HomeMy WebLinkAboutResolution 99-047 N.C.S. 03/01/1999 1 Resolution No. 99-4.7 I.C.S.
3 of the City of Petaluma, California
4 RESOLJTION APPROVING THE AG1tEEMENT BE~'WEEN THE CITY OF
5 PETAIUNIA AND THE SONOMA COUNTY COMMUNITY DEVELOPMENT
6 COMMISSION FOR THE. ADMINISTRATION OF PETALUMA MOBILE
7 HOME RENT STABILIZATION PROGRAM
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12 WHEREAS, the City of Petaluma has adopted a rent stabilization ordinance and
13 program for mobile home parks in the community; and
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15 WHEREAS, the City has entered into an agreement with the Sonoma County Community
16 Development Commission to administer that ordinance; and
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18 WHEREAS, that agreement will expire on March 26, 1999; and
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20 WHEREAS, the City wishes to have the Commission continue to administer the
21 ordinance for an additional five year term (June 30, 2003);'
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23 .NOW THEREFORE BE IT RESOLVED, that the Petaluma City Council approves the
24 Agreement (Attachment A to this resolution) and authorizes the City Manager or his
25 designee to sign all necessary documents.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council. of the City of Petaluma at a (Regular) ~~~1) meeting fO~
on the ....1St day of _..........M.~I'ch.................................., 16..99., by the
following vote: .
pity Attorney
AYES: Healy, Torliatt, Cader-Thompson, Hamilton, Maguire., Vice Mayor Keller
NOES: None
ABSENT: Mayor Thom
ATTEST: .....c
City Clerk Ma or
y Clerk 77rompsan
Cbuacil File..p
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CA tB.H5 RcS. Nc~......9.~.-.`5.1........._. N.C.S.
ATTACHi1~TENT A
. AGP\E='-tit+E_NT
BETWEEN THE CITY OF P'ETALUMA AND -
THE S.ONOMA GOUNTY COMMUNITY QEVELbPMENT COMMISSION'
FOR ADMINISTRATION OF PETALUMA MOBILEHOME RENT STABILIZATION' PROGr~.1~1
AND HOLD HARMLESS, INDEMNIFICATION AND DEFENSE -
AGREEMENT
TH1S CONTRACT, made this 4th day of January., 1;999, by and between the Sonoma County ,
Commission Comrrmunity Development Commission, hereinafter called "Commission," and .City of
Petaluma, hereinafter called "City."
WHEREAS, City has adopted a rent. stabiiizaticn ordinance and program for mobilehome
parks within City modeled upon one adopted. by the Sonoma County .Commission Board cf
Supervisors; and
WHEREAS, the ,previous agreemEnt between the Commission and City expires on Marcie 2`?.
1999; and
WHEREAS, City desires to have Commission contir•Eue to administer said program within ,h
City boundaries, and Commission has expertise aril start to continue such services.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties
hereto agree as,follows:
1. SCOPE OF SERVI,C'E: Comrni_ssion shad administer the mobilehome rent stabilization
ordinance of City (attached hereto :and incorporated herein by reference°as Exhibit "A") in a Like
manner to the comparable Sonoma Commission Mobilehome Park Space Rent Stabilization
Ordihance (attached hereto and incorporated herein by reference as Exhibit. "B"). Said services shall
include providing a clerk. to process arbitration petitions and qualified arbitrators for administrative
hearings: The City expressly makes Commission and: its staff agents of City for purposes of appi.ying
and interpreting the comparable. rent stabilization ordinance of City„ and agrees to be bound by the
judgments of its agents in matters of interpretation and application ofi said City law: Where
differences between ttie City ordinance and the Commission ordinance exist, Commission stafr w~11
confer with City staff `to agree'n the methodology to t:e used in administering the diferences, in' the
law, Corrimisson shall be:free not to administer laws of City which it deems unlawful or likely to incur
Cornrnission liability not within the scope of the inCemnification agreement set forth below.
2. INDEMNIFICATIQN AND HOLD HARMLESS: City holds harmless the Commission, its
agents, officers, and employees, from any and all. claims or actions of any kind arsing out of or
related to the administration of this contract and for all acfiens; rulings, legal judgments and
interpretations made about City's ordinance in administering City's program, and agrees to indarir~ify
Commission for all costs, eXpense and/or damage awards which arise in the administration andlcr
application of the ordinance, including, but not limited to, ir~terpr~tation of the terms, scope and
purpose of the ordinance; provided, however, that Commission shall perorm all such services in the
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;manner and according toahe standards observed b:y a ccr*~petent practitioner in the administration
and application of rent stabilization ordinance..
