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HomeMy WebLinkAbout1/1/1990 - CRA MINUTES S' MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM 'SPRINGS JANUARY 3,' 1990 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, was called to order by Chairman Bono, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, January 3, 1990, at 7:30 p.m. ROLL CALL: Present: Agency Members Apfelbaum, Broich, Foster, ' Neel and Chairman Bono Absent: None APPROVAL OF MINUTES: It was moved by Broich, seconded by Foster, and unanimously carried, that the Minutes of November 21 , 1989 be approved. PUBLIC COMMENTS: None LEGISLATIVE ACTION: 1. PA8B16 - WESSMAN Recommendation: That the Agency approve letter agreement, dated December 12, 1989, with Wessman Development Company to reimburse it the excess development costs to widen the Ramon Road bridge crossing the Ba.risto Channel - PA8B16, PD 183 - Agr # Executive Director reported that the issue relates to whether the developer should pay for the improvement, or if the ' Agency should participate in the cost; that the request came after the fact, however, it clearly is of greater benefit than just to the project. Agency Member Foster stated that redevelopment is to help a developer who has a marginal project, and cannot make ( 124- the costs pencil out; however, he felt that if a project 047 ) is financially feasible, and the developer makes a profit, the Agency should not give financial assistance, particulary, when the request is made after the fact; that he was concerned that the Agency will be seen as too benevolent, and all developers will come to it for money; that the subject site was zoned multiple use seven years ago, then rezoned to P zone, then a mixed commercial development approved, resulting in an increased property value ten times over what Mr. Wessman originally paid for it; that the project is viable, and pencils out; ' that if the Agency asked for something over and above what was required, he would be agreeable to participating in those costs, e.g. , additional landscaping or decorative walks; that the improvement was a condition of approval of the project, and there should not be any reimbursement for it now. In answer to question by Council , Director of Economic ' Development stated that the Agency provides assistance where financial assistance is needed, e.g. , the Desert Fashion Plaza; that the flood control improvement did not benefit the subject project per se; and that it was an atypical condition, and one that is legitimately paid for by the Agency, whether requested before or after the fact. He stated that actual reimbursement would not be available until the Agency receives the tax increment from the project - after July, 1991; that this is not a hardship case, but an extraordinary expenditure that is justifiable under redevelopment law. CRA Minutes 1-3-90 Page 2 1. PA8B16 (Continued) Agency Member Apfelbaum stated that she would like more information concerning the policy issue, and whether this would set a precedent, or if there are other situations where the Agency has acted similarly; and that she thought redevelopment included consideration of the extent to which ' the project benefits the city, upgrades an area, rennovates, improves, or restores a property. Chairman stated that the Agency is spending money to develop the community, and there must be incentives for the development the city needs, and that the specifics and merits of a project need to be looked at. It was moved by Apfelbaum, seconded by Foster, and unanimously carried, that this matter be continued for two weeks. CONSENT AGENDA: 2. Res 673 approving final owner participation agreement with K-R00 Corp. , a wholly-owned subsidiary of Benequity Properties, (124- concerning the Buffums Department Store at the Palm Springs 076) Mall , which formalizes elements of agreement approved by the Agency June 21, 1989, A228. 3. Res 674 authorizing purchase of three vacant lots in the Desert ( 124- Highland-Gateway neighborhood, from the Desert !,later Agency, 056) for $6,300 each. ' 4. Res 675 authorizing purchase of two tax-deeded properties - (124- one in the Spaulding Tract and one in the Desert Park Estates 056) each for $5,000, for use in the self-help housing or home construction program. It was moved by Apfelbaum, seconded by Neel , and unanimously carried, that Resolutions 673 through 675 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. r JUDITH SUMICH Assistant Secretary 1 ` MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM 'SPRINGS JANUARY 17, 1990 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs was called to ' order by Chairman Bono in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, January 17, 1990, at 7 :30 p.m. ROLL CALL: Present: Agency Members Apfelbaum, Broich, Foster, ' Neel and Chairman Bono Absent: None PUBLIC COMMENTS: None LEGISLATIVE ACTIION: 1. PA8B16 - PLAZA ATSUNRISE (WESSMAN) Recommendation: That the Agency approve letter agreement, dated December 12, 1989, with Wessman Development Company to reimburse it the excess development costs to widen the Ramon Road bridge crossing the Baristo Channel - PA8B16, ( 124- PD183 - Agr # _. 047) Executive Director reported ,staff recommendation to continue this matter to the next meeting; after which, it was moved by Broich, seconded by Foster, and unanimously carried, that this matter be continued to February 7, 1990. 2. PA3B5 - ILLINGWORTH Recommendation: That the Agency approve a participation ' agreement with Dennis Illingworth to effectuate the improvement of property located at Sunny Dunes and South Palm Canyon, in Block 5 of PA3 - A231. Director of Economic Development reported that Mr. Illingworth purchased the property and wants to continue (124- with the same architecture as the former San Raphael 071) restaurant remodel on the site; that the Agency has adopted a resolution of necessity to acquire the McKinney property abutting the site, and its intent to do so is covered under a MOU with Mr. Illingworth; that the participation agreement formalizes that MOU, including Illingworth' s right of first refusal for other properties on the block, Agency assistance in widening Sunny Dunes Road, and that the McKinney parcel would not be sold to him until an approved plan is in place; and that whenever that occurs, the land will transfer to Mr. Illingworth as vacant property. Resolution 676, as recommended, was presented; after which, it was moved by Apfelbaum, seconded by Neel , and unanimously carried, that R676 be adopted. ADJOURNMENT ' There being no further business, Mayor declared the meeting adjourned. (_ JUIDITH SUMICH Assistant Secretary MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS FEBRUARY 7, 1990 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, was called to order by Chairman Bono, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, February 1, 1990 at 1:30 p.m. ' ROLL CALL: Present: Agency Members Apfelbaum, Broich, Foster, Neel and Mayor Bono Absent: None APPROVAL OF MINUTES: It was moved by Apfelbaum, seconded by Broich, and unanimously carried, that the Minutes of December 6, 12, 19, 21, 1989 and January 3 and 17, 1990 be approved. PUBLIC COMMENTS: None LEGISLATIVE ACTION: 1. SELF-HELP HOUSING Recommendation: That the Agency approve loan of $15,000 to CVHC for completion of the self-help housing program (124- in the Desert Highland neighborhood. 056) Housing Specialist highlighted memorandum of Director of Economic Development, and stated that the loan is for ' cash flow to the Housing Coalition, and will be repaid no later than December 31, 1990. Resolution 677, as recommended, was presented; after which, it was moved by Broich, seconded by Foster, and unanimously carried, that R677 be adopted;. and R678 amending the budget. 2. PA1B7 - PLAZA THEATER Recommendation: That the Agency approve increase in the cost of purchasing curtain and drapes from Dustin Waln, et al , by $8,731, and of sound equipment from Terrance Entertainment by $17,103.39, in connection with the renovation of the Plaza Theater. (124- Assistant Director of Economic Development highlighted 074) his report, which was reviewed at the last study session. Resolution 679, as recommended, was presented; after which, it was moved by Apfelbaum, seconded by Broich, and unanimously carried, that R679 be adopted. 3. TAX-DEED PARCELS ' Recommendation: That Agency rescind R675, and authorize acquisition of two tax-deeded parcels for a total not (124- to exceed $19,000, plus fees and closing costs; one lot 056) in the Spaulding Estates, and one in the Desert Park Estates. Resolution 680, as recommended, was presented; after which, it was moved by Broich, seconded by Foster, and unanimously carried, that R680 be adopted. CRA Minutes 2-7-90 Page 2 4. PA8B16 - WESSMAN On January 17, the Agency continued consideration of recommendation to approve a letter agreement with Wessman Development Company to reimburse it the excess development costs for widening the Baristo Wash bridge crossing on (124- Ramon Road - Agr # 047) It was moved by Broich, seconded by Apfelbaum, and ' unanimously carried, that , this matter be continued at the request of the developer. REPORTS - Received for Filing - Combined Financial Statement 12-31-89 ( ) ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. JUDITH SUMICH Assistant Secretary MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS FEBRUARY 21, 1990 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, was called to order by Chairman Bono, in the Council Chamber 3200 Tahquitz-McCallum Way, on Wednesday, February 21, 1990 at 7:30 p.m. ROLL CALL: Present: Agency Members Apfelbaum, Broich, Foster, Neel and Chairman Bono Absent: None APPROVAL OF MINUTES: It was moved by Apfelbaum, seconded by Foster, and unanimously carried, that the Minutes of February 7, 1990, be approved. PUBLIC COMMENTS: None LEGISLATIVE ACTION: 1. PA8B16 - WESSMAN: On February 7, the Agency continued consideration of recommendation to approve a letter agreement with Wessman Development Company to reimburse it the excess development costs for widening the Baristo Wash bridge crossing on Ramon Road - Agr #233. (124- Direc'tor of Economic Development reviewed the staff report 047) given in detail at the last study session and added that prior to construction, off-site items were requested to be reimbursed, particularly, the widening of Ramon Road; that the widening was not a part of the project; that the widening was an additional item added during Council approval of the project; that a deceleration lane on Ramon is being proposed to allow traffic flow; that the costs could be recovered in the one and one-half year reimbursement coming from tax increment; that the developer will front the cost of the additional lane; and that the City can repay the costs when property tax monies are collected. Councilmember Foster stated that the project was approved with the condition of the widening of the road at 'the bridge, and it was a requirement of the agreement; that the decelerating lane is needed by the community, and the developer should be reimbursed, but that all parties were aware of the requirements of the agreement when the project was approved. Councilmember Broich stated that the two issues should ' be separated; that approval should be given to the decelerating lane; but not to reimbursing costs for the Baristo bridge widening. Agency Minutes 2-21-90, Page 2 1. PA8B16 - WESSMAN (Cont) Resolution 681 as recommended, was presented•, after which, it was moved by Neel , seconded by Apfelbaum, and carried by the following vote, that R681 be adopted. AYES: Apfelbaum, Neel ,, and Bono NOES: Broich and Foster ABSENT: None ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. JUDITH SUMICH sistant Secretary By: PATRICIA SANDERS Acting Assistant Secretary O MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS MARCH 21, 19OIb A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs was called to order by Chairman Bono in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, March 21, 1990, at 7:30 p.m. ROLL CALL: Present: Agency Members Apfelbaum, Broich, Foster, Neel and Mayor Bono Absent: None APPROVAL OF MINUTES: It was moved by Broich, seconded by Foster, and unanimously carried, that the Minutes of February 21, 1990 be approved. PUBLIC COMMENTS: None LEGISLATIVE ACTION: 1. PA1B7 - PLAZA DE LAS FLORES Recommendation: That the Agency amend the budget to appropriate $21,500 to cover expenditures incurred relative to the Plaza de las Flores project. This item was reviewed in study session, and no further report was given. Resolution 682 as recommended, was presented; after which, it was moved by Apfelbaum, seconded by Neel , and unanimously carried, that R682 be adopted. 2. PA1B2 (MORRISON) - KAWULAK-GARRISON & SCULLY LEASES Recommendation: That the Agency approve lease of 437 North Palm Canyon Drive by Jan Kawulak and Ann Garrison dba Encore of Palm Springs, for a term of one year - A234; and lease of 435 North Palm Canyon by Phillip Scully, dba Scully's Bizarre Bazaar, for one year - A235. Chairman stated that the majority of the Members felt that it would be preferable to attain a program of voluntary hours of operation that include evening hours, that would involve a larger scale, rather than only one or two stores. Member Broich stated that PS Now and Main Street are trying to get owners to have leases which include the later hours, and the Agency, as a property owner, should lead the way. Member Foster stated that in some instances the tenants are required to stay open later, if others do likewise. Resolutions 683 and 684 were presented; after which, it ' was moved by Apfelbaum, seconded by Foster, and unanimously carried, that R683 and 684 be adopted. ADJOURNMENT There being no further business, Mayor declared the meeting adjourned. �UDITH SUMICH Assistant Secretary MINUTES OF CITY COUNCIL MINUTES AND OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS MARCH 27, 1990 A Special Meeting of the City Council and the Community Redevelopment Agency, of the City of Palm Springs, California, was called for in the Large Conference Room, City Hall , 3200 Tahquitz-McCallum Way, on Tuesday, March 27, 1990 at 2 p.m. Present: Councilmembers Apfelbaum, Broich, Neel and Mayor Bono Absent: Councilmember Foster 1. PA3B11 - PALM CANYON PLAZA HOTEL To consider and act upon action in connection with the $50,000,000 1987 variable rate demand refunding certificates of participation. Director of Redevelopment reported that the item was withdrawn, and no action was requested or taken. There was no other purpose for the meeting:, which was therefore not convened. i C SUMICH \\ Cityity Clerk By: PATRICIA A. SANDERS Assistant City Clerk MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS APRIL 4, 1990 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, was called to order by Chairman Bono, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, ' April 4, 1990, at 7:30 p.m. ROLL CALL: Present: Agency Members Apfelbaum, Broich, Foster, Neel and Chairman Bono Absent: None APPROVAL OF MINUTES: It was moved by Broich, seconded by Foster, and unanimously carried, that the minutes of March 21, 1990 be approved. PUBLIC HEARING: 1. PA7B16 - LAY PROPERTY Recommendation: That the Agency conduct hearing for the purpose of considering Resolution of Necessity for the acquisition of property located on North Indian Avenue, North of Las Vegas Road, being Lot 13, Desert Highland Estates; and continue action, subject to negotiations with property owner. Redevelopment Specialist reported that negotiations are ' continuing, and recommended, that the hearing be opened (124- and continued, although he expected that it would not 055) be necessary to adopt any final action. Chairman declared the hearing opened; there were no appearances. It was moved by Broich, seconded by Foster, and unanimously carried, that the hearing be continued to April 18, 1990. PUBLIC COMMENTS: None LEGISLATIVE ACTION: 2. PA1B10 - CARRIAGE TRADE LTD. Recommendation: That the Agency authorize an agreement with Bill Short dba Carriage Trade Ltd. for construction and use of a storage facility in the Vineyard Parking Lot - A236. Redevelopment Specialist reported that the lease agreement is the same as the form used for other tenants, however, there is no rental rate, and the construction cost will ( 124- be limited to $7,000, of which 50% will be reimbursed 016) by Mr. Short, and payment will be secured by a corporate and personal guarantee; and this matter was reviewed at the last study session. Resolution 685 approving agreement as recommended, was presented; after which, it was moved by Apfelbaum, seconded by Broich, and unanimously carried, that R685 be adopted. CRA Minutes 4-4-90 Page 2 CONSENT AGENDA: 3. PA9 - COLLEGE OF THE DESERT PASSTHRU AGREEMENT: Res 686 (124- approving the cooperative agreement with the Coachella Valley 064) Community College district regarding the disposition of tax increment revenue from Project Area 9 - Agr #237. 4. BUDGET AMENDMENT - PA3B6 - HOTEL 6: Res 687 amending the budget to appropriate $17 ,600 to provide sufficient funds for the (124- first payment for reimbursement of public improvement costs 029) for intersection of South Palm Canyon Drive and Camino Parocela, per agreement with Hotel 6. 5. PA8 (BARISTO FARRELL) - COLLEGE OF THE DESERT BUDGET: Res 688 (124- approving the budget for Coachella Valley Community College 066) district improvements for 89-90 for $12,005. 6. PAD - PALM SPRINGS UNIFIED SCHOOL BUDGET: Res 689 approving (124- budget for Palm Springs Unified School District improvements 066) for 89-90 for $42,035.35. It was moved by Apfelbaum, seconded by Foster, and unanimously carried, that R686 through 689 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. O JU'DITH SUMICH Assistant Secretary O MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS APRIL 18, 1990 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs was called to order by Chairman Bono, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, April 18, 1990, at 7:30 p.m. ' ROLL CALL: Present: Councilmembers Broich, Hodges , Murawski , Neel and Chairman Bono Absent: None APPROVAL OF MINUTES: It was moved by Broich, seconded by Neel , and unanimously carried, that the minutes of March 27 and April 4, 1990 be approved. PUBLIC HEARING: 1. PA7B16 - LAY PROPERTY On April 4, 1990, the Agency opened hearing for the purpose of considering Resolution of Necessity for the acquisition of property located on North Indian Avenue , North of Las Vegas Road, being Lot 13, Desert Highland Estates; and continue it, subject to negotiations with property owner. Negotiations were concluded, and the matter settled, therefore, there was no necessity to conduct the hearing, and the matter was withdrawn from the agenda. ' PUBLIC COMMENTS - None ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. JU�DITH SUMICH Assistant Secretary MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS MAY 2, 1990 A Regular Meeting of the Community, Redevelopment Agency of the City of Palm Springs, was called to order by Chariman Bono, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, flay 2, 1990, at 7: 30 p.m. ROLL CALL: Present: Agency Members Broich, Hodges, Murawski , Neel and Chairman Bono ABSENT: None REPORT POSTING OF AGENDA: See City Council Minutes of this date. PUBLIC COMMENTS: None LEGISLATIVE ACTION: 1. PAIB14 - PALM COURT Recommendation: That the Agency rescind previous approval of a participation agreement with Stanwill Properties for the Palm Court project. Redevelopment Coordinator reviewed the staff report given in detail at the last study session, and no further report was given. Resolution 690 rescinding Resolution 593, as recommended, as presented; after which it was moved by Broich, seconded by Murawski , and unanimously carried, that R690 be adopted. 2. FINANCING PA2 - TAHQUITZ ANDREAS Recommendation: That the Agency appropriate $118,892 to provide sufficient funds for previously authorized principal payments to the Convention Center Fund. This item was reviewed in study session, and no further report was given. Resolution 691 as recommended, was presented; after which, it was moved by Broich, seconded by Murawski , and unanimously carried, that R691 be adopted. 