HomeMy WebLinkAbout90-116 - Weed AbatementRESOLUTION NO. 90 -116
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH DECLARING THAT WEEDS AND
BRUSH EXIST UPON PROPERTY IN BUCK GULLY AND
MORNING CANYON; DECLARING THAT THE WEEDS AND
BRUSH PUBLIC NUISANCES THAT MUST BE ABATED,
AND SETTING THE TIME, DATE AND PLACE OF THE
PUBLIC HEARING AT WHICH THE CIT COUNCIL WILL
CONSIDER PROTEST FROM PERSONS OBJECTING TO
• ABATEMENT BY THE CITY. WITH REPORT FROM THE
FIRE MARSHAL.
WHEREAS, the City Council has determined that large
amounts of dry grass, brush and dead plant material (excess fuel
load) exist on the undeveloped slopes of lower Buck Gully and
Morning Canyon; and
WHEREAS, this excess fuel load presently constitutes a
significant fire hazard and public nuisance;
WHEREAS, removal of a significant portion of this excess
fuel load will better enable the Fire Department to control any
fire in the area and minimize the extent of any property loss; and
WHEREAS, removal of the excess fuel load will be carried
out in a way that minimizes any impact on fauna and flora in the
area and insures the slopes are adequately protected from erosion
during the rainy season; and
WHEREAS, the proposed removal of the excess fuel load
will have no significant impact on the environment and the City has
prepared and circulated a negative declaration pursuant to
provisions of the California Environmental Quality Act (CEQA) and
the CEQA Guidelines; and
WHEREAS, the proposed removal of the excess fuel load
will require some work to be done in the stream bed at the bottom
of both Buck Gully and Morning Canyon, but no motor vehicles or
heavy equipment will be used during removal and the Fish and Game
Department has issued a permit authorizing limited activity in the
• stream bed; and
WHEREAS, the excess fuel load reduction program will
concentrate on removal of introduced, non - native nuisance species,
such as bamboo, pampas grass and castor bean and will provide an
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opportunity to replace existing vegetation with species native to
the chaparral, thereby enhancing the quality and diversity of the
habitat.
NOW, THEREFORE, BE IT RESOLVED:
Section 1. The City Council hereby determines and
declares that the slopes of Morning Canyon and Buck Gully contain
• an excess fuel load that poses a significant fire hazard and public
nuisance which should be abated pursuant to the provisions of
Chapter 1048 of the Newport Beach Municipal Code.
Section 2. This public nuisance must be abated by the
removal of the excess fuel load and all owners of property on which
the public nuisance exists shall, without delay, remove such public
nuisances or the work will be done by the City, in which case the
cost of removal will be assessed upon the lands from which, and /or
in the front and rear of which, the excess fuel load has been
removed.
Section 3. Objections and protest to the proposed
abatement will be heard and considered by the City Council on
December 10, 1990, at 7:00 p.m., or as soon thereafter as the
matter may be heard, in the City Council Chambers located at 3300
Newport Boulevard, Newport Beach, California.
Section 4. The Fire Chief is hereby directed to give
notice to the passage of this resolution and the Council's
direction that public nuisances must be abated by the removal of
the excess fuel load, and of the time and place set for public
hearing to consider protests, by mailing, at least ten (10) days
prior to the time fixed by the City Council for hearing objections,
a post card or letter, giving notice of the time, place and purpose
of the hearing to consider protests. Notice shall be given to all
owners of real property subject to assessment for the abatement
work and directed to the address of the owner as shown on the
is latest County Tax Roll.
Section S. In the event the City is required to abate
the public nuisance on any specific parcel, excess fuel load shall
be removed in accordance with the following criteria:
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(a). Grass, weeds, leaves and other ground
cover will be trimmed or removed to within, but no more than, three
(3) inches of ground level;
not be disturbed;
(b) . Root systems for all vegetation will
(c). Dry or dead vegetation will be hand
trimmed from trees and shrubs;
feet of ground level;
(d) . Trees will be trimmed within five (5)
(e). Vegetation beneath decks or
overhanging structures will be trimmed or removed depending upon
the nature of the vegetation and the threat posed to the structure;
(f) . Growth on bushes and shrubs shall be
removed from ground level to a point equal to one -third (1/3) of
their height (lollipop trimming);
(g). Tree limbs or vegetation within ten
(10) feet of any chimney shall be removed;
(h) . Only hand -held equipment shall be
used to remove dry brush and vegetation.
ADOPTED this 13th day of
"1
WNW
City Clerk 1. Ml
3
November , 1990.
LJZL'� R��
Mayor