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HomeMy WebLinkAboutRes HA-46 - Amnd - Restate Bylaws - PDHAPALM DESERT HOUSING AUTHORITY STAFF REPORT REQUEST: ADOPT RESOLUTION NO. HA-46 AMENDING AND RESTATING THE BYLAWS FOR THE PALM DESERT HOUSING AUTHORITY SUBMITTED BY: Janet M. Moore, Director of Housing DATE: September 13, 2012 CONTENTS: Resolution HA- 46 (Amended and Restated Bylaws) HA-1 (Original Bylaws of the Housing Authority) Recommendation That the Authority Board, waive further reading and adopt Resolution No. HA- 46 amending and restating the Bylaws for the Palm Desert Housing Authority ("Bylaws") which were originally adopted by Resolution HA-1 on January 22, 1998. Executive Summary When adopted, the Bylaws for the Authority referenced staff of the Palm Desert Redevelopment Agency ("Agency") as the staff of the Authority. 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 certain language relative to the term "Authority Commission". Discussion On January 22, 1998, the Housing Authority adopted the Bylaws of the Palm Desert Housing Authority by Resolution No. HA-1. The Bylaws specified positions and duties within the Agency to act as Officers as well as defined the duties of such 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. In response to the elimination of the Agency, the City Council adopted its Resolution No. 2012- 63 on September 13, 2012, to appoint the City Manager as the Executive Director of the Palm Desert Housing Authority and to authorize the City Manager to Staff Report Resolution No. HA 46 September 13, 2012 Page 2 of 2 assign staff of the City to perform duties of the Authority as directed by the City Manager. The amended Bylaws clarify these changes. In addition, when the Housing Authority was established under the California Health and Safety Code Section 34200 et. seq. (the "Law") the City Council of the City of Palm Desert were declared to be the 'Commissioners' as is required by the Law. The Housing Authority (the "Authority Commission") then created an advisory body known as the 'Palm Desert Housing Commission' to advise the Housing Authority on matters it acts on. The members of the Housing Commission are appointed by the City Council and are called `commissioners'. The terminology can be confusing when describing recommendations and actions by either or both bodies. Staff recommends clarifying the term "Authority Commission" in the Bylaws to be hereinafter known also as the "Palm Desert Housing Authority Board". The Board being the City Council of the City of Palm Desert pursuant to Resolution 97-104 Section 5 and the Housing Commission being seven members appointed by the City Council to advise the Board on certain actions. Fiscal Impact There is no fiscal impact with this request. Submitted by: M. Moore, Director of Housing ul S. Gibson, Director of Finance APPROVAL: iffl, J n M. ohl uth, Executive Director 6? BY HOUSG AUTH '7 -0(fiA 7 oN 09- /3 - 000- VERIFIED BY: ,ROk- Origin€l on file with City Clerk's Office G \RDA\HOUSING\PATTY LEONUMM\STAFF REPORT\SR- CITY - AMENDING RESOL HA -I STAFF 091312.DOC RESOLUTION NO. HA-46 A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY A MENDING AND RESTATING THE BYLAWS OF THE PALM DESERT HOUSING AUTHORITY AS ESTABLISHED BY RESOLUTION NO. HA-1 RECITALS: A. By its Resolution No. HA-1, adopted January 22, 1998, the Palm Desert Housing Authority Board approved the Bylaws of the Palm Desert Housing Authority. B. The Bylaws, as established by Resolution No. HA-1, designated the Executive Director of the Authority as the then current Executive Director of the Palm Desert Redevelopment Agency and the Governing Body to be known as the "Authority Commission". C. AB X1 26 was signed by the Governor of California on June 29, 2011, making certain changes to the Community Redevelopment Law (Part 1 commencing with Section 33000 of Division 24 of the California Health and Safety Code including adding Part 1.8 and Part 1.85 which effectively eliminates redevelopment agencies. D. The California Redevelopment Association and the League of California Cities filed a lawsuit in the Supreme Court of California (California Redevelopment Association, et al. v. Matosantos, et al. Case No. S194861) challenging the constitutionality of AB X1 26. On December 29, 2011 the Supreme Court issued its opinion in the Matosantos case largely upholding AB X1 26 and delayed the effective dates in Part 1.85 for the elimination of redevelopment agencies to February 1, 2012. E. In response to the elimination of the Palm Desert Redevelopment Agency, the City Council adopted its