HomeMy WebLinkAbout1/5/2005 - CRA RESOLUTIONS RESOLUTION NO. 1271
OF THE COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING
A DISPOSITION AND DEVELOPMENT AGREEMENT WITH
CENTURY VINTAGE HOMES TO EFFECTUATE THE
DEVELOPMENT OF FIVE MODERATE-INCOME SINGLE-
FAMILY HOMES IN THE DESERT HIGHLAND GATEWAY
NEIGHBORHOOD, MERGED AREA#1
WHEREAS, the Community Redevelopment Agency of the City of Palm Springs (the "Agency")
has established an affordable housing setaside fund in accordance with Section 33000 et. seq.
of the California Health and Safety Code; and
WHEREAS, the funds are earmarked for the acquisition, construction, or rehabilitation of
affordable housing to benefit the community; and
WHEREAS, the Agency solicited proposals from builders and developers interested in
constructing affordable single-family homes on Agency-owned parcels in the Desert Highland
Gateway neighborhood, and received a successful proposal from Century Homes; and
WHEREAS, the property developers, Century Vintage Homes and Century Crowell Communities
are the developers of the successful Mountain Gate project adjacent to the neighborhood, and
have endeavored to provide service to the Desert Highland neighborhood; and
WHEREAS,the Agency has negotiated an Agreement with the Developer whereby the Developer
would construct five single-family homes on Agency-owned lots in the neighborhood; and
WHEREAS, Section 33430 of the Community Redevelopment Law allows that an agency may,
"for purposes of redevelopment, sell, lease, for a period not to exceed 99 years, exchange,
subdivide, transfer, assign, pledge, encumber by mortgage, deed of trust, or otherwise, or
otherwise dispose of any real or personal property or any interest in property;" and
WHEREAS, the Developer agrees to restrict, though a Regulatory Agreement approved as an
attachment to the Disposition and Development Agreement, the resale provisions on the five
homes to make the homes affordable to families with no more than 110%of Area Median Income
(AMI); and
WHEREAS, a Notice of Public Hearing concerning the Disposition and Development Agreement
was published in accordance with applicable law; and
WHEREAS, the City Council and Agency have considered the staff report, and all the
information, testimony and evidence provided during the public hearing on October 6, 2003 and
December 1, 2004.
NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City of
Palm Springs, as follows:
' SECTION 1. The above recitals are true and correct and incorporated herein.
SECTION 2. Pursuant to the California Environmental Quality Act (CEQA), Public
Resources Code Section 21000 et seq.• the Community Redevelopment
Agency finds that this Project qualifies as a "in-Fill" categorical exemption
Resolution 1271
Page 2
14 CCR 15332. The Agency finds as follows:
(a) The project is consistent with the applicable general plan '
designation and all applicable general plan policies as well as with
applicable zoning designation and regulations.
(b) The proposed development occurs within city limits on a project site
of no more than five acres substantially surrounded by urban uses.
(c) The project site has no value as habitat for endangered, rare or
threatened species.
(d) Approval of the project would not result in any significant effects
relating to traffic, noise, air quality, or water quality.
(e) The Site can be adequately served by all required utilities and
public services.
SECTION 3. The Developer has proposed building 5 moderate income single family
homes on infill lots in the Desert Highland neighborhood. The models are
Model 102's of the Ventana Collection from Mountain Gate (approximately
1,425 square feet). The project has not received any reductions in
development standards or any density bonuses allowed under Section
65915 of the California Government Code, and contains architectural and
landscaping upgrades. The project will help the City meet its requirements
to provide affordable housing under California law.
SECTION 4. The Developer agrees, through this Disposition and Development
Agreement, to acquire from the Agency the five parcels at an average
value of $22,000 each for the project; the Agency agrees to provide a
subsidy program to the qualified buyers of the homes up to the value of
the parcel plus an additional cash write-down of up to $15,000 per home.
The buyer subsidies will vary by household income. Through the creation
of a separate program, the City could participate in the project through the
use of CDBG- or other funds. The Agency retains reverter rights if the
Developer fails to proceed or complete the project. In addition,the Agency
agrees to assist the Developer in marketing the properties and qualifiying
buyers. The buyer subsidy shall remain on the title of the home as a
"silent second'; in addition, the Regulatory Agreement shall contain equity
sharing provisions as required by California Law.
SECTION 5. The Agency does hereby find and determine as follows:
A) The parcels were acquired by the Community Redevelopment
Agency for the purposes of providing low- and moderate-income
housing on them, mostly as part of several phases of self-help
housing in the neighborhood.
B) The DDA effectuates the purposes of the Community '
Redevelopment Law by assisting in the development of housing .
affordable to families with incomes below 120% of Area Median
Income and preserving the affordability of that housing for a period
Resolution 1271
Page 3
of 45 years.
f) The DDA effectuates the purposes of the Community
Redevelopment Law as it is intended to eliminate blight and
promote the health, safety and general welfare of the people of
Palm Springs.
SECTION 6. The proposed project is consistent with the Amended and Restated
Redevelopment Plan for Merged Project Area #1, the Five Year
Implementation Plan and Housing Compliance Plan for the Palm Springs
Community Redevelopment Agency, insofar as this project will provide
additional housing for persons of low- or moderate income within the City
of Palm Springs.
SECTION 7. Based on foregoing reasons, this DDA with Century Vintage Homes is
hereby approved and incorporated herein by this reference.
SECTION 8. The Executive Director or his designee is hereby authorized to execute on
behalf of the Agency the Disposition and Development Agreement and
other documents necessary to the Agreement, and make minor changes
as may be deemed necessary, in a form approved by Agency Counsel.
ADOPTED this 5th day of January , 2005
AYES: Members Foat, McCulloch; Mills, Pougnet and Chairman Oden
NOES: None
ABSENT: None
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
OFT E IT,Y/O�(FPALM
SPRINGS, CALIFORNIA
O
Assistant Secretary Chairman
REVIEWED &APPROVED AS TO FORM
RESOLUTION NO. 1272 '
OF THE COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS APPROVING AN
AGREEMENT FOR PURCHASE AND SALE OF REAL
PROPERTY WITH COACHELLA VALLEY HOUSING
COALITION ON ONE PARCEL FOR INCLUSION IN
THE DESERT HIGHLAND GATEWAY INFILL
HOUSING PROGRAM
WHEREAS, the Community Redevelopment Agency of the City of Palm Springs (the "Agency")
has established an affordable housing setaside fund in accordance with Section 33000 et. seq.
of the California Health and Safety Code; and
WHEREAS, the funds are earmarked for the acquisition, construction, or rehabilitation of
affordable housing to benefit the community; and
WHEREAS, the Agency wishes to purchase five vacant properties located owned by Coachella
Valley Housing Coalition ("Seller") in the Desert Highland Gateway constituent area of Merged
Redevelopment Project Area No. 1, more particularly described in Exhibit "A" to this Resolution
("Property"); and
WHEREAS, the Agency commissioned a fair market appraisal of five similar parcels in the '
neighborhood and received a report dated April 21, 2004 and has offered the same appraised
value for this lot based on its similarity to the other parcels; and
WHEREAS, the Agency will include the parcels in the moderate-income infill program as a way
of writing down the land cost for qualified families; and
WHEREAS, funds for the purchase of the Property are available in the Agency's Low/Moderate
Income Housing Fund - Desert Highland Infill Program.
NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the City
of Palm Springs, as follows:
SECTION 1. The Agreement for Purchase and Sale of Real Property between the
Agency and Coachella Valley Housing Coalition for one parcel in the Desert
Highland Gateway area, more particularly described in Exhibit"A", is hereby
approved in a form acceptable to the Agency Counsel.
SECTION 2. The purpose of the purchase is the potential inclusion of the property in an
infill housing program being developed for the construction of for-sale
detached single family homes for lower and moderate income households
in the Highland-Gateway constituent area of Merged Project Area No. 1.
SECTION 3. The purchase is to be funded from the Agency's Low/Moderate Income '
Housing Fund.
SECTION 4. The Executive Director, or his designee, is hereby authorized to execute on
Resolution 1272
Page 2
behalf of the Agency the necessary documents to complete the approved
' purchase.
ADOPTED this 5th day of January 2005.
AYES: Members Foat, McCullboh, Mills, Pougnet and Chairman Oden
NOES: None
ABSENT: None
ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF PALM SPRINGS, CALIFORNIA
-By
Assistant Secretary Chairman
REVIEWED &APPROVED
1
Resolution 1272
Page 3
EXHIBIT"A"
LEGAL DESCRIPTION OF PARCELS
The Land is that certain real property located in the Seller of Palm Springs, County of
Riverside, State of California, more particularly described as follows:
Lot 96 of Desert Highland Estates, in the City of Palm Springs, as shown by Map on file in
Book 24 Page 53 of Maps, Records of Riverside County, California.
APN 669-394-006
RESOLUTION NO. 1273
' OF THE COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF PALM SPRINGS,CALIFORNIA,APPROVING
A MEMORANDUM OF UNDERSTANDING WITH MILDRED
BROWNE REGARDING THE EXCHANGE OFA4.96 ACRE
AGENCY-OWNED PARCEL AT THE NORTHWEST
CORNER OF SUNRISE WAY AND TAHQUITZ CANYON
WAY FOR A 7.9 ACRE PARCEL WEST OF BMW OF PALM
SPRINGS, MERGED AREA#1 AND MERGED AREA#2
WHEREAS,the Community Redevelopment Agency of the City of Palm Springs,California
("Agency")is constituted under the Community Redevelopment Law(California Health and
Safety Code Section 33000 et. seo.)to carry out the purpose as the redevelopment in the
City of Palm Springs ("the City"); and
WHEREAS, Section 33430 of the Community Redevelopment Law allows that an agency
may, "for purposes of redevelopment, sell, lease, for a period not to exceed 99 years,
exchange, subdivide, transfer, assign, pledge, encumber by mortgage, deed of trust, or
otherwise, or otherwise dispose of any real or personal property or any interest in
property;" and
WHEREAS, Section 33432 of the Community Redevelopment Law requires that any such
lease shall be conditioned on the redevelopment and use of the property in conformity with
the redevelopment plan; and
NOW,THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the
City of Palm Springs as follows:
SECTION 1. The Memorandum of Understanding between the Agency and
Mildred Browne regarding the exchange of property is hereby
approved and incorporated herein by this reference.
SECTION 2. The Chairman of the Agency, and/or his designee, is authorized to
execute all necessary documents, in a form approved by the
Agency Counsel.
ADOPTED this 2nd day of February, 2005.
AYES: Members Foat, McCulloch, Mills, Pougnet and Chairman Oden
NOES: None
ABSENT: None
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
Assistant Secretary e Chairman
'REVIEWED & APPROVED
RESOLUTION NO. 12711
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE
BUDGET FOR THE 2004-05 FISCAL YEAR.
WHEREAS Resolution 1255 approving the budget for the fiscal year 2004-05 was adopted
on June 9, 2004; and
WHEREAS the Executive Director has recommended, and the Agency desires to approve,
certain amendments to said budget;
NOW THEREFORE BE IT RESOLVED that the Director of Finance is authorized to record
inter-fund cash transfers as required in accordance with this Resolution, and that Resolution
1255, adopting the budget for the 2004-05 fiscal year is hereby amended as follows:
SECTION 1. ADDITIONS
Fund Activity Account Amount
No. 001 12416 $600,000
General Fund Redevelopment
Agency Loans
Receivable
Purpose: New loan (at 6%, effective 2/16/05) to Merged Area #1 to cover on-going
administration costs.
SECTION 2. SOURCE Merged Area #1 is concurrently paying back $600,000 in
loans from the General Fund.
