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HomeMy WebLinkAbout7/24/2002 - STAFF REPORTS DATE: JULY W 2002 TO: CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY FROM: DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT INITIATION OF REDEVELOPMENT PLAN AMENDMENTS TO REESTABLISH EMINENT DOMAIN AUTHORITY IN REDEVELOPMENT PROJECT AREAS RECOMMENDATION: Staff recommends the following: 1. That the City Council of the City of Palm Springs ("City Council") adopt the resolution initiating the First Amendment to the Merged Redevelopment Plan for the Merged Redevelopment Project Area No. 1, and setting the date and time for a joint public hearing. 2. That the Community Redevelopment Agency of the City of Palm Springs ("CRA") adopt the resolution setting the date and time for a joint public hearing to consider the First Amendment to the Merged Redevelopment Plan for the Merged Redevelopment Project Area No. 1, and approving and transmitting its Report to the City Council related thereto. 3. That the City Council adopt the resolution initiating the First Amendment to the Merged Redevelopment Plan for the Merged Redevelopment Project Area No. 2, and setting the date and time for a joint public hearing. 4. That the CRA adopt the resolution setting the date and time for a joint public hearing to consider the First Amendment to the Merged Redevelopment Plan for the Merged Redevelopment Project Area No. 2, and approving and transmitting its Report to the City Council related thereto. 5. That the City Council conduct a public hearing and adopt the resolution initiating the Second Amendment to the Merged Redevelopment Plan for the Merged Redevelopment Project Area No. 2, and adopt procedures for the formation and election of a project area committee for the Tahquitz-Andreas Constituent Redevelopment Project Area. SUMMARY: These actions commence the Redevelopment Plan Amendment process by setting the public date for the adoption of the amendments, as well as adopting the policies and procedures for the creation of a project area committee in the former Tahquitz-Andreas area. BACKGROUND: When originally adopted, all of the CRA's 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 allottees, all property within the Project Areas could have been acquired by condemnation. 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. With the exception of the Canyon Constituent Redevelopment Plan, which reaches its eminent domain time limit on July 19, 2003, eminent domain authority has expired in all of the Project Areas. The CRA is proposing a series of amendments to reestablish eminent domain authority. With the exception of the Tahquitz-Andreas Constituent Project Area, staff sees no need to condemn residential property, and is recommending that residential property be exempt from condemnation. Because there is the potential that residential property could be acquired in the Tahquitz-Andreas Constituent Project Area, staff is recommending the CRA retain residential eminent domain authority in that area. Undertaking these amendments requires the CRA and City Council to conduct three separate redevelopment plan amendments. The first two amendments would involve extension of nonresidential eminent domain authority for Merged Project Area No. 1 and a portion of Merged Project Area No. 2. These initial amendments require the CRA and City Council to review the merits of the Amendment at a duly noticed joint public hearing. Because residential property would be exempt from condemnation, no project area committee would need to be formed under Redevelopment Law. The two "First Amendments"to both Merged Redevelopment Plans would take a few months to complete. The final amendment, specifically the Second Amendment to the Merged Project Area No. 2, would be conducted under a separate schedule due to requirements in Redevelopment Law. Because residential property would be subject to eminent domain in the Tahquitz-Andreas Constituent Project Area, Redevelopment Law requires the City Council to call for the election of a project area committee ("PAC")to advise the Council on the amendment. The PAC election and review process is anticipated to take approximately 6-8 months to complete, followed by City Council/CRA consideration of the amendment. Attached to this staff report are three City Council resolutions and two CRA resolutions to initiate all three amendments. For the two "First Amendments", the CRA and City Council need to adopt resolutions setting the date and time of a joint public hearing for September 4, 2002. In addition, Agency staff and consultants have prepared the CRA's Report to the City Council for both of these amendments, which need to be approved by the CRA and transmitted to the City Council prior to the public hearing. Both of the CRA's Reports to the City Council contain the reasons for the proposed amendments, examples of the blighting conditions that persist in the Project Areas, and the Negative Declaration on the proposed Amendments. As stated in the Reports, eminent domain, though rarely used by the CRA, 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 Reports would be made available to the public for inspection prior to the public hearing. The City Council needs to initiate the final amendment by conducting a public hearing on the approval of a procedure for formation and election of the PAC. The PAC would be formed by an election, with residents, property owners, business owners, and representatives of existing community organizations from the Tahquitz-Andreas area eligible to run and vote for PAC representatives. Staff and consultants are recommending a 7-member PAC be formed, consisting of three residential tenants, two business owners, one residential property owner and one community organization. (The breakdown of PAC membership is based on an analysis of existing land uses and residential owners versus renters.) Two noticed meetings would be conducted as a part of the formation process. Notice of the formation meetings would be mailed to all residents, property owners, business owners, and community organizations in the Tahquitz-Andreas Constituent Project Area. JOHN S. RAYMOND Director of Comrr unity and Economic Development Executive Directors ATTACHMENTS: 1. Resolutions (Agency and City) 2. Report to the City Council— First Amendment to Merged PA No. 1 3. Report to the City Council — First Amendment to Merged PA No. 1 4. Procedure for Formation and Election of a Project Area Committee for the Second Amendment to the Merged PA No. 2 (Tahquitz-Andreas Constituent Project Area) 5. Notice of City Council public hearing for adoption of Procedure for Formation and Election of a Project Area Committee for the Second Amendment to the Merged PA No. 2 (Tahquitz-Andreas Constituent Project Area) SECOND AMENDMENT TO THE MERGED REDEVELOPMENT PLAN FOR THE MERGED REDEVELOPMENT PROJECT NO. 2 (TAHQUITZ-ANDREAS CONSTITUENT AREA) The Redevelopment Plan for the Tahquitz-Andreas Constituent Area of the Merged Redevelopment Project No. 2, as was established on July 19, 1983 by Ordinance No. 1187; amended by Ordinance No. 1489 on December 21, 1994, and Ordinance 1576 on December 15, 1999; and merged on May 26, 2000 by Ordinance 1538 (the "Plan"), is hereby further amended as follows: Section 309 of the Plan is hereby amended to read as follows: 111. (309) Real Property Except as specifically exempted herein, the Agency may acquire, but is not required to acquire, any real property located in the Project Area by any means authorized by law. The Agency may acquire any interest in real property, including without limitation fee simple, leasehold; or any option to acquire. It is in the public interest and is necessary in order to eliminate the conditions requiring redevelopment and in order to execute this Plan for the power of eminent domain to be employed by the Agency to acquire real property in the Project Area which cannot be acquired by gift, devise, exchange, purchase or other lawful method nrneeed;,..,... :f.sed, „,.usi be .,.,nini,,v.ee4 within i„ „A ,. (10) . ftem Except as otherwise provided herein, or otherwise provided by law, no eminent domain proceeding to acquire property within the Tahguitz Andreas Constituent Area shall commence after twelve (12) Vears followinz the date of the adoption of the ordinance approving and adopting the Second Amendment to the Merged Redevelopment Plan. Such time limitations may be extended only he amendment of this Redevelopment Plan." Eminent domain proceedings shall not be used to acquire lands owned in common by the Agua Caliente Band of Mission Indians or the fee interest in lands owned by individual Indian allottees•. Further, eminent domain shall not be used to acquire leases on land owned by individual allottees of the Agua Caliente Band of Cahuilla Indians•without the express written permission of the individual allottee and the Bureau oflndian Affairs. The Agency shall not acquire real property to be retained by an owner pursuant to a participation agreement if the owner fully performs under the agreement. The Agency is authorized to acquire structures without acquiring the land upon which those structures are located The Agency Community Redevelopment Agency of the City of Palm Springs Second Amendment to the June 11, 2002 Merged Redevelopment Plan./or P WSGNdmSprbg..ITa/guinh Ar�dremllnd4m�u2.dx -Pagel oft- MergedRedevelopmeut Project No. 2 is authorized to acquire either the entire fee or any other interest in real property less than a fee. 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; (b) the site, or lot on which the building is situated requires modification in size, shape or use; or (c) it is necessary to improve upon such property any of the controls, limitations, restrictions and requirements of this Plan, and the owner fails or refuses to execute a participation agreement in accordance with the provisions of this Plan. The Agency is not authorized to acquire real property owned by public bodies which do not consent to such acquisition. The Agency is authorized however, to acquire public property transferred to private ownership before redevelopment of the Project Area is completed unless the Agency and the private owner enter into a participation agreement and the owner completes his responsibilities under the participation agreement. " Community Redevelopment Agency of the City of Pahn Springs SecondAmendment to the June 11, 2002 Merged Redevelopment Plan for F.VVGNd.S,,m,ITA,,L&A.,dM.Uu &I.'4,a.da -Page 2of2- Merged Redevelopment Project No. 2 EXHIBIT"B" PROCEDURE FOR FORMATION AND ELECTION OF A PROJECT AREA COMMITTEE FOR THE PROPOSED SECOND AMENDMENT TO THE MERGED REDEVELOPMENT PLAN FOR MERGED REDEVELOPMENT PROJECT AREA NO. 2 C m A - 6 Second Amendment to the Merged Redevelopment Project No. 2 (Tahquitz-Andreas Constituent Area) Procedure for Formation and Election of a Project Area Committee Community Redevelopment Agency of the City of Palm Springs 3200 Tahqut Canyon Way Palm Springs, Califomia 92262 Rosenow Spevacek Group,Inc. 217 North Main Street, Suite 3000 Santa Ana, California 92701 Phone: (714) 541-4585 Fax: (714) 836-1748 E-Mail: info@webrsg.com cra rz - 7 I. [1001 GENERAL A. [1011 Purpose This document establishes procedures for formation of a project area committee (`PAC") for the Tahquitz-Andreas Constituent Area of the Merged Redevelopment Project No. 2. The proposed Amendment would result in the following modifications to the existing Community Development Plan: 1. Increase the Community Development Plan's existing limit on the amount of tax increment revenue that may be collected by the Agency; 2. Increase the Community Development Plan's existing limit on the amount of bonded indebtedness that may be outstanding at any one time; 3. Extend the Community Development Plan's time limit to incur indebtedness from 4. Reestablish the Community Development Plan's authority to acquire property by eminent domain; and 5. Update other technical provisions of the Community Development Plan. A map identifying the Tahquitz-Andreas Constituent Area is attached hereto as Exhibit A and is referred to herein as the Project Area. Section 33385 of the Community Redevelopment Law (California Health and Safety Code 33000 et sea.• herein referred to as the "Redevelopment Law")provides that the City Council of the City of Palm Springs may establish a procedure for formation of the PAC. The procedures presented herein shall be used to govern formation and election of the PAC. B. [1021 Authority This Procedure was approved and adopted on [-] by Resolution No. [ ] of the City Council of the City of Palm Springs after a duly noticed public hearing. C. [1031 Definitions For the purposes herein: 1. "Agency" means the Community Redevelopment Agency of the City of Palm Springs, a public body, corporate and politic, which exercises powers as a redevelopment agency under the Redevelopment Law. _ a -o - 1 - 2. "Business" means any lawful activity, whether or not carried on for profit, which is conducted within the Project Area, as further defined herein, for(i) the purchase, sale, lease, or rental of tangible or intangible personal property (a"Retail Business"); (ii)the manufacture, processing or marketing of products, commodities or any other personal property (a"Manufacturing Business"); or(iii)the sale of services to the public (a"Service Business"). Business also includes any property owner that is a Person, as further defined herein, who owns the real property in the Project Area, who does not use the real property for their primary residence. Such real property includes residential nonowner occupied property, industrial property, retail property, and other commercial property. 3. "City" means the City of Palm Springs, California, a municipal corporation. 4. "City Council" means the City Council of the City, exercising powers as the legislative body under the Redevelopment Law. 5. "Existing Community Organization" means any nonprofit association of Persons organized for religious, entrepreneurial, scientific, educational, literary or other purposes, which conducts its regularly scheduled meetings within the boundaries of the Project Area and uses an address located within the Project Area for its office or headquarters. 6. "PAC Application" means the Statement of Interest and Qualifications enclosed herein as Exhibit`B." 7. "PAC Election" means the meeting to elect PAC members as described in Section 500 of this Procedure. 8. "Person" means, but is not limited to, an individual, household, family, proprietorship, partnership, business trust,joint venture, syndicate, corporation, or association. 9. "Procedure" means this Procedure for Formation and Election of a Project Area Committee, 10. "Project" means the Merged Redevelopment Project No.2. 11. "Project Area" means the Tahquitz-Andreas Constituent Area shown on the Project Area Map attached hereto as Exhibit"A". 12. "Project Area Committee" or"PAC" means the committee formed and selected in accordance with Section 33385, et seq., of the Redevelopment Law and the procedure set forth herein. 13. "Resident" means a Residential Owner-Occupant or Residential Tenant. erGi_ - C - 14. "Residential Owner-Occupant" means a person who owns a dwelling unit in the Project Area and occupies such dwelling unit as the person's permanent residence and usual place of abode. 