Area leaders say they don’t like the sound of an Indian tribe’s
plan to gain land and strike a development deal on untouched land
southwest of Gilroy, but the area’s congressional representative
could help smooth the way for the commercial and residential
development.
Area officials line up to fight the development of Sargent Ranch
Area leaders say they don’t like the sound of an Indian tribe’s plan to gain land and strike a development deal on untouched land southwest of Gilroy, but the area’s congressional representative could help smooth the way for the commercial and residential development.
Neither Santa Clara Supervisor Don Gage nor Gilroy Mayor Al Pinheiro want Sargent Ranch owner Wayne Pierce to be able to skirt that county’s planning process and develop 3,000 acres of the 6,500-acre ranch. That could happen, based on an agreement between Pierce and the Amah Mutsun Tribal Band.
If the tribal band gains federal sovereignty – which could happen most quickly through an act of Congress – it would also gain 3,500 acres of tribal land in Sargent Ranch that would no longer be subject to county zoning rules or land-use approvals. Pierce would be free to develop his portion of the land, and the tribe would keep 500 acres for its members’ homes, businesses and a cultural center.
The Amah Mutsuns already are trying to gain official recognition through the Bureau of Indian Affairs, a process that could take several years.
U.S. Rep. Mike Honda, D-San Jose, is supporting the tribe’s effort to become federally recognized, although he won’t be leading the effort.
“At this point, there is not a plan to introduce legislation to help the tribe get recognition,” said Jay Staunton, a Honda spokesman who responded for the congressman who was traveling Tuesday and unavailable. “He’s interested in making sure that there is an equitable process for a tribe that has been in the area for hundreds of years, and is indigenous, to get the recognition that they deserve. Whether that is through legislative or administrative means, that is difficult to say.”
Honda was approached by members of the tribe who were frustrated at the slow-moving recognition process. While Honda believes the tribe deserves sovereignty, Staunton backed off recent statements that immediate recognition through an act of Congress would be the right thing to do.
“If someone else were heading (the effort) up, he would have to consider whether that were something worth pursuing,” Staunton said.
Honda, who as a Santa Clara County supervisor rejected plans to develop Sargent Ranch, says the new plan to develop the area is a separate issue.
“That was not part of the proposal introduced to him, the discussion centered solely around recognition,” Staunton said. “He’s not planning on introducing legislation, and until there is recognition, any future considerations for the tribe would be moot.”
He said Honda is a “staunch defender” of preserving premium open space, like Sargent Ranch, in southern Santa Clara County.
Other local officials say it’s clear the development will follow any approval of sovereignty. In an agreement between Pierce and the Amah Mutsuns, Pierce promised to pay $1 million toward the development of the tribe.
“Mike Honda’s view is, he would support recognizing the tribe, but wouldn’t support future development of the land, and in our mind they’re inextricably linked,” said Rachael Gibson, land use aide for Supervisor Gage. “Using … legislation as a way to circumvent long-standing policies is very much not OK with us. Our (land-use) rules and regulations are in place for a reason, and (developing Sargent Ranch) is not in the best public interest.”
Gibson said she was unaware of a way for Gage to slow the tribe’s pursuit of federal recognition.
“It would be somewhat tricky, because in the past, the county has supported efforts by our local tribes to be recognized,” she said. “This is the first case anyone can remember when a recognition of a tribe has been so closely followed by a development very similar to ones we have opposed in the past, and even from the same people.”
Santa Clara County has turned down several proposals for development on what is considered pristine land in Sargent Ranch, including three from Pierce himself. Earlier plans called for thousands of homes. The most recent plan, from Pierce in 2002, was to build 137 luxury homes and two golf courses, one private and one public.
“The proposal – even in a more scaled-down form – it flew in the face of so many different General Plan policies and zoning ordinance policies, there was no way we could support it,” Gibson said. “And in it’s current form, from what I understand, it is much more expansive than that.”
Gilroy Mayor Al Pinheiro said he is against any group using loopholes around the system to develop what may not be best for the area.
“Obviously, my standard is, it needs to go through the process we have in place, to go through the county, to get input form the surrounding community and try to be good neighbors,” he said.
Gibson and Pinheiro said local officials remain largely in the dark of the tribe’s and Pierce’s plans.
“We’re still very much caught by surprise now,” Gibson said. “Not one person has contacted our office: Not one Amah Mutsun, not Mike Honda’s office.”
The tribe’s leaders have said they will involve South Santa Clara and San Benito counties in its planning for the land only after obtaining federal standing.
There is no reason for Honda to speak with local officials before that time, either, Staunton said.
“As far as the congressman’s involvement, this is solely related to a tribe’s request for federal recognition. Until that happens, there isn’t really an issue for the congressman that requires discussion about local issues,” he said.