Fund Activity Account Amount
No. 811 29301 $600,000
Merged Area#1 Fund Balance
Capital &Admin
Adopted this 16thjay of February 2005
AYES: Members McCulloch, Pougnet and Chairman Oden
NOES: None
ABSENT: None
ABSTAIN: Members Foat and Mills
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
OF,T,FJ,FCITY OF PALM SPRINGS
ssistant Secretary Chairman
REVIEWED AND APPROVED AS TO FORM
' RESOLUTION NO. 1275
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE
BUDGET FOR THE 2004-05 FISCAL YEAR.
WHEREAS Resolution 1255 approving the budget for the fiscal year 2004-05 was adopted
on June 9, 2004; and
WHEREAS the Executive Director has recommended, and the Agency desires to approve,
certain amendments to said budget;
NOW THEREFORE BE IT RESOLVED that the Director of Finance is authorized to record
inter-fund cash transfers as required in accordance with this Resolution, and that Resolution
1255, adopting the budget for the 2004-05 fiscal year is hereby amended.as follows:
SECTION 1. ADDITIONS
Fund Activity Account Amount
No. 001 12416 $300,000
General Fund Redevelopment
Agency Loans
' Receivable
Purpose: New loan (at 6%, effective 2/16/05) to Merged Area #2 to cover on-going
costs.
SECTION 2. SOURCE Merged Area #1 is concurrently paying back $600,000 in
loans from the General Fund.
Fund Activity Account Amount
No. 812 29301 $300,000
Merged Area#2 Fund Balance
Capital & Admin
Adopted this 16th day of February 12005
AYES: Members McCulloch, Pougnet and Chairman Oden
NOES: None
ABSENT: None
ABSTAIN: Members Foat and Mills
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
OF TI;[E-CITY OF PALM SPRINGS
41
Assistant Secretary Chairman
REVIEWED AND APPROVED AS TO FORM
RESOLUTION NO. 1276
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY
OF PALM SPRINGS, CALIFORNIA APPROVING THE FIRST
AMENDMENT TO A DISPOSITION AND DEVELOPMENT
AGREEMENT WITH K. HOVNANIAN COMPANIES OF CALIFORNIA,
INC., SUCCESSOR TO THE INTERESTS OF BURNETT
DEVELOPMENT CORPORATION UNDER THE DISPOSITION AND
DEVELOPMENT AGREEMENT, FOR THE PURCHASE AND
DEVELOPMENT OF A 1.06+ ACRE OF AGENCY—OWNED LAND
KNOWN AS LOT"C" REMAINDER
WHEREAS, the Community Redevelopment Agency of the City of Palm Springs, California
("Agency')is constituted under the Community Redevelopment Law(California Health and
Safety Code Section 33000 et, seq.)to carry out the purpose of redevelopment in the Cityof
Palm Springs ("the City'); and
WHEREAS, the Agency and Developer entered into that certain Disposition and
Development Agreement (the "Agreement"), which was approved pursuant to Agency
Resolution No. 1204 adopted on December 18, 2002, to effectuate the development of
single family homes located in and near Constituent Project Area No. 9-C of Merged Project
No. 1; and
WHEREAS, in the process of implementing the terms of the Agreement, the Developer
requires additional property to complete the single family home development and to
accommodate Desert Water Agency access to a well site located within the development; ,
and
WHEREAS,the Agency owns a parcel of land measuring approximately 50 feet by 920 feet,
or 1.06+ acres (the "Parcel"), located along the northern edge of property previously
conveyed to the Developer for the purposes of developing the single family homes; and
WHEREAS,the Agency desires to sell the parcel to K. Hovnanian Companies,as successor
to the interests of Burnett Development Corporation (the "Developer') under the existing
Agreement, to return the land to productive use and facilitate additional market-rate
development in the area around the site, including the generation of property taxes and
provide for public improvements that benefit the Project Area; and
WHEREAS, Section 33430 of the Community Redevelopment Law allows that an agency
may, "for purpose of redevelopment, sell, lease for a period not to exceed 99 years,
exchange, subdivide, transfer, assign, pledge, encumber by mortgage , deed of trust , or
otherwise dispose of any real or personal property or any interest in property;" and
WHEREAS,the purchase of the Parcel bythe Developer is at fair market value and the First
Amendment to the Agreement therefore does not contain any Agency financial assistance to
the project; and
WHEREAS, a Notice of Public Hearing concerning the First Amendment to the Disposition
and Development Agreement was published in accordance with applicable law; and
WHEREAS, the Agency has considered the staff report, and all the information,testimony
and evidence provided during the public hearing on March 2, 2005.
NOW,THEREFORE, BE IT RESOLVED by the Community(Redevelopment Agency of the
City of Palm Springs, California as follows:
Resolution 1276
Page 2
' SECTION 1. The above recitals are true and correct and incorporated herein.
SECTION 2. Pursuant to the California Environmental Quality Act (CEQA), the
Community Redevelopment Agency finds as follows:
a) In connection with the previous approval of the Disposition and
Development Agreement, the eastern portion of the project
received approval of a Mitigated Negative Declaration in May
2002 based on the preparation of an Initial Study and the
recommendation of the Planning Commission. Mitigation
measures are included in the project design and adopted as part
of the Conditions of Approval for the Project. The remaining
portion of the project site, Palm Springs West, received approval
of a Mitigated Negative Declaration in December 2002 based on
the preparation of an Initial Study and the recommendation of the
Planning Commission. Mitigation measures are included in the
project design and adopted as part of the Conditions of Approval
for the project.
b) The Agency previously found that the Planning Commission
adequately discussed the potential significant environment
effects of the proposed project (land use, traffic/circulation,
parking,air quality, noise,aesthetics,geology/soils,water quality,
drainage, public utilities, public safety, archaeological/historic
' resources and light and glare). The Community Redevelopment
Agency further found that the Mitigated Negative Declaration
reflected its independent judgment.
SECTION 3. The Developer is required to make certain street improvements in
keeping with City codes. Such offsite improvements are imperative
to this project, such as reconstructing curb, gutter and sidewalks
along Sunrise Way and maintaining existing access from Sunrise
Way to a Desert Water Agency well site located within the project.
This project improves a blighted parcel near Project Area No. 9
Constituent Area of Merged Redevelopment Project No. 1 and will
increase tax increment to the Agency and property tax and sales tax
collections to the City through the development of new market-rate
homes in an underdeveloped portion of the city.
SECTION 4. The Agency does hereby find and determine as follows:
(a) The Agency wishes to convey a 50-foot by 920-foot strip of
Agency-owned land providing the Desert Water Agency access
to its existing well sites in the vicinity of the project to Developer,
the public right-of-way on said land having been vacated by the
City of Palm Springs per action taken on February 16, 2005 and
said land to continue to be encumbered by an existing public
utility easement.
' (b) The First Amendment to the Disposition and Development
Agreement effectuates the purpose of the Community
Redevelopment Law as it is intended to eliminate blight and
promote the health, safety and general welfare of the people of
Palm Springs.
Resolution 1276
Page 3
SECTION 5. The Community Redevelopment Agency shall receive$8,200,forthe ,
transfer in ownership of the property per the terms of the First
Amendment to the Agreement.
SECTION 6. The proposed project is consistent with the Implementation Plan for
Merged Project No. 1 which includes the adjacent Constituent Project
Area#9-C, and this project will increase tax increment and spur new
residential activities in the project area. It will increase the city's
commercial sector by developing a new population center in the City,
creating new shoppers for the retailers in the north end of Palm
Springs.
SECTION 7. Based on foregoing reasons,the FirstAmendment to the Disposition
and Development is hereby approved and incorporated herein bythis
reference.
SECTION 8. The Executive Director, or his designee, is hereby authorized to
execute on behalf of the Agency the First Amendment to the
Disposition and Development Agreement and other documents
necessary to the Agreement, and malice minor changes as may be
deemed necessary, in a form approved by Agency Counsel.
ADOPTED this 2n,ddayof March 2005. '
AYES: Members Foat, McCulloch, Mills, Pougnet and Chairman Oden
NOES: None
ABSENT: None
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS,
CAIA
Assistant Secretary man
REVIEWED&APPROVED AS TO FORM
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R. WILLIAMS 1583-13X 2 OF 2
RESOLUTION NO. 1277
OF THE COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
THE BUDGET FOR THE 2004-05 fiscal year.
WHEREAS Resolution 1255 approving the budget for the fiscal year 2004-05 was adopted
on June 9, 2004; and
WHEREAS the Executive Director has recommended, and the Agency desires to approve,
certain amendments to said budget;
NOW THEREFORE BE IT RESOLVED that the Director of Finance is authorized to record
inter-fund cash transfers as required in accordance with this Resolution, and that Resolution
1255, adopting the budget for the 2004-05 fiscal year is hereby amended as follows:
SECTION 1. ADDITIONS
Fund Activity Account Amount
No. 001 12416 $370,000
General Fund Redevelopment
Agency Loans
Receivable
Purpose: New loan (at 6%, effective 2/16/05) to Merged Area#1 to cover VIP Motors ,
land swap. Loan will be repaid when land swap is completed.
SECTION 2. SOURCE
Fund Activity Account Amount
No. 811 29301 $370,000
Merged Area#1 Fund Balance
Capital &Admin
Adopted this end day of March 2005,
AYES: Members McCullochu; Pougnet and Chairman Oden
NOES: None
ABSENT: None
ABSTAIN: Members Foat and Mills
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
/ OF THE CITY OF PALM SPRINGS
ssistant Secretary Chairman
REVIEWED AND APPROVED '
AS TO FORM
RESOLUTION NO. 1278
' OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY
OF PALM SPRINGS, CALIFORNIA APPROVING THE FIRST
AMENDMENT TO A LICENSE BETWEEN THE AGENCY AND
GEIGER, LLC FOR PERFORMANCE OF REMEDIATION WORK
COVERING APPROXIMATELY 14.95 ACRES OF AGENCY—OWNED
LAND LOCATED AT THE NORTHEAST CORNER OF GENE AUTRY
TRAIL AND RAMON ROAD. A00472C
WHEREAS,the Community Redevelopment Agency of the City of Palm Springs, California
("Agency") is constituted under the Community Redevelopment Law(California Health and
Safety Code Section 33000 et. seq.)to carry out the purpose of redevelopment in the City of
Palm Springs ("the City"); and
WHEREAS, the Agency and Geiger, LLC ("Geiger') entered into that certain License for
Performance of Remediation Work(the"License"),which was approved pursuant to Agency
Resolution No. 1239 adopted on March 17, 2004, to allow Geiger to enter upon Agency-
owned property, totaling approximately 14.95 acres, to undertake the remediation of soil
conditions on an approximately 36-acre vacant property, including Agency's property,
located at the northeast corner of Gene Autry Trail and Ramon Road (the "Site"); and
WHEREAS, Geiger is in the process of implementing the Remediation Action Workplan
approved by the California Department of Toxic Substances Control ("DTSC") on March 4,
2004 for the remediation of the Site; and
' WHEREAS, the License is due to terminate on March 17, 2005 unless extended; and
WHEREAS in a letter dated February 15, 2005, Geiger has requested a seven-month
extension of the current License due to the fact that the PM-10 Permit issued by the City for
the clean-up activities will require dust control for both the Agency and Geiger-owned
properties until the site surface is developed, the temporary fence around the entire site
must remain to maintain site security,and the work plan from DTSC requires the installation,
monitoring and inspection of a vapor control system over this same period.
NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the
City of Palm Springs, California as follows:
SECTION 1. The above recitals are true and correct and incorporated herein.
SECTION 2. The First Amendment to the License between the Community
Redevelopment Agency of the Cityof Palm Springs and Geiger, LLC
for Performance of Remediation Work,is herebyapproved extending
the termination date of the License by seven months to October 17,
2005.
SECTION 3. The Executive Director, or his designee, is hereby authorized to
execute on behalf of the Agency the First Amendment to the License
for Performance of Remediation Work, and make minor changes as
' may be deemed necessary, in a form approved by Agency Counsel.
Resolution 1278
Page 2
ADOPTED this 16`h day of March, 2005. '
AYES: Members McCulloch, Mills, Pougnet and Chairman Oden
NOES: None
ABSENT: Member Foat
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS,
CALIFORNIA
/ Assistant Secretary Chairman
1
i
j RESOLUTION NO. 1279
A RESOLUTION OF THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO.
1 TO AGREEMENT NO. A0399C WITH VIP MOTOR CARS,
LTD., AND FDH ENTERPRISES, INC., TO RECALCULATE
THE FINANCIAL ASSISTANCE FORMULA FOR THE
RENOVATION AND EXPANSION OF THE AUTO
DEALERSHIP AND EXTEND THE TERM OF THE
AGREEMENT FOR TWELVE YEARS FOR PROPERTY
IMPROVEMENTS AT AN AUTOMOBILE DEALERSHIP AT
j 4095 EAST PALM CANYON DRIVE, MERGED PROJECT
j AREA #1 A00399C
WHEREAS, the Community Redevelopment Agency of the City of Palm Springs,
j California ("Agency") is constituted under the Community Redevelopment Law
(California Health and Safety Code Section 33000 et. seq.) to carry out the purpose as
the redevelopment in the City of Palm Springs ("the City"); and
i
WHEREAS, VIP Motor Cars, Ltd., FDH Enterprises, Inc. ("Developer') and the Agency
entered a Disposition and Development Agreement in January, 2000 for the Agency to
provide financial assistance in their efforts to expand and upgrade their automobile
dealership at 4095 East Palm Canyon Drive, in order to retain the business in Palm
Springs, make it a more profitable facility for the dealer and the City, and increase the
level of employment; and
WHEREAS, expansion of the dealership created additional sales tax revenue for the
City, as well as create additional on-site jobs for documented low and moderate income
households, therefore improving the City's ability to provide services to all its residents,
as well as overall living conditions for low and moderate income households in the City;
and .
WHEREAS, Section 33430 of the Community Redevelopment Law allows that an
agency may, "for purposes of redevelopment, sell, lease, for a period not to exceed 99
years, exchange, subdivide, transfer, assign, pledge, encumber by mortgage, deed of
trust, or otherwise, or otherwise dispose of any real or personal property or any interest
in property;" and
j WHEREAS, Community Redevelopment Law allows agencies to use tax increment to
pay for improvements on properties which the agency owns or leases; and
WHEREAS, Section 33432 of the Community Redevelopment Law requires that any
such lease shall be conditioned on the redevelopment and use of the property in
conformity with the redevelopment plan; and
i
Resolution No. 1279
Page 2
WHEREAS, Developer now seeks to further expand and improve the dealerships, which
will result in additional public benefits, and has sought an amendment to the DDA to
provide additional assistance through an extension of the term of the Agreement, and
the Agency has sought a recalculation of the annual assistance amount; and
WHEREAS, a Notice of Public Hearing concerning Amendment No. 1 to the Disposition
and Development Agreement was published in accordance with applicable law; and
WHEREAS, the California Redevelopment Law requires certain findings before the
Agency can enter into this Amendment, as follows:
a) Section 33421.1 - that the City Council find that the provision of such
improvements will effectuate the Redevelopment Plan;
b) Section 33445 - that the City Council find that the improvements benefit
the Project Area; that no other means of financing the improvements are
available; that payment of the funds will assist in eliminating blight, and
that assistance to the project is consistent with the Agency's adopted Five
Year Implementation Plan. ,
WHEREAS, the Agency has considered the staff report, and all the information,
testimony and evidence provided during the public hearing on May 18, 2005.
NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of
the City of Palm Springs as follows:
SECTION 1. The above recitals are true and correct and incorporated herein.
SECTION 2. Pursuant to the California Environmental Quality Act (CEQA), the
Community Redevelopment Agency finds that in connection with
the approval of the DDA, the project is Categorically Exempt
because all the work is to occur on existing facilities and there are
no changes in the effects of the proposed project or the
circumstances in which it is being carried out which require any
modification of the Categorical Exemption. Any work to be
performed off the current project site will be subject to CEQA and a
separate agreement.
SECTION 3. The Developer proposes to expand the Mercedes dealership into
the current Infiniti building with additional new- and certified pre- '
owned vehicles; the Infiniti dealership shall be moved to the current
Resolution No. 1279
Page 3
BMW dealership building. Certain interior renovations shall be
made to both dealerships to accommodate the corporate guidelines
of the brands
SECTION 4. This project improves a previously blighted corner of Merged
Redevelopment Project Area #1 (formerly #9G) and will further
increase tax increment to the Agency and sales tax collections to
the City.
SECTION 5. The Agency will continue to lease the three separate dealership
properties from FDH Enterprises, Inc., the property owner, for an
aggregated amount of$58,250 in the first year, to increase annually
by the Consumer Price Index as published by the U.S. Department
of Labor for the Los Angeles-Anaheim-Riverside SMSA. VIP Motor
Cars, Ltd. shall, in turn, sublease the three properties from the
Agency for an aggregated amount of $58,250 in the first year, to
increase annually by the Consumer Price Index as published by the
U.S. Department of Labor for the Los Angeles-Anaheim-Riverside
SMSA. The amount of payment for the lease and sublease shall be
the same. The sublessee shall construct the improvements as
described in Section 3 of this resolution, at a cost of at least one
million seven hundred thousand dollars ($1,700,000). Additionally,
the Agency shall participate in the cost of the improvements, as the
lessee's share, as described in Section 3 of this resolution, by
rebating annually to the sublessee an amount up to one million
seven hundred thousand dollars ($1,700,000) using tax increment
from Merged Project Area #1. The annual amount rebated for the
cost of the improvements shall be determined by the combined
dealerships' sales tax performance over a base amount determined
in the DDA, less the amount attributable to the BMW dealership.
The agreement shall be for a period of twelve (12) years or until the
$1,700,000 is rebated, whichever is sooner.
SECTION 6. The Agency does hereby find and determine as follows:
(a) The property was originally developed in the 1950's and was
occupied by Palm Springs Ford until the 1970's when it
departed; however, while the dealership currently has luxury
brand names, the dealership itself has declined in economic
value over the past two decades due to aging and obsolete
facilities and poor visibility from East Palm Canyon
Resolution No. 1279 ,
Page 4
Driven. In 1998, the current owners acquired VIP
Motor Cars, Ltd. and began negotiating with the
manufacturers regarding the manufacturers'
requirements for the dealership's facilities.
(b) The DDA Amendment further effectuates the
purposes of the Community Redevelopment Law by
reversing or alleviating any serious physical, social,
and economic burden of the Community which cannot
reasonably be expected to be reversed or alleviated
by private enterprise acting alone, in that the
assistance will facilitate the redevelopment and
operation of the automobile dealership by causing the
reconstruction and upgrade of the property, placing
the property in the hands of a first class and
experienced operator, in order to maintain existing
sales tax revenue and attract additional commercial
development within the City and increase the City's
tax base.
(c) The DDA Amendment further effectuates the
purposes of the Community Redevelopment Law as it
is intended to eliminate blight and promote the health,
safety and general welfare of the people of Palm
Springs.
SECTION 7. The proposed project is consistent with the Implementation
Plan for this area, insofar as this project will increase tax
increment and will expand an already-existing successful
business. It will increase the City's commercial sector by
expanding a major retail business in the City, in order to
further capture a portion of the significant sales tax leakage
that occurs in Palm Springs.
SECTION 8. Based on foregoing reasons, this Amendment No. 1 to the
Disposition and Development Agreement is hereby approved
and incorporated herein by this reference.
SECTION 9. The Executive Director of the Agency, and/or his designee,
is authorized to execute all necessary documents, in a form
approved by the Agency Counsel.
Resolution No. 1279
Page 5
ADOPTED this 18th day of May, 2005.
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CIT,YQF PALM SPRINGS, CALIFORNIA
/]
�/Issistant Secretary _ Chairman
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, Assistant Secretary of the Community Redevelopment Agency
of the City of Palm Springs, hereby certify that Resolution No. 1279 is a full, true and
correct copy, and was duly adopted at a regular meeting of the Community
Redevelopment Agency of the City of Palm Springs on May 18, 2005, by the following
vote:
AYES: Members Foat, Mills, McCulloch, Pougnet and Chairman Oden
NOES: None
ABSENT: None
ABSTAIN: None
;; es Thompson, Assistant Secretary
ty of Palm Springs, California
i
RESOLUTION NO. 1280
' A RESOLUTION OF 'THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF
PALM SPRINGS, CALIFORNIA APPROVING A
DISPOSITION AND DEVELOPMENT AGREEMENT
WITH HIGHLANDS PALM SPRINGS VENTURE, LLC,
A NEVADA LIMITED LIABILITY COMPANY, TO
EFFECTUATE THE DEVELOPMENT OF FOUR
MODERATE-INCOME SINGLE-FAMILY HOMES IN
THE DESERT HIGHLAND GATEWAY
NEIGHBORHOOD, MERGED PROJECT AREA NO. 1
WHEREAS, the Community Redevelopment Agency of the City of Palm Springs (the
"Agency") has established an affordable housing set aside fund in accordance with
Section 33000 et. seq. of the California Health and Safety Code; and
WHEREAS, the funds are earmarked for the acquisition, construction, or rehabilitation
of affordable housing to benefit the community; and
WHEREAS, the Agency solicited proposals from builders and developers interested in
constructing affordable single-family homes on Agency-owned parcels in the Desert
Highland Gateway neighborhood, and received a proposal from Highland Palm Springs
Venture, LLC, a group with ties to the neighborhood; and
WHEREAS, the Agency has negotiated an Agreement with the Developer whereby the
Developer would construct four single-family homes on Agency-owned lots in the
neighborhood; and
WHEREAS, Section 33430 of the Community Redevelopment Law allows that an
agency may, "for purposes of redevelopment, sell, lease, for a period not to exceed 99
years, exchange, subdivide, transfer, assign, pledge, encumber by mortgage, deed of
trust, or otherwise, or otherwise dispose of any real or personal property or any interest
in property;" and
WHEREAS, the Developer agrees to restrict, though a Regulatory Agreement
approved as an attachment to the Disposition and Development Agreement, the resale
provisions on the five homes to make the homes affordable to families with no more
than 110% of Area Median Income (AM I); and
WHEREAS, a Notice of Public Hearing concerning the Disposition and Development
Agreement was published in accordance with applicable law; and
WHEREAS, the City Council and Agency have considered the staff report, and all the
information, testimony and evidence provided during the public hearing on May 18,
2005.
Resolution No. 1280
Page 2
NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of '
the City of Palm Springs, as follows:
SECTION 1. The above recitals are true and correct and incorporated herein.
SECTION 2. Pursuant to the California Environmental Quality Act (CEQA),
Public Resources Code Section 21000 et seq., the Community
Redevelopment Agency finds that this Project qualifies as an 1n-
Fill" categorical exemption 14 CCR 15332. The Agency finds as
follows:
(a) The project is consistent with the applicable general plan
designation and all applicable general plan policies as well as with
applicable zoning designation and regulations.
(b) The proposed development occurs within city limits on a
project site of no more than five acres substantially surrounded by
urban uses.
(c) The project site has no value as habitat for endangered,
rare or threatened species.
(d) Approval of the project would not result in any significant
effects relating to traffic, noise, air quality, or water quality. '
(e) The Site can be adequately served by all required utilities
and public services.
SECTION 3. The Developer has proposed building 4 moderate income single
family homes on infill lots in the Desert Highland neighborhood.
The models are approximately 1,400 square feet. The project has
not received any reductions in development standards or any
density bonuses allowed under Section 65915 of the California
Government Code, and contain architectural and landscaping
upgrades. The project will help the City meet its requirements to
provide affordable housing under California law.
