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HomeMy WebLinkAbout1/1/1989 - CRA MINUTES N. 107 MINUTES, OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS JANUARY 4, 1989 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, was called to order by Chairman Bono, in the Council Chambers, 3200 Tahquitz-McCallum Way, on Wednesday, January 4, 1989, 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 December 14, 1988 be approved. PUBLIC COMMENTS: a) George Goldberg, no address given, stated that two contracts issued for Paoli 's demolition were illegal , and that he would report his findings at the next Council meeting. b) Dr. Louis Friedman, 3200 Baristo, staged that after waiting two and one-hal'f years he had obtained public housing; that Palm Springs needs a, half-way house; that various Councilmembers owned land and vacant e housing that they could donate for such use; that he would be willing to, work and manage the house at no charge; that he has taken people off the street into his home to give them a place to sleep; and that it is the City's responsibility to help the homeless. LEGISLATIVE ACTION: 1. PA7 - TAX DEEDED PROPERTIES: Recommendation: That the Agency authorize the purchase of seven tax deeded properties from the County. Director of Economic Development reviewed the staff report given in detail at the study session, and added that the acquisition of these properties would be an asset. Resolution 589 authorizing ,the acquisition as recommended of certain real property subject to sale under the County Tax Parcel Program was presented, after which; it was moved by Apfelbaum, seconded by Broich, and unanimously carried, that R589 be approved. 2. PA3BL12 - PAOLI 'S DEMOLITION: Recommendation: That the Agency approve a contract with Underground Unlimited for ,the demolition of the former Paoli 's Restaurant at 1211 ',South Palm Canyon in an amount not to exceed $24,200. Director of Economic Development reviewed the staff report given in detail at the study session and added that the Contractor has a C-21 license; that the funds for the demolition will come from another Capital Improvement Project; and that the 'bids is twice what was orginally bid, but only one bid had been received. 108 CRA Minutes 1-4-89. Page 2 Resolution 590 approving Purchase Order contract as recommended with Underground Unlimited for the demolition and clearance of property at 1211 South Palm Canyon Drive for an amount not to exceed $24,200.00, was presented, ' after which, it was moved by Broich, seconded by Foster, and unanimously carried that R590 be approved. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. JUDITN SUMICN City Clerk By: PATRICIA A. BODE Assistant City Clerk 109 MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS JANUARY 18, 1989 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, was ca � led to order by Chairman Bono, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, January 18, 1989, at 7:30 p.m. ROLL CALL: Present: Agency Members Apfelbaum, Broich, Foster, Neel and Chairman Bono Absent: None PUBLIC COMMENTS: See Item 1 for public concerning Casa del Camino. a) Dr. Friedman, 3200 Belardo (?) requested that the Agency not tear doom structures in the Alejo/Palm Canyon area, and instead help the poor people, and less affluent busii;esspersons stay in the area. b) Gary Wynn, attorne.i For owners of property regarding Palm Court project; stated that they have not been notified of the meeting, and have not received agendas or notes of the meetings of the Agency,. LEGISLATIVE ACTION: 1. PA6B2 CASA DEL CAMINO Recommendation: That i.he Agency authorize the demolition of the Casa del Camino No%el , 1447 North Palm Canyon. During the Public Ccrm,nits portion of the agenda, the following persons spoke concerning the site: Norman Peters, I53 `i,rnta Catalina, stated that he had made an offer to purchose the property to be improved as a 12-unit time share, from which the City could receive $400,000-600,000 annually in tax income; that his offer was denied, and he was -cold the property was not for sale; that he believed there is a conflict of interest on the part of the parties involved; that the building does not need to be torn down, and felt that to do so was a poor example for children growing up in Palm Springs; and that he is also interested in the, Palm Court property. Dale IClemp spoke in favor of allowing the property to be used by the Sorohcomist for a transitional housing program, to assist in bringing people out of the poverty level through education, training and job search. She stated that other benefits include shared housing, shared child care, skill development, and future businessowners; and asked that a decision be postponed until a suitable site can be found. Anne Dickson, 2190 N. Cerritos, representing the Soroptomist Clubs of the desert, stated that they are interested in acquiring use of the property, or something similar to it, to assist others in finding permanent housing, and serving as a transition For that purpose; that medical , psychological ., and nutritional counseling are provided, as well as help with n!onthly budgeting, federal and state programs, child care, transportation, remedial education, for the temporarily hnmele,ss; and that they are willing to acquire it and pay for' -the improvement, at a $1 per year rental , until the ir.ipr•.vement costs are recovered, at which time, purchasing or other arrangements can be worked out. CRA Minutes 1-18-89 Page 2 1. CASA DEL CAMINO (Continued) Pat Delfonte, also representing Soroptomist, stated that they supported the House of Hope for eight years, and it has now been taken over by other funding sources, and they are looking for a new project to support, and all clubs in the desert have agreed with the transitional ' housing project. Tom Ford, Director of the Lutheran Social Services for Riverside County, stated that they are supportive of the Soroptomist proposal for transitional housing to serve the greater Coachella Valley, and requested that the Agency allow use of the property, or to help in finding an alternative site to serve 75-150 people - persons who have "graduated" from 60-day shelters. Director of Economic Development reviewed his report, and described the four proposals which were received after the Agency directed that staff look at alternatives to demolition (October 19, 1988), which are detailed in his report. He stated that the Project Area Committee met and reviewed the proposals with the individuals, and recommend demolition; that it was made clear that the property was not for sale, and was originally purchased for eventual land assembly with adjoining private and publicly held parcels; that the transitional housing project is supported by staff, but its financing may require a fifteen year lease, and neither the PAC nor the staff think that the property should be tied up for that long, and there is concern regarding that type of use at the "entry" to the downtown; that CDBG funds are recommended for transitional housing, and staff is willing to work on finding an alternate location; that the other proposals should be dealt with, but the site is not conducive to them; and that the recommendation would call for demolition after the Fire Department uses the structure for training. He stated that there are a number of building deficiencies, and the structure is not habitable in its present condition; and that there may he relocation of tenant problems, if a residency situation is created. In answer to question by the Agency, Mr. Ford stated that if HUD funds are used to rehabilitate the site, a fifteen year lease would be required, but if HUD funds are only used to operate the facility, then the commitment would be for five years; that rehabilitation funds are extremely competitive, and if HUD funds are involved, there would not be any obligation for the City to relocate tenants; and the HUD application could be restricted to operating funds. In answer to question by the Agency, Housing Coordinator stated that there are three possible sources of funds - the McKinney Act funds referred to by Rev. Ford; CDBG funds - which would require the same fifteen year time commitment for rehabilitation, since they are simply a ' different source of HUD monies; and local CRA housing set aside funds, which under State law also have a fifteen year time commitment for rehabilitation, but no time commitment if only for operation; and that the building is not habitable. CRA Minutes 1-18-89 Page 3 1. CASA DEL CAMINO (Continued) In answer to question by the Agency, Rev. Ford stated that he has seen other projects which combine private funding sources for rehabilitation, and public funds for operating costs, and he believed the project could be accomplished in that manner', within one year - including raising the funds. Executive Director stated that the objectives of the Agency, and not those of the City, should be considered, i .e. , that the property was purchased for the purpose of stimulating economic redevelopment in a way that would enhance the commercial base of the community; that staff would not have recommended purchasing the property without that objective in mind; that if a non-economic development approach to the property is taken, it should be in a manner which gives total flexibility in achieving in the long term the types of uses expressed by the PAC and the General Plan, and needs which are ,currently being expressed for the City to do something in the central business corridor. In answer to question by the Agency, the Executive Director stated that the objective ,was to purchase the site at a good price, and to hold it to secure a superior type of development that could be achieved through the combining of properties, including the City-owned reservoir site which is subject to the O'Donnell Golf Course lease, but which may be negotiable, resulting in a parcel configuration that suits the needs of the modern investor - for which there is no specific time table. Agency Member Apfelbaum stated that the location is a key property to the downtown, and its appearance and O redevelopment is critical ; that a transitional shelter is also important, and staff should help in anyway to bring that to fruition; that a citizen"s committee has made the recommendation concerning the Casa del Camino, and that it is not a suitable location for transitional housing. Resolution 591, as recommended, was presented; after which, it was moved by Apfelbaum, seconded by Neel , and unanimously carried, that R591 be adopted; and that City staff assist in bringing about a transitional housing shelter in a suitable location. 2. PA6B10 - SIDEWALKS Recommendation: That the Agency approve design of decorative sidewalks at the Desert Medical Arts Building, 1100 North Palm Canyon. Agency Member Apfelbaum stated that she would abstain on this project for the same previously declared reason. Director of Economic Development reported that this matter was previously reviewed by, the Agency, and funds were appropriated, subject to approval of the design of the sidewalks by the Agency. He stated that. the plans were reviewed at the study session; that the funds paid by the Agency for the cost above standard concrete sidewalks will be recovered in the first year' s tax increment from the project. Agency Member Foster stated that this type of project is one way in which the Agency can help and encourage developers; and the cost is small compared to the long term returns. 11 � CRA Minutes 1-18-89 Page 4 2. PA6B10 (Continued) Chairman stated that improvement of the downtown is needed to attract tourists, rebuild and redecorate the downtown, which many citizens agree is the number one priority in the community. Agency Member Broich stated that it was unfortunate that ' the newspaper article made the project appear frivolous, however, the people he has spoken with understand the project and how it being paid for. Resolution 592, as recommended, was presented; after which, it was moved by Foster, seconded by Broich, and unanimously carried, Apfelbaum abstaining, that R592 be adopted. 3. PAIB14-16 - PALM COURT Recommendation: That the Agency approve an owner participation agreement with S'tanwill Properties, Inc. , for the development of the Palm Court, generally located at Chino and North Palm Canyon Drive - A200. Director of Economic Development stated that he verified with his secretary that a letter was sent to Mr. Wynn (see above public comment) advising him of the time and place of the meeting; that this has been a long term project, in that Stanwill Properties acquired the parcels several years ago, and after over one year, agreed to be the developer of the property; that a number of designs have been considered, including high-quality, Mediterranean style, 75-unit hotel , restaurants, retail , offices, and a ranch market; that the hotel eventually could be 125 ' rooms if a second floor is added; that previous projects proposed at the sight by other owners were rejected by the neighborhood, and the Council at that time indicated a strong desire for a low density project, of the highest quality; that the Council has thus far reacted favorably to the concepts presented; that the Agency's role is to help a financial situation to allow proceeding; that elements of an MOU were approved by the Agency (detailed in his report) , and the final form of the participation agreement was reviewed in detail at the last study session, and which he again highlighted; that efforts are underway for the developer to also acquire the Fairmont Hotel property. Agency Members noted that the project will be a credit to the community; and that all of the sales tax from the project will be returned to the City. Resolution 593, approving the agreement, as recommended, was presented; after which, it was moved by Apfelbaum, seconded by Foster, and unanimously carried, that R593 be adopted. ADJOURNMENT ' There being no further business, Chairman declared the meeting adjourned. �JUDITH SUMICH Assistant Secretary 1 1 .3 MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS FEBRUARY 1, 1989 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, 1989, 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 Apfelbaum, seconded by Neel , and unanimously carried, that the Minutes of December 21, 1988, and January 4 and 18, 1989 be approved. HEARING: 1. PA3B1 - INTERSECTION REDESIGN/RESOLUTION OF NECESsiTY Recommendation: That the Agency adopt Resolution of necessity and authorize request for Order of Prejudgement Possession for an easement over• a portion of the extreme NE corner of parking lot of the Sun Center Shopping Center, to allow for redesign of ,intersection at Highway 111, the Sun Center, and Camino Parocela. Director of Economic Development reported that the redesign of the intersection relates to the construction of the Motel 6 project on the east side of South Palm Canyon; and efforts have been underway over the past year to secure the necessary easements to accomplish the 'island and signal modifications; that the property owners have agreed to a smaller easement than originally sought, which is workable, and he recommended proceeding with the adoption of the Resolution of Necessity, which will not be pursued if the owner follows through with the execution of the easement. Chairman declared the hearing open; there were no appearances, and the hearing was closed. Resolution 594., as recommended, was presented; after which, it was moved by Apfelbaum, seconded by Broich, and unanimously carried, that R594 be adopted. PUBLIC COMMENTS: None LEGISLATIVE ITEMS: 2. PA1 - PLAZA THEATER PROPERTY Recommendation: That the Agency adopt resolution approving lease purchase agreement of the Plaza Theater Property. Director of Economic Development reviewed) details of his report, which was also reviewed at the last :study session, and noted that the property includes the -theater, Louise ' s Pantry, and Karen' s Corner; that based on certain assumptions detailed in his, report, $200,000 set aside per year for the 92 year lease period, will be sufficient to provide the capital to ,purchase the property at its then value (net present value $1. 25 million) ; that during CRA Minutes 1 2-1-89 Page 2 2. PA1 - PLAZA THEATER PROPERTY (Continued) the term of the lease the Agency will receive the income from the property; that the value of the property will increase based on the Consumer Price Index to about $2.2 million at the end of the lease term, at which time Louise' s Pantry and Karen's Corner will be sold to John Wessman ' for $400,000; that following discussion at the study session, Mr. Wessman agrees to a lease, rather than purchase, of easement rights over the rear access from the theater property to Indian Avenue; and that Mr. Wessman will also pay $50,000 toward the remodelling of the theater, for live theater controlled by the City. He stated that the letter of understanding, and the resolution approving it, for Mr. Wessman would be revised to reflect the easement lease. Member Apfelbaum stated that the agreement is a good one for the agency. Chairman stated that many of these types of issues are complex, and have been under study for quite some time, with extensive reviews in study sessions; and encouraged the news media, in particular, to use his office for clarification of the issues, so the public is accurately informed. Resolutions 595 and 596, as amended, were presented; after which, it was moved by Apfelbaum, seconded by Neel , and unanimously carried, that R595 and R596 be adopted. ' CRA CONSENT AGENDA: 3. Res 597 approving a Certificate of Conformance for SCE Holiday Station in PA9, located between Indian Avenue and Palm Canyon, north of Vista Chino. 4. Res 598 approving expenditure up to $5,000 to cover reimbursable items related to the Municipal Services Inc, contract for adoption of Project Area 9. It was moved by Apfelbaum, seconded by Broich, and unanimously carried, that R597 and R598 be adopted. REPORTS - Received for filing a) Combined Financial Statement - ending 12-31-88 b) PA9 Disclosure Statements - on file with the City Clerk. ADJOURNMENT There being no further business, Mayor declared the meeting adjourned. ' -iUDITH SUMICH City Clerk 1 1 MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS MARCH 1, 1989 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 1, 1989, at 7:30 p.m. ROLL CALL: Present: Councilmembers Apfelbaum, Broich, Foster, ' Neel and Mayor Bono Absent: None PUBLIC COMMENTS: None LEGISLATIVE ACTION: 1. FUNDRAISING DRIVE - PLAZA THEATER RESTORATION Recommendation: That the Agency provide funds for a private fundraising effort for the restoration of the historic, downtown Plaza Theater, by providing a seed-money of $15,000 to start the fundraising, to be repaid from fundraising proceeds, and to approve a contract with Gene House and Associates to organize and administer said fundraising effort. Director of Economic Development reported that the proposed resolution had been revised to reflect a $10,000 contract limit with Mr. House, plus $5,000 to cover incidental expenses; that; the action will allow proceeding with the first phase of renovation, and generate public support and future funding. Resolution 599, as recommended (revised) was presented; after which, it was moved by Foster, seconded by Apfelbaum, and unanimously carried, that R599 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. '—JUD]:TH SUMICH Assistant Secretary 11 E� MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS MARCH 15, 1989 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, California, was called to order by Vice-Chairman Apfelbaum, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, March 15, 1989, at 7:30 p.m. ' ROLL CALL: Present: Agency Members Apfelbaum, Broich, Foster, and Neel Absent: Chairman Bono APPROVAL OF MINUTES: It was moved by Neel , seconded by Broich, and unanimously carried, Bono absent, that the Minutes of February 1, 1989, be approved. PUBLIC COMMENTS: None LEGISLATIVE ACTION: 1. HOME CONSTRUCTION PROGRAM Recommendation: That the Agency approve an agreement with the Palm Springs Unified School District for a construction skills training program and affordable housing program; and amend the budget to appropriate funds therefore. (See Consent Item for related Council' action - refers to property covered by City Deed 1041-B). Director ' of Economic Development highlighted his report, which was reviewed in detail at the last study session. Res 600 and 601, as recommended, were presented; after which, it was moved by Foser, seconded by Broich, and unanimously carried, Bono absent, that Resolutions 600 and 601 be adopted - Agr #204. 2. PA8 - FINANCING: COLLEGE OF THE DESERT BUDGET Recommendation: That the Agency approve the budgets submitted by the College of the Desert, and by the Palm Springs Unified School District, pursuant to the cooperative agreements for the Baristo-Farrell Redevelopment Project Area. Director of Economic Development highlighted his reports, which were reviewed in detailed at the last study session, and no further report was given. Resolutions 602 and 603, as recommended, were presented; after which, it was moved by Broich, seconded by Foster, and unanimously carried, that R602 and 603 be adopted. ADJOURNMENT There being no further business, Vice-Chairman declared ' the meeting adjourned. '`_ ,/'JUDITH SUMICH Assistant Secretary l � z COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS APRIL 5, 1989 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, was called to order by Vice-Chairman Apfelbaum, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, April 5, 1989, at 7:30 p.m. ROLL CALL: Present: Councilmembers Broich, Foster, Neel and Mayor pro tem Apfelbaum Absent: Mayor Bono CRA CONSENT AGENDA: 1. Res 604 approving budget to provide funds for the Plaza Theater lease/purchase - PA1. 2. Res 605 approving pass-through agreement with the Desert Water Agency for PA9 (Citywide) - A#205. 3. Res 606 approving pass-through agreement with the Riverside County Flood Control and Water Conservation District (RCFCD) for PA 9 (Citywide) - A#206. It was moved by Foster, seconded by Broich, and unanimously carried that Resolutions 604 through 606 be adopted. ADJOURNMENT ' There being no further business, Vice-Chairman declared the meeting adjourned. JUDITH SUMICH Assistant Secretary By: PATRICIA A. SANDERS Acting Assistant Secretary 11 E3 MINUTES 'OF COMMUNITY REDEVELOPMENT AGENCY APRIL 19, I989 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, California, was called to order by Chairman Bono, in the Large Conference Room, 3200 Tahquitz-McCallum Way, on Wednesday, April 19, 1989, at 7:30, p.m. ROLL CALL: Present: Councilmembers Apfelbaum, Broich, Foster, Neel and Chairman Bono Absent: None CONSENT AGENDA 1. PA7 - INDIAN AVENUE: Recommendation: That the Council approve sole purchase and installation of a 1z inch water metier, with backflow device, from Desert Water Agency for $5,380. Resolution 607 as recommended was presented; after which, it was moved by Foster, seconded by Broich, and unanimously carried that R607 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. JUD'ITH SUP1ICF1 Assistant Secretary By: PATRICIA A. SANDERS Acting Assistant Secretary - 119 MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS APRIL 25, 1989 A Special Meeting of the Community Redevelopment Agency of the City of Palm Springs, California, was called to order by Chairman Bono, in the Large Conference Room, 3200 Tahquitz-McCallum Way, on Tuesday, April 25, 1989, at 2 p.m. ROLL CALL: Present: Agency Members Apfelbaum, Broich, Foster, Neel and Chairman Bono Absent: None REPORT POSTING OF AGENDA: The agenda and notice of special meeting was posted in accordance with policy Thursday, April 20, 1989. PUBLIC COMMENTS: None 1. PA3B11 - PALM CANYON PLAZA HOTEL Recommendation: That the Agency authorize refunding Certificates of Participation for financing the Palm Canyon hotel project. Director of Economic Development reviewed the history of the Palm Canyon Hotel Partnership 1 - 7 , stating that the Agency has been working with Steve Crowe since September 28, 1982; that on December 31, 1984 the Agency entered into an agreement with Mr. Crowe, general partner of Palm Canyon Plaza Ltd. , 1 through 7 to develop a 290 room hotel ; t that on same date, the Agency approved all necessary documents to put in place a $50 million tax exempt bond for the project, proceeds of which have been held by the United Bank of Arizona, as trustee; that on May 15, 1985, an agreement was entered into between Mr. Crowe and Py-Vavra of Milwaukee, Wisconsin, in joint venture to develop the hotel ; that the Py-Vavra firm had completed the Omni Dunfey Hotel adjacent to the Horton Plaza in San Diego, and as a result of its experience, and in reviewing the Pernell , Kerr, Forster Report, it was concluded that 345 rooms was an optimum size, and a redesign by Maxwell Starkman was instituted; that the potential underwriters of the project asked for a stronger operator and a letter of intent was received from the Sheraton Hotels, and the Arabian Construction Company agreed to provide credit for financing, and act as a general partner; that on November 4, 1987, the Agency approved refinancing documents, and on November 10, consented to the sale of the bond issue; that on October 19, 1988, the Agency approved a roll-over of the bond issue to allow additional time for the developer to provide the necessary Letter of Credit prior to May 1, 1989; and that the Letter of Credit is still not in place, but the developer has stated it is imminent. ' Barney Allison, Bond Counsel , stated that his law firm has represented this case since 1987; that most banks do not want hotels as part of their portfolio; that if the interest on the bonds becomes taxable, the IRS could "blackball " the City; that a credit enhancement is hard to obtain with a hotel ; that the remarketing of the bonds will not affect the exempt status of the bonds; that a French Bank is willing to front the credit enhancement, but so far he has not received a commitment; and that he is prepared to extend the time for the bonds 120 days for remarketing the funds. Agency Minutes 4-25-89, Page 2 1. PA3B11 - PALM CANYON HOTEL (Cont), Steve Crowe stated that the developer believes in the project, but that the market has to support it; that Palm Springs may not be able to sustain the growth; that most hotels built here have gotten into financial trouble; that the nature of the bonds requires strong banks with AAA ratings; and that the Sheraton has given its support, that the Agency has spent no money, but has received $275,000 from the original , bond issue In 1984; that the current plan is the best yet; that 40% of the parking will be underground; and that the streetscape has no parking along Palm Canyon. Discussion ensued in which the Director of Economic Development stated that if the sale is not completed after the 120 days, the escrow would be closed, and all bond holders paid off, and the developer would have to seek conventional financing; that it would take about $25,000 to cover the 'lease buy-out and salvaging for Sherman Harris ' interest in the former "Saturday's" building, and about $50,000 to cover demotition and cleanup of the site. Mr Harris stated that he and Mr. Crowe had agreed to agree. Resolution 608 was presented, approving certain documents and authorizing certain actions in connection with the $50,000,000 1987 variable rate demand refunding certificates of participation of the Palm Canyon Plaza Hotel Project after which, it was moved by Foster, seconded by Broich and unanimously carried that R608 be adopted, subject to condition that the developer shall post $70,000 in the City's T&A account to cover acquisition of the Harris leasehold, demolition and cleanup of the restaurant site, to commence within 30 days; and that the closing date be extended 120 clays. ADJOURNMENT There being no further business, Mayor declared the meeting adjourned. �_J DU ITH SUMICH Assistant Secretary By: PATRICIA A. SANDERS Acting Assistant Secretary MINUTES OF 1 COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS MAY 3, 1989 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, May 3, 1989, 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 Broich, and unanimously carried, that the Minutes of March 15, 1989 be approved. PUBLIC COMMENTS: None LEGISLATIVE ACTION: 1. PA3B1 SUN CENTER EASEMENT Recommendation: That the Agency rescind resolution of necessity (No. 594) for acquisition of an easement over the Sun Center Property (Pascal , Pitts & Rosin) to provide for the intersection at South Palm Canyon/Indian Avenue. Director of Economic Development highlighted his report, which was reviewed in detail at the last study session. Resolution 609, as recommended, was presented; after which, it was moved by Apfelbaum, seconded by Broich, and unanimously carried, that R609 be adopted. 2. SELF-HELP HOUSING PROGRAM Recommendation: That the Agency amend the budget to add $24,000 in additional subsidy to the program, in order to qualify applicants with incomes lower than originally anticipated. Director of Economic Development highlighted his report, which was reviewed in detail at the last study session. Resolution 610, as recommended, was presented; after which, it was moved by Foster, seconded by Broich, and unanimously carried, that R610 be adopted. 3. PA1B1 - MONTE VISTA HOTEL Recommendation: That the Agency approve a personal service contract with Edna and Roy Matlock for assistant management services at the Monte Vista Hotel , for one year commencing May 1, 1989, at $692. 31 bi-weekly, or a total of $18,000 per year. Resolution 611, as recommended, was presented; after which, it was moved by Apfelbaum, seconded by Foster, and unanimously carried, that R611 be adopted ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. JUDITH SUMICH /AcQicfant CArrAtary MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS MAY 17, 1989 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, California,, was called to order by Vice-Chairman Apfelbaum, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, on May 17, 1989, at 7 :30 p.m. ROLL CALL: Present: Agency Members Apfelbaum, Broich, Foster, and Neel Absent: Chairman Bono APPROVAL OF MINUTES: It was moved by Foster, seconded by Broich., and unanimously carried, that the Minutes of April 5 and May 3, 1989 be approved. PUBLIC COMMENTS: None LEGISLATIVE ACTION: 1. PA9 Recommendation: That the Agency approve a pass-through agreement with the County for Project Area 9 (Citywide) A #208. Report highighted by Director of Economic Development. Resolution 612, as recommended, was presented; after which, it was moved by Foster, seconded by Broich, and unanimously carried, Bono absent, that R612 be adopted. 2. PA6B2 - CASA DEL CAMINO Recommendation: That the Agency approve contract with Underground Unlimited for demolition for $35,211; and amend the budget to appropriate funds therefore. Report highlighted by Director of Economic Development. Resolution 613 and 614, as' recommended, were presented; after which, it was moved by Neel , seconded by Foster, and unanimously carried, Bono absent, that R613 and 614 be adopted. 3. PA1 - PLAZA THEATER Recommendation: That the Agency approve elements of agreement with Metropolitan Theaters; and authorize requests for proposals for theater management consultants. Director of Economic Development reported that the Metropolitan Theaters would like to get out of the lease, and that the Agency would ' like to not have them there in order to remodel the fae;iIity, provide a single-screen, and live entertainment; that Metropolitan has agreed to donate furniture, fixtures ! and equipment, the value of which will be determined by, appraisal ; that it would also like to operate motion pictures when the facility is available, under new terms, representing 12% income to the city/agency; that availability is yet to be determined, and additional rent will be related to that availability; and that final elements of the agreement: will be returned to the Council for approval .; ,123 CRA Minutes 5-17-89 Pgae 2 3. PA1 (Continued) Resolutions 615 and 616, as recommended., were presented; after which, it was moved by Broich, seconded by Neel , and unanimously carried, Bono absent, that R615 and 616 be adopted. REPORTS: Received & Ordered Filed - Combined Financial Statements, ending 3-31-89 ADJOURNMENT There being no further business, Vice-Chairman declared the meeting adjourned. f _f L � �' --'JUDITH SUMICH Assistant Secretary MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM ,SPRINGS JUNE 7, 1989 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Chairman Bono, in the Council Chamber, 3200 Tahquitz-McCallum Way; on Wednesday, June 7, 1989, at 7:30 p.m. ROLL CALL: Present: Members Apfelbaum, Broich, Foster, Neel and Chairman Bono Absent: None APPROVAL OF MINUTES: It as mvoed by Apfelbaum, seconded by Broich, and unanimously carried, that the Minutes of April 19 and 25, 1989 be approved. PUBLIC COMMENTS: None HEARINGS: 1. 1989-90 CRA BUDGET Executive Director reported that the Agency' s budget would also be reviewed as part of the City Council budget review study session. Mayor declared the hearing opened; there were no appearances, and the hearing was closed. No action required LEGISLATIVE ACTION: CONSENT AGENDA: 2. Res 617 and 618, providing for first quarterly repayment of loan from the General Fund to purchase the Casa del Camino property, PA6, 1445 North Palm Canyon, $45,000. 3. Res 619 approving pass-through agreement with the P.S. Cemetery District, relative to Project Area 9 (Citywide) - A#209. 4. Res 620 finding it necessary to deposit less than the amount required by Statute to be deposited into the housing fund for the CBD, and outlining plan for future elimination of the resultant deficit - PA1. It was moved by Foster, seconded by Apfelbaum, and unanimously carried, that R617 through 62CI be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. "JUDITH SUMICH Assistant Secretary E'4 MINUTES OF . COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS JUNE 21, 1989 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 21, 1989, at 7:30 p.m. ROLL CALL: Present: Agency Members Apfelbaum, Broich, Neel and Chairman Bono Absent: Member Foster APPROVAL OF MINUTES: It was moved by Apfelbaum, seconded by Broich, and unanimously carried, that the Minutes of June 7, 1989, be approved. PUBLIC COMMENTS: a) Library: Jeremy Crocker stated that the budget woes of the library were the result of a "financial starvation diet;" that two legal factors preserve the library, per se - a Superior Court decision, and the deed restrictions concerning reversionary rights; that if eminent domain is used, the library user will benefit in the short term if as little as possible is paid to the heirs, but questioned what affect that would have on future donations to the City; and that the ' Council must not rubber stamp the recommendation proposed. Deyna Hodges, President of the Save the Welwood Murray Memorial Library Committee, gave a brief history of the acquisition of the library and the deed restriction, and stated that the library has been in use as a library since it was acquired, and questioned why clear title was not an issue at the time of donation, nor during the intervening time; she contended that the significant issue relates to money; that if the library reverts to the heirs, the City will lose a valuable piece of property; that the Desert Museum and the proposal for the Plaza Theater are cultural attractions downtown, and the library is also a part of the City' s culture; that in her opinion the city staff has not been dependable, nor trustworthy, and if the Council ' s motive is to keep the library open, the recommendation should be rejected; that three members of the Council have not publicly voted on the library issue, and should do so this date; and she urged that the title remain as it was given. Dr. Don Scott stated that he understood the issue ' to relate to lack of revenue generated by the library, and offered solutions, e.g. , an international magazine and newspaper stand. Virginia "Jan" Carter stated that the last election indicated to her that the voters wanted a change, and that the library was needed; that the court has made a decision, and the issue should rest; and voters are watching what happens. r, CRA Minutes 12 6-21-89 Page 2 HEARINGS: 1. PA1 - WELWOOD MURRAY LIBRARY Recommendation: That the Agency declare the public necessity for the acquisition of the reversionary interests currently encumbering the title of the Welwood Murray Memorial Library, in order, that such interests may vest in the Library Board. Director of Economic Development stated that the staff believes the heirs left the ladn to the City to develop a library, and if that was not done, the land would revert to the heirs; that the library did happen, and has remained in place ever since then; that the community has changed, in that the Welwood Library was built when the community was very small , and since then, the Library Center has been constructed which is the community' s library; that there were branches, and some of them were closed; that the Library Board was concerned that if the Welwood branch should close, the heirs might not want to maintain it or provide the revenue to operate it as a library, and the Board feels responsible for the asset and believes it would be in the City' s best interest to have those interests vest in the Board; that he did not know if the library could be closed, but staff and the Board want to be prepared for the future; that there are three heirs to the Murray site and 22 (or possibly more) to the White site, and he believes that all of the heirs which have a vested interest in the reversionary rights have been reached; that he explained proposal to three of the heirs, and offered his FAX number for response, but did not hear from them; that a very small amount has been offered for the reversionary rights, and if it is not accepted, and the Agency proceeds, the Court would set the value and distribution; that the heirs could, as an alternative, quitclaim their interests,' but since they are scattered throughout the country, it would be difficult to convene them and discuss it. Executive Director reported that the issue is not a question of closing the library; that any such proposal would be subject to public hearing, but is a question of who will have full ownership rights,; and if it were not for the Library Board' s recommendation, staff would not be coming to the Agency; that the , citizen committee is watchful of the community' s interest, and the Agency and Council ' s role is one of stewardship, and this is an opportunity to place the property in: a position tp maximize that stewardship for the people of the community. City Attorney stated that the public hearing is limited to those peole who have an interest in the property. Mayor inquired if anyone having an interest in the property wished to be heard. Lyn Crandall , attorney, stated that he represented Alfred Jones, Wallace Jones, and Murray Jones, heirs of Welwood Murray, and has been contacted by eight of the Cornelia White heirs, to appear on their behalf; that they are opposed to what the City, is proposing, in particular, CRA Minutes _--------- 6-21-89 Page 3 1. PA1 (Continued) the Murray heirs; that thEy want the library use to continue, and object to the procedures underway. He stated that the events over the past 2-3 years have historic significance, and he verbally sketched the sequence of events from 1986 to June, 1988 when the Court announced its oral decision in favor of the Committee, followed by a restraining order before the decision was submitted in writing; that the heirs would say the proposed action is illegal ; that besides "secret agendas," there are serious questions about acquiring the property; that if the Library Board wants to pro'Lect the use of the site as a library, there is no purpose served in obtaining the reversionary rights; that the heirs are direct descendants, and it should not be said that they do not have the interest of the community at heart; that he believes the heirs would grant the reversionary rights, if they could be assured that the memorial could be continued; and that he urged the Agency to reject the proposed resolution. In answer to question by Deyna Hodges, Tom Stoever, legal cousel to the Agency, stated that the Eminent Domain Laws limit the hearing on the resolution of necessity to people who have an interest in the real property; and that the Agency gave members of the public an opportunity to comment prior to the hearing. In answer to request by Director of Economic Development, Lyn Crandall stated that he represents Wallace Jones, ' Murray Jones and Alfred Jones, and that of the eight White heirs, he does not know the name of two, and the remaining six are: Cynthia White Foster, David White, Stephen White, Cornelia Farley White, Benjamin White and Marilyn Sowles. There were no further appearances, and the hearing was closed. Director of Economic Development reported that the resolution must be adopted by a 4/5 vote of the Agency; and that he previously had discussion with the Murray heirs about an elaborate memorial in exchange for the reversionary rights, and although two were in favor of the concept, one was not. Chairman stated that emotions are involved in many issues, and the Agency (Council ) must make the decisions which are for the overall good of the community; that he has no "secret agendas", and the property is wanted for the community; that the budget deficit and this issue are connected problems, and there are no personal gains; that if the property goes back to the heirs, it can be used for anything, and does not mean that a library will remain there; that it is not known whether the community can ' afford to keep a library there; that there can be a memorial ; that culture and many other aspects are important to consider, and the decision must be what is good for the community; that Palm Springs is not a little town, and there is no money for it to be that way; that some things will connect to other things, and what is not paid for today, will be paid for tomorrow; that he understands the "cause" and the points of view expressed, and what they are trying to preserve; and that not everyone can be pleased all of time. 1 CRA Minutes ° 6-21-89 Page 4 1. PA1 (Continued) Agency Member Broich stated, that the goal is to have the site remain a library, and serve as a joint venture as a visitor information center, which might help offset cost of the facility; that it appears the heirs do not want to give up without litigation, and perhaps the city should let them have it, and sell it. It was moved by Apfelbaum, seconded by Neel , and carried by the following vote, that this matter be tabled: AYES: Apfelbaum, Neel & Bono NO: Broich ABSENT: Foster LEGISLATIVE ITEMS: 2. PA8 - PS MALL/BUFFUMS AGREEMENT Recommendation: That the Agency approve elements of an agreement to provide financial assistance to Benequity Properties, owners of the Palm Springs Mall , to secure a lease with Buffums Department Stores for the vacant Walker Scott store; and amend the budget to appropriate $150,000 to cover first payment. Redevelopment Coordinator stated that this matter was reviewed in detail at previous study sessions; that demolition work has already commenced, and the effort is to be open by the 1989 Christmas season; that the amount to be reimbursed has a dollar cap, and the assistance package provides for thee, creation of additional sales taxes. He thanked Benequity and John Hunt, President of Buffums for their honesty and forthrightness in bringing the package to a conclusion. Resolutions 621 and 622 were presented; after which, it was moved by Broich, seconded by Neel , and unanimously carried, Foster absent, that R621 and 622 be adopted. 3. PA2B13 - LIVRERI Recommendation: That the Agency approve financial assistance to Al Livreri , dba The Blue Dolphin, to fund a portion of the cost to install an awning on the front of the restaurant at 250 S. Indian Avenue; and amend the budget to appropriate $5,000 therefore. Director of Economic Development reported that this matter was reviewed in detail at the last study session, and the conditions of approval have been modified to reflect a requirement for property clean up of the area on the north side of the restaurant. Resolutions 623 and 624 , as recommended, was presented; after which, it was moved by Neel , seconded by Broich, and unanimously carried, Foster absent, that R623 and 624 be adopted. CRA Minutes 6-21-89 Page 5 4. PRE-DEVELOPMENT AGREEMENT - GALLERIA PARTNERS Recommendation: That the Agency approve a pre-development agreement with Galleria Partners, relative to the location of a regional mall in the City - A This item was reviewed in study session, and no further report was given. It was moved by Broich, seconded by Neel , and unanimously carried, that this matter be continued to July 5, 1989. 5. 1989-90 BUDGET Recommendation: That the Agency approve continuing appropriations from 1988-89 into 1989-90; and adopt budget for 1989-90. This item was reviewed in study session, and no further report was given. Resolutions 625 and 626, as recommended, were presented; after which, it was moved by Apfelbaum, seconded by Neel , and unanimously carried, Foster absent, that R625 and 626 be adopted. CONSENT AGENDA: 6. Res 627 approving personal services contract with Ray & Edna Matlock to manage the Monte Vista Hotel for period ending May 30, 1990 - A#210. 7. Res 628 and 629 approving leases with Virginia Dixon dba Classic Doll Shop, and James Cas'tre dba A Place of Interest,for stores ' at 402 and 406 North Palm Canyon, respectively, (Monte Vista Hotel site) - A#211 and A#212. It was moved by Apfelbaum, seconded by Neel , and unanimously carried, Foster absent, that R628 and 629 be adopted. ADDED STARTER: (Eligibility for consideration determined upon unanimous approval at the study session) 8. ANDREAS PLAZA PROJECT Director of Economic Development reported that in order to provide a ramp to an underground garage proposed as part of project being contemplated on Indian and Andreas, it would cost $1.5 million for signal relocation and relocation of an SCE substation; that $25,000 has been spent on the planning of the Andreas Plaza project, which was awarded for construction, and the surrounding tenants are 100% in favor of proceeding; and recommended no action, and that the project proceed. Agency Member Apfelbaum stated that no action is the best action, and that it would be impossible to install a ramp at a cost of $1.5 million. ' It was moved by Apfelbaum, seconded by Bono, and unanimously carried, Foster absent, that the construction of the Andreas Road Plaza proceed. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. JUDITH SUMICH Assistant Secretary MINUTES OF COMMUNITY REDEVELOPMENI AGENCY C'I"rY OF PALM SPRINGS JULY 5, 1989 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 5, 1989, at 7:30 p.m. POLL CALL: Present: Agency Members Apfelbaum, Broich, Foster, Neel and Chairman Bono Absent: None PUBLIC HEARINGS: None PUBLIC COMMENTS: a) Jeremy Crocker, commented on the proposal to acquire land in Item 1, stating his opinion that: it was for a fire station, and questioned why that was necessary since the Agency had already purchase land for a fire station; and noted incorrect address and parcel number in the written material . b) Deyna Hodges urged that the Agency not adopt the proposed Resolution of Necessity concerning the Welwood Murray Library. c) Betty Beadling, 775 Plaza Amigo, spoke representing the Library Board of Trustees, and stated that prior to her retirement she was a local teacher, and often used the Welwood branch; that after Proposition 13, and when she was on the City Council , there were serious cutbacks including the closing of the Melba Bennett and Francis Crocker branch libraries; that the reversionary clause, one staff person and many volunteers were the factors that kept the Welwood branch open; that the Board of Trustees interest is in providing the best library services for the city; that every budget crunch places more pressure on the Library Board to do something about the Welwood branch; that she has fought for ten years to keep it open; that on June 28, 1989, 25 items were circulated from 9 a.m. to 5 p.m. , but on the same day at the Library Center, nearly 1,750 items were circulated, inspite of new displays, best' seller sections, and other features, the use of the branch has not increased; that if the branch must be closed, the Trustees want to hold the reversionary rights, so that any proceeds will be for library purposes, as it was intended; and that there is a need for additional space at the Library Center, and 'if ' 'that is accomplished, and if the Welwood branch was closed and sold and funds used for that purpose, such : an addition should be named in memory of Welwood Murray. d) Tom Shirlee, 64 Linda Vista, stated that people signed the initiative petition !to keep the branch open; that it is not a large place, but is a cultural entity in the community; that ! people want to keep it open, and the Council only needs to fund 'it; and that the Agency has spent funds, for sidewalks and canopies, and it should pay to help the library. CRA Minutes 1 7-5-89 Page 2 e) Steven Remball , P.S. Realty, stated that he owns a business on Andreas Rog,': and he was told that he would not be eligible for consideratiorA of financial assistance during the construction project; that his access will be via a back door, past trash cans, and he is concerned people will think he is closed; and ' requested that he be included in the assistance program. f) Georgia Morrow (?) stated that she is also owns a jewelery manufacturing business on Andreas, and has only recently started her business; that she considers it an insult to ask customers to walk by the trash area, and that the landlord did not inform her that she would be shutdown, without an adjustment in rent; that she is concerned she will lose the momentum of her business start-up; and asked to be included in the assistance. LEGISLATIVE ACTION: 1. GALLERIA PARTNERS On June 21, 1989, the Agency continued consideration of pre-development agreement. Item pulled from agenda until future time. 2. PA1B3 - LAND ACQUISITION Recommendation: That the Agency adopt actions to accept a loan from the City's Parking Fund, to authorize ' acquisition of property at 261-265 North Indian Avenue, and the amend the budget to appropriate necessary funds. Director of Economic Development stated that the site is located between the Municipal Park Lot and Fire Station No. 1; that the Agency has the opportunity to purchase the site at fair market value; that it is not intended to be used for additional fire station site; that the Agency purchased a site in Section 14 for relocation of Fire Station No. 1, and when that happens, the site on Indian, along with the subject site, will be reconfigured for development. Resolutions 630, 631 and 632, as recommended, were presented; after which, it was moved by Foster, seconded by Apfelbaum, and unanimously carried, that R630 through 632 be adopted. 3. PA1B7 - WELWOOD MURRARY LIBRARY On June 21, 1989, the Council continued consideration of Resolution of Necessity to acquire reversionary interests of the Welwood Murray Library by eminent domain. Director of Economic Development stated that many staff reports have been given on this subject; that the Agency has heard from the Board of Trustees, and others; and that he mailed a letter to the heirs that the subject had been continued, however, he has not received any further contact from them. CRA Minutes 7-5-89 Page 3 3. WELWOOD LIBRARY (Continued) Member Foster stated that he listened to the tape recording of the last meeting, and has reviewed the written materials. Resolution 633, as recommended, was presented; after which, it was moved by Apfelbaum, seconded by Neel , and carried by the following vote, that R633 be adopted: AYES: Apfelbaum, Foster, Neel & Bono NO: Broich ABSENT: None 4. PA1B3: Recommendation: That the Agency amend the budget to provide temporary assistance to merchants during the Andreas Road Plaza construction; and approve a financial assistance program. Director of Economic Development stated that the project has been the subject of discussion for quite some time; that the street was posted; that there are two properties on the north side of the street which only have access through their front door, and they will be closed and unable to enter their premises at all until about August 4; that he has talked with the State Housing & Community Development Department as to whether there is any kind of obligation in these kind of public works projects, and the response was that the Agency is not required by law to provide any financial assistance for public works projects, and care should be taken to do so, due to the precedent which may be established for other projects; and that he believes some relief is appropriate for the two businesses. He read proposed resolution (modified from that which was contained in the agenda packet) , including finding that special circumstances exist for the merchanbts at 110 and 120 E. Andreas, and noting that State guidelines do not require relocation assistance of any type as a result of the installation of pubklic improvements. In answer to questions by ,the Agency, 'the Director of Economic Development reported that there has not been anything secret about the project; that it has been talked about for two years; that they all agree that the project will benefit the properties and their businesses; that other than the two properties, patrons will be able to come through the temporary parking, 'through a gate, and then to the front door, and it need not be a bad situation; and that the people who spoke and ask for, assistance, are located on the south side of the street. Resolutions 634, amending the budget„ and 635 approving assistance program as read by the Director, were presented; after which, it was moved by Broich, seconded by Foster, and unanimously carried, that R634 and E535 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. �--�JUDITH SUMICH Assistant Secretary MINUTES OF -- 13. i COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS JULY 19, 1989 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, July 19, 1989, at 7:30 p.m. ' ROLL. CALL: Present: Agency Members Apfelbaum, Broich, Foster, Neel and Chairman Bono Absent: None HEARINGS: 1. PA3 -• LAND ACQUISITION: Recommendation: Consideration of Resolution of Necessity to acquire property at 188, 190 and 210 W. Sunny Dunes Road. Redevelopment Director reviewed staff report given in detail at the last study session, and added that the property owner had been notified of the hearing; that the property is necessary for public interest of a proposed project; that the buildings on the property are substandard; that the shape of the property will make it difficult to redevelop; and that the hearing is limited to property owners, or interested parties. Mayor declared the hearing opened. Tim McKinney, General Contractor, 14751 Steinig, Gardena, t stated remodelling of the building on the property is being considered; that he has been discouraged by staff; that there is no project planned that warranted taking of the property; that the taking of the property is a corrupt use of eminent domain; that he has not been told what the property will be used for, but it will probably be turned into a parking lot; that he has not been offered anything for the property by the City; that he thought it possible that someone was receiving a kickback in order to obtain the property; that he did receive a letter from the Redevelopment Director offering $51,000 for the property, but that it is not a fair market value; that his family lineage could be traced through the property ownership; that he has sentimental value attached to the land; that he should be given the chance to develop the property; and that the action is an improper use of eminent domain. Redevelopment Director stated that Mr. McKinney had not made a counter offer; that normal procedure is that an appraisal is completed by the property owner, the Redevelopment Agency and an impartial party; and that a median reached, that 'the property remaining after setbacks and easements, is 'forty feet; which is not enough room to develop any type of project; and that the public interest in the property does meet the requirement for eminent ' domain. Councilmember Broich stated that at least a year should be given to Mr. McKinney, to allow time to put a project together. Councilmember Foster stated that except the forty feet there is no developmental portion of the property. nN _ CRA Minutes 7-19-89, Page 2 1. PA3 - LAND ACQUISITION (Cont) Mayor declared the hearing closed. Resolution 636, as recommended was presented; after which, it was moved by Foster, seconded by Apfelbaur, and carried by the following vote, that R636 be adopted. AYES: Apfelbaum, Foster, Neel and Chairman Bono NOES: Brooch ABSENT: None PUBLIC COMMENTS: a) Steve Rembal,1 ,1240 Delmar' Way, stated that his business has come to a standstill since Andreas Road was closed; that offices across the street were being supplemented financially by the City, but that he was not; that he was told by the Redevelopment Agency that customers could enter through his back door; that he is requesting the city provide $2,000 to help defray his expenses while Andreas is closed; and that it is not practical for a customer to walk through an alley and enter through a backdoor in ',order to gain entry into a business. b) Leah Kontas, no address given, stated that her landlord Zachary Pitts, was not ,informed that the City would be closing Andreas; and ' that her business is filling with dust and dirt from the work being (lone. c) Deyna Hodges, 3122 Baristo, stated that during a past hearing concerning Welwood Murray Library, only parties involved were allowed to speak; that legal counsel , Mr. Stover, representing the City, had cited statute 1245.235; which she said did not read that the public could not speak during a hearing concerning a resolution of necessity; and that, Council should allow anyone to speak during hearings. d) Don Frank, 350 N. Cahuilla Road, staged that the downtown should remain a village-type atmosphere; that Hwy 111 is a major highway, and should not be running through the center of town;, that business owners are encouraged by the Andreas Road Walkway; that a total approach should be attained, to redevelop the entire city; that the Council is sending staff on wild goose chases, and that the citizens are picking up the tab; that an overpass should be considered on Avenida Caballeros in front of the Convention Center; and that Council is assuming that the windmills in North Palm Springs are not wanted, and should give consideration of the citizens wants, riot the Councils private opinions. 2. PA3 - MOTEL 6: Recommendation that the Agency approve amending A175 with Motel 6 to provide a reimbursement up to $20,000 for project costs related to the reconfiguration of the intersection of South Palm Canyon and Camino Parocela. CRA Minutes 7-19-89, Page 3 2. PA3 - Motel 6 (Cont) Redevelopment Director highlighted his staff report and no further report was given. Resolution 637 as recommended was presented; after which, it was moved by Apfelbaum, seconded by Foster, and unanimously carried, that R637 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. JUDITH SUMICH Assistant Secretary By: PATRICIA SANDERS Acting Assistant Secretary 1 136 MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS AUGUST 2, 1989 The Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs was called to order and adjourned by the Assistant Secretary in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, August 2, 1989, at 7:30 p.m. , to Wednesday, August 9, 1989, at said time and place. �.�-'JUDITH SUMICH City Clerk a MINUTES OF t' 137 COMMUNITY REDEVELOPMENT AGENCY --_- CITY OF PALM SPRINGS AUGUST 9, 1989 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, August 9, 1989, at 7:30 p.m. ROLL CALL: Present: Agency Members Broich, Foster, Neel and Chairman Bono Absent: Member Apfelbaum PUBLIC COMMENTS: None LEGISLATIVE ACTION: 1. PA7B16 - DESERT BLIND Recommendation: That the Agency approve letter of intent with Westshore Financial Corporation regarding the development of a new headquarters facility for the Desert Blind A216. Redevelopment Coordinator reviewed memorandum of Director of Economic Development and stated that there are four parcels remaining to complete the project; that the developer controls six parcels, and will pay all costs associated with the acquisition - which are expected to be accomplished through negotiation. Resolution 638, as recommended, was presented; after which, it was moved by Broich, seconded by Foster, and unanimously ' carried, Apfelbaum absent, that R638 be adopted. 2. PA1 - MONTE VISTA HOTEL MANAGERS Recommendation: That the Agency approve amendment to agreement with Edna & Ray Matlock, as managers of the Monte Vista Hotel , to provide vehicle mileage reimbursement - A210. Redevelopment Coordinator highlighted report, which was reviewed in detail at the last study session; after which, it was moved by Neel , seconded by Foster, and unanimously carried, Apfelbaum absent, that R639 approving amendment as recommended, be adopted. 3. PA1 - MONTE VISTA HOTEL ASSISTANT MANAGERS Recommendation: That the Agency approve agreement with Dwight & Doris Nicewcnger, as assistant managers of the Monte Vista Hotel , for one year commencing August 1, 1989 A211. Redevelopment Coordinator highlighted report, which was reviewed in detail at the last study session; after which, it was moved by Neel , seconded by Foster, and unanimously carried, Apfelbaum absent, that RE40 approving amendment as recommended, be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. l _ JUDITH SUMICH 'Assistant Secretary r; 13,,9 MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS AUGUST 16, 1989 The Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs was called to order and adjourned by the Assistant Secretary in the Council Chamber, 3200 T'ahquitz-McCallum Way, on Wednesday, August 16, 1989, at 7:30 p.m. , to Tuesday, August 29, 1989, in the Large Conference Room, City Hall , at 2 p.m. JUDITH�UMFCH Assistant Secretary 1 MINUTES OF t39 CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY AUGUST 29, 1989 An Adjourned Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, California, was called to order by Chairman Bono, in the Large Conference Room, 3200 Tahquitz-McCallum Way, on Tuesday, August 29, 1989, at 2 p.m. ROLL CALL: Present: Agency members Apfelbaum, Broich, Foster, Neel and Chairman Bono Absent: None PUBLIC COMMENTS: None LEGISLATIVE ACTION: 1. PA3 - PALM CANYON PLAZA HOTEL: Recommendation: That the Agency approve an additional four months to complete financing of the Palm Canyon Plaza Hotel project - new expiration 12-1-89. Director of Economic Development stated that April 25, 1989, the Redevelopment Agency approved Resolution 608 authorizing certain actions in connection with the $50 million 1987 variable rate demand refunding certificates of participation; that the Agency did so contingent on the developer providing a Letter of Credit backing up the bond issue financing for the project, and providing assurance that the property be cleared and maintained; that on August 24, 1989 the Letter of Credit was provided, ' and the developer earlier had deposited $70,000 into the City's Trust and Agency Account to provide for the clearance of the property; that additional months are necessary to complete the financial documents, and that the Letter of Credit is in place; that the development will be a success; and that there are some revisions to the resolution presented to Agency, which he detailed. Resolution 641, with revision, was presented; after which, it was moved by Apfelbaum, seconded by Broich, and unanimously carried, that R641 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. JUDITH SUMICH Assistant Secretary By: PATRICIA SANDERS Acting Assistant Secretary MINUTES OF 14 COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS SEPTEMBER 6,, 1989 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 6, 1989, 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 Foster, seconded by Broich, and unanimously carried, that the Minutes of August 2, 9, and 16, 1989 be approved. PUBLIC COMMENTS: None LEGISLATIVE ACTION: The following items were reviewed in detail at the last study session, and no further report was given. 1. PA3B5 - LETTER OF INTENT FRANKEL Res 642 approving a letter of intent with Jerry and Christopher Fankel regarding development: of property at 689 South Palm Canyon Or - A217. It was moved by Broich, seconded by Foster, and unanimously carried, that R642 be adopted. 2. PROPERTY UPGRADE ASSISTANCE PROGRAM Res 643 approving changes to the property upgrade assistance program, increasing maximum matching per store front from $1,000 to $2,000, and establishing a maximum per building, or complex, with store fronts at $10,000. It was moved by Apfelbaum, seconded by Neel , and unanimously carried, that R643 be adopted. 3. NEIGHBORHOOD PAINTBRUSH PROGRAM Res 644 approving expansion for Neighborhood Paintbrush Program, to allow for assistance to low income homeowners in all low and moderate income neighborhoods in the City. It was moved by Broich, seconded by Neel , and unanimously carried, that R644 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. D JUDITH SUMICH ,. Assistant Secretary (CORRECTION) 4. Res 645 amending the 1989-90 budget to appropriate $10,000 to fund excess costs on Belardo Bridge design (City Agr with NBS Lowry - see Council M04433, 9-6-89) MINUTES OF ?- COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS SEPTEMBER 20, 1989 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 20, 1989, 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 Broich, and unanimously carried, that the Minutes of July 19 and August 29, 1989, be approved. PUBLIC COMMENTS: None LEGISLATIVE ACTION: 1. PA2B6 - REPAYMENT OF LOAN FROM CONVENTION CENTER FUND Recommendation: That the Agency approve the repayment of $297,500 in loans to the City' s Convention Center Fund; and amend the budget to appropriate funds therefore. Res 646 and 647, as recommended, were presented; after which, it was moved by Apfelbaum, seconded by Foster, and unanimously carried, that R646 and 647 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. — JUDITH SUMICH Assistant Secretary MINUTES OF COMMUNITY REDEVELOPMENT AGENCY 14 2 CITY OF PALM SPRINGS OCTOBER 4, 1989 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, was called to order by Vice Chairman Apfelbaum, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, October 4, 1989, at 7:30 p.m. ROLL CALL: Present: Agency Members Apfelbaum, Broich, Foster, and Neel Absent: Chairman Bono APPROVAL OF MINUTES It was moved by Neel , seconded by Foster, and unanimously carried, Bono absent, that the Minutes of September 6, 1989 be approved. PUBLIC COMMENTS None LEGISLATIVE ACTION 1, PA1B2 - 443-447 N. PALM CANYON Recommendation: That the Agency approve a letter of intent with 443 Palm Canyon Associates, regarding the development of a restaurant at 443-447 North Palm Canyon, A Economic Development Director reported that the agreement will allow the restaurant to open; provide 22 parking credits in the Morrison Parking Lot at no rent for the first three years, followed by a charge of $100 per space, with cost of living increase adjustments; and a return of tax increment from the project, up to a maximum of $5,000, to reduce the restaurant's rent. He stated that no actual spaces would be reserved in the parking lot, as would be provided if the full rent were to be paid; that if the restaurant fails, the continuance of the provisions of the agreement would depend on the Agency's satisfaction with a restaurant on that site; and that if the agreement language is not clear, the intent is to provide for the Lou Callen Restaurant on 'that site. Agency Member Foster stated that he did not support the fifteen year term, without a provision to require that when the restaurant is successful , it pay its full share of the cost of the parking; that he agrees with the concept to provide the assistance, but there should be a point when reimbursement should be considered; and that the action will set precedent for other "nice" restaurants. Director of Economic Development stated that the restaurant will be operating on a slim margin; that; the property was purchased at a high price, and a great deal of remodelling is involved - estimated at $150,000; that the tax bill will increase from $50,000 to $450,000; and this is the type of project which the Agency has been trying to encourage. Executive Director reported that one approach may be to limit the agreement to this particular ownership, and management of the restaurant; and that the fifteen year term is a policy issue, and he considered it a reasonable period, considering the amount of the investment. Director of Economic Development reported that he could discuss with the participant the possibility of limiting the credit to five years, at which time, the credit would be subject to review. It was moved by Broich, seconded by Foster, and unanimously carried, Bono absent, that this matter be continued to October 10, 1989. CRA Minutes 10-4-89 Page 2 2. PA1B6 - DESERT FASHION PLAZA Recommendation: That the Agency approve a Certificate of Compliance to extinguish a 3-year guarantee, dated November 8, 1983, in accordance with the Participation Agreement. Director of Economic Development highlighted his report, which was reviewed in the last study session. Resolution 648, as recommended, was presented; after which, it was moved by Broich, seconded by Neel , and unanimously carried, Bono absent, that R648 be adopted. 3. SELF-HELP HOUSING - CV HOUSING COALITION Recommendation: That the Agency extend term of A171 with the Coalition, concerning the self-help housing program, to expire October 4, 1991. Resolution 649, as recommended, was presented; after which, it was moved by Broich, seconded by Foster, and unanimously carried, Bono absent, that R649 be adopted. ADJOURNMENT There being no further business, Vice Chairman declared the meeting adjourned. C__"JUDITH SUMICH ' Assistant Secretary 144 MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS OCTOBER 10, 1989 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, October 10, 1989, at 2 p.m. ROLL CALL: Present: Agency Members Apfelbaum, Broich, Foster, Neel and Chairman Bono Absent: None PUBLIC COMMENTS: None LEGISLATIVE ACTION: 1. PA1B2 - 443 PALM CANYON ASSOCIATES Recommendation: That the Agency approve a letter of intent regarding development a restaurant at 443-447 North Palm Canyon. Item continued from October 4, 1989. Redevelopment Specialist reported that from a practical standpoint, there is no parking problem at: the subject location; that the Agency has identified a need for restaurants in this area; that the proposed parking credit would not restrict the use of the parking lot; that the cost of remodeling is almost $200,000; and that landscaping work will also be done in the back area, as well as the parking lot. Agency Member Foster stated that he has no objection to the first free three years, by which time the restaurant should be successful , and the owner should pay his fair share; that others will want the same considerations; and that there will be demands on redevelopment funds in the future, and fifteen years is too long to give the assistance. Redevelopment Specialist stated that parking is a benefit of the property owner, and the return of the tax increment is a benefit to the business, via reduced rent. Executive Director stated that the concerns are appropriate; that the Agency is trying to attract desirable tenants, in particular, to that end of the downtown, and once that happens, the market will hold its own; that the redevelopment process is one in which the Agency assists businesses which it feels fit into the community' s needs, with the understanding that continued assistance, or future cases for considerations are evaluated on their own merits; that the subject proposal is a quality development that will not happen without such assistance, and it does not , mean establishing a precedent for others who would otherwise walk-in in the future. Redevelopment Specialist reported that the parking rent is $750 per space, per year; that the restaurant should break even after three years; and that the first lease is for six years. 145 CRA Minutes 10-10-89 Page 2 1. PA1B2 (Continued) Agency Member Neel stated that the incentive may set a precedent, however, he supported the proposal if it will result in getting this type of business, and the improvements to be made; and that he favored a review after perhaps the first three years. Agency Member Apfelbaum stated that the Agency needs to give the business time to be successful ; that fifteen years may be too long, but three years would be to soon; that the market place determines what happens; and that this is the type of business which should be fostered, and is needed downtown. Chairman stated the the business is a very high risk, even with a quality product; that if it does well , it will be doing 15% over gross, with seasonal ups and downs; that after three years, they may be in a position of not being crunched for money, but it will not be a position of substantial profit; that Lou Calen has a quality product, but felt it did not have enough visibility where it was located, yet it wanted to remain in Palm Springs; and if the Agency wants this type of facility in the City, it will have to float incentives to keep it. Resolution 650, as recommended, was presented; after which, it was moved by Neel , seconded by Broich, and carried by the following vote, that R650 be adopted, subject to revising ' the agreement to stipulate that the parking credits shall be subject to reconsideration after five years: AYES: Apfelbaum, Broich, Neel & Bono NO: Foster ABSENT: None ADJOURNMENT There being no further business, Mayor declared the meeting adjourned. JUDITH SUMICH Assistance Secretary MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS OCTOBER 18,' 1989 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 18, 1989, 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 Foster, seconded by Neel and and unanimously carried, that the Minutes of September 20 & October 4, 1989 be approved. PUBLIC COMMENTS - None LEGISLATIVE ACTION 1. PAl - PLAZA THEATER Recommendation: That the Agency approve a contract with Wessman to start renovation process; and approval of fund-raising process. Assistant Director of Economic Development reviewed the staff report given in detail at the study session and added that staff will be on site three days a week to monitor the project; that all subcontract work will be awarded through competitive bidding; that Mr. Wessman has signed the agreement; and that as the remodeling progress, items that may have been approved may not be needed. Councilmember Foster stated that there have been changes in the scope of the contract since its inception; and those need to be spelled out in writing. Resolution 651 approving A219, Resolution 652 accepting loan from General Fund,. and Resolution 653 amending the budget to account for the loan, were presented; after which, it was moved by Foster, seconded by , Neel , and unanimously carried, that R651, 652 and 653 be adopted. - - - -fir, . CRA Minutes 10-18-89, Page 2 CONSENT AGENDA: 2. Res 654 approving a one-year lease with Robert Hockenberry, dba Hockenberry Gallery, for premises at 437 North Palm Canyon Drive, commencing October 1, 1989 - Agr #220. 3. Res 655 approving a one-year lease with Boris Frid, for an art and antique gallery, of premises at 428 North Palm Canyon, commencing October 1, 1989 - Agr #221. It was moved by Apfelbaum, seconded by Foster, and unanimously carried that Resolutions 651 through 655 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. JUDITH SUMICH, City GPerk \\ —By: PATRICIA SANDERS Assistant City Clerk _ MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS November 1, 1989 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 1, 1989, 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 Foster, seconded by Broich, and unanimously carried, that the Minutes of October 10, 1989, be approved. PUBLIC COMMENTS: None LEGISLATIVE ACTION: 1. PA1B7 - PLAZA THEATER: Recommendation: That the Agency approve an agreement with Metropolitan Theaters Corp (M1C) to operate single-screen theater at mutually acceptable dates and times; to donate all furniture, fixtures and equipment, except in one projection booth, to the Agency; to donate $50,000 cash, plus a second donation of $25,000 payable at $5,000 over a five-year period, Agr #222; Director of Economic Development highlighted his report, which was reviewed in detail at the last study session. Resolution 656, as recommended, was presented; after which, it was moved by Broich, seconded by Foster, and unanimously carried, that R656 be adopted. 