HomeMy WebLinkAbout2001-08-06 City Council (11)City of Pal lto
City Manager’s Rd rt
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: COMMUNITY
SERVICES DIVISION
DATE:
SUBJECT:
AUGUST 6, 2001 CMR: 337:01
AGREEMENT 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
RECOMMENDATION
Staff recommends 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.
BACKGROUND
The Open Space section of Community Services has been working 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 together with
contractors, volunteers, and Preserve Stewards have identified key invasive plants for
eradication. Limited staff has had minimal 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 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.
DISCUSSION
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 common weed control problems. The MOU will establish a weed management
area and define the terms and conditions under which the Santa Clara County Weed
CMR:337-01 Page 1 of 4
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.
Participation in the County-wide task force will enable City staff to discuss effective .
strategies for weed control, share information on control methods used in Palo Alto open
space areas, and seek grant funding for habitat restoration and weed control.
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 data City staff
collects on the range and severity of invasive weeds in Palo Alto open space areas, the
City can work more effectively with neighboring properties in creating priorities for weed
control by species or by area. The City will also benefit from discussions about
techniques and methods that have proven to be effective in the spread of weeds.
Participation in this MOU will not necessarily change existing service levels for resource
management for obligate the City of Palo Alto to any particular method of weed control.
Under this Memorandum of Understanding, the City would be responsible for achieving
the following objectives:
Educate the public, City of Palo Alto employees, and contractors about noxious
weeds, their identification, and methods of control and prevention.
Identify, inventory, and provide GPS data on noxious weed infestation on City
properties and rights-of-way. Provide the information to the Santa Clara County
Agricultural Commissioner’s Office.
Identify high-risk pathways of noxious weed introduction onto City properties and
rights-of-way.
Coordinate the control of noxious weed infestations on City properties and rights-
of-way.
o Promote and implement elements of integrated weed management to prevent the
establishment and spread of noxious weeds in Santa Clara County.
CMR:337-01 Page 2 of 4
Cooperate in the development of grant proposals to fund local weed management
programs.
The agreement will expire on April 30, 2003, at which time the City will 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 ~om this agreement. The agreement
utilizes existing resources and does not require additional staffing or materials to
implement. Participation in the collective will allow the City to apply for grants and
other funding made available only through a County-wide agency.
POLICY IMPLICATIONS
The recommendation is consistent with existing City policies. This agreement advances
the objectives of Comprehensive Plan natural Environment 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
Qualtiy Act (CEQA).
ATTACHMENTS
Attachment A:Agreement Between the City of Palo Alto and the Santa Clara
County Weed Management Area for control of invasive weeds in
open space areas.
CMR:337-01 Page 3 of 4
PREPARED BY:
GREG BE~ ~
Superintendent of Open Space and Sciences
DZPARTMENT HEAD:
PAUL THILTGEN
Director of Community Services
CITY MANAGER APPROVAL:
CHRIS Mo~’E~SEN
Assistant to the City Manager
CMR:337-01 Page 4 of 4
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, Midpeninsula Regional Open Space
District, 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, The Nature Conservancy, 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 geographical area for the
purpose of coordinating and combining their actions and expertise to deal 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 a weed management area and define the terms and
conditions under which the Santa Clara County Weed Management Area will cooperate and
coordinate activities necessary to prevent the introduction, establishment and spread of noxious
weeds in Santa Clara County. These activities shall focus upon the exclusion, detection,
eradication and suppression of designated noxious weeds and invasive exotic plants using an
integrated approach.
Rev. 01-14-00
Overview
Integrated weed management is a system used to plan and recommend selected methods of
management to prevent, contain or control undesirable plant species or group of species using all
available strategies and techniques. Together these strategies and techniques are economically
and environmentally more effective than any single option.The elements of integrated
management include:
¯Education and Awareness
¯Prevention and Early Detection
¯Inventory
¯Control (physical/mechanical, biological, chemical, cultural)
¯Monitoring and Evaluation
A number of noxious weeds and invasive exotic plants are found in Santa Clara County. An
integrated strategy to manage these populations could minimize their negative effects and
prevent future infestations of undesirable plant species.
Agreement
It is mutually agreed upon and understood by and among the parties to this MOU that:
A.There shall be a steering committee established among the parties to this MOU. The steering
committee shall be comprised of a maximum of ten (10) representatives interested in the
control of noxious weeds within Santa Clara County. As membership allows, the committee
shall consist of the Santa Clara County Agricultural Commissioner or his/her designee, one
(1) at-large member, and not more than the following number of representatives from these
interests: livestock production (1), agricultural production (1), parks and public land
management (2), water and natural resources (1), transportation/utilities (1),
education/research (1), and environmental advocacy (1).
Steering committee members shall serve for a term of one year. Steering committee
members shall be selected by the parties at the first meeting of each calendar year. Terms
may be renewed annually. The steering committee shall establish bylaws governing the
manner in which business is to be conducted.
The steering committee shall make decisions on matters affecting the 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.
CMR 137:01 Page 2 of 12
D.The parties will initially meet at least three times per year to provide input to the steering
committee. The steering committee may amend the meeting schedule of the parties as
necessary.