15. "Residential Tenant" means a person who rents a dwelling unit in the Project Area pursuant to a rental agreement and has occupied such dwelling unit as a permanent residence and usual place of abode for not less than twenty-nine (29) days prior to the submittal of a completed PAC application as described in Section 501 herein. H. [2001 PUBLIC MEETINGS A. [2011 Meetings The Agency staff shall conduct at least one public informational meeting to: • *Explain the establishment and functions of the PAC, and the opportunity to serve on the PAC. • •Dirtri'bute and make available to each attendee: (i) a copy of Article 6.5 of the Redevelopment Law (Sections 33385-33388); (ii) a copy of Sections 33347.5 and 33366 of the Redevelopment Law; (iii) a copy of this procedure; (iv) a copy of the Preliminary Plan for the Project Area; (v) applications for PAC membership; and (vi) any other materials the Agency determines would be useful. Not less than fourteen (14) days following the informational meeting, a separate public meeting shall be conducted to elect members of the PAC. Both the informational and election meetings shall be held in the Project Area. The date, time and place of the informational and election meetings will be scheduled by the City Clerk, in accordance with the process more particularly set forth in Section 500, et seq., herein. B. [2021 Presentation of PAC to City Council The Agency shall present the results of the PAC Election to the City Council at a regular meeting of the City Council following the PAC Election, which date shall be announced at the PAC Election meeting. The City Council shall adopt a finding that all the relevant portions of this Procedure regarding the election were followed and shall determine the validity of any properly filed challenges to the PAC Election within the time required by law and as set forth in Section 606 of this Procedure. III. [300] NOTICE OF MEETINGS, HEARINGS, AND PLEBISCITES The Agency shall publish notice of all meetings, hearings, or plebiscites conducted by the Agency or the City Council, or on behalf of the City Council or Agency, (% ('(, -GL, /0 - 3 - relative to the formation and selection of the PAC, and the opportunity to serve on the PAC in the same manner as specified in Subdivision (a) of Section 65090 of the Government Code. A. [301] Publication of Opportunity to Serve The Agency shall publicize the opportunity to serve on the PAC by mailing written notice of the opportunity to serve to all Residents, Businesses, and Existing Community Organizations in the Project Area. This notice shall be mailed by Second-class mail at least thirty (30) days prior to the formation of the PAC. B. [302] Publication of Notice The Agency shall publish notice of each meeting, hearing, or plebiscite relative to the formation and selection of the PAC at least one time in a newspaper of general circulation in the City at least ten (10) days prior to the date for each meeting, hearing, or plebiscite. The notice shall include: (1) the date, time, and place of each meeting, hearing, or plebiscite, (2)the identity of the body conducting such meeting, hearing, or plebiscite, (3) a general explanation of the matters to be considered, (4) a general description of the Project Area, in text or by diagram, (5) a statement that a PAC will be formed for the Project Area, (6) a general description of the duties of PAC members, and (7) a general statement of the criteria for eligibility to vote for PAC members and serve on the PAC. C. [303] Notice by Mail The Agency shall mail written notice to all Residents, Businesses, and Existing Community Organizations in the Project Area of all meetings, hearings, or plebiscites conducted by, or on behalf of, the Agency or the City Council relative to the formation and selection of the PAC (following the approval of this Procedure). This mailed notice requirement shall only apply if mailing addresses of all Residents, Businesses, Existing Community Organizations, or of all occupants, are obtainable by the Agency at a reasonable cost. The notice shall be mailed by Second-class mail, but may be addressed to"occupant." In lieu of providing separate notice for each meeting, hearing, or plebiscite, the Agency may provide a single notice pursuant to this Section 303 stating all dates, times, and locations of any meetings, hearings, and plebiscites relative to the formation and selection of the PAC. If the Agency has acted in good faith to comply with the notice requirements of this Section 303, the failure of the Agency to provide the required notice to Residents, Businesses, or Existing Community Organizations unknown to the Agency or whose addresses could not be obtained at a reasonable cost, shall not, in and of itself, invalidate the formation or actions of the PAC. D. [304] Other Forms of Notice In addition to the notice required by Sections 301, 302, and 303, the Agency may post notices, distribute flyers, purchase radio or newspaper display advertisements or undertake such other actions as it deems necessary or desirable to further inform Residents, Businesses, and Existing Community Organizations of the formation of the PAC. E. [3051 Foreign Languages Any of the notices or announcements required herein may be translated into another language if the Agency determines that such translation is necessary to effectively publicize the opportunity to serve on the PAC and participate in the formation and selection of the PAC. IV. 14001 COMPOSITION OF PAC MEMBERSHIP A. 14011 Categories Subject to the remaining provisions of this Section 401, the PAC is to be composed of a maximum of seven (7) members which shall include the number of representatives listed in each of the following categories: Note: Because of the voluntary nature of participation in the PAC as well as other constraints, it is possible that the number of representatives in one or more of the categories or the total membership may be below those levels set forth in the preceding portion of this Section 401. Such circumstances will not affect conduct of business by the PAC. Notwithstanding any other provision of this Procedure, a quorum for all PAC meetings shall be determined by the total number of PAC representatives elected to serve in accordance with this Procedure. Category Number of Representatives Residential Owner-Occupant 1 Residential Tenant 3 Business Owner 2 Existing Community Organization 1 TOTAL 7 B. [4021 Existing Community Organization/Appointment of Representative Each Existing Community Organization elected to serve on the PAC pursuant to Part V of this Procedure shall appoint one of its members to serve on the PAC. An alternate may also be appointed to serve on the PAC in the event that the original representative is unable to attend a PAC meeting. However, in no event shall more than one member of the Existing Community Organization attend the PAC meetings in his/her representative capacity. C. [4031 Vacancies in Membership Categories --Adjustment of Composition of PAC; Succession C ,� C , _ a ! If, at the time of formation of the PAC, an insufficient number of candidates are elected to represent each category of membership on the PAC, such seats may remain vacant until qualified and eligible candidates are selected in the manner provided by this Procedure. The existence of any vacancies shall not prevent formation of the PAC or the conduct of business by the PAC. If a vacancy should remain or occur after the formation of the PAC, the PAC shall by a vote of its remaining members determine which person(s) shall fill the categories or positions which are vacant thereby expanding membership to its maximum membership as provided under Section 401. Such determination shall be made pursuant to such process as the PAC shall deem appropriate, and without the mailing of notices required pursuant to Section 303 of this Procedure concerning the original establishment of the PAC. V. [500] ELECTION PROCEDURE A. [501] PAC Applications A candidate for PAC membership must submit a completed PAC Application to the Agency office, which application must be received by the Agency two days prior to the PAC Election. If no PAC Application is received for any membership category by such date, nominations, including self-nomination, for that membership category may be made the night of the PAC Election. Any such nominees are eligible for