FA Resolution 2014-002RESOLUTION NO. FA 2014 - 002
A RESOLUTION OF THE LA QUINTA FINANCING
AUTHORITY OF THE CITY OF LA QUINTA,
CALIFORNIA, ADOPT AMENDED AND RESTATED
BYLAWS AND RULES OF PROCEDURE FOR MEETINGS,
RELATED FUNCTIONS, AND ACTIVITIES
WHEREAS, pursuant to the Joint Exercise of Powers Act, the City of La
Quinta (the "City") and the La Quinta Redevelopment Agency (the "RDA")
executed a Joint Exercise of Powers Agreement dated November 3, 1988 (the
"Original Agreement") whereby the City and the RDA created and established the
La Quinta Financing Authority (the "Authority");
WHEREAS, as part of the 2011/2012 State budget bill, the California
Legislature enacted and the Governor signed, Assembly Bill 26 ("ABx1 26")
requiring that each redevelopment agency be dissolved, and on December 29,
2011, the Court upheld ABx1 26; and
WHEREAS, on January 2, 2012, the City Council adopted Resolution 2012-
002, affirmatively electing to be the Successor Agency to the dissolved La Quinta
Redevelopment Agency ("Successor Agency"); and
WHEREAS, on June 27, 2012, the California Legislature enacted, and the
Governor signed, Assembly Bill 1484 ("AB 14841, which, among other things,
made certain revisions to certain of the statutes added by ABx1 26; and
WHEREAS, on March 18, 2014, the City and the Successor Agency
executed an Extension to the Original Agreement (the "Extension"), which
extended the term of the Original Agreement; and
WHEREAS, the Authority desires to adopt amended and restated bylaws
and rules of procedure for the general operation of the Authority and conduct of
its meetings, which shall supersede previous resolutions addressing these matters.
NOW, THEREFORE, BE IT RESOLVED by the Financing Authority of. the.City
of La Quinta, California, as follows:
SECTION 1. The Amended and Restated Bylaws and Rules of Procedure. of t3ie_> a
Quinta Financing Authority, a copy of which is attached hereto as Exhibit
incorporated herein are hereby approved.
..
Resolution No. FA 2014-002
Amended & Restated Bylaws & Rules of Procedure.
Adopted: April 15, 2014
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SECTION 2. The Financing Authority Chairperson and Executive Director are
authorized and directed to take such actions and execute such documents as may
be necessary to implement and affect this Resolution and the Bylaws on behalf of
the Financing Authority.
SECTION 3. The Authority Secretary shall certify to the adoption of this
Resolution.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta
Financing Authority held on this 15" day of April 2014 by the following vote.
AYES: Authority Members Evans, Franklin, Henderson, Osborne, Chair Adolph
NOES: None
ABSENT: None
ABSTAIN: None
DON A LPH, kAairperson
La Quinta Financing Authority
ATTEST:
SUSA� ELS, ecretary
La Quints Financing Authority
Resolution No. FA 2014-002
Amended & Restated Bylaws & Rules of Procedure
Adopted: April 15, 2014
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APPROVED AS
NE JENyON, Authority Counsel
La Quinta
Resolution No. FA 2014-002
Amended & Restated Bylaws & Rules of Procedure
Adopted: April 15, 2014
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EXHIBIT A
AMENDED AND RESTATED
BYLAWS AND RULES OF PROCEDURE
OF THE LA QUINTA FINANCING AUTHORITY
SECTION 1. CITY COUNCIL RULES OF PROCEDURE INCORPORATED
Except as provided otherwise herein, the provisions of the Rules of Procedure for
City Council Meetings and Related Functions and Activities shall apply to the La
Quinta Financing Authority and are hereby incorporated by reference as currently
written and as amended from time to time.
SECTION 2. NAME OF AUTHORITY.
The official name of the City of La Quinta Financing Authority shall be the "La
Quinta Financing Authority" (herein referred to as "Authority").
SECTION 3. SEAL OF AUTHORITY.
The seal of the Authority shall be in the form of a circle and shall bear the name
of the Authority and the year of its organization.
SECTION 4. OFFICE OF AUTHORITY AND PLACE OF MEETING.
The office and regular place of meeting of the Authority shall be at the La Quinta
City Hall, 78-495 Calle Tampico, La Quinta, California. The Authority may hold
its meetings at such other locations as the Authority may from time to time
designate by resolution, in the order of adjournment, or notice of call of any
special meeting.
SECTION 5. MEETINGS
The Authority shall meet as needed to (1) review and adopt the Authority's
annual budget, (2) review and file the Authority's Comprehensive Annual Financial
Report, and (3) approve the purchase or issuance of bonds or other evidence of
indebtedness. The time of the meeting shall be that designated in the Rules of
Procedure for Council Meetings and Related Functions and Activities, as it
currently exists or as amended from time to time. All such meetings will be
noticed as special meetings under the Brown Act.
SECTION 6. POWERS.
The Authority shall be vested with all the rights, powers, duties, privileges, and
immunities established by Articles 1 and 2 of Chapter 5 of Division 7 of Title 1 of
the Government Code of the State of California ("Joint Exercise of Powers Act")
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Amended & Restated Bylaws & Rules of Procedure
Adopted: April 15, 2014
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and the Joint Exercise of Powers Agreement by and between the City of La
Quinta and the Successor Agency to the dissolved Redevelopment Agency
("Successor Agency"), and all amendments and extension thereto, which powers
shall be vested in the Authority Members thereof then in office, who reserve unto
themselves the right to delegate such powers as are appropriate and permissible
by law.
SECTION 7. AUTHORITY MEMBERS.
The members of the Authority shall be, at all times, members of the Successor
Agency. Each member's term of office as a member of the Authority shall
terminate when such member of the Authority shall cease to be a member of the
Successor Agency; and the successor to such member of the Successor Agency
shall become a member of the Authority.
SECTION 8. OFFICERS AND OFFICIALS
The officers of the Authority shall be a Chairperson and a Vice -Chairperson.
Other officials acting as its staff shall be an Executive Director, a Finance Officer,
a General Counsel, a Secretary, and such other officials as the Authority Members
may determine. Subject to the provisions of these Bylaws and Rules of
Procedure, the Authority Members shall set the selection, duties, and
compensation of such officials.
Whenever an officer of the City or the Successor Agency is designated an officer
of the Authority, the assistants and deputies of such officer from time to time
shall also be, ex officio, officers of the Authority; and whenever a power is
granted to, or a duty imposed upon, such officer, the power may be exercised, or
the duty performed, by such assistant or deputy.
SECTION 9. CHAIRPERSON
The Chairperson shall be the current Mayor of the City of La Quinta who shall
serve until a successor has been duly elected. The Chairperson shall preside at
all meetings of the Authority.
SECTION 10. VICE -CHAIRPERSON
The Vice -Chairperson shall be the Mayor Pro Tempore of the City of La Quinta
and shall serve until a successor has been duly appointed. The Vice -Chairperson
shall perform the duties of the Chairperson in the absence, incapacity, resignation,
or death of the Chairperson until such time as the Chairperson returns or a new
Chairperson takes office.
SECTION 11. ABSENCES
In the absence of the Chairperson and Vice -Chairperson, the Authority Members
shall elect a member present as temporary Chairperson for the purpose of
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conducting meetings and performing the duties of the Chairperson.
SECTION 12. EXECUTIVE DIRECTOR
The Executive Director shall be the person acting as the City Manager of the City
of La Quinta. The Executive Director shall have general supervision over
administration of the Authority business and its affairs, subject to the direction of
the board members.
SECTION 13. FINANCE OFFICER
The Finance Officer shall be the person acting as the Finance Director/ Treasurer
of the City of La Quinta. The Finance Officer shall have the care and custody of
all funds of the Authority and shall deposit the same in the name of the Authority
in such bank or banks as the Authority may select. The Finance Officer shall sign
all checks, drafts, or orders for the payment of money, notes, or other
indebtedness and shall pay out and disburse such monies under the direction of
the Authority. The Finance Officer shall keep regular books of account, showing
receipts and expenditures and shall render to the Authority at each meeting, or
more often when requested, an account of transactions and the financial
conditions of the Authority.
SECTION 14. GENERAL COUNSEL
The General Counsel shall be the person acting as the City Attorney of the City of
La Quinta. The General Counsel shall be the chief legal officer of the Authority
and shall be responsible for the preparation of all proposed resolutions, laws,
rules, contracts, bonds, and all other legal papers for the Authority. The General
Counsel shall give his/her advice or opinion in writing to the Chairperson or other
Authority officers and officials whenever required to do so. The General Counsel
shall attend to all suits and other matters to which the Authority is a party or in
which the Authority may be legally interested and do such other things pertaining
to the office as the Authority may require.
SECTION 15. SECRETARY.
The Secretary shall be the person acting as the City Clerk of the City of La
Quinta. The Secretary shall keep the records of the Authority, shall act as
secretary at meetings of the Authority, shall record all votes; keep a record of the
proceedings of the Authority in a journal of proceedings to be kept for such
purpose, and shall perform all duties incident to the office. The Secretary shall
maintain a record of all official proceedings of the Authority and its programs.
SECTION 16. ADDITIONAL DUTIES.
The officers and officials of the Authority shall perform such other duties and
functions as may from time to time be required by the Authority or by these
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Bylaws and Rules of Procedure.
SECTION 17. PERSONNEL
The ordinances, resolutions, rules, and regulations of the City governing its
personnel shall also govern the personnel of the Authority.
SECTION 18. VACANCIES.
Where an office of the Authority becomes vacant and these Bylaws and Rules of
Procedure specify that the person serving in that office is the person holding a
designated position with the City, the office shall remain vacant until a person is
appointed to the City position, unless the Authority Members make a temporary
appointment until such position is filled. In all other cases, when an office
becomes vacant, the Authority Members shall appoint a successor within a
reasonable period or by an affirmative vote of the majority, determine that such
position shall remain vacant for a definite or indefinite period. No Authority
Member shall be eligible for any office of the Authority other than Chairperson
and Vice- Chairperson.
SECTION 19. COMPENSATION
No Authority Member shall be employed by the Authority during his/her tenure of
office. Authority Members shall not receive any compensation for serving as
such, but shall be entitled to reimbursement for any expenses actually incurred in
connection with serving as a member of the Authority. The Authority shall
determine if such expenses shall be reimbursed and if there are unencumbered
funds available for such purpose.
SECTION 20. ADDITIONAL PERSONNEL, AGENTS, AND CONSULTANTS
The Authority may from time to time appoint or employ such personnel, agents,
and consultants, as it deems necessary to exercise its powers, duties, and
functions. The Authority may utilize the services of City and/or Successor
Agency employees as authorized by the City and/or Successor Agency. In
addition, the Authority may retain such agents and consultants, permanent and
temporary, as it may require. The selection, duties, and compensation of such
personnel, agents, and consultants shall be determined by the Authority subject
to the laws of the State of California.
SECTION 21. PAYMENT OF MONEY, NOTES, AND OTHER INDEBTEDNESS
All checks, drafts or other orders for the payment of money, notes, or other
evidence of indebtedness issued in the name of or payable to the Authority
require the signature of any two of the following persons: the Chairperson, Vice -
Chairperson, Authority Executive Director, and the Authority Finance Officer.
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SECTION 22. PURCHASING
Except as otherwise specified herein or as established by resolution of the
Authority Members, the Authority'shall comply with all ordinances, resolutions,
rules and regulations of the City in purchasing and contracting for supplies,
services, and equipment.
SECTION 23. RULES DIRECTORY
To the extent not required by State laws, these rules of procedure shall be
considered directory only; and compliance herewith shall not be considered
mandatory or jurisdictional.