2. PA4 FINANCING: Recommendation: That the Agency accept loan of $269,450 from the Sewer Fund for various project and interest expenses for the Project Area. Director of Economic Development highlighted his report, which was reviewed in detail at the last study session. Resolution 657, as recommended, was presented; after which, it was moved by Apfelbaum, seconded by Neel , and unanimously carried, Foster abstaining, that R657 be adopted. 3. PA9 PSUSD: Recommendation: That the Agency approve cooperative agreement with the PSUSD to place 40% of the tax increment attributable to the District's share of the base tax dollar in a special capital improvement fund, for payments to be dispursed to the District, Agr #223. Director of Economic Development highlighted his report, which was reviewed in detail at the last study session. Agency Minutes 11-1-89, Page 2 3. PA9 PSUSD (Cont) Resolution 658, as recommended, was presented; after which, it was moved by Apfelbaum, seconded by Broich, and unanimously carried, that R658 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. JUDITH SUMICH Ass _stant Secretary l / By: PATRICIA SANDERS Acting Assistant Secretary MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS November 7,' 1989 An Adjourned Meeting of the Community Redevelopment of the City of Palm Springs, California, was called to order by Chairman Bono, in the Large Conference Room, 3200 Tahquitz-McCallum Way, on Tuesday, November 7, 1989, at 2 p.m. ROLL CALL: Present: Agency Members Apfelbaum, Broich, Foster, Neel and Chairman Bono Absent: None PUBLIC COMMENTS: None LEGISLATIVE ACTION: 1. PLAZA DE LAS FLORES Recommendation: That the Agency authorize the execution and delivery of grant deed of certain property to John Wessman pursuant to fourth amended and restated Redevelopment Participation Agreement. City Attorney reviewed the resolution presented, no further report was given. Resolution 659, as recommended, was presented; after which, it was moved by Apfelbaum, seconded by Neel! , and unanimously carried, that R659 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. JUDITH SUMICH si.stant Secretary ---B y: PATRICIA SANDERS Acting Assistant Secretary MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS NOVEMBER 21, 1989 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 21, 1989, at 2 p.m. ROLL CALL: Present: Agency Members Apfelbaum, Broich, Foster, Neel and Chairman Bono Absent: None PUBLIC COMMENTS: None LEGISLATIVE ACTION: 1. CERTIFICATES OF PARTICIPATION - WELWOOD MURRAY PLAZA PROJECT: Recommendation: That the Agency approve amendment to Trust Agreement with Security Pacific National Bank to extend mandatory redemption date of the Agency $4.8 million Variable Rate Demand Certificates of Participation from December 1, 1989 to December 1, 1990. Memorandum of Director of Economic Development was briefly highlighted by him. Resolution 660, as recommended, was presented; after which, it was moved by Apfelbaum, seconded by Foster, and unanimously carried, that R660 be adopted. ' 2. REPORT OF CLOSED SESSION - PALM DESERT SETTLEMENT AGREEMENT Director of Economic Development reported that the Agency approved a settlement agreement with the City of Palm Desert, re pending litigation, in Closed Session in November, 1989 - Agr #224. 3. PLAZA THEATER REMODELLING - WESSMAN CONTRACT Recommendation: That the Agency approve Change Order No. 1 to agreement with Wessman concerning remodelling of the Plaza Theater, $29,928.34 - A#219. Assistant Director of Economic Development reported that the Change Order includes electrical panel ($20,214. 34) , carpet flange ($4,160) , and 19 of 20 items on WCA letter dated November 7 (5,554) . Member Foster stated that he would like to have a week to review the items included in the change order, and noted that Item 17, in particular, is a result of allowing the use of the corridor by the Plaza de ]as Flores project, and is a developer cost at City expense, and he questioned the value of a magnetic hold-open device, when in ' practicality it will be held-open mechanically. He stated that he thought the fire sprinkler issue had been resolved, i .e. , coverage in the lobby, stage, and corridor, but not in the auditorium, since it was remaining as a movie theater use, and only if the use changed, would the sprinklers be required. CRA Minutes 11-21-89 Page 2 3. PLAZA THEATER (Continued) Director of Economic Development reported that the subject to making the facility usable for other than just movies will be before the Agency at its December 6 meeting; and that there will be major additional costs to bring the heads through the ceiling. Mr. Wessman stated that the subcontractor has given an $800 credit for the heads, because scaffling would already be in place; however, to retrofit later would mean the removal of some seating, erecting new scaffling, and the cost could be $5,000-$6,000; that current standards must be met if there is a change in the use, e.g. , live theater; that it may be possible to plank across the seating, and not actually remove the seats. Member Foster stated that the committee was told that re-scaffling would be required, that seats would have to be removed, and that there would be repainting; and that if the only credit is, $800, then the heads should be installed. Chairman stated that it would be limited to only upgrade the building as a movie theater; that movies might be acceptable at first, but his vision has always been that the facility would be For small , celebrity, off-Broadway type productions; that there is a need for such entertainment in the community, especially at night; that it is a missing element in the community, and a goal to be achieved; that if there is agreement on that goal , the costs should not be increased because something that could have been done at the beginning was knowingly not done. Motion was made by Broich to approve the change order, with stipulation that the items will be reviewed with the contractor, the architect, staff, and the Council subcommittee. Discussion folllowed as to the effect: of such an action, and what the recourse would be if there was disapproval by the subcommittee. Member Foster stated that he wanted to review all of the items, and if he found any to be unfair charges, he would not approve them, although he recognized that a number of items have already occurred, he was not necessarily in favor of the amount involved. Mr. Wessman stated that delays may result in heavy overtime costs; that he made changes back and forth concerning the restrooms, and has lost future rental income as well as current costs. Member Broich stated that ' he was not told about the sprinkler heads; that he did not receive the change order until this date; that he wanted to move ahead with the project; and that there was nothing wrong with wanting to save the City money. Member Apfelbaum stated that she favored the movement toward live theater; and wanted to see the project proceed without delays. CRA Minutes 11-21-89 Page 3 3. PLAZA THEATER (Continued) Mr. Wessman stated that if there are some credits which should be increased, after a review, those funds will be given back. Assistant Director of Economic Development stated that he sent the proposed changes to the subcommittee over a week ago, and asked if there were any questions concerning any of the items; and that he did not receive any response. It was moved by Neel , seconded by Apfelbaum, and carried by the following vote, that Resolution 661, approving the Change Order, as recommended, subject to the deletion of Item 8 (credit $836) for a total increase of $30,764.34: AYES: Apfelbaum, Broich, Neel & Bono NO: Foster ABSENT: None ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. JUDITH SUMICH Assistant Secretary MINUTES OF COMMUNITY REDEVELOPMENT AGENCY DECEMBER 6, 1989 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 Chambers, 3200 Tahquitz-McCallum Way on Wednesday, December 6, 1989, 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 October 18, November 1 & 7, 1989 be approved. PUBLIC COMMENTS - None LEGISLATIVE ACTION: 1. HOUSING - SEMINOLE GARDEN APARTMENTS Recommendation: That the Agency approve agreement with Coachella Valley Housing Coalition to assist it in purchasing the Seminole Garden Apartments, located at 2607 Linden Way - Ayr #226. Economic Development Housing Coordinator stated that the 60-unit apartment building was built 20 years ago, with a mortgage of 3%; that after 20 years the mortgage could ' be paid off; that since last year the mortgage has been in moratorium by Housing and Urban Development; that the present owner would like to convert the building, which would displace the families living there, and the Coachella Valley Housing Coalition would like to acquire the building; and that she recommended approval of the proposed agreement. Resolution 662 as recommended was presented; after which, it was moved by Apfelbaum, seconded by Broich, and unanimously carried, that R662 be adopted. 2. PLAZA THEATER Recommendation: That the Agency award purchase of the following items for the theater renovation: theater screen, curtain & drapes, carpets, lighting fixtures, seating, lighting dimmers, sound system, scenic artist, concession equipment, ice machine, and accept a loan From the City' s General Fund, and amend the Agency budget. Assistant Director of Economic Development stated that on October 18, 1989 the Agency approved an agreement with John Wessman Development Company for Phase I of the Plaza Theater renovation; that the agreement did not cover the above items which were bid separately; that a loan is needed to cover the additional costs; that fund-raising efforts will repay the loan; that bids cannot be awarded based on locality of a bidder, but rather must be based on the lowest amount bid; that the bid specifications did not require service contracts; and that the bidding process was coordinated through the Purchasing Division. Agency Minutes 12-6-89, Page 2 2. PLAZA THEATER (Cont) Resolutions 663 - 665 (Agency) and' Resolution 16955 (Council ) as recommended was presented, after which; it was moved by Broich, seconded by Apfelbaum, and unanimously carried, that R663 - 665 and R16955 be adopted. ' REPORT - Received & Ordered Filed Financial Statement, July - September, 1989 ADJOURNMENT There being no further business, Chairman declared the meeting adjourned to Tuesday, December 1.9, 1989, at 2 p.m. , Large Conference Room, City Hall . JUDITH SUMICH A-ssistant Secretary By: PATRICIA SANDERS Acting Assistant Secretary Council Minutes 12-6-89, Page 4 Al . PAIB7 - SALE OF PROPERTY TO JOHN WESSMAN (Cont) Resolution 16956 and Resolution 666 each as revised was presented; after which, it, was moved by Apfelbaum, seconded by Neel , and unanimously carried, that R16956 and R666 be adopted. MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS DECEMBER 12, 1989 An Adjourned Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs was called to order by Vice Chairman Apfelbaum in the Large Conference Room, City Hall , 3200 Tahquitz- McCallum Way, on Tuesday, December 12, 1989, at 2 p.m. ROLL CALL: Present: Agency Members Apfelbaum, Broich, Foster, and Neel Absent: Chairman Bono PUBLIC COMMENTS: a) Jeremy Crocker, 330 W. Arenas Road, read a prepared statement, a copy of which is on file with the City Clerk, concerning Item 1, expressing concern that since the developer and present owner of the easement are both private parties, and neither Palm Canyon Drive nor the C'ity' s Plaza Theater project are affected, (124- that that the condemnation of private property to the 049) benefit of other private property will set an undesirable precedent, and cause future investors to weigh this use of government power in a negative light, and choose to develop elsewhere, thereby resulting in long-term loss to the community. LEGISLATIVE ACTION: 1. PAIB7 - PLAZA INVESTMENTS PROPERTY ' Recommendation: That the Agency approve a resolution of necessity, and authorize legal counsel to request an order of prejudgement possession for a portion of Assessor' s Parcel #513-144-0004 in Block of 7 of the CBD Redevelopment Project Area. Director of Economic Development reported that the staff (124- has been working with the owners of the easement, and are 049) nearing a settlement, and requested that this matter be continued to December 19. He stated that the purpose of redevelopment is to help make projects work better; that this seems to be a private interest, but in fact is for the public good; that there is already one easement in place, and the additional easements will better serve the public good; that the negotiation process is taking place, and if it is not successful , then acquisition may occur through the use of the Redevelopment Agency' s power, and