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HomeMy WebLinkAbout1/1/1996 - CRA MINUTES MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS JANUARY 17, 1996 A Regular Meeting of the Community Redevelopment Agency, of the City of Palm Springs, California, was called to order by Chairman Klcindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, January 17, 1996, at 6:00 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,Barnes, Hodges, Oden, Spurgin and Chairman Kleindienst Absent: None REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on January 12, 1996. 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 Hodges, seconded by Sputgin, and unanimously carried, that the Minutes of December 6 and 20, 1994 be 'approved; Oden abstaining on the minutes of December 6. PUBLIC HEARINGS: 1. PA1B8 - PLAZA MERCADO (WESSMAN): Res_approving first amendment to the DDA with John Wessman dba Wesstnan Development Co., revise the developer parcel size, configuration and related easements, as required by design refinements to the retail (124- restaurant complex which is to be built on the former Bullocks site on South Palm Canyon 093) Drive. Note: Hearing was continued from December 20, 1995; and will be re-noticed for a future date. No action required. PUBLIC COMMENTS: a) Comments concerning Item 1: Don Frank stated that he has 2,000 signatures of people who support retaining the former Bullock's site as a parking lot as it is now being used; and asked that (124- when the matter is renoticed for hearing, that anyone within the CBD 093) redevelopment zone in that area be notified in writing at least 30 days in advance of the hearing. Darrell Meeks, resident, concurred, and questioned why it was listed as a hearing, and then pulled from the agenda, and it may have been inconvenient for anyone who attended and expected to be heard. LEGISLATIVE ACTION: 2. PSFA 1991 SERIES B HOUSING FUND ISSUE Recommendation: That the Agency approve amendments to the bond documents to allow 1 pledge of housing set aside revenue from the Tahquitz-Andreas, Oasis, Highland Gateway (155- and City-wide Project Areas (PA2, 5, 7 & 9) as additional security of the above bond 004) series debt service. Note: The following reflects portion of, the Financing Authority minutes for record proposes; no added report or discussion occurred during the Agency meeting. In�:" CRA Minutes 1-17-96, Page 2 2. PSFA 1991 SERIES B HOUSING FUND ISSUE (Continued) Director of Finance reviewed details of his report, noting that pledge of the housing set aside funds to this bond issue will forestall added costs because of the potential change in the bond rating as a result of the series being placed on credit watch by Standard & Poor's. He stated that without any action on the part of the Authority and Agency, the ' rating will be lowered, possibly to a speculative grade category; that the down side of (155- pledging the remainder of housing funds which are not already pledged is that could 004) become more difficult to bond against future housing funds; and that there will not be additional out of pocket costs for the City as a result of the proposed action. In answer to questions by the Authority, he stated that the discussion with S&P included whether there world be any guarantee not to reduce the rating if the action is taken, and that there was no such guarantee, although such reduction would occur if no action is taken, and he thought the worse case would be a reduction from A to A-, but that was not an absolute certainty or guarantee; that future bonding may be possible if future tax increment revenues increase, but not against existing housing funds; and that the action could be reversed in the future, however, it would require approval of the trustee and proof that there was sufficient money to cover the cost. Resolution 996, as recommended, was presented; after which, it was moved by Spurgin, seconded by Barnes, and carried by the following vote, that R996 be adopted: AYES: Barnes, Oden, Spurgin, Kleindienst NOES: Hodges ABSENT: None 3. PA3 - MAGRUDER CHEVROLET/GEO Recommendation: That the Agency approve an Owner Participation Agreement with Magruder Chevrolet/Geo, including assistance up to $200,000 for refurbishing and improvements to property at South Palm Canyon and Mesquite Avenue, A366C. (124- Director of Economic Development stated that this is a business retention activity; that the owner's lease expires and they have been enticed to relocate; that a major physical renovation has been undertaken at the request of General Motors, and the owner has asked for Agency assistance in that regard; that the proposal would give assistance over a seven year period, with a $200,000 cap; that the assistance is proportional to the increases in the sales tax receipts from the project over that seven years, and the amount of annual disbursement shall not exceed $20,000; and if all of the obligations are fulfilled by the owner, and the goals of the project are achieved, the principal of the loan will be forgiven over a 10-year period. Member Spurgin commended the Director and Executive Director for making sure the business stayed in Palm Springs. Resolution 997 as recommended, was presented; after which, it was moved by Spurgin, seconded by Hodges, and unanimously carried, that R997 be adopted. 4. PI - PROPERTY IMPROVEMENT PROGRAM Recommendation: That the Agency approve guidelines for the Highland Gateway Redevelopment Project Area Improvement Program; and approve a loan guaranty of $20,000 for the first project by Molly Gray and Reginald Hall. Director of Economic Development reviewed his report, noting the three points of the program, i.e., the $100,000 for the program, targeted at larger or more comprehensive (124- projects with loans from outside lenders; loans for exterior tenant improvements; and ) loans for exterior property enhancements made by property owners. He also reviewed the first proposed project for a small commercial development on San Rafael Road. CRA Nhnutes 1-17-96, Page 3 4. PA7 - PROPERTY IMPROVEMENT PROGRAM (Continued) Member Hodges stated that she felt 24 months was too long of a time in which to create new jobs, and that 12 months would be more reasonable. Director of Economic Development explained that similar programs in other communities were studied, and the 24-month period was found to be the one generally followed, however, it could be lessened, and negotiated downward, but i[he 24 months set as a standard. City Manager stated that he felt the 12 mouths would be the desired target, but asked for flexibility to adjust it upward if necessary'. Chairman concurred with Member Hodges, and with the flexibility to the Director to negotiate added time if that is necessary. In answer to the Agency, the Director stated that this is the first project in the area, in that there has not been such a program either for this Redevelopment Project Area, or any other; that the downtown improvement program is related to facade improvements, and not job development; that if the program is undertaken in other project areas, the guidelines would hold taste for them as well; and that the finds are from tax increment in the Project Area. Resolutions 998 and 999, as recommended, were presented; after which, it was moved by Spurgin, seconded by Hodges, and unanimously carried, that R998 nd 999 be adopted; and that the Executive Director have the flexibility of extending the time period in which to create new jobs beyond 12 months. REPORTS: (For Information): Financial disclosures in various project areas filed with Agency Assistant Secretary by new Members Barnes and Oden; reported for record purposes, pursuant to the Health & Safety Code, Community Redevelopment laws. ADJOURNMENT There being no further business, Chairman declared die meeting adjourned. I PUDIT USH MI H Assistant Secretary 00i -1;3 MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS FEBRUARY 7, 1996 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, February 7, 1996, at 6:00 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 Barnes, Hodges, Oden, Spurgin and Chairman Kleindienst Absent: None REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on February 2, 1996. PUBLIC COMMENTS: None LEGISLATIVE ACTION: 1. PA6B14 (LINSU) Recommendation: That the Agency approve an Indemnity Agreement with Stewart Title for property at SE corner of Vista Chino and Indian Canyon Drive, A367C. City Attorney explained that the acquisition of the property is a part of the agreement with Linsu, for development of the site (expansion of the Desert Shadows Iim), and in order to obtain title insurance and the loan, the indemnity is required from the Agency that it ' will proceed with the condemnation, and that actual title will occur after the trial is 108) completed, which could possibly take 12 months; and that the indemnification will allow 1 ) the developer to proceed. Resolution 1000, as recommended, was presented; after which, it was moved by Hodges, seconded by Spurgin, and unanimously carried, that R1000 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. "JUDITH UMICH Assistant Secretary MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS MARCH 6; 1996 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 6, 1996, at 6:00 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 Barris, Hodges, Oden, Spurgin and Chairman Kleindienst Absent: None REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on March 1, 1996. 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 Hodges, seconded by Barnes, and unanimously carried, that the Minutes of.January 17 and February 7, 1996 be approved. PUBLIC COMMENTS: (3-minute limit per person on matters within the jurisdiction of the Agency) LEGISLATIVE ACTION: 1. PA7 - REGINALD HALL & MOLLIE GRAY-HALL 1 Recommendation: That the Agency approve a Loan Guaranty Agreement, an Owner Participation Agreement, and an Indemnification Agreement, between the Agency, Palm Springs Savings Bank and Reginald T. Hall and Millie M. Gray-Hall, concerning the (124- improvements at 406 - 410-A San Rafael Road, A368C. 111) Executive Director highlighted the Memorandum of the Director of Economic Development, noting that the action is a follow-up to the Agency's prior action associated with this matter. Resolution 1001 as recommended, was presented; after which, it was moved by Hodges, seconded by Barnes, and unanimously carried, that 111001 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. t _:JUDITH SUMICH Assistant Secretary F) rt MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF Pi, ,M SPRINGS APRIL 3, 1996 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 3, 1996, at 6:00 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 Barnes, Hodges, Oden and Chairman Kleindienst Absent: Agency Member Spurgin REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on March 29, 1996. 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 Hodges, seconded by Barnes, and unanimously carried, Spurgin absent, that the Minutes of March 6, 1996, be approved. PUBLIC COMMENTS: (See City Council minutes of this date for comments made during this portion of the meeting, all related to City Council agenda Item 1) LEGISLATIVE ACTION: ' 1. SECTION 35 - LAND DISPOSITION Recommendation: That the Agency approve a First Amendment to a Purchase and Sale and Assignment of Lease Agreement, between the Agency and the City, on November 15, 1995, concerning acquisition of certain property in Section 35, in order to correct legal (124- description of the property as contained in the agreement. 112) Executive Director highlighted the memorandum of the Director of Public Works, and noted that this is simply to correct the legal description of the sale previously authorized by the City and the Agency to show the correct property conveyed. Resolution 1002, as recommended, was presented; after which, it was moved by Hodges, seconded by Barnes, and unanimously carried, Spurgin absent, that R1002 be adopted. ADJOURNMENT There being no further business, Mayor declared the meeting adjourned. _ fUDITH SUMICH Assistant Secretary 1 MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALTER SPRINGS TUNE 5, 1996 A Regular Meeting of the Cotnmunity'Redevelopment Agency, of the City of Palm Springs, California, was called to order by Chairman Kleindienst, in the Council Chamber, 3200 Talhquitz Canyon Way, on Wednesday, June 5, 1996, at 6:00 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'Barnes, Hodges, Oden, Spurgin and Chairman Kleindienst Absent: None REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on May 31, 1996. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) -See items on Page of agenda this date. APPROVAL OF MINUTES: It was moved by Hodges, seconded by Barnes, and unanimously carried, Spurgin abstaining, that the Minutes of April 3, 1996, be approved. PUBLIC HEARINGS: 1. 1996-97 BUDGET Conduct hearing regarding the 1996-97 budget. No report given. Mayor declared the hearing open. Darrell Meeks,resident, slated that regarding the downtown parking problem and possible parking structure, he has previously reported on the matter of :losing three spaces on Indian Avenue/Tahquitz Canyon Drive, and on the east side of Indian Avenue, by having those painted red; that curbs previously painted red, on Andreas have been painted white, and he questioned who will be sued if there is an accident or someone is hurt as a result of these changes; that he believes the City staff knew of the changes, and the painting (124- occurred before anyone was consulted, or there was any discussion; dial he questioned 013) how the red paiutiug occurred without a resolution of the City Council, as required under State law, reciting the safety factors; that lie understood the Council was negotiating with the Tribal Council for more parking on the Agency's property (former fire station site) and it should ask the Tribe to repaint the cub on both Indian and Andreas. Ile stated that 10 spaces have been lost, and Mr. Ogburn previously stated that one space for a restaurant has the potential of $9,000 revenue; that he questioned who advised Mr. Ogburn to promote the parking structure; and that he hoped the Agency would request the City Attorney to look at the legality of re-painting the curbs to red, without a Council resolution, and would look at reversing all of the 78 spaces changed in the recent past, and not just grandfather them in. Dick Sroda, resident, stated that instead of putting a fence around a park, the Agency should use the money to put into the Plaza Theater fund, as it only has $126,000 remaining and will be faced with acquisition of the property at a price of$1.8 million in two years; that a long-term bond would be acceptable, if the voters approved it, which would require a 2/3 vote; that Certificates of Participation are only a means of getting around Pi op. 13; that the Agency cahoot count on continued borrowing from other funds; that if the Mr. Ogburn requires as^.:atancelfor VillageFest, he: should hire the person out of his earnings. CRA Minutes 6-5-96, Page 2 1. 1996-97 BUDGET (Continued) Eric Meeks, Calle Palo Fierro, expressed his opinion of Mr. Ogburn, and that he did not have a positive experience when lie attempted to expand his business into adjacent vacant stores, and believed he was prevented from doing so as a result of Mr. Ogburn's actions; and he was still willing to expand his business, and to work with Director of Economic Development. There were no further appearances, and the ]tearing was closed. No action required at this time. PUBLIC COMMENTS: None ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. ,5 JUDITH SUMICH Assistant Secretary MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS JUNE 19, 1996 A Regular Meeting of the Community Redevelopment Agency, of the City of Palm Springs, California, was called to order by Chairman Meindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, June 19, 1996, at',6:00 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 Barnes,Hodges, Oden, Spurgin and Chairman Kleindienst Absent: None REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on June 14, 1996. 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 Barnes, seconded by 11odges, and unanimously carried, that the Minutes of June 5, 1996 be approved. PUBLIC COMMENTS: a) Darrell Meeks, resident, commented regarding Item 31 of the CRA Closed Session agenda, and stated that he had no problem with American Stores, rather of the Council not negotiating with them to make certain that they do not leave another empty store on Vista Chino, if they build a Sav-On at Tahquitz & Sunrise. LEGISLATIVE ITEMS: 1. 1996-97 BUDGET Executive Director stated that the proposed budget resolution is exactly the same as presented in budget review. Member Hodges stated that she would not support approval of the budget as written; that she was extremely concerned about the Plaza Theater; that she fell her concerns had fallen ( 124- on deaf ears; that the Agency heard the proposal concerning Frances Stevens Park, but 113) no one said that there was not any money to purchase the Plaza Theater for $1.8 million that the Agency is obligated to, because what funds there were for it were used for other things, and she did not know where it is proposed to come from; that staff has said that they are looking into different proposals, but she felt the funding probably will fall short even if the Agency is able to find some kind of financing for it; that the Agency should be preserving all the money that it has in redevelopment, and not spending it elsewhere, as much as it would like to spend it on other projects; that the Agency must begin to accumulate the funds and to plan for something that was obligated ten years ago. Director of Finance noted that there are minor changes, i.e., the pass-through agreement with Riverside County Flood Control District obligation from 95-96 into 96-97, which is about $162,000, has been moved from year to year. Member Spurgin stated she, too, would not support the budget; that at the last meeting, she asked for a written report on the repayment of the Plaza, Theater. In response to question by the Agency, 'City Attorney stated that the charter requires approval of the budget by June 30, and if not adopted by that date, a resolution must be adopted authorizing expenditures for a given period of time, which is not recommended, but is an option. CRA Minutes 6-19-96, Page 2 1. 