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HomeMy WebLinkAbout1/18/2012 - STAFF REPORTS - 2.Q. ���QPLM S'09 iy c V N Cq<�FORN�P COUNCILICRA STAFF REPORT DATE: JANUARY 18, 2012 CONSENT CALENDAR SUBJECT: JOINT ITEM CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY WITH RESPECT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 33130 REDEVELOPMENT AREA PROPERTY DISCLOSURES. FROM: David H. Ready, City Manager BY: James Thompson, City Clerk SUMMARY California Health and Safety Code requires the City Council and the Board members of the Community Redevelopment Agency to receive written property related disclosures within the Redevelopment Project Area, and include such disclosures in the Minutes of the Agency and the City Council. RECOMMENDATION: Receive and file the California Health and Safety Code Section 33130 Project Area Property Disclosures for: 1) Councilmember Paul Lewin [reporting no disclosable interests] and 2) Mayor Steve Pougnet [reporting leasehold interest within a Project Area at 1010 South Palm Canyon Drive]. STAFF ANALYSIS: California Health and Safety Code Section 33130 requires any Agency or City officer or employee who is required to help formulate or approve plans or polices for project area redevelopment to disclose any direct or indirect financial interest in property within the Project Area; and prohibits certain acquisition of property within the project area. Additionally, the Health and Safety Code requires the disclosure be entered into the Minutes of the City Council and of the Agency Governing Body. ITEM NO.a— City Council Staff Report January 18, 2012-- Page 2 Project Area Property Disclosures FISCAL IMPACT: None. AMES THOMPSON, CITY CLERK DAVID H. READY, C NAGER Attachments: Health and Safety Section 33130 Disclosure Forms 02 AAM City of Palm Springs ECEIV D 40 SA,p PROJECT AREA DISCLOSURES Y' OF P T M S"r �2 C Office of the City Clerk 2012 JAN -9 PM 2: 51 * Mo «x 3200 E. Tahquitz Canyon A i ES Palm Springs, CA 92262 CITY CLERK Cq<IFORN�P TEL (760) 323-8204 Reserved Date Stamp FAX (760) 322-8332 TO: Members of the City Council and Redevelopment Agency VIA: City Clerk/Agency Secretary FROM: Paul Lewin, Councilmember/Agency Member DISCLOSURE STATEMENT PURSUANT TO SECTION 33130 OF THE CALIFORNIA HEALTH AND SAFETY CODE PERTAINING TO REDEVELOPMENT M I have reviewed the boundaries of and the area within Merged Project Area No. 1 and Merged Project Area No. 2 and have no direct or indirect financial interest in any property included within the Project Areas. ❑ I have reviewed the boundaries of and the area within Merged Project Area No. 1 and Merged Project Area No. 2 and have the following direct or indirect financial interest in the following property included within the Project Areas as described below. Location Nature of Interest (address) (residence, business ownership/lease, income) 03 Signature Date City of Palm Springs o�QA�Msnp PROJECT AREA DISCLOSURES iy v Office of the City Clerk * * 3200 E. Tahquitz Canyon �`°**0.*h�°°� Palm Springs, CA 92262 C41 06t N TEL (760) 323-8204 Reserved Date Stamp FAX (760) 322-8332 TO: Members of the City Council and Redevelopment Agency VIA: City Clerk/Agency Secretary FROM: Stephen Pougnet, Mayor/Agency Member DISCLOSURE STATEMENT PURSUANT TO SECTION 33130 OF THE CALIFORNIA HEALTH AND SAFETY CODE PERTAINING TO REDEVELOPMENT ❑ I have reviewed the boundaries of and the area within Merged Project Area No. 1 and Merged Project Area No. 2 and have no direct or indirect financial interest in any property included within the Project Areas. I have reviewed the boundaries of and the area within Merged Project Area No. 1 and Merged Project Area No. 2 and have the following direct or indirect financial interest in the following property included within the Project Areas as described below. Location Nature of Interest (address) (residence, business ownership/lease, income) 1010 S. Palm Canyon Drive, #k206 Leasehold-residence Signature Date 04 Memorandum To: Stephen Pougnet, Chair From: David Ready, Executive Officer Douglas Holland, Agency Counsel John Raymond, Director Date: January 10, 2012 Re: Leasehold Interest; 1010 S. Palm Canyon Drive, #206 You have recently leased a residential unit within the Biltmore property, located within Merged Area No. 1. As a general rule, the Redevelopment Agency law prohibits a member of the Redevelopment Agency Board from acquiring an interest in property within a project area of the community. [Health & Safety Code Sec. 33130.] Notwithstanding this general rule, the Redevelopment Agency law recognizes several exceptions to this general rule. One exception relates to the lease of property for personal residential use so long as any improvements to be constructed or work to be done on such property have been completed or that no improvements need to be constructed or no work needs to be done on the property. [Health and Safety Code Sec. 33130.5.] Our offices have concluded and certify that to the extent any improvements have been constructed on the Biltmore property after the creation of the project area, such work was privately funded without Redevelopment Agency assistance before you acquired your interest. In addition, no additional improvements or work needs to be done on the Biltmore property subsequent to you acquiring your interest. We therefore determine your situation qualifies for the exception provided under the provisions of Health and Safety Code Sec. 3 .5. David Ready, Ex e hector Douglalb Holland, Agency Counsel B _ ion R m n Director of C m nity l9idVelopment 05