Christina Olague

The case against 8 Washington

35

tredmond@sfbg.com

In city planning terms, it’s a fairly modest project: 134 condos, no buildings more than 12 stories tall, on a 27,000-square-foot site. It’s projected to meet the highest environmental building standards and offers new open space and pedestrian walkways. It’s near Muni, BART, and ferry lines. And the city will collect millions of dollars in new taxes from it.

But the 8 Washington project, which will come before the Planning Commission March 8, has become a flashpoint in city politics, one of the defining battles of Mayor Ed Lee’s administration — and a symbol of how the city’s housing policy has failed to keep pace with the needs of the local workforce.

Put simply, it will create the most expensive condos in city history, housing for the richest of the 1 percent on the edge of the waterfront — and will further push San Francisco toward becoming a city that caters almost entirely to the very wealthy.

So in a city where the growing divide between the 1 percent and the rest of us has become a central issue and where the lack of affordable housing is one of the top civic concerns, 8 Washington is an important test. By any rational standard, this sort of development is the last thing San Francisco needs.

But some of the best-connected lobbyists in the city are pushing it. One of the mayor’s closest allies, Chinatown powerbroker Rose Pak, is a leading advocate — and the final outcome will say a lot about city politics in the Lee administration.

There are all sorts of half-truths and misleading statements by supporters of 8 Washington. Here are the five main reasons the project shouldn’t be approved.

1. It fills no housing need. San Francisco has no shortage of housing for the very rich; the dramatic need, outlined in both regional planning documents and the city’s own General Plan, is for low- and moderate-income housing for the people who actually work in this city (see “Dollars or sense?” 9/28/10). While San Francisco is getting richer by the day, the core workforce — public employees, workers in the hotel and restaurant industry, service workers, construction and trade workers, and a majority of the people in the lower levels of the finance and tech sector — are being priced out of the city. That means more people working here and living far out of town, often commuting by car, in what everyone agrees is an unsustainable situation. Meanwhile, more and more high-paid workers from Silicon Valley are living in San Francisco — again, commuting to distant jobs, either by car or by corporate bus.

The city’s General Plan states that some 60 percent of all new housing built in the city should be below market rate. San Francisco desperately needs housing for its workforce. This type of project simply puts the city deeper in the hole and further from its housing goals.

2. It’s a reward for bad actors. The main developer of this project is Simon Snellgrove, but one of his partners is, by necessity, Golden Gateway, which owns a significant part of the land — and which has been flouting at least the spirit if not the letter of city and state law and costing San Francisco tens of millions of dollars.

As project opponent Brad Paul has noted in written testimony, when Timothy Foo, the current owner, bought the complex from Perini Corp. about 20 years ago, he used a loophole in state law that allowed him to avoid a formal transfer of ownership. That means the property wasn’t re-assessed, costing the city about $1.5 million a year. According to the Assessor’s Office, the deal wasn’t illegal (and these tricks to avoid reassessment are relatively common) but still: He’s costing the city millions by using a loophole not available to most people.

Golden Gateway, which was built in a redevelopment area as middle-class housing, is now renting out apartments as short-term tourist or corporate rentals. There are dozens of examples right now on Craigslist. City law bars the owners of rental housing from converting it to hotel rooms, but a loophole in that law makes what Foo’s outfit is doing technically legal. But he’s clearly violating the spirit of the city ordinance that seeks to protect rental housing from hotel conversions.

One of the main aesthetic complaints about the area — something Snellgrove’s lobbyists have tried to use to support the project — is the ugly fence that now surrounds the Golden Gateway Tennis and Swim Club. But who do you suppose put that fence there?

Do we as a city want to be giving special zoning benefits to companies that try to circumvent tax and housing laws?

3. It’s an environmental disaster. Snellgrove and his architects, Skidmore Owning and Merrill, are seeking LEED platinum certification for the project, saying that its energy-efficiency, water use, and green building materials will make it one of the most sustainable structures in San Francisco. It is, the project website notes, close to all types of public transit.

But LEED doesn’t take into account what the building is used for (see “Is LEED really green,” 7/5/11) — and in this case, the use makes a huge amount of difference.

People who buy multi-million-dollar condos don’t tend to take Muni or BART when they go places. That’s not conjecture, it’s a proven fact. A 2008 study by the American Public Transportation Association notes, bluntly, that wealthier people are more likely to drive cars. When you move into the stratospheric regions of the ultra-rich, that’s even more true. A 2011 report on the Charting Transport website notes: “The very rich tend to shun public transport.”

The current zoning in the area allows for one parking space for every four residential units. Snellgrove is asking for one space per unit — in other words, he figures every single buyer will have a car.

Many of the people who buy these condos won’t be working or even living most of the time in San Francisco. These are condos for world travelers, second and third homes for people who want to spend a few weeks a year in San Francisco. “They aren’t going to be living here all year,” Christina Olague, a former Planning Commission member who is now the District 5 supervisor, told us last July.

If five of the 165 residents of 8 Washington fly in a private or corporate jet from, say, New York to their SF pad once a month, the project will cause the use of jet fuel equivalent to what a normal family would use driving a car for 330 years, Paul noted.

“How many solar panels are needed compensate for burning 396,000 gallons of jet fuel a year?” he asked.

Then there’s the construction issue. If the developer’s projections are correct, as many as 20,000 dump truck runs will be trundling along the Embarcadero for several months, one every two minutes — and it could be happening right as the traffic nightmare called the America’s Cup is hitting the waterfront.

It also goes against some 40 years of waterfront planning policy, all of which as focused on downzoning and creating open space. This would be the first upzoning of San Francisco waterfront property in decades.

4. It will wipe out what is mostly a middle-class recreation facility. The Golden Gateway Tennis and Swim Club will be closed for three years, then (possibly) reopened later as a smaller facility. The club — with two outdoor pools and six tennis courts — sounds like something for the elite, and it’s managed by the upscale Bay Club, but a lot of the users are longtime Golden Gateway residents and seniors. “I would say 30 or 35 percent of the users are seniors,” Lee Radner, chair of Friends of Golden Gateway, told me. Most, he said, are middle-class people, and the expense isn’t that high. “My wife and I pay $3 a day to use the pool,” he said. “I swim every day, and it would cost more than that to use the public pools in the city.” He added: “There are some wealthier people, of course, but many of us are retired and on fixed incomes.”

We’re talking about 90,000 total square feet of outdoor recreation space — which dwarfs the 20,000 square feet of open space the developer promised to provide.

5. The city doesn’t get much out of the deal. In exchange for upzoning the waterfront, creating a big all of buildings and screwing up the city’s housing balance, what does the San Francisco general fund get? Not a lot. The estimates for new tax revenue run about $1.5 million a year of the next 60 years — and when you translate that to what economist call “net present value,” the cash equivalent today of that revenue stream, it’s about $30 million. The Port of San Francisco is talking about creating a special infrastructure financing district — sort of the equivalent of a redevelopment area — to pull that money out in advance, which may not even be legal (since part of the land is a former redevelopment area, the state law that allows these special finance districts may not apply). But even so, a Jan. 14 Port memo suggests that the agency has plans to spend all that money on its own infrastructure — setting up a potential battle between the supervisors and the Port Commission over where the money, if it actually can be collected up front, will go.

Like any developer, Snellgrove will pay into the city’s affordable housing fund — in this case, about $9 million to pay for the equivalent of 27 units. No affordable units will be on site, of course; that would detract from the uber-wealthy ambience of the place. And it’s not clear when those units would be built. “Nobody builds 27-unit buildings any more,” Paul, a former deputy mayor for housing, said. “We’ll have to wait until there’s enough money for a bigger project, somewhere, sometime down the road. That’s what we’re getting here.”

Either way, it’s not a huge benefit for allowing this disaster of a project — and it’s a terrible statement for San Francisco to make. At a time when the mayor has cleared the Occupy protesters — who are talking about how little the rich pay in taxes — off the waterfront, the city is preparing to move in the exceptionally rich, who aren’t paying anywhere near their fair share in tax revenue to local government.

(Nobody knows for sure whether the costs of servicing high-end residential exceed the revenue the city gets from property taxes. In 1971, the Guardian put together the first-ever cost-benefit study for highrise office development, which showed that commercial buildings cost the city more than they paid; that’s been confirmed and demonstrated over the years to the point where it’s hardly even an argument any more. The supervisors ought to ask the city economist or the budget analyst to do the same sort of analysis for luxury condos.)

There’s another element here: Mayor Lee made a point during his campaign to say over and over again that he was an independent thinker, that powerful and influential allies like Rose Pak would not be calling the shots at City Hall. This will be his first major test: Pak and lobbyist Marcia Smolens are working hard to promote 8 Washington. And we’re already getting some disturbing signals out of the mayor’s office.

Lee told us that he has “no thoughts” about the project and hasn’t been paying any attention to it. That’s an odd stance, considering that his own Port Commission is pushing it and staffers in his office are working with the developer. This is a big priority for Pak, and the notion that she has never mentioned it to the mayor defies reason. Board President David Chiu, who talks to the mayor regularly, opposes the project, which is in Chiu’s district.

It’s hard to imagine that anyone who pays attention to local politics could be missing what will be one of the landmark votes this spring on the Planning Commission — which will take up the project March 8 — and the Board of Supervisors.

The mayor, may, indeed, be ignoring everything that supporters and opponents of 8 Washington have said and may be waiting until the Planning Commission vote to take a position. But if he’s just ducking questions because he’s planning to support it, he’s making a big mistake.

This is a chance for San Francisco to go beyond the platitudes about building housing, go beyond the hype about “green” buildings, see through the fraud about community benefits and consider what this really is: A special favor for a developer who wants to cater to the top 1 percent of the 1 percent and move San Francisco even closer to being a city of, by, and for the elite. The only reasonable vote on 8 Washington is No.

Editorial: The case against the 8 Washington tower

27

Editorial note: In 1971, at the height of the Alvin Duskin anti-highrise battle, the Guardian did a special first ever cost benefit study for high rise office development.

We found that highrises cost the city  more in services than they produce in revenue.  This meant that the commercial high rise boom could be fought on economic grounds, not just aesthietic and environmental grrounds, and the Chamber of Commerce/Big development gang could never adequately refute our findings.  In fact, they are now taken for  granted. So, as the 8 Washington battle is poised to open the floodgates even further for a forest of market rate residential  buildings, it’s time for the city to do its own study to determine the economics of high end  residential buildings.  Does the cost of servicing luxury residential buildings exceed the taxes they pay? We and many others in the neighborhoods are certain that market rate housing doesn’t pay for itself. But the facts are needed and so we urge the supervisors to direct the budget analyst or the city economist to do a similar analysis  for luxury condos.  Below is Executive Editor Tim Redmond’s powerful argument against 8 Washington.

By Tim Redmond

tredmond@sfbg.com

In city planning terms, it’s a fairly modest project: 134 condos, no buildings more than 12 stories tall, on a 27,000-square-foot site. It’s projected to meet the highest environmental building standards and offers new open space and pedestrian walkways. It’s near Muni, BART, and ferry lines. And the city will collect millions of dollars in new taxes from it.

But the 8 Washington project, which will come before the Planning Commission March 8, has become a flashpoint in city politics, one of the defining battles of Mayor Ed Lee’s administration — and a symbol of how the city’s housing policy has failed to keep pace with the needs of the local workforce.

Put simply, it will create the most expensive condos in city history, housing for the richest of the 1 percent on the edge of the waterfront — and will further push San Francisco toward becoming a city that caters almost entirely to the very wealthy.

So in a city where the growing divide between the 1 percent and the rest of us has become a central issue and where the lack of affordable housing is one of the top civic concerns, 8 Washington is an important test. By any rational standard, this sort of development is the last thing San Francisco needs.

But some of the best-connected lobbyists in the city are pushing it. One of the mayor’s closest allies, Chinatown powerbroker Rose Pak, is a leading advocate — and the final outcome will say a lot about city politics in the Lee administration.

There are all sorts of half-truths and misleading statements by supporters of 8 Washington. Here are the five main reasons the project shouldn’t be approved.

1. It fills no housing need. San Francisco has no shortage of housing for the very rich; the dramatic need, outlined in both regional planning documents and the city’s own General Plan, is for low- and moderate-income housing for the people who actually work in this city (see “Dollars or sense?” 9/28/10). While San Francisco is getting richer by the day, the core workforce — public employees, workers in the hotel and restaurant industry, service workers, construction and trade workers, and a majority of the people in the lower levels of the finance and tech sector — are being priced out of the city. That means more people working here and living far out of town, often commuting by car, in what everyone agrees is an unsustainable situation. Meanwhile, more and more high-paid workers from Silicon Valley are living in San Francisco — again, commuting to distant jobs, either by car or by corporate bus.

The city’s General Plan states that some 60 percent of all new housing built in the city should be below market rate. San Francisco desperately needs housing for its workforce. This type of project simply puts the city deeper in the hole and further from its housing goals.

2. It’s a reward for bad actors. The main developer of this project is Simon Snellgrove, but one of his partners is, by necessity, Golden Gateway, which owns a significant part of the land — and which has been flouting at least the spirit if not the letter of city and state law and costing San Francisco tens of millions of dollars.

As project opponent Brad Paul has noted in written testimony, when Timothy Foo, the current owner, bought the complex from Perini Corp. about 20 years ago, he used a loophole in state law that allowed him to avoid a formal transfer of ownership. That means the property wasn’t re-assessed, costing the city about $1.5 million a year. According to the Assessor’s Office, the deal wasn’t illegal (and these tricks to avoid reassessment are relatively common) but still: He’s costing the city millions by using a loophole not available to most people.

