HomeMy WebLinkAbout2003-05-05 City Council (3)TO:
FROM:
DATE:
SUBJECT:
HONORABLE CITY COUNCIL
CITY MANAGER
MAY 5, 2003
DEPARTMENT:COMMUNITY
SERVICES
CMR: 216:03
RENEWAL OF AN AGREEMENTBETWEEN THE CITY OF
PALO ALTO AND THE SANTACLARA COUNTY WEED
MANAGEMENT AREA FOR THECONTROL OF INVASIVE
WEEDS IN CITY OPEN SPACE LANDS
RECOMMENDATION
Staff recolmnends that Council approve and authorize the Mayor to sign the attached
Memorandum of Understanding between the City of Palo Alto and the Santa Clara
County Weed Management Area for the control of invasive weeds in City open space
lands (parks), and extend the duration of the agreement to June 30, 2007.
BACKGROUND
The Open Space section of the Community Services Department has been wor~ng since
1996 to control and contain the spread of non-native invasive weeds in open space areas.
Beginning with the implementation of the Arastradero Preserve Management Plan, staff
has worked with contractors, volunteers and Preserve Stewards to identify key invasive
plants for eradication. With only of seven park rangers, staff has had only limited success
in developing effective strategies for the control of these weeds.
Similarly, other resource agencies, including Midpeninsula Regional Open Space
District, Guadalupe-Coyote Resource Conservation District and the Santa Clara Valley
Water District, have been struggling with effective means of eradicating noxious weeds
such as Yellow Star Thistle, Italian Thistle, French Broom, Teasel and other forms of
thistle.
In October 1999, the Santa Clara County Agricultural Commissioner initiated a
Memorandum of Understanding (MOU) between numerous public, educational and
private entities for the purpose of coordinating and combining their actions and expertise
to combat cormnon weed control problems. The purpose of this MOU is to perpetuate a
weed management area and define the telTns and conditions under which the Santa Clara
Pao_e 1 of 3
CMR 216:03 ~
County Weed Management Area will cooperate and coordinate activities necessary to
prevent the introduction, establishment and spread of noxious weeds in Santa Clara
County. Activities focus on the exclusion, detection, eradication and suppression of
designated noxious weeds and invasive exotic plants using an integrated approach.
On August 6, 2001, Council approved the Memorandum of Understanding with the Santa
Clara County Weed Management Area for the period from August 6, 2001 to April 30,
2003.
Since that time, staff has been actively involved with the association and has benefited by
information on effective weed control and possible grant sources. The City was also the
recipient of weed mapping services paid for by the County Management Area.
DISCUSSION
The Santa Clara County Weed Management Area provides a unique forum for resource
managers from private ranches, public parks and open space areas, and conservation
districts to develop best practices for effective weed control. By sharing the data City
staff collects on the extent and severity of invasive weeds in Palo Alto open space areas,
staff been able to work more effectively with neighboring properties in creating priorities
for weed control by species or by area. The City has also benefited from discussions
about techniques and methods that have proven to be effective in the spread of weeds.
Under this Memorandum of Understanding, the City is responsible for achieving the
following objectives, initially drafted by City staff to reflect staffing resource capacities.
Continued participation in this MOU will not change existing service levels for resource
management or obligate the City of Palo Alto to any particular method of weed control.
Objectives:
1. Educate the public, City of Palo Alto employees, and contractors about noxious
weeds, their identification, and methods of control and prevention.
2. Identify, inventory, and provide Global Positioning Satellite (GPS) data on
noxious weed infestations on City properties and rights-of-way. Provide the
information to the Santa Clara County Agricultural Commissioner’s Office.
3. Identify high-risk pathways of noxious weed introduction onto City properties and
rights-of-way.
4. Coordinate the control of noxious weed infestations on City properties and rights-
of-way.
Promote and implement elements of integrated weed management to prevent the
establishment and spread of noxious weeds in Santa Clara County.
Cooperate in the development of grant proposals to fund local weed management
programs.
CMR 216:03 Page 2 of 3
Participation in the MOU is completely voluntary. The agreement will expire on June 30,
2007, at which time the City may decide whether to renew its participation. The City may
terminate its participation in this MOU at any time by providing written notice to the
other participants in the MOU.
