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HomeMy WebLinkAbout1/1/1988 - CRA MINUTES 04 MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS JANUARY 6, 1988 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, California, was called to order by Chairman Bogert, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, January 6, 1988, at 7:30 p.m. ROLL CALL: Present: Agency Members Apfelbaum, Birer, Foster, Smith and Chairman Bogert Absent: None APPROVAL OF MINUTES: It was moved by Birer, seconded by Apfelbaum, and unanimously carried, that the Minutes December 2, 7 and 16, 1987 be approved. PUBLIC COMMENTS: None LEGISLATIVE ACTION: 1. BUDGET AMENDMENT - PA1B7 Recommendation: That the Agency amend the budget to transfer $50,000 from the CBD Berke Property Redevelopment Account to the CBD Library Severance Damage Account. Executive Director reported that this matter was reviewed at the last study session, and funding provides severance damages to the Library in event of the removal of portions of the east wing, as provided by the Plaza de las Flores ' project. Resolution 505, amending the budget as recommended, was presented; after which, it was moved by Apfelbaum, seconded by Foster, and unanimously carried, that Resolution 505 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. -�JUDITH SUMICH Assistant Secretary MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS JANUARY 20, 1988 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, California, was called to order by Chairman Bogert, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, January 20, 1988, at 7:30 p.m. ROLL CALL: Present: Agency Members Apfelbaum, Birer, Foster, Smith and Chairman Bogert Absent: None APPROVAL OF MINUTES: It was moved by Birer, seconded by Apfelbaum, and unanimously carried, that the Minutes of January 6, 1988 be approved. PUBLIC COMMENTS: None LEGISLATIVE ACTION: 1. CONSULTANTS Recommendation: That the Agency approve agreement with Keyser Marsten Associates, Inc. , to provide advice on Agency/developer joint venture agreements, and to define opportunities to attract new, or expanded retail activities - Agr #174. Director of Redevelopment highlighted his report, which was also reviewed in detail at the last study session. ' Resolution 506, approving the agreement as recommended, was presented; after which, it was moved by Apfelbaum, seconded by Smith, and unanimously carried, that Resolution 506 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. JUDITH SUMICH Assistant Secretary MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS FEBRUARY 3, 1988 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, California, was called to order by Chairman Bogert, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, February 3, 1988, at 7:30 p.m. ROLL CALL: Present: Agency Members Apfelbaum, Birer, Foster, Smith and Chairman Bogert Absent: None PUBLIC COMMENTS: None LEGISLATIVE ACTION: 1. SELF-HELP HOUSING PROGRAM Recommendation: That the Agency authorize payment of funds to the California Housing Finance Agency, and the Coachella Valley Housing Coalition, for expenses related to the Self-help Housing Program, not to exceed $10,500 and $2,500, respectively. Executive Director reported that this matter was reviewed in detail at the last study session, and no further report was given. Resolution 507, authorizing payment, as recommended, was presented; after which, , it was moved by Apfelbaum, seconded by Birer, and unanimously carried, that Resolution 507 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. JUDITH SUMICH Assistant Secretary 0731 MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS FEBRUARY 17 , 1988 A Reguldr Meeting of the Community Redevelopment Agency of the City of Palm Springs, was called to order by Chairman Bogert, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, ' February 17, 1988, at 7:30 p.m. ROLL CALL: Present: Agency Members Apfelbaum, Birer, Foster, Smith and Mayor Bogert Absent: None APPROVAL OF MINUTES: It was moved by Smith, seconded by Foster, and unanimously carried, that the minutes of January 20 and February 3, 1988 be approved. PUBLIC COMMENTS: None LEGISLATIVE ACTION: 1. TAHQUITZ ANDREAS BUDGET Recommendation: That the Agency and the Council approve loans at $297 ,500 at 9% interest from the Convention Center Fund to the Tahquitz-Andreas Project Area, and also deleting certain previously budgeted items (PA #2) . Director of Redevelopment highlighted his report, which was also reviewed in detail at the last study session. Resolution 508 - 511, approving the loans as recommended, was presented; after which, it was moved by Smith, seconded by Birer, and unanimously carried, that Resolutions 508 - 511 be adopted. 2. PA3 - MOTEL SIX Recommendation that the Agency approve agreement with Motel Six Company for the reimbursement of costs associated with the reconfiguration of the intersection of Palm Canyon Drive and Camino Parocela (PA #3) - Agr #175. Director of Redevelopment highlighted his report, which also was reviewed in detail at the last study session. Resolution 512, approving the agreement as recommended, was presented; after which, it was moved by Smith, seconded by Apfelbaum, and unanimously carried, that Resolution 512 be adopted. ADJOURNMENT There being no further business, Chairman declared the ' meeting adjourned. JUDITH SUMICH Assistant Secretary n By: Patricia A. Bode Acting Assistant Secretary MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS MARCH 16; 1988 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, was called to order by Chairman Bogert, in the Council Chamber, 3200 Tahquit_-McCallum Way, on Wednesday, March 16, 1988, at 7:30 p.m. ROLL CALL: Present: Agency Members Apfelbaum, Birer, Foster, Smith and Chairman Bogert Absent: None Approval of Minutes: It was moved by Birer; seconded by Apfelbaum, and unanimously carried, that the minutes February 17, 1988 be approved. PUBLIC COMMENTS: None LEGISLATIVE ITEMS: 1. NORTH PALM CANYON PROJECT AREA COMMITTEE Recommendation that the Agency and the Council approve that PAC be changed to the North Palm Canyon Redevelopment Advisory Committee; that meetings be reduced from twice to once per• month, except when issues call for more or less meetings to be held; that meeting minutes be simplified to include only recommendations made, therefore, dispensing with the need to have clerical support at the meetings, that term of committee be indefinite until dissolved by Council . Redevelopment Project Manger reviewed the staff report which was given in detail at the study session. Resolution 514, approving designating the North Palm Canyon Redevlopment Advisory Committee as recommended was presented; after which, it was moved by Smith, seconded by Foster, and unanimously carried, that Resolution 514, be adopted. 2. HIGHLAND GATEWAY PROJECT AREA COMMITTEE Recommendation that the Council approve changing the Highland-Gateway Project Area Committee to the Highland-Gateway Redevelopment Advisory Committee, which allows less formal rules, and indefinite terms be adopted. Redevelopment Project Manager reviewed the staff report that was given in detail at the study session, and no further report was given. Resolution 515 as recommended was presented; after which, it was moved by Smith, seconded by Foster, and unanimously carried, that Resolution 515 be adopted. CRA Minutes 3-16-88, Page 2 3. MAIN STREET PROGRAM ' Recommendation that the Council authorize the submission of an application for the 1988 Main Street Program, and also commit to funding the program for three years at $10,000 per year. This item to be presented on March 22, 1988. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned to March 22, 1988, 3 p.m. , in the Large Conference Room, City Hall . JUDITH SUMICH City Clerk ��� �g � By: PATRICIA A. BODE Acting Assistant Secretary MINUTES OF lti CITY 01: PALM SPRINGS CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY MARCH 22, 1988 An Adjourned Regular Meeting of the City Council , and of the Community Redevelopment Agency, of the City of Palm Springs, California, was called to order by Mayor/Chairman Bogert, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Tuesday, March 22, 1988 at 3 p.m. ROLL CALL: Present: Council/Agency Members Apfelbaum, Birer, Smith andl'Mayor/Chairman Bogert Absent: Mr. Foster PUBLIC COMMENTS: (to Both Agency and City Council - 3 minute per person. Suggested that anyone wishing to speak on the Main Street item be heard at the time of its discussion)) There were no comments. LEGISLATIVE ACTION: 1. MAIN STREET PROGRAM Consideration of submittal of an application for the 1988 Main Street Program, and commitment to fund the program for three years at $10,000 per year. Item continued from March 16, 1988. Redevelopment Director distributed an addendum to his report, and stated that the Business Improvement Task Force, now known as the Business Improvement Association, is no longer under the auspices of the Palm Springs Project, and believes it will have more flexibility; that the coming year is the last year the Main Street: program will be available, and only five cities will be selected; that staff recommends that the City continue to provide secretarial services to the Association during its efforts to form an assessment district; that P.S. Now did not think the $10,000 obligation on the part of the City was enough, and staff recommends pledging $17,200 of in-kind services, including secretarial , supplies, postage, printing, for a total of $27,200; that P.S. Now developed a budget of $110,000, of which $35,000 will fund the director's salary, and P.S. Now will provide office space valued at $12,000; that fund-raising) efforts will be made to cover special events/image and Association expenses, and that P.S. Now would oversee the Main Street Program; and that P.S. Now has requested that 'the City, match $50,000, or fund an additional $22,800 in cash). Paul Selzer, Attorney representing P.S. Now, stated that there is no disagreement between P.S. Now and the Associa- tion that the funds are , needed, only who provides the administration; and requested that the Council appropriate the funds, but that no disbursement would be made until the two group develop a jointly recommended plan, including specific budget for each element; and that they have both agreed to meet soon to accomplish that end. He stated CRA/Council Minutes �. 3-22-88, Page 2 1. MAIN STREET PROGRAM (Continued) that both groups have the assessment district as a common goal , and look forward to the City, the merchants, and the property owners all coming together to revitalize the downtown area; that the specifics of how the funds would be spent is to be part of the plan; that the funding ' and intent would not change even if the City were no selected for the Main Street Program, and it is conceivable it will not be selected; that he assumed funds would come from the Redevelopment Area, through tax increment, and the result will mean more tax increment. In answer to question by City Manager, Mr. Selzer stated that the Council 's approval of the jointly recommended plan would be required, as a party in the venture, and that the total cash outlay to the City would be $32,800. Council/Agency Member Foster stated that as a property owner in the area, he would abstain from discussion and voting. Monte Lukov, Executive Director of P.S. Now, stated that a requirement of the Main Street Program is a certified budget, and he believed that the $110,000 is not a "fat" budget; and that the same ideas and intent would be followed even if the Main Street Program is not approved. In answer to question by Council , Redevelopment Director reported that the Agency will be looking at the budget for next year, and there would be this much less for other improvements in the project areas. ' Ramon Hernandez, convenor for the Downtown Business Improve- ment Association, stated that everyone understands that the groups must get together, and reach out to unite all parties for one common goal , and the association supports arriving at a solution together. He stated that the Main Street Board, as proposed, would be slightly imbalanced, and there should be equal representation for both merchants and owners. City Manager stated that the Agency will probably be looking at $500,00-$700,000 for capital improvements , and this would be $50,000 less for the other projects, however, the Council has indicated that if the plan means bringing the groups together, and accomplishing it together, then the expenditure of some funds for that would be worth the trade-off of less funds for other projects; and that he was comfortable with the fact that everyone will have an opportunity to look it in more depth. Council/Agency Member Birer stated that he supported the concept because of its unified involvement, and matching funding approach. Council/Agency Member Apfelbaum stated that the goals ' are first priorities , and this is the first time the merchants and owners have come together to create something which represents a strong investment in the future of the community. CRA/Council Minutes 3-22-88, Page 3 1. MAIN STREET (Continued) It was moved by Apfelbaum,, seconded by Birer, and unani- mously carried, Foster abstaining, that the funds be approved, as requested (cash plus in-kind of $17,200, for a total of $50,000) , with the two groups to jointly develop a plan and to review it and specific budget items with the Council ; and that the groups work out an acceptable configuration of the Board of Directors (CRA Res. 515) . It was moved by Apfelbaum, seconded by Birer, and unani- mously carried, Foster abstaining, that the secretary services, as recommended by the Redevelopment Director, be approved. (City Council action) There was no further business, and the Agency adjourned, and the City Council remained in session. -"JUDITH SUMICH Assistant Secretary MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS APRIL 6, 1988 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, was called to order by Chairman Bogert, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, April 6, 1988, at 1:30 p.m. ROLL CALL: Present: Councilmembers Apfelbaum, Birer, Foster, Smith and Mayor Bogert Absent: None APPROVAL OF MINUTES: It was moved by Smith, seconded by Foster, and unanimously carried, that the Minutes of March 16 & 22, 1988 be approved. JOINT PUBLIC HEARING: Recommendation: That the Council and Agency amend participation agreement with John Wessman, to limit acquisition of Parcel #5 to