2014 04 15 HAVFL116 oil HIM
Housing Authority agendas and staff
reports are available on the City's web
site: www.la-quinta. org
HOUSING AUTHORITY
AGENDA
CITY HALL COUNCIL CHAMBERS
78-495 Calle Tampico La Quinta
REGULAR MEETING ON TUESDAY, APRIL 15, 2014 AT 4:00 P.M.
CALL TO ORDER
ROLL CALL:
Authority Members: Adolph, Evans, Franklin, Osborne, Chairperson Henderson
VERBAL ANNOUNCEMENT — AB 23 [AUTHORITY SECRETARY]
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. The Housing Authority values your comments; however in accordance
with State law, no action shall be taken on any item not appearing on the agenda unless it
is an emergency item authorized by GC 54954.2(b).
CONFIRMATION OF AGENDA
APPROVAL OF MINUTES
PAGE
1 . MINUTES OF MARCH 18, 2014 3
CONSENT CALENDAR
NOTE: Consent Calendar items are routine in nature and can be approved by one motion.
1 . APPROVE DEMAND REGISTER DATED APRIL 15, 2014 5
2. RECEIVE AND FILE TREASURER'S REPORT DATED JANUARY 31, 7
2014
HOUSING AUTHORITY AGENDA 1
APRIL 15, 2014
PAGE
3. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORTS 9
DATED JANUARY 31, 2014
BUSINESS SESSION
ADOPT RESOLUTION AMENDING AND RESTATING BYLAWS AND 13
RULES OF PROCEDURE [RESOLUTION HA 2014-0011
CHAIR AND BOARD MEMBERS' ITEMS — NONE
PUBLIC HEARINGS — NONE
ADJOURNMENT
For information about the date of the next meeting of the Housing Authority,
please contact the City Clerk's Office at 760-777-7000.
DECLARATION OF POSTING
I, Susan Maysels, Authority Secretary of the La Quinta Housing Authority, do
hereby declare that the foregoing agenda for the La Quinta Housing Authority was
posted near the entrance to the Council Chambers at 78-495 Calle Tampico and on
the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 1 1 1, on
April 11, 2014.
DATED: April 11, 2014
SUSAN MAYSELS, Authority Secretary
La Quinta Housing Authority
Public Notices
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.
HOUSING AUTHORITY AGENDA 2
APRIL 15, 2014
HOUSING AUTHORITY
MINUTES
TUESDAY, MARCH 18, 2014
A regular meeting of the La Quinta Housing Authority was called to order at 7:13
p.m. by Chairperson Henderson.
PRESENT: Authority Members Adolph, Evans, Franklin, Osborne, Chair Henderson
ABSENT: None
VERBAL ANNOUNCEMENT - AB 23 was made by the Authority Secretary
PUBLIC COMMENT - None
CONFIRMATION OF AGENDA - Confirmed
APPROVAL OF MINUTES
MOTION - A motion was made and seconded by Authority Members Franklin/
Adolph to approve the minutes of February 18, 2014 as submitted. Motion passed
unanimously.
CONSENT CALENDAR
1. APPROVE DEMAND REGISTER DATED MARCH 18, 2014
2. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORTS DATED
DECEMBER 31, 2013
3. RECEIVE AND FILE TREASURER'S REPORT DATED DECEMBER 31, 2013
MOTION - A motion was made and seconded by Authority Members Evans/Adolph
to approve the Consent Calendar as recommended. Motion passed unanimously.
BUSINESS SESSION - None
REPORTS AND INFORMATION ITEMS - None
CHAIR AND BOARD MEMBERS' ITEMS - None
PUBLIC HEARINGS - None
ADJOURNMENT
There being no further business, it was moved and seconded by Authority
Members Evans/Franklin to adjourn at 7:15 p.m. Motion passed unanimously.
