1995-03-22 (Report) (3)
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CITY OF ENCINITAS
AGENDA REPORT
HOUSING AUTHORITY
Meeting Date: March 22, 1995
TO: Board of Commissioners
VIA: #J
FROM:
Secretary of the BonrdlExecutive Director
Community D~ve~opment PliPartment
Sandra Holder; Dlrector?f'
Lynn Brown, Housing and Grants Coordinator
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SUBJECT:
Bylaw amendment, Article II- Officers, Section 6. Election or Appointment, to eliminate requirement that
first chairperson hold office until expiration of the term as Commissioner.
:) ISSUE:
Whether to approve bylaws amendment.
BACKGROUND:
On February 23, 1994, the Board approved the Bylaws for the Housing Authority.
ANALYSIS:
. Article 11- Officers, Section 6 of the Bylaws contains a requirement that the Chairperson and Vice
Chairperson be elected at the regular meeting of the Authority held during March. They are elected for one
year tenns except for the first Chairperson of the new Authority who would hold office until the term of the
COqJmissioner expired. The original purpose of the provision in the bylaws was to provide continuity to a
new Commission.
As the Council appointed themselves as the Housing Authority Board, the Board's term as Commissioner is
the same term as the Council tenn. Therefore, the first Chairperson of the Board, under the present bylaws,
would have remained the Chairperson until term expiration on the City Council. The proposed bylaws
amendment eliminates that requirement and allows the Board to elect any other Commissioner to the office
of Chairperson.
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cd/glb/sr032295.ha2 (3/13/95)
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FISCAL AND STAFF IMPACTS:
No fiscal nor stat} impacts.
RECOMMENDA TION:
Adopt Resolution 95-01 amending the Bylaws.
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cd/glb/sr032295.ha2 (3/13/95)
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RESOLUTION NO. 95-01
BE IT RESOLVED BY THE HOUSING AUTHORITY OF the city of
. Encinitas:
That the following bylaws be and they are hereby adopted and
amended as and the bylaws of the Housing Authority of th$ city of
Encinitas:
BYLAWS OF THE HOUSING AUTHORITY OF
THE CITY OF ENCINITAS
ARTICLE I - THE AUTHORITY
Section 1. Name of Authority. The name of the Authority
shall be "Housing Authority of the city of Encinitas."
section 2. Seal of Authority. The sale of the Authority
shall be in the form of a circle and shall bear the name of the
Authority and the year of its organization.
section 3. Office of authority. The offices of the Authority
shall be at such locations in the city of Encinitas, State of
California, as the Authority may from time to time designate by
resolution. The Authority may hold its meetings at such places as
it may from time to time designate by resolution, but only at such
times as are convenient to most tenants and in pUblic rooms large
enough to accommodate the number of people who may reasonably be
expected to attend. .
section 4. The Authority. The "Authority" herein shall mean
the Board of commissioners.
ARTICLE II - OFFICERS
section 1. Officers. The officers of the Authority shall be
a Chairperson, a vice chairperson and a Secretary.
section 2. Chairperson. The Chairperson shall preside at all
meetings of the Authority. Except as otherwise authorized by
resolution of the Authority, the Chairperson shall sign all
contracts, deeds and other instruments of conveyance, debt,
guaranty or other financial obligation exceeding the amount of
$10,000 made by 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; and in case of the resignation or death of the
Chairperson, the Vice chairperson shall perform such duties as are
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imposed on the Chairperson until such time as the Authority shall
select a new Chairperson.
section 4. Secretary. The Secretary shall be the Executive
Director of the Authority and, as Executive Director, he or she
shall have gene:r:al supervision over the administration of its
business, affairs and personnel, subject to the oversight of the
Authority. He or She shall be charged with the development,
acquisition and management of the housing projects and programs of
the Authority.
The Secretary shall keep the records of the Authority, shall
act as secretary of the meetings of the Authority and record all
votes, and shall 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 ~hall
keep in safe custody the seal of the Authority and shall have power
to affix such seal to all contracts and instruments to be executed
by the Authority. .
The Secretary shall also be the Treasurer of the Authority.
As Treasurer, he oJ:' she 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.
He or She shall sign all orders and checks for the payment of money
and shall payout and disburse such moneys under the direction of
the Authority. Except as otherwise authorized by resolution of the
Authority, all such orders and checks shall be countersigned by the
Chairperson. He or She shall keep regular book of accounts showing
receipts and expenditures and shall render to the Authority, at
each regular meeting (or oftener when requested), an account of the
transactions and also of the financial condition of the Authority.
