HomeMy WebLinkAboutRES HA-48RESOLUTION NO. HA-48
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 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.
B. 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.
C. 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.
D. On January 8, 1998, the City Council adopted Ordinance No. 861 thereby
creating the Palm Desert Housing Commission (the "Commission").
E. 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.
F. On June 22, 2000, the Authority adopted its Resolution HA-13 to establish
the Bylaws of the Commission.
G. The Authority now desires (i) 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 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.
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
tort.• provided in the Amended and Restated Bylaws, attached hereto as Exhibit A.
RESOLUTION NO. HA- 48
Section 2. Pursuant to Section 34292 of the Law and Section 9 of Ordinance
No. 861, the duties of the Commission are hereby defined to provide that the
Commission shall have the power and shall be required to review and make
recommendations on all matters to come before the Authority prior to Authority action,
excepting therefrom: (i) emergency matters, (ii) immediate health and safety matters,
(iii) matters related to the management and operation of the Authority, including but not
limited to employment or labor relation matters, (iv) matters to be considered by the
Authority at a closed session pursuant to the Ralph M. Brown Act, being Chapter 9 of
Part 1 of Division 2 of Title 5 of the California Government Code, commencing with
Section 54950, and (v) matters or duties designated by the City Council or the Authority
to be the responsibility of another committee or commission or the responsibility of an
officer of the Authority.
PASSED, APPROVED AND ADOPTED this 15TH day of NOVEMBER, 2012.
AYES: BENSON, FINERTY, HARNIK, KROONEN, and SPIEGEL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ROBERT A. SPIEGr L, CHIP AN
ATTEST:
.,/e,4 RA ELLE D. KLASSEN, CRETARY
PALM DESERT HOUSING AUTHORITY
980105 P'6402-00001 rdh 1673133 1
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RESOLUTION NO. HA- 4R
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
Chairman, a Vice -Chairman, a Secretary and an Executive Director.
Section 2. Chairman. The Chairman shall be the member of the
Housing Commission elected by vote of the Housing Commission to hold the office of
Chairman. The Chairman shall preside at all meetings of the Housing Commission.
Section 3. Vice -Chairman. The Vice -Chairman shall be the member of
the Housing Commission 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
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
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RESOLUTION NO. HA- 48
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 III - MEETINGS
Section 1. Regular Meetings. Regular meetings shall be held on the
second Wednesday of each month at 3:30 p.m. at the offices of the City of Palm Desert.
The Chairman, in the Chairman's sole discretion, 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 prior 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 Califomia law.
Section 4. Manner of Voting. The manner of voting on resolutions 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.
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