Golden Gateway, which was built in a redevelopment area as middle-class housing, is now renting out apartments as short-term tourist or corporate rentals. There are dozens of examples right now on Craigslist. City law bars the owners of rental housing from converting it to hotel rooms, but a loophole in that law makes what Foo’s outfit is doing technically legal. But he’s clearly violating the spirit of the city ordinance that seeks to protect rental housing from hotel conversions.

One of the main aesthetic complaints about the area — something Snellgrove’s lobbyists have tried to use to support the project — is the ugly fence that now surrounds the Golden Gateway Tennis and Swim Club. But who do you suppose put that fence there?

Do we as a city want to be giving special zoning benefits to companies that try to circumvent tax and housing laws?

3. It’s an environmental disaster. Snellgrove and his architects, Skidmore Owning and Merrill, are seeking LEED platinum certification for the project, saying that its energy-efficiency, water use, and green building materials will make it one of the most sustainable structures in San Francisco. It is, the project website notes, close to all types of public transit.

But LEED doesn’t take into account what the building is used for (see “Is LEED really green,” 7/5/11) — and in this case, the use makes a huge amount of difference.

People who buy multi-million-dollar condos don’t tend to take Muni or BART when they go places. That’s not conjecture, it’s a proven fact. A 2008 study by the American Public Transportation Association notes, bluntly, that wealthier people are more likely to drive cars. When you move into the stratospheric regions of the ultra-rich, that’s even more true. A 2011 report on the Charting Transport website notes: “The very rich tend to shun public transport.”

The current zoning in the area allows for one parking space for every four residential units. Snellgrove is asking for one space per unit — in other words, he figures every single buyer will have a car.

Many of the people who buy these condos won’t be working or even living most of the time in San Francisco. These are condos for world travelers, second and third homes for people who want to spend a few weeks a year in San Francisco. “They aren’t going to be living here all year,” Christina Olague, a former Planning Commission member who is now the District 5 supervisor, told us last July.

If five of the 165 residents of 8 Washington fly in a private or corporate jet from, say, New York to their SF pad once a month, the project will cause the use of jet fuel equivalent to what a normal family would use driving a car for 330 years, Paul noted.

“How many solar panels are needed compensate for burning 396,000 gallons of jet fuel a year?” he asked.

Then there’s the construction issue. If the developer’s projections are correct, as many as 20,000 dump truck runs will be trundling along the Embarcadero for several months, one every two minutes — and it could be happening right as the traffic nightmare called the America’s Cup is hitting the waterfront.

It also goes against some 40 years of waterfront planning policy, all of which as focused on downzoning and creating open space. This would be the first upzoning of San Francisco waterfront property in decades.

4. It will wipe out what is mostly a middle-class recreation facility. The Golden Gateway Tennis and Swim Club will be closed for three years, then (possibly) reopened later as a smaller facility. The club — with two outdoor pools and six tennis courts — sounds like something for the elite, and it’s managed by the upscale Bay Club, but a lot of the users are longtime Golden Gateway residents and seniors. “I would say 30 or 35 percent of the users are seniors,” Lee Radner, chair of Friends of Golden Gateway, told me. Most, he said, are middle-class people, and the expense isn’t that high. “My wife and I pay $3 a day to use the pool,” he said. “I swim every day, and it would cost more than that to use the public pools in the city.” He added: “There are some wealthier people, of course, but many of us are retired and on fixed incomes.”

We’re talking about 90,000 total square feet of outdoor recreation space — which dwarfs the 20,000 square feet of open space the developer promised to provide.

5. The city doesn’t get much out of the deal. In exchange for upzoning the waterfront, creating a big all of buildings and screwing up the city’s housing balance, what does the San Francisco general fund get? Not a lot. The estimates for new tax revenue run about $1.5 million a year of the next 60 years — and when you translate that to what economist call “net present value,” the cash equivalent today of that revenue stream, it’s about $30 million. The Port of San Francisco is talking about creating a special infrastructure financing district — sort of the equivalent of a redevelopment area — to pull that money out in advance, which may not even be legal (since part of the land is a former redevelopment area, the state law that allows these special finance districts may not apply). But even so, a Jan. 14 Port memo suggests that the agency has plans to spend all that money on its own infrastructure — setting up a potential battle between the supervisors and the Port Commission over where the money, if it actually can be collected up front, will go.

Like any developer, Snellgrove will pay into the city’s affordable housing fund — in this case, about $9 million to pay for the equivalent of 27 units. No affordable units will be on site, of course; that would detract from the uber-wealthy ambience of the place. And it’s not clear when those units would be built. “Nobody builds 27-unit buildings any more,” Paul, a former deputy mayor for housing, said. “We’ll have to wait until there’s enough money for a bigger project, somewhere, sometime down the road. That’s what we’re getting here.”

Either way, it’s not a huge benefit for allowing this disaster of a project — and it’s a terrible statement for San Francisco to make. At a time when the mayor has cleared the Occupy protesters — who are talking about how little the rich pay in taxes — off the waterfront, the city is preparing to move in the exceptionally rich, who aren’t paying anywhere near their fair share in tax revenue to local government.

(Nobody knows for sure whether the costs of servicing high-end residential exceed the revenue the city gets from property taxes. In 1971, the Guardian put together the first-ever cost-benefit study for highrise office development, which showed that commercial buildings cost the city more than they paid; that’s been confirmed and demonstrated over the years to the point where it’s hardly even an argument any more. The supervisors ought to ask the city economist or the budget analyst to do the same sort of analysis for luxury condos.)

There’s another element here: Mayor Lee made a point during his campaign to say over and over again that he was an independent thinker, that powerful and influential allies like Rose Pak would not be calling the shots at City Hall. This will be his first major test: Pak and lobbyist Marcia Smolens are working hard to promote 8 Washington. And we’re already getting some disturbing signals out of the mayor’s office.

Lee told us that he has “no thoughts” about the project and hasn’t been paying any attention to it. That’s an odd stance, considering that his own Port Commission is pushing it and staffers in his office are working with the developer. This is a big priority for Pak, and the notion that she has never mentioned it to the mayor defies reason. Board President David Chiu, who talks to the mayor regularly, opposes the project, which is in Chiu’s district.

It’s hard to imagine that anyone who pays attention to local politics could be missing what will be one of the landmark votes this spring on the Planning Commission — which will take up the project March 8 — and the Board of Supervisors.

The mayor, may, indeed, be ignoring everything that supporters and opponents of 8 Washington have said and may be waiting until the Planning Commission vote to take a position. But if he’s just ducking questions because he’s planning to support it, he’s making a big mistake.

This is a chance for San Francisco to go beyond the platitudes about building housing, go beyond the hype about “green” buildings, see through the fraud about community benefits and consider what this really is: A special favor for a developer who wants to cater to the top 1 percent of the 1 percent and move San Francisco even closer to being a city of, by, and for the elite. The only reasonable vote on 8 Washington is No.

Death penalty could go before California voters in November

12

It appears that California voters will get a chance to abolish the death penalty this November, and that supporters of the proposed ballot measure will use mostly fiscal and public safety arguments to pick away at the majority of state residents that polls have shown still support capital punishment.

The group SAFE (which stands for Savings, Accountability, Full Enforcement) California this morning held press conferences in San Francisco and three other cities to announce that it is turning in more than 800,000 voter signatures (504,764 are needed) to qualify a measure that would make life in prison without the possibility of parole the maxiumum sentence in California. It would also spare the 720 inmates now on death row in San Quentin Prison, converting their sentences to life in prison.

“We make history today. This is the first time that voters in California will have the opportunity to replace the death penalty with life in prison without the possibility of parole,” LaDoris Cordell, a retired Santa Clara County Superior Court judge, said at San Francisco City Hall.

She was flanked by Sups. Scott Wiener and Christina Olague and other supporters of the measure, as well to two visuals showing a county-by-county breakdown of the unsolved homicides and rapes in California. San Francisco ranks near the top in both categories, with 58 percent of murders (450) and 70 percent of reported rapes (1,236) going unsolved between 2000 and 2009.

“The money to catch these murderers and rapists is not there because it is on death row,” Cordell said, noting that the state wastes an estimated $184 million per year on capital punishment, a figure that represents the roughly $100,000 more per year it costs to house someone on death row versus in the normal prison population and the cost of lifetime legal representation and appeals to which condemned prisoners are entitled.

They argue that in a cash-strapped state, that money could be put to better use solving crimes and supplementing police budgets, with Wiener calling for state residents “to be rational in our approach to public safety and end the death penalty in California.”

Most studies on capital punishment have shown that it does not act as a crime deterrent and that it does not save money, so most arguments supporting it have been emotional ones offered by grieving families or law enforcement officials describing the heinous details of crimes. 

SAFE California seemed to be trying to preempt those appeals with speeches in San Francisco by three other supporters of the measure: Jeanne Woodford, the former San Quentin warden who now runs Death Penalty Focus; Obie Anthony, who was wrongfully accused of murder and exonerated last year after serving 17 years in prison; and Deldelp Medina, whose aunt was murdered by her cousin during a psychotic breakdown and faced capital punishment.

Woodford oversaw four executions at San Quentin and said she and other corrections workers were plagued by the questions of whether the person they were executing was innocent and whether state-sanctioned killing was really making the world safer: “No public employee should ever carry that burden, because I can tell you the system is flawed.”

Many studies have shown the criminal justice system is often biased against African Americans like Anthony. “At the age of 19, I was charged and faced with a murder I did not commit,” said Anthony, who was convicted based on eyewitness testimony of a pimp who later admitted that he was lying to get leniency in his own criminal charges, a deal with police that jurors never learned about.

“I’m living proof that terrible mistakes can happen and there is no perfect system,” Anthony said.

Medina told another story common to California’s flawed justice system, that of overzealous prosecutors seeking to appear tough, often for political reasons, being matched against overburdened public defenders who often lack the resources to properly defend poor people accused of serious crimes.

She noted how the death penalty gets “trotted out as a show pony in every election cycle” by politicians using the families of crime victims. But the reality is that vengeance isn’t a healthy emotion, and she said that capital punishment does little to heal a family’s pain: “The death penalty is an empty promise to the families of victims.”

Cordell said that capital punishment, which often takes 25 years to occur once all the appeals are exhausted, simply prolongs the survivors’ pain. “A quarter of a century is not justice for these families,” she said. And with the high cost of capital punishment exacerbating government funding shortfalls and inherent flaws in the court system, she said, “Justice in our criminal justice system is in grave peril.”   

Have conservatives hijacked the Small Business Commission?

19

Is the Small Business Commission really advocating for small businesses, or has the commission been hijacked by bankers and real estate developers aggressively pushing a right-wing agenda of unchecked growth and cuts to government regulation, programs, and fees? And why has the Mayor’s Office stacked the commission with these ideologues and worked behind-the-scenes to keep them in leadership roles?

Those are just a couple of the questions that have been raised by Mayor Ed Lee’s recent effort to amend the charter to give this commission broad authority over the city’s legislative agenda, which was dropped in the face of widespread opposition, and by his office’s alleged calls to their appointees urging them to vote for developer Luke O’Brien as vice president and banker Stephen Adams as president (simply reversing the roles they had played last year).

Traditionally, sources say the commission has sought to balance leadership between the mayor’s four appointees and the three appointed by the Board of Supervisors. But these days, the Mayor’s Office (mostly Chief of Staff Steve Kawa, we’re told) and its appointees (which include two bankers and one developer), at the urging of pro-development groups Coalition for Responsible Growth (CRG) and Plan C, seems to want to consolidate their control and push their agenda.

Neither Kawa nor Press Secretary Christine Falvey would address our direct question about the Mayor’s Office interfering with the internal working of supposedly independent commissions, but the Examiner today had a story about the Mayor’s Office doing the same thing on the Planning Commission with its leadership vote this week.

“If the Mayor’s Office feels the need to interfere in commission votes, it interferes with internal commission matters and the spirit of the commission,” Board President David Chiu, who has been following the Small Business Commission dynamics, told the Guardian.

Outgoing commission member Janet Clyde, who runs the legendary Vesuvio bar in North Beach, said she has long been bothered by the changing tone and dynamics on the commission: “There is definitely an agenda that is driven by the Mayor’s Office, a more conservative view…There is a big business agenda in small business clothes.”

And she said that change has been pushed by Plan C, CRG, and other fiscally conservative groups that backed Lee’s mayoral campaign. “They really saw an opportunity to use the Small Business Commission to push their agendas.”

The CRG board includes three members of Murphy O’Brien Real Estate Investments, including O’Brien and Mel Murphy, who is a mayoral appointee to the Building Inspection Commission, where he also regularly advocates for real estate interests. CRG, which did not return our calls for comment, testifies regularly at City Hall in favor of development and against regulation. Clyde and current commission member Kathleen Dooley say O’Brien has been especially aggressive in pushing his ideological agenda.

O’Brien ignored repeated Guardian requests for comment, and when we finally reached him by phone, he said, “I have no interest in talking to you.”

In December, in his role as president, O’Brien called a special hearing to discuss the Eastern Neighborhoods Plan, the massive land use plan passed a few years ago after dozens of public hearings to work out its myriad complicated details and balance the preservation of light industrial properties with housing development, providing city services, and other considerations.

