HomeMy WebLinkAboutCounty Weed Abatement - 1994 - 1999uu�
V emollandum ,
DW
10/19/93
Donald R. Duckworth, City Manager
Gerald R. Gardner, Fire Chief 2 Y'r -
Recommendation to Renew Weed Abatement Services Agreement with Los Angeles
County Agricultural Commissioner
The existing Weed Abatement Services Agreements between the City of Arcadia and
the County of Los Angeles is scheduled to expire on June 30, 1994.
Under the terms of the existing agreement, which has been in effect for the past five
years, the county agricultural commissioner performs weed abatement functions
within the city as directed by the fire department. All unimproved property that is
not adequately maintained by the property owner is cleared of all weeds, trash,
rubbish, etc., on an annual basis. The cost for all work performed is then placed on
the tax roll of subject properties as authorized by Title 4 of the Government Code;
sections 39560 through 39588 thereof.
There is no direct cost to the city for this service and minimal staff time is required
to administer the agreement. This program has functioned very effectively in the past
in providing weed abatement services for the removal of weed growth and debris
from vacant properties and it is recommended that we continue to contract with the
county for this service.
Recommendation
If this meets with your approval, it is requested that Council approve the services
agreement between the City of Arcadia and the County of Los Angeles to provide
weed abatement services for an additional five year period; July 1, 1994 through June
30, 1999 as set forth in the attached agreement.
Approved as to form:
Michael Mi ler. City Attorney
ve
Ap d y:
Donald R."Duckworthl City Manager
76T576T-
v
THIS AGREEMENT, dated for purposes of reference only
a_,gZMB 14 , 1921, is made by and between the COUNTY OF LOS
ANGELES, hereinafter referred to as "County," and the CITY OF
ARCA 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 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 hereinafter set
5
6
7
8
9
0
1
forth.
(c) Such contracts are authorized and provided for by the
provisions of Section 56 1/2 of the Charter of the County of Los
Angeles and Article 1, Chapter 1, Part 2, Division 1, Title 5 of
the Government Code.
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 Article 2, Chapter 13, Part 2,
Division 3, Title 4 of the Government Code, being Sections 39550
through 39588 thereof.
WA
7bT57bT-
1
2
3
4
5
6
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 said County and the statutes of the State of
California.
The level of service shall be that same basic level. of weed
abatement service only that is and shall be hereinafter during
the term of this agreement provided for unincorporated areas of
the County of Los Angeles by said Agricultural
commissioner /Director of Weights and Measures.
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 in the 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 officer, 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. All persons employed in the performance of such
services and functions for said City shall be County employees,
and no City Employee as such shall be taken over by said County,.
and no person employed hereunder shall have any City pension,
civil service, or any status or right.
10
S
9
0
1
2
6
7
8
9
41
.I
R ' - -, i ' f •, r,
76TS76T-
1
1
1
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.
5. 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 said 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 or
indemnity to any county employee for injury or sickness arising
out of his employment.
6. The Assumption of Liability agreement executed by the
parties to this agreement and approved by the Hoard of
Supervisors on December 27, 1977, currently in effect is hereby
made a part of and incorporated into this agreement as if set
out in full herein unless said assumption of Liability agreement
is expressly superseded by subsequent agreement hereafter
entered into between the parties hereto.
7. Unless sooner terminated as provided for herein, this
agreement shall be effective JULY 1 , 192¢ and shall extend to
June 30, 1999. At the option of the City Council of said City,
76T576T-
I ith the consent of the Board of Supervisors of said County,
2 his agreement shall be renewable for successive periods not to
3 1 xceed five (5) years each.
4 In the event City desires to renew this agreement for any
5 succeeding five -year period, the City Council, not later than
B December 30 next preceding the expiration date of this
7 greement, notify the Board of Supervisors of County that it
8 fishes to renew the same, whereupon said Board of Supervisors,
9 iot later than the first day of July, shall notify said City
1 0 ouncil in writing of its willingness to accept such renewal for
11 in additional five -year period or such other term as it deems
12 ELdvisable, otherwise such agreement shall finally terminate at
L3 the end of such five -year period.
L4 Notwithstanding the provisions of this paragraph
L5 hereinbefore set forth, the City may terminate this agreement as
L6 of the thirtieth day of June of any year upon notice in writing
L7 to the County on or before May 31 of the same year. The County
L8 may terminate this agreement at any time upon thirty (30) days
.9 prior written notice to the City.
1 0 8. Notwithstanding anything to the contrary herein
l contained, this contract shall be sooner terminated upon the
2 failure of the City to adopt a resolution declaring that weeds
3 upon parcels of property located within said City to be a public
4 nuisance as provided for in Section 39571 of the Government
5 Code.
6
7
S ///
76T
11
21
9
10
9. It is the intent of this agreement that the
icultural Commissioner /Director of Weights and Measures of
3 he County shall constitute the public officer designated by the
4 ity Council to perform the duties imposed by Article 2, Chapter
5 3, Part 2, Division 3, Title 4 of the Government Code, and that
6 he City Council of said City shall perform the duties of the
7 egislative body as set forth in said article.
8 1o. For and in consideration of the rendition of the
oregoing services by the County, City agrees that the costs of
bating such weeds shall be assessed in the manner set forth in
11 ticle 2, Chapter 13, Part 2, Division 3, Title 4 of the
12 overnment Code, which includes the recovery of costs of
13 Lnspection of the subject property and that upon collection of
14 uch assessments, they will be paid over to the County.
15 11. The parties hereto contemplate that the services of
16 the County are limited to weed abatement work and agree that
17 much services are for no other or additional work.
18
19
20
21
22
23
24
25
26
27
28 /I/
i
76T S 76T-
1 IN WITNESS HEREOF, the City of _ RCADIA_ by motion duly
2 dopted by its City Council, caused this agreement to be signed
3 y its Mayor and attested by its Clerk, and the County of Los
4 geles, by order of its Board of Supervisors, has caused these
5 resents to be subscribed by the Chairman of said Board and seal
6 f said Board to be affixed thereto and attested by the Clerk of
7 he Board.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
APPROVED AS TO FOAM: 7 /
B M tl�� '
Y
Michael H. Mi ler
Arcadia City Attorney
EST:
City Clerk
0
Mayor
COUNTY OF LOS ANGELES
By
Chairman
Board of Supervisors
LARRY J. MONTEILH, Executive Officer
Clerk of the Board of Supervisors
By
Deputy
APPROVED AS TO FORM:
DEWITT W. CLINTON, County Counsel
27
Deputy • ,
28
�� a r.� ►��