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HomeMy WebLinkAbout1/1/2004 - CRA RESOLUTIONS RESOLUTION NO. 1236 ' OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS CONSENTING TO A JOINT PUBLIC HEARING ON THE PROPOSED SECOND AMENDMENT TO THE MERGED REDEVELOPMENT PLAN FOR MERGED REDEVELOPMENT PROJECT NO.2 AND DIRECTING THE CITY CLERK TO SET THE HEARING DATE AND TO COMPLY WITH ALL LEGALLY REQUIRED NOTIFICATION WHEREAS, the City Council of the City of Palm Springs, California ("City Council") and the Community Redevelopment Agency of the City of Palm Springs("Agency')desire to amend the Merged Redevelopment Plan for Merged Redevelopment Project Area No. 2 to reestablish eminent domain authority on certain property within the Tahquitz-Andreas Constituent Area of the Merged Redevelopment Project Area No.2("Second Amendment'); and WHEREAS, pursuant to Sections 33458 and 33355 of the California Community Redevelopment Law, Health and Safety Code Section 33000 et seq. ("Law"), a joint public hearing on the Second Amendment may be held with the consent of the City Council and Agency. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Springs as follows: ' SECTION 1. The above recitals are true and correct and incorporated herein. SECTION 2. That the City Council of the City of Palm Springs hereby consent to holding a joint public hearing with the Community Redevelopment Agency of the City of Palm Springs for the purpose of considering the proposed Second Amendment to the Merged Redevelopment Plan for Merged Redevelopment Project No. 2, and directs the City Clerk to set the hearing date and to give notice of the joint public hearing in the form and manner required by Law. ADOPTED this 171h day of March, 2004. AYES: Members Foat, McCulloch, Pougnet and Chairman Oden NOES: None ABSENT: Member Mills ATT COMMUNITY REDEVELOPMENT AGENCY Assistant Secretary Chairman REVIEWED & APPROVED RESOLUTION NO. 1237 OF THE COMMUNITY REDEVELOPMENT AGENCY OF ' THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR THE 2003-04 FISCAL YEAR. WHEREAS Resolution 1216 approving the budget for the fiscal year 2003-04 was adopted on June 4, 2003; 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 1216, adopting the budget for the 2003-04 fiscal year is hereby amended as follows: SECTION 1. ADDITIONS Fund Activity Account Amount 851 8209 Debt Service $60,000 SECTION 2. SOURCE ' Fund Activity Account Amount Fund Balance $60,000 Adopted this 1V� day of March, 2004 AYES: Members Foat, McCulloch, Pougnet and Chairman Oden NOES: None ABSENT: Member Mills COMMUNITY REDEVELOPMENT AGENCY OF TH,E, RY OF PAL10 SPRINGS Assistant Secretary Ch firma REVIEWED AND APPROVED AS TO FORM , ' RESOLUTION NO. 1238 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A SECOND AMENDED AND RESTATED EXCLUSIVE AGREEMENT TO NEGOTIATE WITH GEIGER, LLC OF BEVERLY HILLS, CALIFORNIA FOR THE PURCHASE AND DEVELOPMENT OF A REDEVELOPMENT- AGENCY-OWNED PARCEL AND A PRIVATELY OWNED PARCEL IN MERGED PROJECT AREA #1 (FORMERLY THE RAMON-BOGIE REDEVELOPMENT PROJECT AREA) A00439C WHEREAS the Community Redevelopment Agency does own a parcel of land of approximately 14 acres in Merged Project Area #1, formerly known as the Ramon-Bogie Project Area; and WHEREAS the Agency desires to sell the parcel to a developer that can return the land to productive use and facilitate additional development in the area around the site, including the generation of sales tax for the City of Palm Springs, and WHEREAS Geiger, LLC of Beverly Hills ("Geiger"), has determined that the development of the site may be practical for a Shopping Center development; and WHEREAS Geiger has performed under the terms of the Original Agreement, and has asked for additional time to complete the remediation process and the land use entitlement process for a period of three years on the parcel while they conclude the Shopping Center entitlement and development process and while the remediation work is done; and WHEREAS, the additional term of the negotiating agreement beyond the entitlement phase ensures investors and lenders that, but for the provisions of Redevelopment Law that do not allow the Agency to dispose of property prior to a CEQA action, Geiger could gain fee title to the parcel prior to commencing remediation. Resolution 1238 Page 2 , NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, that the Second Amended and Restated Exclusive Agreement to Negotiate between the Agency and Geiger, LLC, in a form acceptable to Agency Counsel, is hereby approved. ADOPTED this 17`h day of March, 2004. AYES: Members Foat, McCulloch, Pougnet and Chairman Oden NOES: None ABSENT: Member Mills ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA By 4Assis nt Secretary Chairman airman REVIEWED & APPROVED AS TO FORM RESOLUTION NO. 1239 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A LICENSE BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS AND GEIGER, LLC FOR PERFORMANCE OF REMEDIATION WORK OF AN AGENCY-OWNED PARCEL IN MERGED PROJECT AREA #1 (FORMERLY THE RAMON-BOGIE REDEVELOPMENT PROJECT AREA). A00472C WHEREAS, the 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 §§ 33000, et seq.); and WHEREAS, the Agency desires to effectuate the Redevelopment Plan for Redevelopment Project Area No. 4, now a part of Merged Project Area #1, by providing for the development of a regional retail shopping center within a portion of the approximately 36-acre vacant property at the northeast corner of Gene Autry Trail and Ramon Road ("Shopping Center" and "Shopping Center Site") in the City of Palm Springs, California ("City"); and WHEREAS, Agency is the fee owner of certain real property, totaling approximately 14.95 acres, located at the northeast corner of Gene Autry Trail and Ramon Road, Palm Springs, California ("Property") which is a portion of the Shopping Center Site; and WHEREAS, Licensee has acquired that portion of the Shopping Center Site which is not owned by Agency; and WHEREAS, a true and correct map of the Shopping Center Site, including the Property, is attached hereto and incorporated herein as Exhibit "A"; and WHEREAS, the Shopping Center Site was previously used as a dump site and requires extensive remediation before construction of the Shopping Center can commence; and WHEREAS, on April 4, 2002, Licensee entered into an Exclusive Agreement to Negotiate with the Agency relating to the remediation and development of the Shopping Center, which agreement has been extended to April 15, 2004; and WHEREAS, Licensee is experienced in shopping center development and remediating sites subject to environmental contamination and has dealt with the major tenants who might occupy the Shopping Center; and ' WHEREAS, Licensee has prepared a remediation action plan ("RAP") detailing Licensee's plan to clean up the Shopping Center Site; and Resolution 1239 Page 2 WHEREAS, the RAP has been submitted to the County of Riverside Health Services Agency ("County") as the lead agency for the Shopping Center Site's remediation and to the California Department of Toxic Substances Control ("DTSC"); and WHEREAS, the RAP was approved by DTSC on March 4, 2004; and WHEREAS, the RAP permits Licensee to remediate the soil conditions on the entire Shopping Center Site, including the Property; and WHEREAS, the Agency and Licensee are processing a disposition and development agreement ("DDA") relative to the remediation of the Shopping Center Site and the construction of the Shopping Center; and WHEREAS, Licensee now desires to commence the remediation of the Shopping Center Site and is prepared to commence the remediation process, pursuant to the RAP; and WHEREAS, Agency would like Licensee to commence remediation of the Property concurrent with the remainder of the Shopping Center Site. NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, that The License Between the Community Redevelopment Agency of the City of Palm , Springs and Geiger, LLC for Performance of Remediation Work, in a form acceptable to Agency Counsel, is hereby approved. ADOPTED this 17" day of March, 2004. AYES: Members Foat, McCulloch, Pougnet and Chairman Oden NOES: None ABSENT: Member Mills ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA Assistant Secretary Chairman REVIEWED &APPROVED AS TO FORM RESOLUTION NO. 1240 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING A CONTRACT SERVICES AGREEMENT WITH DUDEK & ASSOCIATES IN AN AMOUNT NOT TO EXCEED $28,870 FOR REMEDIATION MONITORING SERVICES FOR AGENCY-OWNED LAND LOCATED AT THE NORTHEAST CORNER OF RAMON ROAD AND GENE AUTRY TRAIL. A00473C WHEREAS, the 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 §§ 33000, et seq.); and WHEREAS, the Agency desires to effectuate the Redevelopment Plan for Redevelopment Project Area No. 4, now a part of Merged Project Area #1, by providing for the development of a regional retail shopping center within a portion of the approximately 36-acre vacant property at the northeast corner of Gene Autry Trail and Ramon Road ("Shopping Center" and "Shopping Center Site") in the City of Palm Springs, California ("City"); and ' WHEREAS, Agency is the fee owner of certain real property, totaling approximately 14.95 acres, located at the northeast corner of Gene Autry Trail and Ramon Road, Palm Springs, California ("Property") which is a portion of the Shopping Center Site; and WHEREAS, the Shopping Center Site was previously used as a dump site and requires extensive remediation before construction of the Shopping Center can commence; and WHEREAS, on April 4, 2002, Geiger, LLC ("Developer") entered into an Exclusive Agreement to Negotiate with the Agency relating to the remediation and development of the Shopping Center, which agreement has been extended to April 15, 2004; and WHEREAS, Developer has prepared a remediation action plan ("RAP") detailing Licensee's plan to clean up the Shopping Center Site, and a true and correct copy of the RAP is attached hereto and incorporated herein as Exhibit "B"; and WHEREAS, the RAP has been submitted to the County of Riverside Health Services Agency ("County") and to the California Department of Toxic Substances Control ("DTSC"); and WHEREAS, the RAP was approved by DTSC on March 4, 2004, and the RAP permits Developer to remediate the soil conditions on the entire Shopping Center Site, including the Property; and WHEREAS, the Agency and Developer are processing a disposition and development agreement ("DDA") relative to the remediation of the Shopping Center Site and the construction of the Shopping Center; and WHEREAS, Licensee desires to commence the remediation of the Shopping Center Site and Resolution 1240 Page 2 ' is prepared to commence the remediation process, pursuant to the RAP; and WHEREAS, Agency would like Licensee to commence remediation of the Property concurrent with the remainder of the Shopping Center Site; WHEREAS, the Agency desires to have expertise in the area of remediation during the remediation project to advise it on the status of the remediation; and WHEREAS, Dudek & Associates, Inc., is currently under contract with the City of Palm Springs to prepare an Environmental Impact Report for the Shopping Center Project and has significant experience in landfill remediation. NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, California approves a Contract Service Agreement with Dudek & Associates, Inc. not to exceed $28,870 for remediation monitoring services for Agency- owned property located at the northeast corner of Ramon Road and Gene Autry Trail. ADOPTED this 171h day of March, 2004. AYES; Members Foat, McCulloch, Pougnet and Mayor Oden , NOES: None ABSENT: Member Mills ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA ✓�n Assistant Secretary Chairm n REVIEWED & APPROVED AS TO FORM: ' RESOLUTION NO. 1241 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AWARDING A CONTRACT TO SOL CONSTRUCTION, INC., IN THE AMOUNT OF $36,583 FOR THE SOUTH PALM CANYON DRIVE AT SUNNY DUNES ROAD MEDIAN CONSTRUCTION, CITY PROJECT 03-18, A0475C BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY of the City of Palm Springs, that a contract with Sol Construction, Inc., in the amount of $36,583 for the South Palm Canyon Drive at Sunny Dunes Road Median Construction, City Project 03-18, is hereby awarded. ADOPTED this 71h day of April, 2004. AYES: Members Foat, McCulloch, Mills, Pougnet and Chairman Oden NOES: None ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA Assistant Secretary 01Chairman REVIEWED AND APPROVED AS TO FORM: RESOLUTION NO. 1242 OF THE COMMUNITY REDEVELOPMENT AGENCY OF ' THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CONTRACT CHANGE ORDER NO. 1 FOR AN INCREASE OF $12,186.00, FOR AN INCREASED