HomeMy WebLinkAboutStaff Report 6.A 04/03/2006CITY OF PETALUMA, CALIFORNIA
AGENDA BILL
Agenda Title: Discussion And Possible Action To Adopt A
Resolution To Renew An Agreement Between The City Of
Petaluma And The Sonoma County Community Development
Commission To Administer The Mobile Home Rent Stabilization
Program.
Meeting Date:
April 3, 2006
6.A
April 3, 2006
Meeting Time: ® 3:00 PM
❑ 7:00 PM
Category (check one): ❑ Consent Calendar ❑ Public Hearing ® New Business
❑ Unfinished Business ❑ Presentation
Denartment: Director: n�� Contact Person: Phone Number:
Community Mike Moor Ij Bonne Gae er_VV 778-4555
Development
Cost of Proaosal: Account Number:
Administration $75/hour (not -to -exceed 108 hours) 2130-P202010-54130
County Counsel $160/hour (not -to -exceed 90 hours) Name of Fund:
Anticipated Expenditures $3,000 (through 2006-2007) Mobile Home Rent Stabilization
Amount Budgeted $3,750
Attachments to Agenda Packet Item:
#1. Multi-year revenue and Expenditure Spreadsheet
#2. Draft Resolution with Agreement (Attachment A to Resolution)
Summary Statement: The City of Petaluma initially entered into an agreement with the Sonoma County
Community Development Commission (The Commission) in 1994 and that agreement was renewed in
1999 and 2003. The existing agreement will expire in June of 2006 and the proposed updated agreement
would expire in June of 2009.
The Commission provides day-to-day information and referral services to the residents of Petaluma's
mobile home communities regarding our rent stabilization ordinance and provides all services required to
process arbitration petitions, including the selection of qualified arbitrators for administrative hearings.
Recommended Citv Council Action/Suggested Motion: Adopt A Resolution To Renew An Agreement
Between The City Of Petaluma And The Sonoma County Community Development Commission To
Administer The Mobile Home Rent Stabilization Program.
Reviewed by Admin. Svcs. Dir: n
Todav's Date:
March 3, 2006
Reviewed by City Attornev:
Date:
Revision # ari 6 to Revised:
Arm roved by City Manager:
� 1// Date:
File Code:
2006mobhomeagmt/d
CITY OF PETALUMA, CALIFORNIA
April 3, 2006
AGENDA REPORT
FOR
Discussion And Possible Action To Adopt A Resolution To Renew An Agreement Between The
City Of Petaluma And The Sonoma County Community Development Commission To
Administer The Mobile Home Rent Stabilization Program
1. EXECUTIVE SUMMARY: The City of Petaluma initially entered into an agreement with
the Sonoma County Community Development Commission (the Commission) in 1994
and that agreement was renewed in 1999 and 2003. The existing agreement will expire in
June 2006 and the proposed updated agreement would expire in June 2009.
The Commission provides day-to-day information and referral services to the residents of
Petaluma's mobile home communities regarding our rent stabilization ordinance and
provides all services required to process arbitrations petitions, including the selection of
qualified arbitrators for administrative hearings.
2. BACKGROUND: The City Council adopted the Mobile Home Rent Stabilization
Ordinance in 1994. At that time, the City entered into a contract with the Commission to
administer the program. As part of that agreement, Commission staff fields questions,
interprets the ordinance language for park residents, owners, and managers, calculates the
allowable annual rent increases, and performs other related services.
ALTERNATIVES: Approve the attached agreement.
Direct staff to develop an alternative agreement.
4. FINANCIAL IMPACTS: The rent stabilization program is included in the Housing Budget.
As shown on Exhibit #1, the average annual costs to administer this program have
returned to a minimal amount following the Sandalwood arbitration and related expenses.
The cost to the Commission during this fiscal year is estimated to be approximately
$3,000, with ample revenues to cover those anticipated expenses.
The actual cost of the program and of this contract is funded by the rent stabilization
administrative fee which is assessed against the park owners and the residents on an equal
basis. Council will review and act on that staff report in conjunction with this item.
