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HomeMy WebLinkAboutHousing Authority Bylaws approved - Housing Authority Resolu ®�r_ c - Council/Agency Meeting Held: Deferred/Continued to: ? ALLo�dnditi n I A prov d ❑ Denied ° t CI 's Si ture Council Meeting Date: January 31, 2012 Department ID Number: ED12 06 CITY OF HUNTINGTON BEACH REQUEST FOR HOUSING AUTHORITY ACTION SUBMITTED TO: Honorable Housing Authority Chair and Board Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Bob Hall, Deputy City Manager SUBJECT: Approve Housing Authority Bylaws - Adopt Resolution No. 02 Statement of Issue: In response to the Governor's FY 2011 Budget proposal and the potential elimination of redevelopment, on March 7, 2011 the City Council approved a resolution establishing a Housing Authority to continue the City's affordable housing program. At this time a resolution establishing bylaws for the Housing Authority is recommended for adoption. Financial Impact: Not applicable. Recommended Action: Approve Resolution No. 02 "A Resolution of The City of Huntington Beach, California, Establishing Bylaws for the Housing Authority in Accordance with the California Housing Authorities Law" Alternative Action(s): Do not approve the resolution. REQUEST FOR HOUSING AUTHORITY ACTION MEETING DATE: 1/31/2012 DEPARTMENT ID NUMBER: ED12 02 Analysis: In response to the Governor's FY 2011 Budget proposal and the potential elimination of redevelopment, on March 7, 2011 the City Council approved a Resolution establishing a Housing Authority to continue the City's affordable housing program for the City's residents. Under Assembly BiIIX1 26 redevelopment agencies will be dissolved as of February 1, 2012. This Bill creates "Successor Housing Agencies" that become effective on February 1, 2012. On this date all housing assets, properties, contracts, and leases of the former redevelopment agency are transferred to Successor Agencies. On January 9, 2012, the City Council designated the Housing Authority as the Successor Housing Agency. On the same date the Housing Authority accepted all Redevelopment Agency assets related to housing. The Housing Authority allows the city to maintain local control over affordable housing programs and provide safe and sanitary housing opportunities within the city. In doing so, the city will continue to meet its State mandated Regional Housing Needs Allocation (RHNA) obligations. The attached resolution establishing bylaws for the Housing Authority is recommended for adoption. Its articles provide for the orderly and efficient operation of the organization and document how the governing body will make decisions regarding its management. The resolution would become effective upon adoption. Environmental Status: None. Strategic Plan Goal: Maintain financial viability and our reserves Attachment(s): • D6scnotion 1. Approve Resolution No. 02, "A Resolution of The City of Huntington Beach, California, Establishing Bylaws for the Housing Authority in Accordance with the California Housing Authorities Law" ATTACHMENT # 1 RESOLUTION NO. 02 A RESOLUTION OF THE HUNTINGTON BEACH HOUSING AUTHORITY ESTABLISHING BYLAWS IN ACCORDANCE WITH THE CALIFORNIA HOUSING AUTHORITY LAW WHEREAS, the City of Huntington Beach has established a public body corporate and politic known as the Huntington Beach Housing Authority ("Housing Authority) by Resolution No. 2011-18 providing authority to transact business and exercise its powers; and Pursuant to Section 34290 of the Housing Authorities Law the City Council declared the City Council shall be the commissioners of the Housing Authority; and Pursuant to the Huntington Beach Charter section 405 and California Health and Safety Code section 34311, the Housing Authority may by resolution adopt bylaws; and The Housing Authority wishes to create bylaws for the orderly and efficient operation of the organization, and document how the governing body will make decisions; and The Housing Authority desires to establish the authorized number of members, determining voting procedures and meeting quorums, appointing officers, setting up committees, defining conflicts of interests and detailing the process to amend the organization's bylaws in the future; and All other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE,the Huntington Beach Housing Authority does hereby resolve as follows: 1. The Housing Authority hereby finds and determines that the foregoing recitals are true and correct. 2. The Bylaws of the Huntington Beach Housing Authority attached hereto as Exhibit A, and incorporated herein, are hereby adopted. 3. If any section, subsection, sentence, clause, phrase, or word of this resolution is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of the resolution. The City of Huntington Beach hereby declares that it would have passed this resolution and each section, subsection, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more section(s), subsection(s), sentence(s), clause(s), phrase(s), or word(s) be declared invalid. 12-3165/75150 1 Housing Authority Resolution No. 02 4 This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the Huntington Beach Housing Authority at a regular meeting thereof held on the 31 s t day of January , 20 12 t airman T" REV) D APPROVED: INIT ED AND APPROVED: APP OVED: Ex t e irector Deputy xecutive Director APPROVED AS TO FORM: r ` X � Authority 10ounsel I tnv i _d4-la 12-3165/75150 2 Exhibit"A"—Housing Authority Resolution No. 02 Ex'h. Ibim"t -- A Exhibit"A"—Housing Authority Resolution No. 02 Bylaws of the Huntington Beach Housing Authority Article I. The Housing Authority Section 1. Name of Housing Authority The name of the Housing Authority olf the City of Huntington Beach formed pursuant to the California Housing Authorities Law, Health and Safety Code Section 34200, et seq. ("Housing Law") shall be "Huntington l Beach Housing Authority" ("Housing Authority"). The Housing Authority was formed by the City of Huntington Beach City Council (City Council) Resolution No. 2011-18 on March 7, 2011. Section 2. Seal of Housing Authority The seal of the Housing Authority shall be in the form of a circle and bear the name of the Housing Authority and the year of its organization. Section 3. Office of Housing Authority The principal business office of the Housing Authority shall be at Huntington Beach City Hall, 2000 Main Street, in the City of Huntington Beach, California, or as the Housing Authority may from time to time designate. Article II. Officers and Personnel of Housing Authority Section 1. Housing Authority Board Members The Housing Authority shall be administered by a governing board consisting of seven commissioners who shall be the members of the City Council, in accordance with California Health and Safety Code Section 34290, and shall be referred to as "Board". The term of office as a commissioner shall terminate when such commissioner shall cease to be a member of the City Council; and the appointed or elected successor, as applicable thereto, to such member of the City Council shall become a commissioner. The Board shall be chaired by a Chairperson, which shall be the Mayor of the City of Huntington Beach and shall preside at all meetings of the Housing Authority. The Vice- Chairperson shall be the Vice Mayor of the City of Huntington Beach. Exhibit"A"—Housing Authority Resolution No. 02 The Board of the Housing Authority shall, when and as required by Health and Safety Code Sections 34286 and 34290, appoint two tenants to serve as additional commissioners. The term "tenant" shall have the meaning given to it in Health and Safety Code Section 34213.5. Tenant commissioners shall serve for terms of two years from the date of their appointments, and their successors shall be tenants. Successors of tenant commissioners shall be appointed for a term of two years and all vacancies shall be filled for the unexpired term. A tenant commissioner shall have all the powers, duties, privileges, and immunities of any other commissioner. If a tenant commissioner ceases to be a tenant of the Housing Authority, he shall be disqualified as commissioner and another tenant shall be appointed to fill the unexpired term. Section 2. Officers The officers of the Housing Authority shall be the Chairperson, Vice-Chairperson, Executive Officer, Treasurer and Secretary. Section 3. Executive Officer The City Manager of the City of Huntington Beach shall be the Executive Officer of the Housing Authority. The Executive Officer shall report to the commissioners of the Authority and be subject to the policies and directions of the commissioners, shall exercise control over the administration of the Housing Authority and the execution of Housing Authority policies. The Executive Officer shall sign, on behalf of the Housing Authority, all contracts and other documents approved by the commissioners unless federal or state regulations require otherwise; appoint, remove, discipline and supervise the Housing Authority's personnel; supply the commissioners with such information and recommendations as necessary or as may be requested by the commissioners; authorize and certify payrolls, requisitions, and other documents relating to the financial affairs of the Housing Authority; and perform such other duties as may from time to time be prescribed for the Executive Officer by the commissioners. The Executive Officer may delegate such administrative duties and authority as are consistent with these Bylaws and such other rules and regulations as may from time to time be approved the commissioners. Section 4. Treasurer The Director of Finance of the City of Huntington Beach will be the Treasurer. The Treasurer will have the care and custody of all funds of the Housing Authority and shall deposit the same in the name of the Authority in such bank or banks as the commissioners may select. The Treasurer may sign all orders and checks for the payment of money and shall pay out and disburse such monies under the direction of the Board. Except as otherwise authorized by resolution of the Board, all such orders and checks shall be signed using the same process as used by the City of Huntington Exhibit"A"—Housing Authority Resolution No.02 Beach and consistent with the City's adopted policies and procedures, as they may be amended from time to time. The Treasurer shall keep regular books of accounts showing receipts and expenditures and shall render to the Board on an annual basis, or more often when requested by any commissioner, an account of transactions of the financial conditions of the Housing Authority. The Treasurer shall maintain all financial records of the Housing Authority. The Treasurer shall give such bond for the faithful performance of the Treasurer's duties as the Board may determine. Section 5. Clerk The City Clerk or his/her designee shall serve as the Clerk of the Housing Authority. The Clerk shall attend all meetings of the Housing Authority, maintain a full and thorough record of all proceeding of the Housing