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HomeMy WebLinkAboutResolution - 1456 i 1 RESOLUTION NO. 1456 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO APPROVING AND AUTHORIZING A<COOPERATIVE AGREE- 3 MENT TO BE EXECUTED BY AND BETWEEN THE CITY OF SAN JA- CINTO AND THE SAN JACINTO'REDEVELOPMENT_AGENCY PURSUANT 4 TO SECTION 33220 OF THE CALIFORNIA HEALTH AND SAFETY CODE 5 WHEREAS, the City of San Jacinto created the San Jacinto Redevelopment 6 Agency on May 4th, 1982, by Ordinance No. 725 for purposes of pursuing re- 7 development activities in the community; and 8 WHEREAS, the City Council of the City of San Jacinto, has designated Rede- 9 " velopment Survey Area #1 and has directed the Redevelopment Agency to 'formulate 10 one or more Redevelopment Project Areas and Plans; and 11 WHEREAS, in the course of fulfilling the requirements to effectuate a re 12 development plan and conducting redevelopment activities certain`'relationships 13 must be outlined between the City of San Jacinto and the San Jacinto Redevelop 14 ment Agency; and 15 WHEREAS, pursuant to Section 33220 of the California Health and Safety 161 Code, the San Jacinto Redevelopment Agency may enter into Agreements with the 17 ) San Jacinto City Council for the purpose of aiding and cooperating in the plan- 18 ning, undertaking, construction or operation of redevelopment projects and may, 19 pursuant to Sections 33600 and 33601 , accept financial or other assistance to 20 carry out the purpose of the Redevelopment Agency. 21 NOW, THEREFORE, BE IT RESOLVLD, DETERMINED AND ORDERED BY THE CITY COUNCIL - 22 OF THE CITY OF SAN JACINTO, AS FOLLOWS; 23 Section 1 . An Agreement hereinafter referred to as "Cooperative Agreement" 24 is hereby approved as set forth in Attachment "A" and shall create and estab 25' lish the working relationship by and between the City Council of the City of 26 San Jacinto and the San Jacinto Redevelopment Agency. 27 Section 2. The Mayor is hereby authorized and directed to enter into 28 this Cooperative Agreement with the San Jacinto Redevelopment Agency on behalf 29 �I of the City of San Jacinto as outlined. 30 PASSED; APPROVED AND ADOPTED this 7th-day of OFtob r 1982; r rl 31 ATTEST: f, Mar rA t McLear}, iCity Clerk 1 32 6 De ty Mayo 1 CERTIFICATE 2 The foregoing is certified to be a true copy of Resolution No. 1456 duly 3 adopted by the said City Council of the City of San Jacinto on the date therein 4 set forth. 5 MARG T McLEAN CITY CLERK 6 pu y 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 i 27 i 28 29 30 31 32 ATTACHMENT A COOPERATIVE AGREEMENT Between the City Council of the City of San Jacinto and the San Jacinto Redevelopment Agency THE AGREEMENT is entered into this 7th _ day of October -5 1982 by and between the CITY OF SAN JACINTO, hereinafter referred to as "CITY," and the SAN JACINTO REDEVELOPMENT AGENCY, hereinafter referred to as "AGENCY." R E C I T A L S 1. Creation : Pursuant to the California Community Redevelopment Law (California Health and Safety Code, Section 33000 et. seq. ) the San Jacinto City Council on May 4th_, 1982, did by Ordinance No. 725 declare that there was a need for a Redevelopment Agency to function in the City. 2. Separate Agency: The Agency is a public body, corporate and politic exercising governmental functions and is performing a public function of the City, but as such it is, and shall remain, a public body separate from the City. 3. Appointment of Agency Members : The City Council by said Ordinance No. 726 declared itself to be the Agency and such Council Members are serving as Agency Members. 4. Executive Director of Agency: The Agency has appointed an Execu- tive Director of the .Agency. As a portion of his duties and functions, he shall have ultimate day-to-day administrative responsibility to carry out Agency programs and affairs. 5. Agency Officers, Employees, Agents, Consultants, and Contractors : The Officers of the Agency shall be City officials as established in the Bylaws of the Agency. The Executive Director, after approval by the City Manager and with the approval of the Agency Members, may select, appoint, employ, and contract for such permanent and temporary consultants, contrac- tors, agents, and employees as it requires and determine their qualifica- tions, duties, benefits, and compensation subject to the other provisions of the Agreement and the law. AGREEMENT THE PARTIES MUTUALLY AGREE AS FOLLOWS: 6. Services to be Provided: (a) The City, its officers, and employees shall perform services for the Agency in carrying out its work of redevelopment. The Agency shall also have access to the facilities of the departments and offices of the City. (b) Those City officers and employees who are also appointed to positions or offices with or related to the Agency shall perform services for the Agency in a dual capacity. The Executive Director shall perform services in his capacity as a City employee and also as Executive Director of the Agency. (c) The City Manager/Executive Director, and other appropriate City officials and the Agency shall determine and establish the procedures to be followed in the request for, and the rendering of, such services. 