HomeMy WebLinkAboutSanta Clara County - 2010 Agreement for Weed Abatement
AGREEMENT FOR THE ABATEMENT OF
WEEDS BY COUNTY OF SANTA CLARA
FOR CITY OF GILROY
This Agreement for the Abatement of Weeds (IlAGREEMENT") Is made and entered
into this day of ,2010 ("EFFECTIVE DATE"), by and
between the CITY OF GILROY, a municipal corporation ("CITY"), and the COUNTY OF
SANTA CLARA, a political subdMslon of the State of California ("COUNTY").
RECITALS
WHEREAS, the CITY has duly established under Chapter 12, Article III of the Gilroy
Municipal Code a program to abate as a public nuisance seasonal or recurrent weeds
that are noxious or dangerous and situated on private properties; and
WHEREAS, under provisions of the California Health and Safety Code and its
ordinances, the COUNTY also has duly established a program to enforce the
abatement of hazardous weeds on private properties; and
WHEREAS, for reasons of efficiency; economy of operations and resources, -and the
mutual benefit of both parties, the CITY and the COUNTY desire the COUNTY to
provide weed abatement services on vacant, private properties; which may include
previously Improved properties that no longer have structures on them, in the CITY and
to administer certain parts of the CITY's weed abatement program under Chapter 12,
Article III of the Gilroy Municipal Code, all In accQrdance with the terms and prOVisions
set forth in this AGREEMENT; and
NOW, THEREFORE, for good and valuable" consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereby agree as follows:
SECTION 1." PURPOSE ANDDELEGATlON.
The purpOse of this AGREEMENT Is to promote efficiency and an economy of
operations and resources in the abatement of weeds in the CITY and COUNTY. To
achieve this end, the CITY hereby delegates to the COUNTY and the COUNTY hereby
Agreement for the Abatement of Weeds
Page 2 of 12
accepts the responsibility of abating weeds on vacant, private properties in the CITY
and administering the CITY's weed abatement program, set forth In Chapter 12, Article
III of the CITY's Municipal Code ("PROGRAM"), subject to and in accordance with this
AGREEMENT.
SECTION 2. TERM.
This AGREEMENT, shall become effective as of the EFFECTIVE DATE and shall
continuE:) until the goveming body of the- CITY or the COUNTY exercises the right to
terminate this AGREEMENT pursuant to SECTION 12 of this AGREEMENT. This
AGREEMENT supercedes and replaces the previous "Agreeme'nt for the Abatement of
Weeds by the County of Santa Clara for the City of GILROY" and any and all
subsequent amendments related thereto.
SECTION 3. SCOPE OF SERVICES; PERFORMANCE SCHEDULE.
A. The COUNTY shall perform weed abatement services on vacant, private
properties located In the CITY and administer the PROGRAM (collectively, the
"SERVICES") in accordance with all applicable laws, rules and regulations of the
CITY,including Chapter 12, Article III of the Gilroy Municipal Code, and the
provisions of this AGREEMENT, all as may be. amended from time to time.
B. _ The COUNTY shall perform these SERVICE;S in accordance with the schedule
set forth on EXHIBIT "A," entitled "SCHEDULE OF PERFORMANCE," attached
hereto and incorporated herein by this reference.
C. The COUNTY shall attend all meetings of the CITY Council or meetings of other
CITY committees, boards or hearing bodies at which weed abatement
SERVICES, refunds of weed abatement charges, or other issues related to the
SERVICES or this AGREEMENT are discussed when the COUNTY's
attendance Is requested by the CITY.
D.. In order to ensure that the level and quality of the proVision of the SERVICES in
the CITY does not diminish and is not impaired, the COUNTY shall provide to the
Agreement for the Abatement of Weeds
61912010
,,:.
Agreement for the Abatement of Weeds
Page 3 of 12
. CITY for its review and comment the COUNTY's specifications and qualifications
for contractors or other agents of the COUNTY obtained or hired by the - :
COUNTY to perform weed abatement SERVICES on behalf of the COUNTY
upon properties located in the CITY.
E. The COUNTY shall obtain the written consent of the CITY prior to performing
any chemical treatment or control of weeds upon any properties located In the
CITY.
F. The COUNTY may perform emergency abatements of weeds upon vacant,
private properties located in the CITY only in strict accordance with the
provisions, conditions and procedures set forth in GILROY Municipal Code
Chapter 12, Article III, as may be amended from time to time. The COUNTY
shall obtain the consent of the CITY prior to performing any emergency
abatement of weeds upon properties located In the CITY.
SECTION 4.
NOTICES.
The COUNTY shall provide to the CITY for the CITY's prior review and approval copies
of all notices, leaflets, brochures, invoices, and mailings that the COUNTY Intends or is
______-raqulred-to-post~-publish. mail or otherwise distribute in connection with the S.ERVICES.
- I
The COUNTY shall provide these copies to the CITY as set forth on EXHIBIT "A,"
entitled "SCHEDULEOF PERFORMANCE," or where not provided for In the
SCHEDULEOF PERFORMANCE, at least thirty (30) days prior to the date that the
COUNTY desires or Is required to post, publish, mall or otherwise distribute the
. material.