1996-97 BUDGET (Continued) In answer to question by the Agency, Director of Finance stated that the Plaza Theater note is clue September, 1998, and the agreed upon price, after adjustment for CPI, is currently$1.8 million; that in 1995-96,$100,000 from PA9 was transferred into the Plaza Theater account; that there is no note, with a payment schedule, and the option must be exercised, and is a one-way option; that there is some rental from the site, and an agreement with Wessman to purchase Louise's Pantry and the former Karen's Korner (currently Pops)which would provide some cash, but beyond that, options for borrowing at the cheapest rate would have to be looked at. Member Spurgin stated that she would like to know that the rental income has been used for, and if it has been separately saved; and what the written plan is to address this matter. Member Hodges stated that the Agency must decide the policy whether to continue funding project when it knows that it has a big obligation pending, and does not have the money coming in to address it; and that until that she knows how it will be addressed, she does not favor the proposed budget. In answer to question by Council, City Manager reported that the Stevens Park item is estimated between $180,000-185,000. It was moved by Spurgin, seconded by Oden, and unanimously carried, that this matter be continued to June 26, 1996, 2. PA9 - PASS-THRU AGREEMENTS, 95-96 BUDGETS: Res _ approving budgets (124- submitted by P.S. Unified School District, the Desert Community College District 066) (C.O.D.), and the Riverside County Superintendent of Schools for 95-96 capital improvements pursuant to cooperative agreement for pass-through of tax increment. (124- Executive Director recommended that this matter be continued, since the budget was not 098) adopted. It was moved by Spurgin, seconded by Barnes, and unanimously carried, that this matter be continued to June 26, 1996; Oden abstained concerning College of the Desert. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned to June 26, 1996, at 7 p.m. 7UDITH SUMICZI Assistant Secretary 0 �10 MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS JUNE 26„1996 An Adjoumed Regular Meeting of the Community Redevelopment Agency, of the City of Palm Springs, California, was called to order by Vice-Chairman Spurgin, in the Large Conference Room, 32:00 Tahquitz Canyon Way, on Wednesday, June 26, 1996 at 7 p.m. ROLL CALL: Present: Agency Members Barnes, Hodges, Oden and Vice-Chairman Spurgin Absent: Chairman Kleindienst REPORT OF POSTING OF AGENDA: Assistant City Clerk reported that the agenda was posted in accordance with Agency procedures on June 21, 1996. PUBLIC COMMENTS: Darrell Meeks, urged the Agency should vote no on the contract between the City and Jerry Ogburn. Bette Tummello, requested Council review the possible need for crosswalks at Alejo and Belardo. LEGISLATIVE ACTION: 1. 1996-97 BUDGET City Manager reviewed report submitted by Director of Finance and Treasurer, dated June 24, 1996, concerning the Plaza Theater and potentizl repayment, a copy of which is on file with the City Clerk. Agency Member Hodges stated that in the past previous Agency members have suggested selling Agency- (124- owned property; and that if the properties are sold, money will be added to the tax rolls, and the finds 113) could be used to rejuvenate other properties. Vice-Chairman Spurgin concurred with Member Hodges,and requested a written report of Agency-owned properties. Resolution 1003 adopting 1996-9 7 budget was presented; after which, it was moved by I-Iodges, seconded by Barnes, and unanimously carried, Meindienst absent, that R1003 be adopted. 2. PA9 - PASS-THRU AGREEMENTS, 95-96 BUDGETS City Manager reviewed staff report, no further report was given. Resolution 1004 approving budgets submitted by P.S. Unified School District, the Desert Community (124- College District (C.O.D.), and the Riverside county Superintendent of Schools for 9.5-96 capital 066) improvements pursuant to cooperative agreement, for pass-through oil'tax increment was presented; after which, it was moved by Barnes, seconded by 116dges, and carried by the, following vote, that R1004 be (124- adopted. 098) AYES: Member Barnes, Hodges and Vice-Chairman Spurgin NOES: None ABSENT: Chairman Kleindienst ABSTAIN: Member Oden (concerning C.O.D.) ADJOURNMENT There being no further business, Vice-Chairman declared the meeting adjourned. JUDITH SUMICH Assistant Secretary By: PATRICIA A. SANDERS Acting Assistant Secretary MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS JULY 3, 1996 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 3, 1996, at 6:00 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 Barnes, Hodges, Oden, Spurgin and Chairman Kleindienst Absent: None REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on June 28, 1996. 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, and unanimously carried, that the Minutes of June 19, 1996, be approved. PUBLIC COMMENTS: - None LEGISLATIVE ITEMS: 1. Resolution 1005 approving Continuing Appropriations from fiscal year 1995-96 into 1996- (124- ' 97, was presented; after which, it was moved by Hodges, seconded by Barnes, and 113) unanimously carried, that R1005 be adopted. 2. PA61314 - LINSU Recotmnendation: That the Agency approve an Indemnity Agreement with First American Title for property located at the southeast corner of Vista Chino and Indian Canyon Drive, A369C City Attorney reported that the agreement is the second of indemnity agreements for the (124- project in order to enable issue of title report for the subdivision(TM 28284)map; noting 108) that the title to the property being acquired under eminent domain has not been completed, but the Agency has prejudgment possession, and the title company requires the indemnification in order to issue the report. Resolution 1006, as recommended, was presented; after which, it was moved by Hodges, seconded by Spurgin, and unanimously carried, that R1006 be adopted. ADJOURNMENT There being no further business, Mayor declared the meeting adjourned. JUDITH SUMICH ' Assistant Secretary 042 C71TY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY AND CITY COUNCIL MINUTES AUGUST 7, 1996 A Regular Meeting of the Community Redevelopment Agency and the City Council of the City of Palm Springs, California, was called to order by Chairman/Mayor Kleindienst, in the Council Chamber, 3200 Taltquitz Canyon Way, on Wednesday, August 7, 1996, at 6:00 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/Councilmembers Oden, Spurgin and Chairman/Mayor Kleindienst Absent: Agercy/Councilmembers Barnes and Hodges The meeting was opened with the Salute to the Flag, and a moment of silence. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on August 2, 1996. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSEI1 SESSION (All Entities) - See items on Page 3 of agenda this date. IIOUSING AUTHORITY; INDUSTRIAL DEVELOPMENT AUTHORITY; FINANCING AUTHORITY; - No Business COMMUNITY REDEVELOPMENT AGENCY: Convene in Joint Session as the City Council and Community Redevelopment Agency: PUBLIC HEARINGS: 1. PA2 - INDIAN GAMING FACILITY - DDA AMENDMENT Consideration of Amendment 1 to Disposition & Development Agreement (No. 339C) between the Agency and the Agua Caliente Band of Cahuilla Indians, concerting proposed Indian Gaming Facility in area generally bounded by Amado, Calle Alvarado, Andreas and Indian Canyon Way, to modify project boundaries; and finding and determining that no subsequent negative declaration is required for the said amendment. Deputy City Attorney stated that this is a joint public hearing on a proposed amendment. to (124- the disposition and development agreement, that was entered into between the Community 106 Redevelopment Agency and the Agua Caliente Tribe; that the DDA related to various agency assistance in the Tribe's proposed development of an Indian gaming casino, within the Redevelopment area; that the casino consisted of approximately 119,000 sq. ft. stand-alone type facility and also involved the development of parking facilities; that the Tribe was to put in all public improvements; that additionally, that original DDA envisioned a series of property transfers including the Agency selling an approximate four acre site, known as the Prairie Schooner parcel, in addition to the,fire station parcel at fair market value; that the proceeds from each of those sales were then going to be put into an acquisition fund, and from that fund two other properties were going to be acquired; that those properties were called the Post Office parcel and the Hirsch parcel; that a few things have changed between the time that DDA was entered into and the situation that now faces the Tribe, the City and the Agency; that the management company that the Tribe had originally proposed to manage the casino, Caesars, is no longer part of the picture; that any differences between the Tribe and Caesars were resolved amicably;that the Tribe began conducting Indian gaming activities at the Spa hotel; that the Tribe acquired various properties that were covered in the DDA; that given these changes, both the Tribe and the Agency staff have, reassessed the DDA and have negotiated an amendment; that staff believes that this amendment actually places the City and the Agency in a better position ,under the DDA; that the amendment changes a number of major deal points in the DDA, and also makes minor modifications to the extent of location and layout of the casino; that 'the Agency prepared and publicly circulated a summary report, that contains a significant)amount