by Cheri Rae
In a city as green as Santa Barbara claims to be, residents probably think that independent oversight of potentially hazardous environmental matters is a given, with impeccable procedures and reporting methods; safety and public health concerns front and center—and Conditions of Approval followed to the letter.
Not so with what’s going on at the site of the former St. Francis Hospital—now demolished to make way for Cottage’s 115-unit condo project.
Despite the unceasing high-decibel rumbling, crushing and pounding that’s reduced the building to rubble, there’s deafening silence surrounding environmental oversight of the work going on up there.
Nobody much wants to talk about the fact that the applicant for the project, Ken Marshall, negotiated the contract for his company, Dudek, to serve as the Project Environmental Coordinator (PEC) for the very same project he represented at virtually every governmental hearing held throughout the long approval process.
The City of Santa Barbara approved the contract between Cottage’s Vice-President Ron Biscaro and Marshall, the project applicant as “Principal in Charge” of environmental oversight, and even now defends the selection.
“The fact that the PEC works for Dudek, and Dudek served as the applicant/agent for this project, is not unusual,” stated Allison De Busk, City planner on the project. “We understand that there may be the perception of a conflict of interest; however, Dudek personnel have served as PECs on several projects throughout the City, and they are well-qualified in that role.”
Indeed, Marshall boasted about his company’s qualifications in its proposal, dated October 13, 2008, citing 25 years of experience as well as its “professional, responsive, and cost-effective mitigation monitoring and reporting services.”
The Conditions of Approval for the project contain very specific procedures about how to deal with Soil Contamination Hazards—in particular, dealing with soils contaminated with diesel under the regulatory requirements of the County Fire Department.
But on August 6, 2010, when demolition workers at the St. Francis site discovered the circa 1920s, 2,000-gallon leaking underground storage tank at the site, and contaminated soil associated with it, those regulations were not followed.
The Conditions of Approval also state: “The PEC shall have authority over all other monitors/specialists, the contractor and all other construction personnel.” But the PEC, Cuykendall (who works for Marshall at Dudek), claims he knew nothing about the tank from the time it was reportedly found on the property on August 6 until August 24 when he was told about it by the Construction Manager, Dave Burke, who Cuykendall was supposed to be supervising. According to Cuykendall’s reports to the city, he knew nothing about the unearthing of the large leaking tank or the contaminated soil associated with it until well after Burke’s company had already summoned a private environmental firm—Criterion Environmental from Ventura—to do its own private soil testing and reporting on the contamination levels.
Nobody’s talking now. Marshall did not return phone calls; Cuykendall, Burke, and even the soil sampler from Ventura, Ben Blaker, referred all questions to Cottage’s Director of Public Relations; Janet O’Neill. O’Neill referred questions to City planner DeBusk.
De Busk defended Dudek employee Cuykendall, observing, “We do not believe that the PEC intentionally withheld any information from the City, and we do not consider this a failure on the part of the Project Environmental Coordinator.”
Despite acknowledging that the PEC did not properly report or monitor environmental conditions on the site, the City has no intention of investigating what went wrong or changing monitoring personnel or policies, DeBusk added.
Since the party who’s been pushing this project for years is also the party responsible for promptly reporting contaminants and ensuring public safety—and didn’t—who exactly is working to protect the citizens of Santa Barbara?
The unsuspecting public and future residents of those new condos built on the site—are left to wonder whose interests are being served by all that noise up there, and all that silence down below.
When the Inspector has a vested interest in having the project proceed without interruption based upon a financial relationship, the conflict almost guarantees that the Inspector will not do, as was not done in this case, a complete and proper job of inspection and timely reporting.
If this were happening in another city, such as the City of Bell, it could be business as usual. Is this how we protect ourselves from significant adverse environmental impacts? If yes, why?
I LOVE TO SEE THE NIMBY MONARCHY SHED THEIR CLIMATE CHANGING SKIN WHEN THEIR MONEY IS IN JEOPARDY. THANKS VIEW FOR SHINING A LIGHT ON THE RULE BREAKING COCKROACHES. I ONLY WISH WE START A RECALL ON THESE BUMS… BEFORE IT’S TOO LATE!!!!
You ask, “Since the party who’s been pushing this project for years is also the party responsible for promptly reporting contaminants and ensuring public safety—and didn’t—who exactly is working to protect the citizens of Santa Barbara?”
Sadly (for you), only what’s left of the media and on this issue that’s you, Santa Barbara View. Thanks!
Although St. Francis area is not my neighborhood, the principle of finger to residents applies to all. It’s an extreme joke that Councilmember Williams is running to be our representative in the California Assembly. He’s had 6 years to stand up for the neighborhoods and has not, no more than he has shown any ability, albeit recently some soundbites, to work cooperatively with others with whom he disagrees. It’s always been and is all about himself. This situation from start to now highlights how Cottage is the elephant in the room, our living room, that no one, including the only ones who can, the City Council, has been willing to work with, to show the way out of the house so as not to trash the room.