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HomeMy WebLinkAboutA1324 - AGUA CALIENTE BAND OF CAHUILLA INDIANSCITY OF PALM SPRINGS / AGUA CALIENTE BAND OF CAHUILLA INDIANS LAND USE CONTRACT Amended and Restated This Land Use Contract ("Contract") is made, entered into and effective this 17 day of 5e , 2018, by and between the Agua Caliente Band of Cahuilla Indians, a federally recognized Indian tribe acting through its duly constituted Tribal Council (the "Tribe") and the City of Palm Springs, a California charter city and municipal corporation (the "City"). RECITALS A. The Tribal Council of the Agua Caliente Band of Cahuilla Indians (the "Tribal Council") is entering into this Contract and now acts pursuant to the inherent sovereign authority of the Tribe, and Article V, paragraphs a, b, i, I, and r, of the Constitution and Bylaws of the Agua Caliente Band of Cahuilla Indians (the "Constitution"). B. For purposes of this Contract, "real property" shall mean the land, that which is affixed to the land, that which is incidental or appurtenant to the land, and that which is immovable by applicable law. The Tribe is a federally recognized Indian tribe with the sole authority to regulate land use within the exterior boundaries of the Agua Caliente Indian Reservation ("Reservation") on: 1. Real property owned by any member of the Tribe that is held in trust by the United States or is subject to a restriction against alienation imposed by the United States; or real property owned by a member of any other federally recognized Indian tribe that is held in trust by the United States or is subject to a restriction against alienation imposed by the United States (collectively, "Allotted Trust Lands"); and 2. Real property owned by the Tribe that is held in trust by the United States or is subject to a restriction against alienation imposed by the United States ("Tribal Trust Lands"); and 3. Real property not held in trust by the United States owned by members, or by non-members who have entered into consensual relationships with the Tribe or who undertake activities that affect the political integrity, the economic security, or the health or welfare of the Tribe ("On -Reservation Fee Lands"). C. The City is a charter city and municipal corporation formed pursuant to California law, which serves as an instrument of self-government for the residents within its geographical boundaries ("City Limits"), and is authorized pursuant to the California Constitution to make and enforce within City Limits all local, policy, sanitary, and other 1 ordinances and regulations not in conflict with the City's charter and applicable general laws. D. The Tribe, as a sovereign tribal government, has the authority to establish and impose its own land use controls (e.g., general plan, zoning, environmental review, building standards, and permits) within its jurisdiction, including on the Allotted Trust Lands of the Reservation. The Tribe, however, has chosen to coordinate its land use actions with those of the City and surrounding communities as a means of promoting the highest and best use of those Allotted Trust Lands and adjacent off -Reservation lands within City Limits and throughout the region. E. The City desires to provide a high level of planning, public safety, and other municipal services to all residents and businesses within City Limits. The City believes that Allotted Trust Lands within City Limits should equally benefit from consistent planning, public safety, and other municipal services. F. On July 26, 1977, the Tribe and the City entered into that certain Agreement (the "1977 Land Use Agreement") whereby: 1. The Tribe agreed to adopt all of the City's land use regulations as its own and apply them to the trust lands of the Reservation located within the City, and 2. The Tribe agreed to designate the City to be and to act as the Tribe's agent to enforce those land use regulations on the trust lands of the Reservation, and 3. The parties agreed to an appeal procedure, and 4. The City accepted these responsibilities. G. On August 5, 1977, in accordance with the 1977 Land Use Agreement, the Tribe enacted Tribal Ordinance No. 4 entitled "Ordinance Adopting the Application of the Planning and Zoning Regulations of the State of California and the City of Palm Springs to Indian Trust Land within Said City." Ordinance No. 4 adopts and applies, as the Tribe's own laws, all of the laws, ordinances, codes, resolutions, rules, and other regulations of the State and of the City which control the use and/or development of all of the Allotted Trust Lands within City Limits. H. On March 20, 1978, the Tribe and the City entered into that "Supplemental Agreement No. 1" to the 1977 Land Use Agreement in order to prescribe details regarding appeals by persons aggrieved by planning and zoning actions. 2 On February 4, 1987, the Tribe and the City entered into that "Supplement No. 2" to the 1977 Land Use Agreement to amend the 1977 Land Use Agreement to address recitals required by 25 U.S.C. §81. J. The Tribe and the City received retroactive approval of the 1977 Land Use Agreement and Supplemental Agreement No. 1 thereto on May 18, 1987, from the Assistant Secretary of Indian Affairs. K. On January 5, 1995, the Tribe and the City entered into that "Supplement No. 3" to the 1977 Land Use Agreement to exempt certain parcels of land from the 1977 Land Use Agreement. L. On July 27, 1995, the Tribe and the City entered into that "Supplement No. 4" to the 1977 Land Use Agreement to exempt certain parcels of land from the 1977 Land Use Agreement. M. On February 3, 1999, the Tribe and the City entered into that "Supplement No. S" to the 1977 Land Use Agreement to automatically remove parcels of land from the scope of the 1977 Land Use Agreement as the Tribe acquires title to them. N. This Contract supersedes all prior agreements regarding land use between the Tribe and the City, including the 1977 Land Use Agreement and all supplements and amendments thereto, in their entirety. O. As provided herein, the Tribe and the City continue to desire to have uniform and unified land planning and land use administration for Allotted Trust Lands located within City Limits. NOW, THEREFORE, in consideration of the mutual conditions and promises contained herein, and based on the recitals set forth above and the acknowledgments set forth below, the parties recognize that it is in their mutual best interest and benefit to agree as follows. TERMS OF AGREEMENT 1. Term. The term of this Contract shall commence on the date of its execution by both the Tribe and the City until terminated as provided herein or superseded. 2. Effective Date. This Agreement shall be effective on the date first written above. 3. Tribal Land Use Control Ordinance. Tribal Ordinance No. 51, "Local Government Land Use Ordinance" remains in effect as amended, renumbered, or re -designated from time to time. 3 4. Scope. This Contract shall only apply to Allotted Trust Lands within City Limits, except as provided herein, and shall not apply to Tribal Trust Lands. The Tribe reserves its inherent sovereign authority to regulate land use on Allotted Trust and Tribal Trust Lands. Nothing contained herein shall be construed or interpreted as a waiver of the Tribe's inherent sovereign authority to regulate land uses on said lands. 5. On -Reservation Fee Lands. Nothing set forth herein shall be construed or interpreted to waive or impair the City's authority to adopt and enforce land use regulations applicable to On -Reservation Fee Lands; provided, however, the Tribe may assert concurrent jurisdiction to adopt and enforce land use regulations applicable to On - Reservation Fee Lands when as may be authorized under the holding of Montana v. United States (1981), 450 U.S. 5441, and all applicable federal law or agreement of the parties. 6. Content of the Tribal Land Use Control. For Allotted Trust Lands within City Limits, as City Limits exist now or may exist in the future, the applicable comprehensive set of land use controls shall consist of all land use related ordinances, resolutions, and similar enactments of the City and the related statutes required to be administered by the City as noted below. The aforementioned comprehensive set of land use controls shall, unless limited herein, include: (a) General plans and specific plans; (b) Zoning laws and regulations; (c) Laws and regulations that authorize an owner of real property to deviate from development standards otherwise applicable to the property (i.e., variances); (d) Laws and regulations that authorize particular uses of real property subject to conditions not generally applicable to real property similarly zoned (i.e., conditional use and other similar permits); (e) Subdivision laws and regulations; 1 "A tribe may regulate, through taxation, licensing, or other means, the activities of nonmembers who enter consensual relationships with the tribe or its members, through commercial dealing, contracts, leases, or other arrangements. A tribe may also retain inherent power to exercise civil authority over the conduct of non -Indians on fee lands within its reservation when that conduct threatens or has some direct effect on the political integrity, the economic security, or the health or welfare of the tribe." (Montana v. United States (1981), 450 U.S. 544, 565- 566) (internal citations omitted). 4 (f) Building, grading, and other laws and regulations related to the construction and occupancy of buildings; (g) Design review laws and regulations; (h) Environmental laws and regulations — except as pre-empted by the National Environmental Policy Act (NEPA); (i) Outdoor advertising displays, excepting Tribal Trust Lands and Allotted Trust Lands; (j) Code enforcement or code compliance; and (k) Matters directly related to the above, except as noted in Paragraph 8 below. The Tribe and the City each reserve the right to seek an amendment to this Contract altering any of the above at any time. 7. Designation of City as Tribe's Agent. The Tribe designates and engages the City to be and to act as the Tribe's agent in the enforcement and administration of the measures described in Paragraph 6 above with respect to Allotted Trust Lands within City Limits, with full authority to act as the Tribe's agent, except as noted in Paragraph 8 below'. The purpose of such agency is to ensure that the City will apply and enforce the same development standards and procedures, except as noted herein, within City Limits, whether original jurisdiction lies with the Tribe or the City. 8. Limitations. (a) Tribal Trust Lands. This Contract shall not apply to Tribal Trust Lands. (b) Tribal and Federal Law. This Contract is not intended, and shall not be construed, to permit any violation of Tribal or federal law applicable to Allotted Trust Lands, Tribal Trust Lands, and On -Reservation Fee Lands within City Limits (e.g., Tribal Ordinance No. 13, Tribal Ordinance No. 50, and the Federal Controlled Substances Act, 21 U.S.C. §§ 801 et seq.). (c) Outdoor Advertising (Billboards). This Contract is not intended, and shall not be construed, to exempt any person with a beneficial interest in Allotted Trust Land or any person occupying or in possession of Allotted Trust Land from the requirements of Tribal Ordinance No. 13, "Outdoor Advertising Displays," as ' The parties understand and agree that the scope and nature of the City's land use authority over and with respect to On -Reservation Fee Lands is addressed above in Paragraph 5 above, subject only to the Tribe's potential assertion of concurrent jurisdiction as stated therein. 9 amended, renumbered, or re -designated from time to time. By its execution of this Contract, the Tribe does not designate the City as the Tribe's enforcement agent for Tribal Ordinance No. 13. The Tribe will enforce the Ordinance itself. The Tribe agrees to notify the City of any permits issued by the Tribe for new outdoor advertising displays within City Limits. (d) Historic Preservation. This Contract is not intended, and shall not be construed, to: (i) delegate the functions of the State Historic Preservation Officer that the Tribe assumed with respect to "tribal land," as that term is defined in 54 U.S.C. § 300319, pursuant to that certain Agreement Between the National Park Service, U.S. Department of the Interior and the Agua Caliente Band of Cahuilla Indians for the Assumption by the Tribe of Certain Responsibilities Pursuant to the National Historic Preservation Act (16 U.S.C. 470) dated September 15, 2005 ("2005 NHPA Agreement"), in accordance with Section 101 of the National Historic Preservation Act, 54 U.S.C. §§ 300101 et seq., and applicable implementing regulations at 36 C.F.R. Part 60 and Part 800, as such laws and regulations may be amended, renumbered, or re -designated from time to time; or (ii) delegate the Tribe's sole authority to review and approve the designation of Heritage Properties (defined below) on Allotted Trust Lands; or (iii) delegate the Tribe's sole authority to handle, manage, or control Cultural Resources (defined below) on Allotted Trust Lands. For purposes of this Contract, the terms "Heritage Property" and "Cultural Resource" shall have the meaning ascribed to them in Tribal Ordinance No. 37, "Tribal Historic Preservation Ordinance," as amended, renumbered, or re -designated from time to time. (e) Initiatives and Referenda. This Contract is not intended, and shall not be construed, to apply to land use controls or any other law adopted or repealed through the initiative process authorized pursuant to section 8(a) of article II of the California Constitution or the referenda process authorized pursuant to section 9(a) of article II of the California Constitution, whether such initiative or referendum is adopted or repealed by the City, through its City Council, or by a majority vote of the electorate. In the event a land use control is adopted or repealed through the initiative or referenda process, the Tribe and City agree to meet and confer within a reasonable time after adoption or repeal to evaluate whether the newly adopted or repealed land use control shall apply to Allotted Trust Lands and how the newly adopted or repealed land use control shall be implemented. 9. Consideration. The Tribe, for the benefit of the community and in order to assure the highest level of planning and development and in consideration of providing the above services, hereby permits the City to collect and retain all fees as they now exist or may exist in the future which provide direct compensation to the City for its actual costs in carrying out its duties as the Tribe's agent, subject to the limitations described herein. 0 10. Fees for Development Projects. (a) As used herein, "development fee" means a monetary exaction, other than a tax or special assessment, which is charged by the City to the property owner or developer or lessee in connection with approval of a development project for the purpose of defraying all or a portion of the costs of public services and community amenities resulting from the development project, whether imposed by a legislative action of the City pursuant to the Mitigation Fee Act (California Government Code sections 66000 — 66025) or on an ad hoc basis, but does not include fees for the processing of City regulatory actions or approvals as described in Paragraph 6, or fees that are established and imposed through a development agreement or other contract entered into by and between the City and the property owner, developer, or lessee. Subject to subparagraph (c) of this Paragraph, the City may impose and collect development fees on developments proposed for Allotted Trust Lands. (b) In addition to development fees applicable to development projects in the City, applicants for development may be required to dedicate land as needed, to provide for rights -of -way for public improvements such as streets and drainage for the term of the lease or permanent rights -of -way with the approval of the Secretary of the Interior. The City will provide to the Tribe, as necessary, a list of needed right-of-way dedications on Allotted Trust Lands. Such right-of-way dedications shall not conflict with any federal statutes or regulations regarding road rights -of -way on Indian land, particularly but not limited to 25 U.S.C. §§ 314, 323-325 and 357, and 25 C.F.R. Part 169, as said statutes and regulations may be amended, renumbered, or re -designated from time to time. (c) Following the execution of this Contract, the City shall provide mailed notice to the Tribe of any adoption of any anticipated legislative action to adopt any new development fee or increase any existing development fee, together with a statement justifying such new or increased fee, at least fourteen (14) days prior to adoption. The City shall also consult with the Tribe prior to the adoption of any such new or increased fee, if consultation is requested by the Tribe. Within sixty (60) days after receipt of the notice of adoption of such new or increased fee, the Tribe may take formal action to specifically decline to apply to the Allotted Trust Lands any such new or increased fees deemed unjustified by the Tribe. Unless so declined by the Tribe, all such new or increased fees shall be applicable to the Allotted Trust Lands and may be imposed and collected by the City. 11. Exception to Scope of Agency. This Contract is not intended, and shall not be construed, to operate, limit, or impair the authority of the U.S. Department of the Interior and the Bureau of Indian Affairs to negotiate, execute, approve, or otherwise administer existing and future leases or rights -of -way on Allotted Trust Lands, or to 7 eliminate or substantially impair any existing land use under an approved lease. Since the Tribe cannot substantially interfere with the federal leasing function, it cannot delegate any such authority to the City. 12. Immunity. This Contract is not intended, and shall not be construed, to limit or waive the sovereign or governmental immunity from suit enjoyed by either party. 13. Appeals. Any person aggrieved by a final action of the City in matters within the scope of this agency affecting Allotted Trust Lands may appeal to the Tribal Council for relief, according to the terms of Tribal Ordinance No. 5, "Tribal Land Use Appeal Ordinance," as amended, renumbered, or re -designated from time to time. The Tribal Council, in accordance with the Tribal Land Use Appeal Ordinance, after notice and opportunity for hearing and on the basis of the entire record, may affirm, reverse, or modify any decision of the City on such a matter affecting Allotted Trust Lands as specified in said Tribal Ordinance, and the decision of the Tribal Council shall be final. The Tribal Council shall meet jointly with the City to review an appeal before making a final decision, as specified in the Tribal Land Use Appeal Ordinance, unless the City unilaterally deviates from the joint meeting requirement, thus waiving the City's right to a joint meeting prior to final Tribal decision on the appeal. 14. Consultation and Cooperation. In order to facilitate the regular presentation of the Tribe's views to the City on matters within the scope of this agency and as part of the normal processing of applications and other matters within the scope of this agency, the City will give the Tribe reasonable advance notice (e.g., at the time of distribution of project plans to local utilities for input) of all such matters so that the Indian Planning Commission will be able to evaluate all such matters and present its recommendations to the Tribal Council which, in turn, will present its recommendations to the City in time for such recommendations to be considered by the City staff, City Planning Commission, and City Council. 15. Best Efforts. The parties shall exert their best effort to keep this Contract in good standing and to serve as the basis for a mutually beneficial relationship which will encourage and assist the uniform and unified development of all Allotted Trust Lands, and adjacent non -trust lands located within City Limits, in an orderly, expeditious, and professionally sound manner. 16. Joint Interest Regarding Challenge. (a) If any third party who is a land use applicant with an application involving any of the subject land use controls specified in Paragraph 5 takes formal court action to challenge any action taken by the City as the Tribe's agent or the Tribe or Tribal Council affirming, reversing, or modifying any decision of the City, as provided herein, whether with or without an appeal having been filed, as 8 provided herein, the City and the Tribe will immediately consult to develop a unified response. The Tribe and the City will coordinate action to address defense against any such challenge, such as providing declarations or copies of documents, assisting legal counsel, preparing and filing an amicus curiae brief, or Tribal intervention as a party in litigation, depending on the nature and scope of this challenge. (b) In any such legal proceedings, the City and the Tribe may each engage and pay for separate or additional legal counsel, at the option of each and, in appropriate cases, may, by separate agreement, agree to engage joint counsel on terms specified in that agreement. It is acknowledged by the Tribe that the City routinely imposes, as a general land use condition of approval, a requirement that the applicant for a land use application indemnify, defend, and hold harmless the City against any legal action brought by third parties challenging the City's approval of the land use application. 17. Notice of Appeal Rights. In order to inform developers and others of the availability of appeals of final City actions to the Tribal Council, as provided above, and to make clear the nature of the existence of the agency created by this Contract, the City will provide notice of the availability of the right to appeal any City actions and that such appeal to the Tribal Council must occur prior to filing any legal challenge to any action undertaken by the City. The contents of such notification language will be substantially as agreed upon by Tribal and City representatives. 18. Termination. Either party may terminate this Contract, without prejudice to the legal position thereafter asserted, upon thirty (30) days written notice to the other party. In the event of such termination of this Contract, any development project previously granted approval by the City shall continue to be bound by the terms and conditions of such approval. SIGNATURES FOLLOW 9 IN WITNESS WHEREOF, the Parties hereto have executed this Contract by their respective authorized officers. 1111W_19h117_1ki :1 La ry N. 61inger Vice Chairman, Tribal Council Vincent nzales III Secreta -Tre r, riba ncil , �, la Reid D. Milanovich Member, Tribal Council Anthon . Purnel Member, Tribal Council M S Robert Moon Mayor Da e %D 2S Date ll.� Date 4A Date tobx /1 g Date Date APPROVED AS TO FORM APPROVED By CITY COUNCiL lkw •A. t A2>( CMArro�r Aw►"JAl is Qc La U5L "°� A ST: 10 ity Cler AGUA CALIENTE DAHD OF CAHUILLA IMAM TRIBAL PLANNING & DEVELOPMENT 2118 SEP 17 AM 9: 10 September 13, 2018 Mr. Anthony Mejia City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Re: Notification of Tribal Property Acquisition Approx. 6,098 Sq. Ft. APN: 508-021-003-9 q'1L /Y1F This letter is to notify the City of Palm Springs that the Agua Caliente Band of Cahuilla Indians (Tribe) has acquired the subject property located in Section 14 on Calle Encilia, approximately 100 feet south of Alejo Road. The closing date of this parcel was September 12, 2018. As a result, this parcel has been removed from the scope of the Land Use Contract between the Tribe and the City of Palm Springs. Attached is an exhibit outlining the property, as well as a copy of the recorded Grant Deed. If you should require any additional information, please do not hesitate to contact me directly at 760- 883-1330. Sincerely, Anthony Ramirez Economic Development Project Manager 5401 DINAH SHORE DRIVE, PALM SPRINGS, CA 92264 T 760/699/6800 F 760/699/6823 WWW.AGUACALIENTE-NSN.GOV 508-021-003 508-021-020 w •t e�JP CA'Lf*� AQUA CALIENTE INDIAN RESERVATION $ TUNE, SECTION 14 CALLS SANTA ROSA Q`CAiIU N FEE PARCELS Allotted and Not Leased Fee �; 0 25 50 75 100 Allotted and Leased Feet Tribal Agua Caliente Band of Cahuilla Indians planning 8 Devetoprnent Department 5401 Dinah Shore Drive Pads Springs CA, 92264 Geospatiallnformation Services (760) 8831911fFax (760) 883-1937 1GIS1Prgect Fnes1Potenbal Acqumtiom/mxd,CalleSantaRosa_20131203 mxd. o 1 t &.,am F� ARM No, ■Ei,; iMIN ■� ��� �ME ■cm- ■�M ��moo ■ �� X RECORDING REQUESTED BY: Chicago Title Company When Recorded Mail Document and Tax Statement To: Jeffrey L. Grubbe Ague Caliente Band of Cahuilla Indians, a federally recognized Indian Tribe 5401 Dinah Shore Dr. Palm Springs, CA 92264 Escrow Order No.: 7101811058 APN/Parcel I D(s): 508-021-003-9 79-A 11011, 011 The undersigned grantor(s) declare(s) D # 2018-0365757 09/12/2018 10:43 AM Fees: $27.00 Page 1 of 2 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder "This document was electronically submitted to the County of Riverside for recording" Receipted by: MARIA #309 ABOVE THIS LINE FOR REGOROER'S USE Exempt from fee per GC 27388.1 (a) (2):Ty'IIS 0IDCUIY1t y* 1 S a transfer subject to the Imposition of documentary transfer tax. GRANT DEED O This transfer is exempt from the documentary transfer tax. 0 The documentary transfer tax Is $550.00 and is computed on: EZ the full value of the interest or property conveyed. ❑ the full valueless the liens or encumbrances remaining thereon at the time of sale. The property is located in ® the City of Palm Springs. FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Belinda Sue Short (who acquired title as Belinda Sue Segundo) and Alana Mae Segundo (who acquired title as Aiana May Segundo) and Leroy Segundo and Deborah L. Williams hereby GRANT(S) to Agua Caliente Band of Cahuilla Indians, a federally recognized Indian Tribe the following described real property In the City of Palm Springs, County of Riverside, State of Califomia: For APN/Parcel ID(s): 508-021-003-9 Lot 9 of Indian Allotment No. 80 of Section 14, Township 4 South, range 4 East, San Bernardino Base and Meridian, in the City of Palm Springs, County of Riverside, State of California, according to the official plat thereof, being more particularly described as follows: Beginning at a point on the North line of Section 14, that bears South 84° 59' East, a distance of 578 feet from the Northwest comer thereof; Thence South 000 14' East and parallel with the West line of said Section 14, a distance of 140 feet to the true point of beginning; Thence continuing South 00' 14' East, 50 feet; Thence South 890 59' East, 125 feet; Thence North 000 14' West, 50 feet; Grant Deed Printed: 09.07.18 @ 01:02 PM SCA0000129.doc / Updated: 11.20.17 CA-CT-FWIN-02180.055722-7101811058 C #2018-0365757 Page 2 of 2 GRANT DEED (continued) APN/Parcel I D(s): 508-021-003-9 Thence North 89° 59' West, 125 feet to the true point of beginning. Dated: September 7, 2018 IN WITNESS WHEREOF, the undersigned have executed this document on the date(s) set forth below. ,X�- ,bceoZ� Belinda Sue Short D Alana Mae Segundo &�M 40dek Leroy SegtVndb d. e orah L. Williams A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of County of Q-1A41 On ci before me, 3. Sate , Notary Public, (here insert n me and title of the officer) personally appeared lwlyaft&L sywt G L.luVbN1%R4nE, who proved to me on the basis of satisfactory evidence to be the pe on(s) *hosh name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. W ITNES my hand and official seal. Signature Grant Deed SCA0000129.doc / Updated: 11.20.17 I SARPONB Commission # 2086345 •' Notary Public - California zz z Riverside County (Seal) Comm. Egires Nov 13, 2018+ Printed: 09.07.18 C 01:02 PM CA-CT-F W I N-02180.055722-7101811058 AGUA CALIEIYTE D�HhD OF CAHUILLA IIYbiAhi TRIBAL PLANNING & DEVELOPMENT May 15, 2018 Mr. Anthony Mej is City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Re: Notification of Tribal Property Acquisition Approx. 11,761 Sq. Ft. (495 N. Calle Santa Rosa) APN: 508-021-025-9 This letter is to notify the City of Palm Springs that the Agua Caliente Band of Cahuilla Indians (Tribe) has acquired the subject property located in Section 14 at the South West corner of Alejo Road and Calle Santa Rosa, also known as 495 N. Calle Santa Rosa. The closing date of this parcel was May 11, 2018. As a result, this parcel has been removed from the scope of the Land Use Contract between the Tribe and the City of Palm Springs. Attached is an exhibit outlining the property, as well as a copy of the recorded Grant Deed. If you should require any additional information, please do not hesitate to contact, Economic Development Project Manager, Anthony Ramirez at 760-883-1330. Sincerely, Todd Hooks m f Economic Development Director, T N ' C) 5401 DINAH SHORE DRIVE, PALM SPRINGS, CA 92264 T 760/699/6800 F 760/699/6823 WWW.AGUACALIENTE-NSN.GOV AQUA CALIENTE INDIAN RESERVATION T4SR4E, SECTION 14 CALLS SANTA ROSA POTENTIAL ACQUISITIONS Parcel of Interest Potential Acquisition - Not Owned By ACBCI Allotted and Not Leased Fee Allotted and Leased Tribal N 0 25 50 75 100 eet Ague Caliente Band of Cahuilla Indians Planning & Development Department 5401 Dinah Shore Drive Palm Springs CA, 92264 Geospatial Information Services (760) 883-1911fFax (760) 883-1937 ;G1.q'P—,M Fd,n P,--1 A—.mllnnVm.dir., MCanlnR— mxd RECORDING REQUESTED BY: Chicago Title Company When Recorded Mail Document and Tax Statement To: Jeffrey L. Grubbe Agua Caliente Band of Cahuilla Indians, a federally recognized Indian Tribe 5401 Dinah Shore Dr. Palm Springs, CA 92264 Escrow Order No.: 7101804977-DD APN/Parcel ID(s): 508-021-025- g TgA:0II-01-1 The undersigned grantor(s) declare(s) X # 2018-0184209 05/11/2018 08:00 AM Fees: $30.00 Page 1 of 3 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder "This document was electronically submitted to the County of Riverside for recording`• Receipted by: MARIA VICTORIA #411 THIS LINE FOR RECORDER'S USE Exempt from fee per GC 27388.1 (a) (2); This document is a transfer subject to the imposition of documentary transfer tax. GRANT DEED ❑ This transfer is exempt from the documentary transfer tax. 0 The documentary transfer tax is $935.00 and is computed on: 21 the full value of the interest or property conveyed. ❑ the full value less the liens or encumbrances remaining thereon at the time of sale. The property is located in Q the City of Palm Springs. FOR A VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged, Nancie K. Self, an unmarried woman hereby GRANT(S) to Agua Caliente Band of Cahuilla Indians, a federally recognized Indian Tribe the following described real property in the City of Palm Springs, County of Riverside, State of California: For APN/Parcel ID(s): 508-021-025 Parcel 1: That Portion Of Block 80 As Shown On The Official Plat Of The Survey On File In The Bureau Of Land Management In Section 14, Township 4 South, Range 4 East, San Bernardino Base And Meridian, in the City of Palm Springs, County of Riverside, State of California And More Particularly Described As Follows: Beginning At A Point On The North Line Of Said Section 14 That Bears South 890 59'00" East, 703.00 Feet From The Northwest Corner Thereof; Thence South 00° 14' 00" East And Parallel With The West Line Of Said Sectionl4, 40.00 Feet To The True Point Of Beginning; Thence Continuing South 00° 14' 00" East, 50.00 Feet; Thence South 89° 59' 00" East 125.00 Feet; Thence North 00' 14' 00" West, 50.00 Feet; Grant Deed Printed: 05.10.18 ® 03:37 PM SCA0000129.doc ! Updated: 11.20.17 CA-CT-FW IN-02180.055722-7101804977 JC #2018-0184209 Page 2 of 3 GRANT DEED (continued) APN/Parcel ID(s): 508-021-025 Thence North 89° 59' 00" West, 125.00 Feet To The True Point Of Beginning; Said Land Is Also Described As Lot 2 On The "Ferguson Map" On File In The Bureau Of Indian Affairs At Palm Springs, California. Parcel 2: That Portion Of Block 80 As Shown On The Official Plat Of The Survey On File In The Bureau Of Land Management In Section 14, Township 4 South, Range 4 East, San Bernardino Base And Meridian, in the City of Palm Springs, County of Riverside, State of California And More Particularly Described As Follows: Beginning At A Point On The North Line Of Said Section 14 That Bears South 89° 59'00" East, 703.00 Feet From The Northwest Corner Thereof; Thence South 00° 14' 00" East And Parallel With The West Line Of Said Section 14,90.00 Feet To The True Point Of Beginning; Thence Continuing South 00° 14' 00" East, 50.00 Feet; Thence South 890 59' 00" East 125.00 Feet; Thence North 00' 14' 00" West, 50.00 Feet; Thence North 89' 59' 00" West, 125.00 Feet To The True Point Of Beginning. Said Land Is Also Described As Lot 7 On The "Ferguson Map" On File In The Bureau Of Indian Affairs At Palm Springs, California. Dated: May 2, 2018 WITNESS WH EOF, the undersigned have executed this document on the date(s) set forth below. ancie K. Self Grant Deed Printed: 05.02.18 Q 05:21 PM SCA0000129.doe / Updated: 11.20.17 CA-CT-FW I"2180.055722-7101804977 ,DC #2018-0184209 Page 3 of 3 GRANT DEED (continued) APN/Parcel ID(s): 508-021-025 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness__, accuracy, or validity of that document. State of 64 4-ri'r61- County of 'R;?VSi z6 Can AIA l 4, 20/5— before me. Ro &fE 2 L - t7Qa&M , Notary Public, (here insert name and title of the officer) personally appeared /4Q/lGj;o k. -Seal who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS y hand and official seal. S' Grant Deed SCA0000129.doc / Updated: 11.20.17 ROGER L. GRAHAM Commission 4t 2135711 Notary Public - California i (Seal) = Riverside County 61 Comm. Expires Dec 4, 2019 Printed: 05.02.18 @ 05:21 PM CA-CT-FW IN-02180.055722-7101804977 Agua Caliente Band of Cahuilla Indians - Tribal/City Land Use Coordination on Certain Parcel% AGREEMENT #1324A AGREEMENT FOR TRIBAL/CITY R19450, 1-6-99 LAND USE COORDINATION ON CERTAIN PARctLs _ - _ - THIS AGREEMENT FOR TRIBAL/CITY LAND USE REVIEW ON CERTAIN PARCELS ("Agreement') is made this 15th day of December, 1998 by and between the AGUA CALIENTE BAND OF CAHUILLA INDIANS, acting through its Tribal Council (the "Tribe"), and the CITY OF PALM SPRINGS, CALIFORNIA, acting through its City Council, a municipal corporation (the "City"). This Agreement is made with reference to the following: RECITALS: A. WHEREAS, the Tribe is a federally-recognized Indian tribe which exercises its sovereign authority over the lands of the Agua Caliente Indian Reservation according to a Constitution approved by the Commissioner of Indian Affairs, as well as applicable federal law, with portions of the City of Palm Springs located within the boundaries of its federal Indian reservation; and B. WHEREAS, 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. The trust lands of the Agua Caliente Indian Reservation are interspersed in a checkerboard pattern within that portion of the City located within the Reservation; and C. WHEREAS, both the Tribe and the City wish to cooperate in promoting the orderly and expeditious use and development of all lands of the Agua Caliente Indian Reservation to their highest and best use, consistent with principles of sound planning and the sovereignty of the Tribe; and D. WHEREAS, on July 26, 1977, the Tribe and the City entered into that certain Agreement No. 1324 (hereinafter the "Land Use Agreement'), adopted by City Council Resolution No. 12298. Pursuant to that Agreement, the parties agreed that applications for issuance of permits and development pertaining to any Trust lands would initially be processed through the City, with the City collecting its normal fees and charges. Any party aggrieved by an action of the City Council in any such planning and zoning matters was given the right to appeal any action of the City to the Tribal Council, with the Tribal Council having the ability, following a noticed hearing, to affirm, reverse, or modify any decision of the City Council on any matter affecting Indian Trust Lands, with the decision of the Tribal Council being final, after consideration of the recommendation of the Indian Planning Commission, as well as applicable federal and tribal law; and E. WHEREAS, the Land Use Agreement has been amended from time to time, by Supplements 2, 3, and 4, and most recently by Supplement No. 5, which would exempt all land acquired by the Tribe from regulation by the City, including: Application of all laws, ordinances, and codes; application of all fees, including drainage, sewer, school, Uniform Transportation Mitigation fees, building and other fees. The taking of title to parcels into trust by the United States for the Tribe would exempt such property from regular City taxes such as property taxes, sales taxes, transient occupancy taxes, and others; and 1 F. WHERE�:S, the Tribe has generally supported 0velopment consistent with the City's General Plan and other ordinances and regulations but has the authority to adopt its own land use plan and policies; and G. WHEREAS, the Tribe has commenced a program, when economically feasible, to reacquire any Trust Land which has been sold in fee. To facilitate Indian development on such Land, the Tribe would like to have an expedited process for City review and comment on said projects. The Tribe is willing to consider such review and comment, if given in a timely manner. The City believes that the opportunity to provide review and comment, but not approval, of such projects would be valuable to assure that such projects are integrated with surrounding development and to assure that the City's and the Tribe's normal development standards are maintained insofar as possible. In addition, both parties believe that all development throughout the City on both Tribal and non-Tribal land should make a fair share contribution in exaction, fees or other consideration to pay for the burdens imposed by the development on the City or for the benefits received by the development from the City. IN CONSIDERATION OF THE FOREGOING, THE PARTIES HEREBY AGREE AS FOLLOWS: 1. Pre-submittal. Prior to the initiation of a Project on Tribal Land and initiation of the process detailed below, the Tribe, where feasible, will consult with the City to determine the scope and significance of the Project and its appropriate level of review. This consultation will normally, but not necessarily, be satisfied by a meeting between the Tribal Planning Department and City Department of Planning and Building. 