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Staff ReportwN Boa c��o DATE: TO: FROM: COUNCIL AGENDA REPORT MAY 21, 2015 MAYOR AND TOWN COUNCIL LES WHITE, INTERIM TOWN MANAGE MEETING DATE: 06/02/15 ITEM NO: I SUBJECT: ABATEMENT OF HAZARDOUS VEGETATION (BRUSH) AFTER HOLDING THE REQUIRED PUBLIC HEARING, ORDER ABATEMENT OF HAZARDOUS VEGETATION (BRUSH) RECOMMENDATION: After holding the required public hearing, order abatement of hazardous vegetation (brush). BACKGROUND: On May 5, 2015 the Town Council passed Resolution 2015 -025 declaring hazardous vegetation (brush) a public nuisance and set June 2, 2015 as the date for the public hearing to overrule objections and order abatement of hazardous vegetation (Attachment 1). The required public posting and publishing has been completed (Attachment 2). Property owners were mailed a notice by the Santa Clara County Fire Department (Attachment 3) 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 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. CONCLUSION: Staff recommends that the Town Council overrule any objections that are received as of the June 2, 2015 public hearing and order the abatement of hazardous vegetation (brush). No objections have been received as of the date of this report. PREPARED BY: MATT MORLEY Director of Parks and Public Works Reviewed by: L'A—Assistant Town Manager Town Attorney L PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: ABATEMENT OF HAZARDOUS VEGETATION (BRUSH) MAY 21, 2015 CONCLUSION (cont'd): After the abatement of hazardous vegetation (brush) has been completed by the County, a Public Hearing will be conducted on August 4, 2015, where Council will be asked to consider the report of the County Agricultural Commissioner and adopt a resolution approving the report. ALTERNATIVES: Not applicable. COORDINATION: This program is coordinated with the Santa Clara County Department of Agriculture Weed Abatement Program. FISCAL IMPACT: There is no fiscal impact. Attachments: 1. Resolution 2015 -025 2. Notice of Public Hearing 3. Santa Clara County Fire Department Letter to Property Owners 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 RESOLUTION 2015 -025 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DECLARING HAZARDOUS VEGETATION (BRUSH) A PUBLIC NUISANCE AND PROVIDING FOR ABATEMENT WHEREAS, Sections 39560 and following of the Government Code of the State of California authorize the Town of Los Gatos to declare that hazardous vegetation (brush) growing to such size and such type and in such locations as to constitute a fire hazard to the community may be declared a public nuisance and to compel owners, lessees, or occupants of buildings, grounds, or lots to remove or abate the hazardous vegetation (brush) to mitigate the fire hazard from such buildings, grounds, or tots to remove or abate the hazardous vegetation (brush) to mitigate the fire hazard from such buildings, grounds, property, and adjacent sidewalks and parkways, and upon the person's failure to do so, to remove or abate such hazardous vegetation (brush) at the owner's expense, making the cost of that abatement a lien upon the property; and WHEREAS, the Town of Los Gatos has entered into an agreement with the County of Santa Clara to provide hazardous vegetation (brush) abatement services; and WHEREAS, the maintenance of hazardous vegetation (brush) in violation of the Uniform Fire Code adopted by the Town of Los Gatos in the Wild Land Urban Interface Areas identified and shown on the "hazardous Fire Area" map constitutes a public nuisance and should be abated immediately; and WHEREAS, the Fire Department has mailed notices to property owners in the Hillside Hazardous Fire Area notifying them of the need to abate hazardous vegetation (brush) violations and explaining the steps necessary to correct such violations. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los Gatos, and the Town Council hereby finds that hazardous vegetation (brush) is a wood, perennial plant usually with multiple stems and trunks under ten feet in height and is indigenous to the hillside area. Hazardous vegetation (brush) is also known to have a high oil, high resin, or low moisture contention in their leaves and branches. Examples of this type of plant material include California Sagebrush, Greaswood or Chamise, Scotch Broom and Toyon. Unabated growth of hazardous vegetation (brush) upon and adjacent to private property within the Hillside Hazardous Fire Area and adjacent parkways and sidewalks is a public nuisance, and should be abated. The Director of Parks and Public Works shall act as the Superintendent for purposes of giving notice, supervising performance of the agreement with the County of Santa Clara, and evaluating the costs of abatement. BE IT FURTHER RESOLVED that the Clerk Administrator is directed to mail notice of this resolution to the persons designated by the Superintendent in conformance with the Government Code and publish notice of this resolution as provided in the Government Code, ATTACHMENT 1 HE IT FURTHER RESOLVED that unless the hazardous vegetation (brush) violations are corrected by June 14, 2015, or within the time specified in a written agreement with the Superintendent or the Superintendent's representative, the Town of Los Gatos shall cause such nuisance to be abated, and the expense thereof assessed upon the lots or lands from which or on which the abatement actions occur, such expense to constitute a lien upon such lots or lands until paid, and to be collected upon the next real property tax roll upon which general municipal taxes are collected. BE IT FURTHER RESOLVED that on the 2"'c day of June, 2015, at a meeting of the Town Council beginning at 7:00 p.m. in the Council Chambers of the Civic Center, 110 E. Main Street, Los Gatos, CA, a public hearing will be held during which all property owners in Hillside Hazard Area in the Town of Los Gatos having any objections to the proposed abatement of hazardous vegetation (brush) will be heard and given due consideration. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 5 "' day of May, 2015 by the following vote: COUNCIL MEMBERS: AYES: Steve Leonardis, Rob Rennie, Marico Sayoc, Barbara Spector, Mayor Marcia Jensen 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 2, 2015 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/ Shelley Neis Clerk Administrator PUB: LG 5/15/15 & 5/22/15 ATTACHMENT C . , • I viol 14700 Winchester Blvd., Los Gatos. CA 95032 -1818 (408) 378 -4010 • (408) 378 -9342 (fax) • www.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 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 2, 2015 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, and Saratoga ATTACHMENT LOS GATOS WEED ABATEMENT PROGRAM SCHEDULE 2015 COUNTY WEED ABATEMENT FEES Please be advised that the property owner of any parcel found to be non- compliant on or after the June 1s' deadline will be scheduled for abatement by the County contractor. If you complete the abatement work before the County contractor perform the abatement, you will not incur any 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. 2015 COUNTY CONTRACTOR'S WEED ABATEMENT PRICE LIST A) Disc Work ** PARCEL SIZE: I' Disc + 0 - 12,500 sq.ft. $188.49 12,501 sq.ft. - 43,560 sq.ft. $219.02 Larger than 1 Acre $93.72 2 °" Disc = Total Discs 126.36 $314.85 157.97 $376.99 83.19 $176.91 (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) DEBRIS REMOVAL G) DUMP FEE $3.05 PER 100 sq ft. 6 Foot Mower $2.11 PER 1000 sq.ft. 12 Foot Mower $2.11.PER 1000 sq.ft. $102.67 PER HOUR $94.77 PER HOUR $3.05 PER 100 sq.ft. $36.10 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.