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2005 01 04 RDARedevelopment Agency Agendas are Available on the City's Web Page @ www.la-quinta.org REDEVELOPMENT AGENCY AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting Tuesday, January 4, 2005 - 2:00 P.M. Beginning Resolution No. RA 2005-001 CALL TO ORDER Roll Call: Agency Board Members: Adolph, Osborne, Perkins, Sniff, and Chairperson Henderson PUBLIC COMMENT At this time, members of the public may address the Redevelopment Agency on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. CLOSED SESSION NOTE: Time permitting the Redevelopment Agency Board may conduct Closed Session discussions during the dinner recess. In addition, persons identified as negotiating parties are not invited into the Closed Session meeting when the Agency is considering acquisition of real property. 1. CONFERENCE WITH AGENCY'S REAL PROPERTY NEGOTIATOR, MARK WEISS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY KNOWN AS PARCELS 1, 2, AND 3 OF PARCEL 29909, LOCATED AT THE NORTHWEST CORNER OF CALLE TAMPICO AND DESERT CLUB DRIVE. PROPERTY OWNER/NEGOTIATORS: SANTA ROSA PLAZA, LLC AND EMBASSY SUITES LA QUINTA. Redevelopment Agency Agenda 1 January 4, 2005 2. CONFERENCE WITH AGENCY'S LEGAL COUNSEL REGARDING PENDING LITIGATION, LA QUINTA REDEVELOPMENT AGENCY V. KSL DESERT RESORTS, INC., RIVERSIDE SUPERIOR COURT CASE NO. INC., 044676, PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) RECONVENE AT 3:00 P.M. PUBLIC COMMENT At this time members of the public may address the Agency Board on items that appear within the Consent Calendar or matters that are not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. When you are called to speak, please come forward and state your name for the record. Please watch the timing device on the podium. For all Agency Business Session matters or Public Hearings on the agenda, a completed "request to speak form should be filed with the City Clerk prior to the Agency beginning consideration of that item. CONFIRMATION OF AGENDA APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF DECEMBER 21, 2004 CONSENT CALENDAR NOTE: Consent Calendar items are considered to be routine in nature and will be approved by one motion. 1. APPROVAL OF DEMAND REGISTER DATED JANUARY 4, 2005. BUSINESS SESSION 1. CONSIDERATION OF REDEVELOPMENT AGENCY REORGANIZATION. A. MINUTE ORDER ACTION STUDY SESSION - NONE Redevelopment Agency Agenda 2 January 4, 2005 CHAIR AND BOARD MEMBERS' ITEMS - NONE PUBLIC HEARINGS — NONE ADJOURNMENT Adjourn to a regularly scheduled meeting of the Redevelopment Agency to be held on January 18, 2005 commencing with closed session at 2:00 p.m. and open session at 3:00 P.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, June S. Greek, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta Redevelopment Agency meeting of Tuesday, January 4, 2005, was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 111, on Thursday, December 30, 2004. DATED: December 30, 2004 JUNE S. GREEK, CIVIC, City Clerk City of La Quinta, California Redevelopment Agency Agenda 3 January 4, 2005 T 0 jilv, 4 AGENDA CATEGORY: BUSINESS SESSION COUNCIL/RDA MEETING DATE: JANUARY 4, 2005 CONSENT CALENDAR ITEM TITLE: Demand Register Dated January 4, 2005 RECOMMENDATION: It is recommended the Redevelopment Agency Board: STUDY SESSION PUBLIC HEARING Receive and File the Demand Register Dated January 4, 2005 of which $151,427.31 represents Redevelopment Agency Expenditures. PLEASE SEE CONSENT CALENDAR ITEM NUMBER 1 ON CITY COUNCIL AGENDA COUNCIL/RDA MEETING DATE: J a n u a ry 4, 2005 ITEM TITLE: Consideration of Redevelopment Agency Reorganization AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Select a Chairperson and Vice -Chairperson of the La Quinta Redevelopment Agency for the Calendar Year 2005. FISCAL IMPLICATIONS: None CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: The provisions of Redevelopment Agency Resolution Number RA 99-01, adopted on January 19, 1999 amending the agency bylaws, spells out the procedure for electing The Chair and Vice Chair as follows: "Section 2.02 — Chair. Unless otherwise provided by law, ordinance, or resolution of the Agency, the Agency Board shall annually at its first meeting held after December 30th, or as soon thereafter as possible, vote to elect one of its number as Chair. The Mayor shall specifically be excluded from being eligible to serve as chair of the Agency. The Chair shall preside at all meetings of the Agency, except as otherwise authorized by resolution of the Agency or the provisions of these bylaws, the Chair shall have the authority to sign on behalf of the Agency, all contracts, deeds and other Instruments made by the agency. Section 2.03 Vice Chair. Unless otherwise provided by law, ordinance, or resolution of the Agency, the Agency Board shall annually at its first meeting held after December 30th, or as soon thereafter as possible, vote to elect one of its number as Vice Chair. The Mayor shall specifically be excluded from being eligible to serve as Vice Chair of the Agency. The Vice Chair shall perform the duties of the Chair in the absence or incapacity of the Chair." FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Select a Chairperson and Vice -Chairperson of the La Quinta Redevelopment Agency for the Calendar Year 2005; or 2. Provide staff with alternative direction. Respectfully submitted, J n . reek, City Clerk