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 July 2, 2001, 11:00 AM
 
 

June 19, 2001  8:00 PM - Information on Presentation to Windsor City Council today as an  Off-Agenda Item

Windsor Town Council Meeting June 20, 2001

Off- Agenda Item

Board of Directors of Windsor Water District
Extension of sewer/water service out of District

1.  Inquiries have been made of the Town staff by the Lytton Band of Indians for the extension of sewer and/or water service outside the District’s boundaries to the property located west of the Town’s urban
growth boundaries.
2.  According to the S.F. Chronicle, in an article dated May 25, 2001, this request is to serve a proposed fifty dwellings, in addition to an administrative building and a roundhouse.
3.  Senator Wes Chesbro’s office has informed us that the Lyttons have also filed with the Department of Indian Affairs for Federal Trust status.
4.  Supervisor Kelley’s Office has been silent on the issue.

5.  The land in question is currently zoned for agricultural uses, minimum of five acres per parcel. This of course is not the town’s direct concern, although a change to one acre per parcel may negatively impact the Town’s growth plans.
6.  We believe that a density of one unit per acre plus assembly buildings will negatively impact our agricultural properties, and we will oppose it.
7.  Under 25 CFR 151 et seq., the Secretary of Indian Affairs is required to notify the state and local governments having regulatory jurisdiction over the land to be acquired by the feds. The local
jurisdictions have 30 days to respond.
8.  The Town should be notified; the County certainly will.
9.  Thirty days is not much time, therefore, we are informing the Council now, so that the Town may consider the application by the Lytton Band.

10.  The extension of outside sewer or water service does not meet the requirements of Section B.4.1. of Resolution 679A-97 as adopted by initiative vote of the citizens of Windsor on January 6, 1998.

•  a.  The proposed land use is not consistent the Town’s General Plan of 1997.
•  b.  The proposed land use is not compatible with open space uses as defined in the General Plan and will interfere with accepted agricultural practices, and will adversely affect the stability of land use patterns in the area.
•  c.  The property is not immediately adjacent to land already served with sewer and water by the District.
•  d.  There is no unique circumstance that deprives this property of privileges enjoyed by other properties in the vicinity of the property to be served.

11.  In the background of course, is the fear that plans could change once the property is tribal land, and a Casino might blossom on Windsor River Road.

"I have requested today from the Sacramento regional office of the Bureau of Indian Affairs, and the Northern California Agency,  a copy of the Trust Application filed by the Lytton Pomo covering the Casino San Pablo as well as the Windsor parcel.  I contacted the following individuals:"

Ronald Jaeger
Regional Director, Pacific (California)
BIA
2800 Cottage Way
Sacramento, CA 95825
(916) 978-6000
fax (916) 978-6099

Virgil W. Akins
Representative, Northern California Agency
BIA
1900 Churn Creek Road
Suite J
Redding, CA 96049
(530) 246-5141
fax (530) 246-5167
 

Summary of Information and Comments from telephone conversation with Tony Cohen, attorney for Lytton Pomos regarding the Windsor River Road site. (6/19/01, 5:30 pm)

