HomeMy WebLinkAboutAgenda Bill 3.A 03/17/2003MAR 17 ZOO R .
4 IN
4
CITY,OF PETTALUM-A, CALIFORNIA
AG,E T DA BILL
Agenda Title Discussion And Possible Action To Adopt A
Meeting Date:
T Renew An Agreement Between The City Of
' March 1'7, 2003
Pet luma
The Sonoma County Community Development
Commission To Administer The Mobile Home Rent Stabilization
Meeting Time X 3 :00 PM
Program..
❑ 7:00 PM
Category (check one) X Consent Caiendar ❑ Public Hearing ❑ New Business
❑ Unfinished Business ❑ Presentation
Department
Director.
Contact Pers
Phone Number
PCDC
Paul Mapngella
Bo 1 M Veaa
778 -4555 or 778 -4484 (direct)
Cost of'Proposal
Account Number
Administration: $75.00 /hour (not to exceed 1 ours)
903/400/5444
County Counsel $175.00 /hour (not to exceed 90 hours)
Name of Fund:
Total Cost of Agreement (not to exceed) $23 ',850
Mobile Home Rent Stabilization
Anticipated expenditures $10,000 (through 2003 -04)
Amount Budgeted $14,865
Attachments,to Agenda Packet Item
#'1. Five 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 renewed that agreement in 1999.
The existing agreement will expire in June of 2003; the updated proposed agreement will expire in June
2006.
The Commission provides day -to -day information and referral services to the residents of Petaluma's
mobile home communities, provides all services required to process arbitration petitions and selects
qualified arbitrators for administrative hearings.
Recommended City_founcill Action/Suggested-Motion: Adopt A Resolution To Renew An Agreement
Between The C t Y Of Petaluma And The Sonoma County Community Development Commission. To
Administer The Mobile'Home Rent Stabilization Program.
Reviewed by.FinanceDii
Rev e , - nev:
Aivroved.bv Citv Manager:
Date:
te: '
J IL C
Todav's Date:
Revision # and Date Revised:
File Code:
#
Mobhmagmt/d
CITY OF PETALUMA, CALIFORNIA
MARCH 17, 2003
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
EXECUTIVE SUMMARY The Sonorna County Community Development Commission
(the Comrnission):administers Petaluma's.1994 Mobil'eHorne Rent Stabilization
Ordinance. The scope of service outlined in the agreement between the City and the
Commission include providing a clerk to process arbitrat ion petitions and select qualified
arbitrators for administrative hearings. The City expressly makes the Commission and its
staff agents of the City for purposes ofapplying and interpreting the ordinance and agrees
to be bound by the Commi 'ssion's judgments in matters of interpretation and application
of the ordinance.
The existin ;five- ear a reement
g y g expires in June 2001 The Commission has the
expertise and staff to continue the services as described above and their work continues to
be exemplary.
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 otherrelated.services-
3. 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 showrnon Exhibit #1, the average annual costs to administer this program from 1998
through 2001 were minimal. In fiscal year 2002 -03, the purchase of'Sandalwood by new
owners; their. attempt to raise the rents above the amount allowed,by the ordinance and
the ensuing arbitration and law suit caused a,substantial increase in activity and
involvement by the Commission. The increased cost to the Commission under the
existing contract was $45;966 for this fiscal year; more than all previous year's costs
combined. "
The actual cost of theprogram`and of this contract is funded by the rent stabilization
administrative fee which is assessed a,gai . st the park owners and the residents on an equal
basis. Council will review and act on that staff report in conjunction with this item. in
that report, staff has recommend "ed increasing the administration fees to reestablish. a safe •
reserve for future. legal activity and unanticipated arbitrations.
As, shown in Exhibit #1,.the fund'will be increas "' an estimated $5 ;640 in 2003
administration fees, with anticipated expenditures of $1,50.0.. The balance (K140) plus
the existing fund balance of $10,725 will give the Rent Stabilization• Program $1.4,856'in
available revenue for FY 2003 -04.
.6/30/03 Revenues Over Expenditures: $ .4
Fund balance: $ 10,725
Available as of July 1, 2003 $14,805
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 pa_id'by the, Commission
and reimbursed by the City for the actual expenses incurred.
5. CONCLUSI.ON 'The�Commission this in an effect -ve and efficient
.manner. The staff person, Bill Morgan, is well- respected by the; mobile home 'owners and
residents alike. The'Commission is responsive to all'Citystaffrequests and questions.
6. 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.
