2009-04-22 (Report) (3)
HOUSING AUTHQRITY'bF THE
C1°CY OF ENCINiTAS
AGf IUDA REPOF2T :
Meetfng Date: April 22, 2009.
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TO: Chairperson and Housing Authority Board _
VIA: Phi{ Cotton, 'Executive Director ~
FROM: trick Murphy, Planning & Bu'rlding Direetor
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'1Diane Langager; Principal Planner
Ran Barefield, Hausing Administrator ~ A, `
SUBJECT: Adoption of Resolution No. 2009-01 revising the Bylaws of the Housing
Authority of the City of Encinitas
BACKGROUND: On January 26, 1994, the City Council adopted Resolution No. 94-04:
determining the need for a housing authority to function within the City. The resolution
identified that the City Council shalf` be the Board of Commissioners of the Housing
Authority of the City of Encinitas (Housing-.Authority). Additionally, the resolution cited
that upon a contract with an owner for leased housing, two tenant commissioners who
- are tenants of the Housing Authority,shall be appointed:to the'Housing Authority Board;
of which one of the#enant commissioners shall be over:62 years of age.
On February 23, 1994, the Housing: Authority Board °.adopted Resolutio:n No. 94-01,
which approved the the Bylaws of the Housing Authority. ! The ' Bylaws define the
governance operations of the Housing Authority, such as officers, duties; election and
' ;appointments, vacancies, and meetings. On March 22, ,1995, the Bylaws were
amended by adoption of Resolution No. 95-01. The amendment related to the election
of the Chairperson.-
l1NALYSIS: In review of, the $ylaws, the term appointment of the Housing Authority
#enant commissioners is' not identified. This is not inconsistent with Sta#e law; which
o:nly cites that two tenant comrnissioners shall be appointed, of which one' tenant
commissioner shall` be over 62 years of age. In the Board's consideration of revising
the Bylaws related to tenant commissioner appointments, a revision may also 'provide
an opportunity to clarify various articles related to Housing Authority.Board composition,
meetings and other items.
Related to term appointments of the tenant commissioners, staff contacted the other
five housing authorities within San Diego County to determine if there is a consensus
for tenant commissioner appointments. Generaily, initial tenant commissioner
appointrnentsare for two years. While reappointments and term limits are typically not
addressed, the housing authorities' staff have indicated an intent and,desire to provide
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opportunities to other housing authority tenants to serve as tenant commissioners after
the second two-year term.
Although, the intent may be to limit the tenant commissioners to two terms, in practice,
tenant commissioners typically serve longer than two terms. The limited candidacy pool
of tenants willing to serve may contribute to the longer term appointments of tenant
commissioners. This is especially a consideration with a small housing authority, such
as our Housing Authority.
Staff recommends that the Housing Authority Bylaws be revised to be consistent with
the City Council's appointments to other various City boards, commissions and
committees (i.e., Chapter 2.30 and Chapter 2.34 of Municipal Code), which are #wo-
year appointments. "Attachment A" delineates staff s proposed revisions to the current
Housing Authority Bylaws. Additionally, other revisions are proposed with the
amendment to clarify or correct various articles and correct grammatical errors.
FISCAL AND STAFF IMPACT: There are no fiscal or staff impacts related to this
action.
RECOMMENDA,TION: Adopt Resolution No. 2009-01 ("Attachment B") revising the
Bylaws of the Housing Authority of the City of Encinitas.
ATTACHMENTS:
A- Proposed revisions to the Housing Authority Bylaws
B - Resofution No. 2009-01
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Attachment A
Proposed Revisions to the
Bylaws
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RESOLUTION NO. 2009-01
BE IT RESOLVED BY THE HOUSING AUTHORITY OF THE CITY OF
ENCINITAS:
That the following Bylaws are hereby adopted, as amended, and are the Bylaws
of the Housing Authority of the 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-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 Aauthority. The offices of the Authority shall be at such
focations in the City of Encinitas, State of California, as the Authority may from time to
time designate by resolution. The Authorify 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 - MEMBERSHIP
Section 1. Com osition. The Board of Commissioners shaU consist of seven
members. ive members shall e the ity Council af the City a ncinitas and two
members shaU e tenants of the Autharit . One of the tenant commissioners s a11 be
over 2years of aqe.
