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, 19.83, 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 Pirzynslci,
Mayor Steven Blanton.
NAYS: None
ABSENT: None
ABSTAIN.: None
.SIGNED:
MAY OF THE WN OF L GATOS
LOS GATOS, CALIFORNIA
ATTEST:
`.~'~
a~~J
CLERK OF THE TOWN OF S GATOS
LOS GATOS, CALIFORNIA
~~K; vo, iz~-
SIXTH 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 Ciara
(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
administerthe Hazardous Vegetation Management Program.
IT JS AGREED between the parties as follows:
Statement of Costs
Section 6. of the .Agreement shall be amended to read as follows:
County shall renderto 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 1.50% 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 seniices 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 he 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
al A t al Ac uals
Los Gatos
Parcels on Program 365 397 237
Parcels .Abated:
State Board of Equalization (SBE) 2 2 5
Private (Residential & Commercial)
Total 4 8 - 45 3 0
Average Cost Per Parcel Abated (incl Program Fee) ,
State Board of Equalization (SBE) $ 224.40 $ 701 .80 $ 7'89.73
.Private (Residential & Commercial) $ 2T0.41 $ 309.61 $ 373.40
7/12/00
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ATTACHMENT C
PROPOSED AMENDMENT'TO AGREEMENT
~ AGcZ~.
' _NT FOR THE Ac~ATEMENT OF WEED BY THE
• C•C:.'N:
! OF SANTA CLARA FCR THE TOWN CF LCS GATCC
The following is an Agreement between CC(1NTY CF SANTA CLAe2A,
State of California (hereinafter called "County") aad TCWN CF
:CS CATCS, Santa Clara County, California (hereinafter called ^':Cwr,";,
bo h of ,~^cm understand and agree as follows:
WHEREAS, Town has the power to conduct weed abatement under
Government Cade of the State of California Section 39500, et seq.; a~,::
WHEREAS, Town has home rule authority co adopt ordinances fcr
,public health, safety .and welfare, including weed abatement procedu^es;
.and •
'~I-IEFcE.~S, ':oa~n has exercised ch'_s pocaer by adoption of Article r~
of Secticn 14 of the _own Coda `cr the abatement of weeds; a^d ~
J~?.B.EAS, County, under provis:cns of the Health and Sa:ecy Cure
of t^.e State of California and urd:r its ordinances has ~ the pcwer -~
enforce the abacament oz hazardous weeds; and
',v"riE~AS, ,,~e 3card of Superviscrs of Santa Clara Gouncy, by :•e_c-
luticn has exercised the pcwer yr3^ted to County pursuant to the ;-ea _-:
and Sa:et~ Ccde of the State of Cali..`ornia, commencing at Section
14875; and
'4v"riE~.;p,S, the parties hereto ha a the power to enfor_e weed ara ~-~•:~:
within their corporate limits; and
~~IHEREAS, County is desirous of contracting with Town for the G~~~~•:••
F:re Marshal co .perform the actual services of abatement of weeds; a~^c
•
'~/HE~AS, County is agreeable to rendering such services and To~~,^
is a?reeab_e to have such services rendered under t;-e teams and aon~ic:
he_einafter sat Porch for Che reason cf ef`iciency and ,~utual ber.ef:- .;:
.both parties;
-1-
Attachment 3
.~ ~ ~.
NCW, THEEFORE, it is herEby agreed as follows:
1. Purpose of Agreement. The purpose of this Agreement is to
p^omore the efficiency :and economy of operations in the abatement cf
weeds by Town and County. .his agreement shall provide for th,e pe*-
for~arce by C~urtty of f•.:nctions relating to weed abatement in terri-~r;,
wic:;in the Town at the same tine that County is working in th;e clr ban
Service Area of Tcwn. The func.:ions to be performed by County for '~,,.
shall be hereinafter set forth..
2. .loins Cooperaticn. County shall prepare Assessor's parcel ~_-.
and the list of parcels requir:.^.g abatement of weeds in t;~;e Town a^d
transmit it to Toc~n far staff review and approval for processing.
3. "notice. Cou.'~.y sha_1 prepare the notice of weed abatement n^
cause such .notice to be mailed :o the cwr.ers of the parcels requir=^-
weed abatement.
4. County Reso~nsi5 sties. she sire Marshal shall remove _-.e
weeds on the desi~^a-e~' pror~r-:es. where the need for weed a'baceme~._
st_1 exists bec=~~~= ol.~^.er~ F.a~.~. :ailed to so .remove said weeds .
