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HomeMy WebLinkAboutMemorandum & Email Tract 2977 Unit 1-851 Humbertcity OF u�iullelli;'llll ° °' �glllll $an Luis OBISPO MEMORANDUM October 30, 2012 TO: April Richardson, City Manager's Office FROM: Diane Dostalek, Engineering Consultant 783 -7704 SUBJECT: Tract 2977 Unit 1 — 851 Humbert In order to facilitate an affordable housing development at 851 Humbert, a Real Property Exchange Agreement and Environmental Indemnity Agreement with the Housing Authority of the City of San Luis Obispo was approved by City Council on October 16, 2012, by Council Resolution No. 10403 (2012 Series). The City Attorney's office has confirmed that David Booker can remain on the HALSO Board, and is therefore eligible to sign on HASLO's behalf as Chairman. (see attached email from Andrea Visveshwara) Please have the City Manager sign the two documents, have her signature notarized, and have the City Clerk attest where noted. Return signed originals to me for further processing. Dostalek, Diane From: Visveshwara, Andrea Sent: Monday, October 29, 2012 4:39 PM To: 'ssmith @haslo.org'; 'michaelb @haslo.org' Cc: Dietrick, Christine; Dostalek, Diane; Grimes, Maeve Subject: FW: Housing Authority Appt_Status of Dave Booker's Chair Hello Scott and Michael, I am following up as to whether David Booker can still remain on the HASLO board, even though he no longer resides in the City. Section 1202 of the City Charter provides that certain advisory bodies may have members that are not residents of the City. Further, the City Council's Policies and Procedures specify that members appointed to HASLO do not need to be City residents. The absence of the requirement for City residence to be appointed to the HASLO board is consistent with Housing Authority Law (H &S Code sec. 34200, et seq.), specifically H &S Code sec. 34270. (See 21 Op.Atty.Gen. 40.) There was some confusion as to whether the residency requirements of H &S Code section 34270.1 applied, but after further research, it appears that provision applies only to San Francisco Housing Authority, which is the only housing authority for both a city and county. In sum, Mr. Booker can remain on HASLO's board even if he is no longer a City resident. (See H &S Code sec. 34270 [setting forth requirements for commissioners].) However, in the course of getting to the bottom of the issue, I'm a little confused as to whether HASLO is operating outside of City jurisdiction. The website talks about a project in Paso Robles, and in addition, my understanding is that HASLO implements Section 8 for the whole county. If HASLO is operating outside of City jurisdictional limits, I'd like to understand under what authority. Thank you for your help and patience! Andrea Visveshwara Assistant City Attorney City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Tel: (805) 781 -7140 Fax: (805) 781 -7109 From: Visveshwara, Andrea Finailto:avisveshCcbslocity.org1 Sent: Wednesday, October 24, 2012 2:33 PM To: Michael Burke Subject: RE: Housing Authority Appt_Status of Dave Booker's Chair Hi Michael, I just wanted to let you know that we are looking into the issue. Andrea Visveshwara Assistant City Attorney City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Tel: (805) 781 -7140 Fax: (805) 781 -7109