HomeMy WebLinkAbout2022-05-17; City Council; ; Adoption of a Resolution Delegating Authority to the City Manager to Execute Hold Harmless Agreements for the Use of Private Property by the Library & Cultural Arts, PoliCA Review ___AF___
Meeting Date: May 17, 2022
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Allegra Frost, Deputy City Attorney
allegra.frost@carlsbadca.gov, 442-339-2891
Subject: Adoption of a Resolution Delegating Authority to the City Manager to
Execute Hold Harmless Agreements for the Use of Private Property by the
Library & Cultural Arts, Police and Fire Departments
Districts: All
Recommended Action
Adopt a resolution delegating authority to the City Manager to sign hold harmless agreements
for the use of private property by the Library & Cultural Arts, Police and Fire departments.
Executive Summary
From time to time the city needs to use private property for public purposes, such as overflow
parking during the City’s TGIF Concerts in the Park series and for Police or Fire Department
training activities. The property owners generally require the city to enter into “hold harmless”
agreements through which the city agrees to indemnify the property owner against any
damages arising out of the city’s use of the private property. The proposed resolution would
delegate the City Council’s authority to enter into these types of hold harmless agreements to
the City Manager.
Discussion
When the city uses private property for public purposes it enters into a hold harmless
agreement with the property owner. These agreements allow the city to use the property in
exchange for the city’s agreement to protect the property owner from liability in case the
property is damaged, or anyone is injured as a result of the city’s use of the property. These
agreements do not require any payment by the city to the property owner. The Library &
Cultural Arts, Police, and Fire departments use these types of agreements from time to time. A
sample hold harmless agreement prepared by the City Attorney’s Office is attached as Exhibit 2.
The Library & Cultural Arts Department prepares hold harmless agreements each year to
reserve parking in lots owned by businesses to provide overflow parking during the summer
TGIF Concerts in the Parks series. The off-site lots provide ample parking for TGIF concertgoers.
The city facilitates free and convenient shuttle services to each concert from the off-site parking
lots.
The Police and Fire departments prepare hold harmless agreements when they use private
property for training exercises. Police and Fire Department trainings are occasionally conducted
May 17, 2022 Item #3 Page 1 of 6
on private property that is scheduled to be demolished or in buildings that are vacant. The Fire
Department uses the structures to provide real life training scenarios that include search and
rescue, ventilation, forcible entry, breaking and breaching, as well as live fire training. The
Police Department uses private property to provide additional training scenarios for SWAT
members and to test and certify K-9 performance in unfamiliar environments. SWAT members
also use structures scheduled for demolition to train for forcible entry and rapid response
scenarios using real structures.
The Municipal Code does not contain a clear delegation of authority to the City Manager to
execute these types of hold harmless agreements. Without a clear delegation of authority from
the City Council, each hold harmless agreement would need to be authorized by the City
Council at a regular City Council meeting.
To expedite processing these types of agreements, the proposed resolution would delegate
authority to the City Manager to execute hold harmless agreements for the Library & Cultural
Arts Department, Police Department and Fire Department to use private property for a public
purpose at no cost and indemnify the property owner, provided the City Attorney approves the
terms of the agreement. The City Council could rescind this authority at any time by adopting a
new resolution.
Options
If the City Council approves the resolution, the City Manager would have the authority to
execute hold harmless agreements for the Library & Cultural Arts, Police, and Fire departments
to use private property at no cost to the city, as necessary. If the City Council does not approve
the resolution, future hold harmless agreements would be brought before the City Council for
its review and approval.
Fiscal Analysis
No city funding is being requested.
Next Steps
If the City Council approves the resolution, the City Manager will review and execute hold
harmless agreements for the Library & Cultural Arts, Police and Fire Departments use of private
property for a public purpose, as necessary.
Environmental Evaluation
This action does not require environmental review because it does not constitute a “project”
within the meaning of the California Environmental Quality Act under California Public
Resources Code Section 21065 in that it has no potential to cause either a direct physical
change or a reasonably foreseeable indirect physical change in the environment.
Public Notification
This item was noticed in accordance with the Ralph M. Brown Act and was available for public
viewing and review at least 72 hours prior to scheduled meeting date.
Exhibits
1. City Council resolution
2. Sample hold harmless agreement
May 17, 2022 Item #3 Page 2 of 6
RESOLUTION NO. 2022-111
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, DELEGATING AUTHORITY TO THE CITY MANAGER TO EXECUTE
HOLD HARMLESS AGREEMENTS FOR THE USE OF PRIVATE PROPERTY BY THE
LIBRARY & CULTURAL ARTS DEPARTMENT, POLICE DEPARTMENT AND FIRE
DEPARTMENT
Exhibit 1
WHEREAS, the City Council of the City of Carlsbad, California has determined that it is
sometimes necessary for the city to enter into hold harmless agreements for the City's use of private
property for public purposes; and
WHEREAS, from time to time the Library & Cultural Arts Department needs to enter into hold
harmless agreements in order to use private property for public events; and
WHEREAS, the Police and Fire Departments also use hold harmless agreements when they need
to use private property for departmental training purposes; and
WHEREAS, the City Council wishes to delegate its authority to the city manager to approve hold
harmless agreements for the Library & Cultural Arts Department and the Police and Fire Departments,
provided the City Attorney, or designee, approves the agreements as to form.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.That the above recitations are true and correct.
2.That the City Council delegates authority to the City Manager, or designee, to execute
hold harmless agreements for the Library & Cultural Arts Department, Police
Department and Fire Department to use private property for a public purpose at no cost
to the City, provided the City Attorney approves the agreements as to form.
May 17, 2022 Item #3 Page 3 of 6
•
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 17th day of May, 2022, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Acosta, Norby.
None.
None.
MATT HALL, Mayor
fv-FAVIOLA MEDINA, City Clerk Services Manager
{SEAL)
May 17, 2022 Item #3 Page 4 of 6
t!t0
Exhibit 2
HOLD HARMLESS AGREEMENT
BY AND BETWEEN
THE CITY OF CARLSBAD, CALIFORNIA
AND
*[INSERT COMPANY NAME]
This Hold Harmless Agreement (“Agreement”) is by and between *[insert company name] with
its primary business address at *[insert address] (“Company”), for use of the *[insert property
defining name, i.e., Warehouse Facility], located at *[insert address if different from Company
address] (“Facility”) and the City of Carlsbad, California, a chartered California municipal
corporation with its primary business address at 1200 Carlsbad Village Drive, Carlsbad,
California 92008 (“City”). City and Company may be referred to individually as a “Party” or
collectively as the “Parties.
WHEREAS, the Facility is vacant and Company plans to demolish the Facility.
WHEREAS, prior to the Facility’s demolition, City desires to use the Facility for police and fire
training operations, and Company is willing to permit City access to the Facility for such use.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are
acknowledged, the Parties agree as follows.
1.City shall be permitted access to and use of the Facility without charge for police and
fire training operations on *[insert date/s]. City’s training operations will include,
without limitation, *[insert training operations].
2.Company may terminate this Agreement at any time by providing City with prior written
notice. Furthermore, if Company determines, in its sole and reasonable discretion, that
City is using the Facility for purposes other than as described under this Agreement,
Company may terminate this Agreement immediately.
3.Company understands City’s training operations can result in damage to the Facility and
Company will ensure the Facility is properly secured after City’s training operations have
concluded.
4.Company explicitly disclaims any responsibility for City’s property used for City’s training
operations at the Facility, both while this Agreement is in effect and following the
termination of this Agreement.
5.In return for the use of the Facility, City shall indemnify and hold harmless Company, its
officers, directors, agents and employees against any and all damages, claims or other
liability due to personal injury or death, or damage to property or any other claims
arising out of use of the Facility by City or its employees or agents.
May 17, 2022 Item #3 Page 5 of 6
SEARCH FOR THE *; FILL IN THE INFORMATION; DELETE THE * AND THIS INSTRUCTION BEFORE
PRINTING.
Hold Harmless Agreement for Police and Fire Department Training Operations Page 2 of 2
Rev. 02-01-2022
This Agreement is the entire agreement between the Parties and may not be modified or
amended except in a writing signed by both Parties.
This Agreement will be governed the laws of the State of California. Venue for any dispute
arising under this Agreement will be in a state or federal court located in San Diego County,
California.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, but both of which shall constitute one and the same instrument; and, the Parties agree
that signatures on this Agreement, including those transmitted by facsimile, shall be sufficient
to bind the Parties.
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced
by the following signatures of their duly authorized representatives. The Effective Date of this
Agreement is the date that the final signatory executes the Agreement. It is the intent of the
Parties that this Agreement shall become operative on the Effective Date.
COMPANY
Dated: ______________________________
By: _________________________________
Name:
Title:
Local Address:
Email Address:
Telephone:
CITY
Dated: ______________________________
By: _________________________________
SCOTT CHADWICK
City Manager
ATTEST:
____________________________________
FAVIOLA MEDINA
City Clerk Services Manager
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
BY: _____________________________
Assistant City Attorney
May 17, 2022 Item #3 Page 6 of 6