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HomeMy WebLinkAbout1/1/1986 - CRA MINUTES MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS JANUARY 8, 1986 An Adjourned 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, January 8, 1986, at 7:30 p.m. ROLL CALL: Present: Agency Members Birer, Foster, Maryanov, Smith & Chairman Bogert Absent: None APPROVAL OF MINUTES: It was moved by Smith, seconded by Foster, and unanimously carried, that the Minutes of December 4, 10, 16, 18, 19, 20, 23, 24, 26, 27, and 30, 1985 be approved. LEGISLATIVE ACTION: 1 . PA1B4-6 - SAKS LEASE On December 18, 1985, Agency tabled consideration of approval of form of lease for Saks Fifth Avenue, between it and the North Plaza Associates, in which the South Plaza Associates and the Edw. J. DeBartolo Corporation join. Executive Director reported that this matter had been tabled out of concerns by the Agency, which related to parking issues for the shopping center; and that those concerns have been sent to the developer, however, he recommended that this matter be deferred to January 15. It was moved by Foster, seconded by Maryanov, and unanimously carried, that this matter be continued to January 15, 1986. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. 1, .,/JUDITH SUMICH Assistant Secretary MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS JANUARY 15, 1986 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, January 15, 1986, at 7:30 p.m. ROLL CALL: Present: Members Birer, Foster, Maryanov, Smith and Chairman Bogert Absent: None LEGISLATIVE ACTION: 1 . PA6B14 - RENAISSANCE HOTEL Recommendation: That the Agency establish a budget of $32,500 for relocation assistance for the Renaissance Hotel Project. Redevelopment Director reported that this action is pursuant to previous Agency action to establish the method for providing the assistance, and provides the money needed to carry it out. He stated that the money will come from the housing set aside funds. Resolution 391 , amending budget as recommended, was presented; after which, it was moved by Birer, seconded by Smith, and unanimously carried, that Resolution 391 Ibe adopted. 2. PA1B4-6 - SAKS LEASE On January 8, 1986, Agency tabled consideration of approval of form of lease for Saks Fifth Avenue, between it and the North Plaza Associates, in which the South Plaza Associates and the Edw. J. DeBartolo Corporation join. Redevelopment Director recommended that this matter again be continued to February 5. So ordered. 3. PA4Bll - AUTO SALES CENTER (EPSTEEN) Recommendation: That the Agency approve a preliminary Memorandum of Agreement with Peter Epsteen, Ltd. , to form the basis for a Development & Disposition Agreement (DDA) for the development of an auto center on the NE corner of Ramon Road and Gene Autry Trail . Member Maryanov stated that he would abstain due to a client relationship. Economic Development & Housing Coordinator reviewed report of Executive Director, dated January 15, 1986, and stated that Mr. Epsteen would relocate his current franchise to the site, including Honda, Rolls Royce, Jaguar, Buick and Pontiac ; that the Agency would provide a 50% land write-down and assistance with infrastructure needs on the site (14.098 acres) ; that the Agency' s subsidy would be paid in two installments, i .e. , at the time the sale on the 8.3 acre parcel closes, and when an additional dealership(s) is secured for the remaining 5.7 acre parcel ; that it is proposed the City loan the funds to the Agency, via the Sewer Fund, to be paid back through taxes generated by the project over a five-year period, and the surety for that payback is that the dealership would be ,located on the site for a minimum of six years. ti. CRA Minutes 1-15-86 Page 2 3. RA4B11 - (Continued) Mr. Epsteen stated that he believed the agreement to be beneficial to the Agency and to himself. Resolution 392 approving the preliminary Memorandum of Agreement, was presented; after which, it was moved by Foster, seconded by Birer, and unanimously carried, Maryanov abstaining, that Resolution 392 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. �L. \— JUDITH SUMICH Assistant Secretary MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS FEBRUARY 5, 1986 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, February 5, 1986, at 7:30 p.m. ROLL CALL: Present: Members Birer, Foster, Maryanov, Smith & Chairman Bogert Absent: None APPROVAL OF MINUTES: It was moved by Smith, seconded by Maryanov, and unanimously carried, that the Minutes of January 8 & 15, 1986 be approved. PUBLIC COMMENTS - None JOINT PUBLIC HEARINGS (With City Council ) 1 . PA4 - AUTO CENTER Consideration of the proposed use of tax increment to pay for a portion of the value of land for an auto sales center on the north side of Ramon Road, between Gene Autry Trail and San Luis Rey. Economic Development & Housing Coordinator reported that part of the project proposes that the cast of land be subsidized for the dealers involved in the project; and that prior to any land write-down or development agreement, an opportunity is required to be given for' the public to be heard. She stated that the first joint hearing relates to the use of tax increment revenues and the proposed financial commitment of 50% land write-down, to be given only based on the dealers who sign up for the project, and as they sign up; that the total commitment would be $1 .6 million, including infrastructure and the Epsteen franchises, with the remainder to be provided in accordance with the amount of acreage that additional dealers would require; that recovery of funds is expected within five years, and Epsteen is committed to remaining at the site for at least six years. She also stated that the second public hearing relates to provisions of Redevelopment for the purpose of the Agency acquiring the property, with a simultaneous escrow to sell it to the dealer. She stated that public comments were being sought, and subsequent resolutions would be presented at the time of considering the Disposition and Development Agreement, potentially at the next meeting. Councilmember Foster stated that he has consulted with the City Attorney, and although he does not have a financial conflict, he owns property within 500 feet, and would abstain on the appearance of conflict. Councilmember Maryanov started that he would abstain because of a client relationship. CRA Minutes °r A 2-5-86 Page 2 1 . PA4 (Continued) Mayor declared the hearing open relative to the use of tax increment funds. George Goldberg, 1445 "Cesspool ", stated that the project is a competition between cities, and the dealer will either locate in one or the other, but the proposed action will not benefit the buyer; and that the suggestion of new revenues to the city is a fallacy. Jeremy Crocker, 330 W. Arenas, stated that this is a competition between city administrations, and the main benefactor is the landowner. He stated that the property was purchased in 1979 for $1 .099 million, and recited various transactions from owner-to-owner, concluding with Golden West Properties at a value of $2.95 million, which he believed partly reflected an interest bearing note; that he did not believe that because the dealer negotiated a price less than what was being asked, he should get that amount back in improvements by the Agency; that he questioned whether there was enough notice to consider this matter as an added item on the Agency's last agenda, considering that Mr. Epsteen had signed the letter the previous day; that the City is a party with a slanted interest; that he has not seen a pro forma to justify projections that the increased tax increment is within striking distance of the multi-million in sales that would be needed to produce that kind of increment; and that the dealer is not likely to put a heavy investment in buildings, which would produce substantial property tax. There were no further appearances for the hearing on this portion. Mayor then declared the hearing open for the second issue, regarding proposed acquisition and sale of property. Jim Cotton, speaking on behalf of an unnamed person who lives on San Joaquin Road, expressed her concern regarding the safety of the property in terms of its relationship to the previous dump site, exposure to methane gas, and traffic problems that could result if extensive excavation is required to restore the site. City Manager stated that the former dump site was not a part of the property being considered, and any effort to restore it as a potential for future auto center use would be fully explored, and that there is no danger from the parcel under consideration. There were no further appearances, and the hearing was closed. (Note: Jeremy Crocker was unaware that the hearing had been held, and offered comment during the Public Comments portion of the City Council meeting, that the City's loan to the Agency of $1 .6 million represents a loss of pooled funds from the City' s budget. ) In response to question by Council/Agency, Economic Development & Housing Coordinator stated that subsequent to the purchases referred to by Mr. Crocker, the zoning of the property has changed, and a parcel map has been approved; that the off-setting tax increment is not based on estimated sales, but sales reports filed by the dealers to various governmental agencies; that the total city investment is only based on attracting other dealers - as others join, the sales tax increases ; that the 4+ acres was not used