“This thing really needs to be thought out a little bit more,” O’Brien said at the hearing in a video clip that is prominently displayed on the CRG website.

Commission Executive Director Regina Dick-Endrizzi defended that hearing and others that have ventured into planning, regulation, and land uses issues that seem to be the purview of other city commissions. “Every business we talk to that wants to be in a brick-and-mortar space, it’s all about land use,” she said, noting that at the commission’s last annual retreat, “they decided to take a look at impact fees and their implications.”

She also noted that the city defines small businesses as having fewer than 100 employees, and that both developers and bankers are legitimate small business advocates, noting how important loans and other capital sources are to small business survival. Mayoral spokesperson Christine Falvey also defended the appointments and their focus: “The Commission has a diverse group of individuals to represent small business. The agenda is not controlled by any one group. There is a diverse group of voices and all deserve to be heard.”

Falvey also said it’s important to have bankers like Adams, a branch manager of Sterling Bank & Trust, on the commission: “The Mayor understands the important link between conventional banks and micro lenders. While there are moderate improvements in the lending environment, understanding the current status of access to capital is critical information for the Commission in its role to advise and make recommendations to the Mayor and Board of Supervisors on policy matters and City regulations that affect either the ease or difficulty in doing business in San Francisco.”

But progressive members of the Board of Supervisors – including Sup. Christina Olague, a mayoral appointee, in her recent interview with the Guardian – have regularly derided the narrow focus and ideological agenda of the commission, particularly its mayoral appointees. Some privately call it the “Small-Minded Business Commission.”

“We need some diversity on this commission. It can’t be all white men with a particular point of view,” Dooley said.

That could begin to happen on Tuesday when the Board of Supervisors is slated to replace two of its outgoing appointees, Michael O’Connor and Janet Clyde, with two that have been recommended by the Rules Committee: Monette White, who runs Food for Soul, “an upscale restaurant and holding company,” and William Ortiz-Cartagena, CEO of Gentle Parking, which managing parking lots in the city.

But that won’t go very far in changing a commission that seems focused on using the “small business” fig leaf to push a more broad and ideological pro-business agenda. Even Chiu, who is strongly pro-business, told us, “The Small Business Commission needs to be focused on the plight and issues of small businesses.”

Mayor Lee’s vanishing bike lanes

77

By Morgan Fitzgibbons

OPINION When Mayor Ed Lee announced in February 2011 that he understood both the critical importance and the severe dangers inherent in the current bicycle infrastructure along the dual three-block stretches of Fell and Oak between Scott and Baker, a shot went through the community of people who had worked for so long to bring awareness to this troubled path.

Finally, it seemed, we had a mayor who understood that if San Francisco was serious about living up to its own nearly 40-year-old pledge to be a transit-first city, a narrow bike lane sandwiched between parked cars and fast-moving traffic on Fell Street and a complete absence of any bicycle infrastructure on Oak simply wouldn’t do.

Finally, we had a mayor who wouldn’t be satisfied with mere words on a page, who had the courage to carve out one single safe bike route from the east side of town to the west, to create a viable alternative to automobile transportation, to prepare our city for the inevitable challenges presented by climate change, peak oil, and economic collapse, and to do it in the face of the predictable objections from a few small-picture citizens who couldn’t look at the 60 square feet of a parking spot and imagine anything other than a privately owned two-ton pile of steel taking up precious public space.

The community of people who had waited nearly 40 years for the city to live up to its own word kept on waiting throughout 2011, patiently allowing the Municipal Transportation Agency to perform its due diligence, attending multiple public meetings in the hundreds, and delivering a resounding verdict: bring us our separated bike lanes. Make this neighborhood a better place to live. Begin the long work of preparing our city for a way of living that doesn’t center around the automobile.

With the public process complete and the calendar turning to nearly one year since Lee called for the MTA to “move quickly” to create separated bike lanes on Fell and Oak, the MTA handed down a jarring announcement. The Fell and Oak Bikeways were being delayed because the agency needed to take extra time to do all that could be done to find nearby replacements for the 80 parking spots set to be removed for the bike lanes.

That’s right — in a city that has for 40 years had an explicit policy of giving preference to transit options that weren’t the automobile, in a city that, nevertheless, has over 440,000 public parking spots and zero safe, accessible bike routes from the east side of town to the west, the creation of a separated bikeway that the vast majority of the community wants, and that the mayor’s own newly appointed District Supervisor, Christina Olague, is in support of, was being delayed by nearly a year so that the loss of private automobile parking would be as small as possible.

How does this happen? In a word: fear. The mayor and MTA are afraid of ruffling a few feathers to do what they know is right.

Cities like New York, Portland, and Minneapolis are leapfrogging us in building the cities of tomorrow. Chicago is creating 100 miles of separated bike lanes in the next four years. Don’t call us America’s Greenest City — you’re thinking of the San Francisco of 40 years ago.

Morgan Fitzgibbons is co-founder of the Wigg Party, a Western Addition neighborhood sustainability group

Meet the new supervisor

10

Christina Olague, the newest member of the Board of Supervisors, faces a difficult balancing act. She was appointed by Mayor Ed Lee, whom she supported as co-chair of the controversial “Run Ed Run” campaign, to fill the vacancy in District 5, an ultra-progressive district whose voters rejected Lee in favor of John Avalos by a 2-1 margin.

So now Olague faces the challenge of keeping her district happy while staying on good terms with the Mayor’s Office, all while running in her first campaign for elected office against what could be a large field of challengers scrutinizing her every vote and statement.

Olague has strong progressive activist credentials, from working with the Mission Anti-Displacement Coalition to protect low-income renters during the last dot-com boom to her more recent community organizing for the Senior Action Network. She co-chaired the 2003 campaign that established the city’s minimum wage and has been actively involved in such progressive organizations as the Milk Club, Transit Riders Union, and the short-lived San Francisco People’s Organization.

“One of the reasons many of us are so supportive of Christina is she is grounded in the issues of low-income San Franciscans,” said Gabriel Haaland, who works with SEIU Local 1021 and accompanied Olague to a recent interview at the Guardian office.

She also served two terms on the Planning Commission — appointed by Board of Supervisors then-President Matt Gonzalez in 2004 and reappointed by then-President Aaron Peskin in 2008 — where she was known for doing her homework on complicated land use issues and usually landing on the progressive side of divided votes.

“Coming from the Planning Commission, she can do a lot of good,” said Tom Radulovich, executive director of Livable City and a supporter who has worked with Olague for 15 years. “We lost a lot of collective memory on land use issues,” he said, citing the expertise of Chris Daly and Aaron Peskin. “We do need that on the board. There is so much at stake in land use.”

Olague disappointed many progressives by co-chairing Progress for All, which was created by Chinatown power broker Rose Pak to push the deceptive “Run Ed Run” campaign that was widely criticized for its secrecy and other ethical violations. At the time, Olague told us she appreciated how Lee was willing to consider community input and she thought it was important for progressives to support him to maintain that open door policy.

In announcing his appointment of Olague, Lee said, “This is not about counting votes, it’s about what’s best for San Francisco and her district.” Olague also sounded that post-partisan theme, telling the crowd at her swearing-in, “I think this is an incredible time for our city and a time when we are coming together and moving past old political pigeonholes.”

With some big projects coming to the board and the working class being rapidly driven out of the city, progressives are hoping Olague will be a committed ally. There’s some concern, though, about her connections to Progress For All campaign’s secretive political consultant, Enrique Pearce.

Pearce has become a bit of a pariah in progressive circles for his shady campaign tactics on behalf of powerful players. In 2010, his Left Coast Communications got caught running an independent expenditure campaign partly funded by Willie Brown out of Pearce’s office, even though Sup. Jane Kim was both its beneficiary and his client — and that level of coordination is illegal. Last year, Pearce was hired by Pak to create the “Run Ed Run” campaign and write the hagiographic book, The Ed Lee Story, which also seemed to have some connections with Lee’s campaign. The Ethics Commission hasn’t fined Pearce for either incident, and he didn’t return a Guardian call for comment.

Olague told us not to worry. “He’s a friend…and I think it’s an exaggerated concern,” she said, confirming but minimizing his role so far. Yet she hired one of Pearce’s former employees, Jen Low, as one of her board aide. Olague’s other aides are Chris Durazo from South of Market Community Action Network (SOMCAN) and Dominica Henderson, formerly of the SF Housing Authority.

Debra Walker, a progressive activist who served on the Building Inspection Commission and has worked with Olague for decades, said she’s a reliable ally: “She’s from the progressive community and I have no equivocation about that.”

Olague makes no apologies for her alliances, saying that she is both independent and progressive and that she should be judged by her actions as a supervisor. “People will have to decide who I am based on how I vote,” she said, later adding, “I support the mayor and I’m not going to apologize for that.”

 

OLAGUE’S PRIORITIES

Olague was born in Merced in 1961 to a Mexican immigrant father who fixed farming equipment and a stay-at-home mother. She went to high school in Fresno and moved to the Bay Area in 1982. She attended San Francisco State University but had to drop out to help support her family, working at various stock brokerage firms in the Financial District. She later got a degree in liberal studies from California Institute of Integral Studies.

In 1992, Olague’s mother was in serious car accident that left her a quadriplegic, so Olague spent the next seven years caring for her. After her mother died, Olague left the financial services industry and became a community organizer for the Mission Anti-Displacement Coalition, battling the forces of gentrification and then-Mayor Brown and becoming an active player in the ascendant progressive movement.

But Olague never abided progressive orthodoxy. She backed Mark Leno over the more progressive Harry Britt in their 2002 Assembly race and backed Leno again in 2007 when he ran for state Senate against Carole Migden. She also voted for the Home Depot project on Bayshore Boulevard despite a progressive campaign against the project.

Olague worked with then-Sup. Chris Daly to win more community benefits and other concessions from developers of the Trinity Plaza and Rincon Tower projects, but now she is critical of Daly’s confrontational tactics. “Daly’s style isn’t what I agree with anymore,” Olague said, criticizing the deals that were cut on those projects to approve them with larger than required community benefits packages. “I think we romanticized what we got.”

So how does Olague plan to approach big development proposals, and is she willing to practice the brinksmanship that many progressives believe is necessary to win concessions? While she says her approach will be more conciliatory than Daly’s, she says the answer is still yes. “You push back, you make demands, and if you don’t think it’s going to benefit the city holistically, you just fucking say no,” Olague said.

Walker said Olague has proven she can stand up to pressure. “I think she’ll do as well as she did on the Planning Commission. She served as president and there is an enormous amount of pressure that is applied behind the scenes,” Walker said. “She’s already stood up to mayoral pressure on some issues.”

Yet even some of Olague’s strongest supporters say her dual — and perhaps dueling — loyalties to the Mayor’s Office and her progressive district are likely to be tested this year.

“It’ll be challenging for her to navigate,” Radulovich said. “The Mayor’s Office is going to say I want you to do X and Y, and it won’t always be progressive stuff, so it’ll be interesting to see how that plays out.”

But he said Olague’s land use expertise and progressive background will likely count for more than any bitter pills that she’s asked to swallow. “Sometimes, as a policy maker, you have to push the envelope and say we can get more,” he said. “It helps if you’re willing to say no to things and set boundaries.”

When we asked Olague to lay out her philosophy on dealing with land-use issues, she said that her approach will vary: “I have a very gray approach, project by project and neighborhood by neighborhood.”

Only a couple weeks into her new role, Olague said that she’s still getting a lay of the land: “I’m in information gathering mode, meeting with neighborhood groups to try to figure out what their issues are.”

But Olague said she understands that part of her job is making decisions that will disappoint some groups. For example, after Mayor Lee pledged to install bike lanes on Fell and Oak streets to connect the Panhandle to The Wiggle and lessen the danger to bicyclists, he recently stalled the project after motorists opposed the idea.

“I’m a transit-first person, for sure. I don’t even drive,” Olague said of her approach to that issue, which she has now begun to work on. “We’ll try to craft a solution, but then at some point you have to fall on one side or the other.”

 

THE “JOBS” FOCUS

One issue on which Olague’s core loyalities are likely to be tested is on the so-called “jobs” issue, which both Lee and Olague call their top priority. “Jobs and economic revitalization are very important,” she told us.

Progressives have begun to push back on Lee for valuing private sector job creation over all other priorities, such as workers’ rights, environmental safeguards, and public services. That came to a head on Jan. 26 at the Rules Committee hearing on Lee’s proposed charter amendment to delay legislation that might cost private sector jobs and require extra hearings before the Small Business Commission. Progressives and labor leaders slammed the proposal as unfair, divisive, unnecessary, and reminiscent of right-wing political tactics.

But when we interviewed Olague the next day, she was reluctant to criticize the measure on the record, even though it seemed so dead-on-arrival at the Board of Supervisors that Mayor Lee voluntarily withdrew it the next week.

Olague told us job creation is important, but she said it can’t squeeze out other priorities, such as protecting affordable rental housing.

“We always have to look at how the community will benefit from things. So if we want to incentivize for businesses, how do we also make it work for neighborhoods and for people so that we don’t end up with where we were in the Mission District in the ’90s?” she said.

Olague also said that she didn’t share Lee’s focus on jobs in the technology sector. “There’s a lot of talk of technology, and that’s fine and I’m not against that, and we can see how it works in the city. But at the same time, I’m concerned about folks who aren’t interested necessarily in working in technology. We need other types of jobs, so I think we shouldn’t let go of the small scale manufacturing idea.”

