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HomeMy WebLinkAbout1/1/2000 - CRA RESOLUTIONS RESOLUTION NO. 1091 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT WITH VIP MOTOR CARS, LTD. AND FDH ENTERPRISES, INC. PROVIDING REHABILITATION ASSISTANCE IN THE AMOUNT OF $1,000,000 FOR PROPERTY IMPROVEMENTS AT AN AUTOMOBILE DEALERSHIP AT 4095 EAST PALM CANYON DRIVE, PROJECT AREA#9 G ------------------- WHEREAS, the Community Redevelopment Agency of the City of Palm Springs, California ("Agency") is constituted under the Community Redevelopment Law (California Health and Safety Code Section 33000 eet, se to carry out the purpose as the redevelopment in the City of Palm Springs ("the City"); and WHEREAS, VIP Motor Cars, Ltd. has requested Agency financial assistance in their efforts to expand and upgrade their automobile dealership at 4095 East Palm Canyon Drive, in order to retain the business in Palm Springs, make it a more profitable facility for the dealer and the City, and increase the level of employment; and WHEREAS, expansion of the dealership will create additional sales tax revenue for the City, as well as create additional on-site jobs for documented low and moderate income households, therefore improving the City's ability to provide services to all its residents, as well as overall living conditions for low and moderate income households in the City; and . WHEREAS, Section 33430 of the Community Redevelopment Law allows that an agency may, "for purposes of redevelopment, sell, lease, for a period not to exceed 99 years, exchange, subdivide, transfer, assign, pledge, encumber by mortgage, deed of trust, or otherwise, or otherwise dispose of any real or personal property or any interest in property;" and WHEREAS, Community Redevelopment Law allows agencies to use tax increment to pay for improvements on properties which the agency owns or leases; and WHEREAS, Section 33432 of the Community Redevelopment Law requires that any such lease shall be conditioned on the redevelopment and use of the property in conformity with the redevelopment plan; and WHEREAS, a Notice of Public Hearing concerning the Disposition and Development Agreement was published in accordance with applicable law; and WHEREAS, the California Redevelopment Law requires certain findings before the Agency can enter into this Amendment, as follows: a) Section 33421.1 - that the City Council find that the provision of such improvements will effectuate the Redevelopment Plan; ' b) Section 33445 - that the City Council find that the improvements benefit the Project Area; that no other means of financing the improvements are available; that payment of the funds will assist in eliminating blight, and that assistance to the project is consistent with the Agency's adopted Five Year Implementation Plan. G�G�- ) R1091 GRQ � G`y Page 2 WHEREAS, the Agency has considered the staff report, and all the information, testimony and evidence provided during the public hearing on December 15, 1999. NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs as follows: SECTION 1. The above recitals are true and correct and incorporated herein. SECTION 2. Pursuant to the California Environmental Quality Act (CEQA), the Community Redevelopment Agency finds as follows: a) In connection with the approval of the DDA,, the project is Categorically Exempt because all the work is to occur on existing facilities and there are no changes in the effects of the proposed project or the circumstances in which it is being carried out which require any modification of the Categorical Exemption. b) The Agency finds that the Planning Commission adequately discussed the potential significant environmental effects of the proposed project (land use, traffic/circulation, parking, air quality, noise, aesthetics, geology/soils, water quality, drainage, public utilities, public safety, archaeological/historic resources and light and glare). The Community Redevelopment Agency further finds that the Categorical Exemption reflects its independent judgment. SECTION 3. The Developer proposes to add a new service drive; construct a new two-story office addition to the west side of the Mercedes-Benz building; construct streetscape improvements, additional landscaping, low screen walls and display pads along East Palm Canyon Drive; and redesign and install new exterior lighting. The Developer shall install at the BMW dealership an enclosed "new car" delivery area and a new screen wall west of the service drop-off area, with lighting and streetscape improvements to match the Mercedes-Benz dealership along East Palm Canyon Drive. SECTION 4. The Developers are required to make certain street improvements in keeping with City codes. Such offsite improvements are imperative to this project, such as reconstructing curb, gutter and sidewalks along Cherokee Road and East Palm Canyon Drive. This project improves a blighted comer of Redevelopment Project Area #9G and will increase tax increment to the Agency and sales tax collections to the City. SECTION 5. The Agency proposes, through this Disposition and Development Agreement, to lease the three separate dealership properties from FDH Enterprises, Inc., the property owner, for an aggregated amount of $58,250 in the first year, to increase annually by the Consumer Price Index as published by the U.S. Department of Labor for the Los Angeles-Anaheim-Riverside SMSA. VIP Motor Curs, Ltd. shall, in turn, sublease the three properties from the Agency for an aggregated amount of$58,250 in the first year, to increase annually by the Consumer Price Index as published by the U.S. Department of Labor for the Los Angeles-Anaheim-Riverside SMSA. The amount of payment for the lease and sublease shall be the same. The sublessee shall construct the improvements as described in Section 3 of this resolution, at a cost R1091 Page 3 of at least two million dollars ($2,000,000). Addition, the Agency shall participate in the cost of the improvements, as the lessee's share, as described in Section 3 of this resolution, by rebating annually to the sublessee an amount up to one million dollars ($1,000,000) using tax increment from Project Area #9. The annual amount rebated for the cost of the improvements shall be determined by the combined dealerships' ' sales tax performance over a base amount determined in the DDA. The agreement shall be for a period of twelve (12) years or until the $1,000,000 is rebated, whichever is sooner. SECTION 6. The Agency does hereby find and determine as follows: (a) The property was originally developed in the 1950's and was occupied by Palm Springs Ford until the 1970's when it departed; however, while the dealership currently has luxury brand names, the dealership itself has declined in economic value over the past two decades due to aging and obsolete facilities and poor visibility from East Palm Canyon Driven. In 1998, the current owners acquired VIP Motor Cars, Ltd. and began negotiating with the manufacturers regarding the manufacturers' requirements for the dealership's facilities. (b) The DDA effectuates the purposes of the Community Redevelopment Law by reversing or alleviating any serious physical, social, and economic burden of the ' Community which cannot reasonably be expected to be reversed or alleviated by private enterprise acting alone, in that the assistance will facilitate the redevelopment and operation of the automobile dealership by causing the reconstruction and upgrade of the property, placing the property in the hands of a first class and experienced operator, in order to maintain existing sales tax revenue and attract additional commercial development within the City and increase the City's tax base. (c) The DDA effectuates the purposes of the Community Redevelopment Law as it is intended to eliminate blight and promote the health, safety and general welfare of the people of Palm Springs. SECTION 7. The proposed project is consistent with the Implementation Plan for this area, insofar as this project will increase tax increment and will expand an already-existing successful business. It will increase the City's commercial sector by expanding a major retail business in the City, in order to capture a portion of the significant sales tax leakage that occurs in Palm Springs. SECTION 8. Based on foregoing reasons, this DDA is hereby approved and incorporated herein by this reference. CORO R1091 Page 4 SECTION 9. The Chairman of the Agency, and/or his designee, is authorized to execute all necessary documents, in a form approved by the Agency Counsel. ADOPTED this 19th day of January , 2000 AYES: Members Jones, Hodges, Reller-Spurgin, Oden and Chairman Kleindienst NOES: None ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY \ CITY 6O,F� PALM SPRINGS, CALIFORNIA Assistant ecretary Chairman REVIEWED & APPROVED Cf RESOLUTION NO. 1092 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO AN EXCLUSIVE AGREEMENT TO NEGOTIATE ' WITH ANTHONY-STEPHEN'S & ASSOCIATES, INC. OF TEMPE, ARIZONA FOR THE DEVELOPMENT OF A RESORT HOTEL AND SPA IN THE NORTH PALM CANYON REDEVELOPMENT PROJECT AREA (AREA#6) WHEREAS the Community Redevelopment Agency is responsible for eliminating blight within the North Palm Canyon Redevelopment Project Area; and WHEREAS in the project area are four blighted vacant parcels, one acquired by the Community Redevelopment Agency in a nuisance abatement action of a dilapidated hotel, and another a former irrigation reservoir; and WHEREAS Anthony-Stephen's & Associates, Inc. of Tempe, Arizona has requested the Agency to enter into an Exclusive Agreement to Negotiate on the parcels while they negotiate a Disposition& Development Agreement with the Agency to acquire the Agency- owned parcels, and work to assemble the two adjacent parcels; and WHEREAS, the Agency approved the Agreement on July 21, 1999 for a term of six months, but the developer finds he needs an additional three months to have time to complete a ' redesign of the project. NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, that Amendment No. I to the Exclusive Agreement to Negotiate between the Agency and Anthony-Stephen's & Associates, Inc. in a form approved by the Agency Counsel, is hereby approved. ADOPTED this 19th day of January , 2000. AYES: Members Jones, Oden, Reller-Spurgin and Chairman Kleindienst NOES: Member Hodges ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA 4111 Assistant Secretary Chairman REVIEWED & APPROVED AS TO FO� RESOLUTION NO. 1093 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE EXPENDITURE IN AN AMOUNT NOT TO EXCEED $3,717.50, FOR AMENDMENT NO. 1 TO CITY COUNCIL CONTRACT SERVICES AGREEMENT NO. 4173 WITH INFOTOX, INC., FOR PROFESSIONAL SERVICES RELATED TO THE ASBESTOS SURVEY AT 3709 EL DORADO BLVD., CITY PROJECT NO. 98-05 BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY of the City of Palm Springs, California, authorizing the expenditure in an amount not to exceed $3,717.50 for Amendment No. Ito City Council Contract Services Agreement No. 4173 with Infotox, Inc., for professional services related to the Asbestos Survey at 3709 El Dorado Blvd.City Project No. 98-05 ADOPTED this 2nd day of February > 2000. AYES: Members Jones, Hodges, Oden, Reller-Spurgiin and Chairman Kleindienst NOES: None ABSENT: None ABSTAIN: ATTEST: COMMUNITY REDEVELOPMENT AGENCY, CITY OF PALM SPRINGS;, CALIFORNIA Assistant Secretary Chairman 1:2 REVIEWED AND APPROVED: �—� C (P% "Q ov C\ RESOLUTION NO. 1094 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE EXPENDITURE IN AN AMOUNT NOT 1 TO EXCEED $19,200.00 FOR CONSTRUCTION CHANGE ORDER NO. 1 TO ENVIRONMENTAL CONTROL SYSTEMS, INC., FOR THE ASBESTOS ABATEMENT AND DEMOLITION PROJECT AT 3709 EL DORADO BLVD., CITY PROJECT NO. 98-05 BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY of the City of Palm Springs, California, authorizing the expenditure in an amount not to exceed $19,200.00 for Construction Change Order No. 1 to Environmental Control Systems, Inc., for the Asbestos Abatement and Demolition project at 3709 El Dorado Blvd., City Project No. 98-05. ADOPTED this 2nd _day of February > 2000• AYES: Members Jones, Hodges, Oden, Reller-Spurgin and Chairman Kleindienst NOES: None ABSENT: None ABSTAIN: ATTEST: COMMUNITY REDEVELOPMENT AGENCY, CITY OF PALM SPRINGS, CALIFORNIA By, Assistant Secretary Chairman . REVIEWED AND APPROVED • 2- 1 RESOLUTION NO. 1095 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONTRACT AMENDMENT ' WITH DAVID PAUL ROSEN & ASSOCIATES TO COMPLETE THE CITY'S HOUSING ELEMENT ACCORDING TO STATE LAW, AND TO DEVELOP A COMPREHENSIVE AFFORDABLE HOUSING STRATEGY; CONTRACT AMENDMENT TO BE IN AN AMOUNT NOT TO EXCEED$99,300,00, BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY of the City of Palm Springs, California,that a Contract Amendment in the amount of$99,300.00 with David Paul Rosen&Associates to complete the city's Housing Element according to State Law, and to develop a Comprehensive Affordable Housing Strategy is approved; and,the Executive Director or his designee is authorized to sign any documents related to the Agreement. ADOPTED this 16th day of February ,2000. AYES: Members Hodges, Oden, Reller-Spurgin and Chairman Kleindienst NOES: Member Jones ABSENT: None ABSTAIN: ATTEST: COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS, CALIFORNIA / Assistant Secretary airman REVIEWED AND APPROVED: crab . �.ro RESOLUTION NO. 1096 ' OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONTRACT SERVICES AGREEMENT WITH RALPH DENNIS IN THE AMOUNT OF $50,000.00 TO PERFORM AS CONSTRUCTION SUPERINTENDENT FOR THE NEIGHBORHOOD REVITALIZATION PROGRAM, CONTRACT FORM SUBJECT TO APPROVAL BY AGENCY COUNSEL. -- -- -- -- - - - -- - WHEREAS, on September 15, 1999 the Redevelopment Agency approved the creation of the Neighborhood Revitalization Program (NRP). The Program provides grants and deferred loans to very low to moderate-income households for improvements to the interior and exterior of single family homes and mobile homes; and WHEREAS, an important element of the NRP is the position of Construction Superintendent. This individual is responsible for doing work write-ups on the prospective rehabilitation projects and ensuring quality work is completed for the qualified homeowners; and WHEREAS, Ralph Dennis displays and possesses the necessary qualifications to fulfill this contract. ' NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, that is does hereby approve a contract services agreement with Ralph Dennis in the amount of $50,000.00 to perform as construction superintendent for the Neighborhood Revitalization Program. Contract form subject to approval by Agency Counsel. ADOPTED this 5`h day of April, 2000. AYES: Members Jones, Oden, Hodges, Reller-Spurgin, Chairman Kleindienst NOES: None ABSENT: None ABSTAIN: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS, CALIFORNIA d _ Assistant ecretary Chairman REVIEWED AND APPROVED: hrC- RESOLUTION NO. 1097 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONTRACTUAL SERVICES AGREEMENT WITH MACKENZIE: WAGNER & ASSOCIATES, INC. OF PALM DESERT, CALIFORNIA FOR,AN APPRAISAL, ON PARCELS 669-500-001 AND 669-500-025 WHEREAS the Community Redevelopment Agency owns a 19.17 acre parcel of land near the corner of Sunrise Way and San Rafael Road; and WHEREAS the Agency has received an offer from a developer to purchase the land, as well as the City-owned parcel adjacent to it on its northern boundary; and WHEREAS, if the use is to be for other than low- or moderate income housing, the Agency must sell the land for fair market value; and WHEREAS the Agency commissioned Mackenzie Wagner& Associates, Inc. to appraise the entire 40 acre parcel 669-500-001, of which the 19.17 acre parcel is a portion, when it purchased the land from the City of Palm Springs in 1995, and desires to use the same appraiser. NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, that the Contractual Services Agreement between the Agency and MacKenzie Wagner&Associates, Inc. in a form approved by the Agency Counsel, is hereby approved. ADOPTED this 19th day of Aoril , 2000. AYES: Members Jones, Hodges, Oden, Reller-Spur,gin and Chairman Kleindienst NOES: None ABSENT: None ATTEST: COMMUNITY REDEVEI-OPMENT AGENCY OF THE CITY OF PALM I SPRINGS, CALIFORNIA Assistant Secretary chairman REVIEWED & APPROVED AS TO FORM �iF'f/l. /�/ �1 i i L RESOLUTION NO. 1098 1 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING FOR CANYON, SECTION 14 AREAS BETWEEN AGUA CALIENTE BAND OF CAHUILLA INDIANS AND THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY of the City of Palm Springs, that the Memorandum of Understanding for Canyon, Section 14 Areas between Agua Caliente Band of Cahuilla Indians and the Community Redevelopment Agency of the City of Palm Springs, is hereby approved. ADOPTED this 17th day of May , 2000. AYES: Members Jones, Hodges, Oden, Reller-Spurgin and Chairman Kleindienst NOES: None ABSENT: None ABSTAIN: 1 ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, t^ FORNIA Assistant Secretary Secretary Chairman REVIEWED &APPROVED AS TO FORM A`f� 1 RESOLUTION NO. 1,099 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A RIGHT-OF-WAY DEDICATION DEDICATION TO THE CITY OF PALM SPRINGS FOR A PORTION OF AN AGENCY-OWNED PARCEL ON VISTA CHINO ROAD (APN 507-100-036) BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY of the City of Palm Springs, that the Grant of Right-of-Way to the City of Palm Springs for the purpose of improving streets, highways, utility installations, underground sewers or other appurtenant uses, together with the right to construct, repair, maintain, operate, use, dedicate, declare the same for public use, is hereby approved. ADOPTED this 17th day of May , 2000. AYES: Members Jones, Hodges, Oden, Reller-Spurgin and Chairman Kleindienst NOES: None ABSENT: None ABSTAIN: ATTEST: COMMUNITY REDEVELOPMENTAGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA �, e y Assistant Secretary Chairman REVIEWED & APPROVED AS TO FORM FVL c ra c-- RESOLUTION NO. 1100 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN OWNER PARTICIPATION AGREEMENT WITH ROSE MIHATA AND SCOTT TIMBERLAKE TO REHABILITATE THE HERITAGE APARTMENTS, A 136-UNIT APARTMENT COMPLEX AT 300 SOUTH CALLE EL SEGUNDO IN THE BARISTO- FARRELL PROJECT AREA (AREA#8) WHEREAS, the Community Redevelopment Agency of the City of Palm Springs (the "Agency") has established an affordable housing setaside fund in accordance with Section 33000 at. seq. of the California Health and Safety Code; and WHEREAS, the funds are earmarked for the acquisition, construction, or rehabilitation of affordable housing to benefit the community; and WHEREAS, the Heritage Apartments, constructed in 1979 as mature adult units for low- to moderate-income seniors, is in significant need of rehabilitation, including improving the energy efficiency of the units and the amenities of the complex; and WHEREAS, the property owners, Rose Mihata and Scott Timberlake, desire to participate with the Agency in its affordable housing program by dedicating up to half (68) of the units for low-income residents in the Heritage Apartments, which is in the Baristo-Farrell Redevelopment Project Area (Project Area#8). NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, as follows: SECTION 1. An Owner Participation Agreement with Rose Mihata and Scott Timberlake for the rehabilitation of 136 units at the Heritage Apartments, 300 South Calle El Segundo, is approved. SECTION 2. The Agency authorizes an allocation of up to $450,000 for this project. SECTION 3. The Executive Director, or his designee, is hereby authorized to execute on behalf of the Agency the Owner Participation Agreement and other documents necessary to the Agreement, and make minor changes as may be deemed necessary, in a form approved by Agency Counsel. ADOPTED this 7th day of June 2000. AYES: Members Jones, Hodges, Oden, Vice-Chair Reller-Spurgin