for landfill , and was split off by a parcel map; that the possibility of reclaiming the landfill area will be looked at for future auto sales ; that the soils study does not indicate any methane gas problem, and there is no danger of fire on the back acreage. CRA Minutes 2-5-86 Page 3 1 . PA4 (Continued) City Manager stated that the Council/Agency direction is that this would be a desirable use, and should be treated as an investment, and look toward the benefit that the community would receive as a result of that investment in both the long and short term. No action taken at this time. Mayor adjourned the City Council , and the Agency remained in session. OTHER PUBLIC HEARING: 2. PA1 - STATEMENT OF INDEBTEDNESS Recommendation: That the Agency receive public input on proposed Resolution adopting a Statement of Indebtedness - existing obligation - of the Agency for the CBD Redevelopment Project Area. Redevelopment Coordinator reported that, recent changes in State law applies the low and moderate housing set-aside funding provisions to redevelopment project areas created prior to 1977, as it now applies to other project areas, but allows deferral until funds are available in existing obligations. He stated that the CBD Project Areas was adopted in 1974, and recommended that the Agency adopt the Statement of Existing Obligations, as on file with the City Clerk. Chairman declared the hearing open; there were no appearances on this matter, and the hearing was closed. Resolution 393, adopting the Statement, as recommended, was presented; after which, it was moved by Smith, seconded by Birer, and unanimously carried, that Resolution 393 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. JUDITH SUM CH Assistant Secretary 1'I114U 1 LJ UI COMMUNITY REDEVELOPMENT AGENCY ;. CITY OF PALM SPRINGS j FEBRUARY 19, 1986 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, February 19, 1986, at 7:30 p.m. ROIL CALL: Present: Members Birer, Foster, Maryanov, Smith and Mayor Bogert Absent: None PUBLIC COMMENTS - None LEGISLATIVE ACTION: 1 . PAIB2 - MORRISON Recommendation: That the Agency approve a lease agreement with Regina Di Paola, dba Vincent Beauty Salon, at 439 No. Palm Canyon, for one year at $190 per month. Redevelopment Director reported that Di Paolo has been at the premises for many years before the Agency acquired the site, however, the Real Property Specialist of the City has recommended that the Agency enter into a lease with Di Paola to formalize the arrangement; and that the rental is based on the long-term tenancy of the premises. Agency requested clarification of the tenant's name, Regina Di Paolo or Vincent DiPaola. Staff to follow through. Resolution 394, approving the lease as recommended, was ' presented; after which, it was moved by Foster, seconded by Birer, and unanimously carried, that Resolution 394 be adopted. 2. PA5 - BUDGET/FINANCING Recommendation: That the Agency adopt actions to reallocate loans to the Agency from the General Fund, and establish budget for the Agency to fund a portion of street improvement costs on Arenas Road and Cahuilla Road. Redevelopment Director reported that due to heavy traffic during the Fashion Plaza construction, it is proposed that a portion of Cahuilla Road also be reconstructed from Tahquitz to Arenas, as a part of the previously established project for the improvement of Arenas Road, west of Palm Canyon Drive, and the action proposed provides the funding to accomplish the project. Resolutions 395, 396 and 397, approving actions as recommended, were presented ; after which, it was moved by Smith, seconded by Maryanov, and unanimously carried, that Resolutions 395, 396 and 397 be adopted. 3. CONVENTION CENTER ARCHITECT Note: See City Council Minutes this date for its approval of the contract. Resolution 398, approving the City' s contract to HNTB, in amount of $650,000, was presented; after which, it was moved by Foster, seconded by Birer, and unanimously carried, that Resolution 398 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. (77�)�_ JUDITH SUMICH n I L r 1....... MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS MARCH 5, 1986 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, March 5, 1986 at 7 :30 p.m. ROLL CALL: Present: Members Birer, Foster, Maryanov, Smith and Chairman Bogert Absent: None ADJOURNMENT There being no business, Chairman declared the meeting adjourned to Tuesday, March 11 , 1986, at 3 p.m. , in the Large Conference Room, City Hall . JUDITH SUMICH Assistant 'Secretary MINUTES OF CITY OF PALM SPRINGS CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY MARCH 11 , 1986 An Adjourned Regular Meeting of the City Council and of the Community Redevelopment Agency of the City of Palm Springs, was called to order by Mayor/Chairman Bogert, in the Large Conference Room, City Hall , 3200 Tahquitz-McCallum Way, on Tuesday, March 11 , 1986, at 3 p.m. ROLL CALL: Present: Council/Agency Members Birer, Foster, Maryanov, and Mayor/Chairman Bogert Absent: Council/Agency Member Smith (Mr. Smith entered the meeting shortly after the roll call ) (Note: The meeting was conducted in joint session in order to facili- tate companion actions required of both bodies) PUBLIC COMMENTS - None LEGISLATIVE ACTION: 1 . AUTO SALES CENTER - PA4Bll Recommendation: That the Council and the Agency, adopt certain actions relative to the Auto Center: Economic Development & Housing Coordinator reported that the two parcels (8+ and 5+ acres) are shown as Lots 1 and 2 on PM 18787, and the proposed actions do not relate to the back acreage; that the land write down is $2.40 per square foot, with each dealer paying $2.40 per square foot for acquisition ; that the proposed loan from the Sewer Fund would be repaid, at an interest rate of 8%, over a period of five years through tax increment and new sales tax the City will receive based on existing dealer sales levels, according to sales tax projections of these two dealers only, without any projection for increased profits for two years. City Manager stated that public hearings were held February, 1986; that the Council/Agency has been governed by the idea that this is a key investment, that the loan payoff will be in 5-6 years, that there will be a net taxable income to the City of about $500,000 annually, that the project would not be in Palm Springs without the land write down, that the deal is extremely fair to the City and to the dealer, and that it is not unusual to make a short-term loan from reserve surpluses. He stated that he could not recommend such a loan from the General Fund at this time. Economic Development & Housing Coordinator stated that the project is not eligible for tax exempt bond financing. The following resolutions were presented: Agency: a) Res 399 approving proposed acquisition and sale of land for an auto center. b) Res 400 approving dedication of tax increment for said auto center. c) Res 401 approving a loan from the City to provide funding for the auto center. Council & CRA Minutes 3-11-86, Page 2 1 . AUTO SALES CENTER (Continued) d) Res 402 amending the budget. e) Res 403 approving DDA with Epsteen (Agr #146) f) Res 404 approving DDA with Frink (Agr #147) It was moved by Smith, seconded by Birer, and unanimously carried, Foster and Maryanov abstaining, that Resolutions 399 through 404 be adopted. Council : a) Res 15803 approving proposed acquisition and sale of land for an auto center. b) Res 15804 approving dedication of tar: increment for said auto center. c) Res 15805 approving a loan from the City to provide funding for the auto center d) Res 15806 amending the budget. e) Res 15807 approving DDA with Epsteen. f) Res 15808 approving DDA with Frink. It was moved by Smith, seconded by Birer, and unanimously carried, Foster and Maryanov abstaining, that Resolutions 15803 through 15808 be adopted. 2. CONVENTION CENTER CONSTRUCTION CONTRACT Recommendation: That the Council approve contract with McDevitt and Street Company for the construction of the Convention Center; and that the Agency concur therein. Economic Development & Housing Director reported that the master developer has requested that the Council/Agency approve a formal contract for the construction of the Convention Center, which will be submitted to satisy USF&G condition and permit the release of construction funds. (139) As a result of question by the Council as to why the company had signed agreement with the hotel at a fee of 4%, and was submitting agreement for the Convention Center at a fee of 4z%, verbal negotiation occurred between the Council/Agency and Tom Stocksdale of McDevitt & Street, and a brief recess was held to prepare appropriate language, the proposed agreement was amended to Articles 5 and 6, as follows: Article 5. "5.2 Upon final completion of all work. . . . . . .all savings realized. . . . . .split as follows: 50% to Owner and 50% to Contractor. In no event shall the Contractor' s share of savings exceed $100,000. " and Article 6. "6.1 In consideration of the performance. . . . . .a Contrator' s fee as follows.