HomeMy WebLinkAboutCounty of Mendocino 2021-08-17BOS AGREEMENT # ·J..\ • \6L\, -'~
C OU No. 2122 -106
AGREEMENT FOR SHARED EXERCISE OF LAND USE AND CALIFORNIA BUILDING
CODE AUTHORITY
THIS AGREEMENT becomes effective on ~ 11,'lD'2-\ ("Effective Date") in Ukiah, California, between
the City of Ukiah, a general law municipal corporation ("City") and the County of Mendocino, a general law
county and political subdivision of the State of California ("County"), (collectively the "Parties" and individually
a "Party"), all of which are organized and existing under and by virtue of the Constitution and the laws of the
State of California.
RECITALS:
1. The Parties are each empowered by law within their respective jurisdictional boundaries to adopt and
enforce a general plan, zoning ordinances, building codes and to otherwise regulate the use of land in the exercise
of their local police powers under California Constitution, Art. XI, Secs. 1, 2, and 7 and under Title 7, Division
1, Chapters 3 and 4 of the Government Code ("Land Use Regulation").
2. Where a city owns real property in an unincorporated area of a county and itself uses that property for
city purposes, the city's extraterritorial property is not subject to the county's Land Use Regulation.
3. The City owns property in the unincorporated area of County, described in the deed recorded on Dec.
21, 1993 at Book 2138, page 557 of the Official Records of Mendocino County, and also known as Mendocino
County Assessor's Parcel Number 178-210-01, commonly known as 2300 Vichy Springs Road ("the Vichy
Springs Road Property").
4. The City leases a portion of the Vichy Springs Road Property to the Ukiah Rifle and Pistol Club ("Gun
Club"), which is described in the attached Exhibit A ("Gun Club Property").
5. The term under the lease between the City and the Gun Club ("Gun Club Lease") is 50 years ending on
December 31, 2044 .
6. The Gun Club Lease provides the Gun Club with contractual rights to use the Gun Club Property as a
gun range and for certain ancillary uses.
7. The City, as Lessor, has contractual rights under the Gun Club Lease to protect its interests as the
property owner.
8. The Attorney General of the State of California in Opinion No . 14-403, issued on December 6, 2018
("Land Use Opinion"), has determined that the County does not exercise Land Use Authority over the City's use
of the Vichy Springs Road Property and that the exemption from County Land Use Authority is not conditional
on the City applying its own building and zoning ordinances to its extraterritorial property . However, the City
must ensure that any buildings on the property comply with state law, including the California Building Standards
Code. The Land Use Opinion further concludes that if the City leases extraterritorial property to a private party,
the freedom from the county's building and zoning ordinances available to the City may be extended to the lessee
only if the lessee's use of the property serves a primarily public , rather than private, purpose.
9. Without deciding whether the Gun Club's use of the Vichy Springs Property pursuant to the Gun Club
Lease serves a primarily public purpose , the City and the County enter this Joint Powers Agreement to mutually
exercise Land Use Authority over the Gun Club Property on and after the Effective Date and during the term of
the Gun Club Lease.
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l 0. The Parties desire to accomplish the aforesaid purpose by jointly exercising their common powers in
the manner set forth in this Agreement.
11. The Parties are authorized to jointly exercise their powers pursuant to the provisions of Article 1,
Chapter 5, Division 7, Title l, Sections 6500 through 6530 of the Government Code of the State of California.
12 . In accordance with Government Code Section 6502 , it is not required that any power common to the
contracting parties be exercisable in the absence of this Agreement by each such contracting party in the
geographical area in which such power is to be jointly exercised under the terms of this Agreement.
AGREEMENT:
In reliance upon the above Recitals and the terms and conditions set forth below , the Parties, for and in
consideration of the mutual benefits , promises, and agreements set forth herein, agree as follows.
Section 1. Purpose
This Agreement is made pursuant to California Government Code Section 6500, et seq., hereinafter
referred to as the "Act," to permit the joint exercise of certain powers common to the Parties. The purpose
of this Agreement is to exercise these powers jointly by clarifying what and how Land Use Authority over
the Gun Club's use of the Gun Club Property will be exercised by the County and the City .
Section 2 . Land Use Authority Exercised by County over Gun Club use of Gun Club Property.
On and after the Effective Date the County shall exercise land use jurisdiction over the Gun Club's use of
the Gun Club Property in accordance with the County's duly adopted zoning ordinance as it currently reads in
Title 20 of the Mendocino County Code or as it may be amended or superseded in the future.
