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Staff Report PREPARED BY: MATT MORLEY Director of Parks and Public Works Reviewed by: Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 11/15/2016 ITEM NO: 4 DATE: NOVEMBER 3, 2016 TO: MAYOR AND TOWN COUNCIL FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: HAZARDOUS VEGETATION ABATEMENT (WEEDS) A. ADOPT A RESOLUTION DECLARING WEEDS A PUBLIC NUISANCE AND PROVIDING FOR THEIR ABATEMENT. B. SET JANUARY 17, 2017 AS THE PUBLIC HEARING DATE FOR THIS ANNUAL PROGRAM. C. AUTHORIZE THE TOWN MANAGER TO EXECUTE AN EIGHTH AMENDMENT TO THE AGREEMENT WITH THE COUNTY OF SANTA CLARA FOR THE ABATEMENT OF WEEDS. RECOMMENDATION: 1. Adopt a resolution (Attachment 1) declaring hazardous vegetation (weeds) a public nuisance and providing for their abatement. 2. Set January 17, 2017 as the public hearing date for this annual program. 3. Authorize the Town Manager to execute an eighth amendment to the agreement with the County of Santa Clara (Attachment 2) for the abatement of weeds. BACKGROUND: Hazardous vegetation (weeds) pose a fire threat during the summer months and it is the individual property owner’s responsibility to control them. To eliminate hazardous vegetation (weeds), the Town adopted a Hazardous Vegetation (Weed) Abatement Program (Town Code Chapter 11, Article II). Since 1978, the Town’s Hazardous Vegetation Abatement of Weeds Program has been administered through a contract with Santa Clara County. The County’s Department of Agriculture and Environmental Management (Weed Abatement Division) identifies properties in Los Gatos with hazardous vegetation and/or weeds and notifies the property owners. The property owners are given a specific timeline to remove the vegetation, and if they do not, a PAGE 2 OF 5 SUBJECT: HAZARDOUS VEGETATION ABATEMENT (WEEDS) NOVEMBER 3, 2016 S:\COUNCIL REPORTS\2016\11-15-16\04 Weed Abatement\04 Staff Report FINAL.docx 11/9/2016 11:37 AM SH BACKGROUND (Cont’d): contractor selected by the County removes the vegetation. The cost for the abatement is then passed on to the owner as an assessment on their property tax bill. DISCUSSION: Parcels throughout the Town that represent a potential hazard due to weeds or combustible materials have been added to an abatement program list maintained by the County. The attached resolution represents the first step in the Town of Los Gatos’ Hazardous Vegetation Abatement Program process and declares the vegetation or debris on these properties as being a potential hazard and public nuisance. During the public hearing on January 17, 2017, the Council will be asked to approve the Weed Abatement Program. If approved, the County will be authorized to perform an inspection of properties on the abatement list to determine if the property has met Weed Abatement Program requirements. Property owners will have until April 14, 2017 to abate their properties. The County’s Weed Abatement Program administers services for 13 local agencies under a cost recovery model, paid for by fees imposed on the parcel owners. The estimated program cost related to each agency is based on the number of parcels per agency. In FY 2015/16, the Los Gatos parcels equaled 2.8% of the total parcels serviced in all participating agencies. Based on this percentage, the estimated cost for the FY 2015/16 Weed Abatement Program for Los Gatos was $14,680. The County fully recovered all costs from parcel owners in all agencies in FY 2015/16. The County intends to manage the program as cost recovery. To ensure this continues, the County has increased the inspection fees charged to property owners and will evaluate the level of fees annually. Due to the rising costs to administer the program and because the fees are based on a forecast of the number of inspections and abatements necessary , there is a potential for shortfalls in the future. In light of potential shortfalls, the Eight Amendment to Agreement (Attachment 2) contains additional language which states, “If the amount recovered by the County is inadequate to cover its operational costs, the agency agrees to pay the County for any shortfall for weed abatement in its jurisdiction within sixty (60) days of demand by the County, which will be accompanied by a statement of the County’s weed abatement costs.” Based on the size of the program, Town staff would expect less than $1,000 in annual costs, if any. If those costs materialize, staff would work with the County to adjust the program fees for the following year. PAGE 3 OF 5 SUBJECT: HAZARDOUS VEGETATION ABATEMENT (WEEDS) NOVEMBER 3, 2016 S:\COUNCIL REPORTS\2016\11-15-16\04 Weed Abatement\04 Staff Report FINAL.docx 11/9/2016 11:37 AM SH DISCUSSION (cont’d): A schedule of the upcoming Weed Abatement Program is as follows: November, 2016 The Santa Clara County Department of Agriculture and Environmental Management prepares a list of properties requiring abatement. December 