The term "days" ~or purposes of this AGREEMENT shall mean calendar days.
SJ:CTION 5.
HEARINGS.
The CITY Council, or the committee, board or other hearing body designated by the
CITY Council to conduct hearings in connection witl) the PROGRAM, retains the
A9~ment for the Abatement of Weeds
6/912010
Agreement for the Abatement of Weeds
Page 4 of 12
responsibility to c~nduct public hearin{:1S under Chapter 12, Article 1110' the Gilroy
Municipal Code, as the same may be amended from time to time.
SECTION 6. STATEMENT OF COSTS.
A. At least ten (10) days prior to the date of tne public hearing before the CITY
Council regarding the placement of special assessment liens on properties for
weed abatement charges, which meeting usually occurs before August 10, of
each year, the COUNTY shall render to the CITY an itemized report of weed
" abatement SERVICES performed by the COUNTY on vacant, private properties
within the CITY during the preceding twelve (12) months ("REPORT"). The
REPORT shall" include, without limitation, all of the following information:
1. The total number of weed abatements performed in the CITY;
" 2. The total number of properties upon which weed abatements were
performed in the CITY;
3. 4. An itemized statement of all of the costs and expenses incurred by
" or on behalf of the COUNTY for weed "abatement SERVICES performed
on vacant, private properties located In the CITY, including the following:
a. The administrative costs Incurred by the COUNTY, which costs will
not exceed an amount equal to one hundred and fifty percent
(150%) of the costs of the COUNTY's weed abatement contractor
for weed abatement SERVICES rendered on vacant, private
properties located In the CITY; and
5. A description of all. of the properties, by address and Assessor's Parcel
Number, on which weed abatement SERVICES were performed;
6. Verification of the truthfulness, accuracy and completeness of the
REPORT, executed by the COUNTY employee charged with the
"supervision of the SERVICES.
Agreement for the Abatement of Weeds
619/2010
Agreement for the Abatement of Weeds
Page 5 of 12
SECTION 7.
PAYMENT FOR SERVICES.
A. The sole source 0' compensation to the COUNTY for the provision of the
- SERVICES shall be those amounts remitted by private property owners to the
COUNTY. under the PRbGRAM.
B. The CITY has and assumes no liability for the payment of salary, wages,
benefits, compensation or any other amounts to officers, agents, employees or
contractors of COUNTY performing SERVICES hereunder.
SECTION 8. ADJUSTMENTS AND REFUNDS. .
A. On or before the date of the public hearing before the CITY Council regarding
the placement of speCial assessment liens on properties for weed abatement
charges, which meeting usually occurs before August 10 of each year, the
COUNTY shall handle and process -all requests for adjustments. in weed
abatement charges, or portIons thereof, pursuant to and in accordance with all
applicable policies, processes and procedures of the COUNTY in effect at the
time of the adjustment request.
B. After the date of the public he-aring before the CITY Council regarding the
placerrient of special. assessment liens on properties for weed abatement
charges, which meeting usually occurs before August 10 of each year, the
COUNTY shall investigate all requests for refunds of weed abatement charges,
or portions thereof, pursuant to and In accordance with all applicable policies,
processes and procedures of the COUNTY in effect at the time of the refund
request; provided, however, that the refund request must meet the requirements
of Chapter 12, Article III of the GILROY Municipal Code, as may be amended
from time to time. Within thirty (30) days of receiving a refund request, the .
COUNTYshaU provide the CITY with a report containing, at a minimum, a
summary of the history of the particular weed abatement matter and refund
request, the reasons why the COUNTY believes that a refund of weed
Agreement for the Abatement 01 Weeds
6/9/2010
Agreement for the Abatement of Weeds.
Page 6 of 12
abatement charges is or Is not appropriate, and the amount of weed abatement
charges that Is the subject of the refund request.
C. If, in the determination of the CITY Council, a refund is appropriate, the CITY
Council may order a refund pursuant to Chapter 12, Artl~le III of the GILROY
Municipal Code, as may be amended from time to time.
SECTION 9. INDEMNIFICATION.
In lieu of and notwithstanding the pro rata risk.allocatlon 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 CITY and COUNTY agree that, pursuant to Government Code Section
895.4, each of the parties hereto shall fully indemnify and hold each of the other
parties, its officers, board members, employees and agents, harmless from any claim,
expense or cost, damage or liability imposed .'or Injury (as defined by Government Code
Section 810.8) occurring by reason of the negligent acts or omissions or willful
misconduct of the indemnifying party, its officers, board members, employees or
agents, under or in connection with or arising out of any work, authority or jurisdiction
delegated to such party under this Agreement. No party, nor any officer, board
member, employee or agent thereof shall be responsible for any damage or liability
occurring by reason of the negligent acts or omissions or willful misconduct of other
parties hereto,theirofficers, ~oard members, employees or agents, under. or in
connection with or arising out of any work, authority or jurisdiction delegated to such
other parties under this Agreement.
SEcrlON 10. RECORDS.