of the information; that a highlight of the major change to the financial structure as � Agency is no longer going to be selling that Prairie Schooner parcel; that there will not be,any money from any land sales by the Agency to the Tribe to acquire additional property for the benefit of the Tribe, to be incorporated into n4 � CRA Minutes 8-7-96, Page 2 1. PA2 - INDIAN GAMING FACILITY - DDA AMENDMENT (Cont'd) the gaming facility or its related parking; that the prior DDA contemplated almost $1.9 million dollars from the sale of the Prairie Schooner parcel and the fire station parcel, that would go into an acquisition fund,from which the post office and Hirsch parcels were going to be acquired; that the Agency will keep all of the proceeds from the contemplated sale of the fire station parcel and will not sell the Prairie Schooner parcel; that there is a map available identifying the various parcels, for anyone to see; that by essentially eliminating the Agency's contribution into this acquisition fund, it eliminates placing Agency funds in an investment position in the casino; that the casino site has now been moved, and downscaled and will be integrated with the existing Spa Hotel operation; that there are changes to the Fire Station transaction; that originally it was an out-and-out purchase; that now it is proposed to be a lease purchase option;that the Tribe will pay and has indeed already tended$19,000 for a one-year lease of the property, which comes with an option to purchase any time during that year; that if that option is exercised, the$18,000 is applied to the purchase price, which remains unchanged at $596,000; that there are restrictions on the lease, for this one-year period; that those restrictions include the requirement that the Tribe improve the property with at least $25,000 of physical improvements which will all go to making this parcel a surface parking facility; that if the Tribe does not exercise the option, on this parcel, within one year, the property reverts back to the City, and the City will retain all improvements constructed on the property; that originally the mitigation fee was a floating percentage and was to be paid by the Tribe to the Agency, in consideration of the services and burdens that are placed on the City from the operation of the casino; that it had pegged certain performance criteria for the casino's profitability, and then above those various thresholds that were spelled out in the agreement, the City would take a declining percentage of what was essentially the casino's take; that the current DDA amendment eliminates this potential area of dispute, and there is now a fixed amount that will be paid to the Agency; that it begins one year after the casino opens operations, starting at $100,000 annually and rises incrementally by$25,000 per year through the first five years, then through years six through ten, up to $300,000 per year; that there is the internal clean-up element of the document that removes two parties: Caesars, who is no longer involved, and the Tribe Transfer Corporation; and that the Corporation was essentially an entity set-up to allow the City to take advantage of a limited waiver of sovereign immunity, in order to accomplish some of the property transfers that were involved which are no longer necessary. He stated the Director of Planning and Building would present the conceptual plans submitted by the Tribe, covering essentially what the Tribe anticipates doing in terms of the development of the down-scaled casino, and how that plan relates to the prior Environmental Assessment and Negative Declaration. Director of Planning & Building stated that the recommendation before the Agency was to find and determine no subsequent negative declaration is required, and to approve the proposed amendment; that it is not final approval of the project; that the final plans will be presented within 40 days, including a detailed site plan; that the original plan was to include two phases; that the first phase was comprised of 74,000 square feet and the second, 119,000 square feet; that the new proposal is 94,000 square feet of building area, and is consistent with the environmental assessment; that the boundaries have changed a little, but are still within the environmental assessment area; that the parking issue was a concern; that staff will be working closely with the Tribe to ensure the range in numbers of spaces will be sufficient; that the key issue with parking is placement; that the parking and activity area has moved away from the residential condominuin area, and relates better to the overall scheme; that the casino has been moved further way from the residential area; so that the entire issue of ' parking, lighting, and noise will be a lessor impact for any residences in the vicinity; that the negative declaration adopted in 1994 will be adequate for the project; that there are some issues that the Tribe did not have to address such as air quality, but that the project falls within SQAMD guidelines; that overall the project has been modified to be a much better product; that the impact on the surrounding residential neighborhood will be lessened; that proposed modified casino will have a second floor that can be used for bingo, or a show area and that there will be below existing grade a subterranean service area for deliveries. He reviewed the proposed site plans. City Attorney stated that there are two parallel resolutions for each body i.e. finding that the prior Environmental Assessment and Negative Declaration adequately addresses the first amendment to the DDA which makes three findings required under CEQA Regulation 15162, specifically that there are no substantial changes to the project that require major 044 CRA Minutes 8-7-96, Page 3 1. PA2 - INDIAN GAMING FACILITY - DDA AMENDMENT (Cont'd) changed revisions to the prior documentation that was done; that there are no substantial changes with respect to the circumstances under which the project was undertaken, which create new effects or increase the severity of identified effects; and that there is no new information of substantial importance, regarding significant effects or mitigation measures, which show that there are going to be new effects, increased severity of previously identified effects, or new mitigation measures. He stated that the second action is approval of the DDA itself, which includes authorization to execute the lease agreement on the fire station parcel; that this is governed by Health and Safety Code 33433; that there are four findings involved; that the first is that the first amendment will'help alleviate blight; that there are no new blight findings; that those findings were made in 1983 and are beyond legal question; that the first amendment to the DDA, will help to alleviate those conditions; that there is evidence in the record that the proposed project will generate jobs, somewhere along the order of 800; that tourist trade will be enhanced and will provide a broader range;of activities for tourists who are coming into the area; that it will provide economic stimulation, and added exposure to surrounding businesses; that with the primary entrance being on Indian Canyon, it will enhance Indian Canyon as a commercial corridor; that it will help the City's TOT by drawing more people to the area and decreasing vacancy rates in and around the redevelopment area; that the second finding is that the property interest that is being sold is not less that fair market value; that in this regard the sale price is $596,000; that. the DDA references an appraisal that was done in 1993 which found the value of the property to be $581,000; and it is being transferred at above that 1993 appraised value; that the Agency's experience, working in and around the area indicated since 1993, property values for commercial type properties, such as this,have dropped substantially anywhere between 12 and 30 percent; that there is a lease involved with the DDA; that this may not necessarily be fair market value, but, the concept of Redevelopment law allows "fair reuse value"; that the finding under the provisions of the lease, is that the Agency is not getting any less than fair reuse value; that the restrictions on the Fire Station lease are fairly heavy; that the rent, for the full year period, is paid up front, and there is no refund mechanism if the leasehold is terminated prior (124- to that time; that secondly the property must be used for parking purposes, and the Tribe 106) must make at least $25,000 worth of improvements to the parcel; that in the event the lease terminates and the option is not exercised, the Tribe will forfeit any improvements that are in place; that the general presumption for fair market value of a leasehold interest, that many appraisers use, is 10% of the fair market value; that taking this number at the appraised value, presuming that it is higher than fair market value, at $581,000, equals a fair market rent of approximately $58,000, subtracting the$25,000 improvements that have to be made, and$18,000 amount already paid, there is an effective gap between of what is being paid and what might be the rule of thumb fair market value of$15,000; that given the amounts of the restrictions on the lease, it matches up very well, and the Agency is getting $18,000 of fair reuse