6, 2016 Town Council passes a Resolution (Attachment 1) declaring hazardous vegetation (weeds) a nuisance and sets a public hearing for January 17, 2017. December 7, 2016 The Santa Clara County Department of Agriculture and Environmental Management sends notice to property owners to abate the hazardous vegetation (weeds), and notifies owners of time and place of the January 17, 2017 public hearing. December 7, 2016 Clerk Administrator submits to the Los Gatos Weekly a legal ad for publishing titled, "Notice of January 17, 2017 Public Hearing to Destroy Hazardous Vegetation (Weeds) and Notice of Passage of Resolution” (Attachment 2). (Publish dates: December 9, 2016 and December 16, 2016.) The notices inform property owners that objections to properties on the Abatement List can be made at the January 17 th public hearing. January 17, 2017 Public Hearing - Town Council hears protests and passes resolution allowing or overruling objections and ordering abatement as appropriate and specifying the method for abatement. April 14, 2017 Department of Agriculture and Environmental Management starts to inspect Los Gatos properties. Properties which have not been cleared of hazardous vegetation will be abated by a contractor for the Department of Agriculture and Environmental Management. June 21, 2017 Clerk Administrator submits legal ad for “Notice of August 1, 2017 Public Hearing for Town Council to hear protests to proposed charges.” (Publish dates: July 7, 2017 and July 14, 2017.) August 1, 2017 Town Council public hearing on any proposed hazardous veg etation (weed) abatement charges with Council resolution confirming or modifying assessments. PAGE 4 OF 5 SUBJECT: HAZARDOUS VEGETATION ABATEMENT (WEEDS) NOVEMBER 3, 2016 S:\COUNCIL REPORTS\2016\11-15-16\04 Weed Abatement\04 Staff Report FINAL.docx 11/9/2016 11:37 AM SH DISCUSSION (cont’d): August 2, 2017 Clerk Administrator shall file a confirmed report of parcel charges to the County Office of the Assessor to enter on the County tax roll as a special assessment. CONCLUSION: Staff recommends that the Town Council: 1. Adopt resolution (Attachment 1) declaring hazardous vegetation (weeds) a public nuisance and providing for their abatement. 2. Set January 17, 2017 as the public hearing date for this annual program. 3. Authorize the Town Manager to execute an Eighth Amendment to the Agreement (Attachment 2) with the County of Santa Clara for the abatement of weeds. ALTERNATIVES: This program is run effectively by the County, provides a great service, and is of value to the Town. The total program cost for Los Gatos parcels in FY 2015/16 was $14,680. If the Town chooses not to continue with the County, the County will be relieved of all obligations to perform the services under the agreement. The Town does not currently have the budgeted resources to provide the services required for this program. FISCAL IMPACT: Funds are provided in the FY 2016/17 Operating Budget to cover the cost of publishing all required legal notices. The Town will continue to work with the County to modify the business model and fee schedule. ENVIRONMENTAL ASSESSMENT This is not a project defined under CEQA, and no further action is required. Attachments: 1. Resolution Declaring Hazardous Vegetation (Weeds) a Public Nuisance 2. Eighth Amendment to the Agreement PAGE 5 OF 5 SUBJECT: HAZARDOUS VEGETATION ABATEMENT (WEEDS) NOVEMBER 3, 2016 S:\COUNCIL REPORTS\2016\11-15-16\04 Weed Abatement\04 Staff Report FINAL.docx 11/9/2016 11:37 AM SH Distribution: Amy Brown, Director of Consumer and Environmental Protection Agency, County of Santa Clara, 1553 Berger Drive, San Jose, CA 95112 Moe Kumre, Manager, Consumer and Environmental Protection Agency, County of Santa Clara, 1553 Berger Drive, San Jose, CA 95112 ATTACHMENT 1 RESOLUTION 2016- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DECLARING HAZARDOUS VEGETATION (WEEDS) A PUBLIC NUISANCE AND PROVIDING FOR THEIR ABATEMENT WHEREAS, Section 39501 and Section 39502 of the Government Code of the State of California authorize the Town of Los Gatos to prescribe a procedure for compelling the owner, lessees or occupant of buildings, grounds, or lots to remove hazardous vegetation (weeds) from such buildings or grounds and adjacent sidewalks, and, upon his failure to do so, to remove such hazardous vegetation (weeds) at his expense, making the cost thereof a lien upon such property; and WHEREAS, the Town of Los Gatos, by ordinance, has adopted such a procedure, codified in Chapter 11, Article 2, Sections 11.20.010 through 11.20.045 of the Los Gatos Town Code. NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that the Town Council hereby finds that hazardous vegetation "weeds," as that term is defined in Section 11.20.010, are growing upon and adjacent to private property within the Town of Los Gatos, and declares that all hazardous vegetation (weeds) growing upon any private property or