• · Application for the Windsor site has been filed with the Bureau of Indian Affairs (BIA) for over two years.  No new filing is believed to be needed (Cohen), however, an environmental study (package) is required to complete the filing process in order to start the 30 day review process by local, county and state governments for comments.  Mr. Cohen implied that a more complete environmental study will be forthcoming shortly after he has had an opportunity to review the previous work. study (if he, they deem it necessary).
• · A “Preliminary Environmental Study” was conducted on this site, dated October 1998, by Condor Earth Technologies, a firm that “specializes” in assessing Indian projects. That study has identified wetlands and possible other environmental concerns on the site. NOTE:  we should be leary about this firm and its connections with Indian projects.
• · According to Tony Cohen, “engineers” have indicated that this site is environmentally suitable for the proposed 50 residences and that engineering solutions can be developed for sewage disposal (implying either on-site treatment and disposal or possible future connection to Town of Windsor utilities).  When asked who these “engineers” are, Mr. Cohen could not remember.
• · According to Mr. Cohen, the Lytton Pomos have had an option on the property for some time, at least dating back to October 1998 (date of prel. environmental report) and that the current property owner, Georgina Fautenellis (sp.) has been aware that it was the Pomos since day one.  The official land purchase-option holder on the contract is Sonoma Amusement Management, Inc. which is the gaming partner of the Lytton Pomos.
• · Mr. Cohen also indicated that the Pomos are willing to “sign into declaration that they will not pursue economic development in Sonoma County in perpetuity” if or when they get the San Pablo Casino site approved.
• · Mr. Cohen also indicated that the Windsor site development would also include a “cultural center” (not clear if this would be an additional building or not). When asked would this “center” be open to the public, he wasn’t sure.
• · Mr. Cohen indicated that the most typical complaint about Indian land by the public is that the land would be taken off the tax roll.  In order to get an endorsement or a neutrality vote from county or town governments, the Pomos are willing to “wheel and deal” or make concessions to the governments such as…..”paying for a water line here or there”  or “do you need a new fire engine”, etc. In other words, token gifts to governments to calm any opposition.

6/20/01  11:30 am  Conversation with Paul Berlant, Windsor Town Manager,
707.838.5311

- Mr. Berlant was first contacted by Anthony Cohen (attorney) in December of 1999.  Mr. Cohen again contacted Mr. Berlant this morning.  Mr. Berlant also learned that the Lytton Pomo (LP) have been working with Supervisor Paul Kelly.
- Mr. Cohen told Mr. Berlant that the LP are awaiting federal approval to place the casino land into trust.  Funds resulting from that action would be used to purchase the Windsor River Road parcel
- For now, there is a Class II gaming license in place, the LP are pursuing a Class III license
- Mr. Berlant sent a general memo to the Windsor Town Council in January 2000 outlining his contact with the Lytton Pomo and their interest in the parcel, and that he forwarded the recent SF Chronicle article when he
received it
- Mr. Berlant indicated today that the parcel in question is not in the sphere of influence or Town Plan, and that the Town would not consider annexing the parcel for 15-20 years
- Mr. Berlant received packages of information from Mr. Cohen related to the parcel, including a copy of the Trust Application to the BIA.  Since these are a matter of public record, Mr. Berlant acknowledged that anyone could come to his office to look through the files and mark documents that could be copied for 10c per page.  (Note: BC has agreed to do this)

In today's conversation between Mr. Cohen and Mr. Berlant, Mr. Berlant was told the following:

- The intent is to build 50 'upscale' homes on the parcel
- A community center will be built to provide day care, recreation, and support tribal activities
- preliminary tests completed so far indicate adequate water for the site, but that a 'self contained / packaged waste facility' was only option
- the LP want to talk with the Town of Windsor about any resulting infrastructure needs, after the BIA notifies public agencies for comment
 

"Today I called the Bureau of Indian Affairs in Washington D.C. in an attempt to get some sort of written documentation proving that the tribe is negotiating on this Windsor land.    I got the name of the lady who handles
the real estate transactions.  Her name is Kayla 202-208-5954.  I left a message and have not heard back.  I also spoke to the head of the department there (Larry Scrivner, 202-208-5831)  and he referred me to the Sacramento office stating that applications for land trusts go directly to the regional offices.  I called Sacramento and reached Carmen Facio, 916-978-6062.  She stated that she did have an application from the tribe dated 1999 and that it usually takes two years for the land trust to come through.  That sounds
like now to me!  She also stated that the Windsor land was not a priority of the tribe right now that the San Pablo land was.  I asked her to fax me information on their application and the process.  She said she would but
was VERY reluctant.  She wanted to know who I was and why did I want to know.  I also spoke to Ms. Diamond at Wes Chesbro's office and she confirmed that Carmen Facio is the person to talk to regarding this matter."

