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Home My WebLink About2002 - MINUTES - 5/29/2002 JOINT STUDY SESSIONJOINT STUDY SESSION CITY COUNCIL OF THE CITY OF PALM SPRINGS AND AGUA CALIENTE BAND OF CAHUILLA INDIANS June 29, 2002 CONVENE IN OPEN SESSION A. Call Back to Order-Convention Center- All Present B. Flag Salute C. Adjourned Meeting D. Public Comments E. STUDY SESSION 1. DDA - UPDATE Tribal Chairman stated that the terms of the DDA require the Tribe to inform the Council when it decides to move ahead with Phase I of the project within the boundaries of the DDA; that this is the notice and that the matter will be fast tracked. Mayor stated that while not challenging the terms of the DDA; the City is working on the expansion of the Convention Center and looking at which was and how growth will occur in the area; that the City does not want to interfere with the Tribal expansion, but that the projects should be worked together for enhancement of the entire City; that this is especially true for preliminary stages. Tribal Chairman concurred. Tribal Planning Director stated that discussions have been held with City staff regarding the condition and future of Andreas Road; that the issue is to seek to vacate north one-half of the street; that right-of-ways will be given and maintained, but that the Tribal Planning Department is not sure of what will occur in the southern one-half of Andreas. Mayor stated on the City side, we would respond and coordinate what the north side will have, that once those plans are revealed, both entities could move ahead. City Attorney stated that staff level of communication is occurring and working; that the issue is that if there Tribe is wanting some type of constraints that needs to be made known; that some issues are whether traffic impacts would occur with the narrowing of streets; that whether the street will be one or two way; and is there will be any type of architectural impacts on the north side of the street. Councilmember Mills stated that meetings are ongoing with the master plan for the Convention Center; that the plans should be completed somewhere around June 25; that basically the City is requesting to know of any specific needs of the Tribe concerning the area. Tribal Planning Director stated there is no design team on board yet; but parameters do need to be created; that the Tribal Planning Department can come up with its concerns and forward them to the City for reaction. Mayor stated that the City’s goal is connect the Convention Center to the downtown. City Attorney stated that the DDA was put in place some time ago; that there has been amendments, such as the Tennis Center; that the amendments have allowed parties to move ahead in its goals; that if the project documents could be furnished to the City, once again, the goal would be to assist each other. Convention Center Director reviewed the expansion plans for the Convention Center; and added that 66, 000 square feet of exhibit space is needed; that a higher ratio for meeting room is needed; that many groups go to other centers due to the lack of space at this center; that the parking will be reallocated to another site; that the truck ramp will be moved offsite; that the next used facility in size is the Weston or Rivera due to the meeting space; that the intent is not to complete with down valley, but to compete with centers outside our area; that the focus will be on meeting groups; that the goal is to get more people here; that TOT will increase; and that he expansion will pay for itself. B. TOT – TRANSIENT OCCUPANY TAX AGREEMENT City Attorney stated that the present agreement will expire at the end of 2002; that presently ½ of the TOT is rebated back to the Agua Caliente Band of Cahuilla Indians; at some point in connection with Section 14 there will be a desire for the City to assist in that development; that there will be a point when the access to City powers is needed; that the City does have constraints in gifts of public funds; that this is the reason for Agency involvement; and that the payment of TOT is a drain on Agency funds. Tribal Chairman stated that the City has had no right to the TOT; that the Tribe did allow the City to have 50% of the tax collected, but that it should be understood that it is not a right. City Attorney stated that there are legal questions; that there have been litigating points on both sides of the issue; that while the City is not trying to be legally contentious, it should be understood that the Tribe will be looking for financial assistance of some sort in the future from the City and that the development will spin off funds for the Agency; that the best thing for the City is to be able to get the TOT in the General Fund to be used for its purposes, and not to have the Agency involved; that the final options are to renew the agreement, change the agreement or let it lapse. Tribal Counsel stated that litigation between the Tribe and the State is over; that the California State Board of Equalization will not be taxing food or beverages sold on tribal land, nor for that matter anything on reservation land; that with that basis, the collection of TOT is place in a new