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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