value, subject to all of the restrictions on the lease; that the final finding is that the first amendment of the DDA is consistent with the implementation plan; that in 1995, the Redevelopment Agency, pursuant to changes in Redevelopment Law, had to enact an implementation plan to indicate implementation of the goals of the redevelopment plan; that the resolution prepared sets forth six of the goals of this plan, primarily related to coordinating and consolidating land uses and stimulating economic development; that referring to specifics of the resolution, all matters are consistent with the implementation plan, and that the project that is contemplated by the DDA will help implement the plan as proposed. He stated that as a few errors were found in some of the documents and the changes have been reviewed with Tribal Chairman Mr. Milanovich;that the recommendation is that the Agency and the City Council proceed and approve the documents, subject to City Attorney revisions; which are not substantive, and which clean-up typographical errors, and the like. Mayor declared the hearing open. Dick Sorda, stated that the Council should oppose the amendment; that the entire issue should be ignored; that if approved, the Council will be opening the City to lawsuits; that the Council had stated publicly that the month of August would be "dark" for Council meetings; that this meeting is then called which is of vital interest to the Community; that it is questionable why the amendment eliminates a $1.5 million subsidy; and questioned if the Council was limiting the City's liability by the proposed action or trying to correct some bad legal advice; and added that the parking situation is being handled like the downtown parking 045 CRA Minutes 8-7-96, Page 4 1. PA2 - INDIAN GAMING FACILITY - DDA AMENDMENT (Cont'd) disaster; that this Council is placing future Councils in a bind; that a new full and complete EIR should be completed on the project; that the agreement states that the City will promote the gambling center; and added that the big issue is not about a gaming center, but what will happen to the Community with the gaming influence. ' Darrell Meeks, stated opposition to the gaming issue; and added that although the public hearing notice had been published according to legal statutes, the Council has repeatedly stated the month of August would be "dark" for meetings; that someone must have known about the public hearing in advance; that the perception is that the Council is sneaking this item through; that the community could support this action if some of the profit of the Indian gaming would be used to start a college or vocational school; and that should the Indians choose to use some of the profit in such manner to benefit the community, it would be a precedent for others of the Native American nations. Joel Simpson, 3052 Monte Vista Way, stated that the Native American Indians are a sovereign nation; that the United States would not presume to tell Mexico or Canada what to do with their land; and that the City should not try to influence another nation with it's land use. Erik Meeks, 1317 Calle Palo Fierro, requested a copy of the map indicating proposed project by the Agua Caliente Tribe. John Weyser, stated that there may be some question regarding IRS tax law and the use of redevelopment funds; that the land in question will be used in violation of State law; that the Fire Station parcel is proposed to be leased for one year to the Indians and then eligible to - be sold; that the land is "State" land; that even though it is a sovereign power buying the 1 124 24 land, the process being used is to circumvent State law; that the City is not bound to the 06) Negative Declaration, but could request a full EIR;that the planning function for the process is flawed; that the Planning Director mentioned that the Tribe is not bound to SCAQMD, but the City is; that not only does the proposal effect air quality, but also the socioeconomics of the City; that gaming enriches a few and puts many in poverty; that this matter should not be rushed into; that every issue should be examined with as much material as possible; and that the decision the Council makes will impact the community for decades. Don Frank, stated that there has not been adequate time to review all the material provided; that the Council has announced repeatedly that it would be "dark" in August; that everyone should be notified when the Council is going to change land boundaries; that the highest moral values are expected from elected officials; that this issue involves integrity and honor; and he read an article from the Desert Sun titled Morality Wears a Mask, and an excerpt regarding miles to live by. Chairman Milanovich introduced various members of the Agua Caliente Tribal Council; and stated that negotiations regarding the proposal have been ongoing for months; that even though the negotiations were stressful at times, both Council's worked through the problems to come to resolution; that the majority of concerns were addressed; that the way the project has evolved will be the right thing for the City; that the Agua Caliente's are assuming responsibility for themselves; that the project is to benefit, and not cause a burden; that the City has concerns, as the Tribe does; that the Tribe made charitable contributions to various organizations from profits of the project, and will continue to do so; and requested Council approval of the proposal to allow the Tribe to proceed hand-in-hand with the City. Fred Ebeling, stated that there is no reason to rush approval of the proposal; that the Tribal Chairman should be comfortable in allowing more time for the City to review all the material; that a full EIR study should be ordered; and advised the Council against rushing into a judgement. Bette Tuminello, stated that in every real estate transaction there is a willing seller and a willing buyer; that negotiations have been proceeding for a long time regarding this matter; and that, in her opinion, the proposal is agreeable. Q4R CRA Minutes 8-7-46, Page 5 1. PA2 - INDIAN GAMING FACILITY - DDA AMENDMENT (Cont'd) Tom Davis, Tribal Planning Consultant, expressed appreciation to City staff for efforts regarding the matter; and added in response to question by Agency Counsel, that valet parking would be provided on the same side of the street as the casino; and perhaps temporary valet service on the opposite side of the casino. There being no further appearances, Chairman/Mayor declared the hearing closed. Agency/Councilmember Oden questioner) the effect of the proposed action on any pending litigation regarding this item. Agency Counsel/City Attorney stated that there remains two separate pieces of litigation in Appellant Court; that a stay on the DDA will not be issued; that there is no impediment for the DDA or the project; that Indian Law is murky at best, but'that advice has been tendered and agreed to by the Supreme Court; and added that there is no procedural or impediment reason for delay. Chairman/Mayor stated that the entire Council participated in the negotiation process with the Tribal Council; that communication lines between the Council's have been opened; that the amendment to the DDA is needed; that,Caesars is no longer a part of the venture; that the location of the casino has changed; that the new location is better than the original, due to the distance of any residential dwellers; that the setbacks will be greater; that the community benefits better with the amendment; that there have been many meetings on sensitive issues; that the line of communication that has been opened is based on trust and the quality of the leaders; that the amended performance schedule is accelerated; that the Tribe is anxious to start; that with the casino in place, the City will benefit from revitalized tourism dollars; that there has not been a notable change in police or fire calls, but that the Tribe offered a guaranteed amount anyway to mitigate any increase; that the quality of the proposal is much better than the previous approved project; that the Council is not acting in (124- violation of State law; that the matter has been reviewed extensively by the legal department; 106) that the City of Palm Springs has spent money defending the right of the original DDA; that the amendment provides for the Tribe to pay the cost of defending the action up to a certain amount; that there has been comment regarding a full EIR; that there are proposed changes to the DDA that are for the better, such as a reduction in size and height of the casino and the parking area; that traffic,will be better handled; that no City money is being used to assist in the project; and that the combined DDA and amendment will be a better overall project. Agency/Councilmember Spurgin stated that the proposal will bring Indian Canyon into the downtown loop; that hopefidly the businesses located on Indian Canyon will see a benefit; and that negotiations have been in good faith; and she recommended approval. Agency/Councilmember Oden stated that there were many hours spent in negotiations; that both Council's worked for the betterment of the community; that the casino will provide for economic viability and that means jobs, not only for the Tribe:, but for the City. Executive Director/City Manager stated that the month of August