99-101 County of Santa Clara, amendment to adjust hazardous vegetation management program fees es
y City Hall
y '�, Gr10300 Torre Avenue
x' 'i ij
y�4. Cupertino, CA 95014-3255
. Telephone: (408)777-3223
ii‘ I I a' FAX: (408)777-3366
. / Website: www.cupertino.org
OFFICE OF THE CITY CLERK
September 13, 1999
Judy Saunders, Sr. Deputy Fire Marshal
County of Santa Clara
70 West Hedding Street, 7°i Floor
San Jose, CA 95110-1705
RE: COUNCIL ACTION AND SIGNED AMENDMENT TO ADJUST HAZARDOUS
VEGETATION MANAGEMENT PROGRAM FEES
At their September 7 meeting, the Cupertino City Council agreed to the proposed amendment to adjust
the hazardous vegetation management program fees. Enclosed is the signed document with its related
City of Cupertino resolution. When the County signatures have been obtained, please forward a copy
for our files.
Sincerely,
7ad4x1 L--� --,4?ZJ
Marie Preston;Administrative Clerk
cc: Finance
Pnnlud un flecycletl F' ,e;
RESOLUTION NO. 99-265
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF FIFTH AMENDMENT TO THE
AGREEMENT BETWEEN SANTA CLARA COUNTY AND THE CITY OF
CUPERTINO FOR ABATEMENT OF WEEDS
WHEREAS, there has been presented to the City Council a proposed Fifth
Amendment to the Agreement between Santa Clara County and the City of Cupertino for
abatement of weeds,.attached hereto as Attachment A; and
WHEREAS, the terms, conditions and provisions of the agreement have been reviewed
and approved by the Director of Administrative Services and the City Attorney.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby approves the aforementioned agreement and authorizes the Mayor to
execute said amendment on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 7'h day of September, 1999 by the following vote:
Vote Members of the City Council
AYES: Burnett, Chang, Dean, Statton
NOES: None
ABSENT: James
ABSTAIN: None
ATTE- T: APPROVED:
lthtl6
ity Clerk Mayor, City of upertino
F
Attachment A
Proposed Amendment
FIFTH AMENDMENT TO THE AGREEMENT BETWEEN SANTA CLARA COUNTY
AND THE CITY OF CUPERTINO FOR ABATEMENT OF WEEDS
The Agreement for the Abatement of Weeds (Agreement) between the County of Santa Clara
(County) and the City of Cupertino (City) previously entered into on March 1, 1976, as amended
on May 4, 1981, February 15, 1983, January 14, 1996 and August 18, 1998 is hereby amended
to increase 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:
County shall render to 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 10th day of
August of each year, which shall include the County's administrative costs of 140% of the cost of
the weed abatement contractor for the respective parcels for which services were performed.The
statement shall include the 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.
2. Duration of Agreement
Section 13. of the Agreement shall be amended to read as follows:
The Agreement became effective on the date of execution and shall run until the governing body
of the City or the County shall exercise the right to terminate this Agreement as of the 1st day of
September of any year, by giving notice to the other party not less than 10 days prior to the date
of termination.The increased charge for the County's administration costs shall be effective
• commencing with the Fiscal Year 2000 weed abatement season.
Except as modified herein, all other terms and conditions of the Agreement remain the same.
SANTA CLARA COUNTY .CITY OF CUPERTINO
Paul D. Romero, Director Wally Dean, ayor
Environmental Resources Agency
August 17, 1999 Date n
Approved as to form and legality:
James E. Lewis,
Deputy County Counsel • •
County of Santa Clara
iii
Environmental Resources Agency
'ire Marshal's Office -Santa Clara County Fire Department '� �`5• G
;ounq+Government Center, East Wing S \ `
70 West Bedding Street, 7th Floor -y ,x-;n �
San Jose. California 95110-1705 •'TA C\-'
(408)299-3805 FAX 279-8537
July 20, 1999
•
Ms. Carol Atwood
Department of Administration Services
City of Cupertino
10300 Torre Ave.
Cupertino, CA 95014
Re: Proposed Amendment to Adjust Hazardous Vegetation Management Program Fees
Dear Ms.Atwood,
For the past twenty years Santa Clara County has provided hazardous vegetation management
services to local jurisdictions in order to address the issue of public fire safety in a cost effective
manner. Since then, we have been fortunate to create partnerships with twelve jurisdictions to
provide timely weed and brush abatement services and thereby reduce fire danger.
The economy of scale employed by this Program and our efforts to keep administrative costs to a
minimum have allowed us to continue to provide these services to your residents at minimal cost.
We are committed to minimizing costs, but at the same time we must ensure cost recovery of the
Hazardous Vegetation Management Program as directed by the Santa Clara County Board of
Supervisors.
• Beginning with the start of the 1999/2000 weed abatement season in September 1999 we
propose to raise our Hazardous Vegetation Management Program fees from 130%to 140% of •
the weed abatement contract costs.The proposed County administrative cost increase will
•equate to an average increase of only 4.35%or$7.05 per parcel in your jurisdiction.This increase
will cover the rising costs of Program administration anticipated for FY00 due to the negotiated
labor union contract costs recently approved by the Santa Clara County Board of Supervisors
which includes salary and benefit increases. A proposed amendment to our agreement for weed '
abatement services is provided in Attachment A.
The property owner would only incur costs if they choose not to maintain their property according
to the minimum fire safety standards and the County provides weed abatement services. In
keeping with the procedures of the current Program, if a property owner provides their own
abatement, they are not assessed a fee for our inspection services.
For your reference we have provided Attachment B that summarizes the number of parcels
inspected, number of parcels abated and the average cost per parcel including Program fees for
weed abatement services in your jurisdiction for the 96/97 and 97/98 seasons. Attachment C
provides an accounting of the Hazardous Vegetation Management Program on a county-wide
Board of Supervisors: Donald F. Gage, Blanca Alvarado. Pete McHugh.James T. Beall Jr..S.Joseph Simitian
County Executive: Richard Wittenberg ao++
9— f
basis for the same period of time. Even with the proposed fee adjustment, we believe the
benefits realized by the economy of scale still allow our services to be competitive.
Please let us know if we can provide any assistance as you carry the amendment forward to your City
Councils for approval. Considering our desire to provide uninterrupted service, we suggest the
approval process by your Council and our Board of Supervisors be completed this summer. Please
return a signed amendment to my attention by September 1, 1999. If you do not wish
to continue contracting with the County for weed abatement services, we would appreciate being
notified of your decision by August 4, 1999 so that we may inform our Board of Supervisors and
make any necessary adjustments to the Hazardous Vegetation Management Program. We
anticipate our Board will take action on the amendments August 17, 1999.
If you have questions, please don't hesitate to contact me at(408) 299-3805 ext. 207. We thank
you for your support will look forward to working with you.
•
Sinc�rely,��-
v
Judy Saunders,
,Sr. Deputy Fire Marshal
•
Attachments
•
Attachment A: Proposed Amendment
Attachment B: Jurisdictional Summary •
Attachment C: County-wide Summary
•
cc: Richard Wittenberg, County Executive
Paul D. Romero, Director
. . Peter Ng, Financial and Administrative Services Manager
Lauren Harvey, Sr. Management Analyst
Attachment A
Proposed Amendment
FIFTH AMENDMENT TO THE AGREEMENT BETWEEN SANTA CLARA COUNTY
AND THE CITY OF CUPERTINO FOR ABATEMENT OF WEEDS
The Agreement for the Abatement of Weeds (Agreement) between the County of Santa Clara
(County) and the City of Cupertino (City) previously entered into on March 1, 1976, as amended
on May 4, 1981, February 15, 1983, January 14, 1996 and August 18, 1998 is hereby amended
to increase 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:
County shall render to 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 10th day of
• August of each year, which shall include the County's administrative costs of 140%of the cost of
the weed abatement contractor for the respective parcels for which services were performed.The
statement shall include the 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.