Respectfully submitted,
SUSAN MAYSELS, Authority Secretary
La Quinta Housing Authority
HOUSING AUTHORITY MINUTES
MARCH 18, 2014
3
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CITY / SA / HA]/ FA MEETING DATE: April 15, 2014 AGENDA CATEGORY:
ITEM TITLE: APPROVE DEMAND REGISTER DATED BUSINESS SESSION:
APRIL 15, 2014
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Receive and file demand register dated April 15, 2014, of which $967.50 represents
Housing Authority expenditures.
PLEASE SEE CONSENT CALENDAR ON CITY COUNCIL AGENDA
Report prepared by: Sandra Mancilla, Account Technician
Report approved for submission by: Patrick Griffin, Interim Finance Director
5
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CITY / SA / HA / FA MEETING DATE: April 15, 2014 AGENDA CATEGORY:
ITEM TITLE: RECEIVE AND FILE TREASURER'S REPORT BUSINESS SESSION:
DATED JANUARY 31, 2014
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Receive and file.
FISCAL IMPACT
None.
BACKGROUND/ANALYSIS:
Per City Investment Policy, the Treasurer's Report is presented on a monthly basis
and reflects monthly cash balances, investment activities, and the portfolio
performance. The City pools all cash and investments. Therefore, a separate
report for each reporting entity is not issued. The combined report for all entities is
presented in the City Council's consent item staff report.
ALTERNATIVES:
None.
Report prepared by: Patrick Griffin, Interim Finance Director
Report approved for submission by: Frank J. Spevacek, City Manager
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CITY / SA / HA / FA MEETING DATE: April 15, 2014 AGENDA CATEGORY:
ITEM TITLE: RECEIVE AND FILE REVENUE AND BUSINESS SESSION:
EXPENDITURE REPORTS DATED JANUARY 31, 2014
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Receive and file.
EXECUTIVES SUMMARY:
• Revenue and expenditure reports are submitted monthly to the La Quinta
Housing Authority for review.
• The reports summarize year-to-date revenues and expenditures of the
Housing Authority.
FISCAL IMPACT:
None.
BACKGROUND/ANAYLSIS:
Revenue and expenditure reports are submitted to the La Quinta Housing Authority
monthly to review, receive, and file. The January 31, 2014 Statements of
Revenues and Expenditures for the Housing Authority are attached (Attachments 1
and 2, respectively).
The La Quinta Housing Authority has collected 58.1 percent of its projected
revenues through January 31, 2014. Revenues consist mainly of rental income for
City -owned properties in the Cove and Federal Government Assistance payments
for the Washington Street Apartments Project. Expenditures are at 55.8 percent of
the budgeted amounts. The expenditures consist mainly of costs related to
maintain the housing program. When expenditures exceed revenues, the fund
balance is used to underwrite these expenditures.
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ALTERNATIVES:
None.
Report prepared by: Patrick Griffin, Interim Finance Director
Report approved for submission by: Frank J. Spevacek, City Manager
Attachments: 1. Revenue Reports for January 31, 2014
2. Expenditure Reports for January 31, 2014
a
ATTACHMENT 1
LA QUINTA HOUSING AUTHORITY
REVENUE SUMMARY
07/01/2013 - 01/31/2014
ADJUSTED
BUDGET
REMAINING %
RECEIVED BUDGET RECEIVED
PROJECT AREA NO 1 HOUSING AUTHORITY(241)
Proceeds From Home Sale
125,000.00
0.00
125,000.00
0.000%
Allocated Interest Income
5,500.00
(645.73)
6,145.73
-11.740%
Non Allocated Interest Income
0.00
719.61
(719.61)
0.000%
Rental Income
240,000.00
173,004.79
66,995.21
72.090%
2nd Trust Deed Repayments
0.00
20,657.05
(20,657.05)
0.000%
Transfer In
0.00
0.00
0.00
0.000%
TOTAL LQ HOUSING AUTHORITY PA 1
370,500.00
193,735.72
176,764.28
52.290%
PROJECT AREA NO 2 HOUSING AUTHORITY(242)
WSA Fed Govt Assistance Pymts
627,200.00
251,732.00
375,468.00
40.140%
WSA Fed Govt Interest Rate Subsidy
0.00
0.00
0.00
0.000%
WSA Interest Income
0.00
0.00
0.00
0.000%
WSA Non Allocated Interest Income
2,800.00
483.42
2,316.58
17.270%
WSA Rental Income
0.00
112,141.00
(112,141.00)
0.000%
WSA Other Revenues
4,200.00
3,820.11
379.89
90.960%
Transfer In
0.00
0.00
0.00
0.000%
TOTAL LQ HOUSING AUTHORITY PA 2 634,200.00 368,176.53 266,023.47 58.050%
11
ATTACHMENT 2
LA QUINTA HOUSING AUTHORITY MID -YEAR ADJUSTED 1/3112014 REMAINING
EXPENDITURE SUMMARY BUDGET REQUESTS BUDGET EXPENDITURES ENCUMBERED BUDGET
PROJECT AREA NO 1 HOUSING AUTHORITY
SERVICES
65,700.00
65,700.00
27,500.99
38,199.01
2ND TRUST DEED PROGRAM
65,000.00
65,000.00
0.00
65,000.00
FORECLOSURE ACQUISITION
0.00
0.00
0.00
-
HOUSING DEVELOPMENT PROGRAM
160,000.00
160,000.00
125,437.86
34,562.14
TRANSFER OUT
(191,623.00)
(191,623.00)
0.00
(191,623,00)
TOTAL PROJECT AREA NO 1 HOUSING AUTHORITY
99,077.00
0.00 99,077.00
152,938.85
0.00 (53,861.85)
PROJECT AREA NO 2 HOUSING AUTHORITY
SERVICES
1,700.00
1,700.00
929.82
770.18
WASH ST APTS EXPENSES
494,100.00
494,100.00
199,478.12
294,621.88
WSA PRINIPROVIDENT LOAN
35,400.00
35,400.00
20,237.13
15,162.87
WSA PRIN/USDA LOAN
15,800.00
15,800.00
9,002.92
6,797.08
WSA INTERESTIPROVIDENT LOAN
119,400.00
119,400.00
69,872.96
49,527.04
WSA INTEREST/USDA LOAN
69,500.00
69,500.00
13,392.72
56,107.28
WSA ADVANCE INTEREST EXPEN;
0.00
0.00
0.00
0.00
TRANSFER OUT
0.00
0.00
0.00
0.00
TOTAL PROJECT AREA NO 2 HOUSING AUTHORITY
735,900.00
0.00 735,900.00
312,913.67
0.00 422,986.33
TOTAL HOUSING AUTHORITY
834,977.00
0.00 834,977.00
465,852.52
0.00 369,124.48
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CITY / SA / HA / FA MEETING DATE: April 15, 2014
ITEM TITLE: ADOPT RESOLUTION AMENDING AND
RESTATING BYLAWS AND RULES OF PROCEDURE
RECOMMENDED ACTION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Adopt a resolution approving the Amended and Restated Bylaws and Rules of
Procedure.
EXECUTIVE SUMMARY:
Due to changes in law, policy, and/or practice, amendments to the Rules of
Procedure ("Rules") are necessary from time -to -time.
At the January 21, 2014 Council meeting, Council formed an Ad Hoc
Committee consisting of Councilmembers Evans and Franklin to review the
Rules.
A thorough examination of all sections of the Rules was undertaken to
incorporate changes in State law, improvements in technology, increased
emphasis on transparency, and evolved practices.
The Council Rules will now be the master document containing all matters
common to every City government body. The Housing Authority, Financing
Authority, and Successor Agency Rules are consistent with each other and
contain only the provisions specific to that government body.
FISCAL IMPACT:
Financing Authority and Successor Agency Members serve without pay, but
Housing Authority Members are entitled to $50 per meeting. The anticipated
savings due to the reduction of regular Housing Authority meetings from monthly
13
to quarterly is $1,600 in salaries (Councilmember Henderson waives pay for these
meetings.) Savings of paper, equipment wear and tear, and staff time will also
result from the reduction in agenda packet production.
BACKGROUND/ANALYSIS:
With the exception of sections discussed below, all changes to the Rules reflect
current practice, recently enacted State law, or accomplish the goals of logical
organization and consistency.
HOUSING AUTHORITY
Section 5 Regular Meetings — The Housing Authority has been meeting monthly
since it was established in October 2009. The dissolution of the Redevelopment
Agency and the completion of several major housing projects have slowed housing
development activity. Staff estimates that quarterly meetings will be sufficient to
address housing business going forward. If an additional meeting is needed, a
special meeting may be called at any time.
FINANCING AUTHORITY
The Financing Authority, which was created in 1988, did not have formal Rules but
the Joint Exercise of Powers Agreement (JEPA) that established the Authority, and
Resolution Nos. FA1988-001, FA2006-003 addressed many of the matters
typically included in Rules documents. The new Rules were created by pulling
relevant provisions from these three documents and using the amended and
restated Housing Authority Rules document as a template. A redlined version of
the Financing Authority Rules is included as Attachment 2.
Section 5 Meetings — From 1988 to 2006, the Financing Authority was only
required to meet on the first Tuesday of the month preceding the date it expected
to purchase bonds or other evidence of indebtedness. During the years 1988 to
1999, the Authority met, on average, three times per year. Starting in 2000 and
continuing to the present, the Authority has met monthly. There is no record of
Authority Members formalizing this change, nor is there any staff report or minutes
addressing it until 2006. The change to monthly meetings was formalized with the
adoption of Resolution No. FA2006-003 but the accompanying staff report and
resolution "whereas" sections do not explain the reason for the change to monthly
meetings.
Based on research of State and Municipal Code, meeting requirements for the
Financing Authority are not specific days, or frequency. Financing Authorities are
only required to meet to take action on certain matters. Therefore, the text of
Section 5 calls for meetings to occur as needed to take action on necessary annual
budgets, annual investment policies, annual financial reports, and bond items.
Since no regular meeting day is being set, as -needed meetings will be labeled
14
special meetings. To each meeting called, staff will add Consent Calendar items
such as approval of minutes, revenue and expenditure reportlsl, and treasurer's
reports that are pending since the last meeting. No operational problem or conflict
with State Code arises from less frequent approval of minutes or routine Finance
Department reports.
SUCCESSOR AGENCY
The Successor Agency has not adopted Rules. In developing Rules for the Agency,
the amended and restated Housing Authority Rules template was used since most
provisions are common to both bodies.
Section 5 Meetings — The Successor Agency has been meeting twice per month
following every Council meeting since its creation in 2012. The purpose of the
Agency is to wind down the affairs of the dissolved Redevelopment Agency and as
such, the text of Section 5 states that it shall meet as needed when action is
required on these matters. State law is silent on the frequency of Agency
meetings. As with the Financing Authority above, staff will bring accumulated
minutes and finance reports to each meeting called and meetings will be labeled
special meetings.
ALTERNATIVES:
With the exception of provisions required by State law, Council may add, delete, or
amend any existing or proposed section of the Rules.
Report prepared by: Susan Maysels, Secretary
Report approved for submission by: Frank J. Spevacek, Executive Director
Attachments: 1 . Housing Authority Rules of Procedure — redlined
15
16
RESOLUTION NO. HA 2014 -
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 et
seq.); and
WHEREAS, pursuant to Section 34311 (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, 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 bylaws
and rules of procedure for the general operation of the Authority and conduct of
its meetings, which shall supersede previous resolutions addressing these matters.
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.
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Resolution No. HA 2014-
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 day of 2014, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
TERRY HENDERSON, Chairperson
La Quinta Housing Authority
ATTEST:
SUSAN MAYSELS, Secretary
La Quinta Housing Authority
(AUTHORITY SEAL)
APPROVED AS TO FORM:
M. KATHERINE JENSON, Authority Counsel
La Quinta Housing Authority
18
Resolution No. HA 2014-
Amended & Restated Bylaws & Rules of Procedure
Adopted: April 15, 2014
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
permissible by law.