election, provided they meet the eligibility requirement for PAC membership under Section 600. A copy of the PAC Application is attached hereto as Exhibit`B" and incorporated herein by this reference. All submitted PAC Applications shall be available to the general public for review beginning on the business day following submittal, and shall be available at the election meeting described in Section 201 above, and at the Agency office prior to such meeting. The Agency office is located at the 3200 Tahquitz Canyon Way, Palm Springs, California 92262. VI. [600] ELIGIBILITY REQUIREMENTS FOR PAC MEMBERSHIP Upon submittal of a PAC Application, candidates for PAC membership must present evidence that they are eighteen (18)years of age or older. Candidates are advised that the Fair Political Practices Agency requires elected PAC Members to complete Statements of Economic Interest which disclose certain personal financial information concerning such PAC member. Candidates may only run for one category of PAC membership and must present a valid California identification card, drivers license, military identification, or similar identification and the following evidence as eligibility for the applicable category: 1. Residential Owner-Occupant: Recorded grant deed or property tax bill. 2. Residential Tenant: Executed rental agreement or rent receipt. C `c-, a - ! .3 3. Business Owner: Business license issued by State of California or City, City Business Tax Certificate, or proof of ownership of real property which is not used for primary residency in the Project Area. 4. Existing Community Organization: Each of the following: (i) proof of existence of the organization as of the time of the PAC informational meeting, (ii) proof of existence and operation within the Project Area, such as articles of incorporation, bylaws or business license, and (iii) a resolution of the board of directors of such organization authorizing a representative or alternate to act on its behalf. A. [6011 Voter Registration Absentee voting is not permitted. Anyone desiring to vote at the PAC Election must attend the PAC Election meeting and register prior to, or at, the PAC Election by providing satisfactory evidence to the Agency staff that he or she is (1) at least eighteen (18)years of age or older and (2) is a Residential Owner-Occupant or Residential Tenant or Business Owner in the Project Area, or is the authorized representative (as evidenced by a letter) of a Business or Existing Community Organization within the Project Area. Only one individual may vote on behalf of any Residential Owner-Occupant, Residential Tenant, Business or Existing Community Organization. Any of the following documents, where appropriate to the category of the voter, may be provided as evidence of eligibility to vote: 1. Residential Owner-Occupant: Recorded grant deed, property tax bill or other official documentation. 2. Residential Tenant: Executed rental agreement, rent receipt, or other official documentation. 3. Business Owner: Business license issued by State of California or City, City Business Tax Certificate, or other proof of ownership of real property which is not used for primary residency in the Project Area. 4. Existing Community Organization: Each of the following: (i) proof of existence of the organization as of the time of the PAC informational meeting, (ii)proof of existence and operation within the Project Area, such as articles of incorporation, bylaws or business license, and(iii) a resolution of the board of directors of such organization authorizing a representative or alternate to act on its behalf. B. [6021 Candidate Speeches All candidates for each PAC membership category (i) Residential Owner- Occupant, (ii)Residential Tenant, (iii) Business, (iv)Existing Community Organization shall be given an opportunity to make a speech at the PAC Election meeting. A time limit of three (3) minutes is established for each speech. If a candidate is unable to attend the election meeting, the candidate may designate a representative to make their speech. Reasonable rules of order(in the event of dispute, Roberts Rules of Order are to be used) will be applied, considering the number of candidates running in the PAC Election. C. [603] Voting Categories Each voter may cast ballots for representatives of that voter's PAC membership category and for the category of Existing Community Organization. Voters who have qualified to vote as Residential Owner-Occupants shall be entitled to vote for representatives of the Residential Owner-Occupant category. Voters who have qualified to vote as Residential Tenants shall be entitled to vote for representatives of the Residential Tenant category. Voters who have qualified to vote as representatives of Businesses shall be entitled to vote for representatives of the Business Owner category. Residential Owner-Occupant, Residential Tenants, and Businesses shall also be entitled to vote for the Existing Community Organization category. Voters who have qualified to vote as representatives of Existing Community Organizations are entitled to vote for that category only. D. [604] Balloting Ballots shall be provided to registered voters for each PAC membership category, i.e., a Residential Owner-Occupant ballot, a Residential Tenant ballot, a Businesses ballot, and an Existing Community Organizations ballot. Voting shall be conducted by secret ballot. Agency staff shall serve as authorized election assistants to collect and tally the ballots. The Agency shall ensure secrecy of the ballot by requiring each ballot to be folded and passed to an authorized election assistant. The election assistants shall tally the ballots at the PAC Election meeting. E. [605] Results/Runoffs The Agency staff shall announce the results of the PAC Election at the PAC Election meeting when the ballots are tallied. If a runoff is necessary, it shall be announced immediately. At the PAC Election meeting, Agency staff shall announce that the results and ballots shall be maintained by the Agency for presentation to the City Council. F. [606] Challenges/Validity Any challenge to the PAC Election or to the electoral procedures followed in connection with the PAC Election shall be filed with the City Council within fifteen (15) calendar days following the PAC Election. The City Council shall review disputed elections by considering all challenges so filed and will determine the validity of those challenges within thirty (30) days following the PAC Election. VII. [700] SPECIAL PROVISIONS A. [701] Compensation of PAC Members The members of the PAC shall serve without compensation. r/� I � B. [7021 Amendment of Procedure The procedure established herein may be amended from time to time by resolution of the City Council. EXHIBIT "A" PROJECT AREA MAP TAHQUITZ-ANDREAS CONSTITUENT AREA OF THE MERGED REDEVELOPMENT PROJECT NO. 2 EXHIBIT `B" STATEMENT OF INTEREST AND QUALIFICATIONS PROJECT AREA COMMITTEE APPLICATION SECOND AMENDMENT TO THE MERGED REDEVELOPMENT PROJECT NO. 2 This Information Will Be Made Available to Voters Before the Election (Please Print and Check the Appropriate Boxes) To the City Council of the City of Palm Springs: I, would like to volunteer to run for election to the Second Amendment Project Area Committee at the election meeting to be held on . I would like to be elected for the following category: [CHOOSE ONE ONLY] [ I Residential Owner-Occupant [ I Residential Tenant [_] Business Owner [� Existing Community Organization I CERTIFY THAT WITHIN THE TAHQUITZ-ANDREAS CONSTITUENT AREA OF THE MERGED PROJECT AREA NO. 2 BOUNDARIES [Choose One Onlvl 1. I am a Residential Owner-Occupant because I own and reside in residential property located at the following address: and have attached a copy of my recorded grant deed or property tax bill as evidence. 