5 . StateTent of Costs . i'`-,e ~ ire Marshal shall render to the ~.; ~..~
an ic_mizad statement or repor= ~f t!~.e cost of the weed abatement see'-::= .
performed for the respective pa^ceLs of land in the Town on or before ': _
.15th day of July cf ea~:h ,~,, , '' ..h shallinclude the County's adm=^.i~-
^ ~r°': ^f .,^ ~ ~^~ Town parcels of weed abatement
Native cost ~ t... ~_ _ _ ..,.
services of the weed ay~~temEnt contractor for the respective parcel .
The scateme.-~t shall include the description of the lots and parcels o
land for which ~..~etd a~.atement _~r~.~ces were performed, and vercificuc: ~;.
~~/ si;natur~ of the County :Fire :~arshal.
6. Inclusiar, ~ ~,~; ~~'T~-•• ~n County Tax 9111. The Council of
Tcwn, after hear:.-' - , ~'~,.':11 :•: • _:: the County Tax Collector to inc ~ u~a
-2-
the costs of t:`-e weed abatement service performed for Tcwn for the
current year, as a specia assessment on bills for taxes levied a,ai:~,c•:
the respective lots and parcels of land. Such special assessments
shall be 1i e.^.s on the resFecti~~e properties.
7. .i.-e a.^.d M.an^sr cf Collection. The amounts of the assess-E.,f:_
shal~ be collected ac the. same time and in the same manner as Cou^,~
taxes are collected, and are su5ject to the same penalties and t!^e s.-~
procedure and sale in case of deliquency as provided far ordinary
County taxes.
8. Remittance of Costs.. :!^e cost of weed abatement shall to
advanced by County and reimbursad to County as and when collected ~y
-,
C;,unry Tax Go 1lector . '
9. Liability. :own shal'_ assume no liability for c'~e payment :,c
salary, wages, or ot'~er corrper.sation to officers, agents, emplcyees :.
co;,tractors of County perfo:mi-.~ service hereunder.
Town shall not ba liable :cr compensation or i.^~demnty to Cc.::;_~,
o::cers or employees, or to t;-irc+ persons, for inju ry or sick^ess
ar:siny out of the c~iz°d abat2menc operations under this Asree.~en~,
excl::dirg any damages or injury arising out of any dancers or de~c~: •.
conditions of public property of the Town..
The contractor hired by tie County shall hold the Town ~arm_ass
from any liabilities incurred during the course of the weed aba~emen~
work, in a form approved by the Town.
1C. P.ecords. 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 ar.d between indepe de t cost:actors, and it is .not intendad nor
-~-
r,
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. Duration of Agreement. ':his Agreement shall become e.`fecti~.~_
on date of .execution and shall r;:n until the governing body of TC.w-. ; ~•
County shall exercise the right to terminate this Agreement as of -.:
first day of .September of any year, by giving notice to the other ra;~_-~
not less than ten (1:0) days prior to the date of termination.
ICY WITNcSS WHE~.ECF, the parties hereto have executed this Ay_oe,,,.-
as of MAR 6 179
1~~~.
A.:,ST: CNALD K. IZAIlVS, Clerk CCL':;"'~ ^^ '~;';A CLA~2A
d of erg ors
C.Ka, ~,~,.,~
~.,,airrnan, 3oar;.+ or Supervisors
AT~~ST: ,IO JAMES, Clerk
Town of Los Gatos
~ ;/
TOWN CF,~LOS GATCS
town. or cos tacos
A P.° ~OVcD AS T O FORM:
/s/ ~11an Z. Sate
ar+ra,r R, s~
.^eputy County Counsel
AP:=R AS TO POP.~`~:
V
P R: 0 L
Town Attorney
-4.
• ~ ( .TWEE~1 COL'tiTY Of SANTA C~ .ZA
AND THE TOWV' OE t05 GATOS
FAR ABATE~tE~T OF BRUSH
The agreement,prevously 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 pros3ram costs in adnutusterng the weed abatement program.
IT LS ~-GREED between the parties as fiollows:
1. Statement of cones. Section 6 {c) of the agreement for abatement of weeds shall be
amended to read as follows:
An i enuzed statement of the costs involved in performing such abatement: The
County may include a program cost of not more than 124ao foc it's.services 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 adaunistration cc+sts shall be effective
commencing with the :1997 weed abatement season.
Executed by the County of Santa Clara on
COC.-ti~T~r OF sA~~'A CtARA
Chairperson, Board of Supervisors
:ATTEST:
Clerk, Board of Supervisors
Executed by the Town of Los Gatos on
TOW~t OF t05 GATOS
titayor, Town of Los Gatos
Approved as to fora:
Deputy County Course!
