Supervisors

D. 10 candidates split on Lennar’s plan

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One of the key questions at the Potrero Hill Democratic Club’s forum for D. 10 candidates revolved around Lennar’s Candlestick Point-Hunter’s Point Shipyard redevelopment plan.

The current Board of Supervisors recently approved Lennar’s plan by a 10-1 vote (D.6 Sup. Chris Daly dissented). Following that vote, Mayor Gavin Newsom rushed to sign twelve pieces of legislation that approve and enable what could shape up to be the largest redevelopment project in San Francisco´s history.

“Today is a historic day for San Francisco and a testament to so many who have worked for more than a decade to secure this critical engine for our City´s economic future,” Newsom said in a press statement, after he signed off on the Lennar deal. “I want to thank Sup. Sophie Maxwell for spearheading this effort throughout her entire tenure on the Board of Supervisors and our State and Federal representatives including Speaker Pelosi and Senator Feinstein as we take a giant leap forward towards our shared vision of jobs, housing, and hope for the Bayview-Hunters Point community.”

But with Maxwell termed out in January, the successful candidate in the D. 10 race stands to inherit a plan that has been approved, but apparently isn’t funded yet. And by my accounting, the majority of the candidates who spoke at the D. 10 forum expressed reservations with Lennar’s proposal, with only a few firmly against it, and only a few firmly in favor of it. But read their comments, decide for yourself–and keep tracking this fascinating race!

 
Asked how she would have voted on Lennar’s plan, Lynette Sweet, who voted to make Lennar the shipyard’s master developer when she was a member of the Redevelopment Commission in 1999, said she would have approved it.
“I voted for it then, and I would have voted for it now,” Sweet said. “And I want to be the person who shepherds it through in the next eight years.” But Sweet also sought to reduce the many ongoing questions about the plan–including housing affordability levels, local job creation, air quality impacts, and the  Navy’s related shipyard clean-up–to one simplistic issue: the bridge over Yosemite Slough.

“There’s been a lot of controversy over a bridge,” Sweet said. “But we don’t give up on people for a bridge. We just can’t.”

Eric Smith said he was supportive of the plan and the community benefits agreement, but he voiced criticism of the project’s environmental Impact report (EIR).
“The project’s EIR wasn’t perfect,” Smith noted. “And I wasn’t a huge fan of the bridge, but I’ve walked around Alice Griffith [a dilapidated public housing project in the Bayview] and when you see folks with moldy pipes, broken ceilings, and rats, it moves you. So, I’m supportive of it, and I’m supportive of the community benefits agreement [that the SF Labor Council negotiated with Lennar] and the jobs it can bring.”

Nyese Joshua said she would have voted against the plan, starting years ago.
“I would have voted to stop that project in 2006, when the dust issue was going on,” Joshua said. “And it’s a misnomer to claim the Board voted 10-1 for Lennar,” Joshua contined, as she pointed out that five progressive supervisors on the Board voted against the bridge and for air quality analysis, greater affordability and greater workforce protections. But ultimately, this progressive core was unable to pass those amendments, because Sups. Maxwell, Bevan Dufty, Sean Elsbernd, Carmen Chu, Michela Alioto-Pier and Board President David Chiu did not support them.
“That 10-1 vote is being called a pyrrhic victory,” Joshua added.


Kristine Enea indicated that she would have voted yes, but with reservations.
“I would have consistently voted yes to amendments, but there was no comprehensive transportation analysis,” Enea said.
Enea, who has served on the now disbanded Navy’s Hunter’s Point Shipyard Restoration Advisory Board, noted that she is “intimately familiar with the technical data,” surrounding the Navy’s shipyard clean-up plans.
“And I live a stone’s throw from the shipyard, and I believe we are safe,” Enea added.
“There is hope soon to be a restored public process on the Navy’s clean up,” Enea continued, referring to the Navy’s 2009 decision to dissolve the RAB.“But we need to be very vigilant that cleanup of Parcel E2.”

Malia Cohen said she would have supported Lennar’s plan,
“Lennar has dominated the lion’s share of our conversations,” Cohen said, noting that there are a bunch of redevelopment projects in the southeast. “So, we can’t be singular in our vision of what we want our community to look like. We can’t let Lennar dominate. But I’d have supported the project because I believe what Lennar represents is an extraordinary opportunity for us to pick ourselves up, organize and collectively voice what we’d like our community to look like. It’s imperative that Lennar’s plan moves forward, but it has to be environmentally sound.”

Steve Moss said he probably would have voted for the project’s EIR, but voiced concern about the lack of affordability within the project’s 10,500 units of housing.
“But nothing is more toxic than the shipyard than the conversation about the shipyard,” Moss added, noting that the Navy and US EPA have collectively committed to spend millions and millions on shipyard cleanup, but the community doesn’t trust the process.
“So, what went wrong with the conversation in a community that is clearly wounded?” Moss said. “We need to start having honest conversations. And we’re programming a lot of housing [within the Lennar development,] but not enough jobs.”

Stephen Weber said he would have voted for it.
“ I believe that we need it, that we can’t wait any longer,” Weber said. “But it goes back to oversight. It’s the responsibility of the city to make sure the developer and everyone connected to the development is held accountable and is made to follow through on procedures, and make sure affordable housing is mixed into the plan. It has to be a neighborhood built on diversity.”

Isaac Bowers said he’d have been in favor of sending the plan back to Redevelopment to be amended.
“This is a very difficult decision,” Bowers observed. “We all know that the area has suffered from many decades of neglect. But when I looked closely at the plan’s environmental impact report and the process, I didn’t think the range of alternatives for the bridge were sufficient. The demands for [greater oversight] of the shipyard clean-up were legitimate. The analysis of how many jobs in research and development was insufficient. There was no analysis of displacement. There were inadequate levels of truly affordable housing. We need to look at real jobs when we look at development. And the Redevelopment Agency has to be put back under the control of the Board. It can’t be allowed to put out fake projects that don’t benefit the community.”

Diane Wesley Smith suggested she’d have voted no when she pointed to Lennar’s “trail of broken promises.”
“And talk about collusion,” Wesley Smith said. “ I understand this was a done deal, five years ago.”

Geoffrea Morris said she would have voted no.
“There was a lot of money, a lot of power pushing the shipyard project,” Morris said.
“If this happened in any other community [in the city], it wouldn’t have happened,” Morris continued. And they wouldn’t have got rid of the [Navy’s community-based] restoration advisory board,” Morris added.”But ours is a poor community of minority people and a majority are African Americans.”

Chris Jackson said he would have voted yes, but with amendments.
“I would have supported the plan, but with amendments to ensure the full clean-up of the shipyard to residential standards, and to work towards on agreement on the bridge,” Jackson said.
 “We are a better city than just saying no,” Jackson continued, as he outlined ways to ensure that local workers get decent paying jobs, the community gets an expanded health clinic, the city includes a cooperative housing and land trust element to provide affordable housing, and the city is required to provide a supplemental environmental impact report.

Tony Kelly said he would have voted no–and noted that he was the only candidate to publicly testify against the certification of project’s EIR.
“I was the only candidate to testify against the environmental impact report and in support of the appeal [that three separate groups brought after the Redevelopment and Planning Commissions voted to certify the city’s EIR for Lennar’s plan],” Kelly said.
‘Michael Cohen, the Mayor of San Francisco,” Kelly half-jokingly continued, “has said the project is not going to be started to be built for at least 4 to 5 years. So, how can the city say, you must support the plan now, when it’s not going to happen for a long time?”

Marlene Tran said she can’t support the plan until the shipyard’s cleaned up.
Tran explained that initially, when Arc Ecology’s Saul Bloom gave the community a presentation about the plan, she was intrigued.
“It seemed to bring a lot of promises, but then Bloom presented ten of the deficiencies with the plan,” Tran said, referring to heavy metals and other toxins on the shipyard.
“I will make sure they will do the clean-up first,” Tran said. “If we go for it, and then construction workers and residents, get sick…well, there’s no way I can condone the project, until it’s absolutely clean. And what if the developer goes bankrupt?”

Espanola Jackson gave folks a history lesson
“When I learned that the shipyard was a Superfund site was not until 1990, because we was illiterate about environmental justice in a black community,” Jackson recalled. “I thought environmental justice was white kids chasing whales. But then I went to Monterey and learned about restoration advisory boards [RABs].”

Noting that the local community got its own RAB in 1994, Jackson recalled how former Mayor Willie Brown appointed Lynette Sweet to the Redevelopment Commission, before the Commission voted 4-3 in 1999 to select Lennar as master developer for the shipyard.
“Willie Brown brought in Lynette Sweet to be the swing vote to bring Lennar into the community,” Jackson said.

