HomeMy WebLinkAbout5/17/2000 - STAFF REPORTS (2) DATE: May 17, 2000
TO: CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY
FROM: REDEVELOPMENT DIRECTOR
APPROVAL OF MEMORANDUM OF UNDERSTANDING FOR CANYON, SECTION 14
AREAS BETWEEN AGUA CALIENTE BAND OF CAHUILLA INDIANSAND THE CITY OF
PALM SPRINGSANDTHE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF
PALM SPRINGS
RECOMMENDATION:
That the City Council and Community Redevelopment Agency approve the
Memorandum of Understanding between the Agua Caliente Band of Cahuilla
Indians and the Agency for the development of Section 14 and the Canyon area.
BACKGROUND:
In July, 1999 and again in September, 1999, Agency staff proposed the
consolidation of the ten (10) redevelopment project areas into a single area to
facilitate budgeting, finance, and administration of the Community Redevelopment
Agency. No other changes to the project areas were proposed, with the exception
of time extensions allowed by statute under AB 1342. The eight project areas
eligible for time extensions were extended in December, 1999.
One entity protested the consolidation plan last year: the Agua Caliente Band of
Cahuilla Indians. The tribe's argument was that they have significant investments
in several project areas and were concerned that it was the intent of the Agency
to spend funds outside the current project area boundaries in areas that currently
lack funds. Specifically, their interest is in the Tahquitz-Andreas Project Area
(where the Spa Hotel and Casino is located), Baristo-Farrell (the remainder of
Section 14) and the Canyon Project (where they have recently purchased the
Canyon Hotel).
Based on the Tribe's protests, the Council urged staff to develop a process or
outcome that was acceptable to both entities. Staff met on several occasions with
the Tribal Planning Director and the Tribe's Special Redevelopment Counsel to
develop a framework that gave the Tribe the comfort level it needed with the
project area consolidation. Tribal staff's recommendation was to create two
separate merged areas: one comprised of the Canyon, Tahquitz-Andreas, and
Baristo-Farrell, and another area made up of the remaining areas. That became
the recommendation of Agency staff. An additional outcome of that process is this
Memorandum of Understanding for the Cooperative Development of the Canyon
Area and Section 14, which contains language requiring the Agency to gain the
Tribe's approval to spend tax increment generated in Merged Project Area # 2
(Section 14 and the Canyon) in the other project area.
This agreementwas discussed in a Joint Meeting between the City Council and the
Tribal Council,in December; both sides seemed more comfortable with two project
areas after that meeting, and there was consensus on, though not final resolution
of, most of the issues in the agreement. Both staffs continued to work together to
fine tune the agreement. ^ �
The final issue to be resolved was the exact language in Section 4, "Use of Tax
Increment." The Tribal Council had approved an earlier draft that did not make
mention of the Agency's desire to keep 20% Low/Mod Housing Setaside out of the
agreement, but Agency staff felt that, given the State mandates related to housing,
it was important for the Agency to preserve its flexibility to spend Housing funds as
it felt appropriate — anywhere in the City —without another body reviewing those
decisions. On May 9, 2000, the Tribal Council concurred and approved the
language as amended.
The Tribal Council has approved the attached document, and awaits Agency
action.
OHN . RAYM
R velopment irector
Approved by
Executive Director
ATTACHMENTS:
1. Resolution
2. Memorandum from Tom Davis, Tribal Planning Director
2. Memorandum of Understanding between Agua Caliente Band of Cahuilla
Indians and the Community Redevelopment Agency
Cam b • 2,.
MEMORANDUM OF UNDERSTANDING
FOR COOPERATIVE REDEVELOPMENT PROGRAM
FOR CANYON, SECTION 14 AREAS BETWEEN AGUA CALIENTE BAND OF
CAHUILLA INDIANS, THE CITY OF PALM SPRINGS, AND THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered into this _
day of 2000, by and between the AGUA CALIENTE BAND OF CAHUILLA
INDIANS acting through its Tribal Council ("Tribe"), a Federally-recognized Tribe, and
the CITY OF PALM SPRINGS, CALIFORNIA, acting through its City Council ("City"), a
municipal corporation and COMMUNITY REDEVELOPMENT AGENCY ("Agency'). This
Agreement is made with reference to the following:
RECITALS
1. The Agua Caliente Band of Cahuilla Indians ('Tribe") is a federally-recognized
Indian Tribe governing itself according to a Constitution and exercising sovereign
authority over the lands of the Agua Caliente Indian Reservation ('Reservation").
2. The City of Palm Springs is a charter city, possessing full powers with respect to
municipal affairs to regulate the territory under its jurisdiction and in accordance with the
California Constitution, its Charter, and State law.
3. On or about July 18, 1983, the Redevelopment Agency of the City of Palm
Springs ("Agency') adopted the Tahquitz Andreas Redevelopment Project Area, and on
May 7, 1986, the adjacent Baristo-Farrell Project Area collectively encompassing
property of approximately 483 acres near downtown Palm Springs known as Section 14,
which area is also a part of the Reservation, with approximately 80 Indian Allotments
having interests therein and with numerous third-party owners.
4. On or about July 19, 1991, the Agency adopted the Canyon Redevelopment
Project area encompassing that property of approximately 746 acres in the historic Palm
Canyon area, which area is also a part of the Reservation, with approximately 11 Indian
Allotments having interests therein and with numerous third-party owners.
NOW THEREFORE, the parties hereto enter into this Memorandum of
Understanding (MOU) as follows:
SECTION 1. GOAL.
The Tribal Council, City and Redevelopment Agency enter this MOU to jointly
prepare and implement (1) a land use plan which would maximize the economic value of
the Reservation land consistent with community land use goal and (ii) a marketing plan
for Reservation land which would include Agency financial assistance.
The intent of the parties is to focus initially on two portions of the redevelopment
project areas which are also a part of the Reservation. Those two areas are the Section
14 Area and the Canyon Area, as designated on Exhibit A. in addition, the parties agree
to apply the principles identified herein in connection with other development
opportunities that may arise from time to time with respect to Reservation land.
The Goal is to be accomplished through a cooperative land use planning and
redevelopment process as outlined in Section 2 below. This process will be overseen by
a co-staff joint working group as detailed in Section 3. cc 0-_ r �
SECTION 2. OUTLINE OF PROCESS.
Tribal/City Pre-Project Meeting
Property Profile
Develop Land Use Plan
Preliminary Economic Feasibility Analysis
RFP/RFQ Preparation
RFP/RFQ Developer Selection
Exclusive Agreement to negotiate
Land Assembly/ BIA Lease
Preliminary Development Plans
Submit Development Permits Applications
Prepare CEQA/NEPA Documents
OPA/DDA/DA Discussions
OPA/DDA/DA Financial Evaluation
Draft OPA/DDA/DA
Public Hearings on Development Permits and
OPA/DDA/DA
Project & Agreements approved by Governing Bodies
Construction Plans/Technical Check/Building Permits
Project Construction/Completion
SECTION 3. JOINT WORKING GROUP.
At a staff level, a joint working group will be formed consisting of the chief
operating officer, planning director, and redevelopment director of each entity, or the
designee of any such official, and, as liaison official, a member of the governing body of
each entity, and the chief legal officer of each entity as ex officio members. In addition,
each entity may invite whatever additional personnel may be necessary for any topic
discussed such as the finance officer, building official or similar officer.
The joint working group shall review and make recommendations to the
approving bodies concerning master land use plans; solicitation and evaluation of
developer qualifications; solicitation and evaluation of development proposals;
evaluation of development proformas; proposals for financial assistance; waiver or
imposition of fees, taxes and assessments; evaluation of infrastructure needs and
financing; site plan review; other similar matters. �� ' I
The joint working group shall work within the phases outlined in Section 2. The
joint working group will report periodically to the governing bodies concerning the
progress of the project.
SECTION 4. USE OF TAX INCREMENT.
The Agency intends to merge the current ten (10) redevelopment project areas
into two project areas, Project Area No. 1 and Project Area No. 2, as such shall consist
of the Tahquitz-Andreas, Baristo-Farrell and Canyon project areas. The City and
Agency agree that the tax increment generated by property which, as of the date hereof,
are located within the proposed Project Area No. 2 will not be loaned or otherwise used
outside of such Project Area No. 2 without the prior approval of the Tribe, except this
shall not apply to 20% set aside housing funds spent outside the Project Area under
Section 33334.6 of the Community Redevelopment Law, provided such projects are
approved at a public hearing.
SECTION S. GENERAL TERMS AND CONDITIONS.
5.1 Governinq Law. Unless inconsistent with Federal law which shall be
supreme, the laws of the State of California shall govern the interpretation and
enforcement of this MOU.
5.2 Modifications. Any alteration, change or modification of or to this MOU,
in order to become effective, shall be made by written instrument or endorsement
thereon and in each such instance executed on behalf of each party hereto
5.3 Approval. This MOU shall be approved by Resolutions of the Tribal
Council and the City Council.
5.4 Termination. Either party may terminate this agreement, without
prejudice to any legal position thereafter asserted, upon thirty (30) days written notice to
the other party.
IN WITNESS WHEREOF the City, the Agency and Tribe have executed this
MOU as of the date first written above.
"CITY" and "AGENCY"
CITY OF PALM SPRINGS, CALIFORNIA,
a municipal corporation, and
COMMUNITY REDEVELOPMENT AGENCY, a
public body, corporate and politic
Mayor and Chairman
Attest:
City Clerk c to,6 ""
Approved as to Form:
City Attorney
"TRIBE"
TRIBAL COUNCIL OF THE AGUA
CALIENTE AND OF CAHUILLA
INDIANS, a Federally-recognized tribe
Richard Milanovich, Chairman
Approved as to Form:
Tribal Attorney
[End of Signatures]
RESOLUTION NO.
OF THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING A MEMORANDUM
OF UNDERSTANDING FOR CANYON, SECTION
14 AREAS BETWEEN AGUA CALIENTE BAND
OF CAHUILLA INDIANS AND THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF
PALM SPRINGS
BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY of the City of
Palm Springs, that the Memorandum of Understanding for Canyon, Section 14 Areas
between Agua Caliente Band of Cahuilla Indians and the Community Redevelopment
Agency of the City of Palm Springs, is hereby approved.
ADOPTED this day of 2000.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: COMMUNITY REDEVELOPMENTAGENCY
OF THE CITY OF PALM SPRINGS,
CALIFORNIA
By
Assistant Secretary Executive Director
REVIEWED & APPROVED AS TO FORM
C1ra40�0 _
MINUTE ORDER NO.
OF THE CITY OF PALM SPRINGS,
APPROVING A MEMORANDUM
OF UNDERSTANDING FOR CANYON,
SECTION 14 AREAS BETWEEN AGUA
CALIENTE BAND OF CAHUILLA INDIANS
AND THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM SPRINGS
I HEREBY CERTIFY that this Minute Order of the City of Palm Springs, approving an
Agreement with the Agua Caliente Band of Cahuilla Indians and the Community
Redevelopment Agency for the joint development of Section 14 and the Canyon area, was
adopted by the City Council of the City of Palm Springs, California, in a meeting thereof
held on the 171" day of May, 2000.
PATRICIA A. SANDERS
City Clerk
C