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HomeMy WebLinkAbout2003 - MINUTES - 12/4/2003 - JOINT SPECIAL REGULAR MTGCouncil Minutes -01, Page 1 CITY OF PALM SPRINGS CITY COUNCIL MINUTES DECEMBER 4, 2003 A Joint Special Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Oden, at the Palm Springs Convention Center, 277 N. Avenida Caballeros, on Thursday, December 4, 2003, at 4:00 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 5:00 p.m., the meeting was convened in open session. ROLL CALL: Present: Councilmembers Foat, McCulloch, Mills, Pougnet and Mayor Oden Absent: None ROLL CALL: Present: Tribal Council: Gonzales-Lyons, Prieto-Dodd, Patencio, Siva-Gillespie, and Chairman Milanovich Absent: None The meeting was opened with the Salute to the Flag. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on November 26, 2003. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 2 of agenda this date. PRESENTATIONS: None HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: No Business PUBLIC COMMENTS: Paul Malot, Palm Springs, stated that the apartment complex located near the Spa Casino on Alejo was not notified of any building activity related to the Casino project; that there are on-going problems occurring and that the neighborhood would request notification of special events that are upcoming. Michael Rosenfeldt, Citizens for Local Government, expressed support for Tribal Sovereignty, but added that the City of Palm Springs is not getting its fair share of support of the Tribal gaming; that the agreement entered into between the Community Redevelopment Agency and the Tribe is in violation of State Law; that Public Notice was not given and that the leadership needs to be more responsive to its citizens. Millie Lyman, Palm Springs, stated that the impacts of the Casino are felt; that the conformity report does indicate major impacts; that the financial accounting of the Casino should be made public and that any other group that built this type of impact on the City would have paid about $2 million to mitigate the permanent impacts on the citizens. Alex Arron, Citizens for Local Government, stated that the impact of the Indian Casinos is far reaching; that a “fair share” agreement should be set in place; that the Tribe has driven a hard bargain with the City, but that the City Council has yet to drive a hard bargain on behalf of its citizens. Bill Gonzoles, Palm Springs, stated representation of PS Alliance homeowners and added that the leases on Indian land are increasing1000%; and the residents are not being treated fairly. Raymond Gava, stated representation of the Tahquitz Creek, Tennis Club and Deep Well Neighborhoods stated that the construction of the Belardo Bridge is not a good use of City monies; that the widening of the roadway and bridge will result in the loss of native desert, create new traffic patterns and impact the historic nature of the area; and that the City should not participate in the widening or expansion of the roadway and bridge. Matilda Jones, Palm Springs, stated that the approval of the Belardo Bridge Project is a fleecing of America; that the bridge goes no where; and that the City should stop wasting taxpayer money. Dana Weiss, no address given, stated that the Section 14 rezone involved 670 acres; that there are major concerns with the rezoning; that the Tribal EIR has flaws; that effects on minorities should be identified to include benefits; that the minority of the people living in Section 14 is identified as Indian, but that in fact the report goes on to state that 120 African American, 132 Latinos and only 22 Indians live in the impacted area; that the Tribal EIR states that there are only 22 household in Section 14, the Federal Census states that there are over 1,000 with over 1/3 being owner-occupied; that the lack of analysis of the EIR should be examined to address fiscal impacts, quality of jobs and the economical impacts of the Section. Richard Chiquita, Palm Springs, stated that the lease payment for the land his home occupies has gone from $35.00 per month to $350 per month; and that the neighborhood is requesting Council help regarding the issue. 1. SOUTH PALM CANYON BRIDGE City Engineer stated that the four lane build out would be financed by Federal Grant; that the City must commit for the next 5 years to expand the northern roadway for an additional two lanes and that would be 80% Federally Funded. 2. GENERAL PLAN UPDATE Director of Planning & Zoning stated that the last overhaul of the General Plan was in 1993; that issues such as traffic are projected for 20 – 30 years of growth; that parks and recreation issues are addressed; that the Committee that has been established has completed its Mission Statement; that issues are being defined and the GIS Plan is being set up; and that the full update will take approximately 2 years to complete. Tribal Planning Director stated that Section 14 zoning has been revised; that most of Section 14 was subject to Federal Regulations on leasing and had to have the approval of the BIA for development; that Numan & Associates have developed a Master Plan of the area; that the area will be comprised of retail and entertainment zone and hotel use; and that the entire process is proceeding forward. Tribal Attorney stated that the Tribe did previously adopt all City designated land use on its own; that the allowance was granted in 1977; that the regulation has not been cancelled over the years due to the cohesive working atmosphere; that unallotted Tribal lands are controlled by the Tribe only and the lands in question do allow input from the City and citizens; that land held in Trust by the Federal Government is issued by allotment; and the beneficiary is the individual; that some of the land has been sold and has become Fee land; and that Tribal land is not usually sold. Tribal Member stated that as the Tribe is its own Agent fees for Possesory Interest Tax that is collected; that the result is $9 million that goes to the Special Distribution Fund. Chairman Milanovich stated that the Tribe does pay the UUT, TUMP fee, an in- lieu of TOT; that the Tribe is a sovereign nation and will not submit to a tax, but will participate in revenue sharing or gifts to the City. City Attorney stated that the Belardo Bridge Agreement indicates a long term relationship between the Tribe and the City; that the agreement is 20 years old and was never carried out due to the financial impact on the City; that the City did not have the financial means to fulfill its commitment; that there are some obligations between the City and the Tribe that are very old and the reasons why the commitments were made may not be fully remembered, but both entities will continue to develop new and different agreements for the betterment of the Community. 3. FUTURE AGENDA ITEMS Councilmember Foat stated that some type of documentation should be prepared to indicate all the issues that are being worked on together; and that a joint committee should be formed to define how rates for leased land is determined. Chairman Milanovich stated that staff could get together on a monthly basis to bring items to the table for discussion; that the Master Plan for Section 14 is incorporating plans to blend with the downtown and the Convention Center; that there are great opportunities ahead and open minds and brainstorming together will bring results. Mayor Oden stated that the Community has many new people in it; that education is needed concerning both governments; and that it is important to continue the dialogue to work together in City, Public and Tribal economic ventures for the Community as a whole. 3. CONVENTION CENTER PHASE II EXPANSION Executive Director – Airport reviewed upcoming costs related to the expansion. 4. FUTURE AGENDA ITEMS Consensus from both Councils to include the following items on next agenda: South Palm Canyon Bridge, Land Use discussion, Lighting around the Casino and pedestrian access at intersections, and the traffic calming program. ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk