HomeMy WebLinkAboutItem 12i - Weed Abatement Services Renewal/Agreement
DATE: May 7, 2019
TO: Honorable Mayor and City Council
FROM: Dominic Lazzaretto, City Manager
By: Lisa Mussenden, Chief Deputy City Clerk/Records Manager
SUBJECT: RENEWAL OF THE WEED ABATEMENT SERVICES AGREEMENT
BETWEEN THE CITY OF ARCADIA AND THE LOS ANGELES COUNTY
AGRICULTURAL COMMISSIONER/WEIGHTS AND MEASURES
DEPARTMENT
Recommendation: Approve
SUMMARY
The existing Weed Abatement Services Agreement (the “Agreement”) between the City
of Arcadia and the County of Los Angeles (the “County”) expires on June 30, 2019.
Through the Agreement, the County inspects vacant properties within the City and takes
corrective actions to ensure that they do not become public nuisances. It is
recommended that the City Council approve the renewal of the Weed Abatement
Services Agreement with the County of Los Angeles for an additional five-year period
from July 1, 2019, through June 30, 2024.
DISCUSSION
Under the terms of the existing Agreement, the County of Los Angeles Agricultural
Commissioner/Weights and Measures Department performs weed abatement functions
within the City of Arcadia. As part of the City’s fire prevention efforts, all designated
improved properties and unimproved properties that are not adequately maintained by
the property owners are cleared of weeds, brush, or rubbish, as directed by the Arcadia
Fire Department. The cost of all work performed is assessed and placed on the tax roll
of subject properties in the manner set forth in Government Code Sections 39573 to
39585. In addition, any parcels (except tax-exempt parcels) upon which weeds, brush,
or rubbish are declared to be a public nuisance are assessed the County -approved
inspection fee whether or not it was necessary to perform abatement work upon the
parcel. The collection of such assessments is then paid over to the County.
Renewal of Weed Abatement Services Agreement
May 7, 2019
Page 2 of 2
This program has worked very effectively in the past. The services provided by the
County for the removal of weed growth and debris from vacant properties are in
compliance with the County’s and the City’s hazardous vegetation clearance standard.
Therefore, it is recommended that the City continue to contract with the County for this
service.
ENVIRONMENTAL ANALYSIS
This proposed action does not constitute a project under the California Environmental
Quality Act (“CEQA”), and it can be seen with certainty that it will have no impact on the
environment. Thus, this matter is exempt under CEQA.
FISCAL IMPACT
There is no direct cost to the City of Arcadia for this service , and minimal staff time is
required to administer this Agreement. The inspection fee and cost of all work
performed by the County is assessed and placed directly upon the tax roll of subject
properties.
RECOMMENDATION
It is recommended that the City Council approve, and authorize and direct the City
Manager to execute, the renewal of the Weed Abatement Services Agreement between
the City of Arcadia and the Los Angeles County Agricultural Commissioner/Weights and
Measures Department.
Attachment: Proposed Weed Abatement Service Agreement
WEED ABATEMENT SERVICE
AGREEMENT
THIS AGREEMENT, dated upon execution by both parties is made by and between the
County of Los Angeles, hereinafter referred to as "County," and the CITY OF ARCADIA,
hereinafter referred to as "City."
RECITALS:
(a) The City is desirous of contracting with the County for the performance of weed
abatement functions within its boundaries on unimproved and designated improved properties by
the County of Los Angeles, acting through its Agricultural Commissioner/Director of Weights
and Measures.
(b) The County is agreeable to rendering such weed abatement services on the terms
and conditions set forth in this Agreement.
(c) This Agreement is authorized and provided for by the provisions of Section 56 ½ of
the Charter of the County of Los Angeles and California Government Code (Government Code)
section 51301 and is permissible in accordance with Government Code sections 54980 and
54981.
THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. The County agrees, through the Agricultural Commissioner/Director of Weights
and Measures, to provide weed abatement services within the corporate limits of the City in
accordance with the provisions of Government Code sections 39560 through 39588.
Such services shall encompass the weed abatement duties and functions of the type
coming within the jurisdiction of and customarily rendered by the Agricultural
Commissioner/Weights and Measures Department of the County of Los Angeles under the
Charter of County and the statutes of the State of California.
The level of service shall be the same basic level of weed abatement service that
County otherwise provides for in the unincorporated areas of the County of Los Angeles by said
Agricultural Commissioner/Director of Weights and Measures.
The County shall have the discretion to terminate services on tax default parcels.
The rendition of such services, the standard of performance, and other matters
incidental to the performance of such services, and the control of personnel so employed shall
remain at the discretion of the County.
The standard for hazardous vegetation clearance shall be equivalent to the
Los Angeles County Fire Code, sections 325.2.1 and 325.2.2 being the same that applies in the
unincorporated areas of the County of Los Angeles unless some other standard is requested by
the City in writing and agreed to by County.
2. To facilitate the performance of said functions, it is hereby agreed that the County
shall have full cooperation and assistance from the City Council and other City officers, agents,
and employees.
