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HomeMy WebLinkAbout1/1/1983 - CRA MINUTES 1_7 4 MINUTES OF CITY OF PALM SPRINGS COMMUNIT`! REDEVELOPMENT AGENCY JANUARY 19, 1983 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 19, 1983 at 7:30 p.m. ROLL CALL: Present: Members Doyle, Foster, Maryanov & Chairman Bogert Absent: Member Ortner-Kubler APPROVAL OF MINUTES: It was moved by Doyle, seconded by Foster, and unanimously carried, that the minutes of November 17, 1982 be approved. 1 . REDEVELOPMENT EDUCATIONAL PROGRAM Recommendation: To instruct staff to prepare scope of services and request proposals to establish an informational program for the general public to broaden its awareness of redevelopment activities and their benefit to the community; intended to be utilized concurrent with the establishment of new redevelopment areas. Redevelopment Director stated that thhis matter was reviewed at the last study session; that if agreement is desired with Patty Patane, he would like more time to outline specific 'terms, e.g. , term of the agreement, product to be created, and how are charges determined ; and that if the Agency did not desire to proceed with the agreement, the DDAC will begun looking at professional organizations to determine methods available to develop information or materials relating to up-coming hearings. In answer to question by Agency, . Redevelopment Director stated that Ms. Patane had told him she was not agreeable to a 30-day cancellation clause and the agreement could not be in that kind of increment because of the costs to her. Member Doyle stated concerns about unsolicited proposals ; that in reviewing minutes of the DDAC, the did not find any expression to provide some mechanism whereby the community might be better informed on redevelopment, although he was not suggesting that it would not be productive to do so; that the DDAC should be clearer in what it wants, i .e. , it supported the proposal , but the proposal has changed since that time; and that he supported referring this matter to the DDAC with an indication that the Agency supports the request, but is not comfortable with the manner in which it is being made. 1 '75 CRA Minutes 1-19-83 Page 2 1 . REDEVELOPMENT EDUCATIONAL PROGRAM (Continued) It was moved by Doyle and seconded by Foster that this matter be referred back to the Downtown Development Advisory Commission to define the request and development of desired end product; the intent of which is that an educational program is supported by the Council , but the DDAC should be more involved in what the program should entail and whether RFPs should be sent to others in the community; said motion was unanimously adopted; Ortner-Kubler absent. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. BDDITH SUMICH Assistant Secretary 1 rt MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY FEBRUARY 2, 1983 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 2, 1983, at 7:30 p.m. ROLL CALL: Present: Members Foster, Maryanov & Chairman Bogert Members Doyle & Ortner-Kubler (Mrs. Kubler entered during Director' s report) 1 . PROJECT AREA #1 - CATHOLIC CHURCH PARKING LOT ACQUISITION Recommendation: That the Agency authorize staff to offer $610,000, plus conditions, to the diocese of San Bernardino for the acquisition of 39,440 sq. ft. parking lot on the NE corner of Alejo and Belardo Roads. Redevelopment Director reviewed his report, dated February 2, 1983, noting that the sale would be consumated over a period of three years, with a down payment now and the remain- der in installments at 8%. He stated that the acquisition of the site is key to development of Block 'l . Resolution 128, authorizing the offer to be made was presented; after which, it was moved by Ortner-Kubler, seconded by Maryanov, and unanimously carried, Doyle absent, that Resolu- tion 128 be adopted. ADJOURNMENT There being no further business, Chairman declared -the meeting adjourned. JUDITH SUMICH City Clerk MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY FEBRUARY 16, 1983 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, February 16, 1983, at 7:30 p.m. ROLL CALL: Present: Members Doyle, Foster, Ortner-Kubler and Vice-Chairman Maryanov Absent: Chairman Bogert APPROVAL OF MINUTES: It was moved by Foster, seconded by Doyle, and unanimously carried, Bogert absent, that the minutes of January 19, and February 2, 1983 be approved. LEGISLATIVE ACTION: 1 . PALM CANYON PLAZA LTD. Recommendation: That the Agency declare intent to enter into participation agreement with Palm Canyon Plaza Ltd. , to assist in the development of a quality hotel on the NE corner of S. Palm Canyon and Mesquite, upon certain contingencies. Redevelopment Director stated that preliminary plans were reviewed at the last study session, and the proposed action would show intent to enter into an agreement, when the area is brought under redevelopment. Vice-Chairman noted that although it may be a moral commitment, there is no commitment to a specific project until details are developed and the entire process is reviewed and approved. Resolution 129, declaring intent, as recommended, was presented; after which, it was moved by Foster, seconded by Doyle, and unanimously carried, Bogert absent, that Resolution 129 be adopted. 2. BLOCK 2 LAND ACQUISITION - LAWRENCE PARCEL Recommendation: That the Agency authorize acquisition of property at 425 N. Palm Canyon Drive, in amount of $140,000. Report highlighted by Redevelopment Director; matter reviewed in detail at last study session. Resolution 130, authorizing acquisition, as recommended, was presented; after which, it was moved by Doyle, seconded by Ortner-Kubler, and unanimously carried, Bogert absent, that Resolution 130 be adopted. CRA Minutes 2-16-83 Page 2 3. CENTER BELARDO Recommendation: That the Agency authorize preparation of partic- ipation agreement with Center/Belardo for phased development of a multi-use facility on parcels in Block 2. Redevelopment Director reported that developer has requested concept approval and ability to use the Texaco site on a temporary basis; that the DDAC recommended a $1200 per month lease for the site, escalating to $1500 per month for the second year, and a close examination of a third year, with potential cancellation if there is no indication of moving toward ultimate development; that the Texaco site would primarily be used for landscaping and there will be little improvement that would need to be torn down.; that some general renovation and partial demolition will occur on the former Youth Center site; that questions remain as to timing for ultimate plan and duration of temporary use; and that specific details will be returned to the Agency via the Planning Commission. Resolution 131 , authorizing preparation of agreement, as recom- mended, was presented; after which, it was moved by Doyle, seconded by Foster, and unanimously carried, Bogert absent, that Resolution 131 be adopted. ADJOURNMENT There being no further business, Vice-Chairman declared the meeting adjourned. JUDITN SUMICN Assistant Secretary 01 15 MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY MARCH 2, 1983 A Regular Meeting of the Community Redevelopment Agency was called to order by Chairman Bogert, in the Council Chamber, 3200 Tahquitz- McCallum Way, on Wednesday, March 2, 1983, at 7:30 p.m. ROLL CALL: Present: Members Doyle, Foster, Kubler, Maryanov and Chairman Bogert Absent: None APPROVAL OF MINUTES: It was moved by Foster, seconded by Doyle, and unanimously carried, that the minutes of February 16, 1983 be approved. REPORTS - received & ordered filed a) Treasurer's - 2nd quarter - December, 1982 ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. ' (_, JUDITH SUMICH As Secretary 018( MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY APRIL 6, 1983 A Regular Meeting of the Community Redevelopment Agency was called to order by Chairman Bogert, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, April 6, 1983, at 7 :30 p.m. ROLL CALL: Present: Members Doyle, Foster, Maryanov, Ortner and Bogert Absent: None APPROVAL OF MINUTES: It was moved by Doyle, seconded by Maryanov, and unanimously carried, that the minutes of March 2, 1983 be approved. 1 . CONSULTING SERVICES - ECONOMIC DEVELOPMENT Recommendation: That the Agency approve agreement with Wedin Enterprises, Inc. , for professional services in connection with redevelopment and economic developmenL activities ; and amend the budget to appropriate $15,000, therefore. Report reviewed by Redevelopment Director. Resolutions 132 and 133, approving the agreement and amending the budget, as recommended, were presented; after which, it was moved by Doyle, seconded by Ortner, and unanimously carried, that Resolutions 132 and 133 be adopted. .ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. JUDITH SUMICH City Clerk MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY MAY 18, 1983 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, was called to order by Chairman Bogert, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, May 18, 1983, at 7:30 p.m. ROLE CALL: Present: Members Doyle, Foster, Maryanov, Ortner, Chairman Bogert Absent: None APPROVAL OF MINUTES: it was moved by Foster, seconded by Doyle, and unanimously carried, that the minutes of April 6, 1983 be approved. 1 . TAHQUITZ-ANDREAS REDEV. PROJECT (AREA #2) Recommendation: That the Agency refer proposed redevelopment plan to the Planning Commission and Project Area Committee for review and comment. Report reviewed by Redevelopment Director. (See also City Council Minutes this date re appoint- ment of committee) Member Ortner stated she would abstain from discussion and voting. Resolution 134 referring report as recommended, was presented; after which, it was moved by Doyle, seconded by Foster, and unanimously carried, Ortner abstaining, that Resolution 134 be adopted. 2. TREASURER'S REPORT - Received & Ordered Filed March 31 , 1983 ADDJOURNMENT There being no further business, Chairman declared the meeting adjourned. JUDITH SUMICH Asst. Secretary MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY JUNE 1 , 1983 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 1 , 1983, at 7:30 p.m. ROLL CALL: Present: Members Doyle, Foster, Maryanov, Ortner and Chairman Bogert Absent: None LEGISLATIVE ACTION: 1 . PA#2 - TAHQUITZ-ANDREAS REPORT & EIR City Attorney reviewed matters relative to eligibility of members of the Council and Agency according to disclosure statements as filed, or to be filed, under H&S Code or Government Code provisions, in preparation for actions this date relative to the subject project. He stated that in light of various statutory laws and administrative decisions, he found that four of the members either have an interest which would constitute a conflict, or could create the appearance of a conflict, and recommended that the decision of the FPPC be followed, i .e. , draw from those not eligible to participate until there is a quorum to participate in the decisions. He recommended that the order of the draw be applicable to all matters affecting this project in the future. City Clerk offered cup containing the numbers 1 through 4, and the following were drawn: 1 - Lloyd Maryanov 2 - Vyola Ortner 3 - Bill Foster 4 - John Doyle Net effect: In the absence of either Maryanov or Ortner, member Foster will serve as voting member, with Doyle remaining to abstain; and should Mr. Foster be absent on such occasion, member Doyle would then be required to complete the quorum. All members to remain during discussions to be familiar with the items, in order to be prepared to vote should that be required. Recommendation: That the Agency adopt its Report to the Council on the subject redevelopment plan, submit same, the proposed Redevelopment Plan, and the final EIR to the Council , and request a joint public hearing thereon for July 13, 1983. Report reviewed by Redevelopment Director. Resolution 135, adopting actions as recommended, was presented; after which, it was moved by: Ortner, seconded by Maryanov, and unanimously carried, Doyle & Foster abstaining, that Resolution 135 be adopted. O 2. PA#2 - TAHQUITZ-ANDREAS - OWNER/PARTICIP RULES Recommendation: That the Agency adopt Rules for Owner Participation for the subject project. Report reviewed by Redevelopment Director. Resolution 136, adopting rules as recommended, was presented; after which, it was moved by Ortner, seconded by Maryanov, and unanimously carried, Doyle & Foster abstaining, that Resolution 136 be adopted. CRA Minutes 6-1-83 Page 2 ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. 0�DITH SUMICH Assistant Secretary 1 0185 MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY JUNE 15, 1983 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 15, 1983, at 7:30 p.m. ROLL CALL: Present: Members Doyle, Foster, Maryanov, Ortner and Chairman Bogert Absent: None LEGISLATIVE ACTION: 1 . CATHOLIC CHURCH PARKING LOT ACQUISITION Recommendation: That the Agency authorize agreement specifying terms for the acquisition of the parking lot on the NE corner of Alejo Road and Belardo Road from the Ramon Catholic Bishop PA#1B2 of San Bernardino. CATH CHURCH Resolution 137, authorizing agreement as recommended, was presented; after which, it was moved by Doyle, seconded by Ortner, and unanimously carried, that Resolution 137 be adopted. 2. DEMOLITION OF STRUCTURES Recommendation: That the Agency award contract to IONIC Construction Co. , Inc. , in amount of $12,490 for demolition ' of structures within Block 2. Redevelopment Director reviewed his report dated June PA#lB2 15, 1983, noting that the properties on which structures are to be demolished, are the Morrison and Lawrence sites which the Agency has acquired; and portions of the Youth Center property, the Pomona College (Texaco) lease site, and boarded-up structure at Tahquitz and Cahuilla, to be reimbursed to the Agency by the property owners. He stated that there are not conclusive agreements with the property owners, and no work will be done until agreement is reached to guarantee reimbursement to the Agency. Member Foster stated that the report was difficult to understand, and in the future, the work to be accomplished should be more definitive. Resolution 138, awarding contract, as recommended, was presented; after which, it was moved by Doyle, seconded by Maryanov, and unanimously carried, that Resolution 138 be adopted. �S1csC� CRA Minutes 6-15-83 Page 2 3. RELOCATION & REAL PROPERTY ACQ GUIDELINES Recommendation: That the Agency adopt relocation assistance and real property acquisition guidelines for the new redevelopment areas in the process of adoption, which implements Government Code 7260, et seq, and 25 Cal Adm Code GEN Section 6000, et seq. , provisions. Resolution 139, adopting guidelines, as recommended, was presented; after which, it was moved by (Doyle, seconded by Foster, and unanimously carried, that Resolution 139 be adopted. 