2011 08 23 RDAFO K� •�Oz �� y r! �y+��'
CF`y OF Tt'°
NOTICE AND CALL OF SPECIAL MEETING
OF THE LA QUINTA REDEVELOPMENT AGENCY
TO THE MEMBERS OF THE REDEVELOPMENT AGENCY OF THE CITY OF LA
QUINTA AND TO THE CITY CLERK:
NOTICE IS HEREBY GIVEN that a special meeting of the Redevelopment
Agency of the City of La Quinta is hereby called to be held on August 23, 2011
starting at 4:00 p.m. at La Quinta City Hall, 78-495 Calle Tampico, La Quinta,
California.
Said special meeting shall be for the purpose of
considering a resolution containing the La Quinta
Redevelopment Agency's Enforceable Obligation payment
Schedule pursuant to Health & safety code Section
341691g1. A
Dated: ((
�J ' TERRY
DECLARATION OF POSTING
ON, Chairperson
I, Veronica J. Montecino, City Clerk of the City of La Quinta, do hereby declare
that the foregoing agenda for the Special La Quinta Redevelopment Agency
meeting of August 23, 2011, 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 August 19, 2011.
DATE . August 19 201 1
Veronica J. ntecino, City Clerk
City of La inta, California
REDEVELOPMENT AGENCY 1 AUGUST 23, 2011 10 001
Or# 4 4 adja
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
SPECIAL MEETING
TUESDAY, AUGUST 23, 2011 AT 4:00 P.M.
Beginning Resolution No. RA 2011-031
CALL TO ORDER
Roll Call:
Agency Board Members: Adolph, Evans, Franklin, Sniff, Chairperson Henderson
CLOSED SESSION — NONE
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 - NONE
CONSENT CALENDAR - NONE
0,02
REDEVELOPMENT AGENCY AGENDA 1 AUGUST 23, 2011
BUSINESS SESSION
1. CONSIDERATION OF ADOPTION OF A RESOLUTION CONTAINING THE
LA QUINTA REDEVELOPMENT AGENCY'S ENFORCEABLE OBLIGATION
PAYMENT SCHEDULE PURSUANT TO HEALTH & SAFETY CODE SECTION
34169(g)
A. RESOLUTION ACTION
STUDY SESSION — NONE
CHAIR AND BOARD MEMBERS' ITEMS — NONE
PUBLIC HEARINGS — NONE
ADJOURNMENT
The next regular meeting of the Redevelopment Agency will be held on September
20, 2011 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 August
23, 2011, 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 1 1 1, on August 19, 2011.
ZDATED:ugust 19, 2011
c
VERONICA J. NTECINO, City Clerk
City of La Q mta, 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.
003
REDEVELOPMENT AGENCY AGENDA 2 AUGUST 23, 2011
I
COUNCIL/RDA MEETING DATE: August 23, 2011
ITEM TITLE: Consideration of Adoption of a Resolution
Containing the La Quinta Redevelopment Agency's
Enforceable Obligation Payment Schedule Pursuant to
Health & Safety Code Section 34169(g)
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Adopt a Resolution containing the La Quinta Redevelopment Agency's Enforceable
Obligation Payment Schedule ("Schedule") pursuant to Health & Safety Code
Section 34169(g).
FISCAL IMPLICATIONS:
None for this action. The purpose of adopting the Enforceable Obligation Payment
Schedule is to ensure that the Agency may be able to continue to make certain
payments.
BACKGROUND AND OVERVIEW:
On June 29, 2011, Governor Brown signed several budget trailer bills to implement
the State Budget for Fiscal Year 2011/2012: ABx1 26 (the "Dissolution Act")
immediately suspends all new redevelopment activities and incurrence of
indebtedness, and dissolves redevelopment agencies effective October 1, 201 1;
and ABx1 27 (the "Continuation Act") allows redevelopment agencies to avoid
dissolution under the Dissolution Act if their host cities/counties elect to comply
with the alternative redevelopment program described in Part 1.9 thereof. Under
the Continuation Act, a redevelopment agency can continue to exist if its host
community commits to making certain payments beginning in January of 2012.
The legislation allows the Agency to transfer funding to the City for the purpose of
making the payments.
The City Council adopted an ordinance declaring the City's decision to comply with
the Continuation Act in order to enable the Agency to resume its redevelopment
activities. The ordinance was introduced on July 19th, and adopted on August
004
2nd. Pursuant to the express language of the Continuation Act, the Agency's
powers were restored as of the "enactment" of the ordinance. Technically,
"enactment" takes place upon the passage of the motion to approve the ordinance.
Therefore, based upon the language of the legislation, the La Quinta
Redevelopment Agency's powers were restored as of August 2, 2011.
The Dissolution Act requires cities that were not intending to "opt in" to the
Continuation Act, to adopt an Enforceable Payment Schedule (the "Schedule")
within 60 days of the Governor's signing of the bills. The Schedule is required to
list all of a redevelopment agency's monetary obligations that are "enforceable"
within the meaning of the Dissolution Act and must include, for each obligation:
(A) The project name associated with the obligation.
(B) The payee.
(C) A short description of the nature of the work, product, service, facility, or
other thing of value for which payment is to be made.
(D) The amount of payments obligated to be made, by month, through December
2011.
Certain types of payment schedules (e.g., schedules for bond payments and
employee costs) may be aggregated. The Schedule must be adopted at a public
meeting and shall be posted on the Agency's or host community's website. Once
adopted, the Schedule may be amended at any public meeting of the Agency.
After adoption or amendment, the Schedule is to be provided to the county auditor -
controller, the State Controller, and the Department of Finance.
Based upon the entire statutory scheme signed by the Governor, if a city chose to
adopt an opt -in ordinance, it was not subject to the requirement, to adopt an
Enforceable Obligation Payment Schedule. :For this reason, Agency staff had not
anticipated preparing or presenting such a schedule.
The California Redevelopment Association ( CRA"), the League of California Cities,
and two cities filed a legal challenge to the Dissolution Act and the Continuation
Act directly in the California Supreme Court On August 11th, the Court issued an
order indicating that it would exercise jurisdiction over the lawsuit. The Court set
an expedited briefing schedule to allow it to decide the case before the first
payment is due in January 2012. The Cour also stayed the effectiveness of all of
the Continuation Act, and some of the Dissolution Act. Due to uncertainties
created by the Court's initial order, the CRA requested clarification from the Court,
and on August 17, 2011, the Court clarified that the entirety of Part 1.8 of the
Dissolution Act is not subject to the stay.
005
Under the totality of the legislative scheme, this provision would not have applied
to La Quinta since it had opted in. However, since the legislation under which it
opted in is now on hold, the concern is that if no Schedule is adopted, one could
argue that the Agency could make no payments after August 29, 2011. While this
would be an absurd result, since the City' had already taken the steps to opt in,
Agency staff and Agency Counsel do not wish to run the risk that payments made
without such a Schedule could be challenged at a later date. For this reason,
Agency Counsel has prepared the attached proposed resolution. Given all of the
uncertainty, however, and the belief that the Schedule is not required for agencies
where the host city had adopted the opt -in ordinance, the resolution expressly
states that it is being adopted under protest. In addition, it has been drafted with
the intent of preserving the Agency's ,rights to claim that the filing of an
enforceable obligation payment schedule is not required, and reserves the Agency's
right to modify, supplement, or withdraw the Schedule.
Because of the detailed nature of the Enforceable Obligation Payment Schedule, the
Schedule was not completed as of the date of this report. It will be distributed to
the Agency Board members and will be made available to the public prior to the
public meeting.
FINDINGS AND ALTERNATIVES:
The alternatives available to the Agency Board include:
1. Adopt a Resolution containing the La Quinta Redevelopment Agency's
Enforceable Obligation Payment Schedule pursuant to Health & Safety Code
Section 34169(g); or
2. Do not adopt a Resolution .containing the La Quinta Redevelopment Agency's
Enforceable Obligation Payment Schedule pursuant to Health & Safety Code
Section 34169(g); or
3. Provide staff with alternative direction.
Respectfully submitted,
Debbie Powell
Economic Development Project Manager
006
Approved for submission by:
Thomas P. Genovese, Executive Director
Attachment: 1. Enforceable Obligation Payment Schedule
007
Twit 4 4 Qumr(v
MEMORANDUM
TO: Honorable Chairperson and RDA Agency Members
FROM: Thomas P. Genovese, Executive Director/�
DATE: August 23, 2011
SUBJECT: Revised Resolution, Agenda Item B1
RDA Special Meeting of August 23, 2011
Attached is a revised resolution provided by the City Attorney. The one
change is the addition of one line to the "Whereas" section. That line is
highlighted in red.
The purpose of this change is to make it clear that when the City adopted
the ordinance, it was opting into the voluntary program.
" 008
RESOLUTION NO. RA 2011 -
A RESOLUTION OF THE LA QUINTA REDEVELOPMENT AGENCY
ADOPTING AN ENFORCEABLE OBLIGATION PAYMENT SCHEDULE
PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION
34169(g)
WHEREAS, the City Council of the City of La Quinta ("City Council" or "City," as
applicable) approved and adopted (i) the Redevelopment Plan for La Quinta Project Area
No. 1 ("Project Area No. 1 " or "Project Area No. 1 Redevelopment Plan," as applicable)
on November 29, 1983, by Ordinance No. 43, as amended on December 20, 1994, by
Ordinance No. 258, on August 19, 2003, by Ordinance No. 388, and on March 16,
2004, by Ordinance No. 402; and (ii) the Redevelopment Plan for La Quinta
Redevelopment Project Area No. 2 ("Project Area No. 2" or "Project Area No. 2
Redevelopment Plan," as applicable) on May 16, 1989, by Ordinance No. 139, as
amended on December 20, 1994, by Ordinance No. 259, on February 3, 2004, by
Ordinance No. 399, on March 16, 2004, by Ordinance No. 403, and on March 16,
2004, by Ordinance No. 404; and
WHEREAS, the La Quinta Redevelopment Agency ("Agency") is engaged in
activities to execute and implement the Project Area No. 1 Redevelopment Plan and
the Project Area No. 2 Redevelopment Plan (collectively, the "Redevelopment
Plans") pursuant to the provisions of the California Community Redevelopment Law
(Health and Safety Code § 33000, et seq.) ("CRL"); and
WHEREAS, as part of the 2011-12 State budget bill, the California Legislature
enacted and the Governor signed, companion bills AB 1 X 26 and AB 1 X 27,
requiring that each redevelopment agency be dissolved unless the community that
created it enacts an ordinance electing to participate in an "Alternate Voluntary
Redevelopment Program" and committing the community to make certain annual
remittance payments to the county auditor -controller; and
WHEREAS, on August 2, 2011, under the threat of dissolution pursuant to AB
1 X 26, the City Council adopted Ordinance No. 491, pursuant to which it opted in
to the Alternative Voluntary Redevelopment Program contained in AB 1 X27 and
agreed, subject to certain contingencies and reservations set forth therein, to make
the Fiscal Year 201 1-2012 annual remittance payment, as well as the subsequent
annual remittance payments as set forth in the CRL; and
WHEREAS, an action challenging the constitutionality of AB 1 X 26 and AB 1 X 27
has been filed in the California Supreme Court by the California Redevelopment
Association, the League of California Cities, and two individual cities; and
009
Resolution No. RA 2011-
Adoption of Enforceable Obligations Payment Schedule
Adopted: August 23, 2011
Page 2
WHEREAS, on August 11 th, 2011, the Court (i) issued an order indicating that it
would exercise jurisdiction over the lawsuit, (ii) set an expedited briefing schedule
to allow it to decide the case before the first annual remittance payment is due in
January 2012, and (iii) stayed the effectiveness of all of the Continuation Act, and
all of the Dissolution Act except Chapter 1 of Part 1.8 thereof (with the exception
of Section 34167.5, which was stayed); and
WHEREAS, on August 17, 2011, the Court clarified that the stay issued on
August 11, 2011 applies to all of the Dissolution Act except Part 1.8 (e.g., Health
and Safety Code Sections 34161- 34169.5); and
WHEREAS, Health and Safety Code Section 34169 requires redevelopment
agencies that do not timely elect to participate in the Alternative Voluntary
Redevelopment Program to prepare and adopt, within 60 days after the effective
date of AB 1 X 26, an "enforceable obligation payment schedule" that lists all
obligations of the redevelopment agency that are enforceable within the meaning of
subdivision (d) of Section 34167; and
WHEREAS, Health & Safety Code Section 34167 prohibits redevelopment
agencies that have not timely elected to participate in the Alternative Voluntary
Redevelopment Program from making any payments 60 days after the effective
date of AB 1 X 26 unless the payment is listed in an adopted enforceable obligation
payment schedule, other than payments required to meet obligations with respect
to bonded indebtedness; and
WHEREAS, in order to ensure the Agency's continued ability to operate and make
payments on its current obligations pending the Court's decision on the legality of
AB 1 X 26 and AB 1 X 27, the Agency has determined to adopt, under protest, an
enforceable obligation payment schedule (the "Schedule"); and
WHEREAS, the Agency's adoption of the Schedule is without prejudice to the
Agency's right to claim that the filing of an enforceable obligation payment
schedule is not required, and the Agency reserves the right to modify, supplement,
or withdraw the Schedule; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW THEREFORE, BE IT RESOLVED, by the La Quinta Redevelopment Agency,
as follows:
Section 1. Recitals. The Recitals set forth above are true and correct and
incorporated herein by reference.
16 010
Resolution No. RA 2011-
Adoption of Enforceable Obligations Payment Schedule
Adopted: August 23. 2011
Page 3
Section 2. Adoption of Enforceable Obligation Payment Schedule . In order
to enable the Agency to strictly comply with Health and Safety Code Section
34167, and based on the Recitals set forth above, the Agency hereby adopts the
Schedule attached hereto as Exhibit A as the Agency's enforceable obligation
payment schedule.
Section 3. Adoption Under Protest. Agency hereby adopts the Schedule
under protest and without prejudice to the Agency's right to claim that the filing of
the Schedule is not required, and the Agency hereby reserves the right to modify,
supplement, or withdraw the Schedule.
Section 4. Effect of Court Decision. Agency shall not be bound by the
Schedule in the event a court of competent jurisdiction determines that both AB 1 X
26 and AB 1 X 27 are constitutional and therefore valid, or that both AB 1 X 26 and
AB 1 X 27 are unconstitutional and therefore invalid, and all appeals therefrom are
exhausted or unsuccessful, or time for filing an appeal therefrom has lapsed.
Section 5. Implementation. The Agency Board hereby authorizes and
directs the Executive Director to take any action and execute any documents
necessary to implement this Resolution.
Section 6. CEQA. The Agency Board finds, under Title 14 of the California
Code of Regulations, Section 15378(b)(4), that this Resolution is exempt from the
requirements of the California Environmental Quality Act ("CEQA") in that it is not
a "project," but instead consists of the continuation of a governmental funding
mechanism for existing projects and programs for which CEQA analysis has already
been conducted, and does not commit funds to any specific project or program.
Section 7. Severability. If any provision of this Resolution or the
application thereof to any person or circumstance is held invalid, such invalidity
shall not affect other provisions or applications of this Resolution which can be
given effect without the invalid provision or application, and to this end the
provisions of this Resolution are severable. The Agency Board hereby declares that
it would have adopted this Resolution irrespective of the invalidity of any particular
portion thereof.
PASSED, APPROVED, AND ADOPTED at a special meeting of the La Quinta
Redevelopment Agency held this 23rtl of August, 2011, by the following vote, to
wit:
AYES:
NOES:
011
Resolution No. RA 2011-
Adoption of Enforceable Obligations Payment Schedule
Adopted: August 23, 2011
Page 4
ABSENT:
ABSTAIN:
Terry Henderson, Chair
La Quinta Redevelopment Agency
ATTEST:
VERONICA MONTECINO, CMC, Agency Secretary
La Quinta Redevelopment Agency
APPROVED AS TO FORM:
M. KATHERINE JENSON, Agency Counsel
La Quinta Redevelopment Agency
012
c&ty� 4 4 Qa&ro
MEMORANDUM
TO: The Honorable Chair and Members of the Redevelopment Agency
FROM: Thomas P. Genovese, Executive Director
� IJA
DATE: August 23, 2011
SUBJECT: Enforceable Obligation Payment Schedule
Attachment 1 to Business Session Item No. 1
Consideration of Adoption of a Resolution Containing the La Quinta
Redevelopment Agency's Enforceable Obligation Payment Schedule
Pursuant to Health & Safety Code Section 34169(g)
Attached please find the Enforceable Obligation Payment Schedule, which is
Attachment 1 to Business Session Item No. 1 - Consideration of Adoption of a
Resolution Containing the La Quinta Redevelopment Agency's Enforceable
Obligation Payment Schedule Pursuant to Health & Safety Code Section 34169(g).
013
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