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HomeMy WebLinkAboutRDA RES 299RESOLUTION NO. 299 A RESOLUTION OF THE PALM DESERT REDEVELOPMENT AGENCY APPROVING AN AGREEMENT FOR ADVANCE AND REIMBURSEMENT OF ADMINISTRATIVE AND OVERHEAD EXPENSES AND APPOINTING AN EXECUTIVE DIRECTOR THE PALM DESERT REDEVELOPMENT AGENCY HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. The Agency Board hereby appoints Carlos L. Ortega as Executive Director of the Palm Desert Redevelopment Agency. As Executive Director of the Agency, he shall have the duties, powers and functions as set forth in the Bylaws of the Agency, this Resolution and such other resolutions and orders of the Agency, as the Agency Board may approve from time to time. Section 2. The Agreement for Advance and Reimbursement of Administrative and Overhead Expenses, attached hereto, is hereby approved. The cost to the City of all administrative, overhead and other assistance, including without limitation the compensation paid to the Executive Director, shall be annually reimbursed to the City by the Agency, together with any and all other administrative, overhead and other assistance advanced by the City to the Redevelopment Agency pursuant to such Agreement. The salary and compensation paid to the Executive Director shall be as set forth in the salary resolution of the City Council. Section 3. A. The Executive Director shall receive such compensation as the Agency Board shall determine from time to time. B. In addition to compensation, the Executive Director shall be reimbursed for all actual and necessary expenses incurred by him in the performance of his official duties. Section 4. The Executive Director shall be the administrative head of the Agency under the direction and control of the Agency Board. The Executive Director shall be responsible for the efficient administration of all the affairs of the Agency. It shall be the duty of the Executive Director and he shall recommend to the Agency Board for adoption such resolutions and orders pertaining to redevelopment and finance as he deems necessary. It shall be the duty of the Executive Director, and he shall have the authority to control, order and give directions to all employees of the City assigned to the Agency. It shall be the duty and right of the Executive Director to attend all meetings, including executive sessions of the Agency Board. It shall be the duty of the Executive Director to prepare and submit the proposed annual budget of the Agency to the Agency Board for its approval. RESOLUTION NO. 299 Section. The Agency Board and its members shall deal with the administrative services of the Agency only through the Executive Director, and neither the Agency Board nor any member thereof shall give orders or instructions to any subordinates of the Executive Director. The Executive Director shall take his instructions from the Agency Board only when sitting in a duly convened meeting of the Agency and no individual members shall give any orders or instructions to the Executive Director. Section 6. Nothing in this Resolution shall be construed as a limitation on the power or authority to the Agency Board to enter into any supplemental agreement with the Executive Director delineating additional terms and conditions of employment not inconsistent with any provisions of this Resolution. Section 7. The Agency Board shall from time to time, as it deems appropriate under the circumstances, evaluate the Executive Director, and communicate the results of such evaluation to the Executive Director. repealed. 1994. Section 8. Resolution No. 178 of the Agency is hereby PASSED, APPROVED AND ADOPTED this loth day of November, AYES: BENSON, KELLY, SNYDER, WILSON, CRITES NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: ,)•� /.L• Sheila R. Gilligan, -Secretary Buford A. Crites, Chairman 2 AGREEMENT FOR ADVANCE AND REIMBURSEMENT OF ADMINISTRATIVE AND OVERHEAD EXPENSES THIS AGREEMENT is made as of the loth day of November 1994, by and between the City of Palm Desert, hereinafter referred to as "City", and the City of Palm Desert Redevelopment Agency hereinafter referred to as the "RDA". RECITALS A. Pursuant to the Community Redevelopment Law (California Health and Safety Code Section 33000, gt sea.), the City and the RDA have undertaken various programs for the redevelopment of blighted areas in the City and in that regard have approved and adopted several redevelopment plans for specific project areas. B. The RDA in its past activities and in future activities utilizes members of the City staff and all employees of the Agency are also employees of the City. In addition to members of the City staff who are utilized by the RDA, other City departments such as Community Development, Building and Safety, Public Works, and Finance devote substantial time and effort in providing assistance for redevelopment activities. C. The RDA has issued, and in the future will issue, for financing purposes its tax allocation bonds and other obligations to finance and refinance various public improvements benefitting the City, which financing has included tax allocation revenue bonds as well. D. The City has provided staff physical facilities and other resources of the City to the RDA in the way of office space, equipment, supplies, insurance, personnel and other City services and facilities and will continue to provide such services to the RDA. E. The City and RDA desire to enter into this Agreement to acknowledge the foregoing recitals and provide a clear and appropriate chain of command and method for reimbursement for such advances by the RDA to the City. NOW, THEREFORE, the parties do hereby agree as follows: Section 1. A. The RDA, as an agency, will provide the mechanism and the facilities for financing various public works projects. Such projects will be administered and carried out as functions of the DJE59194 DJE59194 City of Palm Desert. The RDA will, as an agency, provide a project schedule submitting budgets and timelines for implementation which will be a part of the City's and RDA's budgets and the capital improvement budget will be the City financial plan and will be a coordinated effort between the City and the RDA for ratification and approval by the City Council and the RDA Board. B. In addition to financing functions, the RDA will provide the economic development and housing functions for the City and in that area shall submit to the City Manager programs and goals for review and joint presentation by the Executive Director of the RDA and City Manager to the City Council -RDA Board for approval and implementation. C. The RDA shall do and provide such other and further assignments and projects as may be agreed upon by and between the RDA Executive Director and City Manager. D. The RDA Executive Director shall report directly to the RDA Board. Section 2. The City shall make available to the RDA its staff resources, office space, equipment, supplies, insurance and other services and facilities. All employees of the City assigned to the redevelopment, economic development, and housing functions shall provide full time staff services to the RDA. The RDA shall have access to the services and facilities of the other City commissions, personnel, and departments. Such other and further assistance may be requested from time to time by the Executive Director of the RDA by the City Manager. The City Manager shall deal with matters of the Agency and personnel assigned to the Agency through the Executive Director. Section 3. A. In addition to the administration and implementation of redevelopment .activities, economic development, and housing, it shall be the duty and responsibility of the RDA to prepare, administer and implement or to cause to be implemented all financial assistance in connection with the development of real property in the City to accelerate the economic development within the City of Palm Desert. B. In addition to the administration and implementation of redevelopment activities, the RDA shall also coordinate development rehabilitation improvement, preservation of low and moderate income housing, and shall monitor and manage such housing and financial assistance thereto with any and all other public entities that are non-profit corporations. -2- DJE59194 Section 4. The value of the staff resources of the redevelopment division of the City, and the value of all other staff resources, office space, equipment supplies, insurance and other services and facilities, as determined pursuant to Section 5 hereof, shall constitute a loan by the City for the administrative expenses and overhead of the RDA to be repaid by the RDA in accordance with this Agreement. Section 5. On or prior to July 1st of each year, each of the department heads shall prepare and submit to the City Manager a detailed accounting of time spent during the immediately preceding fiscal year by department personnel on matters for or related to the RDA, the implementation of the overall program for the redevelopment of blighted areas within the City, and any undertaking in furtherance of any redevelopment plan by the City, the RDA, the Palm Desert Financing Authority, or any related or subordinate public entity of the foregoing. Each department head shall also prepare and submit to the City Manager a detailed accounting of the use of all office space, equipment supplies, insurance, and other City services and facilities used by the department personnel in connection with time spent on the foregoing. Section 6. Based upon the foregoing detailed accountings prepared and submitted by each of the department heads, the City Manager, the Finance Director, or either of their designees, shall calculate the total of such time. The City Manager, the Finance Director, or either of their designees, shall further calculate the total aggregate time spent by all City personnel during such fiscal year, and shall then determine the percentage of time spent on matters related to redevelopment as described above. The City Manager, the Finance Director, or either of their designees, shall further determine the fair rental value of the office space and equipment, and the value of supplies, insurance, and other City services and facilities used during such fiscal year. Based upon the percentage of staff time spent on matters related to redevelopment,. as calculated above, the City Manager, the Finance Director, or either of their designees, shall determine a fair, reasonable and appropriate rental amount to charge to the RDA for the use thereof during such fiscal year. Section 7. The RDA shall pay to the City, upon demand, the time charges, and the fair rental value of office space, equipment, supplies, insurance and other City services and facilities used during such fiscal year, as determined in accordance with Section 6 above. In addition thereto, the RDA shall pay to the City the value of all of the salaries and benefits of the employees of the redevelopment and financing division, and the fair rental value of the office space and equipment, and the value of supplies and insurance associated with such employees. The Agency shall pay such charges, rental value and other value from any funds of the -3- • RDA lawfully available therefor; provided, however, that the obligation of the RDA shall be subordinate to any bonds, notes or other obligations of the RDA issued pursuant to law, and to any other obligation of the RDA as determined from time to time by the Agency Board. /.. ATTEST: 1;/. / ,,,r f (7i City Clerk L ATTEST: i /, -/ '�!C f.! City Clerk DJE59194 -4- CITY OF PALM DESERT: PALM DESERT REDEVELOPMENT AGENCY By C