properties, and in any sidewalk street, or alley within the Town of Los Gatos are a public nuisance and should be abated. BE IT FURTHER RESOLVED that unless such nuisance be abated by the destruction or removal of such hazardous vegetation (weeds) within thirty (30) days after the adoption of this resolution, or within the time specified in a written agreement with the Town of Los Gatos Director of Parks and Public Works, or his representative, whichever time shall be later, as provided in Chapter 11, Article 2, of the Los Gatos Town Code, the Town of Los Gatos shall cause such nuisance to be abated, and the expense thereof assessed upon the lots and lands from which, or in the front and rear of which, such hazardous vegetation (weeds) shall have been destroyed or removed, such expense constituting a lien upon such lots or lands until paid, and to be collected upon the next tax roll upon which general municipal taxes are collected. BE IT FURTHER RESOLVED that the Director shall execute a "Notice to Destroy Hazardous Vegetation (Weeds)" in the form set forth in Section 11.20.020(b) and shall cause same to be published and posted in the manner prescribed by Section 11.20.020(c). BE IT FURTHER RESOLVED that on the 17th day of January, 2017, at a meeting of the Town Council beginning at 7:00 p.m. in the Council Chambers of the Civic Center, 110 E. Main Street, Los Gatos, California, a public hearing will be held during which all property owners in the Town of Los Gatos having any objections to the proposed destruction or removal of such hazardous vegetation (weeds) will be heard and given due consideration. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the 15th day of November, 2016 by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA EIGHTH AMENDMENT TO THE AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA 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 May 15, 1981, February 15, 1983, Janualy 14, 1996, August 18, 1998,. September 9, 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 TOWN 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 TOWN the TOWN's governing body expressly declines to accept any fee or cost in said list. In the event TOWN'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 TOWN. If the amount recovered by COTJNTY is inadequate to cover its operational costs, TOWN 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 10th day of August of each year, COUNTY shall render to TOWN 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 TOWN. 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. 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. COUNTY OF SANTA CLARA TOWN OF LOS GATOS Amy Brown, Director Consumer and Environmental Protection Agency Laurel Prevetti, Town Manager Date Date Approved as to form and legality: Michael L. Rossi Town Attorney Lead Deputy County Counsel Sylvia Gallegos Deputy County Executive t'+.FRIG DBPARA ENT AGR LL 01 3 ORD SEVENTH AMENDMENT TO THE AGREEMENT BETW LA— THE COUNTY OF SANTA CLARA AND THE TOWN OF LOS OS ---- 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 May 15, 1981, Februaty 15, 1983, Jatutaiy 14,1996, August 18, 1998, September 9, 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: l . Statement of Casts Section 6 of the Agreement shall be amended to read as follows: In December_ of each calendar year, County shall deliver to Town a list of all .reasonable and necesst!'0@r ltlt proved and adopted by County's Board of Supervisorsfor 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 Town the Town's governing body expressly declines to accept any fee or cost in said list. In the event Town'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 Town. Thereafter, on or before the 10th day of August of each year, County .shall render to Town an itemized statement or report of the reasonable and necessary fees and cost ofthe administrative, enforcement, and abatement services performed for the respective parcels of land in the Town. 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. Charges for services performed on parcels owned by the Town will include a reduced administrative fee of 75% ofthe cost of the weed abatement contractor. I/ // I/ 1/ // 1/ 1/ 2. Except as modified herein, all other terms and conditions of the Agreement remain the same. COUNTY i ' , �:c� ARA TOWN OF LOS GATOS Levin O'Day, Dire Department of Agriculture and Environmental Management -// Date Approved as to form arid legality: l,r // Mark Bernal Deputy County Counsel Sylviallegs Depii aunt Executi e `7CJN /GtE�t2, GarltG, t JFt25x�N . Date Approved as to form: L30S Agenda Date :March 2, 2010 County of Santa Clara Board of Supervisors Supervisorial District One Supervisor Donald F. Gage DATT TO: FROM: ardh, = i 10 Board -of Supervisors a1, I gell,-/ Donald F. Gage Supervisor, District 1 SUBJECT: Housing, Land Use, Environment and Transportation report RECOMMFNDE:D ACTION