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HomeMy WebLinkAbout2/2/2000 - STAFF REPORTS (16) DATE: January 19, 2000 TO: City Council FROM: Director of Planning & Building 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 Monument. 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. 3 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 a joint resolution between the two Counci Is. 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. k 7 DOUG S R. EVANS, Director Planning and Building DA LAS FLICEK, Acting City Manager Attachments: I. Resolution No. 19694 2. Draft Resolution (legislative draft) I,�a RESOLUTION NO. 19694 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA RECOMMENDING MODIFICATION TO THE BOUNDARY MAP AND TEXT OF THE SANTA ROSA AND SAN JACINTO MOUNTAINS NATIONAL MONUMENT ACT OF 1999. 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 of the 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 WHEREAS,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 tt17074 , 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 aprecise 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 ofproperty 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, T.4.S., R.4.E., S.B.B.M. to the City, or authorized designee, for the purpose of allowing limited public recreation (golf course amenities). �yA�3 R1g694 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 1st 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 REVIEWED AND APPROVED AS TO FORM:_ 11WRESY CERTIFY T FOREGOING IS A TRUE COPY C RESOLUTION N DULY ADOPTED BY T? CITY COUNCIL OF THE CITY OF PAI.1l SPRISO IN A MEETING MREOF HELD ON THE l!& DAY OF DATED AT PALM SPRING ALIFID TM8 (41�—DAY OF C=OF PALM BPRRM CAIaF MA daLlundf R03E R04E R051 All N}, { 76,EXHIBIT A I. * ' Proposed National ' P Monument Boundaries � e d J . 1 e ; Palm Springs �'�� ,✓"�, was' � '�� .+ ��,w. •�� � ,�+•r ` , IqA< OW ff f ti 1 1. RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA AND THE TRIBAL COUNCIL OF THE AGUA 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 Cahuilla Indians (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 (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 Gana as and Tribe have reviewed the proposed Santa Rosa and San Jacinto Mountains National Monument Act of 1999 (National Monument); and WHEREAS,the City GathieiR+fts and Tribe have determined that the proposed National Monument affects extensive areas within the City of Palm 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 $1e Na 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,some persons have owned land wititin the proposed Natiottal?YlonumetA boundary-for as much as 100 years;and their rights'-- d-evel 1-1 eases prohibited by the Nafiatial Monument designation-,7aftd WHEREAS,the City C nei1 is and Tribe are concerned that the National Monument as proposed wiI I 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 Gotineil desifes and Tribe desire 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 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 reeoffinlends 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: I) 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)—That Section 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. -S) That Section 5 concerning Land Acquisition be amended as follows: 4) (a) To prohibit acquisition ofproperty by eminent domain and the appropriation of funds therefore. ti=ror-iicmir VT A A or designee, for the purposee of �� amenities). tigress southerly 1 0-0-aeres of the 'radcrdanaBIi- TaJeet-&4-faii'�set vaiiie. 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 traits should be preserved to the extent feasible, and shall be extended to promote recreational opportunities. 11*3 �yBy� NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council and-Giity-Attorney 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 Cahuilla Indians. ADOPTED this Tst day of_Becemroer 1-999 2000 AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Manager City Clerk Mayor REVIEWED AND APPROVED AS TO FORM: f ADOPTED THIS DAY OF 2000 TRIBE TRIBAL COUNCIL OF THE AGUA CALIENTE BAND OF CAHUILLA INDIANS, a Federally-recognized tribe Richard Milanovich, Chairman Approved as to Form: Tribal Attorney