HomeMy WebLinkAbout19450 - RESOLUTIONS - 1/6/1999 RESOLUTION NO. 19450
OFTHE CITY COUNCIL OFTHECITYOF PALM SPRINGS,
CALIFORNIA, TO APPROVE A SUPPLEMENTAL
AGREEMENT FOR TRIBAL/CITY LAND USE
COORDINATION ON CERTAIN PARCELS BETWEEN THE
CITY OF PALM SPRINGS AND THE AGUA CALIENTE BAND
OF CAHUILLA INDIANS. '
WHEREAS,on July 26, 1977,theAgua Caliente Band of Cahuilla Indians,a federally recognized
Indian tribe(the Tribe),and the City of Palm Springs,a municipal corporation underthe laws ofthe
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 oflf ribal land use
measu res on all of the trust lands of the Agua Caliente Indian Reservation located within the city
limits of the City of Palm Springs. Subsequently,the Tribe and the City have executed Supplement
Nos.,1,2,3 and 4 to the Land Use Contract. The Assistant Secretary of the Interiorfor Indian Affairs
duly approved this Land Use Contractwith the first two supplements on May 18,1987 and the Tribal
Council duly approved the third and fourth supplements on December22,1994 and August 2,1995,
respectively; and
WHEREAS,at its regular October 7,1998 meeting,the City Council of the City of Palm Springs has
concurrently considered Supplement No.5 of the Land Use Contract,which removes all existing and
future lands acquired by the Tribe within the city limits of the City of Palm Springs from the provisions
of the Land Use Contract; and
WHEREAS,the Tribe and the City desire that with respect to the land removed from the Land Use
Contract by Supplement No.5,the parties wish to replace the land use approval process established
in the Land Use Contract with a new 90-day cooperative review process as described in
the"Agreement forTribal/City Land Use Coordination on Certain Parcels(Coordination Agreement)",
on file in the Office of the City Clerk; and
WHEREAS,the Tribe and the City have worked in a cooperative manner in the past review of Tribal
developments to discuss and incorporate community concems into Tribal development plans,and ,
believe that the process of the Coordination Agreement will promote orderly, efficient and
aesthetically pleasing development project on all lands with the Agua Caliente Indian Reservation;
and
WHEREAS, the City Council desires to enter into an agreement with the Tribe to provide an
opportunity for beneficial community input during the joint review process.
NOVI,THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs,California,
as follows:
Section 1. The supplemental land use agreement,entitled"Agreementfor Tribal/City Land
Use Coordination on Certain Parcels",between the City of Palm Springs and the
Agua Caliente Band of Cahuilla Indians, establishing refined processing and
notification procedures for lands currently owned by the Tribe andl'or acquired by
the Tribe in the future, is hereby approved.
Section 2. The City Managerand the City Clerk are hereby authorized to execute the said
Supplemental agreement regarding Tribal/City Land Use Coordination on Certain
Parcels on behalf of the City of Palm Springs.
ADOPTED this 61' day of Januanf , 1999.
AYES: Members Barnes, Oden, and Reller-Spurgin
NOES: Members Hodges and Mayor Kleindienst
ABSENT: None '
ATTEST: CITY OF(PALM SPRINGS, C I NIA
City Clerk (Cify Manager
REVIEWED BY: