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Abatement of Hazardous Vegetation (Brush)q1\9G0F !ps G A.�pS DATE: Mel FROM: COUNCIL AGENDA REPORT JULY 24, 2012 MAYOR AND TOWN COUNCIL GREG LARSON, TOWN MANAGER MEETING DATE: 08/06/12 ITEM NO: ' 3 SUBJECT: ABATEMENT OF HAZARDOUS VEGETATION (BRUSH A. CONDUCT PUBLIC HEARING TO CONSIDER OBJECTION_ S TO HAZARDOUS VEGETATION ABATEMENT (BRUSH) B. OVERRULE OBJECTIONS AND ORDER HAZARDOUS VEGETATION ABATEMENT (BRUSH) RECOMMENDATION: 1. Conduct Public Hearing to consider objections to hazardous vegetation abatement (brush). 2. Overrule objections and order hazardous vegetation abatement (brush). BACKGROUND: On May 7, 2012, the Town Council passed a resolution declaring hazardous vegetation (brush) a public nuisance and set June 4, 2012 as the date for the public hearing (Attachment 1). The required posting and publishing has been completed. Property owners were 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: 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. The Town then enters into a contract with the County, along with other municipalities, 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: TODD CAPURSO Director of Parks and Public Works Reviewed by: Assistant Town Manager Town Attorney Finance N:\PPW\ MANAGEMENT \COUNCIL \COUNCIL REPORTS\2012 Reports\Aug 6\Hazardous Vegetation Abatement - 2012 Brush \Brush.PubHearing.080612.docx PAGE 2 JULY 24, 2012 MAYOR AND TOWN COUNCIL SUBJECT: ABATEMENT OF HAZARDOUS VEGETATION (BRUSH) CONCLUSION: Staff recommends that the Town Council overrule objections and order hazardous vegetation abatement (brush). FISCAL IMPACT: There is no fiscal impact. Attachments: 1. Notice of Public Hearing 2. Letter from Santa Clara County Fire Department to property owners 3. Town Council Hazardous Vegetation Abatement Schedule for 2012 Distribution: 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 #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 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 FIRE DEPARTMENT .SA NTA CIARA COUNTY 14700 Windiester Blvd.,. L6� Gato§, CA 95032-1818 Dear property qwi*ri by . prvotyv. WO Gatics,couincil m' ee'ting 2- 12 at. 7:0.0 Pb Attachment t th.e Town Of Los - ' -- If. you are interested in, havingthe 'County of Santa. Clara. do an 'es - ti .. 'matet please con-fact the Hazardous. Vegetation.Department at .for the County Contractor is Included. . with this: notice. Ifyou...,should have any questions about-the4nforination on this p . otice please contad fha Fire Prevention Division,.: the Santa Clara Co Fire". DepaxtMent at (4-08) 378.. urktY -4010.. as Control Fire Protadflon Mtrict _ Attachment 3 �q N 0 � 'wn TOWN OF LOS GATOS PARKS AND PUBLIC WORKS DEPARTMENT SCHEDULE TOWN COUNCIL REPORTS THAT REOUIRE PUBLIC BEARINGS 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 Bearing. 2. Close the Public Hearing. 3. Adopt resolution overruling objections and ordering hazardous vegetation abatement (brush). 4 August 6, 2012 Abatement of Hazardous Vegetation (Brush) A. Conduct Public Bearing 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). THIS PAGE INTENTIONALLY LEFT BLANK