Lisa Grady of Bridge Housing to RWQCB: "We want protection from liability after we buy Marinwood Plaza"

History of Marinwood Plaza in 2014

Renee Silveira was shocked to learn that Bridge Housing wants a guarantee after purchasing Marinwood Plaza that they will not be liable for the toxic waste.* It seems no one wants to be the responsible party to clean up all of the residual toxins that could find its way to the Silveira Ranch water source, poisoning the dairy herd, the residents and potentially thousands of people that drink milk.  

Supervisor Susan Adams called multiple times and Assemblymen Mark Levine called on behalf of the developers and landowners to vacate the toxic waste clean up order and extend the final clean up date  so they may have additional time to get financing and permits.  

Why didn't they consider the risks to PUBLIC HEALTH first?  

Lisa Grady, Marinwood Village, Former Senior Project Manager

See full Board Packet with the Geologica Report responses from Marinwood Plaza, LLC, Bridge Housing and Silveira Ranches HERE

Email sent to the RWQCB on January 8, 2014.

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From: Lisa Grady
To: Aue, Kent@Waterboards
Cc: Tom Graf (tom@grafcon.us)
Subject: Water Board Order Regarding the Marinwood Plaza site
Date: Wednesday, January 08, 2014 4:47:12 PM

Kent:

As you know, BRIDGE intends to develop the site post-remediation and we have assumed
that vapor mitigation in the form of sub-slab ventilation or ventilated flooring will be
necessary for some period of time in the areas currently showing vapors exceeding
allowable concentrations. We want to make sure this is taken into account with regard to
the order.

Additionally, without understanding the constraints and regulations governing the
Waterboard, it would be ideal if staff were able to modify the order with regard to timing.
While we hope this won’t be the case, the entitlements and environmental approvals may be litigated. We were anticipating that the completion of the soil removal would occur once BRIDGE has secured the necessary financing to begin construction. We anticipate that the entitlement and environmental approvals will be secured in 12 to 18 months from today. Once that occurs, and assuming there is no litigation, we would proceed with the completion of the construction documents, financing and building permitting. Typically, that takes about a year’s time. So, the earliest construction start date isn’t likely to be until June of 2016.

The other item I would like to discuss at some point is the Prospective Purchaser document
we need to protect us from liability once we take title. You indicated that the Water Board
no longer issues these but I’d like to understand how we get to an equivalent level of
protection absent that document.

Please give me a call if you have questions. Thanks and Happy New Year.

Lisa

Lisa Grady | Senior Project Manager
BRIDGE Housing Corporation | 345 Spear Street, Suite 700, San Francisco, Ca., 94105
Direct: 415.321.3534
p. 415.989.1111 ext 7514
f. 415.495.4898

lgrady@bridgehousing.com

Pregnant women and children are particularly vulnerable to toxins in the environment.

*Of course, if anyone were to receive such a guarantee, then the public will never be certain that a full cleanup has taken place.  It simply gives the buyer a permanent "get out of jail card" free.

Postscript:  Lisa Grady left employment with Bridge Housing shortly after this letter was discovered and made public.

Damon Connolly on the Silveira Ranch settlement

Marin Voice: Silveira Ranch settlement advances conservation

By Damon Connolly and Don Dickenson





Marin County recently settled with the Silveira family concerning their 340-acre ranch alongside Highway 101 in San Rafael. This iconic parcel physically separates Novato and San Rafael with a scenic mix of grasslands, valley oaks and tideland habitats associated with the Miller Creek estuary.

The settlement prohibits development of the ranch for at least the next 10 years — and it could pave the way for permanent preservation.

We thank the Silveira family for their willingness to achieve a result that will benefit the entire community.

The settlement ends the risk of litigation against the county related to the 2007 Countywide Plan.

A history lesson on the land is necessary here for context.

In 1967, the Silveira family entered into a Williamson Act contract with the county, meaning the land was limited to agricultural use and would be taxed at a lower rate. The 1973 Marin Countywide Plan effectively designated the Silveira lands to be considered for urban development upon their annexation to the city of San Rafael. Due to this new designation, the property wasn’t renewed for its Williamson Act contract, and it resulted in a significant tax increase for the Silveira family.