TOTAL CONTRACT AMOUNT OF $48,769.00, FOR THE SOUTH PALM CANYON DRIVE AT SUNNY DUNES ROAD MEDIAN CONSTRUCTION, CITY PROJECT 03-18 A0475C BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY of the City of Palm Springs, that Contract Change Order No. 1 for an increase of $12,186.00, for an increased total contract amount of $48,769.00, for the South Palm Canyon Drive at Sunny Dunes Road Median Construction, City Project 03-18, is hereby approved. ADOPTED this 71h day of April, 2004, AYES: Members Foat, McCulloch, 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 AND APPROVED AS TO FORM: ' RESOLUTION NO. 1243 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS,CALIFORNIA,APPROVING AN EXCLUSIVE AGREEMENT TO NEGOTIATE WITH SIHAM SHTAYYEH OF PALM SPRINGS, CALIFORNIA FOR THE EXCHANGE OF TWO LOTS FOR AN 8,000 S.F. LOT AT 4051 EL DORADO BLVD. IN MERGED AREA #1 (HIGHLAND GATEWAY CONSTITUENT AREA) A0476C WHEREAS the Community Redevelopment Agency is responsible for eliminating blight within the Merged Project Area #1; and WHEREAS in the project area is a site of a fourplex owned by the Developer that has been razed after being rezoned to R-1, and is characterized by broken slabs and weeds; and, two small commercial parcels owned by the Agency that are also blighted; and WHEREAS the Agency is negotiating a Disposition and Development Agreement with Century Vintage Homes to build single family homes on Agency-owned lots in the area for moderate- income families; and WHEREAS, under Section 33391 of California Redevelopment Law "an agency may: (a) Purchase, lease, obtain option upon, acquire by gift, grant, bequest, devise, or otherwise, any real or personal property, any interest in property, and any improvements on it..."; and WHEREAS, the Agency seeks to exchange its parcels with the Developer's in a fair market value transaction, leaving Developer free to construct market-rate duplexes and the Agency free to include the R-1 parcel in the Desert Highland Infill Program; and WHEREAS, the DDA with Century has not yet been adopted and such DDA would consider the exchange of property to assemble the property. NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, that the Exclusive Agreement to Negotiate between the Agency and Siham Shtayyeh, in a form approved by the Agency Counsel, is hereby approved. ADOPTED this 7th day of April , 2004. AYES: Members Foat, McCulloch, Mills, Pougnet and Chairman Oden NOES: None ABSENT: None ALT-ES� /%r COMMUNITY REDEVELOPMENT AGENCY 1\� OF TH&GF OF PALM SPRINGS, CALIFORNIA Al Assistant Secretary Chairman REVIEWED &APPROVED AS TO FORM RESOLUTION NO. 1244 ' OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS APPROVING THE PURCHASE OF VACANT PROPERTY LOCATED AT 233 W. TRAMVIEW ROAD AND 400 AVENIDA CERCA FOR INCLUSION IN THE DESERT HIGHLAND GATEWAY INFILL HOUSING PROGRAM WHEREAS, the Community Redevelopment Agency of the City of Palm Springs ("Agency") was informed that the vacant property located at 233 W. Tramview Road and 400 Avenida Cerca, further identified as Assessor's Parcel Number 669-401-010 and 669-393-023 669 (the "Properties"), were included in a Sale of Tax-Defaulted Property Public Auction by the County of Riverside on March 17, 2003 and March 15, 2004; and WHEREAS, the Agency wishes to purchase the vacant property located at 233 W. Tramview Road and 400 Avenida Cerca in Palm Springs for inclusion in an infill housing program being developed for the Highland-Gateway constituent area of Merged Redevelopment Project Area No. 1; and WHEREAS, Riverside County has established the minimum bid price for the Property for the Public Auction for 233 W. Tramview as $52,196 with additional associated transaction and administrative costs for the acquisition of approximately $1,000; and WHEREAS, Riverside County has established the minimum bid price for the Property for the ' Public Auction for 400 Avenida Cerca as $21,583.09 with additional associated transaction and administrative costs for the acquisition of approximately $1,000; and WHEREAS,the Agency would 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 Agency approves submittal of the necessary bid documents and funds to purchase for an amount not to exceed $53,200 the vacant property located at 233 W. Tramview Road (APN 669-401-010) in conjunction with the County of Riverside's 2003 Sale of Tax-Defaulted Property. SECTION 2. The Agency approves submittal of the necessary bid documents and funds to purchase for an amount not to exceed $22,000 the vacant property located at 400 Avenida Cerca (APN 669-323-023) in conjunction with the County of Riverside's 2004 Sale of Tax-Defaulted Property SECTION 3. 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 Resolution 1244 Page 2 ' 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 behalf of the Agency the necessary bidding and transaction documents to complete the approved purchase. ADOPTED this 7th day of April , 2004. AYES: Members Foat, McCulloch, Mills, Pougnet and Chairman Oden NOES: None ABSENT: None ATTEST:—�, i COMMUNITY REDEVELOPMENT AGENCY OF % / r THE CITY OF PRING /CLIFORNIA Assistant Secretary Chairman REVIEWED &APPROVED RESOLUTION NO. 1245 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING AND TRANSMITTING THE REPORT TO THE CITY COUNCIL FOR THE TAHQUITZ-ANDREAS EMINENT DOMAIN EXTENSION AMENDMENT TO THE MERGED REDEVELOPMENT PLAN FOR MERGED REDEVELOPMENT PROJECT NO. 2. WHEREAS the Community Redevelopment Agency of the City of Palm Springs (the "Agency") and the City Council of the City of Palm Springs, California ("City Council") desire to amend the Merged Redevelopment Plan for Merged Redevelopment Project No. 2 ("Plan"), and have prepared an amendment to the Plan ("Amendment"); and WHEREAS the Amendment proposed to reestablish the time limit on commencing eminent domain on nonresidential property within the Tahquitz-Andreas Constituent Area of the Merged Redevelopment Project Area No. 2; and WHEREAS the Agency has prepared a report required by the Sections 33352 and 33457.1 of the California Community Redevelopment Law. NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the City Council of the City of Palm Springs, California as follows: ' Section 1. The above recitals are true and correct and incorporated herein. Section 2. The Agency hereby approves and authorizes Agency staff to transmit the Report to the City Council in the form attached hereto as Exhibit "A". ADOPTED this 21" day of April, 2004. AYES: Members Foat, McCulloch, Pougnet and Chairman Oden NOES: None ABSENT: Member Mills ATTEST: COMMUNITY REDEVELOPMENT AGENCY City Cler Chairman REVIEWED AND APPROVED AS TO FORM: EXHIBIT A Resolution 1245 TAHQUITZ-ANDREAS CONSTITUENT AREA MAP Paget c LU z 0 O NN 2 J ' ifniGt� i3f J� ,✓ itMR J. ALEJO RD jL AMADO RD F 1 ! iI 4�F+7 'o" ANDREAS RD ,01n] • �'— TAHQUITZ ARENAS RD 0 o W J J m V eMsro `�• � Q Al RAMON RD Ij M — Project Area Boundary t Source:City of Palm Springs Tahquita-Andreas RESOLUTION NO. 1246 RESOLUTION OF THE COMMUNITY REDEVELOPMENT , AGENCY OF THE CITY OF PALM SPRINGS AUTHORIZING THE ISSUANCE OF ITS TAX ALLOCATION REFUNDING BONDS, 2004 SERIES A, AND ITS TAX ALLOCATION REFUNDING BONDS, 2004 SERIES B, APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF INDENTURES OF TRUST RELATING THERETO, AUTHORIZING THE SALE OF SUCH BONDS, APPROVING AN OFFICIAL STATEMENT AND PROVIDING OTHER MATTERS PROPERLY RELATING THERETO. WHEREAS the Community Redevelopment Agency of the City of Palm Springs (the "Agency") is authorized pursuant to the Community Redevelopment Law, being Part 1 of Division 24 (commencing with Section 33000) of the Health and Safety Code of the State of California (the "Law") to issue its tax allocation bonds for the purpose of financing and refinancing redevelopment activities within and of benefit to its City of Palm Springs Merged Redevelopment Project No. 1 (the "Redevelopment Project No. 1") and its City of Palm Springs Merged Redevelopment Project No. 2 (the "Redevelopment Project No. 2" and, together with the Redevelopment Project No. 1, the 'Redevelopment Projects"); and WHEREAS Redevelopment Project No. 1 resulted from the merger of seven ' redevelopment project areas pursuant to amended redevelopment plans and Ordinance No. 1584 adopted on May 31, 2000 ("Prior Project Areas No. 1"); and WHEREAS Redevelopment Project No. 2 resulted from the merger of three redevelopment project areas pursuant to amended redevelopment plans and Ordinance No. 1583 adopted on May 31, 2000 ("Prior Project Areas No. 2" and, together with Prior Project Areas No. 1, the "Prior Project Areas"); and WHEREAS the City of Palm Springs Financing Authority ("Authority") previously issued its $16,735,000 City of Palm Springs Financing Authority Local Agency Revenue Bonds, 1994 Series A (the "Series 1994A Bonds") and $4,375,000 City of Palm Springs Financing Authority Local Agency Subordinated Revenue Bonds, 1994 Series B (the "Series 1994E Bonds" and, together with the Series 1994A Bonds, the "Series 1994 Bonds"); and WHEREAS the proceeds of the Series 1994 Bonds were used to prepay certain outstanding local obligations of the Agency and finance redevelopment activities with respect to certain of the Prior Project Areas pursuant to seven (7) separate loan agreements, consisting of the master loan agreement and seven amendments ("collectively, the "Loan Agreements") as herein listed; (a) Loan Agreement, dated as of September 1, 1994, by and among the Agency, the Authority and First Interstate Bank of California ("First Interstate"); and Resolution 1246 Page 2 ' (b) First Supplemental Loan Agreement, dated as of September 1, 1994, by and among the Agency, the Authority and First Interstate relating to the $7,880,000 Central Business District Redevelopment Project Loan; and (c) Second Supplemental Loan Agreement, dated as of September 1, 1994, by and among the Agency, the Authority and First Interstate relating to $1,830,000 North Palm Canyon Redevelopment Project Loan; and (d) Third Supplemental Loan Agreement, dated as of September 1, 1994, by and among the Agency, the Authority and First Interstate relating to $1,190,000 South Palm Canyon Redevelopment Project Loan; and (e) Fourth Supplemental Loan Agreement, dated as of September 1, 1994, by and among Agency, the Authority and First Interstate relating to $3,275,000 Barosto-Farrell Redevelopment Project; and (f) Fifth Supplemental Loan Agreement, dated as of September 1, 1994, by and among the Agency, the Authority and First Interstate relating to $945,000 Ramon-Bogie Redevelopment Project Loan; and (g) Sixth Supplemental Loan Agreement, dated as of September 1, 1994, by and among the Agency, the Authority and First Interstate relating to the $2,760,000 Tahquitz-Andreas Redevelopment Project Loan; and ' (h) Seventh Supplemental Loan Agreement, dated as of September 1, 1994, relating to $1,565,000 Project No. 9 Loan; and WHEREAS $12,785,000 of the Series 1994A Bonds and $4,375,000 of the Series 1994B Bonds remain outstanding; and WHEREAS in order to refund (a) the Series 1994A Bonds and prepay the Agency's obligations with respect to the Loan Agreements relating to Redevelopment Project No. 1 and to (b) finance additional redevelopment activities with respect to Redevelopment Project No. 1, the Agency has determined to issue its not to exceed $16,000,000 aggregate principal amount of Community Redevelopment Agency of the City of Palm Springs Merged Project No. 1 Tax Allocation Refunding Bonds, 2004 Series A (the "Series 2004 A Bonds"), pursuant to the Law and an Indenture of Trust, dated as of May 1, 2004 (the "2004A Indenture"), between the Agency and BNY Western Trust Company, as trustee (the "Trustee"); and WHEREAS in order to refund (a) the Series 1994B Bonds and prepay the Agency's obligations with respect to the Loan Agreements relating to Redevelopment Project No. 2 and to (b) finance additional redevelopment activities with respect to Redevelopment Project No. 2, the Agency has determined to issue its not to exceed $10,000,000 aggregate principal amount of Community Redevelopment Agency of the City of Palm Springs Merged Project No. 2 Tax Allocation Refunding Bonds, 2004 Series B (the "Series 2004B Bonds" and, collectively, the "Series 2004 Bonds") pursuant to the Law ' and an Indenture of Trust, dated as of May 1, 2004 (the "2004B Indenture"), between the Agency and the Trustee; and WHEREAS a portion of the proceeds of the Series 2004 Bonds will be used to refund and discharge the Series 1994 Bonds and thereby prepay the loan obligations with respect to the Series 1994 Bonds pursuant to one or more escrow deposit and trust Resolution 1246 Page 3 agreements (the "Escrow Agreements"), by and between