2. I am a Residential Tenant because I rent a dwelling unit and have occupied the dwelling unit as my permanent residence and usual place of abode for not less than twenty-nine (29) days. I reside at the following address: and have attached an executed rental agreement or rent receipt as evidence. 3. I am a Business Owner, or authorized representative of such Business, or own real property which is not my residence. The name and address of the business is: and have attached Business license issued by State of California or City, City Business Tax Certificate, or other proof of ownership of real property which is not used for primary residency in the Project Area as evidence. c. �'+ - I 4. I am a member of an Existing Community Organization for either a service club a church group [_], a neighborhood organization [_], or other community organization [_], which conducts its regularly scheduled meetings within and uses an address located within the Project Area, and am eligible to vote as a unit member. I have attached an official letter or resolution from the organization, on their letterhead, authorizing me to represent them. The name, address, and description of this community organization is: The reasons I would like to serve on the Project Area Committee are as follows (include prior experience in community affairs and/or other qualifications to serve on the Project Area Committee, and attach additional sheet, if necessary): I acknowledge that if elected as a PAC member, I will be required to complete a Statement of Economic Interest that discloses certain personal financial information concerning any financial interests I have in the Project Area(and my family and spouse, if applicable). I possess all the necessary qualifications to serve as a representative on the Project Area Committee and will participate in the regular PAC meetings. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct: Date and Place Signature Residence Address Qualifying Address (Address of Residence/Business/Existing Community Organization, whichever is applicable) Mailing Address Daytime Telephone Number Evening Telephone Number To be eligible for Project Area Committee membership, this completed application must be returned to and received by the Office of the City Clerk, 3200 Tahquitz Canyon Way, Palm Springs, California 92262, no later than 5:00 p.m. on October 31, 2000. Any applications received after those times will be put on file for consideration for future Project Area Committee vacancies. FIRST AMENDMENT TO THE MERGED REDEVELOPMENT PLAN FOR THE MERGED REDEVELOPMENT PROJECT NO. I (CENTRAL.BUSINESS DISTRICT CONSTITUENT AREA) The Redevelopment Plan for the Central Business District Constituent Area of the Merged Redevelopment Project No. 1, as was established on July 11, 1973 by Ordinance No. 959; amended by Ordinance No. 1276 on November 11, 1986, Ordinance No. 1497 on December 21, 1994, and Ordinance 1576 on December 15, 1999; and merged on May 26, 2000 by Ordinance 1538 (the"Plan"), is hereby further amended as follows: Section 410.1 of the Plan is hereby amended to read as follows: 11 1. (410.1)Acquisition o Property Except as specifically exempted herein, the Agency may acquire, but is not required to acquire, any real property located in the Project Area, by gift, devise, exchange,purchase, eminent domain, or any other lawful method. The_Agency may only use eminent domain to acquire nonresidential property. Except as otherwise provided herein, or otherwise provided by law, no eminent domain proceeding to acquire property within the CBD Constituent Area shall commence alter twelve (12) years following date of the adoption of the ordinance a pp roving and adopting the First Amendment to the Merged Redevelopment Plan. Such time limitations may be extended only be amendment of this Redevelopment Plan. " `Q ` U Connnunity Redevelopuietit Agency of the City ofPahn Springs First Amendment to the June 11, 2002 Merged Redevelopment Plan for P -Pagel of12- Merged Redevelopment Project No, 1 FIRST AMENDMENT TO THE MERGED REDEVELOPMENT PLAN FOR THE MERGED REDEVELOPMENT PROJECT NO. I (SOUTH PALM CANYON CONSTITUENT AREA) The Redevelopment Plan for the South Palm Canyon Constituent Area of the Merged Redevelopment Project No. 1, as was established on November 30, 1983 by Ordinance No. 1203; amended by Ordinance No. 1494 on December 21, 1994, and Ordinance 1576 on December 15, 1999; and merged on May 26, 2000 by Ordinance 1538 (the "Plan"), is hereby further amended as follows: Section 309 of the Plan is hereby amended to read as follows: 111. (309) Real Property Except as specifically exempted herein, the Agency may acquire, but is not required to acquire, any real property located in the Project Area by any means authorized by law. The Agency may acquire any interest it? real property, including without limitation fee simple, leasehold, or any option to acquire. It is in the public interest and is necessary in order to eliminate the conditions requiring redevelopment and in order to execute this Plan for the power of eminent domain to be employed by the Agency to acquire real property in the Project Area which cannot be acquired by gift, devise, exchange, purchase or other lawful method proceedings, if used mus! he eommeneed within Ak, the tkito the ardManee ,.,7..,,/ing this Plan 1.,,,.,.,, e effiefi4,,. Except aS otherwise provided herein, or otherwise provided by law, no eminent domain proceedingto acquire property within the South Palm Canes Constituent Area shall commence after twelve (12) ears! following the date of the adoption of the ordinance approving and adopting the First Amendment to the Merged Redevelopment Plan. Such time limitations may be extended only be amendment of this Redevelopment Plan. " The Agency may only use eminent domain to acquire nonresidential property. Eminent domain proceedings shall not be used to acquire lands owned in common by the Agua Caliente Band of Cahuilla Indians or the fee interest in lands owned by individual Indian allottees. Further, eminent domain shall not be used to acquire leases on land owned by individual allottees of the Agua Caliente Band of Cahuilla Indians without the express written permission of the individual allotttee and the Bureau of Indian Affairs. The Agency shall not acquire real property to be retained by an owner pursuant to a participation agreement if the owner fully performs under the agreement. The Agency is authorized to acquire structures without O'c _a_ I Community Redevelopment Agency ofthe City of Palm Springs First Amendment to the Jame 11, 2002 Merged Redevelopment Plan for P WSGWdmSprrnRslOtlmr GOFlmerulmemal/aWmdpnldx -Page 2 of12- Merged Redevelopment Project No. I acquiring the land upon which those structures are located. The Agency is authorized to acquire either the entire fee or any other interest in real property less than a fee. 