 |
|
|
|
|
|
 |
 |
 |
 |
 |
|
 |
 |
 |
 |
 |
|
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
| |
Preservation of Los Olivos (P.O.L.O.) is a group of citizens who are dedicated to preserving the highest quality of life in our rural community. Our mission is to be actively involved with educating the community on issues and local, state, and federal government in their decision making in order to ensure the balance of our rural environment, local business economy, and in defense of the public's health and safety. We endeavor to assure conscientious stewardship of our inherent resources: water, air, open spaces, habitat areas, agriculture, local businesses, cultural resources and our heritage that make up the quality of life we enjoy in the Santa Ynez Valley.
|
Understanding “Historic Landmark”
Over the last seven years of involvement in the Santa Ynez Valley, P.O.L.O. has learned that many things are not as they first appear. We have learned to ask questions and thoroughly research. Our effort has always been to provide our community with information so community members can make factual, and not emotional decisions.
P.O.L.O., Preservation of Los Olivos’ mission of “preservation” is not to prevent any change or growth in Los Olivos, or the Santa Ynez Valley. And it is certainly not to disregard private property rights. Our goal is active involvement in our community for careful, thoughtful decision making to ensure adherence to the goals and spirit of the community plan, with special emphasis on attempting to identify potential unintended consequences.
Valley Alliance’s nomination of Mattei’s Tavern as a Historic Landmark is a fine example of something that is not as it appears. P.O.L.O. certainly recognizes Mattei’s Tavern as a place of significant historic importance that is, indeed, a treasure of the Valley that deserves careful care and renovation.
What could be wrong with the nomination of a property as a Historic Landmark?
P.O.L.O. researched the applicable County code Chapter 18A Historic Landmarks Advisory Commission (HLAC). What we found could affect almost every property owner in the Santa Ynez Valley and every property owner should be concerned.
CHAPTER 18A, HISTORIC LANDMARKS COMMISSION
Paragraph 1: “The purpose of this chapter is to promote the economic welfare and prosperity of the county by preserving and protecting those places, sites, buildings, structures, works of art and other objects having a special historic or aesthetic character or interest, for the use, education and view of the general public and to remind the citizens of this county and visitors from background of the county.”
In other words, just about any private property as determined by the HLAC and BOS, could be considered for historic landmark (and not necessarily historic).
The criteria for eligibility is very long but includes . . . “special elements” . . . “identified with persons or events in local, state, or national history” . . .”work of a notable builder” . . .”view” . . .”geographical pattern”...
In other words, just about anything would be eligible as determined by the HLAC and BOS.
|
 |
What happens when place, site, building, structure, work of art and other object has been deemed a historic landmark?
Chapter 18: “Special conditions imposed” (b):
“No alterations, repairs, additions or changes (other than normal maintenance and repair work) shall be made unless and until all plans therefore have first been reviewed by the historic landmarks advisory commission and approved or modified, and reasonable conditions imposed as deemed necessary and that all such work shall be done under the direction and control of the historic landmarks advisory commission or other qualified persons designated by it.”
In other words, if approved decisions regarding the property become almost entirely under the control of the HLAC and the Board of Supervisors (BOS). Note that the HLAC is an appointed, non-elected commission.
It is very clear. Without owner consent the nomination and approval of private property as a historic landmark is complete disregard for private property rights and is a form of eminent domain. Anyone in disagreement with a private property owner could nominate that property - and depending on the politics - it could be approved as a historic landmark.
Interestingly enough, the California Historical Landmarks process requires the consent of the property owner.
Although members of the Valley Alliance Board including Gail Marshall (former Third District Supervisor), Lansing Duncan (Valley Alliance, Vice President and former GPAC Chairman), and Mark Oliver (Valley Alliance, President), and the others involved including Bob Fields (former VPAC Chairman), all have extensive County land use experience and are experienced in reading County code, P.O.L.O. is confident that they were not aware of this potential misuse of the Historical Landmark designation when they nominated the Mattei’s Tavern property without the owners’ consent.
However, because of the dangerous precedent that this could set for all private property owners, P.O.L.O. respectfully requests that Valley Alliance reconsider their nomination of Mattei’s Tavern as a historic landmark until the property owner is in agreement and consents to the nomination.
|
|
|
Santa Ynez, Ca., November 9, 2009: Grass roots citizen groups opposing tribal land expansion prevail and have been awarded $250,000.00 from the federal government through the Equal Access to Justice Act (EAJA).
Judge A. Howard Matz Published Decision, July 8, 2009
Published Decision: http://www.narf.org/nill/bulletins/dct/2009dct.htm
Preservation of Los Olivos v. United States Department of Interior 635 F.Supp.2d 1076 No. 06-1502 AHM (CTx) United States District Court, C.D., Ca. July 8, 2009.
*Synopsis: In citizens' groups' action for review of two orders of the Interior Board of Indian Appeals (IBIA) which dismissed their appeal from a Bureau of Indian Affairs (BIA) decision approving an Indian tribe's application to have land taken into federal trust, and for injunctive relief against enforcement of the order approving the tribe's application, groups moved for summary judgment.
*Holding: The District Court, A. Howard Matz, J. held that:
1) Court had jurisdiction to evaluate whether citizens’ groups had standing to seek judicial review of IBIA’s orders;
2) Groups demonstrated injury in fact;
3) Groups had an interest directly regulated by an action of the IBIA, as required to have prudential standing; and
4) IBIA acted arbitrarily and capriciously invoking judicial standing principles to dismiss groups’ appeal.
LInk: Judge A. Howard Matz Decision July 9, 2008
|
|
|
|
Who/What is P.O.L.O.?
P.O.L.O. is a 501 c (4) corporation that was formed in 2002 when hundreds of citizens believed they were not being represented in decisions being made on land use in Santa Barbara County.
Many P.O.L.O. members are extremely involved and volunteer 10-40 (or more) hours a week researching and attending County meetings to understand the decisions that are being made that affect all of our quality of lives. Hundreds of other members of the organization and community have attended the educational Town Hall meetings put on by P.O.L.O.
These P.O.L.O. members believe that one of the biggest challenges we face in our Community, State, and Country is the 25 billion dollar Indian tribal gambling industry and flawed federal and state law allowing tribal land and gambling expansion. What every citizen needs to understand is that current federal and state law ignores opposition to tribal gambling or land expansion. If the community wants the casino tribe to increase its gambling or expand its reservation, the federal and state agencies will listen. If the community opposes more gambling or land expansion, the federal and state agencies ignore the community. Citizens opposing tribal gambling or land expansion do not have equal protection of the law guaranteed to every citizen by the 14 th amendment. Their only recourse is to file a costly private lawsuit against the federal or state government. These lawsuits can cost millions of dollars. Because of the “Indian” casino in our community, we are all directly impacted by the Indian tribal land expansion and gambling industry.
After the massive expansion of their Casino in 2000, the Santa Ynez Band filed an application to place an additional 6.9 acres of land into federal “trust.” When the Bureau of Indian Affairs approved this application, P.O.L.O. and POSY filed a lawsuit against the federal government to stop the land from going into federal “trust”. This lawsuit was filed on behalf of thousands of citizens who had expressed their opposition to the Santa Ynez Band taking any more land into federal “trust” and out of local and state jurisdiction. As you will read, the ramifications of land placed into federal “trust”, and out of local and state jurisdiction are significant. Everyone in the United States is impacted by this because of the billions of largely unregulated Indian casino dollars that are involved. The majority of the population has no idea what is going on.
This website is being dedicated to these issues. |
P.O.L.O. Fundraising Campaign
“The Cost to Defend a Community”
We still need YOUR support!
The $250,000.00 award from the federal government through the EAJA helped considerably but we still have a remaining balance of approximately $100,000.00.
We have launched a nationwide fundraising campaign to "pay off the debt" by the end of this year! Every dollar counts. Support P.O.L.O. and Support all communities across the country impacted by tribal land expansion.
P.O.L.O., PO Box 722, Los Olivos, CA 93441
Please support all community groups across the Country by supporting P.O.L.O.
Donate Here
Learn more about the lawsuit
JOIN P.O.L.O.
the greater the numbers,
the louder the voice
Sign up for our email newsletters
|
|
|
|
|
|
|
|
|
|
Tribal gambling and land expansion are complicated. This website has been arranged in a “question/answer” format to explain the basics of the information. This website will not longer post “up to the moment” articles on tribal expansion. For up to the moment articles, log on to: www.trustandconsequences.com. |
| 1. Tribal gambling and land expansion issues are complicated. Is there any way for the average person to understand this? |
| 2. How does an Indian reservation and casino impact the community? Why should I care if they want to expand their reservation or add more slot machines? |
| 3. What does this lawsuit, “P.O.L.O. and POSY v. Department of the Interior” mean? |
Community Groups Sue the Federal Government
Preservation of Los Olivos and Preservation of Santa Ynez
v. United States Department of the Interior |
|
| 4. I hear people say, “They deserve whatever they can get because of what we took away from them.” What does POLO think of that? |
| 5. Why should I donate to support this POLO and this lawsuit on 6.9 acres? What does it really mean to me? |
| 6. The Santa Ynez Band says they are just going to build a museum on the 6.9 acres and that is why they want to take the land into federal "trust". Don’t you want a museum? |
| 7. I read about Schwarzenegger and “compacts.” What is a “state compact?" |
| 8. Doesn’t the Santa Ynez Band of Mission Indians donate to the community? |
| 9. What are Santa Barbara elected officials doing about tribal expansion issue? |
| 10. Why aren’t the Supervisors doing anything to protect the “non-Indian” citizens who have made it clear that they oppose tribal gambling and land expansion? |
| 11. What progress is being made? |
| 12. WHAT CAN YOU DO? |
Join and Support P.O.L.O. Sign up for the email updates.
In order to make a difference and change law, there must be an organized entity to represent the people. P.O.L.O., a 501 c 4 non-profit corporation, was formed for this purpose.
Education, and the legal system, are key to stop the inequity.
Standing up for our constitutional rights is an expensive venture. The question to you is, “How much is your quality of life, worth?”
Our voices must be many and must be loud so that our gambling dollar deaf elected representatives can hear us. Members of P.O.L.O. have spent and continue to spend thousands of hours on research, education, and meetings at the state and federal level, and have filed the lawsuit against the federal government. We are in contact and collaborating with other Citizen Groups across the country. Since our voices have been systematically silenced by politics, the BIA and our elected officials, we are placing our energy, time and resources in the legal system.
Every dollar counts. Many small dollars add up to big dollars:
Donate Monthly: email info@polosyv.org |
|
|
|
|
|
|
|
| |
|
|
P.O.L.O.
P.O. Box 722
Los Olivos, Ca. 93441
805-693-5090 |
|
|
|
|
Contributions or gifts to P.O.L.O. are not tax deductible.
Consult with your tax accountant for further advisement. |
|
|
P.O.L.O. is a non-partisan, non-profit organization.
P.O.L.O. was founded in 2002 for the purpose of being an advocacy group
for the preservation of Los Olivos and the Santa Ynez Valley.
|
| |
|
|
|
|
|
|
|
|
|
|
|
|
 |
|
|
|
|
| |
| |
|
