Lennar

Endorsements: Local offices

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Mayor

1. QUINTIN MECKE


2. AHIMSA PORTER SUMCHAI


3. CHICKEN JOHN RINALDI


Let us be perfectly clear: none of the people we are endorsing has any real chance of getting elected mayor of San Francisco. Gavin Newsom is going to win a second term; we know that, he knows that, and whatever they may say on the campaign trail, all of the candidates running against him know that.

It’s a sad state of affairs: San Francisco has been, at best, wallowing helplessly in problems under Newsom, and in many cases things have gotten worse. The murder rate is soaring; young people, particularly African Americans, are getting shot down on the streets in alarming numbers. The mayor has opposed almost every credible effort to do something about it — he fought against putting cops on foot patrol in the most violent areas, he opposed the creation of a violence-prevention fund and blocked implementation of a community policing plan, and he’s allowed the thugs in the Police Officers Association to set policy for a police department that desperately lacks leadership. The public transportation system is in meltdown. The housing crisis is out of control; 90 percent of the people who work in San Francisco can’t afford to buy a house here, and many of them can’t afford to rent either. Meanwhile, the city is allowing developers and speculators to build thousands of new luxury condos, which are turning San Francisco into a bedroom community for Silicon Valley. Newsom only recently seems to have noticed that public housing is in shambles and that the commission he appoints to oversee it has been ignoring the problem.

The mayor is moving aggressively to privatize public services (including turning over the city’s broadband infrastructure to private companies), and he’s done little to promote public power. He’s cracking down on the homeless without offering adequate alternatives to long-term housing. Much of the time, he seems disconnected, out of touch with the city; he won’t show up and take questions from the Board of Supervisors and won’t even comply with the Sunshine Ordinance and release his daily calendar so the voters can see what he’s doing all day. He rarely appears in public, unless his handlers have complete control of the situation.

In fact, almost all of the significant policy discussions and initiatives that are happening in San Francisco today (including the universal health plan that Newsom likes to take credit for) have come from the Board of Supervisors.

There are good things to say about Newsom. We were among the huge number of San Franciscans who applauded when Newsom directed the city to start issuing marriage licenses to same-sex couples. He did more than make a political statement, more than allow hundreds of couples to get married; he put one of the leading civil rights issues of our time on the center stage of the political agenda. And he made all of us proud to be San Franciscans. We were happy to see him stand up against the big international hotel chains and support striking hotel workers. In some ways, he’s brought modern management to the city — the 311 system, which connects callers directly to the proper city services, actually works, and sometimes works well.

But San Francisco is one of the world’s great cities, and it’s in serious trouble, and the person in charge isn’t offering much in the way of leadership — and he certainly isn’t offering the sort of progressive agenda that this city ought to be showing the nation. Newsom doesn’t deserve another term.

And yet the progressives in the city, who have come so very far since the return of district elections in 2000, were unable to field an electable candidate. We could spend pages dissecting why that happened. Matt Gonzalez should have made a decision much earlier in the process. Ross Mirkarimi should have run. The entire movement needs to be better about developing and promoting candidates for citywide office. But right now the issue on the table is this: who should the progressives, the independents, the neighborhood activists, the tenants, the people who have been dispossessed during the Newsom years, who don’t like the prospect of this mayor waltzing into another term atop a landslide majority, vote for Nov. 6?

We aren’t in the habit of endorsing for a big-league elective office people who haven’t put in their time in the minors. And Newsom’s challengers are not exactly a varsity squad. But many of them are raising important issues that Newsom has ignored, and we commend them all for taking on the difficult task of mounting a campaign against a mayor who most observers say is unbeatable. Our endorsements are, to be honest, protest votes — but we hope they’ll send a message to Newsom that there are issues, communities, and ideas he can’t just ignore after his coronation. The smaller the mayor’s margin of victory and the more votes the candidates who are pushing the progressive agenda collect, the less of a mandate Newsom will take into a second term that could be a truly frightening time.

Quintin Mecke has the strongest progressive credentials and by far the best overall approach to issues facing the city. He’s never held elective office (and had never run before), but he’s been involved in local politics for a decade. A volunteer with Tom Ammiano’s campaigns for supervisor and mayor and with Gonzalez’s mayoral campaign, Mecke went on to serve on the civil grand jury and the task force on redistricting, where he helped stave off attempts to chop up progressive supervisorial districts. He helped organize the South of Market Anti-Displacement Committee and now runs the Safety Network Partnership, a nonprofit that works to fight crime and violence in the city’s neighborhoods. He’s on the committee that monitors the city’s homeless shelters.

Mecke told the Guardian that "it’s hard to find an innovative, non-PR-type initiative out of the Mayor’s Office." He supports community policing, a progressive gross-receipts tax that would exempt small businesses, and a moratorium on market-rate housing until the city can determine how it will build enough affordable units. He complains that there’s no standard of care in Newsom’s homeless shelters. He opposes the privatization of public programs and resources.

Mecke tends a bit to bureaucratspeak; he talked about "horizontal conversations" instead of taking some issues head-on. And we’re concerned that he didn’t seem serious or organized enough to raise the modest amount of money it would have taken to qualify for public financing and mount a more visible campaign. But he’s a solid candidate, and we’re happy to give him the nod.

Ahimsa Porter Sumchai is a remarkable success story, an African American woman who grew up in the housing projects and wound up graduating from UC San Francisco’s medical school. She’s running primarily on the issue of environmental justice for southeast San Francisco — and for years has been one of the loudest voices against the flawed Lennar Corp. redevelopment project at and the reuse plan for the contaminated Hunters Point Shipyard. Sumchai says the shipyard can never be cleaned up to a level that would be safe for housing, and she suggests that much of it should be used for parks and open space and possibly maritime and green-industry uses. She’s highly critical of the low levels of affordable housing in market-rate projects all over the city, arguing that the developers should be forced to provide as many as 25 percent of their units at below-market rates. Sumchai is a physician, and she talks like one; her scientific language and approach sometimes confuse people. She suggested that one of the main causes of the homicide rate in the city is mental illness. "You can medically address people who are violent," she told us, saying the first step is to properly diagnose and treat depression in men. "Just as we looked at AIDS as an epidemic," she said, "we should look at violence as an epidemic." Which is, at the very least, an interesting approach.

Sumchai has some innovative ideas, including a universal child-care program for the city, paid for with a "fat tax" on unhealthy food. She’s a strong supporter of public power and a longtime critic of Pacific Gas and Electric Co.

She can be abrasive and temperamental, but she’s talking about critical issues that almost everyone else is ignoring. She deserves support.

Chicken John Rinaldi is the political surprise of the season, an artist and showman who has managed a traveling circus, run a bar in the Mission, put on unusual performances of every kind — and somehow managed to be the only person running for mayor who could qualify for tens of thousands of dollars in public funding. On one level Rinaldi’s campaign is a joke — he told us repeatedly he has no idea what he’s doing, and that if by some wild chance he were elected, he would hire people like Mecke and Sumchai to run the city. He’s the Dada candidate, with his entire run something of a performance art piece.

But Rinaldi has a real constituency. He represents a dying breed in the city: the street artists, the writers, the poets, the unconventional thinkers with economically marginal lifestyles, who were once the heart and soul of San Francisco. It’s hard to pin him down on issues since he seems to disdain any policy talk, but in the end, the very fact that he’s running speaks to the pressure on artists and the lack of support the unconventional side of the art world gets in this increasingly expensive city.

Rinaldi is the protest candidate of all protest candidates, but he’s going to get a lot of votes from people who think San Francisco needs to stop driving some of its most valuable residents out of town — and if that leads to a more serious discussion about artist housing, affordable housing in general, arts funding, and the overall crackdown on fun under Newsom, then it’s worth giving Chicken John a place on the ticket.

There are several other candidates worthy of consideration. Josh Wolf, a video blogger, served 226 days in a federal prison rather than turn over to the authorities tape of a demonstration he was filming. It was a bold and courageous show of principle (anyone who’s ever done time knows that spending even a week, much less month after month, behind bars is no joke), and it speaks to his leadership and character. Wolf is talking about some key issues too: he’s a big supporter of municipal broadband and sees the Web as a place to promote more direct democracy in San Francisco.

Lonnie Holmes, a probation officer, has roots in the African American community and some credible ideas about violent crime. He favors extensive, direct intervention in at-risk communities and would fully fund recreation centers, after-school programs, and antiviolence education in elementary schools. He thinks a network of community resource centers in key neighborhoods could cut the crime rate in half. He’s a little conservative for our taste, but we like his energy, commitment, and ideas.

Harold Hoogasian, a third-generation florist, registered Republican, and small-business activist, is a self-proclaimed fiscal conservative and law-and-order guy who complains that the city budget has skyrocketed while services don’t seem to have improved. Yet somewhat to our surprise, he told us he supports the idea of a moratorium on market-rate housing and a ballot measure that would force developers to build housing more in tune with San Francisco’s real needs (even if he wants to start with ownership housing for cops). He supports public power, wants more sunshine in government, and opposes privatization. He also brings a much-needed critique of the remaining vestiges of machine politics in this one-party town and speaks passionately about the need for outsiders and political independents to have a seat at the table. We’re glad to have him in the race.

In the end, though, our picks in this first ranked-choice vote for San Francisco mayor are Mecke, Sumchai, and Rinaldi — on the issues, as a political statement, and to remind Newsom that his poll numbers don’t reflect the deep sense of distrust and discontent that remains in this city.

District attorney

KAMALA HARRIS


We’re always nervous about unopposed incumbents. And since Kamala Harris unseated Terence Hallinan four years ago, running as an ally of then-mayor Willie Brown with the backing of a corrupt old machine, we’ve been nervous about her.

In some ways she’s been a pleasant surprise. Harris quickly showed that she has courage and integrity when she refused to seek the death penalty for a cop killer despite the fact that the police rank and file and much of the brass excoriated her for it. She remains one of the few district attorneys in the nation who oppose the death penalty in all situations. She’s created a public integrity unit and aggressively filed charges against Sup. Ed Jew. She’s made clear to the Police Department that she won’t accept sloppy police work. She talks constantly about making crime and criminal justice a progressive issue.

But there are plenty of areas in which we remain nervous. Harris hasn’t been anywhere near as aggressive as she could be in prosecuting political corruption. She doesn’t pursue ethics violations or Sunshine Ordinance violations. The San Francisco DA’s Office could be a national leader in rooting out and prosecuting environmental and political crime, but it isn’t.

Meanwhile, the murder rate continues to rise in San Francisco, and Harris and the police are pointing fingers back and forth without actually finding a workable solution.

And lately, Harris, to her tremendous discredit, has been stepping up the prosecution of so-called quality-of-life crimes — which translates into harassing the homeless. She’s made sure there’s a full-time prosecutor in traffic court, pressing charges for things like public urination, sleeping in the park, and holding an open container of beer. That’s a colossal waste of law enforcement resources.

We expect a lot more from Harris in the next four years. But we’ll back her for another term.

Sheriff

MIKE HENNESSEY


Mike Hennessey has been sheriff for so long that it’s hard to imagine anyone else holding the job. And that’s not a bad thing: Hennessey is one of the most progressive law enforcement officers in the country. He’s turned the county jail into a center for drug rehabilitation, counseling, and education (the first charter high school in America for county prisoners is in the SF jail). He’s hired a remarkably diverse group of deputies and has worked to find alternatives to incarceration. He’s openly critical of the rate at which the San Francisco police are arresting people for small-time drug offenses ("We’re arresting too many people for drugs in the city," he told us). He took a courageous stand last year in opposing a draconian and ineffective state ballot initiative that would have kicked convicted sex offenders out of San Francisco and forced them to live in rural counties without access to support, services, or monitoring.

We’ve had some issues with Hennessey. We wanted a smaller new jail than he ultimately decided to build. And we really wish he’d be more outspoken on local law enforcement issues. Hennessey told us he wants to stick to his own turf, but if he were more visible on police reform, criminal justice, and law enforcement, the city would benefit immensely.

Hennessey’s only opponent is David Wong, a deputy sheriff who was unable to make a case for replacing the incumbent. We’re happy to endorse Hennessey for another term — but since this might be his last before retirement, we urge him to take his progressive views and push them onto a larger stage.

Let’s Hear from Newsom on Lennar

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Wade Crowfoot of the Mayor’s Office looks on as School Board member Eric Mar hands him the school board’s unanimous resolution asking for a temporary shutdown of Lennar’s site until health testing can be done. Crowfoot promised to “pass the message along” to Mayor Gavin Newsom…

Sup. Chris Daly and Ross Mirkarimi joined educators, spiritual leaders, and families and residents from BayviewHunters Point outside City Hall today to commend the San Francisco School Board for unanimously passing a resolution that asks the City to halt Lennar’s BVHP construction at Parcel A of the Hunters Point Shipyard, at least until testing proves that it is safe.

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A dressed down Daly (there was no Board of Supes meeting today) joined the anti-dust rally outside City Hall

Lennar’s troubles continue

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A busload of 49er fans based in Bayview Hunters Point traveled to the 49ers headquarters in Santa Clara today to ask the team owners not to build a new stadium with developer Lennar. The group also requested a meeting with the York family regarding health problems they say are a result of Lennar’s activities.

In November 2006, the York family announced that the team was planning to leave San Francisco and relocate to Santa Clara. The announcement set off an intense competition to win the 49ers’ affections. As part of that battle, Mayor Gavin Newsom offered to build a new stadium at Hunters Point Shipyard—a move mayoral candidate Dr. Ahimsa Porter Sumchai decried as “a dirty transfer of the shipyard.”

Jaron Browne of People Organized to Win Employment Rights, which participated in today’s bus ride, told the Guardian that the Yorks “weren’t able to come out and give a statement”.

“But we delivered an informational packet, including medical records and the personal accounts of people living in the surrounding neighborhood. Our message was, ‘Lennar is not a builder in good faith’,” Browne said.

The bus ride came the day after the San Francisco Board of Education voted unanimously, on the basis of their belief that the City’s precautionary principle requires them to take “anticipatory action” to prevent harm, to call on the Mayor, the Board of Supervisors, the Redevelopment Agency the Department of Public Health and other relevant City agencies to “require an immediate halt of Lennar’s development of Parcel A of the Hunters Point Shipyard until an immediate and independent health and safety assessment can be conducted in cooperation with the SFUSD Superintendent and the School District’s School Health Programs Office and other relevant community organizations and City task forces like the SF Asthma Task Force.”

