Against my better judgment, but at his request, I am copying below correspondence from Robert Cheasty, President of Citizens for East Shore Parks (CESP) regarding the much touted settlement agreement of CESP’s lawsuit with Upstream. (See “Tribe, developer, environmental groups announce major shoreline deal.”

I criticized CESP for announcing this settlement two weeks before an election where Richmond voters will be weighing in on the Point Molate Casino, and I called it a sellout.

I remain critical of it and of CESP for the following reasons:

• CESP has not released the actual settlement agreement, so the public really has no idea what it actually includes. All we know is the spin that CESP has put on it on their website at http://www.eastshorepark.org/.
• Press coverage mentions, in addition to CESP, “local environmental groups,” and the CESP website lists “Sierra Club and Golden Gate Audubon,” neither of which could be strictly construed as local in the sense that they are from Richmond. For that matter, neither is CESP, which lists its address in Albany.
• Much of what CESP touts as settlement victories (Bay Trail, open space, buildings will be placed only in areas previously used by the Navy, avoid sensitive habitat areas, and be set back from the Bay to allow for a continuous shoreline and expanded Bay Trail) are already incorporated into the City’s tentative Land Development Agreement with Upstream. CESP had nothing to do with these.
• There are no specifics of what the $48 million will be used for or where it will be used. It might not even be used in Richmond. Based on earlier draft versions of the agreement, none of the money would become available until the casino opens, which could be as much as ten years in the future, if ever. Meanwhile Upstream has purchased the unequivocal support of CESP, the Sierra Club and Golden Gate Audubon without spending a dime.
• Meanwhile, Richmond residents have to live with what the EIR describes as unmitigated adverse impacts that include a permanent traffic jam at the Richmond-San Rafael Bridge, destruction of over 30 percent of the Winehaven Historic District and the social and criminal impacts of one of the largest casinos in America.
• Whatever the agreement actually consists of, it was crafted in secret without the involvement of Richmond residents who will have to live with this project in perpetuity.

 

Following is Cheasty’s response to my previous criticism:

I may disagree with friends from time to time but when I do I avoid calling them names and disparaging their integrity.

As you know from our conversations, this settlement has a confidentiality clause, something common in settlements in lawsuits such as this. I am not able to breach the confidentiality requirement. Breaching forfeits the terms of the agreement and also makes it harder for us to be able to present that we will keep our agreements in future actions to protect the environment.

We worked very hard to do a volume of good here. It is manifestly unfair to attack us personally. 

I will respect that  you have changed your mind as to the overall benefits of the project or its likelihood of success. 

You should respect others who arrive at a different conclusion.  

I am always happy to work with others and I tried to do outreach to you. If it was not enough, I will try harder in the future. Life gives us many opportunities for improvement. On that vein, I also do not recall getting any calls from you although you were aware of my ongoing negotiations and my goals for shoreline and environmental protection in connection with this project. CESP has tried to keep an open channel of communication with you and our Executive Director, Patricia, works hard to do good things in Richmond for us all.  

I ask you again to publish my response. I realize that the one I gave you is too lengthy and offer this truncated one for your consideration. 