The steering committee shall meet to develop and document a coordinated plan to contr~ol
noxious weed infestations within Santa Clara County using the elements of integrated weed
management.
F.The steering committee shall create a cost-share plan for the integrated control of noxious
weeds within Santa Clara County.
G.This MOU may be revised as necessary, by mutual consent of the parties, by issuance of a
written amendment signed and dated by all parties.
H.This MOU in no way restricts any party from participation in similar agreements and/or
activities with other public or private entities.
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 signature page entitled "Agreement 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 remm 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.
Jo This MOU shall be effective upon execution by a minimum of two (2) parties. This MOU
expires on April 30, 2003. Any party may terminate their participation in this MOU at any
time by providing written notice to all other parties.
K.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 will be handled
in accordance with the laws, regulations, 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 agreements that shall be made in
writing by representatives of the parties 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 agreement. Any contract or agreement for training or other services must
fully comply with all applicable requirements for competition.
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.
CMR 137:01 Page 3 of 12
M.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 indemnify 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.
N.Each party 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.
O.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 insmn-nent.
P.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 Deparmaent of Food and Agriculture (CDFA) to release
and monitor biological 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.
CMR 137:01 Page 4 of 12
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 Agricultural 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.Identify high-risk pathways of noxious weed introduction onto county roads.
4.Promote and implement elements of integrated 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 with grant proposals to fund noxious weed control programs.
California Department of Food and Agriculture (CDFA)
1. Supply biological 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 fired local weed management
programs.
CMR 137:01 :Page 5 of 12
California State Parks
i. 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 p.ark
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 development of grant proposals to fund local weed management
programs.
Midpeninsula Regional Open Space District (MROSD)
1.Educate the public and MROSD employees about noxious weeds, their identification, and
methods of control and prevention.
2.Identify noxious weed infestations on MROSD lands and report them to the Santa Clara
County Agricultural Commissioner’s Office.
3. Identify high-risk pathways of noxious weed introduction onto MROSD 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
MROSD lands.
Santa Clara Coun~ Farm Bureau
1.Educate the public and members about noxious weed identification, methods of prevention,
and their affect on agriculture.
2.Work with the California Farm 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
Agricultural 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.
CMR 137:01 Page 6 of 12
Santa Clara County Cattlemen’s Association
1.Educate the public and local ranchers about noxious weed identification, methods of
prevention, and their affect on agriculture.
2.Promote the control of noxious weeds on private land.
3.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.
4. Share information from the California Cattlemen’s Association
Subcommittee on noxious weed control, legislation, and funding.
5. Promote and implement elements of integrated weed management
establishment and spread of noxious weeds in Santa Clara County.
6.Cooperate
programs.
Noxious Weed
to prevent the
in the development of grant proposals to fund local weed management
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
programsl
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 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.
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.
CMR 137:01 Page 7 of 12
Santa
1.
2.
Clara Valley Water District (SCVWD)
Educate the pt ?~iic and SCVWD employees about noxious weeds, their identification,
and methods of control and prevention.
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 fundlocal 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 Agricultural 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.
CMR 137:01 Page 8 of 12
¯ 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 integrated 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 Department of Agriculture - Natural Resources Conservation Service
~RCS)
1.Educate the public and NRCS 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.
,~uadalupe-Coyote 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 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.
CMR 137:01 Page 9 of 12
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 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.
Ci.ty 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
Agricultural Commissioner’s ONce.
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.
The Nature Conservancy (TNC)
1.Educate the public and TNC members 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.
California Native Plant Socie ,ty (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.
CMR 137:01 Page 10 of 12
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..
Effective Date
In witness whereof, the parties hereto have executed this MOU as of the dates written below.
Santa Clara County
Signature: Date:
Donald F. Gage, 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
Agricultural Commissioner
County of Santa Clara
1553 Berger Drive, Bldg. 1
San Jose, CA 95112
City of Palo Alto
Signature:Date:
Printed Name and Title: Sandy Eakins, Mayor, City of Palo Alto
Name/Address of Party to Receive Notices: Greg Betts, Superintendent, Open Space & Science
1451 Middlefield Road, Palo Alto, CA 94301
650-617-3112 E-mail:gregory_betts@city.palo-alto.ca.us
CMR 137:01 Page 11 of 12
Exhibit A
Agreement to Join the Memorandum of Understanding Establishing the Santa Clara
County
Weed Management Area
The City of Palo Alto hereby agrees to be part of the Santa Clara County Weed
Management Area created on (date). The City of Palo Alto agrees to
comply with and be bound by the terms of the Memorandum of Understanding - Santa Clara
County Weed Management Area attached hereto and incorporated herein by reference.
In witness whereof, the party hereto has executed this agreement as of the date written
below.
Signature:Date:
Primed Name and Title: Sandy Eakins, Mayor, City of Palo Alto
Name/Address of Party to Receive Notices: Greg Betts, Superintendent, Open Space & Science
1451 Middlefield Road, Palo Alto, CA 94301
650-617-3112
E-mail:gregory_betts@city.palo-alto.ca.us
APPROVED AS TO FORM:
City Attomey
CMR 137:01 Page 12 of 12