3. FINANCING PA6 - NORTH PALM CANYON AREA Recommendation: That the Agency and Council approve repayment and acceptance of $45,000 loan payment from the North Palm Canyon Project Area to the General Fund. This item was reviewed in study session , and no Further report was given. Res,692 &- 693 as recommended, was presented; after which, it was moved by Broich, seconded by Murawski , and unanimously carried, that R692 and 693 amending budget be adopted. ADJOURNMENT There being no further business, Chairman decldred Lice meeting adjourned. JUDITH' SUMICH Assistant Secretary By: PATRICIA SANDERS Acting Assistant Secretary MINUTES OF COMMUNITY REDEVELOPMENT AGENCY �4 CITY OF PALM SPRINGS JUNE 6, 1990 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, was called to order by Chairman Bono, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, June 6, 1990, at 7:30 p.m. ' ROLL CALL: Present: Councilmembers Broich, Hodges, Murawski , Neel and Mayor Bono Absent: None APPROVAL OF MINUTES: It was moved by Neel , seconded by Broich, and unanimously carried, that the minutes of April 18 and May 2, 1990 be approved. PUBLIC COMMENTS: a) Al Gergley, representing Mr. Bernard Lewin, B. Lewin Gallery, stated that the gallery was located adjacent to Las Casuelas Terraza Restaurant; that the proposed owner participation agreement provides that the City shall negotiate and obtain easements, or acquire the parking area presently in private ownership on the westerly 54.75 feet of parts of lot 23 and 24, on Block 28; that if Mr. Lewin does not sell his property, it will be obtained by eminent domain; that Mr. Lewin purchased the property 10 -12 years ago with the forethought of using the extra 20 parking spaces for ' future clientele parking; that the Director of Redevelopment approached Mr. Lewin regarding selling his property, and Mr. Lewin was opposed to the idea; that even though Las Casuelas is one of the highest grossing restaurants in the Southern California, and needs more parking area, Mr. Lewin 's property should not be the subject of acquisition to meet that need; and that the Lewin gallery is recognized world wide for the high quality Mexican art. b) Rick Service, Las Caseules Restaurant, agreed that Lewin Galleries is the foremost dealer in Mexican Art; that the issue is not the expansion of Las Casueles Restaurant, but a master plan for parking; that in 1962 Vehicle Parking District 1 was formed; that the proposed parking area would allow 300 more cars; that the parking is needed for the downtown area; and that a master plan needs to be completed for the progress of the downtown area. HEARINGS: 1. 1990-91 CRA BUDGET City Manager reported that the Agency's budget would be ' a part of the City Council budget review study session. Mayor declared the hearing opened; there being no appearances, the hearing was closed. No action required. LEGISLATIVE ACTION: None a Agency Minutes _ 6-6-90, Page 2 CONSENT AGENDA: 2. Res 694 recommending findings necessary to deposit less than the amount required by statute to be deposited into the Housing Fund for the Central Business District and outlining a plan for the future elimination of the resultant deficit. 3. Res 695 approving agreement with Coachella Valley Mosquito Abatement District relative to the distribution of certain tax revenues from Redevelopment Project Area #9. A#239C. 4. Res 696 amending budget to add $10,000 to the Self Help Construction Program. 5. Res 697 amending budget to add $20,000 to the Construction Training Program. It was moved by Neel ; seconded by Murawski , and unanimously carried, that Resolutions 694 through 697 be adopted. 6. PA1B10 - AMENDMENT TO OWNER PARTICIPATION A21/DELGADO Recommendation: That the Agency approve amendment to Owner Participation Agreement with Florencio Delgado to acquire driveway entrance , to Vehicle Parking District #1 for a 126 seat addition to existing restaurant. Executive Director stated that the staff report was reviewed in detail at the last study session, and noted that the names of Richard and Patricia Service shall be added as O Participants to the agreement; that a second phase is proposed to add 150 dining seats; that: the participant shall be required to pay an in-lieu fee of 50% of the prevailing fee to satisfy parking requirements established for the additional use; that efforts were made with Mr. Lewin reach to an agreement; that the revision of the parking lot and parking area will not affect the Lewin Gallery; that the City could modify the district to allow for the sale of the driveway entrance from Palm Canyon Drive to the Participant; and that the Cost to the Agency will not be more than what is obtained from the Participants in-lieu fees. Chairman stated that the additional parking will benefit all of downtown; that the parking will be a stimuli to the area, and is needed for the downtown area as a part of the bigger picture. Resolution 698, as recommended, was presented; after which, it was moved by Broich, seconded by Murawski , and unanimously carried, that R698 be adopted. 8 Agency Minutes 6-6-90, Page 3 REPORTS: Received & Ordered Filed - Combined Financial Statements, ending March 31, 1990. ADJOURNMENT ' There being no further business, Chairman declared the meeting adjourned. JUDITH SUMICH Assistant Secretary —B� PATRICIA SANDERS Acting Assistant Secretary 1 1 MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS JUNE 20, 1990 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, was called to order by Chairman Bono, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, June 20, 1990, at 7:30 p.m. ROLL CALL: Present: Agency Members Broich, Hodges, Murawski , Neel and Chairman Bono Absent: None PUBLIC HEARINGS: None PUBLIC COMMENTS: a) Jeremy Crocker, 330 W. Arenas, expressed concern that the Agency may be subsidizing projects for the short term, and losing in the long run; that in terms of Items 2 and 3, in one case the property is high priced, and when it is reduced, someone will buy it and develop it in due course. LEGISLATIVE ACTION: 1. PA7 - WESTSHORE FINANCIAL CORP Recommendation: That the Agency approve letter of intent with Westshore Financial Corporation, for the development of a 50,000 sq. ft. commercial mixed-use center in the Highland-Gateway Project Area - A240. Business Retention Specialist reported that in August, 1989, the Agency approved a letter of intent with the developer for the acquisition of Lots 10, 11, 12 and 13 in the Desert Highland Estates for developing a new headquarters for the Desert Blind; that the developer has acquired those parcels, and the project is in plan check; that the developer has begun acquiring parcels directly north of that project, to build a 50,000 square foot, mixed-commercial project along Indian Avenue, and has requested Agency assistance in the event that it is necessary to acquire the property, in particular, 12 lots between Corozon and Las Vegas adjacent to the frontage road on Indian Avenue; and that the developer has already acquired three ! of the lots, and is not asking for financial assistance. Resolution 699, as recommended, was presented; after which, it was moved by Broich, seconded by Hodges, and unanimously carried, that R699 be adopted 2. HOUSING - PA8 Recommendation: That the Agency approve owner participation agreement with Go Builders, for construction of five single-family homes partially subsidized from Agency low/moderate income housing fund; and amend the budget to appropriate $50,000 therefore - A241. Housing Specialist reported that the builder has acquired Five parcels in the Desert Highland area for sale to families of median income or below;; that the cost penciled out to a selling price of $85,000, ' which is too high for the target group whose annual income ,would be $33,800 or less; that the developer is asking for a subsidy from the Agency of $10,000 per home, guaranteeing a selling price of $75,000; that funds are available in the Agency Housing Set Aside Funds, and would be paid only after submittal of verified receipts, or costs; and that the agreement provides that the homes will be completed by July 31, 1991. CRA Minutes 6-20-90 Page 2 2. HOUSING (Continued) Resolutions 700 and 701, as recommended, were presented; after which, it was moved by Neel , seconded by Hodges, and unanimously carried, that R700 and 701 be adopted. ' 3. PA5B2 - DESERT INN HOTEL Recommendation: That the Agency approve letter of intent with Pacific Hospitality Group (William H. McWethy, sole proprietor) for renovation and expansion of the Desert Inn Hotel at 155 S. Belardo - A242. Business Retention Specialist reported that the property is a "failed real estate" and the new owner is proposing to rennovate and add to the existing 80 room hotel , as well as undergrounding utilities and parking, reworking sidewalks, and street improvements; that the developer asked for repayment of the room tax in excess of the base, recognizing that 2% is committed to the Convention Center, and repayment of a portion of the tax increment in excess of $210,000; and that the developer has substantial credibility, and will invest in excess of $7 million. Agency Member Murawski stated that he supports and encourages this type of rennovation, which results in the City gaining from a property that would otherwise be closed. Agency Member Hodges suggested that the agreement be modified to stipulate that once sub-paragraphs a. , f. , and h. , are completed the Agency will agree to sub-paragraphs g. , and ' k. which relate to the tax rebates. Mr. Fred Grant, representing developer, stated that they are prepared to close escrow, submit plans for permit, and to start construction. Chairman stated that he agreed the project should be encouraged, and was satisfied that it is a viable deal . Resolution 702, as recommended, was presented; after which, it was moved by Murawski , seconded by Hodges, and unanimously carried, that R702 be adopted, subject to revision of the agreement to reflect that sub-paragraphs g. and k. are conditioned upon completion of sub-paragraphs a. , f. , and h. 4. PA1B7 - STORE RENTAL Recommendation: That the Agency approve agreement with Ray Gorney dba Karen's Korner, for an 11-month lease of property at 132 S. Palm Canyon, with option thereafter on a monthly basis - A243. Business Retention Specialist reported that Mr. Gorney currently is open for business 7 days per week, year around, and has agreed to stay open evenings if the DBID adopts ' such a plan for the downtown area; and that the agreement will be modified to delete reference to closure during July and August. Resolution 703, as recommended, was presented; after which, it was moved by Broich, seconded by Murawksi , and unanimously carried, that R703 be adopted, subject to modification, as noted, concerning closure. CRA Minutes 6-20-90 Page 3 5. PA9A - WESTAR Recommendation: That the Agency grant exclusive 18-month right to negotiate with the Agency for expansion of Loehmann Plaza (concept includes P.S. Square projects - A244. Director of Economic Development reported that the agreement would provide an exclusive right for the developer to negotiate for possible major market, drug and other store tenants for both shopping centers on Racquet Club Road at Palm Canyon; and possible expansion easterly. In answer to question by the Agency, he stated that at the time the projects were first developed, they were not in a redevelopment project area, and there was no Agency assistance involved; that there is no cost to the Agency -atthis point in the project, however, there may be proposals presented later which may be based on a reimbursement format which would be brought to the Agency for consideration; and that the agreement sets the format to begin looking at alternatives. Resolution 704, as recommended, was presented; after which, it was moved by Broich, seconded by Neel , and unanimously carried, that R704 be adopted. 