RESOURCE IMPACT
There is no direct fiscal impact to the City resulting from this agreement. The agreement
utilizes existing resources and does not require additional staffing or materials to
implement. Continued participation in the collective will benefit the City by qualifying
the City to apply for State and local grants and other funding made only available through
a County-wide agency.
POLICY IMPLICATIONS
The recornmendation is consistent with existing City policies. This agreement advances
the objectives of Comprehensive Plan Natural Enviror~nent Element N-1 for the
protection of habitat in open space areas.
ENVIRONMENTAL REVIEW
This project is categorically exempt under the provisions of California Environmental
Quality Act (CEQA).
ATTACHMENTS
Attachment A:"Memorandum of Understanding
Management Area"
Santa Clara County Weed
Prepared by:GREG BETTS
Superintendent, Open Space & Sciences
Department head Re<vi~e ¯..,~~.---’--------
"--._v Paul Thiltgen
Director,
City Manager Approval:
mily Harrison
Assistant City Manager
CMR 216:03 Pa~e ~ of 3
Attachment A:Memorandum of Understanding
Santa Clara County
Weed Management Area
Participants
This Memorandum of Understanding (MOU) is made and entered into by and among the United
States Department of Agriculture-Natural Resources Conservation Service, California
Department of Food and Agriculture, California State Parks, Santa Clara County, Santa Clara
Valley Water District, San Francisco Public Utilities Commission, Guadalupe-Coyote Resource
Conservation District, Loma Prieta Resource Conservation District, City of Gilroy, Santa Clara
County Cattlemen’s Association, Santa Clara County Farm Bureau, University of California
Cooperative Extension Service, Blue Oak Ranch, City of Palo Alto, Santa Clara County Open
Space Authority, CalTrans-District 4, Acterra, and the California Native Plant Society.
Authority
The parties are entering into this MOU pursuant to the California Food and Agricultural Code,
Section 7272(b) which states:
"A ’weed management area’ is a local organization that brings together all
interested landowners, land managers (private, city, county, state, and federal),
special districts, and the public in a county or other geo~aphical area for the
purpose of coordinating and combining their actions and expertise to dea! with
their common weed control problems. The organization shall function under the
authority of a mutually developed memorandum of understanding and subject to
statutory and regulatory requirements. A weed management area may be
voluntarily governed by a chairperson or a steering committee."
Purpose
The purpose of this MOU is to establish the Santa Clara County Weed Management Area, define
the terms and conditions under which it will operate, and coordinate the activities necessary to
prevent the introduction, establishment and spread of noxious weeds in Santa Clara Count?,.
These activities shall focus upon the exclusion, detection, eradication and suppression of
designated noxious weeds and invasive exotic plants using an inte~ated weed management
approach.
Overwiew
Integrated weed management refers to a system which considers al! available strate~es and
techniques to plan, recommend and implement methods to prevent, contain or control undesirable
plant species or group of species. Use of these strate~es and techniques together is economically
and environmentally more effective than relying on any single option. The elements of integrated
weed management include:
Education and Awareness
Prevention and Early Detection
Inventory and Mapping
Control (physical/mechanical, biolo~cal, chemical, cultural)
Monitoring and Evaluation
A number of noxious weeds and invasive exotic plants are found in Santa Clara County. An
integrated strate~ to manage these populations could minimize their negative effects and prevent
future infestations of undesirable plant species.
Aqreement
It is mutually" a~eed upon and understood by and among the parties to this MOU that:
No A steering committee shall be established among the parties to this MOU. The steering
committee shall be comprised of not less than two (2) or more than ten (10) representatives of
parties to this MOU. If the total number of parties to this MOU is ten (10) or more, the
steering committee membership shall consist of the Santa Clara County Agricultural
Commissioner or his/her designee, two (2) at-large members, and (if possible and as the
composition of the parties to this MOU permits) not more than the following number of
representatives from these interests: agric~mre and bestock production (1), parks and public
land management (2), water and natural resources (1), transportation/utilities (1),
education/research (1), and environmental advocacy (1). In the event that the composition of
the parties to this MOU precludes the representation of one or more of the foregoing interests
or a party declines to serve or be represented on the steering committee, an alternative member
or members of the steering committee may be selected regardless of the interest to be
represented. Should there be less than ten parties to this MOU, the steering committee shall
consist of the Santa Clara County Agricultural Commissioner or his/her designee and other
members as determined by the parties to this MOU.
