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HomeMy WebLinkAbout07 TUSTIN HOUSING AUTHORITY BY-LAWSAgenda Item 7 Reviewed: AGENDA REPORT City Manager Finance Director N/A MEETING DATE: APRIL 19, 2011 TO: WILLIAM A. HUSTON, INTERIM CITY MANAGER FROM: REDEVELOPMENT AGENCY SUBJECT: TUSTIN HOUSING AUTHORITY BY-LAWS SUMMARY The Commissioners of the Tustin Housing Authority consider adopting By-Laws for the recently established Tustin Housing Authority. RECOMMENDATION It is recommended that the Tustin Housing Authority Commissioners approve Resolution No. HA 11-01 adopting By-Laws for the Tustin Housing Authority. FISCAL IMPACT There is no fiscal impact associated with this Agenda Item. BACKGROUND On March 15, 2011, the City Council approved Resolution No. 11-20 establishing a Tustin Housing Authority in accordance with the California Housing Authorities Law. Section 10 of the Resolution stated that the Commissioners of the Authority at a future date shall adopt By-Laws. Staff is bringing forward By-Laws to be considered for adoption. The attached Resolution No. HA 11-01 includes the proposed By-Laws which address the operations and functions of the Housing Authority. In summary, no new compensation or meeting schedules would be created under the proposed Housing Authority By-laws. ~~ i" . ~" Christine Shingleton / Assistant City Manager ' Attachment: Resolution No. HA 11-01 Tustin Housing Authority By-Laws RESOLUTION NO. HA 11-01 A RESOLUTION OF THE TUSTIN HOUSING AUTHORITY ADOPTING BY-LAWS IN ACCORDANCE WITH SECTION 10 OF RESOLUTION 11-20 ADOPTED BY THE TUSTIN CITY COUNCIL ON MARCH 15, 2011. The Tustin Housing Authority of the City of Tustin does hereby resolve as follows: The Tustin Housing Authority finds and determines as follows: A. The California Housing Authorities Law (Health and Safety Code Sections 34200, et seq.) provides that there is a public body known as a housing authority in every city, but that the authority shall not transact any business or exercise its powers unless, by resolution, the governing body of the city declares there is a need for an authority to function in it; and B. The City Council of the City of Tustin adopted resolution 11-20 establishing the Tustin Housing Authority by declaring that there is a need for a housing authority by making the following findings: 1. That unsanitary and unsafe inhabited dwelling accommodations exist in the city; or 2. That there is a shortage of safe or sanitary dwelling accommodations in the city available to persons of low income at rentals they can afford. C. Resolution 11-20 states that the Commissioners of the Authority at a future date shall adopt by-laws for the operation and function of the Authority. II. The Tustin Housing Authority does hereby resolve to adopt the By-Laws as shown and attached hereto and incorporated herein by reference as Exhibit A governing the operations and functions of the Tustin Housing Authority. PASSED, APPROVED AND ADOPTED at a regular meeting of the Tustin Housing Authority on the 19th day of April, 2011. JERRY AMANTE Chairman Resolution No. HA 11-01 Page 1 of 2 ATTEST: PATRICIA ESTRELLA Secretary STATE OF CALIFORNIA ORANGE COUNTY CITY OF TUSTIN I, Patricia A. Estrella, City Clerk Services Supervisor of the City of Tustin and ex-officio Secretary of the Tustin Housing Authority, Tustin, California, do hereby certify that the whole number of the Commissioners of the Tustin Housing Authority is five; that the above and forgoing Resolution No. HA 11-01 was duly passed and adopted at a regular meeting of the Tustin Housing Authority held on April 19, 2011, by the following vote: COMMISSIONERS AYES: COMMISSIONERS NOES: COMMISSIONERS ABSTAINED: COMMISSIONERS ABSENT: PATRICIA ESTRELLA CITY CLERK SERVICES SUPERVISOR Resolution No. HA 11-01 Page 2 of 2 Exhibit A BY-LAWS FOR TUSTIN HOUSING AUTHORITY ADOPTED APRIL 19, 2011 TABLE OF CONTENTS Article I SECTION 100. THE AUTHORITY .................................................................................... 1 Section 101. Name Of The Authority .................................................................... 1 Section 102. Housing Authority Members ............................................................. 1 Section 103. Housing Authority Seal ..................................................................... 1 Section 104. Business Offices Of The Housing Authority ...................................... 1 Article II SECTION 200. O FFICERS OF THE HOUSING AUTHORITY .............................................. 1 Section 201. Designation Of Officers ..................................................................... 1 Section 202. Terms Of Officers .............................................................................. 2 Section 203. Duties Of Officers .............................................................................. 