HomeMy WebLinkAboutStaff Report 7527
City of Palo Alto (ID # 7527)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 12/12/2016
City of Palo Alto Page 1
Summary Title: Amendment to County Weed Abatement Agreement
Title: Approval of Amendment Number Nine 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 and authorize the City Manager to execute
Amendment Nine to the Agreement between the County of Santa Clara and the City of Palo
Alto for the abatement of weeds to change the method by which weed abatement charges are
collected.
Executive Summary
If approved, the attached amendment (Attachment A) would require the City to pay the County
for any shortfall for weed abatement in its jurisdiction within sixty days of demand by the
County.
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 Palo Alto Municipal Code, the 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
City of Palo Alto Page 2
hazardous vegetation has been identified.
Abatement costs under the current agreement are 150% of the weed abatement contractor’s
fees, which covers the cost of abatement and the County’s administrative costs. Amendment
Nine will require the City to pay the County for any shortfall for weed abatement in the City’s
jurisdiction within sixty days of demand by County.
Shortfalls are infrequent, and occur primarily when the majority of properties inspected choose
to comply in response to their abatement warnings. The County’s recently amended fee
schedule, which includes an inspection fee, should significantly reduce the risk of shortfall.
The County weed abatement contract is a standard agreement governing several jurisdictions.
Covering shortfalls will ensure the County’s ability to continue to provide weed abatement
services for the City in the future.
Resource Impact
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. The only
fiscal impact to the City of Palo Alto would be in the event that the amount recovered by
County was inadequate to cover its operational costs. In this event the City would pay the
County for any shortfall for weed abatement in its jurisdiction within sixty days of demand by
County. These shortfalls are typically on the order of hundreds to thousands of dollars.
Policy Implications
This procedure is consistent with existing City policies and Municipal Code Chapter 8.08.
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: 9th Amendment (DOCX)
Attachment B: 1977 Agreement (PDF)
NINTH 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, 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 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 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. If the amount recovered by COUNTY is inadequate to
cover its operational costs, CITY 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
CITY 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 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.
/ / /
/ / /
/ / /
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2. Except as modified herein, all other terms and conditions of the
AGREEMENT remain the same.
COUNTY OF SANTA CLARA CITY OF PALO ALTO
______________________________ ________________________________
Amy Brown, Director James Keene, City Manager
Consumer and Environmental City of Palo Alto
Protection Agency
________________________________ ________________________________
Date Date
Approved as to form and legality:
________________________________ ________________________________
Michael L. Rossi Senior Deputy City Attorney
Lead Deputy County Counsel
________________________________ Sylvia Gallegos
Deputy County Executive
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AGREEMENT FOR THE ABATEMENT OF WEEDS
BY COUNTY OF SANTA CLARA
FOR THE CITY OF PALO ALTO
THE FOLLOWING is an Agreement betwee~ COUNTY OF SANTA CLARA,
State of California, hereinafter called "County, 11 and CITY OF
PALO ALTO, Santa Clara County, California, hereinafter called
11City, 11 both of whom understand and agree as follows:
WHEREAS, City has the power to conduct weed abatement under
Government Code of the State of California §39500, 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 Municipal 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
resolution has exercised the power granted to County pursuant to
the Health and Safety Code of the State of California, conunencing
at §14875, and
WHEREAS, the parties hereto have the power to enforce weed
abatement within their corporate limits; 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
WHEREAS-, __ County is agreeable to rendering such services and
City is· agre:eable to have such services rendered under the terms
and conditi6ns-hereinafter set forth for the reason of efficiency
and mutual.,· benefit of 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 abate-
ment of weeds by City _and County. This Agreement shall piovide
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 functions to be
performed by County for City shall be hereinafter set forth.
2. Joint Cooperation. County shall prepare Assessor's
parcel n1aps and lists of parcels owned by the City and of vacant
privately owned parcels within the City of Palo Alto requiring
abatement of weeds and transmit said maps and lists to the City
for review and approval of processing. County shall further
provide to City proposed annual schedules for the performance
of weed abatement functions by the County in the Urban Service
Area of the City. Upon receipt of the final lists of parcels
requiring abatement 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 8.08 and/or 9o56 of the Palo Alto Municipal Code.
3. Notice. County shall prepare all notices and other
documents relating to the weed abatement proceedings required
by Chapters 8.08 and 9.56 of the Palo Alto Municipal Code, in-
cluding but not limited to Notice To Destroy Weeds and Notice
Of Hearing On Report And 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 cause
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, shall not affect the validity of the weed
abatement proceedings, or any lien for the cost of such abatement.
4. Hearin9 by council. The Council of the City. shall con-
duct public hearings on the proposed removal of weeds pursuant
to the provisions of the Palo Alto Municipal Code at such times
as the County Fire Marshal shall notify the City of the County1s
intention to proceed with weed abatement activities. The Fire
Marshal shall at that time present the City such _appropriate
resolutions or orde_rs as may be necessary for adoption by the
Council in order to commence abatement proceedings. Such
resolutions and orders shall be presented to City staff for review
and recommendation 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 8.08 and/or
9.56 of the Palo Alto Municipal Code and the determination to
proceed with the abatement of weeds, such resolution and deter-
mination shall be deemed to authorize the performance of the
service of removal of weeds by the County in accordance with
this Agreement unless otherwise specified.
5, County Responsibilities. After action is taken at each
stage by the Council, County, through the Fire Marshal, shall cause
the abatement of weeds :i,n the following matter, 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 ab~tement still exists because owners have failed to so re-
move said· weeds· through voluntary abatement or by contract with
the Countyc_ fbr such abatemento
6. Statement of Costsc The Fire Marshal shall render to
the 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 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 for
which weed abatement services were performed, and verification by
signature of the County Fire Marshal. County shall, at least 30
days prior to the hearing provided for in Section 8.08.080 of the
Palo Alto n.1unicipal Code, bill each affected record property
owner for his weed abatement cost (including 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 Assessment on County Tax Bill. Subsequent
to the performance of services specified in Paragraph 5 hereof,
Council of the City shall commence 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 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 c"ase of delinquency
as provided for ordinary county taxes.
9. Remittance of Costs. The cost of weed abatement shall
be advanced by County and reimbursed to County as and when col-
lected by County Tax Collector.
10. Liability. City shall assume no liability for the pay-
ment of salary, wages, or other compensation 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 harrnleSs
from all damages, liabilities, obligations, or claims thereof
of whatsoever nature ar~sing in any manner 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
contractors:.--
11. Records". Each officer or department of County perform-
ing any Service pursuant to this Agreement 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. This Agreement shall become
effective on date of execution and shall run until the governing
body of City 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~
14. Tiffie 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 +oith by applicable provisions
of state, county, or city codes, ordinances, 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. Neither County nor clny of its con-
tractors shall use any herbicides in the performance of services
hereunder.
16. Project Coordination~ 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
Manager, and he shall supervise the progress and execution of
this agreement. ALAN B. CARDER, Fire Marshal, is hereby desig-
nated as the Project Director for County.
IN WITNESS WHEREOF,
m~o\
DONALD M, RAINS,
Board of Supervisors
AS TO FO
tant-City Attorney
cp1 Maager1
~dG~ Director of Public Works
the parties hereto have executed this
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