6. CONTINUING APPROPRIATIONS Resolution 705, approving continuing appropriations for projects started but not completed from 1989-90 into 1990-91 fiscal year, was presented;' after which, it was moved by Neel , seconded by Murawski , and unanimously carried, that R705 be adopted. ADJOURNMENT There being no further business, Mayor declared the meeting adjourned. --�JUDITH SUMICH City Clerk MINUTES OF THE CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS JULY 4, 1990 The regular meetings of the City Council , and of the Community Redevelopment Agency, of the City of Palm Springs, California, of Wednesday, July 4, 1990, at 7:30 p.m. , were adjourned by the City Clerk/Assistant Secretary, to Tuesday, July 10, 1990, at 2:00 p.m. , in the Large Conference Room, City Hall , 3200 Tahquitz- McCallum Way. Present: None Absent: Council/Agency Members Broich, Hodges, Murawski , Neel and Mayor/Chairman Bono � (L lUDITHISUMICH City Clerk 1 1 g'v - MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM 'SPRINGS JULY 11, 1990 An Adjourned Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, was called to order by Chairman Bono, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, July 11, 1990, at 7:30 p.m. ROLL CALL: Present: Agency Members Broich, Hodges, Murawski , Neel and Chairman Bono Absent: None APPROVAL OF MINUTES: It was moved by Broich, seconded by Neel , and unanimously carried, that the Minutes of June 6, 1990 be approved. PUBLIC COMMENTS: Canyon Hotel Area: a) Carlos Vignon (?) , Cathedral City, stated that he lives adjacent to the proposed Survey Area,, and intends to protest the moratorium; that he purchased a lot for his home, and other properties to develop for sale; that his plans are in for• plan check, but he cannot take his building permit; that Mr. Adler has been purchasing lots for some time, however, since the moratorium his offering price/terms is less than what he was originally offering; that he feels the moratorium has cost him $30,000; and that the moratorium should not be extended. Chairman stated that the development is very much O desired, and both sides of the issue need to be considered; that there has been very little activity in the canyon area for a long time; that since the project became public, many lots have been purchased knowing that they may be needed for the project; and without some restriction, the price tags may be too high for the project to proceed. b) Terry Rudd submitted a packet of information for each Member, and spoke at length concerning the value of properties, the restriction on building, the lack of need to incude Tract 16149, the lack of information about the project in April when buyers were led to believe they could build on the lots; and the uncertainty of whether lthe developer will even close on the hotel parcel . Chairman stated that everything that can be done concerning the hotel has been done; that there is agreement with the Tribe, and only the paper work from the Federal offices is needed. c) Dr. Peter Tynberg, 1599 Via Norte, stated that buyers were assured of certain density and low traffic when the properties were purchased; that he wants no more than what was originally designated for the area; and that the hotel and condominiums should be located away from the people who have already built their homes. CRA Minutes 7-11-90 Page 2 _ 9� LEGISLATIVE ACTION: 1. PA1BI0 Consideration of approving lease renewal terms of agreement with Bill Short dba Carriage Trade LTD. , A236C. ' Director of Economic Development reported that this matter was reviewed in detail at the last study session; and that Alternate Resolution B. addresses the direction given at the study session, i .e. , specifies rental basis if lessee exercises option for additional five year term. Resolution 706, described as alternate B, was presented; after which, it was moved by Broich, seconded by Murawski , and unanimously carried, that R706 be adopted. 2. PA1BI Recommendation: That the Agency approve a personal service contract with Ray and Edna Matlock for the management of the Monte Vista Hotel for one year. Director of Economic Development reported that this matter was reviewed in detail at the study session, and that the amount of mileage reimbursement will be changed from 29¢ to 25¢, consistent with City Council policy change. In answer to question by the Agency, he stated that the maximum monthly amount was not changed, but if the Agency desired to do so, it might be reduced by $100, however, the actual amount of mileage reimbursement will be based ' on the actual number of miles submitted, and there is not a lump sum allotment included in the monthy fee. Resolution 707, as recommended, was presented; after which, it was moved by Neel , seconded by Murawski , and unanimously carried, that R707 be adopted. 3. PA1B1 Recommendation: That the Agency approve leases at the Monte Vista Hotel property for 406 North Palm Canyon Drive to A Place of Interest, Inc. , owned by James Castre, dba Desert Comics, for a term of one year; and for 402 North Palm Canyon Drive to Virginia Dixon dba Classic Doll Shop for a term of one year. Director of Economic Development reported that Mr. Castre has no problem with the language concerning evening hours tied to DBID rules that might be adopted, nor not being closed in the summer, but was not available to sign the new lease; that Ms. Dixon had requested deferral of the lease, pending her discussions with the County Tax Assessor; and recommended that both items be continued to July 25. It was moved by Broich, seconded by Neel , and unanimously carried, that these matters be continued to July 25. 4. 1990-91 BUDGET Assistant Finance Director reported that proposed Resolution is consistent with the budget reviewed by the Agency; after which, it was moved by Broich, seconded by Neel , and unanimously carried, that R708, approving the 1990-91 CRA Budget, be adopted. CRA Minutes 7-11--90 Page 3 ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. L JUDITH SUMICH Assistant Secretary CRA Minutes 7-25-90 Page 2 4. PA1B7 - PLAZA THEATER Recommendation: That the Agency award bid to Seeley Fire Protection, Inc. , for $10,755 - A248, and Desert Water Agency for $8,000 - A249, for water connection of fire ' protection system of the Theater; and amend the budget to appropriate funds therefore. Recommendation highlighted by the Director of Economic Development. Agency Member Broich stated that he felt DWA was being unreasonably resistant, since the Agency agreed to guarantee payment of the bill . Resolution 712 and 713, as recommended, were presented; after which, it was moved by Neel , seconded by Broich, and unanimously carried, that R712 be adopted. 5. PA1B7 - PLAZA THEATER Recommendation: That the Agency approve agreement with McMillion Group for fundraising services in planning, promoting and executing fundraising activity for continuing renovation of the Theater; and amend the budget to appropraite $5,000 advance, therefore - A250. Business Retention Specialist highlighted the report, and stated that funds raised will allow repayment to the City for the first phases, and allow continuing with Phase II; that the company will receive a percentage of funds which ' are raised by them, but not raised as a result of other efforts; and that the agreement will provide a 30-day cancellation. Resolution 714 and 715, as recommended, were pesented; after which, it was moved by Broich, seconded by Neel , and unanimously carried, that R714 nd 715 be adopted. 6. PA1B7 - PLAZA THEATER Recommendation: That the Agency authorize solicitation of bids for certain improvements of Phase 2 of the renovation of the Theater; and amend the budget to appropriate $12,000 for architectural services with R.F. McCann & Co. This matter to be brought back to the Agency, following review by Agency Member Murawski and staff how to accomplish the necessary work, for less. It was moved by Murawski , seconded by Broich, and unanimously carried, that this matter be tabled. CRA Minutes 7-25-90 Page 3 7. PA1 - RUDNICK PROPERTY Recommendation: That the Agency approve letter of intent with Ludmilla Ahtan, dba L.A. Cave, to relocate existing store to Agency owned property at 263-265 S. Indian Avenue, due to loss of lease at current location - A251. Director of Economic Development reviewed his report, and added that if the premises are required by the Agency before the expiration of the lease, there will not be any relocation assistance provided; and thatlif the cost of the work exceeds $10,000, the tenant will have to pay any amount in excess of that, and if she chooses not to do so, there will be no lease and the work will not proceed. Resolution 716 as recommended, was presented; after which, it was moved by Neel , seconded by Broich, and unanimously carried, that R716 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. JUDITH SUMICH Assistant Secretary MINUTES OF �0 THE CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS JULY 18, 1990 The regular meetings of the City Council , and of the Community Redevelopment Agency, of the City of Palm Springs, California, of Wednesday, July 18, 1990, at 7:30 p.m. , were adjourned by the t City Clerk/Assistant Secretary, to Wednesday, July 25, 1990, at 7:30 p.m. , in the Council Chamber, 3200 Tahquitz-McCallum Way. Present: None Absent: Council/Agency Members Broich, Hodges, Murawsk, Neel and Mayor/Chairman Bono f G ITH SUMICH —� City Clerk and Assistant Secretary r i MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS JULY 25, 1990 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, was called to order by Chairman Bono, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, July 25, 1990, at 7:30 p.m ROLL CALL: Present: Agency Members, Broich, Hodges, Murawski , Neel and Chairman Bono Absent: None APPROVAL OF MINUTES: June 20, July 4, 11, 18, 1990 PUBLIC COMMENTS: None LEGISLATIVE ACTION: 1. PA1B1 - MONTE VISTA Recommendation: That the Agency approve lease at the Monte Vista Hotel property for 406 North Palm Canyon Drive to A Place of Interest, Inc. , owned by James Castre, dba Desert Comics, for a term of one year A246. Recommendation highlighted by the Director of Economic Development. Resolution 709, as recommended, was presented; after which, it was moved by Broich, seconded by Neel , and unanimously carried, that R709 be adopted. 