The Windsor West Residents Group is a coalition of Sonoma County and Windsor citizens and businesses that are opposed to the high density Lytton Pomo's reservation development proposed on 50-acres of oak forest on the south side Windsor River Road, approximately 300 feet west of the Windsor Town limits.  This website is dedicated to providing concerned citizens with information regarding the proposed development and how to oppose this time-sensitive issue.

The information has been gathered by various residents over the telephone or through personal contact and represents what we have been told by others or gleaned from secondary sources.  We are busy separating the facts from opinions.  Please read with this in mind.

The following is chronological information that has been gathered relating to the Windsor West area.
Please forward any corrections, additions, deletions or suggestions to windsorwest@sonic.net
Last update June 26, 2001, 6:30 PM
 

May 28, 2001  SF Chronicle article.
The following is a few of the pertinent statements in the article entitled The Urban Gamble, Tribal land rush, Native Americans bet future on Bay Area casinos.  written by Pia Sarkar, Chronicle Staff Writer, (psarkar@sfchronicle.com)
Entire article can be found at  http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2001/05/28/MN214875.DTL

"Margie Mejia's people have struggled for decades, their Lytton band of Pomo uprooted from their homeland in the hills near Healdsburg and scattered around Sonoma County.

"The 220 member Lytton band, based in Santa Rosa, is negotiating with the federal government for the land under Casino San Pablo.  But it also needs Gov. Gray Davis ' approval to run 2,000 slot machines, which could be difficult because Davis has said urban gambling was not the intent of the Indian gambling measure.

"This year, the Lytton band hopes to regain the land it lost in the late 1950s -- but in a far different neighborhood from the Alexander Valley of Sonoma County.

"The band gained the right to nine acres in the middle of urban Contra Costa County, where Casino San Pablo sits, when President Bill Clinton signed a bill by Rep. George Miller, D-Martinez, requiring the Interior Department to set aside the property for the Lytton.

"Foes of urban casinos charged Miller with sneaking the measure through Congress late last year.

"The Lytton band hasn't always lived without land.  In 1926, the federal government set aside a 50-acre tract for the Pomo tribe near Healdsburg as part of an effort to help an estimated 11,3000 homeless California Indians.

"In 1999, the tribe and San Pablo city officials signed an agreement that guaranteed the city would continue to receive a cut of Casino San Pablo's revenue if the Indians become its operators.  Last year, Katz (Philadelphia sports dealmaker - partner of Lytton band) and another partner bought the cardroom from Ladbroke USA and now operate it."

June 18, 2001 Information from Wes Chesbro Office
Information was received from Jody Diamond of Wes Chesbro, State Senate office.

"She spoke to the Bureau of Indian Affairs in Washington and they have received an application from Lytton band.  They wanted to acquire land in San Pablo and Windsor and make both tribal lands.
"What is happening is that San Pablo property is going through the process of becoming Federally recognized as a land trust for Lytton band.  But in order to make a casino they need to get the governor's approval.  But the application has been returned so that San Pablo can be on the application by itself.  They also need to make a new application for the Windsor site.
"The Lytton band's attorney has resubmitted a request to Bureau of Indian Affairs for the Windsor land."

"They have a lease option on the land that is good for one year.  He said that if all goes well, the first house will be ready in a year and a half.  He claims homes to be built will be very expensive and compatible with area.  He said Lytton band is very willing to talk to us and cooperate if we cooperate.  They want to be amicable.  If we fight, they will fight.  Planners are already working on plans"

Link to 25CFR151, federal law and process for creating new Indian trust
lands (this is the process!!).  Any search for CFR Title 25 will turn this
up also:

Following are comments from one of Windsor West home owners:

The relevant sections appear to be 151.3, 151.4, 15.10, 151.11, and 151.12.
Anyone who is involved should read and understand these sections, they are short but very critical.  After receiving the application for trust status (next week?) the Secretary of the Interior is required under 151.11(d) to
notify state and local governments that they have 30 days to respond in writing to the acquisition's impact to regulatory jurisdiction, real property taxes, and special assessments.  In addition, under 151.10(f) the Secretary must consider jurisdictional problems and potential conflicts of land use which may arise (ie, intended tribal use of trust lands and conflict with current zoning and land use regulations) -- this is us!!
 

