HomeMy WebLinkAboutStaff Report 2495 City of Palo Alto (ID # 2495)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 4/23/2012
April 23, 2012 Page 1 of 2
(ID # 2495)
Summary Title: Amendment to County Weed Abatement Agreement
Title: Approval of Amendment Eight to the Agreement With the County of Santa
Clara for Abatement of Weeds to Change the Method for Setting Abatement
Fees and Costs
From: City Manager
Lead Department: Fire
Recommendation
Staff recommends that the Council approve amendment eight to the agreement between the
County of Santa Clara and the City of Palo Alto for abatement of weeds to change the method
by which weed abatement charges are set and authorize the Mayor to sign the agreement
amendment.
Executive Summary
If approved, the agreement amendment (Attachment A) would change fees charged to
property owners from a percentage-based fee determined by the County contractors’ weed
abatement costs to a fixed-rate fee that will be approved annually. All other elements of the
agreement and program will remain the same.
Background
The Santa Clara County Department provides weed abatement services to a number of cities in
the County, including Palo Alto. Through the program, the County Department of Agriculture
identifies properties in Palo Alto with hazardous vegetation that represent a fire and/or health
hazard. Following notice to property owners and public hearings as required in Chapter 8.08 of
the Municipal Code, he hazardous vegetation on these properties is abated by the County if
property owners fail to do it themselves. The cost for County abatement is then considered a
special assessment on each property.
Discussion
The current agreement for weed abatement between the County of Santa Clara and the City of
Palo Alto was adopted in April 1977. Since then, the agreement has been amended several
times to modify the charge for the County’s program costs to administer the Hazardous
Vegetation Management Program. These charges pay for the full cost of the Hazardous
Vegetation Management Program and are paid for by the owners of properties where
hazardous vegetation has been identified.
April 23, 2012 Page 2 of 2
(ID # 2495)
Abatement costs under the current agreement are 150% of the weed abatement contractor’s
fee, which covers the cost of abatement and the County’s administrative costs. Amendment
Eight will revise fee provisions so that the County will provide the City with a list of costs each
year, which the Council will approve at the time it adopts the annual resolution ordering
abatement.
Resource Impact
There are no fiscal impacts to the City of Palo Alto as a result of the Weed Abatement Program.
The Santa Clara County Department of Agriculture expenses are recovered through the Weed
Abatement Program administrative fees charged to property owners. Fees for weed abatement
services are included as a special assessment on bills for property taxes levied against the
respective lots and parcels of land, which are considered liens on these properties.
Policy Implications
This procedure is consistent with existing City policies and Chapter 8.08 of the Municipal Code.
Environmental Review
Santa Clara County has determined the Weed Abatement Program to be Categorically Exempt
from the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines Sections
15308.
Attachments:
Attachment A - Amendment Eight (PDF)
Attachment B - Original Weed Abatement Agreement (PDF)
Prepared By: Gordon Simpkinson,
Department Head: Dennis Burns, Police Chief
City Manager Approval: ____________________________________
James Keene, City Manager
EIGHTH AMENDMENT TO THE AGREEMENT BETWEEN
THE COUNTY OF SANTA CLARA AND THE CITY OF PALO ALTO
FOR ABATEMENT OF WEEDS
The Agreement for the Abatement of Weeds (Agreement) between the County of Santa Clara
(County) and the City of Palo Alto (City) previously entered into on April 18, 1977, as amended
on November 5,1979, November 20,1981, February 15, 1983, January 14, 1997, August 18,
1998, October 12,1999, 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:
1. Statement of Costs
Section 6 of the Agreement shall be amended to read as follows:
In December of each calendar year, County shall deliver to City a list of all reasonable
and necessary fees and costs approved and adopted by County's 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 City the City's governing body expressly
declines to accept any fee or cost in said list. In the event City'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 City.
Thereafter, on or before the 10th day of August of each year, County shall render to City
an itemized statement or report ofthe reasonable and necessary fees and cost of the
administrative, enforcement, and abatement services performed for the respective parcels
of land in the City. 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 City will include a reduced
administrative fee of75% of the cost of the weed abatement contractor.
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2. Except as modified herein, all other terms and conditions of the Agreement relIlllin the
same.