Accept report on the Feb. 18 meeting of the Housing, L22nd Use, Environment and Transportation Committee. (Gage) Possible action: a. Provide comment on the concepts and conclusions to date regarding "Rebuild/.Remodel" defuritions of Section C1 -10.1 of the County Ordinance Code and direct staff to continue discussions with the working group and return to I:ILUET with final recommendations. (HLUET Item No. 10) b. Adopt Resolution delegating authority to the Director of Agriculture and Environmental Management to negotiate, enter, execute, amend, terminate and take any and all necessary or advisable actions relating to the following (Roll Call Vote) (HLETET Item No. 13): 1. Agreements for the abatement of weeds with local jurisdictions, following Board of Supervisors: Donald F. Gage, George Shirakawa, Rave Cortese, Ken Ycagci; Liz Kniss County Executive: Jeffrey V. Smith F30S Agenda 1)ate :March 2, 2010 approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on June 30, 2015; and 2. Existing Agreements for abatement of weeds between the County and H&N Enterprises and Imhof Tractor Service in an amount not to exceed $750,000 annually, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on December 31, 2012; and, 3. Agreenneiit(Q) for the abatement of weeds with any contractor in an amount not to exceed $2,250,000 for all agreements, following approval by County Counsel as to form and legality and approval by the Office of the County Executive. Delegation of authority shall expire on June 30, 2015 a. Accept items 5 -9, 11, 12, 14 -17 as information only. REASONS FOR RECOMMENDATION The Housing, Land Use, Environment and Transportation Committee accepted a number of reports, including one from the Department of Planning and Development on the definitions of"rebuild" and "'remodel" in the county Ordinance Code. The Committee asked for more information and recommended that staff try to keep any changes as simple as possible. More information is scheduled to come back to HLUET on March 18. The Committee also forwarded to the Board recommendations from the Department of Agriculture and Environmental Management regarding agreements in the Weed Abatement Program. HLUET also received information from the Department of Planning and Development regarding an ordinance for water conservation in landscaping. The department will bring the item back separately to the Board at a later date. There was a status report on a draft special events ordinance. Meetings with stakeholders are still ongoing. ATTACHMENTS • Item 10 transmittal Board of Supervisors: Donald F. Gage, George Shirakawa, Dave Cortese, Ken Yeager, Liz Kniss 2 County Executive: Jeffrey V. Smith BOS Age►rda Date :March 2, 2010 • item 13 transmittal • item 13 Resolution delegating authority Roard of Supervisors: Donald P. Gage, Cico►ge Shiralowa, Dave Cortese Kca► Yeager, Liz Kniss 3 County Executive: Ieitey V. Smith Committee Agenda Date :February 18, 2010 County of Santa Clara Department of Agriculture and Environmental Management Division of Weed Abatement AEMO1 021810 Prepared by: Moe Kumte Weed Abatement Program Coordinator DA'1'E: February 18, 2010 TO: Supervisor Donald F. Gage, Chairperson Supervisor Liz Kniss, Vice Chair Housing, Land Use, Environment, & Transportation Committee (HLUET) FROM: 1.7e.;,4144._ Kevin O'Day Acting Director of Agriculture & Environmental Management SUBJECT: Delegation of Authority for Agreements in the Department of Agriculture and Environmental Management's Weed Abatement Program Relating to the Abatement of Weeds RECOMMENDED ACTION Consider recommendations from the Department of Agriculture and Environmental Management regarding agreements in the Weed Abatement Program relating to the abatement of weeds. Possible future action by the Board of Supervisors: Adopt Resolution, delegating authority to the Director of Agriculture and Environmental Board of Supervisors: Donald F_ Gage, George Shitakawa, Dave Cortese, Ken Yeager, Liz Kitiss County Executive: Jeffrey V. Smith Committee Agenda Date :February 18, 7010 Management to negotiate, enter, execute, amend, terminate, and take any and all necessary or advisable actions relating to the following (Roll CA11 Vote): a. Agreements for the abatement of weeds with local jurisdictions, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on June 30, 2015; and, b. Existing Agreements for abatement of weeds between the County and lI&N Enterprises and Imhof Tractor Service in an amount not to exceed $750,000 annually, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on December 31, 2012; and, c. Agreement(s) for the abatement of weeds with any contractor in an amount not to exceed $2,250,000 for all agreements, following approval by County Counsel as to form and legality and approval by the Office of the County Executive. Delegation of authority shall expire on June 30, 2015. FISCAL IMPLICATIONS There is no impact to the General Fund as a result of this action. Fees recovered for abatement services within the eleven local jurisdictions (Cities of Campbell, Cupertino, Milpitas, Monte Sereno, Morgan Hill, Palo Alto, San Jose, Santa Clara and Saratoga; Town of Los Gatos; and the Los Altos Hills Fire Protection District) include the actual cost for contracted work, plus an administrative fee. The administrative fee provides for inspections, complaint investigation and contract administration. The administrative fee is based on a percentage of the contractors' abatement costs. CONTRACT HfSTDRY In the Weed Abatement Program, eleven municipalities currently contract with the County for the abatement of weeds, brush and combustible debris. These contracts continue until terminated by either party. On March 1, 2007, the County entered into agreements for weed, brush and debris abatement services with H&N Enterprises and Imhof Tractor Service, Inc. These agreements allow for two one-year extensions at the discretion of the County. Each one-year extension is to be on the same terms and conditions as the original agreement, with a possible exception under compensation. If the agreement is renewed, the Contractor shall be entitled to a specified price increase that shall not exceed 10% per renewal year. Board of Supervisors: Donald F. Gage, George Shirakawa, Dave Cortese, Ken Yeager, Liz Kniss County Executive: Jeffrey V. Smith Committee Agenda Dale J'ebrusiy 12, 2010 REASONS F_R. RECOMMENDATION The current delegation of authority is scheduled to expire June 30, 2010. Current agreements with the eleven jurisdictions have, on occasion, required modifications to accommodate administrative fee adjustments, abatement of properties late in the fire season, etc. In the future, additional jurisdictions may wish to enter into agreements with the County for the abatement of weeds. Approving the delegation of authority to the Director of Agriculture and :Environmental Management to negotiate, execute and amend agreements for weed abatement services between the County and local jurisdictions, and any qualified contractors, will maintain the existing partnerships, allow for future partnerships, and provide for timely weed and brush abatement services in order to reduce fire hazards. RACKGROUND Beginning in 1975, and each year thereafter, the Board of Supervisors has authorized the Weed Abatement Program to take action to mitigate the threat of fire loss. Reduction of fire risk has been performed by licensed contractors removing biomass fuel, combustible debris and weeds on the unincorporated lands and within jurisdictions participating in the County program.. The cities of Campbell, Cupertino, Milpitas, Monte Sereno, Morgan Hill, Palo Alto, San Jose, Santa Clara, Saratoga; the Town of Los Gatos; and the Los Altos Hills Fire Protection District currently contract with the County for weed abatement services. �VUL+1`t��l�i'Si)t 1V1tAi,iA11V11 The Director of Agriculture and Environmental Management would not be given authority to negotiate, enter, execute, amend, terminate, and take any and all necessary or advisable actions relating to agreements for the abatement of weeds. AT'[ACHM <'NTS e Resolution Delegating Authority Board of Supetvisors: Donald F. Gag; Gen ge Sltitakawa, Dave Cortese, Ken Yeager, Liz Kiiiss County Executive: Jeffrey V. Smith RESOLUTION NO. drit" RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SANTA CLARA DELEGATING AUTHORITY TO THE DIRECTOR OF AGRICULTURE AND ENVIRONMENTAL MANAGEMENT TO NEGOTIATE, EXECUTE AND AMEND CERTAIN CONTRACTS RELATING TO THE ABATEMENT OF WEEDS WHEREAS, contracts and memoranda of understanding to which the County of Santa Clara is a Party must be approved by the Board of Supervisors, unless they fall within the contracting authority of the County Director of Procurement, or the authority to enter into the contract on behalf of the County has been delegated by the Board of Supervisors;•and WHEREAS, agreements for the abatement of weeds between the County of Santa Clara and eleven (1 I) local jurisdictions listed in Exhibit A, attached hereto and incorporated herein, have been executed and in place for multipleyears, and continue in place until terminated; and it may be necessary to amend or revise in full these agreements for administrative fee adjustments and update of procedures; and WHEREAS, additional jurisdictions may wish to enter into agreements with the County for abatement of weeds; and WHEREAS, the County arranges for the abatement of the weeds through a contract that must be approved by the Board of Supervisors; and WHEREAS, the County entered into Agreements for Weed, Brush, and Debris Abatement services with H&N Enterprises and Imhof Tractor Service Inc, on March 1, 2007 for a period of three years; and WHEREAS, said agreements allow for two one-year extensions beyond the original three-year agreement period at the sole option of the County, if service has been satisfactory; and WHEREAS, each one-year extension is to be on the same terms and conditions as the original agreement except for the cost of services, which will be increased for each renewal year up to a maximum of 10%, upon the request of the contractor, provided that the increase corresponds to any increase in the San Francisco -Oakland unrevised index for All Urban Consumers covering the preceding twelve month period ending with the month of June; and WHEREAS, the County wishes to delegate authority to the Director of Agriculture an Environmental Management to execute and/or amend Weed Abatement agreements with the local jurisdictions within the County; to delegate authority to execute amendments to the existing Agreement for Weed, Brush and Debris Abatement Services with. H&N Enterprises and Imhof Tractor Services; and to negotiate, enter into, and amend any new agreements with qualified contractors for a period not to exceed three years and an amount not to exceed $2,250,000; and /1 Page 1 of Resolution Delegating Authority for Weed Abatement WAR 422Q10 NOW, THEREFORE, BE IT RESOLVED, by the Hoard of Supervisors of the County of Santa Clara: 1/ 11 I/ 1/ /1 11 1/ 11 // 11 11 1/ 11 1. The Director of Agriculture and Environnnental Management is hereby authorized on behalf of the County of Santa Clara to negotiate, enter, execute, amend, terminate, and take any and all necessary or advisable actions relating to agreement(s) for the abatement of weeds with local jurisdictions, following County Counsel's approval as to form and legality and approval by the Office of the County Executive. This delegation of authority shall expire on June 30, 2015. 2. The Director of Agriculture and. Environmental Management is hereby authorized on behalf of the County of Santa Clara to negotiate, execute, enter, amend, terminate, and take any and all necessary or advisable actions relating to an existing agreement for abatement of weeds between the County and Id&N Enterprises and Imhof Tractor Service in an amount not to exceed $750,000, annually, following approval by County Counsel as to form and legality and approval by the Office of the County Executive. This delegation of authority shall expire on December 31, 2012. Page 2 of 3 Resolution Delegating Authority for ., 4 f'j Weed ]Abatement O O ,! Sa A'siT7 3. The Director of Agriculture and Environmental Management is hereby authorized on behalf of the County of Santa Clara to negotiate, enter, execute, amend, terminate, and take any and all necessary or advisable actions relating to agreement(s) for the abatement of weeds with any contractor in an amount not to exceed $2,250,000 forrall agreements, following approval by County Counsel as to form and legality and approval by the Office of the County Executive. This delegation of authority shall expire on June 30, 2015. • PASSED AND ADOPTED by the Board of Supervisors of the County of Santa Clara, State of California, on MAR 0 2 2010 , by the following vote: AYES: NOES: ABSENT: Supervisors CORTESE, GAGE, KNISS, MIRA/CAWA;YnAOER Supervisors NONE Supervisors NONE Ken YLar, Presi ent Board of Supervisors Signed and certified that a copy of this document has been delivered by electronic or other means to the President, Board of Supervisors TTEST: Maria Marinos Clerk of the Board -of Supervisors APP !f 'VED S T,'a FORM AND LEGALITY: 0{ (a.ti f .t02• tc� El bth G. Pianca Deputy County Counsel Resolution Delegating Authority for Weed Abatement Page 3 of 3 SIXTH AMENDMENT TO THE AGREEMENT BETWEEN SANTA CLARWVOUNTY AND THE TOWN OF LOS GATOS FOR ABATEMENT OF WEttQa, The Agreement for the Abatement of Weeds (Agreement) between the County of Sklitira - (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 September 9, 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. 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 W.T. Chow, Director Environmental rresources Agency January 12, 2001 DaLe Approved to form ancl legality: `1 O. .LJvv v\ , Kathy Kre chmer, Deputy County Counsel Steven Blanton, Mayor Date ATTEST: MARIAN V. COSGROVE, TOWN CLERK TO%VN of LOS GATOS OFFICE OF THE TOWN CLERK Phone: (408) 354-6834 • FAX (408) 354-8431 E-Mail LG Town_Clerk@Vval.cola September 10, 1999 Judy Saunders Sr. Deputy Fire marshal Santa Clara County Fire Department 70 West Hedding Street, 7th Floor San Jose, Ca 95110-1705 RE: HAZARDOUS VEGETATION MANAGEMENT PROGRAM FEES OUR: AGR:99.166 Dear Ms. Saunders: Enclosed is the original agreement regarding the above mentioned subject. The agreement was authorized by Town Resolution 1999-131 and has been fully executed by the Town. We would appreciate having a copy of the agreement when it has been signed by the County. If you have any questions, please do not hesitate to contact me at (408)354-6834. Sincerely MarLyn if. asmussen, CMG Executive Assistant MTR:slc Enc cc: Scott Baker CIVIC CENTER • 110 EAST MVIAIN STREET • P.O. BOX 949 • LOS GATOS, CALIFORNIA 95031 RESOLUTION 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 TIIE 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: MAY OF THE `TWIN OF Lt1S GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF S GATOS LOS GATOS, CALIFORNIA j Atitithm ent A - Proposed 5Amen.d_mept. 11-f FIFTH 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, January 14, 1996 and August 18, 1908 is hereby amended to increase the charge for the County's program costs to administer the Hazardous Vegetation Management Program. IT 1S 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 tho 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 Prdgram. 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 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 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. SANTA1CLARA COUN]Y Paul D. Romero, Director Environmental Resources Agency August 17, 19991 Approvel��tr-form and legality: Jaynes )uty County Counsel N OF OS GATO Date APPROVE!. ,- t5 TO FORM: ATTEST t //I-7 MA'tIL Pl ,'z! Cu GROVE, TOWN CLERK ORRY I , TOWNiA1‘ OIRNEY August 22, 2000 trai TOWN of LOS GATOS OFFICE OF TILE TOWN CLERK Phone: (408) 354-6834 p FAX: (408) 354-8431 E-Mail: cierk@town.Ioa-gatos.ca.us Judy Saunders, Senior Deputy Fire Marshal County of Santa Clara Environmental Resources Agency 70 West Redding Street, 7`h Floor, East Wing San Jose, CA 95110-1705 RE: AGREEMENT FOR ABATEMENT OF WEEDS OUR: AGR:OO.124 Dear Ms. Saunders: The Los Gatos Town Council adopted Resolution 2000-97 at their meeting of August 7, 2000 and authorized signature of the enclosed agreement. Please be kind enough to have Paul D. Romero, Acting Director Environmental Resources Agency, sign the enclosed document, and return to this Office for Mayor BIanton's signature. When the agreement has been signed by the Town, I will forward a certified copy for your records. The original will remain on file in the Town Clerk's Office and can be referenced by our AGR:00.124. If you have any questions, or if you require any additional information, please do not hesitate to contact me at 408-354-6834. Sincerely MarLyn J. ussen, CMC Executive Assistant/Senior Deputy Clerk MJR:sic Enc. cc: Larry Perlin, Director of Parks & Public Works. CIVIC CENTER 110 EAST MAIN STREET a P.O. BOX 949 a LOS GATOS, CALWORNIA 95031 (Jf FiC t)�FF "i�1 OWN CLERF& AUR=ar ORllD Revised A RESOT_ 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: 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 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 shall 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 administration 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 Leode G. Franklin, Director Environmental Resources Agency August 18, 1998 Approv d a term and legality: Jame Lewis, Deputy • ounty Counsel TO OF LO GATOS Date APPRQVEO AS TO FORK(' ORRY ,OR13, TOWN ATTORNEY ATT ST: r� -?' al.,1/1`--Jt,l.bL1LK�Ju ✓Cj,t MARt.AN/y>)COSOROV{ , TO!!)N CLE THIRD AMENDMENT TO AGREEMENT BETWEEN COUNTY OF SANTA CLARA AND THE TOWN OF LOS GATOS FOR ABATEMENT OF WEEDS TOWN K ACf: IHH: 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 15,1981, and on February 15,1983, is hereby amended to increase the charge for the County's program costs in administering the weed abatement program. TT IS AGREED between the parties as follows: 1. Statement of costs. Section 5 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 JAN f 4 199b COU TY OF SANTA CLARA airperson, ..ard of Supervisors JAMES T. BEALL, JR. ATTEST: Clerk, Board of Su rvisors PHYLLIS A. PERE Executed by the Town of Los Gatos on TOWN OF LOS GATOS ATTEST: MAR Ni S ROVE, TOWN CLER PR 1VEO AS Ti FOR Approved as to form: CAS NDERSON TOWN ATTORNEY ayor, Town of rj atos SECOND AMENDMENT TO AGREEMENT BETWEEN COUNTY OF SANTA CLARA AND TOWN OFeLOS-GATOS FOR ABATEMENT 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 15, 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 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 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 adminietering 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 Supervicoru. -1- 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 Y J 1 ATTEST: Clerk Board ci,f Suvssors COUNTY OP SANTA CLARA Chairperson, Board of Supervisors R4bo ca Q. Morgan DONAILD M. RAINS iNIMMENNWO Executed by the Town of Los Gatos on January 3, 1983 TOWN OF LOS GATOS Town Manager Town of Ids Gatos Approved as to form Robert J. Deputy County Counsel ATTEST: Cie of the Town of Lo atos RJM:mw 0947L 1978- Ai'TJEUZING AGREEMENT WITH C,.7.7UNTY OP SANTA CLARA RESOLVED, by the Town Council of the Town of Los Gatos, County of &Alta Clara, State of California, that the TOWN OF LOS GATOS enter inro that agreement entitled "Agreement for the Abatement cf Weeds by the County of Santa Clara for the Town of "ih the COUNTY OF SANTA CLARA, a copy of which is attached hereto, and hat the Mayor is authorized and he is hereby directed to execute said .teement in che name and in behalf of the TOWN OP LOS GATOS PAssru AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the 6th day of February !Tie, by the following vote AYES: COUNCIL MEMBERS Ruth Cannon, Mark B. DiDuca, Mardi Gualtieri, John B. Lochner and Albert B. Snip) NOES:: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS None ATTEST: • Jr, CLERK 07 THE/TOWN OF LOS GATOS .