81-030 Santa Clara County Weed Abatement Program.PLEASE RETURN TO:
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
AGREEMENT FOR THE ABATEMENT OF
WEEDS BY COUNTY OF SANTA CLARA
FOR CITY OF CUPERTINO
THE FOLLOWING is an Agreement between COUNTY OF SANTA CLARA,
State of California, hereinafter called "County," and CITY OF
CUPERTINO, Santa Clara County, California, hereinafter called
"City,".
WHEREAS, City has the power to conduct weed abatement under
Government Code of the State of California 6 39500, et seq.; and
WHEREAS, City has home rule authority to adopt ordinan-ces for
public health, safety and welfare, including weed abatement
procedures; and
WHEREAS, City has exercised this power by adoption of Chapter
No. 9.08 of the Cupertino Municipal Code, for weed abatement; and
WHEREAS, County, under provisions of the Health and Safety
Code of the State of California and under its ordinances has the
power to enforce the abatement of hazardous weeds; and
WHEREAS, the Board of Supervisors of Santa Clara County, by
resolution has exercised the power granted to County pursuant to
the Health and Safety Code of the State of California, commencing
at Section 14875; and
WHEREAS, the parties hereto have the power to enforce weed
abatement within their corporate limits; and
WHEREAS, County is desirous of contracting with City for the
County Fire Marshal to perform the actual services of abatement of
weeds; and
WHEREAS, County is agreeable to rendering such services and
City is agreeable to have such services rendered under the terms
-1-
5. County Responsibilities. After action is taken at each
stage by the Council, County, through the Fire Marshal shall cause
the abatement of weeds in the following manner: Upon grope-
authorization by City to County, the_ Fire Marshal shall remove the
weeds on the designated properties, where the need for weed abate-
ment still exists, because owners have failed to so remove said
weeds.
6. Statement of Costs. The Fire Marshal shall render to
the City an itemized statement or report of the cost of the weed
abatement services performed for the respective parcels of land
in the City on or before the tenth day of August of each year,
which shall include the County's administrative cost of 25% of the
cost for City parcels of weed abatement services of the:: weed abate-
ment contractor for the respective parcels. The statement shall
include the description of the lots and parcels of land for which
weed abatement services were performed, an,d verification by sig-
nature of the County Fire Marshal and the City Manager of City,
or his designated representative.
7. Inclusion of Assessment on County Tax Bill. The City
Council, after hearing, shall require the County Tax Collector
to include the costs of the weed abatement service performed for
City for the current year, as a special assessment on bills for
taxes levied against the respective lots and parcels of land.
Such special assessments shall be liens on the respective pro-
perties.
8. Time and Manner of Collection. The amounts of the
-3
assessments shall be collected at the same time and in the same
manner as county taxes are collected, and are subject to the
same penalties and the same procedure and sale in case of delin-
quency as provided for ordinary county taxes.
9. Remittance of Costs. The cost of weed abatement shall
be advanced by County and reimbursed to County as and when col-
lected by County Tax Collector.
10. Liability. City shall assume no liability for the pay-
ment of salary, wages or other compensation to officers, agents,
employees or contractors of County performing services hereunder.
City shall not be liable for compensation or indemnity to
County officers or employees, or to third persons, for injury or
sickness arising out of the weed abatement operations under this
Agreement, excluding any damages or injury arising out of any
dangerous or defective condition of public property of the City.
11. Records. Each officer or department of County perform-
ing any service pursuant to this Agreement shall keep itemized
and detailed work or job records covering the cost of all services
performed.
12. Independent Contractors. It is agreed that this Agree-
ment is by and between independent contractors, and it is not in-
tended nor shall it be construed to create the relationship of
agent, servant, employee, partnership, joint venture or association
between County and City.
13. Duration of Agreement. This Agreement shall become ef-
fective on date of execution and shall run until the governing
body of City or County shall exercise the right to terminate this
-4-
Agreement as of the first day of September of any year, by giving
notice to the other party not less than ten (10) days prior to
the date of termination.
IN WITNESS WHEREOF, the parties hereto have executed this
MAR 1 1976
Agreement as of January 19, 1976
ATTEST: C1 r Boar of S p rvisors COURT F SANTA ARA
ATTEST: CLERK
City of Cupert' o
APPROVED AS TO FORM:
f
Deputy; E`orunty Counsel
-5-
pervisors
MAR 1 1976
_Mayor, City of Cupertino
APPROVED AS TO FORM:
City Attorney
County of Santa Clara
California
March 2, 1976
Mr. James E. Jackson, Mayor
City of Cupertino
City Hall
10300 Torre Avenue
Cupertino, California 95014
Office of the Board of Supervisors
524 County Administration Building
70 West Hedding Street
San Jose, California 95110
299-2323 Area Code 408
Sig Sanchez, District 1
Dominic L. Cortese, District 2
Dan Mc Corquodale, District 3
Rodney J. Diridon, District 4
Geraldine F. Steinberg, District 5
Nr)
�1tiLY
Subject: Agreement with the City of Cupertino for
the Abatement of Weeds by the County of
Santa Clara
Dear Mayor Jackson:
Enclosed you will find a fully executed copy of the
subject agreement between the County of Santa Clara
and the party named above. The Board of Supervisors
at its regularly scheduled meeting on March 1, 1976
approved this agreement on behalf of the County.
The enclosed copy is for your records.
Very truly yours,
BOARD OF SUPERVISORS
Donald M. Rains, Clerk
By L' 7
D puty Clerk
DMR:idc
Enclosure
1—
2
% An Equal Opportunity Employer
lb
Cft4 of Cope o
OFFICE OF THE CITY ATTORNEY
10300 Torre Avenue
Cupertino, Calif. 95014
(408) 252-4505
January 26, 1976
Ellen Pagnini, Deputy City Clerk
City of Cupertino
10300 Torre Avenue
Cupertino, California 95014
RE: Document for Approval
Dear Ellen:
Enclosed are three (3) copies of Agreement for the
Abatement of Weeds by County of Santa Clara for City of
Cupertino, which I have signed in my capacity as City Attorney.
