2000-097-Authorizing The Town Manager To Execute The Sixth Amendment To The Agreement With Santa Clara County For The Abatement Of Hazardous VegetationRESOLUTION 2000 - 97
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE THE SIXTH
AMENDMENT TO THE AGREEMENT
WITH SANTA CLARA COUNTY
FOR THE ABATEMENT OF HAZARDOUS VEGETATION
WHEREAS, an Agreement for the Abatement of Weeds and Brush was previously
entered into on March 6, 1978 between the County of Santa Clara and the Town of Los Gatos,
and was subsequently amended on June 15, 1981, February 15, 1983, January 14, 1996, and
August 18,1998, and September 7, 1999, and
WHEREAS, the Sixth Amendment to said Agreement, attached hereto as Exhibit A, has
been presented to the Town for approval.
NOW, THEREFORE, BE IT RESOLVED that the Sixth Amendment to the
Agreement for the Abatement of Weeds and Brush between the County of Santa Clara and the
Town of Los Gatos is hereby approved, and that the Town Manager is authorized, and is hereby
directed, to execute said amendment in the name and on behalf of the Town of Los Gatos.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 7th day of August, 2000 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Jan Hutchins, Linda Lubeck, Joe Pirzynski,
Mayor Steven Blanton.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
4MAY0;FTHE WN OF L GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF VS ATOS
LOS GATOS, CALIFORNIA
AUI'c2c,iz�
SIXTH AMENDMENT TO THE AGREEMENT BETWEEN SA'NTA CLARA COUNTY
AND THE TOWN OF LOS GATOS FOR ABATEMENT OF WEEDS
The Agreement for the Abatement of Weeds (Agreement) between the County of Santa Clara
(County) and the Town of Los Gatos (Town) previously entered into on March 6, 1978, as
amended on June 15, 1981, February 15, 1983, January 14, 1996, August 18, 1998, and
September9, 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:
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, Charges for
services performed on parcels owned by the Town will include a reduced administrative fee of
75% of the cost of the weed abatement contractor,
2. Except as modified herein, all other terms and conditions of the Agreement remain the same.
SANTA CLARA COUNTY TOWN OF LOS GATOS
Paul D. Romero, Acting Director Steven Blanton, Mayor
Environmental Resources Agency
August 29,, 2000 Date
A proved to form an legality:
Kathy Kr chrner, :Deputy County Counsel
Attachment A
Jursidictional Summary
1997 Season 1998 Season 1999 Season
Actuals Actuals Ac uals
Los Gatos
Parcels on Program
365
397
237
Parcels Abated:
State Board of Equalization (SBE)
2
2
5
Private (Residential & Commercial)
446
43
25
Total
48
45
30
Average Cost Per Parcel Abated (incl Program Fee)
State Board of Equalization (SBE)
$ 224.40
$ 701.80
$ 789.73
Private (Residential & Commercial)
$ 270.41
$ 309.61
$ 373.40
7/12/00
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ATTACHMENT C
PROPOSED AMENDMENT TO AGREEMENT
AGRZ
_NT FOR
THE ABATEMENT
OF wELj BY
THE
OF SANTA
CLARA; FCR THE
TOWN CF LCS
GATCG
The following is an Agreement between CC(1NTY CF SANTA CLARA,
State of California (hereinafter called "County") and rCWN OF
LCS GATCS, Santa Clara County, California (hereinafter called owr,
both of w^cm understand and agree as follows:
WHEREAS, Town has the power to conduct weed abatement under
Government Code of the State of California Section 39500, et seq.;
WHEREAS, Town has home rule authority to adopt ordinances for
public health, safety and welfare, including weed abatement procedures;
and
WHE.IREAS, :'own has exercised this power by adoption of Article r�
of Section 14 of the Town Coda for the abatement of weeds; and
'WHEREAS, County, under provisions of the Health and Safety Cure
of the State of California and under its ordinances has -the power -�
enforce the abatement of hazardous weeds; and
'WHEREAS, '-a Board of Supervisors of Santa Clara County, by
luticn has exercised the power ;ranted to County purs'ant to the
and Safety Code of the State of California, commencing at Section
14875; and
WHERZAS, the parties hereto have the power to enfor_e weed ara
within their corporate limits; and
WHEREAS, County is desirous of contracting with Town for the
F.re Marshal co perform the act_,al services of abatement of Heeds; anc
•
'e7HEREAS, County is agreeable to rendering such services and Tows-
is agreeable to have such: services rendered under t;-e terms and condit
hereinafter sat forth for the reason of ef`iciency and ,-,iu:ual benef.-
both parties;
-1-
Attachment 3
NCW, THEEFORE, 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 abatement of
weeds by Town and County. This Agreement shall provide for ch.e per-
formance by Czunty of functions relating to weed abatement in terri`zr;,
within the Town at the same time that County is working in the Urban
Service Area of Town. The func.:ions to be performed by County for
shall be hereinafter set forth.
