HomeMy WebLinkAboutCC Reso 2019-46 RESOLUTION NO. 2019-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL
CITY, CALIFORNIA, APPROVING A SALE TAX SHARING REPORT
AND AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO
NEGOTIATE AND PREPARE A SECOND AMENDMENT TO THE SALES
TAX SHARING AGREEMENT WITH PALM SPRINGS MOTORS, INC.,
PURSUANT TO UNDER TITLE 3, CHAPTER 3.46 OF THE CATHEDRAL
CITY MUNICIPAL CODE
WHEREAS, at the public hearing, duly noticed and held at the City Council
meeting of Cathedral City ("City") on December 11, 2019 the City Council received
testimony and other evidence including a tax sharing report prepare in accordance with
section 3.46.040.B of the Cathedral City Municipal Code ("CCMC") concerning the
proposed second amendment to the Sales Tax Sharing Agreement with Palm Springs
Motors, Inc., located at 69-200 East Palm Canyon Drive ("Applicant"); and,
WHEREAS, during that hearing the City Council took notice that pursuant to Title
3, Chapter 3.46 of the CCMC the City Council is authorized to enter into Sales Tax
Sharing Agreements with Approved Businesses to provide an incentive program for the
opening, operation and expansion of retail businesses within the City (the "Program");
and,
WHEREAS, the City Council also took notice that it previously made findings at
duly noticed public hearings on September 12, 2012, and on June 14, 2017 that, based
on duly prepared tax sharing reports and other evidence in the record before it, there
were valid reasons for designating Applicant as an Approved Business within the meaning
of Title 3, Chapter 3.46 of the CCMC and making the determinations and decisions
referenced in CCMC section 3.46.040, all of which are incorporated herein by reference
as those fully set forth here at, which included approving the original tax sharing
agreement and a first amendment to the tax sharing agreement; and,
WHEREAS, at the public hearing on December 11, 2019, the City Council having
considered any public testimony presented to it as well as the record before it desires to
approve the latest Tax Sharing Report and make the determinations and decisions
memorialized herein.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY
THE CITY COUNCIL FOR THE CITY OF CATHEDRAL CITY, AS FOLLOWS:
SECTION 1. FINDINGS
The City Council finds as follows:
A. That the proposed second amendment of the Tax Sharing Agreement will
meet the purposes set forth in Section 3.46.010 of the Municipal Code in
that the renovation/expansion of the Mazda facility at Palm Springs Motors
will enhance the quality of facilities, goods, and services that Palm Springs
Motors makes available to the public and the City's residents; that the
renovation will provide a desirable and attractive shopping experience for
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the City's residents and visitors; and that the renovation will increase sales
tax revenue to the City.
B. That the Applicant meets all requirements of the Program and has been
designated as an Approved Business in accordance with Sections
3.46.020 and 3.46.030 of the Municipal Code.
C. That the Second Amendment to the Tax Sharing Report accurately
depicts the anticipated benefits to the City and its residents of the
proposed renovation/expansion of the Mazda facility at Palm Springs
Motors by the Applicant, and the anticipated increase in sales tax receipts
by the City derived from the project.
D. That the staff report, Tax Sharing Report, testimony and other evidence
presented to the Council during the public hearing on this matter support
the findings and satisfy the requirements of Title 3, Chapter 3.46.
E. That the staff report, Tax Sharing Report, and other evidence received
support providing assistance to Palm Springs Motors, LLC, in an amount
that does not exceed fifty percent (50%) of the Sales Tax Increment (as
defined in Section 3.46.020 of the Municipal Code) over a period of ten
(10) years from issuance of the Certificate of Occupancy for the Mazda
facility, for a total amount of assistance not to exceed $1,400,000.
F. That the Sales Tax Base and Sales Tax Increment (both as defined in
Section 3.46.020 of the Municipal Code) is fairly determined and form the
basis for the amount of assistance provided under the Program.
G. That the Second Amendment to the Sales Tax Sharing Agreement,
Operating Covenants (which will be recorded against the site) and
Indemnity Agreement (included within the Sales Tax Sharing Agreement)
shall be in accordance with and meet all of the requirement of Title 3,
Chapter 3.46 of the CCMC.
H. That the assistance provided under the Program by the City to Palm
Springs Motors, Inc., is necessary to achieve the renovation of the Mazda
facility and will increase the sales tax receipts to the City, thus providing
benefit to the City and its residents.
SECTION 2. APPROVAL OF APPLICANT AS AUTHORIZED BUSIESS
Palm Springs Motors, LLC, has been approved as an Authorized Business in
accordance with Sections 3.46.020 and 3.46.030 of the Municipal Code.
SECTION 3. AUTHORIZING SALES TAX SHARING AGREEMENT
The City Council hereby authorizes the City Manager and City Attorney to
negotiate and prepare the appropriate Second Amendment to the Sales Tax Sharing
Agreement, Indemnity Agreement and Second Amendment to the Operating Covenant,
all consistent with the determinations and directions of the City Council memorialized in
this Resolution and in accordance with all of the requirements of Title 3 of Chapter 3.46
of the CCMC, and also authorizes the City Manager to execute such documents on
behalf of the City Council and City, with the City Attorney approving as to form and the
City Clerk attesting to the documents. The City Council's authorization and approval is
conditioned Palm Springs Motors, Inc., approving and executing the aforementioned
documents within sixty (60) days of the date of this Resolution.
SECTION 4. AUTHORIZATION TO SIGN RESOLUTION
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The City Council authorizes the Mayor to sign this Resolution.
SECTION 5. EFFECTIVE DATE
This Resolution shall become effective immediately.
SECTION 6. CERTIFICATION
The City Clerk shall certify to the passage and adoption of this Resolution; shall
enter the same in the book of original Resolutions of the City; and shall make a minute
of passage and adoption thereof in the records of the proceedings of the City Council of
the City, in the minutes of the meeting at which this Resolution is passed and adopted.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council for the
city of Cathedral City held on this 11th day of December, 2019, by the following vote:
Ayes: Councilmembers Lamb, Gutierrez and Carnevale; Mayor Pro Tem
Gregory and Mayor Aguilar
Noes: None
Absent: None
Abstain: None
Jo' Aguilar, Mayor ,
ATTEST:
Tracey R artinez, CMC Sip
City Clerk
APPROVED AS • F• 'NI:
ems
Eric S. Vail, City Attorney
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