
Attachment 2
2009 COUNTY CONTRACTOR'S 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.
$801.83
80.18
$882.01
12,501sq.ft. - 43,560sq.ft.
801.83
10690
$908-73
Larger than 1 Acre
534.55
106.90
641,45 (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
C) FLAIL MOWING
D) LOADER WORK
E) DUMP TRUCK
F) BRUSH WORK
G) BOOM MOWING
G) DUMP FEE
113.60 PER PERSON, PER HOUR
6 Foot Mower $192.43 PER HOUR
12 Foot Mower $384.88 PER HOUR
$334.10 PER HOUR
$334.10 PER HOUR
$113.60~EER HOUR
$441.00 PER HOUR
100%
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
Attaclumnt 3
~~S G ASQS
TOWN OF LOS GATOS
PARKS AND PUBLIC WORKS DEPARTMENT
SCHEDULED TOWN COUNCIL REPORTS THAT REQUIRE PUBLIC HEARINGS
HAZARDOUS VEGETATION ABATEMENT (BRUSH)
May 4, 2009 Hazardous Vegetation Abatement (Brush)
A. Adopt resolution declaring hazardous vegetation (brush) a public nuisance and
providing for their abatement.
B. Set June 15, 2009, as a public hearing on this annual program.
June 15, 2009 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).
August 3, 2009 Abatement of Hazardous Vegetation (Brush)
A. Conduct Public Hearing to consider the report of the County Agricultural
Commissioner (available in the Clerk Department) on the abatement of hazardous
vegetation (brush) for the 2009-2010 season.
B. Adopt resolution approving said report (available in Clerk Department).