Loading...
HomeMy WebLinkAbout4/21/2004 - STAFF REPORTS (2) DATE: APRIL 21, 2004 TO: COMMUNITY REDEVELOPMENT AGENCY FROM: DIRECTOR OF COMMUNITY& ECONOMIC DEVELOPMENT RESOLUTION APPROVING THE REPORT TO THE CITY COUNCIL FOR THE TAHQUITZ-ANDREAS EMINENT DOMAIN EXTENSION AMENDMENTTO THE MERGED REDEVELOPMENT PLAN FOR MERGED REDEVELOPMENT PROJECT NO. 2 AND AUTHORIZING TRANSMITTAL OF THE REPORT TO THE CITY COUNCIL RECOMMENDATION: It is recommended that the Community Redevelopment Agency of the City of Palm Springs, California ("Agency') adopt the resolution approving and transmitting its Report to the City Council for the Amendment to the Merged Redevelopment Plan for Merged Redevelopment Project No. 2 to reinstate eminent domain authority for nonresidential property within the Tahquitz-Andreas Constituent Area. SUMMARY: The Agency's authority to use eminent domain (i.e. condemnation authority) to acquire property within the Tahquitz-Andreas Constituent Area expired on July 19, 1995. Agency staff has taken steps to amend the Merged Redevelopment Plan for Merged Redevelopment Project No. 2 to extend the Agency's authority to use eminent domain to acquire nonresidential propertywithin the Tahquitz-Andreas Area for twelve(12)years from the date of adoption of the proposed Amendment. As part of this process, the Agency is to submit to the City Council a report that describes reasons for the Amendment and analyze its impacts. Subsequent to the Agency's approval and transmittal of its Report to the City Council, a Joint Public Hearing of the Agency and the City Council will be held on May 5, 2004 to consider adoption of the Amendment. BACKGROUND: When originally adopted, all of the Agency's original ten Redevelopment Plans permitted the use of eminent domain to acquire property within the Project Areas. With the exception of property owned by the Agua Caliente Band of Cahuilla Indians or allotlees, all properties within the Project Areas were subject to potential acquisition through condemnation for redevelopment purposes. The California Community Redevelopment Law establishes a 12-year time limit on the commencement of eminent domain from the date of adoption of the redevelopment plan,though this time limit may be extended by an amendment to the redevelopment plan. On July 19, 1995, eminent domain authority expired in the Tahquitz-Andreas Constituent Project Area. Subsequently, the City Council merged the Tahquitz- Andreas, Baristo-Farrell, and Canyon Redevelopment Plans in May of 2000, and formed the Merged Redevelopment Project Area No. 2. In February 2003, the City Council reestablished eminent domain authority in the Baristo-Farrell and Canyon constituent areas, subject to certain limitations. Currently, among all of the Agency's ten constituent areas in Merged Project Area No. 1 and Merged Project Area No. 2, only the Tahquitz-Andreas Constituent Area does not have authority to acquire property through eminent domain (i.e. condemnation authority). In 2002, the Agency initiated efforts to reestablish the authority to use eminent domain within the Tahquitz-Andreas ConstituentArea of the Merged Redeveloptmen� V Project Area No. 2. Initially, staff wanted to explore whether both residential and non-residential property should be subject to eminent domain authority in the Tahquitz-Andreas Area. The Agency did not and does not have the authority to use eminent domain to acquire residential properties in the other constituent areas. Staff did not want to exclude the possibility of residential redevelopment within the Tahquitz-Andreas Area, and therefore in July 2002, the City Council called for formation of the Tahquitz-Andreas Project Area Committee ("PAC"), as required by statute when an Agency considers the inclusion of residential property in its eminent domain authority. Following its official formation in August of last year, the PAC held its first full meeting in December 2003. Following several subsequent meetings to review the "mechanics"of redevelopment law, eminent domain and the proposed Amendment, the PAC voted unanimously (5-0) on February 9, 2004, to recommend the reinstatement of eminent domain authoritywithin the Tahquitz-Andreas Constituent Area provided that residential properties were excluded. The Tahquitz-Andreas Area is fully contained within Section 14, and after consideration of the PAC's recommendation and subsequent input from Agua Caliente Band representatives who did not foresee the use of residential eminent domain as critical to their Section 14 development plans, staff modified the proposed Amendment consistent with the PAC's recommendation. As now proposed,the Agency's authority to use eminent domain within the Tahquitz- Andreas Constituent Area would be subject to the following limitations: 1. Eminent domain may not be used to acquire a property legally devoted to a residential use. A parcel is devoted to a residential use if a residential structure has been legally constructed on such parcel, and such structure continues to be legally occupiable for a residence; and 2. Eminent domain may not be used to acquire any parcels or interests in lands held in Trust by the United States for any individual Indian or for the Aqua Caliente Band itself. However,the power of eminent domain maybe used to acquire a leasehold or other interest from the lessee or holder (but not the fee interest of the allottee) which is on land held in Trust by the United States, but only with the written consent of the Tribal Council of the Agua Caliente Band; and 3. Eminent domain may not be used to acquire propertyowned by a public body without the consent of that public body. These limitations are identical to those applicable to the other nine Constituent Areas of Merged Project Areas Nos. 1 and 2, for which eminent domain authority was extended by the City Council in February 2003. If the now proposed Amendment were adopted following a City Council and Agency Joint Public Hearing on May 5, 2004, the Agency would have the authority to use eminent domain within the Tahquitz-Andreas Area for a 12-year period. While the Agency has no plans at this time to use eminent domain to acquire property within the Tahquitz-Andreas Area, this is a necessary tool that may be needed in the future to carry out redevelopment goals and objectives. Attached to this staff report is an Agency resolution approving the Report to City Council and authorizing its transmittal to the Council. The Agency's Report to the City Council contains the reasons for the proposed Amendment, examples of the blighting conditions that persist in the Tahquitz-Andreas Constituent Area and the PAC's recommendation on the proposed Amendment. Furthermore, in accordance with California Environmental Quality Act guidelines, a study was initiated to determine any negative environmental impacts that maybe caused by the proposed Amendment. The Negative Declaration found that the Amendment would not have a significant adverse impact on the environment and it is included as Exhibit 3 in the Report to City Council. As stated in the Report, eminent domain,though rarely used by the Agency, is an important tool needed to address conditions such as substandard properties, development of vacant lots,and redevelopment of obsolete and underutilized commercial uses. The Report to the City Council will be made available to the public for inspection prior to the May 5th Joint Public Hearing. i JO S. YMO Dir ctor o Co'-m�-m-un�ity& Economic Development APPROVEED:�-�•- �� Executive Director ATTACHMENTS: 1. Resolution 2. Report to the City Council-Amendment to the Merged Redevelopment Plan for Merged Redevelopment Project No. 2 (Tahquitz-Andreas Eminent Domain Time Limit Extensions) CO Exhibit"A" REPORT TO THE CITY COUNCIL AMENDMENT TO THE MERGED REDEVELOPMENT PLAN FOR MERGED REDEVELOPMENT PROJECT NO. 2 (TAHQUITZ-ANDREAS EMINENT DOMAIN TIME LIMIT EXTENSION) I� Amendment to the Merged Redevelopment Plan for Merged Redevelopment Project No. 2 (Tahquitz-Andreas Eminent Domain Time Limit Extension) Report to the City Council April 21, 2004 Community Redevelopment Agency of the City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 t ■ Rosenow Spevacek Group, Inc. 217 North Main Street, Suite 300 Santa Ana, California 92701-4822 Phone: (714)541-4585 Fax: (714) 836-1748 E-Mail: info@webrsg.com V Table of Contents Introduction......................................................................................... 1 Contentsof this Report.......................................................................................... 2 A. Reasons for the Amendment and a Description of Specific Projects Proposed and How These Projects Will Improve or Alleviate Blighting Conditions Found in the Tahquitz-Andreas Area................. 4 Nexus to Redevelopment Plan Goals ...................................................................4 How Eminent Domain May be Used by Agency...................................................5 B. A Description of the Physical and Economic Conditions Existing in the Tahquitz-Andreas Area.............................................................. 7 Subdivided Lots of Irregular Form and Shape and Inadequate Size....................7 VacantBuildings and Lots .....................................................................................8 C. Five-Year Implementation Plan.................................................... 13 D. Why the Elimination of Blight and Redevelopment Cannot Be Accomplished by Private Enterprise Acting Alone or by the City's Use of Financing Alternatives Other Than Tax Increment............... 14 E. The Method of Financing............................................................... 15 F. The Relocation Plan ...................................................................... 16 G. Analysis of the Preliminary Plan................................................... 19 H. Report and Recommendation of the Planning Commission......... 20 1. Report of the Project Area Committee ........................................ 21 J. General Plan Conformance............................................................ 22 K. Environmental Documentation ..................................................... 23 L. Report of the County Fiscal Officer ............................................. 24 M. Neighborhood Impact Report ....................................................... 25 G:\RSG\PALMSPRI NG S\TAHQU ITZ&ANDREAS\REPORTTOCOU NCI L\RTC N. Summary of Agency's Consultations with Affected Taxing Agencies............................................................................................ 29 Proposed Amendment Text.....................................................Exhibit 1 Map of Project Area and Tahquitz-Andreas Area....................Exhibit 2 Negative Declaration...............................................................Exhibit 3 G:\RSG\PALMSPRINGS\TAHQUITZ$ANDREAS\REPORTTOCOUNCIL\RTC Introduction The Community Redevelopment Agency of the City of Plan Springs ("Agency") has proposed an amendment ("Amendment') to the Merged Redevelopment Plan ("Plan") for Merged Redevelopment Project No. 2 ("Project'). As proposed, the Amendment would reestablish the ability to use eminent domain to acquire certain real property within the Tahquitz-Andreas Constituent Area ("Tahquitz- Andreas Area") of Merged Redevelopment Project Area No. 2 ("Project Area"). As described in the text of the proposed Amendment contained in Exhibit 1, the proposed eminent domain authority would be limited as follows: 1. Residential Property Exempt: Consistent with its eminent domain authority in other parts of the Project Area, the Amendment provides that eminent domain may not be used to acquire properties legally devoted to a residential use (i.e. a residential structure has been legally constructed on such parcel, and such structure continues to be legally occupiable for a Residence). 2. Certain Aqua Caliente Band Property Exempt: The power of eminent domain would not be used to acquire any parcels or interests in lands held in Trust by the United States for any individual Indian or for the Aqua Caliente Band itself. However, the power of eminent domain may be used to acquire a leasehold or other interest from the lessee or holder (but not the fee interest of the allottee) which is on land held in Trust by the United States, but only with the written consent of the Tribal Council of the Agua Caliente Band. 3. Public Agency Property Exempt: Eminent domain may not be used to acquire property owned by a public body without the consent of that public body. Exhibit 2 presents a map of the boundaries of the Tahquitz-Andreas Area and the Merged Redevelopment Project Area No. 2("Project Area")which is comprised of three constituent redevelopment Project Areas: Baristo-Farrell, Canyon and Tahquitz-Andreas (the Baristo-Farrell and Canyon Project Areas are not affected by the proposed Amendment). The Tahquitz-Andreas Area was originally established on July 19, 1983 by Ordinance No. 1187 and subsequently amended by Ordinance No. 1489 on December 21, 1994, Ordinance No. 1576 on December 15, 1999, Ordinance No. 1583 on May 31, 2000, and Ordinance No. 1624 on February 19, 2003. The City 1\ em ' R 4 \•� ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY OF THE APRIL 21,2004 CITY OF PALM SPRINGS TAHQUITZ-ANDREAS EMINENT DOMAIN AMENDMENT -1- REPORT TO THE CITY COUNCIL Council is also processing two minor financial amendments concurrent with the proposed amendment to rescind the time limit to incur debt and to extend the duration of the Plan by one year. Both of these financial amendments are anticipated to be completed prior to consideration of the ordinance adopting the Amendment. This document is the Agency's Report to the City Council ("Report") on the proposed Amendment, and has been prepared pursuant to Section 33457.1 and 33352 of the California Community Redevelopment Law, Health and Safety Code Section 33000 et seq. ("Redevelopment Law"). Pursuant to Section 33352 of Redevelopment Law, the Agency is required to submit a Report containing specific documentation regarding the proposed Amendment. The purpose of this Report is to provide the information, documentation, and evidence pertaining to the Amendment. With respect to the Amendment, this Report supplements the documentation and evidence contained in the previous Report to the City Council ("Original Report"), prepared in connection with the adoption of the original redevelopment plan for the Tahquitz-Andreas Area and the subsequent amendments;the Original Report is incorporated herein by reference. Contents of this Report The contents of this Report are presented in 14 sections, which generally correspond to the subdivisions presented in Section 33352 of the Law. The sections are as follows: SECTION A Reasons for the Amendment and a Description of Specific Projects Proposed and How These Projects Will Improve or Alleviate Blighting Conditions Found in the Tahquitz-Andreas Area SECTION B A Description of the Physical and Economic Conditions Existing in the Tahquitz-Andreas Area SECTION C Five-Year Implementation Plan SECTION D Why the Elimination of Blight and Redevelopment Cannot be Accomplished by Private Enterprise Acting Alone or by the City's Use of Financing Alternatives Other Than Tax Increment SECTION E The Method of Financing SECTION F The Relocation Plan SECTION G Analysis of the Preliminary Plan C 94 A• �� ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY OF THE APRIL 21,2004 CITY OF PALM SPRINGS TAHQUITZ-ANDREAS EMINENT DOMAIN AMENDMENT -2- REPORT TO THE CITY COUNCIL SECTION H Report and Recommendation of the Planning Commission SECTION I Report of the Project Area Committee SECTION J General Plan Conformance SECTION K Environmental Documentation SECTION L Report of the County Fiscal Officer SECTION M Neighborhood Impact Report SECTION N Summary of Agency's Consultations with Affected Taxing Agencies \60 kv ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY OF THE APRIL 21,2004 CITY OF PALM SPRINGS TAHOUITZ-ANDREAS EMINENT DOMAIN AMENDMENT -3- REPORT TO THE CITY COUNCIL 1 Reasons for the Amendment and a Description of Specific Projects Proposed and How These Projects Will Improve or Alleviate Blighting Conditions Found in the Tahquitz-Andreas Area When originally adopted, all three of the Project's now-merged constituent redevelopment plans permitted the Agency to use eminent domain to acquire property within the Project Areas. With the exception of property owned by the Agua Caliente Band of Cahuilla Indians, all property within the Project Areas could have been acquired by condemnation. Eminent domain authority existed on all property in the Tahquitz-Andreas Area, though it has been rarely used. Eminent domain is often the only way to effectively redevelop small lots and mixed ownership that prevent revitalization of older or neglected areas. Under Redevelopment Law, the time limit on eminent domain lasts for 12 years, unless extended by an amendment. The Tahquitz-Andreas Area eminent domain authority lapsed on July 19, 1995. In 2003, the Agency reestablished eminent domain authority in the Canyon and Baristo-Farrell Project Areas. The following matrix summarizes the Agency's eminent domain authority in the Plan for each Project Area: Project Area Date Eminent Domain Authority Expires Badsto-Farrell February 19,2015 1Can on February19 20 Tah uitz Andreas Expired The Amendment proposes to extend eminent domain authority for the Tahquitz- Andreas Area. The proposed Amendment text is shown in Exhibit 1. RedevelopmentNexus to In order to reach the community's redevelopment goals, eminent domain authority is an essential component of the Agency's redevelopment program for akp% 1, too t I ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY OF THE APRIL 21,2004 CITY OF PALM SPRINGS TAHQUITZ-ANDREAS EMINENT DOMAIN AMENDMENT -4- REPORT TO THE CITY COUNCIL the Tahquitz-Andreas Area. The Plan includes several goals applicable to the Agency's land acquisition and assembly capabilities. As indicated below, the Agency's initial intentions for redevelopment in the Tahquitz-Andreas Area involved achieving land assembly, reuse and redevelopment goals, such as: • Eliminate Physical. Social, and Environmental Deficiencies. The elimination of environmental deficiencies in the Tahquitz-Andreas Area, including among others, small and irregular lots, obsolete and aged building types, and deteriorated public improvements. • Assemble and Consolidate Underutilized Land. The assembly of land into parcels suitable for modern, integrated development with improved pedestrian and vehicular circulation in the Tahquitz-Andreas Area. • Coordinate Future Development. The replanning, redesign, and development of undeveloped areas, which are stagnant or improperly utilized. • Assure Commercial Vitalitv. The strengthening of retail and other commercial functions in the area. • Stimulate Economic Development. The strengthening of the economic base of the Tahquitz-Andreas Area and the community by the installation of needed site improvements to stimulate new commercial expansion, employment, and economic growth. • Provide Additional Parking Spaces. The provision of adequate land for parking and open spaces. • Upgrade Urban Design Standards. The establishment and implementation of performance criteria to assure high site design standards and environmental quality and other design elements, which provide unity and integrity to the entire Tahquitz-Andreas Area. • Protect Unique Character of Community. The strengthening of the economic base of the Tahquitz-Andreas Area and the community by assisting in the development of a cultural and convention facility or facilities. EminentHow be Used by Agency As described in Section B of this Report, persistent blighting conditions in the Tahquitz-Andreas Area Cannot be addressed without the ability to acquire and assemble property, including use of eminent domain authority. Though it has been rarely used by the Agency, eminent domain is an essential tool for redevelopment of the Tahquitz-Andreas Area. C kw ` l mow ROSENOW SPEVACEK GROUP,INC COMMUNITY REDEVELOPMENT AGENCY OF THE APRIL 21,2004 CITY OF PALM SPRINGS TAHQUITZ-ANDREAS EMINENT DOMAIN AMENDMENT -5- REPORT TO THE CITY COUNCIL Redevelopment is needed in the Tahquitz-Andreas Area to assist property owners correct persistent blighting conditions, including those described in Section B of this Report. The Tahquitz-Andreas Area includes several obsolete commercial buildings with limited onsite parking and small infill lots that have remained undeveloped for decades. Many Tahquitz-Andreas Area parcels are inadequately sized to accommodate contemporary development, in terms of building size, parking and other on site improvements. The private sector alone cannot redevelop properties because assembly of multiple parcels to create economically developable lots is difficult due to small lot sizes and the diverse ownership patterns in the Tahquitz-Andreas Area. A reluctant owner can hold out and effectively halt a land assembly and redevelopment effort. For this reason, the Plan originally included the ability to use eminent domain to acquire property for redevelopment purposes in the Tahquitz-Andreas Area, but this authority expired in 1995, 12 years after it was originally adopted. (Redevelopment Law allows eminent domain authority to remain in a redevelopment plan in 12-year increments.) Because redevelopment in the Tahquitz-Andreas Area may continue to necessitate land assembly and potentially condemnation, eminent domain authority must be extended in the Tahquitz-Andreas Area. ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY OF THE APRIL 21,2004 CITY OF PALM SPRINGS TAHQUITZ-ANDREAS EMINENT DOMAIN AMENDMENT -6- REPORT TO THE CITY COUNCIL ran I A Description of the Physical and Economic Conditions Existing in the Tahquitz-Andreas Area Section 33352(b) of Redevelopment Law requires a description of the physical and economic conditions that cause the Tahquitz-Andreas Area to be blighted. This information was provided in the Original Report prepared and provided as evidence that the Tahquitz-Andreas Area was deemed blighted at the time of adoption. Pursuant to Section 33368 of the Law, the adoption of the ordinances adopting the Plan and subsequent amendments are final and conclusive, and it is thereafter conclusively presumed that the Tahquitz-Andreas Area is a blighted area as defined by Sections 33031 and 33032 of Redevelopment Law and that all prior proceedings have been duly and regularly taken. The Tahquitz-Andreas Area contains factors that Section 33101(b) of the CRL describes as economic and physical conditions that cause blight. Conditions in the Tahquitz-Andreas Area include the following: Subdivided Lots of Irregular Form and Shape and Inadequate Size In 1959, Congress passed the Equalization Act that allotted and equalized property value to individual Indians within the reservation including the area known as Section 14 that includes all of the Tahquitz-Andreas Area. Several of the individually owned properties became distributed among numerous allottees. Within Section 14, individuals Indians were allotted property rights in various sizes. On the eastern end of Section 14, average allotments were 5 acres, but only 2 acres in the western end (including the Tahquitz-Andreas Area). The smaller allotments in the Tahquitz-Andreas Area became an issue as the City built out, because these parcels are not adequately sized for many types of contemporary development. As such, the area has seen stagnation, as some parcels have remained undeveloped while some older uses lack the amount of parking and onsite improvements expected by current commercial users. The small lot sizes also create conflicts between adjacent uses, such as outdoor storage immediately adjacent to residential uses in the north end of the Tahquitz- Andreas Area, as shown in the photo below: COKIRt • ROSENOW SPEVACEK GROUP,INC. COMM IT REDEVELOPMENT AGENCY THE APRIL 21,2004 CITY OF PALM SPRINGS TAHQUITZ-ANDREAS EMINENT DOMAIN AMENDMENT -7- REPORT TO THE CITY COUNCIL r � Photo 1: Commercial use on Calle Encilia south of Alejo Road, where outdoor storage is visible to adjacent residential condominiums. The Amendment provides the Agency the ability to proactively engage in land assembly endeavors to address incompatible and mixed land use character in these areas. By assembling and consolidating lots under mixed ownership, the Agency can facilitate the redevelopment of land uses compatible with the City General Plan (while minimizing the detrimental impacts on surrounding uses) as a result of having more land area. Vacant Buildings and Lots Located throughout the Tahquitz-Andreas Area are several vacant buildings and lots. Vacant and abandoned in particular are indicators that the Tahquitz- Andreas Area has difficulty encouraging investment in the area. These properties can fall victim to the dumping of trash, vandalism, and graffiti. Examples and locations of abandoned buildings and vacant lots are shown in photos below: C' ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY OF THE APRIL 21,2004 CITY OF PALM SPRINGS TAHQUITZ-ANDREAS EMINENT DOMAIN AMENDMENT •8- REPORT TO THE CITY COUNCIL : i 1H IlM1�t� F �g b 11.,-3a.17 i M1}r � Y I ry I. tf Y: x �l+ a rn f y � � s. } Photo 2: Located at the corner of Ramon Road and Indian Canyon Road. Vacated gas station. r j ( A Ty' I i •;:i".. aYx. 3ii:E5e",b. viui,:,.. '.'"'t+*d .::.t'a.• it�eh'°sffi'{�;�' Photo 3: 400 Block of Indian Canyon Road. Another vacant gas station. UR,- No —1 b ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY OF THE APRIL 21,2004 CITY OF PALM SPRINGS TAHQUITZ-ANDREAS EMINENT DOMAIN AMENDMENT -9- REPORT TO THE CITY COUNCIL � X p Photo 4: Block 400 Indian Canyon Drive. Abandoned retail use. �'''-i •`ire 3 z *��- k ��,� �: W11 'Y Photo 5: Block 400 Indian Canyon Road. Adjacent retail building abandoned. 6 R 0 R I ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY OF THE APRIL 21,2004 CITY OF PALM SPRINGS TAHQUITZ-ANDREAS EMINENT DOMAIN AMENDMENT -10- REPORT TO THE CITY COUNCIL i I , _ v - Photo 6: Vacant commercial building located at 330 E. Amado Road between Calle Encilia and Indian Canyon Dr. .x iiiijil IN Photo 7: Located at the corner of Saturnine Rd and Calle El Segundo. Property is abandoned and has fallen victim to graffiti. C A k ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY OF THE APRIL 21,2004 CITY OF PALM SPRINGS TAHQUITZ-ANDREAS EMINENT DOMAIN AMENDMENT -17- REPORT TO THE CITY COUNCIL Y Cv# m 4 Photo 8: Vacant, boarded up commercial building in Tahquitz-Andreas Area. CIO�� IA t •1�t ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY OF THE APRIL 21,2004 CITY OF PALM SPRINGS TAHQUITZ-ANDREAS EMINENT DOMAIN AMENDMENT -12- REPORT TO THE CITY COUNCIL F3 Five-Year Implementation Plan On October 24, 2001, the Agency adopted Resolution No. 1153 approving its Five Year Implementation Plan for the Project ("Implementation Plan"). The Implementation Plan contains specific goals and objectives for the Tahquitz- Andreas Area, the specific projects and expenditures proposed to be made during the five-year planning period, and an explanation of how these goals, objectives, and expenditures will eliminate blight within the Tahquitz-Andreas Area. The Implementation Plan is not affected by this Amendment, and is incorporated herein by reference. ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY OF THE APRIL 21,2004 CITY OF PALM SPRINGS TAHQUITZ-ANDREAS EMINENT DOMAIN AMENDMENT -13- REPORT TO THE CITY COUNCIL He Why the Elimination of Blight and Redevelopment Cannot Be Accomplished by Private Enterprise Acting Alone or by the City's Use of Financing Alternatives Other Than Tax Increment Section 33352(d) of the Law requires an explanation of why the elimination of blight in the Tahquitz-Andreas Area cannot be accomplished by private enterprise alone, or by the City's use of financing alternatives other than tax increment financing. This information was previously provided in the Original Report and supporting documentation prepared and provided at the time of the adoption of the Original Plan. The proposed Amendment will not make any changes that would affect the validity of the previously prepared documentation. (0 A A ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY OF THE APRIL 21,2004 CITY OF PALM SPRINGS TAHQUITZ-ANDREAS EMINENT DOMAIN AMENDMENT -14- REPORT TO THE CITY COUNCIL iri The Method of Financing Section 33352(e)of the Law requires inclusion of a proposed method of financing the Project. This documentation was provided in the Original Report, incorporated herein by reference. Because the Amendment will not alter the Tahquitz-Andreas Area boundaries or affect the base year value of the Tahquitz- Andreas Area, the Amendment will not change the method of financing the Project. ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY OF THE APRIL 21,2004 CITY OF PALM SPRINGS TAHQUITZ-ANDREAS EMINENT DOMAIN AMENDMENT -15- REPORT TO THE CITY COUNCIL F] The Relocation Plan This Section sets forth the general policies for the administration of the relocation program and the provision of services and benefits to displaced families, individuals, businesses, and community institutions. This document should be considered as only a general plan. As recommended in an October 1982 State Department of Housing and Community Development study entitled "A Study of Relocation and Housing Development in California Redevelopment Agencies," a comprehensive and detailed plan need not be developed until relocation is imminent. At that time, a more specific analysis will be prepared, pursuant to Title 25, Section 6038 of the California Administrative Code.The Amendment does not alter the Agency's existing method of relocation. Statutory Requirements Section 33352(f)of the Law requires that this Report contain: A method or plan for the relocation of families and persons to be temporarily or permanently displaced from housing facilities in the Tahquitz Andreas Area, which method or plan shall include the provision required by Section 33411.1 that no persons or families of low or moderate income shall be displaced unless and until there is a suitable housing unit available and ready for occupancy by the displaced person or family at rents comparable to those at the time of their displacement. Analysis It should be noted at the outset that the amended and restated Plan does not contemplate the imminent relocation of any households or businesses to accomplish its goals. Furthermore, relocation will only be used if it is reasonably necessary to redevelop a property. The Agency would not commence any relocation until it has firm commitments from public funding sources or competent developers that the desired redevelopment of the area will take place in a timely manner and with the least disruption to existing homes and businesses reasonably necessary. The Agency has established a method and plan for relocation of families and persons to be displaced in connection with any Agency project. The adopted Agency relocation policy complies with Section 33367(d)(7) of the Law, requiring that redevelopment agencies have a feasible relocation method or plan if the (Afk k \ 4 )3 ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY OF THE APRIL 21,2004 CITY OF PALM SPRINGS TAHQUITZ-ANDREAS EMINENT DOMAIN AMENDMENT -16- REPORT TO THE CITY COUNCIL Agency's plans for redevelopment are to result in the displacement of any occupants of housing or businesses in the Tahquitz-Andreas Area. If relocation becomes necessary, specific relocation plans containing detailed household and housing availability surveys, will be prepared at the initiation of each particular land assembly or development project to ensure that such conditions prevail at that time as well. Projects involving relocation will be authorized by the Agency only if the specific relocation can ensure the availability of sufficient suitable and affordable housing to meet the specific relocation needs created by the land assembly project. In summary, it is reasonable to conclude that at the time of adoption of the amended and restated Plan, the Agency will have a feasible method of meeting the maximum foreseeable location needs that may result from implementation of the Merged Plan. Relocation Policies And Procedures In order to implement the California Relocation Assistance Act in the Tahquitz- Andreas Area, the Agency has adopted for local use the relocation guidelines issued by the State of California, Department of Housing and Community Development, pursuant to Government Code Section 7260 et seq. and Health and Safety Code Section 50460. These relocation guidelines are set forth in the California Administrative Code, Title 25, Chapter 6. Subchapter 1 (Section 6000 et seg.), and are incorporated fully herein by this reference. Relocation of displaced persons, families, and businesses within the Tahquitz-Andreas Area will be accomplished in full compliance with the State guidelines as they currently exist or as they may be amended from time to time. It is the policy of the City Council and the Agency that: 1. Redevelopment activities will be carried out in a manner which minimizes relocation and hardship. 2. No persons or families of low- and moderate-income shall be displaced unless and until there is a suitable housing unit available and ready for occupancy by such persons that is safe, decent and sanitary and available at comparable rents. 3. All displaced families and individuals will be afforded the opportunity to live in a decent, safe and sanitary dwelling without overcrowding. 4. The cost of such housing shall be reasonable relative to family income. 5. There will be no discrimination based upon race, color, creed, religion, sex, sexual orientation, marital status, national origin or ancestry in relocation activities. utp% k k WI; ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY OF THE APRIL 21,2004 CITY OF PALM SPRINGS TAHOUITZ-ANDREAS EMINENT DOMAIN AMENDMENT -17- REPORT TO THE CITY COUNCIL 6. Displaced households will be offered the opportunity to occupy housing that is reasonably accessible to their places of employment, public transportation, shopping and public facilities. 7. Business concerns and nonprofit organizations to be displaced will be provided assistance to aid in their satisfactory re-establishment with a minimum of delay and loss of earnings. 8. Each eligible person and business will be provided information on availability and prices of comparable sales and rental housing and commercial properties. When necessary, counseling and referral service will be provided. Rules and regulations detailing procedures for providing services and making payments will be made in accordance with the above-mentioned guidelines and applicable state law. Methods For Assuring Availability Of Relocation Housing The Agency will work with local housing authorities and nonprofit sponsors of other subsidized housing to assist eligible persons in applying for priority placement in affordable housing within the City. The following sections provide an assessment of relocation needs and resources at the time of plan adoption, providing the Agency and the City Council with a basis for determining whether plan implementation will require relocation, and whether even minimum relocation is feasible. If, during the course of program implementation, it is determined that adequate relocation housing is not available and cannot otherwise be made available, the Agency shall take action to develop such housing in accordance with State guidelines. Relocation Payments Relocation payments will be made to all eligible displaced persons, businesses and nonprofit organizations pursuant to Section 7260 et sue. of the Government Code. A At ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY OF THE APRIL 21,2004 CITY OF PALM SPRINGS TAHQUITZ•ANDREAS EMINENT DOMAIN AMENDMENT -18- REPORT TO THE CITY COUNCIL In Analysis of the Preliminary Plan Section 33352(g) of the Law requires the inclusion of an analysis of the Preliminary Plan. This information was provided in the Original Report prepared at the time the original Plan was adopted. The proposed Amendment does not alter the analysis of the Preliminary Plan contained in the Original Report. CAR R 0 )u ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY OF THE APRIL 21,2004 CITY OF PALM SPRINGS TAHQUITZ-ANDREAS EMINENT DOMAIN AMENDMENT -19- REPORT TO THE CITY COUNCIL ropi Report and Recommendation of the Planning Commission Because the proposed Amendment does not alter land use provisions in the Plan, and merely reestablishes the preexisting authority to use eminent domain in the Tahquitz-Andreas Area, the report and recommendation of the City of Palm Springs Planning Commission was not required for this Amendment. The original report and recommendation of the Planning Commission on the original constituent redevelopment plans is included in the Original Report, incorporated herein by reference. U\ I�a� ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY OF THE APRIL 21,2004 CITY OF PALM SPRINGS TAHQUITZ-ANDREAS EMINENT DOMAIN AMENDMENT -20- REPORT TO THE CITY COUNCIL Report of the Project Area Committee The City Council called for the formation of a Project Area Committee ("PAC")for the Tahquitz-Andreas Area to evaluate the appropriate scope of eminent domain authority and specifically whether residential property should be subject to eminent domain by the Amendment. On July 24, 2002, the City Council adopted a Procedure for Formation and Election of a Tahquitz-Andreas Area Committee, and a PAC election took place on August 19, 2003. The seven seat PAC consists of one residential owner occupant seat, three residential tenant seats, two business owner seats, and one representative of an existing community organization. Six of the seven seats were filled through the August 19, 2003 election and subsequent PAC appointments to fill vacancies. One PAC member resigned effective February 3, 2004 due to a change in residency. The PAC has conducted a total of four(4) meetings between December 1, 2003 and February 9, 2004, during which time Agency staff and consultants presented various elements of the Amendment, described owner participation, relocation, property acquisition processes, and reviewed redevelopment goals and potential projects. On February 9, 2004, the PAC adopted the attached resolution recommending that the City Council and Agency adopt the Amendment to re-establish eminent domain excluding residential properties as described in the proposed Amendment. Copies of all PAC meeting minutes and their report and recommendation follow this page. ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY OF THE APRIL 21,2004 CITY OF PALM SPRINGS TAHQUITZ-ANDREAS EMINENT DOMAIN AMENDMENT -21- REPORT TO THE CITY COUNCIL RESOLUTION NO. 7 OF THE PROJECT AREA COMMITTEE FOR THE TAHQUITZ-ANDREAS CONSTITUENT AREA OF MERGED REDEVELOPMENT PROJECT NO. 2 MAKING ITS REPORT AND RECOMMENDATION ON THE PROPOSED AMENDMENT TO THE REDEVELOPMENT PLAN FOR MERGED REDEVELOPMENT PROJECT NO. 2 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 Redevelopment Plan for Merged Redevelopment Project No. 2 to reestablish eminent domain on certain property within the Tahquitz-Andreas Constituent Area of Merged Redevelopment Project No. 2 ("Amendment"); and WHEREAS, pursuant to Section 33385.3(a)(2) of the California Community Redevelopment Law, Health and Safety Code Section 33000 et sea. ("Law"), a Project Area Committee for, and applicable to, the Tahquitz-Andreas Constituent Area ("Tahquitz-Andreas Constituent Area PAC")was duly formed and is in existence; and WHEREAS, Section 33385.5 of the Law provides that before the proposed Amendment is submitted to the City Council for consideration, it shall be first submitted to the Tahquitz- Andreas Constituent Area PAC for its report and recommendation; and, WHEREAS, the Tahquitz-Andreas Constituent Area PAC has received and reviewed the Amendment in the form attached hereto as Exhibit"A". NOW, THEREFORE, BE IT RESOLVED that the Tahquitz-Andreas Constituent Area Project Area Committee hereby: 1. Reports, finds, and determines that it has reviewed the Amendment to the Redevelopment Plan for Merged Redevelopment Project No. 2; 2. Recommends that the City Council and Agency adopt the Amendment to the Redevelopment Plan for Merged Redevelopment Project No. 2; and 3. Finds and determines that this Resolution constitutes the Tahquitz-Andreas Constituent Area Project Area Committee's report and recommendation on the Amendment pursuant to Section 33385.5 of the Law. Adopted this 9l"day of February, 2004 AYES: Members Flanders, Galich, McCormick, Meredith and Pitts (Chairman) NOES:None Ta quit7,%Ayd;@as.QQonstituent Area Project Area Committee City of m prings CA Cc man Attest: Secretary 14� rA \aVfto EXHIBIT "A" AMENDMENT TO THE REDEVELOPMENT PLAN FOR MERGED REDEVELOPMENT PROJECT NO. 2 (Tahquitz-Andreas Eminent Domain Extension) [SEE FOLLOWING PAGES] AMENDMENT TO THE REDEVELOPMENT PLAN FOR MERGED REDEVELOPMENT PROJECT NO. 2 (TAHQUITZ-ANDREAS EMINENT DOMAIN EXTENSION) The Amended and Restated Redevelopment Plan for Merged Redevelopment Project No. 2, previously amended on February 19, 2003 by Ordinance 1624 ("Plan"), is hereby further amended as follows: Section 502 and 503 of the Plan are hereby amended to read as follows: (502) Property Acquisition 1. (503) Acquisition of Real Property The Agency may acquire real property by any means authorized by law, including by purchase, lease, obtain option upon, acquire by gift, grant, bequest, devise, exchange, cooperative negotiations, or eminent domain subject to the T4ie-following limitations: shall apply to the Agency's the Project Area: u a. Eminent domain may be used to acquire any real property in the Baristo-Farrell and Canyon Constituent Areas, except for properties legally devoted to a residential use. A parcel is devoted to a residential use if a residential structure has been legally constructed on such parcel, and such structure continues to be legally occupiable for a Residence. Except as otherwise provided by law, no eminent domain proceeding to acquire property within the Baristo-Farrell and Canyon Constituent Areas shall be commenced after February 19, 2015 (twelve (12) years following the date of adoption of this amended and restated Plan by Ordinance No. 1624). b. Eminent domain may not be used to aeqUiFe any real property ;n the Tahquitz Andreas Constituent ArL-aEminent domain may be used to acquire any real property in the Tahquitz Andreas Constituent Area, except for properties legally devoted to a residential use. A parcel is devoted to a residential use if a residential structure has been legally constructed on such parcel, and such structure continues to be legally occupiable for a Residence. Except as otherwise Provided by law, no eminent domain proceeding to acquire Property within the Tahquitz Andreas Constituent Area shall be commenced after 2016 (twelve (12) years following the date of adoption of the amendment to this amended and restated Plan by Ordinance No. c. The power of eminent domain may not be used to acquire any parcels or interests in lands held in Trust by the United States for any individual Indian or for the Aqua Caliente Band itself. However, the power of eminent domain may be used to acquire a leasehold or other interest from the lessee or holder (but not the fee interest of the allottee) which is on land held in Trust by the United States, but only with the written consent of the Tribal Council of the Agua Caliente Band. d. Eminent domain may not be used to acquire property owned by a public body without the consent of that public body. e. To the extent required by law, the Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner, unless: (1) such building requires structural alteration, improvement, modernization or rehabilitation; or (2) the site or lot on which the building is situated requires modification in size, shape or use; or (3) it is necessary to impose upon such property any of the standards, restrictions and controls of this Plan and the owner fails or refuses to participate in the Plan pursuant to Sections 506 through 509 of this Plan and applicable provisions of the Redevelopment Law. f. Except as otherwise provided by law, no eminent domain preoeeding to acquire property within the PFejeet Area shall be n ood after twelve (12) yeaFs following tho�dat adoption of this amended and restated Plan by Ordinance No 1624) Sueh time I'm'dndio , be n.dnndod only. by i amendment of this Plan �'Vp 394/021248-0002 428446 02-04/09/04e02/94J04 -2- i TAHQUITZ-ANDREAS PROJECT AREA COMMITTEE MEETING MINUTES MONDAY, DECEMBER 1, 2003 Minutes approved by the Project Area Committee on January 5, 2004. The First Meeting of the Tahquitz-Andreas Project Area Committee was called to order by Curt Watts, Redevelopment Administrator, in the Large Conference Room of Palm Springs City Hall, 3200 Tahquitz Canyon Way, on Monday, December 1, 2003 at approximately 1:15 P.M. ROLL CALL: Present: Committee Members Keith McCormick and Larry Pitts. Absent: None. REPORT OF POSTING OF AGENDA: Redevelopment Administrator Curt Watts reported that the agenda was posted in accordance with City procedures on November 26, 2003. ELECTION OF ADDITIONAL PROJECT AREA COMMITTEE MEMBERS: Mr. Watts explained that because the election process did not fill five of the seven seats of the Project Area Committee, the PAC had the discretion under the Procedure for Formation of a Project Area Committee to appoint members to fill the vacancies. Mr. Watts explained staff's additional outreach to solicit interest for the committee and received one application for the Community Organization seat,three applications forthe Residential Tenant seat(though one of these applications was subsequently withdrawn bythe applicant), and no applications for the Residential Owner Occupant seat. After review of the applications, the PAC appointed Joy Meredith to fill the vacant Community Organization seat, and Carla Flanders and Pamella Mann to fill two of the three vacant Residential Tenant seats on the Committee. Mr. Pitts asked whether the composition of the PAC could be altered to permit business owners or community organization representatives to fill the vacancies. Staff responded that altering the Formation Procedure would require City Council action and that additional applications from persons eligible for the vacant seats may be forthcoming. Staff indicated that while applications for the two remaining vacant seats (Residential Tenant and Residential Owner Occupant)will be accepted, the PAC is authorized under the Procedure for Formation of the Project Area Committee to proceed with consideration of the Plan Amendment despite the vacancies. PUBLIC COMMENTS: None. ELECTION OF CHAIR/VICE CHAIR: Larry Pitts was elected to serve as Chair and Keith McCormick was elected to serve as Vice Chair of the Project Area Committee. Chair Larry Pitts presided over the remainder of the meeting. COM V:� 1 .33 COMMITTEE MEMBER ORIENTATION: Jim Simon of Rosenow Spevacek Group, Inc. distributed to all Committee members an informational notebook containing background materials on the purpose and functions of the Project Area Committee. Copies of the slide presentation materials included in the notebook were distributed to the audience members and reviewed by Mr. Simon. Questions asked by members of the Committee and other attendees were addressed by Mr. Simon, Redevelopment Administrator Curt Watts, and Community and Economic Development Director John Raymond. Mr. Simon outlined the general topics to be covered in future meetings which will include a more in-depth review of eminent domain authority, owner participation in redevelopment projects, relocation policies and procedures, and the draft plan amendment. Committee Chair Larry Pitts asked that information also be included on the potential use of eminent domain to acquire property interests held by the Tribe or Tribal members. [Special Note: A copy of the informational notebook will be maintained by Curt Watts for future review by any other interested parties.] FUTURE MEETING SCHEDULE: The Committee selected Monday, January 5, 2004 at 1:00 p.m. as its next meeting time. At the request of the Chair, the PAC requested that the posted agendas for future PAC meetings indicate a 3:00 pm scheduled adjournment. ADJOURNMENT: There being no further business, the Chair declared the meeting adjourned. CURT WATTS Redevelopment Administrator TAHQUITZ-ANDREAS PROJECT AREA COMMITTEE MEETING MINUTES MONDAY, JANUARY 5, 2004 Minutes approved by the Proiect Area Committee on February 2, 2004 CALL TO ORDER: The Second Meeting of the Tahquitz-Andreas Project Area Committee ("PAC') was called to order by Larry Pitts, Chairperson, in the Large Conference Room of Palm Springs City Hall, 3200 Tahquitz Canyon Way, on Monday, January 5, 2004 at 1:00 p.m. ROLL CALL: Present: Committee Members Pamella Mann, Keith McCormick, Joy Meredith, and Larry Pitts. Absent: Committee Member Carla Flanders. REPORT OF POSTING OF AGENDA: Redevelopment Administrator Curt Watts reported that the agenda was posted in accordance with City procedures on January 2, 2004. APPROVAL OF MEETING MINUTES: Upon motion made by Keith McCormick and seconded by Pamella Mann, the minutes of the December 1, 2003 PAC meeting were approved as submitted. APPOINTMENT OF ADDITIONAL PROJECT AREA COMMITTEE MEMBERS: Mr.Watts distributed a copy of the application from Marguerite Galich to serve as the Residential Owner-Occupant representative on the Committee. After review of the application, and upon motion made by Keith McCormick and seconded by Joy Meredith, the PAC appointed Marguerite Galich to fill the vacant Residential Owner-Occupant seat on the Committee. PUBLIC COMMENTS: None. DISCUSSION ON EMINENT DOMAIN AUTHORITY, OWNER PARTICIPATION PROCESS AND RELOCATION BENEFITS AND ASSISTANCE: Jim Simon of Rosenow Spevacek Group, Inc.distributed to all Committee and audience members an informational hand-out describing the owner participation process, property acquisition process and relocation benefits and assistance for businesses and residents, as they relate to Agency-sponsored redevelopment projects. A copy of the proposed Plan Amendment, which would reinstate eminent domain authority within the Tahquitz-Andreas Area, was also distributed. Mr. Simon reviewed the contents of the handouts with those in attendance and questions asked by Committee and audience members were addressed by Mr. Simon, Redevelopment Administrator Curt Watts, and Community and Economic Development Director John Raymond. The questions included: What acquisition powers were in place previously for the Tahquitz- Andreas area? Since the formation of the Tahquitz-Andreas project area in 1983,the Redevelopment Agency has been able to acquire properties through negotiated purchase and, for the first twelve years of the project area (1983-1995) the Agency had the power to acquire both residential and commercial properties (including leasehold interests) through eminent domain. Properties owned by the Tribe and the fee interest of properties owned by individual allottees were exempt from eminent domain authority. [Post-Meeting Note: In addition, eminent domain could not be used to acquire leases on land owned by individual Indian allottees without the permission of the individual allottee and the Bureau of Indian Affairs.] - What is the typical time period from the initial start of property acquisition negotiations until completion of an eminent domain taking? While the time period can vary considerably, a typical time frame would be about one year. The condemnation case basically comes down to the value of the property interest being taken and the Agency's "right to take' the property(i.e. were the proper procedures followed?). Does the Agency have to offer the appraised value for a negotiated purchase or eminent domain taking? The Agency must offer, at a minimum, the appraised value of the property based upon an independent third party appraisal of the property's fair market value. How do the owner participation and proposed eminent domain processes work when the property owner is the Tribe or an Indian allottee? The owner participation process as described in the handout is the same whether or not the Tribe, an Indian allottee or another party is the owner of the property or leasehold interest. Under the proposed eminent domain authority, the fee ownership of properties held by the Tribe or Indian allottees cannot be acquired through eminent domain. Leasehold interests on allottee or non-Indian property could be acquired through eminent domain provided the Tribal Council concurs with the action relative to an allottee's property. It was suggested that a map of the Tahquitz-Andreas area be presented at the next PAC meeting showing the various Tribal and allottee ownerships along with a designation of residential versus commercial developments on the various parcels. How long do any payments for goodwill loss continue after a business is relocated? Mr. Simon will research this question and respond at the next PAC meeting. Is it typical for other cities to include the condemnation of leasehold interests in their eminent domain authority? This is typical under the eminent domain authority for redevelopment agencies; however, most cities would not have Indian allottee lands as the underlying ownership interest. How would the appraisal and relocation benefits be determined for single- family homes, similar to those on Calle Santa Rosa and Calle El Segundo, given that there are no other comparable properties in the U A 06 immediate vicinity of those properties? The appraiser and relocation consultant, acting within the parameters of the state guidelines governing these procedures, would look for properties that are the most similar within the closest proximity of the subject properties and then make appropriate adjustments to the calculations to compensate for differences in the various property features. Audience member Bill Schmidt commented that the City should considerthe potential financial impact of residential relocation on persons of fixed incomes (for example, seniors). In response to comments by audience member Norm Berman regarding the jurisdiction of the PAC, it was stated that California Redevelopment Law requires the formation of a PAC whenever a substantial number of low- income persons reside in the project area. [Post-Meeting Note: The exact wording of the Law is if "a substantial number of low-income or moderate- income persons, or both, reside within the project area, and the redevelopment plan as adopted will contain authority for the agency to acquire, by eminent domain, property on which any persons reside"]. Since there is no formal definition of what constitutes a"substantial number of such persons under this requirement, the prudent action by the Agency is to form a PAC to insure compliance with this requirement during the amendment process. In addition, formation of a PAC allows for additional community input priorto the Agency Board's official action on the proposed amendment. FUTURE MEETING SCHEDULE: The Committee selected Monday, February 2 and Monday, February 16 at 1:00 p.m. for its next two meeting times. [Post- Meeting Note: Since City Hall will be closed on Monday, February 16 in observance of Presidents'Day, Committee members are asked to reserve Monday, February 9 as an alternate second meeting date]. ADJOURNMENT: Pamella Mann stated that today is the sixth anniversary of the death of former Palm Springs Mayor Sonny Bono. At her request the PAC observed a moment of silence in his memory. There being no further business, the Chair declared the meeting adjourned at approximately 3:00 p.m. CURT WATTS Redevelopment Administrator CW f�IA IR 1 •51 TAHQUITZ-ANDREAS PROJECT AREA COMMITTEE MEETING MINUTES MONDAY, FEBRUARY 2, 2004 Minutes approved by the Project Area Committee on February 9, 2004. CALL TO ORDER: The Third Meeting of the Tahquitz-Andreas Project Area Committee ("PAC") was called to order by Larry Pitts, Chairperson, in the Large Conference Room of Palm Springs City Hall, 3200 Tahquitz Canyon Way, on Monday, February 2, 2004 at 1:00 p.m. ROLL CALL: Present: Committee Members Carla Flanders, Marguerite Galich, Pamella Mann, Keith McCormick, Joy Meredith, and Larry Pitts. Absent: None. Redevelopment Administrator Curt Watts reported that Pamella Mann has notified him that she will be moving from her current residence within the next few days and therefore will no longer be eligible to serve on the Project Area Committee. She plans to continue to attend future meetings as an interested member of the public. REPORT OF POSTING OF AGENDA: Redevelopment Administrator Curt Watts reported that the agenda for today's meeting was posted in accordance with City procedures on January 26, 2004. APPROVAL OF MEETING MINUTES: Upon motion made by Keith McCormick and seconded by Joy Meredith, the minutes of the January 5, 2004 PAC meeting were approved as submitted. PUBLIC COMMENTS: Audience member Norm Berman asked several questions of the Committee regarding the Section 14 Master Plan proposed by the Tribe including whether or not the Committee members had read the Plan. Larry Pitts and Joy Meredith indicated that they had read and/or heard presentations on the Plan at some point during the last few years but could not confirm whether or not the proposed plan had been revised since that time. Curt Watts stated that he had read the current plan and that members of the City's and Tribal Planning staffs had been invited to attend the latter half of today's meeting to address questions about the proposed Section 14 Master Plan. Mr. Berman also stated that he had previously asked, relative to the proposed Tahquitz-Andreas eminent domain amendment, if there were specific projects planned for the Tahquitz-Andreas area and if there was any plan that would use eminent domain and was told "no". Mr. Watts stated that the Section 14 Plan is a land use "road map" for potential future projects but neither proposes specific projects at this time for development nor does it propose the use of eminent domain to accomplish any future projects. It was suggested that any additional questions on the Section 14 (0 A Y� \ 0 S Master Plan be deferred until the planning staff members are in attendance to address them. PROPOSED AMENDMENT TO REINSTATE EMINENT DOMAIN AUTHORITY IN TAHQUITZ-ANDREAS AREA: Curt Watts distributed to Committee and audience members a color-coded map, which illustrates the various types of property ownerships in the Tahquitz-Andreas Area (i.e.Tribal, Indian allottee and fee ownerships). The map also indicates properties that are leased and/or contain residential uses. Mr. Watts made a presentation to the Committee clarifying these various ownership types and identifying many of the individual properties by the current development or tenant, which was situated thereon (i.e. various hotel properties, condominium and apartment complexes, etc.) Jim Simon of Rosenow Spevacek Group, Inc. described the currently proposed amendment to reestablish eminent domain authority for the Tahquitz-Andreas Area after which the Chair opened the item for general discussion by the Committee and questions by the members of the general public in the audience. Questions and topics covered included: - The Tribe itself would not have eminent domain (i.e. condemnation) authority under this proposed Amendment. Only the Redevelopment Agency would have the authority to use condemnation for redevelopment purposes in the Tahquitz-Andreas area. Eminent domain would be one method by which the City's Redevelopment Agency could acquire property in the area, and it would require a 4/5 vote of approval by the City Council acting as the Agency, payment of the fair market value of the property, among other procedural requirements covered at the January 5 PAC meeting. - The Tribe would have to approve the Agency's use of eminent domain to acquire the leasehold interest of any property held by the Tribe or an Indian allottee. - The previous eminent domain authority for the Tahquitz-Andreas Area was in effect from 1983 to 1995 and covered both residential and non- residential properties. If reestablished, the time frame would be for twelve years from the approval date of the amendment. - If the eminent domain amendment is not approved, there would be no eminent domain authority forthe Redevelopment Agency in the Tahquitz- Andreas Area; there would be no impact on zoning or allowable land uses under either alternative. - Residential properties were exempted from the eminent domain authority when it was reestablished in the other nine original project areas last year, primarily for two reasons: either 1) the area had few or no residential properties within the project boundaries; and/or 2) it was determined that the possible use of eminent domain authority to acquire a residential property in the area was too remote to warrant its inclusion. The use of eminent domain would require a Resolution of Necessity as determined by the City Council. To determine why an individual property may have been included or excluded in a specific redevelopment project area would require researching the discussions held at the time the individual project area was established (in the case of the Tahquitz-Andreas Area, this was in 1983). The use of eminent domain authority to acquire a residential property does not require a "higher test" than non-residential property. The definition of what constitutes a "public good" to warrant the use of eminent domain may need to be discussed in greater detail for the benefit of the Committee. The appraisal method for determining the value of a leasehold interest can be fairly complex and would be dependent upon a variety of factors as determined by the independent appraiser(e.g. length of the remaining lease term, square footage of the space, etc.). Jing Yeo of the City's Planning Department and Tom Davis,the Tribe's Chief Planning Officer, provided a brief description of the history of the proposed Section 14 Master Plan, its goals and primary elements. Joy Meredith stated that part of the public concern on Section 14 relates to a concern that residential properties might be bulldozed to allow for new projects. Since the Plan appears not to change those areas that are devoted to residential use, maybe the exclusion of residential properties from eminent domain in this amendment process for Tahquitz-Andreas would help alleviate that concern. The clarification was made that the City's current General Plan also allows for the 100-foot height limit that is proposed in the Section 14 Master Plan. Larry Pitts asked what disadvantages there would be to excluding residential uses from the eminent domain amendment. Tom Davis indicated that their primary concern would be that the Tahquitz-Andreas Area not be placed at a disadvantage from the other project areas relative to eminent domain authority. He could not speak for the Tribal Council, however, in this regard and they may ask for the justification for excluding residential properties. In any case, Mr. Davis indicated that they would want to avoid the use of eminent domain for property acquisition whenever possible. Mr. Pitts inquired as to what the disadvantages would be to postpone the reinstatement of eminent domain authority until a specific project need was identified. The general response was that it in addition to the time delay that it would cause for a project, it might discourage a developer from even beginning the development process given the uncertainty as to whether or W not eminent domain authority would be available, if ultimately needed, to acquire the necessary land parcels for a project. The combination of these two factors might result in the developer simply "skipping" over the area to look at other opportunities elsewhere that might be more likely to happen. Audience member Jerry Ogburn,the City's Downtown Development Director, stated that the exclusion of residential properties might make it difficult to accomplish an upgrade of rental properties and/orthe expansion or adaptive re-use of such properties with adjacent vacant parcels. Again, developers may simply 'pass' on the possibility given the uncertainty as to whether or not eminent domain authority would be available to be used a tool of "last recourse' to make the project possible. The Committee may want to look at the possibility of"focusing"the eminent domain authority to coverjust certain areas or property types/uses within the Tahquitz-Andreas Area. Curt Watts stated that a few additional:points should be considered as the Committee members contemplate their discussion at the next meeting regarding the reestablishment of eminent domain authority, including: - The definition of a residential property within the Redevelopment Plan is a "property legally devoted to a residential use which means that a residential structure has been legally constructed on the parcel and such structure continues to be legally occupiable for a Residence". This would exclude vacant lots, hotels and time-share units from the definition of a residential property. - Any proposed use of eminent domain would require approval of the City Council acting as the Redevelopment Agency, therefore, waiting to reinstate eminent domain authority until a specific project is identified would be redundant as the Council would have to first vote to reestablish the authority to cover that specific project and then vote again to authorize its use on that specific project. - If residential properties were exempted from the eminent domain authority and then a specific project were to arise in which the vast majority of residential property owners wanted to sell their properties to a developer for a project, and there were one or two"hold-outs"who did not want to sell, it would be possible that the entire project would be abandoned since there was no eminent domain authority available to "force" the sale for a market-rate price. - The City is often called upon by its citizens to "do something" about downtrodden properties. Without eminent domain authority,there is one less tool available to the City to address problem properties. FUTURE MEETING SCHEDULE: The Committee selected Monday, February 9 at 10:00 a.m. for its next meeting time. u� Y 1 0 k ADJOURNMENT: There being no further business, the Chair declared the meeting adjourned at approximately 3:00 p.m. CURT WATTS Redevelopment Administrator Y�P� fk ` 0 TAHQUITZ-ANDREAS PROJECT AREA COMMITTEE DRAFT MEETING MINUTES MONDAY, FEBRUARY 9, 2004 The following Draft Meeting Minutes reflect the author's recollection of the proceedings. Any additions, deletions or corrections should be forwarded to Curt Watts by: E-Mail: CurtW@ci.palm-springs.ca.us Phone/Fax: (760)323-8260/(760) 322-8325 Mail: Redevelopment Administrator Palm Springs City Hall 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 CALL TO ORDER: The Fourth Meeting of the Tahquitz-Andreas Project Area Committee ("PAC") was called to order by Larry Pitts, Chairperson, in the Large Conference Room of Palm Springs City Hall, 3200 Tahquitz Canyon Way, on Monday, February 9, 2004 at 10:00 a.m. ROLL CALL: Present: Committee Members Carla Flanders, Marguerite Galich, Keith McCormick, Joy Meredith, and Larry Pitts. Absent: None. REPORT OF POSTING OF AGENDA: Redevelopment Administrator Curt Watts reported that the agenda for today's meeting was posted in accordance with City procedures on February 4, 2004. APPROVAL OF MEETING MINUTES: Upon motion made by Keith McCormick and seconded by Joy Meredith, the minutes of the February 2, 2004 PAC meeting were approved as submitted. PUBLIC COMMENTS: Chairperson Larry Pitts stated that following initial Public Comments, the Committee would proceed to its discussion of the proposed Amendment to reinstate eminent domain authority in the Tahquitz-Andreas Area. Following that discussion, there would be an additional opportunity for public comment prior to any action by the Committee. Audience member Pamella Mann stated that she would like to see the Amendment approved but only with residential properties being excluded from eminent domain authority. Audience member Norm Berman stated that he also felt it would be OK to pass the Amendment provided residential properties were excluded. COMMITTEE DISCUSSION OF PROPOSED AMENDMENT TO REINSTATE EMINENT DOMAIN AUTHORITY IN TAHQUITZ-ANDREAS AREA: Curt Watts clarified that while the proposed Amendment includes some minor editing to correct awkward wording in the existing Plan regarding Acquisition of Real Property, the only substantive issue at hand is the potential inclusion of eminent domain authority for the Tahquitz-Andreas Constituent Area as shown in Section "b"of the Amendment. Jim Simon of Rosenow Spevacek L N N \1P 06 Group, Inc. stated that he had toured the Tahquitz-Andreas Area recently and noted several residential properties that might be future candidates for potential redevelopment; the inclusion of residential properties in the eminent domain authority might facilitate such future projects and should be considered by the Committee in its deliberations. The Committee discussed the various advantages and disadvantages of including or excluding residential properties from eminent domain authority. Several members expressed the opinion that residential properties should be excluded unless there is a specific project under consideration for which it might be needed. The point was also raised that the Agua Caliente Tribe, which is a significant property owner within the Tahquitz-Andreas Area, is primarily concerned that this area not be placed in a competitive disadvantage relative to other redevelopment areas in terms of eminent domain authority. The other areas include eminent domain authority but exclude residential properties. In response to questions related to what City staffs recommendation would be, John Raymond, Community & Economic Development Director, stated that it is always preferable to have the additional authority (i.e. including residential properties) should a situation arise in which it is deemed necessary to acquire certain properties for redevelopment, especially those which may be in significant disrepair. Jim Simon stated that, as discussed in previous meetings, including residential properties would provide additional options to the Redevelopment Agency but would also carrywith it significant requirements relative to relocation of any displaced persons or businesses. The Committee discussed additional alternatives (including the possibility of excluding some, but not all, residential properties) but concern was also expressed about a potential "patch quilt" approach given that there are no specific projects under consideration at this time that would involve specific properties. Larry Pitts commented that since the PAC would remain in existence for 3 years, the Committee could always reconvene if a specific project was proposed that might require acquisition of a specific residential property, and they could then consider the question of eminent domain authority for a specific portion of the Tahquitz-Andreas Area. He also stated that he feels that reinstating redevelopment eminent domain authority for non-residential properties is something that's needed, even though it may actually be detrimental to an individual property owner like himself who has numerous property interests in the area. A motion was then made by Joy Meredith and seconded by Marguerite Galich to recommend adoption of the proposed Amendment to reinstate eminent domain authority within the Tahquitz-Andreas Constituent Area provided that residential properties are excluded from this authority (essentially "matching" the existing language for the BBaristo-Farrell and COA • R 1' t Canyon Constituent Areas, with the exception of the start of the 12-yeartime period which would be governed by the adoption date of the Amendment). Chairperson Larry Pitts asked if there were additional comments from the public at this time. Audience member Frank Tysen stated that he was pleased with the tone of the discussion. He also stated that, even though the Amendment doesn't address specific projects or zoning requirements, he wanted to express his concern about the need for residential "buffers" for existing residential uses in Section 14. He would also like to see the currently vacant residential seats on the PAC filled. Audience member Teruka Ishikawa asked how market value would be determined for residential properties like the homes on Calle Santa Rosa given their unique circumstances. John Raymond provided a brief overview of the appraisal process. Upon the conclusion of these additional public comments, Chairperson Larry Pitts called for a roll call vote on the motion to recommend adoption of the proposed Amendment with the additional language to exclude residential properties from the exercise of eminent domain authority. The motion passed unanimously 5-0. (Ayes: PAC members Flanders, Galich, McCormick, Meredith and Chairperson Pitts). FUTURE MEETING SCHEDULE: No future PAC meetings are scheduled at this time. ADJOURNMENT: There being no further business, the Chair declared the meeting adjourned at approximately 11:45 a.m. CURT WATTS Redevelopment Administrator General Plan Conformance Section 333520) of the Law requires a finding of General Plan conformance per Section 65402 of the Government Code. The Amendment only extends the time limit to commence eminent domain, and does not approve any specific development or land assembly project, nor alter any provision of Plan relating to land use policy or other matters involving the General Plan. Consequently, the Amendment does not alter the Planning Commission's and City Council's original findings that the constituent redevelopment plans conform to the City General Plan. 6 ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY OF THE APRIL 21,2004 CITY OF PALM SPRINGS TAHQUITZ-ANDREAS EMINENT DOMAIN AMENDMENT -22- REPORT TO THE CITY COUNCIL Rik Environmental Documentation Section 33352(k)of the Law requires environmental clearance prepared pursuant to Section 21151 of the Public Resources Code. Concurrent with the adoption of the original Plan and the subsequent amendments, the Agency undertook appropriate environmental documentation as necessary; said documentation is incorporated herein by reference. For this Amendment, an Initial Study was prepared pursuant to California Environmental Quality Act guidelines, which found that the proposed Amendment to extend the time limit of the Plan's existing eminent domain authority would not have a significant adverse impact on the environment. As such, a Negative Declaration for the proposed Amendment was completed and made available for review and comment. The 30-day circulation period began on April 1, 2004 and terminates on May 3, 2004. A copy of the Negative Declaration is included as Exhibit 3 to this Report. (1010-k k 4 41 ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY OF THE APRIL 21,2004 CITY OF PALM SPRINGS TAHQUITZ-ANDREAS EMINENT DOMAIN AMENDMENT -23- REPORT TO THE CITY COUNCIL Report of the County Fiscal Officer The proposed Amendment does not alter the Tahquitz-Andreas Area boundaries; therefore, the constituent base year reports for each component area of the Tahquitz-Andreas Area, prepared pursuant to Section 33328 of Redevelopment Law by the County of Riverside Auditor-Controller and State Board of Equalization respectively("Base Year Reports"), do not need to be reformulated. The constituent Base Year Report is included in the Original Report and incorporated herein by reference. ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY OF THE APRIL 21,2004 CITY OF PALM SPRINGS TAHQUITZ-ANDREAS EMINENT DOMAIN AMENDMENT -24- REPORT TO THE CITY COUNCIL 1 / Neighborhood Impact Report Redevelopment Law requires that a Neighborhood Impact Report discuss the impact the Amendment would have on low and moderate income persons or families in the following areas: relocation, traffic circulation, environmental quality, availability of community facilities and services, effect on school population and quality of education, property assessments and taxes, and other matters affecting the physical and social quality of the neighborhood. Additional issues that the neighborhood impact report must address include: the number of low or moderate-income dwelling units to be removed or destroyed; the number of low or moderate income persons or families expected to be displaced; the general location of housing to be rehabilitated, developed or constructed; the number of dwelling units planned for construction or rehabilitation to house persons and families of low or moderate income (other than replacement housing); the projected means of financing the aforementioned dwelling units; and the projected timetable for meeting the Plan's relocation, rehabilitation, and replacement housing objectives. The Amendment would permit the Agency to continue implementation of the redevelopment program authorized in the Plan. This Section describes the implications of the Amendment on Tahquitz-Andreas Area neighborhoods. Relocation The Agency does not have any plans to relocate residents or businesses in the Tahquitz-Andreas Area at this time. If relocation activities are undertaken, the Agency will handle those activities on a case-by-case basis, in accordance with its method of relocation. As a public agency formed under the provisions of state law, the Agency is required to adhere to the State Relocation Law (Government Code Sections 7260 through 7277) and follow the California Relocation Assistance and Real Property Acquisition Guidelines ("State Guidelines') as established in the California Code of Regulations, Title 25, Chapter 6. Prior to commencement of any acquisition activity that may cause substantial displacement of residents, the Agency will adopt a specific relocation plan in conformance with the State Guidelines. To the extent appropriate, the Agency may supplement those provisions provided in the State Guidelines to meet particular relocation needs of a specific project. Such supplemental policies, if adopted in the Agency's sole discretion, will not involve reduction, but instead enhancement of the relocation benefits required by State Law. ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY OF THE APRIL 21,2004 CITY OF PALM SPRINGS TAHQUITZ-ANDREAS EMINENT DOMAIN AMENDMENT -25- REPORT TO THE CITY COUNCIL Traffic Circulation An Initial Study and Negative Declaration were prepared to assess the traffic and other environmental impacts of the Amendment. A copy of the Negative Declaration is contained in Exhibit 3 to this Report. In general, because the Amendment modifies an existing provision in the Plan (specifically to reestablish eminent domain authority on nonresidential property), the Initial Study concluded that the Amendment would result in no significant traffic impacts. The Amendment does not provide for the direct development of any private or public development projects that would generate traffic and impact existing levels of service of any roadways in the Tahquitz-Andreas Area. However, the development of projects would indirectly generate traffic both during and after project construction, impacting existing levels of service on road segments and intersections that serve the Tahquitz-Andreas Area both within and outside its boundaries. The City's General Plan will control the land use designations and intensities of the Plan; its implementation will not create locally or cumulatively significant impacts beyond what is anticipated under the General Plan. It will also not alter or intensify the General Plan's land uses, traffic generation, levels of service, or intersection capacities. Plan implementation will not cause traffic or circulation impacts that were not considered and mitigated in the General Plan Environmental Impact Report. The Agency, via the Plan, will adhere to policies in the circulation element of the General Plan in lessening traffic and circulation impacts. The Plan permits the Agency to construct improvements to improve traffic circulation. These projects will improve circulation, mitigate traffic deficiencies, and provide general benefits to the Tahquitz-Andreas Area consistent with the circulation element of the General Plan. Environmental Quality The Initial Study and Negative Declaration reviewed the impacts of the Amendment, and concluded that the Amendment itself would not result in any significant environmental impacts. The Amendment does not propose any specific development, redevelopment, or land acquisition project. As stated in the Plan, all development must conform to the City's General Plan and other applicable state and local building codes and controls. Because the Amendment does not propose uses or intensities beyond the General Plan, adherence to adopted General Plan policies will ensure that implementation of the Amendment will lessen or avoid potential impacts. This will assure that the quality of the environment is maintained. During implementation of the Plan, specific redevelopment proposals may warrant further specific environmental analysis as required by the California ROSENOW SPEVACEK GROUP,INC COMMUNITY REDEVELOPMENT AGENCY OF THE APRIL 21,2004 CITY OF PALM SPRINGS TAHQUITZ-ANDREAS EMINENT DOMAIN AMENDMENT -26- REPORT TO THE CITY COUNCIL Environmental Quality Act, Public Resources Code Sections 21000, et seq. ("CEQA"). Availability of Community Facilities and Services The Initial Study and Negative Declaration determined that the Plan would not have a significant impact on public facilities including fire protection, police,water, wastewater, storm drain, and solid waste services. The Plan provides that any redevelopment activity is to be subject to, and consistent with, the policies set forth in the City's General Plan, Zoning Ordinance, and local codes and ordinances, as they now exist or are hereafter amended; the General Plan incorporates policies to mitigate impacts on public services and facilities. Implementation of the Plan and its proposed projects are expected to improve the City's existing community facilities and services. The Plan will allow the Agency to utilize tax increment revenues to provide for the upgrading of existing, and construction of new, community facilities, which will be of benefit to the Tahquitz-Andreas Area. Effect on School Population and Quality of Education The Tahquitz-Andreas Area is served by the Palm Springs Unified School District ("District"). The Initial Study and Negative Declaration assessed the direct and cumulative impacts of the Amendment on area schools, and concluded that adoption of the Amendment would not result in any significant impacts. Development fees and/or land set-asides for schools would be sufficient to fund these facilities under Plan implementation. Plan implementation will not result in excess development of that allowed by the Citys General Plan. Therefore, neither the adoption of the Amendment nor implementation of the Plan, will cause the Tahquitz-Andreas Area to generate more students than could occur in connection with development allowed in the General Plan. The City has adopted policies in the General Plan to mitigate impacts of General Plan build out on schools; implementation of the Plan will adhere to the General Plan policies to mitigate impacts on schools. Property Taxes and Assessments The Plan calls for various methods of financing its implementation, none of which are affected by the proposed Amendment. Because redevelopment agencies do not have the constitutional authority to impose taxes, implementation of the Plan will not cause an increase in property tax rates. Rather, the principal method of financing redevelopment will be the utilization of tax increment revenues generated by the Tahquitz-Andreas Area. Tax increment financing reallocates property tax revenues generated by increases in the assessed value of property in the Tahquitz-Andreas Area. Although redevelopment of the Tahquitz-Andreas Area will increase the assessed valuation, Tahquitz-Andreas Area property W k k651 ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY OF THE APRIL 21,2004 CITY OF PALM SPRINGS TAHQUITZ-ANDREAS EMINENT DOMAIN AMENDMENT -27- REPORT TO THE CITY COUNCIL owners will not experience increases in property taxes beyond those normally allowed by other state law and state constitutional provisions. Low and Moderate Income Housing Program A. Number of Dwelling Units Housing Low and Moderate Income Households Expected to be Destroyed or Removed by the Project The Amendment does not permit the Agency to use eminent domain to acquire residential property; therefore, no dwelling units would be affected by the adoption of the Amendment. B. Number of Persons and Families of Low and Moderate Income Expected to be Displaced by the Project As discussed above, the Agency estimates that no households of low-and moderate-income would be displaced by Project implementation as a result of adoption to the Amendment. C. General Location of Replacement Low and Moderate Income Housing to be Rehabilitated, Developed and Constructed Not applicable, since the Amendment does not permit the Agency to use eminent domain to acquire residential property. D. Number of Dwelling Units Housing Persons of Low and Moderate Income Planned for Construction or Rehabilitation Other than Replacement Housing Not applicable, since the Amendment does not permit the Agency to use eminent domain to acquire residential property. E Projected Means of Financing Rehabilitation and New Construction of Housing for Low and Moderate Income Households Not applicable, since the Amendment does not permit the Agency to use eminent domain to acquire residential property. F. Projected Timetable for Meeting the Plan's Relocation, Rehabilitation and Replacement Housing Objectives Not applicable, since the Amendment does not permit the Agency to use eminent domain to acquire residential property. CIIIJQ•� � i � 5� ROSENOW SPEVACEK GROUP, INC. COMMUNITY REDEVELOPMENT AGENCY OF THE APRIL 21,2004 CITY OF PALM SPRINGS TAHQUITZ-ANDREAS EMINENT DOMAIN AMENDMENT -28- REPORT TO THE CITY COUNCIL Summary of Agency's Consultations with Affected Taxing Agencies The proposed Amendment would not detrimentally impact affected taxing agencies because the Amendment does not affect the financing of the Tahquitz- Andreas Area in any way, nor will it change the plan's land use policies or list of public improvement projects. On March 31, 2004, the Agency transmitted the notice of the May 5, 2004 joint public hearing to all affected taxing agencies via certified mail and offered additional consultation if needed. Thus far, the Agency has not been contacted by any taxing agencies seeking consultations regarding the Amendment. cz \ • 55 ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY OF THE APRIL 21,2004 CITY OF PALM SPRINGS TAHQUITZ-ANDREAS EMINENT DOMAIN AMENDMENT -29- REPORT TO THE CITY COUNCIL Proposed Amendment Text The Amended and Restated Redevelopment Plan for Merged Redevelopment Project No. 2, previously amended on February 19, 2003 by Ordinance 1624 ("Plan"), is hereby further amended as follows: Section 502 and 503 of the Plan are hereby amended to read as follows: (502) Property Acquisition 1. (503) Acquisition of Real Property The Agency may acquire real property by any means authorized by law, including by purchase, lease, obtain option upon, acquire by gift, grant, bequest, devise, exchange, cooperative negotiations, or eminent domain subject to. The the following limitations--shal"pply--to—tfie—Agencys-eminent domain-autherlty-in-the-Project-Area: a. Eminent domain may be used to acquire any real property in the Baristo-Farrell and Canyon Constituent Areas, except for properties legally devoted to a residential use. A parcel is devoted to a residential use if a residential structure has been legally constructed on such parcel, and such structure continues to be legally occupiable for a Residence. Except as otherwise provided by law, no eminent domain proceeding to acquire property within the Baristo-Farrell and Canyon Constituent Areas shall be commenced after February 19, 2015 (twelve 12 years following the date of adoption of this amended and restated Plan by Ordinance No. 1624). b. €amine t do;,ain-nay-net be use to acquire aBy real property in—Nae—Tahgaitz Andreas—Co *s,tuent,4 Eminent domain may be used to acquire any real property in the Tahauitz Andreas Constituent Area except for properties legally devoted to a residential use. A parcel is devoted to a residential use if a residential structure has been legally constructed on such parcel, and such structure continues to be legally occupiable for a Residence. Except as otherwise provided by law, no eminent domain proceeding to acquire • ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY OF T APRIL 21,2004 CITY OF PALM SPRING TAHQUITZ-ANDREAS EMINENT DOMAIN AMENDMENT EXHIBIT 1 REPORT TO THE CITY COUNCIL property within the Tahquitz Andreas Constituent Area shall be commenced after 1 2016 (twelve (12) years following the date of adoption of the amendment to this amended and restated Plan by Ordinance No. 1 c. The power of eminent domain may not be used to acquire any parcels or interests in lands held in Trust by the United States for any individual Indian or for the Aqua Caliente Band itself. However, the power of eminent domain may be used to acquire a leasehold or other interest from the lessee or holder (but not the fee interest of the allottee)which is on land held in Trust by the United States, but only with the written consent of the Tribal Council of the Agua Caliente Band. d. Eminent domain may not be used to acquire property owned by a public body without the consent of that public body. e. To the extent required by law, the Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner, unless: (1) such building requires structural alteration, improvement, modernization or rehabilitation; or (2) the site or lot on which the building is situated requires modification in size, shape or use; or (3)it is necessary to impose upon such property any of the standards, restrictions and controls of this Plan and the owner fails or refuses to participate in the Plan pursuant to Sections 506 through 509 of this Plan and applicable provisions of the Redevelopment Law. f. €xcept-as-ethepMse-previded-by-law;-ne er>}i a t-demain p,receeding4o-acquire--preper-ty withinAhe-Prejec-t-Area-sha"e 1 aft �, el ism a t .,f c�im,=rrt�=,G2v--an2r—,n�.i%�,�re��y'eear$--f6116M�ing—tl�v�m adeptien-ef-this-�ded-and-restated-Wan by-Ord+Rance-Ne: 4&2�4ri1l�y—Su+4nR"mitation-may--be�xe;ded eRty-b al'1'Il71l e rt Orthr,PlPlan- Lk P, 5 ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY OF THE APRIL 21,2004 CITY OF PALM SPRINGS TAHQUITZ-ANDREAS EMINENT DOMAIN AMENDMENT EXHIBIT 1 REPORT TO THE CITY COUNCIL IR Map of Project Area and Tahquiiz-Andreas Merged Redevelopment Project Area No. 2 1.Tahquitz-Andreas Constituent Area 2. Baristo-Farrell TAHQUITZ-ANDREAS CONSTITUENT AREA 3. Canyon ALEJO RO 0 w w O m Qi ¢ Z U w n y Z ANUREASRO J J +rr � I�/�i� 1 , TAHQUITZ CANYON fYA x MCQUE �yry L4v •_3 �' ARENAS RD rr '� WSTk!GRIND SATURNIND RO Z RAMON RO W tp Sa 4 MR � �c F- PALM 66 ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY OF THE APRIL 21,2004 CITY OF PALM SPRINGS TAHQUITZ-ANDREAS EMINENT DOMAIN AMENDMENT EXHIBIT 2 REPORT TO THE CITY COUNCIL .In Negative Declaration ROSENOW SPEVACEK GROUP,INC COMMUNITY REDEVELOPMENT AG NCY OF THE APRIL 21,2004 CITY OF PALM SPRINGS TAHQUITZ-ANDREAS EMINENT DOMAIN AMENDMENT EXHIBIT 3 REPORT TO THE CITY COUNCIL CITY OF PALM SPRINGS DEPARTMENT of PLANNING AND BUILDING INITIAL STUDY Application