4. EIR GUIDELINES & RATIFICATION OF PROCESSING ACTIONS Recommendation: That the Agency adopt the City's EIR Guidelines as its own, and ratify actions which have been taken to-date relative to environmental processing of the Tahquitz-Andreas Redevelopment Project (PA#2) . Resolution 141 adopting the guidelines, as recommended, was GEN & presented; after which, it was moved by Doyle, seconded by PA#2 REPT Foster, and unanimously carried, that Resolution 140 be adopted. Resolution 140 , ratifying environmental processing actions re Tahquitz-Andreas Project Area, was presented; after which, it was moved by Ortner, seconded by Maryanov, and unanimously carried, Doyle and Foster abstaining, that Resolution 141 be adopted. 5. PERSONNEL RULES Recommendation: That the Agency adopt the City's Personnel Rules and Regulations, as may be amended, as its own for application to its employees. GEN Resolution 142, adopting the Personnel Rules, as recommended, was presented; after which, it was moved by Doyle, seconded by Maryanov, and unanimously carried, that Resolution 142 be adopted. 6. CONTINUING APPROPRIATIONS INTO 1983-84 Recommendation: That the Agency approve continuing appropriations from the 1982-83 budget into the 1983-84 fiscal year for projects not completed. BDGT Member Doyle stated that, in line with task force recommendation, he would like to see something productive accomplished relative to funds provided for street furniture, otherwise the funds should be deleted from the budget. Resolution 143, approving the continuing appropriations, as recommended, was presented ; after which, it was moved O by Foster, seconded by Maryanov, and unanimously carried, that Resolution 143 be adopted,. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned to June 28, 1983, to consider adoption of 1983-84 budget, in the Council Chamber, at 2 p.m. JUDITH SUMICH Assistant Secretary MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY JUNE 28, 1983 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, June 28, 1983, at 2 p.m. ROLL CALL: Present: Members Doyle, Foster, Maryanov, Ortner and Chairman Bogert Absent: None LEGISLATIVE ACTION: 1 . 1983-84 BUDGET Resolution 144, adopting a budget for the Agency' s Redevelopment Fund for 1983-84, in amount of $2,011 ,154, was presented; after which, it was moved by Doyle, seconded by Foster, and unanimously carried, that Resolution 144 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. UDITH SUMICN ' Assistant Secretary G1 � ' MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY ,. JULY 6, 1983 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, July 6, 1983, at 7:30 p.m. ROLL CALL: Present: Members Doyle, Foster, Ortner and Chairman Bogert Absent: Member Maryanov LEGISLATIVE ACTION: 1 . TAHQUITZ-ANDREAS PROJECT Redevelopment Director requested that the Agency adjourn to July 13, 1983, in order to conduct joint public hearing with the City Council relative to this project. He stated that he is still working with the County and other taxing agencies on agreement regarding tax increment funding; that he hoped to have preliminary agreements by the July 13 date, by which time, all taxing agencies are to have their concerns in to the County Auditor-Controller; and that the City staff proposal has been reviewed, and it is hoped that matter will be presented to the Board of Supervisors before July 13, 1983. No action on project needed. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned to Wednesday, July 13, 1983, at 7:30 p.m. , in the Council Chamber. JUDITH SUMICH Assistant Secretary G18 �� MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY JULY 13, 1983 An Adjourned Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, was called to order by Mayor pro tem Doyle, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednes- day, July 13, 1983, at 7:30 p.m. City Attorney referred to prior action of the Council relative to potential conflict of interests by members, and the order in which members would be able to participate in discussion and voting, and the manner by which that order was determined. See City Council Minutes of May 18, 1983. Mayor pro tem stated this would be a joint meeting of the Agency and the City Council ; that members of the Council also sit as members of the Agency; that the Agency and Council meeting of July 6, 1983, was duly adjourned to this time and date; and that the purpose of the meeting was to consider and act upon the Redevelopment Plan for the Tahquitz-Andreas Redevelopment Project, and the certification of the Final Environmental Impact Report on the Redevelopment Plan. ROLL CALL: Present: Members Doyle, Foster, and Ortner Absent: Member Maryanov and Chairman Bogert PUBLIC HEARING: 1 . TAHQUITZ-ANDREAS REDEVELOPMENT PROJECT Redevelopment Director submitted the following exhibits for the record: ' a) Exhibit I : Affidavit of Publication of legal notice of joint hearing; b) Exhibit II : City Clerk Certificate of Mailing notices and statement to each assessee in the project area; and c) Exhibit III : City Clerk Certificate of mailing notice of hearing to taxing jurisdictions as required by Section 33349 of the Health & Safety (H&S) 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 subject to questions through the Chair; 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 proceedin s (a copy of which is on file in the Office of the City Clerk. Court Reporter proceeded to swear-in staff members, Agency legal counsel and witnesses desiring to give testimony. Legal Counsel , Mark Huebsch, read a Statement of Findings for Adoption of Redevelopment Plan, a copy of which is on file in the Office of the City Clerk, stating that evidence would be introduced for consideration by the Agency/Council in connection with the findings and determinations that will be made in adoption of the ordinance adopting the Redevelopment Plan. 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 IV. CRA Minutes 7-13-83 Page 2 1 . PA#2 REPT & EIR (Continued) Redevelopment Director 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 the Ordi- nance 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 con- tents of the Report, summarizing blighting influences, and consultation with taxing agencies. He stated that there have been meetings with the Project Area Committee (PAC) , the Tribe, the Tribal Council , and taxing agencies; that the PAC has recommended approval of the Plan, and an expansion thereof, however, that is not before the Agency/Council at this time; that he did not believe there was an overall negative impact on the taxing agencies, and formulas have been worked out with some jurisdictions; and commented on report by the County Fiscal Officer. Legal Counsel stated that the material received from the Fiscal Officer for the County is not of the County Fiscal Committee, and no report has been filed by it. Mayor noted no objections, and the Report of the Agency was entered as Exhibit V. Housing & Redevelopment Specialist reviewed the final EIR, and summarized letters and comments received and responses to same. There were no objections and Mayor pro tem stated that the Final EIR, as submitted, as well as letters, comments and responses would be made part of the record as part of the Report of the Agency - Exhibit VI. He reviewed, in particular, Tribal Council comments to the E,IR, as on file. Legal Counsel referred to and summarized the Redevelopment Plan, noting that it includes provisions that there will be no eminent domain proceedings on Iridian-owned land, tax-increment financing provisions, and other technical require- ments. He noted corrections from "Cahuilla" to "Mission" Indians on Pg. 8 of said Plan. There were no objections, and the Plan was entered into the record as Exhibit VII. Following comment by Redevelopment Director, there were no objections and Mayor pro tem directed that the Rules Governing Participation by Property Owners and Extension of Reasonable Preference to tenants in the Project be entered into the record as Exhibit VIII, a copy of which is on file in the Office of the City. Redevelopment Director reviewed written comments on the Plan and/or EIR, from the Board of Supervisors (Re: its Res. 83-165) ; the Tribal Council regarding its Res. 5183, endorsing the Plan subject to no eminent domain proceedings on Indian-owned lands, no purchase of leasehold interests without the written consent of the Indian-Allottee lessor, and other conditions with understanding that the Tribal Council might add or retract those as the project proceeds ; other written materials: PAC Chairman letter; DWA letter; COD letter; County Counsel letter (this date) ; and County Controller letter (this date). With regard to the latter two letters, there was no opportunity to review, therefore, no comment was made on those, but he would not favor any continuance for that purpose. He stated that he has been working with ' the County for several months, a19 ,� CRA Minutes 7-13-83 Page 3 1 . PA#2 REPT & EIR (Continued) and it has had documentation since April , 1983, and he believed the work with the County in reaching an agreement has been in good faith, and a continuance could jeopardize the oppor- tunity to remain within the current tax year. He also commented on letter from Ray Davis, a non-resident of the project area, suggesting delay of the project for three years. There were no objections, and written comments were entered into the record as Exhibit IX, copies of which are on file. Mayor called for testimony by those wishing to speak in favor. Dean Pickell , 495 N. Calle E1 Segundo, member of the PAC, urged that the Council proceed with the plan. Howard Stevens, County Auditor-Controller, Chairman of the Fiscal Review Committee, said that he submitted two reports - one as Fiscal Review Committee, attached to which is only response from agency which responded through the committee; and the second on behalf of the County, noting that services provided by the County are people-oriented and rely heavily on tax supported funds. He stated that on behalf of the County, he appreciated the help from the City staff and consultant, and, in general] , the County supports this project and he believed an agreement will be reached that will mutually benefit the County and the Agency. Housing & Redevelopment Specialist reported receipt of City ' Planning Commission Res. 3542, relative to reiteration of its support of the project and recommendation to certify the EIR, adopted this date, and to be entered into the record along with other items in Exhibit IX. John Adams, Tribal Council Planning Consultant, stated that most of the vacant and developed property in the project area is Indian-owned land; that staff and the PAC have been helpful in working with the Tribal Council and Tribal Members; and reiterated the Tribal Council concerns as expressed in its written comments. Mayor pro tem expressed similar appreciation for Tribal Council support and assistance, and expressed reassurance that the City intended to abide by all conditions attached. Mr. Adams noted that final participation in the project rests with individual Indian Allottees. Harry Bird, 3155 E. Ramon, after being sworn-in, spoke in favor of the project, based on the economic future of the City. Mayor pro tem called for testimony by those wishing to speak in opposition. John Preckwinkle, 3150 Sonora, presented written letter, on behalf of his wife, Winifred Preckwinkle, owner of property in the project area, indicating opposition to inclusion of her property in the project area. CRA Minutes 7-13-83 Page 4 1 . PA#2 REPT & EIR (Continued) Mayor inquired if anyone else wished to be heard to make any other statements or present testimony concerning the Redevelop- ment Plan; there were no further appearances. It was moved by Ortner, seconded by Foster, and unanimously carried, Maryanov and Bogert absent, that the hearing be closed. City Clerk/Assistant Secretary read title of Resolution 145, approving, adopting and ratifying the report to the Council on the proposed Plan and submitting it, the proposed plan and final EIR to the Council ; after which, it was moved by Ortner, seconded by Foster, and unanimously carried, Maryanov and Bogert absent, that Resolution 145 be adopted,. City Clerk/Assistant Secretary read title of Resolution 146, certifying the completion of the final EIR for the project; after which, it was moved by Foster, seconded by Ortner, and unanimously carried, Maryanov and Bogert absent, that Resolution 146 be adopted. City Clerk/Assistant Secretary read title of Resolution 147, finding that the use of taxes allocated from the project for the purpose of improving and increasing the community's supply of low and moderate income housing outside the project area will be of benefit to the project; after which, it was moved by Ortner, seconded by Foster, and unanimously carried, Maryanov and Bogert absent, that Resolution 147 be adopted. (Note: the following actions were taken by the City Council , and are reflected in its minutes of this date;) City Clerk read title of Resolution 14658, acknowledging receipt of the proposed redevelopment plan, the report to the Council , and final EIR on the proposed , plan for said project; after which, it was moved by Foster, 'seconded by Cirtner, and unani- mously carried, Maryanov and Bogert absent, that Resolution 14658 be adopted. City Clerk read title of Resolution 14659, certifying the completion of the final EIR for said project; after which, it was moved by Foster, seconded by Ortner, and unanimously carried, Maryanov and Bogert absent, that Resolution 14659 be adopted. It was moved by Ortner, seconded by Foster, and unanimously carried, Maryanov and Bogert absent, that written and oral objections to the Redevelopment Plan be adopted. City Clerk read title of Resolution 14660, finding that the use of taxes allocated from the project for the purpose of improving and increasing the community's supply of low and moderate-income housing outside the project area will be of benefit to the project; after which, it was moved by Ortner, seconded by Foster, and unanimously carried, Maryanov and O Bogert absent, that Resolution 14660 be adopted. vl a CRA Minutes 7-13-83, Page 5 1. PA#2 RET & EIR (Continued) City Clerk read title of Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE PALM SPRINGS REDEVELOPMENT PROJECT. It was moved by Foster, seconded by Ortner, and unanimously carried, Maryanov and Bogert absent, that further reading be waived, and that the Ordinance be introduced for first reading. (Note: At conclusion of business, meeting adjourned to July 19, 1983, for second reading and adoption of the ordinance) . LEGISLATIVE ACTION: 2. OFFICE SPACE LEASE Recommendation: That the Agency approve agreement with Ned Jamin for lease by the Agency of office space at 199 South Civic Drive, Suite 8, in the amount of $1,000 per month for one year, with option to renew for additional one year. Resolution 