3. TERMINATI>ON: Either party hereto may.te~rminate this agreement upo.n.th_irfy days
notice of the intent to terminate this agreement, with service of said notice being made as follows:
GOMMCSSIO'N:
Janie V: 1Nalsn, .Executive Director -
" Sonoma Commission Community Development Commission
1440 Guernevill:e .Road
Santa Rosa CA 95403
CITY:
Fred Stouder, City Manager -
City of Petaluma
11 English St°.
Petaluma CA 94952 '
4. Commission will be paid for ail services rendered: Commission will be paid at the rate
of $60.00 per hour for services .rendered `in the administration of the City mobilehome rent
stabilization ordinance. Annual services are anticipated not to'excecd one hundred eight (10$}
hours per year. ~ Invoice's shall be sent to the City on a monthly basis. Services in excess of one
hundred.'eight (10.8) Flours must be negotiated and the subject matter of a separate written
modification of this contract. Where arbitrators are deemed to be necessary, they shall be paid'by
Commission and reimbursed by City for actual amount incurred. Currently arbitrators are paid at the.
rate of $350 per day. -
5. SERVICES LIMITED TO~ADMINISTRATION: The Ordinance policy, findings and/or
language- adopted by City is solely the responsibility of City. Commission shali~ not.. be expected to
defend sale! policy, findings and/or language or litigate. cases which challenge the-law's facial validity
'except as. may: hereafter be agreed by separate written modification of this contract.
6. IN.CIDENTAL'LE'G/AL SERVICES RELATED TO ADMlNISTRATI.ON OF CITY
PROGRAM: City shall pay th'e Commission at the cpte of X113.50 per hour for County Counsel .
services provi'd'ed to City in counseling Commissiorn staff regarding the administration of City's rent
stabilization :pt^og~ram..Commission Counsel shall riot be. responsible for recommending or
suggesting modifications of the language of City's ordinance. Annual services from Commi"ss,ion
.Counsel is not anticipated to exceed Ninety (90} hours per year. If services necessary to administer
said program appear= to exceed this estimate, City may elect to involve its City Attorney in place of
Commission Counsel. Additions( legal services in excess of Ninety (°0) hours must be negotiated
and the subject matter of a separate written modification of this contract.
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7.. N0 INTENDED THfRDr PARTY BENE'FIC'IARIES; 'The parties hereto agree-,and.
acknowledge that this contract does not provide for any intended third .party beneficiaries, and no
suif against eifher party ma,y be based upon such a claim: This agreement shall be enfo~ceabie on)y
by the parties hereto.
8. TERM. AND RENEWAL: The term of the agreement shall commence March 27, 1:999
and end June 30, 200.3. The rates under section 4 and 6 may be amended. annually effective July
1st.
9. RECORDS: Except for materials that may be subject to the attorney client privilege,
,records maintained by the Commission in the administration of City`s rent stabilization program are
. City's. All such documents shall be returned to City upon the expiration of~this agreement or
extension thereon.
10. AMENDMENTS TO CITY RENT STABLLIZATIQN ORDINANCE: Any and ali changes
or proposed changes to tFie Cify .rent. stabilization ordinance shall` be. promptly communicated to the
mobilehome specialist at"the Community Development Commssi.ori with sufficient notice to
accommodate adminisfratiwe adjustments that may become necessary to implement the change or
changes in the City ordinance.
11. .MERGER: This is intended bofh as the final. expression of the agreement between the
parties with respect to the includedterms, and as a complete and .exclusive statement of the terms' of
:agreement,. pursuant to Code of Civia:Procedure Section 1856.:. No modification of fhis agreement
shall be effective unless and until such modification is evidenced by a writing signed by both panes.
1N WITNE'SS INHERE"OF THE PARTIES HAVE .CAUSED T HI'S fNSTRUMENT TO BE DULY
EXECUTED. .
Date: CITY OF PETALUMA:
By: -
Cty Manager
. ,D`ated COMMISSLON:
By:
for the County. of Sonoma and the
Sonoma County Community
Development Commission
Dated: AFPR~OVED AS TO FORM:
By:
County Counsel
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