REPORT TO COUNCIL
SUBJECT
Title
Adoption of a Resolution Recognizing and Supporting the Amah Mutsun Tribal Band in Protecting Their Sacred Lands of Juristac from Development by Public or Private Entities, and Instruct the Mayor to Send a Letter to Santa Clara County
Report
COUNCIL PILLAR
Promote Sustainability and Environmental Protection
BACKGROUND
At the October 19, 2021 City Council meeting, Councilmember Jain presented a petition asking the Council to pass a resolution asking the County of Santa Clara to reject a conditional use permit for the Sargent Ranch Quarry and to preserve an area known as Juristac located in south Santa Clara County as open space. The cities of Morgan Hill and Santa Cruz have passed similar resolutions. In addition, numerous elected officials and organizations have signed a Statement of Opposition to Sargent Ranch Quarry, and letters of support for protecting Juristac have been submitted by faculties of numerous colleges and universities, including a group of 279 faculty and staff and 90 students at Santa Clara University.
The petition also stated that the City of Santa Clara has demonstrated regional leadership in protecting Indigenous cultural heritage sites in the past by preserving the Tamyen Ohlone village site of Ulistac. A 2016 ballot measure amended the City Charter to prevent development or sale of city-owned parks, including Ulistac Natural Area, which received 90% voter support. Therefore, the petition stated that it is appropriate for the City of Santa Clara to continue its leadership in protecting Indigenous cultural heritage sites such as Ulistac and Juristac.
DISCUSSION
The Amah-Mutsun Tribal Band of Ohlone/Costanoan (Amah Mutsun Tribal Band) Indians of Santa Cruz, Monterey, San Benito, Santa Clara, San Mateo, and San Francisco Counties are among the surviving aboriginal Native American lineages of this region and have demonstrated their cultural heritage, Native American identity, and tribal continuity through maintaining a rich oral history. Juristac, also known as Sargent ranch, is a territory that covers the southern hills of the Santa Cruz Mountains, above the Pajaro and San Benito Rivers. This territory has been a spiritual ground where the Amah Mutsun people gather as a community and celebrate sacred ceremonies.
The current owner of the Juristac/Sargent Ranch property, San Diego-based Debt Acquisition Company of America (DACA), has submitted an application to the County of Santa Clara for a sand and gravel open-pit mining operation on 320 acres of pristine hillside grassland at Juristac. According to documents filed with the County, the Sargent Ranch Quarry would operate for 30 years, would dig 4 pits hundreds of feet deep,
and would pump about 76,000 gallons of groundwater per day for quarry operations. The quarry would permanently alter the Juristac landscape, including the creation of deep quarry pits and altering the landscape through the construction of truck haul roads, conveyor belts, and a 14-acre processing plant.
The Amah-Mutsun Tribal Band has expressed opposition to the creation of this quarry and the destruction of their tribal lands, and have asked local jurisdictions to join them in opposing development on their sacred lands. Recognizing the City of Santa Clara’s regional leadership in protecting Indigenous cultural heritage sites in the past by preserving the Tamyen Ohlone village site of Ulistac, Councilmember Jain has requested that the City consider supporting the Amah-Mutsun Tribal Band through adoption of a resolution in opposition of the development of the Sargent Quarry Project on the sacred Juristac lands of the Amal-Mutsun Tribal Band and instructing the Mayor to write a letter of opposition to the Santa Clara County Supervisors office.
The City of Santa Clara promotes sustainability and environmental leadership. The protection of cultural resources and open space areas are an important environmental consideration as defined in the California Environmental Quality Act (CEQA). It is a goal of the City of Santa Clara, as outlined in the 2010-2035 General Plan, to protect and preserve cultural resources, as well as archaeological sites [General Plan Goal 5.6.3-G 1]. The City also aspires to advance leadership in sustainability through initiatives and efforts that include support for regional open space and habitat preservation, protection of air and water quality, and the dedication of public trails. The City’s General Plan names the Santa Clara Valley Habitat Conservation Plan as part of the City's vision of regional land use and transportation planning and coordination [General Plan Section 6.2.2]. The City of Santa Clara has demonstrated its commitment, to the protection and preservation of Indigenous cultural heritage sites through its preservation of the 40-acre Ulistac Natural Area, a historic Tamyen Ohlone cultural site located within the city limits. The City of Santa Clara further supports the rights of Indigenous peoples to access, maintain, and protect their religious and cultural sites, as enshrined in Article 12 of the United Nations Declaration on the Rights of Indigenous Peoples.
Sargent Ranch/Juristac is an open space area of exceptional regional significance and habitat value as recognized by the Santa Clara Valley Habitat Agency, the Santa Clara Valley Open Space Authority, and regional conservation organizations, and is of such significance as to bring benefit to the City of Santa Clara as well as the region as a whole. The Sargent Ranch area is identified in the Santa Clara Valley Habitat Conservation Plan and other regional habitat connectivity studies as a critically important wildlife corridor linking the Santa Cruz Mountains, Gabilan Mountains, and Diablo Range.
Adoption of the Resolution and the subsequent communication to the County would be consistent with adopted City policy and prior actions taken by the City of Santa Clara to protect cultural resources and open space areas and to advocate for environmentally beneficial land use.
ENVIRONMENTAL REVIEW
This action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT
There is no fiscal impact to the City other than administrative staff time and expense to prepare this report.
COORDINATION
This report has been coordinated with the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov>.
RECOMMENDATION
Recommendation
Adopt a Resolution Recognizing and Supporting the Amah Mutsun Tribal Band in Protecting Their Sacred Lands of Juristac from Development by Public or Private Entities, and Instruct the Mayor to Send a Letter to Santa Clara County.
Staff
Reviewed by: Andrew Crabtree, Director, Community Development Department
Approved by: Deanna J. Santana, City Manager
ATTACHMENTS
1. 10-19-21 City Council Meeting Post Meeting Material - Correspondence
2. Resolution