DeWitt Lacy said he wouldn’t have supported the plan, as it was, and given the Board’s limited ability to amend it under the city charter.
“I’d have supported the plan, if I’d had the power to amend the project’s environmental impact report and get it done right,” Lacy explained.
Lacy faulted the plan for carving up a state park, building a bridge over an environmentally sensitive slough, and not doing enough to ensure local jobs or guarantee benefits.
“Folks didn’t believe it was important for black folks to have state park land, but it’s important for our kids to have this,” Lacy said. “The state has spent $5 million to rehabilitate Yosemite Slough… And a ‘good faith’ agreement [around local hiring quotas] doesn’t get it for me. We have to have absolute certainties to make sure our people get the benefits.”


You can watch video of both the D. 10 forums, which were moderated by Keith Goldstein, here. And stay tuned for coverage of the endorsements and financing behind each candidates’ campaign. D. 10 is already shaping up to be one of the most fascinating and pivotal races in the fall.


 


 

The deal is done

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Mayor Gavin Newsom was quick to frame the Board of Supervisors’ 10-1 vote for Lennar Corp.’s massive redevelopment proposal for Candlestick Point-Hunters Point Shipyard on July 27 as a sign that plans to revitalize the Bayview are about to begin.

“Now we can truly begin the work of transforming an environmental blight into a new center of thousands of permanent and construction jobs, green technology investment, affordable housing, and parks for our city,” Newsom claimed in a prepared statement after the board (with Sup. Chris Daly as the lone dissenter) approved Lennar’s 700-acre project.

The proposal calls for 10,500 residential units; 320 acres of parks, retail and entertainment facilities, green-tech office space; and a San Francisco 49ers stadium if the team decides not to move to Santa Clara.

But Kofi Bonner, who worked for Mayor Willie Brown before becoming Lennar’s top Bay Area executive in 2006, said the vote means he can start shopping the plan around. “Now we have to find some money to move forward with the project,” Bonner told the San Francisco Chronicle.

Given the stubbornness of the recession, Bonner’s revelation that Lennar has yet to find all the necessary investors means local workers and public housing residents could be waiting a long time for jobs and housing in Bayview. If and when the project finally breaks ground, it will involve building condos in the Bayview’s only major park.

These realities undermine the claims of Lennar, which used the mantra of “jobs, housing, and parks” in 2008 to sell Proposition G but made no mention of a bridge over environmentally sensitive Yosemite Slough or selling state parkland for condos.

Also disturbing, says Sierra Club local representative Arthur Feinstein, is the lack of any economic analysis to support Lennar’s claims that the bridge is needed.

Indeed, the only thing clear to longtime observers of the plan is that the much vaunted jobs won’t happen soon, most of the housing will be unaffordable to current Bayview residents, and Candlestick Point State Recreation Area, the only major open space in the Bayview, will be carved up so Lennar can build luxury condos on waterfront land.

These concerns have led the Sierra Club to threaten a lawsuit over issues on which Board President David Chiu was the swing vote in favor of the Lennar and Redevelopment Agency plan. Yet Chiu told the Guardian that the process got him thinking that it might be time to reform the redevelopment process.

“Now might be a good time to address concerns about the potential for inconsistency between Redevelopment and the city when it comes to land use and planning visions,” Chiu said. “And I have concerns about the tax increment financing process.” Tax increment financing allows the Redevelopment Agency to keep all property tax increases from the project, up to $4 billion, to use in redevelopment projects rather than into city coffers.

Chiu says the amendment he offered July 12, which narrows Lennar’s proposed bridge over Yosemite Slough by half, was based “on the belief that having a connection between jobs and housing is important. And I had understood that it would cost the developer an additional $100 million if the bridge was removed.”

But Feinstein counters that it’s hard to imagine that building a bridge over an environmentally sensitive slough will attract investors that support green technology. He is concerned that the development is expected to attract 24,465 new residents but that the Lennar plan fails to mitigate for transit-related impacts on air quality. “The Bayview already has the highest rates of asthma and cancer in the city,” Feinstein said.

Chiu says the supervisors can introduce separate legislation to address this concern. “It’s my understanding that an air quality analysis could be implemented by the board,” he said.

Although the board’s July 27 vote was a relief for termed-out Sup. Sophie Maxwell, its failure to support the no-bridge alternative, increased affordability standards, and an air quality analysis could result in expensive and time-consuming litigation, Feinstein warns.

And although Sups. Chris Daly, Ross Mirkarimi, David Campos, John Avalos, and Eric Mar supported all three of these amendments, they were ultimately thwarted by a redevelopment law that limits the city’s control of such projects.