Their vote makes the School Board the first elected body in San Francisco to insist on a halt and comes ten months after a group of Bayview Hunters Point residents first started to ask for a temporary work stoppage until community health concerns could be addressed.

The School Board’s decision comes shortly after the California Department of Public Health’s, which is funded Agency for Toxic Substances and Disease Registry, released a report in response to concerns about Lennar’s grading operations at Parcel A.

The report finds, amongst many other concerns, that there are validity problems with the monitoring equipment that Lennar is currently using at the site, which is designed for indoor, not outdoor, conditions.

“Due to the novel application of the equipment for fence line monitoring,” notes the report, “CDPH is not able to interpret whether dust exposures in the community occurred that would explain some of the community health complaints such as headaches, bloody noses, adult onset asthma, respiratory symptoms, nausea and vomiting.”

The report also suggests beefing up monitoring and mitigation measures, and giving more power to City officials overseeing the site. It does not recommend any health screenings.

Lennar officials immediately issued a press release claiming that the report “supports recent findings by state and local public health professionals that grading operations at a construction site pose no significant long-term health threats to residents in San Francisco’s Bayview Hunters Point neighborhood.”

But a thorough reading of the CDPH’s report raises numerous concerns with Lennar’s monitoring operations and makes major recommendations for the site.

Our three-point plan to save San Francisco

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› news@sfbg.com

Curtis Aaron leaves his house at 9 a.m. and drives to work as a recreation center director for the San Francisco Recreation and Park Department. He tries to leave enough time for the trip; he’s expected on the job at noon.

Aaron lives in Stockton. He moved there with his wife and two kids three years ago because “there was no way I could buy a place in San Francisco, not even close.” His commute takes three hours one way when traffic is bad. He drives by himself in a Honda Accord and spends $400 a month on gas.

Peter works for the city as a programmer and lives in Suisun City, where he moved to buy a house and start a family. Born and raised in San Francisco, he is now single again, with grown-up children and a commute that takes a little more than an hour on a good day.

“I’d love to move back. I love city life, but I want to be a homeowner, and I can’t afford that in the city,” Peter, who asked us not to use his last name, explained. “I work two blocks from where I grew up and my mom’s place, which she sold 20 years ago. Her house is nothing fancy, but it’s going for $1.2 million. There’s no way in hell I could buy that.”

Aaron and Peter aren’t paupers; they have good, unionized city jobs. They’re people who by any normal standard would be considered middle-class — except that they simply can’t afford to live in the city where they work. So they drive long distances every day, burning fossil fuels and wasting thousands of productive hours each year.

Their stories are hardly unique or new; they represent part of the core of the city’s most pressing problem: a lack of affordable housing.

Just about everyone on all sides of the political debate agrees that people like Aaron and Peter ought to be able to live in San Francisco. Keeping people who work here close to their jobs is good for the environment, good for the community, and good for the workers.

“A lack of affordable housing is one of the city’s greatest challenges,” Mayor Gavin Newsom acknowledged in his 2007–08 draft budget.

The mayor’s answer — which at times has the support of environmentalists — is in part to allow private developers to build dense, high-rise condominiums, sold at whatever price the market will bear, with a small percentage set aside for people who are slightly less well-off.

The idea is that downtown housing will appeal to people who work in town, keeping them out of their cars and fighting sprawl. And it assumes that if enough market-rate housing is built, eventually the price will come down. In the meantime, demanding that developers make somewhere around 15 percent of their units available at below-market rates should help people like Aaron and Peter — as well as the people who make far less money, who can never buy even a moderately priced unit, and who are being displaced from this city at an alarming rate. And a modest amount of public money, combined with existing state and federal funding, will make affordable housing available to people at all income levels.

But the facts are clear: this strategy isn’t working — and it never will. If San Francisco has any hope of remaining a city with economic diversity, a city that has artists and writers and families and blue-collar workers and young people and students and so many of those who have made this one of the world’s great cities, we need to completely change how we approach the housing issue.

 

HOMELESS OR $100,000

The housing plans coming out of the Mayor’s Office right now are aimed primarily at two populations: the homeless people who have lost all of their discretionary income due to Newsom’s Care Not Cash initiative, and people earning in the neighborhood of $100,000 a year who can’t afford to buy homes. For some time now, the mayor has been diverting affordable-housing money to cover the unfunded costs of making Care Not Cash functional; at least that money is going to the truly needy.

Now Newsom’s housing director, Matt Franklin, is talking about what he recently told the Planning Commission is a “gaping hole” in the city’s housing market: condominiums that would allow people on the higher end of middle income to become homeowners.

At a hearing Sept. 17, Doug Shoemaker of the Mayor’s Office of Housing told a Board of Supervisors committee that the mayor wants to see more condos in the $400,000 to $600,000 range — which, according to figures presented by Service Employees International Union Local 1021, would be out of the reach of, say, a bus driver, a teacher, or a licensed vocational nurse.

Newsom has put $43 million in affordable-housing money into subsidies for new home buyers in the past year. The Planning Department is looking at the eastern neighborhoods as ground zero for a huge new boom in condos for people who, in government parlance, make between 120 and 150 percent of the region’s median income (which is about $90,000 a year for a family of four).

In total, the eastern neighborhoods proposal would allow about 7,500 to 10,000 new housing units to be added over the next 20 years. Downtown residential development at Rincon Hill and the Transbay Terminal is expected to add 10,000 units to the housing mix, and several thousand more units are planned for Visitacion Valley.

The way (somewhat) affordable housing will be built in the eastern part of town, the theory goes, is by creating incentives to get developers to build lower-cost housing. That means, for example, allowing increases in density — changing zoning codes to let buildings go higher, for example, or eliminating parking requirements to allow more units to be crammed into an available lot. The more units a developer can build on a piece of land, the theory goes, the cheaper those units can be.

But there’s absolutely no empirical evidence that this has ever worked or will ever work, and here’s why: the San Francisco housing market is unlike any other market for anything, anywhere. Demand is essentially insatiable, so there’s no competitive pressure to hold prices down.

“There’s this naive notion that if you reduce costs to the market-rate developers, you’ll reduce the costs of the unit,” Calvin Welch, an affordable-housing activist with more than three decades of experience in housing politics, told the Guardian. “But where has that ever happened?”

In other words, there’s nothing to keep those new condos at rates that even unionized city employees — much less service-industry workers, nonprofit employees, and those living on much lower incomes — can afford.

In the meantime, there’s very little discussion of the impact of increasing density in the nation’s second-densest city. Building housing for tens of thousands of new people means spending hundreds of millions of dollars on parks, recreation centers, schools, police stations, fire stations, and Muni lines for the new neighborhoods — and that’s not even on the Planning Department’s radar. Who’s going to pay for all that? Nothing — nothing — in what the mayor and the planners are discussing in development fees will come close to generating the kind of cash it will take to make the newly dense areas livable.

“The solution we are striving for has not been achieved,” said Chris Durazo, chair of the South of Market Community Action Network, an organizing group. “Should we be looking at the cost to developers to build affordable housing or the cost to the neighborhood to be healthy? We’re looking at the cumulative impacts of policy, ballot measures, and planning and saying it doesn’t add up.”

In fact, Shoemaker testified before the supervisors’ committee that the city is $1.14 billion short of the cash it needs to build the level of affordable housing and community amenities in the eastern neighborhoods that are necessary to meet the city’s own goals.

This is, to put it mildly, a gigantic problem.

 

THE REST OF US

Very little of what is on the mayor’s drawing board is rental housing — and even less is housing available for people whose incomes are well below the regional median, people who earn less than $60,000 a year. That’s a large percentage of San Franciscans.

The situation is dire. Last year the Mayor’s Office of Community Development reported that 16 percent of renters spend more than half of their income on housing costs. And a recent report from the National Low Income Housing Coalition notes that a minimum-wage earner would have to work 120 hours a week, 52 weeks a year, to afford the $1,551 rent on a two-bedroom apartment if they spent the recommended 30 percent of their income on housing.

Ted Gullickson of the San Francisco Tenants Union told us that Ellis Act evictions have decreased in the wake of 2006 Board of Supervisors legislation that bars landlords from converting their property from rentals to condos if they evict senior or disabled tenants.

But the condo market is so profitable that landlords are now offering to buy out their tenants — and are taking affordable, rent-controlled housing off the market at the rate of a couple of hundred units a month.

City studies also confirm that white San Franciscans earn more than twice as much as their Latino and African American counterparts. So it’s hardly surprising that the Bayview–Hunters Point African American community is worried that it will be displaced by the city’s massive redevelopment plan for that area. These fears were reinforced last year, when Lennar Corp., which is developing 1,500 new units at Hunters Point Shipyard, announced it will only build for-sale condos at the site rather than promised rental units. Very few African American residents of Bayview–Hunters Point will ever be able to buy those condos.

Tony Kelly of the Potrero Hill Boosters believes the industrial-zoned land in that area is the city’s last chance to address its affordable-housing crisis. “It’s the biggest single rezoning that the city has ever tried to do. It’s a really huge thing. But it’s also where a lot of development pressure is being put on the city, because the first sale on this land, once it’s rezoned, will be the most profitable.”

Land use attorney Sue Hestor sees the eastern neighborhoods as a test of San Francisco’s real political soul.

“There is no way it can meet housing goals unless a large chunk of land goes for affordable housing, or we’ll export all of our low-income workers,” Hestor said. “We’re not talking about people on welfare, but hotel workers, the tourist industry, even newspaper reporters.

“Is it environmentally sound to export all your workforce so that they face commute patterns that take up to three and four hours a day, then turn around and sell condos to people who commute to San Jose and Santa Clara?”

 

A THREE-POINT PLAN

It’s time to rethink — completely rethink — the way San Francisco addresses the housing crisis. That involves challenging some basic assumptions that have driven housing policy for years — and in some quarters of town, it’s starting to happen.

There are three elements of a new housing strategy emerging, not all from the same people or organizations. It’s still a bit amorphous, but in community meetings, public hearings, blog postings, and private discussions, a program is starting to take shape that might actually alter the political landscape and make it possible for people who aren’t millionaires to rent apartments and even buy homes in this town.

Some of these ideas are ours; most of them come from community leaders. We’ll do our best to give credit where it’s due, but there are dozens of activists who have been participating in these discussions, and what follows is an amalgam, a three-point plan for a new housing policy in San Francisco.

1. Preserve what we have. This is nothing new or terribly radical, but it’s a cornerstone of any effective policy. As Welch points out repeatedly, in a housing crisis the cheapest and most valuable affordable housing is the stuff that already exists.

Every time a landlord or real estate speculator tries to make a fast buck by evicting a tenant from a rent-controlled apartment and turning that apartment into a tenancy in common or a condo, the city’s affordable-housing stock diminishes. And it’s far cheaper to look for ways to prevent that eviction and that conversion than it is to build a new affordable-rental apartment to replace the one the city has lost.

The Tenants Union has been talking about this for years. Quintin Mecke, a community organizer who is running for mayor, is making it a key part of his platform: More city-funded eviction defense. More restrictions on what landlords can do with buildings emptied under the Ellis Act. And ultimately, a statewide strategy to get that law — which allows landlords to clear a building of tenants, then sell it as condos — repealed.

Preserving existing housing also means fighting the kind of displacement that happens when high-end condos are squeezed into low-income neighborhoods (which is happening more and more in the Mission, for example, with the recent approval of a market-rate project at 3400 César Chávez).

And — equally important — it means preserving land.

Part of the battle over the eastern neighborhoods is a struggle for limited parcels of undeveloped or underdeveloped real estate. The market-rate developers have their eyes (and in many cases, their claws) on dozens of sites — and every time one of them is turned over for million-dollar condos, it’s lost as a possible place to construct affordable housing (or to preserve blue-collar jobs).

“Areas that have been bombarded by condos are already lost — their industrial buildings and land are already gone,” Oscar Grande of People Organizing to Demand Environmental and Economic Rights told us.

So when activists (and some members of the Board of Supervisors) talk about slowing down or even stopping the construction of new market-rate housing in the eastern neighborhoods area, it’s not just about preventing the displacement of industry and blue-collar jobs; it’s also about saving existing, very limited, and very valuable space for future affordable housing.

And that means putting much of the eastern neighborhoods land off limits to market-rate housing of any kind.

The city can’t exactly use zoning laws to mandate low rents and low housing prices. But it can place such high demands on developers — for example, a requirement that any new market-rate housing include 50 percent very-low-income affordable units — that the builders of the million-dollar condos will walk away and leave the land for the kind of housing the city actually needs.

2. Find a new, reliable, consistent way to fund affordable housing. Just about everyone, including Newsom, supports the notion of inclusionary housing — that is, requiring developers to make a certain number of units available at lower-than-market rates. In San Francisco right now, that typically runs at around 15 percent, depending on the size of the project; some activists have argued that the number ought to go higher, up to 20 or even 25 percent.

But while inclusionary housing laws are a good thing as far as they go, there’s a fundamental flaw in the theory: if San Francisco is funding affordable housing by taking a small cut of what market-rate developers are building, the end result will be a city where the very rich far outnumber everyone else. Remember, if 15 percent of the units in a new luxury condo tower are going at something resembling an affordable rate, that means 85 percent aren’t — and ultimately, that leads to a population that’s 85 percent millionaire.

The other problem is how you measure and define affordable. That’s typically based on a percentage of the area’s median income — and since San Francisco is lumped in with San Mateo and Marin counties for income statistics, the median is pretty high. For a family of four in San Francisco today, city planning figures show, the median income is close to $90,000 a year.

And since many of these below-market-rate projects are priced to be affordable to people making 80 to 100 percent of the median income, the typical city employee or service-industry worker is left out.

In fact, much of the below-market-rate housing built as part of these projects isn’t exactly affordable to the San Franciscans most desperately in need of housing. Of 1,088 below-market-rate units built in the past few years in the city, Planning Department figures show, just 169 were available to people whose incomes were below half of the median (that is, below $45,000 a year for a family of four or $30,000 a year for a single person).

“A unit can be below market rate and still not affordable to 99 percent of San Franciscans,” Welch noted.

This approach clearly isn’t working.

So activists have been meeting during the past few months to hammer out a different approach, a way to sever affordable-housing funding from the construction of market-rate housing — and to ensure that there’s enough money in the pot to make an actual difference.

It’s a big number. “If we have a billion dollars for affordable housing over the next 15 years, we have a fighting chance,” Sup. Chris Daly told us. “But that’s the kind of money we have to talk about to make any real impact.”

In theory, the mayor and the supervisors can just allocate money from the General Fund for housing — but under Newsom, it’s not happening. In fact, the mayor cut $30 million of affordable-housing money this year.

The centerpiece of what Daly, cosponsoring Sup. Tom Ammiano, and the housing activists are talking about is a charter amendment that would earmark a portion of the city’s annual property-tax collections — somewhere around $30 million — for affordable housing. Most of that would go for what’s known as low- and very-low-income housing — units affordable to people who earn less than half of the median income. The measure would also require that current housing expenditures not be cut — to “lock in everything we’re doing now,” as Daly put it — so that that city would have a baseline of perhaps $60 million a year.

Since the federal government makes matching funds available for many affordable-housing projects, that money could be leveraged into more than $1 billion.

Of course, setting aside $30 million for affordable housing means less money for other city programs, so activists are also looking at ways to pay for it. One obvious option is to rewrite the city’s business-tax laws, replacing some or all of the current payroll tax money with a tax on gross receipts. That tax would exempt all companies with less than $2 million a year in revenue — the vast majority of the small businesses in town — and would be skewed to tax the bigger businesses at a higher rate.

Daly’s measure is likely headed for the November 2008 ballot.

The other funding option that’s being discussed in some circles — including the Mayor’s Office of Housing — is complicated but makes a tremendous amount of sense. Redevelopment agencies now have the legal right to sell revenue bonds and to collect income based on so-called tax increments — that is, the increased property-tax collections that come from a newly developed area. With a modest change in state law, the city should be able to do that too — to in effect capture the increased property taxes from new development in, say, the Mission and use that money entirely to build affordable housing in the neighborhood.

That, again, is a big pot of cash — potentially tens of millions of dollars a year. Assemblymember Mark Leno (D–San Francisco) told us he’s been researching the issue and is prepared to author state legislation if necessary to give the city the right to use tax-increment financing anywhere in town. “With a steady revenue stream, you can issue revenue bonds and get housing money up front,” he said.

That’s something redevelopment agencies can do, and it’s a powerful tool: revenue bonds don’t have to go to the voters and are an easy way to raise money for big projects — like an ambitious affordable-housing development program.

Somewhere, between all of these different approaches, the city needs to find a regular, steady source for a large sum of money to build housing for people who currently work in San Francisco. If we want a healthy, diverse, functioning city, it’s not a choice any more; it’s a mandate.

3. A Proposition M for housing. One of the most interesting and far-reaching ideas we’ve heard in the past year comes from Marc Salomon, a Green Party activist and policy wonk who has done extensive research into the local housing market. It may be the key to the city’s future.

In March, Salomon did something that the Planning Department should have done years ago: he took a list of all of the housing developments that had opened in the South of Market area in the past 10 years and compared it to the Department of Elections’ master voter files for 2002 and 2006. His conclusion: fully two-thirds of the people moving into the new housing were from out of town. The numbers, he said, “indicate that the city is pursuing the exact opposite priorities and policies of what the Housing Element of the General Plan calls for in planning for new residential construction.”

That confirms what we found more than a year earlier when we knocked on doors and interviewed residents of the new condo complexes (“A Streetcar Named Displacement,” 10/19/05). The people for whom San Francisco is building housing are overwhelmingly young, rich, white commuters who work in Silicon Valley. Or they’re older, rich empty nesters who are moving back to the city from the suburbs. They aren’t people who work in San Francisco, and they certainly aren’t representative of the diversity of the city’s population and workforce.

Welch calls it “socially psychotic” planning.

Twenty-five years ago, the city was doing equally psychotic planning for commercial development, allowing the construction of millions of square feet of high-rise office space that was overburdening city services, costing taxpayers a fortune, creating congestion, driving up residential rents, and turning downtown streets into dark corridors. Progressives put a measure on the November 1986 ballot — Proposition M — that turned the high-rise boom on its head: from then on, developers had to prove that their buildings would meet a real need in the city. It also set a strict cap on new development and forced project sponsors to compete in a “beauty contest” — and only the projects that offered something worthwhile to San Francisco could be approved.

That, Salomon argues, is exactly how the city needs to approach housing in 2007.

He’s been circuutf8g a proposal that would set clear priority policies for new housing. It starts with a finding that is entirely consistent with economic reality: “Housing prices [in San Francisco] cannot be lowered by expanding the supply of market-rate housing.”

It continues, “San Francisco values must guide housing policy. The vast majority of housing produced must be affordable to the vast majority of current residents. New housing must be economically compatible with the neighborhood. The most needy — homeless, very low income people, disabled people, people with AIDS, seniors, and families — must be prioritized in housing production. … [and] market-rate housing can be produced only as the required number of affordable units are produced.”

The proposal would limit the height of all new housing to about six stories and would “encourage limited-equity, permanently affordable homeownership opportunities.”

Salomon suggests that San Francisco limit the amount of new market-rate housing to 250,000 square feet a year — probably about 200 to 400 units — and that the developers “must produce aggressive, competitive community benefit packages that must be used by the Planning Commission as a beauty contest, with mandatory approval by the Board of Supervisors.” (You can read his entire proposal at www.sfbg.com/newpropm.doc.)

There are all kinds of details that need to be worked out, but at base this is a brilliant idea; it could be combined with the new financing plans to shift the production of housing away from the very rich and toward a mix that will preserve San Francisco as a city of artists, writers, working-class people, creative thinkers, and refugees from narrow-minded communities all over, people who want to live and work and make friends and make art and raise families and be part of a community that has always been one of a kind, a rare place in the world.

There is still a way to save San Francisco — but we’re running out of time. And we can’t afford to pursue moderate, incremental plans. This city needs a massive new effort to change the way housing is built, rented, and sold — and we have to start now, today.* To see what the Planning Department has in the pipeline, visit www.sfgov.org/site/planning_index.asp?id=58508. To see what is planned for the eastern neighborhoods, check out www.sfgov.org/site/planning_index.asp?id=67762.

Paging Dr. Sumchai

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› sarah@sfbg.com

If mayoral candidate Ahimsa Porter Sumchai were a superhero, she’d be Rescue Girl, her petite athletic form encased in a silver jumpsuit and cape as she swooped in, using her understanding of complicated medical and scientific issues as her secret weapon, to save high-risk communities from environmental racism, economic disenfranchisement, and social displacement.

Instead, she’s the candidate who claims to be thankful her name was excluded from the San Francisco Chronicle‘s Aug. 11 coverage of the mayor’s race, in which Gavin Newsom’s challengers were dissed as a peanut gallery of lunatics.

"I’m glad the Chronicle did not disrespect me in the context of ‘a chicken, a wolf, and a grasshopper’-style jokes, like the race is a big laugh," says Sumchai, 55, as I pick her up at the corner of Third Street and Palau Avenue, which lies a stone’s throw from Sumchai’s campaign headquarters in the heart of Bayview–<\d>Hunters Point and a five-minute drive from the Environmental Protection Agency’s Superfund site at the Hunters Point Shipyard.

This intersection was the main drag for Navy operations when the shipyard was active, Sumchai explains as we pass rows of tightly packed houses and a sprinkling of churches — including Grace Tabernacle Church, which has recently become a rallying point for hundreds of residents concerned about exposure to toxic asbestos dust at Lennar Corp.’s Parcel A redevelopment work site at the shipyard.

Sumchai has made that exposure a central focus of her campaign.

"When I become mayor, Lennar will shut down at Parcel A, and I will establish a plan that includes a human safety component and testing of potentially exposed residents," says Sumchai, who also opposes what she calls "the dirty transfer of the shipyard," through which Newsom has proposed folding Candlestick Point into the shipyard so he can build a stadium for the 49ers — and Lennar can build 6,500 more condos at Candlestick.

Sumchai, whose grandparents came from St. Louis in 1939 and whose father was exposed to asbestos when he worked as a shipping clerk at the shipyard, is an academic success story, emerging from the Sunnydale housing project to graduate from UC San Francisco medical school in 1982.

But while Sumchai is incredibly bright, her eggheadedness sometimes seems to get in the way of letting her make concise, down-to-earth statements. Instead, she often comes across as if she spent too much time in the library, a trait that can leave audiences who don’t have science degrees utterly baffled and uncertain as to what point she just tried to make.

And while the odds are clearly stacked against her in the mayor’s race, Sumchai is using her candidacy to ask tough questions on behalf of a community that is beginning to rally for environmental justice after decades of exposure to pollution from two power plants, two freeways, the shipyard, and a sewage plant that impacts five percent of the city’s population with the smell of treating 80 percent of the city’s solid waste.

"To continue with activities that are harmful challenges the fundamental ethics of being a physician, says Sumchai, who practiced emergency medicine for 20 years.

It’s an experience that informs her current crusade to halt Lennar’s construction on Parcel A at the shipyard. The community’s exposure to dust adds up to "an epidemic," she says.

"It gets on their clothing. It’s airborne. And then there’s the geographic proximity to the site of exposure," Sumchai explains, gesturing to the schools, residences, and neighborhoods that lie downwind of Lennar’s site.

From Monster Park, we take the freeway, exiting at Sunnydale, where Sumchai’s family moved when she was seven.

"When we talk about ‘affordable housing,’ what we really mean is affordable to people making $80,000, while people making $12,000 to $20,000, which is the real average median income in the Bayview, have nowhere to go," Sumchai says. She argues that developers on city-owned land should be required to offer 30 percent to 45 percent of their units at prices affordable to very low-income residents.

Crime is another issue that’s important to the candidate. Sumchai, who used to take the bus from Sunnydale to the Lutheran church on Palau and still uses public transit three times a day, says the gangs she saw then had low-velocity weapons and knives, while today they potentially have access to access military assault weapons.

"The lethality of the gang activity has become enormously problematic," she says, noting that the likelihood of getting enmeshed in the criminal justice system lessens for kids involved in after-school activities more than two times a week.

Sumchai has never lived the posh, comfortable life that is often associated in the public mind with successful physicians. In fact, she’s had to be rescued herself from "critical stressors, major traumas [that] could have led me down a path that was not so productive."

In 1999, she had to surrender her medical license. As California Medical Board records tell it, a series of personal catastrophes hit, and Sumchai was diagnosed with post-traumatic stress disorder after she experienced insomnia, anxiety, emotional upwellings, and re-experienced traumatic moments "when threatened-stressed or exposed to reminders of her graphic experiences as a emergency trauma physician." These upwellings became "explosive outbursts of anger and paranoia" and contributed to Sumchai’s problems, according to her records, which indicate that she received a 116-day stint in county jail, three years’ probation, and a $200 fine for resisting arrest.

Claiming that she did not receive the medical care she needed when she was imprisoned, Sumchai says, "I have as a physician been to the mountaintop and also to the bottom of the pit in terms of my experiences of how the sick, disabled, homeless, and mentally ill are looked upon and treated."

Crediting the influences of key mentors "who had the courage to intervene and bring in resources and moral compasses," Sumchai says her medical license was reinstated in December 2005, but she has no interest or intention of returning to work in emergency or trauma operations. Today she works as a personal trainer, a sports nutrition consultant, and a fitness industry administrator in between writing for the San Francisco Bay View, meditating, doing Pilates exercises, and running for mayor.

And she’s still constantly in fights — even with her friends. Joe O’Donoghue, the fiery former head of the Residential Builders Association, hired her as a personal trainer and told her earlier this year — in confidence, he insisted to us — that former superintendent Matt Gonzalez was getting ready to enter the mayor’s race. The moment she left the gym, Sumchai called Gonzalez — and O’Donoghue promptly fired her.

For now, Sumchai is setting her sights on bringing about change by debating issues that otherwise aren’t being voiced on behalf of folks whose needs and concerns are being neglected.

Editor’s note: The original version of this story failed to note that Sumchai is a practicing physician as well as a personal trainer and nutrition consultant. She has an active medical practice in West Portal.

Test the Lennar site

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EDITORIAL A committee of the San Francisco school board is discussing some sort of voluntary program to test for toxic exposure kids who attend facilities near Lennar Corp.’s construction project at Hunters Point. That’s set off a modest fury in the Department of Public Health, which insists there’s no threat to the public and no reason to test anyone. And the school district almost certainly doesn’t have the money to conduct a testing program for hundreds of students.

But the city should never have allowed this situation to develop to this point. And if there is real concern in the community (which there is) and any credible evidence that asbestos might be present in the air (which there is), then the Department of Public Health ought to do the only prudent thing and order a series of air and ground tests in the immediate vicinity of the Lennar site.

Lennar, as we’ve reported (see "The Corporation That Ate San Francisco," 3/14/07), is running a massive Redevelopment Agency construction project on part of the old Hunters Point Shipyard. The construction stirs up a lot of dust, and there’s naturally occurring asbestos in the rock below. There may be other forms of toxic material in the dirt too, left by the military, which was never terribly good about keeping its bases clean.

The company was supposed to do air monitoring near the site; state law requires stringent tests whenever construction that could stir up asbestos takes place near an area where children congregate, and there are schools and rec centers right near the Lennar project. But the subcontractor handling the tests bungled them, so for 13 months there was no data on air quality at all.

The Muhammad University of Islam, a private school that adjoins the site, has been demanding better monitoring and asking for students to be relocated if the site isn’t safe. Some of the tactics of school representatives have been questionable: Department of Public Health workers going door to door in the neighborhood report that school supporters followed and intimidated them. And since there’s naturally occurring asbestos in rock, and the substance is used in products like car brakes, it’s entirely possible that there’s some presence of the deadly fibers in the air anyway, unrelated to anything Lennar may have done wrong. The Department of Public Health wants to avoid a needless panic.

But that doesn’t change the basic point: if there’s toxic dust in the air, and kids are being exposed, the public needs to know about it.

There is no safe level for asbestos exposure. The stuff can linger in the ground for years, and if it’s even slightly stirred up, it gets into the air, and breathing it is directly linked to fatal lung disease. It wouldn’t be that hard for a city team to take a few samples from the soil around the construction site; if the stuff is pretty thick on the ground, then kids clearly shouldn’t be playing there, and if the levels are even minor, then parents ought to be aware.

The supervisors failed on a 6–<\d>5 vote to approve a measure that would have called on Lennar to shut down construction, but they can certainly direct the Department of Public Health to conduct some basic safety tests — and make the results public.<\!s>*

Green City: Signs of asbestos

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› sarah@sfbg.com

A new front has opened up in the fight for environmental justice in the asbestos-dusted Bayview–Hunters Point community, this time featuring a Nation of Islam–affiliated nonprofit that’s using Proposition 65 — California’s "right to know" law — to force Lennar Corp. to take responsibility for what activists say is a failure to provide clear and reasonable warning that thousands of Californians are being exposed to asbestos on a daily basis in Bayview–Hunters Point.

It’s a creative use of the 21-year-old law to promote environmental justice.

On Aug. 2, the Center for Self-Improvement and Community Development, which runs the Muhammad University of Islam school next to the Parcel A work site, filed suit individually, and on behalf of the public, against Lennar Corp., Lennar Homes of California, Lennar Communities, Lennar BVHP, Lennar Associates Management, and Lennar’s subcontractor, Gordon N. Ball.

At issue is the alleged failure of Lennar and its subcontractor to notify the surrounding community of exposures to asbestos dust during the 16 months that an entire hilltop has been graded on Parcel A of the Hunters Point Shipyard in preparation for developing a 1,500-unit condominium complex.

The suit contends that Lennar and Ball engaged in construction site activities, including grading, scraping, and excavation of materials containing asbestos as well as storage and transportation of materials off site, and continues to engage in these activities without first providing "the adjacent community and persons working at the site with toxic health hazard warnings under California’s ‘right to know’ law."

Enacted in 1986, Prop. 65 was intended to protect California citizens and the state’s drinking water sources "from hazardous chemicals and to inform [citizens] about exposure to any such chemicals." As such, it requires the state to maintain lists of hazardous chemicals and requires businesses to provide a "clear and reasonable warning" before exposing individuals to any of these listed chemicals.

But though asbestos has been listed as a carcinogen since 1987 and has been subject to Prop. 65’s warning requirements since 1988, Minister Christopher Muhammad, who heads the school, claims he first learned that asbestos was in Lennar’s Parcel A construction dust six months after grading began in 2006 —and two months after Lennar admitted to the city that its air monitoring equipment hadn’t been working.

"I did not know that the dust contained asbestos until a young worker, Christopher Carpenter, blew the whistle in October 2006, the same day he got fired from the site after asking the crew to stop digging on account of the dust being too heavy," Muhammad told the Guardian. He recalled how Carpenter visited the school, worried it hadn’t been notified after he saw children playing right next to Lennar’s site.

"The dust clouds were so thick during the summer of 2006, they were like minitornadoes on the hill, which is surrounded by water, so the wind swirls upwards," Muhammad said. He noted that the baseball courts, classroom windows, and jungle gym are 10 feet from a chain link fence that is the only thing separating Lennar’s site from the school, and noted that a Boys and Girls Club, a public housing project, and many residences lie in close proximity to Parcel A, whose dust was seen drifting across the entire neighborhood.

There’s a strong case here: there’s no doubt that the construction project was generating asbestos dust — and still may be. The suit seeks to prohibit Lennar and Ball from engaging in construction activities or any other work at the site "without first providing clear and reasonable warnings to each exposed person residing, working, or visiting the adjacent community and to workers at the site regarding asbestos exposures."

Enforcing Prop. 65 is the responsibility of the state attorney general, the local district attorney, or the city attorney, but as attorney Andrew Packard told us, the law also allows private entities to sue.

Matt Dorsey, spokesperson for City Attorney Dennis Herrera, said the office is "keeping an eye on the situation, including this private effort, and would take it very seriously if a determination is made that a case of action exists in favor of the city."

Comments, ideas, and submissions for Green City, the Guardian‘s weekly environmental column, can be sent to news@sfbg.com.

Redevelopment’s new face

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› sarah@sfbg.com

City Hall’s cavernous marble corridors echoed Aug. 14 with the footsteps of a band of sharply dressed African Americans, many of them ministers and all of them come to voice support for Fred Blackwell’s appointment as executive director of the San Francisco Redevelopment Agency.

Blackwell, who has a master’s degree in city planning from UC Berkeley and has been working for the Mayor’s Office of Community Development since 2005, most recently as director, won’t be the first African American to occupy the agency’s top post.

But Mayor Gavin Newsom’s decision to nominate Blackwell was seen by many as a hopeful sign that the agency might proactively address problems that have torn apart the Bayview–<\d>Hunters Point community in the past year and continue to dog the agency in the Western Addition.

These concerns include the suspicion that Newsom’s plan to fold Candlestick Point into the already controversial Hunters Point Shipyard redevelopment project is less about wooing the 49ers to stay and more about jumping into bed with Lennar Corp., a deep-pocketed and politically connected development company (see "The Corporation That Ate San Francisco," 3/14/07).

The deal gives Lennar the right to develop 6,500 new housing units and take over the cleanup of Hunters Point Shipyard — a move mayoral candidate Dr. Ahimsa Porter Sumchai described as "the dirty transfer of the shipyard" (see "And They’re Off," 8/15/07).

A growing body of Bayview–<\d>Hunters Point residents has asked the city to temporarily shut down construction at the shipyard’s Parcel A because of concerns about the toxic dust being kicked up (see "Dust Devils," 8/1/07).

And then there’s lingering ill will from the 1960s, when redevelopment caused the massive displacement of African Americans from the Western Addition.

So will Blackwell be able to solve the agency’s deep-rooted problems? Newsom described Blackwell as "an outstanding choice" when nominating him Aug. 10, while agency commission president Rich Peterson called Blackwell "smart, of high integrity, well known by community leaders, and familiar with the unique opportunities as well as important lessons learned of redevelopment in the city."

But while commissioner Francee Covington declared that "a new day is dawning at the agency" shortly before the commission voted 7–<\d>0 to appoint Blackwell, the African American community still has its concerns.

Minister Christopher Muhammad, who has led the voicing of concerns about the Parcel A dust, was proud to see an African American in a position of leadership. "But we are still going to hold your feet to the fire," he said. "Redevelopment is not just about the redevelopment of physical structures but [also] about the redevelopment of human beings."

Noting that Blackwell is a 1991 graduate of Morehouse College, Rev. Amos Brown said, "I find no fault in this man, and you will not find any either in terms of fitness for this office," while local resident Randall Evans voiced his belief that "the only folks gonna take care of black people’s business are black folks."

Activist-journalist Ace Washington observed that Blackwell is "coming into a very hot seat. He needs some ice cubes to sit down. Only time will tell if he stands by his convictions. It doesn’t matter if the director is black, Latino, Asian, or white. All of us here are saying, ‘Ah, a breath of fresh air.’<\!s>"

Rev. Arnold Townsend said, "We trust the resources are there to help community — and not to tell the community what to do. Because until that dynamic changes, it won’t matter who is executive director."

Blackwell conceded that he had misgivings about heading an agency founded in 1948 to remove blight, a mission that many say has been tainted by racism since its inception. "I admit I was not leaping and jumping when my name first surfaced, but I look forward to working with you all," Blackwell told the commission.

Blackwell later told the Guardian he hopes "to foster a sense of equity and opportunity and a broader vision of community development."

"The legacy of redevelopment and urban renewal is not a good one," he said. "The residue is still there, but trust is only built through action."

Describing the Western Addition and Bayview–<\d>Hunters Point as "two bookends in terms of redevelopment," Blackwell said he hopes "to close out the agency’s relationship with the Western Addition and make sure responsibility is transferred seamlessly to the appropriate agencies."

As for Bayview–<\d>Hunters Point, "we should take stock of what we should and should not do, get on the right track, and create opportunities for people who live there," he said.

But Sumchai wants to put the agency under the control of the Board of Supervisors: "You could appoint Jesus of Nazareth and still have problems as long as the agency is locked into its current structure."

Sup. Ross Mirkarimi says putting an African American at the head of the Redevelopment Agency "makes a lot of sense, considering the egregious and negative impact the agency has had on the African American community…. But no matter how well-liked Fred Blackwell is, that does not compensate for the deficiencies of the Redevelopment Agency’s aims and competence."<\!s>*

Naked Ambition and the Mayor’s Race

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By Sarah Phelan

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Photo by Sarah Phelan

George “Naked Yoga Guy” Davis started to strip off in City Hall, yesterday, shortly after filing his mayoral papers.

Homeless taxi driver and mayoral candidate Grasshopper Alec Kaplan has already removed the numbers from beleagured “D4” supervisor Ed Jew’s alleged house in the Sunset District.

Fellow mayoral challenger and fierce blogger H. Brown has been shooting his mouth off about politics for years.

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And then of course there is artist Chicken John Rinaldi, who pronounces his name Ri-NAL-di.
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But supporters of Dr. Ahimsa Porter Sumchai are accusing the Chronicle of being in Newsom’s back pocket after the daily managed to omit all mention of Sumcahi from its August 11 coverage of the race.

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Ahimsa outside City Hall on August 10, shortly before filing her mayoral papers.

True, Dr. Sumchai was 20 minutes late for her own August 10 press conference–a tardiness she put down to having to travel by public transit.

But Sumchai’s name is clearly on the list of mayoral candidates, and she has been talking about her candidacy since January, when Lennar’s failure to properly monitor and control asbestos dust at Hunters Point Shipyard inspired her to enter the race.

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Josh Wolf, who is also running for mayor, says his decision wasn’t about payback. (Readers may recall that Newsom refused to add his signature to a Board resolution that publicly protested federal interference into an investigation into who assaulted an SFBD officer during a G8 protest turned violent –interference that enabled authorities to circumvent state-approved shield laws and thus keep Wolf in jail for 7 months for refusing to give up his video outtakes of the protest.
“But I’m shocked that Newsom refused to accept a cap on his relection campaign contributions , which have already surpassed $1.6 million,” said Wolf. “What’s he afraid of?”
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Free at last, Wolf files for Mayor of San Francisco

Meanwhile, with rumor having it that Newsom wanted to use Eminem’s Lose Yourself as his 2003 election jingle, what would be an appropriate theme song for Newsom’s 2007 reelection bid,?

Oh, and just in case you are wondering, the Naked Yoga Guy…
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…didn’t take it ALL off. At least not this time around.

Dust storm continues

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The dust is still settling after a contentious Board of Supervisors hearing July 31 about public health problems allegedly related to the 1,500-unit condo complex that Lennar Corp. is building on Parcel A of the Hunters Point Shipyard. Department of Public Health officials succeeded in convincing a narrow board majority not to urge a temporary halt to the project but failed to reassure hundreds of mostly African American residents of Bayview–Hunters Point that their health has not been negatively impacted by Lennar’s inability to properly monitor naturally occurring asbestos and control dust at the hilltop site.

At the hearing, minister Christopher Muhammad of the Muhammad University of Islam, which lies adjacent to Parcel A, urged a shutdown and accused the city of "environmental racism," while Dr. Arelious Walker of the True Hope Church of God in Christ and Rev. J. Edgar Boyd of Bethel AME argued that the project is safe and beneficial to the community and that, in Walker’s words, there is "no evidence to warrant a shutdown." Many project supporters were brought in by Lennar on buses. Some observers called the clash "a holy war in the Bayview."

After the board voted 5–6 against a shutdown, there were angry allegations that some pastors had not publicly disclosed their financial interest in seeing the construction project continue. During the hearings, neither Walker nor Boyd disclosed that they had a contract with Lennar to build 200 homes on Parcel A. Reached by phone, Walker denied any self-interest in recommending that Lennar’s construction project continue. "My history disproves that," Walker told the Guardian. "If anyone unearths any evidence of harm, I’d back off my support."

The federal Agency for Toxic Substances and Disease Registry is doing an assessment based on a July 17 request by the Department of Public Health. In a public health assessment of Oak Ridge High School in El Dorado County, where naturally occurring asbestos was exposed during construction of a playing field, the federal agency found that athletes, coaches, and maintenance workers were "at higher risk [of exposure to asbestos] than previously thought," according to spokesperson Susan Muza. But while the agency recommended soil removal and landscaping, Muza told us it did not recommend the school be relocated or closed.

Meanwhile, Walker also rejects the notion that Bayview–Hunters Point is being torn apart by competing religious factions. "Minister Muhammad’s group has helped prove that there is a serious problem," Walker said. "I applaud him for that. We just disagree about the dust, but that’s not going to bring about a breach. I refuse to let there be a holy war."

Walker said his motive is more African American homeownership. But he learned how tough that is when he developed 20 town houses near Candlestick Point. "We wanted a 50 percent African American homeownership rate, but only two families ended up qualifying," Walker said, blaming "bad credit."

That raises questions about the likelihood that Bayview–Hunters Point’s predominantly African American and low-income community will be able to afford Lennar’s condos, with prices ranging from $300,000 for units required to be "affordable" (about 30 percent of the units) to $700,000 for market-rate units. (Sarah Phelan)

Lennar, asbestos, ATSDR, El Dorado, BVHP

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By Sarah Phelan

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ATSDR’s Region 9 office covers a lot of ground, including San Francisco’s Hunters Point Shipyard.

Susan Muza works at the Region 9 office of the Agency for Toxic Substances and Disease Registry. That’s the agency that agreed on July 17 to do a public health assessment of Lennar’s development at Parcel A of the Hunters Point Shipyard where fear runs high that the community may have been exposed to toxic asbestos dust.

Community members voiced those fears during a July 31 Board hearing, but the Board voted 6-5 against urging the SF Department of Health to temporarily shutting down Lennar’s construction site, until health concerns had been addressed.

As it happens, ATSDR has experience with such assessments in California, thanks to Oak Ridge High School in El Dorado County, where naturally occurring asbestos was identified in surrounding rocks and where a vein of asbestos was disturbed during construction of a soccer field at the school.

Muza told me that at Oak Ridge High, ATSDR sampled and tested soil from baseball and soccer fields, parking lots, as well as dust collected from a school classroom that had potentially been affected by a leaf blower.

What ATSDR found, says Muza, was that “sports coaches, outdoor maintenance staff and student athletes had the potential to be exposed at levels higher than previously thought.”

In the case of Lennar’s Parcel A development, the classrooms and basketball courts of the Muhammed University of Islam sit on the other side of a chain link fence, where massive amounts of asbestos-laden rock were moved in the last year, but where air monitors weren’t operating for three months, and watering was inadequate for six months.

“At Oak Ridge High, we recommended that people try to limit any further exposure and that those most highly exposed inform their physicians that they had potentially been exposed to asbestos, that they should monitor for signs of disease, related to that exposure, and that they should participate in very good preventative care, such as flu shots, to make sure their respiratory health stays healthy,” Muza said.

ATSDR is also monitoring cancer registers in the EL Dorado area.

As Muza notes, “one big problem with asbestos is it has a long lag time. The period between exposure happening and disease manifesting can be 10-40 years.”

Although the San Francisco Department of Public Health has claimed that workers were wearing CAL OSHA authorized asbestos monitors at the Hunters Point shipyard site and that CAL OSHA did not report any exposure exceedances, Muza told me that ATSDR does not support using worker asbestos limits in evaluating community members’ exposures, other than as a reference point.

As ATSDR’s website explains, “worker limits are based on risk levels that would be considered unacceptable in nonworker populations.”
The reasoning behind disqualifying worker limits as a valid assessment tool is that community members may be children who are lower to ground, more active and have higher metabolisms. Or they may be seniors, or residents who live near the site, 24/7.

“No exposure to asbestos is good,” says Muza. “We are all exposed to it, thanks to brake linings, amongst other things, but we want to keep our exposure as minimal as we can.”

In the case of Oak Ridge High, ATSDR recommended some removal activities, because material from the vein of asbestos that got broken when the soccer field was built, got spread around the school.

“And we recommended paving and landscaping activities to reduce people’s ability to being exposed,” adds Muza, noting that ATSDR did not recommend that Oak Ridge High be closed or relocated.

In San Francisco, ATSDR plans to evaluate the asbestos dust mitigation plan that Lennar agreed to when it got the green light to begin development on Parcel A in 2005. ATSDR will also evaluate how Lennar actually implemented that plan, along with results from air monitors, and any other data that they can ascertain will be helpful.

“We also plan to gather community concerns, be very transparent and talk to everyone,” says Muza who has sent out a letter to stakeholders, including the Bay Area Air Quality Management District, the Bayview Hunters Point Project Area Committee, the Hunters Point Shipyard Citizens Advisory Committee, The San Francisco Chapter of the NAACP, the San Francisco Department of Public Health, the San Francisco Redevelopment Agency, and, of course, the Muhammed University of Islam.

Says Muza, “We will summarize the concerns we hear, sort out what we can address from what we can’t and come to the community with a plan.”

Will Lennar ever be fined for dropping the dust ball?

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By Sarah Phelan
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But will the Air Quality District ever levy any asbestos-related fines from Lennar?

If you got the impression from yesterday’s Board hearing that Lennar won’t get fined for screwing up asbestos dust mitigation at Parcel A of the Hunters Point Shipyard, think again. Or, at least, hold that thought for now.

Karen Schlocknick, spokesperson for The Bay Area Air Quality Management District, reports that the air district is still looking into the matter—and has “up to three years” to decide how much to fine Lennar.

One year has already passed since Lennar came forward and admitted that there was a problem with the batteries in its air monitors at Parcel A. So, that leaves the Air District with two more years to make its move, though Schlocknick predicts that, “it won’t take that long”.

Dust devils

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› sarah@sfbg.com

A year has passed since Lennar Corp. officials admitted that subcontractor CH2M Hill failed to install batteries in dust-monitoring equipment at Parcel A, a construction site in Hunters Point Shipyard where an asbestos-laden hilltop was graded to build 1,600 condominiums (see "The Corporation That Ate San Francisco," 3/14/07).

The admission sparked a steadily growing political firestorm in Bayview–Hunters Point, further fueled by evidence that Gordon Ball, another Lennar subcontractor, for six months failed to adequately water the site to control dust and by a racially charged lawsuit in which three African American employees of Lennar allege they were subjected to discrimination and retaliation after they refused to remain silent about the dust issue. The lawsuit, set for a case management hearing Aug. 17, also claims that Ball committed fraud involving the Redevelopment Agency’s minority-hiring requirements.

Bayview–Hunters Point residents angry about the situation have found an ally in Sup. Chris Daly, who has called for a halt to construction at the site until an independent health assessment is conducted to the satisfaction of the community, including the Muhammad University of Islam School, which is adjacent to the Parcel A site and has been exposed to dust. The Board of Supervisors was scheduled to consider Daly’s resolution Jul. 31, after the Guardian‘s press time.

"This issue is of such a high level of importance," Daly told us. "There’s now a mandate for progressives in San Francisco to talk about environmental justice and to take action."

Sup. Sophie Maxwell, whose district includes the shipyard, told us that she understands the concerns of Daly and the community. "But when you get down it … the dust is inconvenient, but it is not harmful in the long term," she said.

Maxwell believes the city’s Department of Public Health should have done more outreach and updates, "but it has brought the situation under control." That sentiment was echoed by the city’s environmental health director, Dr. Rajiv Bhatia, who told us, "This is the first time we have implemented dust control, and this is an industry that had never been regulated. And in the end, things got better. We did our job in pushing a regulated community that grudgingly complied with our regulations."

In June, after residents complained that the dust was causing nosebleeds, headaches, and asthma, the DPH released a fact sheet that stated, "You may have heard there are reasons to worry about your health because of the construction dust generated by the redevelopment of Parcel A of the Hunters Point Shipyard. That is not true."

A July 5 informational DPH memo claims that when workers tried to do dust training and outreach at the end of June, their efforts "were significantly hindered by representatives of the Muhammad University of Islam," who allegedly disrupted training sessions, followed DPH workers, and told residents not to listen to the DPH workers.

On July 9, DPH director Mitch Katz testified at a hearing of the supervisors’ Land Use Committee that the city had imposed the highest standards possible to control dust. Katz also claimed that exposure to the dust was not toxic and that there is no proof that health problems were caused by the dust.

But at the same hearing, Nation of Islam minister Christopher Muhammad demanded testing "by people the community can trust," and he accused the city of "environmental racism." Noting that asbestos-related diseases often don’t manifest themselves for at least 20 years, Muhammad claimed, "The problem that we’re seeing in Bayview–Hunters Point is dust related."

After the DPH abandoned plans to do door-to-door outreach in favor of a series of health fairs, a coalition of activists calling itself POWER (People Organized to Win Employment Rights), some wearing masks and hazmat suits, closed down a July 17 homeownership seminar at Lennar’s shipyard trailer.

"Some folks did a picket outside, while inside, folks who own homes or live in public housing in the area were asking a lot of questions," POWER’s Alicia Schwartz told us. "We are for development that prioritizes the needs of low-income communities of color who have long been absent from the decision-making process, not development that puts the health and safety of families and the elderly at risk."

Two days later Marcia Rosen resigned as executive director of the San Francisco Redevelopment Agency. SFRA board member London Breed told us that the resignation was "a long time coming" and said she wished Rosen had taken a stronger stand on Lennar and Ball in the winter of 2006.

Breed says the agency "will always be a bad word to African Americans because of what happened in the Western Addition…. But we have a great opportunity in Bayview–Hunters Point to make it into something wonderful for the community."

Maxwell, whose grandson attended the Muhammad school’s Third Street campus, wonders why the minister refuses to move his students back to Third Street. "Lennar understands that this has become a PR nightmare and they are going to have to get contractors who are supportive of and understand the rules and regulations," said Maxwell, who is about to introduce legislation that she hopes will better control construction dust citywide.

Meanwhile, Dr. Arelious Walker of the True Hope Church of God in Christ told us that he and a group of like-minded pastors have formed the African American Revitalization Consortium, "a highly vocal and visible group in strong opposition to the shutting down of the shipyard without scientific proof."

"We support 100 percent the notion that the dust from Parcel A does not cause any long-term health risks. The project must continue because of its economic impacts. One little group does not speak for us all," said Walker, who met with Mayor Gavin Newsom, Maxwell, and Katz on July 23.

Acknowledging that the outcry over Parcel A has raised awareness of the dust issue, Walker said, "For years in the urban community, the environment was not the issue, but now we’ve woken up." Walker and his fellow ministers rallied about 200 people at City Hall on July 24 to express support for Lennar’s development and confidence in city officials.

Yet Daly said that faith may be misplaced: "It’s going to be a struggle to deal with the construction-related impacts of Lennar’s development at the shipyard, but the issue is much bigger, and it points to the need for an alliance between progressives, the African American community, and the southeast neighborhoods." *

Lennar’s Bad News Bears

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image002.jpg
Marc McGuire, a tile contractor from San Diego, and CALPASC’s Brad Diede on CNBC this spring to discuss accusations that Lennar has been extorting its contractors

A few months ago, we reported how Lennar had been giving contractors a choice between a rock or a hard place: reduce their unpaid invoices by up to 20 percent—or be excluded from bidding work for a minimum of six months.
Today comes word that the company, which is poised to build condos on most of San Francisco’s underdeveloped lands, including Bayview Hunter’s Point and the decommissioned Hunters Point Shipyard, has just posted a second quarter loss–and it is expecting more losses this year.
Blaming high inventories and dropping real estate prices, and with his company reporting losses of $1.55 per share, Lennar President and Chief Executive Stuart Miller announced, “As we look to our third quarter and the remainder of 2007, we continue to see weak, and perhaps deteriorating, market conditions.”

This time last year, the nation’s biggest home builder was posting a profit of $324.7 million, or $2 per share. But Lennar not alone in its real estate woes. As its quarterly revenue slips 37 percent to $2.88 billion (compared to $4.58 billion this time last year,) the National Association of Realtors reports that sales of existing homes fell for a third straight month in May, the median sales price declined for a record 10th consecutive month and the inventory of unsold homes reached its highest level in 15 years.

Or as Miller put it, ” The supply of new and existing homes has continued to increase resulting in declining home prices across our markets.”

And here comes the part that should really sound the alarms in San Francisco, where a large number of subcontractors look to Lennar for their daily bread. Asked what Lennar intends to do about its financial picture, Miller said his company is “focused on expenses, reducing construction costs and pushing sales to manage inventory.”

With Mayor Gavin Newsom having hastily amended the BVHP redevelopment plan so the Navy could hand the hazardous shipyard over to Lennar for clean up, (despite the company’s ongoing problems monitoring asbestos dust on an adjacent parcel of land), all so he can try and keep the 49ers in town, here’s hoping all the agencies that regulate and oversee Lennar, and not just the local impacted communities, will be watching this project like hawks.

Artists put down paint brushes and pin Lennar down

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By Sarah Phelan

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Shipyard artist Lynn Rubenzer in her studio

So, the artists at Hunters Point Shipyard succeeded in getting their concerns mentioned in the “Conceptual Framework” for the Bayview Hunters Point redevelopment project, which is more than they had a week ago.
States the new improved draft, “The Project shall provide at affordable rates new or renovated permanent space at the Shipyard sufficient to accommodate the existing artists. The construction of the Project must be phased to ensure that the existing artists have the right to move to the new or renovated permanent space, without being displaced from the Shipyard. To achieve these objectives, the City, the Agency and the Primary Developer will work in consultation with the artists to create the plan for the permanent affordable facilities, including any relocation plan.”
Now, objectives aren’t quite the same as the end product. Experience suggests that the artists are gonna have to focus on a whole bunch of meetings if they’re going to have a prayer of keeping Building 101 and getting a Shipyard Center for the Arts, as they apparently would like.
Especially, if the 49ers dump San Francisco for Santa Clara as planned.
sure, Lennar’s conceptual framework also aims to “ensure the revitalization of the Project Site, comprised of Candlestick Point and Phase 2 of the Shipyard, and the generation of public benefits to the community and the City from development, even if the 49ers do not build a new stadium at the site.” But that doesn’t mean anyone, least of the artists, should take their eyes of the ball just yet, especially as the debate about an early transfer of the shipyard’s Parcel B, C, D, E and F is far from over. Stay tuned.

On point

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> sarah@sfbg.com

April has been an exceptionally busy month for the artists at the Hunters Point Shipyard. In addition to dusting off work spaces in preparation for the upcoming Spring Open Studio, the 300-member colony is scrambling to track the implications of Mayor Gavin Newsom’s ever-shifting effort to keep the 49ers in town, particularly as it affects the artists who have rented space at the base for 30 years.

Newsom’s latest proposal involves building a football stadium in the shipyard rather than at Candlestick Point. That’s likely to displace a group that claims to be the largest colony of artists in the nation – unless the mayor can find a place for them in his hasty plans.

"Hellzapoppin’" is how shipyard artist Marc Ellen Hamel described the recent flurry of redevelopment-related meetings. Newsom says he needs to fast-track the transfer of the shipyard from the Navy to the city if he is to meet the 49ers’ deadline for being in a new stadium by 2012.

The blitz was triggered by the 49ers’ announcement in December 2006 that they were considering a move to Santa Clara – which team officials in part blamed on Newsom’s inattention – leading some Bayview-Hunters Point residents to complain that they’re paying the price for the administration’s fumble. Newsom has proposed folding Candlestick Point and the shipyard into a giant 2,000-acre redevelopment project – to be managed by the Lennar Corp., whose profits are nose-diving and which is being sued for alleged whistle-blower retaliation in connection with its failure to control toxic asbestos dust at the site.

"Newsom’s latest plan confirms his critics’ worst fears that this is a bait and switch," said builder Brian O’Flynn, who was part of last year’s referendum drive to put the city’s previous Bayview-Hunters Point redevelopment plan on the ballot and this year’s lawsuit to force a vote. "This latest plan is about political coverage for the mayor in an election year."

His group, Defend BVHP Committee, was already concerned about Newsom’s role in thwarting a vote on the old plan and has even more concerns about the new plan. "If the 49ers leave and the stadium plan is off the table, then Newsom’s latest proposal will make way for more condos for Lennar," O’Flynn told the Guardian.

Matt Dorsey of the City Attorney’s Office said that regardless of whether the city was right to strike down the referendum – as he maintains state case law required – the new plan will get more scrutiny. The Board of Supervisors voted in February to support Newsom’s approach to the shipyard but stipulated that the terms of any such transfer "require approval by the Recreation and Park Commission, the Board of Supervisors, and such other possible approvals, including voter approval."

The artists’ colony is waiting to learn the specifics of Lennar’s redevelopment proposal, which talks of creating "permanent space for the artists at Hunters Point Shipyard," along with new waterfront parks, 8,500 units of housing, and job-generating development. So far, Michael Cohen of the Mayor’s Office and Lennar’s Kofi Bonner are only shopping around what they call a "conceptual framework," which vaguely describes the parameters for merging the yard and Candlestick Point.

The city has promised to replace all existing low-income housing at the Alice Griffith projects and to phase in new units carefully so as not to displace current residents. The artists have not received such promises. They don’t know if they’ll end up paying double the price for half the space they currently occupy, which amounts to 248,400 square feet, according to building 101 artist David Trachtenberg.

But with Lennar announcing a two-year planning goal and talking about an arts-themed development, the colony is formuutf8g its own ideas about how such a plan could work.

"The shipyard is almost like an artists’ retreat," Estelle Akamine told us, as five colleagues spoke passionately about the light, desolation, and poppies that attract artists to the base.

"But it didn’t always feel like a retreat," recalled Akamine, who has rented at the shipyard for 18 years. "There was a lot of trauma in the 1980s when we thought that the USS Missouri was going to be home-ported here. So we’re very skeptical of plans. We were born out of politics."

The Mayor’s Office claims the city is working to expedite the cleanup and transfer of the shipyard not only to adhere to the 49ers’ timeline but also to "allow us to move forward with community benefits like parks, affordable housing, and jobs for the Bayview." Trachtenberg believes the mayor has a strong interest in keeping artists at the yard too.

Newsom promotes his proposal as a way to create jobs and revitalize the BVHP economy. Akamine said, "Artists are the tip of the iceberg. We’re the visible part of a huge, largely hidden industry." Recalling how artists in SoMa fell victim to the dot-com boom at the end of the ’90s, Akamine hopes such displaced organizations will be able to relocate to the shipyard.

"Why can’t we have galleries and suppliers down here too?" she asked.

April Hankins, who rents a studio in building 117, wants to see "performance space for productions, community theater and music, and touring groups. We are discussing space for classes. Ideally, it could make San Francisco a destination for the arts."

Dimitri Kourouniotis, who rents in building 116, is stoic about the inconvenience he’s already endured, thanks to the Navy’s radiological remediation on Parcel B, where his studio is situated.

"We have already had to leave temporarily," said Kourouniotis, explaining how a three-week project to remove radiological contamination from sewers and pipes ended up taking five months and left six buildings without running water or plumbing.

Hamel, who’s rented a studio in building 101 for 15 years, wants people to know that there’s "nothing wrong" with the artists at the shipyard. "We’re not contaminated, and none of the artists have had problems with illness from possible toxic elements," she says, while Hankins compares artists to the athletes that Newsom is apparently scrambling so hard to keep.

"Both need an arena in which to exhibit increasing skill," Hankins says. "An artist’s work and an athlete’s performance is their gift to their audience. In showing patronage, ball games with high ticket prices are attended; art is collected. In communities and teams, both nourish the culture of the city for which they perform. It would be a great loss to the Bay Area to have the shipyard artist community become a redevelopment casualty." *

Spring Open Studio runs April 28-29, 11 a.m.-6 p.m., at the Hunters Point Shipyard. For more information, go to www.springopenstudio.com.

Artists to Newsom-Lennar: Get specific

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By Sarah Jane Phelan
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Estrelle Akamine, shipyard artist and Spring Open Studio coordinator, at work in her Hunters Point Shipyard studio.

As the 49ers roll out the financial details behind their plan to relocate to Santa Clara, the artists at Hunters Point Shipyard are trying to work out what Mayor Gavin Newsom’s “with or without the 49ers” redevelopment proposal means for their artist colony, which has been at the shipyard for 30 years.

The artists aren’t the only ones.

At last night’s meeting at the Southeast Community Facility, the audience weren’t the only ones unable to get their hands on a hard copy of the latest version of proposal, whose wording keeps changing faster than you can say, “bait and switch.” As a result, members of the Mayor’s Hunters Point Shipyard Citizens Advisory Committee and the Bayview Hunters Point Project Area Committee ended up voting to integrate the shipyard and Candlestick Point into one big old redevelopment project—WITHOUT HAVING A COPY OF the mayor’s most recent proposal in their hands.

Contractors accuse Lennar of Extortion

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By Sarah Phelan
Lennar has been giving contractors a choice between a rock or a hard place: reduce your unpaid invoices by up to 20 percent—or be excludedfrom bidding work for a minimum of six months. Nice, real nice.

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Marc McGuire, a tile contractor from San Diego, and CALPASC’s Brad Diede on CNBC yesterday to discuss accusations that Lennar is extorting contractors

Three top Lennar executives sent these demands to contractors in Southern California in a letter dated January 16, 2007. So far, no similar letters have emerged locally, but that doesn’t mean similar demands haven’t been happening here, warns Brad Diede. Diede is executive VP of the Sacramento-based California Professional Association of Specialty Contractors, which represents 500 trade contractors and construction suppliers nationwide.

Outraged, Diede fired off a letter to Attorney General Jerry Brown, in which he wrote,
“We believe this potentially criminal act is a flagrant example of the abuses of power builders exercise over trade contractors in the State of California.”

But so far, Lennar has not been found guilty of civil or criminal violations in this case.

Unanswered questions

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› sarah@sfbg.com

Bayview–Hunters Point resident Espanola Jackson says her phone rang off the hook after the San Francisco Chronicle printed her photo — but none of her concerns — under the headline "Residents Like Plan to Revitalize Area." It was part of the newspaper’s extensive coverage of Mayor Gavin Newsom’s plan to rebuild the community around a football stadium.

"People called to say, ‘You need to sue the Chronicle,’ " Jackson told the Guardian. Newsom wants to entrust Florida-based developer Lennar Corp. with cleaning up the five highly contaminated Hunters Point Shipyard parcels. Jackson finds this plan worrisome because, as the Guardian recently revealed ("The Corporation That Ate San Francisco," 3/14/07), Lennar was cited multiple times last year for failing to monitor and control dust and asbestos at Parcel A, the first and only piece of the shipyard that the Navy has released to the city as ready for development. Lennar is also being sued by three employees for allegations of racially charged whistle-blower retaliation in connection with the problems on Parcel A (see "Dust Still Settling," 3/28/07).

Beyond her problems with Lennar, Jackson worries that Newsom’s plan doesn’t account for climate change or the true cost of shipyard cleanup.

"Because of global warming, that entire area is going to be underwater," Jackson said. "And if Michael Cohen [of the Mayor’s Office of Base Reuse] and the rest of them are really interested in cleaning up the area, they should send a resolution to the Board of Supervisors requesting that Dianne Feinstein, Barbara Boxer, and Nancy Pelosi appropriate $5 billion, which is what it will really take to clean up the shipyard."

Jackson was also frustrated that neither the Hunters Point Shipyard Restoration Advisory Board, which is composed of local residents, tenants, and environmental and community groups, nor the regulators overseeing the cleanup have been consulted by the mayor in his haste to try to keep the 49ers in town by quickly building a new stadium.

Jackson, who bought a home in the Bayview 34 years ago, said residents want a thorough cleanup, not a rush job. That was what city residents said in November 2000 when they overwhelmingly approved Proposition P, demanding that no transfer of property take place "until the entire Shipyard is cleaned to residential standards."

"It’s a landfill, and it needs to be removed," Jackson said.

Yet Lennar, which won the contract to redevelop the shipyard, is in a worsening financial position to deal with unexpected challenges at the site. The company’s profits plummeted more than 70 percent in the first quarter of 2007 because of the slumping housing market. Jackson doesn’t believe the cleanup will cost $300 million, a figured touted by Cohen, but she questions where the cleanup money will come from.

"Only white folks will be able to afford the 8,900 housing units that Lennar is proposing to build near the stadium," Jackson said.

The Chronicle‘s overwhelmingly positive coverage of the mayor’s shipyard plan came shortly after Lennar Urban president Kofi Bonner wrote to the Board of Supervisors and the San Francisco Redevelopment Agency claiming that articles in the Guardian and the Chronicle about Lennar’s asbestos and dust problems at the shipyard and the lawsuit by employees "are full of errors, inaccuracies and misinformation."

Asked what errors Bonner was referring to, Lennar spokesperson Sam Singer told the Guardian, "My main complaint is with the lawsuit, which contains numerous false allegations, and with the Chronicle‘s article, which called these employees ‘executives.’ " Lennar has not requested any corrections of Guardian articles.

Asked about the lawsuit’s claim that Bonner sat by and allowed the alleged discrimination to happen, Singer told us, "Kofi is one of the leading African American executives in the nation." Neither Bonner nor Lennar vice president Paul Menaker, who are both named in the whistle-blower suit, returned the Guardian‘s calls as of press time.

Attorney Angela Alioto, who represents the three African American Lennar employees suing the company, told the Guardian that Singer’s defense of Bonner is "racist."

"Just because Kofi is African American means he couldn’t discriminate?" Alioto asked.

Equally disturbing is the Mayor’s Office’s reliance on Lennar for accurate information about the developer’s performance at the shipyard. When the Guardian contacted Newsom press secretary Nathan Ballard for comment about Lennar, he wrote to the Guardian, "You might want to give Sam Singer a call. He’s the spokesperson for Lennar and can really answer questions about that stuff … accurately."

After making it clear that we wanted Newsom’s perspective, not Lennar’s, Ballard wrote that the Mayor’s Office is "confident the systems we have in place will protect human health," an answer that dodges our question about the violations that happened over a six-month period in 2006.

Insisting that Lennar will not be asked to take over the cleanup, Ballard claimed that "if the city pursues an ‘early transfer’ with the Navy, a specialized environmental remediation firm, not Lennar, would finish certain elements of the cleanup. And the city will have extensive oversight over any such work."

Ballard refused to comment on the suit brought against Lennar by three of its employees but went into detail about the Restoration Advisory Board, which he said was "created by the Navy to advise the Navy."

"The city created its own Citizens Advisory Board independent of the Navy for local input from the Bayview community," Ballard claimed.

He also maintained that the "Navy is and will always remain legally responsible for paying for the cleanup. Over the last three to four years, we have secured more cleanup money for the shipyard than any other closed Navy base in the county. We intend to have those robust funding levels continue."

This was also one of the most toxic bases in the country, which is why the conversion effort has been difficult. Plaintiff Guy McIntyre also alleges it is complicated because of chicanery. Before being demoted, McIntyre said he told his bosses there were "severe discrepancies in the invoicing submitted by Gordon Ball," which has a $20 million construction contract with Lennar.

"Specifically, while Gordon Ball stated that over $1 million was going to a certain minority-owned subcontractor, only a small fraction of that money was actually going to the subcontractor," the lawsuit contends.

We have been trying to review those public records, so far without success. James Fields, contract compliance supervisor for the Redevelopment Agency, told us that Gordon Ball subcontracted with several minority business enterprises, including Michael Spencer Masonry, Oliver Transbay, Remediation Services, Bayview Hunters Point Trucking, and Gordon Ball’s joint-venture partner, Yerba Buena.

Fields said, "I have been advised that the project manager usually presides over the collection of the data but that they are out of the country. Because the project is substantially completed, we will ask the prime contractor, which is Ball, and the minority business enterprises and the women business enterprises under Ball to show us how much they were paid, then compare the sets of records."

In other words, there are still more unanswered questions about Lennar and its subcontractors. *

Dust still settling

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› sarah@sfbg.com

A racially charged lawsuit by a trio of Lennar Corp. employees accuses the developer of exploiting and endangering Bayview–Hunters Point residents. It also offers an inside look at how the company responded to an asbestos dust scandal first reported by the Guardian ("The Corporation That Ate San Francisco," 3/14/07) and raises questions about Mayor Gavin Newsom’s plan to give Lennar more control over the toxic Hunters Point Shipyard.

The suit was filed by three prominent African American community members — Clementine Clarke, Gary McIntyre, and Ceola Richardson — whom Lennar, a Florida-based megadeveloper, hired as liaisons to the community and its subcontractors. They are represented by attorney Angela Alioto, a former supervisor and mayoral candidate. The lawsuit alleges racial discrimination and harassment (mostly by local Lennar vice president Paul Menaker), retaliation for whistle-blowing, failure to prevent discrimination and harassment, and intentional infliction of emotional distress.

The plaintiffs allege that Menaker, who is white, made disparaging comments about African American workers and community members. "Menaker frequently yells at Plaintiff and other African-American employees, but does not yell at non African-Americans," alleges the lawsuit, which also accuses Menaker of delaying payments to African American clients but not to those of other races.

The plaintiffs also claim that after Minister Christopher Muhammed of the Muhammed University of Islam, which sits adjacent to the Parcel A site where Lennar is working and was exposed to dust from the project, brought his students to Redevelopment Agency meetings and asked that construction cease until the school was permanently relocated, Menaker referred to him as a "shakedown artist."

Perhaps of greater concern to the public are the lawsuit’s allegations that Lennar executives ignored McIntyre’s warnings that Lennar subcontractor Gordon Ball was neglecting to control dust at the site and that Lennar employees were ordered to maintain a "code of silence" about subcontractor CH2M Hill’s failure to monitor asbestos, for which Lennar was cited by local and state officials. McIntyre claims that after blowing the whistle on Gordon Ball, he was demoted and denied further information on how the company was handling dust, even as he was expected to tell the community that Lennar was taking all the necessary steps to protect public health.

Lennar spokesperson Sam Singer told the Guardian the lawsuit contains "numerous false allegations" — then pointed the finger at McIntyre.

"Gary McIntyre was in charge of overseeing contracts," Singer told us. "It was on his watch when incidents of dust occurred, and members of the black community called up and complained and demanded that he be replaced. Were there some violations? Yes. Were they disastrous? No. People in the community didn’t want Gary in that position. Numerous dust mitigation workshops were held by Lennar and Arc Ecology, and in September we held a special meeting to discuss the violations."

Clarke, a Newsom-appointed fire commissioner and Lennar’s community benefits manager, told us she felt "stuck between a rock and a hard place" when Menaker told her and McIntyre not to mention the asbestos dust monitoring had been botched. By then, Clarke recalled, McIntyre had already been demoted for criticizing subcontractor Gordon Ball.

"Gary had been complaining to Paul Menaker that the leadership at Gordon Ball was not following the dust control policy," Clarke said. "Gary was constantly trying to get Gordon Ball to do what was right. After Gary was demoted, he was placed on Porta-Potty and Baker Tank duty."

"It was done to make me quit," McIntyre told us of his demotion. "Before that, I was told that I need to back off subcontractor Gordon Ball, then I was deliberately taken out of the loop."

The allegations cast a new light on Lennar’s claims to us that it volunteered the information about the faulty asbestos monitoring, suggesting the company might have been concerned about McIntyre blowing the whistle to city officials who were already asking questions about dust and asbestos levels.

The day after McIntyre’s Aug. 1, 2006, demotion, Menaker told Clarke and McIntyre the asbestos monitoring data could not be verified.

"I would have liked to see a report from CH2M Hill on what exactly happened," McIntyre told us. "First I heard it was record falsification, then human error, then a problem employee, then battery malfunction. I complained to my manager, Paul Menaker, but I never saw a report."

Clarke and McIntyre said Lennar’s code of silence left them in an awkward position within their community.

"When the community was asking, ‘What’s up with asbestos and dust?’ Gary was to go out and explain," Clarke told us. "So when Gary was taken off the project but his name was kept in the community as project manager, I said, ‘Y’all have cut this man’s testicles off by taking him off this site.’ "

"How can you go out and talk to the community about dust if you’re not in the loop?" McIntyre asked us. "But it wasn’t just a code of silence. It was also that we were blind and deaf, since we couldn’t see reports or attend meetings."

All three say they began to feel like Lennar was hurting their community.

"To me," McIntyre told us, "Minister Muhammed represents the African American community. When I looked his schoolkids in the eye, I thought these kids are thinking that I’m the one who is doing this to them."

Things came to a head for McIntyre at Newsom’s Feb. 10 town hall meeting in Bayview.

Observing that Lennar had been issued with notices of violation and that public health concerns had been raised, Newsom asked, "Is someone from Lennar here to secure my confidence?"

"I waited for Kofi [Bonner, president of Lennar Urban] and Paul to say something, but they didn’t even show up," McIntyre recalled. "So I took the mic, looked the minister in the eyes, and said, ‘We have carried out an investigation, placed additional monitors in the community. We’re trying to keep you and the San Francisco Redevelopment Agency up to date.’ "

When someone in the town hall audience accused Lennar of "harming a community that’s already been harmed," McIntyre said. "We’re taking the most aggressive steps we could."

But inside he felt that he had been made into Lennar’s scapegoat. "I wouldn’t have taken this job if I’d known," McIntyre said.

Clarke agreed. "All you’ve got is your name. The corporation tried to take all that away. At least now I can sleep at night."

Six days after the meeting, Newsom proposed accelerating the transfer of the shipyard from the Navy to the city and Lennar in order to facilitate construction of a new stadium for the 49ers. Newsom’s spokespeople did not return calls for comment. *

Another one bites the dust

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By Steven T. Jones
Charlie Goodyear, a veteran political reporter for the Chronicle and my colleague on the City Desk NewsHour, has resigned from his journalism jobs to work for high powered flack Sam Singer, whose clients include Lennar Corp., the 49ers, and former Newsom consorts Alex and Ruby Tourk. I like Charlie and have respected his work, so it’s sad to see yet another experienced journalist leave the business. Like most who have done so, Charlie was pushed out by the increasingly unhappy environment at the Chronicle, which is pursuing yet another round of staff reductions, and pulled by the lure of big money offered by the public relations industry.

Another one bites the dust

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By Steven T. Jones
Charlie Goodyear, a veteran political reporter for the Chronicle and my colleague on the City Desk NewsHour, has resigned from his journalism jobs to work for high powered flack Sam Singer, whose clients include Lennar Corp., the 49ers, and former Newsom consorts Alex and Ruby Tourk. I like Charlie and have respected his work, so it’s sad to see yet another experienced journalist leave the business. Like most who have done so, Charlie was pushed out by the increasingly unhappy environment at the Chronicle, which is pursuing yet another round of staff reductions, and pulled by the lure of big money offered by the public relations industry.

SFBG to Lennar: Show us the “errors,” please

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By Sarah Phelan

Earlier today, I got a call from San Francisco Chronicle reporter Rob Selna alerting me that Lennar’s Kofi Bonner has submitted a letter to the San Francisco Board of Supervisors and the San Francisco Redevelopment Agency, alleging that recent stories in the Chronicle and the Bay Guardian concerning Lennar, “contain a number of errors, inaccuracies and misinformation.”


View the letter here (PDF file)

That’s funny, because the Bay Guardian hasn’t received any communications from Lennar or Bonner concerning our coverage of Lennar’s failures to monitor and control asbestos dust at the Hunters Point Shipyard, which we documented in our cover story, last week. Nor have we received letters regarding SFBG’s coverage of the lawsuit that three Lennar employees have brought against the mega developer.

In that suit, the trio allege that Lennar retaliated against them for questioning construction dust, imposed a code of silence and targeted them and other African Americans in the workplace with racial discrimination and harassment.

As author of both pieces in the Bay Guardian, I challenge Bonner to “delve” into my alleged errors, inaccuracies and misinformation, and explain exactly he is referring to, or write a retraction.

Meanwhile, members of the BVHP community are holding a press conference today at 5pm at Alex Pitcher Community Room, Southeast Community College, 1800 Oakdale Avenue. Stay tuned…

The corporation that ate San Francisco

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› sarah@sfbg.com

For the past decade, Florida-based megadeveloper Lennar Corp. has been snatching up the rights to the Bay Area’s former naval bases, those vast stretches of land that once housed the Pacific Fleet but are now home to rats, weeds, and in some places, low-income renters.

When the Navy pulled out of Hunters Point Shipyard in 1974, it left behind a landscape pitted with abandoned barracks, cracked runways, spooky radiation laboratories, antique cranes, rusting docks, and countless toxic spills.

A quarter century later, Lennar came knocking at the shipyard’s door — and those of other military bases abandoned in the waning days of the cold war — recognizing these toxic wastelands as the last frontier of underdeveloped land in urban American and an unparalleled opportunity to make big money.

Lennar had already won its first battle in 1997, seizing control of the Bay Area’s former military pearl in Vallejo when it was named master developer for the old Mare Island Naval Shipyard. Two years later it almost lost its bid for Hunters Point Shipyard when a consultant for the San Francisco Redevelopment Agency recommended giving the development rights to the Ohio-based Forest City.

Lennar fought back, calling on politically connected friends and citing its deep pockets and its track record at Mare Island.

A parade of Lennar supporters, many of them friends of then-mayor Willie Brown and Rep. Nancy Pelosi, told the Redevelopment Agency commissioners that Lennar was the only developer that had bothered to reach out to the Bayview–Hunters Point community. In the end, the commissioners — all of them mayoral appointees — ignored their consultant’s advice and voted for Lennar.

Nobody knows if Forest City would have done a better job. A developer is, after all, a developer. But Lennar’s victory at the shipyard helped it win the rights, four years later, to redevelop Treasure Island — long before it had even broken ground at Hunters Point. And a couple years ago, it parlayed those footholds into an exclusive development agreement for Candlestick Point.

Now the Fortune 500 company, which had revenues of $16.3 billion in 2006, does have a track record at the shipyard. And that performance is raising doubts about whether San Francisco should have entrusted almost its entire undeveloped coastline to a profit-driven corporation that is proving difficult to regulate or hold accountable for its actions.

Sure, Lennar has provided job training for southeast San Francisco residents, set up small-business assistance and community builder programs, and invested $75 million in the first phase of development. That’s the good news.

But on Lennar’s watch, a subcontractor failed to monitor and control dangerous asbestos dust next to a school at the Hunters Point Shipyard, potentially exposing students to a deadly toxin — despite promising to carefully monitor the air and control the construction dust.

And when the homebuilding industry took a nosedive last year, Lennar reneged on its promise to provide needed rental housing on Hunters Point — saying that its profit margins were no longer good enough to make rentals worthwhile. All of which raises questions about whether this company, which is working with Mayor Gavin Newsom to build a stadium at the shipyard to keep the 49ers in town, really has San Francisco’s interests in mind.

Bayview–Hunters Point native Dr. Ahimsa Porter Sumchai, a physician and a Sierra Club member, called the Lennar deal the "dirty transfer of the shipyard." She told us, "There is no reason why I’d trust Lennar more than I would the Navy and the federal regulators who have stringently worked on the cleanup of Hunters Point Shipyard, and yet it still remains toxic."

"This is just a play to get the shipyard," said Porter Sumchai, whose father was a longshore worker at the shipyard and died from asbestosis.

Part of the problem is systemic: the Redevelopment Agency hands over these giant projects to master, for-profit developers — who can then change the plans based on financial considerations, not community needs. And while Lennar likes to tell decision makers of its massive size and resources, the actual work at these bases has been delegated to limited-liability subsidiaries with far fewer available assets.

In this case, Lennar experienced a 3 percent drop in sales last year, a 29 percent increase in cancellation rates on homes, and a 15 percent dip in its fourth quarter profits. The downturn prompted Lennar’s president and CEO, Stuart Miller, to identify ways to improve what he described in the annual report as the company’s "margin of improvement" in 2007. These included "reducing construction costs by negotiating lower prices, redesigning products to meet today’s market demand and building on land at current market prices."

A Lennar spokesperson, Sam Singer, issued a statement to us saying that "Lennar BVHP is committed to operating responsibly, continually incorporating best community and environmental practices into our everyday business decisions."

But for a look at how Lennar’s model clashes with community interests, you need go no further than the edge of the site where Lennar has been digging up asbestos-laden rock.

DUST IN THE WIND


The Muhammed University of Islam is a small private school that occupies a modest flat-roofed hilltop building on Kiska Road with a bird’s-eye view of the abandoned Hunters Point Shipyard. This year-round K–12 school is affiliated with the Nation of Islam and attracts mostly African American students but also brings in Latino, Asian, and Pacific Islander children, many of whom have had problems in the public school system and whose parents can’t cover the cost of a private school.

"We find a way," the school’s mustachioed and nattily dressed minister, Christopher Muhammed, recently told the Redevelopment Agency in a veiled allusion to the financial nexus between the MUI and the Nation of Islam’s mosque and bakery on Third Street. "Many students aren’t members of our tradition but live across the street, down the street, or come from Oakland and Vallejo."

The minister is asking the Redevelopment Agency, the agency that selected Lennar and oversees the project, to permanently relocate the school. The school’s classrooms and basketball courts sit on the other side of a chain-link fence from Parcel A, which is the first and only plot of land that the Navy has certified at the shipyard as clean and ready for development.

Standing on these courts, the children have been able to watch heavy machinery digging up and moving huge amounts of earth in preparation for the 1,600 condos and town houses that Lennar wants to build on this sunny hillside, which has views of the bay and the rest of the shipyard.

The shipyard’s other five parcels are still part of a federal Superfund site, despite having undergone years of decontamination. Black tarps cover piles of soil that have been tagged as contaminated, and recently, radiological deposits were found in the sewers and soil. The Navy is still cleaning up a long list of nasty toxins, including PCBs and solvents, on Parcels B through F, the land Newsom now wants the city to take over so that it can hastily build a stadium for the 49ers.

But the minister’s request to relocate the MUI isn’t inspired by fear of Navy-related contamination or the impact of a stadium on the neighborhood but rather by the reality that asbestos is naturally present in this hillside and Lennar’s excavation work on the other side of the school’s chain-link fence has been kicking up dust for almost a year.

It’s not that Lennar and the city didn’t know about the asbestos. In April 2000 the environmental impact report for the shipyard reuse noted, "Because asbestos-containing serpentinite rock occurs at Hunters Point Shipyard, construction-related excavation activities could cause chrysotile asbestos associated with serpentinite to become airborne, creating a potentially significant impact to public health and safety."

So when Lennar proposed demolishing abandoned housing and roads and grading and transferring massive amounts of earth on Parcel A, the Bay Area Air Quality Management District demanded an asbestos dust mitigation plan that included sweeping and watering the construction sites and making sure that vehicle tires are washed before drivers exit.

The state Asbestos Air Control Toxic Measure also stipulates that if a school lies within a quarter mile of a construction site, local air districts can require developers to install asbestos dust monitors and shut down their sites whenever asbestos registers 16,000 fibers per cubic meter. The state requires these extra steps because children have higher metabolisms, growing lungs, and longer life expectancy. Plus, they’re lower to the ground and are likely to run, skip, hop, and play ball games that kick up dust.

Although Lennar agreed to abide by the air district’s requirements, the developer failed to properly implement this plan for more than a year.

The air district’s records show that Lennar’s environmental consultant, CH2M Hill, failed to include any air monitoring in its original plan for Parcel A, which is odd because the school is obvious to anyone who visits the site. It was only when the air district pointed out the existence of the Hunters Point Boys and Girls Club, the Milton Meyer Recreation Center, and the MUI, all within the quarter-mile limit, that Lennar agreed, at least on paper, to what the air district describes as "one of the most stringent asbestos dust mitigation plans in the state."

The plan combines the air district’s asbestos requirements with the city’s demands that Lennar limit "ordinary dust" that can cause respiratory irritation and aggravate existing respiratory conditions, such as asthma and bronchitis. Lennar agreed to implement the plan in the summer of 2005 and determine background levels of dust and toxins at the site before work began in the spring of 2006.

But that didn’t happen. For 13 months there is no data to show how much asbestos the MUI students were exposed to, neither for the 10 months before construction started on the cleared site nor for the first three hot and dusty months when Lennar’s subcontractors began massive earth-moving operations next to the school.

You’d think that after these failures became public knowledge, a devastated Lennar would have gotten a black eye and perhaps fired the subcontractors involved. Failing to protect children in a community that’s been the repeat victim of environmental injustice is a public relations nightmare, particularly in a part of town where distrust of redevelopment runs deep, thanks to the travesties in the Fillmore in the 1960s, followed by the city’s recent rejection of a referendum to put the Bayview–Hunters Point Redevelopment Plan to a public vote.

But while Lennar’s executives finally did the right thing last August by alerting the air district and replacing CH2M Hill, they didn’t release their two other subcontractors, Gordon Ball and Luster, nor did they sufficiently rein them in when violations continued, critics have testified at agency meetings.

And instead of apologizing to the air district and the city’s Department of Public Health for making them look like impotent fools, Lennar executives pushed back, contending that asbestos monitoring wasn’t necessary until May 2006 and that they didn’t need to water the tires of private vehicles.

They even listed economic rationalizations for the screwups that did happen. According to a memo marked "confidential" that the Guardian unearthed in the air district’s files, written by the air district’s inspector, Wayne Lee, Lennar stated, "It costs approximately $40,000 a day to stop grading and construction activity" and "Gordon Ball would have to idle about 26 employees on site, and employees tend to look for other work when the work is not consistent."

Meanwhile, the Department of Public Health was left reeling. Environmental health director Dr. Rajiv Bhatia told us, "It was very disappointing. We worked very hard. We wanted this system to be health protective. Whenever things don’t work, it takes time to get back to levels of trust. This hurts trust and credibility."

In September 2006 the air district issued Lennar a notice of violation for the period of July 14, 2005, through Aug. 3, 2006. Lee wrote that vegetation removal on the site "disturbed the soil and in some cases, likely resulted in dust." He also made it clear that "any track onto common roads could be tracked out to public thoroughfares and create asbestos dust plumes."

Lennar’s fines have yet to be determined, but they could reach into millions of dollars. State fines for emitting air contaminants range from $1,000 a day, if the violation wasn’t the result of intentional or negligent conduct, to $75,000 a day, if the conduct was deemed willful and intentional.

But as the air district weighs the evidence, one thing’s for sure: this wasn’t an isolated case of one set of monitors failing or one subcontractor screwing up. This case involves numerous violations and three subcontractors, two of which — Gordon Ball and Luster — are still working next to the MUI (neither company returned our calls).

Records show that once Lennar fired its environmental compliance subcontractor, CH2M Hill, properly installed monitors immediately detected asbestos dust, triggering 15 health-protective shutdowns during the course of the next six months. From these results, is it reasonable to conclude that had Lennar got its monitoring right from the beginning, further shutdowns would have cost Lennar’s construction subcontractors even more truckloads of money, as would have adequate watering of the site, which they didn’t get right for months?

So far, the only explanation for the watering deficiencies has come from Kofi Bonner, president of Lennar Urban for Northern California, who told the Redevelopment Agency, "Given the hilly terrain, it can only be watered enough so as not to create difficult conditions for the workers going up and down the site."

Lennar didn’t finally start to really control its subcontractors until January, when Lennar ordered Gordon Ball and Luster to "replace two site superintendents with new personnel who must demonstrate environmental sensitivity in conducting their work," according to public records.

MIAMI VICE


Headquartered in Miami Beach, Fla., Lennar began in 1954 as a small home builder, but by 1969 it was developing, owning, and managing commercial and residential real estate. Three years later it became a publicly traded company and has been profitable ever since, spinning off new entities.

Lennar Urban is one such venture. Established in 2003 to focus on military-base reuse, Lennar Urban recently produced a glossy brochure in which it proclaimed, "Military base reuse is our business — this is what we do."

Military-base development may be good business — but it isn’t always such a good deal for cities, particularly when communities don’t end up receiving what was promised on the front end.

In November 2006, Lennar announced it wouldn’t build any rental homes in its 1,600-unit development at the Hunters Point Shipyard. The Redevelopment Agency had originally approved a plan for 700 rental units on the 500-acre site, but Lennar said rising construction costs make rentals a losing investment.

Also in November, Arc Ecology economist Eve Bach warned the Board of Supervisors that Lennar’s public-benefits package for Treasure Island could be seriously compromised.

The package includes 1,800 below-market affordable housing units, 300 acres of parks, open space and recreational amenities, thousands of permanent and construction jobs, green building standards, and innovative transportation.

Bach summed up these proposals as "good concepts, uncertain delivery" and noted the discrepancy between Lennar’s stated desire for a 25 percent return and Budget Analyst Harvey Rose’s conservative prediction of an 18.6 percent return.

"Particularly at risk of shortfalls are transit service levels, very-low-income housing, and open-space maintenance," Bach warned.

With community benefits up in the air, high profits expected, and Lennar’s ability to regulate developers uncertain, many community activists question just what San Francisco is getting from the company.

"I can’t say that Lennar is trustworthy, not when they come up with a community benefits package that has no benefit for the community," activist Marie Harrison said. "I’d like to be able to say that the bulk of our community are going to be homeowners, but I resent that Lennar is spoon-feeding that idea to folks in public housing who want a roof over their heads and don’t want to live with mold and mildew but don’t have jobs or good credit or a down payment. I’ve heard seniors say, ‘I can’t even afford to die.’ Lennar is not being realistic, and that hurts my feelings and breaks my heart."

SHOE-IN


The story of Lennar and Muhammed University of Islam underscores the problems with a system that essentially relies on developers to regulate themselves. Bay Area Air Quality Management District records show officials didn’t know monitoring equipment at the site wasn’t working until August 2006, when Lennar discovered and reported the problem.

Lee reported after an Aug. 31, 2006, meeting with CH2M Hill staff, "They were not confident that the air sampling equipment was sampling correctly, due to faulty records and suspect batteries. CH2M Hill staff discovered depleted batteries and could not determine when they drained."

The air district’s air quality program manager, Janet Glasgow, told the Guardian, "The district had never been in this situation before, in which a developer, Lennar, came in and self-reported that they discovered a problem with their monitoring — something the district would never have been able to determine."

Worrisome as Glasgow’s statement is, there’s also the possibility that CH2M Hill’s failures might never have come to light had it not been for the city’s decision to demand another layer of dust controls. As Department of Public Health engineer Amy Brownell said, her inspectors were witnessing trails of dust firsthand, yet CH2M Hill’s monitors kept registering "non-detect" around asbestos.

"Which was suspicious," Brownell told us, "since they were doing massive earthwork."

Saul Bloom, who is executive director for Arc Ecology, a local nonprofit that helps communities plan for base closures and cleanups, told us he recalls "waiting for the first shoe to drop, wondering how there could be no work stoppages when Lennar was digging up a hillside of serpentinite."

The other shoe did drop shortly after the August 2006 meeting. It was black and well polished and attached to the foot of Muhammed, who began questioning whether the dust wasn’t harming his students.

But Muhammed found his questions weren’t easy to answer, given that Lennar had failed to monitor itself and therefore lacked the data that could have proved no harm was done, a scary situation since health problems from asbestos exposure don’t generally manifest themselves until many years later.

Those questions raised others about Lennar and whether it should be trusted to self-regulate.

D&EACUTE;J&AGRAVE; VU


In December 2006, Redevelopment Agency Commissioner Francee Covington asked Lennar’s environmental manager, Sheila Roebuck, if the company had any asbestos issues at other projects in the nation. Roebuck replied no, not to her knowledge.

But the Guardian has learned that Lennar already had problems with naturally occurring asbestos in El Dorado. The problems concerned dynamiting in hills that were full of naturally occurring asbestos and resulted in a $350,000 settlement in November 2006. The case involved two El Dorado Hills developers, Angelo K. Tsakopoulos and Larry Gualco, and their earthmoving subcontractor, DeSilva Gates Construction of Dublin.

As part of the terms of the settlement, the county agreed, at the behest of the developers, to make their earthmoving contractor, DeSilva Gates, who provided the dynamite, solely responsible for the settlement. Accused of, but not formally charged with, 47 violations of air- and water-pollution laws is West Valley, a limited liability company composed of Lennar Communities of Roseville, Gualco, and Tsakopoulos’s AKT Investments of Sacramento, with Lennar managing the LLC and AKT acting as the investor.

But as the Sacramento Bee‘s Chris Bowman reported, El Dorado Air Quality Management District head Marcella McTaggart expressed her displeasure directly to Lennar Communities, writing, "We are very disappointed to note that the agreed-upon measures to minimize … dust were completely disregarded by your company."

McTaggart’s words bear an eerie resemblance to Bhatia’s comments about how Lennar’s failure to protect the public heath "hurts trust and credibility."

"Ultimately, I’m very interested in being able to talk to the families and children who believe they have been harmed," Bhatia told us. "I want to help with people’s uncertainties and fears."

LEGAL PROBLEMS


Uncertainty and fear were on display at the Redevelopment Agency’s December 2006 meeting when Muhammed claimed that serpentinite, arsenic, and antimony had been found on his students and staff through "resonance testing."

Lung cancer experts doubt that methodology, telling us the only way to detect serpentinite in bodies is by doing an autopsy.

Following the minister’s claims, a rattled Bonner told the Redevelopment Agency, "Lennar cannot continue to be accused of covering something up or willfully poisoning the community because of profits. Lennar is a national public company, and the accusations and allegations are very serious."

Unfortunately for Lennar and the city, the company’s failures to monitor and control dust have left both entities exposed, since they formed a limited liability company without extensive resources, Lennar BVHP, to conduct the shipyard cleanup.

This exposure became even more evident when Muhammed returned to the Redevelopment Agency Commission in January with 15 MUI students in tow to ask for a temporary shutdown of Lennar’s site until a permanent relocation of the school had been worked out.

"It doesn’t seem proper to have peace discussions while the other side is still shooting," Muhammed said.

His relocation request got Bayview–Hunters Point community activist Espanola Jackson raising more questions: "OK, but where are the other residents going? How can you displace them? Have the residents on Kiska Road been notified? Or on Palou? Nope. You give people dollars to do outreach, but they don’t come to my door. Someone is being paid to not give the truth."

Scott Madison, a member of the Hunters Point Shipyard Citizens Advisory Committee, who’d observed large excavation machines breaking rock but not using water or any other dust controls, said, "I don’t understand how Lennar, who I believe has a sincere interest in doing right, can continue to have a contractor who is out of control."

Bonner explained that Lennar sent notices of default to its subcontractors and hired people from the community to be monitors, plus installed a secondary level of consultants to monitor contractors. But when Redevelopment Agency commissioner London Breed expressed interest in releasing the old contractor and hiring a new one, the agency’s executive director, Marcia Rosen, chimed in.

"Our agreement," Rosen said, "is not with the subcontractor. Our agreement is with Lennar." Her words illustrated the agency’s impotency or unwillingness to crack the whip over Lennar and its subcontractors. But when Lennar Urban vice president Paul Menaker began to explain that its contractors have a 10-day cure period, it was too much for Commissioner Covington.

"We’re way past that," Covington exploded. "We’re not hams!"

EXPLODING HAMS


Perhaps they’re not hams, but the commissioners’ apparent inability to pull the plug on Lennar or its subcontractors leaves observers wondering how best to characterize the relationship between the agency, the city, the community, and Lennar.

Redevelopment Agency commissioners have been appointed either by Mayor Gavin Newsom or his predecessor, the consummate dealmaker Willie Brown. But the incestuous web of political connections goes even further.

Newsom is Speaker of the House Nancy Pelosi’s nephew by marriage. Newsom’s campaign treasurer is another Pelosi nephew, Laurence Pelosi, who used to be vice president of acquisitions for Lennar and now works for Morgan Stanley Real Estate, which holds Lennar stock.

Both Newsom and Laurence Pelosi are connected to lobbyist Darius Anderson, who hosted a fundraiser to pay off Newsom’s campaign debts. Anderson counts Lennar as his client for Treasure Island, Mare Island, the Hunters Point Shipyard, and Candlestick Point, another vast swath of land that Lennar controls.

Brown’s ties to the agency and Lennar run equally deep, thanks in part to Lennar’s Bonner, who was Brown’s former head of economic development and before that worked for the Redevelopment Agency, where he recommended hiring KPMG Peat Marwick to choose between Catellus, Lennar, and Forest City for the Hunters Point project.

KPMG acknowledged all three were capable master developers, but the commission decided to go with the most deep-pocketed entity.

Clearly, Lennar plays both sides of the political fence, a reality that suggests it would be wiser for cities to give elected officials such as the Board of Supervisors, not mayoral appointees, the job of controlling developers.

DAMAGE CONTROL


Under the current system, in which Lennar seems accountable to no one except an apparently toothless Redevelopment Agency, you can’t trust Lennar to answer tough questions once it’s already won your military base.

Asked about asbestos at the Hunters Point Shipyard, Bonner directed the Guardian‘s questions to veteran flack Sam Singer, who also handles PR for Ruby Rippey-Tourk. Singer tried to dodge the issue by cherry-picking quotes, beginning with a Dec. 1, 2006, letter that the city’s health director, Dr. Mitch Katz, sent to Redevelopment’s Rosen.

Katz wrote, "I believe that regulatory mechanisms currently in place for Shipyard Redevelopment are appropriate and adequate to protect the public from potential environmental hazards."

The assessment would seem to be at odds with that of Katz’s environmental health director Bhatia, who has been on the frontline of the asbestos fallout and wrote in a Jan. 25 letter, "The failure to secure timely compliance with the regulations by the developer and the repeated violations has also challenged our credibility as a public health agency able and committed to securing the regulatory compliance necessary to protect public health."

Singer also quoted from a Feb. 20 Arc Ecology report on asbestos and dust control for Parcel A, which stated, "Lennar’s responses have been consistently cooperative." But he failed to include Arc’s criticisms of Lennar, namely that its "subcontractors have consistently undermined its compliance requirements," that it has "not exercised sufficient contractual control over its subcontractors so as to ensure compliance," and that it was "overly slow" in implementing an enhanced community air-monitoring system.

Singer focused instead on Arc’s observation that "there is currently no evidence that asbestos from the grading operation on Parcel A poses an endangerment to human health and the environment."

Lack of evidence is not the same as proof, and while Arc’s Saul Bloom doesn’t believe that "asbestos dust is the issue," he does believe that not moving the school, at least temporarily, leaves Lennar and the city liable.

"They formed a partnership, protective measures didn’t happen, the subcontractors continue to be unreliable, and dust in general continues to be a problem," Bloom told us.

Bloom also recommends the Redevelopment Agency have an independent consultant on-site each day and bar contractors who screw up. "Without these teeth, the Redevelopment Agency’s claims that they have enforcement capabilities are like arguments for the existence of God."

Raymond Tompkins, an associate researcher in the Chemistry Department at San Francisco State University and a member of the Remediation Advisory Board to the Navy who has family in Bayview–Hunters Point, says what’s missing from the city’s relationship with Lennar is accountability, independence, and citizen oversight.

"If you can’t put water on dirt so dust doesn’t come up, you can’t deal with the processes at the rest of the shipyard, which are far more complicated," says Tompkins, who doesn’t want the Navy to walk away and believes an industrial hygienist is needed.

"The cavalier attitude around asbestos dust and Lennar at the shipyard fosters the concerns of the African American community that gentrification is taking place — and that, next stop, they are going to be sacrificed for a stadium." *