2009-01 Housing BylawsRESOLUTION 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 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. 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 - MEMBERSHIP
Section 1. Composition. The Board of Commissioners shall consist of seven members.
Five members shall be the City Council of the City of Encinitas and two members shall be
tenants of the Authority. One of the tenant commissioners shall be over 62 years of age.
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 two-year term
and can be reappointed.
Section 3. Tenant Member Termination. 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 to 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 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 1 st of a year when
membership terms expire or a vacancy occurs, the City Clerk shall prepare an appointment list
for City Council consideration. Three affirmative votes of members 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, Executive Director, Secretary, Treasurer, and General Counsel.
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 recommendations and information 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 the Authority shall select a new Chairperson.
Section 4. Executive Director. The Executive Director shall have general supervision
over the administration of Authority's 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 City Manager of the
City of Encinitas shall be the Executive Director of the Authority.
Section 5. Secretary. The Secretary shall be responsible for keeping 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 to be executed by the Authority. The City Clerk of the City of Encinitas shall
be the Secretary of the Authority.
Section 6. Treasurer. 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. Except as otherwise authorized by resolution of the
Authority, all orders, checks, and financial matters shall follow the policies, procedures, and
practices of the City of Encinitas. 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 Finance Director of the City of Encinitas shall be the Treasurer of the
Authority.
Section 7. General Counsel. The City Attorney shall be the General Counsel of the
Authority.
Section 8. Compensation. The compensation of the Board members and officers of
the Authority, if any, shall be determined by the Authority and authorized by resolution of the
Authority.
Section 9. 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 10. 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 11. 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 Executive
Director, Secretary, Treasurer, or General Counsel becomes vacant, the Authority shall appoint a
successor, as aforesaid.
Section 12. 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 shall be determined by the Authority
subject to the laws of the State of California and authorized by resolution of the Authority.
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 of the Authority, call a special
meeting 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 business or home address of each member of the
Authority at least 72 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. 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 electronic, 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 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. The order of business of regular meetings of the Authority
shall be as outlined in City of Encinitas Council Policy 0003 and C019.
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 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 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.
PASSED AND ADOPTED this 19th day of August, 2009, by the following vote, to wit:
AYES: Barth, Chavez, Dalager, Houlihan, Mohler, Stocks.
NAYS: None.
ABSTAIN: None.
ABSENT: Bond.
Dated: August 19, 2009
ATTEST:
Deborah Cervone, Secretary
HOUSING AUTHORITY OF THE
CITY OF ENCINIT
B G
Maggie oulihan, Chairperson