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HomeMy WebLinkAbout1/1/1995 - CRA RESOLUTIONS RESOLUTION NO. 963_ _ OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA AMENDING THE BUDGET FOR THE 1994-95 FISCAL YEAR WHEREAS, Resolution 938, approving the budget for the fiscal year 1994-95 was adopted on July 6, 1994; and WHEREAS, the Executive Director has recommended, and the Community Redevelopment 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 938, adopting the budget for the 1994-95 fiscal year is hereby amended as follows: SECTION I. ADDITIONS FUND ACTIVITY _ ACCOUNT — AMOUNT No. 902 0181 - 7850 $414, 538 Title: LJM Housing Vista Chino Manor Purpose: Cover an overdraft. -! SECTION 2 . SOURCE FUND ACTIVITY ACCOUNT — AMOUNT No. 902 $414, 538 Title: Housing Set Fund ]Balance L ADOPTED this 4th day of January ---, 1995. AYES: Members Kleindienst, Lyons, Reller-Spurgin and Chairman Maryanov NOES: None B ABSENT: None ABSTAIN Member Hodges ATTEST: COMMUNITY REDEVELOPMENT AGENCY CITY OF ALM SPRINGS, CALIFORNIA J- L , ✓,f A�istant Secretary Chairman 0A w REVIEWED & APPROVED ,/h��"� _ RESOLUTION NO. 964 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY COUNCIL CITY OF PALM SPRINGS, CALIFORNIA RESCINDING RESOLUTION NO. 909, APPROVING A ' PURCHASE OPTION AGREEMENT WITH PETER AND MARY EPSTEEN FOR THE ACQUISITION OF 23 .78 ACRES WHEREAS, on December 15, 1993, the Agency approved Resolution No. 909 setting forth approval to enter into an Option Agreement with Peter and Mary Epsteen, for the acquisition of 23 .78 acres, located 640 feet north of the NE corner of Gene Autry Trail and Ramon Road in Section 17 ; and WHEREAS, due to a breakdown in negotiations on deal points, the Option Agreement was not entered into or executed by either party; NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, as follows: Section 1: Resolution No. 909 be RESCINDED and ANNULLED. ADOPTED this 1st day of February , 1995 AYES: Members Hodges, Kleindienst, Lyons, Reller-Spurgin and Chariman Maryanov NOES: None ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE ITY OF PALM SPRINGS Assistant Secretary Chairman REVIEWED & APPROVED C r q CL �, RESOLUTION NO. 965 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA_ ADOPTING A REPLACEMENT HOUSING PLAN FOR THE HIGHLAND/GATEWAY REDEVELOPMENT PROJECT AREA WHEREAS, the Community Redevelopment Agency of the City of Palm Springs (the "Agency") is a public body, corporate and politic formed, organized existing and exercising its powers pursuant to the Community Redevelopment Law, California Health and Safety Code Section 33000, et. seq. , (the "CRL") ; and WHEREAS, the Agency is considering participating in a self-help sweat equity home construction program in the Highland/Gateway Redevelopment Project Area, that will require the Agency to enter into an Owner. Participation Agreement and which will lead to the demolition and' removal of dwelling units from the low and moderate income housing market; and WHEREAS, Health and Safety Code Section 33413.5 requires that the Agency shall adopt by Resolution, a Replacement Housing Plan not less than 30 days prior to execution of an agreement for acquisition of real property, or the execution of an agreement for the disposition and development of property, or the execution of an owner participation agreement, which would lead to the destruction and removal of the dwelling units from the low and moderate income housing market; and WHEREAS, pursuant to the Law,the Replacement Housing Plan was made available in draft form for review and comment by the Project Area Committee, other agencies and the general public meeting all. legal prerequisites to the adoption of the Resolution, NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, as follows: Section 1. The Agency hereby specifically finds all of the facts stated in the recitals above are true and correct. Section 2. Pursuant to Section 33413.5 of the Community Redevelopment Law, California Health and Safety Code Sections 33000, et. seg. , the Agency hereby adopts the document entitled Replacement Housing Plan for the Highland/Gateway Redevelopment Project Area, a true and correct copy which is on file in the Office of the city Clerk, and is incorporated herein by reference as the Replacement Housing Plan for the Highland/Gateway Redevelopment Project Area. Section 3. The Secretary or the Agency shall certify to the adoption of this Resolution. ADOPTED this 15th day of February, 1995. , AYES: Members Hodges, K.leindienst, Lyons, Reller-Spurgin and Mayor Maryanov NOES: None ABSENT: None ATTEST:� COMMUNITY REDEVELOPMENT AGENCY l\ C—C \ OF THE CITY OF PALM SPRINGS, By: ,I 1" CALIFCJk2Iy'IA �,8e§istant Secretary �Lp Chai/rm4n REVIEWE P VED e RESOLUTION NO. 966 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING ADDENDUM TO ORIGINAL CONTRACT SERVICES AGREEMENT WITH MAUREEN PAPPAS TO MANAGE THE MONTE VISTA HOTEL. ' WHEREAS, the Monte Vista Hotel is in the last stages of preparation for re-opening; and WHEREAS, Maureen Pappas has been overseeing the repair and maintenance of the day-to-day operations at the Hotel since Council approved her contract on September, 1994 (Res. No. 357, A#344C) ; and WHEREAS, the Council has approved a Disposition and Development Agreement with Stephen and Claudia Tuckman to purchase the Hotel; and WHEREAS, original contract sum was approved up to $5, 000 and commenced on September 30, 1994; and WHEREAS, contract sum will be increased to $1, 700 per month and become effective February 13, 1995, for a period of two months; and WHEREAS, we will be operating the hotel until the close of escrow. NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, California, that Res. No. 357, ' Agreement #344C with Maureen Pappas, be amended as follows: Section 1 . Section 2 .1 Contract Sum For the services rendered pursuant to this Agreement, Contractor shall be paid the amount .of ONE THOUSAND SEVEN HUNDRED DOLLARS AND NO CENTS ($1, 700 .00) per month ("Contract Sum") . Section 2 . Section 5.2 Term - The term of the Agreement shall commence on February 13, 1995, for a period of two months (or upon close of escrow) and shall continue monthly, thereafter, if approved in writing by both the Agency and the Contractor. ADOPTED this 15th day of February , 1995. AYES: Members Hodges, Kleindienst, Lyons, Reller-Spurgin and Myaor Maryanov NOES: None ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY / CITY OF PALM SPRINGS, CALIFORNIA BY LA( (L tit H6-!�Ly��:✓ ' Assi,s/tant Secretary — Chairman REVIEWED & APPROVED �� RESOLUTION NO. 9Q7 OF TFIE COMMUNITY REDEVELOPMENT AGENCY , OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING THE "CONSENT TO ASSIGNMENT" OF THE CARRIAGE YARD/ VINEYARD PARKING LOT LEASE, AS AMENDED, AND RELATED PROMISSORY NOTE AND GUARANTY FROM CARRIAGE TRADE, LTD. TO JOHN ME:RTZ DBA PALINI SPRINGS CARRIAGE COMPANY WIIEREAS on May 29, 1990, the Agency entered into a lease with Carriage Trade, Ltd.for the construction and subsequent operation of a carriage storage yard and tack yard located behind the Village Green, and for a horse drawn carriage ride, in Downtown Palm Springs; and WHEREAS on June 8, 1994, this lease was amended to extend! the lease term to to April 30, 2000, to amend the monthly rent amount and to add the requirement of a Promissory Note and Guaranty in the principal amount of $9,946.67; and WHEREAS on January 26, 1995, Carriage Trade, Ltd. agreed to sell its equipment for this business, and to assign the Lease as amended along with Promissory Note and Guaranty, to John P. Mertz dba Palm Springs Carriage Company contingent upon receipt of a "Consent to 1 Assignment" from the Agency as required by Section 8 of the lease; and WHEREAS the private parties to this proposed transaction have executed the proper "Assignment and Assumption Agreement"; and WHEREAS Carriage Trade, Ltd. has submitted a "Request for Consent to Assign Lease". NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs that the execution by the Agency of the "Consent to Assignment" in regard to this matter is hereby approved, ADOPTED this 15th day of February, 1995 AYES: Members Hodges, Kleindienst, Lyons, Reller-Spurgin and Chairman Maryanov NOES: None ABSENT: None COMN/1'UNITY REDEVELOPMENT AGENCY ATTEST:_ CITY OF PALM SPRINGS, CALIFORNIA i "As/sistant Secretary "Chairman , REVIEWED AND APPROVED AS TO FORM —� _ RESOLUTION NO. 968 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA ADOPTING A FIVE YEAR IMPLEMENTATION PLAN ' WHEREAS, the Community Redevelopment Agency of the City of Palm Springs (the "Agency") is a public body, corporate and politic formed, organized existing and exercising its powers pursuant to the Community Redevelopment Law, California Nealth and Safety Code Section 33000, et. sea. , (the "CRL") ; and WHEREAS, the City Council has adopted by Ordinance 10 Redevelopment Project Areas as follows: Central Business District Redevelopment Project, Tahquitz/Andreas Redevelopment Project, Ramon/Bogie Redevelopment Project, South Palm Canyon Redevelopment Project, oasis Redevelopment Project, North Palm Canyon Redevelopment Project, Highland/Gateway Redevelopment Project, Baristo/Farrell Redevelopment Project, City-wide Redevelopment Project No. 9, Canyon Redevelopment Project; and WHEREAS, the California Legislature by Assembly Bill 1.290, Statutes 1993 , Chapter 942 ("AB 1290") , Amended the CRL, and, particularly in relation to this Resolution, Section 33490 was ' added to the CRL, and the Legislature by Senate Bill 732 , Stat-utes 1994 , Chapter 936, as supplemental legislation to AB 1290, made minor modifications to Section 33490, which Section 33490 provides in part that every Agency shall consider and adopt an Implementation Plan for each Project Area, allowing for the preparation and adoption of a single, comprehensive Implementation Plan for all Project Areas; and WHEREAS, notice of a public hearing of the Agency on the proposed Implementation Plan was given in accordance with the requirements of Health and Safety Code Section(d) ; and WHEREAS, on January 12 , 19 and 26, 1995, the Agency conducted and concluded the above-referenced duly noticed public hearing; and WHEREAS, all legal prerequisites to the adoption of the Resolution have occurred; NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, as follows: Section 1. The Agency hereby specifically finds all of the facts stated in the recitals above are true and correct. ' Section 2 . Pursuant to Health and Safety Code Section 33490 of the Community Redevelopment Law, the Agency hereby approves and adopts the document entitled "Five- Year Implementation Plan for the Community Redevelopment Agency for the City of Palm Springs" , a true and correct copy which is on file in the Office of the Agency Secretary, and which is incorporated herein by reference. rap Page 2 Section 3 . The Secretary of the Agency shall certify to the adoption of this Resolution. ADOPTED this 15th day of March , 1995. AYES: Members Kleindienst, Lyons, Reller-Spurgin, and Chairman Maryanov NOES: Member Hodges ABSENT: None ATTEST.'