Ve my yours,
DAVID H. ADAMS
City Attorney
DHA:di
Enclosures (3)
cifie of Cupertino
10300 Torre Avenue
Cupertino, California 95014
Telephone (408) 252-4505
DEPARTMENT OF ADMINISTRATIVE SERVICES
January 23, 1976
Air. David 11. Adams
Attorney-at-Laur
900 Community Bank Building
Ill west St. John Street
San Jose, California 95113
DOCUMENT FOR APPROVAL
We are enclosing copies of the following document for your approval:
Three (3) -- Agreement for the Abatement of Weeds by County
of Santa Clara for City of Cupertino.
After execution, of these documents, please return to this office.
ELLEN PAGNINI
DEPUTY CITY CLERK
EP/sr
enclosures
C*4 of Cuvertf"o
10300 Tone Avenue
Cupertino, California 95014
Telephone (408) 252-4505
DEPARTMENT OF ADMINISTRATIVE SERVICES
February 13, 1976
Office of the Deputy County Counsel
507 County Administration Building
70 West Hedding Street
San Jose, California 95110
Attention: Jim Rohner
AGREEMENT FOR THE ABATEMENT OF WEEDS BY COUNTY OF SANTA CLARA FOR CITY OF CUPERTINO
Enclosed are three (3) copies of "Agreement for the Abatement of Weeds by
County of Santa Clara for City of Cupertino" which have been signed by the
City of Cupertino. Please return one fully executed copy to this office.
4.
ELLEN PAGNINI
DEPUTY CITY CLERK
rw
encls.
r
QK% of
10300 Torre Avenue
9 Cupertino, California 95014
Telephone (408) 252-4505
DEPARTMENT OF ADMINISTRATIVE SERVICES
August 3, 1976
Mr. Alan B. Carder, Fire Marshal
County of Santa Clara
County Government Center, East Wing
70 W. Hedding Street
San Jose, California 95110
WEED ABATEMENT
At its meeting of August 2, 1976, the City Council adopted
Resolution No. 4225 providing for lien assessments and for the
collection of same resulting from the abatement of public
nuisances (weeds).
A certified copy of this resolution is attached so that you may
have these.assessments entered on the County assessment roll.
WM. ErSTRATIVE
ER, DIRECTOR
ADMIN SERVICES
cs
encl.
cc!: Accounting Division
County of Santa ClaL ,.
California
TO: William E. Ryder, City Clerk
City of Cupertino
FROM: Alan B. Carde�� ire Marshal
SUBJECT: Weed Abatement Program
Office of the Fire Marshal
XHX)MMJ6X30ftK
San Jose, California 95110
299-2041 Area Code 408
County Government Center
East Wing, 7th Floor
70 W. Hedding St.
San Jose, CA 95110
December 7, 1976
To commence this season's weed abatement program, it is requested that the
City Council, in accordance with Cupertino Ordinance #724, pass a resolution
declaring weeds to be a public nuisance and schedule a public hearing to
hear objections to the proposed destruction or removal of weeds.
It would be most helpful if the resolution could be acted on the week of
12/1.3/76 or 12/20/76 and the public hearing scheduled the week of 1/10/77
or 1/17/77. This will enable us to notify property owners and commence
work in the prescribed time and manner.
ec: Ross Smith, Code Enforcement Officer, Cupertino 1/1
Chief Payne, Central Fire District
Z)
An Equal Opportunity Employer
C
0
AGENDA ITEM NUMBER
SUBJECT AND ISSUE
Weed Abatement Costs
BACKGROUND
SU A W
4 AGENDA DATE August 2, 1976
The list of names, parcels and amounts as shown on Resolution No. 4225
has been provided by the County Fire Marshal under the Weed Abatement
Ordinance now in effect. The property owners have been notified of the
abatement proceedings and of the public hearing which has been scheduled
for August 2, 1976. Should the protests, if any, be overruled the costs
then would be confirmed by the City Council and placed on the assessment
rolls for collection.
STAFF RECOMMENDATION
Adoption of Resolution No. 4225 enabling the collection of the weed
abatement assessment list through their property tax assessments.
WER:cs
attachment
APPROVED FOR SUBMISSION
TO THE CITY COUNCIL
Robert W. Quinlan, City Manager
RESOLUTION NO. 4225
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
PROVIDING FOR LIEN ASSESSMENTS AND FOR THE COLLECTION OF
SAME RESULTING FROM THE ABATEMENT OF PUBLIC NUISANCES
WHEREAS, after due notice a public hearing thereon was held at a regular
meeting of the City Council on January 19, 1976, at which the City Council declared
that the growth of weeds, the accumulation of garbage, refuse, cuttings and
other combustible trash upon certain properties as described in City of Cuper-
tino Resolution No. 4104 to be a public nuisance; and
WHEREAS, from the evidence presented, both oral and written, the City
Council acquired jurisdiction over and abate said nuisances; and
WHEREAS, after due notice of a report on proposed assessments was sent
by registered letter to the affected property owners at the address appearing
on the tax roles, which letter advised that a hearing would be held at the City
Council meeting of August 2, 1976; and
WHEREAS, said hearing was held by the City Council at the time and place
fixed for the receiving and considering of such report and proposed assessment:
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby confirm
that the costs of abating said nuisances shall be as set forth on Exhibit
"A" attached hereto and made a part hereof and said costs shall constitute
a lien on the affected property.
BE IT FURTHER RESOLVED that the County Fire Marshal shall cause the amount
of the assessments to be entered on the County Assessment Roll opposite the
description of the particular property, which assessment so entered on the County
rolls shall be collected together with all other taxes thereon upon the property
at the same time, and in the same manner, as general City taxes are collected
and shall be subject to the same penalties and interest, and the same pro-
cedure and sale in the case of delinquency as provided for City taxes.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 2nd day of _August , 1976, by the following vote:
Vote Members of the City Council
AYES: Frolich, Jackson, Nellis, O'Keefe, Meyers
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
/sl Wm. E. Ryder
City Clerk
APPROVED:
/sl Robert W. Mevers
Mayor, City of Cupertino
Exhibit "A"
Res. No. 4225
own
Ernest W. McConnell
Frank Roffman Co., Inc.
