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Abatement of Hazardous Vegetation (Brush)tOw N DF tosos COUNCIL AGENDA REPORT DATE: MAY 22, 2012 MEETING DATE: 06/04/12 ITEM NO: I ;� TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER = SUBJECT: ABATEMENT OF HAZARDOUS VEGETATION (BRUSH) OVERRULE OBJECTIONS AND ORDER HAZARDOUS VEGETATION ABATEMENT (BRUSH) RECOMMENDATION 1. Open and hold the Public Hearing. 2. Close the Public Hearing. 3. Overrule objections and order hazardous vegetation abatement (brush). BACKGROUND On May 21, 2012 the Town Council passed Resolution 2012 -019 declaring hazardous vegetation (brush) a public nuisance and set June 4, 2012 as the date for the public hearing. The required public posting and publishing has been completed (Attachment 1). 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 2012 (At 3). PREPARED BY: TODD CAPURSO Director of Parks and Public Works Reviewed by:J,�A_Assistant Town Manager —0—Town Attorney Finance N:`,PPW \MANAGEMENT \COUNCIUCOUNCIL REPORTS\2012 Reports\June 4 \Hazardous Vegetation Abatement - 2012 B rush\B rush. Pub. Hearing.060412.doex PAGE 2 MAY 22, 2012 MAYOR AND TOWN COUNCIL SUBJECT: ABATEMENT OF HAZARDOUS VEGETATION (BRUSH) CONCLUSION Staff recommends that the Town Council overrule any objections that are received as of the June 0 1 public hearing and order hazardous vegetation abatement (brush). No objections have been received. to -date. FISCAL IMPACT There is no fiscal impact. Attaclunents: 1. 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 2012 Tli etrihntinn - Dirk Mattern, 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 #l, 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 set Monday, June 4, 2012 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. A complete record concerning this matter is on file for public inspection in the Clerk Department at 110 East Main Street, Los Gatos. /s/ Mazarin Vakharia Clerk Administrator PUB: LG 5/15/12 & 5/22/12 THIS PAGE INTENTIONALLY LEFT BLANK Attachment 2 FIRE DEPARTMENT SANTA CLARA COUNTY 14700 Winchester Blvd., Los Gatos, CA 95032 -1818 (408) 378 -4010 -(408) 378- 93442 (fax) - ww v.sccfd.org Dear property owner, Your property, which is located mi 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 June 4, 2012 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 Sereno, Morgan Hill, and Saratoga LOS GATOS WEED ABATEMENT PROGRAM SCHEDULE January 17, 2012 Public hearing to consider objections to Abatement List. April 15, 2012 PARCEL ABATEMENT DEADLINE Parcel must be free from hazardous vegetation by this date or Inspector will order abatement. July - August, 2012 Assessment Hearing to protest abatement charges (Date subject to change, please confirm with City Clerk) 012 COUNTY WEED ABATEMENT FEES If this as your first year in the Weed 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 the property owner of any parcel found to be non - compliant on or after the April 15 deadline will be charged an inspection fee of $250.00 and the property will be scheduled for abatement by the County contractor. If you complete the abatement work before the County contractor performs the abatement, you will not incur further 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. 2012 COUNTY CONTRACTOR'S WEED ABATEMENT PRICE LIST A) Disc Work ** PARCEL SIZE; 0- 12500 sq.ft. 12,501sq.ft: 43,560sq.ft. Larger than 1 Acre 1" Disc + V Disc $12%00 $120.00 208.00 $150.00 89.00 9.00 = Total Discs 299.00 358.00 168.00 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 $2.90 PER 100 sqft C) FLAIL 6 Foot Mower $2.00 PER 1000 sqft MOWING 12 Foot Mower $2.00 PER_ 1000 sqft D) LOADER WORK $97.50 PER HOUR E) DUMP TRUCK $90.00 PER HOUR F) BRUSH WORK $2.90 PER 100 sqft O) 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 sloes not offer herbicide application as a method of abatement. Attachment 3 p ow uF I � . 1 p s A • G t', A w� o S TOWN OF LOS GATOS PARKS AND PUBLIC WORKS DEPARTMENT SCHEDULE TOWN COUNC REPORTS THAT REQUIRE PUBLIC HEARINGS HAZARDOUS VEGETATION ABATEMENT (BRUSH) May 7, 2012 Hazardous Vegetation Abatement (Brush) A. Adopt resolution declaring hazardous vegetation (brush) a public nuisance and providing for their abatement. B. Set June 4, 2012, as a public hearing on this annual program. June 4, 2012 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 6, 2012 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 2012 -2013 season. B. Adopt resolution approving said report (available in Clerk Department). Tins PAGE INTENTIONALLY LEFT BLAND