2. 1990-91 BUDGET AMENDMENT Recommendation: That the Agency amend the budget to appropriate $10,000, to cover expenses related to the Desert Inn Renovation (McWethy) project. Recommendation highlighted by the Business Retention Specialist. Resolution 710, as recommended, was presented; after which, it was moved by Murawski , seconded by Broich, and unanimously carried, that R710 be adopted. 3. PA1 - RUDNICK PROPERTY Recommendation: That the Agency approve month-to-month rental of Agency-owned apartment at 261 IV. Indian Avenue, to Yolanda Fonseca - A247. Recommendation highlighted by the Director of Economic Development. Resolution 711, as recommended, was presented; after which, it was moved by Hodges, seconded by Broich, and unanimously carried, that R711 be adopted: MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS JULY 31, 1990 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, was called to order by Chairman Bono, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, July 31, 1990, at 7:30 p.m. ' ROLL CALL: Present: Agency Members Broich, Hodges, Murawski , Neel and Chairman Bono Absent: None PUBLIC COMMENTS: None LEGISLATIVE ACTION: 1. PA3 - MR. MEAT Recommendation: That the Agency deny request for additional six month extension for demolition of property on S. Palm Canyon Drive. Director of Economic Development reported that the time frame for demolition has been extended; that the owner claims hehas potential lessee; that the Agency cannot force the demolition; and that if the owner does not proceed forthwith, the Agency should decline to pay for it, and therefore the request for the extension should be denied. Resolution 717 as recommended, was presented; after which, it was moved by Broich, seconded by Neel , and unanimously ' carried, that R717 be adopted. 2. PA1 - LIEBLING/HAUSMAN PUBLIC PARKING LOT Recommendation: That the Agency authorize solicitation of appraisals on properties on the NW corner of Indian Avenue and Tahquitz Way; preparation of an owner participation agreement with Liebling Trust; and preliminary design of surface parking lot, exclusive of the buildings on the Palm Canyon frontage, and the building known as the old Bank of America Building on the Hausman property. Director of Economic Development reported that a parking structure on the site would be a great risk, and freeze future development of the property; that the surface parking would necessitate the demolition of all buildings from, but not including, Baskin Robbins east to Indian, and the retention of the former BoA building; that the Agency's control of the property would not preclude pursuing the Lapham proposal ; and that the parking lot would result in a holding action on the site. Councilmember Murawski stated that it still gives options to be considered, and choices depending on who actually ' comes forward with a project. Councilmember Hodges stated that the action appears contrary to what the Agency was excited about a few weeks ago, and questioned what information has been given that that project is not viable; and that dollars will be spent that could be spent on a final project. CRA Minutes 7-31-90 Page 2 2. PA1 (Continued) Director of Economic Development stated that money spent on the surface parking would otherwise have been spent on a parking structure. He also stated that the Liebling Trust does not favor any parking on that corner, but seems to favor the surface parking vs. the structure. Don Blanton, Liebling Trust, stated that the Trust is not prepared, financially, to develop the site; that it would be interested in some development. if it did not have to provide a parking ,structure, nor parking beyond the needs of its own development; that the surface parking is an interim solution; that the buildings need replacement, or re-facing; that long-term leasing to th,e Agency appeared a solution, because outright sale of the property causes hugh capital gains. Mayor stated that the Agency wants to get the downtown area upgraded, and develop a new look, and to have that done by the property owners as a first, choice, but if the owners do not take an assertive position, or pass over the idea, the Agency will have to do it; that there is an exciting project across the street from the site, with no parking, and that is a problem which needs to be addressed. Mr. Blanton stated that the Trust will be meeting mid-August to discuss what to do with the property. Mayor suggested that the Trust make a decision and let the Agency know what its bottom line is. e Councilmember Hodges stated that the Trust has heard something from the City it has not heard before, and should be given the opportunity to review it and to come back with what it is going to do; and that money proposed to be spent is a waste at this time, and is ,jumping ahead; and that one month delay will' not make a great difference. Director of Economic Development stated that the Trust has been clear that it did not want to develop the property, and did not want to be responsible for the parking on the back portion of the property; that the appraisal will be for purchase, not leasing; and that the Trust is interested in rehabilitating the street frontage, but is not willing to take the major risk, nor is it ready to develop. Resolution 718 as recommended, was presented; after which, it was moved by Murawski , seconded by Neel , and carried by the following vote, that R718 be adopted: AYES: Broich, Murawski , Neel & Bono NO: Hodges ABSENT: None CRA Minutes 7-31-90 Page 3 3. PLAZA THEATER RENOVATION Recommendation: That the Agency authorize solicitation of bids for certain improvements for Phase II renovation of the Theater, and the allocation of $6,000 for architectural services with R.F. McCann & Co. ' Assistant Director of Economic Development highlighted the Director's report„ detailing items to be bid, and noted that there is no place on the premises for rest rooms. Councilmember Murawski stated that a review of the needs went smoothly, and the Theater can be ready soon without major changes; that there is adequate room for dressing rooms, and a "star" dressing room can be added later; and suggested that the staff work with the property owner to rent the empty building on Indian Avenue. Assistant Director stated that the property is owned by Mr. Pitts, who has been out of town, and an "off-the-street" rental price was given by his office, but not a serious negotiation. Councilmember Hodges suggested that if the Agency acquires the rental , that the window portions be used for displays, promotions, event announcement, and the like, in order to prevent it from looking like a boarded-up building. Resolution 719, authorizing the bids, and 720 amending the budget, were presented; after which, it was moved ' by Murawski , seconded by Broich, and unanimously carried, that R719 and 720 be adopted; and that staff negotiate with the property owner on the rental of the property. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. JUDITH SUMICH Assistant Secretary 1 MINUTES OF CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS AUGUST 1 AND 15, 1990 Regular meetings of the City Council , and of the Community Redevelopment Agency, of the City of Palm Springs, of August 1 and 15, 1990, were adjourned by the City Clerk due to lack of quorum. (Note: No other meetings were scheduled or held during August) . ROLL CALL: Present: None Absent: Council/Agency Members Broich, Hodges, Murawski , Neel and Mayor Bono JUDITH SUMICH City Clerk & Assistant Secretary MINUTES OF CITY OF PALM SPRINGS _ 0 CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY SEPTEMBER 4, 1990 A Special Meeting of the City Council and of the Community Redevelopment Agency of the City of Palm Springs, was called to order by Mayor/Chairman Bono in the Large Conference Room, City Hall , 3200 Tahquitz-McCallum Way, on Tuesday, September 4, 1990, ' at 10:00 a.m. ROLL CALL: Present: Council Agency Members Broich, Murawski , Neel and Mayor/Chairman Bono Absent: Council/Agency Member Hodges REPORT OF POSTING OF AGENDA: Report of City Clerk: Agenda posted in accordance with Council policy on August 31, 1990 (NOTE: Refer to City Council Minutes for other matters) 2. DOWNTOWN VISION PLAN - CITY & REDEVELOPMENT AGENCY COMMITMENTS Recommendation: That the Council and Redevelopment Agency grant to Vision Palm Springs Consortium (SENCA) a 180-day exclusive right to acquire certain City and Agency properties; to represent City in O'Donnell leasehold negotiations, and to initiate negotiations with the County for use of the Tachevah Dam debris basin. Planning Director reviewed the memorandum of the Director of Community Development, and noted that the Vision Plan will be presented on September 18 in study session; that the exclusive right commits the city/agency owned lands to SENCA to negotiate them at fair market value or cost, whichever is greater; that funds from any sales might be used to acquire other properties that might be needed for the Vision Plan; and that there is nothing in the action proposed that would involve City costs without specific approval . Councilmember Broich stated that he preferred the action to be a first option for SENCA rather than a total commitment that if they come up with the money, the land is SENCAs. Mayor stated that if the deal does not proceed, SENCA does not own the land. Councilmember Murawski stated that nothing is being transferred, and the entire project will have to be put together and approved by the Council . Councilmember Neel stated that he is a member of O'Donnell Golf Club, and serves on its Board, and will abstain from discussion and voting. Councilmember Murawski stated that his understanding is ' that negotiations will include priority tee-times for O'Donnell members, and efforts to make the deal good for O'Donnell as well as for the city. Mr. Ogburn stated that several offers have been made, and the intent is to give something of value besides money that the members can agreed to. CRA Minutes 9-4-90 Page 2 2. DOWNTOWN VISION PLAN (Continued) Mayor stated that SENCA has met with O'Donnell , and he has met with their attorney; that the Vision Plan is a big bite and a tremendous change for the future of Palm Springs; that the Council must consider the greatest good for the greatest number, which are not always easy choices to make; that he recognizes that the O'Donnell Golf Club wants protection for as long as it can, and if the city O were flourishing that might be possible; that it would be wonderful to have O'Donnell as a part of the downtown that the Council is trying to achieve; that every negotiation effort will be made to include O'Donnell as a part of downtown and the future of Palm Springs. Resolution 17235 as recommended, was presented; after which, it was moved by Broich, seconded by Murawski , and unanimously carried, Hodges absent, and Neel abstaining, that R17235 be adopted, subject to adding ". .as approved by the City Council . " to the last sentence of the second paragraph in Section 1. Resolution 721 as recommended, was presented; after which, it was moved by Broich, seconded by Murawski , and unanimously carried, Hodges absent, and Neel abstaining, that R721 be adopted, subject to adding ". .as approved by the Community Redevelopment Agency." to the last sentence of the second paragraph in Section 1. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. JUDITH SUMICH Assistant Secretary q MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS SEPTEMBER 5, 1990 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, California, was called to order by Chairman Broich, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, September 5, 1990, at 1:30 p.m. ROLL CALL: Present: Agency Members Hodges, Murawski , Neel , Vice-Chairman Broich Absent: Chairman Bono APPROVAL OF MINUTES: It was moved by Hodges, Seconded by Neel and unanimoulsy carried, Bono absent that the Minutes of July 25, 31, August 1 and 15 be approved. PUBLIC COMMENTS: None LEGISLATIVE ITEMS: 1. PA1B7 - PLAZA THEATER RENOVATION Recommendation: That the Agency award bids for items relating to the Phase II renovation of the Plaza Theater, and amend the budget thereto. Assistant Director of Economic Development stated that on July 31, 1990 the Agency authorized staff to accept bids for improvements to the Plaza Theater; that the improvements have been made and additional items are needed at this time; that the total cost for Phase II is $86,205. ; that funds are available in the Central Business District account; and that the money advanced would be repaid ' through fundraising efforts. Resolution 722 awarding various bids and Resolution 723 amending the budget for $98,000 was presented; after which, it was moved by Murawski , seconded by Neel , and unanimoulsy carried, that R722 and R723, respectively, be adopted. 2. PA1B7 - LANZ OF CALIFORNIA-LOSS OF BUSINESS GOODWILL SETTLEMENT: Recommendation: That the Agency approve a final settlement to Lanz of California for loss of business goodwill for $78,380.20. Director of Economic Development reviewed the staff report given in detail at the last study session, and no further report was given. Resolution 724 as recommended, was presented, after which; ' it was moved by Neel , seconded by Hodges, and unanimously carried, that R724 be adopted. Agency Minutes 9-5-90, Page 2 LEGISLATIVE ITEMS (Continued) 3. PA3B5 - RELOCATION BENEFITS-SUSIE'S PET PLACE: Recommendation: That the Agency authorize payment for $13,918.50 to Marlene Baker, sole proprietor of Susie's Pet Palace, 190 W. Sunny Dunes, pursuant do the California Relocation Assistance Law, Government Code Section 7260 et seq. Business Retention and Acquisition Coordinator reviewed the staff report given in detail at the last study session, and added that it was the business owner' s desire to discontinue her business and accept a fixed relocation payment. Resolution 725 as recommended, was presented, after which; it was moved by Neel , seconded by Hodges, and unanimously carried, that R725 be adopted. 4. PA1B1 - LEASE RENEWAL-A CLASSIC DOLL: Recommendation: That the Agency renew the lease with Virginia Dixon, dba, A Classic Doll Shoppe, located at 402 North Palm Canyon Drive. A252C. Director of Economic Development reviewed the staff report given in detail at the last study session, and added that the term of the lease will be for one year, commencing on June 1, 1990, and terminating on May 31, 1990; and that the rent will be in the amount of $700 per month. Resolution 726 as recommneded, was presented, after which; it was moved by Hodges, seconded by Neel and unanimously carried, that R726 be adopted. ADJOURNMENT There being no further business, Vice-Chairman declared the meeting adjourned. JUDITH SUMICH _Assistant Secretary By: PATRICIA SANDERS Acting Assistant Secretary MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS SEPTEMBER 19, 1990 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, was called to order by Chairman Bono, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, September 19, 1990, at 7:30 p.m. ROLL CALL: Present: Agency Members Broich, Hodges, Murawski , Neel and Chairman Bono Absent: None PUBLIC COMMENTS: a) Jeremy Crocker, spoke concerning Item 2, and asked what will happen regarding the Wastewater Treatment Plant Fund loan of $500,000 which was made to the project. b) Frank Coffey, Brentwood Drive, spoke concerning Item 2, and asked that the Agency provide clarification regarding loans to the project, before becoming involved in other projects, i .e. , the Vision Plan. LEGISLATIVE ACTION: 1. PA1B12 - LA MIRAGE: Recommendation: That the Agency approve a maximum expenditure of up to $20,000 in matching funds from the ' Property Upgrade Assistance Program for exterior improvements to the property at 333 S. Palm Canyon (La Mirage Interiors). Rehabilitation Specialist reviewed the memorandum of the Director of Economic Development, and noted that subsequent to the study session, the resolution was revised to reflect condition regarding the use of the parking lot, which he read. Resolution 727, as revised, was presented; after which, it was moved by Broich, seconded by Neel , and unanimously carried, that R727 be adopted. 2. PA4B11 - AUTO CENTER - LUTHER Recommendation: That the Agency approve agreement with ( 124- Luther Company Limited Partnership to establish methods 059) to jointly market property at Ramon and Gene Autry Trail , in which both have an interest - A253. Director of Economic Development reported that the project has died, and in order to extract each party from the previous agreement, the proposed agreement would permit the sale of the property, with the Agency receiving first right to the income, to be used to repay the loans from the City; that the hazardous waste problem was only a part of the reason for not developing the site; that there are two separate parcels involved, only one which involves Luther, however, both will be sold. Resolution 728, as recommended, was presented; after which, it was moved by Broich, seconded by Neel , and unanimously carried, that R728 be adopted. CRA Minutes 9-19-90 Page 2 ADDED STARTER: 3. SELF-HELP HOUSING Recommendation: That the Agency authorize the purchase of 8 vacant lots in the Desert Highland neighborhood for (124- a total of $59,300 for the self-help housing program with 056) the Coachella Valley Housing Coalition - escrow to close September 21. It was moved by Broich, seconded by Hodges, and unanimously carried, that this matter be determined eligible for consideration, and added to the agenda. Director of Economic Development reviewed his report, and noted that the eight lots, combined with two currently owned by the Agency, will, comprise the second ten lots of the total 20 under the agreement with CVHC. Resolution 729, as recommended, was presented; after which, it was moved by Broich, seconded by Murawski , and unanimously carried, that 029 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. JUDITH SUMICH Assistant Secretary n pro y MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS OCTOBER 3, 1990 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, California, was called to order by Chairman Bono, in the Council Chamber, 3200 Tahquiz-McCallum Way, on Wednesday, October 3, 1990, at 7:30 p.m. ROLL CALL: Present: Agency Members Broich, Hodges, Neel and Chairman Bono ' Absent: Agency Member Murawski APPROVAL OF MINUTES: It was moved by Broich, seconded by Neel , and unanimously carried, that the Minutes of September 4 & 19, 1990,. be adopted. PUBLIC COMMENTS: None LEGISLATIVE ACTION: 1. PA1B12 - LA MIRAGE: Recommendation: That the Agency approve a Memorandum of Understanding between the Agency and La Mirage Interiors. Rehabilitation Specialist stated that the purpose of the MOU was to upgrade the parking lot located at 333 South Palm Canyon Drive and to lease the Agency the excess parking spaces for public parking; that the Agency will maintain the parking lot; and that the term of the lease will be 5 years. ' Resolution 730 approving MOU with La Mirage, concerning excess parking spaces, and parking lot improvement was presented, after which; it was moved by Broich, seconded by Neel , and unanimously carried that R730 be adopted. 2. PA1B1 - MONTE VISTA HOTEL: Recomendation: That the Agency award contract for miscellaneous hotel furniture to Contract Decor, Inc. , for $14,205. 12 Director of Economic Development reviewed the staff report given in detail at the last study session, and added that the new furniture is needed in order to rent the rooms. Resolution 731 as recommended, was presented; after which, it was moved by Neel , seconded by Hodges, and carried by the following vote, that R731 be adopted. AYES: Hodges, Neel and Chairman Bono NO: Broich ABSENT: Murawski ' ADJOURNMENT There being no further business, 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 OCTOBER 17, 1990 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, was called to order by Chairman Bono in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, October 17 , 1990, at 7:30 p.m. ROLL CALL: Present: Agency Members Broich, Hodges, Murawski and Chairman Bono Absent: Agency Member Neel PUBLIC COMMENTS: None LEGISLATIVE ACTION: 1. PA5B2 - PALM MOUNTAIN RESORT Recommendation: That the Agency approve agreement with Pacific Hospitality Group concerning renovation and expansion of hotel property at 155 South Belardo - Agr This matter was reviewed at the study session, and the Agency asked that' it be continued pendting further review in study session. It was moved by Broich', seconded by Murawski , and unanimously carried, Neel absent, that: this matter be continued to November 7, 1990. 