So Steering committee members shall serve for a term of two years. Terms may be renewed.
Steering committee members shall be selected by the parties at the first meeting of the calendar
year. Each interest group shal! determine their steering committee representative(s). Each
interest group may also select one alternate member to serve in the absence of their desig-nated
steering committee member.
C.The steering committee shall establish bylaws governing the manner in which business is to be
conducted.
D.The steering committee shall make decisions on matters affecting the Santa Clara County-Weed
Management Area by majority vote of the members present. At least fifty-percent (50%) of
committee members must be present for any action to be taken. The steering committee shall
consider input from all parties to this MOU in these decisions.
E. The parties to this MOU ~ initially meet at least once per year to provide input to the steering
committee.The steering committee may amend the meeting schedule of the parties as
necessary.
Fo The steering committee shall meet to develop and document a coordinated plan to control
noxious weed infestations w-ithin Santa Clara County tlsing the elements of integated weed
management.
G.The steering committee shall create a cost-share plan for the integated control of noxious weeds
within Santa Clara County.
H.This MOU may be revised as necessary, by mutual consent of the parties, by issuance of a
~tten amendment si~ed and dated by all parties.
t.This MOU in no way restricts any party from participation in similar ageements and/or
activities with other public or private entities.
Jo Interested landowners, land managers (private, city, county, state and federal), special districts,
and the public in Santa Clara County may become part of the Santa Clara County Weed
Management Area by execution of the si~ature page entitled "Ageement to Join the
Memorandum of Understanding Establishing the Santa Clara County Weed Management Area"
attached as Exhibit A. The executed signature page shall be returned to the steering committee
for distribution to all parties to this MOU. The return shall be accomplished by certified mail to
the steering committee in care of the Agricultural Commissioner, County of Santa Clara, 1553
Berger Drive, Building 1, San Jose, CA 95112.
K.This MOU shal! be effective May 1, 2003 following execution by a minimum of two (2) parties.
This MOU expires on June 30, 2007. Any party may terminate their participation in this MOU
at any time by proxqding written notice to all other parties.
L.This MOU is neither a fiscal nor a funds obligation document. Any endeavor involving
reimbursement or contribution of funds between the parties to this instrument ~ill be handled
in accordance with the laws, r%malations, and procedures applicable to each governmental
agency, private landowner, or other participant, including those for government procurement
and printing. Such endeavors will be outlined in separate written ageements and shall be
independently authorized by appropriate statutory authority. This instrument does not provide
such authority. Specifically, this instrument does not establish authority for noncompetitive
award to the cooperator of any contract or other a~eement. Any contract or agreement for
training or other services must fully comply with all applicable requirements for competition.
M.Each party- shall maintain its own insurance coverage, through commercial insurance, self-
insurance or a combination thereof, against any claim, expense, cost, damage or liability arising
out of the performance of its responsibilities pursuant to this MOU.
In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed
between the parties pursuant to Government Code Section 895.6, the parties agree that all losses
or liabilities incurred by a party shall not be shared pro rata but instead the parties agree that
each of the .parties hereto shall fully defend, indenmify and hold each of the other parties
harmless from any claim, expense or cost, damage or liability arising out of, or in connection
with, performance of its responsibilities pursuant to this MOU.
Oo Each parry, shall perform its responsibilities and activities described herein as an independent
contractor and not as an officer agent, servant, or employee of any of the other parties hereto.
Each party shall be solely responsible for the acts and omissions of its officers, agents,
employees, contractors, and subcontractors, if any. Nothing herein shall be considered as
creating a partnership or joint venture between the parties.
This MOU may be executed in any number of counterparts, each of which shall for all purposes
be deemed to be an original and all of which shall together constitute one and the same
instrument.
Q. Conditions: In consideration of the above premises, the parties agree to perform the activities
as follows:
Santa Clara County.,:
Department of Agriculture:
1.Work with public agencies and private landowners to control noxious weed infestations
on properties in the County.
2.Cooperate with the California Department of Food and Agriculture (CDFA) to release
and monitor biolo~cal control organisms throughout Santa Clara County.
