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HomeMy WebLinkAbout1999 - MINUTES - 7/8/1999 MINUTES OF CITY OF PALM SPRINGS JOINT MEETING JULY 8, 1999 A Joint Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Kleindienst, at the Convention Center, 277 Avenida Caballeros, on Thursday, July 8, 1999, at 5:30 p.m., at which time City Manager announced items to be discussed in Closed Session, and at 6:30 p.m., the meeting was convened at open session. ROLL CALL: Present: Members Barnes,Hodges,Oden, Reller-Spurgin and Mayor ' Kleindienst Absent: None AGUA CALIENTE TRIBE OF CAHUILLA INDIANS COUNCIL ROLL CALL: Present: Members Gonzoles-Lyons, Pate, Pete, and Chairman Milanovich Absent: Virginia Siva REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance; with Council procedures on July 2, 1999. REPORT OF CITY MANAGER ON MATTERS DISCUSSED IN CLOSED SESSION (All entities) - See page 3 of agenda this date. PUBLIC COMMENTS: None AS1, PALM CANYON DRIVE REHABILITATION PROJECT Motion to add item to agenda was presented;after which, it was moved by Reller Spurgin, seconded by Bames, and unanimously carried,Hodges abstain, due to Client of Employer,that the matter be added to the agenda. (136- City Manager reviewed the Change Order and added that approval of the change order would 057 increase the work by 17 working days and reduce the contract amount by$3,289. Councilmember Oden stated that the Hyatt is only a small factor in the project; that in fact, if the work could be done around the Hyatt, it should be; that the project needs to be done, and that the message being received is that we want the project done,but not really. City Manager stated that the Hyatt is not the only dissenter, Main Street did not approve of Schedule B. Mayor stated that complaints have not only been received by merchants on Palm Canyon, but residents. Councilmember Reller-Spurgin stated that Granite could be encouraged to accelerate their work, and added that everyone will not be satisfied whatever is done. Councilmember Oden questioned if both Schedules address liquidation charges. Mayor stated that both include the penalty. Minute Order 6448 approving Change Order #1 to A4115 for Granite Construction to increase working days by 17 and to reduce contract by $3,289, reliance on Schedule A, was presented; after which, it was moved by Barnes, seconded by Reller-Spurgin, and unanimously carried,Hodges abstain due to Client of Employer,that MO6448 be adopted. COMMUNITY REDEVELOPMENT AGENCY: Adjourn and reconvene as the Community Redevelopment Agency. A. EXISTING LITIGATION-DISMISSAL , Consideration of action to dismiss litigation in the matter of State of California vs. Community Redeveloument Agency of the City of Palm Springs et al, Case Numbers 78706, Superior Court of (124- Riverside County-Palm Springs and California Court of Appeals,4th App. Dist.,Div.Two,Case No. 106) E-017776. Executive Director read letter from Sara Drake, Deputy Attorney General,a copy of'which is on file in (144- 001) the Office of the City Clerk. Chairman questioned whether the City will be rescinding the DDA. Council Minutes 7-8-99,Page 2 4), 1; Mayor stated that according to the indications from the General Attorney's Office that it would be unnecessary. Chairman stated that the City Council has been requested to rescind the DDA; that doing so would result in the litigation being moot; that the City Attorney has stated the City's unwillingness to consider the rescinding;and that the Tribal Council was told that in order to void the State lawsuit the ' DDA must be rescinded. City Manager stated that at one time the City Attorney did suggest that alternatives be examined; that in fact the action is not necessary; that there are issues in the DDA that were negotiated and benefits both parties. Mayor stated that the intent to rescind the DDA was to get out of a lawsuit; and that it is no longer necessary. Chairman stated that when the DDA was implemented, the intent was to facilitate a piece of property, then other things came along; that the blight suit was filed against the Community Redevelopment Agency, and the Tribal Council was asked to rescind the DDA; the Tribal Council agreed to do so, then instead a lawsuit was filed by the Attorney General. City Manager stated that the DDA has given the City tools to be useful in further planning. Chairman stated that it is uncertain whether the lawsuit would lie dormant if no action is taken; that although the General Attorney states that this is not going to be pursued, court calendar timing would reactivate the lawsuit. Mayor stated that if nothing is happening on the legal front, and there is not pressure to pursue, that there is no reason not to just leave the matter alone; and added that the pending of a lawsuit does not present a problem to the City. Chairman stated that other factors could start and that the opportunity to terminate the matter will have passed. ' Mayor stated that the Attorney General is requesting a letter from the Tribe stating that the DDA does not prevent the Agency from objecting to the Band's proposal to have the United States take the property it purchased from the City of Palm Springs into trust; that to supply the letter to the Attorney General is all that is rleeded. Chairman stated that such a letter is not needed; that the statement in itself is fact; that Ms. Drake, Deputy