Plastic bags banned from all SF stores

12

The Board of Supervisors voted to expand a 2007 ban on plastic checkout bags to cover all retail and food establishments.

The law bans all businesses from providing plastic bags to customers. It also requires a ten cent fee for paper bags, to be pocketed by the store. With the ban, only paper bags, compostable bags, and reusable bags will be permitted at checkout. The city hopes to encourage shoppers to carry reusable bags.

Supervisors acknowledged that this ordinance could create confusion and inconvenience for business owners.

Many supervisors, notably Chiu and Weiner, emphasized that in the past few months they had done outreach in their districts, explaining the bill at open forums and neighborhood association meetings, and getting community feedback.

Two amendments– an exemption of certain items, such as fresh flowers, bulk candy and loose nails, and a cap of the paper bag cost at ten cents- -were the were results of community feedback.

With the amendments, the ban passed unanimously, with ten votes (Supervisor David Campos was ill and not in attendane.)

Melanie Nutter, Director of the city’s Department of the Environment, helped lead the outreach efforts.

“I am pleased. The legislation being considered today will encourage customers to reuse their bags. This will dramatically reduce the impact of hundreds of millions of disposable bags currently in use in our city. These bags end up on our streets, in our bay and oceans, and in landfills,” said Nutter.

The most notorious effect of plastic pollution on the Pacific Coast is the “Great Pacific Garbage Patch,” a floating conglomeration of trash that has been known to kill marine life and has been a target of environmental concern.

The ban will take effect Oct. 1.

Nutter said that the city is looking into a bag giveaway program to ease access to reusable and compostable bags for consumers and businesses. She added that, for businesses that are not able to use up their inventory of plastic bags by Oct. 1, some exemptions to the implementation date may be made.

Original legislation to ban plastic bags from grocery stores and chain pharmacies passed in 2007.  Since, several California cities have followed suit, including Malibu, Palo Alto, Los Angeles, San Jose and Long Beach.

“Now, it’s time for San Francisco to catch up and continue to show environmental leadership,” said Supervisor Christina Olague.

Transfer of power

4

yael@sfbg.com

Feb. 1 marks the first day that San Francisco and other California cities no longer have redevelopment as a tool for building affordable housing or dealing with urban blight, but questions remain about how the power and functions of the San Francisco Redevelopment Agency (SFRA) will now be used.

On Dec. 29, the California Supreme Court upheld the validity of Assembly Bill 26, which dissolved all redevelopment agencies throughout the state and redirected the property tax revenue they accumulated to prevent deep cuts to public schools.

Redevelopment agencies, established in California in 1948, were charged with revitalizing “blighted” areas of cities. There were 400 such agencies throughout California, funded by incremental increases in property taxes within a redevelopment zone. Agencies could borrow against that revenue source to subsidize development projects.

AB 26 mandated that all cities dissolve their redevelopment agencies by Feb. 1 and transfer assets to successor agencies meant to “expeditiously wind down the affairs of the dissolved redevelopment agencies,” according the bill’s text.

A resolution passed by the Board of Supervisors on Jan. 24 authorized the transfer of SFRA affordable housing assets to the Mayor’s Office of Housing (MOH) and its non-housing assets to the city’s Department of Administrative Services. It also created a board to oversee the implementation of the SFRA’s ongoing projects.

Now, San Francisco is faced with the task of continuing to fund affordable housing projects and other development without the SFRA, and the board’s resolution laid out some of the terms for how the city will do that, although much remains to be determined.

Mayor Ed Lee appointed all members of the oversight board, which includes Planning Director John Rahaim; MOH Director Olson Lee; Nadia Sesay, director of the Mayor’s Office of Public Finance; and Bob Muscat, director of International Federation of Professional and Technical Engineers, Local 21.

In recent weeks, some groups have raised concerns that these appointees are not representative of the communities impacted by the ongoing redevelopment projects that they will be entrusted with overseeing, and that too much power is concentrated in the Mayor’s Office.

“One of our biggest concerns is that the oversight body could be made much more accountable and democratic,” said Jeron Browne of People Organized to Win Employment Rights (POWER)-Bayview. Much of Bayview-Hunters Point is no longer under the authority of the Planning Commission or any regular zoning laws since it was declared a redevelopment project site in 2000.

Sup. Malia Cohen, who represents the area, added an amendment to the board’s resolution that would impose term limits on oversight board positions. “I understand that there are a number of concerns that have been raised about the composition of the board. However, given the short time frame and the technical nature of the board and its obligations, I’m very comfortable with these appointees that they will be able to make decisions necessary to make the projects move forward. Additionally, with the inclusion of staggering terms we will be able to ensure that there is ample opportunity to include representation from affected communities,” Cohen said at the meeting.

The board also passed an amendment to “clarify that the land use controls granted by the oversight board are consistent with previous land use authority granted by the Board of Supervisors and the redevelopment commission,” as a response to concerns that the oversight board will have too much power over land use in project areas.

Tiffany Bohee, interim director of the SFRA, said that the court’s ruling was the “least desirable possible outcome.” Bohee said the SFRA has spent recent weeks analyzing all enforceable obligations outlined by the ruling to make sure that the transition complies with the law and is as fair as possible to SFRA employees.

The positions that these 101 workers filled at the SFRA will no longer exist as of Feb. 1, and layoffs are underway. However, most will remain employed throughout a transition period that ends March 31, and Bohee said that many will find work in city agencies that will be charged with continuing the work of the SFRA, such as MOH and the Planning Department.

MOH was historically responsible for allocating federal housing grants to city agencies. In past decades, federal budget cuts have severely limited the grants to build affordable housing. Now, although MOH has some power over city housing policy and allocation of funds to build housing, many of those responsibilities had been transferred to the Planning Department — or, until recently, the Redevelopment Agency.

The Planning Department is governed by the Planning Commission with four mayor-appointed members and three members appointed by the Board of Supervisors. The Planning Department implements planning standards and signs off on structural changes to the city, ranging from homeowner requests to alter houses to developer requests to build high-rises.

In many ways, the Redevelopment Agency was redundant, shadowing work done by the Planning Department. When an area was designated an SFRA project area, the planning code and zoning restrictions no longer applied, and developers working in partnership with the city had the power to define new land-use regulations.

Many critics of the SFRA said that private developers were able to use this lack of regulation to take advantage of the significant amount of money reserved for the agency. Deepening this concern was the fact that the Redevelopment Commission, which oversaw the SFRA, was composed entirely of mayoral appointees, which some felt were less accountable to the public interest than the Planning Commission.

Some feel that the oversight board, composed entirely of mayoral appointees, will repeat the same lack of accountability to neighborhoods.

“The city is setting up a planning commission for the 1 percent. And the Planning Commission that we have is the for the 99 percent,” said Tom Radulovich, executive director of Livable City, which works on land use issues. He said that with the dissolution of the SFRA, the city has an opportunity to facilitate the construction of affordable housing in a more democratic fashion. His organization expressed concerns to the Board of Supervisors, cautioning that the Oversight Board should not have undue power over land-use in development project areas and that the new structure in city government for facilitating development projects should be created with the input of communities. The Board of Supervisors made clear Jan. 24 that the Oversight Board and its appointees are a temporary measure to comply with AB26 by the Feb. 1 deadline. As Sup. Christina Olague said, “I just want to assure the public that this isn’t the end-all, be-all of this discussion, that it will be ongoing, and we welcome any of your concerns at any time.”

Guardian editorial: Mixed report on Mayor Lee

21

EDITORIAL Mayor Ed Lee’s first big decision — the appointment of a District 5 supervisor — demonstrated something very positive:

The mayor knows that he can’t do what his predecessor did and ignore and dismiss the progressive community.

His inauguration speech demonstrated something else: That he has no intention of being a mayor who takes on and defies the interests of downtown.

Part of the reason Gavin Newsom was a failure as mayor is that he was constantly at war with the left. He ran the city as if his was the only way, as if there were no good ideas coming out of anywhere except his office — and as if anyone who disgreed with or voted against him was his enemy.

That didn’t work, and it doesn’t seem to be Lee’s style. He was under pressure to appoint a supervisor who would go along with him on key votes, but he also knew that a moderate or a lackey would deeply offend the voters in D5, who supported John Avalos for mayor and remain among the most progressive voters in the city. The choice of Christina Olague shows a willingless to accept that progressives play a significant role in San Francisco politics. (It also shows that he is better than any mayor in recent memory at keeping a secret — nobody outside of his inner circle had any idea who his choice was until he announced it Jan 9.)

Olague was, overall, an excellent planning commissioner, and has the potential to be an excellent supervisor. But she will need to make clear from the start that she is representing the district, not the person who gave her the job. Because on some of the key issues that will come before the board this spring, her constituents are well to the left of the mayor. If she can’t vote against his wishes, she’ll have trouble in November.

Olague also needs to be sure that some of the issues her predecessor, Sheriff Ross Mirkarimi, championed (public power and community policing, for example) don’t fall by the wayside. Her expertise in land use issues should be helpful as the board wrangles with waterfront development, affordable housing and the giant California Pacific Medical Center hospital project.

Lee’s inaugural speech was mostly a typical political speech for a new mayor, but it contained a nugget that’s worthy of note. He proclaimed that San Francisco should be a “city of the 100 percent,” a takeoff on the Occupy movement’s 99 percent slogan. And while that’s mostly rhetoric, it’s also a sign that the former housing activist is not going to be a mayor who wants to make a legacy of challenging the economic and political powers of San Francisco.

Working together is fine — but there are a small number of very wealthy and powerful people who have interests that are utterly opposed to the interests of the rest of us. Economic injustice is every bit as real in this city as it is elsewhere in the country — and that’s something the mayor didn’t even mention or acknowledge. Pacific Gas and Electric Co., the big real-estate developers, the landlords out at ParkMerced, the Chamber of Commerce,  and the Board of Realtors … they don’t want to work together. They want their way.

So it’s a mixed report for Mayor Lee — and over the next few months, he’s going to have to realize that everyone in the city can’t and shouldn’t work together, that there are battles where politicians have to take sides, and that all of us will be watching very closely to see where he draws the line.

BREAKING: Lee appointing Olague to D5 seat

20

Sources say Mayor Ed Lee will appoint Christina Olague, the Planning Commission president and longtime progressive, to the District 5 seat on the Board of Supervisors that was vacated by Sheriff Ross Mirkarimi. Formal announcement set for 10 am. More after the ceremony.

UPDATE 11:30 AM: Lee announced his decision and administered the oath of office to Olague this morning at City Hall before a large crowd of mostly progressive political activists who said they were pleasantly surprised to see one of their own get the nod, taking it as a positive gesture from a moderate mayor who has pledged to work with all sides.

In their remarks, both Lee and Olague talked about the need to get past political labels and stressed her detailed knowledge of planning and land use issues, which they hope will help with Lee’s main focus on job creation.

“This is not about counting votes, it’s about what’s best for San Francisco and her district,” Lee said. Olague echoed the sentiment: “I think this is an incredible time for our city and a time when we are coming together and moving past old political pigeonholes.”

She pledged to get right to work on pressing issues facing the city and with winning the “respect and trust” of voters in District 5, one of the city’s most progressive.

We’ll have more analysis and reaction to this appointment and Lee’s inaugural address yesterday in this week’s Guardian.

Ed Lee and District 5

12

It’s all gossip at this point because if anybody other than Ed Lee knows who Ed Lee is going to appoint to the District 5 seat, that person isn’t talking. It’s no surprise the Chuck Nevius, who really loves Mayor Ed, thinks it’s just fine and dandy that he’s taking his sweet time to name a replacement for Ross Mirkarimi, but a some people who live in the district aren’t so happy.

Here’s the thing: The new supervisor will hav to be appointed and take office pretty soon, since Mirkarimi is officially sworn in as sheriff Jan. 8, and so is effectively already off the Board of Supervisors. Either Lee makes his choice by Jan. 10, the next board meeting, or the supes will meet one member short — and the district will have no representation.

Not the end of the world, of course, but: No matter when Lee pulls the string now, the new person will have to hire a staff, make connections across the district, get up to speed on the issues and move into a difficult and complicated job without any transition time at all. No time for preparation, no time to meet with Mirkarimi or his staff to figure out what’s going on — nothing.

If Lee had made his choice a few weeks ago, that person could have been doing what Mirkarimi has been doing in the sheriff’s office — meeting with the outgoing office holder, going to briefings, assembling a team etc.

So Lee’s indecision isn’t just bad for the district; it’s bad for the person he appoints.

Oh, and by the way: Nevius has part of his analysis a little wrong. He claims that

The Guardian, the progressive playbook, has already made its pitch, twice writing that Planning Commission President Christina Olague would be acceptable.

Actually, we haven’t endorsed or promoted anyone for the job (and that’s probably just as well, since anyone I suggest will never get the mayor’s support). We did run an opinion piece by Gabriel Haaland saying that Olague would be acceptable to him. All we’ve done is described the profile we’d like to see:

It’s critical that the mayor appoint a District 5 supervisor who is a credible progressive, someone who supports higher taxes on the rich and better city services for the needy and is independent of Lee’s more dubious political allies.

Either way, it’s time for Lee to make a decision.

An open letter to Ed Lee

76

OPINION Dear Mr. Mayor,

During the next week you will be appointing the a supervisor for District 5, an area of the city that has been historically considered the most progressive part of one of the most progressive cities in the country. It will be a signature decision for you in the next year, and will reveal the tone of your administration. Will you be a consensus mayor — or will you carry on your predecessor’s fight with progressives?