Contemplating eventual annexation, the city amended its General Plan to designate the Silveira and St. Vincent’s properties as “mixed use,” allowing for 2,100 homes, 100,000 square feet of commercial space and 261,000 square feet of office space. This designation drastically upped the value of the lands, and further increased its tax burden.

In 2003, the San Rafael City Council changed its outlook regarding development of the St. Vincent’s and Silveira properties and decided not to annex the Silveira ranch, effectively abandoning its plans for urban development on the properties. Subsequently, planning responsibility for them returned to the county and the 2007 Countywide Plan reduced the development potential of both properties to a maximum of 221 homes. This decreased the value of the lands — and was the basis of a possible legal challenge by the Silveira family.

The county weighed the cost of prolonged litigation, the community’s interest in protecting the land from development and the myriad issues stemming from the realities of affixing a price tag on potentially permanent protection from development.

In exchange for a full release and Williamson Act protection, the county will pay approximately $2.6 million in unpaid property taxes and related penalties and interest in the settlement.

The settlement removes the final legal threat to the inclusion of these properties in the Baylands Corridor and the strong environmental and resource protection policies contained in the Countywide Plan.

The settlement puts the land back into the Williamson Act for a minimum of 10 years. The 10-year term of the Williamson Act contract automatically renews each year unless either the property owner or the county gives notice of non-renewal.

This is all great news, but our work is not done. The authors’ objective is to work with the Silveira family and the community to permanently protect the treasured Silveira ranch, either through acquisition or a conservation easement. This would preserve the open countryside and safeguard the agricultural and cultural legacies that exist in the area for future generations.
See Full Article



Editor's Note: While conservation is a laudable goal, restoration of the Silveira property rights is vital. Glad to see that a reasonable solution has been found but the next stage is how future developments or conservation happens. As a Marinwood resident, I'd rather see modest developments on the Silveira property than the wholesale redevelopment of the "Marinwood Priority Area" (all neighborhoods East of Las Gallinas) proposed by Susan Adams and Judy Arnold. Their vision of growth will mean the destruction of single family homes to be replaced withhigh density housing. With new housing laws likely to be enacted in Sacramento, there will be little we will able to do against developers who want to exploit our neighborhood.

Marin and Silveiras reach 10-year deal on San Rafael ranch

The Silveira Ranch along Highway 101 in San Rafael will remain agricultural for another 10 years under a deal with the county announced Tuesday. At rear is the St. Vincent’s School for Boys. IJ file photo

By Richard Halstead, Marin Independent Journal

POSTED: 06/20/17, 7:04 PM PDT | UPDATED: 39 SECS AGO

8 COMMENTS

One of the largest parcels of undeveloped land left in Marin will be off limits to commercial development for at least the next 10 years following an agreement between Marin County and the Silveira family.

Marin County Counsel Brian Washington announced Tuesday that the day before the county and the Silveiras reached a settlement agreement “whereby the Silveiras will release any claims against the county arising from the 2007 Countywide Plan and will enter into a Williamson Act contract on their San Rafael ranch parcel to preserve their land for agricultural uses for at least 10 years.

“In return for this,” Washington said, “the county will pay approximately $2.6 million in unpaid property taxes and related penalties and interest for their San Rafael ranch property.”

“We appreciate the Silveiras coming to the table to find a win-win solution,” said Supervisor Damon Connolly, who worked on a committee with former supervisor Steve Kinsey to hammer out the agreement.

“It was something I felt was important to get some kind of resolution to,” Connolly said. “The community benefits from at least another 10 years of agricultural use on the property and entering into a Williamson Act contract on the property will allow the Silveiras to pay lower taxes going forward.”

The Williamson Act is a state law that provides relief of property tax to owners of farmland and open space in exchange for a 10-year agreement that the land will not be developed.

“In the meantime, I don’t view my work as being done,” Connolly said. “I would ultimately like to see a permanent conservation or preservation of this land working with the Silveiras and community stakeholders.”

Richard Bowles, the ranchers’ Walnut Creek-based attorney, said, “The Silveiras feel it’s appropriate that they are now back to a situation where they’re being taxed as agricultural property as they were way back in 1974 and should have been all the way along.”

Veteran Marin County Planning Commissioner Don Dickenson said, “I think it is a very positive move. It’s not an acquisition so it’s not a permanent preservation, but it does maintain the status quo for a period of time.”

Barbara Salzman, president of the Marin Audubon Society, said, “I think it is great agreement. It will hopefully lead to some protection for the important resource lands on their property and enables it to stay undeveloped for some time.” See Full Story HERE

Editors Note: Why does everyone think they own the Silveira Ranches and have a right to force development or take away rights from them? It is nearly 100 year old family business which has provided us healthy locally grown food and dairy. They deserve the right to guide their own future, just like you do with your property. The so called "settlement" was the county relinquishing its questionable claim for back taxes that it imposed in violation of the Williamson Act. Of course, the county had unlimited legal resources and the Silveiras had to defend themselves for over 40 years. They are good neighbors and deserve our support.

Marinwood Plaza Toxic Waste meeting Feb 8, 2017 Full meeting

00:00:00 Introduction
00:01:40 Ralph Lambert RWQCB presentation
00:26:17 Tom Fitzsimmons, Wells Fargo & Dan Matthews, Geologica representing Marinwood Plaza, LLC
00:44:17 Public Comments (Renee Silveira is first speaker)
01:09:14 Board Questions and Comments from Staff
01:12:50 Geologica/RWQCB answers questions from the Board

Marin Voice: County puts development pressure on Silveira Ranch

By Niccolo Caldararo

Posted: 01/12/17, 11:56 AM PST | Updated: 2 hrs ago

0 Comments

The decision of the Marin Board of Supervisors to force the Silveira family to settle or sue over the rezoning of their San Rafael property is not a responsible action.

Right now, the property is being used productively and its impact on traffic and the environment is a known factor integrated in the current problems we face daily.

By forcing the family to take action, we will find a development which will increase traffic and pollution. The county might also spend a bundle of money on a fool’s errand of trying to manage in court what it has failed to achieve in negotiations. This all could have been avoided if the county had not initiated cancellation of the Silveira property’s tax reduction under the Williamson Act in 1986.

According to the Marin Conservation League, the state’s Williamson Act was passed in 1965 and the Silveira Ranch entered into a contract to reduce the property tax assessment on its ranchland. But after the county designated the property as one of its development “corridors,” the county initiated termination of the contract and the ranch is now taxed at market value based on its development potential.

It is obvious that the history of proposals from the Silveira family, the city of San Rafael, the county and various environmental and other groups have failed to reach consensus on either development, purchase to save the ranchland as open space or any other plan.


The status quo between the county and the family has been breached again by the Board of Supervisors, with no real plan in place.

See the full article HERE 

Steve Kinsey and friends threaten our neighbors, the Silveira family,

Marin to Silveira ranch: Settle or sue

Cattle roam at the Silveira ranch east of Highway 101 in San Rafael. The family ranch and the St. Vincent’s School for Boys property at rear are the focus of an extended dispute over development rights. (Marin IJ photo/2004) 

By Richard Halstead, Marin Independent Journal

POSTED: 12/18/16, 5:43 PM PST | UPDATED: 3 HRS AGO

9 COMMENTS

The fate of one of the largest parcels of undeveloped land left in Marin County, which has been hotly contested for more than a decade, could be determined in coming months.

Marin County supervisors have decided not to renew a “tolling” agreement with the Silveira family that prevents the statute of limitations from expiring on its right to sue over the Marin Countywide Plan.

Adopted in 2007, this long-range general plan for the county establishes the development rights for Silveira’s 340-acre ranch, which is located east of Highway 101 in the unincorporated area of the county between San Rafael and Novato. The plan substantially reduced allowable development on the Silveira property and the adjacent 770-acre St. Vincent’s School for Boys property.

The county entered into the tolling agreement with the Silveira family soon after the Countywide Plan was adopted in 2007 to allow the family additional time to deliberate and had renewed the agreement on a yearly basis since, said Deputy County Counsel Renee Giacomini Brewer.

“Nine years is long enough to not to get some kind of resolution,” said Supervisor Steve Kinsey. “As a board, we believe that the countywide plan that was adopted is legally defensible.”

