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HomeMy WebLinkAboutRes HA-93 - Amend Restate Bylaws for the Housing CommissionSTAFF REPORT PALM DESERT HOUSING AUTHORITY HOUSING DEPARTMENT MEETING DATE: June 27, 2019 PREPARED BY: Jessica Gonzales, Senior Management Anal REQUEST: Adopt Resolution No. HA- 93 amending and restating the Bylaws for the Palm Desert Housing Commission Recommendation By Minute Motion, that the Authority Board: 1) Waive further reading and adopt Resolution No. HA-93 , amending and restating the Bylaws for the Palm Desert Housing Commission ("Bylaws") which adopts the first Wednesday of the month as a regular meeting date that is mutually acceptable to the Housing Commission. Housing Commission Recommendation The Housing Commission will review this recommendation at its regular meeting of June 12, 2019. Upon request, a verbal report will be provided at the Authority's regular meeting of June 27, 2019. Strategic Plan This request does not apply directly to a specific strategic plan goal. Background Analysis On November 15, 2012, the Board of the Palm Desert Housing Authority (the "Authority") considered and adopted the Resolution No. HA-48 amending and restating the Bylaws of the Palm Desert Housing Commission ("Commission"). The Commission's Bylaws identifies the regular meetings shall be held on the second Wednesday of each month. There have been several times where members of the Commission and community have expressed that the regularly scheduled meeting of the Commission conflicts with other City of Palm Desert ("City") committees and commissions meetings that are held at the same time. This prohibits routine attendance at both meetings. Staff is recommending that the Regular Meetings section of the Bylaws be clarified to allow the regular meeting date be the first Wednesday of the month that is mutually acceptable to the Housing Commission. This will enable the Commission to take action upon a vote of a majority of a quorum, to conduct regular meetings on a Wednesday that best serves the Commission and the public. Resolution No. HA 93 June 27, 2019 — STAFF REPORT Housing Authority — Bylaws of the Palm Desert Housing Commission Page 2 of 2 Staff recommends the Authority adopt the attached resolution, amending and restating the Commission Bylaws. Fiscal Analysis There is no direct fiscal impact with this request. LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW Hargreaves City Attorney CITY MANAGER et Moore fan Moore ' ' Lauri Aylaian Director of Finance Director of Finance City Manager ATTACHMENTS: Resolution No. HA- 93 Exhibit A, Amended and Restated Bylaws for the Palm Desert Housing Commission (s � v , BY HOUSG ALIT ON, No 1.. VERIFIED BY: 2D rn M Original on the with City Clerk's Offlo py ES' .14-e.toiIL(JotJA t-w3, V-E-LL4 NESTANsDEI WL 1a. G:\HOUSING\Jessica Gonzales\STAFF REPORTS \2019\PDHA— Staff Report - Resolution HA_ Amending Admin Plan 1-24-19.doc RESOLUTION NO. HA- 93 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 - 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 27TH day of JUNE, 2019. AYES: NOES: ABSENT: ABSTAIN: SUSAN MARIE WEBER, CHAIRMAN ATTEST: RACHELLE D. KLASSEN, SECRETARY 980105 136402-00001 rdh 1673133 1 6 \HOUSING\Iewra Conta,e\\HOUS,NG AUTHOR,T9NADMIN,STRAT,VI COI,CI(S\MOUSING AUTHORITY BOARD COMMISSION B,IAWS\Reso to Amend Dut•es And BT0aw16 17 19 do[ Page 2 of 2 RESOLUTION NO. HA- 93 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 V,OUS.NGUrll,c. Go.t.!rl\..OUS!NG 6url,011.,\ADM.NISTRAhIyt POLK.l S\..OuS.NG AuT,,ORiry 5OARU COMMISSION SVUWS\,tA New to Anr .d Dul•n .n0 Rr(.-. l.N•0.1 A 6 27 17 0ol RESOLUTION NO. HA - 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 first 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 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 V.OUS!NG\Jess•/. GO6I.ItS1..0115!MG Au I.?O.in\ADM.6.C1.91 rv1 POL!CI(S\HOUS!MG AU,S011.It BOARO COMM!SS!OM BYUWSV.A ..,o to Antnd D„u.S .nd Br'.-% 1.6.04 A 6) t 19 do[