Staff Report.Amended and Restated Weed Abatement Agreement
PREPARED BY: Meredith Johnston
Administrative Technician
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Parks and
Public Works Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 03/15/2022 ITEM NO: 9
DATE: March 28, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute an Amended and Restated
Agreement Between the County of Santa Clara and the Town of Los Gatos for
Weed Abatement Services
RECOMMENDATION:
Authorize the Town Manager to execute an Amended and Restated Agreement between the
County of Santa Clara and the Town of Los Gatos for weed abatement services (Attachment 1).
BACKGROUND:
Pursuant to California Government Code Sections 39501 et seq., the Town has the authority to
require and provide for the abatement of hazardous weeds on properties within its jurisdiction
either by ordinance or pursuant to the procedures set forth in Article 2 of Chapter 13, Division 3
of Title 4 of the Government Code (commencing with Section 39560).
The Town has established, under Chapter 11, Article II of the Los Gatos Town Code, a program
to abate as a public nuisance hazardous weeds and brush situated on properties in the Town.
For reasons of efficiency, economy of operations and resources, and the mutual benefit of both
the Town and the County of Santa Clara (County), the County provides weed abatement
services on properties in the Town and assists in administering certain parts of the Town’s weed
abatement program. The Town and County entered into an “Agreement for the Abatement of
Weeds by the County of Santa Clara for the Town of Los Gatos” on March 6, 1978, as
subsequently amended, which provided for the abatement of weeds by the County on behalf of
the Town.
PAGE 2 OF 3 SUBJECT: Authorize Town Manager to Execute the Amended and Restated Agreement Between the County of Santa Clara and the Town of Los Gatos for Weed Abatement Services DATE: March 28, 2022
BACKGROUND (continued):
This amended and restated agreement for the abatement of weeds allows the County to fully
recover its service costs in administering the Town’s weed abatement program.
DISCUSSION:
The County operates this program on a 100% cost recovery basis. It is the intent of the County
to obtain full cost recovery through assessments on parcels that are in the program. This
amended and restated agreement provides that, should the funding associated with the
assessments fall short of the total program cost, the Town would reimburse the County for its
share of the costs on a pro-rata share of the program such that the County achieves full cost
recovery.
Cost overages are most likely to occur due to the County’s program personnel cost increases. It
is also possible, though it has not occurred in Los Gatos, that the Town Council might waive the
assessment of fees associated with a particular parcel or the Council declines to accept any fee
or cost presented in the County fee schedule.
The agreement allows for cancellation by either the Town or the County at the conclusion of
any weed abatement cycle.
CONCLUSION:
Authorize Town Manager to execute an Amended and Restated Agreement between the
County of Santa Clara and the Town of Los Gatos for weed abatement services.
COORDINATION:
This program has been coordinated with the Santa Clara County Department of Agriculture and
Environmental Management.
FISCAL IMPACT:
The County’s Weed Abatement Program administers services for 13 local agencies which
operates on a 100% cost recovery basis, and it is the intent of the County to obtain cost
recovery through assessments on parcels that are in the program. The estimated program cost
related to each agency is based on the number of parcels per agency. For Fiscal Year 2021/22,
the estimated cost is $21,599.65. Funds are provided in the Fiscal Year (FY) 2021/22 Operating
Budget to cover the cost of publishing all required legal notices. If the County needs to request
additional funds, this would be absorbed in the PPW budget.
PAGE 3 OF 3 SUBJECT: Authorize Town Manager to Execute the Amended and Restated Agreement Between the County of Santa Clara and the Town of Los Gatos for Weed Abatement Services DATE: March 28, 2022
FISCAL IMPACT (continued):
Should the funding associated with the assessments fall short of the total program cost, the
Town will be billed for a pro-rata share of the program such that the County achieves full cost
recovery.
Attachment:
1. Amended and Restated Agreement Between the County of Santa Clara and the Town of Los
Gatos for Weed Abatement Services