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HomeMy WebLinkAbout19694 - RESOLUTIONS - 12/1/1999 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 of their 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 Rt9694 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 (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: (a) To prohibit acquisition of property by eminent domain and the appropriation of Rinds therefore. ' (b) To authorize the Bureau of Land Management to grant a right-of-way, exchange, or sell portions of Section 16, TA.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). R19694 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 B � 5 °� q y City Manager City Clerk REVIEWED AND APPROVED AS TO FORM: vcr Lluryal R03E R04E R051 y1 � Y MO ""Tom'✓✓ I ~�t r + AF Y �. _ � I I t ; + 1 7T - � EXHIBIT A -1 Proposed National x 1 Monument Boundaries t PaIth �Springs _ ala u�l. Jt I � S a / r '444ff ra �(.