August Puccinelli
Mario Barbieri
Joseph S. Lodato
Joseph S. Lodato
Joseph S. Lodato.
Charles J. Brooks
Boghhansian Development Co.
Boghansian Development Co.
Bruce Edwards
John P. Hooten,
John P. Hooten
Harry N. FalkjrJrs.
S & A Leasing Corp.
Keith Garner
Harry W. Falk, Jr.
Merrick Industries, Inc.
Leland R. Appleberry
William D. Mette, Jr.
Reginald G. Travis
Thomas L. Branham
James Herbert
Eugene W. Stears
APN A"OUNT
316_23-032
S 69.38
316-23-037
43.66
316_25-014
22.68
316-25-019
36.86
316-26-018
174.00
316-26-038
38.84
316-26.039
39.02
323-36-017
308.84
326-C6..025
133.54
326-06-026
37.76
326-,C6-050
258.60
326-07-022
111.06
326-07-028
152.86
326-10-029
28.36
326-10-042
37.04
326-10.043
126.82
326-10-048
47.64
326-15-074
47.50
326-15-075
47.5o
326-15-096
106.52
326-15-104
51.22
326-15.-106
58.62
326-16-o49
26.46
326-17-016
41.58
Exhibit "A"
Res. No. 4225
Page 2
0_ APN AMOUNT
Marls J. Alexander
326-23-041
37.80
Rancho Asboles, Inc.
326-32-038
93.74
Bernard H. Hymel
326-34-a49
137.98
Y. Hosono
326-34-059
83.94
William M. Benson
326-34-029
25.78
Lawyers Title Ins. Co.
342s12-053
57.96
Central Calif. Conference
of Seventh Deny Adventists
342-15•-033
50.40
Donald Schmidt
356-,02-027
46.92
James R. StallcoP
356-03-
56.42
Louis D. Romano
356-04-031
26.46
Louis D. Romano
356-04-032
26.46
Stella M. Koster
356-0S 11
29.10
James D. Lyttle
357-0.1-002
45.36
Harry W. Chow
357-01-025
40.32
Ken Root Realty
357-01-026
23.34
John Rintala
357-05-021
9.94
John Rintala
357-05-022
9.94
Bank of America Nat'l. Trust
&Savings Assoc.
357-07-001
352.80
Csaba Pardy
357-17-003
22.68
Csaba Pardy
357-17-004
22.68
Betty E. Humphreys
357-17-005'
22.68
Betty E. Humphreys
357-17-006
22.68
Betty E. Humphreys
357-17-007
22.68
William J. Mitchell
357-17-041
77.30
Betty E. Humphreys
357-17-055
41.26
John W. Haynes
357-18-003
52.58
Exhibit "A"
Res. No. 4225
Page 3
OWNER
AFN
AMt7M
Carl E. Berg
357-20-618
198.46
Hose Federal S i L Assoc,
San Diego
359-09-OM
.7.38
Hone Federal S 3c L Aim".,
,
Un Diego
35'4-09-002
23.16
William Kahlen
359-11-,Ml
22.06
Eugenia Hoffman
359-13-031
pia Hoffman
M9-136434
39.70
Maa7 Tronis
359-17-010
74-12
Gale F. Deane
35%a8-042
50.98'
Raw Musolino
359-14..4=
59.06
Church of Christ, Cupertino
3*634-W3
IM.56
Tom Center Associates
369-4 -009
52.92
Town Center Associates
58.22
Charles J. Brooks
3619-�015
91.28
Yee Enterprises
375•-02�001
49.22
Yee Enterprises
375-02-002
48.68
Yee Enterprises
375-42-003
49.06
Yee Enterprises
375-02
43.98
Yee Enterprises.
375•Oz-G05
43.98
Yee Enterprises
375-02-006
47.66
Yee Enterprisers
37yO2-00
46.40
RESOLUTION NO. 4344
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
DECLARING WEEDS GROWING ON CERTAIN DESCRIBED PROPERTY TO
BE A PUBLIC NUISANCE
WHEREAS, weeds are growing in the City of Cupertino upon certain streets,
sidewalks, highways, roads and private property; and
WHEREAS, said weeds may attain such growth as to become a fire menance or
which are otherwise noxious or dangerous; and
WHEREAS, said weeds constitute a public nuisance;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino,
as follows:
1. That said weeds do now constitute a public nuisance;
2. That said nuisance exists upon all of the streets, sidewalks, highways,
roads and private property more particularly described by common name or by
reference to the tract, block, lot, code area, and parcel number on the report
prepared by the Fire Marshal and attached hereto;
3. That January 17, 1977, at the hour of 7:30 p.m., or as soon thereafter
as the matter can be heard, at the Council Chambers in the City Hall, City of
Cupertino, are hereby set as the time and place where all property owners having
any objections to the proposed removal of such weeds may be heard.
4. That the Fire Marshal is hereby designated and ordered as the person to
cause notice of the adoption of this resolution to be given in the manner and
form provided in Sections 9.08.030 and 9.08.040 of the Cupertino Municipal Code.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 21 st day of December , 1976, by the following vote:
Vote Members of the Citv Council
AYES: Jackson, Nellis, O'Keefe, Meyers
NOES: None
ABSENT: Frolich
ABSTAIN: None
ATTEST: APPROVED:
/s/ Wm. E. Ryder /s/ Robert W. Meyers
City Clerk Mayor, City of Cupertino
Attachment
Resolution No. 4344
1976/77 WEED ABATEMENT SURVEY
City of Cupertino
APN PROPERTY LOCATION
316-07-034
Tantau Avenue
316-21-031
Stevens Creek Blvd.
316-21-033
Stevens Creek Blvd.
316-23-022
Stevens Creek Blvd.
316-23-025
Stevens Creek Blvd.
316-23-026
Stevens Creek Blvd.
316-23-032
Stevens Creek Blvd.
316-23-037
N. Blaney Ave.
316-25-012
Stevens Creek Blvd.
316-25-014
Vista Dr. & Stevens Creek Blvd.
316-25-019
Stevens Creek Blvd.
316-26-ol8
DeAnza Blvd.
316-26-043
DeAnza Blvd.
316-26-o44
DeAnza Blvd.
316-26-o38
Stevens Creek Blvd.
316-26-039
Stevens Creek Blvd.
316-32-048
Junipero Serra Fwy.
323-36-017
Homestead Rd. & Hwy. 9
326-01-003
Homestead Rd.
326-01-037
Homestead Rd.
326-07-022
Homestead Rd. & Stelling Rd.
326-07-028
Homestead Rd. & Stelling Rd.
326-07-032
Homestead Rd.
326-o7-o34
Homestead Rd.
326-06-o5o
Mary Avenue
326-08-058
Gardena Dr.
326-08-059
Gardena Dr.
326-08-06o
Gardena Dr.
326-o8-061
Gardena Dr.
326-08-o62
Gardena Dr.
326-08-o63
Gardena Dr.
326-09-052
Homestead Rd. & N. Stelling Rd.
326-o9-060
Homestead Rd. & N. Stelling Rd.
326-09-o61
Homestead Rd. & N. Stelling Rd.
326-10-020
De Anza Blvd.
326-10-026
Valley Green Dr. & Beardon Dr.
326-10-029
Valley Green Dr.
326-to-038
Homestead Rd.
326-10-039
Homestead Rd.
326-10-042
N. Saratoga -Sunnyvale Rd.
326-lo-o43
N. Saratoga -Sunnyvale Rd.
326-10-046
Valley Green Dr.
326-to-048
Valley Green Dr.
326-15-067
N. Foothill Blvd.
326-15-074
Alpine Dr.
326-15-075
Alpine Dr.
326-15-078
Alpine Dr.
51M
APN
326-15-o96
326-15-103
326-15-1o4
326-15-1o6
326-15-123
326-15-124
326-16-oo8
326-16-025
326-16-o43
326-16-o44
326-16-055
326-16-056
326-17-o16
326-17-034
326-18-olo
326-20-002
326-20-034
326-20-038
326-23-o41
326-29-o14
326-32-038
326-33-050
326-33-078
326-33-079
326-34-o46
326-34-o47
326-34-o49
326-34-052
326-34-053
326-34-054
326-34-055
326-34-o6o
326-37-026
326-39-029
326-4o-ool
326-4o-002
326-4o-003
326-4o-oo4
326-40-005
326-43-035
326-43-036
326-43-o44
326-43-o45
326-43-053
326-43-o54
326-43-055
326-43-o62
326-43-o63
326-43-o64
326-43-070
326-43-071
PROPERTY LOCATION
Alpine Dr.
Salem Avenue
Salem Avenue
Alpine Dr.
Cupertino Rd.
Cupertino Rd.
Hillcrest Rd.
Cupertino Rd. & Crescent Rd.
Hillcrest Rd.
Hillcrest Rd.
Hillcrest Rd.
Hillcrest Rd.
Amelia Ct.
Crescent Rd.
Stevens Creek Blvd.
Stevens Creek Blvd.
Adriana Avenue
Stevens Creek Blvd.
Alhambra & University
N. Stelling Rd.
Stevens Creek Blvd.
Bandley Drive
Bandley Drive
Bandley Drive
Bandley Drive
Alves Drive
Bandley ?rive/Lazaneo
DeAnza Blvd.
Stevens Creek Blvd.
Stevens Creek Blvd.
Stevens Creek Blvd.
Lazaneo Dr. & DeAnza
Crescent Ct.
Phar Lap Dr.
Gardena Dr.
Gardena Dr.
Gardena Dr.
Gardena Dr.
Gardena Dr.
Castine Ave.
Castine Ave.
Pebble Place
Pebble Place
Grapnel Place
Grapnel Place
Grapnel Place
Amulet Place
Amulet Place
Amulet Place
Nathanson Ave.
Nathanson Ave.
Dr. & DeAnza Blvd.
Blvd.
IM,
APN PROPERTY LOCATION
342-05-009
N. Foothill Blvd.
342-12-002
N. Foothill Blvd.
342-12-048
N. Foothill Blvd.
342-12-053
N. Foothill Blvd. & Silver Oak Way
342-15-033
Voss Road
342-17-040
San Juan Road
342-17-065
San Juan Road
342-17-068
San Juan Road
342-17-079
San Juan Road
351-10-023
Stevens Canyon Road
356-02-027
Drea Rd. & DeAnza Cir.
356-03-044
Stevens Canyon Rd.
356-04-031
St. Andrews Ave.
356-06-021
Baxley Ct. & Linda Vista Dr.
356-06-022
Baxley Ct.
356-06-023
Baxley Ct.
356-06-025
Baxley Ct.
356-06-026
Baxley Ct.
356-06-027
Baxley Ct.
356-06-029
Baxley Ct.
356-06-033
Baxley Ct.
356-06-034
Baxley Ct. & Linda Vista Dr.
356-26-011
Mt. Crest P1. & Mt. Crest Dr.
356-26-012
Mt. Crest P1. & Mt. Crest Dr.
357-01-002
Stevens Creek Blvd.
357-01-025
S. Foothill Blvd.
357-01-026
S. Foothill Blvd.
357-05-001
McClellan Rd.
357-05-014
McClellan Rd.
357-05-015
McClellan Rd.
357-07-001
End of Palm Ave.
357-08-017
Scenic Blvd. & Querida Rd.
357-08-018
Scenic Blvd. & Querida Rd.
357-08-019
Scenic Blvd. & Querida Rd.
357-09-001
Scenic Blvd.