COUNTY OF SANTA CLARA
Kevin O'Day, Director
Department of Agriculture and
Environmental Management
Date
Approved as to form and legality:
Lj~hl.U /~ ('A~k' Ie"'/I
Mark Bernal r I <
Deputy County Counsel
49685J.doc
CITY OF PALO ALTO
Sid Espinosa, Mayor
Date
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AGREEMENT FOR THE ABATEMENT OF HEEDS
BY COUNTY OF SANTA CLARA
FOR THE CITY OF PALO ASTO
THE FOLLOt'JING is an Agreement betweefl COUNTY OF SANTA CLARA I
state of California, hereinafter called "County," and CITY OF
PALO ALTO, Santa Clara County, California, hereinafter called
"City," both of whom understand and agree as follows:
N:iEREAS I City has the power to conduct weed abatement under
Government Code of the State of California 539500, et seq.; and
WHEREAS, City has home rule authority to adopt ordinances
for public health, safety and welfare, including weed abatement
procedures; and
WHEREAS, City has exercised this power by adoption of Chapters
8~08 and 9.56 of the Palo Alto ~unicipal Code for the Abatement of
Weed.s; and
WHEREAS, county, "under provisions of the Health and Safety
Code of tho State of California and under its ordinances has the
power to enforce the abatement of hazardous weeds; and
WHEREAS I the Board of Supervisors of Santa Clara County t by
resolution has exercised the power granted to County pursuant to
the Health and Safety Code of the State of California, commencing
at S14875, and
WHEREAS/ the parties hereto have the power to enforce weed
abatement within their corporate limitsj and
WHEREAS, County and City are desirous of contracting for
the services of the County Fire Marshal to perform the actual
services of abatement of weeds; and
vlHEREAS" County is agreeable to rendering such services and
Ci ty is agre-eable to have such services rendered under the terms
and conditions, hereinafter set forth for the reason of efficiency
and mutual 'benefit of both parties;
NOW, THEREFORE I 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 abate
Dent of weeds by City ,and COU:1ty. This Agreement shall provide
for the performance by county of functions relating to weed abate
ment in territory within the City at the same time that County is
working in the Urban Service Area of City. The fu~ctions to be
performed by County for City shall be hereinafter set forth~
26 Joint Cooperation. County shall prepare Assessorrs
parcel maps and ll.sts of parcels owned by the City and of vacant
privately owned parcels within the City of Falo Alto requiring
abate~ent of weeds and transmit said naps and lists to the City
for review and approval of processing. County shall further
provide to City proposed annual schedules for the perforrnance
of weed abatement functions by the county in the Urban Service
Area of the City~ Upon receipt of the final lists of parcels
requiring abaterr.e:nt of weeds and Assessor's parcel maps thereof,
the City shall commence and expeditiously proceed with procedures
for ordering abatement of weeds on said properties pursuant to
Chapter B~OB and/or 9~56 of the Palo Alto Munic~pal Code.
3. Notice. County shall prepare all notices and other
documents relatrng to the weed abate:r.lent proceedings required
by Chapters 8~08 and 9.56 of the Palo Alto Municipal Coder in
cluding but not limited to Notice To Destroy Weeds and Notice
Of Hearing On Report A~d Assessment For Weed Abatement, in form
required by the Palo Alto Municipal Code or state law, and shall
cause the posting and/or publishing of said notices and documents
as required by said Code or state law. County shall also ca~se
such notices to be mailed to the record owners of affected parcels.
Any failure to mail such notice, or any failure on the property
owner to receive it, shal~ not affect the validity of the weed
abatement proceedings, or any lien for the cost of such abatement~
4.. :rearin5; by Council.. The Council 0:: the City" shall con
duct public hear~ngs on the proposed removal of weeds pursuant
to the provisions of the Palo Alto .Municipal Code at such times
as the CO'.lnty Fire Marshal shall notify the City of the County I s
intention to proceed with weed abatement activities. The Fire
Marshal shall at that time present the City such .appropriate
resolutions or orders as may be necessary for adoption by the
Co;."lnci 1 in order to commence abatement proceedings. such
resolutions and orders shall be presented to City staff for review
and recomr:lendation to City Council. Upon adoption by the Council
of a resolution or order declaring the weeds on the respective
parcels of land to be nuisances as provided by Chapter 8.0B and/or
9.56 of the Palo Alto .Municipal Code and the determination to
proceed with the abatement of weeds, such resolution and dcter
!nination shall be deemed to authorize the performance of the
service or removal of weeds by the County in accordance with
this Agreement unless otherwise specified a
5, county Responsibilities. After action is taken at each
stage by the CouncIl, County, through the Fire Marshal, shall cause
the abatenc'nt of weeds in the fallowing If,atter I to-wit: Upon
proper authorization by City to County, the Fire Marshal shall
remove the weeds on the designated properties, where the need for
weed abt;ttement still exists because owners have failed to so re
move said, weeds· through voluntary abaterr:ent or by contract with
the County,:. for such abatement ..