NOES: None ABSENT: Chairman Kleindienst ATTEST: COMMUNITY REDEVELOPMENT AGENCY JF THE CITY OF PALM SPRINGS, CALIFORNIA ' Assistant Secretary Chairman REVIEWED &APPROVED AS TO FORM 2 C'm •t>-- s R/1.23 (�tr3Z Rt 133 RESOLUTION NO. t t ni OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY , OF PALM SPRINGS, CALIFORNIA, APPROVING A BUDGET FOR THE FISCAL YEAR 2000- 2001. WHEREAS, a budget for the fiscal year 2000-2001 has been prepared by the Community Redevelopment Agency, Redevelopment Director, and the Agency Treasurer; and WHEREAS, the Community Redevelopment Agency has examined said budgets and conferred with the Community Redevelopment Agency Director; and WHEREAS, the Community Redevelopment Agency, after due deliberation and consideration, agrees with the budget recommended, including the Community Redevelopment Agency Administration Fund budget; NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs as follows: Section 1. That the budget in the amount of $6,790,088 be approved for the following purposes Capital &Admin. Debt Service Merged Area No. 1 $ 544,951 $2,754,726 Merged Area No. 2 485,588 1,521,843 Low& Mod. Income Housing 916,578 504,824 Plaza Theater 61,578 $2,008,695 $4,781,393 Section 2. That the budget for the Debt Service for the 1994 Series A & B bond issue, which amount is already included in the above Merged Areas debt service, is $1,647,800; and is budgeted as an accounting control only. r Section 3. That the Finance Director of the City of Palm Springs is authorized to record the budget and such other accounting entries as may be necessary for proper accounting treatment in accordance with rules and regulations applicable to other City of Palm Springs funds. II �� �� I R1101 Page 2 CRA Resolution No. Page 2 1 ADOPTED this 14th day of June 2000. AYES: Ageucy&"Qbers Hodges, Oden, Reller-Spurgin and Chairman Kleindienst NOES: Agency Member Jones ABSENTS: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY CISPRINGS, CALIF RNIA Assist tecretary Chairman REVIEWED &APPROVED 1 RESOLUTION NO. 1102 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A SUBORDINATION AGREEMENT WITH PALOS VERDES VILLAS, A CALIFORNIA CORPORATION, AND THE CALIFORNIA HOUSING FINANCE AGENCY TO FACILITATE A LOAN MODIFICATION AND REFINANCE OF PALOS VERDE:S VILLAS, IN THE NORTH PALM CANYON REDEVELOPMENT PROJECT AREA (AREA#6) WHEREAS, the Community Redevelopment Agency of the City of Palm Springs (the "Agency") has established an affordable housing setaside fund in accordance with Section 33000 et. seq. of the California Health and Safety Code; and WHEREAS, the Agency entered an Owner Participation Agreement with Palos Verdes Villas (the "Developer") on February 19, 1992 and a Regulatory Agreement and Declaration of Covenants and Restrictions on January 19, 1994; and WHEREAS, the Developer, Agency, and the California Housing Finance Agency ("CHFA") entered a Subordination Agreement on January 30, 1995, whereby the Agency agreed to subordinate its Use Restrictions to the CHFA Deed l of Trust and the CHFA Regulatory Agreement; and WHEREAS, the Developer is currently in default if its obligations to CHFA, which obligations are secured by the Deed of Trust, but have negotiated a Loan Modification and Refinancing of the project with CHFA; and WHEREAS, California Health and Safety Code Section 51335 (e) requires that the CHFA Loan and Regulatory Agreement have priority over the Agency's Use Restrictions. NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, as follows: SECTION 1. A Subordination Agreement between the Community [Redevelopment Agency of the City of Palm Springs, Palos Verdes Villas, a California Corporation, and the California Housing Finance Agency, is approved. SECTION 2. The Executive Director, or his designee, is hereby authorized to execute on behalf of the Agency the Subordination Agreement: and other documents necessary to the Agreement, and make minor changes as may be deemed necessary, in a form approved by Agency Counsel. � ��� - b - cl R1102 Page 2 ADOPTED this 14th day of June , 2000. AYES: Members Hodges, Oden, Reller-Spurgin and Chairman Kleindienst NOES: Member Jones ' ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS. CALIFORNIA Assistant Secretary Chairman REVIEWED &APPROVED AS TO FORM ti Cam' • 6 • 10 RESOLUTION NO. 1103 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONTRACT WITH JERRY OGBURN, D/B/A REDAC2 FOR FISCAL YEAR 2000-2001 IN THE AMOUNT OF $140,000 FOR THE CONTINUATION OF THE VILLAGE OF PALM SPRINGS DEVELOPMENT CENTER AND THE MANAGE- MENT OF SIX(6) REDEVELOPMENT PROJECT AREAS IN THE DOWNTOWN CORRIDOR BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY of the City of Palm Springs, California, that a Contract for Services with Jerry Ogburn, d/b/a REDAC2 for the continuation of the Village of Palm Springs Development Center and the management of six (6) Redevelopment Project Areas in the downtown core is approved. and the Ex- ecutive Director or his designee is authorized to sign any documents related to the Con- tract. ADOPTED this 21sday of .rune 12000. AYES: AgencyMembers Jones, Hodges, Oden, Reller-Spurgin and Chairman Kleindienst NOES: None ABSENT: None ABSTAIN: ATTEST: COMMUNITY REDEVELOPMENT AGENCY Assistant Secretary Chairman REVIEWED&APPROVED � �� -� - 17 RESOLUTION NO. 1104 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA , APPROVING CONTINUING APPROPRIATIONS FROM FISCAL YEAR 1999-00 TO THE FISCAL YEAR 2000-01. ' WHEREAS the City Council of the City of Palm Springs has adopted a budget for the 2000-01 fiscal year; and WHEREAS certain projects budgeted in the 1999-00 fiscal year budget have been started but not completed; and WHEREAS the unencumbered balances of those certain appropriations are necessary for completion of the projects; NOW THEREFORE BE IT RESOLVED that the City Council of the City of Palm Springs hereby authorizes the carrying forward to the nearest dollar, as continuing appropriations into the 2000-01 fiscal year, the amount indicated or the final audited unencumbered balances, whichever is the lesser amount, as of June 30, 2000 of the following accounts: RESOLUTION NO. PAGE 1 ACCOUNT NO: ACCOUNT TITLE AMOUNT 811-8191-42000 Utilities $ 1,307 811-8191-43050 Buildings Repairs/Maintenance 3,110 811-8191-43200 Contractual Services 5,000 811-8191-43250 Auditing 600 811-8191-43960 Property Tax 5,520 811-8191-65105 Low Int/Revoly Loan Prg 12,582 811-8191-65106 Commercial Rehab/Constr 59,644 ' 811-8191-65111 Frances Stevens Fest Ctr 17,892 811-8191-65116 Uptown Lighting Program 2,841 811-8191-65120 Desert Shadows OPA 116,215 812-8192-50000 Unscheduled Capital Project 97,196 812-8192-65109 Ralph's Market Redevelopment 14,625 821-8199-42000 Utlilties 3,094 821-8199-43050 Building Repairs/Maint 314 821-8199-43220 Contractual Legal Services 825 821-8199-43960 Property Taxes 6,500 882-8382-42100 Office Supplies 701 882-838242500 Travel &Training , 1,385 882-8382-42570 Printing & Publishing 214 882-8382-43200 Contractual Services 1,585 882-8382-43960 Property Tax 3,200 882-8382-50000 Unscheduled Capital Proj 174,656 882-8382-65000 Relocation Assistance 34,929 882-8382-65017 Sect 202 Senior Housing 31,670 882-8382-65121 Cottonwood/Chuckwalla SFR 188,500 882-8382-65122 SFR Rehab Program 997,061 R1104 Page 2 All appropriations approved subsequent to passage of this resolution, but prior to the end of the 1999-00 year. ADOPTED this 19th day of July 2000. AYES: Agency Members Hodges, Jones, Oden, Reller—Spurgin and Chairman &leindienst e NOES: None ABSENT: None ry—� CITY OF PALM PRINGS ssis an ecretary a rman CRA 4 -3 RESOLUTION NO. 1105 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 37421 ET. SEQ. FOR THE SALE OF AGENCY-OWNED PROPERTY WHEREAS, the Community Redevelopment Agency of the City of Palm Springs is desirous of selling certain Agency-owned property located in the City of Palm Springs ("Sale Property"), located at 393 Avenida Cerca, in accordance with Government Code Section 37420 et seq.; WHEREAS, the Community Redevelopment Agency is informed that Tony Pellum ("Buyer") has applied to the City for the purchase the Sale Property; WHEREAS, the Agency finds that there is no present or anticipated future use of the Sale Property for public purposes, and that the Sale Property is zoned for single family residential use; WHEREAS, the sale of the Sale Property is consistent with the City's General Plan; WHEREAS, the Agency has published notice of the public hearing for August 2, 2000 at 7 p.m. for consideration of the sale of the Sale Property, pursuant to California Government Code Sections 37421, 37422 and 37423, NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs as follows: SECTION 1. The Agency hereby finds that the sale of the Agency-owned property located at 393 Avenida Cerca, more specifically described as Assessor's Parcel Number 669-396-005, to Tony Pellum, is in the public interest because the Sale Property is zoned ' for single family residential development and the Buyer proposes to construct a new home on the Sale Property. SECTION 2. The Agency hereby finds that the sale of the Sale Property for the collective amount of$2,000 is in the public interest and is not below the fair market value of the Sale Property. SECTION 3. The Agency hereby finds that no protest was made pursuant to California Government Code Section 37425 for the sale of the Sale Property, or any protest made pursuant to Section 37425 was overruled by four-fifths vote of the members of the Agency. Resolution 1105 Page 2 SECTION 4. Chairman is authorized to execute the sale of the Sale Property pursuant to this Resolution, in accordance with California Government Code Section 37426. ADOPTED this 9-,d day of August 2000. AYES: Member Hodges, Jones, Oden, Reller-Spurgin and Chairman Kleindienst NOES: None ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, A�L�IFORNIIA� 0 Assistant Secretary l —i hairman ZIP REVIEWED AND APPROVED: K;%' —T� n -2- n RESOLUTION NO. 1106 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS,CALIFORNIA,ACCEPTING A GRANT OF EASEMENT FROM JOHN WESSMAN ' ACROSS THE PLAZA THEATER COURTYARD, IN SECTION 15, T. 4 S., R. 4 E; FILE R-00-014. WHEREAS, the Community Redevelopment Agency of the City of Palm Springs reserved unto itself a ten-foot wide easement for ingress and egress across property it granted to John Wessman, pursuant to that Grant Deed, document 465160, recorded October 28, 1998; and WHEREAS, John Wessman has proposed redevelopment of this property, including that area reserved to the Community Redevelopment Agency of the City of Palm Springs as an access easement; and WHEREAS,John Wessman has proposed that the access easement be relocated ten feet southerly to allow for the redevelopment of the property; and WHEREAS, to facilitate the relocation of this access easement, it is necessary for the Community Redevelopment Agency of the City of Palm Springs to accept a new access easement from John Wessman. NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, that the Grant of Easement to the Community Redevelopment Agency of the City of Palm Springs from John Wessman, for the purpose of ingress and egress across the Plaza Theater courtyard, is hereby accepted. ' ADOPTED this ?,,, day of Auguct , 2000. AYES: Members Jones and Oden NOES: Vice-Chair Reller-Spurgin ABSENT: None Abstain: Member Hodges and Chairman Kleindienst ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA E � 1 y. v Assistant Secretary chairman REVIEWED AND ADOPTED AS TO FORM: R-00-014 Ck�4 - g RESOLUTION NO. i1o7 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE RELEASE OF AN ACCESS EASEMENT RESERVED TO THE AGENCY ACROSS THE PLAZA THEATER COURTYARD, IN SECTION 15, T. 4 S., R. 4 E; FILE R-00-014. WHEREAS, the Community Redevelopment Agency of the City of Palm Springs reserved unto itself a ten-foot wide easement for ingress and egress across property it granted to John Wessman, pursuant to that Grant Deed, document 465150, recorded October 28, 1998; and WHEREAS, John Wessman has proposed redevelopment of this property, including that area reserved to the Community Redevelopment Agency of the City of Palm Springs as an access easement; and WHEREAS,John Wessman has proposed thatthe access easement be relocated ten feet southerly to allow for the redevelopment of the property; and WHEREAS, to facilitate the relocation of this access easement, it is, necessary for the Community Redevelopment Agency of the City of Palm Springs to release to John Wessman the existing access easement. NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, as follows: Section1. That the Community Redevelopment Agency does hereby authorize the execution of a Quitclaim Deed to release to John Wessman its existing access easement reserved unto itself across the Plaza Theater courtyard. Section 2. That the City Clerk shall withhold the recordation of the Quitclaim Deed releasing the Agency's access easement across the Plaza Theater courtyard, until such time that a new access easement is provided to and accepted by the Agency across the Plaza Theater courtyard; and until such time that the City Engineer indicates an acceptable access ramp to the Plaza Theater has been constructed to his satisfaction within the relocated easement accepted by the Agency. Resolution 1107 Page 2 ADOPTED this end day of A„g��_, 2000. AYES: Members Jones and Oden NOES: Vice-Chair Reller-Spurgin ABSENT: None 1 Abstain: Member Hodges and Chairman Rleindienst ATTEST: COMMUNITY REDEVELOPMENTAGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA 1 Assistant Secretary Chairman REVIEWED AND ADOPTED AS TO FORM: 7V_ R-00-014 1 RESOLUTION NO. 1108 OFTHE COMMUNITY REDEVELOPMENT AGENCY OFTHE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE CONSTRUCTION OF STREET IMPROVEMENTSON RADIO ROAD TO EFFECTUATE THE PURPOSES OF THE REDEVELOPMENT PLAN IN THE HIGHLAND-GATEWAY PROJECT AREA (MERGED PROJECT AREA #1) WHEREAS Radio Road is a General Plan street of the City of Palm Springs, but a portion of Radio Road between Anza and McCarthy has never been paved; and WHEREAS constructing improvements on a General Plan Street is a Class 1 exemption from CEQA, per Section 15301 of the California Code; and WHEREAS the City and Redevelopment Agency seek to encourage the improvement of property, construction of new facilities, and retention of jobs within redevelopment areas; and WHEREAS this development will benefit the project area by serving as a catalyst for future developments in the former Highland Gateway Redevelopment Project Area, and WHEREAS the Agency desires to implement the Redevelopment Plan for the Highland- Gateway Redevelopment Project Area, which §324 allows the Agency to construct public improvements and enter into agreements with the City or other public agencies to facilitate those improvements. NOW THEREFORE, the Community Redevelopment Agency of the City of Palm Springs, California, does hereby resolve the following: SECTION 1. The construction of street improvements on Radio Road between McCarthy and Anza, paid for as a capital project of the Community Redevelopment Agency pursuant to §324 of the Redevelopment Plan, is hereby approved. the SECTION 2. It is com community appropriate af whole or rand nimplement the Redents to be evelopment ed which will benefit velopment Plan for Project Area. SECTION 3. The Reimbursement Agreement between the Community Redevelopment Agency and the City of Palm Springs is hereby approved. SECTION 4. The Executive Director or his designee are authorized to sign all necessary documents in a form approved by the Agency Counsel. ADOPTED this 2nd day of August , 2000. AYES: Members Hodges, Jones, Oden, Reller—Spurgin and Chairman Rleindienst NOES: None ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, 1 C IFORNI� •���� Assistant Secretary Chairman REVIEWED AND APPROVED: RESOLUTION NO. 11o9 OF THE COMMUNITY REDEVELOPMENT AGENCYOFTHE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONTRACT WITH ENVIRONMENTAL CONCERNS, INC., ' DBA SOUTHWEST INDUSTRIES, IN THE AMOUNT OF $31,054.00, FOR ASBESTOS ABATEMENT AND DEMOLITION OFTHE RUDNICK BUILDING,CITY PROJECT NO. 00-16, AND MAKING THE FINDING THAT THE BID PROTEST IS NOT SUBSTANTIATED BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY of the City of Palm Springs, California, that a contract with Environmental Concerns, Inc., dba Southwest Industries, in the amount of $31,054.00, for Asbestos Abatement and Demolition of the Rudnick Building,City Project No. 00-16, is approved, making the finding notto substantiate the bid protest, and the Executive Director or his designee is authorized to sign, any documents related to the Contract. ADOPTED this 6th day of September , 2000. AYES: Members Hodges, Jones, Reller—Spurgin and Mayor Kleindienst NOES: None ABSENT: Member Oden ATTEST: MMUNITY REDEVELOPMENT GENCY Assistant Secretary Chairman REVIEWED & APPROVED 1 RESOLUTION NO. 1110 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN EXCLUSIVE AGREEMENT TO NEGOTIATE WITH WESTAR ASSOCIATES, INC. OF COSTA MESA, CALIFORNIA FOR THE PURCHASE AND DEVELOPMENT OF A REDEVELOPMENT- AGENCY-OWNED PARCEL PARCEL AND A PRIVATELY OWNED PARCEL IN MERGED PROJECT AREA #'1 ( FORMERLY THE RAMON - BOGIE REDEVELOPMENT PROJECT AREA) WHEREAS the Community Redevelopment Agency does own a parcel of land of approximately 14 acres in Merged Project Area#1, formerly known as the Ramon-Bogie Project Area; and WHEREAS the Agency desires to sell the parcel to a developer that can return the land to productive use and facilitate additional development in the area around the site, including the generation of sales tax for the City of Palm Springs, and WHEREAS Westar Associates, Inc. of Costa Mesa, having previously entered an Agreement with the Agency while they determine the feasibility of developing the site, including market acceptance by potential tenants, has determined that the development of the site is practical; and WHEREAS Westar Associates, Inc. has requested the Agency to enter into a new Exclusive Agreement to Negotiate for a period of six months on the parcel while they begin the process of site planning and while the remediation design is done. NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, that the Exclusive Agreement to Negotiate between the Agency and Westar Associates, Inc. is hereby approved. ADOPTED this Ath day of Septembe_. 2000. AYES: Members Hodges, Oden, Reller—Spurgin and Mayor Kleindienst NOES: Member Jones ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF�THE �CITY OF PALM SPRINGS, CALIFORNIA Assistant Secretary Chairman REVIEWED & APPROVED AS TO FORM kL-- — M �vr� RESOLUTION NO. 1111 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONTRACT WITH KEYSER MARSTON ASSOCIATES, INC. IN THE AMOUNT OF $20,000 FOR THE FINANCIAL ANALYSIS OF HOTEL-, RETAIL-, AND ENTERTAINMENT- CENTER DEVELOPMENT PROPOSALS SEEKING AGENCY ASSISTANCE. BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY of the City of Palm Springs, California, that a Contract for Services with Keyser Marston Associates, Inc., in the amount of $20,000, for the financial analysis of hotel-, retail-, and entertainment-center-related development proposals seeking Agency assistance, is approved; and the Executive Director or his designee is authorized to sign any documents related to the Contract. ADOPTED this 6th day of September , 2000. AYES: Members Oden, Reller-Spurgin and Mayor Kleindienst NOES: Members Hodges and Jones ABSENT: None ABSTAIN: None C MM T,Y{p-.eREDEVELOPMENTA�jGENCY Assistant Secretary Chairman REVIEWED &APPROVED RESOLUTION NO. 1112 ' OF THE COMMUNITY REDEVELOPMENT AGENCY' OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN EXCLUSIVE AGREEMENT TO NEGOTIATE WITH BURNETT DEVELOPMENT CORPORATION OF NEWPORT BEACH, CALIFORNIA FOR THE PURCHASE AND DEVELOPMENT OF AN AGENCY-OWNED AND CITY-OWNED PARCEL TO FACILITATE THE: DEVELOPMENT OF A SINGLE-FAMILY HOME: DEVELOPMENT IN MERGED PROJECT AREA #1 (FORMERLY PROJECT AREA#9-C) WHEREAS the Community Redevelopment Agency does own a parcel .of land of approximately 40 acres in Merged Project Area#1, formerly known as the Project Area #9-C, which is divided between a mobile home park and a 19.17+ acre vacant parcel, which it acquired from the City of Palm Springs in 1995; and WHEREAS the City of Palm Springs does own a 22.21 acre parcel adjacent to the Agency-owned parcel and which was acquired for the development of affordable housing in the City; and WHEREAS a number of developments have been constructed on the entire 100 acre City-owned parcel which have restrictive covenants on them to preserve affordability, including the mobile home park, Coyote Run, and Sunrise Norte; and WHEREAS the City of Palm Springs shall convey its 22.21 acre parcel to the Agency to facilitate the development of the combined 39.38+ acre parcel with market rate housing to ensure a demographic balance in the area; and WHEREAS the Agency desires to sell the parcel to a Burnett Development Corporation so that it can return the land to productive use and facilitate additional development in the area around the site, including the generation of tax increment and Ilow- and moderate-income housing setaside; and WHEREAS Burnett Development Corporation may ask for Agency assistance in acquiring a single land-locked parcel in the middle of their project; and WHEREAS Burnett Development Corporation has requested the Agency to enter into an Exclusive Agreement to Negotiate for a period of six months on the parcels while they determine begin the process of site planning and project approvals. C, �a - a . iy R1112 Page 2 NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, that the Exclusive Agreement to Negotiate between the Agency and Burnett Development Company is hereby approved. ADOPTED this 18th day of October , 2000. AYES: Members Hodges, Jones, Oden and Vice-Chair Reller-Spurgin NOES: None ABSENT: Chairman Kleindienst ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA Assistant Secretary Chairman REVIEWED &APPROVED AS TO FORM ��` *X 1 Cra • � - 1 � RESOLUTION NO. 1113 OF THE COMMUNITY REDEVELOPMENT AGENCY OF-rHE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN EXCLUSIVE AUTHORIZATION AND RIGHT TO SELL, LEASE OR OPTION WITH GROUP ONE SERVICES OF PALM SPRINGS AND A ONE-PARTY COMPENSATION AGREEMENT WITH INGRID BADDOUR&ASSOCIATES OF PALM SPRINGS FOR THE PROPERTY KNOWN AS THE RESERVOIR PROPERTY AND THE CASA DEL CAMINO PROPERTY AT THE SOUTHWEST CORNER OF STEVENS ROAD AND NORTH PALM CANYON DRIVE IN MERGED PROJECT AREA #1 (FORMERLY THE NORTH PALM CANYON PROJECT AREA) BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY of the City of Palm Springs, California, that a an Exclusive Authorization and Right to Sell, Lease, Exchange or Option with Group One Services of Palm Springs and a One-Party Compensation Agreement with Ingrid Baddour &Associates of Palm Springs for a property known as the Reservoir Property and the Casa del Camino Property at the southwest corner of Stevens Road and North Palm Canyon Drive is hereby approved for a period of three months, and that the Executive Director or his designee is authorized to sign any documents related to the Contract. ADOPTED this 18th day of October 2000. AYES: Members Hodges, Jones, Oden and Vice-Chair Reller-Spurgin NOES: None ABSENT: Chairman Kleindienst ABSTAIN: B� C UN,ITY RFED EV'EL�O,PMENT,AGENCY \ AAsssis^ta-ant Secretary 7Chairman REVIEWED & APPROVED crQ - c - � RESOLUTION NO. 1 > >4 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONTRACT WITH HARRELL&COMPANY ADVISORS, LLC ' TO PROVIDE FINANCIAL ADVISING SERVICES IN AN AMOUNT NOT TO EXCEED $10,000 PER YEAR PLUS COMPENSATION FOR NEW BOND ISSUES ACCORDING TO THE SCHEDULE ON EXHIBIT "B" OF THE CONTRACT - --- -- --- --- WHEREAS, the Community Redevelopment Agency has existing bond issues for which specific and on-going reports are required to be prepared and filed; and WHEREAS, the Agency is likely to have future bond issues which will require the services of a Financial Advisor; and WHEREAS, Harrell & Company Advisors, LLC has extensive knowledge of the existing Agency bond issues and of the organization and capabilities of the Agency; NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, California, as follows: Section 1. The Executive Director of the Community Redevelopment Agency is authorized to enter into a contract with Harrell & Company Advisors, LLC to provide financial advising services. Section 2. The contract amount shall not exceed $10,000 per year plus compensation for new bond issues according to the schedule on Exhibit"B" of the contract. Adopted this (,rh day of nerrmbpr . 2000. AYES: Members Hodges, Jones, Oden, Reller-spurgin and Mayor &leindienst NOES: None ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS, CALIFORNBA Assistant Secretary Chairman n/ Reviewed and Approved by: CRA *4 4 1 RESOLUTION NO. 1115 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING THE LISTING AGREEMENT FOR THE SALE OF AGENCY-OWNED PROPERTY WITH GROUP ONE REALTY WHEREAS, the Community Redevelopment Agency of the City of Palm Springs is desirous of selling certain property located in the City of Palm Springs ("Property"), and described in Exhibit"A"of this Resolution, in accordance with Government Code Section 37420 et sec.; and WHEREAS, the Community Redevelopment Agency approved a listing agreement with Group One Realty for the property on October 18, 2000, for a period of three months; and WHEREAS, pursuant to Government Code Section 37421,the Agency used a collective process and three separate real estate brokerages to determine the market value of the property; and WHEREAS, the broker has requested that the listing be extended past its expiration of January 18, 2001 for a period of twelve months, expiring on January 18, 2002. NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, as follows: Section 1. The listing agreement with Group One Realty is renewed and extended until January 18, 2002. Section 2. The Executive Director is authorized to sign all agreements and contracts related to this listing agreement or the sale of this Property. ADOPTED this 3rd day of January , 2001. AYES: Members Hodges, Jones, Oden and Reller-Spurgin NOES: None ABSENT: None ABSTAIN: Chairman Kleindienst ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Assistant ecretary Chairman REVIEWED & APPROVED RESOLUTION NO. 1116 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS AWARDING BID 01-12 TO JAMES E. SIMON COMPANY IN THE AMOUNT OF $16,470 FOR THE ' INSTALLATION OF THREE (3) DECORATIVE STREET LIGHT FOUNDATIONS LOCATED ON TAHQUITZ CANYON WAY NEAR THE CORNER OF SOUTH PALM CANYON DRIVE ----------------- BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY of the City of Palm Springs,California,that a Contract awarding Bid 01-12 to James E.Simon Company in the amount of$16,470 far the installation of three (3)decorative street light foundations located on Tahquitz Canyon Way near the corner of South Palm Canyon Drive, was approved. ADOPTED this 3rd day of January , 20&1 AYES: Members Hodges, Jones, Oden, Reller-Spurgin and Chairman Kleindienst NOES: None ABSENT: None ABSTAIN:None A PNITY REDEVELOPMENT AGENCY Assistant Secretary Chairman REVIEWED &APPROVED C RESOLUTION NO. 1117 _ OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS,, CALIFORNIA, ACCEPTING GRANTS OF INGRESS/EGRESS AND SIGN EASEMENTS FROM JOHN WESSMAN FOR THE PLAZA THEATER AND DEDICATING AN EASEMENT FOR STORAGE OF MATERIALS TO JOHN WESSMAN, IN SECTION 15, T.4 S., R. 4 E; FILE R-00-014 WHEREAS, the Community Redevelopment Agency of the City of Palm Springs is the owner of property containing the Plaza Theater; and WHEREAS, John Wessman is the owner of the courtyard immediately adjacent to the Plaza Theater and the property immediately adjacent to the north and south of said courtyard; and WHEREAS, the Community Redevelopment Agency has been granted an easement for pedestrian access across said courtyard; and WHEREAS, John Wessman has offered ingress/egress and sign easements to the Community Redevelopment Agency on property adjacent to the south and north of said courtyard; and WHEREAS, the Community Redevelopment Agency is willing to dedicate an easement adjacent to the Louise's Pantry building on the east for storage of materials to John Wessman. NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, Section 1. That the Grants of Easement to the Community Redevelopment Agency of the City of Palm Springs from John Wessman, for the purposes of ingress and egress and signs for the Plaza Theater, is hereby accepted. Section 2. That the dedication of an easement for storage of materials to John Wessman is hereby approved. Section 3. That the Assistant Secretary is hereby authorized to record said easements. ADOPTED this 17th day of January 12001 AYES: Members Hodges, Jones, Oden, and Reller—Spurgin NOES: None ABSENT: None ��rr ABSTAIN: Chairman Rliendienst ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, Assistan Secretary Chairman REVIEWED AND ADOPTED AS TO FORM:_ RESOLUTION NO. 1118 OF THE COMMUNITY REDEVELOPMENTAGENCYOF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE CONSTRUCTION OF SIDEWALK IMPROVEMENTS IN FRANCES STEVENS PARK TO EFFECTUATE THE PURPOSES OF THE REDEVELOPMENT PLAN IN THE NORTH PALM CANYON PROJECT AREA (MERGED PROJECT AREA #1) WHEREAS constructing improvements on a General Plan Street is a Class 1 exemption from CEQA, per Section 15301 of the California Code; and WHEREAS the City and Redevelopment Agency encourage the improvement of property, construction of new facilities, and retention of jobs within redevelopment areas; and WHEREAS this development will benefit the project area by serving as a catalyst for future developments in the former North Palm Canyon Redevelopment Project Area, and WHEREAS the Agency desires to implement the Redevelopment Plan for the North Palm Canyon Redevelopment Project Area, which, pursuant to Section 324, allows the Agency to construct public improvements and enter into agreements with the City or other public agencies to facilitate those improvements. NOW THEREFORE, be it resolved by the Community Redevelopment Agency of the City of Palm Springs, California, as follows: SECTION 1. That the construction of a sidewalk in Frances Stevens Park, paid for as a capital project of the Community Redevelopment Agency pursuant to Section 324 of the Redevelopment Plan, is hereby approved. ' SECTION 2. That it is appropriate for the Agency to fund construction of improvements, such as those identified in Section 1, which will benefit the community as a whole and implement the Redevelopment Plan for that Project Area. SECTION 3. That the Reimbursement Agreement between the Community Redevelopment Agency and the City of Palm Springs for the costs of the subject project is hereby approved. ADOPTED this 17th day of January 2001. AYES: Members Hodges, Oden, and Chairman Kleindieust NOES: Members Jones and Reller—Spurgin ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA "C] Assistant Secretary Chairman REVIEWED AND APPROVED: �� RESOLUTION NO. 1119 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA; APPROVING A CONTRACT WITH MRC ASSOCIATES IN THE AMOUNT OF $7,500.00, FOR THE ELECTRICAL ENGINEERING DESIGN OF THE DECORATIVE LIGHT FIXTURES ON TAHQUITZ CANYON WAY, BETWEEN INDIAN CANYON DRIVE AND AVENIDA CABALLEROS, CITY PROJECT NO. 0000=36 BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY of the City of Palm Springs, California,that contract with MRC Associates, in the arnount of$7,500.00, forthe electrical engineering design of the decorative light fixtures on Tahquitz Canyon Way, between Indian Canyon Drive and Avenida Caballeros, City Project No. 00-36, is approved. ADOPTED this 21st day of March , 2001. AYES: Members Hodges, Oden, Reller—Spurgin and Chairman Kleindienst NOES: Member Jones ABSENT: None ABSTAIN: None CES COMMUNITY EVuELOPMENT GENCY B — 1 IIrrCC�\ Assistant Secretary Chairman REVIEWED & APPROVED�/hs ✓ _ RESOLUTION NO. 1120 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT WITH JOHN WESSMAN, DBA WESSMAN DEVELOPMENT COMPANY, PROVIDING REHABILITATION ASSISTANCE IN THE AMOUNT OF $100,000 FOR PROPERTY IMPROVEMENTS AT A SHOPPING CENTER AT 1555 SOUTH PALM CANYON DRIVE, MERGED PROJECT AREA#1 ------------------- WHEREAS, the Community Redevelopment Agency of the City of Palm Springs, California ("Agency") is constituted under the Community Redevelopment Law (California Health and Safety Code Section 33000 et. se to carry out the purpose as the redevelopment in the City of Palm Springs ("the City"); and WHEREAS, Wessman Development Company has requested Agency financial assistance in their efforts to re-tenant and upgrade Plaza Del Sol at 1555 South Palm Canyon Drive, in order to attract a quality national department store to Palm Springs, make the center a more profitable facility for the owner, the other tenants, and the City, and increase the level of employment; and WHEREAS, re-leasing of the anchor tenant space in the center will create additional sales tax revenue for the City, as well as create additional jobs for residents of the City, therefore improving the City's ability to provide services to all its residents, as well as overall living conditions for low and moderate income households in the City; and WHEREAS, Section 33000 et. seq. of the California Health & Safety Code (CRL), allows ' Agencies to assist with the financing of improvements in redevelopment project areas, if the financing is otherwise unavailable in the private sector; and WHEREAS, the California Redevelopment Law requires certain findings before the Agency can enter into this Amendment, as follows: a) Section 33421.1 - that the City Council find that the provision of such improvements will effectuate the Redevelopment Plan; b) Section 33445 - that the City Council find that the improvements benefit the Project Area; that no other means of financing the improvements are available; that payment of the funds will assist in eliminating blight, and that assistance to the project is consistent with the Agency's adopted Five Year Implementation Plan. WHEREAS, the Agency has considered the staff report, and all the information, testimony and evidence provided at its regularly scheduled meeting of April 4, 2001. NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs as follows: SECTION 1. The above recitals are true and correct and incorporated herein. CRA A-s 3 Resolution 1120 Page 2 SECTION 2. Pursuant to the California Environmental Quality Act (CEQA), the Community Redevelopment Agency finds as follows: a) In connection with the approval of the DDA, the project is Categorically Exempt because all the work is to occur on existing facilities and there are no changes in the effects of the proposed project or the circumstances in which it is being carried out which require any modification of the Categorical Exemption. b) The Agency finds that the Planning Commission adequately discussed the potential significant environmental effects of the proposed project (land use, traffic/circulation, parking, air quality, noise, aesthetics, gecdogy/soils, water quality, drainage, public utilities, public safety, archaeological/historic resources and light and glare). The Community Redevelopment Agency further finds that the Categorical Exemption reflects its independent judgment. SECTION 3. The Developer proposed to construct new tenant improvements in the 37,467 s.f. space now known as Stein Mart to accomplish the conversion of the space from a vacant grocery store to a quality department store, including new flooring,, walls, mechanical systems, ceilings, and signage. These improvements are now constructed. SECTION 4. The Agency proposes, through this Owner Participation Agreement, to rebate approximately one-third of the Owners Net Annual Shortfall attributed to the redevelopment of the space and the re-leasing of the space to Stein Mart, to the Owner, in an amount not to exceed $20,000 per year for a period of five years. The Owner, in turn, shall demonstrate that he has constructed the improvements as described in Section 3 of this resolution, at a cost of at least Seven Hundred Forty-Nine Thousand Dollars ($749,000), and that the Owner has incurred other costs of leasing to Stein Mart of at least One-Hundred Twelve Thousand Dollars ($112,000). The Owner shall further demonstrate that he has received an amount equal to $337,870 from Ralphs Grocery Company as a final payment that terminated their lease. The Agency shall participate in the cost of the improvements, as described in Section 3 of this resolution, by rebating annually to the Owner an amount up to One Hundred Thousand Dollars ($100,000) using tax increment from Merged Project Area #1. The annual amount rebated for the cost of the improvements shall be determined by the sales performance of the Stein Mart store, based on a formula included in the OPA. The agreement shall be for a period of five (5) years. SECTION 5. The Agency does hereby find and determine as follows: (a) The property was originally developed in the 1980's and was,occupied by Ralphs Grocery until the 1990's when it departed; several other grocery chains have evaluated the site for expansion but Resolution 1120 Page 3 have declined to lease the space for market reasons. (b) The OPA effectuates the purposes of the Community Redevelopment Law by reversing or alleviating any serious physical, social, and economic burden of the Community which cannot reasonably be expected to be reversed or alleviated by private enterprise acting alone, in that the assistance will facilitate the redevelopment and operation of the shopping center by causing the reconstruction and upgrade of the property and locating at the property a first class retail tenant, in order to increase sales tax revenue and attract additional commercial development within the City and increase the City's tax base. (c) The OPA effectuates the purposes of the Community Redevelopment Law as it is intended to eliminate blight and promote the health, safety and general welfare of the people of Palm Springs. SECTION 6. The proposed project is consistent with the Implementation Plan for this area, insofar as this project will increase tax increment and will expand retail opportunities. It will increase the City's commercial sector by locating a major retail business in the City, in order to capture a portion of the significant sales tax leakage that occurs in Palm Springs. SECTION 7. Based on foregoing reasons, this OPA is hereby approved and incorporated herein by this reference. SECTION S. The Chairman of the Agency is authorized to execute all necessary documents, in a form approved by the Agency Counsel. ADOPTED this 4th day of April 2001. AYES: Members Hodges, Jones, Oden and Reller-Spurgin NOES: None ABSENT: None Abstain: Chairman Kleindienst ATTEST: COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS, CALIFORNIA Assistant Secretary Chairman REVIEWED & APPROVED RESOLUTION NO. 1121 OF THE COMMUNITY REDEVELOPMENTAGENCYOFTHE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT #1 TO A CONTRACT WITH DESERT JANITOR CO. IN THE AMOUNT OF $2,785 FOR THE CLEAN UP OF A VACANT AGENCY-OWNED PROPERTY ON NORTH SUNRISE WAY, BRINGING THE TOTAL CONTRACT AMOUNT TO $7,085. BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY of the City of Palm Springs, California, that Amendment#1 to a Contract for Services with Desert Janitor Co., in the amount of $2,785, for the clean up of a vacant Agency-owned property on North Sunrise Way, bringing the total contract amount to $7,085, is approved. ADOPTED this 4th day of April 2001 AYES: Members Hodges, Jones, Oden, Reller-Spurgin and Chairman Rleindienst NOES: None ABSENT: None ABSTAIN: None EST: \ (/ COMMUNITY REDEVELOPMENT AGENCY Assistant Secretary Chairman REVIEWED &APPROVED