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Home My WebLink AboutResolution 2012-63 - Amendment Section 7 of Resolution 97-104 - Establish the Palm Desert Housing AuthorityCITY OF PALM DESERT STAFF REPORT REQUEST: ADOPT RESOLUTION NO. 2012- 63 AMENDING SECTION 7 OF RESOLUTION NO. 97-104 WHICH ESTABLISHED THE PALM DESERT HOUSING AUTHORITY SUBMITTED BY: Janet M. Moore, Director of Housing DATE: September 13, 2012 CONTENTS: Resolution No. 2012- 63 Resolution No. 97-104 (Establishment of the Housing Authority) Recommendation That the City Council waive further reading and adopt Resolution No. 2012-63 amending Section 7 of Resolution No. 97-104 which established the Palm Desert Housing Authority ("Authority") as it relates to the appointment of staff to the Authority. Executive Summary When the Authority was established, the staff serving the City Council and the Palm Desert Redevelopment Agency ("Agency") was appointed to be the staff of the Authority. Due to the elimination of the Agency there is no longer any City staff assigned to the Agency. Staff recommends amending Section 7 of Resolution 97- 104 to appoint the City Manager as the Executive Director of the Authority and authorize him/her to assign and direct staff of the City to perform duties of the Authority. Discussion On December 11, 1997, the City Council determined and declared the need for a housing authority and established the Authority by Resolution No. 97-104. Section 7 assigned the staff serving the City Council and the Agency, as staff of the Authority. The Authority's primary duty was to operate Agency owned rental properties. With the elimination of redevelopment, there is no longer any staff members assigned to the Agency. References to the Executive Director of the Agency now need to be redefined. Staff Report Resolution No. 2012 September 4, 2012 Page 2of2 On February 9, 2012, the City designated the Palm Desert Housing Authority as the successor housing entity for all housing activities formerly completed by both the Agency and Authority. At the time of the elimination, the Executive Director of the Agency was and currently is the City Manager. As such, staff recommends that the City Council appoint the City Manager as the Executive Director of the Authority and amend the above noted section of Resolution No. 97-104 accordingly. Fiscal Impact There is no fiscal impact with this request. Submitted by: Jan M. Moore, Director of Housing JM aul S. Gibson, Director of Finance APPROVAL: ILJohn M. Wohlmuth, City Manager CITY COUNCELA" APPROVED .._ nENIED RE9)EtVED _ , , OTHER.�.1L3�1� _.. MEETI G DATE AYES Qi NOES: ABSENT: ABSTAIN: VERIFIED BY: Original on File with G:\RDA\HOUSING\PATTY LEONUMM\STAFF REPORT\CITY - AMENDING RESOL 97-104 STAFF REV I DOC erk's Office RESOLUTION NO. 2012- 63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT AMENDING SECTION 7 OF RESOLUTION 97- 104 WHICH ESTABLISHED THE PALM DESERT HOUSING AUTHORITY RECITALS: A. By its Resolution No. 97-104, adopted December 11, 1997, the City Council of the City of Palm Desert ("City") determined and declared the need for a housing authority to function in the City and established the Palm Desert Housing Authority ("Authority") in accordance with California Health and Safety Code Section 34200 et. seq. (the "Law"). B. The City Council declared itself to be the Commissioners of the Authority and further declared that all the rights, powers, duties, privileges and immunities vested by the Law in commissioners of an authority shall be and are vested by the Law in the City Council. C. The City Council appointed the staff serving the City Council and the Palm Desert Redevelopment Agency to be the staff of the Authority. D. AB X1 26 was signed by the Governor of California on June 29, 2011, making certain changes to the Community Redevelopment Law (Part 1 commencing with Section 33000 of Division 24 of the California Health and Safety Code including adding Part 1.8 and Part 1.85 which effectively eliminate redevelopment agencies. E. The California Redevelopment Association and the League of California Cities filed a lawsuit in the Supreme Court of California (Califomia Redevelopment Association, et al. v. Matosantos, et al. Case No. S194861) challenging the constitutionality of AB X1 26. On December 29, 2011 the Supreme Court issued its opinion in the Matosantos case largely upholding AB X1 26 and delayed the effective dates in Part 1.85 for the elimination of redevelopment agencies to February 1, 2012. F. In response to the elimination of the Palm Desert Redevelopment Agency, the City Council wishes to adopt this resolution amending Section 7 of Resolution No. 97-104 as it relates to the appointment of staff to the Authority. RESOLUTION NO. 2012- 63 THE CITY COUNCIL OF THE CITY OF PALM DESERT HEREBY FINDS, ORDERS, DECLARES AND RESOLVES AS FOLLOWS: Section 1. The City Council hereby amends Section 7 of Resolution No. 97-104 to appoint the City Manager as the Executive Director of the Authority and to authorize the City Manager to assign staff of the City to perform duties of the Authority as directed by the City Manager. PASSED, APPROVED AND ADOPTED this 13th day of September, 2012. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Rachelle Klassen, City Clerk Robert A. Spiegel, Mayor Wrda\HOUSING\Patty Leon\JMM\staff report\RESOLUTIONS\CC Resolution regarding Housing Authority Staff.doc RESOLUTION NO. 97-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT ESTABLISHING A HOUSING AUTHORITY PURSUANT TO THE HOUSING AUTHORITIES LAW THE CITY COUNCIL OF THE CITY OF PALM DESERT HEREBY FINDS, ORDERS, DECLARES AND RESOLVES AS FOLLOWS: Section 1. The Housing Authorities Law (California Health and Safety Code Section 34200 gt. =.) (the "Law") provides that in each city there is a public body, corporate and politic known as the housing authority of the city. Section 34240 of the Law provides that the authority shall not transact any business or exercise its powers unless, by resolution, the governing body of the city declares that there is a need for an authority to function in it. Section 2. The State Legislature has declared that there exist in the State unsanitary or unsafe dwelling accommodations and that persons of low income are forced to reside in such accommodations; that within the State there is a shortage of safe or sanitary dwelling accommodations available at rents which persons of low income can afford and that such persons are forced to occupy overcrowded and congested dwelling accommodations; that these conditions cause an increase in and spread of disease and crime and constitute a menace to the health, safety, morals, and welfare of the residents of the State and impair economic values; that these conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety, fire and accident protection, and other public services and facilities. In addition, the State Legislature has declared that certain areas cannot be cleared, nor can the shortage of safe and sanitary dwellings for persons of low income be relieved, through the operation of private enterprise, and that the construction of housing projects for persons of low income would therefore not be competitive with private enterprise. Finally, the State Legislature has declared that the clearance, replanning, and reconstruction of the areas in which unsanitary or unsafe housing conditions exist and the providing of safe and sanitary dwelling accommodations for persons of low income are public uses and purposes for which public money may be spent and private property acquired and are governmental functions of state concern; that it is in the public interest that work on such projects be commenced as soon as possible in order to relieve unemployment which now constitutes an emergency; and the necessity in the public interest for the provisions of the Law is declared as a matter of legislative determination. Based on reports and other information presented to the City Council, the City Council hereby finds that either or both of the conditions described by the State Legislature in the first paragraph of this Section 2 exist in the City of Palm Desert (the "City"). In making this determination, the City Council took into consideration the factors set forth in Section 34243 of the Law. RESOLUTION NO. 97-1o4 Section 3. Based upon the above finding, the City Council hereby determines and declares that there is a need for a housing authority to function in the City. Section 4. The Palm Desert Housing Authority (the "Authority") is hereby established pursuant to the Law and is hereby authorized to transact business and to exercise its powers under the Law. Section 5. Pursuant to Section 34290 of the Law, the City Council hereby declares itself to be the Commissioners of the Authority and further declares that all the rights, powers, duties, privileges and immunities vested by the Law in commissioners of an authority shall be and are vested by the Law in commissioners are vested in the City Council. Section 6. Regular meetings of the Commissioners of the Authority shall be held on the day or days and at the time and place of regular meetings of the City Council. Section 7. The City Council hereby appoints the staff serving the City Council and the Palm Desert Redevelopment Agency to be the staff of the Authority. PASSED, APPROVED AND ADOPTED this 11 th day of December,1997, AYES: CRITES, FERGUSON. KELLY, SPIEGEL and BENSON NOES: NONE ABSENT: NONE ABSTAIN: NONE ram,, � y✓ Mayor ATTEST: Sheila kbilligan, City Cler 2