HomeMy WebLinkAboutRES HA-122RESOLUTION NO. HA-122
A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY
APPROVING A DISPOSITION, DEVELOPMENT AND LOAN
AGREEMENT BETWEEN THE AUTHORITY AND CHELSEA
INVESTMENT CORPORATION, (OR IT’S DESIGNEE) PURSUANT TO
HEALTH AND SAFETY CODE SECTION 33433
RECITALS:
A. Pursuant to Health and Safety Code Section 34175(b) and the California
Supreme Court’s decision in California Redevelopment Association, et al. v. Ana
Matosantos, et al. (53 Cal. 4th 231 (2011), on February 1, 2012, all assets, properties,
contracts, leases, books and records, buildings, and equipment of the former Palm Desert
Redevelopment Agency transferred to the control of the Successor Agency to the former
Agency (the “Successor Agency”).
B. By its Resolution No. 2012-07 the City Council of the City of Palm Desert
elected that all assets, rights, powers, liabilities, duties, and obligations associated with
housing activities of the former Agency be transferred from the Successor Agency to the
Palm Desert Housing Authority (the “Authority”).
C. By its Resolution No. HA-47, the Housing Authority accepted the housing
functions and assets of the former Agency.
THE PALM DESERT HOUSING AUTHORITY HEREBY FINDS, DETERMINES,
RESOLVES AND ORDERS AS FOLLOWS:
SECTION 1. The Authority owns an approximately 1.84 acre lot located off
Country Club Drive in the City of Palm Desert, California described as APN No. 622-370-
014 (the “Property”). The Authority proposes to convey the Property to Chelsea
Investment Corporation (or its designee) (“Chelsea”) for the purpose of Chelsea
constructing forty (40) units of housing, thirty-nine (39) of which will be made available for
rental to qualified households of low-income, very-low income and extremely low-income,
(10) of which shall be designated for use by individuals with developmental disabilities
and one (1) of which shall be used for on -site management pursuant to the Disposition
and Development and Loan Agreement (the “Agreement”) attached hereto.
SECTION 2. Following notice duly given, the Authority has held a full and fair
public hearing on the conveyance by the Authority of the Property to Chelsea pursuant to
Health and Safety Code Section 33433. The Authority has made available to the public
through the offices of the Authority Secretary and City Clerk a copy of the Agreement ,
and a Summary Report (the “Report”) describing, among other matters, the cost of the
Agreement to the Authority prior to the public hearing as required by Health and Safety
Code Section 33433.
SECTION 3. Health and Safety Code Section 33433(a) and (b) generally provide
that before any property of the former Agency, acquired in whole or in part, directly or
indirectly, with tax increment moneys is sold for development pursuant to the
redevelopment plan, the sale must first be approved by the legislative body by resolution
after a public hearing and the resolution must contain certain findings. Pursuant to its
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Resolution No. HA-122 Page 2
Resolution No. 2013-11, the City Council authorized the Authority, as housing successor
to the former redevelopment agency, to convey property for the development of housing
projects pursuant to Health and Safety Code Section 33433.
SECTION 4. On the basis of the Report and other information received by the
Authority at the hearing, the Authority hereby finds and determines (i) that the
consideration received by the Authority pursuant to the Agreement for the conveyance of
the Property is not less than the fair reuse value of the Property at the use and with the
covenants and conditions and development costs authorized by the conveyance of the
Property as described in the Agreement, and (ii) that the conveyance of the Property
pursuant to the Agreement will provide housing for low-income persons consistent with
the implementation plan adopted by the former Palm Desert Redevelopment Agency
pursuant to California Health and Safety Code Section 33490.
SECTION 5. The Authority hereby approves the Agreement and the Executive
Director is hereby authorized and directed, for and in the name and on behalf of the
Authority, to execute and deliver any and all necessary documents and instruments and
to do all things which he deems necessary or proper in order to effectuate the purposes
of this Resolution and the transactions contemplated hereby; including the Agreement on
file with the Authority Secretary and the City Clerk, with such additions thereto or changes
or insertions therein as may be approved by the Executive Director (such approval to be
conclusively evidenced by such execution and delivery).
SECTION 6. The officers of the Authority are hereby authorized and directed,
jointly and severally, to execute and deliver any and all necessary documents and
instruments and to do all things which they may deem necessary or proper in order to
effectuate the purposes of this Resolution and the transactions contemplated hereby; and
any such actions previously taken by such officers are hereby ratified, confirmed and
approved.
ADOPTED ON JUNE 13, 2024
KARINA QUINTANILLA
CHAIRMAN
ATTEST:
ANTHONY J. MEJIA
SECRETARY
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Resolution No. HA-122 Page 3
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that
Resolution No. HA-122 is a full, true, and correct copy, and was duly adopted at a regular
meeting of the Housing Authority of the City of Palm Desert on June 13, 2024 by the
following vote:
AYES: HARNIK, KELLY, NESTANDE, TRUBEE, AND QUINTANILLA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Desert, California, on ___________________.
ANTHONY J. MEJIA
CITY CLERK
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6/27/2024