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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