HomeMy WebLinkAbout11 Res SA-RDA-086 - APN 694-310-006 not subject to SLAMrINIS DATE �` ��— 0
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STAFF REPORT PASSES TO 2ND READING
SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY
ECONOMIC DEVELOPMENT
MEETING DATE: October 14, 2021
PREPARED BY: Martin Alvarez, Director of Economic Development
REQUEST: Adoption of a Resolution of the Board of the Successor Agency to
the Palm Desert Redevelopment Agency Finding that Real Property
Identified as approximate +/-11.94-acre portion of APN 694-310-
006 is Not Subject to Requirements of the Surplus Land Act.
Recommendation
That the Successor Agency Board:
1. Waive further reading and adopt Successor Agency Resolution No. SA-RDA-086,
a resolution finding that the real property owned by the Successor Agency to the
Palm Desert Redevelopment Agency ("SARDA") located in the City of Palm Desert
along Gerald Ford Drive, identified as the approximate +/-11.94-acre portion of
APN 694-310-006 is not subject to requirements of the Surplus Land Act (SLA);
2. Authorize staff to submit a copy of this resolution for review by the California
Department of Housing and Community Development ("HOD"); and
3. Authorize the Executive Director and staff in consultation with SARDA legal
counsel, to take any other actions they deem appropriate or necessary and are
consistent to effectuate the purposes of the proposed resolution.
Strategic Plan
Land Use, Housing & Open Space Priority 2: Facilitate development of high -quality housing for
people of all income levels. This request meets that objective by diversifying the City's housing
stock for very low and lower income households.
Background
The California Surplus Land Act (Government Code 54220 et seq.) ("SLA" or the "Act") governs
the sale of surplus land and requires local agencies to prioritize opportunities for certain uses of
surplus land, including affordable housing development. Land may be declared either "surplus
land" or "exempt surplus land" by the legislative body of the local agency as supported by written
findings.
Effective January 1, 2020, the SLA defines a "local agency" to include the SARDA. However,
Government Code Section 54234(b) provides that with respect to land that has been designated
in a successor agency's long-range property management plan for sale, the SLA, as it existed on
December 31, 2019, would apply to the disposition of the land if (i) an exclusive negotiating
agreement for disposition was entered into not later than December 31, 2020, and (ii) the
disposition is completed not later than December 31, 2022.
RESOLUTION NO. SA -RDA - 086
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT
AGENCY FINDING THAT REAL PROPERTY OWNED BY THE
SUCCESSOR AGENCY LOCATED IN THE CITY OF PALM DESERT
ALONG GERALD FORD DRIVE AND IDENTIFIED AS THE
APPROXIMATELY 11.94 ACRE PORTION OF APN 694-310-006 IS NOT
SUBJECT TO REQUIREMENTS OF THE SURPLUS LAND ACT, AND
TAKING RELATED ACTIONS
RECITALS:
A. Pursuant to AB X1 26 (which became effective in June 2011) (as
subsequently amended, the "Dissolution Act") and the California Supreme Court's
decision in California Redevelopment Association, et al. v. Ana Matosantos, et al., 53
Cal. 4th 231 (2011), the Palm Desert Redevelopment Agency ("Former Agency") was
dissolved as of February 1, 2012, and the City of Palm Desert elected to serve as the
successor agency to the Former Agency ("Successor Agency"); and
B. Pursuant to the Dissolution Act, properties of the Former Agency,
including the property located along Gerald Ford Drive and identified as the
approximately 11.94 acre portion of APN 694-310-006 in the City of Palm Desert (the
"Property") transferred to the Successor Agency by operation of law and the Successor
Agency owns the Property in fee simple. The Property is described on Exhibit "A",
attached hereto; and
C. On December 9, 2015, the California Department of Finance ("DOF")
approved the Successor Agency's Long Range Property Management Plan, as
amended ("LRPMP"), prepared pursuant to Health and Safety Code Section 34191.5,
which includes the Property and requires the Successor Agency to sell the Property;
and
D. The Surplus Land Act (Government Code Sections 54220-54234)
generally requires the governing board of a local agency that owns land in fee simple
which is not necessary for the agency's use to take formal action in a regular public
meeting to declare that the land is surplus land or exempt surplus land prior to
undertaking other action to dispose of the land; and
E. As amended by Assembly Bill 1486, which took effect on January 1, 2020,
the Surplus Land Act defines "local agency" for purposes of the Surplus Land Act to
include the Successor Agency, but Government Code Section 54234(b) also provides
that with respect to land that has been designated in a long range property
management plan pursuant to Health and Safety Code Section 34191.5 for sale, the
Surplus Land Act, as it existed on December 31, 2019, without regard to the changes
made to the Surplus Land Act by Assembly Bill 1486, shall apply to the disposition of
the land if (i) an exclusive negotiating agreement for disposition is entered into not later
RESOLUTION NO. SA -RDA — 086
than December 31, 2020 and (ii) the disposition is completed not later than December
31, 2022; and
F. The Surplus Land Act Guidelines issued by the Department of Housing
and Community Development ("HCD") to interpret and implement the Surplus Land Act
("Guidelines") provide that any determination by a local agency that its surplus lands are
exempt from the Surplus Land Act must be supported by written findings and shall be
provided to HCD at least 30 days prior to disposition; and
G. The Successor Agency entered into an exclusive negotiating agreement
with respect to the disposition of the Property with Pacific West Communities, Inc.,
dated October 21, 2020 ("ENA");
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SUCCESSOR
AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY DOES HEREBY
RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are a substantive part
of this Resolution.
