County deal with tribe starts controversy
Huffman feels it will be used to show alleged local support for casino
Published: Thursday, Jul 31, 2008
By DAN JOHNSON
ARGUS-COURIER STAFF
The casino agreement reached by the Sonoma County board of supervisors and the Federated Indians of Graton Rancheria last week raised some eyebrows and left local officials and leaders at odds over how much the county and tribe really gained.
Under the agreement, the tribe stated that it would not build more than one casino in Marin and Sonoma counties, and that for any additional ventures, it would comply with the county zoning code and General Plan, and undergo a complete environmental review. The tribe also agreed to resolve environmental disputes through binding arbitration, if necessary.
If the casino in Rohnert Park is stopped, the tribe could try to establish another casino elsewhere, but not more than one, said Jeff Brax, deputy county counsel for Sonoma County.
As part of the agreement, the board agreed not to pursue legal action that would challenge the tribe’s trust application for the proposed Rohnert Park casino and resort complex.
“I respect the board of supervisors, but I don’t think that this agreement was helpful because it sends the wrong message,” said Assemblyman Jared Huffman. “This will be used in Washington, D.C., by the tribe to show that the community approves of the proposed Rohnert Park casino, which isn’t the case.
“Another disappointment is that the county feels that it got something in return for sidelining itself in trust proceedings involving the Rohnert Park casino, but the agreement is full of ambiguities and loopholes. All of the things that the tribe gave up are riddled with qualifiers and off-ramps.”
Brax feels that the basic agreements made by the tribe limiting its casino construction and requiring compliance with zoning laws and environmental studies are “important and significant” and feels that if they had not been reached, the board might have pursued litigation regarding the Bureau of Indian Affairs’ decision to take the land in Rohnert Park into federal trust.
“But the tribal council’s agreement to not build more casinos probably was not a major concession. It shows that they mean what they’ve been saying,” he said.
“We have agreed to do what we’ve said we will do all along,” said tribal chairman Greg Sarris, an acclaimed writer and educator of Coast Miwok, Kashaya (southwestern coastal Pomo), Filipino and Jewish descent. “We only want one casino, and will continue to work cooperatively with the community.”
Sarris says that initially, his non-Indian mother asked him if something could be done to help the tribe. The men have a life expectancy of 47 years, and until this decade, 80 percent of its children dropped out of school by the ninth grade.
“But we wanted to benefit the Indian and non-Indian communities alike,” Sarris said.
The tribe explored several revenue-generating ventures, such as organic food processing, a cheese factory and a winery, but with little success, before deciding to build a casino.
“The last thing that I wanted was to get involved with a casino,” Sarris said. “I don’t gamble. I don’t even drink. I’m an utter bore to most people.
“But my mother said to me, ‘You can’t leave the tribe now.’ It would have been like leaving a baby on a highway.”
After the tribe’s federal recognition was restored in 2000, it partnered with Station Casinos of Las Vegas to buy 360 acres west of Rohnert Park, and in 2003 the Rohnert Park City Council approved an agreement under which the tribe will pay the city, a school district and community groups $200 million over 20 years to mitigate impacts of the proposed casino and resort.
So far, the tribe, which also plans to add over 2,000 new jobs at the casino, has contributed $12.7 million to the community to boost education, the environment, public safety and social non-profit groups.
While casino supporters see the agreement as a chance to provide much-needed local funding and jobs, some critics contend that even this large amount of money will not offset possible negative impacts, such as traffic congestion and depletion of the water supply.
Sarris says that although opponents have estimated that the casino could generate 50,000 vehicle trips per day, the draft environmental impact statement projects not more that 18,621 trips; that based on figures in the draft environmental impact statement (a preliminary report released before an environmental impact statement is issued), the casino would raise overall water usage by 0.23 percent, a relatively small increase; and that rather than having a “super water right," the tribe’s right would not be greater than that of any similarly situated landowner.
“The negative impacts have been exaggerated by casino opponents, but we will do whatever we can to mitigate them,” Sarris said.
If necessary, the tribe will extend its contributions beyond the $200 million agreed upon with the city of Rohnert Park, he said.
“Absolutely. We pledged in our MOU (memorandum of understanding) to mitigate anything above and beyond that figure,” he said. “We have a legal and binding agreement with the county of Sonoma.
“We will do everything we can to mitigate impacts, whatever it might be. We want to create the best situation for everybody.”
Sarris says that the Graton Rancheria tribe, unlike some other tribes, is not attempting to utilize unfamiliar land.
“We are in our own aboriginal territory, 7 1/2 miles from the original Graton Rancheria,” he said, adding that by contrast, the Dry Creek Rancheria Band of Pomo Indians now owns land in Petaluma that is not part of its original territory.
Sarris feels that three reasons account for much of the local opposition to the proposed casino.
“Some people are morally opposed to gambling: I can’t argue with this position, because it’s people’s right to feel this way,” he said. “Also, something new and big scares some people. And some people who live nearby don’t want a casino in ‘their back yard.’”
But he feels that misunderstandings and misinformation also have played a huge role.
“Everyone is entitled to their opinion: That is the strength of the democratic system," Sarris said. "But when distrust results from fears based on false information, this destroys the democratic process.
“I tell our people to take the high road.”
(Contact Dan Johnson at dan.johnson@arguscourier.com)