was anticipated to be "dark", but that the hearing had been already scheduled and that announcements of the meeting were made at the earliest possible date. Resolution 1007 making findings as recommended was presented; after which, it was moved by Kleindienst, seconded by Spurgin, and unanimously carried, Barnes and Hodges absent, that R1007 be. adopted; and Resolution 1008 approving the DDA as recommended was presented, with language clarification by City Attorney, after which; it was moved by Spurgin, seconded by Oden, and unanimously carried, Barnes and Hodges absent, that R1008 be adopted; and Resolution 18882 City companion resolution of CRA R1007 as recommended was presented; after which, it was moved by Oden, seconded by Spurgin, and unanimously carried, Barnes and Hodges absent, that R18882 be adopted; and CRA Minutes 8-7-96, Page G 1. PA2 - INDIAN GAMING FACILITY - DDA AMENDMENT (Cont'd) Resolution 18883 City companion resolution of CRA R1008 as recommended was presented, with language clarification by City Attorney, after which; it was moved by Spurgin, seconded by Oden, and unanimously carried, Barnes and Hodges absent, that R18883 be adopted. PUBLIC COMMENTS: a) Comment regarding Item 1: Tribal Chairman Milanovich thanked the Council for action; and stated that (124- negotiations were long; that all negotiations were in good faith; and thanked all 106) parties involved. b) Comments on matters not on the agenda: Darrell Meeks, congratulated the Council for acceptance of the International Short Film Festival; that business was brisk during the showing; and that it is hopeful that the event will continue for many years. Linda Cooper Lee, informed the Council that Sunline has established a bus route on Indian Avenue; and stated a City Employee had acted in an inappropriate manner towards her; that copies of materials have been requested from the Human Resource Department; that the copies obtained were incomplete and entailed a five and one- half hour wait; that the material contained language of character defamation; and that the intention is not to go to civil court; but that some type acknowledgment should be made by the City. Fred Ebeling, stated that he was a witness to Ms. Cooper Lee's event at Sunline; that Ms. Cooper Lee does have a video tape of the meeting; that the Mayor has done ' some follow-up regarding incident; that the issue is not one of personality conflict, rather violation of freedom of speech; that the Human Resource Benefit Officer has whitewashed the incident; that some type of discipline should be in order; and complimented Ms. Cooper Lee on behalf of all her efforts concerning Community activism. Joel Simpson,Brdcescrew Enterprises, requested that any citizen with an electric bill over $102.00 a month, send a copy to his company; and added that the Council is to be commended on previous action concerning the Native American issue. Don Frank, stated that Ms. Cooper Lee was owed an apology from the City concerning the mistreatment he witnessed; and that it seemed tourists are treated better at City Hall than the citizens. Joy Schlendorf, stated that the Citizens Against Government Takeover encouraged the Council to put past differences aside, and work together for all the Citizens of Palm Springs; that clear direction had been given to the City from FERC; that seeking variances or requesting appeals will not serve anyone's interest; that Council has spent alot of money on the issue; that although the money was funded privately, a tremendous amount of Council and staff time was also devoted;that currently there is legislation being proposed by State Assemblyman Jim Battin, that would bring relief to the citizens concerning the summer electric bills; that the State needs to hear now; and urged the Council to be a constructive voice for change. ' Leslie Howard Gathers, thanked Cecila Chan for the Desert Sun coverage of the Palm Springsopoly game; and added that time is drawing short for participation in the history making event taking place in Palm Springs; and encouraged anyone who has not bought a VIP space to do so immediately in order to become a part of a collector's item. Q4 CRA Minutes 8-7-96, Page 7 PUBLIC COMMENTS (Cont'd) Bette Tuminello, stated that the City Manager had been given information regarding busses to share with the Council; and added that local newspaper published a story regarding a contract to study parking in the downtown area, including metering parking in City parking lots; and questioned how this would effect Our Lady of Solitude Church's parking situation. LEGISLATIVE ACTION: 2. PA9B-Bl1 - SENIOR HOUSING, COOPERATIVE SERVICES Recommendation: That the Agency approve an option agreement with Cooperative Services, Inc., for the purchase of a 2.79 acre parcel of Agency-owned property on the south side of Vista Chino, generally west of Sunrise, for the development of a senior affordable/housing complex (under HUD Section 202 fttnding) A370C. Director of Economic Development reviewed the staff report and added that plans for (124- development of the housing would be submitted at a later date:, and that the project is needed 114) to provide additional safe, decent, and sanitary housing for seniors. Ageneymember Spurgin stated in working with the senior outreach program the need for this type of housing is evident; that the project of Vista Serena is hugely successful; and that it has created a feeling of independence for the seniors. In answer to question by Agency, Director of Economic Development stated that the appraisal price of$406,000 should be fairly close to the purchase price for the land; and acknowledged Cooperative Services staff and members of Vista Serena present in the audience. Resolution 1009 as recommended was presented; after which, it was moved by Spurgin, seconded by Oden, and unanimously carried, Baines and I-lodges absent, that RI009 be adopted. 3. PALM MOUNTAIN MOU AMENDMENT Consideration of amendment to MOU between Palm Mountain and the Agency and the City, concerning the development of residential units. If desired, motion approving first amendment. (A3519). Executive Director/City Manager reviewed highlights of the Memorandum of Understanding, no further report was given. In answer to question by Agency/Council, Director of Planning & Building stated that (133- adequate language was present to regulate the monument sign to be placed at the intersection 005) of Palm Canyon and Chino. Motion to approve the first amendment to,the Memorandum of Understanding between the Community Redevelopment Agency, the City of Palm Springs and Palm Mountain Company was presented; after which it was moved by Spurgin, seconded by Oden and unanimously carried, Barnes and Hodges absent, that the motions be. adopted. ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests-None � 4S1 CRA Minutes 8-7-96, Page 8 PUBLIC reports or requests a) Don Frank, questioned whether the Council would be meeting next week and whether the public could trust them if they agree not to meet; and forecast the future of Palm Springs with roads closed, and the Post Office closed within the next three ' weeks. b) Joel Simpson, requested the Mayor participate in the PS Sun's Baseball games by throwing out the first ball of a game. c) Fred Ebeling, stated that everyone is entitled to a difference of opinion; that E-mail will be used by those who have it, since the Post Office will have to close; and that in his opinion, the Council used its best judgement, and the citizens will just have to live with it. STAFF reports or requests a) City Manager stated regarding absences of the Council that Councilmember Hodges had a work commitment;and that Councilmember Barnes had a previously scheduled trip. ADJOURNMENT There being no further business Chairman/Mayor declared the meeting adjourned at 9:30 p.m. ' JUDITH SUMICH Assistant Secretary/City Clerk J� � ._ By: PATRICIA A. SANDERS Assistant City Clerk 050 MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS OCTOBER 2, 1996 A Regular Meeting of die Community Redevelopment Agency, of the City of Palm Springs, California, was called to order by Chairman Kleindienst, in the Council Chamber, 3200 Talrquitz Canyon Way, on Wednesday, October 2, 1996, at 6:00 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 1 in open session. ROLL CALL: Present: Agency Members Barnes, Hodges,Oden, Spmgin and Chairman Kleindienst Absent: None REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on September 27, 1996. 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 Hodges, and unanimously carried, that the Minutes of June 26, July 3, and August 7, 1996, be approved; Kleindienst abstaining on June 26, and Barnes and Hodges abstaining on August 7, 1996. PUBLIC COMMENTS: None LEGISLATIVE ACTION: I. PA5132 - PACIFIC HOSPITALITY (PALM MOUNTAIN) Reconiniendation: That the Agency approve Second Amendment to OPA (A255C) to extend the Agency's repayment of the advance payment, required under the agreement, to July 1, 2008. City Attorney explained the history of the events which led to die OPA, its first amendment, and the need for the second amendment, noting that the ultimate project is (124- a golf course/resort; that the second amendment is an element of the setUemenl O83) agreement, in which dre developer has agreed to dismiss the litigation, with prejudice. He recommended approval of the amendment. (See also City Council minutes of this date, Item 6.) Res 1010, as recommended, was presented; after which, it was moved by Hodges, seconded by Barnes, and unanimously carried, that R1010 be adopted. ADJOURNMENT There being no further business, Chairmaii declared the meeting adjourned. L/JUDITH SUMICI Assistant!Secretary 051 MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS DECEMBER 4, 1996 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 4, 1996, at 6:00 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 Hodges, Oden and Chairman Kleindienst Absent: Agency Members Barnes and Spurgin REPORT POSTING OF AGENDA: Assistant City Clerk reported that the agenda was posted in accordance with Council procedures on November 27, 1996. 