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2009 10 06 HA� T U S OFT4h�w HOUSING AUTHORITY AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting TUESDAY, OCTOBER 6, 2009 — 4:00 P.M. Beginning Resolution No. HA 2009-001 CALL TO ORDER Roll Call: Board Members: Adolph, Evans, Franklin, Henderson, Sniff PUBLIC COMMENT At this time members of the public may address the Housing Authority on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CONFIRMATION OF AGENDA APPROVAL OF MINUTES - NONE CONSENT CALENDAR — NONE 001 Housing Authority Agenda 1 October 6, 2009 BUSINESS SESSION CONSIDERATION OF LA QUINTA HOUSING AUTHORITY CHAIRPERSON AND VICE CHAIRPERSON. A. MINUTE ORDER ACTION 2. CONSIDERATION OF A RESOLUTION APPROVING A FINANCING AGREEMENT AMONG THE CITY OF LA QUINTA, LA QUINTA REDEVELOPMENT AGENCY, AND THE LA QUINTA HOUSING AUTHORITY AND AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE THE SAME, A RESOLUTION ADOPTING BYLAWS, AND APPROVING AN APPROPRIATION OF FUNDS. A. RESOLUTION(S) ACTION B. MINUTE ORDER ACTION CHAIR AND BOARD MEMBERS' ITEMS - NONE PUBLIC HEARINGS - NONE ADJOURNMENT The next regular meeting of the Housing Authority will be held on November 3, 2009, at 4:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. Housing Authority Agenda 2 October 6, 2009 00'P DECLARATION OF POSTING I, Veronica Montecino, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta Housing Authority meeting of October 6, 2009, was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 111, on October 2, 2009. DATED October 2, c VERONICA J City of La Qt Public Notice QTECINO, City Clerk California Any writings or documents provided to a majority of the Housing Authority regarding any item on this agenda will be made available for public inspection at the City Clerk counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours. °a Housing Authority Agenda 3 October 6, 2009 00 Tdf^F4awurw AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: October 6, 2009 / BUSINESS SESSION: _ ITEM TITLE: Consideration of La Quinta Housing Authority Chairperson and Vice Chairperson CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: a) Mayor to Select a Chairperson for the La Quinta Housing Authority. b) City Council to select a Vice -Chairperson for the La Quinta Housing Authority. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On September 15, 2009, the City Council adopted Resolution No. 2009-075 (Attachment 1), which established a Housing Authority (Authority) in accordance with the California Housing Authorities Law (the "HA Law") Pursuant to Resolution No. 2009-075, and in accordance with the HA Law, the City Council declared that its members would serve as the governing board (the "Board") of the Authority. As required by the HA Law, Section 9 of Resolution No. 2009-075 states that the Mayor shall designate from among the Board, the first Chairperson. Pursuant to the 004 HA Law, the Mayor shall specifically be excluded from being eligible to serve as Chairperson of the Housing Authority. The Chairperson of the Authority shall preside at all meetings of the Authority. Pursuant to Section 9 of Resolution No. 2009-075, the Vice Chairperson shall be selected by the Board from among their members. The Vice Chairperson shall serve as the Chairperson in the absence or incapacity of the Chairperson. Pursuant to the bylaws, the Housing Authority shall annually, at its first meeting held after December 30`h or as soon thereafter as possible, vote to elect from its members a successor Chairperson and Vice -Chairperson. The initial Chairperson and Vice - Chairperson shall be appointed for a term of 14 months and expiring upon appointment of the successor Chairperson and Vice -Chairperson in January 2011. FINDINGS AND ALTERNATIVES: The alternatives available to the Authority include: 1. The Mayor to designate a Chairperson and the City Council select a Vice - Chairperson for the La Quinta Housing Authority; or 2. Provide staff with alternative direction. Respectfully submitted, Veronica J ontecino, CIVIC City Clerk Approved for submission by: �Yl° homas P. Genovese, Executive Director Attachment: 1. Resolution No. 2009-075 '%, . 005 ATTACHMENT 1 RESOLUTION NO. 2009 - 075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA ESTABLISHING A HOUSING AUTHORITY IN ACCORDANCE WITH THE CALIFORNIA HOUSING AUTHORITIES LAW WHEREAS, the California Housing Authorities Law (Health and Safety Code Sections 34200, et seq.) provides that there is a public body known as a housing authority in every city, but that the authority shall not transact any business or exercise its powers unless, by resolution, the governing body of the city declares there is a need for an authority to function in it; and WHEREAS, the governing body may adopt a resolution declaring there is a need for a housing authority if it finds either of the following: (a) that unsanitary and unsafe inhabited dwelling accommodations exist in the city, or (b) that there is a shortage of safe or sanitary dwelling accommodations in the city available to persons of low income at rentals they can afford, and WHEREAS, in determining whether dwelling accommodations are unsafe or unsanitary the governing body may take into consideration the following factors: (a) the degree of overcrowding, (b) the percentage of land coverage, (c) the light, air, space, and access available to the inhabitants of such dwelling accommodations, (d) the size and arrangement of the rooms, (e) the sanitary facilities, and (f) the extent to which conditions exist in such buildings which endanger life or property by fire or other causes; and WHEREAS, the most recent update of the Housing Element of the General Plan, a draft of which was submitted to the California Department of Housing and Community Development in August, 2009, the City Council of the City of La Quinta ("City Council" or "City," as applicable) provides as follows: (a) an estimated 2,203 of all the City's households were in the lower income category, and about 810 of the lower income households were renters; '«_. 006 Resolution No. 2009-075 Establish Housing Authority Adopted: September 15. 2009 Page 2 (b) an estimated 67.5% of low, 92.1 % of very low, and 79.7% of extremely low income renter households overpay for housing (e.g., housing costs exceed 30% of their income), with many of such households paying more than 50% of their income for housing; (c) an estimated 9.7% of all rental households in the City were overcrowded, with 3.2% of all such rental households experiencing severe overcrowding conditions; WHEREAS, a housing survey undertaken by the City in November, 2007, as part of the update to the housing element of the General Plan, indicated that approximately 1,470 housing units in the City (approximately 7% of the housing stock) is in need of maintenance or structural repair; and WHEREAS, these significant overpayment, overcrowding, and repair needs and conditions continue to exist in the City; and NOW, THEREFORE, the City Council of the City of La Quinta does hereby resolve as follows: SECTION 1. All of the above recitals are true and correct and are incorporated herein by reference. SECTION 2. That unsanitary and/or unsafe inhabited dwelling accommodations exist in the City of La Quinta. SECTION 3. That there is a shortage of safe or sanitary dwelling accommodations in the City of La Quinta available to persons of low income at rentals they can afford. SECTION 4. That there is a need for a housing authority to function in the City of La Quinta to provide safe and sanitary housing opportunities for La Quinta residents. The housing authority established by this Resolution shall be known as the "La Quinta Housing Authority." SECTION 5. That the La Quinta Housing Authority shall be vested with all the rights, powers, duties, privileges and immunities established by the Housing Authorities Law, SECTION 6. Pursuant to California Health and Safety Code Section 34290, the City Council does hereby declare that its members shall serve as the commissioners of the La Quinta Housing Authority and shall have all the rights, powers, duties, privileges and immunities vested by the California Housing Authorities Law. •a.. 007 Resolution No. 2009-075 Establish Housing Authority Adopted: September 15, 2009 Page 3 SECTION 7. That the terms of office and succession of La Quinta Housing Authority commissioners shall be concurrent with and identical to the terms of each City Council member's seat. SECTION 8. Pursuant to Health & Safety Code Section 34274, each Commissioner shall be entitled to a per diem payment for attendance at not more than four (4) Housing Authority meetings per month at a rate of $50.00 per meeting. Additionally, Commissioners shall receive necessary traveling and subsistence expenses which may be incurred in the discharge of the duties of a Housing Authority Commissioner. SECTION 9. The Mayor of the City shall designate, from among the Commissioners, the first Chairperson. Successor Chairpersons, as well as a Vice Chairperson, shall be selected by the Commissioners, from among their members. The Vice Chairperson shall serve as the Chairperson in the absence or incapacity of the Chairperson. Additionally, the Housing Authority shall employ a Secretary, who shall serve as the Executive Director to the Commission and shall have power to sign for the Commission on items which have been approved at a Commission meeting. SECTION 10. The City Clerk shall certify the adoption of this Resolution PASSED, APPROVED and ADOPTED at a regular meeting of the City Council of the City of La Quinta held this 15th day of September 2009. AYES: Council Member Evans, Franklin, Henderson, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None "—.— DON ADOL H, May r City of La Quinta, California -` 008 Resolution No. 200"75 Establish Housing Authority Adopted; September 15, 2009 Page 4 ATTEST: VERONICA MONTECINO, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: s NY 16ATHERNE JENS City Attorney City of La Quinta, California ~�•: 009 �FM OF its COUNCIL/RDA MEETING DATE: October 6, 2009 AGENDA CATEGORY: ITEM TITLE: Consideration of a Resolution Approving a BUSINESS SESSION: Financing Agreement Among the City of La Quinta, the La CONSENT CALENDAR: Quinta Redevelopment Agency and the La Quinta Housing STUDY SESSION: Authority and Authorizing the Executive Director to Execute the Same, a Resolution Adopting Bylaws, and Appropriation PUBLIC HEARING: _ of Funds RECOMMENDATION: Adopt a Resolution of the Housing Authority approving a Financing Agreement among the City of La Quinta, La Quinta Redevelopment Agency and the La Quinta Housing Authority, and authorizing the Executive Director to execute the same. Adopt a Resolution of the Housing Authority adopting Bylaws of the La Quinta Housing Authority. Approve an appropriation for the Housing Authority Board and Housing Commission members in the amount of $5,500. FISCAL IMPLICATIONS: The Housing Authority will own affordable housing developments that are awaiting final disposition to private or non-profit owners/operators. Staff and management costs associated with these dwellings will be funded from unit rental income; property acquisition and rehabilitation costs will be funded by the La Quinta Redevelopment Agency as part of its requirement to increase and improve housing affordable to very low, low- and moderate -income households. The Financing Agreement provides that the City or Agency may advance funds to the Housing Authority for operations and projects until such time the Housing Authority is generating enough revenue to repay the City and/or Agency. Interest shall accrue on the outstanding principal advanced at the earning rate of the City's Investment Pool Funds, and shall be adjusted quarterly. *#% , 010 The activities of the Washington Street Apartments, the La Quinta Housing Program and the foreclosed home program will be transferred from the Redevelopment Agency Low- and Moderate -Income Funds 245 and 246 to the newly -established Housing Authority Funds 241 and 242. The Fiscal Year 2009-10 Low and Moderate Housing Tax Increment Fund budgets include revenues for the La Quinta Housing Program in Project Area No. 1 of $225,000 in rental income plus $68,700 in interest income, and $275,000 in expenditures (Account 245-9001-703.51-40); for the Washington Street Apartments in Project Area No. 2, budgeted revenues are $163,300 for rental income plus $502,400 in interest income, and $429,300 in expenditures (Account 246-9002- 703.51-30). In addition, staff is requesting an appropriation for the Housing Authority Board and Housing Commission members in the amount of $5,500 for the remainder of Fiscal Year 2009-2010. This amount was calculated based upon the need for fifteen Meetings for the five Board Members and seven (7) for the five (5) Commission Members between October 2009 and June 2010. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On September 15, 2009, the City Council adopted Resolution No. 2009-075 establishing the La Quinta Housing Authority and appointing the City Council to act as the Housing Authority's governing body pursuant to the Housing Authorities Law (California Health and Safety Code Section 34200 et seq.). The next steps for the Housing Authority are to approve the Financing Agreement (Attachment 1) and the Bylaws of the Housing Authority. FINDINGS AND ALTERNA The alternatives available to the Housing Authority include: 1. Adopt a Resolution of the Housing Authority approving a Financing Agreement among the City of La Quinta, La Quinta Redevelopment Agency and the La Quinta Housing Authority and authorizing the Executive Director to execute the same; Adopt a Resolution of the Housing Authority adopting Bylaws of the La Quinta Housing Authority; and Approve an appropriation for the Housing Authority Board and Housing Commission members in the amount of $5,500; or ."_0 O i l 2. Do not adopt a Resolution of the Housing Authority approving a Financing Agreement among the City of La Quinta, La Quinta Redevelopment Agency and the La Quinta Housing Authority; and do not approve a Resolution of the Housing Authority adopting Bylaws of the La Quinta Housing Authority and appropriation of funds; or 3. Provide staff with alternative direction. Respectfully submitted, ADouglasEvans Assistant City Manager — Development Services Approved for submission by: Thomas P. Genovese, Executive Director Attachment : 1. Financing Agreement 104.0 , 012 RESOLUTION NO. A RESOLUTION OF THE LA QUINTA HOUSING AUTHORITY APPROVING A FINANCING AGREEMENT AMONG THE HOUSING AUTHORITY, THE CITY OF LA QUINTA, AND THE LA QUINTA REDEVELOPMENT AGENCY FOR THE PROVISION OF FINANCIAL ASSISTANCE TO THE HOUSING AUTHORITY WHEREAS, the City Council of the City of La Quinta ("City" or "City Council," as applicable) has established the La Quinta Housing Authority (the "Housing Authority") to function in the City of La Quinta in accordance with the California Housing Authorities Law (Health and Safety Code Section 34200 et seq.); and WHEREAS, the Housing Authority presently has no funds with which to carry out its purposes; and WHEREAS, the Housing Authority desires to obtain financial assistance from the City and the La Quinta Redevelopment Agency ("Agency") in order to finance the operations of the Housing Authority; and WHEREAS, City, Agency, and Housing Authority staff have prepared a financing agreement pursuant to which the City and Agency could make such periodic advances of funds (the "Financing Agreement"). NOW, THEREFORE, the Governing Board of the La Quinta Housing Authority does hereby resolve as follows: SECTION 1. The Financing Agreement, a copy of which is on file with the City Clerk, is hereby approved. SECTION 2. The Executive Director is authorized and directed to execute the Financing Agreement and to take such other actions and execute such other documents as may be necessary to implement and affect this Resolution and the Financing Agreement on behalf of the Housing Authority. SECTION 3. The Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the Governing Board of the La Quinta Housing Authority held this 6" day of October, 2009. 013 Resolution No. Financing Agreement Adopted: October 6, 2009 Page 2 AYES: NOES: ABSENT: ABSTAIN: Chairperson La Quinta Housing Authority ATTEST: VERONICA J. MONTECINO, Secretary La Quinta Housing Authority APPROVED AS TO FORM: M. KATHERINE JENSON, General Counsel La Quinta Housing Authority -W .0 014 RESOLUTION NO. A RESOLUTION OF THE LA QUINTA HOUSING AUTHORITY ADOPTING BYLAWS AND RULES OF PROCEDURE WHEREAS, the City Council of the City of La Quinta ("City" or "City Council," as applicable) has established the La Quinta Housing Authority (the "Housing Authority") to function in the City of La Quinta in accordance with the California Housing Authorities Law (Health and Safety Code Section 34200 et seq.); and WHEREAS, pursuant to Section 3431 1(e) of the California Health and Safety Code, the Housing Authority may adopt bylaws and regulations to carry into effect the powers and purposes of the Housing Authority; and WHEREAS, the Housing Authority desires to adopt bylaws and regulations for the general operation of the Housing Authority, including but not limited to the designation of officers, conduct of meetings, and approval of contracts. NOW, THEREFORE, the Governing Board of the La Quinta Housing Authority does hereby resolve as follows: SECTION 1. The Bylaws and Rules of Procedure of the La Quinta Housing Authority, a copy of which is attached hereto and incorporated herein as Exhibit "A", are hereby approved. SECTION 2. The Housing Authority Chair and Executive Director are authorized and directed to take such actions and execute such documents as may be necessary to implement and affect this Resolution and the Bylaws on behalf of the Housing Authority. SECTION 3. The Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the Governing Board of the La Quinta Housing Authority held this 6Lh day of October, 2009. AYES: NOES: •1',.1 015 Resolution No. Adoption of Bylaws Adopted: October 6, 2009 Page 2 ABSENT: ABSTAIN: Chairperson La Quinta Housing Authority ATTEST: VERONICA J. MONTECINO, Secretary La Quinta Housing Authority APPROVED AS TO FORM: M. KATHERINE JENSON, General Counsel La Quinta Housing Authority CNN 0,16 EXHIBIT "A" BYLAWS AND RULES OF PROCEDURE OF THE LA QUINTA HOUSING AUTHORITY ARTICLE I - THE AUTHORITY Section 1. Name of Authority. The official name of the City of La Quinta Housing Authority shall be the "La Quinta Housing Authority" (herein referred to as "Authority"). Section 2. Seal of Authority. 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 and Place of Meeting. The office and regular place of meeting of the Authority shall be at the La Quinta City Hall, 78-495 Calle Tampico, La Quinta, California. The Authority may hold its meetings at such other locations as the Authority may from time to time designate by resolution, in the order of adjournment, or notice of call of any special meeting. Section 4. Powers. The Authority shall be vested with all the rights, powers, duties, privileges, and immunities established by the California Housing Authorities Law (Health and Safety Code Sections 34200, at seq.) (the "Housing Authorities Law") which powers shall be vested in the board members thereof then in office, who reserve unto themselves the right to delegate such powers as are appropriate and permissible by law. Section 5. Board Members. Notwithstanding that the Housing Authorities Law describes the members of the Authority as "commissioners," to avoid confusing the members of the Authority with the members of the La Quinta Housing Commission, the members of the Authority shall be referred to as "board members." Nothing in these Bylaws and Rules of Procedure or in any other document of the Housing Authority shall be intended to bestow greater authority on the members of the Authority than is otherwise permitted or required by the Housing Authorities Law. The board members of the Authority shall be the members of the La Quinta City Council. »�•� . 017 ARTICLE II - OFFICERS Section 1. Officers and Officials. The officers of the Authority shall be a Chairperson and a Vice -Chairperson. Other officials acting as its staff shall be an Executive Director, a Finance Officer, a General Counsel, a Secretary, an Assistant Executive Director, and such other officials as the board members of the Authority may determine. Subject to the provisions of these Bylaws and Rules of Procedure, the selection, duties, and compensation of such officials shall be set by the board members. Section 2. Chairperson. The Mayor of the City of La Quinta shall select the first Chairperson from the board members. Successive Chairpersons and the Vice -Chairperson shall be selected by the board members from among the board members at the first meeting held after December 30, or as soon thereafter as possible. The Mayor may not be selected as the Chairperson. The Chairperson of the Authority shall preside at all meetings of the Authority. At each meeting, the Chairperson shall submit such recommendations and information as he or she may consider proper concerning the business, affairs, and policies of the Authority. Section 3. Vice -Chairperson. The Vice -Chairperson shall perform the duties of the Chairperson in the absence or incapacity of the Chairperson. In case of the resignation or death of the Chairperson, the Vice -Chairperson shall perform such duties as are imposed on the Chairperson until such time as a new Chairperson takes office. In the absence of the Chairperson and Vice -Chairperson, the board members shall elect a board member present as temporary Chairperson for the purpose of conducting meetings and performing the duties of the Chairperson. Section 4. Executive Director. The Executive Director shall be the person acting as the City Manager of the City of La Quinta. The Executive Director