HomeMy WebLinkAbout1/19/2000 - STAFF REPORTS (8) DATE: January 19, 2000
TO: City Council
FROM: Director of Planning &Building
a
JOINT RESOLUTION WITH THE AGUA CALIENTE BAND OF CAHUILLA INDIANS
REGARDING THE PROPOSED NATIONAL MONUMENT.
RECOMMENDATION:
That the City Council consider adopting the attached Resolution regarding the proposed National
Mommient.
BACKGROUND:
The City Council,at its meeting of December 1, 1999 adopted Resolution No. 19694 regarding the
proposed National Monument designation,and on December 7, 1999,this resolution was presented
to Congresswoman Bono at a public meeting.
Subsequently, on December 8, 1999 the Tribal Council and City Council met and discussed this
issue. Both Councils directed their staffs to draft a joint resolution and develop a recommended
boundary map.
The attached draft resolution is in a legislative draft format,so additions and deletions to the adopted
City Council resolution can be easily seen. Most additions were to reflect the relationship between
the Tribe and the City and recognize the joint City and Tribal jurisdictions.
Specific items deleted from the joint resolution include: economic consideration to compensate the
City [Page 2,Item 2)];transfer of certain lands from BLM to the City [Page 3,Item 4)(b)];and funds
to acquire certain lands in the ShadowRock project [Page 3, Item 4)(c)]. Tribal Planning staff
indicated that these three issues were not appropriate for ajoint resolution between the two Councils.
Both Planning staffs have been working with BLM staff to develop a detailed boundary map
reflecting the concerns of both entities. This map should be available at the City Council meeting.
DOUG S R. EVANS, Director
Planning and Building
DA LAS FLICEK,
Acting City Manager
Attachments:
1. ResoDraft Reno uti 19694
2. Draft Resolution(legislative draft)
a
RESOLUTION NO, 19694
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA RECOMMENDING 777
MODIFICATION TO THE BOUNDARY MAP
AND TEXT OF THE SANTA ROSA AND SAN
JACINTO MOUNTAINS NATIONAL
MONUMENT ACT OF 1999.
w -----------
WHEREAS, the City Council has reviewed the proposed Santa Rosa and San Jacinto Mountains
National Monument'Act of 1999 (National Monument); and
WHEREAS, the City Council has determined that the proposed National Monument affects
extensive areas within the City of Palm Springs including,but not limited to,mountainous property,
alluvial fans and valley floor; and
WHEREAS, the City's General Plan has identified biological, scenic, and other environmental
resources within and adjacent to the Santa Rosa and San Jacinto Mountains, which resources are a
vital part ofthe City's world-wide reputation and appeal as a resort destination,and whose protection
is vital to the City's future; and
WHEREAS,the City has,by its own actions, acquired and set aside for preservation,conservation
and recreational purposes approximately 3400 acres of land within the boundaries of the proposed
»National Monument; and
WHEREAS,the City has had a hillside zoning category for over 20 years only allowing one unit per
20 acres, and has restricted development to protect hillside lands which form the City of Palm
Springs urban growth limits adjacent to the San Jacinto Mountains; and
WHEREAS, the City of Palm Springs has approximately 51 square miles of territory within the
boundaries of the proposed National Monument, which is approximately 55% of the City, and is
the municipality most affected by the proposed National Monument; and
WHEREAS, the City has approved certain resort development projects which have been in the
planning process for over 10 years which take advantage of the scenic and recreational opportunities
oftheir sites and embody extensive environmental mitigation measures,which projects have in some
cases been,subject to litigation, and which projects are a vital part of the City's economic future as
a world-wide tourism destination; and
"EREAS,some persons have owned land within the proposed National Monument boundary for
as much as 100 years, and their rights to develop this property will be greatly affected, and in many
cases prohibited by the National Monument designation; and
WHEREAS, the City Council is concerned that the National Monument as proposed will have a
significant impact on the City's economic future and on private property rights, and (i) that prior
to introduction of the legislation to the House of Representatives and Senate of the United States of
America the proposed boundaries must be modified , and (ii) that certain other changes must be
made; and
WHEREAS, the City Council desires to work with Congresswoman Bono to craft National
Monument legislation which offers significant protection of natural resources, enables public use
of hiking and equestrian trails,and allows prudent and reasonable use of private lands for economic
development; and
R19694 •
Page 2
WHEREAS, the City Council has held a public meeting on December 1, 1999 for the purpose of
,receiving public comment and reviewing the proposed National Monument.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs that it
recommends that the proposed National Monument Boundary Map be amended as depicted in
Exhibit "A" and that the following issues be addressed in a revised Santa Rosa and San Jacinto
Mountains National Monument Act of 1999 bill:
1) That a precise National Monument Boundary Map be incorporated into the proposed Act and
that the boundaries adjacent to the City of Palm Springs shall not be amended, adjusted, or
modified without written consent of the City of Palm Springs City Council; and
2) That Congress authorize economic consideration to compensate the City of Palm Springs for
properties within the National Monument acquired from the City.