._ � COM"i)iUATIT'i REDEVELOPMENT AGENCY OF TIE CITY OF PALM SPRINGS, By: A' _ / _ CRLIFORNIA Assistant Secretary C'hr+irfnan � REVIEWED & APPROVE. " RESOLUTION NO. 969 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING THE FIRST AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT AND AUTHORIZING THE ' SALE OF REAL PROPERTY KNOWN 414 N. PALM CANYON DRIVE TO STEPHEN TUCKMAN. WHEREAS, on November 23, 1994, a Disposition and Development Agreement, ("DDA") was approved with Stephen Tuckman ("Purchaser") to effectuate the sale of the Monte Vista Hotel, which includes a hotel and 5 commercial shops, and pursuant to which Agency was to sell Purchaser certain real property, and Purchaser was to operate the hotel and shops thereon, which use is consistent with the Redevelopment Plan for Project Area ml, the General Plan of the City and City's Zoning, and which Project use will help expand and diversify the City's economic base; and WHEREAS, a Notice of Public Hearing concerning the sale was published in accordance with applicable law; and WHEREAS, on November 23, 1994, the Agency held a Public Hearing concerning the sale; and WHEREAS, the DDA required Purchaser to complete his due diligence by 2/23/95 and gave right to terminate the transaction in certain conditions; and WHEREAS, Purchaser's due diligence revealed numerous unanticipated conditions concerning the physical state of the property, and Purchaser sough a modification of certain terms of the transaction in lieu of termination of the DDA; and WHEREAS, the Agency has reviewed the requested changes and finds them reasonable, and finds 'that the sale of the property pursuant to the modified terms and conditions to be fair. NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, approves an amendment to the DDA to contain the following: Section 1. Puichase price to be$900,000 with down payment of$50,000 and balance of $850,000 with interest starting to accrue at closing at 8% per annum for years 1-7 and then 9% per annum thereafter, and payable according I agreed-upon payment schedule. Section 2. At closing, Agency will place $25,000 in Buyer's construction account, for the purpose of curing a portion of the total General Repairs & Deferred Maintenance. Section 3. At closing, Agency will make available to Buyer a Downtown Redevelopment Loan in the amount of $25,000, at not more thad-i 6.5% interest to be amortized over five years. Section 4. Buyer agrees to invest at least $275,000 of their own funds in the improvement and/or replacement of the property, including start-up costs. In addition, Buyer agrees to make repairs of at least $25,000 using funds received from Agency, which will be allocated to such repairs. In addition, Buyer will utilize the $25,000 Redevelopment Loan for completion of a portion of the street frontage. Buyer agrees to complete said expenditures of not less than $325,000 within six months cf close of escrow. 1u Resolution No. _ 969 Page 2 Section 5. For the first five years, in the event tare Buyer shall sell the IAronte Visa Hotel, the Agency and Buyer shall split 50-50 all amounts above $1,500,000 riet sale price (after all sales costs), to a maximum of $100,000 for the Agency's share. Said amount shall be paid to Agency, in cash, at closing. Section 6. The Agency does hereby find and determine as follows: (a) The sale effectuates the purposes of the Plan and is in the highest and best interest of the City of Palm Springs and of the Project Area, and that the sale is intended to result in (lie development and revitalization of a portion of the City which will help expand and diversify the City''s economic base. (b) The Purchase Contract 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 sale will facilitate the redevelopment and operation of the hotel and retail buildings by causing the remodel and upgrade of the property, placing the property in (he 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 a:-id promote the health, safety and general welfare of the people of Palm Springs. (d) That the consideration payable for the property is not less than the fair market value of the property in accordance w;tli the highest and best use under the Redevelol ment Plan. Section 7. The Agency staff is hereby anthorizcd and directed to take the appropriate action consistent with the purpose of this Resolution. Section 8. The First Amendment to the DDA is hereby approved and incorporated herein by this reference. ADOPTED this 15th day of March 1995 AYES: Members Kleindienst, Lyons, Reller-Spurgin and Chairman Maryanov NOES: Member Hodges ABSE11T: clone ATTEST: COMMUNITY REDIEVELOPMEW AGENCY OF THE CITY OF FALMI SPRINGS c ✓ ��, Y=Y9SiStant Secretary (_',lialrma9i F REVIEWED & API tiOVED_ 60- ------ RESOLUTION NO. 970 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING AN EXCLUSIVE AGREEMENT TO NEGOTIATE WITH THE CALIFORNIA COMPANIES FOR THE DEVELOPMENT OF 14 . 23 ACRES LOCATED AT THE NORTHWEST CORNER OF ' RAMON ROAD AND GENEAUTRYTRAILIN SECTION1- - - - '7 WHEREAS, on November 30, 1983 , the City Council of the Citv of Palm Springs adopted Ordinance No. 1202 , approving the Redevelopment Plan for the Ramon/Bogie Redevelopment Project (the "Plan") , pursuant to California Community Redevelopment Law (11CRL10) , California Health and Safety Code Section 33000, et. sea. ; and WHEREAS, the Plan delineates the Redevelopment Project Area, known as the Ramon/Bogie Redevelopment Project Area (the "Project") ; and WHEREAS, the Community Redevelopment Agency ("Agency") owns and controls approximately 14 .23 acres of vacant land located at the northwest corner of Ramon Road and Gene Autry Trail; and WHEREAS, the Agency desires to have the site developed in accordance with the Plan; and WHEREAS, The California Companies proposes entering into an Exclusive Agreement to Negotiate with the Agency which will provide a 180-day period to negotiation for the acquisition/development of the site and to allow both parties to perform due diligence on the project, and if agreement is reached as to the terms, to enter into a binding agreement; NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, as follows: Section 1. Approve an Exclusive Agreement to Negotiate b_v and between the Community Redevelopment Agency of the City of Palm Springs, and The California Companies, allowing for a 180-day period to negotiate a Disposition and Development Agreement for the sale/development of approximately 14 . 23 acres in accordance with the Redevelopment Plan. Section 2 : Authorizing the Executive Director to sign all documents related thereto in a form acceptable and approved by the City Attorney. ADOPTED this 15th day of March, 1995. AYES: Menibers Hodges, Kleindienst, Lyons, Reller-Spurgin and Chairman Maryanov NOES: None ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, By: �_—` (�-- CALIFORNIA Assistant Secretary Chairman REVIEWED S APPROVED 11 l/U,ty RESOLUTION NO!. 971 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFOR:NIA APPROVING AN OWNER PARTICIPATION AGREEMENT WITH THE COACHELLA VALLEY HOUSING COALITION FOR PARTICIPATION IN A HOME PROGRAM FOR THE CONSTRUCTION OF 20 SINGLE-FAMILY HOMES IN THE HIGHLAND/GATEWAY REDEVELOPMENT PROJECT[' AREA 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, rehabilitation of affordable housing to benefit the community; and WHEREAS, the Coachella Valley Housing Coalition ("CVHC") applied for and received a HOME Fund Grant: from the Department of Housing and Community Development', to construct: 20 single-family homes for very low and low income families in the Highland/Gateway Redevelopment Project Area; and WHEREAS, The Agency has agreed to contribute an amount not to exceed $625,200 towards the program to be used for the payment of city fees, technical assistance, acquisition, relocation, demolition, and construction from its Housing Setaside Fund Balance; and WHEREAS, as part of the preliminary conceptual agreement of the program, CVHC is required to enter into an Owner Participation Agreement with the Agency for the implementation of this project; and WHEREAS, the Housing Element, of the General Plan encourages participation in self-help housing programs to meet our overall single-family residential needs within the city for larger family household of very low and low income; NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, as follows: Section 1. The Agency approves an Owner Participation Agreement with CVHC for the development of 20 single-family self-help homes in the Highland/Gateway Redevelopment Project Area. Section 2 . The program is determined) to be of benefit to the Highland/Gateway Redevelopment Project Area through the removal of blighted property via the acquisition and demolition of deteriorated and stagnate property, and the construction of single-family homes which will be sold to families of very low and low income, 30 to' 80% of the county median. Section 3 . The Agency has agreed to contribute a grant not to exceed $625, 200 from housing setasi.de funds as the Agency's participation in the program. Resolution No. 971 March 15, 1995 Page 2 Section 4 . The Executive Director, or his designee, is hereby authorized to execute on behalf of the Agency the Owner Participation Agreement and all other documents necessary to effectuate the Agreement, and make minor changes as may be deemed necessary in a form approved by the Agency's legal counsel. ADOPTED this .,5th day of April , 1995. AYES: Members Hodges, Kleindienst, Lyons, Reller-Spurgin and Chairman Maryanov NOES: None ABSENT: None ATTEST: 1 COMMUNITY REDEVELOPMENT AGENCY I` OF THE CITY OF PALM SPRINGS, By: �� 4 CALIF Ass.'stant Secretary /. Chairman REVIE 7D & APPROVED RESOLUTION NO., 972 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING THE GRANTING OF AN EASEMENT TO SOUTHERN CALIFORNIA EDISON ALONG THE SOUTHERN PORTION OF APN 507- 100-029 WHEREAS, the Community Redevelopment Agency of the City of Palm Springs (the "Agency") is the owner of Assessors Parcel 507- 100-029 located along the south side of Vista Chino approximately 740 feet west of Sunrise Way; and WHEREAS, in response to request for electrical service, Southern California Edison Company, has requested the Agency grant an easement for the undergrounding of existing electrical lines along the southern portion for the property, more particularly described in the Grant of Easement document and shown on the Plat Map attached hereto; and WHEREAS, granting the easement requested by the Edison Company will allow electrical services to the proposed Palm Springs Senior Housing project to be built on a portion of this site. The undergrounding of the electrical facilities will enhance future development of the parcel to be retained by the Agency, and will be in the best interest of the Agency; NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, as follows: Section 1. Approve an easement with Southern California Edison Company for the undergrounding of electrical lines as shown on the Plots within APN 50-7-100-029, additionally giving the Agency the right to require relocation of said easement. Section 2 . The Executive Director is hereby authorized to execute said Grant of Easement on behalf of the Community Redevelopment Agency of the City of Palm Springs, in a form approved by the Agency's legal counsel. Section 3 . The Assistant Secretary is :hereby authorized to record said Grant of Easement in the office of the County Recorder of Riverside County. ADOPTED this 5th day of April, 1995. AYES: Members Kleindienst, Lyons, Reller-Spurgin and (:hairman Maryanov NOES: None ABSENT: None ABSTAIN: Member Hodges ATTEST-: COMMUNITY REDEVELOPMENT