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SA Resolution 2014-005RESOLUTION NO. SA 2014 - 005 A RESOLUTION OF THE SUCCESSOR AGENCY TO THE LA QUINTA REDEVELOPMENT AGENCY ADOPT RULES OF PROCEDURE FOR MEETINGS, RELATED FUNCTIONS, AND ACTIVITIES WHEREAS, by Resolution No. 2012-002 adopted January 2, 2012, the City Council of the City of La Quinta elected to serve as the Successor Agency to the La Quinta Redevelopment Agency pursuant to California Health & Safety Code Section 34173; and WHEREAS, the Agency desires to adopt rules of procedure for the general operation 'of the Agency and conduct of its meetings, which shall supersede" previous resolutions addressing these matters. NOW, THEREFORE, BE IT RESOLVED by the Successor Agency to the La Quinta Redevelopment Agency as follows: SECTION 1. The Rules of Procedure of the Successor Agency, a copy of which is attached hereto as Exhibit "A" and incorporated herein are hereby approved. SECTION 2. The Successor Agency 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 Rules of Procedure on behalf of the Successor Agency. SECTION 3. The Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED, and ADOPTED at a regular meeting of the Successor Agency to the La Quinta Redevelopment Agency held on this 15th day of April 2014, by the following vote: AYES: Agency Members Evans, Franklin, Henderson, Osborne, Chair Adolph NOES: None ABSENT: None ABSTAIN: None Resolution No. SA 2014-005 Rules of Procedure Adopted: April 15, 2014 Page 2 of 6 ATTEST: SUSAN MAYSELS, ecretary City of La Quinta Acting as Successor Ag®ncV'to the,,.a Quinta Redevelopment �A IENCY`SEALi, AVPROVED, fSTO F9RI7. DON ADO H, CtWperson City of La Quinta Acting as Successor Agency to the La Quinta Redevelopment Agency Agency ounsel City of La Quinta Acting as Successor Agency to the La Quinta Redevelopment Agency Resolution No. SA 2014-005 Rules of Procedure Adopted: April 15, 2014 Page 3 of 6 EXHIBIT A RULES OF PROCEDURE OF THE SUCCESSOR AGENCY TO THE LA QUINTA REDEVELOPMENT. AGENCY SECTION 1. CITY COUNCIL RULES OF PROCEDURE INCORPORATED Except as provided otherwise herein, all the provisions of the Rules of Procedure for Council Meetings and Related Functions and Activities shall apply to the Successor Agency to the La Quinta Redevelopment Agency and are hereby incorporated by reference as currently written and as amended from time to time. SECTION 2. NAME OF AGENCY The official name of the Agency shall be the "Successor Agency to the La Quinta Redevelopment Agency" (herein referred to as "Agency"). SECTION 3. SEAL OF AGENCY The seal of the Agency shall be in the form of a circle and shall bear the name of the City and the Agency and the date it was established - February 1, 2012. SECTION 4. OFFICE OF AGENCY AND PLACE OF MEETING. The office and regular place of meeting of the Agency shall be at the La Quinta City Hall, 78-495 Calle Tampico, La Quinta, California. The Agency may hold its meetings at such other locations as the Agency 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 Agency shall meet as needed to wind down the affairs of the former La Quinta Redevelopment Agency at the time 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. T e Agency shall be vested with all the rights, powers, duties, privileges, and mmunities established by California Health and Safety Code, Division 24, Part 1.85 entitled: Dissolution of Redevelopment Agencies and Designation of Successor Agencies ("Successor Agencies Law") which powers shall be vested in the Agency Members thereof then in office, who reserve unto themselves the Resolution No. SA 2014-005 Rules of Procedure Adopted: April 15, 2014 Page 4 of 6 right to delegate such powers as are appropriate and permissible by law. SECTION 7. AGENCY MEMBERS. The members of the Agency shall be the members of the La Quinta City Council. SECTION 8. OFFICERS AND OFFICIALS The officers of the Agency 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 Agency Members may determine. Subject to the provisions of these Bylaws and . Rules of Procedure, the Agency Members shall set the selection, duties, and compensation of such officials. Whenever an officer of the City is designated an officer of the Agency, the assistants and deputies of such officer from time to time shall also be, ex officio, officers of the Agency; 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 Agency. SECTION 10. VICE -CHAIRPERSON The Vice -Chairperson shall be the current Mayor Pro Tempore of the City of La Quinta and 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 Agency Members shall elect a member present as temporary Chairperson for the purpose of 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 Agency business and its affairs, subject to the direction of the Agency Members. Resolution No. SA 2014-005 Rules of Procedure Adopted: April 15, 2014 Page 5 of 6 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 Agency and shall deposit the same in the name of the Agency in such bank or banks as the Agency 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 Agency. The Finance Officer shall keep regular books of account, showing receipts and expenditures and shall render to the Agency 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 Agency and shall be responsible for the preparation of all proposed resolutions, laws, rules, contracts, bonds, and all other legal papers for the Agency. The General Counsel shall give his/her advice or opinion in writing to the Chairperson or other Agency officers and officials whenever required to do so. The General Counsel shall attend to all suits and other matters to which the Agency is a party or in which the Agency may be legally interested and do such other things pertaining to the office as the Agency 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 Agency, shall act as secretary at meetings of the Agency, shall record all votes, keep a record of the proceedings of the Agency 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 Agency and its programs. SECTION 16. ADDITIONAL DUTIES. The officers and officials of the Agency shall perform such other duties and functions as may from time to time be required by the Agency or by these 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 Agency. SECTION 18. VACANCIES. Where an office of the Agency becomes vacant and these Bylaws and Rules of Resolution No. SA 2014005 Rules of Procedure Adopted: April 15, 2014 Page 6 of 6 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 Agency Members make a temporary appointment until such position is filled. In all other cases, when an office becomes vacant, the Agency 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 Agency Member shall be eligible for any office of the Agency other than Chairperson and Vice- Chairperson. SECTION 19. COMPENSATION No Agency Member shall be employed by the Agency during his/her tenure of office. Agency 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 Agency. The Agency 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 Agency 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 Agency may utilize the services of City employees as authorized by the City. In addition, the Agency 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 Agency 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 Agency require the signature of any two of the following persons: the Chairperson, Vice - Chairperson, Agency Executive Director, and the Agency Finance Officer. SECTION 22. PURCHASING Except as otherwise specified herein or as established by resolution, the Agency 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.