• "MAYOR OF TOWN 6F LOS GATOS I AGREEMENT FOR THE ABATEMENT OF WEEDS BY THE COUNTY OF SANTA CLARA FOR THE TOWN OF LOS GATCS The following is an Agreement between COUNTY OF SANTA CLARA, State of California (hereinafter called "County") and DOWN CF LOS 3ATOS, Santa Clara County, California (hereinafter called "Town"), both of whom 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.; and 'Il-IEREAS, Town has home rule authority to adopt ordinances fot public health, safety and welfare, including weed abatement procedures; and WHEREAS, Town has exercised this power by adoption of Article II of Section 14 of the Town Code for the abatement of weeds; 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 reso- lution 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 abateme:11: within their corporate limits; and WHEREAS, County is desirous of contracting wIth Town for the Count: Fire Marshal to perfcm the actual services of abatement of Weeds; •Tznd WHEREAS, County is agreeable to rendering such serviCes and Town is agreeable to have such services rendered under the terms and conditio3 hereinafter set forth for the reason of efficiency and mutual benefit 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 abatement of weeds by Town and County. This Agreement shall provide for the per- formance by County of functions relating to weed abatement in territory within the Town at the same time that County is working in the Urban Service Area of Town. The functions to be performed by County for Tovn shall be hereinafter set forth. 2. Joint Cooperation. County shall prepare Assessor's parcel maps 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 abatement and cause such notice to be mailed to the owners of the parcels requiring weed abatement. 4. County Responsibilities. The Fire Marshal shall remove the weeds on the designated properties, where the need for weed abatement still exists because owners have failed to so remove said weeds. 5. Statement of Costs. The Fire Marshal shall render to the 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 lsth day of July of each year, which shall 'include the County's adminis- trative cost f 25%, of the cost for Town parcels of weed abatement services of the weed abatement 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, and vertification by signature of the County Fire Marshal. 6. inclusion of Assessment on County Tax Bill. The Council of Town, after hearing, shall rep ::ire the County Tax Collector to include -2- the costs of the weed abatement service performed for Town 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 properties. 7. Time and Manner of Collection. The amounts of the 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 deliquency as provided for ordinary County taxes. 8. Remittance of Costs. The cost of weed abatement shall he advanced by County and reimbursed to County as and when collected by County Tax Collector. 9. Liability. Town shall assume no liability for the paymentof salary, wages, or other compensation to officers, agents, employees or contractors of County performing service hereunder. Town 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 dangers or defective conditions of public property of the Town. The contractor hired by the County shall hold the Town harmless from any liabilities incurred during the course of the weed abatement work, in a form approved by the Town. 10. Records. Each officer or department of County performing any service pursuant to this Agreement shall keep itemized and detailed work or job records covering the cost of all services performed. 11. Independent Contractors. It is agreed that this Agreemeht is by and between independent contractors, and it is not intended nor -3- t Shan. it be construed to create the relationship of agent, servant, employee, partnership, joint venture or association between County and Town. 12. Duration of Agreement. This Agreement shall become effective on date of execution and shall run until the governing body of Town or County shall exercise the right to terminate this 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 Agreement as of MAR 6 1978 , 1978. ATTEMONALDm.RmyscleriARA d of er •ors Cwiest, ATTEST: JO JAMES, Clerk Town of Los Gatos APPROVED AS TO FORM: is/ Allan R. Sale ALLAN R. SAXE Deputy County Counsel airman, Board of Supervisors TOWN OF LOS GATOS 'Mayo Town of LosatoGatos AS TO FORM: L/ 4) PRE 0 .4I L Town Attorney -4-