the Agency, the Authority and the BNY Western Trust Company, as escrow bank (the "Escrow Bank"); and WHEREAS the Agency proposes to sell the Series 2004 Bonds to the Authority which will concurrently sell the Bonds to Stone & Youngberg, LLC, as purchaser of the Bonds (the "Underwriter"), all on the terms and conditions herein set forth and as provided in the respective forms of purchase contracts with respect to the 2004A Bonds and the 2004B Bonds; and WHEREAS the Agency, with the assistance of Harrell & Company Advisors, LLC (the "Financing Consultant"), and Jones Hall, Disclosure Counsel, has caused to be prepared an Official Statement describing the Bonds, the preliminary form of which is on file with the Secretary (the "Official Statement"); and WHEREAS the following documents on file with the Secretary of the Agency have been reviewed by the Agency: (a) the 2004A Indenture; and (b) the 2004B Indenture; and (c) the Purchase Contract (the "2004A Purchase Contract"), by and among the Agency, the Authority and the Underwriter relating to the Series 2004A Bonds; and (d) the Purchase Contract (the "2004B Purchase Contract"), by and among the Agency, the Authority and the Underwriter relating to the Series ' 2004E Bonds and (e) the Escrow Agreements; and (f) the preliminary Official Statement; and WHEREAS the Agency wishes at this time to approve the foregoing in the public interests of the Agency; NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, as follows: Section 1. Issuance of Series 2004A Bonds; Approval of 2004A Indenture. The Agency hereby authorizes the issuance of the Series 2004A Bonds under and pursuant to the Law and the 2004A Indenture in the aggregate principal amount of not to exceed $16,000,000. The Agency hereby approves the 2004A Indenture in substantially the form thereof on file with the Secretary together with any additions thereto or changes therein deemed necessary or advisable by the Chairman of the Board of Directors (the "Chairman"), Executive Director or Treasurer of the Agency (each, an "Authorized Officer"), including, without limitation, the addition to the 2004A Indenture of the final interest rates payable with respect to the Series 2004A Bonds and the final principal amount and annual maturities of the Series 2004A Bonds, as contained in the 2004A ' Purchase Contract, and execution of the 2004A Indenture shall be deemed conclusive evidence of the Agency's approval of such additions or changes. An Authorized Officer and the Secretary of the Agency are hereby authorized and directed to execute and attest to the 2004A Indenture for and in the name and on behalf of the Agency. The Agency Resolution 1246 Page 4 hereby authorizes the delivery and performance of the 2004A Indenture. The Chairman, Executive Director or Treasurer and Secretary of the Agency are authorized to execute and attest to the Series 2004A Bonds. Section 2. Issuance of Series 20046 Bonds; Approval of 2004E Indenture. The Agency hereby authorizes the issuance of the Series 2004B Bonds under and pursuant to the Law and the 2004E Indenture in the aggregate principal amount of not to exceed $10,000,000. The Agency hereby approves the 2004B Indenture in substantially the form thereof on file with the Secretary together with any additions thereto or changes therein deemed necessary or advisable by an Authorized Officer, including, without limitation, the addition to the 2004B Indenture of the final interest rates payable with respect to the Series 2004B Bonds and the final principal amount and annual maturities of the Series 2004B Bonds, as contained in the 2004B Purchase Contract, and execution of the 2004B Indenture shall be deemed conclusive evidence of the Agency's approval of such additions or changes. An Authorized Officer and Secretary of the Agency are hereby authorized and directed to execute and attest to the 2004B Indenture for and in the name and on behalf of the Agency. The Agency hereby authorizes the delivery and performance of the 2004B Indenture. The Chairman, Executive Director or Treasurer and the Secretary of the Agency are hereby authorized to execute and attest to the Series 2004B Bonds. Section 3. Sale of the Series 2004A Bonds. The Agency hereby authorizes the sale of the Series 2004A Bonds to the Authority for concurrent resale by the Authority to the Underwriter pursuant to and in accordance with the 2004A Purchase Contract in substantially the form on file with the Secretary together with any additions thereto or changes therein approved by an Authorized Officer, including any modifications necessary to implement the private placement of all or a portion of the Series 2004A Bonds and the payment of allocable placement agency fees, and the execution thereof shall be conclusive evidence of such approval. The Agency hereby delegates to each of the Authorized Officers, acting alone, the authority to accept an offer from the Underwriter to purchase the Series 2004A Bonds from the Authority and to execute the Purchase Contract for and in the name and on behalf of the Agency; provided, however, that the stated average annual interest rate payable with respect to the Series 2004A Bonds shall not exceed six percent (6%) per annum, and the purchase price paid by the Underwriter for the purchase of the Series 2004A Bonds shall be not less than ninety-nine percent (99%) of the par amount thereof, excluding any original issue discount on the Series 2004A Bonds. Section 4. Sale of the Series 2004B Bonds. The Agency hereby authorizes the sale of the Series 2004B Bonds to the Authority for concurrent resale by the Authority to the Underwriter pursuant to and in accordance with the 2004E Purchase Contract in substantially the form on file with the Secretary together with any additions thereto or changes therein approved by an Authorized Officer, including any modifications necessary to implement the private placement of all or a portion of the Series 2004B Bonds and the payment of allocable placement agency fees, and the Resolution 1246 Page 5 execution thereof shall be conclusive evidence of such approval. The Agency hereby delegates to each of the Authorized Officers, acting alone, the authority to accept an offer from the Underwriter to purchase the Series 2004B Bonds from the Authority and to execute the Purchase Contract for and in the name and on behalf of the Agency; provided, however, that the stated average annual interest rate payable with respect to the Series 2004B Bonds shall not exceed six percent (6%) per annum, and the purchase price paid by the Underwriter for the purchase of the Series 2004B Bonds shall be not less than ninety-nine percent (99%) of the par amount thereof, excluding any original issue discount on the Series 2004E Bonds. Section 5. Approval of the Preliminary Official Statement. The form of the preliminary Official Statement relating to the Series 2004 Bonds, on file with the Secretary, is approved for distribution by the Underwriter to municipal bond broker-dealers, to banking institutions and to members of the general public who may be interested in purchasing the Series 2004 Bonds. Any Authorized Officer, acting alone, is authorized to approve changes in the preliminary Official Statement, from time to time, pending such distribution as shall be required to cause the preliminary Official Statement to contain any further information necessary to accurately describe the Series 2004 Bonds and the Agency. With respect to the distribution of the preliminary Official Statement, an Authorized Officer is authorized and directed, on behalf of the Agency, to deem the preliminary Official Statement "final" pursuant to Rule 15c2-12 under the Securities Exchange Act of 1934 (the "Rule"). Section 6. Approval of Final Official Statement. The final Official Statement, which shall include such changes and additions thereto deemed advisable by an Authorized Officer and such information permitted to be excluded from the preliminary Official Statement pursuant to the Rule, is hereby approved for delivery to the purchasers of the Series 2004 Bonds, and an Authorized Officer, is authorized and directed to execute the final Official Statement for and on behalf of the Agency and an Authorized Officer is authorized and directed to deliver to the purchaser of the Series 2004 Bonds (i) a certificate with respect to the information set forth therein and (ii) Continuing Disclosure Certificates substantially in the forms appended to the final Official Statement. Section 7. Approval of Escrow Agreement. The Agency hereby approves the Escrow Agreements in substantially the form thereof on file with the Secretary together with any additions thereto or changes therein deemed necessary or advisable by an Authorized Officer, and execution of the Escrow Agreements shall be deemed conclusive evidence of the Agency's approval of such additions or changes. An Authorized Officer and Secretary of the Agency are hereby authorized and directed to execute and attest to the Escrow Agreements for and in the name and on behalf of the Agency. The Agency hereby authorizes the delivery and performance of the Escrow Agreements. , Section 8. Credit Rating and Bond Insurance Expenses. The Agency staff and its consultants for the Series 2004 Bonds are hereby authorized and directed to make application to one or more credit rating agencies for assignment of a credit rating to the Bonds or to one or more insurance companies for Resolution 1246 Page 6 bond insurance with respect to the Bonds, or both (as the Financing ' Consultant shall recommend), and the Agency shall pay expenses incident to any such application or shall reimburse the Financing Consultant for any advance of such expenses, such reimbursement to be made to the Financing Consultant not more than thirty (30) days following the date of any such advance (all expenses ultimately to be reimbursed to the Agency from the proceeds of the Bonds). Section 9. Official Action. The Chairman, the Vice-Chairperson, the Executive Director, the Treasurer, the Secretary, the Agency General Counsel and any and all other officers of the Agency are hereby authorized and directed, for and in the name and on behalf of the Agency, to do any and all things and take any and all actions, including execution and delivery of any and all assignments, certificates, requisitions, including, without limitation, requisitions for the payment of costs of issuance of the Series 2004 Bonds, agreements, including, without limitation, agreements providing for investment of proceeds of the Series 2004 Bonds, notices, consents, instruments of conveyance, warrants and other documents, which they, or any of them, may deem necessary or advisable in order to consummate the issuance, sale and delivery of the Series 2004 Bonds and the refunding and discharge of the Series 1994 Bonds and the Loan Agreements. Any officer of the Agency herein authorized or directed to take any action may designate another officer of the Agency to take such action on his or her behalf, such designation to be approved or ratified in writing with respect to the taking of the applicable action. ' Section 10. Effective Date. This Resolution shall take effect from and after its passage and adoption. ADOPTED this 21s` day of April, 2004. AYES: Members Foat, McCulloch, Pougnet and Mayor Oden NOES: None ABSENT: Member Mills ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS Secretary Chairman REVIEWED AND APPROVED AS TO FORM: RESOLUTION NO. 1247 OF THE COMMUNITY REDEVELOPMENT AGENCY OF ' THE CITY OF PALM SPRINGS APPROVING THE FIRST AMENDMENT TO THE CONTRACT SERVICES AGREEMENT WITH DAVID EVANS AND ASSOCIATES, INC., AGREEMENT 469C, FOR AN INCREASE OF $36,400.00, FOR AN AMOUNT NOT TO EXCEED $68,580.00, FOR PROFESSIONAL ENGINEERING DESIGN SERVICES FOR THE PALM SPRINGS VISITOR'S CENTER SEWER LINE EXTENSION, CITY PROJECT 03-09 A0469C BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY of the City of Palm Springs, that the first amendment to the contract services agreement with David Evans and Associates, Inc., Agreement 469C, for an increase of $36,400.00, for an amount not to exceed $68,580.00, for professional engineering design services for the Palm Springs Visitor's Center Sewer Line Extension, City Project 03-09, is hereby approved. ADOPTED this 5tn day of May, 2004. AYES: Members Mills, McCulloch, Oden, Pougnet, and Chairman Oden , NOES: None ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA (B Assistant Secretary Chairman REVIEWED AND APPROVED AS TO FORM: RESOLUTION NO. 1248 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR THE 2003-04 FISCAL YEAR. WHEREAS Resolution 1216 approving the budget for the fiscal year 2003-04 was adopted on June 4, 2003; 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 1216, adopting the budget for the 2003-04 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 5/19/04) to Merged Area #2 to cover on-going costs. SECTION 2. SOURCE Merged Area #2 is concurrently paying back $300,000 loans from the General Fund. Fund Activity Account Amount No. 811 29301 $300,000 Merged Area#2 Fund Balance Capital &Admin Adopted this 19ttgay of May , 2004 AYES: Members McCulloch, Pougnet, and Mayor Oden NOES: Norie ABSENT: Members Foat and Mills ST: COMMUNITY REDEVELOPMENT AGENCY OFT t=CTTY OF PALM SPRINGS Assistant Secretary C airman ra� REVIEWED AND APPROVED AS TO FORM c �_ RESOLUTION NO. 1249 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR THE 2003-04 FISCAL YEAR. WHEREAS Resolution 1216 approving the budget for the fiscal year 2003-04 was adopted on June 4, 2003; 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 1216, adopting the budget for the 2003-04 fiscal year is hereby amended as follows: SECTION 1. ADDITIONS Fund Activity Account Amount No. 001 12416 $700,000 General Fund Redevelopment Agency Loans Receivable ' Purpose: New loan (at 6%, effective 5/19/04) to Merged Area#1 to cover on-going administration costs and the cost of the Desert Shadows OPA SECTION 2. SOURCE Merged Area#1 is concurrently paying back $700,000 loans from the General Fund. Fund Activity Account Amount No. 811 29301 $700,000 Merged Area #1 Fund Balance Capital & Admin Adopted this 19thday of May , 2004 AYES: Members McCulloch, Pougnet, and Mayor Oden NOES: None ABSENT: Members Foat and Mills ATTEST-. COMMUNITY REDEVELOPMENT AGENCY OF THE C TY OF P LM SPRINGS ' Assistant Sec r ary hairrn REVIEWED AND APPROVED AS TO FORM C1 �.