Section 3. Land Use Authority Exercise by City over Gun Club Use of Gun Club Property .
The City rather than the County shall continue to assure that any improvements constructed on the Gun
Club Property comply with the procedures and substantive requirements of the Model Codes adopted by the City
pursuant to Division 3, Chapter 1 of the Ukiah City Code ("UCC") as it currently reads or as it may be amended
or superseded in the future.
Section 4. City Verification of County Zoning Review.
The City and the County shall agree upon a process by which the City can verify that County has made
all necessary zoning review, prior to the City issuing a permit.
Section 5. Manner of the Parties' exercise of Land Use Authority.
In exercising their respective jurisdiction as provided in Sections 2 and 3, above , the County and the City
shall each administer the applicable local ordinances in the same manner and subject to the same procedures as
apply generally in the County and the City. The Parties do not intend and nothing in this Agreement shall be
deemed to limit the exercise of discretion by the County or the City otherwise conferred by law in connection
with the administration and enforcement of County or City ordinances.
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Section 6. Term
This Joint Powers Agreement shall commence on the Effective Date and remain in effect as long as the
Gun Club continues to lease the Gun Club Property from the City.
Section 7. Withdrawal; Termination
A Party may withdraw as a party to this Agreement without penalty upon a minimum of ninety (90) days
prior written notice with a July 1st effective date unless otherwise agreed to by both Parties. Such withdrawing
Party shall perform all obligations under this Agreement until the noticed July 1 date of withdrawal. A
withdrawing Party shall remain obligated to perform obligations, arising prior to the July 1 withdrawal date,
Section 8. Amendment to Agreement
This Agreement may only be amended by approval of all the Parties to this Agreement.
Section 9. Notices
Whenever notice or other communication is permitted or required by this agreement, it shall be deemed
given when personally delivered or when received, if delivered by overnight courier or email, if receipt is
acknowledged in writing or 48 hours after it is deposited in the United States mail with proper first class postage
affixed thereto and addressed as follows:
To City:
To County:
City of Ukiah
300 Seminary Ave.
Ukiah, CA 95482
Email: ssangiacomo@cityofukiah.com
Attention: City Manager
County Administration Offices
860 North Bush Street
Ukiah, CA 95482
Email: PBS@mendocinocounty.org
A Party may change the address and email address to which notices shall be sent by giving notice of the
change as provided herein.
Section 10. Hold Harmless and Indemnity
Each party agrees to defend, indemnify, and save all other parties harmless from any and all claims arising
out of said party's employees' negligent acts, errors, omissions or willful misconduct while performing pursuant
to this Agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or
claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of said
party, its officers, employees, or agents.
Each party hereby agrees to defend itself from any claim, action or proceeding by third parties arising out
of the concurrent acts or omissions of their employees. In such cases, each party agrees to retain their own legal
counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs.
Notwithstanding the above, where a trial verdict or arbitration award allocates or determines the
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comparative fault of the members, the members may seek reimbursement and/or reallocation of defense costs,
settlement payments, judgments and awards, consistent with said comparative fault.
As required by Section 10 herein, the Parties are responsible to provide workers compensation insurance
for injuries sustained in the normal course and scope of their respective employees' performance of services. The
Parties waive any right of subrogation against each other for any and all losses sustained by the Parties, subject
to such workers compensation coverage. The Parties further acknowledge that the so-called "firefighter's rule"
regarding primary assumption of risk generally prevents public safety officers employed by one agency, or their
agency itself, from being exposed to liability for injuries suffered by public safety officers employed by another
agency in the line of duty. To the extent any such claims of liability or actions are brought by any employee(s) of
one Party against another Party to this Agreement, or such other Party sustains any losses thereby, the Party
employing such claimant(s) shall indemnify the other Party for any such claims, actions, or losses.
For purposes of this section, the terms "employee" or "employees" shall refer to and include employees,
officers, agents, representatives, subcontractors or volunteers.
Notwithstanding the foregoing, no employee, officer, agent, representative, subcontractor or volunteer of
any party to this Agreement shall be considered an "employee" of any other party to this Agreement for purposes
of indemnification.
Section 10. Insurance
Each Party shall be responsible for maintaining a program of insurance that shall cover each Party's
indemnification obligations. Without in any way affecting the indemnity herein provided and in addition
thereto, each Party shall secure and maintain throughout the Agreement the following types of insurance.
including coverage through a pooled risk joint powers agency such as the Redwood Empire Municipal
Insurance Fund with limits as shown.
