14. Brush
OFFICE OF THE CITY CLERK
CUPERTINO
CITY, HALL .
10300 TORRE AVENUE' CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 . FAX: (408) 777-3366
Agenda Item No. K
MEETING DATE: June 5, 2007
SUBJECT
Consider objections to the proposed removal of brush, and adopt a resolution ordering the
abatement of a public nuisance (city-wide brush abatement) pursuant to provisions of Ordinance
No. 724 and Resolution No. 07-073, Resolution No. 07-100.
BACKGROUND
On May 1, 2007, Council adopted Resolution No. 07-073 setting a hearing to consider any
objections of property owners to the proposed removal of brush. After adoption of that resolution
the Cupertino City Clerk's Office sent notice of the abatement program and hearing to the property
owners on the notification list. A copy of the notice is attached.
STAFF RECOMMENDATION
Note protest(s) and adopt-Resolution No. 07~ 6~13 ordering abatement of public nuisance (brush).
Submitted by:
. Approved for submission to the City Council:
~
David W. Knapp, City Manager
14 - 1
OFFICE OF THE CITY CLERK
CUPERTINO.
CITY HALL
10300 TORRE AVENUE. CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223' FAX: (408) 777-3366
Notice To Destroy Brush
NOTICE IS HEREBY GIVEN that on May 1,2007, pursuant to the provisions of Section 9.08 of
the Cupertino Municipal Code, the Cupertino City Council passed a resolution declaring that all
brush growing on certain described property to be a public nuisance and setting hearing for
objections to proposed removal growing upon any private property or in any public street or alley,
as defined in Section 9.08.010 of the Cupertino Municipal Code constitute a public nuisance, which
nuisance must be abated by the destruction or removal thereof. .
NOTICE IS FURTHER GWEN that property owners shall without delay, remove all such brush
from their property and the abutting half of the street in front and alleys, if any, behind such
property and between the lot lines thereof as extended, or such brush will be destroyed or removed
and such nuisance abated by the County Agricultural Commissioner, in which case the cost of such
destruction or removal will, including but not limited to administration costs, be assessed upon the
lots and lands from which, or from the front or rear of which, such brush shall have been destroyed
or removed and such cost will constitute a lien upon such lots or lands until paid and will be
collected upon the next tax roll upon which general municipal taxes are collected. All property
owners having any objections to the proposed destruction or removal of such brush are hereby
notified to attend a meeting of said City to be held in the Council Chamber of the Community Hall,
located at 10350 Torre Ave., Cupertino, California, on Tuesday, June 5,2007 at 6:45 p.m., or as
soon thereafter as the matter can be heard, when their objections will be heard and given due
consideration. .
/s/ Grace Schmidt
Deputy City Clerk
14 - 2
Dear property owner,
Your property located in the hillside area was recently inspected by Santa Clara County
Agricultural Commissioner and found to not be in satisfactory compliance with the
Hazardous Fire Area safety regulations. Enclosed is notice indicating the corrections that
are necessary.
Please note that a hearing will be held during the City of Cupertino Council meeting on
June 5, 2007 at 6:45 p.m., 10350 Torre Avenue, Cupertino, CA. At that time, or as soon
thereafter as the matter can. be heard, all properties identified by the Agricultural
Commissioner as being non-compliant with Hazardous Fire Area 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 the compliance work identified for your property involves brush or weed removal, you
may request the services of the approved County of Santa Clara abatement contractor. If
you are interested in this service, please call the Hazardous Vegetation Service line at
(408) 282-3145 to request more information and/or to schedule an inspection
appointment for a cost estimate.
If you should have any questions about the information on this notice, please contact the
Santa Clara County Department of Agriculture, Hazardous Vegetation Management
Program at (408) 918-4600.
14 - 3
DRAFT
RESOLUTION NO. 07-100
A RESOLUTION OF THE CUPERTINO CITY COUNCIL ORDERING
ABATEMENT OF PUBLIC NUISANCE PURSUANT TO PROVISIONS OF
ORDINANCE NO. 724 AND RESOLUTION NO. 07-073
WHEREAS, the City Council has declared that the growth of brush upon the
private properties as described in Resolution No. 07-073 to be a public nuisance; and
WHEREAS, after due notice, a hearing thereon was held at a meeting of the City
Council on June 5,2007; 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 purpos.e 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:
I. 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.
14 - 4
Resolution No. 07-100
2
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino on the 5th day of June 2007, by the following vote:
Vote Members of the City Council .
AYES:
NOES:
ABSENT:
ABSTAIN:
A TrEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
14 - 5
2007 BRUSH PROGRAM
COMMENCEMENT REPORT
CITY OF CUPERTINO
Situs APN CITY 1ST ATE
2639 SAN JUAN RD 342-17-065 ANDERSON JEFFREY J & CYNTIllA R 22639 SAN JUAN RD CUPERTINO CA 95014-3932
2681 SAN JUAN RD 342-17-079 PANDYA DUSHYANT ETAL 22681 SAN JUAN RD CUPERTINO CA 95014-3932
2666 SAN JUAN RD 342-18-027 WONG DENNIS L TRUSTEE 22666 SAN JUAN RD CUPERTINO CA 95014-3933
2690 SAN JUAN RD 342-18-030 PASHINTSEV ALEXANDER VETAL 22690 SAN JUAN RD CUPERTINO CA 95014-3933
1041 STEVENS RD 342-19-002 RUIZ FRANK & NAEGELE REGINA ' . 11041 STEVENS CANYON RD CUPERTINO CA 95014-5416
STEVENS RD 342-19-003 RUIZ FRANK & NAEGELE REGINA 11041 STEVENS CANYON RD CUPERTINO CA 95014-5416
STEVENS RD 342-20-005 RUIZ FRANK & NAEGELE REGINA 11041 STEVENS CANYONRD CUPERTINO CA 95014-5416
2584 RICARDO RD 356-01-005 MCKIM DAVID R & JANATHA M 22584 RICARDO RD CUPERTINO CA 95014-5412
2620 RICARDO RD 356-01-055 SCInE DAVID C & LOUISE M 22620 RICARDO RD CUPERTINO CA 95014-5447
J750 STEVENS RD 356-03-044 STALLCOP JAMES R& STAMATINA 10750 STEVENS CANYON RD CUPERTINO CA 95014-3945
1732 LINDY LN 356-24-027 YEUNG GARRICK P & LUCIA K 21732 LINDY LN CUPERTINO CA 95014-0000
1692 LINDY LN 356-24-036 LEE CHEN SHOW & LYNN C 21692 LINDY LN CUPERTINO CA 95014-4808
1457 LINDY PL 356-24-048 BOITANO FRED D II & JANICE C 11457 LINDY PL CUPERTINO CA . 95014-4814
1167 LINDA VISTA' DR 356-26-020 SPENCER ALAN L & ALICE C 11167 LINDA VISTA DR CUPERTINO CA 95014-4754
W41 LINDY LN.356-27-012 ARAMOONIE PHILIP 22041 LINDY LN CUPERTINO CA 95014-4851
W61 LINDY LN 356-27-013 ROSENTHAL JANE L & JACK A 220 LINDY LN CUPERTINO CA 95014
1475 CANYON VIEW CL 356-27-024 YUNG ABRAHAM K & CONNIE 11475 CANYON VIEW CL CUPERTINO CA 95014-0000
.....
~
0>
17 Record,.
Santa Clara County VI' ~ Abatement Program
'qe 1
E I
Ct ~-5-01 :/tIt;
City Hall
Ms.Grace Schmidt
10300 Torre Ave.
Cupertino,Ca. 95014-3255
~ ~ J~N ~ ~ : ~ ~
CUPERTINO CITY CLERK
Dear Gentlepersons:
Re:Removal of Brush
Thank you for your letter dated May 1st 2007,regarding the
removal of brush. We cleared our garden thoroughly from all
dried and dead brushe5,limbs and leaves. We also posted
the street number on the mail box in a better position to
be clearly visible,as per the fire department's recommen~a~
tion.
Unfortunately we won't be able to attend the hearing in
June 5 2007, because we have an emergency and we will be
out of the state for around two months. In ca8e you decide
for more changes, we request to wait for us 'to come back
and have a meeting at our garden, before you cut anything
else.We think that the green brush should not be removed
because they clean the air from pollutants and protect
us from respiratory diseases and cancer.
J~l{; y:rs,~
, James & St~ Stallc~
10750 Stevens Canyon Rd #3
Cupertino,CA. 95014
Tel: 408 252-3261