During the meeting, Daly acknowledged that it would be impossible for Lennar to meet his 50 percent affordability amendment. But he noted that if the project becomes too expensive “there’s going to be a pretty new neighborhood with lots of white folks living in the Bayview.”

But after Michael Cohen, Newsom’s top economic advisor, said the project would not be financially viable with 50 percent affordability, Sups. Chiu, Maxwell, Bevan Dufty, Michela Alioto-Pier, Carmen Chu, and Sean Elsbernd voted against Daly’s amendment.

These same six supervisors voted against Mirkarimi’s proposal to eliminate plans for a bridge across Yosemite Slough, even though Cohen was unable to point to any economic analysis to support Lennar’s claims that the bridge is necessary.

Arc Ecology owner Saul Bloom, whose nonprofit did studies indicating that an alternative route wrapping around the slough is feasible, says Lennar’s plan illustrates the problem that San Francisco has with development. “Elected officials couldn’t do anything,” he said, except give the nod to a plan he describes as “developed by a mayoral administration and approved by that mayor’s political appointees [on the Redevelopment Agency board],” Bloom said.

“The message that the environmental community takes away from all this is that it doesn’t pay to play well,” Bloom continued. “No matter how much you spend to try and ensure that litigation is not the only way to obtain the desired outcome, ultimately the message that comes back from the city and the developer is ‘sue us!’ That brings out the worst political conduct, not the most appropriate.”

Feinstein wouldn’t confirm that a Sierra Club lawsuit is imminent, but predicted that if the coalition — which includes Golden Gate Audubon, the California Native Plant Society, and SF Tomorrow — goes to court, it’s likely to win. “If we do litigate, we’ll probably do it on a wide range of issues,” Feinstein said. “They approved a fatally flawed document, and they could provide no documented evidence of the need for a bridge — and admitted that publicly.”

Feinstein contends that Lennar’s plan has been a runaway project from the get-go. “The idea was to march it through before the mayor is gone with little regard for process. And despite all the much vaunted public meetings, little in the plan has changed,” he said.

Feinstein added that he was disappointed in Chiu’s stance on the bridge. “There were five supervisors in the Newsom camp, but as board President, Chiu had a responsibility to be more vigilant,” he said. “We told him what’s wrong with the bridge plan, but he didn’t share our view.”

“This is a rare opportunity,” Maxwell said before the board’s final vote. “It focuses public and private investment into an area that has lacked it in the past. It’s unmatched by any development project in San Francisco. This project is large and complicated, no doubt. But let us not be fearful of this project because of its scale, because how else can we transform a neglected landscape?”

But project opponents say everyone should fear a deal that required the board to ask Lennar’s approval to amend a plan that was pitched by the Newsom administration and approved by a bunch of mayoral appointees on the Redevelopment Commission with little chance for elected officials to make changes.

Mirkarimi said the problem with a process in which redevelopment law trumps municipal law is that it creates a shadow government in those few municipalities in California where the Board of Supervisors or City Council is not the same entity as the Redevelopment Commission.

“This is not the first time Redevelopment’s plans have trumped the concerns of local residents,” Mirkarimi said, referring to the agency’s botched handling of the Fillmore District in the 1960s, which led to massive displacement of African and Japanese Americans.

“I’ve been told, ‘Don’t worry, Ross, this is not going to happen, we’re not going to use eminent domain.’ Well, jeez, that’s a consolation, because even when we’ve exercised our legislative influence and given our blessing, [Redevelopment] unilaterally changed the plan after it left the board,” Mirkarimi said, referring to Lennar’s decision to replace rental units with for-sale condos when it first began work on the shipyard in 2006. “That suggests a condescending role in which the developer is able to go to the Redevelopment Commission and make a unilateral change.”

Mirkarimi’s concerns seemed justified after Cohen, Bonner, and Redevelopment Director Fred Blackwell huddled in a corner of City Hall during the board’s July 27 meeting to decide which of the supervisors’ slew of amendments they would accept. When Cohen returned with the amendments organized into three categories (acceptable as written, to be modified, and completely unacceptable), Mirkarimi’s no-bridge amendment had been sorted into the “unacceptable” pile.

“With regard to your insistence on the economic reasons [for the bridge], please point to which document says that,” Mirkarimi said, leafing in vain through the project materials.

Cohen mentioned “a lessening of attractiveness,” “a lower-density product,” and a reduction of revenue available through tax increment financing to pay for the bridge.

