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Staff Rpt 2023-01-17 HA - Prop Acq PSA Dune Palms Rd & Hwy 111 from Blackpoint PropertiesHOUSING AUTHORITY MINUTES TUESDAY, JANUARY 17, 2023 CALL TO ORDER A regular quarterly meeting of the La Quinta Housing Authority was called to order at 7:07 p.m. by Chairperson Sanchez. PRESENT: Authority Members: Fitzpatrick, McGarrey, Pena, and Chairperson Sanchez ABSENT: Authority Member Evans VERBAL ANNOUNCEMENT — Authority Secretary Radeva made the required AB 23 announcement. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA — None CONFIRMATION OF AGENDA — Confirmed CONSENT CALENDAR 1. APPROVE HOUSING AUTHORITY SPECIAL MEETING MINUTES OF DECEMBER 20, 2022 MOTION — A motion was made and seconded by Authority Members Pena/ McGarrey to approve the Consent Calendar as recommended. Motion passed: ayes — 4, noes — 0, abstain — 0, absent — 1 (Evans). BUSINESS SESSION 1. ADOPT RESOLUTION TO APPROPRIATE FUNDS AND APPROVE AN AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS WITH BP DUNE PALMS, LP, BY GENERAL PARTNER BLACKPOINT PROPERTIES, LLC, TO ACQUIRE A PORTION OF CERTAIN REAL PROPERTY COMPRISED OF APPROXIMATELY 5.2 ACRES, LOCATED ON THE NORTHEAST CORNER OF HIGHWAY 111 AND DUNE PALMS ROAD (APN: 600-030-018); CEQA: THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15061(b)(3) COMMON SENSE EXEMPTION [RESOLUTION NO. HA 2023-001] Authority waived presentation of the staff report. Council discussed the front footage of the property needs to be designed in accordance with the Highway 111 Corridor revisioning plan. HOUSING AUTHORITY MINUTES Page 1 of 2 JANUARY 17, 2023 MOTION — A motion was made and seconded by Councilmembers Pena/ Fitzpatrick to appropriate funds from Fund 249 — Successor Agency 2011 Low/Mod Bond Fund in the amount of $2,237,183 and Unassigned Reserves in the amount of $1,387,009 to be transferred to the Land Acquisition account (Account No. 249-0000-74010), to be used for this property acquisition and all associated closing costs and to adopt Resolution No. HA 2023-001 to: 1) Find the project exempt from environmental review pursuant to California Environmental Quality Act Section 15061 (b)(3) "Common Sense Exemption;" and 2) Approve an Agreement for Purchase and Sale and Escrow Instructions with BP Dune Palms, LP, by General Partner Blackpoint Properties, LLC, to acquire a portion of certain vacant real property comprised of approximately 5.2 acres, located on the northeast corner of Highway 111 and Dune Palms Road (APN: 600-030-018); and 3) Authorize the Executive Director to execute the agreement substantially in the form attached, allowing for minor and non -substantive changes: A RESOLUTION OF THE LA QUINTA HOUSING AUTHORITY OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS BETWEEN THE LA QUINTA HOUSING AUTHORITY AND BP DUNE PALMS, LP, BY GENERAL PARTNER BLACKPOINT PROPERTIES, LLC, FOR A PORTION OF CERTAIN VACANT REAL PROPERTY COMPRISED OF APPROXIMATELY 5.2 ACRES, LOCATED ON THE NORTHEAST CORNER OF HIGHWAY 111 AND DUNE PALMS ROAD; IDENTIFIED AS ASSESSOR'S PARCEL NUMBER 600-030-018 Motion passed: ayes — 4, noes — 0, abstain — 0, absent — 1 (Evans). HOUSING AUTHORITY MEMBERS' ITEMS — None ADJOURNMENT There being no further business, it was moved and seconded by Authority Members Pena/Fitzpatrick to adjourn at 7:14 p.m. Motion passed: ayes — 4, noes — 0, abstain — 0, absent — 1 (Evans). Respectfully submitted, MONIKA RADEVA, Authority Secretary La Quinta Housing Authority HOUSING AUTHORITY MINUTES Page 2 of 2 JANUARY 17, 2023 BUSINESS SESSION ITEM NO. 1 City of La Quinta HOUSING AUTHORITY MEETING: January 17, 2023 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION APPROVING AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS WITH BP DUNE PALMS, LP, BY GENERAL PARTNER BLACKPOINT PROPERTIES, LLC, TO ACQUIRE A PORTION OF CERTAIN REAL PROPERTY COMPRISED OF APPROXIMATELY 5.2 ACRES LOCATED ON THE NORTHEAST CORNER OF HIGHWAY 111 AND DUNE PALMS ROAD (APN: 600-030-018); CEQA: THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15061 (b)(3) "COMMON SENSE EXEMPTION" RECOMMENDATION Adopt a resolution to (1) find the project exempt from environmental review pursuant to California Environmental