3.Cooperate with individuals and agencies on control and prevention programs for noxious
weeds.
4.Conduct surveys and identify noxious weed sites throughout the County. Develop maps
and a Geographic Information System (GIS) database inventory.
5. Educate the public, growers and agencies about noxious weeds, their identification, and
methods of control and prevention.
6. Provide information about the safe use of pesticides. Annually sponsor Pesticide
Continuing Education courses.
7. Promote and implement elements of integrated weed management to prevent the
establishment and spread of noxious weeds in Santa Clara County.
8. Cooperate in the development of grant proposals to fund local weed management
programs.
Department of Parks and Recreation (SCCDPR):
1.Educate the public, SCCDPR employees, and land tenants about noxious weeds, their
identification, and methods of control and prevention.
2. Identify, inventory, and provide Global Positioning System (GPS) data on noxious weed
infestations on park properties. Provide the information to the Santa Clara County
Agricultural Commissioner’s Office.
3.Identify high-risk pathways of noxious weed introduction onto parklands.
4.Coordinate the control of noxious weed infestations on park lands with the Santa Clara
County AgTicultural Commissioner’s Office.
5. Promote and implement elements of integrated weed management to prevent the
establishment and spread of noxious weeds in Santa Clara County.
6. Cooperate in the development of grant proposals to fund local weed management
programs.
Roads and Airports Department (SCCRAD):
1.Educate SCCRAD employees about noxious weeds, their identification, and methods of
control and prevention.
2. Identify, inventory, and provide data on noxious weed infestations on county rights-of-way
property. Provide the information to the Santa Clara County Agricultural Commissioner’s
Office.
3.Identit:y high-risk pathways of noxious weed introduction onto county roads.
4.Promote and implement elements of integated weed management to prevent the
establishment and spread of noxious weeds in Santa Clara County.
5. Cooperate with agencies and landowners in joint programs and projects to prevent, control,
and eradicate noxious weeds.
6. Provide assistance wifl-i grant proposals to fund noxious weed control programs.
California Department of Food and A~riculture (CDFA)
1.Supply bioloNcal control organisms to suppress noxious weeds.
2.Provide technical assistance and resource support to Santa Clara County Agricultural
Commissioner’s Office for control of "A" and "B"- rated noxious weeds.
3.Review, evaluate, and report results of "A" and "B"-rated noxious weed eradication
activities.
4. Promote and implement elements of integrated weed management to prevent the
establishment and spread of noxious weeds in Santa Clara County.
5.Cooperate in the development of grant proposals to fund !ocal weed management
programs.
California State Parks
1.Educate visitors, concessionaires, employees, and land tenants about noxious weeds, their
identification, and methods of control and prevention.
2.Identify, inventory, and provide GPS data on noxious weed infestations on park
properties. Provide the information to the Santa Clara County Agricultural
Commissioner’s Office.
3.Coordinate the control of noxious weed infestations on park lands with the Santa Clara
County Agricultural Commissioner’s Office.
4.Identify high-risk pathways of noxious weed introduction onto parklands.
5.Promote and implement elements of integrated weed management to prevent the
establishment and spread of noxious weeds in Santa Clara County.
6.Cooperate in the deve!opment of grant proposals to fund local weed management
programs.
Santa Clara Counts’ Farm Bureau
1.Educate the public and members about noxious weed identification, methods of prevention,
and their affect on agxiculture.
2.Work with the California Farn~ Bureau and the American Farm Bureau to ensure that
effective herbicides for noxious weed control will remain registered for use in California.
3.Educate and encourage members to cooperate and work with the Santa Clara County
Agricultura! Commissioner’s Office or the Cooperative Extension Service for assistance in
identifying noxious weeds and effective control methods.
4.Promote and support legislation, which encourages national, state, and local level support of
noxious weed control efforts.
5. Promote and implement elements of integrated weed management to prevent the
establishment and spread of noxious weeds in Santa Clara County.
6. Cooperate in the development of grant proposals to fund local weed management programs.
Santa
1.
2.
3.
Clara County Cattlemen’s Association
Educate the pubtic and local ranchers about noxious weed identification, methods of
prevention, and their affect on agriculture.
Promote the control of noxious weeds on private land.