1st Item - See June 19, 2001  8:00 PM - Information on Presentation to Windsor City Council today as an  Off-Agenda Item

 
2nd Item - following letter
An article dated May 25, 2001 in The San Francisco Chronicle stated that the Lytton Band of Pomo Indians is in the process of getting a 50 acre parcel of land just west of the Town of Windsor designated a Federal Land Trust. Their intentions for this land is to build 50 houses, a roundhouse and an administrative building. Several phone calls to the Bureau of Indian Affairs and Senator Wes Chesbro's office have confirmed that the Lytton's filed an application for this property in 1999.

As a neighbor to this property and a business owner in The Town of Windsor, I have several concerns..

I. This land (parcel # 066 300 031 000) is zoned for agricultural uses, minimum of 5 acres per parcel. The Lytton's want to develop 50 houses on this 50 acres. If the land is designated a Land Trust, the Lytton's will not be subject to local zoning regulations. They will be exempt because it is a reservation. This proposed high density will negatively impact my property as well as my neighbors.

2. Are the aquifers under this property large enough to support 50 dwellings plus the existing houses? The land does not percolate. How will septic be dealt with? If they have reservation status, will the Lytton's be in a position to force the Town of Windsor to run sewer and water out to the property?

3.. This land is currently an oak forest that has a winter creek that flows through my property and eventually into the Russian River. If the land is cleared for development, what kind of negative impact will this have on the environment?

4. What level of noise and traffic will result from the administrative building and roundhouse? Will the traffic have an effect on Windsor's downtown?

5. Will the administrative building be used for commercial purposes? What if the Lytton's eventually want to put a casino on the property? If the land has tribal status, the community will have no say.

6. What impact will this have on property values in the area?

Under 25 CFR 151 et seq., the Secretary of Indian Affairs is required to notify the state and local governments having regulatory jurisdiction over the land to be acquired by the Feds. The local jurisdictions have 30 days to respond. The Lytton's will be resubmitting their application by next week. It is necessary for the Town to act now.

Thank you for hearing my concerns.

3rd Item - following letter
Dear Windsor Town Council.

     My family and I live on Windsor River Road.  Three weeks ago, I received a copy of an article that appeared in the San Francisco Chronicle.  It discussed the plans of the Lytton Band of Pomo Indians to purchase 50 acres of oak forest near our home where we have lived for the last 17 years.  It was stated in this article that the Pomo Indians would like to have this land redesignated as a reservation and then build 50 homes, a roundhouse and administrative building.  The information in this article has been confirmed and the Pomo Indians are submitting an application for redesignation of this property to the Bureau of  Indian Affairs next week.  Individuals, cities, and county governments have 30 days to voice any of their concerns to the Bureau of Indian Affairs.  The property is currently zoned for one house per 5 acres.
    I spoke with Anthony Cohen, representing attorney for the Pomo's, and asked him if his clients would consider adhering to our local zoning restrictions.  He said that was not feasible since his clients need a minimun of 50 homes.  This type of proposed land use density does not seem consistent with the Town's General Plan of 1997.
    Futhermore, the property is not immediately adjacent to land already served with sewer amd water by the Windsor District.  Will Windsor provide the residences of this new development with sewer and water and other city services?  When we chose our home many years ago, we did so after careful investigation of local zoning ordinances.  We thouight that it would be the ideal location to raise our family and to live in our retirement years.  We knew that some things would change, but that basically we would be surrounded by agricultural properties.  We cherish our rural atmosphere.  If this proposed development becomes a reality and Windsor does not provide the new resident with sewer and water, they will need to put oin their own wells and septic system.  Will such an increase in aquifer use affect our well?  We also have a winter creek on our property which carries water from this 50 acre site.  Can this creek handle the addition of an extra 50 families?  What about the increase in traffic congestion and the increase in noise level?  Will this proposed development have a negative impact on property values?
    I realize that we are technically outside of the jurisdiction of Windsor, but I consider myself a Windsor Citizen and I am asking for your help in answering some of these concerns.  Thank you for your co-operation in  this matter.