2. Submission of Report. When any new development or substantial expansion or renovation of a project is proposed on land located within the Reservation and has been acquired by the Tribe, at least ninety (90) days prior to Tribal approval of the project, including preliminary or schematic design, the Tribe shall submit to the City a report on the Project ("Project Report"). As used herein, "Reservation" means those lands whose legal description is set forth in Exhibit A Hereto. The Project Report shall include a description of the Project, the preliminary or schematic plans and drawings for the Project, environmental documents per NEPA, if any, or any equivalent Tribal document, an analysis of the compatibility of the proposed Project with the City's and the Tribe's development standards, an analysis of the fiscal impact of the Project, and a statement identifying any manner in which the Project would be exempt from, or not conform to, any ordinance, rule, regulation, or standards of the City or of the Tribe. The Tribe shall provide any explanation of any of the foregoing, as they shall deem reasonable or necessary. The Indian Planning Commission, and other Tribal bodies, will develop this report in accordance with applicable federal and Tribal law. The level of detail provided in the Project Report should be as follows: if a minor project, then similar to the level of detail normally required by the City for architectural review; if a major project, then similar to the level of detail which would be required by the City for Planned Development District permit. The determination of whether a project is major or minor shall require the agreement of the chief staff planning official of each party but, in the event of a disagreement, the opinion of the Tribe's planning official shall govern. It is the intent of the parties that this process be undertaken, not at the point at which the land is acquired by the Tribe, but when 2 development is con mplated, and when the development c9be described and its impacts forecast 3. Administrative Review. Upon receipt of a Project Report, the City Manager shall distribute the Project Report to appropriate departments, including Police, Fire, Finance, Public Works, Planning and Building, and such other departments as the City Manager shall deem relevant, such as Parks and Recreation, Tourism, Economic Development, and so forth. It shall be the purpose of this administrative review to determine how well the Project conforms with the City's existing rules and regulations; any health and safety, or welfare concerns; the adequacy of police and fire safety services, and other services of the City necessary for the Project; compatibility of the project with surrounding properties; and the fiscal impact of the Project. The purpose of the fiscal impact analysis shall be to determine whether the Project will pay the normal City fees, taxes, charges, and assessments; to the extent that any of such revenues will not accrue to the City, what will be the resulting financial impact therefrom; what other direct and indirect financial impacts, negative or positive, will result; and what the overall economic impact will be of the Project on the City. Within thirty (30) days of the City Manager's receipt of the Report from the Tribe, the City shall prepare the "Administrative Analysis" of the foregoing information and shall submit the Administrative Analysis to the City Council for its review and approval. 4. City Council Conformity Report. The City Council shall have thirty (30) days from the submission of the Administrative Analysis to prepare the City Council's Conformity Report ("Conformity Report"). The Conformity Report shall be adopted by the City Council at a public meeting. At the same time that the City Manager submits the Administrative Report to the City Council, a copy of the same shall be submitted to the Tribe. The Tribe shall have ten (10) days to prepare its comments on the Administrative Analysis for submission to the City Council to be considered at the time the City Council determines the Conformity Report. The Conformity Report shall contain the same subject matter as the Administrative Analysis. S. Joint Meeting. Upon the City Council's adoption of the Conformity Report, the Project Report shall be immediately submitted to the Tribal Council. Within thirty (30) days, the Tribal Council and the City Council shall schedule a Joint Meeting to discuss the Conformity Report and whether any measures should be taken to make the Project more conforming with the rules, regulations, and ordinances of both the City and the Tribe. 6. Final Tribal Action. At the Joint Meeting, or following the Joint Meeting, the Tribal Council may take any action authorized by its Constitution, Bylaws, rules, and ordinances concerning the Project. The Tribal Council shall be free to disregard any or all comments in the Conformity Report or otherwise made by the City Council and may approve or modify the Project in any way the Tribal Council deems appropriate. It is expressly understood by the parties hereto that the Tribal Council retains full and complete sovereignty to administer Tribal lands in accordance with the Constitution, Bylaws, and Ordinances of the Tribe and applicable federal law. This Agreement deals solely with the consultation process in which the City is being given the opportunity to review and comment on certain projects being undertaken by the Tribe, and the Tribal Council retains full and complete authority to make final decisions concerning the development of Tribal Land under its Constitution and applicable federal and Tribal law. 3 7. Waiver..ith the approval of both parties, any®rtion of the foregoing process may be waived if the Project is not deemed significant, if the Project is found to be conforming, or if due to the exigencies of time the normal process cannot be accommodated. 8. Amendments. This Agreement maybe amended by mutual agreement by the parties, provided that neither party may terminate this Agreement, without prejudice to any legal position thereafter asserted, upon thirty (30) days written notice to the other party. 9. Approval. This Agreement shall be approved by Resolutions of the Tribal Council and the City Council. 10. Lands Located Inside Reservation and Owned in Fee by Parties Other than the Tribe. This Agreement will not affect, alter, increase, or decrease in any way the jurisdiction that either the City or the Tribe may have over the use or development of parcels of land located within the Reservation, which are owned in fee by parties other than the Tribe. The parties recognize that federal law already allocates such jurisdiction over such parcels. 11. Lands Located outside Reservation. The parties recognize that federal law provides to the City notice and an opportunity to express its views on the subject of the proposed taking of title into trust for the Tribe of parcels located outside the Reservation but within the city limits of the City in 25 C.F.R. §151.11(d), as well as time in which to challenge such a proposed action before it occurs, in 25 C.R.F. §151.12(b). Otherwise, this Agreement will not affect, alter, increase, or decrease in any way the jurisdiction that either the City or the Tribe may have over the use or development of such parcels of land. The parties recognize that federal law already allocates such jurisdiction over such parcels. 4 0 0 IN WITNESS WHEREOF, the parties have executed this Agreement by their respective authorized officers on the day and year first above written. CITY OF PALM SPRINGS, CALIFORNIA a municipal corporation By: �MJ._U V,ms ti w 4 Will Kleindienst, Mayor Attest: Approved as to form: C '1 C I w- Judith Sumich, City Clerk DavibAeshire, City Attorney AGUA CALIENTE BAND OF CAHUILLA INDIANS, a federally-recognized Indian tribe by: i Richard M. Milanovich, Chairman Approved as to form: Art Bunce, Tribal Attorney 5 SUPPLEMENTAL AGREEMENT NO. 1 (To Agreement No. 1324 between the Tribal Council of the Agua Caliente Band of Cahuilla Indians and the Palm Springs City Council.) This supplemental agreement is made as of the day of 1976, by and between the Tribal Council of the Agua Caliente Band of Cahuilla Indians ("Tribal Council") and the City Council of the City of Palm Springs, California ("City"). Purpose The Tribal Council and the City previously entered into an agreement (No. 1324 in City's records) dated July 26, 1977, relating to the regulations con- cerning zoning, use and development of Indian trust lands, and the administration thereof by City; and it is now the mutual desire of the parties to prescribe more specific details in implementation of paragraph II.4. of said agreement pertaining to appeals by persons aggrieved by planning and zoning actions. Agreement Therefore, the parties hereto mutually agree that paragraph II.4. of said Agreement No. 1324 is implemented by the adoption of the procedures and specific details prescribed in the attached "Proposed Amendment, Palm Springs Zoning Ordinance" which procedures and details shall be deemed effective immediately, and shall be processed for inclusion in the Palm Springs Zoning Ordinance at such time in the future as the total "package" of future procedures, rules or regulations by agreement of the parties, is ready for processing for inclusion in the Palm Springs Zoning Ordinance, as contemplated by paragraph II.5. of said Agreement No. 1324. IN WITNESS WHEREOF, the parties hereto have executed this agreement by their respective authorized officers the day and year TRIBAL/ 0UNC-1 LA I C S written. IENTE B5AD By PROPOSED AMENDMENT PALM SPRINGS ZONING ORDINANCE NOTE: The following specific language is proposed as an amendment to the above Ordinance, based on the latest study and meetings of the Tribal Council, Agua Caliente Band of Cahuilla Indians and the Palm Springs City Council. SECTION 9411.00 - APPEALS, INDIAN TRUST LAND A. Pursuant to the contractual agreement between the Tribal Council, Agua Caliente Band of Cahuilla Indians (Tribal Council), and the City Council of the City of Palm Springs (City Council), executed July 26, 1977, and the provisions of Tribal Ordinance No. 4, enacted August 5, 1977, and not- withstanding any provision of the Palm Springs Zoning Ordinance to the contrary, said Tribal Council may, upon the appeal of an aggrieved party, either affirm, modify, or reverse any decision of said City Council in the following matters relating to the use, proposed use, or development of Indian trust land: 1. Building and Utility Permits. 2. Changes of Zone. 3. Variances from applicable zoning requirements. 4. Conditional Use Permits. 5. Planned Development District Permits. 6. Tentative and Final Tract and Parcel Maps. 7. Changes or amendments to the General Plan, or to the Zoning Ordinance of the City of Palm Springs. 8. Enforcement of Zoning and Building Codes. 9. Interpretation of State and Federal environmental regulations. 10. Related matters to the above. B. Notice of appeals to the Tribal Council must be filed within ten (10) days of the written decision of the City Council which is being appealed, and such filing stays all proceedings in the matter until the decision of the Tribal Council on the appeal. C. Notwithstanding any provision of the Palm Springs Zoning Ordinance to the contrary, any matter referred to in Section 9411.00A, above and relating to the use, proposed use, or development of Indian trust land, which has been disapproved by the Planning Commission of the City of Palm Springs, shall be forwarded to the City Council for decision within the time limit, as prescribed for those matters requiring a decision of said City Council. Unless an applicant signs a written waiver of his appeal rights when any matter referred to in Section 9411.00A above has been disapproved, the Secretary of the Planning Commission shall notify the applicant of such disapproval in writing. The notification shall further inform the applicant that (1) the matter has been forwarded to the City Council for decision, and (2) that applicant may contact the City Clerk within 15 days regarding the date applicant desires the matter to come before the City Council. For purposes of this paragraph, a matter shall be deemed disapproved if formally disapproved or conditions are imposed before the approval will be granted. D. In those matters referred to in Section 9411.00A, above, and relating to the use, proposed use, or development of Indian trust land, the applicant, land owner, or the Tribal Council at any time during the application or proposal processing period, may, if it is contended that there is or has been any unreasonable or undue delay in such processing, file complaint in writing to this effect with the City Clerk, and the City Council shall thereupon as promptly as practicable, hear the matter, make a decision, and take such action as is appropriate in the case. E. Notwithstanding the fact that the Tribal Council is not a "public agency" or a "quasi -public agency," the decision of the Tribal Council on an appeal from action of the City Council in any matter referred to above, shall be made at or subsequent to at least one public meeting with the City Council at which time the appellant may be heard and where testimony of the general public on the issue may be heard, provided that such comments supply new and pertinent information not previously included in the City record. Testimony of the general public shall be subject to reasonable restrictions which might be imposed by the Tribal Council to limit the length of the meeting and to avoid repetition of testimony. F. The decision of the Tribal Council shall be final on any appeal from a decision of the City Council. Thereafter, any permits necessary to the use of the land in accordance with the decision of the Tribal Council shall be issued by the City of Palm Springs. Agua Caliente Band of Cahuilla Indians - Interim processing of trust land dev permits CONTRACT AGREEMENT #1324 (Orig 7-26-77) Res #12298, 7-26-77 This agreement is made as of the 26th day of July 1977, by and between the Tribal Council of the Agua Caliente Band of Cahuilla Indians ("Tribal Council") and the City Council of the City of Palm Springs, California ("City"). I. Statement of Facts 1. The Tribal Council is the legally recognized organized governing body of the Tribe with the authority under its Constitution and By -Laws to enter into this agreement with the City. 2. The Under Secretary of the Interior, effective as of June 28, 1977, issued a Notice (42 F.R. 32851) rescinding the application of the land use regulatory laws of the City of Palm Springs and the State of California to those leased Indian trust lands geographically located within the City. 3. The Tribal Council has the power under its Constitution and By -Laws and in keeping with its powers of self-determination to adopt policies to achieve the highest and best use of Agua Caliente Indian lands, including but not limited to zoning and development thereof. 4. In view of the Under Secretary's Notice, the City, by City Council Resolution No. 12249 adopted on June 29, 1977, has suspended the processing of applications filed on and after June 29, 1977, dealing with Indian trust lands. 5. The suspension of applications in respect to the develop- ment of Indian trust land, if not promptly and properly eliminated threatens to impose an unreasonable hardship on the appropriate develop- ment of Indian trust land and to irreparably damage the economy of the entire community. 6. Both parties recognize the need for effective planning, zoning, and land use controls with respect to all lands under their respective jurisdiction. 1. 7. The parties desire to make a sincere effort to effectively resolve this problem without delays and in a mutually satisfactory manner. II. Agreement of the Parties In consideration of the mutual promises and undertakings herein- after agreed to, the Tribal Council and the City do hereby agree as follows: 1. Upon execution of this agreement, the Tribal Council shall by ordinance or resolution make applicable to Indian trust lands geo- graphically located within the City the laws, ordinances, codes, reso- lutions, rules, or other regulations of the State of California and of the City, limiting, zoning or otherwise governing, regulating or con- trolling the use or development of Indian trust lands within the geo- graphical limits of the City, and the City will resume the processing and, when all is found to be regular and in accordance with applicable laws and regulations, the issuance of all permits pertaining to said Indian trust lands in all ways necessary and proper for the development thereof, which shall include but not be limited to the following: a. Building and utility permits, b. Changes of zone, C. Variances from applicable zoning requirements, d. Conditional use permits, e. Planned Development District permits, f. Tentative and final Tract and Parcel Maps, ' g. Changes or amendments to the General Plan, h. Enforcement of zoning and building codes, i. Compliance with State and Federal environmental regulations, and j. Related matters to the above. 2. As further consideration the City of Palm Springs may collect all fees heretofore collected or as the same may be amended and reason- ably related to the cost of administering paragraph 1 above. 3. The Tribal Council and the City shall consult with each other regarding all planning and zoning matters affecting Indian trust lands. 2. 4. Any party aggrieved by an action of said City Council in planning and zoning matters as outlined in paragraph 1.a.through l.j. above, affecting Indian trust lands may appeal to the Tribal Council for relief. Said Tribal Council in accordance with procedures to be established, after notice and opportunity for hearing and on the basis of the entire record, may affirm, reverse or modify any decision of said City Council on a matter affecting Indian trust lands and the decision of the Tribal Council shall be final. In no event shall the Tribal Council act finally on an appeal before meeting jointly with the City Council to review said appeal. 5. This agreement is intended to serve pending the develop- ment of future procedures, rules or regulations by agreement of the parties respecting regulation of land use on Indian trust lands geographi- cally located within the City. Joint discussions regarding these matters shall begin not more than 120 days after approval of this agreement. However, either party may terminate this agreement, without prejudice to any legal position thereafter asserted except as hereafter provided, upon thirty (30) days written notice to the other party. In the event of termination of this agreement, any project existing or in process pursuant to previously granted approval by the City shall continue to be bound by the terms and conditions of such approval. 6. This agreement shall be approved by resolutions of the Tribal Council and the City Council. IN WITNESS WHEREOF, the parties hereto have executed this agreement by their respective authorized officers the day and year first above written. 3. RESOLUTION NO. 12298 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AND AUTHO- RIZING EXECUTION BY THE MAYOR OF AN AGREE- MENT WITH THE TRIBAL COUNCIL OF THE AGUA CALIENTE BAND OF CAHUILLA INDIANS RELATING TO INTERIM PROCESSING OF TRUST LAND DEVE- LOPMENT PERMITS; AND RESCINDING RESOLUTION NO. 12249. WHEREAS Resolution No. 12249, for the reasons recited therein, directed suspension of City processing of new applications for developments on Indian trust lands; and WHEREAS the City Council and the Tribal Council of the local Indian band have arrived at agreement as to an interim arrange- ment whereby processing of such applications will be resumed by the City; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs that Agreement No. 1324 between the Tribal Council of the Agua Caliente Band of Cahuilla Indians and the City Council of the City of Palm Springs, California, concerning the City's processing of applications related to proposed deve- lopments on Indian trust lands in the City, is hereby approved and the Mayor is authorized and directed to execute the same for and on behalf of this City Council. BE IT FURTHER RESOLVED that Resolution No. 12249 is hereby re- scinded effective as of the date that said Agreement No. 1324 takes effect, provided that new applications for development may be accepted and processed, but not finally acted upon, until such time as the applicable laws, rules and regulations have been placed in effect by the Tribal Council pursuant to me terms of the Agreement. ADOPTED THIS 25th day of July , 1977. AYES: Councilmembers Beadling, Doyle, Field, Foster and Mayor Beirich NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By s/J. Sumich s/Donald A. Blubaugh Deputy City Clerk City Manager REVIEWED & APPROVED �f0 Agua Caliente Band of Cahuilla Indians -Supplement ' No. 3-Land Use Contract AGREEMENT #1324 R18538, 1-4-95 SUPPLEMENT NO. 3 TO LAND USE CONTRACT BETWEEN THE CITY OF PALM SPRINGS AND THE AGUA CALIENTE BAND OF CAHUILLA INDIANS On July 26, 1977, the Agua Caliente Band of Cahuilla Indians, a federally -recognized Indian tribe (the "Tribe"), and the City of Palm Springs, a municipal corporation under the laws of the State of California (the "City"), entered into a land use contract (the "Land Use Contract") concerning the manner in which the City would act as the Tribe's agent for the enforcement of Tribal land use measures on all of the trust lands of the Agua Caliente Indian Reservation located within the city limits of the City. Since then, the Tribe and the City have executed Supplements Nos. 1 and 2 to that Land Use Contract. The Assistant Secretary of the Interior for Indian Affairs duly approved this Land Use Contract with its two supplements on May 18, 1987. The Tribe and the City now modify that Land Use Contract in the following way. Effective upon the execution of this Supplement No. 3 by the authorized representatives of both the Tribe and the City, the original Land Use Contract is hereby amended by the addition of the following new language to be inserted immediately following "to Indian trust lands geographically located within the City' on lines 2 and 3 of paragraph 11.1, of p. 2 of the Land Use Contract: except for those parcels of land whose legal description is found on Exhibits A, B, and C hereto In all other respects, the said Land Use Contract remains in full force and effect. Dated: December 2Z _ . 1994 AGUA CALIENTE BAND OF CAHUILLA INDIANS ("Tribe") by: Richard M. Milanovich, Chairman Dated: De tuber �' , 1994 CI OF PALM SPRINGS ("City") by: Llo d Maryanov, Nfayor ATTEST: C7_� Judith umich, City Clerk APPROVED BY THE CITY COUNCIL EXHIBIT A LEGAL DESCRIPTION Lots 3a, 4a, 13, 14, 67, 68, 69, and 70 of Section 14, T. 4 S., R. 4 E., S.B. B.M. c 1� m m C. IM n O D v C m m m c Z i X m O z to W i ♦♦ k k k--b �m 'Y It i Z II � LM © I � yzro I °wo 4 II I t� f� ---1 I II L=. �c. I ®fir-�w�• cn wn -q m OCl) z / z CANYON DRIVE 1 1 I I I I I I I t I � I 1 I t� al 91, i I1 . I -o` I I I tU to @ � .4 ------. I a 0 O v I G 0' m 0 r cn ca C. i mq 0 r D v m m m c Z -I x n 0 Z MOL �D X C] 2 am Y $� EYs •fie g $ INDIAN '� •' " CANYON ao iv •r +►' •'a 1 v� g I I G. CALLE ENO/LLA �. r:w I s i s•s � d I I 41 I "1 � I � �� I � I► k I I; � 1 I I I I f Ia I I J 1 -- --- - - -- I •I �`5 � g• iC I -----; i--------- CALLE- •d N 0 Z City of Palm Springs City Attorney 619-323-8211 February 13, 1987 Mr. Art Bunce Attorney at Law 333 S. Juniper Street, Suite 105 Escondido, California 92025 Dear Art: Enclosed are two certified copies of Resolution 16110, approving Supplement No. 2 to the City Council/Tribal Council Land Use Agreement. Please forward the final draft of the supplement at your convenience. Yours very truly, WI FLIAM�ADAM City Attorney WJA:lb cc: City Clerk ACf �1' CALICNTC BAND OF e ARUILLA INDIOS 9b0 E Lu•Qum GnYCH WAY • SURE 106 • Dan SOMCS. CA 92262 • o19) 3 c5.5673 • FM (619) 395-0593 393 'Honorable Lloyd Maryanov Mayor, City of Palm Springs Post Office Box 2743 Palm Springs, CA 92263 RE: SPA HOTEL RENOVATION - UNALLOTTED TRIBAL TRUST LAND Dear Mayor Maryanov and City Council: The Tribal Council, at its meeting of July 13th, 1993, has determined to relieve the City of any responsibility for building construction, renovation plan review and inspection regarding the Spa Hotel. Therefore, we will not be submitting any plans, requests for building permits or related matters. This action is taken in the exercise of Tribal sovereignty with respect to unallotted tribal properties such as the Spa Hotel. Please be assured that the Tribal Council will take every step to assure compliance with the Uniform Building Code and other applicable uniform codes. We will utilize personnel, plan checkers and inspectors certified by the International Conference of Building Officials and licensed by the State of California in structural and civil engineering and other appropriate disciplines. Our goal is to achieve quality construction equal to or greater than that required by the City. A resolution will be enacted and provided to you by the Tribal Council covering all such tribal projects on unallotted tribal trust land. Copies of completed reports and certifications will be provided to you as a courtesy. Please contact me if you require any additional information. Sincerely yours, 1 . Richard M. Milanovich Chairman, Tribal Council AGUA CALIENTE BAND OF CAHUILLA INDIANS RMM:le cc: A. Bunce T. Davis D. Evans F. Razzar JAN-31-92 FRI 9:54 AGU,' "'ALIENTE TRIBAL OFC FAX 140. 619`050593 IS__1k P. 02 SUPPLEMENT NO. 2 to Contract Regarding Land Use between The Agua Caliente Band of Cahuilla Indians and The City of Palm Springs, California This supplement is made this 1/7'—�Z day of , 1987 by and between the Agua Caliente Band of Cahuilla Indians, a federally -recognized Indian tribe acting through its duly -constituted Tribal Council (hereinafter, the "Tribe"), and the City of Palm Springs, California, a municipal corporation (hereinafter, the "City") as specified below. Background On July 26, 1977 the 'tribe and the City executed a contract by which (1) the Tribe agreed to adopt all of the City's land use regulations as its own and apply them r-o the trust lands of the Aqua Caliente Indian Reservation located within the City, (2) the Tribe designated the City to be and to act as the Tribe's agent to enforce those land use regulations on the trust lands of the Aqua Caliente Indian Reservation, (3) the parties agreed to an appeal procedure, and (4) the City accepted these responsibilities. By a Supplemental Agreement No. 1 dated March 20, 1978, the parties amended the contract of July 26, 1977. At both times neither party believed that either this Contract of July 26, 1977 or its Supplement No. 1 of March 20, 1978 required the approval of the Secretary of the Interior under 25 U.S.C. §81, as the Department of the Interior had so informed the parties. For this reason, no such approval was obtained at -1- JAN-31-92 FRI 9:54 AGUA "ALIENTE TRIBAL OFC FAX NO. 619?0�0593 ?.03 the time for either the Contract of July 26, 1977 or its SUppleillent No. 1 of March 20, 1978, and some of the recitals required by 25 U.S.C. §81 were omitted from bath said documents. Purpose Secause the federal courts and the Department of the Interior now both believe that the scope of the approval requirement of 25 U.S.C. §81 is much broader than the parties and the Department CA. the Interior believed in 1977 and 1978, the Tribe and the City have formally requested the approval of the above Contract of July 26, 1977 and its Supplement No. 1 of March 20, 1978 under 25 U.S. §81 on December 10, 1986. In order to enable the Secretary of the Interior to give such approval, the parties now wish to amend the said Contract of July 26, 1977, as modified by the said Supplement No. 1 of March 20, 1978, by adding to it the following recitals required by 25 U.S.C. §81: Recitals 1. Parties in Interest: a. Agua Caliente Band of Cahuilla Indians, a federally - recognized Indian tribe and local government of the Agua Caliente Indian Reservation performing the normal functions of such Indian tribes, with offices at 960 East Tahquitz way, Suite 106, Palm Springs, California 92262. b. City of Palm Springs, California, a municipal corporation and the local government of all land within its city limits, except as otherwise provided by law, performing all of the normal functions of such cities, with offices at 3200 East -2- JAN-31-92 FRI 9:55 AGUA "LIENTE TRIBAL OFO FAX NO. 6193'11;0593 M Tahquitz-McCallum Way, Palm Springs, California. C. Scope of Tribal Councils authority to execute Contract of July 26, 1977 and Supplement No. 1 of March 20, 1978: Constitution and By -Laws of the Agua Caliente Band of Cahuilla Indians (adopted on July 28, 1955, as amended, and approved by Commissioner of Indian Affairs on April 18, 1957), Article V ("Powers of the Tribal Council"), including fia ("To administer the affairs and manage the business of the Band; to regulate the uses and disposition of tribal property; to protect and preserve the Tribal property. . . to protect the security and general welfare of the Band and its members"); lb ("to enact ordinances and resolutions pertaining to tribal affairs and to take all proper means to enforce the same"); Sri ("To promulgate and enforce assessments or permit fees upon non-members doing business and obtaining special privileges on the Agua Caliente Reservation. ."); and S[1 ("To negotiate with. . local governments on behalf of the Band"). The Department of the Interior has recognized the Tribal Council's authority to execute this Contract. See the letter of November 12, 1977 from Undersecretary James A. Joseph to Mayor of City of Palm Springs, a copy of which is found as Exhibit 0 to the legal memorandum to Assistant Socretary Swimmer from the Tribal Attorney, dated September 26, 1986, in which the Undersecretary states "We recognize the authority and jurisdiction of both governments, tribal and state, to enter into this agreement." d. Reason for Tribal Council to exercise its authority to execute Contract of July 26, 1977 and Supplement No. 1 of March 20, 1978: See 5's I.2-I.7 of Contract of July 26, 1977. -3- JAN-31-92 FRI 9:55 AGUA "gLIENTE TRIBAL OFC FAX NO, 619gO50593 P, 05 2. Place made: The Contract of July 26, 1977 and the Supplement No. 1 of March 20, 1978 were both executed at Palm Springs, California. 3. Term. The term of the Contract of July 26, 1977, as amended by Supplement No. 1 of March 20, 1978, will be until July 4, 2076 or until the expiration of the 30 days of written notice of termination specified in S5 of the said contract, whichever occurs first. 4. In all other respects, the said Contract of July 26, 1977, as amended by its Supplement No. 1 of March 20, 1978, remains in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Supplement No. 2 at Palm Springs, California on the day and year first above written. AGUA CALIENTE BAND OF CAHUILLA INDIANS (..Z K by Richard M. Milanovich, Chairman, Tribal council ATTEST; CI'PY OF PALM SPRINGS B City Clerk APPROVED BY THE CITY COUNCIL by a k M./Bog , Mayor By Res. 16110, 2-4-87 -4- JAN-31-92 FRI 9:56 AGUP PALIENTE TRIBAL OFC FAX NO, 619"'150593 P,06 APPROVAL Pursuant to section 2103 of the Revised Statutes of the United States (25 U.S.C. Section 81), the Contract between the Agua Caliente Band of Cahuilia Indians and the City of Palm Springs, California, consisting of (1) the Contract between the parties dated July 26, 1977, (2) Supplement No. 1 thereto dated March 20, 1978, and (3) Supplement No. 2 thereto dated February 4, 1987, is hereby approved for a period beginning on July 26, 1977 and ending on either: (1) July 4, 20760 or (2) the expiration of the 30-day written notice period provided for in 1i5 of the said contract of July 26, 1977, whichever occurs first. Dated: �Z14&9 Assistant Secretary -- Indian Affairs I LA IVC ! T o V D o` hr n o r �s C/� I q / �D b W C- 0 J1 1 O z $ v � c (n k m D � w m m i X m Z 00 Uri m X W m 1 caQL zn mn + m zz INDIAN O 'O a0 ' rA� l CANrO/V DRIVE 16' aa'r-- 7= I c tiai..ss•. Bo ti I {„� 1 CALLE ENCILLA �. aoQ 18 S:o7 t 3. df I iJ � J';, 1 1 I ICJ o. p IV 1 . I I I � I •� o {Y7 n � a I r• jrx re 40 at 40 I I 1 1 � I 1 1 I q P 1 it g' r - S� 1 Y_ te/cs I lBao 1 J 1D 14' -----� !o I`. - - L c G. fGljj EL SEGUNDO G. C CALLE ._..—.._--------------1 i --- i I r�•� � I (?,1 I i a EXHIBIT "Ell' PALM Oi S,o U N 1 e , City Attorney 619-323-8211 February 13, 1987 City of Palm Springs Mr. Art Bunce Attorney at Law 333 S. Juniper Street, Suite 105 Escondido, California 92025 Dear Art: Enclosed are two certified copies of Resolution 16110, approving Supplement No. 2 to the City Council/Tribal Council Land Use Agreement. Please forward the final draft of the supplement at your convenience. Yours very truly, WI FLIAM ADAMS City Attorney WJA:lb cc: City Clerk TRIBAL PLANNING, BUILDING g CNGIN�-CRING 3fr - December 19, 2002 Via Facsimile and U.S. Mail' Doug Evans, Director of Planning and Building City of Palm Springs P.O. Box 2743 Palm Springs, California 92262 Re: Lovekin Acquisition Dear Doug, I am pleased to advise you that the Agua Caliente Band of Cahuilla Indians has acquired 2,836 acres of land known as the Lovekin property located in the Palm Canyon and Palm Hills area. You are advised that approximately 1,471 acres of said purchase is within the corporate boundaries of the City of Palm Springs and is described as: Section 7, Section 19'and the west '/4 of Section 20, Township 5 South, Range 5 East, San Bernardino Base and Meridian, also known as APN's 686-120-002, 686-320-001 and 686- 320-002 Please contact me if you require any additional information. Ve ruly,yours, *Thoasavis, AICP Chief Planning Officer AGUA CALIENTE BAND OF CAHUILLA INDIANS TJD/cy Enclosure C: David Ready, City Manager, City of Palm Springs Tricia Sanders, City Clerk, City of Palm Springs PALETTERS-TJD\121902-Doug Evans Re Lovekin.doc 650 E. TAHQUITZ CANYON WAY • PALM SPRINGS. CA 92262 • (760) 325-3400 • i A& (760) 325-6952 TRIBAL PLANNING, BUILDING 0 ENGINEERING P�3oA4 June 20, 2002 Patricia Sanders, City Clerk C City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 Re: Tribal Property Acquisitions Dear Ms. Sanders, This is to advise the City of Palm Springs that the Agua Caliente Band of Cahuilla Indians has recently completed the purchase agreements on two allotted Trust parcels of land within the corporate boundaries of the City of Palm Springs. They are: 1. Allotment 35CB, 20.0 acres at the southeast corner of Section 34, T4S, R5E (Torro) 2. Allotment 54A, Lot 71, 2.25 acres in the northwest quarter of Section 14, T4S, R5E (Post Office) These parcels are now in Trust for the Tribe. This notice is for your records and in accordance with the latest supplement to the City/Tribal Land Use Agreement. Please contact me if you require any additional information. Vel (truly yours, Thomas J. Davis, AICP Chief Planning Officer AGUA CALIENTE BAND OF CAHUILLA INDIANS TJ D/cy C: Doug Evans, Director of Building & Planning, City of Palm Springs PALETTERS-TJM062002-PATRICIA SANDERS RE PROPERTY ACQUISITIONS.doc 650 C. TAHQUITZ CANYON WAY • PALM SPRINGS. CA 92262 • (760) 325-3400 • AA& (760) 325.6952 • G Resolution No. 65-02 TRIBAL COUNCIL CFMMAf1, RICHARD M. MIUY40MDCH VICE-UMIAN, DARBAIZA GONZALERYOK SECRETARY/fREMURER, MORANOI.PATENCIO WHEREAS, the Agua Caliente Band of Cahuilla Indians the MEMBER. JEANNErE MEMBER, CANDICE CHRERIE ��nClo "Tribe") is a federally recognized Indian Tribe governing itself according to a Constitution and By -Laws and exercising sovereign authority over the lands of the Agua Caliente Indian Reservation; and WHEREAS, the Tribe and the City of Palm Springs (City) on July 26, 1977, entered into Agreement No. 1324 (hereinafter the "Land Use Agreement"), adopted by City Council Resolution No. 12298 which, in general, provides procedures for the issuance of permits and development pertaining to any Trust lands; and WHEREAS, the Tribe in 1993, decided to establish an Indian Gaming Facility in association with Caesars World Resorts (Caesars) in Section 14, Township 4 South, Range 4 East, San Bernardino Base Meridian on Tribal Trust land of the Agua Caliente Indian Reservation, Palm Springs, California; and WHEREAS, an Environmental Assessment of the Agua Caliente Gaming Facility was prepared in 1994 (1994 Environmental Assessment); and WHEREAS, the City of Palm Springs City Council, on September 7, 1994, approved a General Plan Amendment, zoning text amendment, the 1994 Environmental Assessment and the Mitigated Negative Declaration for the Agua Caliente Gaming Facility of 119,000 square feet; and WHEREAS, the National Indian Gaming Commission, on September 16, 1994, issued a Finding of No Significant Impact in accordance with the National Environmental Policy Act for the Agua Caliente Gaming Facility; and WHEREAS, the Tribe and the City, on October 24, 1994, entered into a Disposition and Development Agreement which was amended in August of 1996, removing Caesars from the project, and which was amended again in January of 2002; and 600 E. TAHQUITZ CANYON WAY • PALM SPRINGS, CA 92262 • (760) 325-3400 • FA& (760) 395-0593 Page No: 2 Resolution No: 65-02 WHEREAS, the Tribe and the City, on December 15, 1998, entered into a Land Use Coordination Agreement which provides for City review and comment on projects outside the Land Use Agreement on Tribal property, but also acknowledges and agrees as to the Tribe's final approval and authority over the development on Tribal property; and WHEREAS, the City and the Tribe on February 3, 1999, amended the Land Use Agreement with Supplement No. 5, which exempted all Tribal property from the 1977 Land Use Agreement subject to the terms of the aforementioned Land Use Coordination Agreement; and WHEREAS, the Tribe prepared and issued a Project Report to the City on September 16, 2002, which was analyzed by the City staff and which was accepted on November 6, 2002, by the Palm Springs City Council; and WHEREAS, Caesars is no longer participating in the project, and revised plans for the current project have been described and reviewed in the Update to the 1994 Environmental Assessment and in the Project Report (the revised project, as so described, being hereafter referred to as the "Spa Resort Casino Project"), and the Update and the Project Report have been presented to the Tribal Council, and the Tribal Council has reviewed them in detail; and WHEREAS, the Tribe caused to be prepared an update of the 1994 Environmental Assessment which demonstrated no new or increased significant unmitigated adverse environmental impacts with respect to the Spa Resort Casino Project; and WHEREAS, the proposed Spa Resort Casino Project and related required actions are, in all material respects, consistent with and comply with the above approvals and agreements; and Page No: 3 Resolution No: 65-02 WHEREAS, the Tribal Council and the Palm Springs City Council, on December 5, 2002, met in a joint public meeting, completing the procedures of the 1998 Land Use Coordination Agreement for the Spa Resort Casino Project. NOW THEREFORE BE IT RESOLVED, that the Tribal Council of the Agua Caliente Band of Cahuilla Indians hereby: 1. Finds that the 1994 Environmental Assessment adequately covers the Spa Resort Casino Project; that the Spa Resort Casino Project does not create any additional significant environmental impacts and does not increase the severity of any significant environmental impacts described and analyzed in the 1994 Environmental Assessment; and that the Spa Resort Casino Project is consistent with all required actions, approvals, and agreements; and 2. Approves the Spa Resort Casino Project Report and authorizes the project to proceed forthwith. Dated: December 6, 2002 Richard M. Milanovich, Chairman Certification I, the undersigned, the Secretary of the Agua Caliente Band of Cahuilla Indians, hereby certify that the Tribal Council is composed of five members of whom 5, constituting a quorum, were present at a meeting whereof, duly called, and noticed, convened and held this 6ch day of December, 2002; that the foregoing resolution was duly adopted at such meeting by the affirmative vote of 4-0-0, members and that said resolution has not been rescinded or amended in any way. A2W'-Ca-� Moraino J. Patenci , Secretary -Treasurer e CAL/P,.