Housing Authority v. Peden (212 Cal. App. 2d 276, 1963)

STONE, J.

Appellant, as chairman of respondent Housing Authority of the County of Kings,, was ordered by a peremptory writ of mandate to execute a housing cooperation agreement with the City of Hanford, County of Kings. The city chose to join in a countywide housing development plan under the county housing authority rather than establish a separate city housing authority. For the city to participate with the county, federal housing regulations require a cooperation agreement between the city and the county housing authority. To join in the countywide plan, the Hanford City Council adopted a resolution conforming to the requirements of Health and Safety Code section 34209. In pertinent part that section reads:

“A county authority shall not operate in any city located in the county and in which an authority has not been authorized to transact business unless the consent of the city governing body has been obtained.” -

.. Following enactment of the resolution by the city, a countywide election was held and a countywide housing development .plan was approved by a majority of the voters. The election was held pursuant to the provisions of article XXXIV, section 1, of the Constitution of the State of California. Insofar as here pertinent, article XXXIV, section 1, provides :

' “No low rent housing project shall hereafter be developed, constructed, or acquired in any manner by any state public body until, a majority of the qualified electors of the city, town or county, as the case may be, in which it is proposed to develop, construct, or acquire the same, voting upon such issue, approve such project by voting in favor thereof at an election to be held for that purpose, or at any general or special election.

c e “For the purposes of this article the term ‘state public body’ shall mean this State, or any city, city and county, county, district, authority, agency, or any other subdivision or public body of this State.”

.Both sides agree to the propriety of this proceeding in mandate, since it is one to compel the chairman of the county housing authority to execute a written agreement, a ministerial act.- (City of Oxnard v. Dale, 45 Cal.2d 729, 731 [290 P.2d 859] ; City of Palm Springs v. Ringwald, 52 Cal.2d 620, 623 [342 P.2d 898].)

Appellant’s chief contention is that a separate election must be held for the City of Hanford. Stated in another way, he contends that the city cannot join in a countywide election for the approval of a county housing project. At first blush Health and Safety Code section 34209, supra, would appear to answer his contention, since it authorizes the city to join with the county in a countywide housing development. Appellant, however, insists that Health and Safety Code section 34209 is 'unconstitutional because it conflicts with article XXXIV, section 1, of the Constitution. He interprets the language of article XXXIV, section 1, “a majority of the qualified electors of the city, town or county, as the case may be,” as restricting each public body to only one means of proceeding with a federal housing project. That is to say, a city, a town, or' a county, must proceed separately with any housing development within its own boundaries.

We do not agree with this contention. In the first place, ■article XXXIV is couched in the alternative. The disjunctive "¿¡article “or” is used when referring t