A. Workers' Compensation:
A program of Workers' Compensation Insurance or a state-approved self-insurance program in
an amount and form to meet all applicable requirements of the Labor Code of the State of
California, including Employer's Liability with $250,000 limits covering all persons providing
services on behalf of each Party and all risks to such persons under this Agreement.
B. Comprehensive General and Automobile Liability Insurance:
This coverage is to include contractual coverage and automobile liability coverage for owned,
hired, and non-owned vehicles. The policy or self-insurance shall have combined single limits
for bodily injury and property damage of not less than two million dollars ($2,000,000.00).
Additional Named Insured:
All policies, and/or memoranda of coverage, except Workers' Compensation, shall contain
additional endorsements naming each Party and its officers, employees, agents and volunteers as
additional named insured with respect to liabilities arising out of each Party's performance
hereunder.
C. Policies Primary and non-Contributory:
All policies required above are to be the primary and non-contributory with any insurance or self-
insurance carried or administered by each Party.
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Section 12 . Mediation
Should any dispute arise out of this Agreement, any Party may request that it be submitted to mediation .
The Parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the Parties; in
the absence of an agreement, the parties shall each submit one name from mediators listed by an agreed-upon
service or parties themselves. The mediator shall be selected by a "blindfolded" process. The cost of mediation
shall be borne equally by the Parties. No Party shall be deemed the prevailing party . No Party shall be permitted
to file a legal action without first meeting in mediation and making a good-faith attempt to reach a mediated
settlement. The mediation process , once commenced by a meeting with the mediator, shall not last more than 60
days, unless the 60-day period is extended in writing by the Parties.
Section 13 . Additional Documents and Agreements
The parties agree to cooperate in the execution of any additional documents or agreements that may
be required to carry out the terms of this Agreement.
Section 14. Warranty of Legal Authority
Each party warrants and covenants that it has the present legal authority to enter into this Agreement
and to perform the acts required of it hereunder. If any party is found to lack the authority to perform the
acts required of it hereunder or is prevented from performing the acts by a court of competent jurisdiction,
this Agreement shall be void.
Section 15 . Assignment/Delegation
Neither party hereto shall assign, sublet, or transfer any interest in this Agreement or any duty
hereunder without written consent of the other, and no assignment shall be of any force or effect whatsoever
unless and until the other party shall have so consented.
Section 16. No Third-Party Beneficiary
This Agreement is only for the benefit of the Parties as municipal or corporate entities and shall not be
construed as or deemed to operate as an agreement for the benefit of any third party or parties, and no third party
or parties shall have any right of action or obtain any right to benefits or position of any kind for any reason
whatsoever.
Section 1 7. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California.
Section 18 . Entire Agreement
This document is intended both as the final expression of the Agreement between the parties hereto
with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement.
Section 19. Execution of Counterparts
This Agreement may be executed in counterparts , each of which shall be deemed an original, all of which shall
constitute one and the same instrument. Electronic signatures or signatures on copies transmitted by email or
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telefax shall have the same force and effect as original signatures and any copy of this Agreement with executed
counterparts so transmitted shall be admissible in any administrative or judicial proceeding as evidence of the
Parties ' agreement.
IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed and attested by
their proper duly authorized officers as of the day and year first above written.
CITY OF UKIAH
-~--J c.;,n Oro,co {Nov 22 , 202115:28 PS T)
By: Juan Orozco , Mayor
Ukiah City Council
ATTEST:
Kristine Lawler , City Clerk
Ktirti1te Lawter
,(ristin e Lawler (Nov 22 ,202 I 15 :3:l PS T)
APPROVED AS TO FORM:
David J. Rapport, City Attorney
COUNTY OF MENDOCINO
By: Dan Gjerde , Chairman
Board of Supervisors
ATTEST :
, Clerk of the Board
APPROVED AS TO FORM:
Christian Curtis , County Counsel
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IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed and attested by
their proper duly authori ze d officers as of the day and year first above written .
C ITY OF UKIAH
By : Juan Orozco, Mayor
Ukiah City Council
ATTEST:
Kristine Lawler, City Clerk
APPROVED AS TO FORM :
David J . Rapport , City Attorney
COUNTY OF MEND
0
By: Dan Gjer , a
Board of Supervisors
ATTEST:
CARl'fl, :r. /1At,t,o , Clerk of the Board
J:¥My
APPROVED AS TO FORM:
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