Authority, keep all official records of the Housing Authority, maintain custody of the seal of the Housing Authority and perform all other duties incident to the Office of Clerk. Section 6. Additional Duties The officers and personnel of the Housing Authority shall perform such other duties and functions as may from time to time be required by the Board or the Bylaws. Section 7. Additional Personnel The Housing Authority may from time to time employ such personnel as it deems necessary to exercise its powers, duties and functions as prescribed by Housing Law, as amended by California and all other laws of the State of California applicable hereto. The compensation of such personnel shall be determined by the Housing Authority subject to the laws of the State of California. Article III. Employees, Agents, Consultants Section 1. Appointment of Employees and Agents The Housing Authority may from time to time request from the City of Huntington Beach the services of such personnel, counsel or agents, permanent or temporary as may be necessary to carry out the business and affairs of the Housing Authority. The Housing Authority Board may in addition employ or contract with temporary professional and technical personnel on such terms and at such rates of compensation as the Housing Authority may determine, subject to all applicable laws, and provided that adequate sources of funds are identified for the payment of such temporary professional and technical services. City policies governing employment or contracting with professional and technical personnel shall apply to such employment or contracting by the Housing Authority. Exhibit"A"—Housing Authority Resolution No. 02 Section 2. Employee Rules and Regulations Pursuant to Section 34278 of the Health & Safety Code, the personnel system set forth in Chapter 2.72 of the Huntington Beach Municipal Code, as may be amended from time to time, shall serve as the personnel rules and regulations applying to all employees of the Housing Authority. Article IV. Authority to Band Housing Authority Section 1. Authority to Bind dousing Authority No member, officer, agent of employee of the Housing Authority, without prior specific or general authority by a vote of the Board, shall have any power or authority to bind the Housing Authority by any contract, to pledge its credit, or to render it liable for any purpose in any amount; provided however, the Housing Authority may authorize the Executive Director to enter into a contract or contracts to the same extent as the City Manager is authorized in and consistent with the City policies. Article V. Meetings Section 1. Place for Meetings Meetings of the Board shall be held at the City Council Chambers, unless another place is stated in the notice of the meeting. Section 2. Annual Meeting An annual meeting will be set for the first Monday in October. The meeting will coincide with the first City Council meeting of the fiscal year. Section 3. Special Meetings A special meeting of the Board may be called by the Chairperson, , or by two commissioners by delivering written notice to each commissioner at least 48 hours before the time of such meeting as specified in the notice. Said notice shall specify the time and place of said meeting and the business to be transacted. No other business shall be considered at such meetings. Notices of special meetings shall also be given to each newspaper, radio or television station in the City of Huntington Beach requesting notice of special meetings in writing. Special meetings may be called as determined to be necessary and shall be noticed as provided for in the Ralph M. Brown Act, Government Code section 54950 eq. seq. Section 4. Cancellation of Meetings Exhibit"A"—Housing Authority Resolution No. 02 Any meeting determined with reasonable discretion to be unnecessary may be cancelled by the commissioner(s) who called such meeting. Any cancellation shall be subject to and in accordance with the Ralph M. Brown Act (commencing with California Government Code Section 54950) as it may be amended from time to time. Section 5. Public Meetings; Notices All meetings of the Board shall be open and public, and all persons shall be permitted to attend any meeting of the Board, except as otherwise provided in the Ralph M. Brown Act and other applicable laws. The Authority shall comply with all public noticing required by the Ralph M. Brown Act and other applicable law. In addition, the Chairperson and the Executive Officer are authorized to set public hearings, without confirming vote of the commissioners; however, the Board retains authority to also set public hearings. Section 6. Quorum The powers of the Housing Authority shall be vested in the commissioners in office. The majority of the commissioners empowered to vote shall constitute a quorum for the purpose of conducting the business and exercising the powers of the Housing Authority, and for all other purposes. Section 7. Conduct of Meetings Notwithstanding any other provision in these Bylaws, all regular and special meetings of the Board shall be held in compliance with the requirements of the Housing Authorities Law, the Ralph M. Brown Act as set forth in Section 54950 et seq. of the California Government Code, and acceptable business meeting practices. The Board shall consider all appropriate business matters to come before the Board. In addition, the rules of parliamentary procedure set forth in Robert's Rules of Order shall govern all meetings of the Housing