Kinsey said when the county renewed the agreement a year ago, it notified the Silveiras that it would not be doing so again.

“We created a board subcommittee consisting of Supervisor (Damon) Connolly and myself to explore with the family whether there was any way to amicably resolve the differences,” Kinsey said. “I don’t think we’re there.”

DEADLINE LOOMING

Under the law, the Silveira family has until Feb. 1 to file suit; otherwise it relinquishes its right to challenge the plan, Brewer said.

See article HERE

Cow Fart Regulation Passed Into California Law

September 19, 2016 11:53 AM

Filed Under: California, Cow Fart, Law

cows eating grass in a cowshed

Cows eating grass in a cowshed. (Getty Images)

2

SACRAMENTO (AP) — Gov. Jerry Brown has signed legislation that regulates emissions from dairy cows and landfills for the first time as California broadens its efforts to fight climate change beyond carbon-based greenhouse gases.

Brown’s move Monday targets a category of gases known as short-lived climate pollutants, which have an outsize effect on global warming despite their relatively short life in the atmosphere.

Environmentalists hope that tackling short-lived pollutants such as methane now would buy time to develop new and more affordable technology to reduce carbon emissions.

The legislation lays out steep reductions in a variety of pollutants, including methane. It’s tied to $90 million in funding for the dairy industry and garbage collectors.

Republicans say the regulations will hurt agricultural businesses, despite concessions made to dairy farmers.

Editor's Note: California has gone crazy.!  Just another hassle that small farmers will have to bear to stay in business.  I guess we are going to kill agriculture in California too.  Wake up voters. Madmen are running Sacramento!

The Marinwood Plaza Toxic Waste meeting in 4 parts. 2/10/2016

This is the same as the full meeting but broken up by speakers for easy viewing.  The Marinwood Oversight Committee presentations will be added later.

Marinwood Plaza Dry Cleaner Toxic Waste Contamination explained. ( 4 minutes)

Here is a brief video explaining the dry cleaning contamination as is found at Marinwood Plaza.
Prosperity cleaners occupied Marinwood Plaza for approximately fifteen years and high levels of PCE contamination was found in December 2012 at 2000 times above the legal limit.  PCE is associated with major health risks and was banned in California in 2007. This report was produced by Stanford University students in 2008 of another drycleaner with issues similar to Prosperity Cleaners.

The PCE toxic waste was extends from Marinwood Plaza, under the 101 freeway and is threatening the water supply of the Silveira Dairy Ranch.

A clean up order has been issued to current Marinwood Plaza owners, Marinwood Plaza LLC (aka Hoytt Enterprises) to remove the PCE by August 1, 2016.   On January 12, 2014, Hoytt Enterprises appealed the order to allow more time for clean up to a distant date in the future so that Bridge Housing could get permitting and financing together to build Marinwood Village, a 81 unit apartment complex.

Despite the threat to the Silveira Ranch, the dairy herd and the health of potentially thousands of people, Supervisor Susan Adams and Assemblyman Marc Levine, lobbied the  RWQCB to remove the order and delay the clean up for the benefit of Bridge Housing, Wells Fargo Bank and Marinwood Plaza,LLC.

Dry Cleaning Toxic Waste Health risks

Supervisor Susan Adams (PHD, Nursing) asked for a delay for the PCE Toxic Waste cleanup from RWQCB on behalf of
Bridge Housing, Wells Fargo and Hoytt Enterprises.
Thankfully the Board demanded immediate action to protect the Silveira Ranch water supply that feeds the dairy cattle, ranch employees and thousands of consumers of milk.

After hearing the appeal from Wells Fargo Bank,  Geologica and Marinwood Plaza and objections by Silveira Ranch and Marinwood residents, the RWQCB voted unanimously to keep the order in place for the health of the community and our water supply.  Half of the directors even supported an accelerated cleanup by July 1, 2015 due to the severity of the risk.