- M HUNDRED EAST TAHQUITZ CANYON WAY PALM SPRINGS CALIFORNIA SUPPLEMENT NO.., TO LAND USE CONTRACT Agua caiienze oana oT uanuiiia Indians - Supple. #5 - Land Use Contract AGREEMENT #1324 R19449, 1-6-99 BETWEEN THE CITY OF PALM SPRINGS AND THE AGUA CALIENTE BAND OF CAHUILLA INDIANS On July 23, 1977, the Agua Caliente Band of Cahuilla Indians, a federally -recognized Indian tribe (the "Tribe") and the City of Palm Springs, California, a municipal corporation organized under the laws of the State of California (the "City"), entered into a land use contract (the "Land Use Contract") concerning the manner in which the City would act as the agent of the Tribe for the enforcement of Tribal land use measures on all of the trust lands of the Agua Caliente Indian Reservation located within the city limits of the City, as specified in that Land Use Contract. Since then, the Tribe and the City have entered into Supplements Nos. 1,2,3, and 4, and the Assistant Secretary of the Interior for Indian Affairs has approved that Land Use Contract. 99969 The subject of Supplement Nos. 3 and 4 to that Land Use Contract has been the removal of certain specified parcels of land from the scope of TELEPHONE the Land Use Contract, as the Tribe acquired those parcels and (760) 395-3400 wished to devote them to specific uses outside the scope of the Land Use Contract. Since then, it has become clear that many further such supplements will be needed, on a parcel -by -parcel basis, as the Tribe FAA acquires further parcels of land within the city limits of the City of Palm (760) 395-0593 Springs. In order to eliminate the necessity of numerous further supplements for this purpose, the Tribe and the City now wish to make a further amendment to the Land Use Contract that will automatically remove parcels of land from the scope of the Land Use Contract as the Tribe acquires title to them, without the necessity of separate supplements to the Land Use Contract for each such parcel. Therefore, effective upon the execution of this Supplement No. 5 by the authorized representatives of the Tribe and the City, the Land Use Contract, is now hereby further modified and amended in the following ways: 1. Immediately following the language "except for those parcels of land whose legal description is found on Exhibits A, B, C, D, and E, hereto", which language was added by Supplement No. 4 to the Land Use Contract, the following new language is hereby added to paragraph 11.1. of p.2:; And except for any other parcels of land which now are, or in the future will be, acquired by the Tribe within the city limits of the City. The land excluded from the Land Use Agreement by this Supplement 5 shall be subject to the terms of the Cooperation Agreement dated January 6, 1999 between the same parties. Pages No: 2 Supplement No. 5 to Land Use Contract 2. Immediately following items a.-j in paragraph 11.1, of p.2, the following new language is added: In order to inform the City that the Tribe has acquired a particular new parcel of land, so as to remove it from the scope of this Land Use Contract, the Tribe will transmit to the City Clerk of the City, within 10 days of such acquisition, a resolution identifying each such parcel and the date of the acquisition of each such parcel by the Tribe. In all other respects, the Land Use Contract, as previously supplemented and amended, remains in full force and effect. Dated: February 2, 1999 AGUA CALIENTE BAND OF CAHUILLA DIANS (The"Tribe") By: Richard M. Milanovich, Chairman Dated: , 1999 ATTEST: C Clerk Approved by the Tribal Council by Resolution No. 52-97 CITY OF PALM SPRINGS (THE "City") By: Will Kleindienst, Mayor Approved by the City Council by Resolution No. 19449, 1-6-99 SIA HUNDRED EAST TAHQUITZ CANYON WAY PALM SPRINGS CALIFORNIA M49Zva TELEPHONE (760) 395-3400 March 4, 1998 Honorable Will Kleindienst, Mayor and City Council Members CITY OF PALM SPRINGS P. O. Box 2743 Palm Springs, CA 92262 MAR - i 7+13a � RE: SUPPLEMENT NO.5 TO THE LAND USE CONTRACT Dear Mayor Kleindienst and City Council Members: The Tribal Council, on September 23, 1997, passed Tribal Resolution No. 52- 97 authorizing the Tribal Chairman to execute Supplement No. 5 on behalf of the Tribe. The resolution and signed agreement was submitted to the City Council thereafter and the City Council considered this matter at its meeting of October 1, 1997. The City Council failed to act on this Supplement, citing a number of issues and concerns related to fees and agreements with outside agencies. These issues and concerns were addressed at the joint Tribal Council and City Council meeting of November 25, 1997. In addition, a letter was submitted to the City Council on December 15, 1997, addressing these matters and recognizing that there should be no further delay in executing the supplement. FAA Five months have transpired since the submittal of the Supplement. All issues (760) 395-0593 and concerns of the City Council have been addressed. The Tribal Council wishes to inform the City Council that, from March 24, 1998, the date set for our next joint meeting, forward we will assume the Supplement is in effect. We will finalize and discuss this issue during out joint meeting on March 24, 1998. Respectfully yours, Richard M. Milanovich Chairman, Tribal Council AGUA CALIENTE BAND OF CAHUILLA INDIANS cc: Art Bunce, Tribal Attorney D. Magee, Acting Director, Bureau of Indian Affairs -Palm Springs TC-2119-03-98 RMM:jsw 9A HUNDRED EAST TAHQUITZ CANYON WAY December 15, 1997 Mayor William Kleindienst And City Council City of Palm Springs P. O. Box 2747 Palm Springs, CA 92263 Re: Land Use Agreement Supplement and the Application of Fees Honorable Mayor and Council: At our joint meeting of November 25, 1997, it was generally agreed that prior to PALM SPRINGS the City Council acting on Supplement No. 5 of the Land Use Agreement, the Tribal Council would examine the impact of exempting tribal land (unallotted) from the regulatory process of the City of Palm Springs. In addition, you have CALIFORNIA asked the Tribal Council to advise the City regarding the fees billed related to the development of the interim parking lot. 99969 The past several years and events have had a profound effect on the operation of the tribal government. Circumstances at the federal, state and local level have TELEPHONE resulted in the need for the Tribal Council to take greater command of tribal (760) 395-3400 economic development. In addition, recent experience has reaffirmed the Tribe's ability to be self-regulating and self-governing. Regardless of our own unique situation and present circumstances, the Tribe, without question, has the right and FAx authority to regulate development on Indian land. This holds true for the (760) 395-0593 application of fees. It continues to be this Tribal Council's position that development should occur which is coordinated with local agencies and responsible to local community needs. The federal government has preemptive power over state and local control of federal lands. States and their subdivisions (school districts, counties and cities) are exempt from payment of local development fees. Palm Springs LTnified School District is not required to pay local fees and does not submit to local building plan check and inspection. It is our understanding that the district does not pay drainage or TUMF fees. In addition, the County of Riverside, when building the county buildings in the City of Indio, did not process the project through the City of Indio, but rather used their own permitting procedures and staff to ensure the contractor was building to code. The Tribe has a status greater than states and their subdivisions and at the very least the Tribe expects to be treated as any other government. Therefore, we also feel that the Tribe is exempt from other Agency Fees. The Tribe understands the City's concern regarding impacts to the city services and the payment of "pass through" fees. Please be assured that the Tribe will coordinate tribal development projects with the city staff. In addition, the Tribe Mayor William Kleindienst December 15, 1997 Page 2 will contact the appropriate outside agencies. The Tribal Council has directed the Tribal Planning Director to meet with city staff and recommend to the Tribal Council a procedure to coordinate tribal development. Finally, the Tribal Council has reviewed the status of fees regarding the interim parking lots on Amado Road. Based on the above, the Tribal Council is clearly not subject to the construction and development fees originally assessed. The Tribal Council does, herewith, remit $14,104.36 as a good neighbor gesture. The Tribal Council presumes that the above provides the necessary information needed by the City Council to proceed with the approval of Supplement No. 5 of the Land Use Agreement at its earliest opportunity. Respectfully submitted, THE AGUA CALIENTE BAND OF C ILLA INDIANS Richard M. Milanovich, Chairman Barbara Gonzales-Lyo s ice Ch rma YLk Marcus J. Pete, cretary/Treasurer R� A - Candace Pate, Tribal Member RMM: jsw TC-1991-12-97 Vincent �(' u0ec, J ; Tribal Member Agua Caliente Band Indians - Supple. n Use Contract SUPPLEMENT NO. 4 AGREEMENT #1324 TO R18675, 8-2-95 LAND USE CONTRACT BETWEEN THE CITY OF PALM SPRINGS AND THE AGUA CALIENTE BAND OF CAHUILLA INDIANS ONC HUNDRCD TCN On July 26, 1977, the Agua Caliente Band of Cahuilla Indians, a federally -recognized Indian tribe (the `Tribe"), and the City of Palm NORTH INDIAN CANYON DR. Springs, a municipal corporation under the laws of the State of California (the "City"), entered into a land use contract (the Land Use Contract") concerning the manner in which the City would act PALM SPRINGS, as the Tribe's agent for the enforcement of Tribal land use measures on all of the trust lands of the Agua Caliente Indian Reservation located within the city limits of the City. Since then, CALIFORNIA the Tribe and the City have executed Supplements Nos. 1, 2 and 3 to that Land Use Contract. The Assistant Secretary of the Interior for Indian Affairs duly approved this Land Use Contract with its two 99962 supplements on May 18, 1987, and the Tribal Council duly approved the third supplement on Dec. 22, 1994. TELEPHONE The Tribe and the City now modify that Land Use Contract in the (619)325-5673 following way. Effective upon the execution of this Supplement No. 4 by the authorized representatives of both the Tribe and the City, the original Land Use Contract is hereby amended by the addition of the following new language to be inserted immediately FAX following "to Indian trust lands geographically located within the (619)325-0593 City' on lines 2 and 3 of paragraph 11.1 of p. 2 of the Land Use Contract: except for those parcels of land whose legal description is found on Exhibits A, B, C, D and E, hereto Said Exhibits A, B and C were previously approved on 12/11/94. In all other respects, the said Land Use Contract remains in full force and effect. Dated: July 27, 1995 AGUA CALIENTE BAND OF ILL DIANS'Tribe") by: r Richard M. Milanovich, Chairman Dated: July 27, 1995 APPROVED BY THE CITY COUNCIL BY R56. NO.—; J(, )La -d � I3�� CITY F PALM SPRINGS ("City') by: Llo d aryanov, Wayor ATTEST: (7-�-III— Ju4ith Sumich, City Clerk of Cahuilla #4 - Land EXHIBIT D -760)� LEGAL DESCRIPTION That portion of Block 2 of Section 14, Township 4 south, range 4 east, San Bernardino base and meridian, in the county of Riverside, State of California as shown by corrected plat accepted September 7, 1927, described as follows: Beginning at a point on the westerly line of said block, 233.00 feet southerly from the northwest corner thereof; thence southerly on the west line of said block, 70.00 feet; thence easterly and parallel with the northerly line of said block 264.00 feet to the easterly line thereof; Thence northerly on the easterly line of said block, 73.00 feet; thence westerly and parallel with the northerly line of said block 80.00 feet; thence southerly 3.00 feet; thence westerly and parallel with the northerly line of said block 104.00 feet to the point of beginning; said "Block 2" is referred to as "Block 2-B" on plat showing amended lottings of Bureau of Land Management, dated May 27, 1958, premises being identical. Excepting therefrom that portion lying within Indian Avenue. 9432 AGUA CALIENTE BAND BANK OF AMERICA MAIN BRANCH 0950 (760) OF CAMILLA INDIANS PALM SPRINGS 588 SOUTH PALM CANYON DRIVE 340 1867 600 EAST TAHQUITZ CANYON WAY (760) 325-5673 PALM SPRINGS, CA 92262 009432 PALM SPRINGS, CA 92262 16-66-1220 '*FOURTEEN 'THOUSAND ONE HUNDRED FOUR DOLLARS AND 36.'CENTS DATt AMOUNT 12/11/97 ****14,104.36* PAY i, :: "-; TO THE CITY OF PALM SPRINGS ORDER P.O. BOX 2747 OF PALM SPRINGS CA 92263 0 01-PALM150 1130094 3 211' 1: L 2 200066 11: 09 SOE -06 2961I■ A15 AGUA CALIENTE BAND OF CAHUILLA INDIAM TRIBAL PLANNING & DEVELOPMENT January 3, 2017 Ms. Kathie Hart City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Re: Notification of Tribal Property Acquisition Approx. 4.960 Acres (T46B) This letter is to notify the City of Palm Springs that the Agua Caliente Band of Cahuilla Indians (Tribe) has acquired the subject property located in Section 14 at the South West corner of Sunrise and Alejo. The closing date of this parcel was December 12, 2016. As a result, this parcel has been removed from the scope of the Land Use Contract between the Tribe and the City of Palm Springs. Attached is an exhibit outlining the property, as well as a copy of the recorded Grant Deed. If you should require any additional information, please do not hesitate to contact, Project Manager, Anthony Ramirez at 760-883-1330. Sincerely, J Todd Hooks Economic Development Director 5401 DINAH SHORE DRIVE, BALM SPRINGS, CA 92264 T 760/699/6800 F 760/699/6823 WWW.AGUACALIENTE-NSN.GOV AQUA CALIENTE INDIAN RESERVATION T4S14E, SECTION 14 ALLOTMENT 46B AND SURROUNDING Allotment of Interest Q Allotted and Not Leased Fee Q Allotted and Leased = Tribal N 0 75 150 225 300 rest Agua Caliente Band of Cahuilla Indlans 5401 Dinah Share Drive Palm Springs CA, 92264 Geospalial Information Services (760) 883-19111Fax (760) 883.1937 L.%GIS1kGIS1Projec[ Faes\ReallyGenemftmxd6T4SR4E14 46B 20140804 mxd C� 5-5446 (1956 Rev.) WHEN RECORDED MAIL TO: SPACE ABOVE THIS LINE FOR RECORDER'S USE Land being conveyed was allotted to Jean Yvonne Nelson aka: Elmina Millicent Welmas (PS-46B) UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS DEED TO RESTRICTED INDIAN LAND THIS INDENTURE, made and entered into this 0&3 RD day of November, 2016, by and between Jean Yvonne Nelson, aka: Elmina Millicent Welmas, a widowed woman, as her sole and separate property, a member of CJ1 the Agua Caliente Band of Cahuilla Indians, Palm Springs, in the State of California, party of the first part, and the co United States of America in trust for the Agua Caliente Band of Cabuilla Indians, a federally recognized Indian Tribe, party of the second part: -t2- WITNESSETH, that said party of the first part, for and in consideration of the sum of Two Million Two Hundred Thousand Dollars ($2,200,000.00), in hand paid, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell, and convey to and unto said party of the second part, the following described real estate and premises situated in Palm Springs, Riverside County, California on the Agua Caliente Indian Reservation, to wit: C.A: Lot 140, in Section 14, Township 4 South, Range 4 East, consisting of 4.960 acres, iV more or less under Allotment PS46B, San Bernardino Meridian, Riverside County, State of California. J More specifically described in Exhibit "A" attached hereto and made a part hereof, subject to all valid existing rights -of -way and easements of record. This conveyance is being made in accordance with the provisions of 25 U.S.C. § 465, as amended by the Act of January 12, 1983 [96 Stat. 2517, 25 U.S.C. § 2202]. together with all improvements thereon and appurtenances thereto belonging. And the said party of the first part, for herself and her heirs, executors, and administrators, does hereby covenant, promise, and agree to and with the said party of the second part, its successors, administrators and assigns, that they will forever warrant and defend the said premises against the claim of all persons, claiming or to claim by, through, or under them only. TO HAVE AND TO HOLD said described premises unto the said party of the second part, its successors, administrators and assigns, forever. IN WITNESS WHEREOF, the said party of the first part has hereunto set her hand and seals the day and year first hereinabove written. n Yvonne on aka: Ehnina Millicent Welmas Land description certified as to accuracy: Ac-nm6 Realty O icer UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS PALM SPRINGS AGENCY 3700A E. TACHEVAH DRIVE, SUITE 201 PALM SPRINGS, CA 92262 The within deed is hereby approved pursuant to the authority delegated by 209 DM 8,230 DM 1, and 3 IAM 4 and Sacramento Redelegation Order No. 1 (43 F.R. 30131 dated July 13,1978). kk-'� 1� J Superintendent, B an of Indian Affairs Palm Springs Agen DEC -9 2016 Date EXHIBIT "A" PS-46B Government Lot 140 (formerly known as Block 208): The east half of the northeast quarter of the northeast quarter of the northeast quarter of Section 14, Township 4 South, Range 4 East, San Bernardino Meridian, Riverside County, California, containing 4.960 acres, more or less. Subject to all valid existing right-of-ways and C. easements of record. CO -Ph. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On Ira' /0-1,Jur 9-0/(o before me, .4 - 11ff (insert name And title of the officer personally appeared 'J Caivi X lVe"'IGO h who proved to me on the basis bf satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. DEBRA A. MAYFIELD WITNESS my hand and official seal. Commission #t 2136232Nobly public • California Riverside County My Comm. Eakes Dec /0 2019 Signature 4' • (Seal) "o! G �- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL •. '.{!-\N. s\�!a�tl:�{ {.:�{�': \•.:�{.:\{.:�<:\{ :�v. n{��.'.\��2.:\��'�\{.:�{!'A� s\�!s\{.'{.:�{:"^.C{�:!:��.\{.'.�{.1{_s\C.A •.. .ld�{.. {/:\{!:\%:�C .'.�{!:�2/:�{C:�{_:�2�:�{!L\J. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California . __II County of k l V On lkctr lw before me, 6rY_QJI1 d e 66 , Date Here Insert Name and Title of Adi Officer personally appeared Name j0 of who proved to me on the basis of satisfactory evidence to be the personK whose namgw is/'4 subscribed to the within instrument and acknowledged to me that >41she/tt}w executed the same in frfs.