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HomeMy WebLinkAbout1991-100 SBE00001/DOC/416/dc 03/5/91 0245 RESOLUTION NO. 91-100 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE PROVISION OF CITY STAFF TO UNDERTAKE FUNCTIONS OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO WHEREAS, the city of San Bernardino (the "City") has previously caused the restructuring of the Economic Development Agency of the City of San Bernardino and of the Community Development Commission of the City of San Bernardino (the "Commission"); and WHEREAS, in connection with the restructuring of the Economic Development Agency and the Commission, the city has deemed it desirable that the activities of the Commission and the Economic Development Agency be undertaken by city employees; and WHEREAS, the city deems it desirable that certain City employees also function and perform activities and duties on behalf of the Redevelopment Agency of the City of San Bernardino (the "Agency"); and WHEREAS, to the extent any city employees of the Economic Development Agency or other City employees are engaged in activities of the Agency, the City deems it desirable that the Agency compensate the city for such activities; and - 1 - WHEREAS, in connection with the restructuring of the Economic Development Agency, the city and the Commission have entered into a certain cooperation Agreement, a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference. NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The city hereby authorizes Staff of the Economic Development Agency and other city employees, as necessary, to perform duties and functions on behalf of the Commission and the Agency. section 2. The City hereby acknowledges that the Agency shall be responsible for the payment of or reimbursement for certain services to the extent such services are provided in connection with implementing programs and acti vi ties of the Agency. Section 3. The City hereby approves that certain Cooperation Agreement, a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference. - 2 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE PROVISION OF CITY STAFF TO UNDERTAKE FUNCTIONS OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO section 4. This Resolution shall take effect upon the date of its adoption. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a Regular meeting thereof, held on the 18th day of March , 1991, by the following vote, to wit: AYES: Council Members Estrada, Reilly, Flores, l1audsley, Minor, Pope-Ludlam and Miller. NAYS: none ABSENT: none ~~dd- ~ Rache Krasney city Clerk 20th The foregoing day of Marr.h resolution is , 1991. hereby - this ~/ .!-, o:r--- Approved as to form and legal content: JAMES F. PENMAN city Attorney BY~.IJ,~) - 3 - ~,D.C\I-11y) SBE00001/DOC/414 3/6/91 215 COOPERATION AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO THIS AGREEMENT is made and entered into effective as of this 18th day of March, 1991, by and between the CITY OF SAN BERNARDINO, a Charter city, hereinafter referred to as the "City" and the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, a public agency of the State of California, hereinafter referred to as the "commission" on its own behalf and on behalf of the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a public agency of the State of California, hereinafter referred to as the "Agency". The parties do hereby agree as follows: RECITALS WHEREAS, the City has recently caused the establishment of the Economic Development Agency of the City of San Bernardino to occur, as well as a restructuring of the Agency and the Commission; and WHEREAS, the city deems it desirable to provide city employees to the Commission in order that the Commission can operate and manage the activities of the Economic Development Agency which in turn operates and manages within said Economic Exhibit "A" - Page 1 Development Agency as the Development Department, the San Bernardino Convention and Visitors Bureau, the San Bernardino Main Street Program and the Economic Development Council; and WHEREAS, the City and the Commission deem it desirable that city employees undertake certain functions and activities of the Commission in the operation of the various departments which come under the purview of the Commission; and WHEREAS, the Commission deems it desirable that the Agency fund a portion of the activities undertaken by City employees within the Economic Development Agency and other City employees, as necessary, acting on behalf of the Agency; and WHEREAS, the city is willing and able to provide certain services and employees to and on behalf of the Commission and the Agency. NOW THEREFORE in consideration of the premises, the covenants and agreements herein contained, and other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto agree as follows: section 1. The Commission agrees to utilize and the city agrees to provide the services of certain City employees within the Economic Development Agency to the Commission to perform all necessary services in connection with projects undertaken by Exhibit "A" - Page 2 the Commission or being considered by the Commission in connection with the operation and functioning of the Commission through the Economic Development Agency. The ci ty employees wi thin the Economic Development Agency shall render in a satisfactory manner all such services necessary and desired and shall confer when necessary with the Commission as to the level and scope of such personnel services. section 2. Compensation. The Commission on behalf of the Agency agrees that the Agency shall incur as an indebtedness to the City and shall pay to the city from tax increment revenues available to the Agency certain amounts, plus interest thereon, representing compensation for any activities undertaken by city employees which directly benefit the Agency and which are undertaken in connection with the implementation of the programs and activities of the Agency. The Agency shall set forth on its annual Statement of Indebtedness filed with the County of San Bernardino pursuant to Health and Safety Code section 33675 the amount of all annual indebtedness outstanding and owed to the city for all costs and expenses incurred by the Agency, plus interest thereon, for all services rendered by the city to or for the benefit of the Agency pursuant to this Agreement. section 3. Other Economic Development Aqency Activities. with respect to any activities or functions undertaken by employees acting on behalf of the Economic Development Agency which are not otherwise funded by the Agency, Exhibit "A" - Page 3 the City agrees to fund such activities and to compensate City employees involved in such activities from its own funding sources. section 4. This Agreement and all obligations of the Agency and the Commission to repay the principal and interest amounts owed hereunder to the City shall at all times be expressly subordinated to all other forms of indebtedness issued or incurred by either the Agency or the Commission and payable from tax increment revenues whether such indebtedness be in the form of bonds, notes, contractual arrangements or other forms of indebtedness as may be outstanding as of the date of this Agreement or as may be hereafter issued or incurred by the Agency or the Commission. section 5. This Agreement may be terminated by either the city or the Commission upon thirty (30) days written notice to the other party hereto. Exhibit "A" - Page 4 . . IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement effective as of the date first written above. COMMUNITY DEVELOPMENT COMMISSION. :;.- OF THE CITY OF SAN BERNARDI APPROVED AS TO FORM: By: ./ C /~ ~~~ By: ~~ Secretary, Kennet. . He derson APPROVED AS TO FORM: CITY OF SAN BERNARjDINO ~0' By: / ~.:::/ ~/ ~ - . J. <-__- omb May r, ~J By: G~ ~'J city Clerk, ~ach;l ~~g;;ey SBEOOOOI/DOC/414 Exhibit "An - Page 5