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HomeMy WebLinkAboutRes OB-094 (2)OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY STAFF REPORT REQUEST: APPROVAL TO TRANSFER VARIOUS GOVERNMENTAL USE PROPERTIES FROM SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY TO THE CITY OF PALM DESERT AS IDENTIFIED ON THE APPROVED LONG RANGE PROPERTY MANAGEMENT PLAN SUBMITTED BY: Martin Alvarez, Director of Economic Development DATE: October 14, 2014 CONTENTS: Resolution No. OB - 094 State Department of Finance Correspondence dated June 2, 2014 State Department of Finance Correspondence dated June 24, 2014 Recommendation That the Oversight Board of the Successor Agency to the Palm Desert Redevelopment Agency waive further reading and adopt a Resolution No. OB -094 approving the transfer of various Governmental Use properties from the Successor Agency the Palm Desert Redevelopment Agency to the City of Palm Desert as identified on the Successor Agency approved Long Range Property Management Plan. Background On May 16, 2013, the State Department of Finance (DOF) issued a Finding of Completion to the Successor Agency to the Palm Desert Redevelopment Agency (Successor Agency). Pursuant to Health and Safety Code (HSC) Section 34191.5(b), the Successor Agency submitted its' Long Range Property Management Plan (Management Plan) to the DOF on June 27, 2013. The Management Plan was revised and re -submitted to the DOF on February 27, 2014 and May 7, 2014. On June 2, 2014, staff received correspondence from the DOF approving the Successor Agency's Long Range Property Management Plan (see attached correspondence). Discussion The approved Management Plan identifies the disposition strategies for all Successor Agency owned parcels. The first category of parcels identified on the Management Plan is those that will be sold for fair market value with proceeds from the sale being distributed to the taxing entities. These properties are being strategically placed on the open market. Oversight Board Staff Report Long Range Property Management Plan -Government Use Properties October 14, 2014 Page 2of2 The second category of parcels identified on the Management Plan consists of parcels that are classified for Government Use with the ability to transfer to the City of Palm Desert. The first batch of properties listed on the Management Plan were presented and approved by the Oversight Board on June 16, 2014. On June 24, 2014 the DOF approved the transfer of the Governmental Use properties to the City of Palm Desert. The remaining batch of Governmental Use properties listed on the Management Plan are summarized on the attached resolution, with exception of Properties 10(a) and 10(b) Cal -State University San Bernardino — Palm Desert Campus, which are to be transferred at a later date once an agreement with Cal State San Bernardino has been approved by the Oversight Board and the DOF (see attached correspondence). The attached resolution will allow the transfer of the listed Governmental Use properties to the City of Palm Desert. Said properties are identified in the LRPMP as follows: • Property 12(b) — Pad B, Lot 8; APN: 620-400-008 & 620-420-010; • Property 12(c) — Pad C, Lot 11; APN: 620-450-011 & 620-450-015; • Property 12(d) — Pad D, Lot 14: APN: 620-450-021. Staff recommends that the Oversight Board approve the attached resolution. Fiscal Analysis Approval of the transfer of the designated Government Use properties to the City will transfer the property maintenance, utilities and liability responsibility to the City of Palm Desert. t. Submitted By. M66in Alvarez, Department Head: Rudy Acosta Director of Economic Development Assistant City Manager Reviewed: Paul S. Gibson, Director of Finance Aroval: /1. M. Wohlmuth, Executive Director \rda\Martin Alvarez\2014\OSB\LRPMP\OBSR GovtUse-LRPMP 10-14-14 doc (G. , Ktnruzm ,r) ABser4r) Nirri10.44L BY OVERSIGHT BOARD ON Le2_j4 -it:,1 VERIFIED BYE 2 Original on file with City Clerk's Office RESOLUTION NO. OB - 094 A RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY DIRECTING THE SUCCESSOR AGENCY TO CONVEY TO THE CITY OF PALM DESERT OF CERTAIN GOVERNMENTAL USE PROPERTIES PURSUANT TO THE LONG RANGE PROPERTY MANAGEMENT PLAN RECITALS: A. Pursuant to AB X1 26 (enacted in June 2011), as modified by 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 (the "Former Agency") was dissolved as of February 1, 2012 and the Successor Agency was established, and the Oversight Board to the Successor Agency (the "Oversight Board") was constituted. B. AB 1484 (enacted June 2012) amended and supplemented AB X1 26 (AB X1 26 and AB 1484, together, being referred to below as the "Dissolution Act"). C. Pursuant to the Dissolution Act, the Successor Agency is tasked with winding down the affairs of the Former Agency. D. Pursuant to Section 34175(b) of the California Health and Safety Code ("HSC"), all real properties of the Former Agency transferred to the control of the Successor Agency by operation of law. E. On May 5, 2014, the Oversight Board adopted Resolution No. OB-073, approving a long-range property management plan (the "LRPMP") which addresses the disposition of the real properties owned by the Successor Agency. F. As indicated in the DOF's letter dated June 2, 2014, the DOF has approved the LRPMP. G. Pursuant to HSC Section 34191.3, the DOF-approved LRPMP shall govern, and supersede all other provisions of the Dissolution Act relating to, the disposition and use of the real property assets of the Former Agency. H. The LRPMP, as approved by the DOF, provides for the transfer to the City of Palm Desert (the "City") certain properties (collectively, the "Governmental Use Properties") — identified in the LRPMP as follows: (i) Property 12(b) — Pad B, Lot 8; APN: 620-400-008 & 620-420-010; (ii) Property 12(c) — Pad C, Lot 11; APN: 620-450-011 & 620-450-015; (iii) Property 12(d) — Pad D, Lot 14: APN: 620-450-021. I. The Oversight Board is adopting this Resolution to direct the Successor Agency to complete the transfer the Governmental Use Properties pursuant to the LRPMP. -1- RESOLUTION NO. OB - 094 J. Notice of the proposed action presented in this Resolution was posted on the Successor Agency's website (being a page on the City's website) and at three public places: beginning on September 30 , 2014. NOW, THEREFORE, THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The above recitals, and each of them, are true and correct. Section 2. The Oversight Board hereby authorizes and directs the Successor Agency to complete the transfer of the Governmental Use Properties to the City in accordance to the LRPMP. The Chair (or in the Chair's absence, the Vice Chair) of the Board of Directors of the Successor Agency is hereby authorized to execute and deliver one or more grant deeds (and all other appropriate instruments) to complete such transfer. Section 3. The members of the Oversight Board and officers and staff of the Successor Agency are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable to effectuate this Resolution. Section 4. This Resolution shall become effective in accordance with HSC Section 34181(f). APPROVED and ADOPTED this day of , 2014. AYES: NOES: ABSENT: ABSTAIN: ROBERT A. SPIEGEL, CHAIR ATTEST: RACHELLE D. KLASSEN, SECRETARY OVERSIGHT BOARD FOR THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY NOTICE OF ADJOUNED REGULAR MEETING OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY Proposed Adoption of: A Resolution Directing the Conveyance of Certain Governmental Use Properties to the City of Palm Desert Pursuant to the Long Range Property Management Plan Date: October 14, 2014 Time: 1:30 P.M. or as soon thereafter as the matter may be heard Place: Administrative Conference Room, located at Palm Desert City Hall, 73-510 Fred Waring Drive, Palm Desert, California NOTICE IS HEREBY GIVEN that at the meeting of the Oversight Board (the "Oversight Board") of the Successor Agency to the Palm Desert Redevelopment Agency (the "Successor Agency") to be held on October 14, 2014, at 1:30 P.M., or as soon thereafter as possible, the Oversight Board will consider the adoption of a resolution directing the conveyance to the City of Palm Desert (the "City") multiple governmental use properties pursuant to the Successor Agency's Long Range Property Management Plan. Such Long Range Property Management Plan has been approved previously by the Oversight Board and the California State Department of Finance. Interested persons are invited to attend this meeting and be heard regarding this matter. An individual who challenges any decision regarding the proposed action in court may be limited to raising only those issues such individual or someone else raised at the meeting described in this notice or in written correspondence delivered to the Oversight Board at, or prior to, the meeting. Due to the time constraints and the number of persons wishing to give oral testimony, time restrictions may be placed on oral testimony at the meeting regarding the proposal. Any interested person may wish to make comments in writing to assure that the relevant views are expressed adequately. Written comments may be submitted to the Oversight Board prior to the time set for the meeting, to the attention of the Secretary of the Oversight Board at 73-510 Fred Waring Drive, Palm Desert. Further information may be obtained by contacting Martin Alvarez, Dir. of Economic Development, at 73-510 Fred Waring Drive, Palm Desert, or by telephone at (760) 346-0611, Ext 467or by email at malvarez(ucityofpalmdesert.org. In compliance with the Americans with Disabilities Act. if you need special assistance to participate in an Oversight Board meeting, please contact the Office of the City Clerk of the City of Palm desert at (760) 346- 0611. Notification at least 48 hours prior to the meeting or time when services are needed will assist the Oversight Board staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. Assisted hearing devices will be available at this hearing without prior notification Dated this da . 2014 - •— � Rac cllc D. Klassen, Secretary to the Successor Agency to the Palm Desert Redevelopment Agency EXHIBIT A GOVERNMENTAL USE PROPERTIES Property 12(b) — Pad B. Lot 8 — 3.028 acre portion of APN: 620-400-008 and 620-420-010; Property 12(c) — Pad C, Lot 11 — 0.75 acre portion of APN: 620-450-011 and 0.04 acre portion of 620- 450-015; Property 12(d) — Pad D, Lot 14 — 2.10 acre portion of APN: 620-450-021; t.$T o . ciIIII PI ¥ DEPARTMENT OF Nor.R$ F I N A N C E June 2, 2014 Ms. Veronica Tapia, Management Analyst II City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Dear Ms. Tapia: EDMUND G. BROWN JR. • GOVERNOR 91 5 L STREET ■ SACRAMENTO CA ■ 9581 4.3705 • WWW.00F.OA.00V Subject: Long -Range Property Management Plan Pursuant to Health and Safety Code (HSC) section 34191.5 (b), the Palm Desert Successor Agency (Agency) submitted a Long -Range Property Management Plan (LRPMP) to the California Department of Finance (Finance) on June 27, 2013. The Agency subsequently submitted two revised LRPMPs to Finance on February 27, 2014 and May 7, 2014, respectively. Finance has completed its review of the LRPMP, which may have included obtaining clarification for various items. The Agency received a Finding of Completion on May 16, 2013. Further, based on our review and application of the law, we are approving the Agency's use or disposition of all the properties listed on the LRPMP. Our approval of the LRPMP also took into account the corresponding Resolution No. 2014-39, which specified the City of Palm Desert's intent and commitment to utilize the Joslyn Senior Center Expansion parcels, Property Nos. 2(a) and 2(b) on the LRPMP, for government purpose to facilitate the future expansion of the Joslyn Senior Center. Additionally, the following issue was noted during our review, but does not require a revised plan to be submitted: • Property No. 13 — The Agency desires to transfer this property to the Palm Desert Housing Authority (Authority) to develop an affordable housing complex. This property was listed on a Housing Assets Transfer Form submitted to Finance on July 31, 2012 and was approved as a housing asset in our letter dated August 31, 2012. Therefore, it was not necessary to list it in the LRPMP. In accordance with HSC section 34191.4, upon receiving a Finding of Completion from Finance and approval of a LRPMP, all real property and interests in real property shall be transferred to the Community Redevelopment Property Trust Fund of the Agency; unless that property is subject to the requirements of an existing enforceable obligation. Pursuant to HSC section 34191.3 the approved LRPMP shall govern, and supersede all other provisions relating to, the disposition and use of all the real property assets of the former redevelopment agency. Ms. Veronica Tapia June 2, 2014 Page 2 Agency actions taken pursuant to a Finance approved LRPMP which require the Agency to enter into a new agreement are subject to oversight board (OB) approval per HSC section 34181 (f). Any OB action approving a new agreement in connection with the LRPMP should be submitted to Finance for approval. Please direct inquiries to Beliz Chappuie, Supervisor, or Susana Medina Jackson, Lead Analyst at (916) 445-1546. Sincerely, -YN HOWARD Assistant Program Budget Manager cc: Ms. Janet Moore, Director of Housing, City of Palm Desert Ms. Pam Elias, Chief Accountant Property Tax Division, Riverside County Auditor -Controller Ms. Elizabeth Gonzalez, Bureau Chief, Local Government Audit Bureau, California State Controller's Office California State Controller's Office ENT o Fuji», o Illl �R 4 ti z DEPARTMENT OF June 24, 2014 Ms. Veronica Tapia, Management Analyst II City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Dear Ms.Tapia: EDMUND G. BROWN JR, • GOVERNOR 91 5 L STREET • BACRAMENTO CA ■ 9591 4-3706 • WWW.DCIr.CA.tlOV Subject: Approval of Oversight Board Action The City of Palm Desert Successor Agency (Agency) notified the California Department of Finance (Finance) of its June 16, 2014 Oversight Board (OB) resolution on June 19, 2014. Pursuant to Health and Safety Code (HSC) section 34179 (h), Finance has completed its review of the OB action. Based on our review and application of the law, OB Resolution No. OB-080, approving the transfer of the following governmental use properties to the City of Palm Desert pursuant to the approved Long -Range Property Management Plan (LRPMP), is approved. LRPMP No. 2 (a) 2 (b) 3 4 5 6 (a) 6 (b) 6 (c) 10 Description 44215 San Pascual Pueblos East, 73697 Santa Rosa Way Haystack Adobe Villas, 45330 Ocotillo Drive San Pablo/Fred Warning Drive 43915 Portola Avenue 43895 Portola Avenue 43845 Portola Avenue Cal State San Bernardino — Future Fire Station 11 (d) North Sphere 11 (e) North Sphere 11 (h) North Sphere 12 (b) Desert Willow Pad B 12 (c) Desert Willow Pad C 12 (d) Desert Willow Pad C 12 (f) Desert Willow Pad C 14 Hillside APN 627-102-017 627-102-019 630-250-022 627-232-005 627-101-038 & 627-101-039 622-200-053 622-200-054 622-200-056 894-160-003 694-300-006 694-300-007 694-310-005 620-400-008 & 620-420-010 620-450-011 & 620-450-015 620-450-021 620-400-028 628-120-001 All/Portion All All All All 0.177 acre All All All 2.67 acres 0.038 acre 0.321 acre 3 acres 3.028 acres 0.04 acre 2.1 acres 4,328 acres All The disposition authorized through OB Resolution No. OB-080 is consistent with the LRPMP approved on June 2, 2014 by Finance. Mrs. Veronica Tapia June 24, 2014 Page 2 Please direct inquiries to Beliz Chappuie, Supervisor, or Susana Medina Jackson, Lead Analyst at (916) 445-1546. Sincerely, l V, \'�1JTY HARD Assistant Program Budget Manager cc: Ms. Janet Moore, Director of Housing, City of Palm Desert Ms. Pam Elias, Chief Accountant Property Tax Division, Riverside County Auditor -Controller Ms. Elizabeth Gonzalez, Bureau Chief, Local Government Audit Bureau, California State Controller's Office California State Controller's Office 12(f) --- DESERT WILLOW 11.1 12(b) ESERT WILLO HOVDV LN E 2(a-b) JOSELYN SENIOR pre.4014, 't,:'.. -; '•.. CENTER EXPANSIONeN 6(a-c) .-- *kIA PORTOLA AVE ROADWAY ...) ' ' 7 Tp .! Y WIDENING PROJECT ‘,.• LONG RANGE PROPERTY MANAGEMENT PLAN 10(a-b) CAL STATE SAN BERNARDINO UNIVERSITY WIXoNcS14ALLS DR" ,"".1716111/4141,..„, - ^ • WV_ HAYSTACR.RD. 14 HILLSIDE • OPEN SPACE — rrtl 3 HAYSTACK OPEN SPACE RETAIN FOR GOVERNMENT USE