position. City Attorney stated that the issue would be Federal Law; that there is always the ability of the two entities to have agreements set in place and to abide by it. Tribal Chairman stated that discussion has been held with the Tribal Council; that at this time the Tribe will continue to work with the City, while protecting Tribal sovereignty. C. BONO BILL – TAX DEDUCTIBILITY OF INDIAN LAND LEASE Tribal Counsel stated that the draft of the Bill should be sufficient; that at this point a technical amendment is being sought to attach the Bill to; that this would be a benefit for the homeowner, not for the Tribes. Tribal Chairman stated that Congresswoman Bono does want to sponsor the Bill, but that there is the matter of finding the correct vehicle to carry it through Congress. Mayor requested staff to file a written report to both Council’s regarding the efforts of the City’s lobbyists. D. HUD POLICIES AS THEY AFFECT TRIBAL LAND. Director of Community & Economic Development stated that this is a HUD issue; that HUD does require land to default to its Agency if the lease is not met; that HUD maintains its right to purchase fee interest in the land; and that more regulation is being sought to clarify the issue. Tribal Member Lyons stated that the leases do not go past 65 years. Tribal Chairman stated that it is not clear at the present whether the Tribe is interested in having HUD housing on its land. City Manager stated that item would be returned for discussion at a future meeting. E. TRIBAL DONATIONS – EXPENDITURE REPORT BY CITY Director of Finance & Treasurer reviewed a handout concerning the contributions from the Tribe to the City. Mayor requested that a full accounting for several years be presented at the next meeting. F. JOINT LOBBYING EFFORTS Executive Director - Airports stated that there is coordination ongoing between the two entities; that it may be that further efforts will be needed for the Riverside County Flood Control District out at the Canyon Wash area; that a bridge will be needed and that a road to service Tribal lands will be sought. City Attorney stated that infrastructure costs are high; that it is not just development costs; that once the infrastructure is in place there will be many that will benefit. Executive Director – Airports stated that PLHD grants could only be used for roadway improvements; not flood control issues; that in addition the airport will need assistance to support security issues and the costs thereof. Tribal Chairman directed Tribal Planning Director to work with City staff to prioritize coordinated grants between the City and the Tribe. G. GRANTS – PRIORITIZATION OF PROJECTS See direction given in item F. H. BELARDO BRIDGE - UPDATE City Manager withdrew the item. Direction given for Tribal Counsel and City Attorney to work together on mutually acceptable language for the Memorandum of Understanding. I. TENNIS CENTER - UPDATE City manager stated that the Haagstroms should be operational by October 2002; that one event has already been scheduled and that capital improvements are underway. J. TRIBAL HABITAT CONSERVATION PLAN - UPDATE Tribal Planning Director stated that the Tribal Plan had been released for comment; that work is ongoing with Fish & Wildlife; that the Tribe is asserting its authority to manage its resources; that the permit process is being examined to be streamlined; that the Canyon floor is developable; that it will be subject to fee that it comparable to the City’s fees; that the wetlands are 80% in preservation; that all Trust land is developable; that the conservation plan should end up being used by all; that the full Plan should be adopted by the Tribal Council in the upcoming month; that after adoption the environmental process will start and will take approximately one year to complete. Councilmember Mills questioned if the City and Tribe had any overlapping projects. Tribal Planning Director stated that any overlapping projects would be submitted to the City’s Director of Planning & Building; that there are 4 major projects that could overlap; that the Tribe will assert jurisdiction over the projects, but will defter the permitting process to the City; that if a project is in the majority on Tribal Land, the City would be requested to defer the permitting authority to the Tribe. City Attorney stated that as the process has been ongoing, CVAG has not been fully appreciative of the Tribe’s sovereignty; that most other entities do understand Tribal issues and Tribal sovereignty; that out cooperative relationship between the City and the Tribe does in fact open the door to development possibilities within this City. Mayor stated that CVAG will be meeting in the upcoming week and that it will be addressed that it is of mutual benefit to support the Tribal Plan; and requested notification of the public hearing for approval of the Plan. K. FUTURE ITEMS Next Meeting date October 9, 2002 at Spa Hotel & Casino Next Meeting to include: Full report on Tribal donations, Transient Occupancy Tax Agreement, Bono Bill- Tax Deductibility of Indian Land Lease; City’s position on Valley wide Municipal Power Authority; Casino Update and the Belardo Road Bridge status. ADJOURN