Section 2. Terms of Membershi . The members re resented b the Cit Gauncil
shall serve terms coincident to their Cit Council terms. enant members sha I serve a
iwo-year term and can be reappainte .
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Section 3. Tenant Member Termination. Members serve at the pleasure o# the
City CounciL
Section 4. Resi nation of Tenant Member. A member ma resi n at an time b
ivin written notice to the Boar Chair erson. An suc resi nation s a e e ective
u on recei fi or u an an time eriod s ecified therein. The acce tance of suc
resignation shall nat be necessary to ma e it effective.
Section 5. Vacanc of Tenant Member. When a vacanc occurs the Cit Clerk
shall post notice Final appointment shall not be made bv the ity Counci for at least
10 days after the posting af notice. '
Section 6. A ointments of Tenant Members. On or before March 1st of a year
when membershi terms ex ire or a vacanc occurs t e it lerk s a I re are an
a ointment ist for it Gouncil consideration. Three affirmative votes o mem ers of
the Citv Counci are reouired to appaint a tenant member for a_ ulE term or unexpired
portian of a vacated term.
ARTICLE III - OFFICERS
Section 1. Officers. The officers of the Authority shall be a Chairperson, a Vice
Chairpersan 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 cantracts, deeds and other instruments of conveyance, debt,
guaranty or other financiaF obligation exceeding the amount of $10,000 made by the
Authority. At each meeting the Chairperson shall submit such recommendations and
I information as h,-e-er sn°` ma" nnnsirlor nrnnor 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 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
I Authority and, as the Executive Director, #e-er-she-shall have general supervision over
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the administration of its business, affairs and personnel, subject to the oversight of the
Authority. The Executive Director #e--of-She shall be charged with the development,
acquisition and management of the housing projects and programs of the n,,+►,
T-14eAuthority. The Secretary shall be the City Manager of the City of Encinitas.
The Secretary shall be responsible to keep the records of the Authority, shall act
as secretary e#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 incidental to the office. The Secretary shall
keep in safe custody the seal of the Authority and shall have the power to affix such
seaf to all contracts and instruments to be executed by the Authority:
The Secretary shall also be the Treasurer of the Authority. The ,4s Treasurer-,#e
er-she shall be responsible for 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
I Authority may select. The Treasureru-~-^rQ"e 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. The TreasurerHe-ar-~
shall keep regular book of accounts stiowing receipts and expenditures and shall render
to the Authority, at each regular meeting (or more ofteneF as when requested); an
account of the transactions and also of the financial condition of the Authority. He-er
S4e
do+o°.
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
Bbylaws or rules and regulations of the Authority.
Section 6. Election or Appointment. The Chairperson shall be the Mayor of the
City of Encinitas and the Vice Chairperson shali be the Deputy Mavar of the City of
Encinitas s4ala--be elected at the regular meeting of the City Council AuthG~* held
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during the month of December AAaFGh each year iGT °r~~ t"e
Auther+ty, and shall hold ofFice for one year or until their successors are elected-an-4
qLjalified•
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~~.p~c~~ t~. Cotro~nri ichirorl unrlor nnritrr+l+t nthonvjsp~+hCSont~ie~F Fy sh^I.Qm.d v
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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 aad functions as
I prescribed by the Housing Authorities Law of California and all other laws of the -sState
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. The Executive Director may deleqate responsibilities under the role `
as Secretarv and Treasurer, as deemed appropriate:
ARTICLE I11V - MEETINGS
Section 1. Regular Meetings. Regular meetings shall be held upon posting of a
public notice and an agenda in accordance with Sec. 54950 et. sec. of the California
Government Code at the regular meeting place of the Authority coincident with a
reqularly scheduled City Council meetinqo~-+ 4t" v".p^'d^«, 7•00 Mm m ef o
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{-en-t , e .
