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HomeMy WebLinkAboutCity Council - 2011-18 RESOLUTION NO. 2011-18 A RESOLUTION OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A HOUSING AUTHORITY IN ACCORDANCE WITH THE CALIFORNIA HOUSING AUTHORITIES LAW AND MAKING CERTAIN DETERMINATIONS AND FINDINGS RELATED THERETO WHEREAS, California's Housing Authorities Law (Health and Safety Code Sections 34200, et seq.) provides that in each city there is a public body corporate and politic known as the housing authority, 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 Pursuant to Section 34242 of the Housing Authorities Law, the City Council of the City of Huntington Beach may adopt a resolution declaring there is a need for a housing authority if it finds either of the following: (a) that unsanitary or unsafe inhabited dwelling accommodations exist in the City, or (b) 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. Section 34243 of the Housing Authorities Law provides that, in determining whether dwelling accommodations are unsafe or unsanitary, the City Council may take into consideration the following factors: (a) the degree of overcrowding, (b) the percentage of land coverage, (c) the light, air, space, and access available to the inhabitants of such dwelling accommodations, (d) the size and arrangement of the rooms, (e) the sanitary facilities, and (f) the extent to which conditions exist, in such buildings which endanger life or property by fire or other causes. Section 34290 of the Housing Authorities Law provides that the City Council may declare by Resolution that the City Council shall be the commissioners of the housing authority. Section 34277 of the Housing Authorities Law provides that the Mayor of the City of Huntington Beach shall designate the first chairperson of the housing authority from among the housing authority commissioners, and thereafter the housing authority shall select his/her successor among its commissioners. All other legal prerequisites to the adoption of this Resolution have occurred. 10-2396.001/Housing reso Resolution No. 2011-18 NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. The City Council has received and heard all oral and written objections to the proposed establishment of a housing authority, and to other matters pertaining to this action, and all such oral and written objections are hereby overruled. 2. The City Council hereby finds and determines that the foregoing recitals are true and correct. 3. Based on the evidence in the record, the City Council hereby finds and determines that unsanitary and/or unsafe inhabited dwelling accommodations exist in the City of Huntington Beach. 4. Based on the evidence in the record, the City Council hereby finds and determines that there is a shortage of safe or sanitary dwelling accommodations in the City of Huntington Beach available to persons of low income at rentals they can afford. 5. Based on the evidence in the record, the City Council hereby finds and determines that there is a need for a housing authority to function in the City of Huntington Beach. 6. The housing authority established by this Resolution shall be known as the "Huntington Beach Housing Authority." 7. The City of Huntington Beach Housing Authority (the "Housing Authority") is hereby vested with all the rights, powers, duties, privileges and immunities established by the Housing Authorities Law. 8. Pursuant to California Health and Safety Code Section 34290, the City Council does hereby declare that it shall serve as the commissioners of the Housing Authority and shall have all the rights,powers, duties, privileges and immunities vested by the Housing Authorities Law. 9. The Mayor of the City of Huntington Beach shall serve as the chairperson of the Housing Authority until such time as a successor chairperson is appointed by the commissioners of the Housing Authority pursuant to Section 34277 of the Housing Authorities Law. 10. The term of office and succession of each commissioner of the Housing Authority shall be concurrent with and identical to the term and succession of such City Council member's seat. 11. 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, California, 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. 10-2396.001/Housing reso Resolution No. 2011-18 12. This resolution shall become effective immediately upon adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of March , 2011. 0 — 1(2� r REVIE ND APPROVED: INITIATED D PPROVED: CitytaKVer Director of Econom' Development 4iROVED AS TO FORM: Attorney Y l 10-2396.001Mousing reso Res. No. 2011-18 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on March 07, 2011 by the following vote: AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, Boardman NOES: None ABSENT: None ABSTAIN: None Clerk and ex-offic4ulerk of the City Council of the City of Huntington Beach, California