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Home My Public Portal About2011.066 (03-15-11)RESOLUTION NO. 2011.066 ® A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ESTABLISHING A HOUSING AUTHORITY IN ACCORDANCE WITH THE CALIFORNIA HOUSING AUTHORITIES LAW WHEREAS, the California Housing Authorities Law, codified as Health and Safety Code Section 34200, et seq , authorizes the establishment of 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, per Health & Safety Code Section 34242, the governing body of a city may adopt a resolution declaring there is a need for a housing authority if it finds either (a) the existence of unsanitary and unsafe inhabited dwelling accommodations in the city, or (b) a shortage of safe or sanitary dwelling accommodations in the city available to persons of low income at rentals they can afford, and WHEREAS, per Health & Safety Code Section 34243, in determining whether dwelling accommodations are unsafe or insanitary, the governing body of a city may take into consideration the following factors. (a) degree of overcrowding, (b) percentage of land coverage, (c) availability of light, air, space, and access to inhabitants of such dwelling accommodations, (d) size and arrangement of rooms, (e) sanitary facilities, and (f) the extent to which conditions exist in such buildings which endanger life or property by fire or other causes, and WHEREAS, according to the studies conducted and data gathered for the 2009 Update of the Housing Element of the General Plan of the City of Lynwood, unsanitary , and unsafe inhabited dwelling accommodations exist and there is a shortage of safe and sanitary dwelling accommodations available to persons of low income at rentals they can afford within the City of Lynwood (City), and WHEREAS, as a result of the foregoing, there is a need for a housing authority to function in the City to provide safe and sanitary housing opportunities for its residents. I NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER AND RESOLVE AS FOLLOWS: Section 1. All of the above recitals are true and correct and are incorporated herein by reference. Section 2. The City Council finds that insanitary and /or unsafe inhabited dwelling accommodations exist in the City This finding is supported by the following facts, according to the City's 2009 Update of the Housing Element of the General Plan. (a) Out of a total of 15,004 households within the City, approximately • 7860 households (54 6% of households) are considered overcrowded and approximately 2050 households (61 04% of households) are considered severely overcrowded (b) An estimated 2483 housing units in the City lack either, complete plumbing or kitchen facilities, representing approximately 17.2% of the City's housing stock that is substandard and that will require substantial rehabilitation. (c) An estimated 76.9% of the housing units in the City are 30 years or older, that may be in need of major housing rehabilitation. Section 3. The City Council finds 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. This finding is supported by the following.facts, acc_ ording to the City's 2009 Update of the Housing Element of the General Plan: (a) Approximately 50% of all households in the City is considered very low income ,(earning less than 50% of the median income for Los Angeles County), and 51 % of all households in the City is considered low income (earning between 51 % and 80% of the median: income for Los Angeles County) (b) An estimated 69.2% lower income households in the City (consisting of very low and low income households) are overpaying for housing. Of these overpaying households, approximately 293% are .rental households, with 83 9% of all very low income rental households overpaying for housing. Housing overpayment is defined as paying greater than 30% of household income for housing. J (c) Approximately 23.6% of all rental housing units in the City, compared with approximately 13 4% of all ownership housing units, have four or more bedrooms, despite the fact that the average household size renter - occupied units is higher than that of owner - occupied units. This represents a disparity between the number of larger rental units available and the number of larger households in the City, and the need for more larger rental units in the City (d) Approximately 60 5% of all rental households are considered overcrowded, and approximately 61 9% of all rental households are considered severely overcrowded. Section 4. The housing authority established by this Resolution shall be known as the Lynwood Housing Authority Section 5. The Lynwood Housing Authority shall be vested with all the rights, powers, duties, privileges and " immunities established by the California 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 Lynwood Housing Authority and shall have all the rights, powers, duties, privileges and immunities vested by the California Housing Authorities Law Additionally, should the Lynwood Housing Authority ever have any tenants, within one (1) year of such date that the Lynwood Housing Authority has tenants, the City Council shall appoint two such tenants within the City as additional commissioners, one of whom shall be 62 years or older Section 7. The terms of office and succession of Lynwood Housing Authority Commissioners shall be concurrent with and identical to the terms of each City Council member is seat. Section 8. The Mayor of the City shall designate, from among the Commissioners, the first Chairperson. Successor Chairpersons, as well as a Vice Chairperson, shall be selected by the Commissioners, from among their members. The Vice Chairperson shall serve as the Chairperson in the absence or incapacity of the Chairperson. Section 9. If any provision(s) of this resolution or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end the provisions of this resolution are declared to be severable The City Council hereby declares that they would have adopted this resolution and each section, subsection, sentence, clause, phrase, part or portion ® thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional. Section 10. The City Clerk shall certify to the adoption of this Resolution. Section 11. This Resolution shall take effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this 15 day of March, 2011. Aide Castro, Mayor ATTEST: • aria Quinonez, City Clerk Roger L. aley, City Manager APPROVED AS TO FORM: d Fred Galante, City Attorney STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) SS. APPROVED AS TO CONTENT: Robert Torrez, Assistant Cit ager I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 15 day of March, 2011 AYES. COUNCIL MEMBERS FLORES, RODRIGUEZ, SANTILLAN, MORTON AND CASTRO NOES. NONE ABSENT NONE ABSTAIN: NONE f Maria Quinonez, ity Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2011.066 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 15 day of March, 2011 `1%= 0 0