2. Duration of Agreement
Section 13. of the Agreement shall be amended to read as follows:
The Agreement became effective on the date of execution and shall run until the governing body
of the City or the County shall exercise the right to terminate this Agreement as of the 1st day of
September of any year, by giving notice to the other party not less than 10 days prior to the date
of termination.The increased charge for the County's administration costs shall be effective •
commencing with the Fiscal Year 2000 weed abatement season.
Except as modified herein, all other terms and conditions of the Agreement remain the same.
SANTA CLARA COUNTY CITY OF CUPERTINO
Paul D. Romero, Director
Environmental Resources Agency
August 17, 1999 Date
Approved as to form and legality:
James E. Lewis,
Deputy County Counsel
q—i
•
Attachment B
Cupertino Jurisdictional Summary
96/97 Season 97/98 Season
Parcels Inspected 346 364
Parcels Abated 45 28
Avg. Cost/Parcel $162 $162
including Program fee
Note: The 98/99 season data is not yet completed. The proposed County
administrative cost increase to 140% of the cost of the weed abatement
contractor equates to an effective 4.35% increase in the average cost per
parcel.
Using the 97/98 season's average cost per parcel, the 4.35% increase
would equate to an increase per parcel of $7.05 in the 98/99 season.
Attachment C
County-wide Summary
FY 97 FY 98 FY 99
Actuals Actuals Estimated
Beginning Balance ($53,449) ($57,866) ($53,840)
Revenues 497,162 379,315 428,983
Expenditures:
Staffing 180,607 138,356 * 129,864 *
General 48,23T 23,350 28,473
Interest 20,41.2 22,902 20,000
Subtotal Program 249,256 184,608 178,337
Administration
Contract Abatement 252,323 190,681 206,362
501,579 375,289 384,699
Surplus (Deficit) (4,417) 4,026 44,284
Ending Balance (57,866) (53,840) (9,556)
* Both FY98 and FY99 staffing costs are artificially low due to salary
savings from vacancies due to turnovers and medical leave.
RESOLUTION NO. 99-265
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF FIFTH AMENDMENT TO THE
AGREEMENT BETWEEN SANTA CLARA COUNTY AND THE CITY OF
CUPERTINO FOR ABATEMENT OF WEEDS
WHEREAS, there has been presented to the City Council a proposed Fifth
Amendment to the Agreement between Santa Clara County and the City of Cupertino for
abatement of weeds, attached hereto as Attachment A; and
WHEREAS, the terms, conditions and provisions of the agreement have been reviewed
and approved by the Director of Administrative Services and the City Attorney.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby approves the aforementioned agreement and authorizes the Mayor to
execute said amendment on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 7t'day of September, 1999 by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
•
City Clerk Mayor, City of Cupertino
docs/agreeres.doc
Attachment A
Proposed Amendment
FIFTH AMENDMENT TO THE AGREEMENT BETWEEN SANTA CLARA COUNTY
AND THE CITY OF CUPERTINO FOR.ABATEMENT OF WEEDS
The Agreement for the Abatement of Weeds (Agreement) between the County of Santa Clara
(County) and the City of Cupertino (City) previously entered into on March 1, 1976, as amended
on May 4, 1981, February 15, 1983, January 14, 1996 and August 18, 1998 is hereby amended.
to increase 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:
County shall render to 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 10th day of
August of eachyear,which shall include the County's administrative costs of 140%of the cost of
the weed abatement contractor for the respective parcels for which services were performed.The
statement shall include the 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.
2. Duration of Agreement
Section 13. of the Agreement shall be amended to read as follows:
The Agreement became effective on the date of execution and shall run until the governing body
of the City or the County shall exercise the right to terminate this Agreement as of the 1st day of •
September of any year, by giving notice to the other party not less than 10 days prior to the date •
of termination. The increased charge for the County's administration costs shall be effective
commencing with the Fiscal Year 2000 weed abatement season.
Except as modified herein, all other terms and conditions of the Agreement remain the same.
SANTA CLARA COUNTY CITY OF CUPERTINO
Paul D. Romero, Director
Environmental Resources Agency
August 17, 1999 Date
Approved as to form and legality:
James E. Lewis,
Deputy County Counsel •