Point
Molate
On March
16, 2012, the Guidiville Tribe and Upstream Point Molate,
LLC filed a law suit in the U.S District Court for Northern
California against the U.S. Government and the City of Richmond
asking the court to reverse rulings by the Bureau of Indian
Affairs that the Guidiville Tribe doesn’t qualify to
have Point Molate designated as Tribal lands for gambling
and seeking from the City of Richmond reimbursement for actual
and punitive damages, including but not limited to costs
and lost profits claimed to exceed $780 million. Click
Here to download the law suit >> |
On January
30, 2012, the City of Richmond sent a
letter informing
Upstream of the City Council’s determination that
its alternative development proposal was not acceptable. |
| In response
to Upstream’s
Sept.
16 letter,
the Richmond City Council agreed as a gesture of good faith
to enter into a 120-day exclusive negotiating period over a
non-casino alternative development at Point Molate as outlined
in Upstream’s
July 29 letter. |
On September
2, 2011, the Department of the Interior denied the Guidiville
Band’s “restored lands” gaming application
under the Indian Gaming Regulatory Act and determined that
the Band does not have a modern connection or a
significant historical connectionto the proposed
gaming site in Richmond. Click
Here for Fact Sheet. |
On August 16, 2011, the
City of Richmond seized the initiative to resolve lingering
legal disputes with Upstream Point Molate, LLC. The City’s
position is that the City has discharged its contractual
obligations under the contract with Upstream and is ready
to move on. Because Upstream disagrees, the City has filed
a Complaint for Declaratory
Relief in Contra Costa County Superior Court (Case
# C11-01834). See
more on the Tom Butt E-Forum >>
|

Point
Molate Community Advisory Committee Visits the City’s Closed
Point Molate Beach Park
The 413-acre former Point Molate Naval Fuel Depot (NFD) contains
about 290 acres of land above high tide elevation. Located on Richmond’s
shoreline about 1- 1/2 miles north of the Richmond/San Rafael Bridge
this unique site contains:
- 1.4 miles of unoccupied shoreline
- A
400 foot high ridge line with sweeping views of two bays, a Victorian
island lighthouse, Mount Tamalpais and Mount Saint Helena
- A 1400
foot long pier providing deep water access
- A 41-acre National
Register Historic District
- A Rhineland-style castle that
was the largest winery in the U.S. prior to Prohibition
- Extensive
inter tidal eel grass beds and
- Rare coastal prairie and
coastal bluff native plant communities.

Once the largest winery
in the United States, the
41-acre Winehaven Historic District is recognized under both Federal
and State law.
Beginning in 1942, Point Molate served as a U.S. Navy fuel storage
and transfer facility. It closed on September 30, 1995 under the
U.S. Department of Defense Base Realignment and Closure Act of
1990. The Navy sold 218 acres of the property to the City
of Richmond for one dollar in September 2003. Transfer of the remaining
land was completed in March 2010 under an Early Transfer Cooperative
Agreement under which the Navy provided the City with $28.5
million for a cleanup approach agreed upon by the parties
and the Regional Water Quality Control Board, including a
2008 Remediation Agreement between the City and Upstream that further
details Upstream’s remediation obligations.

Earth
Day 2012 Cleanup of Point Molate - Photo by Mike
Parker
Natural Environment
Bay Nature magazine featured the natural world
of Point Molate in the article "Betting
on Point Molate" by
Chiori Santiago.
In particular, Native
Plants are real survivors at Point Molate. The
uplands of Point Molate are distinguished by coastal terrace prairie
and northern coastal bluff scrub plant communities where the major
conservation issue is unmanaged invasive alien plants. The inter
tidal zone is distinguished by abundant eelgrass beds and a variety
of kelp. It is mostly rocky with the exception of sand/mud flats
offshore Point Molate beach.
The September, 1998
Special-Status
Plant Survey And Habitat Assessment report for Point Molate NFD, which was prepared
by Michael Wood of Sycamore Associates and Tetra Tech, states:
• “numerous
plant taxa of botanical significance do occur on site;”
• “Coastal
terrace prairie and northern coastal bluff scrub habitats are exceedingly
rare in the East Bay and represent diminishing habitats throughout
their range;”
• “the native perennial grasses
.... exhibit very high levels of density and diversity. Native
grasslands of comparable quality are extremely uncommon in the
East Bay, as well as in more coastal areas in Marin County;”
• “the
diversity of wildflowers in the grasslands is also unusual in the
region.”