Quality Act Section 15061 (b)(3) "Common Sense Exemption" and (2) approve an Agreement for Purchase and Sale and Escrow Instructions with BP Dune Palms, LP, by General Partner Blackpoint Properties, LLC, to acquire a portion of certain vacant real property comprised of approximately 5.2 acres, located on the northeast corner of Highway 111 and Dune Palms Road (APN: 600-030-018); and authorize the Executive Director to execute the agreement substantially in the form attached, allowing for minor and non -substantive changes. EXECUTIVE SUMMAKY • The Housing Authority (Authority) is looking to purchase approximately 5.2 acres of vacant real property located west of the Home Depot Center on Highway 111, on the northeast corner of Highway 111 and Dune Palms Road ("Property") (Attachment 1), for an affordable housing development. • Property would be acquired using a mix of Authority funds and Unassigned Reserves funding and will have a future affordable housing development. • Purchase of Property would further the City's goals of fostering mixed- use development, affordable housing, multi -modal transportation, and development of the Highway 111 Corridor as outlined in General Plan 2035. FISCAL IMPACT Total Property acquisition cost is $3,624,192 ($16 per square foot for 5.2 acres). An appropriation of funds from Fund 249 - Successor Agency (SA) 2011 Low/Mod Bond Fund is requested in the amount of $2,237,183 and Unassigned Reserves in the amount of $1,387,009 to be transferred to the Land Acquisition account (Account No. 249-0000-74010), which will be used for the Property acquisition and all associated closing costs. BACKGROUND/ANALYSIS The Property is proposed to be developed as an affordable housing development with a connecting thoroughfare to CV Link. The Property would be acquired using a mix of Authority funds and General Plan Unassigned Reserves funds. Development of the Property would support affordable housing development as part of the Regional Housing Needs Assessment (RHNA) requirement for the City, provide commercial opportunities for businesses, and would further the development of the Highway 111 Corridor Plan, which emphasizes mixed-use development. Before the Authority can acquire the approximately 5.2 acres, the Property must be subdivided in accordance with State and City laws under the Subdivision Map Act (Gov. Code, § 66410 et seq.). Seller DP Dune Palms (Seller) would be responsible for processing the required subdivision map through the ordinary course as for any similarly situated parcel map brought before the City. The proposed Agreement for Purchase and Sale and Escrow Instructions (Agreement) includes as a condition precedent to closing escrow, along with other conditions, the approval and recording of a City -approved parcel map. Assuming the subdivision of the Property is approved, the Seller will retain the southern portion of the Property along Highway 111 comprised of two (2) new parcels (proposed parcels 2 and 3), and the Authority will buy the northern portion, approximately 5.2 acres (proposed parcel 1) that affronts Dune Palms Road and the All American Flood Control Channel (Channel), as depicted in the exhibits attached to the Agreement. Seller has requested, as part of the transaction, the Authority be responsible for completing any required undergrounding of electrical and teleconferencing utilities along Dune Palms Road, including the portion of the Seller's retained southern portion that runs from the southern boundary of the Channel to Highway 111. The Seller would be responsible for completing any required undergrounding of such utilities along Highway 111. 