HomeMy WebLinkAboutResolution 94-82 04/04/1994Resolution No. 94-$.~._ N.C.S.
1 of the City of Petaluma, Ci~lifornia
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5 APPROVING CONTRACT BETWEEN CITY OF PETALUMA
6 AND THE COUNTY OF SONOIVIA IN CONCERT WITH THE SONOMA
7 COUNTY DEVELOPMENT COMMISSION FOR ADMINISTRATION OF
8 PETALUMA'S MOBILEHOME RENT STABILIZATION PROGRAM
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13 WHEREAS, the City of Petaluma has adopted a Mobilehome Rent Stabilization
14 Program modeled after the existing program in effect in Sonoma County; and
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16 WHEREAS, the County of Sonoma has experience in administering an arbitration based
17 rent stabilization program for mobilehome parks; and
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19 WHEREAS, the County of Sonoma has expressed a willingness to administer the same
20 program for the City of Petaluma.
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22 NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Petaluma
23 hereby authorizes the Mayor or City Manager to enter into an agreement with Sonoma County to
24 administer a rent stabilization program as described in the attached agreement.
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Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the pproved as to
Council of the City of Petaluma at a (Regular) (l~j~$~~Sd) mee ' g ~ form
on the ..~1;1z.--••--•--...... day of .........April ........................................ 19.94., by the' ~~
following vote: •-•----• .... . ..:..... . ..............
1City Atto ney
AYES: Sobel, Hamilton, Barlas, Shea, Vice Nlayor Read, Mayor Hilligoss
NOES: None
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ABSENT: 1 seat vacant 4~,(~
ATTEST : ................................................................................................. .~-....., - ----• --... ......-..... ~% J'J
Ci y Clerk Mayor
Gbimcil File..._...-._ ........................
CA 10-85 Res. No........94-g.~L.......... N.C.S.
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AGREEMENT
BETWEEN THE CITY OF PETALUMA AND
THE COUNTY OF SONOMA IN CONCERT WITH
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 twenty-sixth day of
April 1994, `by and between the County of Sonoma, a
political subdivision of the State of California, and the Sonoma
County Community Development Commission, hereinafter called "County,"
and City of Petaluma, hereinafter called "City."
WHEREAS, City intends to adopt a rent stabilization
ordinance and program for mobilehome parks within City modeled upon
one adopted by the Sonoma County Board of Supervisors; and
WHEREAS, City desires to have County administer said
program within the City boundaries, and County has expertise and staff
to continue such services; and
WHEREAS, the City does not have the staff capacity to
administer said program,
NOW, THEREFORE, in consideration of the mutual covenants
contained herein, the parties hereto agree as follows:
1. SCOPE OF SERVICE: County 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 County Mobilehome Park Space Rent Stabilization
Ordinance.(attached hereto and incorporated herein by reference as
Exhibit "B!'). Said services shall indlude providing a clerk to
process .arbitration petitions and qualified arbitrators for
administrative hearings. The City expressly makes County 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~sad City law. Where differences between the City
ordinance and. the County ordinance exist, County staff will confer
with City sta£f_to agree in the methodology to be used in
administering the differences in the law. County shall be free not to
administer laws of City which it deems unlawful or likely to incur
County liability not within the scope of the indemnification agreement
set forth below. County's emp ogees, agents, and staff shall
discharge their duties and responsibilities in a manner of equal
competence to those professional standards observed within the
community. by similarly situated governmental employees, agents, and
staff.
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2. INDEMNIFICATION, DEFENCE, AND HOLD HARMLESS: City holds
harritLes_s and agrees to defend the County, 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
act=ions, rulings, legal judgments and interpretations made about
City's ordinance in administering City's program, and agrees to
indemnify County for all costs, expenses and/or damage awards of
whatever kind as authorized by law 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.
3. TERMINATION: The parties 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:
COUNTY:
Janie V. Walsh, Executive Director
Sonoma County Community Development Commission
1440 Guerneville Road
Santa Rosa CA 95403
CITY:
John Scharer, City Manager
City of Petaluma
City Hall
PO Box 61
Petaluma CA 94953
4. PAYMENT OF SERVICES: County will be paid for alI
services rendered. County will be paid at the rate of $60.00 per hour
for services rendered. in theadministrat-ion of the City mobilehome
rent stabilization ordinance. Annual services are anticipated not to
exceed two hundred (20'U) hours per year. Invoices shall be sent to
the City on a monthly basis. Services in excess of two hundred (200)
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 County and reimbursed by City for
actual amount incurred,.. Currently arbitrators are paid at the rate of
$'200 per hearing day and $150 for the decision making process.
5, SERVICES. LIMITED TO ADMINISTRATION: The Ordinance
policy, findings and/or language adopted by City is solely the
responsibility of City. County 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.
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6. INCIDENTAL LEGAL SERVICES RELATED TO ADMINISTRATION OF
CITY PROGRAM: City shall pay the County Counsel's Office at the rate
of $8'5.00 per hour for services provided to City in counseling county
staff regarding the administration of City's rent stabilization
program.. County Counsel shall not be responsible for recommending or
suggesting modifications of the language of City's ordinance. Annual
services from County Counsel is not anticipated to exceed one hundred
(100) hours per year. If services necessary to administer said
program appear to exceed this estimate, County may elect to end its
interpretative role in the program in favor of the Petaluma City
Attorney's Office. Additional legal services in excess of one hundred
(100) hours must be negotiated and shall be 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 this agreement shall
commence Apri126, 1994 and end March 26, 1999. The parties.
agree to negotiate in good faith for an additional four year extension
of this agreement. Said negotiation period shall commence on July 1,
1998 and shall continue for ninety f90) days.. The rates under 4. and
6. may be amended annually.
9. RECORDS: Except for materials that may be subject to the
attorney client privilege, records maintained by the County 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. Any amendments
so made will be interpreted by the City Attorney's Office if
inconsistent with the County Ordinance.
il. 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.
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IN WITNESS WHEREOF THE PARTIES HAVE CAUSED THIS
INSTRUMENT TO BE DULY EXECUTED.
Dated: 1 `~"` ( 5, ~A~~
ATTEST:
rk of he City of P taluma
Dated:
ATTEST:
County Clerk and ~ offie~
Clerk of the Board of Sup sors
of the County of Sonoma,
State of California
1-5-94
OOlOM
CI OF PE
By
" ity Manager
COUNTY:
By:
or the County of Sonoma and
the Sonoma County Community
Development Commission
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