1 RESOLUTION NO. 2003-105
2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO DECLARING THAT THERE IS A NEED
4 TO CREATE A CITY HOUSING AUTHORITY IN THE COMMUNITY
("SAN BERNARDINO CITY HOUSING AUTHORITY") AND
5 DECLARING THE MAYOR AND COMMON COUNCIL TO BE
6 COMMISSIONERS OF THE SAN BERNARDINO CITY HOUSING
AUTHORITY
7 WHEREAS, the Mayor and Common Council is the governing body of the City of San 8 Bernardino ("City"); and
WHEREAS, the Mayor and Common Council desire to adopt a Resolution declaring 10 that there is a need for a City Housing Authority ("Authority") to function and operate within 11 the City and has found that either of the following conditions exist within the City: (1) that 12 unsanitary or unsafe inhabited dwelling accommodations exist in the City; and (2) that there is a shortage of safe or sanitary dwelling accommodations in such City available to persons of low 14 income at rental rates they can afford; and
15 WHEREAS, Authority means a public corporation created pursuant to Section 34200 of the Health and Safety Code of the State of California (the "Housing Authorities Law"); and 17 WHEREAS, Section 34201 of the Health and Safety Code of the State of California has 18 declared that there exist in the State unsanitary or unsafe dwelling accommodations and that 19 persons of low income are forced to reside in such accommodations; that within the State there 20 is a shortage of safe or sanitary dwelling accommodations available at rents which persons of 21 low income can afford and that such persons are forced to occupy overcrowded and congested 22 dwelling accommodations; that these conditions cause an increase in and spread of disease and 23 crime and constitute a menace to the health, safety, morals, and welfare of the residents of the 24 State and impair economic values; and that these conditions necessitate excessive and 25 disproportionate expenditures of public funds for crime prevention and punishment, public -1-
P:iCtrical Services DepriMargaret Parker Resolutions/2003103-05-0S Housing Authority MCC Reso.doc 2003-105
1 health and safety, fire and accident protection, and other public services and facilities; and that 2 these slum areas cannot be cleared, nor can the shortage of safe and sanitary dwellings for 3 persons of low income be relieved through the operation of private enterprise, and that the 4 construction of housing projects for persons of low income would therefore not be competitive 5 with private enterprise; and that the clearance, replanning, and reconstruction of the areas in 6 which unsanitary or unsafe housing conditions exist and the providing of safe and sanitary dwelling accommodations are public uses and purposes for which public money may be spent and private property acquired and are governmental functions of State concern; and that it is in 8 the public interest that work on such projects be commenced as soon as possible in order to 9 relieve unemployment which now constitutes an emergency; and the necessity in the public 10 interest and that the provisions of the Section 34201 are declared as a matter of legislative =
determination; and
12 . WHEREAS, in order to rectify the deficient housing and neighborhood conditions as 13 noted above, the Mayor and Common Council desire to establish the San Bernardino City 14 Housing Authority; and
15 WHEREAS, Section 34250 of the Health and Safety Code of the State of California, 16 states that a housing authority may contract with a redevelopment agency for the necessary staff 17 services associated with or required by an authority and in such case, the governing body shall 18 be vested with all of the rights, powers, duties and privileges and immunities in an authority; 19 and
20 WHEREAS, the Mayor and Common Council desire to have the San Bernardino City 21 Housing Authority contract with the Redevelopment Agency of the City of San Bernardino 22 ("Agency") to provide necessary staff services associated with the day to day activities, 23 functions and management of the San Bernardino City Housing Authority. 111
P:iClerical Services DepriMargaret Parker Resolutlons|2003103-05-05 Housing Authority MCC Reso.doc 2003-105
1 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED 2 BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS 3 FOLLOWS:
4 Section 1. The Mayor and Common Council hereby find and determine that the facts and circumstances set forth in the Recitals hereof are true and correct in all respects. The 5 Mayor and Common Council acknowledge that the Staff report as presented to the Mayor and 6 Common Council upon the adoption of this Resolution regarding reasons for the creation of the San Bernardino City Housing Authority is in the best interest of the citizens of the City. 8 Section 2. The Mayor and Common Council hereby declare that there is a need for a housing authority on the basis that unsanitary or unsafe inhabited dwelling accommodations 10 exist in the City.
11 Section 3: The Mayor and Common Council, the governing body of the City, 12 hereby, declare themselves to be the Commissioners of the San Bernardino City Housing 13 Authority.
14 Section 4. The Mayor and Common desire to have the San Bernardino City Housing 15 Authority contract with the Agency for any necessary staff services associated with or required 16 by the San Bernardino City Housing Authority, and in such case, the governing body of the 17 Agency, shall be vested with all of the rights, powers, duties and privileges and immunities of 18 the San Bernardino City Housing Authority.
19 Section 5. This Resolution shall take effect upon its adoption and execution in the 20 manner as required by the City Charter.
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P: Clerical Services DepalMargaret Parker Resulutions/2003103-05-05 Housing Authority MCC Reso, doc 2003-105
1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO DECLARING THAT THERE IS A NEED
2 TO CREATE A CITY HOUSING AUTHORITY IN THE COMMUNITY
("SAN BERNARDINO CITY HOUSING AUTHORITY") AND
3 DECLARING THE MAYOR AND COMMON COUNCIL TO BE
COMMISSIONERS OF THE SAN BERNARDINO CITY HOUSING
4 AUTHORITY
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 meeting thereof, held on the
Common Council of the City of San Bernardino at a jt. reg. 7 5th day of May , 2003, by the following vote to wit:
8 Absent
Council Members: Ayes Nays Abstain
9 ESTRADA
10 LONGVILLE
X
= MCGINNIS
12 DERRY
SUAREZ
14 ANDERSON
MC CAMMACK
15 Rachel SClark
Rache G. Clark, City Clerk
The foregoing resolution is hereby approved this thi day of May - 2003.
Nace
19. Judith Valles, Mayor
Cityof San Bernardino
21 Approved as to form and Legal Content:
22 By: Lames 7: Perman
23 hey Attorney
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P:Clerical Services Dept Margaret Parker Resolutions 2003103-05-05 Housing Authority MCC Reso.doc