CC Resolution 12120RESOLUTION NO. 12120
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL AUTHORIZING THE CITY MANAGER TO EXECUTE AN
EIGHTH AMENDMENT TO THE AGREEMENT OF THE COUNTY OF
SANTA CLARA AND THE CITY OF CAMPBELL FOR THE ABATEMENT
~ OF WEEDS TO MODIFY THE CHARGE FOR THE COUNTY'S
PROGRAM COSTS TO ADMINISTER THE HAZARDOUS VEGETATION
MANAGEMENT PROGRAM.
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WHEREAS, Campbell Municipal Code Chapter 17.54 (Weed Abatement), authorizes
the City Council to take action to abate weeds and hazardous vegetation in the
community;
WHEREAS on November 1, 1976, the Agreement for the Abatement of Weeds by the
County of Santa Clara and the City of Campbell ("Agreement") was entered into
authorizing the County of Santa Clara to operate a weed abatement program on behalf
of the City;
WHEREAS, the Agreement was subsequently amended on May 18, 1981, February 15,
1983, November 4, 1996, September 1, 1998 and on October 19, 1999, January 12,
2001, December 27, 2011; and
WHEREAS, the County has proposed an Eighth Amendment to the Agreement to
revise Section 6 to require the City to make payment to the County to cover the City's
proportional share of any deficit the program may incur;
WHEREAS, the City desires to maintain its participation in the County weed abatement
program in the interest of the public, health, safety, and welfare;
NOW, THEREFORE, BE.IT RESOLVED that the City Council of the City of Campbell
hereby authorizes the City Manager to execute the EIGHTH AMENDMENT TO THE
AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA AND THE CITY OF
CAMPBELL FOR ABATEMENT OF WEEDS, included herein as EXHIBIT A.
PASSED AND ADOPTED this 7th day of March, 2017, by the following roll call vote:
AYES: COUNCILMEMBERS: Waterman, Cristina, Landry, Resnikoff, Gibbons
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
APPROVE ~-~ ~ ~~~~''~J
lizabeth Gibbons, Mayor
ATTEST:
Wendy ood, City Clerk
Exhibit A
EIGHTH AMENDMENT TO THE AGREEMENT BETWEEN
THE COUNTY OF SANTA CLARA AND THE CITY OF
CAMPBELL FOR ABATEMENT OF WEEDS
The Agreement for the Abatement of Weeds (AGREEMENT) between the County of ,Santa
Clara (COUNTY) and the City of Campbell (CITY) previously entered into on November 1,
1976, as amended on May 18, 1981, February 15, 1983, January 14, 1996, August 18, 1998,
August 17, 1999, January 12, 2001 and March 2, 2010 is hereby amended to modify the chazge
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:
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, the 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. If the amount recovered by COUNTY is
inadequate to cover its operational costs, CITY agrees to pay COUNTY for any shortfall 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 l0a' 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 pazcels of land
in the CITY. The itemized statement or report shall include a description of the lots and pazcels
of land for which services were performed, and verification by signature of the COUNTY
official administering the Hazardous Vegetation Management Program.
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2. Except as modified herein, all other terms and conditions of the
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
CITY OF CAMPBELL
Brian Leventhal, City Manager
31g/~ ~ .
Date
Sylvia Gallegos
Deputy County Executive