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HomeMy WebLinkAbout1/1/1984 - CRA MINUTES r5(1 MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY JANUARY 3, 1984 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, City Hall , 3200 Tahquitz-McCallum Way, on Tuesday, January 3, 1984, at 3 p.m. ROLL CALL: Present: Members Doyle, Foster, Maryanov, Smith and Bogert Absent: None LEGISLATIVE ACTION: None CLOSED SESSION: Chairman declared the, meeting adjourned for the purpose of convening in Closed Session (legal ) , after which, he declared the meeting adjourned JUDITH SUMICH Asst. Secretary MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY JANUARY 4, 1984 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 4, 1984, at 7:30 p.m. ROLL CALL: Present: Members Doyle, Foster, Maryanov, Smith and Chairman Bogert Absent: None APPROVAL OF MINUTES: It was moved by Doyle, seconded by Maryanov, and unanimously carried, that the minutes of November 16, 23 and 30, and December 2, 7, 13, 19, 19, 21 and 22, 1983 be approved. LEGISLATIVE ACTION: 1 . PA#lB2 - CREST ANTIQUES LEASE Recommendation: That the Agency lease its property at 433 N. Palm Canyon Drive to Robert Lamb, dba Crest Antiques, for $300 per month, for a one-year term commencing December 15, 1983. Resolution 190, approving lease agreement, was presented; after which, it was moved by Foster, seconded by Smith, and unanimously carried, that Resolution 190 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned to Tuesday, January 10, 1984, at 2:15 p.m., in the Large Conference Room, City Hall . �y UDITH SUMICH Assistant Secretary MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY JANUARY 10, 1984 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 Confernce Room, City Hall , 3200 Tahquitz-McCallum Way, on Tuesday, January 10, 1984, at 2:15 p.m. ROLL CALL: Present: Members Doyle, Foster, Maryanov, Smith, and Chairman Bogert Absent: None LEGISLATIVE ACTION: None ADJOURNMENT There being no further business, Chairman declared the meeting adjourned to a Closed Session (legal ) , and upon reconvening, declared the meeting further adjourned to Thursday, January 12, 1984, at 4:30 p.m. , Large Conference Room, City Hall . aJUDITH SUMICH Asst. Secretary MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY JANUARY 12, 1984 An Adjourned Regular Meeting of the Community Redevlopment Agency of the City of Palm Springs, was called to order by Chairman Bogert, in the Large Conference Room, City Hall , 3200 Tahguitz-McCallum Way, on Thursday, January 12, 1984, at 4:30 p.m. ROLL CALL: Present: Members Doyle, Foster, Maryanov, Smith and Chairman Bogert Absent: None LEGISLATIVE ACTION: None ADJOURNMENT There being no further business, Mayor declared the meeting adjourned to a Closed Session (legal ) , and upon reconvening, declared the meeting adjourned. l/ JUDITH SUMICH Asst. Secretary 2:s•x MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY FEBRUARY 1 , 1984 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 1 , 1984, at 7:30 p.m. ROLL CALL: Present: Members 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 26, 27, 28, 29 & 30, 1983, and of January 3, 4, 10 & 12, 1984 be approved. LEGISLATIVE ACTION: 1 . PA#6 - N. PALM CANYON Recommendation: That the Agency refer proposed Redevelop- ment Plan to the Planning Commission and Project Area Committee for the North Palm Canyon Redevelopment Area. Resolution 191 , referring plan as recommended, was presented ; after which, it was moved by Smith, seconded by Foster, and unanimously carried, that Resolution 191 be adopted. 2. PA5 - OASIS - REDEVELOPMENT PLAN Recommendation: That the Agency refer proposed Redevelop- ment Plan to the Planning Commission for the Oasis Redevelopment Area. Resolution 192, referring plan as recommended, was presented; after which, it was moved by Smith, seconded by Foster, and unanimously carried, that Resolution 192 be adopted. 3. PA5, 6 & 7 - DWA PASS-THROUGH AGREEMENTS Recommendation: That the Agency approve letter agreement with Desert Water Agency, relative to tax increment pass- through, for Project Areas 5, 6 & 7. The same agreement was approved for Project Areas 3 & 4. Resolutions 193, 193-A and 193-B, were presented, approving the agreement as applicable to each project area recom- mended; after which, it was moved by Maryanov, seconded by Foster, and unanimously carried, that Resolutions 193, 193-A and 193-B be adopted. 4. PA1 - FINANCING Recommendation: That the Agency rescind prior resolutions 181-A, 182 and 183, and adopt similar resolutions, relative to a bond issue of $10 million. Resolution 194, authorizing and directing sale of the bonds, adopting official notice of sale and statement, and authorizing official action, was presented; after which, it was moved by Foster, seconded by Smith, and unanimously carried, that Resolution 194 be adopted. Resolution 195, authorizing issuance of the bonds, was presented; after which, it was moved by Foster, seconded by Smith and unanimously carried, that Resolution 195 be adopted. CRA Minutes 25:) 2-1-84 Page 2 4. PA1 -- FINANCING (Continued) Secretary submitted letter refusing to publish notice of sale; after which, Resolution 196, authorizing litigation to compel action by the Secretary, was presented, and -it was moved by Foster, seconded by Smith, and unanimously carried, that Resolution 196 be adopted. 5. PA3 & 4 - PASS-THROUGH AGREEMENT Recommendation: That the Agency rescind Resolution 188 (Ramon Bogie) and Resolution 189 (South Palm Canyon) and approve revised agreements with the Riverside County Flood Control Distract for pass-through of tax increment funds for these project areas. Resolutions 197 and 198, rescinding said resolutions, respectively, and approving agreement for each project area, as recommended, was presented; after which, it was moved by Foster, seconded by Maryanov, and unanimously carried, that Resolutions 197 and 198 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. JUDITH SUMICH Asst. Secretary 1 00 MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY FEBRUARY 15, 1984 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; after which, the meeting adjourned to the Palm Springs High School Auditorium, and business resumed upon reconvening, on Wednesday, February 15, 1984, at 7:30 p.m. ROLL CALL: Present: Members Maryanov, Foster, Smith & Chairman Bogert None LEGISLATIVE ACTION: 1 . PA#5 - REDEVELOPMENT PLAN & EIR Recommendation: That the Agency approve proposed Redevelop- ment Plan & EIR for the Oasis Redevelopment Area and request joint public hearing thereon with the City Council . Report by Redevelopment Director, stating that hearing would be held March 21 , 1984. Resolution 199, approving action as recommended, was presented; after which, it was moved by Smith, seconded by Maryanov, and unanimously carried, that Resolution 199 be adopted. 2. PA#5 - RULES FOR OWNER PARTICIPATION Recommendation: That the Agency approve the Rules for Owner Participation for agreements relative to the Oasis Redevelop- ment project area. Resolution 200, approving rules as recommended, was presented; after which, it was moved by Foster, seconded by Smith, and unanimously carried, that Resolution 200 be adopted. REPORTS - Received & Ordered Filed a) Treasurer's Reports - December, 1983 ADJOURNMENT There being no further business, Chairman declared the meeting adjourned to Tuesday, February 28, 1984, at 2 p.m. , in the Large Conference Room, City Hall . 7 C?/ .��. ( JUDITH SUMICH Assistant Secretary J MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY FEBRUARY 28, 1984 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 Tuesday, February 28, 1984, at 2 p.m. ROLL CALL: Present: Members Foster, Marya.nov, Smith & Chairman Bogert Absent: None (Note: See City Council Minutes this date) 1 . PAl FINANCING Recommendation: That the Agency authorize the absorption of administrative costs by project areas other than CBD, commencing Fiscal Year 1985-86, and continuing each year thereafter for as long as it is necessary to maintain debt service coverage of 125% for 1984 Series A Tax Allocation Bonds. Redevelopment Director read his report, dated February 28, 1984, stating that the acquisition costs for the Desert Fashion Plaza expansion project has been established at $6.212 million, which includes potential court settlements and is in the range within which staff was working; that satisfaction of the annual debt service will necessitate the pledge of all tax increment revenues from the COB Redevelopment Project Area, including tax increment revenues from the proposed project; that the Agency will provide $1 million in cash toward the project, and the City will loan $500,000 for certain off-site work, in addition to deferring principal and interest payments on outstanding loans to the Agency, as needed, to maintain coverage on the debt service of at least 125%; and that Agency Administrative Costs during the same period may require a further loan from the City, and it is anticipated that administrative funding will be shifted to other redevelop- ment project areas. He stated the City will receive at least $500,000 per year in the form of sales and room tax from the projects Executive Director stated that it was expected that $.5 million in sales and room tax revenues to the City would be allocated somewhat to the Agency to use for back-up of the bonds, how- ever, the financing has not worked out in that manner, and the result is to the benefit of the General Fund and not the Redevelopment Fund; that the loan from the City is recom- mended, which is believed to be totally justified to the extent that a substantial amount of it had been anticipated as needed for backup, and protection and flexibility are provided. Resolution 201 , authorizing absorption, and Resolution 202, ' amending the budget to accept $500,000 loan from the City into Account 89-180-4533; after which, it was moved by Smith, seconded by Foster, and unanimously carried, that Resolutions 201 and 202 be adopted. 2. PAl - FINANCING Recommendation: That the Agency approve the Official Statement for Tax Allocation Bonds and authorize the mailing of same to appropriate parties. Report reviewed by Redevelopment Director. CRA Minutes 2-28-84 Page 2 2. PAI (Continued) In response to question by Agency, Assistant City Manager stated that the bottom line guarantee by the developer is a minimum of $535,000 per year in tax increment or in-lieu payments - about one-half of the annual dlebt service charge for the $9.3 million issue. Resolution 203, approving the Official Statement„ as recom- mended, was presented; after which, it was moved by Maryanov, seconded by Foster, and unanimously carried, that Resolution 203 be adopted. 3. PA1B4 - LAND ACQUSITION Recommendation: That the Agency approve final settlement for values for land, buildings, business goodwill , business value, leasehold value, relocation compensation, fixtures, inventory, equipment, compensation for waiving all legal challenges other than business value and land and building value in those cases where negotiations were unsucessful ; and approve other monetary compensation related to the acquisi- tion of those properties necessary for satisfying the terms of the Participation Agreement: entered into with the North Plaza Associates and South Plaza Associates. Redevelopment Director reviewed the specific amounts of each parcel/business involved, and recommended) that the Agency also ratify actions taken by the Agency Secretary, Assistant Secretary and Treasurer in relation thereto. He stated that business value, leasehold value and relocation compensation for Marag, Inc. will be settled in court, as well as land and building cost for the Blank property, and settlements in those instances only related to waiving rights to challenge all legal issues except those matters. Resolution 204, approving settlement agreements, and ratifying actions of Secretary, Assistant Secretary and Treasurer in connection therewith, was presented; after which, it was moved by Maryanov, seconded by Smith, and unanimously carried, that Resolution 204 be adopted. 4. PAlB4-6 - ENGINEERING SERVICES Recommendation. That the Agency approve three-part letter agreement with Sanborn-Webb, Inc. , for engineering services relating to off-site work in connection with Desert Fashion Plaza expansion project, in total amount not; to exceed $30,000. Report reviewed by Redevelopment Director. Resolution 205, approving letter agreement, as recommended, was presented; after which, it was moved by Smith, seconded by Foster, and unanimously carried, that Resolution 205 be adopted. O CRA Minutes 2-28-84 Page 3 5. PA1B4-6 - PARTICIPATION AGREEMENT/FIRST IMPLEMENTATION AGREEMENT Recommendation: That the Agency approve the First Implementa- tion Agreement to the Owner-Participation Agreement with North Plaza Associates and South Plaza Associates. Economic Development Coordinator highlighted report of Rede- velopment Director, dated February 28, 1984, noting the changes to clarify developer participation in Agency costs, to reflect additional $50,000 annual participation, and the conveyance of possession, instead of fee simple, in some instances at the close of escrow, because of the eminent domain proceedings; and that participant's guarantee ends when the obligation ends - i .e. , when the guaranteed minimum tax increment of no less than $530,000 has been received for two successive Fiscal years. She stated that the schedule of performance has also been altered because of delays in acquiring the land or possessory rights, and in negotiations between the guarantor and its partners and tenants. She also stated that escrow is scheduled to close April 1 , 1984. Resolution 206, approving the First Implementation Agreement as recommended., was presented; after which, it was moved by Foster, seconded by Maryanov, and unanimously carried, that Resolution 206 be adopted. 6. PA5 - OASIS Recommendation: That the Agency delay the Oasis Redevelopment Project hearing until July and begin preparation of work in anticipation of legislation being passed. Redevelopment Director stated that AB203 significantly affects the adoption process for new redevelopment projects, and it appears that it will move through the legislative process before the Agency completes its adoption process for the Oasis Redevelopment Area, which would result in re-doing the fiscal review and negotiation with taxing agencies, as well as re-notice and re-hearing the project. It was moved by Smith, seconded by Foster, and unanimously carried, that notice be given that the hearing previously scheduled is cancelled and this matter will be delayed until July, 1984. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. JUDITH SUMICH Assistant Secretary 266 MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS MARCH 7, 1984 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 7, 1984, at 7:30 p.m. ROLL CALL: Present: Members Foster, Maryanov, Smith & Chairman Bogert Absent: None APPROVAL OF MINUTES: It was moved by Foster, seconded by Smith, and unanimously carried, that the minutes of February 1 , 1984, be approved. 1 . PA5B1 - OPTION TO PURCHASE Recommendation: That the Agency authorize option agreement with Leonard & Jeanne Hess to 'acquire SW corner of Tahquitz- McCallum Way and Cahuilla Road, a 36,210 sq, ft. parcel . Redevelopment Director stated that this matter was reviewed in detail at the last study session:, that the property is immediately south of the Desert Fashion Plaza, and has the potential for• a theatre/restaurant complex; that it can also be used for temporary parking during construction of the Fashion Plaza expansion. He stated that the Council has been requested to loan the Agency $100,000 to cover the option, and that acquisition at a cost of $550,000 would have to be completed in two years, in order to apply the $100,000 to the purchase price. Resolution 207, authorizing the option agreement, as recom- mended, was presented; after which, it was moved by Foster, seconded by Smith, and unanimously carried, that Resolution 207 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. (� JUDI'TH SUMICH Assistant Secretary 2 E MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS MARCH14, 1984 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, City Hall , 3200 Tahquitz-McCallum Way, on Wednesday March 14, 1984, at 6 p.m. ROLL CALL: Present: Members Foster, Maryanov, Smith and Chairman Bogert Absent: None LEGISLATIVE ACTION: 1 . PA1 - FINANCING Recommendation: That the Agency amend Resolution 194, in full , and award sale of bonds and ratify Official Statement. Charles "Chick" Adams, Jones Hall Hill & White, bond counsel , indicated main changes in Resolution 194, as a result of comments from rating agencies, primarily relative to the insurance company (Pg. 37-38) , if the Agency fails to make the payment. He read the change, noting that the Agency would assign all rights against North Plaza Associates and South Plaza Associates and DeBartolo to the Bank and that any revenues collected would be applied to the bond holders. He stated that other changes are minor and are "cleanup. " Steve Kark, Birr Wilson & Co. , Inc. , financial consultant, read page 12 of the Official Statement, relative to additional bond test, and change thereto, which he stated is more conserv- ative than originally written, i .e. , "independently appraised market value of construction completed, but not yet recorded on the Assessor' s role. " He stated that a AAA rating has been received; that the insurance company can look to the Agency and developer; and that the premium is $240,000 . Resolution 208, amending Resolution 194 in full , was presented; after which, it was moved by Maryanov, seconded by Smith and unanimously carried, that Resolution 208 be adopted. Bond Sale: Redevelopment Director reported result of bids, net of interest, as follows: Merrill Lynch Capital Markets 9.3207 E.F. Hutton & Co, , Inc. & Assoc. 