shall have general supervision over administration of the Authority business and its affairs, subject to the direction of the board members. Section 5. Finance Officer. The Finance Officer shall be the person acting as the Finance Director/Treasurer of the City of La Quinta. The Finance Officer shall have the care and custody of all funds of the Authority and shall deposit the same in the name of the Authority in such bank or banks as the Authority may select. The Finance Officer shall sign all checks, drafts, or orders for the payment of money, notes, or other indebtedness and shall pay out and disburse such monies under the direction of the Authority. The Finance Officer shall keep regular books of account, showing receipts and expenditures and shall render to the Authority at each regular meeting, or more often when requested, an account of transactions and also the financial conditions of the Authority. Section 6. General Counsel. The General Counsel shall be the person acting as the City Attorney of the City of La Quinta. The General Counsel shall be the chief legal officer of the Authority and shall be responsible for the preparation of all proposed resolutions, laws, rules, contracts, bonds, and all other legal papers for the Authority. The General Counsel shall give his or her advice or opinion in writing to the Chairperson or other Authority officers and officials whenever required to do so. The General Counsel shall attend to all suits and other matters to which the Authority is a party or in which the Authority may be legally interested and do such other things pertaining to the office as the Authority may require. Section 7. Secretary. The Secretary shall be the Executive Director who may delegate any or all of such duties to the person acting as the City Clerk of the City of La Quinta. The Secretary shall keep the records of the Authority, shall act as secretary at meetings of the Authority, shall record all votes, keep a record of the proceedings of the Authority in a journal of proceedings to be kept for such purpose and shall perform all duties incident to the office. The Secretary shall maintain a record of all official proceedings of the Authority and its programs. In the absence of the Secretary, the Executive Director shall appoint a member of the staff to act as Secretary. Section 8. Assistant Executive Director. The Assistant Executive Director shall be the person acting as the Assistant City Manager — Development Services of the City of La Quinta. The Assistant Executive Director shall act on behalf of the Executive Director, in the Executive Director's absence, and shall perform all other duties directed by the Executive Director. Section 9. Additional Duties. The officers and officials of the Authority shall perform such other duties and functions as may from time to time be required by the Authority or by these Bylaws and Rules of Procedure. •n..J 019 Section 10. Vacancies. Where an office of the Authority becomes vacant and these Bylaws and Rules of Procedure specify that the person serving in that office is the person holding a designated position with the City, the office shall remain vacant until a person is appointed to the City position, unless the board members make a temporary appointment until such position is filled. In all other cases, when an office becomes vacant, the board members shall appoint a successor within a reasonable period of time or by resolution determine that such position shall remain vacant for a definite or indefinite period of time. No board member of the Authority shall be eligible for any office of the Authority other than Chairman and Vice - Chairman. Section 11. Compensation. No board member of the Authority shall be regularly employed by the Authority during his tenure of office. The board members shall receive such per diem compensation as the Authority shall determine, but said compensation shall not exceed $50.00 per board member for each meeting of the Authority attended by the board member. No board member shall receive compensation for attending more than four meetings of the Authority during any calendar month. In addition, board members shall receive their actual and necessary expenses, including traveling expenses incurred in the discharge of their duties. Section 12. Additional Personnel, Agents and Consultants. The Authority may from time to time appoint or employ such personnel, agents and consultants as it deems necessary to exercise its powers, duties, and functions as prescribed by the California Housing Authorities Law, as amended, and all other laws of the State of California applicable, thereto. The Authority may utilize the services of City and/or Redevelopment Agency employees as authorized by the City and/or Redevelopment Agency. In addition, the Authority may retain such agents and consultants, permanent and temporary, as it may require. The selection, duties, and compensation of such personnel, agents, and consultants shall be determined by the Authority subject to the laws of the State of California. Section 13. Political Activities (A) Board members shall not use, or attempt to use, their position, office or authority to influence, aid or obstruct any Authority employee from securing any position, nomination, confirmation or promotion, or change in compensation or position in the Authority upon consideration or condition that the vote or political influence or action of such person or another shall be given or used in behalf of, or withheld from, any candidate, officer, or party, or upon any other corrupt condition to, 020 or consideration. This prohibition shall apply to urging or discouraging the individual employee's action. (B) A board member or candidate shall not, directly or indirectly, solicit political funds or contributions, knowingly, from other officers or employees of the Authority with the knowledge that the person from whom the contribution is solicited is an officer or employee of the Authority. This section shall not prohibit the board member from requesting political contributions from officers or employees of the Authority if the solicitation is part of a solicitation made to a significant segment of the public which may include officers of employees of the Authority. (C) No board member or candidate shall engage in political activity during working hours in City offices or work areas where such activity would disrupt the workplace. For purposes of this section, City offices or work areas includes the areas behind the public counters, but excludes the Council Chambers and board member offices. ARTICLE III - MEETINGS Section 1. Regular Meetings. Regular meetings of the Authority shall be held on the third Tuesday of each month at the time designated in La Quinta City Council Resolution No. 2006-102, as it currently exists or as it is amended in the future, in the Council Chambers at City Hall, La Quinta, California, or at such other locations as the Authority may from time to time designate by resolution, in the order of adjournment, or in the notice of call of any special meeting. In the event a day of meeting shall be a legal holiday, said meeting shall be held on the next business day. Section 2. Special Meetings. The Chairman of the Authority may, when he or she deems it expedient, and shall, upon the written request of two board members of the Authority, call a special meeting of the Authority for the purpose of transacting the business designated in the call. The means and method for calling such special meeting shall be as set forth in the Ralph M. Brown Act, California Government Code Section 54950 at seq., as it now exists or may hereafter be amended (the "Brown Act"). At such special meeting, no business shall be considered other than as designated in the call. Section 3. Adjourned Meetings. The board members may adjourn any meeting to a time and place specified in the order of adjournment. When an order of adjournment of any meeting fails to ��►: 021 state an hour at which the adjourned meeting is to be held, it shall be held at the hour specified for regular meetings. In adjourning any meeting, there shall be compliance with all procedures of the Brown Act. Section 4. Quorum. Three board members of the Authority 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. Every official act of the Authority shall be adopted by a majority vote. A "majority vote" shall mean a majority of all board members present when a quorum is present. Section 5. Order of Business. (a) Agenda. The order of business of each meeting shall be as contained in the Agenda prepared by the Authority Secretary. The Agenda shall be a listing by topic of the subjects which shall be taken up for consideration in the following order: (i) Call to Order (ii) Pledge of Allegiance; Roll Call (iii) Public Comment (iv) Closed Session (v) Public Comment (vi) Confirmation of Agenda (vii) Approval of Minutes (viii) Presentations (ix) Written Communications; Consent Calendar (x) Business Session (xi) Study Session (xii) Reports and Informational Items (xiii) Chairperson and board members' items (xiv) Public Comment on.. 622 (xv) Adjournment Except with the majority consent of the Authority, items may not be taken out of order. All resolutions shall be in writing and designated by number, reference to which shall be inscribed in the minutes and an approved copy of each resolution filed in the official book of resolutions of the Authority. (b) Delivery of Agenda: Barring insurmountable difficulties, the Agenda shall ordinarily be delivered to the board members each Friday preceding the Tuesday meeting to which it pertains. The Agenda shall also be available to the general public at the time it is delivered to the board members. (c) Roll Call: Before proceeding with the business of the Authority, the Authority Secretary shall call the roll of the board members and the names of those present shall be entered in the minutes. The order of roll call shall be alphabetical with the Chairperson called last. (d) Approval of Minutes: Unless requested by a majority of the Authority, minutes of the previous meeting may be approved without public reading if the Secretary has previously furnished each board member with a copy thereof. (e) Public Comment: Pursuant to Government Code 54954.3, each agenda for a regular meeting shall provide an item entitled "Public Comment." The purpose of such item shall be to provide an opportunity for members of the public to directly address the Authority on items of interest to the public that are within the subject matter jurisdiction of the Authority. In order to assure that the intent of Government Code 54954.3 is carried out, three (3) minutes is the amount of time allocated for each individual speaker. Government Code 54954.2 provides that no action shall be taken on any item not appearing on the agenda unless the action is authorized by Government Code 54954.2 (b). On items of public comment or discussion, any matter raised by the public which does not specifically appear on the agenda shall, upon direction of any board member, be automatically referred to the staff or placed on the next meeting's agenda. It is hereby determined that such requests or direction by a board member shall not be considered action taken by the Authority on said item raised by the public. Further, Authority discussion of the matter shall not be considered action taken. "A.", 023 (f) Consent Agenda: Items of routine nature, and non- controversial, shall be placed on the consent agenda. All items may be approved by one blanket motion upon unanimous consent. Prior to, or following review of the consent agenda by the Executive Director, any board member may request that any item be withdrawn from the consent agenda for separate consideration. However, any board member may abstain from voting on any consent agenda, and the Secretary shall be instructed to record such abstentions in the minutes. (g) Call to Order: The meeting of the Authority shall be called to order by the Chairperson, or in his/her absence, by the Vice Chairperson. In the absence of both the Chairperson and the Vice Chairperson, the meeting shall be called to order by the board member elected as Temporary Chairperson pursuant to Section 3 of Article II of these Bylaws and Rules of Procedure. The person calling meetings to order shall be referred to as the "Presiding Officer." (h) Participation of Presiding Officer: The Presiding Officer may move, second, and debate, subject only to such limitations of debate as are imposed on all board members, and he or she shall not be deprived of any of the rights and privileges of a board member by reason of his or her acting as Presiding Officer. However, the Presiding Officer is primarily responsible for the conduct of the meeting. If he or she desires to personally engage in extended debate on questions before the Authority, he or she should consider temporarily turning his or her role as Presiding Officer over to another board member. (i) Question to be Stated: The Presiding Officer shall verbally restate each question immediately prior to calling for the vote. Following the vote the Presiding Officer shall verbally announce whether the question carried or was defeated. The Presiding Officer may also publicly state the effect of the vote for the benefit of the audience before proceeding to the next item of business. (j) Maintenance of Order: The Presiding Officer is responsible for the maintenance of order and decorum at all times. No person is allowed to speak who has not first been recognized by the Presiding Officer. All questions and remarks shall be addressed to the Presiding Officer. Section 6. Rules, Decorum and Order (a) Points of Order: The Presiding Officer shall determine all Points of Order subject to the right of any member to appeal to the Authority. If any appeal is taken, the question shall be, "Shall the decision of the Presiding Officer be sustained?" in which event a majority vote shall govern and conclusively determine such question of order. Aff.r 024 (b) Decorum and Order - Board members: (i) Any board member desiring to speak shall address the Presiding Officer and, upon recognition by the Presiding Officer, shall confine himself or herself to the question under debate. (ii) A board member, once recognized, shall not be interrupted while speaking unless called to order by the Presiding Officer; unless a Point of Order is raised by another board member; or unless the speaker chooses to yield to questions from another board member. (iii) Any board member called to order while he or she is speaking shall cease speaking