September 13, 2022
Mayor's Office
DATE: September 13, 2022
TO: Members of the City Council
FROM:
Mayor Tom Butt
Subject:
Maintenance and Security at Point Molate
FINANCIAL IMPACT: Unknown
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
The City of Richmond is responsible for maintenance and security at Point Molate but is doing a poor job of both.
RECOMMENDED ACTION:
DIRECT the city manager, or designee, to prepare,
execute, and fund a plan to provide effective
maintenance and security at Point Molate – Office of the Mayor (Mayor Tom Butt 510-620-6502).
DISCUSSION:
The Judgment on Claims Between Plaintiffs Guidiville Rancheria of California and Upstream Point Molate, LLC, and Defendant City of Richmond states in paragraph 24:
City shall bear all expenses of maintaining and securing the Property, until the Development Areas are sold to a third party.
AGENDA
REPORT
September 13, 2022
The City of Richmond is not in compliance with the Judgement because it is neither maintaining nor securing Point Molate.
Maintenance
The buildings constituting the Winehaven Historic District, which is listed on the National Register of Historic Places, are over 100 years old and have not had the benefit of any significant maintenance at least since the Navy left over 27 years ago.
The wood frame dwelling units are exhibiting severe exterior deterioration due to water damage and wood decay. The roofs are significantly past their expected useful life, with many leaking and causing damage to structure and interiors.
The roofs of other buildings, significantly Buildings 1, 2 and 6 are also leaking. There is ongoing masonry damage to Building 6. Parts of Buildings 1, 2 and 6 have long since fallen in due to neglect and water damage.
Sump pumps in Buildings 1, 2, and 6 are either not working or are at risk due to deterioration, vandalism, theft and neglect.
These buildings are invaluable and irreplaceable.
Security
Security at Point Molate is ineffective at best and non-existent at worse. There is no active contract for Point Molate Security. Allied Universal previously had a contract with the City, but it was transferred to Winehaven LLC (SunCal) when they assumed responsibility as a provision of the DDA when their entitlements were granted. Even then, the contract was only for 1600 to 0800 hours. There has been no security during the day. According to Allied Universal, they have not been paid in seven months and are owed about $80,000.
On August 19, 2022, I was able to enter and walk freely through the residential area and access cottages.
The fences enclosing areas off limits to the public are damaged and breached at multiple locations, and gates are often left open for extended periods. Even with fences intact and gates closed. Point Molate is not secure without at least one 24/7 security guard. Electronic surveillance could help but does not exist. An individual who so desires can easily enter the fenced areas of Point Molate and roam at will.
Theft and vandalism occur on a regular basis.
On July 13, 2022, Craig Murray wrote:
September 13, 2022
RPD arrested two individuals that apparently cut through fencing on the north end of the Beach Park and accessed this Drum Lot 1 location at the base of the Pt Molate Pier. Image is of building 69 and point to entry.
Pt Molate Caretaker assisted RPD in observing and reporting two individuals that were subsequently caught and placed under arrest by RPD.
On July 14, 2022, Craig Murray reported:
Perps are burning wires, materials in this vacant building (Pump House Building 69)…This building experienced another break-in, vandalism
Figure 1 - Vandalism and theft at Building 69
September 13, 2022
Figure 2 - Damaged gate
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Figure 3 - Damaged fence
Figure 4 – Permanently open gate at north end of Point Molate
September 13, 2022
Figure 5 - Main gate open three days in a row
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Figure 6 - Opening in fence provides access to housing area Demolition by Neglect
The Richmond Municipal Code includes prohibition of Demolition by Neglect (15.04.303.140.E), and the lack of maintenance at Point Molate constitutes Demolition by Neglect.
Prevention of Demolition by Neglect. 1. General Obligation. The owner, lessees and any other person in actual charge or possession of an historical resource shall prevent demolition by neglect.
There are consequences (15.04.303.150):
A. Any person who violates a requirement of this article or fails to obey an order or permit issued pursuant thereto shall be guilty of a misdemeanor.
