HomeMy WebLinkAbout24987RESOLUTION NO. 24987
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING AN
AMENDED AND REINSTATED ENCROACHMENT
AGREEMENT WITH THE AGUA CALIENTE BAND OF
CAHUILLA INDIANS FOR A VEHICULAR ENTRANCE GATE
TO THE TAHQUITZ VISITOR CENTER WITHIN THE WEST
END OF MESQUITE AVENUE PUBLIC RIGHT-OF-WAY IN
SECTION 22, TOWNSHIP 4 SOUTH, RANGE 4 EAST,
ENGINEERING FILE EA 22-01-0500, AND APPROVING A
DETERMINATION THAT THEACTION IS CATEGORICALLY
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA)."
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
FIND AS FOLLOWS:
WHEREAS, the Agua Caliente Band of Cahuilla Indians (Tribe) and the City of Palm
Springs (City) entered into an Encroachment Agreement on March 12, 2001, to
construct and maintain a vehicular entrance gate to the Agua Caliente Tahquitz Visitor
Center (Visitor Center) property, within the west end of Mesquite Avenue public right-
of-way.
WHEREAS, the Tribe recently submitted a fee -to -trust application with the United
States Secretary of the Interior (Secretary) for the Visitor Center property. The
Secretary indicated that before the United States can acquire the Tribe Property in
trust, the Tribe and City must alter the Original Agreement.
WHEREAS, the City and Tribe have agreed that it is in the best to terminate the
Original Agreement and enter into a new agreement to satisfy the request by the
Secretary, the Tribe requests City Council approval of the Amended and Reinstated
Encroachment Agreement.
WHEREAS, the City Council has considered all evidence submitted concerning the
Amended and Reinstated Encroachment Agreement attached hereto and made a part
hereof.
WHEREAS, Section 21084 of the California Public Resources Code requires
Guidelines for Implementation of the California Environmental Quality Act ("CEQA"),
and pursuant to the CEQA Guidelines, Section 15301 "Existing Facilities," Class 1
projects consist of the minor alteration of existing public structures or topographical
features involving negligible or no expansion of use beyond that existing at the time
of the lead agency's determination.
Resolution No. 24987
Page 2
WHEREAS, in accordance with Section 15301(c) of the CEQA Guidelines, the City
Council has determined that approval of the requested right-of-way vacation is considered
categorically exempt from CEQA.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. The findings and determinations reflected above are true and correct
and are incorporated by this reference herein as the cause and foundation for the action
taken by and through this Resolution.
Section 2. The Agua Caliente Band of Cahuilla Indians (Tribe) and the City of Palm
Springs (City) entered into an Encroachment Agreement on March 12, 2001, to construct
and maintain a vehicular entrance gate to the Agua Caliente Tahquitz Visitor Center
(Visitor Center) property, within the west end of Mesquite Avenue public right-of-way.
Section 3. The Tribe recently submitted a fee -to -trust application with the United
States Secretary of the Interior (Secretary) for the Visitor Center property. The Secretary
indicated that before the United States can acquire the Tribe Property in trust, the Tribe
and City must alter the Original Agreement.
Section 4. The City and Tribe have agreed that it is in the best to terminate the
Original Agreement and enter into a new agreement to satisfy the request by the
Secretary, the Tribe requests City Council approval of the Amended and Reinstated
Encroachment Agreement.
Section 5. The City Council does hereby approve the Amended and Reinstated
Encroachment Agreement to maintain a vehicular entrance gate to the Agua Caliente
Tahquitz Visitor Center (Visitor Center) property, within the west end of Mesquite Avenue
public right-of-way.
Section 6. The City Clerk is hereby directed to cause a certified copy of this
Resolution, attested by him under the seal of the City, to be recorded in the Office of the
County Recorder of Riverside County.
Section 8. The City Council hereby determines that the action undertaken by this
Resolution is categorically exempt from CEQA pursuant to Section 15301(c) "Existing
Facilities," as a Class 1 project consisting of the minor alteration of existing public
structures or topographical features involving negligible or no expansion of use beyond
that existing at the time of the City Council's determination.
Resolution No. 24987
Page 3
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 24TH DAY OF FEBRUARY 2022
ATTEST:
MONIQUE M. LOMELI, CMC
INTERIM CITY CLERK
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Anr� cem�
JUSTI CLIFTON
CITY MANAGER
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss.
CITY OF PALM SPRINGS)
I, MONIQUE LOMELI, Interim City Clerk of the City of Palm Springs, hereby certify
that Resolution No. 24987 is a full, true, and correct copy, and was duly adopted at a
regular meeting of the City Council of the City of Palm Springs on February 24, 2022, by
the following vote:
AYES: Councilmembers Holstege, Kors, Woods, Mayor Pro Tern Garner, and
Mayor Middleton
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this 24th day of February 022.
(AA
Moniqu M. Lomeli, Interim City Clerk
City of Palm Springs, California
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