7. Compensation by the Agency for Services Rendered or loans (a) The Agency shall reimburse the City for all costs incurred by City officers and employees in rendering services to the Agency commencing October 7th, 1982. The Agency shall reimburse the City for all personnel ser- vices performed on an hourly basis at rates, including overhead established by the City Manager, plus interest thereon at the average annual rate which the City earns on its invested reserves but not to exceed a rate of 12% per annum. (b) A City officer or employee shall be paid extra compensation for any work performed for the Agency if such compensation is expressly auth- orized and provided for by the Agency. (c) The Agency shall pay the same rate of interest on any loans made by the City to the Agency as calculated in 7(a) above. 8. Accounting of Responsible Payments to the City by the Agency_ The City shall , on the last day of June and on the last day of December, provide the Agency with an audit of any and all outstanding City loans and/or advances, as well as any and all City incurred expenses and costs to date deemed reimburseable by the Agency. 9. Method of Payment : (a) Costs under this agreement shall commence on the date that the services were or are begun, and shall accrue on the basis established by the City Manager for the services being performed. The Agency, however, shall not be responsible for the payment of accrued costs for services until funds are available to the Agency for this purpose. (b) Agency revenues may come from many sources, many of which may be available to the Agency only for limited and special purposes. It is ex- pected that any funds which may become available to the Agency for the reim- bursement of costs for services rendered by the City will be used to pay the accrued costs. The Agency shall reimburse the City for such costs only if funds become available. Once funds become available from which the Agency may pay costs for services, then all costs theretofore accrued shall be paid in a time and manner consistent with the needs of the Agency. 10. City Aid and Assistance: The City will aid and cooperate in the planning, undertaking, construction, or operation of redevelopment projects within the City and will enter into appropriate agreements as necessary and desirable to effectuate the redevelopment program. 11. Fund Advance Agreements: The City may advance funds to the Agency and the Agency may advance funds to the City to effectuate the redevelopment program. Any and all fund advances and/or loans by the City to the Agency, or by the Agency to the City, shall be formalized by the approval and adoption of a Fund Advance Agreement by both the Agency and the City. The Fund Advance Agreement shall contain terms and conditions agreed upon by the Agency and the City, as appropriate to indicate the purpose of the advance and/or loan, and repayment requirements, if necessary, to effectuate the redevelopment program. 12. Administrative Fund : The City will establish an Agency General Fund with money appropriated by the City Council to the Agency as a loan to be repaid upon such terms and conditions as any agreement between the Agency and City Council may provide. 13. Agency Offices : The principal office of the Agency shall be lo- cated in the City Hall of the City of San Jacinto. The City agrees to pro- vide to the Agency necessary and ample space for business offices and meeting rooms of the Agency. Said space shall also include use of the City Council Chambers or other space for meetings of the Agency. Rental payment for such purposes shall be paid, if required, by the City of San Jacinto according to rates set by the City Manager from time to time as separate space is needed by the Agency and included in the calculation for "overhead" as set forth in 7(a) hereof. Said space shall be used in accordance with the rules and regulations of the City as applicable to other buildings and offices of the City. 14. Agency Bylaws and Regulations : The Agency shall adopt and there- after be bound by Bylaws and other regulations to carry into effect the powers, purposes, and functions of the Agency and to establish the policies of the Agency Members for the guidance of the City Manager and Agency Execu- tive Director. The Agency shall supply such information and reports to the City and Agency as may be required. 15. Severability: If any portion or Section of this Agreement is de- clared to be unconstitutional or violative of the California Community Rede- velopment Law, then only that section or portion shall be stricken as agreed upon by both parties. Such determination of unconstitutionality or infeasi- bility shall not affect the remainder of the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this document as of the date first above written. CITY OF Sa Ja nto By ATTEST: Mayor Margareft McLean, City Clerk _ By( Deputy/ Y C er By _ City Attorney ,- SAN JACINTj RE VELgPMENT AGENCY r By UOZL ATTEST: Chairman e reta�ry_ ByTl eedeveTopmen ounse enera