Authority, except as otherwise herein provided or as otherwise provided in the City Council policies. The rules and procedures established by the City Council for the conduct of its meetings shall be followed by the Housing Authority except as otherwise provided herein and except that any person may speak at the meeting if such informs the Housing Authority at any time before the meeting that he/she desires to speak. Section 8. Manner of Voting The voting on all matters coming before the Board shall be by the voting method used by the City Council, and the ayes and nays shall be entered upon the minutes of such meeting. Exhibit"A"—Housing Authority Resolution No.02 Section 9. Attendance at Meetings Commissioners shall attend all regular and special meetings of the Board unless there is good cause for the commissioner's absence. Commissioners may be removed from their position as provided for in Health and Safety Code Section 34282. Section 10. Conflict of Interest; Code of Conduct Commissioners and Housing Authority staff are honored with the public's trust, and shall conduct all Housing Authority business in an impartial, objective manner not tainted by financial conflicts of interest. Commissioners and Housing Authority staff shall abide by the disclosure and disqualification requirements of the Fair Political Practices Act and implementing regulations, the provisions of California Government Code 1090 and all other applicable rules regarding conflicts of interest. In addition, commissioners shall abide by all rules of conduct duly adopted by the Board. Commissioners and Housing Authority employees shall not acquire any direct or indirect interest in a housing project or in any property included or planned to be included in any project, nor shall he or she have any direct or indirect interest in a contract or proposed contract for materials or services to be furnished or used in connection with the housing project, in accordance with California Health and Safety Code Section 34281. If a commissioner or Housing Authority employee owns or controls a direct or indirect interest in any such property, he or she shall immediately make a written disclosure of it to the Housing Authority and the disclosure shall be entered into the minutes. This Section 10 shall not be construed as precluding a Tenant commissioner from serving, provided the fact of such tenancy is disclosed to the Housing Authority in writing and entered into the minutes immediately upon a Tenant commissioner assuming office. Section 11. Compensation Commissioners may receive their actual and necessary expenses, including travel expenses incurred in the discharge of their duties in accordance with State Law. Commissioners may not receive additional compensation, such as a meeting stipend. City employees who serve as staff or officials of the Housing Authority shall only receive their compensation for the City of Huntington Beach position and shall not receive additional compensation for their position with the Housing Authority. The Board may fix and determine the compensation of all Housing Authority employees, legal counsels, consultants, and agents not otherwise in service of a City of Huntington Beach position. Article Vl. Policy Concerning Discrimination Section 1. Discrimination Prohibited Exhibit"A"—Housing Authority Resolution No.02 It is hereby declared to be the policy of the Housing Authority that, in undertaking activities, actions or projects under the Housing Law of the State of California and amendments thereto, there shall be no discrimination because of race, color, religion, sex, sexual orientation, national origin or ancestry. Article Vll. Amendments Section 1. Amendments to Bylaws The Bylaws of the Housing Authority shall be amended only with the approval by a majority of the commissioners at a regular or special meeting, but no such amendment shall be considered unless at least five (5) days written notice thereof has been previously given to the Board. Article Vill. MISCELLANEOUS Section 1. Indemnification To the fullest extent permitted by law, the Board may authorize indemnification by the Housing Authority of any person who is or was a commissioner, officer, employee or other agent of the Housing Authority, and who was or is a party or is threatened to be made a party to a proceeding by reason of the fact that such person is or was such a commissioner, officer, employee or other agent of the Housing Authority, against expenses, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with such proceeding, if such person acted in good faith and in a manner such person reasonably believed to be in the best interests of the Housing Authority and, in the case of a criminal proceeding, had no reasonable cause to believe the conduct of such person was unlawful and, in the case of an action by or in the right of the Housing Authority, acted with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances. Res. No. 02 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF HUNTINGTON BEACH ) I, JOAN FLYNN, Housing Authority Clerk of the Huntington Beach Housing Authority DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the Huntington Beach Housing Authority at a special meeting of said Housing Authority held on January 31, 2012 and that it was so adopted by the following vote: AYES: Harper, Dwyer, Hansen, Carchio, Bohr, Boardman NOES: None ABSENT: Shaw ABSTAINS None Cler._ f the Huntington Bea- Housing Authority City of Huntington Beach, California