4th Item - additional information will be following.
 

June 21, 2001 10:00 AM Update on Information from BIA and Tony Cohen

Spoke with Carmen Facio (CF) at the Realty Division of the BIA in Sacramento (after being referred by Director Ronald Jaeger's office) and requested a copy of the current Trust Application and all Exhibits.   CF indicated that the application was out of date (from 1999) and that all documents were being returned to the tribe later today to be updated.  She told me that the Windsor components of the application had not even been considered, and that only the Casino (San Pablo) sections were being reviewed.  She indicated that at a minimum certain areas would need to be made current since they were no longer timely:  environmental
study, title research, and purchase agreements.  CF remained reluctant to forward any information although this caller indicated he believed it was a matter of public record, upon which she suggested that the request be put through formal request for information process in writing.  Because she felt that certain documents were confidential, she would not release them in any case.   She did agree to forward a copy of Exhibit OO (Site Plan), although it was not easily readable.

Contacted Tony Cohen's (LP attorney) office to request a complete copy of the October 1999 Trust Application and all Exhibits.  Was told Mr. Cohen will be out of the office until July 9th.  In a fax to Paul Berlant, Town Manager - Windsor, dated January 3rd, Mr. Cohen provided a copy of the 'top level' application document and offered to send Mr. Berlant any of the Exhibits mentioned in the Trust Application.
 

I got a return call from Cherise (sp) of Tony Cohen's office regarding  my request for the Preliminary Environmental report on the Windsor site. She indicated Tony is on vacation unitl 7/9 and that the
existing report is an "early" draft, one that is not suitable for public distribution.  I asked again if there was any way to review that document or get a copy and she said no way.  She also indicated that the report is being updated for distribution (draft) which will be available in about a month.  She took my name and address and
has put me on the distribution list when the report is ready.

1.  Mike Thompson's office:  I spoke with Cheryl Diehm and she said she spoke to Windsor's Town Manager, Paul, and that our concerns will be openly discussed.  She said she sent me a copy of the federal regulations that must be followed when tribal land acquisitions are requested and a copy has been received.   I also asked if a new separate application needed to be filed for the Windsor site since we have received some conflicting information.  She said that when she spoke with the Bureau earlier this week that they said they were requiring a new separate Windsor application from the Pomo Tribe.

2.  Gov. Gray Davis office:  I spoke to an aide who said my concerns would be noted and passed to the Governor.  She felt the issue, however, was one that needed to first be addressed at our local level.  I also questioned whether or not the Governor had decided his position regarding changing the gaming status of the San Pablo Card Room. She said that currently this question remains unanswered.

3.  Virginia Strom Martin's office:  Her representative said she is sensitive to our concerns, but the problem is more of a federal issue.  She said that she would like us to keep her informed of our endeavors.

4.  Sonoma County Administrator's Office:  Mr. Mike Crystal:  He said his was unaware of this particular situation.  I said I was particularly displeased with the fact that I had received no notification of the Pomo's intentions.  He said he would speak to Paul Kelly and that it was likely that Paul would be the spokesman for the Board of Supervisors in this instance since it is an issue in his district.  He also said he would talk with the county's attorney about this matter and get back to me.

5.  I spoke with the Windsor Town Manager:  He said he did not think that a special meeting would be called to discuss our situation, nor did he think we were on the agenda for the next meeting.  He said he did not believe there was any urgency since the Town has not been notified of anything by the Bureau of Indian Affairs.  He also said that he thought a N.E.P.A. report on the property had to be filed by the Pomo's, and this had also not yet been done.  He suggested we write a letter to Tony Cohen requesting that we be put on his mailing list for public notifications.