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HomeMy WebLinkAbout1/1/2001 - CRA MINUTES MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY ' January 3, 2001 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, California, was called to order by Chairman Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, January 3, 2001, at 5:30 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. ROLL CALL: Present: Agency Members Jones, Hodges, Oden, Reller-Spurgin, and Chairman Kleindienst Absent: None REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Agency procedures on December 29, 2000, REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 5 of agenda this date. PUBLIC COMMENTS: None LEGISLATIVE ACTION ' A. GROUP ONE REALTY Recommendation: That the Agency approve an extension of the listing agreement with Jim Stuart of Group One Realty for the sale of Agency and City owned property at the southwest corner of North Palm Canyon and Stevens Road. A410C. Executive Director reviewed the staff report, no further report was given. Chairman stated that Group One Realty was a client of his spouse's business and that he would abstain. Resolution 1115 as recommended was presented; after which, it was moved by Hodges, seconded by Reller-Spurgin and unanimously carried, Kleindienst abstain, that R1115 be adopted. B. TAHQUITZ CANYON WAY— DECORATIVE STREET LIGHTS Recommendation: That the Agency approve a contract with James E. Simon Company for the installation of three decorative street light foundations located on Tahquitz Canyon Way near the corner of South Palm Canyon Drive for $16,470. A413C. Executive Director reviewed the staff report. Agency Member Hodges stated that the cost seems to be higher than in the past and questioned the increase. CRA Minutes 01-03-01, Page 2 City Engineer stated that in this case, electrical work was being included; and ' that past work was just for the foundations. Agency Member Reller-Spurgin stated, that the cost in the past was $2,500 for each standard. City Engineer stated that the past cost was accurate; and that the lights are ready for installation from the inventory. Agency Member Hodges stated that the practice was Ito purchase the lights as needed; that the policy was not to have an inventory on hold, and questioned the amount of standards being held. Chairman stated that some of the standards were being held as replacements, for those that were damaged due to vehicles backing up and hitting the poles. Assistant City Manager-Administration stated that the standards are somewhat less expensive to buy in quantity. Chairman requested staff prepare a report regarding the surplus on hand, the number of replacements that have been made, and the cost of the fixtures. Resolution 1116 as recommended was presented; after which, it was.moved by Reller-Spurgin, seconded by Hodges, and unanimously carried, that R1116 be adopted. ADJOURNMENT There being no further business. Chairman declared the: r , eti adjourned. /_ PATRICIA A. SANIDERS Assistant Secretary MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY ' JANUARY 17, 2001 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, California, was called to order by Chairman Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, January 17, 2001, at 5:30 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. ROLL CALL: Present: Agency Members Jones, Hodges, Oden, Reller-Spurgin, and Chairman Kleindienst Absent: None REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Agency procedures on January 12, 2001. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 5 of agenda this date. PUBLIC COMMENTS: None LEGISLATIVE ACTION: ' A. PLAZA THEATER Recommendation: That the Agency accept grants of ingress/egress from John Wessman for the Plaza Theater and grant easement to John Wessman for storage of materials adjacent to Louise's Pantry, Section 15 T4S R4E, File 00- 014. Chairman stated that he would abstain due to Mr. Wessman being a client of his spouse's business. Executive Director reviewed the staff report and added the matter was ready for approval. Resolution 1117 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Hodges, and unanimously carried, Kleindienst abstain, that R1117 be adopted. B. FRANCES STEVENS PARK Recommendation: That the Agency reimburses the City for the construction of approximately 7,150 sq ft of textured and colored concrete sidewalk adjacent to "Rainmaker" for $51,000. ' Executive Director reviewed the staff report and added that the matter had been discussed at length in Closed Session; that the Agency will reimburse the City for the expenditures and recommended approval. 1-17-01, Page 2 Agency Member Reller-Spurgin stated that during Closed Session the matter was discussed; that today a personal site visit was made; that the item does not warrant support; that there is an aggressive amount of concrete being used; that , a skate board heaven is being created and that should be of grave concern. Agency Member Jones stated that his opinion has been expressed on this project before; that adding more concrete to the project adds up to approximately .25 acres of concrete in what was once a grass park and rose garden; that no one visualized the result of this structure; that it should be acceptable for the Agency Members to choose not to move ahead; and that to move ahead will set a precedent. Agency Member Reller-Spurgin stated that the plans should include a review of the landscaping to soften the impact of concrete and questioned the necessity of the sidewalk being six inches deep. Executive Director stated that the depth of the sidewalk will support maintenance vehicles that will be needed to trim the palm trees; that the first design for the sidewalks did have steel reinforcements; that this modification was made to conform to a standard driveway approach that is set by City Standard Plans. Chairman clarified that not all the sidewalk will be at the ;six-inch depth; that only the portions that will have maintenance vehicles driving on it will be at that standard. Director of Downtown Development stated that the last time vehicles were driven on the sidewalk, portions of the sidewalk were broken up; that the additional sidewalks to the park will allow for access to the restroom facilities; and that the additional will also allow for a front entry way to events. Agency Member Hodges questioned if there would be any way to soften the effect of the concrete on the project. Director of Downtown Development stated that the amount of sidewalk has been decreased overall; that the project did get caught between two designers; that the landscape architect did recommend landscaping around the base of the fountain; that the artist, Mr. Morris, was resistive to the landscaping proposed; and that while the artist may not be against an increase to some additional landscaping, the artist wants the focus to remain on the fountain. Agency Member Oden questioned the location of the entryway to be used for events. Director of Downtown Development stated that the ultimate plan is to have a point for admission to events; that the fountain can also be utilitized as an amphitheater with the surrounding area blocked off forcing entry through the designated spot. Agency Member Hodges stated that the issue of so much concrete is of concern, but that hopefully the end result will be beautiful. Resolution 1118 as recommended was presented; after which, it was moved by Hodges, seconded by Oden and carried by the following vote that R1118 be adopted. 1-17-01,Page 3 AYES: Hodges, Oden and Kleindienst NO: Jones and Reller-Spurgin. ' ADJOURNMENT There being no further business, Chairman declared the,meeting adjourned. C - PATRICIA A. SANDERS Assistant Secretary 1 MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY , March 21, 2001 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, California, was called to order by Chairman Kleindienst, in the: Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, March 21, 2001, at 5:30 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. ROLL CALL: Present: Agency Members Jones, Hodges, Oden, Reller-Spurgin, and Chairman Kleindienst Absent: None REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Agency procedures on March 16, 2001. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities)- See items on Page 8 of agenda this date. APPROVAL OF MINUTES: It was moved by Oden, seconded by Jones and unanimously carried that the Minutes of October 4, December 6, 2000; January 3 and 17, 2001 be approved. Note: Clerical correction on 1/17101 to reflect .25 acres. PUBLIC COMMENTS: a) Jane Smith, President Movie Colony, stated that the consideration of the lighting did not include the public's input; that the State is in an energy crisis; that approval of the lighting will result in a failure to follow the City's General Plan; that the view of the night skies will be ruined; and that the Council should spend the City's money wisely. LEGISLATIVE ITEMS: A. TAHQUITZ CANYON WAY ELECTRICAL DISTRIBUTION Recommendation: That the Council approve a contract with MRC Associates for the electrical engineering design of ,the decorative light fixtures on Tahquitz Canyon Way, between Indian Canyon Drive and Avenida Caballeros for $7,500.00. CP00-36. A416C. City Engineer reviewed the staff report. CRA Minutes 3-21-01,Page 2 Agency Member Jones stated that the City did make a commitment to the Office ' of Neighborhood Involvement; that the commitment was to include the Office in discussions of projects before the project came before the City Council for consideration; that there has been no opportunity for the public to give input on the lighting; that the State is in an energy crisis; that the City should be cautious in placing more street lights; that the lighting is being called decorative, but in fact are street lights; that the General Plan does not allow the lighting; that in the City of Beverly Hills the same type of proposal went through a process of citizen survey, samples of the lighting on display for citizen input; and that the entire City was involved in the process; that this matter should be put on hold until the public is involved in the process or if the public determines if it wants the lighting. Agency Member Oden stated that Palm Springs is a tourist community; that the lighting will attribute to safety and security issues; that meetings were held regarding the proposal; that representatives of the various neighborhood groups have addressed the matter in open sessions of the Council and was even discussed in the joint meeting with the Tribal Council; that each project that comes before the Council for action is generally discussed on many levels before being presented to the Council for action; that it would not be advisable to put a building moratorium in place in the City; and that even though the State is in a crisis regarding energy, safety should not be sacrificed. Agency Member Reller-Spurgin stated that the matter was discussed at a study session; that the area is dark at night and causes a feeling of fear of security in ' the area and added that the benefit of the lighting is not just for the tourist, but the residents as well. Chairman stated that the lighting has worked in the downtown area; that the main issue of the concept of the lighting was for safety; that it was determined by tourists and residents alike that the downtown was too dark and was felt to be unsafe; that a team was formed and the determination made that greater lighting was needed to give the aura of safety and a feeling of festivity; that the program has been expanded whenever possible; that the program has been a good success story for the City; that this is not a new discussion for the City, but one that has been ongoing; that needs for the lighting are evaluated and added where determined; that the lights are added where the people go and that the result is a more vibrant area. Agency Member Jones stated that this is not about safety but the addition of street lighting to the Community. Chairman stated that the lighting does not extend into the street as streetlights are designed to do; that the proposal will light the sidewalk and a small portion of the street. Director of Downtown Development stated that the program is a pedestrian lighting program; that all fixtures shine on the sidewalk; that every other fixture has an additional light that will illuminate a portion of the side of the street, but that it does not and is not meant to qualify as a street light; that the lighting will provide the same type of lighting as the downtown or uptown area and is predominately a pedestrian fixture. CRA Minutes 3-21-01,Page 3 Agency Member Reller-Spurgin stated ,that streetlights are usually taller and brighter; that the arm of the fixture extends out onto the street; that these fixtures cast a subtle lighting that would be no further in the street than the hood of a car parked by the curb. Resolution 1119 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin and carried by the following vote that R1119 be adopted. AYES: Hodges, Oden, Reller-Spurgin and Kleindienst NO: Jones. ADJOURNMENT: There being no further bu i+�ess airman declare �th� meeting adjourned. PATRICIA A. SANDERS Assistant Secretary MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY APRIL 4, 2001 ' A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, California, was called to order by Chairman Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, April 4, 2001, at 5:30 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. ROLL CALL: Present: Agency Members Jones, Hodges, Oden, Reller- Spurgin, and Chairman Kleindienst Absent: None REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Agency procedures on March 30, 2001. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 6 of agenda this date. APPROVAL OF MINUTES: It was moved by Oden, seconded by Hodges, that the Minutes of March 21, 2001 be approved. ' PUBLIC COMMENTS: None LEGISLATIVE ITEMS: A. OWNER PARTICIPATION AGREEMENT—JOHN WESSMAN — STEIN MART Recommendation: That the Agency approve an Owner Participation Agreement with John Wessman, dba Wessman Development Company, providing tax increment financing assistance for the rehabilitation and redevelopment of the Plaza Del Sol shopping center to accommodate and locate Stein Mart in the center. A417C. Chairman stated Conflict of Interest with Mr. Wessman being a client of his business. Director of Redevelopment reviewed the staff report and added that Mr. Wessman has requested that the allotment be tied to the performance of the store's performance, instead of the proposed five year spread; that there may be a pitfall with the request; that if the CC&R's and covenants are breached, there will be no obligation to pay. Agency Member Hodges stated that the request of Mr. Wessman eliminates any leverage for the Agency. CRA Minutes 04-04-01, Page 2 Resolution 1120 as recommended was presented; after which, it was moved by Hodges, seconded by Jones and unanimously carried, Kleindienst abstaining, that R1120 be adopted. B. DESERT JANITOR COMPANY Recommendation: That the Agency approve Amendment #1 with Desert Janitor Company to perform a lot cleanup on an Agency-owned parcel on 6.25 acres located between Coyote Run and Sunrise Norte, for $2,785, Total contract $7,085. APN 669-500-013, 669-500-017, 669-500-015. A415C. Executive Director reviewed the staff report, no further report was given. Resolution 1121 as recommended was presented; after which, it was moved by Hodges, seconded by Reller-Spurgin, and unanimously carried that R1121 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. G PATRICIA A. SANDERS Assistant Secretary MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY ' April 11, 2001 A Special Meeting of the Community Redevelopment Agency of the City of Palm Springs, California, was called to order by Chairman Kleindienst, in the Large Conference Room, 3200 Tahquitz Canyon Way, on Wednesday, April 11, 2001, at 7:00 p.m. ROLL CALL: Present: Agency Members Jones, Hodges, Oden, Reller-Spurgin, and Chairman Kleindienst Absent: None REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Brown Act procedures on April 10 PUBLIC COMMENTS None LEGISLATIVE ACTION: 1. FRANCES STEVEN PARK - ART IN PUBLIC PLACES Recommendation: That the Agency reimburse the City for costs related to landscaping at Frances Stevens Park adjacent to the "Rainmaker", not to exceed ' $52,000 A419C; and amend the budget thereto Executive Director stated that this approval would allow the contract with David Morris to be amended to include the landscaping at the park with the costs to be reimbursed by the Agency to the City. Resolution 1122 as recommended, and Resolution 1123 amending the budget were presented; after which, it was moved by Oden, seconded by Hodges and carried by the following vote that R1122 and 1123 be adopted. AYES: Hodges, Oden, Reller-Spurgin and Kleindienst NO: Jones. 2. APPRAISAL - DESERT FASHION PLAZA Recommendation: That the Agency approve a contract with Dozier Appraisal Company to determine "as is" market value of the Desert Fashion Plaza for $15,000. A418C. Executive Director reviewed the staff report and added that assistance is needed to benchmark the value of the property. Chairman questioned the length of the contract. ' Executive Director stated that the appraisal report should take no longer than four weeks CRA Minutes 4-11-01, Page 2 2. APPRAISAL - DESERT FASHION PLAZA (Cont'd) ' Resolution 1124 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin, and unanimously carried, that R1124 be adopted. ADJOURNMENT There being no further business, Chairman declared the mee ing adjourned. PATRICIA A. SANDERS Assistant Secretary MINUTES OF CITY OF PALM SPRINGS ' COMMUNITY REDEVELOPMENT AGENCY May 16, 2001 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, California, was called to order by Vice-Chairman Oden, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, May 16, 2001, at 5:30 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. ROLL CALL: Present: Agency Members Jones, Hodges, Oden and Reller- Spurgin Absent: Chairman Kleindienst REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Agency procedures on May 11, 2001. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 8 of agenda this date. PUBLIC COMMENTS: None LEGISLATIVE ACTION: ' A. DECORATIVE LIGHT FIXTURES —TAHQUITZ CANYON WAY Recommendation: That the Agency rescind Agreement 416C with MRC Associates and approve agreement with Dahl, Taylor and Associates, Inc., for the electrical engineering design of the decorative light fixtures on Tahquitz Canyon way between Indian Canyon Drive and Avenida Caballeros for $15,800, CP00-36. A420C. Executive Director reviewed the staff report and added that Agency Counsel determined a Conflict of Interest and that this action would remedy the situation. City Engineer stated that the substitution would prevent any possible appearance of conflict; that the new firm is good and did finish a close second; and recommended approval. Agency Member Hodges questioned with the increase in cost, were the funds available in the project's budget. City Engineer stated the fee being charged is now double; but that the Director of Downtown Development did state the funds were available in the project fund balance; that at this time, it is not clear if additional funds will be needed to complete the project; and that this Phase is to pay for the design only. ' Agency Member Reller-Spurgin stated the staff report does state that there are sufficient funds available to cover the increased costs. City Engineer stated that until the design is determined, it is not clear what the total cost of the project will be; that typically the cost of the design is 10 — 15% of CRA Minutes 05-16-01,Page 2 the total project costs; that the proposed cost is more than what was anticipated, but that staff does recommend approval. Executive Director stated that the fee is within the contingency cushion of the project. Agency Member Hodges stated that this may not be a significant amount of money, but it seems that when additional funds are needed at the beginning of a project, the costs snowball. Executive Director stated that the recommendation is forced by the possibility of Conflict of Interest. Agency Member Hodges questioned if the project would now be feasible; that the idea is a good one, but that it may not be a project that must be done at this time. Executive Director stated that when the set costs of the project come in, the tally would be brought for Agency consideration. Agency Member Reller-Spurgin stated that the lighting on Tahquitz Canyon Way is a safety issue; that the area by the Spa is in question due to the reconstruction; that if the lights are put in, it may be that they will have to be moved and questioned if the Spa had been contacted. Director of Downtown Development stated that discussion has been held with the Spa management; that there may be a few lights deleted due to the driveway entrance; and that if overall funding comes up short the project could be scaled back and not 100% built out. Agency Member Jones stated that it does not make sense to put lights in when we are turning lights off on North Palm Canyon; that the State is in an energy crisis; that to put in more lights is not sending the right message to the citizens when they are being asked by the State to conserve. Agency Member Reller-Spurgin stated that Agency Member Jones is correct in the State being in an energy crisis; but that this is a safety issue; that the residents and the tourists need to feel safe when walking down our streets; and that as an elected official one of the responsibilities is to provide for public safety. Agency Member Jones questioned why the lighting was turned off in the uptown area if safety is so important; and that if safety is the issue, the whole City needs to be included. Resolution 1125 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Hodges, and carried by the following vote that R1125 be adopted. AYES: Hodges, Oden and Reller-Spurgin NO: Jones ABSENT: Kleindienst. CRA Minutes 05-16-01, Page 3 ADJOURNMENT ' There being no further business, Vice-Chairman qeclared the meeting adjourned. PATRICIA A. SANDERS Assistant Secretary 1 MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY JUNE 6, 2001 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, California, was called to order by Chairman Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, June 6, 2001, at 5:30 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. ROLL CALL: Present: Agency Members Jones, Hodges, Oden, Reller-Spurgin, and Chairman Kleindienst Absent: None REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Agency procedures on June 1, 2001, REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 5 of agenda this date. APPROVAL OF MINUTES: It was moved by Oden, seconded by Reller-Spurgin, and unanimously approved that the Minutes of May 16, 2001 be approved. PUBLIC HEARINGS: A. FISCAL YEAR 2001-02 BUDGET That the Agency consider adoption of the Community Redevelopment Agency Fiscal Year 2001-02 budget. Executive Director summarized the budget and added that there are some major changes; that the transfer concerning the Palm Mountain Resort and the Spa Hotel were not made due to the increase of deficit the transfers would have on the General Fund; that in all likelihood the transfers would again be implemented in future budgets; but that the matter will come before the Agency as a year to year policy decision. Agency Member Jones questioned if the transfer is not done would the General Fund hold the funds. Executive Director stated that the election to pay or not is up to the Agency, but if the General Fund retains the allocation, the deficit will be kept lower. Chairman declared the hearing opened; there being no appearances, the hearing was closed. CRA Minutes 6-6-01, Page 2 ' Executive Director stated that the purpose of the meeting is to approve the budget; that answers are available to any questions; that the funding recommended for nontransfer will be funded out of reserve; that as a result of a cost benefit analysis this is the recommended avenue; and that the action could be amended should the Agency desire. Redevelopment Director stated that the lighting project is proceeding; that the budget does allow for the purchase of the fixtures; that the property owners do reimburse the purchase of the standards; that the Agency provides the power source and the base of the fixture; that the cost is about $2,500 per fixture; and that the budgeted amount is for the uptown area only. Agency Member Hodges requested clarification on the allocation for the Plaza Theatre. Director of Finance & Treasurer stated that the funding is $200,000; that the allocation will be targeted for repairs and upgrades and the like; that this budget does allocate the funding for the Director of Downtown Development; and that the housing portion does include several projects that have been budgeted in the past and have not been completed. Chairman requested that analysis regarding possible revenue generation be done relating to the Owner Participation Agreements with Palm Mountain and VIP Motors. Director of Finance & Treasurer stated that redevelopment funding does increase when property values rise; that tax increment is a function of the Agency budget; that most expenses for the Agency are fixed and when revenues rise the impact is shown; and recommended approval of the matter. Agency Member Oden requested the Agency budget be included in the quarterly review of the City's budget. Resolution 1126 as recommended was presented; after which, it was moved by Oden, seconded by Hodges and unanimously carried, that R1126 be adopted. PUBLIC COMMENTS: Howard Lapham, no address given, stated that the Burnett Development is the type of development that is needed in the City; and requested approval of the item. LEGISLATIVE ITEMS: B. BURNETT DEVELOPMENT That the Agency consider Amendment #1 to A409C, Exclusive Agreement to Negotiate with Burnett Development Corporation to extend the term by four ' months, regarding property located on the corner of Sunrise Way and San Rafael Road. CRA Minutes 6-6-01, Page 3 Redevelopment Director stated that the recommendation is being revised to reflect a six month time period; and that the additional time would allow the developer to complete necessary actions. Chairman questioned the time of the term of the initial approval. Redevelopment Director stated that originally the time was 180 days and that this would allow an additional 180 days. Agency Member Jones questioned if the agreement wouild retain the allowance for eminent domain. Redevelopment Director stated that the proposed amendment is for a time extension only; that the language for the contemplation of eminent domain does remain in the agreement, but that there is no commitment on behalf of the Agency. Agency Member Jones stated that the agreement does need to be clear regarding the issue of allowance of eminent domain and added that personally there will be no support of the matter. Agency Member Oden stated that the project is continuing and that it is hoped that the completion date will be within six months. Resolution 1127 as revised, to increase the term to six months, was presented; after which, it was moved by Reller-Spurgin, seconded by Hodges and unanimously carried, that R1127 be adopted. C. PARKING STRUCTURE — 200 SOUTH INDIAN CANYON Recommendation: That the Agency approve Amendment #1 to A418C with Dozier Appraisal Company to determine market values of properties included in the proposed construction of a downtown parking structure along the west side of 200 Indian Canyon Drive, between Arenas Road and Baristo Road for$15,500. Downtown Development Director reviewed the staff report. Agency Member Jones stated that the agreement includes the taking of property and questioned if the taking was by mutual consent. Executive Director stated that at the present time it is voluntary and the property owners are interested. Resolution 1128 as recommended was presented; after which, it was moved by Hodges, seconded by Reller-Spurgin, and unanimously carried, that R1128 be adopted. CRA Minutes 6-6-01, Page 4 D. DESERT FASHION PLAZA ' Recommendation: That the Agency approve an Exclusive Agreement to Negotiate with John Wessman, dba Wessman Development Company, for the Desert Fashion Plaza, located on a 13-acre parcel on the corner of Tahquitz Canyon Way and Palm Canyon Drive. City Attorney requested the matter be continued to allow additional time to complete the necessary documents. Motion to continue the matter to June 20, 2001 was presented; after which, it was moved by Reller-Spurgin, seconded by Jones, and unanimously carried that the item be continued to June 20, 2001. ADJOURNMENT: There being no further business, Chairman declared the meeting adjourned. —PATRICIA A. SANDERS City Clerk i i MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY June 13, 2001 An Adjourned Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, California, was called to order by Chairman Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, June 13, 2001, at 5:30 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. ROLL CALL: Present: Agency Members Jones, Hodges, Oden, Reller-Spurgin, and Chairman Kleindienst Absent: None REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Agency procedures on June 8, 2001. REPORT OF CITY ATTORNEY ON MATTERS 'DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 5 of agenda this date. PUBLIC HEARING: A. GARDEN SPRINGS APARTMENTS Recommendation: That the Agency approve a Disposition and Development Agreement with Garden Springs Apartments, a California Limited Partnership, to facilitate the application for a low-income, housing tax credit and the development and construction of the Garden Springs Apartments, located at the southeast corner of Indian Canyon Drive and San Rafael Road and amend the budget thereto. A421 C. Redevelopment Director reviewed the staff report. Chairman declared the Hearing open. Emily Hemphill, stated that the project closely meets the City's housing goals in the General Plan; that currently there is a need for low and moderate housing in the City; that the City is experiencing an overcrowding in the moderate income units; that this project addresses the need; that the units are 3 to 4 bedrooms; that affordable housing for families is provided in the project; and requested Agency support of the matter. Ric Service, 38155 Via Fortuna, stated the State of California prohibits any assistance for this type of project without'a vote of the people; and that there may be a potential legal problem if the project is approved. There being no further appearances, the hearing was closed. CRA Minutes 6-13-01, Page 2 Agency Counsel stated that Article 34 of the State Constitution addresses the ' situation of if a project is a Housing Authority or Community Redevelopment Agency housing project that a vote is needed; that in this case the Agency acquires the land, but the land is conveyed out of the Agency's name; that only one-half of the units are low income and that it is a privately owned project. Agency Member Hodges stated that while the project does seem great; there is a problem with approving an issue that the owner has sued the City and already won a financial award; that not only is a there a gain from the settlement, but this is additional financial assistance; and that in Closed Session this same point of opposition was raised. Agency Member Oden stated that the basic project has already been approved; that it is uncomfortable to delve into the detail of what was presented in Closed Session and through litigation, but that the end is that the City was held responsible; that the project is a good one; that the occupancy rate for the City is at 95% at this time; that the project is needed; that the developer has complied with the requests and conditions, and recommended approval of the matter. Chairman stated that the project is excellent; that architecturally it is pleasing; and that the housing is needed in the City. Agency Member Reller-Spurgin stated that the project was unanimously supported previously; and that even though the litigation has taken place, the question is if the project is not approved, who is really hurt; and that is the people of this City who need the support and recommended approval. Resolutions 1129 and 1130 as recommended were presented; after which, it was moved by Oden, seconded by Reller-Spurgin, and carried by the following vote that R1129 and 1130 be adopted. AYES: Members Jones, Oden, Reller-Spurgin and Chairman Kleindienst NO: Member Hodges ABSENT: None. PUBLIC COMMENTS: None LEGISLATIVE ITEMS: None ADJOURNMENT: There being no further business, Chairman declared the meeting adjourned. PATRICIA A. SANDERS Assistant Secretary MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY JUNE 20, 2001 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, California, was called to order by Chairman Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, June 20, 2001, at 5:30 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. ROLL CALL: Present: Agency Members Jones, Hodges, Oden, Reller-Spurgin, and Chairman Kleindienst Absent: None REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Agency procedures on June 15, 2001. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 8 of agenda this date. PUBLIC HEARING: None PUBLIC COMMENTS: Howard Lapham stated that Agency Member Jones needs to review the reason regarding problems in the past with bond financings; that there were factors that caused problems that are not present at this time; that the Monte Vista Hotel was in fact a major factor; that there are many concepts for a much needed parking structure downtown; that many in the City have worked to get to a solution for the structure and recommended that history of the bonding be reviewed with certain members of the Agency., John Wessman stated that the Downtown Development Director contract is up for renewal and recommended support of same. LEGISLATIVE ITEMS: A. DESERT FASHION PLAZA On June 6, 2001, the Agency continued this matter to consider the approval of an Exclusive Agreement to Negotiate with John Wessman, dba Wessman Development Company, for the Desert Fashion Plaza, located on a 13-acre parcel on the corner of Tahquitz Canyon Way and Palm Canyon Drive. Executive Director withdrew the item. B. 2000-01 FISCAL YEAR BUDGET AMENDMENTS Recommendation: That the Agency approve budget amendments to allow the repayments of loans and the reloaning of funds from the General Fund. CRA Minutes 6-20-01, Page 2 Executive Director reviewed the staff report and added that the approval will finalize actions for the budget. ' Agency Member Jones stated that this is just accounting purposes. Resolutions 1132 and 1133 as recommended were presented; after which, it was moved by Hodges, seconded by Oden, and unanimously carried, that R1132 & 1133 be adopted. C. 2000-01 CONTINUING APPROPRIATIONS Recommendation: That the Agency authorize the continuation of appropriations from fiscal year 2000-01 to fiscal year budget 2001-02 for projects not completed. Director of Finance & Treasurer reviewed the staff report. Agency Member Hodges questioned if the allocation concerning Garden Springs would be picked in the next years' fiscal year budget. Chairman clarified that the payment will be based on construction phases. Redevelopment Director stated that the agreement is for one million; that the budget resolution was for$500,000; that the funds would be used for the first part of the land transactions; that after construction phases continue the next part of the agreement will activate; that the next payment will be in the 2002-03 fiscal year budget; that the Agency will be requested to amend the budget as necessary, but at this time this is all that is needed. Agency Member Jones stated that the action includes two projects that should not be supported and therefore would oppose the entire action. Agency Member Hodges stated that the funds are already allocated; that the projects are already approved and that it is simply the continuance of the appropriations into this budget year. Resolution 1134 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Oden and carried by the following vote, that R1134 be adopted. AYES: Member Hodges, Oden, Reller-Spurgin and Chairman Kleindienst NO: Member Jones ABSENT: None. D. REDAC2 Recommendation: That the Agency approve an agreement with Redact, Jerry Ogburn, for the continuance of the Village of Palm Springs Development Center for$144,000 for a term of one year, ending fiscal year 2002. A422C ' Executive Director reviewed the staff report and added that the Downtown Development Director will be included in the quarterly budget update report to recap the status of activity in the downtown area. CRA Minutes 6-20-01, Page 3 Agency Member Oden stated that the Director has been successful in may areas. Agency Member Jones stated that the Director does a good job downtown and recommended that the energy be redirected to derelict hotels in town; that the City does get revenue from filled hotel rooms; that more progress is needed on improving Indian Canyon Avenue; that in the past, others are aware of what is being worked on by the Director before the Council; that it is important that the Director submit a weekly report to keep the Council informed; that the focus of placing nightclubs and bars in certain areas may need to be reviewed; that this type of establishment does require a lot of City services; that it may be that the staff needs to review the financial advantages of these: types of businesses versus the service they require to determine whether they are viable businesses for the downtown area. Chairman clarified the action for consideration of the contract. Agency Member Jones stated that the contract could include redirection of the tasks of the Director and that it should be the Agency determining the direction of energy of the contractor. Agency Member Oden stated that there may be some agreement to a refocus of tasks and that it could be discussed in detail when placed on the agenda. Resolution 1135 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin and unanimously carried, that R1135 be adopted. E. REFINANCING OF 1991 HOUSING TAX ALLOCATION BONDS Recommendation: That the Agency authorize and direct the bond issuance, not to exceed $6,000,000 principal amount of its 2001 Housing Tax Allocation Bonds; approve a purchase contract; and authorize the execution of necessary documentation. (See FA2) See comments by Director of Finance & Treasurer in Housing Authority Minutes of this date. This is concurring action. Resolution 1131 as recommended was presented; after which, it was moved by Hodges, seconded by Oden, and unanimously carried, that: R1131 be adopted. ADJOURNMENT: There being no further business, Ch.a' an declared the meeting adjourned. \ 'Ae P7�TRICIA A. SANDERS Assistant Secretary MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY JULY 5, 2001 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, California, was called to order by Chairman Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, July 5, 2001, at 5:30 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. ROLL CALL: Present: Agency Members Jones, Hodges, Oden, Reller-Spurgin, and Chairman Kleindienst Absent: None REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Agency procedures on June 30, 2001. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 5 of agenda this date. PUBLIC COMMENTS: None. LEGISLATIVE ITEMS: ' A. SUNRISE VILLAGE — SANTIAGO MANAGEMENT Recommendation: That the Agency approve the request to California Mobile Home Park Corporation to purchase certain property commonly known as Sunrise Village and an additional 20 acres of land adjacent thereto. Director of Redevelopment reviewed the staff report and added that the City Council will have recommended action to concur with the Agency; that this is the first step in the process; that the Agency does own part of the land and that the Agency will continue in negotiations to acquire the entire site; that a Disposition and Development Agreement will be necessary at a later date; but that this action will allow the developer to work with the Internal Revenue Service to start the activities necessary to acquire the park through tax-exempt financing. Agency Member Hodges clarified that this agreement is not confirming the sale, but a statement of willingness to work with negotiations; that when the purchase comes together it should be clear that the rents should not inflate due to the sale. Redevelopment Director stated that the non-profit is created to provide quality living in mobile homes for low-income and that the Disposition and Development Agreement could include restrictive language. ' Resolution 1136 as recommended was presented; after which, it was moved by Hodges, seconded by Jones, and unanimously carried that R1136 be adopted. CRA Minutes 7-5-01, Page 2 B. PALM SPRINGS FINANCING AUTHORITY AMENDMENT' Recommendation: That the Agency approve an amendment to the Joint Powers Agreement which created the Palm Springs Financing Authority, eliminating the expiration date of the agreement, 2-1-2020; and allowing the agreement to remain in place until terminated by supplemental agreement of the Agency. A2953, A263C. Executive Director stated as a result of bond issues the action does allow the basic need of the Authority for an unlimited expiration date. Director of Finance & Treasurer stated that the term of a bond can not be longer than the term of the Authority; that typically terms for Authorities are unlimited; and recommended approval. Agency Member Jones stated that personally the support would not be given to the item due to opposition of the refinancing of the Convention Center bonds. Chairman stated that if the extension is not given the Authority cannot do any bonds. Agency Member Jones stated that at the present time if the Authority is not extended the Convention Center bonds could not be refinanced and stated opposition to the item. Resolution 1137 as recommended was presented; after which, it was moved by Hodges, seconded by Kleindienst and carried by the following vote that R1137 be adopted. AYES: Member Hodges, Oden, Reller-Spurgin and Chairman Kleindienst NO: Member Jones ABSENT: None. C. FIVE YEAR IMPLEMENTATION PLAN — ROSENOW SPEVACEK Recommendation: That the Agency approve an agreement with Rosenow Spevacek Group Inc., for the preparation of the AB 1290 Five Year Implementation Plan for $12,500. A423C. Executive Director stated that the approval is necessary for compliance of regulations. Resolution 1138 as recommended was presented; after which, it was moved by Hodges, seconded by Jones, and unanimously carried, that R1138 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. PATRICIA A. SANDERS Assistant Secretary CITY OF PALM SPRINGS CITY COUNCIL MINUTES JULY 12, 2001 ' An Adjourned Joint Meeting of the City Council of the City of Palm Springs, California and the Agua Caliente Band of Cahuilla Indians was called to order by Mayor Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Thursday, July 12, 2001, at 6:00 p.M. ROLL CALL: Present: Councilmembers Jones, Hodges, Oden and Mayor Kleindienst Absent: Councilmember Reller-Spurgin ROLL CALL: Present: Tribal Members Prieto-Dodd, Saubel-Elizondo and Chairman Milanovich The meeting was opened with the Salute to the Flag. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on July 6, 2001. PRESENTATIONS: None. HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: - No Business PUBLIC COMMENTS: None PUBLIC HEARINGS: 1. APPEAL - CASE 5.0852—490 SOUTH INDIAN CANYON Recommendation: That the Tribal Council consider an appeal regarding Resolution 20018, overruling without prejudice the issuance of a Conditional Use Permit for a motorcycle rental located at 490 South Indian Canyon Drive. Tribal Attorney reviewed the history of the land use agreement between the Agua Caliente Band of Cahuilla Indians and the City of Palm Springs; and added that the appeal process is a part of the agreement; that one of the requirements of the Ordinance is that a joint meeting be held between the two Councils during the Tribal Council public hearing and added that this hearing will be to receive evidence from interested parties; that a decision will be rendered within 30 days; and that there have only been 23 Tribal appeals in the last 24 years. Director of Planning & Building reviewed the past history of Case 5.0852; and added that the public hearing of the City Council was continued to permit a field trip to hear the motorcycles on March 27; that at the Meeting of April 4, 2001 with a vote of 3-2-0 the Planning Commission's decision was overturned and the ' Conditional Use Permit was denied. Tom Davis, Tribal Planning Director, stated that on August 23, 2000 a public hearing was conducted by the Palm Springs Planning Commission to review a zoning ordinance text amendment to permit a motorcycle rental establishment to Council Minutes 07-12-01, Page 2 operate in a C-1 zone with a Conditional Use Permit; that the Amendment was approved with recommendation that the City Council approve the amendment; that on November 1, 2000 the City Council adopted Ordinance 1590 approving the zoning amendment 3-1-0-1; that on January 31, 2001 the Historic Tennis Club filed an appeal against the Planning Commission decision; that on March 7, 2001 the City Council held a public hearing and scheduled a field noise test be conducted on the site set for March 27, 2001; that on April 4, 2001 the City Council upheld the appeal of the Historic Tennis Club, denying the Conditional Use Permit with a vote of 3-2; that there were approximately 78 letters generated regarding the Conditional Use Permit; that 20% of the letters were in support of the project with 80% against the project; that the matter was appealed to the Tribal Council; that the Indian Planning Commission first reviewed the case on January 8, 2001; that recommendations were made to the City Planning Commission; that the conditions of approval were not included in the City's Planning Commission approval due to the short term lease involved; that there was a modification to the conditions to add 22 which did address Tribal Planning concerns for landscaping; that the matter was then denied by the Council and appealed to the Tribal Council; that Tribal Planning Staff did review the matter with the applicant; that the hours of operation would be 9 a.m. to 6 p.m.; that motorcycles were started to test the loudness; that staff determine that the noise was not unusually loud; that the arrangement between Eagle Rider and Harley- Davidson is that the mufflers may not be modified; that the area proposed for the location was reviewed for noise; that the area is already impacted by vehicle noise; that the noise level varies between 70 and 80 dba; that the proposed project is in a commercially zoned area; that the opinion of staff is that the rental of 10 motorcycles will not increase the noise level of the area; that the site was previously used as a service station; that if it were reused as a service station if would generate approximately 168 vehicles; that the rental of 10 motorcycles would be far less activity; that Tribal Planning Staff does agree and recommend approval of the conditional use permit with the conditions and findings requested by City Planning Staff and City Planning Commission. Chairman questioned if the public was notified of possible zoning amendment changes. Director of Planning & Building stated that workshops, study sessions and public hearings were held and noticed. Chairman stated that the adoption of the Zoning Amendments did not generate any public comment until the appeal was filed some six months later; that when the appeal came forward it was upheld by the City Council on a 3-2 vote. Councilmember Hodges stated that the, zoning amendment did not specify the address of the proposed site, but was a change to allow this type of rental in a C- 2 zone with a conditional use permit. Chairman stated that the hearing before the Tribal Council is to determine if the rental is a proper use of the land; that there have been two Planning Commissions that have recommended approval of the use; that the majority of the mail received by the Tribal Council was opposed to the project; that the majority of the mail received by the City Council was opposed to the project; and Council Minutes 07-12-01, Page 3 that at this time the hearing would be opened to interested parties for comment regarding the matter. Chairman declared the hearing open. Chairman requested the applicant be available for questions. Don Harwale, Eagle Rider, stated that Mr. Swedo was in St. Louis at a franchise opening; that he would be available for questions and looked forward to working with the Planning Commissions and Council regarding the move to the downtown area. Chairman questioned if more than 10 motorcycles would be rented on any given day. Mr. Harwale, stated that the typical rental would be 10 per day; that if a special event occurred, there could be a group rental; that most of the rentals typically travel a distance through the desert; that the motorcycles are picked up at 9:30 a.m. and returned somewhere around 4:30 p.m. Chairman questioned why only 10 motorcycles are rented each day. Mr. Harwale stated that some days there is only two rented, others up to 10; but ' that the average is 10 per day. The following persons spoke against the project. Logan Need, Historic Tennis Club Director Nick Dibari, 521 Linda Vista Carol Markley, Mesa area Peter Dixon, Tennis Club There being no further appearances, the hearing was closed. Chairman stated that reference was made during public comments that the rental shop would be locating at the Airport and requested additional information regarding it. There was no action taken at this time; the Tribal Council will render a decision within 30 days. COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: LEGISLATIVE ACTION: None ADDITIONAL LEGISLATIVE ITEMS: None ADDED STARTERS: None Council Minutes 07-12-01, Page 4 REPORTS & REQUESTS: CITY COUNCIL reports or requests PUBLIC reports or requests STAFF reports or requests ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. CZ4 ItLe—.- PATRICIA A. SANDERS City Clerk �1 MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY JULY 18, 2001 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, California, was called to order by Chairman Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, July 18, 2001, at 5:30 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. ROLL CALL: Present: Agency Members Jones, Hodges, Oden, Reller-Spurgin, and Chairman Kleindienst Absent: None REPORT OF POSTING OF AGENDA: Assistant City Clerk reported that the agenda was posted in accordance with Agency procedures on July 13, 2001. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 8 of agenda this date. PUBLIC COMMENTS: None. Mayor convened in Joint Session as Community Redevelopment Agency and the City ' Council. COMMUNITY REDEVELOPMENT AGENCY/CITY COUNCIL PUBLIC HEARINGS: A. NEW MILLENNIUM DEVELOPMENT, LLC. Recommendation: That the Agency approve a Disposition and Development Agreement with Palm Springs New Millennium Development, LLC to provide a land write-down to facilitate the development of the Star Canyon Resort located on South Palm Canyon Drive, Merged Project Area #1; and that the Council concur. Director of Redevelopment recommended that the Agency open the Public Hearing and continue it to September 5, 2001. Mayor requested a brief staff report before opening the hearing. Director of Redevelopment reviewed the staff report; no further report was given. Mayor declared the hearing open; there being no appearances, Mayor continued the hearing to September 5, 2001. Councilmember Oden stated that he was pleased to see this item back on an agenda. CRA Minutes 7-18-01, Page 2 B. SALE OF PROPERTY—22.21 ACRE NEAR SUNRISE WAY AND SAN RAFAEL Recommendation: That the Council approve the sale of a city-owned 22.21-acre parcel near Sunrise Way and San Rafael Road to the Community Redevelopment Agency; and that the Agency accept said sale and purchase. Director of Redevelopment reviewed the staff report; no further report was given. Mayor declared the hearing open; there being no appearances; the hearing was closed. City Council Resolution 20105 and Community Redevelopment Agency Resolution 1139 as recommended were presented; after which, both resolutions were moved by Hodges, seconded by ,Oden, and unanimously carried, that R20105 and R1139 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned for the purpose of convening as the Community Redevelopment Agency, after which, members continued as the City Council. BARBARA J. WHITE Assistant City Clerk PATRICIA A. SANDERS City Clerk MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY AUGUST 1, 2001 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, California, was called to order by Chairman Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, August 1, 2001, at 5:30 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. ROLL CALL: Present: Agency Members Jones, Hodges, Oden, Reller-Spurgin, and Chairman Kleindienst Absent: None REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Agency procedures on July 26, 2001. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 7 of agenda this date. PUBLIC COMMENTS: None LEGISLATIVE ITEMS: ' A. RALPH DENNIS Recommendation: That the Agency approve Amendment 1 to A400C with Ralph Dennis to provide construction supervisory services for the neighborhood revitalization program for $75,000, total contract amount $125,000. Director of Redevelopment reviewed the staff report, no further report was given. Resolution 1140 as recommended was presented; after which, it was moved by Hodges, seconded by Oden, and unanimously carried that R1140 be approved. B. GENE AUTRY TRAIL/RAMON ROAD — LAGUNA PACIFIC ENVIRONMENTAL Recommendation: That the Agency approve an Exclusive Agreement to Negotiate with Laguna Pacific Environmental Inc., on Agency and privately owned parcels of approximately 38 acres at the corner of Gene Autry Trail and Ramon Road. A425C. Director of Redevelopment reviewed the staff report, no further report was given. Resolution 1141 as recommended was presented; after which, it was moved by Hodges, seconded by Oden and unanimously carried that R1141 be adopted. CRA Minutes 8-1-01, Page 2 C. HENRY FRANK ARCADE PARKING LOT Recommendation: That the Agency approve an agreement with Pyramid Building & Construction, for the Henry!Frank Arcade Parking Lot, Bid Schedule A and Additive Bid Schedule B, for $284,797.40; and amend the budget thereto. CP01-09. A426C. Executive Director reviewed the staff report. Agency Member Reller-Spurgin stated that this item is in response to a request by the Agency and is timely. Res 1142 and 1143 as recommended,were presented; after which, it was moved by Reller-Spurgin, seconded by Oden, and unanimously carried, that R1142 & 1143 be adopted. ADJOURNMENT: There being no further business Chairman declared the meeting adjourned. PATRICIA A. SANDERS Assistant Secretary MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY ' SEPTEMBER 5, 2001 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, California, was called to order by Chairman Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, September 5, 2001, at 5:30 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. ROLL CALL: Present: Agency Members Jones, Hodges, Reller-Spurgin, and Chairman Kleindienst Absent: Agency Member Oden REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Agency procedures on August 31, 2001. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 8 of agenda this date. PUBLIC HEARING: A. NEW MILLENNIUM DEVELOPMENT - DDA ' Recommendation: That the Agency approve a Disposition and Development Agreement with Palm Springs New Millennium Development, LLC., to effectuate the development of a resort hotel and vacation ownership project on South Palm Canyon Drive, between Mesquite Drive and Sunny Dunes Drive, in merged project area #1 (formerly the South Palm Canyon Project Area). A-----. Executive Director requested the item be continued to September 19, 2001. Motion to continue the Hearing to September 19, 2001 was presented; after which, it was moved by Hodges, seconded by Reller-Spurgin, and unanimously carried that the item be continued. PUBLIC COMMENTS: None. LEGISLATIVE ITEMS: None ADJOURNMENT: There being no further business, Chaiggian declared the meeting adjourned. 2TRICIA A. SANDERS ' Assistant Secretary MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY SEPTEMBER 12, 2001 An Adjourned Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, California, was called to order by Chairman Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, September 12, 2001, at 5:30 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. ROLL CALL: Present: Agency Members Jones, Hodges, Oden, Reller-Spurgin, and Chairman Kleindienst Absent: None REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Agency procedures on September 7, 2001. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 3 of agenda this date. PUBLIC HEARING: None PUBLIC COMMENTS: Joy Meredith, stated that support should be given to both items; that it is difficult to operate with the Plaza being vacant; that the lighting is needed to give a clean look to the area and recommended approval of both matters. Nancy Stuart, 15-year resident, stated that both matters are supported by members of the Community and Palm Springs 1" and recommended approval. Dick Haskamp, Arenas Road Business owner, stated that as a member of Palm Springs 1s`the Agency is urged to support both items. Jim Stuart, Palm Springs resident, stated that both items are desirous of support; that the Downtown Development Director does a good job in the downtown and recommended approval. LEGISLATIVE ITEMS: A. DESERT FASHION PLAZA Recommendation: That the Agency ,approve an Exclusive Agreement to Negotiate with John Wessman dba Wessman Development Company on a 13 acre parcel at the northwest corner of Tahquitz Canyon Way and North Palm Canyon, commonly known as the Desert Fashion Plaza. A427C. Executive Director review the staff report,and added that this is a new strategy; that the Agency is requested to approve the agreement to help make the deal come to reality. CRA Minutes 9-12-01, Page 2 Director of Redevelopment added that there will be many factors to ' consummating the final deal; that the roof on the north part of the mall will be removed; that there is a reconfiguration of space; that portions of the agreement will allow the parking remain open and available for public parking; that the developer may well be the best developer for the project based on experience, architectural design and leasing records. Agency Member Hodges request the agreement be for six months and added that an additional six months could be added if and when needed. Agency Member Oden stated that the area is blighted; that it is an eyesore to the corridor; that action does need to be taken as soon as possible; that the tract record of the develop is good; that this will be a vital and viable project in the City; that there is a side to this developer that many are unaware of; that the developer donates time, money and land to many non-profits; and that the item should be supported. Resolution 1144 as recommended was presented; after which, it was moved by Hodges, seconded by Reller-Spurgin, and unanimously carried, that R1144 be adopted. B. CBD DECORATIVE LIGHTING Recommendation: That the Agency approve the purchase of forty (40) "Uptown" decorative light fixtures from Delta Lighting Systems at a total cost of $67,080. Twenty (20) decorative lights to be purchased for Agency property; twenty (20) decorative lights to be acquired for property owners payable through reimbursement agreements. Executive Director reviewed the staff report and added that the Arenas Road project is two weeks ahead of schedule. Chairman questioned the possibility of installation of outlets in the uptown area. Director of Downtown Development stated that addition outlets cannot be added without an upgrade to the system. Chairman questioned if the fixtures could be modified to include outlets if the electrical system was modified at a later date. Director of Downtown Development stated that the modification could be done to the fixtures at this point and the funds are available; that the new event in the uptown area, "First Friday", was successful, but the need for additional lighting was evident; and that as the event becomes more successful the increase in revenue will assist the merchants in the purchase of the lighting fixtures. Agency Member Hodges stated that eight of the fixtures could be modified with the outlet ability due to the immediate need. ' Chairman concurred. Resolutions 1145 as recommended and Resolution 1146 as revised were presented; after which, it was moved by Reller-Spurgin, seconded by Hodges, and unanimously carried that 1145 & 1146 be adopted. CRA Minutes 9-12-01, Page 3 ADJOURNMENT: There being no further business, Chairman declared the meeting adjourned. PATRICIA A. SANDERS Assistant Secretary MINUTES OF CITY OF PALM SPRINGS ' COMMUNITY REDEVELOPMENT AGENCY SEPTEMBER 19, 2001 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, California, was called to order by Chairman Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, September 19, 2001, at 5:30 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. ROLL CALL: Present: Agency Members Jones, Hodges, Oden, Reller-Spurgin, and Chairman Kleindienst Absent: None REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Agency procedures on September 13, 2001. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 9 of agenda this date. PUBLIC HEARING: A. NEW MILLENNIUM DEVELOPMENT - DDA ' Recommendation: On September 5, 2001, Agency continued this matter to approve a Disposition and Development Agreement with Palm Springs New Millennium Development, LLC. to effectuate the development of a resort hotel and vacation ownership project on South Palm Canyon Drive, between Mesquite Drive and Sunny Dunes Drive, in Merged Project Area #1 (formerly the South Palm Canyon Project Area). A428C. Redevelopment Director reviewed the staff report. Chairman declared the hearing open, there being no appearances, the hearing was closed. Agency Member Reller-Spurgin stated that contemplation had been given to the item; that with the recent terrorist events in New York this may not be the right timing for support of this matter; and with that basis stated opposition to the item. Agency Member Jones stated that contact was made with the Hotel Industry, but no response has been received, indicating an indifference to the project. Chairman stated that the intent of the item is to assist in generating revenue; that Agency Member Reller-Spurgin's concerns are appreciated, but that approval will signal that the Agency does support the project and that it will be a benefit for the ' Community. City Attorney clarified that the applicant's business name is SCHLEPS LLC. and does need to be modified in the document. CRA Minutes 9-19-01, Page 2 Resolution 1147 as revised was presented; after which it was moved by Hodges, seconded by Oden and carried by the following vote, that. R1147 be adopted. AYES: Members Hodges, Jones, Oden and Chairman Kleindienst NO: Member Reller-Spurgin ABSENT: None. B. PLAZA MERCADO — 155 SOUTH PALM CANYON DRIVE Recommendation: That the Agency approve the Third Amendment to a Disposition and Development Agreement A309C, with John Wessman dba Wessman Development Company to settle a liquidated) damages claim arising from the construction of the Plaza Mercado shopping center and provide for the construction of a Sonny Bono Memorial Fountain located at 155 South Palm Canyon Drive; and amend the budget in the amount of$128,000 thereto. Director of Redevelopment reviewed the staff report. Chairman declared the hearing open; there being no appearances, the hearing was closed. Resolutions 1148 and 1149 as recommended were presented; after which, it was moved by Reller-Spurgin, seconded by Hodges, and unanimously carried that R1148 & 1149 be adopted. PUBLIC COMMENTS: Michael Brakken, CVEP, requested consideration that the CVEP annual audit be scheduled for review at the next study session. LEGISLATIVE ITEMS: None ADJOURNMENT: There being no further business, Chairman declared the?meeting adjourned. PATRICIA A. SANDERS Assistant Secretary MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY ' OCTOBER 17, 2001 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, California, was called to order by Chairman Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, October 17, 2001, at 5:30 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. ROLL CALL: Present: Agency Members Jones, Hodges, Oden, Reller-Spurgin, and Chairman Kleindienst Absent: None REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Agency procedures on October 12, 2001. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 9 of agenda this date. PUBLIC HEARINGS: A. DISPOSITION AND DEVELOPMENT AMENDMENT A339C— AGUA CALIENTE BAND OF CAHUILLA INDIANS Recommendation: That the Agency approve Amendment#2 to a Disposition and Development Agreement (DDA) with the Agua Caliente Band of Cahuilla Indians and the Agua Caliente Transfer Corporation to reclassify two properties in the original DDA from Developer Acquired Parcels to Second Acquired Parcels, subjecting them to terms and conditions of Sections 5.2 of Amendment #1. A339C. Agency Counsel requested the item be continued to allow additional negotiations. Chairman declared the hearing open. Motion to continue the hearing to November 7, 2001 was presented; after which, it was moved by Oden, seconded by Hodges, and unanimously carried that the hearing be continued. B. 2001-2006 IMPLEMENTATION AND HOUSING COMPLIANCE PLAN Recommendation: That the Agency approve the Mid-Term Review of the Five- Year Implementation and Housing Compliance Plan. Executive Director requested the matter be continued to October 24, 2001 and ' added that the consultant did compile some additional numbers and correct a number of discrepancies; and that the continuance would allow the Members of the agency to a full opportunity for the briefing of the report. Chairman declared the hearing open. CRA Minutes 10-17-01, Page 2 Agency Member Hodges stated that the deficiencies in the report should be addressed before the next briefing such as the alleys and alleyways mentioned in various project areas; that names of current businesses should be corrected and updated; that housing issues should be addressed in the Gateway/Highland area; and the related development for the Convention Center should be defined. Redevelopment Director stated that necessary changes would be in the next report. Motion to continue the hearing to October 24, 2001 was presented; after which, it was moved by Reller-Spurgin, seconded by Hodges, and unanimously carried that the hearing be continued. C. SALE OF PROPERTY Recommendation: That the Agency approve the sale of a 53,578 square foot parcel (1.23 acre) to the City of Palm Springs for $60,000, located on the south side of Vista Chino Road and west of Sunrise Way. Merged Project Area 1, formerly Project Area 9B. Director of Redevelopment reviewed the staff report, no further report was given. Agency Member Hodges stated conflict of interest due to proximity of residence. Chairman declared the hearing open; there being no appearances, the hearing was closed. Resolution 1150, as recommended, was presented; after which, it was moved by Reller-Spurgin, seconded by Oden, and unanimously carried. Hodges abstaining, that R1150 be adopted. PUBLIC COMMENTS: Frank Tysen stated opposition to item F; and added that the Agency should require criteria to be met regarding the projects. Steven Payne, stated the project was began 18 months ago; that the obligations and commitments are taken seriously; that the neighborhood has been improved; that the improvements have not just been minor, but above and beyond what was required; that the project could be built without the $200,000 in Agency assistance, but the project would not be in the same fashion; that the reason the development is successful is the partnership developed with the City years ago; that this type of project is exactly the kind of investment the City should make; that even though there were seven years allotted for payback in the last loan, the investment was returned to the City in less than one-half of its due date time; that the entire area is better off due to the improvements from this project; that the question of whether the matter should be postponed until after the election should not be asked; that the project needs to move ahead and is something outstanding being developed for the City. Steven Sims, 255 N. El Cielo, stated that no public funds should be used to fund the proposed bridge; that the developer has stated that the project can be built without Agency assistance, and recommended the funding be forwarded to a skate park for the children in the Community and not to a developer who is asking for greater enhancements to a project. i CRA Minutes 10-17-01, Page 3 Ray Lavato stated that none of the funds requested will be used for the bridge; that the Agency has always been supportive in the past of the development; that each time the ' Agency steps forward with assistance, the investment is returned in less than one-half of the time allotted; that there was a time when the area was blighted; that the area is now a contributor to the tax rolls and a major employer; that there are new homes, new jobs and hope for the future in the area; that the developer believes in the City and that if the City does not grow it will die. LEGISLATIVE ITEMS: D. KEYSER MARSTON ASSOCIATES Recommendation: That the Agency approve a contractual service agreement with Keyser Marston Associates, Inc., to conduct pro forma analysis of various development proposals seeking Agency assistance for an amount of $20,000 and a term of 18 months. A430C. Executive Director reviewed the staff report. Agency Member Hodges stated that there was funding allocated one year ago and questioned if the allocation was completely used. Executive Director stated that the allocation was exhausted and that there were several major projects, such as the Desert Fashion Plaza and Canyon Hotel. ' Agency Member Hodges stated opposition to the allocation and added that when a fund is set up it seems that the fund is always spent. Executive Director stated that the Agency would be informed when projects come forward necessitating expense. Resolution 1151 as recommended was presented; after which, it was moved by Jones, seconded by Oden, and carried by the following vote, that R1151 be adopted. AYES: Member Jones, Oden, Reller-Spurgin and Chairman Kleindienst NO: Member Hodges ABSENT: None. E. EXCLUSIVE AGREEMENT TO NEGOTIATE — BURNETT DEVELOPMENT Recommendation: That the Agency approve Amendment #2 to A409C with Burnett Development Corporation to extend the term by six months regarding 19.17 and 22.21 acre parcels at the corner of Sunrise Way and San Rafael Road. Director of Redevelopment reviewed the staff report, no further report was given. Agency Member Oden stated that it appears the issue is moving forward and that ' it is hoped the timeline will remain intact. Resolution 1152 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Oden, and unanimously carried, that R1152 be adopted. CRA Minutes 10-17-01, Page F. DESERT SHADOWS OWNER PARTICIPATION AGREEMENT Recommendation: That the Agency approve an Owner Participation Agreement with Desert Shadows III LP providing 'tax increment financing assistance for offsite improvements for $200,000. A-----; and accept a loan to include approval of a Financing Agreement and Promissory Note in the amount of $200,000 from the City of Palm Springs, A-----; and amend the budget thereto. Director of Redevelopment reviewed the staff report and added that the request to the Agency is for landscaping and street improvements; that the request for financial assistance to increase the wall height from 6 to B feet was deleted; that other costs include design costs for the public improvements; that there have been two past programs funded for the project; that all have been completed; that funds are available from fund balance of the project .area and recommended approval of the request. Agency Member Oden requested explanation of the funding mechanism. Director of Finance & Treasurer stated that the request is to the redevelopment funds; that the funds have low debt service; that the General Fund will pay the amount to the debt fund and from there the funds are transferred to the Project Capital Fund. Agency Member Jones questioned if there has been a financial analysis done; that typically the analysis is done to determine the gap that needs bridging. Redevelopment Director stated that Keyser Marston did not perform a financial analysis; that when the last agreement was entered into for the 21 units there is now a gap due to the real estate appraisals on empty condos; that the developer must get the condos in the rental pool and furnished; that the last project units ranged from 700-800 square feet; that the new project units are 1,700 square feet; that the question is will the project be built without the findings; that the project will not be the same; that there will be $200,000 less in improvements; that the deficit will reduce amenities to the project; that to keep the hotel/condo at a high rental rate the amenities are needed. Resolutions to approve the Owners Participation Agreement and amend the budget were presented; after which, it was moved by Oden, seconded by Reller- SpUrgin, no vote was taken, discussion continued. Agency Member Jones stated that assumptions should not be made; that an analysis does need to be made to see if the assistance is justified; that part of the findings is that the project has no other alternative but to seek the redevelopment assistance; that the developer has stated that the project would be built anyway and questioned if the Agency Member could make the finding based on the facts entered into the record. Chairman clarified that the developer did state that the improvements would be as great. Agency Member Jones stated that the developer stated the project could be built; that the improvements would be made; that there is a legal question here; and it is questionable how the Agency could give the funding when the developer states the finding is not true. CRA Minutes 10-17-01, Page 5 Redevelopment Director stated that the developer can request the assistance; that the purpose of the assistance is for land and street scape improvements, ' that the assistance can only be used for public improvements and not for Jacuzzis and the like. Agency Member Jones stated that the finding clearly states that the Agency must make the finding that there is no other financing available; and the developer has stated that the project would be done with the improvements regardless of the assistance. Agency Member Reller-Spurgin stated that in review of the list of improvements the majority of costs come from irrigation, removal of poles and the like; that these types of improvements are an improvement to this Community; that the improvements will enhance all three border streets; that this is what this type of assistance is for; that the request is within the realm of asking; that the developer has always paid the assistance back to the Agency and usually in advance. Redevelopment Director stated that real estate values do rise and fall, but that this overall project is very successful; that the land the project is on was vacant for years; that the area was blighted; that the fact is that the developer has spent over $14 million dollars over the past 8 years on this project; and that this is an investment where the quality continues. Agency Member Jones requested clarification on the repayment of the assistance. Redevelopment Director stated that the Agency reimburses for improvements; that the value of the project is calculated and the tax increment is determined on the project when the increment exhausts the assistance value when the assistance is finished. Agency Member Oden stated that this project is between two major portals in the City and that it is desired to see the best at this location. Chairman stated that the funds in question are redevelopment funds; that those funds deal with areas that have blighted conditions; that the funds can not be transferred to the General Fund for overall use by the City; that the funds are set aside for redevelopment; that the Agency abides by the rules; that the goal is to maintain a high level of development; that this project will improve the portals of the City to the best level possible; that the developer has a proven track record of turning property around; that the redevelopment funds will be used to deal with offsite improvements; that this is a tool available and is used throughout the State; that the return on the investment will result in a higher value on the property, that higher taxes are inevitable; that the funds are being used in a prudent manner and that this project will improve the quality of life for the Community. Agency Member Jones questioned if the Agency could legally proceed when the developer has stated the assistance is not needed. ' Agency Counsel stated that there are several findings that must be made; that improvements must benefit the project area; that blight must be eliminated; that the project must be consistent with the 5 year plan; that what Agency Member Jones is focusing on is not just a repetition of wording, but to get across the CRA Minutes 10-17-01, Page 6 point, that if the developer has the ability to do so on its' own, there is no justifiable finding; that the key word is reasonable ability to find financing; that it would be that the finding means that after investigation there would be a hardship on the developer. Chairman stated that while the required improvements could be made it is the quality enhancements that would be sacrificed and questioned if that finding could be adequate. Agency Counsel stated that the finding should be based without Redevelopment Agency assistance if the developer can find other means of financing. Chairman questioned the ability of the Agency to determine the fact. Agency Counsel stated that if the developer states that no other financing through private means is obtainable or is cost prohibited the finding could be made. Agency Member Hodges stated that the item should be continued to allow further review by staff of the options. Agency Member Oden questioned if a,per forma should be requested on each and every project that comes before the Agency and added that this is the first time that Agency Counsel has responded in this manner, which causes concern. Agency Counsel stated that typically a per forma is required; that the per forma addresses the funding gap issues; that frequently smaller project do not require a pro forma; that ultimately the Agency does have to make the finding; and that the Agency determines if the findings should be made. Agency Member Hodges requested a continuance of the item. Agency Member Reller-Spurgin withdrew the second. Motion to continue the item to October 24, 2001 to allow additional information regarding funding options was presented; after which, it was moved by Hodges, seconded by Reller-Spurgin and unanimously carried; that the item be continued. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. PATRICIA A. SANDERS Assistant Secretary MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY OCTOBER 24, 2001 An Adjourned Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, California, was called to order by Chairman Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, October 24, 2001, at 5:30 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. ROLL CALL: Present: Agency Members Jones, Hodges, Oden, Reller-Spurgin, and Chairman Kleindienst Absent: None REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Agency procedures on October 19, 2001. PUBLIC HEARING: A. 2001-2006 IMPLEMENTATION AND HOUSING COMPLIANCE PLAN Recommendation: That the Agency approve the Mid-Term Review of the Five- Year Implementation and Housing Compliance Plan. A431C ' Director of Redevelopment reviewed the staff report, handed out a revised Plan, copy on file in Office of the City Clerk, and in answer to questions by Agency stated that a full reporting of project is listed in the new report; that the dumpsite project is projected to initialize the Disposition and Development Agreement in 2002; that the condition of the Indian Manor Hotel is still proceeding through renovations; that the preliminary plans were recently submitted to Planning; that the parcels concerning the Lundin Project are not combined into two parcels; that the questions concerning,the historic site survey would allow for study and follow- up; and that the information missing regarding Garden Springs will be filled in upon completion of the project. Chairman declared the hearing open; there being no appearances, the hearing was closed. Resolution 1153 as recommended was presented; after which, it was moved by Oden, seconded by Hodges, and unanimously carried that R1153 be adopted. PUBLIC COMMENTS: Steve Payne read a prepared statement, copy on file in Office of the City Clerk. James Cioffi, Palm Springs, stated that CBM was a right-of-zone project; that the project ' was to build housing for low/moderate income; that the City did stop the project; that CBM did sue the City; that the suit was settled for $1 million; that that there are some questions that do need to be answered by the Members of the Council; did you have a final conflict of interest with CBM's project; is the City to assist in providing decent housing for low/moderate income families; and finally, in review of this project did the Council show fiscal responsibility. CRA Minutes 10-24-01, Page 2 Frank Tysen stated that he felt many comments are directed to Councilmember Jones and are below the belt; that the Councilmember donates his time to the City and directs his stipend to be given to charity groups; that the residents elected the Councilmember due to the rest of the Council not listening to the residents; that there is deep frustration on behalf of the citizens due to an unfriendly government; that many are concerned with Plaza Mercado and the inaction of the Director of Downtown Development; and that the City's Design Review Committee and Architectural Review Committee always agrees to each others decisions. Bill Davis expressed gratitude to Councilmember Jones for protecting the City's tax dollars. Barbara Proctor stated that the bridge as proposed by Desert Shadows was not to cost the City one cent; that it was pledged that all construction, repairs and maintenance would be handled by the developer; that now the developer is requesting $200,000 in assistance and added that the Council should require a certified audit of the financial situation with Desert Shadows before proceeding with any action. Ray LaVeta, 1533 Chapparall, principle of expansion of Desert Shadows, clarified that the building of the bridge will be totally financed by the developer; that no assistance from the Agency is being sought for the project; that the Agency is being requested to help fund sidewalks, curbs, gutters and landscaping for the expansion; and that this is a big project and will result in big revenue to the City. Jim Stuart stated that if it was not for the Community Redevelopment Agency funding assistance, the Desert Shadows Project would not have been done; that the area was blighted, full of needle and trash; that the area has been cleaned up; that it is a good project; and that it is the type of project that the Agency was created to support. Councilmember Jones exercised Personal Privilege, and read a letter directed to the Fair Political Practice Commission, copy on file in Office of the City Clerk; and added that it is sad when a respected citizen attacks a Councilmember; that it seems that if one can not attack the message they now attack the messenger; that the project in question is supportable; that it is the finding that no other means of financing is available; that it is the same with the downtown parking; that the idea is good, but that there is a different view when one would have to ask the taxpayers to pay for it; that the issues were discussed in Closed Session; that additional details were requested regarding the financial information for the project; that it was made clear if the project did need assistance it would be supportable; that the giving away of $200,000 of taxpayer money from a five minute discussion is just not enough; that proof of need should be furnished; that it was thought that the relationship with Mr. Payne wars one of friendship; that personally the election was held for someone to represent the people; that the job is handled to the best of the ability; that it is unfortunate that this :situation has come up, but that the Office is not there to do favors for friends, but to be a caretaker of the public's money; that the letter submitted by Mr. Payne has fairy tales in it; that the entire case has been sent to the Fair Political Practice Commission that it is hoped that they will review the matter within two weeks; but that there will be no recluse pending the matter. Chairman stated that at one point he was forced to abstain from certain issues until the Fair Political Practice Commission rendered a:!determination. CRA Minutes 10-24-01, Page 3 Agency Counsel stated that the Fair Political Practice Commission deals with financial conflict of interest; that if the matter does not involved finances, then the Commission ' does not address the issue; and added that the matter involving this issue has been withdrawn from the agenda and will be discussed at the November 7, 2001 meeting. LEGISLATIVE ITEMS: B. DESERT SHADOWS OWNER PARTICIPATION AGREEMENT Recommendation: That the Agency approve an Owner Participation Agreement with Desert Shadows III LP providing tax increment financing assistance for offsite improvements for$200,000. A----- and amend the budget thereto. Acting Executive Director stated that the item should be continued to November 7, 2001. Motion to continue the matter to November 7, 2001 was presented; after which, it was moved by Oden, seconded by Hodges, and unanimously approved, that the item be continued. ADJOURNMENT' There being no further business, Chairman declared the meeting adjourned. P RICIA A. SANDERS Assistant Secretary MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY , NOVEMBER 7; 2001 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, California, was called to order by Chairman Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, November 7, 2001, at 5:30 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. ROLL CALL: Present: Agency Members Jones, Hodges, Oden, Reller-Spurgin, and Chairman Kleindienst Absent: None REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Agency procedures on November 2, 2001. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page S of agenda this date. PUBLIC HEARING: A. DISPOSITION AND DEVELOPMENT AMENDMENT A339C—AGUA CALIENTE BAND OF CAHUILLA INDIANS Recommendation: On October 17, 2001 Agency continued this matter to approve Amendment#2 to a Disposition and Development Agreement (DDA) with the Agua Caliente Band of Cahuilla Indians and the Agua Caliente Transfer Corporation to reclassify two properties in the original DDA from Developer Acquired Parcels to Second Acquired Parcels, subjecting them to terms and conditions of Sections 5.2 of Amendment#1. A339C. Director of Redevelopment reviewed the staff report and added that the Tennis Center issues are resolved. Chairman declared the hearing open; there being no appearances, the hearing was closed. Agency Member Oden stated that this action will allow the developer to acquire the property and recommended approval. Chairman stated that this is part of the commitment to assist the Agua Caliente Band of Cahuilla Indians with the development of downtown and does indicate a spirit of cooperation. Resolution 1154 as recommended was,presented; after which, it was moved by Oden, seconded by Jones, and unanimously carried that R1154 be adopted. PUBLIC COMMENTS: None. 11-07-01, Page 2 LEGISLATIVE ITEMS: B. DESERT SHADOWS OWNER PARTICIPATION AGREEMENT Recommendation: On October 24, 2001 Agency continued this matter to approve an Owner Participation Agreement with Desert Shadows III LP providing tax increment financing assistance for offsite improvements for$200,000. A----- and amend the budget thereto. Executive Director withdrew the item. C. 2001-02 FISCAL YEAR BUDGET AMENDMENTS Recommendation: That the Agency approve 2001-02 Fiscal Year budget amendments to transfer cash to Merged Project Area 1 Capital Project Fund from the Merged Project Area 1 Debt Service Fund, via a repayment of loans to and a reloaning of funds from the General Fund. Executive Director withdrew the item. ADJOURNMENT: There being no further business, Chairman declared the meeting adjourned. ' PATRICIA A. SANDERS Assistant Secretary 1 MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY NOVEMBER 28, 2001 An Adjourned Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, California, was called to order by Chairman Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, November 28, 2001, at 5:30 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. ROLL CALL: Present: Agency Members Jones, Hodges, Oden, Reller-Spurgin, and Chairman Kleindienst Absent: None REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Agency procedures on November 20, 2001. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 4 of agenda this date. APPROVAL OF MINUTES: It was moved by Jones, seconded by Reller-Spurgin, that the Minutes of June 6, 13, 20; July 5, 18; August 1; September 5, 12, 19; October 17, 24 and November 7, 2001 be approved. PUBLIC HEARING: None PUBLIC COMMENTS: Steven Sims, Palm Springs, stated that Item A should not be approved; that it is not the appropriate use for Redevelopment Agency funds; that the owner has stated no need for the funding; and that there are other property owners that could use the assistance. Frank Tysen, 175 S. Cahuilla, stated there is a possible violation of Rule 1090; that it seems that the Agency is trying to find ways to assist this developer; that other areas could use the funds; and that a plan should be presented first, then all assisted equally. LEGISLATIVE ITEMS: A. INDIAN CANYON, STEVENS, PALM CANYON PUBLIC IMPROVEMENTS Recommendation: That the Agency approve a contract with Mainiero, Smith and Associates, Inc., for the design and bid specification for public improvement project along North Indian Canyon Drive, Stevens Road and North Palm Canyon Drive for $ . Merged Project Area 1. A-----. Executive Director withdrew the item. ADJOURNMENT: There being no further busin ss Ctrairman declare the meeting adjourned. PATRICIA A. SANDERS Assistant Secretary MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY DECEMBER 5, 2001 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, California, was called to order by Chairman Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, December 5, 2001, at 5:30 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. ROLL CALL: Present: Agency Members Mills, Oden, Reller-Spurgin, and Chairman Kleindienst Absent: None REPORT OF POSTING OF AGENDA: Assistant City Clerk reported that the agenda was posted in accordance with Agency procedures on November 30, 2001. REPORT OF CITY ATTORNEY ON MATTERS, DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 6 of agenda this date. PUBLIC HEARING: None PUBLIC COMMENTS: Frank Tysen, 175 S. Cahuilla, stated that the community needs to be more involved in issues such as the foot bridge at Desert Shadows; that the Bed