POINT MOLATE SHORELINE PROTECTION AGREEMENT BENEFITS

The Point Molate Shoreline Protection Agreement resolves the lawsuit between Citizens for East Shore Parks (CESP), Sustainability, Parks, Recycling and Wildlife Legal Defense Fund (SPRAWLDEF), the Guidiville Tribe and Upstream Point Molate LLC. The Agreement includes $35 million for shoreland acquisition, habitat restoration, park creation, and recreational access, as well as funding for a sustained effort to protect and restore native flora and fauna. The Parties will form the East Bay Natural Heritage Foundation that will leverage this money to safeguard as much of Richmond’s spectacular shoreline as possible, while also providing recreational access to shoreline lands and the Bay. The following is what the settlement provides for Point Molate, and for points beyond.

More than 180 of the site’s 273 total upland acres – about 2/3 of the site’s land – will be protected in perpetuity under specific provisions in the agreement. Buildings will be constructed solely in areas previously used by the Navy, avoid sensitive habitat areas, and be set back from the Bay to allow a continuous shoreline and trail.  All of the site’s existing undeveloped submerged lands – over 130 acres – will be restored and protected, including over 62 acres of rare eel-grass beds, which provide vital habitat for many aquatic animals.  Thus, of the site’s total acreage of 412 acres, more than 310 acres – over 3/4 of the entire site – will be restored and protected.

A $35 million Fund for Open Space acquisition will be created.  The Guidiville Tribe will contribute $7 million to the East Bay Natural Heritage Foundation for each of five years beginning after the project opens.

An additional $5 million will fund design and maintenance of open space acquired. This $5 million comes in payments of $1 million a year for five years after the project opens.

A further $3 million will fund preparatory work for open space land acquisition and conservation easements

Furthermore, an additional $20 million will be contributed by the Guidiville Tribe for open space acquisition provided that the full amount can be credited against the money due under the Guidiville Tribe’s Gaming Compact with the state of California.

An additional $5 million will be contributed by the Guidiville Tribe to complete the shoreline Bay Trail (as well as hillside trails) to create safe access for children, families, pedestrians, cyclists, hikers, joggers, skaters, bird-watchers, and hand-holders. The Bay Trail will run the full length of the Point Molate shore, then continue south from the resort area to Highway 580, and eventually connect to the Richmond and Point Richmond trail areas.

These funds will go to the East Bay Natural Heritage Foundation which the parties will set up as a non-profit tax deductible foundation with two members from CESP, one from SPRAWLDEF, and two from the Guideville Tribe and Yocha Dehe Wintun Nation.

Similar to the East Bay Natural Heritage Foundation, another non-profit organization will be set up to focus on waste reduction, recycling, energy conservation, and other such issues with two members appointed by SPRAWLDEF, one from CESP and two from the Guidiville Tribe and Yocha Dehe Wintun Nation.

In addition, in kind or funding contributions will be made to help protect the open space in the adjacent shoreline and hillside areas immediately north of Point Molate, at Terminal 4 and at the Yacht Harbor areas.

All but one of the existing buildings comprising the Winehaven Historic District will be preserved and rehabilitated.

The Point Molate project also promises job growth in the local community, as it includes 1,100 hotel rooms, convention and performing arts centers, entertainment venues, a retail/pedestrian mall, a Guidiville tribal government center, tribal roundhouse, and intertribal dance grounds,

The site’s buildings and facilities will employ cutting-edge energy conservation technologies, including passive heating and cooling systems and key-card electrical shutoffs for all hotel rooms. A multi-faceted waste diversion program will further minimize the project’s ecological footprint, as will an on-site graywater treatment and recycling system. Environmental sustainability displays will provide an entertaining and educational overview of the site’s conservation efforts.

Ferry service and BART shuttles will create environmentally friendly transportation options for the site’s guests and employees.  

Additionally, the Guidiville Tribe will receive technical support from and work with local ecological experts to develop a program for the removal of invasive species and for the restoration of native plants and habitats. Support will also be included for the restoration of offshore eel grass beds, crucial habitat for the shoreline’s abundant wildlife. Multiple creeks and streams within the project site will be preserved or restored, and a city tree-planting program will be implemented. The Guidiville Tribe and Upstream will also fund a Conservation Corps or similar organization to help implement the habitat and site restoration work (which will be supervised by an oversight committee) for at least ten years.

A quick list of beneficial aspects of the project includes the following: 

Mitigation and Improvements Measures

Habitat protection and site restoration measures include but are not limited to:

• Removal of invasive species and restoration of native habitats in consultation with experts in the field of native habitat ecology, to be consistent with the Supplemental Habitat Analysis, dated August 2010 and prepared by Analytical Environmental Services
• Support for restoration of offshore eel grass beds (to be coordinated by Guidiville tribal members)
• Construction and maintenance of on-site shoreline and hillside open space to protect habitat and wildlife and public access, in accord with a Special Status Species/Native Plant Restoration and Protection Plan and Special Status Species/Native Plant/Open Space Map annexed as Exhibits 2 and 4, respectively
• Support for City tree-planting program (project proponents will purchase trees to enhance productivity of existing City staff and equipment)
• Restoration and preservation of creeks and streams within the property
• The Parties will establish an advisory committee for the habitat and site restoration work and invite open space advocates to participate as members of the advisory committee
• Project proponents will fund a Richmond Conservation Corps or similar organization to assist in implementing the habitat and site restoration work for a ten-year period

Buildings and Facilities sustainable elements, will include, but not be limited to:

• On-site photovoltaic arrays (with a generating capacity of at least 2 megawatts)
• Passive heating and cooling throughout building orientation and design (but not the sole heating or cooling mechanism utilized)
• Day-lighting of most public spaces, including the casino area
• Key-card electrical shut-off systems for hotel rooms
• Low flow fixtures throughout the project
• Graywater treatment and recycling system
• Use of best management practices for stormwater management, including bioswales, permeable pavements, stormwater retention and more
• On-site environmental sustainability displays and education
• Waste diversion program, including recycling, composting of food wastes and use of compostable containers
• Organic garden for on-site use and teaching

Transportation and transit elements include but will not be limited to:

• Approximately annual survey of patrons and employees to determine their travel routes and modes to develop specific measures to be reviewed with open space advocates and implemented by the Guidiville Tribe to reduce reliance on automobiles and increase use of mass transit including buses, BART, and ferry service
• On-site ferry service to points around the Bay subsidized by operations at the project (in accordance with the program and designs allowed by site permits)
• Linkages to BART, Amtrak and regional bus services by shuttles provided by the project operators
• Collaboration with the City of Richmond, Contra Costa County Sheriff, and BART to enhance security at the Richmond BART Station
• Employee and patron vehicle trip reduction incentives
• On-site electric shuttles (no private automobiles) within pedestrian and shoreline areas
• Construction of on-site portion of Bay Trail
• Collaboration with East Bay Regional Park District and the National Park Service to facilitate park visitation to regional and national parks throughout area

CESP and SPRAWLDEF have the right to sue the Guidiville Tribe to enforce the terms of this settlement.  Just like the other agreements with the City of Richmond, the County and the Labor Unions, the Guidiville Tribe has waived its sovereign immunity for purposes of enforcing our Agreement.