(her/t it authorized capacity(K, and that byM/her/tKiir signaturev on the instrument the person K, or the entity upon behalf of which the person(s) acted, executed the instrument. BRENDA DIAi Commission 0 2059764 4z Notary Public - California Riverside County MY Comm. Expires Mar 2, 2018 r I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my heno c1hd offidial seal. Signature Signature of rotary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or _T"_G cument: Number of Pages: Document Date: Other Than Named Above: Capacity(ies) Claimed by Signer(s� Signer's Name: _ ❑ Corporate Officer — Title(s): • Partner — ❑ Limited l I General ❑ Individual Attorney in Fact ❑ Trustee Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: Corporate Officer — Title(s): P r — 'Limited General Individu Attorney in Fact Trustee Guardian or Conservator CI Other: Signer Is Representing: ©2014 National Notary Association - www.NationaiNotary.org - 1-800-US NOTARY (1-800-876-6827) NR;�#5907 9* Cal —G SUPPLEMENT NO. 5 TO LAND USE CONTRACT BETWEEN THE CITY OF PALM SPRINGS AND THE AGUA CALIENTE BAND OF CAHUILLA INDIANS 11A HUNDRED On July 23, 1977, the Agua Caliente Band of Cahuilla Indians, a federally -recognized Indian tribe (the "Tribe") and the City of Palm Springs, California, a municipal corporation orgpnized under the laws cr+n WQurt CAN" �` of the State of California (the "City"), entered into a land use contract (the "Land Use Contract") concerning the manner in which the City would act as the agent of the Tribe for the enforcement of Tribal land PALM SPRIf1GS use measures on all of the trust lands of the Agua Caliente Indian Reservation located within the city limits of the City, as specified in that CAuFCRNA Land Use Contract. Since then, the Tribe and the City have entered into Supplements Nos. 1,2,3, and 4, and the Assistant Secretary of the Interior for Indian Affairs has approved that Land Use Contract. 92462 The subject of Supplement Nos. 3 and 4 to that Land Use Contract has been the removal of certain specified parcels of land from the scope of tEle+Hons the Land Use Contract, as the Tribe acquired those parcels and (760) 345.3a00 wished to devote them to specific uses outside the scope of the Land Use Contract. Since then, it has become clear that many further such supplements will be needed, on a parcel -by -parcel basis, as the Tribe W acquires further parcels of land within the city limits of the City of Palm (760) 325-0593 Springs. - In order to eliminate the necessity of numerous further supplements for this purpose, the Tribe and the City now wish to make a further amendment to the Land Use Contract that will automatically remove parcels of land from the scope of the Land Use Contract as the Tribe acquires title to them, without the necessity of separate s pTements to the Land Use Contract for each such parcel. Therefore, effective upon the execution of this Supplement No. 5 by the authorized representatives of the Tribe and the City, the Land Use Contract, is now hereby further modified and amended in the following ways: Immediately following the language "except for those parcels of land whose legal description is found on Exhibits A, B, C, D, and E, hereto', which language was added by Supplement No. 4 to the Land `Use Contract, the following new language is hereby added to paragraph 11.1. of p.2:; And except for any other parcels of land which now are, or in the future will be, acquired by the Tribe within the city limits of the City. The land excluded From the Land Use Agreement by this Supplement 5 shall be subject to the terms of the Cooperation Agreement dated January 6, 1999 between the same parties. Supplement No. 5 to Land Use Contract 4 2. Immediately following items a.-] in paragraph 111, of p.2, the following new language is added: In order to inform the City that the Tribe has acquired a particular new parcel of land, so as to remove it from the scope of this Land Use Contract, the Tribe will transmit to the City Clerk of the City, within 10 days of such acquisition, a resolution identifying each such parcel and the date of the acquisition of each such parcel by the Tribe. In all other respects, the Land Use Contract, as previously supplemented and amended, remains in full force and effect. Dated: February 2, 1999 AGUA CALIENTE BAND OF CAHUiLLA DIANS (The"Tribe") r � By: Richard M. Milenovich, Chairman Approved by the Tribal Council by Resolution No. 52-97 Dated: -2/3 , 1999 CITY OF PALM SPRINGS (THE "City"} ATTEST: ci clerk By :Will Kleindienst, Mayor Approved by the City Council by Resolution No. 19449, 1-6-99 A L3 �t 1• •Ty t f t1% EXHIBIT A LEGAL DESCRIFT'l-O i Lots 3a, 4a,13, 14, 67, SS, 69, and 70 of Section 14, T. 4 S., R. 4 E., S.B.B.M. SUPPLEMENTAL AGREEMENT NO. 1 (To Agreement No. 1324 between the Tribal Council of the Agua Caliente Band of Cahuilla Indians and the Palm Springs City Council.) This supplemental agreement is made as of the day of 1976, by and between the Tribal Council of the Agua Caliente Band of Cahuilla Indians ("Tribal Council") and the City Council of the City of Palm Springs, California ("City"). Purpose The Tribal Council and the City previously entered into an agreement (No. 1324 in City's records) dated July 26, 1977, relating to the regulations con- cerning zoning, use and development of Indian trust lands, and the administration thereof by City; and it is now the mutual desire of the parties to prescribe more specific details in implementation of paragraph II.4. of said agreement pertaining to appeals by persons aggrieved by planning and zoning actions. Agreement Therefore, the parties hereto mutually agree that paragraph II.4. of said Agreement No. 1324 is implemented by the adoption of the procedures and specific details prescribed in the attached "Proposed Amendment, Palm Springs Zoning Ordinance" which procedures and details shall be deemed effective immediately, and shall be processed for inclusion in the Palm Springs Zoning Ordinance at such time in the future as the total "package" of future procedures, rules or regulations by agreement of the parties, is ready for processing for inclusion in the Palm Springs Zoning Ordinance, as contemplated by paragraph II.5. of said Agreement No. 1324. IN WITNESS WHEREOF, the parties hereto have executed this agreement by their respective authorized officers the day and year TRIBAL/ 0UNC-1 LA I C S written. IENTE B5AD By PROPOSED AMENDMENT PALM SPRINGS ZONING ORDINANCE NOTE: The following specific language is proposed as an amendment to the above Ordinance, based on the latest study and meetings of the Tribal Council, Agua Caliente Band of Cahuilla Indians and the Palm Springs City Council. SECTION 9411.00 - APPEALS, INDIAN TRUST LAND A. Pursuant to the contractual agreement between the Tribal Council, Agua Caliente Band of Cahuilla Indians (Tribal Council), and the City Council of the City of Palm Springs (City Council), executed July 26, 1977, and the provisions of Tribal Ordinance No. 4, enacted August 5, 1977, and not- withstanding any provision of the Palm Springs Zoning Ordinance to the contrary, said Tribal Council may, upon the appeal of an aggrieved party, either affirm, modify, or reverse any decision of said City Council in the following matters relating to the use, proposed use, or development of Indian trust land: 1. Building and Utility Permits. 2. Changes of Zone. 3. Variances from applicable zoning requirements. 4. Conditional Use Permits. 5. Planned Development District Permits. 6. Tentative and Final Tract and Parcel Maps. 7. Changes or amendments to the General Plan, or to the Zoning Ordinance of the City of Palm Springs. 8. Enforcement of Zoning and Building Codes. 9. Interpretation of State and Federal environmental regulations. 10. Related matters to the above. B. Notice of appeals to the Tribal Council must be filed within ten (10) days of the written decision of the City Council which is being appealed, and such filing stays all proceedings in the matter until the decision of the Tribal Council on the appeal. C. Notwithstanding any provision of the Palm Springs Zoning Ordinance to the contrary, any matter referred to in Section 9411.00A, above and relating to the use, proposed use, or development of Indian trust land, which has been disapproved by the Planning Commission of the City of Palm Springs, shall be forwarded to the City Council for decision within the time limit, as prescribed for those matters requiring a decision of said City Council. Unless an applicant signs a written waiver of his appeal rights when any matter referred to in Section 9411.00A above has been disapproved, the Secretary of the Planning Commission shall notify the applicant of such disapproval in writing. The notification shall further inform the applicant that (1) the matter has been forwarded to the City Council for decision, and (2) that applicant may contact the City Clerk within 15 days regarding the date applicant desires the matter to come before the City Council. For purposes of this paragraph, a matter shall be deemed disapproved if formally disapproved or conditions are imposed before the approval will be granted. D. In those matters referred to in Section 9411.00A, above, and relating to the use, proposed use, or development of Indian trust land, the applicant, land owner, or the Tribal Council at any time during the application or proposal processing period, may, if it is contended that there is or has been any unreasonable or undue delay in such processing, file complaint in writing to this effect with the City Clerk, and the City Council shall thereupon as promptly as practicable, hear the matter, make a decision, and take such action as is appropriate in the case. E. Notwithstanding the fact that the Tribal Council is not a "public agency" or a "quasi -public agency," the decision of the Tribal Council on an appeal from action of the City Council in any matter referred to above, shall be made at or subsequent to at least one public meeting with the City Council at which time the appellant may be heard and where testimony of the general public on the issue may be heard, provided that such comments supply new and pertinent information not previously included in the City record. Testimony of the general public shall be subject to reasonable restrictions which might be imposed by the Tribal Council to limit the length of the meeting and to avoid repetition of testimony. F. The decision of the Tribal Council shall be final on any appeal from a decision of the City Council. Thereafter, any permits necessary to the use of the land in accordance with the decision of the Tribal Council shall be issued by the City of Palm Springs. Agua Caliente Band of Cahuilla Indians - Interim processing of trust land dev permits CONTRACT AGREEMENT #1324 (Orig 7-26-77) Res #12298, 7-26-77 This agreement is made as of the 26th day of July 1977, by and between the Tribal Council of the Agua Caliente Band of Cahuilla Indians ("Tribal Council") and the City Council of the City of Palm Springs, California ("City"). I. Statement of Facts 1. The Tribal Council is the legally recognized organized governing body of the Tribe with the authority under its Constitution and By -Laws to enter into this agreement with the City. 2. The Under Secretary of the Interior, effective as of June 28, 1977, issued a Notice (42 F.R. 32851) rescinding the application of the land use regulatory laws of the City of Palm Springs and the State of California to those leased Indian trust lands geographically located within the City. 3. The Tribal Council has the power under its Constitution and By -Laws and in keeping with its powers of self-determination to adopt policies to achieve the highest and best use of Agua Caliente Indian lands, including but not limited to zoning and development thereof. 4. In view of the Under Secretary's Notice, the City, by City Council Resolution No. 12249 adopted on June 29, 1977, has suspended the processing of applications filed on and after June 29, 1977, dealing with Indian trust lands. 5. The suspension of applications in respect to the develop- ment of Indian trust land, if not promptly and properly eliminated threatens to impose an unreasonable hardship on the appropriate develop- ment of Indian trust land and to irreparably damage the economy of the entire community. 6. Both parties recognize the need for effective planning, zoning, and land use controls with respect to all lands under their respective jurisdiction. 1. 7. The parties desire to make a sincere effort to effectively resolve this problem without delays and in a mutually satisfactory manner. II. Agreement of the Parties In consideration of the mutual promises and undertakings herein- after agreed to, the Tribal Council and the City do hereby agree as follows: 1. Upon execution of this agreement, the Tribal Council shall by ordinance or resolution make applicable to Indian trust lands geo- graphically located within the City the laws, ordinances, codes, reso- lutions, rules, or other regulations of the State of California and of the City, limiting, zoning or otherwise governing, regulating or con- trolling the use or development of Indian trust lands within the geo- graphical limits of the City, and the City will resume the processing and, when all is found to be regular and in accordance with applicable laws and regulations, the issuance of all permits pertaining to said Indian trust lands in all ways necessary and proper for the development thereof, which shall include but not be limited to the following: a. Building and utility permits, b. Changes of zone, C. Variances from applicable zoning requirements, d. Conditional use permits, e. Planned Development District permits, f. Tentative and final Tract and Parcel Maps, ' g. Changes or amendments to the General Plan, h. Enforcement of zoning and building codes, i. Compliance with State and Federal environmental regulations, and j. Related matters to the above. 2. As further consideration the City of Palm Springs may collect all fees heretofore collected or as the same may be amended and reason- ably related to the cost of administering paragraph 1 above. 3. The Tribal Council and the City shall consult with each other regarding all planning and zoning matters affecting Indian trust lands. 2. 4. Any party aggrieved by an action of said City Council in planning and zoning matters as outlined in paragraph 1.a.through l.j. above, affecting Indian trust lands may appeal to the Tribal Council for relief. Said Tribal Council in accordance with procedures to be established, after notice and opportunity for hearing and on the basis of the entire record, may affirm, reverse or modify any decision of said City Council on a matter affecting Indian trust lands and the decision of the Tribal Council shall be final. In no event shall the Tribal Council act finally on an appeal before meeting jointly with the City Council to review said appeal. 5. This agreement is intended to serve pending the develop- ment of future procedures, rules or regulations by agreement of the parties respecting regulation of land use on Indian trust lands geographi- cally located within the City. Joint discussions regarding these matters shall begin not more than 120 days after approval of this agreement. However, either party may terminate this agreement, without prejudice to any legal position thereafter asserted except as hereafter provided, upon thirty (30) days written notice to the other party. In the event of termination of this agreement, any project existing or in process pursuant to previously granted approval by the City shall continue to be bound by the terms and conditions of such approval. 6. This agreement shall be approved by resolutions of the Tribal Council and the City Council. IN WITNESS WHEREOF, the parties hereto have executed this agreement by their respective authorized officers the day and year first above written. 3. RESOLUTION NO. 12298 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AND AUTHO- RIZING EXECUTION BY THE MAYOR OF AN AGREE- MENT WITH THE TRIBAL COUNCIL OF THE AGUA CALIENTE BAND OF CAHUILLA INDIANS RELATING TO INTERIM PROCESSING OF TRUST LAND DEVE- LOPMENT PERMITS; AND RESCINDING RESOLUTION NO. 12249. WHEREAS Resolution No. 12249, for the reasons recited therein, directed suspension of City processing of new applications for developments on Indian trust lands; and WHEREAS the City Council and the Tribal Council of the local Indian band have arrived at agreement as to an interim arrange- ment whereby processing of such applications will be resumed by the City; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs that Agreement No. 1324 between the Tribal Council of the Agua Caliente Band of Cahuilla Indians and the City Council of the City of Palm Springs, California, concerning the City's processing of applications related to proposed deve- lopments on Indian trust lands in the City, is hereby approved and the Mayor is authorized and directed to execute the same for and on behalf of this City Council. BE IT FURTHER RESOLVED that Resolution No. 12249 is hereby re- scinded effective as of the date that said Agreement No. 1324 takes effect, provided that new applications for development may be accepted and processed, but not finally acted upon, until such time as the applicable laws, rules and regulations have been placed in effect by the Tribal Council pursuant to me terms of the Agreement. ADOPTED THIS 25th day of July , 1977. AYES: Councilmembers Beadling, Doyle, Field, Foster and Mayor Beirich NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By s/J. Sumich s/Donald A. Blubaugh Deputy City Clerk City Manager REVIEWED & APPROVED �f0 AOF?ALM Sp iZ � c u �n k tiC 9� �q�OpATfO � cq�/FORN` DATE: SUBJECT: FROM: BY: SUMMARY CITY COUNCIL STAFF REPORT SEPTEMBER 20, 2018 NEW BUSINESS APPROVAL OF CITY OF PALM SPRINGS / AGUA CALIENTE BAND OF CAHUILLA INDIANS, LAND USE CONTRACT, AMENDED AND RESTATED David H. Ready, City Manager Edward Z. Kotkin, City Attorney Having completed cooperative negotiations with the Agua Caliente Band of Cahuilla Indians (the "Tribe"), staff presents an amended and restated land use agreement to the Council for review and approval. RECOMMENDATION: Approve the "City of Palm Springs / Agua Caliente Band of Cahuilla Indians, Land Use Contract, Amended and Restated," and authorize the Mayor to execute the contract. BACKGROUND: The Tribe is a sovereign nation governed by its own laws, and has land use regulatory authority over lands within its territory, their Reservation. Reservation Lands are either "Tribal Trust Lands" (land held in trust by the United States for the benefit of the Tribe), "Allotted Trust Lands" (land held in trust by the United States for the benefit of a member of the Tribe), and "On -Reservation Fee Lands" (land owned in fee by members or non-members for the Tribe that is within the boundaries of the Reservation). The Tribe has full authority to regulate land use on Tribal Trust Lands and Allotted Trust Lands, but the Tribe's authority to regulate land use on On -Reservation Fee Lands is limited to situations where the owner has consented to such regulation or the owner undertakes activities that affect the political integrity, the economic security, or the health or welfare of the Tribe. Development of Allotted Trust Lands within the City is controlled by a Tribal land use ordinance, separate from the Tribe's land use contract with the City. DISCUSSION: In 1977, the Agua Caliente Band of Cahuilla Indians and the City of Palm Springs ("City") entered the original land use contract. The purpose of the contract was to establish a framework to govern the use and development of all Indian trust lands (both Allotted and Tribal) IT M NO. S.A. City Council Staff Report September 20, 2018 -- Page 2 AMENDED AND RESTATED LAND USE CONTRACT BETWEEN CITY AND AGUA CALIENTE TRIBE on the Reservation, but located within the City limits through the Tribe's formal adoption of the