9.381937 He stated that Payne Weber was late in submitting its proposal , which would not have been less than Merrill Lynch, in any event. He stated that Birr Wilson joined with Merrill Lynch on this date in submitting the bid. ' Steve Kark stated that over the life of the issue, the differ- ence between the two bids is $80,457.38; that within one hour after the sale, 50% of the bonds had been sold; and that this is the first time a AAA rating has been given when there has not been 120% of coverage at the very outset. Resolution 209, awarding the sale to Merrill Lynch Capital Markets, per its bid, was presented; after which, it was moved by Foster, seconded by Maryanov, and unanimously carried, that Resolution 209 be adopted. CRA Minutes 3-14-84 Page 2 ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. � 'JUDITN SUMICN Assistant Secretary I MINUTES OF 2 b,i CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY AND CITY COUNCIL MARCH 27, 1984 Adjourned Regular Meetings of the City Council and Community Redevelop- ment Agency of the City of Palm Springs, were called to order in the Large Conference Room, City IlaI1 , 3200 Tahquitz-McCallum Way, on Tuesday, March 27, 1984, at 3 p.m. ROLL CALL: Present: Council/Agency Members Foster, Maryanov, Smith and Mayor/Chairman Bogert Absent: None Need for anticipated action did not come to fruition by this time. ADJOURNMENT There being no further business, Mayor/Chairman declared the meeting adjourned to Tuesday, April 3, 1984, at 3 p.m. , in the Large Conference Room, City Hall . UDITH SUMICH City Clerk and Assistant Secretary 1 1 MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY APRIL 3, 1984 An Adjourned Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, was 'called to order by Vice-Chairman Maryanov, in the Large Conference Room, City Hall , 3200 Tahquitz-McCallum Way, on Tuesday, April 3, 1984, at 3 p.m. ROLL CALL: Present: Members Foster, Maryanov, and Smith Absent: Chairman Bogert 1 . FA#1B4-6 - LAND ACQUISITION Economic Development & Housing Coordinator stated that certain leaseholders will remain on the property after it has been conveyed, and proposed agreement indemnify the title company from any liability which might arise after the conveyance in escrow; and that a new Exhibit C has been added to the agreements to include all tenants on the Bunker Trust site, as well as the Ben Blank property and leasehold interests of MDX and Lotions & Potions. ' She also reported that the form of grant deed to convey the property has been slightly modified to reflect that lack of fee simple title, and noted that date of the deed will be upon execution and date of second implementation agreement will be inserted at that time. It was moved by Foster, seconded by Smith, and unanimously carried, that these items be continued to April 4, 1984. 2. PA#1 - PARTICIPATION - ASSUMPTION AGREEMENT Recommendation: That the Agency approve Assumption Agreement -- to allow Desert Fashion Plaza, Inc. , a subsidiary of the Edward J. DeBartolo Corportion, to become a general partner in the North Plaza Associates and South Plaza Associates. Economic Development & Housing Coordinator stated that the Assumption Agreement allows DeBartolo to become a participant in the Participation Agreement; currently it is as a guarantor in the agreement. She also stated that a second implementation agreement will be before the Agency in the near future, relative to revised scope of development to more clearly delineate responsibilities as to implemention of the parts of the project. It was moved by Foster, seconded by Smith, and unanimously carried, that these matters be continued to April 4, 1984. 3. ANDREAS ROAD Economic Development & Housing Coordinator stated that proposed agreement and authorization to enter upon land betweeen the Agency and the participant, will allow the use of Andreas Road as a street until June 10, 1984, with provision for addi- (136) tional extensions. It was moved by Foster, seconded by Smith, and unanimously carried, that this matter be continued to April 4, 1984. ADJOURNMENT There being no further busines Vice-Chairman declared the meeting adjourned. J� DITH SUMICH Asst. Secretary COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS. APRIL 4, 1984 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 4, 1984, at 7:30 p.m. ROLL CALL: Present: Members Foster, Maryanov, Smith & Chairman Bogert Absent: None APPROVAL OF MINUTES: It was moved by Foster, seconded by Smith, and unanimously carried, that the Minutes of February 15 and 28 and March 7, 14 and 27, 1984, be approved. LEGISLATIVE ACTION: 1 . COMPUTER BUDGET Executive Director recommended that proposal to provide funds for purchase of computer, software and programming services, be removed from the agenda at this time, in line with discus- sion at April 3, 1984, study session. So ordered 2. PA#1B4-6 - LAND ACQUISITION Recommendation: That the Agency approve Indemnity Agreements (2) with Transamerica Title Insurance Co. , in line with presen- tation and review made at the April 3, 1984 meeting. Resolution 210, approving agreements as recommended, was — presented; after which, it was moved by Foster, seconded by Maryanov, and unanimously carried, that Resolution 210 be adopted. 3. PA#1B4-6 - LAND ACQUISITION Recommendation: That the Agency approve grant deed for the conveyance of parcels in PAl Block 4 to North Plaza Associates, date of second implementation agreement referred to therein to be inserted at time of executing the deed, and authorizing execution thereof. Resolution 211 approving the deed and execution thereof as recommended, was presented; after which, it was moved by Smith, seconded by Foster, and unanimously carried, that Resolution 211 be adopted. 4. PA#1 - PARTICIPATION Recommendation: That the Agency approve Assumption Agreement to allow Desert Fashion Plaza, Inc. , a subsidiary of the Edward J. DeBartolo Corporation, to become a general partner in the North Plaza Associates and South Plaza Associates Participation Agreement. Report reviewed by Economic Develop- ment & Housing Coordinator, and was discussed in detail at April 3, 1984 meeting. Resolutuion 212, approving the Assumption Agreement, as recom- mended, was presented ; after which, it was moved by Foster, seconded by Maryanov, and unanimously carried, that Resolution 212 be adopted. CRA Minutes Diu 4-4-84 Page 2 5. PA#1 - PARTICIPATION AGREEMENT - SECOND IMPLEMENTATION Economic Development & Housing Coordinator stated that this matter was not ready to come before the Agency, and recommended it be continued to April 10, 1984. It was moved by Foster, seconded by Maryanov, and unanimously carried, that this matter be continued to April 10, 1984. 6. ANDREAS ROAD Recommendation: That the Agency approve agreement to enable the City to continue to maintain Andreas Road for traffic until the street is actually closed. Economic Development & Housing Coordinator stated that the agreement would expire in June, but includes a provision for extension. (136) Resolution 213, regarding use of Andreas Road upon conveyance of the property and authorizing agreement, as recommended, was presented; after which, it was moved by Foster, seconded by Smith, and unanimously carried, that Resolution 213 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. (� �JUDITH SUMICH Assistant Secretary MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY APRIL 10, 1984 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 Tuesday, April 10, 1984, at 3 p.m. ROLL CALL: Present: Members Foster, Maryanov, Smith & Chairman Bogert Absent: None — CLOSED SESSION: Chairman declared the meeting adjourned to a Closed Session, and upon reconvening, business resumed. 1 . PA#1 - SECOND IMPLEMENTATION AGREEMENT Economic Development & Housing Specialist reported that the Second Implementation Agreement provides conditions of approval as an attachment to the scope of development of the Participa- tion Agreement, and delineates repsonsibilities between developer and the Agency for the purpose of those condi- tions; with exception regarding conditions relative to sewers, and there will be negotiations as to who does what in terms of utilities ; and the proposed Resolution provides that the Executive Director is authorized to approve the number of hotel rooms to be included in the final plan. Resolution 214, approving the agreement, as recommended, was presented; after which, it was moved by Smith, seconded by Maryanov, and unanimously carried, that Resolution 214 ' be adopted. — 2. PA1B4-6 - LAND ACQUISITION Redevelopment Director reported that the Agency acquired the Bunker Trust site for $3.5 million, for which it. paid $1 .5 million and provided a note for $2 million, secured by a Deed of Trust to be reconveyed upon payment of the $2 million; that the Trustees have refused to sign the recon- veyance based on advice from their legal counsel , and agreement has been worked out with them and Transamerica Title Insurance, whereby the Agency will deposit into escrow a Certificate of Deposit for $2 million payable to the Agency to mature January 12, 1985, at which time the first installment on the note will be paid, and the remainder of the funds will be reinvested in another Certificate of Deposit, again due at the time of the second installment in January, 1986. He recommended that the Agency direct the Treasurer to purchase the CD and place it in escrow in-lieu of receiving a recon- veyance on the Deed of Trust. Mr. Maryanov questioned why Security Pacific National Bank was listed, and suggested that the agreement provide that the CD bear a rate of interest "at least sufficient" to cover the interest due on the note payment. Assistant City Manager stated that State Law provides that when an institution takes on that type of investment vehicle, it must provide properly authorized collateral to cover 110% of the investment - which must be deposited with the State - and if the institution could not provide it, or refused to do so, the investment would not be made. Mr. Maryanov requested that the Treasurer "shop" for the best interest rate. 263 CRA Minutes 4-10-84 Page 2 2. PA1B4-6 (Continued) Resolution 215, authorizing ,the purchase of the Certificate of Deposit for the purposes above described, was presented; after which, it was moved by Maryanov, seconded by Smith, and unanimously carried, that Resolution 215 be adopted. Indemnity Agreement: As a result of discussion relative to specifying the institu- tion from which the Certificate of Deposit would be made, it was the consensus of the Agency that reference to Security Pacific National Bank be struck, and in-lieu thereof, language to reflect issuance of the CD by an appropriate financial institution authorized by law to be a depository for public funds be inserted. Resolution 216, approving the Indemnity Agreement with Trans- america Title Insurance Co. , as modified, was presented; after which, it was moved by Maryanov, seconded by Smith, and unanimously carried, that Resolution 216 be adopted. 3. PA1B1 - LAND ASSEMBLY Redevelopment Director reported that the owner of the property on the South side of Alejo Road, between Palm Canyon and Indian Avenue, is willing to sell to the adjacent property owner, under threat of eminent domain. Specifically, the Agency would acquire the property from Don Williams, and in turn the Agency would in a simultaneous escrow sell the property to the adjacent property owner. He stated that the land assembly provides the potential for a better project. Resolution 217, authorizing acquisition under threat of eminent — domain and conveyance of the property to Richard & Stanton Groman, Harry & Peggy Jean Groman, and S. Jon Kreedman, was presented; after which, it was moved by Maryanov, seconded by Foster, and unanimously carried, that Resolution 217 be adopted. 4. BELARDO ROAD FINAL DEVELOPMENT PLANS Recommendation: That the Agency approve the final plans for the improvement of Belardo Road, as approved by the City Engineer and City Staff. Economic Development & Housing Specialist reported that the Second Implementation Agreement provides for approval of the Belardo Road improvement plans (136) by the Agency and the City; that the City Engineer and Traffic Engineer have approved the plans. It was moved by Foster, seconded by Smith, and unanimously carried, that the plans be approved as recommended. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. �dUDITH SUIMICH Assistant Secretary shy MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS MAY 2, 1984 A Regular Meeting of the City Council was called to order by Chairman Bogert, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, May 2, 1984, at 7:30 p.m. ROLL CALL: Preent: Members Birer, Foster, Maryanov, Smith & Chairman Bogert Absent: None APPROVAL OF MINUTES: It was moved by Foster, seconded by Smith, and unanimously carried, that the minutes of April 3, 4, & 10, 1984, be approved. 1 . FINANCIAL DISCLOSURE - For Filing a) Eli Birer Statements for all Survey Areas. 2. PA5 - OASIS (BOUNDARY CHANGE) Recommendation: That the Agency delete property at the NW corner of Arenas Road and Cahuilla Road (Crocker) from the project area. Report of Redevelopment Director, dated May 2, 1984, reviewed by Redevelopment Planner. Resolution 218, deleting the property as recommended, was presented; after which, it was moved by Birer, seconded by Foster, and unanimously carried, that Resolution 218 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. P- JUDITH SUMICH Assistant Secretary 2'1+.i MiilhlUlES GF CITY 01 PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY MAY 16, 1984 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 ,day, on Wednesday, May 16, 1984 at 7 :30 p.m, ROLL CALL: Present: 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 May 2, 1984 be approved. LEGISLATIVE ACTION: 1 . PA5 - REDEVELOPMENT PLAN AND EIR Recommendation: That the Agency adopt its report to the Council for the Oasis Redevelopment Plan, submit the report, proposed redevelopment plan and final EIR to the Council , and request holding a joint public hearing thereon For June 27, 1984. Report was reviewed by Redevelopment Planner. Resolution 219, receiving the report and requesting the joint public hearing, as recommended was presented; after which, it was moved by Foster, seconded by Birer, and unanimously carried, that Resolution 219 be adopted. 2. PA IB2 - ENGINEERING SERVICES Recommendation. That the Agency approve an addendum to the Sanborn-Webb Consulting Engineerinq Contract, to provide services for construction staking and soils testing for the Belardo Road realignment for the sum of $9,010. Report was reviewed by Redevelopment Planner. Resolution 220 approving amendment to the letter agreement, as recommended, was presented; after which, it was moved by Smith, seconded by Foster, and unanimously carried, that Resolution 220 be adopted. ADJORNMENT There being no further business Chairman declared the meeting adjourm_�d to Tuesday, May 22, 1984 at 3 p.m. in the Large Conference Room. iimm SUMICH ssistant Secretary MINUTES OF CITY 01 PALM SPRTNGS COMMUNITY REDEVELOPMENT AGENCY MAY 22, 1984 An Adjourned Regular Meeting of the Community Redevelopment Agency was called to orderby Chairman Bogert, in the Large Conference Room, City Hall , 3200 Tahquitz=McCallum Way, on Tuesday, May 22, 1984, at 2 p.m. ROLL CALL: Present: Members Birer, Foster, Maryanov, Smith & Chairman Bogert Absent: None ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. CJUDITH LICH Assistant Secretary 27 MINUFES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY MAY 25, 1984 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, City Hall , 3200 Tahquitz-McCallum Way, on Friday., May 25, 1984, at 2 p.m. ROLL CALL: Present: Members Foster, Maryanov, Smith & Chairman Bogert LEGISLATIVE ACTION: 1 . PAlB4-6 - THIRD IMPLEMENTATION AGREEMENT Resolution 221 , approving Third Implementation Agreemen to the Participation Agreement with North & South Plaza Associates, relative to Desert Fashion Plaza expansion, was presented ; after which, it was moved, seconded and unanimously carried, that Resolution 221 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. is R ITI-I SUMICH Assistant Secretary . o a MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY JUNE 6, 1984 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 6, 1984 at 7 :30 p.m. ROLL CALL: Present: Members Birer, Foster, Maryanov, Smith and Chairman Bogert Absent: None LEGISLATIVE ACTION: 1. PA2 - DESIGN SERVICES Recommendation: That the Agency authorize the Executive Director to enter into an agreement with T.K.D. Associates in amount not to exceed $3,860.00, to provide professional services for the design, contract preparation and inspection of landscaping along Belardo Road adjacent to the O' Donnell Golf Course. This matter was reviewed in detail at the last study session and no further report was given. Resolution 222 authorizing execution of ,the agreement, as recommended, was presented; after which, it was moved by Maryanov, seconded by Foster, and unanimously carried, that Resolution 222 be adopted. 2. PA1B2 - TEXACO SITE Recommendation: That the Agency authorize an increase in purchase requisition with IONIC Construction Company to cover the cost removal and disposition of underground gasoline tanks at 395 North Palm Canyon Drive for an additional amount of $4 ,585.00. Note original contract was under $5,000, and was awarded using informal bidding procedures. Resolution 223 authorizing the expenditure was presented; after which, it was moved by Smith, seconded by Birer, and unanimously carried, that the Resolution 223 be adopted. ADJORNMENT There being no further business Chairman declared the meeting adjourned. tiQ i JUDITH SUMICH Assistant Secretary 2 J�i MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPiAENT AGENCY JUNE 19, 1984 A Special Fleeting of the Community Redevelopment Agency of the Cil:y of Palm Springs, was called to order by Chairman Bogert, in the Large Conference Room, City Hall , 3200 Tahquitz-McCallum Way, on Tuesday, June i9, 1984, at 3 p.m. ROLL CALL: Present: Members Birer, Foster, Maryanov, Smith 8, Chairman Bogert Absent: None LEGISLATIVE ACTION: 1 . CONVENTION CENTER - FINANCING Economic Development & Housing Director recommended adoption of "inducement resolution" declaring intent to issue bonds relative to the convention center and headquarters hotel project, provided all legal , economic, and feasbility requests are made to the satisfaction of the City Council ; such action would be similar to that adopted by City Council Resolution 15096. Resolution 224, declaring intent as recommended, was presented; after which, it was moved by Foster, seconded by Birer, and unanimously carried, Marvannov and Smith abstaining, that Resolution 224 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. 