148, approving the agreement as recommended, was presented; after which, it was moved by Foster, seconded by Ortner, and unanimously carried, Maryanov and Bogert absent, that Resolution 148 be adopted. ADJOURNMENT There being no further business, Chairman pro tern declared the meeting adjourned. JUDITH SUMICH Assistant Secretary MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY AUGUST 3, 1983 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs was called to order by Chairman Bogert, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, August 3, 1983, at 7:30 p.m. ROLL CALL: Present: Members Doyle, Foster, Maryanov, Ortner and Chairman Bogert None LEGISLATIVE ACTION: 1. CITY HALL LEASE - CANCELLATION Recommendation: That the Agency cancel its lease of space in City Hall, effective immediately. Executive Director noted that the Agency staff temporarily will be located in larger offices at 161 S. Civic Drive, Suite 8, (leased from Jamin) . Resolution 149, cancelling the lease as recommended, was presented: after which, it was moved by Doyle, seconded by Foster, and unanimously carried, that Resolution 149 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. JUDITH SUMICH i` Assistant Secretary MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY AUGUST 17, 1983 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 17, 1983, at 7:30 p.m. ROLL CALL: Present: Members Doyle, Foster, Maryanov, Smith and Chairman Bogert Absent: None (Note: Richard J. Smith was appointed to the City Council , this date, to fill unexpired term of Vyola Ortner. Because of his newness to the Agency, Mr. Smith abstained from discussion and voting. APPROVAL OF MINUTES: It was moved by Doyle, seconded by Foster, and unanimously carried, Smith abstaining, that the minutes of June 1 , 15, 28, July 6, 13 and August 3, 1983 be approved. LEGISLATIVE ACTION: I . DESERT FASHION PLAZA (BOND UNDERWRITING SERVICES & DeBARTOLO DDA) Recommendation: That the Agency authorize development of a Disposition of Development Agreement with Edward J. DeBartolo Corporation and Desert Plaza Partnership; and enter into' pA#166 agreement with Birr, Wilson & Co. for bond underwriting services in conjunction with Desert Fashion Plaza expansion project. Executive Director stated that points of an agreement with the developer would merit a closed session, and recommended that the Agency adjourn to a closed session following other business. At the conclusion of business, Chairman declared the meeting adjourned to a closed session, and upon reconvening, business resumed as follows. DeBartolo Representatives in attendance: Dr. Howard Beale, Rick Sokoloff, and Marshall Krupp. Also, CRA Economic Development Consultant Wayne Wedin. Mr. Wedin gave a detailed overview, most of which had been reviewed with the Agency at the last study session, noting that an attempt was made to provide a negotiating posture similar to that which was suggested at that study session. He reviewed various scenarios relating to the revenue needs, including land, relocation, and related expenses, and noted that such needs range from $3 million - 6.5 million, and the substantial span relates to the nature of the items included and the inability to be totally specific; and corresponding revenue sources. Revenue sources identified included guaranteed and non-guaranteed positions of the developer - non-guaranteed relating to those sources over which the developer has no control ; that the relationship of revenue sources to needs leaves a major category known as "community enhancements" which relate to parking and the preservation of the green space adjacent to the Desert Museum uncovered, and as a result of the negotiations with the developer, the developer suggests that it would be an appropriate item for developer expense - about $5.5 million ; and that indication has been made that CRA Minutes 8-17-83 Page 2 1 . DESERT FASHION PLAZA (BOND UNDERWRITING & DEBARTOLO DDA) to the extent the developer is interested in using tax exempt financing, with repayment an obligation of the developer, recommendation would be made to look favorably on that type of participation and making that available to them; such financing would not be an obligation of the City. Regarding infrastructure needs ($700,000, to $3.1 million) there may or may not be charges incurred, and are some things over which neither the City nor developer has control ; that revenue (CONT'D) sources include tax increment from the project, from the PA#1B6 project area, and tenant improvements, but the "kicker" would be developer participation, i .e. , when exposure level for the community of $7 million - $7. 5 million is reached, a mutual participation would occur in terms of addressing expenses that go above and beyond that amount, and one of the details that would have to be precisely defined in a DDA would be exactly how it will flow, what are the exact funding mechanisms, and what are the relationships involved. He commented on the "worst" and "best" cases, as follows: a) Worst: Project is possible to stand on its own, if that means that those things philosophically addressed several weeks ago, i .e. , use of tax increment that the project itself generates and other revenue that the project generates and a number from outside the project area to reflect the benefit that this type project has in terms of strengthening the downtown core desired to be retained in this community, and fact that there are spinoff values - not possible to quantify in terms of economic benefits for the downtown as a whole, then it would appear that there is a workable deal . b) Best: The dependancy on tax increment is restricted exclusively to the project itself, and a stimulus is provided to the downtown in terms of physical improvements and the economic consequences of that and the dollars remaining from tax increment funds. He stated he believed something between the two situations would occur, and if the worst situation is looked at, it can be said that there will be a balancing between benefits received and the costs incurred, and the ability to respond that no tax or assessment will be made against taxpayers living outside of the project itself; that assumptions are good that there can be a preservation of the green space and a creation of a sculptural entity that creates a thriving and strong case in conjunction with the regional center itself and the Desert Museum; and the ability to do those things which have been talked about, without addressing such things as additional room tax; and parking and circulation will be improved. Executive Director stated that following the Agency action, a written statement would be prepared outlining the concept that both parties could agree upon, as the basis on which the formal agreement would be prepared. CRA Minutes 8-17-83 Page 3 1 . DESERT FASHION PLAZA (Continued) Dr. Beale stated that he believed a deal has been crafted which makes sense for both parties ; that he looks forward to documentation that details these points; that negotiations today were to try to create a vehicle which is fair and expeditious, because negotiations with Saks and other potential tenants suggest that if this cannot be moved quickly, the chance will be lost; that he would like to respect an early 1984 start date, with an opening in Fall 1985 or early Winter 1985; that he was hopeful that there would not be a heavy dependence on Category "C;" and that as Category "A" , guaranteed floor from Fashion Plaza increases, that money would be available for use; that he did not know how to precisely estimate Category "B" and felt that $115,000 is a fair estimate, and as it increases, it would also be pledged; and that Category "C" is the undefined X quantity, which is whatever is needed in this case to make sure that these dollar volumes are raised in the proper ratios. CONT'D City Manager stated that he became pessimistic when he became PA#lB6 aware that some of the deal points which had previously been acknowledged and appeared likely to be accepted, although there had been nothing in writing, were being asked to be reconsidered by the City; however, after the last negotiations, he has a better appreciation of the situation, and the real time constraints of the developer. He stated that the DDA probably will be much simpler; that he believed the developer has been extremely fair; and that both parties want to conclude ' a deal . In answer to question by Agency, Mr. Wedin stated that Category "C" would come into play in the $7 million - $8 million range, and specifics would be set forth in the DDA. Member Maryanov stated that he sees a Category "E" to address the shortfall between the $615,000 available and $5. 5 million needed for the community enhancements, recognizing that the Agency might look for other sources than what is being generated here; that he recognizes what the project will mean to Palm Springs, and made a public plea that as talks continue, consideration be given to providing parking for the McCallum Building and, although that possibility seems blocked now, he was hopeful innovative thinking would produce a solution ; that he desires to work with the developer to make the project possible; and that the Agency and developer are in-tune with each other as to understanding of an agreement. Member Smith stated that he has followed the project carefully, and is familiar with the issues and the dollars discussed and will vote on the matter. In response to question by Agency, Mr. Wedin stated that legal counsel i,s prepared to react, and the developer has retained a West coast firm to review the documents. City Manager stated that the DDA draft must be available for public review two weeks prior to action by the Agency; and the first October meeting is being targeted. 01 CRA Minutes 8-17-83 Page 4 1 , DESERT FASHION PLAZA (Continued) Dr. Beale stated that he believed there is mutual understanding as to the basis of the agreement; and stated that regarding the request for the McCallum Building, it fold in with the $5. 5 million parking "page" and noted that the tax exempt financingis absolutely essential to the garage; that it folds in nicely with what has been said about the importance of parking downtown ; that parking is either the "Achilles Heel " CONT' D or the winner of the project; that there is no question as PA#lB6 to being in competition with the Hahn Center and down-valley business, and to the extent parking is difficult or traffic patterns are onerous, there will be a loss of people to the site; that the request will be considered and response relayed via Mr. Wedin ; that he is hopeful the Agency will grant the tax exempt financing, and that it must be certain that the number of parking spaces on-site are satisfactory to preclude losing shoppers because of that; and that he believed the underground, sheltered and secured parking area will lure people to the Center. As a result of questions raised at the last study session, it was moved by Foster, seconded by Maryanov, and unanimously carried, Doyle abstaining, that consideration of the Birr Wilson agreement be continued, pending clarification of the fee structure and the nature of the bond issue. It was moved by Foster, seconded by Maryanov; and unanimously carried, Doyle abstaining, that staff be instructed to proceed expeditously to have legal counsel draft DDA to come back to the Agency to meet the time schedules reflected by the City Manager, to permit public notice for October 5, 1983 meeting, and include deal points brought up for discussion in the public record. 2. ECONOMIC DEVELOPMENT CONSULTANT - WEDIN Recommendation: That the Agency authorize increasing the contract amount to an amount not to exceed $21 ,000; no change in scope of services. PA1B6 DES FASH Resolution 150, authorizing expanded contract amount, was PLAZA presented ; after which, it was moved by Foster, seconded by Maryanov, and unanimously carried, Doyle and Smith abstaining, that Resolution 150 be adopted. 3. PA#3 & PA#4 S.PALM CANYON & RAMON/BOGIE Recommendation: That the Agency refer proposed Redevelopment Plans for the South Palm Canyon and Ramon/Bogie Redevelopment REDEV & Areas to the Planning Commission. Report by Redevelopment EIR Director. Resolutions 151 and 152, approving actions as recommended, were presented ; after which, it was moved by Doyle, seconded by Maryanov, and unanimously carried, Foster and Smith abstaining, that Resolutions 151 and 152 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. 9\—ju-�0ITIH SUMICH Assistant Secretary MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY SEPTEMBER 7, 1983 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 7, 1983, at 7:30 p.m. ROLL CALL: Present: Members Doyle, Foster, Smith & Chairman Bogert Absent: Member Maryanov LEGISLATIVE ACTION: 1 . DESERT FASHION PLAZA (BOND UNDERWRITING & COUNSEL) Recommendation: That the Agency approve agreement with Birr, Wilson & Co. for financial advisory services ; and with Jones, Hall , Hill and White for bond counsel , both in conjunction pA#1B6 with tax exempt financing in connection with the Desert Fashion Plaza (DeBartolo). Redevelopment Director noted that his report had been reviewed in detail at the last study session. Agreement with Birr, Wilson would be in the amount of $50,000 and type of services would depend on whether tax allocation or other type bonds are used ; and that agreement with Jones, et al , is based on a fixed % of bond issue. He stated that if there is no bond issue, neither company will be remunerated. Resolution 153, approving the agreements, as recommended; ' was presented; after which, it was moved by Foster, seconded by Smith and unanimously carried, that Resolution 153 be adopted. 2. PA#2 - TAHQUITZ/ANDREAS TAX INCREMENT PASS-THROUGH AGREEMENTS Recommendation: That the Agency approve agreements with the County, the County Flood Control District, and the Mosquito Abatement District, specifying conditions under which the CRA will share its future property tax revenues received TAXES from the project area. Redevelopment Director reported that the Board of Supervisors has approved the agreement, but added the City of Palm Springs. He recommended that the agreement be approved, but striking the City therefrom, which will mean that the agreement will have to go back to the Board for the same deletion, which should not pose a problem, since it has no bearing on the agreement between the Agency and the County. He stated that formal agreement has been received for the Mosquito Abatement District agreement; that Agency legal counsel has reviewed the agreements, and recommends approval , with the exception of the agreement with the Flood Contol District, which needs to be revised. He stated that pass-through will not significantly effect funding a convention center, if that were desired by the Agency in the future. Resolutions 154 and 155, approving Agreement with the County of Riverside, subject to deletion of the City of Palm Springs, and Agreement with the Coachella Valley Mosquito Abatement District, were presented; after which, it was moved by Foster, seconded by Smith, and unanimously carried, that Resolutions 154 and 155 be adopted; and that consideration of agreement with the Flood Control District be tabled. C)'13ukJ CRA Minutes 9-7-83 Page 2 ADJOURNMENT There being no further business, Chairman declared the meeting adjourned to Tuesday, September 13, 1983, at 11 a.m. , in the Large Conference Room, City Hall .5� JUDITH SUMICH Assistant Secretary JOINT MINUTES OF (� i CITY OF PALM SPRINGS CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY SEPTEMBER 13, 1983 Pursuant to Adjournment by both the City Council and the Community Redevelopment Agency, an Adjourned Regular Meeting of said bodies was called to order by Mayor/Chairman Bogert, in the Large Conference Room, City Hall , 3200 Tahquitz-McCallum Way, on Tuesday, September 13, 1983, at 11 a.m. , at which time said meeting was adjourned to a closed session (legal ) ; and upon reconvening, the Mayor declared the meeting further adjourned to 3 p.m. , said date, in same place; and upon convening at that time, there being no further business, the Mayor/Chairman declared the meeting adjourned. JUDITH SUMICH City Clerk and Asst. Secretary ('1 0, U ; MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY SEPTEMBER 21 , 1983 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, California, was called to order :by Chairman Bogert, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, September 21 , 1983, at 7:30 p.m. ROLL CALL: Present: Members Doyle, Foster, Maryanov, Smith & Chairman Bogert Absent: None (Note: Due to the resignation of Vyola Ortner, and the appointment of Mr. Smith, a redrawing was held to determine order of members to vote on matters affecting the Tahquitz-Andreas Project, i .e. , Maryanov, Smith, Foster & Doyle (No conflict: Bogert.). LEGISLATIVE ACTION: 1 . PA#2TAXES - TAX INCREMENT PASS-THROUGH Recommendation: That the Agency approve agreement with the Riverside County Flood Control & Water Conservation District, re pass through of tax increment funds received by the Agency relative to the Tahquitz-Andreas Project. Highlights of the agreement were reviewed by the Redevelopment Director, noting that the City of Palm Springs is shown as a party to the agreement; that the Agency' s legal counsel has reviewed the agreement and recommends approval ; and upon approval by the Agency, it will be submitted to the Flood Control District Board in one week. Resolution 156 approving the agreement as recommended, was presented; after which, it was moved by Smith, seconded by Maryanov, and unanimously carried, Doyle & Foster abstaining, that Resolution 156 be adopted. 2. PA#2TAXES - TAX INCREMENT PASS-THROUGH Recommendation: That the Agency reapprove the agreement with the County of Riverside for tax increment pass-through, to include the City of Palm Springs as a party to the agreement. It was moved by Smith, seconded by Maryanov, and unanimously carried, Doyle & Foster abstaining, that the agreement with the County be reapproved, to include the City of Palm Springs, as a party to the agreement. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. L/ JUDITH SUMICH Assistant Secretary MINUTES OF CITY OF PALM SPRINGS COMMUNIT'Y •REDEVELOPMENT AGENCY OCTOBER 5, 1983 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, at 7:30 p.m. , on October 5, 1983. ROLL CALL: Present: None Absent: Members Doyle, Foster, Maryanov, Smith and Chairman Bogert Due to lack of a quorum, the meeting was adjourned to Thursday, October 6,, 1983, at 7:30 p.m. , in said Council Chamber. JUDITH S U M I C H Assistant Secretary 4, MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY OCTOBER 6, 1983 An Adjourned Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, was called to order by the Chairman in the Council Chamber, 3200 Tahquitz-McCallum Way, at 7:30 p.m. , on October 6, 1983. ROLL CALL: Present: Members Doyle, Foster, Maryanov, Smith and Chairman Bogert Absent: None LEGISLATIVE ACTION: 1 . TAX ALLOCATION BOND ISSUE - VERIFICATION STUDY Recommendation: That the Agency authorize ]letter agreement with Appraisal Research Company, to prepare a tax increment verification study required for a Central Business District (CBD) tax allocation bond issue; and amend the budget to appro- priate necessary funds, therefor, in amount of $8,000. Report reviewed by Redevelopment Director Resolutions 157 and 158 were presented; after which, it was moved by Maryanov, seconded by Foster, and unanimously carried, Doyle abstaining, that Resolutions 157 and 158 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. to Thursday, October 13, 1983. �JUDITH SUMICH Assistant Secretary MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY OCTOBER 12, 1983 A Special Meeting of the Community Redevelopment Agency of the City of Palm Springs, was called to order by Ghairman Bogert, in the Office of the Mayor of the City of Palm Springs, 3200 Tahquitz-McCallum Way, at 11 a.m. , on October 12,1983. ROLL CALL: Present: Members Doyle, Foster, Maryanov, Smith and Chairman Bogert Absent: None CLOSED SESSION (LEGAL) Chairman stated that the purpose of the meeting to adjourn to a closed session, legal , re the Desert Fashion Plaza; at which time, the meeting was adjourned to a closed session. ADJOURNMENT Upon reconvening at 12:31 p.m. , Chairman declared the meeting adjourned. ii UDIT H MIN SU CH ��Assistant Secretary MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY OCTOBER 13, 1983 A Special Meeting of the Community Redevelopment Agency of the City of Palm Springs, was called to order in the Office of the Mayor of the City of Palm Springs, 3200 Tahquitz-McCallum Way, at 6:30 p.m. , on October 13, 1983. ROLL CALL: Present: Members Doyle, Foster, Maryanov, Smith and Chairman Bogert Absent: None CLOSED SESSION (LEGAL) Chairman stated that the purpose of the meeting was to adjourn to a closed session, legal , re the Desert Fashion Plaza; at which time, the meeting was adjourned to a closed session. ADJOURNMENT Upon reconvening, Chairman declared the meeting adjourned. JUDITII SUMICH Assistant Secretary MINUTES OF CITY OF PALM SPRINGS CITY,-'COUNCIL AND ��U COMMUNITY REDEVELOPMENT AGENCY OCTOBER 13, 1983 An Adjourned Regular Meeting of the City Council and the Community Redevelopment Agency of the City of Palm Springs, was called to order by Mayor/Chairman Bogert, in the Council Chamber, 3200 Tahquitz- McCallum Way, on Thursday, October 13, 1983. ROLL CALL: Present: Council/Agency Members Doyle, Foster, Maryanov, Smith and Mayor/Chairman Bogert None The meeting was opened with the salute to the Flag and a moment of silence. JOINT PUBLIC HEARING: 1 . PARTICIPATION AGREEMENT WITH NORTH PLAZA ASSOCIATES AND SOUTH PLAZA ASSOCIATES Council/Agency Member Doyle stated that he would abstain from discussion and voting, and would remain seated as an interested citizen. Agency Legal Counsel , Coomes, stated that this was a noticed hearing to consider proposed participation agreement, as above noted; that the agreement and report were on file for the legally published period; that the recommendation of staff is to continue the public hearing to October 20, 1983, for the purpose of considering the agreement as complete and allowing the public and others an opportunity to review the final additions to the agreement; and that anyone in attendance at this time, who is unable to attend the hearing on October 20, be given an opportunity to be heard. He stated that the agreement, as noticed lacked three exhibits, which will be completed and available for review in the Office of the City Clerk on the afternoon following this date; that technical clarifications will continue to be made up to the time of action; and that there is nothing in the agreement that changes basic business terms as setforth in the Agency's economic report which was on file when the notice was first published. Redevelopment Director stated that the concept of expanding the fashion plaza has been the subject of consideration for the past four years ; that developers and owners have been active in trying to make the concept happen, and the owners acquired the P.S. Hotel property as a step toward that goal ; that efforts have been made for some time, and dollars spent in working with architects and developers, to develop a scheme for redevelopment and expansion; that contact was made with DeBartolo, a company who had an interest in entering Palm Springs market and an interest in high-quality development in the Central Business District; that staff has been working to refine the agreement to bring about the project; that ' the hotel is a major anchor and will bring high-quality tourists into the downtown area; that the project provides a site for Saks or another high-quality department store, plus additional square footage for high-quality shops, under- ground and surface level parking decks, rehabilitation of the central and periphery of the existing shopping center to create a better appearance and mix with the area, and a sculpture court and improvements along the Tahquitz side of the existing center; that the Agency would acquire property to be transferred to the developer and pay for alignment of Belardo Road and other obligations primarily related to off-site improvements as a result of mitigation measures in the EIR, and the vacation of Andreas Road ; and that the project is seen as a forerunner to revitalization of the CBD. Council/CRA Minutes 10-13-83 Page 2 1 . FASHION PLAZA (Continued) Dr. Howard Biel , representing the developer, stated that there has been close cooperation between city staff and the development team; and he believed the project to be an exciting one, thought-through, and one which will fit into the community and stand the test of time. Mayor declared the hearing open. Jeremy Crocker, stated that his experience showed the maps and legal description sections of the agreement were not available as late as October 3, which was five days after the first notice; that the agreement provides that a developer will be given land free in exchange for paying for the parking; that other new hotel developments have had to pay for both land rights and parking; that the agreement appears to offer an unnecessary inducement to the developer at taxpayer expense; that taxes paid on the development would be used to repay Agency bonds and not be available for many years to provide customary services of government; and that, if successful , the redevelopment process would forcibly deprive one group of private landowners by furnishing their land to another group of private persons. There were no further appearances. It was moved by Foster, seconded by Maryanov, and unanimously carried, Doyle abstaining, that the hearing be continued to October 20, 1983. Resolution 159, authorizing acqusition of property and authorizing Agency officers to execute documents as appropriate, was presented; after which, it was moved by Smith, seconded by Maryanov, and unanimously carried, Doyle abstaining, that Resolution 159 be adopted'. 2. NOTICE OF RESOLUTION OF NECESSITY TO ACQUIRE PROPERTY (AGENCY ACTION) Recommendation: That the Agency adopt a motion declaring intent to adopt Resolution of Necessity to acquire real property, and give notice of said intent; and the opportunity to be heard on November 2, 1983. Report reviewed by Redevelop- ment Director. It was moved by Smith, seconded by Foster, and unanimously carried, Doyle abstaining, that the Agency declares intent to adopt Resolution of Necessity, and gives notice as recom- mended above. ADJOURNMENT: There being no further business, the Chairman declared the Agency adjourned. City Council remained in session. L,z. -Q r�t JUDITH SUMICH Asst. Secretary MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY OCTOBER 19, 1983 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 19, 1983, at 7:30 p.m. ROLL CALL: Present: Member Doyle, 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 October 5, 6, and 12, 1983 be approved. 1 . PA#3 & 4 - REDEVELOPMENT PLANS & EIR. Recommendation: That the Agency adopt Reports to the Council ; submitting same, proposed redevelopment plans, and final EIRS to the Council ; and requesting joint public hearings thereon for November 23, 1983. Redevelopment Director reviewed his reports, and noted minor changes to the So. Palm Canyon Report, as follows: a) Page 5, delete next to last sentence, second paragraph and add "However, City funds for improvements, demoli- tion, and acquisition of rights-of-way costs are not ' available, and Agency assistance is necessary to finance a portion of the street improvements. " b) Page 7, delete entire paragraph, entitled "New Investment". Resolutions 160 and 161 , approving actions as recommended, were presented; after which, it was moved by Foster, seconded by Smith, and moved by Doyle, seconded by Maryanov, respectively, and unanimously carried that Resolutions 160 and 161 be adopted; Foster abstaining on Resolution 161 . 2. PA#3 & 4 - RULES FOR OWNER-PARTICIPATION Recommendation: That the Agency adopt Rules for Owner Participation for each redevelopment project noted. Report highlighted by Redevelopment Director. Resolutions 162 and 163, adopting rules as recommended, were presented; after which, it was moved by Doyle, seconded by Maryanov, and unanimously carried, that Resolutions 162 and 163 be adopted; Foster abstaining on Resolution 162. CRA Minutes 10-19-83 Page 2 3. PA#lB2 (TEXACO) - DEMOLITION CONTRACT CIiNG ORD Recommendation: That the Agency approve Change Order #1 to increase IONIC Construction Co. contract for demoli- tion in Block 2 to cover removal and replacement of north driveway at former Texaco site. Report highlighted by Redevelopment Director Resolution 164, approving Change Order as recommended, was presented ; after which, it was moved by Foster, seconded by Doyle, and unanimously carried, that Resolution 164 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned.to October 20, 1983, at 7:30 p.m. , in the Council Chamber. lf� (( JUDITH SUMICH Assistant Secretary MINUTES OF -" CITY OF PALM SPRINGS CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY JOINT PUBLIC HEARING OCTOBER 20, 1983 Adjourned Regular Meetings of the City Council and of the Community Redevelopment Agency of the City of Palm Springs, were called to order by Mayor/Chairman Bogert, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Thursday, October 20, 1983, at 7:30 p.m. , pursuant to adjournments of October 19, 1983. AGENCY & COUNCIL ROLL CALL: Present: Council/Agency Members Foster, Maryanov, Smith & Mayor/Chairman Bogert Absent: Council/Agency Member Doyle The meeting was opened with the salute to the Flag and a moment of silence. JOINT PUBLIC HEARING: 1 . DESERT FASHION PLAZA EXPANSION Mayor/Chairman stated that the purpose of the joint public hearing was to consider the proposed sale of land and development and expansion of the Desert Fashion Plaza as provided for in a proposed Participation Agreement between the Redevelopment Agency and North Plaza Associates and South Plaza Associates, continued from October 13, 1983; and that the Council will consider and act upon the Participation Agreement and related documents. ' Agency Legal Counsel placed into record, the following: pAIB4 a) Affidavit of publication of notice of public hearing (124) b) Record of correspondence with property owners c) Participation Agreement, with Changed pages d) Final EIR e) Report of the Agency f) Preliminary Planned Development District Drawings, Case 5.0275 PD 147, on file in the Department of Community Development. Redevelopment Director outlined general scope of the development, including hotel , expansion and remodeling of retail , restaurant, parking, sculpture garden, landscape, demolition, site work, street, sewer, storm drain & utility improvements or relocation, and other features. He stated that vacation of Andreas Road and Belardo Road is the responsibility of the City; that to the extent there is work on the site for which the Agency is responsible, that work will be under one contract with participation in the cost by the Agency, and off-site work shall be the responsibility of the Agency or other entity charged with such responsibility, e.g. , utility relocation. At this point, Agency Legal Counsel summarized the proposed participation agreement, and technical changes thereto since notice of the public hearing. See Exhibits I and II attached hereto. Council/CRA Minutes 10-20-83 Page 2 1 . DESERT FASHION PLAZA (Continued) Financial Information Contained in Report of the Agency. Redevelopment Director stated that the report of the pro- posed sale of real property by the Agency pursuant to a participation agreement with the North Plaza Associates and South Plaza Associates has been prepared in compliance with Section 33433 of the California Health & Safety Code. He stated that the proposed agreement requires the Agency to acquire the Sales Property from the present owners, relocate the residents and businesses thereon and sell the Sales Property to the Participant; that the agreement is conditioned upon the vacation and abandonment of portions of Andreas Road and Belardo Road by the City of Palm Springs which will become part of the property to be owned and developed by the Participant; and that the agreement requires the Agency to pay for the cost of certain improve- ments in the adjacent public rights-of-way, including the relocation of Belardo Road. He stated the purchase price of the Sales Property is the obligation and under- taking by the participant of the total costs of developing, operating and maintaining short-term parking on the site, at grade, and in below and above grade structures, and the cost of developing and maintaining a sculpture garden court facing the Desert Museum; the Sales Property will be transferred to the Participant in consideration for CONT'D these undertakings which otherwise would be the responsi- PA1B4 bility of the Agency in the development of the site; such (124) facilities and their values are as follows: a) 221 underground parking spaces on the south lot, $ and b) Sculpture garden court and 60 pair-king spaces, $1 .3 million; for a total of $3,344,250; and that the consideration of the Agency, therefore, exceeds the appraised fair market value of the Sales Property. Redevelopment Director stated that the City Council has certified the Final EIR subject to mitigation measures as stated in the condition of approval of the Planned Development District (147) , which measures are attached to the proposed resolutions before the Council and Agency; and that the EIR is available for purchase by the public at the cost of reproduction. Marshall Krupp, representing the developer, commended the staff for its part in working through the issues; and that the Corporation partners have reviewed the docu- ments and are prepared to execute them if approved this date. Mayor/Chairman inquired if anyone wished to be heard. City Clerk stated that no written communications were received in favor of the project. Council/CRA Minutes 10-20-83 Page 3 1 . DESERT FASHION PLAZA (Continued) Redevelopment Director stated that a letter from Jeremy Crocker, protesting the closure of Andreas Road, was received and will be part of the record; and that two written communications were received from the Desert Museum, one previously submitted indicating the Museum's opposition to the closing of Andreas Road, and the second a statement by the Musuem Board's President indicating that the Board has not taken any formal action relative to the expansion, per se, however, following its review of the impact of the proposed expansion on the Museum, it may issue a state- ment. There were no further appearances, and Mayor/Chairman declared the hearing Closed. Agency Legal Counsel reviewed proposed Agency/Council resolutions and nature of motions re Notice of Determination under CEQA for the participation agreement. Council Actions: Resolution 14762, was presented, entitled: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS APPROVING AND AUTHORIZING EXECUTION OF A PARTICIPATION AGREEMENT BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS AND NORTH PLAZA ASSOCIATES AND SOUTH PLAZA ASSOCIATES. ' It was moved by Maryanov, seconded by Smith, and unani- mously carried, Doyle absent, that Resolution 14762 be adopted. It was moved by Smith, seconded by Maryanov, and unani- CONT'D mously carried, Doyle absent, authorizing staff to file PA1B4 notice of determination under California Environmental (124) Quality Act for the Participation Agreement. CRA Actions: Resolution 165, entitled: RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS APPROVING AND AUTHORIZING EXECUTION OF A PARTICIPATION AGREEMENT BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS AND NORTH PLAZA ASSOCIATES AND SOUTH PLAZA ASSOCIATES. after which, it was moved by Smith, seconded by Maryanov, and unanimously carried, Doyle absent, that Resolution 165 be adopted. It was moved by Smith, seconded by Maryanov, and unanimously carried, Doyle absent, authorizing the staff to file notice of determination under California Environmental Quality Act for the Participation Agreement. ADJOURNMENT There being no further business at 8:40 p.m. , Mayor/Chairman declared the meeting adjourned. 0_1 � JUDITh S MICH City Clerk CRA/Council Minutes 10-20-83 Page 4 CRA/COUNCIL MINUTES October 20, 1983 EXHIBIT I SUMMARY PROPOSED PARTICIPATION AGREEMENT I. PARTIES 1. AGENCY: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS 2. PARTICIPANT: NORTH PLAZA ASSOCIATES AND SOUTH PLAZA ASSOCIATES, each a general partnership comprised of Arthur Gilbert, David Blum and Gerson Fox, as general partners. 3. GUARANTOR: The Edward J. DeBartolo Corporation, of Youngstown, Ohio. The obligations of the guarantor are co-extensive with, and not greater than, and are subject to the same conditions and excuses of performance, as are the obligations of the Participant. The form of guaranty is attached to the Agreement as Attachment No. 7. II. SITE 1. The Site is comprised of property presently owned by the Participant, called the Participating Property, and property to be acquired by the Agency and conveyed to the Participant, called the Sales Property. The Sales Property also included those portions of Andreas and Belardo Roads to be vacated and abandoned for development of the Site. 2. The Site is to be developed by the Participant in accordance with the Scope of Development, Attachment No. 4. 3. The Agency is also responsible , for certain off-site work as set forth in the Scope of Development. III. OBLIGATIONS AND RESPONSIBILITIES OF THE PARTICIPANT 1. To submit a good faith deposit of $150,000 in the form of a demand promissory note from the Edward J. DeBartolo Corporation. Under specified conditions of default the Agency may retain the deposit as liquidated damages if (a) the Agency has filed actions in eminent domain, and (b) the event of CMA/Council Minutes October 20, 1983 Page b Exhibit I termination was not caused by a default on the part of the Agency. The deposit is returned to the Participant under all other events of default or termination and upon the transfer of title or possession to the Sales Property. 2. If necessary, prior to the time bonds are issued by the Agency, and after the Agency has first applied approximately $1 million of its funds, to advance up to $2 million to the Agency for acquisition of properties or deposits of money into court for orders of immediate possession in eminent domain actions. The advance is to be repaid by the Agency pursuant to a promissory note to the Participant, bearing interest at 12 percent, from the sale of tax allocation bonds or, if bonds cannot be sold, from unpledged and unencumbered tax increments to the Agency from the project area, and the Agency agrees not to incur any other project financing, except ' for purposes of the Participation Agreement, until the promissory note is repaid. 3. To enable the Agency to issue its tax allocation bonds to finance the undertakings of the Agency under the Agreement (property acquisition, relocation, off-site improvements) , the Participant and the guarantor agree to guarantee annual tax increments to the Agency from the sale of the Sales Property and the development of the Site (exclusive of tax increments from Saks Fifth Avenue or substitute department store, and tenant improvements on the Site) in the amount of $350,000 annually, commencing in the first full fiscal year following completion of the improvements to the Sales Property. The obligation is to make an in-lieu tax payment to the Agency if the tax increments are short of that amount. The obligation is to be secured by a first and prior liens on the Sales Property in favor of the Agency and lasts until the tax increments exceed the required amount for two successive fiscal years. The liens are to be segregated, two-thirds of the amount to the hotel parcel and one-third to the balance of the Sales Property. G i t_9 CRA/Council Minutes October 20, 1983 Page 6 Exhibit I 4. In addition, the Participant agrees to contribute to excess costs of the Agency in the amount of 707. of such costs in excess of $7,100,000 to $9,600,000 and 507 of such costs in excess of $9,600,000. This is to take the form of an additional guarantee of tax increments for additional bonds of the Agency, but not to exceed $600,000 annually, including the original tax increment guarantee and also including tax increments from the Saks Fifth Avenue or substitute department store and tenant improvements on the Site. If the Agency cannot issue additional tax increment bonds, the Participant is required to advance such contributions as a loan to the Agency, with repayment by a promissory note from the Agency in the same manner and subject to the same conditions as the Agency's promissory note for the original $2 million advance for property acquisition. This guarantee is also to be secured by the first and prior liens on the Sales Property. 5. The Participant is restricted in its ability to assign or transfer its rights under the agreement or in the Site until issuance by the Agency of a Certificate of Completion for all the improvements to the Site. Exceptions are: (a) to assignees if the Participant and the guarantor remain full liable; (b) to ventures with the Edward J. DeBartolo Corporation; (c) for purposes of financing; (d) to ground lease the hotel parcel and air rights lease the Saks parcel, which will then be treated as separate development parcels under the Agreement. 6. To submit evidence of financing. 7. To submit final planned district development plans to the City and plans for the Agency work to the Agency, for approval. 8. To take title or possession of the Sales Property when tendered by the Agency, and to pay its allocated share of closing costs and premiums for title insurance. ' 9. To commence and complete the development of the Site, subject to rights �fl 4 d h CRA/Council Minutes October 20, 1983 Page 7 Exhibit I of the Agency to repurchase or re-enter and revest title in the Agency to the Sales Property if the improvements are not completed. 10. To use the Site in accordance with the Redevelopment Plan and subject to the following covenants of use: (a) restricting the hotel parcel to hotel use for 20 years unless after the first 5 years it is demonstrated to the reasonable satisfaction of the Agency that hotel use is no longer economically feasible, in which case the parcel is restricted to residential use for the remainder of the 20 year period, unless expressly waived by the Agency; (b) restricting the shopping center portion of the Sales Property to shopping center use for 20 years unless expressly waived by the Agency; (c) non-discrimination. However, if the Agency is unable to issue its tax allocation bonds, and ' the Participant elects, in lieu of its right to terminate the Agreement, to fund all of the Agency's costs as an advance and loan to the Agency, the specific hotel and shopping center use restrictions are waived, and the Participant is also excused from its obligation to construct a visitor information kiosk on North Palm Canyon Drive. 11. The Participant 's performance under the Agreement is generally conditioned upon: (a) issuance by the Agency of tax allocation bonds to repay advances and fund Agency costs, subject to the guarantee of tax increments by the Participant as required under the Agreement; (b) the availability of tax-exempt financing, at the Participant's cost of issuance and amortization, for the parking improvements and the sculpture garden court; ' (c) action by the City to vacate and abandon portions of Andreas and Belardo Roads; (d) approval by the City of final planned development district drawings and related documents; CRA/Council Minutes October 20, 1983 Page 8 Exhibit I (e) The adoption by the Agency of a resolution of necessity to acquire properties by eminent domain, if necessary; (f) obtaining of financing; (g) obtaining a commitment for a Saks Fifth Avenue or similar high quality department store. IV. OBLIGATIONS AND RESPONSIBILITIES OF THE AGENCY (1) To use its best efforts to issue tax allocation bonds, subject to the guarantee by the Participant of tax increments as required under the Agreement. (2) To use its best efforts to make available to the Participant tax exempt financing, at the Participant 's costs of issuance and amortization, for the parking improvements and the sculpture garden court. (3) To acquire the Sales Property and, if it elects to do so, proceed with eminent domain, subject to the receipt of advances from the Participant and guarantees of tax increments, as required under the Agreement. (4) To tender title or conveyance to the Sales Property by the time required in the Agreement. (5) To pay for the cost of certain off-site improvements as set forth in the Scope of Development (Attachment No. 4) . V. EVENTS OF TERMINATION (DEFAULTS AND FAILURES OF CONDITION) 1. Agency does not adopt a Resolution of Necessity by November 2, 1983. 2. City does not act to vacate portions of Andreas and Belardo Roads by November 2, 1983, with the actual vacation to occur at, or shortly after, escrow. 1 3. City does not approve final planned development district plans. 4. The Agency is unable to issue its tax allocation bonds. 5. The Agency is unable to provide tax-exempt financing to the Participant for the parking and sculpture garden court. 6. The Participant assigns in violation of the Agreement. r . CRA/Council Minutes October 20, 1983 Page 9 Exhibit I 7. The Participant fails to make a required advance of funds to the Agency. 8. The Participant fails to guarantee tax increments or share in Agency excess costs as required by the Agreement. 9. The Participant fails to submit plans to the City or Agency. 10. The Participant is unable to obtain financing or fails to submit evidence of financing. 11. The Participant is unable to obtain a high quality department store commitment. 12. The Participant is unable to obtain a hotel commitment. 13. The Agency is unable to acquire title or possession to convey the Sales Property to the Participant in the time required by the Agreement. 14. The Participant does not accept title or possession to the Sales ' Property when tendered by the Agency. If there is a termination for a default by the Participant or inability of the Participant to obtain financing, the high quality department store commitment, or the hotel commitment, the Agency may retain the $150,000 as liquidated damages by making demand on the DeBartolo Corporation note, provided (1) the Agency has filed eminent domain actions, and (2) the default or failure by one Participant was not caused by a default on the part of the Agency. The Participant may, at its election, delay the Agency's filing of eminent domain actions for up to 60 days provided the date for close of escrow is also extended for the same period of time. CRA/Council Minutes 10-20-83 Page 10 CRA/COUNCIL MINUTES October 20 1983 EXHIBIT II SUMMARY OF REVISED PAGES The record contains some last minute revisions which correct, clarify and make technical modifications, but do not change the substance, business terms or structure. I will briefly describe what these are: 1. Maps and legal descriptions have been clarified. 2. The obligations of the participant and guarantor with respect to the tax increment guarantee - the in lieu tax payments - secured by liens on the property, have been clarified. They are personal recourse obligations until the earlier of (i) the obligations are extinguished by the tax incre- ments achieving the stated level for two successive fiscal years, or (ii) 3 full fiscal years after completion of development. 3. The form of guaranty, and the content of the guaranty, has been revised to reflect in clearer terms that the obligations of the guarantor are co-extensive with, but no greater than, the obligations of the participant. 4. Exercise of Agency rights of repurchase or reverter for a failure to complete construction have been clarified: the Agency's rights will be subject to the rights of any space tenants to which the Agency has expressly granted non-disturbance, in addition to the other rights of lenders, REA parties, and Saks and the hotel, previously contained. 5. Other technical corrections have been made. I have a few concluding remarks about the nature of, and necessity for, this type of agreement involving significant cooperation and inter-dependence between the public and private sectors. Almost without exception, new and expanded retaiLing in California's downtowns in the last two decades has been the result of active participation by cities and their redevelopment agencies through the redevelopment process. This precess has resulted in completed or proposed: major new full regional CRA/Council Minutes October 20, 1983 Page 11 Exhibit II downtown shopping centers in such cities as Santa Rosa, Sacramento, Santa Monica, Sunnyvale, Pasadena, Glendale and Hawthorne; major mixed-use projects involving significant new retailing in such cities as San Jose, San Francisco, San Diego, Los Angeles, Sacramento; new single department free standing department stores in such smaller cities as Napa, Santa Barbara and Walnut Creek. The reason for this necessary public private partnership is that, without redevelopment, and in a strictly private market situation, new downtown retailing cannot be economically justified and existing retailing faces the prospect of continuing decline from suburban shopping centers on cheap land and with ample, inexpensive parking. A degree of public assistance in a major degree is called for because of downtown and property ownership characteristics. ' . Sites in downtowns for substantially new retailing cannot be assembled without the public use of eminent domain. . Sites, even if they could be privately assembled, are too costly for retailing use. . Parking for retailing is costly - it must be structured - and generally non-revenue producing. . Streets, public rights of way must be realigned in many instances, and parcels and blocks consolidated. . Tenants cannot pay the high rents which would be required if all of these costs had to be borne solely by the private sector. So, in providing this form of public assistance, cities and their redevelopment agencies are not providing subsidies to private developers; ' they are creating in their downtowns, competitive economic opportunities that would not otherwise be possible. Even with public assistance - and it is in some cities equal to or in excess of the private investment - a downtown retailing project for a private developer is more costly, consumes greater time, involves more uncertainties, and has more risk than a suburban retailing development opportunity. CRA/Council Minutes October 20, 1983 Page 12 Exhibit II Admittedly, also, there are costs, uncertainties and risks on the part of the Agency. But, it is important to note that the Agency operates financially independent of the City. The Agency does not, and cannot, create a general obligation on the part of the City, or a debt, or liability against the City. On the other hand, the benefits flow to the City, as they can contemplate they should: increased sales taxes, transient occupancy taxes, business license fees, employment, tourism, etc. And an important and critical long range benefit - preserving the downtown retail core as a vital part of the downtown fabric. The prestigious Urban Land Institute calls this public-private cooperation "co-development", and credits it with renewing and restoring downtowns across the country. This Participation Agreement, with the active involvement of one of the nations 's largest and most successful shopping center developers - the Edward J. DeBartolo Corporation - is in the mainstream of that co-development process. 223 MINUTES OF COMMUNITY REDEVELOPMENT AGENCY CITY OF PAIM SPRINGS NOVEMBER 2, 198.3 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, October 20, 1983, at 7:30 p.m. ' ROLL CALL: Present: Members Doyle, Foster, Maryanov, Smith & Chairman Bogert Absent: None APPROVAL OF MINUTES: It was moved by Maryanov, seconded by Foster, and unanimously carried, that the minutes of October 13 (2 meetings) be approved. PUBLIC HEARINGS: 1 . RESOLUTION OF NECESSITY TO ACQUIRE PROPERTY THROUGH EMINENT DOMAIN Recommendation: That the Agency adopt Resolution of Necessity and authorize legal counsel to request an Order of Immediate Possession for eight identified parcels in Block 4 of the COB Redevelopment Area. Agency Legal Counsel Coomes stated that the Resolution of Necessity is preliminary stage before proceeding to file eminent domain to acquire the property; that even if such ' action is filed, it is the intent of Staff to make it clear that such action does not preclude continuing negotiations with property owners to arrive at fair and mutual price for the property; that failure to reach such agreement would mean that the issue of just compensation would be determined in those proceedings and by a jury based on appraisal and PAlB4-6 expert testimony; and that the Agency will be assisting tenants LND ACQ in finding suitable relocation facilities in the area. He stated that Section 3 of the Resolution contains the findings required by the Eminent Domain law, and read same, as well as Section 1 of the resolution, noting that the property would be acquired even if the participation agreement with the developers for the Desert Fashion Plaza expansion does not go through. Mayor declared the hearing open. Ruth Blank, 1478 N. Palm Canyon, stated that there have not been negotiations in good faith; that she met with one staff member once, and not another until six months later, and was then told to get her own appraisal within 10 days ; and that she was appalled by those negotiations, and that the facts speak for themselves in that the City has failed to meet even the least criteria of the definition of negotiation. She questioned what happens in a take it or leave it offer ' if the offer is far less (less than 50%) of what the property would bring on the open market, if the property owner does not have the money for his own attorney or appraisal ; that she has not seen the public necessity for closing the park, the street, or the taking of property from long-time local property owners and turning that over to an out-of-town big developer who only wants to turn it into profit; and that the City has created an adversary where there was none. 224 CRA Minutes 11-2-83 Page 2 1 . RES. OF NECESSITY (Continued) Candy Aaron, Nate' s Delicatessen, stated that she received an offer one week ago, and it is not acceptable, and is extremely low, and if the City wants to proceed it should renegotiate the offer; that the process could take years, and that she was only approached about one month ago and was approached on this date about relocation; that she has been in business at .the same location for 33 years, spanning three generations of family ownership and customers; and she did not believe the business at its good will could be relocated. She stated that every store on Palm Canyon Drive is full during the season, and in the large "malls" on the same block, e.g. , Fashion Plaza, Vineyard and Amado Center, the stores are not always occupied. Jeremy Crocker stated that the participation agreement was not available as noticed and other major changes resulted in a different document than what was first published; and the Resolution of Necessity is only a consequence of the participation agreement, and until it has received proper notice and discussion, any condemnation proceedings would be improper. Steve Kaufer, 1276 N. Palm Canyon, stated that the City must do whatever is necessary to revitalize the downtown area and bring it up to its high standard and make it the "Star of the Desert;" and that it is important to have the project and the people who are willing to spend the dollars for it. City Clerk read in full letter from Keith Douglas, Fadem, Berger & Norton, on behalf of Earle Strebe, a copy of which is on file in the Office of the City Clerk. Agency Legal Counsel stated that he believed', precondemnation proceedings have been complied with; that appraisal summary was included in the offer; that offer was not limited to land value, but included full value of the property; that other references included extensive correspondence between the Agency and all property owners and no one has indicated any desire to participate as an owner or offer an alternate proposal to the Agency. Mrs. Blank stated that when Mr. Wedin, Agency Economic Consultant, spoke with her, he stated he would be back in touch with her in a few days, ' and she would be advised of each step of the process; that she cannot understand what the participation agreement documents mean ; and she feels she has been mistreated. There being no further appearances or testimony, Chairman declared the hearing closed. Executive Director stated that regarding the potential value of the property that the Agency may acquire, both the City and the Agency has a responsibility to the taxpayer to receive professional advice as to what the property may be worth and to make an offer consistent with that advice; that if the matter ends up in court, 'the final determination will be up to persons not related to the City; that the proposed Resolution does not preclude future negotiation, and only sets the clock running before court action might be necessary, and Staff is open to continuing negotiations and arriving at a fair value that hopefully could be agreed upon. CRA Minutes 2 21 I1-2-83 Page 3 1 . RES. OF NECESSITY (Continued) In answer to question by Agency, Legal Counsel stated that action would have to be brought within 6 months of the Resolu- tion of Necessity; that the Participation Agreement requires the assembly of the parcel so development can begin early next year; that in addition to the Resolution, it is recom- mended that the Agency adopt a motion to seek pre-judgement possession until the trial , and in the meantime, negotiations will continue; that funds may be deposited with the Court and owners of the property can draw that down. John Flint, Legal Counsel , stated that drawing on the deposit may affect the owner's rights to some claims, but not to the right for just compensation, and that he believed it would be a choice of the property owner to draw those funds for appraisals or attorney fees. Agency Member Smith stated that the process seems cold, but necessary to point out that this is the most difficult stage of the entire redevelopment process; that some of those tools must be used if there is going to be a use of redevelopment; and it is sometimes difficult if there are property owners who do not want to sell . He stated that Palm Springs is the oldest city in the Valley, and land down valley may be cheaper; that there are older parts of the downtown which need revitalizing, and the only way is through redevelopment; that the alternative is further deterioration, and even though redevelopment may be a distasteful process, it must be used; that it should be re-emphasized that property is not being taken without compensation, and if a price cannot be arrived ' at mutually, then it will be determined in court; that negotia- tions can be successful and court action not necessary; that the goal in the community is the same - to make the community economically viable - and there may be some sacrifices made. Agency Member Maryanov expressed apologies to anyone who may not have been kept apprised or not treated fairly, whether in truth or in their own perception, and suggested that the City Manager's Office take steps to take care that it