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HomeMy WebLinkAbout1979-10-16; City Council; Resolution 59631 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 5963 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN AGREE- MENT ESTABLISHING CITY-CARLSBAD HOUSING AND REDEVELOPMENT COmISSION RELATIONSHIPS. WHEREAS, the City of Carlsbad desires to establish certain City-Commission relationships with the Carlsbad Housing and Redevelopment Commission, and WHEREAS, the Housing Authority of the City of Carlsbad currently employs personnel to carry out its programs, and WHEREAS, the City Council desires to insure that activation of a Community Development Commission will not detrimentally affect existing employees of the Authority, and WHEREAS, the City Council desires to employ existing Carlsbad Housing Authority personnel in comparable City positions, and finds it impractical to fill such newly created City positions by com- petitive examination. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, as follows: 1. That the above recitations are true and correct. 2. That the agreement between the City of Carlsbad and the Carlsbad Housing and Redevelopment Commission establishing certain City-Commission relationships as set forth in Exhibit A attached hereto, and made a part thereof is approved and the Mayor is authorized to sign said Agreement on behalf of the City. 3. That existing Housing Authority personnel are hereby assigned to comparable City positions as may be de- termined by the City Manager in the City Classification Plan. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 16th day of October ,1979 by the follow- ing vote, to wit: 1 2 3 4 F; v E ‘i E 5 ac 11 1: 1: 11 l! It 1’ 14 l! 2( 2: 2; 2; 22 2 21 2‘ 2, 0 * AYES : Councilmen Packard, Skotnicki, Anear, Lewis and Councilwoman NOES : None ABSENT : None Cas1 er ITTEST: (SEAL) AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION ESTABLISHING CERTAIN CITY-COMMISSION mLATIONSHIPS THIS AGREEMENT is made this ab34 day of lubV EmB&R I 1977 - I by and between the CITY OF CARLSBAD, CALIFORNIA, (hereinafter referred to as "City") and the CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION (hereinafter referred to as the "Commission") . W I T N E S S E T H: NOW, THEREFORE, it is agreed between the parties hereto as follows : I. GENERAL A. Ordinance: Pursuant to the California Health and Safety Code, Section 34100 et seq. the Carlsbad City Council, on November 6, 1979 , by Ordinance No. 1223 , declared that there was a need for a Community Development Commission to function in the City. B. Appointment of Five Members: The City Council by Ordinance No. 1223 declared itself to be the commis- sion and such Council members are serving as commission members . C. Separate Commission. The Commission is and shall remain as a separate public body, corporate and politic, exer- cising governmental functions and performing a public function of the City. D. City Manager--Executive Director of the Commission. The City Manager has been appointed as the Executive Director of the commission. As a portion of his duties and functions he shall have ultimate day-to-day admin- istrative responsibility to carry out commission programs and affairs. E. Officers, Employees, Agents, Consultants, and Contractors. The officers of the commission shall be City officials as established in the By-Laws of the commission. The City Manager, with the approval of the commission members, may select, appoint, employ, and contract for such per- manent and temporary consultants, contractors, agents, and employees as it requires, and determine their quali- fications, duties, benefits and compensation, subject to the other provisions of this agreement and the law. 11. CITY SERVICES A. Services to be Provided. The City, its officers and employees, shall perform services for the commission in carrying out its work in redevelopment and housing. commission shall also have access to the facilities of the department and offices of the City. The Those City officers and employees who are also appointed to positions or offices with or related to the commission shall perform services for the commission in a dual capacity. The City Manager shall perform services in his capacity as City Manager and also as the Executive Director of the Commission. The City Manager and other appropriate City officials and the comission shall determine and establish the procedures to be followed in the request for, and the rendering of, such services. B. Compensation by the Commission for Services Rendered. C. The commission shall reimburse the City for all costs incurred by City officers and employees in rendering services to the commission and shall be responsible for retirement of all debts incurred by the Carlsbad Redeve- lopment Agency pursuant to Agency Resolution No. 2. The commission shall reimburse the City for all such services performed on an hourly basis at rates including overhead established by the City Manager. No City officer or employee shall be paid extra compensation for any work performed for the commission unless such compensation is expressly authorized and provided for by the City Council. Method of Payment. 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 commission however, shall not be responsible for the payment of accrued costs for services until funds are available to the commission for this purpose. Commission revenues may come from many sources, many of which may be available to the commission only for limited and special purposes. It is expected that any funds which may become available to the commission for the reimbursement of costs for services rendered by the City will be used to pay the accrued costs. The commission shall reimburse the City for such costs only if funds become available. Once funds become available from which the commis- sion may pay costs for services, then all costs thereto- fore accrued shall be paid in a time and manner consistent with the needs of the commission. 111. AGENCY OFFICES The principal office of the commission shall be located in the City Hall of the City of Carlsbad. The City agrees to lease to the commission necessary and ample space for business offices and meeting rooms of the commission. Said space shall also include use of the City Council Chambers for meetings of the commission. Leases for such purposes shall be entered into from time-to-time as separate space is needed by the commission. 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. Commission revenues may come from many sources, most of which are available to the commission only for limited and special purposes. Any funds which may become available to the commission for the payment of rent shall pay the rent only if funds become available for such purposes. IV. BY-LAWS AND REGULATIONS The commission members have adopted and will adopt By-Laws and other regulations to carry into effect the powers, purposes and functions of the commission and to establish policies of the commission members for the guidance of the City Manager serving as Executive Director. The commission shall supply such information and reports to the City as may be required. V. CITY RESPONSIBILITIES A. City Aid and Assistance. The City will aid and cooperate in the planning, undertaking, construction or operation of redevelopment and housing projects within the City as permitted by applicable statute. B. Administrative Fund. The City will establish such funds as necessary and appropriate with money appropriated by the City Council to the commission as a loan to be repaid upon such terms and conditions as the City Council may provide. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. ATTEST : CITY OF CARLSBAD V City Clerk Mayor ATTEST : CARLSBAD tor APPROVED AS TO FORM: r V City Attorney