immediately until the question of order is determined. If ruled to be in order, he or she shall be permitted to proceed. If ruled to be not in order, he or she shall remain silent or shall alter his or her remarks so as to comply with rules of the Authority. (iv) Board members shall accord the utmost courtesy to each other, to city or Authority employees, and to the public appearing before the Authority and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments and statements as to motives and personalities. (v) Any board member may move to require the Presiding Officer to enforce the rules and the affirmative vote of a majority of the Authority shall require him or her to so act. (vi) Except where specifically authorized by Authority action or for purely ceremonial purposes, no board member attending a City or Authority commission or committee meeting shall make any statement or give the appearance or indicate in any way that he or she is representing the Authority. When making a comment at such a meeting, the board member should make it clear that he or she is speaking solely as an individual. Unless officially appointed to participate on a committee, board members should make an effort not to insert themselves into or take positions on matters which will be decided upon by the Authority after considering the entire issue. (c) Decorum and Order - Employees: Members of the administrative staff and employees of the Authority shall observe the same rules of procedure and decorum applicable to board members. The Executive Director shall ensure that all Authority employees observe such decorum. Any staff members, including the Executive Director, desiring to address the Authority or -.6•J 025 members of the public shall first be recognized by the Presiding Officer. All remarks shall be addressed to the Presiding Officer and not to any one individual board member or member of the public. (d) Decorum and Order - Public: Members of the public attending Authority meetings shall observe the same rules of order and decorum applicable to the Authority. Any person making impertinent and slanderous remarks or who becomes boisterous while addressing the Authority or while attending the Authority meeting shall be removed from the room if the sergeant -of -arms is so directed by the Presiding Officer, and such person may be barred from further audience before the Authority. Unauthorized remarks from the audience, stamping of feet, whistles, yells and similar demonstrations shall not be permitted by the Presiding Officer, who may direct the sergeant -of -arms to remove such offenders from the room. Aggravated cases shall be prosecuted on appropriate complaint signed by the Presiding Officer. (e) Enforcement of Decorum: The head of the City's police agency or designee shall be ex-officio sergeant -of -arms of the Authority. He shall carry out all orders and instructions given him by the Presiding Officer for the purpose of maintaining order and decorum in the Council Chambers. Upon instructions from the Presiding Officer, it shall be the duty of the sergeant -of -arms or his representative to eject any person from the Council Chambers or place him under arrest or both. As set forth in Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the board members may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the Authority from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting. (f) Personal Privilege: The right of a member to address the Authority on a question of personal privilege shall be limited to cases in which his integrity, character, or motives are assailed, questioned or impugned. (g) Conflict of Interest: All board members are subject to the provisions of California Law, such as Chapter 7, Title 9, of the California Government Code, relative to conflicts of interest, and to conflicts of interest codes adopted by the Authority. Any board member prevented from voting because of a conflict of interest shall refrain from debate and voting and will be -.... 026 considered absent. Such board member may choose to leave the Council Chamber during debate and voting on the issue. (h) Limitation of Debate: No board member normally should speak more than once upon any one subject until every other board member choosing to speak thereon has spoken. No member shall speak for a longer time than five minutes each time he has the floor, without approval of a majority vote of the Authority. (i) Dissents and Protests: Any board member shall have the right to express dissent from or protest to any action of the Authority and have the reason entered in the minutes. If such dissent or protest is desired to be entered in the minutes, this should be made clear by language such as, "I would like the minutes to show that I am opposed to this action for the following reasons ... " (j) Procedures In Absence of Rules: In the absence of a rule herein to govern a point or procedure, Robert's Rules of Order, Newly Revised, shall be used as a guide. (k) Rulings of Presiding Officer Final Unless Overruled: In presiding over Authority meetings, the Presiding Officer shall decide all questions of interpretation of these rules, points of order or other questions of procedure requiring rulings. Any such decision or ruling shall be final unless overridden or suspended by a majority vote of the board members present and voting. Section 7. Addressing the Authority. (a) Manner of Addressing the Authority: Any member of the public desiring to address the Authority shall proceed to the podium and wait to be recognized by the Presiding Officer. After being recognized, he shall state his name and address for the record. All remarks and questions shall be addressed to the Presiding Officer and not to any individual board member, staff member or other person. No person shall enter into any discussion without being recognized by the Presiding Officer. (b) Time Limitation: For time limitation applicable to public comment, see Article III, Section (5). (c) Addressing the Authority After Motion Is Made: After a motion has been made, no member of the public shall address the Authority without first securing permission by a majority vote of the Authority. (d) Limitations Regarding Public Comments and Reports: The making of oral communications to the Authority by any member of the public �» J 027 during the "Public Comments" portion of the agenda shall be subject to the following limitations: At any time, before or after the oral communication is commenced, the Presiding Officer may if he or she deems it preferable, direct that the communication be made instead either to the Executive Director or other appropriate staff member during regular business hours, or in writing for subsequent submittal to board members. (e) Persons Authorized to be Within Platform: No person except Authority Officials shall be permitted behind the Authority dais without permission or consent of the Presiding Officer. Section 8. Motions. (a) Processing of Motions: When a motion is made and seconded, it shall be stated by the Presiding Officer before debate. A motion so stated shall not be withdrawn by the mover without the consent of the person seconding it. (b) Motions Out of Order: The Presiding Officer may at any time, by majority consent of the board members, permit a board member to