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Regular-General Government # 34.
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| Board of Supervisors |
County Counsel |
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| Subject |
| Receive a staff presentation and provide direction regarding the governance structure of the Housing Authority of the County of Yolo, including the potential reestablishment of a separate, appointed commission with full governance authority. (No general fund impact) (Pogledich/Welton) |
| Recommended Action |
- Receive a staff presentation regarding the governance structure of the Housing Authority of the County of Yolo ("Yolo County Housing"); and
- Provide direction regarding any changes to the governance structure, potentially including the reestablishment of a separate, appointed commission with full governance authority.
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| Strategic Plan Goal(s) |
| Operational Excellence |
| Reason for Recommended Action/Background |
The current governance framework for Yolo County Housing is reflected in two Board resolutions and Article 37 of Chapter 2 of the Yolo County Code. Taken together, these authorities create a two-tier governance structure for Yolo County Housing that consists of:
- A Housing Commission appointed by the Board of Supervisors. Membership includes three rotating City members (one from each city, with membership rotating between jurisdictions on a four year cycle) that also serve as members of the city councils. The Commission also includes two tenant members, as required by California law. The Housing Commission meets on a monthly basis (or thereabouts) and exercises most governance functions; and
- A Board of Governors that consists solely of the membership of the Board of Supervisors. The Board of Governors holds certain reserved powers not expressly delegated to the Housing Commission, as well as the authority to review any action taken by the Housing Commission.
This general arrangement is reflected in a July 14, 2011 resolution adopted by the Board of Governors included as Attachment A hereto (the "2011 Resolution").
Under the 2011 Resolution, the Board of Governors delegated virtually all powers to the Housing Commission. The only significant powers it reserved are to review Commission actions, mentioned above, and the following:
- The power to sue and be sued
- The power of eminent domain
- The power to purchase or issue bonds
- The power to hire or remove the Executive Director
The powers of the Housing Commission include all rights and responsibilities of the Board of Governors set forth in the existing (2010) employment agreement with the Executive Director, including authority to provide annual performance evaluations. This aspect of the 2011 Resolution may at times have been misunderstood, resulting in some duplication of effort by the Housing Commission and the Board of Governors.
Aside from occasional concerns about overlapping responsibilities and related issues, this governance approach seems to have worked well over the past several years. Outreach to city staff (and city attorneys) over the past two years regarding potential governance changes indicates that there is little interest in changing this approach, such as by reconstituting Yolo County Housing as a joint powers agency or even taking the modest step of delegating the reserved authority of the Board of Governors to the Housing Commission.
To the extent the Board would like to consider any changes to Yolo County Housing governance, the latter course of action - -delegating the Board of Governors' reserved authority to the Housing Commission -- is appropriate to consider. This could be accompanied by minor changes to the composition of the Commission, such as by including an additional city seat to ensure ongoing representation by all four cities (rather than the current rotational approach involving three seats). The County could also add another seat for a County appointee. This could conceivably include a member of the Board of Supervisors so long as the Board's delegation of reserved authority is full and complete, as the incompatible office doctrine may be implicated if the Board were to retain authority to review Commission actions. Importantly, any delegation of authority can be reversed at any time, as State law allows a board of supervisors to assume full control of a county housing authority in its sole discretion.
If the Board elects to pursue changes to Yolo County Housing governance, staff will return with a proposed ordinance on May 6, 2018, and target May 22, 2018 for adoption of the ordinance (and a resolution if needed). In the interim, staff will consult further with the city attorneys for Davis, Winters, West Sacramento and Woodland to address any issues or concerns with the proposed governance changes before returning to the Board. |
| Collaborations (including Board advisory groups and external partner agencies) |
| Yolo County Housing, County Administrator. City attorneys for Davis, Winters, West Sacramento and Woodland were also consulted regarding the governance issues described herein. |
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| Fiscal Impact |
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| Source of Funds for this Expenditure |
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