2. PA3B5 Recommendation: That the Agency authorize payment of $8,783.75 to Colleen Chambers, dba Canyon Bicycle Shop, 210 W. Sunny Dunes Road, pursuant to California Relocation Assistance Law. Business Retention Specialist highlighted the memorandum of the Director of Economic Development, which was reviewed in detail at the last study session. Resolution 732, as recommended, was presented; after which, it was moved by Broich, seconded by Hodges, and unanimously carried, Neel absent, that R732 be adopted. 3. PA1 PLAZA THEATER Recommendation: That the Agency approve increases to certain contract prices for rennovation work at the theater, i .e. , Penhall (concrete cutting) $1,930, P.S. Welding (iron work) $1,550, Dustin Waln (stage and drapes) $750, and architect R.F. McCann (no agreement) $5,080; and accept bid of Schellenbarger Construction for concrete work for $3,342; and amend the budget to appropriate $18,500. Assistant Director of Economic Development stated that the door probably will be less costly than expected; and a second bid for painting was $3,985. CRA Minutes 10-17-90 Page 2 3. PA1 PLAZA THEATER (Continued) Agency Member Murawski stated that during the rennovation, it was found that with a minimum amount of cutting, and railing, an orchestra pit was possible, providing greater flexibility for the use of the theater, and since other ' dirty work was being done, the work could be done now. Resolution 733 and 734, as recommended, respectively, were presented; after which, it was moved by Murawski , seconded by Broich, and unanimously carried, Neel absent, that R733 and 734 be adopted. REPORTS: (Note: Statements of financial disclosure have been filed by new council , commission, and acting staff members for the various project areas, and are available in the City Clerk' s Office) ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. �_-JUDITH SUMICH Assistant Secretary 1 MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS NOVEMBER 7, 1990 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, California, was called to order by Chairman Bono, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, November 7, 1990, at 7:30 p.m. ROLL CALL: Present: Agency Members Broich, Hodges, Murawski , Neel and Chairman Bono 0 Absent: None APPROVAL OF MINUTES: It was moved by Neel , seconded by Hodges , and unanimously carried, that the Minutes of September 5, October 3, & 17, 1990 be approved. PUBLIC COMMENTS a) George Goldberg, no address given, regarding item 2 stated that staff should investigate the review of the old plans of the theater to determine the roof structure tie in with the wall ; that there should be reinforcing steel in the walls; that a visual assessment should be made to determine if any past damage has occurred from earthquakes; that the building was started around 1937, and that other cities had adopted earthquake standards in 1933; and that the staff could perform the analysis rather than hire an outside firm. LEGISLATIVE ACTION: 1. PA5B2 - PALM MOUNTAIN RESORT (124- Recommendation: That the Agency approve agreement with 083) Pacific Hospitality Group concerning renovation and expansion of hotel property at 155 South Belardo Agr #255. Item continued from 10-17-90. Director of Economic Development reviewed the staff report, given in detail at the last study session, and added that the owner participation agreement had been reviewed by the City Attorney, the consultants Keyser-Marston, the developer, and his attorney; that there is a rebate concerning tax increment; that the term for repayment of the advance to the Participant shall commence upon the date that the Agency's obligation to repay the advance is due, and shall end on the date that the advance is totally repaid, or seven years, whichever is earlier; that an agreement between the City and the Redevelopment Agency was also recommended to provide for the annual consideration by the Council of appropriating T.O.T. increment attributable to the Group to pass thru; and that he recommended that the agreements be approved, subject to City Attorney final language approval . Resolution 735 approving Agreement 255 with Pacific 0 Hospitality Group and _, '^ with as recommended, was presented; after which, it, was moved by Murawski , seconded by Neel , and unanimously carried, that R735 be adopted. Agency Minutes 11-7-90, Page 2 LEGISLATIVE ACTION (Cont'd) 2. PA1 - PLAZA THEATER: Recommendation: That the Agency approve an agreement with Kariotis & Associates for seismic analysis for $13,825; agreement with R. F. McCann for architectural services related thereto, for up to $2,600; authorize City Manager _ to approve material testing costs up to $2,000, and amend the budget to provide funds, therefore, of $18,425. Assistant Director of Economic Development stated that concerns over earthquake safety caused the State Legislature to pass SB 547, which is commonly referred to as the Unreinforced Masonry Law, in 1986; that one of the requirements is to create a list of potentially hazardous buidings which contain walls constructed of masonry materials built before earthquake resistant codes were enforced; that the City has completed the list and the Plaza Theatre is included; that an order to comply was issued by the Building Department; that a structural analysis of the building needs to be completed; that requests for proposals were solicited and that Kariotis was the only response the Agency received; that in addition to the architectural services to be performed by Kariotis & Associates, it is recommended that R. F. McCann, the theater's architect, oversee the work and answer questions concerning structural loads imposed by the theatre operations; that the City has until November 8, 1990, to meet State requirements; that notification was not received by the Agency until February, 1990, that this standard was being applied; that staff is not qualified to perform the services; that the costs were negotiated; that staff located the original plans of the Plaza Theater, which saved the City money; and that the seismic analysis costs were not added to the budget, due to the timing involved, and the budget process. Director of Community Development stated that State Law requires the assessment; and non-compliance could result in closure of the theater. Councilmember Murawski stated that an extension could be applied for; that the item needed discussion by the Council ; that staff should be aware of time lines, in order to allow Council to consider items fully. Councilmember Broich stated that two architects are not needed for the same project; and recommended approval of Kariotis agreement. Councilmember Hodges stated that the analysis should have been performed prior to renovation; that staff should budget anticipated expenses; that there are concerns with budget amendments; and that the price should be further negotiated. ' Councilmember Neel stated that it is mandated by State Law to perform the assessment; that it is necessary to have the theater architect present to avoid punching holes in the walls; that the City has the responsibility to set precedent in compliance with State Laws; and that the City could be in jeapordy with refusal to comply. :' -=Agency Minutes 11--7••90 Page 3 LEGISLATIVE ACTION (Cont'd) 2. PA1 - PLAZA THEATER (Cont'd) Resolution 736 approving Agreement 256 with Kariotis & Associates, subject to City Attorney final approval , and authorizing the City Manager to approve material testing costs up to $2,000 relating to a Seismic Analysis of the Theater; and Resolution 736 amending the budget to appropriate $15,825, therefore, was presented; after which, it was moved by Neel , seconded by Murawski , and carried by the following vote, that R736 and R737 be adopted. AYES: Broich, Murawski , Neel and Bono NO: Hodges ABSENT: None 3. PAINTBRUSH PROGRAM Recommendation: That the , Agency amend the budget to appropriate $20,000 to increase the Paintbrush Program budget for eligible low income families. Housing Specialist reviewed the staff report given in detail at the last study session, and no further report was given. Councilmember Broich stated that the program was one of the best in the City. Resolution 738 amending the budget was presented; after ' which it was moved by Broich, seconded by Hodges, and unanimously carried, that R738 be adopted. REPORTS - Received and Filed July - Sept. , 1990 Financial Statements ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. JUDITH SUMICH A�ss'stant Secretary By: PATRICIA A. SANDERS Acting Assistant Secretary MINUTES OF w ° ru; COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS NOVEMBER 21, 1990 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, was called to order by Chairman pro tem Broich, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, November 21, 1990, at 7:30 p.m. ROLL CALL: Present: Agency Members Broich, Hodges, Murawski , and Neel Absent: Chairman Bono PUBLIC COMMENTS: None LEGISLATIVE ACTION: 1. CANYON AREA - PROJECT AREA BOUNDARIES & PRELIMINARY PLAN Recommendation: That the Agency determine the boundaries for the project area, and approve the preliminary plan for a new redevelopment project area including the Canyon Hotel and land adjacent to it. Hunter Johnson, redevelopment consultant, stated that the proposed action will start the process leading toward the formation of a new project area including the former Canyon Hotel site; that public comments will be invited from landowners and residents; that comment has been received from the Tribal Council , which will be included and reflected in the process; and that the reference to Section 36 in the proposed resolution should be Section 34. In answer to question by Council , City Attorney stated that the redevelopment plan process will ultimately end in a redevelopment plan which will go into great detail ; that there will be a 60-day challenge period after adoption of the ordinance; that the EIR will be available and is also subject to challenge; that the proposed action outlines the parameters of what will be included in the plan, to comply with legal requirements; and that there will also be a complete fiscal impact analysis. Mr. Johnson stated that there will also be a public hearing, with certified notice provided. Resolution 739 as recommended (Section 34 noted) was presented; after which, it was moved by Murawski , seconded by Neel , and unanimously carried, Bono absent, that R739 be adopted. 2. BUDGET AMENDMENT - DOWN PAYMENT ASSISTANCE PLAN Recommendation: That the Agency amend the budget to appropriate $50,000 from the Low/Moderate Housing Set (124- Aside Fund to provide loans to moderate income home buyers. 