City's land use regulations by Tribal ordinance or resolution. Through additional supplements, the contract was amended through the years to exclude Tribal Trust Lands. Under the contract and its five (5) supplements to date, the City has been and remains the Tribe's agent to enforce land use regulations on allotted trust lands. The Tribe and City agreed that the Tribal Council may, upon appeal from an otherwise final City decision, affirm, modify, or reverse a City decision relating to land use (e.g., entitlements, enforcement action, permits, interpretations, and related matters). The Bureau of Indian Affairs approved the land use contract in 1987, retroactively. The new land use contract updates and replaces the 1977 contract and its supplements. The Tribe and City have consolidated/streamlined the document. The principle "new" features of the contract as now presented are: • the "carve -out" of initiatives and referenda so that the approval of a land -use ballot measure triggers a meet and confer process; • an update to the contract with respect to historic preservation consistent with current practice; • specific identification of the development fees that have been and remain payable by the Tribe, including enhanced communication regarding those fees; • explicit statement of the law as it provides for City authority regarding land -use in On - Reservation Fee Lands, and potential concurrent Tribal jurisdiction; • a provision asserting the Tribe's sovereignty and regulatory authority regarding outdoor advertising (billboards) on Allotted Trust Land and Tribal Trust Land; and • identification of joint interests regarding challenges. The proposed Amended and Restated Land Use Contract would supersede the 1977 Contract and its supplements. Apart from the "new" features referenced above, the terms of the new contract are by and large consistent with the status quo under the present contract. As with the prior agreements, the Tribe will retain the sole land use authority over Tribal Trust Lands. Through the Contract, the Tribe agrees to make Allotted Trust Lands in the City subject to the City's land use regulations and administrative processes with certain exceptions, most notably outdoor advertising regulations and historic preservation regulations. Developments on Allotted Trust Land are subject to the City's development impact fees and dedication requirements. The Tribe retains the right to decline to have development impact fees apply to Allotted Trust Lands if the Tribe determines that they are unconstitutional under the federal or State constitutions. This power is also in the 1984 and 1997 Agreements and to staffs knowledge the Tribe has never exercised this right. Developments on Allotted Trust Lands are subject to appeal to the Tribal Council after appeals through the City have been exhausted. The Contract requires the Tribal Council to meet with the City to review the appeal before making a final decision on the appeal, unless the City agrees to waive the right to meet. This appeal provision is consistent with existing provision. To staffs knowledge there has never been an appeal to the Tribal Council related to a development project on Allotted Trust Land in the City under the existing agreements. 4826-2195-1602, v. 1 City Council Staff Report September 20, 2018 -- Page 3 AMENDED AND RESTATED LAND USE CONTRACT BETWEEN CITY AND AGUA CALIENTE TRIBE FISCAL IMPACT: None. Edward Z. Kotkin, City Attorney David H. Ready, Esq., ., City Manager Attachments: Marcus L. Fuller, MPA, P.E., P.L.S., Assistant City Manager Proposed Land Use Contract, Amended and Restated CITY OF PALM SPRINGS / AGUA CALIENTE BAND OF CAHUILLA INDIANS LAND USE CONTRACT Amended and Restated This Land Use Contract ("Contract") is made, entered into and effective this day of September, 2018, by and between the Agua Caliente Band of Cahuilla Indians, a federally recognized Indian tribe acting through its duly constituted Tribal Council (the "Tribe") and the City of Palm Springs, a California charter city and municipal corporation (the "City"). RFrITAI C. A. The Tribal Council of the Agua Caliente Band of Cahuilla Indians (the "Tribal Council") is entering into this Contract and now acts pursuant to the inherent sovereign authority of the Tribe, and Article V, paragraphs a, b, i, I, and r, of the Constitution and Bylaws of the Agua Caliente Band of Cahuilla Indians (the "Constitution"). B. For purposes of this Contract, "real property" shall mean the land, that which is affixed to the land, that which is incidental or appurtenant to the land, and that which is immovable by applicable law. The Tribe is a federally recognized Indian tribe with the sole authority to regulate land use within the exterior boundaries of the Agua Caliente Indian Reservation ("Reservation") on: 1. Real property owned by any member of the Tribe that is held in trust by the United States or is subject to a restriction against alienation imposed by the United States; or real property owned by a member of any other federally recognized Indian tribe that is held in trust by the United States or is subject to a restriction against alienation imposed by the United States (collectively, "Allotted Trust Lands"); and 2. Real property owned by the Tribe that is held in trust by the United States or is subject to a restriction against alienation imposed by the United States ("Tribal Trust Lands"); and 3. Real property not held in trust by the United States owned by members, or by non-members who have entered into consensual relationships with the Tribe or who undertake activities that affect the political integrity, the economic security, or the health or welfare of the Tribe ("On -Reservation Fee Lands"). C. The City is a charter city and municipal corporation formed pursuant to California law, which serves as an instrument of self-government for the residents within its geographical boundaries ("City Limits"), and is authorized pursuant to the California Constitution to make and enforce within City Limits all local, policy, sanitary, and other 1 ordinances and regulations not in conflict with the City's charter and applicable general laws. D. The Tribe, as a sovereign tribal government, has the authority to establish and impose its own land use controls (e.g., general plan, zoning, environmental review, building standards, and permits) within its jurisdiction, including on the Allotted Trust Lands of the Reservation. The Tribe, however, has chosen to coordinate its land use actions with those of the City and surrounding communities as a means of promoting the highest and best use of those Allotted Trust Lands and adjacent off -Reservation lands within City Limits and throughout the region. E. The City desires to provide a high level of planning, public safety, and other municipal services to all residents and businesses within City Limits. The City believes that Allotted Trust Lands within City Limits should equally benefit from consistent planning, public safety, and other municipal services. F. On July 26, 1977, the Tribe and the City entered into that certain Agreement (the "1977 Land Use Agreement") whereby: 1. The Tribe agreed to adopt all of the City's land use regulations as its own and apply them to the trust lands of the Reservation located within the City, and 2. The Tribe agreed to designate the City to be and to act as the Tribe's agent to enforce those land use regulations on the trust lands of the Reservation, and 3. The parties agreed to an appeal procedure, and 4. The City accepted these responsibilities. G. On August 5, 1977, in accordance with the 1977 Land Use Agreement, the Tribe enacted Tribal Ordinance No. 4 entitled "Ordinance Adopting the Application of the Planning and Zoning Regulations of the State of California and the City of Palm Springs to Indian Trust Land within Said City." Ordinance No. 4 adopts and applies, as the Tribe's own laws, all of the laws, ordinances, codes, resolutions, rules, and other regulations of the State and of the City which control the use and/or development of all of the Allotted Trust Lands within City Limits. H. On March 20, 1978, the Tribe and the City entered into that "Supplemental Agreement No. 1" to the 1977 Land Use Agreement in order to prescribe details regarding appeals by persons aggrieved by planning and zoning actions. 2 On February 4, 1987, the Tribe and the City entered into that "Supplement No. 2" to the 1977 Land Use Agreement to amend the 1977 Land Use Agreement to address recitals required by 25 U.S.C. §81. J. The Tribe and the City received retroactive approval of the 1977 Land Use Agreement and Supplemental Agreement No. 1 thereto on May 18, 1987, from the Assistant Secretary of Indian Affairs. K. On January 5, 1995, the Tribe and the City entered into that "Supplement No. 3" to the 1977 Land Use Agreement to exempt certain parcels of land from the 1977 Land Use Agreement. L. On July 27, 1995, the Tribe and the City entered into that "Supplement No. 4" to the 1977 Land Use Agreement to exempt certain parcels of land from the 1977 Land Use Agreement. M. On February 3, 1999, the Tribe and the City entered into that "Supplement No. 5" to the 1977 Land Use Agreement to automatically remove parcels of land from the scope of the 1977 Land Use Agreement as the Tribe acquires title to them. N. This Contract supersedes all prior agreements regarding land use between the Tribe and the City, including the 1977 Land Use Agreement and all supplements and amendments thereto, in their entirety. O. As provided herein, the Tribe and the City continue to desire to have uniform and unified land planning and land use administration for Allotted Trust Lands located within City Limits. NOW, THEREFORE, in consideration of the mutual conditions and promises contained herein, and based on the recitals set forth above and the acknowledgments set forth below, the parties recognize that it is in their mutual best interest and benefit to agree as follows. TERMS OF AGREEMENT 1. Term. The term of this Contract shall commence on the date of its execution by both the Tribe and the City until terminated as provided herein or superseded. 2. Effective Date. This Agreement shall be effective on the date first written above. 3. Tribal Land Use Control Ordinance. Tribal Ordinance No. 51, "Local Government Land Use Ordinance" remains in effect as amended, renumbered, or re -designated from time to time. 3 4. Scope. This Contract shall only apply to Allotted Trust Lands within City Limits, except as provided herein, and shall not apply to Tribal Trust Lands. The Tribe reserves its inherent sovereign authority to regulate land use on Allotted Trust and Tribal Trust Lands. Nothing contained herein shall be construed or interpreted as a waiver of the Tribe's inherent sovereign authority to regulate land uses on said lands. 5. On -Reservation Fee Lands. Nothing set forth herein shall be construed or interpreted to waive or impair the City's authority to adopt and enforce land use regulations applicable to On -Reservation Fee Lands; provided, however, the Tribe may assert concurrent jurisdiction to adopt and enforce land use regulations applicable to On - Reservation Fee Lands when as may be authorized under the holding of Montana v. United States (1981), 450 U.S. 5441, and all applicable federal law or agreement of the parties. 6. Content of the Tribal Land Use Control. For Allotted Trust Lands within City Limits, as City Limits exist now or may exist in the future, the applicable comprehensive set of land use controls shall consist of all land use related ordinances, resolutions, and similar enactments of the City and the related statutes required to be administered by the City as noted below. The aforementioned comprehensive set of land use controls shall, unless limited herein, include: (a) General plans and specific plans; (b) Zoning laws and regulations; (c) Laws and regulations that authorize an owner of real property to deviate from development standards otherwise applicable to the property (i.e., variances); (d) Laws and regulations that authorize particular uses of real property subject to conditions not generally applicable to real property similarly zoned (i.e., conditional use and other similar permits); (e) Subdivision laws and regulations; 1 "A tribe may regulate, through taxation, licensing, or other means, the activities of nonmembers who enter consensual relationships with the tribe or its members, through commercial dealing, contracts, leases, or other arrangements. A tribe may also retain inherent power to exercise civil authority over the conduct of non -Indians on fee lands within its reservation when that conduct threatens or has some direct effect on the political integrity, the economic security, or the health or welfare of the tribe." (Montana v. United States (1981), 450 U.S. 544, 565- 566) (internal citations omitted). 4 (f) Building, grading, and other laws and regulations related to the construction and occupancy of buildings; (g) Design review laws and regulations; (h) Environmental laws and regulations — except as pre-empted by the National Environmental Policy Act (NEPA); (i) Outdoor advertising displays, excepting Tribal Trust Lands and Allotted Trust Lands; (j) Code enforcement or code compliance; and (k) Matters directly related to the above, except as noted in Paragraph 8 below. The Tribe and the City each reserve the right to seek an amendment to this Contract altering any of the above at any time. 7. Designation of City as Tribe's Agent. The Tribe designates and engages the City to be and to act as the Tribe's agent in the enforcement and administration of the measures described in Paragraph 6 above with respect to Allotted Trust Lands within City Limits, with full authority to act as the Tribe's agent, except as noted in Paragraph 8 below'. The purpose of such agency is to ensure that the City will apply and enforce the same development standards and procedures, except as noted herein, within City Limits, whether original jurisdiction lies with the Tribe or the City. 8. Limitations. (a) Tribal Trust Lands. This Contract shall not apply to Tribal Trust Lands. (b) Tribal and Federal Law. This Contract is not intended, and shall not be construed, to permit any violation of Tribal or federal law applicable to Allotted Trust Lands, Tribal Trust Lands, and On -Reservation Fee Lands within City Limits (e.g., Tribal Ordinance No. 13, Tribal Ordinance No. 50, and the Federal Controlled Substances Act, 21 U.S.C. §§ 801 et seq.). (c) Outdoor Advertising (Billboards). This Contract is not intended, and shall not be construed, to exempt any person with a beneficial interest in Allotted Trust Land or any person occupying or in possession of Allotted Trust Land from the requirements of Tribal Ordinance No. 13, "Outdoor Advertising Displays," as ' The parties understand and agree that the scope and nature of the City's land use authority over and with respect to On -Reservation Fee Lands is addressed above in Paragraph 5 above, subject only to the Tribe's potential assertion of concurrent jurisdiction as stated therein. 9 amended, renumbered, or re -designated from time to time. By its execution of this Contract, the Tribe does not designate the City as the Tribe's enforcement agent for Tribal Ordinance No. 13. The Tribe will enforce the Ordinance itself. The Tribe agrees to notify the City of any permits issued by the Tribe for new outdoor advertising displays within City Limits. (d) Historic Preservation. This Contract is not intended, and shall not be construed, to: (i) delegate the functions of the State Historic Preservation Officer that the Tribe assumed with respect to "tribal land," as that term is defined in 54 U.S.C. § 300319, pursuant to that certain Agreement Between the National Park Service, U.S. Department of the Interior and the Agua Caliente Band of Cahuilla Indians for the Assumption by the Tribe of Certain Responsibilities Pursuant to the National Historic Preservation Act (16 U.S.C. 470) dated September 15, 2005 ("2005 NHPA Agreement"), in accordance with Section 101 of the National Historic Preservation Act, 54 U.S.C. §§ 300101 et seq., and applicable implementing regulations at 36 C.F.R. Part 60 and Part 800, as such laws and regulations may be amended, renumbered, or re -designated from time to time; or (ii) delegate the Tribe's sole authority to review and approve the designation of Heritage Properties (defined below) on Allotted Trust Lands; or (iii) delegate the Tribe's sole authority to handle, manage, or control Cultural Resources (defined below) on Allotted Trust Lands. For purposes of this Contract, the terms "Heritage Property" and "Cultural Resource" shall have the meaning ascribed to them in Tribal Ordinance No. 37, "Tribal Historic Preservation Ordinance," as amended, renumbered, or re -designated from time to time. (e) Initiatives and Referenda. This Contract is not intended, and shall not be construed, to apply to land use controls or any other law adopted or repealed through the initiative process authorized pursuant to section 8(a) of article II of the California Constitution or the referenda process authorized pursuant to section 9(a) of article II of the California Constitution, whether such initiative or referendum is adopted or repealed by the City, through its City Council, or by a majority vote of the electorate. In the event a land use control is adopted or repealed through the initiative or referenda process, the Tribe and City agree to meet and confer within a reasonable time after adoption or repeal to evaluate whether the newly adopted or repealed land use control shall apply to Allotted Trust Lands and how the newly adopted or repealed land use control shall be implemented. 9. Consideration. The Tribe, for the benefit of the community and in order to assure the highest level of planning and development and in consideration of providing the above services, hereby permits the City to collect and retain all fees as they now exist or may exist in the future which provide direct compensation to the City for its actual costs in carrying out its duties as the Tribe's agent, subject to the limitations described herein. N. 10. Fees for Development Projects. (a) As used herein, "development fee" means a monetary exaction, other than a tax or special assessment, which is charged by the City to the property owner or developer or lessee in connection with approval of a development project for the purpose of defraying all or a portion of the costs of public services and community amenities resulting from the development project, whether imposed by a legislative action of the City pursuant to the Mitigation Fee Act (California Government Code sections 66000 — 66025) or on an ad hoc basis, but does not include fees for the processing of City regulatory actions or approvals as described in Paragraph 6, or fees that are established and imposed through a development agreement or other contract entered into by and between the City and the property owner, developer, or lessee. Subject to subparagraph (c) of this Paragraph, the City may impose and collect development fees on developments proposed for Allotted Trust Lands. (b) In addition to development fees applicable to development projects in the City, applicants for development may be required to dedicate land as needed, to provide for rights -of -way for public improvements such as streets and drainage for the term of the lease or permanent rights -of -way with the approval of the Secretary of the Interior. The City will provide to the Tribe, as necessary, a list of needed right-of-way dedications on Allotted Trust Lands. Such right-of-way dedications shall not conflict with any federal statutes or regulations regarding road rights -of -way on Indian land, particularly but not limited to 25 U.S.C. §§ 314, 323-325 and 357, and 25 C.F.R. Part 169, as said statutes and regulations may be amended, renumbered, or re -designated from time to time. (c) Following the execution of this Contract, the City shall provide mailed notice to the Tribe of any adoption of any anticipated legislative action to adopt any new development fee or increase any existing development fee, together with a statement justifying such new or increased fee, at least fourteen (14) days prior to adoption. The City shall also consult with the Tribe prior to the adoption of any such new or increased fee, if consultation is requested by the Tribe. Within sixty (60) days after receipt of the notice of adoption of such new or increased fee, the Tribe may take formal action to specifically decline to apply to the Allotted Trust Lands any such new or increased fees deemed unjustified by the Tribe. Unless so declined by the Tribe, all such new or increased fees shall be applicable to the Allotted Trust Lands and may be imposed and collected by the City. 11. Exception to Scope of Agency. This Contract is not intended, and shall not be construed, to operate, limit, or impair the authority of the U.S. Department of the Interior and the Bureau of Indian Affairs to negotiate, execute, approve, or otherwise administer existing and future leases or rights -of -way on Allotted Trust Lands, or to 7 eliminate or substantially impair any existing land use under an approved lease. Since the Tribe cannot substantially interfere with the federal leasing function, it cannot delegate any such authority to the City. 12. Immunity. This Contract is not intended, and shall not be construed, to limit or waive the sovereign or governmental immunity from suit enjoyed by either party. 13. Appeals. Any person aggrieved by a final action of the City in matters within the scope of this agency affecting Allotted Trust Lands may appeal to the Tribal Council for relief, according to the terms of Tribal Ordinance No. 5, "Tribal Land Use Appeal Ordinance," as amended, renumbered, or re -designated from time to time. The Tribal Council, in accordance with the Tribal Land Use Appeal Ordinance, after notice and opportunity for hearing and on the basis of the entire record, may affirm, reverse, or modify any decision of the City on such a matter affecting Allotted Trust Lands as specified in said Tribal Ordinance, and the decision of the Tribal Council shall be final. The Tribal Council shall meet jointly with the City to review an appeal before making a final decision, as specified in the Tribal Land Use Appeal Ordinance, unless the City unilaterally deviates from the joint meeting requirement, thus waiving the City's right to a joint meeting prior to final Tribal decision on the appeal. 14. Consultation and Cooperation. In order to facilitate the regular presentation of the Tribe's views to the City on matters within the scope of this agency and as part of the normal processing of applications and other matters within the scope of this agency, the City will give the Tribe reasonable advance notice (e.g., at the time of distribution of project plans to local utilities for input) of all such matters so that the Indian Planning Commission will be able to evaluate all such matters and present its recommendations to the Tribal Council which, in turn, will present its recommendations to the City in time for such recommendations to be considered by the City staff, City Planning Commission, and City Council. 15. Best Efforts. The parties shall exert their best effort to keep this Contract in good standing and to serve as the basis for a mutually beneficial relationship which will encourage and assist the uniform and unified development of all Allotted Trust Lands, and adjacent non -trust lands located within City Limits, in an orderly, expeditious, and professionally sound manner. 16. Joint Interest Regarding Challenge. (a) If any third party who is a land use applicant with an application involving any of the subject land use controls specified in Paragraph 5 takes formal court action to challenge any action taken by the City as the Tribe's agent or the Tribe or Tribal Council affirming, reversing, or modifying any decision of the City, as provided herein, whether with or without an appeal having been filed, as 8 provided herein, the City and the Tribe will immediately consult to develop a unified response. The Tribe and the City will coordinate action to address defense against any such challenge, such as providing declarations or copies of documents, assisting legal counsel, preparing and filing an amicus curiae brief, or Tribal intervention as a party in litigation, depending on the nature and scope of this challenge. (b) In any such legal proceedings, the City and the Tribe may each engage and pay for separate or additional legal counsel, at the option of each and, in appropriate cases, may, by separate agreement, agree to engage joint counsel on terms specified in that agreement. It is acknowledged by the Tribe that the City routinely imposes, as a general land use condition of approval, a requirement that the applicant for a land use application indemnify, defend, and hold harmless the City against any legal action brought by third parties challenging the City's approval of the land use application. 17. Notice of Appeal Rights. In order to inform developers and others of the availability of appeals of final City actions to the Tribal Council, as provided above, and to make clear the nature of the existence of the agency created by this Contract, the City will provide notice of the availability of the right to appeal any City actions and that such appeal to the Tribal Council must occur prior to filing any legal challenge to any action undertaken by the City. The contents of such notification language will be substantially as agreed upon by Tribal and City representatives. 18. Termination. Either party may terminate this Contract, without prejudice to the legal position thereafter asserted, upon thirty (30) days written notice to the other party. In the event of such termination of this Contract, any development project previously granted approval by the City shall continue to be bound by the terms and conditions of such approval. SIGNATURES FOLLOW IN WITNESS WHEREOF, the Parties hereto have executed this Contract by their respective authorized officers. AGUA CALIENTE BAND OF CAHUILLA INDANS Jeff L. Grubbe Date Chairman, Tribal Council Larry N. Olinger Date Vice Chairman, Tribal Council Vincent Gonzales III Date Secretary -Treasurer, Tribal Council Reid D. Milanovich Date Member, Tribal Council Anthony W. Purnel Date Member, Tribal Council CITY OF PALM SPRINGS Robert Moon Mayor 10 Date Hgua Uaiiente Dana of Lanuillc Indians - Tribal/City Land USE rCoordination on Certain Parcel AGREEMENT #1324A AGREEMENT FOR TRIBAUCITY R19450, 1-6-99 LAND USE COORDINATION ON CERTAIN PARctLs THIS AGREEMENT FOR TRIBAUCITY LAND USE REVIEW ON CERTAIN PARCELS ("Agreement') is made this 15th day of December, 1998 by and between the AGUA CALIENTE BAND OF CAHUILLA INDIANS, acting through its Tribal Council (the "Tribe"), and the CITY OF PALM SPRINGS, CALIFORNIA, acting through its City Council, a municipal corporation (the "City"). This Agreement is made with reference to the following: RECITALS: A. WHEREAS, the Tribe is a federally -recognized Indian tribe which exercises its sovereign authority over the lands of the Agua Caliente Indian Reservation according to a Constitution approved by the Commissioner of Indian Affairs, as well as applicable federal law, with portions of the City of Palm Springs located within the boundaries of its federal Indian reservation; and B. WHEREAS, 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. The trust lands of the Agua Caliente Indian Reservation are interspersed in a checkerboard pattern within that portion of the City located within the Reservation; and C. WHEREAS, both the Tribe and the City wish to cooperate in promoting the orderly and expeditious use and development of all lands of the Agua Caliente Indian Reservation to their highest and best use, consistent with principles of sound planning and the sovereignty of the Tribe; and D. WHEREAS, on July 26, 1977, the Tribe and the City entered into that certain Agreement No. 1324 (hereinafter the "Land Use Agreement'), adopted by City Council Resolution No. 12298. Pursuant to that Agreement, the parties agreed that applications for issuance of permits and development pertaining to any Trust lands would initially be processed through the City, with the City collecting its normal fees and charges. Any party aggrieved by an action of the City Council in any such planning and zoning matters was given the right to appeal any action of the City to the Tribal Council, with the Tribal Council having the ability, following a noticed hearing, to affirm, reverse, or modify any decision of the City Council on any matter affecting Indian Trust Lands, with the decision of the Tribal Council being final, after consideration of the recommendation of the Indian Planning Commission, as well as applicable federal and tribal law; and E. WHEREAS, the Land Use Agreement has been amended from time to time, by Supplements 2, 3, and 4, and most recently by Supplement No. 5, which would exempt all land acquired by the Tribe from regulation by the City, including: Application of all laws, ordinances, and codes; application of all fees, including drainage, sewer, school, Uniform Transportation Mitigation fees, building and other fees. The taking of title to parcels into trust by the United States for the Tribe would exempt such property from regular City taxes such as property taxes, sales taxes, transient occupancy taxes, and others; and 1 F. WHEREAS, the Tribe has generally supported c,,�velopment consistent with the City's General Plan and other ordinances and regulations but has the authority to adopt its own land use plan and policies; and G. WHEREAS, the Tribe has commenced a program, when economically feasible, to reacquire any Trust Land which has been sold in fee. To facilitate Indian development on such Land, the Tribe would like to have an expedited process for City review and comment on said projects. The Tribe is willing to consider such review and comment, if given in a timely manner. The City believes that the opportunity to provide review and comment, but not approval, of such projects would be valuable to assure that such projects are integrated with surrounding development and to assure that the City's and the Tribe's normal development standards are maintained insofar as possible. In addition, both parties believe that all development throughout the City on both Tribal and non -Tribal land should make a fair share contribution in exaction, fees or other consideration to pay for the burdens imposed by the development on the City or for the benefits received by the development from the City. IN CONSIDERATION OF THE FOREGOING, THE PARTIES HEREBY AGREE AS FOLLOWS: 1. Pre -submittal. Prior to the initiation of a Project on Tribal Land and initiation of the process detailed below, the Tribe, where feasible, will consult with the City to determine the scope and significance of the Project and its appropriate level of review. This consultation will normally, but not necessarily, be satisfied by a meeting between the Tribal Planning Department and City Department of Planning and Building. 2. Submission of Report. When any new development or substantial expansion or renovation of a project is proposed on land located within the Reservation and has been acquired by the Tribe, at least ninety (90) days prior to Tribal approval of the project, including preliminary or schematic design, the Tribe shall submit to the City a report on the Project ("Project Report"). As used herein, "Reservation" means those lands whose legal description is set forth in Exhibit A Hereto. The Project Report shall include a description of the Project, the preliminary or schematic plans and drawings for the Project, environmental documents per NEPA, if any, or any equivalent Tribal document, an analysis of the compatibility of the proposed Project with the City's and the Tribe's development standards, an analysis of the fiscal impact of the Project, and a statement identifying any manner in which the Project would be exempt from, or not conform to, any ordinance, rule, regulation, or standards of the City or of the Tribe. The Tribe shall provide any explanation of any of the foregoing, as they shall deem reasonable or necessary. The Indian Planning Commission, and other Tribal bodies, will develop this report in accordance with applicable federal and Tribal law. The level of detail provided in the Project Report should be as follows: if a minor project, then similar to the level of detail normally required by the City for architectural review; if a major project, then similar to the level of detail which would be required by the City for Planned Development District permit. The determination of whether a project is major or minor shall require the agreement of the chief staff planning official of each party but, in the event of a disagreement, the opinion of the Tribe's planning official shall govern. It is the intent of the parties that this process be undertaken, not at the point at which the land is acquired by the Tribe, but when 2 development is conicmplated, and when the development ca. i be described and its impacts forecast 3. Administrative Review. Upon receipt of a Project Report, the City Manager shall distribute the Project Report to appropriate departments, including Police, Fire, Finance, Public Works, Planning and Building, and such other departments as the City Manager shall deem relevant, such as Parks and Recreation, Tourism, Economic Development, and so forth. It shall be the purpose of this administrative review to determine how well the Project conforms with the City's existing rules and regulations; any health and safety, or welfare concerns; the adequacy of police and fire safety services, and other services of the City necessary for the Project; compatibility of the project with surrounding properties; and the fiscal impact of the Project. The purpose of the fiscal impact analysis shall be to determine whether the Project will pay the normal City fees, taxes, charges, and assessments; to the extent that any of such revenues will not accrue to the City, what will be the resulting financial impact therefrom; what other direct and indirect financial impacts, negative or positive, will result; and what the overall economic impact will be of the Project on the City. Within thirty (30) days of the City Manager's receipt of the Report from the Tribe, the City shall prepare the "Administrative Analysis" of the foregoing information and shall submit the Administrative Analysis to the City Council for its review and approval. 4. City Council Conformity Report. The City Council shall have thirty (30) days from the submission of the Administrative Analysis to prepare the City Council's Conformity Report ("Conformity Report"). The Conformity Report shall be adopted by the City Council at a public meeting. At the same time that the City Manager submits the Administrative Report to the City Council, a copy of the same shall be submitted to the Tribe. The Tribe shall have ten (10) days to prepare its comments on the Administrative Analysis for submission to the City Council to be considered at the time the City Council determines the Conformity Report. The Conformity Report shall contain the same subject matter as the Administrative Analysis. 5. Joint Meeting. Upon the City Council's adoption of the Conformity Report, the Project Report shall be immediately submitted to the Tribal Council. Within thirty (30) days, the Tribal Council and the City Council shall schedule a Joint Meeting to discuss the Conformity Report and whether any measures should be taken to make the Project more conforming with the rules, regulations, and ordinances of both the City and the Tribe. 6. Final Tribal Action. At the Joint Meeting, or following the Joint Meeting, the Tribal Council may take any action authorized by its Constitution, Bylaws, rules, and ordinances concerning the Project. The Tribal Council shall be free to disregard any or all comments in the Conformity Report or otherwise made by the City Council and may approve or modify the Project in any way the Tribal Council deems appropriate. It is expressly understood by the parties hereto that the Tribal Council retains full and complete sovereignty to administer Tribal lands in accordance with the Constitution, Bylaws, and Ordinances of the Tribe and applicable federal law. This Agreement deals solely with the consultation process in which the City is being given the opportunity to review and comment on certain projects being undertaken by the Tribe, and the Tribal Council retains full and complete authority to make final decisions concerning the development of Tribal Land under its Constitution and applicable federal and Tribal law. 3 7. Waiver. vVith the approval of both parties, any portion of the foregoing process may be waived if the Project is not deemed significant, if the Project is found to be conforming, or if due to the exigencies of time the normal process cannot be accommodated. 8. Amendments. This Agreement maybe amended by mutual agreement by the parties, provided that neither party may terminate this Agreement, without prejudice to any legal position thereafter asserted, upon thirty (30) days written notice to the other party. 9. Approval. This Agreement shall be approved by Resolutions of the Tribal Council and the City Council. 10. Lands Located Inside Reservation and Owned in Fee by Parties Other than the Tribe. This Agreement will not affect, alter, increase, or decrease in any way the jurisdiction that either the City or the Tribe may have over the use or development of parcels of land located within the Reservation, which are owned in fee by parties other than the Tribe. The parties recognize that federal law already allocates such jurisdiction over such parcels. 11. Lands Located outside Reservation. The parties recognize that federal law provides to the City notice and an opportunity to express its views on the subject of the proposed taking of title into trust for the Tribe of parcels located outside the Reservation but within the city limits of the City in 25 C.F.R. §151.11(d), as well as time in which to challenge such a proposed action before it occurs, in 25 C.R.F. §151.12(b). Otherwise, this Agreement will not affect, alter, increase, or decrease in any way the jurisdiction that either the City or the Tribe may have over the use or development of such parcels of land. The parties recognize that federal law already allocates such jurisdiction over such parcels. 2 IN WITNESS WHEREOF, the parties have executed this Agreement by their respective authorized officers on the day and year first above written. Attest: l J4d"ith Sumich, City Clerk CITY OF PALM SPRINGS, CALIFORNIA a municipal corporation BY; Will Kleindienst, Mayor Approved as to form: Davkbeshire, City Attorney AGUA CALIENTE BAND OF CAHUILLA INDIANS, a federally -recognized Indian tribe APPROVED BY THE C l"P 1'-0', ,NC1L A bY j:3� Richard M. Milanovich, Chairman Approved as to form: Art Bunce, Tribal Attorney