8 Additionally, the Seller anticipates installing a privately owned stormwater outflow line from the Seller's retained portion of the Property, over the Authority's northern portion of the Property, and into the Channel, as depicted in Exhibit F attached to the Agreement. Seller has requested that the Authority reimburse its proportionate costs, based upon the respective land area of the northern Property and the southern Property, attributed to the Authority's use of this outflow line pursuant to a separate reimbursement agreement, including the cost incurred to address the surface stormwater running through the main drive, and the cost of all related facilities in connection to this, that must be approved and signed by the parties as a condition to closing escrow. Because the stormwater and electric/teleconferencing utility work may not be required or pursued, there are no estimated costs at this time to present to the Authority for consideration. When costs for stormwater and or utility work is known and/or required, Staff will return to the Authority to provide an update and request any additional funding associated with these improvements. AGENCY REVIEW The Housing Commission considered this item at the November 9, 2022, special meeting, and recommended Authority approval of the proposed Property acquisition. The Planning Commission considered this item at the December 13, 2022, regular meeting, and adopted Planning Commission Resolution No. 2022-026 finding the proposed Property acquisition consistent with the La Quinta General Plan and exempt from environmental review pursuant to California Environmental Quality Act Section 15061 (b)(3) "Common Sense Exemption." ENVIRONMENTAL REVIEW The La Quinta Design and Development Department has determined that this project is exempt from environmental review pursuant to Section 15061(b)(3) "Common Sense Exemption," in that the action of purchasing this Property would not have a significant effect on the environment. ALTERNATIVES The Authority may elect not to proceed with this proposed acquisition. Prepared by: Approved by: Attachment: Gilbert Villalpando, Director, City Manager's Office Jon McMillen, Executive Director 1. Agreement for Purchase and Sale and Escrow Instructions 9 kale 1 inch = 150 Feet 0 150 300 ST ORMWArea CHANNEL H TRA 020-134 8.02AC61I- h4 bqo )o O vo Ooo so o0 29 PAR 1 8 LOD AC 165.96 1.49981 PAR 4 46 3.36 AC 297.01 1135.89 PAR 2 ® 1.00 AC • 15509 HIGHWAY 111 PAR A to LEGEND ■ Fee, Property in Question Item 1/0,5- Easement for 501/115 road and utllpy 03122YI90a, Book 122, Page 274, of Official Records Affects as deserlbed therein Item No. 6- Easement for slope 09112YI969, Instrument No. 97998, of Official Records Affects as described therein Item No. 7 - Easement for pipeline 021101200A !mall -amend Ne_ 2009-0102470, of Official Records Affects as described therein Item No. 8- Easement for reciprocal and access 00520/2009. Instrument No 2008-0219086. et 01710121 R900,0S Affects as descabed therein Nem No. 10 . Easement for pipeline 0352912006, Instrument No. 2008.224084, of Official Records Affects as described therein Nem No. 11 - Easement for highway 111 widening (Retention Basin) 02101/2007, Instrument No. 20014016261, of 0720121 Records 0212512007, Instrument No. 2007-0100825 of Official Records Affects as described therein Item No 12 - Easement for public utilities Odd 0 01, Instrument No. 2007-0312286, of Official Records Affects as described therein Fidelity National Title Company 1300 Dave Stree, 3M Roof Neuf, Beeth, CA 92.0 Phare: (240) 782-2800 Fax (849)341-0251 Tele Order N0. 04201050, 51e1Im:M25 Report 08ted as 07 July 10, 2019 03wi10/ 0310 July 18, 2019 - FT Reference: A33362006 501501 100. 000-030-010-0 Property: vacant Land (Hwy 111 and Dunes Palm Road), La 0uin1a, Slate Of Caltforme Data: metalWe 0 in Me.tel 0vn ed Rood, rho Tao 2.00,50i0N0seeeet.,!40al2 2,20000 presoummmeeey lb Corn,et' not hour P111 Showing that pollen of the West 1-111701 the West Ha If 08660 Northeast Quarter of Section 29, Township 5 Soutn, Range 7 East, San Bernardino Base ane Mendian, In the County of lilversele State 51 Galore. 1BLKPNT/0026/PSA/01936165.DOCX 11 } 698/015610- 0040 18532321.9 a01110123 EXHIBIT "A" -3- 45 EXHIBIT "B-1" SITE DEPICTION MAP +1- 5.1 ACRES RESIDENTIAL @ 24 UNITS//AC = +/- 120 UNITS {BLKPNT/0026/PSA/01936165.DOCX 11 } 698/015610- 0040 18532321.9 a01/10/23 EXHIBIT "B" -1- 46 G • mu. e2 Awa H.Mxay DHHG rer,a N TENTATIVE PARCEL MAP N0. ___ NORTHEAST CORNER OF HIGHWAY 111 A DUNES PALMS ROAD ` N THE UN OF LA QUINT*, COUNTY OF RIVERSIDE. STATE OF CAUEORNIA {BLKPNT/0026/PSA/01936165.DOCX 11 } 698/015610- 0040 18532321.9 a01/10/23 EXHIBIT "B" -3- Jos_ » C Tiuxaw and Associates, Inc. ChM EW9iaeeis arid Land Surveyors HU A ruov.4,rNo. —1a. avey. u ,tae PIO *0.2265 &rams 48