'7. RECOMMENDATION Adopt the resolution approving the agreement and direct the City
manager to sign all appropriate documents.
Mobhmagmt /d
filename: s:\ accountant \cinde \exeel\misc\mobhome
CITY PETALUMA, CA
MOBILE HOME RENT STABILIZATION PROGRAM
Fund Balance as of 1/01/03 w /ith projection to 6/30/03
2/24/2003 IPM
6/30/1998 6/30/1999 6/30/2000 6/30/2001 6/30/2002 1/1/2003 projected 6/30/0
Revenue 5,990:00 1,920.00 1 1,785.00 2,805;00 5,640:00
Expenditures
So Co Community Develop
1,925.00
30.00
60.00
5
283.26
750.00
City Attorney
4,867.00
375.00
750.00
So Co Counsel
29.88
Miscellaneous
3.36
5.09
10.08
(10.08)
Total Expenditures
1,928.36
30.00
65
39.96
10,82193
658:26
1,500.00
Revenue over Expenditures
4,061.64
1,890.00
1,809.91
1,745.04
(8,017.93)
(658.26)
4,140.00
Beginning Balance
9,894.07
13,955.71
15,845.71
17
19,400:66
11,382.73
10,724:47
Ending Balance
13,955.71
15;845:71
17,655.62
19
11,382.73
10,724.47
14,864,47
�C
t�
y
4t_
t
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 HOMEREMNT STABILIZATION
ORDINANCE
WHEREAS the'City of Petaluma (the City) has adopted a rent stab_ ilization ordinance and
program 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 2003; and
WHEREAS the. City wishes to contract with the Commission to-continue to administer the
ordinances for an additional term (through June 2006);
NOW THEREFORE BE -IT RESOLVED that the Petaluma City Council approves the
Agreement.(Attachment A to this resolution) and authorizes the CiiyManager "or°his designee to
sign all necessary documents.
ATTACHMENT A
AGREEMENT
BETWEEN'THE CITY OF PETALUMA AND
THE SONOMA COUNTY COMMUNITY DEVELOPME.NT'COMMISSION
FOR ADMINISTRATION OF PETALUMA MOB'ILEHOME RENT STABILIZATION PROGRAM
AND HOLD 'HARMLESS, INpEMNIFICATION AND DEFENSE
AGREEMENT
THIS CONTRACT, made this 24th day of March 2003; - 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,
2003-; 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
ereto agree as follows:
T. SCOPE OF SERVICE : Commission shall admiinister.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 providing a clerk to process arbitration petitions and qualified arbitrators for administrative
hearings, The City expressly makes Cornmission 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'sh'all be; free not td 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 .HARM LESS: . holds harmless °the 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
IV , rpose of the ordinance; provided, however, that Commission shall perform all such services in the
-1-
c:wi nwordlagre926p1Tino %cndoc
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, withi service of said notice being, made as follows:
COMMISSION':
Janie V. Walsh, Executive Director
Sonoma Commission Community Development. Commisssion
.1440 Guerneville Road
Santa Rosa CA 95403
CITY:
Bonne Gaebler, Housing Administrator
City of Petaluma
11 English 'St.
Petaluma CA 94952
4. C_omm'ission ,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 notto exceed one hundred eight (108) hour
.per year. Invoices, shall be: sent to. the City on a monthly basis. 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. Currently arbitrators are paid at the rate of
approximately $500:00] per day.
5. - SERVICES LIM.IT:ED'TO ADMINISTRATION: The Ordinance policy, findings arid/or
anguage 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. IN'CID,ENTAL LEGAL SERVICES RELATED TO ADMINISTRATION OF CITY
PROGRAM: City shall pay the Commission- at the rate of $175.00 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 forrecommend_ing or
suggesting modifications of the language of '.City's ordinance.. 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 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
-2-
c:winwordlagre926p\Tin6cntloc '
Aipainst either party maybe based upon such a claim. This agreement shall be enforceable only by
` II R6,parties hereto.
8. TERM AND RENEWAL: The term of the agreement shall commence July 1, 2003 and
end June 30, 2006. 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 Citys rent stabilization program are
Citys. All such documents shall .b.e 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 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 'Procedu're 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
ECUTED.
Date
CITY OF PETALUMA:
City Manager
Dated:
COMMISSION:
for the County of Sonoma and the
Sonoma County Community
Development Commission
Dated: APPROVED AS TO FORM:
A t
County Counsel
•
-3-
c:wi n w ord \a g r e 926 p \Ti n o \cn d oc