HomeMy WebLinkAboutContract 73-3 . , .
LAND USE REGULATION
AGREEMENT
BY AND BETWEEN
THE CITY OF CATHEDRAL CITY
AND
THE AGUA CALIENTE BAND OF CAHUILLA INDIANS
THIS LAND USE REGULATION AGREEMENT, is made and entered into this
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day of •Ju C , 1997 by and between the City of Cathedral City, a
municipal corporation located in the County of Riverside, State of California,
hereinafter referred to as the "City" and the Agua Caliente Band of Cahuilla Indians,
a federally-recognized Indian tribe, acting by and through its duly constituted Tribal
Council, hereinafter referred to as "Tribe".
RECITALS:
1. The parties in interest include the Agua Caliente Band of Cahuilla Indians,
a federally-recognized Indian tribe, which serves as the local government of the Agua
Caliente Indian Reservation in a manner and capacity similar to other Indian tribes, with
offices at 960 East Tahquitz Way, Suite 106, Palm Springs, California 92762 and the City
of Cathedral City, California, a municipal corporation, which serves as the local
government of all land situated within the city limits of Cathedral City, except as otherwise
provided by law, and functions in a capacity similar to other general law cities with offices
at 35-325 Date Palm Drive, Suite 239, Cathedral City, California 92234.
2. The scope of the Tribal Council's authority to enter into this Land Use
Regulation Agreement includes, but is not necessarily limited to the following: the
Constitution and By-laws of the Agua Caliente Band of Cahuilla Indians (adopted on July
28, 1955, as amended and approved by the Commissioner of Indian Affairs on April 18,
1957), Article V ("Powers of the Tribal Council"), including Paragraph a (To administer the
affairs and manage the business of the Band; to regulate the use and disposition of tribal
property; to protect and preserve the tribal property . . . to protect the security and general
welfare of the Band and its members"); Paragraph b ("to enact ordinances and resolutions
pertaining to tribal affairs and to take all proper means to enforce the same"); Paragraph
I ("To promulgate and enforce assessments or permit fees upon non-members doing
business and obtaining special privileges on the Agua Caliente Reservation . . ."); and
Paragraph I ("To negotiate with . . . local governments on behalf of the Band").
3. The Department of the Interior has recognized the Tribal Council's authority
to execute an agreement between the tribe and another jurisdiction. (See the letter on
November 12, 1977 form Undersecretary James A. Joseph to Mayor of City of Palm
Springs, a copy of which is found as Exhibit 0 to the legal memorandum to Assistant
Secretary Swimmer from the Tribal Attorney, dated September 26, 1986, in which the
Undersecretary states "We recognize the authority and jurisdiction of both governments,
77,
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tribal and state, to enter into this agreement."
4. Sections 2 and 14 are part of the Agua Caliente Indian Reservation and
adjoin the east boundaries of the City of Cathedral City north of Varner and Ramon Roads.
5. Sections 2 and 14 constitute two square miles of land which is currently
situated in unincorporated territory of the County of Riverside.
6. Sections 2 and 14 are currently subject to that certain land use agreement
with the County of Riverside entitled Riverside County/Agua Caliente Band of Cahuilla
Indians Land Use Contract (the "County Land Use Contract").
7. Section 15 of the County Land Use Contract provides that "[either party may
terminate this contract, without prejudice to any legal position thereafter asserted, upon
thirty (30) days written notice to the other party."
8. In close proximity to Sections 2 and 14, there are trust lands of the Agua
Caliente Indian Reservation interspersed geographically among the non-reservation lands
within the City which are currently subject to the City's land use planning policies,
ordinances and regulations pursuant to that certain Contract executed by the parties on
• or about January 17, 1984 and supplemented thereafter on or about February 18, 1987.
9. Under applicable decisions of the federal courts, the Tribe and the City
acknowledge that the land use controls of the cities of California do not apply to the trust
lands of any Indian Reservation.
10. The Tribe, however, has the authority under and is charged by its
Constitution to protect and advance the interests of its members, including taking
appropriate steps to promote the orderly and expeditious development of all trust lands of
the reservation.
11. The Tribe has determined that it is in the best interest of the Tribe, and its
constituents, to have the City's land use planning policies, ordinances and regulations to
apply to Sections 2 and 14 so that such lands may be developed in a manner that is
consistent with the development and/or development potential of the Agua Caliente Indian
Reservation trust lands which are situated within the existing jurisdictional boundaries of
the City of Cathedral City.