079) It was moved by Hodges, seconded by Murawski , and unanimously carried, Bono absent, that this matter be continued to November 27 , 1990 ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. �.� JUDITH SUMICH Assistant Secretary s , rn " MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS NOVEMBER 27, 1990 An Adjourned Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, was called to order by Chairman Bono, in the Large Conference Room, City Hall , 3200 Tahquitz-McCallum Way, on Tuesday, November 27, 1990, at 2:00 p.m. ROLL CALL: Present: Agency Members Broich, Hodges, Murawski , Neel and Chairman Bono Absent: None PUBLIC COMMENTS: None LEGISLATIVE ACTION: 1. PA9 - CONARD/COLE VISTA CHINO MANOR Recommendation: That the Agency authorize acquisition of parcel on the south side of Vista Chino, west of Sunrise Way, for elderly care facility; and approve Development & Disposition Agreement with H. Eugene Conard Associates, Inc. and Cole Associates,' related thereto, A259; and authorize entering agreement with Palm Desert National Bank for loan to the Agency for said acquisition, estimated total $1.2 million. Memorandum reviewed by the Housing Coordinator. City Attorney reported that the developer requested that the letter of credit be deferred until January; that there is a potential that they will not be able to perform the condition required by the letter, and he recommended that the DDA be approved without modification in that regard. He also recommended authorizing the documents, and authorizing the City Attorney to approve changes that might be necessitated by HUD; that a regulatory agreement will be recorded; that housing stock will be maintained for low and moderate income persons; that the stipulated 55-year term may be modified to 30-44 years, which is acceptable. Resolutions 740, 741, and 742, as recommended, were presented; after which, it' was moved by Neel , seconded by Murawski , and unanimously carried, that R740 through R742 be adopted, subject to modifications as may be approved by the City Attorney, as noted, and maintaining requirement for posting letter of credit without deferal . 2. BUDGET AMENDMENT - DOWN PAYMENT ASSISTANCE PLAN Recommendation: That the , Agency amend the budget to appropriate $50,000 from the Low/Moderate Housing Set (124- Aside Fund to provide loans to moderate income home buyers. 079) (Continued from November 21, '1990) Housing Coordinator reported that the maximum loan per lot would be $10,000, however, most of the loans will be considerably less than that; that there are requirements to qualify for the loan, and it would apply only to those who have first qualified for the primary financing of the home; that housing mitigation program relates to impacts on housing for employees who will live here as a result of a project area; and that the deficit currently determined by SCAG is 1200 units, and the Classic project may increase that amount. CRA Minutes 11-27-90 Page 2 2. BUDGET AMENDMENT - DOWN PAYMENT ASSISTANCE PLAN (Continued) Agency Member Murawski stated that there should be further research on this matter, and that $2,000 might buy into a rental unit, but it is not enough to assure a commitment to a home purchase; that the amount should be $5,000 by the purchaser before the loan is made. Housing Coordinator stated that the income qualifier is a family of four, with an income of $21,000-$22,000 annually; that $5,000 might be overwhelming, and $2,000 is a definite commitment in that it is not so big that they cannot buy the home; and that the monthly combined payment will be $675-$700 per month depending on the exact terms. Agency Member Neel stated that this is the type of person who needs help; and that they would be hard pressed to come up with $5,000, and therefore unable to purchase a home. Agency Member Hodges suggested that perhaps a $3,500 investment by the purchaser, or $2,000 plus closing costs, would be alternatives, and would provide assurance of their total commitment. Agency Member Murawski stated that another alternative would be to require the purchaser to pay 50% of the down payment required by the bank. Chairman stated that the Housing Coordinator is well informed on this subject, and scrutinizes each situation, and looks for the fairest demoninator for both the individual and the community; and that he did not have a fear that people will be taking advantage of the situation, rather the effort is to make it workable and reasonable. Motion by Neel , seconded by Bono, to approve the budget amendment, as recommended, failed to carry by the following vote: AYES: Neel & Bono NOES: Broich, Hodges & Murawski ABSENT: None It was moved by Hodges, seconded by Murawski , and carried by the following vote, that the Assistance Program be amended to provide that loan recipient shall pay $2,000 plus closing costs in return for the loan: AYES: Broich, Hodges, Murawski & Bono NO: Neel ABSENT: None Resolution 743, amending the budget to appropriate $50,000 ' was presented; after which, it was moved by Murawski , seconded by Hodges, and unanimously carried, that R743 be adopted. .j'; �� 0 CRA Minutes 11-27-90 Page 3 3. PAl - PLAZA THEATER MANAGEMENT Consideration of action and/or direction regarding management of the Plaza Theater. Business Retention Specialist reported that two members of the Agency met to review the applications, and develop suggested deal points for negotiating a lease agreement. Agency Member Murawski stated that he and Member 'Hodges conducted the interviews, and found two firms to be very well qualified, each offering a different product; that ( 124- they recommend meeting with the City Attorney to begin 074 ) developing deal points to negotiate the agreement to be brought back to the Council,; and that the matter is not ready to enter into specifics, until financing aspects are known. It was moved by Hodges, seconded by Murawski , and unanimously carried, that the sub-committee and city attorney proceed with negotiating deal points for agreement to be brought back to the Council . (Note: Brief discussion indicated that any interim bookings, other than those already scheduled, should be brought to the attention of the subcommittee. ) ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. JUD[TH SUMICH n Assistant Secretary MINUTES OF COMMUNITY REDEVELOPMENT AGENCY �t CITY OF PALM SPRINGS DECEMBER 5, 1990 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, California, was called to order by Vice-Chairman Broich, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, December 5, 1990, at 7:30 p.m. ROLL CALL: Present: Agency Members Hodges, Murawski , Neel and Vice-Chairman Broich Absent: Chairman Bono PUBLIC COMMENTS - None LEGISLATIVE ACTION: 1. PA1B1 - LEASE Recommendation: That the Agency approve store lease with Robert Maycock and Diana Collaso, for premises located at 428 N. Palm Canyon Drive (Monte Vista property) - Agr #258. Director of Economic Development reviewed the staff report given in detail at the last study session and no further report was added. Agency member Broich recommended continuing the item to allow further study of the lease presented; that discussion ( 124- with the City Attorney indicated that a standardized lease 068 ) is needed; that the City Attorney was not in favor of using the present lease; that the attorney Firm had been hired to protect the City and the citizens; that the people are the landlord, and should be afforded every protection ; that to use the lease as presented will be jeapordizing the citizens; and that a month-to-month lease could be used until a final lease approved by the City Attorney could be presented. Agency member Murawski stated that the Council is trapping the merchant in the midst of the Council 's problems; that the merchant is willing to open his business now; that the present lease was signed by the merchant in good faith; that past leases used the same language; that the merchant has used out-of-pocket expenses to revitalize the shop and needs to open for business; that if the business owner decides against signing the new lease and opening, the City should reimburse expenses to the merchant; that it is the Council ' s responsibility to safeguard the citizens rights, not that of the City Attorney; that to delay the lease, the City will be preventing the business from gaining Holiday business; and that the present lease has not caused problems in the past. Motion by Neel , seconded by Murawski , to approve the lease failed by the following vote: AYES: Murawski and Neel NOES: Hodges and Broich ABSENT: Bono Agency Minutes 12-5-90, Page 2 1. PA1B1 - LEASE (Cont'd) City Attorney stated that there are problems with the lease; that the format of the lease is basically sound, but it does not fully protect the landlord; that a finalized version of the lease could be ready within two weeks; that a month-to-month lease could be signed, with the understanding that a new lease is prepared; that an appropriate standarized lease is needed by the City; and that the City Attorney' s responsibility is to protect the City from possible litigation. Agency member Hodges stated that the lease presented is of the same language of past leases approved by the Council ; that the lease could be approved with the caveat that a new lease would be prepared by the City Attorney; and she questioned whether the merchant would agree to the stipulation. Director of Economic Development stated that the form presented by the City Attorney is complicated and the conditions and language used are not appropriate for the store; that the present lease was approved by former attorneys, and has been used for years; that there has never been any problems with the usage; and that concern should be on the opening of the business. Agency member Neel stated that the lease should be approved as it was written. Resolution 744, approving a month-to-month rental , until a final version of the lease 'is approved by the City Attorney, was presented; after which, it was moved by Hodges, seconded by Murawski , and unanimously carried, Bono absent, that R744 be adopted. 2. PA1B2 - LEASE: Recommendation: That the Agency approve store lease with Phillip H. Scully, dba Scully' s Bizarre Bazaar, for 435 124- N. Palm Canyon Drive (Morrison property) - Agr #----. 006 Item is pulled from agenda, no action taken. ADJOURNMENT There being no further business, Vice-Chairman declared the meeting adjourned. JUDITH SUMICH ,Assistant Secretary A" By: PATRICIA A. SANDERS Acting Assistant Secretary