A. Each officer or department 0' COUNTY performing any SE~VICES pursuant to
this AGREEMENT shall keep itemized and detailed work or job records covering
the cost of any and all SERVICES performed. COUNTY shall maintain these
records for a minimum period of three (3) years, or for any longer period required
by law, following the performance of any SERVICES.
Agreement for the Abatement of Weeds
6/9/2010
Agreement for the Abatement of Weeds
Page 7 of 12
B. The COUNTY shall maintain all other documents and records demonstrating
performance under this AGREEMENT for a minimum period of three (3) years
from the date of termination of this AGREEMENT, or such longer period as may
be required by law.
SECTION 11. INDEPENDENT CONTRACTOR.
The COUNTY and the CITY agree that this AGREEMENT is by and between
independent contractors. This AGREEME;:NT Is not intended, nor shall it be construed,
to create a relationship of agent, servant, employee, partnership, joint venture or
association IJetween the COUNTY and the CITY. As an independent contractor; the
COUNTY shall obtain no rights to retirement benefits or other benefits that accrue to
CITY employees, and the COUNTY hereby expressly waives any claim It may have or
that may arise under this AGREEMENT to any such rights.
SECTION 12. TERMINATION.
A. . The COUNTY or the CITY may terminate this AGREEMENT as of the first day of
September of any year by giving notice to the other party not less than thirty (30)
days prior to the next September 1.
B. If the COUNTY fails to perform any of its material obligations under this
AGREEMENT, then, in addition to all other remedies available by law, the CITY
may terminate this AGREEMENT immediately upon written notice to the
COUNTY.
C. The CITY's City Administrator, or his delegatee or designee, Is authorized to
terminate this AGREEMENT on behalf of the CITY.
D. The COUNTY's Agricultural Commissioner, or his or her delegatee or designee,
is authorized to terminate this AGREEMENT on behalf of the COUNTY.
Agreement for the Abatement of Weeds
6/912010
Agreement for the Abatement of Weeds
. Page 8 of 12
E. In the event of termination, the COUNTY shall deliver to the CITY copies of all
reports, documents, property address or owner lists, or other data generated by
the COUNTY for or under this AGREEMENT.
SECTION 13. AMENDMENTS.
This AGREEMENT may be modified only by a written amend~ent duly executed by the
parties to this AGREEMENT.
SECTION 14. NONDISCRIMINATION.
COUNTY shall notdiscrlmlnate, In anyway, against any person on the basis of race,
sex,- color, age, religion, sexual orientation, actual or perceived gender identity,
disability, ethnicity, or national origin, in connection with or related to the performance-of
this AGREEMENT.
SEcnON 15. ASSIGNABIUTY.
The COUNTY acknowledges and understands that the expertise and experience of the
. .
COUNTY are material considerations Inducing the CITY to enter Into this
AGREEMENT. The COUNTY may not assign nor transfer any interest in this
AGREEMENT, nor the performance of the SERVICES or any other duties or obligations
of the COUNTY hereunder, without the prior written consent of the CITY. Any attempt
by the COUNTY to so assign or transfer this AGREEMENT, the performance of
SERVICES, or any of the COUNTY's other duties, obligations or interests hereunder,
shall be null and void and of no forCe or effect.
SECTIQN 16. NOnCES.
All notices and other communications required or allowed to be given under this
AGREEMENT to a party shall be in Writing and shall be personally selVed or mailed,
postage prepaid and return receipt requested, addressed to the respective party as
. follows:
Agreement for the Abatement of Weeds
6/9/2010
Agreement for the Abatement of Weeds
Page 9 of 12
COUNTY:
County of Santa Clara
Department of. Agriculture and Environmental
Management
1553 Berger Drive
Building 1, San Jose. California 95112
Attention: AGR1CUL rURAL COMMISSIONER
CITY:
City of Gilroy . ,
7351 Rosanna Street
Gilroy, California 95020
Attention: CllY ADMINISTRATOR
SECTION 11. GOVERNING lAW.
The CITY and the COUNTY agree that the law governing this' AGREEMENT Is that of.
the State of California.
SECTION 18.. VENUE.
The COUNiYand the CITY agree that, if suit is brought under this AGREEMENT..
. venue shall be vested exclusively in the state courts of the County of Santa Clara, or, If
federal jurl!?diction is appropriate, exclusively in the United States District court,o/
.,p-
North~m District of California, San Jose, California.' _",.'it
.iI""'"
SECTION 19. COMPLIANCE WITH lAWS.
~~"
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'*'
. . The. COUNTY and CITY shall comply with all applicable laws, rules, regulations, codes
and ordinances of the federal, state and local governments In the performance of the
SERVICES and its other duties and obligations under this AGREEMENT.
SECTION 20. OWNERSHIP OF MATERiALS.
All reports, dQ<?uments, photographs, or other materials generated by the COUNTY or
other person engaged directly or indirectly by the COUNTY to perform the SERVICES
and other worl( for the CITY hereunder shall be and remain the property of the CITY.
- .
Agreement for the Abatement of Weeds
619/2010
Agreement for the Abatement of Weeds
'Page 10 of 12
SECTION 21. WAIVER.
The COUNTY and CITVagree the waiver by the other party of any breach or violation
of any term or condition of this AGREEMENT shall not be deemed to be a waiver of any
other term or condition contained herein or a waiver of any subsequ~nt breach or
violation of the same or any other term or condition of this A.GREEMENT. The
acceptance by the CiTY of the performance of the SERVICES or any other work or
service under this AGREEMENT shall not be deemed to be a waiver of any term or
condition of this AGREEMENT.
-. .
IN WITNESS WHEREOF, the parties hereto have executed this AG.REEMENT as of
the EFFECTIVE DATE first set forth above.
"COUNTY"
CO~:~!Y-O) S lNTA
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Kevin O'Day L.
Acting Agricultural Commissioner
Department of Agriculture' and
Environmental Management
rs
"CITY"
APPROVED AS TO FORM:
('~/6~L {~ Ik,-'
Linda Callon -
City Attorney ,
, --. OF GILROY,
ie/pal corporation
Thomas Haglund
City Administrator
Agreement for Ills Abatement of Weeds
6/9/2010
Agreement for the Abatement of Weeds
Pa~e 1101 12
EXHIBIT "An
SCHEDULE OF PERFORMANCE
The COUNTY shall perform the SERVICES on vacant, private properties in the CITY
through the PROGRAM as follows:
On or before March 1 of each year:
On or before ten (10) days before the
CITY Council hearing of objections to
proposed weed abatement:
No later than six (6) days prior to the
day of the CITY Council hearing on
objections to proposed weed
abatement:
On or before May 3rd of each year
After adoption of CITY Council
resolution ordering the abatement of
weeds on certain properties as.
public nuisances:.
. On or about may 15 of each year:
FInal Gilroy Agreement-doc
The COUNTY shall request a resolution from
CITY declaring that certain weeds located on
properties In the CITY constitute a public
nuisance and setting a date for a publiC
hearing. (GCC 12.48)
The COUNTY shall provide to the Fire Chief,
or his or her designee, for review and .
processing-by the CITY 'a complete Master List
(Commencement Report) of private properties,
Including Assessor's Parcel Numbers, located
in the CITY upon which noxious or dangerous
weeds are growing or are likely to grow. (GCC
12.50) (.)
The COUNTY shall post notices at property or
mall notices to property owners regarding the
CITY Council hearing, as directed by
resolution of the CITY Council. (GCC 12.54) (
The CITY Council shall hear objections to
proposed weed abatement and, by
resolution 'at the conclusion of the hearing,
allow or overrule any or all objections to
proposed weed abatement. (GCC 12.48)
The COUNTY shall comply 'uliy with the
resolution adopted by the CITY Council and
shall proceed with weed abatement work on
vacant, private properties located' in the CITY
in strict accordance with the resoluti'on, the
PROGRAM and this AGREEMENT, all as may
be amended 'from time to time.
The COUNTY shall commence initial discing
of properties. The COUNTY shall perform
handcleaning, mowing and other handwork
on properties throughout the weed
abatement season.
Exhibit A-1
County Weed Abatement Agreement
Agreement for the Abatement of Weeds
Pagei2 of 12
At least ten (10) days prior to the
date of the public hearing before the
CITY Council regarding the
placement of special assessment
liens on properties for weed
abatement charges:
At least annually:
At least ten (10) days prior to the
CITY Council meeting to hear
objections to the REPORT:
Upon adoption of resolution by the
CITY Council confirming or
amending REPORT and ordering
weed abatement costs become a
special asSessment lien against the
affected properties:
.Final Gilroy Agreement.doc
Pursuarit to SECTION 6 of this
AGREEMENT, the COUNTY shall provide to
the CITY for review and processing a
complete and accurate REPORT of costs
and exPenses incurred by or on behalf of
the COUNTY for weed abatement
SERVICES performed in the CITY during
the preceding twelve (12) months under this
AGREEMENT. (GCe 12.53)
The COUNTY shall obtain a resolution from
the CITY Council, or its delegatee or
designee, to confirm the REPORT and order
the weed abatement costs to be a special
assessment against the affected properties.
(GCC 12.53)
The CITY shall post the REPORT at CITY's
City Hall (GCC 12.54).
The COUNTY shall mall a notice to all
property owners, Identified in the REPORT,
which provides the date, time, and place of
the CITY Council hearing on the REPORT at
which persons may appear and object to the
. REPORT.'
The COUNTY shall fully comply with the
resolution adopted by the CITY Council.
Exhibit A-2
County Weed Abatement Agreement
BOS Agcnda Dale :Mareh 2, 20 I 0
County of Santa Clara
Board of Supervisors
Supervisorial District One
Supervisor Donald F. Gage
BOS 030210;Ji,
:::::(')\ '<, "::.?,.';::~'\"'-",, ;;,'i":-"" \
DATE: { '~\Matth 2/2010
':.'",. .c."'"