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 Hodges, seconded by Oden, and unanimously carried, Barnes and Spurgin absent, that the Minutes of October 2, 1996 be approved. PUBLIC HEARINGS: 1. PA61314 - LINSU: Recommendation: That the Agency approve 1st Amendment to the OPA with Linsu Development Company, LLC, incorporating changes hi offsite improvement completion, (124- A358C; and approving a loan agreement between the Agency and the City for$79,000, Loan 108) Agr #372C. (124_ Director of Economic Development reviewed the staff report and added that certain costs are 037) recovered by the Developer by tax increment funds; that the intention of the Agency to borrow fiords from the City is to incorporate off-site and street improvements for no more than $79,000; and that part of the improvements will be widening of streets, curbs and gutters. Councilmember Hodges stated abstention due to Client interest. Chairman declared the hearing open. Darrell Meeks, stated that the loan to the CRA should be obtained from another CRA fund; that the payback is from taxes; that those taxes are used to support the General Fund; and suggested the Agency consider a different funding source. Dick Sroda, stated that he concurred with the previous speaker; and added that the fluids do not have to be repaid for 5 years; that there is questionable revenue in the future for the General Fund, due to lower sales tax, and the continuance of the Utility User Tax; and added that the project is a good one, but that the borrowing of funds from the General Fund should be discouraged. ' There being no further business, Chairman declared the hearing closed. City Attorney, stated that the Charter does contain a provision that expenditures of over $50,000 requires an affirmative vote of three members; that the Agency may authorize the agreement and the borrowing of funds, but it can not authorize the loan; that repayment will increase tax increment funds through property tax that will go die Agency, and then the General Fund will be reimbursed. Agency Member Oden stated he was glad to see the project underway. See Council Item #18. 052 CRA Minutes 12-4-96, Page 2 1. PA61314 - LINSU (Continued) Resolution 1011 and 1012 as recommended were presented, after which; it was moved by Odell, seconded by Kleindienst, and carried by the following vote that R1011 and 1012 be adopted. AYES: Oden and Kleindienst NO: None ABSENT: Barnes and Spurgin ABSTAIN: Hodges PUBLIC COMMENTS: a) Don Frank, stated that there is public parking on Andreas Road; and that the matters for consideration on the Agency agenda regarding the gaming facility have basically already been agreed to in the original DDA. LEGISLATIVE ACTION: 1. GAMING FACILITY - PHASE I DEVELOPMENT PLANS: Recommendation: That the Agency approve Phase I preliminary development plans (Cs 5.0667)for the Agua Caliente Indian Gaining Facility, on a total of 3.66 acres of: a portion (124- of Spa Hotel property, a portion of Andreas,Road (to be vacated), and the Hirsch property, 106) known as the Post Office property; and parking facilities on a total of 3.46 acres of: "the fire station" parcel and previous Browne parcel; as set forth in Amendment 1 to the DDA between the Agency and the Tribe. Motion to continue the matter was presented; after which, it was moved by Odeu, seconded by Kleindienst and carried by the following vote, that this matter be continued to December 18, 1996. AYES: Odell and Chairman Kleindienst NO: None ABSENT: Barnes and Spurgin ABSTAIN: Hodges 2. STATEMENTS OF ECONOMIC INTEREST: Recommendation: That the Agency receive for filing Statements of Economic Interest: required pursuant to Health & Safety Code, from new Plarming Commissioners Jurasky & Raya, on file with the City Clerk. Motion to receive as filed was presented; after which, it was moved by Hodges, seconded by Odell, and unanimously carried, Barnes and Spurgin absent, to receive the Statements for filing. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. JUDITH SUMIa /� tstant Secretar (/\ BY: PATRICIA A. SANDERS Acting Assistant Secretary MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY DECEMBER 12, 1996 An Adjourned Regular Meeting of the City Council/Community Redevelopment Agency of the City of Palm Springs, California, was called to order by Mayor/Chairman Kleindienst, at the Spa IIotel, Tahquitz Room, 100 N. Indian Avenue, on Thursday, December 12, 1996 at ' 5:00 p.m. ROLL CALL: Present: Agency Members Barnes, Hodges*, Oden*, Spurgin, and Mayor Kleindienst Absent: None - Member Hodges was excused upon convening in Closed Session, due to conflict of interest concerning a client relationship with her employer; and Member Oden was excused at 6:50 p.m., for a prior commitment. The City Attorney announced items to be discussed in Closed Session (see page 2 of Agenda of this date.) PUBLIC COMMENTS: a) Fred Ebeling stated that there was no Public Access TV present; that the Council should not meet on another sovereignty's nation; and the meeting should be televised. b) Don Frank expressed opinion that the Council was in violation of the Brown Act, in that it is not appropriate for the Council to meet in Closed Session with the Tribal Council; and that Councilmember Hodges has a conflict. Councilmember Hodges noted that only the opening of the meeting had ' occurred, and she would excuse herself from the meeting at the appropriate time. Thereafter, the Council/Agency adjourned to closed session; and at 8:00 p.m., the meeting was convened in open session. REPORT OF POSTING OF AGENDA: City Cleric reported that the agenda was posted in accordance with Council procedures on December 6, 1996. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION(All Entities) City Attorney reported that the Tribal Council no longer is requesting and the Agency no longer interested in proceeding with any condemnation action, and the Tribe will not be requesting that type of assistance, and the Second Amendment to the DDA will be withdrawn; that the Tribe will proceed with the project, but without any assistance in that area from the Agency, in terns of property acquisition, which is the purpose of the Second Amendment (Phases II and III); that the Phase 1 Preliminary Plans and the street vacation of Andreas Road, will proceed as agendized; and that the hearing will be held on the Second Amendment, as published on the agenda, but the matter will be terminated. PUBLIC COMMENTS: None ' LEGISLATIVE/DISCUSSION ITEMS: 1. GAMING FACILITY - PHASE I DEVELOPMENT PLANS No discussion; see above report by City Attorney. CRA Minutes 12-12-96, Page 2 2. GAMING FACILITY - DISPOSITION AND DEVELOPMENT AMENDMENT 2 No discussion; see above report by City,Attorney. ADJOURNMENT There being no further business at 8:10 P.M., Mayor declared the meeting adjourned. , 7=UDITH'S`UM`lCH Assistant Secretary MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS DECEMBER 18, 1996 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 18, 1996 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 Barnes, Hodges, Oden, Spurgin and Mayor Kleindienst Absent: None The meeting was opened with the Salute to the Flag, led by Boy Scout Troop 262, and an invocation by Father Miguel Ceja, Our Lady of Solitude. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on December 13, 1996. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 6 of agenda this date. Mayor/Chairman convened the Community Redevelopment Agency into joint session with the Council; after which, members reconvened as the City Council. (Note: Joint minutes of the Agency and the City Council are reflected due to the intertwined nature of the matters heard and/or acted upon) PUBLIC COMMENTS: a) Comments concerning Item B: Frederick McCarey Ebeling, resident, submitted a copy of a letter sent to the District Attorney, Riverside County, from him and Don L. Frank, and requesting it be a matter of record, that city officials are informed of their violation of California Penal Code Section 330 and 337; that giving away Andreas Road will allow expanding the Casino, which will aid and abet an illegal activity by providing additional land to the facility via the street vacation. Betty Tuminello, resident, stated she did not see any problem in vacating Andreas Road; that it was a dedicated right-of-way, and will belong to the Indians, which is where it belonged previously; and that there is not a lot of traffic which uses the street. LEGISLATIVE ACTION: A. GAMING FACILITY - PHASE I DEVELOPMENT PLANS: Res 1013 revised approving Phase I Preliminary Development Plans (Cs 5.0667) for the Agua Caliente Indian Gaining Facility, on a total of 3.66 acres of: a portion of Spa Hotel property, a (124- portion of Andreas Road (to be vacated), and the Hirsch property Post Office property; 106) and parking facilities on a total of 3.46 acres of: "the fire station" parcel and previous Browne parcel; as set forth in Amendment 1 to the DDA between the Agency and the Tribe. (Continued from 12-4-96). Agency Member/Councilmember Hodges stated she would abstain, as the Tribal Development Authority is a client of her employer. Director of Planning &Building reviewed details of his memorandum, as on file with the City Clerk, noting that the structure will be 2 stories, 94,000 square feet, with a range of uses including restaurant, etc.; that the height is between 20-40 feet in mass area, with a small section at 56 feet, and complies with the highrise setback requirements; that the entry and focal point are larger than usual, but the Commission felt the scale was consistent with the structure, and an excellent entry for the facility, and that other projects 5111 CRA Minutes t2-18-96, Page 2 A. GAMING FACILITY - PHASE I DEVELOPMENT PLANS (Continued) have been approved where the size and scale were consistent; that the location of the main building has been moved to the Indian Canyon frontage, and most of the parking has been moved further away from the residential areas, and the facility will lend continuation from Palm Canyon and tie to the downtown in a better manner; that it is designed as a logical extension of the Spa Hotel; that parking was looked at carefully, and a parking management plan calls for 1,445 spaces; that the Commission felt there should be an allowance for one-half of the on-sweet parking spaces around the facility- i.e., 96 spaces, and the conditions of approval will reflect that; that the Commission approved the project by a 5-0-1-1 vote; and that if Andreas Road is vacated, there .is language in the conditions regarding the City's right to review plans that may affect use of that area. James Cioffi, architect for the project reviewed the plans on the display board, and explained various features and considerations of the facility:; and noted that a 35-ft tall parking structure will be in two phases, located NE of the facility, with 837 spaces in the first phase, and the second bringing the total to 1,700; and that there will be a tunnel from the facility to the parking for valet parking. In answer to question by Agency/Council lie stated that details of the sidewalk material will be brought back, as they have not been finalized. Council/Agency Member Barnes stated that the plans are more appealing and fit the character of the community, and reflect the Tribal culture, much more so than the original Caesar's concept; and that the art features fit into the Art in Public Places program. Mayor/Chairman concurred, adding that the colors are also more sympathetic with the existing and surrounding buildings; that the theme shapes and design are attractive, and blend-in the Tribe's heritage; and that the frontage on Indian Canyon is superior, and benefits the downtown as well as the comtimnity. In response to questions by Council/Agency, the Director of Planning&Building reported that Andreas Road was to have been a collector street from the mountains to Sunrise; that over the years various portions have been vacated, i.e., portion to accommodate the Desert Fashion Plaza; portion concerning the Convention center; and the remaining portion east to Sunrise from Avenida Caballeros, which would not be required of future development and would only be installed if private development decided to do so. Resolution 1013, as recommended, including on-strcet parkin;; credit as noted, was presented; after which, it was moved by Barnes, seconded by Oden, and unanimously carried, Hodges abstaining, that R1013 be adopted. PUBLIC HEARINGS: B. STREET VACATION - ANDREAS ROAD On December 4, 1996, the Council continued hearing and action on consideration of vacation of portion of Andreas Road, from Indian Canyon to Calle Encilia, Section 14. City Manager highlighted the memorandum of the Director of Public Works; noting that (145- the same ownership exists on both sides of the right-of-way, i.e., the Tribe, and the 001) property will be used to build the expanded gaming facility; that the Planning Commission determined that the vacation is not in conflict with the General Plan; and that notice was posted on the site, published, and mailed,to the public utility companies, as well as City Departments which deal with utilities in City streets. e Councilmember Hodges stated she would:abstain since the Tribal Development Authority is a client of her employer. City Attorney stated that the record of the proceedings should also include comments previously made, i.e., included in the Director's report concerning above Item A. 557 CRA Minutes 12-18-96, Page 3 B. STREET VACATION - ANDREAS ROAD (Continued) Howard Lapham, resident, member of the Executive Committee of P.S. Now, and Tom Suitt, its Chairman, both spoke in support of the gaming facility, and in support of the vacation of the right-of-way. Joy Meredith, President of Main Street, stated that Main Street has unanimously endorsed the project, and urged approval in order to allow the project to proceed. Bob Lee, Vice-President P.S. Hotel & Hospitality Association, spoke in support of the gaming facility and of the closure of Andreas Road, noting the project will add 800 jobs to the hospitality industry, as well as increased TOT. Fred Ebeling, resident, expressed disappointment that money comes before quality of life, and that the merchants think that gaming is good; that he felt only one side of the issue has been included by the news media, and that the public does not know what is going on, nor understands the outcome. Tom Davis, Planning Consultant for the Tribal Council, reported he received a letter from (145- the Desert Water Agency, a copy of which he provided to the City Clerk, indicating that 001) it is working with the Tribe toward a resolution regarding water rights in the street. Richard Milanovich, Chairman of the Tribal Council, expressed appreciation for the business community support, which he felt was also a recognition of the quality, first-class type of project which the Tribe has constructed; that the proposal is the work of numerous lours of work, drafts, and revisions, from which all levels of the cotmnunity will benefit, directly and indirectly. There were no further appearances, and the hearing was closed. Coutcilmember Barnes stated that this matter is tied to the above item; and is needed to enable the project to be built. Councilmember Spurgin concurred. Councilmember Spurgin stated that the relationship between the City and the Tribe is the best it has ever been; that the Tribe has contributed substantial dollars toward the quality of life in the community and to different organizations; that she did not gamble, however, it is her choice, and what the Council is doing is simply providing choices for people. Councilmember Oden stated that the 800 jobs will be those which give dignity to the worker; and that gaming is only one of the entertainment features which the area has to offer, and the Tribe has shown great sensitivity and concern for the total community, i.e., the use of local talent and businesses. Mayor concurred the vacation is needed, otherwise the project will not develop as quickly, or as cost effectively; that the street has a history of short segments going no where; that there is no detrimental affect on circulation in the downtown; that the Tribe and Council have worked well together; and that the Tribe has been responsive in seeing that the project goes forward. Resolution 19944 approving the vacation., as recommended, was presented; after which, it was moved by Barnes, seconded by Spurgin, and unanimously carried, Hodges abstaining, that R18944 be adopted. ' C. GAMING FACILITY - DDA, AMENDMENT NO. 2 Consideration of Amendment No. 2 to the Disposition and Development Agreement between the Agency and the Tribe regarding land acquisitions allowing for the (124- establishment of Phases II and III of the gaming facility, and related hotel and commercial 106) uses. Mayor stated that the Council and Tribal Council met December 12, and as a result of the meeting, concluded that there is no need for any Agency assistance, and there will be no action for this item, nor any proposed condemnation of any private property at this time. 058 CRA Minutes 12-18-96, Page 4 C. GAMING FACILITY - DDA, AMENDMENT NO. 2 City Attorney stated that it was originally seen that there might be need for the Agency's assistance through condenmation to acquire land for the additional phases (I1 and III) in order for those to proceed; that both Council's had misgivings as to the use of eminent domain, and whether to enter such an agreement; that the Tribe can proceed without that authority, and is no longer requesting that type of assistance; and that the Tribe will proceed with the expansion, but with no financial assistance or condemnation authority of the Agency or City. This matter was therefore withdrawn from the agenda. ADJOURNMENT There being no further business, Chairman declared the Agency meeting adjourned, and the Council remained in session. qP, WUDITH SUMICH Assistant Secretary