8 Eighth AmendmentRESOLUTION NO. 16-105
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF EIGHTH 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 Eighth
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 City Manager 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 City
Manager 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 4th day of October, 2016 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the City Council
Chang, Vaidhyanathan, Paut Sinks, Wong
None
None
None
APPROVED:
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Grace Schmidt City Clerk
EIGHTH 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, January 12, 2001, and March 2, 2010 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:
1. Statement of Costs
Section 6 of the AGREEMENT shall be amended to read as follows:
A. 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 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 the CITY's governing body expressly
declines to accept any fee or cost in said list. In the event CITY's governing body declines 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. If the amount recovered by COUNTY is inadequate to
cover its operational costs, CITY agrees to pay COUNTY for any sh01ifall for weed abatement
in its jurisdiction within sixty (60) days of demand by COUNTY, which will be accompanied by
a statement of COUNTY's weed-abatement costs.
Thereafter, on or before the 10 111 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 perfonned, and verification by signature of the COUNTY
official administering the Hazardous Vegetation Management Program.
II I
Ill
II I
I II
2. Except as modified herein, all other terms and conditions of the AGREEMENT remain
the same.
COUNTY OF SANTA CLARA
Amy Brown, Director
Consumer and Environmental
Protection Agency
Date
Approved as to form and legality:
Michael L. Rossi
Lead Deputy County Counsel
Sylvia Gallegos
Deputy County Executive
CITY OF CUPERTINO
David Brant, City Manager
Date
Approved as to form:
Randolph Hom City Attorney
Attest:
Grace Schmidt, City Clerk