12. The Tribe desires to have a uniform and unified land use planning and land
use administration process for all Agua Caliente Indian Reservation trust lands which are
situated within the existing jurisdictional boundaries of the City and/or adjacent to the City's
boundaries and in close proximity to the other trust lands located within the City's
boundaries to ensure effective coordination of the development of all such trust lands.
Land Use Regulation Agreement Page 2.
a
NOW, THEREFORE, in consideration of the mutual conditions and promises
contained herein, and based on the recitals set forth above and the
acknowledgments set forth below, the parties recognize that it is in their mutual best
interest and benefit to agree as follows:
Section 1. LEGISLATIVE ENACTMENTS
Within ten days after the execution of this Agreement, the Tribe will enact an
ordinance or resolution by which the Tribe, acting on its own sovereign authority, adopts
and makes applicable to all land of the Agua Caliente Indian Reservation, held in trust by
the United States, which are located within Sections 2 and 14 adjacent to the jurisdictional
boundaries of the City of Cathedral City, as depicted on the Map, attached hereto as
Attachment "A" and incorporated herein by this reference as though set forth at length, all
of the laws, ordinances, codes, rules, regulations, or other similar enactments of the State
of California and of the City, as they now exist and as they may exist in the future, which
govern, regulate, limit, zone, or otherwise control the use and/or development of land
within the City. Notwithstanding the foregoing, said ordinance shall take effect no sooner
than the effective date of the termination of the County Land Use Contract as it applies to
Sections 2 and 14. The Tribe shall take any and all actions as are reasonably necessary
to terminate the County Land Use Contract as it applies to Section 2 and 14 pursuant to
Section 15 of the Contract, including but not limited to providing the County with the
requisite "Notice of Termination" of the County Land Use Contract upon execution of this
Agreement.
Section 2. AGENT
By the same ordinance or resolution the Tribe will designate the City to be and to
act as the Tribe's agent in the enforcement and general administration of the said
measures with respect to the said lands, with full authority to act as such, except as noted
below. For purposes of clarification and example but not limitation, the kinds of items
within this agency include :
a. Building and utility permits
b. Zone changes
c. Variances from zoning requirements
d. Conditional use permits pertaining to uses other than Outdoor
Advertising Displays as that term is defined in the Cathedral City
Zoning Ordinance
e. Planned development district permits
f. Tentative and final tract and parcel maps
g. Changes or amendments to the general plan
h. Enforcement of zoning and building codes
Compliance with state environmental requirements
Land Use Regulation Agreement Page 3.
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j. Matters directly related to the above, except as noted below.
Upon being so designated, the City will commence and continue to act as the
Tribe's agent for the purpose described herein with respect to the said lands held in trust
for Indians and located within the City's boundaries.
Section 3. FEES
a. As partial consideration for so acting as the Tribe's agency, the City may
collect and retain all fees as they now exist or may exist in the future which provide direct
compensation to the City for its reasonable costs in carrying out its duties as the Tribe's
agent.
b. The scope of this agency does not include the imposition, levying, collection,
or use of any fees which are intended or operate to raise revenue for general or specific
purposes not directly related to fair compensation for the City's actual direct costs in
performing its above duties as the Tribe's agent. This exception is intended to exclude
fees for drainage and flood control purposes, support or public schools, general
developer's fees, etc., which are more revenue-raising measures than fair compensation
for actual costs incurred.
c. As to all such revenue-raising measures and fees, the City will propose to
the Tribe all such measures and fees in advance of their adoption and will demonstrate to
the Tribe the extent to which such fees and measures will benefit the lands to be
assessed. On receipt of such showing by the City, the Tribe will by resolution either
specifically decline to make the fee or measure in question apply to the lands covered by
this Agreement, or adopt a resolution specifically adopting and making applicable to the
said lands the fee or measure in question as if that fee or measure had been within the
scope of the City's agency initially.
Section 4. LIMITATIONS
a. This Agreement is not intended to nor will in any way limit or waive the
sovereign or governmental immunity from suit enjoyed by either party.
b. This Agreement is not intended to nor will in any way limit or impair the
authority and duty of the U.S. Department of the Interior and Bureau of Indian Affairs to
negotiate, execute, or otherwise administer existing and future leases of trust lands.