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; (b) the site, or lot on which the building is situated, requires modification in size, shape or use; or (c) it is necessary to improve upon such property any of the controls, limitations, restrictions and requirements of this Plan, and the owner fails or refuses to execute a participation agreement in accordance with the provisions of this Plan. The Agency is not authorized to acquire real property owned by public bodies which do not consent to such acquisition. The Agency is authorized, however, to acquire public property transferred to private ownership before redevelopment of the Project Area is completed, unless the Agency and the private owner enter into a participation agreement and the owner completes his responsibilities under the participation agreement. ' Community RedevelopmenlAgeney of the City ofPahn Springs First Amendment to the June 11, 2002 Merged Redevelopment Plan for a -Page 3 of 12- Merged Redevelopment Project No. I FIRST AMENDMENT TO THE MERGED REDEVELOPMENT PLAN FOR THE MERGED REDEVELOPMENT PROJECT NO. 1 (RAMON-BOGIE CONSTITUENT AREA) The Redevelopment Plan for the Ramon-Bogie Constituent Area of the Merged Redevelopment Project No. 1, as was established on November 30, 1983 by Ordinance No. 1202; amended by Ordinance No. 1490 on December 21, 1994, and Ordinance 1576 on December 15, 1999; and merged on May 26, 2000 by Ordinance 1538 (the "Plan"), is hereby further amended as follows: Section 309 of the Plan is hereby amended to read as follows: 111. (309) Real Property Except as specifically exempted herein, the Agency may acquire, but is not required to acquire, any real property located in the Project Area by any means authorized by law. The Agency may acquire any interest in real property, including without limitation fee simple, leasehold or any option to acquire. It is in the public interest and is necessary in order to eliminate the conditions requiring redevelopment and in order to execute this Plan for the power of eminent domain to be employed by the Agency to acquire real property in the Project Area which cannot be acquired by gift, devise, exchange, purchase or other lawful method Eminent doin—, Except as otherwise provided herein, or otherwise provided by law, no eminent domain proceeding to acguire property within the Ramon-Bogie Constituent Area shall commence after twelve (12) years followitig the date of the adoption of the ordinance a pp roving, and adopting the First Amendment to the Merged Redevelopment Plan. Such time limitations may be extended only be amendment of this Redevelopment Plan." The Agency may only use eminent domain to acquire nonresidential proper . Eminent domain proceedings shall not be used to acquire lands owned in common by the Agua Caliente Band of Cahuilla Indians or the fee interest in lands, owned by individual Indian allottees. Further, eminent domain shall not be used to acquire leases on land owned by individual allottees of the Agua Caliente Band of Cahuilla Indians without the express written permission of the individual alloittee and the Bureau oflndian Affairs. The Agency shall not acquire real property to be retained by an owner pursuant to a participation agreement if the owner fully performs under the agreement. The Agency is authorized to acquire structures without acquiring the land upon which those structures are located The Agency Q kQ -a.- - Community Redevelopment Agency of the City of Palm Springs First Amendment to the June 11, 2002 Merged Redevelopment Plan for a wscwm„sP.;ng>iom�,eDam�„ame�r,if,amds,af.aa -Page 4 of 12- Merged Redevelopment Protect No. I is authorized to acquire either the entire fee or any other interest in real property less than a fee. 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; (b) the site, or lot on which the building is situated requires modification in size, shape or use; or (c) it is necessary to improve upon such property arty of the controls, limitations, restrictions and requirements of this Plan, and the owner fails or refuses to execute a participation agreement in accordance with the provisions of this Plan. The Agency is not authorized to acquire real property owned by public bodies which do not consent to such acquisition. The Agency is authorized however, to acquire public property transferred to private ownership before redevelopment of the Project Area is completed, unless the Agency and the private owner enter into a participation agreement and the owner completes his responsibilities under the participation agreement." Community Redavelopnlent Agency of the City ofPaltn Springs First Amendncnt to[hc June 11, 2002 Merged Redevelopment Plan for F.WSGWaI.S,,.,A01he,FDAmend.ewWM.d,.1 drc -Page 5 of 12- Merged Redevelopment Project No. l FIRST AMENDMENT TO THE MERGED REDEVELOPMENT PLAN FOR THE MERGED REDEVELOPMENT PROJECT NO. 1 (OASIS CONSTITUENT AREA) The Redevelopment Plan for the Oasis Constituent Area of the Merged Redevelopment Project No. 1, as was established on July 10, 1984 by Ordinance No. 1224; amended by Ordinance No. 1495 on December 21, 1994, and Ordinance 1576 on December 15, 1999; and merged on May 26, 2000 by Ordinance 1538 (the "Plan"), is hereby further amended as follows: Section 309 of the Plan is hereby amended to read as follows: 111. (309) Real Property Except as specifically exempted herein, the Agency may acquire, but is not required to acquire, any real property located in the Project Area by any means authorized by law. The Agency may acquire any interest in real property, including without limitation fee simple, leasehold; or any option to acquire. It is in the public interest and is necessary in order to eliminate the conditions requiring redevelopment and in order to execute this Plan for the power of eminent domain to be employed by the Agency to acquire real property in the Project Area which cannot be acquired by gift, devise, exchange,purchase or other lawful method The Av maV only use eminent domain to acquire nonresidential property. Except as otherwise provided herein, otherwise provided by law, no eminent domain proceeding to acquire property within the Oasis Constituent Area shall commence after twelve (12) ey gars following the date of the adoption of the ordinance approving and adopting the First Amendment to the Merged Redevelopment Plan Such time limitations may be extended only be amendment of this Redevelopment Plan." The Agency shall not acquire real property to be retained by an owner pursuant to a participation agreement if the owner fully performs under the agreement. The Agency is authorized to acquire structures without acquiring the land upon which those structures are located The Agency is authorized to acquire either the entire fee or any other interest in real property less than a fee. Community Redevelopment Agency ofthe City ofPalin Springs First Amendment to the June 11, 2002 Merged Redevelopment Plan for A V1SGWdmSN�ealO�M1er PD AmrrdmenvVevlmrlcml dx -Paze 6of 12 Merged Redevelonruent Prniect Nn t 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; (b) the site, or lot on which the building is situated, requires modification in size, shape or use; or (c) it is necessary to improve upon such property any of the controls, limitations, restrictions and requirements of this Plan, and the owner fails or refuses to execute a participation agreement in accordance with the provisions of this Plan. The Agency is not authorized to acquire real property owned by public bodies which do not consent to such acquisition. The Agency is authorized, however, to acquire public property transferred to private ownership before redevelopment of the Project Area is completed unless the Agency and the private owner enter into a participation agreement and the owner completes his responsibilities under the participation agreement. " Community Redevelopment Agency of the City of Palm Springs First Amendment to the June 11, 2002 Merged Redevelopment Pion for F. En Page 7of12- Merged Redevelopment Projcct No. I FIRST AMENDMENT TO THE MERGED REDEVELOPMENT PLAN FOR THE MERGED REDEVELOPMENT PROJECT NO. 1 (NORTH PALM CANYON CONSTITUENT AREA) The Redevelopment Plan for the North Palm Canyon Constituent Area of the Merged Redevelopment Project No. 1, as was established on September 19, 1984 by Ordinance No. 1227 and amended by Ordinance No. 1498 on December 21, 1994, and Ordinance 1576 on December 15, 1999; and merged on May 26, 2000 by Ordinance 1538 (the "Plan'), is hereby further amended as follows: Section 309 of the Plan is hereby amended to read as follows: 1e1. (309) Real Property Except as specifically exempted herein, the Agency may acquire, but is not required to acquire, any real property located in the Project Area by any means authorized by law. The Agency may acquire any interest in real property, including without limitation fee simple, leasehold, or any option to acquire. It is in the public interest and is necessary in order to eliminate the conditions requiring redevelopment and in order