RESOLUTION NO. 1122 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE LANDSCAPE IMPROVEMENTS IN FRANCES STEVENS PARK TO EFFECTUATE THE PURPOSES OF THE REDEVELOPMENT PLAN IN THE NORTH PALM CANYON PROJECT AREA (MERGED PROJECT AREA#1) -- - ------ - ---- ' WHEREAS constructing improvements on a General Plan Street is a Class 1 exemption from CEQA, per Section 15301 of the California Code; and WHEREAS the City and Redevelopment Agency encourage the improvement of property, construction of new facilities, and retention of jobs within redevelopment areas; and WHEREAS this development will benefit the project area by serving as a catalyst for future developments in the former North Palm Canyon Redevelopment Project Area, and WHEREAS the Agency desires to implement the Redevelopment Plan for the North Palm Canyon Redevelopment Project Area, which, pursuant to Section 324, allows the Agency to construct public improvements and enter into agreements with the City or other public agencies to facilitate those improvements. NOW THEREFORE, be it resolved by the Community Redevelopment Agency of the City of Palm Springs, California, as follows: SECTION 1. That landscape improvements in Frances Stevens Park, paid for as a capital project of the Community Redevelopment Agency pursuant to Section 324 of the Redevelopment Plan, are hereby approved. SECTION 2. That it is appropriate for the Agency to fund improvements, such as those identified in Section 1, which will benefit the community as a whole and implement the Redevelopment Plan for that Project Area. SECTION 3. That the Reimbursement Agreement between the Community Redevelopment Agency and the City of Palm Springs for the costs of the subject project is hereby approved. ADOPTED this 11 rh day of Apri 1 , 2001. AYES: Agency Members Hodges, Oden, Reller-Spurgin and Chairman Rleindienst NOES: Agency Member Jones ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA B —Q'A' A Assistant Secretary Chairman REVIEWED AND APPROVED: RESOLUTION NO. 1123 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR THE 2000-01 FISCAL YEAR.' WHEREAS Resolution 1101 approving the budget for the fiscal year 2000-01 was adopted on June 14, 2000; and WHEREAS the Executive Director has recommended, and the Agency desires to approve, certain amendments to said budget; NOW THEREFORE BE IT RESOLVED that the Director of Finance is authorized to record inter- fund cash transfers as required in accordance with this Resolution, and that Resolution 1101, adopting the budget for the 2000-01 fiscal year is hereby amended as follows: SECTION 1. ADDITIONS FUND Activity Account Amount No. 811 8191 65139 $52,000 Title:Merged Area#1 Frances Stevens Art Academy Purpose: To provide funds for payment for landscape improvements related to Frances Stevens Park Fountain. SECTION 2. SOURCE — FUND Activity Account Amount No. 811 302 $52,000 Title:Merged Area#1 'Fund balance Adopted this 1 1 th day of Anri 1 2001. AYES: Agency Members Hodges, Oden, 'Reller-Spurgin and Chairman Rleindienst NOES: Agency Member Jones ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY F THE CITY OF PALM SPRINGS Assistant Secretary Chairman 1co REVIEWED AND APPROVED AS TO FORM __ RESOLUTION NO. 1124 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONTRACT WITH DOZIER APPRAISAL COMPANY OF PALM DESERT, CALIFORNIA, IN THE AMOUNT OF $15,000.00, FOR APPRAISAL SERVICES ON THE DESERT FASHION PLAZA PROPERTY,APN 513-560-002, 004, 007, 008, 009 BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY of the City of Palm Springs, California, that a contract with Dozier Appraisal Company of Palm Desert, California, in the amount of$15,000.00, for Appraisal Services on the Desert Fashion Plaza Property, is approved and the Executive Director or his designee is authorized to sign any documents related to the Contract. ADOPTED this i I rh day of April 2001 AYES: Agency Members Hodges, Jones, Oden, Reller—Spurgin and Chairman %leindienst NOES: None ABSENT: None A�EST- MMUNITY REDEVELOPME T AGENCY Assistant Secretary Chairman REVIEWED & APPROVED a � i RESOLUTION,NO. 1125 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, CANCELLING AGREEMENT NO. 416C WITH MRC ASSOCIATES, IN THE AMOUNT OF $7,500.00, AND APPROVING A CONTRACT WITH DAHL, TAYLOR AND ASSOCIATES,INC.,IN THE AMOUNT OF$15,800.00, FOR THE ELECTRICAL ENGINEERING DESIGN OF THE DECORATIVE LIGHT FIXTURES ON TAHQUfTZ CANYON WAY, BETWEEN INDIAN CANYON DRIVE AND AVENIDA CABALLEROS, CITY PROJECT NO. 00-36 WHEREAS, the Community Redevelopment Agency awarded a design contract to MRC Associates, in the amount of$7,500.00 on March 21, 2001, as Agreement No. 416C; and WHEREAS, the City Attorney of the City of Palm Springs has reviewed the relevant facts regarding Agreement No. 416C; and WHEREAS, the City Attorney has rendered an opinion that argument can be made that MRC Associates' contract with the Community Redevelopment Agency represents a conflict of interest and a violation of Government Code Section 1090. NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, California, that Agreement No. 416C with MRC Associates, in the amount of$7,500.00, is hereby cancelled; that a contract with Dahl, Taylor&Associates, Inc., in the amount of $15,800.00, for the electrical engineering design of the decorative light fixtures on Tahquitz Canyon Way, between Indian Canyon Drive and Avenida Caballeros, City Project No. 00-36, is approved; and, that the Executive Director is hereby authorized to execute all documents relating to the implementation of this contract. ADOPTED this 16th day of May 2001. AYES: Members Hodges, Reller-Spurgin and Vice-Chairman Odeu NOES: Member Jones ABSENT: Chairman Rleindienst r COMIv4U Y ITYRFDEVELOPMENTAGEN Assistant Secretary Chairman REVIEWED & APPROVED: e. 4*4 Frr1faDLO OX, ZV 6,2, Resolution No. 1126 63 p OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A BUDGET FOR THE FISCAL YEAR 2001-2002 1 WHEREAS, a budget for the fiscal year 2001-2002 has been prepared by the Community Redevelopment Agency, Redevelopment Director, and the Agency Treasurer; and WHEREAS, the Community Redevelopment Agency has examined said budgets and conferred with the Community Redevelopment Agency Director; and WHEREAS, the Community Redevelopment Agency, after due deliberation and consideration, agrees with the budget recommended; NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs as follows: Section 1. That the budget in the amount of$7,180,526 be approved for the following purposes Capital &Admin. Debt Service Merged Area No. 1 $ 389,932 $ 2,913,225 Merged Area No. 2 232,918 2,259,467 Low& Mod. Income Housing 539,860 507,024 Plaza Theatre 338,100 0 $1,500,810 $ 5,679,716 1 Section 2. That the budget for the Debt Service for the 1994 Series A & B bond issue, which amount is already included in the above Merged Areas debt service, is $1,685,105; and is budgeted as an accounting control only. Section 3. That the Finance Director of the City of Palm Springs is authorized to record the budget and such other accounting entries as may be necessary for proper accounting treatment in accordance with rules and regulations applicable to other City of Palm Springs funds. 1 CRA Resolution No. i i 2F Page 2 ADOPTED this 6th day of June 2001. AYES: Agency Members Hodges, Jones, Oden, Reller-Spurgin and Chairman %leind st NOES: None ABSENTS: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS, CALIFORNIA Assistant Secretary Chairman REVIEWED &APPROVED C kA - �2 RESOLUTION NO. 1127 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 1 TOAN EXCLUSIVE AGREEMENT TO NEGOTIATE WITH BURNETT DEVELOPMENT CORPORATION OF NEWPORT BEACH, CALIFORNIA FOR THE PURCHASE AND DEVELOPMENT OF AN AGENCY-OWNED AND CITY- OWNED PARCEL TO FACILITATE THE DEVELOPMENT OF A SINGLE-FAMILY HOME DEVELOPMENT WHEREAS the Community Redevelopment Agency does own a parcel of land of approximately 40 acres, which is divided between a mobile home park and a 19.17+ acre vacant parcel, which it acquired from the City of Palm Springs in 1995; and WHEREAS the City of Palm Springs does own a 22.21 acre parcel adjacent to the Agency-owned parcel and which was acquired for the development of affordable housing in the City; and WHEREAS a number of developments have been constructed on the entire 100 acre City-owned parcel which have restrictive covenants on them to preserve affordability, including the mobile home park, Coyote Run, and Sunrise Norte; and WHEREAS the City of Palm Springs shall'convey its 22.21 acre parcel to the Agency to facilitate the development of the combined 39.38+ acre parcel with market rate housing to ensure a demographic balance in the area; and ' WHEREAS the Agency desires to sell the parcel to a Burnett Development Corporation so that it can return the land to productive use and facilitate additional development in the area around the site, including the generation of tax increment and low- and moderate-income housing set-aside; and WHEREAS the Agency and Burnett Development Corporation entered into an Exclusive Agreement to Negotiate in November, 2000 for a period of six months while the Developer undertook site planning and project approvals, but the Developer finds he needs an additional six months to complete the Planning approvals and negotiation of the DDA. Resolution 1127 Page 2 NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, that Amendment No. 1 to the Exclusive Agreement to Negotiate between the Agency and Burnett Development Corporation in a form approved to the Agency Counsel, is hereby approved. ADOPTED this 6th day of June , 2001,. AYES: Agency Members Hodges, Jones, Oden, Reller-Spurgin and Chairman Rlei us NOES: None ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF yTHE CITY OF �pPALM SPRINGS, CALIFORNIA Assistant Secretary chairman REVIEWED &APPROVED AS TO FORM C941 RESOLUTION NO. 1128 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING A CONTRACT WITH DOZIER AP- PRAISAL COMPANY OF PALM DESERT, CALIFOR- NIA IN THE AMOUNT OF $15,500.00 FOR PROP- ERTY APPRAISAL SERVICES IN REGARD TO A PARKING STRUCTURE PROPOSED FOR THE WEST SIDE OF THE 200 SOUTH INDIAN CANYON DRIVE BLOCK IN DOWNTOWN PALM SPRINGS. WHEREAS the "Downtown Parking Think Tank" has issued its parking recommen- dations, including a proposed parking structure located along the west side of Indian Canyon Drive between Arenas Road on the north and Baristo road on the south; and WHEREAS City Council as well as the business and property owners in the area affected by this project require more detailed design and cost information in order to evaluate the feasibility of this project; and WHEREAS City Council has expressed a desire to receive more detailed design and cost information in regard to the feasibility of this parking structure, NOW THERE BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY of the City of Palm Springs, California that Amendment Number One of a contract with Dozier Appraisal Services of Palm Desert, California in the amount of $15,500.00 for Appraisal Services in regard to a proposed parking structure to be located along the west side of the 200 South Indian Canyon Drive block in down- town Palm Springs is approved, and the Executive Director or his designee is authorized to sign any documents related to the Contract. ADOPTED this 6th day of June, 2001. AYES: Agency Members Hodges, Jones, Oden, Reller-Spurgin and Chairman Kleindienst NOES: None ABSENT: None ATT-EST: COMMUNITY EDEVELOPME�T AGENCY Assistant Secretary Chairman REVIEWED & APPROVED RESOLUTION NO. 1129 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT WITH GARDEN SPRINGS APARTMENTS,ACALIFORNIA LIMITED LIABILITY PARTNERSHIP TO EFFECTUATE THE DEVELOPMENT OF A LOW-INCOME APARTMENT COMPLEX AT THE SOUTHEAST CORNER OF INDIAN CANYON DRIVE AND :SAN RAFAEL ROAD WHEREAS, the Community Redevelopment,Agency of the City of Palm Springs (the "Agency")has established an affordable housing setaside fund in accordance with Section 33000 et. seq. of the California Health and Safety Code; and WHEREAS, the funds are earmarked for the acquisition, construction, or rehabilitation of affordable housing to benefit the community; and WHEREAS, the Garden Springs Apartments, proposed for low-income families, was approved in January 2000 by the Palm Springs City Council; and WHEREAS, the property developers, CBM 96, LLC, sought Agency financial assistance to cover the cost of undergrounding utilities, estimated to be up to $650,000; and WHEREAS, the property developers, CBM 96, LLC and Garden Springs Apartments, a California Limited Partnership,are resubmitting a tax credit application to the California Tax Credit Allocation Committee for the June 15, 2001 application round and have requested Agency assistance to strengthen the application; and WHEREAS, Section 33430 of the Community;Redevelopment Law allows that an agency may, "for purposes of redevelopment, sell, lease, for a period not to exceed 99 years, e exchange, subdivide, transfer, assign, pledge, encumber by mortgage, deed of trust, or otherwise, or otherwise dispose of any real or personal property or any interest in property;" and WHEREAS, the owners shall agree to restrict, though a Regulatory Agreement approved as an attachment to the Disposition and Development Agreement, the rents on 49%of the proposed units(29)to levels affordable to families with incomes no more than 60%of Area Median Income (AMI); and WHEREAS, a Notice of Public Hearing concerning the Disposition and Development Agreement was published in accordance with applicable law; and WHEREAS,the Agency has considered the staff report, and all the information,testimony and evidence provided during the public hearing on June 13, 2001. NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, as follows: SECTION 1. The above recitals are true and correct and incorporated herein. SECTION 2. Pursuant to the California Environmental Quality Act (CEQA), the Community Redevelopment Agency finds as follows: Res. No. 1129 Page 2 a) The City Council adopted a Mitigated Negative Declaration for the project based on the preparation of an Initial Study and the recommendation of the Planning Commission. Mitigation measures are included in the project design and adopted as part of the Conditions of Approval for the Project. ' b) TheAgencyfinds thatthe Planning Commission adequately discussed the potential significant environmental effects of the proposed project(land use,traffic/circulation,parking,air quality, noise, aesthetics, geology/soils, water quality, drainage, public utilities, public services, archaeological/historic resources, public controversy, and light and glare). The Community Redevelopment Agency further finds that the Mitigated Negative Declaration reflects its independent judgment. SECTION 3. The Developer has proposed building 60 low-and very low-income apartment units on the site, including 28 two-bedroom units, 24 three-bedroom units, and 8 four-bedroom units ranging in size from 904 square feet to 1,403 square feet. The 60 units will be contained in four two-story buildings, with each building containing from 12 to 16 units. The project,while receiving several reductions in development standards and a density bonus required under Section 65915 of the California Government Code, contains significant architectural and landscaping upgrades as well a day care center and tot lot. This project helps the City meet its requirements to provide affordable housing under California law. SECTION 4. The Agency agrees, through this Disposition and Development ' Agreement,to pay the Developer$500,000 for the 3.63 acre site as well as an additional$500,000 spread over five payments once the construction on the project commences. The Agency agrees to contribute the land to the project when the project is fully funded, all permits have been obtained, and the Developer is prepared to commence construction. The Agency would retain reverter rights if the Developer fails to proceed or complete the project. In addition, the Agency agrees to assist the Developer in applying for Low Income Housing Tax Credits. The Agreement also contains language that limits the Developer's utility undergrounding cost to $150,000. The undergrounding shall be limited, to the extent technically possible, to the Developers own frontage along Indian Canyon Drive, without crossing any streets. If the cost of the necessary undergrounding exceeds the $150,000 amount, the Agency shall cover the difference. SECTION 5. The Agency does hereby find and determine as follows: a) The project was originally approved by the City Council on January 19, 2000. In February, 2000 the Developers requested Community Redevelopment Agency assistance, specifically related to the cost of undergrounding the utility lines that surround the property. The undergrounding Res. No. 1129 Page 3 portion was part of the Engineering Conditions of Approval when the City Council approved the project. The estimated cost of the 'undergrounding, as calculated by the Developer's utility consultant, was $650,300. b) The project was delayed from February into April because of a citizen's petition asking to overturn the approval. The decision not to place the issue on a special election ballot, based on California law, was made by the Council in April, but project construction did notget underway until nearlythe end of June. By early August, the general partner determined that because of the IRS'absolute December 3l, 2000 completion deadline for receipt of their 9% tax credits it was more financially prudent to shut down the project than to continue. c) The Developer has sought since August,2000 to restructure the project financing in order to complete the project. The Developer intends to reapply for 9% credits (LIHTC), and Agency financial participation in the project will make the developer's LIHTC application much stronger and make the project more likely to be built. d) The DDA is structured according to a Settlement Agreement negotiated by the City and Garden Springs Apartments to settle litigation brought by the Developer against the City of Palm Springs. e) The DDA effectuates the purposes of the Community Redevelopment Law by assisting in the development of housing affordable to families with incomes below 60% of Area Median Income and preserving the affordability of that housing for a period of 55 years. f) The DDA effectuates the purposes of the Community Redevelopment Law as it is intended to eliminate blight and promote the health, safety and general welfare of the people of Palm Springs. SECTION 6. The proposed project is consistent with the Implementation Plan for the Palm Springs Community Redevelopment Agency, insofar as this project will provide additional housing for persons of low- or moderate income within the City of Palm Springs. SECTION 7. Based on foregoing reasons, this DDA with Garden Springs Apartments, a California Limited Partnership, is hereby approved and incorporated herein by this reference. Res. No. 1129 Page 4 SECTION S. The Chairman, or his designee, is hereby authorized to execute on behalf of the Agency the Disposition and Development Agreement and other documents necessary to the Agreement,and make minor changes as may be deemed necessary, in a form approved by Agency Counsel. ADOPTED this 13th day of June , 2001. ' AYES: Agency Members Jones, Oden, Reller—Spurgin, and Chairman Rleindienst NOES: Agency Member Hodges ABSENT: None ATTE COMMUNITY REDEVELOPMENT AGENCY F THE CITY OF`,PALM SPRINGALIFORNIA B 7 Ib Assistant Secretary Chairman REVIEWED & APPROVED AS TO FORM RESOLUTION NO. 1130 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS!, CALIFORNIA, AMENDING THE BUDGET FOR THE 2000-01 FISCAL YEAR. ------------- WHEREAS Resolution 1101 approving the budget for the fiscal year 2000-01 was adopted on June 14, 2000; and WHEREAS the Executive Director has recommended, and the Agency desires to approve, certain amendments to said budget; NOW THEREFORE BE IT RESOLVED that the Director of Finance is authorized to record inter-fund cash transfers as required in accordance with this Resolution, and that Resolution 1101, adopting the budget for the 2000-01 fiscal.year is hereby amended as follows: SECTION 1. ADDITIONS Fund Activity Account Amount No: 882 8382 Garden Springs $500,000 Apartments DDA Title: Low/Mod Housing Purpose: To provide financial assistance to the Garden Springs Apartments project SECTION 2. SOURCE Fund Activity Account Amount No: 882 Fund Balance $500,000 Title: Low/Mod Housing Adopted this i Ar day of June , 2001. AYES: Agency Members Jones, Oden; Reller-Spurg:in and Chairman Kleindienst NOES: Agency Hodges ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY O THE CITY OF PALM SPRINGS BQ1- W "QQ +�lP2x� Assistant Secretary Chairman _ REVIEWED AND APPROVED: — �� RESOLUTION NO. 1131 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS AUTHORIZING AND DIRECTING THE ' ISSUANCE OF NOT TO EXCEED $6,000,000 PRINCIPAL AMOUNT OF ITS 2001 HOUSING TAX ALLOCATION BONDS, THE APPROVAL OF A PURCHASE CONTRACT FOR THE PURCHASE THEREOF, AND AUTHORIZING CERTAIN OTHER OFFICIAL ACTIONS AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO WHEREAS, the Community Redevelopment Agency of the City of Palm Springs (the "Agency") is a redevelopment agency, a public body, corporate and politic duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the Community Redevelopment Law, being Part 1 of Division 24 (commencing with Section 33000) of the Health and Safety Code of the State of California (the "Law") and the powers of such agency include the power to incur indebtedness for the purpose of financing and refinancing redevelopment activities within and of benefit to its redevelopment project areas and to issue bonds for any of its corporate powers; and WHEREAS, the City of Palm Springs Financing Authority (the "Authority") is a Joint Powers Authority (a public body, corporate and politic) duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the Joint Powers Law (Articles 1 through 4 of Chapter 5, Division 7, Title 1 of the California Government Code); and WHEREAS, $14,030,000 aggregate principal amount of the Authority's Revenue (Tax Allocation) Bonds, 1991 Series B (Agency Loans) (the "1991 Bonds") were sold and delivered on September 5, 1991; and WHEREAS, the Authority loaned the proceeds of the 1991 Bonds to the Agency for deposit in the Low and Moderate Income Housing Fund (the "Housing Loan") and for deposit in the Redevelopment Fund (the "Project Loans") under and pursuant to a loan agreement, dated as of September 1, 1991 (the"1991 Loan Agreement"); and WHEREAS, a portion of the 1991 Bonds relating to the Project Loans were previously refunded and the Agency now finds it desirable to issue its 2001 Housing Tax Allocation Bonds (the "2001 Bonds") for the purpose, among others, of prepaying the Housing Loan under the 1991 Loan Agreement; and WHEREAS, the prepayment under the 1991 Loan Agreement will result in the refunding of the outstanding 1991 Bonds; and Resolution No. 1131 Page 2 WHEREAS, the Agency finds and determines that it is within the authority of the Agency and is a public purpose that the Agency approve the delivery and sale of the 2001 Bonds for said purposes and that there are significant', public benefits arising from the taking of such action; and WHEREAS, in connection with the marketing of the 2001 Bonds, it is now necessary and desirable to approve the form of the Indenture, the Escrow Deposit Agreement, and the Preliminary Official Statement with respect to the 2001 Bonds, and take certain other action with regard to the marketing of the 2001 Bonds. NOW, THEREFORE, BE IT RESOLVED, by the Community Redevelopment Agency of the City of Palm Springs, as follows: SECTION 1. The above recitals are true and correct. SECTION 2. Pursuant to the Law, the Authority hereby approves the issuance of the 2001 Bonds in an aggregate principal amount ofnot to exceed $6,000,000. SECTION 3. That the form of the Indenture, dated as of July 1, 2001, by and among BNY Western Trust Company, as trustee (the "Trustee"), and the Agency, a copy of which is on file with the Secretary of Agency, be and is hereby approved in substantially the form thereof or with such changes as may be approved by the, Chairperson or Vice Chairperson or Executive Director or Treasurer of the Agency, said Chairperson's or Vice Chairperson's or Executive Director's or Treasurer's execution thereof to constitute conclusive evidence of said officer's approval of all such changes, and the Chairperson or Vice Chairperson or Executive Director or Treasurer of the Agency be and is hereby authorized, together or alone, to execute and deliver said Agreement. SECTION 4. That the form of Escrow Deposit and Trust Agreement, dated as of July 1, 2001, by and between BNY Western Trust Company, as Escrow Bank, the Agency and the Authority, a copy of which is on file with the Secretary of the Agency, be and is hereby approved in substantially the form thereof, or with such changes as may be approved by the Chairperson or Vice Chairperson or Executive Director or Treasurer of the Agency, said Chairperson's or Vice Chairperson's or Executive Director's or Treasurer's execution thereof to constitute conclusive evidence of said officer's approval of all such changes, and the Chairperson or Vice Chairperson or Executive Director or Treasurer of the Agency be and is hereby authorized, together or alone, to execute and deliver said Agreement. SECTION 5. That the form of Contract of Purchase relating to the purchase of the 2001 Bonds by Stone & Youngberg, LLC, a copy of which is on file with the Secretary of the Agency, be and is hereby approved in the form thereof, or with such changes as may be approved by the Chairperson or any Vice Chairperson or Executive Director or Treasurer of the Agency, said Chairperson's and Vice Chairperson's or Executive Director's or Treasurer's execution thereof to constitute conclusive evidence of said officer's approval of all such changes, and the Chairperson or any Vice Chairperson or Executive Director or Treasurer of the Agency be and is hereby authorized, together or alone, to execute and deliver said Agreement and to insert in each IRV#12258 v1 -2- �� �z Resolution No. 1131 Page 3 of the aforesaid Agreement the dollar amount which reflects the provisions of said Contract of Purchase. Provided, however, that (1) the aggregate principal amount of the 2001 Bonds shall not exceed $6,000,000; and (2) the Agency shall have received from Stone & Youngberg, LLC, prior to the sale of the 2001 Bonds, its written confirmation that the 2001 Bonds will have a True ' Interest Cost of not more than 7%, with an initial underwriter's discount of no more than 1.50%Code. SECTION 6. That the Preliminary Official Statement relating to the 2001 Bonds is approved for distribution by the underwriter, to municipal bond broker-dealers, to banking institutions, and to members of the general public who may be interested in purchasing the 2001 Bonds. The Executive Director or Assistant Executive Director or Treasurer is authorized to approve the amendment of the Preliminary Official Statement, from time to time, pending distribution of the Preliminary Official Statement as shall be required to cause such Preliminary Official Statement to contain any further information necessary to accurately describe the 2001 Bonds and the Agency's Executive Director or Assistant Executive Director or Treasurer is authorized to deem final the Preliminary Official Statement as of its date for the purpose of Rule 15c2-12 under the Securities Exchange Act of 1934 as amended. The final Official Statement relating to the 2001 Bonds shall be submitted to the Executive Director or the Assistant Executive Director or Treasurer of the Agency for approval. SECTION 7. That the form of the Continuing Disclosure Agreement, dated as of July 1, 2001, executed and delivered by the Agency and BNY Western Trust Company, as Trustee and acting in its capacity as Dissemination Agent thereunder, a copy of which is on file with the Secretary of the Agency, be and is hereby approved in substantially the form thereof, or with such changes as may be approved by the Chairperson or Vice Chairperson or Executive Director or Treasurer of the Agency, said Chairperson's or Vice Chairperson's or Executive Director's or Treasurer's execution thereof to constitute conclusive evidence of said officer's approval of all such changes, and the Chairperson or Vice Chairperson or Executive Director or Treasurer of the Agency be and is hereby authorized, together or alone, to execute and deliver said Agreement. SECTION 8. The financing consultant firm of Harrell & Company Advisors, LLC, Orange, California, is hereby appointed as financial advisor to the Agency with respect to the 2001 Bonds. SECTION 9. The law firm of Burke, Williams & Sorensen, LLP, Irvine, California, is hereby appointed as Bond Counsel with respect to the 2001 Bonds. SECTION 10. The law firm of Jones Hall, San Francisco, California, is hereby appointed as Disclosure Counsel with respect to the 2001 Bonds. SECTION 11. That the Chairperson, Vice Chairperson, Secretary, Treasurer and Executive Director and other authorized officers of the Agency be and are hereby each authorized to execute and deliver such certificates, requests, statements, agreements and other documents and to take such other action as may be necessary to consummate the transactions contemplated by each aforesaid Agreement. IRV#12258 A _3_ Resolution No. 1131 Page 4 SECTION 12. This resolution shall take effect and be enforceable immediately upon its adoption. ADOPTED THIS 2othday of June 2001. AYES: Members Hodges, Jones, Oden; Reller—Spurgin and Chairman %leindienst NOES: Members None ABSENT: Members None ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS B� Asst. Secretary Chairman REVIEWED & APPROVED �— e IRV#12258 vi -4- RESOLUTION NO. 1132 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR THE 2000-01 FISCAL YEAR. ' WHEREAS Resolution 1101 approving the budget for the fiscal year 2000-01 was adopted on June 14, 2000; and WHEREAS the Executive Director has recommended, and the Agency desires to approve, certain amendments to said budget; NOW THEREFORE BE IT RESOLVED that the Director of Finance is authorized to record inter-fund cash transfers as required in accordance with this Resolution, and that Resolution 1101, adopting the budget for the 2000-01 fiscal year is hereby amended as follows: SECTION 1. ADDITIONS FUND Activity Account Amount No. 001 12416 $300,000 Title: General Fund Redevelopment Agency Loans Receivable Purpose: New loan to Merged Area #1 to cover on-going administration costs at 6%, effective 6/21/01. ' SECTION 2. SOURCE Merged Area #1 is concurrently paying back $300,000 in loans from the General Fund. FUND Activity Account Amount No. 811 29301 $300,000 Title: Merged Area#1 Capital Project Fund Balance Adopted this loth day of June , 2001 AYES: Members Hodges, Jones, Oden, Reller-Spurgin and Chairman Rleindienst NOES: None ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY F THE CITY OF PALM SPRINGS BX As �Lllrt sistant Secretary Chairman REVIEWED AND APPROVED AS TO FORM RESOLUTION NO. 1133 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR THE 2000-01 FISCAL YEAR. WHEREAS Resolution 1101 approving the budget for the fiscal year 2000-01 was adopted on June 14, 2000; and WHEREAS the Executive Director has recommended, and the Agency desires to approve, certain amendments to said budget; NOW THEREFORE BE IT RESOLVED that the Director of Finance is authorized to record inter-fund cash transfers as required in accordance with this Resolution, and that Resolution 1101, adopting the budget for the 2000-01 fiscal year is hereby amended as follows: SECTION 1. ADDITIONS FUND Activity Account Amount No. 851 8204 49625 $300,000 Title: Merged Area#1 Debt Service N. Palm Canyon City Loan Principal Purpose: Pay back$300,000 in loans from the General Fund effective 6/21/01. SECTION 2. SOURCE Surplus funds from Tax Increment have accumulated in Fund Balance. FUND Activity Account _ Amount e No. 001 12416 $300,000 Title: General Fund Redevelopment Agency Loans Receivable Adopted this 20th day of June , 2001 AYES: Members Hodges, Jones, Oden, Reller—Spurgin and Chairman Kleindienst NOES: None ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY i OF THE CITY OF PALM SPRINGS Assistant Se etary Chairman REVIEWED AND APPROVED AS TO FORM RESOLUTION NO. 1134 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CONTINUING APPROPRIATIONS FROM FISCAL YEAR 2000-01 TO THE FISCAL YEAR 2001-02. WHEREAS the City Council of the City of Palm Springs has adopted a budget for the 2001-02 fiscal year; and ' WHEREAS certain projects budgeted in the 2000-01 fiscal year budget have been started but not completed; and WHEREAS the unencumbered balances of those certain appropriations are necessary for completion of the projects; NOW THEREFORE BE IT RESOLVED that the City Council of the City of Palm Springs hereby authorizes the carrying forward to the nearest dollar, as continuing appropriations into the 2001-02 fiscal year, the amount indicated or the final audited unencumbered balances, whichever is the lesser amount, as of June 30, 2001 of the following accounts: ACCOUNT NO: ACCOUNT TITLE AMOUNT 81 1-81 91-651 1 1 Frances Stevens Festival Center $ 6,832 811-8191-65116 Uptown Lighting Program 2,599 8 1 1-81 91-651 27 Rudnick Building Demo 2,601 811-8191-65128 Palm Tree Wells Raising 22,500 811-8191-65131 E Palm Canyon Light Fixtures 9,557 811-8191-65134 Radio Road Improve Phase II 10,859 812-8192-65130 E Tahquitz Light Fixtures 78,731 ' 882-8382-65000 Realocation Assistance 34,929 882-8382-65107 Sect 202 Senior Housing 31,870 882-8382-65121 Cottonwood/Chuckwalla SFR 188,500 882-8382-65122 SFR Rehab Program 895,785 882-8382-65126 Heritage Apts. OPA 333,026 882-8382-65135 Burnett Development DDA 15,250 882-8382-65140 Garden Springs Apartments DDA 500,000 eo Z RESOLUTION NO. 1134 PAGE 2 All appropriations approved subsequent to passage of this resolution, but prior to the end of the 2000-01 year. ADOPTED this 20th day of June 2001 AYES: Members Hodges, Oden, Reller-Spurgin and Chairman Kleindienst NOES: Member Jones ABSENT: None ATTEST: CIIT,IY. ,OF PALM SPRINGS 14�2 � t �edur Assistant Secretary Chairman REVIEWED &APPROVED RESOLUTION NO. 1135 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE ' CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONTRACT WITH JERRY OGBURN, DB/A REDAC2 FOR FISCAL YEAR 2001-2002 IN THE AMOUNT OF $144,000 FOR THE CONTINUATION OF THE VILLAGE OF PALM SPRINGS DEVELOPMENT CENTER. BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY of the City of Palm Springs, California, that a Contract for Services with Jerry Ogburn, d/b/a REDAC2 for the continuation of the Village of Palm Springs Development Center in the downtown core is approved, and the Executive Director or his designee is authorized to sign any documents related to the Contract. ADOPTED this 20th day of June 12001. AYES: Members Hodges, Jones, Oden, Reller-Spurgin and Chairman Kleindienst NOES: None ABSENT: None ' ABSTAIN: None ("A-1TESTZ COMMUNITY REDEVELOPMENT AGENCY ' ,y RX _ per/ ��w;'73: Assistant Secretary Chairman REVIEWED&APPROVED ORA 1/1 RESOLUTION NO. 1136 RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS APPROVING THE MAKING OF A REQUEST TO THE CALIFORNIA MOBILE HOME PARK CORPORATION TO PURCHASE CERTAIN PROPERTY LOCATED WITHIN THE CITY OF PALM SPRINGS WHEREAS,the Community Redevelopment Agency of the City of Palm Springs,California (the "Agency'), owns the real property upon which the Santiago Sunrise Village Mobile Home Park ("Sunrise Village") is located and an additional 20+ acres of land adjacent thereto (collectively the "Real Property"); and WHEREAS, the Real Property is currently being leased to Santiago Sunrise Village, a California Limited Partnership; and WHEREAS, the market value of the Real Property is less than its value in 1995 when it was purchased by the Agency and the Agency lacks the requisite financial resources to continue ownership of Sunrise Village; and WHEREAS, the Agency has difficulty undertaking additional low-income housing projects in the city without additional capital, and selling the parcel upon which Sunrise Village is located and terminating the lease upon the remaining 20 acres would assist the Agency in further development of low income housing in the city; and WHEREAS, the California Mobile Home Park Corporation, a California non-profit corporation (the "California Non-profit') has successfully undertaken programs on behalf of other cities within the State of California, and has thus far acquired ownership of eight (8) mobile home parks through the use of tax-exempt municipal bond financing and other governmental funds contributed by participating municipalities to assistsuch municipalities in overcoming their housing problems; and WHEREAS, the Agency desires to request that the California Non-profit assist the Agency by implementing a similar program within the municipal boundaries of the City of Palm Springs (the"City") for the benefit of the residents of the City and to relieve the significant burden upon the Agency caused by the ownership of the land upon which the Sunrise Village mobile home park is located. NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, as follows: SECTION 1. The above recitals are true and correct, and incorporated herein. SECTION 2. The Agency further finds and determines that the Agency does not have the financial resources and experience to own the land nor operate the Sunrise Village mobile home park. Thus, establishing a conversion program as proposed by the California Non-profit will e" Resolution 1136 Page 2 relieve a burden upon the Agency by easing the financial burden associated with its financial interests in the property and enhancing the living conditions fora significant number of residents of the City. SECTION 3. The Agency Board by this official action hereby requests that the California Non-profit take such actions as it deems necessary (i)to acquire both the fee interest in the land under the Sunrise Village mobile home park from the Agency, (ii)to purchase Sunrise Village from its current owner, Santiago Sunrise Village, LP and (iii) to terminate the ground lease for the real property upon which Sunrise Village and the adjacent vacant 20 acre parcel is located. SECTION 4. The Agency Board hereby authorizes the Executive Director to do such acts and execute such additional documents as are necessary to carry out the transactions contemplated by this Resolution. SECTION 5. This Resolution shall take effect upon adoption and shall be not be repealed as to any activities undertaken prior to the date of any modification or rescission of this Resolution as to the authorizations delegated to the California Non-profit herein. ADOPTED this 5th day of July , 2001. AYES: Members Hodges, Jones, and Chairman Bleindienst NOES: None ABSENT: Members Reller-Spurgin and Oden ATTEST: COMMUNITY REDEVELOPMENT AGENCY F THE CITY qF P�AL,M• SAP•RING , CALIFORNIA ' CRy= Y ' Assistant Secretary )Chairman REVIEWED &APPROVED AS TO FORM CPA 44 RESOLUTION NO. 1137 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY' OF PALM SPRINGS AMENDING THAT CERTAIN JOINT EXERCISE OF POWERS' AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND THE REDEVELOPMENT AGENCY OF THE CITY' OF PALM SPRINGS, DATED AS OF FEBRUARY 1, 199'I, FOR THE PURPOSE OF EXTENDING THE TERM OF THE AGREEMENT WHEREAS, the City of Palm Springs (the "City") and the Community Redevelopment Agency of the City of Palm Springs (the "Agency") entered into a Joint Exercise of Powers Agreement (the "Agreement'), dated as of February 1, 1991, pursuant to Article 1 and 2 of Chapter 