Section 5. APPEALS
Any person aggrieved by a final action of the City in matters within the scope of this
agency affecting Indian trust lands may appeal to the Tribe's Council for relief. Said Tribal
Land Use Regulation Agreement Page 4.
QJ.
Council in accordance with procedures to be established, after notice and opportunity for
hearing and on the basis of the entire record, may affirm, reverse or modify any decision
of said City Council on such a matter affecting Indian trust lands and the decision of the
Tribal Council shall be final. In no event shall the Tribal Council act finally on an appeal
before meeting jointly with the City Council to review said appeal.
Section 6. NOTICE AND RECOMMENDATIONS
In order to facilitate the representation of the Tribe's views regularly to the City on
matters within the scope of the agency as part of the normal processing of applications and
other matters within the scope of the agency, the Tribe and the City will develop
procedures to give the Tribe's Planning Commission advance notice of all such matters
so that the Tribe's Planning Commission will be able to evaluate all such matters and
present its recommendations to the Tribal Council which, in turn, will present its
recommendation to the City in time for such recommendations to be considered by the
City's staff and City Council.
Section 7. BEST EFFORTS
The parties will exert their best efforts to keep this Agreement in good standing and
to serve as the basis for a mutually beneficial relationship which will encourage and assist
the uniform and unified development of all Indian trust lands within Sections 2 and 14 and
within the City in an expeditious, orderly, professional and sound manner.
Section 8. TERMINATION
Either party may terminate this Agreement, without prejudice to any legal position
thereafter asserted, except as hereafter provided, upon thirty (30) days written notice to
the other party. In the event of termination of this Agreement, any project or application
existing or in process pursuant to a previously granted approval by the City shall continue
to be bound by the terms and conditions of such approval.
Section 9. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs or sections contained
herein is declared invalid, void or unenforceable by a court of competent jurisdiction, the
same shall be deemed severable from the remainder of this Agreement and shall not
affect, impair or invalidate any of the remaining sentences, clauses, paragraphs or
sections contained herein.
Section 10. DUPLICATE COPIES
Each party to this Agreement shall be provided with duplicate copies.
Land Use Regulation Agreement Page 5.
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Section 11. AUTHORITY
The persons executing this Agreement on behalf of the parties hereto warrant that
they are duly authorized to execute this Agreement on behatf of said parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the dates written below.
CITY OF CATHEDRAL CITY AGUA CALIENTE BAND OF
CAHUILLA INDIANS
By: --�"' - By:
David Berry, Mayor Chairman, Tribal Council
.
By: , d/Ai/
Ged'rge Tri ppell•i, City anager
By:
Aguilera, Community
Development Director
ATTEST:
By: ��� //G . -g-e&
Donna Velotta, City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
et &-, By:
Steven B. a uiritanilla, City
Attorney
CATH10038/00C/001(5122197)
Land Use Regulation Agreement Page 6.
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APPROVAL
Pursuant to Section 2103 of the Revised Statutes of the United States (25
U.S.C. Section 81), this Land Use Agreement by and between the City of Cathedral
City and the Agua Caliente Band of Cahuilla Indians is hereby approved.
Date:
Department of Interior
Bureau of Indian Affairs
03,
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SUPPLEMENT NO. 1
to
Contract Regarding Land Use
between
The Agua Caliente Band of Cahuilla Indians
and
The City of Cathedral City, California
This supplement is made this 18th day of February, 1987 by
and between the Agua Caliente Band of Cahuilla Indians , a
federally-recognized Indian tribe acting through its
duly-constituted Tribal Council ( hereinafter, the "Tribe" ) , and
the City of Cathedral City, California, a municipal corporation
( hereinafter, the "City" ) as specified below.
Background
On January 17 , 1984 the Tribe and the City executed a
contract by which ( 1) the Tribe agreed to adopt all of the City' s
land use regulations as its own and apply them to the trust lands
of the Agua Caliente Indian Reservation located within the City,
( 2 ) the Tribe designated the City to be and to act as the Tribe ' s
agent to enforce those land use regulations on the trust lands
of the Agua Caliente Indian Reservation, ( 3 ) the parties agreed
to an appeal procedure, and ( 4 ) the City accepted these
responsibilities . At this time neither party believed that this
Contract of January 17 , 1984 required the approval of the
Secretary of the Interior under 25 U.S .C. §81, as the Department
of the Interior had so informed the Tribe previously. For this
reason, no such approval was obtained at the time for the Contract
of January 17 , 1984 and some of .the recitals required by 25
U.S .C. §81 were omitted from the said document.
