City Council
MEETING DATE: 11/8/2017
TITLE:
Title
Amended and Restated Land Use Contract between City and Agua Caliente Tribe
End
FROM:
Charles P. McClendon, City Manager
Eric S. Vail, City Attorney
RECOMMENDATION:
Recommendation
Staff recommends the City Council approve the Amended and Restated Land Use Contract between the City and the Agua Caliente Tribe and authorize the Mayor to execute the Contract
Body
BACKGROUND:
As a sovereign power, the Agua Caliente Band of Cahuilla Indians (the "Tribe") has land use regulatory authority over lands within their Reservation. Lands within the Reservation are either "Tribal Trust Lands" (land held in trust by the United States for the benefit of the Tribe), "Allotted Trust Lands" (land held in trust by the United States for the benefit of a member of the Tribe), and "On-Reservation Fee Lands" (land owned in fee by members or non-members for the Tribe that is within the boundaries of the Reservation). The Tribe has full authority to regulate land use on Tribal Trust Lands and Allotted Trust Lands, but the authority to regulate land use on On-Reservation Fee Lands is limited to situations where the owner has consented to such regulation or the owner undertakes activities that affect the political integrity, the economic security, or the health or welfare of the Tribe.
As the Tribe's Reservation is dispersed throughout the City, the Tribe has coordinated their land use regulation of certain Reservation lands with the City. In 1984, the City and the Tribe entered into an agreement whereby the Tribe agreed to subject Allotted Trust Lands located within the City subject to all land use laws, ordinances, codes, rules, regulations, or other similar enactments of the State and of the City, with certain exceptions (the "1984 Land Use Agreement"). Subsequent to the approval of the 1984 Land Use Agreement, the Tribe adopted Tribal Ordinance No. 10(b) making the City's land use and related regulations applic...
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