MUNI

The Real Ed Lee story

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The Ed Lee Story has some much-needed competition. The boring, patronizing (to readers) and over-the-top hagiography of the interim mayor was just sitting there waiting for a parody, and now the Leland Yee campaign has obliged.

The Real Ed Lee, written by the Yee team, has a serious political point, but it’s actually funny, sometimes really funny, and it’s much easier to read than the plodding “Ed-Is-Greater-Than-God” prose of the original. A section titled “San Francisco’s Future, Ed Lee Style” notes that if the incumbent is elected to a full term

The Golden Gate Bridge will be now called the PG&E/Recology Golden Gateway to Corruptville. Make sure to show your employee badge at the the toll botth for your discounted rate (wink, wink).

HealthySF will be renamed the Endangered Restaurant Protection Act. You will be charged an additional 42 % on your bill. Please note — no health care will be provided.

Muni buses will now be operated by GO Lorries. Surprisingly, service will remain generally the same.

David Chiu is now District Attorney. Oh, wait ….

The book goes through the details of how Lee rose through the ranks at City Hall, along the way approving a couple of fraudulent vendors and getting caught up in Willie Brown’s sleaze. It discusses how his campaign is taking credit for other people’s work and ideas. It describes how he promised over an over not to run, then went ahead and did it anyway. It’s got a great picture of him steering a 139-foot yacht with the caption “I’m on a boat.”

I don’t know how well this will work, but it’s clear that Lee is falling in the polls and the cumulative impact of his mistakes and the attacks on him by the other campaigns is taking its toll. And for once, we have a campaign piece that made me laugh instead of crying.

 

 

How OccupySF thwarted a police raid

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More than 1,000 people amassed at the OccupySF camp last night based on word that police would be raiding the camp. At 4:30 am, there were still 500 gathered in Justin Herman Plaza when OccupySF organizer Ryan Andreola finally announced: “We just got a report from an official police statement that the raid has been called off because there were not enough police for the number of people here,” as the crowd erupted in applause.

It was the end of what was for many protesters a long — and remarkably successful — day. Word began circulating of possible police altercation at 6 a.m. October 26, when police passed through the encampment handing out notices titled “You are subject to arrest,” which claimed that the protest was in violation of several city and state laws and had become a public health hazard.

On Oct 19, city officials had communicated to OccupySF that they would provide portable toilets, but a week later had not followed through; to deal immediately with public health concerns, protesters acquired them on their own.

Around 8:00, having received various tips and seen a document warning nearby businesses of police activity that night, OccupySF put out a call for supporters, saying police raid was confirmed. Justin Herman Plaza officially closes at 10 p.m., so protesters mobilized to be ready for an attack then.
At 9:00, hundreds of people were at the encampment and were meeting about tactics in case the raid occurred. For the next several hours, as hundreds more continued to pour into camp, supporters practiced formations to defend the camp and separate those who were willing to risk arrest from those who weren’t.

At 9:30, photos began circulating social media of scores of police in riot gear waiting with six muni buses near the police operations building in Potrero Hill. Many feared that they were gearing up to descend on Justin Herman Plaza.

Different groups, including a group of clergy, SF Labor Council representatives, a meditation circle and groups practicing blockade formations met throughout the camp. Drum circles continuously pounded, and the Brass Liberation Orchestra jammed throughout the night.

Nurses and medic volunteers distributed materials to protect from and relieve the effects of tear gas, and National Lawyers Guild volunteers scoured the camp making sure protesters had their legal hotline phone number. Talk of the violence and mass arrests at Occupy Oakland that had happened the past few days permeated the group.

The BART stations closest to the OccupySF and Oakland camps were closed last night due to “civil disturbance,” but many supporters still crossed the Bay to swell the OccupySF ranks.

At 10:00, between 500 and 600 people had gathered at the camp. Protesters danced to the constant music and chanted political cries to the beat: “This system has got to die, hella hella occupy!”

Others waited in defense formation around the camp. After spotting Supervisor John Avalos, many began imploring him to sit down in the ranks, which he did.

As the night went on, sightings of police with buses continued. Some protesters joked, “the police are on the way, but they’re taking Muni so it will be a few hours.”

At 12:40, though much of the camp’s kitchen supplies and food had been moved offsite, protesters continued to serve free food. A young man serving up salad and bread gestured to several cases of food, saying “this has all been donated within the last hour.”

At 1 a.m., the group had reached its peak numbers. All sides of Justin Herman Plaza were blocked by masses of people, who also spilled out into the street on Steuart and Market, attracting virtually all passers-by into the crowd. Organizers urged supporters to stay prepared, but as one woman emphasized on a bullhorn “Remember, 99 percent means we are all individuals. It’s your choice how you respond.”

At 1:30, an impromptu speak-out began as protesters, amplified by the Peoples Mic, explained who they were and why they were there that night. Ten minutes later the group decided to allow a makeshift press conference, giving a formal space for five city officials present to speak.

Supervisors John Avalos, Jane Kim, David Campos, David Chiu and Eric Mar, along with state Senator Leland Yee, professed their support for OccupySF and commitment to protecting it from raids. The group was met with mixed responses. Many cheered their support, and one woman said, “I’m from Oakland and I wish Oakland supervisors had done what San Francisco supervisors have done tonight.” Others were less receptive, crying “I don’t trust you!” and “remember, these are the same supervisors that helped pass sit-lie!”

After the politicians finished speaking at 2:00, many supporters left the camp. One man declared, “I’m glad they came, but they do not represent us.”
About 30 minutes later, new reports were coming in that police were massing at Treasure Island. Protesters surveyed their drastically reduced numbers, and voted on what new formations to practice. As the group discussed, drummers punctuated each point, keeping energy high.

Protesters organized new strategies, but by 3:38 there was still no sign of cops. Representatives of labor organizations began a spontaneous rally, speaking to why they supported OccupySF. Mentions of Occupy Oakland’s vote to call for a general strike on Wednesday November 2 circulated, and one labor rep recalled the 1934 general strike.

At 4 a.m., hundreds were still awake and prepared in the camp. Said protester Robert Duddy, “I’m tired. I stayed up last night until 5:30 after getting the notice that we might be evicted. I think they’re trying to wait us out and have our numbers dwindle.” Duddy added that he did not expect the police to show up that night.

Won-Yin Tang wasn’t convinced. “I won’t feel [that we’ve won] until 7 a.m. when they’re not waiting in riot gear anymore. We have to stay focused. When everyone leaves, that’s when they’ll come.”

At 4:30, the long-awaited announcement of victory came. The crowd cheered, and many headed to nearby Muni stations, now open for the morning. Said protester Sam Miller, waiting exhausted in Embarcadero Station, “Tonight was a great triumph of the human sprit. It was the middle class showing we can’t be beaten down anymore. We’re not the zombies that they think we are.”

Protester Sean Semans also celebrated. Said Semans, “We won tonight. Now we just have to sure, if we need to, we can do the same thing tomorrow.”
Staying up until 5 a.m. on weeknights is no easy call to action. But it seems thousands throughout the Bay Area are willing to step up to the plate.

The last hurrah

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emilysavage@sfbg.com

MUSIC On the final day of Budget Rock 10, the endmost moment of the Budget Rock showcase itself, there will be pancakes and local ’80s surf-punk band the Phantom Surfers. Likely a few tear stained cheeks as well.

The daylong event at Thee Parkside — which tops off four days plus 10 years of weirdo, trashy, slack rock shows — also features the annual morning record swap and a ticketed evening lineup that includes the Legendary Stardust Cowboy, the Mothballs, Midnite Snaxxx, and Okmoniks, amongst others.

The organic pancake batter, donated by former Thee Parkside co-owner Sean O’Connor, will come in a pressurized can (he created Batter Blaster), while the bands, many brought back together specifically for Budget Rock, will come to the venue courtesy of Chris Owen and his longtime fellow organizer, Mitch Cardwell.

This year’s fest, Thursday, Oct. 20 through Sunday, Oct. 23 at Bottom of the Hill and Thee Parkside, not only brings back Phantom Surfers from the first ever Budget Rock showcase, but also returns Boston’s Lyres, the classic ’80s punk band formed from the ashes of DMZ. Organizers also recruited bands that played subsequent years — the masked Nobunny (this time playing original budget rock-esque covers), Subsonics, the Statics, Personal & the Pizzas (whose first ever show was at Budget Rock), and booked a Ripoffs reunion show — a coup for Owen, who’s been a fan of the ’90s garage rockers since college.

“The fact that Lyres and the Ripoffs are playing in San Francisco in the year 2011 is fucking incredible,” Owen enthuses from his perch at Gio’s, an old school Italian FiDi spot he says reminds him of Thee Parkside when he first started going there in late 2000. “Carpet on the ground, tablecloths on the tables.” (Obviously things have changed immensely since then.) But it was there, sharing beers after work with his friend John O’Neill, that Owen says they first came up with the idea for a Budget Rock showcase — a term he borrowed from another of his all-time favorite bands, the Mummies (which he later got to reform for Budget Rock 8). Owen and O’Neill had both been booking shows at the venue, and came up with the concept to concentrate all the then-scattered acts.

That first fest took place in 2002. Including the 2011 showcase, 190 bands will have come through Budget Rock. Over the decade it survived a move to the East Bay for a couple of years (to the Stork Club), lead organizer shifts (Owen bowed out for most of last year as his wife was pregnant) and the general chaos of unrefined rock’n’rollers. O’Neill vividly recalls when Peter Zaremba of the Fleshtones ran outside mid-song onto 17th Street to sing to a Muni bus that had just pulled up. And Phantom Surfers’ guitarist Maz “Spazz” Kattua claims “All I remember about [Budget Rock 1] was that we played in matching boxer shorts with hearts on them and sock garters.”

So why end it now? Owen chalks it up to two main reasons: the organizers of Budget Rock are in different spots in life (he now lives in Fairfax with his wife, son, and baby daughter); and the influx of other like-minded showcases like Total Trash and 1-2-3-4 Go’s contribution.

“You want to fill a void, not create one,” says Owen. “That is the guiding principle. The whole concept of this festival was filling a void, there wasn’t anything like this. There was no local garage rock or kind of dorky minimalist music showcase [then].”

Plus, he says, “Once we got to six [years], we knew we would shoot for 10. And we were like, ‘if we can get to 10, we should get Lyres to come back.'”

While all the other bands at Budget Rock 1 were local, and most other acts throughout the years have been Bay Area bred, Lyres was a special case. O’Neill had booked shows in Boston before moving out West, and managed to fly Lyres to SF through alcohol endorsements that first year. Lyres evoked the ethos of the fest, a clear marker, unlike “careerist” bands, as Owen refers to others that try to make it big or take themselves too seriously — those types have never been the Budget Rock style.

“It’s a certain kind of ‘I don’t care about the rest of the world’ mentality,” Lyres organist-vocalist Jeff Conolly says about his band’s longevity, “and a genuine love for being in a group where you enjoy the results of the process.”

It’s about having a good time in your band, without a lot of expensive hoopla. “Big picture, the whole idea of [Budget Rock] was just having fun — not professionalism or competition or reputation. Those things aren’t important,” Owen stresses. “I would like to remember having a good time. That’s the only purpose that this was ever supposed to serve.”

He later gave me a list of “perfect budget rock bands” (those that have played the fest in the past, or simply fit the vibe): the Mummies, Icky Boyfriends, the Brentwoods, Captain 9’s and the Knickerbocker Trio — and any band with Russell Quan, Tina Lucchesi, or Mike Lucas.

Lucchesi, of the Trashwomen and a zillion other Bay Area bands, has played the fest in different incarnations 18 different times. This year, she plays the final Budget Rock on Saturday with Tee’N’Dee Explosion, then the next night at Thee Parkside with both Special Ed and Midnight Snaxxx. “There’s a lot of that friend-rock thing going on this year,” Owen says, “Sunday’s going to have a lot of it, pretty much all day long.” He later adds, “This is the last hurrah, so we wanted to do something cool.”

Jokes the mischievous Nobunny, “I don’t believe for one second it won’t be back next year.”

BUDGET ROCK 10

Thurs/20-Sun/23, $5–$20

Bottom of the Hill

1233 17th, SF

(415) 621-4455

www.bottomofthehill.com

 

Thee Parkside

1600 17th, SF

(415) 252-1330 www.theeparkside.com

The right track

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DANCE Have you noticed that San Francisco is changing for the better? No, I’m not talking poor and homeless people being given services they need (I wish that were the case) — I’m talking public art.

The concept used to refer to murals, airport exhibits, sculptures in downtown plazas, and those arrows that would periodically pop up on mostly ugly buildings. But dance — unless you count parades and demonstrations as a form of dance — certainly wasn’t part of beautifying the spaces we all live in. But today, dancers are taking to the street and other public arenas, and they look good.

Perhaps it all began in 1995 when Joanna Haigood and her Zaccho Dance Theatre troupers bounced off the Ferry Building’s massive clock, daring it to stop working. Last year they ceremoniously danced down Market Street, memorializing the exodus of middle-class African American residents from San Francisco. Jo Kreiter’s Flyaway Productions has taken to alleys, danced on cranes, and dangled off the mural-covered Women’s Building.

Lovely about this trend is that all these performances were free, and audiences could come upon them almost accidentally. Though still modest in scope, dance is becoming part of our urban environment. “Jewels in the Square” is a weekly dance series in Union Square that runs April through October; the Rotunda Series (first Friday of the month) brings dance into a glorious public space, City Hall. The Mark Foehringer Dance Project curates “Dancing in the Park,” a Golden Gate Park festival during National Dance Week in April, and Mint Plaza seems to have become the latest open-air dance stage for the late-summer Central Market Arts Festival.

But credit for the longest running commitment to taking dance to the people belongs to Kim Epifano’s Epiphany Productions, whose Trolley Dances mark an annual celebration of public transit and public dance. For the eighth year, and for the price of a Muni fare, people can board a streetcar — or “trolley,” as they are called in San Diego, where the event originated — and take a ride to be entertained by some of San Francisco’s finest.

Epifano is an artist with flying hair, unbounded enthusiasm, and a firm belief that if something needs to be done, she can do it. This includes bringing out the creative spark in refugees in Oakland, or developmentally challenged adults in San Francisco, or, for that matter, young dancers whom she set loose in a Mexicali bar. So moving the San Francisco bureaucracy to grant her the various permits needed for this festival is, apparently, child’s play.

The minute Epifano encountered Trolley Dances in Southern California, she knew she wanted to bring it to San Francisco. (“It was fun and it was free,” she remembers.) Over the years, in addition to robust audiences, Trolley Dances has attracted a veritable who’s who of local choreographers — Janice Garrett, Deborah Slater, Joe Goode, Sue-Li Jue, Yannis Adoniou, and Sara Shelton Mann among them.

This weekend, catch a glimpse of Jody Lomask on a seven-foot cube, and Salsamania on the sixth floor of the San Francisco Public Library. KT Nelson will preview a section of Transit: A Vertical Life, in which she celebrates what she calls “urban humanity.” A bike that turns into a bench will be included.

In addition to seeing a panoply of artists — a total of seven this time around — Trolley Dances opens opportunities to visit less-familiar pockets of San Francisco. I had never traveled all the way down the Embarcadero to the Caltrain station until Trolley Dances took me there. This year, Epifano had her own eye-opener. “After all these years of living here, I didn’t even know about West Portal,” she admits — which is where this year’s journey ends.

 

SAN FRANCISCO TROLLEY DANCES 2011

Sat/15-Sun/16, every 45 minutes from 11 a.m.-2:45 p.m., free with Muni fare ($2)

Tours depart San Francisco Public Library

100 Larkin, SF

(415) 226-1139

www.epiphanydance.org

Get on the bus: St. James Infirmary’s new sex worker PSAs are

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St. James Infirmary has been providing free, non-judgmental medical and social services for sex workers since 1999. This week, it’ll take the next step. The clinic is putting ads up in Muni buses throughout the city this month meant to educate and inspire Muni riders throughout the city.  

But the campaign, entitled “Someone you know is a sex worker,” won’t be seen on a billboard near you. The ads, which feature actual sex workers, were rejected outright by both Clear Channel and CBS Outdoor before transit ad company Titan 360 agreed to the bus campaign.

You can preview the controversial images — as well as mingle with fabulous people who work for the health and safety of Bay Area sex workers every day — at an exhibit and launch party on Sun/16.

Artist Rachel Schreiber — who created the campaign with photographer Barbara DeGenevieve, and whom the Guardian reached by phone yesterday — thinks advertisers may be hesitant to seem aligned with sex workers rights.

“The anti-trafficking community has such a monopoly on the voice of the issue that I think people are afraid to speak out in another way. People are afraid of being perceived as not supporting that position. Anti-trafficking campaigns are really well funded, often overstated and under researched. Of course we are anti-trafficking and one of our big goals is to fight violence against sex workers”

“There are a lot of people who work in the industry by choice,” she continues. “And everyone deserves access to labor rights and health care and shouldn’t be stigmatized.”

The 27 individuals — sex workers as well as friends and family members of sex workers — who agreed to have their portraits and quotes displayed are taking a risk. It can be dangerous for sex workers to let their identities be known to the public. But Schreiber praised the participants for taking that risk for the good of the sex workers rights movement.

“There are a lot of activists in the community who are willing to go out on a limb…one impressive feature of this community is their support for one another, their willingness to go public to make the topic less secretive and stigmatized,” she says. 

Campaign slogans include “sex work is real work” and “sex workers rights are human rights.” Those are central tenets of the sex worker rights movement, which strives to gain respect and rights for everyone from legal workers like adult film performers and dancers to people who work illegally, including those who exchange sex for survival or sustenance. 

Most sex workers go to great lengths to separate their sex work from the rest of their lives. Schreiber notes a case where a high school teacher in Berkeley was outed, and lost her teaching job as a result. 

“We have a really intense social and cultural taboo against the notion that people trade sex for any kind of money,” says Schreiber. “It’s really deeply ingrained.” She says other, legal occupations, present similar challenges. 

“Agricultural workers, they’re using their bodies and their bodies are in harm’s way. Same with construction workers,” she goes on to say. “Sex work, yes it’s a form of labor that uses the body, but just because it involves sexuality its taboo is blown out of proportion.”

 

“Someone you know is a sex worker” campaign launch

Sun/16 5-8 p.m., $10 suggested donation

 Intersection for the Arts

925 Mission, SF

www.stjamesinfirmary.org

 

Hot sexy events: October 12-18

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What does the future look like for our alternative sexuality community? While the political system borders on redundancy and no one cares about it anymore, perhaps now’s the time to turn our focus inward. Two projects are in the works to look at the interior world of queers – and they both could use a hand from you.

First up, Madison Young and Femina Potens’ “Building Our Own Picket Fences,” a group art show that will turn FP’s new gallery space into a series of experiencial multimedia projects. Young, Midori, Monica Canilao, Mev Luna, Amelia Reiff Hill, and Harrison Bartlett have been selected to depict what their new family traditions look like. 

“As a child I knew I didn’t want to exist within that traditional construct of that white picket fence,” says Young in her Kickstarter video (yep, the project is looking for $5,000). “I want the white picket fence, but I want it my way.”

Wanting it your way is a prerequisite if you’re going to help out filmmaker Danielle Fernández.  Fernández is creating a documentary called In My Room for the Queer Women of Color Media Arts Project, and – shocking, San Francisco! – needs your help in tracking down queers of color to invite her and her crew into their bedroom. Got what it takes? She’s asking interested party to send her a photo of themselves, their room, and a list of three things they do in their bedroom on a regular basis. Find more info here.  

Now, sex events. 

 

“Bawdy Storytelling: Infomaniac”

Semantics? Maybe, but words have power, baby – the power to entertain and arouse, in this event’s case. This month’s Bawdy features a Good Vibrations strap-on fashion show, and cerebral stories from Carol Queen, transgender comedian Morgan, Mollena, and slutty blogger Fleur De Lis.

Wed/12 8 p.m., $15

The Blue Macaw

2565 Mission, SF

www.bawdystorytelling.com


Jack Davis’ Penis Show

Look at it – Jack Davis’ singular passion, the crocheted penis. Struck by the number of women creating vulva art in his college art classes, Davis has been building the pincushion phalli for decades. View whole walls of them at this art opening in Good Vibes’ back gallery space. 

Thu/13 6-8 p.m., free

Good Vibrations

1620 Polk, SF

www.goodvibes.com


“Exploring the Taboos of Intimate Fun” with Frank Moore

Rub one out at this presentation by shaman-performer Frank Moore. He’s seeking to unlock a state of erotic friction called Lila. Finally, an excuse to dry hump like you mean it. 

Sat/15 8 p.m., sliding scale $5-$25

Center for Sex and Culture

1349 Mission, SF

www.sexandculture.org


Beatpig one-year anniversary

Walter Gomez and Juanita More take their drag-BDSM slutfest into its second year of existence tonight. Break down to More’s beats and knock back $1 shot specials. Even better? Your five bucks of cover go to fund the Transgender Law Center. See, it feels good to feel good – or bad, as the case might be. 

Sat/15 9 p.m.-2 a.m., $5

Powerhouse

1347 Folsom, SF

Facebook: Beatpig One-Year Anniversary


St. James Infirmary ad campaign launch 

The peer-based sex worker clinic is taking a bold move in its quest for justice for those that trade sex for funds. They’ll be placing ads featuring real sex workers on Muni buses all over town – putting them in the public eye and boldly asserting “You know a sexworker” (that’s the campaign’s title). Come eat, drink, and be merry with those involved at this reception. 

Sun/16 5-8 p.m., $10 suggested donation

Intersection for the Arts

925 Mission, SF

www.stjamesinfirmary.org

 

 

Stage Listings

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Stage listings are compiled by Guardian staff. Performance times may change; call venues to confirm. Reviewers are Robert Avila, Rita Felciano, and Nicole Gluckstern. Submit items for the listings at listings@sfbg.com. For further information on how to submit items for the listings, see Picks.

THEATER

OPENING

“Master Harold” … and the Boys Phoenix Theater, 414 Mason, Ste 601, SF; 1-800-838-3006, www.offbroadwaywest.org. $18-40. Opens Sat/15, 8pm. Runs Thurs-Sat, 8pm. Through Nov 19. Off Broadway West Theatre Company performs Athol Fugard’s South African-set drama.

On the Air Pier 29 on the Embarcadero (at Battery), SF; (415) 438-2668, love.zinzanni.org. $117 and up (includes dinner). Opens Thurs/13, 6pm. Runs Wed-Sat, 6pm; Sun, 5pm. Through Dec 31. Teatro ZinZanni’s final performance at Pier 39 riffs on the company’s own struggles to stay in San Francisco. Geoff Hoyle and Duffy Bishop are the headlining guest stars.

red, black & GREEN: a blues (rbGb) Yerba Buena Center for the Arts, 701 Mission, SF; (415) 978-2787, www.ybca.org. $5-25. Opens Thurs/13, 7:30pm. Runs Thurs-Sat, 7:30pm. Through Oct 22. Marc Bamuthi Joseph’s world premiere is a collaborative, multimedia performance work and installation addressing environmental racism, social ecology, and other topics.

BAY AREA

Inanna’s Descent Codornices Park, 1201 Euclid, Berk; www.raggedwing.org. Free. Opens Sat/15, 1-5pm. Runs Sat-Sun, 1pm. Through Oct 30. Special Halloween show Oct 31, 5-8pm. Ragged Wing Ensemble presents its second annual “outdoor, site-specific, ritual performance event for Halloween.”

ONGOING

“AfroSolo Arts Festival” Various venues, SF; www.afrosolo.org. Free-$100. Through Oct 20. The AfroSolo Theatre Company presents its 18th annual festival celebrating African American artists, musicians, and performers.

Alice Down the Rwong Wrabbit Whole Emerald Tablet, 80 Fresno, SF; (415) 500-2323, www.brownpapertickets.com. $15. Fri/14-Sat/15, 9pm. Karen Light and Edna Barrón perform their new comedy based on Alice in Wonderland.

Almost Nothing, Day of Absence Lorraine Hansberry Theatre, 450 Post, SF; (415) 474-8800, www.lhtsf.org. $43-53. Previews Wed/12-Thurs/13, 8pm. Opens Fri/14, 8pm. Runs Wed-Sat, 8pm (also Sat, 2pm); Sun, 2pm. Through Nov 20. Lorraine Hansberry Theatre performs one-act plays by Marcos Barbosa and Douglas Turner Ward.

Desdemona: A Play About a Handkerchief Boxcar Theatre Playhouse, 505 Natoma, SF; www.boxcartheatre.org. $15-35. Wed-Sat, 8pm; Sun, 3pm. Through Nov 5. Boxcar Theatre performs Pauls Vogel’s dark comedy, inspired by the three female characters from Shakespeare’s Othello.

Honey Brown Eyes SF Playhouse, 533 Sutter, SF; (415) 677-9596, www.sfplayhouse.org. $20-50. Tues-Thurs, 7pm; Fri-Sat, 8pm (also Sat, 3pm). Through Nov 5. Bosnia in 1992 is divided in a horrifying civil war, some characteristics of which play out in parallel circumstances for two members of a single rock band in SF Playhouse’s west coast premiere of Stefanie Zadravec’s new play. In the first act, set in Visegrad, a young Bosnian Muslim woman (Jennifer Stuckert) is held at gunpoint in her kitchen by a jumpy soldier (Nic Grelli) engaged in a mission of murder and dispossession known as ethnic cleansing. The second act moves to Sarajevo and the apartment of an elderly woman (Wanda McCaddon) who gives shelter and a rare meal to an army fugitive (Chad Deverman). He in turn keeps the bereaved if indomitable woman company. Director Susi Damilano and cast are clearly committed to Zadravec’s ambitious if hobbled play, but the action can be too contrived and unrealistic (especially in act one) to be credible while the tone — zigzagging between the horror of atrocity and the offbeat gestures of romantic comedy — comes over as confused indecision rather than a deliberate concoction. (Avila)

The Kipling Hotel: True Misadventures of the Electric Pink ’80s Marsh San Francisco, 1062 Valencia, SF; (415) 282-3055, www.themarsh.org. $15-50. Sat, 8:30pm; Sun, 7pm. Through Nov 13. Acclaimed solo performer Don Reed (East 14th) premieres his new show, based on his post-Oakland years living in Los Angeles.

Making Porn Box Car Theatre Studios, 125A Hyde, SF; www.brownpapertickets.com. $25-50. Thurs, 8pm; Fri-Sun, 7pm (also Fri-Sat, 10pm). Through Oct 29. Ronnie Larsen brings back his crowd-pleasing comedy about the gay porn industry.

Not Getting Any Younger Marsh San Francisco, Studio Theater, 1062 Valencia, SF; (415) 826-5750, www.themarsh.org. $15-50. Thurs-Fri, 8pm; Sat, 8:30pm; Sun, 3pm. Through Oct 23. Marga Gomez is back at the Marsh, a couple of too-brief decades after inaugurating the theater’s new stage with her first solo show — an apt setting, in other words, for the writer-performer’s latest monologue, a reflection on the inevitable process of aging for a Latina lesbian comedian and artist who still hangs at Starbucks and can’t be trusted with the details of her own Wikipedia entry. If the thought of someone as perennially irreverent, insouciant, and appealingly immature as Gomez makes you depressed, the show is, strangely enough, the best antidote. (Avila)

Nymph Errant Eureka Theater, 215 Jackson, SF; (415) 255-8207, www.42ndstmoon.org. $20-50. Wed, 7pm; Thurs-Fri, 8pm; Sat, 6pm; Sun, 3pm. Through Oct 23. 42nd Street Moon performs Cole Porter’s madcap 1933 musical.

*The Odyssey Aboard Alma, Hyde Street Pier, San Francisco Maritime National Historic Park, SF; www.weplayers.org. $160. Oct 28-29, Nov 4-6, 11-12, and 18, 12:30pm. Heralding their hugely ambitious Spring 2012 production of The Odyssey, which will take place all over Angel Island, the WE Players are tackling the work on a slightly smaller scale by staging it on the historic scow schooner Alma, which is part of the Maritime National Historical Park fleet docked at the end of Hyde Street Pier. Using both boat and Bay as setting, the essential chapters of the ten-year voyage — encounters with the Cyclops, Circe, the Underworld, the Sirens, Aeolus, the Laestrygonians, and Calypso — are enacted through an intriguing mash-up of narration, choreography, sea chanteys, salty dog stories (like shaggy dog stories, but more water-logged), breathtaking views, and a few death-defying stunts the likes of which you won’t see on many conventional stages. High points include the casual swapping of roles (every actor gets to play Odysseus, however briefly), Ross Travis’ masked and flatulent Prometheus and sure-footed Hermes, Ava Roy’s hot pants-clad Circe, Charlie Gurke’s steady musical direction and multi-instrumental abilities, and the sail itself, an experiential bonus. Landlubbers beware, so much time facing the back of the boat where much of the action takes place can result in mild quease, even on a calm day. Take advantage of the downtime between scenes to walk around and face forward now and again. You’ll want to anyway. (Gluckstern) *Once in a Lifetime American Conservatory Theater, 415 Geary, SF; (415) 749-2228, www.act-sf.org. $10-85. Wed/12-Sat/15, 8pm (also Wed/12 and Sat/15, 2pm); Sun/16, 2pm. Three enterprising small-time New York theater makers head to Hollywood as voice coaches for silent screen actors fumbling the transition to talkies in American Conservatory Theater’s revival of George S. Kaufman and Moss Hart’s first Broadway collaboration. Originally premiered in 1930, the satirical take on the industry and its corruption of art and more is ever apt if not exactly fresh, and not all the comedy in its hefty three acts still lands where it should. That said, you probably couldn’t ask for a better revival of the piece, which retains much to admire and enjoy. Beautifully designed in grand fashion (including wowing sets by Daniel Ostling and snazzy costuming by Alex Jaeger), director Mark Rucker’s slick and savvy production ensures a perfect pace and wonderfully sharp ensemble acting led by the terrific trio of Julia Coffey, Patrick Lane, and John Wernke — but including some notable turns in multiple roles, including by René Augesen, Margot Hall, and Will LeBow. Rucker inserts some choice period film clips (the mesmerizing moments speaking with perhaps inadvertent force to the power of the celluloid medium and its tensions with theater, a sub-theme of the story), while Alexander V. Nichols’ video design adds further moment to this continent-crossing Hollywood escapade. (Avila)

“San Francisco Olympians Festival” Exit Theater, 156 Eddy, SF; www.sfolympians.com. Thurs-Sat, 8pm. Through Oct 28. No Nude Men Productions presents a festival of 12 new full-length plays written by 14 local writers. Each play focuses on one of the Olympian characters from ancient Greece.

ShEvil Dead Cellspace, 2050 Bryant, SF; www.brownpapertickets.com. $25. Sat/15, Oct 21, and 28-29, 8pm. Primitive Screwheads return with a horror play (in which the audience is literally sprayed with blood, so leave the fancy suit at home!) based on the Evil Dead movies.

“Shocktoberfest 12: Fear Over Frisco” Hypnodrome Theatre, 575 10th St, SF; (415) 377-4202, www.thrillpeddlers.com. $25-35. Thurs-Sat, 8pm. Through Nov 19. In its annual season-scented horror bid, Thrillpeddlers joins forces with SF’s Czar of Noir, writer-director Eddie Muller, for a sharply penned triplet of plays that resurrect lurid San Francisco lore as flesh-and-blood action. In the slightly sluggish but intriguing Grand Inquisitor, a solitary young woman modeling herself on Louise Brooks in Lulu (an alluringly Lulu-like Bonni Suval) believes she has located the Zodiac killer’s widow (a sweet but cagey Mary Gibboney) — a scenario that just can’t end well for somebody, yet manages to defy expectations. An Obvious Explanation turns on an amnesiac (Daniel Bakken) whose brother (Flynn de Marco) explains the female corpse in the rollaway (Zelda Koznofski) before asking bro where he hid a certain pile of money. Enter a brash doctor (Suval) with a new drug and ambitions of her own vis-à-vis the hapless head case. Russell Blackwood directs The Drug, which adapts a Grand Guignol classic to the hoity-toity milieu of the Van Nesses and seedy Chinatown opium dens, where a rough-playing attorney (an ever persuasive Eric Tyson Wertz) determines to turn a gruesome case involving the duplicitous Mrs. Van Ness (an equally sure, sultry Kära Emry) to his own advantage. The evening also offers a blackout spook show and some smoothly atmospheric musical numbers, including Muller’s rousing “Fear Over Frisco” (music composed by Scrumbly Koldewyn; accompaniment by Steve Bolinger and Birdie-Bob Watt) and an aptly low-down Irving Berlin number — both winningly performed by the entire company. (Avila)

Sorya! A Minor Miracle (Part One) NOHSpace, Project Artaud, 2840 Mariposa, SF; www.brownpapertickets.com. $12-18. Sun-Mon, 7pm. Through Oct 24. Each year, NOHspace residents Theatre of Yugen present a program of short Kyogen and Noh pieces, demonstrating the building blocks that define their unique approach. Blending classical Japanese theatrical styles with original and contemporary works, the company’s multi-cultural ensemble has been performing their specialized brand of East-West fusion since 1978. This year’s Sorya! program includes two modern-day works written by Greg Giovanni, a Philadelphia-based playwright and Noh artist, directed by Theatre of Yugen artistic director Jubilith Moore, and one traditional comedy, Boshibari (Tied to a Pole), directed by company founder Yuriko Doi. This piece is by far the strongest of the three, a tale of two servants pulling one over their master, who has tied them up in order to prevent them from breaking into the sake cellar. Lluis Valls and Sheila Berotti as Taro and Jiro execute the highly-ritualized aspects of the Kyogen farce with deft mobility and expressiveness, working together to overcome their captivity just enough to enjoy a few drinks before being discovered by their irate master (Sheila Devitt). The other two pieces, one set in Narnia and the other based on an Irish folk ballad, are less compelling, though no less ambitious, and Stephen Siegel and Karen Marek’s joint performance as a pair of squabbling dwarves is worthy of praise. (Gluckstern)

*Tutor: Enter the Enclave Exit Studio, 156 Eddy, SF; (415) 673-3847, www.darkporchtheatre.com. $15-25. Thurs-Sat, 8pm. Through Oct 22. Dark Porch Theatre performs Martin Schwartz’s play, inspired by an 18th century German drama, about a tutor who realizes the creepy family he works for is not quite what they seem.

BAY AREA

Attempts on Her Life Zellerbach Playhouse, Bancroft at Telegraph, UC Berkeley, Berk; tdps.berkeley.edu. $15. Fri/14-Sat/15, 8pm; Sun/16, 2pm. “Annie” never appears onstage but is the much discussed, indeterminate subject of British playwright Martin Crimp’s dazzling 1997 play, which spins the titular “her” into a postmodern cipher-self coughing up — in a shrewd, caustic, at times hilarious slew of discrete but interrelated scenes — the detritus of an international world/netherworld of consumerism, terrorism, media, and murder. The play, which premiered at the cusp of the millennium (and locally in a memorable 2002 production by foolsFURY), retains perhaps all of its original force in these menacing times, but unfortunately much of it is lost or diluted in director Scott Wallin’s production for UC Berkeley’s Department of Theater, Dance, and Performance Studies. The staging (set within a large initially bare stage with audience members on either side arena-style) holds some effective surprises, but is unhelpfully diffused or static at times, while the performance of the polyglot 10-actor ensemble is generally weak (the monologue “Kinda Funny” is one among a handful of notable exceptions), especially when the cast attempts singing and moving together. The decidedly mixed success here leaves room for another attempt soon on this elusive and stimulating work. (Avila)

Bellwether Marin Theatre Company, 397 Miller, Mill Valley; (415) 388-5208, www.marintheatre.org. $34-55. Tues, Thurs-Sat, 8pm (also Sat/15 and Oct 29, 2pm; Oct 20, 1pm); Wed, 7:30pm; Sun, 2 and 7pm. Through Oct 30. Marin Theatre Company performs Steve Yockey’s spooky fairy tale for adults.

Clementine in the Lower 9 TheatreWorks at the Mountain View Center for the Performing Arts, 500 Castro, Mtn View; (650) 463-1960, www.theatreworks.org. $19-69. Tues-Wed, 7:30pm; Thurs-Sat, 8pm (also Sat, 2pm); Sun, 2 and 7pm. Through Oct 30. TheatreWorks presents the world premiere of Dan Dietz’s post-Katrina New Orleans drama.

*A Delicate Balance Aurora Theatre, 2081 Addison, Berk; (510) 843-4822, www.auroratheatre.org. $10-48. Tues, 7pm; Wed-Sat, 8pm; Sun, 2 and 7pm. Extended through Oct 23. Aurora Theatre performs Edward Albee’s comedy of manners.

*Phaedra Ashby Stage, 1901 Ashby, Berk; (510) 841-6500, www.shotgunplayers.org. $17-26. Wed-Thurs, 7pm; Fri-Sat, 8pm; Sun, 5pm. Through Oct 23. Catherine (Catherine Castellanos) is the loveless matron in the impeccably tidy, upper-class home of middle-aged right-wing judge Antonio (Keith Burkland), secretly infatuated with her stepson (Patrick Alparone), the prodigal returning home from jail and rehab for a new start. Catherine’s cold, obsessively ordered run of the household — with heavy-lifting by her cheerful, steadfast housekeeper (a wonderfully genuine Trish Mulholland) — masks a desolation and chaos inside her, a churning emptiness evoked in the deliberately listless pace of act one and the skudding clouds we can see reflected in the walls of designer Nina Ball’s impressively stolid, icily tasteful living room. Portland Center Stage’s Rose Riordan directs a strong cast (which includes Cindy Im, as the stepson’s rehab partner and sexual interest) in a modern-day adaptation of the Greek myth by Adam Bock (The Shaker Chair, Swimming in the Shallows), in a worthy premiere for Shotgun Players. The drama comes leavened by Bock’s well-developed humor and the dialogue, while inconsistent, can be eloquent. The storm that breaks in the second act, however, feels a bit compressed and, especially after the languid first act, contributes to a somewhat pinched narrative. But whatever its limitations, Catherine’s predicament is palpably dramatic, especially in Castellanos’s deeply moving performance — among her best work to date and alone worth giving Phaedra a chance. (Avila)

*Rita Moreno: Life Without Makeup Berkeley Repertory Theatre, Roda Theatre, 2015 Addison, Berk; (510) 647-2949, www.berkeleyrep.org. $14.50-73. Tues-Sun, showtimes vary. Through Oct 30. The life of stage and screen legend Rita Moreno is a subject that has no trouble filling two swift and varied acts, especially as related in anecdote, song, comedy, and dance by the serene multiple–award-winning performer and Berkeley resident herself. Indeed, that so much material gets covered so succinctly but rarely abruptly is a real achievement of this attractively adorned autobiographical solo show crafted with playwright and Berkeley Rep artistic director Tony Taccone. (Avila)

The Taming of the Shrew Bruns Amphitheater, 100 California Shakespeare Wy, Orinda; (510) 809-3290, www.calshakes.org. $35-66. Wed/12-Thurs/13, 7:30pm; Fri/14-Sat/15, 8pm; Sun/16, 4pm. California Shakespeare Theatre’s last show of the season is a high-fashion, pop-art take on Shakespeare’s battle of the sexes.

The World’s Funniest Bubble Show Marsh Berkeley, TheaterStage, 2120 Allston, Berk; (415) 826-5750, www.themarsh.org. $8-50. Sun, 11am. Through Nov 20. Louis “The Amazing Bubble Man” Pearl returns with this kid-friendly, bubble-tastic comedy.

DANCE/PERFORMANCE

Alonzo King LINES Ballet Novellus Theater, Yerba Buena Center for the Arts, 700 Howard, SF; www.linesballet.org. Fri/14-Sat/15 and Oct 21-22, 8pm; Sun/15 and Oct 23, 5pm; Oct 19-20, 7:30pm. $15-65. The company performs its fall home season, featuring two world premieres.

“Hula Show 2011” Palace of Fine Arts Theatre, 3301 Lyon, SF; (415) 392-4400, www.cityboxoffice.com. Sat/15, Oct 21-22, 8pm; Sun/16, 4pm; Oct 23, noon (family matinee) and 4pm. $10-45. Patrick Makuakane’s Na Lei Hulu I Ka Wekiu performs its annual show mixing traditional and contemporary forms of hula, with special guests Golden Gate Men’s Chorus.

*”PanderFest 2011″ Stage Werx 446, 446 Valencia, SF; www.panderexpress.com. Thurs-Sat, 8pm. Through Oct 29. $20. San Francisco’s Crisis Hopkins and (PianoFight’s S.H.I.T. Show makers) Mission Control join forces for a tag-team evening of sketch and “improv” (quotes kind of necessary this time). Claiming dubiously to fill a need for yet another festival in this city (though at the same time striving for above-average fawning of the public), the show delivers two acts of mostly spot-on comedy by two agreeable ensembles and is thus a fine night out anyway. The program (based rather loosely on online-video–generated audience suggestions, interspersed with the sneezing Panda baby and other YouTube perennials) also inaugurates Stage Werx’s cozy new Mission District venue — the former digs of Intersection for the Arts and a huge improvement over Stage Werx’s old subterranean lair on Sutter Street. Highlights of a ridiculous evening include a two-part Crisis Hopkins sketch detailing a site visit by a ball-wrecking contractor (Christy Daly) to her chary foreman (Sam Shaw) and his withering cherries; and Mission Control’s pointed ’70s TV show homage with a twist, Good Cop, Stab Cop. (Avila)

“San Francisco Trolley Dances 2011” Tours leave from SF Public Library, 100 Larkin, SF; (415) 226-1139, www.epiphanydance.org. Sat/15-Sun/16, every 45 minutes from 11am-2:45pm. Free with Muni fare ($2). Ephiphany Productions presents its eighth annual moving festival of local dance companies performing site-specific, outdoor pieces.

“To Bury a Cat: A Clown Show” NOHspace in Project Artaud, 2840 Mariposa, SF; 1-800-838-3006, www.brownpapertickets.com. Fri-Sat, 8pm; Sun, 2pm. $10. Theatre of Yugen’s ARTburst Program presents this performance by Clowns On a Stick.

“Witches of Wonder” Big Umbrella Studios, 960 Divisadero, SF; www.bigumbrellastudios.com. Fri, 7pm. Free. All all-female cast sends up Halloween, Day of the Dead, and “all things goth” in this performance.

Brown vetoes bicycle buffer zone

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Anyone who has ever ridden a bicycle knows how scary and dangerous it is when cars pass too closely at high speed. So the California Bicycle Coalition made its top legislative priority for the year a bill, SB 910, to require drivers to give bicyclists a three-foot buffer or slow down to 15 mph. And even though the Legislature overwhelmingly approved this reasonable traffic safety measure, Gov. Jerry Brown vetoed it on Friday.

“His veto made no sense. We honestly can’t figure out why he vetoed the bill,” said CBC executive director Dave Snyder, a San Francisco resident who used to run the San Francisco Bicycle Coalition and who founded Transportation for a Livable City (now known as Livable City). “It’s not based on logic or public policy, but just based on politics.”

The California Highway Patrol and California Department of Transportation opposed the measure on the grounds that it could impede the flow of automobile traffic, and Brown cited their stand in his veto message. Indeed, keeping cars moving at high speed has long been the central goal of these agencies, even when it has high economic, environmental, or public safety costs.

But Snyder is right that Brown’s veto message is confusing and contradictory. He expresses support for the three-foot buffer, but expresses concern about slowing traffic to 15 mph, seemingly confused about the meaning of the word “or,” meaning drivers can provide the buffer or slow down to a safe passing speed if they’re unable to give bicyclists that much room.

People who don’t ride bikes tend to forget that automobiles are deadly weapons, and that a bicyclist’s brief swerve to avoid a pothole, broken glass, or other hazard can have disastrous consequences if a car is passing too closely. This veto follows another illogical one – Brown’s rejection of Sen. Mark Leno’s local vehicle license fee bill, which would have pumped $75 million into SF’s coffers and was almost universally supported by this year’s mayoral field – that gave undue deference to automobile owners.

Meanwhile, the San Francisco Police Department recently launched a crackdown on bicyclists in the city, issuing dozens of tickets on Market Street for running stop lights and on Townsend for briefly riding on the sidewalk en route to the Caltrain station – and ignoring the nearby cars parked in bike lanes and running those same red lights.

Now, before we get to the commenters’ tirade about scofflaws on bicycles – which come every time we write about bikes – let me note that people break the law on every form of transportation, everyday. Motorists speed, run stop signs and lights, and illegally edge past pedestrians (who themselves jaywalk with great regularity). And every Muni bus has several riders who haven’t paid. None of us are angels, so try not to get too worked up into a sanctimonious rage.

But if you want to truly understand why bicyclists can often be so flagrant in our disregard for the law, consider that we’re using a transportation system and abiding traffic laws that weren’t designed for us. Seriously, just ride a bike and you’ll quickly understand. We don’t need to stop at every stop sign or signal light to have a safe, smooth-flowing transportation system that doesn’t steal the right-of-way from drivers, who we can usually see and hear coming with plenty of time to stop. Idaho and other jurisdictions actually treat bikes differently than cars in this realm, with laws that don’t require cyclists to lose momentum by repeatedly coming to complete stops, and it works well.

The fact is, the bike buffer bill is the very minimum that we need to encourage cycling as a safe and appealing transportation option to more people, which would only help our environment, public health, and dependence on fossil fuels. And the fact that it was vetoed for petty, illogical reasons is incredibly frustrating.

Yet there may be a silver lining to this. Snyder said the CBC, which is just beginning to increase its reach and influence and to prepare a more ambitious agenda on behalf of California cyclists, will use this defeat as a launching pad for future efforts.

“The main benefit of the three-foot bill was the community organizing that we did to get is passed. So now we can leverage that for our next steps,” Snyder said. “California needs a lot more than a three-foot buffer to give people more safe transportation choices.”

Alioto-Pier plays the school card

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Former Supervisor Michela Alioto-Pier is barely registering in the mayoral polls and at this point has about zero chance of getting elected. So she’s thrown out a desperation pitch, trying to get votes from people who think kids should all go to neighborhood schools.

A mailer that I got yesterday shows two sad looking children in front of a Muni bus with the line: “Our ride to school is longer than our parents’ ride to work. Who will stand up and fight for us?”

There are shades of the old (sometimes racist) anti-busing stuff here — why should kids have to ride buses – buses — to go to a school that isn’t right in the neighborhood? There’s also very much a class issue — the public schools in rich neighborhoods have resources (that is, rich parents) that schools in poor neighborhoods don’t. So kids who grow up in (still segregated) poor neighborhoods won’t get a chance to have the same quality education as kids who had the skill and drive that it took to be born to wealthy parents.

Sure, we could “make every school a great school,” as the neighborhood schools crew likes to say — but that would take money. Tax money. Lots more tax money.  And I don’t hear Alioto-Pier talking about repealing Prop. 13.

Here’s the reality: In most public schools, parents have to raise money to supplement what the district can offer. You want smaller classes, or language options? Fine — come up with $50,000. Hold fundraisers, write grants, beg and plead — and some school communities are very good at it. Clarendon routinely raises $200,000 or more a year. My daughter’s school, McKinley, holds a car was and Dog Fest, and we got a corporate grant to rebuild the playground. Those things take (a) parents who have time and (b) parents with the skills to write grants and (c) parents who have money to contribute on their own.

You segregate school attendance by neighborhood and you’ll get some schools that have a lot of a, b, and c — and some that have almost none. Now, you could “tax” the good fundraisers — force, say, the Clarendon and McKinley parents to give 25 percent of everything they raise to other schools that don’t have the same parent resources. I’m not actually against that. But it’s almost impossible to administer and unlikely to happen.

Or you could say that parents all over town have the right to choose a school anywhere, including one of the ones in the wealthier parts of town. Then the parents who have resources wind up helping out kids who come from poorer families, because the schools are more socio-economically diverse.

There’s also the fact that San Francisco is a pretty small city; taking a bus from my neighborhood, Bernal Heights, to my son’s middle school, Aptos — in a different neighborhood in another part of town — isn’t that big a deal.

And there’s the indisputable fact that most parents don’t want to be limited to their neighborhood schools. They want choice. There are different types of programs for different kids — and you can’t have Mandarin, Spanish and Japanese immersion all offered at every single elementary school. 

And by the way: Most parents who want to send their kids to the nearby schools get their way already. The new assignment policy gives priorioty to neighborhood residents. And 80 percent of the parents who enter the lottery get one of their seven choices. (Enter the lottery and chose your neighborhood school and the odds are pretty good that you’ll get it. But a lot of people don’t do that — they want a different program or opportunity somewhere else. San Francisco very rarely forces kids to take long bus rides; those kids mostly go to schools that their parents chose for them.) It’s not a perfect system, but as a parent who’s been through it (twice), I can tell you it’s really not that bad.

Then there’s the fact that the mayor doesn’t actually get to decide any of this. The school assigment policy is set by the School Board. So even if Alioto-Pier got elected, there’s no way she could implement the “neighborhood school plan” that she’s talking about.

This is just outright pandering to a West Side crowd. And it’s probably a waste of paper and ink — Alioto-Pier’s not going back to City Hall.

Bevan Dufty loves Muni

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The award for the best political ad of the year (so far) goes (no surprise) to Bevan Dufty, who is the only mayoral candidate willing to laugh about himself and the only one who could pull off an ad that’s a love poem to Muni.

I’m sympathetic: I love Muni, too. But I’m not running for mayor and trying to explain why the system is so fucked up.

Still: It’s great to see Dufty on the train with his kid, and it’s great to remember how exciting Muni is for kids, and I laughed when I saw the ad. Which is something.

Check it out:

 

We could ride trains

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The Muni trains are fun. I rode them for years before I figured that out. 

Muni was always a matter of function, a means of getting around. I was in a rush, a busy person with Places to Be. I was late; the train wasn’t there. When one of those historic clankers from Boston showed up on Church Street, I got even more crabby. The thing goes about four miles an hour; don’t they know we’re on a schedule here?

And then I had a son.

Even before he could talk, Michael loved trains. He’d point at them and start waving his hands up and down and laughing. “Choo-choo” was one of his first words; I think he knew that one even before “dada” and “mama.” And when I finally took him for a ride on the J-Church, around his second birthday, he became the happiest boy on the planet.

For the next year or so, every weekend morning, when he woke me up at the crack of dawn, I’d ask him what he wanted to do that day, and he’d say, with a big smile, “We could ride trains!” And almost every Saturday and Sunday afternoon, that’s what we’d do, from Church Street to Market Street, down Market, maybe along the waterfront to the end of the line at Fisherman’s Wharf. Then we’d get on another train and ride back home.

Sometimes we’d stop for a while at Dolores Park; sometimes we’d have doughnuts and check out the sea lions at the wharf. Sometimes we’d take a walk along the bay and look at boats. But really, as Zen masters and three-year-old boys have always known, the journey was the destination.

It’s different seeing the city through a child’s eyes.

I remember the amazing sense of wonder I had when I first arrived in San Francisco, a 22-year-old out of the New York suburbs and a Connecticut college town who had never been west of Buffalo. Everything seemed so alive, so special and strange and funny. And after a while, like everyone else, I had to pay the rent, and fight with the bank and the phone company, and the IRS found me, and life in the big city became, well, life in the big city.

But when you walk around with a kid, it all starts to come back. The whole urban world is an adventure. That stuff blowing around on the sidewalks isn’t garbage — it’s treasure. The graffiti on the walls isn’t vandalism (or even art) — it’s a clue to some sort of puzzle, maybe a map to where the pirates buried the gold. Even watching the train pull away just before you get to the corner isn’t any reason to be mad — because (as Michael always announces with glee) pretty soon there will be another one!

Just walking out the door is an explosion of scientific marvels. The wind is moving air, which is pretty cool when you think about it. The fog is a cloud on the ground. The rain makes puddles, and puddles lead to big splashes and soaking wet feet, and life doesn’t get much better than that. I suspect that every day in Michael’s life is like the first time I smoked pot and tried to talk about the difference between time and color.

There was a long period (and now it seems like another lifetime) when I could go for weeks without venturing beyond work, the 500 Club, a couple of take-out places, and my apartment. The advantage (and curse) of this city is that you can live quite well in your own neighborhood (particularly when it’s a place like the Mission District or Bernal Heights), so you don’t need to go anywhere else.

Amazing what I was missing.

I’ve lived in or around the Mission for 10 years, and I’d never been to Garfield Pool. You can swim there for three bucks, and it’s never crowded. The locker room feels like something out of a 1940s socialist paradise — everything’s one color, brutally utilitarian, and just a little bit broken. There are free kickboards, basketballs (and a poolside hoop), and sometimes even swim goggles (I guess when people leave them behind they become properly nationalized). The Upper Noe Recreation Center has the same sort of feel: on Saturday mornings, there’s a toddler gym, filled with a huge conglomeration of toys that look and feel like they were never actually new. But they work just fine and are durable as hell, and on rainy days, dozens of children stranded inside get a chance to ride welded tricycles and plastic cars around and crash into each other, with no ill effect. I smile just thinking about it.

The big children’s playground at Golden Gate Park has a long, steep slide made out of concrete that would make a modern-day insurance agent gasp in horror and alarm. Kids who have barely learned to walk somehow manage to climb up about 75 slippery, uneven steps that are almost too much for me, then sit on torn pieces of cardboard and careen down a hard, fast incline and skid to a stop at the bottom. It’s outstanding.

At Crissy Field, there’s a narrow, shallow channel where the water in the newly restored tidal marsh flows in and out of the bay. I don’t think the people who oversaw the ecological restoration of the wetlands area had any idea they were creating a swimming hole for kids, but that’s what happened: on warm days, dozen of children splash in the stream and build elaborate sand castles on the banks. When the tide goes out, a muddy island appears in the middle. Even with the tide coming in, the channel is never more than a few feet deep. It’s mind-boggling: you’re on the edge of the bay, in the shadow of the Golden Gate Bridge, a few yards away from the icy-cold currents and riptides where even seriously athletic adults in wet suits venture only with care — and three-years-olds are romping in the water with their dogs.

There’s a railroad museum at the old Hunters Point shipyard, with vintage steam engines that still work. There’s a model river (full of water and plastic fish) at the Bay Area Discovery Museum in Sausalito. There’s a working beehive in the bug house at the San Francisco Zoo, and the queen bee has a white dot painted on her abdomen. There’s an artificial earthquake that shakes up the Lego houses you can build at the California Academy of Sciences.

There are stores in the Mission that sell parachuting space aliens. If you ask nicely at Mitchell’s Ice Cream, they’ll stick a few green gummy worms in your chocolate-chip cone.

These are all things I didn’t know.

When I was a kid in the suburbs, I couldn’t imagine growing up in a city. I hope my kids see it differently. Because I’m getting to be a kid again right here in San Francisco — and I can’t imagine anyplace better.

On Guard!

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news@sfbg.com

 

CENTRAL SUBTERFUGE

While supporters of the controversial Central Subway project — from Mayor Ed Lee and his allies in Chinatown to almost the entire Board of Supervisors — dismiss the growing chorus of critics as everything from ill-informed to racist, they refuse to address the biggest concerns about the project.

In a nutshell, the main concerns center on serious design flaws (such as the lack of direct connections to either Muni or BART), the city’s responsibility for any cost overruns on this complex $1.6 billion project, its estimated $15.2 million increase to Muni’s already strained annual operating budget (a figure used by the Federal Transportation Administration, well over the local estimate of $1.7 million), and the city’s unwillingness to implement its own plans for improving north-south transit service on congested Stockton Street rather than relying solely on such an expensive option for serving Chinatown that doesn’t start until 2019.

Judge Quentin Kopp, a longtime former legislator, called this summer’s grand jury report, “Central Subway: Too Much Money for Too Little Benefit,” the best he’s ever read and one that should be heeded. He recently wrote a letter to top state officials urging them to reconsider the $488 million in state funding pledged to the project. As we reported last week, mayoral candidate Dennis Herrera is also challenging a project that he supported before its most recent cost overruns and design changes.

But supporters of the project pushed back hard on Sept. 14, using taunts and emotional rhetoric that avoided addressing the core criticisms. “Beneath the unfounded criticism about costs is actually a disagreement over values. The grand jury report relied upon by critics makes a only brief and superficial criticism about costs,” Norman Fong and Mike Casey wrote in an op-ed in last week’s Guardian.

Actually, the 56-page grand jury report goes into great detail about why it believes cost overruns are likely, citing the myriad risks from tunneling and SFMTA’s administrative shortcomings and history of mismanagement, including on this project’s less-complicated first phase, the T-Third line, which was 22 percent over budget and a year and half late in completion. Even with the contingencies built into the Central Subway budget, the report notes that a similar overrun would increase the local share of this project from $124 million to more than $150 million.

Mayor Lee purportedly addressed criticism of the project during the Question Time session in the Sept. 14 Board of Supervisors meeting, prompted by a loaded question from Sup. Sean Elsbernd offering Lee the “opportunity to move beyond the clichés and one-liners of political campaigns.”

But Lee’s answer was classically political, touting the estimated 30,000 jobs it would create, praising those who have pushed this project since the 1980s, offering optimistic ridership estimates (that exceed current FTA figures by about 9,000 daily riders), and ignoring concerns about whether the city can cover the ever-increasing capital and operating costs.

“Now is the time to support the Central Subway,” Lee said, flashing his trademark mustachioed grin.

We called the normally responsive Elsbernd, who prides himself on his fiscal responsibility, twice, to ask about financial concerns surrounding the project and he didn’t call back. During their mayoral endorsement interviews with the Guardian last week, we also asked Sups. John Avalos and David Chiu to address how they think the city will be able to afford this project, and neither had good answers about the most substantive issues (listen for yourself to the audio recordings on our Politics blog).

Once Congress gives final approval to $966 million in federal funding for this project sometime in the next couple months, the city will be formally committed to the Central Subway and all its costs. It’s too bad that, even during election season, all its supporters have to offer to address valid concerns are “clichés and one-liners.”(Steven T. Jones)

 

BLACK AGENDA

Mayoral candidates faced tougher questions than usual at a Sept. 15 forum hosted by the Harvey Matthews Bayview Hunters Point Democratic Club. Whereas debates hosted in the Castro and Mission Bay, for instance, featured questions on how candidates planned to clean up city streets, what they thought about AT&T’s plan to place utility boxes on city sidewalks, or how they’d promote a more business-friendly environment, residents brought a thornier set of concerns to the Bayview Opera House.

One question pointed to an alarming statistic based on U.S. Census data and cited by racial justice advocates, showing that residents of the predominantly African American Bayview Hunters Point have a life expectancy that’s 14 years lower, on average, than that of residents of the more well-to-do Russian Hill.

Someone else asked about improving mental health services for lower-income community members struggling with post-traumatic stress syndrome (PTSD). High unemployment figured in as a key concern. And one member of the audience wanted to know how candidates planned to “improve the behavior of the police,” alluding to the mid-July officer-involved shooting that left 19-year-old Seattle resident Kenneth Harding dead, triggering community outrage.

Mayor Ed Lee attended the beginning of the forum but left early to attend an anniversary celebration for the Bayview Hunters Point Foundation; other participants included Terry Joan Baum, Jeff Adachi, Bevan Dufty, Dennis Herrera, David Chiu, Michela Alioto-Pier, and Joanna Rees.

Answers to Bayview residents’ sweeping concerns varied, yet many acknowledged that the southeastern neighborhood had been neglected and ill-served by city government for years.

“There is no economic justice here in Bayview Hunters Point,” Adachi said. “There never has been. That’s the reality.” He pointed to his record in the Pubic Defender’s Office on aggressively targeting police misconduct, and played up his pension reform measure, Prop. D, as a vehicle for freeing up public resources for critical services.

Dufty, who has repeatedly challenged mayoral contenders to incorporate a “black agenda” into their platforms, spoke of his vision for a mayor’s office with greater African American representation, and emphasized his commitment to improving contracting opportunities for minority-owned businesses.

Herrera, meanwhile, was singled out and asked to explain his support for gang injunctions, an issue that has drawn the ire of civil liberties groups. “I only support gang injunctions as a last resort,” he responded. “We shouldn’t have to use them. But … people should be able to walk around without being caught in a web of gang violence. I put additional restrictions on myself to go above and beyond what the law requires, to make sure that I am balancing safe streets with protecting civil liberties.”

Herrera asserted that gang violence had been reduced by 60 percent in areas where he’d imposed the controversial bans on contact between targeted individuals, and noted that the majority of those he’d sought injunctions against in Oakdale weren’t San Francisco residents.

Baum brought questions about a lack of services back to the overarching issue of the widening income and wealth gaps. “Right now, the money is being sucked upward as we speak,” she said. “We have to bring that money back down.”

She closed with her signature phrase: “Tax the rich. Duuuuh.” (Rebecca Bowe)

 

DUFTY REMEMBERS

The selection of Ed Lee as interim (or not-so-interim) mayor of San Francisco was one of those moments that left just about everyone dazed — how did a guy who wasn’t even in town, who had shown no interest in the job, who had never held elective office, suddenly wind up in Room 200?

Well, former Sup. Bevan Dufty, who was going to nominate Sheriff Mike Hennessey and switched to providing the crucial sixth vote for Lee at the last minute, told us the story during his mayoral endorsement interview last week.

Remember: Lee, as recently as a few days earlier, had told people he didn’t want to be mayor. “An hour before the meeting, Gavin (Newsom) called Michela (Alioto-Pier) and me into his office and said Ed Lee had changed his mind,” Dufty told us. He walked out of the Mayor’s Office uncommitted, he said, and even Newsom wasn’t sure where Dufty would go.

After two rounds of voting, with Dufty abstaining, there were five votes for Lee. So Dufty asked for a recess and went back to talk to Newsom — where he was told that the mayor thought the reason the progressives were supporting Hennessey was that the sheriff had agreed to get rid of about 20 mayoral staffers — including Chief of Staff Steve Kawa, “who had engineered Ed Lee running.”

So Kawa, with Newsom’s help, preserved his job and power base. “It’s all turnabout,” Dufty said. “I figure Mike Hennessey’s had a couple of beers and a couple of good times thinking about my vote. But that’s politics.” (Tim Redmond)

 

ALMOST FREE?

Friends and supporters of Shane Bauer and Josh Fattal were kept in a state of agonizing suspense over whether the two men, both 29, would be released from the Iranian prison where they’ve been held for more than two years following an ill-fated hiking trip in Iraqi Kurdistan.

On Sept. 13, Iranian President Mahmoud Ahmadinejad stated publicly that Bauer and Fattal could be freed “in a couple of days.” The announcement brought hope for family and friends who, just weeks earlier, had absorbed the news that the men were sentenced to eight years in prison after an Iranian court found them guilty of committing espionage, a charge that the hikers, the United States government, religious leaders, and human rights advocates have characterized as completely baseless.

Reports followed that the Iranian judiciary would commute the hikers’ sentences and release them in exchange for bail payments totaling $1 million. But by Sept. 16, when supporters gathered in San Francisco in hopes that of an imminent announcement, they were instead greeted with new delays.

The constantly shifting accounts hinted at internal strife within the Iranian government, and contributed to the sense that Bauer and Fattal were trapped as pawns in a power struggle. By Sept. 19, their Iranian lawyer remained in limbo, awaiting the signature of a judge who was scheduled to return from vacation Sept. 20.

“Shane and Josh’s freedom means more to us than anything and it’s a huge relief to read that they are going to be released,” the hikers’ families said in a statement Sept. 13. “We’re grateful to everyone who has supported us and looking forward to our reunion with Shane and Josh. We hope to say more when they are finally back in our arms.” (Rebecca Bowe)

Our Weekly Picks: September 21-27

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WEDNESDAY 21

Veronica Falls CANCELLED

Apparently, this UK indie rock band found its relaxed retro pop sound right from the get-go. Singles “Found Love in a Graveyard” and “Beachy Head” combined jangly, propulsive rhythms with light, morbid lyrics for a result that could easily find an anachronistic home in the recent remake of Brighton Rock (and not just because every video for the band looks like it was ran through a Hipstamatic app.) Now with a self-titled debut album on Slumberland Records, Veronica Falls is scheduled to tour in support of the Drums and Dum Dum Girls next month. This will be their West Coast record release show. (Ryan Prendiville)

With The Mantles, Brilliant Colors

9 p.m., $13

Brick and Mortar Music Hall

1710 Mission, SF

(415) 800-8782

www.brickandmortarmusic.com

 

THURSDAY 22

Teengirl Fantasy at Icee Hot

They put something in the water over at Oberlin. Beach House, Blondes, Teengirl Fantasy. Now at work in the real world, which includes opening for Crystal Castles, Teengirl Fantasy has found a style that’s just as likely to draw from the pop charts as it is from their academic pedigree. A little Lil Jon on one track, a little Raymond Scott on the next. With cooled, slo-mo beats and hyped up MCs turned down, the result is an aural muscle relaxant, allowing you to focus on making bedroom eyes across the dance floor. Teengirl Fantasy comes our way to play monthly party Icee Hot. (Prendiville)

With Total Freedom, Magic Touch (Damon Palermo), Shawn Reynaldo, and Rollie Fingers

10 p.m., $5-10

Public Works

161 Erie, SF

(415) 932-0955

www.publicsf.com

 

FRIDAY 23

Smuin Ballet

The late Michael Smuin was not one of my favorite choreographers. But he left behind a substantial inheritance that had gained him respectable audiences. Smuin choreographed one his most serious pieces, “Stabat Mater” — Dvorak’s response to the death of his infant daughter — in the aftermath of 9/11. He also loved to play with pop eroticism; “The Eternal Idol” — you can see its inspiration at the Legion of Honor — and “Tango Palace” showcase that propensity. Amy Seiwert premieres what she calls her “most “Smuinesque” piece yet — to Patsy Cline. Not the least of the company’s attractions these days is the quality of its dancers. Parking around the Palace — because of the Doyle Drive reconstruction — is somewhat restricted, so plan for extra time. Muni 43 goes there as well. (Rita Felciano)

9/23-Oct.1

$25-62

Palace of Fine Arts, San Francisco

(415) 556-5000

www.smuinballet.org

 

FRIDAY 23

“Hong Kong Cinema”

Though this is the San Francisco Film Society’s first-ever Hong Kong Cinema mini-fest, there’s no shortage of HK film fanatics in this town, what with the SF International Asian American Film Festival, the programming at Frank Lee’s Four Star Theatre, and even the occasional HK flick that arrives via Hollywood. If you dug Benny Chan’s now-at-the-Four-Star Shaolin, you won’t want to miss his City Under Siege, about bank-robbing, superpowered circus performers. Also on tap: another superhero action comedy, Vincent Kok’s (Pixar-inspired?) Mr. and Mrs. Incredible; Clement Chan and Yan Yan Mak’s multigenerational drama Merry-Go-Round; All About Love, from Ann Hui (her latest, A Simple Life, has been tearing up the international fest circuit); Law Wing-cheong’s kidnap thriller Punished (starring Anthony Wong, always full of win); Alex Law’s coming-of-age drama Echoes of the Rainbow; and rom-com Don’t Go Breaking My Heart, a genre departure for action man Johnnie To. (Cheryl Eddy)

Through Sun/25, $13–$20

San Francisco Film Society New People Cinema

1746 Post, SF

www.sffs.org


FRIDAY 23

SF Cocktail Week: Barbary Coast Bazaar

San Franciscans have long enjoyed a romance with alcohol — from the debauchery of the Barbary Coast era, to the modern renaissance of the artisan cocktail, the city knows how to knock ’em back. Celebrate this high-proof history with SF Cocktail Week, which features a variety of tastings, dinners, seminars, and parties, including “Barbary Coast Bazaar,” a huge fete inside the Old Mint. Expect a roaring 1920s themed party, with vintage circus acts such as stilt walkers, jugglers, contortionists, magicians, and carnival games, along with food, and of course, a wide variety of tasty cocktails. (Sean McCourt)

SF Cocktail Week events run through 9/25, pricing varies

Barbary Coast Bazaar, 9/23

8-11 p.m., $85–$95

The Old Mint

88 5th St., SF

www.sfcocktailweek.com


SATURDAY 24

Moving Planet Worldwide Rally Day

You can make yourself sick thinking about it: what are you going to tell your kids (or — hey sexy single! — the neighbor’s kids) when they ask you what you did to stop climate change back when we still had a chance and the Bayview-Sunset commute didn’t call for a rowboat? Are we creeping you out? Then let us recommend Moving Planet Day. A worldwide rally for sustainability, it’s sponsored by 350.org and will include Sept. 24 actions from Buenos Aires to Nairobi. In SF, a march of self-propelled peoples on foot, bike, and skate will trek from Justin Herman Plaza to the Civic Center, where an afternoon of speakers, music, and other events awaits. (Caitlin Donohue)

10-a.m.-6 p.m., free

March starts at Justin Herman Plaza, SF

Afternoon activities at Civic Center Plaza, SF

www.moving-planet.org


Hank 3

The grandson of country music royalty, Hank Williams III, or as he’s now known, Hank 3, continues to hone his own brand of diverse music, releasing not one, but four brand new albums this month: Ghost to a Ghost/Guttertown, a double record in a country vein, Attention Deficient Domination, with more of a “hellbilly” feeling, and Cattle Callin, which is more on the metal side of things. The modern torch bearer of outlaw country is promising that this tour will touch on all of them, which he released through his own label, Hank 3 Records, and that fans can expect a two-and-a-half to thee-hour set at each barn burning show. (McCourt)

8:30 p.m., $26

The Regency Ballroom

1290 Sutter, SF

www.theregencyballroom.com


SATURDAY 24

Celsius 7

The superchill but often splendidly goofy Bay rapper, a former member of the Psychokinetics crew, hails from one of the golden ages of local hip-hop — that late ’90s-early ’00s period when earnest showmanship and a healthy dose of good humor trumped aggro attention-seeking, niche genre overload, and crass product placement. Cel’s kept himself busy through Bay rap’s recent twists and turns, though, traveling the world and dropping some ace tracks, all the while staying true to his roots. This release party for his poppin’ second solo album, Life Well Spent (which features a nice roster of collaborators including Dirt Nasty, iLL MEDiA, and Baby Jaymes) will showcase his grin-inducing verbal dexterity, be loaded with special guest appearances, and serve as a convention of true school heads. (Marke B.)