� -� RESOLUTION NO. 1250 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING THE FIRST AMENDMENT TO A RESTATED AND AMENDED DISPOSITION AND DEVELOPMENT AGREEMENT WITH COACHELLA VALLEY HOUSING COALITION AND HACIENDA SUNSET AFFORDABLE HOUSING ASSOCIATES,A CALIFORNIA LIMITED PARTNERSHIP TO EFFECTUATE THE DEVELOPMENT OF A LOW-INCOME APARTMENT COMPLEX ON THE WEST SIDE OF SUNRISE WAY, NORTH OF SAN RAFAEL ROAD AND SOUTH OF THE COYOTE RUN APARTMENTS A0448C 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, Sunset Hacienda Apartments, proposed for 66 low-income families, was approved on July 3, 2002 by the Palm Springs City Council; and WHEREAS, the Developer, Coachella Valley Housing Coalition and Hacienda Sunset Affordable Housing Associates, a California Limited Partnership, ("Developer") sought Agency financial assistance to cover a portion of the development cost, and received Agency approval of a Disposition and Development Agreement ("DDA") at a duly noticed public hearing held July 3, 2002; and WHEREAS, the Developer has agreed to restrict, though a Regulatory Agreement approved as an attachment to the Disposition and Development Agreement, the rents on 49% of the proposed units (32) to levels affordable to families with incomes no more than 60% of Area Median Income (AM]); and WHEREAS, on December 3, 2003, the Agency approved an Amended and Restated DDA to change the name of the partnership to "Hacienda Sunset Affordable Housing Associates, a California Limited Partnership," and to restructure the promissory note for the $750,000 in Agency Low Income Housing Setaside funds, and the land contribution, to conform to the requirements of the,project's primary financing program, the State of California's Multifamily Housing Program (MHP); and WHEREAS, in addition to the Agency contribution, the Developer has received HOME funds and state MHP funds for the project nearly adequate to begin construction, but is still faced with a shortfall of$350,000 in the project budget; and WHEREAS, the Developer has requested and the Agency desires to provide additional ' assistance to the project in order to facilitate its construction. WHEREAS, a Notice of Public Hearing concerning the First Amendment to the Amended and Restated Disposition and Development Agreement was published in accordance with applicable law; and c ra 6-mo C, �n Resolution 1250 „ Page 2 WHEREAS, the Agency has considered the staff report,and all the information, testimony and evidence provided during the public hearing on June 2, 2004; and 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 as follows: a) The City Council adopted a Mitigated Negative Declaration for the project 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 finds that the Planning Commission adequately discussed the potential significant environmental effects of the proposed project(land use,traffic/circulation,parking,air quality, noise, aesthetics, geology/soils, water quality, drainage, public utilities, public services, archaeological/historic resources, public controversy, and light and glare). The Community Redevelopment Agency further finds that the Mitigated Negative Declaration reflects its independent judgment. SECTION 3. The Agency does hereby find and determine as follows: a) The project was originally approved by the City Council on July 3, 2002. In February, 2002 the Developers requested Community Redevelopment Agency assistance and a Disposition and Development Agreement, contributing $750,000 over three (3) years and land valued at $250,000 to the project, was also approved on July 3, 2002. b) The parcel was acquired by the Community Redevelopment Agency for the purposes of providing low- and moderate- income housing on it. c) The developer has received federal HOME funds, as well as state MHP funds, nearly sufficient to construct the project; but still has a project shortfall in the amount of$350,000. d) The Amended and Restated DDA, approved on December 3, 2003, effectuates the purposes of the Community Redevelopment Law by assisting in the development of housing affordable to families with incomes below 60% of Area Median Income and preserving the affordability of that housing for a period of 55 years. a .. 1�- C_Z Resolution ' 1250 Page 3 f) The Amended and Restated 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 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 First Amendment to the Amended and Restated Disposition and Development Agreement with Coachella Valley Housing Coalition and Hacienda Sunset Affordable Housing Associates, a California Limited Partnership, providing an additional $350,000 in Agency assistance at the end of the project, is hereby approved and incorporated herein by this reference. SECTION 8. The Chairman, or his designee, is hereby authorized to execute on behalf of the Agency the Restated and Amended 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 2nd day of June , 2004. AYES: Members Foat, McCulloch, Mills, Pougnet, and Chairman Oden NOES: None ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY OFT E-GI-TY OF PALM SPRINGS, CALIFORNIA Assistant Secretary 7 Chairman REVIEWED &APPROVED AS TO FORM n..A dr RESOLUTION NO. 1251 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS FORMALLY REQUESTING A CHAPTER 8 AGREEMENT OF SALE WITH THE COUNTY OF RIVERSIDE FOR VACANT PROPERTY LOCATED AT 233 W. TRAMVIEW ROAD AND 400 AVENIDA CERCA FOR INCLUSION IN THE DESERT HIGHLAND GATEWAY INFILL HOUSING PROGRAM AND AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE DOCUMENTS RELATED TO SAME A0476C WHEREAS, the Community Redevelopment Agency of the City of Palm Springs ("Agency")was informed that the vacant property located at 233 W. Tramview Road and 400 Avenida Cerca, further identified as Assessor's Parcel Number 669-401-010 and 669-393-023 (the"Properties"), were included in a Sale of Tax-Defaulted Property Public Auction by the County of Riverside on March 17, 2003 and March 15, 2004; and WHEREAS, the Agency wishes to purchase the vacant property at 233 W. Tramview Road and 400 Avenida Cerca in Palm Springs for inclusion in an infill housing program being developed for the Highland-Gateway constituent area of Merged Redevelopment Project Area No.1 as away, of writing down the land cost for qualified families; and WHEREAS, Section 3698.5 (a), Section 3698.5 (c), Section 3793.6 and Section 3799 of the ' Revenue and Taxation Code, State of California set forth the procedures under which the County may sell tax-defaulted property; and WHEREAS, Riverside County has established the Chapter 8 direct sale price for the Property at 233 W. Tramview as $66,165.13 including all nuisance abatement liens.plus $175.00 in County administrative costs,the price determined in keeping with Section 3698.5(a)(or section cor both) of the Revenue and Taxation Code; and WHEREAS, Riverside County has established the Chapter 8 direct sale price for the Property at 400 Avenida Cerca as$83.437.15 including all nuisance abatement liens plus$175.00 in County administrative costs,the price determined in keeping with Section 3698.5(a)(or section c or both) of the Revenue and Taxation Code; 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 Community Redevelopment Agency of the City of Palm Springs objects to the public sale of parcels 669401010-5 and 669393023-3. SECTION 2. The Agency approves an offer to purchase from the County of Riverside the vacant , property located at 233 W.Tramview Road(APN 669-401-010-5),more particularly described in Exhibit "A", at the sales price of $66,165.13 allowed under Section W98.5 (a) (or section c or both) of the Revenue and Taxation Code, State of c Ca c- 19 Resolution 1251 Page 2 California. The public purpose for the purchase is to include the parcel in a program to provide housing for low-or moderate-income residents. Furthermore, the costs of giving notice in a form of a legal notice published in the Press Enterprise, in compliance with Section 3793.6 (a) of the California Revenue and Taxation Code and at a tentative cost of$175.00, shall be paid by the Agency. SECTION 3., The Agency approves an offer to purchase from the County of Riverside the vacant property located at 400 Avenida Cerca (APN 669-323-023-3), more particularly described in Exhibit "A", at the sales price of $83,437.15 allowed under Section 3698.5 (a) (or section c or.both) of the Revenue and Taxation Code, State of California. The public purpose for the purchase is to include the parcel in a program to provide housing for low-or moderate-income residents. Furthermore, the costs of giving notice in a form of a legal notice published in the Press Enterprise, in compliance with Section 3793.6 (a) of the California Revenue and Taxation Code and at a tentative cost of$175,00, shall be paid by the Agency. SECTION 4. Pursuant to Section 3793.6 (a) of the California Revenue and Taxation Code, the lot books are required by the Riverside County Tax Collector in order to have the names of Parties of Interest that must be notified of the pending sale pursuant to Section 3799 of the aforesaid code. The Agency approves the cost of providing the lot books for the County. SECTION 5. The purpose of the purchase is the inclusion of the properties 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 6. The purchase is to be funded from the Agency's Low/Moderate Income Housing Fund. SECTION 7. 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 end day of June , 2004. AYES: Members Foat, McCulloch, Mills, Pougnet, and Chairman Oden NOES: None ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF P LM SPRINGS, CALIFORNIA Assis ecretary Chairman ' REVIEWED &APPROVED C (`o. RESOLUTION NO. 1252 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 FIVE PARCELS FOR INCLUSION IN THE DESERT HIGHLAND GATEWAY INFILL HOUSING PROGRAM A0477C 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, Seller acquired Parcel 669-383-021 on June 30, 1995 by Document No. 213541; ' acquired Parcel 669-385-002 on April 28, 1995 by Document No. 135821; acquired Parcel 669- 386-004 on April 28, 1995 by Document No. 134239; acquired Parcel 669-395-017 on December 28, 1994 by Document No. 480822; and acquired Parcel 669-383-018 on July 1, 1995 by Document No. 248029. WHEREAS,the Agency commissioned a fair market appraisal of the Parcels and received a report dated April 21, 2004 and has offered the appraised value; 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 five Parcels 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. 