“Yes, but I’m still trying to look for the information and all I’m hearing is this pitch,” Mirkarimi said. “The economic study is absent. There are no supporting documents here. This is why I feel it’s justified for us to have a review of this.”

Cohen rambled on about “rigorous public discussion over a number of years” and claimed that a “huge amount of studies had been done.”

“But there is no economic study,” Mirkarimi repeated.

The board then voted 6-5 against Mirkarimi’s amendment after deputy City Attorney Charles Sullivan said that the only way to remove the bridge — since the project’s environmental impact report had rejected that option — would be to reject the entire plan. “I wish we had been able to eliminate the bridge,” Campos told the Guardian after the vote. “Part of the challenge we have is to reexamine how Redevelopment works and explore the potential for taking it over.”

Daly believes the bridge has nothing to do with connecting the neighborhood to the city. “The idea is to allow white people to get the fuck out of the neighborhood,” he said. “And it connects a different class of people to a new job without having to go through a low-income community of color. That’s why the bridge is needed.”

Mirkarimi said he was satisfied that he had dissected the arguments against the no-bridge alternative but fears that institutional memory is lacking on the current board. “A lot of my colleagues have not been involved in the debacle,” he said, referring to decades of problems with redevelopment in San Francisco. But Maxwell was all smiles. “I did my homework a long time ago — that’s why they couldn’t touch the core of the project,” she said. “They just added to and augmented it.”

The politics of unity and division

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steve@sfbg.com

These are strange days for the San Francisco Democratic Party, which is seeking to overcome bitter divisions on the local level and come together around candidates for statewide office that include Mayor Gavin Newsom, whose fiscal conservatism and petulant political style are the main sources of that local division.

The tension has played out recently around the Board of Supervisors deliberations on the new city budget and November ballot measures and in dramas surrounding the newly elected Democratic County Central Committee, where the battles during its July 28 inaugural meeting previewed a more significant fight over local endorsements coming up Aug. 11.

Almost every elected official in San Francisco is a Democrat. Newsom, the Democratic nominee for lieutenant governor, has been the main obstacle to new taxes that progressives and labor leaders say are desperately needed to preserve public services, deal with massive projected deficits in the next two years, and quit balancing budgets on the backs of workers.

“We balanced the budget without raising taxes. I don’t believe in raising taxes. We don’t need to raise taxes,” Newsom said proudly at his July 29 budget signing ceremony, during which he also effusively praised the labor unions whose support he needs this fall: “Labor has been under attack in this state and country. They’ve become a convenient excuse for our lack of leadership in Sacramento and around the country.”

That hypocritical brand of politics has been frustrating to his fellow Democrats, particularly progressive supervisors and DCCC members. At the July 27 board meeting, Sup. Ross Mirkarimi and Board President David Chiu reluctantly dropped their pair of revenue measures that would have raised $50 million, bowing to opposition by Newsom and the business community.

The San Francisco Chamber of Commerce has become such a vehicle for antitax and antigovernment vitriol that the DCCC on July 29 approved a resolution calling for the organization — which hosted a speech by Republican National Chair Michael Steele in June — to renounce the platform of the Republican National Committee.

“The Chamber is not a knee-jerk right-wing organization,” Chamber President Steve Falk felt compelled to clarify in a July 28 letter to DCCC Chair Aaron Peskin, closing with, “Anything you can do to avoid painting the Chamber as a pawn of the GOP would be greatly appreciated — because it just isn’t true.”

Yet Rafael Mandelman, who sponsored the resolution and is a progressive supervisorial candidate in District 8, told us the Chamber’s fiscal policies are indistinguishable from those pushed by Republicans. “They’re the leading force pushing the Republican agenda in San Francisco,” Mandelman said, calling the stance short-sighted. “It’s not in the long-term interests of the business community for our public sector to fall apart.”

Chiu’s business tax reform measure is a good example of how conservative ideology seems to be trumping progressive policy, even among Democrats. Only 10 percent of businesses in the city pay any local business tax, and the measure would increase taxes on large corporations, lower them on small businesses, create private sector jobs, bring $25 million per year into the city, and expand the tax burden to 25 percent of businesses, including the large banks, insurance companies, and financial institutions that are now exempt. But even the Small Business Commission refused to support the plan, prompting Chiu to drop the proposal and tell his colleagues, “There is still not consensus about whether this should move forward.”