does not happen; that hearings and public meetings have been held on this project at this location for months; that there has been no secret as to which property was being discussed, nor the time schedule that was being followed; that many people recognize the importance of the project, and with the exception of two people, those who have spoken with him, have indicated that the project is extremely important to Palm Springs; that he did not like the hotel on Palm Canyon, nor the closing of Andreas Road, but where it is a question of whether to turn it down altogether or take as is with modification, the answer has been the latter; that the City does not control what will be built, only rules and regulations to prevent some things being built or becoming an eyesore; that he does not like eminent domain procedures, but it is set up in a democracy to assure protection to the property owner and is the fairest procedure and works to protect the rights of the property owner; that he recognized problems with appraisals, and noted the time table issue, and fact that there was a period in which the City had to determine if there was to be any project at all before negotiations could begin ; and that efforts have been made to take all the steps necessary. CRA Minutes 11-2-83 Page 4 1 . RES. OF NECESSITY (Continued) Resolution 166, of Necessity as recommended, was presented; after which, it was moved by Maryanov, seconded by Smith, and unanimously carried, Doyle abstaining, that Resolution 166 be adopted ; and that the Agency authorize the law firm of McDonough, Holland & Allen to commence actions in eminent domain with respect to the parcels enumerated in Resolution 166, and that said firm be authorized to apply to the Court for an order of pre-judgement possession for those same parcels. Resolution 167 amending the budget to appropriate $1 ,608,592 for acquisition, was presented; after which, it was moved by Maryanov, seconded by Foster, and unanimously carried, Doyle abstaining, that Resolution 167 be adopted. LEGISLATIVE ACTION: 2. PA#lB4&6 - McCALLUM TRUST LAND ACQUISITION Recommendation: That the Agency approve acquisition agreement for a 9,660 sq. ft. parcel on the SW corner of Amado Road and North Palm Canyon Drive; and amend the budget to appro- priate necessary funds therefor. Report reviewed by Redevelop- ment Director, noting that the McCallum Foundation will meet on November 18, and recommended approval by the Agency subject PA1B4-6 to approval by the Foundation. LND ACQ Resolution 168 and 169, approving the agreement and amending the budget to provide $180,000, were presented; after which, it was moved by Foster, seconded by Maryanov, and unanimously carried, Doyle abstaining, that Resolutions 168 and 169 be adopted ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. JUDITH SUMICH Assistant Secretary 227 MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY NOVEMBER 8, 1983 An Adjourned Regular Meeting of the Community Redevelopment Agency, was called to order by Chairman Bogert, in the Large Conference Room, City Hall , 3200 Tahquitz-McCallum Way, on Tuesday, November 8, 1983, at 3 p.m. ROLL CALL: Present: Members Doyle, Foster, Maryanov, Smith and Chairman Bogert Absent: None CLOSED SESSION: Chairman declared the meeting adjourned for the purpose of a Closed Session (Legal ) , and upon reconvening, there being no further business, the meeting was adjourned. JUDITH SUMICH Assistant Secretary 2 2 is MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY' NOVEMBER 16, 1983 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, City Hall, 3200 Tahquitz-McCallum Way, on Wednesday, November 16, 1983, 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 Foster, and unanimously carried, that the minutes of October 19, 1983 be approved. TREASURER'S REPORT - Received & Ordered Filed a) 1st Quarterly Report - September, 1983 ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. c7P- JUDITH SUMICH Assistant Secretary MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY AND THE CITY COUNCIL NOVEMBER 23, 1983 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 Way, on Wednesday, November 23, 1983, at 7:30 p.m. Mayor Pro Tern stated that the joint meeting of the Agency and the City Council was for the purpose of considering and acting upon the Redevelopment Plans for the South Palm Canyon Redevelopment Project and the Ramon-Bogie Redevelopment Project, and the certification of the final Environmental Impact Reports on said plans. ROLL CALL: Present: Members Doyle, Foster, Maryanov, Smith and Bogert Absent: None (NOTE: Acting as the Redevelopment Agency, the following action was taken) LEGISLATIVE ACTION: 1. PA #3 & PA #4 - TAX INCREMENT PASS-THROUGH AGREEMENTS Recommendation: That the Agency approve agreements with DWA, Coachella Valley Mosquito Abatement District, Palm Springs Cemetary District, and the County of Riverside regarding Pass- Through of tax increment revenue for South Palm Canyon and Ramon-Bogie Redevelopment Projects; Note that DWA agreement also covers Projects Areas 5, 6, and 7. John Terell reported that agreements called for a graduated pass-through of tax increment revenues on a schedule which (12q) changes with each $5 million dollars of cumulative tax revenue and returns a 100% pass-through upon reaching $25 million; that the County approved agreement is similar with the exception that a different percentage for the pass-through formula is included, i .e. , a steeper gradation reaching 100% pass-through in excess of $20 million; that the agreement with the Desert Water Agency provides for pass-through of the bond indebtedness tax in excess of 1% of property tax rate on all redevelopment projects. In answer to question by Council , John Terell stated that the agreement with the Riverside County Flood Control District has not yet been received, but follows along the same format. Resolutions 170 through 177 were presented, approving two agreements with each agency, one for each project area; after which it was moved by Smith, seconded by Maryanov, and unanimously carried that Resolutions 170 through 177 be adopted. Acting as the City Council , Resolutions 14790 and 14791 approving City participation in agreements with the County of Riverside were presented; and it was moved by Smith, seconded by Maryanov, and unanimously carried, that Resolutions 14790 and 14791 be adopted. P ' 230 CRA & CC 11/23/83, Page 2 JOINT PUBLIC HEARINGS: 2. SOUTH PALM CANYON REDEVELOPMENT PROJECT Redevelopment Director submitted the following exhibits for the record: a) Exhibit 1: Affidavit of Publication of Legal Notice of Joint Hearing; b) Exhibit 2: Certificate of Mailing Notice to Property Owners; CONT'D and (124) 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 subject to questions, through the chair; 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 will 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, was entered into the record as Exhibit 4. Redevelopment Director 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. And stating that eight residents attended a hearing on a meeting on November 9, 1983, and eleven property owners attended a meeting on November 15, 1983, and that thirty telephone inquiries and additional meetings occurred on November 22, 1983, with property owners and tenants who were concerned. He stated that the result of the meeting of November 15, indicated concerns by that group and request that the Agency determine priority order of the assistance relative to traffic improvements. He stated that it is a commitment within the plan and the Agency/Council will be asked to approve it. He stated that the report to the Agency was entered into the record as Exhibit 5 and that Exhibits 5a and 5b relate to consultations with fiscal review committee including the agreement reached with the County of Riverside. He read County Auditor Controller letter to the Agency as a part thereof. 231 CRA & CC 11/23/83, Page 3 John Terell summarized the Environmental Impact report starting with initial actions in June, 1983 including suggested comments that the "Huddle Springs" restaurant at the intersection of Mesquite and Palm Canyon Drive is of architectural significance and, although there was no specific preservation requirement, that efforts be made to have that incorporated into a project on that site, if possible. He stated that the Tribal Council , basically, agreed with the findings of the Environmental Impact report; and the Planning Commission's recommendation is to certify the completion of the report. Legal Counsel reviewed the Redevelopment Plan indicating its parts, major goals (A through J) ; proposed redevelopment actions also numbered A through J, important features of the plan including methods for acquisition of property; relocation assistance, and replacement housing for low and moderate income housing persons and families, land uses consistent with the General 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. John Terell stated that three written comments were received. One from Ben Camargo objecting to the goals and objectives in their entirety. A letter from the American Hotel , objecting to the plan; in particular, the widening of South Palm Canyon Drive. A letter from the Tribal Council indicating its Resolution 8383, agreeing with the findings of the Planning Commission of September 28, 1983, in that the proposed plans for the areas, also Ramon-Bogie, conform to the General Plan and it endorses the major goals of the plan. Mrs. Erminia Derlengia, submitted a letter, after which Mr. Terell read it in full , a copy of which is on file in the office of the City Clerk. In answer to question by Agency/Council , Redevelopment Director stated that a large part of the letter from Mrs. Derlengia relates to potential widening of the street envisioned by the City and CalTrans for some time; that whether the street is ever widened through redevelopment projects, it is still in accordance with the General Plan, traffic studies and -actions by CalTrans; and there is a distinct possibility that it would occur in the future regardless of the Redevelopment Project, and that widening, per se, is not a redevelopment action, but the intent of the Redevelopment Plan is to provide financial assistance. Robert Broder, 220 Avenida Palmera, stated that he did not object to the Redevelopment Project, per se, but that a widening of South Palm Canyon will increase noise by bringing it closer to his hotel ; and that there should be an alternate route for truck traffic on Palm Canyon Drive. The following persons spoke in opposition: Ted McKinney, 755 E. Sunny Dunes, relative to widening of South Palm Canyon Drive, noted that other streets are more essential than the widening of Palm Canyon, i .e. , Camino Real and Belardo. Jeremy Crocker, 330 W. Arenas, stated that the Environmental Impact Report was written for five redevelopment areas and did not properly consider the project. 232 CRA & CC 11/23/83, Page 4 Barbara Moore, 654 S. Palm Canyon Dr. , stated that it will not be long before Ramon Road must be widened and questioned why the General Plan is recommended to be amended to eliminate the extensions of Mesquite and Sunny Dunes; it will be necessary to travel three miles in order to accomplish one mile. In answer to question by Council/Agency, City Manager stated that issue regarding Mesquite, this matter is before the Planning Commission at this time and a specific recommendation has not been forwarded to the Council . There was no further oral testimony. In answer to question by Council/Agency, City Manager stated that there are a number of formal proceedings required; that goals of the potential redevelopment project are very general and outline several areas that might be looked at in the future; that there will not be any money available and the project will be dormant until increment financing becomes available to do something; that all goals of the Redevelopment Project cannot be accomplished at one time; that a future Council/Agency will have to determine what needs to be done depending on the dollars available; that ten to twelve years from now, various aspects may not be deemed appropriate; that action sets in motion a process in which funds and bonding can take place in the future; that there will be other meetings in the future to decide specific proposals within the project area, and persons within the project area will be a part of that process„ He stated that bottom line is that CalTrans controls Highway 111 and the City can provide input, but that CalTrans has the Final authority. There being no further appearances or oral testimony, Mayor/Chairman declared the hearing closed. City Clerk read title of Resolutions 178, certifying the Environmental Impact Report, and 179, relative to use of tax allocations; after which, it was moved by Doyle, seconded by Smith, and unanimously carried, that Resolutions 178 and 179 be adopted. City Clerk read title of Council Resolutions 14792, acknowledging receipt of the report, and 14793, certifying the Environmental Impact Report; after which, it was moved by Foster, seconded by Smith, and unanimously carried, that " Resolutions 14792 and 14793 be adopted. It was moved by Foster, seconded by Maryanov, and unanimously carried that any and all protests be overruled. Resolution 14794, relative to use of tax allocation, was read by title by the City Clerk; after which it was moved by Foster, seconded by Maryanov, and unanimously carried, that Resolution 14794 be adopted. It was moved by Foster, seconded by Maryanov, and unanimously carried, that in order to assist in alleviating traffic congestion on South Palm Canyon Drive, the Community Redevelopment Agency recommends as tax increment revenues become available, they be used to assist, as necessary, with funding the development of a bridge over Tahquitz Creek at Belardo Road prior to assisting in the funding of the widening of South Palm Canyon Drive, except for that portion of the Highway from Sunny Dunes Road to Mesquite Avenue which may be required to effectuate the development of a hotel on the Cameron Center site, be adopted. CRA & CC 11/23/83, Page 5 City Clerk read title of Ordinance as Follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE SOUTH PALM CANYON REDEVELOPMENT PROJECT. It was moved by Doyle, seconded by Foster, and unanimously carried, that further reading be waived, and the Ordinance be introduced for first reading. Here Councilman Foster was excused from the meeting. 3. RAMON-BOGIE REDEVELOPMENT PROJECT HEARING Redevelopment Director submitted the following exhibits for the record: a) Exhibit 1: Affidavit of Publication of Legal Notice of Joint Hearing; b) Exhibit 2: Certificate of Mailing Notices and statement to each assessee in the project area; c) Exhibit 3: Certificate of Mailing Notice of Hearing to Taxing PA3 5 4 Jurisdictions as required by Section 33349 of the Health and (124) 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 subject to questions through the chair; 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. City Attorney stated that evidence will 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, was entered into the record as Exhibit 4. Redevelopment Director 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. He noted that there were no meetings with groups as none seemed to be needed for this particular project area. He stated that the report to the Agency was entered into the record as Exhibit 5 and that Exhibits 5a and 5b relate to consultations with fiscal review committee including the agreement reached with the County of Riverside. He read County Auditor Controller letter to the Agency as a part thereof. CRA & CC 11/23/83, Page 6 John Terell referred to and briefly summarized the Environmental Impact Report on the Redevelopment Plan which was prepared in accordance with State and EIR procedures, noting that the document addresses various segments and includes mitigation measures, where appropriate; and noting that three comments were received, and responses thereto indicated, and materials submitted for the record. City Attorney referred to and summarized Redevelopment Plan, noting that the plan includes tax, legal description, maps, and other proposed actions in major goals, means of financing, limits bonds to $100 million and term of the project area to thirty years. Redevelopment Director stated that the Tribal Council has submitted letter agreeing with the major goals and read letter from the County Auditor/Controller and stated that no other written comments have been received. Mayor inquired if anyone wished to be heard in favor or in opposition. Paul Johnson, 570-580 Williams Road, stated that traffic is already heavy on Ramon Road, and that the area is an asset to the community, but people are moving to areas outside the City to the East because of high "taxes"; that street improvements are needed, and that tumbleweeds blow across the airport causing debris and other materials to be placed on his property and the City should clean it; and stated that the streets in the area have never been slurried or repaired. There were no further appearances or oral testimony, at which time it was moved by Maryanov, seconded by Smith, and unanimously carried, Foster absent, that the hearing be closed. City Clerk read title of CRA Resolution 180 and 181 relative to certifying the Environmental Impact Report, and use of tax allocation; after which, it was moved by Smith, seconded by Doyle, and unanimously carried, Foster absent, that Resolutions 180 and 181 be adopted. City Clerk read title of City Council Resolution 14795, acknowledging receipt of documents, and Resolution 14796, certifying the Environmental Impact Report; after which, it was moved by Doyle, seconded by Smith, and unanimously carried, Foster absent, that Resolutions 14795 and 14796 be adopted. It was moved by Maryanov, seconded by Smith, and unanimously carried, Foster absent, that any and all protests be overruled. City Clerk read title of Resolution 14797, relative to use of tax allocations; after which, it was moved by Smith, seconded by Maryanov, and unanimously carried, Foster absent, that Resolution 14797 be adopted. City Clerk read title of the ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE SOUTH PALM CANYON REDEVELOPMENT PROJECT. It was moved by Doyle, seconded by Maryanov, and unanimously carried, Foster absent, that further reading be waived and the Ordinance be introduced for first reading,. CRA & CC 11/23/83, Page 7 ADJOURNMENT There being no further business at 9:30 p.m. , Mayor/Chairman declared the meeting adjourned to Wednesday, November 30, 1983, at 4:30 p.m. in the Large Conferences Room, City Hall . UP ITH UM Assistant Secretary r}3( ) MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY NOVEMBER 30, 1983 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 , on Wednesday, November 30, 1983, at 4:30 p.m. ROLL CALL: Present: Members Doyle, Foster, Maryanov, Smith and Mayor Bogert Absent: None LEGISLATIVE ACTION: None CLOSED SESSION. It was reported that action was taken in Closed Session on November 22, 1983, to authorize City Manager and Redevelopment Director to sign a Memorandum of Understanding clarifying certain conditions of the participation agreement between the City of Palm Springs and North and South Plaza Associates. ADJOURNMENT There being no further business at 4:45 p.m. , Chairman declared the meeting further adjourned to a closed session, and upon reconvening adjourned to Friday, December 2, 1983, at 4:30 p.m. , Largle Conference Room. NORMAN R. KING' Secretary C2T i MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY DECEMBER 2, 1983 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, December 2, 1983, at 4:30 p.m. ROLL CALL: Present: Members Doyle, Foster, Maryanov, Smith and Chairman Bogert Absent: None LEGISLATIVE ACTION: NONE Chairman declared the meeting adjourned to a Closed Session (legal) . ADJOURNMENT Upon reconvening at 5 :15 p.m. , there being no further business, Chairman declared the meeting adjourned. I�UDITH SUMICH Assistant Secretary 2 MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY DECEMBER 7, 1983 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 7, 1983, at 7:30 p.m. ROLL CALL: Present: Members Doyle., 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 November 2 and 8, 1983 be approved. LEGISLATIVE ACTION: 1 . PA#1B4&6 - RELOCATION ASSISTANCE Recommendation: That the Agency approve agreements with Tom Stoever (legal ) ; Glenn Desmond (appraisal/good will ) ; Joe Gal Iagher (appraisal/property evaluation) ; Mec'ky-Meyers Associ- ates (relocation) ; and George Fisher (data gathering) ; in connection with the Desert Fashion Plaza expansion project„ Resolution 184, approving agreements, as recommended, was presented; after which, it was moved by Maryanov, seconded by Foster, and unanimously carried, Doyle abstaining, that Resolution 184 be adopted. 2. PA#1 - TAX ALLOCATION BONDS, 1984 Series A Resolution 181-A was presented, entitled: RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $8,250,000 PRINCIPAL AMOUNT OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT TAX ALLOCATION BONDS, 1984 SERIES A. It was moved by Maryanov, seconded by Foster, and unanimously carried, Doyle abstaining, that Resolution 181-A be adopted. Resolution 182, was presented, entitled: RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINNGS, CALIFORNIA, AUTHORIZING AND DIRECTING THE SALE OF NOT TO EXCEED $8,250,000 PRINCIPAL AMOUNT OF COMMUNITY REDEVELOPMENT AGENC`! OF THE CITY OF PALM SPRINGS CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT TAX ALLOCATION BONDS, 1984 SERIES A, ADOPTING OFFICIAL NOTICE OF SALE, ADOPTING OFFICIAL STATEMENT AND AUTHORIZING OFFICIAL ACTION. It was moved by Maryanov, seconded by Foster, and unani- mously carried, Doyle abstaining, that Resolution 182 be adopted. 1.ti7Q CRA Minutes 12-7-83 Page 2 2. PA#1 (Continued) Secretary read letter to the Agency, respectfully refusing to publish the notice of sale; after which, Resolution 183 was presented, entitled: RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING LITIGATION TO COMPEL THE SECRETARY OF THE AGENCY TO PUBLISH A NOTICE OF THE SALE OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT TAX ALLOCATION BONDS, 1984 SERIES A. It was moved by Maryanov, seconded by Foster, and unanimously carried, Doyle abstaining, that Resolution 183 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned to Tuesday, December 13, 1983, at 3 p.m. , in the Large Conference Room, City Hall . J�H SUM GH Asst. Secretary t; 240 MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY DECEMBER 13, 1983 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, December 13, 1983, at 3 p.m. ROLL CALL: Present: Members Foster, Maryanov, Smith & Chairman Bogert Absent: Member Doyle LEGISLATIVE ACTION: None ADJOURNMENT There being no further business, Chairman declared the meeting adjourned to a Closed Session (legal ) on Monday, December 19, 1983, at 7:30 a.m. , in the Small Conference Room, City Hall . DITH SUMICH Assistant Secretary MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY AND CITY COUNCIL DECEMBER 19, 1983 An Adjourned Regular Meeting of the City Council/Community Redevelopment Agency of the City of Palm Springs, was called to order by Mayor/Chairman Bogert, in the Small Conference Room, City Hall , 3200 Tahquitz-McCallum Way, on Monday, December 19, 1983, at 7:30 a.m. ROLL CALL: Present: Council/Agency Members Doyle, Foster, Maryanov, Smith & Mayor/Chairman Bogert Absent: None LEGISLATIVE ACTION: None ADJOURNMENT There being no futher business, Mayor/Chairman declared the meeting adjourned to a Closed Session (Legal ) on this date at 5 p.m. , in the Small Conference Room, City Hall . �L 4JUDITH SUMICH City Clerk and Asst. Secretary, CRA 1 `Ii Cn 24;7 MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY ✓ AND CITY COUNCIL DECEMBER 19, 1983 An Adjourned Regular Meeting of the City Council/Community Redevelopment Agency of the City of Palm Springs, was called to order by Mayor/Chairman Bogert, in the Small Conference Room, City Hall , 3200 Tahquitz-McCallum Way, on Monday, December 19, 1983, at 5 p.m. ROLL CALL: Present: Council/Agency Members Doyle, Foster, Maryanov, Smith & Mayor/Chairman Bogert Absent: None LEGISLATIVE ACTION: None ADJOURNMENT There being no .futher business, Mayor/Chairman declared the meeting adjourned to a Closed' Session (Legal ) on this date at 5 p.m. , in the Small Conference Room, City Hall . yy DITH SUMICH City Clerk and Asst. Secretary, CRA Ir e r.; MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY DECEMBER 21, 1983 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 7, 1983, at 7:30 p.m. ROLL CALL: Present: Members Doyle, Foster, Maryanov, Smith and Chairman Bogert Absent: None LEGISLATIVE ACTION: 1 . PA#3 & PA#4 - TAX INCREMENT PASS THROUGH Recommendation: That the Agency approve pass-through agreement with C.V. Water District, relative to Ramon- Bogie Project; and with Riverside County Flood Control District, for Ramon-Bogie and for South Palm Canyon project areas. Reports reviewed by Housing & Redevelopment Specialist (Adm Aide). Resolutions 185, 188 and 189, approving agreements, as recommended, respectively, were presented; after which, it was moved by Doyle, seconded by Maryanov, and unanimously carried, Foster abstaining, that Resolution 185 be adopted; and it was moved by Smith, seconded by Maryanov, and unanimously carried, that Resolutions 188 and 189 be adopted; Foster abstaining on Resolution 189. 2. PA#1B4&6 - FINANCING PARKING STRUCTURE & OTHER IMPROVEMENTS Recommendation: That the Agency authorize issuance of bonds or the entering into of financing agreements to finance parking structures, sculpture court and related facilities to be constructed by North & South Plaza Associates for the Desert Fashion Plaza expansion project. Resolution 186, authorizing actions, as recommended, was presented; after which, it was moved by Maryanov, seconded by Foster, and unanimously carried, Doyle abstaining, that Resolution 186 be adopted. 3. PA#1B2 - IONIC CHANGE ORDER Recommendation: That the Agency approve Change Order #2 to increase contract with IONIC Construction, for demolition work on the Morrison, et al properties, by $2,560. Resolution 187, approving the Change Order, as recom- mended, was presented; after which, it was moved by Smith, seconded by Maryanov, and unanimously carried, that Resolution 187 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned to Thursday, December 22, 1983, at 5 p.m. , in the Large Conference Room, City Hall . 24 .1 MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY DECEMBER 22, 1983 An Adjourned Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, was called to order by Chairman Bogert., in the Small Conference Room, City Hall , on Thursday, December 22, 1983, at 5 p.m. ROLL CALL: Present: Members Doyle, Foster, Maryanov, Smith and Chairman Bogert Absent: None LEGISLATIVE ACTION: None ADJOURNMENT There being no further business at 4:45 p.m. , Chairman declared the meeting -Further adjourned to a closed session, and upon reconvening adjourned to NORMAN R. KING Secretary MINUTES OF a CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY DECEMBER 26, 1983 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 December 26, 1983, at 9 a.m. ROLL CALL: Present: Members Doyle, Foster, Smith and Chairman Bogert Absent: Mr. Maryanov LEGISLATIVE ACTION: None CLOSED SESSION: Mayor declared the meeting adjourned for the purpose of convening in Closed Session (Legal ), after which, he declared the meeting further adjourned to December 27, 1983, at 3 p.m. , in the Large Conference Room, City Hall . NORMAN R. KING Secretary 2a MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY DECEMBER 27, 1983 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 Talhquitz-McCallum Way, on December 27, 1983, at 3 p.m. ROLL CALL: Present: Members Doyle, Foster, and Chairman Bogert Absent: Mr. Maryanov and Mr. Smith LEGISLATIVE ACTION: None CLOSED SESSION: Mayor declared the meeting adjourned for the purpose of convening in Closed Session (Legal ) , after which, he declared the meeting further adjourned to December 28, 1983, at 3 p.m. , in the Large Conference Room, City Hall . �NORMAN R. ICING' Secretary MINUTES OF ! CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY DECEMBER 28, 1983 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 December 28, 1983, at 3 p.m. ROLL CALL: Present: Members Doyle, Foster, Smith and Chairman Bogert Absent: Mr. Maryanov LEGISLATIVE ACTION: None CLOSED SESSION: Mayor declared the meeting adjourned for the purpose of convening in Closed Session (Legal ) , after which, he declared the meeting further adjourned to December 29, 1983, at 10:30 a.m. , in the Large Conference Room, City Hall . NORMAN R. KING Secretary MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY DECEMBER 29, 1983 An Adjourned Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, was called to order by the Secretary, in the Large Conference Room, City Hall , 3200 Tahquitz-McCallum Way, on December 29, 1983, at 10:30 a.m. ROLL CALL: Present: None Absent: Members Doyle, Foster, Maryanov, Smith & Chairman Bogert There being lack of a quorum, the Secretary declared the meeting adjourned to Friday, December 30, 1983, at 8:15 a.m. , in the Large Conference Room, City Hall . L—/JUDITH SUMICH Assistant Secretary MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY DECEMBER 30, 1983 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, December 30, 1983 at 8:15 a.m. ROLL CALL: Present: Members Doyle, Foster, Maryanov, Smith and Chairman 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 further adjourned to Tuesday, January 3, 1984, at 3 p.m. , in the Large Conference Room, City Hall . -g _le_JUDITH SUMICH Asst. Secretary