AGENCY f' OF THE CITY OF PALM SPRINGS, By CALIFORNIA Assistant Secretary Cha ix�man REVIEWED JAPROVED c. �-( b RESOLUTION NO. 973 OF TFIE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR THE 1994--95 FISCAL YEAR. WHEREAS Resolution 938 approving the budget for the fiscal year ' 1994-95 was adopted on July 6, 1994 ; 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 938 , adopting the budget for the 1994-95 fiscal year is hereby amended as follows: SECTION 1. ADDITIONS FUND Activity Account Amount No. 812 306 $1, 100,000 udgeted Trans Out 842 0181 4662 (100,000) Title: Tahquitz Andreas Other Debt Service Capital Projects & Debt Service Purposes To pay a portion of the Convention Center's current year debt service from the remaining proceeds of the 1994 Series A & B Financing Revenue Bonds SECTION 2 . SOURCE FUND —� Activity Account Amount No. 812 301 $1,100,000 842 301 (100,000) Title: Tahquitz Andreas Fund Balance Capital Projects & Debt Service ' Adopted this 3rd day of May 1995. AYES: Members Kleindienst, Lyons and Chairman Maryanov NOES: Members (lodges and Reller-Spurgin ABSENT: None ATTEST: COMMUNITY RELEVELOPMENT AGENCY OF' THE�ICITY OF PALM SPRINGS Secretary Chairman REVIEWED AND APPROVED AS TO FORMS RESOLUTION NO. 974 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR THE 1994-95 FISCAL YEAR. WHEREAS Resolution 938 approving the budget for the fiscal year 1994-95 was adopted on July 6, 1.994 ; 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 trans[ers as required in accordance with this Resolution, and that Resolution 938, adopting the budget for the 1994-95 fiscal year is hereby amended as follows: SECTION 1. ADDITIONS FUND Aetivity - --- Account Amount No. 811 & 841 304 $1,000,000 Title: Central Business Dist Capital Projects/ Budgeted Transfer Debt Service In Purpose: To provide funds in the Central Business District to offset reduced property tax increment and other reserves. — SECTION 2 . SOURCE - FUND--`D Ac.ti;rity _-- Account Amount - No. 921 306 $1,000,000 'Pitle: Plaza Theatre Fund Budgeted Transfers Out Adopted this 3rd-day of May 1995 . AYES: Members Kieindienst, Lyons adn Chairman MaryanoV NOES: Members Hodges and Reiser-Spur•gin ABSENT: Hone ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF TH V OOCITY OF PALM SPRINGS a ✓C _ ✓ L ? v — Chairman ecretary REVIEWED AND APPROVED AS TO FORM'' RESOLUTION NO. 975 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR THE 1994-95 FISCAL YEAR. WHEREAS Resolution 938 approving the budget for the fiscal year ' 1994-95 was adopted on July 6, 1994 ; 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 938 , adopting the budget for the 1994-95 fiscal year is hereby amended as follows: SECTION 1. ADDITIONS FU14D Activity Account Amount No. 111 116 $1,000,000 Title: General Fund Redevelopment Agency Loans Receivable Purpose: To provide funds to offset the current year and future years decline in property tax increment revenue. The effective dates of the loans will be 5/1/95, at an annual interest rate of 6%. SECTION 2 . SOURCE FUND Activity Account Amount No. Loans payable - General Fund 811 & 841 - Central Lusiness District 274 $400,000 814 & 844 - Ramon Bo ,ie 274 500,000 Title: 815 & 845 - Oasis 274 50,000 819 & 849 - Citywide Project Area 274 50,000 ' Adopted this 3rd day of May 1995. AYES: Members Kleindienst, Lyons and Chairman Maryanov NOES: Members Hodges and Reller-Spurgin ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF TH ; ITY OF PALM SPRINGS Byr Secretary ec S re l' etary hairman �q REVIEWED AND APPROVED AS TO FORM--k-��� RESOLUTION NO. 976 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY, CODE SECTION 33445 RELATING TO PAYMENT OF ALL OR PART OF THE COSTS OF THE INSTALLATION AND CONSTRUCTION OF CERTAIN BUILDINGS, FACILITIES, STRUCTURES, AND OTHER IMPROVEMENTS WITHIN THE TAHQUITZ ANDREAS PROJECT AREA WHEREAS, the Community Redevelopment Agency of the City of Palm Springs (the "Agency" ) adopted the Redevelopment Plan for the Tahquitz-Andreas Project (the "Project Area" ) on August 26, 1983 pursuant to Resolution No . 145 (the "Tahquitz-.Andreas Plan" ) ; and WHEREAS, the Agency has acquired and constructed certain buildings, facilities, structures; and other improvements which constitute the Palm Springs Convention Center (collectively the "Improvements" ) within the Project Area described above which are publicly-owned within the meaning of Health & Safety Code Section 33445 (the "Statute" ) ; and WHEREAS, the Members of the Agency ( "Agency Members" ) have determined that the Improvements within the meaning of the Statute are of benefit to the Project Area; and WHEREAS, the Agency Members have determined that absent the advance of certain sums by the City to construction of the Improvements, no other reasonable means of financing such Improvements were available to the community; and WHEREAS, the construction of privately financed and owned facilities within the Project Area were a direct or indirect result of the construction of the Improvements; and WHEREAS, those privately owned facilities produce property tax increment for the Project Area; and. WHEREAS, the Agency has determined that a reasonable allocation of that property tax increment generated directly or indirectly by the Improvements would be $247 , 755 per year, or approximately 6 . 64i of the current year' s debt service on the Convention Center 1991 Series A Lease Revenue Bonds (the "Convention Center Bonds" ) ; and WHEREAS, that 6 . 640 of the remaining principal and interest payments of the Convention Center Bonds is $7, 081 . 232 ; and WHEREAS, all of the findings and determinations made herein were based upon careful consideration and analysis of all relevant and available evidence . NOW, THEREFORE, THE AGENCY MEMBERS do hereby resolve and determine as follows : Section 1 . The Project Area shall have $7, 081, 232 of the Convention Center Bonds allocated to it . Section 2 . To the extent that property tax increment revenues are legally available, the Project .Area shall pay 6 . 64s of the annual debt service on the Convention Center Bonds, which obligation shall be subordinated to all of the existing and future bonded indebtedness of the Agency , (the "Agency Contribution") . R976 Page 2 Section 3 . The Agency Members hereby determine and find.: (a) That the Improvements are of benefit to the Project Area. (b) That no other means of financing a portion of the Improvements are available to the community other than the Agency Contribution in that (i) the City' s general fund has made significant contributions to the Project Area and is experiencing financing hardship; (ii) the City' s general fund can no longer pay all net operating expenses and debt service upon the Improvements; (iii) the anticipated Agency Contribution was critical to the construction and expansion of the Improvements, the Agency' s acquisition of the Prairie Schooner Parcel and the undertaking of other redevelopment activities of the Agency relating to or in the proximity of the Improvements . (c) That the Agency Contribution for the costs of the Improvements will assist in the elimination of one or more blighting conditions within the Project Area. Section 4 . Based upon the findings contained in Section 3 (b) , the Agency hereby approves the Loan Agreement, dated as of May 3 , 1995, by and between the Agency and the City of Palm Springs, a copy of which is attached to this Resolution (the "Loan Agreement" ) and authorizes and directs the execution of the Loan Agreement on behalf of the Agency. ' Adopted this 3rd day of May 1995 AYES : Members Kleindienst, Lyons and Chairman Maryanov NOES : Members Hodges and Reller-Spurgin ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE /l CITY OF PALM SPRINGS Assistant Secretary Mayor REVIEWED AND APPROVED AS TO FORM l__ RESOLUTION NO. 977 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING AI3 OWNER PA'RTIQPATION AGREEMENT' WITH TEACHERS INSURANCE AND ANNUITY ASSOCIATION REGARDING A LOT LINE ADJUSTMENT AND PUBLIC PARKING LOT IMPROVEMENTS AT "THE 'VINE YAW)" -------------------- W IEREAS the Community Redevelopment Agency is the owner of Assessor's Parcel Number (APN) 513-153-028 which is utilized as a p-_rblic parking lot, and Teachers Insurance and Annuity Association is the owner of the adjacent APN 513-153-02.5 which is the location of "The Vineyard" corornercial center; and WHEREAS the Community Redevelopment Agency has previously approved an Owner Participa%ion Agreement for the property which has been subsequently amended; and WHERE,A.S a Lot Line Adjustment is neccessary in order to transfer ownership of 1,056 square feet of the Agency-owned parcel to Teachers Insurance and Annuity Association in order to prolr€rly renovate and maintain "The. Vineyard", and this transfer of ownership can be accomplished without negatively affecting the operation an/or maintenaince of the adjacent public parking lot owned by the Agency; and WHEREAS the City-approved renovation plans for "The Vineyard" require that this Lot Line Adjustment and related transfer of property ownership be completed, and are consistent with the purposes and objectives of the Redevelopment Plan for the Central Business District and will assist in the elimination of blight by encouraging the revitalization of "The Vineyard" project, allowing for upgrading of tenant space which has faced significant vacancy; and WI-IEREAS the Teachers insurance and Annuity Association bas agreed to comransate the Agency for the estimated current value of the land to be transferred to its ownership, in the amount of $19,1'r`,10, and this amount is computed at a unit price of $18 per square foot, which is coarrpa,ablc to current land values of parcels, fronting on Belardo Road in Downtown Palm Springs as documented in the Suanmary Report of May 19,1995; and WHEREAS this compensation amount of$19,000 can be applied toward the reimbursement of expenses totalling $38,000 for the needed improvements within the public parking lot which are required in order to bring this facility up to current City standards for on-site lighting and pavement surface condition; and WLIEREAS this compensation amount;can be matched by $19,000 from the City's Parking Fund in order to pay for the necessary improvements which will bring; the facility up to current City standards .and will be complementary to the privately funded renovation of "The Vineyard"; and WHEREAS a public hearing was held on June 7, 1995 to consider the approval of the OPA, which hearing was duly noticed in accordance with Health and Safety Code Section 33433, and a copy of the itznrpary Report dated May 19, 1995 was available for public inspection upon notice of the public hearing. NOW TEEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City of Patera Springs that: 1) the OPA will assist in the elimination of blight, consistent with the R.edeveloprnent Plan; 2) the OPA is consistent with the Implementation Plan; 3) the sales price of $110 pier squae foot for the parcel area included within the Lxrt ]Line Adjustment is not less than rurst"nt Fair lvlarket Value, as stated in the Sumpur!�R rt of May 19, 1995; and 4) the Owner Paiiicipation Agreement with Teachers Insurance and Annuity Association in regard to the Lot Lane Transfer and public parking lot irnprovemcnts adjacent to "The Vineyard" is hereby ag:�proved and shall lre executed in a form approved by the City Attorney. - R977 _ — 35 Page 2 ADOPTED dais 7th day of June 1995. AYES: Members Hodges, Kleindienst, Lyons, Reller-Spurgin and Chairman Maryanov NOES: None A.ESEMP: None ' ATTEST: COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS, CALIFORNIA By�� !4x-op", Assi'sia«t Secretary C airman REVIEWED AND APPROVED -2- RESOLUTION NO. 978 OF THE COMMUNITY REDEVELOPMENT AGE14CY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING BUDGETS FOR PALM SPRINGS UNIFIED SCHOOL DISTRICT, COLLEGE OF THE DESERT AND RIVERSIDE COUNTY SUPERINTENDENT OF SCHOOLS IMPROVEMENTS AND FINDING THAT SAID IMPROVEMEN`.['S ARE OF BENEFIT TO T7IE BARISTO-FARRELL AND AREA NUMBER 9 REDEVELOPMENT PROJECT AREAS. WHEREAS the Community Redevelopment Agency of the City of Palm Springs and the Palm Springs Unified School District, College of the Desert and Riverside County Superintendent of Schools ("Agencies1°) entered into agreements to allocate certain funds from the Baristo-Farrell and Area Number 9 Redevelopment Project Areas to construct certain eligible capital improvements to facilities which benefit the areas; and WHEREAS pursuant to these agreements, the Agencies have submitted budgets for fiscal year. 1994/95 for the following: Project Area __ Agency Baristo-Farrell No. 9 Palm Springs Unified $63 , 890 $25, 043 College of the Desert 18, 236 7, 148 County Superintendent 9, 921 0 WHEREAS the proposed budgets are eligible expenditures as outline in the agreements. NOW THEREFORE be it .resolved that the Community Redevelopment Agency of the City of Palm Springs, California, does hereby resolve the following: SECTION 1. The proposed budgets submitted .by the Agencies are hereby approved. SECTION 2 . The proposed improvements identified in the proposed budgets are hereby found to be of benefit to the Baristo-Farrell and Area Number 9 Redevelopment Project Areas and its residents and businesses. ADOPTED this —7th day of dune ., 1995 AYES: Members dodges, Kleindiens't, Lyons, Reller-SRurgin and Chairman Maryanov NOES: None ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM[ SPRINGS, CALIF'ORNIA of C-t _A-gsistant Secretary F Chairman REVIEWED AND APPROVED: ` EM9 CdUA IA\PASSUY9495TES RESOLUTION NO. gig OF THE COMMUNITY REDEVELJMENT AGENCY OF THE CITY OF' PALM SPRINGS, CALIFORNIA, APPROVING EXCLUSIVE AGREEMENT TO NEGOTIATE WITH LINSU DEVELOPMENT COMPANY, L.L.C. AND APPROVING LETTER AGREEMENT FROM FULLER & ASSOCIATES TO DO APPRAISAL. ---------------------- WHEREAS, on July 31, 1985, the Community Redevelopment Agency entered into an Owner Participation Agreement with Renaissance Hotel ParLner,ship ("Renaissance") to construct a 10.5-room hotel upon the property, located on the southeast corner of Vista Chino and Indian Canyon Drive; and WHEREAS, "Renaissance" has defaulted on its obligations and the Agency served a notice of termination. WHEREAS, The Linsu Development Company, L.L.C. is interested in acquiring the Site for the expansion of the Developer's hotel (Desert Shadow Inn) located adjacent to the Site, which expansion shall include units generating transient occupancy tax in an amount to be agreed upon by the parties; and WHEREAS, "Linsu" has deposited the amount of $10, 000 with the City to cover the appraisal costs and legal fees to pursue this project. NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs as follows: ' .SECTION 1 . Council approves Exclusive Agreement to Negotiate with Linsu Development Company, L.L.C. for acquisition of "Renaissance" property, located on southeast corner of Vista Chino and Indian Canyon Drive. SECTION 2 . Council approves Letter of Agreement from Fuller and Associates for appraisal on "Renaissance" property. SECTION 3 . The Executive Director of the Agency, and/or his designee, is authorized to execute all necessary documents, in a form approved by the Agency Counsel . ADOPTED this 21st day of June 1995. AYES: Members Hodges, Kleindienst, Lyons, Resler-Spurgin and Chairman Maryanov NOES. None ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY CITY PALM SPRINGS, CALIFORNIA By Assi ant Secretary Chairman REVIEWED & FpPP.OVED - ��'t C CL �'i RESOLUTION NO. 980 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A BUDGET FOR THE COMMUNITY REDEVELOPMENT FUND FOR THE FISCAL YEAR 1995-96 WHEREAS a budget for the fiscal year 1995-96 has been prepared by the Community Redevelopment Agency Redevelopment Director and the Agency Treasurer. ; and WHEREAS the Community Redevelopment Agency has examined said budget 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 Administrative Fund budget, NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City of Pal.m Springs as follows: Section. 1 . That the budget in the amount of $6,036,02.3 be approved for the following purposes: Capital Debt S Admin Service Central Business DisLrirt $ 398,034 $1,351, 120 Tahquita Andreas 56,704 664,554 South Palm Canyon 76,940 193,292 Ramon Bogie 15,5:34 397,841 Oasis 3,622 115,848 North Palm Canyon 61,839 258,870 Highland Gateway 15,689 32,356 Baristo Farrel 43,993 772,480 City-wide 58,043 539,351 Canyon Development 32,445 280,118 Low & Mod. Income Housing 182,241 481,512 Plaza Theater 201,617 -0- $ 948,681 $5,087,342 Section 2. That the Finance Director of ,the City of Palm Springs is authorized to record the budget and such other accounti_ng entries as may be necessary for proper accounting treatment in accordance with ,rules and regulations applicable to other City of F'alm Springs funds. Section .3. That disbursement of funds from the Community Redevelopment Agency Redevelopment Fund may be made without prior audit or approval. of the Community Redevelopment Agency, provided it is in conformity with a properly adopted budget. ADOPTED this 21st day of June _, 1995 AYES: Members Kleindienst, Lyons, kelie'r-Spurgin and Chairman Maryanov NOES: Member Nudges ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA By. F!s's scant ,secretary / Chai_rman REVIEWED & APPROVED as to form- R 980 �^ Page 2 COMMUNITY REDEVELOPMENT AGENCY PROPOSED BUDGET, FISCAL YEAR 1995-96 APPROPRIATIONS BY CATEGORY CATEGORY ' Downtown Development Center $ 128, 000 Other Contractual Services 39 , 006 Contractual Legal. 86, 000 City Admin. 62 , 118 Economic Development Admin. 216, 083 CRA-owned Property Maintenance 75, 636 Plaza Theaire Lease 154 , 000 Low & Mod dousing Staffing 99 , 886 Capital 40, 000 Other 47, 952 TOTAL S 948 . 681 Prepared by: Director of Finance & Treasurer 6/16/95 RESOLUTION NO. 981 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CONTINUING APPROPRIATIONS FROM FISCAL YEAR 1994-95 TO THE FISCAL YEAR 1995-96. WHEREAS the Community Redevelopment Agency of the City of Palm Springs has adopted a budget for the 1995-96 fiscal year; and WHEREAS certain projects budgeted in the 1994-95 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 Community Redevelopment Agency of the City of Palm Springs hereby authorizes the carrying forward to the nearest dollar, as continuing appropriations into the 1995-96 fiscal year, the amount indicated or the final audited unencumbered balances, whichever is the lesser amount, as of June 30, 1995 of the following accounts: ACCOUNT NO. ACCOUNT TITLE AMOUNT 811-0180-7260 Morrison Parking Lot 1,332 811-0180-7387 Plaza de las Flores 93,888 811-0180-7860 Belardo Parking Project 361 811-0180-7931 Heritage Trail Local Match 10,600 813-0182-7934 Low Interest/Revolving Loan Program 58,000 816-0185-7595 Damaged Curb & Sidewalk Repair 15,239 816-0185-7934 Low Interest/Revolving Loan Program 58,000 816-0185-7935 Heritage Trail Supplement/Link 11,000 816-0185-7936 Palm Canyon Drive Decorative Lights 51,013 816-0185-7937 Irrigation System Upgrade/Palm Trees, 21,200 816-0185-7938 Banner/Arch Gateway Elements 37,717 817-0186-7940 Commercial Rehabilitation 100,000 819-0188-7934 Revolving Loan Program 50,000 820-0191-7811 Canyon Project Legal Fees 48,511 820-0191-7941 Pre-Construction Fees/Canyon Project: 200,000 n 902-0181-7298 Self Help Housing 200,000 902-0181-7468 Housing & Econ. Rehabilitation 11,498 902-0181-7728 Relocation Assistance 10,000 902-0181-7942 Section 202 Senior Housing 40,780 902-0181-7949 HOME Program 432,331 921-0180-7609 Plaza Theatre Renovation 129,701 921-0180-7943 Courtyard Pavement Repair 10,000 1,591,171 All appropriations approved subsequent to passage of this resolution, but prior to the end of the 1994-95 fiscal year. ADOPTED this 19th day of Lilly , 1995. AYES: Members Hodges, Kleindienst, Lyons, . Reller-Spurgin and Chairman Maryanov NOES: None ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS By Se retary ! Chairman REVIEWED & APPROVED — n RESOLUTION NO. 982 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, TO LEASE PREMISES AT 404 NORTH PALM CANYON DRIVE, TO NGUYEN THI MINH HUONG DBA BEAUTIFUL NAILS FOR A TERM OF ONE YEAR. ' WHEREAS, the Community Redevelopment Agency desires to lease premises at 404 North Palm Canyon Drive; and WHEREAS, Nguyen Thi Minh Huong has asked to renew the lease of the premises for the purpose of conducting therein a nail and manicure business. NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs as follows: SECTION 1. The Executive Director of the Community Redevelopment Agency, or his designee, is hereby authorized to enter into a lease with Nguyen Thi Minh Huong DBA Beautiful Nails, on the premises located at 404 North Palm Canyon Drive, Palm Springs, California, in a form acceptable to the Agency Counsel. SECTION 2 . Lease shall be for a term of one year, commencing July 1, 1995, at a annual rent of $7, 150. 00 payable monthly, in advance at $650. 00, except for the month of August, 1995. ADOPTED this 19th day of July , 1995. AYES: Members Hodges, Kleindienst, Lyons, Reller-Spurgin and Chairman Maryanov NOES: None ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY CITY ,O,F PALM SPRINGS, CALIFORNIA By Assistant Secretary Chairman REVIEWED & APPROVED RESOLUTION NO. '383 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A LEASE AGREEMENT WITH LOUISE'S PANTRY, INC. FOR A BUILDING LOCATED AT 124 SOUTH PALM CANYON DRIVE WHEREAS, effective April 1, 1989, the Agency entered into an agreement for the acquisition of certain properties from Earl Strebe; and WHEREAS those properties include the Plaza Theatre, the Louise's Pantry building and the former Karen's Korner; and WHEREAS the Agency assumed control over those properties subject to existing leases; and WHEREAS the leased properties have been re-leased as the existing leases expired; and WHEREAS the Louise's Pantry Restaurant Lease for 1160 square feet of building and part basement located at 124 South Palm Canyon Drive expires August 31, 1995; and WHEREAS ,the Agency desires to continue to lease said building at 124 South Palm Canyon Drive to Louise's Pantry, Inc. NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, that a Lease Agreement with Louise's Pantry, Inc. for a 'building at 124 South Palm Canyon Drive, to continue to be used as a restaurant at an annual rental rate of $22,968 plus real property taxes, is hereby approved, in a form acceptable to the City Attorney, for a period of one year, with two (2)one-year extension options; and the Agency finds that the lease of the property on the foregoing basis is the fair market value of the property. ADOPTED this 19th day of July 1995. AYES: Members Hodges, Kleindienst, Lyons, P',eller-Spurgin and Chairman Maryan NOES: None ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS, CALIFORNIA yAssistant Secretary Chairman REVIEWED & APPROVED AS TO FORM .S RESOLUTION NO. 984 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR THE 1994-95 FISCAL YEAR. WHEREAS Resolution 938 approving the budget for the fiscal year 1994-95 was .adopted on July 6, 1994; 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 938, adopting the budget for the 1994-95 fiscal year is hereby amended as follows: SECTION 1. ADDITIONS FUND Activity Account Amount No. 811 0180 7669 $32,000 Title: Central Business Capital Projects Downtown Streets/ District Sidewalks/Parking Purpose: To provide funds to cover additional expenditure for engineering services and construction observation on Palm Canyon Drive ImproVement Project in conjunction with Desert Water Agency water main upgrade. SECTION 2. soURCE Refund of monies held for potential IRS arbitrage interest payment with defeasance of 1987 Central Business District bond issue. FUND Activity Account. Amount No. 811 301 $32,000 Title: Central Business Fund Balance District Adopted-'this 2nd day of August 1995. AYES: Members Hodges, Kleindienst, Lyons, Reller-Spurgin NOES: None ABSENT: Chairman Maryanov ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS By �i- c,� �'f �/[�l ° Cha rma ��Secretary n' � � . REVIEWED AND APPROVED AS TO FORM �. RESOLUTION NO. 985 OF THE COMMUNITY REDEVELOPMENT AGENCY OF TIfE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A LOAN AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND THE COMMUNITY REDEVELOPMENT AGENCY IN THE AMOUNT OF $19, 000 AT 6% PER ANNUM SIMPLE INTEREST. BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, California, that a Loan Agreement between the City of Palm Springs and the Community Redevelopment Agency of the City of Palm Springs, in the amount of $19, 000 at 6% per annum simple interest, for parking lot improvements on the Agency-owned parking lot adjacent to the Vineyard shopping center, is hereby approved. ADOPTED this 6th day of September , 1995. AYES: Members Hodges, Kleindienst, Lyons, Reller-Spurgin and Chairman Maryanov NOES: None ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY 07' PALM SPRINGS, CALIFORN.1A $y �_'Asslstant Secretary / -'Chairman REVIEWED & APPROVED RESOLUTION NO. 986 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING THE PURCHASE OF SIX (6) PARKING LOT LIGHTING FIXTURES FROM DELTA LIGHTING SYSTEMS FOR INSTALLATION IN THE AGENCY'S PARKING LOT ADJACENT TO "THE VINEYARD" IN DOWNTOWN --------------------------------- WHERAS the Agency owns a parking lot adjacent to "The Vineyard" commercial center In Downtown Palm Springs which has deficient lighting in terms of acceptable lighting levels; and WHEREAS a City standard/themed "single globe" lighting fixture has been adopted by Public Works for installation in Downtown, and this fixture has been consistently installed along Palm Canyon Drive per the terms of a City purchasing agreement with Delta Lighting Systems, Inc., which was awarded subsequent to a competitive bidding process; and WHEREAS a slightily modified 'twin globe" version of this fixture was installed III the Agency-owned parking lot at the former "Bullocks-Wilslifre" property when it was improved as a public parking lot, and therefore established a design theme and standard for parking lot lighting in Downtown; and WHEREAS there is a need to apply this new parking lot lighting standard consistently through Downtown hn order to promote public safety, discourage vandalism through unproved illumination and to enhance the aesthetic theme for this area; and ' WHEREAS Teachers hnsurance and Annuity Association (TIAA) and the Agency have entered into an Owner Participation Agreement in which TMA has agreed to pay a total of $19,000.00 for the purchase of six (6) Delta "twin-globe" parking lot fixtures to be installed on the Agency's parking lot adjacent to "The Vineyard" and this amount has been received by the Agency and placed inn an account for this purpose; and WHEREAS the total cost of these fixtures from Delta equals $19,168.73 Including tax and shipping costs. NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs that the purchase of six (6) "twin globe" standard Downtown parking lot fixtures from Delta Lighting Systems at the total cost of $19,168.73 is approved for installation at the Agency-owned parking lot adjacent to "the Vineyard". ADOPTED this 6th day of September, 1995 AYES: Members Hodges, Kleindienst, 1-yons, Reller-Spurgin & Chairman Maryanov NOES: None ABSENT: None ' ATTEST: COMMUNITY REDEVELOPMENT AGENCY CITY OF P/,�LM SPRINGS, CALIFORNIA By: l_ Assistant Secretary ' / Chairmarl REVIEWED AND APPROVED �q( c RESOLUTION NO. 987 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A LEASE AGREEMENT WITH GLADYS B. MCMILLAN AT 265 NORTH INDIAN CANYON DRIVE WHEREAS the Agency owns a building located at 265 North Indian Canyon Drive, commonly known as the "Rudnick Building", which is currently vacant and produces .no income to the Agency; and WHEREAS, the Agency desires to retain ownership of this building for at least the next two (2) years and to have the building occupied in order to minimize vandalism and further deterioration of this vacant property; and WHEREAS, Gladys B. McMillan wishes to lease approximately 2, 000 square feet of this building for the operation of "Dave's Jewelry and Loan"; and WHEREAS, this proposal involves an unassignable two-year lease to Gladys B. McMillan at a market lease rate of $1 .00/square foot/per month, with no extension options and no additional expenses being incurred by the Agency, as a result of this lease. NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs,, that a two-year Lease Agreement with no extension options, in a form acceptable to Agency Counsel, be approved with Gladys B. McMillan, for the building located at 265 North Indian Canyon Drive, to be improved and operated as "Dave's Jewelry and Loan" at the rental rate of $2, 000 per month. The Agency finds that the lease of the property on the foregoing basis is the fair market value of the property. ADOPTED this 6th day of September , 1995. AYES, Members Hodges, .Lyons, Reller-Spurgin & Chairman Maryanov NOES: Member Kleindienst ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS, CALIFORNIA y Assistant Secretary Chairman REVIEWED & APPROVED gQ RESOLUTION NO. 988 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE OWNER PARTICIPATION AGREEMENT WITH LINSU DEVELOPMENT COMPANY, L.L.C. TO ' PURCHASE PROPERTY LOCATED AT SOUTHEAST CORNER OF VISTA CHINO AND NORTH INDIAN CANYON DRIVE. --------------------- 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, on October 19, 1984 by Ordinance Number 1227, the City Council of the City of Palm Springs approved and adopted a Redevelopment Plan for the North Palm Canyon Redevelopment Project Area ("the Plan") ; and WHEREAS, on July 31, 1985, the Community Redevelopment Agency entered into an Owner Participation Agreement with Renaissance Hotel Partnership ("Renaissance") to construct a 105-room hotel upon the property, located on the southeast corner of Vista Chino and Indian Canyon Drive; and WHEREAS, "Renaissance" has defaulted on its obligations and the Agency served a notice of termination on November 16, 1993 ; and ' WHEREAS, the proposed project is within the North Palm Canyon Redevelopment Project Area and falls within the parameters of eliminating a blighted condition; and WHEREAS, the Linsu Development Company, L.L.C. ("Participant") has offered to purchase the Site for the expansion of the Developer's hotel (Desert Shadows Inn) located adjacent to the Site, which expansion shall include units generating transient occupancy tax; and WHEREAS, "Participant" has negotiated an Owner Participation Agreement with the Community Redevelopment Agency of the City of Palm Springs; and WHEREAS, a Notice of Public Hearing concerning the sale was published in accordance with applicable law; and WHEREAS, on October 18, 1995, the Agency held a Public Hearing concerning the sale; and WHEREAS, the Agency has considered the Agency Summary Report prepared pursuant to Health and Safety Code Section 33433 , the staff report, and all the information, testimony and evidence provided during the public hearing on October 18, 1995. 1 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: c ra -a - $D Linsu Resolution 988 October 18, 1995 Page 2 (a) The Mitigated Negative Declaration has been completed in compliance with CEQA, the State CEQA Guidelines and the City's CEQA procedures. The Community Redevelopment Agency has independently reviewed and considered the information contained in 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) , and that on the basis of the Environmental Assessment and comments received during the public review process as of this date, and in light of the whole record there will be no adverse environmental effects as a result of the approval of the project because mitigation measures identified in the Environmental Assessment/Mitigated Negative Declaration have been incorporated into the project which mitigate any potential significant environmental effects to point acceptable within the community. The Community Redevelopment Agency further finds that the Environmental Assessment/Mitigated Negative Declaration reflects its independent judgement. (b) The Mitigation Monitoring Program is in compliance with Public Resources Code Section 21081. 6 and is required in order to assure compliance with the above- referenced mitigation measures during project implementation„ These mitigation measures are referenced in Exhibit A attached. (c) Pursuant to Fish and Game Code Section 711.4, this project has a de minimis impact on fish and wildlife. SECTION 3 . The Summary Report has been made available to the public in ',a timely basis and describes and specifies theifollowing: (a) The cost of the Agreement to the Agency could be, $100, 000, 'which is what Agency would reimburse the Developer. The Developer, in turn, would be reimbursed out of tax incremo-l- derived from the project. The amor ' of tax increment generated annually would be approximately $24, 400. I Acquisition costs are to be C('� -0- Linsu Resolution 988 October 18, 1995 Page 3 reimbursed by the Developer, who will pay ' fair market value. (b) The estimated value of the interest to be conveyed valued at the highest and best use permitted under the Plan is $399, 000. (c) The estimated value of the interest to be conveyed determined at the use and with the conditions, covenants and development costs required by the sale is $399, 000. (d) The purchase price is $399, 000. (e) The property is being conveyed for the values estimated in (b) , and, therefore, there is no land write down. SECTION 4 . The Agency does hereby find and determine as follows: (a) The property was originally developed in 1946; however, after an exhaustive abatement procedure, the City Council ordered the demolition of the buildings. In 1985, the Redevelopment Agency entered ' into an OPA with the Renaissance Hotel Partnership to construct a 105-unit hotel with subterranean parking and tennis courts. The Partnership was never able to get funding, so the hotel was never constructed. The land has been vacant since 1985. Due to the various liens and litigations pending on the property, development is not able to proceed and it remains an eyesore in the community. Only the Community Redevelopment Agency is able to take effective legal action to produce a developable site. The private sector, acting alone, could not accomplish the project. (b) The sale effectuates the purposes of the Plan and is in the highest and best interest of the City of Palm Springs and of the Project Area, and that the sale is intended to result in the development and revitalization of a portion of the City which will help expand and diversify the City's economic base. ' (c) The Purchase Contract 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 sale will facilitate the redevelopment and operation of the hotel and retail buildings by causing the 01M-a. -/ i Linsu Resolution 988 October 18, 1995 Page 4 remodel 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. (d) 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 5. 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 our tourist business by expanding a destination-type resort and creating a beautiful architecturally inviting project on a previously vacant, run-down piece of land on a very busy corner. SECTION 6. That the consideration payable for the property is not less than the fair market value of the property in accordance with the highest and best use under the Redevelopment Plan. SECTION 7. Based on foregoing reasons, the OPA is hereby approved and incorporated herein by this reference. SECTION 8 . 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 10thi day of October , 1995 . AYES: Members Hodges, Kleindienst, Lyons, Reller-Spurgin and Chairman Maryanov NOES: None ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS, CALIFORNIA yf By / �� L C i" � Asskstaht Secretary Chairman ' REVIEWED & APPROVED -T—Q J ��- Res No. 988 Page 5 EXHIBIT A MITIGATION MONITORING PROGRAM owner Participation Agreement for Linsu Development Corporation to purchase property located at the southeast corner of Vista Chino and Indian Canyon Drive. The following represents the City's Mitigation Monitoring Program in connection with the Mitigated Negative Declaration. MITIGATION MEASURE: To minimize Construction Activity Emissions,the project applicant shall implement the following mitigation measures during construction: 1. Prior to any grading permit, the applicant shall obtain from the City approval of a Fugitive Dust and Erosion Control Plan which shall indicate the following provisions: * SCAQMD Rule 403 shall be adhered to, insuring the clean up of construction related dirt on approach routes to the site. * Adequate watering techniques shall be employed to partially mitigate the impact of construction- generated dust particles. The water shall be reclaimed or agricultural canal type, whenever available. Portions of the project site that are undergoing earth-moving operations shall be watered such that a crust will be formed on the ground surface and then watered again at the end of the day. * Grading operations shall be suspended during first and second stage ozone episodes or when winds exceed 30 mph. * Any construction access roads shall be paved as soon as possible and cleaned after each work day. The maximum vehicle speed limit on unpaved roads shall be 15 mph. 2 . During construction, SCAQMD Rule 1108 and 1108 . 1 shall be adhered to, prohibiting the use of rapid and medium cure cutback asphalt as well as organic compounds in emulsified asphalt used during the construction process. 3 . SCAQMD Rule 1113 shall be adhered to, restricting the VOC content of any architectural coating materials used on- site to a maximum of 2 . 08 pounds of VOC per gallon. 4 . Any construction equipment using diesel drive internal combustion engines shall use a diesel fuel with a maximum of 0. 05% sulfur and a four degree retard. 5 . The project shall use any accumulated blowsand on-site as a construction material. ' 6 . In the event that accumulated blowsand must be transported off-site, destinations downwind and outside of the Blowsand Hazard Zone shall be utilized, whenever feasible. ddd I k C rc -c— e=yeti', ,o 6'1Y �C•7E 6.t3iV'1M6.1NIfY REOEV. no 0 Res. No. 988 Page 6 To reduce long-term wind erosion impacts: 1. During the installation of landscaping, shelter belts and windbreaks shall be incorporated in the tree planting plan to reduce the effects of seasonal winds flowing through the San Gorgonio Pass. 2 . Landscaping shall include berms and ground cover where necessary to reduce the potential for blowsand across the site and further downwind. 3 . Any vegetation ground cover to be utilized on-site shall be planted as soon as possible to reduce the amount of open space subject to wind erosion. Irrigation systems needed to water these plants shall be installed as soon as possible to maintain the ground cover and minimize wind erosion of the soil. To reduce long term operational emission impacts (by reducing VMT) : 1. The proposed project shall include the provision of bicycle lanes and the safe convenient pedestrian paths to encourage the use of alternative modes of transportation. 2 . The project applicant shall adhere to all SCAQMD Rules and Regulations. To reduce construction-related traffic emissions: 1. During construction, the applicant: shall use diesel- powered construction equipment rather than gasoline powered equipment to affect exhaust emissions reductions and evaporative and crankcase HC emissions reductions. 2 . Construction shall be properly maintained and serviced to minimize exhaust emissions. 3 . Any earth transported on-site shall. be covered and the wheels and lower portions of transport trucks shall be sprayed with water before entering and leaving the site. 4 . Construction shall be scheduled to begin on the northern portion of the site to shield downwind areas from blowsand early on in the development process. To reduce construction-related traffic congestion impacts: 1. Construction personnel shall be informed of ride-sharing and transit opportunities. 2 . Construction parking shall be conficlured to minimize traffic interference. 3 . Construction operations affecting off-street roadways shall be scheduled for off-peak traffic hours and shall minimize obstruction of through traffic lanes. RESPONSIBLE FOR MONITORING: The pro,ject's construction manager, the Planning and Building Department, 'and the Engineering Department. TIMING: Prior to grading plan approval, during the grading and throughout the entire construction phase. . i,, t,€.l':FEs:3 13Y _y WE C:OAMU(;* ITY REDEV. AG EM uY BY RES. HO. V Res. No. 988 Page 7 MITIGATION MEASURE: Noise abatement procedures Construction activities shall take place only between 7 : 00 a.m. and 8 : 00 p.m. to reduce noise impacts per the Palm Springs Noise Ordinance Section 11.74 . 041. All construction equipment, fixed or mobile, shall be ' equipped with properly operating and maintained mufflers. Stationary equipment shall be placed such that the emitted noise is directed away from existing residential development. Stockpiling and vehicle staging areas shall be located as far as practical from residential areas. RESPONSIBILITY FOR MONITORING: The project's construction manager, Planning and Building Department,Engineering Department. TIMING: This shall be checked on a weekly basis throughout the entire construction phase. MITIGATION MEASURE: The applicant shall be required to stop all grading activities if historical or archeological discoveries are found. If potential sites are founded during grading activities, such activities shall be suspended or diverted until such time a professional archaeologist examines the site and makes a recommendation. RESPONSIBLE FOR MONITORING: Planning and Building Department, Engineering Department. ' TIMING: During grading inspections. 3 Sy 'iliE CAAsI/vivHUY REDEv. BY RES. 140. k 4 RESOLUTION NO. 989 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR THE 1995-96 FISCAL YEAR. WHEREAS Resolution 980 approving the budget for the fiscal year ' 1995-96 was adopted on June 21, 1995; 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 980, adopting the budget for the 1995-96 fiscal year is hereby amended as follows: SECTION 1. ADDITIONS FUND Activity Account Amount No. 902 0190 4501 $2,087,000 Title: Low & Moderate Capital Projects Land Income Housing Purpose: To appropriatq.funds for the purchase of the land underlying the Coyote Run Apartments and the Sunrise Mobile Home Park. SECTION 2 . SOURCE FUND Activity Account Amount No. 902 301 Title: Low & Moderate Fund Balances Income Housing Adopted this 15th day of November 1995. AYES: Members Kleindienst, Lyons, Reller-Spurgin and Mayor Maryanov NOES: None ABSENT: Member Hodges ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF T4P CITY OF PALM SPRI/N�GS^ R A�-st. Secretary Chairman �a SENT BY:RUTAN & TUCKER ;11- 6-05 ;11 49AM ; P.UTAN & TUCKER 619322832.0,# 2 RESOLUTION NO. 990 OF THE COMMUNITY REDEVF.,,OPMENT AGENCY OF THE CITY OF PALM SPRINGS APPROVING A PUI CHASE .AND SALE AND ASSIGNMENT OF LEASE AGREEMENT BE'I`wEY" THE AGENCY AND THE CITY OF PALM SPRINGS WHEREAS, the Community Redevelopment Agency of the City of: Palm 1 Springs ("Agency" ) is a public body, corporate and politic, organized and existing under the California Community Redevelopment Law ("CRL") (Health & Safety Code 933000 gL geq. ) ; and WHEREAS, the City of Palm Springs ("City") is a mu>liaipal corporation and general law city pursuant to state law; and WHEREAS, City is the owner in fee of a 39. 73 acre site generally known as the Sunrise Mobile Home Park ("Property") which is subject to a ground lease ("Lease' ) between City and Santiago Corporation ("Lessee") for the operation of a mobile home park by I,essee; and WHEREAS, the Lease requires that occupancy be restricted to persons and families of low and moderate income; and WHEREAS, pursuant to Health and Safety Code Sections 33334.2 g-t� sea. , Agency is authorized to expend funds in its Low and Moderate Income Housing Fund ("Housing Funds") for purchase of real property for affordable housing provided that such property is restricted for use by persons and families of low and moderate income for the longest feasible time subject to the provisions of Health and Safety Code Section 33334.3; and WHEREAS, the Agency is authorized under the CRL to use Housing Funds to acquire the Property from City; and WHEREAS, the fair market value of the 39. 73 acre Property, as undeveloped land, has been determined by appraisal to be One Million Five Hundred Ten Thousand Dollars ($1, 510, 000) ; and WHEREAS, the City and Agency desire to enter into a Purchase and Sale and Assignment of Lease Agreement ( "Agreement") to provide the Agency' s acquisition of the Property from City, using Housing Funds, for a purchase price of One Million Five Hundred Ten Thousand Dollars ($1, 510, 000) , and assignment to Agency of the existing lease between City and Santiago Corporation; NOW, THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, as follows: Section 1. The Agency hereby finds and determines that the Agreement between the City and Agency referenced in the above Recitals, 'a copy of which Agreement is on file with the Agency Secretary, will provide for F8M394\0140"-W12121d9d79.1 .11106M 1 SENT RY RUTAN & TUCKER ;11- 6-03 :11;50AM RUTAN & TUCKERS 6193228320:# 3 R990 Page 2 acquisition of the Property from City for fair Market value, that such Agreement implements the Purposes of the Housing Fund and the mandate of the Agency to improve, increase, and preserve the community's supply of affordable housing, and that the Agreement is in the best interests and welfare of the residents of the City in accordance with the ' public purposes and provisions of applicable law, Section 2 . The Agreement is hereby approved and the Executive Director is authorized to make .final technical modifications to the Agreement to finalize it for signature in a form approved by the Agency Counsel, and to thereafter sign the Agreement on behalf of Agency, Section 3. The Executive Director is authorized to take all appropriate actions to carry out the purposes of this Resolution and to implement the Agreement according to its terms. ADOPTED this 15th day of November , 1995 , AYES: Members Kleindienst, Lyons, Reller-Spurgin and Mayor Maryanov NOES. None ABSENT: Member Hodges ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CIT/Y,OF PALM SPRINGS, CALIFORNIA By.(.j' e� c �4�1 ( l��✓tL ' ssistaaiU Secretary % Chairman - ' REVIEWED & APPROVED: c,ra-- l -3 F92Q94101400/-001=169679.1 e11106195 -2- SENT BY:RUTAN & TUCKER ;11- 1-95 ; 8:58AM ; RUPAN & TD_KER b_9JtJuef , RESOLUTION NO. 991 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS APPROVING A REIMBURSEMENT AGREEMENT BETWEEN THE AGENCY AND THE CITY OF PALM SPRINGS WHEREAS, the Community Redevelopment Agency of the City of Palm 1 Springs ("Agency") is a public body, corporate and politic, organized and existing under the California Community Redevelopment Law ("CAL") (Health & Safety Code §33000 _et seq. ) ; and WHEREAS, the City of Palm Springs ("City") is a municipal corporation and general law city pursuant to state law; and WHEREAS, City, Agency, and Coachella Valley Housing Coalition ("Developer") entered into a Disposition and Development Agreement, with a reference date of January 2, 1991 (the "DDA") ; and WHEREAS, pursuant to the DDA the parties effected a transaction whereby City funds were advanced to Agency to permit the Agency to acquire 15 .18 acres of real property, which the Agency then conveyed to Developer for the development of an affordable housing project; and WHEREAS, City and Agency intended that Agency reimburse City the fair market value for the 15.18 acre site; and WHEREAS, City and Agency havel discovered that the Agency inadvertently failed to reimburse the City; and WHEREAS, pursuant to Health and Safety Code Sections 33334.2 Al per. , Agency is authorized to expend funds in its Low and Moderate income Housing Fund ("Housing Funds") for purchase of real property for affordable housing, and thus the Agency is authorized under the CRL to use Housing Funds to reimburse City; and WHEREAS, the fair market value of the 15.18 acre site as undeveloped property has been determined to be Five Hundred Seventy-Seven Thousand Dollars ($577,000) ; and WHEREAS, the City and Agency desire to enter into a Reimbursement Agreement to provide the Agency's reimbursement, from Housing Funds, to City in the amount of Five Hundred Seventy-Seven Thousand Dollars ($577,000) ; NOW, THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, as follows : Section 1. The Agency hereby finds and determines that the Reimbursement Agreement between the City and Agency referenced in the above Recitals, a copy of which Agreement is on file with the Agency Secretary,- 07.0941m+094-00JZ2169676.1 .101JU91 crC -lv-q SENT BY•RUTAN & TUCKER 11- 6-95 11.52AM RUTAN & TUCKER- 6193228320,# 6 R991 Page 2 will provide for reimbursement to the City of the fair market value for the real property, that such Reimbursement Agreement implements the purposes of the Housing Fund and the mandate of the Agency to improve, increase, and preserve the community's supply of affordable housing, and that the Reimbursement Agreement is in the best interests and welfare of the residents of the City in ' accordance with the public purposes and provisions of applicable law. Section 2 . The Reimbursement Agreement is hereby approved and the Executive Director is authorized to make final technical modifications to the Reimbursement Agreement to finalize it for signature in a form approved by the Agency Counsel, and to thereafter sign the Reimbursement Agreement on behalf of Agency. Section 3 . The Executive Director is authorized to take all appropriate actions to carry out the purposes of this Resolution and to implement the Reimbursement Agreement according to its terms. ADOPTED this 15th day of November 1995. AYES: Members Kleindienst, Lyons, Reller-Spurgin and Chairman Maryanov NOES: None ABSENT: Member Hodges ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITyy OF PAT,M SPRINGS, CALIFORNIA By. � ssis an eCretary Chairman REVIEWED & APPROVED: H52�41\OI40A4-OPIT�2169676-I 11fOb193 -2- 1 RESOLUTION NO. 992 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR THE 1995-96 FISCAL YEAR. WHEREAS Resolution 980 approving the budget for the fiscal year ' 1995-96 was adopted on June 21, 1995; 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 980, adopting the budget for the 1995-96 fiscal year is hereby amended as follows: SECTION 1. ADDITIONS FUND Activity Account Amount No. 811 0189 4298 $20,000 Title: CBD Monte Vista Hotel Operating Expense Purpose: Maintain property and secure propertyr while attempting to sell . SECTION 2 . SOURCE FUND Activity Account Amount No. 811 301 $20,000 Title: CBD Fund Balance Adopted this 15th day of November 1995 . AYES: Members Kleindienst, Lyons, Reller-Spurgin and Chairman Maryanov NOES: None ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF I'H,E CITY OF PALM SPRINGS Asst. Secretary Chairman RESOLUTION NO. 993 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT AND AUTHORIZING THE SALE OF REAL PROPERTY KNOWN 414 N. PALM CANYON DRIVE TO HARRY MOSCATEL 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, on May 23 , 1973 by Ordinance Number 952 , the City Council of the City of Palm Springs approved and adopted a Redevelopment Plan for the Central Business District Project Area ("the Plan") ; and WHEREAS, Agency staff has negotiated a Disposition and Development Agreement, ("DDA") to effectuate the sale of the above- referenced property, which includes a hotel and 5 commercial shops with HARRY MOSCATEL ("Purchaser") pursuant to which Agency is to sell Purchaser certain real property within the Project Area, and Purchaser is to operate the hotel and shops thereon, which use is consistent with the Plan, the General Plan of the City and City's Zoning, and which Project use will help expand and diversify the City's economic base; and ' WHEREAS, the property was vacant for a period of time and was vandalized, some portions were dilapidated, and the Agency repaired all the vandalism damage and was able to re-open Site for a period of 4 1/2 months; at which time, Agency closed hotel for summer and has kept it closed, while still keeping property maintained and secured by a full-time caretaker; and WHEREAS, "Purchaser" agrees to purchase said property in "as is" condition after a 15-day due diligence and open as either a hotel or bed and breakfast; and WHEREAS, a Notice of Public Hearing concerning the sale was published in accordance with applicable law; and WHEREAS, on December 6, 1995, the Agency held a Public Hearing concerning the sale; and WHEREAS, the Agency has considered the Agency Summary Report prepared pursuant to Health and Safety Code Section 33433 , the staff report, and all the information, testimony and evidence provided during the public hearing on December 6, 1995. 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 does hereby find and determine as follows: (a) The sale effectuates the purposes of the Plan and is in the highest and best interest of the City of Palm Springs and C�a of the Project Area, and that the sale is intended to result in the development and `"� Resolution No. 993 Page 2 c nin _Q 8 revitalization of a portion of the City which will help expand and diversify the City's economic base. (b) The Purchase Contract 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 sale will facilitate the redevelopment and operation of the hotel and retail buildings by causing the remodel and upgrade of the property, placing the property in the hands of a first class 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. (d) That the consideration payable for the property is not less than the fair market value of the property in accordance with the highest and best use under the Redevelopment Plan. Section 3 . The DDA is hereby approved and incorporated herein by this reference. Section 4 . The Agency staff is hereby authorized and directed to take the appropriate action consistent with the purpose of this Resolution. Section 5. James Stuart, doing business as Group One Service, is hereby appointed and approved as the Agency's Agent of Record for this transaction, and shall be compensated a flat fee commission of $50, 000. Section 6 . The Chairman is hereby authorized to execute on behalf of the Agency the DDA and all other documents necessary in a form approved by the Agency's legal counsel. Section 7. The Executive Director is hereby authorized to make any necessary final technical and clerical changes to the DDA prior to its execution, in a form approved by the Agency's legal counsel. Resolution No. 993 Page 3 ADOPTED this 6th day of December , 1995. AYES: Members Barnes, Hodges, Reller-Spurgin and Chairman Kleindienst ' NOES: None ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF 1Tk E CITY OF PALM SPRING By ,a Assistant Secretary Chairman REVIEWED & APPROVED RESOLUTION NO. 994 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE FIRST AMENDMENT TO THE PARTICIPATION AGREEMENT WITH JOHN WESSMAN/ DBA WESSMAN DEVELOPMENT COMPANY IN REGARD TO THE PLAZA DE LAS FLORES SITE, PROVIDING FOR AN ACCESS AND NO BUILD EASEMENT IN ORDER THAT THE DEVELOPER'S BUILDING CAN BE REMODELED AND LIMITING RESTROOM ACCESS. WHEREAS, the Agency and the City of Palm Springs have entered into a Redevelopment Participatio❑ Agreement (RPA), also referred to as an Owner Participation Agreement, with Wessman Development Company in regard to the development of the Plaza de las Flores commercial center in Downtown Palm Springs; and WHEREAS, the Developer proposes to remodel a portion of the Plaza de las Flores building located on the Developer Parcel in order to enhance the visibility and leasability of the building fronting Palm Canyon Drive and to comply with the fire safety requirements of the City's Building Code; and WHEREAS, a no build easement on the adjacent City-owned parcel, which is the location of the Welwood Murray Memorial Library, is required in order to meet Building Code requirements; and WHEREAS, this easement may be granted without detracting or interfering with the continued operation of the Welwood Murray Memorial Library and will enhance the economic development potential of the Plaza de las Flores; and WHEREAS, the City paid over$63,000 toward the construction of restrooms within Developer's building to be kept available to the public and is now required to pay approximately $19,000 annually for the cost of maintenance of the public areas and restrooms, which costs are increasing clue to vandalism; and WHEREAS, the Developer is willing to assume the maintenance of the public areas and restrooms if public access is limited to tenants, employees and invitees of specified properties in the vicinity. NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs as follows: 1. The estimated value of the easement interest being conveyed) valued at the highest and best use is less than $38,000, which is the value of the fee interest if not restricted by the restrictions for library, public access and non-building purposes. The estimated value of the reduced public access to the restrooms is difficult to establish since public access is still permitted. The City Council finds the combined fair market value of the fee interests to be approximately $40,000. 