2009 06 02 RDA&r# 4 40(ha
Redevelopment Agency agendas are
available on the City' web page
@ www.la-quinta.org
REDEVELOPMENT AGENCY
AGENDA
CITY COUNCIL CHAMBERS
78-495 Calle Tampico
La Quinta, California 92253
Regular Meeting
TUESDAY, JUNE 2, 2009 — 4:00 P.M.
Beginning Resolution No. RA 2009-003
CALL TO ORDER
Roll Call:
Agency'Board Members: Adolph, Henderson, Sniff, and Vice Chair Franklin
lone vacancy)
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.
CONFIRMATION OF AGENDA
APPROVAL OF MINUTES
1. APPROVAL OF MINUTES OF MAY 19, 2009.
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Redevelopment Agency Agenda 1 June 2, 2009
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 JUNE 2, 2009.
BUSINESS SESSION
1. CONSIDERATION OF REDEVELOPMENT AGENCY REORGANIZATION.
A. MINUTE ORDER ACTION
STUDY SESSION — NONE
CHAIR AND BOARD MEMBERS' ITEMS — NONE
PUBLIC HEARINGS — NONE
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 acquisition of real property is
considered.
1. CONFERENCE WITH THE AGENCY'S REAL PROPERTY NEGOTIATOR,
DOUGLAS R. EVANS, PURSUANT TO GOVERNMENT CODE SECTION
54956.8, CONCERNING POTENTIAL TERMS AND CONDITIONS OF
ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED
SOUTHEAST OF THE MILES AVENUE AND WASHINGTON STREET
INTERSECTION AND NORTH OF THE WHITEWATER STORM CHANNEL.
PROPERTY OWNER/NEGOTIATOR: CP DEVELOPMENT LA QUINTA, LLC,
RICHARD OLIPHANT.
2. CONFERENCE WITH THE AGENCY'S REAL PROPERTY NEGOTIATOR,
DOUGLAS R. EVANS, PURSUANT TO GOVERNMENT CODE SECTION
54956.8, CONCERNING POTENTIAL TERMS AND CONDITIONS OF
ACQUISITION AND/OR DISPOSITION OF CERTAIN REAL PROPERTY
LOCATED ON THE WEST SIDE OF WASHINGTON STREET, NORTH OF
AVENUE 48 (APN: 643-090-024). PROPERTY OWNER/NEGOTIATOR:
JOHN LAING HOMES, STEVE BARI.
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Redevelopment Agency Agenda 2 June 2, 2009
ADJOURNMENT
An adjourned meeting of the Redevelopment Agency will be held on June 9, 2009,
at 2:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA
92253. The next regular meeting of the Redevelopment Agency will be held on
June 16, 2009, commencing with closed session at 3:00 p.m. and open session at
4:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA
92253.
DECLARATION OF POSTING
I, Veronica Montecino, City Clerk of the City of La Quinta, do hereby declare that
the foregoing agenda for the La Quinta Redevelopment Agency meeting of June 2,
2009, 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 May 29, 2009.
DATED• May 29, 2009
VERONICA J ONTECINO, City Clerk
City of La Quinta, California
Public Notice
Any writings or documents provided to a majority of the Redevelopment Agency regarding
any item on this agenda will be made available for public inspection at the City Clerk
counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during
normal business hours.
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Redevelopment Agency Agenda 3 June 2, 2009
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COUNCILIRDA MEETING DATE: June 2, 2009
ITEM TITLE: Demand Register Dated
June 2, 2009
RECOMMENDATION:
It is recommended the Redevelopment Agency Board:
Receive and File the Demand Register Dated
June 2, 2009 of which $180,509.68
represents Redevelopment Agency Expenditures
AGENDA CATEGORY:
BUSINESS SESSION
CONSENT CALENDAR
STUDY SESSION
PUBLIC HEARING
PLEASE SEE CONSENT CALENDAR ITEM NUMBER 1 ON CITY COUNCIL AGENDA
004
COUNCILIRDA MEETING DATE: June 2, 2009
ITEM TITLE: Consideration of Redevelopment Agency
Reorganization
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Select a Chairperson and Vice -Chairperson of the La Quinta Redevelopment Agency
for the remainder of Calendar Year 2009.
FISCAL IMPLICATIONS:
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
Agency Member Kirk was appointed as Chairman for the Redevelopment Agency
(Agency) On January 15, 2008, and reappointed Chairman on January 20, 2009.
Chairman Kirk has announced his intention to resign from the City Council, and
consequently the Redevelopment Agency, effective May 31, 2009.
On January 19, 1999, the Redevelopment Agency adopted Resolution No. RA 99-01,
amending the Agency by-laws to establish the procedure for electing the Chair and
Vice -Chair.
Section 2.02 and Section 2.03 of the Redevelopment Agency by-laws state that 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 members as Chair and one as Vice -Chair.
The Mayor shall specifically be excluded from being eligible to serve as Chair and Vice -
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 by-laws, and the Chair shall
have the authority to sign on behalf of the Agency, all contracts, deeds, and other
instruments made by the Agency.
The Vice -Chair shall perform the duties of the Chair in the absence or incapacity of the
Chair.
The newly elected Chair and Vice -Chair will hold office for the remainder of the 2009
Calendar year.
FINDINGS AND ALTERNATIVES:
The alternatives available to the Agency Board include:
1. Select a Chairperson and Vice -Chairperson of the La Quinta Redevelopment
Agency for the remainder of Calendar Year 2009; or
2. Provide staff with alternative direction.
Respectf Ily submitted,
Veronica ontecino,
City CIeK
Approved for submission by:
Thomas P. Genovese, Executive Director
Attachment : 1. Redevelopment Agency By -Laws
006
ATTACHMENT 1
AMENDED AND RESTATED BYLAWS OF THE
LA QUINTA REDEVELOPMENT AGENCY
CLE I - THE AGENCY
Section 1.01. - Name of Agency. The official name of the Agency shall be
the `La Quinta Redevelopment Agency."
Section 1.02. - Seal of Agency. 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 Agency and Place of Meeting. The office of the
Agency shall be at City Hall, 78-495 Calle Tampico, La Quinta, 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. - Powers. 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.
Seaton 1.05. - Members. The members of the Agency shall be the members
of the City Council of the City of La Quinta.
ARTICLE 11 - OFFICERS AND EX OFFICIO POSITIONS
Section 2.01. - Officers. 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.
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.
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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.
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 Quints. 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.
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.
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Section 2.08. - Compensation. 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 2.10. - 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.
ARTICLE If - MEETINGS
Section 3.01. - Regular Meetings. The regular meetings of the Agency shall
be held on the first and third Tuesday of each month at the time designed in La
Quinta City Council Resolution No. 2006-102, as it currently exists or as it is
amended in the future, 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, at seq., 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
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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;
(S) Confirmation of Agenda;
(6) Approval of Minutes;
(7) Consent Calendar;
(8) Business Session;
(9) Study Session;
(10) Department Reports;
(11) Chair and Board Members' Items;
(12) Public Hearings;
(13) Adjournment.
All resolutions shall be in wilting 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 3.05. - Manner of Voting. 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. The Agency adopts the Rules of Procedure adopted by
the City Council of the City of La Quinta as its rules of procedure. To the extent of
conflict between these bylaws and the Rules of Procedure adopted by the City
Council, the Rules of Procedure shall govern.
ARTICLE IV - PUBLIC NOTICE
Section 4.01. - Public 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.
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Amended: 9/19/2006 Page 4
ARTICLE V - AMENDMENTS
Section 5.01. - Amendments to Bylaws. The Bylaws of the Agency may be
amended by resolution by the Agency at any regular or special meeting by majority
vote.
ARTICLE VI - CONFLICTS
Section 6.01.. - Conflicts. Conflicts shall be determined and governed by a
Conflict of Interest Code adopted by the Agency and approved by the City Council.
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