Privatization

Ending the mayor’s commission monopoly

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EDITORIAL Ten years ago, San Francisco voters took a huge step toward decentralizing control of city planning, approving a measure that splits the appointments to the powerful Planning Commission between the mayor and the Board of Supervisors. A year later, a similar change gave the supervisors a role in appointing Police Commission members.

By any rational account, it’s been a complete success. The commissions better reflect the diversity of opinion in the city, function well and are no longer complete rubber stamps for the mayor and his planning director and police chief.

The mayor still controls the majority on both panels; his ability to set the direction of city policy hasn’t been harmed. But there’s a least a chance for a dissenting voice or two.

Compare that to, say, the Recreation and Parks Commission.

Rec-Park is a disaster. The seven members are all appointed by the mayor. Some have little or no past experience in anything related to recreation or parks. One actually works as Mayor Ed Lee’s scheduler. Commission votes are nearly always unanimous and the panel supports the director more than 90 percent of the time.

The mayoral appointees have overseen the rampant privatization of public space and a change in direction that undermines the entire concept of urban parks. Rec-Park staff have been directed to find increased ways to turn the parks into cash machines, prioritizing revenue over public access.

The result: So many people are angry at the department that it’s possible San Francisco voters will reject a bond act in November aimed at providing badly needed money to fix up ailing parks and facilities.

The discontent with Rec-Park stems in significant part from the perception that the commission is inaccessible and uninterested in public input. Since all of the members typically line up in lockstep on every decision, there’s little discussion and less chance for opposing opinions to get heard.

There’s a pretty easy fix — the supervisors could put a charter amendment on the ballot giving the board three of the seven appointments. But that would leave a long list of other key commissions unchanged — and there’s no reason to address the problem piecemeal. It’s time for the supervisors to push a comprehensive reform package that redefines how every policy commission in the city is structured.

The reason district elections of supervisors has been such an unqualified success (and remains incredibly popular) is that it guarantees not only neighborhood input on issues but a diverse board. Fiscal conservatives have a voice; so do left-progressives. You won’t find that on most mayoral commissions; it’s very, very rare for a mayor to appoint someone who doesn’t share his or her policy perspectives.

The mayor of San Francisco — who needs to raise huge gobs of money to get elected, leaving him or her deeply in debt to powerful and wealthy individuals and interests — has too much power. That’s a basic problem in the City Charter. The supervisors should start holding hearings now on alternative approaches to a more equally shared governance. Splitting appointments to all commissions would be a great start.

 

In the face of protest, City College moves forward with tough decisions

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The City College Board of Trustees passed the college’s budget and new mission statement yesterday, as well as a proposal to request a special trustee to work with the board as they face an accreditation process and dire financial situation.

The special trustee will advise the board on decision making. But they also have the power to overrule board decisions, something opponents called an undemocratic process.

About 40 of those opponents stormed the meeting. The activists, from the Save CCSF coalition, surrounded the trustees and, when several walked out of the room, sat down at their meeting table.

“I propose that we convene the People’s Board of Trustees. All in favor, say aye,” CCSF journalism student Alex Schmaus declared with a bang of the board’s gavel.

The “People’s Board of Trustees” then passed a few proposals. They passed a proposal that “students appoint ourselves special trustee and oppose any other kind of special trustee,” and that “we stand in solidarity with the teachers’ strike in Chicago.”

The dissenters left the table voluntarily, but were briefly confronted by campus police when they continued to march, chant and hold banners inside the meeting room.

Afterwards, the Board of Trustees resumed their meeting. Trustees William Walker and Chris Jackson voted against calling the question to vote on the special trustee, citing a lack of sufficient information about the powers of the special trustee, such as details about how and when their vote would supersede board decisions and the process for firing the special trustee.

The proposal to invite a special trustee passed 6-1, with Chris Jackson voting no.

“This is a monumental step for the lack of information we have in this process,” Jackson told the board concerning his vote.

http://www.youtube.com/watch?v=O25Xnjj4RmY&feature=youtu.be

Video by Joe Fitzgerald

Tension and passion at the meeting underlined the community’s commitment to CCSF and dismay at the situation it faces. As SEIU 1021 representative Angela Thomas said during public comment, “None of us are happy. None of us.”

Save CCSF certainly isn’t happy. Many students involved had already been fighting the Student Success Act, which prioritizes those students who get through school in two years rather than those who take longer, as well as those in non-credit classes, ESL classes, and lifelong learners. Now, they fear that the accreditation process will cause City College to make cuts along similar lines.

“We are not a junior college. We are a community college,” said Shanell Williams, Associated Students president at Ocean campus.

Teachers and staff are also hurting. The 2012-2013 budget, passed at last night’s meeting, includes reductions in pay for both groups of college employees. During public comment at the board meeting, American Federation of Teachers 2121 Alisa Messer engaged the protesters in dialogue.

“Difficult decisions are coming down on us. We need to fight against them when appropriate and work with them when appropriate,” said Messer.

“The faculty of this college has voted for the pay cut at 89 percent. We did it because we love this college and we want to turn it around,” she later added.

Thomas also made comments directed at the protesters. “I see the same things you guys see,” she said. But she added that the trustees were forced into difficult decisions, and called protesters’ anger towards the board misplaced.

“I don’t have time for fighting folk that ain’t my enemy,” said Thomas.

At the meeting, the board also approved a revised mission statement. The new mission statement does not mention lifelong learning as a goal of the college, a concern for some of the public present at the meeting.

“I’m a senior who found City College towards the end of my career. We have a lot of seniors who are lifelong learners. And the mission statement just got rid of them,” said Al Yates, Vice President of the Associated Students at the Southeast campus.

One of the disagreement that permeated the meeting was the choice between working together to meet the accreditation requirements or coming together to protest and somehow resist those requirements, which many in Save CCSF say could lead to austerity measures and privatization.

Board members delayed the vote on the issue of requesting a special trustee at their last meeting after a smaller protest. They were provided with a packet of documents with information about the special trustee, but some critical questions remained unanswered.

The special trustee will advise the board on decision making. But they also have the power to overrule board decisions–to “stay and/or rescind board actions where such actions are inconsistent with the developed recovery plan, accreditation standards, and the fiscal health of the district,” according to a letter from Executive Vice Chancellor for Programs Erik Skinner.

What process and criteria define that “inconsistency” remain unclear.

“We can only go on the language that we have in the letter. We don’t have any additional or special knowledge other than what the state chancellor has told us,” said City College spokesperson Larry Kamer.

Those questions may come to the forefront as the board selects and begins to work with a special trustee.

“Now that the vote passed, its important to have an open and transparent process to select the trustee,” said Jackson after the meeting.

Endorsement interviews: Jill Wynns for School Board

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Jill Wynns has been on the San Francisco school board for 20 years. She knows the system inside and out — and these days, she’s president of the California School Boards Association and had led the group’s efforts to pass (both) tax measures on the November ballot. We fought with her (on JROTC), supported her (on battles against school privatization) and always walked away with an understanding the she cares deeply about public schools and kids. You can hear her discuss why she wants a sixth term after the jump.

The park bond battle

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yael@sfbg.com

Recreation and Parks clubhouses are privatized and cut off from public access. Public spaces like the Botanical Gardens and the Arboretum in Golden Gate Park are closed to people who can’t pay the price of admission. Event fees and permit processes have become so onerous that they’ve squeezed out grassroots and free events.

It’s been enough to infuriate a long list of neighborhood groups who have been complaining about the San Francisco Recreation and Park  Department for years.

And now those complaints have led to a highly unusual coalition of individuals and groups across the political spectrum coming together to do what in progressive circles was once considered unthinkable: They’re opposing a park bond.

From environmentalists, tenant advocates, labor leaders, and Green Party members to West Side Republicans and fiscal conservatives,  activists are campaigning to try to defeat Proposition B, the Clean and Safe Neighborhood Parks Bond. 

The bond would allow the city to borrow $195 million for capital projects in several parks around the city. It comes five years after the voters passed a $185 million park bond. 

Environmental groups like San Francisco Tomorrow and SF Ocean Edge oppose the bond, and even the Sierra Club doesn’t support it because “In recent years, we have had many concerns with management of the city’s natural places,” as Michelle Meyers, director of the Sierra Club’s Bay Chapter, told us.  

Matt Gonzalez, the only Green Party member ever to serve as Board of Supervisors president, is part of the opposition, as is progressive leader Aaron Peskin.  Joining them is retired Judge Quentin Kopp, darling of the city’s fiscal conservatives.

The San Francisco Tenants Union wrote a ballot argument opposing Prop. B. The left-leaning Haight Ashbury Neighborhood Council and the more centrist Coalition of San Francisco Neighborhoods both want the bond defeated.

Many of the people opposing Prop. B have never before opposed a city bond act. “This is very difficult for me,” said labor activist Denis Mosgofian. “Some of us always support public infrastructure spending.”

When we called Phil Ginsburg, the director of Rec-Park, for comment, his office referred us to Maggie Muir, who’s running the campaign for Yes on B. She sent a statement saying: “Unfortunately, a small group of individuals are opposing Proposition B because they disapprove of Recreation and Park Department efforts to improve our parks and better serve San Francisco’s diverse communities.” The statement refers to Prop B’s opponents as “single issue activists”

 So who are these activists, and why have they come together to oppose the parks bond?

 Many started with, as Muir put it, a single issue.  Journalist Rasa Gustaitis  didn’t want to see fees to enter the Botanical Gardens and Arboretum in Golden Gate Park.  West of Twin Peaks resident George Wooding was upset that Rec-Park has been leasing public clubhouses to private interests. Landscape Architect Kathy Howard took issue with a plan to renovate Beach Chalet soccer fields, complete with artificial turf and stadium lighting.

After a few years of fighting these small battles, people like Gustaitis, Wooding, and Howard started to see a pattern.  Park property was being privatized.

THE ENTERPRISE

Some city departments, like the airport and the port, are so-called enterprise agencies. They don’t receive allocations from the city’s general fund, and operate entirely on money they charge users. In the case of the airport, most of the money comes from landing fees paid by airlines. The port charges ships that dock here, and takes in rent from its real-estate holdings.

Other departments, like Recreation and Parks, provide free services, funded by taxpayer money. In theory, the department creates and maintains open spaces for public use. The recreation side offers services like classes and after-school activities, many of which are centered in recreation centers and clubhouses in parks throughout the city. 

These have been staffed in the past by recreation directors, adults who coordinated and supervised play, in many cases becoming beloved community figures.

But some city officials want that mission to change. In a time of tight budgets (and facing significant cuts to its operating funds), Rec-Park has been looking for ways to increase revenue by charging fees for what was once free.

In fact, in a 2010 Rec-Park Commission meeting, interim General Manager Jared Rosenfeld said, “the sooner we become an enterprise agency, the better off we will be.”

In August 2010, the department fired 48 recreation directors.  In their place, Rec-Park hired part-time workers who were paid to put on programs but not to staff neighborhood rec centers. The department also hired six more employees in the Property Management Division, tasked with leasing out and renting parks property.

In 2010, the commission also approved a plan to impose a fee for non-residents and require residents to show ID to enter the Arboretum. The once-free public garden was on its way to becoming a cash cow (operated in part by the private San Francisco Botanical Society).

A fledgling group formed to fight the fees – and its members soon connected People from SF Ocean Edge, the Parks Alliance and SPEAK who were not pleased with a proposal to install artificial turf and floodlights at the Beach Chalet soccer field and people who opposed the leasing of clubhouses.

 Mosgofian, a member of the Labor Council and worker with Graphic Communications International Union Local 4-N, helped bring together many disparate groups who, they realized, have a common goal in halting the privatization of the parks system.

“It started with a number of different people who were involved in a number of different efforts to get the Rec and Park Department to do the right thing running into each other and eventually getting together,” said Mosgofian “People from these groups found themselves listening to each other’s efforts and got together.”

Subhed: The empty clubhouse

One of the turning points was the fight over J.P. Murphy Clubhouse in the Sunset.

 In July 2010, Rec-Park quietly began taking clubhouses, previously free and open to anyone in the neighborhood, and putting them up for lease. Nonprofits, some of them offering expensive programs,  took exclusive control of public facilities.

For Rec-Park, it was more money. For neighborhood residents, it was a sign they were being cut off from the resources their tax dollars built and funded.

“They would put a notice on the clubhouse door for a hearing, they would have four or five concerned mothers show up, and they would lease the facility,” said George Wooding, then-president of the West of Twin Peaks neighborhood group that got involved in opposing the clubhouse privatization.

The J.P. Murphy clubhouse in the inner sunset had benefitted from the 2008 bond. The building was renovated at a cost of $3.8 million. But when the shiny new rec center was finished, Rec-Park tried to put it up for lease.

Wooding helped organize strong opposition to the lease. They had already paid for the clubhouse through taxes and bond money, the opposition figured—why shouldn’t it be kept open to the public, free? 

 “I’d had enough. We felt, this is our park,  they just spent a ton of money. They fired the rec director. When Rec-Park came to rent out the facility, we just said no way,” Said Wooding.

The department gave up, and J.P. Murphy wasn’t leased. But without a lessee, the department simply closed the center. It’s empty and dark – although it’s available for $90 an hour rent.

Other similarly frustrating battles were going on around the city. 

Muir called the opposition “short-sighted.” 

“This opposition is punishing the people who use the facilities across the city, children who need safe parks to play in, seniors, and those who are disabled who need ADA compliance,” said Muir.

But Friends of Ethics, another group opposing the bond, argues that Rec-Park shouldn’t get another cent until the agency cleans up its act. In a paid ballot argument against Prop B, the group brought up the controversial process of leasing out the Stowe Lake Boathouse last year. The move to put Bruce McLellan, longtime operator of the family business that sold snacks and rented paddle boats, on a month-to-month lease before auctioning a new lease to the highest bidder created a serious backlash.

 On top of that, commission officials were accused of bias when they recommended a lobbyist, Alex Tourk, to one of the companies vying for the contract. 

 “It’s unseemly and it clouds public trust,” said No on Prop B proponent Larry Bush,  who publishes Citireport. 

The boathouse isn’t the only much-beloved tradition ended under the current Rec-Park administration’s reign. The Power the Peaceful festival, which brought big name musicians and thousands of attendants, all for free, has been priced out due to dramatic increases in fees. So has the Anarchist Book Festival. 

 Bob Planthold, a disability rights advocate who is also a member of Friends of Ethics, says that there are issues in the ADA compliance plans for the Parks Bond as well. Planthold says that money from the last bond measure in 2008 was misspent in terms of disability access.

 “Trails weren’t graded properly. There was no attention to whether there were tree roots that might be rising above the level of the trail that could trip somebody,” said Planthold. “They didn’t do a good, proper, fair job on making trails accessible.”

 The bond got unanimous support from the Board of Supervisors. That’s because it earmarks money for parks that desperately need it throughout the city. 

 But that doesn’t mean all the supervisors are pleased with the way Rec- is being run, either. In July 2010, Sup.  David Campos and then-Sup.  Ross Mirkarimi tried to pass a Charter Amendment to split the appointments to the commission among the mayor and the supervisors. 

 But they couldn’t get the measure through, and the commission remains entirely composed of mayoral appointees.  

So now the voters have a choice: Give more money to what  many say is a badly managed department moving toward the privatization of public property – or shoot down what almost everyone agrees is badly needed maintenance money. Of course, the critics say, Rec-Park can always change its direction then come back and try again in a year or two – but once public facilities become pay-per-use private operations, they tend to never come back. 

Big week ahead as City College classes start

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Classes at City College of San Francisco start for the fall on August 15. That makes this a big week for the coalition of students, staff, and community working on its future. 

As the college welcomes students back, this coalition will set up on the Ocean campus in Ram Plaza and at the Valencia entrance of the Mission Campus. With litterature from community groups, music and speakers, they hope to let incoming students get the chance to learn about the efforts to save the college- making sure it continues to exist, as well as maintaining its academic standards, accessibility, and other core values. The celebration will include music and speakers.

There’s also plenty happening before Wednesday. Today, a student organizing meeting will take place at the student union at the CCSF Ocean Campus. Then, at 6pm, CCSF will be the focus of the weekly Occupy Forum, an open space to discuss issues of importance to the occupy movement. William Walker, CCSF student trustee, will speak at this week’s forum, called “Education Under Attack: Austerity, Privatization and Profit.”

On Tuesday, the CCSF Board of Trustees will hold a special meeting at CCSF’s Ocean Campus. They are scheduled to discuss the progress of the working groups that have been set up to work towards meeting accreditation requirements. The meeting is public, and stakeholders and community members will definitely be making an appearance. The meeting is at 4pm in multi-use building room 140.

“There are a lot of people that have opinions on how we need to move forward,” said Walker. “It’s the job of students to come together to figure out what austerity is actually going to mean for city college, and what our must-have demands.”

Guardian Voices: There’s something happening here

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There are distinct signs of the rebirth of a grassroots  balanced-growth  movement in San Francisco, and some small indication that it’s even beginning to shift, ever so slightly,  the politics of the Board of Supervisors.  This is very good news for the vast majority of San Franciscans.

First, a little history.

Land use and the approval of major development projects lie at the very heart of San Francisco politics. Developers and their allies (the building trades, contractors, bankers, architects, land-use lawyers, consultants, and  permit expeditors) are the primary source of political money for candidates for local office. Since the freeway and urban renewal fights of the 1960s, the very definition of  progressive  politics in San Francisco has been the attempt to build a political base of  residents to resist that money.  So-called moderates are simply the political extension of the pro-development lobby using its money to consolidate developer control of the public approval process.

In most cities, land-use issues — zoning, permits, urban design — is left to elites. Not so in San Francisco. Here, land use is talked about at neighborhood meetings and on street corners. The heart the reason is our compact size: 46.7 square miles, and the prohibition of filling in any more of the Bay to create new land. There is no vacant land in San Francisco. Any new major development almost always displaces something already there.  Development is a zero sum game, with winner and losers.  And the losers  leave town.

Land-use politics is about staying here — and that creates real interest among San Francisco residents.

The funding for major development in San Francisco has dramatically changed in the 45 years since the freeway and anti-urban-renewal fights of the mid-1960s. Back then, it was public sector money that fueled development. Yet, with that money, due to the actions of  progressive politicians like Phil and John Burton and George Moscone, came its own remedy: votes to not accept the public money for freeways (Moscone) and votes creating either laws that either prohibited displacement or funded legal assistance to the poor, empowering  them to stop government agencies through litigation (the Burtons at both the state and federal level).

Since the money for freeways and urban renewal was from the government, the focus of the early balanced growth  forces was on government itself, through massive lobbying campaigns to affect officials’ votes (the freeway fight), or the use of government-funded lawyers  to protect poor people’s  interests ( the WACO and TOOR lawsuits against redevelopment).

All of that changed starting in the 1970s, when Richard Nixon and later Ronald Reagan deregulated oversight of urban development by creating a system of  block grants and ended funding for legal assistance for the poor.  Large-scale development was effectively privatized, moving it from being designed, funded, and approved at public meetings by government officials following regulations to being designed and funded in private — and having a Kabuki-play-like public approval process with little real oversight. With the passage of Prop 13 in 1978, which limited the main source of local government revenue — property taxes — local governments became even more reliant on private developer money to create new revenue.

The popular response to this change in the development process in San Francisco was the emergence of a politics that relied on the old progressive-era reforms of the initiative, referendum, and recall. Through a series of initiatives, the community sought to impose regulations on the development process, culminating in the 1986 Proposition M, which actually limited the amount of high-rise office space developers could build, completely imposing the popular will over a supine set of local officials and politicians. Indeed, ten years earlier, again through the initiative processes, the very nature of the Board of Supervisors was changed from a developer-friendly at-large system to a district-election system. Hotly opposed by real estate and development interests, district elections in its brief three years of existence (repealed in the wake of the Moscone-Milk assassinations, even though they were both strong supporters of the system and their assassin opposed it…ironies abound in San Francisco politics) saw limits placed on condo conversions and the passage of rent control.

In each of these multi-year efforts, a citywide coalition was formed, including an ever-expanding set of communities and neighborhoods.  Common interests were defined that cut across race, class, and geography and issues of community (neighborhood) control and funding for essential services like Muni, affordable housing, childcare, and employment training were placed on the table – and developers had to address them if they wanted projects approved.

The point is that balanced growth came from community-based political forces, not elected officials.  Broad movements were built — in the end, encompassing elements of labor. These were victories won not by elected officials but by a popular movement.

In 2000, in the wake of  the dot-com bust, another balanced-growth measure, Prop. L, aimed at cutting then-Mayor Willie Brown’s power over development, was paired with the new district election system — and a broad coalition of forces including labor, community and neighborhood organizations won a major progressive victory.

Every candidate for supervisor who supported the balanced-growth measure won. Every candidate who opposed it and supported Brown lost. While Prop L narrowly lost, its policies and objectives were passed as ordinances by the new Board of Supervisors (banning live-work lofts, closing loopholes in the planning code, requiring neighborhood-based plans for the Mission, SOMA, and Potrero Hill).

But as is so often the case, the victory of 2000 led to the slow dissolution of the coalition that created it. Folks had won. Our supervisors could handle all these issues; we no longer had to. By the end of the term of the supervisors elected as the class of 2000, very little of that citywide coalition existed any more.

With the Great Recession of 2008, advances were rolled back.  Fees on local developers for affordable housing, childcare and transit were deferred in order to stimulate development.  A new era of “moderation” was announced by elected officials, led by Mayor Gavin Newsom. Desires to “attract and retain”  business saw new tax concessions in the name of “jobs” and a new willingness to use open space and public facilities for “private/public partnerships” was announced.

By 2012 any concept of balanced growth had been replaced with a new era of “cooperation” between city officials and developers.

Until recently, that is.

It should be clear to all that for the last four years, City Hall has been eager to approve any scheme presented by private developers — from the America’s Cup nonsense to highrise luxury condos on the waterfront. The siren song of the developers — more revenue if you approve our project — has been proven false again and again, as the revenue never really matches the real costs of these projects. The city’s essential services continue to shrink. Transit fees are too low to pay for the actual new costs of Muni. The affordable housing  fees are too little to actually meet the affordable housing needs of the new, poorly-paid workers employed in the retail and service industry that is always a part of these projects.

More and more of our parks and public open spaces are made available to private users, while few if any new public parks or open spaces are being created.  Indeed, the Department of Parks and Recreation often opposes new public parks — because it can’t maintain what it has.

So it is with fondness that these old eyes see the stirring of what appears to be the awakening political  giant of a new controlled-growth movement.

Here’s how it’s happening: The formation of a multi-neighborhood coalition to oppose fee increases at the Arboretum leads to a bigger coalition to oppose artificial turf  fields in western Golden Gate Park, which leads to an even-bigger coalition placing a policy statement against the privatization of Coit Tower on the ballot and winning.

These are important indications of a broad dissatisfaction with the endless private-public-partnership ( in which all the costs are public and all the profits are private) babble from Rec and Park.

The submission by a broad based coalition of more than 30,000 signatures to place the 8 Washington on the ballot — the first land-use referendum in decades — is an incredibly important achievement, and shows the popular sentiment against much of the City Hall happy talk about development on the waterfront.

But it was the unanimous ( yes, unanimous) vote by the Board of Supervisors last Tuesday to hold California Pacific Medical Center accountable for its constant shape shifting  on its massive project at Geary and Van Ness that shows, perhaps, the outline of the potential future of the balanced-growth movement in San Francisco.

Six supervisors stated their willingness to turn down the environmental impact report on the project unless Sutter/CPMC committed to a project that addressed not only the promise to keep St. Luke’s open for at least 20 years but also hired more San Franciscans, corrected the traffic nightmare predicted for Geary and Van Ness, provided more affordable housing for its own low-income new workforce, and committed  to cap the city’s health care costs as a result of CPMC’s market control the new project would create.

There is always the possibility that the two-week delay will go nowhere, but this kind of talk from this Board of Supervisors to a huge private developer simply has not occurred in the recent past.  No one from Room 200 showed up to twist supervisors’ arms in favor of Sutter.  Sutter was on its own and got rolled.

The coalition that fought Sutter to a standstill at the board, that defined the inadequacies of  the project listed by the supervisors, was a multi-neighborhood, multi-issues organization composed of community, neighborhoods, and labor. Middle class “Baja” Pacific Heights residents and low income seniors from Bernal Heights, non-profit affordable housing advocates and trade unionists, tenant organizers from the Tenderloin and Sierra Club members from the Haight-Ashbury; single moms from the Bayview and Filipino youth from the South of Market.

It was a San Francisco coalition, one that has been working together for nearly three years, blending issues, making concessions to one another and staying together.  A group like this with a set of demands such as these has not prevailed at City Hall for nearly a decade.  It still may not, indeed the chances are slim that its full demands will be achieved.

But this group moved the Board of Supervisors in a way not seen in years.  If the folks mobilized about our parks and the folks mobilized about our waterfront and the folks mobilized about CPMC get together, we have something very big happening. And it might be just in time to make a real difference.
It reminds me of an old saying: “ The people alone are the makers of world history.”

City College fights back

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news@sfbg.com

When your options are bad, terrible, and unthinkable, how do you choose which way to go? And should that decision be graded on a curve that takes into account the dire fiscal circumstances facing most public colleges in California these days?

City College of San Francisco (CCSF), which serves more than 90,000 students a year, last year did what some consider unthinkable: laying off administrators and leaving a reserve fund at dangerously low levels in order to save classes and stave off faculty layoffs. The current $187 million operating budget has a reserve of only $2.2 million, or just over 1 percent compared to the state-recommended 5 percent.

Such decisions may cost the college its accreditation and threaten its very existence, but they also represent legitimate differences over what role educational institutions should play in their communities.

In June, the college came under fire for administrative and financial mismanagement by the Accrediting Commission for Community and Junior Colleges, a private organization that evaluates K-12 schools and higher education institutions every six years.

Although the commission applauded the school for its commitment to students, it placed the school under its most severe sanction before accreditation is terminated: “show cause.”

It identified eight problem areas that the college has failed to address since 2006, which include measuring student learning outcomes, attaining financial solvency, and revising the college’s mission statement to reflect current fiscal realities.

“The team finds that the current, ongoing funding for San Francisco City College appears insufficient to fully fund the mission of the college as it is currently conceived,” the commission wrote in its June report. “The team advises the college to assure the mission of the college is obtainable based on accurate short-term and long-term funding assumptions.”

Essentially, the commission is recommending a refocusing of the school’s mission to prioritize college transfer classes. The report went on to say that too many people making decisions through a highly decentralized governance system slowed down or halted altogether the college’s ability to make cuts where it needed to — or where the state and commission thought cuts should be made.

These competing visions of how community colleges should continue to exist have driven a wedge between local college officials and state-level decision makers — a clash made clear through City College’s accreditation woes.

“It’s not that City College isn’t doing a good job, it’s that these are emerging trends we have,” former Student Trustee Jeffrey Fang said. “In the long run, it might actually improve City College. The bad part is that it came at a time when we are so strapped and mired neck deep in political games.”

Those games have starved funding for public education statewide, in the process redefining the role of community colleges.

“City College has a very ambitious mission. Part of that mission is that it’s a true community college,” CCSF spokesperson Larry Kamer said. “Now, decisions are being made de facto by the budget and we need to re-evaluate that mission.”

 

PUTTING THE “COMMUNITY” IN COLLEGE

Adult education used to be integrated into K-12 districts. But over the years, two-year “junior” colleges took over that responsibility, transforming them into today’s “community” colleges.

The newly minted community colleges began serving thousands of immigrants learning English, job seekers needing new skills, and elderly citizens looking to continue their education. But when California’s budget crisis hit a critical point, that all began to change.

Three years ago, the California Legislature said when the community colleges cut courses, they shouldn’t cut courses involving transfer, career technical education, and basic skills, State Community College Chancellor Jack Scott said in a phone interview.

Scott is responsible for overseeing all 112 community colleges in California, a quarter of all community colleges in the country. He’s on the cusp of retirement, and the end of his tenure has been marked with the changing mission of the colleges he oversees.

“I want it clearly understood that I personally want to see the community colleges offer all the classes it wants to,” he said. “But with scarcity, you have to prioritize. If you offer the same classes you did before, you’ll go bankrupt. Something has to give.”

The state agreed and asked community colleges to prioritize enrollment, with a focus on recent high school graduates who plan to transfer to a university in two years and anyone else seeking a degree or certificate.

If community colleges can’t afford to offer classes sought by their broader communities, and K-12 schools are ill-equipped to plug back into that task, does the notion of continuing adult education just fade away?

David Plank, executive director of policy analysis for California Education, a Stanford University-based research center, says it just may: “I don’t think that responsibility will be reimposed on K-12 districts because it was always seen as a sort of add-on supplementary responsibility.”

 

BUDGET WOES TRICKLE DOWN

California’s Master Plan for Higher Education — which mandates that community colleges provide classes for everyone — only worked as long as there was money to fund it. But Plank says that money has been steadily shrinking since 1978 when voters passed Proposition 13, which capped property tax increases and raised the voting threshold for the Legislature to increase other taxes.

As funding from Sacramento has been slashed by more than $500 million in the past year alone, California’s 112 community colleges have turned away more than 300,000 students trying to enter the system. If Governor Jerry Brown’s tax proposal wins in November, community college funding will stay at about the same level, but if it fails, the system will see further cuts of more than $340 million.

“The system now is breaking down,” Plank said. “We’ve finally reached a point where the state’s share is too small to hold things together. We see tuition going up at very rapid rates and a substantial deterioration both in access and affordability.”

In flush times, community colleges could serve everyone — rich and poor, those seeking new skills and others working toward a new degree. Now, the community college system faces two choices if it’s unable to find new sources of revenue: continue on the path of deep cuts, or change its priorities altogether.

City College Board member Steve Ngo cites new statistics that show enrollment in English as Second Language (ESL) classes are trending down, a sign that those classes should be cut first. “The community should lead. If the demand is down, you’re not serving your community,” he said.

Yet others say community colleges should strive to serve everyone who needs them.

“Some [classes] are really valued by our Pacific Islander population, but their enrollment may not be as high. Should those classes go away? I don’t think so. It’s something I feel like the whole college community needs to come to grips with” CCSF math instructor Hal Hunstman said.

City College ESL instructor Susan Lopez said her classes have been cut about 29 percent over a decade, which she considers drastic.

“Despite that large and somewhat intentional reduction, we still serve 20,000 annually throughout the city. By comparison with our very large ESL Department, the English Department serves only 7,000,” Lopez said. “How could we abandon those who are most educationally needy and often desperately poor in favor of those who are less needy?

“We need to step up adult education across the board,” she said. “The problem is all the pressure to do less and to fund less of this type of education.”

 

SMOTHERED ON ALL SIDES

The accreditation commission is an independent body, but it’s been pressured too.

“In the current climate of increased accountability, our regional accrediting associations find that tight spot to be more like a vice,” a commission newsletter said in 2006. “On one side are forces at the national level ready to throw out regional accreditation in favor of a federal approach; while at the local level, they are faced with institutions resistant to rapid change and increased scrutiny.”

In the past year, private entities ponied up thousands of dollars to help usher in a new numbers-based approach to education. In 2011, a 20-member body comprised of public and private representatives was charged with evaluating the community college system.

Called the California Community College Student Success Task Force, its creation was mandated by the state, but to many people it reeked of privatization.

Several private organizations funded the task force’s work, including the Lumina Foundation, an educational research and grant-making institution with ties to the American Legislative Exchange Council (ALEC), a controversial lobbying group for private interests that authored the Stand Your Ground gun law.

By fall 2011, students, faculty, and administrators across the state began to question the task force’s methods and recommendations, which initially included proposals to cut many non-credit and enrichment courses, restrict financial aid, prioritize transfer students, and cap the number of units one person could take.

Under the veil of increasing so-called “student success,” the task force was asking schools to prioritize limited funds and change their missions to once again become “junior” colleges — a fate that City College has refused to accept.

City College’s Board of Trustees passed a resolution in November 2011 opposing the task force, nearly unanimously, with Ngo the sole dissenting vote. Then-Chancellor Don Griffin warned that the task force’s agenda was a transparent attack on open access that would disproportionately affect poor people and people of color, imploring the board to reject its recommendations.

“They’re talking about taking over the vehicle of community colleges and turning it into something else,” Griffin said. “We have to take a hard stand because everybody around the state is watching City College of San Francisco.”

Students and faculty at City College joined the fight. They spoke out at Board of Governors meetings in Sacramento. They wrote letters, emails, and scathing editorials. The school’s student-run school newspaper, The Guardsman, led a statewide campaign opposing the task force.

Despite the public’s concerns, the California Community Colleges Board of Governors adopted the task force’s final report in January.

“As wonderful as open admissions is, if it’s a false promise to an objective, it fails,” Peter MacDougall, Board of Governors member and task force chair, said at the January meeting.

“Our objective is to have that promise realized, that’s what the recommendations are intended to achieve.”

Ultimately, the initiative succeeded, shifting priority enrollment to students who are freshly in the college system. The Task Force report is now Senate Bill 1456, sponsored by Sen. Alan Lowenthal and commonly known as the Student Success Act of 2012.

 

AHEAD OF THE PACK

As everyone waits with crossed fingers hoping for a favorable outcome at the ballot in November, City College officials are fighting keep the school open.

“Do we alter our mission slightly, or fundamentally? It’s not clear yet what we’re going to do,” Ngo said.

The trustees have until October to present the commission with a plan and then until March to prove they can achieve it. In the meantime, the commission requires that preparations be made for potential closure, which Interim Chancellor Pamila Fisher and other CCSF officials say won’t happen.

Only two other community colleges received a “show cause” order this year: College of the Redwoods and Cuesta College. Yet as of January, 25 percent of California’s community colleges are under sanctions, according to the accreditation commission documents.

Federal funding hinges on the certification and other educational institutions, such as the University of California and the California State University systems, only accept transfer credits from other accredited institutions.

Everyone seems to agree that City College is too big to fail — with more than 90,000 students, it’s the largest community college in the nation — but how it will look and operate in the future remains unknown.

City College already cut dozens of classes this year — including many with students already enrolled after the spring semester began. But City College isn’t alone in its plight.

Santa Monica Community College caused an uproar earlier this year when it proposed charging more for popular classes. As of July 1, classes cost $46 per unit but under Santa Monica’s proposal students would pay $180 per unit for courses in high demand.

When students protested this two-tiered payment system in April, police pepper-sprayed them, just five months after UC Davis students received the same brutal treatment for holding a non-violent Occupy-style action against their own tuition hikes.

“What we see is a move towards privatization, in the sense that we are now expecting students to pay a larger share of the cost,” Plank said. “Over certainly the last 40 years, California has been steadily disinvesting in post secondary education.” Whether tuition increases at the CSUs and UCs in the near future depends on whether voters approve Brown’s tax proposal this November. City College’s financial future hinges not only on the governor’s tax proposal, but a local parcel tax initiative as well. City College needs both to pass in November just to break even. “A lot of San Francisco’s workforce is educated at City College,” City College board member Chris Jackson said, adding that for poor and working class people, it’s the only affordable option. In addition, as veterans return from foreign conflicts, ex-offenders are released from prison and enrollment capped at the state universities, Jackson said, “We need local investment in City College.”

After an adorable election, free drinks at El Rio

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The mood was relaxed at El Rio tonight as the League of Young Voters held their post-elections party. There wasn’t much to today’s ballot- as the League put it in the intro to their Pissed Off Voter Guide, “Aw, what a cute little election!”

The League endorsed a yes vote on Propositions 28, 29 and B, and a no vote on Prop A, and it seems the results all went with these endorsements. 

Jeremy Pollock, a member of the steering committee of the League of Pissed Off Voters’ San Francisco chapter, said that he was especially pleased about Prop B’s passing. The measure will prioritize money for upkeep of Coit Tower and the surrounding Pioneer Park and limit private events in the iconic tower.

For Pollock, the fight over Prop B was like “David and Goliath,” especially when tens of thousands of dollars got poured into the anti-Prop B campaign at the last minute.

“It’s a statement against the privatization of Rec and Parks,” said Pollock.

Pollock was also pleased to see Wendy Aragon and Peter Laterbourn doing well in the DCCC assembly District 19 race.

But mostly, the attendants at the party were pleased to get a free drink for showing their “I voted” sticker. If you paid for a drink in San Francisco today, then you’re not a true lover of democracy.

 

40 percent reporting: Not a lot of change

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Witrh 40 percent of the precincts reporting, there’s been very little change in the results, which is surprising: Typically the absentees don’t reflect the election-day turnout. But Prop. A is still going down by huge margins, Prop. B is still winning (and at this point, that one’s probably in the bag, striking a blow against the privatization of public resources and offering a vote of no-confidence in the direction of the city’s Rec-Park department).

It appears likely that there will be an expensive November race for Assembly in D19, with the downtown-funded (but otherwise unknown) Democrat Michael Breyer who ran an almost-Republican campaign heading for a second-place finish against Assessor Phil Ting.

And there’s no change in the results for the DCCC.

I’m a little surprised (and disappointed) that Gabriel Haaland, a longtime incumbent, isn’t making the cut this time, and I’m surprised (and pleased) that newcomer Justin Morgan, a public-health physician, is still in the top 14 on the East Side. Zoe Dunning and Matt Dorsey, two very visible LGBT leaders (she on DADT, he on same-sex marriage) are running strong; Dorsey’s in the progressive camp, and Dunning, a former military officer, is more conservative. School Board member Hyrda Mendoza isn’t making the cut, either, which is odd for a citywide elected official.

At this point, it appears that theSF Democratic Party will be a more conservative organization than we’ve been used to over the past four years. At most, the progressives will have 14 or 15 votes out of 32 (24 elected and eight ex-officio). There are plenty of reasons for that, among them the retirement of some longtime progressive members (Aaron Peskin, Jane Morrison, Milton Marks); the redistricting that created a West Side district very few progressives could compete in — and the move by the more conservative elements of the party to run a slate that included Dufty and Cohen.

Things could still change; I could be wrong. But I don’t think I am.

The funny money against Prop. B

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Credit where it’s due: My competitor and sometimes journalistic adversary Joe Eskenazi has a nice little piece on the weird money behind the campaign against Prop. B, a policy statement about the privatization of Coit Tower. He points out that such varied groups as the California Dental Association and the San Manuel Band of Mission Indians have coughed up money to protect the right of San Francisco officials to close Coit Tower to the public and rent it out for fancy corporate parties.

And how exactly did that happen?

Well, Eskenazi manages to tie Willie Brown into it. (He also calls this “Nimby against the Swells,” which isn’t quite fair — I don’t think the supporters of Prop. B are trying to keep anything out of their back yards. If anything, they want more noisy tourists and fewer quiet, subdued rich-people events. And I don’t think the “swells” are against it as much as the mayor, his Rec-Park director and big businesses that generally back the privatization of public resources.)

But there’s another interesting twist: I’m not sure the folks who gave to the Golden State Leadership Fund Political Action Committee, which is running a No on B independent expenditure, had any clue where their money was going.

Sure, the Chamber of Commerce and BOMA know what’s up, and it’s pretty clear why they like the idea of raising money for the parks by holding exclusive private events instead of by raising taxes. But the Indians? And the dentists? By what possible stretch do they care about a San Francisco ballot measure that has nothing to do with Native American rights or oral health?

Eskenazi may be right — maybe Brown called the Indians and asked, and they threw the money his way to help his buddy the mayor (while keeping the mayor’s fingers out of this particular political pie). But the Golden State Leadership PAC, through which all this money flowed, has been around for years and gives money to candidates all over the state. (It’s definately something of a slush fund for local races — files in the Secretary of State’s office show that in 2008, money from Pacific Gas and Electric Co. flowed in and out of the PAC as it ran a campaign against the San Francisco public-power measure, Prop. H. PAC money went to David Chiu, Phil Ting and Ed Lee for mayor.) It’s based in West Hollywood and the treasurer is a guy named William Molina.

I called the San Manuel Band of Mission Indians and the California Dental Association and asked them why there were helping fund a campaign against Prop. B in San Francisco. The press person at the dental group apparently had no idea what I was talking about and asked for more details about the contribution. I gave her the date and the PAC and I haven’t heard back.

The Indians didn’t seem to clear on Prop. B, either. Kenneth Shoji, a spokesperson for the group, told me by email:

The San Manuel Band of Mission Indians made a contribution of $25,000 to the Golden State Leadership Fund PAC with the expectation of helping to support candidate(s) for public office in the 2012 elections.  We do not control where or how the PAC might extend its support beyond that.

In other words: This Coit tower thing is news to us.

UPDATE: I got essentially the same message from the dentists. Alicia Malaby at the CDA writes:

 When an organization such as CalDPAC contributes to an independent expenditure committee, that committee may spend money on races and issues that CalDPAC supports, but may also spend money on other campaigns. CalDPAC does not control how those committees spend money, and in this case, CalDPAC has no interest in and no position on Proposition B.

UPDATE TWO: Ron Cottingham at PORAC just called me and said his group has no position on or interest in Prop. B. The money that went to the PAC was earmarked to support Rob Bonta for Assembly in the East Bay. Presumably the PAC folks keep track of such things.

Maybe not. Maybe Willie or someone else made a call. It happens all the time.  I mean, somebody clearly was raising money for this PAC, which right now isn’t doing a hell of a lot besides No on B in San Francisco. (Oh, I called Brown, too. He hasn’t called back. He never does. I still always try.)

Either way, it’s a classic San Francisco political story — and it reflects how muddy and corrupt local politics can still be, even in an era of electronic disclosure and ethics laws. Why, if the dentists and Indians don’t like Prop. B, didn’t they (or any of the others in the PAC) create a No on B committee, disclose who was behind it and let the voters know a little more about the real money trail? Why funnel all this cash through a little-known Southern California PAC?

And for that matter, why is there a sudden influx of late money in this race? Has the mayor and the Chamber types suddenly discovered that Prop. B might pass — and might set a precedent against future privatization efforts?

June 5 is Election Day. Vote early and often.

 

 

 

 

 

Guardian endorsements for June 5 election

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>>OUR ONE-PAGE “CLEAN SLATE” PRINTOUT GUIDE IS HERE. 

As usual, California is irrelevant to the presidential primaries, except as a cash machine. The Republican Party has long since chosen its nominee; the Democratic outcome was never in doubt. So the state holds a June 5 primary that, on a national level, matters to nobody.

It’s no surprise that pundits expect turnout will be abysmally low. Except in the few Congressional districts where a high-profile primary is underway, there’s almost no news media coverage of the election.

But that doesn’t mean there aren’t some important races and issues (including the future of San Francisco’s Democratic Party) — and the lower the turnout, the more likely the outcome will lean conservative. The ballot isn’t long; it only takes a few minutes to vote. Don’t stay home June 5.

Our recommendations follow.

PRESIDENT

BARACK OBAMA

Sigh. Remember the hope? Remember the joy? Remember the dancing in the streets of the Mission as a happy city realized that the era of George Bush and The Gang was over? Remember the end of the war, and health-care reform, and fair economic policies?

Yeah, we remember, too. And we remember coming back to our senses when we realized that the first people at the table for the health-policy talks were the insurance industry lobbyists. And when more and more drones killed more and more civilian in Afghanistan, and the wars didn’t end and the country got deeper and deeper into debt.

Oh, and when Obama bailed out Wall Street — and refused to spend enough money to help the rest of us. And when his U.S. attorney decided to crack down on medical marijuana.

We could go on.

There’s no question: The first term of President Barack Obama has been a deep disappointment. And while we wish that his new pledge to tax the millionaires represented a change in outlook, the reality is that it’s most likely an election-year response to the popularity of the Occupy movement.

Last fall, when a few of the most progressive Democrats began talking about the need to challenge Obama in a primary, we had the same quick emotional reaction as many San Franciscans: Time to hold the guy accountable. Some prominent left types have vowed not to give money to the Obama campaign.

But let’s get back to reality. The last time a liberal group challenged an incumbent in a Democratic presidential primary, Senator Ted Kennedy wounded President Jimmy Carter enough to ensure the election of Ronald Reagan — and the begin of the horrible decline in the economy of the United States. We’re mad at Obama, too — but we’re realists enough to know that there is a difference between moderate and terrible, and that’s the choice we’re facing today.

The Republican Party is now entirely the party of the far right, so out of touch with reality that even Reagan would be shunned as too liberal. Mitt Romney, once the relatively centrist governor of Massachusetts, has been driven by Newt Gingrich and Rick Santorum so deeply into crazyland that he’s never coming back. We appreciate Ron Paul’s attacks on military spending and the war on drugs, but he also opposes Medicare and Social Security and says that people who don’t have private health insurance should be allowed to die for lack of medical care.

No, this one’s easy. Obama has no opposition in the Democratic Primary, but for all our concerns about his policies, we have to start supporting his re-election now.

U.S. SENATE

DIANNE FEINSTEIN

The Republicans in Washington didn’t even bother to field a serious candidate against the immensely well-funded Feinstein, who is seeking a fourth term. She’s a moderate Democrat, at best, was weak-to-terrible on the war, is hawkish on Pentagon spending (particularly Star Wars and the B-1 bomber), has supported more North Coast logging, and attempts to meddle in local politics with ridiculous ideas like promoting unknown Michael Breyer for District Five supervisor. She supported the Obama health-care bill but isn’t a fan of single-payer, referring to supporters of Medicare for all as “the far left.”

But she’s strong on choice and is embarrassing the GOP with her push for reauthorization of an expanded Violence Against Women Act. She’ll win handily against two token Republicans.

U.S. CONGRESS, DISTRICT 2

NORMAN SOLOMON

The Second District is a sprawling region stretching from the Oregon border to the Golden Gate Bridge, from the coast in as far as Trinity County. It’s home to the Marin suburbs, Sonoma and Mendocino wine country, the rough and rural Del Norte and the emerald triangle. There’s little doubt that a Democrat will represent the overwhelmingly liberal area that was for almost three decades the province of Lynn Woolsey, one of the most progressive members in Congress. The top two contenders are Norman Solomon, an author, columnist and media advocate, and Jared Huffman, a moderate member of the state Assembly from Marin.

Solomon’s not just a decent candidate — he represents a new approach to politics. He’s an antiwar crusader, journalist, and outsider who has never held elective office — but knows more about the (often corrupt) workings of Washington and the policy issues facing the nation than many Beltway experts. He’s talking about taxing Wall Street to create jobs on Main Street, about downsizing the Pentagon and promoting universal health care. He’s a worthy successor to Woolsey, and he deserves the support of every independent and progressive voter in the district.

U.S. CONGRESS, DISTRICT 12

NANCY PELOSI

Nancy Pelosi long ago stopped representing San Francisco (see: same-sex marriage) and began representing the national Democratic party and her colleagues in the House. She will never live down the privatization of the Presidio or her early support for the Iraq war, but she’s become a decent ally for Obama and if the Democrats retake the House, she’ll be setting the agenda for his second term. If the GOP stays in control, this may well be her last term.

Green Party member Barry Hermanson is challenging her, and in the old system, he’d be on the November ballot as the Green candidate. With open primaries (which are a bad idea for a lot of reasons) Hermanson needs support to finish second and keep Pelosi on her toes as we head into the fall.

U.S. CONGRESS, DISTRICT 12

BARBARA LEE

This Berkeley and Oakland district is among the most left-leaning in the country, and its representative, Barbara Lee, is well suited to the job. Unlike Pelosi, Lee speaks for the voters of her district; she was the lone voice against the Middle East wars in the early days, and remains a staunch critic of these costly, bloody, open-ended foreign military entanglements. We’re happy to endorse her for another term.

U.S. CONGRESS, DISTRICT 13

JACKIE SPEIER

Speier’s more of a Peninsula moderate than a San Francisco progressive, but she’s been strong on consumer privacy and veterans issues and has taken the lead on tightening federal rules on gas pipelines after Pacific Gas and Electric Company killed eight of her constituents. She has no credible opposition.

STATE SENATE, DISTRICT 11

MARK LENO

Mark Leno started his political career as a moderate member of the Board of Supervisors from 1998 to 2002. His high-profile legislative races — against Harry Britt for the Assembly in 2002 and against Carole Migden for the Senate in 2008 — were some of the most bitterly contested in recent history. And we often disagree with his election time endorsements, which tend toward more downtown-friendly candidates.

But Leno has won us over, time and again, with his bold progressive leadership in Sacramento and with his trailblazing approach to public policy. He is an inspiring leader who has consistently made us proud during his time in the Legislature. Leno was an early leader on the same-sex marriage issue, twice getting the Legislature to legalize same-sex unions (vetoed both times by former Gov. Arnold Schwarzenegger). He has consistently supported a single-payer health care system and laid important groundwork that could eventually break the grip that insurance companies have on our health care system. And he has been a staunch defender of the medical marijuana patients and has repeatedly pushed to overturn the ban on industrial hemp production, work that could lead to an important new industry and further relaxation of this country wasteful war on drugs. We’re happy to endorse him for another term.

STATE ASSEMBLY, DISTRICT 17

TOM AMMIANO

Ammiano is a legendary San Francisco politician with solid progressive values, unmatched courage and integrity, and a history of diligently and diplomatically working through tough issues to create ground-breaking legislation. We not only offer him our most enthusiastic endorsement — we wish that we could clone him and run him for a variety of public offices. Since his early days as an ally of Harvey Milk on gay rights issues to his creation of San Francisco’s universal health care system as a supervisor to his latest efforts to defend the rights of medical marijuana users, prison inmates, and undocumented immigrants, Ammiano has been a tireless advocate for those who lack political and economic power. As chair of Assembly Public Safety Committee, Ammiano has blocked many of the most reactionary tough-on-crime measures that have pushed our prison system to the breaking point, creating a more enlightened approach to criminal justice issues. We’re happy to have Ammiano expressing San Francisco’s values in the Capitol.

STATE ASSEMBLY, DISTRICT 19

PHIL TING

Once it became abundantly clear that Assessor-Recorder Phil Ting wasn’t going to get elected mayor, he started to set his eyes on the state Assembly. It’s an unusual choice in some ways — Ting makes a nice salary in a job that he’s doing well and that’s essentially his for life. Why would he want to make half as much money up in Sacramento in a job that he’ll be forced by term limits to leave after six years?

Ting’s answer: he’s ready for something new. We fear that a vacancy in his office would allow Mayor Ed Lee to appoint someone with less interest in tax equity (prior to Ting, the city suffered mightily under a string of political appointees in the Assessor’s Office), but we’re pleased to endorse him for the District 19 slot.

Ting has gone beyond the traditional bureaucratic, make-no-waves approach of some of his predecessors. He’s aggressively sought to collect property taxes from big institutions that are trying to escape paying (the Catholic Church, for example) and has taken a lead role in fighting foreclosures. He commissioned, on his own initiative, a report showing that a large percentage of the foreclosures in San Francisco involved some degree of fraud or improper paperwork, and while the district attorney is so far sitting on his hands, other city officials are moving to address the issue.

His big issue is tax reform, and he’s been one the very few assessors in the state to talk openly about the need to replace Prop. 13 with a split-role system that prevents the owners of commercial property from paying an ever-declining share of the tax burden. He wants to change the way the Legislature interprets Prop. 13 to close some of the egregious loopholes. It’s one of the most important issues facing the state, and Ting will arrive in Sacramento already an expert.

Ting’s only (mildly) serious opponent is Michael Breyer, son of Supreme Court Justice Breyer and a newcomer to local politics. Breyer’s only visible support is from the Building Owners and Managers Association, which dislikes Ting’s position on Prop. 13. Vote for Ting.

DEMOCRATIC COUNTY CENTRAL COMMITTEE

You can say a lot of things about Aaron Peskin, the former supervisor and retiring chair of the city’s Democratic Party, but the guy was an organizer. Four years ago, he put together a slate of candidates that wrenched control of the local party from the folks who call themselves “moderates” but who, on critical economic issues, are really better defined as conservative. Since then, the County Central Committee, which sets policy for the local party, has given its powerful endorsement mostly to progressive candidates and has taken progressive stands on almost all the ballot issues.

But the conservatives are fighting back — and with Peskin not seeking another term and a strong slate put together by the mayor’s allies seeking revenge, it’s entirely possible that the left will lose the party this year.

But there’s hope — in part because, as his parting gift, Peskin helped change state law to make the committee better reflect the Democratic voting population of the city. This year, 14 candidates will be elected from the East side of town, and 10 from the West.

We’ve chosen to endorse a full slate in each Assembly district. Although there are some candidates on the slate who aren’t as reliable as we might like, 24 will be elected, and we’re picking the 24 best.

DISTRICT 17 (EAST SIDE)

John Avalos

David Campos

David Chiu

Petra DeJesus

Matt Dorsey

Chris Gembinsky

Gabriel Robert Haaland

Leslie Katz

Rafael Mandelman

Carole Migden

Justin Morgan

Leah Pimentel

Alix Rosenthal

Jamie Rafaela Wolfe

 

DISTRICT 19 (WEST SIDE)

Mike Alonso

Wendy Aragon

Kevin Bard

Chuck Chan

Kelly Dwyer

Peter Lauterborn

Hene Kelly

Eric Mar

Trevor McNeil

Arlo Hale Smith

State ballot measures

PROPOSITION 28

YES

LEGISLATIVE TERM LIMITS

Let us begin with a stipulation: We have always opposed legislative term limits, at every level of government. Term limits shift power to the executive branch, and, more insidiously, the lobbyists, who know the issues and the processes better than inexperienced legislators. The current system of term limits is a joke — a member of the state Assembly can serve only six years, which is barely enough time to learn the job, much less to handle the immense complexity of the state budget. Short-termers are more likely to seek quick fixes than structural reform. It’s one reason the state Legislatures is such a mess.

Prop. 28 won’t solve the problem entirely, but it’s a reasonable step. The measure would allow a legislator to serve a total of 12 years in office — in either the Assembly, the Senate, or a combination. So an Assembly member could serve six terms, a state Senator three terms. No more serving a stint in one house and then jumping to the other, since the term limits are cumulative, which is imperfect: A lot of members of the Assembly have gone on to notable Senate careers, and that shouldn’t be cut off.

Still, 12 years in the Assembly is enough time to become a professional at the job — and that’s a good thing. We don’t seek part-time brain surgeons and inexperienced airline pilots. Running California is complicated, and there’s nothing wrong with having people around who aren’t constantly learning on the job. Besides, these legislators still have to face elections; the voters can impose their own term limits, at any time.

Most of the good-government groups are supporting Prop. 28. Vote yes.

PROPOSITION 29

YES

CIGARETTE TAX FOR CANCER RESEARCH

Seriously: Can you walk into the ballot box and oppose higher taxes on cigarettes to fund cancer research? Of course not. All of the leading medical groups, cancer-research groups, cancer-treatment groups and smoking-cessation groups in the state support Prop. 29, which was written by the American Cancer Society and the American Heart Association.

We support it, too.

Yes, it’s a regressive tax — most smokers are in the lower-income brackets. Yes, it’s going to create a huge state fund making grants for research, and it will be hard to administer without some issues. But the barrage of ads opposing this are entirely funded by tobacco companies, which are worried about losing customers, particularly kids. A buck a pack may not dissuade adults who really want to smoke, but it’s enough to price a few more teens out of the market — and that’s only good news.

Don’t believe the big-tobacco hype. Vote yes on 29.

San Francisco ballot measures

PROPOSITION A

YES

GARBAGE CONTRACT

A tough one: Recology’s monopoly control over all aspects of San Francisco’s waste disposal system should have been put out to competitive bid a long time ago. That’s the only way for the city to ensure customers are getting the best possible rates and that the company is paying a fair franchise fee to the city. But the solution before us, Proposition A, is badly flawed public policy.

The measure would amend the 1932 ordinance that gave Recology’s predecessor companies — which were bought up and consolidated into a single behemoth corporation — indefinite control over the city’s $220 million waste stream. Residential rates are set by a Rate Board controlled mostly by the mayor, commercial rates are unregulated, and the company doesn’t even have a contract with the city.

Last year, when Recology won the city’s landfill contract — which was put out to bid as the current contract with Waste Management Inc. and its Altamont landfill was expiring — Recology completed its local monopoly. At the time, Budget Analyst Harvey Rose, Sup. David Campos, and other officials and activists called for updating the ordinance and putting the various contracts out to competitive bid.

That effort was stalled and nearly scuttled, at least in part because of the teams of lobbyists Recology hired to put pressure on City Hall, leading activists Tony Kelley and retired Judge Quentin Kopp to write this measure. They deserve credit for taking on the issue when nobody else would and for forcing everyone in the city to wake up and take notice of a scandalous 70-year-old deal.

We freely admit that the measure has some significant flaws that could hurt the city’s trash collection and recycling efforts. It would split waste collection up into five contracts, an inefficient approach that could put more garbage trucks on the roads. No single company could control all five contracts. Each of those contracts would be for just five years, which makes the complicated bidding process far too frequent, costing city resources and hindering the companies’ ability to make long-term infrastructure investments.

It would require Recology to sell its transfer station, potentially moving the waste-sorting facility to Port property along the Bay. Putting the transfer station in public hands makes sense; moving it to the waterfront might not.

On the scale of corrupt monopolies, Recology isn’t Pacific Gas and Electric Co. It’s a worker-owned company and has been willing to work in partnership with the city to create one of the best recycling and waste diversion programs in the country. For better or worse, Recology controls a well-developed waste management infrastructure that this city relies on, functioning almost like a city department.

Still, it’s unacceptable to have a single outfit, however laudatory, control such a massive part of the city’s infrastructure without a competitive bid, a franchise fee, or so much as a contract. In theory, the company could simply stop collecting trash in some parts of the city, and San Francisco could do nothing about it.

As a matter of public policy, Prop. A could have been better written and certainly could, and should, have been discussed with a much-wider group, including labor. As a matter of real politics, it’s a messy proposal that at least raises the critical question: Should Recology have a no-bid, no contract monopoly? The answer to that is no.

Prop. A will almost certainly go down to defeat; Kopp and Kelly are all alone, have no real campaign or committee and just about everyone else in town opposes it. Our endorsement is a matter of principle, a signal that this longtime garbage deal has to end. If Recology will work with the city to come up with a contract and a bid process, then Prop. A will have done its job. If not, something better will be on the ballot in the future.

For now, vote yes on A.

PROPOSITION B

YES

COIT TOWER POLICY

In theory, city department heads ought to be given fair leeway to allocate resources and run their operations. In practice, San Francisco’s Department of Recreation and Parks has been on a privatization spree, looking for ways to sell or rent public open space and facilities as a way to balance an admittedly tight budget. Prop. B seeks to slow that down a bit, by establishing as city policy the premise that Coit Tower shouldn’t be used as a cash cow to host private parties.

The tower is one of the city’s most important landmarks and a link to its radical history — murals painted during the Depression, under the Works Progress Administration, depict local labor struggles. They’re in a bit of disrepair –but that hasn’t stopped Rec-Park from trying to bring in money by renting out the place for high-end events. In fact, the tower has been closed down to the public in the past year to allow wealthy patrons to host private parties. And the city has more of that in mind.

If the mayor and his department heads were acting in good faith to preserve the city’s public spaces — by raising taxes on big business and wealthy individuals to pay for the commons, instead of raising fees on the rest of us to use what our tax dollars have already paid for — this sort of ballot measure wouldn’t be necessary.

As it is, Prop. B is a policy statement, not an ordinance or Charter amendment. It’s written fairly broadly and won’t prevent the occasional private party at Coit Tower or prevent Rec-Park from managing its budget. Vote yes.

 

The private bus problem

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If you’re used to riding to work on a crowded, lurching Muni bus that arrives late and costs too much, consider this: Some San Franciscans commute on 50-foot luxury coaches with cushioned seats, wifi, air conditioning and mini television screens. The state-of-the-art vehicles arrive on time — and the service is free.

The buses aren’t regulated by the city and pay nothing for the use of public streets. But these giant private beasts freely and without penalty stop in the Muni zones, clogging traffic, and sometimes preventing the city’s buses from loading and discharging passengers. They barely fit through narrow corridors in neighborhoods like Noe Valley and Glen Park.

City officials agree the fleets of private commuter buses have created a problem — but so far, they’ve done nothing about it.

And most people don’t realize that some of these luxury bus lines are, in effect, open to the public.

The buses primarily serve the city’s growing status as a Silicon Valley bedroom community, carrying commuters to and from the corporate campuses of places like Genentech and Google.

Private shuttle buses have been booming in San Francisco. Genentech has more than 6,000 employees registered in commute programs on 56 routes. Google’s Gbus service transports more than 3,500 daily riders on more than 25 routes, with about 300 scheduled departures. Then there’s Zynga, Gap, California College of Arts, Apple, Google, Yahoo!, and Academy of Art. And the University of California, San Francisco has its own fleet of 50 shuttles.

The good news is that the buses take cars off the road, giving tech workers a much less environmentally damaging way to get to work. Google’s transportation manager, Kevin Mathy, noted in the GoogleBlog that “The Google shuttles have the cleanest diesel engines ever built and run on 5 percent bio-diesel, so they’re partly powered by renewable resources that help reduce our carbon footprint.” He continued, “In fact, we’re the first and largest company with a corporate transportation fleet using engines that meet the Environmental Protection Agency’s 2010 emission standards.”

But nobody at City Hall has any idea how many total buses are running on the San Francisco streets.

Jesse Koehler, a planner at the city’s transportation authority, conducted a study on shuttles that identified a number of problems, most linked to a lack of local regulation.

Requested by then-Supervisor Bevan Dufty, the study, completed in 2011, found that, while shuttles play a valuable role in the overall San Francisco transportation system, there’s little policy guidance or management. In fact, there’s no local oversight, the study found: Shuttle operators are licensed by the state, but the California Public Utilities Commission is mostly concerned with the safety of the equipment and the licensing of the drivers. Local concerns aren’t under the agency’s purview.

And there are plenty of reasons for local concern. Under city law, only Muni buses are allowed to pull over and use the designated bus stops — but Koehler reported, “Shuttles are generally also using these Muni bus spots. Some cases prevent Muni buses from entering the Muni bus zone and having the passengers board late.”

The study notes that “the large majority (approximately 90 percent) of shuttle stops occur at Muni bus zones.” The shuttles take much longer to load and unload than Muni buses (because of their size and the lack of a rear door) and often force the public buses to wait, delaying routes, or to pick up and discharge passengers outside of the bus zone, creating a safety problem.

Shuttle carnage

Local residents surveyed had their own complaints. The study quotes critics saying that “the shuttles can be noisy, especially at night when there isn’t much other traffic or when they are the kind with diesel engines” and “large coach shuttles are noisy on small neighborhood streets.”

Muni routes are designed with the city’s neighborhoods in mind; you don’t see the extra-long articulated coaches that ply Mission Street and Geary Boulevard cramming themselves into the much-tighter and more residential streets of Potrero Hill, Noe Valley, Glen Park and the Castro. That’s not a concern for the giant corporate shuttles; they go where they want.

That can cause problems for pedestrians, bicyclists and drivers who aren’t used to seeing these long, tall buses, which at times take up both lanes, squeezing through turns with barely an inch to spare.

And while Muni drivers are far from perfect, the shuttle safety records are even more of a concern. In November of 2010, a UCSF shuttle bus struck and killed 65-year-old Nu Ha Dam as she was crossing Geary Street at Leavenworth Street. Not even a year later, another UCSF shuttle was involved in a collision, killing Dr. Kevin Allen Mack and injuring four other passengers. A witness confirmed that the shuttle ran a red light.

On February 14, a pedestrian crossing Eddy Street at Leavenworth in the Tenderloin was run over by a paratransit van. The victim was pinned under the shuttle for 20 minutes until he was finally rescued. The victim lived, but suffered several broken bones.

Carli Paine, transportation demand management project manager of the SFMTA, told us that shuttles are a growing component of the San Francisco transportation network and overall, support San Francisco’s greenhouse gas emission goals.

But, she noted, “Because they are relatively new, and a growing one at that, there is really a need to work together between the city and shuttle providers to make sure that our policy framework is supporting shuttles and also working to avoid conflict with shuttles and transit, pedestrians, and bikes.”

Paine noted: “What we’ve heard is that there are places where shuttles do have conflict with other uses and then there are places that work really well, so one of the things we want to find out in those areas where spaces are being shared successfully, is what’s happening.”

Elizabeth Fernandez, press officer at UCSF, said the city doesn’t have any specific rules regarding transit systems like UCSF’s. “With the proliferation of corporate services throughout the city, there are several studies that are ongoing,” she said. “These studies are an attempt to manage the growth of these kinds of shuttle services in regards to volume as well as routing, staging, and parking.”

Tony Kelly, a Potrero Hill community activist, said the root of the problem is the consistent cut in Muni service over the past 20 years. “Potrero Hill is going to double population in the next 15 years,” he said. “People and new housing units are doubling.

“When all the shuttles are in our bus stops, everyone is wondering why we can’t ride these things,” he said. “Why can’t they take it when there is so much unused capacity?”

Hitching a ride

Actually, I rode several UCSF shuttles around the city, and nobody ever asked for identification.

I was picked up at the Muni stop on Sutter St. at the UCSF Mt. Zion Campus (yes, the shuttle pulled — illegally — into the Muni stop to pick up passengers). Fernandez told me the school’s official policy states that “Riding UCSF shuttles is restricted for use by Campus faculty, staff, students, patients and patient family members, and formal guests.” But when I boarded, the driver made no attempt to verify if I was associated with UCSF. I did a full trip, passing through the UCSF Laurel Heights Campus, and then back to Mt Zion. There were no more than seven people on the shuttle, and about 20 seats available for riders. There are also handrails for standing if the bus ever gets too crowded.

I also hopped a Genebus at Glen Park BART and rode to company headquarters in South San Francisco. Again, nobody asked for ID; in fact, Genentech spokesperson Nadine O’Campo said the company is happy to let others who work in the area hitch a ride on the cush coaches.

For information on the Genenbus routes and schedules for the Millbrae bus line, go to www.caltrain.com and look under “schedules.” UCSF also provides shuttle schedules and route maps at www.campuslifeservices.ucsf.edu under transportation. For general information on shuttle providers that provide service from and to BART, visit www.transit.511.org and go to Transit Provider Info.

Riding on these shuttles is an entirely different experience than riding on the Muni. People are friendlier, the buses are clean, the seats were nicer, and the transportation is a lot faster.
A UCSF student on the shuttle, commutes using the BART from South San Francisco to 16th and Mission to take a shuttle to UCSF. She said it’s far better (and cheaper) than driving — and while Muni costs $2, the shuttles are free.

The downside of that, of course, is that some of the shuttles are bleeding off Muni patrons, and riders of other public systems, in effect stealing customers, and thus robbing the transit system of fares. They’re also another example of the privatization of what were once public services. Instead of working with the city and the region to improve transit for everyone, these tech firms have decided to create a private system of their own..

And that may be the most disturbing trend of all.

Film Listings

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Film listings are edited by Cheryl Eddy. Reviewers are Kimberly Chun, Max Goldberg, Dennis Harvey, Lynn Rapoport, and Matt Sussman. For rep house showtimes, see Rep Clock. Due to the Presidents’ Day holiday, theater information was incomplete at presstime.

INDIEFEST

The 14th San Francisco Independent Film Festival runs through Thurs/23 at the Roxie Theater, 3117 16th St, SF. For tickets (most films $11) and schedule info, visit www.sfindie.com.

OPENING

Act of Valor Action movie starring real-life, active-duty Navy SEALs. (1:45)

*Bullhead Michael R. Roskam’s Belgian import scored an unexpected Best Foreign Language Film Oscar nomination this year. Unexpected, because it’s daring, disturbing, and a lot of other things that Foreign Language Film nominees usually are not (heartwarming, yes — gasp-inducing, no). The five-second description of this film, which is about a cattle farmer who injects both his livestock and his own body with illegal hormones, doesn’t do it justice. Who knew there was such a thing, for instance, as a “hormone mafia underworld”? While some of Bullhead‘s nuances, which occasionally pivot on culture-clash moments specific to its Belgium setting, will inevitably be lost on American viewers, the most important parts of the movie come through loud and clear, and you won’t soon forget them. (2:04) (Eddy)

*Dizzy Heights: Silent Cinema and Life in the Air The film medium’s first, sound free decades coincided with a sense of hurtling modernization throughout first-world society like nothing before or since — centuries of history had scarcely prepared for the sudden reality of such concepts as “world war” or “skyscraper.” Aviation in particular was such a fascinating wonder its potential seemed limitless, though commercial air travel was as yet many years and dollars from the average citizen’s reach. Curated by Patrick Ellis, this Pacific Film Archive series brings together some of the era’s most fanciful depictions of progress and peril in the skies. It includes 1918’s goofy, ambitious Danish A Trip to Mars, whose intrepid (if in-fighting) Earthlings land to promptly horrify the Red Planet of Peace’s entire vegetarian populace by shooting fowl and throwing a grenade. The influence of Isadora Duncan weighs heavily on the ensuing lessons learned, as wreath-bearing, toga clad peaceniks (“Come with me and look at the dance of chastity”) exhort our heroes to return home and preach pacifism — a very timely message, then. The 1929 British “disaster flick” High Treason more realistically depicts a very Jazz Age near future pushed away from the Charleston towards more catastrophic military conflict by unscrupulous war profiteers. Julien Duvivier, a director at the beginning of a long, sometimes pedestrian career in the French cinematic mainstream, was young and feckless when he made 1927’s Mystery of the Eiffel Tower, a long, antic conspiracy thriller that directly inspired the Tintin comics. This long weekend of rarities also includes a program of shorts encompassing animation from Disney and McKay, trick photography and Mack Sennett slapstick. Pacific Film Archive. (Harvey)

Gone A woman (Amanda Seyfried) who escaped a serial killer fears he has retaliated by kidnapping her sister. (1:34)

*In Darkness See “The War at Home.” (2:25)

*Khodorkovsky Russia today is a so-called “managed democracy.” Flawed a system as democracy is, though, it’s something you either live in or don’t — put a qualifier on the term, and it becomes something else. This particular something else is a nation where a popular, populist leader like Vladimir Putin can maintain an economically successful (at least for many) status quo and his own power by squelching any political opposition via decidedly un-democratic means. One of the most conspicuous such cases in recent years has been the imprisonment of Mikhail Khodorkovsky, former owner of oil company Yukos and the most fabulously wealthy “oligarch” to emerge from Russia’s post-Soviet move toward capitalist privatization. Though initially considered as corrupt as any in that privileged class, he realized after a fashion that transparency actually encouraged investment, becoming a noted respecter of oft-abused minority shareholder rights and a sort of poster child for ethical business practice. This transition coincided with increased friction between him and Putin, who had given Khodorkovsky and others like him relatively free rein so long as they “stayed out of politics.” On the day before the latter was arrested in 2003 — returning against all advice from an overseas trip where he’d been expected to become another wealthy “political emigrant” — he continued to align himself with the reformist anti-Putin opposition by telling a TV host “As long as our country isn’t fully a civil society, no one is safe from the people with handcuffs.” Conviction on questionable charges, Stalinesque detention in remote Siberia, and still-ongoing excuses for sentence elongation have ensued. The subject of Cyril Tuschi’s documentary (finally interviewed directly at the end) is certainly not innocent of arrogance, incaution, and possibly more prosecutable crimes; but he has also clearly chosen the hardest path against an intractable, grudge-keeping foe on moral principal. How many billionaires would even consider losing their freedom, comfort, and wealth for such an abstract? Khodorkovsky the movie has its character flaws, too — but you can forgive a filmmaker some of those when he’s working on a subject, and from a perspective, that has gotten more than a couple fellow journalists “mysteriously” poisoned to death. (1:51) (Harvey)

*Roadie Michael Cuesta’s first film as both director and writer (again co-authoring with brother Gerald) since 2001’s startling debut feature L.I.E. is also his best work since then. After nearly a quarter-century spent schlepping equipment for Blue Oyster Cult — the arty metal band (“Don’t Fear the Reaper,” i.e. “more cowbell!”) that was already sliding from the spotlight when he signed on — Jimmy Testergross (Ron Eldard) is fired, the reasons unknown to us. With nowhere else to go, he lands on the doorstep of his childhood home in Queens, where he hasn’t been seen in at least 20 years. Mom (Lois Smith) is going senile, though somehow her disapproval comes through with perfect clarity (and hasn’t changed in all that time). Seeking a liquid solace at a bar, our hero instead runs into Randy (Bobby Cannavale), who bullied him mercilessly way back when — and is now married to “Jimmy Testicle’s” still-hot former girlfriend Nikki (Jill Hennessey), who has rock-star aspirations of her own. Taking place over less than 24 hours’ span, Roadie is a very small character study, but a well-observed one. “Developmentally stunted by rock ‘n’ roll,” as one character puts it (when it emerges 40-something Jimmy has never learned to make coffee for himself), its protagonist is the kind of likable boy-man loser usually found in Fountains of Wayne songs, an aging lifelong air guitarist pining over good old days that probably weren’t even that good. His nostalgia is as touchingly hapless as his dubious future. (1:35) SF Film Society Cinema. (Harvey)

*Straight Outta Hunters Point 2 See “Back to the Point.” (1:20) Roxie.

Tyler Perry’s Good Deeds Director Tyler Perry puts aside the Madea drag to star as a man torn between Gabrielle Union and Thandie Newton. (1:51)

Wanderlust Paul Rudd and Jennifer Aniston star in this David Wain-directed, Judd Apatow-produced comedy about a New York City couple who move to a commune. (1:38)

ONGOING

*The Artist With the charisma-oozing agility of Douglas Fairbanks swashbuckling his way past opponents and the supreme confidence of Rudolph Valentino leaning, mid-swoon, into a maiden, French director-writer Michel Hazanavicius hits a sweet spot, or beauty mark of sorts, with his radiant new film The Artist. In a feat worthy of Fairbanks or Errol Flynn, Hazanavicius juggles a marvelously layered love story between a man and a woman, tensions between the silents and the talkies, and a movie buff’s appreciation of the power of film — embodied in particular by early Hollywood’s union of European artistry and American commerce. Dashing silent film star George Valentin (Jean Dujardin, who channels Fairbanks, Flynn, and William Powell — and won this year’s Cannes best actor prize) is at the height of his career, adorable Jack Russell by his side, until the talkies threaten to relegate him to yesterday’s news. The talent nurtured in the thick of the studio system yearns for real power, telling the newspapers, “I’m not a puppet anymore — I’m an artist,” and finances and directs his own melodrama, while his youthful protégé Peppy Miller (Bérénice Béjo) becomes a yakky flapper age’s new It Girl. Both a crowd-pleasing entertainment and a loving précis on early film history, The Artist never checks its brains at the door, remaining self-aware of its own conceit and its forebears, yet unashamed to touch the audience, without an ounce of cynicism. (1:40) (Chun)

*Chico and Rita This Spain-U.K. production is at heart a very old-fashioned musical romance lent novelty by its packaging as a feature cartoon. Chico (voiced by Eman Xor Oña) is a struggling pianist-composer in pre-Castro Havana who’s instantly smitten by the sight and sound of Rita (Limara Meneses, with Idania Valdés providing vocals), a chanteuse similarly ripe for a big break. Their stormy relationship eventually sprawls, along with their careers, to Manhattan, Hollywood, Paris, Las Vegas, and Havana again, spanning decades as well as a few large bodies of water. This perpetually hot, cold, hot, cold love story isn’t very complicated or interesting — it’s pretty much “Boy meets girl, generic complications ensue” — nor is the film’s simple graphics style (reminiscent of 1970s Ralph Bakshi, minus the sleaze) all that arresting, despite the established visual expertise of Fernando Trueba’s two co directors Javier Mariscal and Tono Errando. When a dream sequence briefly pays specific homage to the modernist animation of the ’50s-early ’60s, Chico and Rita delights the eye as it should throughout. Still, it’s pleasant enough to the eye, and considerably more than that to the ear — there’s new music in a retro mode from Bebo Valdes, and plenty of the genuine period article from Monk, Mingus, Dizzy Gillespie, Chano Pozo and more. If you’ve ever jones’d for a jazzbo’s adult Hanna Barbera feature (complete with full-frontal cartoon nudity — female only, of course), your dream has come true. (1:34) Smith Rafael. (Harvey)

*The Descendants Like all of Alexander Payne’s films save 1996 debut Citizen Ruth, The Descendants is an adaptation, this time from Kaui Hart Hemmings’ excellent 2007 novel. Matt King (George Clooney) is a Honolulu lawyer burdened by various things, mostly a) being a haole (i.e. white) person nonetheless descended from Hawaiian royalty, rich in real estate most natives figure his kind stole from them; and b) being father to two children by a wife who’s been in a coma since a boating accident three weeks ago. Already having a hard time transitioning from workaholic to hands-on dad, Matt soon finds out this new role is permanent, like it or not — spouse Elizabeth (Patricia Hastie, just briefly seen animate) will not wake up. The Descendants covers the few days in which Matt has to share this news with Elizabeth’s loved ones, mostly notably Shailene Woodley and Amara Miller as disparately rebellious teen and 10-year-old daughters. Plus there’s the unpleasant discovery that the glam, sporty, demanding wife he’d increasingly seemed “not enough” for had indeed been looking elsewhere. When has George Clooney suggested insecurity enough to play a man afraid he’s too small in character for a larger-than-life spouse? But dressed here in oversized shorts and Hawaiian shirts, the usually suave performer looks shrunken and paunchy; his hooded eyes convey the stung joke’s-on-me viewpoint of someone who figures acknowledging depression would be an undeserved indulgence. Payne’s film can’t translate all the book’s rueful hilarity, fit in much marital backstory, or quite get across the evolving weirdness of Miller’s Scottie — though the young actors are all fine — but the film’s reined-in observations of odd yet relatable adult and family lives are all the more satisfying for lack of grandiose ambition. (1:55) (Harvey)

The Help It’s tough to stitch ‘n’ bitch ‘n’ moan in the face of such heart-felt female bonding, even after you brush away the tears away and wonder why the so-called help’s stories needed to be cobbled with those of the creamy-skinned daughters of privilege that employed them. The Help purports to be the tale of the 1960s African American maids hired by a bourgie segment of Southern womanhood — resourceful hard-workers like Aibileen (Viola Davis) and Minny (Octavia Spencer) raise their employers’ daughters, filling them with pride and strength if they do their job well, while missing out on their own kids’ childhood. Then those daughters turn around and hurt their caretakers, often treating them little better than the slaves their families once owned. Hinging on a self-hatred that devalues the nurturing, housekeeping skills that were considered women’s birthright, this unending ugly, heartbreaking story of the everyday injustices spells separate-and-unequal bathrooms for the family and their help when it comes to certain sniping queen bees like Hilly (Bryce Dallas Howard). But the times they are a-changing, and the help get an assist from ugly duckling of a writer Skeeter (Emma Stone, playing against type, sort of, with fizzy hair), who risks social ostracism to get the housekeepers’ experiences down on paper, amid the Junior League gossip girls and the seismic shifts coming in the civil rights-era South. Based on the best-seller by Kathryn Stockett, The Help hitches the fortunes of two forces together — the African American women who are trying to survive and find respect, and the white women who have to define themselves as more than dependent breeders — under the banner of a feel-good weepie, though not without its guilty shadings, from the way the pale-faced ladies already have a jump, in so many ways, on their African American sisters to the Keane-eyed meekness of Davis’ Aibileen to The Help‘s most memorable performances, which are also tellingly throwback (Howard’s stinging hornet of a Southern belle and Jessica Chastain’s white-trash bimbo-with-a-heart-of-gold). (2:17) (Chun)

Hugo Hugo turns on an obviously genius conceit: Martin Scorsese, working with 3D, CGI, and a host of other gimmicky effects, creates a children’s fable that ultimately concerns one of early film’s pioneering special-effects fantasists. That enthusiasm for moviemaking magic, transferred across more than a century of film history, was catching, judging from Scorsese’s fizzy, exhilarating, almost-nauseating vault through an oh-so-faux Parisian train station and his carefully layered vortex of picture planes as Hugo Cabret (Asa Butterfield), an intrepid engineering genius of an urchin, scrambles across catwalk above a buzzing station and a hotheaded station inspector (Sacha Baron Cohen). Despite the special effects fireworks going off all around him, Hugo has it rough: after the passing of his beloved father (Jude Law), he has been stuck with an nasty drunk of a caretaker uncle (Ray Winstone), who leaves his duties of clock upkeep at a Paris train station to his charge. Hugo must steal croissants to survive and mechanical toy parts to work on the elaborate, enigmatic automaton he was repairing with his father, until he’s caught by the fierce toy seller (Ben Kingsley) with a mysterious lousy mood and a cute, bright ward, Isabelle (Chloe Grace Moretz). Although the surprisingly dark-ish Hugo gives Scorsese a chance to dabble a new technological toolbox — and the chance to wax pedantically, if passionately, about the importance of film archival studies — the effort never quite despite transcends its self-conscious dazzle, lagging pacing, diffuse narrative, and simplistic screenplay by John Logan, based on Brian Selznick’s book. Even the actorly heavy lifting provided by assets like Kingsley and Moretz and the backloaded love for the fantastic proponents at the dawn of filmmaking fail to help matters. Scorsese attempts to steal a little of the latters’ zeal, but one can only imagine what those wizards would do with motion-capture animation or a blockbuster-sized server farm. (2:07) (Chun)

The Iron Lady Curiously like Clint Eastwood’s 2011 J. Edgar, this biopic from director Phyllida Lloyd and scenarist Abi Morgan takes on a political life of length, breadth and controversy — yet it mostly skims over the politics in favor of a generally admiring take on a famous narrow-minded megalomaniac’s “gumption” as an underdog who drove herself to the top. Looking back on her career from a senile old age spent in the illusory company of dead spouse Denis (Jim Broadbent), Meryl Streep’s ex-British Prime Minister Margaret Thatcher steamrolls past hurdles of class and gender while ironically re-enforcing the fustiest Tory values. She’s essentially a spluttering Lord in skirts, absolutist in her belief that money and power rule because they ought to, and any protesting rabble don’t represent the “real England.” That’s a mindset that might well have been explored more fruitfully via less flatly literal-minded portraiture, though Lloyd does make a few late, lame efforts at sub-Ken Russell hallucinatory style. Likely to satisfy no one — anywhere on the ideological scale — seriously interested in the motivations and consequences of a major political life, this skin-deep Lady will mostly appeal to those who just want to see another bravura impersonation added to La Streep’s gallery. Yes, it’s a technically impressive performance, but unlikely to be remembered as one of her more depthed ones, let alone among her better vehicles. (1:45) (Harvey)

Margaret Lisa Cohen (Anna Paquin) is an Upper West Side teen living with her successful actress mother (J. Smith-Cameron, wife to writer-director Kenneth Lonergan) — dad (Lonergan) lives in Santa Monica with his new spouse — and going through normal teenage stuff. Her propensity for drama, however, is kicked into high gear when she witnesses (and inadvertently causes) the traffic death of a stranger. Initially fibbing a bit to protect both herself and the bus driver (Mark Ruffalo) involved, she later has second thoughts, increasingly pursuing a path toward “justice” that variably affects others including the dead woman’s friend (Jeannie Berlin), mom’s new suitor (Jean Reno), teachers at Lisa’s private school Matt Damon and Matthew Broderick), etc. Lonergan is a fine playwright and uneven sometime scenarist who made a terrific screen directorial debut with 2000’s You Can Count On Me (which also featured Ruffalo, Broderick and Smith-Cameron). He appears to have intended Margaret as a pulse-taking of privileged Manhattanites’ comingled rage, panic, confusion, and guilt after 9-11. But if that’s the case, then this convoluted story provides a garbled metaphor at best. It might best be taken as a messy, intermittently potent study of how someone might become the kind of person who’ll spend the rest of their lives barging into other people’s affairs, creating a mess, assuming the moral high ground in a stubborn attempt to “fix” it, then making everything worse while denying any personal responsibility. Certainly that’s the person Lisa appears to be turning into, though it’s unclear whether Lonergan intends her to be seen that way. Indeed, despite some sharply written confrontations and good performances, it’s unclear what Lonergan intended here at all — and since he’s been famously fiddling with Margaret‘s (still-problematic) editing since late 2005, one might guess he never really figured that out himself. (2:30) SF Film Society Cinema. (Harvey)

My Week With Marilyn Statuette-clutching odds are high for Michelle Williams, as her impersonation of a famous dead celebrity is “well-rounded” in the sense that we get to see her drunk, disorderly, depressed, and so forth. Her Marilyn Monroe is a conscientious performance. But when the movie isn’t rolling in the expected pathos, it’s having other characters point out how instinctive and “magical” Monroe is onscreen — and Williams doesn’t have that in her. Who could? Williams is remarkable playing figures so ordinary you might look right through them on the street, in Wendy and Lucy (2008), Blue Valentine (2010), etc. But as Monroe, all she can do is play the little-lost girl behind the sizzle. Without the sizzle. Which is, admittedly, exactly what My Week — based on a dubious true story — asks of her. It is true that in 1956 the Hollywood icon traveled to England to co-star with director Sir Laurence Olivier (Kenneth Branagh) in a fluff romance, The Prince and the Showgirl; and that she drove him crazy with her tardiness, mood swings, and crises. It’s debatable whether she really got so chummy with young production gofer Colin Clark, our wistful guide down memory lane. He’s played with simpering wide-eyed adoration by Eddie Redmayne, and his suitably same-aged secondary romantic interest (Emma Watson) is even duller. This conceit could have made for a sly semi-factual comedy of egos, neurosis, and miscommunication. But in a rare big-screen foray, U.K. TV staples director Simon Curtis and scenarist Adrian Hodges play it all with formulaic earnestness — Marilyn is the wounded angel who turns a starstruck boy into a brokenhearted but wiser man as the inevitable atrocious score orders our eyes to mist over. (1:36) (Harvey)

The Vow A rear-ender on a snowy Chicago night tests the nuptial declarations of a recently and blissfully married couple, recording studio owner Leo (Channing Tatum) and accomplished sculptor Paige (Rachel McAdams). When the latter wakes up from a medically induced coma, she has no memory of her husband, their friends, their life together, or anything else from the important developmental stage in which she dropped out of law school, became estranged from her regressively WASP-y family, stopped frosting her hair and wearing sweater sets, and broke off her engagement to preppy power-douchebag Jeremy (Scott Speedman). Watching Paige malign her own wardrobe and “weird” hair and rediscover the healing powers of a high-end shopping spree is disturbing; she reenters her old life nearly seamlessly, and the warm spark of her attraction to Leo, which we witness in a series of gooey flashbacks, feels utterly extinguished. And, despite the slurry monotone of Tatum’s line delivery, one can empathize with a sense of loss that’s not mortal but feels like a kind of death — as when Paige gazes at Leo with an expression blending perplexity, anxiety, irritation, and noninvestment. But The Vow wants to pluck on our heartstrings and inspire a glowing, love-story-for-the-ages sort of mood, and the film struggles to make good on the latter promise. Its vague evocations of romantic destiny mostly spark a sense of inevitability, and Leo’s endeavors to walk his wife through retakes of scenes from their courtship are a little more creepy and a little less Notebook-y than you might imagine. (1:44) (Rapoport)

W.E. Madonna’s first directorial feature, 2008’s Filth and Wisdom, was so atrocious, and the early word on this second effort so vitriolic, that there’s a temptation to give W.E. too much credit simply for not being a disgrace. Co-written by Madge and Alek Keshishian, it’s about two women in gilded cages. One is Wallis Simpson (the impressive Andrea Riseborough), a married American socialite who scandalized the world by divorcing her husband and running about with Edward, Prince of Wales (James D’Arcy), who had to abdicate the English throne in order to marry her in 1936. The other is fictive Wally Winthrop (Abbie Cornish), a childless Manhattan socialite in the late 1990s who’s neglected by her probably-unfaithful husband (Richard Coyle). Over-eagerly intertwined despite their trite-at-best overlaps (the main one being Wally’s obsession with Wallis), these two strands hold attention for a while. But eventually they grow turgid. We’re presumably meant to be carried away by their True Love, but the film doesn’t succeed in making Wallis and Edward seem more than two petulant, shallow snobs who were fortunate to find each other, but didn’t necessarily make one another better or more interesting people. (It also alternately denies and glosses over the couple’s fascist-friendly politics, which became an embarrassment as England fought Germany in World War II.) Meanwhile, Wally is a mopey blank too easily belittled by her spouse, and too handily rescued by a Prince Charming, or rather “Russian intellectual slumming as a security guard” (Oscar Isaac) working at Sotheby’s during an auction of the late royal couple’s estate. As is so often the case with Madonna, she seems to be saying something here, but precisely what is murky and probably not worth sussing out. Likewise, the attention to showy surface aesthetics — in particular Arianne Phillips’ justifiably Oscar-nominated costumes — is fastidious, revealing, and to an extent satisfying in itself. Somewhat ambitious and in several ways quite well crafted, the handsomely appointed W.E. isn’t bad (surely it wouldn’t have attracted such hostility if directed by anyone else), but the flaws that finally suffocate it reach right down to its conceptual gist. There is, however, one lovely moment toward the end: Riseborough’s Wallis, a well-preserved septuagenarian, dancing an incongruous yet supremely self-assured twist on request for her bedridden husband. (1:59) (Harvey)

Coit Tower battle: How do we fund the parks?

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The emerging battle over whether San Francisco should allow private parties at Coit Tower is really part of a much larger political debate: How do we fund public parks? Is public space something that resources are put into, something that’s paid for by tax money and preserved and made available for everyone — or should part of the role of parks be to generate cash?

The Republicans in Congress, with the help of San Francisco’s own Rep. Nancy Pelosi, came down clearly on the side of self-funding around the Presidio, and it’s been a disaster.

I have friends who work at Rec-Park, and they tell me that at least the new revenue initiatives have prevented layoffs and kept some programs going. Which is true. But it’s the wrong question.

Parks are public commons. They’re not supposed to be private space (yeah, they rent out space for weddings in the park, but that’s a pretty minor deal). The city ought to be funding the parks. The city ought to be raising taxes enough to do it. Yeah, I know — you’re bored. I’m tired of saying it, too.

 

 

Presidio Trust gets sued — for good reason

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The Sierra Club and the Presidio Historical Association have filed suit in federal court charging that the Presidio Trust violated environmental laws when it approved a new luxury hotel for the Main Post area.

The suit reflects the essential problem of the semi-private trust: When you force a national park to make enough money to pay its own way, and you stock the governing board with people who think like real-estate developers, then you create the near inevitability of serious problems.

The complaint, filed by lawyers at the Stanford Environmental Law clinic, argues that the construction of a 95,000-square-foot hotel, consisting of 14 buildings, “will degrade the historic, cultural, and aesthetic values and character of the main post, in direct violation of the duty imposed on the Trust by the National Historic Preservation Act.”

The suit also challenges the adequacy of the environmental impact statement the Trust prepared on the proposal.

The whole idea of a luxury hotel in an urban national park is a bit odd — but then, so is the idea of an 850,000-square-foot commercial office building owned by George Lucas’s outfit and built with a $60 million tax break.

That’s what privatization inspires. That’s why the entire foundation of the Presidio Trust and the law that created it are so fundamentally flawed.

In the meantime, we have this fancy hotel, which ought to go the way of the Fisher museum. It’s so clearly inappropriate for the site (which, by the way, is one of the most important historic sites on the west coast) that it’s hard to imagine how it got this far. (No it’s not — the Presidio Trust is a real-estate development outfit, not a national parks outfit. I keep forgetting.)

So now maybe this lawsuit will stop it in its tracks. Maybe at some point Congress will realize that national parks aren’t supposed to pay for themselves (shall we sell naming rights to the Grand Canyon to Disney?) and repeal the Presidio Trust Act. In the meantime, thanks to the folks who are trying to keep the damage under control.

Exporting our brains

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By Gary Brechin

The chancellor was absent as University of California police, kitted out in battle gear, vigorously beat and arrested students and professors at on the Berkeley campus. Called to account by the academic senate two weeks later, Robert Birgeneau explained that he had been on a trip through Asia at the time. The trip, he said, concluded with a “phenomenally successful,” though unspecified, mission to Shanghai, so he did not hear how badly things went at home until the following day.

What Chancellor Birgeneau and the dean of Berkeley’s College of Engineering did on the trip was sign an agreement to open a 50,000-square-foot building in Shanghai’s Zhangjiang High-Tech Park two days after clubs fell on Cal students agitated by what they perceive as the progressive privatization and commercialization of their university. According to The New York Times, the new branch will give U.C. an Asian beachhead by opening “a large research and teaching facility as part of a broader plan to bolster its presence in China.” Other premier American universities such as Duke, NYU, and Stanford are, for a price, establishing similar “partnerships” that China “hope[s] will form the base of a modern high-tech economy.”

As U.S. funding dries up, college administrators hope that such collaborations will “support fundraising efforts that target wealthy Chinese alumni” — not to mention attracting their children, who are more able to pay ever-rising tuition than American students.

California’s business elite until recently oversaw the establishment and growth of a prestigious 12-campus system that was meant to do for the Golden State what the university now will do for China.

The promise of a virtually free and high quality education for Californians worked well to that end until 1978 when voters overwhelmingly passed Proposition 13 to cut their taxes.

Starved of funding, California’s public schools plummeted from the best to near worst — but many believed that the University of California’s crucial role in the state’s and the nation’s economy would immunize it from the rot consuming the rest of the Golden State’s educational apparatus. But as California piled up multi-billion dollar deficits, U.C inevitably joined the rest of the public sector on the dream factory’s cutting room floor.

As with any organism fighting for its life, available money has moved like blood from regions the university administration considers expendable to those regarded as vital profit centers — like business, biotechnology, sports, and online learning initiatives — as well as lavish executive pay packages.

Last year, for example, the university’s flagship campus at Berkeley quietly divested itself of its outstanding Water Resource Center Archives to save the cost of four clerical positions and thus free space for the expanding College of Engineering. At UC San Diego, three specialty libraries closed altogether while a fourth — the largest oceanographic library in the world — will close in 2012.

Advanced communications and information technology will be among the first areas of research undertaken by the College of Engineering’s new partnership with Chinese industries seeking to overtake California’s fabled Silicon Valley.

For centuries, city states and nations jealously guarded their home industries to the point of sending assassins to dispatch those trading secrets with rivals. Decades of neoliberalism have encouraged today’s elites to do the opposite. Availing themselves of the deregulation and lowered trade barriers for which they paid and the communications technology they developed, they exported their industries and jobs to wherever labor costs are lowest and environmental constraints absent. Derelict factories, ruined towns, failing infrastructure, and prisons now pock those countries still imagining themselves members of the First World.

The screams of students belabored for asking where their university is going and for whom raises the question whether intelligence will be our last export, or whether it was among our first.

Gray Brechin is a three-time U.C. Berkeley alumnus and visiting scholar in the UBC Department of Geography. He is the author of Imperial San Francisco: Urban Power, Earthly Ruin. A version of this piece ran first in the Anderson Valley Advertiser.

The Presidio: Lessons in privatization

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So the Presidio Trust, the only private agency ever to control a national park, is going to make some cuts to meet its goal of complete economic self-sufficiency. But in tall the talk about this, it’s easy to forget that the creation of the trust changed the mandate of the park — and for the first time in the nation’s history, established that a national park is all about making money:


In preparation for an end to federal funding, the trust purposely prioritized projects that would garner the greatest revenue, including residential units and the Letterman Digital Arts Center, said trust spokeswoman Dana Polk.


“We wanted to generate a revenue stream for the park right away,” she said.


Never before in the nation’s history has anything like this happened. Yosemite doesn’t have to generate enough revenue to cover its operating costs. The Grand Canyon doesn’t have to accept real-estate development to pay its park rangers. National parks are something we use tax dollars to support.


Or at least, we used to. Until Rep. Nancy Pelosi came up with the idea of making the Presidio into a money machine.


Along the way, that great pauper George Lucas wound up with a $60 million tax break.


And we wound up with commercial office development and high-end residential uses in a national park.


What an awful precedent.

Alerts

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alert@sfbg.com

WEDNESDAY 16

Confront the UC Regents

Editor’s Note: The UC canceled this meeting as we were going to press, citing public safety concerns, and protest organizers were figuring out how to respond. Check our Politics blog or www.makebankspaycalifornia.com for the latest.

The UC Board of Regents will be meeting at the UCSF Mission Bay Campus at 10 am, and students have been organizing for months to make their voices heard. The message: stop tuition hikes, budget cuts, and privatization of public schools; tax the 1 percent.

ReFund California and the Northern California Convergence will join up with OccupySF and Occupy encampments being set up on various college campuses this week to “Shut down the UC Regents meeting and take control of our education and our future.” ReFund California is also threatening to march on the Financial District to shut down banks if the Regents don’t support their five-point pledge of action (see “The growing 99 percent,” 11/9).

OccupySF will be marching from their encampment at Justin Herman Plaza (Market and Embarcadero) to the Mission Bay Campus starting at 7 am. UC Berkeley students can board a ReFund California bus at 7 am at Bancroft and Telegraph in Berkeley.

10 a.m., free

UCSF Mission Bay Campus

1675 Owens, SF

(650) 238-4821

www.occupyed.org

makebankspaycalifornia.com

occupyoureducation@gmail.com

rose.goldman@gmail.com

 

THURSDAY 17

Changing Congress

San Francisco Progressive Democrats of America hosts a discussion with Norman Solomon, a prolific progressive political writer who is running for Congress to replace retiring Rep. Lynn Woolsey (D-Marin), a member and former chair of the Congressional Progressive Caucus. The event opens the floor for questions and concerns regarding future legislation.

7-9 p.m., free

Harry R. Bridges Memorial Building, ILWU, 4th Floor

1188 Franklin, SF

sig4re@comcast.net

www.pdamerica.org


SATURDAY 19

Addiction & Society

Our capitalist society may be to blame for our addictive tendencies and obsessive consumerism. Dr. Gabor Mate, an author and physician who focuses on mental illness, explains how our market economy drives us crazy and leads us down a path toward dependency. Speak Out Now’s colloquium event will help listeners connect the dots between two of our country’s most prevalent concerns.

5-7 p.m., $2 suggested donation

South Berkeley Senior Center 2939 Ellis, Berk.

contactspeakout@gmail.com

www.speakout-now.org


MONDAY 21

“Gay Politics in Africa”

Beyond our own shores, homophobia persists to infiltrate government and subjugate people with leaders who use religion and law as instruments to thwart the freedom of sexual expression. Dr. Sylvia Tamale, renowned African feminist, analyzes the Ugandan Anti-Homosexuality Bill and opines on the roots of homosexual suppression in Africa and Western societies.

6- 7:30 p.m., free

Berman Hall in the Fromm Building, USF Golden Gate and Parker, SF

510-663-2255

priorityafrica@priorityafrica.org

www.priorityafrica.org

The Guardian–and the historic elections of 1966 and 2011

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(Written on election day before the polls closed. Scroll down for our editorial positions of 1966 and 2011)

In the second edition of the Guardian, dated Nov. 7, 1966, we published our first set of editorial endorsements that were to become a trademark of our form of alternative journalism.  (Our 1966 editorial in pdf form.)

We strongly endorsed then Gov. Pat Brown, going for his third term as a progressive governor, over Ronald Reagan, making his first run at elective office as the voice of the new Republican conservatism, in what we called “our historic election.” In reading the editorial over on the eve of our current “historic election,” it was remarkably prescient.

“For the repudiation of Brown and the election of Reagan,” we noted gloomily,  “would mean that a generation of progressive legislation—in medicare, in education, in welfare, in conservation, in water resources, in bringing to account the dreadful problems of growth, population, and sprawl—would be in grave jeopardy.

“It isn’t difficult to imagine, for example, what will happen to the conservation movement at the hands of a man who talks loudly about selling off ‘unused park land.’ It is this sort of statement that shows Reagan’s naivete, his total lack of qualification for any responsible government job and his complete misunderstanding of what is happening in our state.”

We pointed out that Brown had continued the progressive policies of Govs.Warren and Knight but that this forward movement would end abruptly with Reagan as governor. Well, alas, we were right. Reaganomics was born and the Guardian and everybody else have ever since been fighting the doctrine of tax cuts, deregulation, privatization, and the economics of greed is good and greed is legal.

The result can be seen in today’s election in San Francisco and other California cities and counties.

The mayoral regimes of Brown, Newsom and Ed Lee have carried on the key elements of Reaganomics: endless budget cuts and a bushelbasket of  higher fees, no new revenue initiatives, no moves to tax the Warren Hellmans and the Gordon Gettys on the same basis as the middle class, no moves to tax the big realtors and banks and big downtown companies on the same basis as small businesses, maintaining and facilitating the galloping inequalities of income, keeping the corrupting PG&E/Raker scandal intact at City Hall and thus allowing PG&E to operate as an illegal private utility in San Francisco. On and on.

 The sad thing is that if Lee wins and the tide of sleaze keeps rising in his office, and the progressives lose even more power, things are likely  to get much worse and fast. If Avalos or Herrera win, things are likely to get better but slowly if at all. If Mirkarimi wins, he will make an excellent sheriff in the Mike Hennessey tradition and will immediately be a candidate in waiting to run for mayor as a progressive sheriff and keep PG&E and the Chamber of Commerce gang on edge. (Our position as  outlined by Executive Editor Tim Redmond in “The bad old days” in   our 45th anniversary issue of Oct. 19, 2011.) 

 In any event, the Guardian will be here to “print the news and raise hell for good causes,” to update our masthead motto of 45 years. B3

 

 

 

Team Avalos

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When Supervisor John Avalos chaired the Budget & Finance Committee in 2009 and 2010, his office became a bustling place in the thick of the budget process. To gain insight on the real-life effects of the mayor’s proposed spending cuts, Avalos and his City Hall staff played host to neighborhood service providers, youth workers, homeless advocates, labor leaders, and other San Franciscans who stood to be directly impacted by the axe that would fall when the final budget was approved. They camped out in City Hall together for hours, puzzling over which items they could live without, and which required a steadfast demand for funding restoration.

“One year, we even brought them into the mayor’s office,” for an eleventh-hour negotiating session held in the wee morning hours, recounted Avalos’ legislative aide, Raquel Redondiez. That move came much to the dismay of Steve Kawa, mayoral chief of staff.

Avalos, the 47-year-old District 11 supervisor, exudes a down-to-earth vibe that’s rare in politicians, and tends to display a balanced temperament even in the heat of high-stakes political clashes. He travels to and from mayoral debates by bicycle. He quotes classic song lyrics during full board meetings, keeps a record player and vinyl collection in his office, and recently showed up at the Mission dive bar El Rio to judge a dance competition for the wildly popular Hard French dance party.

Yet casual observers may not be as familiar with the style Avalos brings to conducting day-to-day business at City Hall, an approach exemplified that summer night in 2010 when he showed up to the mayor’s office flanked by grassroots advocates bent on preserving key programs.

“My role is, I’m an insider, … but it’s really been about bringing in the outside to have a voice on the inside,” Avalos said in a recent interview. “People have always been camped out in my office. These are people who represent constituencies — seniors, recipients of mental health care, unions, people concerned about violence. It’s how we change things in City Hall. It’s making government more effective at promoting opportunities, justice, and greater livelihood.” Part of the thrust behind his candidacy, he added, is this: “We want to be able to have a campaign that’s about a movement.”

That makes Avalos different from the other candidates — but it also raises a crucial question. Some of the most important advances in progressive politics in San Francisco have come not just from electoral victories, but from losing campaigns that galvanized the left. Tom Ammiano in 1999 and Matt Gonzalez in 2003 played that role. Can Avalos mount both a winning campaign — and one that, win or lose, will have a lasting impact on the city?

Workers and families

No budget with such deep spending cuts could have left all stakeholders happy once the dust settled, but Avalos and other progressive supervisors did manage to siphon some funding away from the city’s robust police and fire departments in order to restore key programs in a highly controversial move.

“There’s a Johnny Cash song I really like, written by Tom Petty, called ‘I Won’t Back Down.’ I sang it during that time, because I didn’t back down,” Avalos said at an Aug. 30 mayoral forum hosted by the Potrero Hill Democratic Club. “We made … a symbolic cut, showing that there was a real inequity about how we were doing our budgets. Without impacting public safety services, we were able to get $6 million from the Fire Department. A lot of that went into Rec & Park, and health care programs, and to education programs, and we were able to … find more fat in the Police Department budget than anybody had ever found before, about $3 million.”

Last November, Avalos placed a successful measure on the ballot to increase the city’s real-estate transfer tax, which so far has amassed around $45 million in new revenue for city coffers, softening the blow to critical programs in the latest round of budget negotiations. “Without these measures that community groups, residents, and labor organizations worked for, Mayor Ed Lee would not have been able to balance the budget,” Avalos said.

More recently, he emerged as a champion of the city’s Local Hire Ordinance, designed as a tool for job creation that requires employers at new construction projects to select San Francisco residents for half their work crews, to be phased in over the next several years. That landmark legislation was a year in the making, Redondiez said, describing how union representatives, workers, contractors, unemployed residents of Chinatown and the Bayview, and others cycled through Avalos’ City Hall office to provide input.

His collaborative style stems in part from his background. Avalos formerly worked for Service Employees International Union Local 1877, where he organized janitors, and served as political director for Coleman Advocates for Children & Youth. He was also a legislative aide to former District 6 Sup. Chris Daly, who remains a lightning rod in the San Francisco political landscape.

Before wading into the fray of San Francisco politics, Avalos earned a masters degree in social work from San Francisco State University. But when he first arrived in the city in 1989, with few connections and barely any money to his name, he took a gig at a coffee cart. He was a Latino kid originally from Wilmington, Calif. whose dad was a longshoreman and whose mom was an office worker, and he’d endured a climate of discrimination throughout his teenage years at Andover High in Andover, Mass.

Roughly a decade ago, Avalos and a group of youth advocates were arrested in Oakland following a protest against Proposition 21, which increased criminal penalties for crimes committed by youth. Booked into custody along with him was his wife, Karen Zapata, whom he married around the same time. She is now a public school teacher in San Francisco and the mother of their two children, ages 6 and 9, both enrolled in public schools.

“John has consistently been a voice for disenfranchised populations in this city,” said Sharen Hewitt, who’s known Avalos for more than a decade and serves as executive director of The Community Leadership Academy & Emergency Response Project (CLAER), an organization formed to respond to a rash of homicides and alleviate violence. “He understands that San Francisco is at a major turning point in terms of its ability to keep families and low-income communities housed. With the local hiring ordinance, most of us who have been working around violence prevention agree — at the core of this horrible set of symptoms are root causes, stemming from economic disparity.”

Asked about his top priorities, Avalos will invariably express his desire to keep working families rooted in San Francisco. District 11, which spans the Excelsior, Ingleside, and other southeastern neighborhoods, encompasses multiracial neighborhoods made up of single-family homes — and many have been blunted with foreclosure since the onset of the economic crisis.

“Our motto for building housing in San Francisco is we build all this luxury housing — it’s a form of voodoo economics,” Avalos told a small group of supporters at a recent campaign stop in Bernal Heights. “I want to have a new model for how we build housing in San Francisco. How can we help [working-class homeowners] modify their loans to make if more flexible, so they can stay here?” He’s floated the idea of creating an affordable housing bond to aid in the construction of new affordable housing units as well as loan modifications to prevent foreclosures.

“That’s what is the biggest threat to San Francisco, is losing the working-class,” said community activist Giuliana Milanese, who previously worked with Avalos at Coleman Advocates for Youth and has volunteered for his campaign. “And he’s the best fighter. Basically, economic justice is his bottom line.”

Tenants Union director Ted Gullicksen gave Avalos his seal of approval when contacted by the Guardian, saying he has “a 100 percent voting record for tenants,” despite having fewer tenants in his district than some of his colleagues. “David Chiu, had he not voted for Parkmerced, could have been competitive with John,” Gullicksen said. “But the Parkmerced thing was huge, so now it’s very difficult to even have David in same ballpark. Dennis [Herrera] has always taken the right positions — but he’s never had to vote on anything,” he said. “After that, nobody comes close.”

Cash poor, community rich

There’s no question: The Avalos for Mayor campaign faces an uphill climb. Recent poll figures offering an early snapshot of the crowded field peg him at roughly 4 percent, trailing behind candidates with stronger citywide name recognition like City Attorney Dennis Herrera or the incumbent, Mayor Ed Lee, who hasn’t accepted public financing and stands to benefit from deep-pocketed backers with ties to big business.

Yet as Assembly Member Tom Ammiano phrased it, “he’s actually given progressives a place to roost. He doesn’t pussy-foot around on the issues that are important,” making him a natural choice for San Francisco voters who care more about stemming the tides of privatization and gentrification than, say, rolling out the red carpet for hi-tech companies.

One of Avalos’ greatest challenges is that he lacks a pile of campaign cash, having received less than $90,000 in contributions as of June 30, according to an Ethics Commission filing. “He can’t call in the big checks,” said Julian Davis, board president of Booker T. Washington Community Service Center, “because he hasn’t been doing the bidding of big business interests.” A roster of financial contributions filed with the Ethics Commission shows that his donor base is comprised mainly of teachers, nonprofit employees, health-care workers, tenant advocates, and other similar groups, with almost no representatives of real-estate development interests or major corporations.

Despite being strapped for cash, he’s collected endorsements ranging from the Democratic County Central Committee, to the Harvey Milk Democratic Club, to the city’s largest labor union, SEIU 1021; he’s also won the backing of quintessential San Francisco characters such as renowned author Rebecca Solnit; San Francisco’s radical bohemian poet laureate, Diane di Prima; and countercultural icon Diamond Dave.

While some of Avalos’ core supporters describe his campaign as “historic,” other longtime political observers have voiced a sort of disenchantment with his candidacy, saying it doesn’t measure up to the sweeping mobilizations that galvanized around Gonzalez or Ammiano. Ammiano has strongly endorsed Avalos, but Gonzalez — who now works for Public Defender (and mayoral candidate) Jeff Adachi — has remained tepid about his candidacy, stating publicly in an interview on Fog City Journal, “I like [Green Party candidate Terrie Baum] and John fine. I just don’t believe in them.”

Ironically, Sup. Sean Elsbernd, often Avalos’ political opposite on board votes, had kinder words for him. “John is intelligent, John is honest, and John has integrity,” Elsbernd told the Guardian. “I don’t think he knows the city well enough to serve as chief executive … but I’ve seen the good work he’s done in his district.”

Meanwhile, Avalos is still grappling with the fallout from the spending cut he initiated against the police and fire departments in 2009. Whereas those unions sent sound trucks rolling through his neighborhood clamoring for his recall from office during that budget fight, the San Francisco Police Officers Association (SFPOA), the San Francisco Fire Fighters union, and the plumbers’ union, Local 38, have teamed up now that Avalos is running for mayor to form an independent expenditure committee targeting him and Public Defender Jeff Adachi, a latecomer to the race.

“We’ll make sure we do everything we can to make sure he never sees Room 200,” SFPOA President Gary Delagnes told the Guardian. “I would spend as much money as I could possibly summon to make sure neither ever takes office.” Delagnes added that he believes the political makeup of San Francisco is shifting in a more moderate direction, to Avalos’ disadvantage. “People spend a lot of money to live here,” he said, “and they don’t want to be walking over 15 homeless people, or having people ask them for money.”

If it’s true that the flanks of the left in San Francisco have already been supplanted with wealthy residents whose primary concern is that they are annoyed by the sight of destitute people, then more has already been lost for the progressive movement than it stands to lose under the scenario of an Avalos defeat.

The great progressive hope?

Despite these looming challenges, the Avalos campaign has amassed a volunteer base that’s more than 1,000 strong, in many cases drawing from grassroots networks already engaged in efforts to defend tenant rights, advance workplace protections for non-union employees, create youth programs that aim to prevent violence in low-income communities, and advance opportunities for immigrants. According to some volunteers, linking these myriad grassroots efforts is part of the point. Aside from the obvious goal of electing Avalos for mayor, his supporters say they hope his campaign will be a force to re-energize and redefine progressive politics in San Francisco.

“All the candidates that are running are trying to appeal to the progressive base,” Avalos said. But what does it really mean? To him, being progressive “is a commitment to a cause that’s greater,” he offered. “It’s about how to alter the relationship of power in San Francisco. My vision of progressivism is more inclusive, and more accountable to real concerns.”

N’Tanya Lee, former executive director of Coleman Advocates, was among the people Avalos consulted when he was considering a run for mayor. “The real progressives in San Francisco are the folks on the ground every day, like the moms working for public schools … everyday families, individual people, often people of color, who are doing the work without fanfare. They are the unsung heroes … and the rising progressive leaders of our city,” she said. “John represents the best of what’s to come. It’s not just about race or class. It’s about people standing for solutions.”

When deciding whether to run, Avalos also turned to his wife, Zapata, who has held leadership positions in the San Francisco teacher’s union in the past. She suggested rounding up community leaders and talking it through. “The campaign needed to be a movement campaign,” Zapata told the Guardian. “John Avalos was not running because he thought John Avalos was the most important person in the world to do this job. Our question was, if John were to do this, how would it help people most affected by economic injustice?”

Hewitt, the executive director of CLAER, also weighed in. “My concern is that he has been painted as a leftist, rooted in some outdated ideology,” she said. “I think [that characterization] is one-dimensional, and I think he’s broader than that. My perception of John is that he’s a pragmatist — rooted in listening, and attempting to respond.”

Others echoed this characterization. “He doesn’t need to be the great progressive hope,” said Rafael Mandelman, an attorney who ran as a progressive in District 8 last year. “If people are looking for the next Matt Gonzalez, I’m not sure that’s what John is about. He’s about the communities he’s representing.”

As to whether or not he has a shot at victory, Mandelman said, “It’s a very wide field, and I think John is going to have a very strong base. I think he will get enough first-choice votes to be one of the top contenders. And with ranked choice voting, anything can happen.”

 

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


 


 


 


 


 


 


 


 


 


 


 


 


 

Guardian forum tonight: Energy and Environment

19

We’ve got a great lineup for tonight’s Guardian forum on Energy, Environment and Climate Change. I’ll be moderating. The panelists are Antonio Diaz for PODER, Alicia Garza from POWER, former Supervisor Aaron Peskin and Saul Bloom from Arc Ecology. We’ll be talking about energy policy, environmental racism, how climate change will impact the southeast neighborhoods, the privatization of public space, Treasure Island and a lot more.


It starts at 5:30 pm, in the Koret Auditorium at the main library in the Civic Center. Lots of time for audience participation. Hope to see you there.