3) That Section 2 on Findings shall be modified to include the following finding:
"" "(7) The Congress intends that the National Monument boundaries will define the
outer boundaries of the lands necessary to manage the Peninsular Bighorn Sheep, and that
the Department of Interior and all of its agencies shall cooperate in private property owners'
rights to own,manage,and develop properties outside of monument in accordance with local
land use plans. Congress intends that this provision shall be deemed reasonable and
necessary compensation for future loss of tax revenue to local government due to the
designation of the National Monument and future federal land acquisitions."
4) That Section 4 on Management Practices be modified to strengthen the restrictions
prohibiting regulations affecting buffer areas by adding the following concepts to subsection
(c):
(a) The Congress does not intend that the establishment or maintenance
of the National Monument interfere in any way with the development
of land, particularly that held in private ownership adjacent to the
National Monument. The Congress does not intend that Indian
Reservation, state, city, county, special district or privately owned
lands or interests in lands shall be contemplated or used as protective
perimeters or buffers around federally owned or managed lands
within the National Monument.
(b) The Secretary shall take all reasonably feasible actions to assist in the
development ofnon-government,privately owned lands within buffer
zones, including, but not limited to, allowing access to such lands
through the national monument, to the extent those actions do not
unreasonably interfere with the protection of those values for which
the National Monument has been established.
5) That Section 5 concerning Land Acquisition be amended as follows:
(a) To prohibit acquisition of property by eminent domain and the appropriation of funds
therefore.
(b) To authorize the Bureau of Land Management to grant a right-of-way, exchange, or
sell portions of Section 16, TA.S., RA.E., S.B.B.M. to the City, or authorized
designee, for the purpose of allowing limited public recreation (golf course
amenities).
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RI9694
Page 3
(c) To include a provision that Congress appropriate sufficient funds to acquire the
- southerly 100 acres of the ShadowRock project at fair market value.
6) That Section 4 on Management Practices be amended to add an additional subsection (f)
concerning Recreation and Trail Usage stating that the Congress believes that,recreational
trail use should be a primary human use permitted in the Monument. Existing trails should
be preserved to the extent feasible, and shall be extended to promote recreational
opportunities.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council that the City Manager
and City Attorney are to work with Congresswoman Bono to craft National Monument legislation
which is consistent with the recommendations of the City Council of the City of Palm Springs.
ADOPTED this Ist day of December , 1999.
AYES: Members Hodges, Jones, Oden, Reller-Spurgin and Mayor Kleindienst
NOES: None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By /s/Dallas Flicek /s/Patricia A. Sanders
City Manager City Clerk
oREVIEWED AND APPROVED AS TO FORM:
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EXHIBIT A
- Proposed National
li 1 Monument Boundaries
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'Resew n
RESOLUTION NO.
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA AND THE TRIBAL
COUNCIL, OF THE AQUA CALIENTE BAND
OF CAHUILLA INDIANS ARE
RECOMMENDING MODIFICATION TO THE
BOUNDARY MAP AND TEXT OF THE SANTA
ROSA AND SAN JACINTO MOUNTAINS
NATIONAL MONUMENT ACT OF 1999.
WHEREAS, the Agua Caliente Band of Cabuilla Indians (Tribe) is a Federally-recognized
Indian Tribe governing itself according to a Constitution and exercising sovereign authority
over the lands of the Agna Caliente Indian Reservation (Reservation); and
WHEREAS, the City of Palm Springs (City) 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; and
WHEREAS,the City and Tribe on or about July 26, 1977 entered into a Land Use Contract
by adopting Agreement 1324 whereby the City and Tribe recognized the need for effective
planning, zoning and land use controls with respect to all lands under their respective
jurisdiction; and
WHEREAS, the City G uneil-has and Tribe have reviewed the proposed Santa Rosa and San
Jacinto Mountains National Monument Act of 1999 (National Monument); and
WHEREAS,the City C-orxaeil-has and Tribe have determined that the proposed National Monument
affects extensive areas within the City ofPalm Springs and the Agua Caliente Indian Reservation
including, but not limited to, mountainous property, alluvial fans and valley floor; and
WHEREAS, the City's General Plan has identified biological, scenic, and other environmental
resources within and adjacent to the Santa Rosa and San Jacinto Mountains,which resources are a
vital part of the City's worldwide reputation and appeal as a resort destination,and whose protection
is vital to the City's future; and
WHEREAS, the City and Tribe have mutual interest in land use planning and other
regulatory actions,which have direct and indirect impacts on the City and Reservation; and
WHEREAS,the City has,by its own actions, acquired and set aside for preservation,conservation
and recreational purposes approximately 3400 acres of land within the boundaries of the proposed
National Monument; and
WHEREAS, the Reservation includes substantial holdings of Indian Trust lands within the
San Jacinto and Santa Rosa Mountains, including, but not limited to, Tahquitz Canyon,
Indian Canyons Heritage Park,and other Reservation lands which are within the boundaries
of the proposed National Monument; and
WHEREAS, the City has had a hillside zoning category for more than 20 years only allowing one
unit per 20 acres, and has restricted development to protect hillside lands which form the City of
