Hundreds pack Windsor Town Council forum on Lytton Rancheria development plans

A standing-room-only crowd of more than 400 people turned out Tuesday night in Windsor for a public forum on an Indian development project that has ignited strong passions and differences over whether to resist or work with the tribe.

The more than four-hour meeting was part primer on federal law governing tribes as well as an outlet for frustrated citizens who used the time to confront and question their elected officials about why they struck deals with the Lytton Rancheria Band of Pomo Indians, facilitating the way for a tribal housing project, and potentially a large winery and hotel resort on wooded and agricultural lands outside Windsor.

Billed as an open and transparent forum for all parties, the Town Council work session was held at the Agatha Furth Center to accommodate the large number of people, most of whom expressed opposition to the Lyttons' development plans south and west of Windsor.

'The Lytton development would be an unmitigated, environmental disaster,' said Windsor resident Peg Champion.

'The beautiful place you all love is being invaded by a cancer,' said Peter Walker, who described himself as a Sonoma County resident concerned that eventually the tribe will build a casino, a venture prohibited under a deal struck with Sonoma County. 'You will end up with a place you will hate to live in.'

Members of the Town Council congratulated the audience for being civil and for the most part respecting speakers with opposing viewpoints, although at times there were some catcalls and outbursts.

'This is the biggest hearing we've ever had. Bigger than Wal-Mart,' said Councilwoman Deb Fudge, referencing the drawn out battle Windsor had over whether to approve the big box store.

Former Mayor Warin Parker, who advocated cooperation with the tribe, said he was concerned with 'the underlying tone of racial discrimination.'

He was greeted with cries of 'shame on you' and 'bullshit' by some members of the audience. Parker said he was not making an accusation, but was disturbed by the tone of online comments about the project and the fears expressed about the tribe's impacts to their neighborhood.

The meeting was an opportunity for Rep. Jared Huffman, D-San Rafael, to defend his proposed legislation that would place land into trust for the tribe and create a reservation. He said his bill, which stipulates the tribe will not build a casino, produces a more certain outcome than the other way the tribe has of creating federal trust land — through an administrative process with the Bureau of Indian Affairs. Huffman introduced his bill in May. It would create a Lytton homeland of just over 500 acres off Windsor River, Starr and Eastside roads.

The legislation has been backed by Gov. Jerry Brown and is co-sponsored by Rep. Mike Thompson, D-St. Helena. Huffman called it a model for functional, respectful, productive relationships between local governments and tribes.

County officials also talked about the deal they negotiated with the tribe. They said they took the step because they believe the tribe will eventually get its land into federal trust, making it no longer subject to local land use regulations, or subject to taxation.

Both Huffman and Sonoma County Supervisor James Gore, who represents the area, acknowledged they could have done a better job of keeping citizens informed of the deal-making.

'The public outreach and inclusion could have been better,' Huffman said.

Gore bristled at some of suggestions that he and other officials have been swayed by campaign contributions from the tribe or its associates.

'No one's bought off and paid for,' Gore said.

Some speakers questioned why Huffman would carry legislation during the state's severe drought that allows a tribal development that could tap millions of gallons of water, straining local supplies.

Huffman said he wished the tribal projects were subject to more rigorous state environmental reviews, but that doesn't happen in a federal trust application.

Other speakers supported working with the tribe.

'I believe the land will go into trust,' said Julian Cohen, a 31-year Windsor resident. 'We need to build relationships with our new neighbors.'

Opponents object to the environmental impacts of the tribal housing — plans call for more than 360 homes — as well as the 200-room resort hotel and 200,000-case winery the tribe has outlined.

Critics say the tribe's developments would destroy the area's rural and agricultural character and foster suburban sprawl.

Before the meeting began, about two dozen opponents of the Lytton project picketed the street outside with signs reading 'Save the Oaks,' 'Ranches not Resorts, and 'No backroom deals.'

Lytton officials say they are trying to re-establish a home base for their 270-member tribe, which lost its historic, 50-acre rancheria in the Alexander Valley in 1958, in an act the federal government later acknowledged was illegal.

'We're not building high-rise penthouses. We're not doing anything you wouldn't be proud to live in,' said tribal Chairwoman Margie Mejia.

Following a court decision in 1991 that restored federal recognition to the Lytton Rancheria Band of Pomo Indians, the county committed to help them find suitable land for tribal housing and economic development.

Over approximately the past dozen years, using revenues from their thriving San Pablo Lytton Casino in Contra Costa County, the Lyttons have been buying up land around Windsor with the intent of having some of it taken into federal trust for a reservation.

In 2009, the tribe filed an application with the Bureau of Indian Affairs to take 124 acres along Windsor River Road into trust to build 147 homes for its members, along with a community center, retreat and roundhouse.

In 2012, the BIA issued a finding that found there were no significant environmental impacts that could not be mitigated for the housing project. For instance, even though about 1,500 oak trees would be cut down, the tribe can proceed by replanting even more trees as replacements.

With a growing consensus among Sonoma County officials that the tribe's application was likely to get approval, the county began negotiating with the tribe to offset impacts of their project and get a guarantee that the tribe would not build a casino.

In March, the county announced a 22-year agreement with the Lyttons that included a prohibition of gaming on their lands and a $6.1 million payment from the tribe along with money to replace lost property taxes and other concessions.

In exchange, the county agreed to support the tribe's application to have 124 acres of land to be taken into trust by the federal government. The potential amount of land to be taken into trust — and exempted from county land use guidelines — has since grown tenfold, to 1,300 acres.

The deal with the county supported part of that expansion, on 376 acres and an additional 214 housing units. The county also agreed not to oppose a further 800 acres being added to the tribe's trust plans.

Under the county deal, if the tribe elects to develop a resort and winery project in the future, it would be required to do a full federal environmental review and mitigate any impacts.

You can reach Staff Writer Clark Mason at 521-5214 or clark.mason@pressdemocrat.com. On Twitter @clarkmas.