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HomeMy WebLinkAboutCC RES 2013-11RESOLUTION NO. 2013-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT AUTHORIZING THE PALM DESERT HOUSING AUTHORITY TO SELL OR LEASE SMALL HOUSING PROJECTS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33433(c) RECITALS: A. By its Resolution No. 03-34, the City Council authorized the former Palm Desert Redevelopment Agency (the "Agency") to sell small housing projects, as that term is defined in Health and Safety Code Section 33013, pursuant to Health and Safety Code Section 33433(c). B. Pursuant to Health and Safety Code Section 34175(b) and the California Supreme Court's decision in Califomia Redevelopment Association, et al. v. Ana Matosantos, et al. (53 Ca1.4th 231(2011)), on February 1, 2012, all assets, properties, contracts, leases, books and records, buildings, and equipment of the Agency transferred to the control of the Successor Agency to the Palm Desert Redevelopment Agency (the "Successor Agency") by operation of law. C. Pursuant to Health and Safety Code Section 34176(b), the City Council of the City of Palm Desert (the "City") adopted Resolution No. 2007-07 electing for the City not to retain the housing functions previously performed by the former Agency, and determining that all of the assets, as allowed by law, and all rights, powers, liabilities, duties, and obligations associated with the housing activities of the former Agency be transferred from the Successor Agency to the Palm Desert Housing Authority (the "Housing Authority"). D. By its Resolution No. HA-47, the Housing Authority accepted the housing functions and assets of the former Agency. E. The City Council desires to confirm that the authorization for the former Agency to sell small housing projects pursuant to Health and Safety Code Section 33433(c) transferred to the Housing Authority as the successor to the former Agency's housing functions and assets. THE CITY COUNCIL OF THE CITY OF PALM DESERT HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. From time to time, the Housing Authority may desire to sell or lease a small housing project. Section 2. The City Council hereby confirms that the authorization for the former Agency to sell small housing projects pursuant to Health and Safety Code Section 33433(c) transferred to the Housing Authority as the successor to the former Agency's housing functions and assets and that the City Council authorizes the Housing Authority 12812-0001 \1528503v1.doc -1- GWGUSINGWatty LeonIJMMldaff reporARESOLUTIONSUty Council resohfian on smai housing projects 2.14-13.doc RESOLUTION NO. 2013- 11 to sell or lease small housing projects pursuant to Health and Safety Code Section 33433(c) if, prior to such sale or lease, the Housing Authority holds a public hearing pursuant to Health and Safety Code Section 33431. The City Council hereby finds and declares that subdivisions (a) and (b) of Health and Safety Code Section 33433 shall not apply to such sales or leases of small housing projects. Section 3. In the event the Housing Authority sells or leases a small housing project pursuant to Health and Safety Code Section 33433(c), the Housing Authority is hereby directed, within 30 days after the end of the Housing Authority's fiscal year in which the sale or lease occurs, to file a report with the City Council which discloses the name of the buyer or lessee, the legal description or street address of the property, the date of the sale or lease, the consideration for which the property was sold or leased by the Housing Authority to the buyer or lessee and the date on which the Housing Authority held its public hearing for the sale or lease pursuant to Health and Safety Code Section 33431. PASSED, APPROVED AND ADOPTED this 14TH day of FEBRUARY 2013 by the following vote, to wit: AYES: BENSON, TANNER, WEBER, and RARNIR NOES: NONE ABSENT: sPIECEi. ABSTAIN: NONE ATTEST: CITY OF PALM DESERT, CALIFORNIA IC. HARNIK, MAYOR 12812-0001\1528503v1.doc -2- G WOUSINCWaC, LeoeUMMWalrepornRESOUlfIONSICiy Council rew►iea, on anal housing acOcle 2-14-13.doc