Tax issue is a concern for small owner-managed hotels; and that the owner-managed Hotel Association should have a seat at the table when these types of issues are brought iUp. LEGISLATIVE ITEMS: A. EXCLUSIVE AGREEMENT TO NEGOTIATE WITH PHILLIP CLEARY Recommendation: That the Agency approve an Exclusive Agreement to Negotiate with Phillip Cleary for the development of a mixed use commercial/residential project in Merged Project Area 1 (formerly North Palm Canyon PA#6) on two parcels totaling 1.75 acres located on the southwest corner of North Palm Canyon Drive and Stevens Road for a period of six months. A433C. Director of Redevelopment reviewed the staff report, and added that there are a few last minute changes to the agreement; that there will be 12 condominiums and a minimum of 7,000 square feet of commercial space:; that there will be no rezoning of the property; and that the Agency has not accepted the price of $400,000 for the two properties. CRA Minutes 12-05-01, Page 2 Chairman questioned the good faith deposit with the execution of the agreement, ' and requested confirmation that the additional $5,000 will be required upon execution of the DDA. Director of Redevelopment concurred. Resolution 1155 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Oden, and carried unanimously that R1155 be adopted. ADJOURNMENT: There being no further business, Chairman declared the meeting adjourned. PATRICIA A. SANDERS Assistant Secretary BARBARA J. WHITE Assistant City Clerk 1 MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY DECEMBER 19, 2001 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, California, was called to order by Chairman Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, December 19, 2001, at 5:30 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. ROLL CALL: Present: Agency Members Mills, Olden, Reller-Spurgin, and Chairman Kleindienst Absent: None REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Agency procedures on December 14, 2001. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 5 of agenda this date. PUBLIC COMMENTS: Steve Sims, 255 El Cielo, stated that the owner of Desert Shadows has stated that no assistance is needed to complete the expansion of the project and added that the developer should be allowed to pay for its own development in total. Frank Tysen, 175 S. Cahuilla, questioned why the Agency is eager to give the Desert Shadows project money; that there are conflicts of interest with the project; that the developer has stated no Agency assistance is needed; that any assistance by the Agency should be based on need, not on who one knows; that the Biltmore and Spanish Inn are projects that need assistance; that those projects should be helped; and that there has been a denial of due process regarding the proposed pedestrian bridge. Agency Counsel clarified that the overall Desert Shadows expansion does include a pedestrian bridge; and that the due process comments was related to that issue. Steve Payne, 1533 Chaparral, stated that there was a comment inferring he had stated he did not need any funding assistance from the Agency, to complete the Desert Shadows expansion project; that in fact, the comment was that the project would happen, but infrastructure would be sacrificed; that the offsite improvements are what the Agency assistance is for; that those improvements benefit not only the project, but the entire community; that the history of Owner Participation Agreements between Desert Shadows and the Agency is a success story; that all assistance has been paid back in one-half of the allotted time; that the proposed area for development has sat blighted for the past 40 years; that direction was given by the Agency to come up with an outstanding project; that the direction has been followed; and that the plans have been highly publicized. 1 Hormee Ramie, 640 N. Indian Ave, stated that the City is seeking an order to demolish the property; that assistance has been requested from the City, but has not been forthcoming; that calls have been made to the City Manager, but not returned; that this building was once one of the most beautiful buildings in the City; that with renovation the same effect can be achieved; that famous people stayed at the Spanish Inn; that the building should be restored; that the only reason the City is seeking the demolition order is to give the property to someone else and requested additional time be given to allow the renovation to take place. APPROVAL OF MINUTES: It was moved by Oden, seconded by Reller-Spurgin and unanimously carried, Mills abstaining on October 24, 2001 that the Minutes of October 24 and December 5, 2001 be approved. PUBLIC HEARING: None LEGISLATIVE ITEMS: A. DESERT SHADOWS III LIMITED PARNERSHIP OPA Recommendation: That the Agency approve an Owner Participation Agreement with Desert Shadows III Limited Partnership for the development of seventeen hotel condominiums located at the northeast corner of Indian Canyon Drive and Stevens Road. MA#1. A434C. ' Agency Member Mills stated conflict of interest due to business. Director of Redevelopment reviewed the staff report and added that it is the gap in financing that triggers the assistance of the Agency, not a windfall to the project. Agency Counsel stated that previously an issue was raised regarding the need for financial assistance; that the staff report at that time did not indicate the additional information regarding the finding that there was a financing gap; that the need has been determined; that the reports do address the finding; that the matter of bridge approval is not a part of the findings; that the project as a whole is being approved; that the separate design of the bridge was addressed by the Planning Commission; that typically the Agency would not review the design, but could do so if desired. Chairman questioned if Agency desired to review the bridge design. Agency consensus was negative. Agency Member Olen questioned the timing of the additional findings and the location of the requested improvements. Agency Counsel stated that subsequent dialogue has been held with the ' developer; that the information is now complete and does address the issues; that it has been determined even with Agency assistance, the full financial gap is not closed; and that the assistance would be used for off-site improvements in the right-of-way. Agency Member Oden questioned what financial assistance is based on. Agency Counsel stated that need is based on an adequate economic return; that the need is not based on personal assets; that with the Agency assistance the project can move forward, and if within targeted areas in the Implementation Plan, then the assistance can be warranted. Agency Member Oden stated that while persons have come forward saying that this particular developer does not need the assistance, nor want the assistance, the assistance has been requested; that this area has not had anyone wanting to invest in it for years; that the assistance the Agency is considering is for public improvements, that is, improvements that enhance the; whole community; that this developer has made an investment in our community; that the community is full of need, but a determination is being made on a balance of what has been done in the past; that the City is tourist friendly; that this is an opportunity to see something better than a blighted block of land; and that it would be good for the citizens to assist the Agency with positive suggestions. Resolution 1156 as recommended was presented; after which, it was moved by Oden, seconded by Mills and unanimously carried, Millis abstain, that R1156 be adopted. B. PS APARTMENTS, LLC OPA Recommendation: That the Agency approve an Owner Participation Agreement with PS Apartments LLC, for the rehabilitation of a 16-unit apartment complex located at 555 & 585 East Cottonwood Road and 556 & 594 East Chuckwalla Road. MA#1. A435C. Redevelopment Director reviewed the staff report. Agency Member Oden stated that this is a part of the Recapture Our Neighborhoods Program; that this area has had alot of focus; that improvements have been done; that the area looks better; and that this will improve the affordable housing stock, Chairman stated that the City targeted this area some years ago for rehabilitation; that blighted areas have been cleaned up; that assistance has been offered to property owners to bring the properties up to Code; that this is a ,viable alternative for the developer and a good benefit to the Community. Resolution 1157 as recommended was presented; afteir which, it was moved by Oden, seconded by Reller-Spurgin, and unanimously carried, that R1157 be adopted. C. COACHELLA VALLEY HOUSING COALITION OPA AMENDMENT#1 Recommendation: That the Agency approve Amendment #1 to Owner Participation Agreement with Coachella Valley Housing Coalition for the construction of nine single family homes located in the Cottonwood/Chuckwalla neighborhood. A394C. Director of Redevelopment reviewed the staff report. Redevelopment Agency stated that this property is in the same neighborhood as the previous action; that the area has changed for the better significantly and added that this will be a crowning housing program for the area. Chairman stated that the work in the neighborhood is appreciated, but in this case there is concern with the design of the project. Resolution 1158 as recommended was presented; after which, it was moved by Oden, seconded by Mills and carried by the following vote, that R1158 be adopted. AYES: Members Mills, Oden and Reller-Spurgin. NO: Chairman Kleindienst ABSENT: None. D. 600-690 N. INDIAN CANYON DRIVE - SPANISH INN Recommendation: That the Agency approve a contract with Dozier Appraisal Company for appraisal services to determine "as is" market value for the Spanish Inn property located at 600-690 North Indian Canyon Drive for$5,500. A436C. Executive Director stated that the property needs to be turned around; that the property needs to be remodeled and if the current owner could do so that would be fine, but in order to take the next step of the abatement process the recommendation does need approval. ' Agency Member Reller-Spurgin stated that the best alternative is rehabilitation not demolition. Agency member Oden concurred with Agency Member Reller-Spurgin and added there have been numerous complaints from the Community regarding the blighted condition. Redevelopment Director stated that the property has been vacant for years; that there have been nuisance,problems that the property has attracted; that recently some of the nuisances have been abated; that the plans for rehabilitation have been worked on for the past month to correct problems, but that the property remains blighted. Agency Member Oden questioned how long the property has been blighted. Director of Planning & Building stated that this property has been a repeated Code violator for may years; that City funds have been spent to secure the property; that time has been allowed to get the property rehabilitated; that the legal process of demolition has been started and that last week an application for rehabilitation was submitted to the Department of Planning & Building by the property owner. 1 Agency Counsel stated there is no question that the property is blighted; that the property is not useful and the potential level of deterioration is significant; that it is beyond the property owners resources to correct, or enough time to do the corrections; that the findings of blight, however are a side issue; that this issue is to explore the process for the Agency to acquire the property and to find a developer to rehabilitate the property; that in order for the Agency to proceed an appraisal needs to be done and that is the recommendation for approval. Resolution 1159 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Mills and unanimously carried, that R1159 be adopted. E. NEIGHBORHOOD REVITALIZATION PROGRAM Recommendation: That the Agency approve Amendment#2 to A400C with R.M. Dennis to perform as construction superintendent of the Neighborhood Revitalization Program for $38,000. Total contract $163,000. Executive Director reviewed the staff report. Agency Member requested a report addressing the number of applicants that have dropped the program, the reason why, and recommend any possible modifications to the program. Executive Director stated a report would be given to the Agency. Resolution 1160 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Oden and unanimously carried, that R1160 be adopted. F. PLAZA THEATER SIGNAGE LEASE PLAZA THEATER LEASE AMENDMENT #2 That the Agency approve a lease agreement with John Wessman, Trustee of the Wessman Family Trust for three Plaza Theater signs located in the Courtyard and approve Amendment #2 to A270'C with the Partnership of the Performing Arts to sublease the area for signage. A437C. Assistant City Manager reviewed the staff report and the location of the three signs. Resolution 1161 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Oden and unanimously carried, that R1161 be adopted. ADJOURNMENT There being no further busies Chairman declared the meeting adjourned. n PATRICIA A. SANDERS Assistant Secretary