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HomeMy WebLinkAboutRES HA-106RESOLUTION NO. HA-106 A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY AMENDING AND RESTATING THE BYLAWS OF THE HOUSING COMMISSION RECITALS A. The Palm Desert Housing Authority ("Authority") was estab lished under the Housing Authorities Law (the "Law"), being Chapter 1 of Part 2 of Division 24 of the California Health and Safety Code , to ensure safe , sanitary dwelling units available at rents which persons of low income can afford wh ile not being overcrowded . B. Section 34291 of the Law authorizes the City Council of the City of Palm Desert (the "City Council") to create a housing comm ission by ordinance . C. Section 34292 of the Law provides that the function of the Housing Comm ission is to review and make recommendations on all matters to come before the Authority prior to Authority action , except emergency matters and matters which the comm ission , by resolution , excludes from its review . D. On January 8, 1998, the City Council adopted Ordinance No. 861 thereby creating the Palm Desert Hous ing Commission (the "Commiss ion"). E . Section 9 of Ordinance No. 861 defines the duti es of the Commission to review and make recommendations on all matters to come before the Authority except emergency matters and matters wh ich the Commission , by resolution , excludes from the Commission's rev iew . F . On June 22 , 2000 , the Authority adopted its Resolution HA-13 to establish the Bylaws of the Commission . G . On June 27 , 2019 , the Authority adopted Resolut ion HA-93 (i) to approve Amended and Restated Bylaws of the Housing Commission , amending prov isions related to the dissolution of the Palm Desert Redevelopment Agency and the conduct of Commission meetings and (ii) to revise the duties of the Commission pursuant to Section 34292 of the Law and Section 9 of Ordinance No . 861 . H. The Authority now desires to approve Amended and Restated Bylaws of the Housing Commission , attached hereto as Exhibit A (the "Amended and Restated Bylaws") to amend provisions related to the regular scheduled meeting day of Commission meetings . NOW THEREFORE, THE PALM DESERT HOUSING AUTHORITY HEREBY FINDS, ORDERS, RESOLVES AND DECLARES AS FOLLOWS: Section 1. The Bylaws of the Commission are hereby amended to read as prov ided in the Amended and Restated Bylaws , attached hereto as Exhibit A. RESOLUTION NO. HA-106 PASSED , APPROVED AND ADOPTED by the Palm Desert Housing Authority , this 9th day of June 2022 by the following vote , to wit: AYES: JONATHAN, KELLY, NESTANDE, QUINTANILLA and HARNIK NOES: NONE ABSENT: NONE ABSTAIN: NONE ETARY RESOLUTION NO. HA-106 EXHIBIT A AMENDED AND RESTATED BYLAWS OF THE PALM DESERT HOUSING COMMISSION ARTICLE I -THE HOUSING COMMISSION Section 1. Name of Commission . The name of the Housing Comm ission shall be the "Palm Desert Housing Commission". Section 2 . Office of Commission . The office of the Housing Comm ission shall be at the offices of the City of Palm Desert . Section 3 . Governing Body. The members of the Housing Commission shall be appointed by the City Council of the City of Palm Desert and shall constitute the governing body of the Housing Commission , and each member shall be known as a Housing Commissioner. ARTICLE II -OFFICERS Section 1. Officers . The officers of the Housing Commission shall be a Chairman , a V ice -Chairman , a Secretary , and an Executive Director . Section 2 . Chairman . The Chairman shall be the member of the Housing Comm ission elected by vote of the Housing Comm ission to hold the office of Chairman . The Chairman shall preside at all meetings of the Hous ing Comm ission . Section 3. Vice-Chairman . The Vice-Cha irman shall be the member of the Housing Commiss ion elected by vote of the Housing Commissioners to hold the office of Vice-Chairman . The Vice-Chairman shall perform the duties of Chairman in the absence of the Chairman . Section 4 . Secretary . The Secretary shall be the City Clerk of the City of Palm Desert or the City Clerk's designee . The Secretary shall keep the records of the Housing Commission , shall act as Secretary of the meetings of the Housing Commiss ioners and record all votes , shall keep a record of the proceedings of the Housing Commission in the form of minutes to be kept for such purpose , and shall perform all duties incident to the office of Secretary . The Secretary may attest to signatures of other officers of the Housing Comm ission . Section 5 . Executive Director. The Executive Director shall be the then current Executive Director of the Palm Desert Hous ing Authority . The Executive Director shall conduct day-to-day administration of the business and affairs of the Housing Commission , subject to the direction of the Housing Commission . The Executive Director may appoint a deputy to perform such duties of the Executive Director as may be delegated to such deputy from time to time by the Executive Director . Notice of such appointment shall be given in writing to the Secretary and shall be effective as of the date of such notice. ARTICLE Ill -MEETINGS Section 1. Regular Meetings . Regular meetings shall be held on the second RESOLUTION NO. HA-106 Wednesday of each month at 3:30 p.m . at the offices of the City of Palm Desert . The Executive Director and the Chairman may determine that the Housing Commission does not have any business to conduct at a regular meeting and cancel such regular meeting . In no event shall the Chairman cancel more than two consecutive regular meetings without prio r approval of the Commission . Adjournment of a regular meeting for lack of a quorum shall not constitute a cancellation by the Chairman for the purposes of the previous sentence. Section 2 . Applicability of Ralph M. Brown Act. Meetings of the Housing Commissioners shall be held , notice given , and the business of the Housing Commission conducted , all as provided in the Ralph M. Brown Act , being California Government Code Section 54550 , et seq . Section 3. Quorum . Four members of the Housing Commission shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other purposes , but a smaller number may adjourn from time to time until a quorum is obtained. Action may be taken by the Housing Commission upon a vote of a majority of a quorum , unless a higher vote is required by these Bylaws , a resolution of the Housing Commissioners or applicable provisions of California law . Section 4. Manner of Voting. The manner of voting on reso lutions and on other matters shall be as prescribed by the Chairman. ARTICLE IV -AMENDMENTS Section 1. Amendments to Bylaws . The Bylaws of the Housing Commission may be amended by a resolution of the Housing Authority and by a resolution of the Housing Commission.