Encourage members to cooperate and work with the Santa Clara County Agricultural
Commissioner’s Office or the Cooperative Extension Service for assistance in identifying
noxious weeds and effective control methods.
Share information from the California Cattlemen’s Association Noxious Weed
Subcommittee on noxious weed control, legislation, and funding.
Promote and implement elements of integrated weed management to prevent the
establishment and spread ofnoxious weeds in Santa Clara County.
Cooperate in the development of grant proposals to fund local weed management
programs.
Blue Oak Ranch
1.Identify noxious weed infestations and report them to the Santa Clara County
Agricultural Commissioner’s Office.
2.Cooperate with agencies and landowners in efforts to prevent, control, and eradicate
noxious weeds.
3. Promote and implement elements of integrated weed management to prevent the
establishment and spread of noxious weeds in Santa Clara County.
4.Cooperate in the development of grant proposals to fund local weed management
programs.
City of Gilrov
1.Educate the public, City of Gilroy employees, and contractors about noxious weeds, their
identification, and methods of control and prevention.
2. Identify, inventory, and provide GPS data on noxious weed infestations on City
properties and rights-of-way. Provide the infon:aation to the Santa Clara County
Agricultura! Commissioner’s Office.
3.Identify high-risk pathways of noxious weed introduction onto City properties and rights-
of-way.
4.Coordinate the control of noxious weed infestations on City properties and rights-of-way.
5.Promote and implement elements of integrated weed management to prevent the
establishment and spread of noxious weeds in Santa Clara County.
6.Cooperate in the development of grant proposals to fund local weed management
programs.
Santa Clara Valley Water District (SCVWD)
1.Educate the public and SCVWD employees about noxious weeds, their identification,
and methods of control and prevention.
2.Identify, inventory, and provide GPS data on noxious weed infestations on watershed
properties. Provide the information to the Santa Clara County Agricultural
Commissioner’s Office.
3.Cooperate with agencies and landowners in joint programs and projects to prevent,
control, and eradicate noxious weeds.
4.Identify high-risk pathways of noxious weed introduction onto SCVWD properties.
5.Coordinate the control of noxious weed infestations on watershed lands with the Santa
Clara County Agricultural Commissioner’s Office.
6. Promote and implement elements of integrated weed management to prevent the
establishment and spread of noxious weeds in Santa Clara County.
7.Cooperate in the development of grant proposals to fund local weed management
programs.
San Francisco Public Utilities Commission (SFPUC)
1.Educate the public, SFPUC employees, and land tenants about noxious weeds, their
identification, and methods of control and prevention, with an emphasis on maintenance
and enhancement of water quality.
2.Identify, inventory, and provide GPS data on noxious weed infestations on watershed
properties. Provide the information to the Santa Clara County Agricultural
Commissioner’s Office.
3.Cooperate with agencies, and landowners in joint programs and projects to prevent,
control, and eradicate noxious weeds.
4.Identify high-risk pathways of noxious weed introduction onto SFPUC properties.
5.Coordinate the control of noxious weed infestations on watershed lands with the Santa
Clara County AgTicultural Commissioner’s Office and land tenants.
6. Promote and implement elements of integrated weed management to prevent the
establishment and spread of noxious weeds in Santa Clara County.
7.Cooperate in the development of grant proposals to fund local weed management
programs.
University of California Cooperative Extension Service
1.Cooperate with individuals and agencies on control and prevention programs for noxious
weeds.
2.Research, develop and apply new methods for the control of noxious weeds.
3.Provide technical advice for developing weed management projects.
4.Educate the public, growers and agencies about noxious weeds, their identification, and
methods of control and prevention.
5.Promote and implement elements of inte~oa-ated weed management to prevent the
establishment and spread of noxious weeds in Santa Clara County.
6.Promote the control and prevention of noxious weeds on private lands.
7.Cooperate in the development of grant proposals to fund local weed management
programs.
United States Deparaneat of A~cula~- Natural Resourc~ Conservmion Service (NRCS)
1.Educate the public and NRCS employees about noxious weeds, their identification, and
methods of contro! and prevention.
2.Cooperate in the development of grant proposals to fund local weed management
progrmns.
3. Work with private landowners to organize noxious weed control or eradication programs.
4. Develop standardized weed elements in Federal Farm Program agreements.
5. Promote and implement elements of integrated weed management to prevent the
establishment and spread of noxious weeds in Santa Clara County.
