PREPARED BY: MATT RODRIGUEZ DATE OF MEETING: 05/06/19
SUBJECT:
TITLE
CITY COUNCIL AUTHORIZATON BY MINUTE ACTION TO RATIFY ISSUANCE OF A LETTER TRANSMITTED ON APRIL 25, 2019 TO LYTTON RANCHERIA BAND OF POMO INDIANS TRIBAL CHAIRWOMAN MARGIE MEJIA FROM SAN PABLO MAYOR KINNEY REGARDING FEDERAL LEGISLATION H.R. 1388 - “THE LYTTON RANCHERIA ACT OF 2019”
Label
CITY MANAGER RECOMMENDATION
Recommendation
Approve by Minute Order
Body
Compliance statements
FY 2019-21 Council Priority Workplan Compliance Statement
Major Policy Goal: Focus on Economic Development Diversification; Municipal Services Agreement between the City of San Pablo and Lytton Rancheria Band of Pomo Indians is contained in the adopted FY 2019-21 City Council Adopted Workplan, effective March 1, 2019.
CEQA Compliance Statement
This is not a project as defined by CEQA.
BACKGROUND
On April 25, 2019, on behalf of the San Pablo City Council, Mayor Kinney executed and transmitted a letter to Ms. Margie Mejia, Tribal Chairwoman, Lytton Rancheria Band of Pomo Indians (Lytton Tribe) regarding federal legislation H.R. 1388 - “The Lytton Rancheria Act of 2019.” Recently, according to the U.S. Congressional Record, this federal legislation passed the U.S. House of Representatives on March 26, 2019, and is now being addressed in the U.S. Senate Committee on Indian Affairs (See Attachment).
On February 27, 2019, the H.R. 1388 legislation was introduced by Congressional Representative Jared Huffman (D-CA-2). If adopted by both Houses of Congress and enacted into law, H.R. 1388 would facilitate the Lytton Tribe’s long-term goal to develop a permanent homestead for the Lytton Tribal community complete with proposed tribal community facilities, resort and viticulture operation near the incorporated Town of Windsor in Sonoma County, CA.
In August 2018, the Sonoma County Board of Supervisors entered into a revised Memorandum of Agreement with the Lytton Tribe regarding specific conditions and terms associated with the Lytton Tribe’s proposed planned development in Sonoma County, CA. The revised MOA was created to ensure that “should the land go into trust either through a congressional or administrative process,” the following noted terms and conditions would be upheld pursuant to the adopted MOA, as follows:
1. A prohibition on gaming on the property;
2. Payment of in-lieu taxes and development impact fees to support public services;
3. Compliance with California fire and building codes;
4. Full mitigation of off-site impacts of the Tribe’s projects, including traffic, and oak tree loss; and
5. Enforceability of the Agreement through a waiver of sovereign immunity and binding arbitration to determine any disputed mitigation measures.
Over the last several years, the City has witnessed the long and arduous process that the Lytton Tribe has experienced with previous legislative bills not obtaining the necessary federal support to move forward in the legislative process to make the Lytton Tribal homestead project come to fruition. Previously, federal legislation introduced on behalf of the Lytton Tribe (i.e. HR 2538 and HR 597) stalled in the U.S. Congress due to a number of factors, including but not limited to the following: an unforeseen U.S. government shutdown; recent changeover of U.S. Presidential Administrations and U.S. Secretary of Interior leadership; and other federal legislative turmoil experienced during the 2016-18 Federal Legislative Sessions.
However, given the recent support for HR 1388 (D-Huffman) legislation from the U.S. Congress in March 2019, and its subsequent consideration by the U.S. Senate, the City transmitted the attached letter on April 25, 2019 from Mayor Kinney to wholeheartedly express the City’s encouragement, and to determine if any future formal support is needed from the City to support the H.R. 1388 legislation as it moves forward through the 2018-19 Federal Legislative Session. Any future official City consideration of any proposed federal legislation would be subject to formal City Council approval via majority vote.
At this time, the subject letter transmitted on April 25, 2019 by Mayor Kinney to the Lytton Tribe requires City Council ratification approval by minute action vote.
FISCAL IMPACT
None associated with this report.
ATTACHMENTS
1) Letter transmitted on 04/25/19 from Mayor Kinney to Margie Mejia, Tribal Chairwoman Lytton Rancheria Band of Pomo Indians re: H.R. 1388 federal legislation