9 JUDITH SUMICH Assistant Secretary 21 MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS JUNE 20, 1984 Due to lack of a quorum, the. Regular Meeting of the Community Redevelopment Agency of June 20, 1984, was adjourned by the Assistant Secretary to Wednesday, June 27, 1934, at 7:30 p.m. , in the Council Chamber, 3200 Tahquitz-McCallum Way. ROLL: Present: None Absent: Members Birer, Foster, Maryanov, Smith and Mayor Bogert ISii H SUAssstant Secretary 27i NINU1ES O CITY 01: PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY JUNE 27, 1984 An Adjourned Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, and an Adjourned Regular Meeting of the City Council of the City of Palm Springs, were called to order by Mayor/Chairman Bogert, in the Council Chamber, 3200 Tahquitz_-McCallum tdlay, on June 27, 1984, at 8:55 p.m. Mayor/Chairman stated that the joint meeting of the Agency and the City Council was for the purpose of considerin(p and acting upon the Redevelopment Plan and EIR for the Oasis Redevelopment Project. ROLL CALL: Present: Council/Agency Members Birer, Foster, Maryanov, Smith & Mayor/Chairman Bogert Absent: None JOINT PUBLIC HEARING: 1 . PA5 - OASIS - REDEVELOPMENT PLAN & EIR Redevelopment Director submitted the following exhibits, for, the record. a) Exhibit 1 : Affidavit of Publication of Legal Notice of Joint Hearing:, and b) Exhibit 2: Certificate of Mailing Notice to Property Owners; and c) Exhibit 3: Certificate of Mailing Notice of Hearing to Taxing Jurisdictions as required by Section 33349 of the Health and Safety Code. Mayor explained the procedures to be followed during the conduct of the hearing, stating that persons wishing to give testimony would first be sworn and would be subject to questions through the Chair; and requested a show of hands of those wishing to give testimony either 'for or against either the Redevelopment Plan or the EIR; and stated that a transcript would be made of the proceedings, a copy of which is on file in 'the Office of the City Clerk. At which time he declared the hearing open. Court Reporter proceeded to swear in staff members, Agency legal counsel ; and witnesses desiring to give testimony. Legal Counsel , Gregory Sanders, stated that evidence would be introduced for consideration by the Council/Agency in connection with findings and determinations that would be made in the adoption of an ordinance adopting the Redevelopment. Plan; and that the findings and determinations are contained in Section 33367 of the Health and Safety Code and generally as outlined in the procedural outline for the hearing, a copy of which is on file in the Office of the City Clerk. There being no objections, certification of official actions, as read by Redevelopment Director, a copy of which is on file in the Office of the City Clerk, wtas entered into the record as Exhibit 4. CRA Minutes 6-27-04 Page 2 1 . PA#5 (Continued) Redevelopment Specialist referred to and summarized pertinent parts of the Report of the Agency to 'the Council , which is the basic supporting documentation for the plan and ordinance which will adopt it.; noting that the plan has previously been submitted to the Agency/Council and reviewed by said bodies and available for public inspection. He recited contents of the report, summarizing blighting influences and consultation with taxing agencies, referring to the Report of the Fiscal Review Committee, which was not completed and available when the Agency previously submitted the Report to the Council . The Report was entered into the record as Exhibit 5. Ile then summarized the EIR, stating that the major impact relates to compliance with the General Plan at a time earlier than would be possible without redevelopment; that comments were received from the P.S. Historic Site Preservation Board, the County Planning Staff, and an adjacent property owner, Jeremy Crocker, noting that the County Planning Staff concern related to need for redevelopment, which is not an area to be addressed in an EIR, and is dealt with in other documents prepared for the project. lie stated that all potential imparts have been reviewed and discussed in the document. Final EIR was entered into the record as Exhibit 6. Legal Counsel reviewed the Redevelopment Plan indicating its parts, major goads, proposed redevelopment actions, important features of the plan, financing methods, City aid and cooperation with the Agency to carry out the plan; and ' noted that the effective term of the plan is 30 years. The Plan was entered into the record as Exhibit 7. There being no objections, the Rules Governing Participation by Property Owners, previously approved by the Agency, as noted by the Redevelopment Director, were entered into the Record as Exhibit 8. City Clerk reported that no additional written comments had been received on the Plan or the Final EIR. Mayor inquired if anyone wished to be heard in favor; there ,,sere no appearances; after which, he called for anyone wishing to speak in opposition. Lawrence Meyer, attorney representing Frances Winter, 141 S. Cahuilla, stated that the County Planning Staff questioned the absence of blight, and stated that expansion of a major department store is not a reason for redevelopment; that the area was previously surveyed and not accepted, and nothing has changed; that the only blight in the area might be the Hess property, and it was to have been developed as com- mercial 'in a way that would not be disruptive to the neighborhood; that the area was zoned residential ; that the Council was concerned about an -intrusion of commercial in ' the residential• area at LiId.L time; and that the Agency is being asked to embark on a program that lacks sufficient funds to change the character of are unblighted neighborhood for the purpose of expanding the business area ; that the area may be undeveloped, but not blighted; that this area has historically been residential and there is no reason for a wholesale change; that the project does not comply with the intent or the spirit or the law; and he read a court citation relative to blight and redevelopment. 21i CiRA Minutes 5-27-84 Page 3 1 . PA#5 (Continued) Redevelopment Director stated that when the area was surveyed seven years ago, the plan was challenged and it could have taken three ,years to resolve, and the Sheraton Hotel decided 'not to proceed, 'theree'ore„ the Council did not proceed with the project area. There was not further testimony in opposition. Howard Stevens, Chairman c;-f the Fiscal Review Committee, stated that the Redevelopment Specialist had summarized the process relative to the taxing agencies, and expressed appreciation for staff cooperation. There were no further appearances. It was moved by Foster, seconded by Smith, and unanimously carried, that the hearing be closed. COhEMUTY REDEVELOPMENT ACTIONS City Clerk read title of Resolution 225, approving and adopting the Report to the City Council ; after which, it was moved by Smith, seconded by Maryanov, and unanimously carried, that Resolution 225 be adopted. City Clerk read 'title of Resolution 226, certifying completion of the Final EIR; after which, it was moved by Birer, seconded by Smith, and unanimously carried, that Resolution 226 be adopted. City Clerk read title of Resolution 227, regarding use of Tax illocation for low/moderate income housing outside the area; after which, it was moved by Maryanov, seconded by Birer, and unanimously carried, that Resolution 227 be adopted. CITY COUNCIL ACTIONS: City Clerk read title of Resolution 15152, certifying completion of the Final EiR; after which, it was moved by Smith, seconded by Maryanov, and unanimously carried, that Resolution 15152 be adopted. It was moved by Maryanov, seconded by Smith, and unanimously carried, that written and oral objections be overruled. City Clerk read 'title of Resolution 15153, regarding use of Tax Allocation for low/!roderate income housing outside the area; after which, it was moved by Smith, seconded by Maryanov, and unanimously carried, that Resolution 15153 be adopted. City Clerk read title of Ordinance approving and adopting the Redevelopment Plan ; after which it was moved by Smith, seconded by Maryanov, and, unanimously carried, that. 'further reading be waived, and c,.c urdinance be introduced for first O reading. ADDITIONAL UTA ACT MIS: Resolutions 228 and 229, approving pass--through agreements with the Riverside County Flood Control District and the County of Riverside, were presented; after which, it was moved by Smith, seconded by Maryanov, and unanimously carried, that Resolution 228 and 229 be adopted. CRA Minutes 6-27-84 Page 4 CITY COUNCIL RECESSED, AND THE AGENCY REMAINED IN SESSION TO CONSIDER FURTHER BUSINESS. APPROVAL OF MINUTES: It was moved by Smith, seconded by Foster, and unanimously carried, that the Minutes of May 16, 22, 25 and June 6, 1984 be approved. 2. PA1B2 - LEASE, 431 N. PALM CANYON Resolution 230, approving lease to Benton Searle Gaskell , dba Specialty Properties, at $2,850 for one year term, was presented; after which, it was moved by Birer, seconded by Maryanov, and unanimously carried, that Resolution 230 be adopted. 3. CONTINUING APPROPRIATIONS (BUDGET) Resolution 231 , continuing appropriations from 1983-84 budget into 1984-85 fiscal year, was presented; after which, it was moved by Birer, seconded by Smith, and unanimously carried, that Resolution 231 be adopted. 4. 1984-85 BUDGET Resolution 232, adopting 1984-85 budget in amount of $4,372,393 was presented; after which, it was moved by Smith, seconded by Maryanov, and unanimously carried, that Resolution 232 be adopted. ' 5. PA1 - FINANCING Recommendation: That the Agency increase the amount of authorization For the issuance of bonds for the purpose of financing the Desert Fashion Plaza parking improvements from $20 million to $23.5 million. Resolution 233, authorizing the issuance as recommended, was presented; after which, it was moved by Birer, seconded by Smith, and unanimously carried, that Resolution 233 be adopted. 6. 1983-84 BUDGET AMENDMENT - MUNI PARKING LOT #2 Recommendation: That the Agency appropriate $10,000 to provide additional funds to cover cost of lighting improvements at Municipal Parking Lot #2, awarded by the City Council on June 6, 1984, MO 3407. Resolution 234, amending the budget to appropriate the additional funds, was presented; after which, it was moved by Maryanov, seconded by Foster, and unanimously carried, that ReS01U'tion 234 be adopted. ' REPORTS - Received & Ordered Filed 7. TREASURER'S QUARTERLY March, 1984 ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. 5i JUDI:TN sum CH Assistant Secretary 2SO MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY JULY 18, 1984 A Regular meeting of the Community Redevelopment Agency of the City of Palm Springs was called to order by Vice-Chairman Maryanov, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, July 18, 1984, at 7:30 p.m. ROLL CALL: Present: Members Birer, Foster, Maryanov & Smith Absent: Chairman Bogert APPROVAL OF MINUTES: It was moved by Birer, seconded by Foster, and unanimously carried, Bogert absent, that the Minutes of June 19, 20 & 27, 1984, be approved. LEGISLATIVE ACTION: 1 . PA6 (NORTH PALM CANYON) REDEV PLAN & EIR Redevelopment Director reviewed his report and recommended approving and adopting the Report on the proposed Redevelopment Plan and submitting it, the Redevelopment Plan and EIR to the City Council , and requesting joint hearing thereon for September 5, 1984, at 8:30 p.m. ; after which Resolution 235 approving actions as recommended was presented, and it was moved by Smith, seconded by Birer, and unanimously carried, Bogert absent, that Resolution 235 be adopted. 2. PA6 (NORTH PALM CANYON) - RULES FOR OWNER PARTICIPATION Recommendation: That the Agency adopt Rules for Owner Participation. It was moved 'by Birer, seconded by Foster, and unanimously carried, Bogert absent, that Resolution 236 be adopted. ADJOURNMENT There being no further business, Vice-Chairman declared the meeting adjourned to Tuesday, July 24, 1984, at 3 p.m. JUDITH SUMICH Asst. Secretary MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS JULY 24, 1984 An Adjourned Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, was called to order by Vice-Chairman Maryanov, in the Large Conference Room, City Hall , 3200 Tahquitz-McCallum Way, on Tuesday, July 24, 1984, at 3 p.m. ROLL CALL: Present: Members Birer, Maryanov and Smith Absent: Member Foster and Chairman Bogert LEGISLATIVE ACTION: 1 . PAIB4-6 - UTILITY RELOCATION REIMBURSEMENT Recommendation: That the Agency authorize reimbursement of up to a maximum of $50,305 to the Edward J. DeBartolo Corp. for installation of SCE lines and vault in Andreas Road. Resolution 237 authorizing the reimbursement as recommended, was presented; after which, it was moved by Smith, seconded by Birer, and unanimously carried, that Resolution 237 be adopted. ADJOURNMENT There being no further business, Vice-Chairman declared the meeting adjourned to Tuesday, July 31 , 1984, at 3 p.m. , in said Large Conference Room.(( I JUDITH SUMICH Asst. Secretary MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY JULY 31 , 1984 An Adjourned Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, was called to order by (lice-•Chairman Maryanov in the Large Conference Room, City Hall , 3200 Tahquitt-McCallum Way, on Tuesday, July 31 , 1984, at 3 p.m. ROLL CALL: Present: Members Birer, Foster, Maryanov, Smith and Chairman Bogert Absent: None LEGISLATIVE ACTION: None ADJOURNMENT There being no further business, Mayor declared the meeting adjourned. � JUDITH SUMICH Assistant Secretary 283 MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY AUGUST 1 , 1984 The Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs of August 15, 1984, was adjourned by the City Clerk/Assistant Secretary due to lack of a quorum to Tuesday, August 7 , 1984, at 3 p.m. , in the Large Conference Room, City Hall , 3200 Tahquitz-McCallum Way. ROLL CALL: Present: None Absent: Members Birer, Foster, Maryanov, Smith & Mayor Bogert 'JUDITH SUMICH Assistant Secretary 284 MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY AUGUST 15, 1984 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 15, 1984 at 7:30 p.m. ROLL CALL: Present: Members Birer, Foster, Maryanov, Smith and Chairman Bogert Absent: None I. PAI - FINANCING - PARKING FACILITIES Recommendation: That the Agency authorize agreements, sales certificates of participation and official statement, relative to financing parking facilities for the Desert Fashion Plaza expansion, contingent upon Council action (See Item #6 of the City Council Minutes of this date) . Redevelopment Director reviewed his report of August 15, 1984, stating that the specific type of financing selected allows for the construction of the facilities by the DeBartolo Corporation; its purchase by the Agency; and subsequent sale to the developers. He stated that this arrangement is necessary in order insure the tax exempt status of the financing; and that security for the financing includes a corporate guarantee from the DeBartolo Corporation, a security bond and deed of trust from the developers. There were no public comments. Resolution 238 authorizing the actions as recommended (6 agreements) was presented; after which, it was moved by Maryanov and seconded by Birer, and unanimously carried, that Resolution 238 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. \\IJUDITH SU�H Assistant Secretary 285 MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY AUGUST 21 , 1984 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, City Hall , 3200 E. Tahquitz McCallum Way, on August 21 , 1984, at 3:00 p.m. LEGISLATIVE ACTION: 1 . PA#2B6 - CONVENTION CENTER Chairman stated that the purpose of the meeting was to consider the proposed Memorandum of Understanding between the City, the Agency and SENCA, outlining the major deal points for the Convention Center/Headquarters Hotel project, which will form the basis of a final development agreement. It was moved by Foster, seconded by Birer and unanimously carried, Maryanov and Smith abstaining, that the proposed MOU be approved as presented. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned at 3:12 p.m. JUDITH SUMICH Assistant Secretary 1 286 MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY AND THE CITY COUNCIL SEPTEMBER 5, 1984 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, and a Regular Meeting of the City Council of the City of Palm Springs, were called to order by Mayor/Chairman Bogert, in the Council Chamber, 3200 Tahquitz-McCallum Way, on September 5, 1984 at 7:30 p.m. Mayor/Chairman stated that the Agency would addiress its business; the Council would reconvene; and, thereafter adjourn and convene in joint session with the Agency, for the purpose of considering and acting upon the Redevelopment Plan 8, EIR for the North Palm Canyon Area Redevelopment Project. ROLL CALL: Present: Council/Agency Members Birer, Foster, Smith, Maryanov, Mayor/Chairman Bogert Absent: None LEGISLATIVE ACTION: 1 . PA7 - REDEVELOPMENT PLAN & EIR Recommendation: That the Agency refer the proposed Highland- (124) Gateway Redevelopment Project Area Plan to the Planning Commission and the Project Area Committee for review and comment. Redevelopment Director reviewed his report, dated September 5, 1984. Resolution 239, referring the Plan as recommended, was pre- sented; after which, it was moved by Foster, seconded by Maryanov and unanimously carried, Smith abstaining, that Resolution 239 be adopted. 