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Purpose
Because the federal courts and the Department of the Interior
now both believe that the scope of the approval requirement of
25 U.S.C. §81 is much broader than the parties and the Department
of the Interior believed in 1984 , the Tribe and the City have
formally requested the approval of the above Contract ,of January
17 , 1984 under 25 U.S . §81 on December 10 , 1986 . In order to
enable the Secretary of the Interior to give such approval, the
parties now wish to amend the said Contrast of January 17 , 1984 ,
by adding to it the following recitals required by 25 U.S .C.
§81 :
Recitals
1. Parties in Interest:
a. Agua Caliente Band of Cahuilla Indians , a federally-
recognized Indian tribe and local government of the Agua Caliente
Indian Reservation performing the normal functions of such Indian
tribes , with offices at 960 East Tahquitz Way, Suite 106 , Palm
Springs, California 92262 .
b. City of Cathedral City, California, a municipal
corporation and the local government of all land within its city
limits , except as otherwise provided by law, performing all of
the normal functions of such cities, with offices at 68-625 Perez
Road, Cathedral City, California.
c. Scope of Tribal Council' s authority to execute
Contract of January 17 , 1984 : Constitution and By-Laws of the
Agua Caliente Band of Cahuilla Indians (adopted on July 28 , 1955 ,
4
as amended, and approved by Commissioner of Indian Affairs on
April 18 , 1957 ) , Article V ( "Powers of the Tribal Council" ) ,
including la ( "To administer the affairs and manage the business
of the Band; to regulate the uses and disposition of tribal
property; to protect and preserve the Tribal property. . . to
protect the security and general welfare of the Band and its
members" ) ; Ab ( "to enact ordinances and resolutions ipertaining
to tribal affairs and to take all proper means to enforce the
same" ) ; $i ( "To promulgate and enforce assessments or permit
fees upon non-members doing business 'and obtaining special
privileges on the Aqua Caliente Reservation. . . " ) ; and 11 ( "To
negotiate with. . . local governments on behalf of the Band" ) .
The Department of the Interior has recognized the Tribal Council ' s
authority to execute such a Contract . See the letter of November
12 , 1977 from Undersecretary James A. Joseph to Mayor of City
of Palm Springs , a copy of which is found as Exhibit 0 to the
legal memorandum to Assistant Secretary Swimmer from the Tribal
Attorney, dated September 26 , 1986 , in which the Undersecretary
states "We recognize the authority and jurisdiction of both
governments, tribal and state, to enter into this agreement. "
d. Reason for Tribal Council to exercise its authority
to execute Contract of January 17 , 1984 : See I' s 1-5 of Statement
of Facts and Purpose of Contract of January 17 , 1984 .
2 . Place made: The Contract of January 17 , 1984 was
executed at Cathedral City, California.
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3 . Term. The term of the Contract of January 17 , 1984
will be until July 4 , 2076 or until the expiration of the 30
days of written notice of termination specified in 19 of the
said contract, whichever occurs first.
4 . In all other respects , the said Contract ;of January
17 , 1984 remains in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this
Supplement No. 1 at Cathedral City, California on the day and
year first above written.
AGUA CALIENTE BAND OF
CAHUILLA INDIANS
bye 1 .
h_LJ
Richard M. Milanovich, Chairman,
Tribal Council
CITY OF CATHEDRAL CITY
by: 14/
obert Hillery, Mayo
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dams
AGUA DENTE BAND OF CAHUILLA I._ ANS
ORDINANCE NO. 10
An Ordinance Adopting and Making Applicable
to All Trust Lands of the Agua Caliente Indian Reservation
Located Within the City •Limits of the
City of Cathedral City, California
the Land Use, Land Planning,
Land Development, and Related Regulations
of the Said City and of the State of California
WHEREAS, the Tribal Council of the Agua Caliente Band of
Cahuilla Indians, a federally-recognized Indian Tribe, is the duly
recognized and acting governing body of the said Band with the
power and responsibility under its Constitution and By-Laws, as
4
amended and as approved by the Commissioner of Indian Affairs or
his authorized representative, to promulgate, enact, adopt, and
enforce ordinances, regulations, and similar enactments regarding
the planning, use, and general development of all lands of the. .
Agua Caliente Indian Reservation held in trust for any Indian by
the United States; and
WHEREAS, the said Tribal Council finds that the orderly,
expeditious, and professionally sound development of the approxi-
mately 2,523 acres of such trust land now located in that portion
of the Agua Caliente Indian Reservation within the city limits of
the City of Cathedral City, California, will be best promoted by
the adoption at this time by. the Band, acting through its Tribal
Council, of a comprehensive set of laws, ordinances, regulations,
codes, rules, and similar enactments regarding land planning, land
use, and land development; and
WHEREAS, the Tribal Council has consulted with its staff and
with the members of the Band and has reached a consensus that the
laws, ordinances, regulations, codes, rules, and similar enact-
ments of the City of Cathedral City and the State of California,
with certain exceptions, are the most appropriate set of such
matters for the said approximately 2,523 acres and would be
superior to any independent such set which the Band itself might
originate; and
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WHEREAS, the Band, acting through its Tribal Council, and the
City of Cathedral City, acting through its authorized representa-
tive, have today entered into a contract by which (1) the Band
agrees to adopt and to make applicable to the trust lands of the
Agua Caliente Indian Reservation located within the city limits of
the said City all of the laws, ordinances, regulations, codes,
rules, and similar enactments, with certain exceptions, of the
City of Cathedral City and State of California as the Band's own
with respect to the said approximately 2,523 acres; and (2) the
Band designates the City of Cathedral City to be and to act as
the Band's agent for the enforcement of the said measures on the
said lands, subject to appeal to the Tribal Council; and
WHEREAS, the said contract requires that, within 10 days of
its execution, the Band will adopt an ordinance to effectuate the
said contract;
NOW, THEREFORE, BE IT ORDAINED by the Tribal Council of the
Agua Caliente Band of Cahuilla Indians that:
1. All of the laws, ordinances, codes, rules, regulations,
or other similar enactments of the State of California and of the
City of Cathedral City, as they now exist and as they may exist in
the future, except as provided below, which govern, regulate, limit,
zone, or otherwise control the use and/or development of all of the
. lands which are held in trust for individual Indians by the United
States and which are located within the present or future city
limits of the City of Cathedral City are hereby adopted as the
Band's own such measures and are hereby made applicable to the
said lands as the Band's own said measures.
2. The City of Cathedral City is hereby designated to be and
to act as the Band's agent for the enforcement and general adminis-
tration of the said measures with respect to the said lands, with
full authority to act as such, except as noted below. For purposes
of clarification and example, but not limitation, the kinds of
items within this agency include:
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nd
a. buildi , and utility permits
b. changes of zone
• c. variances from zoning requirements
d. conditional use permits
e. planned development district permits
f. tentative and final tract and parcel maps
g. changes or amendments to the general plan
h. enforcement of zoning and building codes
i. compliance with state environmental requirements
j. matters directly related to the above, except
•
as noted below
3. As partial consideration for so acting as the.Band's
agent, the City of Cathedral City may collect and retain all fees
as they now exist or may exist in the future which provide direct
compensation to the City of Cathedral City for its actual costs in
carrying out its duties as the Band's agent. However, the scope
of this agency does not include the imposition, levying, collection,
or use of any fees which are intended or operate to raise revenue
for general or specific purposes not directly related to fair com-
pensation for the City's actual direct costs in performing its
above duties as the Band's agent. This exception is intended to
exclude from the scope of this agency fees for drainage and flood
. control purposes, support of public schools, general developer's
fees, etc., which are more revenue-raising measures than fair
compensation for' actual costs incurred. As to all such revenue-
raising measures and fees, the City of Cathedral City will propose
to the Band all such measures and fees in advance of their adoption
and will demonstrate to the Band the extent to which such fees and
measures will benefit the lands to be so assessed. On receipt of
such a showing by the City of Cathedral City, the Band will by
resolution either specifically decline to make the fee or measure
in question apply to the lands covered by this contract, or adopt
a resolution specifically adopting and making applicable to the
said lands the fee or measure in question as if that fee or measure
had been within the scope of the City's agency initially.
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• - • 4 . Nothing i ti his ordinance it: i.nL•cnde' ':o or will in any
way limit or waive the sovereign or governmental immunity from
suit enjoyed by either the Aqua Caliente Band or the City of .
Cathedral City. Nothing in this ordinance is intended to or will
in any way limit or impair the authority and duty of the U.S.
Department of the Interior and Bureau of Indian Affairs to nego-
tiate, execute, or otherwise administer existing and future leases
of trust lands.