then transfer that private ownership; and that he believed there will be a signed agreement between the parties, without the use of eminent domain. Mr. Crocker noted that such negotiation is under the threat of condemnation, and is not of a free negotiation. It was moved by Broich, seconded by Foster, and unanimously ' carried, Bono absent, that this matter be continued to December 19, 1989. ADJOURNMENT There being no further business, Vice-Chairman declared the meeting adjourned. ,.,JUDITH SUMICH Assistant Secretary MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS DECEMBER 19, 1989 An Adjourned Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, was called to order by Vice-Chairman Apfelbaum, in the Large Conference Room, 3200 Tahquitz-McCallum Way, on Tuesday, December 19, 1989, at 2 p.m. ROLL CALL: Present: Agency Members Broich, Foster, Neel and Vice-Chairman Apfelbaum Absent: Chairman Bono PUBLIC COMMENTS: None 1. PA1B7 - PLAZA INVESTMENTS PROPERTY Recommendation: That the Agency approve a Resolution of Necessity and authorize legal counsel to request an order of prejudgment possession for a portion of Assessor' s Parcel #513-144-004, Block 7 , of the CBD Redevelopment Project Area. Item continued from December 12, 1989. Director of Economic Development stated that negotiations with Plaza Investments resulted in a letter agreement that will allow selling of its ,property easements, in order to satisfy code enforcement issues of doors to open over property lines; that the Agency proposed to acquire fee simple title to a parcel measuring eight feet east to west and seven feet north to south, both extending -five feet out from the property line creating overlapping rectangles in the northwest corner ' of the property currently encumbered by an easement for ingress and egress of pedestrians, equipment and vehicles to and from the Plaza Theater property of which the Agency would be the beneficiary; that the offer for the 50 square feet of land is $1,500; that the non exclusive easement rights shall continue to be in ' effect and available to Plaza Investments as well as the owner of the Plaza de las Flores and Plaza Theater, and shall allow an overhang detail to encroach up to eighteen inches on the east ten feet of the Plaza de las Flores; that should future construction of the Plaza Investment properties require the removal of the overhang, Plaza de las Flores shall remove the overhang at the request of Plaza Investment, and be responsible for the cost; that Plaza Investment shall have the right to purchase the fifty square feet back at the same price from any party then owning the land should the area no longer be required to satisfy Section 504, Table 5A of the Uniform Building Code; that should the acquisition effect the fire rating of the rear door to the storage area on the Plaza Investment property, the Agency will correct the problem at its own expense; that should the fire insurance premium for the Plaza Investment property be increased as the result of this acquisition, the Agency will reimburse the Plaza Investment the amount of the additional cost; that the Agency will enter into a separate agreement with Plaza Investment Company to ' reimburse it for reasonable costs necessary to remove trash from the area generated by, the Plaza de las Flores project; and that the Agency shall reimburse Plaza Investment for expenses incurred as a result of the proposed acquisitions in the amount of $6,512. Mayor declared the hearing 'opened; there being no appearances the hearing was closed. Motion to approve letter agreement was moved by Neel , seconded by Broich, and unanimously carried, Bono absent, that Agreement #230 be adopted. Agency Minutes 12-19-89, Page 2 LEGISLATIVE ACTION: 2. PA3B11 - PALM CANYON PLAZA Recommendation: That the Agency approve amendment No. 1 to Owner Participation Agreement 123, with Palm Canyon Plaza, Ltd. 1-7, re evidence of financing, construction schedule, Agency assistance, and binding effect of agreement. Director of Economic Development stated that financing of the project was coming to fruition; that a tax-exempt bond would include appropriations to develop the property; that the past $1 million covered excess costs, demolition costs, partial costs of widening of the Palm Canyon bridge; that traditionally the Agency covers the costs of demolition; that the bonds are to be released December 20, 1989; that letters of credit are in place with a Paris, France bank for $20 million, Atoyo Finance Group, in Japan for $10. 5 million, and two other banks for additional funds; that a 24-hour notice is required to take action to roll over the bonds that are due; and requested the Council to continue this item to December 21, 1989. It was moved by Broich, seconded by Neel , and unanimously carried, Bono absent, to continue the item to December 21, 1989, 5 p.m. WELWOOD MURRAY LIBRARY: Recommendation: That the Agency/Council approve cooperation agreement with the Library Board to transfer each entity' s ' interest, including reversionary interests, in the Welwood Murray Memorial Library being acquired by the Agency to the Library Board of Trustees - Agr #227 and Agr #2802. Director of Economic Development stated that the Agency is in the process of acquiring the reversionary interests to the Welwood Murray Library as part of its mandate to clear title, and implement the Redevelopment Plan for the downtown area; that the land was gifted property to the City; and that should the litigation costs become excessive, the Library' s Board 's liability in the acquisition shall not exceed $50,000. City Librarian stated that the Library Board has the responsibility of maintaining the Library; that the Welwood Murray Library has declined in usage; and that the cost of operating the Library is $85,000 per year; that circulation is usually 1,000 items per month. Resolution 667 (Agency) and 16977 (Council ) as recommended were presented, after which; it was moved by Neel , seconded by Foster, and unanimously carried, that R667 and R16977 be adopted. Agency Minutes 12-19-89, Page 3 4. MAIN STREET FUNDING Recommendation: That the Agency authorize expenditure of $8,174.47 for update and reproduction of the "Shop Palm Canyon Drive" directory, and allocating funds. Business Retention Specialist stated that in November, 1988, the Agency authorized $10,000 to pay for copies of the Palm Canyon Drive directory; that in April , 1989, only 500 copies were left; that the copies were well-received and heavily distributed; that Main Street reprinted and expanded the brochure to include Indian Avenue; that the cost would be divided evenly between Main Street, the Downtown Business Assessment District and Palm Springs Now; that there was a deadline that had to be met,, to go to print; that the brochure is being distributed by the City Purchasing Department to various hotels and merchants; and that by allocating the money from next year' s budget, personnel at Main Street would not be affected. Mayor pro tem Apfelbaum stated she would abstain, due to appearance of conflict. Resolution 668 as recommended was presented, after which; it was moved by Broich, seconded by Foster, and carried by the following vote that R668 be adopted. AYES: Agency Members Broich, Foster and Neel NOES: None ABSENT: Chairman Bono ' ABSTAIN: Vice-Chairman Apfelbaum Agency members Broich and Foster requested that this be reconsidered on December 21, 1989. ADDED STARTERS: (It was moved by Broich, seconded by Neel and unanimously determined, Bono absent, that the following item be determined eligible for consideration) 5. PLAZA THEATER RENOVATION-SEATING BID Recommendation: That the ,Agency rescind bid awarded to American Seating on December 6, 1989, and instead award bids to Holsinger, Inc. , in the amount of $15,042. 50 for 55 new seats, and to Seating Corp. , in the amount: of $14,408 for seat installation. Assistant Director of Economic Development: stated that Agency awarded American Seating bid for new seats for the Plaza Theater for $35,450 but it is unable to provide the new seats by the January 5, 1990 deadline; that Holsinger Inc. , has the required seats in its warehouse, which match the existing seats in the Plaza Theater; that when vendors were called, American Seating was selected because it manufactured the seats; and that the seats , available from Holsinger Inc. , are refurbished, but are of the highest quality. il- A�. Agency Minutes7ci 12-19-89, Page 4 Resolution 669 as recommended was presented, after which, it was moved by Broich, seconded by Neel , and unanimously carried, Bono absent, that R669 be adopted. ADJOURNMENT There being no further business, Vice-Chairman declared the meeting further adjourned to Thursday, December 21, 1989, at 5 p.m. , Large Conference Room, City Hall . JUDITH SUMICH Assistant Secretary By: PATRICIA A. SANDERS Acting Assistant Secretary 1 MINUTES OF ' y COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS DECEMBER 21, 1989 An Adjourned Regular Meeting of the Community Redevelopment Agency was called to order by Vice Chairman Apfelbaum, in the Large Conference Room, City Hall , 3200 Tahquitz-McCallum Way, on Thursday, December 21, 1989, at 5 p.m ROLL CALL: Present: Agency Members Apfelbaum, Broich, Foster, and Neel ' Absent: Chairman Bono REPORT OF POSTING OF AGENDA: Report of City Clerk: Items were included on agenda previously posted for adjourned meeting December 19, 1989. LEGISLATIVE ACTION: 1. PA3B11 - PALM CANYON PLAZA Recommendation: That the Agency approve Amendment No. 1 to Owner Participation Agreement 123, with Palm Canyon Plaza, Ltd. 1-7, re evidence of financing, construction schedule, Agency assistance, and binding effect of agree- ment; and actions concerning the remarketing of Variable Rate Demand Certificates of Participation 1987 Composite. Assistant Director of Economic Development reported that as a result of the bond issue, $275,000 came to the Agency, and the developer has asked that it tie used to credit ( 124- certain items, i .e. , the money he spent on demolition, 020) demolition of Saturdays, and up to $129,000 for the expan- sion of the Palm Canyon Drive bridge; -that the developer has made the request in order to finalize the financing package; that the credit would apply after a building permit is issued. Agency Member Foster stated that the money helps recover the large amount of staff time involved in the project, and can be viewed as interest and he did not think the developer would get it back, that he might consider it differently if the project had not been prolonged for so long; and that he did not like the request "after the fact," although he had no problem with assisting in the bridge cost. Director of Economic Development stated that it is tradi- tional for the Agency to pay for demolition of buildings which have no value to the developer; and that tax advisers to the Agency have said that there is no problem in again roiling-over the bond issue: City Manager stated that this is a new request to make the financing possible, and is a matter of judgement for the Agency; that approval probably would have been recom- mended if the request had come in at the front-end of ' the project; and that he was convinced that the developer has done everything to keep the project alive. CRA Minutes 12-21-89 Page 2 1. PA3B11 (Continued) Agency Member Apfelbaum stated that this is a last ditch effort to keep the project going, that it is a good project, and she was willing to take another step to make it happen. Res 670 and 671 as recommended, were presented; after ' which, it was moved by Broich, seconded by Neel , and unani- mously carried, Bono absent, that R670 and R671 be adopted 2. MAIN STREET FUNDING Business Retention Specialist stated that.atthe December 19 meeting Agency Members asked that this matter be recon- sidered. It was moved by Broich, seconded by Foster, and unanimously carried, Bono absent, and Apfelbaum abstaining, that ( 124- action taken December 19, regarding expenditure of 029) $8,174.47 from funds allocated for Main Street be reconsidered. Agency Member Apfelbaum stated she would abstain due to a contractual arrangement. Business Retention Specialist reported that the intent of the recommendation on December 19 was to allocate the money from the third year commitment of funding by the Agency; that funds will be taken from an 89-90 contractual account; and that the appropriation for 90-91 would be $50,000 less the $8,174.47, for a net of ' approximately $42,000 for the 90-91 fiscal year. Resolution 672, rescinding R668, and authorizing a reallocation of funding as recommended, was presented; after which, it was moved by Broich, seconded by Foster, and unanimously carried, Bono absent, and Apfelbaum abstaining, that R672 be adopted. ADJOURNMENT There being no further business, Mayor pro tem declared the meeting adjourned. -r 'JUDITH SUMICH City Clerk