2. .Joint Cooperation. County shall prepare Assessor's parcel
and: the list of parcels requiring abatement of weeds in the Town and
transmit it to Town for staff review and approval for processing.
3. "notice. County shall prepare the notice of weed abatementnn
cause such notice cc be mailed :o the owners of the parcels requiring
weed abatement.
4. County Responsibilities. :he Fire Marshal shall remove :-.e
weeds on the designa:a,' Fror-�r-:es. where the need for weed a'batemen:
sti_1 exists bec_,s= owners hay.. failed to so remove said weeds.
5 . Statement of Costs. T`-,e Fire Marshal shall render to the 7.;
an is_mized statement or repor: of the cost of the weed abatement ser-,___.
performed for the respective parcels of land in the Town on or before _
15th day of July of each :_h shall -include the County Is admin.; s-
2c°': ^f ^ 'Town parcels of weed abatement
Native cost � t., .^^ �_ _ _ ..,.r
services of the weed abatement contractor for the respective parcels.
The scatement shall include the description of the lots and parcels
land for which weed abatement _srvices were performed, and vercifica:: ,c.
ty si;natura of th-3 County Fire Marshal.
6. Inclusior,on County Tax Bill. The Council of
Town, after hear:-~,.:11 _:: the Czunty Tax Collector to inclu4a
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the costs of the weed abatement service performed for Town for the
current year, as a special assessment on bills for taxes levied
the respective lots and parcels of land. Such special assessments
stall be liens on the respective properties.
7. TL7e and Manner of Collection. The amounts of the assess-E.,f:_
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 V!e s.-,-
procedure and sale in case of deliquency as provided for ordinary
County taxes.
8. Remittance of Costs. :!^e cost of weed abatement shall to
advanced by County and reimbursed to County as and when collected ty
County Tax Collector.
9. Liability. :own shall assume no liability for t'�%e payment :c
salary, wages, or other compensation to officers, agents, emplcyees :.
ccntractors of County perfo:mi-.,7 service hereunder.
Town shall not be liable :cr compensation or indemnity to
o:icers or employees, or to third persons, for injury or sic k^ess
ar:siny out of Zhe weed abatement operations under this Agree:lent,
excl::dirg any damages or injury arising out of any dangers or dear
conditions of public property of the Town.
The contractor hired by tl-e County shall hold the Town harm_ess
from any liabilities incurred during the course of the weed atazemen:
work, in a form approved by the Town.
10. Records. Each officer or department of County performing a^..
service pursuant to this Agreement shall keep itemised and detailed
work or job records covering the cost of all services performed.
11. Independent Contractors. Lt is agreed that this Agreement i::
by and between independent contractors, and it is not intended nor
-3-
1
shall it be construed to create the relationship of agent, servant,
employee, partnership, joinc.vencure or association be��+een Cour,t�
and Town.
12. Ouracion of Agreement. This Agreement shall become e°fecci�.�_
on date of execution and shall r.,n until the governing body of
County shall exercise the righc co terminate this Agreement as of -
first day of September of any year, by giving notice to the ocher ra;_
not less than ten (10) days prior to the date of termination.
LY WITNESS WHERECF, the parties hereto have executed this
as of MAR 6 1978
A.:, ST: 12WALD K. .RAZNS, Clerk �;TA CLAa2A
d of er, i ors
0% It I Waft
.,,airrnan, Soar;.+ or Supervisors
ATT-73710 JArES, Clerk
Town of Los Gatos
APPROVED AS TO FORM:
Isl Allan a. Save
ALLAN R . SAS
.Deputy County Counsel
TOWN CF -,LOS GATCS
lawn or ,,as )Gatos
AP:=R AS TO FOP44:
V
P R: G LL
Town Attorney
-4-
,A.mEN. wy 'E`�T TO AGR.EEME�"
( .TW'EE.N COUtiTY Of SANTA Ct .ZA
AND THE TOW V' OF LOS GATOS
FOR ABATEMENT OF BRUSH
The agreement, previously entered into on May Z3, 1995 between the County of Santa
Clara (County) and the Town of Los Gatos (Town) is hereby amended to increase the charge
for the County's program costs in administering the weed abatement program.
lT L5 AGREED between the parties as follows:
1. Statement of costs. Section 6 (c) of the agreement for abatement of weeds shall be
amended to read as follows:
An itemized statement of the costs involved in performing such abatement-. The
County may include a program cost of not more than IZO% for it's.sorvices on each
abatement by parcel;
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
CO(.-."NTY OF SANTA CLARA
Chairperson, Board of Supervisors
ATTEST:
Clerk, Board of Supervisors
Executed by the Town of Los Gatos on
TOWN OF LOS GATOS
Mavor, Town of Los Gatos
Approved as to form:
Deputy County Counsel
Attachment 4
SECOND AMENDMENT TO AGREEMENT
BETWEEN COUNTY OF SANTA CLARA
AND TOWN OF LA S G ATO S FOR
ABATEMENT OF WEEDS
^tie agreement previously entered into an March 6, 1978 between
t`e County of Santa Clara (County) and the Town of Los Gatcs
(Town), as amended on June 15, 1981, is hereby amended to increase
the charge for County's costs in administering the weed abatement
program and to provide f-r 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 5 of the agreement for abate-
ment of weeds shall be amended to read as follows:
County shall render to Town an itemized statement or report of
the cost of the weed abatement services performed for the respec-
tive parcels of land in the Town on or before, the tenth day
August of each year, which shall include the County's ad'minist.a-
tive cost of 65% of the cost of the weed abatement contractor fcr
the respective parcels for which services were performed. 71,e
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-
ment 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.
1210
3 Effective Date.
date of execution by
This agreement shall be effective on the
the parties. The increased charge far
County's administrative costs shall be effective commencing wit:
the 1983 weed abatement season.
Executed by the County of Santa Clara on
COUNTY OF SANTA CLARA
00
Chairperson,' Board of Supervisors
A'7:'ES :': Cl er k
Bo and Sup v sons Ada C•
4t
DQNAL.D M. 'RAINS
Executed by the Town of Los Gatos on January 3, 1983
^OWN OF LOS GATOS
Town Town of Los Gatos
Approved as to form
Robert J. xen feb
Deputy County Counsel
ATTEST:
CIetk o f t:-:e Town of LOI'Gatos
RJM:mw
094 7L
-2-
LRD A.WEN D MEN+T TO AGRE F .T
.:TWEENCOGN-rY OF sk —rA ( AA
A,W THE TOWN OF LOS GATOS
FOR ASATEMENT OF WEEDS
The agreement previously entered into on March 6, 1978 between the County of Santa
Clara (County) and the Town of Los Gatos (Town), as amended on June 13, 1981, and on
February 13, 1983, is hereby amended to increase the charge for the County's program costs
in admiruster ng the weed abatement program.