2. PA1B4-6 - UTILITY RELOCATION REIMBURSEMENT Recommendation: That the Agency authorize the reimbursement of an amount not to exceed $98,267 to the Edward J. DeBartolo Corporation for the installation of certain utility reloca- tion and upgrade improvements. Redevelopment Director reviewed his report, dated September (124) 5, 1984, noting that, as a part of the Fashion Plaza expan- sion, the Agency accepted responsibility of certain utility relocation and improvement work as noted in his report; and stated that because of the shortened schedule for completing the Saks Fifth Avenue and I . Magnin construction pads, other on site work, and timely reopening of Belardo Road, the DeBartolo Corporation agreed to install the improvements and obtained at least two bids for each improvement with low bids within the original budgets for the work. Resolution 240, authorizing the reimbursement as recommended, was presented; after which, it was moved by Birer, seconded by Smith and unanimously carried that Resolution 240 be adopted. O 3. PA2B6-10 - CONVENTION CENTER MOU Executive Director recommended that the Agency ratify the action it took on August 21, 1984 approving the Memorandum of Understanding between the Agency, the City and SENCA relative to the deal points for the convention center and headquarters hotel project. (124) It was moved by Birer, seconded by Foster and unanimously carried, Maryanov and Smith abstaining, that said action be ratified. �$7 CRA Minutes 9-5-84 Page 2 4. PA6 - NORTH PALM CANYON REDEVELOPMENT PLAN AND EIR Redevelopment Director submitted the following exhibits for the record. a) Exhibit 1: Affidavit of Publication of Legal Notice of Joint Hearings; and b) Exhibit 2: Certificate of Mailing Notice to Property Owners; and c) Exhibit 3: Certificate of Mailing to Taxing Jurisdic- tions as required by Section 33349 of the Health and Safety Code. Mayor explained the procedures to be followed during the conduct of the hearing, stating that persons wishing to give testimony would first be sworn and would be subject to ques- tion 'through the Chair; and requested a show of hands of those wishing to give testimony either for or against the Redevelopment: Plan or the EIR; and stated that a transcript would be made of the proceedings, a copy of which is on file in the Office of the City Clerk. At which time, he declared the hearing open. The Court Reporter proceeded to swear-in staff members, Agency legal counsel , and witnesses desiring to give testi- mony. Legal Counsel , Gregory Sanders, stated that evidence would be introduced for consideration by the Council/Agency in connec- tion with findings and determinations that would be made in the adoption of an ordinance adopting the Redevelopment Plan; and that the findings and determinations are contained in Section 33367 of the Health and Safety Code and generally as outlined in the procedural outline for the hearing, a copy of which is on file in the Office of the City Clerk . There being no objections, certification of official actions, as read by Redevelopment Director, a copy of which is on file in the Office of the City Clerk, was entered into the record as Exhibit 4. Redevelopment Specialist referred to and summarized pertinent parts of the report of the Agency to the Council which is the basic supporting documentation for the Plan and ordinance which will adopt it; noting that the Plan has previously been submitted to the Agency/Council and reviewed by said bodies and available for public inspection. He recited contents of the report summarizing blighting influences and consultation with taxing agencies. Relative to the Fiscal Review Com- mittee, whose report was not complete and unavailable when the Agency previously submitted the report to the Council , the report was entered into the record as Exhibit 5. He then summarized the EIR stating that the major impact relates to ' compliance with the General Plan at a time earlier than would be possible without redevelopment; that comments were received from the Riverside County Planning Department expressing concern related to the need for redevelopment, which is not an area to be addressed in an EIR and is dealt with in other documents prepared for the project. He stated that all potential impacts have been reviewed and discussed in the document. The final EIR was entered into the record as Exhibit 6. Legal Counsel reviewed the Redevelopment Plan indicating its parts, major goals, proposed redevelopment actions, important features of the plan, financing methods, City aid, and cooperation with the Agency to carry out the Plan; and noted that the effective term of the Plan is 30 years. The Plan was entered into the record as Exhibit 7. 288 CRA Minutes 9-5-84 Page 3 4. PA6 (Continued) There being no objections, the Rules Governing Participation by Property Owners, previously approved by the Agency, as noted by the Redevelopment Director, were entered into the record as Exhibit S. City Clerk reported receipt of two additional written com- ments relative to the Plan or EIR from Michael E. Fontana, Director of Planning and Marketing, Desert Hospital , dated ated August 30, 1984 and Jeffrey Friedman, J. F. J. Realty, August 23, 1984. Mayor inquired if anyone wished to be heard in favor. Steve Kaufer, Chairman of the PAC, also a property owner within the Redevelopment Area, stated that the seven member committee concurs in recommending approval , and he shared his interest in revitalizing the northerly portion of the com- munity. He stated that the Committee has met since April and has established its goals to encourage development and redevelopment of the highest calibre and urged that anyone interested in the Committee's work attend its next meeting, i .e. , September 19., 1984 at 1:30 p.m. in the City Hall . Howard Stephens, Chairman of the Fiscal Review Committee, submitted the Committee's report relative to the project which was entered into the record as a part of the report of the Agency, noted as Exhibit 5. Abraham Yermian, owner and developer of property in the area, stated that the area has deteriorated and efforts to develop the property require assistance, particularly, in terms of financing parking and development standards. Harold Arye, a developer within the area, stated that pre- vious efforts to develop the property at Tachevah/Palm Canyon/Indian were abandoned, although considerable dollars had been spent in an effort to develop the site; and he urged that the Agency become involved and, hopefully, provide low interest financing and aid in getting investors interested in development. He stated that he would also like to see accom- modation in terms of public parking. Mayor inquired if anyone wished to speak in opposition to the Plan or EIR. Bill Grant, 1455 North Indian Avenue., property owner, stated that the Agency/Council should let the market place have a go at the development of the area and that there should not be spot zoning. Gladys McMillen, property owner on North Indian Avenue, after being sworn by the Court Reporter, questioned whether or not the Redevelopment Project Area will result in rezoning of the area. Redevelopment Director stated that the Plan does not address rezoning, specifically; that the Project Area Committee has looked at that issue and is seeking information as to what would be best for the project area and, if that was believed to be important to be considered, those recommendations would be brought through the Committee, to the Planning Commission and ultimately to the City Council ; and he urged that anyone in the area provide input to the Committee. There was no further testimony. 289 CRA Minutes 9-5-84 Page 4 4e PA6 (Continued) It was moved Foster, seconded by Smith, and unanimously carried, that the hearing be closed. COMMUNITY REDEVELOPMENT ACTIONS; City Clerk read title of Resolution 244, certifying comple- tion of the Final EIR; after which, it was moved by Smith, seconded by Birer, and unanimously carried, that Resolution 244 be adopted. City Clerk read title of Resolution 245, regarding use of tax allocation for low/moderate income housing outside the area; after which, it was moved by Maryanov, seconded by Birer, and unanimously carried, that Resolution 245 be adopted. CITY COUNCIL ACTIONS; City Clerk read title of Resolution 15230, certifying comple- tion of the Final EIR, after which, it was moved by Birer, seconded by Smith, and unanimously carried, that Resolution 15230 be adopted. It was moved by Smith, seconded by Birer, and unanimously carried that written and oral objections be overruled. City Clerk read title of Resolution 15231, regarding use of tax allocation for low/moderate income housing outside the area; after which, it was moved by Smith, seconded by ' Maryanov, and unanimously carried, that Resolution 15231 be adopted. City Clerk read title of Ordinance approving and adopting the Redevelopment Plan; after which, it was moved by Smith, seconded by Maryanov and unanimously carried, that further reading be waived and the Ordinance be introduced for first reading. 5. INDUSTRIAL REVENUE BOND ISSUE Recommendation: That the Agency approve Resolution of Inducement for bond issue not to exceed $3 million for Friedman Ventures ; approve agreements designating Birr-Wilson & Co. as underwriters, and Jones, Hall , Hill & White as bond counsel . Economic Development & Housing Specialist reviewed report of Director of Community Development, dated September 5, 1984. Resolutions 241 , relative to inducement, and Resolutions 242 and 243, approving agreements as recommended, ' respectively, were presented; after which, it was moved by Foster, seconded by Smith, and unanimously carried, that Resolutions 241 through 243 be adopted. ADJOURNMENT There being no further business, Mayor/Chairman declared the meeting adjourned to Thursday, September 13, 1984, at 3 p.m. , in the Large Conference Ro ity Hall . , JUDITH S U M I C H Asst. Secretary & City Clerk WP/CC MIN MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY SEPTEMBER 13, 1984 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 Thursday, Septem- ber 1.3, 1984 at 3:00 p.m. ROLL CALL: Present: Members Birer, Foster, Maryanov, Smith and Chairman Bogert Absent: None LEGISLATIVE ACTION: 1 . PA1 - FI.NANCING - PARKING FACILITIES Steve Kark, Birr, Wilson and Company, stated that the $23.5 million dollar Certification of Participation provides the DeBartolo Corporation will have twelve years of interest only financing, with the first principal due after the thirteenth year and that the effective interest rate is 10.19 percent. He stated that there were eighty people in the syndicate which purchased the certificates and, out of the $23+ million dollar issue, all but $2.8 million were sold as of the previous day. He presented the purchase agreement with terms, conditions and interest rates provided and stated that, with the discount, the interest rate is 9.98 percent; that the DeBartolo Corpora- tion is extremely pleased; and upon approval by the agency, the deal will be closed the following week and bonds will be exchanged and dollars placed in the bank. Redevelopment Director stated that the partnership will pay back the bonds, DeBartolo parent corporation guaranteeing repayment. Mr. Kark stated there is no obligation whatsoever to the City, and the DeBartolo Corporation guarantee produced the surety which resulted in a AAA rating for the issue. Resolution 246, authorizing final execution of installment sales agreements for purchase and sale of land for public parking facilities, authorizing of certificates of participation, and approving the purchase contract, was presented; after which, it was moved by Maryanov, seconded by Birer, and unanimously carried that Resolution 246 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. JUDITH SUMICH Assistant Secretary WP/CC MINUTES 291 MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY AND THE CITY COUNCIL SEPTEMBER 17, 1984 An Adjourned Regular Meeting of the City Council of the City of Palm Springs, and an Adjourned Regular Meeting of the Community Redevel- opment Agency of the City of Palm Springs, were called to order by Mayor/Chairman Bogert, in the Large Conference Room, City Hall , 3200 Tahquitz-McCallum Way, on Monday, September 17, 1984 at 3:00 p.m. ROLL CALL: Present: Council/Agency Members Birer, Foster, Smith, Maryanov, Mayor/Chairman Bogert Absent: None LEGISLATIVE ACTION: 1. PA2B6-10. CONVENTION CENTER - EMINENT DOMAIN Recommendation: That the Agency direct that negotiations commence with property owners and lease holders of property within Convention Center district, and amend the budget to provide funds for legal work connected therewith, specifi- cally, amending the budget to accept loan from the City Council of $50,000; and that the Council loan $50,000 to the Redevelopment Agency. Redevelopment Director stated that it was desirable to be prepared for some legal advice in connection with potential eminent domain proceedings, and there are no redevelopment funds available because there has been no tax -increment For ' this particular project area; and that of the $50,000, $25,000 would be for preparing the development agreement and $25,000 for working toward litigation on the acquisition of the properties. Resolution 15232 of the City Council , loaning $50,000 to the Redevelopment Agency was presented; after which, it was moved by Birer, seconded by Foster, and unanimously carried, Maryanov and Smith abstaining, that Resolution 15232 be adopted. Resolutions 247, 248, and 249 of the Redevelopment Agency, accepting the loan from the City, amending the Agency budget relative to the loan, and approving extending existing agree- ment No. 66 with Oliver, Stoever and Laskin to include the Convention Center, were presented; after which, it was moved by Birer, seconded by Foster, and unanimously carried, Maryanov and Smith abstaining, that Resolutions 247, 248, and 249 be adopted. It was moved by Birer, seconded by Foster, and unanimously carried that Agency staff proceed to negotiate with property owners and leaseholders as recommended for both the first and second phases of the project. ' Mayor declared the Council recessed for the purpose of remaining in session as the Redevelopment Agency and business resumed as follows. 2. PA286-10 - CONVENTION CENTER - DEVELOPMENT & DISPOSITION AGREEMENT Recommendation: That the Agency approve agreement with Kasirer, Wolfson and Franco and Simmons, Ritchie, Segal and Stark, attorneys for drafting of the development and disposi- tion agreement for the Convention Center project, and for bond counsel should that become necessary. In event bonds are not sold for the project, Simmons, Ritchie, Segal & 292 CRA MINUTES 9-17-84 Page 2 2, PA2B6-10 - CONVENTION CENTER (Continued) Sterck to be compensated by the Agency at a rate of $125 per hour, up to a maximum of $25,000. Resolution 250, approving the agreement was presented, after which, it was moved by Foster, seconded by Birer, and unani- mously carried, Maryanov and Smith abstaining, that Resolu- tion 250 be adopted., 3. AGENCY BY-LAWS AMENDMENT The Redevelopment Director stated that the Agency's by-laws provide that its officers correspond to certain offices held by City officers, and because of title changes, it is neces- sary to amend the Agency by-laws, i ,e. , Assistant Secretary/City Clerk; and to provide that in the absence of the City's officers, those persons holding the corresponding office of the City in an acting capacity shall serve as acting officer of the Agency. ' Resolution 251, amending the by-laws to reflect titles as recommended, was presented, after which, it was moved by Foster, seconded by Birer, and unanimously carried that Resolution 251 be adopted. AGENCY ADJOURNMENT There being no further business Chairman declared the Agency meeting adjourned; and Mayor reconvened the City Council and business resumed as follows: 4. STREET VACATIONS - PORTIONS OF CALLE ALVARADO .AND ANDREAS ROAD Recommendation: That the Council declare intent to vacate portion of Calle Alvarado and portion of Andreas Road in Section 14, to allow for the construction of the Convention Center project, and set hearing thereon for October 17, 1984. Resolution 15233, declaring intent and setting hearing as recommended, was presented; after which, it was moved by Foster, seconded by Birer, and unanimously carried, Maryanov and Smith abstaining, that Resolution 15233 be adopted. 5. McCALLUM CIVIC BUILDING Note: Mr. Maryanov was excused for the remainder of the meeting. The purpose of the presentation was to provide the Council with updated information relative to the status of proposals received for the McCallum Civic Building. Redevelopment Director stated that two proposals were received: one from Wessman Plaza Development; and one from Pitts Development; that both, proposals provide for retention of the existing structures as much as possible and to reno- vate them. Donald Wexler on behalf of Mr. Pitts, displayed rendering indicating the proposal of Mr. Pitts, stating that a parking structure is proposed on the Pitts property across from the Spa Hotel ; and that a park atmosphere with outdoor dining is desired on the corner. He ', stated that parking behind the Welmas Building and the Plaza could be used at night for this use. He illustrated other points of the proposal indicating greenhouse-balcony dining, service along the alley between the McCallum Building, and the existing Library. 29,3 CRA MINUTES 9-1.7-84 Page 3 5. McCALLUM CIVIC BUILDING (Continued) Mr. Wessman displayed renderings of his proposal discussing various elements, indicating covered sidewalk for a portion of Tahquitz McCallum, retail uses along the ground floor, restaurants on the top floor, outdoor dining and various architectural considerations to the existing structures to provide various reliefs and breaking height lines and the starkness of the existing building. He stated that the existing theater would be converted into four shops with windows on Indian Avenue and Tahquitz-McCallum Way, and that a skylight around the restaurant would be provided. He also stated that regarding the Library, he would like the oppor- tunity to open this area and incorporate it into the overall concept of the development, providing paving around the Library, softening its landscaping and planters around the trees currently in the back Library courtyard. He stated that approximately 17,000 square feet of retail space would be provided. Public restrooms could be maintained by the developer including drinking fountains. He stated that a new building would be constructed on the corner to provide perhaps flowers or magazines for sale; and noted other addi- tional features to create a veranda on the second floor; that he has exclusive right to negotiate for the purchase and/or trade of the Tackett property; and that he has a meeting scheduled with the Liebling Trust relative to properties on the the north side of Tahquitz-McCallum Way. He expressed interest in what he would do with those properties, tying them to the McCallum Civic Building site, in particular, pro- viding parking and a complex which would be compatible to the ' renovated McCallum Building. He stated that his acquisition of the McCallum Building would provide him the means for relocation of certain tenants of properties on the north side of the street; and that it was his intent to spend a con- siderable amount of money on the renovation of the building, and that it might not place him in a position of competing on a dollar-for-dollar basis against Mr. Pitts ' proposal . Redevelopment Director stated that both proposals are about the same in terms of interior walls and uses and the question becomes one of architecture and parking; that the Council could direct the staff to keep negotiating with both parties, or to work with one or the other and then go to the Architec- tural Advisory Committee and Planning Commission for review; that the second phase of the proposal process was to nego- tiate a price and resolve other issues prior to coming back to the Council .; and that the Council may choose not to have the dollars be the issue, but rather quality of design, then working toward monetary considerations. Mr•. Wessman stated that he has ninety days on his exclusive right to the Tackett property and could provide parking for the McCallum Building on that site, which would give him a successful project even without the Liebling properties. ' Redevelopment Director stated that if both proposals are acceptable designs., staff could be instructed to negotiate a lease or sale with both; however, Mr. Wessman has stated that he would not compete on a dollar basis because his proposal entails a considerable expense, and if dollars is the only consideration, then his proposal should not be pursued; and that if the Council wished to proceed with Mr. Pitts proposal the staff would then take it to the Planning Commission, and move toward negotiating how much money would be paid, and agreements developed, including timing of parking structures. 