5 of Division 7 of Title 1 of the Government Code of California; and WHEREAS, Section 4 of the Agreement created the City of Palm Springs Financing Authority (the "Authority'); and WHEREAS, Section 3 of the Agreement provides that the Agreement shall become effective as of the date thereof and shall continue in full force and effect until February 1, 2020, unless extended or earlier terminated by a supplemental agreement of the Agency and the City; and WHEREAS, the Agency hereby finds land determines that it is within the authority of the Agency and is a public purpose that the Agency approve the extension of the Agreement for the purpose of avoiding a conflict with the term of any debt instruments that the Authority has issued or may issue; NOW, THEREFORE, BE IT RESOLVED, by the Community Redevelopment Agency of the City of Palm Springs, as follows: SECTION 1. The above recitals are true and correct. SECTION 2. That the Amendment to the Agreement, in substantially the form submitted to the Agency at this meeting, is hereby approved and the Chairperson is hereby authorized and directed to execute and deliver the Amendment to the Agreement. IRV#12705 vI Resolution No. 1137 Page 2 SECTION 3. This resolution shall take effect and be enforceable immediately upon its adoption. ' ADOPTED THIS 5th day of July, 2001. AYES: Members Hodges and Chairman Kleindi.enst NOES: Member Jones ABSENT: Members Reller-Spurgen and Oden ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS Assistant Secretary Chairman REVIEWED &APPROVED IRV#12705 vI ' em �� RESOLUTION NO. 1138 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONTRACT WITH ROSENOW SPEVACEK GROUP, INC. OF SANTA ANA, CALIFORNIA, IN AN AMOUNT NOT TO EXCEED $12,500 FOR THE PREPARATION OF THE AB 1290 IMPLEMENTATION PLAN BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY of the City of Palm Springs, California, that a Contract for Services with Rosenow Spevacek Group, Inc. of Santa, of Santa Ana, California, in the amount of $12,500, for the preparation of the AB 1290 Implementation Plan, is approved. ADOPTED this 5th day of July , 2001. AYES: Members Hodges, Jones, and Chairman KLeindienst NOES: None ABSENT: Members Reller-Spurgin and Oden ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA Assistant Secretary �Ch�a�ir�man REVIEWED &APPROVED AS TO FORM — n n RESOLUTION NO. 1139 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A AGREEMENT FOR PURCHASE AND SALE OF REAL ' PROPERTY WITH THE CITY OF PALM SPRINGS BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY of the City of Palm Springs, California, that an Agreement for Purchase and Sale of Real Property with the City of Palm Springs, in a form acceptable to the Agency Councsel, is approved. ADOPTED this 18th day of July , 2001. AYES: Members Hodges, Jones, Oden, Reller-Spurgin and Chairman Kleindienst NOES: None ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA B� � Assistant Secretary Executive Director REVIEWED &APPROVED AS TO FORM r RESOLUTION NO. 1140 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE FIRST AMENDMENT TO A CONTRACT SERVICES AGREEMENT WITH RALPH DENNIS IN THE AMOUNT OF $75,000.00 TO PERFORM AS CONSTRUCTION ,SUPERINTENDENT FOR THE NEIGHBORHOOD REVITALIZATION PROGRAM, CONTRACT FORM SUBJECT TO APPROVAL BY AGENCY COUNSEL - -- - - - -- -- - - - - WHEREAS, on September 15, 1999 the Redevelopment Agency approved the creation of the Neighborhood Revitalization Program (NRP). The Program provides grants and deferred loans to very low to moderate-income households for improvements to the interior and exterior of single family homes and mobile homes; and WHEREAS, an important element of the NRP is the position of Construction Superintendent. This individual is responsible for doing work write-ups on the prospective rehabilitation projects and ensuring quality work is completed for the qualified homeowners; and WHEREAS, Ralph Dennis has successfully performed under the terms of the contract; and WHEREAS, the Agency desires to amend the contract to add funds to bring the program closer to completion. NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment a Agency of.the City of Palm Springs, that it does hereby approve the First Amendment to a Contract Services Agreement with Ralph Dennis in the amount of $75,000.00 to continue to perform as construction superintendent for the Neighborhood Revitalization Program. Contract form subject to approval by Agency Counsel. ADOPTED this 1st day of, August , 2001. AYES: Agency Members Hodges, Jones, Oden, Reller-Spurgin and Chairman Kleindienst NOES: None ABSENT: None ATT ST: COMMUNITY REDEVELOPMENT AGENCY F THE CITY OF PALM SPRING CALIFORNIA (By —J Assis ant Secretary Chairman REVIEWED & APPROVED AS TO FORM �kA RESOLUTION NO. 1141 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN EXCLUSIVE AGREEMENT TO NEGOTIATE WITH LAGUNA PACIFIC ENVIRONMENTAL, INC. OF IRVINE, CALIFORNIA FOR THE PURCHASE AND DEVELOPMENT OF A REDEVELOPMENT- AGENCY-OWNED PARCEL AND A PRIVATELY OWNED PARCEL IN MERGED PROJECT AREA #1 (FORMERLY THE RAMON- BOGIE REDEVELOPMENT PROJECT AREA) WHEREAS the Community Redevelopment Agency does own a parcel of land of approximately 14 acres in Merged Project Area#1, formerly known as the Ramon-Bogie Project Area; and WHEREAS the Agency desires to sell the parcel to a developer that can return the land to productive use and facilitate additional development in the area around the site, including the generation of sales tax for the City of Palm Springs, and WHEREAS Laguna Pacific Environmental, Inc. of Irvine, has determined that the development of the site may be practical; and WHEREAS Laguna Pacific Environmental, Inc has requested the Agency to enter into an Exclusive Agreement to Negotiate for a period of six months on the parcel while they begin the process of site planning and while the remediation design is done. t NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, that the Exclusive Agreement to Negotiate between the Agency and Laguna Pacific Environmental, Inc. is hereby approved. ADOPTED this 1st day of August 2001. AYES: Agency Members Hodges, Jones, Oden, Reller-Spurgin and Chairman Rliendienst NOES: None ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA Assistant Secretary chairman REVIEWED &APPROVED AS TO FORM/ G 40Rhg - RESOLUTION NO. 1142 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AWARDING CONTRACT TO PYRAMID BUILDING & CONSTRUCTION, BID SCHEDULE A AND ADDITIVE BID SCHEDULE B, IN THE AMOUNT OF $284,797.40, FOR THE HENRY FRANK PARKING LOT, CITY PROJECT NO. 01-09 BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY of the City of Palm Springs, California, that a contract to Pyramid Building & Construction, Bid Schedule A and Additive Bid Schedule B, in the amount of$284,797.40, for the Henry Frank Arcade Parking Lot, City Project No. 01-09. Is approved; and the Executive Director or his designee is authorized to sign any documents related to the Contract. ADOPTED this 1st day of August 2001. AYES: Agency Members Hodges, Jones, Oden, Reller-Spurgin and Chairman Kleindienst NOES: None ABSENT: None ABSTAIN: None TEST: ) O�ITY R,l�:DEVEL�O :NT GENCY Assisfbfit Secretary m Chairman REVIEWED &APPROVED RESOLUTION NO. 1143 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR THE2001-02 FISCAL YEAR. ' WHEREAS Resolution 1126 approving the budget for the fiscal year 2001-02was adopted on June 6, 2001;and WHEREAS the Executive Director has recommended, and the Agency desires to approve, certain amendments to said budget; NOW THEREFORE BE IT RESOLVED that the Director of Finance is authorized to record inter-fund cash transfers as required in accordance with this Resolution, and that Resolution 1126 , adopting the budget for the 2001-02 fiscal year is hereby amended as follows: SECTION 1. ADDITIONS FUND Activity Account Amount No. 821 8199 65137 $53,000 Plaza Theatre Henry Frank Arcade Parking Lot Purpose: To provide additional funds for the redo of the Henry Frank Arcade Parking Lot. Original budget was $265,000. About $31,000 is needed for the new lighting and miscellaneous charges. ' SECTION 2. SOURCE Plaza Theatre Fund remaining balance after this appropriation will be about $130,000. FUND Activity Account Amount No. 821 29301 $53,000 Plaza Theatre Fund Fund Balance Adopted this 1st day of August , 2001 AYES: Agency Members Hodges, Jones, Oden, Reller-Spurgin and Chairman Kleindienst NOES: None ABSENT: None FEES-T• COMMUNITY REDEVELOPMENT AGENCY Pk THE CITY. F PALM SPRINGS By e Assistant Secretary Chairman em ` _� RESOLUTION NO. 1144 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN EXCLUSIVE AGREEMENT TO NEGOTIATE WITH JOHN WESSMAN, DBA WESSMAN DEVELOPMENT COMPANY OF PALM SPRINGS, CALIFORNIA FOR THE REDEVELOPMENT OF THE DESERT FASHION PLAZA IN MERGED PROJECT AREA #1 (FORMERLY CENTRAL BUSINESS DISTRICT PROJECT AREA) WHEREAS the Community Redevelopment Agency is responsible for eliminating blight within Merged Project Area #1, formerly the Central Business District Project Area; and WHEREAS in the project area is a deteriorated regional shopping center, the Desert Fashion Plaza, with a low level of maintenance and high vacancy rate; and WHEREAS Wessman Development Company of Palm Springs has requested the Agency to enter into an Exclusive Agreement to Negotiate on the center while they are in escrow to purchase the property from the owner and prepare a redevelopment plan for the site; and NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, that the Exclusive Agreement to Negotiate between the Agency and John Wessman, dba Wessman Development Company, for a period of six months, in a form approved by the Agency Counsel, is hereby approved. ADOPTED this 12th day of September , 2001. AYES: Members Hodges, Jones, Oden, Reller-Spurgin and Chairman Rleindienst NOES: None ABSENT: None ATTEST- COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA Assistant Secretary Chairman REVIEWED & APPROVED AS TO FORM RESOLUTION NO. 1145 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALI- FORNIA APPROVING THE PURCHASE OF TWENTY (20) MODIFIED "UPTOWN" DECORA- TIVE LIGHTING FIXTURES FROM DELTA LIGHT- ING SYSTEMS, INC. FOR INSTALLATION IN THE CITY'S FRANCES STEVENS PARK ARTS ACAD- EMY AND ARENAS ROAD PARKING PROJECTS IN THE AMOUNT OF $36,442.50. WHEREAS the City owns the Frances Stevens Park Festival Center property and the Arenas Road right-of way between Calle Encilia and Indian Canyon Drive which is to be developed as a public parking corridor, both with deficient lighting in terms of acceptable lighting levels; and WHEREAS a City standard "Uptown" lighting fixture has been adopted by Public Works for installation in "Uptown" and selected locations in "Downtown", and this fixture has been consistently installed along Palm Can- yon and Indian Canyon Drives per the terms of a City purchasing agreement with Delta Lighting Systems, Inc., which was awarded subsequent to a com- petitive bidding process; and WHEREAS a slightly modified "Uptown" fixture has been specified by the City for installation in both the Frances Stevens Park Festival Center and the Arenas Road Parking Improvements Project in order to promote public safety, discourage vandalism through improved illumination and to enhance the aesthetic theme for these two areas; and WHEREAS the total cost of these fixtures from Delta equals $36,442.50 ' including sales tax and shipping costs. NOW THEREFORE BE IT RESOLVED by the Community Redevelop- ment Agency of the City of Palm Springs that the purchase of twenty (20) slightly modified "Uptown" fixtures from Delta Lighting Systems at the total cost of $36,442.50 is approved for installation at the City improvements at the Frances Stevens Park Festival Center and the Arenas Road Parking Improve- ments Project. ADOPTED this 12tblay of September, 2001. AYES: Members Hodges, Jones, Odeu, Reller—Spurgin and Chairman Kleindienst NOES: None ABSENT: None ATE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY qF PALM SPRIN S By, � , d �— ,. �-� Assistant5ecretary Chairman REVIEWED AND APPROVED AS TO FORM / Co43 D RESOLUTION NO. 1146 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALI- FORNIA AWARDING THE ' ACQUISITION OF TWELVE ADDITIONAL STANDARD "UPTOWN" DECORATIVE LIGHTING FIXTURES PLUS EIGHT MODIFIED LIGHTING FIXTURES TO DELTA LIGHTING SYSTEMS, INC. IN THE AMOUNT OF $32,959.50. WHEREAS, the Community Redevelopment Agency of the City of Palm Springs ("Agency") has been coordinating the redevelopment of project areas along Palm Canyon and Indian Canyon Drives within the City; and WHEREAS, as part of the redevelopment process, standard "Uptown" decora- tive light fixtures have been and continue to be installed along Palm Canyon Drive and Indian Canyon Drive within the "Uptown" commercial area; and WHEREAS, such light fixtures are purchased by the Agency and reimbursed at the rate of$1,620.00 per fixture to the Agency by the City of Palm Springs; and WHEREAS, the City of Palm Springs is reimbursed the $1,620.00 per fixture by the property owner requesting the fixture(s) pursuant to the City's standard Re- imbursement Agreement, in the amount of$1,620.00 per fixture; and WHEREAS, there is a need to acquire twelve (12) additional standard fixturres plus eight (8) modified fixtures, pursuant to requests from property owners, in- cluding the "Desert Shadows Resort" and "The Corridor". NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs as follows: _SaCtibn 1. That the purchase of twelve (12) additional "Uptown" decorative light fixtures plus eight (8) modified fixtures from Delta Lighting D Systems in the amount of$32,959.50 is hereby approved. Section 2. That the Agency shall be reimbursed by the City of Palm Springs at the rate of$1,620.00 per fixture, pursuant,to the City's collec- tions from property owners in accordance with the terms and con- ditions of the standard Reimbursement Agreement between the City and the property owner. ADOPTED thiS12ttday of September, 2001. AYES: Members Hodges, Jones, Oden, Reller-Spurgin and Chairman Kleindienst NOES: None ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS B - Assistant Secretary Chairman REVIEWED AND APPROVED AS TO FORM RESOLUTION NO. 1147 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT WITH SCHLPS, LLC TO EFFECTUATE THE DEVELOPMENT OF A RESORT HOTEL AND VACATION OWNERSHIP PROJECT ON SOUTH PALM CANYON DRIVE BETWEEN ' MESQUITE DRIVE AND SUNNY DUNES DRIVE, IN MERGED PROJECT AREA # 1 (FORMERLY THE SOUTH PALM CANYON PROJECT AREA) WHEREAS,the Community Redevelopment Agency of the Cityof Palm Springs, California ("Agency")is constituted underthe Community Redevelopment Law(Califomia Health and Safety Code Section 33000 et. se to carry out the purpose as the redevelopment in the City of Palm Springs ("the City"); and WHEREAS, SCHLPS, LLC has requested Agency financial assistance in their efforts to develop a resort on South Palm Canyon Drive, in order to develop the first new hotel in Palm Springs in over twelve (12) years and make it a profitable development for the hotel operator and the City, and increase the level of employment; and WHEREAS, development of the resort will create additional transient occupancy tax and sales tax revenue for the City, as well as create additional jobs for low and moderate income households, therefore improving the City's ability to provide services to all its residents, as well as overall living conditions for low and moderate income households in the City; and WHEREAS, Section 33430 of the Community Redevelopment Law allows that an agency may, "for purposes of redevelopment, sell, lease, for a period not to exceed 99 years, ' exchange, subdivide, transfer, assign, pledge, encumber by mortgage, deed of trust, or otherwise, or otherwise dispose of any real or personal property or any interest in property;" and WHEREAS, a Notice of Public Hearing concerning the Disposition and Development Agreement was published in accordance with applicable law; and WHEREAS,the California Redevelopment Law requires certain findings before the Agency can enter into this Amendment, as follows: a) Section 33421.1 - that the City Council find that the provision of such assistance will effectuate the Redevelopment Plan; b) Section 33445-that the City Council find that the improvements benefit the Project Area; that no other means of financing the improvements are available; that payment of the funds will assist in eliminating blight, and that assistance to the project is consistent with the Agency's adopted Five Year Implementation Plan. WHEREAS, the Agency has considered the staff report, and all the information,testimony and evidence provided during the public hearing on July 18 and September 5, 2001. ' CRC}A Res. No. 1147 Page 2 NOW,THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs as follows: SECTION 1. The above recitals are true and correct and incorporated herein. SECTION 2. Pursuant to the California Environmental Quality Act (CEQA), the Community Redevelopment Agency finds as follows: a) In connection with the approval of the DDA, the project received approval of a Mitigated Negative Declaration on May 17, 2000 based on the preparation of an Initial Study and the recommendation of the Planning Commission. Mitigation measures are included in the project design and adopted as part of the Conditions of Approval for the Project. b) The Agency finds that the Planning Commission adequately discussed the potential significant environmental effects of the proposed project(land use,traffic/circulation,parking,air quality, noise, aesthetics, geology/soils, water quality, drainage, public utilities, public safety, archaeological/historic resources and light and glare). The Community Redevelopment Agency further finds that the Mitigated Negative Declaration reflects its independent judgment. SECTION 3. The Developer proposes to construct a five-story hotel of at least 210 rooms; 264 vacation ownership units (time shares); underground parking;water features and other amenities;and other landscaping and on-site improvements. SECTION 4. The Developers are required to make certain street improvements in keeping with City codes. Such offsite improvements are imperative to this project, such as reconstructing curb, gutter and sidewalks along Belardo Road and South Palm Canyon Drive. This project improves a blighted parcel in Merged Redevelopment Project Area#1 (formerly South Palm Canyon)and will increase tax increment to the Agency and transient occupancy tax and sales tax collections to the City. SECTION 5. The Agency agrees, through this Disposition and Development Agreement,to borrow approximately$4,600,000 from the Developer to acquire the 11.41 acre site from the seller, and to acquire fee title to the site. The Agency agrees to contribute the land to the project for $1.00 when the project is fully funded, all permits have been obtained, and the Developer is prepared to commence construction. The Agency would retain reverter rights if the Developer fails to proceed or complete the project. The Agency would then repay the loan from the net tax increment generated by the project, including both the hotel and time share portions. Over the 18 years the loan is to be repaid, the total tax increment paid to the Developer will be close to $10.4 million. The present value of the assistance, however, remains$4.6 million. In addition,the Developer agrees to place an "in-lieu of TOT" fee on the time share units in the amount Res. No. 1147 Page 3 of$10 per interval per year, payable through the HOA fees. SECTION & The Agency does hereby find and determine as follows: (a) The property is currently vacant and lies between Magruder Chevrolet on the south and the Rock Garden Cafe to the north. The total site is approximately 11.41 acres. Because of the substantial amount of public improvements required as part of the development, including the undergrounding of utilities on