No(s): Case No. 5.1002 (Redevelopment Plan Second Amendment) Date of Completed Application: March 25, 2004 Name of Applicant: Palm Springs Redevelopment Agency Project Description and Location: REDEVELOPMENT PLAN SECOND AMENDMENT - The Community Redevelopment Agency of the City of Palm Springs ("Agency") is proposing a Second Amendment to the Amended and Restated Redevelopment Plan for the Merged Redevelopment Project No. 2 ("Second Amendment"), as recently amended February 19, 2003 by Ordinance No. 1624 ("Plan"). The Plan consists of three (3) constituent areas: Baristo-Farrell; Canyon; and Tahquitz-Andreas. The proposed Second Amendment would establish the Agency's authority to use eminent domain to acquire nonresidential property in the Tahquitz-Andreas Constituent Area. Figure 1 is a regional map showing the location of the City of Palm Springs in relation to the Coachella Valley. Figure 2 shows all three constituent areas of Merged Redevelopment Project Area No. 2. Highlighted in red in Figure 2 is the Tahquitz-Andreas Constituent Area, which is the focus of the proposed Second Amendment. There are no changes proposed to the Baristo- Farrell and Canyon areas. A larger scale map of the Tahquitz-Andreas Constituent Area is shown in Appendix A. The authority for the Agency to use eminent domain in the Tahquitz-Andreas Constituent Area expired in 1995. The Second Amendment would reestablish eminent domain authority in the Tahquitz-Andreas Constituent Area with the following limitations: 1) Eminent domain may be used to acquire any real property in the Tahquitz-Andreas Constituent Area, except for properties legally devoted to a residential use. A parcel is devoted to a residential use if a residential structure has been legally constructed on such parcel, and such structure continues to be legally occupiable for a residence as defined in the Plan. Except as otherwise provided by law, no eminent domain proceeding to acquire property within the Tahquitz-Andreas Constituent Area shall be commenced twelve (12) years following the date of adoption of the Second Amendment; 2) the power of eminent domain may not be used to acquire any parcels or interests in lands held in Trust by the United States for any individual Indian or for the Aqua Caliente Band itself. However, the power of eminent domain may be used to acquire a leasehold or other interest from the lessee or holder (but not the fee interest of the allottee) which is on land held in Trust by the United States, but only with the written consent of the Tribal Council of the Aqua Caliente Band; 3) eminent domain may not be used to acquire property owned by a public body without the consent of that public body; 4) to the extent required by law, the Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner, unless: a) such building requires structural alteration, improvement, modernization or rehabilitation; or b)the site or lot on which the building is situated requires modification in size, shape, or use; or c) it is necessary to impose upon such property any of the standards, restrictions and controls of the rs a u m YwtorviAe le ,s rs n ancho iwenhT ine Pdkns San Bemcrdhw ee Yua VOAay ,s ,a Redlands is Fdvorside Marenovalrer m Palm Springs vl Beaumant Pal $onJacrf0 fu`er 'S; i 14 71 Ranch a iiiy, Palm eeft ,C —E WWI '-k Weltd sd COOCIVAO ,s d La Ouv$a fiemrd 79 + Salton s Id U Figure 1 Source: City ofPahn Springs Regional Map ��� N--k« 1. Tahquitz-Andreas - Proposed Second Amendment 2. Baristo-Farrell 3. Canyon z RACQUET GLUB ROAD Z 4 'o VISTA CHINO a 3 w N z `F m D N p 9G W 2 RAMONROAD NY 3 R/VF Figure 2 Source:City of Palm Springs Redevelopment Project Areas C N .._..._N �b0 Plan and the owner fails or refuses to participate in the Plan pursuant to Sections 506 through 509 of the Plan and applicable provisions of the California Community Redevelopment Law, Health and Safety Code Section 33000 et seq. General Plan Land Use Designation: The Palm Springs General Plan Land Use designations for the property within the Tahquitz-Andreas Constituent Area are presented below in Table 1. The proposed Second Amendment will not change any existing general plan land use designations of any property in the Tahquitz-Andreas Constituent Area. TABLE 1 TAHQUITZ-ANDREAS CONSTITUENT AREA GENERAL PLAN LAND USE DESIGNATIONS MERGED REDEVELOPMENT PLAN NO. 2 PRESENT LAND USE DESIGNATIONS Tahquitz-Andreas CBD (Central Business District), M8 (Medium Density Residential - 8 units/acre), RC (Resort Commercial), H 43/30 (High Density Residential - 43 units/acre (Apt. 30)). Present Land Use(s): The existing land uses in the Tahquitz-Andreas Constituent Area are listed below in Table 2. The proposed Second Amendment does not propose to change the existing land uses in the Tahquitz-Andreas Constituent Area. TABLE 2 TAHQUITZ-ANDREAS CONSTITUENT AREA EXISTING LAND USES MERGED REDEVELOPMENT PLAN NO. 2 1 EXISTING LAND USES Tahquitz-Andreas Commercial, hospitality, government, residential, vacant land Existing Zoning(s): The existing zoning designations of the property within the Tahquitz- Andreas Constituent Area are shown below in Table 3. The proposed Second Amendment will not change any existing zoning designations of any property in the Tahquitz-Andreas Constituent Area. TABLE 3 TAHQUITZ-ANDREAS CONSTITUENT AREA EXISTING ZONING DESIGNATIONS MERGED REDEVELOPMENT PLAN NO. 2 EXISTING ZONING DESIGNATIONS Tahquitz-Andreas C-1 (Retail Business), C-I-A-A I.L. (Large Scale Retail Commercial, Indian Land), R-G-A (8) (Garden Apartments and Cluster Residential ), R-4 I. L. (Large Scale Hotel and Multiple Family Zone, Indian Land), R-4 VP I.L. (Vehicle Parking, Large Scale Hotel and Multiple Family and Limited Commercial Retail, Indian Land), R-4 VP (Vehicle Parking, Large Scale Hotel and Multiple Family and Limited Commercial Retail), Convention Center P.D. 164, C-I-A-A (Large Scale Retail Commercial), W (Watercourse), C-2 I.L. (General Commercial, Indian Land), P.D. 180 (Planned Development), C-2 General Commercial). Yes No I. Is the proposed action a "project' as defined by CEQA? (See section ■ ❑ 2.6 of State CEQA Guidelines. If more than one project is present in the same area, cumulative impacts should be considered). - - 4 --A ). • R- -- -- II. If"yes" above, does the project fall into any of the Emergency Projects ❑ ■ listed in Section 15269 of the State CEQA Guidelines? III. If"no" in II, does the project fall under any of the Ministerial Acts listed ❑ ■ in Section 15268(b) of the State CEQA Guidelines? IV. If "no" on III, does the project fall under any of the Statutory ❑ ■ Exemptions listed in Article 18 of the State CEQA Guidelines? V. If "no" on IV, does the project qualify for one of the Categorical ❑ ■ Exemptions listed in Article 19 of the State CEQA Guidelines? (Where there is reasonable probability that the activity will have a significant effect due to special circumstances, a categorical exemption does not apply). VI. Project Description (Redevelopment Plan Second Amendment): The Plan consists of three (3) constituent areas: Baristo-Farrell; Canyon; and Tahquitz-Andreas. The proposed Second Amendment would establish the Agency's authority to use eminent domain to acquire nonresidential property in the Tahquitz-Andreas Constituent Area. No changes to the Baristo-Farrell and Canyon areas are proposed. The authority for the Agency to use eminent domain in the Tahquitz-Andreas Constituent Area expired in 1995. The Second Amendment would reestablish eminent domain authority in the Tahquitz-Andreas Constituent Area with the following limitations: 1) Eminent domain may be used to acquire any real property in the Tahquitz-Andreas Constituent Area, except for properties legally devoted to a residential use. A parcel is devoted to a residential use if a residential structure has been legally constructed on such parcel, and such structure continues to be legally occupiable for a Residence as defined in the Plan. Except as otherwise provided by law, no eminent domain proceeding to acquire property within the Tahquitz-Andreas Constituent Area shall be commenced twelve (12) years following the date of adoption of the Second Amendment; 2) the power of eminent domain may not be used to acquire any parcels or interests in lands held in Trust by the United States for any individual Indian or for the Aqua Caliente Band itself. However, the power of eminent domain may be used to acquire a leasehold or other interest from the lessee or holder (but not the fee interest of the allottee) which is on land held in Trust by the United States, but only with the written consent of the Tribal Council of the Aqua Caliente Band; 3) eminent domain may not be used to acquire property owned by a public body without the consent of that public body; 4)to the extent required by law, the Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner, unless: a) such building requires structural alteration, improvement, modernization or rehabilitation; or b)the site or lot on which the building is situated required modification in size, shape, or use; or c) it is necessary to impose upon such property any of the standards, restrictions and controls of the Plan and the owner fails or refuses to participate in the Plan pursuant to Sections 506 through 509 of the Plan and applicable provisions of the California Community Redevelopment Law, Health and Safety Code Section 33000 et seq. VI I. Is the proposed project consistent with: (If answered "Yes" or "Not Applicable", no explanation is required) City of Palm Springs General Plan ■ Yes ❑ No ❑ N/A Applicable Specific Plan ■ Yes ❑ No ❑ N/A City of Palm Springs Zoning Ordinance ■ Yes ❑ No ❑ N/A South Coast Air Quality Management Plan ■ Yes ❑ No ❑N/A Airport Part 150 Noise Study ■ Yes ❑ No ❑ N/A Draft Section 14 Master Development Plan ■ Yes ❑ No ❑ N/A Vill. Are there any of the following studies required? 1. Soils Report (prior to permit issuance) ❑ Yes ■ No 2. Slope Study ❑ Yes ■ No 3. Geotechnical Report ❑ Yes ■ No 4. Traffic Study ❑ Yes ■ No 5. Air Quality Study ❑ Yes ■ No 6. Hydrology ❑Yes ■ No 7. Sewer Study ❑ Yes ■ No 8. Biological Study ❑ Yes ■ No 9. Noise Study ❑ Yes ■ No 10. Hazardous Materials Study ❑ Yes ■ No 11. Housing Analysis ❑ Yes ■ No 12. Archaeological Report ❑ Yes ■ No 13. Groundwater Analysis ❑ Yes ■ No 14. Water Quality Report ❑ Yes ■ No 15 Other ❑ Yes ■ No IX. Listed below are the documents that were referenced in the preparation of this Negative Declaration: a. City of Palm Springs 1993 General Plan; b. City of Palm Springs 1993 General Plan Final Environmental Impact Report; 6 �� ,,6, C. First Amendment to the Merged Project Areas No.1 (Central Business District, South Palm Canyon, Ramon-Bogie, Oasis, North Palm Canyon, Highland- Gateway, Project No.9) and No.2 (Baristo-Farrell, Canyon, and Tahquitz- Andreas); d. Negative Declaration for the First Amendment to the Merged Redevelopment Plans for Merged Redevelopment Project Nos.1 and 2. e. Second Amendment to the Merged Project Area No. 2 (Baristo-Farrell, Canyon and Tahquitz-Andreas). All of the documents listed above are incorporated by reference in their entirety. Environmental Analysis: Potentially Significant Potentially Unless Less Than Significant Miligation Significant No Item Impact Incorporated Impact Impact 1. LAND USE PLANNING Would the proposal: a) Conflict with general plan designation or zoning? ❑ ❑ ❑ ■ b) Conflict with applicable environmental plans or ❑ ❑ ❑ ■ policies adopted by agencies with jurisdiction over the project. c) Be incompatible with existing land use in the ❑ ❑ ❑ ■ vicinity? d) Affect agricultural resources or operations (e.g. ❑ ❑ ❑ ■ impacts to soils or farmlands, or impacts from incompatible land uses)? e) Disrupt or divide the physical arrangement of an ❑ ❑ ❑ ■ established community (including low-income or minority community)? 1. a-e NO IMPACT. The Second Amendment would not change the existing zoning or general plan land use designations of any property, residential or non-residential, within the Tahquitz- Andreas Constituent Area. The Second Amendment proposes to reestablish the Agency's authority to use eminent domain in the Tahquitz-Andreas Constituent Area, with certain limitations, and does not propose to change any existing land use or zoning designations of property as presently designated by the Palm Springs General Plan and Zoning Ordinance. The Second Amendment would not have any impact or conflicts with either the general plan or zoning ordinance. The Second Amendment does not propose any development (public or private) as part of or in conjunction with the adoption of the Second Amendment. Thus, the Second Amendment would not result in any conflicts with regards to applicable environmental plans or policies of property in the Tahquitz-Andreas Constituent Area, result in any incompatible land uses that do not presently exist, affect agricultural resources or operations, or disrupt or divide the physical arrangement of an established community. The future acquisition of real property in compliance with the Second Amendment could indirectly lead to development and potential land use impacts. All development (public and private) would be required to prepare subsequent CEQA documentation at the time projects are proposed for approval and address potential impacts to land use as applicable. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Item Impact Incorporated Impact Impact 2. POPULATION AND HOUSING Would the proposal: a) Cumulatively exceed official regional or local ❑ ❑ ❑ ■ population projections? b) Induce substantial growth in an area either directly ❑ ❑ ❑ ■ or indirectly (e.g. through projects in an undeveloped area or extension or major infrastructure)? c) Displace existing housing, especially affordable ❑ ❑ ❑ ■ housing? 2. a-c NO IMPACT. The Second Amendment would not change or impact any official regional or local population or housing projections as presently estimated for the City of Palm Springs by the Coachella Valley Association of Governments (CVAG). The Second Amendment would not change any existing land use or zoning designations, therefore the Second Amendment would not change or affect future population or housing projections for the City as a result of changes in land use or zoning designations. The Second Amendment would not make any changes to the existing redevelopment plan that would directly result in an increase or decrease of housing or population. The Second Amendment would not directly displace any existing housing units, including affordable housing. The City of Palm Springs had a population of 42,807 people with 30,823 housing units in 2000.1 The adoption and implementation of the Second Amendment does not propose any land use changes or modifications that would change the City's population or future estimated housing needs. The use of eminent domain, with limitations, to acquire nonresidential property within the Tahquitz-Andreas Constituent Area could indirectly result in an increase in employees in the City by encouraging new commercial development. An increase in employees due to increased commercial development could indirectly increase the demand for additional housing in Palm Springs, if the existing housing inventory in the City cannot meet the demand at the time. Thus, the acquisition and development of nonresidential property could indirectly increase the demand for the construction of additional residences, increasing the City's population. The Second Amendment would allow the use of eminent domain to acquire nonresidential property in the Tahquitz-Andreas Constituent Area with certain limitations, and does not propose any development or elimination of housing. The Second Amendment would not directly result in the removal of any affordable housing in the Tahquitz-Andreas Constituent Area. The future acquisition of real property in compliance with the Second Amendment could indirectly lead to development and potential impacts to population and housing. All future development (public and private) would be required to prepare subsequent CEQA documentation at the time projects are proposed for approval and address potential impacts to population and housing as applicable. Potentally Significant Potentially Unless Less Than Significant Mitigation Signipcanl No Item Impact Incorporated Impact Impact 3. GEOLOGIC PROBLEMS Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? ❑ ❑ ❑ ■ b) Seismic ground shaking? ❑ ❑ ❑ ■ c) Seismic ground failure, including liquefaction? ❑ ❑ ❑ ■ d) Seiche, tsunami, or volcanic hazard? ❑ ❑ ❑ ■ e) Landslides or mudflows? ❑ ❑ ❑ ■ f) Erosion, changes in typography or unstable soil ❑ ❑ ❑ ■ conditions from excavation, grading and fill? g) Subsidence of the land? ❑ ❑ ❑ ■ h) Expansive soils? ❑ ❑ ❑ ■ i) Unique geologic or physical features? ❑ ❑ ❑ ■ j) Is a major landform, ridgeline, canyon, etc. involved? ❑ ❑ ❑ ■ Census 2000. — - - -- - --- - ---- -9 � - - - a 66 - 3. a-j NO IMPACT. The Palm Springs General Plan Final EIR addresses geologic, seismic, and other similar geologic issues. The General Plan Seismic Safety Element establishes policies and programs by which all existing and future public and private projects are to be evaluated. The Palm Springs General Plan Final EIR includes mitigation measures, which addresses all of these geologic issues. There are Alquist-Priolo Special Study Zones designated by the State of California located within the City of Palm Springs. City protocols require future development to submit a precise grading plan and soils report for review and approval by the City prior to issuance of development permits. Future soils reports for individual projects would address the potential for subsidence of land and the possibility of expansive soils on the property. When required, mitigation measures would be recommended in the soils report and incorporated into the grading plan to mitigate soils impacts. Since the City of Palm Springs is located within an active seismic area, the City also mandates that the construction of all structures be designed to comply with the Uniform Building Code (UBC) and withstand the potential ground shaking associated with such an event. The proposed Second Amendment would not increase the exposure of people or buildings to geologic hazard beyond those already anticipated by the City's General Plan and zoning code. Establishing the use of the authority to use eminent domain by the Agency would have no direct or indirect impact one way or the other on residents, employees or buildings in the constituent area compared to existing geologic hazards and conditions in the City and the region. The future acquisition of real property in compliance with this Second Amendment could indirectly encourage development in the constituent area. All development (public and private) would be required to prepare subsequent CEQA documentation at the time projects are proposed for approval and address potential geologic impacts prior to the approval of projects. Potentially Significant Potentially Unless Less Than Significant Kilgalien Significant No Item Impact Incorporated Impact Impact 4. WATER Would the proposal result in: a) Changes in absorption rates, drainage patterns, rate ❑ ❑ ❑ ■ and amount of surface runoff? b) Exposure of people or property to water related hazards ❑ ❑ ❑ ■ such as flooding? c) Discharge into surface waters or other alteration of ❑ ❑ ❑ ■ surface water quality (e.g., temperature, dissolved oxygen or turbidity)? d) Changes in the amount of surface water in any water ❑ ❑ ❑ ■ body? e) Changes in currents, or the course or direction of water ❑ ❑ ❑ ■ movements? f) Change in the quantity of ground waters, either through ❑ ❑ ❑ ■ direct additions or withdrawals, or through interception of an aquifer by cuts or excavations, or through substantial loss of groundwater recharge capacity? g) Altered direction or rate of flow of groundwater? ❑ ❑ ❑ ■ h) Impacts to groundwater quality? ❑ ❑ ❑ ■ i) Substantial reduction in the amount of groundwater ❑ ❑ ❑ ■ otherwise available for public water supplies? j) Are there any on-site or proposed wells? ❑ ❑ ❑ ■ - -10- 00K P\- k-' � 4. a-j NO IMPACT. The proposed Second Amendment does not propose any development (public or private) that could cause a change in the quantity or quality of surface water or groundwater in any of the Constituent Area. The Second Amendment only reestablishes the authority to use eminent domain by the Agency to acquire nonresidential real property in the Tahquitz-Andreas Constituent Area. Therefore, the Second Amendment would not impact changes in absorption rates, exposure of people or property to water related hazards, change surface water flows, etc. The future acquisition of real property in compliance with the Second Amendment could indirectly lead to development and potential impacts to drainage, absorption rates, quality of runoff, etc. All development (public and private) would be required to prepare subsequent CEQA documentation at the time projects are proposed for approval and address potential impacts to drainage and water quality as applicable. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No It.. Impact Incorponaled Impact Impact 5. AIR QUALITY Would the proposal: a) Violate any air quality standard or contribute to an ❑ ❑ ❑ ■ existing or projected air quality violation? b) Expose sensitive receptors to pollutants? ❑ ❑ ❑ ■ c) Alter air movement, moisture, or temperature, or cause ❑ ❑ ❑ ■ any change in climate? d) Create objectionable odors? ❑ ❑ ❑ ■ 5. a-d. NO IMPACT. The City is located in the Salton Sea Air Basin (SSAB), which is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). Ozone and ozone precursors transported into the basin from the South Coast Air Basin across the mountain ranges and through the desert passes are responsible for the degree of occurrence of high ozone concentrations in the SSAB. Oxidants (90% of which are ozone) and PM10 (suspended particulate matter with a mean aerodynamic diameter of less than or equal to 10 microns) represent the majority of air quality problems basin wide. The Coachella Valley is currently designated as a serious non-attainment area for PM10. Since it was designated as a PM10 non-attainment area, Coachella Valley governments, agencies and private and public stakeholders, along with the Air Quality Management District (AQMD), have proactively worked to reduce unhealthful levels of PM10 dust. The SSAB has an adopted State Implementation Plan (SIP) that includes control measures for the Coachella Valley to become in compliance with PM10 emissions. The SSAB also is dependant upon the Coachella Valley Association of Governments (CVAG) and local jurisdictions such as the City of Palm Springs to implement and monitor the SIP program. The SIP requirements under Title I of the Federal Clean Air Act(CAA) depend on the severity of the non-attainment problem. The CAA requires that severe ozone non-attainment areas, such as Coachella Valley, demonstrate attainment of the federal ozone air quality standard by November 15, 2007 using a U.S. EPA-recommended photochemical grid model and EPA- approved modeling techniques. It is clear from available data that the federal ozone standard that is exceeded in the Coachella Valley largely results form pollutant transport from the upwind South Coast Air Basin. Photochemical grid modeling for the 1994 AQMP, using the U.S. EPA- approved Urban Airshed Model, shows that attainment of the ozone standard is possible with the proposed control strategy described in the 1994 AQMP for the South Coast Air Basin, and control of locally generated emissions via state and federal regulations. -11- - L90 V�1 R ` 4 The proposed Second Amendment does not include any development (public or private) that could be constructed upon its adoption. The Second Amendment only reestablishes the Agency's authority to use eminent domain in the Tahquitz-Andreas Constituent Area. The use of eminent domain would not impact air quality emissions such as ozone or PM10, create objectionable odors, change air movements, or expose sensitive receptors to pollutants. Thus, the Second Amendment would not have any air quality impacts. The future acquisition of real property in compliance with the Second Amendment could indirectly lead to development and potential impacts to air quality. All development (public and private)would be required to prepare subsequent CEQA documentation at the time projects are proposed for approval and address potential impacts to air quality as applicable. Potentially Significant Potentially Unless Less Than Significant Mrtigalicn Significant No Item Impact Incorporated Impact Impact 6. TRANSPORTATION/CIRCULATION Would the proposal result in: a) Estimated Average Daily Trips generated by the ❑ ❑ ❑ ■ project? (Average weekday trip ends per 100,000 gross leaseable area—Rate 74.31; Volume: 7,431). b) Increased vehicle trips or traffic congestion? ❑ ❑ ❑ ■ c) Hazards to safety from design features (e.g., sharp ❑ ❑ ❑ ■ curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? d) Inadequate emergency accesses or access to nearby ❑ ❑ ❑ ■ uses? e) Insufficient parking capacity onsite or offsite? ❑ ❑ ❑ ■ f) Hazards or barriers for pedestrian or bicyclist? ❑ ❑ ❑ ■ g) Conflicts with adopted policies supporting alternative ❑ ❑ ❑ ■ transportation (e.g., bus turnouts, bicycle racks)? h) Rail, waterborne or air traffic impacts? ❑ ❑ ❑ ■ 6. a-h NO IMPACT. The Second Amendment does not include any development (public or private) that could be constructed upon its adoption. The Second Amendment would reestablish the authority to use eminent domain to acquire nonresidential real property in the Tahquitz-Andreas Constituent Area. The Second Amendment would not generate traffic, affect emergency access, create hazards or barriers for pedestrians or bicyclist, or result in any conflicts with adopted policies supporting alternative transportation. The future acquisition of real property in compliance with this Second Amendment could indirectly lead to development and potential impacts to transportation and circulation. All development (public and private) would be required to prepare subsequent CEQA documentation at the time projects are proposed for approval to address potential impacts to transportation and circulation as applicable. Potentially Significant Potentially Unless Less Than Significant Mitigation sgmfcant No Item Impact Incorporated Impact Impact 7. BIOLOGICAL RESOURCES Would the project result in impacts to: a) Endangered, threatened, or rare species or their ❑ ❑ ❑ ■ habitats (including, but not limited to plants, fish, insects, animals, and birds)? b) Locally designated species? ❑ ❑ ❑ ■ c) Locally designated natural communities (e.g., oak ❑ ❑ ❑ ■ forests, coastal habitat, etc.)? -,z- d) Wetland habitat(e.g., marsh, riparian, or vernal pools)? ❑ ❑ ❑ ■ e) Wildlife dispersal or migration corridors? ❑ ❑ ❑ ■ f) Is consultation with the California Fish and Game or the ❑Yes ■ No Department of Fish and Wildlife Service, as a trustee agency required? 7. a-f NO IMPACT. The Second Amendment does not include any development (public or private) that could be constructed upon its adoption. The Second Amendment only reestablishes limited authority to use eminent domain in the Tahquitz-Andreas Constituent Area and does not propose any development projects. The Second Amendment would not have any biological impacts or affect biological resources that may exist in the Constituent Area. The future acquisition of real property in compliance with the Second Amendment could indirectly lead to development and potential impacts to biological resources. All development (public and private) would be required to prepare subsequent CEQA documentation at the time projects are proposed for approval and address potential impacts to biological resources as applicable. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Item Impact Incorpomled Impact Impact 8. ENERGY AND MINERAL RESOURCES Would the proposal create: a) Conflict with adopted energy conservation plans? ❑ ❑ ❑ ■ b) Use non-renewable resources in a wasteful and ❑ ❑ ❑ ■ inefficient manner? c) Result in the loss of availability of a known mineral ❑ ❑ ❑ ■ resource that would be of future value to the region and the residents of the state? 8. a-c NO IMPACT. The Second Amendment does not include any development as part of the project. The Second Amendment does not include the construction of any public or private projects. The Second Amendment only proposes to extend the authority to use eminent domain to acquire nonresidential real property in the Tahquitz-Andreas Constituent Area with certain limitations as described in the project description and would not directly result in any energy and/or mineral resource impacts. Thus, the Second Amendment would not directly have any impacts to energy or mineral resources in the Constituent Area or the City of Palm Springs. The future acquisition of real property in compliance with the Second Amendment could indirectly lead to development and potential impacts to energy and mineral resources. All development (public and private) would be required to prepare subsequent CEQA documentation at the time projects are proposed for approval and address potential impacts to energy and mineral resources as applicable. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Item Impact Incorporated Impact Impact 9. HAZARDS Would the proposal: a) Be a risk or accidental explosion or release substances ❑ ❑ ❑ ■ (including, but not limited to: oil, pesticides, chemicals, or radiation)? b) Create possible interference with an emergency ❑ ❑ ❑ ■ response plan or emergency evacuation plan? c) Create any health hazard or potential health hazard? ❑ ❑ ❑ ■ d) Create exposure of people to existing sources of ❑ ❑ ❑ ■ -13 4 A __ R k S - potential health hazards? e) Increase the risk of fire hazard in areas with flammable ❑ ❑ ❑ ■ brush, grass, or trees? 9. a-e NO IMPACT. The Second Amendment extends the authority to use eminent domain to acquire nonresidential property in the Tahquitz-Andreas Constituent Area. The Second Amendment would not result in the approval of any public or private development projects because no projects are proposed as part of the Second Amendment. Thus, the Second Amendment would not directly create any health hazards, expose people to existing health hazards, or increase the risk of fire hazards. The future acquisition of real property in compliance with the Second Amendment could indirectly lead to development and potential impacts to hazards. All development (public and private) would be required to prepare subsequent CEQA documentation at the time projects are proposed for approval and address potential impacts to hazards as applicable. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Item Impact Incorporated Impact Impact 10. NOISE Would the proposal result in: a) Increases in existing noise levels? ❑ ❑ ❑ ■ b) Exposure of people to severe noise levels? ❑ ❑ ❑ ■ c) Will the project be compatible with the noise ❑ ❑ ❑ ■ compatibility planning criteria according to Table 6F of the Palm Springs Municipal Code FAR. Part 150 Noise Compatibility Study? 10. a-c NO IMPACT. The Second Amendment does not include any development or other activities that could generate noise. The Second Amendment proposes to extend the authority for the Agency to use eminent domain to acquire nonresidential property in the Tahquitz- Andreas Constituent Area with certain limitations for an additional twelve years from the date of adoption. There is no development activity included as part of the Second Amendment. Therefore the adoption of the Second Amendment would not result in the approval of any public or private development projects. The future acquisition of real property in compliance with this Second Amendment could indirectly lead to development and potential noise impacts. All development (public and private) would be required to prepare subsequent CEQA documentation at the time projects are proposed for approval and address potential impacts to noise as applicable. Polengially Significant Potentially Unless Less Than Significant Mitigation Significant No Item Impact Incorporated Impact Impact 11. PUBLIC SERVICES Would the proposal have an effect upon or result in a need for new or altered government services in any of the following areas? a) Fire protection? ❑ ❑ ❑ ■ b) Police protection? ❑ ❑ ❑ ■ c) Schools? ❑ ❑ ❑ ■ d) Maintenance of public facilities, including roads? ❑ ❑ ❑ ■ e) Other governmental services? ❑ ❑ ❑ ■ -14- 04 P - k 6 1\ - 11. a-e NO IMPACT. The City of Palm Springs provides several public services to its residents and businesses. The City of Palm Springs Police Department provides police protection services, which include emergency response, criminal investigation, traffic enforcement, and preventative patrol. The Palm Springs Fire Department provides fire protection services to the community. The Palm Springs Unified School District ("PSUSD") and the Banning Unified School District serve the City; the majority of the city is served by PSUSD. Another governmental service is the Palm Springs Public Library, which provides information services to the community through hard copy materials and its website. The future acquisition of real property in compliance with the Second Amendment could indirectly lead to development and potential impacts to public services including fire protection, police protection, schools, maintenance of public facilities, and other governmental services. All development (public and private) would be required to prepare subsequent CEQA documentation at the time projects are proposed for approval and address potential impacts to public services as applicable. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Item Impact Incorporated Impact Impact 12. UTILITIES AND SERVICE SYSTEMS Would the proposal result in a need for new systems, supplies, or substantial alterations to the following utilities: a) Power or natural gas? ❑ ❑ ❑ ■ b) Communications systems? ❑ ❑ ❑ ■ c) Local or regional water treatment or distribution ❑ ❑ ❑ ■ facilities? d) Sewer or septic tanks? ❑ ❑ ❑ ■ e) Storm water drainage? ❑ ❑ ❑ ■ f) Solid waste disposal? ❑ ❑ ❑ ■ g) Local or regional water supplies? ❑ ❑ ❑ ■ 12. a-g NO IMPACT. The City of Palm Springs contracts with a private company for solid waste collection. Solid waste generated within Palm Springs is disposed at the Edom Hill landfill. The City has a recycling program that recycles glass, aluminum and plastic materials. Southern California Edison (SCE) provides electricity to the City of Palm Springs. SCE has major transmission lines as well as a distribution system in the area to serve the community. The Southern California Gas Company provides natural gas to Palm Springs as well as other cities in the area. The Gas Company has both a transmission system and local distribution system in the area that serves the community. Verizon provides telephone service to the City of Palm Springs. Verizon has existing facilities throughout the area to serve the city. New facilities are constructed or existing facilities are extended as necessary to serve new development. Warner Cable of Palm Springs provides cable service to the community. Warner Cable has cable throughout most of the community to serve its customers. The Palm Springs Wastewater Treatment and Reclamation Plant provides wastewater treatment for the wastewater generated in the city. The treatment plant has a current design flow of 10.9 million gallons per day and provides primary mechanical and secondary biological treatment of the sewer. Secondary treated wastewater is sent to the Desert Water Authority (DWA) tertiary treatment plant for further processing and subsequent distribution for irrigationof -16- -cm 1 ` ` 0 11� parks and golf courses. Secondary treated wastewater that is not delivered to DWA for tertiary treatment is recharged to the local groundwater basin through the City's percolation ponds. Water service and storm drain facilities have been addressed above in Section 4.0. The future acquisition of real property in compliance with the Second Amendment could indirectly lead to development and potential impacts to public utilities such as power, communications, water treatment, sewer treatment, storm water, solid waste, and water supplies. All development (public and private) would be required to prepare subsequent CEQA documentation at the time projects are proposed for approval and address potential impacts to public utilities as applicable. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Item Impact Incorporated Impact Impact 13. AESTHETICS Would the proposal: a) Affect a scenic vista or scenic highway? ❑ ❑ ❑ ■ b) Have a demonstrated negative aesthetic effect? ❑ ❑ ❑ ■ c) Create light or glare? ❑ ❑ ❑ ■ 13. a-c NO IMPACT. The Second Amendment does not include any development or other activities that would have aesthetic impacts. The Second Amendment proposes to extend the authority for the Agency to use eminent domain to acquire nonresidential property in the Tahquitz-Andreas Constituent Area, and there is no development proposed as part of the Second Amendment. The adoption of the Second Amendment would not result in the approval of any public or private development projects. Thus, the Second Amendment would not directly have any aesthetic impacts. The future acquisition of real property in compliance with the Second Amendment could indirectly lead to development and potential aesthetic impacts. All development (public and private)would be required to prepare subsequent CEQA documentation at the time projects are proposed for approval and address potential impacts to aesthetics as applicable. Potentially Significant Potentially Unless Less Than Significant Miligation Significant No Item Impact Incorporated Impact Impact 14. CULTURALRESOURCES Would the proposal: a) Disturb paleontological resources? ❑ ❑ ❑ ■ b) Disturb archeological resources? ❑ ❑ ❑ ■ c) Affect historic resources? ❑ ❑ ❑ ■ d) Have the potential to cause a physical change, which ❑ ❑ ❑ ■ would affect unique ethnic cultural values? e) Restrict existing religious or sacred uses within the ❑ ❑ ❑ ■ potential impact areas? 14. a-e NO IMPACT. The Second Amendment does not include development or any activities that would result in cultural resource impacts. The Second Amendment proposes to extend the authority for the Agency to use eminent domain to acquire nonresidential property in the Tahquitz-Andreas Constituent Area, and there is no development activity proposed as part of the Second Amendment. The Second Amendment does not include any development that could be constructed upon its adoption. The Second Amendment would not result in the approval of any public or private development projects. Thus, the Second Amendment would not directly impact cultural resources. q /� The future acquisition of real property in compliance with the Second Amendment could indirectly lead to development and potential impacts to cultural resources. All development (public and private) would be required to prepare subsequent CEQA documentation at the time projects are proposed for approval and address potential impacts on cultural resources as applicable. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Item Impact Incorporated Impact Impact 15. RECREATION Would the proposal: a) Increase the demand for neighborhood or regional parks ❑ ❑ ❑ ■ or other recreational facilities? b) Affect existing recreational opportunities? ❑ ❑ ❑ ■ 15. a-b NO IMPACT. The Second Amendment does not include development or any other activities that would impact recreational facilities. The Second Amendment proposes to extend the authority for the Agency to use eminent domain to acquire nonresidential property in the Tahquitz-Andreas Constituent Area, and no development activity is included in the Second Amendment. The adoption of the Second Amendment would not result in the approval of any public or private development projects that could directly impact recreational resources. The future acquisition of real property in compliance with the Second Amendment could indirectly lead to development and potential impacts to recreation. All development (public and private)would be required to prepare subsequent CEQA documentation at the time projects are proposed for approval and address potential impacts to recreation as applicable. Potentially 5igndcant Potentially Unless Less Than Significant Mitigation Significant No Item Impact Incorporated Impact Impact 16. PUBLIC CONTROVERSY a) Is the proposed project or action environmentally ❑ ❑ ❑ ■ controversial in nature or can it reasonably be expected to become controversial upon disclosure to the public? 16. a NO IMPACT. The Second Amendment does not include any activity that directly could be considered to be environmentally controversial. The Second Amendment proposes to extend the Agency's authority to use eminent domain to acquire property in the Tahquitz-Andreas Constituent Area. There is no development activity proposed or included with the Second Amendment. Therefore, there is no action that could result in physical activity to the environment that could be controversial. The future acquisition of real property in compliance with the Second Amendment could indirectly lead to development and potential impacts to public controversy. All development (public and private) would be required to prepare subsequent CEQA documentation at the time projects are proposed for approval and address potential public controversy of a project as applicable. Potentially Significant Potentially Unless Less Than Significant Mifig.f on Sigmgcant No Item Impact Incorporated Impact Impact 17. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the ❑ ❑ ■ quality of the environment, substantially reduce the habitat of fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the history or prehistory? b) Does the project have the potential to achieve ❑ ❑ ❑ • short-term, to the disadvantage of long-term, environmental goals? c) Does the project have impacts that are individually ❑ ❑ ❑ ■ limited, but cumulatively considerable ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the efforts of past projects, the effects of other current projects, and effects of probable future projects)? d) Does the project have environmental effects, which ❑ ❑ ❑ • cause substantial adverse effects on human beings? 17. a NO IMPACT. The Second Amendment does not directly include any development or other activities that would have the potential to degrade the quality of the environment with regards to fish and wildlife, or important examples of the history or prehistory of the City. The Second Amendment proposes to extend the authority for the Agency to use eminent domain to acquire nonresidential property in the Tahquitz-Andreas Constituent Area, and there is no development activity included or proposed as part of the Second Amendment. Thus, the Second Amendment would not directly have any potential to degrade fish or wildlife species or habitat, or important examples of the history or prehistory of the City of Palm Springs. The future acquisition of real property in compliance with this Second Amendment could indirectly lead to development and potential impacts to fish and wildlife. All development (public and private)would be required to prepare subsequent CEQA documentation at the time projects are proposed for approval and address potential impacts to fish and wildlife as applicable. 17. b NO IMPACT. The Second Amendment does not include any activities that would achieve short-term, to the disadvantage of long-term, environmental goals. The short-term goal of the Agency is to extend the authority for the Agency to use eminent domain to acquire nonresidential property in the Tahquitz-Andreas Constituent Area for an additional twelve years from the date of adoption, as restricted. This short-term goal, if approved, would allow the Agency to acquire nonresidential property for redevelopment towards meeting the Agency's long-term goals of reducing and eliminating blight in the constituent area. The ability of the Agency to use eminent domain as a tool to reduce blight and improve the constituent area would have positive long-term impacts. The future acquisition of real property in compliance with the Second Amendment could indirectly lead to development and potential short or long-term environmental impacts. All development (public and private) would be required to prepare subsequent CEQA documentation at the time projects are proposed for approval and address potential short or long-term impacts as applicable. 17, c NO IMPACT. The Second Amendment does not include any activities that could be considered to have individually limited, but cumulatively considerable, impacts. The Second _18- OWN V 0\5 Amendment proposes to extend the authority for the Agency to use eminent domain to acquire nonresidential property in the Tahquitz-Andreas Constituent Area for twelve years from the date the Second Amendment is adopted, as restricted. There is no activity that directly could be considered to have individually limited, but cumulatively considerable, impacts. The future acquisition of real property in compliance with this Second Amendment could indirectly lead to development and potential cumulative impacts. All development (public and private) would be required to prepare subsequent CEQA documentation at the time projects are proposed for approval and address potential cumulative impacts as applicable. 17. d NO IMPACT. The Second Amendment does not include development or any activities that could have substantial adverse environmental effects on human beings. The Second Amendment proposes to extend the authority for the Agency to use eminent domain to acquire nonresidential property in the Tahquitz-Andreas Constituent Area for an additional twelve years, and there is no development activity included as part of the Second Amendment. Thus, the Second Amendment would not directly have any potential adverse environmental effects on human beings. The future acquisition of real property in compliance with the Second Amendment could indirectly lead to development and potential environmental impacts to human beings. All development (public and private) would be required to prepare subsequent CEQA documentation at the time projects are proposed for approval and address potential environmental impacts to human beings as applicable. 18. LISTED BELOW ARE THE PERSON OR PERSONS WHO PREPARED OR PARTICIPATED IN THE PREPARATION OF THE INITIAL STUDY Phil Martin, Phil Martin & Associates, Environmental Consultant Douglas R. Evans, City of Palm Springs, Director of Planning & Zoning Curt Watts, Redevelopment Administrator, Palm Springs Redevelopment Agency 19. DETERMINATION On the basis of this initial evaluation: ■ I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ❑ 1 find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because of the mitigation measures described in the Mitigated Negative Declaration. ❑ 1 find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT EPORT is required. ❑ 1 find that the proposed proje is consistent with the Program EIR. DATE: Qre� aSy P-00 J HN S RAYM N 'on nity Rede opment Agency of the City of Palm Springs fi"zn -� DOU L S WEVANS Director of Planning & Zoning APPENDIX A TAHQUITZ-ANDREAS CONSTITUENT AREA MAP Loolk fo\ � o 0 a z z 0 O J z J -J r,_ ` ALEJO RD A 11 AMADO RD •+i i � L ANDREAS RD N �- TAHQUITZ ARENAS RD K LU BARI5T0 Q r PAR � z US N C S � RAMON RD Project Area Boundary Source:City of Palm Springs Tahquitz-Andreas RESOLUTION NO. 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 Cityof Palm Springs, California ("Agency')and the City Council of the Cityof 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 proposes 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 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 City Council in the form attached hereto as Exhibit"A". ADOPTED this day of 2004. AYES: NOES: ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA By Assistant Secretary Chairman REVIEWED &APPROVED RESOLUTION NO. OF THE CITY OF PALM SPRINGS FINANCING AUTHORITY AUTHORIZING THE PURCHASE AND SALE OF COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS MERGED PROJECT NO. 1 TAX ALLOCATION REFUNDING BONDS, 2004 SERIES A AND THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS MERGED PROJECT NO. 2 TAX ALLOCATION REFUNDING BONDS, 2004 SERIES B UPON CERTAIN TERMS AND CONDITIONS, APPROVING DISTRIBUTION OF THE OFFICIAL STATEMENT RELATING THERETO AND PROVIDING OTHER MATTERS PROPERLY RELATING THERETO WHEREAS the City of Palm Springs (the "City') and the Community Redevelopment Agency of the City of Palm Springs ("the Agency") entered into a Joint Exercise of Powers Agreement (the "Agreement"), creating the City of Palm Springs Financing Authority (the "Authority"); and WHEREAS pursuant to Article 4 of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the "Act") and the Agreement, the Authority is authorized to purchase bonds issued by the Agency for financing and refinancing public capital improvements; and WHEREAS pursuant to the Act and the Agreement the Authority is further authorized to sell bonds so purchased to public or private purchasers at public or negotiated sale; and WHEREAS the Authority desires to purchase from the Agency 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 2004A Bonds") solely from the proceeds of the Authority's concurrent sale of the Series 2004A Bonds to Stone & Youngberg LLC (the "Underwriter") pursuant to a Purchase Contract (the "2004A Purchase Contract"), among the Authority, the Agency and the Underwriter; and WHEREAS the Authority desires to purchase from the Agency its not to exceed $10,000,000 aggregate principal amount of Community Redevelopment Agency of the City of Palm Springs Merged Project No. 1 Tax Allocation Refunding Bonds, 2004 Series B (the "Series 2004B Bonds" and together with the Series 2004A Bonds, the "Series 2004 Bonds") solely from the proceeds of the Authority's concurrent sale of the Series 2004E Bonds to the Underwriter pursuant to a Purchase Contract (the "2004B Purchase Contract"), among the Authority, the Agency and the Underwriter; and WHEREAS the proceeds of the Series 2004 Bonds will be used to refund the Authority's outstanding City of Palm Springs Financing Authority Local Agency Revenue Bonds, 1994 Series A, and City of Palm Springs Financing Authority Local Agency Subordinate Revenue Bonds, 1994 Series B (collectively, the "Series 1994 Bonds")pursuant to one or more escrow deposit and trust agreements between the Authority, the Agency and BNY Western Trust Company, as escrow agent (collectively, the "Escrow Agreements"); and WHEREAS the Agency has caused an Official Statement, in preliminary form, relating to the Series 2004 Bonds (the "Official Statement") to be submitted to the Authority for approval for distribution to purchasers of the Series 2004 Bonds; and 1003/067/30969 01 N WHEREAS the Board of Directors, with the aid of its staff, has reviewed the 2004A Purchase Contract, the 2004B Purchase Contract and the preliminary Official Statement and wishes to approve and confirm the foregoing, as well as the other matters set forth below, in the public interests of, and for significant public benefits to, the Agency and the City of Palm Springs; NOW THEREFORE BE IT RESOLVED by the Board of Directors of the City of Palm Springs Financing Authority as follows: Section 1. The Authority hereby authorizes the purchase of the Series 2004A Bonds by the Authority from the Agency 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 the Treasurer of the Authority (the "Treasurer"), including any modifications necessary to implement the private placement of all or a portion of the Series 2004A Bonds, and the execution thereof shall be conclusive evidence of such approval. The Authority hereby delegates to the Executive Director or the Treasurer (or his written designee) the authority to accept an offer from the Underwriter to purchase the Series 2004A Bonds from the Authority and to execute the 2004A Purchase Contract for and in the name and on behalf of the Authority; 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 2. The Authority hereby authorizes the purchase of the Series 2004B Bonds by the Authority from the Agency for concurrent resale by the Authority to the Underwriter pursuant to and in accordance with the 2004B Purchase Contract in substantially the form on file with the Secretary together with any additions thereto or changes therein approved by the Treasurer of the Authority (the "Treasurer"), including any modifications necessary to implement the private placement of all or a portion of the Series 2004B Bonds, and the execution thereof shall be conclusive evidence of such approval. The Authority hereby delegates to the Executive Director or Treasurer (or his written designee) the authority to accept an offer from the Underwriter to purchase the Series 2004B Bonds from the Authority and to execute the 2004B Purchase Contract for and in the name and on behalf of the Authority; 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 2004B Bonds. Section 3. The Escrow Agreements relating to the refunding of the Series 1994 Bonds, substantially in the form on file with the Secretary of the Authority, together with any additions or changes thereto approved by the Executive Director or Treasurer of the Agency, are hereby approved. The Executive Director or the Treasurer of the Authority are hereby authorized and directed to execute the Escrow Agreements for and in the name and on behalf of the Authority, the execution thereof to be deemed conclusive evidence of such officer's approval thereof. 2 1003/067/30969.01 Section 4. The Official Statement relating to the Series 2004 Bonds, together with such amendments and supplements as shall be necessary or convenient to accurately describe the Series 2004 Bonds in accordance with the 2004A Purchase Contract, the 2004E Purchase Contract, this Resolution and the other related proceedings and documents, is hereby approved for distribution to the purchasers of the Series 2004 Bonds. Section 5. The Chairman, the Executive Director, the Treasurer, the Secretary and the General Counsel of the Authority and any and all other officers of the Authority are hereby authorized and directed, for and in the name and on behalf of the Authority, to do any and all things and take any and all actions, including execution and delivery of any and all assignments, certificates, requisitions, agreements notices, consents, and other documents, which they, or any of them, may deem necessary or advisable in order to consummate the sale, issuance and delivery of the Series 2004 Bonds to the Underwriter pursuant to the 2004A Purchase Contract and the 2004B Purchase Contract. Any officer of the Authority herein authorized or directed to take any action may designate another officer of the Authority 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 6. This resolution shall take effect from and after its adoption. ADOPTED this_day of , 2004. AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS FINANCING AUTHORITY By Secretary Chairman REVIEWED AND APPROVED AS TO FORM: 3 1003/067/30969.01