6. The Fire ~~rshal shall render to
the City or report of the cost of the weed
abatement services performed for the respective parcels of land
in the Cit~ on or before the twentieth of July of each year, which
shall inClude the County's administrative cost of 25% of the cost
for parcels in the City 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 ::or
which weed abatement services were performed, and verification by
signature of the County Fire NarshaL County shall, at least 30
days prior to the hearing provided for in Section 8.08.080 of the
Palo Alto Municipal Code, bill each affected record property
owner for his weed abatement cost (incl~ding the County's adminis
trative cost)~ The failure to send such bill, or the failure of
any property owner to receive it, shall not affect the validity
of the weed abatement proceedings or any lien for the cost of
such abatement.
7. Inclusion of Assessme~t on Count S·J.bseguent
to the perrormance of serVlces spec~f~e ~n Paragrap 5 hereof,
Council of the City shall corr~nce and expeditiously proceed with
the actions specified and required py Chapter 8.08 and/or 9.56 of
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the Palo Alto Municipal Code to assess the costs of the weed
abatement services performed for the City upon the .respective
property owners. Subsequent to appropriate notice and public
hearing, if the same be determined proper and warran~ed, the City
shall require the County Tax Collector to include said costs 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,
8 ~ Time and Manner of Collection ~ The a'l'Ciounts of the
assessments shall be collected at the same time and in the sa~e
manner as county taxes are collected, 'and "are subject to the sane
penalties and the same procedure and sale in case of delinquency
as provided for ordinary county taxes~
9. Remittance of Costs. The cost of weed abatement shall
be advanced by County and re~mbursed to County as and when col
lected by County Tax Collactor*
10. Liability. City shall assu~e no liability for the pay
ment of salary, wages, or other co~pensation to officers, agents,
employees, or contractors of County in performing services here
under.
City shall not be liable for compensation or indemnity to
County officers, agents, employees, contractors, or to third
persons for injury, sickness, or damages arising out of the weed
abatement operations under this Agreement excluding any damages
or injury arising out of any dangerous or defective condition of
public property owned by the City.
County agrees to and shall indemnify and hold City harmless
from all darr,ages I liabilities, obligations, or claims thereof
of whatsoever nature ar~sing in any rranner out of the performance
of or failure to perform any services or obligations pursuant to
this agreement by the County, its agents, officers, employees, or
con tr actors:.""
ll~ Records". Each officer or department of County perform
ing any service pursuant to this Agree~ent shall keep itemized
and detailed work or job records covering the cost of all services
, performed".
12. Independent Contractors. It is agreed that this Agree
ment is by and between Independent contractors, and it is not
intended nor shall it be construed to create the relationship of
agent# servant, employee, partnership, joint venture or associa
tion between County and City~
13. Duration of Agreement. '"!'his Agreement shall become
effective on date of execut~on and shall run until the governing
body of City or County shall exercise the right to terminate this
Agreenent as of the first day of Septerr~er of any year, by giving
notice to the other party not less than ten (10) days Rrior to
the date of ternlination ..
14. Time of com~liance. All services or actions required
to be performed or ta en by the parties hereto shall be performed
or taken in an expeditious and timely manner. In particular, any
actions shall be performed in such manner as to allow compliance
with any deadlines or schedules set +orth by applicable provisions
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of state, countYI or city codes, ordinances I resolutions or regu
lations. Each party shall notify the other of any such deadlines
or schedules of which it is aware and of any other schedules pro
posed to be followed by said parties.
15. Use of Herbicides. Nei ther County nor any of its con
tractors shall use any herbicides in the performance of services
hereunder.
16~ Project Coardination~ The city Manager shall be repre
sentative of City for all purposes under this agreement~ ROBERT
ARCULARIUS is designated as the Project Manager for the City
~~nagerl and he shall supervise the progress and execution of
this agreement. liliAN B. CARDER, Fire Marshal, is hereby desig
nated as the Project Director for County.
IN WI~~ESS WHEREOF,
~~nt as of
A~~~ ~
DONA~D M. RAINS, C erk
Board of Supervisors
APPROVED:
R,
Counsel
Cp,[M::kf:ar~ J
~dG~ D~rector of Publ~c Works
the parties hereto have exeouted this
APR 1 B 1M1
C~ OF SANTA CLARA
~~n+'~~ Bo~~d Qf Supervisors
eI OF PALO ALTO
yor