Belardo Road, a landscaped median island and traffic signal on South Palm Canyon Drive, street widening on South Palm Canyon Drive, and sidewalks, bikelanes, curbs and gutters, it is only feasible for a major development such as the Star Canyon Resort to develop the property and carry the overhead cost of the public improvements. In addition, there are topographic challenges with grade changes and a significant amount of boulder coverage on the site, which also raises the cost of a new development. (b) The DDA effectuates the purposes of the Community Redevelopment Law by reversing or alleviating any serious physical, social, and economic burden of the Community which cannot reasonably be expected to be reversed or alleviated by private enterprise acting alone, in that the assistance will facilitate the development and operation of the resort hotel development causing the upgrade of the property, placing the property in the hands of a first class and experienced hotel operator, in order to increase transient occupancy tax and sales tax revenue and attract additional commercial development within the City and increase the City's tax base. (c) The DDA effectuates the purposes of the Community Redevelopment Law as it is intended to eliminate blight and promote the health, safety and general welfare of the people of Palm Springs. SECTION 7. The proposed project is consistent with the Implementation Plan for Merged Project Area #1 (formerly the South Palm Canyon Project Area), and this project will increase tax increment and create new commercial activities in the project area. It will increase the City's commercial sector by developing a major new destination property in the City, in orderto capture a portion of the significant resort and leisure tourism leakage that occurs in Palm Springs. Res. No. 1147 Page 4 SECTION 8. Based on foregoing reasons, this DDA is hereby approved and incorporated herein by this reference. SECTION 9. The Chairman, or his designee, is hereby authorized to execute on behalf of the Agency the Disposition and Development Agreement and other documents necessary to the Agreement, and make minor changes as may be deemed necessary, in a form approved by Agency Counsel. ADOPTED this 19th day of September 2001. AYES: Members Hodges, Jones, Oden 'and Chairman Kleindienst NOES: Member Reller—Spurgin ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY "1j;�I 1OF THE,CITY OF PALM SPRINGS, CALIFORNIA By y_• -�j�'`v;;, Assislbn`t--Se'dretary Chairman REVIEWED & APPROVED AS TO FORM n RESOLUTION NO. 1148 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE THIRD AMENDMENT TO A DISPOSITION AND DEVELOPMENT AGREEMENT WITH JOHN WESSMAN, DBA WESSMAN DEVELOPMENT ' COMPANY, SETTLING A LIQUIDATED DAMAGES CLAIM ARISING FROM THE CONSTRUCTION OF THE PLAZA MERCADO SHOPPING CENTER, 155 SOUTH PALM CANYON DRIVE, AND PROVIDING FOR THE CONSTRUCTION OF A SONNY BONO MEMORIAL FOUNTAIN AT THE SITE, MERGED PROJECT AREA #1 (CBD) ------------------- WHEREAS, the Community Redevelopment Agency of the City of Palm Springs, California("Agency")is constituted underthe Community Redevelopment Law (California Health and Safety Code Section 33000 et. se to carry out the purpose as the redevelopment in the City of Palm Springs ("the City"); and WHEREAS,the Agency and Developer entered into that certain Disposition and Development Agreement dated July 7, 1992, which was approved by the Agency Board pursuant to Resolution No. 866 on June 23, 1992, as supplemented/modified by that certain letter agreement dated January 21, 1993 (collectively the "Original DDA"), with respect to the acquisition and development of certain real property located in the City of Palm Springs and more particularly described in the Original DDA; and ' WHEREAS, the Original DDA was amended by that certain First Amendment to Disposition and Development Agreement ("Bullock's Property") dated for reference purposes as of July 23, 1997 (First Amendment"); and WHEREAS, The Original DDA, as amended by the First Amendment, was further amended by that certain Second Amendment to Disposition and Development Agreement dated for reference purposes as of September 22, 1997 ("Second Amendment"). The Original DDA, as amended by the First Amendment and Second Amendment, is referred to herein as the DDA. Capitalized terms used and not defined in this Third Amendment shall have the meanings ascribed as such terms in the DDA; and WHEREAS, as the date of this Third Amendment, the Developer has substantially completed the improvements to be completed by the Developer pursuant to the DDA ("Developer's Improvements"). During the course of completing Developer's Improvements, the Developer performed and completed certain work and improvements for the Agency ("Agency's Improvements"). The Agency's Improvements consisted primarily of work performed in connection with a parking lot located adjacent to Developer's Improvements, and a portion of Heritage Trail located adjacent to said parking lot; and WHEREAS, as a result of and pursuant to the work performed by Developer in connection with completing the Agency's Improvements, Developer Res. No. 1148 Page 2 has submitted billing statements to the Agency, in the total sum of Four Hundred Twenty-One Thousand Five Hundred Eighty-Four and 20/100 Dollars ($421,584.20) ("Developer's Claim"), the amount of which is not in dispute by the City, and of which the City has paid Developer Two Hundred Ninety-Three Thousand Five Hundred Eighty-Four and 20/100 Dollars ($293,584.20). In addition, as a result of the liquidated damages provisions in the Second Amendment of the DDA, and the Agency's position with respect to Developer's completion of Phase I of Developer's Improvements, the Agency has submitted a request that Developer pay the sum of One Hundred Twenty-Eight Thousand and no/100 Dollars($128,000.00)("Agency's Liquidated Damages Claim"),the amount of which Developer disputes. (The Developer's Claim against the Agency and the Agency's Liquidated Damages Claim against the Developer are hereinafter sometimes referred to collectively as the "Dispute".); and WHEREAS,the Agency and Developer parties now desire to enter into this Third Amendment to the DDA for purposes of settling the Dispute and to avoid the costs, disruption, inconvenience and uncertainty of litigation to enforce the terms of the DDA, and releasing their respective claims relating to the Dispute; and WHEREAS, the Agency has considered the staff report, and all the information, testimony and evidence provided at its regularly scheduled meeting of September 19, 2001. NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs as follows: SECTION 1. The above recitals are true and correct: and incorporated herein. SECTION 2. Pursuant to the California Environmental Quality Act (CEQA), the Community Redevelopment Agency finds as follows: a) In connection with the approval of the DDA, the project is Categorically Exempt because all the work is to occur on existing facilities and there are no changes in the effects of the proposed project or the circumstances in which it is being carried out which require any modification of the Categorical Exemption. b) The Agency finds that the Planning Commission adequately discussed the potential significant environmental effects of the proposed project (land use, traffic/circulation, parking, air quality, noise, aesthetics, geology/soils, water quality, drainage, public utilities, public safety, archaeological/historic resources and light and glare). The Community Redevelopment Agency further finds that the Categorical Exemption reflects its independentjudgment. SECTION3. The Agency proposes,through this Third Amendmentto the RE v1sFa Res. No. 1148 Page 3 Disposition and Development Agreement, to reimburse Developer in progress payments up to the Agency Liquidated Damages Claim Amount ($128,000) for the construction of a fountain and sculpture in memory of Sonny Bono, constructed on the Developer's Improvements at 155 South Palm Canyon Drive, underterms set forth in the Third Amendment. ' SECTION 4. The proposed project is consistent with the Implementation Plan for this area, insofar as this project will beautify the downtown and decrease blight. It will also add another tourist attraction in a commercial area heavily dependent on tourism. SECTION 7. Based on foregoing reasons, this Third Amendment to the Disposition and Development Agreement is hereby approved and incorporated herein by this reference. SECTION 8. The Executive Director is authorized to execute all necessary documents, in a form approved by the Agency Counsel. ADOPTED this 19th day of September , 2001. AYES: Members Hodges, Jones, Oden, Reller—Spurgin and Chairman Kleindienst NOES: None ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY I OF PALM SPRINGS, CALIF RNIA Assistant Secretary Chairman REVIEWED & APPROVED CIA w4. c3 RESOLUTION NO. 1149 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR THE 2001-02 FISCAL YEAR. WHEREAS Resolution 1126approving the budget for the fiscal year 2001-02 was adopted on June 6, 2001; and WHEREAS the Executive Director has recommended, and the Agency desires to approve, certain amendments to said budget; NOW THEREFORE BE IT RESOLVED that the Director of Finance is authorized to record inter-fund cash transfers as required in accordance with this Resolution, and that Resolution 1126, adopting the budget for the 2001-02 fiscal year is hereby amended as follows: SECTION 1. ADDITIONS Transfer from City Parking Fund FUND Activity Account Amount 811 8191 50172 $128,000 Purpose: Implementation of 3rd Amendment to DDA SECTION 2. SOURCE FUND Activity Account Amount 131 4461 50172 $128,000 Adopted this 19thday of September 12001 AYES: Members Hodges, Jones, Oden, Reller-Spurgin and Chairman Kleindienst NOES: None ABSENT: None COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRING ULte-ALA' Assistant Secretary Chairman REVIEWED AND APPROVED AS TO FORM RESOLUTION NO. 1150 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE SALE OF A 53,578 SQUARE FOOT PARCEL TO THE CITY OF PALM SPRINGS FOR ' THE AMOUNT OF $60,000. WHEREAS the Community Redevelopment Agency does own a parcel of land of approximately 1.23 acres, which is remainder parcel from two previous low-income senior apartment projects, and WHEREAS Section 33334.16 of California Redevelopment Law (Health & Safety Code Section 33334.16) declares that "the agency shall, within five years from the date it first acquires the property interest for the development of housing affordable to persons and families of low and moderate income, initiate activities consistent with the development of the property for that purpose"; and WHEREAS the Agency originally acquired the parcel on March 1, 1975 for such purposes, and as such has held the land for longer than the five year limit; and WHEREAS the Agency desires to comply with the provisions of Section 33334.16, but also desires to use the parcel for a worthwhile project that would benefit families and individuals of low- or moderate income; and WHEREAS selling the parcel to the City of Palm Springs would help the Agency comply with the statute but would allow the City to contribute the parcel to a project that meets the original intent of the purchase. NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, that a Grant Deed conveying the 53,578 square foot parcel from the Agency to the City of Palm Springs, in a form approved to the Agency Counsel, is hereby approved. ADOPTED this 17th day of October , 2001. AYES: ' Agency Members Jones, Oden, Reller-Spurgin and Chairman Kleindienst NOES: None ABSENT: None ABSTAIN: Member Hodges ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA y Assistant Secretary �Chairman REVIEWED & APPROVED AS TO FORM �V RESOLUTION NO. 115.1 OF THE COMMUNITY REDEVELOPMENTAGENCYOF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONTRACT WITH KEYSERMARSTON ASSOCIATES, INC. IN THE AMOUNT OF $20,000 FOR THE: FINANCIAL ANALYSIS OF HOTEL-, RETAIL-, AND ENTERTAINMENT- CENTER DEVELOPMENT PROPOSALS SEEKING AGENCY ASSISTANCE. BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY of the City of Palm Springs, California, that a Contract for Services with Keyser Marston Associates, Inc., in the amount of $20,000, for the financial analysis of hotel-, retail-, and entertainment-center-related development proposals seeking Agency assistance, is approved; and, the Executive Director or his designee is authorized to sign any documents related to the Contract. ADOPTED this 17th day of octoher 2001. AYES: Agency. members Jones, Oden, Reller-Spurgin ;and Chairman Kleindienst NOES: Agency _member Hodges ABSENT: None ABSTAIN: None T COMMUNITY REDEVELOPMENT AGENCY Assistant Secretary Chairman REVIEWED & APPROVED �� RESOLUTION NO. 1152 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO.2TOAN EXCLUSIVE AGREEMENT TO NEGOTIATE WITH BURNETT 1 DEVELOPMENT CORPORATION OF NEWPORT BEACH, CALIFORNIA FOR THE PURCHASE AND DEVELOPMENT OF AN AGENCY-OWNEDANDCITY- OWNED PARCEL TO FACILITATE THE DEVELOPMENT OF A SINGLE-FAMILY HOME DEVELOPMENT WHEREAS the Community Redevelopment Agency does own a parcel of land of approximately 40 acres, which is divided between a mobile home park and a 19.17+ acre vacant parcel, which it acquired from the City of Palm Springs in 1995; and WHEREAS the City of Palm Springs did own a 22.21 acre parcel adjacent to the Agency-owned parcel and which was acquired for the development of affordable housing in the City; and WHEREAS a number of developments have been constructed on the entire 100 acre parcel which have restrictive covenants on them to preserve affordability, including the mobile home park, Coyote Run, and Sunrise Norte; and WHEREAS the City of Palm Springs has conveyed its 22.21 acre parcel to the Agency to facilitate the development of the combined 39.38+ acre parcel with market rate housing to ensure a demographic balance in the area; and 1 WHEREAS the Agency desires to sell the parcel to a Burnett Development Corporation so that it can return the land to productive use and facilitate additional development in the area around the site, including the generation of tax increment and low- and moderate-income housing set-aside; and WHEREAS the Agency and Burnett Development Corporation entered into an Exclusive Agreement to Negotiate in November, 2000 for a period of six months while the Developer undertook site planning and project approvals, which was amended in June, 2001 adding an additional four months, but the Developer and Agency find they needs an additional six months to complete the Planning approvals, negotiation of the DDA, and creation of a Community Facilities District. i R1152 Page 2 NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, that Amendment No. 2 to the Exclusive Agreement to Negotiate between the Agency and Burnett Development Corporation in a form approved to the Agency Counsel, is hereby approved. ADOPTED this 17th day of October , 2001. AYES: Members Hodges, Jo nes, Oden, Reller—Spurgin and Chairman Kleindienst NOES: None ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA Assistant Secretary Chairman REVIEWED & APPROVED AS TO FORM _ CPA - g RESOLUTION NO. 1153 APPROVING THE IMPLEMENTATION PLAN AND HOUSING COMPLIANCE PLAN FOR THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, FOR THE PERIOD 2001-2002 THROUGH 2O05-2006. WHEREAS, all redevelopment agencies--!n California were required by the Community Redevelopment Reform Act of 1993 ("AB 1290") to adopt an "implementation plan" prior to December 31, 1994, and to readopt an implementation plan every five years thereafter, and WHEREAS, the Community Redevelopment Agency of the City of Palm Springs adopted its first Implementation Plan/Housing Compliance Plan on March 15, 1995, adopted the Mid-Term Review in June 1998, and is now past due in adopting the follow-up Implementation Plan. NOW, THEREFORE, be it resolved that the Community Redevelopment Agency of the City of Palm Springs, California, hereby approves and adopts the Implementation Plan/Housing Compliance Plan for the Community Redevelopment Agency for the period 2001-2002 through 2005-2006. ADOPTED this 24th day of October 2001. AYES: Members Hodges, Jones, Oden, Reller-Spurgin, and Chairman Kleindienst NOES: None ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA Assistant Se retary Chairman REVIEWED & APPROVED AS TO FORM �)K= RESOLUTION NO. 1154 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE SECOND AMENDMENT TO A DISPOSITION AND DEVELOPMENT AGREEMENT WITH THE AQUA CALIENTE BAND OF CAHUILLA INDIANS AND THE AGUA CALIENTE TRANSFER CORPORATION PROVIDING FOR THE ACQUISITION OF THE WALTER PARCEL AND SEGUNDO PARCEL IN SECTION 14, MERGED PROJECT AREA #2 (TAHQUITZ ANDREAS) ------------------- WHEREAS,the Community RedevelopmentAgencyof the City of Palm Springs,California ("Agency") is constituted underthe Community Redevelopment Law(California Health and Safety Code Section 33000 et. seq.) to carry out the purpose as the redevelopment in the City of Palm Springs ("the City"); and WHEREAS, the Agency and Developer entered into that certain Disposition and Development Agreement, which was approved by the Agency Board pursuant to Resolution No. 952 on September 7, 1994 (the"Original DDA") as supplemented/modified by,with respect to the acquisition and development of certain real property located in the City of Palm Springs and more particularly described in the Original DDA; and WHEREAS, the Original DDA was amended by that certain Amendment No. 1 dated August 7, 1996 (First Amendment'); and WHEREAS, the Original DDA, as amended by the First Amendment and Second Amendment, is referred to herein as the DDA. Capitalized terms used and not defined in this Third Amendment shall have the meanings ascribed as such terms in the DDA; and WHEREAS, the Agency and Developer now desire to enter into this Second Amendment to the DDA for purposes of facilitating the acquisition of the Walter and Segundo parcels by the Developer or the Agency; and WHEREAS,the Agency has considered the staff report, and all the information,testimony and evidence provided at its regularly scheduled meeting of October 17, 2001. NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs as follows: SECTION 1. The above recitals are true and correct and incorporated herein. SECTION 2. Pursuant to the California Environmental Quality Act (CEQA), the Community Redevelopment Agency finds as follows: a) In connection with the approval of the DDA, the project is Categorically Exempt because all the work is to occur on existing facilities and there are no changes in the effects of the proposed project or the circumstances in which it is being carried out which require any modification of the Categorical Exemption. 6RA ,� Resolution 1154 Page 2 b) The Agency finds that the Planning Commission adequately discussed the potential significant environmental effects of the proposed project (land use, traffic/circulation, parking, air quality, noise, aesthetics, geology/soils, water quality, drainage, public utilities, public safety, archaeological/historic resources and light and glare). The Community Redevelopment Agency further finds that the ' Categorical Exemption reflects its independent judgment. SECTION 3. The proposed project is consistentwith the Implementation Plan for this area, insofar as this project will beautify the downtown and decrease blight. It will also add another tourist attraction in a commercial area heavily dependent on tourism. SECTION 4. Based on foregoing reasons, this Second Amendment to the Disposition and Development Agreement is hereby approved and incorporated herein by this reference. SECTION 5. The Executive Director is authorized to execute all necessary documents, in a form approved by the Agency Counsel. ADOPTED this 7th day of November , 2001. AYES: Members Hodges, Jones, Odeu, Reller—Spurgin and Chairman Rleindienst NOES: None ABSENT: None ATIES1COMMUNITY REDEVELOPMENT AGENCY I Y OF PALMjcP�RINGS, CALIFO NIA CBL��LOA � Assistant Secretary .�/ Chairman REVIEWED & APPROVED Rf� RESOLUTION NO. 1155 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN EXCLUSIVE AGREEMENT TO NEGOTIATE WITH PHILLIP CLEARY OF SAN MARCOS, CALIFORNIA FOR THE DEVELOPMENT OF A MIXED USE COMMERCIAL/RESIDENTIAL PROJECT IN MERGED PROJECT AREA41, FORMERLY THE NORTH PALM CANYON REDEVELOPMENT PROJECT AREA (AREA#6) WHEREAS the Community Redevelopment Agency is responsible for eliminating blight within the North Palm Canyon Redevelopment Project Area; and WHEREAS in the project area are two blighted vacant parcels, one acquired by the Community Redevelopment Agency in a nuisance abatement action of a dilapidated hotel, and another a former irrigation reservoir; and WHEREAS Phillip Cleary of San Marcos, California has requested the Agency to enter into an Exclusive Agreement to Negotiate on the parcels while he negotiates a Disposition & Development Agreement with the Agency to acquire the Agency-owned parcels, and work to assemble the two adjacent parcels; NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, that the Exclusive Agreement to Negotiate between the Agency and Phillip Cleary, in a form approved by the Agency Counsel, is hereby approved. ADOPTED this 5th day of December 2001. AYES: Members Mills, Oden, Reller-Spurgin and Chairman Kleindienst NOES: None ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY �® OF THE CITY OF PALM SPRINGS, CALIFORNIA Assistant Secretary Chairman/ REVIEWED & APPROVED AS TO FORM — RESOLUTION NO. 1156 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN OWNER PARTICIPATION AGREEMENT WITH DESERT SHADOWS III, L.L.C. TO PROVIDE FINANCIAL ASSISTANCE WITH PUBLIC IMPROVEMENTS TO EFFECTUATE THE CONSTRUCTION OF A HOTEL/CONDOMINIUM ' RESORT AT STEVENS ROAD, PALM CANYON DRIVE AND INDIAN CANYON WAY IN MERGED PROJECT AREA #1 (FORMERLY THE NORTH PALM CANYON REDEVELOPMENT PROJECT AREA) A0434C -------------------- WHEREAS, the Community Redevelopment Agency of the City of Palm Springs, California ("Agency") is constituted under the Community Redevelopment Law (California Health and Safety Code Section 33000 et. sea.) to carry out the purpose as the redevelopment in the City of Palm Springs ("the City"); and WHEREAS, Desert Shadows III, LLC, (Developer) proposed a 17-unit condominium project at the northwest corner of Stevens Road and Indian Canyon Drive, with reciprocal access to the Desert Shadows Inn at 1533 Chaparral Road; and WHEREAS, Developer proceeded with the Project, but during construction Developer requested that the Agency fund certain public improvement costs to be reimbursed from tax increment; and WHEREAS, the California Redevelopment Lawrequires certain findings before the Agency can enter into this Amendment, as follows: a) Section 33421.1 -that the City Council find that the provision of such improvements will effectuate the Redevelopment Plan; b) Section 33445 - that the City Council find that the improvements benefit the Project Area; that no other means of financing the improvements are available; that payment of the funds will assist in eliminating blight, and that assistance to the project is consistent with the Agency's adopted Five Year Implementation Plan. WHEREAS', the Agency has considered the staff report, and all the information, testimony and evidence provided during the Agency public meeting on December 19, 2001. NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs as follows: SECTION 1. The above recitals are true and correct and incorporated herein. SECTION 2. Pursuant to the California Environmental Quality Act(CEQA), the Community Redevelopment Agency finds as follows: a) In connection with the approval of the OPA, a Mitigated Negative Declaration was prepared in compliance with CEQA, the State CEQA Guidelines and the City's CEQA procedures. The Community Redevelopment Agency finds that there are Resolution 1156 Page 2 no changes in the effects of the proposed project or the circumstances in which it is being carried out, which require any modification of the Environmental Assessment/Mitigated Negative Declaration and finds that it adequately discusses the potential significant environmental effects of the proposed project (land use, traffic/circulation, parking, air quality, noise, aesthetics, geology/soils, water quality, drainage, public utilities, public safety, archaeological/historic resources and light and glare). The Community Redevelopment Agency further finds that the Environmental Assessment/Mitigated Negative Declaration reflects its independent judgment. SECTION 3. The Developers are required to make certain street improvements in keeping with City codes. Such offsite improvements are:imperative to this project,such as reconstructing streets, curb, gutter and sidewalks along Indian Canyon Drive, Palm Canyon Drive, and Stevens Road; undergrounding utilities; providing drainage around the project, including two dry wells; providing handicapped ramps at the project; and, installing landscaping and irrigation in the public right of way. This project improves a blighted comer of Merged Project Area #1 (the North Palm Canyon Redevelopment Project Area) and will increase tax increment to the Agency and the City. SECTION 4. Agency will reimburse Desert Shadows III, LLC for the costs of constructing the off-site, public improvements on Indian Canyon Drive, Stevens Road, and North Palm Canyon Drive, as follows, provided that: (a) Agency's obligation to reimburse Desert Shadows III shall not exceed One Hundred Eighty Five Thousand Dollars ($185,000.00). (b) The improvements will include, at a minimum, the following as required by the City of Palm Springs: 1. Install 300 feet of 8" curb and gutter along Indian Canyon Drive, Stevens Road, and North Palm Canyon Drive; and, construct 106 linear feet of 8" barrier curb. 2. Install over 950 square feet of cross gutter and spandrel, as well as and 720 square feet of cross gutter at Stevens Road/Indian Canyon Drive and Stevens Road/Palm Canyon Drive. 3. Install a total of four(4) handicapped ramps at Stevens Road and Indian Canyon Drive and Stevens Road and Palm Canyon Drive. 4. Remove 210 square feet of asphalt on Palm Canyon Drive, Indian Canyon Drive, and Stevens Road. 5. Construct drainage improvements, including catch basin boxes and two drywells. Resolution 1156 Page 3 6. Construct road pavement in accordance with City standards from the edge of proposed gutter to the clean sawcut edge of the existing road pavement along Palm Canyon Drive, Indian Canyon Drive, and Stevens Road. Saw cut approximately 600 linear feet of asphalt and concrete. Replace 4,135 square feet of asphalt on Palm Canyon Drive, Indian Canyon Drive, and Stevens Road. 7. Install landscaping, landscape lighting, and irrigation on Palm Canyon Drive, Indian Canyon Drive, and Stevens Road, including paver stepping stones, all palm trees, boxed trees and shrubs, ground cover and annual color, per plans prepared by R.G.A. Landscape Architects and included as an exhibit to the OPA. 8. Install 1,523 square feet of decorative concrete around the project's entrance on Stevens Road. Improve the drive approach on Stevens Road (665 square feet). 9. Install 3,671 square feet of sidewalks according to City standard. 10. Underground approximately 150 linear feet of overhead utility lines along the northwestern edge of the project. (c) Agency will reimburse Desert Shadows III for such costs upon acceptance of off-site improvements by the City and approval by Agency of invoices substantiating the costs incurred by Desert Shadows III for said off-site improvements. SECTION 6. The Agency does hereby find and determine as follows: (a) The property was originally developed in the 1940's as an apartment project and other commercial uses but declined in economic value, with a portion demolished in 1981 and another demolished in 1987 through an Abatement Agreement between the City and property owner. It has been vacant for the past two decades. The neighboring Desert Shadows Inn was rehabilitated in 1992 and expanded in 1994. In 1995, the owners of Desert Shadows in formed a limited liability corporation, Linsu Development Company LLC,which acquired the 2.5 acre property north of the Desert Shadows Inn with Redevelopment Agency assistance, and constructed 38 condominiums that were linked to the hotel grounds via reciprocal access agreements. The Agency provided assistance with the purchase of the Linsu property through its powers of eminent domain, as well as $79,000 in tax increment financing for offsite improvements. Smart Alex Resolution 1156 Page 4 Development Company, LLC, another entity related to the hotel, purchased the Chandler Inn in 1998 and constructed 21 condominiums also linked to the hotel via the reciprocal access agreements, using approximately$100,000 in Agency financial assistance for offsite improvements. (b) The OPA effectuates the purposes of the Community Redevelopment Law by reversing or alleviating any serious physical,social,and economic burden of the Communitywhich cannot reasonably be expected to be reversed or alleviated by private enterprise acting alone, in that the assistance will facilitate the redevelopment and operation of the hotel and retail buildings by causing the reconstruction and upgrade of the property, placing the property in the hands of a first class and experienced operator, in order to maintain existing sales tax revenue and attract additional commercial development within the City and increase the City's tax base. (c) The OPA effectuates the purposes of the Community Redevelopment Law as it is intended to eliminate blight and promote the health, safety and general welfare of the people of Palm Springs. SECTION 8. The proposed project is consistent with the Implementation Plan for this area, insofar as,this project will increase tax increment and will expand an already-existing successful business. It will increase the City's tourist business by expanding a destination-type resort and creating an architecturally inviting project on a previously bighted property on a very busy comer and the City's main thoroughfare. SECTION 9. Based on foregoing reasons, this OPA is hereby approved and incorporated herein by this reference. SECTION 10. The Chairman of the Agency, and/or his designee, is authorized to execute all necessary documents, in a forrn approved by the Agency Counsel. ADOPTED this 19th day of December, 2001. AYES: Members Odeu, Reller-Spurgin 'and Chairman Kleindienst NOES: None ABSENT: None ABSTAIN: Member Mills ATTEST: COMMUNITY REDEVELOPMENT AGENCY . PITY OF PALM SPRINGS, CALIFORNIA Assistant"Secrefary Chairman REVIEWED &APPROVED_ _ RESOLUTION NO. 1157 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN OWNER PARTICIPATION AGREEMENT WITH PS APARTMENTS, LLC TO ' REHABILITATE A 16-UNIT APARTMENT COMPLEX AT 555 & 585 COTTONWOOD ROAD AND 556 & 594 CHUCKWALLA ROAD (MERGED PROJECT AREA#1) A0435C WHEREAS, the Community Redevelopment Agency of the City of Palm Springs (the "Agency") has established an affordable housing setaside fund in accordance with Section 33000 et. seq. of the California Health and Safety Code; and WHEREAS, the funds are earmarked for the acquisition, construction, or rehabilitation of affordable housing to benefit the community; and WHEREAS, the rehabilitation of a 16-unit apartment complex at 555 & 585 East Cottonwood Road and 556 & 594 East Chuckwalla Road, is in significant need of rehabilitation, including improving the appliances, air conditioning units and the amenities of the complex; and WHEREAS, the property owners, PS Apartments, LLC, desire to participate with the Agency in its affordable housing program by dedicating up to fifteen (15) of the units for low-income residents, which is in Merged Project Area #1. NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, as follows: ' SECTION 1. An Owner Participation Agreement with PS Apartments, LLC for the rehabilitation of 16 units at 555 & 585 East Cottonwood Road and 556 & 594 East Chuckwalla Road, is approved. SECTION 2. The Agency authorizes an allocation of up to $150,000 for this project. ADOPTED this 19th day of December , 2001. AYES: Members Mills, Oden, Reller-Spurgin and Chairman Kleindienst NOES: None ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY F THE CITY OF PALM SPRINGS, ALIFORNIA Assistant Secretary Chairman REVIEWED & APPROVED AS TO FORM 1 a - 15 RESOLUTION NO. 1158 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AN OWNER PARTICIPATION AGREEMENT WITH COACHELLA VALLEY HOUSING COALITION ON A 9-HOME PROJECT IN THE',COTTONWOOD/ CHUCKWALLA NEIGHBORHOOD (MERGED PROJECT AREA #1) A0394C WHEREAS, the Community Redevelopment Agency of the City of Palm Springs (the "Agency") has established an affordable housing setaside fund in accordance with Section 33000 et. seq. of the California Health and Safety Code; and WHEREAS, the funds are earmarked for the,acquisition, construction, or rehabilitation of affordable housing to benefit the community; and WHEREAS, the development of a 9-home project in the Cottonwood/Chuckwalla neighborhood will improve the overall housing stock in the area and create affordable housing opportunities for nine families. WHEREAS, the property developers, Coachella Valley Housing Coalition, previously entered an Owner Participation Agreement with the Agency the facilitate the project, and now desire to amend the agreement. NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, as follows: An Owner Participation Agreement with Coachella Valley Housing Coalition, on a nine- home project on Cottonwood and Chuckwalla Roads, is hereby amended. ADOPTED this 19th day Of December 2001. AYES: Members Mills, Oden, and Reller-Spurgin NOES: Chairman Rleindienst ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA d Ba! - Assistant Secretary Chairman REVIEWED & APPROVED AS TO FORM RESOLUTION NO. 1159 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONTRACT WITH DOZIER AP- PRAISAL COMPANY OF PALM DESERT, CALIFOR- NIA IN THE AMOUNT OF $5,500 FOR PROPERTY APPRAISAL SERVICES IN REGARD TO THE "SPANISH INN" PROPERTY LOCATED ON THE EAST SIDE OF THE 600 NORTH INDIAN CANYON DRIVE BLOCK IN UPTOWN PALM SPRINGS (APN 507-183-003,006). A0436C WHEREAS the "Spanish Inn" property continues to be a deteriorating, vacant, un- used and nonproductive property in the Uptown area of the community; and WHEREAS the Agency as well as the business and property owners in the area affected by this property require more detailed design and cost information in order to evaluate the revitalization potentials of this project; and WHEREAS the Agency has expressed a desire to receive more detailed design and cost information in regard to the feasibility of renovating and improving this prop- erty, NOW THERE BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY of the City of Palm Springs, California that a contract with Dozier Ap- praisal Services of Palm Desert, California in the amount of $5,500 for Appraisal Services in regard to the "Spanish Inn' property located along the east side of the 600 North Indian Canyon Drive block in Uptown Palm Springs is approved, and the ' Executive Director or his designee is authorized to sign any documents related to the Contract. ADOPTED this 19th day of December, 2001. AYES: Members Mills, Oden, Reller-Spurgin and Chairman %leindienst NOES: None ABSENT: None ,,ATTEST: )A, IQ�MM,UNIT�( R DEVELOPM NT AGENCY Assistant Secretary Chairman REVIEWED & APPROVED RESOLUTION NO. 1160 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE SECOND AMENDMENT TO A CONTRACT SERVICES AGREEMENT WITH RALPH DENNIS IN THE AMOUNT OF $38,000.00 TO FINISH AS CONSTRUCTION SUPERINTENDENT FOR THE NEIGHBORHOOD REVITALIZATION PROGRAM, CONTRACT FORM SUBJECT TO APPROVAL BY AGENCY COUNSEL. A,0400C - - - - - - - - - -- - - - WHEREAS, on September 15, 1999 the Redevelopment Agency approved the creation of the Neighborhood Revitalization Program (NRP). The Program provides grants and deferred loans to very low to moderate-income households for improvements to the interior and exterior of single family homes and mobile homes; and WHEREAS, an important element of the NRP is the position of Construction Superintendent. This individual is responsible for doing work write-ups on the prospective rehabilitation projects and ensuring quality work is completed for the qualified homeowners; and WHEREAS, Ralph Dennis has successfully performed under the terms of the contract; and WHEREAS, the Agency amended the Agreement on August 1, 2001, adding an additional $75,000 to the contract and extending the term; and WHEREAS, the Agency desires to amend the contract: to add funds to bring the program to final completion. NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, that it does hereby approve the Second Amendment to a Contract Services Agreement with Ralph Dennis in the amount of $38,000.00 to continue to perform as construction superintendent for the Neighborhood Revitalization Program. Contract form subject to approval by Agency Counsel. ADOPTED this 19th day of December 2001. AYES: Members Mills, Oden, Reller—Spurgin and Chairman Kleindienst NOES: None ABSENT: None ATTEST_:_ COMMUNITY REDEVELOPMENT AGENCY \y �� OF THE CITY OF PALM SPRINGS, ALIFORNIA Assistant Secretary Chairman REVIEWED & APPROVED AS TO FORM RESOLUTION NO. 1161 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS,CALIFORNIA,APPROVING A LEASE AGREEMENT WITH JOHN WESSMAN,TRUSTEE OFTHE WESSMAN FAMILYTRUST, FORTHE LOCATION ' OF THREE (3) PLAZA THEATRE SIGNS IN THE COURTYARD OWNED BY THE WESSMAN FAMILY TRUST AND APPROVING A SECOND AMENDMENT TO THE THEATER LEASE AGREEMENT WITH THE PARTNERSHIP FOR THE PERFORMING ARTS A0437C WHEREAS, the Community Redevelopment Agency of the City of Palm Springs, California is the owner of the Plaza Theatre located on South Palm Canyon Drive; and WHEREAS,the Theatre has been leased by the Community Redevelopment Agency to the Partnership for the Performing Arts, which produces the "Fabulous Palm Springs Follies' and WHEREAS, due to ownership changes of the courtyard in front of the Plaza Theatre,certain signs serving the Plaza Theatre are located in the courtyard owned by the Wessman Family Trust; and WHEREAS, the Community Redevelopment Agency of the City of Palm Springs and the Wessman Family Trust have negotiated a Lease Agreement providing forthe lease of three sites in the courtyard for three signs to serve the Plaza Theatre; and WHEREAS, these three leased sign sites will be subleased to the Partnership for the ' Performing Arts by a Second Amendment to the Plaza Theater Lease Agreement between the Community Redevelopment Agency of the City of Palm Springs and the Partnership for the Performing Arts. NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs as follows: Section 1. The above recitals are true and correct and incorporated herein. Section 2. The Lease Agreement (Courtyard Signage) by and between John Wessman, Trustee of the Wessman Family Trust, dated November 16, 1998, and the Community Redevelopment Agency of the City of Palm Springs is hereby approved. Section 3. The Second Amendment to the Theater Lease Agreement between the Community Redevelopment Agency of the City of Palm Springs and the Partnership for the Performing Arts is hereby approved. ' A A0,/ te'. Resolution 1161 Resolution - Plaza Theatre Signs Page 2 Section 4. The Executive Director is authorized to execute the Lease Agreement for the signage and the Second Amendment to the Theater Lease Agreement on behalf of the Community Redevelopment Agency: ADOPTED THIS 19th day of December ;?00. 1 AYES: Members Mills, Oden, Reller-Spurgin and Chairman Rleindieust NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS y✓' � �� �� y ��'�.W.�I" q vt'4erZ41M1 City Clerk Chairman REVIEWED &APPROVED AS TO FORM: