Res 11-009RESOLUTION NO. 11 -009
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, DECLARING THAT THERE IS A
NEED FOR A HOUSING AUTHORITY TO FUNCTION IN
THE CITY, DECLARING THAT THE MEMBERS OF THE
CITY COUNCIL SHALL BE THE COMMISSIONERS OF THE
HOUSING AUTHORITY AND DESIGNATING THE FIRST
INTERIM CHAIRMAN OF THE HOUSING AUTHORITY.
WHEREAS, the Housing Authority Law is codified in Health and Safety Code
Sections 34200 et seq. (the "Housing Authority Law "); and
WHEREAS, Section 34240 of the Housing Authority Law provides that in every
City there is a public body corporate and politic known as the Housing Authority of the
City; and
WHEREAS, Section 34240 of the Housing Authority Law additionally provides
that the Housing Authority shall not transact business or exercise its power unless the
City Council of the City declares by Resolution that there is a need for a Housing
Authority to function in the City; and
WHEREAS, Section 34242 of the Housing Authority Law provides for the
adoption of a Resolution declaring that there is a need for a Housing Authority to
function in the City if the City Council finds either: (1) that unsanitary or 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, Poway has an active acquisition rehabilitation program to address
unsafe and unsanitary apartment complexes throughout the community. Poway is also
in need of affordable housing as demonstrated by lengthy waiting lists for each of the
existing affordable housing developments in Poway. Additionally, Poway's Housing
Element outlines Poway's future housing goals which are based on regional needs and
assigned to Poway for planning purposes. Poway's regional share of housing units is
1,242 of which 285 units need to be affordable to very low- income households and 216
units need to be affordable to low- income households; and
WHEREAS, Section 34290 of the Housing Authority Law provides that the City
Council may declare by Resolution that the City Council shall be the Commissioners of
the Housing Authority; and
WHEREAS, Section 34277 of the Housing Authority Law provides that the Mayor
of the City shall designate the interim Chairman of the Housing Authority from among
the Housing Authority Commissioners, and thereafter the Housing Authority shall select
his /her successor among its commissioners; and
WHEREAS, it is the intent of this resolution to form a Housing Authority, whose
powers would include, but not be limited to, managing affordable housing assets in the
Resolution No. 11 -009
Page 2
City of Poway and developing or acquiring one or more rental housing projects within
the corporate limits of the City of Poway.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1. Recitals. The above recitals are true and correct.
Section 2. Findings. The City Council finds that there exists in the City both
unsanitary and unsafe inhabited dwelling accommodations and a shortage of decent,
safe, sanitary and affordable dwelling accommodations in the City which are available to
persons of low income.
Section 3. Need for Housing Authority. There is a need for a Housing Authority
to function in the City, and the Housing Authority hereby is permitted to transact any
business and exercise any power inferred thereon by the provisions of the Housing
Authority Law, commencing with Section 34200 of the Health and Safety Code.
Section 4. City Councilmembers to Serve as Housing Authority
Commissioners. Pursuant to Section 34290 of the Health and Safety Code, the City
Council of the City of Poway finds that the appointment of the members of the City
Council as the Commissioners of the Housing Authority will serve the public interest and
promote the public safety and welfare in an effective manner and, therefore,' the
members of the City Council of the City of Poway are hereby declared to be
Commissioners of the Housing Authority and all the rights, powers, duties, privileges
and immunities which are consistent with the Housing Authority Law and such a
Housing Authority shall be vested in such Commissioners, except as otherwise provided
by the Housing Authority Law.
Section 5. Designation of Interim Chairman. The Mayor of the City of Poway
shall serve as the interim Chairman of the Housing Authority, until a permanent
Chairman is selected.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 1s` day of March, 2011.
D n Higginson, Mayo
ATTEST:
da . Troyan, MMC, Cit ? lerk
Resolution No. 11 -009
Page 3
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. 11 -009 was duly adopted by the
City Council at a meeting of said City Council held on the 1st day of March, 2011, and
that it was so adopted by the following vote:
AYES: GROSCH, MULLIN, CUNNINGHAM, HIGGINSON
NOES: NONE
ABSENT: BOYACK
DISQUALIFIED
NONE
V Troyan, MMC, City Clerk
Poway