Attorney General, did previously work for the attorney representing the Nevada faction, and may as such have other motives. Art Bunce,Tribal Attorney,stated that the land in question is already in trust,and a letter should not be required; and questioned what guarantee giving a letter to the State will result in the lawsuit being withdrawn. Chairman requested Tribal Planning Director to confirm that land is already in Trust status. Mayor stated that the land is already Trust held and a letter would be moot; and added that the Schedule of Performance has been held in abeyance due to the lawsuits, and that it is time to start moving along with the deadlines. Chairman stated that a letter was sent to the City in October 1996,to amend the DDA;that no response has been met. City Planning Director questioned the dates in the Schedule of Performance and would still be amenable if the years were updated. Art Bunce,Tribal Attorney,stated that everything should be measured by the compact appearing in the Federal Registrar;that once the agreed upon compact appears,all dates trigger. Mayor stated staff would be directed to review the amendment. B. PA2-TRIBAL COUNCIL DDA AGR339C Res --_ concerning mutual rescission of Disposition and Development Agreement with the Tribal Council.No Action, See minutes this date,Item A). Adjourn-Reconvene as the City Council LEGISLATIVE ACTION: Council Minutes 7-8-99,Page 3 1. BELARDO ROAD BRIDGE-MOU Recommendation: That the Council approve a Memorandum of Understanding; with the Tribal Council,defining issues relative to the Belardo Bridge. City Manager stated in an update that funds appropriated for this project have moved to being, ranked third out of ten; that the two requests above this project are smaller; and that more will be, known when the meeting with the Federal Highway Administrator is convened. Mayor stated that it is not clear the total amount of appropriation this year; that there are just so , many dollars available,but that hopefully this project will be included. City Manager stated that it is Congressional action to determine the projects and allocations; that. those determinations are made in November; and that presently we are in good position for funding. Art Bunce, Tribal Attorney, questioned why staff was addressing this as Amendment 2, that it should be Amendment 1; and added that Riverside County will also need to approve the: amendment. Tribal Planning Director stated that the drafts could be forwarded to County Counsel; that the; Supervisors should have no problem signing Amendment#1, but that a signature page should be added. City Manager stated that staff will add the signature page, change the amendment to #l, and questioned if the Chairman title should be used for Riverside County Flood Control District signature line. Councilmember Hodges stated that the agenda states consideration of a MOU,nct an amendment. Tribal Planning Director stated when meetings were held with the City Attorney it was thought a separate MOU was needed,but either could be done. Mayor stated that there is no change in the obligation, but that the City is definitely doing; something else, and at this point direction is given to staff to amend the existing; agreement with , amendment#l. Chairman questioned once approved,when would the City deed over the property. i Councilmember Hodges questioned when the City Attorney would be back. City Manager stated September. Councilmember Hodges stated that the work could be done, then presented to Council at the July 28, 1999 meeting for consideration. Chairman questioned if the City Attorney would react in anyway to the amendment. Mayor stated that in fact the City Attorney drafted the proposal. Councilmember Hodges clarified that the City Attorney drafted the proposal as a MOU. Mayor stated that the amendment was drafted as#2 and will be changed to#l. Direction given to staff to prepare the matter for the July 28, 1999 meeting. Chairman questioned if any other matters should be discussed. Consensus of both Councils to address the remaining items at the next meeting. It was further discussed and determined that joint meetings should be held on the Thursday following ' regularly scheduled Cabinet Meetings, in January,April,July and October. Council Minutes 7-8-99, Page 4 2. TAHQUITZ CANYON VISITOR CENTER Recommendation: That the Council approve the proposed Tahquitz Canyon Visitors Center, subject to recommendation to the Tribal Council. a) Memorandum of Director of Planning&Building ' b) If desired,Res-_as recommended.No Action 3. TAHQUITZ REGIONAL PARK-REAL PROPERTY TRANSFER Recommendation: That the Council authorize transfer of certain property in Tahquitz Regional Park, pursuant to the provisions of Agr 2435, to the Agua Caliente Band of Cahuilla Indians, and a grant of right-of-way and easement for road purposes. a) Memorandum of City Engineer b) If desired,Res --_as recommended.No Action. 4. AGUA CALIENTE TRIBAL BILLBOARD ORDINANCE AMENDMENT NO. 8 Recommendation: That the Council review and consider proposed amendments to the Tribal Billboard Ordinance. a) Memorandum of Director of Planning&Building b) If desired,motion directing action, if any.No Action. ADDITIONAL LEGISLATIVE ITEMS: None. ' ADJOURNMENT There being no father business,Mayor declared��the''meeting adjourned at 8:35 p.m. �`�""' - � PATRICIA A. SANDERS City Clerk