6CCLa - b Resolution 1252 Page 2 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 behalf of the Agency the necessary documents to complete the approved purchase. ADOPTED this 2nd day of June , 2004. AYES: Members Foat, McCulloch, Mills, Pougnet, and Chairman Oden NOES: None ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM-S)RINGS, CALIFORNIA Assis ant ecretary 7Chairman REVIEWED &APPROVED Resolution 1252 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: RESOLUTION NO. 1253 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN OWNER PARTICIPATION AGREEMENT WITH JOHN WESSMAN, D/B/A WESSMAN DEVELOPMENT COMPANY, FOR THE DEVELOPMENT OF A BUITIQUE HOTEL AT THE SOUTHEAST CORNER OF CAHUILLA RAOD AND TAHQUITZ CANYON WAY, MERGED AREA#1 A0478C 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 4, 1988, the Community Redevelopment Agency entered into a Settlement Agreement with Frances Winter ("Owner") related to eminent domain of a property at 141 South Cahuilla Road whereby if Owner received from any third party a proposal in writing to purchase the property which Owner is prepared to accept, Owner shall provide Notice to the Agency and the Agency shall have a right of first refusal for a period of thirty (30) days after the receipt of Owner's Notice in which to notify Owner in writing whether it agrees to purchase the Property for the same price and on the same terms and conditions as the offer made by the third party; and WHEREAS, Owner gave Notice of intent to sell on December 27, 2003, and on January 26 the Agency replied in writing that it was exercising its option to acquire the property by matching the offer that had been accepted; and WHEREAS, the third party offer contained provisions such that the Buyer must agree to certain non-financial conditions related to not destroying or significantly altering the building, and applying for permanent historic preservation status for the building; and WHEREAS the Agency's intent in acquiring the Winter property was to facilitate the development of a luxury boutique hotel of at least 40 rooms on the adjacent property to the north, which would have then included the Winter property, but opted to pursue a negotiated development strategy with Winter's two neighbors; and WHEREAS, the Agency has negotiated an Owner Participation Agreement with Wessman 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, the Agency has considered the staff report, and all the information, testimony and ' evidence provided at its regularly scheduled meeting of May 19, 2004. NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs as follows: Resolution 1253 Page 2 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 Agency proposes,through this Owner Participation Agreement,to help the Owner facilitate the development of a 48-rom 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, shall commit to a development schedule, as well as a maximum development "envelope". Other requirements shall be placed on the project by the City in the entitlement process, including, but not limited to, a parking covenant to run with the land on the Owner's property at the Desert Fashion Plaza. The Agency shall obtain 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. SECTION 4. The Agency does hereby find and determine as follows: (a) The Owner's 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; the Winter property was purchased by the Winter family in the 1930's and has been in family ownerships for nearly 70 years; the Winter family desires to see the home preserved and has opted to place a preservation covenant on the property,severely restricting what a buyer may do with the property, which has caused the Owner and Agency to seek other avenues for the development of a hotel. (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. C Resolution 1253 Page 3 SECTION S. The proposed project is consistent with the Amended and Restated Redevelopment Plan for Merged Area#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 OPA is hereby approved and incorporated herein by this reference. SECTION 7. The Chairman of the Agency is authorized to execute all necessary documents, in a form approved by the Agency Counsel. ADOPTED this Znd day of .June 2004. AYES: Members Foat, McCulloch, Mills, Pougnet, and Chairman Oden NOES: None ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM)SPRINGS, CALIFORNIA �� / 6 �_ 4 sistant Secretary Chairman REVIEWED &APPROVED cme ,. wis Resolution 1253 Page 4 EXHIBIT "A" ' LEGAL DESCRIPTION OF THE SITE THAT CERTAIN REAL PROPERTY LOCATED IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS MORE PARTICULARLY DESCRIBED AS FOLLOWS: EXHIBIT A PARCEL 1: LOTS 1, 2, 3 AND 4 IN BLOCK 8 OF PALM SPRINGS, AS SHOWN BY MAP ON FILE IN BOOK 9 PAGE 432 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA ALSO ALL THAT PORTION OF THE WESTERLY 8 FEET OF ORANGE AVENUE, AS SHOWN BY SAID MAP AND NOW KNOWN AS CA14UILLA ROAD WHICH LIES SOUTHERLY OF THE NORTHERLY LINE OF SAID LOT 1, EXTENDED EASTERLY AND NORTHERLY OF THE SOUTHERLY LINE OF SAID LOT 4, ' EXTENDED EASTERLY AS ABANDONED BY RESOLUTION OF THE BOARD OF SUPERVISORS OF RIVERSIDE COUNTY, ON MARCH 1, 1926, A CERTIFIED COPY OF THE RESOLUTION OF ABANDONMENT RECORDED MARCH 10, 1926 IN BOOK 667 PAGE 29 OF DEEDS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL 2: THE EAST HALF OF LOT 24 AND THE EAST 24.2 FEET OF LOT 21 OF ALL IN BLOCK 8 OF PALM SPRINGS, AS SHOWN BY MAP ON FILE IN BOOK.9 PAGE 432 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA RESOLUTION NO. 1254 ' OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONTRACT WITH JERRY OGBURN D/B/A REDACZ FOR FISCAL YEAR 2004-2005, IN THE AMOUNT OF $150,000, FOR THE CONTINUATION OF THE VILLAGE OF PALM SPRINGS DEVELOPMENT CENTER. A0479C BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY of the City of Palm Springs, California, that a Contract for Services with Jerry Ogburn, d/b/a REDACZ for the continuation of the Village of Palm Springs Development Center in the downtown core is approved, and the Chairman or his designee is authorized to sign any documents related to the Contract. ADOPTED this 2°f day of June, 2004, AYES: Members Foat, Mills, McCulloch, Pougnet, and Mayor Oden ' NOES: None ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS, CALIFORNIA a2- Assistant Secretary Chairman REVIEWED &APPROVED RESOLUTION NO. 1255 OF THE COMMUNITY REDEVELOPMENT AGENCY OF , THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A BUDGET FOR THE FISCAL YEAR 2004- 2005 WHEREAS, a budget for the fiscal year 2004-2005 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 $9,889,117 be approved for the following purposes: Capital & Admin. Debt Service Merged Area No. 1 $ 750,311 $ 3,863,168 Merged Area No. 2 467,427 2,717,171 Low& Mod. Income Housing 1,541,083 465,693 Plaza Theatre 84,264 0 $2,843,085 $ 7,046,032 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. Resolution 1255 Page 2 Section 3. That the Work Program for Low- and Moderate Income Program in Fiscal ' Year 2004-2005 is as follows, including total Agency assistance committed: Vista Sunrise Special Needs Apartments $1,505,000 El Dorado Mobile Home Park $ 500,000 Desert Highland Infill Program $ 300,000 Coyote Run Apartments Expansion $1,350,000 Section 4. That the accomplishments of the Low- and Moderate Income Program in Fiscal Year 2003-2004 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. The acquisition of the major parcel from the Desert Healthcare District shall be finalized in early 2004-05 and the project will be able to begin construction in late calendar year 2004. The goal was to have begun construction during the 2003-04 year. • 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. 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 approved the purchase of 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 is effectuating 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. • Coyote Run Apartments Expansion. The project has received its financing from the State MHP program, HOME funds, and the Agency. The project has been pre-bid and the developer is finalizing easements, title exceptions, and rights-of-way. Additionally, the Agency committed an additional $350,000 to cover the additional cost of escalating lumber prices. The project begins construction in late calendar year 2004. The goal was to have started construction in the 2003-04 year. • 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 Home 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. The goal was to approve the DDA and bond issue in 2003- 04. Resolution 1255 Page 3 ADOPTED this 9th day of June, 2004. ' AYES: Members Foat, Mills, McCulloch, Pougnet, and Mayor Oden NOES: None ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS, CALIFORNIA Assistant Secretary Chairman REVIEWED &APPROVED RESOLUTION NO. 1256 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS,CALIFORNIA,APPROVING AMENDMENT NO. 1 TO AN OWNER PARTICIPATION AGREEMENT WITH ROSE MIHATA TO REHABILITATE THE HERITAGE APARTMENTS,A 136-UNIT APARTMENT COMPLEX AT 300 .SOUTH CALLE EL SEGUNDO IN MERGED PROJECT AREA#2, AMENDING THE INCOME RESTRICTIONS FROM LOW-INCOME UNITS TO MODERATE-INCOME UNITS AND AMENDING THE OWNERSHIP OF THE PROJECT A0402C 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 Heritage Apartments, constructed in 1979 as mature adult units for low- to moderate-income seniors, was in significant need of rehabilitation, including improving the energy efficiency of the units, security and amenities of the complex, and the Agency approved an Owner Participation Agreement on June 7, 2000 committing $450,000 to the rehabilitation of the project in return for having up to half (68) of the units for made ' available for`low-income" residents in the Heritage Apartments; and WHEREAS, the property owners at the time, Rose Mihata and Scott Timberlake, desired to participate with the Agency in its affordable housing program and agreed to dedicate the units for low-income residents in the Heritage Apartments, with the understanding that the restrictions be based on 80% of median income; and WHEREAS, Rose Mihata is now the sole property owner at this time; and WHEREAS, Health & Safety Code §50053 (b)(3) requires that Affordable Rent for Lower Income Households be the product of 30 percent times 60 percent of the area median income adjusted annually for family size appropriate to the unit; and WHEREAS, in order to comply with Health&Safety Code§50053 (b)(3)and §50053(b)(4) the OPA must be amended to restrict the units to Moderate Income Households, with the Owner agreeing to lower the rents to 80% of area median income. Resolution 1256 PAge 2 NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, as follows: ' SECTION 1. Amendment No. 1 to an Owner Participation Agreement with Rose Mihata, changing the legal designation of the restricted units to Moderate Income Units and changing the income level of the restrictions from 60% of area median income to 80% of area median income, is hereby approved. SECTION 2. The Executive Director, or his designee, is hereby authorized to execute on behalf of the Agency the Owner Participation Agreement. ADOPTED this 16th day of June , 2004. AYES: Members Foat, McCulloch, Mills, Pougnet and Chairman Oden NOES: None ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA ly Assistant Secretary Mayor REVIEWED &APPROVED AS TO FORM 1 ' RESOLUTION NO. 1257 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO A LICENSE AGREEMENT WITH THE AGUA CALIENTE BAND OF CAHUILLA INDIANS FOR THE USE OF THE PRAIRIE SCHOONER PARCEL FOR OVERFLOW VALET PARKING A0471 C BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY of the City of Palm Springs, California, that Amendment No. 1 to a License Agreement with the Agua Caliente Band of Cahuilla Indians for the use of the Prairie Schooner parcel for overflow valet parking, is approved; and, the Executive Director or his designee is authorized to sign any documents related to the Contract. ADOPTED this 16th day of June , 2004. AYES: Members 'Foat, McCulloch, Mills, Pougnet and Chairman Oden NOES: None ABSENT: None ABSTAIN: None ATTE n COMMUNITY REDEVELOPMENT AGENCY g 60 ls.� Assistant Secretary Chairman REVIEWED &APPROVED RESOLUTION NO. 1258 OF THE COMMUNITY REDEVELOPMENT ' AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY AND ESCROW INSTRUCTIONS WITH H & H INVESTMENTS, LLC OF LAS VEGAS, NEVADA FOR THE PURCHASE OF A 4.96 ACRE PARCEL AT THE NORTHWEST CORNER OF SUNRISE WAY AND TAHQUITZ CANYON WAY FOR THE PURPOSES OF FACILITATING A LAND SWAP, MERGED AREA #2 A0481 C 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, 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 Agreement for Purchase and Sale of Real Property and Escrow Instructions with H & H Investments, LLC of Las Vegas, Nevada, in the amount of $2,575,000, for a 4.96 acre parcel for the purpose of facilitating a land swap for a parcel on East Palm Canyon is hereby approved and incorporated herein by this reference. Resolution 1258 Page 2 ' 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 7" day of July, 2004. AYES: Members Foat, McCulloch, Mills, Pougnet and Chairman Oden NOES: None ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS, CALIFORNIA Assistant Secretary Ch"a"irman Reviewed & Approved as to Form RESOLUTION NO. 1.259 OF THE COMMUNITY REDEVELOMENT AGENCY OF THE CITY OF PALM ' SPRINGS, CALIFORNIA, APPROVING CONTINUING APPROPRIATIONS FROM FISCAL YEAR 2003-04 TO THE FISCAL YEAR 2004-05 WHEREAS the City Council of the City of Palm Springs has adopted a budget for the 2004-05 fiscal year; and WHEREAS certain projects budgeted in the 2003-04 fiscal year budget have been started but not completed; and WHEREAS the unencumbered balances of those certain appropriations are necessary for completion of the projects; NOW THEREFORE BE IT RESOLVED that the City Council of the City of Palm Springs hereby authorizes carrying forward to the nearest dollar, as continuing appropriations into the 2004-05 fiscal year, the amount indicated or the final audited unencumbered balances, whichever is the lesser amount, as of June 30, 2004 of the following accounts: ACCOUNT NO: ACCOUNT TITLE AMOUNT 811-8191-43200 Contractual Services $ 18,773 ' 811-8191-65142 Stevens / NPC DDA 2,748 811-8191-65148 NPC Sewer Improvements 19,651 811-8191-65153 Lighting Program 1,728 811-8191-65162 Sunny Dune/SPC Island 8,221 811-8191-65163 St Light Powder Coating 50,330 101,451 812-8192-43200 Contractual Services 3,574 812-8192-50000 Unscheduled Capital Projects 372,603 812-8192-65154 Canyon Drainage Fee Study 10,515 386,692 882-8382-65122 SFR Rehab Program 80,613 882-8382-65140 Garden Springs Apartments OPA 414,726 882-8382-65145 Desert Highland Infill 136,706 882-8382-65147 El Dorado MDH 376,325 1,008,370 GRAND TOTAL $ 1,496,513 Section 2. All appropriations approved subsequent to passage of this resolution for the 2003-04 fiscal year, and not expended, are authorized to be continued into the 2004-05 fiscal year. ' Resolution 1259 Page 2 ' ADOPTED this 71h day of July, 2004. AYES: Members Foat, McCulloch, Mills, Pougnet and Chairman Oden NOES: None ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS, CALIFORNIA t Assistant Secretary Chairmen Reviewed & Approved as to Form 1 RESOLUTION NO. 1260 ' OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN A SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS WITH CITIZENS FOR LOCAL GOVERNMENT ACCOUNTABILITY (RIVERSIDE SUPERIOR CASE RIC 402532) REGARDING THE PRAIRIE SCHOONER PROPERTY, MERGED AREA#2 ---------------- BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs that a Settlement Agreement and Release of All Claims with Citizens for Local Government Accountability (Riverside Superior Case RIC 402532) regarding the Prairie Schooner property, is hereby approved. ADOPTED this 28" day of July, 2004. AYES: Members Foat, McCulloch, Pougnet and Mills ' NOES: None ABSENT: Chairman Oden AT ST� CO NITY REDEVELOPMENT AGENCY 1TY OF PALM SPRINGS, CALIFORNIA Assistant Secretary Vice Chairman REVIEWED & APPROVED RESOLUTION NO. 1261 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY AND ESCROW INSTRUCTIONS WITH RUSSELL ASSOCIATES, LLC OF SHERMAN OAKS FOR 285 NORTH INDIAN CANYON DRIVE (DESERT HOTEL), MERGED AREA #1 FOR THE PURPOSES OF FACILITATING A DOWNTOWN DEVELOPMENT 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, 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 Agreement for Purchase and Sale of Real Property and Escrow Instructions with Russell Associates, LLC of Sherman Oaks, CA for the purchase of a 5,800 square foot property located at 285 North Indian Canyon Drive, the Desert Hotel, in the amount of $160,000 plus fees and costs to facilitate the redevelopment of downtown 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 281h day of July, 2004. AYES: Members Foat, McCulloch, Mills and Pougnet NOES: None ABSENT: Chairman Oden ATTEST: COMMUNITY REDEVELOPMENT AGENCY ' CIT OF PALM SPRINGS, CALIFORNIA Assistant Secretary Vice Chairman RESOLUTION NO. 1263 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN OWNER PARTICIPATION AGREEMENT WITH MAIN STREET FOOD COURT, LLC TO APPROVE A RECIPROCAL ACCESS AGREEMENT TO EFFECTUATE THE CONSTRUCTION OF A COMMERCIAL PROJECT IN THE 300 BLOCK OF NORTH PALM CANYON DRIVE IN MERGED PROJECT AREA#1. A0487C --------------------- 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, the Agency entered an exchange agreement on June 12, 1997 with Vincent J. Pirozzi and Karen M. Pirozzi of the Pirozzi Family Trust ("Pirozzi") to facilitate the development of the Palm Canyon Drive frontage for commercial purposes and the Belardo Road parcel for Agency-owned parking; and WHEREAS, Pirozzi sold the property to Main Street Food Court, LLC, (Developer); and WHEREAS, Developer proposes a 7,511 square foot court with a 1,567 square foot patio area in the 300 block of North Palm Canyon Drive, with reciprocal access to an Agency-owned parking lot located on Belardo Road; and WHEREAS, Developer received Planning Commission approval of the project on October 8, 2003, with a requirement in the Conditions of Approval to gain reciprocal access to its trash enclosure from the Agency through its parking lot; and WHEREAS, the original exchange agreement and CC & R's required that at the point the property were ready to developed, the Agency and Developer would enter an Owner Participation Agreement ("OPA"); and WHEREAS, the Agency has considered the staff report, and all the information, testimony and evidence provided during the Agency public meeting on September 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. R1263 Page 2 ' SECTION 2. Pursuant to the California Environmental Quality Act (CEQA), the Community Redevelopment Agency finds as follows: a) In connection with the approval of the OPA, a Mitigated Negative Declaration was prepared in compliance with CEQA, the State CEQA Guidelines and the City's CEQA procedures. The Community Redevelopment Agency finds that 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 Environmental Assessment/Mitigated Negative Declaration and finds that it adequately discusses the potential significant environmental 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 finds that the Environmental Assessment/Mitigated Negative Declaration reflects its independent judgment. SECTION 3. This project improves a blighted site in Merged Project Area #1 (the Central Business District Redevelopment Project Area) and will increase tax increment to the Agency and the City. SECTION 6. The Agency does hereby find and determine as follows: (a) The property was originally developed in the 1930's as an automobile service station but declined in economic value, and was demolished in the 1980's. It has been vacant for the past two decades. The Agency acquired the parcel for development purposes and entered an exchange agreement with Pirozzi to place the developable portion in private hands and to develop public parking on Belardo Road. (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 assistance will facilitate the redevelopment and operation retail buildings by causing the construction and upgrade of the property, placing the property in the hands of a first class operator, in order to maintain existing sales tax revenue and attract additional commercial development within the City and increase the City's tax base. ' R1263 Page 3 (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 8. The proposed project is consistent with the Implementation Plan for this area, insofar as this project will increase tax increment and will expand commercial opportunities in a block that has seen significantly less private investment than other areas of the downtown. It will increase the City's tourist business by expanding unique dining opportunities and creating an architecturally inviting project on a previously blighted property on the City's main thoroughfare. SECTION 9. Based on foregoing reasons, this OPA is hereby approved and incorporated herein by this reference. SECTION 10. 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 1" day of September, 2004. AYES: Members Foat, McCulloch, Mills, Pougnet and Chairman Oden NOES: None ABSENT: None ATTEST: n COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS, CALIFORNIA Assistan Secretary Chairman REVIEWED & APPROVED RESOLUTION NO. 1264 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE , CITYOF PALM SPRINGS, CALIFORNIA RATIFYING CONTRACT SERVICES AGREEMENTS EXECUTED BY THE EXECUTIVE DIRECTOR WITH TERRA NOVA PLANNING AND RESEARCH, INC. FOR ENVIRONMENTAL REVIEW SERVICES NOT TO EXCEED $18,340 (#A483C)AND WITH MACKENZIE,WAGNER & ASSOCIATES, INC. FOR APPRAISAL SERVICES NOT TO EXCEED $5,500. A0484C WHEREAS,the Community Redevelopment Agency of the City of Palm Springs, California ("the Agency") is the owner of the real property commonly known as the Prairie Schooner Parcel located in the City of Palm Springs; and WHEREAS,the Agency is negotiating an Amendment to the Disposition and Development Agreement(the"DDA")between the Agency and the Agua Caliente Band of Cahuilla Indians (the "Tribe") which would include the use of the Prairie Schooner Parcel; and WHEREAS, environmental review and appraisal services were needed to allow the DDA negotiations to proceed in a timely fashion; and WHEREAS, staff negotiated contracts with Terra Nova Planning and Research, Inc. for required environmental review services and with MacKenzie,Wagner&Associates, Inc.for required appraisal services; and WHEREAS, the Agency elected not to hold business meetings during the month of August 2004 and the Executive Director of the Agency executed on an emergency basis the two negotiated contracts, each for amounts below $25,000; and WHEREAS,the City of Palms Springs' Procurement Ordinance allows the City Manager to approve all contracts under$25,000, but the Agency has not yet adopted the Ordinance in its By-Laws which requires Agency Board action. NOW,THEREFORE, BE IT RESOLVED that the Community Redevelopment Agency of the City of Palm Springs, California hereby ratifies the following Contract Services Agreements; Contractor/Contract# Services Not to Exceed Terra Nova Planning and Research (#A483C) Environmental Review $18,340 MacKenzie, Wagner& Associates (#A484C) Property Appraisal $ 5,500 ADOPTED this Vt day of September, 2004. AYES: Members Foat, McCulloch, Mills, Pougnet and Chairman Oden NOES: None ABSENT: None A-GTEST: COMMUNITY REDEVELOPMENT AGENCY , CITY OF-PALM SPRIGS, CALIFORNIA Assistant Secretary Chairman REVIEWED & APPROVED RESOLUTION NO. 1265 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN MEMORANDUM OF UNDERSTANDING RELATING TO THE DEVELOPMENT OF A COMMERCIAL SHOPPING CENTER WITH H & H INVESTMENTS, OF LAS VEGAS, NEVADA FOR A 4.96 ACRE PARCEL AT THE NORTHWEST CORNER OF SUNRISE WAY AND TAHQUITZ CANYON WAY, MERGED AREA#2. A0488C 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, 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, H&H INVESTMENTS, LLC, a Nevada limited liability corporation ("Developer") sold ' to the Agency certain real property consisting of approximately 4.96 gross acres, referred to as APN 508-070-042, located at the northwest corner of Sunrise Way and Tahquitz Canyon Way ("Site") on July 16, 2004; and WHEREAS, Developer was willing to accommodate the Agency's desire to acquire the parcel in order to swap, provided: (1) they still be able to develop a shopping center there, (2) they receive the appraised value, and (3) the Agency acquire it under threat of condemnation; 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 with H & H Investments, LLC of Las Vegas, Nevada, Relating to the Development of a Commercial Shopping Center, for a 4.96 acre parcel for at Tahquitz Canyon Way and Sunrise Way is hereby approved and incorporated herein by this reference. R1265 Page 2 ' 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 1"day of September, 2004. AYES: Members Foat, McCulloch, Mills, Pougnet and Chairman Oden NOES: None ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY CITY OF—RALM SPRINGS, CALIFORNIA Assistant ecretYy Chairman REVIEWED &APPROVED RESOLUTION NO. 1262 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 811 8191 to be assigned $'180,000 (65169) Purpose to appropriate funds for the acquisition of The Desert Hotel, property located at 285 N. Indian Canyon Drive, ($160,000 net to seller with balance for fees and closing costs). SECTION 2. SOURCE Fund Activity Account Amount 811 -Merged Area#1 29301 - Fund Balance 1 $180,000 Adopted this 28th day of July, 2004. AYES: Members Foat, McCulloch, Mills and Pougnet NOES: None ABSENT: Chairman Oden AT-rEST. CI OF �ALM SPRINGS, CALIFORNIA City Clerk Vice Chairman , REVIEWED AND APPROVED RESOLUTION NO. 1263 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN OWNER PARTICIPATION AGREEMENT WITH MAIN STREET FOOD COURT, LLC TO APPROVE A RECIPROCAL ACCESS AGREEMENT TO EFFECTUATE THE CONSTRUCTION OF A COMMERCIAL PROJECT IN THE 300 BLOCK OF NORTH PALM CANYON DRIVE IN MERGED PROJECT AREA#1. A0487C --------------------- 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, the Agency entered an exchange agreement on June 12, 1997 with Vincent J. Pirozzi and Karen M. Pirozzi of the Pirozzi Family Trust ("Pirozzi") to facilitate the development of the Palm Canyon Drive frontage for commercial purposes and the Belardo Road parcel for ' Agency-owned parking; and WHEREAS, Pirozzi sold the property to Main Street Food Court, LLC, (Developer); and WHEREAS, Developer proposes a 7,511 square foot court with a 1,567 square foot patio area in the 300 block of North Palm Canyon Drive, with reciprocal access to an Agency-owned parking lot located on Belardo Road; and WHEREAS, Developer received Planning Commission approval of the project on October 8, 2003, with a requirement in the Conditions of Approval to gain reciprocal access to its trash enclosure from the Agency through its parking lot; and WHEREAS, the original exchange agreement and CC & R's required that at the point the property were ready to developed, the Agency and Developer would enter an Owner Participation Agreement ("OPA"); and WHEREAS, the Agency has considered the staff report, and all the information, testimony and evidence provided during the Agency public meeting on September 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. 