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HomeMy WebLinkAbout2002 - MINUTES - 10/9/2002 JOINT STUDY SESSIONJOINT STUDY SESSION CITY COUNCIL OF THE CITY OF PALM SPRINGS AND AGUA CALIENTE BAND OF CAHUILLA INDIANS October 9, 2002 CONVENE IN OPEN SESSION 1. Call Back to Order-Spa Hotel & Casino- All Present 2. Flag Salute 3. Report on Posting of Agenda 4. Tribal Roll Call – Chairman Milanovich, Members Gonzales-Lyons, Member Patencio, Member Prieto-Dodd, Member Patencio 5. Introductions 6. Public Comments 7. STUDY SESSION 1. TRANSPORATION ISSUES - UPDATE City Attorney stated that CalTrans has approved of the award on the Bridge issue; that the MOU is process of signatures with the Tribal Council; that an environmental consultant will need to be hired; and that there will be an approximate $3 million agreement between CalTrans and the City for design of the Belardo Bridge to be executed. Tribal Planning Director stated that the Planning Department is not yet ready to respond to the City regarding environmental assessment questions. City Engineer stated that this is the first time CalTrans has worked with the Tribal Council and the City in a joint agreement; that it has been agreed by all parties that the City will be the lead agency; and that CalTrans is checking to be sure that the Tribe can contract for the environmental assessment. City Manager stated that research is underway to determine if the same type of funding can be obtained for the South Palm Canyon Bridge as the Belardo Bridge. City Engineer stated that application is being made to CalTrans this month for the grant funding; that a letter of support will be needed from the Tribal Council; and that Federal funds will likewise be applied for; and that these funds will be requested through a different process than the Belardo Bridge and should be faster; that Palm Canyon LLC has hired a firm to do the hydrology work; that the application for the grants will need to include any possible impacts determined by the consultant. Tribal Chairman questioned if the letter of support should come from the ACDA. City Engineer stated that would be agreeable. Mayor questioned if there funds available to mitigate flooding. City Engineer stated that the federal funds cannot be spent for flood issues and that the funding for the bridge is for low water crossing only. Planning Director reviewed visual plans for the bridge site and added that a team is being put together to determine costs for flood work and the bridge; that if some type of funding can not be found it may be that each parcel will be assessed $40,000 for the flood control; that an assessment engineer is overlooking the situation and that it may be that an assessment district could be formed for the costs; that all funding sources are being researched. City Attorney stated that the developer is concerned if the lots end up with a high flood control cost; that it may not be feasible to move the project ahead; that the total costs versus the total benefit needs to be assessed; that it may be possible for the Agency to assist with some costs; that the goal is to be sure that all properties has an economic burden that will allow development; that an overall financing plan will need to be found; and that a partnership with the Tribe will be needed to make the development work. City Planning Director stated that the planning Commission did approve one of the projects this day and that the Sierra Club did submit a strong letter of opposition. City Attorney stated that there was a lawsuit and settlement agreement; that the City is trying to keep the project within the settlement guidelines; that there should be less impacts in this project that would concern the Sierra Club, but that the Sierra Club is taking a position of opposition to the hotel relocation; that if the City is sued by the Sierra Club the only portion of change in the plans is the hotel site; that the partnership between the Tribe and the City regarding the multi species plan will assist in moving the project forward. Tribal Chairman stated that the project south of Bogert is agreed to and that the land is mostly allotted land. City Attorney stated it might be that an assessment district cannot be used, but rather some other type of funding district. Tribal Chairman stated that there are two project areas that will have eminent domain right and questioned if those rights will be needed. City Attorney stated that there might be some contribution from that area; that the project will be around $8 million and at this point a partnership is being sought from the City with the Tribe. Tribal Chairman stated that the Bridge will be great and that options should be explored. Tribal Planning Director stated that of the 160 tribal acres, 140 are ACDA owned; and that it is the ACDA that should be kept advised by the City Chairman stated that the Sierra Club has also taken issue with any additional purchase of land for this project. B. DEVELOPMENT ISSUES Tribal Planning Director reviewed the Spa Casino Plans, see attached report, and added that meetings with surrounding property owners have been and are being held; that anyone who desires a meeting regarding the project can contact the Tribal Office; and that issues raised by the Planning Commission are also being addressed. Councilmember Mills questioned if the area west of the parking lot would be used as a storage area for excess dirt. Tribal Planning Director stated that the property west of Calle Encilia is for storage. Chairman stated that comments of City staff have been positive and construction and are appreciated to add to the quality of the project; and that the project should take 10 months to complete starting in December, 2002. B.2. Tribal Planning Director stated that the Tribal Museum is on schedule; that it is a 52-acre site; that the environmental assessment process has been started; that there are two phases. See attached Brochure. Mayor questioned if safety services have reviewed the plans. Fire Chief stated that any project within Annexation 26 is reviewed by the Fire Department, but that it is not clear who will do the inspections. Tribal Planning Director stated that a private service will be doing the inspections, using the current City’s Fire Codes and that the project should be completed in 2005. B.3. City Attorney stated that the CRA Plans are being amended; that there are minor language changes; that the City is precluded from condemning Tribal land; and that allottee land could be condemned with the approval of the Tribal Council; that the City has an alternative process for condemnation for public use; that the CRA does have greater authority; and that the CRA Plan Amendment are ready to move forward. B.4. Tribal Attorney stated that issue with HUD properties being developer on Tribal Lands had been resolved; that the project in question had found other funding. City Attorney stated that a process should be set in place; that the problem is without a process it may take too long for a project to get approval on the Tribal land resulting in the loss of HUD funding. Tribal Attorney stated that the Tribal Council does want to evaluate each project individually. Chairman stated that the Tribal Council would do its utmost to allow a HUD financed project, but that each project must be evaluated on its own merits. C. FINANCIAL ISSUES C.1. Tribal Attorney stated that the Special Distribution Fund would be better spent locally. Councilmember Hodges questioned how much will be deposited to the fund totally. Chairman stated that it is estimated that of the 42 Indian Casinos, 25 – 30 will contribute approximately $75 – 150 million annually. Fire Chief stated that the TASN set the proposal criteria at local distribution at 40%. Chairman stated that the Attorney General will be attending the next State meeting to discuss the distribution; that it is only fair that the majority of the funds come back to the Community, but that reality is that it will be difficult to get the State to let go of the funding; that it may be that the Governor may see what this Tribe already contributes to the Community of Palm springs such as Fire Engines. C.2. City Manager stated that the City is requesting approval of the agreement. Tribal Attorney stated that the agreement could be renewed as it is or in a different structure such as a Tribal Tax. City Attorney stated that the goal is to work out any language by the end of the year, or to continue the existing agreement until final language can be worked out; that funds for the Community Redevelopment Agency are generated by property tax; that the issue of TOT is on the ballot; that with the loss of the revenue C.23. Not Discussed D. FUTURE ITEMS Next Meeting date December 5, 2002, 6 p.m., Council Chamber Next Meeting to include: Spa Casino Conformity Report Discussion ADJOURN