2 Section 204. Legal Counsel ..................................................................................... 3 Section 205. Compensation .................................................................................. 3 Article III SECTION 300. EMPLOYEES, AGENTS AND CONSULTANTS ........................................... 4 Section 301. Administration ................................................................................... 4 Section 302. Budget ............................................................................................... 4 Article IV SECTION 400. G ENERAL ............................................................................................... 5 Section 401. Authority to Bund Housing Authority, Contracts, Payments............ 5 Section 402. Contracts, Deeds and Other Documents .......................................... 5 Section 403. Payment of Money, Notes of Other Indebtedness ........................... 5 Article V SECTION 500. MEETINGS ............................................................................................ 6 Section 501. Annual Meeting ................................................................................. 6 Section 502. Regular Meetings .............................................................................. 6 Section 503. Special Meetings ............................................................................... 6 Section 504. Closed Sessions ................................................................................. 7 Section 505. Public Hearings .................................................................................. 7 Section 506. Adjourning and Continuing Meeting and Public Hearings to Other Times or Places .................................................................................. 7 Section 507. Meeting to be Open to Public ........................................................... 8 Section 508. Quorum, Action Taken, Abstentions ................................................. 8 Section 509. Order of Business .............................................................................. 8 Section 510. Manner of Voting .............................................................................. 8 Section 511. Debate, Decorum, Motions ............................................................... 9 Article VI SECTION 600. AMENDMENT OF BY-LAWS .................................................................. 9 Tustin Housing Authority By-Laws Adopted April 19, 2011 TUSTIN HOUSING AUTHORITY BY-LAWS ARTICLE I SECTION 100. THE AUTHORITY Section 101: Name of the Authority. The name of the Authority shall be the "Tustin Housing Authority". Section 102: Housine Authority Commissioners. The Commissioners of the Housing Authority shall be Members of the City Council as that body is constituted and shall remain Housing Authority Commissioners only so long as said Commissioners remain on the Council, and new members of the City Council shall automatically become Commissioners of the Housing Authority. Section 103: Housine Authority Seal. The seal of the Housing Authority shall be in the form of a circle and shall bear the name of the Housing Authority and the year of its organization. Section 104: Business Offices of the Housine Authority. The business offices of the Housing Authority shall be in the Tustin City Hall, 300 Centennial Way, Tustin, California, 92780-3715, unless and until changed by resolution or motion adopted by the Housing Authority Commissioners. ARTICLE II SECTION 200. OFFICERS OF THE HOUSING AUTHORITY Section 201: Desienation of Officers. The officers of the Housing Authority shall be the Chairman, Vice-Chairman, Secretary, Executive Director, Assistant Executive Director, Treasurer, and Legal Counsel. The Mayor of the City shall be the Chairman, and the Mayor Pro Tem shall be the Vice-Chairman of the Housing Authority. The City Clerk Services Supervisor shall be the Secretary and the City Finance Director shall be the Treasurer of the Housing Authority. Tustin Housing Authority By-Laws Adopted April 19, 2011 Page 1 of 9 The City Manager shall be the Executive Director and the Assistant City Manager shall be the Assistant Executive Director. The City Attorney shall be the Housing Authority's Legal Counsel. The Housing Authority Commissioners may appoint such other officers (permanent, acting or temporary) as may be appropriate. The Housing Authority Commissioners may fix and determine the qualifications, duties and compensations of Housing Authority officers. Section 202: Terms of Officers The Housing Authority officers shall hold such offices as long as they hold the appropriate City office. Section 203: Duties of Officers The Chairman shall preside at the Housing Authority meetings and perform such other duties as are appropriate. The