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. :"~'-
TO:
<-~~ -;.\
FROM:
LO~JJj.~
Donald F. Gage
. Supervisor, District 1
SUBJECT: Housing, Land Use, Environment and Transportation report
RECOMMENDED ACTION
Accept report on the Feb. 18 meeting of the Housing, Land Use, Environment and
TranspOliation Committee. (Gage)
Possible action:
a. Provide comment on the concepts and conclusions to date regarding "Rebuild/Remodel"
definitions of Section Cl -10.1 of the County Ordinance Code and direct staff to
continue discussions with the working group and return to HLUET withftnal
recommendations. (HLUET Item No. 10) .
b. Adopt Resolution delegating authOlity to the Director of Agriculture and Environmental
Management to negotiate, enter, execute, amend, terminate and take any and all
necessary or advisable actions relating to the following (Roll Call Vote) (HLUET Item
No. 13):
1. Agreements for the abatement of weeds with local jurisdictions, following
Board ofSupelvisors: Donald F. Gage, George Shirakawa. Dave COltesC. Ken Ycager, Liz Kniss
COWlty Executive: leftrey V. Smith
1
BOS Agenda Date :March 2, 20 I 0
approval by County Counsel as to form and legality, and approval by the Office
of the County Executive. Delegation of authority shall expire on June 30,2015;
and
2. Existing Agreements for abatement of weeds between the County and H&N
Enterprises and Imhof Tractor Servic~ in an amount not to exceed $750,000
annually, following approval by County Counsel as toform and legality, and
approvatby the Offic~ of the County Executive. Delegation of authOlity shall
e~l?jI~6ri:~{:1Cell1P~r'31, 2012; and, .
~.(':~gf~~ment(~}f6rthe abatement of weeds with any contractor in an amount not to
;~Q:cee'4.$2;'250,OOO for all agreements, following approval by County Counl)el as
,>'iofofiIM,~nd legality and approval by the Offic.e of the CountY Executive. .
:'f?~~egation of authority shall expire on June 30, 2015
a. Accept items 5 -9, 11, 12, 14 -17 as infonnation only~
REASONS FOR RECOMMENDATION
. .
The Housing, Land Use, Environment and Transportation Corilmitteeaccepted a number of
reports, including one from the Department of Planning and Development on the definitions
of lIrebuild" and "remodel" in the countyOrdmance Code. The Committee asked for more
information and recommended that staff tly to keep any changes as simple as possible. More
information is scheduled to come back to BLUET on March 18.
The Committee also forwarded to the Board recommendations from the Department of
Agriculture and Environmental Management regardIng agreements in theW eed Abatement
Program.
HLUET also received information from the Department of Planning and Development
regarding an ordinance for water conservation in landscaping. The department will bring the
item back separately to the Board at a later date.
. There was a status report on a draft special events ordinance. Meetings with stakeholders are
still ongoing.
ATTACHMENTS
a Item 10 transmittal
Board of Supervisors: Donald F, Gage, George Shirakawa, Dave Cortese. Ken Yeager, Liz Kniss
County Executive: Jeffrey V. Smith
2
BOS Agenda Date :March 2. 20 10
. item 13 transniittal
e. item 13 Resolution delegating authority
Board of Supervisors: Donald F. Gage, George Shirakawa, Dave Cortese, Ken Yeager, Liz Kniss
Counly Executive: Jetlrey V. Smith
3
Committee Agenda
Housing, Land Use, Environment, & Tmllsportation Committee (BLUE'l). Conn~ Qf Santa Clara
Feblllmy 18, 2010
County of Santa Clara
Housing, Land Use, Environment, &
Transportation Committee (HLUET)
~upervisor Donald F. Gage, Chairperson. Supervisor Liz Kniss, Vice Chair.
County Government Center -70 West Hedding Street
San Jose, Califomia 95110. Phone (408) 299-5001. Fax (408) 298-8460
DATE:
TIME:
PLACE:
February 18,2010
10:00 AM
Board of Supervisors' Chambers, First Floor, County Govemment
Center
Notice to the Public - Meeting Procedures
~- The recommended actions. appearing on the agenda are those recommended by staff.
The Committee may take other actions relating to the issues as may be determined
following consideration of the matter and discussion of the recommended actio'DS.
-- Persons wishing to address the Committee on any item on the agenda are requested to .
complete a request to speak form and give it to the Deputy Clerk so the Chairperson can .call
on you when the item comes up for discussion.
-~ In compliance with the Americans with Disabilities Act, those requiring accommodations in
this meeting should notify the Clerk of the Board's Office 24 hours prior to the meeting at
(408) 299-5001, or TDD (408) 993-8272.
-- To obtain a copy of any supporting document that is available, contact the Office of the
Clerk of the Board at (408) 299-5001,
-- Any disclosable public records related to an open session item on a regular m.eeting agenda
and distributed by the County to all 01' a majority of the Board of Supervisors (or any other
commission, or board or committee) less than 72 hours prior to that meeting are available for
pubJic inspection at the Office of the Clerk of the Board, 70 West Hedding Street, 10th Floor,
during normal business hours.