5. Any person aggrieved by a final action of said City in
matters within the scope of this agency concerning Indian trust
lands may appeal to the Band's Tribal Council for relief. Said •
Tribal Council in conformity with its Tribal Land Use Appeal
Ordinance No. 5, as it now exists or may be amended, may affirm,
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reverse or modify any decision of said City Council on such a
•
matter concerning Indian trust .lands and the decision of the
Tribal Council shall be final.
6. The Tribal Council expressly reserves the right to alter,
amend or repeal this ordinance if it determines that such action
is in the best interest of the Band.
7. This ordinance becomes' effective immediately upon its
adoption and will be promptly published in a newspaper of general
. • circulation in the City of Cathedral City for the information of
• the public. . . .
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ue Short, Acting Chairman
n
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1f P�1t e
• Richard Milanov'ch, Secretary • •
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Glori. Gillette, Proxy Council Member
•
/L c rcvj �2
Eug:ne SeguncJ�, Jr. , Couf►Cilmember
•
N._)/ucille Grace Belardo To ro;. Councilmember
•
ADOPTED: January 24, 1984 •
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\ • ...r`ti ` — • .. • :t"•• j: :lrr
1 CONTRACT
2
3 This agreement is made this 17th day of January, 1984
4 by and between the City of Cathedral City, California, a muni-
cipal corporation, acting by and through its duly constituted
6 City Council (hereinafter referred to as the "City") and the
7 Agua Caliente Band of Cahuilla Indians, a federally-recognized
8 Indian tribe, acting by and through its duly constituted Tribal
g Council (hereinafter referred to as the "Tribe") .
10
11 Statement of Facts and Purpose
12 1. As incorporated in 1982, the City has within its
13 geographical borders approximately 3,048 acres of land which
ti
14 are included in the Agua Caliente Indian Reservation. Of these
15 3,048 acres, 1,373 acres are lands allotted to and held in trust
16 by the United States for various members of the Tribe who have
17 leased their said lands; 1,110 acres are lands allotted to and
78 held in trust by the United States, for various members of the
19 Tribe who have not leased their said lands; 40 acres are lands
20 allotted to and held in trust by the .United State's for various
21 members- of the Tribe who have placed the said lands under option
22 to lease; and 525 adres were formerly allotted to and held in
23 trust by the United States for various members of the Tribe, but
24 have since passed into fee ownership and are no longer held in
25 trust status.
26 2. Under applicable decisions of the federal courts, it
27 has become clear that the land use controls of no city in Cali-
28 fornia apply to the trust lands of any Indian reservation.
29 3. The Band, acting through its Tribal Council, has the
3d authority under and is charged by its Constitution to protect
31 and advance the interests of its members, including taking
32 appropriate steps to promote the orderly and expeditious
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1 development of all trust lands of the reservation.
2 4. Because the trust lands of the Agua Caliente Indian
3 Reservation are interspersed geographically among the non-
4 reservation lands within the City, and to achieve the highest and
5 best use of all the lands of the City, both trust and non-trust,
6 the City and the Tribe have determined that it is in the interest
7 of both the City and the Tribe, and their respective constituents,
8 for there to be a uniform and unified planning and land use
g administration for all lands within the City.
10 5. Due to the desirability of having a uniform and unified
11 planning and land use administration for all of the lands of the
12 City, both trust and non-trust, rather than separate administra-
L3 tions for each of the two categories of land with little guarantee
14 of effective coordination between the two, the City and the Tribe
L5 now enter into this contract for their mutual interest and benefit
.6 in consideration of the mutual promises and undertakings described
,7. below:
.3 Terms of Agreement
9 1. Within ten days after the execution of this contract,
0 the Band will enact an ordinance or resolution by which the Band,
1 acting on its own sovereign authority, adopts and makes applicable
2 to all land of the Agua Caliente Indian Reservation held in trust
3 by the United States for any Indian and located within the City's
4 geographical boundaries as they now exist or may exist in the
5 future, all of the laws, ordinances, codes, rules, regulations,
6 or other similar enactments of the State of California and of the
7 City, as they now exist and as they may exist in the future,
3 except as provided below, which govern, regulate, limit, zone, or
otherwise control the use and/or development of all of the said
j trust lands.