Approved for submission by: Thomas P. Genovese, City Manager Attachments: Attachment 1 Resolution No. 99-01 2 Attachment 1 RESOLUTION NO. RA 99-01 A RESOLUTION OF THE LA QUINTA REDEVELOPMENT AGENCY BOARD AMENDING BYLAWS FOR THE LA QUINTA REDEVELOPMENT AGENCY WHEREAS, the City Council of the City of La Quinta has organized itself as the La Quinta Redevelopment Agency; and, WHEREAS, the Board Members of the Agency have established bylaws to conduct its business; and WHEREAS, it is necessary for the Agency to amend the bylaws. NOW, THEREFORE, the La Quinta Redevelopment Agency Board does hereby RESOLVE as follows: Section 1. The "Bylaws" of the La Quinta Redevelopment Agency are hereby amended in the form attached to this resolution, and incorporated herein by reference, are hereby adopted. PASSED, APPROVED and ADOPTED this 191h day of January, 1999 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Members Adolph, Henderson, Pena, Sniff, Chairman Perkins None None None 2 c� RON PERKINS, Chairman La Quinta Redevelopment Agency La Quinta Redevelopment Agency Resokidon No. RA 99-01 Adopted: 1 /19199 Page 2 APPROVED AS TO FORM: DAWN C. HONEY WE L, Attorney La auinta Redevelopment Agency 3 BYLAWS OF THE LA QUINTA REDEVELOPMENT AGENCY Section 1.01. - arne of . The official name of the Agency shall be the "La Quinta Redevelopment Agency." Section 1 M. - Seal of Agengy. The seal of the Agency shall be in the form of a circle and shall bear the name of the Agency and the year of its organization. Section 1.03. - Office of °nay. and Place of Mpg. The office of the Agency shall be at City Hall, 78-495 Calle Tampico, La Quints, California, but the Agency may hold its meeting at any place in the City of La Quinta, California, which the Agency may from time to time designate by resolution. Section 1,04. - Power. The powers of the Agency shall be vested in the members thereof then in office, who reserve unto themselves the right to delegate by resolution such powers as are appropriate and permissible by law. -- Section 1.05. - Members. The members of the Agency shall be the members of the City Council of the City of La Quinta. Section 2.01. - Ofr ficerra. The officers of the Agency shall be a Chair and a Vice Chair. Ex officio positions acting as its staff shall be an Executive Director, Secretary to the Board and Treasurer. - fir- Unless otherwise provided by law, ordinance, or resolution of the Agency, the Agency Board shall annually at its first meeting held after December 301", or as soon thereafter as possible, vote to elect one of its number as Chair. The Mayor shall specifically be excluded from being eligible to serve as chair of the Agency. The Chair shall preside at all meetings of the Agency. Except as otherwise authorized by resolution of the Agency or the provisions of these Bylaws, the Chair shall have the authority to sign on behalf of the Agency, all contracts, deeds and other instruments made by the Agency. RDA Bylaws Resolution No. RA 99-01 Adopted: 1 /19199 Page, 2 Section 2.03. - Vice Chair. Unless otherwise provided by law, ordinance, or resolution of the Agency, the Agency Board shall annually at its first meeting held after December 301h, or as soon thereafter as possible, vote to elect one of its number as Vice Chair. The Mayor shall specifically be excluded from being eligible to serve as Vice Chair of the Agency. The Vice Chair shall perform the duties of the Chair in the absence or incapacity of the Chair. Section 2.04. - Executive Director. The Executive Director shall be the City Manager of the City of La Quinta. The Executive Director shall have general supervision over the administration of Agency business and affairs, subject to the direction of the Agency. The Executive Director shall have the authority to sign on behalf of the Agency all contracts, deeds, and other instruments made by the Agency. Section 2.05. - Secretary to the Board. The Secretary to the Board shall be the City Clerk of the City of La Quinta. The Secretary to the Board shall keep the records of the Agency, act as secretary at meetings of the Agency, record all votes and keep a record of the proceedings of the Agency in a journal of proceedings to be kept for such purpose, and perform all duties incident to the Secretary to the Board's office. The Secretary to the Board shall maintain a record of all official proceedings of the La Quinta Redevelopment Agency and the redevelopment program. Section 2.06. - Treasurer. The Treasurer shall be Treasurer of the City of La Quinta. The Treasurer of the City of La Quinta is the Finance Director. The Treasurer shall have the care and custody of all funds of the Agency and shall deposit same in the name of the Agency in such bank or banks as the Agency may select. The Treasurer shall sign all orders and checks for the payment of money and shall pay out and disburse such monies under the direction of the Agency. The Treasurer shall keep regular books of account, showing receipts and expenditures, and shall render to the Agency at each regular meeting, or more often when requested, an account of transactions and the financial conditions of the Agency. The Treasurer shall give such bond for faithful performance of the Treasurer's duties as the Agency may determine. RDA Bylaws Resolution No. RA 9"l Adopted: 1119199 Page 3 Section 2.07. - Special Counsel. The Agency may appoint Special Counsel to give advice to the Agency and to provide a variety of services, including without limit, the preparation of all proposed resolutions, laws, rules, contracts, bonds and other legal papers for the Agency. The Special Counsel for the Agency is the City Attorney. The Special Counsel may give advice or opinions in writing to the Chair or other Agency officers whenever requested to do so. The Special Counsel may attend to all suits and other matters to which the Agency is a part or in which the Agency may -be legally interested and do such other things pertaining to the Special Counsel's office as the Agency may request. Such Special Counsel shall serve at the pleasure of the Agency. Section 2.08. - CQmnensation. The members of the Agency shall receive such compensation as the City Council prescribes, .but said compensation shall not exceed that amount as set forth in Section 33114.5 of the Health & Safety Code as such Section may from time to time be amended. Section 2.09. - Additional Duties. The officers and ex officio positions of the Agency shall perform such other duties and functions as may from time to time be required by the Agency or the Bylaws or rules and regulations of the Agency. Section 2.1 O. - Absences. In the temporary absence of both the Chair and the Vice Chair, the most senior Board Member shall serve as Presiding Officer. In the event that there are two Board Members with equal seniority, then the Member who received the highest number of votes in the General Municipal Election shall serve as Presiding Officer. Section 2.11. - Additional Personnel. The Agency may from time to time appoint or employ such personnel as it deems necessary to exercise its powers, duties and functions as prescribed by the California Community Redevelopment Law and all other laws of the State of California applicable thereto. Additional personnel may include, but is not limited to, contract consultants, attorneys, special counsel and project implementation contractors as conditions warrant. The selection, duties and compensation of such personnel shall determined by the Agency, subject to the laws of the State of California. 5 RDA Bylaws Resolution No. RA 99-01 Adopted: 1 /19199 Pap 4 Section 3.01. - Regular Meetings. The regular meetings of the Agency shall be held on the first and third Tuesday of each month at 2:00 p.m. in the Chambers of the City Council, 78-495 Calle Tampico, La Quinta, California. In the event such date shall fall on a legal holiday, the regular meeting shall be held on the next succeeding business day. Section 3.02. - Special Meetings. The Chair of the Agency may, when it is deemed expedient, and shall, upon the written request of two (2) members of the Agency, call a special meeting of the Agency for the purpose of transacting the business designated in the call. The means and method for calling such special meeting shall be as set forth in the Ralph M. Brown Act, California Government Code Sections 54950, ra mq., as it now exists or may hereafter be amended. At such special meeting, no business shall be considered other than as designated in the call. Section 3.03. - Quorum. Three (3) members of the Agency shall constitute a quorum fro the purpose of conducting Agency business, exercising Agency powers and for all other purposes, but a smaller number may adjourn from time to time until the quorum is obtained. Every official act of the Agency shall be adopted by a majority vote. A "majority vote" shall mean a majority of all members present when a quorum is present. Section 3.04. - Order of Business. At the regular meetings of the Agency, the following shall be the order of business: (1) Roll Call; (2) Public Comment; (3) Closed Session; (4) Public Comment; (5) Confirmation of Agenda; (6) Approval of Minutes; (7) Consent Calendar; (8) Business Session; (9) Study Session; (10) Department Reports; 01) Chair and Board Members' Items; (12) Public Hearings; (13) Adjournment. r� RDA Bylaws Resolution No.. RA 99-01 Adopted: 1119199 Page 5 All resolutions shall be in writing and designated by number, reference to which shall be inscribed in the minutes and an approved copy of each resolution filed in the official book of resolutions of the Agency. Section 3.06. - -Manner of yoting. The voting on formal resolutions, matters to any federal, state, county or city agency, and on such other matters as may be requested by a majority of the Agency members, shall be by electronic voting, and the ayes, noes and members present not voting shall be entered upon the minutes of such meeting, except on the election of officers, which may be by ballot. Section 3.06. - Parliamentary Procedure. Unless a different procedure is established by resolution of the Agency or set forth in these Bylaws, the rules of parliamentary procedure as set forth in Robert's Rules of Order Revised shall govern all meetings of the Agency. Section 4.01. - pu_ blic Notice. The Desert Sun, with offices located at 750 North Gene Autry Trail, Palm Springs, California 92262, is hereby designated as the Agency's official newspaper for all legally required public notices. Section 5.01. - Amendments to Sylaws. The Bylaws of the Agency may be amended by resolution by the Agency, at any regular or special meeting by majority vote. Sec. • . - Conflicts. Conflicts shall be determined and governed by a Conflict of Interest Code adopted by the Agency and approved by the City Council. SftCity ClarkXRDABYLAWSADOPTED1999.wpd 7