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HomeMy WebLinkAbout59-94 • • RESOLUTION NO. 59-94 RESOLUTION OF THE TOWN OF LOS ALTOS HILLS DECLARING THE UNDEVELOPED PROPERTY IN THE ADOBE CREEK SUBDIVISION A 'NUISANCE POSING AN IMMEDIATE THREAT TO THE PUBLIC PEACE, HEALTH AND SAFETY AND DIRECTING THE DIRECTOR OF PUBLIC WORKS TO TAKE CERTAIN STEPS . TO - ABATE THE NUISANCE The City Council of the Town of Los Altos Hills does RESOLVE as follows: Section 1. The City Council hereby finds that a fire hazard, as defined in Section 6-5. 01 of the Los Altos Hills Municipal Code exists on the Adobe Creek subdivision in the Town of Los Altos Hills in that: A. This undeveloped private property contains dry and dead shrubs and combustible growing material, which by reason of its size, manner of growth and location constitute a fire hazard to adjoining properties. B. The Los Altos Fire Chief has determined in his professional judgment that the Property is a fire hazard, as set out in the letter attached hereto as Exhibit A. Section 2 . Pursuant to Section 6-5. 01 of the Los Altos Hills Municipal Code, the City Council hereby declares that the fire hazard on the Property is a nuisance. Section 3. Pursuant to Section 6-5.16 of the Los Altos Hills Municipal Code, the City Council hereby finds that the fire hazard nuisance existing on the Property poses an immediate threat to the public peace, health and safety of the Town based on the following facts which constitute an emergency: A. The Los Altos Fire Chief has determined in his professional judgment that the fire hazard on the Property constitutes an emergency and that the trespassers on the Property exacerbate this emergency (See Exhibit A hereto) . B. The County Sheriff has stated that in his professional judgment it is extremely difficult to prevent trespassers from entering the Property, since the Property is undeveloped and easily accessible, as set out in his letter attached hereto as Exhibit B. C. Public testimony has been heard by the Council that many trespassers have been seen and heard on the Property driving and having parties, activities which have been known to cause fires in fire hazard areas. D. The Town doesnot anticipate that the development of the Property (which would deter trespassers) will take place during this fire season, since no applications for development have been received. Section 4. Pursuant to Section 6-5. 16 of the Los Altos Hills Municipal Code, based on the above facts constituting an emergency, the City Council hereby orders the following steps be taken to abate the nuisance on the Property: A. The Propertyshall be posted with signs as directed by the Fire Chief in his July 13, 1994 letter (Exhibit A hereto) ; and B. The bridge to the Property on Adobe Creek Lodge Road shall bebarricaded with a chain and barricades preventing vehicles from entering, but allowing the Fire District and owners and their guests and invitees to enter. C. Access to the Property along the public roads shall be blocked off by heavy barricades or telephone poles to prevent vehicles from entering through the undeveloped lots. This Resolution was passed at a regular meeting of the Council of the Town of Los Altos Hills on July 20, 1994 on a four-fifths vote of all council members present at that meeting, as follows: AYES: Mayor Dauber and Councilmembers Hubbard, Johnson, Siegel and .Tryon NOES: • None ABSTENTIONS: None ABSENT: None By 'Mayor ATTEST: City lerk PB\MAS\149490P4.W50 SJ 07/13/94 • S Ail CITY OF LOS ALTOS Tos. 444 „. FIRE DEPARTMENT 6� �► d o �4 10 Almond Avenue '— 't% Los Altos, California 94022-2201 91- pec• (415) 948-2404 if DOW 11-5 Exhibit A lots. 1 3 X994 REAA- July 13, 1994 s� ,.sa i Mayor Dauber and Members of the Council Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, California 94022 Re: Adobe Creek Subdivision - Moody Road Dear Mayor Dauber and Members of the Council: The Adobe Creek Subdivision within the Town of Los Altos Hills has remained undeveloped and is covered with combustible grass and brush. The area is situated so that a fire originating upon such land would present an extremely dangerous condition,meeting the definitions of"hazardous fire area”under Section 4-2.101(e) of the Los Altos Hills Municipal Code and"fire hazard"under Section 6-5.01(a) of the Los Altos Hills Municipal Code. The Adobe Creek Subdivision presents an exceptional and continuing fire danger and an emergency situation, because of the density of natural growth, difficulty of terrain, and accessibility to trespassers, due to its undeveloped nature. Therefore, under Los Altos Hills Municipal Code Section 4-2.104, I hereby officially determine and, through distribution of this letter to the City Council, publicly announce that this area is closed to entry and that no person shall go on or be upon this hazardous area during such time as it is closed, other than the owners and occupants of the private property and their invitees or guests, and local, State and Federal public officers or their authorized agents acting in the course of duty. This area shall remain closed until the Fire Chief or Fire Marshal determines in writing that changed conditions warrant the termination of the closure. I hereby order the hazardous fire area posted with signs prohibiting entry by unauthorized persons and referring to Section 4-2.105 of the Los Altos Hills Municipal Code. Such signs shall be RESPONSIVE-INNOVATIVE-CONCERNED O • S Ah CITY OF LOS ALTOS os. , �,. .4� FIRE DEPARTMENT �;� o ,a 10 Almond Avenue -- -.. .e► • �"� Los Altos, California 94022-2201 • 4 Q�Q (415) 948-2404ve Mayor Dauber and Members of the Council July 13, 1994 Page 2. constructed and located so as to give adequate notice to the public. The location, size, type and number of such signs are hereby committed to the reasonable discretion of the Fire Chief or the Fire Marshal and the Town's Director of Public Works. A representative from the Fire District will be available at the July 20, 1994 Council meeting to answer any questions. Sincer1Yy, ark. Landrum Fire Chief RL/ff/cb RESPONSIVE-INNOVATIVE-CONCERNED • • County of Santa Clara -Go UN-7,, Office of the Sheriff �\ �//i O 1005 Timothy Drive CP ' San Jose, California 95133 /n• 17 lam) „Si' (408) 299-2101 Charles P. Gillingham EXHIBIT "B" Sheriff July 14, 1994 Mr. Les M. Jones City Manager Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Dear Mr. Jones: Per our phone conversation, my staff has researched calls for service at the Old Adobe Creek Lodge property. We went back three months and were unable to locate any calls for service. We are now in the season when most trespassing and 4X4 activity takes place. I have been advised that this property represents a very attractive location for this type of activity. I fully support the recommendations made to you by the Los Altos Fire Department. A fence with no trespassing signs is the best deterrent. Any opening in the fence will allow motorcycles access, so a continuous fence is required. We will continue patrol checking the property and asking persons to leave. Until a named person has control of the property we cannot enforce trespassing violations. If we can be of further assistance please contact me. Sincerely, CH• =LES P. GILLINGHAM, SHERIFF 13y — ` Robert E. Wilson, Captain Westside Patrol Division 14374 Saratoga Avenue Saratoga, CA 95070 (408) 867-9715 REW/sa cc: A/S Diaz Lt. Huber LAH file