HomeMy WebLinkAboutCC RES 2018-76RESOLUTION NO. 2018-76
A RESOLUTION OF THE CITY OF PALM DESERT EXTENDING
THE TIME FOR THE PALM DESERT HOUSING AUTHORITY (AS
HOUSING SUCCESSOR TO THE FORMER PALM DESERT
REDEVELOPMENT AGENCY) TO RETAIN SAGECREST
EXPANSION PARCEL (APN'S 627-122-013 AND 627-122-003) FOR
THE DEVELOPMENT OF HOUSING AFFORDABLE TO PERSONS
AND FAMILIES OF LOW AND MODERATE INCOME PURSUANT
TO HEALTH AND SAFETY CODE SECTION 34176.1
WHEREAS, the former Palm Desert Redevelopment Agency (the "Former
Agency") acquired the Sagecrest Expansion parcel identified on Attachment A, attached
hereto and incorporated herein, in the City of Palm Desert for development of low and
moderate income housing utilizing moneys from the Former Agency's Low and
Moderate Income Housing Fund, including the proceeds of bonds issued by the Former
Agency that were payable from and secured by a pledge of tax revenues required to be
deposited into the Former Agency's Low and Moderate Income Housing Fund, as
authorized by Health and Safety Code Section 33334.2 (the "Properties").
WHEREAS, the Former Agency was dissolved on February 1, 2012 pursuant to
AB X1 26, and the Palm Desert Housing Authority became the housing successor to the
Former Agency (the "Housing Successor").
WHEREAS, pursuant to Health and Safety Code Section 34176(b), all of the
housing assets of the Former Agency, including the Properties, transferred to the
Authority, as Housing Successor, in accordance with the California Department of
Finance ("DOF") letter dated January 10, 2013, approving as housing assets certain
items included on the Housing Assets Transfer Form, including the Properties.
WHEREAS, Health and Safety Code Section 33334.16 provides that for each
interest in real property acquired using moneys from the Low and Moderate Income
Housing Fund, a redevelopment agency shall, within five years from the date it first
acquired the property interest for the development of housing affordable to persons and
families of low and moderate income, initiate activities consistent with the development
of the property for that purpose. Health and Safety Code Section 33334.16 further
provides that If such activities have not been initiated within this period, the legislative
body may, by resolution, extend the period during which the agency may retain the
property for one additional period not to exceed five years. The resolution shall affirm
the intention of the legislative body that the property be used for the development of
housing affordable to persons and families of low and moderate income. Finally, Health
and Safety Code Section 33334.16 provides that in the event that physical development
of the property for this purpose has not begun by the end of the extended period, or if
the agency does not comply with this requirement, the property shall be sold and the
moneys from the sale, less reimbursement to the agency for the cost of the sale, shall
be deposited into the agency's Low and Moderate Income Housing Fund.
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RESOLUTION NO. 2018-76
WHEREAS, Health and Safety Code Sections 33007 and 33002 define the
"legislative body" as the City Council of the City.
WHEREAS, Health and Safety Code Section 34176.1(e) provides that with
respect to interests in real property acquired by a former redevelopment agency prior to
February 1, 2012, the time periods described in Section 33334.16 shall be deemed to
have commenced on the date that the DOF approved the property as a housing asset.
As set forth above, the DOF approved the Properties as housing assets on January 10,
2013.
WHEREAS, the Housing Authority Board desires to extend the period during
which the Authority, as Housing Successor, may retain the Properties for development
of housing affordable to persons and families of low and moderate income.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT
HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS:
Section 1. The above recitals are true and correct and are a substantive part
of this Resolution.
Section 2. The Authority Board affirms the Board's intention that the
Properties be used for the development of housing affordable to persons and families of
low and moderate income. Accordingly, the period during which the Housing Successor
may retain the Properties is hereby extended until January 10, 2023.
Section 3. This Resolution shall take effect immediately upon its adoption.
PASSED, APPROVED AND ADOPTED this 11th day of October, 2018.
AYES: HARNIK, KELLY, NESTANDE, WEBER, and JONATHAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
RAD.LASSEN,OF ERK
CITY OF PALM DESERT, CALIFORNIA
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Attachment A - Housing Asset Properties •.•
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RESOLUTION NO. 2018-76
ATTACHMENT A
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Development CITY 10-1I-18.doc
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627-122-013 / 627-122-003
RESOLUTION NO. 2018-76
Date: 2018
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