Mendocino County Municipal Code Ch. 11.04 Community Development Commission

* Editor's Note: Ord. No. 4030, adopted 1999, amended Sections 11.04.020, 11.04.030 and 11.04.040; repealed Section 11.04.050, 11.04.065 and 11.04.070; and renumbered Section 11.04.080 to be Section 11.04.060, Section 11.04.090 to be Section 11.04.070, Section 11.04.100 to be Section 11.04.080, Section 11.04.110 to be Section 11.04.090 and Section 11.04.120 to be Section 11.04.100.

The Board of Supervisors hereby declares there is a need for a Community Development Commission to function in the County of Mendocino. A Community Development Commission is established, which shall be known as the Community Development Commission of Mendocino County.

(Ord. No. 4030, Sec. 1, adopted 1999).)

The authority for the Board of Supervisors to adopt this Chapter is set forth in Section 34115, et seq., of the California Health and Safety Code.

(Ord. No. 1558, adopted 1975; Ord. No. 4030, Sec. 2, adopted 1999.)

This Chapter shall be construed in light of the history of Mendocino County laws and regulations concerning housing, said history being as follows:

(A) Housing Authority. In 1946, the Housing Authority of the County of Mendocino was organized and exercised its powers and transacted business pursuant to resolution of the Board of Supervisors of the County of Mendocino. In April 1971, by Resolution 17-181, the Board of Supervisors dissolved said authority upon finding that it had failed both to transact any business and to exercise any of its powers for at least two (2) preceding years.

(B) Housing Authority, Reactivated. On April 6, 1971, by Resolution 71-182, the Board of Supervisors reaffirmed and declared the continuing need for a Housing Authority to function Mendocino County for the purpose of administering funds granted under the 1965 Housing and Urban Development Act.

(Ord. No. 1558, adopted 1975; Ord. No. 4030, Sec. 3, adopted 1999.)

Upon the appointment and qualifying of a majority of the authorized membership of the Community Development Commission, said Commission shall, pursuant to Section 34130(c) of the California Health and Safety Code, be vested with all of the powers, duties, and responsibilities of the Commissioners of the Housing Authority of Mendocino County, and the Commissioners of said Housing Authority shall have no powers, duties, or responsibilities for such time and only for such time as the Community Development Commission is operative under the provisions of this chapter.

(Ord. No. 1558, adopted 1975, as amended by Ord. No. 1608, adopted 1975; Ord. No. 4030, Sec. 5, adopted 1999.)

The Community Development Commission shall consist of five (5) resident electors of the community and two (2) Tenant Commissioners. Each member shall be appointed by the Chairman of the Board of Supervisors, subject to the approval of a majority of the Board of Supervisors. One (1) resident elector member shall be appointed from each supervisorial district. Resident electors from Supervisorial Districts 2 and 4 shall serve for a two (2) year term expiring on June 30 of odd-numbered years. Resident electors from Supervisorial Districts 1, 3 and 5 shall serve for a two (2) year term expiring on June 30 of even-numbered years. The Community Development Commission shall also consist of two (2) additional Commissioners who shall be tenants of the Housing Authority if the Housing Authority has tenants. One (1) Tenant Commissioner shall be over the age of sixty-two (62) years if the Housing Authority has tenants of such age. The term of the Tenant Commissioners shall be two years. Insofar as possible, one (1) Tenant Commissioner shall be appointed from the general coastal area and one (1) from the general inland area. If a Tenant Commissioner ceases to be a tenant of the Housing Authority, that Commissioner shall be automatically disqualified from serving as a Tenant Commissioner, and another tenant of the Housing Authority shall be appointed to serve the remainder of the unexpired term. A Tenant Commissioner shall have all the powers, duties, privileges and immunities of any other Commissioner.

If any Commissioner leaves office before the expiration of the full two (2) year period due to loss of eligibility, resignation, or removal by the Board of Supervisors, a replacement Commissioner shall be appointed by the Board of Supervisors for the remainder of the uncompleted term. Commissioners may be removed from office by the Board of Supervisors for inefficiency, neglect of duty, or misconduct in office pursuant to the process set forth in Health and Safety Code § 34282.

(Ord. No. 1951, adopted 1977; Ord. No. 3567, adopted 1985; Ord. No. 3568, Sec. 1, adopted 1985; Ord. No. 3648, Sec. 1, adopted 1987; Ord. No. 4030, Sec. 8, adopted 1999; Ord. 4130, adopted 2004.)

The Community Development commission may select, appoint, and employ such permanent and temporary officers, agents, counsel, and employees as it requires, and determine their qualifications, duties, benefits, and compensation, subject only to the conditions and restrictions imposed by the Board of Supervisors on the expenditure or encumbrance of the budgetary funds appropriated to the Commission. The Commission shall adopt personnel rules and regulations applicable to all its employees. Such rules shall contain procedures affecting conflicts of interest, use of funds, personnel procedures on hiring and firing, including removal of personnel for inefficiency, neglect of duties, or misconduct in office. Such rules and regulations shall be a public record.

(Ord. No. 1558, adopted 1975; Ord. No. 4030, Sec. 9, 1999.)

The Community Development Commission may contract with the California Department of Housing and Community development and the United States Department of Housing and Urban Development, or any other agency or entity, for the furnishing by the department, agency, or entity of any necessary staff services associated with or required and which could be performed by the staff of the Commission. In addition to all other powers and authorities of the Community Development Commission, the Commission may hire, employ, or contract for staff contracts and consultants.

(Ord. No. 1558, adopted 1975; Ord. No. 1608, adopted 1975; Ord. No. 4030, Sec. 10, adopted 1999.)

(Repealed by 3648, Sec. 2, adopted 1987.)

The nature, powers, authority, functions and jurisdiction of the Community Development Commission of Mendocino County shall include all of the nature, power, authority, functions and jurisdiction of the Housing Authority of the County of Mendocino.

(Ord. No. 1558, adopted 1975; Ord. No. 1608, adopted 1975; Ord. No. 3567, adopted 1985; Ord. No. 3568, adopted 1985; Ord. No. 3658, Sec. 3, adopted 1987; Ord. No. 4030, Sec. 11, adopted 1999.)

Any grant or loans of money appropriated by the Board of Supervisors to the Community Development Commission are not to be construed as making the Commission a department of the County of Mendocino or placing the officers, agents, counsel, or employees under the Civil Service System of the County. The Commission may accept financial assistance from public or private sources.

(Ord. No. 1558, adopted 1975; Ord. No. 4030, Sec. 12, adopted 1999.)