--. A quorum. of the Board of Supervisors may be present to discuss items listed on the agenda.
1-
Committee Agenda
Housing, Land Use, EnviroDment, & Transportation Committee (BLUET), C<lunty ofSanla Clara
FebruaJ}' 18, 2010
m~::m::::;;::~";'f:!:.",::::'!~:t!'.!:m:!:r.!i:1:I~i!..1.~1'l!.1::~~,l'll::I1~t!:ali;:1r.Imo~~;I~lI~f"~1::rr.~'}~:':;j1::i:::l;'~;:':I~~~I~t~'!~~~'mUl::i~~!t'mi!!S~:;W;::.i&~:?i.;o:l;:U;cr;t;:;to:r&i:~..:~~:;~iml1~j~~~~1li!l!!!iltlalii2:-roi'i~~md.7.:rl~~I:~tt.~~~~m!'~~~~tl!...~.;:;.;~;t.:.~:;
1. We1come and Introductions.
2. A~ouncements.
3.'PublicComment.
This pOltion of the meeting is reserved for persons desiring to address the Housing,
Land Use, Environment, ai1d Transportation Comnuttee on a Committee-related
matter not on the agenda. Speakers are limited to ~ minute. If you wish to address
the Committee, please complete a Request to Speak form and place it in the
container at the front of the room. The law does not pennit Committee action or
extended discussion on any items not on the agenda except under special
cu'cUlnstances. If Coinnrittee action is requested, the matter may be placed on the
next agenda. All statements that require a response will be referred to staff for a
reply in writing.
4. Approve Consent Calendar and changes to the Housing, Land Use, Environment, and
Transportation Committee agenda.
Items with an asterisk (*) in front of the number are OIl the consent calendar and
may be voted on in one motion at the beginning of the meeting. If you wish to
discuss any of these items, please request the item be removed from the consent
calendar by placing a Request to Speak fOUll in the container at the front of the
room.
* 5. Approve minutes of January 21, 2010.
* 6. Accept semi-annual report fi.-om the Employee Services Agency on extra-help usage for
Agencies/Departments reporting to the HoUsing, Land Use, and Transportation
Committee.
* 7. Accept report flom the Department of Parks and Recreation on implementation of the
Updated Strategic Plan for the Santa Clara County Parks and Recreation System. .
;{o 8. Accept quarterly status report from the Department of Agriculture and Environmental
Management, Division of Animal Care and Control, on the SpaylNeuter Program.
9. Accept report from the Department .of PIamling and Development on the
. implementation of the Surface Mine and Reclamation Act (SMARA) Program.
10. Accept report from the Department of Planning and Development .
on lIRebuildJR.emodel" definitions. of Section C 1-1 0.1 of the County Ordinance Code.
2
Commil!ce Agenda
Housing. Land Use. Enviromn.ent, & Trsnsportatioll C<lmmittee (BLUET). County of Santa Clara
February 18. 2010
* 11. Accept County Airports quarterly noise report from the Roads and Airports
Department. .
* 12. Accept quarterly report from t~e Roads and Airports Depaqment on Agreements
executed by the Director, Roads and Airports Departrilent, pursuant to the authority
delegated by the Board of Supervisors on March 28) 2006. .
13.. Consider recommendations from the Department of Agriculture and Environmental
Management on Agreements in the Weed Abatement Program relating to the abatement
of weeds, and forward to the Board of Supervisors for consideration.
* 14. Consider recommendation from the Parks and Recreation Department on the annual
status report of the Management Audit conducted by Harvey M. Rose Accountancy
Corporatio~ and forward to the Board of Supervisors for consideration.
15. Consider recommendations from the Department orPlanning and Development on
proposed Water Conservation in Landscaping Ordinance) and forward to the Board of
Supervisors for consideration.
16. Consider recommendations from the Roads and Airport Department on application for
vacation of a 3)691 square foot portion of excess Gist Road right-of-way in the
unincorporated area of the County near the Santa Cruz County line) and forward to the
Board of Supervisors for consideration.
17; Consider recommendations from the Office of the County Executiv~ on revisions to
Section B3, Chapter Vp:, Article 1, of the Santa Clara County Ordinance Coderelating
to encroachment permits for special events. (Referral from December 9) 2008 Board of
Supervis9rs meeting, Item No. 82)
18. Atmounce next meeting.ofthe Housing, Land Use, Environm~t, and Transportation
CoIiunittee on Thursday) March 18,2010; at 10:00 a.m., in the Boaxd ofSupetvisorst
Ch.ambers) .F:il'st Floor, COllilty Government Center.
3
Committee Agenda Date :February 18,2010
County of Santa Clara
Department of Agriculture and Environmental
Management
Division of Weed Abatement
I -
AEMOI021810
Prepared by: Moe Kumre
Weed Abatement Piogram Coordinator
DATE:
February 18,2010
TO:
Supervisor Donald F. Gage, Chairperson
Supervisor Liz Kniss, Vice Chair .