See the full Marinwood Plaza Hearing: HERE

Toxic Waste concentration is 2000 times legal limit at Marinwood Village (01:37)

This brief clip is from the full hearing on the Toxic Waste cleanup for former Prosperity Cleaners site at Marinwood Plaza. It is alleged that Prosperity Cleaners dumped Toxic Waste (PCE)  behind their store in Marinwood Plaza, creating a massive environmental problem.  The PCE has migrated through the soil under the 101 Freeway and is heading straight for the water well located on the Silveira Ranch. The well provides drinking water for the for the residents and the dairy herd.  Potentially thousands of people including pregnant women and children could be affected by the toxic contamination of their milk if the site is not cleaned up immediately.

Supervisor Susan Adams and Assemblymen Mark Levine lobbied the RWQCB to remove the current clean up order and extend the date for compliance so that it will fit their financing and construction schedule.  Supervisor Susan Adams has a PHD in Nursing and we are shocked that she would protect the development interests over the public health.  She ran on "Cows not Condos" to protect Marinwood from over development in her initial campaign for Supervisor. She is running for re-election in 2014.

Read more on PCE environmental cleanup HERE

Time is running out. 

Toxic Waste Cleanup of Marinwood Plaza- Renee Silveira speaks

Renee Silveira describes the shock of discovery that a toxic waste spill had spread perilously close to the Silveira Dairy Ranch well water. She did not receive notification until years after the initial discovery of the problem by Hoytt Enterprises.

Do you live within the Marinwood Village Toxic Waste Zone of Influence?

The toxic waste from Prosperity Cleaners at Marinwood Plaza continues to spread unabated.  Recent testing on Silveira Ranch indicates a much further penetration into our groundwater supply than previously estimated.  

A cancer hot spot of multiple cases is present in Casa Marinwood.  Although it is highly speculative at this point whether there is a causal relationship,  we now know that the toxic waste has definitely spread and threatens the health of our community.  

Supervisor Susan Adams and Marc Levine have personally intervened to stop the mandatory cleanup order for Marinwood Plaza to allow Bridge Housing to secure financing.  We understand they are now out of the bidding and a new buyer has also dropped out.   

It appears that no one is prepared to take on the responsibility for clean up.  Marinwood Plaza, LLC is the legally responsible party but has successfully delayed full clean up since 2007 when first made public.  We understand that Ms Adams has long had the objective of building housing on the site and capitalizing on the funds available from the EPA for clean up of brownfield sites for affordable housing.   This well meaning effort to delay clean up has imperiled hundreds of Marinwood residents as well as the Silveira Ranch dairy operation.   

Sudden staff changes at the Regional Water Quality Control Board appears to be political manuevers to get approvals on this troubled site.  We sincerely hope that the RWQCB does responsible science and order the immediate clean up for the safety of all.

Will the court action be necessary?   

If you are in the "zone of influence" we recommend that you step forward to add your voice of concerned residents at tommorrows  RWQCB meeting in Oakland. For more information contact savemarinwood@gmail.com

Marinwood Plaza, Toxic Waste and Cancer

Marinwood Plaza, Toxic Waste and Cancer


Marinwood Plaza at 100 Marinwood Ave, San Rafael, CA  has been the site of a toxic waste hotspot for at least a decade (maybe much further back). It is alleged that it was a dumping spot of PCE from the Prosperity Cleaners.  Instead of promptly ordering a cleanup, authorities allowed the toxic plume to spread. During this time, Marin County Supervisor, Susan Adams with ambitions for US Congress worked furiously to get a housing development on this site.  Several candidates were identified but for various reasons withdrew.  Could it have been because of the toxic waste liability?

The owner of the property let the property fall into disrepair.  Tenants moved away and it attracted vandalism, illegal dumping and graffiti.  Some speculate that during this time additional "bandit" dumping of toxic waste may have occurred.   A cancer "hotspot" emerged at Casa Marinwood, across the street. Part of Casa Marinwood is located down gradient towards Miller Creek watershed as is clear in the first video.   In addition to PCE,  unhealthy amounts of Benzene, a class one carcinogen was found at the Savemore convenience store. 

Despite claims by former Supervisor Susan Adams in her 2013 Marin Voice column that the Toxic Plume had be remediated  ,  the toxic plumb remained in the ground despite modest efforts to show that clean up was occuring.

On February 12, 2014, the RWQCB issued an immediate order for toxic waste cleanup but Marinwood Plaza LLC objected.  Their attorney, reminded the commissioners that "powerful people" were watching, referring to Congressperson Marc Levine and Supervisor Adams who had called regulators on the eve of the hearing.  

The original staff member who presented on February 12, 2014 suddenly was retired after this hearing and a new team was assigned to the case.  It appears that Marinwood Plaza LLC is still delaying the cleanup for financial reasons.  The community and Ms. Silveira, representative of the Silveira dairy ranch are still waiting for an earnest clean up to begin.

Only the experts from the Regional Water Quality Control Board stand between the Cleanup and the Toxic Waste from causing further harm to the community. We pray they do their job well.

New Testimony to RWQCB about the Toxic Waste spill at Marinwood Plaza that threatens our health

Marinwood Plaza, LLC, the current owners of Marinwood Plaza  aka Hoytt Enterprises is under order to clean up the toxic waste contamination of PCE from Prosperity Cleaners.   There is a profound threat to the health of our community.  A cancer hotspot is reported yards away in Casa Marinwood.  

Very little clean up appears to have happened since the order was issued in February 2014.   Former Supervisor Susan Adams and Assemblymen Marc Levine have PERSONALLY INTERVENED in the process in an attempt to INTIMIDATE the non partisan scientific board.   It seems that it has worked.

The commissioners who were adamant that the clean up begin immediately in February 2014 suddenly have backed off of their demands.  The case officer at the RWQCB (Regional Water Quality Control Board) suddenly was "retired" and will not speak of the case.   Marinwood Plaza has fallen out of escrow and is now being offered for sale (Bridge housing has a offer in.  We presume they are counting on the taxpayer to foot the bill on their behalf)

Susan Adams,  a nursing PHD seems to be more concerning with advancing her objective of helping Bridge Housing than the health of her neighbors.   She was delivered a crushing election defeat in June 2014 but still remains on the ABAG regional planning board as a member of the "public" representing "public health".

The sleaze is surreal.  Even if one is for affordable housing at Marinwood Plaza, does it make sense to imperil the health of the community so that Marinwood Plaza can save money over clean up?

The property should be seized immediately and cleaned up and turned over to Marinwood CSD.

Trust Me.  I support affordable housing and green jobs

Full Hearing on the Toxic Waste Cleanup for Marinwood Village

This is a full hearing on the Toxic Waste cleanup for Marinwood Village. Speakers include a team for Marinwood Plaza, LLC aka Hoytt Enterprises consisting of Attorney, Geologica consultants, and Wells Fargo Bank, Asset Manager; An Attorney for Silveira Ranches and Renee Silveira and Marinwood residents. Also present was the Bridge Housing project manager, Lisa Grady who did not speak but submitted comments.

The toxic plume has been known to exist since 2007 but only the minimal remediation efforts have taken place.. Marinwood Village, LLC asked the board to remove the clean up order and date of compliance so that they have more time to gather financing and permitting.  The Silveiras and the community objected citing health concerns. The Silveiras, their dairy cows, employees and the community fortunately prevailed over multiple phone calls from Supervisor Susan Adams and Assemblymen Mark Levine to stop the cleanup order to allow a "more flexible solution".

The board agreed unanimously with the Silveiras and Marinwood community members. Several RWQCB board members also commented that they are willing to consider an accelerated cleanup schedule to July 2015 due to the severity of the health implications.

According to the sworn testimony of the attorney for Marinwood Village, LLC,  Marin County Supervisor, Susan Adam  made several calls to the RWQCB to supporting the relaxed clean up schedule for Marinwood Village, LLC.  Assemblymen Marc Levine called a day prior to the hearing also to express support for the landowners and developers.

This is is a profound MORAL ISSUE.  Our elected representatives, choose to support builders, bankers and landowners over the public health. One would expect Dr. Susan L. Adams, with a PHD in Nursing to favor the public health.  She was defeated by a landslide in June  2014.

Susan Adams ran on the slogan "Cows not Condos" .  Now those same cows are threaten by a toxic plume that could poison them.  She lobbied for the Builders, Banks and Developers against the interests of the Silveiras, the Community and the Cows.   Susan Adams was defeated by a landslide in June 2014.