the site on which Louise's Pantry is located, and provide certain easements over land formerly to be acquired. See City Council Minutes this date, incorporated herein by reference, relative to discussion and public hearing. Resolution 522, approving the Third Amended and Restated Participation Agreement, as recommended, was presented; after which, it was moved by Smith, seconded by Apfelbaum, and unanimously carried, that Resolution 522 be adopted, subject to striking the last sentence of revised Section 7.8 of said agreement. PUBLIC COMMENTS: None LEGISLATIVE ACTION: 1. PA8 - BARISTO-FARRELL Recommendation: That the Agency authorize a 120-day period in which to negotiate exclusively with Carver Companies, beginning April 6, 1988, for the redevelopment of the Alpha Beta Shopping Center on the NW corner of Ramon and Sunrise Way. Redevelopment Director reviewed his report, and stated that the owner of the property, Dr. C. Bochner, requested to be considered as the developer, but chose not to submit a proposal two days prior to the due date. He also stated that Mr. Carver has an option to purchase vacant land to the west of the site, and has worked with the Flood Control District regarding covering the channel , and has ' asked the Agency to assist in acquiring the property; and that Mr. Carver has been advised that there are concerns about the project. Res 516 authorizing the 120 day period, as recommended, was presented; after which, it was moved by Smith, seconded by Apfelbaum, and unanimously carried, that Resolution 516 be adopted. CRA Minutes 4-6-88 Page 2 2. PAS - BARISTO-FARRELL Recommendation: That the Agency approve a budget of $3,283 for Coachella Valley Comr,,.an'ity College District improvements, for 1987-88, and find that said improvements are of benefit to the project area, for $3,283 for 1987/88. Redevelopment Director reported that the request is consistent with the District`s agreement with the Agency, and the improvements, consisting of resurfacing parking lots at the Palm Desert campus, are eligible expenses. Resolution 517 approving the request, as recommended, was presented; after which, it was moved by Foster, seconded by Apfelbaum, and unanimously carried, that Resolution 517 be adopted. CONSENT AGENDA: 3. Res 518 repaying $239,500 in loans to the General Fund, for the CBD PAL 4. Res 519 amending the budget to re-appropriate $60,000 for design of the Belardo Road Bridge, PA3, South Palm Canyon. 5. Res 520 amending the budget to appropriate $2,500 for legal services for PA5, regarding a Ms. Winter vs Agency. 6. Res 521 amending the budget to appropriate additional funds For interest expense on City loans on PA6, 7 , 8, and proposed 9, for $33,117. 7. Res 523 amending the budget to appropriate $23'9,500 for loan repayment for CBD. It was moved by Apfelbaum, seconded by Birer, and unanimously carried, that Resolutions 518 through 521 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. �- -/JUDITFI SUMICH Assistant Secretary MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS 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, May 4, 1988, 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 Foster, and unanimously carried, that the Minutes of April 6, 1988 be approved. PUBLIC COMMENTS: None LEGISLATIVE ACTION: 1. PA8 - PSUSD BUDGET REQUEST Res 524 approving the budget submitted by the Palm Springs Unified School District, pursuant to the pass-through agreement for the Baristo-Farrell Redevelopment Project Area, was presented; after which, it was moved by Apfelbaum, seconded by Neel , and unanimously carried, that Resolution 524 be adopted. 2. PA1B10 - VINEYARD PARTICIPATION AGREEMENT AMENDMENT Recommendation: That the Agency approve the modification of Agreement #17, with the Vineyard Limited Partnership, to assure that sufficient parking will continue to be provided adjacent to the Vineyard Shopping Center. Executive Director reported that the Participant is agreeable to a further amendment, which would require them to maintain the parking lot. Resolution 525 approving the amendments, including requirement for the Participant to maintain the parking lot, was presented; after which, it was moved by Apfelbaum, seconded by Foster, and unanimously carried, that Resolution 525 be adopted. 3. PA5 - FRANCES WINTER PARTICIPATION AGREEMENT Res 526 approving an owner participation agreement with Frances Winter, exempting her property at 141 S. Cahuilla Road, Assessor' s Parcel #513-141005, from the Agency's use of eminent domain; and authorizing the payment of $10,000 to Miss Winter, for reimbursement of legal fees, A176, and Res 527 amending the budget to cover said payment and related costs, in the amount of $12,000. were presented; after which, it was moved by Foster, seconded by Apfelbaum, and unanimously carried, that Resolution 526 and 527 be adopted. --, � ifRA Minutes 5-4-88 Page 2 4. PA3 - PALM CANYON PLAZA HOTEL Recommendation: That the Agency authorize the Executive Director and Assistant Secretary to execute documents to accomplish the transfer of property for the Palm Canyon Plaza Hotel . Executive Director reported that the potential for a transfer of property from Russell Wade to the Agency came to fruition after the closing of the Agenda, and the action is needed prior to the Agency's next meeting. It was moved by Foster, seconded by Apfelbaum, and unanimously carried, that the matter was determined eligible for consideration, and added to the agenda. Executive Director stated that upon the transfer of the property from Mr. Wade, Mr. Crowe would deposit $100,000 in the City' s T&A account, and the Agency would execute a deed conveying the property to Mr. Crowe, and place both documents in escrow; and that Mr. Crowe would have until June 1 to complete the transaction, and deposit the remaining balance, at which time escrow would close. Resolution 528, as recommended, was presented; after which, it was moved by Apfelbaum, seconded by Neel , and unanimously carried, that Resolution 528 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. -" JUDITH SUMICH Assistant Secretary ail � MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS MAY 18, 1988 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, May 18, 1988, 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 May 4, 1988 be approved. PUBLIC COMMENTS: None HEARINGS: 1. PA1B7 - PLAZA DE LAS FLORES - RESOLUTION OF NECESSITY Consideration of Resolution of Necessity and authorizing legal counsel to request an Order of Prejudgment Possession for all or portions of parcels 513-144-002, 513-144-003, 513-144-004 in Block 7 of the Central Business District Redevelopment Area. Director of Redevelopment reported that the Central Business District Redevelopment Project Plan was adopted in July ' 1973; that prior to adoption of the plan, the Agency and City Council received and considered extensive evidence regarding the pertinent issues; that the evidence was presented by staff and from public testimony in public hearings; that in adopting the CBD Plan, the Agency found and determined that the area within the project boundaries was blighted within the meaning of the California Redevelopment Law; that, in effect, all of the evidence and material considered in adopting the plan is carried forward and is before the Agency at this time, and it is not required to determine the already established "blight" as defined under California Law; that the Project Area is in the Central Business District, and the Plaza de las Flores is a subproject which includes the properties under consideration; and that it is part of the implementation of the previously adopted CBD Plan. He stated that the Plaza de las Flores project is generally bounded by Tahquitz Way on the North, Indian Avenue on the East, Palm Canyon Drive on the West, and approximately 150 feet south of Tahquitz Way on the South; that the properties under consideration are strategically located within, and are an integral part of, the Plaza de las Flores project area; that the properties are necessary to the public project, and in the opinion of the staff and the developer, the Plaza de las Flores project is ' not feasible without including the properties under consideration. He also stated that two property owners - Plaza Investments and Earl Strebe, have requested that the public hearing on the resolution of necessity as to their properties be continued in order to facilitate further negotiations; and that the staff recommends that the requests be granted, and as to them, the public hearing be continued to June 1, 1988 (relates to 513-2144-003 and 513-144-004 noted in the recommendation). CRA Minutes 5-18-88 Page 2 1. PA1B7 (Continued) In answer to question by Council , Director of Redevelopment stated that "002" relates to the Willard property, on which the Lanz and DNZ Seeking hold leases; and that "003" refers to the Strebe property (Louise's Pantry) ; and "004" to the Plaza Investment property (an easement to Indian Avenue). Chairman read in full a portion of legal advice from Agency Counsel Oliver, Stoever, Barr & Einboden, as follows: "If the question arises, the Chair wishes to advise the members of the Redevelopment Agency Board and members of the public that the Agency is not under any preexisting contractual obligation to acquire the properties in question. In determining whether or not to adopt the Resolution of Necessity, the Redevelopment Agency governing board is acting with entirely free and uncommitted discretion. In saying this it is acknowledged that, under the terms of the development agreement between the City, Redevelopment Agency and Wessman Development Co. if the real property cannot be conveyed, the City and Redevelopment Agency must reimburse Wessman Co. for costs incurred to date. These costs are estimated to be $800,000-$900,000. " Chairman declared the hearing open. City Attorney stated that under State Law, the Agency is only required to hear from those persons who have a interest in the property, ' or a right to the property; that there is no requirement that the parties be present; 1 that the parties were notified; that the Resolution of Necessity is the preliminary first step of eminent domain, which is preceded and followed by attempts to negotiate; that the body of law concerning eminent domain sets forth certain procedures that must be followed, one of which is that before a property can be acquired, a resolution of necessity must be adopted, and specifies the limited range of issues involved, , and the parties entitled to be a part of the issues; and that he did not believe there was any prohibition against hearing from others. Member Broich stated that he would like to hear from anyone who wished to speak on the subject. Don Frank, 550 N. Cahuilla Road, stated that he would like the hearing continued until June 1, so all properties would be represented at one time. John Wessman, 72200 Clancy Lane, Rancho Mirage, stated that the Director of Redevelopment has talked with Dr. Willard and Mr. Scharff, and has agreed to supporting a continuance of the Strebe and Plaza Investment parcels; and that if the Agency is going to proceed on the Willard property, he requested that it do, so this date. In answer to question by the Agency, Director of Redevelopment reported that he spoke with Dr. Willard, and her issue is not whether it is a good project, because she believes it is a good , project, rather how much she will receive for her property. CRA Minutes 0 6,; 5-18-88 Page 3 1. PA1B7 (Continued) He stated that the issues are divided between Dr. Willard and the lessee; that he has not spoken with Mr. Scharff recently, but that he is well represented by legal counsel , and is articulate as to his position; that both the lessee ' and Dr. Willard expect a court issue, and both anticipate it; that one lessee covers the entire parcel ; that Dr. Willard desires to receive enough to reinvest in order to continue to receive the revenue she currently receives; that the lessee subleases to himself as owner of the Lanz Stores, DNZ Seeking, and a small apartment, and feels he has value in the property; that the Agency cannot pay more than the total value of the property - which is being anticipated by both parties as their value; and the court must determine how much the value is, and how it will be divided; that the Agency staff has worked with the lessee in terms of relocation of Lanz and DNZ Seeking, which are separate issues; and that negotiations would continue until the matter went to court; that funds would be deposited with the court, from which Dr. Willard could make withdrawals, and that the Agency would be able to take possession within three months thereafter, and then proceed with the project. He stated that it is always hoped that the negotiations will be successful , and it will not be necessary to go to court. Member Apfelbaum stated that there have been public hearings, and the project has been under consideration for over one year. ' Resolution of Necessity 529 applicable to Parcel 513-144-002 was presented; after which, it was moved by Apfelbaum, seconded by Foster, and unanimously carried, that Resolution 529 be adopted. It was moved by Apfelbaum, seconded by Broich, and unanimously carried, that the hearings on the remaining parcels be continued to June 1, 1988. LEGISLATIVE ACTION: 2. PA6 - DEVELOPER ASSISTANCE/OFFSITE IMPROVEMENTS Recommendation: That the Agency approve expenditure of $16,000 for curb, gutter and half street, to assist in the development of additional off-site parking for recently constructed commercial development at the southeast corner of Camino Monte Vista and Palm Canyon Drive. Director of Redevelopment highlighted his report, which was reviewed at the last study session, and stated that the North Palm Canyon Advisory Committee recommends approval , as noted in the report. ' Resolution 530 approving the expenditure as recommended, was presented; after which, it was moved by Apfelbaum, seconded by Broich, and unanimously carried, that Resolution 530 be adopted. CRA Minutes 5-18-88 Page 4 3. RESCINDING OF RESOLUTIONS 513 AND514 Res 531 rescinding Resolutions 513 and 514, inadvertently adopted by the Agency instead of the City Council , was presented; after which, it was moved by Foster, seconded by Broich, and unanimously , carried, that Resolution 531 be adopted. (See City Council Item 8) ADJOURNMENT There being no further business, Mayor declared the meeting adjourned. /JUDITH"SUMICH Assistant Secretary MINUTES OF 0 .� COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS JUNE 1, 1988 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 1, 1988, 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 Broich, and unanimously carried, that the Minutes of May 18, 1988, be approved. PUBLIC COMMENTS: a) Don Frank spoke in support of moratorium in order to assess the situation, and then plan for the future, in terms of a master plan for downtown; that it is time to maintain the community's history, and not lose sight of the past; to consider future generations; and stated that a master plan is something the entire community should be aware of, and involved in, especially young people. b) Dee Dee Stone, 142 Eastlake, stated that she hoped ' the community would attain, and retain, a village look; that everything should be directed outward, and not turned inside buildings; and that not everyone should have to come to the desert with the idea of shopping. c) Emile Duvernay, 620 N. Hermosa, St. Paul Church member, stated his understanding that a liquor store was proposed at 1001 North Palm Canyon, which would be catastrophic, since there are liquor stores at 1200 and 840 North Palm Canyon ; that the periphery of the downtown should not be loaded with liquor stores, which could create a "skid row. " HEARINGS: 1. PA1B7 - PLAZA DE LAS FLORES - RESOLUTION OF NECESSITY On May 18, 1988, the Agency and Council concluded the hearing on one parcel , and continued hearings on the remaining two parcels (Strebe and Plaza Investments). Director of Redevelopment stated that a Main Street town hall meeting is tentatively scheduled for June 22, at which people will start to become involved in the down ' town planning process, and related issues and element; and he recommended that this matter be continued to June 15, because of current negotiations. Chairman inquired if anyone wished to be heard; there were no appearances, It was moved by Broich, seconded by Foster, and unanimously carried, that the hearing be continued to June 15, 1988. CRA Minutes 6-1-88 Page 2 2. CRA 1988-89 Budget Executive Director reported that the budget, in a format slightly different than the City budget, was delivered to the Agency members at the last study session, and the entire budget will be the subject of the study session on June 14, commencing at 8 a.m. Chairman declared the hearing opened; there were no appearances, and the hearing was closed. No action required. LEGISLATIVE ACTION: 2. PA7B5-9 Recommendation: That the Agency approve a subordinate financing/resale restriction agreement with the California Housing Finance Agency, for the first ten homes under the self-help housing program - A177. Director of Redevelopment explained the self-help program, and reviewed his report. Resolution 532, as recommended, was presented; after which, it was moved by Foster, seconded by Apfelbaum, and unanimously carried, that Resolution 532 be adopted. 3. PA1 - HOUSING SET ASIDE FUND ' Recommendation: That the Agency find the necessity to set aside less funds for housing for the CBD Project Area, than the amount required by statute for 1987-88; and for 1988-89, including establishing a plan to eliminate the fund deficit. Redevelopment Director highlighted his report, which was reviewed at the last study session. Resolution 533, and Resolution 534, as recommended, were presented; after which, it was moved by Apfelbaum, seconded by Neel , and unanimously carried, that Resolutions 533 and 534 be adopted. REPORTS: 4. PROJECT AREA DISCLOSURE STATEMENTS Assistant Secretary reported that project area disclosure statements of new Agency Members Broich, Neel and Chairman Bono have been received, and are a matter of public record. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. -- JUDITH SUMICH Assistant Secretary 067 MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS JUNE 15, 1988 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 15, 1988, at 7:30 p.m. ROLL CALL: Present: Members Apfelbaum, Broich, Foster, Neel and Chairman Bono Absent: None PUBLIC COMMENTS: None HEARINGS: 1. PA1B7 - PLAZA DE LAS FLORES - RESOLUTION OF NECESSITY On May 18, 1988, the Council concluded the hearing on one parcel , and continued hearing on the remaining two parcels (Strebe and Plaza Investments) to June 1, and again to this date. Director of Redevelopment restated comments in his report to the Agency given in its meeting May 18 (refer to minutes) , and stated that .concerning the Strebe parcel , otherwise known as the Louise's Pantry, the property in question is an easement in front of the Plaza Theater and the Louise's Pantry portion of the property and an easement over the Plaza Investment property, and an easement along the north side of th'e Theater; that the property, along with the Plaza Investment easement are in the middle of the project, and essential to the development of that project, and will allow exiting to Indian Avenue, and eventually storage of trash on the Plaza Inve<.stment Property easement which is also an easement for the Strebe property; that it will allow remodelling of Louise's Pantry property to conform to the proposed project; that he has been negotiating with Mr. Strebe, who represents the owners of the Theater property, for the past month, and although he believes those negotiations will be successful , he believes it is necessary for the Agency to act in order to make the project work in case he cannot complete that negotiation. He stated that another property relates to an existing easement held by Mr. Strebe., and used for vehicular ingress and egress; that he has not been able to reach agreement on value; that there has been some concern about damage rights to the north side of the Theater, and it will be up to the court to make that determination, however, whatever protection that is possible to that corridor will be accomplished via the project plan, and will be subject to building and fire department requirements. In answer to question by the Agency, Director of Redevelopment stated that the acquisition would include the patio in front of the , Theater, with easement rights to the front of the theater adjacent to Louise's Pantry; that there have been discussions with the Fire Department, in an effort to make certain that there is adequate space to the theater and no fire, safety hazard; that the area currently is a waiting area, and he believed it was a design issue to accommodate that; that there will not be any storage of trash in ,the corridor area, and it will only be for ingress and egress, and may be a case of enforcement by the Fire Department; and that the width is seven feet. CRA Minutes 6-15-88 Page 2 1. PAIN (Continued) Chairman declared the hearing open. Director of Redevelopment stated that, unless the Agency chose to do otherwise, it need only hear from the property owners and their representatives. City Attorney stated that there are only four matters before the Agency, i .e. , whether the project requires the property; whether the project is planned and located in the manner most compatible with the public good and at the least private injury; whether the property is necessary for the proposed project; and whether offers have been made. John Wessman, 72200 Clancy Lane, stated that in designing the project the question of how to handle service to the project, he was not only dealing with the McCallum Building, but also the Plaza on Indian Avenue and the alley between the McCallum Building and the library, which currently is being used as a trash area for the Lanz Store and the library, and partly for the McCallum Building; that it meant he would have had to build a trash enclosure in the patio area or in the library, which would have been very difficult; that he looked at the existing area behind the McCallum Building (Plaza Investment property) consisting of 20' x 20' with a 9' alley, and which is currently used for trash by the Plaza, and the only other trash area is in front of the theater, behind Karen's; that the ' existing corridor on the north side of the theater is 7 feet wide, with a concrete block wall between the theater and the exterior wall of his building; that fire doors are required for both the theater and the project, and there must be a clear exiting corridor; and that there is no guarantee he will acquire the theater itself. Dr. Friedman, 449 E. Arenas Road, #401, stated that the Louise's Pantry is a landmark, and wanted to retain it, the library, and the museum, and that there are many people who would like to see the project abandoned. Bill Jaymes, 340 S. Farrell , attorney representing Mr. Strobe asked about conflict of interest for Councilmember Apfelbaum (City Attorney stated that there is no conflict) , and stated that Mr. Strobe favors the Wessman project, but does not favor a piecemeal division of his property, which reduces the value of the remainder of it. He stated that the acquisition would take away his front access, and he does not believe the taking of Louise's Pantry and the easement are necessary; that Mr. Strobe wants to participate in the terms of a lease, and that discussion has only just started; that the Agency's action creates a statutory presumption as to its unbiasness, however, the City is financially bound to pay Wessman if the plan ' is not affected, which he sees as a conflict and, therefore, the presumption disappears because bias is created; that the burden is on the Agency to factually support its decision; that the court can look at whether the decision is factually supported; that Louise's Pantry is not necessary for the project, and is not blighted; that Wessman CRA Minutes 6-15-88 Page 3 1. PA1B7 (Continued) has not given any numbers or plans, only that he will change its facade and it will look good; and that not only is it not necessary for the project„ there is no support for any change in the facade. He stated that the dining easement is also not necessary for the project, nor is it close to it; that it is not necessary for Louise' s Pantry; that the fact that Wessman wants to install a fountain is not basis to make determination to support a decision of the Resolution of Necessity; that a decision must be made whether a private harm, out of balance with the public good, will be created; that: it will result in taking Strebe's access to South Palm Canyon Drive, and he will not be able to operate on it, or build on it; that ingress and egress is not a local fire issue, and one that is governed by the State Fire_ Marshal , but the determination is that Strebe ends up with a building in the middle, which has limited use and is landlocked; that he will not be able to modify it without getting involved in easements, which will be, shared by two properties and three parties - Wessman, Strebe and the theater owner; that appraisal did not include figures of Rowland Sweet of April 14, 1988; that he questions whether the proposed use is necessary, since Wessman has service to the property, and it appears to him that he wants to maximize his property to the detriment of the Strebe property, so he can put trash on the Strebe property; that the State Fire Marshal controls ingress and egress to the theater, and storage of trash would be illegal ; that he believes Wessman should have to store his trash on his property, which otherwise would jeopardize the O use of the theater; and that damage outweighs the public good. He restated earlier , comments, and stated that the Agency decision, because it would not have statutory presumption, would be second guessed by the court. Zachary Pitts, Plaza Investment, 115 S. Indian, stated that they do not have any trash contained on the easement, and if there is any, it is that of the theater; that there is a fire escape and four , doors opening into that area, and State law requires that the exit remain open; that when the theater was sold to Strebe, the easement was for emergency exiting only, and no other purpose, and the change proposed would leave his property open to fire hazard, and it is not legal to have an opening of a building within 5 feet of a property line; that steps from the McCallum site to the property will be required; that there is no way for trucks to park on the street, and the loading zone is not usedlto take supplies to the theater from the back door; that lit will be detrimental to his future development of his property, particularly, if he regains the theater; and 'if The Plaza is going to be redeveloped, it should be by him and Mr. Strebe, and not by a third party. Barry Schlamm, attorney representing Plaza Investment, stated that the Agency 'cannot hide behind statutory presumption; that the Director stated the easement was to be used for exiting, deliveries and eventual storage Council Minutes 070 6-15-88 Page 4 1. PAIN (Continued) of trash; that the existing participation agreement provides that the easement will be sought for ingress and egress customarily employed for trash removal and storage; that the Director's letter said a non-exclusive easement was sought, which would not deprive them of the use of the property; that Mr. Stoever said it would not interfere with or surcharge the Strebe easement; that he believes that if it is used for trash, it will be a taking in fee, and they will have no use of it; that under the existing easement, they can develop that easement, subject only to the right of in and out for the theater; that a 9 foot wide space is not enough to handle receptacles, or uses stated in the agreement, without impeding the remaining rights of it; that he does not believe there is anything before the Agency to justify taking it, other than convenience for the developer and because he asked for it; that he cannot determine what it will be used for; that Wessman cannot demonstrate its necessity, much less its appropriateness or legality; that in terms of setback requirements, he questions the legality of doors opening onto it, and the placement of trash would further impede it; that trash from the McCallum site has been removed in the past without it; and that the Agency cannot act as a rubber stamp. In answer to question by the Agency, Director of Redevelopment stated that the corridor in the theater area is not to be used for the storage of trash, or goods of any kind, but only for the movement of people or goods ' in and out of the theater and for the new development; that the other easement is a non-exclusive use of the Plaza Investment piece, which is being used for trash storage and from which waste disposal trucks haul trash, and it is in that area that there would be trash