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HomeMy WebLinkAboutCC RES 2012-63RESOLUTION NO. 2012- 63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT AMENDING SECTION 7 OF RESOLUTION 97- 104 WHICH ESTABLISHED THE PALM DESERT HOUSING AUTHORITY RECITALS: A. By its Resolution No. 97-104, adopted December 11, 1997, the City Council of the City of Palm Desert ("City") determined and declared the need for a housing authority to function in the City and established the Palm Desert Housing Authority ("Authority") in accordance with California Health and Safety Code Section 34200 et. seq. (the "Law"). B. The City Council declared itself to be the Commissioners of the Authority and further declared that all the rights, powers, duties, privileges and immunities vested by the Law in commissioners of an authority shall be and are vested by the Law in the City Council. C. The City Council appointed the staff serving the City Council and the Palm Desert Redevelopment Agency to be the staff of the Authority. D. AB X1 26 was signed by the Governor of California on June 29, 2011, making certain changes to the Community Redevelopment Law (Part 1 commencing with Section 33000 of Division 24 of the California Health and Safety Code including adding Part 1.8 and Part 1.85 which effectively eliminate redevelopment agencies. E. The California Redevelopment Association and the League of California Cities filed a lawsuit in the Supreme Court of California (Califomia Redevelopment Association, et al. v. Matosantos, et al. Case No. S194861) challenging the constitutionality of AB X1 26. On December 29, 2011 the Supreme Court issued its opinion in the Matosantos case largely upholding AB X1 26 and delayed the effective dates in Part 1.85 for the elimination of redevelopment agencies to February 1, 2012. F. In response to the elimination of the Palm Desert Redevelopment Agency, the City Council wishes to adopt this resolution amending Section 7 of Resolution No. 97-104 as it relates to the appointment of staff to the Authority. RESOLUTION NO. 2012- 63 THE CITY COUNCIL OF THE CITY OF PALM DESERT HEREBY FINDS, ORDERS, DECLARES AND RESOLVES AS FOLLOWS: Section 1. The City Council hereby amends Section 7 of Resolution No. 97-104 to appoint the City Manager as the Executive Director of the Authority and to authorize the City Manager to assign staff of the City to perform duties of the Authority as directed by the City Manager. PASSED, APPROVED AND ADOPTED this 13th day of September, 2012. AYES: BENSON, HARNIR, KROONEN, and SPIEGEL NOES: NONE ABSENT: FINERTY ABSTAIN: NONE ATTEST: Racrelle D. Rlassen, Ci y Clerk City of Pala Desert, California /roaCZS 4 Robert A. Spiegel, 'May G.\rda\HOUSING\Patty LeonUMMlstaff report1RESOLUTIONS\CC Resolution regarding Housing Authority Staf.dac