Resolution No. 2012- on September 13, 2012, to appoint the City Manager as the Executive Director of the Housing Authority and to authorize the City Manager to assign staff of the City to perform duties of the Authority as directed by the City Manager. F. The Authority wishes to adopt this resolution amending and restating the Bylaws adopted by Resolution No. HA-1, as such Bylaws relate to the Palm Desert Redevelopment Agency, the Executive Director and the clarifying terminology of the Authority Commission. RESOLUTION NO. THE PALM DESERT HOUSING AUTHORITY HEREBY FINDS, ORDERS, DECLARES AND RESOLVES AS FOLLOWS: Section 1. The Bylaws of the Palm Desert Housing Authority, attached hereto as Exhibit A, are hereby amended, restated and approved as the Amended and Restated Bylaws of the Palm Desert Housing Authority. PASSED, APPROVED AND ADOPTED this 13th day of September, 2012. AYES: NOES: ABSENT: ABSTAIN: Robert A. Spiegel, Chairman ATTEST: Rachelle Klassen, Secretary G:\rda\HOUSING\Patty Leon\JMM\staff report\RESOLUTIONS\Reso PDHA bylaws amendment.doc RESOLUTION NO. HA- 46 EXHIBIT A AMENDED AND RESTATED BYLAWS OF THE PALM DESERT HOUSING AUTHORITY ARTICLE I - THE AUTHORITY Section 1. Name of Authority. The name of the Authority shall be the 'Palm Desert Housing Authority." Section 2. Seal of Authority. The Authority may have a seal. The seal of the Authority shall be in the form of a circle and shall bear the name of the Authority and the year of its organization. Section 3. Office of Authority. The office of the Authority shall be at the offices of the City of Palm Desert. Section 4. Governina Bodv. The members of the City Council of the City of Palm Desert shall constitute the governing body of the Authority, which governing body shall be known as the Authority Commission and/or Authority Board. ARTICLE II — OFFICERS Section 1. Officers. The officers of the Authority shall be a Chairman, a Vice -Chairman, a Secretary, a Treasurer and an Executive Director. Subject to other direction of the Authority Board by resolution or minute order, an officer shall sign all contracts, deeds and other instruments made by the Authority. Section 2. Chairman. The Chairman shall be the member of the City Council who is the then current Mayor of the City of Palm Desert. The Chairman shall preside at all meetings of the Authority. Section 3. Vice -Chairman. The Vice -Chairman shall be the member of the City Council who is the then current Mayor Pro Tempore or Vice Mayor of the City of Palm Desert. The Vice-chairman shall perform the duties of the Chairman in the absence or incapacity of the Chairman. Section 4. Secretary. The Secretary shall be the then current City Clerk of the City of Palm Desert. The Secretary shall keep the records of the Authority, shall act as Secretary of the meetings of the Authority Board and record all votes, and shall keep a record of the proceedings of the Authority in the form of minutes to be kept for such purpose, and shall perform all duties incident to the office of Secretary. The Secretary shall keep in safe custody the seal of the Authority and shall have power to affix such seal as required to all contracts and instruments authorized to be executed by the Authority Board. The Secretary may attest to signatures of other officers of the Authority. Section 5. Treasurer. The Treasurer shall be the then current Treasurer of the City of Palm Desert. The Treasurer shall keep regular books of accounts showing receipts and expenditures and shall render to the Authority Board, as requested, an account of the G:\rda\HOUSING\Patty Leon\JMM\staff report\RESOLUTIONS \Reso PDHA bylaws amendment.doc RESOLUTION NO. HA- 46 transactions of the Authority and shall perform any other duties that are designated from time to time by the Authority. The Treasurer, or in the absence of the Treasurer, a person appointed by the Treasurer or the Authority Board, shall have the care and custody of all funds of the Authority. The Treasurer may enter into agreements on behalf of the Authority with any financial institution authorized to accept deposits of public funds, providing for the transfer of funds between accounts maintained therein by the Authority upon request by telephone. Such agreements may also provide for the investment upon request by telephone of funds maintained in such accounts, in property or securities in which public agencies may legally invest money subject to their control. Such agreements shall designate the accounts maintained by the Authority which are subject thereto, and the persons who may, from time to time, make such