0
Resolution No. HA 2014-
Amended & Restated Bylaws & Rules of Procedure
Adopted: April 15, 2014
Page 4 of 7
SECTION 7. 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.
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 shall 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.
911
Resolution No. HA 2014-
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.
-?Al
Resolution No. HA 2014-
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.
M
Resolution No. HA 2014-
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.
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24
ATTACHMENT 1
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 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 4-2. 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 2-3. 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 34. 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 eat
MORth January, April, July and October at the time designated in La Quinta C4t-y
GeuT,,,l�solution No. 2006 _, 02, Rules of Procedure for Council Meetings and
Related Function and Activities ,as it currently exists or as it is amended in the
future, mn the a Gil CharnbeFs— Gity Hall, La—Quinta, California, or at
%rthe der of adieWnmeri+fir the notice of eall of any special M- e'e-ting. In the
event a day of meeting shall be a legal holiday, said meeting shall be held on the
next business day.
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Section 46. 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 permissible
by law.
I Section �57. 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.
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, aR AssistaRt Executive—DiTeeter, 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.
Whenever an officer of the City is designated an officer of the Authority, the
assistants and deputies of such officer from time to time shall 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 -29. Chairperson.
the board r eembers. Suceessive—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.
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The Chairperson of the Authority shall preside at all meetings of the
Authority. At eaeh rneetiRg the r OTshall submit sweh
FeGE)WIFneRElatiORS aREI i ram;-1a-t i 0 R as he—e F she Fna y c-e„E eF;Troper
-}n.-...-...ig the bWrS-1iReSS, affairs, and eIiemes .-ham/�i--ci.thE)FitY1.
Section -310. Vice -Chairperson.
The Vice -Chairperson shall perform the duties of the Chairperson in the
absence, or incapacity, resignation, or death of the Chairperson until such
time as the Chairperson returns or a new Chairperson takes office.. in case of
the at+en er death of the Chairperson, the ice shall
perform such duties as are impesed en the-Chairpersen until such tirne as a
new Chairperson takes effi.ho
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.
Section 412. 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 -51 3. 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 614. 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
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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 -715. Secretary.
The Secretary shall be the Exeeutive DiFeetOF WhO Fnay delegate,aRY OF all Of
such duties to the—persen 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 —ef tfie—Seeretary, the Exeeutive Direeter
shall appeint a . beF r.f the
Via,-f-f rteaet asC�eeFetaFy. .
Section -916. 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.
Section -176. Personnel.
The ordinance, resolutions, rules and regulations of the City governing its
personnel shall also govern the personnel of the Authority.
Section 4-018. 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
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successor within a reasonable period of time or by resolution -an
affirmative vote of the majority, 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 1419. 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 4-220. Additional Personnel, A gents 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 PFeSGFibed—by the GalifOFRia HGWSi„g—^uhWities
Law, as amended, and all other laws of the -State of California applicable
therette. The Authority may utilize the services of City ^^�'�Qedevekernen-t
Ag;eyemployees as authorized by the Cityand/GFRedevelepme^* AST
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.
Seetisn1 S. Polotogal ^^+;.,;+,^^
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a . _
.-
Mmm
Sm
(V4) Confirmatmen of Agenda
{X Busaness SGTsaen
Chairperson and board members' items
kx V4 R� �wi (`..tumor.+
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Section -321 . 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
Chairperson, Vice -Chairperson pro -terry, Authority Executive Director, and
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the Authority Finance Officer. The Authority —mince Officer is aase
rs used the signature—ofthe Mayer, Mayer a tern, er the Authority Finance
Off i6eF us FeqUiFeElm
Section 422. 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 -523. Property.,
The acqu1 s1 t1 on 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 iurisdictional.
END
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