294 CRA MINUTES 9-17-84 Page 4 5. McCALLUM CIVIC BUILDING (Continued) Redevelopment Director stated that one criteria for the proposal was that the architecture be compatible with the adjacent Plaza and Library. Mr. Wessman stated that he took the criteria seriously and it will cost considerable money to accomplish that end; that he believed there are conceptual differences in the projects, in that one provides an old flavor similar to the Plaza, and the the other takes a softening of a stark building approach, and he did not believe that Mr. Pitts' proposal followed the RFP as he read it. He stated that he would tie his proposal to the ability to acquire the Tackett property, however noted that he cannot redevelop the Tackett property without the McCallum property site because of the situation of relocating tenants; and that he was willing to condition his proposal on a ninety day period in which to perform the acquisition of the Tackett property. Councilman Smith stated that if the north and south proper- ties could be tied together he would like to move in the direction of Mr. Wessman's proposal , and was concerned that referring or continuing this matter would only result in another year' s delay. Councilman Foster questioned if it would be possible of having the Redevelopment Director discuss renovation ideas with both parties, and then come back to the Council relative to potential lease or sale. Mr. Pitts stated that his bid is specific and he was willing to negotiate once the decision was made, and that he did not feel he was in a position to start bargaining in terms of money. Mr. Wessman stated that he agreed with Mr. Pitts, and the decision as to where the City wants to go with this property and what kind of architecture it wants must be concluded before attempting to negotiate price; that: he would not put himself in a bidding competition, and that he was not aware at this particular moment what he might be able to pay to the City, but would have to look at the project and obtain very accurate prices as to how much the development will cost, what will happen with the Tackett property, and the extent to which he may have to subsidize relocated tenants. Mr. Pitts stated that he could solve the parking problem immediately and noted that this site is also adjacent to the Plaza. Councilman Birer stated he wanted to be assured that the Council is dealing with equivalencies - that Mr. Wessman cannot develop the site without parking, and he would like to see a ninety-day period to see if Mr. Wessman ' s proposal can actually be produced. Motion by Birer, seconded by Smith, that the Council extend consideration of choice of developer for additional ninety days to see if Mr. Wessman's , proposal can be accomplished was later withdrawn. Mr. Wessman stated that he has signed an agreement with the Tackett Trust for a "1031 trade" of property, and he would know in ninety days if he has a valid trade; and that commit- ment of the McCallum Building will determine if he can pro- ceed with the Tackett project,. 295) CRA MINUTES 9-17-84 Page 5 5. McCALLUM CIVIC BUILDING (Continued) It was moved by Birer, seconded by Smith, and unanimously carried, Maryanov absent, that discussions with Mr. Wessman relative to his proposal be conducted over the next ninety days including a firm agreement of price; and, lacking ' success in that direction, Council will then pursue Mr. Pitts proposal . 6. BOARDS AND COMMISSIONS Mayor noted that there exists a vacancy on the City's Library Board and the Energy Commission because of recent resigna- tions. Following discussion, it was the consensus of the Council that a group interview of all interested persons and City Council be conducted for the Library Board on Tuesday, October 2, 1984, at 5:00 p.m. following the study session, and for the Energy Commission on Tuesday, October 9, 1984, also at 5:00 p.m. following the study session. ADJOURNMENT There being no further business Mayor declared the meeting adjourned. ' �_ 'OUDITH SUMICH City Clerk 296 MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY SEPTEMBER 19, 1984 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 19, 1984 at 7:30 p.m. ROLL CALL: Present: Members Foster, Maryanov, Smith and Chairman Bogert Absent: Birer APPROVAL OF MINUTES: It was moved by Foster, seconded by Maryanov, and unanimously carried, Birer absent, that the minutes of August 15 and 21, 1984 be approved. LEGISLATIVE ACTION: 1. PA6 - PASS-THROUGH AGREEMENTS Recommendation: That the Agency approve pass-through agree- ment with the Riverside County Flood Control District for PA6 - North Palm Canyon Redevelopment Area. Redevelopment Director stated that the pass-through agreement is sirniliar to those previously approved with the District in that no pass-through is provided for the first six years of the plan, 50 percent after that, and the full pass-through when and if the amount retained by the Agency matches the actual cost of flood control facilities in the area. Resolution 252, approving the agreement as recommended, was presented; after which, it was moved by Foster, seconded by Smith, and unanimously carried, Birer absent,, that Resolution 252 be adopted. 2. PA1B2 - KUHN LEASE Recommendation: That the Agency approve renewing lease with Carolyn Kuhn for property at 437 North Palm Canyon Drive for term ending September 30, 1985 at $5,820 per year. Redevelop- ment Director reviewed his report noting that Ms. Kuhn does business at this location as the "Jelly Bean". Resolution 253, renewing the lease agreement as recommended was presented; after which, it was moved by Maryanov, seconded by Foster, and unanimously carried, Birer absent, that Resolu- tion 253 be adopted. 3. PA1B4-6 DWA WATER FACILITY AGREEMENT Note this item was withdrawn from the Agency agenda and is to be presented at a later date. ADJOURNMENT There being no further business Chairman declared the meeting adjorned. JUDITH SUMICHI WP/CC MIN Assistant Secretary 29"r MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY OCTOBER 3, 1984 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 3, 1984 at 7:30 p.m. ROLL CALL: Present: Members Birer, Foster, Maryanov, and Chairman Bogert Absent: Member Smith APPROVAL OF MINUTES: It was moved by Foster, seconded by Maryanov, and unanimously carried, Smith absent, that the Minutes of September 5, 1984 be approved. 1. PA7 - HIGHLAND GATEWAY EIR AND REDEVELOPMENT PLAN Recommendation: That the Agency adopt its report to the Council on the Highland Gateway Redevelopment Plan, submit the Report, proposed Redevelopment Plan, and Final EIR to the Council and request joint public hearing thereon for November 7, 1984 . Redevelopment Director reviewed his report dated October 3, 1984. Resolution 254, transmitting the Final EIR and Report to the Council as recommended, and requesting joint public hearing, was presented; after which, it was moved by Birer, seconded by Maryanov, and unanimously carried, Smith absent, that Resolution 254 be adopted. 2. PA7 - HIGHLAND GATEWAY RULES FOR OWNER PARTICIPATION Recommendation: That the Agency adopt rules for owner participation for the Highland Gateway Redevelopment Project. Redevelopment Director reviewed his report dated October 3, 1984. Resolution 255, approving the rules for owner participation relative to the above project, was presented; after which; it was moved by Birer, seconded by Foster, and unanimously carried, Smith absent, that Resolution 255 be adopted. 3. PA1B4-6 - DWA WATER IMPROVEMENTS Recommendation: That the Agency authorize an agreement with the Desert Water Agency to provide certain water improvements for the Fashion Plaza expansion in an amount not to exceed $84,548.93. Redevelopment Director reviewed his report dated October 3, ' 1984, noting that the DWA requires a lead agency which it has determined to be the Redevelopment Agency, and work performed by it includes $73,716.87 for facilities which are the responsibility of the DeBartolo Corporation and the Agency's cost responsibility is $10,832.06. Resolution 256, approving the agreement as recommended, was presented; after which, it was moved by Foster, seconded by Maryanov, and unanimously carried, Smith absent, that Resolution 256 be adopted. 2.98 COMMUNITY REDEVELOPMENT MINUTES 10-3-84 Page 2 4. PA1B4-6 - BELARDO ROAD LANDSCAPING, Recommendation: That the Agency authorize reimbursement of an amount not to exceed $22,000 to the Edward J. DeBartolo Corporation for installation of certain landscape and wall improvements along Belardo Road. Redevelopment Director reviewed his report, dated October 3, 1984 and noted that the improvements include water proofing and surfacing of the retaining wall and installation of land- scaping and irrigation; that the work will be coordinated with other improvements on the site; and that the DeBartolo Corporation obtained three bids for the improvement within the original budgets for the work. Resolution 257, authorizing the reimbursement as recommended, was presented; after which, it was moved by Birer, seconded by Maryanov, and unanimously carried, Smith absent, that Resolution 257 be adopted. 5. PA1B2 - MORRISON SITE, 431 NORTH PALM CANYON Recommendation: That the Agency approve lease agreement with Jeffrey Geppert for rental of store at 431 North Palm Canyon Drive in the amount of $4,200 for one year. He stated that the premises will be used for a gem shop and that the former tenant, Ben Gaskell , doing business as Specialty Properties, a real estate sales company, has requested that its lease of the site be cancelled,' and that the agreement with Mr. Geppert will , in fact, supersede that agreement. Resolution 258 approving the agreement as recommended, was presented; after which, it was moved by Foster, seconded by Birer, and unanimously carried, Smith absent, that Resolution 258 be adopted. ADJOURNMENT There being no further business Chairman declared the meeting adjourned to October 10, 1984 at 4:00 p.m. in the Large Conference Room, City Hall . JUDITH SUMICH Assistant Secretary WP/CC MINUTES MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY AND THE CITY COUNCIL OCTOBER 10, 1984 An Adjourned Regular Meeting of the City Council of the City of Palm Springs, and of the Community Redevelopment Agency of the City of Palm Springs, were called to order by Mayor/Chairman Bogert, in the Large Conference Room, City Hall , 3200 Tahquitz-McCallum Way, on Wednesday, October 10, 1984 at 4:00 p.m. ROLL CALL: Present: Council/Agency Members Birer, Foster, Smith, Maryanov, Mayor/Chairman Bogert Absent: None PUBLIC HEARINGS: 1 . TEFRA HEARINGS RELATIVE TO ISSUANCE OF TAX EXEMPT BONDS FOR THE CONVENTION CENTER AND HEADQUARTERS HOTEL Recommendation: That the Council and the Community Redevelopment Agency conduct TEFRA hearings relative to the above. Agency Bond Counsel , Marty Frankel and Legal Counsel , Graham Ritchie, representatives of firms holding agreements with the Agency were also in attendance. Economic Development and Housing Specialist stated that there are technically eleven hearings being conducted and the purpose is to notify the public of action of the Agency and Council relative to the Headquarters Hotel and the Convention Center project; that up to $10 million of tax exempt bonds could be (139) issued to each of the partnerships and that these bonds will be tax exempt for the construction of the hotel project. She stated that notices for the hearings were published in accordance with law. (124 PA2 Economic Development and Housing Director stated that these B6) actions are ministerial and there is no obligation on the part of the Agency or the Council to proceed with the bond issues and the actions set a time line and milestone for proceeding. Mayor declared the hearings open regarding the issuance of the $10 million in tax exempt certificates of participation to finance Headquarters Hotel for each of the following partnerships: Hotel and Convention Center Partners I , Limited Hotel and Convention Center Partners II, Limited Hotel and Convention Center Partners III, Limited Hotel and Convention Center Partners IV, Limited Hotel and Convention Center Partners V, Limited Hotel and Convention Center Partners VI , Limited Hotel and Convention Center Partners VII, Limited Hotel and Convention Center Partners VIII, Limited Hotel and Convention Center Partners IX, Limited Hotel and Convention Center Partners X, Limited Hotel and Convention Center Partners XI, Limited, all California Limited Partnerships. There were no appearances and the hearings were closed. No action required. Mayor opened the hearings regarding the issuance of up to $50 million in tax exempt certificates of participation to finance convention and conference center facilities for the eleven partnerships referred to above. 300 CRA MINUTES 10-10-84 Page 2 1 . TEFRA HEARINGS (Continued) There were no appearances and the hearings were closed. No action required. Chairman declared the meeting recessed for the Agency and the Council remained in session. 2. PLEDGE OF TAX INCREMENT BY THE CRA TO DEFRAY PORTION OF COST OF CONSTRUCTION OF THE CONVENTION CENTER Recommendation: That the Council approve pledge of tax increment by the Redevelopment Agency for the purpose of defraying a portion of the cost of the installation and (139) construction of the proposed Convention Center facility. Economic Development and Housing Specialist reported that four primary sources of revenue have been ideni:ified as the means to repay the debt incurred for installation and construction of the Convention Center, i .e. , new Room Tax from the Doubletree Hotel , increased Room Tax as a result of the 2% increase in the tax rate, new sales tax generated by delegates coming to the -Convention Center and the tax increment created by the Convention Center and Headquarters Hotel project. She stated that the first of these sources are City revenues and the fourth is a revenue to the Redevelopment Agency, but before the Agency can pledge those funds, public hearing must be held to provide input with opportunity to comment on the tax increment pledge. She stated that the estimated amount of the pledge is approxi- mately $10,529,708 over the 30 year amortization period of the project debt. She also stated that the report required, pursuant to Health and Safety Code Section 33679 relative to facts which support the findings that. such a pledge . is appro- priate, has been filed with the City Clerk. Mayor declared the hearing open; there being no appearances, the hearinq was closed. ' Resolution 15288, approving the proposed tax increment pledge by the Community Redevelopment Agency, and finding that no other reasonable method of financing is available to the community for the proposed project, was presented; after which, it was moved by Foster, seconded by Birer, and unanimously carried, Maryanov and Smith abstaining, that Resolution 15288 be adopted. Mayor declared the Council meeting recessed and reconvened the Community Redevelopment Agency. 3. PROPOSED SALE OF PROPOSED HEADQUARTERS HOTEL (PA2B6) Recommendation: That the Agency approve the proposed sale of the property referred to as the Headquarters Hotel proposed to be constructed in conjunction with the Convention Center. (12 Economic Development and Housing Specialist stated that tax exempt certificates of participation for the purpose of financing the construction of the Headquarters Hotel will be issued as a part of the Convention Center and Headquarters Hotel project by the Agency and, in order to secure the funds and pay the debt incurred by the issuance of those certificates, the Agency must sell the hotel ' property to private investors; in particular, eleven partnerships, each of which owning 1/11 of the project under a condominium plan; and that Redevelopment law requires that hearing be held to secure public comment on the proposed sale of the property. She said the hearing has been noticed according to law. CRA MINUTES 10-10-84 Page 3 3. PROPOSED SALE OF PROPOSED HEADQUARTERS HOTEL (Continued) Mayor declared the hearing open; there being no appearances, the hearing was closed. Resolution 259 approving the proposed sale, as recommended, was presented; after which, it was moved by Foster, seconded by Birer, and unanimously carried, Maryanov and Smith absent, that Resolution 259 be adopted. In answer to question by Legal Counsel , Franko stated that the Council and Agency have complied with requirements of the 1982 TEFRA Legislation. Mr. Ritchie noted that the Agency will have title to the proPerty for a very short time and will promptly resell it, and that relative to the action taken by the Council to approve the Agency pledging funds, it simply requires that the Council satisfy itself that there is no other means of financing and this will be a benefit to the community, which is also referred to in the Redevelopment Plan. Mayor reconvened the City Council . ADJOURNMENT Mayor/Chairman declared the Council and Agency adjourned to a closed session and thereafter declared the meeting adjourned. JUDITH SUMICH City Clerk and Assistant Secretary 30Z MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY OCTOBER 17, 1984 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 17, 1984, at 7:30 p.m. ROLL CALL: Present: Members Birer, Foster, Maryanov, Smith &. Chairman Bogert Absent: None APPROVAL OF MINUTES: It was moved by Foster, seconded by Smith, and unanimously carried, that the Minutes of September 13, 17 and 19, 1984 be approved. LEGISLATIVE ACTION: 1 . PA5 - PASS-THROUGH AGREEMENT Recommendation: That the Agency approve pass-through agreement with Mosquito Abatement District for PA5 (Ciasis) . Redevelopment Director reviewed his report, stating that the agreement would provide a 25% pass-through for the first five years and escalate to 100% after ten years. Resolution 260, approving the agreement as recommended, was presented; after which, it was moved by Birer, seconded by Foster, and unanimously carried, that Resolution 260 be adopted. 