Housing, Land Use, Environment, & Transportation Committee (HLUET)
. I
FROM:
-~./~
Kevin O'Day
Acting Director of Agriculture & Enviromnental Management
SUBJECT: Delegation of Authority for Agreements in the Department of Agriculture and
Environmental Management's Weed Abatement Program Relating to the
Abatement of Weeds
RECOMMENDED ACTION
Consider recommendations from the Department of Agriculture and Environmental
Management regarding agreements in the Weed Abatement Program relating to the abatement
of weeds.
Possible future action by the Board of Supervisors:
Adopt Resolution delegating authority to the Director of Agriculture and Environmental
Board of Supervisors: Donald F. Gage, George Shirakawa, Dave COIiese, Ken Yeager, Liz Kniss
County Executive: Jeffrey V. Smith
1
COlllmittee Agenda Date :Fcbruary 18,2010
Management to negotiate, enter, execute, amend, tenninate, and take any and all necessmy
or advisable actions relating to the following (Roll CAll Vote):
.a. Agreements for the abatement of weeds with local jurisdictions, following approval by
CountyCol.Jnsel as to form and legality, and approval by the Office of the County
Executive. Delegation of authority shall expire on June 30,2015; and,
b. Existing Agreements for abatement of weeds between the County and H&N Enterprises
and Imhof Tractor Service in an amount not to exceed $750,000 annually, following
approval by County Counsel as to form and legality, and approval by the Office of the
County Executive. Delegation of authority shall expire on December 31, 2012; and,.
c. Agreement(s) for the abatement of weeds with any contractor in an amount not to
exceed $2,250,000 for all agreements, following approval by County Counsel as to form
and legality and approval by the Office of the County Executive. Delegation of authority
shall expire on June 30, 2015.
FISCAL IMPLICATIONS
There is no impact to the General Fund' as a result of this action.
Fees recovered for abatement services within the eleven local jurisdictions (Cities of
Campbell, Cupertino, Milpitas, Monte Sereno, Morgan Hill, Palo.Alto, San Jose, Santa Clara
and Saratoga; Town of Los Gatos; and the Los Altos Hills Fire Protection District) include the
actual cost for contracted work, plus an administrative fee. The administrative fee provides for
- inspections, complaint investigation and contract administration. The administrative fee is
based on a percentage of the contractors' abatement costs.
CONTRACT HISTORY
In the Weed Abatement Program, eleven municipalities cunently contract with the County for
the abatement of weeds, blUSh and combustible debris. These contracts continue until
terminated by either party.
On March 1, 2007, the County entered into agreements for weed, brush and debris abatement
services with H&N Enterprises and Imhof Tractor Service, Inc. These agreements allow for
two (me-year extensions at the discretion of the County. Each one-year extension is to be on
the same terms and conditions as the original agreement, with a possible exception under
compensation. If the agreement is renewed, the Contractor shall be entitled to a specified price
increase that shall not exceed 10% per renewal year.
Board of Supervisors: Donald F. Gage, George Shiraka\\'ll, Dave Corlese, Ken Yeager. Liz Kniss
Cowlly Execulive: Jeffrey V. Smith
2
Committee Agenda Date :Febrmuy 18. 20 IO
REASONS FOR RECOMMENDATION
The current delegation of authority is scheduled to expire June 30, 2010. Cuo"ent agreements
with the eleven jurisdictions have, on occasion, required modifications to aQcommodate
administrative fee adjustments, abatement of propeliies late in the.ftre season, etc.. In the
future, additional jurisdictions may wish to enter into agreements with the County for the
abatement of weeds.
Approving the delegation of authority to the Director of Agriculture and Environmental
Management to negotiate, execute and amend agreements for weed abatement services
between the County and local jurisdictions, and any qualifted contractors, will maintain the
existing partnerships, allow for future partnerships, and provide for timely weed and brush
abatement services in order to reduce fIre hazards.
BACKGROIJND
Beginning in 1975, and each year thereafter, the Board of Supervisors has authorized the
Weed Abatement Program to take action to mitigate the threat offtre loss. Reduction offIre
risk has been perfOlIDed by licensed contractors removing bio-mass fuel, combustible debris
. and w~eds on the unincorporated lands and within jurisdictions participating in the County
program. The cities of Campbell, Cupertino, Milpitas, Monte Sereno, Morgan Hill, Palo Alto,
San Jose, Santa Clara, Saratoga; the Town of Los Gatos; and the Los Altos Hills Fire
Protection District currently contract with the County for weed abatement services;
CONSEQUENCES OF NEGATIVE ACTION
The'Director of Agr.iculture and Environmental Management would not be given authority to
negotiate, enter, execute, amend, terminate, and take any and all necessary or advisable
actions relating to agreements for the abatement of weeds.