The City is billed by the Commission for services rendered on a "time and materials"
basis. Where arbitrators are deemed to be necessary, they are paid by the Commission
and reimbursed by the City for the actual expenses incurred.
5. CONCLUSION: The Commission administers this program in an effective and efficient
manner and is responsive to all City staff requests and questions.
E. OUTCOMES OR PERFORMANCE MEASUREMENTS THAT WILL IDENTIFY SUCCESS OR
COMPLETION:
The Mobile Home Rent Stabilization program will continue to be administered in a fair
and efficient manner and the City will continue to receive expert advice and counsel.
RECOMMENDATION: Adopt the resolution approving the agreement and direct the City
manager to sign all appropriate documents.
Mobhmagmt/d
1/25/20061:44 PM
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Revenue
Expenditures
So Cc Community Develop
City Attorney
So Cc Counsel
Miscellaneous
Total Expenditures
Revenue over Expenditures
Beginning Balance
Ending Rnlnner
CITY OF PETALUN" CA
MOBILE HOME RENT STABB.IZATION PROGRAivI
Fund Bulunce as of 12/31/05
6/30/1996
6/30/1997
6/30/1998
6/30/1999
6/30/2000
6/30/2001
6/30/2002
6/30/2003
6/30/2004
6/30/2005
12/31/2005
4208.75
3570
5,990.00
1,920.00
1,875.00
1,785.00
2,805.00
5,310.00
5,790.00
5,550.00
-
1,040.00
863.00
1,925.00
30.00
60.00
5,966.01
7,255.00
2,167.63
209.05
262.50
371.63
177.60
4,867.00
375.00
11,502.75
1,306.50
1201.00
47.50
29.88
184.36
3.36
5.09
10.08
(10.08)
1,459.13
1,224.96
1,928.36
'30.00
65.09
39.96
10,822.93
7,630.00
13,670,38
1,51555
1,463.50
2,749.62
2,345.04
4,061.64
1,890.00
1,809.91
1,745.04
(8,017.93)
(2,320.00)
(7,880.38)
4,034.45
(1,463.50)
4,799.41
7,549.03
9,894.07
13,955.71
15,845.71
17,655.62
19,400.66
11.382.73
9,062.73
1,182.35
5,216.80
7,549.03
9,894.07
13,955.71
15,845.71
17,655.62
19,400.66
11,382.73
9,062.73
1,182.35
5,216.80
3,753.30
EXHIBIT #2
RESOLUTION APPROVING THE AGREEMENT BETWEEN THE CITY OF PETALUMA
AND THE SONOMA COUNTY COMMUNITY DEVELOPMENT COMMISISON FOR THE
ADMINISTRATION OF THE PETALUMA MOBILE HOME RENT STABILIZATION
ORDINANCE
WHEREAS the City of Petaluma (the City) has adopted a mobile home rent stabilization
ordinance for mobile home parks in the community; and
WHEREAS the City has entered into an agreement with the Sonoma County Community
Development Commission (the Commission) to administer that ordinance; and
WHEREAS that agreement will expire in June 2006; and
WHEREAS the City wishes to. contract with the Commission to continue to administer the
ordinance for an additional term (through June 2009);
NOW THEREFORE BE IT RESOLVED that the Petaluma City Council approves the
Agreement (Attachment A to this resolution) and authorizes the City Manager or his designee to
sign all necessary documents.
6
ATTACHMENT A
AGREEMENT
BETWEEN THE CITY OF PETALUMA AND
THE SONOMA COUNTY COMMUNITY DEVELOPMENT COMMISSION
FOR ADMINISTRATION OF PETALUMA MOBILEHOME RENT STABILIZATION PROGRAM
AND HOLD HARMLESS, INDEMNIFICATION AND DEFENSE
AGREEMENT
THIS CONTRACT, made this day of March 2006, by and between the Sonoma County
Commission Community Development Commission, hereinafter called "Commission," and City of
Petaluma, hereinafter called "City."