introduce a resolution or motion out of the regular agenda order. (c) Division of Question: If the question contains two or more divisional propositions, the Presiding Officer may, and upon request of a board member shall (unless appealed), divide the same. (d) Procedure of Motions: When a motion is before the Authority, no motion shall be entertained except the following, which shall have precedence in the following order: Adjourn Fix hour of adjournment Table Limit or terminate discussion Amend Postpone (e) Motion to Adjourn: (not debatable) A motion to adjourn shall be in order at any time, except as follows: When repeated without intervening business or discussion. When made as an interruption of a board member while speaking. When discussion has been ended, and vote on a motion is pending, and 028 While a vote is being taken. (f) Motion to Fix Hour of Adjournment: Such a motion shall be to set a definite time at which to adjourn and shall be debatable and shall be amendable by unanimous vote. (g) Motion to Table: A motion to table shall be used to temporarily by-pass the subject. A motion to table shall be undebatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be "taken from the table" at any time prior to the end of the next regular meeting. (h) Motion to Limit or Terminate Discussion: Such a motion shall be used to limit or close debate on, or further amendment to, the main motion and shall be undebatable. If the motion fails, debate shall be reopened; if the motion passes, a vote shall be taken on the main motion. (i) Motion to Amend: A motion to amend shall be discussed only as to the amendment. A motion to amend an amendment is possible but no additional motions to further amendments may be made. Any amendment shall relate to the original motion and not introduce a different matter. Amendments shall be voted first, then the main motion as amended. Alternatively, the original maker of the main motion may agree to revise the original motion and if the second agrees to second the revised motion, the Authority may vote on the main motion as revised. Section 9. Votina. Procedure (a) Voting Procedure: In acting upon every motion, the vote shall be taken by electronic voting. In the event the electronic voting machine is not functioning, the vote shall be taken by roll call. The vote on each motion shall then be entered in full upon the record. The order of voting shall be alphabetical with the Chairperson voting last. The Secretary shall call the names of all members seated when a roll call vote is ordered or required. Members shall respond 'aye,' 'no' or 'abstain.' Any resolutions or orders for franchises or payments of money require three affirmative votes. Any member may change his or her vote before the next order of business. (b) Failure to Vote: A board member who abstains due to reasons of conflict shall, for purpose of the item under consideration, be considered as if absent. A board member abstaining for reasons other than conflict shall be counted as present for purposes of a quorum and such abstentions are counted with the majority. A board member who leaves the dais solely to avoid •"» r 029 participating in a specific item shall, in absence of a conflict, be counted as if they were present but abstaining and such abstentions are also counted with the majority. (c) Reconsideration: Any board member who voted with the majority may move a reconsideration of any action at the same meeting or, within seven (7) calendar days, request in writing to the Executive Director or Secretary that it be agendized for consideration at the following meeting. If the seventh calendar day falls on a holiday, then the deadline shall be the next business day. In the event that the subject of the reconsideration is a motion that failed as the result of a tie vote, any board member who voted against the earlier motion may move for reconsideration within the same seven (7) calendar day period. If the motion to reconsider passes, then the original item may be reconsidered at that time or agendized for the next meeting which meets any applicable noticing requirements. After a motion for reconsideration has once been acted upon, no other motion for reconsideration thereof shall be made without unanimous consent of the Authority. (d) Tie Votes: Tie Votes shall be lost motions unless an additional Motion is made which obtains a majority vote to break the tie. When all board members are present, a tie vote on whether to grant an appeal from official action shall be considered a denial of such appeal. If a tie vote results at a time when less than all members of the Council are present, the matter shall automatically be continued to the agenda of the next regular meeting of the Council, unless otherwise ordered by the Council. Notwithstanding the above, if a tie vote results at a time when one or more board member(s) are abstaining for reasons other than conflict of interest then, in that instance, the abstention vote shall be counted in favor of the motion thereby breaking the tie vote. Section 10. Resolutions (a) Definitions: The term "resolution" in its general sense will denote any action taken affirmatively via a vote of the Authority. As used in this City, however, three terms are in general use to denote such actions: "resolution," "minute order," and "motion"(thereafter recorded by minute entry). Technically, all three are equally as legally effective and binding; they just vary in the formality of respective memorial ization. The most formal is referred to locally as a "resolution". This, in addition to being referenced in the minutes, will be recorded by a separate document, numbered in sequence and preserved in a separate set of books. Such "resolutions" are used in this City for various reasons, such as when specifically required by law, when needed as a separate evidentiary document to be transmitted to another governmental agency, or where the frequency of future reference back to its contents warrants a separate document (with the additional "whereas" explanatory material it often recites) to facilitate such future reference and research. 030 A "minute order" as used locally denotes an Authority action which is recorded simply by an item entry in the minutes of the meeting at which it was accomplished, and no separate document is made to memorialize it. However, sequential numbering shall be assigned to each motion to facilitate indexing. (b) Resolutions Prepared In advance: Where a resolution has been prepared in advance, the procedure shall be: motion, second, discussion, vote pursuant to methods prescribed in Section 9.1, and result declared. It shall not be necessary to read a resolution in full or by title except to identify it. Any member may require that the resolution be read in full. (c) Resolutions Not Prepared In Advance: Where a resolution has not been prepared in advance, the procedure shall be to instruct the Executive Director or the General Counsel to prepare a resolution for presentation at the next Authority meeting. (d) Urgency Resolutions: In matters of urgency, a resolution may be presented verbally in motion form together with instructions for written preparation for later execution. After the resolution has been verbally stated, the voting procedure in 9.1 above shall be followed. Urgency resolutions shall be avoided except when absolutely necessary; and shall be avoided entirely when resolutions are required by law, in improvement acts, zoning matters, or force account work on public projects. Where the resolution has been drafted in written form, either before or during the meeting, this paragraph shall not be deemed applicable. ARTICLE IV - MISCELLANEOUS Section 1. Authority to Bind Authority. No board member, officer, official, employee, agent or consultant of the Authority, without the majority vote of the board members, or unless otherwise provided in these Bylaws and Rules of Procedure or by resolution of the Authority, shall have any power or authority to bind the Authority by any contract, to pledge its credits, or to render it liable for any purpose in any amount. Section 2. Execution of Contracts, Deeds and Other Doc Except as otherwise authorized by resolution of the Authority, either the Chairperson or the Executive Director, or in the absence of both, such person as the Executive Director may designate in writing, shall sign all contracts, deeds and other written instruments on behalf of the Authority when such have been approved by the board members. The Secretary shall attest to the signature of the •».- 031 Chairperson, Executive Director, or designee, as the case may be, unless attestation is not required. Section 3. Payment of Money, Notes or Other Indebtedness. All checks, drafts or other orders for the payment of money, notes or other evidence of indebtedness issued in the name of or payable to the Authority require the signature of any two of the following persons: the Mayor, Mayor pro tem, Authority Executive Director, and the Authority Finance Officer. The Authority Finance Officer is also authorized to use the facsimile signature of the Authority Executive Director in the preparation of any of the foregoing. In the event a facsimile signature is used the signature of the Mayor, Mayor pro tem, or the Authority Finance Officer is required. Section 4. Purchasing. Except as otherwise specified herein or as established by resolution of the board members, the Authority shall comply with all ordinances, resolutions, rules and regulations of the City in purchasing and contracting for supplies, services, and equipment. Section 5. Property. The acquisition and disposition of real property shall be governed by the Housing Authorities Law and the rules and regulations adopted by the Authority not inconsistent therewith. Section 6. Personnel. The ordinance, resolutions, rules and regulations of the City governing its personnel shall also govern the personnel of the Authority. Section 7. Amendments to Bvlaws and Rules of Procedure. The Bylaws and Rules of Procedure of the Authority may be amended by the Authority at any regular or special meeting by majority vote, provided that no such amendment shall be adopted unless at least seven days' written notice thereof has been previously given to all board members of the Authority. Such notice shall identify the section or sections of the Bylaws and Rules of Procedure proposed to be amended. -.-- 032 ATTACHMENT 1 IaIkiFill 0M111[C]FAci0 41 LTJ1:0i11 This FINANCING AGREEMENT ("Agreement") is entered into as of this day of , 2009, by and among the CITY OF LA QUINTA, a California municipal corporation and charter city ("City"), the LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic ("Agency"), and the LA QUINTA HOUSING AUTHORITY, a public body, corporate and politic ("Authority"). WHEREAS, Agency is a public body, corporate and politic, organized under the California Community Redevelopment Law (Health & Safety Code § 33000 et sec.); and WHEREAS, City is a municipal corporation and a charter city of the State of California, organized and existing under the Constitution of the State of California; and WHEREAS, the City established the Authority in accordance with the California Housing Authorities Law (Health and Safety Code Section 34200 et seq.) in order to provide suitable, safe and sanitary housing opportunities for City residents; and WHEREAS, the Authority presently has no funds with which to carry out its purposes; and WHEREAS, the City and Agency desire to provide financial assistance to the Authority by making periodic advances of funds in order to finance the operations of the Authority; and WHEREAS, it is anticipated that the loan financing set forth herein shall be repaid by Authority from future revenues generated by the Authority's ownership and operation of housing projects within the City. NOW, THEREFORE, the City, Agency, and Authority agree as follows: 1. Agency/City Financing; Interest; Use of Loan Principal. The City and/or Agency may, from time to time, advance funds to the Authority to finance the operations and projects of the Authority. Interest shall accrue on the outstanding principal advanced at the earning rate of the City's Investment Pool Funds, and shall be adjusted quarterly. The advanced funds shall be used only for the purpose of financing the operations and projects of the Authority and for no other purpose. •-.. 033 2. Repayment. The total funds advanced by the City and/or the Agency, plus all interest accrued thereon, shall be repaid by the Authority when funds generated from Authority operations are available. Authority shall be entitled to repay all or part of the loan principal at any time with no other charges, fees, or penalties. All amounts due under this Agreement shall be payable at the offices of the Agency or City (as applicable). 3. Future Financing of Specific Projects. Notwithstanding anything to the contrary in this Agreement, the parties may enter into separate agreements with different terms and conditions to finance particular projects. 4. Recordkeeping. The Finance Director/Treasurer of the City shall keep appropriate records and accounts to document all borrowings herein. 5. Non -Recourse Obligation. No officer, official, employee, agent, or representatives of Authority shall be liable for any amounts due hereunder, and no judgment or execution thereon entered in any action hereon shall be personally enforced against any such officer, official, employee, agent, or representative. 6. Entire Agreement; Amendments. This Agreement shall constitute the entire agreement of the parties. This Agreement may be amended or modified only by an agreement in writing signed by the parties. This FINANCING AGREEMENT is executed by the duly authorized representatives of the City, Agency and Authority as of the date first herein above written. •a_: 034 Dated ATTEST: Veronica J. Montecino, Agency Secretary APPROVED AS TO FORM: RUTAN & TUCKER, LLP M. Katherine Jenson Agency Counsel Dated ATTEST: Veronica J. Montecino, City Clerk "AGENCY" LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic Kristy Franklin, Agency Chairperson [signatures continued on next page] "CITY" CITY OF LA QUINTA, a California municipal corporation and charter city Thomas P. Genovese, City Manager ��, 035 APPROVED AS TO FORM: RUTAN & TUCKER, LLP M. Katherine Jenson City Attorney Dated ATTEST: Veronica J. Montecino, Authority Secretary APPROVED AS TO FORM: RUTAN & TUCKER, LLP M. Katherine Jenson Authority Counsel "AUTHORITY" LA QUINTA HOUSING AUTHORITY, a public body, corporate and politic Thomas P. Genovese, Executive Director •» 036