2. PA6 - PASS-THROUGH AGREEMENT Recommendation: That the Agency approve pass-through agreement with the Mosquito Abatement District for PA6 (North Palm Canyon). Redevelopment Director reviewed his report and stated that the agreement provides a pass-through consistent with Agency discussion to allow a 100% pass-through after 20% set aside for housing for any new area for an agency which has less than 1',% of the total tax increment. He noted that the Agency's discussion, regarding agencies with minimal tax increment revenue, was incorporated in a resolution format and he recommended its adoption. Resolution 261 , approving the agreement as recommended, and Resolution 264, establishing policy for pass-through agreements for agencies which have minimal tax increment, were presented; after which, it was moved by Foster, seconded by Smith, and unanimously carried, that Resolutions 261 and 264 be adopted. 3. PA1B4-6 - DWA REIMBURSEMENT Recommendation: That the Agency approve an increase in DWA contract in connection with services related to the Desert Fashion Plaza expansion, i .e. , to relocate a fire hydrant which would conflict with the new Saks entrance, in amount of $4,230; total amount to be ,reimbursed by the Developer. J "-f3 0;ii CRA Minutes 10-17-84 Page 2 3. PA1B4-6 (Continued) Resolution 262, authorizing increase in contract in an amount not to exceed $4,230, was presented; after which, it was moved by Foster, seconded by Maryanov, and unanimously carried, that Resolution 262 be adopted. 4. PA1B4-6 - SEWER LINE REIMBURSEMENT Recommendation: That the Agency approve an increase in reim- bursement previously authorized to Edward J. DeBartolo Corp. , by ,$2,231 , bringing the total cost to $19,970. Resolution 263, approving the additional reimbursement, as recommended, was presented; after which, it was moved by Foster, seconded by Birer, and unanimously carried, that Resolution 263 be adopted. ADJOURNMENT,. There being no further business, Chairman declared the meeting adjourned to Tuesday, October 30, 1984, at 3 p.m. , in the Large Conference Room, City Hall . JUDITH SUMICH Asst. Secretary �30.1 MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY OCTOBER 30, 1984 An Adjourned Regular Meeting of the City Council was called to order by Chairman Bogert, in the Large Conference Room, City Hall , on Tuesday, October 30, 1984, at 3 p.m. ROLL CALL: Present: Members Birer, Foster, Maryanov, Smith and Chairman Bogert Absent: None (Items anticipated to require action did not come Ito fruition) ADJOURNMENT There being no further business, Chairman, declared the meeting further adjourned to Monday, November 5, 1984, at 9 a.m. / ('-0JUDITH SUMICH Assistant ,Secretary MINUTES OF CITY OF PALM SPRINGS CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY NOVEMBER 5, 1984 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 Bogert, in the Large Conference Room, City Hall , 3200 Tahquitz-McCallum Way, on Monday, November 5, 1984, at 9 a.m. ROLL CALL: Present: Council/Agency Members Birer, Foster, Maryanov, Smith & Mayor/Chairman Bogert Absent: None LEGISLATIVE ACTION: 1 . PA2 - FINANCING Recommendation: That the Council authorize delivery of Certif- icates of Participation to finance the acquisition and develop- ment of the Convention Center and authorize execution and delivery of various documents pertaining to the project. Economic Development & Housing Director stated that the aggre- gate principal amount of the Certificates is $36,670,000, out of which various fees amounting to approximately $454,000 will be paid in addition to closing costs, and the balance is for the project. He read Section 5 of the proposed Resolution , indicating that the original purchaser is to receive, as a deferred fee for marketing the Certificates, the sum of between 2% and 4% of the original aggregate principal amount of the Certificates, less in any case $111,603, and that the underwriter has indicated that final fees will approach the higher percentage, as each point reaches over $1 million. In answer to questions by Council , Marty Frankel , bond counsel , stated that if the project does not proceed, the bonds will be redeemed on April 2, 1985 and there will be no liability to the City, and all expenses would be paid from the proceeds of temporary investments made from the bond proceeds; and that any "profit" would accrue to the City, however, since the amount to be earned is known, there should be no profit and no loss, and partial fees should fit within the amount known that will come from the temporary investments. Steve Kark stated that if the project does proceed, the escrow will change to permanent financing, and the only amount to be taken out of the temporary investments will be to cover the amount of the transaction not covered (remainder of the 4%;) remainder of the escrow will remain and collect interest, which could be as much as $400-600,000, which will be put into the construction fund; and if it is not needed for construction, it will be used toward redemption of the Conven- tion Center bonds. Mr. Frankel stated that if the project proceeds, the follow- ing would apply: a) Developer would come up with a Letter of Credit to secure the issuance of the hotel bonds - about $70 million. b) City of Palm Springs bonds, currently being held by the bonding agency and secured by the FNMA (Federal National Mortgage Administration) instruments and guaranteed by Letter of Credit, would then be disbursable to the public. c) Closing of the hotel portion and the Convention Center are locked together, and must be completed by December 31 , 1984. J 3©O Council Minutes 11-5-84 Page 2 c 1 . PA2 - FINANCING d) If the financing is completed by December 31 , 1984, the City will have no obligation relative to the bonds issued for the hotel center (backed by Letter of Credit obtained by the developer). e) City liable for debt service on its Convention Center bonds, but limited to annual appropriations limited to revenues (certain TOT and Sales tax generated because of the total project, and tax increment) ; default of the bonds would be covered by the Letter of Credit, which also risks the lack of sufficient revenue appropriations. Letter of Credit paid for by the City to extent of those defined revenues committed toward building of a Convention Center. Letter of Credit Bank takes risk that present City Council cannot bind future City Councils, but each year, the Council will have to address the appropri- ation and the proposed Resolution makes that commit- ment for this year (Section 9) . f) Revenues defined for are debt service and operations; revenues will not be available unless the hotel project also proceeds to generate the tax flows needed, includ- ing the tax increment. Economic Development & Housing Director stated that the Letter of Credit Bank has looked at the Laventhol & Horwath study information and budget for operation, and think they are fair and reasonable for what is being done. Mr. Frankel stated that the Installment Sale Agreement is the City' s liability to pay off the Convention Center to be built by SENCA; that the Trust Indenture parcels the liability into the Certificates of Participation, which ultimately will be sold to the public, and defines the revenues, and limits the liability to pay under the Installment Sale Agreement to those revenues; that the Trust Agreement includes provisions that if, the Letter of Credit, hotel financing, and a list of others things do not occur, all money raised will be held in a construction fund in escrow, and it is structured to be used to pay off all debts, and leave no liability to the City'. Mr. Frankel stated that the effect of thie Agency Agreement is required and provides that SENCA, Palm Springs, Inc. - allows for purchase of a building not yet built, but which is being purchased under a Sales Installment Agreement; City will have to be satisfied that there are enough binding contracts in the DDA, and it has seen enough of the plans and specs and wants to have it built, by December 31 , 1984, and lacking that, the City would not proceed - that the City has control whether to proceed with the Convention Center. He stated that the Remarketing Agreement relates to giving the Certificates of Participation to a designated Remarketing Agent who re-sells the Certificate, and barring that sale, returns it to the Letter of Credit Bank who must cover it; that the advantage is the City is getting short-term rates and at any time, with proper notice, the City can direct the Agent to go to fixed rates - Letter of Credit remains in place (hopefully renewable for the 30-year life, but terms of the Letter of Credit have not been received yet. ) With 60-days notice, the City could refinance, long-term and do l Council & CRA Minutes 11-5-84 Page 3 1 . PA2 - FINANCING away with Letter of Credit, if the bonds could be sold. He stated that the Operation Agreement is needed in order to issue the bonds, which was taken from a draft of the DDA appointing SENCA as operator for five years, but may be dismissed on any November 1 , with 30-days notice; and he reviewed each paragraph of the agreement. He stated that it has been written in favor of the City; and it is a necessary document to proceed with the Convvention Center, and the hotel operation. Councilman Birer suggested that the first sentence of the second paragraph should be rewritten to add ". . . .maximize economic benefit to the City. " He stated that it would clarify that "economic benefit" relates to the total nature of the City, not particularly exact dollars to the operator. Councilman Maryanov suggested that the second sentence of the same paragraph should be clarified to read, ". . _booking and pricing policies established, by the City for the Convention Center. " Mr. Frankel stated that a very comprehensive agreement will be sold before proceeding on December 31 , 1984, and in all likelihood this agreement will be superceded ; and that both changes could be made. He stated that the Delivery Memoran- dum recites actions which have been taken, closing documents, necessary to make the above documents valid; Resolution to be adopted, how proceeds will be used, for Convention Center, expended in compliance with IRS code, etc, IRS approval to be signed by Mayor that have had TEFRA hearing, who are members of the Council , validity of the City as a subdivision of California, all of which are what will be signed in the Certi- ficate and Request of the City. In answer to question by Council , relative to price of Convention Center spelled out in the First Installment Agreement, Mr. Frankel stated that if the cost is less than the amount of the Certificates deposited for construction, the excess is used toward redemption of that obligation, which is required under law. Simplification: Agency Agreement - build facility; Installment & Sale Agreement - commit to buying it; and Trust Agreement - distribution of obligation to pay; excess to be used to lessen debt. Mr. Frankel stated that other than the $36,670,000 "loan," everything else (construction, cost of construction, architect, operation) is subject to finalization between the City and SENCA and nothing is final , except the $36+ million and the escrow to pay expenses; and the DDA will be the most important agreement to address the Council 's concerns, and to do so before December 31 , 1984. Councilman Maryanov suggested that draft DDA be reviewed in near study session, to preclude last minute problems. Economic Development & Housing Director stated that would be possible, and Development Agreement Attorney could also be present. 06 3 Council & CRA Minutes 11-5-84 Page 4 1 . PA2 - FINANCING Economic Development & Housing Specialist reported that, via telephone conversation during the meeting, SENCA has approved the two above added words to the Operation Agreement. Mr. Kark stated that the closing is occurring now in Los Angeles, and transfer is anticipated by 11 :30 a.m. , this date. Mr. Frankel read Section 9 of the proposed Resolution, stating that if everything goes forward, and payments must be made under the agreement, appropriation is made to do so, but only to the extent of commitment. Council may wish to move forward at its next meeting to adopt its standard budget amendment form Resolution . Councilman Birer stated that Section 7 of the Resolution heading refers to delivery of various documents pertaining to the project, and questioned if that meant only those referred to this date, to which Mr. Frankle responded in the affirmative. Resolution 15303, entitled: RESOLUTION AUTHORIZING THE DELIVERY OF THE CITY OF PALM SPRINGS CERTIFICATES OF PARTICIPATION (CONVENTION CENTER PROJECT) FOR THE PURPOSE OF CONVENTION CENTER FACILITY (THE "PROJECT") AND AUTHORIZING THE EXECUTION AND DELIVERY OF VARIOUS DOCUMENTS PERTAINING TO THE PROJECT. was presented, after which, it was moved by Birer, seconded by Foster, and unanimously carried, Maryanov and Smith abstaining, that Resolution 15303 be adopted. No business required of the Redevelopment Agency. ADJOURNMENT There being no further business at 10:10 a.m. , Mayor/Chairman declared the meeting adjourned. Cl-z JUDITH SUMICH City Clerk & CRA Asst Secretary MINUTES OF '3 0 9 CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY NOVEMBER 7, 1984 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 7, 1984, at 7:30 p.m. The City Council convened, adjourned to act on Redevelopment business, reconvened until 8:30 p.m. , then convened in joint session with the Agency, then adjourned as the Agency and concluded its business as the City Council . ROLL CALL: Present: Council/Agency Members Birer, Foster, Smith, Maryanov and Mayor/Chairman Bogert Absent: None JOINT PUBLIC HEARING: 1 . PA7 - HIGHLAND-GATEWAY Mayor/Chairman stated that the purpose of the joint hearing was to consider and act upon the Redevelopment Plan and Final EIR for the Highland-Gateway Redevelopment Project. Council/Agency Member Smith stated that he would abstain from discussion and voting on this matter. (Redevelopment) Project Manager stated that a myriad of informa- tion has been provided about the project and its planning included reasons for selection of the project area and existing conditions; that the major reason was deterioration of some dwellings and industrial buildings and under utilization of property; that there has been no construction in the area since the early 1960s, inadequate street improvements in the industrial section, and there is a need for additional rehabilitation funds for buildings in the area to bring them to a safe and sanitary condition ; that additional apartments are needed to serve low and moderate income housing needs, and a need to encourage job opportunities for the project area and neighbor- hood; that neighborhood shopping center within the boundaries of the project area would provide shopping and jobs ; that the Report also addresses proposed financing, including identifica- tion of certain projections carried out over a 30 year period; that relocation is not anticipated except for a small number of residents in the industrial center; that taxing agencies have been consulted and the Fiscal Review Committee, which has provided written comment from four taxing agencies - copies of which are on file in the Office of the City Clerk. Redevelopment Specialist submitted the following exhibits for the record: a) Exhibit 1 : Affidavit of Publication of Legal Notice of Joint Hearings ; and b) Exhibit 2: Certificate of Mailing Notice to Property Owners; and c) Exhibit 3: Certificate of Mailing to Taxing Jurisdictions as required by section 33349 of the Health and Safety Code. She also stated that numerous meetings were spent with the community; that the PAC was formed September 5, 1984; that the Report was reviewed with the community and it made additions and deletions, resulting in the the proposed plan; and that the community has been extremely cooperative and met with staff for many hours at a time. 3..10 CRA Minutes 11-7-84 Page 2 1 . PA7 (Continued) Mayor explained the procedureslto be followed during the conduct of the hearing, stating that persons wishing to give testimony would first be sworn and would be subject to questions through the Chair; and requested a show of hands of those wishing to give testimony, either for or against the Redevelopment Plan or the EIR; and stated ,that a transcript would be made of the proceedings, a copy of which is on file in the Office of the City Clerk. At this time, he declared the hearing open. The City Clerk proceeded to swear in staff members, Agency legal counsel , and witnesses desiring to give testimony. Legal Counsel , Gregory Sanders, stated that evidence would be introduced for consideration by the Council/Agency in connec- tion with findings and determinations that would be made in the adoption of an ordinance adopting the Redevelopment Plan ; and that the findings and determinations are contained in Section 33367 of the Health and Safety Code and generally as outlined in the procedural outline for the hearing, a copy of which is on file in the Office of the City Clerk. There being no objections, certification of official actions, as read by Project Manager, a, copy of which is on file in the Office of the City Clerk, was entered into the record as Exhibit 4. Project Manager referred to and summarized pertinent parts of the report of the Agency to the Council which is the basic supporting documentation for the Plan and ordinance which will adopt it; noting that the Plan has previously been submitted to the Council/Agency and reviewed by said bodies and available for public inspection. He recited contents of the report summa- rizing blighting influences and consultation with taxing agencies, noting a significant difference between the final report and that which was originally received by the Council , i .e. , there will not be any use of eminent domain for the first year, during which the PAC and the community will discuss which, if any, areas will be subject, to it; and after one year, there will be another public hearing to determine which, if any, areas will be subject to that power and a map inserted in the Plan. He stated that the EIR was prepared and included 1200 acres which had a broader impact; that revision in State law in January, 1984, resulted in a reduced project area to eliminate vast amounts of vacant land, resulting in a project area of 260 acres; that the EIR was revised in mid-1984 and submitted to reviewing agencies, and concerns expressed relative to the Fringe-toed lizard habitat were mitigated since the majority of vacant land was eliminated from the project area, and there were no further comments on the second review period; and that there will not be a 20% set aside for low and moderate income housing for the total City, but rather a 100% will be spent in the project area. There were no objections and the Report of the Agency in the form indicated was made part of the record, along with testimony received, as Exhibit 5, and the Final EIR as Exhibit 6. Legal Counsel reviewed the Redevelopment Plan indicating its parts, major goals, proposed redevelopment actions, important features of the plan, financing methods, City aid, and that the effective term of the Plan ' is 30 years. The Plan was entered into the record as Exhibit 7. CRA Minutes 31 d 11-7-84 Page 3 1 . PA7 (Continued) There being no objections, the Rules Governing Participation by Property Owners, previously approved by the Agency, as noted by the Project Manager, was entered into the record as Exhibit 8. Mayor inquired if anyone wished to be heard in favor: Belinda Greer, 3420 Chia Road, on behalf of the PAC and the community, stated that the community is in agreement with the plan and recommended its adoption. Ivory Murrell , member of the PAC, stated that he was in favor of the plan; and that the plan has been reviewed and changes made to meet the needs of the community. Clarence Dauphine, representing Gateway Homeowners Estate Improvement Association, 879 Gateway, posed several questions, and following responses by Project Manager, stated that he thought this was a fine project and hoped it would be successful . Project Manager' s responses to the questions by Mr. Dauphine related to the reduction in the scope of the project area size; and he stated that residential lots are in-line with zoning established for the area; and combining lots comes into play if eminent domain were to be used, which is the only way that could be forced; that there is no special provision in the Plan which requires that jobs be given to large number of resi- dents in the project area for projects built in the area; that if development happens without Agency financial assistance, ' there is no way to make it a requirement, but with financial assistance, it could be required in the development agreement; that all development plans which will go to the Planning Com- mission will also go to the PAC for its input; and that if the use of eminent domain were to be included, another public hearing would have to be held. In answer to question by George Whitney, 1049 Marion Way, Project Manager stated that his 300+ acres was eliminated because it was vacant. In answer to question by Ben Morrow, Project Manager stated that the strength of the economic base related to the means of the Agency to encourage development; that the Agency can assist in financing certain improvements related to a develop- ment, which might otherwise make the project economically infeas- ible; that the Plan does not have any specific development proposed other than that which is allowed by zoning; that the PAC will be asked for input on particular projects prior to Planning Commission or City Council consideration, but it will not have approval of denial authority; that if a project requires combining of parcels, the current owners and tenants must be offered first chance to develop, and if they do not wish to do that, the Agency may then proceed with another non-property owner; that there are no set programs for financing, and financing would be dependent on the particular project; and he briefly explained the different funding mechanisms available. Juanita Moore, member of the PAC, 386 Sunview, spoke in support of the Plan. 312 CRA Minutes 11-7-84 Page 4 1 . PA7 (Continued) Rev. Rollins, First Baptist Church, stated he favored the program, and that the community has experienced deterioration; and hoped that means could be found that would help people to earn money and dollars would be forthcoming to do what the community needs. Mayor inquired if anyone wished to be heard in opposition. McArvie Crawford, 368 Bonair, questioned what development in proposed in this area in the next five years, and expressed his understanding that there would be anticipated development around the Desert Highland area. He stated that he found it difficult to understand why the City wants to develop this area when it has not had any interest in the area in the past; that he believed improvements could be made to homes and vacant lots, but it was the responsibility of the property owner to take care of his property and not let it deteriorate, and the City could help in this through police and code enforcement. Redevelopment Specialist stated that the survey area was adopted in 1982, along with many other survey areas, and this is not a new interest in the community on the part of the City, only that it has taken time to arrive at this point; that staff met with the community and indicated that if it were not in favor of the .project, that would be honored; and it is hoped that as the housing begins to improve in the area, that will create an atmosphere that homes will be taken care of and development will begin happening. In answer to questions by Mr. Crawford, staff reported that there are some buildings which are not safe or sanitary, however, lack of painting and up-keep for many relates to the economic condition of the family, plus, desire; that the discussion does not address removing existing dwellings, but rather upgrade, which for most will be maintenance type issues, not because of substandard building; that the issue of eminent domain was raised many, many times, and the PAC wanted enough time to review what it could, or could not, do and its impact on the community; and that it appears eminent domain would not be used anywhere in the residential area, but possibly for the industrial , which is a decision that will have to be made. Councilman Birer stated that the City has many powers, some of which it never uses, and that eminent domain has been used as a last resort; and that it is not a taking of property, but a substitution which gives equal right for full value. Councilman Maryanov stated that a property can only be taken if there is a public good, that individuals must be relocated, and there must be agreement on value. Mr. Crawford commented that redevelopment will devalue property because of the stated conditions for which there is a need for redevelopment, i .e. , blight; that there should be more street cleaning, and police work which would solve the problem of writing on the walls, and the vandalism; and that the City is saying that it will try and help, but that is not good enough, because there is no guarantee that the City will not use eminent domain. CRA Minutes 11-7-84 Page 5 1 . PA7 (Continued) Councilman Birer stated that the comments regarding code enforce. ment are well-taken, but do not relate to redevelopment. He reiterated how the Agency can assist in development and secure trade-offs by the developer for Agency participation. Councilman Maryanov stated that the guarantee is that an oppor- tunity for improvement will exist that would not otherwise exist without redevelopment. Redevelopment Specialist offered to meet with Mr. Crawford to review the plan page-by-page. Mr. Crawford stated that "if" is too vague; and that what is needed is for someone to show people in the community how to help themselves, instead of working at the grocery store, or cleaning up vacant lots. In answer to question by Don Smith, owner of property in the area, Project Manager stated that the Redevelopment Plan identi- fies what can be done in an area and potentials for financing, but does not include a specific program for specific properties; that the Plan is an enabling action; and that if Mr. Smith proposes development of his property, it would be encouraged, and not blocked, by the adoption of the Plan. There were no further appearances in favor, or in opposition. It was moved by Birer, seconded by Foster, and unanimously ' carried, Smith abstaining, that the hearing be closed. CRA Resolution 265, certifying completion of the Final EIR, was read by title by the City Clerk; after which, it was moved by Foster, seconded by Birer, and unanimously carried, Smith abstaining, that Resolution 265 be adopted. Council Resolution 15304, certifying completion of the Final EIR, was read by title by the City Clerk, after which, it was moved by Foster, seconded by Birer, and unanimously carried, Smith abstaining, that Resolution 15304 be adopted. It was moved by Foster, seconded by Birer, and unanimously carried, Smith abstaining, that written and oral objections to the Redevelopment Plan be overruled. City Clerk read title of the Ordinance, as follows: OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE HIGHLAND-GATEWAY REDEVELOPMENT PROJECT. It was moved by Birer, seconded by Foster, and unanimously carried, Smith abstaining, that further reading be waived, ' and the Ordinance be introduced for first reading. �314 CRA Minutes 11-7-84 Page 6 APPROVAL OF MINUTES: It was moved by Foster, seconded by Maryanov, and unanimously carried, that the Minutes of October 3 and 17, 1984 be approved. LEGISLATIVE ACTION: 2. PA4B14 - AUTO SALES CENTER Recommendation: That the Agency approve agreement with Urban Consultants, Inc. , to assist in the development of the Auto Sales Center project; and that the $30,000 loan of the City to finance the costs thereof be accepted, and the budget amended to account for the funds. Economic Development & Housing Specialist stated that the consultant will be used for purpose of land assembly, and the proposed contract has been revised, in line with study session discussion, to reflect that during the period of the contract, and for two years thereafter, the consultant will not provide assistance to other entities which would compete for this type of project in the Coachella Valley. Resolutions 266 through 268, approving the contract, accepting the loan and amending the budget, were presented; after which, it was moved by Birer, seconded by Foster, and unanimously carried, that Resolutions 266 through 268 be adopted. 3. PA6 - PASS-THROUGH AGREEMENT Recommendation: That the Agency approve pass-through agreement with Riverside County for the North Palm Canyon Redevelopment Area. Project Manager reported that the agreement provides a 10% pass-through for the first $5 million, 50% on the second $5 million, and 100% thereafter, and that the Board of Supervisors has approved the agreement. Resolution 269, approving the agreement, as recommended, was presented; after which, it was moved by Smith, seconded by Maryanov, and unanimously carried, that Resolution 269 be adopted. 4. PA1B4-6 - DeBARTOLO REIMBURSEMENT Recommendation: That the Agency authorize reimbursement to Edward J. DeBartolo Corporation for stuccoing the retaining wall along Belardo Road, adjacent to the O'Donnell Golf Course, in an amount not to exceed $2,275. Item is in line with Partici- pation Agreement. Resolution 270, approving reimbursement as recommended, was presented; after which, it was moved by Maryanov, seconded by Foster, and unanimously carried, that: Resolution 270 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned to Tuesday, November 20, 1984, at 7:30 p.m. , in the Council Chamber. F'_ JITH SUMICH Asst. Secretary MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY NOVEMBER 21 , 1984 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs was called to order by the Assistant Secretary, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, November 21 , 1984, at 7:30 p.m. ROLL CALL: Present: None Absent: Agency Members Birer, Foster, Maryanov, Smith and Chairman Bogert ADJOURNMENT There being lack of a quorum, the Assistant Secretary declared the meeting, including hearing on Resolution of Necessity relative to the Convention Center, adjourned to Tuesday, November 27, 1984, in the Large Conference Room, City Hall , at 3 p.m. JUDITH SUMICH Assistant Secretary 316. MINUTES OF CITY OF PALM SPRINGS CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY NOVEMBER 27, 1984 An Adjourned Regular Meeting of the City Council and of the Community Redevelopment Agency of the City of Palm Springs, were called to order by the Mayor/Chairman, in the Large Conference Room, City Hall , 3200 Tahquitz-McCallum Way, on Tuesday, November 27, 1984, at 3 p.m. ROLL CALLS Present: Council/Agency Members Birer, Foster, Maryanov, Smith and Mayor/Chairman Bogert Absent: None CITY COUNCIL PUBLIC HEARING & ACTION: 1 . CONVENTION CENTER - RESOLUTION OF NECESSITY Recommendation: That the Council declare the public necessity for the taking of certain leasehold and fee interests in real property in the Tahquitz-Andreas Redevelopment Project Area (PA2) ; and authorize legal counsel to request an Order of Prejudgment Possession for the fee interest in Blocks 7, 8 and 111 , and the leasehold interest in Blocks 107, 108, 109, 110, 112, 113, 114, 217, 218 and 232, all in Section 14. Councilman Maryanov stated that he would abstain because of real property interests across the street. In answer to question by Councilman Smith, City Attorney stated that based on the Rule of Required Participation, and the order of the previously established draw for voting order, Councilman Smith would participate and vote on this matter. Redevelopment Director stated that there is only one property owner, and the remainder are leaseholders ; that the acquisition is to enable the master lease with the Indian Allottees to become effective ; that Order of Prejudgment Possession will be sought before the end of the year; and that the action sets the stage for eminent domain to assure the developer that the acquisition will occur prior to the end of the year. He stated that letter was received from Mr. McLaurin, of Hill , Farrer R Burrill , representing the Prairie Schooner Trailer Park, indicating that they wished to be heard, however, it was his understanding that no one would be present. Mayor inquired if anyone wished to be heard; there were no appearances. Resolution 15345, declaring public necessity, as recommended, was presented; after which, it was moved by Birer, seconded by Foster, and unanimously carried, Maryanov abstaining, that Resolution 15345 be adopted. REDEVELOPMENT AGENCY HEARING AND ACTION 1 . PA2 - CONVENTION CENTER RESOLUTION OF NECESSITY Redevelopment Director noted the same recommendation as above described. Chairman inquired if anyone wished to be heard; there were no appearances. Resolution 271 , declaring public necessity, as recommended, was presented ; after which, it was moved by Birer, seconded by Foster, and unanimously carried, Maryanov abstaining, that Resolution 271 be adopted. ' CRA & Council Minutes 11-27-84 Page 2 ADJOURNMENT There being no further business, Mayor/Chairman declared the meeting adjourned. 21 l JUD� ITH S MICH City Clerk & Asst. CRA Secretary 1 318 MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS DECEMBER 5, 1984 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, December 5, 1984, 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 Foster, seconded by Smith, and unanimously carried, that the Minutes of October 30 and November 7, 1984 be approved. LEGISLATIVE ACTION: 1 . PA1B4-6 - SCE RELOCATION AGREEMENT Recommendation: That the Agency approve agreement with SCE for relocation of its facilities from abandoned Andreas Road and Belardo Road to new location, in amount of $54,234. Report highlighted by Redevelopment Director. Resolution 272, approving the agreement as recommended, was presented; after which, it was moved by Foster., seconded by Birer, and unanimously carried, that Resolution 272 be adopted. 2. PA6 & PA7 - PASS-THROUGH AGREEMENTS Recommendation: That the Agency approve pass-through agreement for tax increment funds with the P.S. Cemetery District, for PA6 - North Palm Canyon Area and for PA7 - Highland-Gateway Area. Report highlighted by Redevelopment Director. Member Smith stated that he would abstain on matters relative to PA7 since he has real property interests in the area. Resolutions 273 and 274, approving agreement as recommended, respectively, were presented; after which, it was moved by Birer, seconded by Foster, and unanimously carried, that Resolu- tions 273 and 274 be adopted; Smith abstaining on Resolution 274. 3. PA7 - PASS-THROUGH AGREEMENT Recommendation: That the Agency approve pass-through agreement with Coachella Valley Mosquito Abatement District for pass-through of tax increment funds for PA7 - Highland-Gateway Area. Report highlighted by Redevelopment Director. Resolution 275 approving the agreement, as recommended, was presented; after which, it was moved by Maryanov, seconded by Birer, and unanimously carried, Smith abstaining, that Resolu- tion 275 be adopted. CRA Minutes 12-5-84 Page 2 4. PA7 - PASS-THROUGH AGREEMENT Recommendation: That the Agency approve pass-through agreement with Riverside County for pass-through of tax increment funds for PA7 - Highland-Gateway Area. Report highlighted by Redevelopment Director. Resolution 276 approving the agreement, as recommended, was presented; after which, it was moved by Birer, seconded by Foster, and unanimously carried, Smith abstaining, that Resolu- tion 276 be adopted. 5. PAiB7 - McCALLUM CIVIC BUILDING Redevelopment Director reported that as a result of discussion at the last study session, it was recommended discussions rela- tive to a participation agreement be continued 90 days to coincide with City Council authorization for exclusive negotia- tion between Mr. Wessman and the City. It was moved by Smith, seconded by Birer, and unanimously carried, Maryanov abstaining, that consideration of participation agreement be continued to correspond to City Council authoriza- tion for exclusive negotiation for the site. 6. PA2B6-10 - CONVENTION CENTER Recommendation: That the Agency approve Development Agreement between the Agency, the City, Hotel and Convention Center ' Partners, Ltd. , (one with each partner I through XI) and Shale Energy Corporation of America (SENCA) . Economic Development & Housing Specialist stated that the exhibits to the agreement will become a part of each agreement as they are brought to the Agency/Council and approved on an individual basis, and that Exhibits A & B are in-place. She stated that the proposed resolutions of the Agency and Council reiterate the commitments and agreements that have already been made by the legislative bodies; and that an agreement will be signed by each of the eleven partnerships. Resolution 277 approving the agreement(s) , as recommended, was presented; after which, it was moved by Birer, seconded by Foster, and unanimously carried, Maryanov and Smith abstain- ing, that Resolution 277 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned to Tueday, December 11 , 1984, at 3 p.m. , in the Large Conference Room, City Hall . ��JUDITH SUMICH Asst. Secretary MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY DECEMBER 11 , 1984 An Adjourned Regular Meeting of the City Council was called to order by Chairman Bogert, in the Large Conference Room, City Nall , 3200 Tahquitz-McCallum Way, on Tuesday, December 11 , 1984, at 3 p.m. ROLL CALL: Present: Members Birer, Foster„ Maryanov, Smith and Chairman Bogert Absent: None LEGISLATIVE ACTION: 1 . PA2 - CONVENTION CENTER FINANCING Recommendation: That the Agency accept loan from the City, in amount of $600.,000, in connection with certain property acquisition (Foster leasehold) relative to the Convention Center Project. Note: See' City Council minutes of this date for report of Redevelopment Director. Resolution 278, accepting the loan, was presented; after which, it was moved by Birer, seconded by Foster, and unanimously carried, Maryanov & Smith abstaining, that Resolution 278 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. JUDITH SUMICH Asst. Secretary 321 MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS DECEMBER 19, 1984 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, December 19, 1984, at 7:30 p.m. r ROLL CALL: Present: Members Birer, Foster, Maryanov, Smith and Chairman Bogert Absent: None APPROVAL OF MINUTES: It was moved by Smith, seconded by Maryanov, and unanimously carried, that the Minutes of November 5, 21 , 27 and December 5, '1984 be approved. LEGISLATIVE ACTION: 1 . PA7 - PASS-THROUGH AGREEMENT Recommendation: That the Agency approve pass-through agreement with Desert Water Agency for PA7 - Highland-Gateway Area. Redevelopment provided a brief review of his report, dated December 19, 1984. � Councilman Smith stated he would abstain because of interests in real property in the area. Resolution 279, approving the agreement, as recommended, was presented; after which, it was moved by Maryanov, seconded by Birer, and unanimously carried, Smith abstaining, that Resolution 279 be adopted. 2. PA2B6-10 - LEGAL SERVICES Recommendation: That the Agency approve a substitute agreement with the firm of Simmons, Ritchie, Segal & Stark for legal services related to the drafting of the Development Agreement for the Convention Center and Headquarters Hotel . Agreement originally approved September 17, 1984. Redevelopment Director noted major changes in the agreement, as detailed in report of Director of Community Development December 19, 1984, i .e. , eliminating Kasirer, Wolfson & Frankel as parties to the agreement, clarifying payment due Simmons, et a1 , as a result of escrow closing, and with respect to billings Prom the firm - total payments will not exceed $25,000 as originally agreed upon. Resolution 280, approving substitute agreement, as recommended, was presented; after which, it was moved by Birer, seconded by Foster, and unanimously carried, Maryanov and Smith abstain- ing, that Resolution 280 be adopted. c 'a, CRA Minutes 12-19-84, Page 2 3. PA301 i - TAX EXEMPT BONDS R,ecorlyriendaLlon: That the Agency authorize delivery of seven 1. separate issues of Corti Ficatc'S Of participation to finance the accpuisition and cjevolopjrj.snt of seven condominium ownerships of a hotel , knotjo as -the Palm Canyon Plaza Hotel , aka Crowe I-lotci , zind e;iecution of various documents pertaining to each of -tiie projects (Pajprj Canyon Plaza 1 , Ltd. through Palvii Canyon Plaza 7, Ltd. ) , including appointment Of Redevelopment Director to hold a puJ)jjC hearing to meet TEMA requirements; approve an agreement with Simmons, Ritchie, Segal and Stark for legal services in drafting a development and disposition agreement (DDA) ; approve are agreementwith Kasirer, Wolfson L FYC 'ankel to provide k�0 n d counsel services -in conjunction with the development agreerioc.rot, -and agreement with Bi rr Ui I son & Co. , as 'band unclerwriter•sr and outline elements of the development jq-jth palm Canyon Plaza, Ltd. , a partnership Comprised of National Equity Investments and Octagon Associates, Redevelopment Director stated that i'I the developer does not perform wftI-Jn the -mjrst 10 months, the Agency could -take the developer' s position and arrange for another developer to take the position; that all plans and specs would be acquired, and i-F performance did not begin within a certain r �j amount of time, the Agency would be able to begin to pub: another developer into position; that a performance bored would be required, and three year escrow could riot be broken without letter of credit from a triple A rated bank provided by the developer, and that the hotel will be developed within three yearso In answer to question by Agency, Redevelopment Director affirmed that tile bond proceeds would be held in escrow for three years, and if the project vlere not at the point where the Agency deemed it should be by a certain time, Cher would be enough i'n _--scrotri to pay bask the bonds and all costs related thereto, and there would be no risk to the Agency. cilairfitai-I stated diat because of interest in adjoining real property, he would abstain from discussion and voting. Resolutions 281 through 2B4, approving actions as recommended, W01M presented; Lifter, uqhich, it was moved by Smit-Il, seconded by litaryanov, and unanimously carried, Bogert abstaining, jj­iat Resolutions 280 through 20r! be adopted. ADJOURINKEINT Mere being no Further business, Chairman declared the meeting adjourned to Wednesday, December 26, 1904, at 3 P.M. tile L.arge Conference Room, City Hall . JUDITH SUfIIICH Asst, Secretary 32 MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS DECEMBER 26, 1984 An Adjourned Regular' Fleeting of the Community Redevelopment Agency of the City of Palm Springs, was called to order by Chairman Bogert, in the Barge Conference Room, City Hall , 3200 Taheluitz•-McCallum Way, on !rlednesday, December 25, -dace, at 3 p.m. ROLL CALL: Present: Members Sirer, Foster, Marlranov, Smith and Chairman Bogert Absent: None LEGISLATIVE ACTION: 1 . PA2B6-10 - FINANCING Recommendation: That the Agency authorize issuance of 1984 variable rate demand Certificates of Participation, and actions relating thereinto, including appointment of First Interstate Bank as Trustee, approval of trust agreement, reimbursement agreement, remarketing agreement, first installment sale agreement, second installment sale agreement, second assignment agreement and Agency Agreement, authorize the official statement and ratify use of the preliminary official statement, award certificates of participation to Birr, Nilson & Co. , underivriters, approve execution of and delivery of purchase agreement; authorizing 'necessary actions by ;agency officials, all effective immediately upon q adoption of proposed resolutions, for each of eleven separate issues, as follows: Hotel Z, Convention Center Partners, I, Ltd, through Hotel and Convention Center Partners VIII., _ each $6.2 million Hotel and Convention Center Partners, Ile, Ltd. , e .' 6.5 million. Hotel and Convention Center Partners fit, Ltd. , - $6.2 million. Hotel and Convention Center Partners, X! , Lt. , - J5.9 million. Doug Powers, Morgan, Lewis & Qockius, stated that each proposed resolution gives the Executive Director the authority to execute the purchase agreement on December 27, and all actions would be ratified on December 31 . Economic Development and Housing Director noted minor changes to the proposed resolutions, as distributed, as follows: Page 3, Section 4. (b) ". . —, . .Certifica.tes shall be at tie initial rate not to__exceed of 74. percent (7.25%) per ar4rdum' o � . . . . . . . 0 �_.�...... r.� Page 16 Section G, ". . . _ .Smith, Incorporated, or either of them as determained by the Agency's siginatory thereto, d:ho. . . . ._ _not less than ninety-0ve six percent. . . . . . . . . ,Vice-Chairman, or Executive llarector is. . . . . . . . . "' Resolutions 285 through 295, approving the actions as recom- mended, for headquarters hotel project Nos. I through X!, respectively, were (Presented, after which, it was moved by Direr, seconded by Foster, and unanimously carried, Haryanov and Smith abstaining, that Resolutions 285 through 295 be adopted. 224 CRIA Minutes 12-26 84, Page 2 2. FTM 20485 -- SURETY Re c oullilen,tj a t i o n: That the Agency guarantee -to provide surety for construction of ilrrprovenients in the public right-o'a.-,'aay, which is required before the City Council can approve the NnaaI Tract Map For the Convention Center and Headquarters Hotel , For condominium purposes. Ecor mic Development t; Housing Specialist stated that because of the severe time constraints, it is impossible for the developer to obtain 'the performance and labor 9, nlater'ial bonds, customarily associated with subdivision improvements, and required as part of the approval process 'or the tract {dap, and staff recommended -'that the Agency provide the surety., (137) subject to the following conditions: a) Developer agrees, upon completion of the financing package and prior to beginning construction, to provide a bond or irrevocable letter of credit, in amounts specified by the City., and b) Developer agrees not to sell the 'tract neap" and upon demand by the C,ii:y, to institute proceedings for "reversion to acreage" should the developer be unable to assemble the full financing package rand be unable to construct the project. She stated 'that; the proposed action will enable approval of the FTM and its recordation, but assure that the Agency is not at risk. Resolution 296, approving a guarantee to provide surety, as recomimnded, Iva presented; after which, it was moved by Hirer, seconded by poster, and unanimously carried, Maryanov adjf:l &li'tl'9 abst_aiping, -that hesolution 295 be adopted. ADJOURNMENT �II"Ye P'e 1leing nfl fUrs:.her lrusi PVess, Chairman de¢a aY'ed 'tPne meeting adjourned t'o i"3onday, December 31 , 19N, at H a.m. , IF, the Large (conference Room, City 1-1611 Wit/ �VDDit pl SiiNiiCal Assistant Secretary MINUTES OF 3.25 CITY OF PALM SPRINGS CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY DECEMBER 31 198 An Adjourned Regular Meeting of the City Council and of the Community Redevelopment Agency of the City of Palm Springs, were called to order by Piayor/Chairman Bogert, in the Large ConFerence Room, City Hall , 3200 Tahquitz-McCallum Hay, on Monday, December 31 , 1984, at g a.m. ROLL CALL. Present. Council/Agency Members Sirer, Foster, Maryanov and Mayor/Chairman Bogeri; Absent: Council/Agency Member Smith PUBLIC COMMENTS: Mayor inquired if anyone wished to be heard; after which, Jeremy Crocker stated that the Council should not proceed in (haste, and the Convention Center will provide the same amount of space that is fount; in existing hotels, which provide room tax. -There were no other appearances. 1 . CONVEN110N CENTER .. LOANS Recommendation: That the CQ' mxil approve a $2,003,750 loan to the Redevelopment Agency, to fund acquisition of leasehold -interests over the Convention Center and Headquarters Hotel site; and amend the budget to appropriate necessary funds. Economic Uevelopmevit & Housing Director stated that the loan would enable existing leasehold interests to be extinguished. Resolutions 15379, approving the @oan, avid 15330, amending the budget, as :recommended, were presented; after which, 'it was moved by Qirer, seconded by Faster, anti unanimously carried, Irlaryanov abstaining and Smith absent., that Resolutions 15379 and 15380 be adopted° Recommendation: That: the Council approve a loam of $671 ,350 to the Redevelopment Agency to fund lease payment and other relatod9 expenditures for one year for the Convevition Center and Headquarters Hotel site; amend the budget to appropriate the necessary funds ; and approve amendment to Development Agreement with SENCA, to provide a $3,221 ,350 loan to SENCA, at 12% per annum interest raise. He stated that the loan to SENCA is to be used to cover the existing leasehold interests, above noted, payment of the first; annual leasehold payment on the site, and related administrative fees payable to the BIA, relative to exercise of the option to lease; and other details including Agency entitlement to a percentage of any net profits. He stated that the loan requires evidence of a promissory note executed by SENCA avid drawn in favor of the Agency, and presented the single copy of the note. City Manager stated that funds are accruing from the 2% TOT override, and the loan has a one-year maximum time 'Frame, however, it is anticipated that it will be repaid before then ; and that not all funds will be expended at one time. !Resolutions 15381 , 15352 and 15383, approving the loan, amend- ing the budget, and approving Amendment No. 1 to the Develop ment Agreement, were presented; after which, it was moved by Hirer, seconded by Foster, and unanimously carried, Maryanov abstaining and Smith absent, that Resolutions 15381 through 15383 be adopted. Council & CRA Minutes 12-31­84, Page 2 COMIMUNITY REDEVELOPMENT AGENCY: 1 . CONVENTION CENTER ... LOA'MS Recommendai:ion: That the Agency accept loan of .$2,003,750 from the City to provide funding For acquisition of leasehold interests and o'thcr related eXpendi'tures 170r the project; auad approve settlsments for acquisition of leasehold interests and authorize actions by Agency officers to execute necessary d€}C!ments; accept the loan from the City, in amount of $671 ,350 for first annual leaso payment on the project site; approve a °°loan agreement" with SENCA for funds advanced for one year lease payments and leasehold purchase of the site; and approve Amendment; No. l to Development Agreement with SENCA to provide loan of $3,221 ,350, ,as described in above Council ac'tion Redevelopment Director 'reviewed recommendation, notincl settle... ment, as follows: ICen Foster., PSL 31 1 , d3 i<s 107-110, $600,0100 Once Hundred Eleven Assoc, PSL 259, Dlks 112. 114, except 115, $1 .,140 m'iIiion Lindley Ente rpr ices, 1n c. , PSL 222, 81l€ 232, $763,750 Dowwntown Properties, Inc. , PSL. 226, 8li€s 217-218, $100,000. Resolutions 297 through 301 were presented; after which, it was moved by roster, seconded by direr, and unanimously carried, Maryanov aistain'ing and Smith absent, that Resolutions 297 through 301 be adopted. (Note: Res. 300 and 301 approve the same loan agreenient. ) JOINT CITY COUNCIL AND CRA ACTIONS: 11 . CONVENTION CENTER • CERTIFICATES OF PARTICIPATION Recommendation: That the Council approve 'form of an amended and restated Trust Agreement, dated as of November 1 , 1984, between First Interstate Dank, the City, and SENCA, and amend,- ing Section 5, of Resolution 15303, adopted Noveiflbcr 5, 1984; and cony,€or in previously adopted act.-ions of the Agency; and that the Agency adopt a resolution For each of 'the eleven partnerships, relative to the Certificates of Participation, approving various actions related thereto, iiticluding, for each: First and Second Instal lmen't Agreements, Agency Agree— anent, First and Second Assignment Agreement, Trust Agreement, Certificate Purchase Agreement, and Rerrarlcehing Agreement. Econom1 c Development & Housing Specialist stated that the hotel w'iII be built with certificates of participation in excess o'F 68 million; that bond counsel has requested that the Council and the Agency approve the documents to enable the Financing to proceed; that escrow account wlIi be provided, until a number of events ,happen, which are detailed in the various documents ; and that the City is the issuer of the Convention Center bonds, and the Agency the issuer of the hotel project bonds. lie , stated that the certificates for the Convention Center were sold on November 5, 1984, and pursuant to action at that time, the Mayor and other city officials executed various', documents, to be ratified at this time. Resolution 15384, approving amended and restated Trust ,€Agree_, went, and Resolution 15385, concurring in CRA Resolutions 277 through this date., were presented; after which, it was moved by Firer, seconded by Foster, and unanimously carried, irlaryanov abstaining and Smith absent, that Resolutions 1538, and 15385 be adoDtedi City Council tt CRA Minutes 12-31--04, Page 3 1 , CONVENTION CENTER CERTIFICATES (Continued) Resolutions 302 through 312, authorizing sales of Certificates of Participation, and related actions, as recommended, for projects I through XI, were presenu cda after which, it was moved by roster, seconded by Direr, and unanimously carried, Mary%anov abstaining and Smith absent, that. Resolutions 302 through 312 be adopted. 2. BOND UNDERWRITER SERVICES Economic Development & Housing Specialist stated that because of conflicts which arose during the preparation of Convention Center documentation, it was recommended that the Agency establish a. policy of dealing exclusively with one underwriter or the other, at the discretion of the Executive Director, after which, it was moved by Foster, seconded by Hirer, and unanimously carried, Maryaaov abstaning and Smith absent, that the Executive Director is authorized to utilize his discretion in using approved bond underwriter services. ADJOURNMENT There being no further business, Mayor/Chairman declared the meeting adjourned. Z Q,J jUD TH SUMICH 1 City Clerk r Cl711 Asst. Secretary