WHEREAS, City has adopted a rent stabilization ordinance and program for mobilehome
parks within City modeled upon one adopted by the Sonoma County Commission Board of
Supervisors; and
WHEREAS, the current agreement between the Commission and City expires on June 30,
2006; and
WHEREAS, City desires to have Commission continue to administer said program within the
City boundaries, and Commission has expertise and staff to continue such services.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties
hereto agree as follows:
1. SCOPE OF SERVICE: Commission shall 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
Ordinance (attached hereto and incorporated herein by reference as Exhibit "B"). Said services shall
include day-to-day response to citizen inquiries and 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 applying 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 of said City law. Where differences between the City ordinance and the Commission
ordinance exist, Commission staff will confer with City staff to agree in the methodology to be used in
administering the differences in the law. Commission shall be free not to administer laws of City
which it deems unlawful or likely to incur Commission liability not within the scope of the
indemnification agreement set forth below.
2. INDEMNIFICATION AND HOLD HARMLESS: City holds harmless the Commission, its
agents, officers, and employees, from any and all claims or actions of any kind arising out of or
related to the administration of this contract and for all actions, rulings, legal judgments and
interpretations made about City's ordinance in administering City's program, and agrees to indemnify
Commission for all costs, expenses and/or damage awards which arise in the administration and/or
application of the ordinance, including, but not limited to, interpretation of the terms, scope and
purpose of the ordinance; provided, however, that Commission shall perform all such services in the
manner and according to the standards observed by a competent practitioner in the administration
and application of rent stabilization ordinance.
3. TERMINATION: Either party hereto may terminate this agreement upon thirty days
notice of the intent to terminate this agreement, with service of said notice being made as follows:
COMMISSION:
Kathleen H. Kane, Executive Director
Sonoma Commission Community Development Commission
1440 Guerneville Road
Santa Rosa CA 95403
CITY:
Bonne Gaebler, Housing Administrator
City of Petaluma
11 English St.
Petaluma CA 94952
4. Commission will be paid for all services rendered. Commission will be paid at the rate
of $75.00 per hour for services rendered in the administration of the City mobilehome rent
stabilization ordinance. Annual services are anticipated not to exceed one hundred eight (108) hours
per year. Invoices shall be sent to the City periodically. Services in excess of one hundred eight
(108) hours 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. .
5. SERVICES LIMITED TO ADMINISTRATION: The Ordinance policy, findings and/or
language adopted by City is solely the responsibility of City. Commission shall not be expected to
defend said 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. INCIDENTAL LEGAL SERVICES RELATED TO ADMINISTRATION OF CITY
PROGRAM: City shall pay the Commission at the rate of $160.00 per hour for County Counsel
services provided to City in counseling Commission staff regarding the administration of City's rent
stabilization program. Commission Counsel shall not be responsible for recommending or
suggesting modifications of the language of City's ordinance. Annual services from Commission
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. Additional legal services in excess of Ninety (90) hours per year must be
negotiated and the subject matter of a separate written modification of this contract.
7. NO INTENDED THIRD PARTY BENEFICIARIES: The parties hereto agree and
acknowledge that this contract does not provide for any intended third party beneficiaries, and no suit
against either party may be based upon such a claim. This agreement shall be enforceable only by
the parties hereto.
8. TERM AND RENEWAL: The term of the agreement shall commence July 1, 2006 and
end June 30, 2009. The rates under section 4 and 6 may be amended annually effective July 1 st.
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 STABILIZATION ORDINANCE: Any and all changes
or proposed changes to the City rent stabilization ordinance shall be promptly communicated to the
mobilehome specialist at the Community Development Commission with sufficient notice to
accommodate administrative adjustments that may become necessary to implement the change or
changes in the City ordinance.
11. MERGER: This is intended both as the final expression of the agreement between the
parties with respect to the included terms, and as a complete and exclusive statement of the terms of
agreement, pursuant to Code of Civil Procedure Section 1856. No modification of this agreement
shall be effective unless and until such modification is evidenced by a writing signed by both parties.
IN WITNESS WHEREOF THE PARTIES HAVE CAUSED THIS INSTRUMENT TO BE DULY
EXECUTED.
Date: CITY OF PETALUMA:
By:
City Manager
Dated: COMMISSION:
By:
for the County of Sonoma and the
Sonoma County Community
Development Commission
Dated: APPROVED AS TO FORM:
By:
County Counsel