1 R1263 Page 2 ' SECTION 2. Pursuant to the California Environmental Quality Act (CEQA), the Community Redevelopment Agency finds as follows: a) In connection with the approval of the OPA, a Mitigated Negative Declaration was prepared in compliance with CEQA, the State CEQA Guidelines and the City's CEQA procedures. The Community Redevelopment Agency finds that 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 Environmental Assessment/Mitigated Negative Declaration and finds that it adequately discusses the potential significant environmental 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 finds that the Environmental Assessment/Mitigated Negative Declaration reflects its independent judgment. SECTION 3. This project improves a blighted site in Merged Project Area #1 (the Central Business District Redevelopment Project Area) and will increase ' tax increment to the Agency and the City. SECTION 6. The Agency does hereby find and determine as follows: (a) The property was originally developed in the 1930's as an automobile service station but declined in economic value, and was demolished in the 1980's. It has been vacant for the past two decades. The Agency acquired the parcel for development purposes and entered an exchange agreement with Piroai to place the developable portion in private hands and to develop public parking on Belardo Road. (b) The OPA effectuates the purposes of the Community Redevelopment Law by reversing or alleviating any serious physical, social, and eccnomic 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 retail buildings by causing the construction and upgrade of the property, placing the property in the hands of a first class operator, in order to maintain existing sales tax revenue and attract additional commercial development within the City and increase the City's tax base. ' R1263 ' Page 3 (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 8. The proposed project is consistent with the Implementation Plan for this area, insofar as this project will increase tax increment and will expand commercial opportunities in a block that has seen significantly less private investment than other areas of the downtown. It will increase the City's tourist business by expanding unique dining opportunities and creating an architecturally inviting project on a previously blighted property on the City's main thoroughfare. SECTION 9. Based on foregoing reasons, this OPA is hereby approved and incorporated herein by this reference. SECTION 10. 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 151 day of September, 2004. AYES: Members Foat, McCulloch, Mills, Pougnet and Chairman Oden NOES: None ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS, CALIFORNIA Assistan Secretary Chairman REVIEWED & APPROVED RESOLUTION NO. 1264 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE ' CITY OF PALM SPRINGS, CALIFORNIA RATIFYING CONTRACT SERVICES AGREEMENTS EXECUTED BY THE EXECUTIVE DIRECTOR WITH TERRA NOVA PLANNING AND RESEARCH, INC. FOR ENVIRONMENTAL REVIEW SERVICES NOT TO EXCEED$18,340 (#A483C)AND WITH MACKENZIE,WAGNER & ASSOCIATES, INC. FOR APPRAISAL SERVICES NOT TO EXCEED $5,500. A0484C WHEREAS,the Community Redevelopment Agency of the Cityof Palm Springs, California ("the Agency") is the owner of the real property commonly known as the Prairie Schooner Parcel located in the City of Palm Springs; and WHEREAS,the Agency is negotiating an Amendment to the Disposition and Development Agreement(the"DDA")between the Agency and the Agua Caliente Band of Cahuilla Indians (the "Tribe")which would include the use of the Prairie Schooner Parcel; and WHEREAS, environmental review and appraisal services were needed to allow the DDA negotiations to proceed in a timely fashion; and WHEREAS, staff negotiated contracts with Terra Nova Planning and Research, Inc. for required environmental review services and with MacKenzie,Wagner&Associates, Inc.for required appraisal services; and , WHEREAS,the Agency elected not to hold business meetings during the month of August 2004 and the Executive Director of the Agency executed on an emergency basis the two negotiated contracts, each for amounts below$25,000; and WHEREAS,the City of Palms Springs' Procurement Ordinance allows the City Manager to approve all contracts under$25,000, but the Agency has not yet adopted the Ordinance in its By-Laws which requires Agency Board action. NOW,THEREFORE, BE IT RESOLVED that the Community Redevelopment Agency of the City of Palm Springs, California hereby ratifies the following Contract Services Agreements: Contractor/Contract# Services Not to Exceed Terra Nova Planning and Research (#A483C) Environmental Review $18,340 MacKenzie, Wagner&Associates (#A484C) Property Appraisal $ 5,500 ADOPTED this 1st day of September, 2004. AYES: Members Foat, McCulloch, Mills, Pougnet and Chairman Oden NOES: None ABSENT: None A 4Assistant COMMUNITY REDEVELOPMENT AGENCY CITY¢F�PA SPRI�GS, CALIFORNIA Secretary Chairman REVIEWED &APPROVED ' RESOLUTION NO. 1265 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN MEMORANDUM OF UNDERSTANDING RELATING TO THE DEVELOPMENT OF A COMMERCIAL SHOPPING CENTER WITH H & H INVESTMENTS, OF LAS VEGAS, NEVADA FOR A 4.96 ACRE PARCEL AT THE NORTHWEST CORNER OF SUNRISE WAY AND TAHQUITZ CANYON WAY, MERGED AREA##2. A0488C 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, 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, H&H INVESTMENTS, LLC, a Nevada limited liability corporation ("Developer') sold ' to the Agency certain real property consisting of approximately 4.96 gross acres, referred to as APN 508-070-042, located at the northwest corner of Sunrise Way and Tahquitz Canyon Way ("Site") on July 16, 2004; and WHEREAS, Developer was willing to accommodate the Agency's desire to acquire the parcel in order to swap, provided: (1) they still be able to develop a shopping center there, (2) they receive the appraised value, and (3) the Agency acquire it under threat of condemnation; 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 with H & H Investments, LLC of Las Vegas, Nevada, Relating to the Development of a Commercial Shopping Center, for a 4.96 acre parcel for at Tahquitz Canyon Way and Sunrise Way is hereby approved and incorporated herein by this reference. Page 2 ' 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 I" day of September, 2004. AYES: Members Foat, McCulloch, Mills, Pougnet and Chairman Oden NOES: None ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY CITY OE-PALM SPRINGS, CALIFORNIA Assistan ecre ary Chairman REVIEWED & APPROVED 1 1 ' RESOLUTION NO. 1266 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN MEMORANDUM OF UNDERSTANDING WITH THE CITY OF PALM SPRINGS AND CENTURY CROWELL COMMUNITIES, LP, A CALIFORNIA LIMITED LIABILITY PARTNERSHIP, RELATING TO THE PUBLIC BENEFIT DERIVED FROM A PROPOSED 1913/1915 ACT ASSESSMENT DISTRICT. A0489C BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs that the Memorandum of Understanding with the City of Palm Springs and Century Crowell Communities, LP, a California Limited Liability Corporation, relating to the public benefit derived from a proposed 1913/1915 Act assessment district is hereby approved and incorporated herein by this reference. ADOPTED this I"day of September, 2004. AYES: Members Foat, McCulloch, Mills, Pougnet and Chairman Oden NOES: None ABSENT: None A COMMUNITY REDEVELOPMENT AGENCY CITY OF P RINGS, LIFORNIA �L ( Y� Assistant Secretary Chairman REVIEWED &APPROVED RESOLUTION NO. 1267 SECOND AMENDMENT TO A DISPOSITION AND , DEVELOPMENT AGREEMENT WITH VISTA SUNRISE APARTMENTS, LP FOR -TECHNICAL CHANGES 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. A00464C 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, DAP HIV/AIDS Housing Project, proposed for low-income persons with HIV/AIDS, and Family Care Center, operated by the County of Riverside, was approved on July 16, 2003 by the Palm Springs City Council; and WHEREAS, the property developers, McCormack Baron Salazar, Inc. and Vista Sunrise Apartments, LP, sought Agency financial assistance to cover a portion of the development cost; and WHEREAS, the Community Redevelopment Agency of the City of Palm Springs, at its July 16, ' 2003 meeting, conducted a joint public hearing and approved a Disposition and Development Agreement ("DDA") with McCormack Baron Salazar, Inc. and Vista Sunrise Apartments, LP; and WHEREAS, the property developers submitted a Low Income Housing Tax Credit (LIHTC) application to the California Tax Credit Allocation Committee for the July 24, 2003 application round and requested Agency assistance to strengthen the application, but were unsuccessful in receiving a LIHTC commitment; and WHEREAS, the property developers have applied for state Multifamily Housing Program (MHP) funds for the development of the project, which requires minor modifications to the Agency financing structure; 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 owners still agree to restrict, though a Regulatory Agreement approved as an attachment to the DDA, the rents on 49% of the proposed units (42) to levels affordable to families with incomes no more than 60% of Area Median Income (AMI); and Resolution 1267 Page 2 WHEREAS, the Agency approved on November 19, 2003 certain changes in the DDA, adding the fair market value of the Agency-contributed property to the Note, adding a Grant Deed, and amending the Rider to Property Deed of Trust and Assignment of Rents for the purposes of conforming the Agency assistance to the State of California's requirements in its MHP Program. WHEREAS, Riverside County has asked the Parties to change sections in the Regulatory Agreement on tenant preferences and the termination of ineligible tenants to conform to TCAC requirements and the County's HOME Loan Agreement, both drafted under the Code of Federal Regulations (CFR), and thereby prevent incompatible regulations in the project; and that the Agency consider granting its parcel to the County rather than either the Partnership or non-profit general partner for the purposes of consolidating all of the land prior to adjusting the lot lines for the separate health care facility project. NOW THEREFORE, the Parties mutually desire to amend the Amended Disposition and Development Agreement as follows: Section 1. The Parties agree that Section 6 of the Regulatory Agreement, Rental Priority shall read as follows- ' 6. Rental Priority. During the term of this Agreement, Owner shall use its best efforts to lease vacant Units reserved for Eligible Tenants in the following order of priority: (i) displaced persons entitled to a preference pursuant to California Health and Safety Code Section 33411.3 or successor statute; and (ii) other persons meeting the eligibility requirements of this Agreement. Owner shall and Agency may maintain a list (the "Housing List") of persons who have notified Owner and/or Agency of their desire to rent a Unit in the Project and who have incomes which would qualify them as an Eligible Tenant, and Owner shall offer to rent Units on the above-referenced priority basis. Should multiple tenants be equally eligible and qualified to rent a Unit, Owner shall rent available Units to Eligible Tenants on a first-come, first-served basis. Section 2. The Parties agree that Section 9 of the Regulatory Agreement, Terminating Ineligible Tenant, shall read as follows- 9. Terminatinq Ineligible Tenant. Upon recertification, if an Eligible Tenant has become ineligible, Owner shall allow such ineligible tenant to occupy the Unit provided the ineligible tenant's income does not exceed one- hundred forty percent (140%) of Area Median Income (AMI). The unit shall be deemed occupied by an ineligible tenant for the purposes of reporting under Section C(10.)