HomeMy WebLinkAboutRES HA-60RESOLUTION NO, HA- 60
A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY,
PALM DESERT, CALIFORNIA, AS HOUSING SUCCESSOR TO THE
FORMER PALM DESERT REDEVELOPMENT AGENCY,
DETERMINING THAT PLANNING AND ADMINISTRATIVE EXPENSES
INCURRED DURING FISCAL YEAR 2012-13 AND PAID FOR WITH
MONEYS IN THE LOW AND MODERATE INCOME HOUSING ASSET
FUND ARE NECESSARY FOR THE PRODUCTION, IMPROVEMENT,
AND PRESERVATION OF LOW AND MODERATE INCOME HOUSING
A. 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 CaI.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 (the "Agency") transferred to the control of the
Successor Agency to the Palm Desert Redevelopment Agency (the "Successor
Agency") by operation of law.
B. Pursuant to Health and Safety Code Section 34176(b), the City Council of
the City of Palm Desert (the "City") adopted Resolution No. 2012-07 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 to the Palm Desert Housing Authority (the "Housing Authority").
C. Health and Safety Code Section 34177(g) directs the Successor Agency
to effectuate transfer of housing functions and assets to the appropriate entity
designated pursuant to Health and Safety Code Section 34176, being the Housing
Authority, and Health and Safety Code Section 34181(c) provides that the oversight
board of the Successor Agency (the "Oversight Board") shall direct the Successor
Agency to transfer housing assets pursuant to Health and Safety Code Section 34176.
D. On October 8, 2012, the Oversight Board adopted Resolution No. OB-018
directing the Successor Agency to take such action, and on October 11, 2012, the
Successor Agency adopted its Resolution No. SA-RDA-012 approving the transfer of
housing functions and assets to the Housing Authority.
E. On October 12, 2012, the Housing Authority accepted the housing
functions and assets identified and transferred in the Housing Assets List pursuant to
Resolution No. SA-RDA-012 of the Successor Agency.
F. Pursuant to the California Community Redevelopment Law (Health and
Safety Code Section 33000, et seq.) it was the intent of the legislature that the moneys
in a redevelopment agency's Low and Moderate Income Housing Fund be used to the
maximum extent possible to defray the costs of production, improvement, and
preservation of low and moderate income housing, and that the amount of money spent
for the planning and general administrative activities associated with the development,
G Vda\Veronica Tapia\Word Files\Staff Reports\2012-13 Housing Production Cost Resolution 11-14-13.DOC
RESOLUTION NO. HA-60
improvement, and preservation of that housing not be disproportionate to the amount
actually spent for the costs of production, improvement, or preservation of that housing.
G. Pursuant to Health and Safety Code Section 33334.3(d), a redevelopment
agency was required to determine annually that the planning and administrative
expenses were necessary for the production, improvement, or preservation of low and
moderate income housing.
H. In fiscal year 2012-13, the Housing Authority, as housing successor to the
former Agency, has used the moneys in the Housing Authority's Low and Moderate
Income Housing Asset Fund to the maximum extent possible to defray the costs of
production, improvement, and preservation of low and moderate income housing and
the amount of money spent for the planning and general administrative activities
associated with the development, improvement, and preservation of that housing was
not disproportionate to the amount actually spent from the Low and Moderate Income
Housing Asset Fund for the costs of production, improvement, or preservation of that
housing.
NOW, THEREFORE, BE IT RESOLVED that the Housing Authority hereby finds
and determines, as housing successor to the former Agency, that the planning and
administrative expenses paid from the Housing Authority's Low and Moderate Income
Housing Asset Fund in Fiscal Year 2012-2013 were (a) necessary for the production,
improvement, or preservation of low and moderate income housing, (b) not
disproportionate to the amount actually spent from the Low and Moderate Income
Housing Asset Fund for the costs of production, improvement or preservation of low and
moderate income housing, and (c) limited to the costs set forth in Health and Safety
Code Section 33334.3 (e)(1).
PASSED, APPROVED AND ADOPTED, at the regular meeting of the Palm
Desert Housing Authority held on this 14th day of November 2013, by the following vote
to wit:
AYES: BENSON, SPIEGEL, TANNER, WEBER, and HARNIK
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
C. Harnik, Chairman
ATTEST:
Ra elle D Klassen, S - retary
Palm Desert Housing Authority
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