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2012 03 06 SACITY AS SUCCESSOR ACIENCY TO THE LAQUINTA REDEVELOPMENT ACENCY Agendas and staff reports are available on the City's web page: www.la-quinta.org AGENDA CITY COUNCIL CHAMBER 78-495 Calle Tampico, La Quinta, California Regular Meeting TUESDAY. MARCH 6. 2012 AT 4:00 P.M. Beginning Resolution No. SA 2012-001 CALL TO ORDER ROLL CALL Successor Agency Members: Evans, Franklin, Henderson, Osborne and Chairperson Adolph CLOSED SESSION - NONE PUBLIC COMMENT At this time members of the public may address the City Council acting as the legislative body for the City as Successor Agency to the La Quinta 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 FEBRUARY 21, 2012 CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion 1 APPROVAL OF DEMAND REGISTER DATED MARCH 6, 2012 CITY AS SUCCESSOR AGENCY TO RDA 1 MARCH 6, 2012 Too 11.w BUSINESS SESSION 1 CONSIDERATION OF ADOPTION OF RECOGNIZED OBLIGATION PAYMENT QUINTA REDEVELOPMENT AGENCY THROUGH DECEMBER 2012 STUDY SESSION — NONE ADJOURNMENT A RESOLUTION APPROVING THE SCHEDULE OF THE FORMER LA FOR THE PERIOD OF JULY 2012 The next regular meeting of the City as Successor Agency to the La Quinta Redevelopment Agency will be held on March 20, 2012 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 1, Susan Maysels, Interim City Clerk of the City as Successor Agency of the La Quinta Redevelopment Agency, do hereby declare that the foregoing agenda 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 March 2, 2012. DATED: March 2, 2012 SUSAN MAYSELS, Interim City Clerk City of La Quinta, California Public Notices 0 The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7103, twenty- four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the Successor Agency, arrangement should be made in advance by contacting the City Clerk's Office at 777-7103. A one (1) week notice is required. 0 Any writings or documents provided to a majority of Successor Agency Members 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. ...411 .1� 002 CITY AS SUCCESSOR AGENCY TO RDA 2 MARCH 6, 2012 T"af 4 4 a" COUNCHRMEETING DATE: March 6, 2012 ITEM TITLE: Approval of Demand Register Dated March 6, 2012 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: It is recommended the Successor Agency of the La Quinta Redevelopment Agency: Receive and File the Demand Register Dated March 6, 2012 of which $32,231.60 Represents Successor Agency Expenditures as detailed below: Vendor: Account #: Amount: Purpose: Rosenow Spevacek Group Inc 245-9001-703.32-07 $12,647.67 Low&Mod Hsng#1 Rosenow Spevacek Group Inc 246-9002-703.32-07 $12,647.67 Low&Mod Hsng#2 Rosenow Spevacek Group Inc 405-9001-702.32-07 $3,930.63 Capital Project #1 Rosenow Spevacek Group Inc 406-9002-702.32-07 $3,005.63 Capital Project #2 By adoption of Resolution No. 2012-002, the City of La Quinta has affirmatively elected to be the Successor Agency of the La Quinta Redevelopment Agency. Pursuant to Health and Safety Code Section 34177(a), the Successor Agency of the La Quinta Redevelopment Agency shall continue to make payments required pursuant to an adopted enforceable obligations payment schedule. The payments above are required pursuant to the enforceable obligations payments schedule adopted by the La Quinta Redevelopment Agency on January 17, 2012. Pursuant to Health and Safety Code Seciton 34173(e), the liability of the Successor Agency of the La Quinta Redevelopment Agency, when acting pursuant to the powers granted under ABX1 26, are limited to the extent of the total sum of property tax revenues it receives pursuant to part 1.85 of ABX1 26 (e.g., Health and Safety Code Sections 34170 — ...a 003 374190) and the value of assets transferred to it as Successor Agency for the dissolved La Quinta Redevelopment Agency. Respectfully submitted, M. Falconer, Finance Director Approved for submission by: Ma'rk Weiss, Interim Executive Director 004 Tw�t 4 tP 091arcu AGENDA CATEGORY: COUNCI SA MEETING DATE, February 21, 2012 BUSINESS SESSION: 163 ITEM TITLE: Consideration of Adoption of a Resolution CONSENT CALENDAR: Approving the Recognized Obligation Payment STUDY SESSION: Schedule of the Former La Quinta Redevelopment Agency for the Period of July 2012 through December PUBLIC HEARING: 2012 RECOMMENDATION: Adopt a Resolution approving the Recognized Obligation Payment Schedule of the former La Quinta Redevelopment Agency for the period of July 2012 through December 2012 ("Schedule"). FISCAL IMPLICATIONS: None for this action. The Recognized Obligation Payment Schedule will be provided to the Oversight Board for review and approval. BACKGROUND AND OVERVIEW: On February 21, 2012, the Successor Agency approved the draft Recognized Obligation Payment Schedule for the period of January 2012 through June 2012. AB 26 requires the Successor Agency to approve another Schedule covering the period of July 2012 through December 2012. This Schedule must be submitted to the County Auditor -Controller for budgeting purposes by March 15, 2012, and will also be submitted to the Oversight Board, Department of Finance, and State Controller's Office. This will become an ongoing process — an updated Schedule will be prepared every six months for Successor Agency and Oversight Board consideration and approval. 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. 005 (D) The amount of payments obligated to be made, by month. (E) The funding source for the obligation. The ROPS attached to this resolution is in draft form. Staff is refining the ROPS and will hand out an updated ROPS at the Successor Agency meeting. FINDINGS AND ALTERNATIVES: The alternatives available to the Successor Agency include: 1 Adopt a Resolution approving the Recognized Obligation Payment Schedule of the Former La Quinta Redevelopment Agency for the period of July 2012 through December 2012; or 2. Do not adopt a Resolution approving the Recognized Obligation Payment Schedule of the Former La Quinta Redevelopment Agency; or 3. Provide staff with alternative direction. Respectfully submitted, A-e-� Debbie Powell, Economic Development/Housing Manager Approved for submission by: Mark Weiss, Interim Executive Director of the City as Successor Agency to La Quinta Redevelopment Agency RESOLUTION NO. SA 2012 - A RESOLUTION OF THE CITY OF LA QUINTA ACTING AS THE SUCCESSOR AGENGY TO LA QUINTA REDEVELOPMENT AGENCY ADOPTING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD OF JULY 2012 THROUGH DECEMBER 2012 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 1.6, 2004, by Ordinance No. 403, and on March 16, 2004, by Ordinance No. 404; and WHEREAS, the La Quinta Redevelopment Agency ("Agency") was 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 bill ABxl 26 requiring that each redevelopment agency be dissolved; and WHEREAS, an action challenging the constitutionality of ABx1 26 and ABx1 27 was filed in the California Supreme Court by the California Redevelopment Association, the League of California Cities, and two individual cities; and WHEREAS, on December 29, 2011, the Court upheld ABxl 26; and WHEREAS, Health and Safety Code Section 34169 requires successor agencies to prepare and adopt a "Recognized Obligation Payment Schedule" that lists all obligations of the former redevelopment agency that are enforceable within the meaning of subdivision (d) of Section 34167 for the period of July 2012 through December 2012; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. 007 Resolution No. SA 2012- Adoption of Recognized Obligation Payment Schedule Adopted: March 6, 2012 Page 2 NOW THEREFORE, BE IT RESOLVED, by the City of La Quinta Acting as the Successor Agency to the La Quinta Redevelopment Agency, as follows: Section 1. Recitals. The Recitals set forth above are true and correct and incorporated herein by reference. Section 2. Adoption of a Recounized Obligation Payment Schedule. In order �o enable the City of La Quinta as Successor Agency to strictly comply with ABxl 26, and based on the Recitals set forth above, the Successor Agency hereby adopts the Schedule attached hereto as Exhibit A as the Recognized Obligation Payment Schedule for the period of July 2012 through December 2012. Pursuant to Health & Safety Section 341 73(e), the Successor Agency's liability, including, but not limited to, its liability for the obligations on the attached schedule is limited to the total sum of property tax revenues it receives pursuant to Part 1.85 of AB x1 26. Section 3. Implementation. The Successor Agency hereby authorizes and directs the Interim Executive Director to take any action and execute any documents necessary to implement this Resolution, and further authorizes the Interim Executive Director to forward the Recognized Obligation Payment Schedule to the Oversight Board. Section 4. 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 Successor Agency hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof. PASSED, APPROVED, AND ADOPTED at the meeting of the City of La Quinta Acting as the Successor Agency to the La Quinta Redevelopment Agency held this 6th of March, 2012, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: -.1a 008 Resolution No. SA 2012- Adoption of Recognized Obligation Payment Schedule Adopted: March 6, 2012 Page 3 Don Adolph, Mayor City of La Quinta Agency to the La Agency ATTEST: SUSAN MAYSELS, Interim Secretary City of La Quinta Acting as Successor Agency To the La Quinta Redevelopment Agency (AGENCY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, Successor Agency Counsel City of La Quinta Acting as Successor Agency To the La Quinta Redevelopment Agency Acting as Successor Quinta Redevelopment 009 U) 0 Ix ca LU LU z 0 ui Z 0 co 0 LU N z 0 L -0 MM z CL cmi C:� w 0 E cli cn al 'w co cn 0 0 IL > 0 > (L 0 0- > 0 �o 0 of _0 CK Mo Mn cl! 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