(1), Certificate of Continuing Program Compliance. During the period the ineligible tenant occupies the unit, the tenant's rent shall be adjusted to 30% of the tenant's gross income. If the ineligible tenant's income exceeds 140% of AMI, then Owner shall allow such ineligible tenant to occupy the Unit for a period of twenty-four (24) months ("Grace Period"). The ineligible tenant shall pay rent equal to 30% of his gross income during the Grace Period. If the ineligible tenant becomes an Eligible Tenant upon recertification during the Grace Period, Owner shall continue to rent the Unit to the Eligible Tenant at the Resolution 1267 Page 3 Affordable Rent of the income category that the Eligible Tenant falls within following recertification. If after the Grace Period the tenant remains ineligible, the ineligible tenant's lease shall not be renewed and such tenant shall be required to vacate the Unit. Section 3. Attachment No. 5, the Grant Deed, is hereby amended to reflect the granting of the Agency parcel to the County of Riverside under the same terms and provisions as under the Amended DDA. IN WITNESS WHEREOF, the parties have executed and entered into this Amendment as of the date stated below. ADOPTED this 15" day of September, 2004. AYES: Members Foat, McCulloch, Mills, Pougnet and Chairman Oden NOES: None ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS, CALIFORNIA Assistant Secretary Chairman i RESOLUTION NO. 1268 ' OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA AMENDING THE BY-LAWS OF THE AGENCY REGARDING AUTHORIZATION TO EXECUTE AGENCY CONTRACTS AND OTHER AGREEMENTS WHEREAS the By-Laws of the Community Redevelopment Agency of the City of Palm Springs, California ("Agency')were adopted by Agency Resolution No. 1 on September25, 1972; and WHEREAS Article IV of said By-Laws states that"These By-Laws may be amended by the unanimous vote of all of the members of the Agency, at any regular or special meeting, without previous notice, or upon a vote of the majority of all the duly appointed and qualified members of the Agency at any regular or special meeting when at least seven days'written notice thereof has been previously given to all of the members of the Agency"; and WHEREAS the Agency's By-Laws were previously amended by Agency Resolutions No.30 on March 27, 1974, No. 32 on July 10, 1974, No.47 on May 19, 1976, No. 99 on December 5, 1979, No. 251 on September 17, 1984, No. 357 on September4, 1985, No. 777 on May 1, 1991, and No. 831 on December 18, 1991; and WHEREAS the first paragraph of Article II, Section 23 of the Agency's By-Laws, as previously amended by Agency Resolution No. 357, states that"The Secretary may be the ' Executive Director of the Agency,and,as Executive Director,shall have general supervision over the administration of its business and affairs, including but not limited to the authorization to enter into contracts with an amount not to exceed $5,000 and to accept grant deeds for the Agency"; and WHEREAS the current Agency authorization underArticle II, Section 23 of the Agency's By- Laws, as previously amended, has become outdated due to organizational and other changes in the City of Palm Springs; and WHEREAS Resolution No. 20271 adopted by the City Council on February 6, 2002, authorizes the City Manager and other City officials to execute documents on behalf of the City including authorizations for the City Manager to enter into various contracts not to exceed $25,000 and to accept grant deeds for the City, and authorizations for certain department heads to enter into various contracts not to exceed $5,000. NOW,THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, California as follows.- SECTION 1. Article II, Section 21 of the Agency's By-Laws shall be amended to strike language as indicated below and add language as underlined below, so that Section 21 shall thereby read as follows: "The Chairman shall be the Mayor of the City—. -Ke and shall preside at all meetings of the Agency. Except as otherwise authorized by these By-Laws or resolution of the Agency, the Chairman shall sign all contracts, deeds and other instruments made by the Agency. At each meeting the Chairman shall submit such recommendations and information as toe the Chairman may consider proper concerning business, affairs, and politics of the Agency. Resolution 1268 Page 2 SECTION 2. The first paragraph of Article II, Section 23 of the Agency's By-Laws ' shall be amended to strike language as indicated below and add language as underlined below, so that the first paragraph of Section 23 shall thereby read as follows: "The Secretary may be the Executive Director of the Agency, and, as Executive Director, shall have general supervision over the Administration of its business and affairs, including but not limited to the authorization to enter into contracts with an amount not to exceed $5,900 JaL.000 and to accept grant deeds for the Agency and to authorize the City's Director of Community and Economic Development to enter into various contracts not to exceed $5,000. The following named Agency officers are authorized to sign on behalf of the Agency, unless otherwise specified by ordinance, the documents herein specified: A. Documents requiring Agency approval priorto signing and not of the type covered under Section B below: Type of Document Authorized Signatures (1) Resolution Executive Director (2) Contract-Agreements Executive Director ' (3) Grant Deed Chairman &Assistant Secretary (4) Escrow Instructions Executive Director (5)Agreement-Concessions Chairman & Assistant Secretary (6) Lease Agreements Executive Director (7) Change Orders over Executive Director $25,000 B. Documents including agreements, amendments to agreements and change orders, not requiring specific Agency approval prior to signing, but where expenditure of funds is involved, such authorization is limited to items included in Agency adopted budget. Type of Document Authorized Signatures (1) Documents for public workslimprovement (construction) Up to $5,000 Director of Community & Economic Development $5,000 to $25,000 Executive Director (2) Documents for supplies ' and equipment Up to $5,000 Director of Community& Economic Development $5,000 to $25,000 Executive Director Resolution 1268 Page 3 ' (3) Documents for professional services (i.e. engineering, architect, consultant, legal, etc.) Up to $5,000 Director of Community& Economic Development $5,000 to $25,000 Executive Director (4) Documents for non- professional services Up to $5,000 Director of Community& Economic Development $5,000 to $25,000 Executive Director (5) Documents for use of Agency facilities Executive Director (6) Applications for Federal and/or State Grants Executive Director C. With regards to the documents listed above, the Executive Director or other authorized signatory may delegate the signing authority contained in these By-Laws to the Acting Executive Director or the Acting Director of Community&Economic Development as the case may be, whenever the principal signatory listed is or is to be absent from regular duty in excess of two (2) days, by reason of vacation, leave of absence, physical inability, or for whatever other reason, or absent for less than two (2) days when time constraints are of the essence and immediate action is required in the best interests of the Agency. SECTION 3. All documents referred to in Section 2 shall be attested by the Assistant Secretary. SECTION 4. Agreements for rental of Agency facilities for short-term periods, not to exceed one (1) year, and with amounts involving rentals of less than$2,500 annually, may be authorized by the Executive Directoror his designee. ADOPTED this 15°i day of September, 2004. AYES: Members Foat, McCulloch, Mills, Pougnet, and Chairman Oden NOES: None ABSENT: None T; COMMUNITY REDEVELOPMENT AGENCY OF THE CITY 0 GS, AL Assistant Secretary Chairman REVIEWED &APPROVED RESOLUTION NO. 1269 OF THE CITY COUNCIL OF THE CITY OF PALM ' SPRINGS, CALIFORNIA, APPROVING FINAL MAP NO. 30050 FOR PROPERTY LOCATED AT THE NORTH EAST CORNER OF ACANTO DRIVE AND SOUTH PALM CANYON DRIVE IN SECTION 35, TOWNSHIP 4 SOUTH, RANGE 4 EAST WHEREAS the City Council at its meeting of May 22, 2002 recommended approval of Tentative Tract Map No. 30050 requested by Mainiero, Smith and Associates Inc., representing IRC El Portal Associates, LLC, a Delaware Limited Liability Company, for the above described property; and WHEREAS the City Council at its meeting of June 19, 2002, approved Tentative Tract Map No. 30050 subject to conditions; and WHEREAS the owner offers for dedication to the City of Palm Springs Lots "A" through "F" to public use for public utility purposes and ingress and egress for emergency and service vehicles; an easement for public utility purposes, as shown on the map as 10' P.U.E.; a 21' emergency access easement over Lots "I" and "J" an easement for pedestrian, trail and drainage purposes over Lots "G", "H", "I" and the westerly 44 feet of Lot "F"; an easement for storm drain purposes over Lot "J'; and WHEREAS owner has executed a Subdivision Agreement and Covenant to Use as One in order to satisfy certain Map Conditions of Approval; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs as follows: I. That Final Map No. 30050 is in substantial conformance with approved Tentative Tract Map No. 30050; and II. That requisite conditions associated with Tentative Tract Map No. 30050 have been satisfied; and III. That Final Map No. 30050 is in conformance with the General Plan; and IV. That Final Map No. 30050 conforms to all requirements of the Subdivision Map Act of the State of California; and V. That the offers of dedication to the public on Final Map No. 30050 shall be accepted by the City Clerk of the City of Palm Springs; and VI. That the City Manager is hereby authorized to execute the Covenant to Use as One and to enter into a Subdivision Improvement Agreement with the subdivider and to accept subdivision improvement security in conformance with the requirements therein for construction of required public improvements; and ' VII. That the City Clerk shall cause to have recorded with the Riverside County Recorder the Covenant to Use as One and the Subdivision Improvement Agreement; and Vill. That the Final Map No. 30050 subject to final technical review and approval by the City Engineer, is hereby approved for purposes therein defined. ADOPTED this 15" day of September, 2004 .AYES: Members Foat, McCulloch, Mills, Pougnet, and Chairman Oden NOES: None ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA y Assistant Secretary Chairman REVIEWED & APPROVED AS TO FORM: r r' r� RESOLUTION NO, 1270 APPROVING THE MID-TERM REVIEW OF THE REDEVELOPMENT , IMPLEMENTATION PLAN FOR THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA WHEREAS, all redevelopment agencies in California were required by the Community Development Reform Act of 1993 ("AB 1290") to adopt an "implementation plan" prior to December 31, 1994,and to readopt an implementation plan every five years thereafter,and WHEREAS,AB 1290 also included a "mid-term review" requirement, requiring agencies to conduct a public hearing during the third year after adoption of the Implementation Plan, to allow the community to review the progress of the Community Redevelopment Agency ("Agency"); and WHEREAS; the Agency adopted its first Implementation Plan on March 15, 1995 and approved its first Mid-Term Review in June 1998; and WHEREAS, the Agency adopted its second Implementation Plan on October 24, 2001 following the merger of its ten original redevelopment project areas into two merged redevelopment project areas in May of 2000;and is now due to adopt the Mid-Term Review. NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, California that the Mid-Term Review of the Implementation Plan for Merged Project Areas No. 1 and No. 2 is hereby approved. ADOPTED this 1s` day of December, 2004 AYES: Members McCulloch, Pougnet and Chairman Oden NOES: None ABSENT: Members Foat and Mills ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA By i Acting Assistant Secretary Chai an REVIEWED &APPROVED