357-09-021
Scenic Blvd.
357-09-022
Scenic Blvd.
357-09-023
Scenic Blvd.
357-09-024
Scenic Blvd,
3-
APN
357-17-003
357-17-004
357-17-005
357-17-006
357-17-007
357-17-009
357-17-040
357-17-041
357-17-055
357-17-o61
357-17-o62
357-17-063
357-17-o64
357-18-003
357-19-001
357-20-001
357-20-013
357-2C-ol6
357-20-018
357-2o-033
357-20-034
359-11-011
359-13-009
359-13-024
359-13-0�5
35i9-17-010
359-i8-oo8
359-18-042
36o-03--002
369-01-002
369-of-003
369-01-011
369-o1-012
369-01-013
369-02-001
369-02-002
369-03-001
369-03-002
369-03-003
369-03--007
369-o5-oo6
369-05-008
369-05-013
369-05-ol4
369-06-001
369-28-030
369-32-010
369-34-003
369-37-015
369-37-018
369-39-002
369-39-003
369-39-004
369-39-028
PROPERTY LOCATION
Ave.
Ave.
Ave.
Imperial
Imperial
Imperial
Imperial
Imperial
Imperial
Stevens
Pasadena Ave.
Ave.
Ave.
NE
Ave.
Creek & Pasadena Ave.
Granada Ave.
Stevens Creek & Orange Ave.
Stevens Creek & Orange Ave.
Stevens Creek & orange Ave.
Stevens Creek Blvd. & Orange Ave.
Pasadena & Lomita Ave.
McClellan Rd.
Stevens Creek Blvd. & Bubb Rd.
Lomita Ave.
McClellan Rd. & Results Way
McClellan Rd. & Bubb Rd.
Results Way
Results Way
Rodrigues Ave.
Tula Lane
Tula Lane
Tula Lane
Paradise Dr. & Terry Way
McClellan Rd. & John Way
Saratoga -Sunnyvale Rd.
Regnart Rd.
DeAnza & Scofield
DeAnza & Scofield
Stevens Creek Blvd.
Stevens Creek Blvd.
Stevens Creek Blvd.
Between Stevens Creek
Stevens Creek Blvd.
Stevens Creek Blvd,
Stevens Creek Blvd.
Stevens Creek Blvd.
Stevens Creek Blvd.
Stevens Creek Blvd.
S. Blaney Ave.
Stevens Creek Blvd. &
Stevens Creek Blvd. &
B1. & Rodrigues Ave.
Portal Ave.
Portal Ave.
Stevens Creek Blvd.
Pacifica Dr. & S. Blaney
S. Blaney Ave.
Bollinger Rd.
Bollinger Rd.
Saratoga -Sunnyvale Rd.
Pacifica Dr.
Pacifica Dr.
Pacifica Dr. & Whitney Way
Pacifica Dr. & Whitney Way
Ave.
Ave.
NE
Ave.
Creek & Pasadena Ave.
Granada Ave.
Stevens Creek & Orange Ave.
Stevens Creek & Orange Ave.
Stevens Creek & orange Ave.
Stevens Creek Blvd. & Orange Ave.
Pasadena & Lomita Ave.
McClellan Rd.
Stevens Creek Blvd. & Bubb Rd.
Lomita Ave.
McClellan Rd. & Results Way
McClellan Rd. & Bubb Rd.
Results Way
Results Way
Rodrigues Ave.
Tula Lane
Tula Lane
Tula Lane
Paradise Dr. & Terry Way
McClellan Rd. & John Way
Saratoga -Sunnyvale Rd.
Regnart Rd.
DeAnza & Scofield
DeAnza & Scofield
Stevens Creek Blvd.
Stevens Creek Blvd.
Stevens Creek Blvd.
Between Stevens Creek
Stevens Creek Blvd.
Stevens Creek Blvd,
Stevens Creek Blvd.
Stevens Creek Blvd.
Stevens Creek Blvd.
Stevens Creek Blvd.
S. Blaney Ave.
Stevens Creek Blvd. &
Stevens Creek Blvd. &
B1. & Rodrigues Ave.
Portal Ave.
Portal Ave.
Stevens Creek Blvd.
Pacifica Dr. & S. Blaney
S. Blaney Ave.
Bollinger Rd.
Bollinger Rd.
Saratoga -Sunnyvale Rd.
Pacifica Dr.
Pacifica Dr.
Pacifica Dr. & Whitney Way
Pacifica Dr. & Whitney Way
APN PROPERTY LOCATION
369-40-009
Pacifica & Torre Ave.
369-40-010
Pacifica Dr.
369-40-011
Pacifica Dr.
369-40-013
Saratoga -Sunnyvale
Rd.
369-40-015
Saratoga -Sunnyvale
Rd.
369-41-001
Rodrigues & Torre
Ave.
369-41-002
Rodrigues & Torre
Ave.
369-41-003
DeAnza Bl.
375-01-013
Stevens Creek B1.
375-01-015
Stevens Creek B1.
375-02-001
Craft Dr. & Finch
Ave.
375-02-002
Craft Dr. & Finch
Ave.
375-02-003
Craft Dr. & Finch
Ave.
375-02-004
Craft Dr. & Finch
Ave.
375-02-005
Craft Dr. & Finch
Ave.
375-02-006
Craft Dr. & Finch
Ave.
375-02-007
Craft Dr. & Finch
Ave.