Guadalupe-Covote Resource Conservation District
!.Educate the public and Resource Conservation District employees about noxious weeds,
their identification, and methods of control and prevention.
2.Cooperate in the development of grant proposals to fund local weed management
programs.
3. Work with private landowners to organize noxious weed control or eradication programs.
4. Develop standardized weed elements in Federal Farm Program agreements.
5. Promote and implement elements of integrated weed management to prevent the
establishment and spread of noxious weeds in Santa Clara County.
Loma Prieta Resource Conservation District
1.Educate the public and Resource Conservation District employees about noxious weeds,
their identification, and methods of control and prevention.
2.Cooperate in the development of grant proposals to fund local weed management
programs.
3.Work with private landowners to organize noxious weed control or eradication programs.
4.Develop standardized weed elements in Federa! Farm Program agreements.
5.Promote and implement elements of integrated weed management to prevent the
establishment and spread of noxious weeds in Santa Clara County.
California Native Plant SocieD7 (CNPS)
1.Educate the public and CNPS volunteers about noxious weed identification, and the
importance of control and prevention.
2.Identify noxious weed infestations and report them to the Santa Clara County Agricultural
Commissioner’ s Office.
3. Cooperate with agencies and landowners in efforts to prevent, control, and eradicate noxious
weeds.
4. Promote and implement elements of integrated weed management to prevent the
establishment and spread of noxious weeds in Santa Clara County.
5. Cooperate in the development of grant proposals to fund local weed management programs.
City of Palo Alto
1.Educate the public, City of Palo Alto employees, and contractors about noxious weeds,
their identification, and methods of control and prevention.
2. Identify, inventory, and provide GPS data on noxious weed infestations on city properties
and rights-of-way. Provide the information to the Santa Clara County AgTicultural
Commissioner’s Office.
3. Identify high-risk pathways of noxious weed introduction onto City properties and rights-
of-way.
4. Coordinate the control of noxious weed infestations on City properties and rights-of-way.
5.Promote and implement elements of integrated weed management to prevent the
establishment and spread of noxious weeds in Santa Clara County.
6.Cooperate in the development of grant proposals to fund local weed management
programs.
Santa Clara Coun .ty Open Space Authorit~~ (SCCOSA)
1.Educate the public and SCCOSA employees about noxious weeds, their identification,
and methods of control and prevention.
2. Identify noxious weed infestations on SCCOSA lands and report them to the Santa Clara
County Agricultural Commissioner’s Office.
3..Identify high-risk pathways of noxious weed introduction onto SCCOSA lands.
4.Promote and implement elements of integrated weed management to prevent the
establishment and spread of noxious weeds in Santa Clara County.
5.Cooperate in the development of grant proposals to fund weed management programs on
SCCOSA lands.
Acterra
1.Educate visitors, stewardship volunteers and employees about noxious weeds, their
identification and methods of control and prevention.
2.Identify noxious weed infestations on the Arastradero Preserve lands and report them to
the Santa Clara County Agricultural Commissioner’s Office.
3.Promote and implement elements of integrated weed irianagement to prevent the
establishment and spread of noxious weeds in Santa Clara County.
4.Cooperate in the development of grant proposals to fund local weed management
programs.
Effective Date
In witness whereof, the parties hereto have executed this MOU as of the dates written below.
Santa Clara County
Signature: Date:
Blanca Alvarado, Chairperson
Board of Supervisors
Printed Name and Title:
ATTEST:APPROVED AS TO FORM AND LEGALITY:
Phyllis A. Perez, Clerk
Board of Supervisors
Kathy Kretchmer
Deputy" County Counsel
Name/Address of Party to Receive Notices:Greg Van Wassenhove
AgTicultural Commissioner
County of Santa Clara
1553 Berger Drive, Bldg. 1
San Jose, CA 95112
City of Palo Alto
Signature:Date:
Printed Name and Title: Dena Mossar. Mayor
Name/Address of Party to Receive Notices: Greg Betts, Superintendent. Open Space
Cit,¢ of Palo Alto Community Services
1451 Middlefield Road, Palo Alto. CA
APPROVED AS TO FORM:
City Attorney