Reuse Plan for Former Naval Fuel Depot
A 45-member Blue Ribbon Advisory Committee developed
the Point
Molate Reuse Plan, which was approved by
the Richmond City Council acting as the Local Reuse Authority
(LRA), in 1997. This Plan serves as the guide for
the reuse and development of the site. It calls for
a mixed use development concept with 191 acres reserved
for shoreline park and hillside open space lands as shown
on the Conceptual
Land Use Plan and Open
Space Plan.
Uses proposed for buildings in the Winehaven Historic
District include:
1. Winehaven Building - winery, restaurant, museum, retail, meeting
rooms, performing arts and a recording studio
2.
Historic winery cottages - conference center, retreat, B&B,
classrooms.
Existing buildings on a 20-acre site immediately south
of Winehaven are proposed for a winery, live/work, warehousing,
job training and light industrial uses. Single
and multifamily residential development is recommended
on about 38 acres of relatively flat land south of the
above development areas.
Land
Disposition Agreement With Upstream Point Molate, LLC
Amidst
great controversy, on Nov. 24, 2004 the City of Richmond
entered into a Land Disposition Agreement (LDA) with Upstream
Point Molate LLC to sell former Naval Fuel Depot Point Molate
for $50 million. The LDA requires construction
and maintenance of the Bay Trail along the entire 1.4 miles
of shoreline with about 33 acres of shoreline park and
150 acres of Hillside Open Space with its public trail system
as part of any future development of the property. The Bay
Trail must be completed during the first construction phase.
The LDA was amended March 7, 2006 to allow a first phase
purchase ($16.7 million) of 30 acres for residential development
inland of Western Drive at the southern approach to the property
plus 60 acres for shoreline parks and open space. If
Upstream exercises this first phase purchase, they would
be required to fund construction of the Bay Trail plus shoreline
park lands averaging 50 feet wide along the entire 1.4 miles
of shoreline. The
LDA and amendment are available from the City of Richmond.
Upstream proposed to create new tribal lands for the Guidiville
Band of the Pomo Indians in order to develop the Winehaven
Historic District as a resort
hotel/casino complex. in a November 2010 election,
Richmond’s voters rejected the casino proposal with a
57.5% to 42.5% advisory vote. After certification of a
Final Environmental
Impact Report on March 8, 2011, the Richmond City
Council rejected
the hotel/casino project on April 5, 2011.
Under the LDA with Upstream Point Molate, LLC, the Richmond
City Council’s April 5, 2011decision to discontinue consideration
of a gambling casino at Point Molate triggered a 120-day period
for Upstream Point Molate, LLC to negotiate exclusively an
alternative proposal in good faith. Upstream did not
do so and, instead, contended that the City had breached the
LDA and that the closing date for acquisition of the property
was extended to March 14, 2013 due to litigation filed previously
by others. The City of Richmond responded by filing a
Complaint
for Declaratory Relief in Contra Costa County Superior Court on
August 16, 2011 seeking affirmation that the City no longer
has any outstanding obligations under the LDA with Upstream
and is free to pursue other options with respect to the sale,
lease or development of former Point Molate Naval Fuel Depot.
| Point Molate
Community Advisory Committee |
 |
| Mayor McLaughlin and Councilmember Butt
with members of PMCAC |
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On January 18, 2011, the City Council adopted Resolution 8-11 establishing
the Point Molate Community Advisory Committee (PMCAC)
to work with the City Council, staff and other citizen
advisory boards and commissions as appropriate, to
provide advice and input on all Point Molate matters;
review proposed Point Molate development budgets
with City staff; and make Point Molate development
expenditure recommendations to the City Council in
conjunction with staff.
PMCAC meets on the third Monday of the month from
6:30 to 9 PM.
Click
here for meeting agendas and minutes with a
list of appointed committee members .
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