SECTION 4. The Agency agrees, through this Disposition and Development
Agreement, to contribute the five parcels at an average value of
$22,000 each to the project, and to write down the price of each
house another $8,000 to $15,000. In addition, the Agency shall
work with the buyers of the homes and offer buyer subsidies that
will vary by household income. In addition, through the creation of
a separate program, the City could participate in the project
through the use of CDBG- or other funds. The Agency retains
reversion rights if the Developer fails to proceed or complete the
project. In addition, the Agency agrees to assist the Developer in '
marketing the properties and qualifying buyers. The buyer subsidy
Resolution No. 1280
Page 3
' shall remain on the title of the home as a "silent second"; in
addition, the Regulatory Agreement shall contain equity sharing
provisions as required by California Law.
SECTION 5. The Agency does hereby find and determine as follows:
A) The parcels were acquired by the Community
Redevelopment Agency for the purposes of providing low- and
moderate-income housing on them, mostly as part of several
phases of self-help housing in the neighborhood.
B) The DDA effectuates the purposes of the Community
Redevelopment Law by assisting in the development of housing
affordable to families with incomes below 120% of Area Median
Income and preserving the affordability of that housing for a period
' of 45 years.
C) The DDA effectuates the purposes of the Community
Redevelopment Law as it is intended to eliminate blight and
promote the health, safety and general welfare of the people of
Palm Springs.
SECTION 6. The proposed project is consistent with the Amended and
Restated Redevelopment Plan for Merged Project Area #1, the
Five Year Implementation Plan and Housing Compliance Plan for
the Palm Springs Community Redevelopment Agency, insofar as
this project will provide additional housing for persons of low or
moderate income within the City of Palm Springs.
I
' SECTION 7. Based on foregoing reasons, this DDA with Highlands Palm
Springs Venture, LLC is hereby approved and incorporated herein
I• by this reference.
I SECTION 8. The Chairman, or his designee, is hereby authorized to execute on
i behalf of the Agency the Disposition and Development Agreement
and other documents necessary to the Agreement, and make
minor changes as may be deemed necessary, in a form approved
by Agency Counsel.
ADOPTED this 18'h day of May, 2005.
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
' CITY OF7M SPRINP. S, CALIFORNIA
j As i' a S��ec etary Chairman
Resolution No. 1280
Page 4
CERTIFICATION '
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, Assistant Secretary of the Community Redevelopment Agency
of the City of Palm Springs, hereby certify that Resolution No. 1280 is a full, true and
correct copy, and was duly adopted at a regular meeting of the Community
Redevelopment Agency of the City of Palm Springs on May 18, 2005, by the following
vote:
AYES: Members Foat, Mills, McCulloch and Chairman Oden
NOES: Member Pougnet
ABSENT: None
ABSTAIN: None
es Thompson, Assistant Secretary ,
ity of Palm Springs, California
RESOLUTION NO. 1281
A RESOLUTION OF THE COMMUNITY
REDEVELOPMENT AGENCY
IMPLEMENTATION AGREEMENT AND
i PUBLIC IMPROVEMENT REIMBURSEMENT
• AGREEMENTS WITH VISTA SUNRISE
APARTMENTS, LP TO CLARIFY CERTAIN
ASPECTS OF THE RESTATED AND
i AMENDED DISPOSITION AND
i DEVELOPMENT AGREEMENTS ("RADDA")
TO EFFECTUATE THE DEVELOPMENT OF A
LOW-INCOME HIV/AIDS APARTMENT
COMPLEX AND FAMILY CARE FACILITY
WEST OF SUNRISE WAY, SOUTH OF
VISTA CHINO ROAD A0495C
WHEREAS, the Community Redevelopment Agency of the City of Palm Springs (the
"Agency") has established an affordable housing set aside fund in accordance with
Section 33000 et. seq. of the California Health and Safety Code; and
WHEREAS, the Agency and the Developer have entered into that certain Restated and
Amended Disposition and Development Agreement ("RADDA") dated February 15,
2005 which provides for the construction of 85 affordable housing units pursuant to the
terms of the RADDA; and
WHEREAS, as the parties are beginning the implementation of the terms of the
RADDA and as a result of that endeavor have discovered that certain assumptions
concerning financing requirements and timing of the adjacent health care facility project
have necessitated some non-material revisions for purposes of the Agency in the form
of the Promissory Notes and Deeds of Trust which have to be clarified but which do not
affect the Agency's basic financial contribution to the Project or the Scope of the
Project; and
WHEREAS, the County's construction of the adjacent health care facility is lagging
behind the Developer's construction of the housing units which has resulted in the
Agency advancing funds and the City constructing the offsite public improvements
pursuant to a Public Improvement Reimbursement Agreement; and
WHEREAS, the Agency and Developer wish to clarify their understandings of how the
RADDA will be implemented by setting forth those understandings in this
Implementation Agreement.
NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of
the City of Palm Springs, as follows:
SECTION 1. The above recitals are true and correct and incorporated herein.
Resolution No. 1281 '
Page 2
SECTION 2. This Implementation Agreement with Vista Sunrise Apartments,
LP, is hereby approved and incorporated herein by this reference.
SECTION 3. This Public Improvement Reimbursement Agreement with Vista
Sunrise Apartments, LP, the City of Palm Springs and the Housing
Authority of the County of Riverside, is hereby approved and
incorporated herein by this reference.
SECTION 4. The Executive Director, or his designee, is hereby authorized to
execute on behalf of the Agency the Implementation Agreement
and other documents necessary to the Agreement, and make
minor changes as may be deemed necessary, in a form approved
by Agency Counsel.
ADOPTED this 18th day of May, 2005.
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CITY OF-PA�M SPRINGS, CALIFORNIA ,
By
Asss!! f nt Secretary Chairman , .
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, Assistant Secretary of the Community Redevelopment Agency
of the City of Palm Springs, hereby certify that Resolution No. 1281 is a full, true and
correct copy, and was duly adopted at a regular meeting of the Community
Redevelopment Agency of the City of Palm Springs on May 18, 2005, by the following
vote:
AYES: Members Foat, Mills, McCulloch, Pougnet and Chairman Oden
NOES: None
ABSENT: None
ABSTAIN: None
es Thompson, Assistant Secretary
ity of Palm Springs, California
i
i
I
RESOLUTION NO. 1282
A RESOLUTION OF THE CITY OF PALM
I SPRINGS COMMUNITY REDEVELOPMENT
AGENCY APPROVING AN EXCLUSIVE
AGREEMENT TO NEGOTIATE WITH
DESIGN WITHIN REACH FOR A PROPERTY
LOCATED AT 296 NORTH INDIAN CANYON
DRIVE, MERGED PROJECT AREA NO. 2
NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of
the City of Palm Springs that an Exclusive Agreement to Negotiate with Design Within
Reach for a property located at 296 North Indian Canyon Drive, Merged Project Area
No. 2, is hereby approved.
ADOPTED this 18'h day of May, 2005.
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CITY QF--P�LM SPRINGS, CALIFORNIA
By —v= ( / _tea i�� _.C—ze
ssistantSecretary °� 'I Chairman
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, Assistant Secretary of the Community.Redevelopment Agency
of the City of Palm Springs, hereby certify that Resolution No. 1282 is a full, true and
correct copy, and was duly adopted at a regular meeting of the Community
Redevelopment Agency of the City of Palm Springs on May 18, 2005, by the following
vote:
AYES: Members Foat, Mills, McCulloch, Pougnet and Chairman Oden
NOES: None
ABSENT: None
ABSTAIN: None
jJ� es Thompson, Assistant Secretary
y of Palm Springs, California
RESOLUTION NO. 1283
1 A RESOLUTION OF THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING A
BUDGET FOR THE FISCAL YEAR 2005-2006
WHEREAS, a budget for the fiscal year 2005-2006 has been prepared by the
Community Redevelopment Agency, Director of Community & Economic
Development, and the Agency Treasurer; and
WHEREAS, the Community Redevelopment Agency has examined said budgets
and conferred with the Community Redevelopment Agency Executive Director;
and
WHEREAS, the Community Redevelopment Agency, after due deliberation and
consideration, agrees with the budget recommended; and
WHEREAS, pursuant to Health & Safety Code Section 33334.3 (d), the Agency
hereby finds and determines that the planning and administrative expenses to
be paid from the Low and Moderate Income Housing Fund for each
redevelopment project are necessary for the production, improvement or
preservation of low and moderate income housing and are not disproportionate
to the amounts budgeted for the costs of production, improvement or
preservation of that housing; and
WHEREAS, the Agency's planning and administrative expenses paid from the
Low and Moderate Income Housing Fund for the production, improvement or
preservation of low and moderate income housing pay for a portion of staff and
legal costs necessary to facilitate new construction projects and administer
individual rehabilitation and purchase programs, land and property acquisition
and disposition, multi-government agreements, and bond issues related to low
and moderate income housing.
NOW THEREFORE BE IT RESOLVED by the Community Redevelopment
Agency of the City of Palm Springs as follows:
Section 1. That the budget in the amount of $11,173,132 be approved for the
following purposes:
Capital & Admin. Debt Service
Merged Area No. 1 $ 914,424 $ 4,641,006
Merged Area No. 2 440,000 3,204,859
Low & Mod. Income Housing 1,419,955 468,343
Plaza Theatre 84,545 0
$ 2,858,924 $ 8,314,208
Resolution No. 1283
Page 2
Section 2. That the Finance Director of the City of Palm Springs is authorized '
to record the budget and such other accounting entries as may be
necessary for proper accounting treatment in accordance with rules
and regulations applicable to other City of Palm Springs funds.
Section 3. That the Work Program for Low- and Moderate Income Program in
Fiscal Year 2005-2006 is as follows, including total Agency
assistance committed:
Vista Sunrise Special Needs Apartments $ 1,505,000
El Dorado Mobile Home Park $ 300,000
Desert Highland Infill Program $ 300,000
Sahara Mobile Home Park Improvements $ 200,000
Section 4. That the accomplishments of the Low- and Moderate Income
Program in Fiscal Year 2004-2005 are as follows:
• Vista Sunrise Special Needs Apartments. The project has
received its financing from the State MHP program, County
HOME funds, and the Agency and the Low Income Housing Tax
Credit (4%) Program. The acquisition of the major parcel from
the Desert Healthcare District will be finalized in June 2005 and
the project will be able to begin construction in mid-2005.
• El Dorado Mobile Home Park. The Agency assisted 17
Moderate Income purchasers in the park at a cost of $85,000,
and provided $38,675 in assistance to low-income renters for
the income certification fee. In addition, the park received $1
million in state MPROP funds to assist low-income purchasers
in 2004 and another $1,485,000 in April, 2005. The goal was to
receive the MPROP commitment and to assist as many
residents as possible with the transition to resident ownership.
The Agency exceeded its goal in the fee certification assistance
program by 150%. In the case of moderate assistance
purchasers, much less assistance was necessary.
• Desert Highland Infill Program. The Agency purchased five
single family home lots from Coachella Valley Housing Coalition
(CVHC) at a total price of $113,000, plus two Chapter 8
purchases from the County of Riverside at a total price of
$149,602 for the program. In addition, the Agency effectuated a
swap for two additional single family lots. The Agency met its
goal of acquiring the CVHC and County lots; the lots to be
acquired through the swap, at no cost to the Agency, are extra.
A DDA was approved with Century Crowell Communities to
construct the first five homes, and another DDA was negotiated '
with Highlands Palm Springs Venture to construct four more.
• Coyote Run Apartments Expansion. The project received its
financing from the State MHP program, HOME funds, and the
Resolution No. 1283
Page 3
Agency and began construction on December 15, 2004.
Additionally, the Agency committed an additional $350,000 to
cover the additional cost of escalating lumber prices.
• Single Family Rehab Program. Staff closed out the final home
repairs in this program, which expended approximately
$900,000 over three fiscal years. The goal was to finish the
program in 2003-04.
• Santiago Sunrise Mobile Horne Park, The Agency approved a
Disposition and Development Agreement with a non-profit
purchaser of the park, contributing the underlying fee interest in
the land at a value of $392,000. In addition, the City approved a
conduit Mortgage Revenue Bond on behalf of the non-profit to
purchase and upgrade the park.
ADOPTED THIS 81h day of June, 2005.
