Land Use

Sunset for Suncal in Alameda

0

Alameda Island resident and community organizer Gretchen Lipow says the effort to oust developer SunCal, which threatened to sue the city last night when it was clear the jig was up, began two years ago.

“We divided the city into grids and went out and walked the streets, starting when SunCal brought their initiative out,” Lipow recalled, referring to Measure B.

SunCal, which was Alameda chose in 2007, after other developers including Lennar pulled out of the competition to be the island’s next master developer, succeeded in alienating many city residents, when it introduced Measure B, which included multiunit housing, a provision that violated a 1973 law banning anything larger than a duplex on the island.

And SunCal then succeeded in alienating city staff over its failure to provide promised transit plans and financing details, as the Measure B vote approached. In the end, Alameda Mayor Beverly Johnson and Councilmember Frank Matarrese both withdrew their support for SunCal’s measure, which bombed in February, losing by 85 percent.

Meanwhile, Lipow and other community members began working on an alternate plan, in recognition that it’s hard to fight a plan if you don’t have a counter plan in its place.

“I won’t call it a vision because that word has become horribly abused in this process, but we have been working on an alternate idea that we felt was much more compatible with the nature and land out there, in what is a somewhat isolated area,” Lipow said.

She recalls how at the time the community first got together to fight SunCal, the developer had not yet put what she calls “their anti-slow growth measure” on the ballot, but that when they did, the move only helped to crystallize all that was wrong with the developer’s approach.

“They tried to take the political decision-making out of the hands of the city,” Lipow said. “Talk about a land grab.”

Lipow says the community she represents did not agree with the developer’s “vision” for the former Alameda Naval Air Station.
“We do not see it as a condo village,” Lipow said. “That makes no sense. It’s a Superfund site that is still being cleaned up.”

Lipow said that along the way, folks on Alameda Island began to ask who was going to pay for SunCal’s proposed redevelopment plan—and realized that payment for a plan they didn’t want was going to end up coming out of their own pocket, and yet, there was little certainty if anything would ever end up being built.

“It’s all based on redevelopment bonds and speculation,” Lipow said. “And we see what’s going on in San Francisco, where the city is now saying they can’t get anyone to invest in the [Candlestick Point-Shipyard] deal.”

Lipow recalls how the community investigated SunCal.

“We found that its financial background is abhorrent,” Lipow said. “Since 2008, SunCal has filed about 30 bankruptcies and there are a hundred lawsuits against them. They collapsed with Lehman Brothers.”

Lipow points to a disturbing lack of information about SunCal’s financial partner, D. E. Shaw, who allegedly runs an underground hedge fund.

“No one knows this guy,” Lipow said. “There has never been on a single piece of correspondence between Shaw and the city.”

Asked if Alameda’s ouster of SunCal opens the door to other and perhaps equally spurious developers, Lipow said, “The community is now organized enough to have meetings, and we understand we need to come up with something.”

Redevelopment requires “duty of loyalty” from Arc Ecology

0

As a longtime member of the Mayor’s Hunters Point Shipyard Citizens Advisory Committee (CAC), Scott Madison took exception to a “duty of loyalty” clause in Arc Ecology’s most recent contract with the Redevelopment Agency.

This new requirement in Arc’s contract came up for discussion during the CAC’s July 12 meeting, Madison said.The rest of CAC did not rise up in support of his concerns, Madison adds. But he is convinced the requirement will harm the community that surrounds the 770-acre area that the city and Lennar want to develop with their massive Candlestick-Shipyard redevelopment plan.

The Board of Supervisors will consider that plan at their July 27 meeting, along with suggestions that Arc and the Sierra Club have been making for years. These suggestions include strengthening the terms governing the transfer of Parcel E-2, the most polluted shipyard site, and removing what Arc and the Sierra Club believe is an unnecessary bridge over the environmentally sensitive Yosemite Slough.

Arc has been monitoring the environmental impacts of the shipyard since 1984, and has provided neighborhood groups with information and technical support related to cleanup and redevelopment since 1986. And more recently, Arc Ecology opened a “community window on the shipyard cleanup” on Third Street, which is also accessible online, to provide information and resources for more meaningful community involvement in the cleanup.

Arc hosts environmental education discussions and community workshops and submits written comments to the Navy about the cleanup and to appropriate agencies on related shipyard redevelopment and reuse plans.

“We are working with the BVHP community to ensure that the transfer, redevelopment, and reuse are to the maximum benefit of the neighboring community,” Arc’s website states.

But in the past few years, as Lennar’s political Candlestick-Shipyard juggernaut has been gathering speed, Arc has ruffled feathers in the Mayor’s Office by developing Alternatives For Study, a document that explores detailed alternativesto the current Candlestick-Shipyard plan.

None of ARC’s alternatives are opposed to the development, but they all suggest ways to improve it, including an option that would not involve building a bridge over the slough, or a stadium on the shipyard, and would prevent the taking of 23 acres of state park land which Lennar wants so it can build luxury waterfront condos in the middle of the current Candlestick Point State Recreation Area, a plan that would be unthinkable if it was proposed for Crissy Field.

But the city, and in particular Michael Cohen, Mayor Gavin Newsom’s top economic advisor, view these alternatives, as signs of disloyalty, as they seek to rush Lennar’s massive 770-acre redevelopment plan over the finishing line, while arguing that any further amendments will make the plan more difficult for Lennar to shop around to investors, especially in light of the depressed economy.

The growing coziness between the city and the developer was put on full public display last week, when Sup. David Campos asked the project’s proponents to step forward at the Board’s July 13 hearing on the project’s EIR.

As Lennar Urban’s Kofi Bonner began to rise from his seat in the public seating area, Cohen, who had just finished answering Campos’ questions about the bridge and the project’s financing liabilities from the city’s bullpen in the Board’s chambers, raced over to the podium before Bonner had a chance to speak.

This uneasy closeness between city and developer, along with Arc’s extensive background in shipyard related matters, are why Madison believes the city’s residents are best served when Arc can express its opinions freely, even if that involves critiquing plans that the city seems to have grown increasingly defensive about, ever since it entered into a partnership with the Florida-based Lennar.

“Yes, it’s true that the city is paying for this contract with Arc, but it seems to me that this particular contractor’s responsibility should be primarily to the Citizen’s Advisory Committee, and not the city,” Madison said. “What if Arc reaches a conclusion that is odd with the developer, city agencies and other consultants? Would Arc be prohibited from making it public?”

Madison says the city has claimed that Arc would not be prohibited from such activities, and that the contract contains standard language. But he also adds that certain parties who are boosters for the city’s redevelopment plan object to what Arc and Bloom are doing in terms of raising valid science-based concerns.

“At the meeting, Al Norman said he hopes the Redevelopment Agency handcuffs Saul, not just by the hands but by the ankles,” Madison claimed.

And Bloom said that after his group made a video of him walking around wearing a “Can I buy your park?” billboard to illustrate what Lennar’s plan will do to the only state park in San Francisco, he was told that if Willie Brown was still mayor, Arc would have lost its contract, and all department heads who had been supportive of awarding it to Arc, would have been fired, too

Bloom notes that under Mayor Brown, he was awarded several contracts and helped author Prop. P, the measure that voters approved in 2000, which called upon the Navy to clean up the shipyard to the highest levels practical.

“Even Willie understood the need for balance,” Bloom said.
 
Bloom protested the city’s “duty of loyalty” requirement at the CAC’s July 12 meeting, but has apparently decided that the clause isn’t an insurmountable obstacle, because he has apparently since signed the contract. UPDATE: I just spoke to Bloom who told me that he has not yet signed the contract and is still working to get Redevelopment to see the problem with this requirement.

“At the CAC meeting, the committee endorsed the proposal to give us the contract,” Bloom explained. “But it’s up to the Redevelopment Commission to approve the contract, something they are set to consider at their September 7 meeting. We are making the argument that they need to think about the contract in broader terms.”

And Madison notes that it’s common sense that if you want a truly independent voice advising Redevelopment on the shipyard cleanup plan, then that voice should be allowed to be genuinely independent.

“The fact that the city is paying the bill for the contract shouldn’t require an organization to sign an extraordinary Duty of Loyalty, which conflicts with its true loyalty to the surrounding community,” Madison said.

The Guardian’s recent immediate disclosure request to Redevelopment should reveal the exact terms of Arc’s Duty of Loyalty requirement. And Matt Dorsey, spokesperson for the City Attorney’s Office says such clauses are rare.

“We are unaware of any confidentiality requirements being made, except in very rare circumstances, such as contracts related to the airport where there may be terrorist concerns,” Dorsey said. Stay tuned.

Daly highlights a decade in his district

50

Over the last decade, Sup. Chris Daly has been both a stalwart leader of the progressive movement in San Francisco and a political lightning rod – both for his aggressive advocacy of controversial policies and his combative personal style. But as he prepares to leave office, Daly is trying to highlight the role his District 6 constituents have played in pushing progressive reforms, starting with an event this Saturday morning at Herbst Theater.

Entitled “10 Years of District 6,” the event will feature significant players and movements from the last decade, including dot.com era land use fights over tenant eviction and the use of live-work lofts and other tactics to circumvent city housing policies, including formation of the Mission Anti-Displacement Coalition; the struggle to save SRO units for the poor; the successful campaign to save rent-controlled units during the Trinity Plaza rebuild; efforts to squeeze funding for community improvements out of developers; campaigns for progressive budget priorities; and a look at what’s next by Daly himself.

“Over the last decade in San Francisco’s District 6, the more honest analysis is that our many victories– on the ballot, at City Hall and in the neighborhoods– have not been about Chris Daly,” he writes. “Rather, our success has grown from the strength of our grassroots community and a true partnership between those in the trenches and those of us they elevated into the halls of power.” The event runs from 10:30 am to noon. It should be an interesting discussion of the district’s past and future, led by a termed out supervisor who has yet to announce who he’s endorsing to succeed him among the crowded field of candidates running for that seat.

Board accepts EIR, but vows to amend Candlestick-Shipyard plan

14

Text by Sarah Phelan, images by Luke Thomas


At the end of a ten-hour hearing to appeal the final environmental impact report  for the city and Lennar’s massive Candlestick-Shipyard redevelopment project, the Board voted 8-3 to accept the FEIR, with only Sups. John Avalos, Chris Daly and Eric Mar voting to reverse certification of what they said was a flawed document.


But the vote does not mean the Board has voted to accept the city and the developer’s final redevelopment plan. That plan will come before the Board on July 27, and the supervisors are expected to introduce a slew of amendments, in addition to  five amendments that Board President David Chiu introduced earlier this week.


These amendments are intended to address longstanding concerns about toxins at the shipyard, limited liability on the part of the developer, the questionable need for a bridge over Yosemite Slough, the reality that Bayview residents may be cut out of any upcoming jobs, and the desire to nail down efforts to use public power at the site


“We can’t do the amendments here, we are frozen out, all we can do is an up and down vote on the EIR for now,” Sup. Ross Mirkarimi told the Guardian last night. 
Mirkarimi anticipates that the Board will seek additional mitigations, such as requiring liquidated damages to shore up a community benefits agreement that Labor entered into with Lennar in May 2008.


Mirkarimi said the Board would also seek to increase workforce development benefits.
“Thirty percent of the target workforce population are ex-offenders, so while they might get training, currently they won’t get jobs other than construction,” Mirkarimi observed.


Mirkarimi was proud of the Public Power amendment that Chiu has already lintroduced, pointing to an ordinance that he and then Sup. Gerardo Sandoval introduced and Mayor Gavin Newsom signed into law, in March 2006. This public power ordinance established that “where feasible, the City shall be the electricity provider for new City developments, including military bases and development projects.”


“PG& E was ripped when we pushed that through,” Mirkarimi said.


During yesterday’s marathon hearing, the supervisors grilled city staff on issues that have proved to be key sticking points, as the city seeks to win final project approvals, even though they cannot address these issues with amendments until the July 27 meeting.


The Board questioned the wisdom of moving forward with development on the Shipyard, as the Navy continues to clean up radiological contamination and other toxins at the site, including Parcel E-2, which contains some of the nastiest pollution at the yard.


“Why not just wait until the CERCLA process is completed?” Sup. Campos asked, referring to the fact that the Navy is responsible for shipyard clean up, under CERCLA, which is also known as the Superfund Act.


Campos question came after acclaimed environmental scientist Wilma Subra and national environmental human rights lawyer Monique Harden, challenged the sanity of having the Navy digging out toxins while a developer simultaneously installs infrastructure at the same site.


Subra, who works in Superfund sites throughout the U.S, warned the Board that it’s very common to find contamination at these sites after they have been declared clean.


“So, the number of samples isn’t the magic answer,” Subra said, referring to the city’s constant refrain that the Navy has taken thousands of samples at the site. Subra also warned that it is not uncommon for a contractor to dig into an area that has been capped, thereby potentially exposing workers and the community to contamination and resulting in legal stand-offs, as various parties argue as to who has responsibility to fix the resulting mess.


Harden, who is based in New Orleans but also has an office in D.C., expressed concern over the plan to begin construction on some shipyard parcels, even as the Navy continues to remove radiologically contaminated sewers and other deep infrastructure at the site.
“That’s like a person jumping up and down on a bed that another person is trying to make up,” Harden said


But Michael Cohen, Mayor Gavin Newsom’s chief economic advisor countered that there was no scientific evidence to support Subra or Harden’s concerns.


“It’s a very common situation, especially on brownfields,” Cohen said, (though the Shipyard is a Superfund site that’s been contaminated with radiological waste that was sandblasted off ships returning from a Bikini Atoll atomic testing experiment gone awry.)


“It’s the basis for shipyard artists and the police being on the site for many years,” Cohen continued. “It’s safe based on an extraordinary amount of data.”


But Cohen did agree that language in Chiu’s Parcel E-2 amendment should be changed from “should” to “shall” to indicate that city oversight is a requirement, not a request, when it comes to final decisions over the transfer of this particular parcel.


Mark Ripperda of U.S. EPA assured the Board that his agency is not going to permit transfer of parcels for development until cleanup is completed.
“We are not going to allow any transfer until we are convinced it’s safe,” Ripperda said.


Sup. Eric Mar chastised the EIR for its apparent failure to adequately discuss the impacts of the proposed development on schools in the surrounding area.


“There is less discussion of the impacts on schools than there is of the A-Bomb, which was held at the Shipyard for 1 to 2 days,” Mar said. “The analysis seems very weak.”


And Daly expressed frustration that the Board was being asked to take a decision when it lacked sufficient information about and understanding of the project.


“How do we know it’s safe? ” Daly asked, noting that, “Money talks, bullshit walks.”
(His point resonated as City staff scrambled to find key information within the 7,000 pages of comments and responses in the massive FEIR documents, and Amy Brownell of the city’s Public Health Department rattled off a series of measurements and schedules that few on the Board seemed to understand.)


“The risks are acceptable,” Brownell said. “And the only people allowed on the property [during the development] will be the ones doing the work.”


The Board also challenged the need for a bridge over the environmentally sensitive Yosemite Slough, especially in the wake of the June 2010 election in which Santa Clara voters approved building a new stadium for the 49ers near Great America.


“One reason I’ve been given for [the need for the bridge] is the financial viability of this project,” Campos said.


Cohen replied that if the city does not to build the bridge, “it elevates the financial risk.”


“Parcel C [on the shipyard] has been zoned for green tech, and for major employers, having that direct connectedness to BART and the T-Third is very important.”


Cohen also indicated that, thanks to the project’s huge reliance on tax increment financing, the loss of the bridge would translate into lost property tax revenues.


“Some of the repayment comes from generation of tax increment financing, so the failure to have a bridge here, degrades the potential of property tax revenues, and so you get much less tax increment,” Cohen stated.


The Board also expressed concerned that under the current terms of the deal they are now set to consider July 27, the developer has limited liability—an arrangement that has got supervisors worried that the city, and Bayview residents whose increased property taxes will help pay for the development, could end up on the wrong end of the financial hook.


Campos pointed to the disposition and development agreement (DDA) that the city drew up with Lennar.
“I’m specifically worried about a provision that on the face of it limits the developer’s liability,” Campos said, pointing to language that seems to say that “monetary damages are inappropriate”—conditions that Campos deemed, “Very unusual.


Cohen responded that the deal reflects the reality that, “the Navy, not Lennar is responsible for the cleanup.”
He added that the city retains the legal ability to sue, various remedies and, ultimately, “the right of reverter” (which folks call the “nuclear option” since it involves kicking out the developer, but losing everything in the process.)


“This is an incredibly frontloaded project,  in which we have the ability to terminate the developer at the cost of millions of dollars,” Cohen said.


But while the city and the developer ultimately affirm EIR certification, the decision left the Bayview community deeply divided, with many concerned that the FEIR failed to address their concerns, while others rejoiced, believing that they will benefit from jobs that will be created during the development’s 10-15 year build out and beyond. Only time will tell how it all plays out, but stay tuned as the Board prepares to try and make the plan the best it can in face of all these competing concerns.


 

Board votes on Candlestick-Shipyard project EIR appeal today

3

All images by Luke Thomas

The Chronicle’s suggestion that the city’s massive Candlestick-shipyard project may be facing smoother sailing seems like wishful thinking to those who attended a July 12 noontime rally that was organized by POWER (People Organized to Win Employment Rights) and featured two Louisiana-based advocates who protested the project’s EIR and shared many of the longstanding concerns about project cleanup, infrastructure and financing.

The Chronicle was of course referring to five amendments to the city’s massive redevelopment proposal that Board President David Chiu introduced during yesterday’s July 12 meeting of the Board’s Land Use committee. The Chron interpreted these amendments as a sign that Chiu plans to approve the project’s environmental impact report, which comes before the Board today, after several groups appealed the final EIR that the Planning Commission approved last month.

But while city officials fear the developer will walk, if the Board does not approve the final EIR, some environmental advocates hope a better plan could be reached.

At POWER’s July 12 rally, nationally acclaimed environmental scientist Wilma Subra called on the District Attorney’s environmental justice department to “step up.” Subra claimed that the project’s final EIR “failed to evaluate and assess the cumulative impacts of exposure to children, adults and the environment as a result of exposure to all of the chemicals at the site.”

Monique Harden, co-director and attorney for Advocates for Environmental Health Rights (AEHR) of New Orleans, Louisiana, pointed to “deep flaws in the environmental regulation system,” as a reason why low-income communities of color should be concerned about the proposed plan.
“Why in the middle of an environmental crisis caused by BP in the Gulf am I coming to San Francisco?” Harden asked. “Because San Francisco is providing unequal environmental protection to its residents. As a resident of New Orleans, I’m concerned that San Francisco is careening towards making a decision that can crush the future of Bayview Hunters Point,”

But as local Bayview resident Jose Luis Pavon began talking about seeing gentrification occur in his lifetime within San Francisco, he and others got shouted down by a group of yellow and green-shirted project supporters, who were led by a guy calling himself Bradley Bradley and Alice Griffith public housing resident Stormy Henry.
“This is the devil’s trick in the last hour,” Henry said of the POWER rally.

Henry shared her heartfelt belief that if the Board approves the project’s final EIR, she and other Alice Griffith residents will get desperately needed new housing units. even if it takes some years to build them. Others in her group were unable to answer media questions: they had difficulty speaking in English, but were clutching neatly written statements in support of the project that they later read aloud at the Board’s Land Use Committee hearing.

As these project supporters prepared to move inside to attend the Land Use Committee meeting and lobby supervisors for their suppor, D. 10 candidate Tony Kelly shared his concerns that the Navy has a demonstrated history of finding nasty things at the shipyard years after they say everything’s clean, and that this pattern could jeopardize the plan.

“This happened at Parcel A,” Kelly said, referring to the first and only parcel of land that the Navy transferred to the city for development in 2004. “Since then, Parcel A has gotten smaller and as they found stuff on sites they then renamed as new parcels, like UC-3, which has radiological contamination in a sewer line that goes into the Bayview. So, that means the contamination is now in the Bayview.”

Kelly is concerned that the city is trying push through EIR certification before the Navy completes an environmental impact statement (EIS) related to shipyard cleanup activities. “The EIS is supposed to go before the EIR, as far as I know,” Kelly said

At the Land Use Committee meeting, Sup. Sophie Maxwell, whose district includes Candlestick and the Shipyard,said, the project was about “revitalization and opportunity.”

She noted that the certification of the project’s final EIR has been appealed to full Board’s July 13 meeting. She further noted that she intends to introduce legislation next week to address concerns that Ohlone groups have expressed.

The next two hours were full of testimony from a bevy of city officials, beginning with Michael Cohen, Mayor Gavin Newsom’s top economic advisor in the Office of Workforce and Economic Development.

“Every single element [of this project] has been discussed and debated at countless meetings,” Cohen claimed, as he sought to quell fears that the community had not been properly consulted with over the plan. “As we get closer to a vote, all of a sudden pieces of paper start circulating, criticizing project and suggesting that community involvement just began,” he continued. ” That’s factually untrue.”

He also sought to reassure the supervisors that the Board will have a say-so as to whether the city accepts early transfer of shipyard parcels from the Navy.
“Neither the city nor the developer have any specific authority over the cleanup,” Cohen said, noting that the cleanup is governed by specific rules set out in CERCLA [Comprehensice Environmental Response, Compensation and Liability Act, aka Superfund].

“Regardless of what we do, CERCLA will continue to be the regulatory tool,” Cohen said. ” I urge you not to be confused by CEQA and CERCLA.”

So, how can the city implement Prop. P, which voters overwhelmingly supported in 2000, urging the Navy to clean up the shipyard to highest attainable standards.
“Prior to any transfer, US EPA and DTSR have to concur in writing that the shipyard is safe,” Cohen explained, noting that, thanks to Speaker of the House Nancy Pelosi, the Navy has already spent over $700 million on shipyard cleanup efforts.

“We have 250 artists at the shipyard….but not a shred of scientific evidence to say that the shipyard is not safe,” Cohen claimed. “It’s safe to develop the shipyard in precisely the manner we are proposing.”

When Sup. Eric Mar raised the question of radiological contamination on Parcel UC-3, Cohen downplayed Mar’s concerns.
“The exposure levels are lower than watching TV,” Cohen claimed. “The primary source is very low level radiation from glow-in-the-dark dials.”
Indicating a map that showed a network of old sewers (in blue) and old fuel lines (in red) under the entire development area, Cohen said, “The radiological contamination that has and will be addressed at the shipyard is quite low level. You have radiation, you get nervous. We asked EPA to come out and do a scan to deal with the issue.”

IBI Group’s David Thom, the lead architect and planner for the project said the plan is designed “to connect new development back into the Bayview.”
“And this plan connects the Bayview through to the water.”

Tiffany Bohee, Cohen’s deputy in the Mayor’s Office of Economic and Workforce Development, insisted that project’s proposed bridge is better than Arc Ecology’s proposed alternative route, which would not involve constructing a bridge over an environmentally sensitive slough.
“The non-bridge route increases the number of intersections,” Bohee said, seeking to turn an environmental question (the impact of bridge on wildlife and nature experience) into a public safety issue.”
She claimed the BRT route over bridge was 5-10 minutes faster than Arc’s proposed alternative, “because there are fewer turns, it can go at higher speeds.” But Arc’s studies suggest the BRT route over the bridge is only a minute faster, and would cost over $100 million.

Bohee noted that $50 million from the sale of 23 acres of parkland for condos at the Candlestick Point State Recreation Area (CPSRA) will be “set aside for the state, and won’t be able to be raided by the city,” with $40 million going to improvements, and $10 million to ongoing operation and maintenance costs.

She also cited additional benefits that the project would bring to the community, including thousands of construction job opportunities.

“We are working with City Build to make sure they are for local residents,” Bohee said.“And there is absolutely no displacement for the rebuild,” Bohee continued referring to proposal to place current Alice Griffith public housing iresidents n new units, on a 1-1 basis

Eric Mar said he was impressed by many elements of the plan, but continued to express reservations.
“I’m still concerned that is seems to serve newcomers as proposed to existing residents,” he said. “And I’m still not convinced that the bridge is the best for existing residents.”

Rhonda Simmons, who works in Cohen’s Office of Economic and Workforce Development,  tried to flesh out details of the project’s job creation promises.
“The most immediate workforce is related to the construction site, and as you know, this project goes over a 15-20 year span,” Simmons said, pointing to green tech and retail as job opportunities that will exist once the project is built.

Mar expressed concern that the jobs may not be at the level of D.10 residents
“How is this gonna bring their skill level up?” he asked.
“The idea is that training gives first level entry at a variety of building trades,” Simmons said, pointing to the project’s large solar component.

“What about women?” Sup. Maxwell asked
Simmons pointed to retail opportunities,
“The idea of the training is to give folks job readiness skills, like getting there and showing up on time,” she said

Mar wanted to know who would have oversight of monitoring and compliance.
“In the city we have a tapestry of folks who do contract compliance,” she said. “The oversight will come from a variety of places.”

After Kurt Fuchs of the Controller’s Office listed the estimated economic benefits of the project, Board President David Chiu observed that the city is “at a crossroads.”

“I do not plan to prejudge,” Chiu continued, as he introduced his five amendments to regulate the Parcel E-2 cleanup, the size of a proposed bridge over the Yosemite Slough, expand healthcare access in the Bayview, create a workforce development fund and lay the groundwork for bringing public power to the project.

During public comment, Bayview resident Fred Naranjo pleaded for project support.  

“Please don’t let the train leave the station,” Naranjo said. “If Lennar leaves, the Bayview will never be developed.”

And Tim Paulson, executive director of the San Francisco Labor Council expressed hope that an agreement was getting closer.
“There really is a path to getting this done,” Paulson said. “This really is a model project in many ways for the rest of the United States.”
But D. 10 resident Linda Shaffer with the Yerba Buena chapter of the California Native Plant society indicated the huge pressure exerted on folks to support the project
“I do not want to be classified as an opponent, but we have concerns,” Shaffer said, noting that her group has filed an appeal of the project’s final EIR.

And while the Sierra Club’s Arthur Feinstein thanked Chiu for proposing to reduce the size of the bridge, he pointed out that Chiu’s amendment wasn’t really a compromise.
“That’s because it’s still a bridge,” Feinstein said, as he explained how noisy the area surrounding the slough will become as traffic whizzes by.

Connie Ford of the Labor Council accused some project critics of being “disrespectful.”
Ford took particular issue with claims that the project will gentrify the area
“The neighborhood is changing,” she said. “Since 1990, African American families have been leaving the Bayview in huge numbers. I encourage you to see this project as a good plan.”

Gabe Metcalfe of SPUR expressed his unconditional support for the plan,
“This plan is being asked to fix a huge number of problems,” he said.
Noting that the bridge continues to be a sticking point, Metcalfe said he sees opposition to every transportation project these days.
“We seem to be in a moment when you can’t build anything without it being opposed.”

But other speakers from the Sierra Club reiterated their stance that there are better and viable options to the bridge, noting that it is too costly, and that the surrounding community and wildlife would be better off without it.”

All these competing viewpoints suggest that whatever decision the Board makes today, it will take some time and create plenty of uproar. So, here’s hoping the Board votes in a way that will truly benefit the D. 10 community, not career politicians, city officials and out-of-state developers. It’s about time.

Buyer beware of Candlestick-Shipyard project

0

Board President David Chiu has introduced five amendments to the city’s Candlestick Point-Hunters Point Shipyard redevelopment proposal. All five are a good start, but longtime observers question if they are too little, too late, in the face of intense lobbying by a city and a developer intent on getting project approvals before a new Board and possibly a new mayor occupy City Hall in January 2011.

Chiu’s amendments address key concerns with the city’s proposed redevelopment plan, and they come as the Board prepares for its July 13 hearing into three separate appeals of the project’s final EIR certification, as well as amendments to the Bayview Hunters Point and Shipyard redevelopment plans.

Two of Chiu’s amendments seek to address concerns about the clean-up of radiologically impacted waste at Parcel E-2 on the shipyard, and environmental impacts of a proposed bridge over Yosemite Slough.

Chiu’s other three amendments seek to finance the expansion of the Southeast Health Center, create a workforce development fund and analyze the feasibility of providing public power, including natural gas at the site.

But while all five amendments are welcome, some observers worry they do not fully address concerns about the project’s sustainability, financing and infrastructure.  But before we get to those concerns, let’s review Chiu’s five amendments in greater detail:

1. The Parcel E-2 amendment.
This amendment declares that the Board’s adoption of CEQA findings for the project “shall not in any way imply support of a cap for Parcel E-2.” 

As such, this amendment is a critical step towards insisting that the parcel get completely cleaned up, not just capped, as the Navy is currently proposing. On the other hand, it’s not a watertight demand to excavate and haul away all contamination from this parcel, which is the cleanup alternative that many in the community would prefer..

Instead, Chiu’s Parcel E-2 amendment declares that the U.S. EPA, California EPA and the Navy, “should pursue the highest practicable level of cleanup for Parcel E-2.”
And that the San Francisco Redevelopment Agency “should not accept the property unless and until that cleanup is satisfied.”

It also establishes that the Board shall conduct a hearing regarding final cleanup strategies for Parcel E-2 before a final remedy is selected, urges the U.S. EPA, California EPA and the Navy to participate in such a hearing, and further establishes that the Board shall conduct a separate hearing prior to any transfer of Parcel E-2 to Redevelopment.”

(There was some question as to why the Board was saying “should” in some parts of this amendment, and “shall” in others. The reason I heard was, you can’t force the Navy to do anything, but you can urge them, and you certainly can refuse to accept the property, if it is not cleaned up a city’s requirements.But this needs to be clarified.)

2. The Yosemite Slough Bridge amendment
Chiu notes that the city’s EIR for the project analyzed a non-49ers-stadium alternative that “includes an approximately 41 ft. wide bridge spanning the Yosemite Slough which is limited to bike, pedestrian and transit use.”
“However, in the event the San Francisco 49ers elect to build a new stadium on the shipyard site, the project will include a bridge spanning Yosemite Slough that is wider than 41 ft. across to accommodate game-day traffic,” Chiu’s amendment states.
(So, Chiu’s amendment doesn’t throw the bridge entirely out with the 49ers’ stadium, and that leaves environmental groups uneasy, afraid that the anticipated 25,000 new residents in the proposed development will subsequently push for legislation to allow for a wider, car-accessible bridge.)

3. The Southeast Health Center amendment
Chiu’s Southeast Health Center amendment demands that the developer contribute $250,000 to the Redevelopment Agency for a needs assessment study regarding the need to expand the center and the ongoing health needs of local residents, and, to the extent such expansion is needed, to help pay for predevelopment expenses associated with this expansion.
The capital costs for expanding the center would be funded through a combination of  tax increment dollars, a $2 million Wellness Contribution paid by the developer, and the City’s ability to finance savings that would accrue to the Department of Public Health by moving from leased space into owned space at the expanded center.

4. The Workforce Development Fund amendment
Chiu’s amendment would modify language in the current community benefits agreement to require the developer to contribute $8,925,000 to a workforce development fund to be used for programs “designed to create a gateway to career development, fiirst for residents of District 10 and secondly for “at-risk job applicants.”
(A member of the public suggested that veterans be specified as “at-risk job applicants,” an idea D. 10 Sup. Sophie Maxwell seemed to support during yesterday’s July 12 Land Use Committee hearing, which was where Chiu introduced his five proposed amendments.)

 5. The Public Power amendment 
Chiu’s public power amendment notes that the SFPUC confirmed the feasibility of providing electric service to the shipyard sire, but requires the agency to update this study and include the Candlestick site and include “an analysis of the feasibility of providing natural gas to the project site.”

But will these steps be enough to ensure that the development actually delivers on its promises of thousands of jobs, and hundreds of affordable housing units,? And is a bridge really necessary across Yosemite Slough, if the 49ers go to Santa Clara as planned?

Long-term observers of the project point to the first phase of the project, which began on the shipyard’s Parcel A, as a warning of where things might end up.

“We approved the fast-tracking of Parcel A based on a bevy of assurances and enthusiastic endorsements from the best and brightest this administration has to offer,” said a source who wishes to remain anonymous. “But what has happened since then, and what are we to learn from this experimental test case?”

This source noted that recent maps of the shipyard show that Parcel A, which the Navy conveyed to the city in 2004, has since been carved up into several new pieces.

“How did Parcel A get divided into two areas that don’t even border one another?” my source asked.

The answer appears to be that sections of the shipyard, including Parcel A,  have since been renamed as new and separate parcels, after it was discovered that shipyard sewers on those parcels contained radiologically contaminated material.

One of these sewer lines, as indicated on recent project maps, leads from a site now known as Parcel UC-3, into the Bayview. In other words, it appears to lead off the shipyard site and into the surrounding community. If so, this raises concerns that shipyard contamination is no longer limited to the shipyard in the Bayview, and could be impacting residents and businesses that are not covered by the Navy’s clean-up commitments.

Either way, it seems that the Board could use an update on what happened on Parcel A, since it was conveyed, what’s the deal with UC-3, and other recently renamed parcels, before they consider an early transfer of the rest of the shipyard.

“How can we start Phase 2 of the project, when we haven’t completed Phase 1?” my source asked.

And since the Navy is still tasked with cleaning up the rest of the shipyard parcels, it would be helpful if the Navy updated the Board on what the Navy is proposing in its Records of Decisions for each of these parcels, including UC-3, before the Board votes on Phase 2 of the project.

My source also noted that since the project plans to use 100 percent recycled water at the site, it would be helpful to have an update as to how issues with sewer contamination and groundwater concerns might impact the project’s sustainability plans.

“These issues touch on half of the documents that make up the EIR, but are now obsolete, because of the issue of radioactive contamination on UC-3,” my source claimed.

And then there’s the question of fproject financing and who the developer for the project actually is, these days.

“The city’s exclusive negotiating agreement (ENA) was with Lennar, so who is CP Development and why do we have an ENA with them?” my source asked.”What happened to Lennar? And why would we be obligated to negotiate solely with this CP Development group?”

Now, hopefully the Board has greatly reassuring answers to all these questions, so that the community can rest assured that the supervisors really do understand the ramifications of a project that they are being asked to approve in what appears to be an awful hurry.

Yes, there are plenty of project supporters who keep on urging “no delays.” I understand their concerns. They want jobs, housing, parks and other promised community benefits. And I don’t blame them.

But it’s up to the Board to ensure that it doesn’t get rushed into approving a project that perhaps doesn’t guarantee any or all of these things. So, let’s keep asking questions so the Board of Supervisors doesn’t end up with buyer’s remorse, but instead can truly claim to having secured a deal that really helps all the folks who currently live and work in the city’s southeast sector. Stay tuned.

 

 

T

 

 

D. 10 candidates DeWitt Lacy, Tony Kelly and progressive planners blast Lennar’s plan

8

Recently, I spent some time talking with D. 10 candidates DeWitt Lacy and Tony Kelly about Lennar’s redevelopment plan for the shipyard and Candlestick Point. I also attended a Progressive Planners forum that addressed the massive development proposal. Those conversations and the issues they raised seem timely in light of the city’s crazily tight schedule for trying to ram final approvals for the project past government agencies this summer. And in light of three appeals that have been filed against the city’s recently certified final environmental impact report for the plan, raising concerns that the city will get bogged down in expensive and time-consuming litigation if it doesn’t get the plan right, while it still can.

(Lest other D. 10 candidates complain that they weren’t interviewed, too, I’d like to clarify that I’ll be covering the race between now and November, and I look forward to hearing what they all think at the Board’s July 13 meeting to hear appeals of the city’s final environmental impact report (FEIR) for the project. )

Both Lacy and Kelly are critics of Lennar’s plan, but not in a knee-jerk obstructionist way. Instead, they bring considered and informed critiques to the table at a time when the community desperately needs good advice and a workable strategy, if residents are to get needed amendments and concessions, before the developer get the green light, or before the Board puts  a moratorium on the project until the city’s FEIR flaws are ironed out.

Lacy is a bright and earnest candidate who learned lessons from the school of life, while growing up in San Jose in a working class family. Lacy says his father worked in an Adidas warehouse until he was injured on the job, and his mother worked as a secretary in Atari’s corporate office, but was laid off after two years.

Lacy recalls how his parents opened their own janitorial business, in the hope of making a better life for their six children.  He says that it was while cleaning homes alongside his mother, that he began to recognize the need for working class improvement and growth.

 In 1995, Lacy moved to San Francisco, where he has worked in the District Attorney’s office and formed his own law practice—experience that could serve District 10 well, since it’s home to many working-class residents and will be ground zero in the battle for construction-related contracts and environmental and economic justice, if Lennar’s massive redevelopment plan goes ahead,

“I know how to craft legislation for social justice,” Lacy said.

Lacy observes how Michael Cohen, Gavin Newsom’s top economic advisor in the Mayor’s Office of Economic and Workforce Development, has repeatedly told folks that land transferred to Lennar will be subject to a “right of reverter.”
This means the Redevelopment Agency may re-take ownership of the land, if the developer fails to substantially complete the infrastructure in the time frame set forth in the city’s development and disposition agreement (the DDA)

But Lacy observes that this “nuclear option” isn’t likely to happen with so much riding on the Lennar deal, and he stresses that additional controls are needed, if the city is to ensure that the deal remains in the best interest of San Francisco, not just the developer.

Lacy’s probably right about that. (Remember how hard the community had to fight to just get an extra 15 days to read and comment on the project’s six volume draft EIR over the winter holidays?)

And how much political pressure was exerted to ram the city’s EIR for this project across the certification line on June 3, five days before Santa Clara voters decided to support a stadium for the 49ers near Great America.

“What’s needed is an impartial arbiter,” Lacy said. “The city needs regulatory controls and the capacity to fine Lennar if it breaks promises to build affordable housing, create jobs and hire locals. You’re not going to be able to hold their feet to the fire without that.”

“I’m not saying that we should be obstructionists, critics who are trying to prevent stuff for the sake of a political battle,” Lacy added. “But we need new blood. The benefit of my campaign is that I’m not downtown’s candidate. I’m a civil rights attorney, who can help the district by figuring out what battles we need to be fighting and which battles are winnable. And I want to make sure there are jobs and business opportunities for working-class folks in San Francisco. You shouldn’t have to be a doctor or lawyer to afford to live here.”

Lacy believes the Navy should remove the radiologically impacted landfill on the shipyard’s Parcel E2.
“That ground has to be taken out of there,” Lacy said. “I would hope the City Attorney’s Office would get involved and advocate for the people. But leadership is about taking a stance when no one else is.”

With the city suggesting that it can still win back the 49ers, Lacy said that he too, would love it if the 49ers decided to stay.
 
“But not at the cost of our health and safety,” Lacy said, referring to the city’s repeated claim that it needed to rush certification of the final EIR for Lennar’s project, if there was to be any hope of winning back the team.

“ I don’t think the solution is the rush,” Lacy said. “I say, let’s make sure we clean up the shipyard properly—and bring back the Warriors [a professional basketball team that relocated to San Francisco in 1962, until 1971, when it moved to Oakland].”

I also hung out with D. 10 candidate Tony Kelly, at an event that POWER hosted as part of a Progressive Planners Forum, the day after Lacy and I unsuccessfully tried to access the shipyard, and the same day that POWER was also blocked from the yard.

Kelly has been tracking issues in and around District 10 for years, and, much like Lacy,  he’s not afraid to speak his mind on the issues.

For instance, Kelly is incensed by the city’s attempt to ram through approval of the final EIR for Lennar’s development, when the Navy has yet to complete an environmental impact statement related to its proposed clean up activities at the shipyard..
“Is the EIS ever a trailer to the EIR?” Kelly asked. “It’s like planning on Mars.”

Kelly has also expressed concern over the developer’s plan to build two peaker plants in the community.

And he is worried about the consequences of the city’s plan to turn the entire Bayview into a project survey area for Lennar’s Candlestick/Shipyard plan.

“How do you pay for any other improvements in the Bayview, when the shipyard redevelopment plan sucks all the air out of the room?” Kelly said

But Kelly’s biggest concern right now is that once Lennar gets its final approvals this summer, “the developer will never talk directly to the community again.”

At the Progressive Planners Forum that Kelly attended, speakers also voiced measured criticisms of Lennar’s plan.

“The plan has some important elements, especially in the job areas, but I think it adds up to gentrification, which is disruptive to the surrounding community, families and the last bastion of the black community in San Francisco,” said Chester Hartman, who has authored over 18 books on race and urban planning, including the acclaimed City For Sale: The Transformation of San Francisco.

“There is a need for a response in terms of an alternative approach,” Hartman advised.
“It doesn’t have to be a detailed, but it should include a basic philosophy and goals, and retain good parts of the original plan.”

Peter Marcuse, Professor of Urban Planning at Colombia University, said the situation at the shipyard reminded him of the ongoing oil disaster in the Gulf.

“Cap the land sounds like cap the spill,” Marcuse said, noting that in both cases the community is fighting to get folks who dumped toxins to clean them up.

Marcuse criticized the privatization of the planning process, as illustrated by the City’s claim that it has entered into a “public-private” partnership with Lennar,  and the community’s experience that the city and the developer keep ignoring or dismissing the public’s feedback and opinions.

 “There should have been a range of alternatives open for discussion,” Marcuse said. “Instead, there is a sense, of this mega project’s inevitability. And once the developer has title to the land, the city has to negotiate what should be a public matter.”

Marcuse critiqued the use of tax increment financing, which will use increased taxes on property throughout the Bayview to finance improvements in one relatively small area, the 770 acres of land that, as Marcuse put it, “got sold to Lennar for $1.”

“This is a form of government subsidy,” Marcuse warned.

“There have been some negotiations,” Marcuse continued. He pointed to the community-led Prop. F, which in the spring of 2008 sought to establish 50 percent affordable housing in the development. And the community benefits agreement (CBA) that the San Francisco Labor Council hammered out at in May 2008, in an attempt to nail down benefits for the community in exchange for the Council’s support for the Lennar-financed Prop. G in June 2008.

“But these negotiations with Lennar start on basis that Lennar’s interests have to be protected equally with those of the City and its residents,” Marcuse commented. “It ought to be a public responsibility to show the community what the alternates to Lennar’s vision are.”

Marcuse concluded by suggesting a moratorium on Lennar’s plan to allow for a community-based visioning process, in which residents could express their desire for housing, diversity, open space and protection against environmental hazards

‘The City should then come up with an alternative to Lennar’s plan—and listen to Lennar,” he said. “But this is a public responsibility, rather than a private negotiation with a corporation that has been a beneficiary of a huge subsidy and starts to make a huge profit, the minute its housing units begin to sell.”

Miriam Chion, who works for the Association of Bay Area Governments (ABAG), also expressed concerns with Lennar’s massive plan, which proposes to build thousands of mostly luxury condos at Candlestick Point, with a smaller number on the shipyard.

“We are in the 21st century, how can we continue to use same mechanisms of displacement?” Chion said. “And how can we do that to the African American community, which we have displaced over and over, and which has managed to build a community here, in spite of everything?”

According to Lennar’s plan, 68 percent of its proposed 10,000 units will be built at market rate. Of the remaining 32 percent of units, only 15 percent will be built at truly affordable rates, with an additional 15 percent geared towards the working middle-class income levels, such as those enjoyed by police, fire fighters, nurses and teachers.

But two Bayview residents who attended POWER’s progressive planners’ forum expressed frustration at what they perceived as outsiders trying to tell locals what’s best.

“If you haven’t lived here, you don’t know about the Bayview,” one resident said. “If they are going to do what they are going to do, they should do it all the way, and change things for the better. I’m tired of seeing kids under 12, playing outside at 11 p.m. So, if you are not from here, you can’t come on my ground and pass judgment. If you’d been and lived here, I don’t think you’d see this negatively.”

“$700 million has been spent on cleaning up shipyard, and producing highly technical reports on it,”  another local resident said. “Highly intellectual discussions are not helping, we need some action today.”

“No one here is against development,” countered long-term Bayview resident Espanola Jackson, while a Bayview resident named Nyese resurrected longstanding concerns that the developer fatally broke community trust when it failed to control asbestos dust at the site, when it began grading the shipyard’s Parcel A .

“Four years ago, I found out that they were sending home workers at the shipyard, without informing the surrounding community,” Nyese recalled. “My son was having excessive nosebleeds, so it was phenomenally insulting that they didn’t not notify us.”
“Lennar is just a name, a conglomeration of shareholders,” Nyese further noted. “We need development. But we don’t need it on chemically toxic land.”

These competing concerns indicate that all the candidates in the D. 10 race are going to have to be asking critical questions as they track the progress of Lennar, the city and the Navy’s plans this summer. Failure to do so will cost them credibility within the community—and possibly the supervisor’s race this fall, though downtown money will pour in to support whichever candidate is deemed most likely to rubberstamp present and future development and contracting plans. Stay tuned. It’s going to be a (politically) hot July.

 

Political litmus test for Hunters Point Shipyard access?

4

Even though the U.S. Navy abandoned the Hunters Point Shipyard in 1974, the military has continued to control access to the shipyard that helped launch the A-Bomb. That’s because the Navy still owns most parcels of land on the shipyard and remains on the hook for cleaning up pollutants on these sites, including a radiologically impacted dump on Parcel E2, which has been deemed to be the dirtiest land on the site.

Currently, the Navy is proposing to cap, not excavate this landfill, despite repeated requests from the local community, and a citywide vote in support of Proposition P in 2000, which urged the Navy to clean up the land to the best extent possible, which would mean excavating the Parcel E2 landfill and replacing it with clean uncontaminated soil. And oddly, the City appears to want government agencies and officials to sign off on its final EIR for Lennar’s massive 770-acre redevelopment plan for the shipyard and Candlestick Point, even though the Navy has not yet completed an environmental impact statement (EIS) related to its proposed shipyard cleanup activities.

Currently, the Navy controls access to the facility beyond a couple of trailers that the city’s Redevelopment Agency has set up just within the yard’s main gate. And to gain access to the shipyard these days, you need to call or visit Redevelopment’s trailer and get a pass. Or, alternatively, if you know any of the artists who continue to rent studios at shipyard, you can call them to try and get the city to give you a pass.

Underlying these limits to accessing the shipyard are some legitimate safety concerns related to equipment and excavations on what is now an active clean up and construction site, along with fears that untoward characters could break into the abandoned buildings or bother the artists who still have studios in operation at the shipyard. But has an additional political litmus test been put in place when it comes to critics of Lennar’s redevelopment plan, who want to access to the yard? If so, does it mirror the tap dancing that the local community has had to undergo to get its voices heard as Lennar pushes to get final approval for its shipyard/ Candlestick Point redevelopment plan.

Those questions resurfaced last week when a private security guard manning the shipyard’s front gate denied access to D. 10 supervisor candidate DeWitt Lacy, who had dropped by hoping to take this reporter around the yard as part of an ongoing conversation about Parcel E2, which Lacy believes needs to be excavated completely, and how best to hold the Navy accountable for cleaning up a mess it created decades ago. The security guard told Lacy that folks who want to visit must get a pass at the Redevelopment Agency trailer.

At the Redevelopment trailer, Micah Fobbs, administrative assistant for W.B. Kennedy and Associates, which has a contract with Redevelopment’s Citizen’s Advisory Committee. told Lacy that without a preauthorized pass, he couldn’t let us onto the site. Fobbs added that he would be happy to take us on a tour himself, but he could not leave the trailer unmanned, since he was the only staff member there at the time. Fair enough. Though the rebuff gave us the feel that the City doesn’t want pesky investigative reporters that have been critical of the development running around the site. “And if they found out I was a civil rights attorney, they probably wouldn’t want me out here, either,” Lacy joked.

But the next day, I encountered what sounded like overt hostility to other critics of Lennar’s plan, when I tried to ride along on what had been billed as a “Toxic Tour of the Navy Shipyard” by POWER (People Organizing to Win Employment Rights). POWER had advertised its tour in an email which said it would involve 23 expert urban planners, who happened to be in the Bay Area for a Progressive Planning Forum. The tour was billed as happening on the morning of June 17, before an afternoon discussion at POWER’s Third Street office in the Bayview, which was to focus “on alternative approaches to the city’s current plan for development at the Shipyard/ Candlestick Point.”

Caught in traffic, I didn’t arrive at the Boys and Girls Club on Kiska Road in Bayview Hunters Point in time to join POWER’s kick-off get together. So, I headed direct to the shipyard, a move that meant I arrived alone and ahead of the school bus that POWER had rented for the occasion. At the gate, I was told by the security guard that I couldn’t get in, that another guard lost his job for letting unauthorized individuals onto the site, that POWER didn’t have a pass and that they’d been warned to watch for POWER “because they want to stop the development.”

“If you are not authorized with badges, you are not let through,” the guard said, giving me the telephone number of the Hunters Point Duty police officer, who in turn said I needed to call the San Francisco Redevelopment Agency, which in turn told me to call the folks at the Redevelopment Agency’s shipyard trailer. And so I called Fobbs again, who confirmed that the Navy still controls all the property, except Parcel A which has already been conveyed to the City which in turn has granted developer Lennar the right to develop thousands of condos on that particular parcel.

“As far as viewing the rest of the property, you have to put in a request, and no photography or videography is allowed,” Fobbs said. This stated ban on photography came as a surprise, given recent photos of the shipyard that ran in a New York Times article about Lennar and the city’s vision for the 770-acre property.

And the sudden difficulties in gaining media access seemed odd, given that Lennar’s PR firm, Sitrick and Company, offered to take the media on a tour on the morning of June 3—the day the Redevelopment and Planning Commissions subsequently approved the final EIR for Lennar’s plan to redevelop the rest of the shipyard, plus Candlestick Point, a FEIR that has now been appealed to the Board, on the grounds that it was rushed for political reasons, leading to fatal flaws in the final document.

“Well, if folks come here through Redevelopment or the Mayor’s Office, then they have been able to take photographs,” Fobbs said. “But we have had people trying to climb fences and get through doors of some of the buildings.” (Fobbs last comment was a reference to a recent climbing of the fence that the Nation of Islam’s Leon Muhammad engaged in, in an effort to determine if air quality monitoring devices near the Nation’s school and Oakdale public housing site were operating. (After Muhammad scaled the fence and reported that he’d found an empty bin where monitoring equipment was supposed to be, a kafuffle ensued, with the US EPA saying Muhammad was looking in the wrong place for the monitors which, it claimed, were in operation.)

Ultimately, Fobbs told me to call Redevelopment’s Audrey Kay if I wanted a tour, and several shipyard artists told me they would be happy to arrange a day pass so I can visit their studios and hear concerns that they will be required to move from a couple of shipyard buildings before replacement studios have been completed–an arrangement that would amount to a breach of promise that Lennar and the city previously made to the shipyard artists.

Shortly after I was turned away for a second time, POWER’s bus arrived at the gate, only to be blocked–a denial of access that meant 23 progressive planners were forced to view the shipyard from various remote viewing spots atop the hills that surround the site.

Together these episodes left me wondering what kind of political litmus test could end up being enforced at the site, if Lennar’s mega project gets the green light this summer, and what will happen if the Board decides to kick the plan back to the drawing board until the Navy completes a environmental impact statement and all of the community’s ongoing environmental and economic justice concerns are addressed.

So stay tuned, and don’t forget to mark July 13 on your calendar when the full Board of Supervisors is tentatively to hear appeals of the project’s final EIR, which the Planning and Redevelopment Commissions rubberstamped June 3. And, as always, it will be revealing to see which candidates in the hotly contested race for D. 10 supervisor, show up and speak truth to power.

 

 

Lennar’s litmus test

3

sarah@sfbg.com

None of the many stakeholders tracking the progress of Lennar Corp.’s massive Candlestick Point-Hunters Point Shipyard redevelopment plan registered surprise when the Board of Supervisors received three appeals to the Planning Commission’s June 3 certification of the project’s final environmental impact report (FEIR).

Instead, everybody who has been watching the political juggernaut that has been pushing for quick approval of the project over the past month said they anticipated that the FEIR would be appealed, and perhaps litigated. But the real question is whether the project will be substantially changed.

In the seven months since the project’s draft EIR was released, the Planning and Redevelopment Commissions have repeatedly rejected all arguments and recommendations made by its critics to improve or delay the plan, rushing the approval along on a tight schedule (“The Candlestick Farce,” 12/21/09).

The rush job occurred even as numerous groups and individuals warned that the DEIR comment period was too short, (“DEIR in the headlights,” 02/03/10) and complained that the city and the developer had dismissed crucial data and testimony while exploiting fears the San Francisco 49ers would leave town if the city didn’t act quickly (“Political juggernaut,” 06/02/10).

What’s less clear is whether the Board of Supervisors has the political will to heed these appeals and correct what opponents say are serious flaws in the city’s FEIR. The appeal that the Sierra Club, Golden Gate Audubon Society, California Native Plant Society, and San Francisco Tomorrow filed June 21 lists nine deficiencies.

These included the FEIR’s failure to look into an alternate Bus Rapid Transit (BRT) route around Yosemite Slough or adequately assess impacts resulting from the landfill cap on Parcel E2 and the transfer of 20 acres of public shoreline land in Candlestick Point State Recreation Area (CPSRA) to build high-end housing.

“The FEIR failed to analyze those elements of the project’s sustainability plan that could have significant environmental impacts, including two proposed heating and cooling plants (which appear to be power plants) to serve 10,500 housing units and a projectwide recycling collection system,” the coalition further charged.

The appeal also voiced concern that the FEIR failed to adequately assess impacts resulting from the construction and maintenance of the development’s underground utility matrix, impacts to the bird-nesting in the proposed 34-acre wetland restoration project at the state park, and delays to eight Muni lines.

But the Sierra Club-led coalition also indicated that by removing provisions for a bridge over Yosemite Slough, transfer of land in the state park, and compromised clean-up efforts at Parcel E2, resolution of many of these disputed issues could be expedited.

“If the Board of Supervisors acts promptly, revisions to the EIR may be made quickly and result in a minimal delay in the progress of the project,” the coalition stated.

The Sierra Club’s Arthur Feinstein told the Guardian that the coalition’s top three concerns are “very important, but the six other issues are also very real.”

“Here we have a city cutting 10 percent of its bus service while saying that eight bus routes will need to be improved because of the project, and admitting that the development will increase air pollution in a district that has the highest rates of asthma and cancer without identifying mitigations such as reducing parking spaces in the proposal,” Feinstein said.

POWER (People Organized to Win Employment Rights) also filed an FEIR appeal June 21 listing a broader range of environmental and economic justice-related concerns.

These included the FEIR’s failure to analyze and mitigate for displacement that would be triggered in the surrounding neighborhood by developing 10,500 mostly market-rate housing units in the area and “failure to provide for adequate oversight and enforcement of the terms of the early transfer” of the shipyard from the Navy.

POWER also cited the FEIR’s failure to adequately mitigate against the impact of sea level rise, the risks associated with potential liquefaction of contaminated landfill at the shipyard in the event of an earthquake, and health risks related to chemicals of concern at the shipyard. The group also faulted the city’s failure to get the Navy to prepare an environmental impact statement on its clean-up plan before the FEIR was completed.

Finally, Californians for Renewable Energy (CARE) filed a five-point appeal June 23 charging that the project contravened the intent of Proposition P (which voters approved in 2000, urging the Navy to remediate shipyard pollution to the maximum extent possible), that the project’s FEIR is incomplete because the Navy (which still retains jurisdiction over the project lands) has not yet completed its EIS, and that the FEIR approval process was tainted by 49ers-related political pressure.

“The pre-set goal of maintaining the 49ers in San Francisco has colored the environmental analysis of this decision,” CARE noted, referring to the city’s rush to get the project’s FEIR certified on June 3 — five days before Santa Clara County voters approved a new stadium for the 49ers near Great America .

The appeal filings mean the Board of Supervisors is required to hold a hearing within 30 days, a move that places a roadblock, at least temporarily, in the way of the city’s tight schedule to secure final approvals for Lennar’s megaproject before summer’s end.

Board President David Chiu told the Guardian that the Board’s Land Use Committee will move forward with a July 13 meeting to hear a list of proposed amendments related to the underlying plan along with the FEIR appeals.

“We are back at the board Land Use Committee July 12 with 10 items related to the project,” said Chiu, who is a member of the Land Use Committee. The three-member committee is chaired by Sup. Sophie Maxwell, who represents the project’s District 10; Sup. Eric Mar is vice-chair.

“The next day, July 13, has been tentatively set for a full meeting of the full board,” Chiu continued. He acknowledged that the FEIR related materials are dense and complex, telling us that “they form the largest pile on my desk, and it’s about five inches high.”

But he wasn’t about to prejudge the outcome. “We do need to clean up the area and rebuild it in such a way that it will dramatically increase affordable housing and jobs and support a livable diverse community,” Chiu said. “Obviously there are still a lot of questions and concerns about the proposed project and the board will push to make sure all these issues are adequately addressed.”

CARE president Michael Boyd said he hoped the board would take his group’s appeal seriously and fix the plan’s fundamental shortcomings. “That means going back to square one,” he said.

But others were less sure that the board would seek to overturn the entire plan. “Everyone in the community would like the best level of clean-up,” said Saul Bloom, whose nonprofit Arc Ecology has tracked the proposed shipyard clean-up for three decades. “But what’s possible and practical? And will the city be supportive of that or the most expeditious solution?”

Bloom reserved gravest concern for plans to cap, not remove, the contaminants from the shipyard’s Parcel E2. “The concern is that if you put a cap on E2 without a liner then contaminants could scootch out during a seismic event, or over time, and cause problems because of the parcel’s close proximity to surrounding groundwater and the San Francisco Bay,” he said. “But to place a liner in there is very expensive because you’d have to excavate E2, at which point you might as well replace it with clean soil.”

Bloom acknowledged that the Navy has argued that excavation would cause a nasty smell and nobody knows what is going to be released in the process.

“But long-term Bayview residents like Espanola Jackson have made the point that the community already lives within nose-shot of the southeast sewage treatment plant and would rather put up with a few years of nasty smells, given the relative benefits of cleaning the yard up,” he said. “And how do we know a cap will be protective given the Navy’s argument that we don’t know what’s down there?

“The thing that makes the most sense here is to clean up the shipyard to the best possible extent, but the city isn’t planning to do that,” Bloom added. “And the environmental community’s bottom line has always been the bridge [over Yosemite Slough, which the Sierra Club opposes]. So the sense is that if the bridge goes away, so does their problem.”

Complicating the simple

6

steve@sfbg.com

GREEN CITY San Francisco can legally give more street space to bicycles, even if it delays cars or Muni in some spots, a policy that enjoys universal support among elected officials here. So why have all the city’s proposed bike projects been held up by an unprecedented four-year court injunction, despite the judge’s clear affirmation of the city’s right to approve its current Bicycle Plan as written?

The answer involves a mind-numbing journey into the complex strictures of the California Environmental Quality Act and its related case law, which was the subject of a three-hour hearing before Superior Court Judge Peter Busch on June 22 that delved deeply into transportation engineering minutiae but did little to indicate when the city might be able to finally stripe the 45 bike lanes that have been studied, approved, funded, and are ready to go.

Anti-bike activist Rob Anderson and attorney Mary Miles have been on a long and lonely — but so far, quite successful — legal crusade to kill any proposed bike projects that remove parking spaces or cause traffic delays. They have argued that the city shouldn’t be allowed to hurt the majority of road users to help the minority who ride bikes, urging the city and court to remove those projects from the Bike Plan.

But Busch repeatedly said the court can’t do that. “That’s the policy question that’s not for the court to decide,” he told Miles in court, later adding: “I don’t get to decide that the Board of Supervisors’ policy is misguided.”

Yet city officials have offered detailed arguments that the policy of facilitating safe bicycling isn’t misguided, but instead is consistent with the transit-first policy in the city charter and with the goals of reducing greenhouse gas emissions, improving public health, and even alleviating overall traffic congestion by giving more people good alternatives to driving a car.

Busch hasn’t indicated that he has any issues with that rationale. Instead, the question is whether policymakers had enough information — in the proper manner spelled out by two generations’ worth of legal battles over land use decisions in California — to make their unanimous decisions to approve the Bike Plan in 2005 and again in 2009, after completing a court-ordered, four-volume, two-year, $2 million environmental impact report.

Miles argues that the EIR is legally inadequate in every way possible, employing such gross hyperbole in condemning it as a hollow document that does nothing to explain or justify any of its conclusions that Busch told her at one point, “That’s such an over-argument, it leaves me wondering about the rest of your argument.”

But he’s certainly considering the rest of her argument that more analysis was required, going into great detail on the questions of whether the city studied and spelled out enough alternatives and mitigation measures, how much of the voluminous traffic survey data should be in the plan, whether there was enough support for the thresholds of significant impacts, and what the remedy should be if he finds some minor errors in the methodology.

Yet even Busch said there wasn’t a clear regulatory road map for the city to follow on this project. “There probably has never been an EIR for a project like this,” he acknowledged. It was the city’s decision in 2004 to do a Bike Plan that mentioned specific projects without studying them that led to the injunction and this extraordinarily complex EIR, which did detailed analysis on more than 60 projects.

“Once you get that complexity, the toeholds are everywhere to fight it,” activist Mark Salomon, who has long criticized city officials and bicycle activists for their approach to the Bike Plan, told us.

But Kate Stacey, who heads the land use team in the City Attorney’s Office, says the city will be in a good position to quickly create lots of bike lanes once this plan passes legal muster.

“The city can now go through the specific bike projects without having another step of analysis,” she told us. “I think it’s a complete and elegant approach even if it was more time-consuming at the outset.” Busch asked both sides to submit proposed orders by July 6 and responses to those orders by July 13, with a ruling and possible lifting of the injunction expected later this summer.

Navy’s destruction of Buck’s Beach begins

0

The Navy has begun its promised destruction of Buck’s Beach, a sandy sheltered beach along the India Basin shoreline that’s technically part of Parcel B of the Hunters Point Shipyard. Navy excavators are currently removing all the sand, which will soon be replaced with rocks. 

Local residents who fought this plan are also upset by the installation of what they believe is an ugly anti-Kayak boom thrust out into the Bay, offshore of the beach. 

D. 10 Supervisor candidate Kristine Enea said she understands the installation is temporary, but wishes the Navy had informed the community of this detail before going ahead and implementing it.

“Apparently, it’s to hold curtains that will stop sediment from going out to the Bay,” Enea told us. “But this is another example of the kind of detail that may not seem important to someone sitting in an office in D.C, but is a big deal to folks who live here.”
 

Environmental groups appeal final EIR on Lennar’s Candlestick/Shipyard plan

0

The Sierra Club, the Golden Gate Audubon Society, the California Native Plant Society’ and San Francisco Tomorrow have filed an appeal with the Board of Supervisor’s and the city’s Planning Department over the Planning Commission’s June 3 certification of the city’s controversial final environment report (FEIR) for Lennar’s Candlestick Point/ Hunters Point Shipyard redevelopment project.

The move means that the FEIR, which otherwise would not have come before the Board for review, now heads to the Board for a hearing within 30 days of the group’s June 21 appeal filing. The move also means that the City, which laid out an aggressive schedule for seeking approvals from a myriad of government agencies and departments, cannot seek further approval actions on the project until the Board holds a hearing, which will likely occur on or before July 20.

The San Francisco Bay chapter of the Sierra Club, the Golden Gate Audubon Society, the California Native Plant Society’s Yerba Buena Chapter and San Francisco Tomorrow cited nine major deficiencies in their appeal , but noted that by removing plans to a) build a bridge over Yosemite Slough, b)erect luxury condos on state parkland and b) compromise clean-up efforts at Parcel E2, which is the most polluted land at the shipyard, resolution of many of these disputed issues could be expedited.

“If the Board of Supervisors acts promptly, revisions to the EIR may be made quickly and result in a minimal delay in the progress of the project,” the appeal warns. “Alternately, resolution of many of these disputed issues may be expedited by a decision to remove from the FEIR and Project Plan the provisions for the bridge over the Yosemite Slough, the transfer of land in Candlestick Point State Recreation Area, and compromised clean-up efforts at Parcel E2.”

In their appeal, the four groups noted that they each group and its members represent “a sizeable constituency that has been actively participating in the development of the EIR” for almost a decade and that has conducted or funded studies to inform the Draft EIR and has filed comments to the DEIR and other planning documents.

“Unfortunately, the data, comments and testimony provided by the Appellants and their members have been dismissed or outright ignored by the Planning Department and the developer in this process, resulting in fatal flaws in the FEIR and necessitating this appeal,” the four groups state.

‘Because many portions of the FEIR are inaccurate and incomplete, the Planning Commission erred in adopting several findings and certifying the FEIR,” the appeal concludes. ‘Therefore, we are appealing the FEIR because:
1.    The FEIR failed to adequately analyze an alternate Bus Rapid Transit (BRT) router around Yosemite Slough;
2.    The FEIR failed to adequately assess impacts resulting form the landfill cap on Parcel E2, which is a lower standard for the clean-up than required by San Francisco voters as expressed in Proposition P;
3.    The FEIR inaccurately and incompletely assessed the impacts from transferring approximately 20 acres of public shoreline land in Candlestick Point State Recreation Area to the developer for construction of high-end housing;
4.    The FEIR failed to analyze those elements of the project’s Sustainability Plan that could have significant environmental impacts, including two proposed heating and cooling plants (which appear to be power plants) to serve at least 10,500 units in the Project and a Project-wide recycling collection system;
5.    The FEIR failed to adequately consider impacts to the bird-nesting island component of the Candlestick Point State Recreation Area’s proposed 34-acre Wetland Restoration Project, which is already permitted and planned for construction this year;
6.    The FEIR failed to adequately address impacts to eight MUNI lines, which would significantly increase transit times, increase delays during peak hours, potentially dissuade ridership, and/or require increased service, busses, or drivers;
7.    The FEIR failed to adequately assess impacts resulting from the construction and maintenance of the Project’s underground utility matrix;
8.    The FEIR failed to adequately address the fact that the Project will result in increases in air pollution that will exceed existing air quality standards—indeed even though the FEIR admits exceedences of air quality levels will occur, those statements are underestimates because the FEIR failed to consider that the development in combination with other development plans will result in significant traffic congestion on Highway 101 and Interstate 280 and fore more traffic onto surface streets; and
9.    The FEIR included conclusions based on false, inaccurate and/or biased statements as “evidence,” including (but not limited to) that one cannot have an ‘undisturbed nature experience” in an urban area as a rationale for dismissing impacts that will inevitably result from construction of the bridge over Yosemite Slough and/or the reduction of public land in the Candlestick Point State Recreation Area.

In their appeal, Mike Lynes, Conservation Director Golden Gate Audubon Society, Linda J.Shaffer, Vice President, California Native Plant Society, Yerba Buena Chapter, Jennifer Clary of San Francisco Tomorrow, and Arthur Feinstein, Sierra Club, San Francisco Bay Chapter, promised that each of the abovementioned deficiencies will be further documented by additional submissions to the record prior to a hearing on this appeal by the Board. So, stay tuned.

Day after 49ers vote, EPA says shipyard dust monitoring OK

1

The day after the 49ers scored “a touchdown with Santa Clara voters“, the U.S. EPA announced it has finalized a report about asbestos dust control issues at the Hunters Point Shipyard.

Maybe the timing is all just a big coincindence. But the U.S. EPA was hopping mad earlier this year when Lennar claimed that “Obama’s EPA” had declared the shipyard dust conditions safe, after viewing a draft copy of the U.S. EPA report.

So, there’s one worldview that says the U.S. EPA delayed release of its final report, so it wouldn’t get mixed up in the city’s hearings on the final EIR for Lennar’s Candlestick/Shipyard development.

Either way, if the 49ers really do leave, that’s more land for Lennar to build houses on.

There’s also the worldview that says the 49ers used the Santa Clara vote to squeeze a better deal out of San Francisco.(And as Lenny Kravitz likes to sing, it ain’t over ’til it’s over.)

But with city officials admitting  that it doesn’t make financial sense to build a new stadium, it’s easy to arrive at the view  that the city used fears that the 49ers would leave to rush approval of the city’s final EIR for the Lennar project, a vast document that could have used more scrutiny and review time.

Anyways, amid  the competing conspiracy theories, it’s worth taking the time to read the report i its entirity. And if you don’t have the time for all that, here is the full text of the cover letter that the US EPA released today:

“Dear Bayview Hunters Point Community and Stakeholders:

EPA has finalized the report entitled, “U.S. EPA’s Final Review of Dust/Naturally Occurring Asbestos Control Measures and Air Monitoring at the Former Hunters Point Naval Shipyard (June 9, 2010).” 

“About the Report:

EPA conducted a technical review of dust mitigation plans and an independent laboratory analyses of data associated with the City and Air District’s efforts to control naturally-occurring asbestos and dust associated with construction activity on Parcel A at the former Hunters Point Naval Shipyard. EPA also evaluated metals and radiation data for both the Parcel A development work and Navy activities on the Shipyard. “

“EPA made independent technical advisory services available to community members to review the data and EPA’s draft report.  EPA held a public meeting for the community to hear comments from the technical expert.  The comments and EPA’s responses are attached to the final report. “

“Naturally-occurring asbestos in dust at construction sites is a widespread concern in California where serpentine soil is common.  EPA’s report finds that best practices for dust monitoring and mitigation are in place at Parcel A and the Hunters Point Shipyard to protect the community by keeping exposures to asbestos, metals and radiation in dust within
acceptable levels.”

Newsom and his commissioners just love Candlestick/Shipyard report

4

 Text by Sarah Phelan, photos by Luke Thomas

Today, I’m dedicating Michael Franti’s  “Say hey, (I love you)” to the entire Redevelopment Commission and the four Planning Commissioners who approved the City’s final Environmental Impact Report plan for Lennar’s Candlestick/ shipyard development. I’m doing so, not because I love these commissioners, who are  all mayoral appointees, but because they all seem to love everything about the final report, despite ongoing concerns about building a bridge over an environmentally sensitive slough, taking park land for luxury condos and unresolved questions about the Navy’s cleanup of the shipyard.(Yes, the EIR doesn’t address the toxic cleanup, but does it make sense to approve it before the Navy has completed its cleanup assessment plan?)

I’m also dedicating Franti’s bubbly soul-lifting song to Planning Commissioners Christina Olague. Kathrin Moore and Hisashi Sugaya for refusing to rubberstamp the final EIR or the related CEQA findings. Thanks guys for having some moral backbone!

Mayor Gavin Newsom, presumably tweeting while leaving town again on the Lt. Governor campaign trail, hailed yesterday’s rubberstamping process as a critical milestone.
“This is a major milestone for our efforts to transform the shipyard from an environmental blight to a showcase of jobs, affordable housing, parks and green-technology investment for the Bayview and our entire City,” Newsom said in a press release. “The approvals of the EIR and Redevelopment Plan reflect the years of hard work, rigorous study and extensive community involvement invested in revitalizing our City’s Southeastern Waterfront…our progress today is a testament to their leadership and commitment to thoroughly cleaning up the Shipyard so we can forge ahead towards a new vision for Hunters Point.”

One of the key points to emerge from last night’s hearing is the bifurcated nature of the process, which yesterday let the city push the EIR certification through, before the Navy completes a related EIS (environmental impact statement) about the cleanup on the shipyard—including areas of land where Lennar hopes to develop homes if the 49ers leave.

Fog City Journal’s Luke Thomas told me today that during public comment, the Nation of Islam’s Minister Christopher Muhammad called the commissioners “paid prostitutes” and “political whores” and said there would be a “political earthquake” if the commissioners go forward with EIR. 

“However, I don’t think he understood that the EIR and the EIS (which deals with the toxic cleanup) are two separate documents,” Thomas said, accurately noting that the joint commission was only voting on the EIR yesterday.

(According to Thomas, the Minister also promised that coalition of activists that would dog Newsom up and down the State during his campaign for Lt. Governor to expose Newsom’s record, so expect more fireworks along the campaign trial this summer.)

Another key fact to emerge from yesterday’s hearing was the lack of public comment on the part of almost all the candidates running to replace D. 10 Sup. Sophie Maxwell, whose district includes this massive development. Only Kristine Enea, Tony Kelly and Espanola Jackson spoke on the record—with Enea in favor of the plan with amendments, and Kelly and Jackson opposed as things currently stand.

Now, you’d think that everyone running in this race would be eager to show D. 10 constituents (and beyond) that they were at the meeting, not only silently tracking, but also publicly expressing their opinions. And while it’s true that Marlene Tran and DeWitt Lacy filled in speaker cards, Chris Jackson showed up during the proceedings, and Lynette Sweet got ushered into the press box by Sup. Bevan Dufty, none of these D. 10 candidates got their thoughts in the public record. Now, no doubt Cedric Akbar, Bill Barnes, Isaac Bowers, James Calloway, Malia Cohen, Ed Donaldson, Marie Franklin, Rodney Hampton Jr., La Vaughan Moore, Geoffrea Morris, Steve Moss, Jacqueline Norman, Nina Pickerrell, Dwayne Robinson, Diane Wesley Smith, Eric Smith, (and the many others rumored to be running) had their reasons for not being there, and I’d be happy to hear all about it from all of them between now and the November election.

But it doesn’t instill confidence in candidates when they won’t say in public what they are only too willing to say off the record. So, kudos to Enea, Kelly and Jackson for taking that leap and refusing to act like politicians before they have even been elected.

“So much of it was shocking but not surprising,” Tony Kelly told me today, after he recovered from last night’s meeting which lasted until 2 a.m. ‘Everyone knew there would be a snappy 4-3 decision by the Planning Commission on the stuff that mattered. And in a way, I can see why the mayoral appointees on the Commission would decide that they would leave it to the elected officials on the Board to stop this plan. But there was zero excuse for the lameness of the Redevelopment Commission [who are all mayoral appointees]. Still, it showed what the Planning Commission [which today consists of four mayoral appointees, and three Board appointees] must have been like  before it was reformed [and still consisted solely of mayoral appointees].”

“It was heartbreaking to see the endless parade of Bayview Hunters Point residents saying, ‘I need a job,’ or ‘ I need to live in a new house,’ as they argued in favor of certifying the project’s final EIR, despite all the flaws,” Kelly acknowledged.

Still, as Kelly points out, the city could have pushed to acquire foreclosed housing in D. 10 so residents in substandard public housing could be relocated into decent units now, instead of having to stay at least another five years, or longer, in rat, cockroach and sewage inundated units, under Lennar’s plan.

Kelly also notes that the city could have used the Redevelopment Agency’s “massive power” to do stuff up and down Third St, where unemployment is especially visible.

“Having done planning elsewhere, this plan [for Candlestick and the shipyard] is like planning on Mars,” Kelly said. ‘This is a bigger badder version of 555 Washington.”

Last but not least, Kelly voiced concern that a couple of peaker plants will be built within Lennar’s project area.
.“There are going to be two combustion turbines generating steam heat, but not electricity within the project boundaries,” Kelly clarified. “That means they don’t have to register as a power plant, but they will be generating greenhouse gases. The only difference is they won’t be generating electricity.”

So, now the charade of approvals heads to the Port Commission, which has got some folks asking whether Port Commissioner Stephanie Shakofsky, another Newsom appointee should recuse herself , given that her non-profit is clearly such a fan of the project.

 

 

Should Antonini recuse himself from Lennar vote?

1

As a Newsom appointee, Planning Commissioner Michael Antonini is expected to be a key vote today in favor of Lennar’s massive redevelopment plan at Candlestick Point-Hunters Point Shipyard.

And then there’s the fact that he wrote an op-ed for the San Francisco Business Times in December 18, 2009, suggesting that business, civic, labor and government leaders can keep the 49ers in town by “joining forces to assist in needed repairs and improvements to Candlestick Park and to expedite development of the Candlestick Point Hunters Point Shipyard, a project that features a “state-of-the art,” 69,000-seat football stadium.”
(The full text of Antonini’s op-ed is included at the end of this post to put his words into full context.)

But Antonini’s cheerleading has got some folks questioning his impartiality when it comes to the decisions that members of the Planning and Redevelopment Commissions will make today around certifying the project’s Final Environmental Impact Report (FEIR) and adopting related environmental findings.

In a June 2 letter to Planning Commission president Ron Miguel, Arthur Feinstein of the Sierra Club, Mike Lynes of the Golden Gate Audubon Society, Jennifer Clary of San Francisco Tomorrow and Jaron Browne of POWER (People Organized to Win Employment Rights) claim that “Commissioner Antonini has clearly prejudged the proposed project and become a strong advocate for locating a football stadium for the 49ers at the Hunters Point site as part of this project.”

“He has publicly urged others to support that stadium and cannot impartially review the record before him to determine whether the EIR is adequate, accurate and objective and whether adequate measures are required to protect the environment,” the foursome continue.

 Noting that he could have chosen to sign the December 2009 op-ed as a Member of the Republican County Central Committee, Feinstein, Lynes, Clary and Browne observe that Antonini “ instead identified himself in the capacity where the law requires him to act impartially – as a Planning Commissioner.”

With others arguing that Antonini’s right to express his opinion is protected by the First Amendment, and Antonini planning to read a rebuttal into the record at 1 p.m. today, it sounds like there’ll be plenty of drama at today’s hearing.

Antonini’s Op Ed in San Francisco Business Times

Friday, December 18, 2009
Business leaders can save the Niners
San Francisco Business Times – by Michael J. Antonini

“The 49ers are deeply and historically identified with San Francisco. San Franciscans Vic and Tony Morabito founded the team in 1946, many years before the Giants moved from New York and the Warriors from Philadelphia.

Hence business, civic, labor and government leaders are joining forces to assist in needed repairs and improvements to Candlestick Park and to expedite development of the Candlestick Point Hunters Point Shipyard, a project that features a “state-of-the art,” 69,000-seat football stadium. Leaders from the Committee on Jobs, the San Francisco Chamber of Commerce, Recreation and Park and others are asking businesses and individuals to help with funding of improvements at Candlestick in return for advertising. These improvements could translate into increased revenue for the contributor, the city and the team. Replacement of aging seats and a highly visible new luxury section are two concepts being studied.

Naming rights to Candlestick Park is an attractive opportunity for a company or an entity to gain nationwide exposure and local acclaim — and, perhaps, position itself to be a key contributor when a new stadium is built at Hunters Point. No new stadium can be built anywhere without significant private investment, in addition to $100 million assured from Lennar Corp. as a precondition of development rights and the amount which the 49ers ownership would invest.

On Thursday, Dec. 17, the San Francisco Planning Commission was to hear comment on the Draft Environmental Impact Report for the Candlestick Point Hunters Point Shipyard Plan. Because this plan features many diverse uses, particularly huge amounts of housing, funding is being rapidly obtained for greatly improved transit and traffic access.

San Francisco must avoid the errors of the past, when we failed to build an arena for indoor sporting, major conventions and entertainment events. Such a facility could have brought huge amounts of revenue to San Francisco businesses.

Leaders have twice stepped up to save the San Francisco Giants. One would expect no less from our leaders when dealing with our home grown, five- time Super Bowl champion San Francisco 49ers!

Michael J. Antonini is a planning commissioner for the City and County of San Francisco.”

 

Political juggernaut

3

sarah@sfbg.com

City officials are scrambling to secure final approvals to allow Lennar Corp. to move forward with its 770-acre Candlestick/Hunters Point Shipyard redevelopment of San Francisco’s impoverished and polluted southeast sector. But the community remains divided on the project, raising concerns that wary residents will end up being steamrolled by this politically powerful juggernaut.

Some groups say the project needs major amendments, but fear it will be rushed to the finish for political reasons. Others say they are hungry to work and desperate to move into better housing units, so they don’t want all the myriad project details to slow that progress. And Mayor Gavin Newsom’s administration is arguing that approving the project’s final environmental impact report by June 3 is crucial if San Francisco wants to keep the San Francisco 49ers in town.

But many observers fear Lennar wants its entitlements now before its project can be subjected to greater scrutiny that could come with the November elections. Newsom, who made Lennar’s project the centerpiece of his housing policy, will be replaced as mayor if he wins the lieutenant governor’s race. And a crowded field of candidates, many of them progressives concerned about the project’s impacts on the poor and the environment, are vying to replace termed-out Sup. Sophie Maxwell, whose district includes Lennar’s massive territory.

“It’s 180 percent about the 49ers,” land use attorney Sue Hestor told the Guardian, referring to the city’s proposed rush job, as evidenced by a rapid entitlement schedule that the Newsom’s administration wants city commissions and the board to follow.

Under that schedule, which Hestor procured from the Mayor’s Office, Planning and Redevelopment commissioners are expected to certify the project’s final 6,000-page EIR, adopt California Environmental Quality Act findings, approve amendments to the project’s original disposition and development agreement, and authorize land trust and open space reconfigurations — all during a June 3 meeting where public comment will likely last for many hours.

Saul Bloom, executive director of Arc Ecology, a community-based nonprofit that tracks the development, says this schedule stretches the credulity that this is a deliberative process. “There’s no way anyone could make a functional reasoned assessment,” Bloom told us. “How do you have any meaningful public conversation under those circumstances?”

Michael Cohen, Newsom’s chief economic advisor, asserted in an April 29 article in The New York Times that Lennar’s plan is a “really, really good project,” echoing the glowing praise he’s heaped on the project since its conception.

“But there’s nothing new in their proposal,” Bloom told us. “That’s because they haven’t been listening to the public’s concerns. [Cohen] says, ‘Haven’t we talked enough? The community’s been waiting all these years!’ But waiting to get what done?”

Lennar’s project — which had early backing from Newsom, U.S. Sen. Dianne Feinstein, and other political power brokers — was sold as creating “jobs, housing, and parks” and “revitalizing the abandoned shipyard” when voters approved the Lennar-financed Proposition G in 2008.

“Proposition G is from the community and for the community,” Lennar’s campaign promised. “You can turn the abandoned Hunters Point Shipyard into a clean, healthy, sustainable, livable neighborhood — a place where people can raise their children.”

The shipyard once employed thousands of workers, including African Americans who were recruited from the South in the 1940s and ’50s. But the district’s economic engine fell into disrepair when the military left in 1974. Today the neighboring Hunters Point and Bayview neighborhoods have the highest unemployment and crime rates and the largest concentration of African American families in the city.

But the city’s final EIR for the project, which the Planning Department released mid-May, shows that 68 percent of the developer’s proposed 10,500 new housing units will be sold at market rates unaffordable to area residents, and that many of these units will be built on state park land at Candlestick Point.

Lennar is also proposing to build a bridge across the environmentally sensitive Yosemite Slough, significantly changing the southeast waterfront. Lennar says it plans to develop the project’s remaining 3,000 units at below market prices, including one-for-one replacement of rundown Alice Griffith public housing units. Its proposal includes a dozen high-rise towers, 2.7 million square feet of commercial space, 1 million square feet of retail space, a performing arts theater, and an artists colony.

Lennar claims its proposal will create 1,500 construction jobs annually during the project’s 20-year build-out, along with 10,000 permanent jobs, thanks to a United Nations Global Compact Sustainability Center and a vaguely defined green technology office park.

The project and its impacts are already an issue in this year’s District 10 supervisor’s race (see “The battle for the forgotten district,” Feb. 23). Candidate Chris Jackson says Lennar’s proposal is weak when it comes to creating well-paying, low-skilled green collar jobs. He supports Arc’s proposal to including green maritime industrial use at the shipyard.

Arc recommends that the city’s final EIR allow recycling and repairing of ships, including the Suisun Bay Ghost fleet — decommissioned U.S. Navy, cruise, and ferry ships — arguing that “ship recycling and repair are resurgent strategic industrial activities yielding employment opportunities for our existing pool of skilled and unskilled workers.”

Jackson, who was elected to the Community College Board in 2008 and recently jumped into the District 10 race, wants the city to assert that the project is not a regional housing plan.

“It’s a local housing plan for local residents,” Jackson asserts. “It’s not here to provide housing for Silicon Valley. It’s for Bayview-Hunters Point and District 10 residents.”

Jackson understands why some local residents want no delays on final EIR approval: “I can never blame folks in Alice Griffith public housing for coming out and saying ‘no delays.’ They really want something real, housing that is not rat and cockroach infested.”

As a policy analyst (a position he’s quitting to focus on the District 10 race) for the San Francisco Labor Council — which gave key backing to the project in the 2008 election — Jackson knows labor is frustrated by all the project meetings. “I try to tell them it’s better to get this project right than rush it through and find out later that it goes against the interests of labor,” Jackson said.

In May 2008, the Labor Council signed a community benefits agreement (CBA) with Lennar. Since then labor leaders have urged no delays on the project’s draft EIR review. But Jackson believes the city must demand that financial consequences, such as liquidated damages, be a project approval condition if the developer reneges on the CBA.

“Right now the only push-back the city has is to threaten to kill the whole project if Lennar doesn’t meet its timeline,” Jackson said. “But people are really invested in this project, and I don’t believe anyone would pull the trigger and end the entire development. We don’t need to throw everything out; we just need to change them.”

Jackson wants to see the inclusion of a special-use district that would create a cooperative land trust to ensure affordability and home ownership opportunities for local residents. “I love open space and sustainability, but I also want affordable housing and real light-industrial opportunities that can employ people living in the district now.”

Special-use districts, Jackson argues, give city commissioners a way to amend this project to make it more acceptable.

Jackson wants to see strong tenant protections for public housing residents. “The vast majority of those residents are African American. At the end of the day, I want to see economic and environmental justice, so we can say we brought the right change to our community.”

Jackson also would like to see a more independent Mayor’s Office. “Don’t you feel like its 2002/2003, and that if you speak out against the project, it’s like you are speaking out against the Iraq war, and all of a sudden you are not patriotic?”

Fellow District 10 candidate Eric Smith concurred. “The powers that be are definitely moving this thing forward,” he said. “And this is a monster train, a juggernaut that is gathering steam. But how it shakes out down the road remains to be seen. My whole mantra is that there needs to be greater transparency down the line. If I become the sheriff, I’ll be shining a light on all this stuff.”

Smith warned that the community needs to work together or it won’t win a better deal. “It’s clear that folks in the city are hoping against all odds that Lennar can pull this stuff off so they can prove all the naysayers wrong and these community benefits can be realized, and that scrutiny of the projects can go on while all this happens,” he said.

But Arthur Feinstein, the Sierra Club’s political chair, worries that the city’s rush job is resulting in seriously flawed documents and decision-making. “It’s difficult for folks to digest 6,000 pages of comments and responses on the draft EIR in the three weeks since planning posted them online,” Feinstein said. “And nothing has changed despite all the comments, which is why it continues to be a nonsense process.”

Feinstein says the Sierra Club’s top concerns are the Parcel E-2 cleanup on the shipyard, a deal to transfer 23 acres at Candlestick Park for development, and the bridge over Yosemite Slough.

“You can cover most of the site,” he said. “But when it comes to Parcel E-2, where the dump burned for six months in 2002, that’s only 20 acres, it could and should be removed. This is the environmental justice issue that has the community up in arms.”

Feinstein worries about the precedent that selling a state park for condos sets. “This is our park, and they are shrinking it.” He is also concerned that the developer wants to bridge Yosemite Slough for cars.

How many of these concerns will be addressed at the June 3 hearing, which is just days before Santa Clara County voters decide whether to try to lure away the 49ers with a new publicly financed stadium? We’ll see.

Media experiments

1

news@sfbg.com

With traditional journalism outlets still struggling through the Great Recession and into an uncertain future, some interesting new media experiments have been popping in San Francisco, including much-anticipated The Bay Citizen, an initially well-funded newsroom that launches this week.

It will join a media landscape filled with a wide range of new ventures: general news websites ranging from the nonprofit SF Public Press to the theoretically for-profit SF Appeal; niche sites such as the popular SF Streetsblog; the Spot.us media funding experiment; and the MediaBugs accountability project. And it isn’t all online — McSweeney’s magazine put out the one-time San Francisco Panorama newspaper in December and SF Public Press plans to print a similar demonstration newspaper next month.

But for all the high hopes and talk of using strategic partnerships and new funding models to overcome economic and readership trends that have hobbled the San Francisco Chronicle and other big media companies, those who run The Bay Citizen and other start-ups still need to prove their worth and sustainability.

Whatever The Bay Citizen becomes, it will break new ground — nobody has ever put this level of money into creating a nonprofit, online-only daily newspaper in a major market, or had such significant media partners, ranging from UC Berkeley’s Graduate School of Journalism to The New York Times, which will run the newsroom’s content as its twice-weekly Bay Area section.

Some people think this is the future of journalism; San Francisco-based financier Warren Hellman, who provided the seed money, thinks it’s worth $5 million or more to get the project off the ground. But since there’s no model out there, the crew at The Bay Citizen will be making it up as they go along. And at this point, even with what most Web publications would consider a huge amount of money, it’s clear that The Bay Citizen will not be replacing the Chronicle any time soon.

Jon Weber, the publication’s editor, knows the world of mainstream daily journalism (he was a writer for the Los Angeles Times); the world of high-paced big-money startups (he ran the Industry Standard); and the world of low-budget fledgling operations (he founded the small online magazine New West). And the first thing he had to figure was exactly what this new online daily was going to look like.

With a staff of just six news writers — and a regional focus — The Bay Citizen can’t try to cover breaking news the way the Chronicle, Examiner, or even Bay City News Service do. So the publication will be different from a traditional daily, with more enterprise reporting and less of the types of features dailies typically offer.

There will, for example, be no daily sportswriter. “There won’t be stories on every game, every day,” Weber told me. “We’ll pick our spots with enterprise reporting.” The Bay Citizen won’t try to compete with the Chronicle on national or international stories, either: “It’s a Bay Area focused site,” Weber said. “That doesn’t mean we won’t cover national stories when they impact the Bay Area. But that’s not part of our beats.”

The reporters will cover land use and environmental issues; health and science; education and social issues; business and finance; crime; and government and politics. The politics reporter won’t be able to cover San Francisco City Hall every day, either — he or she (that’s the one slot still open) will have to stay on top of local and statewide issues.

But what could make the Bay Citizen truly unusual is the extent to which Weber plans to partner with existing local bloggers and nontraditional news outlets. “We hope we can be a supporter of the local media ecosystem,” he said.

That could eventually set The Bay Citizen apart — and provide a new model for daily journalism. The publication has pending agreements with a dozen local Web sites and bloggers, some of them well-established and funded, and some more homegrown efforts. It’s also working with New American Media, which for many years has represented and encouraged ethnic news outlets.

Yet this isn’t exactly a new idea. SF Gate, the Chronicle’s Web site, has been running content from local blogs, including SF Streetsblog, for more than a year. But it doesn’t pay for that content and so far there have been few discernible benefits for either side of the equation.

“That’s been an experiment for us, but I’m not sure we see much of a return,” Streetsblog SF Editor Bryan Goebel told us. “The question is how you make these partnerships sustainable.”

That’s a question he’ll continue to explore with his newest partner, The Bay Citizen, which is promising to pay bloggers $25 for each post they run and to partner with them on larger projects. Although he’s still waiting to see a contract from Weber, Goebel said, “The model Bay Citizen is using could potentially work.”

Goebel needs something that will work. After 16 months in business, he said SF Streetsblog has 14,000 weekly readers and a loyal following among those interested in transportation and urbanism, but it’s funding (primarily from two rich individuals) has dried up to the point where he’s worried about the site’s future.

“I was hired to be the editor, but now the onus is on me to also keep it going,” Goebel said. “If the community likes this valuable resource … then the community needs to step up and support it.”

The Bay Citizen is also relying on that community-supported paradigm, using a four-part plan to pay the bills. At first The Bay Citizen will be heavily dependent on big donations. But Weber wants to see the operation transition to a more independent program that will rely on public broadcasting-style memberships (small donations), sponsorships (read: ad sales), and the sale of original content (syndication).

There’s already been some grumbling in the local blogosphere about Bay Citizen, from noting the outsized salary of the project’s president and CEO Lisa Frazier (a media consultant who led the search and then took the job at a reported $400,000 per year) to concerns about this big venture exploiting small local partners.

Frazier answered the salary question by noting that she has been working on the project for 14 months and emphasizing her business development experience. “This is a difficult problem we’re taking on and we need to put together a sustainable business model,” she told us. “It’s about results and our fundraising response has been fantastic.”

Another eyebrow-raiser is the background of The Bay Citizen’s Chief Technology Officer Brian Kelley, founder of the Web site ReputationDefender, which promises to remove negative items from the Internet searches of its paying clients — an antithetical mission for news organizations that expose the misdeeds of powerful figures.

Kelley downplayed his former company’s role in countering good journalism, telling us, “I do intend to take that knowledge here to promote our online content.”

Weber said the new venture won’t use its considerable initial resources to try to steal the show, and they’re bringing something truly valuable to the local media scene: a paid staff of journalists to counter the steep declines in local news-gathering.

“Listen,” Weber told us, “I was there for five years. I was running a little start-up with no resources. The last thing I want to do is hurt the smaller outfits. We think we can work together in ways that benefit everyone.”

SF Public Press has pursued a model like Bay Citizen’s for two years. But without millions of dollars in seed money, it’s still hobbling along as basically a volunteer newsroom despite getting around $35,000 from San Francisco Foundation, another Hellman-funded enterprise. “It’s an uncertain model. It’s a leap of faith for the writers to get involved with this,” said project manager Michael Stoll.

Yet Public Press is still moving forward with a newspaper (due out June 15) featuring content culled from a wide variety of local partners ranging from the Commonwealth Club and World Affairs Council to local public radio stations, local blogs, and The Bay Citizen. “We’re calling it both a pilot and a prototype,” Stoll said. “We want to get people’s reactions.”

Weber says he’s also eager to see how people react to The Bay Citizen when it launches May 26, because it will need to quickly establish itself. At the rate The Bay Citizen is spending, Hellman’s money won’t last more than a couple of years, and the financier told us he may be willing to put in a bit more, but he’s going to want to see a plan for financial stability that doesn’t involve him underwriting operations forever. It’s an experiment, but one most observers say is worth trying.

“We need to keep experimenting,” Goebel said, “because not every experiment is going to work.”

What happens when Lennar doesn’t have a say

1

Today the Planning Commission holds a hearing about Lennar’s massive development plan for Candlestick and Hunters Point Shipyard, a plan the Guardian has been critically tracking for years, but the Mayor’s Office and a non-profit called the Center for Creative Land Recycling have been busily promoting (check out the above video clip). But one thing they won’t be talking about is the Alternatives For Study that Arc Ecology proposed, Bionic developed and Urban Strategies reviewed two years ago, in an effort to improve the developer’s otherwise Foster City-like vision for the heart of District 10 in the city’s southeast sector.

And that’s ironic, because the AFS proposal just received an honor award.(Scroll to bottom of AFS proposal link to see award.)

Saul Bloom, Arc Ecology’s excutive director, explains why Bionic got the award, and who was involved in the AFS proposal.
“Bionic is our landscape architectural and planning consultant,” Bloom said. “We do the conceptual planning and they do the detail, design and associated planning work. So in AFS, I worked with Bionic to develop the land use plans and analysis. I conceptualized where they would put various features of the plan, they either agreed, offered alternatives, or argued why I didn’t know what I was talking about. It was then my decision as to what went forward to the draft document.Once the draft document was produced Eve Bach [recently deceased], Ruth Gravanis, Arthur Feinstein, Junious and Anne from Urban Strategies and a number of other folks reviewed the materials and edited text. Bionic then finalized the design, I gave final approval and the document was published.  As such it really was a team planning effort.However because Bionic is the landscape architecture firm – they get the fame.  Because of Arc’s karma we get the infamy.”

So, is it fair to say that none of the AFS proposal are in the plan that will be the subject of today’s hearing, which promises to focus on the below-market rate housing plan, the community benefits plan, workforce development and local hiring policies?

 “Not entirely,” Bloom quipped. “They have been integrated into the study in order to reject them.”

Did Lennar hire an armed security guard from Andrews International?

11

I didn’t attend the April 12 hearing of the Board’s city operations and neighborhood services committee about Lennar’s decision to send an armed ex-SFPD officer to a Feb. 18 community meeting at the Nation of Islam’s mosque on Third Street.

But video footage shows that it was a packed house, during which plenty of folks stated loud and clear that they thought it was a really bad and potentially dangerous idea to send an armed ex-officer into a community meeting in the Bayview.



“What next? Concealed weapons at City Hall?” a member of the public asked.

At meeting’s end, Sups. John Avalos, Carmen Chu, Sean Elsbernd voted to refer a resolution urging Lennar Corporation to issue a formal, written apology to members of the Stop Lennar Action Movement (SLAM.) to the full Board without recommendation, after Elsbernd voiced concern that the ex-officer may have been threatened and had racial epithets hurled his way.

“If the gentleman was threatened, if racial language was used, in that case it should not be one- sided,” Elsbernd said. “There should be apologies on the other side as well.”

Meanwhile, it’s worth shining light on another question: Who was the ex-officer actually working for?

During the meeting, much was made of the fact that the ex-officer, who told police his name was Bob Tarantino though apparently that is not his real name, gave as his work contact an address in Miami, Florida, where PR agency Sitrick and Company, has an office.

(Lennar once sent a Sitrick employee to talk to me and my editors at the Guardian, after we published the first in a series of reports that showed that the company failed to adequately enforce promised asbestos dust mitigation plans at its Shipyard site.)

But Sitrick managing director Glenn Bunting, who oversees the company’s San Francisco, Silicon Valley and Miami offices, told the Guardian that the ex-officer in question has never worked for or been an employee of Sitrick.

“We know who is on our pay roll and we don’t provide security services,” Bunting said.

He confirmed that Sitrick recently opened an office in Miami and sublets space from another firm in the same building. “We have a very small presence in Miami,” Bunting said.

So, who could Tarantino work for who  also has the same address in Miami, Florida, where Lennar Corporation is headquartered?

The building in question looks pretty big, lies across the street from the court house and is home to Andrews International, which is headquartered in Los Angeles, and bills itself as “a full service provider of security and risk mitigation services” and the “largest private, American-owned full-service security provider in the United States.”

In October 2009, Andrews International acquired Verasys LLC, a Miami-based consulting firm focused on global risk mitigation, investigations and security services.

“The acquisition added new offices in Miami, Tampa, Dallas, Atlanta and Bogotá, expanding service capabilities in all 50 states and Latin America” an Andrews International press release states.“ This followed the June 2009 acquisition of the U.S. and Mexico guarding operations of Garda World Security Corporation (TSX: GW), encompassing 14 offices across the U.S. and abroad. Most recently in January 2010, Andrews International acquired A&S Security, a California-based full service security company, expanding operations in its Western U.S. Region.”

So, it’s possible Bob Tarantino, or whatever his name is, works for these folks?
Lennar Urban’s Kofi Bonner has not replied to this question, as of this blog posting. But in a March 15 letter to Board President David Chiu and D. 10 supervisor Sophie Maxwell, Bonner said he was “working with our vendors to prevent such an episode from happening again.”


Bonner’s letter wasn’t entirely apologetic.

“Lennar has become increasingly concerned that some community meetings have devolved into hostility accompanied by intimidation of our supporters,” Bonner stated. “For that reason, I decided against sending any employees or consultants to the meeting in question.”

“I am truly disturbed by the ensuing physical and verbal abuse directed at the security firm employee,” Bonner continued. “Not surprisingly, he is independently considering his legal options.”

The battle for the forgotten district

24

sarah@sfbg.com

This November, when voters in District 10 — the largest, sunniest, and most diverse of the city’s 11 supervisorial districts — replace termed out Sup. Sophie Maxwell, they’ll be making a selection that could have pivotal implications for the entire city.

That’s because the next supervisor from southeast San Francisco inherits a district that is home to some of the city’s biggest environmental and public health challenges, as well as the most potential for development that will determine what kind of city San Francisco becomes.

District 10 is where you’ll find the most polluted and most underdeveloped lands in San Francisco, areas that could either be transformed into models of a sustainability or, in the words of Tony Kelly, the president of Potrero Boosters Neighborhood Association, “be turned into a toxic Foster City.”

District 10 is where the slaughterhouses, tanneries, and glue factories set up shop and used the bay as a dumping ground. It’s where the smokestacks of coal and oil fired power plants polluted the air. It’s where the Navy filled the Bay, built a shipyard at Hunters Point and loaded parts of the first atomic bomb onto the USS Indianapolis in 1945.

District 10 is where the bottom fell out of this industrial economy in 1974, when the Navy left, taking with it people’s jobs, pay, and hopes for a home of their own and a better future, particularly for what was then a predominantly African American population.

And District 10 is ground zero for plans that will triple the population and double the number of homes — homes that likely will only be “affordable” to Google executives and retirees from Marin, forever changing the face of San Francisco’s southeast sector. Critics fear that will accelerate what has been a steady exodus of black residents, replaced by megadeveloper Lennar’s vision for a new D10.

It’s against this dark history and difficult present that a wide open field of more than a dozen candidates are vying to replace Maxwell, who came to power in 2000 and has had a mixed voting record in her decade on the board. Sometimes, Maxwell was the eighth vote that let the progressive majority on the Board override Mayor Gavin Newsom’s veto and pass trailblazing legislation. Other times, she was the swing vote that allowed the moderate minority to carry Newsom’s water.

So, in addition to D10’s many internal challenges, this seat could determine the political balance of power on the Board of Supervisors, placing all the more importance on voters in this long-marginalized part of town.

 

DISTRICT OF DISCONTENT

Eric Smith, a biodiesel activist who has thrown his hat in the D10 ring, says that there is a lot of frustration in the air, and looking at the problems the district is facing, it’s hardly surprising that it has what nearly every candidate agrees is a fractured political culture.

“The Bayview, the Hunters Point Shipyard’s toxic Superfund site, the homicide rate, unemployment, poor public transportation, dwindling services and community resources have made D10 one of the city’s largest melting pots of discontent,” Smith said.

Smith’s words were spoken while the Elections Department was verifying signatures earlier this month on a second failed effort to qualify a petition to recall Maxwell.

Bayview resident and D10 candidate Marie Franklin didn’t support the attempt to recall Maxwell, but she understood it as “a frustration movement.”

“People are sinking in the sand, we’ve already lost so many of them, and they felt Sophie wasn’t doing anything for them,” said Franklin, who praised Maxwell for helping get Franklin’s apartment building complex renovated — a job that was completed 18 months ago, at a cost of $65 million, creating 500 local jobs.

“There are 654 units here, and they were uninhabitable,” Franklin said. “There was black mold, rain falling inside. We had people living worse than Haiti.”

Franklin, who said she is running because she “knows the history,” came here in 1978, when she and her son were living in a car after a fire left them homeless. She said the Bayview was a totally isolated area, barely part of mainstream San Francisco.

“There were no taxis, no services,” she recalled. “Nobody would come here, it was the stigmatized area where no one was accountable to provide services.”

The Bayview — which in some ways is the heart of D-!0 — wasn’t always a black community. But African Americans have been living here for 70 years, dealing with all the racism, denial of services, poverty, and pollution. And it bothers Franklin that 85 percent of the 10,500 homes that Lennar plans to develop won’t be affordable to the elderly, disabled, unemployed and low-income people who currently live in the Bayview.

“We need to preserve the diversity of the community and make sure their issues and information will flow to City Hall,” she said. “You must give the people a handle. If you don’t reach out, they’ll slip. That’s why folks out migrated.

Whoever succeeds Maxwell will be a central player in addressing some very big and dirty issues: the future of the Navy’s radiologically impacted shipyard at Hunters Point, Lennar’s massive redevelopment plan for the Shipyard and Candlestick Point, the polluting power plants, replacement of stinky digesters at the sewage plant, and the SF Hope public lousing rebuild.

There’s also the chance to address violence and crime. James Calloway, a candidate who has long worked in Bay Area schools, told us he believes that education and jobs are part of the keys to rejuvenating the district.

“Job opportunities are not as plentiful in the district,” Calloway said. “When I was a kid, you could walk down Third Street at 2 a.m. Now I wouldn’t walk down it at 9 p.m., and I know the area.”

Calloway is hopeful that the massive redevelopment plan, if done correctly, could start the district’s comeback. “Not a lot of black folks stay here when they have extensive education,” he said. “But it’s not only them. Many were displaced by redevelopment and had no way to go back.”

 

ELECTION UP FOR GRABS

The largest of the city’s 11 electoral districts, D10 is a huge triangular piece of land in the city’s southeast sector that was used as an industrial dumping zone for decades. Today, the district runs from the Giants stadium at AT&T Park to the 49ers stadium at Candlestick Point and encompasses Mission Bay, Potrero Hill, Dogpatch, India Basin, Portola, Little Hollywood, and Visitacion Valley. It’s also crossed by two freeways that isolate it from the rest of the city, and is home to a large number of crumbling housing projects that are in the process of being rebuilt.

Candidate Ed Donaldson grew up in the projects until he was 10 years old, when the Redevelopment Agency kicked his family out in the 1970s. “We landed on our feet, but others weren’t so lucky,” said Donaldson, who works as a housing counseling director at the San Francisco Housing Development Corporation.

“There is a sense that the Bayview and Visitacion Valley have not been included within the San Francisco family,” Donaldson said. “There is a sense of being forgotten.”

In 2007, Donaldson co-founded the Osiris Coalition to tackle the city’s dormant Certificate of Preference program, in which the Redevelopment Agency issued a document to displaced residents and businesses in the 1960s promising that they could return.

He also tried to rescue some 700 foreclosed properties and recycle them as affordable housing stock. And now he is trying to prevent the city from bulldozing seven SF Hope projects without guaranteeing residents that they have right to remain.

In 2007, Mayor Gavin Newsom and Maxwell convened an African American Outmigration Task Force that didn’t get a public hearing about its findings until August 2008. The timing angered some, who questioned why the report’s findings and implications for urban planning weren’t released before June 2008, when the residents of San Francisco voted for the Lennar-led Proposition G, a proposal to build 10,000 market rate homes at one of San Francisco’s last remaining black communities, which Newsom and Maxwell endorsed.

The taskforce didn’t publish its recommendations until the end of 2009, allegedly because of insider squabbling. Meanwhile, gentrification was going on actively, and many blamed Newsom, and by extension Maxwell, for failing to do anything with the group’s findings as D10 residents continued to suffer from high rates of asthma, cancer, unemployment and an ongoing black exodus.

It wasn’t always this way. In the 1940s, the district’s black population exploded when migrants from the south and World War II veterans came to work at the Hunters Point Naval Shipyard. Some moved to Alice Griffith Public Housing complex, or Double Rock, which was built as military housing in 1962. Others relocated to the Bayview when the Redevelopment Agency took over the Fillmore/Western Addition in the ’60s and ’70s as part of a controversial urban renewal effort.

But when the Navy abandoned the shipyard in 1974, unemployment hit the black community hard. Today, hundreds of the city’s lowest income residents live in Alice Griffith’s crumbling units and endure sewage backups, no heat, cloudy drinking water and leaking ceilings, as they wait for the projects to be rebuilt.

“Generations have been trapped in the silo of public housing and cannot get out, because of lack of opportunity and education, so when we legislate, we need to take that into consideration,” said candidate Malia Cohen, whose grandfather came from Texas to work at the shipyard where he met her grandmother, whose family came from New Orleans.

“My grandfather’s father was a longshoreman. He worked with the infamous Leroy King [a commissioner at the city’s Redevelopment Agency] and he has fantastically vivid stories of racism,” said Cohen, who works for the Federal Reserve Bank of San Francisco, previously served on the executive staff of Mayor Gavin Newsom, and has already raised over $18,000 in the D10 race and qualified for public matching funds.

“My family came here to work hard, they lived on Navy road in the projects, and then they bought a house here. My parents were born here, and we were all public schooled,” Cohen recalled as she took me on a tour of D10 that ended up in Visitacion Valley, an increasingly Chinese-American neighborhood that reflects a district-wide trend.

Census data show that by 2000, Asians were the largest racial group in the district (30 percent), followed by blacks (29 percent), whites (26 percent), and Latinos (19 percent). By 2003, according to the California Urban Issues project, the trend continued. Asians were the largest racial group (32 percent), followed by blacks (27 percent), whites (21 percent) and Latinos (17 percent) of the population.

This means that D10 candidates will have to garner support from more than one ethnic group to win. Over a dozen candidates have already filed papers in the race, but so far there is no clear front-runner.

Also frustrating the prognosticators is that fact that D10 has had the lowest voter turnout in the city, so the winner will also depend on who goes to the polls.

D10 candidate Geoffrea Morris, who is the grand daughter of longtime Bayview activist Charlie Walker, has been knocking on doors and participating in voter registration drives.

“We need new blood,” Morris said

Getting elected will be a complicated equation. Although Bayview’s population was 50 percent African American at the time of the 2000 census, it didn’t turn out the vote. In the 2006 election, only 14,000 of the district’s 37,000 registered voters went to the ballot, and 50 percent were from whiter, richer, and more Asian neighborhoods.

“It’s very important to the future of the city that the ethnicity diversity of the board be maintained and that the African American community have representation,” former Board President and current Democratic Party chair Aaron Peskin told the Guardian.

Maxwell recently told the Guardian that she’s not ready to endorse any D10 candidates yet. “I’m waiting for people to have a better understanding of what this community is, what the common thread running through it is, and how to use rank choice voting,” she told us.

The only candidate who currently holds elected office is BART director Lynette Sweet, who had her answers down pat when we reached her by phone, and even used wording that was eerily similar to Maxwell’s words.

“D10 is a pretty diverse district, but there is only one common thread: the need for economic development,” Sweet told me. “That’s true in Potrero Hill, Portola, Dog Patch and the Bayview. It’s the same mantra: a lot of small businesses need help, and the only way to help them is through economic development. In Potrero Hill it’s about land use. In the Bayview, it’s about the shipyard and better transportation and truancies.”

 

THE COMMON THREAD

District 10 is ground zero for the Lennar’s $2.2 billion plan to develop 10,500 market rate condos at the Shipyard and Candlestick Point. The plan will allegedly create thousands of jobs and new parks, deliver on an historic community benefits agreement that labor groups claim is so “lawyered up” that the developer can’t renege on its promises.

The package is framed as the one and only way to revitalize the southeast’s formerly vibrant economic engine. Indeed, any time anyone tries to slow down the process—to take time to thoroughly read the draft EIR and see if it adequately addresses the impacts of this massive urban reengineering project — a chorus of “no delays” starts up, either from residents of the housing projects desperate to see their homes rebuilt, or the labor contractors who hope to get jobs.

“It’s as if the city is playing checkers, while Lennar is playing three-dimensional chess,” Eric Smith observed.

Lennar has stated that it will contribute $711 million to finance this massive project. The remainder will be leveraged by Mello-Roos bonds, state taxes based on the use and size of a property and intended to raise money for needed services, and tax increment financing, which creates funding for projects by borrowing against future property tax revenues.

The conceptual plan won Maxwell’s backing but environmental groups are critical of the draft EIR.

During DEIR hearing, environmentalists questioned the wisdom and the cost of filling the Bay to build a bridge over Yosemite Slough, and building condos on Candlestick Point state recreation area, the only open major open space in the district.

But the city’s Planning Department also has 20,000-30,000 units of housing in its pipeline. This means that if all these plans get approved in the next decade, they’d account for 80 percent of residential development citywide. And D10’s population could triple, further skewing the district’s already shifting demographics.

In other words, D10 as we know it could become nothing more than a historic relic in a few years, and the next supervisor will play a key role in deciding whether that happens. SFHDC’s Ed Donaldson warns that any supervisor who does not understand the complexity of the city’s largest district can expect a similar recall backlash in future.

“There is no one homogenous voice in the community,” Donaldson said. “The grass-roots organizing that brought about the recall effort was a result of a changing political structure in the area, but is not yet on par with other districts in town. We still allow our politics to be controlled from downtown.”

Fellow candidate Eric Smith warns that the issues—and politics—are complex.

“People were emotional, angry, and desperate because they feel no one listens to them,” Smith said. “That’s part of the problem here; they would rather have a supervisor go down swinging for them, rather than watch one seemingly side with Lennar, PG&E and the mayor on issues contrary to their interests. That’s the terrible irony and one of the biggest problems in District 10. Folks are so mad, they’re willing to do whatever it takes to make them feel they have a voice in the outcome, even if it’s potentially worse.”

Smith cited the sequence of events that culminated last year in the Navy dissolving the community-based shipyard Restoration Advisory Board (RAB), which for years has reviewed technical documents and commented on the Navy’s clean-up proposals. But in December, the Navy made its official decision to disband the RAB, citing dysfunctional behavior and off-topic discussions that got in the way.

“Some of the same folks who were frustrated by the process, tried to send a signal to the Navy that they weren’t being heard and for all their well-intentioned efforts got the RAB dissolved,” Smith said. “I truly feel for them, it’s absolutely heartbreaking, but at times, they can be their own worst enemy.”

One of the looming issues about the shipyard is that the land has been polluted and needs to be cleaned. The shipyard contains radioactive debris from ships towed to the shipyard, after a 90-foot wave washed over them during an atomic test gone awry. The Navy burned 610,000 gallons of radioactively contaminated ship fuel at the shipyard, and workers showered on the shipyard, raising concerns that radioactive materials got into the drains and sewers. And questions have been raised about radiological tests on animals at the yard.

 

LEAKS AND FLOODS

It’s not just the shipyard that’s toxic. Even the buildings that were constructed to house workers 50 years ago are a serious mess.

Realtor Diane Wesley Smith, who grew up in public housing projects, took me on a walking tour of Alice Griffith last week to see conditions that tenants will likely have to endure until at least 2014, if the city sticks to its plan to relocate people into a new replacement unit in the same geographical area, if not the exact same site.

What we found was pretty messed up.

“The water sometimes comes out brown and feels like sand. It’s been like that for a year,” one resident said.

“The water is cloudy, the bath tub isn’t working and the sink keeps stopping up,” said another.

A woman named Silvia showed us how the water from the tap in her elderly mother’s kitchen flows out cloudy and then doesn’t settle properly, like foamy beer.

“The roof’s been leaking for years, the sewage backs up, but they just fixed the lights,” Silvia said. A neighbor named Linda was using her oven as a heater.

“The toilet backs up a lot, and my grandson’s been coughing a lot from asthma,” Linda said.

“Roaches is always a problem,” said a woman named Stormi, dressed in black sweats and a black T-shirt that read, “Can’t knock the hustle.”

“They’re trying,” said Stormi, a member of the Alice Griffith Residents Association, as a couple of Housing Authority trucks pulled up to do repairs.

“They promise that you will not have to leave your unit, but if they try to move us down to the waterfront, well, there’s a reason there’s no housing there, and it’s because the land will flood,” Stormi said.

“If we don’t end up at the table, we’ll end up on the menu,” Wesley Smith warned, as she stopped to chat with a group of young men, who were worried they would pushed out of the Alice Griffith rebuild through the criteria being established.

“Fred Blackwell, the executive director of the Redevelopment Agency, assures me that’s not the case, but Alice Griffith is a Housing Authority property, and empty promises have the potential to be great promises provided they are made in writing,” Wesley Smith said as we walked out of the projects and onto the road where a yellow and black sign announced “flooded” next to Candlestick Point park, where Lennar wants to build.

Malia Cohen expressed concern about Hope SF residents, as we drove through the Sunnydale housing project.

“We have to be diligent and mindful that people are not pushed out,” Cohen said, noting the sweeping views at Gleneagles golf course above Sunnydale, and the value of housing for a golf course community. “When public housing gets taken offline, we must work with Redevelopment and the Housing Authority to make sure no one is changing the rules halfway. We have to make sure the talks and walks line up. We need to be equal partners. We cannot be bulldozed by City Hall.”

Geoffrea Morris is a Calworks employee, at the Southeast Community College facility on Oakdale, which was built to mitigate the city’s expansion of the sewage plant in 1987. She cited concerns about the literacy levels of people who live in the 2200 public housing units that cluster D10. “A lot of people in Alice Griffith don’t even know the dates or when it’s going to be reconstructed,” Morris said. “Folks like to be told stuff like that, but the city gives you a stack of papers. Some will read them, but others rely on folks they think are trustworthy. They need stuff in layman’s terms written on one sheet of paper.”

Morris is a fan of the Internet who posted a community survey online, and made sure every housing project got some literature telling people to get informed. She worries about the digital divide in D10:

“A lot of folks don’t have computers and access to important information,” Morris said. “And let’s talk about the way ‘affordable’ is used to trick people.”

Michael Cohen, Newsom’s top economic adviser, recently stated in a memo that over the expected 15-20 year phased build out, Lennar’s Candlestick-Shipyard development would include, “up to 10,500 residential units, about 32 percent of which (3,345) will be offered at below market rates.”

“But 892 units of this ‘affordable category’ will be sold to folks earning $100,000,” Morris said. “So if you subtract 892 units from affordable unit category, you’re back to 25 percent affordable.”

Candidate Kristine Enea, an attorney and a former RAB member, chairs the India Basin Neighborhood Association, which administers a US EPA grant to hire experts to translate the Navy’s cleanup documents into plain English and comment on them She was frustrated by the Navy’s decision to dissolve the RAB.

“The lack of a forum does nothing to bolster the community’s trust in the cleanup or the redevelopment process,” Enea said.

Enea generally supports the Lennar project, but has concerns about whether it will adequately mitigate increased car traffic, or result in commercial development that benefits her neighborhood.

“India basin is a pocket of Hunters Point right along the shoreline,” Enea said. “Right now, we have no shops or restaurants, no ATM, no groceries, nothing beyond one liquor store and a few industrial businesses.

Potrero Boosters president Tony Kelly told us that District 10 residents can think for themselves. “D10 residents don’t need to rely on corporations to solve their problems,” he said.

“Folks in the eastern neighborhoods came up with a better revitalization plan than what the city proposed and community activists managed to close the power plant, after the city said it was impossible,” Kelly recalled.

And there’s no shortage of good ideas.

Kelly suggested that an urban agriculture center could immediately put low-skilled folks to work by erecting greenhouses on unused land. Smith said the industrial zone could be “incredible eco-park made from sustainable sources.

‘D 10 is the dumping ground for everything, including all the city’s waste,” he said. “We could be a shining example, not just for D 10, but the rest of the state.”

The D 10 candidate line up includes Calloway, Cohen, Donaldson, Smith, Enea: civil rights attorney Dewitt Lacy, Morris, Potrero View publisher Steve Moss; District 7 BART director Lynette Sweet, Wesley-Smith. Bill Barnes, who works for Sup. Michela Alioto-Pier, and Linda Richardson, who was appointed to the Human Rights Commission in 2007 by Mayor Newsom, have also expressed interest in the race.

In such a huge field, name identification will play a major role. Sweet is in office, but BART Board is not a high-profile job and won’t give her a huge advantage.

Cohen has a slight edge right now in that she’s raised $18,505, including $500 from former Newsom flak Peter Ragone, making her the first D. 10 candidate to qualify for campaign financing. The oldest of five girls, Cohen recalls how her mother got laid off from her city job as a school-based mental health worker and then rehired, as part of the city’s budget cuts.

“We felt that pinch and the frustrating games that are played out between the leadership and the rank and file,” she said.

Cohen who worked for Newsom in his first term as mayor, but has since left his administration , said she is uncomfortable at being framed as Newsom’s candidate.

“Because I’m not, but I am one of the few candidates who has seen how the mayor and the Board work—and don’t work—together,” she said.

Moss sees the city’s southeast as a “district in transition.” Over coffee at Farley’s in Potrero Hill, he told me that the southeastern neighborhoods could be “launching pads for environmentally sustainable growth.”

“The district’s been in a frozen period for 30 years, But despite the problems, people are deeply committed to and in love with their community.

“This district is the future of San Francisco and its social fabric—the diversity, income –and its problems are leftovers from the city’s industrial age.”

 

 


 

DISTRICT 10, BY THE NUMBERS

Total Acres: 5,650

Average household income: $85,000

Population: 73,000

Registered voters: 37,700

Average housing price: $335,000

Ethnicity (2003 figures): Asian 32%, African American, 27%, white 21%, Hispanic 17%

Development status of land: 18% residential, 38% is commercial, 38% undevelopable

All figures the latest available. Sources: SFGIS, Association of Bay Area Governments, U.S. Census, California Urban Issues Project. Ethnicity and income data is from 2003 and almost certainly has changed.

An open letter to the Transit Workers Union

18

 

By Gabriel Metcalf

OPINION Last week, the Transit Workers Union refused to accept a deal with San Francisco that would have modestly reduced major service cuts and eliminated another increase in discount fares at least for this year. The proposal would have involved two things: first, a one-time contribution by drivers to their own pension plans (worth $8.9 million for next year, almost precisely cancelled by the automatic raise of $8 million the drivers will receive next year); and second, a change in work rules that would have required drivers to actually work 40 hours in a week before earning overtime, which would have saved $3.8 million over the next 14 months.

Muni is facing a deficit of at least $17 million in the current fiscal year and around $55 million next year. Future years will be worse. Given these pressures, the TWU is getting ready to re-vote. I presume that, eventually, union members will accept the deal. But either way, given how utterly marginal this deal is for the riders, progressives need to begin a public conversation about what responsibility the union has for making Muni work better.

The problem is not that TWU salaries are too high. The problem is the work rules. These include: drivers not having to let their managers know how long they will be absent from work, making it impossible to set schedules; drivers earning overtime pay before actually working 40 hours a week; and perhaps most significantly, a set of rules that makes it virtually impossible to hire part time drivers. Currently, Muni is forced by the work rules to pay drivers at full hourly rates to sit around between the morning and afternoon peaks. That rule costs MTA about $11 million each year.

If the TWU is willing to give on just the overtime and part-time driver rules, MTA would save $12.4 million in next year’s budget — and this savings would grow in the future. Other work rule changes could save much, much more, while dramatically increasing service to riders.

Probably the underlying cause of Muni’s work rules is the fact that the TWU, unlike other bargaining units in the city, has its salary and benefits set by formula in the City Charter — which means that management has nothing to offer during labor negotiations. Friends of mine in the labor movement argue that TWU is just doing its job in trying to get a good deal for members. I would argue that TWU needs to do more than that, and needs to begin taking responsibility for building a transit system that works well and can grow over time.

Maybe this public sector union needs to take a page from the Swedish labor movement.

Early into the post World War II economic boom, the Swedish unions learned that, since they controlled the government and increasingly controlled the boards of directors of the corporations they had organized, they were essentially always going to get their major demands met. This forced a big shift in their culture, causing them to have to take responsibility not just for cutting a good deal for their members, but for ensuring the profitability of the companies. Labor could easily “win too much” and drive the companies out of business, thereby returning its members to unemployment. Once labor controlled the businesses, it had to come up with a proactive agenda for how to run them successfully.

Closer to home, we’ve seen the teachers union accept cuts and changes to their equivalent of work rules in order to prevent teacher layoffs. And we’ve seen the Service Employees International Union at the national level put immense resources into passing health care reform — something that will benefit all Americans, not just SEIU members.

Something similar needs to happen now at Muni.

Muni workers deserve a good wage. It’s a hard job under the best of circumstances. And as Muni tries to keep service on the streets without enough money for equipment and maintenance, workers on the front lines will bear the brunt of the bigger problems. But a lot of people resent the things the union has chosen to ask for in addition to a good wage.

Muni’s troubles are multifaceted. They involve bad management, bad street design, bad land use planning, and certainly insufficient funding. But work rules are undeniably part of the issue as well. It cannot be progressive for the TWU, in the middle of the worst financial crisis to hit our country since the Great Depression, to cling to the same work rules it has had in the past. Muni needs TWU to help it be successful.

Gabriel Metcalf is executive director of the San Francisco Planning and Urban Research Association (SPUR).

Rambling Jerry Brown speech raises fear among Dems

22

If Jerry Brown’s keynote speech last night to a gala environmentalist dinner is any indication, the Democratic Party faces an uphill battle to win this year’s governor’s race. The rambling, alternately vague and academic, and often pointless address did little to inspire or excite a large, sympathetic crowd that was loaded with top Democrats. In fact, some party luminaries were openly aghast at the poor performance, with one making this succinct (if off-the-record) assessment: “We’re fucked.”

Brown has never been a dynamic speaker, but the unscripted, half-hour speech – given at the Sierra Club San Francisco Bay Chapter’s David Brower Dinner in San Francisco, a $250 per head affair that drew top Bay Area Democrats – illustrates the danger of letting a primary be decided by legend and money rather than political persuasion.

Brown’s fundraising prowess and strong poll numbers chased Gavin Newsom and other potential rivals out of the Democratic Party gubernatorial primary, even though Brown hasn’t really outlined his political vision for California, given many extended speeches since being discussed as a candidate for governor, or even officially declared his candidacy (he and others have until March 12 to do so).

“This thing is really daunting,” Brown said of the governor’s race toward the end of the speech, seemingly unsure that he was ready to run, but saying he would make an announcement sometime in the next couple weeks.

Brown started his speech by telling the crowd that he didn’t know what he was going to talk about, so when he arrived (late) for the speech, he asked San Francisco Democratic Party chair Aaron Peskin what he should say, and Peskin told him to talk about how there were more salmon in the streams and better overall environmental health back when Brown was governor in the ‘70s.

But rather than taking that advice and giving a forceful call to strengthen environmental regulation or conjure up California’s better days, Brown meandered around and mused on that and other topics, feeding fears that the 71-year-old candidate might come off as a nostalgic, slightly senile former-Governor Moonbeam rather than an effective agent of needed change.

“During that period when I was governor, I’m not going to call it the golden age because some people think I’m in the golden age, so I don’t want to get people confused. That’s why I don’t want to talk about way back then, because there are a number of people I can see weren’t even born then, so it gets a little embarrassing and I like to pretend it was just yesterday. But in that period, California created almost twice as many jobs as the nation did. We created jobs at about 24 percent over eight years and the nation grew jobs at 13 percent, so almost twice as much. And then Deukmejian did pretty good, he had about the same, maybe half a percent more,” Brown rambled, ticking off statistics, hedging his point by noting how little governors can really do to create jobs, before working up to a decent line that was flatly delivered: “It was a time when the environment got its biggest boost, as far as public policy.”

Nobody applauded, so he continued. “I was thinking tonight, I was trying to figure out that if I did announce, what the hell would I say? And so I decided to go back and read my first announcement, January 24, 1974. I was 35 then, it was another time, I’m now a little older than that. But I talked about clean air, I talked about the energy crisis and getting new sources of energy. I talked about statewide land use planning” – that last item drawing some applause – “and I talked about jobs. And I was thinking, wow, we still got a jobs problem, we got an energy problem, we have a land use problem that feeds into the energy problem, and while the air is cleaner in many respects, it’s not clean enough, or it isn’t healthy enough.”

On substance, Brown had his moments. But even on the need for better statewide land use planning, he went off on a tangent, saying he didn’t even know what that meant when he filled out a Sierra Club questionnaire back in the ‘70s, and he’s not sure how to accomplish it now. 

“You have to make it easier to live closer to where you work,” Brown said in what of his few lines of the night that drew applause, although he didn’t begin to explain how he might achieve this goal. And on a controversial subject that is easily attacked by the right – big government wants more control over private property – Brown’s lackadaisical discussion of the issue was disconcerting.

He even rankled a few Sierra Club members by vaguely criticizing East Bay growth controls designed to reduce sprawl, which the Attorney General’s Office is seeking to overturn: “Pleasanton wants to create 50,000 jobs, but they have a housing cap – for all I know, Sierra Club probably supported that housing cap, so I want to just rub your nose in the housing cap for just a minute – the trouble with the housing cap is they want to create all these jobs.”

Brown tried to argue that allowing more housing in Pleasanton is a strategy for combating global warming because there are jobs there and it would reduce commutes, but he’s going to need to be more on his game than he is right now to win that argument. Instead, we get his fairly dismissive summary of this important issue: “Land use is a big deal, it’s difficult, lots to do on that.”

Against businesswoman Meg Whitman, the Republican gubernatorial primary frontrunner, there is real potential in Brown’s basic belief that markets need to be regulated and that running the government isn’t just like running a business. And somehow, Brown will need to find a way to better distill and deliver that message to counter the right’s pro-business sound bites. 

“There are people saying business knows best,” Brown said, meandering off about companies and widgets for a minute before continuing his point. “But when you look at what we really have to deal with, it’s not just about economics and the market. It’s also about ecology and morality, and morality is about customs, it’s about traditions, it’s about our deepest patterns of how we all relate to one another and that can’t just be assimilated into market incentives. The market assumes honesty, you meet your promises, and also assumes there’s a framework, because things can just run off the cliff and that’s exactly what’s happening. As you add more people, you have more cars, and when you have more cars, they burn fossil fuel and what’s happening in California is you have cars reproducing faster than people…That’s the real challenge here, that we’re trying to get the idea out that we’re trying to save the future.”

The “jobs” shell game

0

Written with Nima Maghame

news@sfbg.com

While many San Francisco city officials have been trying to figure out how to close a projected budget deficit of more than $520 million, Mayor Gavin Newsom has spent the last month trying to make that spending gap even larger by aggressively pushing a variety of business tax cuts that economists say will do little to improve the local economy and could actually make it worse.

Newsom first proposed his so-called “local economic stimulus package” a year ago during his ill-fated run for governor, just as President Barack Obama was pushing his own economic stimulus plan. But unlike the federal government’s $787 billion plan, about a third of which involved tax cuts demanded by conservatives, Newsom proposed to cut local business taxes while also deeply slashing local government spending and laying off hundreds of city workers.

Most economists say that’s a terrible idea. In fact, a report issued at the time by Moody’s Investor Services made it clear that every dollar of direct government spending adds about $1.60 into the economy (or $1.73 if it’s on food stamps, the most stimulative spending government can make), whereas business tax cuts add only about $1 to the economy for every dollar spent.

We clashed with the Mayor’s Office at the time on our Politics blog (see “Mayor Newsom doesn’t understand economics,” 2/13/09), with Newsom’s spokesperson telling us the mayor was relying on the input of City Economist Ted Egan. But when we interviewed Egan about the issue, he agreed that it’s a bad idea to slash government spending to pay for tax cuts.

“We were in no way saying you should cut taxes to stimulate the economy, particularly if it means reducing government spending,” Egan told us then. And when we asked directly whether it’s better for San Francisco’s economy for the city to directly spend a dollar on payroll or to give that dollar away in a private sector tax break, he told us, “The consensus among economists is that most of the time government spending stimulates the economy more.”

The Board of Supervisors basically ignored Newsom’s proposal. But he revived it last month, expanding the proposals with even more private sector subsidies and making them the centerpiece of his Jan. 13 State of the City speech, publicly pushing it since then with a series of public events at businesses located in the city.

And this time — with the local economy still slow, projected city budget deficits bigger than ever, and little serious talk about how the city can bring in more money — it appears the proposals will be the subject of a series of hearings before Board of Supervisors’ committees in the coming weeks.

Newsom’s tax cut proposals include a proposal to waive the 1.5 percent payroll tax (the city’s main business tax) for all new hires; extend and expand the payroll tax exemption for biotech companies (see “Biotech’s bonanza,” p. 12); give small businesses tax credits for their spending on health plans; and allow developers to pass one-third of their affordable housing in-lieu fees onto future homeowners.

Newsom and his Press Secretary Tony Winnicker have spoken euphorically about the proposals, saying they’re desperately needed to spur the local economy. “We believe that enacting these tax incentives, particularly the payroll tax credit for new hires, is one of the single biggest things we can do for economic growth,” Winnicker said.

Despite repeated questions about the economists’ concerns over financing tax cuts with government spending cuts, we couldn’t get them to address the tradeoff directly. “The mayor will support critical public services,” was all Winnicker would say about the deep cuts that Newsom is expected to announce in his June 1 budget.

Sup. John Avalos, who chairs the Board of Supervisors Budget and Finance Committee, expressed more skepticism about the mayor’s proposals. “Do tax breaks have the intended effect of stimulating the economy? As we underfund government services, are we getting a net gain or are we getting something taken away? For the very small businesses in my district, it’s going to be trickle-down economics. It’s very unrelated and unmeasurable in benefit,” he told us.

David Noyola, board aide to President David Chiu, said his boss is supporting the biotech tax credit but reserving judgment on the rest. “It’s going to be a cost-benefit analysis,” Noyola said. “When we’re talking about jobs, we’re talking about public and private sector jobs, always.”

While Egan’s economic analysis predicts tax cuts will encourage some economic growth, even he is circumspect about the good it will do, particularly without finding a way to avoid deep cuts in city spending. “The truth of the matter is that our stimulus efforts are small because the city has relatively small power to affect the local economy,” Egan told us.

That’s the consensus economic opinion. Huge federal spending can help a national economy a little bit, but local economies are just different animals that local governments are largely powerless to really alter, particularly through tax cuts.

“I agree with Egan: city government has little power over the local economy,” Mike Potepan, an urban development economist at San Francisco State University, told the Guardian.

Both economists agree that tying tax cuts to job creation or development stimulus is better than general tax cuts, but that neither is good if it means laying off more city workers.

“Research shows that by cutting taxes you have more business activity where studies show it is likely to effect employment,” Potepan said. “On the other side, you have to think about revenue. Cities are going to have to balance their budgets, which could mean a cut in services.”

Author Greg LeRoy expresses a more critical perspective in his book The Great American Jobs Scam: Corporate Tax Dodging and the Myth of Job Creation (1995, Berrett-Koehler), amassing evidence from economic studies and CEO surveys that corporate tax breaks, even those tied to new job creation, have almost no effect on private companies’ decisions about where to locate and whether to hire.

“How can companies get away with this? Because the system is rigged. Corporations have it down to a science. They have learned how to chant ‘jobs, jobs, jobs’ to win huge corporate tax breaks — and still do whatever they wanted all along,” LeRoy writes. “That’s the Great American Jobs Scam: an intentionally constructed system that enables corporations to exact huge taxpayer subsidies by promising quality jobs — and lets them fail to deliver. The other benefit often promised — higher tax revenues — often proves false as well.”

While proposing to forgo collecting millions of dollars in payroll taxes (the Controller’s Office is still working on a projected total for the tax cut package), the Mayor’s Office also wants to spur development of new housing with a proposal that would delay collection of needed affordable housing money by more than a decade.

After hearing mostly from a large crowd of desperate developers and construction workers during a Jan. 21 hearing on the proposal, the Planning Commission approved the package on a 4-3 vote, with the mayor’s appointees in agreement and the board’s appointees in dissent. It will be considered by the Board of Supervisors Land Use Committee sometime after Feb. 12.

The most controversial part of the fee reform package involves reducing the fee developers pay to support affordable housing by 33 percent, then charging a 1 percent transfer tax to subsequent buyers of those homes. Egan estimates developers would save almost $20,000 per housing unit, and that it would take an average of 16 years for the city to recover that money. But for high-rise luxury condos, the city would eventually recover about $27,000 per unit.

“It’s a classic make-an-investment-now-to-get-more-later strategy,” Michael Yarne, who crafted the policy for the Mayor’s Office of Economic and Workforce Development at Newsom’s direction, told the Guardian.

“If it makes it feasible for projects to be started, then it is worth passing,” Tim Colen, a representative of San Francisco Housing Action, said at the Planning Commission hearing, expressing hope that it will help create desperately needed construction jobs and new market rate housing.

But affordable housing advocates and some progressives criticize the policy as completely backward, saying that affordable housing development is desperately needed now, during these tough economic times, rather than a policy that encourages more market rate housing and bails out bad investments made at the height of the real estate bubble.

“What the city needs to do is directly build affordable housing, for which there is a demand,” affordable housing activist Calvin Welch told us. “The problem is that the banks don’t want to lend these guys money because they know nobody can afford to buy houses at the prices that these guys are demanding.”

Debra Walker, who is running for supervisor from District 6 and voted against the proposal when it came before the Building Inspection Commission (the sole vote on a commission dominated by mayoral appointees), agrees.

“The whole argument is that it stimulates development, but it doesn’t,” Walker said, arguing that the incremental gains (about 25 housing units per year, Egan estimates) will be offset by delayed affordable housing construction. “There would be more economic stimulus by using the fee to build more affordable housing.”

Instead, it simply shifts resources to favored entities: from home owners to developers, in the case of the affordable housing fees, or in the case of the tax credits, from the public to the private sector. But Newsom’s office just doesn’t see it that way.

“The Guardian believes in protecting public sector employees over private sector employees,” was how Winnicker formulated our understanding of what the economists are saying. “Most people don’t work for the city, and if we can support private sector jobs, that adds to sales tax revenues and benefits the economy. Despite a short-term impact of the tax credit, that’s a benefit.”

Adam Lesser contributed to this report

 

DEIR in the headlights

0

GREEN CITY Public comments on the city’s draft environmental impact report (DEIR) for Lennar Corp.’s massive redevelopment proposal on Candlestick Point and the Hunters Points Shipyard includes complaints that the comment period was too short (see “The Candlestick Farce,” 12/23/09), concerns that the city violated state requirements to notify the Ohlone Tribe, and frustration that the city’s preferred plan represents the most significant and substantial impacts of any of the five scenarios analyzed in the DEIR.

These and many other concerns about the impacts of the 10,500-home project will need to be addressed in the final EIR, which Mayor Gavin Newsom and other project proponents expect to be completed by June.

Some object that the city is considering an early transfer of the shipyard and would undertake activities that are currently the Navy’s responsibility (see “Eliminating Dissent,” 06/17/09), saying the final EIR should prominently reference Proposition P, which voters approved in 2000, establishing community acceptance criteria for the cleanup.

Saul Bloom, executive director of Arc Ecology, submitted his organization’s comments “under protest for the inadequate extension of the public comment period, which we believe unfairly penalizes the public review of the draft EIR.”

Land use attorney Sue Hestor called the public comment submission schedule “abusive” in comments submitted for POWER (People Organized to Win Employment Rights). “The schedule is being driven by an insane desire to have the final EIR certified and all local approvals done by June,” Hestor said.

Ohlone chairperson Ann Marie Sayers and Neil MacClean of the Ohlone Profiles Project wondered why the Planning Department did not contact anyone on the city’s list of official Ohlone representatives. “We want the SF Planning Department to follow Senate Bill 18, which requires them to include Ohlone people in the planning process,” MacClean said, noting that there are at least four Ohlone villages within the proposed development area.

Jaime Michaels, coastal program analyst for the San Francisco Bay Conservation and Development Commission, expressed concerns about the DEIR’s proposal to make a 23.5 acre reduction in existing state park boundaries (see “Can I buy your park?” 08/12/09).

Project proponents, Michaels said, “would need to demonstrate that the decreased area would not compromise or reduce its value as a park/beach facility.” Michaels also worries about the impact of adding a minimum of 1.7 acres of fill in the bay to accommodate a bridge at Yosemite Slough, a plan she described as “a significant amount of coverage, particularly for a facility where the large majority of its coverage is needed to serve vehicles accessing the new stadium only 12 days a year.”

Michaels expressed concerns that the project’s plans to address sea level rise would negatively affect bay views and public access to the shoreline.

The project includes a 9.6-mile trail and a variety of other public amenities directly adjacent to the shoreline. Proposed building structures located away from the immediate shoreline would accommodate a 36-inch sea level rise by 2075, and the DEIR promises to employ adaptive management strategies along the perimeter beyond 2050.

“Unfortunately, partly due to illegibility and the scale of the drawings, it is difficult to assess precisely how these adaptations would appear,” Michaels observed. “However, it can be assumed that over time levees would need to be raised and likely widened at the base, thereby partly or entirely obstructing the public’s view of the bay from inland areas, encroaching on and reducing the area devoted for public use and impacting the overall public access experience.”

Arc Ecology discussed the DEIR’s failure to provide a comprehensive sustainability plan, address adjacent development projects, justify a 49ers stadium on the shipyard, or evaluate the potential for the development of port-related heavy industrial activities.

“The city is determined to get this project passed right now, and the developer is afraid that if someone else comes along as mayor and District 10 supervisor, they may not be as sympathetic,” Bloom said. “But the project — as outlined in the DEIR and the city’s way of approaching the deal — is against the interests of San Francisco.”