storage, which is located off Indian Avenue, adjacent to the McCallum Building; and he believed they would still have the right and ability to use that area; and that the Agency has seen all of the plans and projections, and are a part of the agreement, and on file. Mr. Wessman stated that he does not know if Plaza Investment has a legal right to have trash in that area, but there have been 3 yard dumpsters in the alley to the theater; that he met with the Building and Fire Departments, and all of these issues have been discussed; that it will be used for trash, and will have to be designed in such a way that the Fire, Health and Building Departments agree that it can be used for that purpose, and it will not impede the flow of traffic in or out of the theater or the Plaza Investment jeopardy; that the problem of a zero lot line was discussed, and what needs to be done - fire walls, etc. ; that he looked at the properties in terms of the best project for the City as a whole, and the combination of certain properties better services the ' needs, which is the purpose of redevelopment; that regardless of what type of use is made, Louise's Pantry will not go away; that there are 7z to 8 years remaining on its lease; that he will remodel it, cleaning up its appearance, and plans have been submitted as to what will be done; that the inside will not be touched at all ; that the rent will not be increased; that the theater is an historical building, and he doubted whether anyone would allow it to be changed; that he plans to install a fountain, and create more open space, and remove the trash area in front of the theater; that the plan will not hamper the theater; and that the Fire Department must be satisfied. �),7i CRA Minutes 6-15-88 Page 5 1. PA1B7 (Continued) Mr. Pitts sated that two trash containers (belong to the theater, and it would be detrimental to his property to have a trash area next to the Lackdoor of his property, and a mistake to ignore. Stan Rosin, Plaza Investment, , stated that he was co-chairman of the building committee when the museum was built, and it was designed with a receiving area out to Tahquitz, which was recessed and large enough to service the building; and he did not see giving' Wessman additional property for his trash, when there is an established area to service the museum site. Mr. Jaymes stated that he objected to the fact that Wessman was "chewing up as much property as he can get. " when he does not need it; and in his opinion, Wessman will charge rent to LOLlise's Pantry for the dining area, which mean a loss of potential money to Strebe. Mr. Schlamm stated that the, issue is not whether Wessman needs the easement, but that it is cheaper for him than taking it from his own property. There were no further appearances, and the hearing was closed. Director of Redevelopment stated that the Resolution of Necessity requires a 4/5 vote of the Agency; that it would not close the ability to continue negotiating, and he would intend to do so "up to the courthouse steps. " Tom Stoever, special Agency counse'I > L000 Sunset, Los e Angeles, stated that the attorneys for thie property owners have presented their positions; that the Agency may now exercise its discretion; that he does not agree with their opinions that statutory presumptions will not apply; that he believes they do apply; and is entirely defensible, legally. Councilmember Broich stated that he was not familiar with all of the plans, and wished more time in which to study the plans, and details. He moved to table the matter until July 6; said motion was seconded by Bono. In answer to question by the Agency, the Director stated that there is no immediate critical date. The tabling motion was unanimously carried. LEGISLATIVE ACTION: 2. SUB-REGIONAL RETAIL MALL Recommendation: That the ' Agency approve an exclusive agreement with Galleria Partners to negotiate the development of a sub-regional retail mall in the City of Palm Springs. Director of Redevelopment reviewed his report, which was reviewed in detail a the last study session, along with presentation by William Stone, one of the partners; and that the center would mainly, serve the local population. Resolution 535, as recommended, was presented; after which, it was moved by Foster, seconded by Neel , and unanimously carried, that Resolution 535 be adopted. CRA Minutes 6-15-88 Page 6 �)72 3. BUDGET ADJUSTMENT - PA5 - FRANCES WINTER Recommendation: That the Agency amend the budget to appropriate $4,000 to cover additional Agency legal costs incurred in settling Miss Winter' s litigation. Report highlighted by Director of Redevelopment. Resolution 536, as recommended, was presented; after which, it was moved by Apfelbaum, seconded by Broich, and unanimously carried, that Resolution 536 be adopted. 4. PA1B2 - CENTER BELARDO LEASE Recommendation: That the Agency authorize the Executive Director to enter into a lease with Center Belardo for property at 395 North Palm Canyon Or (formerly the Texaco site) . Redevelopment Director reviewed his report, which was reviewed in detail at the last study session, and noted that the lease is consistent with the provisions of the owner participation agreement for the development of a retail restaurant complex for this and adjoining property; and that the term of the lease shall commence no later than September 1, 1988. Resolution 537, as recommended, was presented; after which, it was moved by Foster, seconded by Apfelbaum, and unanimously carried, that Resolution 537 be adopted - Agr #179. 5. PA7 - SELF-HELP PROGRAM ' Recommendation: That the Agency approve the purchase of six lots, in the Desert Highland Tract for use in the Self-Help Housing Program; and a seventh lot which is commercially zoned and is not suitable for a single-family residence, but is one of a package of three lots from the same owner. Director of Redevelopment highlighted his report, which was reviewed at the last study session, and stated that the lots range in price from $3,333 (package lots) to $6,900, for a total of $34,900 plus buyer's closing costs. Resolution 538, as recommended, was presented; after which, it was moved by Apfelbaum, seconded by Broich, and unanimously carried, that Resolution 538 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned to Monday, June 20, 1988, at 8 a.m. , in the Large Conference Room, City Hall . JUDITH' SUMICH Assistant Secretary MINUTES OF CITY COUNCIL MINUTES AND OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS JUNE 20, 1988 An Adjourned Regular Meeting of the City Council and of the Community Redevelopment Agency, of the City of Palm Springs, California, was called to order by Mayor/Chairman Bono, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Monda.y, ' June 20, 1988, at 8 a.m. ROLL CALL: Present: Council/ Agency Members Broich, Foster, Neel and Mayor Bono Absent: Council/Agency Member Apfeibaum REPORT OF POSTING OF AGENDA: Report of City Clerk: The agenda was posted in accordance with Council policy on Friday, June 17, 1988. PUBLIC COMMENTS: a) Jeremy Crocker stated that taxation is destructive no matter how it is applied, and recommended "plugging the leaks. " He stated that redevelopment has drawn $3.9 million which otherwise would have gone for General Fund purposes; that redevelopment funds have been wasted, i .e. , on the auto park, the Palm Canyon Plaza Hotel , and the Renaissance Hotel ; that: if redevelopment funding is shrunk, more money will be available for municipal functions; that he questioned why SENCA should be required as an intermediary for development (East Area) when private ownership is ready to develop it, including street improvements, and for which $125,000 could be saved. that the Blue Ribbon Budget Committee recommended 1O% cuts and 90% increases, and he felt only the citizens can decide where cuts will be made; and that public officials and elected officials will not make the cuts, because of the electoral process. LEGISLATIVE ACTION: 1. 1988-89 BUDGET Consideration of documentation to adopt the budget for 1988-89, and other actions 'belated thereto. City Manager reported that the budget 'includes items shown on the recon- ciliation sheet, as follow up to items discussed at the budget work session. CRA Budget: Resolution 539 approving ', a budges; for the Community Redevelopment Agency of $41,208,966, was presented; after which, it was moved by Foster, seconded by Broich, and unanimously carried, Apfelbaum absent, that Resolution 539 be adopted. ADJOURNMENT There being no further business Chairman declared the meeting adjourned to Tuesday, July 5, 1988, at 7 :30 p.m. , in the Council Chamber. JUDITH SUMICH Assistant Secretary (174 MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS JULY 5, 1988 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 Tuesday, July 5, 1988, 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 Minutes of June 1, 15, and 20, 1988, be approved. PUBLIC COMMENTS: a) Alan Perrier, representing Earl Strebe, requested to be allowed to speak when Item 1 of the Community Redevelopment Agency came before the Agency. LEGISLATIVE ACTION: 1. PA1B7 - PLAZA DE LAS FLORES - RESOLUTION OF NECESSITY On June 15 the Agency concluded public hearings on Resolution of Necessity to acquire two parcels (Strebe and Plaza Investment) , and tabled action to this date. Director of Redevelopment reported that the Central Business District Redevelopment Project Plan was adopted in July 1973; and briefly stated the history, and noted that the issue at hand tonight was to deal only with Louise's Pantry; that the Building and Fire Code prohibited achieving the plan that was proposed, therefore, the easements were dropped from consideration, that the revised Resolution did not recommend demolishing the Pantry; that Mr. Strebe prefers to sell the site to the City, but he wants $3 Million and the Agency is offering $1 Million; that this matter has been continued a . number of times, and that the easement involved should diminish the original purchase to an acquisition; and that there has been public hearing twice, and if it was to be opened again, the discussion should be limited to only the parcel under consideration. Chairman re-opened the item to Public Hearing. Allen Perrier, 3001 Tahquitz-McCallum, representing Mr. Strebe, requested a continuance, but if not granted, he would continue his remarks. ' Chairman stated that it was up to the Agency, but that Mr. Perrier should continue his comments. (17 5 CRA Minutes 7-5-88, Page 2 1. PA1B7 (Continued) Mr. Perrier stated that with respect 'to the easements on the Plaza property, significant changes were being made, and no offer had been made on behalf of the City concerning Louises ' Pantry; that there would be no jeapordy to the City for a continuance; that Mr. Feenstra was incorrect on his facts, concerning the property; that if Mr. Strebe is backed into a corner, it will mean a battle which could have been avoided; that three people concerned were not aware of all the facts concerning the revised Resolution; and that a continuance should be granted. Bill James, 400 South Farrell Drive, also representing Mr. Strebe, stated that he did not know that the Pitts easements would be dropped from the Resolution, and he feels it is clear, if it goes to condemation, Mr. Wessman will not reimburse the City, and it will be the City who covers the costs. Director of Redevelopment stated that the last offer to Mr. Strebe included Louise's Pantry and the North corridor of the courtyard; that he was not certain if the two amounts were broken down, and that there has been a public hearing twice. City Attorney stated that because of the above statement, a continuance could be granted. Chairman stated that if all the facts were not certain at this time, a continuance should be granted. Councilmember Broich asked Mr. Wessman if another continuance would harm the project. Mr. Wessman, stated that the longer the Agency takes, the harder it makes it on him, and it is; possible to lose the bonds involved; that he considered Mr. Strebe a friend, but thought Mr. Strebe had a personal attachment to the property, and that he was not sure if an agreement would ever be reached; and that it had been one and one-half years, and although he keeps adding Mr. Strebe's suggestions, Mr. Strebe still objects. Chairman closed the hearing. It was moved by Broich, seconded by Foster, and unanimously carried, that this be continued to July, 20, 1988. 2. DEVELOPMENT AGREEMENT/HABER ENTERPRISES (PA 5) Recommendation: That the Council approve an agreement with Mel Haber Enterprises, Inc. , and authorize funding of EIR and schematic design studies for the development of a luxury apartment complex on 8.7 acres of land in the Oasis Redevelopment Project Area, generally between Tahquitz and Arenas, west of Cahui'Ila, PA5. �)76 CRA Minutes 7-5-88, Page 3 2. HABER ENTERPRISES (Continued) Note the following persons spoke under the Public Comments portion of the Agenda. ' Frank Tysen, 175 Cahuilla Road, quoted from Henry Ford, and stated that he didn 't care what was done in the City as long as it is attractive, and that the color was black. Sidney Phillips, 234 Alejo Road, stated that the opposition to highrise is increasing; that people do not want it; and that any attempt by the Council to approve it, will result in an initative on the ballot. Boller De Vioce, no address given, stated that Mr. Haber is trying to put the City "on the map", and to polish the name of Palm Springs. Charlotte Geyer, 18 Tiki Place, stated that Mr. Haber project is on Sacred Indian Land; nothing should be permitted to be built; that it would cause traffic hazards; that the property has poor water runoff; and that the City needed to keep Palm Springs the way it was. Mel Haber, 700 W. Stevens Road, stated that his agreement was drawn up at the suggestion of the Redevelopment Agency. Harold Pressman, 790 Via Vadera, stated his opinion that all the concerned citizens oppose construction in the ' desert, especially highrise; and that he moved from Los Angeles, and would not have done so, if he knew that Palm Springs would become a metropolis. Don Frank, 550 Cahuilla Road, stated that the Southwest Tahquitz area is a piece of land that tourists are fascinated by; and children are cautioned to walk carefully around the area, because a great chief is buried there, and respect must be shown. He warned the City not to violate the land but to commemorate it. George Goldberg, Palm Springs, stated that he was not sure if Palm Springs is a charming City, that the City is in a sad state of affairs, and he felt building height limit should be restricted to 30 feet, or three stories; and that he would continue on other recommendations he has for the City at the next meeting. Robert Weithorn, 261 S. Belardo Road, requested that any construction be computable with the environment, and other buildings in the area; that anything high would tower above the downtown area; and that the Agency should give a great deal of thought to the burial grounds, traffic, and to the view impact of the Haber proposal . ' Shirley Barker, 1111 E. Ramon Road, stated that she is opposed to highrise; and that if the City had money to give away to developers it should buy the "traversty on Avenida Caballeros," and turn it into something decent for the seniors. e* aa.y CRA Minutes 7-5-88, Page 4 2. HABER ENTERPRISES (Continued) Rose Mahata, 468 W. Tahquitz, distributed a letter from Indian Affairs, and stated that concerning Mel Habers' project, that traffic at the height of the season is so bad there, that there has been one there, that if money is given for the project it should go to a traffic study, and felt that the City should consider the plea of the people. Juliana, 5300 Waverly, stated that she is in real estate and has lived here since 1979, and stated from her personal experiences in Indian Wells, no matter what is built on the Haber Property, it will have flood problems. Ery Green, 421 Santa Rosa Dr. , stated that it should be clear, that a traffic study has been ordered, that this area is a "B" flood area, and will be protected; that the proposal should not be considered as highrise, and it is not different than anything else that has been erected; that all areas should be explored for the good of the community; that the City needs to get away from the "T-shirt and ice cream parlor people" and get the "Gucci people" back. Dee Dee Stone, 142 E. Lake, stated that nature can not be out done; that people ,should not feel that they can glorify the mountains; and it is nature that sells Palm Springs, not buildings. Director of Redevelopment reviewed his report, given in detail at the study session and stated that any design over 34 feet in height would have to come to Council ; that any remains disturbed would go to the Indian Burial grounds; and that regarding the concern of flood control , that the Redevelopment Agency should help fund the project. Chairman stated that Mr. Haber himself- decided against the five-story complex; that he has a right to develop the property; that he commended him for trying to work with the City; and that he thought it was nice for everyone to work together. Resolution 540 authorizing, funding the EIR and schematic design studies, as recommended; and Resolution 541, amending the budget as recommended, were presented; after which, it was moved by Apfelbaum, seconded by Foster, and unamiously carried, that Resolution 540 and 541, be adopted. 078 CRA Minutes 7-5-88, Page 5 3. APPROVAL OF CONTINUING APPROPRIATIONS Recommendation: That the Agency authorize the City' s Finance Department to continue appropriations from the 1987-88 budget into the 1988-89 fiscal year for projects not completed. Director of Finance reviewed his report, and stated that this type of item is brought before the Agency each year; that $1.3 million in projects were not completed, and are recommended to be carried over; and that they have been incorporated into the budget. Resolution 542 continuing appropriations as recommended, was presented; after which, it was moved by Broich, seconded by Foster, and unanimously carried, that Resolution 542 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. PATRICIA A. BODE Acting Assistant Secretary 1 079 MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS JULY 6, 1988 The Regular Meeting of the Community Redevelopment: Agency of the City of Palm Springs, California, scheduled for July 6, 1988, at 7:30 p.m. , in the City Council Chamber, was; adjourned by the Assistant Secretary, due to lack of a quorum. ROLL CALL: Present: None Absent: Agency Members Apfelbaum, Brooch, Foster, Neel and Mayor Bono �,__JUDITH SUMICH Assistant Secretary 080 MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS JULY 20, 1988 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 20, 1988, at 7:30 p.m. ROLL CALL: Present: Agency Member Apfelbaum, Broich, Foster, Neel and Chairman Bono Absent: None PUBLIC COMMENTS: a) Deyna Hodges, 2122 E. Baristo, requested that the Agency delay action on Item 3, and notify the neighbors of the proposed development. She stated that she contacted several people in the area, and was advised that they were not notified of the project; that the Agency should give careful consideration to request to eliminate tax revenues in favor of the project; and that it appears that if agreement is reached, there will be an obligation on the City's part, and no opportunity to change its position later. LEGISLATIVE ACTION: PA1 - RESOLUTION OF NECESSITY Consideration of Resolution of Necessity for the Strebe property (Louise's Pantry portion) continued from July 5, 1988. Redevelopment Director reported that the only parcel under consideration at this time is the portion of the Strebe property relating to Louise's Pantry; and that if anyone representing the owners wished to speak, they should be allowed to do so. Chairman inquired if anyone wished to be heard; there were no appearances; and the hearing was closed. Redevelopment Director reported that Allen Perrier, representing Mr. Strebe, submitted a letter this date, and he joined in his request (last paragraph of the letter on file with the City Clerk) , and stated that it is entirely appropriate for the Agency to consider those items, and, additionally, all of the public hearings and evidence produced in connection with the those matters, and all other aspects of the Central Business District Redevelopment project and the Plaza de las Flores project; that the historical background and volumes of professional reports and studies relating to all aspects of the CBD Redevelopment Project are deemed to be before the Agency, and it may properly be considered in these proceedings; and he recommended adoption of the proposed resolution of necessity. Resolution 543 determining necessity and seeking prejudgment order for possession, as recommended, was presented; after which, it was moved by Apfelbaum, seconded by Neel , and unanimously carried, that Resolution 543 be adopted. 4, . CRA Minutes O 1 7-20-88 Page 2 2. PA9 - PRELIMINARY PLAN Recommendation: That the Agency receive the preliminary plan, and authorize transmittal of Project Area boundary map and legal description to variois agencies. This matter was reviewed in detail at the last study session; report was highlighted by Redevelopment Director. Resolution 544, as recommended, was presented; after which, O it was moved by Apfelbaum, seconded by Neel , and unanimously carried, that Resolution 544 be adopted. 3. PA1B14 & 15 - PALM COURT Recommendation: That the Agency approve MOU with Stanwill Companies for the development of a mixed-use project on property north of Chino Drive Agr #__. Redevelopment Director reported that there are a number of issues on the agreement which need to be resolved, and recommended 'that the matter be delayed until August 3. He stated that he had meetings with the neighbors in December, 1987, and will be meeting with them as the project proceeds; that plans have not been submitted, which will proceed under a ,planned development district, and there will be public hearings; that the proposed action hammers out deal points. Executive Director stated that it is not unusual for a project to reach a point before it proceeds any further that the Agency must decide whether to commit to assisting in the project, which does not mean that such action takes the place of the City Council 's approval process; and o that the assistance would not come from existing dollars, but from money that would be generated by the project if it became a reality. Redevelopment Director reported that the Council wanted major projects to be considerate of density in that area; that the project fits well into that neighborhood, but because of the high land and construction costs, a substantial assistance is needed from the Agency, via the funds from the project. It was moved by Neel , seconded by Apfelbaum, and unanimously carried, that this matter be continued to August 3, 1988. 4. CONSULTANT - KEYSER MARSTON ASSOCIATES Recommendation: That the 'Agency approve amendment to agreement for economic analysis and related consulting services, on an as-needed basis, for an increase of $15,000 - A174. Redevelopment Director highlighted his report, which was reviewed in detail at the last: study session. Resolution 545, as recommended, was presented; after which, it was moved by Apfelbaum, seconded by Foster, and carried by the following vote, that Resolution 545 tie adopted: AYES: Apfelbaum, Foster, Neel & Bono NO: Broich ABSENT: None ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. �=SUDITH SUMICH Assistant Secretary MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS AUGUST 3, 1988 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, was called to order by Chairman Bogert, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, August 3, 1988, at 7:30 p.m. ROLL CALL: Present: Agency Members Apfelbaum, Broich, Foster, Neel and Mayor Bono Absent: Member Apfelbaum PUBLIC COMMENTS: None LEGISLATIVE ACTION: 1. PAIB14 AND 15 - PALM COURT Res approving MOU with Stanwill Companies for the development of a mixed-use project on property north of Chino Drive, was continued from July 20, 1988. Matter notready for action; to be delayed. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned to Tuesday, August 9, 1988, at 2 p.m. , in the Large Conference Room, City Hall . ' L .' ' JUDITH SUMICH Assistant Secretary MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS AUGUST 9, 1988 An Adjourned Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, was called to order by Chairman Bogert, in the Large Conference Room, 3200 Tahquitz-McCallum Way, on Tuesday, August 9, 1988, at 2 p.m. ROLL CALL: Present: Agency Members Apfelbaum, Broich, Neel and Mayor Bono Absent: Agency Member Foster PUBLIC COMMENTS: None a) Patty Eagan, representing Mr. & Mrs. Fairchild, requested that the Council delay any action on the development on Belardo 'Road, until residence return in the Fall , and neighbors are informed about the proposal . Redevelopment Director 'indicated that the project is the Palm Court, and the Agency continued the matter at its last regular meeting, and the subject is not a part of this meeting. LEGISLATIVE ACTION: 1. PA1B1 - MONTE VISTA HOTEL GROMAN MOU Recommendation: That the Agency approve a lease purchase agreement with Frank and John Miller for the Monte Vista Hotel property; and MOU with Stanton and Richard Groman concerning purchase of the property. Redevelopment Director recommended that the Agency only approve the agreement with the Millers at this time, who will help in making the transition over the next six months. He stated that the resolution would be revised to include only approval of the Miller document, and authorization for signatures. Chairman stated that Mr. Groman donated the space he used for his campaign headquarters, north of the hotel , and questioned if he had a conflict. City Attorney stated that there is some question whether campaign funds constitute income, and recommended that until the answer is obtained from the FPPC, that he abstain. Resolution 546, as revised,', approving agreement with the Millers, as recommended, was presented; afi:er which, it was moved by Apfelbaum, seconded by Neel , and unanimously carried, Foster absent and Bono abstaining, that R546 be adopted. 084 Cra Minutes 8-9-88 Page 2 2. PA1B2 - MORRISON BUILDING RENOVATION Recommendation: That the Agency award a contract for the renovation of the Morrison building to Fort McConnell Construction Co. , for $28,765 - Agr #182. ' Purchasing Manager reported that bids were sent to 35 contractors, and only one bid was received; funds are included in the CBD Project Area fund. Redevelopment Director displayed a rendering of the proposed exterior; and stated that both the Planning Commission and AAC commended it for preserving the structure. Resolution 547, awarding the contract, was presented; after which, it was moved by Apfelbaum, seconded by Broich, and unanimously carried, Foster absent, that R547 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. 'JUDITH SUMICH Assistant Secretary 1 (�85 MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS AUGUST 17, 1988 The Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, California, of August 17, 19138, was not held due to lack of a quorum. ROLL CALL: Present: None Absent: Members Apfelbaum, Broich, Foster, Neel and Mayor Bono L�AVITH SUMICH City Clerk O NG hV_ MINUTES OF COMNJUK TV REDEVELOPMENT AGENCY CITY OF PALM SPRINGS SEPTEMBER 7, 1908 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs was tailed to order by Vice-Chairman Apfelbaum in the Council Chamber, 3200 Tahguitz-McCalluw Way, on Wednesday, September 7, 1988, 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 Poster, and unanimously carried, Bono absent, that the Minutes of July 5, 6, and 20, and August 3, 9 and 1.7, 1988 be approved. PUBLIC COMMENTS: (3-minute limit per person) a) Jeremy Crocker, 330 W. Arenas Road, commented regarding funding the Palm Court project, and dump site contract, and distributed a handout to the audience, showing on one side an excerpt from the Treasurer's Monthly Investment Summary, and on the other side, showing his graphing of those figures and his interpretation of i:hern; and stated that the City cured its stated deficit problem by imposing the utility tax, which raised reserve 'Funds; that the City moves money from one fund to another when it desires to do so (it says it cannot do so) , and the economics of the town suffers, ' and saps it and reduces what the City is seeking to obtain (economic rejuvenation). b) George Goldberg, Pala' Springs, questioned if the contractor in Item 5 holds a valid contractor's license for the work to be performed. LEGISLATIVE ITEMS: I. PA5B1 - MEL HABER Recommendation: That the Agency approve contracts for professional services related to preparation of an EIR for the Haber project at the western terminus of Tahquitz Way, with Terra Nova Planning & Research for $15,500 plus printing and reimbursables - Agr 0183; and with Cultural Systems Resources, Inc. for $8,650 - Agr #1134; and letter agreement with Robert Altevers Associate for design services for the Haber project, for an amount not to exceed $10,000 Agr #185. Redevelopment Planner reviewed memorandum of Redevelopment Director, and stated that the three contracts are follow-up to previous Agency discussion and within budget allocation. ' Agency Member Broich stated that the action meets discus- sions with COPS (Citizens of Palm Springs) Committee. Resolution 548, approving Terra Nova and Cultural Systems agreements, and Resolution 549, approving Altevers agree- ment, were presented; after which, it was moved by Broich, seconded by Foster, and unanimously carried, that R518 and R549 be adopted. CRA PHnutes 087 9.-1.•800 Page 2 2. PA8B15 • CARVER Recommendation: That the Agency grant- a six-month extension to the Carver Compariies for an exclessive :Fight to negot-la'te for the redevelopment of the Alpha Beta Shopping Center. Redevelopment Planner stated that; the extension is Consis-t wi't,h the objectives o F the deal points or a future part,icipa't'ion agire ament; and recommended 'gnat deve'Yoper be permitted the additional time frame to finalize the ef'Vert. Resolution 550 approving e,;tension as recommended, was presented, after which, it was moved by Foster, seconded by Neel , and unanimously carried, 'that R550 be adopted. 3. PA1 ANDREAS ROAD H!A-KWAV: Recommendation: That the Agency increase its contract with TKD Associates For design services by $20,000, Agr 161. Redevelopment Planner reported that, subsequent to Agency's approval of contract for overall design concepts, direction was given to prepare final plans and spec-ifica'tions for Phase I of the projects that detailed drawings entailed work beyond the original contract scope, and caused the total to exceed the original amount by $15,000; and that an additional $5,000 is requested to cover modifications which may be necessary in order to rebid the project. In answer to question by the Agency, Redevelopment Planner stated 'that the project will probably proceed bebore next Spring, and the staft is ' coorciinat:ing the Engineering staff to coordinate the bid date. Resolution 551 approvinng the increase as recommended., was presented; after which, it was moved by Neel , seconded by roster, and unanimously carried, Bono absent, that R551 be adopted. 4. PA1B11 - DUMP SITE Recommendation: That the Agency approve letter agreement. with Leighton 8 Associates for soil testing services related to removal of a portion of the foriner city dump site, for :$5,680 Agr ir`186, Redevelopment Planner reported that the work relates to a project for removal of debris from the site, which has been mandated by the South, Coast Air Quality Management District; and that the tests are required to monitor soil contamination and the presence of methane gas„ Resolution 552, approving agreement, as recommended was presented; after which, it '!was moved by Poster, seconded by Neel , and unanimously carried, Bono absent, that R552 be adopted. 5. PA3B12 - DEMOLITION ITION Recommendation: That the Agency approve a contract with Accurate Maintenance Company for demolition and clearance of property at 1.211 S. Palm Canyon; and amend the budget to appropriate $10,000, Agr 4p187. Redevelopment Planner reported that the building is in a deteriorated state, and the Agency would not be reimbursed for its demolition; that the parcel is Indian-owned land, and there is no objection from the BIA; and that the removal (1�3� CRA Minutes 9. 7-83 Page 3 5. ®A3C12 (Continued) of the buiiding e-rill eliminate an. eyesore in aro otherwise nice area. foe stated that the contractor is on the ?is's of approved contractors. Resolution 553, approving the contract; and Resolution 554 amending the budget, °,,°'ere presented; aeter which, it was moved by Broich, seconded by Foster, and unanimously carried. Bono absent, that R553 be adopters. S. PA1014m15 m PALM COURT Recommendation: That the Agency establish elements of an dtiOU for City and developer responsibilities for develop- ing a mixed-use project on the NN comer of Alejo and North Palm Canyo. Redevelopment Planner reported that 'the proposal is the first stage on action on the project; that the eleaaevy' s are very general , and relate mostly to assisting the developer in acquiring a third parcel at the developer's expense, conveying Agency owned property in return For an equity position, pledging 90% of tax increment revenues and 50% of sales 'tax revenue to pass through to the developer, not to exceed 1.2 years; and receipt by the Agency of a proportionate share of the profit from the sale of the project. He started that the North palm Canyon Advisory Committee recommended including three points, wplich are detailed in the supplemental memorandum which was distributed, and is on File with the City Clerk, particularly, that the Agency's support be limited to $2.7 million, or 12 years, whichever comes first. Executive Director noted that the Committee is no't within the same Redevelopment Project Area, that the 1.2 year limit is implicit, and it was intended to limit: it to that time; that once a. less than 12% return evolves, the question arises as to why anyone would put up money with such risks attached, when they could get 8-10% in other forms of investment at guaranteed rates; that the Agency spent a lot of 'time in working -toward a secure position -For the City, and he was not certain iF it could push the developer Further, without losing the project; and noted that all new room tax revenues would go to the City's Community Promotion Fund. Councilmember 6roich stated that he did not like the sales tau revenues going into the project. Councilmember Foster stated that the Agency has studied this matter in depth; that he believes the project will be a great boost for the community; that he sloes not 1 iP<e giving back a portion of the sales tax, but he did not think the project would happen without some help from the City; that many different ways of making up the money were examined; and that use of the sales tax in this fashion should not be looked at as a precedence. Councilmember Neel stated that the project -is one of -the best to happen here for many years; and that the developer will not, start it until the site is -Fully leased. (18 � CRA Minutes 9-7-88 Page 4 5. PAIB14-15 (Continuad) Ccuncilmember ApFeibaum stated that i1t w'iII provide incentives for downtown, that the design and Iocatioun are outstavndin„ 'that downtown will not be ;•ejuvenated without taking some risks; and tdvat the Agency gets a portion of the equity. Councilmember Foster seated that the developer has said that they will not steal tenants From other rentals down- town. City Manager stated that reJuvenatirng older areas Usually means higher density -in order, to ofFset the cost Of getting back to bare land and scanting over, and to provide a return on investment; and that in order to maintain loom density, which has a. been a goal of the Council , developer assistance is needed in order to assure a Fair return. Resolution 555, establishing dements of MOU as recOffiMnded, was presented, alter which, it was moved by Foster, seconded by Neel , and carried by the following vote, that R555 be adopted: AYES: Apfelbaum, Foster anti' Neel NO: Broich ABSENT: Bono 7. PAIB1 - MONTE VISTA HOTEL, EMPLOYEE MANAGEMENT CONTRACT Recommendation: That the Agency approve a personal services contract wi th Louise FUl ler ., to -manage the hotel for one year Agr #188. Redevelopment Planner reported that the action is a follow.. Up to the Agency acquiring -the hotel , and the person will be working for the Agency, - hat she has managed the hotel , and is aware of the systems in place. Resolution 556, as recommended, was presented, after ^which, it was moved by Broich, seconded by Neel , avid unanimously carried, Bono absent, that i556 be adopted. 8. PA4B11 - FORMER DUMP SITE Recommendation° That the Agency award bid For removal of debris at the former dump site to Underground Unl iuniited for $126,000 - Agr 189. Redevelopment Planner stated that the removal of debris viiII render the site acceptable For development, that a budget was developed two years ago to include the work, subject to owner participa't,ion agreement, that bids were solicited, that the work is mandated by the South Coast Air Quality Management District, avid includes washing debris -From the trucks to ' avoid contamination; that 'the participation agreement provides for repayment through sales La;: incremevat, that the va-ius of the second parcel , which is not covered by a participation agreement, is enhanced,and will have added '!value to 'the selling price. Resolution 557, awarding bid', as recommended, was presented; after which, it was moved ', by Neel , seconded by Foster, and unanimously carried, Bono absent, that R557 be adopted. (190 CRA Minutes 9-7-88 Page a 9. COUNTY HOUSING AUTHORITY Recommendation: That the Agency approve agreements with the County Housing Authority, regarding a county-wide bond issue for low income housing; Ve. , a cooperation Agrr 190; and agreement concerningpledge of tax increment funds - Redevelopment Planner stated that this matter was discussed in WWI at study session in August with -the Satecs tive Director oG the Housing Authority; that the Authority is working on a bond issue to construct low and moderate income rentals; that there is no profit incentive to sell the unit; that, the Agency is being asked for $225,000 as its share of the assurances on the bound, that the issue is for S0 million; that there are 150-200 units proposed in Palm Springs; that repayment will be used as a revolving type fund for producing additional units at to later date, that the Agency and the City would reserve the right to work with the Authority to choose the sites, on which there must be mutual agreement; that no other funds will be diverted for this purpose; and that the Authority has a long record of successful projects W this type. Resolution Deb, approving both agreements, was presented, after which, it was moved by 8roich, seconded by Roster, and unanimously carried, Bono absent, that R558 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. - r - AUDITH SUMICH Assistant Secretary 1 091 MINUTES OF CITY OF PALM SPRINGS REDEVELOPMENT AGENCY VIINUTES SEPTEMBER 13, 1903 A Regular Mee€;ang of tiao COMVI ity Redevelcpment Rgency of the City of pale Springs, was called to order by Vice-Chairman Apfelbaum, -in the Large Conferonce Room, 3200 Hay, on Euesdray, September 13, 1933 at 2 p.m. ROLL CALL. Present: Agency Ne:robers Apfelbaum, Broich, foster, and Neel . Absent: Chairman Bono REPORT OF POSTING OF AGENDA: Report of City Clerk: Agenda posted in accordance with Council policy on September 9, '1983. LEGISLATIVE ACTION: a; DE1iOLITION Of 12?1 SOUTH PALM CANYON PA3B12: Recommendation- That 'i.he Agency rescind contract with Accurate Maintenance, and award contract to Lorenzo's Cleaning Service for the demolition of the structure at 1211 South Palm Canyon Drive., Redevelopment Director highlighted the staff report. Councilmember Broich stated that George Goldberg should be complimented for checking validity of 'the contractor's licenses. Resolution 55 9 rescinding Resolution 553 which awarded contract to Accurate Management Company, for desolation and clearance of property at 1211 S. Palm Canyon and Resolution 560, approving contract with Lorenzo's Cleaning Service for said work, demolition and clearance of property at 121I S. Palm Canyon Dr. were presented; after which, it was moved by Broich, seconded by poster, and uroauaimously carried, that Resolutions 55£3 and 559 be adopted. PUBLIC COMMENTS: a) James Stuart commented that the North Palen Canyon Project Area Committee recommended than the $750,000 for the Palm Court property should either be paid, or a 22% interest rate be levied. ADJOURNMENT There being no further business, Vice-Chairman declared the meeting adjourned to Study Session. IRICIA A. BODE Acting Assistant Secretary (}'9.1 MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS SEPTEMBER 21, 1988 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 21, 1988, at 7:30 p.m. ' ROLL CALL: Present: Agency Members Apfelbaum, Broich, Foster, Neel and Chairman Bono Absent. None PUBLIC COMMENTS: None LEGISLATIVE ITEMS: 1. PA 7 - SELF-HELP HOUSING Recommendation: That the Agency approve a quitclaim deed for six lots involved in the self-help housing program to the Coachella Valley Housing Coalition. Report reviewed by Redevelopment Specialist. Resolution 561, as recommended, was presented; after which, it was moved by Apfelbaum, seconded by Neel , and unanimously carried, that R561 be adopted. 2. PA1B1 (MONTE VISTA HOTEL)- PERSONAL SERVICES CONTRACT Recommendation: That the Agency approve personal service ' contract with Dorothy Marie Green to assist in the management of the Monte Vista Hotel , for one year, for $7,800 - Agr #192. Report reviewed by Redevelopment Specialist. Resolution 562, as recommended, was presented; after which, it was moved by Apfelbaum, seconded by Neel , and unanimously carried, that R562 be adopted. 3. PA8 & 9 - LOANS/BARISTO-FARRELL AND PROJECT 9 Recommendation: That the Agency accept a $60,700 loan from the General Fund to provide funding for certain costs for the Baristo-Farrell Project Area ; accept a $35,000 loan from the General fund to provide funding for certain costs for the Project #9 Redevelopment Project Area; and amend the budget for the 1988 89 Fiscal Year to account for the funds. Report reviewed by Redevelopment Specialist. and 566 Resolution 563, 564 and 565/as recommended, were presented, after which, it was moved by Apfelbaum, seconded by Neel , and unanimously carried, that R563 through R566 be adopted. ADJOURNMENT ' There being no further business, Chairman declared the meeting adjourned. JUDITH SUMICH Assistant Secretary 093 COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS OCTOBER 5, 1988 A Regular Meeting of the Community Rede,,:elopment Agency of the City of Palm Springs, California, was called to order by Chairman Bono, in the Council Chambers, 3200 Tahquitz-•McCallum Way, our ddednesday, October 5, 1988, at 6:30 p.•rn. 