HomeMy WebLinkAboutPinoleville 2025-10-23 COU#2526-119
MEMORANDUM OF UNDERSTANDING
CONFIRMING PUBLIC SAFETY AND ANIMAL CONTROL SERVICES
This Memorandum of Understanding ("MOU") is entered into this day of
2025 in the City of Ukiah, Mendocino, California,by and between the Pinoleville Pomo Nation,
a federally recognized Indian tribe ("Nation") and the City of Ukiah, a municipal corporation and
general law city of the State of California ("City") (referenced together as the "Parties").
Recitals
WHEREAS, the Nation has found that there exists a potential health and safety concern on the
Pinoleville Pomo Reservation due to uncontrolled animals;
WHEREAS, the Nation has adopted an Animal Control Ordinance that adopts and incorporates
Articles 5, 6, 7, 8, and 9 of Chapter 1, Division 5 of the Ukiah City Code; and
WHEREAS, the City is willing to provide enforcement of such provisions of the City Code
within the Pinoleville Pomo Reservation pursuant to the Nation's Animal Control Ordinance,
attached as Exhibit A.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:
1. The City will provide general public safety services as they relate to animal control
services pursuant to Articles 5, 6, 7, 8, and 9 of Chapter 1, Division 5 of the Ukiah City
Code adopted as the Nation's Animal Control Ordinance, to the Nation on the Pinoleville
Reservation.
2. The Nation will reimburse the City for services rendered pursuant to the Animal Control
Ordinance within thirty(30) days of receipt of invoice. Failure by the Nation to pay any
invoice within thirty(30) days of billing will entitle the City to terminate this MOU
immediately.
3. The Nation grants the City and its officials, agents, representatives, and employees the
right to enter onto any property within the Pinoleville Reservation for purposes of
enforcing the Animal Control Ordinance.
4. The Nation will indemnify and hold harmless the City, its officials, agents,
representatives, and employees for all actions taken by the City, its officials, agents,
representatives, and employees in enforcing the Animal Control Ordinance, except for the
negligent or intentionally wrongful acts or omissions of the City, its officials, agents,
representatives, and employees in enforcing the Animal Control Ordinance, and except as
to acts or omissions for which the City and its employees are immune from liability under
provisions of state law.
5. The City agrees to bill the Nation monthly for services provided in connection with
enforcing the Animal Control Ordinance and to provide a report of activities.
6. The City shall retain any and all rights and immunities extended to municipalities and
their employees under the immunities provisions of state law, including, but not limited
to, those provisions of the California Government Code. Except as otherwise provided
herein, the Nation shall retain any and all rights and immunities that it enjoys as a result
of its status as a federally recognized tribe under the provisions of the United States
Constitution and other federal law.
7. The Nation and the City agree to the Dispute Resolution Provisions set forth in Exhibit B
attached hereto and incorporated by reference as thou fully set forth.
8. The Nation shall, at its own cost and expense,procure and maintain during the entire
term of this MOU a broad form of comprehensive coverage policy of public liability
insurance issued by an insurance agency licensed by the State of California insuring the
Nation and City against loss or liability caused by either Party hereto in connection with
this MOU in amounts not less than the following:
a. $1,000,000.00 for injury to or death of one person and, subject to that limitation
for the injury or death of one person, of not less than $2,000,000.00 for injury to
or death of two or more persons as a result of any one accident or incident; and
b. $250,000.00 for damage to or destruction of any property.
9. This MOU shall renew annually, unless it is terminated in writing by either Party hereto
by written notice given at least 30 days prior to the expiration of the anniversary date of
the contractual formation of this MOU. That date shall be the date upon which both
parties have completed signing of this MOU.
IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS MOU ON THE DATE
AND YEAR FIRST ABOVE WRITTEN BY THEIR DULY AUTHORIZED
REPRESENTATIVES, HAVING FULL AUTHORITY TO SO ACT FOR AND ON BEHALF
OF THE PARTIES HERETO,AND IN A MANNER FULLY BINDING UPON THEM AND
EACH OF THEM.
CITY OF UKIAH Pinoleville Porno Nation
By:Douglas Crane, Mayor By: Leona L. Williams, Chairperson
(Pursuant to Council Action on ,2025
Attest:
Jerk Angela ames, Vice-Chairperson
Approved as to Form:
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David Rapport Padraic I. McCoy 61
City Attorney Attorney for Pinoleville Porno Nation
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EXHIBIT A
ANIMAL CONTROL ORDINANCE
PINOLEVILLE POMO NATION
ORDINANCE NO.2qJ-0 0
ANIMAL CONTROL ORDINANCE
The Tribal Council of the Pinoleville Pomo Nation herby ordains as follows.
Section 1. Findings and Declarations:
The Tribal Council of the Pinoleville Porno Nation hereby finds and declares as follows:
a. Tribal regulation and control of animals within the jurisdiction of the Nation is essential for the
protection of the health and general welfare of Tribal members and visitors to the Tribal
community.
b. The presence of unlicensed and uncontrolled animals on the Pinoleville Rancheria
("Reservation") endangers the health and well-being of Tribal members and visitors to the
Tribal community.
c. The City of Ukiah("City')has issued and currently enforces certain animal control laws outside
of the Reservation.
d. The Tribal Council's adoption of such animal control laws and the City's enforcement thereof
on the Reservation would promote the health and general welfare of Tribal Members and
visitors to the Tribal community.
e. The Tribal Council thereby declares that certain provisions of the Ukiah City Code shall be
adopted herein,that such laws shall be enforceable by the City of Ukiah, and that proceedings
regarding the violations of any such laws shall be conducted before the Pinoleville Porno Nation
Tribal Court.
Section 2. Certain Provisions of City Code Enforceable on the Reservation
a. The following provisions of the Ukiah City Code Division 5, Chapter 1, entitled"Animals
Generally", are hereby adopted by reference and made applicable to Tribal Members and
Non-members alike:
Article 5 (Penalties and Definitions)
Article 6(Dogs,Cats,and Other Animals, Prohibitions)
Article 7 (Licensing and Permits)
Article 8 (Rabies Control)
Article 9 (Impoundment)
b. Amendments to these sections of the Ukiah City Code are adopted by reference and made
applicable to offenses committed by members and non-members alike, if the Tribal Council,
within fifteen(15)calendar days of receiving written notice of the amendment by mail, fails to
give written notice to the City by mail addressed to the City Attorney that an amendment shall
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not apply on the Reservation.
c. The City officials who enforce the provisions of the City Code stated above are hereby
authorized to enforce such provisions. All citations, arrest warrants, criminal complaints, and
other documents shall reference the appropriate sections of the City Code and need not
reference the provisions of this Ordinance.
Section 3. Enforcement in Tribal Courts
a. The Pinoleville Porno Nation Tribal Court is the venue for the purpose of trying and
enforcing violations of the City Code. Court proceedings shall be conducted in the same
manner as any other proceedings in said courts and need not reference this Ordinance.
b. All administrative hearings and other proceedings requiring adjudication under the City
Code sections adopted herein shall be conducted consistent with the laws of the Pinoleville
Porno Nation.
Section 4. Sovereign Immunity
Nothing in the above Ordinance shall act as or be interpreted as a waiver of the Nation's sovereign
immunity. Only the Tribal Council may expressly authorize a limited waiver of sovereign immunity
from suit,provided however, that such waiver be express and unequivocal and evidenced by a duly
enacted resolution by the Tribal Council which expressly and unequivocally waives sovereign immunity
for that purpose only.A resolution of the Tribal Council which expressly and unequivocally waives the
Nation's sovereign immunity shall not be deemed a waiver for any other purpose. Any limited waiver
enacted by the Tribal Council pursuant to the authorization granted by this provision shall not extend to
the Pinoleville Porno Nation or any of its departments,agencies or entities.The Pinoleville Porno Nation
shall not be liable for the debts of any of its departments, agencies or entities except in so far it may
hereinafter expressly obligated itself in writing.
Certification
The Tribal Council of the Pinoleville Porno Nation does hereby certify the forgoing Ordinance No.
p a was approved at a duly called meeting of the Tribal Council on theJoo day of August, 2025,
where a quorum was present, this action was duly adopted by a vote of_.� For (I Oppose and
_Abstain.
r �
Leona L. Williams Angela James
Chairperson Vice-Chairperson
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EXHIBIT B
DISPUTE RESOLUTION
A. Voluntary Resolution; Reference to Other Means of Resolution.
I. In recognition of the government-to-government relationship of the Pinoleville Pomo
Nation ("Nation") and the City of Ukiah ("City") (collectively referred to as the "Parties"), the
Parties will make their best efforts to resolve disputes that occur under their Memorandum of
Understanding Confirming Public Safety and Animal Control Services ("MOU") by good faith
negotiations whenever possible. Therefore, without prejudice to the right of either Party to seek
injunctive relief against the other when circumstances are deemed to require immediate relief, the
Parties hereby establish a threshold requirement that disputes between them first be subjected to a
process of meeting and conferring in good faith in order to foster a spirit of cooperation and
efficiency in the administration and monitoring of performance and compliance by each other with
the terms, provisions, and conditions of the MOU, as follows:
2. Either Party will give the other,as soon as possible after the event giving rise to the concern,
a written notice setting forth, with specificity, the issues to be resolved.
3. The Parties will meet and confer in a good faith attempt to resolve the dispute through
negotiations not later than ten (10) days after receipt of the notice, unless both Parties agree in
writing to an extension of time.
4. If the dispute is not resolved to the satisfaction of the Parties within thirty(30) calendar
days after the first meeting, then either Party may seek to have the dispute resolved by an
arbitrator in accordance with this Dispute Resolution process, but neither Party will be required
to agree to submit to arbitration.
5. Disagreements that are not otherwise resolved by arbitration or other mutually acceptable
means as provided in this Dispute Resolution process may be resolved in the Mendocino County
Superior Court of the State of California(hereinafter"Mendocino County Superior Court").
6. The disputes to be submitted to court action include,but are not limited to,claims of breach
or violation of the MOU. In no event may the Nation be precluded from pursuing any arbitration
or judicial remedy against the City on the grounds that the Nation has failed to exhaust its
administrative remedies. In no event may City be precluded from pursuing any arbitration or
judicial remedy against the Nation on the grounds that the City has failed to exhaust its
administrative remedies. The parties agree that,except in the case of imminent threat to the public
health or safety, reasonable efforts will be made to explore alternative dispute resolution avenues
prior to resorting to judicial process.
B.Arbitration Rules.
1. Any arbitration will be conducted in accordance with the policies and procedures of the
Commercial Arbitration Rules of the American Arbitration Association, and will be held at such
location within the County of Mendocino as the parties may agree. If the Parties cannot agree, the
location will be at City Council Chambers, Ukiah, California.
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2. Each Party will bear its own costs, attorneys fees and one-half the costs of the American
Arbitration Association and arbitrator, unless the arbitrator rules otherwise.
3. Only one neutral arbitrator may be named,unless the Nation or City objects, in which case
a panel of three arbitrators (each party shall select one, and those two selected will in turn select
the third)will be named.
4. The provisions of Section 1283.05 of the California Code of Civil Procedure will apply;
provided that no discovery authorized by that section may be conducted without leave of the
arbitrator. The decision of the arbitrator will be in writing, give reasons for the decision, and will
be binding.
5. Judgment on the award may be entered and enforced in all regards by the Mendocino
County Superior Court.
C. No Waiver or Preclusion of Other Means of Dispute Resolution.
This Dispute Resolution process may not be construed to preclude, limit or restrict the ability of
the Parties to pursue, by mutual agreement, any other method of dispute resolution, including but
not limited to, mediation provided that neither Parry is under any obligation to agree to such
alternative method of dispute resolution.
D. The Nation agrees to a limited waiver of its sovereign immunity from suit for purposes of
consenting to arbitration and enforcement of the judgment of the arbitration award in Mendocino
County Superior Court and consents to the jurisdiction of the Mendocino County Superior Court
for resolution of disagreements that are not otherwise resolved by arbitration or other mutually
acceptable means as set forth in Section 5.A of these Dispute Resolution Procedures.
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