Santa Barbara County intends to file a letter this week supporting an appeal by citizens who oppose the Santa Ynez band of Chumash Indians' request to annex 6.9 acres along Highway 246.

The county announced last week that negotiations with the tribe had failed, but the two governments will continue to talk to see if something can eventually be worked out, County Counsel Shane Stark said Monday.

"At this point, we have to file this brief," Stark said.

The tribe requested the annexation to its reservation in February, which would take the land off county tax rolls and exempt it from county planning regulations. In exchange for the Chumash agreeing not to pursue any gaming establishments on the site, the board did not appeal the tribe's request to the U.S. Bureau of Indian Affairs to take the land into Indian Trust status.

However, the county and the tribe have been unable to conclude their negotiations.

"Back in February I thought we had an understanding, and I am very disappointed that this did not come to a formal agreement," said 3rd District Supervisor Brooks Firestone.

When the county agreed not to file an appeal of the annexation, it also gave up its right to do so at a future date. Therefore, the board's only option is to file a "friend-of-the-suit" brief in support of the pending appeal by Santa Ynez

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Valley Concerned Citizens, Women's Environmental Watch, Preservation of Los Olivos and Preservation of Santa Ynez.

The BIA first has to accept the citizen groups' right to file an appeal, before it will consider the merits of the suit against the Chumash. The county's brief will address its support for the citizen groups' right to appeal, Stark said.

"The reason we believe the citizens have standing is that the county, which unquestionably does have standing, is not able to represent the citizens in what they are losing, which is the ability to mitigate the impacts on their environment," Stark said.

Santa Ynez Valley residents involved in the suit are pleased with the county's action and said they value the government's support.

"We appreciate all the work the board and county have put into filing this brief and supporting our coalition of citizens," said Massie Ritsch, SYVCC spokesperson. "We look forward to working with (the county) to demonstrate why this land should remain on county tax rolls, under the jurisdiction of local zoning rules and state environmental rules."

Chumash representatives did not return repeated calls for comment Monday.

Meanwhile, the county recently filed another letter with the BIA opposing a subsequent Chumash request to annex an additional 5.8 acres, also along Highway 246. The tribe has not stated its intended use for that land.

Randi Block can be reached at 347-4580 or rblock@santamariatimes.com.

August 23, 2005