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 September 7 & 13, 1988, be approved. PUBLIC COMMENTS: None LEGISLATIVE ITEMS: 1. PA1 - PALM CANYON DRIVE SHOPPERS' GUIDE Recommendations: That the Agency approve an allocation of $10,000 towards the printing of 40,000 shoppers guides of Palm Canyon Drive for distribution to area tourists. Agency Member Apfelbaum stated she would abstain due to a client relationship. Redevelopment Director stated that this would be a one O time project; that the Palm Springs Now previously expended $3,500 to prepare a brochure publicizing the downtown area; that John Stiles had made a presentation to the Economic Development Commission, and it recommends that the Agency participate in the project; that the funds would come from savings on the Indian Avenue Landscape Project; and that the roster of stores in the guide will be updated prior to mass production. Resolution 567 approving an allocation of $10,000 as recommended, was presented; after which; it was moved by Broich, seconded by Foster, and unanimously carried, Apfelbaum abstaining, that Resolution 567 be adopted. 2. PA9 - PAC Recommendation: That the Council approve the formation of a five-member Project Area Committee (PAC) in the proposed Project. Area 9 to obtain advice on planning and provision of residential facilities, or replacement housing, for those persons displaced; and on other matters which affect the residents of the project area; and adopt rules and regulations therefore. He stated the terms shall apply through the period of !preparation of the Redevelopment Plan, and for three years; after its adoption; that the composition of the membership should include residential owner occupants, tenantoccupants, businesspersons in the area, and/or representatives of organizations serving the area. o94 t1HA nutoS 10-5-88, Page Councilmembers Foster and Neel stated they would abstain due to real property interests. Redevelopment Project Manager, ;)ohn TereII reviewed the ' staff report and stated that appointments to the committee will be advertised to the public and a mixture of homeowners, business owners, and tenants of the area is desired. Resolution 16598 approving the formation of a PAC, as recommended, was presented; after which, it was moved by Apfelbaum, seconded by €troich, and unanimously carried, Foster and Neel abstaining, that Resolution 16590 be adopted. ADJOURNMENT PATRICIA A. BODE Acting Assistant Secretary 1 MINUTES OF o0 5 COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS OCIOBER 19, 1988 A Regular fleeting of the Community Redevelopment Agency of the City of Palm Springs, was tailed to order by Chairman Bono, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, October 19, 1988. ROLL CALL: Present: Agency Members Apfelbaum, Broich, Foster, Neel and Chairman Bono Absent: None APPROVAL OF MINUTES: It was moved by Apfelbaum, seconded by Neel , and unanimously carried, that: the Minutes of September 21, 1988 be approved. PUBLIC COMMENTS: a) Deyna Hodges, 2122 E. Baristo, reminded that the Agency that it paid over �500,000 for the Casa del Camino property, via a loan from the General Fund, and questioned whether the violations would have been discovered if Mr. Holmquist had fulfilled his obligation, whether the violations existed at the time of purchase, and whether an alternate use of the building has been considered. She suggested that charitable organizations be contacted, who might be interested in operating facilities in Coachella Valley, in exchange for maintaining the premises, e.g. , homeless, battered women and children, AIDS; and that neither a boarded building, nor a vacant lot is desired. LEGISLATIVE ACTION: 1. PA3 - PALM CANYON PLAZA HOTEL Recommendation: That the Agency approve amendments to the trust indentures for the project certificates of participation to extend certain deadlines for use of the financing. Director of Redevelopment stated that the developer is still attempting to put a letter of credit together, and a six month extension would afford that opportunity. In answer to question by the Agency, he stated that if the Agency wanted to cancel the arrangement; the bonds would be redeemed, and the same bond issue would not be available to another developer. Executive Director stated that the law was changed, and this type of financing is no longer available. Resolution 568, as recommended, was presented; after which, it was moved by Apfelbaum, seconded by Foster, and unanimously carried, that R568 be adopted,. 096 CRA Minutes a 10-19=88 Page 2 2. PA6B2 - CASA DEL CAMINO Recommendation: That the Agenc cancel lease agreement 0159) with Theodore W. Holmquist for the Casa del Camino; and authorizing staff to seek bids for the demolition of the building. ' Director of Redevelopment reported that p p a the Agency purchased the property for $575,000, in order to combine it with the adjacent City.-owned property; that it came on the market at a favorable price; acid its combination with the other parcel would be about 3 acres for future development; that the lease with Holmquist was to bring the property up to some standard, and take it off the market until it could be joined with the other parcel ; that Mr. Holmquist was not able to make it a success, and still owes the Agency about $14,000; that people living in the project complained about conditions, and an inspection was made, and it was felt the building was not safe to continue to be used, and it would be best to relocate tenants, and board up the building; that a Sue Haddaway has submitted a letter asking to use the building for a nonprofit elderly care facility; that it would take $80,00-100,000 to make the building good, which she thinks could be accomplished through volunteers and non-union labor; that he is negotiating with a person who is interested in both parcels, and if concluded, the purchase price would be recovered; that the decision for demolition need not be made at this time, but he suggested ' that he be authorized to call for bids, and continue negotiations, as well as exploring Ms. Haddaway' s idea; and that the Agency would need to discuss whether that kind of use is desired. He stated that he contacted Catholic Charities to see if they were interested, but they did not have the money; and that he has not contacted others. He also stated that Mr. Holmquist has signed a trust deed against the Pepper Tree to assure payment of the amount owed the Agency (excludes lease payment default). In answer to question by Council , he stated that often a building has value to the existing owner, but not to the Agency, and it is not unusual to even sell the property for less than it pioirchasedit, in order to get the ultimately desired future development. Agency Member Apfelbaum stated that development on Palm Canyon is needed to increase the economy, to do the things the Council has been talking about, and supported following the recommendation, with understanding that there is a note by Mr. Holmquist covering the debt. In answer to question by the Agency, the Director of ' Redevelopment stated that if he is successful in negotiating the development of the site and adjacent reservoir site, he would not want to be restricted by a long term use of the site, and he would not object to a temporary use, but he has found that often groups find that it takes twice as much money as they thought, and usually want five years to amortize the investment. Resolution 569, as recommended, was presented; after which, it was moved by Apfelbaum, seconded by Neel , and unanimously carried, that R569 be adopted, and that the Director continue his negotiations, as well as exploring temporary use of the structure in line with the discussion. CRA Minutes 10-19-88 page 3 HEARING: JOINT HEARING SCHEDULE WITH THE CITY COUNCIL 3. PA187 - PLAZA DE LAS FLORES PARTICIPATION! AGREEMENT Recommendation: That the Agency/Council hold a public hearing on the consideration of a new owner participation agreement with the Wessman Development Company, which covers the same project, but also makes three substantive changes concerning escrow, time limit on acquisition, and right of first refusal . Executive Director reported that: the developer has requested, and the staff concurs, that this matter be continued to the next meeting. Chairman inquired if anyone wished to be heard, who would not be able to attend the next meeting; there were no appearances. It was moved by Foster, seconded by Neel , and unanimously carried, that the hearing be continued to November 2, 1988. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. JUDITH SUMICH Assistant Secretary 098 MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS NOVEMBER 2, 1988 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, November 2, 1988, 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 October 5 and 11, 1988, be approved. HEARING (JOINT HEARING WITH CITY COUNCIL) 1. PA1B7 - PLAZA DE LAS FLORES PARTICIPATION AGREEMENT Recommendation: That the Agency/Council hold a public hearing on the consideration of a new owner participation agreement with the Wessman Development Company, which covers the same project, but also makes three substantive changes concerning escrow, time limit on acquisition, and right of first refusal . ' Director of Redevelopment noted that the new agreement corrects an error in the description of the property to be acquired, provides for closing escrow immediately upon signing the agreement, and extends deadline for acquisition of the Willard and Louise's Pantry property, provides a right of first refusal to Wessman to purchase the Theater property if it is acquired, removes requirement to acquire easements over the theater property, provides an earlier relocation of tenants in the Willard property, and provides an interest free loan to the Agency to cover the relocation costs. Mayor/Chairman declared the hearing opened. Deyna Hodges, 2122 E. Baristo, President of the Save the Welwood Memorial Library Committee, stated that she was pleased there is a notation in the agreement about the lawsuit. She read paragraph 3.33 (Page 7) and stated that it is her understanding that the intent is to get the library property free of the deed restriction, however, the City has an obligation to fund the library under the terms of the deed, and the desire of the people in 1948; and she asked if plans have been submitted (referring to 3.4) , how the property will be remodelled, how it can be done concurrently with the project, and if the project will wait until the court decision on the appeal is rendered. She stated that she believes that the Council should have the final approval of all plans, and notjust "the city". John Wessman, 72200 Clancy Lane, Rancho Mirage, stated that the items Ms. Hodges referred to have always been a part of the agreement, and he is not agreeable to removal of them; that it was his understanding that if the �)99 CRA Minutes 11-2-88 Page 2 1. PA1B7 (Continued joint hearing) litigation is successful for the City, he will proceed with the plans which were previously submitted and approved by the Planning Commission, and in concept by the Council ; and if the appeal is not successful , there will not be any change to the library property. Don Liebling Frank, 550 N. Cahuilla, stated that he spoke on behalf of the Liebling Trust, and asked who owns the McCallum property now, and how much money has Mr. Wessman paid in cash to the City for it:. He stated that the Trust is concerned that the building is an eyesore, partially demolished, and trash bin encroaches into the street, and is a place where people ,are sleeping. He asked that the site be cleaned up, and security lights installed. There were no further appearances, and the hearing was closed. Redevelopment Director stated that the City owns the property; and that there has been $153,000 in an agency account for over one year, and the balance due upon closing of escrow. He stated that partial demolition began about 2 months ago, in order to look at the elementary structure of the building, to permit! the architect to complete the working drawings, and additional demolition will commence in about a week, as well as: early construction; that there are no changes in the agreement concerning the library gift deed, and nothing will change until the lawsuit is resolved. Resolution 570 (Agency) and Resolution 16607 (Council ) approving the agreement (#191 and #2634, respectively) as recommended, were presented; after which, it was moved by Broich, seconded by Foster, and unanimously carried, that R570 and R16607 be adopted. PUBLIC COMMENTS: None ADJOURNMENT There being no further business, Mayor/Chairman declared the meeting adjourned. JUD:ITH SUMICH Assistant Secretary 100 MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS NOVEMBER 16, 1988 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, ' November 16, 1988 ROLL CALL: Present: Agency Members Apfelbaum, Broich, Foster, Neel and Mayor Bono Absent: None APPROVAL OF MINUTES: It was moved by Neel , seconded by Broich, and unanimously carried, that the Minutes of October 19, 1988 be approved. PUBLIC COMMENTS: None LEGISLATIVE ACTION: 1. PA9 - REDEVELOPMENT PLAN & EIR Recommendation: That the Agency consent to joint public hearing on the adoption of the plan and certification of EIR; adopt relocation method; make declaration re low and moderate income housing outside of the area; and establish rules for owner participation. ' Redevelopment Coordinator highlighted report of Director of Economic Development, and stated that the hearing would be scheduled for December 21, and notice will be provided to property owners in the various sub-areas. Member Foster stated that he would abstain due to real property interests. Resolutions 571, 572, 573 and 574, as recommended, respectively, were presented; after which, it was moved by Broich, seconded by Neel , and unanimously carried, Foster abstaining, that R571 through 574 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. JUDITH SUMICH Assistant Secretary 1 U MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS DECEMBER 7, 1988 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-McCalluin Way, on Wednesday, December 7, 1988, at 7:30 p.m. ROLL CALL: Present: Agency Members Apfelbaum, Broich, Foster, I and Neel Absent: Chairman Bono APPROVAL OF MINUTES: It was moved by Foster, seconded by Broich, and unanimously carried, Bono absent, that , the Minutes of November 2 & 16, 1988 be approved. PUBLIC COMMENTS - None LEGISLATIVE ACTION: 1. PA9 - REDEVELOPMENT PLAN Recommendation: That the Agency acknowledge receipt of the proposed redevelopment plan for the Palm Springs Redevelopment Project Area 9; and authorize its transmittal to the City Council , Planning Commission, Chief Administrative Officer of Riverside County, and other affected taxing agencies as may be required by law. Director of Economic Development reported that the plan was previously distributed at the study session, and stated that it consists of nine subareas. He also stated that the action at the last meeting was adopted, Foster abstaining and Bono absent, however, Member Neel also has a real property conflict, and will abstain on the action which will be recommended at the December 21 meeting. He recommended that in order to complete the action to establish the area by December 31, the City Council will be asked to hold an adjourned meeting for final adoption of the Ordinance. Resolution 575, as recommended, was preseni;ed; after which, it was moved by Broich, seconded by Apfelbaum, and unanimously carried, Foster and Neel abstaining, and Bono absent, that R575 be adopted. 2. PA1Bl4, 15, 16 - PALM COURT Recommendation: That the Agency approve an owner participation agreement with Stanwill Properties, Inc. , for the development of the Palm Court Project, located on the NE corner of Alejo and North Palm Canyon. Director of Economic Development requested that this matter be continued to December 31, in order to refine details of the agreement. It was moved by Foster, seconded by Broich, and unanimously carried, that this matter be continued to December 21, 1988. lU� CRA Minutes 12-7-88 Page 2 3. PA1B2 - MORRISON BUILDING TENANT LEASES Recommendation: That the Agency approve leases of the property, as follows: Keith Fratzke dba Cody's, 431 NPC, $400/mo, 3 years - A193; Karen E. Liston Page dba Melroze, 433 NPC, $450/mo, 3 years - A194; Grillo Colantoni dba Success Systems, 435 NPC, $400/mo, 1 year - A195; Robert Hockenberry, dba Hockenberry Gallery, 435 NPC, $500/October through June, $300/July through Sept. , 1 year - A196; Vincent Di Paola dba Vincent Beauty Salon, 439 NPC, $400/mo, 3 years - A197. Director of Economic Development stated that staff will work with the tenants to see if they are willing to stay open in the evening, and include that provision in the lease, with understanding that it can be withdrawn in the event other businesses in the area are not open. Resolutions 576 through 580, as recommended, respectively, were presented; after which, it was moved by Broich, seconded by Foster, and unanimously carried, Bono absent, that the leases be approved, subject to the effort to include condition to remain open in the evening. 4. PA269 - PALM SPRINGS PERFORMING ARTS - FEASIBILITY STUDY Recommendation: That the Agency authorize a contract with Cavan Associates not to exceed $65,000 for initial feasibility studies for the proposed performing arts/mixed use entertainment center; and amend the budget to provide ' funds. Executive Director reported that the P.S. Performing Arts has requested that this matter be continued, and recommended it be set over to December 21. It was moved by Broich, seconded by Foster, and unanimously carried, that this matter be continued to December 21, 1988. REPORTS - Received & Ordered Filed a) Financial Statement July - September, 1988 ADJOURNMENT There being no further business, Vice-Chairman declared the meeting adjourned. `-- JUDITH SUMICH Assistant Secretary MINUTES OF CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS DECEMBER 14, 1988 A Special Meeting of the Community Redevelopment Agency and of the City Council of the City of Palm Springs, California, was called to order by Mayor/Chairman Bono, in the Large Conference Room, City Hall , 3200 Tahquitz-McCallum Way, on Wednesday, December 14, 1988, at 5 p.m. ROLL CALL: Present: Council Agency Members Apfelbaum, Broich, Foster, Neel and Mayor/Chairmman Bono Absent: None LEGISLATIVE ACTION: 1. PA2 - PRAIRIE SCHOONER PROPERTY TRANSFER City Attorney stated that the meeting was properly noticed 24 hours preceding the meeting; and the purpose is to consider recommendation of bond counsel to transfer the title of ownership of the Prairier Schooner property - originally purchased in connection with the Convention Center site - from the Agency to the Public Facilities Corporation. He stated that when the property was first purchased, it was accepted in the name of the Agency, based on advice of the bond counsel at that time; that trust deed to First Interstate Bank includes the property, and it serves as security and payment on the bond; that the new bond counsel believes it should be in the name of the Public Facilities Corporation, and a quitclaim has been prepared to transfer O the title, which includes condition that the site will be subject to the terms of Agency Agrement No. 154 (P.S. Performing Arts) . Resolutions 581, authorizing the quitclaim, and Resolution 16648 concurring in action of the Agency, were presented; after which, it was moved by Foster, seconded by Broich, and unanimously carried, that Resolutions 581 and 16648 be adopted. ADJOURNMENT There being no further business, Mayor/Chairman declared the meeting adjourned. JUDITH SUMICH City Clerk and Assistant Secretary MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS DECEMBER 21, 1988 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, ' December 21, 1988, at 7:30 p.m. ROLL CALL: Present: Agency Members Apfelbaum, Broich, Foster, and Neel Absent: Chairman Bono JOINT PUBLIC HEARING WITH CITY COUNCIL 1. PROJECT AREA 9 - REDEVELOPMENT PLAN & EIR Mayor pro tem stated that the purpose of the meeting was to conduct a joint public hearing to consider and act upon the Redevelopment Plan, and to certification of the Final EIR for the above project area. City Attorney stated that a review of the disclosure state- ments for the Council/Agency Members indicates that due to real property interests, Members Foster and Neel will abstain from discussion and voting. He entered into the record documents as detailed in the narrative for the hearing, a copy of which is on file in the Office of the City Clerk. Mayor pro tem/Chairman explained the procedures to be ' followed for the conduct of the hearing and possible subse- quent Council/Agency actions. City Attorney made a statement of findings for adoption of the plan (detailed in said narrative). Roy Evans, Agency consultant, stated reasons for the proposed plan, indicated that there are nine non-contiguous areas, containing about 737 acres, selected on the evidence of blight. He described each of the areas, and the significant blighted condition, and improvement needed. He summarized the contents of the Report of the Agency to the Council . City Attorney submitted said Report of the Agency to the Council , and the Report of the Planning Commission as part of the record. Mr. Evans referred to and summarized the EIR, and noted that the life of the project is forty years, and has the potential of generating 6,450 new housing units, for a maximum population increase of 21,000, and will generate some severe traffic, water, and solid waste, however, the plan is only a financing mechanism, and the actual generator of such impacts will be specific projects which ' come forth, and which will require specific analysis and review and approval . City Attorney entered the EIR and related documents for the record. There were no questions. 104 CRA Minutes 21-21-88 Page 2 1. PA9 (Continued) Mr. Evans summarized the Redevelopment Plan. Dave McEwen, Vice-Chairman of the PAC and Director of Facilities Planning for the School District, stated that ' the committee met twice for orientation, review and recom- mendation, and unanimously support adoption of the Plan and EIR. Redevelopment Coordinator stated that five letters were received concerning the two documents, one asking for more information; two requesting exclusion from the project areas (to do so would create holes) ; and two in favor - one in Area B and one in Area F. City Attorney submitted final documents for the record (refer to narrative). Mayor/Chairman declared the hearing open. Persons speaking in favor: Nick Snyder, 72600 Fred Waring, Palm Desert, regarding TM 23662, spoke in favor, stating that his project is for low/moderate income housing, and unexpected flood control requirements and the costs associated therewith may cause the project to not proceed; and financial assistance from the Redevelopment Agency could mean continuing with the project. He stated that the drainage cost beyond the levee is $2,000-3,000 per unit. ' Carey Hellman, owner of the NW corner of Calle Roca and Calle Palo Fierro, stated that he could build 3 units and rent to low income persons - without a loan from the Agency - but requested that consideration be given to assistance via reduced permit fees. Persons speaking in opposition: Jeremy Crocker stated that the recitation of blight is only to form the district; that the South Palm Canyon project area has blight, but no action has been taken to correct it; that most Agency dollars are used for large hotel development, and the like; that there are no dollars available until the first year of the tax increment funds, which go to the Redevelopment Agency, and which reduces the ability of the General Fund to support (perform) normal functions. Ariel Calonne, Richards, Watson & Greshon, 330 Oak, Los Angeles, stated that he represented the City of Palm Desert, and submitted a letter from the City of Palm Desert, together with attachments, to the City Clerk for the record, expressing concerns and objections, and opinion that the Project Area is neither blighted nor predominantly urbanized ' within the meaning of those terms under the Community Redevelopment Law. Les Pricer, Municipal Services Consultant, submitted to the City Clerk a letter and materials from the City of Indian Wells expressing its objections to the formation of the Project Area. He stated that he also represents the CV Mosquito Abatement District and the CV Conservancy District, and neither have been notified of the proceedings, nor consulted with regard to the affect or negative impact on their fiscal status. l�r? CRA Minutes 12-21-88 Page 3 1. PA9 (Continued) There were no further appearances. It was moved by Broich, seconded by Apfelbaum, and unani- mously carried, Bono absent, and Foster and Neel abstaining, that the hearing be closed. City Manager/Executive Director stated that he had wished to question Mr. Calonne (who had left the Chamber) regarding statement about not meeting State Law regarding urbanized area (80%) and to point out that the total urbanized area is 82% in the proposed project area, while Palm Desert is proposing a project area containing only 18%, and to ask him how he can represent a city that is clearly under that 80% requirement, by charging that Palm Springs is not complying with the law. (refer to City Council minutes also for specific Council actions) Upon motions made by Broich, seconded by Apfelbaum, and unanimously carried, Bono absent, and Foster and Neel abstaining, the Following actions were taken: Agency: Res 582 certifying EIR; and Res 583 approving proposed plan and recommending adoption by City Council . Council : Res 16649 acknowledging receipt: of report and plan; Res 16650 approving final EIR; motion on written and oral objections to the Plan; and Ord for introduction and first reading adopting O the Redevelopment Plan. ADJOURN AS CITY COUNCIL: REMAIN IN SESSION AS REDEVELOPMENT AGENCY APPROVAL OF AGENCY MINUTES: It was moved by Broich, seconded by Foster, and unanimously carried, Bono absent, that the Minutes of December 7, 1988 be approved. PUBLIC COMMENTS (3-minute limit per person) a) Paul Jenke, 2365 Palermo, questioned) why the Agency should pay $50,000 For sidewalks (Item 3) when he had to pay for his own. Member Foster stated that the developer could install the standard sidewalk at his own expense, but since he is upgrading to decorative walks., the Agency was being asked to assist in the cost. He noted that in low income level areas, the cost of sidewalk and street improvements has been defrayed by the Agency. Executive Director reported that if it were not for the aesthetic considerations, the developer would be installing the standard grey sidewalk at his own expense; but the Agency is being asked to cover the amount in excess of that cost. City Attorney noted that cost to the Agency comes out of the tax increment that is generated by the project. 106 CRA Minutes 12-21-88 Page 4 LEGISLATIVE ITEMS: ' 2. NOT USED 3. PA6B10 - P.S. MEDICAL ARTS BUILDING Recommendation: That the Agency authorize payment up to $50,000 to Desert Professional Building Partners, Ltd. , for additional costs for decorative sidewalks at 1100 N. Palm Canyon; and amending the budget to appropriate necessary funds. Director of Economic Development reported that the Agency will review the final design of the sidewalks; and that the cost will be recovered in the first year's tax increment money. Resolution 584 and 535, as recommended, were presented; after which, it was moved by Neel , seconded by Foster, and unanimously carried, Bono absent, that R584 and 585 be adopted. 4. SUB-REGIONAL MALL - GALLERIA PARTNERS Recommendation: That the Agency approve 6-month extension of agreement with Galleria Partners for exclusive to negoti- ate for the development of a sub-regional mall - Agr #178. This item was reviewed in study session, and no further report was given. Resolution 586 approving the extension as recommended, was presented; after which, it was moved by Foster, seconded by Neel , and unanimously carried, Bono absent, that R586 be adopted. 5. PA2 FINANCING - AMENDED AGREEMENTS Recommendation: That the Agency approve amendments to the Amended and Restated Trust agreement, and to 11 separate amended and restated second installment sale agreements in connection with the 1984 Certificates of Participation (Headquarters Hotel Projects I-XI). Assistant City Manger stated that this item was reviewed at the last study ses- sion, and is basically a housekeeping matter. Resolution 587 as recommended, was presented; after which, Broich, seconded by Foster, and unanimously carried, Bono absent, that R587 be adopted. 6. PA3B5 Recommendation: That the Agency approve letter of intent with Dennis Illingworth for a theme restaurant-retail ' complex at 685-695 South Palm Canyon. Director of Economic Development highlighted his report, which was reviewed in detail at the last study session. Resolution 588 as recommended, was presented; after which, it was moved by Foster, seconded by Broich, and unanimously carried, Bono absent, that R588 be adopted - A199C. ADJOURNMENT There being no further business, Vice-Chairman declared the meeting adjourned. JUDITH SUMICH n. x