B. Any person who constructs, alters, removes or demolishes a historic resource or Landmark in violation of this article shall be required to restore the building, object, site or structure to its appearance or setting prior to the violation to the extent such restoration is physically possible. Any
September 13, 2022
action to enforce this provision may be brought by the City or any other interested party. This civil remedy shall be in addition to, and not in lieu of, any criminal prosecution and the penalty or other remedy provided by law.
There is also a requirement for the Zoning Administrator to take a proactive role (15.04.303.140.D):
C. Notice to Comply. If the Zoning Administrator determines that a historic resource or any other property in an -H District or any designated Landmark is being neglected and subject to damage from weather or vandalism, the Zoning Administrator shall meet with the owner or other person having legal custody and control of the historic resource or Landmark to discuss with them ways to improve the condition of the property. If no attempt or insufficient effort is made to correct any noted conditions thereafter, the Zoning Administrator may issue a Notice to Comply requiring the owner or other person having legal custody and control of the historic resource or Landmark to take action to require corrections of defects in the subject property in order that such historic resource or Landmark may be preserved in accordance with this section, except if the property owner can present clear and convincing evidence to the Zoning Administrator that his/her ability to improve the condition of the property is constrained by limited financial resources of other immediate and substantial hardship. If a financial or other hardship is found to exist, the Zoning Administrator shall make a written finding to that effect which specifies the facts relied upon in making such a finding and withdraw the order to comply until such time that the work needed can be accomplished.
Figure 7 - Windows broken out at Winemaker's Cottage
September 13, 2022
Figure 8 - Windows broken out and front door open at Winemakers's Cottage
September 13, 2022
Figure 9 - Water damage to interior of Winemaker's Cottage
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Figure 10 - Roof caved in at cottage, extensive interior water damage
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Figure 11 - Roof breached at cottage, extensive interior damage
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Figure 12 - Front porch collapsed at cottage
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Figure 13 - Column damaged at cottage
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Figure 14 - Siding missing at cottage
Vegetation
In addition to building maintenance, there is an issue with vegetation maintenance.
There at least four invasive exotic species that dominate the landscape at Point Molate and are continuing to proliferate, outcompete and supplant native species:
Andean pampas grass, jubatagrass (Cortaderia jubata)
French broom (Genista monspessulana C (=Cytisus monspessulanus; G. racemose))
Fennel (Foeniculum vulgare)
Tasmanium blue gum (Eucalyptus globulus)
All are considered a public nuisance under RMC Chapter 9.50
9.50.090 - Nuisances specified.
It is declared unlawful and a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises in this City to maintain such premises or to permit such premises to be maintained in such a manner that any one or more of the conditions or activities described in the following subsections are found to exist:
(a) The keeping, storage, depositing, or accumulation on the premises of rubbish which poses a risk of harm to the public or constitutes visual blight or reduces the aesthetic appearance of the neighborhood or is offensive to the senses or is detrimental to the use and enjoyment of nearby properties or reduces nearby property values;
(b) Property on which weeds exist outside of a managed landscape or garden area where such plants are purposefully cultivated, propagated, and
September 13, 2022
controlled; or where weeds or other vegetation pose a risk of harm to the public, or constitute visual blight, or reduce the aesthetic appearance of the neighborhood, or are offensive to the sense, or are detrimental to the use and enjoyment of nearby properties, or which reduce nearby property values.
Figure 15 - Andean pampas grass, jubatagrass (Cortaderia jubata)
September 13, 2022
Figure 16 - French broom (Genista monspessulana C (=Cytisus monspessulanus; G. racemose))
Figure 17 - French broom (Genista monspessulana C (=Cytisus monspessulanus; G. racemose))
September 13, 2022
Figure 18 - Fennel (Foeniculum vulgare)
September 13, 2022
Figure 19 - Tasmanium blue gum (Eucalyptus globulus)