IT LS AGREED between the parties as follows
1. Statement of costs. Section 3 of the agreement for abatement of weeds shall be
amended to read as follows:
County shall render to Town an itemized statement or report of the cost of the weed
abatement services performed for the respective parcels of land in the Town 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. Charges for services performed on
parcels owned by the Town will include a reduced administrative fee of 60%of the cost of
the weed abatement contractor.
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
COLN.TY OF SAINTA CLARA
Chairperson, Board of Supervisors
ATTEST:
Clerk, Board of Supervisors
Executed by the Town of Los Gatos on
TOWN OF LOS GATOS
Mayor, Town of Los Gatos
Approved as -to form;
Deputy County Counsel
Exhibit A
Attachment A
Revised Amendment
FOURTH AMENDMENT TO THE AGREEMENT BETWEEN SANTA CLARA
COUNTY AND THE TOWN OF LOS GATOS FOR ABATEMENT OF WEEDS
The Agreement for the Abatement of Weeds (Agreement) between the County of Santa Clara
(County) and the Town of Los Gatos (Town) previously entered into on March 6, 1978, as
amended on June 15, 1981, February 15, 1983 and January 14, 1996 is hereby amended to
increase the charge for the County's program costs to administer the Weed Abatement Program.
IT IS AGREED between the parties as follows:
Statement of Costs
Section 5. of the Agreement shall be amended to read as follows:
County shall render to Town an iternized statement or report of the cost of the weed abatement
services performed for the respective parcels of land in the Town on or before the 1 Oth day of
August of each year, which shall include the County's administrative costs of 130 % 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. Charges for services performed on parcels owned by the Town will include a reduced
administrative fee of 65% of the cost of the weed abatement contractor.
2. Duration of Agreement
Section 12. of the Agreement shall be amended to read as follows:
The Agreement became effective on the date of execution and shalt run until the governing body
of the Town or the County shall exercise the right to terminate this Agreement as of the 1st day of
September of any year, by giving notice to the other party not less than 10 days prior to the date
of termination. The increased charge for the County's administnation costs shall be effective
commencing with the Fiscal Year 1999 weed abatement season.
Except as modified herein, all other terms and conditions of the Agreement remain the same.
SANTA CLARA COUNTY TOWN OF LOS GATOS
Leode G. Franldin, Director
Environmental Resources Agency
August 18, 1998
Approved as to four and legality.
James E. Lewis,
Deputy County Counsel
Oate
Exhibit A
Attachment A
Proposed Amendment
FIFTH AMENDMENT TO THE AGREEMENT BETWEEN SANTA CLA'RA COUNTY
AND THE TOWN OF LOS GATOS FOR ABATEMENT OF WEEDS
The Agreement for the Abatement of Weeds (Agreement) between the County of Santa Clara
(County) and the Town of Los Gatos (Town) previously entered into on March 6, 1978, as
amended on June 15, 1981, February 15, 1983, January 14, 1996 and August 18, 1998 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 5. of the Agreement shall be amended to read as follows:
County shall render to Town an itemized statement or report of the cost of the weed abatement
services performed for the respective parcels of land in the Town on or before the 10th day of
August of each year, which shall include the County's administrative costs of 140 %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. Charges for services performed on parcels owned by the
Town will include a reduced administrative fee of 70% of the cost of the weed abatement
contractor.
2. Duration of Agreement
Section 12. of the Agreement shall be amended to read as follows:
The Agreement became effective on the date of execution and shall run until the governing body
of the Town or the County shall exercise the right to terminate this Agreement as of the 1 st day of
September of any year, by giving notice to the other party not less than 10 days prior to the date
of termination. The increased charge for the County's administration costs shall be effective
commencing with the Fiscal Year 2000 weed abatement season.
Except as modified herein, all other terms and conditions of the Agreement remain the same.
SANTA CLARA COUNTY TOWN OF LOS GATOS
Paul D. Romero, Director
Environmental Resources Agency
August 17, 1999 Date
Approved as to form and legality:
James E. Lewis, Deputy County Counsel
Exhibit A