You have many qualified choices, but there is probably only one on your list that a majority of progressives would consider a clear progressive choice: Christina Olague, president of the Planning Commission. There are some who have hesitations about her, but ironically those hesitations are based on her relationship to you and her support for your candidacy for mayor. I have to admit, as a supporter of progressive Supervisor John Avalos for mayor, I shared some disappointment that she didn’t support John.

I’m sure there’s intense pressure on you to choose a more moderate choice, and I’m sure there are from your perspective some valid points to that argument. That said, District 5 deserves progressive representation.

I am a Haight resident, and I ran for Supervisor in District 5 in 2004. Supervisor Ross Mirkarimi came in first, I came in second, and Lisa Feldstein came in third. Both Lisa and I have spoken repeatedly about whether we would run next year, and we have even discussed running as a slate. Most political analysts think one of us would have a decent shot at winning — but I think both of us would support Christina, assuming that her votes continue to reflect her commitment to the progressive values of the district.

Christina not only supported you, she also supported Mirkarimi in 2004, and Matt Gonzalez when he ran for supervisor in 2000. She was appointed to the Planning Commission by Gonzalez and has been reappointed repeatedly by progressive supervisors to that commission. While her votes have not been perfect, by and large, her record is excellent; she has never succumbed to pressure, has listened well to all sides, and has ultimately done what she thought was right.

For example, she stood up for tenants’ rights when the landlord from Park Merced came to the Planning Commission to ask that 1,500 apartments be demolished, all of which were subject to the city’s rent control ordinance. She recognized the flaws in the landlord’s argument that a side agreement (negotiated without the local tenant groups involved) would prevent rent hikes and evictions. Olague was on the right side of history on the Park Merced deal, and has a long record of building tenant and senior tenant power. That’s the kind of leadership we need for District 5, an area comprised of primarily renters. I believe Olague will be a supervisor tenants can trust.

I can’t guarantee that all progressives will stand down if Olague gets the seat. The ego game is what it is. You have learned that from politics, I’m sure. But I think most progressive institutions and progressive activists will see her appointment as a victory and will support her candidacy for Supervisor next fall, as they should if she shows that her votes reflect the trends and values of District 5.

With Christina Olague, you have a win-win. You appoint a supervisor who reflects the progressive values of the district and who is also electable in November. 

Gabriel Haaland is an elected member of the San Francisco Democratic County Central Committee and an LGBT labor and tenant activist.

Lots of buzz and politicking around D5 appointment

65

There is eager speculation – and lots of public and private pressure being applied to Mayor Ed Lee – over the question of who he will appoint to fill the District 5 seat on the Board of Supervisors that is being vacated by Sheriff-elect Ross Mirkarimi.

Anti-progressive entities from the San Francisco Chamber of Commerce to the San Francisco Chronicle are urging Lee to appoint a fellow moderate to the solidly progressive seat, despite the outrage that would trigger on the left and the difficulty that appointee would likely have keeping the seat after the November election.

Chron columnist CW Nevius today published a weird little puff piece plugging London Breed – a moderate who wants the D5 seat, a fact he strangely didn’t mention – and her leadership of the African American Art & Cultural Center. Chron columnist Leah Garchik also pumped up Breed as a D5 appointee last week. Nevius’ column in particular seemed to be a thinly veiled attempt to influence the decision, despite the regular insistence by Nevius and others at the Chron that they never have a political agenda or try to influence City Hall. Yeah, right – at least we at the Guardian are honest about our advocacy for more progressive city leadership.

Breed is being strongly pushed by Willie Brown, the former mayor and current Chron columnist, as well as most of the city’s African American ministers, such as Revs. Amos Brown and Arnold Townsend, who showed up at last week’s Board of Supervisors meeting and followed Lee back to his office after his appearance before the board.

Sources connected to the ministers told us that Lee hadn’t returned their phone calls in recent weeks and they were angry about the snub, so they showed up to let him know and mau-mau him into appointing Breed. Indeed, Brown did get a private meeting with Lee after his followers wedged their way into the office.

Reporters had asked Lee about the D5 appointment just moments before and he said that he was in no hurry to make a decision. “I want to pay my respects to many groups in District 5,” Lee said.

While many names have been floated as D5 contenders, there are a few that rise to the top. Malcolm Yeung, public policy director of the Chinatown Community Development Center, is being pushed by Rose Pak, the Chinatown power broker who worked with Brown to get Lee into Room 200.

But given Lee will probably avoid simply choosing between the Brown and Pak choices – unless they can privately coalesce around someone, which is certainly a possibility – most City Hall speculation these days falls on Christina Olague. The Planning Commission president comes from the progressive camp but she also served as a co-chair of Progress for All, creators of the Run, Ed, Run campaign that persuaded Lee to run for a full term.

Speaking to the Guardian in October, Olague denied that her early endorsement of Lee had anything to do with the D5 seat, which she said she wasn’t seeking but would take if offered. “If we get progressives to support him early on, maybe we’ll have a seat at the table,” was how she explained her support for Lee.

On Friday, Olague showed up for Mirkarimi’s art opening and holiday party in his City Hall office, and she chatted with other possible contenders for the D5 seat, including Quintin Mecke, Julian Davis, Gabriel Haaland, Jason Henderson, and Michael O’Connor. Asked by the Guardian if she had any insights into how the appointment was going, she said all she knows is what she’s read online and in the newspapers.

And so we wait.

The next D5 supervisor

21

Now that it appears Sup. Ross Mirkarimi will be the next sheriff — and Ed Lee will be mayor for the next four years — the speculation is starting over who Lee will name to replace Mirkarimi as District Five supervisor. There are an abundance of qualified candidates, but my sources tell me the Mayor’s Office is looking right now primarily at two people — London Breed, director of the African American Art and Culture Complex and a former redevelopment commissioner, and Malcolm Yeung, an attorney who is president of the Asian American Bar Association and longtime policy person at the Chinatown Comminity Development Center.

Both, of course, were Lee supporters.They have a history of working on progressive causes (Yeung, at CCDC) and strong ties to the community (Breed at AAACC). Breed has spent more time as an activist in D5 (and was appointed to her job by former mayor Willie Brown), but Yeung is reportedly popular with Rose Pak, who clearly has the mayor’s ear.

I don’t know who Lee will be taking to about the appointment, but you can be sure both Brown and Pak will be giving their advice. And so far — although it’s still early — nobody has been talking to the current supervisor.

I called Mirkarimi and asked him who he would suggest, and he told me there were plenty of people — although neither Breed nor Yeung would be on his short list. He didn’t want to name names, but I can: queer/labor activist Gabriel Halland and Community College Board Member John Rizzo are both eminently qualified for the job, and Julian Davis would also be on a lot of short lists. So would Christina Olague, a planning commissioner (and Lee supporter) — but one City Hall insider told me that “Willie would never let that happen.”

Mirkarimi did suggest that he ought to be consulted. “I would think after all the work I’ve done in the district over seven years and two administration that  Mayor Lee would at least want my input,” he said. We’ll see.

The selling of Ed Lee

0

steve@sfbg.com

Ed Lee has gone through a remarkable makeover in the last year, transformed from the mild-mannered city bureaucrat who reluctantly became interim mayor to a political powerhouse backed by wealthy special interests waging one of the best-funded and least transparent mayoral campaigns in modern San Francisco history.

The affable anti-politician who opened Room 200 up to a variety of groups and individuals that his predecessor had shut out — a trait that won Lee some progressive accolades, particularly during the budget season — has become an elusive mayoral candidate who skipped most of the debates, ducked his Guardian endorsement interview, and speaks mostly through prepared public statements peppered with contradictions that he won’t address.

The old Ed Lee is still in there somewhere, with his folksy charm and unshakable belief that there’s compromise and consensus possible on even the most divisive issues. But the Ed Lee that is running for mayor is largely a creation of the political operatives who pushed him to break his word and run, from brazen power brokers Willie Brown and Rose Pak to political consultants David Ho and Enrique Pearce to the wealthy backers who seek to maintain their control over the city.

So we thought it might be educational to retrace the steps that brought us to this moment, as they were covered at the time by the Guardian and other local media outlets.

Caretaker mayor

The story begins quite suddenly on Jan. 4, when the Board of Supervisors convened to consider a replacement for Gavin Newsom, who had been elected lieutenant governor but delayed his swearing-in to prevent the board from choosing a progressive interim mayor who might then have an advantage in the fall elections. Newsom and other political centrists insisted on a “caretaker mayor” who pledged to vacate the office after serving the final year of the current term.

It was the final regular meeting of the old board, four days before the four newly elected supervisors would take office. What had been a bare majority of progressive supervisors openly talked about naming former mayor Art Agnos, or Sheriff Michael Hennessey, or maybe Democratic Party Chair Aaron Peskin as a caretaker mayor.

When then-Sup. Bevan Dufty said he would support Hennessey, someone Newsom had already said was acceptable, the progressive supervisors decided to coalesce around Hennessey. That was mostly because the moderates on the board had suddenly united behind a rival candidate who had consistently said didn’t want the job: City Administrator Ed Lee.

Board President David Chiu was the first in the progressive bloc to breaks ranks and back Lee, saying that had long been his first choice. Dufty became the swing vote, and he abstained from voting as the marathon meeting passed the 10 p.m. mark, at which point he asked for a recess and walked down to Room 200 to consult with Newsom.

At the time, Dufty said no deals had been cut and that he was just looking for assurances that Lee wouldn’t run for a full term (Dufty was already running for mayor) and that he would defend the sanctuary city law. But during his endorsement interview with the Guardian last month, he confessed to another reason: Newsom told him that Hennessey had pledged to get rid of Chief-of-Staff Steve Kawa, a pro-downtown political fixer from the Brown era who was despised by progressive groups but liked by Dufty.

Chiu and others stressed Lee’s roots as a progressive tenants rights attorney, the importance of having a non-political technocrat close the ideological gap at City Hall and get things done, particularly on the budget. So everyone just hoped for the best.

“Run, Ed, Run”

The drumbeat began within just a couple months, with downtown-oriented politicos and Lee supporters urging him to run for mayor in the wake of a successful if controversial legislative push by Lee, Chiu, and Sup. Jane Kim to give million of dollars in tax breaks to Twitter and other businesses in the mid-Market and Tenderloin areas.

In mid-May, Pak and her allies created Progress for All, registering it as a “general civic education and public affairs” committee even though its sole purpose was to use large donations from corporations with city contracts or who had worked with Pak before to fund a high-profile “Run, Ed, Run” campaign, which plastered the city with posters featuring a likeness of Lee.

Initially, that campaign and its promotional materials were created by Pak (who refuses to speak to the Guardian) and political consultant Enrique Pearce (who did not return calls for this article) of Left Coast Communications, which had just run Kim’s successful D6 victory over progressive opponent Debra Walker, along with Pak protégé David Ho.

During that campaign, the Guardian and Bay Citizen discovered Pearce running an independent expenditure campaign called New Day for SF, funded mostly by Willie Brown, out of his office, despite bans of IEs coordinating with official campaigns. That tactic would repeat itself over the coming months, drawing criticism but never any sanctions from the toothless Ethics Commission. Pearce was hired by two more pro-Lee IEs: Committee for Effective City Management and SF Neighbor Alliance, for which he wrote the book The Ed Lee Story, a supposedly “unauthorized biography” filled with photos and personal details about Lee.

Publicly, the campaign was fronted by noted Brown allies such as his former planning commissioner Shelly Bradford-Bell, Pak allies including Chinatown Community Development Center director Gordon Chin, and a more surprising political figure, Christina Olague, a progressive board appointee to the Planning Commission. She had already surprised and disappointed some of her progressive allies on Feb. 28 when she endorsed Chiu for mayor during his campaign kickoff, and even more when she got behind Lee.

Olague recently told us the moves did indeed elicit scorn from some longtime allies, but she defends the latter decision as being based on Lee’s experience and willingness to dialogue with progressives who had been shut out by Newsom, noting that she had been asked to join the campaign by Chin. Olague also said the decision was partially strategic: “If we get progressives to support him early on, maybe we’ll have a seat at the table.”

Right up until the end, Lee told reporters that he planned to honor his word and not run. During a Guardian interview in July when we pressed him on the point, Lee said he would only run if every member of the Board of Supervisors asked him to, although about half the board publicly said that he shouldn’t, including Sup. Sean Elsbernd, who nominated him for interim mayor.

And then, just before the filing deadline in early August, Lee announced that he had changed his mind and was running for mayor, the powers of incumbency instant catapulting him into the frontrunner position where he remains today, according to the most recent poll by the Bay Citizen and University of San Francisco.

Lee the politician

With his late entry into the race and decision to forgo public financing and its attendant spending limits, one might think that Lee would have to campaign aggressively to keep his job. But most of the heavy lifting has so far been done by his taxpayer-financed Office of Communications (which issues press releases at least daily) and by corporate-funded surrogates in a series of coordinated “independent” groups (see Rebecca Bowe’s story, “The billionaires’ mayor”).

That has left Lee to simply act as mayor, where he’s made a series of decisions that favor the business community and complement the “jobs” mantra cited relentlessly by centrist politicians playing on people’s economic insecurities.

Yet Lee has been elusive on the campaign trail and to reporters who seek more detailed explanations about his stands on issue or contradictions in his positions, and his spokespersons sometimes offer only misleading doublespeak.

For example, Lee’s office announced plans to veto legislation by Sup. David Campos that would prevent businesses from meeting their city obligation to provide a minimum level of employee health benefits through health savings accounts that these businesses would then pocket at the end of the year, taking $50 million last year even though some of that money had been put in by restaurant customer’s paying 5 percent surcharges on their bills.

Although Campos, the five other supervisors who voted for the measure, four other mayoral candidates, and its many supporters in the labor and consumer rights movements maintained the money belonged to workers who desperately needed it to afford expensive health care, the San Francisco Chamber of Commerce said it was about “jobs” that would be protected only if businesses could keep that money.

Lee parroted the position but tried to push the political damage until after the election, issuing a statement entitled “Mayor Lee Convenes Group to Improve Health Care Access & Protect Jobs,” saying that he would seek to “develop a consensus strategy” on the divisive issue — one in which Campos said “we have a fundamental disagreement” — that would take weeks to play out.

After a frustrating back-and-forth with Lee Press Secretary Christine Falvey by email, it’s still unclear how to resolve the contradiction between whether businesses could seize these funds or whether they belonged to employees, with her latest statement being, “The Mayor absolutely wants these funds spent on providing access to quality primary and preventative health care because this is the business’s obligation under HCSO. Making sure that these funds go to pay for health care is the most important objective.”

Similarly, when police raided the OccupySF encampment on Oct. 5, Lee’s office issued a statement that was a classic case of politicians trying to have it both ways, expressing support for the movement and its goal to “occupy” public space, but also supporting the need to police to clear the encampment of those same occupiers.

But now, in the wake of a repeat raid on Oct. 16 that has inflamed passions on the issue, the question is whether Lee can run out the clock and retain the office he gained on the promise of being someone more than a typical politician.

Is LEED really green?

news@sfbg.com


The archangel of sustainable development has arrived, promising much needed city housing that will add to the “social fabric of the waterfront community” with its glamorous green rooftops and unheard-of bay views. This is going to be the greenest building of them all, or so we’ve been told, but the truth is a bit more complicated.


A condominium development 25-plus years in the making, 8 Washington would transform the site of the Golden Gateway Tennis and Swim Club near Pier 39. The developer plans to renovate the recreation center with a larger fitness facility, provide two new waterfront parks with public access, and supply 30,000 feet of ground-floor retail stores and restaurants beneath its 165 new luxury apartments.


Sounds nice, doesn’t it? The problem with this $345 million project is that it’s being touted, with its “green building” LEED certification, as the most sustainable structure it can possibly be.


But there’s nothing sustainable about building high-end condos in San Francisco, a city with too many high-end condos and not enough affordable housing. And LEED (Leadership in Energy and Environmental Design), the most popular sustainable development certification system in the country, is a lie — at least as your friendly neighborhood building developer is marketing it.


LEED, the baby of the U.S. Green Building Council (USGBC) is a great marketing tool for developers in San Francisco, the city with the single most LEED certified buildings in the United States. San Francisco was just named the “greenest” city in North America at the 2011 Aspen Ideas Festival, largely due to its extensive representation of green buildings — which normally means structures built with recycled materials, near a transportation hub, featuring some solar panels or other renewable energy sources.


“LEED is certainly a positive thing,” Planning Commission President Christina Olague told us. “There’s this whole push toward green sustainability.”


The project’s “platinum” LEED status is all a San Francisco developer could hope for to attract the green — and more important, the city’s approval.


“LEED certification is part and parcel to the vision for the project,” said PJ Johnston of PJ Johnston Communications, speaking for the developer. “The city, neighborhood, and waterfront deserve healthy, sustainable structures, living spaces, public spaces, and amenities. That’s exactly what 8 Washington will bring.”


LEED has become the final word in green building — if your building is LEED certified, you’re golden. But all this green they’ve been feeding us is really a misleading, incomplete rating system.


The first thing to consider is that sustainable development, even if it uses recycled materials and 10 percent sun-powered electricity, is still development. Any time a structure is torn down, “the energy and materials in that [original structure] are going to get sent to landfills somewhere. You gotta calculate all that,” said sustainable development activist Brad Paul, a former SF deputy mayor, who believes in considering the entire “life cycle of a building” in determining its sustainability.


Even the Environmental Protection Agency sometimes discounts essential considerations of sustainable building. When it sought a new SF office space in 2009, its intention was to find a home that was “a model of sustainable development,” the SF Biz Times reported. But its first choice was to build new development, at the site at 350 Bush Street — with its environmental costs of demolition, throwing out old materials, and starting from scratch.


Last month, the EPA decided to remain at 75-95 Hawthorne Street instead of moving to a new building, but not because it was the sustainable choice. No deal was reached for 350 Bush, and as Regional Public Affairs Officer Traci Madison said, “There was no other option to choose from.”


Although it’s a measure of a structure’s material sustainability, LEED does not consider a building’s life cycle, or even its use. Consider 8 Washington. The developer has boasted that it’s the most expensive housing project in San Francisco history, with a hefty price tag of $3 million to $10 million per apartment.


“Who can afford these luxury condos, and what do they use them for?” Paul asks. “These guys who work for hedge funds on Wall Street,” who use the condo as a second or third home and commute on their private jets to get there.


Johnston said 8 Washington will be marketed to a “mix of buyers, including young professionals, empty-nesters looking to move back to San Francisco, and families … The project has many two- and three-bedroom units, encouraging family living,” he said. But it’s unlikely that those who can afford a condo of this luxury will make it their only home.


“[Board President] David Chiu says he’s worried about SF becoming a bedroom community for Silicon Valley,” said Paul. “I’m more worried about this being a bedroom community for New York, Boston, L.A.”


Instead of providing the affordable housing that San Francisco so needs, projects like 8 Washington attract the wealthy, who aren’t using public transportation. Instead, Paul said, they burn tons of fossil fuels using their new condos as weekend getaways.


 


LEED FOR THE RICH


LEED certifies buildings as “sustainable developments” based on the following categories: sustainable sites, water efficiency, energy and atmosphere, materials and resources, indoor environmental quality, and innovation in design and regional priority.


Earning points in each category brings a building closer to LEED certification, which requires at least 40 points. Above “silver” and “gold” status, a “platinum” LEED certification requires 80 points. But how builders get the points is what matters. For example, a developer might skimp on the insulation to install extra solar panels and get more points for a less efficient building.


Does LEED consider a building’s actual use? “The short answer is no,” said Jennifer Easton, a communications associate at the USGBC who added, “We want [LEED] to be used by every type of project.” But despite its billing, LEED tells an incomplete story.


“It’s just green drapery,” said SF attorney Sue Hestor, a slow growth advocate. “They’ve really had a PR machine. They keep touting all this greenness.”


LEED certification has value, Paul said, but it doesn’t turn multimillion dollar condos green. “There is absolutely no need for high-end luxury housing in the city right now,” he said.


Building luxury condos in place of affordable housing encourages the “Manhattanization” phenomenon, attracting wealthy out-of-towners to expend fuel on their private jets to get to their new crash pads.


“They aren’t gonna be living there all year,” Olague said of residents of luxury housing. “We hear a lot of, ‘We need more housing.’ If you keep building housing for the top 2 percent, how does it lessen the demand on your average workforce?”


But not everyone sees luxury condo-building as counterproductive. “Building that project actually allows for more affordable housing,” said Gabriel Metcalf, executive director of SPUR (San Francisco Planning + Urban Research Association). “It’ll provide housing for some people, and that can only be helpful to the housing market. If you don’t build new condos, then people just compete for the crumbs, and that means people who are rich push the rest of us out.”


In other words, if you give the rich housing, then they won’t take over your flat in the Mission — if they ever really wanted it in the first place. “I don’t think we can impose some kind of hipster elitism that they’re not our kind of people so they’re not allowed in,” Metcalf said of the wealthy out-of-towners.


LEED agrees. “We don’t want [LEED] to be for one specific group of people,” Easton said. “We have LEED-certified homeless shelters, but having a LEED certified luxury condo building is an advantage. We can’t control if someone is flying across the country in a jumbo jet every day — but we can control their energy efficiency in a building.”


 


WHO RIDES BUSES?


For the typical working class San Franciscan, living modestly is a must and public transportation is essential. So there’s an inherent environmental advantage to attracting residents who don’t rely on polluting planes and cars.


“There’s a definite need for workforce housing, middle class housing in San Francisco,” Paul says. “I guarantee you none of those people get there by private jet. The less income people have, the more likely they’re going to be to use public transit.”


But 8 Washington and luxury developments like it don’t foster public transit. The more wealthy people who move in, the more low-income residents get displaced — to the East Bay or other areas with more affordable housing. It’s another strike against sustainability when these workers opt to drive back into the city for work instead paying for BART, says Paul, particularly when they drive older, less-efficient cars.


“LEED was a way to spell an environmentally friendly product, but you have to figure in the extra driving,” said Paul.


But 8 Washington gets LEED points for building on a site close to public transit in an attempt to discourage individual car pollution. But will wealthy condo owner actually take the infrequent F-line with all the tourists instead of parking their $150,000 car in the underground parking garage right below their feet?


“When you’re talking about sustainable practices and reducing greenhouse gas emissions and how it relates to land use planning, it makes you wonder if that’s supposed to [solely] relate to housing people near transit corridors,” said Olague. “It seems to me you have to look at equity.”


The garage at 8 Washington, to be built below sea level under the condos, will house 415-plus parking spaces. The developer says that 250 of the spaces will be offered as public parking for the busy Ferry Building down the street, but the 165 additional spaces guarantee one parking space for each residential unit.


“Given the larger size of the residential units and the fact that the majority of the units are two to three bedrooms, we believe that one parking space per dwelling is appropriate,” said Johnston. Appropriate, maybe, but not environmentally friendly.


 


PROMISES AND REALITY


Wealthy people and affordable housing aside, LEED doesn’t actually measure the energy used in a building, says New York City-based architectural associate Henry Gifford. He filed a $100 million class action lawsuit against LEED last October for gaining a monopoly on the sustainable development market by making false claims about buildings’ energy savings.


“They say that the building is required to be energy efficient. But the building doesn’t have to be energy efficient — it just has to earn points, to promise it’s going to be energy efficient,” Gifford said.


It’s up to the developer what computer software is used to predict a building’s energy efficiency, and Gifford says that computer diagrams can easily be manipulated and do not consider inconsistent factors, like weather.


“California is the promise land,” said Gifford. “All you’re required to do is provide a promise. The sad thing is that it removes all the integrity from the process — it encourages lying.”


Furthermore, once the building is built and has achieved LEED certification, the building’s actual energy use in its life cycle isn’t considered. The only way you can truly know if a building is energy efficient is by looking at the utility bills, says Gifford. But once it’s LEED-certified, who cares?


There is a voluntary program called Building Performance Partnership (BPP) that tracks a building’s energy and water use over time. “The idea is we want LEED to be a system where it enacts change in the actual building,” said Easton. But the problem is the building has already gained LEED certification before the first utility bill is even mailed.


“We publish baseball scores. With everything in life, people get scored,” said Gifford, who operates with transparency in developing energy efficient buildings in New York, hosting open houses after buildings are built with printouts of their recent utility bill history.


LEED was never intended to have the final say on sustainable building, to be a seal of green approval, according to a New York Times op-ed by Alec Appelbaum last year (“Don’t LEED us astray,” 5/19/10). “Rather it was to be a set of guidelines for architects, engineers, and others who want to make buildings less wasteful. However, developers quickly realized that its ratings — certified, silver, gold, or platinum — were great marketing tools, allowing them to charge a premium on rents.”


Therein lies the issue. Yes, 8 Washington will “allow for more ‘eyes on the street’ at all hours of the day” and provide two or three-bedroom units for families who can afford them, as it promises. But a sustainable structure is far different than the promise of a sustainable life cycle of a building. And a promise is just that. *


UPDATE: Jennifer Easton at LEED wrote to inform us that, although the 8 Washington website clearly states that the project will include LEED certified buidlings, “We would like to clarify that 8 Washington is not a LEED-certified project, nor a LEED-registered project.”


 


PLANNING COMMISSION HEARINGS


July 7: Community Vision for San Francisco’s Northeast Waterfront


July 14: City demographics and sustainability; the need for low-income housing; presentation of “jet fuel burn rate” argument.


July 21: 8 Washington’s EIR approval hearing


All hearings to be held at 12 p.m. in the Commission Chambers, Room 400, City Hall, 1 Dr. Carlton B. Goodlett Place.




JET FUEL BURN RATE FOR LUXURY CONDOS


 


Let’s assume that just five of the 165 condo buyers at 8 Washington (3 percent) are Wall Street hedge fund traders or venture capitalists using them as second or third homes. Let’s also assume they’ll use them 1.5 times a month and commute to SF aboard their business jet, a reasonable assumption for Wall Street execs making tens of millions in salary and bonuses. Why would they fly by private jet rather than take Southwest or Amtrak? Because they can. This must be factored into any environmental analysis of a project that explicitly markets to this demographic and include the following:


Mid to large size business jets used to fly cross country (Hawker 800XP, Gulfstream G2/ G3, Bombardier Global Express) on average burn 400 gallons of jet fuel/hour, take 6 hours to fly New York to SFO and 5 hours for return trip. Therefore, a single round trip burns:


11 hours X 400 gallons per hour = 4,400 gallons of jet fuel per trip. A typical family car uses 1,200 gallons of gas per year, so one flight from NYC to 8 Washington equals almost four years of driving a family car.