2. The estimated value of the easement interest being conveyed, based upon the limitations on use of the easement area, and the estimated value of the public access to the restrooms, given the restrictions on public access included in the Amendment, are deemed to actually be approximately one- half of the fair market value cited above. 3. The approval of the Amendment will assist in the elimination of blight by permitting the remodel of Developer's building to permit occupancy of a property in a key location adjacent to the Historic Plaza Theater District and across from the Spa Hotel Project, contributing to the rentalization of the commercial core. C1'1Gc ^ ..— R994 Page 2 4. The approval of the Amendment will release the City from an obligation to pay approximately $19,000 annually for maintenance of the restrooms. 5. The approval of the Amendment is consistent with the Agency's adopted Implementation Plan. 6. The consideration received by the Agency is not less than the fair reuse value at the use and ' with the covenants and conditions and development costs authorized by the Amendment. 7. That said First Amendment to the Redevelopment Participation Agreement is hereby approved and the Executive Director is authorized to execute the Amendment and to take such other actions necessary to carry out the terms of the Amendment. ADOPTED this 20th day of December, 1995. AYES: Members Barnes, Oden Reller-Spurgin and Chairman Kleindienst NOES: None ABSENT: None ABSTAIN Member Hodges ATTEST: COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS, CALIFORNIA Assis`C nt Secretary Chairman REVIEWED AND APPROVED RESOLUTION NO. 995 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDING AND DETERMINING THAT 1 THE PUBLIC: INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY FOR PURPOSES OF ELIMINATION OF BLIGHT ON`VISTA CHINO ROAD BETWEEN INDIAN CANYON DRIVE AND CHAPARRAL ROAD IN SECTION It. WHEREAS on December 20, 1995, after no less than 15 days written notice to the owners of property described hereafter, as those owners appeared on the last equalized County Assessment Roll of the Community Redevelopment Agency of the City of Palm Springs ("Agency") held a hearing for the purpose of allowing the owners of the property a reasonable opportunity to appear and be heard on the following matters: A. Whether the public interest and necessity require the project; B. Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; and C. Whether the property proposed to be acquired is necessary for the project; and D. Whether the offers required by Government Code Section 7267.2 had been given; and WHEREAS, the Agency, as a result of said hearing, has determined that the public health, safety, and welfare require the Agency to acquire those parcels of real property, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, for the purpose of elimination of blight, including expansion of the Desert Shadows Inn; and WHEREAS, the project for which the property to be acquired is sought consists of the elimination of blight, including the proposed expansion of the Desert Shadows Inn and has previously been reviewed under applicable environmental review procedures, and found not to cause any significant environmental impact on the environment; NOW THEREFORE BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS that the Agency does hereby find, determine, and declare based upon the evidence presented to the Agency as follows: Section 1. The properties to be acquired are located within the City of Palm Springs, County of Riverside, State of California located on Vista Chino Road between Indian Canyon Drive and Chaparral Road', consisting of some 2.22 acres, and are more specifically described in Exhibit "A" hereto. Section 2. The public interest and necessity require the project for which the property is sought, to wit: The existence of blight in the North Palm Canyon Redevelopment was established when the redevelopment plan area was approved in October 19, 1984. That finding is now conclusively established as a matter of law. Acquisition and assemblage of the property will assist in eliminating economically blighting � c, r ht_ / Resolution No. 995 Patel Property Page 2 ' influences on the property which, because of such constraints, has remained undeveloped for several years. Moreover, the City's general plan calls .for promotion of tourism as a primary element of the City's economic base, and the expansion of the Desert Shadow Inn facility will enhance both the quantity and range of lodging facilities available to serve the City's tourist trade. Section 3. The project is located in a manner most compatible with the greatest public good and the least private injury, to wit: The property is currently undeveloped, such that acquisition will not displace any person or business. There are no current plans for development of the property, which appear to be attributable to physical constraints relating to deteriorated existing structures (including foundations), economic constraints on the property from liens, and fragmented ownership. Acquisition for purposes of eliminating blight and expansion of adjacent lodging facilities onto the property will therefore result in minimal private injury. Conversely, the project on this location will generate significant public benefit. It will eliminate an under performing property which has had a negative effect on the adjacent area, including the Riviera Hotel and other surrounding businesses. In addition, the project is anticipated to generate additional transient occupancy tax revenues, and raise property values, resulting in additional tax revenues. . ' Section 4. The property to be acquired is necessary for the project, to wit: The property is adjacent to the existing Desert Shadows Inn, and is necessary for an integrated consistent design plan for expansion of that facility. Health and Safety Code Section 33391 authorizes acquisition of property by eminent domain for redevelopment purposes, which include elimination of blight in this project area. Section 5. The acquisition of this property was submitted to and favorably reported upon to the Agency by the City of Palm Springs Planning Commission, as to conformity with the City's adopted General Plan pursuant to Section 65402 of the California Government Code. Such findings were made by the Planning Commission on December 13, 1995. Section 6. The offers required by Government Code Section 7267.2 have been made to the owners of record of the properties to be acquired, by letters dated from October 19, 1995, to November 27, 1995. The Agency had made all reasonable efforts to reach a negotiated acquisition, but negotiation efforts have not proved successful. Section 7. The project for which the property is sought has been reviewed under applicable environmental regulations, and has been determined not to cause significant adverse environmental impacts, as evidenced by the initial study/environmental ' assessment for Case No. 5.0701-PD-240. The Agency finds no conditions or circumstances exist with respect to the project which has not been adequately analyzed as indicated in that document. Section 8. The Community Redevelopment Agency of the City of Palm Springs does hereby declare that it is its intention to acquire said properties in the Agency's name in accordance with provisions of the laws of the United States of America and the State of California. S' Resolution No. 995 c ra-r Patel Properly Page 3 Section 9. The law firm of Rutan & Tucker is hereby authorized and directed to prepare, institute, and prosecute in the name of the Agency such proceedings, in the proper court having jurisdiction thereof, as may be necessary for the acquisition of the fee interest to said property. Said Counsel are also authorized and directed to obtain any necessary order of the court granting the City the right of immediate possession and occupancy of the property. Section 10. The City Clerk of the City of Palm Springs shall certify to the adoption of this Resolution. ADOPTED this 20th day of December 1995. AYES: Members Barnes, Hodges, Oden, ,Reller-Spurgin and Chairman Kleindienst NOES: None ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF PALM SPRINGS, CALIFORNIA By ssistant Secretary Chairman REVIEWED & APPROVED: R-95-036 A R995 Page 4 e EXHIBIT "A" LEGAL DESCRIPTION ' Parcel I: The northerly 264 feet of the northwest quarter of the northwest quarter of the northwest quarter of the northwest quarter of Section 11, Township 4 South, Range 4 East, San Bernardino Base and Meridian, as shown by United Slates Government survey. Said property is also shown on record of survey on file in Book 5, Page 42, of Records of Survey, records of Riverside County California; Excepting therefrom any deposits of oil, gas or other hydrocarbon substances and water underlying said land, as reserved in deed from Security First National Bank of Los Angeles to Zora Witkin, recorded December 12, 1935 in Book 262, page 178, of official records of Riverside County, California however such reservation shall not be deemed to give the grantor, its successors or assigns, any right to enter upon said premises for the development of any such water, oil, gas or other hydrocarbon substances. Parcel 2: Lots 7 and 8 of Palm Springs Estates No. 5, as shown by map on file in Book 18, Page(s) 91, of Maps, Records of Riverside County, California; ' Excepting therefrom all deposits of oil, gas or other hydrocarbon, mineral or kindred substances, and all water underlying said land, provided, however, that the grantor, its successors or assigns, shall have no right to enter upon said premises for the purposes of developing any water, gas, oil, hydrocarbon, mineral and/or kindred substances, as reserved in deed from Security First National Bank of Los Angeles, recorded December 23, 1936 in Book 308, Page 24 of Official Records of Riverside County, California. � r - t a c •7 EXHIBIT "A" R995 — — -- fim a. • O [4 a IV ;f1 IN[ !nN n NYON DnIVE �• �� \ { \` \ \ y� O I�� 1 h e fa' f✓ a' � \ '� N � � � t,ii V NN • �� ----�-- ' � � \ Chet -G- �3 u r, 1 ♦ i 1, e \��.� \\ N 1 I \ • 02 —_— O fl e rna okI:vA p U o t � 1 Ill M G) A N 1 i yam, 1 m j, Ap _y • R '• �w = OF 1' ax M O � `♦ O t 1 O° q /�UU Ou N (� ,q o"; „JA CITY OF PALM SPRINGS Renaissance Hotel and Chunibha and Went nnorinry uivrnurl l� Sushilaben Patel apparent owners of DnrE. record. -- `�+nio�l+�' it'll N. 264 ft. of the northwest 1/4 of the northwest 1/4 of the northwest 1/4 of Section 11 and Lots 7 a,nd 8 ofr;IGN or, scnLE; rILE No Palm Springs Estates 5 M.B. P 91 R. R. Co. None II1 95-036