.y F~~ic+int~oc rlo~~
holrl nn--thor~ov+ e~Gnoclir~rv
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Section 2. Special Meetings. The Chairperson of the Authority may, when be-Ar-
she deemsed +t-expedient, and shall, upon the written request of two members of the
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Authority, call a special meeting of the Authority for the purpose of transacting any
I business designated in the agenda. The call for a special meeting may be delivered to
each member of the Authority at any time prior to the meeting or may be mailed to the
( 6usiness or home address of each member of the Authority at least 4972 houcs prior to
the date of such special meeting. At such special meeting no business shall be
considered other than as designated in the agenda, h„+ ,f .,ll of the mnmhorc „f +
~u#ierf
r,,,,se„+ nn ~t[n~, .wr;tten ROt'^y tio dcsnonsod wc+h. The up blic 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 up blic notice and agenda must be delivered to
every element of the media, written or electronic, which has requested such notice in
writing.
Section 3. Quorum. The powers of the Authority shall be vested in the
I Commissioners *"°r-~~,°^f-=n-^ff;^°-fr^m ta^n° +;^,ne 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, but a smaller number may adjourn from
time to time until a quorum is obtained. When a quorum is in attendance, action may be
#aken by the Authority upon a vote of a majority of the Commissioners present.
Section 4. Order of Business. A#-tThe order of business of regular meetings of
the Authority the f^'l^wi^n shall be as outlined in CitV, of Encinitas Council Palicy
GT h~ in~ino~s
G'`003~ho n-TCfrrJor nf fJCT 1TTCi
STIV'p"r
1 oall cv_+n (1rrJor/R~ll cnC`nll
-vra'vrn-c'vrrc~-.~-
of A#`-n irp ~-nr~,p
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3._ C-.ri~e6a ~ l5rosont•.tinno/l7rnGl•.vnatieno
-c ra lr4Qmmuni r ~+4Ta rinc3ii-.rr.
(''han eo +n the 4
~-~,-r,~0nda
nngant_rrrvGainr~-rrcri.i .
. . . . _QO i r . c~. n3-v1 -+cncd Pro . . .
(`nmc remn~~orJ h~r+ho Dhlir mc~ntinr+
S nvrnccsr~i-rc-t-vice
.-T:---vr~r~
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314emc ror~n»arl frnm ~ho nn... r~cor~t GaIerisJnr h~i iho riihlin
6~. O m ~ r v ~n ~ ~ v ~ ~ ~ ~ v . . I
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C?orv~~l~r Ar~
7-cynn n Itcomo
t~~~.,~~'rUT-i-nv~ . .
6:
$8ard-6f-
GttmmissiViiC"'i~'s'-. .
J~--Re
:cs,.R°pnrF nf Cnmmi#n~~
9:-'-f-tuj ^vciiYni -mr-rc°, Y'-r-rc-
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-aves and nays shall be entered in t+pGn the
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minutes of such meeting. ARTICLE IV - AMENDMENTS
Amendments to Bylaws. The Bbylaws 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: April22, 2009 HOUSING AUTHORITY OF THE
CITY OF ENCINTAS
By:
i Maqdie Houlihan,
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Chairperson
ATTEST:
By:
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I P.E. Cottnn, Secretary
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Attachment B
Resolution, No. 2009-01
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RESOLUTION NO. 2009-01
BE 1T RESOLVED BY THE HOUSING AUTHORITY OF THE CITY OF
ENCINITAS:
That #he following Bylaws are hereby adopted, as amended, and are the Bylaws
of the Housing Authority of the 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 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. 0ffice 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 11- MEMBERSHIP
Section 1. Composition. The Board of Commissioners shall consist of seven
rnembers. Five members shall be the City Council of the City of Encinitas and two
members shall be tenan#s of the Authority. One of the tenant`commissioners shall be
over 62 years of age.
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Section 2. Terms of Membership. The members represented by the City Council ~
shall serve terms coincident to their City Council terms. Tenant members shall serve a i
two-year term and can be reappointed. Section 3. Tenant Member Termination. Tenant members serve at the pleasure
' of the City Council.
Section 4. Resignation of Tenant Member. A member may resign at any time by
giving written notice #o the Board Chairperson. Any such resignation shall be effective
upon receipt or upon any time period specified therein. The acceptance of such
resignation shall not be necessary to make it effective.
Section 5. Vacancy of Tenant Member. When a vacancy occurs, the City Clerk
of the City of Encinitas shall post notice. Final appointment shall not be made by the
City Council for at least 10 days after, the posting of notice.
Section 6. Appointments of Tenant Members. On or before March 1St of a year
when membership terms expire or a vacancy occurs, the City Clerk shafl prepare an
appointment list for City Council consideration. Three affirmative votes of inembers of
the City Council are required to appoint a tenant member for a full term or unexpired.
portion of a vacated term.
ARTICLE III - 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 recornmendations and
information concerning the business, affairs and policies of the Authority.
Section 3. Vice Chairperson. The Vice Chairperson shall perform the duties of
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the Chairperson in the absence or incapacity of the Chairperson; and in case of the i
resignation or death of the Chairperson, the Vice Chairperson shall perform such duties
as are imposed on the Chairperson until such time as the Authority shall select a new
Chairperson.
Section 4. Secretary. T'he Secretary shall be the Executive Director of the
Authority and, as the Executive Director, shall have general supervision over the
administration of its business, affairs and personnel, subject to the oversight of the
Authority. The Executive Director shall be charged with the development, acquisition
and management of the housing projects and programs of the Authority. The Secretary
shall be the City Manager of the City of Encinitas.
The Secretary shall be responsible to 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 incidental to the office. The Secretary shall
keep in safe custody the seal of the Authority and shall have the power to affix such
seal to all contracts and instruments ta be executed by the Authority.
The Secretary shall also be the Treasurer of the Authority. The Treasurer shall
be responsible for 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 Treasurer 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. The Treasurer shall keep regular book of accounts
showing receipts and expenditures and shall render to the Authority, at each regular
meeting (or more often as requested), an account of the transactions and also of the
financial condition of the Authority.
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
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Bylaws or rules and regulations of the Authority.
Section 6. Election or Appointment. The Chairperson shall be the Mayor of the
City of Encinitas and the Vice Chairperson shall be the Deputy Mayor of the City of
Encinitas elected at the regular meeting of the City Council held during the month of
December each year, and shall hold office for one year or until their successors are
elected.
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, #he Authority shaA appoint a successor, as
aforesaid.
Section 8. Addi#ional 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. The Executive Director may delegate responsibilifiies under the role
as Secretary and Treasurer, as deemed appropriate.
ARTICLE IV - MEETINGS
Section 1. Regular Meetings. Regular meetings shall be held upon posting of a
public notice and an agenda in accordance with Sec. 54950 et. sec. of the California Government Code at the regular meeting place of the Authority coincident with a,
regularly scheduled City Council meeting.
Section 2. Special Meetings. The Chairperson of the Authority may, when
deemed expedient, and shall, upon the written request of two members ofthe Authority,
call a speciaf ineeting of the Authority for the purpose of transacting any business
designated in the agenda. The call for a special meeting may be delivered to each
member of the Authority at any time prior to the meeting or may be mailed to the
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business or home address of each member of the Authority at least 72 hours prior to the
date of such specia{ meeting. At such speciaf ineeting no business shall be considered
other than as designated in the agenda. The public 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 public notice and agenda must be delivered to every element of the
media, written or elec#ronic, which has requested such notice in writing.
Section 3. Quorum. The powers of the Authority shall be vested in the
Commissioners. 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, but a smaller number may adjourn #rom time to time until a quorum is
obtained. VUhen a guorum is in attendance, action may be taken by the Authority upon a
vote of a majority ofi #he Commissioners present.
Section 4. Order of Business. The order of business of regufar'meetings of the
Authority shall ~be as outlined in City of Encinitas Council Policy C003.
All resolutions shall be in writing and shall be entered in a journal of the
. proceedings of the Aufhority. Section 5. Manner of Voting. The voting on all questions coming before the
Authority shall be by roll call, and the ayes and nays shall be entered in the minutes of
such meeting.
ARTICLE V - AMENDMENTS
Amendments to Bylaws. The Bylaws of the Authority shall be amended only with
#he 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 previousty given to all of the members of the Authority.
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Dated: Aprii 22, 2009 HOUSING AUTHORITY OF THE
CITY OF ENCINTAS
By:
Maggie Houlihan
Chairperson
ATTEST:
By:
P.E. Cotton
Secretary
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