} z l
Chair
ATTEST:
istant Secretary
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss,
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, Assistant Secretary of the Community Redevelopment
Agency of the City of Palm Springs, hereby certify that Resolution No. 1283 is a
full, true and correct copy, and was duly adopted at a regular meeting of the
Community Redevelopment Agency of the City of Palm Springs on June 8, 2005,
by the following vote:
AYES: Members Foat, Mills, McCulloch, Pougnet and Chair Oden
NOES: None
ABSENT: None
1 ABSTAIN: None � �p
a es Thompson, Assistant Secretary
ommunity Redevelopment Agency
City of Palm Springs, California
i
RESOLUTION NO. 1284
A RESOLUTION OF THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING THE TRANSFER
OF PALOS VERDES VILLAS, A 98-UNIT RESIDENTIAL
APARTMENT COMPLEX, WITHIN THE NORTH PALM
CANYON PROJECT AREA TO COURTYARD PARTNERS -
PALM SPRINGS, L.P.
WHEREAS, the Community Redevelopment Agency of the City of Palm Springs
("AGENCY") has established an affordable housing set-aside fund in accordance with
Section 33000 et. Seq. of the California Health and Safety Code; and
WHEREAS, the AGENCY is engaged in activities necessary to execute and implement
the Redevelopment Plan for the North Palm Canyon Redevelopment project areas
which was adopted by Ordinance No. 1227 of the City Council of the City of Palm
Springs on September 19, 1984 and amended by Ordinance No. 1498 on December
21, 1994, Ordinance 1576 on December 15, 1999, Ordinance No. 1584 on May 31,
2000, and Ordinance 1623 on February 19, 2003; and
WHEREAS, by Resolution No. 849 dated February 19, 1992, the Agency approved an
Owner Participation Agreement ("OPA") with Palos Verdes Villas, Inc. ("PARTICIPANT')
for the development of ninety-eight (98) unit apartment complex and setting twenty (20)
units for persons of low income; and
WHEREAS, the Agency entered a Regulatory Agreement and Declaration of
Covenants, Conditions and Restrictions with the Participant on January 19, 1994: and
WHEREAS, the Participant, Agency and the California Housing Finance Agency
("CHFA") entered a Subordination Agreement on January 30, 1995, whereby the
Agency agreed to subordinate its Use Restrictions to the CFHA Deed of Trust and the
CHFA Regulatory Agreement, in accordance with California Health and Safety Code
Section 51335 (e), and amended by Resolution No. 1102 dated June 14, 2000; and
WHEREAS, by Resolution No. 1213 dated May 7, 2003, the Agency approved the
Transfer Ownership to the Donia Family Trust, Steven Donia and Corinna Everson,
Three Bears Partners, L.P. and Jeanne S. Nigh Trust, all as tenants in common; and
WHEREAS, the Participant has requested Agency approval to Transfer Ownership to
the Courtyard Partners - Palm Springs, L.P.; and
WHEREAS, in order to effectuate the purposes of the OPA and the preserve
redevelopment of the Project Area and in particular this development, the Agency has
determined that it is of benefit to the project area to approve this transfer of ownership;
and
NOW, THEREFORE, be it resolved that the Community Redevelopment Agency of the
City of Palm Springs, California, does hereby approve the following:
Resolution No. 1284
Page 2
SECTION 1. The Agency hereby determines that the project is of benefit to the project '
area and is necessary to effectuate the purposes of the Redevelopment
Plan.
SECTION 2. The Executive Director, or his designee, is authorized to forward a letter to
the Participant on behalf of the Agency approving the Transfer of
Ownership, in accordance with Section 5.2 of the February 19, 1992 OPA,
to the Courtyard Partners - Palm Springs, L.P.
Adopted this 29th day of June, 2005.
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
By
�/ ssistant Secretary Chai man
CA/
CERTIFICATION
STATE OF CALIFORNIA ) '
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, Assistant Secretary of the Community Redeveloopment Agency
of the City of Palm Springs, hereby certify that Resolution No. 1284 is a full, true and
correct copy, and was duly adopted at an adjourned regular meeting of the Community
Redevelopment Agency of the City of Palm Springs on June 29, 2005, by the following
vote:
AYES: Members Foat, Mills, McCulloch, Pougnet and Chairman Oden
NOES: None
ABSENT: None
ABSTAIN: None
;�ImesThompson, Assistant Secretary
City of Palm Springs, California
1
RESOLUTION NO. 1285
A RESOLUTION OF THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF PALM
SPRINGS, CALIFORNIA APPROVING CONTINUING
APPROPRIATIONS FROM FISCAL YEAR 2004-05 TO
FISCAL YEAR 2005-06
WHEREAS the Community Redevelopment Agency of the City of Palm Springs has
adopted a budget for Fiscal Year 2005-06; and
WHEREAS certain projects budgeted in the Fiscal Year 2004-05 budget have been
started but not completed; and
WHEREAS the unencumbered balances of those certain appropriations are necessary
for the completion of the projects;
NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of
the City of Palm Springs as follows:
Section 1. The Community Redevelopment Agency hereby authorizes carrying forward
to the nearest dollar, as continuing appropriations into Fiscal Year 2005-06 the amount
indicated or the final audited unencumbered balances, whichever is the lesser amount,
as of June 30, 2005 of the following accounts:
ACCOUNT NO: ACCOUNT TITLE AMOUNT
811-8191-42570 Printing & Publishing $ 2,588
811-8191-43200 Contractual Services 21,650
811-8191-50000 Unscheduled Capital Projects 151,913
811-8191-65142 Stevens / NPC DDA 198
811-8191-65148 NPC Sewer Improvements 18,625
811-8191-65163 St Light Powder Coating 24,924
811-8191-65169 Desert Hotel Property 18,438 238,336
812-8192-42570 Printing & Publishing 2,875
' 812-8192-43200 Contractual Services 32,684
Resolution No. 1285
Page 2
812-8192-50000 Unscheduled Capital Projects 2,391,681 '
812-8192-65154 Canyon Drainage Fee Study 10,515
S Palm Canyon
812-8192-65171 Widening 999,482 3,437,237
882-8382-50000 Unscheduled Capital Projects 655,820
882-8382-65122 SFR Rehab Program 77,160
882-8382-65145 Desert Highland Infill 39,251
882-8382-65146 Vista Sunrise 14,789
882-8382-65147 El Dorado MDH 375,475
882-8382-65170 D/H Infill Project 50,000 1,212,495
GRAND TOTAL $ 4,888,068 4,888,068
Section 2. All appropriations approved subsequent to passage of this Resolution for
Fiscal Year 2004-05, and not expended, are authorized to be continued into Fiscal Year
2005-06.
ADOPTED this 6th day of July, 2005.
�l
Chair
ATTEST:
sistant Secretary
Resolution No. 1285
Page 3
' CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, Assistant Secretary of the Community Redevelopment Agency
of the City of Palm Springs, hereby certify that Resolution No. 1285 is a full, true and
correct copy, and was duly adopted at a regular meeting of the Community
Redevelopment Agency of the City of Palm Springs on July 6, 2005, by the following
vote:'
AYES: Members Foat, Mills, McCulloch, Pougnet and Chair Oden.
NOES: None.
ABSENT: None.
ABSTAIN: None. �D
es Thompson, Assistant Secretary
lty of Palm Springs, California
r
RESOLUTION NO. 1286
' A RESOLUTION OF THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING A DISPOSITION
AND DEVELOPMENT AGREEMENT WITH VIP MOTOR
CARS, LTD. AND PARTNER LAND DEVELOPMENT, LLC
FOR THE DISPOSITION OF A PARCEL APPROXIMATELY
8 ACRES AT FAIR MARKET VALUE FOR THE
EXPANSION AND DEVELOPMENT OF A NEW BMW
AUTO ADJACENT TO THE EXISTING FACILITY AT 4095
EAST PALM CANYON DRIVE, MERGED PROJECT AREA
NO. 1 A0498C
WHEREAS, the Community Redevelopment Agency of the City of Palm Springs, California
("Agency") is constituted under the Community Redevelopment Law (California Health and
Safety Code Section 33000 et. seq.) to carry out the purpose as the redevelopment agency in
the City of Palm Springs ("the City"); and
WHEREAS, VIP Motor Cars, Ltd. ("Dealer"), FDH Enterprises, Inc. ("Original Developer') and
the Agency entered into a Disposition and Development Agreement in January, 2000 for the
Agency to provide financial assistance in their efforts to expand and upgrade their automobile
dealership at 4095 East Palm Canyon Drive, in order to retain the business in Palm Springs,
make it a more profitable facility for the dealer and the City, and increase the level of
employment; and
WHEREAS, expansion of the dealership created additional sales tax revenue for the City, as
well as create additional on-site jobs for documented low and moderate income households,
therefore improving the City's ability to provide services to all its residents, as well as overall
living conditions for low and moderate income households in the City; and
WHEREAS, Section 33430 of the Community Redevelopment Law allows that an agency
may, "for purposes of redevelopment, sell, lease, for a period not to exceed 99 years,
exchange, subdivide, transfer, assign, pledge, encumber by mortgage, deed of trust, or
otherwise, or otherwise dispose of any real or personal property or any interest in property;"
and
WHEREAS, the Agency is acquiring an 8 acre parcel adjacent to the dealership (APN 681
070 016) through an exchange of properties with the Bureau of Indian Affairs, which will be
effectuated through a simultaneous fee-to-trust transfer and trust-to-fee transfer of the
properties; and
WHEREAS, once it acquires the subject property, the Agency proposes to sell the parcel to
an affiliated company of the Dealer, Partner Land Development, LLC, ("Developer") for the
appraised fair market price of $2,760,000; and
' WHEREAS, Section 33432 of the Community Redevelopment Law requires that any such
disposition of property shall be conditioned on the redevelopment and use of the property in
conformity with the redevelopment plan; and
Resolution No. 1286
Page 2
WHEREAS, Developer now seeks to further expand and improve the dealership, which will '
result in additional public benefits through the acquisition of the property and the construction
of a new BMW facility;
WHEREAS, a Notice of Public Hearing concerning the Disposition and Development
Agreement was published in accordance with applicable law; and
WHEREAS, the Agency has considered the staff report, and all the information, testimony
and evidence provided during the public hearing on June 29, 2005.
NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the
City of Palm Springs as follows:
SECTION 1. The above recitals are true and correct and incorporated herein.
SECTION 2. Pursuant to the California Environmental Quality Act (CEQA), the
Community Redevelopment Agency finds that in connection with the
approval of the DDA, the exchange of parcels is Categorically Exempt
under Section 15061 (b)(3) of CEQA because the subsequent
development project will be required to perform an Initial Study that will
lead to a CEQA action. The exchange was also determined to be
Categorically Exempt under the National Environmental Policy Act
(NEPA) by the Bureau of Indian Affairs.
SECTION 3. The Developer proposes to develop and construct a new BMW
dealership on the 8-acre site. These improvements include a new
building of approximately 35,000 square feet, which shall include:
workshop and support areas; a wash and detail area; service reception
and administration; a parts department; a showroom; sales department;
general offices; personal facilities; and, a service drive under roof.
SECTION 4. This project further improves a previously blighted corner of Merged
Redevelopment Project Area No. 1 (formerly No. 9G) and will further
increase tax increment to the Agency and sales tax collections to the
City.
SECTION 5. The Agency does hereby find and determine as follows:
(a) The dealership property was originally developed in the
1950's and was occupied by Palm Springs Ford until the
1970's when it departed; however, while the dealership
currently has luxury brand names, the dealership itself has
declined in economic value over the past two decades due ,
to aging and obsolete facilities and poor visibility from East
Palm Canyon Drive. In 1998, the current owners acquired
VIP Motor Cars, Ltd. and began negotiating with the
Resolution No. 1286
Page 3
manufacturers regarding the manufacturers' requirements
for the dealership's facilities.