Other useful info I found:

Attorney Anthony Cohen's website with his background info (he appears very
experienced in trust and tribal law):

 http://www.cfk.com/acres.html

Useful links to Indian resources from Cohen's website:

http://www.cfk.com/resources.htm
 

 "Tony Cohen,  the attorney for the Lytton Pomo's, phoned this morning and said he would be happy to
participate in one of our meetings, but his schedule is such that he would not be able to until Sat. July 14, 2001.  I said I would check with our group and get back to him.  I also asked him if the Pomo's might consider 10 homes instead of 50 since the property is zoned at 5 acre minimums.  He said that my question was a good one, but that the Pomos need 50 homes for their people.  He said many are living in sub-standard homes now and their needs would not be met if such low density was adhered to".

"I also got a call back from Steve Hart, a newsman with the Press Democrat.  He said he had done a story on this
group of Indians in January, but that he had been told that the Indians were not going to request land trusts and that they would adhere to county regulations.  He said our information was newsworthy and that he was going to call Tony Cohen and Georgina Funtanellas.  (He said he, or perhaps another reporter, would do a story on this if the information I gave him could be confirmed).  He also said that he has done a number of articles concerning different bands of Indians and that he was familiar with the way the Bureau of Indian Affairs works and that the Town of Windsor, the County of Sonoma, and private citizens should have the opportunity to voice their concerns to the Bureau before private lands are designated reservations.."

Mike Thompson's aide responded that we would be able to give input regarding the Land Trust.  She will be sending forms on federal regulations.  She also suggested that we contact Board of Supervisors.

Spoke today with Anthony (Tony) Cohen of Clement, Fitzpatrick & Kenworthy (Santa Rosa 707.523.1181)

- represents the Lytton Pomo in their quest for the Casino San Pablo and the Windsor property
- process to acquire the Windsor property started two years ago (1999) through another attorney, Jim Townsend
- the Lytton Pomo tribe currently has an option on the 50 acre parcel
- Mr. Cohen does not represent the current owner of the parcel, and believes that a trust has been set up by the former/current owner for the land
- stated that the current application in to the BIA for trust status covers the San Pablo and Windsor properties (can contact BIA -Sacramento to request copy) and that no new application is pending (this is not confirmed!)
- stated that a revised NEPA (National Environmental Policy Act) report must still be submitted to the BIA prior to final approvals,
and that a comment period (30 days) would be in effect (link to NEPA :  http://ceq.eh.doe.gov/nepa/regs/nepa/nepaeqia.htm)

- previous environmental surveys have been conducted at the site by Condor Earth Technology, a central valley engineering firm specializing in these proceedings

- acknowledged that he believes there are wetland issues on the property, and that there might be (still unsubstantiated) archeological issues relating to prior Pomo habitation of the site and area

Mr. Cohen's position as a representative of his client seemed to be that the US government supports tribal trust lands as reparation for past wrongs, including in particular the rancheria dissolution efforts from the middle of the last century.  He felt that he was following all US regulations and that the process would go forward and that the tribe would be successful.  He was hopeful that any material issues (financial, environmental, historical, safety) would come out from the neighbors and supersede concerns about other indian developments and their problems.  He felt the Lytton Pomo (if successful in gaining access to Casino San Pablo which he
believed a foregone conclusion) would put in upscale housing albeit at the high densities mentioned in earlier press articles and that he and they were desiring of a solution that could minimize impacts.  This could include possible financial compensation or buyouts, but in any case he did not believe there was any other parcel of land that would present any better opportunity for the Lytton Pomo and that they were prepared to 'make their stand' at this place.

My impression (solely mine) is that these opinions and timelines may or may not be accurate, and the intent may or may not be accurate, however Mr. Cohen did share information of a non-confidential nature and was expressive of desire for further communication.  Mr. Cohen does in fact represent the Lytton Pomo and there has not been any formal communication up to this point from him or the tribe, and until we have solid commitments it is practical to assume that efforts might redouble to push the trust application through rapidly.  In any event, there will and must by law be a 30 day formal notice period, but if we wait for this it will likely be too late to do anything significant.  Until formal dialog begins, we should continue to communicate the possible
implications and material concerns of the Lytton Pomo trust application broadly and forcefully to all of our neighbors, elected officials, and the press, and certainly keep our efforts focused on the very real issues at hand such as housing density, water, waste, environmental, current zoning, traffic, gaming potential, business use (admin building), noise (roundhouse) and property value/tax implications (these will both be impacted negatively if the trust is established), and what if any historical rights the Lytton Pomo have to this land other than it's the right size for their desires and in the same county as their old rancheria.
 

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