RESOLUTION NO. 4355
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ORDERING THE ABATEMENT OF PUBLIC NUISANCES PURSUANT TO
PROVISIONS OF ORDINANCE NO. 724 AND RESOLUTION NO. 4344
WHEREAS, the City Council has declared that the growth of weeds, the
accumulation of garden refuse, cuttings and other combustible trash upon the
private properties as described in City of Cupertino Resolution No. 4344 to
be a public nuisance; and
WHEREAS, after due notice a public hearing thereon was held at a regular
meeting of the City Council on January 17, 1977; 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 nuisances;
NOW, THEREFORE, BE IT RESOLVED:
1. That the Fire Marshal is hereby ordered to abate such nuisance,
or cause the same to be abated, by having the weeds referred to destroyed or
removed by cutting, discing, chemical spraying or any other method as determined
by him; and, that all debris whether in piles or scatter be hauled away;
2. That the Fire Marshal 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
nuisances to be abated; and
3. That any affected property owner shall have the right to destroy
or remove such weeds or debris himself, or have the same destroyed or removed
at his own expense, provided that such destruction or removal shall have been
completed prior to the arrival of the Fire Marshal or his authorized representa-
tives to destroy or remove them.
BE IT FURTHER RESOLVED:
1. That the Fire Marshal shall keep an account of the cost of
abating such nuisance and embody such account in a report and assessment list
to the City Council which shall be filed with the City Clerk;
2. That said reports of costs, hearings and collection procedures
involved therewith shall be as provided by Ordinance No. 724,
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 17thday of ,Tan„ary , 1977, by the following vote:
Vote Members of the City Council
AYES: Frolich, Jackson, Nellis, O'Keefe, Meyers
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
APPROVED:
/s/ Wm. E. Ryder
City Clerk
/s/
Mayor, City of Cupertino
AGREEMENT FOR THE ABATEMENT OF
WEEDS BY COUNTY OF SANTA CLARA
FOR CITY OF CUPERTINO
THE FOLLOWING is an Agreement between COUNTY OF SANTA CLARA,
State of California, hereinafter called "County," and CITY OF
CUPERTINO, Santa Clara County, California, hereinafter called
"City ".
WHEREAS, City has the power to conduct greed abatement under
Government Code of the State of California @ 39500, et seq.; and
WHEREAS, City has home rule authority to adopt ordinances for
public health, safety and welfare, including weed abatement
procedures; and
WHEREAS, City has exercised this power by adoption of Chapter
No. 9.08 of the Cupertino Municipal Code, for weed abatement; and
WHEREAS, County, under provisions of the Health and Safety
Code of the State of California and under its ordinances has the
power to enforce the abatement of hazardous weeds; and
WHEREAS, the Board of Supervisors of Santa Clara County, by
resolution has exercised the power granted to County pursuant to
the Health and Safety Code of the State of California, commencing
at Section 14875; and
WHEREAS, the parties hereto have thePpower to enforce weed
abatement within their corporate limits; and
WHEREAS, County is desirous of contracting with City for the
County Fire Marshal to perform the actual services of abatement of
weeds; and
WHEREAS, County is agreeable to rendering such services and
City is agreeable to have such services rendered under the terms
-1-
and conditions hereinafter set forth for the reason of efficiency
and mutual benefit of both parties,
NOW, THEREFORE, it is hereby agreed as follows:
1. Purpose of Agreement. The purpose of this Agreement is
to promote the efficiency and economy of operations in the abate-
ity and County. This Agreement shall provide
ment of weeds by C
for the performance by County of functions relating to weed abate-
ment in territory within the City at the same time that County is
working in the Urban Service Area of City. The functions to be
performed by County for City shall be hereinafter set forth.
2. joint Cooperation. County shall prepare, from Assessor's
Parcel Maps, the list.of parcels requiring abatement of weeds in
the City and transmit it to City for review and approval for pro-
cessing. The County Fire Marshal shall transmit the final list of
parcels to the City Manager of City, or to his designated, repre-
sentative, for appropriate action in accordance with law.
3. Notice. County shall prepare the notice of weed abate-
ment and cause such notice to be mailed to the owners of the parcels
requiring weed abatement.
4. Hearing by Council. The Council of City shall conduct
public hearings on the proposed removal of'weeds pursuant to the
provisions of the City ordinance when the Fire Marshal presents
such appropriate resolutions or orders for adoption. The Council
may by resolution declare the weeds on the respective parcels of
land as nuisances, make the determination to proceed with the
abatement of weeds, and authorize the performance of the service
of removal of weeds in accordance with this Agreement.
5. County Responsibilities. After action is taken at each
stage by the Council, County, through the Fire Marshal shall cause
the abatement of weeds in the following manner: Upon proper
authorization by City to County, the Fire Marshal shall remove the
weeds on the designated properties, where the need for weed abate-
ment still exists, because owners have failed to so remove said
weeds.
6. Statement of Costs. The Fire Marshal shall render to
the City an itemized statement or report of the cost of the weed
abatement services performed for the respective parcels of land
in the City on or before the tenth day of August of each year,
which shall include the County's administrative cost of 25% of the
cost for City parcels of weed abatement services of the weed abate-
ment contractor for the respective parcels. The statement shall
include the description of the lots and parcels of land for which
weed abatement services were performed, a'nd verification by sig-
nature of the County Fire Marshal and the City Manager of City,
or his designated representative.
7. Inclusion of Assessment on County Tax Bill. The City
Council, after hearing, shall require the County Tax Collector
to include the costs of the weed abatement service performed for
City for the current -year, as a special assessment on bills for
taxes levied against the respective lots and parcels of land.
Such special assessments shall be liens on the respective pro-
perties.
8. Time and Manner of Collection. The amounts of the
-3 -
assessments shall be collected at the same time and in the same
manner as county taxes are collected, and are subject to the
same penalties and the same procedure and sale in case of delin-
quency as provided for ordinary county taxes.
9. Remittance of Costs. The cost of weed abatement shall
be advanced by County and reimbursed to County as and when col-
lected by County Tax Collector.
10. Liability. City shall assume no liability for the pay-
ment of salary, wages or other compensation to officers, agents,
employees or contractors of County performing services hereunder.
City shall not be liable for compensation or indemnity to
County officers or employees, or to third persons, for injury or
sickness arising out of the weed abatement operations under this
Agreement, excluding any damages or injury arising out of any
dangerous or defective condition of public property of the City.
11. Records. Each officer or department of County perform-
ing any service pursuant to this Agreement shall keep itemized
and detailed work or job records covering the cost of all services
performed.