3. For the purpose of performing said functions, County shall furnish and supply all
necessary labor, supervision, equipment, and supplies necessary to maintain the level of service
to be rendered hereunder.
4. The County shall perform the work contemplated with resources available within its
own organization and no portion of the work shall be subcontracted, except that the County may
subcontract specialized equipment and/or services pursuant to County procurement procedures
using a competitive bidding process.
5. No City Employee as such shall be utilized for providing services rendered by
County, and no person employed hereunder shall have any City pension, civil service, or any
status or right.
For the purpose of performing such services and functions, and for the purpose of
giving official status to the performance thereof where necessary, every County officer and
employee engaged in the performance of any service hereunder shall be deemed to be an officer
or employee of said City while performing services for said City, which services are within the
scope of this Agreement and are purely municipal functions.
6. City shall not be called upon to assume any liability for the direct payment of any
salaries, wages, or other compensation to any County personnel performing services hereunder
for the County, or any liability other than that provided for in this Agreement.
Except as herein otherwise specified, the City shall not be liable for compensation
and/or indemnification to any County employee for any injury or sickness arising out of their
employment.
7. The parties hereto have executed an Assumption of Liability Agreement approved
by the Board of Supervisors on December 27, 1977 and/or a Joint Indemnity Agreement
approved by the Board of Supervisors on October 8, 1991. Whichever of these documents the
City has signed later in time is currently in effect and is hereby made a part of and incorporated
into this Agreement as if set out in full herein. In the event that the Board of Supervisors later
approves a revised Joint Indemnity Agreement and the City executes the revised Agreement, the
subsequent Agreement as of its effective date shall supersede the Agreement previously in effect
between the parties hereto.
The City understands and agrees that the fire protection indemnity provided in the
Government Code sections 850 and 850.2 applies to the County for work pursuant to this
Agreement.
8. This Agreement shall be effective commencing July 1, 2019, through June 30,
2024, unless sooner terminated as provided for herein.
The City may terminate this Agreement as of the thirty-first day of December of
any year upon notice in writing to the County on or before September 30 of the same year. The
County may terminate this Agreement at any time and for any reason upon thirty (30) days' prior
written notice to the City.
9. The City, acting through its City Council, will perform the necessary functions
required of the legislative body to which is referred in Government Code sections 39560 through
39588, as they relate to the execution of this Agreement.
10. If the City fails to adopt a resolution declaring that weeds upon parcels of property
located within the City to be a public nuisance pursuant to Government Code section 39561, then
the County shall have no obligation to carry out its duties under this Agreement until such year
that the City does adopt such resolution, unless the City’s failure occurs in the final year of this
Agreement, which shall mean the Agreement terminates.
11. It is the intent of this Agreement that the Agricultural Commissioner/Director of
Weights and Measures of the County shall constitute the public officer designated by the City
Council to perform the duties imposed by Government Code section 39560(a), and that the City
Council of said City shall perform the duties of the legislative body as set forth in said section.
12. For and in consideration of the rendition of the foregoing services by the County,
the City agrees that the costs of abating such weeds shall be assessed in the manner set forth in
Government Code sections 39573 to 39585, and that upon collection of such assessments, they
will be paid over to the County.
13. Each parcel, except tax-exempt parcels, upon which weeds, brush or rubbish are
declared to be a public nuisance pursuant to paragraph 9 of this Agreement shall be assessed the
current Board of Supervisors approved inspection fee whether or not it was necessary to perform
abatement work upon the parcel.
14. The parties hereto contemplate that the services of the County are limited to weed
abatement work and agree that such services are for no other or additional work.
15. This Agreement contains the entire Agreement between the County and the City for
weed abatement services. This Agreement may not be modified except by formal amendment
executed by the duly authorized representatives of the parties hereto.
16. Notices regarding this Agreement shall be addressed as follows:
COUNTY:
Raymond B. Smith
Deputy Director
Los Angeles County Department of Agricultural Commissioner/
Weights & Measures
12300 Lower Azusa Road
Arcadia, California 91006-5872
CITY:
Gene Glasco
Office of the City Clerk
City of Arcadia
240 West Huntington Drive
Arcadia, California 91007
IN WITNESS HEREOF, the CITY OF ARCADIA, by motion duly adopted by its City
Council, caused this Agreement to be signed by its Mayor and attested by its Clerk, and the
County of Los Angeles, by order of its Board of Supervisors, has caused these presents to be
subscribed by the Chair of said Board and seal of said Board to be affixed thereto and attested by
the Clerk of the Board.
CITY OF ARCADIA
By
Mayor
COUNTY OF LOS ANGELES
By
Mayor, Los Angeles County
ATTEST:
By
City Clerk
CELIA ZAVALA, Executive Officer
Clerk of the Board of Supervisors
By
Deputy
APPROVED AS TO FORM
BY COUNTY COUNSEL:
MARY C. WICKHAM
By
Deputy County Counsel