,~
Attachment 4
SECOND AMENDMENT TO AGREII'~ENT
BETWEEN COUNTY OF SANTA CLARA
AND T'0 WN Of' LAS G ATO S FO R
ABAT E."~NT OF WEEDS
^tie agreement previously entered into an .March 6, 1978 betwean
the County of Santa Clara (County) and the '"own of Lcs Gatos
;'own) , as amended on June 15, 1981, is hereby ame.^.ded to increase
t:~e c'.;arge for Caunty's costs in administering the weed abatemenc
program and to provide f^r administration of the program by any
County official designated by the County Hoard of Supervisors..
IT IS AGREED between the parties as follows:
1. Statement of Costs. Section 5 of the agreement for abate-
me^t 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 abatemenc 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.s-
tlve cost of 65$ of the cost of the weed abateme t contractor for
the respective parcels for which services were performed. :'",e
statement shall include the description of the lots and parcels o`
land for which services were performed, and verification by signa-
ture of the County official administering the weed abatement
program. ,
2. County Administration. Sec*_ion 14 is added to the agree-
went 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 Hoard of Supervisors.
-1-
f _. .
3. Effective Date.
date of execution by
'*his agreement shall be effective on the
tha parties. The increased charge far
Coun~y's administrative costs shall be elective commencing wig:^,
the 1983 weed abatement season.
Executed by tha Coun y of Santa Clara on FE8 1 S ~~
COUNTY OF SANTA CLARA
~,
G'''iarperson, 3oard of Supervisors
A'~:'ES:': Clerk
eo a rd ~ Sup v ~ s o ns Aeeeea D . MlOfprl
,,
~Rt~ •.
.~
p,pNAL,D N. 'RAtNs
Executed by the Town of Lcs Gatos on Jant.~ary 3, 198 3
:'OWN ~F LAS GATOS
-+~-
Tcwn ~t3.nager, Town of LAS Gatos
Approved as to form
i r-^~
Robert J. ;tenfe'b
Deputy County Counsel
AT':EST.
i '7 ~~ °
C.et!c,o t:-:e Town o Lo~• atos
R7M:mw
094 7L
-2-
~~ LRD :~.~tE~+'DME~+T TO ~GRE~"~ .T
~ ~T4vEEN COC, ~VTY OF SANTA ~ 12A
A,W THE TOw~1 OF LOS GATOS
FOR ABATE~-tE~1T Of WEEDS
The agreesrtent 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 1~, 1983, is hereby amended to increase the charge Eor the County's pcogram costs
in admirusterng the weed abatement program.
[T IS AGREED between .the parties as Follows:.
1. S2atementof costs. Section ~ of the ag Bement for abatement of welds shall be
amended to read as follows.
County shall render to Town an itemized statement oc 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 adnvnistrative costs of
1?0°'0 of the cost of the weed. abatement contractor for the respective parcels foc 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 60'0 of the cost of
the weed abatement contractor. ~ ~~
~. Effective Date. This agreement shall be effective on the date of execution by the
parties. The increased charge for County's admirustration~costs shall be effective
commencing with the 1997 weed abatement season.
Executed by the County of Santa Clara on
COL~TY O'F Sr1~~T~- CLAIZA
Chairperson, Board of Supervisors
ATTEST:
Clerk, Board of Supervisors
:Executed by the Town of Los Gatos on
TOW~1 OF L05 GATOS
Mayor, Town of Los Gatos '
Approved as-to form;
Deputy County Counsel
Exhibit ~-
Attachment A
Revised Amendment
FOURTIi AMENDMENT TO THE AGREEMENT BETWEEN SANTA CLARA
COUNTY ANO THE TOWN OF t08 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 8, 1978, as
amended on June 15, 1981, February 1S, 1983 and January 14, 1998 is'hereby amended to
increase the .charge for the County's prognsm 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 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 casts of 130 9'v of the cost of
the weed abatement contractor for the .respective parcels for which services were performed. The
statement shall include the dexription of the lots and parcels of eland for which. services were
performed, and verification by signaiure 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 executionand shalt run until'the governing body
of'the Town or the County shall exercise the right to terminate Chia Agreement as of the 1st day of
September of any year, by giving notice to the other party not less than 10 days poor to the date
of termination. The increased charge for the County's administration cost, 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
Date
.Approved as to form and legality:
James E. Lewin,
Deputy County Counsel
Exhibit A
Attachment A
Proposed Amendment
F1FTli AMENDMENT TO THE AGflEEMENT 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 Ciara
(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. Statemeht of .Costs
Section 5. of the Agreement shalt 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. Durafion of :Agreement
Section t2. 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.
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