Palm Springs urban growth limits adjacent to the San Jacinto Mountains; and
WHEREAS, the Tribe has designated certain areas as Tribal Preserve and has entered into
a Cooperative Agreement and Memorandum of Understanding with the United States
Department of Interior regarding the proposed National Monument; and
WHEREAS, the City of Palm Springs has approximately 51 square miles of territory within the
boundaries of the proposed National Monument, which is approximately 55% of the City, and is
the municipality most affected by the proposed National Monument; and
WHEREAS, the Reservation has approximately 27 square miles of territory within the
boundaries of the proposed National Monument, which is approximately 54% of the
Reservation; and
WHEREAS, the City has approved certain resort development projects which have been in the
planning process for more than 10 years which take advantage of the scenic and recreational
opportunities of their sites and embody extensive environmental mitigation measures; which
projects have in some cases been subject to litigation,and which projects area vital part of the City's
economic future as a worldwide tourism destination; and
WHEREAS, all of the aforementioned resort developments approved by the City encompass
lands within the Reservation and which projects are a vital part of the Tribe's and individual
Tribal members' economic future; and
WHEREAS,the City Gotincilis and Tribe are concerned that the National Monument as proposed
will have a significant impact on the City and Tribe's economic future and on private and allotted
trust property rights, and (i) that prior to introduction of the legislation to the House of
Representatives and Senate of the United States of America the proposed boundaries must be
modified, and (ii) that certain other changes must be made; and
WHEREAS,the City^_._._ewes and Tribe desire to work with Congresswoman Bono to crall
National Monument legislation which offers significant protection of natural resources, enables
public use of hiking and equestrian trails,and allows prudent and reasonable use of private lands for
economic development; and
WHEREAS, the City Council has held a public meeting on December 1, 1999 for the purpose of
receiving public comment and reviewing the proposed National Monument.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs and the
Tribal Council of the Agua Caliente Band of Cahuilla Indians that it reeontntettds they
recommend that the proposed National Monument Boundary Map be amended as depicted in
Exhibit "A" and that the following issues be addressed in a revised Santa Rosa and San Jacinto
Mountains National Monument Act of 1999 bill:
1) That a precise National Monument Boundary Map be incorporated into the proposed Act and
that the boundaries adjacent to the City of Palm Springs and the Agua Caliente Indian
Reservation shall not be amended,adjusted,or modified without written consent ofthe City
of Palm Springs City Council and the Tribal Council of the Agua Caliente Band of
Cahuilla Indians; and
3)—That Section 2 on Findings shall be modified to include the following finding:
2)
"(7) The Congress intends that the National Monument boundaries will define the
outer boundaries of the lands necessary to manage the Peninsular Bighorn Sheep, and that
the Department of Interior and all of its agencies shall cooperate in private and Tribal
property owners' rights to own, manage, and develop properties outside of monument in
accordance with local land use plans. Congress intends that this provision shall be deemed
reasonable and necessary compensation for future loss of tax revenue to local government
due to the designation of the National Monument and future federal land acquisitions."
4) ThatSection 4 on Management Practices be modified to strengthen the restrictions pro-
3) hibiting regulations affecting buffer areas by adding the following concepts to subsection
(c):
(a) The Congress does not intend that the establishment or maintenance
of the National Monument interfere in any way with the development
of land, particularly that held in private ownership adjacent to the
National Monument. The Congress does not intend that Indian
Reservation, state, city, county, special district or privately owned
lands or interests in lands shall be contemplated or used as protective
perimeters or buffers around federally owned or managed lands
within the National Monument.
(b) The Secretary shall take all reasonably feasible actions to assist in the
development of non-government,privately owned lands within buffer
zones, including, but not limited to, allowing access to such lands
through the National Monument, to the extent those actions do not
unreasonably interfere with the protection of those values for which
the National Monument has been established.
-5) That Section 5 concerning Land Acquisition be amended as follows:
4)
(a) To prohibit acquisition of property by eminent domain and the appropriation of funds
therefore.
., . .
amenities)-
.
6)—That Section 4 on Management Practices be amended to add an additional subsection (f)
5) concerning Recreation and Trail Usage stating that the Congress believes that recreational
trail use should be a primary human use permitted in the Monument. Existing trails should
be preserved to the extent feasible, and shall be extended to promote recreational
opportunities.
6
NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council
act-E}ty-After and Tribal Council are to work cooperatively with Congresswoman Bono to
craft National Monument legislation which is consistent with the recommendations of the City
Council of the City of Palm Springs, and the Tribal Council of the Agua Caliente Band of
Cabuilla Indians.
ADOPTED this 4-st day of_Deeember -1999. 2000
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
City Manager City Clerk
Mayor
REVIEWED AND APPROVED AS TO FORM: zoez
ADOPTED THIS DAY OF 2000
TRIBE
TRIBAL COUNCIL OF THE AGUN
CALIENTE BAND OF CAHUILLA INDIANS,
a Federally-recognized tribe
Richard Milanovich, Chairman
Approved as to Form:
Tribal Attorney