Vice-Chairman, in the absence or incapacity of the Chairman, shall perform the duties of the Chairman. Should the office of the Chairman become vacant, the Vice- Chairman shall perform the duties of the Chairman until the Housing Authority Commissioners choose a new Chairman. The Secretary shall attend the meetings of the Housing Authority and shall keep and maintain all records of the Housing Authority and minutes of the Housing Authority meetings. The Secretary shall also keep in safe custody, the seal of the Housing Authority. The Secretary shall be authorized to affix the seal, when appropriate, to all documents and instruments to be executed for the Housing Authority by vote of the Commissioners. The Secretary shall also perform all other duties incident to the office of the Secretary. In the absence of the Secretary, the City Clerk Services Specialist shall serve as the Acting Secretary. The Executive Director of the Housing Authority shall be the City Manager for the City of Tustin and shall serve for an indefinite term concurrent with service to the City of Tustin as City Manager. The Executive Director shall have general supervision over the administration of Housing Authority business affairs and personnel, subject to the direction of the Housing Authority. Tustin Housing Authority By-Laws Adopted April 19, 2011 Page 2 of 9 The Assistant Executive Director of the Housing Authority shall be the Assistant City Manager for the City of Tustin, or other staff member of the City who shall be appointed by the Executive Director, and shall have the authority and responsibilities of the Executive Director during their absence or incapacity, or as delegated by the Housing Authority Commissoners. The Treasurer shall be the City's Finance Director who shall supervise the fiscal affairs of the Housing Authority and shall also supervise the care and custody of all monies of the Housing Authority. The Treasurer shall cause adequate, correct and regular accounts of the properties, monies and transactions of the Housing Authority to be kept and maintained. The Treasurer shall sign all orders and checks for the payment of money and shall pay out and disburse such monies under the direction of the Housing Authority. The required second signature on Housing Authority checks shall be the same secondary signatory designated by the Tustin City Council. The Treasurer shall keep regular books of accounts showing receipts and expenditures. The Treasurer shall render to the Housing Authority or to the Commissioners of the Housing Authority, whenever requested, but at least annually, a Treasurer's report of the Housing Authority's transactions and financial condition. The Treasurer shall submit to the Commissioners of the Housing Authority, significant information and recommendations concerning the fiscal affairs of the Housing Authority. The Treasurer shall give such bond for the faithful performance of duties as the Housing Authority may determine. The Treasurer shall also perform all other duties incidental to the office of the Treasurer. Section 204: Leeal Counsel The legal counsel of the Housing Authority shall be the City Attorney of the City of Tustin and shall serve for an indefinite term concurrent with service to the City of Tustin as City Attorney. The Legal Counsel shall act as the legal advisor to the Housing Authority Commissioners, officers, employees, agents and consultants in all legal matters pertaining to the functions of the Housing Authority. The Commissioners of the Housing Authority may appoint or authorize additional legal counsel from time to time. Section 205: Compensation of Officers Commissioners shall receive no other compensation for their duties as Commissioners, other than actual and necessary expenses, including traveling expenses Tustin Housing Authority By-Laws Adopted April 19, 2011 Page 3 of 9 incurred in the discharge of their duties, but only pursuant to expenses and travel adopted City policies. Other officers shall receive no compensation as Housing Authority officers, other than compensation received for their City employment. ARTICLE III SECTION 300. EMPLOYEES, AGENTS AND CONSULTANTS Section 301: Administration The City Manager shall be the Executive Director of the Housing Authority pursuant to Section 203, Article 200 of these By-Laws. The Executive Director is charged with the administration, management, and general supervision of the business and affairs of the Housing Authority. Services to be rendered to the Housing Authority are to be supplied by City employees or consultants The Commissioners of the Housing Authority may from time to time establish such positions and select and appoint such agents and consultants, permanent and temporary, as it may require and determine their qualifications, duties, and compensation. The Executive Director is authorized to appoint other employees in positions established by the Housing Authority, subject to budget authorization from the Housing Authority Commissoners. Services for any outside consultants shall be considered either in conjunction with budget authorizations or individually approved by a majority of the Commissioners of the Housing Authority at a regular or special meeting. Section 302: Budeet Any budget for the Tustin Housing Authority shall be prepared by the Executive Director, or designee, and reviewed and approved by the Commissioners of the Housing Authority on an annual basis in conjunction with the Tustin City Council's review and approval of the Tustin City Budget. Any budget or appropriation requests during the year may be reviewed and approved by the Commissioners incrementally at a regular or special meetings. Tustin Housing Authority By-Laws Adopted April 19, 2011 Page 4 of 9 ARTICLE IV SECTION 400. GENERAL Section 401: Authoritv to Bind Housine Authoritv. Contracts. Payments No member, officer, agent, or employee of the Housing Authority, without prior authority by at least three (3) Commissioners of the Housing Authority, shall have any power or authority to bind the Housing Authority by any contract, to pledge its credits or to render it liable for any purpose in any amount. Notwithstanding the preceding paragraph, the Commissioners of the Housing Authority, may by agenda minute action or by a resolution adopted by at least three (3) of its Commissioners, delegate to specified staff members, the authority to bind the Housing Authority to Consultant Services Agreements, deeds, contracts, and other documents including but not limited to Housing Assistance Payment contracts with landlords, and to impose monetary and other limitations in said delegation. Section 402: Contracts, Deeds and Other Documents The Chairman, or a designee as approved by the Housing Authority Commissioners, shall execute on behalf of the Housing Authority all contracts, deeds and other documents and instruments as authorized by the Housing Authority Commissioners unless otherwise delegated pursuant to Section 401. Section 403: 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 Housing Authority shall be signed or endorsed by the Treasurer with a secondary signature required. The required second signature on Housing Authority checks shall be the same secondary signatory designated by the Tustin City Council on all City checks. Tustin Housing Authority By-Laws Adopted April 19, 2011 Page 5 of 9 ARTICLE V SECTION 500. MEETINGS Section 501: Annual Meeting The annual meeting of the Housing Authority shall be held on the 1St Tuesday of December of each year at the regular time and in the regular meeting place of the Housing Authority. Said annual meeting may, from time-to-time, be changed by resolution of the Housing Authority. In the event such date shall fall on a legal holiday, the annual meeting shall be held on the next succeeding regular day. Section 502: Regular Meetines Regular meetings of the Tustin Housing Authority beginning April 19, 2011 shall be held on the same days as regular meetings of the Tustin City Council, without additional notice, in the Council Chambers of the City of Tustin (or any other place established by Commissioners of the Tustin Housing Authority) on the first and third Tuesday of the month, except any Tuesday which shall fall upon the day of, or upon the day immediately following the day of, any authorized City holiday or any day appointed by the President of the United States as a holiday, or such other days as regular meetings of the Tustin City Council shall be rescheduled. If there are no agenda items scheduled for such meeting, no Tustin Housing Authority regular meeting shall be convened. If by reason of fire, flood, or other emergency, it shall be unsafe to meet at the location designated by Resolution, the meeting may be held for the duration of the emergency at such place as is designed by the Chairman. Section 503: Special Meetines A special meeting may be called at any time by the Chairman by the Secretary delivering personally, by a-mail, or by mail, written notice to each member and to each person on entity entitled by law to receive such notices. Such notice must be delivered personally or by mail at least 24 hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meetings by the Housing Authority Commissioners. Such written notice may be dispensed with as to any member who, at or prior to the time the meeting convenes, files with the Secretary of the Housing Authority a written waiver of notice. Tustin Housing Authority By-Laws Adopted April 19, 2011 Page 6 of 9 Section 504: Closed Sessions Nothing contained in these By-Laws shall be construed to prevent the Housing Authority Commissioners from holding closed session during a regular or special meeting concerning any matter permitted by law to be considered in a closed session. Section 505: Public Hearines All public hearings held by the Housing Authority Commissioners shall be held during regular or special meetings of the Housing Authority Commissioners. Section 506: Adiournine and Continuine Meetings and Public Hearines to Other Times or Places The Housing Authority Commissioners may continue or adjourn any meeting to a time and place specified in the order of adjournment. Less than a quorum may so continue or adjourn from time-to-time. If all Commissioners are absent from any regular meeting or adjourned regular meeting, the Secretary or Acting Secretary of the Housing Authority may declare the meeting continued or adjourned to a stated time and place and shall cause a written notice of the continuance or adjournment to be given in the same manner as provided for special meetings. A copy of the order or notice of continuance or adjournment shall be conspicuously posted on or near the door of the place where the meeting was held within 24 hours after the time of the continuance or adjournment. When a regular, continued or adjourned regular meeting is continued or adjourned as provided in this Section, the resulting continued or adjourned regular meeting is a regular meeting for all purposes. When an order of continuance of adjournment of any meeting fails to state the hour at which the continued or adjourned meeting is to be held, it shall be held at the hour specified for regular meetings. Any hearing being held, or any hearing noticed or ordered to be held at any meeting, may by order or notice of continuance or adjournment be continued, recontinued, adjourned or readjourned to any subsequent meeting in the same manner and to the same extent set forth for the continuance or adjournment of meetings. If any meeting or hearing is continued or adjourned to a time less than 24 hours after the time specified in these By-Laws or in the order or notice of meeting or hearing, a copy of the order or notice of continuance or adjournment shall be posted immediately following the meeting at which the order or declaration of continuance or adjournment was adopted. Tustin Housing Authority By-Laws Adopted April 19, 2011 Page 7 of 9 Section 507: Meetines to be Open and Public All meetings, of a majority or more Housing Authority Commissioners, to take action or to deliberate concerning Housing Authority business and its conduct shall be open and public to the extent required by law. All persons shall be permitted to attend any such meetings except as otherwise permitted by law. Section 508: Quorum. Action Taken. Abstentions Three Commissioners shall constitute a quorum of the Housing Authority for the purpose of conducting its business and exercising its powers and for all other purposes. Action may be taken by the Housing Authority upon a vote of a majority of the Commissioners empowered to vote. Section 509: Order of Business An agenda for regular meeting, where agenda items are necessary, shall be prepared by the Executive Director or its designee and shall contain the specific items of business to be transacted and the order thereof. Additional items may be considered and acted on at other than special meetings. All Resolutions shall be placed on a written form and kept with the journal of the Housing Authority or with the minutes of the meeting at which the Resolution was adopted. At any meeting, the Housing Authority Commissioners, by a vote of a majority of the Commissioners, may change the order of business. Section 510: Manner of Votine The voting on resolutions, matters to any federal, state, county, or city agency and all such other matters as may be requested by a majority of the Housing Authority Commissioners shall be roll call vote or by use of the electric voting board or such other method as the Housing Authority shall from time-to-time determine by resolution. The minutes shall have entered therein the vote of the Housing Authority Commissioners present as well as a notation as to those Commissioners absent. Tustin Housing Authority By-Laws Adopted April 19, 2011 Page 8 of 9 Section 511: Debate, Decorum, Motions All matters concerning debate, decorum and motions may follow, where not otherwise provided for herein, the procedures followed by the City Council of Tustin for the conducting of their Council proceedings. ARTICLE VI SECTION 600. AMENDMENT OF THE BY-LAWS The By-Laws shall be amended only with the approval of at least a majority of the Commissioners of the Housing Authority at any Housing Authority meeting, but no amendment shall be adopted unless at least seven days written notice of the general nature thereof has been sent previously to all Commissioners of the Housing Authority. Tustin Housing Authority By-Laws Adopted April 19, 2011 Page 9 of 9