HomeMy WebLinkAboutCC Reso 2017-14 RESOLUTION NO. 2017-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL
CITY, CALIFORNIA, SUPPORTING THE FEE-TO-TRUST APPLICATION
OF THE AGUA CALIENTE BAND OF CAHUILLA INDIANS FOR THAT
CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF
CATHEDRAL CITY AND ACCEPTING A FIRE STATION
CONTRIBUTION FROM THE CITY URBAN REVITALIZATION
CORPORATION FOR THE RELOCATION OF EXISTING FIRE STATION
411
WHEREAS, the City of Cathedral City ("City") desires to cooperate with the Agua
Caliente Band of Cahuilla Indians n s ( Tri be ) in the redevelopment of approximately 12.5
acres of real property located at the northwest corner of Date Palm Drive and Palm
Canyon Drive within the City of Cathedral City (the "Site") and an additional 14,009
square feet of real property located adjacent to the Site (the "Adjacent Parcels")
(collectively, the "Site" and "Adjacent Parcels" shall be referred to herein as the
"Development Site"); and
WHEREAS, the Tribe will provide funds to the City Urban Revitalization
Corporation ("CURC") to assist with the relocation of the existing Fire Station 411
currently located on a parcel within the Site and subsequent construction of a new Fire
Station 411 on a parcel outside the boundaries of the Site (the "Fire Station
Contribution"); and
WHEREAS, in order to promote the significant economic benefits that
redevelopment of the Development Site will bestow, the Tribe will develop in phases,
construct and operate an entertainment and gaming facility on the Development Site,
together with related amenities that may include a hotel, food and beverage facilities,
retail outlets, and ancillary buildings and enterprises all of which may provide an incidental
benefit to the gaming facility; and
WHEREAS, in order for the Tribe to operate a gaming facility at the Development
Site, the Tribe is required to submit and obtain approval of the United States Secretary of
the Interior (the "Secretary") or his designee of a fee-to-trust application for gaming
purposes; and
WHEREAS, the Tribe desires to submit a fee-to-trust application for gaming
purposes to the Secretary or his designee in accordance with the requirements of the
Indian Gaming Regulatory Act (25 U.S.C. §§ 2701-2721), the Indian Reorganization Act
(codified as amended at 25 U.S.C. §§ 5101 et seq., previously codified at 25 U.S.C. §§
461 et seq.), and 25 CFR Parts 151 and 292; and
WHEREAS, the City desires to support the Tribe's fee-to-trust application for
gaming purposes and accept the Fire Station Contribution for the purposes set forth
herein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL
CITY, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The City of Cathedral City supports the Tribe's fee-to-trust
application for gaming purposes in that the Tribe's application will not negatively affect
the regulatory jurisdiction of the City, City tax revenues or any special assessment and
that the net financial impact of Secretarial approval will be positive to the City.
SECTION 2. The City of Cathedral City will accept the Fire Station Contribution
from CURC to use in accordance with the purposes set forth herein.
SECTION 3. The City of Cathedral City acknowledges and agrees that the Fire
Station Contribution constitutes "a payment to su pp ort operating expenses and capital
improvements for non-tribal governmental agencies or facilities operating within [the
City of Cathedral City]" pursuant to Sections 5.3(a)(i) and (iii) of the 2016 Tribal-State
Compact between the State of California and the Agua Caliente Band of Cahuilla
Indians. The City further acknowledges and agrees that (i) the Fire Station Contribution
is mutually beneficial to CURC, the City,,and Tribe in that it will allow improved fire
protection that serves the off-Reservation needs of City residents as well as on-
Reservation needs of the Tribe, (ii) the Fire Station Contribution does not constitute
"mitigation" or "compensation" required under an intergovernmental agreement or as a
result of environmental review related to any proposed project for the Development Site,
and (iii) to the extent the Fire Station Contribution is determined to constitute "mitigation"
or "compensation" as set forth above, the amount of the Fire Station Contribution is
adequate mitigation or compensation in that it specifically contemplates an increased
demand for fire protection services that may be required as a result of future
development of the Development Site as an entertainment and gaming facility.
SECTION 4. The City Clerk shall certify and attest that the forgoing is a true and
full copy of a Resolution of the City Council of the City of Cathedral City adopted at a
duly convened meeting on May 10, 2017, which has not been altered, amended or
repealed; shall certify and attest to the passage and adoption of this Resolution; shall
enter the same in the book of original resolutions of said City; and shall make a minute
of passage and adoption thereof in the records of the proceedings of the City Council of
said City, in the minutes of the meeting at which this Resolution is passed and adopted.
SECTION 5. This Resolution shall take effect immediately upon adoption.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
of the City of Cathedral City held thisl0th day of May, 2017.
[SIGNATURES ON FOLLOWING PAGE]
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tanley E. 'hry, Mayor
ATTEST:
Gary . Howell, Cit, Clerk
APPROVED AS TO FORM:
Eric S. Vail, Ci y Attorney
I, GARY F. HOWELL, CITY CLERK of the City of Cathedral City, do hereby certify that
the foregoing Resolution was introduced and adopted at a regular meeting of the City
Council held on the 10th day of May, 2017 by the following vote:
Ayes: Council Members Aguilar, Carnevale and Kaplan; Mayor
Pro Tem Pettis and Mayor Henry
Noes: None
Absent: None
Abstain: None ilt4_4(deri!
Ga ' . Howe, City Cl-
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