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Home My WebLink AboutNS-1358'HRS:EJC:adg 4/7/77 ORDINANCE NO. NS~358 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING THE SANTA ANA MUNICIPAL CODE BY ADDING SECTIONS 6-626 THROUGH 6-632 CREATING A HOUSING COMMISSION PURSUANT TO HEALTH AND SAFETY CODE SECTION 34291. WHEREAS, the City Council heretofore adopted Resolu- tion 71-64 declaring that there is a need for a Housing Authority and found and now further finds that there exists in the City unsanitary and unsafe inhabited dwelling accommodations and a shortage of space and sanitary dwelling accommodations available to persons of low income at rentals they can afford; and WHEREAS, the City Council pursuant to California Health and Safety Code Section 34290 declared itself by Resolu- tion 71-64 to be the Commissioners of the Housing Authority; and WHEREAS, Health and Safety Code Section 34290 has been amended to provide that if the governing body of the City has declared itself to be the commissioners of the authority, the governing body shall also appoint two tenants of the authority as commissioners if the authority has tenants or within one year after the authority first does have tenants, or as an alternative to appointment of tenants as commissioners of the authority, if a housing commission is created as provided in Health and Safety Code Section 34291, the governing body may make tenant appointments to the commission rather than to the authority; and WHEREAS, the City Council hereby desires to create a housing commission pursuant to Health and Safety Code Section 34291, and the number of members thereof, their terms of office, their qualifications, and the method of their appointment and removal shall be as provided by this Ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 6-626, which said section reads as follows: Section 6-626: Need for commission declared; commission authorized to function in the City. It is hereby found and declared, pursuant to Section 34242 of the California Health and Safety Code that there is a need for a Housing Commission in the City of Santa Ana, and the same is hereby created pursuant to section 34291 of said Code to function in the City of Santa Ana, and said commission is hereby authorized to transact business, and exercise its powers as hereinbelow specified. Section 2: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 6-627, which said section reads as follows: ORDINANCE NO. NS-1358 PAGE TWO Section 6-627: Council designated Housing Authority; rights, powers, duties, etc. of the Housing Advisory Commission. The Council of the City of Santa Ana hereby declares itself to be the Housing Authority pursuant to Section 34290 of the California Health and Safety Code, and all rights, powers, duties privileges and immunities vested by the Housing Authori- ties Law in such authority shall be and are vested in said body. The purpose of the Housing Commission is to advise the Housing Authority on all public housing programs in Santa Ana and on &l matters assigned from time to time by the Housing Authority ("Authority"). Section 3: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 6-628, which said section reads as follows: Section 6-628: Establishment The Housing Commission is hereby created consisting of seven (7) members, and the City Council shall also appoint two (2) tenants of the Authority as commissioners if the Authority has tenants. Seven (7) of said members, as deter- mined by the City Council, shall be appointed from among the members of the Human Relations Commission. Section 4: That the Santa Aha Municipal Code is hereby amended by adding a section, to be numbered 6-629, which said section reads as follows: Section 6-629: Appointment, Removal of Members; Filli~{g of Vacancies. The members of the Housing Commission shall be appointed, and may be removed, by the City Council, subject to both appoint- ment and removal by the affirmative votes of the majority of the members of the City Council. Vacancies from whatever cause aris- ing shall be filled in the same manner. Upon a vacancy occurring, leaving an unexpired portion of a term, any appointment to fill such a vacancy shall be for the unexpired portion of such term. If a member of the Housing Commission absents himself from three (3) consecutive meetings of such commission, unless by permission of the commission expressed in its official minutes, or is convict- ed of a crime involving moral turpitude, his office shall become vacant and shall be so declared by the Santa Ana City Council. Section 5: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 6-630, which said section reads as follows: Section 6-630: Term of Members. The members of the Housing Co~ission, except for the tenant commissioners, shall serve for a term of four (4) years, and until their respective successors are appointed and qualified, but in no event shall any person be eligible for reappointment who has served two (2) consecutive terms of four (4) years each. The members first appointed to said Housing Commission shall so classify themselves by lot that the term of one of their number shall expire each succeeding July 1. Where the total number of the members of the Housing Commission to be appointed exceeds four (4), the classification by lot shall provide for the pairing of terms to such an extent as is necessary in order that the terms of at least one and not more than two (2) shall expire in each succeeding year. Thereafter, any appointment to fill an unexpired term shall be for such an unexpired period. ORDINANCE NO. NS-1358 PAGE THREE Section 6: That the Santa Aha Municipal Code is hereby amended by adding a section, to be numbered 6-631, which said section reads as follows: Section 6-631: Prohibited Interest of Commissioner. No member of the Housing Conunission shall acquire any direct or indirect interest in any housing project or any prop- erty included or planned to be included in any project, nor shall (s)he have any direct or indirect interest in any contract or proposed contract for materials or services to be furnished or used in connection with any housing project. If (s)he owns or controls a direct or indirect interest in any such property, (s)he shall immediately make a written disclosure of it to the Authority and such disclosure shall be entered upon its minutes. Failure so to disclose his/her interest constitutes misconduct in office. Nothing contained in this section or any provision of the Housing Authorities Law shall be construed as precluding a tenant of the Authority from serving as a commissioner of that Authority, provided that the fact of such tenancy is disclosed to the Authority in writing and entered upon its minutes immedi- ately upon assuming office; nor shall any provisions of this section be construed as in any manner prohibiting the right of such tenant commissioner to exercise his full powers vested in his/her office. Section 7: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 6-632, which said section reads as follows: Section 6-632: Meetings: Furnishing Information Upon Request: Limitation. Commissioners shall provide by resolution for the time and place of holding their regular meetings. Special meetings may be called by the chairman or by two (2) commission- ers, and notice thereof shall be mailed to each commissioner at least forty-eight (48) hours before the meeting. The authority shall supply to the City Council, on request, such information relating to its activities as are public records. Leases and lists or rosters of tenants of the Authority shall be confidential and shall not be open to inspection by the public, but shall be supplied to the City Council on request, pursuant to this section. Pursuant to Section 34283 of the California Health and Safety Code leases and lists or rosters of tenants shall be confidential and shall be opened for inspection by any government agency. ADOPTED, this 26th day of April by the following vote: AYES, COUNCILMEN: Yamamoto, Garthe, Brandt, Ward NOES, COUNCILMEN: None ,1977, 0rtiz, Evans, ABSENT, COUNCILMEN: Bricken ATTEST: ORDINANCE NO. NS-1358 PAGE FOUR CLERK OF THE COUNCIL APPROVED AS TO FORM: KEITH L. GOW CITY ATTORNEY