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HomeMy WebLinkAbout2002 - MINUTES - 2/13/2002 CITY OF PALM SPRINGS CITY COUNCIL AND AGUA CALIENTE BAND OF CAHUILLA INDIANS MINUTES OF FEBRUARY 13, 2002 An Adjourned Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Kleindienst, at the Spa Hotel and Casino, on Wednesday, February 13, 2002, at 5:00 p.m. ROLL CALL: Present: Councilmembers Mills, Oden, Reller-Spurgin, and Mayor Kleindienst Absent: None TRIBAL COUNCIL ROLL CALL: Present: Members Lyons, Pateinco, Preitto-Dodd Absent: Member Siva and Chairman Milanovich REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on February 8, 2002. PRESENTATIONS: None HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: - No Business PUBLIC COMMENTS Bob Garner, Rancho Mirage, read a poem, copy on file in Office of the City Clerk, regarding Frank Sinatra. A. BELARDO BRIDGE City Engineer reviewed timeline, copy on file in Office of the City Clerk, regarding target dates for the Belardo Bridge. Tribal Planning Director stated that a meeting has been held with Congresswoman Bono and it was been recommended that more joint projects be submitted for Federal assistance. Tribal Member Lyons questioned the design of the bridge. City Engineer stated that the same design that was designated 10 years ago will be used; that some of the building codes have changed and internally construction would be updated, but that essentially the design remains the same. Mayor stated it might be that the Tribe should be consulted to incorporate any tribal designs it may desire; that there is ample time at this point to refine design issues. Joint Meeting Minutes 02-13-02, Page 2 City Engineer stated that the City will be the lead agency and will work with the Tribal Planning Department. B. JOINT LOBBYING EFFORTS – TAX DEDUCTIBILITY OF INDIAN LAND LEASE Tribal Planning Director stated that the former City Manager did work with the Tribe to gain the deduction; that it is the Federal Income Tax Code that needs amending; that the amendment would be a part of the tax relief bill and that it is requested that the City assist in the lobbying efforts. City Manager stated that a trip to Washington DC is planned for the City in March, 2002; that it has been indicated by the lobbyist that there are no tax bills pending at this time; that it may not be an optimum time, but efforts could start. Member Reller-Spurgin stated that issues in Congress use the trickle down effect and that it may be good to start the strategy. Tribal Attorney stated that there are similar developments around the Country and that it is a tax justice measure for homeowners. Member Reller-Spurgin stated that the deduction would be an incentive to build and would benefit the City. Tribal Attorney concurred and added that the deduction will require being merged with other tax relief bills. Member Oden stated that the lobbyists stated there is nothing pending at this time. Mayor stated that the relief sought does need to be made known in order to be joined with other legislature when it is considered. Council consensus to inform Lobbyists of concern and to direct tracking of possible legislature. C. TRIBAL MULTI-SPECIES HABITAT UPDATE Tribal Planning Director stated that the Tribal government has established a plan; that the plan will be submitted to the Coachella Valley Multi-Species Habitat Committee for review; that the Valley plan is proceeding very slowly; that this plan will apply only to Indian Lands; that the plan is manifested by the Secretary of the Interior; that it does protect the cultures and resources of habitat within reservation lands; that the plan does address threatened and endangered species; that there are two specific areas, Mountain and Canyons and the Valley floor; that the plan does include fees modeled after the fringed-toed Lizard fee; that the fees will not conflict with the MOU throughout the Valley; and that 15% of the area in the Mountain side is designated as developable. City Attorney stated that all groups met last week; and that the subject of conflict of plans and who is the controlling entity is of concern. Joint Meeting Minutes 02-13-02, Page 3 Tribal Planning Director stated that the Tribe will assert its regulatory authority over its land; but that the action will not include acts against any entitlements that Palm Springs has in place. City Attorney questioned if the plan will name the specific projects excluded. Tribal Planning Director stated that they might be included, but that additional entitlements will not be added. Member Mills questioned is on the mountainsides the remaining 85% will be designated open space with specific boundaries drawn. Tribal Planning Director stated that a zone would be established for each section. Member Mills questioned if the areas established would match the Fish & Wildlife plan. Tribal Planning Director stated for the more part, but that the Tribe’s plan is more detailed and less stringent in some areas. Tribal Attorney stated that the Tribe does have and will express a degree of flexibility. City Attorney stated that this is an areas where there is potential for cooperation; that the City and Tribe doe have the same interests in mind; that the Federal and State Agencies have developed a superior attitude and at this time they are not clear on how to deal with the Tribe and sovereign issues. Tribal Member Lyons stated that the protection of the habitat is of great concern of the Tribe; that the Plan was needed; that the process for the Valley was too slow and that the Tribe created it’s plan to protect its resources. Tribal Planning Director stated that as it stands there would be one plan that applies to the Valley through the Fish and Wildlife controls; and that the Tribal Lands will be controlled through the Tribal Plan. Tribal Attorney stated that the Tribe does have the availability to engage in purchases or exchanges of fee land under the Santa Rosa Mountain Conservancy Plan. D. REDEVELOPMENT OF THE CANYON HOTEL Frank Razzur, ACDA, reviewed a handout, copy attached, regarding the status of the hotel development. Mayor questioned if there is any benefit to both governments to work to upgrade the bridge near the site at South Palm Canyon and Bogert Trail. Mr. Razzur stated that it will not help the project itself; that the Riverside County Flood District did enter into the equation due to some building in the flood zone. Joint Meeting Minutes 02-13-02, Page 4 Tribal Planning Director stated hat there is a 20-acre parcel south of the project that will have future development that could benefit from the bridge and is worth exploring. Mayor stated that the bridge could be a joint request for Federal and State Funding. Director of Planning & Building stated that the Flood Control Master Plan does overlap fee and reservation lands; that there have been some conflicts with the lands; that it may be best for the Agencies to work on a joint project; and that should a specific plan or general plan update be needed it may be that the ACDA will need to fund the costs. City Attorney stated that the City may be able to move down that road for amendments without the Tribe being the applicant and that both attorney could work together to find a legal mechanism to the Specific Plan without an applicant. Tribal Member Lyons stated that the City should work with the Tribe; that potential projects should be prioritized as to first need. Mayor questioned if Ice-T or grants could be used. Tribal Planning Director stated that Ice-T grants were what the Congresswoman brought up as to better benefits. City Attorney stated that in the Canyon area there is the issue of the Master Plan and the property benefiting; that it will be valuable to get a priority list to get those that are responsible to pay for the process and to assist in creating any mechanisms needed. Tribal Member Lyons directed Tribal staff to work with City Attorney in assessing needs. E. MUNICIPAL SERVICES CONTRACTS City Manager stated that no communication has been received from the Tribe regarding the issue. Tribal Planning Director stated that the Tribal Attorney and the Tribal Planning Director did meet with the County regarding possible tax rebates; that there has not been a lot of response; that another meeting is scheduled and that it is hoped that the verifications needed will be given. City Manager questioned if any additional information was needed from the City. Tribal Planning Director stated not at this time. Mayor stated that south of the City there has been not need for service; that it would seem that the service level should be established and the response line drawn. Joint Meeting Minutes 02-13-02, Page 5 Tribal Planning Director stated that Fire services do differ; that currently a fire management plan is being prepared to be used to determine fire protection service needs and that when it is completed it will be given to the Fire Chief for his estimation of costs. F. FUTURE AGENDA ITEMS: Lobbyists efforts; project priority lists; areas of grants for Belardo Bridge; Tennis Center issues; Spa TOT agreement expiring in 2003. Next Quarterly Meeting: May 22, 2002 5 p.m., Convention Center ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk