HomeMy WebLinkAboutAgenda Bill 4A 09/21/2009`~ffi' m
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CITY OF PETALUMA, CALI
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Agenda Title: Discussion And Possible Action To Adopt A Resolution To Meeting Date: September
Renew An Agreement Between The City Of Petaluma And The Sonoma. 21,2009
County Community Development Commission To Administer The Mobile
Home Rent Stabilization Program Meeting Time: 7:00 P1VI
Category: ^ Presentation ^ Appointments ^ Consent ^ Public Hearing ^ Unfinished Business ®New Business
Department: Director: Contact Person: ,,
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~ Phone Number:
City Manager's Office John Brown ~
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Bonnie Gaebler ~~
_.a11/ " 778-4484
Total Cost of Proposal or Project: Name of Fund:
Administration $85/hour (not-to-exceed 108 hours) Mobile Home Rent Stabilization
County Counsel $200/hour (not-to-exceed 90 hours) Account Number:
Anticipated Expenditures $10,000 (through June 2010) h00202002-54130-170001
Amount 13udgeted: $10,000 Current Fund Balance: $10,000
Recommendation: It is recommended that the City Council take the following action: 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. ^ First reading of Ordinance approved unanimously, or with unanimous vote to,allow posting prior to second reading
2. ^ First reading of Ordinance approved without unanimous vote: Ordinance has been published/posted prior to second
reading; see Attachment
3. ^ Other action requiring special notice: Notice has been given, see Attachment
Summary Statement: The City of Petaluma initially entered into an agreement with the Sonoma County
Community Development Commission (the Commission) in 1994 (upon adoption of our Rent Stabilization
Ordinance) and that agreement has been renewed every three years since then. The current agreement expired
June 30, 2009; renewal has been delayed due to negotiations between City and County counsels.
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.
Attachments to A~enda.Packet Item: Draft Resolution with Attached Exhibit A (City-County Agreement)
Reviewed b Finance Director: Reviewed by City Attorney: A roved b City 1Vlanager:
D te• _ ~~l'~ Date: Date: ~ ° I ~'•~C3
Rev. # (\( Date Last Revised: File: MobilehomecitvcountvAumt/h
CITE' OF PE'I'ALUlVIA, CALIF®RNIA
SEPTEMBER 21, 209
AGENDA DEPORT
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 1Vlobile
Home-Rent Stabilization Program
1. RECOMMENDATION: 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
2. ~ DACKGROUND: The City Council .adopted the Mobile Horne 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.
The existing agreement with the County expired on June 30, 2009 and resulted in negotiation over
changes to the indermlification provisions. Those provisions have been broadened to further protect the
County from legal claims arising' from the Commission's administrative services, and the Commission
and County Counsel rates have increased. The attached three-year (2009-2012) agreement is now ready
for adoption.
3. DISCUSSION: This administrative function is required by the City's ordinance and there are no
apparent alternative providers of this service: The Commission administers our program in an effective
and efficient manner and is responsive to all City and park resident requests and questions.
4. FINANCIAL IMPACTS: The rent stabilization program is included in the Housing Budget. This agenda
item includes only the cost to the City for program administration, not legal costs attributed to
arbitrations which have become an annual occurrence at certain parks. Those costs have also been
budgeted for in the Housing Budget.
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ATTACHMENT #1
Resolution Renewing An Agreement Between The City Of Petaluma And The Sonoma County
Community Development Commission To Administer The .Mobile Home Rent Stabilization
Program
WHEREAS the City of Petaluma has adopted a Mobile Home Rent Stabilization Ordinance for
mobile home parks in the community; and
WHEREAS the City entered into an agreement with the Sonoma County Community
Development Commission (the Commission) to administer that ordinance; and
WHEREAS that agreement is due for renewal for.another three-year term; and
WHEREAS the City wishes to contract with the: Commission to continue to administer the
.ordinance for the period of 2009-2012;
NOW THEREFORE BE IT RESOLVED that the Petaluma City Council approves the
Agreement (Exhibit A to this resolution) and authorizes the 'City Manager or his designee to
sign all necessary documents.
Exhibit A
AGREEMENT
BETWEEN THE CITY OF PE'I'ALUMA 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 2009, 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 expired on June 30, 2009; 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 ofthe 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 County Mobilehome Park Space Rent Stabilization Ordinance. Said administrative
services shall include (1) providing day-to-day responses to citizen inquiries regarding the City ordinance; (2)
providing administrative services to process arbitration. petitions; (3) locating and retaining arbitrators for
administrative hearings under the City ordinance;. who have certified to the Commission that they meet the
Commission's selection criteria; and (4) arranging a .location for administrative hearings and other meetings
required. by the City ordinance. The City•understands and .agrees that -the Commission and its staff maybe
required to apply and interpret. the rent. stabilization ordinance of .City in connection with such ,services, and
agrees that Commission shall have no liability for any claim arising from Commission's good faith
interpretation and:. application of the ordinance, so long as Commission. uses reasonable efforts to consult with
and keep City informed regarding such interpretation and application.. If requested by Commission, City staff
will promptly provide .guidance to Commission regarding issues arising, under the City ordinance; however,
nothing in this Agreement shall require Commission to request such guidance. Commission shall not be
required to make determinations under the City ordinance with respect to the timeliness of petitions, the
adequacy of financial information provided by parties, and similar issues if such issues are disputed, it being
understood an'd agreed that such questions maybe determined by the arbitrator. Nothing in this Agreement
shall require Commission staff to take any action it deems, in its reasonable sole judgment, unlawful or likely to
result in liability to Commission.
2. .INDEMNIFICATION AND DEFENSE: City acknowledges that. Commission's performance of
services under this Agreement may give rise to claims and litigation against Commission or its employees,
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officers, or agents by mgb'ilehome park owners or residents; and that such claims and litigation may, for tactical
or other reasons, .allege. negligence or intentional misconduct on the;part of Commission or its employees;
officers, or~agents. Notwithstanding the nature of the claims, liabilities, actions, or litigation asserted or alleged
against Commission or its employees, officers, or agents, City agrees to indemnify, defend, and hold harmless
Commission, and, its agents. (including arbitrators retained by Commission under this Agreement), officers, and
employees, from.and against any and' all claims, liabilities, actions; or,litigation of any kind whatsoever arising
out of or related to Commission's performance of services under°this Agreement ("Claims"), to the maximum
extent permitted by law. In connection with the foregoing, City's obligation to indemnify and defend
Commission shall exist unless and unti'1 Cty,establishes; by-clear and convincing evidence, that Commission's
performance of services fell significantly below the standards applicable to providers of administrative services
for a rent stabilization program. City shall defend Commission at City's own expense with counsel selected by
City, subject to Commission's approval. of counsel, which approval shall not be unreasonably withheld. In
addition to City's obligation to defend Commission as provided above; City shall have an obligation. to provide
or approve separate counsel to defend Commission, at City's expense, only in the event of an identified conflict
of interest between City and Commission`
City understands and acknowledges that the City's agreementto indemnify and defend Commission
against all Claims pursuant to this Section 2 was a material inducement for Commission to enter into this
Agreement.
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 County Community Development Commission
1440. Guerneville Road
Santa Rosa CA 95403
CITY:
Bonne Gaebler, Housing Administrator
City of Petaluma
11 English Street
Petaluma, CA 95403
4. Commission will be paid for all services rendered. Commission will be paid at the rate of $85.00
per hour for services .rendered in the administration of the City moblehome 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. Commission shall not be expected to take
any affirmative, action to enforce the City ordinance or to enforce the terms of any arbitration decision.
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6. INCIDENTAL. LEGAL SERVICES RELATED TO ADMINISTRATION OF CITY
PROGRAM: City shall pay the Commission at the rate of $200 per hour for. County Counsel sere-ices provided
to City in counseling Commission taff 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°. City agrees that ~f requested it will promptlyconsult with Commission Counsel on any issue
relating to the City ordinance, any arbitration.. proceeding requested.under the City ordinance, or any other issue
relating to the1performance of services by Commission'"under this Agreement. Annual services from
Commission Counsel are. not anticipated. to :exceed ninety (90). hours per.year. If services necessary to
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administer said program appear to exceed:this estimate, Citymay elect to involve its City Attorney in place of
Commission Counsel. Additional legal services in excess of ninety (9.0) hours per year must be negotiated and
the subject matter of a separate written modification of this contract.,
7. NO INTENDED THTRD PAR_TI' 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 agrcement:shall be enforceable only by the parties hereto.
8. TERM AND RENEWAL: The term of the agreement, shall commence July 1, 2009 and end
June 30, 2012. The rates under section 4 and 6 may be. amended annually effective-July lst to reflect the actual
cost fo Commission of providing services,
9. .RECORDS: Except for materials that maybe subject to==the attorney-client privilege, records
maintained by the Commission in, the administration of Cty,'s rent stabilization program are City's. All such
documents shall be returned to City upon the expiration of this .agreement.
10. AMENDMENTS TO CITY RENT,STABILIZATION` QRDINANCE: Any and all changes or
proposed changes to the City rent stabilization ordinance shall be promptly.communicated to the mobilehome
specialist~at-the Commission with sufficient notice to accommodate administrative adjustments that may
becorrie 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 ~staternent of the terms of agreement,
pursuant to Code of Civil Procedure Section 1'856. 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 1NSTRUIVIENT TO BE DULY
EXECI7TED:
Date: CITY OF l?ETAL;iTMA:
By:
City Manager
Dated: APPROVED AS TO FORM:
By:
City Attorney
Dated: COMMISSION:
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Dated:
Byc
Executive Director
APPROVED AS TO FORM:
By:
County Counsel