1.5 trips/mo. = 6,600 gallons X 12 months = 79,200 gallons of jet fuel/year or the equivalent of driving a family car for 66 YEARS each month.


Using our example of five residents, the numbers over one year and 20 years are:


5 X 79,200 gallons/per year = 396,000 GALLONS OF JET FUEL A YEAR or equal to driving a family car 330 years, A THIRD OF A MILLENNIUM, each year.


396,000 gal. X 20 yrs. = 7,920,000 gallons of jet fuel, equivalent of driving family car 6,600 years, OVER 6 MILLENNIUM, in 20 years.


Given this reality, the 8 Washington environmental impact report must analyze such questions as:


How many solar panels are needed compensate for burning 396,000 gallons of jet fuel/year? How many low flow toilets would make up for burning 396,000 gallons of jet fuel/year? Etc.

Daly: SFBG profiled the wrong guy

88

When I interviewed Chris Daly for this week’s cover story on David Chiu and the political realignment at City Hall, Daly said we were putting the wrong guy on the cover.

“If the story is about political realignment, it’s about David Ho,” Daly told me of the political consultant who once worked on his and other progressive campaigns, but who helped engineer a split in the progressive movement with the help of consultant Enrique Pearce and District 3 Sup. Jane Kim, whose campaign they worked on together last year, beating early progressive favorite Debra Walker.

Daly said the political realignment that has taken place at City Hall has more to do with Kim and Ho – in collusion with former Mayor Willie Brown, Chinatown Chamber head Rose Pak, and Tenderloin power broker Randy Shaw – than it does with Chiu, who Daly considers simply a pawn in someone else’s game. Ho is seeking to be Pak’s successor as Chinatown political boss, and he and Pearce have been out there doing the ground work Pak’s effort to convince Lee to remain mayor.

“Any realignment that exists is about David Ho and I think it has more to do with the District 6 race than the District 3 race,” Daly said. “As far as David Chiu and realignment, they are separate things.”

While Ho and Pearce have traditionally worked on progressive campaigns – particularly in high-profile contests like this year’s mayor’s race, where John Avalos is the clear progressive favorite – they are now some of the strongest behind-the-scenes backers of the campaign to convince Ed Lee to run. Neither Ho nor Pearce returned our calls for comment.

“That’s the whole realignment,” Daly said, explaining that it was the peeling of entities like Chinatown Community Development Corporation and the Tenderloin Housing Clinic away from the progressive coalition of the last decade that has cast progressive supervisors into the wilderness and empowered Chiu and Kim, who in turn brought Lee to power.

“It’s not a seismic realignment, it’s a minor realignment, it just happens to be who’s in power,” Daly said. “It was a minor political shift that caused a big change at City Hall.”

Power has now consolidated around Mayor Lee, as well as those who convinced Chiu to put him there, including the powerful players who helped elect Kim. “These people, as far I can tell, have disowned Chiu,” Daly said. “He did what they wanted but he failed the loyalty test in the process.”

Chiu has so quickly fallen from favor that even Planning Commission President Christina Olague, who spoke at Chiu’s campaign launch event on the steps of City Hall just two months ago, is now one of the co-chairs of a committee pushing Lee to run, along with others connected to CCDC and the Pak/Brown power center.

Kim has also notably withheld her mayoral endorsement. She tells us that she’s waiting until after budget season, but the real reason is likely to wait and see whether Lee gets into the race. Daly said this new political power center has been playing the long game, starting with supporting Chiu back in 2008.

“Peskin kind of brought him up, and then I – tactically or a strategic blunder – I made the mistake of not bringing someone up,” Daly said, insisting that he’s always questioned Chiu’s political loyalties. “I had doubts from the beginning. Ultimately, it was Jane Kim and David Ho who tag teamed me and got me on board.”

Daly said Chui’s last-minute move to cross his progressive colleagues and back Lee for mayor “irreparably harmed him with progressives,” while doing little to win over a new political base. “He miscalculated the damage it would do to him,” Daly said.

Chiu’s dependability was also called into question when he was openly considering a deal with Gavin Newsom to be named district attorney, which would have allowed Newsom to appoint his replacement in D3, a move that he didn’t check with Pak.

“He gave control of his political base to someone else,” Avalos told us, offering that if Chiu was going to be so narrowly ambitious then he should have taken Newsom’s offer to become district attorney.

Even those around Chiu have emphasized his independence from Pak, who has desperately been looking for someone she could count on to back and prevent Leland Yee from winning the mayor’s office. And if Lee doesn’t run, sources say she’s likely to back another political veteran such as Dennis Herrera or Michela Alioto-Pier.

But given how deftly Ho and his allies have grabbed power at City Hall, I’d say they have a pretty good chance of convincing Lee to run, despite the mayor’s resistance. And if Lee runs, Daly, USF Professor Corey Cook, and others we interviewed say he would probably win.

Dense in the west

9

rebeccab@sfbg.com

A marathon special meeting of the San Francisco Planning Commission on Feb. 10 demonstrated a clear split over Parkmerced, a $1.2 billion private development project that will rebuild an entire existing neighborhood on the west side of San Francisco.

While some expressed strong enthusiasm for moving forward with the ambitious plan, many residents turned out to voice vehement opposition, citing concerns about traffic congestion, noise, dust, and the demolition of affordable apartments that some Parkmerced tenants have occupied for decades.

The votes to certify the project’s environmental analysis and send the plan onto the Board of Supervisors with a commission endorsement were split 4-3, with Commissioners Christina Olague, Hisashi Sugaya, and Kathrin Moore dissenting.

Those who voted no were appointees of the Board of Supervisors, while the four commissioners who voted in favor were appointees of former Mayor Gavin Newsom, suggesting a break along clear political lines. State Assemblymember Tom Ammiano also submitted a letter urging commissioners not to approve the project.

While Parkmerced Investors LLC, the project sponsor, eagerly awaits groundbreaking, spokesperson P.J. Johnston noted that they weren’t there yet. “First,” he said, “we have to break ground at the Board of Supervisors.”

 

IS IT GREEN?

The Parkmerced redesign has been touted as an ecological and sustainable beacon for urban development and, indeed, some features of the grand plan read as if they were plucked from a checklist from the U.S. Green Building Council’s Leadership in Energy and Environmental Design (LEED) green-neighborhood standards.

Walkable, bikeable streets with proximity to transit? Check. Water-efficient landscaping? Check. Energy-efficient dwellings? Check. Project sponsors claim that through dramatic reductions in per capita resource consumption, three times as many residents would consume the same amount of water and electricity as Parkmerced’s current population does today.

Johnston emphasized how adding new units to the west side of the city also helped contribute to “density equality,” since most new projects tend to be concentrated in the eastern neighborhoods.

Johnston was particularly jazzed about an innovative storm-water discharge system envisioned for the plan, which he described as a design that could “regenerate and repair the environment.” It would recirculate rainwater through a naturally filtrating system of ponds and bioswales to recharge Lake Merced, a water body that has been slowly shrinking due to being choked off from its natural watershed by a concrete urban barrier.

Green points might be awarded for plans for an on-site organic garden, but Commissioner Michael Antonini, who said he lives less than a mile from Parkmerced, cautioned that developers shouldn’t get too attached to that idea. After all, he said, many kinds of vegetables won’t thrive in that part of the city.

Meanwhile, the wholesale destruction of existing units is decidedly not eco-chic. The Green Building Council’s LEED neighborhood standards insist that “historic resource preservation and adaptive reuse” is always preferable in a green development — and that’s the point that Aaron Goodman, an architect who previously lived at Parkmerced, has been driving at for more than a year. Proponents maintain that Parkmerced’s wartime construction meant it was built with inferior materials, and that property owners have battled dry rot and other infrastructure problems.

Another not-so-green Parkmerced project feature has also raised eyebrows: parking. While proponents portray the redesign as a switch from a suburban, love-affair-with-the-automobile style to an enlightened departure from car-centrism, plans nonetheless include a parking space for every single unit.

That creates the potential for more than 6,000 new cars on the road in that area, and the 19th Avenue corridor is already notorious for traffic snarls. According to calculations by the Environmental Protection Agency, the typical American motorist generates more than five metric tons of carbon dioxide by driving in a given year.

 

REPLACING WHAT’S THERE

Before the Planning Commission meeting, residents from the Parkmerced Action Coalition — a relatively new residents’ group formed to oppose the redevelopment and a wholly different entity from the Parkmerced Residents’ Organization — made a public show of their dissatisfaction outside City Hall. Holding signs with slogans such as “Don’t Bulldoze Our Homes,” residents sang protest songs and chanted, “We are Parkmerced!”

With the dramatic makeover, Parkmerced would expand to around 8,900 units, tripling the number of residents who could be accommodated. Existing 1940’s-era garden apartments would be razed to make way for higher, denser housing. The plan comes at a time when neighboring San Francisco State University is undergoing its own phase of expansion.

“This project in its current state is a vision that is not in harmony with the people, place, or the environment,” charged Cathy Lentz, an organizer with the Parkmerced Action Coalition, in a vociferous plea to the commissioners. “It is a narrow vision, a corporate vision … a true vision would be inclusive of present dwellings, inclusive of animals, trees, and present environment.”

One resident lamented the pending loss of his garden courtyard, noting how much his children had enjoyed the green space growing up and listing the different kinds of birds that would surely be driven away by heavy-duty construction and tree removal. For many, the point was not so much what developers intended to build, but what would be lost to make way for it. One speaker dismissed the plan as “architectural clear-cutting.”

Commissioner Moore, an architect, sounded a similar note when she rejected the notion that the Parkmerced redevelopment should be hailed as infill, a desirable development concept that curbs sprawl by utilizing space efficiently. “Urban infill housing is defined as infill on vacant sites,” Moore said, “not sites that have become vacant by demolition.” She added that she believed the environmental impact review “fails to sufficiently examine why housing demolition is even necessary.”

In Moore’s view, “the only reasonable alternative is a significantly redesigned … project.”

 

WORKING-CLASS NEIGHBORHOOD

Unlike a luxury condominium development, the Parkmerced plan emphasizes built-in economic diversity — yet critics point out that as it stands, the housing complex is already inclusive of many lower-income, working-class residents.

The plan will incorporate several hundred below-market rate units, in accordance with the city’s inclusionary zoning ordinance. Commissioner Antonini also emphasized the boost to city coffers from tax revenue associated with the project.

Meanwhile, questions are still arising on the issue of rent control. “We do not believe it is appropriate for the City and County of San Francisco to be displacing rent-controlled residents,” noted Michael Yarne, a mayoral development advisor. A binding agreement between Parkmerced Investors LLC and the city of San Francisco, which will be linked to the land, promises that new units will be made available to rent-controlled tenants at the same monthly rate they now pay, with rent control intact (See “Weighing a Landlord’s Promise,” Dec. 21, 2010).

Yet Polly Marshall, a commissioner on the San Francisco Rent Board, noted that she still didn’t believe tenant protections were adequate. She also spoke to the pitfalls of tearing down and redoing an entire neighborhood.

“The proposed Parkmerced development is the kind of development that I normally would support. It’s the kind of thing I work on in my profession,” noted Marshall, an attorney who has worked on redevelopment projects. “What’s different about this project is that it involves an existing community. It requires devastation of that community. It reminds me of the old-style redevelopment projects that went on in the Fillmore that destroyed existing neighborhoods. Look around that area now … there’s high density housing there, but that’s about all. The community — the networks of the people — was destroyed decades ago.”

Marshall took it a step further, offering her analysis on why Parkmerced was targeted. “It’s because it’s a working-class neighborhood of renters,” she said. “That’s why we’re going to destroy Parkmerced.”

Weighing a landlord’s promise

8

rebeccab@sfbg.com

Emotions ran high at meetings held by the San Francisco Planning Commission about a massive overhaul of Parkmerced, a housing complex located next to San Francisco State University that is a neighborhood unto itself.

The plan envisions tearing down 1940s-era garden apartments and townhomes to make way for new low-rises and high-rises that would contain a mix of rental housing and for-sale units. Over the course of a construction project spanning three decades, Parkmerced would expand to 8,900 units — enough to triple the number of residents who can now be accommodated. Final approval for the project is expected in March at the earliest.

Some 150 residents turned out at a Dec. 9 special meeting held near Parkmerced to make it more accessible for seniors and people with limited mobility. Although commissioners had planned to open with a staff presentation, residents protested and demanded to speak first, and their request was granted. After listening to residents comment for hours, commissioners continued the discussion until the Dec. 16 meeting, which drew a smaller turnout.

While some residents were pleased by the plans, the majority who attended the first meeting expressed alarm and anxiety. People aired concerns about the long construction timeline, increased density, traffic congestion, and the impact the plan would have on a well-established, multigenerational community. Many of the speakers had been born at Parkmerced or raised families there. The comments portrayed an economically diverse neighborhood supporting close-knit circles of friends and family.

One question that seemed to have residents rattled most was whether they could trust the developer’s promise that their rent control would be preserved, even after their existing apartments have been torn down.

Among them was octogenarian Robert Pender, a founding member of the Parkmerced Residents’ Organization, who hobbled from his wheelchair to the podium to deliver his statement for the public record. “Parkmerced is my home, and I’m not going to be evicted because some landlord wants to make some more money,” he announced. After making his comments, Pender turned to face the audience, lifted his cane in the air, and issued a rally cry that captured the sentiment of the evening: “fight!”

