Date:
June 18, 2002
RESOLUTION OF THE BOARD OF SUPERVISORS
OF
THE COUNTY OF SONOMA, STATE OF CALIFORNIA,
REGARDING LAND ACQUISITION FOR THE LYTTON BAND OF POMO INDIANS AND PROPOSED
TRUST APPLICATION
WHEREAS,
pursuant to Article XI of the Constitution of the State of California and
as duly elected officials, the Sonoma County Board of Supervisors is empowered
to enact and implement laws and policies to promote the welfare and safety
of Sonoma County citizens; and
WHEREAS,
pursuant to Government Code section 65300 et. seq., the Sonoma County Board
of Supervisors engaged in a comprehensive multi-year evaluation process
which includedobtaining expert land
use and environmental analysis as well as comments from the community over
the course of dozens of meetings and hearings, and in 1989, enacted a revised
County General Plan; and
WHEREAS,
the General Plan was the subject of study and analysis in an extensive
Environmental Impact Report which was approved by the Board of Supervisors;
and
WHEREAS,
the County General Plan is intended to guide decisions on future growth,
development and conservation of resources in a manner consistent with goals
and quality of life desired by the County’s residents as determined through
the extensive General Plan review and revision process; and
WHEREAS,
the General Plan is intended to protect the interests and resources of
all Sonoma County residents and the Board of Supervisors remains committed
to its implementation throughout the County; and
WHEREAS,
under the United States Constitution and other laws, federally recognized
tribes enjoy sovereignty and interact with the County on a government to
government basis; and
WHEREAS,
the Tribe has indicated it intends to again apply to take this land into
trust to meet housing and other tribal needs; and
WHEREAS,
once land is taken into trust on behalf of a tribe, the independent sovereignty
of a tribe serves to preempt many local land use controls and safeguards
contained in various laws and regulations including the County’s General
Plan and California Environmental Quality Act, which are intended to assure
that land uses contrary to the community health, safety and general welfare
are avoided and environmental impacts mitigated;
NOW
THEREFORE BE IT RESOLVED that the Board of Supervisors of the County of
Sonoma offers its support for any trust application by the Tribe on the
proposed site, to meet its housing needs, that is consistent with the General
Plan; and
BE
IT FURTHER RESOLVED that the Board of Supervisors recognizes the unique
characteristics and needs of the Lytton Tribe and urges the Tribe, on a
government to government basis, to work with the County to ensure that
its development is consistent with the General Plan before any trust application
is made; and
BE
IT FURTHER RESOLVED that if the Tribe submits a trust application that
is inconsistent with the General Plan, and where mitigation efforts can
not be made to bring the proposed project within substantial compliance
with the General Plan, the County shall use the most effective legal or
regulatory means to oppose the application.As
part of its opposition, the County shall communicate to the BIA the importance
of the General Plan to the County planning and development process and
any
problems identified in the Lytton application, including concerns related
to its failure to comply with the General Plan.
SUPERVISORS:
Smith:Kelley:Reilly:Kerns:
Ayes:Noes:Abstain:Absent:
SO
ORDERED.