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HomeMy WebLinkAboutCVAG - JPA Third Amndmnt - Torres Martinez� � � STAFF REPORT CITY OF PALM DESERT CITY MANAGER'S OFFICE MEETING DATE ' : ' : : ��7`�'1 August 27, 2020 Christopher Gerry, Management Analyst REQUEST: Approve an addendum to the third amendment and restatement of the joint powers agreement of the Coachella Valley Association of Governments admitting the Torres Martinez Desert Cahuilla Indians as a member of the Coachella Valley Association of Governments. Recommendation By minute motion, approve an addendum to the third amendment and restatement of the Coachella Valley Association of Governments Joint Powers Agreement, which establishes the Torres Martinez Desert Cahuilla Indians as formal members. Backqround On December 2, 2019, the Coachella Valley Association of Governments (CVAG) Executive Committee unanimously voted to allow the Torres Martinez Desert Cahuilla Indians (Tribe) to re-establish CVAG membership. Subsequently, two-thirds of the CVAG member agencies must approve the proposed addendum (Attachment A) to re-establish the Tribe's CVAG membership. The staff report from the CVAG Executive Committee can be found as Attachment B. Fiscal Analvsis There is no fiscal impact associated with this request. LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW N/A /�?`� Lauri Aylaian Robert W. Hargreaves City Manager City Attorney �..--r,�. City Manager, Lauri Aylaian: �--� Attachments N/A Janet Moore Director of Finance ASSISTANT CITY MANAGER N/A Andy Firestine Assistant City Manager A. Addendum B. CVAG staff report ADDENDUM TO THIRD AMENDMENT AND RESTATEMENT OF THE JOINT POWERS AGREEMENT OF THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS ADMITTING THE TORRES MARTINEZ TRIBE AS A MEMBER OF THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS This Addendum to the Third Amendment and Restatement of the Joint Powers Agreement of the Coachella Valley Association of Governments ("Addendum") is entered into as of the date of the last signature appended to this Addendum, by and between the Torres Martinez Tribe ("Admittee"), on the one hand, and the County of Riverside, City of Coachella, City of Indio, City of La Quinta, City if Indian Wells, City of Palm Desert, City of Rancho Mirage, City of Cathedral City, City of Palm Springs, City of Desert Hot Springs, City of Blythe, Agua Caliente Band of Cahuilla Indians and Cabazon Band of Mission Indians ("Current Parties"), on the other hand. RECITALS A. Current Parties constitute the total membership of the Coachella Valley Association of Governments ("CVAG") and are parties to the Third Amendment and Restatement of the Joint Powers Agreement of the Coachella Valley Association of Governments ("Third Restatement"). B. Admittee is a federally recognized tribe and public agency, as that term is defined in Government Code section 6500, and formerly a member of CVAG. C. Admittee desires to rejoin CVAG as a member and Current Parties are willing to admit Admittee as a member under the terms and conditions set forth in this Addendum. D. Section 6.1 of the Third Restatement allows for the admission of additional public agencies to membership in CVAG subject to consent of two-thirds of the Current Parties and execution of an addendum to the Third Restatement signed by all Current Parties and Admittee. NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and covenants herein contained, Current Parties and Admittee agree as follows: Admission of Admittee Admittee is hereby admitted as a member of CVAG, subject to all of the rights, obligations and responsibilities set forth in the Third Restatement. Execution of this Addendum by Admittee shall be the legal equivalent of Admittee's execution of the Third Restatement as a party thereto. CVAG Addendum Page 2 The parties to this Addendum have caused it to be executed on their behalf as of the date specified below, respectively, as follows: City of Blythe City of Cathedral City By: By: Date: Date: City of Coachella City of Desert Hot Springs By: By: Date: Date: City of Indian Wells City of Indio By: By: Date: Date: City of La Quinta City of Palm Springs By: By: Date: Date: City of Palm Springs City of Rancho Mirage By: By: Date: Date: County of Riverside Agua Caliente Band of Cahuilla By: By: Date: Date: Cabazon Band of