SECTION 2. The Board of Directors hereby finds that because the Successor
Agency entered into the ENA with respect to the disposition of the Property prior to
December 31, 2020, the disposition of the Property is not subject to the Surplus Land
Act, provided that the disposition of the Property is completed not later than December
31, 2022.
SECTION 3. The staff of the Successor Agency are hereby authorized and
directed to submit a copy of this Resolution to HCD.
SECTION 4. The staff and officers of the Successor Agency are hereby
authorized, jointly and severally, to take any other such actions as they deem necessary
or proper to effectuate the purposes of this Resolution, and all actions previously taken
are hereby ratified.
SECTION 5. The Board of Directors hereby finds that appropriate environmental
review pursuant to the California Environmental Quality Act will be completed as part of
the process to dispose of the Property.
[SIGNATURES TO FOLLOW ON THE NEXT PAGE]
Page 2 of 3
12812-0001\2574411v1.doc
RESOLUTION NO. SA -RDA — 086
PASSED, APPROVED, AND ADOPTED this day of , 2021.
AYES:
NOES:
ABSENT:
ABSTAIN:
KATHLEEN KELLY
CHAIR OF THE SUCCESSOR AGENCY
TO THE PALM DESERT
REDEVELOPMENT AGENCY
ATTEST:
NORMA I ALLEY, MMC
SECRETARY OF THE
SUCCESSOR AGENCY TO THE
PALM DESERT REDEVELOPMENT
AGENCY
Page 3 of 3
12812-0001\2574411v1.doc
RESOLUTION NO. SA -RDA — 086
EXHIBIT "A"
LEGAL DESCRIPTION OF SUBJECT PROPERTY
The Land referred to herein below is situated in the City of Palm Desert, County of
Riverside, State of California, and is described as follows:
A PORTION OF PARCEL 1 OF THAT CERTAIN CERTIFICATE OF COMPLIANCE NO.
88-1, RECORDED JUNE 1, 1988 AS INSTRUMENT NO. 146461 OF OFFICIAL
RECORDS. IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, LOCATED IN THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 32, TOWNSHIP 4 NORTH, RANGE 6 EAST, SAN
BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 1;
THENCE NORTH 89°55'15" EAST, ALONG THE NORTHERLY LINE OF SAID PARCEL
1, SAID LINE ALSO BEING THE SOUTHERLY RIGHT-OF-WAY LINE OF GERALD
FORD DRIVE, A DISTANCE OF 514.35 FEET;
THENCE SOUTH 47°23'23" EAST, A DISTANCE OF 34.01 FEET;
THENCE SOUTH 00°03'36" WEST, A DISTANCE OF 942.64 FEET;
THENCE NORTH 89°56'24" WEST, A DISTANCE OF 539.40 FEET;
THENCE NORTH 00°03'36" EAST, ALONG THE WESTERLY LINE OF SAID PARCEL
1 AND THE SOUTHERLY EXTENSION THEREOF, A DISTANCE OF 964.39 FEET, TO
THE POINT OF BEGINNING;
SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF -
WAY OF RECORD.
CONTAINING 520,257 SQUARE FEET OR 11.943 ACRES MORE OR LESS.
AS DEPICTED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
THIS LEGAL DESCRIPTION DOES NOT DESCRIBE A LEGAL PARCEL OF LAND. IT
IS NOT TO BE USED FOR CONVEYANCE OR FINANCING OR ANY OTHER
PURPOSE THAT WOULD BE A VIOLATION OF THE CALIFORNIA SUBDIVISION MAP
ACT.
Exhibit A — Page 1
RESOLUTION NO. SA -RDA — 086
a'
EXHIBIT "B'
GERALD FORD DRIVE
N 89'5515" E 514.35' /A
P.D.&J S 4723'23" EJ
NW COR PARCEL 1 34.01'
CERTIFICATE OF COMPLIANCE
NO. B8-1 INST NO. 1988-146461
200'
400'
SCALE 1"-200'
N 00-03'36' E 984.39'
5 00'03'36" W
REMBRANDT PARKWAY
N 89'56'24" W 539.40' $$i1
PRC'MP\‘1p- 6Ft.
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RE
MSA CONSULTING, INC.
ti
PLANNING CIVIL ENGINEERING LAND SURVEYING
34200 BOB HOPE DRIVE, RANCHO MIRAGE, CA 92270
760.320.9811 MSACONSULTINGINC.COM
J.N. 2619
Exhibit A - Page 2
PORTOLA AVENUE
SHEET 1 OF 1.
12812-0001\2574411v1.doc
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