ATTACH:MENTS
· Resolution Delegating Authority
Board of Supervisors: Donald F, Gage, George Shirakawa, Dave Cortese, Ken Yeager, Liz Kniss
County Executive: JefJj-ey V. Smith
3
RESOLutION NO.~O\~,~
RESOLUTION OF TOE BOARD OF SUPERVISORS OF THE COUNTY OF SANTA CLARA
DELEGATING AUTHORITY TO THE DIRECTOR OF AGRICULTURE AND
ENVIRONMENTAL MANAGEMENT TO NEGOTIATE, EXECUTE AND AMEND
CERTAIN CONTRACTS RELATING TO THE ABATEMENT OF WREDS
WHE~AS, contracts and memoranda of understanding to which the County of Santa Clara is
a Party must be approved by the Board of Supervisors, unless they fall within the contracting authority
of the County Director of Procurement, or the authority to enter into the contract on behalf of the
County has been delegated by the Board of Supervisors;' and
WHEREAS, agreements for the abatement of weeds between the COlUIty of Santa Clara and
. ~leven (11) lO<fal jurisdictions listed in Exhibit A,attached hereto and incorporated herein, have been
'ej{ecuted and in place for multiple/years, aiIdcontinue in place lllltil tenninated; and it may be
~ecessary to amend or revise in f~l1 these agreements for administrative fee adjustme~ts and update of
procedures; and
WHEREAS, addhionf!! jurisdictions may wish to enter into agJ:'eements with the County for
abatement of weeds; and -
WHEREAS, the County arranges for the abatement of the weeds through a contract !hat mtist
be approved by the Board of Supervisors; and
.,
WHEREAS, the C01mty entered int~ Agreements for Weed, Brush, and Debris Abatem~nt'
services with H&N Enterprises and Imhof Tractor Service Inc. on March 1, 2007 for a period of three
years; and
. WHEREAS, said agreements allow for two one-year extensions . beyond the original three-year
agre~ment period at the sole option of the County, if service has been satisfactory; and
WHEREAS, each one-year ~xtel1sion is to be on th~ same terms and conditions. as the original
. agreement except for the cost of services, which will be increased for each renewal year up to a
maximum of 10%, upon the request of the contractor, provided that the increase corresponds to any
increase in the San Francisco-Oakland unrevised index for All Urban Consumers covering the
preceding twelve month period ending with the month of June; and .
WHEREAS, the County wishes to d~legate authority' to the Director of Agriculture a~
Envirotnnental Management to execute arid/or' amend Weed Abatement agreements with the local
jurisdictions within the County; to delegate authority to execute amendments to the existing
Agreement for, Weed, Brush and Debris Abatement Services with H&N Enterprises -and Imhof Tractor
Services; and to negotiate, enter into, and amend any new agreements with qualified contractors for a
period not to e/{ceed three years and an amount not to exceed $2,250.000; and
II
Page 1 of3
Resolution Delegating Authority for
Weed Abatement
MAR \) ~- 2~'O
NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of the County of
Santa Clara: '
1. The Director of Agdculture and Environmental Management is hereby
authorized on behalf of the Colinty of Santa Clara to negotiate, enter, execute,
amend, terminate, and take any and all necessary or advisable actions relating to
agreement(s) for the abatement of weeds with local jurisdictions, following
County Colillsel's app.roval as to fonn and legality and approval by the..Office of
. the County Executive. This delegation of authority shall expire on Jun~ 30,
2015.
2. The Director of Agriculture and Environmental Management,is hereby
authorized on behalf of the County of Santa Clara to negotiate, execute, ente~,
amend, tenninate, and take any and all necessary or advisable actions relating to .
.an existing agreement for abatement of weeds between the County and H&N
Enterprises and Imhof Tractor Service in an amount not to exceed $750,000,
annually, following approval by CountY Counsel as to fo1'l'l;l and legality and
approval by the Office of the County Executive. This delegation of authority
shall expire on December 31, 20~2.
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II
II
II
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II
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II
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II
Resolution Delegating Authority for
Weed Abatement
iIlO f' t~,
v. .'. \\ 0 - J~Af#
Page 2 of3
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. . .' .,- .
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3.
The Director of Agriculture and Environmental Management is hereby
authorized 011 behalf of the County of Santa Clara to negotiate, enter, execute,
amend, terminate, and take any and all necessary or advisable actions relating to
agreement(s) for the abatement of weeds with allY contractor in an amount not to
exceed $2,250,000 for,all agreements, following approval by COWlty Counsel as
to foml and legality and approval by the Office of the County Executive. This
delegation of authority shall expire on June 30, 2015.
. PASSED AND ADOPTED by the Board of Supervisors of the Cotinty of Santa Clara, State of
California, on MAR 0 2, 2010 , by the following vote:
AYES: Supervisors C0.RTBSE, GAGE, KNIS'S, SHlRAKAWA. YEAGml
NOES: Supervisors NOJJiJ. '. .
ABSENT: Supervisors 1\1'OQ
I~({- . . L/., .
Ken i...t."':::-m1!:~~
Board of Supervisors
Signed and certified that a copy ofthis
document has been delivered by electronic
or other means to the President. Board
of Supervisors '"
"
~~fY\~
Mana Marmos . ."..;
Clerk of the Board.ofSuperVisors
...
FORlVl AND LEGALITY:
o~ /;;t..\ I~CJ to
E th G. Pianea.
Deputy County Counsel
Page 3 of3
Resolution Delegating Authority for
Weed Abatement
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