Robert 

Dear Tom,
It is unfortunate to personalize differences over Point Molate - it degrades the level of communication. I ask that we discuss the subject on its merits.
Regarding the protection of Point Molate, the Shoreline Protection Agreement we have worked out creates very strong environmental protections and provides the funding to do so.
The proposed project's buildings will be on the land used by the Navy, that is already degraded, mostly covered by concrete, asphalt and storage tanks and the like. Plus this Agreement preserves about three fourths of the site as permanent open space, while funding trails, habitat protection, recreation, shoreline acquisition and other community benefits. 
While some would prefer some entity buy all the property and place it into parkland, that could not be achieved by our lawsuit. Nor does that comply with BRAC law, which requires economic benefit from a converted military facility. Moreover, part of Point Molate still needs to be cleaned up and requires significant funding for that - something the project provides.
The comment that settling the lawsuit is selling out - unfair and untrue. This notion that environmentalists should be too pure to accept a settlement shows a misunderstanding of what CEQA (California Environmental Quality Act) lawsuits can do.
CEQA suits eventually settle except in rare cases. The legislature never provided CEQA with the power to stop every project objected to by neighbors, environmentalists or competitors. CEQA was designed to help ameliorate detrimental effects on the environment. CEQA suits can delay projects, requiring proponents to jump through more legal and CEQA hoops. But courts limit the delays and the levels of mitigation imposed 
Had we proceeded with this lawsuit, we could not have won as many mitigations as the Tribe gave us in this Agreement. And they offered their own mitigations willingly, as part of their vision for the property. The Guidiville Tribe has demonstrated a genuine interest shoreline protections and open space. We look forward to working with them.
This suit was about the shorelands and environmental protection – not about money. The developer has a standing offer from us to keep their money and give us the lands instead. But shoreline protection is difficult, requires expertise and long-term dedication, so they choose to contribute major funding to pay for acquisition of shorelands - and for environmental protections and the other benefits.  
If the objection is to Indian casinos, that is a personal choice that will be respected.  
But this Agreement gives extraordinary environmental benefits, especially in comparison to the likely alternative developments that have been floated for Point Molate. That is why this Agreement is supported by such major environmental groups as the Sierra Club and Golden Gate Audubon Society. For more information, check out our website: www.eastshorepark.org
Thank you for allowing me to share my thoughts.
Robert Cheasty, President
Citizens for East Shore Parks
 Point Molate Shoreline Protection Agreement
On October 19, 2010 CESP signed the Point Molate Shoreline Protection Agreement to settle the current lawsuit we filed January 2009 challenging the Pt. Molate development.
As an organization focused solely on the protection of the East Bay shoreline, our original goal was to stop the project altogether. But, over the course of the lawsuit and ensuing negotiations, major environmental protections were identified and put into place.
For 18 months, CESP representatives met with leaders in the Guidiville Tribe and Upstream developers to examine whether we had common ground for resolving our differences. We were pleased to discover a shared interest in maximizing open space and restoring native flora and fauna along the Richmond shoreline.
So, after years of litigation and rigorous negotiations, CESP, and with the support of Sierra Club and Golden Gate Audubon, has signed a settlement agreement with enormous potential to accomplish good things at the shoreline. A courtroom victory could not have provided such benefits because of the limitations of CEQA (environmental protection) lawsuits and under the federal Base Realignment and Closure (or BRAC) process there is a requirement of economic benefit from the closed Navy facility.
Robert Cheasty, CESP president said, "CESP's goal is to expand shoreline parks and open space in the East Bay. This Agreement accomplishes that in the Richmond area."
More than three fourths of the 412- acre site will be restored and protected in perpetuity.
Buildings will be placed only in areas previously used by the Navy, avoid sensitive habitat areas, and be set back from the Bay to allow for a continuous shoreline and expanded Bay Trail.
More than $48 million will become available for shoreland acquisition, habitat restoration, park creation, and recreational access, including $5 million for the Bay Trail.     See the Full Story >>
Point Molate Shoreline Protection Agreement
On October 19, 2010 CESP signed the Point Molate Shoreline Protection Agreement to settle the current lawsuit we filed January 2009 challenging the Pt. Molate development.
As an organization focused solely on the protection of the East Bay shoreline, our original goal was to stop the project altogether. But, over the course of the lawsuit and ensuing negotiations, major environmental protections were identified and put into place.
For 18 months, CESP representatives met with leaders in the Guidiville Tribe and Upstream developers to examine whether we had common ground for resolving our differences. We were pleased to discover a shared interest in maximizing open space and restoring native flora and fauna along the Richmond shoreline.
So, after years of litigation and rigorous negotiations, CESP, and with the support of Sierra Club and Golden Gate Audubon, has signed a settlement agreement with enormous potential to accomplish good things at the shoreline. A courtroom victory could not have provided such benefits because of the limitations of CEQA (environmental protection) lawsuits and under the federal Base Realignment and Closure (or BRAC) process there is a requirement of economic benefit from the closed Navy facility.
Robert Cheasty, CESP president said, "CESP's goal is to expand shoreline parks and open space in the East Bay. This Agreement accomplishes that in the Richmond area."
More than three fourths of the 412- acre site will be restored and protected in perpetuity.
Buildings will be placed only in areas previously used by the Navy, avoid sensitive habitat areas, and be set back from the Bay to allow for a continuous shoreline and expanded Bay Trail.
More than $48 million will become available for shoreland acquisition, habitat restoration, park creation, and recreational access, including $5 million for the Bay Trail.
Guidiville Tribe Vice Chairman Donald Duncan said this about the Agreement. "Environmental stewardship has been part of our native culture for thousands of years. Joining environmental stewardship with the quest to economically improve the lives of tribal people and the people of Richmond is not easy, but this Agreement does just that. When we actually sat down with these environmental leaders, we found a shared commitment to both the environment and community."
The Guidiville Tribe will contribute $7 million annually for five years to a newly formed East Bay Natural Heritage Foundation. CESP will have two seats on the five-member Foundation board.
Another $3 million will be contributed to fund preparatory work for open space land acquisition and conservation easements.
Funding of $5 million will be made available for the Bay Trail and other hillside trails. 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.
The Guidiville Tribe could provide up to another $20 million for open space acquisition if the full amount of earlier payments can be credited against the money due under the Guidiville Tribe's Gaming Compact with the state of California.
 The Agreement also provides protections of open space and parklands north of Pt. Molate at Terminal 4 and the Pt. San Pablo Yacht Harbor.
The Guidiville Tribe will work with local ecological experts to develop a program for the removal of invasive species and for the restoration of native plants and habitats, including 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.
A second non-profit organization will be formed to focus on Pt. Molate waste reduction, recycling, and energy conservation.
It is critical to note that the Guidiville Tribe has waived its sovereign immunity for purposes of enforcing our Agreement. While we have great expectations about the environmental benefits of the Point Molate Shoreline Protection Agreement, CESP retains the right to sue to enforce the terms of the settlement.
The project still needs approval from the Richmond City Council and the Federal Bureau of Indian Affairs and the Guidiville Tribe will need to enter into a gaming compact with the state of California.