He or She shall give such bond for the faithful performance of
duties as the Authority may determine.
The compensation of the Secretary shall be determined by the
Authority.
Section 5. Additional Duties. The officers of the Authority
shall perform such other duties and functions as may from time to
time be required by the Authority or the bylaws or rules and
regulations of the Authority.
Section 6. Election or Appointment. The Chairperson an Vice
chairperson shall be elected at the regular meeting of the
Authority held during the month of March each year from among the
commissioners of the Authority, and shall hold office for one year
or until their successors are elected and qualified, ~I
prOvided, Ilowever:, tbat tIle filst Chairperson sllall Ilold offi~e
ulltil the expil::atioh of the tel:m as COIuIllissioner.
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The Secretary shall be appointed by the Authority. Any person
appointed to fill the office of Secretary, or any vacancy therein,
shall have such term as the Authority fixes if the Secretary is
hired under contract otherwise the Secretary shall hold o'ffice
unless discharged for cause. No commissioner of the Authority
shall be eligible to this office except as a temporary appointee.
section 7. Vacancies. Should the offices of Chairperson or
Vice Chairperson become vacant, the Authority shall elect a
successor from its membership at the next regular meeting, and such
election shall be for the unexpired term of said office. When the
office of Secretary becomes vacant, the Authority shall appoint a
successor, as aforesaid.
section 8. Additional Personnel. The Authority may from time
to time employ such personnel as it deems necessary to exercise its
powers, duties and functions as prescribed by the Housing
Authorities Law of California and all other laws of the State of
California applicable thereto. The selection and compensation of
such personnel (including the Secretary) shall be determined by the
Authority subject to the laws of the state of California.
ARTICLE III - MEETINGS
section 1. Regular Meetings. Regular meetings shall be held
upon posting of notice and agenda in accordance with Sec. 54950 ~.
~. of the California Government Code at the regular meeting place
of the Authority on the 4th Wednesday, at 7:00 p.m. of each month,
unless the same shall be a legal holiday, in which event said
meeting shall be held on the next succeeding business day.
section 2. Special Meetings. The Chairperson of the
Authority may, when he or she deems it expedient, and shall, upon
the written request of two members of the Authority, call a special
meeting of the Authority for the purpose of transacting any
business designated in the agenda. The call for special meeting
may be delivered to each member of the Authority at any time prior
to the meeting or may be mailed to the business or home address of
each member of the Authority at least 48 hours prior to the date of
such special meeting. At such special meeting no business shall be
considered other than as designated in the agenda, but if all of
the members of the Authority are present at a special meeting or
have signed a Waiver of Notice and Consent to Meeting, the written
notice may be dispensed with. The notice and agenda must be posted
in a location which is freely accessible to the public at least 24
hours prior to the special meeting. The notice and agenda must be
delivered to every element of the media, written or electronic,
which has requested such notice in writing.
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Section 3. Quorum. The powers of the Authority shall be
vested in the Commissioners thereof in office from time to time.
A majority of Commissioners then in office shall constitute a
quorum for the purpose of conducting its business and exercising
its powers and for all other purposes, put a smaller number may
adjourn from time to time until a quorum is obtained. When a
quorum is in attendance, action may be taken by the Authority upon
a vote of a majority of the Commissioners present~
Section 4. Order of Business. At the regular meetings of the
Authority the following shall be the order of business:'
1. Roll call.
2.~ Consent calendar with approval of minutes of the previous
meeting
3. Items removed from the consent calendar by the pUblic
4. Oral Communications
5. Regular Agenda
6. Items removed form the consent calendar by the Board of
Commissioners
7. Report of the Secretary
8. Report of Committees
9. . Adjournment.
All resolutions shall be in writing and shall be entered in a
journal of the proceedings of the Authority.
Section 5. -Manner of voting. The voting on all questions
coming before the Authority shall be by roll call, and the yeas and
nays shall be entered upon the minutes of such meeting.
ARTICLE IV - AMENDMENTS
Amendments to Bylaws. The bylaws of the Authority shall be
amended only with the approval of a majority of the members of the
Authority at a regular or a special meeting, but no such amendment
shall be adopted unless at least seventy-two hours written notice
thereof has been previously given to all of the members of the
Authority.
Dated~ March 22, 1995
HOUS~NG AUTHORITY OF THE
CITY OF ENCINITAS
By:
Chairperson
ATTEST:
By:
Secretary
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