9 p.m., $10 (includes copy of album)

Shattuck Downlow

2284 Shattuck, Berk.

(415) 455-4735

www.shattuckdownlow.com


SUNDAY 25

Chinatown Music Festival

The Yerba Buena Center for the Arts has an exhibit going on called “Daily Lives,” a group showing by local Asian American artists that takes prosaic trinkets and uses them to express the psychic winds that ruffle our insides. This weekend, “Daily Lives” is taking this exploration of the private, public. Put on your dark glasses and check out the sidewalk art exhibit in Chinatown — where your ambling will be soundtracked by a day of rad live music; traditional tunes from the SF Guzheng Society and pianist Jon Jang (who will be sharing his recently-penned homage to the Xinhai Revolution of 1911), plus more modern grooves by the grown-up local kids in Jest Jammin’ and the SF Latin Jazz Youth Ensemble. (Donohue)

1-7 p.m., free

Portsmouth Square Kearny between Clay and Washington, SF

www.apiculturalcenter.org


SUNDAY 25

Ladytron

Given the harder direction that Ladytron has gone in over the last few albums — even touring with Nine Inch Nails — I was not expecting what I heard on Gravity the Seducer: ABBA. Whether or not they were invoking the Swedish gods of pop on purpose, the opener “White Elephant” sets a tone for a lighter album. Not simply a step backwards to the sounds of Ladytron’s early albums, it’s its most synthetically dreamy, spaced out record yet. Of course, harder and softer are relative terms with the band, which has generally stuck to a distinctive sound, becoming electronic pop mainstays and developing a cult following in the process. (Prendiville)

With SONOIO, Polaris at Noon, and DJ Omar

8 p.m., $25

The Regency Ballroom

1300 Van Ness, SF

(800) 745-3000

www.theregencyballroom.com

 

MONDAY 26

Dr Ruth

We all fondly recall Dr. Ruth Westheimer as the funny, entertaining, and educational “sexpert” that hit the mainstream media in the 1980s and 90s, but did you know her amazing background before she was a household name? Born in 1928 in Germany, she lost her parents in the Holocaust, and actually fought (and was wounded) as a sniper during Israel’s war of independence. The icon will be touching on all these subjects, along with her new book, Heavenly Sex: Sexuality in the Jewish Tradition, at tonight’s special event. (McCourt)

7 p.m., $20–$35

Jewish Community Center of San Francisco

3200 California St., SF

(415) 292-1200

www.jccsf.org


TUESDAY 27

Tony Bennett Night

As San Francisco Giants fans know, whenever the team wins a game here at home, the crowd exits the ballpark to the sounds of the legendary crooner Tony Bennett’s signature song “I Left My Heart In San Francisco.” The 85-year-old icon performed the song live at last year’s World Series, and the team is honoring him with this special event where he will be celebrated in a pre-game ceremony. He also will perform a short set, and fans will receive a “Tony Bennett” bobblehead that has a sound chip that plays his beloved ode to our city by the bay. (McCourt)

Game starts at 7:15 p.m.; arrive early for pre-game events. Pricing varies; see website for current availability.

AT&T Park

24 Willie Mays Plaza, SF

(415) 972-2000

www.sfgiants.com/specialevents


TUESDAY 27

Nurses

If you listened to Nurses’ earliest album, you might not recognize the groovy melodic rock trio that stands before you today, presenting 2011’s Dracula (Dead Oceans). In the past five years, the harmonic freak-folk band — with a penchant for toy instruments and pianos — has gone through lineup changes, sound modifications, and location shifts. The two Nurses mainstays, singer-guitarist Aaron Chapman and singer-keyboardist John Bowers, have lived in the sweet sunshine of San Diego, close quarters during cold winters — the tour van in Chicago — and finally, settled in the dewy DIY spirit of Portland, Oreg., where they gained drummer James Mitchell, and further developed their technique. But that’s the test of a true musician, isn’t it? The ability to roll with the punches, to grow, to evolve. (Emily Savage)

With Dominant Legs

9 p.m., $12

Cafe Du Nord

2170 Market, SF

(415) 861-5016

www.cafedunord.com

 

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Endorsement interviews: John Avalos

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Sup. John Avalos is running a grassroots progressive campaign for mayor. He is, he says, the only candidate talking about working-class people, and he wans to “create an administration that puts neighborhoods and people first.” He wants to create a municipal bank to use money the city now dumps into Wells Fargo and Bank of America for loans to small businesses and economic development. He told us that by the end of his eight years in office, he’d like to see the city bringing in $500 million a year in new revenue — for education, child care, Muni, parks, public health and other services. Check out the interview (audio and video) after the jump.

Avalos by endorsements2011

Central Subway: justice and jobs

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OPINION The Central Subway is a result of years of grassroots environmental transit justice organizing that San Francisco should be proud of. But in recent weeks, politicos and the media have stirred up a string of unfounded criticisms of the Central Subway — an essential project that will upgrade transit for the long term, create thousands of jobs in the midst of a recession, and expand opportunity for tens of thousands of San Franciscans who need to get to work everyday. Politicians who supported the project for years are now reversing themselves and calling it a “subway to nowhere” and a “boondoggle.” And short staffed newspapers find it easy paint a cartoon picture of City Hall and Chinatown “powerbrokers” who conspired to sell the city on an expensive project it doesn’t need.

But San Franciscans should ignore the overheated rhetoric of the moment and see the future value and need for this critical project — particularly when the Republicans in Congress are attacking us from the right. We need to unite as one city and not squander what might be the last opportunity to access federal funding to make the economic center of the city more transit accessible for all San Franciscans. In this limited space, we offer some of the facts about the project that seem to be missing in the present reporting.

The number of recent critics and media attention about the subway makes it appear that the subway’s costs and design were new news. Planning for the project began more than 20 years ago, and the essential alignment and projected costs have been agreed to and consistent since 2008. There is no new news.

The claims about skyrocketing costs are misleading, comparing different project proposals. The Civil Grand Jury and others fail to do an apples-to-apples comparison. The project costs have increased primarily because, in response to public feedback, the final project is a different project. It has a new alignment, new stations, and more contingency funds built in. The core costs for the project have not changed since 2008, when it was approved with broad support, including some of its present critics.

The critics who claim that not building the project will save future Muni operating costs fail to address the costs of doing nothing. The environmental impact report showed that the no-project option would cost even more. The absence of a subway would require Muni to run and maintain more buses on streets that will be more crowded and more gridlocked. (Ten years from now, if the critics succeed in killing the project, when you are stuck in traffic and late for work you will know who to blame).

Beneath the unfounded criticism about costs is actually a disagreement over values. The grand jury report relied upon by critics makes a only brief and superficial criticism about costs. The report actually devotes more attention and criticism to the location of the Chinatown station. The grand jury prefers a subway that runs closer to the financial district. For critics, the present project is a “subway to nowhere.” But for the Asian, black, and working class neighborhoods that will be connected via the subway and the T-line, this is a subway to jobs and economic opportunity.

Finally, we need to be clear that this is probably the last chance in many of our lifetimes for San Francisco to grow its transit system. While critics talk about alternate uses for the $940 million dollars of federal funding, the reality is we cannot redirect those dollars. The funding process for the subway is nearing the finish line after an arduous ten-year competitive federal application process. Given the federal budget, re-starting that application process may not merely mean a multi-year delay, it will likely mean there will be no funding to apply for and the loss of 30,000 jobs over the life of the project.

We urge all the mayoral candidates and our media pundits to tone down the rhetoric around the subway. We should not let short-term thinking and the heat of political passion of this campaign season kill a project that has had broad support for 20 years and will provide new transit that we desperately need for our city’s future.

Ultimately the subway is an issue about justice and access to jobs. Justice for some of the most densely populated neighborhoods in San Francisco, where 80% of the residents don’t own cars and rely entirely on public transportation. And we’re talking about the potential loss of thousands of construction jobs and access to jobs for those who need the transit to their workplaces.

Stand firm, San Francisco, for jobs and justice.

Rev. Norman Fong is the incoming director of the Chinatown Community Development Center. Mike Casey is the head of UNITE HERE Local 2.

 

On Guard!

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news@sfbg.com

BART’S CRACKDOWN

For weeks now, protesters have descended on Bay Area Rapid Transit (BART) stations to denounce the fatal July 3 shooting of homeless passenger Charles Hill by a BART Police officer, and to call for the agency’s long-controversial police force to be disbanded. Commuters have had to contend with service disruptions and delays, and costs to the transit agency have exceeded $300,000. Yet it isn’t just bullhorn-wielding protesters who’ve been thrust into the spotlight — BART’s police force is also facing scrutiny for its conduct under pressure.

BART drew the ire of numerous media outlets after a Sept. 8 protest when transit cops detained members of the press along with protesters on suspected violation of California Penal Code Section 369i, which prohibits interfering with the operations of a railroad. Most journalists were eventually released, but the protest resulted in 24 arrests.

Although BART police later contended that they issued dispersal orders prior to closing in, many who were encircled and detained (including me) insisted they’d heard no such announcement. BART police also instructed San Francisco Police Department (SFPD) officers who were on hand to assist to seize reporters’ SFPD-issued press passes — a move that SFPD spokesperson Troy Dangerfield later told the Guardian was an error that went against normal SFPD protocol.

In a Sept. 10 editorial, the San Francisco Chronicle blasted BART police for placing Chronicle reporter Vivian Ho in handcuffs despite being informed that she was there as a journalist. Ho’s experience was mild compared with that of Indybay reporter David Morse (aka Dave Id), who told the Guardian he was singled out for arrest by BART Deputy Police Chief Daniel Hartwig and isolated from the scene — even though Hartwig is familiar with Morse and knows he’s been covering protests and BART board meetings for the free online publication. Asked why Morse was arrested when other journalists detained for the same violation were released, BART spokesperson Jim Allison told us, “The courts will answer that, won’t they?”

No Justice, No BART — a group that was instrumental in organizing the Sept. 8 protest — telegraphed to media and police at the outset that they intended to test BART’s assertions that people’s constitutionally guaranteed rights to free speech would be upheld as long as they remained outside the paid areas of the station, in what was dubbed a “free speech zone.” (Rebecca Bowe)

 

CHRON VS. WIENER(S)

Scott Wiener tried to do something eminently reasonable, and ask the naked guys in the Castro to put down a towel before they sit on public benches. Although the Department of Public Health hasn’t made any statements about the issue (and people put their naked butts on public toilet seats without creating major social problems), it’s pretty much an ick factor thing — and using a towel is an unwritten (sometimes written) rule at almost every nudist resort in the country.

The whole thing is a bit ironic, since it’s already illegal for fully clothed poor people to sit on the street — but so far, it’s not illegal for naked people to sit on benches. So far.

Wiener’s move set off an anti-nudity campaign at the San Francisco Chronicle, starting with columnist C.W. Nevius suggesting that the nudies are all perverts: “If these guys were opening a trench coat and exposing themselves to bystanders in a supermarket parking lot we’d call them creeps.” A Chron editorial called for a new law banning nudity in the city (an excellent use of time for a police department that already says it can’t afford community policing). The national (right-wing) press is having a field day. The commenters on sfbg.com are arguing about whether the pantsless men are shedding scrotal hair, or whether they’re mostly shaved. For the record, we haven’t checked.

And for the record, in a couple of months it’s going to get way too cold and rainy for this sort of thing anyway. (Tim Redmond)

 

HERRERA’S SMACKDOWNS

City Attorney Dennis Herrera has always been limited by his office’s neutral role in criticizing city policies and officials. But as a mayoral candidate, he seems to have really discovered his political voice, offering more full-throated criticisms of Mayor Ed Lee and his policies than any of the other top-tier candidates.

“I think it’s kind of liberating for him that he can talk policy instead of just about legal issues,” Herrera’s longtime spokesperson Matt Dorsey, who recently took a leave from his city job to work on the campaign full-time, told the Guardian.

Perhaps not surprisingly, Herrera’s shift began a little more than a month ago when Lee bowed to pressure from Willie Brown, Rose Pak, and other top power brokers to get into mayor’s race, prompting Herrera’s biting analysis that, “Ed Lee’s biggest problem isn’t that he’s a dishonest man — it’s that he’s not his own man. The fact is, if Ed Lee is elected mayor, powerful people will continue to insist on things. And I don’t think San Franciscans can be blamed for having serious doubts about whether Ed Lee would have the courage to say no.”

Herrera followed up last week by providing an example of something Lee and most other mayoral candidates don’t have the courage to say no to: the Central Subway project, with its runaway price tag and growing number of critics that say it’s a wasteful and inefficient boondoggle that will worsen Muni’s operating budget deficit.

“Fiascos aren’t born that way. They typically grow from the seeds of worthy idea, and their laudable promise is betrayed in subtle increments over time,” was how Herrera began a paper he released Sept. 8 called “It’s time to rethink the Central Subway,” in which he calls for a reevaluation of a project that he and the entire Board of Supervisors once supported.

He notes that the project’s costs have tripled and its design flaws have been criticized by the Civil Grand Jury and numerous transit experts. “Let’s look at this thing and see if it still makes sense,” Herrera told us, a stand that was greeted as blasphemy from the project’s supporters in Chinatown, who called at least two press conferences to decry that they called a “cheap political stunt.”

While the stand does indeed help distinguish Herrera from a crowded mayoral field, he insists that it was the grand jury report and other critiques that prompted him to raise the issue. “Good policy is good politics, so let’s have a debate on it and let the validity of the project stand or fall on its merits,” he said.

Herrera and fellow candidate John Avalos were also the ones who called out Lee on Sept. 2 for praising Pacific Gas & Electric Co. as “a great company that get it” for contributing $250,000 to a literacy program, despite PG&E’s deadly negligence in the San Bruno pipeline explosion and its spending of tens of millions of dollars to sabotage public power efforts and otherwise corrupt the political process.

“It shows insensitivity to victims’ families, and poor judgment for allowing his office to be used as a corporate PR tool. No less troubling, it ignores the serious work my office and others have done to protect San Franciscans from PG&E’s negligence,” Herrera said in a prepared statement.

Now, his rhetoric isn’t quite up to that of Green Party mayoral candidate Terry Baum, who last week called for PG&E executives to be jailed for their negligence, but it’s not bad for a lawyerly type. Herrera insists that he’s always wielded a big stick, expressed through filing public interest lawsuits rather than campaign missives, “but the motivation in how I do either is not really different.” (Steven T. Jones)

 

JACK IS BACK

The mayor’s race just got a new player, someone who is guaranteed to liven things up. His name is Jack Davis — and he’s already gone on the attack.

Davis, the infamous bad boy of political consulting who is so feared that Gavin Newsom paid him handsomely just to stay out of the 2003 mayor’s race, has been keeping a low profile of late. But he’s come out of semi-retirement to work for Jeff Adachi, the public defender who is both running for mayor and promoting Prop. D, his pension-reform plan.

Davis and Adachi first bonded when Adachi ran against appointed incumbent Kim Burton in 2002. Now, Davis has begun firing away at Mayor Ed Lee, with a new mailer that calls the competing Lee pension plan a “backroom deal.” The piece features a shadowy figure (who looks nothing like Ed Lee) slipping through a closing door, a fancy ashtray full of cigars and an allegation that Lee gave the cops a sweet pension deal in exchange for the police union endorsement.

Trust us, that’s just the start. (tr)

 

PENSION PALS

Meanwhile, Adachi sent Lee a letter on Sept. 8 challenging him to debate the merits of their rival pension measures — Lee spearheaded the creation of Prop. C, with input from labor unions and other stakeholders — sometime in the next month.

“I believe there is a vital need — if not an obligation — for us to ensure that the voters of San Francisco understand both the severity of our pension crisis as well as the significant differences between our two proposals,” Adachi wrote, later adding, “As the two principals behind the competing ballot measures, I hope that we can work together to increase awareness of this important issue and work toward a better future for our city.”

Lee’s campaign didn’t respond directly to Adachi, but Lee’s ever-caustic campaign spokesperson Tony Winnicker told the Guardian that the request was “the oldest political trick in book” and one they were rejecting, going on to say, “Voters deserve to hear from all the candidates on pension reform, not just two of them.”

Perhaps, but given the mind-numbing minutiae that differentiates the two measures, some kind of public airing of their differences might be good for all of us. Or I suppose we can just trust all those dueling mailers headed our way, right? (stj)

For more, visit our Politics blog at www.sfbg.com.

A new progressive agenda

56

Over the past three months, the Guardian has been hosting a series of forums on progressive issues for the mayor’s race. We’ve brought together a broad base of people from different communities and issue-based organizations all over town in an effort to draft a platform that would include a comprehensive progressive agenda for the next mayor. All told, more than 100 people participated.

It was, as far as we know, the first time anyone tried to do this — to come up with a mayoral platform not with a few people in a room but with a series of open forums designed for community participation.

The platform we’ve drafted isn’t perfect, and there are no doubt things that are left out. But our goal was to create a document that the voters could use to determine which candidates really deserve the progressive vote.

That’s a critical question, since nearly all of the top contenders are using the word “progressive” on a regular basis. They’re fighting for votes from the neighborhoods, the activists, the independent-minded people who share a vision for San Francisco that isn’t driven by big-business interests.

But those of us on what is broadly defined as the city’s left are looking for more than lip service and catchy phrases. We want to hear specifics; we want to know that the next mayor is serious about changing the direction of city policy.

The groups who endorsed this effort and helped plan the forums that led to this platform were the Harvey Milk LGBT Club, SEIU Local 1021, the San Francisco Tenants Union, the Human Services Network, the Community Congress 2010, the Council of Community Housing Organizations, San Francisco Rising, Jobs with Justice, and the Center for Political Education.

The panelists who led the discussions were: Shaw-san Liu, Calvin Welch, Fernando Marti, Gabriel Haaland, Brenda Barros, Debbi Lerman, Jenny Friedenbach, Sarah Shortt, Ted Gullicksen, Nick Pagoulatos, Sue Hestor, Sherilyn Adams, Angela Chan, David Campos, Mario Yedidia, Pecolio Mangio, Antonio Diaz, Alicia Garza, Aaron Peskin, Saul Bloom, and Tim Redmond.

We held five events looking at five broad policy areas — economy and jobs; land use, housing and tenants; budget and social services; immigration, education and youth; and environment, energy and climate change. Panelists and audience participants offered great ideas and the debates were lively.

The results are below — an outline of what the progressives in San Francisco want to see from their next mayor.

 

 

ECONOMY AND JOBS

Background: In the first decade of this century, San Francisco lost some 51,000 jobs, overwhelmingly in the private sector. When Gavin Newsom was sworn in as mayor in January 2004, unemployment was at 6.4 percent; when he left, in January 2011, it was at 9.5 percent — a 63 percent increase.

Clearly, part of the problem was the collapse of the national economy. But the failed Newsom Model only made things worse. His approach was based on the mistaken notion that if the city provided direct subsidies to private developers, new workers would flock to San Francisco. In fact, the fastest-growing sector of the local economy is the public sector, especially education and health care. Five of the 10 largest employers in San Francisco are public agencies.

Local economic development policy, which has been characterized by the destruction of the blue-collar sector in light industry and maritime uses (ironically, overwhelmingly privately owned) to free up land for new industries in business services and high tech sectors that have never actually appeared — or have been devastated by quickly repeating boom and bust cycle.

Instead of concentrating on our existing workforce and its incredible human capital, recent San Francisco mayors have sought to attract a new workforce.

The Mayor’s Office has, as a matter of policy, been destroying blue-collar jobs to promote residential development for people who work outside of the city.

There’s a huge disconnect between what many people earn and what they need. The minimum wage in San Francisco is $9.92, when the actual cost of living is closer to $20. Wage theft is far too common.

There is a lack of leadership, oversight and accountability in a number of city departments. For example, there is no officiating body or commission overseeing the work of the Office of Economic and Workforce Development. Similarly the Arts Commission, the chartered entity for overseeing cultural affairs, is responsible for less than 25 percent of the budget reserved for this purpose

There’s no accountability in the city to protect the most vulnerable people.

The city’s main business tax is highly regressive — it’s a flat tax on payroll but has so many exceptions and loopholes that only 8,500 businesses actually pay it, and many of the largest and richest outfits pay no city tax at all.

 

Agenda items:

1. Reform the Mayor’s Office of Economic and Workforce Development to create a department with workforce development as a primary objective. Work with the San Francisco Unified School District, City College and San Francisco State to create sustainable paths to training and employment.

2. Create a municipal bank that offers credit for locally developed small businesses instead of relying on tax breaks. As a first step, mandate that all city short-term funds and payroll accounts go only to banks or credit unions that will agree to devote a reasonable percentage of their local loan portfolios for small business loans.

3. Reform procurement to prioritize local ownership.

4. Link economic development of healthcare facilities to the economic development of surrounding communities.

5. Link overall approval of projects to a larger economic development policy that takes as its centerpiece the employment of current San Francisco residents.

6. Enforce city labor laws and fund the agency that enforces the laws.

7. Establish the Board of Supervisors as the policy board of a re-organized Redevelopment Agency and create community-based project area oversight committees.

8. Dramatically expand Muni in the southeast portion of the city and reconfigure routes to link neighborhoods without having to go through downtown. Put special emphasis on direct Muni routes to City College and San Francisco State.

9. Reform the payroll tax so all businesses share the burden and the largest pay their fair share.

10. Consolidate the city’s various arts entities into a single Department of Arts & Culture that includes as part of its mandate a clear directive to achieve maximum economic development through leveraging the city’s existing cultural assets and creative strengths and re-imagining San Francisco’s competitive position as a regional, national and international hub of creative thinking. Sponsor and promote signature arts programs and opportunities to attract and retain visitors who will generate maximum economic activity in the local economy; restore San Francisco’s community-based cultural economy by re-enacting the successful Neighborhood Arts Program; and leverage the current 1-2 percent for art fees on various on-site building projects to be directed towards non-construction-site arts activity.

 

 

LAND USE, HOUSING AND TENANTS

Background: Since the office market tanked, the big land-use issue has become market-rate housing. San Francisco is building housing for people who don’t live here — in significant part, for either very wealthy people who want a short-term pied a terre in the city or for commuters who work in Silicon Valley. The city’s own General Plan calls for 60 percent of all new housing to be below-market-rate — but the vast majority of the new housing that’s been constructed or is in the planning pipeline is high-end condos.

There’s no connection between the housing needs of city residents and the local workforce and the type of housing that’s being constructed. Family housing is in short supply and rental housing is being destroyed faster than it’s being built — a total of 21,000 rental units have been lost to condos and tenancies in common.

Public housing is getting demolished and rebuilt with 2500 fewer units. “Hotelization” is growing as housing units become transitory housing.

Planning has become an appendage of the Mayor’s Office of Economic Development, which has no commission, no public hearings and no community oversight.

Projects are getting approved with no connection to schools, transit or affordable housing.

There’s no monitoring of Ellis Act evictions.

Transit-oriented development is a big scam that doesn’t include equity or the needs of people who live in the areas slated for more development. Cities have incentives to create dense housing with no affordability. Communities of concern are right in the path of this “smart growth” — and there are no protections for the people who live there now.

Agenda items:

1. Re emphasize that the Planning Department is the lead land-use approval agency and that the Mayor’s Office of Economic and Workforce Development should not be used to short-circuit public participation in the process.

2. Enact a freeze on condo conversions and a freeze on the demolition of existing affordable rental housing.

3. Ban evictions if the use or occupation of the property will be for less than 30 days.

4. Index market-rate to affordable housing; slow down one when the other is too far ahead.

5. Disclose what level of permanent affordability is offered at each project.

6. Stabilize existing communities with community benefits agreements before new development is approved.

 

 

BUDGET AND SOCIAL SERVICES

Background: There have been profound cuts in the social safety net in San Francisco over the past decade. One third of the city’s shelter beds have been lost; six homeless centers have closed. Homeless mental health and substance abuse services have lost $32 million, and the health system has lost $33 million.

None of the budget proposals coming from the Mayor’s Office have even begun to address restoring the past cuts.

There’s not enough access to primary care for people in Healthy San Francisco.

Nonprofit contracts with the city are flat-funded, so there’s no room for increases in the cost of doing business.

The mayor has all the staff and the supervisors don’t have enough. The supervisors have the ability to add back budget items — but the mayor can then make unilateral cuts.

The wealthy in San Francisco have done very well under the Bush tax cuts and more than 14 billionaires live in this city. The gap between the rich and the poor, which is destroying the national economy, exists in San Francisco, too. But while city officials are taking a national lead on issues like the environment and civil rights, there is virtually no discussion at the policy level of using city policy to bring in revenue from those who can afford it and to equalize the wealth disparities right here in town.

Agenda items:

1. Establish as policy that San Francisco will step in where the state and federal government have left people behind — and that local taxation policy should reflect progressive values.

2. Make budget set-asides a budget floor rather than a percentage of the budget.

3. Examine what top city executives are paid.

4. Promote public power, public broadband and public cable as a way to bring the city millions of dollars.

5. Support progressive taxes that will bring in at least $250 million a year in permanent new revenue.

6. Change the City Charter to eliminate unilateral mid-year cuts by the mayor.

8. Pass a Charter amendment that: (a) Requires the development of a comprehensive long-term plan that sets the policies and strategies to guide the implementation of health and human services for San Francisco’s vulnerable residents over the next 10 years, and (b) creates a planning body with the responsibility and authority to develop the plan, monitor and evaluate its implementation, coordinate between policy makers and departments, and ensure that annual budgets are consistent with the plan.

9. Collect existing money better.

10. Enact a foreclosure transfer tax.

 

 

YOUTH, IMMIGRATION, AND EDUCATION

Background: In the past 10 years, San Francisco has lost 24,000 people ages 12-24. Among current youth, 5,800 live in poverty; 6,000 have no high school degree; 7,000 are not working or attending school; 1,200 are on adult probation.

A full 50 percent of public school students are not qualified for college studies. Too often, the outcome is dictated by race; school-to-prison is far too common.

Trust between immigrants and the police is a low point, particularly since former Mayor Gavin Newsom gutted the sanctuary ordinance in 2008 after anti-immigrant stories in the San Francisco Chronicle.

Some 70 percent of students depend on Muni, but the price of a youth pass just went from $10 to $21.

Agenda items:

1. Recognize that there’s a separate role for probation and immigration, and keep local law enforcement from joining or working with immigration enforcement.

2. Improve public transportation for education and prioritize free Muni for youth.

3. Create family-friendly affordable housing.

4. Restore the recreation direction for the Recreation and Parks Department.

5. Implement police training to treat youth with respect.

6. Don’t cut off benefits for youth who commit crimes.

7. Shift state re-alignment money from jails to education.

 

ENERGY, ENVIRONMENT AND CLIMATE CHANGE

Background: When it comes to land use, the laws on the books are pretty good. The General Plan is a good document. But those laws aren’t enforced. Big projects get changed by the project sponsor after they’re approved.

Land use is really about who will live here and who will vote. But on a policy level, it’s clear that the city doesn’t value the people who currently live here.

Climate change is going to affect San Francisco — people who live near toxic materials are at risk in floods and earthquakes.

San Francisco has a separate but unequal transportation system. Muni is designed to get people downtown, not around town — despite the fact that job growth isn’t happening downtown.

San Francisco has a deepwater port and could be the Silicon Valley of green shipping.

San Francisco has a remarkable opportunity to promote renewable energy, but that will never happen unless the city owns the distribution system.

 

Agenda items:

1. Promote the rebirth of heavy industry by turning the port into a center for green-shipping retrofits.

2. Public land should be for public benefit, and agencies that own or control that land should work with community-based planning efforts.

3. Planning should be for the community, not developers.

4. Energy efficiency programs should be targeted to disadvantaged communities.

5. Pay attention to the urban food revolution, encourage resident owned farmers markets. Use unused public land for local food and community gardens.

6. Provide complete information on what parts of the city are fill, and stop allowing development in areas that are going to be inundated with sea level rise.

7. Prioritize local distributed generation of electricity and public ownership of the power grid.

8. Change Clean Energy San Francisco from a purchasing pool system to a generating system.

Endorsement interviews: Phil Ting

32

We’ve started interviewing the candidates for mayor, sheriff and district attorney, and, as usual, we’re taping the interviews and posting the audio feed unedited for your listening fun. We’re also putting up videos of the candidates’ opening statements.

mayoral candidate Phil Ting’s basic pitch: “The most progressive thing we can do is make government more efficient.” He talked a lot about his crowdsourcing website, Resetsf, which allows hundreds of San Franciscans to weigh in on the city’s problems — and offer solutions. Among his solutions: One minute of improved time on every Muni line would save $20 million a year. That means eliminating some bus stops to make the busses go faster.

He argued (with me) that San Francisco can eventually build its way out of the housing crisis by constructing more units on transit corridors. He vowed to reverse Gavin Newsom’s policy on sanctuary and told us he supports the central subway. Listen and watch after the jump.

Ting by endorsements2011

Watch Ting’s opening statement here:

The Guardian Final Forum — featuring the candidates

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A chance for candidates for mayor to review the progressive platform we’ve developed in community meetings over the summer and tell us where they stand

Wednesday, September 21st from 6:00 – 7:30 pm

LGBT Center 1800 Market Street (at Octavia), San Francisco, CA
(Limited street parking.  MUNI METRO LINES J,K,L,M,N, the F STREETCAR, or MUNI BUS LINES 6,7,9, 10, 14, 21, 26, 47, 49, 66 and 71.  BART to SF Civic Center, then transfer to Muni Metro or F lines.)

Previously Discussed Issues
Issue One: Economy, Jobs and the Progressive Agenda
Issue Two: Budget, Healthcare and Social Services
Issue Three: Tenants, Housing and Land Use
Issue Four: Immigration, Education and Youth
Issue Five: Environment, Energy and Climate Change

 

PLUS: The Guardian’s mayoral endorsement interviews are underway, and you can get full audio versions of all the discussions on the politics blog.

Central subway becomes issue in mayor’s race

19

The central subway — for years, one of those San Francisco projects that almost everyone in local politics supported — has suddenly become a major issue in the mayor’s race.


After a blistering civil grand jury report (PDF) saying that the project has become too expensive and will take cash away from Muni’s other priorities, some city officials and transit activists, including those who once were backers of the subway, are now saying it’s time to call the whole thing off.


City Attorney Dennis Herrera was the first major candidate out of the box to denounce the project, telling the Chronicle that the subway has “ceased to be a prudent investment” and that it’s time to pull the plug. It’s likely that Herrera will continue to push Mayor Ed Lee on the cost of the project and its transit value, and the other candidates will have to figure out where to go.


There’s no question — this is an expensive proposition, $1.6 billion for a 1.7-mile line. Most of the financing is also federal and state money, meaning San Francisco’s only on the hook for a little more than $100 million — as long as the construction comes in at or under budget.


And powerful players like AECOM stand to make huge amounts of money off the deal.


At the same time, almost all of Chinatown is united behind it. “The community has been working on this for a long time. It’s the first thing we’ve all worked on together,” Rev. Norman Fong, who is about to take over as director of the Chinatown Community Development Center, told me. Supporters of the subway started some 20 years ago, and collected 20,000 signatures supporting a new transit option in a community where the vast majority of residents are transit-reliant. A delegation of seniors and tenant leaders went to Washington, D.C. to lobby for it. “And everyone in town signed off on it in 2008, when the cost was $1.2 billion,” Fong said.


It makes for strange politics — most of the same people who are really pushing the central subway are trying to stop state Sen. Leland Yee from becoming mayor — but Yee is also a strong proponent of the subway. David Chiu is, also, telling me that the grand jury just “rehashed arguments that we’ve heard before” and that there’s “enormous funding from the federal government.”


I have yet to hear from John Avalos, but this one is not going away.  


 

The America’s cup confusion

19

If the sponsors (and city officials) are right, the America’s Cup is going to be a huge event, attracting hundreds of thousands of spectators, many of whom will want to be on the San Francisco waterfront to watch. But it’s never been clear to me exactly how that’s going to work — how are all those (rich) people who are used to getting around in limos going to travel from their downtown hotels to the viewing areas? If the city wanted to do this right, we should close down the Embarcadero and some of the feeder streets to all vehicles (except ambulances — always needed when rich old people get excited) and force everyone to travel by pedicab. Buy up a fleet of several hundred of the human-powered vehicles and let all the unemployed teenagers get a shot at driving them. Job creation for youth; environmentally sound transportation; potentially fun bumper-car action with well-heeled patrons screaming in fear.


Remember: The f-line, even with improvements, can’t possibly handle the necessary traffic. And the AC types aren’t going to ride the train anyway. No way private cars can all fit without massive gridlock.


So: Pedicabs. My suggestion.


In the meantime, there’s this little problem of 8 Washington.


See, the developer of what would be the city’s most expensive condos ever is planning on excavating 110,000 cubic yards of soil for a massive underground parking garage — right along the Embarcadero, and right during the America’s Cup events. The Draft Environmental Impact Report for 8 Washington indicates that the dump trucks (about 20 big trucks per day, and possibly a lot more) would be using that roadway to get to 101 or 280.


Actually, if activist Brad Paul is correct, there’s no way the developer can excavate that much dirt in the time frame that it’s supposed to happen unless the number of trucks is closer to 300 a day. Imagine all of that happening while 100,000 people are trying to get to the waterfront to watch the show. Oh, and according to the DEIR for the America’s Cup, the Embarcadero will be CLOSED during that period.


The fact is, the 8 Washington project is not only a terrible idea (just what the city needs — more condos for mega-millionaires) but would directly screw up the whole America’s Cup effort. And the amazing thing is that the AC people and the Mayor’s Office don’t seem to be paying attention.


Paul has put together a lengthy critique of the whole mess that makes great reading if you’re into this sort of thing. So I thought I’d just post it all here. Warning: It’s long. Enjoy.


August 15, 2011                                                                                                         


Bill Wycko
Environmental Review Officer
San Francisco Planning Department
1650 Mission Street, Suite 400
San Francisco, CA  94103


Re: COMMENTS ON DRAFT EIR FOR 8 WASHINGTON STREET/
SEAWALL LOT 351 PROJECT    
Case No. 2007.0030E


Dear Mr. Wycko:


I am writing to my provide my comments on the Draft Environmental Impact Report (“DEIR”) for this project, a document that is incomplete, inadequate and in places quite misleading. I’ve organized my comments in sections beginning with a detailed discussion of how the project’s construction schedule has been greatly underestimated. This is followed by discussions of the DEIR’s failure to address key Housing and Population issues, misstatements regarding historic obligations related to Golden Gateway, comments on recreation issues, and more.  In general, I believe the DEIR fails to present objective information and analysis, it omits a number of relevant issues that are critical to the ability of public officials to make objective and informed decisions about the project and it is filled with judgments and assertions that are not supported by facts.


The DEIR is incomplete and inadequate in the following areas:


I. THE DEIR CONSTRUCTION SCHEDULE FOR 8 WASHINGTON IS BOTH INACCURATE AND MISLEADING.


The DEIR construction schedule is based on overly optimistic assumptions that are totally unrealistic; the ramifications of these erroneous assumptions need to be carefully considered as they will cascade throughout the project requiring major revisions to the DEIR before it can be considered accurate and complete.


At the bottom of page II.19 it states:
 
      Project construction, including demolitions, site and foundation work,
      construction of the parking garage, and construction of the buildings,
      would take 27-29 months. Assuming that construction would begin in 2012,   
      the buildings would be ready for occupancy in 2014. The first phase of the
      construction would take about 16 months and would include demolition       
     (2 months), excavation and shoring (7 months), and foundation and below
      grade construction work (7 months).


While the DEIR unequivocally states the project will take 27-29 months to construct, from 2012 to 2014, facts provided elsewhere in the DEIR together with current city policies,  the City’s America’s Cup Host and Venue Agreement and basic math indicate that this schedule is not tenable. The remainder of this section provides the data and analysis that lead to the conclusion that construction of 8 Washington will take much longer than 27-29 months, almost TWICE AS LONG, with excavation taking 2.5 to 3 TIMES longer.  


 


Table 1: Requested Changes to the overall DEIR construction schedule


          ACTIVITY             MINIMUM           MAXIMUM


    DEIR’s construction schedule: 27 months    to    29 months  


    Actual excavation schedule:  18 months           22 months
    — DEIR estimate for excavation – 7 months            – 7 months
    + Increased excavation time  11 months      to       15 months 
    + Archeology delays                .5 months      to         2 months
    +  America’s Cup delays                  2.5 months       to         5 months
    +  Weather delays                        .25 months      to         1 months


   ACTUAL CONSTRUCTION TIME 41 months       to      52 months



 
To refute the numbers in Table 1, project sponsors must present additional, verifiable data supporting their unrealistic assumptions, beginning with the claim that the first phase of construction takes 16 months with a mere seven months allocated for excavation/shoring.


A. The DEIR fails to accurately ascertain and analyze the excavation/shoring schedule.


The DEIR states on page II.20 that “approximately 110,000 cubic yards of soil” will be excavated from the site for an underground garage (approximately 90,000 cubic yards) and other foundation work during the seven (7) month “excavation” portion of the projected timeline. It later states excavation will take place 6.5 hours per day with an average of 20 truck trips per day (pg.IV.D.31). Assuming the average dump truck holds 12 cubic yards of dirt (typical payload for a dump truck), that would mean:


      · 110,000 cu. yards/12 cubic yards per truck = 9,166 truck trips


      · 20 trucks/day X 12 cubic yards/trip = an average of 240 cu. yards/day


      · 110,000 cu. yards/240 cu. yards per day = 458 working days for this task


Could this task be completed in seven (7) months as claimed in the DEIR?  NO.


     ·5 working days per week X 52 weeks = 260 working days per year
             – 11 holidays per year
                   249  total working days/year
   


     ·458 days to finish task/249 working days per year = 22 months  (not 7)
     
For this to take 7 months as the DEIR asserts, the following would have to be true:


   · 20 trucks/day X 7 months (145 working days ) = 2,900 total truck trips


   · 110,000 cu. yards/2,900 trucks = each truck must average 38 cubic yards/trip
Empirical evidence exists, however, proving the DEIR’s claim that the excavation portion of the schedule will take seven months is inaccurate and misleading:



             
        CASE STUDY #1: San Francisco General Hospital Rebuild Project


A recent SF General Hospital (SFGH) Newsletter reports the hospital’s contractor just finished hauling 120,000 cu. yards of dirt from the 45’ deep hole that was dug to build two basement levels and the foundation for a new hospital building. This is as close as anyone is likely to get to replicating what 8 Washington proposes, a three level 40’ deep underground garage accounting for most of the 110,000 cubic yards of dirt that must be removed from the site. 


A call to the SFGH Rebuild office revealed their excavation process took seven (7) months with an average truck load of 13 cu. yards per trip. How was that possible?


“The average truck load was 13 cubic yards. Some days we had
over 300 truck loads hauled in one day. This volume was possible
through use of a paved drive that allowed trucks to enter the side, be
loaded up then tires washed to prevent dirt on road causing storm-            
water pollution and dust.”


The SF General site is just a few blocks from U.S. 101 with direct access via Potrero Ave., thus minimizing potential traffic conflicts. The 8 Washington site will require driving long distances on city streets including “The Embarcadero, Harrison Street, and King Street… likely the primary haul and access routes to and from I-80, U.S. 101, and I-280 (pg. IV.D.31).” Imagine 300 trips a day on one of these streets.


 


        
               CASE STUDY #2: SF PUC’s New Hetch Hetchy Reservoir Tunnel


A recent Oakland Tribune story (4/8/11) describes construction of a new 3.5-mile tunnel designed to protect the water supply from SF’s Hetch Hetchy reservoir from major earthquakes by boring a 2nd, state-of-the-art tunnel from Sunol to Fremont alongside the existing 81-year-old Irvington Tunnel. The article states:


      “By the time the New Irvington Tunnel is completed in 2014, crews will have
        excavated about 734,000 cubic yards of material—the equivalent of 61,000
        dump-truck trips, said officials with the SF Public Utilities Commission.”


Dividing 734,000 cubic yards of soil by the 61,000 dump truck trips that the PUC says are necessary equals 12 cubic yards per truck trip. Given this job’s overall size and $227 million budget, it would seem to confirm the fact that the most efficient excavation equipment for the 8 Washington site will be 12 cubic yard dump trucks.



In light of these facts and the analysis provided above, the only way 8 Washington could meet its proposed seven (7) month excavation schedule would be to:


a) schedule up to 300 TRUCK TRIPS A DAY, over 10 TIMES the average number of trips per day (20) stated in the DEIR and 3 TIMES the absolute maximum of 100 truck trips per day (pg. IV.D.31)  along the Northeast Embarcadero during a period of time that directly overlaps with the major America’s Cup events and activities, something specifically prohibited by the City’s America’s Cup Host and Venue Agreement ,        


         OR


b) average 38 cubic yards of dirt per truck trip, 3 TIMES the average truck payload of both the PUC’s Irvington Tunnel project and SF General Hospital’s 120,000 cubic yard excavation project—assuming that 38 cubic yard trucks:  a) exist in sufficient quantity in   the Bay Area, b) would be available during that period of time described and c) would be allowed on The Embarcadero, Harrison St., King St., Washington St. and Drumm St. by     the City. [see photo comparison of 12 cubic yard vs. 30 cubic yard trucks below]


Unless the project sponsor can demonstrate that one of these two highly unlikely scenarios is possible, then the EIR must reanalyze a number of impacts (e.g. Land Use, Air Quality, Greenhouse Gases) based on a revised excavation schedule, one that takes 2.5 to 3 TIMES as long as the one described in DEIR to complete excavation work, and this 22 month timeline assumes NO archeological remains are found on site and the City imposes NO stop work orders related to America’s Cup (see below).


This 15-month difference between the excavation period analyzed in the DEIR and the ACTUAL time it will take to complete the excavation (22 months vs. 7 months) is a major deficiency in the DEIR with profound impacts.  For instance, some of the most significant unavoidable negative impacts described in the DEIR involve degraded air quality both during and after construction. Adjusting the environmental analysis to reflect how long excavation will actually take means significant air quality impacts related to excavation (with the greatest detrimental effect on seniors, children and people exercising) will persist for 2.5 to 3 TIMES LONGER than described in the DEIR.  This flaw also requires significant revisions to other sections of the DEIR.


In light of this new information, the next draft of the EIR must contain an analysis of    this longer overall construction period—two months for demolition; a range of 18 to 22 months for excavation (not seven months); a built-in range of time for the shutting down of the site when archeological artifacts are uncovered, documented and extracted (something the DEIR’s archeology consultant states is “likely” ); and the building construction period. Finally, given these overly aggressive excavation schedule estimates, all other estimates for later construction phases must now to be cross checked for accuracy by independent contractors (e.g. not working for 8 Washington developer    or the source of the prior DEIR excavation estimate).


B. The actual construction timeline for 8 Washington will be 41-52 MONTHS. 
If the project sponsors disagree with this assessment, they must provide the Planning Department with much more detailed information on how they expect to achieve a shorter construction period given the restrictions described in the DEIR itself as well as mathematical analysis described above. For instance,


– Did the developers err when they reported that the average number of truck
   trips per day would be 20 as analyzed in the DEIR?  If so, what number do they 
   choose to use now and how does that impact various aspects of the DEIR analysis
   such as air quality, conflicts with pedestrians, MUNI and America’s Cup, etc.. 


– Does the developer plan to raise the limit of truck trips per day from 100 (as
   per the DEIR) to 300 truck trips per day? If so, how often will this happen and 
   how will these changes impact various aspects of the previous EIR analysis (e.g. air
   quality, traffic/transit/pedestrian conflicts, America’s Cup)?


– Does the developer plan to lengthen the average workday or work six days a
   week? If so, how often and how would this impact the previous DEIR analysis?
   NOTE: The DEIR construction schedule (27-29 months) was not predicated on the
   trucks operating 6 days a week EVERY WEEK. But even if the developer ran dump  
   trucks 6 days a week for the ENTIRE excavation period it would still take TWICE AS
   LONG as the DEIR states to remove 110,000 cubic yards of dirt .


– Where is the project sponsor planning to route 100 to 300 trucks a day as they
   leave the site, particularly during the various America’s Cup trials (2012) and
   finals (2013) when vehicular traffic will be severely limited or prohibited?
   Washington Street? The Embarcadero? Drumm Street? Clay Street?, where exactly?


– Have the developers located a source of 30+ cubic yard trucks and secured
   city permission to use them on the specific streets described in the DEIR?
   It seems fair to assume the SF General Hospital’s excavation contractor would have
   done this if it were possible (and the SF PUC’s Irvington Tunnel contractor). See the  
   three photos below to get a sense of the size difference between a typical 12 cubic yard
   dump truck and the type of tractor-trailer rig required to carry 30 cubic yards or more.



As the questions and examples (SF General Hospital) above demonstrate, the DEIR’s claim that 110,000 cubic yards can be excavated in seven months defies the laws of physics and math, not to mention the America’s Cup Host & Venue Agreement between the City and Larry Ellison’s Oracle BMW Racing Team 


 A thorough reading of the DEIR’s Archeology section and the America’s Cup Host and Venue Agreement indicate that additional time must be built into the construction schedule for predictable work stoppages related to both issues.


KNOWN ARCHEOLOGICAL RESOURCES IDENTIFIED ON THIS SITE IN THE DEIR


On page IV.C.12, the DEIR’s archeology consultant, Archeo-Tec, identifies the Gold Rush ship Bethel as located under a portion of the site and states that “If discovered, the Bethel would be the oldest known (and perhaps most intact) archeological example of an early Canadian built ship (Pg. IV.C.3)”. On page IV.C.11, the archeology consultant states “Significant archeological resources are likely to exist at this site”.  The DEIR, goes on to state the proposed project will destroy a portion of city’s original Seawall causing “the largest disturbance of the Old Seawall to date”.


As a result of these DEIR findings, the archeology consultant should now be asked for an estimate of the time required to mitigate the discovery of the Bethel and other likely finds (e.g. original Seawall, other Gold Rush ships, original Chinatown). This “likely” work delay should be built into the construction schedule and stated as a range. For purposes of the matrix below (Table 1) we chose a time of two weeks to two months based on anecdotal information from other similar sites. Archeo-Tec, the archeology consultant, should be able to come up with a more precise estimate.


KNOWN AMERICA’S CUP SCHEDULING CONFLICTS


Based on recent MTA staff presentations on protocols for the America’s Cup, it seems clear that traffic, particularly construction dump trucks, will be banned from Washington Street, Drumm Street and The Embarcadero during major America’s Cup events that include, at a minimum, the America’s Cup World Series warm-up races (July/Sept. 2012), the penultimate Louis Vuitton Cup Series (July/August 2013) and the America’s Cup finals (Sept. 2013).  


This represents a minimum of 2.5 months that must be added to the construction schedule, something the DEIR authors should have included if they had read the America’s Cup DEIR which states there are 9+ weeks of races associated with this event in 2012/2013. The extra few weeks added to the low end range in Table 1 (below) are there to accommodate last minute weather delays and various large non-racing events held along the waterfront that will require closure of The Embarcadero, Washington Street, Drumm Street, etc.


Table 1 below lays out a more credible and realistic construction schedule based on the factors described at length above, taken directly from the DEIR or readily available from the city (e.g. America’s Cup DEIR) and the America’s Cup Host and Venue Agreement.


 
Table 1: Requested Changes to the overall DEIR construction schedule


          ACTIVITY             MINIMUM           MAXIMUM 


    DEIR’s construction schedule: 27 months    to    29 months  


    Actual excavation schedule:  18 months           22 months
    — DEIR estimate for excavation – 7 months            – 7 months
    + Increased excavation time  11 months      to       15 months 
    + Archeology delays                .5 months      to         2 months
    + America’s Cup delays                   2.5 months        to         5 months
    + Weather delays                        .25 months      to         1 months


   ACTUAL CONSTRUCTION TIME 41 months       to      52 months


To refute these numbers, the project sponsors must not only present a verifiable and detailed plan to remove 110,000 cubic yards (9,167 truck trips) in seven months that the City has signed off on but also produce a letter from the City and Oracle BMW Racing granting a waiver from Section 10.4 of the America’s Cup Host and Venue Agreement that would allow 20 to 300 trucks a day to drive along The Embarcadero, Washington Street   or Drumm Street during major America’s Cup events in 2012 and 2013.


D. Significant Transportation and Energy issues that were not addressed in DEIR.


More specific information related to the construction process needs to be provided and analyzed in the EIR, particularly regarding the far reaching impacts of those 9,166 dump truck trips, impacts that go beyond the immediate Northeast Waterfront.


The DEIR states “While the exact routes that construction trucks would use would depend on the location of the available disposal sites, The Embarcadero, Harrison Street, and King Street would likely be the primary haul and access routes to and from I-80, U.S. 101, and I-280”. At a minimum, The EIR needs to include information on where the two or three most likely disposal sites are located, based on recent experience (SF General Hospital excavation) so that one can analyze the extent of potential conflicts on the Bay Bridge or 101 South where other trucks will be transporting dirt to and/or from the Transbay Terminal project, Hunters Point Shipyard, Mission Bay, Treasure Island, etc. Without this information, the City could find itself creating significant traffic conflicts on the Bay Bridge or highway 101 that greatly increase air quality, traffic and transit problems without having analyzed these potential impacts in a flawed EIR.


Simply saying “While the exact routes that construction trucks would use would depend on the location of the available disposal sites” isn’t adequate or acceptable. Assumptions must be made regarding most likely disposal sites and routes to those sites and what additional cumulative impacts these routes (and 9,166 trucks) will create. The EIR must provide a MAP of the route to be used for hauling soil, all the way from the departure point at 8 Washington to the final destination(s) with an explanation of where trucks will drive and what restrictions there are on hours, size of payload, safety, etc. for the various streets, highways and bridges they will travel on. If the options include trucking the soil to San Francisco’s southern waterfront to transfer it to barges, then this needs to be disclosed and analyzed, including the potential routes and destinations of those barges.
In addition, to accurately compare the environmental impacts of the project sponsor’s ‘Preferred Project’ to the “No Project” alternative (energy consumption, traffic impacts, air quality degradation, etc.), one needs to know not only the destination of the approximately 9,166 dump truck trips but also the average miles per gallon of a typical dump truck. For instance, if the final destination for the soil was 100 miles away and a typical dump truck averages 8 miles per gallon of diesel fuel, then:



      9,166 truck trips X 200 miles per round trip = 1,833,200 miles for all dump trucks;


      1,833,200 gallons/8 MPG = 229,150 gallons of diesel fuel that would be burned. 


    
In other words, the city’s choices would be:



     229,150 gallons of diesel fuel used to transfer 110,000 cubic yards 1,833,200 miles


VS.


    ZERO (O) gallons of diesel fuel used if the NO PROJECT alternative were approved.


 


E. Importance of accurate, detailed information re: the construction process.


Given the above discussion, it is clear that the construction schedule set forth in the DEIR is inaccurate at best and has led, in many cases, to the significant understating of major negative impacts associated with this project. The lack of a detailed discussion of some of the key aspects of the construction process, e.g. the route and destination of 9,166 dump trucks, is also highly problematic.


Without a complete and thorough analysis of the impacts of a of an overall construction schedule that is TWICE AS LONG as the one analyzed in this DEIR, city officials will be missing much of the critical information they need to determine whether or not the developer’s ‘Preferred Project’ is necessary, desirable or feasible. A complete and factual analysis of this issue must be included in the next draft of the EIR which, given this and  other major inaccuracies and omissions (see below), should be recirculated in draft form.


 



II. THE DEIR FAILS TO DISCUSS OR ANALYZE ANY CRITICAL HOUSING ISSUES RELEVANT TO 8 WASHINGTON OR UNIQUE ENVIRONMENTAL AND ENERGY IMPACTS THOSE HOUSING ISSUES CREATE. 


A. Impacts of the project on the City’s Housing Needs were Not Analyzed in DEIR.  The DEIR states that potentially significant impacts to Population and Housing will not be discussed because the 2007 NOP/Initial Study found that the proposed project would not adversely affect them. Unfortunately the DEIR lacks the basic information needed to reach such a conclusion and, as we will demonstrate, an objective review of relevant 2008-2011 housing data contradicts this conclusion.


The world, particularly regarding housing, has changed radically since 2007. Relying   on housing and population information from 2007 ignores the financial and housing meltdown of 2008 and is simply indefensible. In addition, back in 2007, the EIR consultants were relying on stale, seven-year-old census data while today they have access to a multitude of fresh 2010 census data. No one can dispute that the housing environment today could not be more unlike the housing environment in 2007.
By relying solely on pre-2008 housing data from the 2007 NOP/Initial Study, this DEIR    lacks any of the basic information needed to conclude that this project would not have adverse effects on Population and Housing and must now revisit and thoroughly analyze these issues.


B. The DEIR fails to analyze how the type and price of housing proposed for
8 Washington determines whether or not it meets the city’s housing needs.


One of the project objectives (Pg II.14) is to “help meet projected City housing
needs.” How is that possible, given the fact that the developer has publicly stated
that these will be “the most expensive condominiums in the history of SF” ? With a
$345,000,000 project cost , 8 Washington’s 165 units will cost $2.0 million a unit
just to build . To secure financing and a ‘reasonable’ profit, each unit will have to
sell for $2.5-$5 million with penthouses selling for $8-$10 million.


Nowhere in the DEIR is ANY of this discussed. There is no analysis of how these
very high sales prices will determine who lives at 8 Washington (e.g. how many San
Francisco families could afford these prices?) and how the incomes of these new
residents ($250,000 to over $1 million/year) will dramatically change a number of
the environmental impacts of the project, with major implications for sustainability
and energy use, among other things.


The final EIR must state the average cost to build each unit and the range of
sales prices expected so that public officials can assess for themselves whether
the proposed condos will or will not  “help meet projected City housing needs.” 


The 2009 Housing Element, signed into law by Mayor Ed Lee on June 29, 2011, states that 61% of the housing need in San Francisco is for below-market-rate housing—serving families making 30-120% of Area Median Income (AMI), and only 39% of the city’s housing need is for market rate housing (120% to 500+% AMI).


As Planning staff and Commissioners know from their Housing Element discussions, the luxury condos proposed for this project are so expensive they will not help the city meet its current unmet housing needs. If this project objective (Pg II.14) is left in the final EIR, it should include a note explaining that the project, as proposed, is unlikely to meet this objective for the following reasons:


Condominiums selling for $2.5 million and more fall into the one segment of the city’s housing market that is currently overbuilt and has historically been over represented in relation to the state’s Regional Housing Needs Allocation (RHNA) goals that underpin the updated 2009 Housing Element of the city’s General Plan. An ABAG report on housing needs vs. housing production in SF (1999-2006) that came out in 2007—a report that should have informed the 2007 NOP/Initial Study for 8 Washington—states RHNA Allocations (Goal), Permits Issued (Permitted) and % of Allocation Permitted (% of RHNA Goal) by income category as follows:



Table 2: SF Housing Production (1999-2006)*


Housing Type  Very Low    Low              Moderate       Market Rate 
by Income    Income Income  Income           Housing
____________________________________________________________________________________________________________
  % of AMI:    21-50%  51-80%  81-120%         120-500+%
  Annual income: [21-50K] [57-81K] [85-123K]   [123K-$1million+]
———————————————————————————————————-
·RHNA Goal (units)   5,244       2,126   5,639                7,363


·Permitted    4,203       1,101      661                        11,474


·% of RHNA Goal     80%      52%       12%             156%


        * from a 2007 ABAG report entitled: A Place to Call Home



A chart like this, showing housing goals by income group (based on RHNA numbers from the State Office of Housing and Community Development), must be included in the DEIR so public officials can analyze what portion of the city’s unmet affordable and middle income housing needs, if any, the proposed project would meet. It illustrates something local housing experts have long known, that the city consistently comes in well above its RHNA goals for market rate condos, and has historically fallen short of its goals in all other categories for affordable housing, the housing that serves the 61% of San Franciscans that cannot afford ‘market rate’ housing.
C. Dramatic changes to the San Francisco housing market since the 2007 NOP/ Initial Study were not acknowledged and analyzed in the DEIR. All the traditional (pre-2007) sources of funding for the city’s affordable housing programs have dried up since the 2008 housing crash. Redevelopment tax increment funds will either be significantly reduced to pay the state to avoid closure of the SF Redevelopment Agency, or they will be eliminated altogether. Proceeds from the state’s $2.8 billion Affordable Housing Bond (Prop. 1C) are all spent. The federal Low Income Housing Tax Credit, a major source of funding for affordable housing, is under attack by House and Senate Republicans and may not survive.


This indicates that San Francisco won’t come close to meeting its pre-2007 affordable housing production levels  until we find a new permanent local source of funding for affordable housing. How long will that take? The DEIR must address this issue.


Another chart that must be included in the DEIR shows the city’s RHNA goals by income category combined with a summary of a recent SF Business Times (6/24/2011) chart showing all San Francisco residential projects under construction, permitted or  in the planning pipeline . Such a chart would look something like Table 3 below:


Table 3: Where does the city need help in meeting its RHNA goals?


          Extremely Low       Very Low            Low             Moderate          Market Rate   
                 Income          Income           Income            Income               Housing
         Below 30% AMI          31-50%            51-80%           81-120%              120-500+% 
      [21K-30K]         [35K-50]        [57K-81K]      [85K-120K]        [120K-$1M+]
____________________________________________________________________________________________________________


RHNA      439/yr.                   439/yr.           738/yr.            901/yr.                    1,632/yr.
Goals:      10.5%        +          10.5%      +      18%        +     22%  =  61%           39%
# of units                    of total        of total
% of goal
                             All Affordable Categories Combined            Market Rate_


Underway:          470 units                 1,557 units


Approved:                  8,751 units             30,878 units


In Pipeline:                   780 units                     4,184 units 
________________________________________________________________________
                          10,000 units             36,619 units 
            or                     or
          21.5% of all units                 78.5% of all units


                        56% of RHNA goals                                300% of RHNA goal
                in all affordable categories                        in market rate category
Some version of Table 3 must be included in the revised DEIR to help public officials determine whether the significant negative environmental impacts this project creates are outweighed by the ‘need’ for the type of housing that 8 Washington provides given the priorities set forth in the Housing Element of the General Plan and what the above-mentioned SF Business Times chart tells us about likely housing production for each segment of the city’s housing needs (from 2011-2014). 


Table 3 demonstrates that in a few years, if nothing changes, the city will have approved and built out 300% of its RHNA goal for Market Rate projects (such as 8 Washington) but only 56% of its RHNA goals for all other housing that serves San Franciscans making 30% AMI to 120% AMI. But given what we now know about the current lack of funding for affordable housing, the exact opposite of what was true in 2007 (when the city had significant amounts of Redevelopment tax increment and other affordable housing funds), many of the affordable housing projects listed by the Business Times are now on hold and unlikely to come on line by 2014. This means the mismatch between market rate (39% of need but 300% of production) and all categories of affordable will be even greater than Table 3 indicates.


To be fair, one could argue that some of the market rate housing on the Business Times chart may not be built soon either given that banks have been reluctant to lend money lately. However, a recent article in the SF Chronicle (8/11/11) entitled “Rents Go Through Roof” indicates that the city’s housing market is roaring back; Dennis Robal, property manager with Chandler Properties, reports “Noe Valley apartments that were $2,000 a month a year ago are now going for $2,400”. These kinds of increases, driven by new renters from the tech sector, are prompting major increases in investments by financial institutions in new rental housing.


Regarding the condo market, the one group of potential condominium buyers that
have not suffered financially from the economic meltdown are the very people who
caused it, the Wall Street investors, derivatives specialists, hedge fund managers,
etc. who are now making record salaries and bonuses. These are some of the people
8 Washington will be marketing to because they have the cash to spend $2.5-$10
million on a second, third or fourth home in San Francisco.


NONE of this housing analysis appears in the DEIR yet including it in the DEIR is
critical to the ability of public officials to make informed, rational decisions on this
project, particularly claims by the developer that this project will “help meet
projected City housing needs”. The information and analysis described above is
necessary to allow city officials and all readers to determine accurately and
objectively what portion of San Francisco’s unmet affordable and middle income
housing needs, if any, 8 Washington would meet.


Each year, as the City assesses how well it is meeting its RHNA (state) housing goals, the one area that has consistently over produced is high-end market rate housing affordable to people making $250,000 to $1 million+ a year.
How does building second, third and fourth homes for this demographic “help the city meet its housing needs?”


The unmet housing needs in San Francisco are for people making from 30%-50% of median income all the way up to 100-120%, not people making $250,000 to $1,000,000+ a year (200-500% or more of area median income). The DEIR needs to discuss the following questions to be considered complete, adequate and accurate, questions such as:


How does this project relate to the objectives, policies and goals of San Francisco’s recently enacted 2009 Housing Element of the General Plan?


What portion of San Francisco’s affordable and middle-income housing needs will this proposed project actually meet?


How many other projects under construction, approved or in the pipeline (see June 24,
2011 SF Business Times chart) will meet the needs of San Franciscans who can afford market rate housing vs. those that meet the needs of  the 61% of SF residents needing below market housing?


What percentage of “residents” of these condos will be using this housing as their primary residence vs. as second, third and fourth vacation homes?


Given that numerous studies show transit use goes down as income goes up,
how likely is it that these new owners will use public transit?


Again, the answer to each of these questions provides critical information that public
officials need to assess for themselves whether the proposed condos will or will
not “help meet the projected City housing needs.” 


Everything that’s happened since the 2008 economic/housing meltdown has made our housing problems worse, something the DEIR doesn’t attempt to analyze, arguing instead that a 2007 NOP/Initial Study—competed a year before the housing bubble burst—absolves it of all such responsibility, an argument that is factually absurd.


D. The DEIR fails to acknowledge, measure or analyze the unique environmental impacts generated by owners who can pay $2.5 to $10 million for luxury condos.


Building housing for this demographic has measurable impacts on transit and energy use that were not included in the DEIR. We know from national studies that low-and middle- income residents are far greater consumers of public transit than people with higher incomes. Imagine how much different public transit use will be when this inverse relationship includes people who can afford $2.5-10 million condos that come with             1-for-1 parking (costing almost $100,000 a space to build).


But a far greater environmental impact than driving private cars was not addressed in this DEIR, an impact resulting from lifestyle differences one can anticipate with some members of this highest of high-end demographics: owning and/or using private jets.


It’s reasonable to assume that five of the 165 condo buyers at 8 Washington (just 3% of   all buyers) are Wall Street hedge fund managers, derivatives traders or venture capitalists using these condos as second, third or fourth homes. It’s also reasonable to assume that these five buyers will use their condos 1.5 times a month on average and commute to and from SF aboard private business jets, a perfectly rational assumption for Wall Street executives making tens of millions in salary and bonuses each year. Why would they fly private jets rather than take Southwest…because they can. The fact that a handful of  people that are this wealthy will buy units at 8 Washington must be factored into any environmental analysis of a project that will explicitly market to this high-end demographic. That analysis must include, among others, the following:


 
                           Table 4: The Jet Fuel Burn Rate for Luxury Condominiums
___________________________________________________________________________
Mid to large size business jets used to fly cross country (e.g. Hawker 800XP, Gulfstream G2/G3, Bombardier Global Express) average 400 gallons of jet fuel per hour and take six hours to fly New York to SF and five hours to fly back for an 11 hour round trip  :


     · 11 hours X 400 gallons per hour = 4,400 gallons of jet fuel per trip
          a typical family car burns 1,200 gallons of gas per year so one flight from
          NYC to SF equals almost four years of driving a typical family car.
               ————————————————————————————————————————————————————————————————————-
       
        ·  1.5 trips/mo. = 6,600 gallons/mo. X 12 mo. = 79,200 gallons of jet fuel/year


        ————————————————————————————————————————————————————————————————————-
Using our example of 5 residents, the numbers over one year and 20 years are:


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


        ·  396,000 gallons/year X 20 years = 7,920,000 GALLONS of jet fuel in 20 years
         equivalent to driving family car 6,600 years, OVER 6 MILLENIUM, in 20 years.



Given these condos cost $2+ million to build and will sell for $2.5 to $8 million or more,    it seems quite reasonable to assume a mere 3% of these buyers—just five (5) buyers out of 165 —will be part-time residents wealthy enough to commute to San Francisco by business jet. If this is a reasonable assumption , then the DEIR must include the mathematical calculations above to show the true energy costs of this project. In fact, it would also be reasonable to assume a few other buyers will use private business jets to commute from LA, San Diego, Denver, etc. The only way to prevent this, forbidding buyers to own or use corporate jets, is of course impossible.
This is just one example of how housing prices—and who lives in that housing—greatly changes environmental impacts and why this analysis must be included in the DEIR for    8 Washington. As condo prices reach $2.5-10 million, it’s reasonable to assume a number of buyers will use them as a second, third or fourth homes and that some of those buyers will travel here by jet, not car or public transit. On the other hand, if units at 8 Washington were affordable or market rate rental or affordable-by-design condos (80%-150% AMI), it’s very unlikely any of its residents would own or use business jets. Price does matter with regard to energy consumption and transit use.


Given these facts, the 8 Washington DEIR must analyze such questions as:


How many solar panels do you need to make up for 396,000 gallons of jet fuel per year?


How many low flow toilets make up for 396,000 gallons of jet fuel per year?


How many double pane windows make up for 396,000 gallons of jet fuel per year?


How many on-demand hot water heaters make up for 396,000 gallons of jet fuel per year?


Looking at the longer term impacts of this excessive consumption of energy resources:


How many solar panels compensate for 7,920,000  gallons of jet fuel over 20 years?


How many low flow toilets make up for 7,920,000 gallons of jet fuel over 20 years?


How many double pane windows make up for 7,920,000 gallons of jet fuel over 20 years?


How many on demand water heaters make up for 7,920,000 gallons of jet fuel over 20 years?


Having this information in the DEIR is necessary for the Planning Commissioners or Board of Supervisors to make informed decisions about 8 Washington, especially when the project sponsor keeps touting it as state-of-the-art, sustainable, LEED certified (at Gold or Platinum level), etc. When added to the project sponsor’s insistence on building a 420-car underground (below sea level) garage, one has to question how one can call this a model of sustainable development or let the DEIR include sustainability as a project objective.


Unless the DEIR seriously and objectively addresses questions of how the price of housing and who lives in that housing impacts environmental sustainability, we risk creating a backlash against things like LEED certification and terms like “sustainability”. They could easily become just another example of slick marketing and “greenwashing”. Everyone agrees that building 10,000 s.f. McMansions in the Sierra Foothills on 2-acre lots—even if they’re LEED certified at the highest level—is NOT sustainable development. Why is it any less absurd to use “green” and “sustainable” to describe $2.5-$10 million condos built as second and third homes for extremely wealthy part-time residents, some of whom commute from their primary residence by private jet?


The DEIR must provide public officials with the data and information they need to analyze all the significant impacts that units this expensive have on the environment. With this information, decision makers might choose to require a much smaller garage or no garage at all (insisting on more efficient use of nearby existing garages). They might also choose to support a much smaller project or no project at all, based on the lack of demonstrable need for this housing type and all the other negative impacts described above. But they cannot make any of these decisions in a rational and objective manner without all the facts, many of which are missing from this DEIR.


E. The DEIR confuses project “objectives” with city mandated requirements with regard to Inclusionary Housing, then fails to discuss any of the relevant issues around this city policy.


The project objective (Pg II.14) that talks about the project’s ability “to help meet
projected City housing needs” reads in full:


 “To develop a high-quality, sustainable and economically feasible
   high-density, primarily residential, project within the existing
   density designation for the site, in order to help meet projected
   City housing needs and satisfy the City’s inclusionary affordable
         housing requirement;” 


Satisfying the city’s inclusionary affordable housing requirement, for this or any market  rate housing development, IS NOT an Objective, and stating it as such is misleading. It is,  in fact, legally mandated by city ordinance. The developer doesn’t have a choice in the matter and it should be stricken from this Objective. However, this reference to inclusionary housing leads one to ask several questions that are never addressed in the DEIR but should be. An Inclusionary Housing section must be added that answers questions such as:


What are the specific requirements for including permanent below market rate (BMR) units in all market rate projects and how many would be required on-site for this one?


Did the developer ever consider building on-site BMR units and if not, why not?


If the developer did consider and reject on-site BMR units, why?


If the developer has decided to pay the in-lieu affordable housing fee, what would it be and how and where (e.g. within a 1-mile radius of the project) would it be spent?


Given that the in-lieu fee charged developers to buy out of providing BMR units on-site is based on construction costs and sales prices for “average” condos, how will the extraordinarily high construction costs and sales prices for these condos impact the in-lieu fee? If it doesn’t impact the fee, would an appropriate mitigation measure be amending the Inclusionary Housing policy so that it does?


Mentioning the inclusionary requirement as part of an objective stating that the project seeks to “help meet projected City housing needs” is misleading and inaccurate. It tries to infer that the funding for 30 affordable units provided by the developer’s inclusionary requirement is helping to meet this objective when, in fact, relying on inclusionary payments to advance the city’s affordable housing goals will only drive the city further   out of compliance with its state mandated RHNA goals. The following example clearly demonstrates the validity of this claim:


TNDC’s proposed affordable family apartment project at Eddy and Taylor Streets is typical of the projects now stalled in the city’s affordable housing pipeline due to the lack of affordable housing funding from traditional sources. But the Eddy and Taylor project is a 150 unit development, not 30 units. For it to go forward, you would need the inclusionary housing funds from FIVE market rate projects like 8 Washington. What would that do to San Francisco’s RHNA goals:


         If:  165 market rate units are needed to fund 30 affordable units,
  Then:   825 market units (5X) are needed to fund 150 affordable units (975 total units).
      
         If:  out of a every 975 new housing units, 825 are market rate & 150 are affordable,
   Then:  for each new 975 units built in SF: 85% are market rate, 15% affordable.


But the 2009 Housing Element of San Francisco’s General Plan (based on the state RHNA goals) calls for 39% OF NEW HOUSING TO BE MARKET RATE (NOT 85%). Relying on Inclusionary Housing off-site payments to fund affordable housing clearly runs counter to the housing production goals set forth in the 2009 Housing Element in the General Plan as well as the RHNA goals for San Francisco established by the state of California. Furthermore, as SB375 Sustainable Development funding criteria begins influencing state funding decisions, by driving our RHNA numbers toward 85% market rate, projects like 8 Washington could jeopardize San Francisco’s ability to apply for and receive state and federal infrastructure and transit funding.


The only way to bring San Francisco’s housing production numbers back into line with the goals in the Housing Element (and RHNA numbers) is to create a new local permanent and dedicated source of funding for affordable housing. These relevant facts regarding the impacts of inclusionary housing must be included in the DEIR.



III. THE DEIR IGNORES THE GENTRIFICATION/DISPLACEMENT IMPACTS OF THIS PROJECT THAT WILL RESULT IN THE LOSS OF HUNDREDS OF RENT CONTROLLED UNITS IN THE GOLDEN GATEWAY BY ENCOURAGING THE FURTHER HOTELIZATION OF ITS 1,200 RENTAL APARTMENTS


The other ‘partner’ in this project is Timothy Foo, who bought Golden Gateway from Perini Corp. about 20 years ago. Only 20% of the 8 Washington site is on Port land, while 80% of the site is on land owned by Mr. Foo and currently occupied by Golden Gateway’s community recreation center. However, Mr. Foo’s only mention in the DEIR is in a footnote to the first sentence of the Introduction which states: “On January 3, 2007, an environmental evaluation application (EE application) was filed by San Francisco Waterfront Partners II (the “project sponsor”) on behalf of the Golden Gateway Center*”. That footnote says “*Golden Gateway Center, Authorization Letter from Timothy Foo, December 27, 2006”).


In addition to violating the original Golden Gateway development agreement that required Perini (and future owners) to preserve the recreation center in exchange for deep discounts in land prices charged by Redevelopment, for some time now Mr. Foo has also been converting rent controlled apartments in the Golden Gateway to short term rental use (e.g. on one floor of a high-rise tower, a third of the units are rented this way). These conversions have been documented by the Golden Gateway Tenants Association, the Affordable Housing Alliance and the San Francisco Tenants Union. While such conversions are not unique to the Golden Gateway Center (see attached Bay Citizen article), they are illegal and violate city zoning, rent control and apartment conversion ordinances.


The DEIR must address this issue by posing the following questions to Mr. Foo and incorporating his answers into the DEIR. He must provide this information because as the owner of 80% of the underlying land that comprises the 8 Washington site, he has had and continues to have a direct financial stake in this project. He must be asked the following questions:


How many of Golden Gateway’s 1,200 rental apartments are currently being used as hotel rooms and/or short-term rentals and/or rented to persons other than those using them as primary residences or directly related to the person residing there (e.g. corporations, business organizations, apartment brokers).


Has Mr. Foo consulted with either the Rent Board or the Planning Department as to the legality of his use of apartments in Golden Gateway as hotel rooms or short-term rentals under applicable city zoning codes, the San Francisco Rent Control ordinance or the city’s Apartment Conversion Ordinance?


Upon receiving and analyzing this information from Mr. Foo, the DEIR must then answer the following questions:


Is the ‘hotelization’ of Golden Gateway and other large apartment complexes likely to increase with the approval of 8 Washington, a development that:


a) builds 165 high-end luxury condos ($2.5 – $10 million each)
 on Mr. Foo’s property—creating a much more upscale
environment adjacent to his Golden Gateway apartments;


b) provides Mr. Foo with $10-15 million (what he’s likely to
be paid for his 80% of the site) that can be used to upgrade
his rent controlled apartments at Golden Gateway in order                             to attract even more higher paying hotel users; and


c) if no mention of these conversions is made in the DEIR, after                     these written comments have been submitted, will send a clear
message to Mr. Foo and others that the City has no intention of
enforcing its own zoning, rent control and apartment conversion
ordinances, thereby encouraging even more conversions.


If conversions like those at Golden Gateway are not stopped soon, the city is at risk of losing thousands of residential apartments in its downtown neighborhoods.


What kind of mitigations would prevent the further hotelization of the Golden Gateway’s 1,200 rent controlled apartments?


With larger apartment complexes such as Golden Gateway, Parkmerced and Fox Plaza, owners get around the current prohibition on renting residential apartments for less than 30 days as hotel rooms (an action that is legally prohibited by the San Francisco Apartment Conversion Ordinance) by leasing them for more than 30 days to third parties (e.g. corporations, apartment brokers). These intermediaries then rent the apartments for anywhere from a day or two to a few weeks to a month or two.


A simple amendment to the Apartment Conversion Ordinance that changes “you cannot rent an apartment for less than 30 days” to “you cannot rent or occupy an apartment for less than 30 days” would prevent Golden Gateway and others from renting apartments for anywhere from a few days to up to four weeks. Preventing 30-60 day rentals would be a more complicated matter.


The DEIR must address how constructing 8 Washington could encourage, help fund and accelerate Mr. Foo’s conversion of the 1,200 units at Golden Gateway from rent controlled apartments to hotel use as well as the impacts this would have on the city’s housing goals as set forth in the San Francisco’s 2009 Housing Element and its RHNA goals. For instance, if we’re converting housing to non-housing (hotel) uses as fast or faster than we are creating new housing units, we will never dig ourselves out of our current housing crisis and that outcome would have catastrophic impacts on the environmental and economic sustainability of San Francisco as a city.


The DEIR must also describe, in detail, the kind of mitigations (see above) that, if enacted, could mitigate the potential impact of losing more that 165 rent controlled apartments at the Golden Gateway, erasing the gain, on paper, of 165 luxury condos.



IV. FREQUENT USE OF THE WORD “PRIVATE” AS A MODIFIER OF THE GOLDEN GATEWAY RECREATION FACILITIES THROUGHOUT THE DEIR  IS BOTH MISLEADING AND INNACCURATE IN LIGHT OF THE RECENT PRIVITIZATION AND FEE STRUCTURES IMPOSED ON THE CITY’S “PUBLIC’ RECREATION FACILITIES AND SWIMMING POOLS.


The current fee structure for public recreation facilities in San Francisco results in situations where the cost of attending ‘public’ pools can often exceed fees charged by    the “private” Golden Gate Tennis & Swim Center (GGTSC).


The use of the term “private” in this context throughout the DEIR appears to be an attempt to justify the loss of GGTSC facilities for the 3-4 years that it would be shut down if the “preferred project” were approved (see section I.A for actual construction schedule) as well as the permanent loss of five of nine tennis courts, the basketball court and the current, family-friendly ground level swimming pools, Jacuzzi and open space.


In the past, the city’s public recreation facilities, including its swimming pools, were  “public” in every sense of the word—open long-hours, open 6-7 days a week and “free” to residents. In recent years, however, the San Francisco Recreation & Parks Department has increased resident user fees, reduced hours and increased the privatization of its facilities in response to ongoing budget deficits. Today, both the ‘private’ Golden Gateway facility and ‘public’ pools are open to anyone, anyone who is willing to pay   the fees that they charge. Neither is free.


A. The DEIR fails to discuss the privatization of the City’s  recreation centers: According to a 7/9/11 SF Chronicle article, the city is now leasing 23 of its 47 recreation centers to outside interests (e.g. nursery schools, private classes) with the city staffing only a dozen (12) of the 47 former “public” recreation centers. Seven (7) of the remaining recreation centers are under renovation and five (5) are vacant, unavailable for any kind of use “because no one has leased them and there is no money for city workers to run them”. Out of a total of 47 city recreation centers, only 12 are staffed by city workers who run programs for residents, many of them for a fee, during reduced days and hours.


The City also runs nine “public” swimming pools in neighborhoods such as North Beach, the Mission, Bayview, Visitacion Valley, etc. These pools used to be open five or six days a week and were free for residents. Today, residents pay $5 for each swim and $7 for adult swim lessons/water exercise. Children under 17 pay $1 per swim and $2 for swim lessons/water exercise ($3 for a swim & a class together).


Active Recreation Facilities: Public vs. Private… is there a difference anymore?


Each time a family of two adults goes to a city pool it costs $10 per visit to swim and up to $14 per visit if they participate in swim lessons or water exercise. If that family went three times a week, it would cost them $120-$168 per month depending upon how many times they took a swim vs. participated in swim lessons/water exercise. That comes to at least $1,440 dollars per year. Additional swim lessons/water exercise classes drive costs of using a “public” pool even higher.


Now imagine a family of two adults living at the Golden Gateway who currently       swim every day at the Golden Gate Tennis and Swim Center. At the city’s North Beach (public) pool, it would cost them $200 a month ($10/swim X 20 days) to swim Tuesday through Saturday (the pool is closed Sunday/Monday) and their schedules would have to match specific windows each day when the pool is available for adult lap swimming. Compare that to the two pools at the Golden Gateway Tennis and Swim Center—one just for swimming laps; one for kids, families and seniors that are open seven days a week for longer hours.


B. Comparative Costs. Because our hypothetical couple live at the Golden Gateway Apartments they automatically receive a discounted membership of about $170  per month ($85 each) to use the two pools, full gym across the street and have the ability to reserve tennis courts at $20 per use. Since the Golden Gateway was built (1960’s), residents have always received discounted membership at this facility, one of two community benefits Redevelopment required, along with Sidney Walton Square, in exchange for entitlements to build both the Golden Gateway (1,150 rental units) and the adjacent Gateway Commons (condominiums). Redevelopment felt both amenities were needed to meet the open space and active recreation needs of what was to become one of the densest residential communities in San Francisco and discounted the land for the GGTSC and Gateway Commons in exchange for the owner maintaining an active recreation facility at the GGTSC in perpetuity.


Even for those who don’t get the Golden Gateway resident discount, memberships to the Tennis and Swim Center that don’t include automatic access to the tennis courts cost about $220 a month to swim 30 days a month, the same price two adults would pay to swim only 20 days a month at the North Beach pool, a facility with no gym and only   one pool and therefore greater restrictions on when they could swim laps. It should also be noted that over 300 “guests” are admitted free to the Golden Gateway recreation facility each month, a total of 3,000 to 4,000 guests each year. We are not familiar with   a similar policy for free guests at the North Beach pool (or any other city pools).


Clearly, the recent privatization and escalating fee structures at the city’s “public” recreation centers/swimming pools have erased any real distinctions between public facilities and private facilities as viewed by local families and residents. But one of          8 Washington’s main justifications for closing the Golden Gateway Tennis and Swim Center for 3-4 years during construction—and downsizing the replacement facility—
is that it is a “private” club maintained for the selfish interests of the few.


Putting aside the fact that 8 Washington’s condos will cost $2 million each to build  and will sell for $2.5 to $5 million each and up (for upper floors), making them unaffordable to 97% of all San Franciscans (talk about catering to “the few”), the issue of who uses the current recreation facilities on this site is an important one that the DEIR must address. The similarities outlined above between today’s Golden Gateway recreation facilities and the City’s current “public” recreation centers/swimming pools contradicts the impression created by the DEIR in its current form with so many derogatory references to GGTSC as a ‘private’ club.


It is imperative that public officials have the information outlined above regarding the current costs of “public” recreation in front of them so they can decide for themselves what distinctions, if any, exist in today’s world between this ‘private’ club and so called “public” alternatives. This information is precisely what an EIR is suppose to provide to officials charged with making these kinds of decisions.


For these reasons, we must insist that you provide—in the Comments and Responses document—a clear, complete explanation of this issue, with a chart (see attached for potential template) that compares the facilities, hours, programs and costs to San Francisco residents of the city’s nine (9) “public” swimming pools with the current Golden Gateway recreation facility fee structure. Without such an analysis critical information will be lacking, information that Planning Commissioners, Park and Recreation Commissioners, Port Commissioners and the Board of Supervisors will clearly need as they assess the validity of the developer’s claims about who is served by the current facilities (and what environmental impacts they have) versus those who’ll be served by the proposed project (and its environmental impacts).


Without this information, it will be difficult for these public bodies to make informed decisions as to whether to grant or not grant the conditional use authorizations, upzonings and dozens of separate approvals and permits needed for this complicated and controversial project to proceed.


V. THE DEIR FAILS TO ADDRESS OR ANALYZE ANY OF THE MAJOR ECONOMIC ISSUES RELATED TO THIS PROJECT, ISSUES THAT HAVE SIGNIFICANT ENVIRONMENTAL AND FINANCIAL IMPACTS ON THE NEIGHBORHOOD AND THE CITY.


Several of the project sponsor’s and the Port’s objectives for this project speak to the “economic” benefits of the project for the developers, the Port and the City. The DEIR and other Port documents talk about the need to develop SWL 351 in order to generate revenue for badly needed Port infrastructure work. But the Port’s financial term sheet for this project is unrealistic, misleading and relies on depriving the city of $32 million in general fund dollars as part of a proposed Infrastructure Financing District.


This section addresses the DEIR’s lack of analysis or scrutiny regarding the ‘alleged’ financial benefits of the project as described in the Port’s Term Sheet for Seawall Lot 351 with San Francisco Waterfront Partners (“Term Sheet”) and how that Term Sheet, if executed, would have very real environmental impacts with regard to transit, open space, recreation, housing and population.  An examination of the Term Sheet demonstrates that the stream of income on which the term sheet’s finances rely cannot be achieved.  An objective analysis of “payments” described in this Term Sheet leads one to a much more pessimistic set of income projections than those presented in the September 23, 2010 Director’s Recommendation to the Port Commission. That report describes three payment sources as follows:


(1)  a land lease with annual payments of $120,000 per year;
(2)  future payments triggered by resale of condos created by the Project;
(3)  a to-be-established Infrastructure Financing District (IFD) that allows
              a portion of growth in property taxes to be reinvested in public facilities;  
 
That third source of funding is particularly troubling since it requires a sizeable appropriation of City General Fund revenues ($32 million) by the Port for its own purposes. We will now examine each of these proposed “payment” schemes to determine how realistic they are as well as the potential environmental and economic consequences they create for San Francisco’s residents and taxpayers:
1.  Lease Payments. It is easy to refute the likelihood of the $120,000/year lease payment for parcels to be used as open space with related facilities.  The second paragraph of Director’s Recommendation (page 5) states: “If engineering and cost analyses deem additional funding is needed to finance agreed upon public improve- ments, the Port agrees to designate some or all of the $120,000 per year park rent to augment financing of these public improvements.”  If the developer produces “engineering and cost analyses” showing “additional funding is needed to finance agreed upon public improvements,” the Port will “designate some or all of the $120,000/year in park rent to finance public improvements,” improvements that the developer is responsible for.  Suddenly this $120,000 of alleged “rent” could become no rent. Is that likely to happen? You be the judge:



A Little Recent History


The developer of 8 Washington is San Francisco Waterfront Partners, a partnership between Pacific Waterfront Partners and CALSTRS, the same partnership that  developed Piers 1½, 3 and 5 across the street. According to the Port’s rent rolls, San Francisco Waterfront Partners makes rent payments for Piers 1½, 3  and 5 of  $41,666.67 per month or $500,000 annually. But 90% of this is wiped out by a rent credit of a $450,000 annual rent credit ($37,500.00 per month). This means that the actual rent for Piers 1½, 3 and 5 paid by San Francisco Waterfront Partners isn’t $500,000/year, but $50,000/year or 1/10 of the original rent. Knowing this, it seems highly likely that the Port will grant a similar rent credit to 8 Washington, a credit that it has already offered in the Term Sheet approved last year.



The DEIR needs to discuss this and ask the following questions to help establish for public officials whether or not 8 Washington has the possibility of generating resources to fix up the Port’s historic infrastructure.


Was the $450,000 rent rebate given Piers 1½, 3 and 5 given for “public improvements” in the same way the 8 Washington Term Sheet proposes to give      8 Washington an up-to-$120,000/year (100%) rebate for “public improvements?


How much of this $120,000/year lease payment to the Port is guaranteed?


Based on recent history with this developer (see above box), it would appear that claiming a $120,000 per year lease payment is, at best, a gross overestimate.


2.  Future payments triggered by resale of condos (aka increased transfer tax). The second source of payments (around $25 MILLION over life of the lease) involves the developer recording covenants “committing all owners to transfer payments to the Port of ½ percent of sale value for all sales of the residential condominiums and all re-sales of commercial condominiums” (from Director’s Report, Page 4), in other words, a ‘voluntary’ increase in the transfer tax.  


This idea of obligating future owners to a special transfer “fee” was already tried, unsuccessfully, several years ago by then Mayor Gavin Newsom’s office as a way to provide ‘stimulus’ for large condo developers with approved projects who were trying to get financing. In exchange for agreeing to binding future condo owners to ‘voluntarily’ pay a 1% increase in the real estate transfer tax (but not calling it a “tax”), the Mayor’s Office proposed relieving the developers of 1/3 of their affordable housing requirement. That idea failed to get off the ground for both legal and political reasons. Regarding this proposal:


How does the Port plan to argue this increase in the real estate transfer TAX is not really a tax and do so in a way that convinces the Pacific Legal Foundation, Howard Jarvis Taxpayers Association and SF Board of Realtors not to sue?
Mayor Newsom’s failed proposal did trigger an multi-stakeholder discussion of a broader, legally defensible strategy, going to the voters for a permanent, across the board increase in the transfer tax on ALL real estate transactions (above the median home price) generating tens of millions of dollars a year for affordable housing. A portion of this new money would fund traditional affordable housing built by non- profit housing development corporations, but a portion would also be available to for-profit housing developers to buy down their affordable housing obligations. All sides agreed to this compromise and to place it on the November 2010 ballot, because it HAD to go to the voters, just as the ½% transfer tax increase proposed     in this Term Sheet would need voter approval.


NOTE: The reason that this proposal was not on the ballot that November, as reported in the New York Times, was because Mayor Newsom refused to support it or ANY tax increase, no matter how much support it had, for fear of giving his Republican opponent in the Lt. Governor’s race an issue to use against him in the 2010 election.


If the best legal and political minds in the city couldn’t figure out a way to “voluntarily” increase the real estate transfer tax without going to the voters then, how does the Port propose to do the same thing for 8 Washington now?


3.  New IFD Funding Mechanism. The third weak link in this financing plan is the as yet “to-be-established Infrastructure Financing District (IFD) that will allow a portion of growth in property taxes to be reinvested in public facilities.”  Port Director’s Recommendation, page 2.   While the concept is an interesting one, it is in its infancy in San Francisco. The Board of Supervisors is in the process of setting up a pilot IFD with seven or eight property owners on Rincon Hill to test this model.


To date, citywide discussions about the use of tax increment financing tools, such as the IFD, have linked their use to funding a larger set of neighborhood infrastructure needs and public benefits previously identified through adopted Area Plans such as Eastern Neighborhoods, Market Octavia and Rincon Hill and not for the specific needs of individual projects or developers (e.g. 8 Washington).


Looking ahead, it isn’t hard to imagine the kind of criteria the Board of Supervisors might adopt to determine what developments could avail themselves of IFDs. Those with significant legal, political and financial challenges, such as 8 Washington, would not score well.  Nor would projects that dramatically reduce and eliminate active recreation facilities serving middle-income families and seniors for over 45 years.  Finally, projects that undo decades old community benefits agreements, provided as part of a Redevelopment plan (e.g. Golden Gateway’s permanent active recreation center), probably wouldn’t pass muster .


Assuming the city eventually creates IFDs in certain circumstances, how does the Port make the case for THIS project, given the growing political and legal opposition to it, the long standing community resource that it destroys and the fact that the Board of Supervisors won’t give up $32 million for it (see below).


 4. Diversion of property taxes from the General Fund to the Port. The majority of the 8 Washington/SWL 351 site is NOT Port property, but under the jurisdiction of the City and County of San Francisco. Exhibit A of the Term Sheet shows the boundary of the 0.64 acre under Port control (SWL 351) and the 2.51 acres portion currently privately owned by Golden Gateway on AB168, 171, 291 (80% of the site). SWL 351 (the Port land) is only 20% of the total development site.


While these blocks were under the jurisdiction of the Redevelopment Agency, the property tax increment was diverted from the City’s General Fund to that Agency.  Following termination of the Redevelopment project area several years ago, however, ALL property tax revenue from this land flows to the General Fund.  The Port now proposes to divert the property tax increment from the portion of this site NOT UNDER PORT JURISDICTION away from the General Fund and to the Port.


The Port Director’s Term Sheet Recommendation on page 6 proposes “a new Port IFD” covering both SWL 351 and the Golden Gate Tennis and Swim Club (WHICH IS NOW ENTIRELY UNDER THE CITY’S JURISDICTION AND TAXING AUTHORITY).  Under the “new Port IFD” all the property tax increment from development on non-Port property would be diverted FROM the General Fund TO the Port.  Toward the end of the Term Sheet recommendation the Port Director does state that the Board of Supervisors would have to agree to this arrangement, which prompts several questions that should have been asked and answered in the DEIR:


Who from the city, not the Port, agreed to including these IFD financial terms in the Term Sheet?


Which members of the Board of Supervisors were consulted regarding this planned appropriation of property tax revenue from the city’s general fund?


What would lead the Port to think ANY current or future Board of Supervisors would  ‘voluntarily’ turn over $32 million in General Fund dollars to the Port, providing a $32 MILLION CITY SUBSIDY FOR LUXURY CONDOS when the Board is struggling with massive budget deficits, layoffs and cuts to vital city programs?


The DEIR must address whether or not this project is financially viable because if it is not, then the public facilities and infrastructure the project has promised to provide cannot be built. The DEIR must also assess the likelihood of the Board of Supervisors turning over $32 million in General Fund monies as a subsidy to the Port for this and other Port projects and analyze what environmental impacts this loss of $32 million to the city would create over time: what parks wouldn’t be maintained, which parks and recreation centers closed, what transit lines discontinued or run less frequently, etc.; actions that would not have been necessary had the city kept that $32 million. Specifically, the DEIR must answer the following questions:


Can 8 Washington’s public facilities (e. g. Jackson Commons, other open space) ever  be built with IFD funding, given that:


a) the IFD is predicated on the Port capturing 100% of the tax increment generated by 8 Washington even though the Port only owns 20% of the site, and


b) according to recent testimony before the Planning Commission by Michael Yarne (OEWD), under state law IFD’s are prohibited on land that “is currently,  or was previously part of a redevelopment area”?
 
Under what circumstances does the Port anticipate that the current (or a future) 
Board of Supervisors would voluntarily give up its 80% of this tax increment
($32 million out of $40 projected by the Port) to fund public improvements for   
LUXURY CONDOS at 8 Washington or other Port projects?


Has the Port had any discussions with the Board of Supervisors regarding this?


If so, what was the Board’s reaction?
    
Has the Port or project sponsor had state legislation passed (or introduced) that
provides the necessary waivers from the current state prohibition against
setting up IFD’s in former redevelopment areas?


Again, this is information that public officials must have to make informed, objective
decisions about the impacts of this project.


 


 


 


VI. THE DEIR FAILS TO DISCLOSE THAT 8 WASHINGTON IS THE FOURTH ATTEMPT TO CONVERT THE GOLDEN GATEWAY TENNIS & SWIM CLUB FROM CITY MANDATED ACTIVE RECREATION USE TO CONDOMINIUMS. IT PRESENTS VERY BRIEF AND MISLEADING INFORMATION REGARDING THE HISTORIC RECORD SUPPORTING THE REQUIREMENT TO PRESERVE THE CURRENT ACTIVE RECREATION FACILITIES ON SITE IN PERPETUITY.


The DEIR addresses this issue very briefly in a footnote on page II.3 that states:


2 The original development agreement governing the Golden Gateway Center Lots required the developer to provide non-profit community facilities as part of the overall development with the Golden Gateway Center. In Section 4 (a) of the Agreement for Disposition of Land for Private Development (“Agreement”) between Perini-San Francisco Associates (the “Developer’) and the Redevelopment Agency, dated August 27, 1962, the Developer agreed to maintain “community facilities of  a permanent nature… designed primarily for use on a nonprofit basis” (page 25 of the Agreement). Subsequent to the Agreement, the Agency and Golden Gateway Center (the successor to the Developer) entered into a Second Supplement and Amendment to the Agreement (“Second Supplement”) on March 14, 1976. Section 1(d) of the Second Supplement deleted Section 4(a) of the agreement (page 12 of Second Supplement) and thereby removed the requirement to maintain community facilities on the property in exchange for the dedication of Sydney Walton Park for perpetual use as a public park.


This interpretation of those documents contradicts evidence previously by individuals with intimate, first hand knowledge of those Golden Gateway redevelopment agreements. Those comments are attached as:


Exhibit A: A May 9, 1984 letter from then Mayor Dianne Feinstein that begins:“As a supervisor and as mayor, I have a long history with the redevelopment plan and agree with those who maintain that this site has always been considered set aside for recreation and open space.”


Exhibit B: An August 8, 1990 letter from Robert Rumsey to then redevelopment director Ed Helfeld that states:


  “I happened to be Deputy Director of Redevelopment in the late 1950’s and early  
    1960’s when the Golden Gateway redevelopment plan was adopted by the city and
    when Perini Corp. was subsequently selected as the developer of the Golden Gateway
    over eight other competitors… I feel it is important to place on the record the view of  
    the staff and commissioners of the agency at the time of selection: The provision of that
    open space and recreational space was a significant factor in the selection of the
    Perini proposal. And clearly, the space was presumed to be kept that way in
    perpetuity” (underlining Mr. Rumsey’s).


 


Exhibit C: A January 24, 2003 letter from Senator Dianne Feinstein reiterating that: 
  
   “I have a long history with the redevelopment area at Washington and Drumm Streets     
    and concur with those who believe this space was intended for recreation and open
    space. Please oppose further development of the Golden Gateway Tennis & Swim Club.”


These letters came in reaction to THREE previous unsuccessful attempts to develop the Golden Gateway Recreation Center as condominiums. Those attempts included:


1. Perini Corp. (early 80’s). The original developer of the Golden Gateway project proposed replacing the Golden Gate Tennis & Swim Club (GGT&SC) with a 9-story condominium project, in violation of its original approvals for the larger project that called for the GGTSC to serve as one of two major community benefits (along with Sidney Walton Sq.) in perpetuity. NOTE: This took place after the Second Supplement and Amendment to the Agreement referenced in Footnote 2 (above) was executed. Clearly, then Mayor Feinstein, had a very different interpretation of the Second Supplement than that of the author of Footnote 2 when she says in her letter that  “I agree with those who maintain that this site has always been considered set aside for recreation and open space.”


2. Perini Corp. (early 90’s). Again the owners of the Golden Gateway proposed replacing the project’s active recreation center with a condo project. This time, a letter from former Redevelopment Director Robert Rumsey date 8/8/90 provides extensive evidence that the interpretation of events contained in Footnote 2 is neither complete nor accurate. His detailed first hand description of that transaction which took place in the 1970’s is quite instructive. In addition to his comment that:


     “I feel it is important to place on the record the view of the staff and commissioners  
      of the agency at the time of selection: The provision of that open space and
      recreational space was a significant factor in the selection of the Perini proposal.
      And clearly, the space was presumed to be kept that way in perpetuity”


his letter states that “if it is now proposed that there is a loophole permitting that space to be invaded by condominiums, I would consider that to be most unfortunate for the city” and describes the land use negotiations that allowed Perini to substitute 155 low-rise condos for the four remaining high-rise rental towers that were suppose to be built as Phase III of the redevelopment plan. According to Rumsey, the agency finally, “albeit reluctantly” agreed to let Perini make this change “because some seven years had elapsed since completion of Phase II and there was otherwise no prospect for building on those long-barren blocks”.


Rumsey then states that the Agency’s October 28, 1975 minutes show the debate over what the Agency should charge Perini for the land that made up Phase III (now Gateway Commons condominiums) focused on “whether it should be $8.45 a square foot, the price established 15 years earlier, or a more realistic 1975 price of $15-$20 a square foot”. He then states:


      “My new successor, Arthur F. Evans, said he might agree with the higher number if
      the land was offered without restrictions, such as requirements of open space. And
      he added: Amenities such as Sidney Walton Square and the Golden Gateway tennis
      courts were on land that was not income producing, and since no one could build
      highrise buildings on this area, its value could be considered zero.”


As a result of this discussion, according to Rumsey, “Evans and the commission agreed to hold the land sales price to the original $8.45 a square foot, as the agency continued to view the open and recreation space to be in perpetuity.”


Based on Rumsey’s letter and substantial community opposition, this second attempt to replace the GGT&SC was defeated.


3. John Hamilton, developer (2003-04). In the mid-90’s Perini sold Golden Gateway to Timothy Foo and a group of investors. In 2003, developer John Hamilton proposed another condo tower on the site. Senator Feinstein’s January 24, 2003 letter was responding to that proposal. After reiterating her conclusion that “this space was intended for recreation and open space”,  she goes on to say, “increasing the height of the Club would drastically change the picturesque panorama of the Bay and would create shadow effects on the newly constructed Embarcadero. Further, development of more residential units would increase traffic noise and pollution, and disregard the original understanding between City officials and area residents that open space and recreational amenities should be preserved.”


4. Current 8 Washington Street/SWL 351 proposal is the 4th Attempt (2006-present) to develop condos on this site and demolish the Golden Gateway’s active recreation center, a facility that’s successfully fulfilled its intended purpose for almost 50 years.


In his written comments on 8 Washington’s DEIR dated August 11, 2010, Mr. Edward Helfeld, Director of the Redevelopment during the second attempt to demolish the Golden Gateway Tennis and Swim Club speaks to the original purpose of the facility, how it has successfully served San Francisco’s recreation needs for over four decades and how relatively inexpensive it is compared to other tennis facilities in the city. He also writes that “As Executive Director (1987-1994) I was in total support of retaining Golden Gateway Tennis and Swim Club”.


Any public official or member of the general public reading the current DEIR would have no knowledge of these three previous attempts to build on this site, their outcome and the role former city officials have played in confirming that the Golden Gateway active recreation center was meant to be preserved as an active recreation center in perpetuity. The Comments and Responses to the 8 Washington Street/SWL 351 DEIR must include this historic information in order to be considered accurate, complete and objective.


 


 



VII. ADDITIONAL COMMENTS ON THE 8 WASHINGTON DEIR


A.  The DEIR’s Introduction presents confusing and conflicting information regarding how, when and by whom environmental review for this project was initiated. The first two paragraphs of the DEIR’s Introduction (pg. Intro.1) raise some troubling questions about how environmental review for 8 Washington was carried out that need to be addressed more completely and forthrightly. The timeline for environmental review is described as follows (quoting from the DEIR):


1. “On January 3, 2007, an environmental evaluation application (EE application) was filed by San Francisco Waterfront Partners II (the “project sponsor”) on behalf of the Golden Gateway Center for a project at 8 Washington Street and the adjacent Seawall Lot 351, which is owned by the Port….(the Port is not a co-sponsor of the proposed project, but has authorized San Francisco Waterfront Partners II to submit an EE application that includes Seawall Lot 351).”


2. “On August 15, 2008, the Port issued a Request for Proposals (RFP) for the development of Seawall Lot 351. Two parties submitted timely proposals: SF Waterfront Partners II and a development group led by Dhaval Panchal (which later withdrew its proposal).”


3. “On November 10, 2008, the Port reissued the RFP for this project.”


4. “On February 24, 2009, the Port Commission authorized Port staff to enter into an exclusive negotiating agreement with SF Waterfront Partners II, finding that the proposal submitted by SF Waterfront Partners II meets the requirements of the RFP and meets the Port’s objectives for Seawall Lot 351.”


It appears from this timeline that the ‘project sponsor’, SF Waterfront Partners, was selected to carry out the 8 Washington project on January 3, 2007 when they were “authorized” (by the Port) to submit an Environmental Evaluation (EE) application officially beginning environmental review. However, there’s no explanation in the DEIR as to why, 18 months later (August 2008), the Port decided to issue an official RFP to select a developer for Seawall Lot 351.


This makes no sense given that Seawall Lot 351 was included in the January 3rd EE application submitted by SF Waterfront Partners (if not as designated developer, then in what capacity?). Then three months later (November 2008), we’re told the Port reissued the RFP with no explanation as to why. Finally, on Feb. 24, 2009, twenty five months after SF Waterfront Partners filed the EE application and began the environmental review process, the Port Commission authorizes staff to enter into an exclusive negotiating agreement with SF Waterfront Partners (SFWP) to develop  SWL 351. This raises troubling questions that need to be addressed in the DEIR to give public officials (and the general public) a clearer sense of the appropriateness, completeness and legality of the current environmental review process.


The DEIR must explain:


1. Is this how environmental review is normally sequenced? Is it routine for a developer that has not yet been selected by the Port to undertake a specific project, let alone negotiated an Exclusive Negotiating Agreement (ENA) with the Port for said project, to submit an EE application to Planning for this project that they haven’t yet been selected to develop and then for the Port, eighteen months later, to issue the first RFP to select a developer for the project and have a developer other than the one who submitted the EE respond to the RFP—then drop out (with     no explanation why in the DEIR), then have the RFP reissued six months later and then finally,
25 months after the current developer of 8 Washington submitted the EE, the Port finally selects said developer (SFWP) as the official developer of 8 Washington and begins negotiating an ENA? Is this NORMAL procedure?


2. How could the Port authorize SFWP’s EE application without a written agreement designating SFWP as the approved developer of SWL351? Is this standard procedure in these matters?


3. If this EE process was, in fact, legal prior to August 2008, why did the Port reverse course on August 15, 2008 and issue an RFP for SWL 351 (a site already included in the EE application filed 18 months earlier)? Doesn’t the initial applicant in the EE process have to be either the property owner or his designated developer and be able to demonstrate site control? How would that have been possible back in January 3, 2007 for SWL 351?


4. What role did SFWP play in drafting the RFP (and Port’s objectives for SWL351)?



5. What reasons did the second respondent to RFP give for “withdrawing his proposal?”



6. Why was the RFP reissued on November 10, 2008?



7. When on January 3, 2007, the Planning Department accepted an environmental evaluation application (EE) “filed by San Francisco Waterfront Partners II (the “project sponsor”) on behalf of Golden Gateway Center for a project at 8 Washington Street and the adjacent Seawall Lot 351”, was Planning aware that San Francisco Waterfront Partners had not been and could not be legally designated as “project sponsor” for SWL 351 at that time?


8. Why didn’t the fact that SFWP had no legal basis to claim that it was the “project sponsor” for SWL 351 invalidate the EE application? The DEIR states that the Port “authorized San Francisco Waterfront Partners II to submit an EE application that includes Seawall Lot 351” but wouldn’t that imply SFWP would eventually be selected as the developer and discourage other developers from submitting responses to the Port’s August 15, 2008 RFP given that SFWP had been working with Planning staff on the environmental evaluation for 18 months already?


9. Is what happened in January 2007 legal? If not, when did the Planning Department become aware of this problem and what did it do about it?


10. Having now publicly described this chronology in the DEIR, what legal impact does this have today on the environmental and project review process?


11. Would any other developer be allowed to begin the environmental review process on a project for which they had neither been designated developer nor had site control?



These questions MUST be answered in the DEIR given the bizarre and confusing chronology that now appears in it regarding how environmental review was initiated for this project.


 


B. In other Port documents related to 8 Washington, San Francisco Waterfront Partners II is described as a partnership between Pacific Waterfront Partners (PWP) and California State Teachers Retirement System (CalSTRS). However, the involvement of CalSTRS in this project appears nowhere in the DEIR. Given that CalSTRS has already spent over $23 million dollars in predevelopment funds for 8 Washington, the DEIR must contain some mention of CalSTRS as a member of this partnership and the fact that the same partnership (PWP and CalSTRS) developed Piers 1½, 3 and 5 across The Embarcadero from this site.


Finally, the first sentence of the Introduction to the DEIR refers to the fact that “on January 3, 2007 an environmental evaluation application (EE) was filed by SF Waterfront Partners on behalf of the Golden Gateway Center   for a project at 8 Washington”. That footnote references “Golden Gateway Center, Authorization Letter from Timothy Foo dated Dec. 27, 2006.”


For this DEIR to be complete and accurate it must address several key questions including:


1. Who is developing this project? Pacific Waterfront Partners?  CalSTRS? Golden Gateway Center (Timothy Foo)? What are their relationships to each other and the proposed project?


2. What precisely is the relationship between these three entities and the Port?


3. What was the understanding between SFWP, Timothy Foo and the Port when SFWP submitted its EE application on behalf of Golden Gateway Center? All three are mentioned in the relevant discussion in the DEIR.


C. The DEIR is inadequate and incomplete due to its failure to include A Community Vision for San Francisco’s Northeast Waterfront. The DEIR is inadequate and biased in discussing the Planning Department’s Northeast Embarcadero Study (NES), while failing to include an equally detailed discussion of the background and recommendations of the study prepared by Asian Neighborhood Design entitled A Community Vision for San Francisco’s Northeast Waterfront, dated February 2011, which was presented to the Planning Commission on July 7, 2011. 


The second sentence in the third paragraph of the Introduction states that the purpose of the Northeast Embarcadero Study (NES) was “to foster consensus on the future of Seawall Lot 351 and at other seawall lot properties on the northern waterfront” and leaves the reader with the impression that it succeeded in this goal by stating how many public workshops were held (five) and “on July 8, 2010, the San Francisco Planning Commission adopted a resolution that it ‘recognizes the design principles and recommendations of the Study’ and urges the Port of San Francisco to consider the recommendations of the NES when considering proposals for new development in this area”.


To be accurate and truthful, the DEIR should mention the level of anger and frustration expressed by the majority of the public that attended these five workshops who felt the Port, who was paying for the NES, was dictating its conclusions in order to facilitate the approval of the
8 Washington. For example, when 30-40 people at a workshop opposed the notion advanced by Planning staff that The Embarcadero needed a “hard edge” and that “higher heights” were appropriate for the 8 Washington site and only 6-8 people expressed support for these ideas, the notes from that meeting would later say that opinion was divided on these matters. To its credit, the Planning Department states clearly in the final draft of the NES that they failed in their goal   of achieving consensus on the future of SWL 351.


The DEIR needs to include this information to provide a more accurate representation of the outcome of the NES process.


People were so upset by what they perceived as a transparent attempt to ‘justify’ 8 Washington, that they began their own community-based planning process to address the larger issues of reconnecting Chinatown, North Beach, Russian Hill and Telegraph Hill to the Waterfront; healing the wounds left by the ramps to the Embarcadero Freeway by making Broadway, Washington and Clay Streets more pedestrian, bicycle and transit friendly; and fostering consensus on the future of Seawall Lot 351 and at other seawall lot properties on the northern waterfront.


Four major community organizations representing thousands of local residents, small businesses        and property owners became the primary sponsors/organizers of this “Community Vision for the Northeast Waterfront” and hired Asian Neighborhood Design to assist them in developing it.    These organizations included: Friends of Golden Gateway; Golden Gateway Tenants Association; Telegraph Hill Dwellers and Barbary Coast Neighborhood Association. Stakeholders from Chinatown, Russian Hill, Nob Hill, Fisherman’s Wharf and other neighborhoods also participated.


On July 7, 2010, when the Planning Department staff presented the NES to the Planning Commission, AND and the four sponsors of the “Community Vision for the Northeast Waterfront” were invited to present a summary of their planning work to date.


The DEIR fails to make any mention of the alternative plan created by these four community groups with AND’s help. It needs to describe this study, how it differs from Planning’s NES and include it in the final EIR so public officials can evaluate the merits of both studies for themselves.
 
The DEIR must describe the reasons why this alternative community planning process was undertaken and include a detailed discussion how the proposed project would or would not conform to each of the recommendations contained in A Community Vision for San Francisco’s Northeast Waterfront?


I am attaching a copy of the AND Study: A Community Vision for San Francisco’s Northeast Waterfront to these comments and ask that it be included in the EIR so that readers and public officials can gauge for themselves if it was more successful in “fostering consensus on the future of Seawall Lot 351 and at other seawall lot properties on the northern waterfront” than the Planning Department’s Northeast Embarcadero Study (NES).


D. The DEIR tries, unsuccessfully, to minimize the loss of iconic views of Coit Tower and Telegraph Hill from in front of the Ferry Building with its argument about ‘episodic’ views and a new claim that “trees” already obscure the views of Coit Tower from in front of the Ferry Building, views enjoyed by millions of tourists, residents and office workers each year.  As demonstrated in Figure IV.B-3: View B (page IV.B.7), the height and mass of the proposed project would completely obstruct views of Coit Tower and Telegraph Hill currently seen from the Embarcadero Promenade at the northern end of the Ferry Building. This significant adverse effect on the visual quality and scenic vistas enjoyed by the public puts the project in direct conflict with a number of city and Port planning policies. The DEIR’s conclusion that this would not create a substantial adverse effect on a scenic vista because “Coit Tower and Telegraph Hill would continue to be visible from numerous vantage pointes in the vicinity of the Project site and the City” is a biased and subjective judgment that is not based on fact. This ‘episodic’ argument could be used to claim that NO building ever blocks an important view because if you walk far enough past the offending structure, you might get the view back.
The comment about trees blocking the view of Coit Tower from in front of the Ferry Building must be stricken from the document. I just came from standing at the main entrance of the Ferry Building and I could clearly see Coit Tower and most of Telegraph Hill. While several trees in front of the F-line stop across the street did impede the view around the edges, these trees could easily be pruned to eliminate the problem.



E. The DEIR’s Traffic and Transit Data is Seriously Out of Date.


The traffic data relied upon by the DEIR in reaching its conclusions is incredibly stale, having been based on surveys done in 2006-2007 and with 2000 census data (page IV.D.5 of the DEIR).  These studies must be updated.  For example, the assumptions made in the DEIR that the existing conditions at the Embarcadero/Broadway and Embarcadero/Washington intersections are “satisfactory” (at LOS D) defy logic.  Anyone familiar with the real time conditions at these intersections knows that this assessment could not be based on a factual analysis of current conditions at peak periods which, by the way, often occur on weekends (not studied in DEIR).


Also out of date is the transit information relied upon by the DEIR in reaching its conclusion that the project would not result in significant transportation impacts to transit systems (Impact TR-2), having been based upon data on capacity and utilization of individual MUNI lines from 2007 (page IV.D.9 of the DEIR).  This data should also be updated. For example, whoever was responsible for the assumption in the DEIR that the F-Line is not at capacity during peak periods has never ridden the F-line at peak periods. The America’s Cup will only make this worse.



F. The DIER belittles Pedestrian Safety Issues. The DEIR states that: “Conflicts between pedestrians and vehicles could occur at the project garage driveway, which could cause the potential inbound vehicles to queue onto Washington Street. Outbound vehicles would queue inside the garage and would not affect street traffic. Conflicts between outbound vehicles and pedestrians could still occur, but their effect on pedestrians would be reduced because pedestrians on the sidewalk have the right-of-way.” (page IV.D.25). I’m sure the fact that pedestrians have the right-of-way is of great comfort to families of children and seniors who’ve been struck and killed by cars. This statement is insulting and MUST be stricken from the DEIR. It’s also not true.


In the very next paragraph the DEIR makes the following statement about these potential vehicular and pedestrian conflicts at the garage driveway:


“The number of vehicles and pedestrians per minute are relatively small (about one vehicle and three pedestrians every 30 seconds on average) and it is therefore not anticipated that the proposed project would cause any major conflict or interfere with pedestrian movements in the area.” (page IV.D.25)


These numbers translate to 2 cars and 6 pedestrians every minute or 120 cars and 360 pedestrians an hour (or approximately 1,440 cars and 4,320 pedestrians coming into potential conflict in any given 7 am to 7 pm period).  The DEIR’s conclusion that such conflict between vehicles and pedestrian movement would be “less than significant” makes no logical sense and is simply not supported by the facts presented in the DEIR. 


G. The DEIR must include a new fence around the Golden Gateway Tennis and Swim Club in its NO PROJECT Alternative. Finally, the comments often heard about the “ugly green fence” around the GGTSC reminds us that the DEIR must let the reader know that it is the owner of the property, Mr. Timothy Foo, who is responsible for the ugly “green fence”. First, he has put the GGTSC operator on a month-to-month lease making it difficult for them to make a substantial investment in a nicer fence. Second, Mr. Foo himself stands to gain financially if 8 Washington is approved, so he has no incentive to fix the fence since its unsightliness is being used as an argument for demolishing the current facility. This simplest way to correct this bias would be to:


Include a rendering of the site with a new, attractive fence in the NO PROJECT alternative .


For the reasons stated in this letter, I believe this DEIR is seriously incomplete and inadequate to address the potentially significant impacts of this project.  I urge you to revise the document and re-circulate it in draft form.


Sincerely,


 


Brad Paul