(b) The Original DDA, as amended, further effectuates the
purposes of the Community Redevelopment Law by
reversing or alleviating any serious physical, social, and
economic burden of the Community which cannot
reasonably be expected to be reversed or alleviated by
private enterprise acting alone, in that the assistance will
facilitate the redevelopment and operation of the
automobile dealership by causing the reconstruction and
upgrade of the property, placing the property in the hands
of a first class and experienced operator, in order to
maintain existing sales tax revenue and attract additional
commercial development within the City and increase the
City's tax base.
(c) This DDA further effectuates the purposes of the
Community Redevelopment Law as it is intended to
eliminate blight and promote the health, safety and general
welfare of the people of Palm Springs by facilitating a major
expansion of the dealership by acquiring a property the
' private owner was unable to acquire on his own.
SECTION 6. The parcel required a Bureau of Land Management ("BLM")
survey prior to the deed being issued by the Bureau of Indian
Affairs to the Agency. Agency prepared the survey, which was
submitted to the Bureau of Land Management for review and
subsequent approval. Concurrently with obtaining the BLM
survey and processing the Environmental Assessment (the
Bureau of Indian Affairs approval process), the allottee submitted
the Bureau of Indian Affairs application commencing the process
of placing the Agency's Parcel back into trust status to be held in
trust for her.
SECTION 7. The proposed project is consistent with the Implementation Plan
for this area, insofar as this project will increase tax increment and
will expand an already-existing successful business. It will
increase the City's commercial sector by expanding a major retail
business in the City, in order to further capture a portion of the
significant sales tax leakage that occurs in Palm Springs.
SECTION 8. Based on foregoing reasons, this Disposition and Development
' Agreement is hereby approved and incorporated herein by this
reference.
Resolution No. 1286
Page 4
SECTION 9. The Executive Director of the Agency, and/or his designee, is '
authorized to execute all necessary documents, in a form
approved by the Agency Counsel.
ADOPTED this 61h day of July, 2005.
COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
Chair
Yistant
���--ATTEST: Secretary
CERTIFICATION
STATE OF CALIFORNIA ) '
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, Assistant Secretary of the Community Redevelopment Agency of the
City of Palm Springs, hereby certify that Resolution No. 1286 is a full, true and correct copy,
and was duly adopted at a regular meeting of the Community Redevelopment Agency of the
City of Palm Springs on July 6, 2005, by the following vote:
AYES: Members Foat, Mills, McCulloch, Pougnet and Chair Oden.
NOES: None.
ABSENT: None.
ABSTAIN: None. p
?es ThmpsonAssistantSecretary
Palm Springs, California
RESOLUTION NO. 1287
A RESOLUTION OF THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA,
RESCINDING SECTION 5 OF RESOLUTION NO. 740 AND
SECTION 4 OF RESOLUTION NO. 742, AND APPROVING
AMENDMENT NO. 1 TO AN IMPLEMENTATION AGREEMENT
WITH VISTA SUNRISE APARTMENTS, LP TO AMEND TO
PROJECT DESCRIPTION FROM 85 UNITS WITH 7 TWO-
BEDROOM UNITS TO 80 UNITS WITH NO TWO-BEDROOM
UNITS TO EFFECTUATE THE DEVELOPMENT OF A LOW-
INCOME HIV/AIDS APARTMENT COMPLEX AND FAMILY
CARE FACILITY WEST OF SUNRISE WAY, SOUTH OF VISTA
CHINO ROAD, A0495C
WHEREAS, the Community Redevelopment Agency of the City of Palm Springs (the
"Agency") has established an affordable housing setaside fund in accordance with Section
33000 et. seq. of the California Health and Safety Code; and
WHEREAS, the Agency and the Developer have entered into that certain Restated and
Amended Disposition and Development Agreement ("RADDA") dated February 15, 2005
which provides for the construction of 85 affordable housing units pursuant to the terms of the
RADDA; and
WHEREAS, as the parties are beginning the implementation of the terms of the RADDA and
as a result of that endeavor have discovered that certain assumptions concerning financing
requirements and timing of the adjacent health care facility project have necessitated some
non-material revisions for purposes of the Agency in the form of the Promissory Notes and
Deeds of Trust which have to be clarified but which do not affect the Agency's basic financial
contribution to the Project or the Scope of the Project; and
WHEREAS, the Agency and Developer wish to clarify their understandings of how the
RADDA will be implemented by setting forth those understandings in this Implementation
Agreement, including a change in scope of development.
NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the
City of Palm Springs, as follows:
SECTION 1. The above recitals are true and correct and incorporated herein.
SECTION 2. This Amendment No. 1 to the Implementation Agreement with Vista
Sunrise Apartments, LP, is hereby approved and incorporated herein by
this reference.
SECTION 3. Section 5 of Agency Resolution 740 and Section 4 of Agency Resolution
No. 742, both of which state that "The property shall be held as an asset
of the Low and Moderate Income Fund for the development of a
congregate care facility for low-income elderly" are rescinded.
Page 2 V �V
SECTION 4. The Executive Director, or his designee, is hereby authorized to execute '
on behalf of the Agency the Amendment No. 1 to the Implementation
Agreement and other documents necessary to the Agreement, to amend
the project description to 80 one bedroom and studio units, and make
minor changes as may be deemed necessary, in a form approved by
Agency Counsel.
ADOPTED this 7th day of September, 2005.
COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
r 5
Chair
ATTEST:
� sistant Secretary
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, Assistant Secretary of the Community Redevelopment Agency of the
City of Palm Springs, hereby certify that Resolution No. 1287 is a full, true and correct copy,
and was duly adopted at a regular meeting of the Community Redevelopment Agency of the
City of Palm Springs on September 7, 2005, by the following vote:
AYES: Members Foat, Mills, McCulloch, Pougnet and Chair Oden.
NOES: None
ABSENT: None
ABSTAIN: None
es Thompson, Assista t Secretary
ity of Palm Springs, California
RESOLUTION NO. 1288
A RESOLUTION OF THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING AN
AGREEMENT WITH ANDY NEUMANN
DEMOLITION, IN THE AMOUNT OF $75,000.00
FOR THE DESERT HOTEL DEMOLITION
PROJECT, CP 05-14. A0499C.
BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY of the City of Palm
Springs, California, approving an Agreement with Andy Neumann Demolition, in the amount
of $75,000.00 for the Desert Hotel Demolition Project, CP 05-14, and authorize the Executive
Director to execute all necessary documents.
ADOPTED this 215t day of September, 2005.
COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
Chair
ATTEST:
Distant Secretary
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, J.AMES THOMPSON, Assistant Secretary of the Community Redevelopment Agency of the
City of Palm Springs, hereby certify that Resolution No. 1288 is a full, true and correct copy,
and was duly adopted at a regular meeting of the Community Redevelopment Agency of the
City of Palm Springs on September 21, 2005, by the following vote:
AYES: Members Foat, Mills, Pougnet and McCulloch.
NOES: None
ABSENT: Chair Oden
ABSTAIN: None
J es Thompson, Assistant Secretary
ity of Palm Springs, California
RESOLUTION NO. 1289
A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
AMENDMENT NO. 2 TO AGREEMENT NO. 0472C A LICENSE
BETWEEN THE AGENCY AND GEIGER, LLC FOR PERFORMANCE OF
REMEDIATION WORK ON AGENCY OWNED LAND LOCATED AT THE
NORTHEAST CORNER OF GENE AUTRY TRAIL AND RAMON ROAD.
A0472C.
WHEREAS, the Community Redevelopment Agency of the City of Palm Springs, California
("Agency") is constituted under the Community Redevelopment Law (California Health and
Safety Code Section 33000 et. seq.) to carry out the purpose of redevelopment in the City of
Palm Springs ("the City"); and
WHEREAS, the Agency and Geiger, LLC ("Geiger") entered into that certain License for
Performance of Remediation Work (the "License"), which was approved pursuant to Agency
Resolution No. 1239 adopted on March 17, 2004, and amended pursuant to Agency
Resolution No. 1278 adopted on March 16, 2005, to allow Geiger to enter upon Agency-
owned property to undertake the remediation of soil conditions on property located at the
northeast corner of Gene Autry Trail and Ramon Road (the "Site"); and
WHEREAS, Geiger is in the process of finalizing its implementation of the Remediation
Action Workplan approved by the California Department of Toxic Substances Control
("DI-SC") on March 4, 2004 for the remediation of the Site; and
WHEREAS, the License is due to terminate on October 17, 2005 unless extended; and
WHEREAS a six-month extension of the License is required for completion of activities
related to the remediation including final certification by the DTSC, the fact that the PM-10
Permit issued by the City for the clean-up activities will require dust control for both the
Agency and Geiger-owned properties until the site surface is developed and the temporary
fence around the entire site must remain to maintain site security.
THE: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The above recitals are true and correct and incorporated herein.
SECTION 2. Amendment No. 2 to the License between the Community
Redevelopment Agency of the City of Palm Springs and Geiger, LLC for
Performance of Remediation Work, is hereby approved extending the
termination date of the License by six months to April 17, 2006.
SECTION 3, The Executive Director, or his designee, is hereby authorized to execute
on behalf of the Agency Amendment No. 2 to the License for
Performance of Remediation Work, and make minor changes as may be
deemed necessary, in a form approved by Agency Counsel.
Resolution No 1289
Page 2
ADOPTED this 51h day of October 2005. '
COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
Chair
ATTEST:
sistant Secretary
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, Assistant Secretary of the Community Redevelopment Agency of the
City of Palm Springs, hereby certify that Resolution No. 1289 is a full, true and correct copy, '
and was duly adopted at a regular meeting of the Community Redevelopment Agency of the
City of Palm Springs on October 5, 2005, by the following vote:
AYES: Agency Members Foat, Mills, Pougnet and Vice Chair McCulloch.
NOES: None
ABSENT: Chair Oden
ABSTAIN: None �Q
mes Thompson, Assistant Secretary
City of Palm Springs, California
1
RESOLUTION NO. 1290
A RESOLUTION OF THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PARTICIPATION IN THE CALIFORNIA MOBILE
HOME PARK RESIDENT OWNERSHIP PROGRAM (MPROP)
LOANS TO LOW-INCOME RESIDENTS OF EL DORADO MOBILE
COUNTRY ESTATES TO EFFECTUATE THE PURCHASE OF
THEIR LOTS, IN AN AGGREGATE AMOUNT NOT-TO-EXCEED
$150,000.00, AND GRANT THE EXECUTIVE DIRECTOR
AUTHORITYTO SIGN ALL ESCROW DOCUMENTS NECESSARY
TO COMPLETE THE TRANSACTIONS.
NOW THEREFORE BE IT RESOLVED bythe Community Redevelopment Agency of the Cityof
Palrn Springs that it approves participation in the California Mobile Home Park Resident
Ownership Program (MPROP) loans to low-income residents of El Dorado Mobile Country
Estates to effectuate the purchase of their lots, in an aggregate amount not to exceed $150,000,
and grants the Executive Director to sign all escrow documents necessary to complete the
transactions.
ADOPTED this 5th day of October, 2005.
1 COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
Chair
ATTEST:
sistant Secretary
1
Resolution No. 1290
Page 2
CERTIFICATION
STATE OF CALIFORNIA ) '
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, Assistant Secretary of the Community Redevelopment Agency of the
City of Palm Springs, hereby certify that Resolution No. 1290 is a full, true and correct copy, and
was duly adopted at a regular meeting of the Community Redevelopment Agency of the City of
Palm Springs on October 5, 2005, by the following vote:
AYES: Agency Members Foat, Mills, Pougnet and Vice Chair McCulloch.
NOES: None
ABSENT: Chair Oden
ABSTAIN: None
mes Thompson, Assistant Secretary
ity of Palm Springs, California
RESOLUTION NO. 1291
A RESOLUTION OF THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING AN EXCLUSIVE AGREEMENT TO NEGOTIATE
WITH NEXUS COMPANIES FOR THE DISPOSITION OF A 5.7+
ACRE AGENCY OWNED PARCEL FOR THE DEVELOPMENT OF
A FOUR-STAR HOTEL AND CONDOMINIUM PROJECT
ADJACENT TO THE CONVENTION CENTER AT THE
SOUTHEAST CORNER OF CALLE EL SEGUNDO AND ANDREAS
ROAD, MERGED PROJECT AREA NO. 2.
WHEREAS, the Community Redevelopment Agency of the City of Palm Springs, California,
("Agency") is constituted under the Community Redevelopment Law (California Health and
Safety Code Section 33000 et. seq.)to carry out the purpose as the redevelopment in the City of
Palm Springs (:the City"); and
WHEREAS, Nexus Companies ("Developer") made a proposal to develop a four-star group
meeting hotel on a 5.7 acre Agency-owned site under the terms of a Request for
Qualifications/Conceptual Proposals dated June 8, 2005; and
WHEREAS, expansion of the hotel inventory in proximity to the City's Convention Center,
especially in the four-star category, is an objective of the City and Agency to increase the vitality
of the downtown area, the Convention Center, and the tourism industry; and
WHEREAS, Section 33430 of the Community Redevelopment Law allows that an agency may,
"for the purposes of redevelopment, sell, lease, for a period not to exceed 99 years, exchange,
subdivide, transfer, assign, pledge, encumber by mortgage, deed of trust, or otherwise dispose
of any real or personal property or any interest in property;" and
WHEREAS, the Agency and Developer are processing a Disposition and Development
agreement ("DDA") relative to the development of the four-star hotel on the site; and
NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the City
of Palm Springs, California,that an Exclusive Agreement to negotiate with Nexus Companies,for
a period of 18 months for an Agency-owned property located at the southeast corner of Calle El
Segundo and Andreas Road, is hereby approved and the Executive Director is hereby
authorized to execute the Agreement and all related documents in a form acceptable to the
Agency Counsel and enter Developer-funded contracts for the purpose of appraisals,
environmental review and project planning on behalf of the Agency for the purpose of this
project.
ADOPTED this 5th day of October, 2005.
Resolution No. 1291
Page 2
COMMUNITY REDEVELOPMENT AGENCY '
CITY OF PALM SPRINGS, CALIFORNIA
Chair
ATTEST:
;0i
✓ �e ." '.�Yti •—�,nt Secretary
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, Assistant Secretary of the Community Redevelopment Agency of the
City of Palm Springs, hereby certify that Resolution No. 1291 is a full, true and correct copy, and
was duly adopted at a regular meeting of the Community Redevelopment Agency of the City of
Palm Springs on October 5, 2005, by the following vote:
AYES: Agency Members Foat, Mills, Pougnet and Vice Chair McCulloch.
NOES: None
ABSENT: Chair Oden
ABSTAIN: None
es Thompson, Assistant Secretary
ity of Palm Springs, California
RESOLUTION NO. 1291A
A RESOLUTION OF THE COMMUNITY RE-DEVELOPMENT
AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA,
SUPPORTING AN APPLICATION BY LINC HOUSING
CORPORATION AND TAHQUITZ COURT APARTMENTS, L.P. A
CALIFORNIA LIMITED PARTNERSHIP, TO THE CALIFORNIA
DEBT LIMITATION ALLOCATION COMMITTEE FOR PROJECT
FINANCING OF THE ACQUISITION (REFINANCING) AND
REHABILITATION OF THE 108-UNIT TAHQUITZ COURT
APARTMENTS, AND THE CONSTRUCTION OF A NEW 2,800
SQUARE FOOT COMMUNITY ROOM AT 2800, 2890, 2900 and
2990 EAST TAHQUITZ CANYON WAY, INCLUDING AGENCY
FINANCIAL PARTICIPATION NOT TO EXCEED $2,800,000 IN
GAP FINANCING OVER 10 YEARS; AND DIRECTING STAFF
TO DRAFT AN OWNER PARTICIPATION AGREEMENT ("OPA").
A0501 C.
WHEREAS, the Community Redevelopment Agency of the City of Palm Springs (the
"Agency") has established an affordable housing setaside fund in accordance with Section
33000 et. seq. of the California Health and Safety Code; and
WHEREAS, the funds are earmarked for the acquisition, construction, or rehabilitation of
affordable housing to benefit the community; and
WHEREAS, the owners of Tahquitz Court Apartments, the Corporate Fund for Housing
("CFH"), d.b.a., LINC Housing Corporation of Long Beach, CA ("LINC Housing"), the newly
formed California limited partnership of Tahquitz Court Housing Partners, L.P. and its
managing general partner/developer, LINC Housing (collectively, the "Developer"), intend to
apply for tax-exempt bonds and California 4% Low Income Housing Tax Credits for the
refinancing, rehabilitation and construction of a new 2,800 s.f. community room and have
sought Agency financial assistance to cover a portion of the development cost; and
WHEREAS, pursuant to the California Community Redevelopment Law (Health & Safety
Code § 33000 et seq.), the City of Palm Springs ("City") pursuant to a resolution adopted July
20, 2005, approved the issuance of tax-exempt bonds on behalf of LINC Housing Corporation
("Developer') for the acquisition and rehabilitation of the affordable 108 unit multifamily rental
apartment complex to remain affordable for a period of 55 years (the 'Project') located in the
City of Palm Springs at 2800, 2890, 2900 and 2990 East Tahquitz Canyon Way; and
WHEREAS, the Developers will submit a Low Income Housing Tax Credit (LIHTC)
application to the California Tax Credit Allocation Committee for the December, 2005
application, and shall apply for state Multifamily Housing Program (MHP) funds for the
development of the project and HOME funds through Riverside County; and
WHEREAS, the owners still agree to continue to restrict, though a Regulatory Agreement
approved as an attachment to the OPA, the rents on 100% of the existing units (107) to levels
Resolution No. 1291A
Page 2
affordable to families with incomes no more than 60% of Area Median Income (AM]) for a
period of 55 years; and
WHEREAS, the Owner Participation Agreement between the Agency and Developer shall be
drafted after the Project has received a commitment of bonds and tax credits, and return to
the Agency for approval; it shall provide for assistance by the Agency to the Project in the
form of subordinated loans to be repaid from Project revenues.
NOW, THEREFORE, BE IT RESOLVED, by the Community Development Agency of the City
of Palm Springs, as follows:
1. The Agency hereby approves of the Developer' Application for a 4% Low Income
Housing Tax Credit allocation through the California Tax Credit Allocation
Committee.
2. The Agency offers its approval of a Note to the Developer on behalf of the Project,
subject to the successful negotiation of an Owner Participation Agreement, on the
following terms: (i) the Agency shall provide an initial loan of $800,000 upon the
successful completion of the bond closing; (ii) the Agency shall make loan annual
advances to Developer of$200,000 per year for 10 years for the purpose of retiring
a Series B bond; (iii) the note provides the Agency security for the Regulatory
Agreement which contains the affordability provisions and other performance '
requirements; the interest on the Agency note shall be 1% simple interest, payable
from residual receipts on the project; and the note shall be for a period of 55 years.
1 Agency staff is directed to bring an Owner Participation Agreement to the Agency
containing the above terms upon a successful bond- and tax credit allocation by
the Developer.
4. The Executive Director is hereby authorized and directed, on behalf of the Agency,
to execute all documents, including applications or letters of intent or commitment,
related to the Project and the purposes of this Resolution.
5. The adoption of this Resolution shall not obligate (i) the City to provide financing to
the Developer for the acquisition or development of the Project or to issue the
Bonds for purposes of such financing; (ii) the City, Agency, or any department
thereof, or the City, or any department thereof, to approve any application or
request for, or take any other action in connection with, any environmental, General
Plan, zoning, or any other permit or other action necessary to effectuate the
Project.
6. This resolution is being adopted by the Agency for purposes of stabling compliance
with the requirements of Section 1.142-4 and Section 1.150-2 of the United States
Treasury Regulations and for the purpose of inducing the Developer to undertake '
the acquisition and development of the Project.
Resolution No. 1291A
Page 3
ADOPTED this 19th day of October, 2005.
COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
Chair I
ATTEST:
A Otant Secretary
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JIAMES THOMPSON, Assistant Secretary of the Community Redevelopment Agency of the
City of Palm Springs, hereby certify that Resolution No. 1291A is a full, true and correct copy,
and was duly adopted at a regular meeting of the Community Redevelopment Agency of the
City of Palm Springs on October 19, 2005, by the following vote:
AYES: Agency Members Foat, Mills, Pougnet, Vice Chair McCulloch and Mayor Oden
NOES: None
ABSENT: None
ABSTAIN: None
mes Thompson, Assistant Secretary
ity of Palm Springs, California
RESOLUTION NO. 1292
A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A
DISPOSITION AND DEVELOPMENT AGREEMENT WITH GEIGER, LLC
FOR THE DISPOSITION OF APPROXIMATELY 14 ACRES OF LAND
FOR THE DEVELOPMENT OF A RETAIL SHOPPING CENTER AT THE
NORTHEAST CORNER OF RAMON ROAD AND GENE AUTRY TRAIL
(HIGHWAY 111) IN MERGED PROJECT AREA NO. 1. A0503C
WHEREAS, the Community Redevelopment Agency of the City of Palm Springs, California
("Agency") is a public body, corporate and politic, exercising governmental functions and
powers and organized and existing under the Community Redevelopment Law of the State of
California (Health and Safety Code Section 33000 et. seq.); and
WHEREAS, the Agency desires to effectuate the Amended and Restated Redevelopment
Plan for Merged Redevelopment Project No. 1, which includes the Ramon-Bogie Constituent
Area, by providing for the development of a regional retail shopping center featuring a "big
box" retail use (the "Project") within a portion of the approximately 38-acre vacant property at
the northeast corner of Ramon Road and Gene Autry Trail/Highway 111 (the "Site") in the
City of Palm Springs, California; and
WHEREAS, the Agency and Geiger, LLC ("Geiger") entered into that certain "Exclusive
Agreement to Negotiate", "Amended and Restated Exclusive Agreement to Negotiate" and
"Second Amended and Restated Exclusive Agreement to Negotiate" ("Prior Exclusive
Agreements") in order to negotiate diligently and in good faith to prepare and enter into a
Disposition and Development Agreement ("DDA") for the development of the Project; and
WHEREAS, the Agency approved a "License for Performance of Remediation Work", as
subsequently amended (the "License"), to allow Geiger to enter upon Agency-owned property
to undertake the remediation of soil conditions on the Site in accordance with its
implementation of the Remediation Action Workplan approved by the California Department
of Toxic Substances Control ("DTSC") on March 4, 2004 for the remediation of the Site; and
WHEREAS, the construction of the Project will result in additional sales tax revenue and jobs
for the City, therefore improving the City's ability to provide services to all its residents, as
well as improve overall living conditions for low and moderate income households in the City;
and
WHEREAS, Section 33430 of the Community Redevelopment Law allows that an agency
may, "for purposes of redevelopment, sell, lease, for a period not to exceed 99 years,
exchange, subdivide, transfer, assign, pledge, encumber by mortgage, deed of trust, or
otherwise, or otherwise dispose of any real or personal property or any interest in property;"
and
WHEREAS, the Agency desires to transfer to Geiger approximately 14 acres of land owned
by the Agency to allow for the development of the Project; and
Resolution No. 1292
Page 2
WHEREAS, Section 33432 of the Community Redevelopment Law requires that any such '
disposition of property shall be conditioned on the redevelopment and use of the property in
conformity with the redevelopment plan; and
WHEREAS, a Notice of Public Hearing concerning the Disposition and Development
Agreement was published in accordance with applicable law; and
WHEREAS, the Agency has considered the staff report, and all the information, testimony
and evidence provided during the public hearing on November 2, 2005.
NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the
City of Palm Springs, California as follows:
SECTION 1. The above recitals are true and correct and incorporated herein.
