HomeMy WebLinkAboutContract 73-2 •
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CCNTnACT
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3I This agreement is made this 17th day of January, 1984 '
4 by and between the City of Cathedral City, California. a muni-
51 cipal corporation, acting by and through its duly constituted
6 City Council (hereinafter referred to as the 'City') and the
? Aqua Caliente Band of Cahuil'-a Indians, a federally-recocni-ed
81 Indian tribe, acting by and through its duly 'Const'_` Tribal
91 Council (hereinafter referred to as the Tribe")
101
/11 Statement of Facts and Purpose •
12; 1. As incorporated in 1982, the City has within its
131 geographical borders approximately 3,048 acres of land which
141 are included in the Aqua Caliente Indian Reservation. Of these
15 3,048 acres, 1,373 acres are lands allotted to and held in trust
161 by the United States for various members of the Tribe who have
171 leased their said lands; 1,110 acres are lands allotted to and
• 18; held in trust by the United States for various members of the
191 Tribe who have not leased their said lands; 40 acres are lands
201 allotted to and held in trust by the •United Stated for various
21 members of the Tribe who have placed the said lands under option
22' to lease: and 525 acres 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
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25 ' trust status.
25 2. Under applicable decisions of the federal courts, it
27 has became clear that the land use controls of no city in Cali-
281 fornia apply to the trust lands of any Indian reservation.
29 3. The Band, acting through its Tribal Council. has the
301 authority under and is charged by its Constitution to protect
31 and advance the interests of its members, including taking•
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32 appropriate steps to promote the orderly and expeditious .
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1 , enforcement and general administration of the said measures with
21 respect to the said lands. with full authority to act as such.
3; except as noted below. For purposes of clarification and example.
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4 but not limitation, the kinds of items within this agency include:
5 ! a. building and utility permits +
6 , b. changes of tone
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c. variances from toning requirements
8I d. conditional use permits a
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g ; e. planned development district permits
10 I f. tentative and final tract and parcel maps
11 g. changes or amendments to the general plan
• • 12 ; h. enforcement of toning and building codes
13 ! i. compliance with state environmental requirements
• 14 , j. matters directly related to the above, except
15 , as noted below
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' 16 . 3. Upon being so designated, the City will commence and
17 con hue to "act as the Band's agent for the purposes described
18 herein with respect to the said lands held in trust for Indians
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19 : and located within the City's boundaries.
Z3 , 4. As partial consideration for so acting as the Band's
21 agent, the City may collect and retain all fees as they now exist
Z2 : or may exist in the•future which provide direct compensation to
• 23 the City for its actual costs in carrying out its duties as the .
24 Band's agent. However, the scope of this agency does not include
• 25 ; the imposition. levying, collection, or use of any fees which
26 ' are intended or operate to raise revenue for general or specific
• 27 ' purposes not directly related to fair compensation for the City's
28 actual direct costs in performing its above duties as the Band's
1 29 agent. This exception is intended to exclude from the scope of
30 ; the agency fees for drainage and flood control purposes, support
31 of public schools, general developer's fees; etc., which are more
• 32 revenue-raising measures than fair compensation for actual costs
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i Tribe
1 other sitters within the scope of the agency, the and City i
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. 21 will develop procedures to give to the Sand'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
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51 and present its recommendations to the Tribal Council which, 1in . .
61 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. 4
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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
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18 ' project or application existing or in process pursuant to
19 , previously granted approval by the City shall continue to be
201 bound by the terms and conditions of such approval. • •
21 ' IN WITNESS WHEREOF, the parties hereto have executed this ' •
221 agreement by their respective authorised officers the day and
231 year first above written. • . .
24 ' ACJA C?LI1T BAND OF CAHUILI INDIANS :
Chairman, T:.oal Council
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28 CI= or CATREDRAL CITY. CALIFORNIA .
30 • by ./ Mayor
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Aam S
AGUA _ DENTE BAND OF CAIIUILLA I,_ ANS
ORDINANCE NO. 10
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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
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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a. buildi , and utility permits
b. changes of zone
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• 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 Ci}ry 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 in ►►.i.:: ordinance is i.nl:cnde. ':o or will in any
way limit or waive the sovereign or governmental immunity from •
suit enjoyed by either the Agua 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
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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
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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. .
ue Short, Acting Chairman
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• ion �t f
Richard Milanov•ch, Secretary
Glori. Gillette, Proxy Council Member
(1---c
Eugene Segun , Jr. , Councilmember
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ucille Grace Belardo Totro; Councilmember
ADOPTED: January 24, 1984 •
SUPPLEMENT NO. 1
to
Contract Regarding Land Use
between
The Aqua 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 I=ndians , a
federally-recognized Indian tribe acting through its
duly-constituted Tribal Council ( hereinaf. er, the "Tribe" ) , and
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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 Contract 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 ,
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" ) ; ¶b ( "to enact ordinances and resolutions }pertaining
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 Agua Caliente Reservation. . . " ) ; and 51 ( "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 Q' 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 59 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
by: yut 0f •h12,,,Ni,"_„01
Richard M. Milanovich, Chairman,
Tribal Council
CITY OF CATHEDRAL CITY
by:
40',401
7
obert Hillery, Mayo
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