Under the development plan, 1,500 apartments would be razed to make way for new residential units. The midcentury garden apartments open out to shared courtyards and patios. Many house tenants who’ve lived at Parkmerced for decades. For elderly residents or those who have disabilities, the exceptionally low rent makes it possible for them to stay in San Francisco despite limited income.

From the outset, Parkmerced Investors LLC and Stellar Management have promised existing tenants that they will be relocated to replacement units with roughly the same square footage, where they’ll continue to pay the same monthly rates and keep their rent control. The developer has even promised to keep the existing apartments intact until the new units are available so that none of the residents will have to move twice.

“Our promise to our residents is that we will preserve the rent control,” said P.J. Johnston, a spokesperson for the developer. “Our attorneys believe that the rent-control protections are absolutely ironclad.”

Johnston emphasized the big picture: “For decades, progressive San Francisco has been talking about the need for developing large chunks of affordable housing, for increasing density on the west side, and for creating more housing around transit. Here we finally have the opportunity to do all that while introducing major transit improvements and extending rent control.”

The landlord’s promise of continued rent control is written into a development agreement, a contract between the developer and the city that would be filed along with permits and entitlements for the property. Any subsequent owner would also have to adhere to the terms of the agreement.

Despite those assurances, tenant advocates speaking at the Dec. 9 meeting sounded the alarm that the guarantee could be called into question in court if the developer or a new owner ever sought to challenge it. The Costa-Hawkins Act, passed in 1995, prohibits rent control on newly constructed units, and San Francisco’s rent ordinance guarantees rent control only for units built before 1979.

“It is disingenuous for the Parkmerced landlord and for city staff to assure tenants that they will have rent-controlled replacement units after their units are demolished,” noted Polly Marshall, a tenant commissioner on the San Francisco Rent Board who spoke as an individual before the Planning Commission. “We simply don’t know if this will be the case.”

Marshall said the agreement could be susceptible to a legal challenge, given recent court rulings in Los Angeles and Santa Monica finding that the Ellis Act and the Costa-Hawkins Act preempted any contracts brokered with the municipalities. In each case, signed agreements between a developer and a city were dissolved in California courts.

“There’s nothing in state law that says that when you demolish rent-controlled housing, it has to be replaced with rent-controlled housing,” said Dean Preston, director of Tenants Together, a statewide tenant advocacy group. “I don’t think the city or the developer can make those guarantees.”

Preston added that the problem would be intensified if the property is conveyed to a new owner who didn’t make the same commitments, and acknowledged that he didn’t perceive a surefire way to guarantee enforceability. “It’s not the developer’s fault, and it’s not the city’s fault,” Preston added. “Ultimately this needs to be addressed In Sacramento.”

City staff and the developer seemed responsive to the concerns. In comments submitted to commissioners Dec. 9, Marshall said the development agreement should be amended to specify that the developer agreed to waive any rights to challenge the requirements of the agreement. The following week, at the Dec. 16 meeting, planning staff distributed revised copies of the agreement that had been changed to include that language.

During a staff presentation at the Dec. 16 meeting, mayoral development advisor Michael Yarne addressed the rent-control question in a detailed presentation. “The city wants to protect existing tenants,” Yarne told commissioners. “It is not the city’s intent to leave existing tenants vulnerable.”

Under Costa-Hawkins, Yarne said, exceptions to the rent-control prohibition apply in cases where a municipality has made a valuable contribution to a developer for a residential project in exchange for the waiver of rights under Costa-Hawkins.

Yarne ticked off a slew of contributions he believed would pass muster in a court of law as enough to qualify for the exception. Among other perks, maximum density controls for the site would be eliminated; the height and bulk for new buildings would be increased beyond what’s normally allowed; the city would not assess impact fees for the replacement units; the amount of permitted commercial mixed-use development for Parkmerced’s zoning category would be substantially increased; and the development rights would be frozen for 30 years with no required milestones.

“We believe this satisfies the public-assistance exception,” Yarne said. He noted that the document was drafted with feedback from City Attorney Dennis Herrera.

Tenant rights activist Calvin Welch, who had not yet seen the latest draft of the development agreement when the Guardian caught up with him, said “we’re agnostic” on the rent-control provision until having had a chance to carefully vet the final agreement. Yet he said the tenants were “absolutely right to be concerned,” given the recent legal precedent.

Sup. Sean Elsbernd, whose District 7 includes Parkmerced, said he tuned into the hearings though he did not attend. Elsbernd said he would feel comfortable moving forward with the plan as long as he had assurance from the City Attorney’s Office that the agreement was enforceable. “I don’t want to see that project go forward without certainty,” he said.

Christina Olague, vice president of the Planning Commission, acknowledged the strong concerns voiced by residents about the coming changes to the property. “We have to be sensitive to the emotions that we witnessed that day,” Olague said. “We have to balance out a lot of different needs.”

At the Dec. 16 meeting, more residents made comments echoing the furious opposition expressed on Dec. 9. At the same time, a small contingent of residents who favored the plan turned out to urge commissioners to approve it.

“I have witnessed consistent honesty from one source — the owner of Parkmerced, Rob Rosania,” Daniel Phillips, who identified himself as president of the Board of Directors of the Parkmerced Residents’ Organization, noted in written comments submitted to commissioners. “As long as I have known Rob Rosania and Stellar Management, they have made promises and kept them.”

Yet it was clear that many other tenants were not convinced, and on Dec. 9, several lamented the idea that their homes would be knocked down and their longstanding community impacted by the new development.

Residents who oppose the development recently formed a new residents organization called the Parkmerced Action Coalition. Members of that group are opposed to the wholesale demolition of the 1,500 garden apartments and would rather see them retrofitted and preserved.

“We are living in panic,” a woman who had lived in Parkmerced for many years told commissioners. “I am completely opposed to the tear-down of our community.”

Who’s trying to fast-track Parkmerced?

At a Sept. 30 Planning Commission meeting, several commissioners and community members raised concerns that project approval for Parkmerced, a development that will add thousands of new housing units to an existing residential complex, had been scheduled before anyone was really prepared to discuss it. It’s since been pushed back, but the attempt to rush it through drew fire nonetheless.

Land use attorney Sue Hestor said she’d discovered the day before the Planning Commission meeting that a final project EIR would be made available Oct. 7, with an approval hearing scheduled just two weeks later, on Oct. 21. That came as a surprise even to Hestor, who closely monitors development projects. “You cannot just drop a complex legal document on people two weeks before the hearing and say that is sufficient,” Hestor said. “Two weeks for a staff report for this project is insulting.” Prior to this notice, the hearing on Parkmerced was widely expected later in the year.

Christina Olague, vice-president of the Planning Commission, said during the meeting that the accelerated timeline was highly unusual. “I was hearing that we were going to be attempting to initiate this project on the 7th of October with an approval calendared for the following week,” she said. “And I was concerned that it felt, at that point, that it was a little bit out of the hands of the planning commission. When it comes to projects of this size, I just felt like that was too much of a rush to get it through, especially given that we are in the middle of CPMC with comments due the 19th of October.”

Olague said the process made her uncomfortable. “I felt a lot of our say was being removed from our realm and there were outside forces … other departments in the city that were kind of influencing it in a way that didn’t feel comfortable to me,” she said. “Also, historically … we have never done it that way. Usually we calendar an item for one week and then there’s a 20-day noticing period that allows members of the public to digest the information and review the information.” She added, “I just didn’t want the public to get the impression that we were favoring one project over other projects.”

Calvin Welch, an affordable housing activist, noted that Parkmerced developers have a laudable goal of preserving onsite rent-controlled units at the housing complex — but he had yet to see a draft of a development agreement outlining the details of that plan. The planning commissioners hadn’t seen that document, either. Welch suggested more time was needed to review the terms of the agreement.

If the Planning Commission had approved Parkmerced on this accelerated schedule, it might have gone to the Board of Supervisors for approval before the end of the year, so the votes would’ve easier to count than if the project went before a new class of Supes in 2011.

The Guardian reported earlier this month that Mayor Gavin Newsom received a $1,000 campaign contribution for his bid for lieutenant governor from Craig Hartman, a design partner for Parkmerced, plus $2,000 from two executives associated with the project. AECOM, which is completing technical studies for the project, gave him campaign donations totaling $13,000.

Speaking to a crowd of real-estate professionals and representives from the business community a couple weeks ago, Newsom urged them to get involved in district elections in order to avoid “a dramatic shift” that would occur if the wrong people get elected to local office in November.

Did the mayor’s office lean on the planning department to rush the approval of Parkmerced in order to ensure a more predictable outcome? We emailed Newsom’s press secretary, Tony Winnicker, with questions, and we’ll be sure to post a response if we receive one.

 

PG&E’s secret pipeline map

9

news@sfbg.com

>>CLICK HERE TO VIEW THE FULL-SIZE PG&E SECRET PIPELINE MAP (PDF)

It’s been nearly two weeks since the pipeline in San Bruno exploded and killed four people, injuring many more and destroying 37 homes. And it’s left a lot of people in San Francisco wondering: could it happen here?

Of course it could. PG&E has more than 200 miles of major gas pipelines under the city streets that are scheduled to be replaced — and that means they’re reaching the end of their useful life. Just like the pipe that blew up in San Bruno.

Are any running under your home or business? PG&E isn’t going to tell you.

That’s bad. “The public has a right to this information,” City Attorney Dennis Herrera told us. And Sup. Ross Mirkarimi has introduced a resolution calling on PG&E to make the locations of its pipelines, electric lines, and other potentially parts of the company’s infrastructure public.

But here’s what worse: even the city’s public safety departments — the ones that would have to respond to a catastrophic event involving a gas main break — don’t know where those lines are.

“I’m still looking for that map myself,” said Lt. Mindy Talmadge, a spokesperson for the Fire Department.

The city’s Public Utilities Commission, which, among other things, digs its own trenches to install and repair water pipes, doesn’t have the PG&E map. Neither does the the California PUC, which regulates PG&E.

It might also make sense for the City Planning Department to have the map; after all, zoning an area for the future development of dense housing that sits on top of an explosive gas main might be an issue. “People need to start holding PG&E accountable,” Planning Commission member Christina Olague told us. “Why shouldn’t PG&E release [the map] given the recent tragedy?”

PG&E insists that the exact location of the gas mains should remain secret because someone might want to use the information for a terrorist attack. But if the San Francisco Fire Department and Department of Emergency Services can’t get the map of the pipelines, something is very wrong. Even Sup. Sean Elsbernd, who has been allied with PG&E against public power issues, agreed that “the public safety agencies should certainly have that information.”

The Mirkarimi resolution urges PG&E “to cooperate with the city’s request for infrastructure information.” Mayor Gavin Newsom has already appointed the fire chief and city administrator to conduct a utility infrastructure safety review that would evaluate the location, age, and maintenance history of every pipeline underneath city streets.

Not every state allows utilities to keep this information secret. In both Washington and Texas, maps of underground pipelines are easily accessible, said Carl Weimer, executive director of the Bellingham, Washington-based nonprofit Pipeline Safety Trust. Texas even has an online system, he said.

But in California, PG&E keeps even essential safety agencies in the dark. If a fire came near where a PG&E pipeline was buried — or if an earthquake fractured some of the lines and gas started to leak — Talmadge said the San Francisco Fire Department wouldn’t be able to do anything about the explosive gas except call PG&E. Only the private utility can shut off the gas, which is under high pressure in the main lines.

“We radio to our dispatch center and request PG&E to respond … They would contact PG&E and have them respond,” she explained.

The department doesn’t prepare specifically for that sort of event. “We do not have a specific gas leak training … it would be more of a hazardous material training,” Talmadge said.

The remarkable thing is that much of the data the city doesn’t have — and PG&E won’t give up — can be pulled together from publicly accessible data. The major news media, particularly The Bay Citizen, have been pursuing the story and have run pieces of the map. Several newspapers and websites have published rough maps outlining where the major underground pipes are.

But as far as we know, nobody’s done a full-scale look at what the existing public records show.

Using information that the U.S. Department of Transportation has put on the Web, we’ve managed to put together a pretty good approximation of the secret map PG&E doesn’t want you to see.

We took a map from the DOT’s Pipeline and Hazardous Materials Safety Administration and layered it over a map of San Francisco. The maps of the southeast part of the city are more accurate; the information on gas mains going through the north and west side of town are sketchier. But the lines appear to run parallel to major streets, and we’ve put together a guide that at the very least can tell you if there’s a potentially explosive gas line in your neighborhood — and maybe even under your street.

Obviously, every house or business that has natural gas service — and that’s most of San Francisco — is hooked up to a gas pipe, and those feeder pipes run under almost every street. But the gas in those lines is under much lower pressure than the gas in the 30-inch main lines shown on this map, where pressure can reach 200 pounds per square inch. It was a main pipe that blew up under San Bruno.

It’s not surprising that the southeast — traditionally the dumping ground for dangerous and toxic materials — would have the most gas mains, and the most running through residential areas. One line, for example, snakes up Ray Street and jogs over to Delta Street on the edge of McLaren Park and near a playground. It continues under Hamilton and Felton streets, under the Highway 280 and onto Thornton Street before heading into the more industrial areas near Evans Avenue.

Another main line goes under the south side of Bernal Heights, running below Banks Street, around the park, then down Alabama Street to Precita Street, where it connects with 25th Street. That line then heads to Potrero Hill, where it follows Rhode Island Street to 20th Street.

Research assistance by Nichole Dial.