12. Independent Contractors. It is agreed that this Agree-
ependent contractors, and it is not in
ment is by and between ind
-
tended nor shall it be construed to create the relationship of
agent, servant, employee, partnership, joint venture or association
between County and City.
13. Duration of Agreement. This Agreement shall become ef-
fective on date of execution and shall run until the governing
body of City or County shall exercise the right to terminate this
-4-
6 _�
Agreement as of the first day of September of any year, by giving
notice to the other party not less than ten (10) days prior to
the date of termination.
IN WITNESS WHEREOF, the parties hereto have executed this
MAR 1 1976
Agreement as of January 19, 1976
ATTEST: Cl r Boar of S p rvisors COUN F SANTA ARA
ATTEST: CLERK
City of Cupert' o
�'ld��lilag. 15 a of Supervisors
CITY OF CUP RTINO MAR 1 Z76
-Mayor, City of Cupertino
APPROVED AS TO FORM: APPRO D AS TO FORM:
ot
Deputy, --County Counsel
City Attorney
-5-
SECOND AMENDMENT TO.AGREEMENT
BETWEEN COUNTY OF SANTA CLARA
AND CITY OF CUPERTINO FOR
ABATEMENT OF WEEDS
The agreement previously entered into on March 1, 1976 between
the County. of Santa Clara (County) and the City of Cupertino
(City), as amended on May 4, 1981, is hereby amended to increase
the charge for County's costs in administering the weed abatement
program and to provide for administration of the program by any
County official designated by the County Board of Supervisors.
IT IS AGREED between the parties as follows:
1. Statement of Costs. Section 6 of the agreement for abate-
ment of weeds shall be amended to read as follows:
County shall render to City an itemized statement or report of
the cost of the weed abatement services performed for the respect -
parcels of land in the City on or before the tenth day of
August of each year, which shall .include the County's administra-
tive cost of 65% of the cost of the weed abatement contractor for
the respective parcels for which services were performed. The
statement shall include the description of the lots and parcels of
land for which services were performed, and verification by signa-
ture of the County official administering the weed abatement
program.
2. County Administration. Section 14 is added to the agree -
meet for abatement of weeds to read as follows:
This agreement shall be administered on behalf of County by
the County Building Inspector or by any other County official
designated by the County Board of Supervisors.
sin
6-e
3. Effective Date. This agreement -shall be effective on the
date of execution by the parties. The increased charge for
County's administrative costs shall be effective commencing with
the 1983 weed abatement season.
Executed by the County of Santa Clara on FEB 1 5 1981
COUNTY OF SANTA CLARA
ATTEST: Clerk Chairperson, Board of Supervisors
Board of S up e s�or s RObawa 0, Morgan
DONALD 144: RAINS
Executed by the City of Cupertino on--(�"
CITY OF CUPERTINO
Approved as to form
Robert J. Meni f&a c
Deputy County Counsel
RJM:mw
0947L
�•
M yor, City o Cupertino
APPROVED AS TO FORM:
City Attorney
ATTEST:
G
City Clerk
a
-2-
RESOLUTION NO. 9721
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO AUTHORIZING EXECUTION OF THIRD
AMENDMENT TO AGREEMENT BETWEEN COUNTY OF
SANTA CLARA AND THE CITY OF CUPERTINO FOR
ABATEMENTOF WEEKDS
WHEREAS, there has been presented to the City Council a proposed Third
Amendment to Agreement Between County of Santa Clara and the City of Cuprtino for
Abatement of Weeds; and
WHEREAS, the terms, conditions and provisions of the agreement have been
reviewed and approved by the City Attorney and the Director of Administrative Services.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby approves the aforementioned agreement and authorizes the Mayor and
the City Clerk to execute said agreement on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 21 st day of October, 1996 by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
reso I uti/res9721. doc
APPROVED:
Mayor, City of Cupertino
6 � /D
X
RESOLUTION NO. 9721
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO AUTHORIZING EXECUTION OF THIRD
AMENDMENT TO AGREEMENT BETWEEN COUNTY OF
SANTA CLARA AND THE CITY OF CUPERTINO FOR
ABATEMENT OF WEEDS
WHEREAS, there has been presented to the City Council a proposed Third
Amendment to Agreement Between County of Santa Clara and the City of Cupertino for
Abatement of Weeds; and
WHEREAS, the terms, conditions and provisions of the agreement have been
reviewed and approved by the City Attorney and the Director of Administrative Services.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby approves the aforementioned agreement and authorizes the Mayor and
the City Clerk to execute said agreement on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 21 st day of October, 1996, by the following vote:
Vote Members of the City Council
AYES: Bautista, Chang, Dean, Sorensen, Burnett
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/ Kimberly Smith
City Clerk
resolutihes9721.doc
/s/ Don Burnett
Mayor, City of Cupertino
1. LA,� ,in, uR's's COPY
THIRD AMENDMENT TO AGREEMENT
BETWEEN COUNTY OF SANTA CLARA
AND THE CITY OF CUPERTINO
FOR ABATEMENT OF WEEDS
The agreement previously entered into on March 1, 1976 between the County of Santa
Clara (County) and the City of Cupertino (City), as amended on May 4,1981 and on
February 15, 1983, is hereby amended to increase the charge for the County's program costs
in administering the weed abatement program.
IT IS AGREED between the parties as follows:
1. Statement of costs. Section 6 of the agreement for abatement of weeds shall be
amended to read as follows:
County shall render to City an itemized statement or report of the cost of the weed
abatement services performed for the respective parcels of land in the City on or before the
tenth day of August of each year, which shall include the County's administrative costs of
120% of the cost of the weed abatement contractor for the respective parcels for which
services were performed. The statement shall include the description of the lots and parcels
of land for which services were performed, and verification by signature of the County
official administering the weed abatement program.
2. Effective Date. This agreement shall be effective on the date of execution by the
parties. The increased charge for County's administration costs shall be effective
commencing with the 1997 weed abatement season.