SECTION 2. Geiger proposes to develop and construct an approximately 393,000 square
foot retail shopping center on the approximate 38-acre Site which includes the
Agency's 14 acres. The Project includes a 117,000 square foot home
improvement store and adjacent 35,000 square foot garden center, nine
additional major tenant spaces ranging in size from 10,000 square feet to
36,000 square feet, four retail stores ranging from 6,000 square feet to 12,600
square feet, and four restaurants ranging from 3,200 to 9,500 square feet. '
SECTION 3. The Project improves a blighted portion of the Ramon-Bogie Constituent Area
of Merged Redevelopment Project No. 1 and will further increase tax increment
to the Agency and sales tax collections to the City.
SECTION 4. Pursuant to the California Environmental Quality Act (CEQA), the Community
Redevelopment Agency finds that in connection with the approval of the DDA,
the City Council certified the Final EIR for the Project on October 19, 2005.
SECTION 5. The Agency does hereby find and determine as follows:
(a) The property was used as a municipal landfill that accepted
household refuse and inert construction waste from the early
1930s until the early 1960s. As a separate project, a Removal
Action Workplan ("RAW") approved in March 2004 by CaIEPA
Department of Toxic Substances Control ("DTSC") has recently
been completed by Geiger, LLC at the site to excavate and
manage soil and landfill refuse/debris associated with the former
landfill site. Consequently, any potential hazards associated with
the site's previous use as a municipal landfill were effectively
mitigated from the site during the RAW process. The DDA
provides environmental indemnity for the Agency by Geiger, and
California's Polanco Redevelopment Act provides immunity from
liability for redevelopment agencies and subsequent property
Resolution No. 1292
Page 3
purchasers for sites cleaned up under a cleanup plan approved by
DTSC.
(b) The DDA further effectuates the purposes of the Community
Redevelopment Law by reversing or alleviating any serious
physical, social, and economic burden of the Community which
cannot reasonably be expected to be reversed or alleviated by
private enterprise acting alone, in that it will clean up a blighted
parcel and a potential health hazard to the community and that it
will provide for additional commercial development within the City
and increase the City's tax base.
(c) The DDA further effectuates the purposes of the Community
Redevelopment Law as it is intended to eliminate blight and
promote the health, safety and general welfare of the people of
Palm Springs by facilitating a major commercial development.
SECTION 6. The Project is consistent with the Implementation Plan for this area, insofar as
the Project will increase tax increment and increase the City's commercial
sector by attracting major retail businesses to the City, in order to further
capture a portion of the significant sales tax leakage that occurs in Palm
Springs.
SECTION 7. Based on the foregoing reasons, this Disposition and Development Agreement
is hereby approved and incorporated herein by this reference.
SECTION 8. The Executive Director of the Agency, and/or his designee, is authorized to
execute all necessary documents, in a form approved by the Agency counsel.
ADOPTED this 16th day of November 2005.
COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
Chair
ATTEST:
A613istant Secretary
j rr
Resolution No. 1292
Page 4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, Assistant Secretary of the Community Redevelopment Agency of the
City of Palm Springs, hereby certify that Resolution No. 1292 is a full, true and correct copy,
and was duly adopted at a regular meeting of the Community Redevelopment Agency of the
City of Palm Springs on November 16, 2005, by the following vote:
AYES: Agency Members Foat, Mills, Pougnet, Vice Chair McCulloch and Chair Oden
NOES: None
ABSENT: None
ABSTAIN: None
JFmes Thompson, Assistant'Secretary
/ .City of Palm Springs, California
RESOLUTION NO. 1293
A RESOLUTION OF THE CITY OF PALM SPRINGS
COMMUNITY REDEVELOPMENT AGENCY APPROVING
AMENDMENT NO. 1 TO, 0490C A DISPOSITION AND
DEVELOPMENT AGREEMENT (DDA) BETWEEN CENTURY
CROWELL COMMUNITIES, LP D/B/A MOUNTAIN GATE II
PALM SPRINGS VENTURE, LLC AND THE COMMUNITY
REDEVELOPMENT AGENCY, ADJUSTING THE ALLOWED
MODERATE INCOME SALES PRICE BASED ON THE MARCH,
2005 HUD INCOME GUIDELINES FOR FIVE SINGLE FAMILY
INFILL HOMES FOR MODERATE INCOME HOUSEHOLDS IN
THE DESERT HIGHLAND GATEWAY AREA OF MERGED AREA
NO. 1.
NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm
Springs that Amendment No. 1 to a Disposition and Development Agreement with Century Crowell
Communities, LP d/b/a Mountain Gate II Palm Springs Venture, LLC adjusting the allowed moderate
income sales price based on the March, 2005 HUD income guidelines for five single family infill
homes for moderate income households in the Desert Highland area of Merged Area No. 1 is hereby
approved and the Executive Director or his designee is hereby authorized to execute all documents
related to the Agreement.
ADOPTED this 7`h day of December, 2005.
COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
s
Chair
ATTEST:
i/istant Secretary
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, Assistant Secretary of the Community Redevelopment Agency of the
City of Palm Springs, hereby certify that Resolution No. 1293 is a full, true and correct copy,
and was duly adopted at a regular meeting of the Community Redevelopment Agency of the
City of Palm Springs on December 7, 2005, by the following vote:
AYES: Agency Member Mills, Agency Member Pougnet, Agency Member McCulloch,
Vice Chair Foat and Chair Oden
NOES: None
ABSENT: None
ABSTAIN: None
J es Thompson, Assista t Secretary
ity of Palm Springs, California
RESOLUTION NO. 1294
A RESOLUTION OF THE CITY OF PALM SPRINGS
COMMUNITY REDEVELOPMENT AGENCY
APPROVING A CONSTRUCTION STAGING
LICENSE AGREEMENT BETWEEN CENTURY
CROWELL COMMUNITIES, LP AND THE
COMMUNITY REDEVELOPMENT AGENCY, FOR
CONTRUCTION STAGING ON THE GARDEN
SPRINGS APARTMENT SITE, NORTH INDIAN
CANYON DRIVE AND SAN RAFAEL ROAD
NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the
City of Palm Springs, that a Construction Staging License Agreement with Century Crowell
Communities, LP for the short term use of the Garden Springs Apartments site at the
southeast corner of North Indian Canyon Drive and San Rafael Road for construction staging,
is hereby approved and the Executive Director, or his designee, is hereby authorized to
execute on behalf of the Agency the necessary documents to complete the approved
purchase.
ADOPTED this 71h day of December 2005.
COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
i
Chair
ATTEST:
,;/Isistant Secretary
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, ,JAMES THOMPSON, Assistant Secretary of the Community Redevelopment Agency of the
City of Palm Springs, hereby certify that Resolution No. 1294 is a full, true and correct copy,
and was duly adopted at a regular meeting of the Community Redevelopment Agency of the
City of Palm Springs on December 7 2005, by the following vote:
Resolution No. 1294
Page 2
AYES: Agency Member Mills, Agency Member Pougnet, Agency Member McCulloch, '
Vice Chair Foat and Chair Oden
NOES: None
ABSENT: None
ABSTAIN: None
mes Thompson, Assistant Secretary
City of Palm Springs, California
RESOLUTION NO. 1295
A RESOLUTION OF THE CITY OF PALM SPRINGS
COMMUNITY REDEVELOPMENT AGENCY
APPROVING AMENDMENT NO. 1 TO
AGREEMENT NO. 0478C WITH WESSMAN
DEVELOPMENT COMPANY, FOR THE
DEVELOPMENT OF A BOUTIQUE HOTEL AT THE
SOUTHWEST CORNER OF CAHUILLA ROAD AND
TAHQUITZ CANYON WAY, MERGED AREA NO.1.
WHEREAS, the Community Redevelopment Agency of the City of Palm Springs, California
("Agency") is constituted under the Community Redevelopment Law (California Health and
Safety code Section 33000 et. seq.) to carry out the purpose as the redevelopment agency in
the City of Palm Springs ("City"); and
WHEREAS, on May 19, 2004 the Agency approved an Owner Participation Agreement with
John Wessman d/b/a Wessman Development Company to facilitate the development of a 48-
room boutique hotel on Wessman's property, with the consent and release from Frank Tysen
and Therese Hayes, owners of the adjacent Casa Cody Country Inn (collectively, "Casa
Cody"); and
WHEREAS, Wessman has asked for an extension in the Schedule of Performance to allow
additional time to obtain entitlements for the hotel project, in order to coordinate the approval
process with that of the Desert Fashion Plaza; and
WHEREAS, the Agency has considered the staff report, and all the information, testimony
and evidence provided at its regularly scheduled meeting of May 19, 2005.
NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the
City of Palm Springs as follows:
SECTION 1. The above recitals are true and correct and incorporated herein.
SECTION 2. The Developer proposes to construct a new high-end hotel on the 36,900
s.f. parcel at the southwest corner of Cahuilla Road and Tahquitz
Canyon Way, and seeks accommodation through the code to transfer
some of the development rights from the adjacent Winter property, which
the Agency has foregone a legal opportunity to purchase.
SECTION 3. The intent of the Owner Participation Agreement is to help the Owner
facilitate the development of a 48-room room hotel in style and quality
similar to a "W" hotel. The project still needs to go through the Planning
approval process. The Owner, in turn, is commited to a development
a schedule, as well as a maximum development "envelope". He is seeking,
through the amendment, to extend the development schedule to allow
until January 31, 2006, to obtain entitlements. Other requirements shall
be placed on the project by the City in the entitlement process, including,
Resolution No. 1295
Page 2
but not limited to, a parking covenant to run with the land on the Owner's
property at the Desert Fashion Plaza. The Agency obtained a consent
and release of the maximum development envelope from the
neighboring property owners, Casa Cody. The agreement shall have a
schedule of three (3) years, which has not been extended.
SECTION 4. The Agency does hereby find and determine as follows:
(a) The Owners property was originally developed in the
1920's or 1930's and by the early 1980's was razed and
has remained vacant for over 20 years.
(b) The OPA effectuates the purposes of the Community
Redevelopment Law by reversing or alleviating any serious
physical, social, and economic burden of the Community
which cannot reasonably be expected to be reversed or
alleviated by private enterprise acting alone, in that the
OPA will facilitate the redevelopment of the hotel site by
causing the reconstruction and upgrade of the property and
locating at the property a first class hotel, in order to
increase transient occupancy tax revenue and attract
additional high-end hotel and retail development within the
City and increase the City's tax base.
(c) The OPA effectuates the purposes of the Community
Redevelopment Law as it is intended to eliminate blight and
promote the health, safety and general welfare of the
people of Palm Springs.
SECTION 5. The proposed project is consistent with the Amended and
Restated Redevelopment Plan for Merged Area No. 1, insofar as
this project will increase tax increment and will expand hotel
opportunities and transient occupancy tax. It will increase the
City's commercial sector by locating a high-end boutique hotel at
the boundary of the City's downtown and Tennis Club area, in
order to capture ever more affluent visitors to the downtown and
create additional retail demand in Palm Springs.
SECTION 6. Based on foregoing reasons, this Amendment No. 1 to the Owner
Participation Agreement is hereby approved and incorporated
herein by this reference.
Resolution No. 1295
Page 3
SECTION 7. The Chairman of the Agency is authorized to execute all
necessary documents, in a form approved by the Agency
Counsel.
ADOPTED this 7th day of December, 2005.
COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
Chair
ATTEST:
/,A sistant Secretary
� CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, Assistant Secretary of the Community Redevelopment Agency of the
City of Palm Springs, hereby certify that Resolution No. 1295 is a full, true and correct copy,
and was duly adopted at a regular meeting of the Community Redevelopment Agency of the
City of Palm Springs on December 7, 2005, by the following vote:
AYES: Agency Member Mills, Agency Member McCulloch and Chair Oden
NOES: Vice Chair Foat and Agency Member Pougnet
ABSENT: None
ABSTAIN: None
/ es Thompson, Assistant Secretary
,Ity of Palm Springs, California