Loading...
HomeMy WebLinkAboutRes HA-48 - Amend and Restate the Bylaws of the Housing CmsnREQUEST: SUBMITTED BY: DATE: CONTENTS: Recommendation PALM DESERT HOUSING AUTHORITY STAFF REPORT ADOPT RESOLUTION NO. HA- 48 AMENDING AND RESTATING THE BYLAWS FOR THE PALM DESERT HOUSING COMMISSION Janet M. Moore, Director of Housing November 15, 2012 Resolution HA- 48 Exhibit A - Amended and Restated Bylaws for the Palm Desert Housing Commission HA-13 Original Bylaws ("Bylaws") of the Palm Desert Housing Commission That the Authority Board, waive further reading and adopt Resolution No. HA- 4R amending and restating the Bylaws for the Palm Desert Housing Commission ("Bylaws") which were originally adopted by Resolution HA-13 on June 22, 2000. Executive Summary When adopted, the Bylaws for the Palm Desert Housing Commission referenced Palm Desert Redevelopment Agency ("Agency") staff positions as officers. With the elimination of the Agency, staff recommends amending and restating the Bylaws to remove references to the Agency, identify personnel assigned to certain Officer positions, as well as clarify the procedures for regular meetings. Background On June 22, 2000, the Palm Desert Housing Authority ("Authority") adopted the Bylaws of the Palm Desert Housing Commission ("Commission") by Resolution No. HA-13. The Bylaws referenced Agency staff members as Officers. With the elimination of redevelopment, there are no longer any staff members assigned to the Agency and the references to the specified positions need to be amended. On September 13, 2012, the Authority adopted Resolution No. HA-46 amending the Authority's Bylaws to remove references to the Agency and on the same date by Resolution No. 2012-63 the City Council appointed the City Manager as the Executive Director of the Authority. Included in these actions were clarifications related to the membership and duties of the "Authority Commission", the City Council members, the Authority's officers and the "Palm Desert Housing Commission", an advisory commission created by the Authority. Staff Report Approval of Amended Bylaws for Housing Commission November 15, 2012 Page 2 of 2 The Commission's Bylaws also need to be amended to remove the references to the Agency. In order to accomplish this, the Authority and the Commission will have to adopt resolutions amending and restating the Bylaws. In addition, the Commission recently requested that staff look at the Commission's role as it relates to the elimination of the Agency and whether any changes in their role would affect their regular meeting schedule. Staff believes that the Commission's activities will be increased during the transition of housing functions from the former Agency to the Authority. As such staff is recommending that the Regular Meetings section of the Bylaws simply be clarified to allow for cancellation of regular meetings by the Chair when there is no business to conduct in accordance with the Brown Act. In reviewing the role of the Commission it is clear that the Commission is tasked with reviewing and making recommendations on all matters that come before the Authority with some exceptions. For clarification, we briefly summarized these types of exceptions in Section 2 of the resolution. For example, the Audit, Investment and Finance Committee has been directed by the City Council to review and make recommendations on all matters related to audits, banking, investments, and financial policies related thereto, therefore this would not be subject to the Commission's review even though it would appear on an Authority agenda. That said, the Authority could at any time request review by the Commission of any noted exceptions. There are also matters that remain the responsibility of a governing agency, the Authority or its officers. Examples include such matters as the adoption of the City's/Authority's Conflict of Interest Codes, potential or actual litigation matters, property negotiations, or items that are subject to a closed session under the Brown Act. Staff recommends the Authority adopt the attached resolution, amending and restating the Palm Desert Housing Commission Bylaws, removing the references to the Agency and clarifying the meeting schedule. The Housing Commission has received a copy of the proposed amendments to the bylaws and after the Authority approval will be asked to consider them for approval in December. Fiscal Impact There is no fiscal impact with this request. itted by: t M. Moore, Director of Housing Approval: Wohlmuth, Executive Director Patti/S. Gibson, Director of Finance '!,I1 BY HOUSG AUTH ON ( 190/A VEr.RFIED BY: Original on f0t3: with C G:\HOUSING\PATTY LEON\ NN\STAFF REPORT\SR- HA - AMENDING RESOL HA-13 HC BYLAWS.DOC RESOLUTION 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 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: NOES: ABSENT: ABSTAIN: ROBERT A. SPIEGEL, CHAIRMAN ATTEST: RACHELLE D. KLASSEN, SECRETARY 980105 P'6402-00001 rdh 1673133 1 G:\HOUSINGU'atty LeonUMM\staff report\RESOLUTIONS\HA Reso to Amend Duties and Bylaws 11-15-12 doc Page 2 of 2 RESOLUTION NO. HA- 48 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 G:\HOUSING\Patty LeonUMM\staff report\HOUSING AUTHORITY\Housing Commission Amended Bylaws attached to resos.doc 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 California 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. G:\HOUSING\Patty LeonUMM\staff report\HOUSING AUTHORITY\Housing Commission Amended Bylaws attached to resos.doc RESOLUTION NO. HA-13 A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY APPROVING BYLAWS OF THE HOUSING COMMISSION A. By prior Ordinance No. 861, the City Council of the City of Palm Desert determined and declared that there is a need for a housing commission to function in the City and established the Palm Desert Housing Commission (the "Commission"). B. The Housing Commission desire to adopt Bylaws, and the Housing Authority supports this action. NOW THEREFORE, THE PALM DESERT HOUSING AUTHORITY HEREBY FINDS, ORDERS, RESOLVES AND DECLARES AS FOLLOWS; Section 1. The Bylaws of the Palm Desert Housing Commission, attached hereto as Exhibit A, are hereby approved and adopted as the official Bylaws of the Commission. PASSED, APPROVED AND ADOPTED This 22" d day of June, 2000. AYES: BENSON, KELLY, SPIEGEL, FERGUSON NOES: NONE ABSENT: CRITES ABSTAIN: NONE ATTEST: %ter;= RACHELLE D. KLASSEN, ACTING SECRETARY Exhibit A BYLAWS OF THE PALM DESERT HOUSING COMMISSION ARTICLE I - THE HOUSING COMMISSION Resolution No. HA-13 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 Conunission appointed by the City Council of the City of Palm Desert shall constitute the goveming 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. Subject to other direction of the Housing Commissioners by resolution or minute order, the Executive Director or his/her designee shall sign all contracts, deeds and other instruments made by the Housing Commission. 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 Executive Director or his 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, and shall ke-zp a recar€? 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 Redevelopment Agency. 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. G \RDA•Diana LeaI'WPDOCS•TL•Ifousmg com;hcbylaws apd ARTICLE III - MEETINGS 4-1's Resolution No. HA-13 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. 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, It sue. Section 3. Ouorum. 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 Chairman. ARTICLE IV - AMENDMENTS Section 1. Amendments to Bylaws. The Bylaws of the Housing Commission may be amended by resolution of the Housing Commissioners. G .DA'Diana 1ea11WPDOCS'Il'JIOUSING COM•hcbylaws wpd