` Four percent (4%) . . . . " Council & CRA Minutes 3-11-86, Page 3 2. CONVENTION CENTER (Continued) Resolutions 15809 and 405 were presented ; after which, it was moved by Maryanov, seconded by Birer, and unanimously carried, that Resolutions 15809 and 405 be adopted. ADJOURNMENT There being no further business, Mayor/Chairman declared the meeting adjourned. (K-)JUDITH SUMICH City Clerk & Asst. Secretary 1 MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS MARCH 19, 1986 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, March 19, 1986, at 7, 30 p.m. POLL CALL: Present: Agency Members Birer, Foster, Maryanov, Smith and Chairman Bogert Absent: None APPROVAL OF MINUTES: (Note: Jeremy Crocker challenged the completeness of his comments shown in the Minutes of February 5 relative to the auto sales center. There was no agreement with his challenge. ) It was moved by Smith, seconded by Birer, and unanimously carried, that the Minutes of February 5, 19 & March 5, 1986 be approved. PUBLIC COMMENTS: a) Barrie Woods, 1631 Palm Tee Drive, stated that he did not believe the Minutes of February 5 reflect sufficient reason to support the auto sales center; that he did not believe there was enough public notice; that he questioned Agency member Foster' s vote, and lack of an appraisal ; and that he did not believe, based on the tax paid in 1985, there is any way to pay off the loan in the time frame suggested by the City. LEGISLATIVE ACTION: 1 . PA8 - BARISTO-FARRELL - REDEVELOPMENT PLAN Recommendation: That the Agency consent to a joint public hearing for the above project area on the Redevelopment Plan and EIR, to be held April 16, 1986; and that the Agency adopt rules for owner participation. Reports highlighted by Redevelopment Director. He noted that the Council would also be requested to consent to the joint hearing. Agency members Foster and Maryanov stated they would abstain due to property interest. Resolution 406, consent to joint hearing, and Resolution 407 adopting rules for• owner participation, were presented; after which, it was moved by Birer, seconded by Smith, and unanimously carried, Foster and Maryanov abstaining, that Resolutions 406 and 407 be adopted. CRA Minutes 3-19-86 Page 2 2. CULTURAL CENTER - PERFORMING ARTS CENTER, INC. Recommendation: That the Agency authorize preparation of a Memorandum of Understanding with the Performing Arts Center, Inc. , to clarify conditions under which property would be acquired and conveyed for a performing arts theater and consideration of commercial uses. Redevelopment Director reported that this matter was reviewed in detail at the last study session, and in line with that discussion, the proposed resolution was modified in Sections 1 and 7 to provide approval by the Agency/Council . Agency member Foster stated that he would abstain on the appearance of conflict. Agency member Maryanov stated that the action is consistent with the Agency/Council discussion of several years ago; that there is adequate protection; and there is no risk to City funds. Resolution 408, authorizing preparation of the MOU, was presented; after which, it was moved by Maryanov, seconded by Smith, and unanimously carried, Foster abstaining, that Resolution 408 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 APRIL 2, 1986 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 2; 1986, at 7:30 p.m. ROLL CALL: Present: Agency Members Birer, Foster, Maryanov, Smith and Chairman Bogert Absent: None APPROVAL OF MINUTES: It was moved by Birer, seconded by Foster, and unanimously carried, that the Minutes of 'March 11 and 19, 1986 be approved. PUBLIC COMMENTS - None LEGISLATIVE ACTION: 1 . PA8 - BARISTO-FARRELL Recommendation: That the Agency approve pass-through agreement with the CV Mosquito Abatement District on the above project. Redevelopment Director reported that this matter was reviewed at the last study session, and the agreement is identical to the District' s agreement for the Highland-Gateway Redevelop- ment Area. Resolution 409, approving the pass-through agreement, as recom- mended, Agr#148, was presented; after 'which, it was moved by Smith, seconded by Birer, and unanimously carried, that Resolution 409 be adopted. 2. PA8 - BARISTO-FARRELL Recommendation: That the Agency approve pass-through agreement with the Desert Water Agency for the above project area. Redevelopment Director reported that the agreement is essentially the same as that for the Highland-•Gateway Redevelop- ment area, and the DWA has asked that the City also be a party to the agreement. Resolution 410 approving the pass-through agreement, as recom- mended, was presented; after which, it was moved by Birer, seconded by Smith, and unanimously carried, that Resolution 410 be adopted, Agr#149. 3. PA1B10 - VINEYARD Recommendation: That the Agency approve a use agreement with the Vineyard Ltd. Partnership for a portion of the Vineyard Parking Lot to be used as' a staging area for construction of a restaurant to replace ' the structure on the site which was destroyed by a recent firs. Redevelopment Director reported that insurance has been provided, and no rent is proposed, since the Vineyard contributed substantially to the development of the parking lot, which is Agency owned. Resolution 411 , approving use agreement, as recommended, was presented; after which, it 'was moved by Foster, seconded by Maryanov, and unanimously carried, that: Resolution 411 be adopted, Agr#150. CRA Minutes 4-2-86 Page 2 4. BUDGET - CONVENTION CENTER Recommendation: That the Agency appropriate additional funds in the amount of $25,000 to cover continuing legal and appraisal costs necessary to proceed with eminent domain and land negotia- tions on the Foster leasehold and Prairie Schooner property. Redevelopment Director reported that these matters are still in litigation, and costs continue to accrue. Resolution 412 amending budget, as recommended, was presented; after which, it was moved by Foster, seconded by Maryanov, and unanimously carried, that Resolution 412 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned to Tuesday, April 8, 1986 at 3 p.m. )JUDITH SUMICH Assistant Secretary (1 1 MINUTES OF CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS APRIL 8, 1986 An Adjourned Regular Meeting of the City Council and of the Community Redevelopment Agency of the City of Palm Springs, was called to order by Mayor/Chairman Bogert, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Tuesday, April 8, 1986, at 3:00 p.m. ROLL CALL: Present: Council/Agency Members Birer, Foster, Maryanov, Smith and Mayor/Chairman Bogert: Absent: None LEGISLATIVE ACTION: 1 . AUTO SALES CENTER Recommendation: That the Council/Agency adopt appropriate actions to approve a loan to the Agency of $595,650, dedication of tax increment for development of an auto center, and appropriation of funds in amount of $595,650. Redevelopment Director reviewed his report dated April 8, 1986, and stated that although Mr. Frin'k has withdrawn his interest in purchasing Parcel 2 of Parcel Map 18787, there is substantial interest on the part of other dealerships to warrant the Agency proceeding with the acquisition for control on the eventual price and use of the property. Council/Agency Member Maryanov abstained, and Mr. Foster abstained due to appearance of conflict. CRA Resolutions 413, 414 and 415, approving loan understanding, dedication of tax increment, and amending the budget, as recommended, were presented; after which, it was moved by Birer, seconded by Smith, and unanimously carried, Foster and Maryanov abstaining, that Resolutions 413 through 415 be adopted. Council Resolutions 15833, 15834 and 15835, adopting the above actions by the Council , were presented; after which, it was moved by Birer, seconded by Smith, and unanimously carried, that Resolutions 15833 through 15835 be adopted. ADJOURNMENT (Note: Jeremy Crocker requested to be heard, and was overruled by the Chair). There being no further business, Mayor/Chairman declared the meeting adjourned at 3:15 p.m. ' JUDITH SUMICH City Clerk & Asst. Secretary MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY AND CITY COUNCIL APRIL 16, 1986 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 16, 1986 at 7:30 pm. ROLL CALL: Present: Agency Members Apfelbaum, Birer., Foster, Smith and Chairman Bogert Absent: None APPROVAL OF MINUTES: It was moved by Foster, seconded by Smith, and unanimously carried, that the Minutes of April 2, 1986 be approved. JOINT PUBLIC HEARING WITH CITY COUNCIL: (Note: The Mayor convened the City Council and Agency in joint session. The following reflects the Minutes for both bodies. ) 1 . PA8 - BARISTO-FARRELL Mayor/Chairman stated that the purpose of the meeting was to conduct a joint public hearing to consider and act upon the Redevelopment Plan, and certification of the Final EIR for the above project area; and that prior to hearing, the Agency would consider action to transmit the Report to the City Council . ' Resolution 416 approving the Report and transmitting it to the City Council was presented; after which, it was moved by Birer, seconded by Foster, and unanimously carried, that Resolution 416 be adopted. Redevelopment Director 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/Chairman explained the procedures to be followed for the conduct of the hearing and possible subsequent Council/Agency actions. Redevelopment Director also entered into the record certification of official actions taken by the Council , Planning Commission and Agency in connection with the preparation of the Redevelopment Plan. Redevelopment Project Manager referred to and briefly summarized pertinent parts of the Report of the Agency to the Council , details of which are on , file with the City Clerk; there were no questions. He also referred to and briefly summarized the Final EIR, details of which are on file with the City Clerk; there were no questions. ' City Clerk reported receipt of written comments from Ron Crawford, President of Los Compadres Home Owners Association, requesting exclusion of the Los Compadres Estates from the eminent domain portion of the project; and Henri C. Montoya objecting to the inclusion of the Casitas Arenas condominium project in the eminent domain portion of the redevelopment project. Mayor/Chairman declared the hearing open. CRA/Council Minutes 4-16-86 Page 2 1 . PA8 (Continued) Jack Matlock, representing P.S. Unified School District and the Coachella Valley Community College District spoke in favor of the project. He stated that PSHS has a 2800 student population, and the school was designed for 1800, contains very old buildings, little, if any, air-conditioning, high windows, and a lot of glass; and -that agreement is close to being reached which will lessen developer mitigation fees being imposed, which will , get away from an intermittent solution, and rely on redevelopment and its financing mechan.