transfers and direct such investments by telephone request. Section 6. Executive Director. As provided by City Council Resolution No. 2012- , on September 13, 2012, the City Manager was appointed as the Executive Director of the Housing Authority. The Executive Director shall conduct day-to-day administration of the Authority's business and affairs, subject to the direction of the Authority Board. Notwithstanding the provisions of Section 8 hereof, 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. Section 7. Additional Duties. The officers of the Authority shall perform such other duties and functions as may from time to time be required by the Authority or these Bylaws or by resolution or minute order of the Authority Board. Any officer of the Authority may sign, with the countersignature of one other officer, deputy officer or member of the Authority, all orders and checks for the payment of money under the direction of the Authority. Section 8. Additional Personnel. The Authority Board may from time to time appoint deputy officers to perform the duties of officers and employ such other personnel as it deems necessary to exercise its powers, duties and functions. The selection and compensation of such officers and other personnel shall be determined by the Authority Board. ARTICLE III — MEETINGS Section 1. Regular Meetinas. Regular meetings shall be held on the day or days and at the time and place of regular meetings of the City Council of the City of Palm Desert provided there is business to conduct. Section 2. Applicability of Ralph M. Brown Act. Meetings of the Authority shall be held, notice given and the business of the Authority conducted, all as provided in the Ralph M. Brown Act, being California Government Code Section 54950, et seq. Section 3. Quorum. Three members of the Authority Board 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 Authority Board upon a vote of a majority of a quorum, unless a higher vote is required by these Bylaws, a resolution of the Authority Board 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. G:\rda\HOUSING\Patty Leon\JMM\staff report\RESOLUTIONS\Reso PDHA bylaws amendment.doc RESOLUTION NO. HA-46 Section 5. Payment of Money. All orders for the payment of money require the votes of at least three members of the Authority Board. ARTICLE IV — AMENDMENTS Section 1. Amendments to Bylaws. The Bylaws of the Authority may be amended by resolution of the Authority. G:\rda\HOUSING\Patty Leon\JMM\staff report\RESOLUTIONS\Reso PDHA bylaws amendment.doc RESOLUTION NO. HA-1 A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY COMMISSION APPROVING BYLAWS OF THE AUTHORITY A. By prior resolution, the City Council of the City of Palm Desert determined and declared that there is a need for a housing authority to function in the City and established the Palm Desert Housing Authority (the "Authority"). B. The Authority desires to adopt Bylaws. NOW THEREFORE, THE PALM DESERT HOUSING AUTHORITY COMMISSION HEREBY FINDS, ORDERS, RESOLVES AND DECLARES AS FOLLOWS: Section 1. The Bylaws of the Palm Desert Housing Authority, attached hereto as Exhibit A, are hereby approved and adopted as the official Bylaws of the Authority. PASSED, APPROVED AND ADOPTED this 22nd day of January, 1998. AYES: CRITES, FERGUSON, SPIEGEL, BENSON — NOES: NONE ABSENT: KELLY ABSTAIN: NONE ATTEST: • .v; Sheila R. Gilligan, Secre' Jean M. Benson, Chairperson RES. NO. HA-1 BYLAWS OF THE PALM DESERT HOUSING AUTHORITY ARTICLE I - THE AUTHORITY Section 1. Name of Authority. The name of the Authority shall be the "Palm Desert Housing Authority." Section 2. Seal of Authority. The Authority may have a seal. The seal of the Authority shall be in the form of a circle and shall bear the name of the Authority and the year of its organization. Section 3. Office of Authority. The office of the Authority shall be at the offices of the City of Palm Desert. Section 4. Governina Body. The members of the City Council of the City of Palm Desert shall constitute the governing body of the Authority, which governing body shall be known as the Authority Commission. ARTICLE IT - OFFICERS Section 1. Officers. The officers of the Authority shall be a Chairman, a Vice -Chairman, a Secretary, a Treasurer and an Executive Director. Subject to other direction of the Authority Commission by resolution or minute order, an officer shall sign all contracts, deeds and other instruments made by the Authority. Section 2. Chairman. The Chairman shall be the member of the City Council who is the then current Mayor of the City of Palm Desert. The Chairman shall