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CC Resolution 2009-075 Establishing a Housing AuthorityRESOLUTION NO. 2009 - 075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA 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 bu<.>iness 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 thE:re is a need for a housing authority if it finds either of the following: (a) that unsanitary and unsafe inhabited dwelling accommodations exist. in the city, or Ib) that there is a shortage of safe or sanitary dwelling accommodation:; 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 faci:ors: (a) the degree of overcrowding, (I>) 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, le) the 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, the most recent update of the Housing Element of thE; General Plan, a draft of which was submitted to the California Department of Housing and Community Development in August, 2009, the City Council of the Ciity of La Quinta ("City Council" or "City," as applicable) provides as follows: (a) an estimated 2,203 of all the City's households were in the lower income category, and about 810 of the lower income households were renters; Resolution No. 2009-075 Establish Housing Authority Adopted: September 75, 2009 Page 2 (b) an estimated 67.5% of low, 92.1 % of very low, and 79.7% of extremely low income renter households overpay for housing (e.g., housing costs exceed 30% of their income), with many of such households paying more than 50% of their income for housing; (c) an estimated 9.7% of all rental households in the City were overcrowded, with 3.2% of all such rental households experiencing severe overcrowding conditions; WHEREAS, a housing survey undertaken by the City in November, 2007, as part of the update to the housing element of the General Plan, indicated that approximately 1,470 housing units in the City (approximately 7% of the housing stock) is in need of maintenance or structural repair; and WHEREAS, these significant overpayment, overcrowding, and repair needs and conditions continue to exist in the City; and NOW, THEREFORE, the City Council of the City of La Quinta 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 La Quinta. SECTION 3. That there is a shortage of safe or sanitary dwelling accommodations in the City of La Quinta available to persons of low income at rentals they can afford. SECTION 4. That there is a need for a housing authority to function in the City of La Quinta to provide safe and sanitary housing opportunities for La Quinta residents. The housing authority established by this Resolution shall be known as the "La Quinta Housing Authority." SECTION 5. That the La Quinta Housing Authority shall be vested with 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 La Quinta Housing Authority and shall have all the rights, powers, duties, privileges and immunities vested by the California Housing Authorities Law. Resolution No. 2009-075 Establish Housing Authority Adopted: September 75, 2009 Page 3 SECTION 7. That the terms of office and succession of La Quinta Flousing Authority commissioners shall be concurrent with and identical to the germs of each City Council member's seat. SECTION 8. Pursuant to Health & Safety Code Section 34274, each Commissioner shall be entitled to a per diem payment for attendance at nat more than four (4) Housing Authority meetings per month at a rate of 550.00 per meeting. Additionally, Commissioners shall receive necessary traveling and subsistence expenses which may be incurred in the discharge of the dutif;s of a Housing Authority Commissioner. SECTION 9. 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. Additionally, the Housing Authority shall employ a Secretary, who shall serve as the Executive Director to the Commission and shall have power to sign for the Commission on items which have been approved at a Cornlrission meeting. SECTION 10. The City Clerk shall certify the adoption of this Resolution PASSED, APPROVED and ADOPTED at a regular meeting of the City Council of the City of La Quinta held this 15"' day of September 2009. AYES: Council Member Evans, Franklin, Henderson, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None DON ADOL H, May r City of La Ouinta, California Resolution No. 2009-075 Establish Housing Authority Adopted: September 75, 2009 Page 4 ATTEST: VERONICA MONTECINO, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: A E E JENS ,City Attorney City of La Quinta, California