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Home My WebLink About15 Res SA-RDA-086 re APN 694-310-006 not subject to SLA1�1 Na 6A'H[ �d " �`�`" " �O �-I CONTINUEDTQ_._/..�_"_�.Q __-��02� STAFF REPORT � p�ES TO 2N0 READING SUCCESSOR AGENCY TO THE PALM DESERT RE:DEVELOPMENT AGENCY ECONOMIC DEVELOPMEIVT MEETING DATE PREPARED BY October 14, 2021 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 Requiremerits of the Surplus Land Act. Recommendation That the Successor Agency Board: 2 3 Waive further reading and adopt Successor Agency Resolution No. SA-RDA-086, a resolution finding that the real prope�ty owned by the Successor Agency to the Palm Dese�t 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); Authorize staff to submit a copy of this resolution for review by the California Department of Housing and Community Development ("HCD"); and 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. Strateqic Plan Land Use, Housinq 8� 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. Backqround The California Surplus Land Act (Govemment Code 54220 et seq.) ("SLA" or the "Act") govems 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. � , �� z � * � � o F � N � � o � � W z y� W O Q �\u a Lj'] O 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 Page 2 of 3 12812-0001\2574411v1.doc 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] RESOLUTION NO. SA-RDA – 086 Page 3 of 3 12812-0001\2574411v1.doc 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 RESOLUTION NO. SA-RDA – 086 Exhibit A – Page 1 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: RESOLUTION NO. SA-RDA – 086 Exhibit A - Page 2 12812-0001\2574411v1.doc Vitalia Apartments Gerald Ford Drive, west of Portola Drive Palm Desert, California