to execute this Plan for the power of eminent domain to be employed by the Agency to acquire real property in the Project Area which cannot be acquired by gift, devise, exchange,purchase or other lawful method Eminent domain proeeed#tgs- if wed must be eommeneed wiAin tweke (42)_, f, the m ,i.a ordinanee adoptingthis at t eeenle effee-tive. The Agency may only use eminent domain to acguire nonresidential property. Except as otherwise provided herein, or otherwise provided by law, no eminent domain proceethnZ to acquire proqperty within the North Palm Canyon Constituent Area shall commence after twelve (12) years following the date of the adoption of the ordinance approving and adopting the First Amendment to the Merged Redevelopment Plan Such time limitations may be extended only be amendment of this Redevelopment Plan. " The Agency shall not acquire real property to be retained by an owner pursuant to a participation agreement if the owner fully performs under the agreement. The Agency is authorized to acquire structures without acquiring the land upon which those structures are located The Agency is authorized to acquire either the entire fee or any other interest in real property less than a fee. y Community Redevelopment Agency of the City ofPabn Springs First Amendment to the June 11, 2002 Merged Redevelopment Plan for F.MG;PdmSpdngslOMm EDAmendmentsVsdm*al.da -Page 8 of 12- NlergedRedcvelopment Project No. l 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; (b) the site, or lot on which the building is situated, requires modification in size, shape or use; or (c) it is necessary to improve upon such property any of the controls, limitations, restrictions and requirements of this Plan, and the owner fails or refuses to execute a participation agreement in accordance with the provisions of this Plan. The Agency is not authorized to acquire real property owned by public bodies which do not consent to such acquisition. The Agency is authorized however, to acquire public property transferred to private ownership before redevelopment of the Project Area is completed unless the Agency and the private owner enter into a participation agreement and the owner completes his responsibilities under the participation agreement. " ca- • a Coinmunily RedevelopnmeniAgency of the City of Palm Springs First Amendment to the June 11, 2002 Merged Redevelopment Plan for A:WSGWdmSpmg.rlO�her AD AmervlmmvVeWmdAal dm -Page 9ofl2- Merged Redevelopment Project No. I FIRST AMENDMENT TO THE MERGED REDEVELOPMENT PLAN FOR THE MERGED REDEVELOPMENT PROJECT NO. 1 (HIGHLAND GATEWAY CONSTITUENT AREA) The Redevelopment Plan for the Highland Gateway Constituent Area of the Merged Redevelopment Project No. 1, as was established on November 20, 1984 by Ordinance No. 1231; amended by Ordinance No. 1491 on December 21, 1994, and Ordinance 1576 on December 15, 1999; and merged on May 26, 2000 by Ordinance 1538 (the "Plan"), is hereby further amended as follows: Section 309 of the Plan is hereby amended to read as follows: 111. (309) Real Property Except as specifically exempted herein, the Agency may acquire, but is not required to acquire, any real property located in the Project Area by any means authorized by law. The Agency may acquire any interest in real property, including without limitation fee simple, leasehold; or any option to acquire. It is in the public interest and is necessary in order to eliminate the conditions requiring redevelopment and in order to execute this Plan for the power of eminent domain to be employed by the Agency to acquire real property in the Project Area which cannot be acquired by gift, devise, exchange,purchase or other lawful method effeelive. The Agency ay on.1y use eminent domain to acquire nonresidential property. Except as otherwise provided herein or otherwise provided by law, no eminent domain proceedinjZ to acquire property within the Highland Gateway Constituent Area shall commence after twelve (12) years following the date of the adoption of the ordinance approving and adopting the First Amendment to the Merl Redevelopment Plan. Such time limitations may he extended only be amendment of this Redevelopment Plan. " Eminent domain proceedings shall not be used to acquire land within the boundaries for the first year of the project. During this period the community will review and study the impact of eminent domain on the neighborhood and intent of the project and will determine the areas within the project boundaries where the use of eminent domain will be allowed The Agency shall not acquire real property to be retained by an owner pursuant to a participation agreement if the owner frilly performs un er Community Redevelopment Agency of the City of Pahn Springs First Amendment to the June 11, 2002 Merged Redevelopment Plan for A:1WPdmSpri,,0ihe,ED AmendmrntaVst4mQual.dac -Page 10 of 12- Merged Redevelopment Projcct No. l the agreement. The Agency is authorized to acquire structures without acquiring the land upon which those structures are located The Agency is authorized to acquire either the entire fee or any other interest in real property less than a fee. 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; (b) the site, or lot on which the building is situated requires modification in size, shape or use; or (c) it is necessary to improve upon such property any of the controls, limitations, restrictions and requirements of this Plan, and the owner fails or refuses to execute a participation agreement in accordance with the provisions of this Plan. The Agency is not authorized to acquire real property owned by public bodies which do not consent to such acquisition. The Agency is authorized, however, to acquire public property transferred to private ownership before redevelopment of the Project Area is completed unless the Agency and the private owner enter into a participation agreement and the owner completes his responsibilities under the participation agreement. " Community Redevelopment Agency of the City of Palm Springs First Amendment to the June 11, 2002 ,Llerged Redevelopment Plan for a -Page 11 of12- MergedRedevelopuvenl Project No. 1 FIRST AMENDMENT TO THE MERGED REDEVELOPMENT PLAN FOR THE MERGED REDEVELOPMENT PROJECT NO. 1 (PROJECT AREA NO. 9 CONSTITUENT AREA) The Redevelopment Plan for the Project Area No. 9 Constituent Area of the Merged Redevelopment Project No. 1, as was established on December 29, 1988 by Ordinance No. 1321; amended by Ordinance No. 1496 on December 21, 1994; and merged on May 26, 2000 by Ordinance 1538 (the"Plan"), is hereby further amended as follows: Section 301 of the Plan is hereby amended to read as follows: 111. (301) Acquisition o ReaZProperfy The Agency may for purposes of redevelopment, purchase, lease, obtain option upon, acquire by gift, grant, bequest, devise, or by any other lawful means, any real or personal property, any interest in property, and any improvements on it if a determination is made by the Agency that such acquisition is necessary to implement this Plan. Such acquisition includes the employment of eminent domain proceedings, pursuant to Section 33391.(b) of the California Health and Safety Code which allows the Agency to acquire any real property which is necessary for the execution of this Plan. The Agency may only use eminent domain to acquire nonresidential property. Except as otherwise provided herein or otherwise provided by law, no eminent domain proceeding to acquire property within the Project Area No. 9 Constituent Area shall commence after twelve (12) Vears following the date of the adoption of the ordinance approving and adopting the First Amendment to the Merged Redevelopment. Such time limitations may be extended only be amendment of this Redevelopment Plan. " The Agency may also acquire property already devoted to a public use, but property of a public body shall not be acquired without its consent. The Agency may also acquire structures without acquiring the land upon which those structures are located The Agency is also authorized to acquire any other interest in real property less than full fee title. Corrmmnity Redevelopment Agency of the City ofPalnr Springs First Amendnieni to the June 11, 2002 Merged Redevelopment Plan for a:wscwmmsw�a=�oiherEDAme,vlmem=v=Wme a/a« -Page 12of12- Merged Redevelopment Project No. I Proof of Publication In Newspaper STATE OF CALIFORNIA County of Riverside Laura Reyes says: 1. 1 am a citizen of the United States, a resident of the City of Indio, County of Riverside, State of California, and over the age of 18 years. NOTICE OF PUBLIC HEARING R. I am the Office & Production Manager of NOTICE IS HEREBY GIVEN,that the City of Palm Springs will g hold a Public Hearing in the City Council Chambers,located at The Public Record, a newspaper of general 3200 Tahquit,Canyon Way,Palm Springs,California 92262, beginning im0 p.m.,Wednesday,July 24,2002,to can- circulation printed and published in the City of sitlerthe following Palm Springs, Comity of Riverside, State of 'n!tiahng the Second Amendment It [he Merged California. .Said The Public Record is a �.edevelopment Plan ch er MergedProtectAreallo2andadopt- news a of general circulation as that term ing a procedure for information and election of a Project area P P g Cammitlee(PAC) is defined in Government Code section 6000, The Community Redevelopment Agency of the City of Palm Springs("Agency")the proposes to reestablish the time limit on its status as such having been established by commencing eminent domain property within the Tereus- judicial decree of the Superior Court of the Andreas Constituent Area of the Merged Redevelopment Project Area No 2, and Section 333853 of the California State of California in and for the County of Community Redevelopment Lae,, Health and safety Code Riverside in ProceedingNo. Indio 49271, Section 33000, at sag ("Redevelopment Lai requires the CPA to establish a protect area committee for the Amendmem, dated March 31, 1987, entered in Judgment and pursuant to section 33385(b)of the Redevelopment Law, Book No. 129, page 355, on March 31, 1987. _ ben preparedure ed Ind must ben of a ed by treaty Council has p g been prepared and must be adopted by the City CouncJ at a 3. The Public Record is a newspaper of properly noticed Public Hearing All interested persons are invited to attend the Public general circulation ascertained and established Hearing and express opinions on the item listed above It you in the Cityof Palm Springs ill the C of challenge the nature of the proposed action In court,you may P o' County be limited to raising only those issues you or someone else Riverside, State of California, Case No. RIC raised at the Public Hearing described in this notice,or in wrlt- 358286 Filed June 8 2001. ten correspondence delivered Ia the City Clerk,at the address > , listed above,in or prior to the Public Hearing 4. The Notice, of which the annexed is a true Members of the public may view this documents and all referenced documenrs in the Community Redevelopment printed copy was published in the Newspaper Department, City Hall, and submit written comments to the on the following publication dates to wit: Community Redevelopment Agency at or prior to the Jul9 2002 Community Redevelopment Agency Meeting at or prior to the y , public hearing described in this notice July 16, 2002 Furtherinformation,including a copy of the Procedures, di I certify under penalty of perjury that the Proposed Plan Amendment and Safety Code Section 33853cand dance with Health and Sate Code Section 3ed inr and above is true and correct. 33385(b),-ls available in the Office of the City Clerk, at the Dated at Palm Springs, California this 16th Patric address - Patricia A.Sanders,City Clerk day of July, 2002. July 9,16,2002 (Lau aReyes Offi & Productlo ager i j r 11 r , rr, RESOLUTION NO. OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, SETTING THE DATE AND TIME FOR A JOINT PUBLIC HEARING ON THE FIRST AMENDMENT TO THE MERGED REDEVELOPMENT PLAN FOR MERGED REDEVELOPMENT PROJECT AREA NO. 2, AND APPROVING AND TRANSMITTING ITS REPORT TO THE CITY COUNCIL ------------------- WHEREAS, the City Council of the City of Palm Springs, California ("City Council") and the Community Redevelopment Agency of the City of Palm Springs ("CRA") desire to amend the Merged Redevelopment Plan for Merged Redevelopment Project Area No. 2 ("Plan"), and has prepared the first amendment to the Plan ("Amendment"); and WHEREAS, the Amendment proposes to reestablish the time limit on commencing eminent domain on nonresidential property within the Merged Redevelopment Project Area No. 2 (comprised of the Baristo-Farrell and Canyon Constituent Redevelopment Project Areas); and WHEREAS, pursuant to Sections 33458 and 33355 of the California Community Redevelopment Law, Health and Safety Code Section 33000 et seq. ('Redevelopment Law"), a joint public hearing on the Amendment may be held with the consent of the City Council and CRA; and WHEREAS, the CRA has prepared a report required by the Sections :33352 and 33457.1 of the Redevelopment Law. NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs as follows: SECTION 1. The above recitals are true and correct and incorporated herein. SECTION 2. Authorizes and consents to holding a joint public hearing with the City Council of the City of Palm Springs on September 4, 2002, at 7 p.m. in the Council Chambers, for the purpose of considering the proposed First Amendment. SECTION 3. Approves and transmits its Report to the City Council on the First Amendment to the Merged Redevelopment Plan for Merged Redevelopment Project Area No. 2. ADOPTED this day of , 2002. AYES: NOES: ATTEST: COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS, CALIFORNIA By Assistant Secretary Chairman n REVIEWED &APPROVED v RESOLUTION NO. OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, SETTING THE DATE AND TIME FOR A JOINT PUBLIC HEARING ON THE FIRST AMENDMENT TO THE MERGED REDEVELOPMENT PLAN FOR MERGED REDEVELOPMENT PROJECT AREA NO. 1, AND APPROVING AND TRANSMITTING ITS REPORT TO THE CITY COUNCIL WHEREAS, the City Council of the City of Palm Springs, California ("City Council") and the Community Redevelopment Agency of the City of Palm Springs ("CRA") desire to amend the Merged Redevelopment Plan for Merged Redevelopment Project Area No. 1 ("Plan"), and has prepared the first amendment to the Plan ("Amendment'); and WHEREAS, the Amendment proposes to reestablish the time limit on commencing eminent domain on nonresidential property within the Merged Redevelopment Project Area No. 1 (comprised of the Central Business District, North Palm Canyon, South Palm Canyon, Oasis, Ramon-Bogie, Highland-Gateway, and Project No. 9 Constituent Redevelopment Project Areas); and WHEREAS, pursuant to Sections 33458 and 33355 of the California Community Redevelopment Law, Health and Safety Code Section 33000 et seq. ('Redevelopment Law"), a joint public hearing on the Amendment may be held with the consent of the City Council and CRA; and WHEREAS, the CRA has prepared a report required by the Sections 33352 and 33457.1 of the Redevelopment Law. NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs as follows: SECTION 1. The above recitals are true and correct and incorporated herein. SECTION 2. Authorizes and consents to holding a joint public hearing with the City Council of the City of Palm Springs on September 4, 2002, at 7 p.m. in the Council Chamber, for the purpose of considering the proposed First Amendment. SECTION 3. Approves and transmits its Report to the City Council on the First Amendment to the Merged Redevelopment Plan for Merged Redevelopment Project Area No. 1. ADOPTED this day of , 2002. AYES: NOES: ATTEST: COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS, CALIFORNIA By Assistant Secretary Chairman �- REVIEWED & APPROVED ! � "