2. By the same ordinance or-resolution the Band will
designate the City to be and to act as the Band's agent in the
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1 enforcement and general administration of the said measures with
2 respect to the said lands, with full authority to act as such,
'3 except as noted below. For purposes of clarification and example,
4 but not limitation, the kinds of items within this agency include:
5 a. building and utility permits
6 b. changes of zone
7 c. variances from zoning requirements
8 d. conditional use permits
9 e. planned development district permits
0 f. tentative and final tract and parcel maps
1 g. changes or amendments to the general plan
2 h. enforcement of zoning and building codes
3 i. compliance with state environmental requirements
4 j. matters directly related to the above, except
5 as noted below
3 3. Upon being so designated, the City will commence and
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7 continue to act as the Band's agent for the purposes described
3 herein with respect to the said lands held in trust for Indians
3 and located within the City's boundaries.
4. As partial consideration for so acting as the Band's
I agent, the City may collect and retain all fees as they now exist
! or may exist in the•future which provide direct compensation to
I the City for its actual costs in carrying out its duties as the
C.\\
Band's agent. However, the scope of this agency does not include
the imposition, levying, collection, or use of any fees which
c are intended or operate to raise revenue for general or specific
' purposes not directly related to fair compensation for the City's
actual direct costs in performing its above duties as the Band's
agent. This exception is intended to exclude from the scope of
the agency fees for drainage and flood control purposes, support
of public schools, general developer's fees; etc.', which are more
revenue-raising measures than fair compensation for actual costs
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1 incurred. As to all such revenue-raising measures and fees, the
2 City will propose to the Band all such measures and fees in
3 advance of their adoption and will demonstrate to the Band the
4 extent to which such fees and measures will benefit the lands
5 to be so assessed. On receipt of such a showing by the City,
6 the Band will by resolution either specifically decline to make
7 the fee or measure in question apply to the lands covered by this
8 contract, or adopt a resolution specifically adopting and making
9 applicable to the said lands the fee or measure in question as if
10 that fee or measure had been within the scope of the City's
11 agency initially.
12 5. Nothing in this contract is intended to or will in any
13 way limit or waive the sovereign or governmental immunity from
14 suit enjoyed by either party. Nothing in this contract is
15 intended to or will in any way limit or impair the authority and
16 duty of the U.S. Department of the Interior and Bureau of Indian
ti
17 Affairs to negotiate, execute, or otherwise administer existing
18 and future leases of trust lands.,
19 6. Any person aggrieved by a final action of said City in
20 matters within the scope of this agency affecting Indian trust
21 lands may appeal to the Band's Tribal Council for relief. Said
22 Tribal Council in accordance with procedures to be established,
23 after notice and dpportunity for hearing and on the basis of
24 the entire record, may affirm, reverse or modify any decision
25 of said City Council on such a matter affecting Indian trust
26 lands and the decision of the Tribal Council shall be final.
27 In no event shall the Tribal Council act finally on an appeal
28 before meeting jointly with the City Council to review said •
29 appeal.
30 7. In order to facilitate the presentation of the Band's
31 views regularly to the City on matters within the scope of the
32 agency as part of the normal processing of applications and
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a
•
I
1 other matters within the scope of the agency, the Tribe and City
2 will develop procedures to give to the Band's Indian Planning
3 Commission advance notice of all such matters so that the Indian
4 Planning Commission will be able to evaluate all such matters
5 and present its recommendations to the Tribal Council which;. in
6 turn, will present its recommendations to the City in time for
7 such recommendations to be considered by the City's staff and
8 City Council.
9 8. The parties will exert their best efforts to keep this
10 contract in good standing and to serve as the basis for a
11 mutually beneficial relationship which will encourage and assist
12 the uniform and unified development of all lands within the City
13 in an expeditious, orderly, and professionally sound manner.
14 9. Either party may terminate this contract, without
15 prejudice to any legal position thereafter asserted, except as
16 hereafter provided, upon thirty (30) days written notice to the
17 other party. In the event of termination of this contract, any
18 project or application existing or in process pursuant to
19 previously granted approval by the City shall continue to be
20 bound by the terms and conditions of such approval.
21 IN WITNESS WHEREOF, the parties hereto have executed this
22 agreement by their respective authorized officers the day and
23 year first above written.
24 AGUA CALIENTE BAND OF CAHUILLA INDIANS
25
26by Ir'1- ;`ter si? � �1 /I/•7Z)fj I
L_ .)
- Chairman, Tribal Council
27
28 CITY OF CATHEDRAL CITY, CALIFORNIA
29
30 by
Ma 7or
31
32
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