HomeMy WebLinkAboutResolution - Reso 2024-35 - 08/14/2024 RESOLUTION NO. 2024-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY, CALIFORNIA, APPROVING TAX SHARING
REPORT AND AUTHORIZING THE CITY MANAGER AND CITY
ATTORNEY TO NEGOTIATE AND PREPARE A FIRST
AMENDMENT TO THE SALES TAX SHARING AGREEMENT WITH
GL HOD, LLC FOR HONDA OF THE DESERT 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 August 14, 2024, the City Council received
testimony and other evidence in accordance with section 3.46.040.B of the Cathedral
City Municipal Code ("CCMC") concerning the proposed first amendment to the Sales
Tax Sharing Agreement with GL HOD, LLC for Honda of the Desert located at 68025
Kyle Road to include GL TOD, LLC for Toyota of the Desert ("Applicants") located at
68015 Kyle Road; and
WHEREAS, Title 3, Chapter 3.46 of the Municipal Code (the "Program")
authorizes the City Council to enter into a Sales Tax Sharing Agreement with
Approved Businesses to provide an incentive program for the opening, operation
and expansion of retail businesses within the City; and
WHEREAS, the City Council finds that based on the record and evidence
before it there are valid reasons for making the findings contained herein and
designating Applicants as a Approved Businesses within the meaning of Title 3,
Chapter 3.46 of the Municipal Code; and
WHEREAS, at the public hearing on August 14, 2024, the City Council opened
the hearing for public testimony and presentation of additional evidence regarding the
designation of the Applicants as Approved Businesses under the Program, and the
terms of the Sales Tax Sharing Agreement; and
WHEREAS, on August 14, 2024, the City Council duly deliberated and
considered all matters coming before it.
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 approval of the First Amendment to the Tax Sharing Agreement will
meet the purposes set forth in Section 3.46.010 of the Municipal Code and
will enhance the quality of facilities, goods, and services that Honda of the
Desert and Toyota of the Desert makes available to the public and the City's
residents; that the retention of the Approved Businesses will provide a
desirable and attractive shopping experience for the City's residents and
visitors; and will maintain sales tax revenue to the City.
B.That the Applicants meet all requirements of the Program to be designated
as Approved Businesses in accordance with Sections 3.46.020 and
3.46.030 of the Municipal Code.
C.That the First Amendment to the Tax Sharing A g re ement accurately depicts
the anticipated benefits to the City and its residents of the proposed continued
improvement, expansion and operation of GL HOD, LLC and GL TOD, LLC.
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 Tax Sharing Report, staff report and other evidence received support
providing assistance to GL HOD, LLC and GL TOD, LLC in an amount
equal to fifty percent (50%) of the Sales Tax Increment (as defined in
Section 3.46.020 of the Municipal Code) over a period of 16 years, but not
to exceed $4,000,000.00 paid as provided in the Tax Sharing Agreement.
F.That the Sales Tax Base and Sales Tax Increment (both as defined in Section
3.46.020 of the Municipal Code) fairly determined and form the basis for the
amount of assistance provided under the Program.
G. That GL HOC, LLC and GL TOD, LLC have agreed to enter into a Sales
Tax Sharing Agreement, Operating Covenant (which will be recorded against
the sites) and Indemnity Agreement (included within the Sales Tax Sharing
Agreement) in accordance with Section 3.46.030 of the Municipal Code.
H. That the assistance provided under the Program by the City to GL HOD, LLC
and GL TOD, LLC shall be in accordance with and meet the requirements of
Title 3, Chapter 3.46 of the CCMC.
SECTION 2. APPROVAL OF APPLICANTS AS AUTHORIZED BUSINESSES
GL HOD, LLC and GL TOD, LLC a re hereby approved as a Authorized
Businesses in accordance with Sections 3.46.020 and 3.46.030 of the Municipal
Code.
SECTION 3. AUTHORIZING SALES TAX SHARING AQREEMENT
The City Council approves and authorizes execution of a Sales Tax Sharing
Agreement with the GL HOD, LLC and GL TOD, LLC to receive an amount
equal to fifty percent (50%) of the Sales Tax Increment over a period of 16 years,
but not to exceed $4,000,000.00 paid as provided in the Tax Sharing Agreement and
approves and authorizes execution of a sixteen year (16) Amended and Restated
Operating Covenant to be recorded against the sites.
SECTION 4. AUTHOR! t TION TO SIGN RESOLUTION A D DOCU E TS
The City Council authorizes the Mayor to sign this Resolution, and the City
Manager to sign the First Amendment to the Tax Sharing Agreement and Amended
and Restated Operating Covenants as the City's representative.
SECT!' N 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 14th day of August, 2024.
Mark rnevale, Mayor
ATTEST:
Tracey ermosillo,.City Clerk
APPROVED AS TO FORM:
t
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Eric S. VMil, City Attorney
I, T" •CEY R. HERMOSILLO, CITY CLERK of the City of Cathedral City, do hereby certify that
the foregoing Resolution (2024-25)was introduced and adopted at a regular meeting of the City
Council of the City of Cathedral City held on the 14th day of August 2024 by the following vote:
AYES: Councilmember Gutierrez and Gregory; Mayor Pro Tem Ross
NOES:
ABSENT: Councilmember Lamb and Mayor Carnevale
ABSTAIN:
/L( Ali
Tracey R.'Hermosillo, City Clerk