19. Brush removal hearingOFFICE OF THE CITY CLERK
CUPERTINO
Agenda Item No.
SUBJECT
MEETING DATE: June 1, 2010
Consider objections to the proposed removal, of brush and adopt a resolution ordering the
abatement of public a nuisance (city -wide brush abatement) pursuant to provisions of Ordinance
No. 724 and Resolution No. 10 -096, Resolution No. 10- 10
BACKGROUND
On May 18, 2010, Council adopted Resolution No. 09 -096 setting a hearing to consider any
objections of property owners to the proposed removal of brush. After adoption of that resolution
the Santa Clara County Fire Department sent notice of the abatement program and hearing to the
property owners on the notification list.
STAFF RECOMMENDATION
Note protest(s) and adopt Resolution No. 10- 101 ordering abatement of public nuisance (brush).
Submitted by:
Approved for submission to the City Council:
Kimberly Smith City Clerk David W. Knapp, City Manager
Attachment A: Resolution No. 10- 101
Attachment B: 2010 Brush Parcels list
Attachment C: Hearing notification letter sent to property owner
Attachment D: 2010 County Contractor's Abatement Price List
CITY HALL
10300 TORRE AVENUE - CUPERTINO, CA 95014 -3255
TELEPHONE: (408) '777 -3223 - FAX: (408) 777 -3366
19 -1
AltaAM.Ud fi
RESOLUTION NO. 10 -107
DRAFT
A RESOLUTION OF THE CUPERTINO CITY COUNCIL ORDERING
ABATEMENT OF PUBLIC NUISANCE PURSUANT TO PROVISIONS OF
ORDINANCE NO. 724 AND RESOLUTION NO. 09-096
WHEREAS, the City Council has declared that the growth of brush upon the
private properties as described in Resolution No. 09 -096 to be a public nuisance; and
WHEREAS, after due notice, a hearing thereon was held at a meeting of the City
Council on May 18, 2010; and
WHEREAS, from the evidence presented, both oral and written, it appears to be
in the best interests of the City to acquire jurisdiction over and abate said nuisance.
NOW, THEREFORE, BE IT RESOLVED:
1. That the Office of the Agricultural Commissioner is hereby ordered to
abate such nuisance or cause the same to be abated by having the brush referred to
destroyed or removed by cutting, discing, chemical spraying or any other method
determined by him; that all debris, whether in piles or scattered, be hauled away;
2. That the Agricultural Commissioner and his deputies, assistants,
employees, contracting agents or other representatives shall have express authorization to
enter upon said private properties for the purpose of causing said public nuisance to be
abated; and
3. That any affected property owners shall have the right to destroy or
remove such brush or debris himself or herself or have the same destroyed or removed at
his/her own expense provided that such destruction or removal shall have been completed
prior to the arrival of the Office of the Agricultural Commissioner or his authorized
representative to destroy or remove them.
BE IT FURTHER RESOLVED:
1. That the Office of the Agricultural Commissioner shall keep account of
abating said nuisance and embody such account in a report and assessment list to the City
Council, which shall be filed with the City Clerk.
2. Said reports of costs, hearing and collection procedures involved shall be
provided as stated in Ordinance No. 724.
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Resolution No. 10 -107
2
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino on the 1 st day of June 2010, by the J'ollowing vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
APPROVED:
Mayor, City of Cupertino
19 -3
2010 BRUSH PARCELS
Work
A- 30 ft / 100 ft Defensible S pace
APN TRA Request
Situs
B- Clear shrubs /trees of dead
leaves & branches
Owner Name
Owner Address
C- Remove pine needles & leaves from roofs etc.
D- Trim tree limbs 10 ft from chimneys
356 -27 -024 13 A
11475 CANYON VIEW CL
CUP
CUP 30
YUNG ABRAHAM K AND CONNIE
11205 MOUNT CREST DR
CUPERTINO CA
356 -26 -027 13 D
11210 MT CREST DR
CUP
CUP 30
PAU DAVID W TR AND HYONG S TR
11210 MT CREST DR
CUPERTINO CA
366 -33 -007 13 A
11650 REGNART RD
CUP
CUP 30
REGNART HERBERT W TRUSTEE
11650 REGNART RD
CUPERTINO CA
366 - 34-003 13 A
21865 REGNART RD
CUP
CUP 30
GWOZDZ PETER S AND BARBARA K
21865 REGNART RD
CUPERTINO CA
366 -46-004 13 NO ACCESS 22045 REGNART RD
CUP
CUP 30
BIGLER ROBERT A AND PUNITA P
11230 BUBB RD
CUPERTINO CA
366 -33 -005 13 A
11670 REGNART CANYON DR
CUP
CUP 30
WEBBER,LEE BRADLEY &ANNA DE
11670 REGNART CANYON DR
CUPERTINO CA
342 - 18-046 13 NO ACCESS 10875 STEVENS CANYON RD
CUP
CUP 30
NAMVAR PARVIZ I TRUSTEE
10885 MIRAMONTE RD
CUPERTINO CA
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FIRE
COMMY S SERVICE
FIRE DEPARTMENT
SANTA CLARA COUNTY
14700 Winchester Blvd., Los Gatos, CA 95032 -1818
(408) 378 -4010 • (408) 378 -9342 (fax) • www.sccfd.org
Dear property owner,
Internationally Accredited
Agency
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 City of
Cupertino council meeting on June 1, 2010 at 6:45 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 Cou Central Fire Protection District
Serving Santa Clara County and the communities of Campbell, Cupertino, Los Altos, 19-5
Los Altos Hills, Los Gatos, Monte iereno, Morgan Hill, and Saratoga
Dear Property Owner:
The Santa Clara County Fire Department has made an
inspection ofyour property. The item(s) checked below are not
in compliance with the Wildland -Urban Interface Fire Area
safety regulations. Please perform the necessary corrections.
A. ❑ Create 30 feet of Defensible Space around your home.
To accomplish this, you must clear all flammable
vegetation a minimum of 30 -feet around structures.
O Create 100 feet of Defensible Space around your
home. To accomplish this, create a Green Zone by
clearing 30 -feet around structures. Additionally,
create a Reduced Fuel Zone for the remaining 70 feet
or to your property line.
B. ❑ Clear ornamental shrubs and trees of dead leaves and
branches.
C. ❑ Remove all pine needles and leaves from roofs, eaves
and rain gutters.
D. ❑ Trim tree limbs 10 -feet from chimneys or stovepipes,
and remove dead limbs that hang over rooftops.
E. ❑ Cover chimney outlets or flues with a 1/2" mesh spark
arrester.
F. D Post a clearly visible house address, using at least 4"
high numbers, for easy identification.
A RE- INSPECTION WILL OCCUR ON OR AFTER JUNE
1ST. IF, AT THAT TIME, THE REQUIRED CLEARANCE
OF FLAMMABLE VEGETATION HAS NOT BEEN
COMPLETED, AN AUTHORIZED CONTRACTOR WILL
BE INSTRUCTED TO PERFORM THE NECESSARY
WORK TO ACHIEVE COMPLIANCE WITH THE ABOVE
REGULATIONS. YOU WILL RECEIVE NO FURTHER
NOTICE. COST FOR WORK PERFORMED BY THE
AUTHORIZED CONTRACTOR WILL BE PLACED ON
YOUR PROPERTY TAX BILL.
Should you have any questions regarding this notice,
please call the Santa Clara County Fire Department, Fire
Prevention Division, at 408.378.4010 or 1.800.800.1793.
APN#
•/.1947�
Officer's Name (print)
Date
MjrS
2010 COUNTY CONTRACTOR: S ABATEMENT PRICE LIST
Prices INCLUDE a 150 % County Administrative Fee
A) Disc Work **
PARCEL SIZE:
V Disc
2 " Disc
= Total Discs
0 - 12,500 sq.ft.
$769.50
$76.95
$ 846.45
12,501sq.ft. - 43,560sq.ft.
$769.50
$102.60
$872.10
Larger than 1 Acre
$513.00
$102.60
$615.60 (Per Acre)
** It is required that parcel s.be di seed twice a year. The cost for the first
discing is higher due to additional wort: 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
109.03 P ER PERSON, PER HOUR
6 Foot Mower $184.68 PER HOUR
12 Foot Mower $369.35 PER HOUR
320.63 P HOUR
320.63 P HOUR
109.03 P HOUR
423 .23 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
I
19 -7
EXHIBITS
BEGIN
HERE
2010 BRUSH PARCELS A- 30 ft / 100 ft Defensible S
B- Clear shrubs /trees of dead leaves & branches
Work C- Remove pine needles & leaves from roofs etc.
APN TRA Request Situs D- Trim tree limbs 10 ft from chimneys
E. Cover chimney with spark arrester.
Owner Name Owner Address F. Post address with 4" high numbers
356 -27 -024 13 A 11475 CANYON VIEW CL CUP CUP 30
YUNG ABRAHAM K AND CONNIE 11205 MOUNT CREST DR CUPERTINO CA
356 -26 -027 13 D 11210 MT CREST DR CUP CUP 30
PAU DAVID W TR AND HYONG S TR 11210 MT CREST DR CUPERTINO CA
366 -33 -007 13 A 11650 REGNART RD CUP CUP 30
REGNART HERBERT W TRUSTEE 11650 REGNART RD CUPERTINO CA
366 - 34-003 13 A, B 21865 REGNART RD CUP CUP 30
GWOZDZ PETER S AND BARBARA K 21865 REGNART RD CUPERTINO CA
366 -46 -004 13 NO ACCESS 22045 REGNART RD CUP CUP 30
BIGLER ROBERT A AND PUNITA P 11230 BUBB RD CUPERTINO CA
366 -33 -005 13 A 11670 REGNART CANYON DR CUP CUP 30
VVEBBLR,LEE BKADLEY &ANNA Dh 11670 Kh(�NAXT CANYON DR CUPERTINO CA
342 -18-046 13 NO ACCESS 10875 STEVENS CANYON RD CUP CUP 30
NAMVAR PARVIZ I TRUSTEE 10885 MIRAMONTE RD CUPERTINO CA
0
Ell
EXHIBITS
BEGIN
HERE
2010 BRUSH PARCELS A- 30 ft / 100 ft Defensible Space
B- Clear shrubs /trees of dead leaves & branches
Work C- Remove pine needles & leaves from roofs etc.
APN TRA Request Situs D- Trim tree limbs 10 ft from chimneys
E. Cover chimney with spark arrester.
Owner Name Owner Address F. Post address with 4" high numbers
356 -27 -024 13 A 11475 CANYON VIEW CL CUP CUP 30
YUNG ABRAHAM K AND CONNIE 11205 MOUNT CREST DR CUPERTINO CA
356 -26 -027 13 D 11210 MT CREST DR CUP CUP 30
PAU DAVID W TR AND HYONG S TR 11210 MT CREST DR CUPERTINO CA
366 -33-007 13 A 11650 REGNART RD CUP CUP 30
REGNART HERBERT W TRUSTEE 11650 REGNART RD CUPERTINO CA
366 -34 -003 13 A, B 21865 REGNART RD CUP CUP 30
GWOZDZ PETER S AND BARBARA K 21865 REGNART RD CUPERTINO CA
366 -46 -004 13 NO ACCESS 22045 REGNART RD CUP CUP 30
BIGLER ROBERT A AND PUNITA P 11230 BUBB RD CUPERTINO CA
366 -33 -005 13 A 11670 REGNART CANYON DR CUP CUP 30
WEBBER,LEE BRADLEY &ANNA DE 11670 REGNART CANYON DR CUPERTINO CA
342 -18 -046 13 NO ACCESS 10875 STEVENS CANYON RD CUP CUP 30
NAMVAR PARVIZ I TRUSTEE 10885 MIRAMONTE RD CUPERTINO CA
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