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HomeMy WebLinkAboutRES HA-87RESOLUTION NO. HA-87 A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY 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. C:\Users\gsanchez\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5COZ F5V\Resolution Extending Time for Development 10-11-18.doc RESOLUTION NO. HA-87 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 PALM DESERT HOUSING AUTHORITY BOARD 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, N ESTANDE, WEBER, and JONATHAN NOES: NONE ABSENT: NONE ABSTAIN: NONE SABBY JO ATHAN,-nAIRMAN ATTEST: R C S D SE ` S CRETA PALM DESERT HOUSING AUTHORITY Attachment A - Housing Asset Properties -2- C:\Users\gsanchez\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5COZBF5V\Resolution Extending Time for Development 10-11-18.doc RESOLUTION NO. HA-87 ATTACHMENT A C:\Users\gsanchez\AppData\Local\bticrosoft\Windows\Temporary Internet Files \Content.Outlook\5C07_BF5V\ Resolution Extending Time for Development 10-11-18.doc WAY NAY VO-00V0H33-73 SANTA ROSA WAY FRED_WARING_DR SANTA ROSA WAY SANTA ROSA WAY 3A1Y-7tT3S,Vd-NVS CATALINA WAY CATALINA WAY (i) 0 627-122-013 / 627-122-003 RESOLUTION NO. HA-87 CATALINA WAY (</ 4,c 2?.' J