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HomeMy WebLinkAboutCC RES 11-20RESOLUTION NO. 11-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ESTABLISHING A HOUSING AUTHORITY IN ACCORDANCE WITH THE CALIFORNIA HOUSING AUTHORITIES LAW. WHEREAS, 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 WHEREAS, the governing body may adopt a resolution declaring there is a need for a housing authority if it finds either of the following: 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, and WHEREAS, in determining whether dwelling accommodations are unsafe or unsanitary the governing body may take into consideration the following factors: 1. The degree of overcrowding, 2. The percentage of land coverage, 3. The light, air, space, and access available to the inhabitants of such dwelling accommodations, 4. The size and arrangement of the rooms, 5. The sanitary facilities, and 6. The extent to which conditions exist in such buildings which endanger life or property by fire or other causes; and WHEREAS, the most recent update of the Housing Element of the. Tustin General Plan, which was approved June 9, 2009, and subsequently submitted to the California Department of Housing and Community Development, by the City Council of the City of Tustin ("City Council" or "City" as applicable) includes the following findings: 1. Approximately 13.2% of all City's households are estimated to be in the extremely-low income category, with 36.9% of renter-occupied households Resolution 11-20 Page 1 of 4 having an income less than $35,000, which is the very-low and extremely-low income categories; and 2. An estimated 26% of renter households overpay for housing (e.g., housing costs exceed 30% of their income), with an estimated 54% of all extremely-low income renter households, 45% of all very-low income renter households, and 34% of all low income households overpaying for housing; and 3. The average rent for a two or three bedroom unit with one to two bathrooms ($1,253 - $1,861) exceeds the affordable payment amount for the 60.7% of all renter households; and 4. An estimated 18% of all households in the City are overcrowded; and 5. An estimated 29% of renter households are overcrowded and 72% of these overcrowded renter-occupied units are occupied by extremely-low, very-low, and low income households; and 6. An estimated 33% of all extremely-low income renter households, 46% of all very-low income renter households, and 40% of all low income renter households live in overcrowded conditions; and 7. An estimated 57% of the City's housing stock is over 30 years and units over 30 years old typically begin to require major repairs; and WHEREAS, these significant rent overpayments, overcrowding conditions, and repair needs continue to exist in the City. NOW, THEREFORE, the City Council of the City of Tustin does hereby resolve as follows: SECTION 1. All of the above recitals are true and correct and are incorporated herein by reference. SECTION 2. That unsanitary and/or unsafe inhabited dwelling accommodations exist in the City of Tustin. SECTION 3. That there is a shortage of safe or sanitary dwelling accommodations in the City of Tustin available to persons of low income at rents they can afford. SECTION 4. That there is a need for a housing authority to function in the City of Tustin to provide safe and sanitary housing opportunities for Tustin residents. The housing authority established by this Resolution shall be known at the "Tustin Housing Authority." Resolution 11-20 Page 2 of 4 SECTION 5. That the Tustin Housing Authority (the "Authority") shall be vested all the rights, powers, duties, privileges and immunities established by the Housing Authorities Law. SECTION 6. Pursuant to California Health and Safety Code Section 34290, the City Council does hereby declare that its members shall serve as the commissioners of the Authority and shall have all the rights, powers, duties, privileges and immunities vested by the California Housing Authorities Law. SECTION 7. That the terms of office and succession of Authority commissioners shall be concurrent with and identical to the terms of each City Council member's seat. SECTION 8. Pursuant to Health and Safety Code Section 34274, each commissioner of the Authority shall be entitled to a per diem payment for attendance at not more than four (4) Authority meetings per month at a rate of $50 per meeting. Additionally, the Authority commissioners shall receive necessary traveling and subsistence expenses which may be incurred in the discharge of the duties of an Authority commissioner. SECTION 9. The commissioners of the Authority shall select, from among their members, a Chairperson and Vice Chairperson. The Vice Chairperson shall serve as the Chairperson in the absence or incapacity of the Chairperson. Additionally, the Authority shall employ a Secretary, who shall serve as the Executive Director to the Authority and shall have power to sign for the Authority on items which have been approved at an Authority meeting. SECTION 10. The commissioners of the Authority at a future date shall adopt bylaws for the operation and function of the Authority. SECTION 11. The City Clerk shall certify adoption of this Resolution. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 15t" day of March, 2011. Resolution 11-20 Page 3 of 4 ATTEST: Pamela Stoker, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 11-20 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 15t" day of March, 2011, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED COUNCILMEMBER ABSENT: _ Amante, Nielsen, Gomez, Murray (4) Gavello (1) None (0) None {0) PAMELA STOKER, City Glerk Resolution 11-20 Page 4 of 4