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September 17, 2004

Another tribal development

Second Indian group seeks Sargent Ranch deal

If the group gains federal recognition as a tribe and moves forward with the plan, property owner Wayne Pierce could circumvent land-use approvals from Santa Clara County, which has rebuffed three previous attempts to develop the land.

The partnership would be forged after the rolling ranchlands - considered pristine open space by many Bay Area environmental groups - were converted into a tribal trust land. Then Pierce would lease 3,000 acres back from the group of Amah Mutsuns and develop the land, according to the “Economic Development Plan” obtained by the Hollister Free Lance. Current plans do not call for a casino.

The group plans to use the 500 acres of tribal land it would keep through the proposal to create 100 acres of residential development, 75 acres for commercial development, 100 acres for infrastructure and 50 acres for a $21 million Amah Mutsun Cultural Center, according to the plan.

That 500 acres is valued at $25 million in the plan. Additionally, the group of Amah Mutsuns would receive $1 million from Pierce on Oct. 1 in the form of a “Growth Establishment Tribal Fund,” according to the documents.

Word of the plan brought immediate negative reaction from San Benito County Supervisor Pat Loe, Santa Clara County Supervisor Don Gage and the local leader of the Amah Mutsun tribe, Val Lopez.

“That Sargent Ranch is one of the most sacred sites to the Amah Mutsuns,” Lopez said. “And any development on it is sacrilegious.

“The main emphasis of our tribe has always been our language, our culture and our history.”

Loe was taken aback when she heard of the proposal.

“If that would happen, it could change the face of California forever,” she said. “I can’t even put it into words. That would be incredible - just incredible.”

A portion of Pierce’s profits from developing the 3,000 acres would pay for the tribe’s economic goals, according to the plan.

The group of Indians broaching the idea, led by Irene Zwierlein, broke off from the local Amah Mutsun tribe four years ago, according to Lopez. The Amah Mutsuns are a band of Ohlone Indians.

The documents don’t indicate whether the local Amah Mutsun Indians - there are about 525 members - would profit from the potential development. Lopez believes they would not.

The project proposal comes only weeks after another Indian tribe - the California Valley Miwoks - proposed building a casino in San Benito County off Highway 25. There’s no indication that the two tribes’ projects are related. And the attorney for the Miwok Indians didn’t immediately return a call to his cell phone Thursday.

The Amah Mutsun group’s plan indicates they would not construct a casino.

“Gaming businesses go against the tribe’s plan for inclusion of family-friendly community services and businesses,” the plan reads.

The Cultural Center would be the keystone of the tribal portion of the land. The group intends for it to attract visitors who would then, in turn, support the tribal community’s businesses, the plan says.

Furthermore, the plan boasts of being environmentally sensitive, with an emphasis on vocational training and scholarship funds for tribal members.

The documents don’t, however, indicate what Pierce plans to do with the 3,000 acres he wants to develop. His 6,500-acre Sargent Ranch property is located at the southern tip of Santa Clara County and is adjacent to the eastern border of San Benito County.

Pierce could not be reached for comment this week. Zwierlein didn’t return calls placed to a Woodside address under which she’s listed.

A source familiar with the tribe said a Washington, D.C., attorney, Donald Carr, has been hired by the splinter group. Carr didn’t return calls placed to his office this week. The source also said the group hired a Washington, D.C. lobbyist, former U.S. Congressman Vic Fazio. He also didn’t return calls to his office.

Zwierlein has been trying to gain federal recognition for her group of Amah Mutsun Indians since 2000, according to a spokesperson with the Bureau of Indian Affairs. It’s unclear how close her group is to gaining that recognition. And it’s also unclear when the tribe hooked up with Pierce.

When Zwierlein and others broke off from the local Amah Mutsuns in March 2000, she took the tribe’s membership records and documented efforts to gain federal status, according to Lopez. He wasn’t sure how many members Zwierlein’s group claims.

“We suspect that she’s claiming a lot of people for her tribe that are actually members of our tribe,” Lopez said.

Santa Clara County Supervisor Gage, who had heard only rumors about the project, said he would steadfastly oppose the development because of its significant impacts on neighboring cities.

“If you’re going to put 2,000 homes there, there’s going to be children, and those children have to go to school. So there’s a huge impact on the schools,” he said. “Then there’s traffic. There’s all kinds of issues.”

Pierce, from Pleasant Hill, has tried three times - unsuccessfully - to develop the unincorporated ranchland: in 1992, 2001 and 2002.

The first proposal, refused by Santa Clara County supervisors, called for almost 4,000 homes, two golf courses, a hotel and an expansive industrial area. Gage said the application was refused largely because Pierce didn’t bother to first approach the city of Gilroy or the Board of Supervisors with his plans.

“He didn’t do his homework,” Gage said.

The second, more moderate proposal would have built a 36-hole “affordable” public golf course and up to 140 luxury homes. Supervisors approved that application, but Pierce withdrew it from the county before it reached the planning process.

Another application for two golf courses - one public and one private - and up to 140 luxury homes also failed to reach the planning process.

Pierce also owns Roddy Ranch Golf Course in Contra Costa County and another golf course on Mare Island near Vallejo, Gage said.

Environmental groups such as the Greenbelt Alliance, Santa Clara County Audubon Society and Loma Prieta Sierra Club have opposed development on Sargent Ranch, arguing it could lead to development of the county’s only remaining 100,000 acres of unincorporated ranchlands.

Gilroy Mayor Al Pinheiro said he hadn’t heard anything about a possible Sargent Ranch development.

“There’s no question that we’re interested in that area, or Coyote Valley, or any other area that would have regional impacts on Gilroy,” Pinheiro said. “We must be aware of it and try to mitigate those impacts.”

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