HA Resolution 2014-001 HA Bylaws & Rules Amended & RestatedRESOLUTION NO. HA 2014 - 001
A RESOLUTION OF THE LA QUINTA HOUSING
AUTHORITY OF THE CITY OF LA QUINTA,
CALIFORNIA, ADOPT AMENDED AND RESTATED
BYLAWS AND RULES OF PROCEDURE FOR MEETINGS,
RELATED FUNCTIONS, AND ACTIVITIES
WHEREAS, the City Council of the City of La Quinta ("City Council" or
"City," as applicable) established the La Quinta Housing Authority (the "Housing
Authority") in 2009 to function in the City of La Quinta in accordance with the
California Housing Authorities Law (Health and Safety Code Section 34200 at
seq.); and
WHEREAS, pursuant to Section 34311(a) 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, by Resolution No. HA 2012-002 adopted January 17, 2012,
the City Council elected to have all rights, powers, assets, liabilities, duties, and
obligations associated with the housing activities of the La Quinta Redevelopment
Agency transferred to the La Quinta Housing Authority pursuant to Health &
Safety Code Section 34176(b)(2); and
WHEREAS, the Authority desires to adopt amended and restated _b lvus'a
and rules of procedure for the general operation of the Authority and cQAduot%:gf,
its meetings, which shall supersede previous resolutions addressing these matter
NOW, THEREFORE, BE IT RESOLVED by the Governing;Board of the.
La Quinta Housing Authority as follows:
SECTION 1. The Amended and Restated Bylaws and Rules of Procedure of the La
Quinta Housing Authority, a copy of which is attached hereto as Exhibit "A" and
incorporated herein are hereby approved.
SECTION 2. The Housing Authority Chairperson 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.
Resolution No. HA 2014-001
Amended & Restated Bylaws & Rules of Procedure
Adopted: April 15, 2014
Page 2 of 7
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta
Housing Authority held on this 151h day of April 2014, by the following vote:
AYES: Authority Members Adolph, Evans, Franklin, Osborne, Chair Henderson
NOES: None
ABSENT: None
ABSTAIN: None
TERRY HMDERSON, Chairperson
La Quint§ gousing Authority
ATTEST:
'<U A/1 L
SUSAN„MAYSELS, S66retary
LgS infa',"0*ng Authority
AMOVED:A'1§40 FORM:
M.KATHERINE JEN$fa1V, Authority Counsel
La Quinta Housing Authority
Resolution No. HA 0144-001
Amended & Re tat
Bylaws & Rules of Procedure
Adopted: April 15, 014
Page 3 of 7
EXHIBIT A
AMENDED AND RESTATED
BYLAWS AND RULES OF PROCEDURE
OF THE LA QUINTA HOUSING AUTHORITY
SECTION 1. CITY COUNCIL RULES OF PROCEDURE INCORPORATED
Except as provided otherwise herein, all the provisions of the Rules of Procedure
for City Council Meetings and Related Functions and Activities shall apply to the
La Quinta Housing Authority and are hereby incorporated by reference as
currently written and as amended from time to time.
SECTION 2. 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 3. 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 4. 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 5. REGULAR MEETINGS
Regular meetings of the Authority shall be held on the third Tuesday of January,
April, July and October at the time designated in the Rules of Procedure for
Council Meetings and Related Functions and Activities, as it currently exists or as
it is amended in the future. In the event a day of meeting falls on a legal holiday,
said meeting shall be held on the next business day.
SECTION 6. 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, et 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
Resolution No. HA 2014-001
Amended & Restated Bylaws & Rules of Procedure
Adopted: April 15, 2014
Page 4 of 7
permissible by law.
SECTION 7. BOARD MEMBERS. 1
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
SECTION 8. 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, 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 board members shall set the selection, duties, and
compensation of such officials.
Whenever an officer of the City is designated an officer of the Authority, the
assistants and deputies of such officer from time to time shad also be, ex officio,
officers of the Authority; and whenever a power is granted to, or a duty imposed
upon, such officer, the power may be exercised, or the duty performed, by such
assistant or deputy.
SECTION 9. CHAIRPERSON
Chairpersons and the Vice -Chairpersons 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.
SECTION 10. VICE -CHAIRPERSON
The Vice -Chairperson shall perform the duties of the Chairperson in the absence,
incapacity, resignation, or death of the Chairperson until such time as the
Chairperson returns or a new Chairperson takes office.
SECTION 11. ABSENCES
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.
Resolution No. HA 2014-001
Amended & Restated Bylaws & Rules of Procedure
Adopted: April 15, 2014
Page 5 of 7
SECTION 12. 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 13. 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 the
financial conditions of the Authority.
SECTION 14. 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/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 15. SECRETARY.
The Secretary shall be 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.
SECTION 16. 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.
Resolution No. HA 2014-001
Amended & Restated Bylaws & Rules of Procedure
Adopted: April 15, 2014
Page 6 of 7
SECTION 17. PERSONNEL
The ordinances, resolutions, rules, and regulations of the City governing its
personnel shall also govern the personnel of the Authority.
SECTION 18. 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 or by an affirmative vote of the majority, determine that such
position shall remain vacant for a definite or indefinite period. No board member
shall be eligible for any office of the Authority other than Chairperson and Vice -
Chairperson.
SECTION 19. COMPENSATION
No board member shall be employed by the Authority during his/her 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 20. 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. The Authority may utilize the services of City employees as
authorized by the City. 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 21. PAYMENT OF MONEY, NOTES, AND 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 Chairperson, Vice -
Chairperson, Authority Executive Director, and the Authority Finance Officer.
Resolution No. HA 2014-001
Amended & Restated Bylaws & Rules of Procedure
Adopted: April 15, 2014
Page 7 of 7
SECTION 22. 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 23. 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 24. RULES DIRECTORY
To the extent not required by State laws, these rules of procedure shall be
considered directory only; and compliance herewith shall not be considered
mandatory or jurisdictional.