Mission Indians Torres Martinez Desert Cahuilla Indians By: By: Date: Date: 5ITEM 7D Subject: Contact: Attachment 2 Coachella Valley Association of Governments l;:xecutive CommiUee December 2, 2019 Staff Report Torres Martinez Band of Cahuilla Indians Request to Rejoin CVAG Tom Kirk, Executive Committee (tkirk@cvag.org) Recommendation: Approve the addendum to the Third Amendment and Restatement of the CVAG Joint Powers Agreement, which establishes the Torres Martinez Desert Cahuilla Indians as formal members, and direct the Executive Director to distribute to member jurisdictions for approval. Background: CVAG was formed in November 1973 with the approval of the first Joint Powers Agreement (JPA). In 1989-after voters passed Measure A-CVAG amended and restated the JPA to specify its role as the regional transportation authority. In 1998, the JPA was amended again to include the City of Blythe as a member. CVAG's members have since authorized separate JPA agreements for the Coachella Valley Conservation Commission and for Desert Community Energy. In April 2018, the Executive Committee approved the Third Amendment to the Joint Powers Authority, which better reflected CVAG's mission and organizational structure and included the Agua Caliente Band of Cahuilla Indians and the Cabazon Band of Mission Indians. The governments in the Coachella Valley have long benefited from a unique relationship with the local tribal nations, whose reservations span across several local cities. Prior to becoming full members of the JPA, the Agua Caliente and Cabazon tribes joined CVAG through a Memorandum of Understanding (MOU) approved by the Executive Committee in October of 1998. The Torres Martinez Desert Cahuilla Indians Tribe's joined CVAG in October 2000. After years of successful participation, the Torres Martinez Tribe underwent internal changes that caused their participation to wane. The Torres Martinez also went two years without paying dues. In February 23, 2009, the Executive Committee elected to discontinue the Tribe's membership with CVAG. In a letter sent to then Tribal Chair Mary Resvaloso, then-Interim Executive Director Larry Parrish indicated that if the Tribe chooses to re-join CVAG in the future, CVAG would welcome the discussion. As mentioned at the September 30, 2019 Executive Committee meeting, CVAG staff was approached by current Torres Martinez Councilmembers about the process of re-joining CVAG. A letter is attached. CVAG Legal Counsel has drafted an addendum to the JPA to add this membership however Section 2 would be deleted if no conditions are added. Once approved by the Executive Committee, CVAG staff will re-circulate the JPA addendum to all its member jurisdictions for their approval and signature. Fiscal Analysis: There is no fiscal impact to the JPA addendum. The costs involved in recirculating the JPA will be covered under existing staff time. Upon membership, representatives of the Torres Martinez will receive per diems for attending meetings. 6The Torres Martinez will also be required to pay dues. These assessments are based on the lowest dues paid by jurisdictions. In fiscal year 2019/20, the assessment was $8,863 for both the Agua Caliente and the Cabazon tribes. As previously noted, under their previous involvement with CVAG, there were two years in which Torres Martinez did not pay membership dues. The amounts for fiscal years 2007/08 and 2008/09 totaled $14,865. Attachments: Letter from Torres Martinez Tribal Council Draft Addendum to the CVAG JPA 7November 26, 2019 To: Tom Kirk, Executive Director TORRES MARTINEZ DESERT CAHUILLA INDIANS P.O. Box 1160, Thermal CA. 92274 (760) 397-0300 -FAX (760) 397-8146 Coachella Valley Association of Governments Torres Martinez Desert Cahuilla Indians (TMDCI) a federally recognized tribe located in the eastern Coachella Valley is interested in becoming members of the Coachella Valley Association of Governments (CV AG). TMDCI was a member of CV AG in the past and we understand the need and benefit of being a part of this organization. We have thousands of acres in the Coachella Valley, and would like to be included in the discussions and decisions of items being discussed that will affect our tribe, and region. Thank you for your consideration in rejoining your organization. I look forward to hearing from you in the future.