HomeMy WebLinkAbout9/15/1999 - STAFF REPORTS (8) DATE: July 28, 1999
TO: City Council
CORlII10SD TO 10-20 99
FROM: City Attorney
AMENDMENT TO AGREEMENT REGARDING BELARDO BRIDGE
RECOMMENDATION:
It is recommended that the City Council approve Amendment No. 2 to Agreement No.
2435 regarding the Tabgmtz Creek Flood Control and Belardo Bridge projects.
BACKGROUND:
For a number of months the City and Tribe have been discussing an amendment to the
Tahquitz Flood Control Channel and Belardo Bridge Agreement, Agreement No. 2435,
a 3-party agreement between the City,Tribe and Riverside County Flood Control District.
In 1987 the parties entered an agreement for construction of Flood Control Improvements
in Tahquitz Channel. As a part of the agreement the Tribe was to build an interpretative
center and the City was to construct Belardo Bridge over Tahquitz Wash.
The City has contributed its$150,000 share for the construction of the interpretative center
and the Tribe has designed the center and has gone to bid to construct the improvements.
The Tribe has asked that the City convey to it the land necessary to construct the center.
Two problems have arisen. The Agreement calls for the land transfer to be to the U.S.
instead of the Tribe, and the assessment district funding mechanism contemplated for the
Bridge and road improvements has been determined to be unworkable.
On July 8, 1999, at a joint City Council-Tribal meeting, the governing bodies reviewed
the attached Amendment No.2 to the 1987 Agreement and decided to recommend it to the
County. The Amendment does the following:
1. Provides for title to be passed in the name of the Tribe.
2. Provides that the Belardo Bridge should be installed by June 30,2009,but
that such date be tolled if funding is unavailable.
3. Provides that rights-of-way be obtained without cost to the City and with
all reasonable assistance from the Tribe.
4. Provides that the improvements be constructed with grant funds or at the
expense of the property owner, and without General Enterprise,
Redevelopment or other funds, assets or property of City.
5. Provides that assessment district funding may be used, but only if it is
without risk to City.
As a result of the joint meeting, it is recommended that the City Council approve
Amendment No. 2 and forward it to the Tribe and County for action.
Y a.
July 28, 1999 qa
Belardo Bridge
When the Amendment has been approved by all three bodies,the City should proceed with
the land transfer.
The City had prepared an MOU to facilitate immediate transfer of the property, but the
Tribe's preference was to process the Amendment through the County.
David J. AlQure, City Attorney
APPROVED
City Manager 6
ATTACHMENTS;
1. Minute Order
2. Amendment No. 2
AMENDMENT NO. 2
TO AGREEMENT NO. 2435 DATED JUNE 259 1987
RE TAHQUITZ CREEK FLOOD CONTROL CHANNEL PROJECT
THIS AMENDMENT dated , 1999, is made by and among the AGUA
CALIENTE BAND OF CAHUILLA INDIANS acting through its Tribal Council, (referred to
herein as "Tribe Council"); RIVERSIDE COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT, (referred to herein as "District"); and the CITY OF PALM
SPRINGS,CALIFORNIA, (referred to herein as "City"). This Amendment amends that certain
Agreement dated June 25, 1987 by and among the same parties (the "Agreement"). Except as
expressly stated herein, all terns and conditions of the Agreement remain in full force and effect.
The parties hereto hereby amend the Agreement as follows:
Rai' QUAM
A. The Agua Caliente Band of Cahuilla Indians(the"Tribe")is a federally-recognized
Indian Tribe governing itself according to a Constitution and exercising sovereign authority over
the lands of the Agua Caliente Indian Reservation.
B. 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.
C. On or about June 17, 1987, the City, Tribe, and the Riverside County Flood
Control District ("District") entered into that certain Agreement No. 2435, which, in part,
provides for the development of a portion of Tahquitz Regional Park for flood control structures
and the construction of an interpretive center. Agreement No. 2435 was subsequently amended
by Addendum Number 1, dated on or about August 17, 1987.
D. On or about March 3, 1988, the City entered into that certain Memorandum of
Agreement with the National Park Service, the State Historic Preservation Officer, and the State
of California, in which the Tribe, the District, and the Bureau of Indian Affairs participated and
were invited to concur.
E. Agreement No.2435,Addendum Number 1,and the Memorandum of Agreement
are referred to collectively herein as the "Agreement."
ya3
AMEND NO.2 TO AOR NO 2435 DATED JUNE 25,IM
276101408441027J3272343.3 m07122M -1- RE TAHQUITZ CREEK FLOOD CONTROL CHANNEL PROJ
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Section 1. That Section 2 of the Agreement shall be amended so that title may be
taken in the name of the Agua Caliente Band of Cahuilla Indians rather than in trust by the United
States of America, subject to the other terms and conditions contained in said Section 2.
Section 2. That Section 5 of the Agreement shall be amended to read as follows:
"5. CONSTRUCT BELARDO BRIDGE AND ROADWAY IMPROVEMENTS.
Subject to the conditions set forth in this paragraph, the City will construct an extension
of Belardo Road from Mesquite Avenue to Sunny Dunes Road("Roadway"), including a
bridge across Tahquitz Creek("Bridge")when total project funding becomes available,but
no later than June 30, 2009, provided that the obligation to construct the Roadway and
Bridge improvements shall be suspended if funding meeting the requirements of this
Section is unavailable until such time as funding is available.
(a) That all necessary rights-of-way for such Bridge and Roadway
be obtained without cost to City via a grant or other outside finding source.
The Tribe will make all reasonable efforts to assist the City with such right-of-
way acquisition.
(b) ThatallRoadway improvementsbe comMicted by grant fimdmg
or at the expense of the individual property owners or lessees of the property .
fronting on said Belardo Road, and that said Belardo Road so improved be
dedicated to City without charge for use as a street right-of-way according to
state law; provided, that this condition will be considered fulfilled if the
appropriate individual owner or Lessee of any such property which is not then
developed shall enter into a reimbursement agreement with the City to repay
City for the cost of such street improvements at the time such property develops
and the City has sufficient funds to front the cost of such improvements; but in
no event will the City be obligated to utilize its general funds, enterprise fiords,
redevelopment funds,other current funds,fund balances,property,or assets for
such purposes;
(c) That in order to construct the Bridge the City will use its best
efforts to obtain funding to construct the Bridge, but in no event will the City
be obligated to utilize its general funds,enterprise fins,redevelopment fiords,
other current fiords, fund balances,property, or assets for such purposes;
(d) The City will consider the use of assessment district financing
to construct the Bridge provided (a) security is Indian Fee interest or (b) the
Tribe and the City will agree on the terms to guarantee assessment district
Indian land obligations; and(c)City shall not be required to provide any of its
property, funds, or assets to secure such financing, or to in any other way put
itself at financial risk; and
AMEND NO.2 TO AGR NO.2435 DATED TUNE 25.1997
276(01/084-M71=12343.3 mON22199 -2- RE TAHQUr1Z CREEK FLOOD CONTROL CHANNEL PRO)
(e) City shall be responsible for the preparation of a preliminary
budget and financing plan providing adequate funding for design and
construction of all Roadway and Bridge improvements is available prior to
commencing design of such improvements, but in no event will the City be
obligated to utilize its general funds, enterprise funds, redevelopment funds,
other current funds, fund balances, property, or assets for such purposes."
AMEND NO.2 TO AOR NO.2435 DATED TUNE 25.1997
2761014084-Mr472343.3 007/27M -3- RE TAHQUrrz CREEK FLOOD CONTROL CHANNEL PROD
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406
IN WITNESS WHEREOF the City, Tribe, and District have executed this Amendment
as of the date first written above.
"C 0
CITY OF PALPA SPRINGS, CALIFORNIA,
a municipal corporation
Mayor
Attest:
City Clerk
Approved as to Form:
City Attorney
"TRIBE"
TRIBAL COUNCIL OF THE AGUA
CALIENTE BAND OF CAHUILLA
INDIANS, a Federally-recognized tribe
Richard Milanovich, Chairman
Attest:
Approved as to Form:
Tribal Counsel
AFIEND NO.2 TO AOR NO.2433 DATED TUNE 25.Y987
27610140B4 M/32723433 m07/2 M -4- RETAHOUM CREEK FLOOD CONTROL CHANNEL PROD
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0. •
[SIGNATURES CONTINUED ON NEXT PAGE]
"DISTRICT"
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
a public agency
Name:
Tide:
Attest:
Approved as to Form:
District Counsel
[END OF SIGNATURES]
4/if 7
AMEND NO.2 TO AOR N0.2435 DATED JUNE 25,1997
2761014084-M7J32723433 m07MM -5- RE TAHQUnZ CREEK FLOOD CONTROL CHANNEL PRO)
IIL-26 1999 MOH 02:11 PM A08CI PLANNING FAX NO. 7603256952 P. 02102
• ` �Jp CALIE�,
MEMORANDUM
VIA FACSIMILE AND
FIRST CLASS MAIL
M 9 DATE: July 26, 1999
erm 10"QUrz ON"MY TO: Rob Parkins, City Ma City of Palm Springs
FROM: Thomas J. Davis,AICP K
PALM nmcs Tribal Planning Director
AGUA CALIENTE B CAHUILLA INDIANS
cmiForn�n RE: City Council Meeting of July 28, 1999
94Q64
The Tribal Council has directed me to request that Item No. 7- Belardo
Bridge MOU - under "Legislative Action" on the upcoming City Council
raEVNorre agenda be removed from the agenda. This matter will be further
(760)M-3400 reviewed at tomorrow's Tribal Council meeting. Further communication
will be submitted after the matter has been discussed at the Tribal
Council meeting.
fAl1
060)095.0593
C; Tribal Council
Art Bunco,Tribal Attorney
David Aleshire
City Clerk
aid
7
q11
1 � �
JUL-26-1999 MON 02:03 PM ACBCI PLANNING FAX N0. 7603256952 P. 01/02
PLANNING/ENVIRONMENTAL.
DEPARTMENTS i
' FAX COVER
SHEET �u��
"
TO-
FAX#: 3 aa^ 8 3 ao
MOM: aYriuS �R�l�
#of Pages: � Plus Cover Sheet
MESSAGE: RP,
If Not satisfactorily received, please call 760/325-3400 X 4901
Agua Caliente Band of Cahuilla Indians
Planning/Environmental Departments
600 E. Tahquitz Canyon Way
Palm Springs, CA 92262
FAX#7601325-6952
DATE:
MINUTE ORDER NO.
APPROVING AMENDMENT NO. 2 TO AGREEMENT
DATED JUNE 25, 1987, RE: TAHQUITZ CREEK FLOOD
CONTROL CHANNEL.PROJECT(CITY AGREEMENT NO.
2435).
I HEREBY CERTIFY that this Minute Order, approving Amendment No. 2 to
Agreement dated June 25, 1987,re:Tahquitz Creek Flood Control Channel Project
(City Agreement No. 2435), was adopted by the City Council of the City of Palm
Springs, California, in a meeting thereof held on the day of. . ,, 1999.
PATR1gA A. SANDERS
City Clerk
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