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HomeMy WebLinkAboutRES HA-126RESOLUTION NO. HA-126 A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING AND RESTATING THE BYLAWS OF THE PALM DESERT HOUSING COMMISSION WHEREAS, The Palm Desert Housing Authority ("Authority") was established 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 while not being overcrowded; and WHEREAS, Section 34291 of the Law authorizes the City Council of the City of Palm Desert (the "City Council") to create a housing commission by ordinance ; and WHEREAS, Section 34292 of the Law provides that the function of the Housing Commission 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 commission, by resolution, excludes from its review; and WHEREAS, on January 8, 1998, the City Council adopted Ordinance No. 861 thereby creating the Palm Desert Housing Commission (the "Commission"); and WHEREAS, Section 9 of Ordinance No. 861 defines the duties of the Commission to review and make recommendations on all matters to come before the Authority except emergency matters and matters which the Commission, by resolution, excludes from the Commission's review; and WHEREAS, on June 22, 2000, the Authority adopted its Resolution HA -13 to establish the Bylaws of the Commission. WHEREAS, on September 11, 2024, the Commission recommended that the Authority approve the Amended and Restated Bylaws of the Housing Commission, which replaces the title of “Chairman” with “Chairperson”, and “Vice Chairman” with “Vice Chairperson”; and WHEREAS, the Authority now desires to approve Amended and Restated Bylaws of the Housing Commission, attached hereto as Exhibit A (the "Amended and Restated Bylaws"). NOW, THEREFORE, BE IT RESOLVED by the Palm Desert Housing Authority of the City of Palm Desert, California, as follows: SECTION 1. The Amended and Restated Bylaws are hereby amended to read as provided in the Amended and Restated Bylaws of the Palm Desert Housing Commission, attached hereto as Exhibit A. Docusign Envelope ID: 29A9377D-2DA1-48AB-968F-A4CD1EC270DD Resolution No. HA-126 Page 2 ADOPTED ON SEPTEMBER 26, 2024. KARINA QUINTANILLA CHAIRPERSON ATTEST: ANTHONY J. MEJIA SECRETARY I, Anthony J. Mejia, Secretary of the Palm Desert Housing Authority, hereby certify that Resolution No. HA-126 is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on September 26, 2024, by the following vote: AYES: HARNIK, KELLY, NESTANDE, TRUBEE, AND QUINTANILLA NOES: NONE ABSENT: NONE ABSTAIN: NONE RECUSED: NONE IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ___________________. ANTHONY J. MEJIA SECRETARY Docusign Envelope ID: 29A9377D-2DA1-48AB-968F-A4CD1EC270DD 10/2/2024 Resolution No. HA-126 Page 3 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 Commission shall be the "Palm Desert Housing Commission". Section 2. Office of Commission. The office of the Housing Commission 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 Chairperson, a Vice Chairperson, a Secretary and an Executive Director. Section 2. Chairperson. The Chairperson shall be the member of the Housing Commission elected by vote of the Housing Commission to hold the office of Chairperson. The Chairperson shall preside at all meetings of the Housing Commission. Section 3. Vice Chairperson. The Vice Chairperson shall be the member of the Housing Commission elected by vote of the Housing Commissioners to hold the office of Vice Chairperson. The Vice Chairperson shall perform the duties of Chairperson in the absence of the Chairperson. 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 Commissioners 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 Commission. Section 5. Executive Director. The Executive Director shall be the then current Executive Director of the Palm Desert Housing 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 Docusign Envelope ID: 29A9377D-2DA1-48AB-968F-A4CD1EC270DD Resolution No. HA-126 Page 4 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 III - MEETINGS Section 1. Regular Meetings. Regular meetings shall be held on the first Wednesday of each month at 3:30 p.m. at the offices of the City of Palm Desert. The Executive Director and the Chairperson, 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 Chairperson cancel more than two consecutive regular meetings without prior approval of the Commission. Adjournment of a regular meeting for lack of a quorum shall not constitute a cancellation by the Chairperson 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 resolutions and on other matters shall be as prescribed by the Chairperson. 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. Docusign Envelope ID: 29A9377D-2DA1-48AB-968F-A4CD1EC270DD