HomeMy WebLinkAboutRES HA-69RESOLUTION NO. HA- 69
A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY
APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT
BETWEEN THE AUTHORITY AND HABITAT FOR HUMANITY OF THE
COACHELLA VALLEY, INC., PURSUANT TO HEALTH AND SAFETY
CODE SECTION 33433(c)
RECITALS:
A. By its Resolution No. 03-04, the City Council of the City of Palm Desert
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 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 Agency transferred to
the control of the Successor Agency to the Palm Desert Redevelopment Agency (the
"Successor Agency").
C. 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").
D. By its Resolution No. HA-47, the Housing Authority accepted the housing
functions and assets of the former Agency.
E. By its Resolution 2013-11, the City Council of the City of Palm Desert confirmed
the authorization for the sale of small housing projects by the Authority.
THE PALM DESERT HOUSING AUTHORITY HEREBY FINDS, DETERMINES,
RESOLVES AND ORDERS AS FOLLOWS:
Section 1. The Palm Desert Housing Authority (the "Authority") owns two
lots located at San Benito Circle in the City of Palm Desert, California described as APN No.
627-092-050 and APN No. 627-092-054 (collectively, the "Property"). The Authority
proposes to sell the Property to Habitat for Humanity of the Coachella Valley, Inc.
("Habitat") for the purpose of Habitat constructing a single family dwelling on each lot for
sale to and occupancy by qualified low income households pursuant to the Disposition and
Development Agreement (the "Agreement") attached hereto.
Section 2. Following notice duly given, the Authority has held a full and
fair public hearing on the sale by the Authority of the Property to Habitat pursuant to Health
and Safety Code Section 33431. The Authority has made available to the public through the
offices of the Authority Secretary and City Clerk a copy of the Agreement prior to the public
hearing.
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
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San Bea;to Lots 98 & 99
Resolution No. HA- 69
or indirectly, with tax increment moneys is sold for development pursuant to the
redevelopment plan, the sale must first be approved by the City Council by resolution after a
public hearing and the resolution must contain certain findings. Health and Safety Code
Section 33433(c) provides that the requirements of subdivisions (a) and (b) will not apply to
the sale of a "small housing project". Pursuant to its Resolution No. 2013-11, the City
Council authorized the Authority, as housing successor to the former redevelopment
agency, to sell small housing projects pursuant to Health and Safety Code Section
33433(c).
Section 4. The Authority hereby finds and determines that the Property
qualifies as a "small housing project" as that term is defined in Health and Safety
Code 33013.
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.
Section 7. Authority staff is hereby directed, within 30 days after the end
of the Authority's fiscal year in which the sale of the Property to Habitat occurs, to file a
report with the City Council which discloses the name of the buyer, the legal description or
street address of the Property, the date of the sale, the consideration for which the Property
was sold by the Authority to the buyer, and the date on which the Authority held its public
hearing for the sale.
PASSED, APPROVED and ADOPTED this 13th day of November, 2014.
ATTEST:
AYES: BENSON, HARNIK, SPIEGEL, WEBER, and TANNER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
•
Ra elle . Klassen, secrAary
Palm Desert Housing Authority
Van G. Tanner, Chairman
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San Benito Lots 98 & 99