preside at all meetings of the Authority. Section 3. Vice -Chairman. The Vice -Chairman shall be the member of the City Council who is the then current Mayor Pro Tempore or Vice Mayor of the City of Palm Desert. The Vice -Chairman shall perform the duties of the Chairman in the absence or incapacity of the Chairman. Section 4. ,secretary. The Secretary shall be the then current City Clerk of the City of Palm Desert. The Secretary shall keep the records of the Authority, shall act as Secretary of the meetings of the Authority Commission and record all votes, and shall keep a record of the proceedings of the Authority in the form of minutes to be kept for such purpose, and shall perform all duties incident to the office of Secretary. The Secretary shall keep in safe custody the seal of the Authority and shall have power to affix such seal as required to all contracts and instruments authorized to be executed by the 980105 P6402-00001 tar 16731331 RES. NO. NA-1 Authority Commission. The Secretary may attest to signatures of other officers of the Authority. Section 5. Treasurer. The Treasurer shall be the then current Treasurer of the City of Palm Desert. The Treasurer shall keep regular books of accounts showing receipts and expenditures and shall render to the Authority Commission, as requested, an account of the transactions of the Authority and shall perform any other duties that are designated from time to time by the Authority. The Treasurer, or in the absence of the Treasurer, a person appointed by the Treasurer or the Authority Commission, shall have the care and custody of all funds of the Authority. The Treasurer may enter into agreements on behalf of the Authority with any financial institution authorized to accept deposits of public funds, providing for the transfer of funds between accounts maintained therein by the Authority upon request by telephone. Such agreements may also provide for the investment upon request by telephone of funds maintained in such accounts, in property or securities in which public agencies may legally invest money subject to their control. Such agreements shall designate the accounts maintained by the Authority which are subject thereto, and the persons who may, from time to time, make such transfers and direct such investments by telephone request. Section 6. ,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 Authority's business and affairs, subject to the direction of the Authority Commission. Notwithstanding the provisions of Section 8 hereof, 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. Section 7. Additional Duties. The officers of the Authority shall perform such other duties and functions as may from time to time be required by the Authority or these Bylaws or by resolution or minute order of the Authority Commission. Any officer of the Authority may sign, with the countersignature of one other officer, deputy officer or member of the Authority, all orders and checks for the payment of money under the direction of the Authority. Section 8. Additional Personnel. The Authority Commission may from time to time appoint deputy officers to perform the duties of officers and employ such other personnel as it deems necessary to exercise its powers, duties and functions. The selection and compensation of such officers and other per- sonnel shall be determined by the Authority Commission. 980105 P6402.00001 rl 16731331 - 2 - RES. NO. HA-1 ARTICLE III - MEETINGS Section 1. Regular Meetings. Regular meetings shall be held on the day or days and at the time and place of regular meetings of the City Council of the City of Palm Desert. Section 2. Applicability of Ralph M. Brown Act. Meetings of the Authority shall be held, notice given and the business of the Authority conducted, all as provided in the Ralph M. Brown Act, being California Government Code Section 54950, gt sec. Section 3. Quorum. Three members of the Authority 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 Authority Commission upon a vote of a majority of a quorum, unless a higher vote is required by these Bylaws, a resolution of the Authority Commission or applicable provisions of California law. Section 4. Manner of Votina. The manner of voting on resolutions and on other matters shall be as prescribed by the Chairman. Section 5. ayvment of Money. A11 orders for the payment of money require the votes of at least three members of the Authority Commission. ARTICLE IV - AMENDMENTS Section 1. Amendments to Bylaws. The Bylaws of the Authority may be amended by resolution of the Authority. 960105 P6402.00001 rib 1673133 1