Executed by the County of Santa Clara on JAN 1 4 1996
COUNTY OF SANTA CLARA
rson, Board of Supervisors
JAMES T. BEALL, JR. ATTEST:
Executed by the City of Cupertino on
CITY OF CUPERTINO
Mayor, City of Cupertino
Clerk, and of Supervisors
PHYLLIS A. PEREZ
Approved as to form:
Deputy o my Coun Te1
CITY OF
CUPEkTINO
September 6, 2000
Martin Hicks
Program Coordinator
Hazardous Vegetation Management Program
Office of the Fire Marshal
70 West Hedding Street, 7th Floor
San Jose, CA 95110-1705
WEED ABATEMENT AGREEMENT (SIXTH AMENDMENT)
City Hall,
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3223
FAX: (408) 777-3366
OFFICE OF THE CITY CLERK
I am enclosing a copy of the Sixth Amendment to the Agreement Between Santa Clara County and
the City of Cupertino for Abatement of Weeds, which has been signed by the Mayor. I've also
attached a copy of the resolution authorizing execution of the amendment. Sorry to take so long to
get this to you, Marty.
Sinc ly,
oberta Wolfe
Deputy City Clerk
JJ&
Printed on Recycled Paper
RESOLUTION NO. 00-218
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF SIXTH AMENDMENT TO THE
AGREEMENT BETWEEN SANTA CLARA COUNTY AND THE CITY OF
CUPERTINO FOR ABATEMENT OF WEEDS
WHEREAS, there has been presented to the City Council a proposed Sixth
Amendment to the Agreement between Santa Clara County and the City of Cupertino for
the abatement of weeds; and
WHEREAS, the terms, conditions and provisions of the agreement have been
reviewed and approved by the Director of Administrative Services and the City Attorney.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby approves the aforementioned agreement and authorizes the Mayor to
execute said agreement on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 21 S` day of August 2000, by the following vote:
Vote Members of the City Council
AYES: Burnett, Chang, James, Lowenthal, Statton
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk
APPROVED:
Mayor, City of Cupertino
THIS IS TO CERTIFY THAT THE WITHIN
INSTRUMENT IS A TRUE AND CORRECT COPY OF
THE ORIGINAL ON FILE IN THIS OFFICE
F�THE CITY OF CUPERTINO
:IY
SIXTH AMENDMENT TO THE AGREEMENT BETWEEN SANTA CLARA COUNTY AND THE
CITY OF CUPERTINO FOR ABATEMENT OF WEEDS
The Agreement for the Abatement of Weeds (Agreement) between the County of Santa Clara
(County) and the City of Cupertino (City) previously entered into on March 1, 1976, as amended
on May 4, 1981, February 15, 1983, January 14, 1996, August 18, 1998, and September 7,1999
is hereby amended to increase the charge for the County's program costs to administer the
Hazardous Vegetation Management Program.
IT IS AGREED between the parties as follows:
1. Statement of Costs
Section 6. of the Agreement shall be amended to read as follows:
County shall render to City an itemized statement or report of the cost of the weed abatement
services performed for the respective parcels of land in the City on or before the 10th day of
August of each year. Commencing with the Year 2000/2001 weed abatement season, the
County's administrative costs shall be 150% of the cost of the weed abatement contractor for the
respective parcels for which services were performed. The statement shall include the description
of the lots and parcels of land for which services were performed, and verification by signature of
the County official administering the Hazardous Vegetation Management Program.
2. Except as modified herein, all other terms and conditions of the Agreement remain the same
SANTA CLARA COUNTY
Paul D. Romero, Acting Director
Environmental Resources Agency
August 29, 2000
Approved as to form and gality:
Kathy Kret hm r,
Deputy Co my Counsel
ITY U
Jo�Stt�atton, Mayor
08 -�-�-- vd
Date
SEVENTH AMENDMENT TO THE AGREEMENT BETWEEN
THE COUNTY OF SANTA CLARA AND THE CITY OF CUPERTINO
FOR ABATEMENT OF WEEDS
The Agreement for the Abatement of Weeds (Agreement) between the County of Santa
Clara (County) and the City of Cupertino (City) previously entered into on March 1,
1976, as amended on May 4, 1981, February 15, 1983, January 14, 1996, August 18,
1998, September 7, 1999, and January 12, 2001 is hereby amended to modify the charge
for the County's program costs to administer the Hazardous Vegetation Management
Program.
IT IS AGREED between the parties as follows:
Statement of Costs
Section 6 of the Agreement shall be amended to read as follows:
In December of each calendar year, County shall deliver to City a list of all reasonable
and necessary fees and costs approved and adopted by County's Board of Supervisors for
all administrative, enforcement, and abatement services to be provided under this
Agreement. All fees and costs in said list shall be recovered by County pursuant to
Section 7 of this Agreement unless at a public hearing held within sixty (60) days of
County's delivery of said itemized statement to City the City's governing body expressly
declines to accept any fee or cost in said list. In the event City's governing body does
decline to accept any fee or cost in said list, County shall be relieved of any and all
obligations to provide any services under this Agreement for the weed abatement season
for which said itemized statement is submitted to City.
Thereafter, on or before the 1 Ot" day of August of each year, County shall render to City
an itemized statement or report of the reasonable and necessary fees and cost of the
administrative, enforcement, and abatement services performed for the respective parcels
of land in the City. The itemized statement or report shall include a description of the
lots and parcels of land for which services were performed, and verification by signature
of the County official administering the Hazardous Vegetation Management Program.
2. Except as modified herein, all other terms and conditions of the Agreement
remain the same.
COUNTY OF SANT ARA
Kevin O'Day, Dir ctor
Department of Agriculture and
Environmental Management
3 - __R - / -I-
Date
Approved as to form and legality:
Mark Bernal
Deputy County Counsel
Sr�y�v. a �1ego
Depot oun Executiv
CITY OF CUPERTINO
-- W
David W. IZnapp, City Manager
Date
A ved as to fo
1
City Attorney