*sms to rehabilitate and build new facilities. Jim Stuart, 155 W. Hermosa, representing the P,S. Mall , spoke in favor of the project. In response to question by Myrna Frame, Redevelopment Project Manager gave a brief explanation of redevelopment financing. Redevelopment Director stated that the project area is primarily geared toward helping the School District. Council/Agency Member Foster stated that he would abstain from discussion and voting due to property interests. There being no further appearances, the hearing was closed. Agency Actions: Resolution 417 approving the Redevelopment Plan, certifying EIR & making certain findings; and Resolution 418 re low & moderate income housing provisions were presented; after which, it was moved by Smith, seconded by Birer, and unanimously carried, Foster abstaining, that Resolutions 417 and 418 be adopted. Council Actions: Resolution 15837 approving Redevelopment. Plan & certifying EIR; and Resolution 15838 re low and moderate income housing provisions. were presented; after which, it was moved by Smith, seconded by Birer, and unanimously carried, Foster abstaining, that Resolutions 15837 and 15838 be adopted and that protests be overruled. City Clerk read title of Ordinance, as follows: OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AND ADOPTING THE REDEVELOPMENT . PLAN FOR THE BARISTO-FARRELL REDEVELOPMENT PROJECT. It was moved by Birer, seconded by Apfell'oaum, and unanimously carried, Foster abstaining, that further reading be waived and the Ordinance be introduced for first reading. • I o CRA/Council Minutes 4-16-86 Page 3 1 . PA8 (Continued) Redevelopment Director recommended that the Agency and Council approve pass-through agreement with the County of Riverside. Redevelopment Project Manager stated that until a total of $2 million is reached, 50% of the County's share will go into Agency Funds for general improvements in the area, 35% into County General Fund, and 15% into special Fund for capital improvements in the City, by the County. Agency Resolution 421 was presented; after which, it was moved by Birer, seconded by Apfelbaum, and unanimously carried, Foster abstaining, that Resolution 421 be adopted. Council Resolution 15855, adopting similar action, was presented; after which, it was moved by Birer, seconded by Apfelbaum, and unanimously carried, Foster abstaining, that Resolution 15855 be adopted. Mayor/Chairman declared the City Council adjourned and remained in session as the Agency. PUBLIC COMMENTS: None LEGISLATIVE ACTION: 2. PA1B4-6 - REIMBURSEMENT AUTHORIZATION Recommendation: That the Agency authorize reimbursement to the Edward J. DeBartolo Corporation for certain improvements ' adjacent to the Desert Fashion Plaza, in amount not to exceed $225,500. Redevelopment Director reported that $997,883 in reimbursements has been submitted, of which $627,638 has been approved or is pending, leaving balance still in question of over $377,000, of which $111 ,300 is being worked on and $235,000+ is in dispute. , He stated that the recommended reimbursement is part of the $600,000+. Agency Member Foster stated that the developer should be apprised that the Agency pis concerned about completion of the items on the punch list, and future reimbursements may be in jeopardy if they are not cleared up. Resolution 419 authorizing reimbursement was presented; after which, it was moved by Foster, seconded by Birer, and unanimously carried, that Resolution 419 be adopted. 3. PA8 - BARISTO-FARRELL Recommendation: That the Agency approve pass-through agreement with the Riverside County Superintendent of Schools for tax increment relative to the above redevelopment area. Redevelopment Project Manager gave a brief report, and stated that 40% goes to the Agency, 40% to the Superintendent' s Capital Funds; `and 20% to low and moderate incoming housing. Resolution 420 approving Agr #151 , was presented; after which, it was moved by Smith, seconded by Birer, and unanimously carried, Foster absent, that Resolution 420 be adopted. Res 421, approvin passthrough agreement with Riverside County, was presented; after which, it was moved by Birer, seconded by Apfelbaum, and unanimously carried, Foster abstaining, that R421 be adopted. ' r CRA Minutes 4-16•-86 Page 4 4. PA2B9 - LAND ACQUISITION & FINANCING Recommendation: That the Agency authorize acquisition of Blocks 7, 8, and 111 , commonly known as the Prairie Schooner Trailer Park; and accept loan from the City, and amend the budget to account for the funds. Redevelopment Director reported that agreement has been reached for the 5.7 acres at a cost of $1 .875 million ; that the owners have agreed to carry $75,000 'for one year at 8% interest; that funds from the bond proceeds rover $1 .725 million ; and there is some question whether the balance of funds can come from the bond issue. Resolutions 422, accepting the loan, Resolution 423 authorizing acquisition, and Resolution 424 amending the budget, were presented; after which, it was moved by Birer, seconded by Apfelbaum, and unanimously carried, that Resolutions 422, 423 and 424 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. L, )�JUDITH SUMICH City Clerk & Asst. Secretary " r MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS MAY 7, 1986 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs was called to order by Vice Chairman Smith in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, May 7, 1986, at 7:30 p.m. ROLL CALL: Present: Agency Members Apfelbaum, Birer, Foster and Smith Absent: Chairman Bogert APPROVAL OF MINUTES: It was moved by Birer, seconded by Foster, and unanimously carried, Bogert absent, that the Minutes of April 8 & 16, 1986 be approved. PUBLIC COMMENTS - None LEGISLATIVE ACTION: 1 . PAlB4-6 - SAKS LEASE Recommendation: That the Agency approve form of lease between North Plaza Associates and Saks and Company, in which South Plaza Associates and the Edward J. DeBartolo Corporation join. Redevelopment Director highlighted his report, and stated that the lease has been signed by parties involved, i .e. , ' Saks. Resolution 425, approving form as recommended, was presented; after which, it was moved by Foster, seconded by Birer, and unanimously carried, Bogert absent, that Resolution 425 be adopted. 2. PA8 - BARISTO-FARRELL Recommendation: That the Agency approve pass-through agreement with Riverside County Flood Control District for the above project area. This item was reviewed in study session, and no further report was given. Resolution 426 approving agreement as recommended, was presented; after which, it was moved by Apfelbaum, seconded by Birer, and unanimously carried, Bogert absent and Foster abstaining, that Resolution 426 be adopted. ADJOURNMENT There being no further business, Vice Chairman declared the meeting adjourned. UDITH`SUMICH Assistant Secretary MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS MAY 21 , , 1986 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, May 21 , 1986, at 7:30 p.m. ROLL CALL: Present: Agency Members Apfelfaum, Birer, Foster, Smith and Chairman Bogert Absent: None PUBLIC COMMENTS: None LEGISLATIVE ACTION: 1 . PA2 - CULTURAL CENTER Recommendation: That the Agency approve Memorandum of Understanding with the Cultural Center of Palm Springs, Inc. dba Palm Springs Performing Arts Center, specifying the conditions under which property will be acquired and conveyed for a performing arts theatre. Redevelopment Director stated that the Memorandum of Understanding was revised after the last study session ; that there are issues remaining. He stated that a review of the documents has not been completed by the City' s attorneys; that it is unknown if the Memorandum of Understanding answers the developer's rights; and that developer is concerned about limitations on commercial uses. He stated that it is the responsibility of the Council to instigate a review, and recommended approval . Member Birer said that Section 2. of the Resolution should read: "Agency and City Council by September 3, 1986, including the items. . . " Resolution 427, approving the Memorandum of Understanding, as revised, was presented; after which, it was moved by Birer, seconded by Smith, and unanimously carried, that Resolution 427 be adopted, subject to revising Section 2 to establish a September 3, 1986 date. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. JUDITH SUMICH Assistant Secretary n I MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS JUNE 4, 1986 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, was called to order by Vice-Chairman Smith in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, June 4, 1986 at 7:30 p.m. ROLL CALL: Present: Agency members Apfelbaum, Birer, Foster, and Smith Absent: Chairman Bogert APPROVAL OF MINUTES: It was moved by Birer, seconded by Apfelbaum, and unanimously carried, Bogert absent, that the Minutes of May 7, 1986 be approved. PUBLIC HEARINGS: 1. 1986-87 BUDGET Executive Director stated that there would not be any extensive report outside of that to be given regarding the City' s overall budget. Vice Chairman inquired if anyone wished to be heard; there were no appearances. No action required at this time. PUBLIC COMMENTS: None LEGISLATIVE ACTION: 1. PA6B10 - P.S. SURGERY CENTER Recommendation: That the Agency approve Owner-Participation Agreement, and exempt property at 1178-1196 N. Palm Canyon and 1189-1199 N. Indian Avenue from use of eminent domain - Agr #155. Redevelopment Director reported that the agreement relates to financing the acquisition and rehabilitation of the property, and will continue as long as the owner abides by the non-discrimination clauses, maintains the improved property in at least the same condition as it exists, and continues the uses in conformance with the Redevelopment Plan. He stated the agreement was revised to not limit the use to medical purposes only. Member Apfelbaum stated that she would abstain due to her husband' s limited partner relationship in the project. Resolution 428 approving the agreement and granting the exemption, as recommended, was presented; after which, it was moved by Birer, seconded by Foster, and unanimously carried, Bogert absent, and Apfelbaum abstaining, that Resolution 428 be adopted. CRA Minutes 6-4-86, Page 2 2. PA8 - REDEVELOPMENT PLAN Recommendation: That the Agency approve pass-through agreement with C.V. Community College District for the Baristo-Farrell Redevelopment Project Area. Redevelopment Director stated that the terms of the agreement are essentially the same as those in agreements for other project areas, Agr #156. Resolution 429 approving the agreement as recommended, was presented; after which, it was moved by Foster, seconded by Apfelbaum, and unanimously carried, Bogert absent, that Resolution 429 be adopted. ADJOURNMENT There being no further business, Vice Chairman declared the meeting adjourned. ( _ (Z3JUDITH SUMICH Assistant Secretary r MINUTES OF '397 COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS JUNE 18, 1986 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, June 18, 1986, 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 Smith, and unanimously carried, that the Minutes of May 21 , 1986 be approved. PUBLIC COMMENTS - None LEGISLATIVE ACTION: 1 . 1986-87 BUDGET Resolution 430 approving continuing appropriations from 1985-86 fiscal year into 1986-87, was presented; after which, it was moved by Smith, seconded by Apfelbaum, and unanimously carried, that Resolution 430 be adopted. Resolution 431 , adopting the budget for the Agency for 1986-87 was presented ; after which, it was moved by Smith, seconded by Birer, and unanimously carried, that Resolution 431 be adopted. ' ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. JUDITH SUMICH Assistant Secretary 1 MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS JULY 2, 1986 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, July 2, 1986 at 7:30 p.m. ROLL CALL: Present: Agency Members, Apfelbaum, Birer, Foster, Smith and Chairman Bogert Absent: None The meeting was opened with the salute to the Flag, and a Moment of Silence. Mayor/Chairman stated that the Agency would meet: in joint session with the City Council to hold a joint public hearing. JOINT PUBLIC HEARING: 1 . McCALLUM BUILDING - DISPOSITION Recommendation: That the Council/Agency consider Participation Agreement with Wessman Development Company, for the sale and remodeling of the McCallum Civic Building. Redevelopment Director reported that a lengthy report was given at the last study session; and highlighted the history of the building from the City' s acquisition in 1975, concluding with the current status of negotiation phase with Mr. Wessman. He described Mr. Wessman's project, and stated that staff recommends that the proceeds ,from the sale be placed in the Parking Fund for parking within close proximity to the site; that the proposal includes a sharing by the Agency of the , cost of improvements for public benefit, i .e. , right-of-way surrounding the property at 100%; library fountain, walks and minor remodeling at 75%, courtyard and walks at Indian and Tahquitz (excludes building) as well as public restrooms at 50%, and area considered mall area at 25%; that Wessman will front the costs 100%, with the Agency to repay its cost from tax increment proceeds from the project - estimated at $30,000 annually - at no interest; that sales tax from the project is estimated at $58,400 annually; and if approved, the work would commence within one year. He stated that the AAC, Planning Commission, Historic Site and Library Boards have approved the project. In answer to question by Council , Redevelopment Director stated that the City/Agency dual involvement; relates to the sale of the property by the City and the participation in the agreement by the Agency; that the project can serve as a major impetus for other projects; that there are four sites within close proximity which may be considered for parking; that staff should be instructed to further explore those sites; that the building is non-conforming, and in the absence of intensifying its use, the proceeds do not have to go toward providing parking, if the Council did not desire to do so. ar CRA Minutes 7-2-86 Page 2 1 . McCALLUM BUILDING (Continued) Mayor declared the hearing opened. John Wessman, , 72-200 Clancy Lane, Rancho Mirage, stated that the City has pedestrian activity downtown and needs to promote and preserve that aspect of the community; that the project will be a major remodel , costing millions of dollars, and more than if it were constructed from the beginning; and that he guarantees that no expense will be spared in terms of details and quality of the building. Dan Johnson, Schlecht, Shevlin & Shoenberger, attorney representing Plaza Investments, stated that the Plaza submittal was based on design criteria, including providing sufficient parking; that in negotiating with Wessman, he believed the City relied on the premise that Mr. Wessman could get the Tackett property, and build one project; that if the criteria was changed, Plaza should be able to submit a new proposal that would address changed circumstances ; that he believed the City should accept the original offer of Plaza, since it was the only offer which met the criteria, or request re-submittals; that if the Council agreed to construct the parking on the Welmas Building, then Plaza would not have any objection to the approval . Deyna Hodges, 2122 E. Baristo, President of the Palm Springs Citizens & Merchants Association, questioned the rationale for selling the building at the suggested price, and the manner in which proposals were sought; and suggested that the Wall Street Journal , L.A. Times ; and possibly listing with a Real Estate Broker should be employed; that the Agency purchased ' vacant land for a fire station, and paid more than the proposed sale of the McCallum Building; that she believed the site has increased in value since 1984, due to Maxims, the Marquis and the pending Convention Center; that it was her understanding there is not a current appraisal on the property; that she believed Mr. Wessman' s option expired in June, 1985; that there is a parking problem downtown; and suggested that perhaps the property should be made into a park. There being no further appearances, the hearing was closed. Councilman Smith stated that it has been said consistently that merchants do not want mini parks downtown, especially because of the potential for "hangouts" ; that there is a conflict of views; that Wessman is a developer with the wherewithal and track record to make the project succeed; that his projects end up looking like the drawings; that the Council has a significant opportunity to take a blighted piece of property and make it into something that is beautiful and an advantage to the community; and that it should be taken. Councilmember Birer stated that the private sector is different from the public sector, and in this case, the Council must create something that will be of value in terms other than ' just dollars, but aesthetics, and the potential for an enterprise that may become key to downtown; that $25 per square foot is adequate; that the building would have to be demolished for anyone to do anything with the property, but the developer proposes taking what is there and turning it into something very good, with a fair return to the City; and that the developer's willingness to advance the funds to the Agency and accept repayment from tax accruals, is an advantage to the City in getting a beautiful center, parking funds, and a theme for other projects downtown. 400 CRA Minutes 7-2-86 Page 3 1 . McCALLUM BUILDING (Continued) Councilman Foster stated that there were a number of responses to the original call for proposals, but only the two were considered responsive; that the Plaza proposal was for more dollars, but paid over a period of years, at no interest, and the analysis showed that it was, in fact, not a better offer, but almost equal ; that the Council has talked with many interested persons who have wanted to develop the site, and the Council must consider the benefits of the project, as well as trying to get back its investment - which, initially, was $250,000. Councilman Birer stated that the Plaza proposal did not include parking on site, rather located elsewhere;, and from a design criteria, the proposals were basically equivalent. In answer to question by Councilwoman Apfelbaum, City Attorney stated that she would not have a conflict of interest because of a limited partnership of her husbands, but may on the appearance of conflict; and he recommended that she abstain at this time, until he can explore it further with her. Resolution 15935, authorizing sale and approving Agr #2329, was presented; after which, it was moved by Birer, seconded by Smith, and unanimously carried, Apfelbaum abstaining, that Resolution 15935 be adopted. Resolution 432, approving the owner-participation Agr #157, as recommended, was presented; after which, it was moved by (124) Birer, seconded by Smith, and unanimously, carried, Apfelbaum abstaining, that Resolution 432 be adopted. ' LEGISLATIVE ACTION: 2. PA4B11 - AUTO CENTER Recommendation: That the Agency approve the assignment of the DDA between the Agency and Peter Epsteen Pontiac-Buick-Rolls Royce British Imports, Inc. Ltd. to Symbolic Classic Cars, Ltd. , provided evidence is submitted that; the buyer assumes all obligations of the DDA. (124) Redevelopment Director reviewed his report of July 2, and stated that there is no financial or significant difference to the City; that the assignee is a very substantial entity, and will perform as good as Epsteen. Resolution 433, approving assignment of the Disposition and Development Agreement, and consenting to the sale of parcel 1 of Parcel Map 18787, as recommended, and subject to the evidence submittal , was presented; after which, it was moved by Smith, seconded by Foster, and unanimously carried, that Resolution 433. ADJOURNMENT ' There being no further business, Chairman declared the meeting adjourned. UDITH SUMICH Assistant Secretary 401 MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS AUGUST 6, 1986 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Chairman Bogert, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, August 6, 1986 at 7:30 p.m. ROLL CALL: Present: Members Apfelbaum, Birer, Foster, Smith and Chairman Bogert Absent: None PUBLIC COMMENTS: a) Jeremy Crocker, 330 W. Arenas Road, stated that in considering approving a reimbursement to the Desert Fashion Plaza developer, it is the Agency's last chance to leverage compliance of fourteen items which remain incomplete; and that the Agency may expect similar problems from the same contractor, who is doing the Convention Center, if it does not show that it means business. b) Rose Sweet, representing Catholic Charities, stated that tax increment housing funds can be used for the purpose, use and operation of emergency shelters; that they are moving ahead to open the shelter, but remaining funds will be depleted by September 15; that the City is not being asked for a four-year commitment or on-going funds, but is being asked to provide $12,000 for annual costs. ' c) Katherine McMillan, 330 Valmonte Norte, Director of Services, Catholic Charities, stated that there were 60 families in Palm Springs in both June and July which required assistance. LEGISLATIVE ACTION: APPROVAL OF MINUTES: It was moved by Foster, seconded by Smith, and unanimously carried, that the Minutes of June 18 and July 2, 1986 be approved. 1. PA1 - McCALLUM CIVIC BUILDING Recommendation: That the Agency approve a supplemental agreement with Wessman Development Co. (Agr 159) , which would require the developer to post a non-refundable $123,183 deposit into the City's Parking Fund, outside of escrow; to close escrow no later than June 30, 1987, and deposit therein $411,242; and to hold the City harmless and provide lien releases during construction. 1 Redevelopment Director reviewed his report, and stated that this matter was reviewed at the last study session; and the paragraph entitled II. A. Maintenance of Public Areas has been struck from the agreement, initialed by the developer, and will be further addressed and brought back to the Agency. Member Apfelbaum stated that she would abstain due to the appearance of conflict. Resolution 434, approving the supplement, as modified and as recommended, was presented; after which, it was moved by Birer, seconded by Foster, and unanimously carried, Apfelbaum abstaining, that Resolution 434 be adopted. 402- CRA Minutes 8-6-86 Page 2 2. PA1B4-6 - DESERT FASHION PLAZA Recommendation: That the Agency authorize reimbursement to Edward J. DeBartolo Corporation For certain improvements adjacent to the Desert Fashion Plaza, in amount not to exceed $172,100. Redevelopment Director reported that the Agency must reimburse the developer for work done by it on behalf of the Agency, under the terms of the participation agreement; that four items totalling $172,100 are legitimate reimbursable items, to be offset by $T3,000 owed back to the Agency for telephone work that was done. He stated that because of the outstanding issues, he recommended that the staff determine when payment should be made, based on resolution of those issues in a timely manner. He stated that the Agency is responsible For the final paving on Belardo Road, Museum Drive and Tahquitz Way, and that has been withheld in order to resolve subsidance problems related to storm drainage. Member Apfelbaum stated that she was very concerned about the long list of unresolved items, some of which are basic for development; and that she was opposed to giving any amount of money because the developer has an obligation to the Agency to fulfill as much as the Agency does to the developer, and the Agency has a right to legitimate cooperation from the developer. It was the consensus of the Agency that withholding of funds would provide the impetus to complete the work. It was moved by Apfelbaum, seconded by Smith, and unanimously carried, that no funds for reimbursement be approved until there is compliance on the unresolved issues. 3. 86-87 CRA BUDGET •- PROJECT FINANCING Recommendation: That the Agency accept $108,600 loan from the General Fund for administrative and capital project costs for PA3, d, 6, 7 and 8; repay $108,600 of General Fund Loan per Res. 14956; and amend the budget to account for the funds. This item was reviewed in study session, and no further report was given. Resolutions 435, 436 and 437, as recommended, were presented; after which, it was moved by Birer, seconded by Apfelbaum, and unanimously carried, that Resolutions 435, 436 and 437 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. JUDITH SUMICH Asst. Secretary 403 MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS SEPTEMBER 3, 1986 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, September 3, 1986, at 7:30 p.m. ROLL CALL: Present: Agency Members Apfelbaum, Birer, Foster, Smith and Chairman Bogert Absent: None PUBLIC COMMENTS - None LEGISLATIVE ACTION: APPROVAL OF MINUTES: It was moved by Smith, seconded by Birer, and unanimously carried, that the Minutes of August 6, 1986 be approved. 1. PA3 - FINANCING: Recommendation: That the Agency accept a $5,000 loan From the General Fund for administrative costs; repaying $5,000 of loan by Council Res 14956; and amend the budget to account for the funds. Redevelopment Director stated that the shift of funds ' from the CBD project area to the South Palm Canyon Project Area, is needed to pay attorney fees related to the Palm Canyon Plaza Hotel project. Resolutions 438, 439 and 440, approving actions as recommended, respectively, were presented; after which, it was moved by Foster, seconded by Birer, and unanimously carried, that Resolutions 438 through 440 be adopted. 2. PA2B9 - MANAGEMENT SERVICES - PRAIRIE SCHOONER TRAILER PARK Recommendation: That the Agency approve a managerial contract with Harold & Katherine Thompson, at $1,000 per month, commencing July 16, 1986, and continuing until the park is vacated. Redevelopment Director reviewed his report, and noted that the park is expected to be vacated by October 1, 1987. Resolution 441, approving the agreement as recommended, was presented; after which, it was moved by Apfelbaum, seconded by Foster, and unanimously carried, that Resolution 441 be adopted - Agr #16O. 401 CRA Minutes 9-3-86, page 2 3. PA2 - ANDREAS ROAD (WALKWAY Recommendation: That the Agency authorize an agreement with TKD Associates in an amount not to exceed $7,500, for landscape design services for a pedestrian oriented walkway on Andreas Road, between the Convention Center and Palm Canyon; and amend the budget to appropriate funds, therefore. Report highlighted by Redevelopment Director. Resolutions 442 and 443, approving the agreement and amending the budget, as recommended, were presented; after which, it was moved by Foster, seconded by Apfelbaum, and unanimously carried, that Resolutions 442 and 443 be adopted - Agr #161. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. JUDITH SUMICH Assistant Secretary 405 MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS SEPTEMBER 9, 1986 A Special Meeting of the Community Redevelopment Agency of ,the City of Palm Springs, was called to order by Chairman Bogert, in the Large Conference Room, City Hall , 3200 Tahquitz-McCallum Way, on Tuesday, September 9, 1986 at 3 p.m. ROLL CALL: Present: Agency Members Apfelbaum, Birer, Foster, Smith and Chairman Bogert Absent: None LEGISLATIVE ACTION: 1. PA1B4-6 - FASHION PLAZA FINANCING Redevelopment Director reported request by the developers for Agency approval of permanent financing for the project, pursuant to provisions of the First Implementation Agree- ment, dated February 28, 1984, of the Owner Participation Agreement. He stated that the total package is approximately $50 million, and if it were not approved, it would automatically be approved within ten days. Resolution 444, approving the financing, was presented; after which, it was moved by Birer, seconded by Smith, and unanimously carried, that Resolution 444 be adopted. ' ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. / JUDITH SUMICH Asst. Secretary 4OG MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS SEPTEMBER 17, 1986 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, September 17, 1986, 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 Foster, and unanimously carried, that the Minutes of September 3 & 9, 1986 be approved. PUBLIC COMMENTS: None LEGISLATIVE ACTION: 1. PA8 - PASS-THROUGH AGREEMENT: Recommendation: That the Agency approve a pass-through agreement, and amendment thereto, with the School District for tax increment revenues from the Baristo-Farrell Redevelopment Project Area Agr #162. Redevelopment Director highlighted his report, which was reviewed in detail at the last study session, and stated ' that this is the final agreement for this project area; and stated that the District' s share is actually held by the Agency in a special fund, and "passed-through" or dispersed to it upon approval of projects proposed, with the District receiving a full pass-through of the amount over 1% of the base tax rate, for its debt service. Resolution 445, approving the agreement, as recommended, was presented; after which, it was moved by Apfelbaum, seconded by Smith, and unanimously carried, that Resolution 445 be adopted. 2. PA2B9 - PRAIRIE SCHOONER PARK Recommendation: That the Agency approve an assistant managerial contract with Gary Mangione, relative to the Prairie Schooner Trailer Park, effective through vacation of the park, at $550 per month, plus rent-free on-site housing, exclusive of utilities,Agr #163. Redevelopment Specialist highlighted report of Redevelopment Director, which was reviewed in detail at the last study session; and stated that the assistant will be available to tenants on weekends and evenings. ' Resolution 446, approving the agreement, as recommended, was presented; after which, it was moved by Foster, seconded by Apfelbaum, and unanimously carried, that Resolution 446 be adopted. 408 CRA Minutes 9-17-86 Page 2 3. HOUSING FUNDS: Recommendation: That the Agency pledge to contribute $29, 445 for the purchase of a facility inthe Coachella Valley for a proposed shelter by the Riverside County Coalition for Alternatives, to Domestic Violence, from tax revenues set aside for housing purposes. ' Redevelopment Specialist highlighted report: of Redevelopment Director, which was reviewed in detail the last study session; and stated that the shelter would house victims of domestic violence. Judy Campbell , Chairman of the Desert Advisory Committee, stated that 66 women and children were denied space in 1985, because of lack of facility, and 54 thus far in 1986; that 134 calls have been received in the first six months of 1986; that the desert office is staffed; and that commitments have been made by Indian Wells and Palm Desert, and Coachella has committed funds for the thirteenth year for operating expenses. Agency Member Smith noted that housing set aside funds are available, and the project is eligible for, funding. Resolution 447, pledging funds as recommended, was presented; after which, it was moved by Smith, seconded by Birer, and unanimously carried, that Resolution 447 be adopted. ADJOURNMENT ' There being no further business, Chairman declared the meeting adjourned. A�JUDITH SUMICH Asst. Secretary 1 MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS OCTOBER 15, 1986 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, October 15, 1986, at 7:30 p.m. ROLL CALL: Present: Agency Members Birer, Foster, and Chairman Bogert Absent: Members Apfelbaum and Smith APPROVAL OF MINUTES: It was moved by Birer, seconded by Foster, and unanimously carried, Apfelbaum and Smith absent, that the Minutes of September 30, 1986 be approved. PUBLIC COMMENTS - None PUBLIC HEARINGS - None LEGISLATIVE ACTION: 1. PA1B4-6 - DESERT FASHION PLAZA Recommendation: That the Agency authorize reimbursement to Edward J. DeBartolo Corporation for five improvements described in report of Redevelopment Director, in amount not to exceed $177,100. Redevelopment Director recommended adding a sixth item, in amount of $4,698.04; and stated that all items are pursuant to the agreement with the developer. Resolution 448, as revised, was presented; after which, it was moved by Birer, seconded by Foster, and unanimously carried, Apfelbaum and Smith absent, that Resolution 448 be adopted. 2. PA1B7 - McCALLUM BUILDING Recommendation: That the Agency approve inducement for an Industrial Revenue Bond issue, not to exceed $4 million for the John Wessman Development Company, in connection with the remodeling of the McCallum Building, the Welwood Library, and the Lanz store for use as commercial space. Economic Development & Housing Director reported that the developer has requested the approval be increased for an issue of $4.8 million; that the Agency has taken similar actions in the past for both housing and commercial development; and that there is no obligation on the part of the Agency. Resolution 449, approving inducement, as recommended, was presented; after which, it was moved by Birer, seconded by Foster, and unanimously carried, Apfelbaum and Smith',, absent, that Resolution 449 be adopted. 410,, CRA Minutes 10-15-86, Page 2 3. PA8 - WESSMAN Recommendation: That the Agency approve 'inducement for an Industrial Revenue Bond issue in amount of $4.5 million for John Wessman Development Company, for the construction of a retail complex on the SW corner of Sunrise and Ramon, an estimated 36,500 square feet of commercial retail space. Report highlighted by Economic Development & Housing Director. Resolution 450, approving inducement, as recommended, was presented; after which, it was moved by Birer, seconded by Foster, and unanimously carried, Apfelbaum and Smith absent, that Resolution 450 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. UDlTH SUMICH Assistant Secretary 1 MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS NOVEMBER 19, 1986 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, November 19,1986, 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 October 15, 1986 be approved. PUBLIC HEARINGS: 1. PA1B7 - WELWOOD MURRAY PLAZA Recommendation: That the Agency conduct hearing under TEFRA requirements for the proposed tax exempt financing of the Welwood Murray Plaza (formerly McCallum Civic Building) to be developed by John Wessman, in amount of $4.8 million. Economic Development & Housing Specialist reviewed staff report, and stated that Mr. Wessman has received the allocation from the State, and that this type of financing ' will not be available after 1986. Chairman declared the hearing open. Jeremy Crocker, 330 W. Arenas Road, stated that each time tax exempt financing is authorized, it adds to the Federal deficit; that the City has authorized a series of such packages, of which one did not materialize and the funds are earning untaxed interest; that there is no clear evidence the project will materialize, i .e. , there are no plans in the Planning Division since October, 1984, and the renewed search for parking suggests the project is still fluid; that the Economic Development Division showed only a single-page report recommending the issue, and could not produce financial evidence to support the issue:, and simply because this type of financing is available, does not mean that it is in National or local interest to use it. There being no further appearances, the hearing was closed. No action required at this time. PUBLIC COMMENTS: None ' LEGISLATIVE ACTION: None ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. 3 \. ;JU L _ DIT­H SUMICH Assistant Secretary MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY DECEMBER 3, 1986 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs was called to order by Chairman Bogert, in the Council Chambers, 3200 Tahquitz-McCallum Way, on Wednesday, December 3, 1986. ROLL CALL: Present: Agency Members Apfelbaum, Birer, Foster, Smith and Chairman Bogert Absent: None PUBLIC HEARING: 1. TEFRA HEARINGS RELATIVE TO ISSUANCE OF TAX EXEMPT BONDS FOR THE SUNRISE AND RAMON RETAIL COMPLEX PROJECT Recommendation: That the Community Redevelopment Agency hold a TEFRA hearing relative to the issuance of tax exempt bonds for a Retail Complex project to be developed by John Wessman in the amount of $4.5 million at Sunrise and Ramon. Economic Development Housing Specialist stated that a public hearing is required prior to the granting of preliminary approval for the issuance of tax exempt bonds; that the State has informed the City of the possibility of a $4.5 million allocation as requested by John Wessman Development Company; and that the bond issue would close December 15, 1986. ' Chairman declared the hearing open. Jeremy Crocker, 330 West Alejos, stated that the $4.5 million tax exempt financing results in a loss of revenue to the Federal Government; that responsibility for the Federal Treasury rests with the City; and that the interest rate is not being used to produce a lower density. City Manager stated that this issue is in conformance with rules established by the U.S. Congress, that the City is not proposing anything that is not already authorized by the Federal Government, nor does it obligate City funds or financial liability. There being no further appearances, Chairman declared the hearing closed. No action required. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned to Thursday, December 11, 1986, at 7:30 p.m. , in the Council Chamber. JUDITH SUMICH Assistant Secre(t'7 ��CL vlc�J q��-71—!%¢� By; Patricia Jo�ies Acting Assistant Secretary MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY DECEMBER 11, 1986 An Adjourned Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, California, was called to order by Vice Chairman Smith, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Thursday, December 11, 1986, at 7:30 p.m. ROLL CALL: Present: Agency Members Apfelbaum, Birer, Foster, and Smith Absent: Chairman Bogert APPROVAL OF MINUTES: It was moved by Birer, seconded by Apfelbaum, and unanimously carried, that the Minutes of November 19 and December 3, 1986 be approved. PUBLIC HEARINGS: I• JOINT PUBLIC HEARING - PA1B7 - WELWOOD MURRAY PLAZA Consideration of a Disposition and Development Agreement with Welwood Murray Plaza (John Wessman) for development of a retail/restaurant complex on the south side of Tahquitz Way, between Palm Canyon and Indian Avenue. Economic Development & Housing Director stated that the City and Agency entered into a Participation Agreement with Mr. Wessman to look at rehabilitation of the McCallum Building, and perhaps surrounding buildings; that it has been amended and restated, and was being submitted for ' City and Agency approval ; and that tax exempt financing has been assembled over the last week, based on allocation from the State. Tom Cunningham, legal counsel , Morgan, Lewis & Bocius, reviewed the proposed resolutions, i .e. , one each of the City and Agency to approve the amended and restated Pariticipation Agreement (Nos. 2329 and 157, respectively) , which includes parcels which have not yet been acquired, and that the Agency will use its abilities to assist in such acquisitions; and resolution of the Agency to approve the various documentation related to the financing package. Redevelopment Director stated that the amended and restated participation agreement which was available prior to the start of the hearing, was further revised, as follows: Page 8, Paragraph A. , second sentence, to read, "The Developer shall . . . . . . . . . . . . .to retail , restaurant and office. . . . . . . . . . . . " Page 9, Paragraph E. , sub-paragraph 2. , first sentence, to read, "The Participant shall not. . . . . . . the Agency, which approved(al ) shall not be unreasonably withheld. " CRA Minutes 12-11-86, Page 2 1. JOINT PUBLIC HEARING (continued) Page 10, Paragrah A. , sub-paragraph 2. ,, first sentence, to read, "In accordance with . . . . . . . . . . .appraisal completed by the Agency, in conjunction with the Participant, on or. . . . . . . . . . . . .. Page 11, sub-paragraph 4. a. , first sentence to read, "The Participant. . . . . . . . . . .interest of at least 50 years. . . . . . . . . . . . . "b) He stated that the agreement is a major expansion from that which was originally negotiated with the developer, describes Agency's assistance in acquiring the Library, and the Willard and Strebe properties south of the Library, but leaves that open to future decision depending upon how developer' s negotitations proceed for that purpose; stipulates that there will be no additional costs over those included in the original agreement, and the developer will pay for anything else; provides escape clauses for the Agency, and protection from future litigation. In answer to question by Council , concerning adequacy of notice and letter from Jeremy Crocker, Redevelopment Director stated that at the time the financing decision was being considered, Mr. Crocker asked if any additional agreements were being considered, and he informed him that there were none; that he informed him early this date that a new agreement was being prepared, i .e. , for this meeting, was enroute, and he would let him know when it was available; that he called him when it arrived, and a copy was made for him at 9:45 a.m. , with instructions ' to inform him that minor changes (those noted above) were being made; and that Mr. Crocker picked up the copy later in the afternoon on this date. He also stated that as of December 2, there were no other agreements, except those previously approved, and which have been incorported into the new agreement, which he was privy to after the Council received it. Mr. Cunningham stated that there is no reason to reschedule the hearing; that the Council/Agency was receiving it for the first time, and Mr. Crocker has no greater right than the Council/Agency; and that the agreement implements Council/Agency resolutions previously approved, and he did not see anything to preclude going forward at this time. Mayor declared the hearing opened. Tuck Broich, 1130 Manzanita, questioned if proper notice was given (staff response was affirmative) , and stated that a revised document should be available for public review before the last minute, as well as before the last minute for the Council . Seamus Nunan, questioned what impact the project would ' have on the downtown Library, Deyna Hodges, 2122 E. Bar,isto, also questioned if the Library would still be a library. CRA Minutes 12-11-86, Page 3 1. JOINT PUBLIC HEARING (Continued) Redevelopment Director stated that the issue revolved around a concept to expand and remodel the McCallum Building, hopefully, to use the Library as a retail complex, as well as properties to the south, to make a greater retail complex; that Mr. Wessman has been working on his own to acquire the other properties, and asked the City if there was a chance of getting the Library site, and he was aware of the reversionary clause; that there is reason to believe that the heirs might be conducive to a buy-out or negotiate their interest, and allow the site to no longer be restricted to library use; that the proceeds from the sale would go to the Library Fund; that the Agency was asked to use its capabilities if Wessman could get the funds together, and negotiations came to a standstill ; and that if parcels do not come together, the bottom line is that the bonds amount would be reduced and repaid. He stated that the Library building wuld not be changed. Ms. Hodges stated that she believed other people would have been at the meeting if they knew of the expanded project. Redevelopment Director stated that if all negotiations between the developer and property owners are unsuccessful , the matter would come back to the Agency to determine if it wished to utilize eminent domain proceedings, in which case a resolution of necessity and public hearing would be required. ' Economic Development & Housing Director read sub-paragrph 4.a. , of Page 11 of the agreement, regarding purchase of the unacquired properties. City Manager stated that the agreement does not take the place of law, and questioned legal counsel as to whether there was anything in the agreement that would abridge legal procedures of the Agency concerning use of eminent domain, should it later be considered as a possibility. Legal Counsel Cunningham stated that there is nothing that would frustrate the normal process of either the Agency or the City. Redevelopment Director stated that he had been in touch with Mr. Stoever, and the wording at the end of the paragraph was suggested by him; and it has been cleared by legal counsel as a proper procedure to use. Agency Resolutions 451 and 452, approving financing documents and the amended and restated participation agreement, respectively; and Council Resolution 16071, approving the amended and restated participation agreement, were presented, after which, it was moved by Birer, seconded ' by Apfelbaum, and unanimously carried, Bogert absent, that Resolutions 451, 452, and 16071 be adopted. LEGISLATIVE ACTION: CRA Minutes 12-11-86, Page 4 2. PA4B11 - AUTO CENTER (EPSTEEN) Consideration of approving assignment of the Disposition and Development Agreement with Peter Epsteen, Ltd. for development of an auto sales center Ito Luther Company Limited Partnership (previously approved for assignment to Symbolic Classic Cars, Ltd. , but transaction not consum- mated). Redevelopment Director reported that Mr. Epsteen was not successful in consummating the previously approved assignment, and has negotiated with Luther Company, for Parcel 1 under the Participation Agreement; and staff investigation shows the Company to be a very substantial auto dealer in the Minneapolis area. Agency Foster stated that he would abstain due to appearance of conflict. Resolution 453, approving the assignment:, as recommended, was presented; after which, it was moved by Apfelbaum, seconded by Birer, and unanimously carried, Foster abstaining, that Resolution 453 be adopted. ADJOURNMENT There being no further business, Vice Chairman declared the meeting adjourned. JUDITH SUMICH Assistant Secretary t