Sup. Chris Daly, the lone vote against the budget compromise with Newsom and the removal of revenue measures from the November ballot, noted at the July 27 board meeting how the business community has sabotaged city finances, citing its 2002 lawsuit challenging the gross receipt taxes, which the board settled on a controversial 8-3 vote. “This is a large part of our structural budget deficit,” Daly said.

But antitax sentiment has only gotten worse with the current recession and political dysfunction, causing Democrats like Newsom to parrot Republicans’ no-new-taxes mantra, much to the chagrin of progressives.

“A lot of this is being driven by statewide politics. [Newsom] needs to not have taxes go up but he also needs the support of the labor unions, so we get weird stuff happening in San Francisco,” Mandelman said.

The situation has also fed Newsom’s animus toward progressives, who have enjoyed more local electoral success than the mayor. Newsom responded in June to the progressive slate winning a majority on the DCCC by placing a measure on the November ballot that would ban local elected officeholders from serving on that body, which includes four progressive supervisors and three supervisorial candidates.

Nonetheless, Newsom then unexpectedly sought a seat on the DCCC, arguing that his lieutenant governor nomination entitled him to an ex officio seat (those held by state and federal elected Democrats) even though the DCCC’s legal counsel disagreed. While noting the hypocrisy of the request, Party Chair Aaron Peskin took the high road and proposed to change the bylaws to seat Newsom.

Some progressives privately groused about giving a seat to someone who, as DCCC member Carole Migden said at the meeting, was “picking a fight” with progressives by pushing a measure she called “disrespectful and unconstitutional.” But in practice, the episode seems to have hurt Newsom’s relations with progressives without really strengthening his political hand.

Newsom ally Scott Wiener — a DCCC member and District 8 supervisorial candidate (who told us he opposes the mayor’s DCCC ballot measure) — proposed to amend Peskin’s motion to change the bylaws in order to seat Newsom with language that would allow Newsom to continue serving even if he loses his race in November.

That amendment was defeated on a 17-13 vote that illustrated a clear dividing line between the progressive majority and the minority faction of moderates and ex officio members. Even with Newsom and District Attorney Kamala Harris (who was seated as the Democratic nominee for attorney general) being seated — and counting the one absent vote, Sen. Leland Yee, who is expected to sometimes vote with progressives and sometimes with moderates — progressives still hold the majority going into the process of endorsing local candidates and allocating party resources for the fall campaign.

“Presuming that 17 people of that 33-member body all agree on something, then the presence of Mayor Newsom doesn’t change anything,” Peskin said. He also noted that even if Newsom’s measure passed and the progressive supervisors were removed, “the irony is that the chair of the party [Peskin] would appoint their successors.”

Also ironic is the political reality that it is Newsom who most needs his party’s support right now, while it is progressives who are adopting the most conciliatory tone.

“We should all be working to turn out the vote and help Democrats win,” Peskin told us. “I implore our mayor and lieutenant gubernatorial candidate to work with us and get that done.”

Yet after Newsom gave a budget-signing speech that included the line, “At the end of the day, it comes down to leadership, stewardship, collaboration, partnership,” he told the Guardian that he has no intention of removing or explaining his DCCC ballot measure, saying only, “If the voters support it, then it would be the right thing to do.”

Chiu responded to the news by telling us, “I hope the mayor can move beyond the politics of personality and build a party vehicle that is about unity.”

Reinventing San Francisco

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By Christopher D. Cook, Karl Beitel, and Calvin Welch. 

OPINION It’s hard to trust hope these days — to imagine that our world, or even our city — could be different. But for the next 10 or 15 minutes, as you read this, we invite you to suspend the cynicism and disbelief that hang over contemporary life, and allow your mind to imagine that, yes, a different San Francisco is possible. Just for 15 minutes, although we hope this helps kick-start a much longer-term revival of hope and urban reimagining.

It’s time to create something new in San Francisco — a visionary movement for constructive change that’s bold and unapologetic. Imagine, for instance, if San Francisco became a national model for how cities can reinvest local profits (public and private) and assets to expand economic opportunity and social equity. Imagine if, instead of promoting a dispiriting and volatile blend of corporate development and Darwinian “free-market” anarchy, San Francisco transformed how American cities define success by creating concrete alternatives to the chaos of capitalism.

Now imagine that San Francisco had its own public bank — a fiscally solvent, interest-generating financial force (potentially a half-billion dollars strong) dedicated to public financing and economic stimulus, that functioned as a vigorous incubator for homegrown industries and sustainable, true-green job creation.

We are proposing no less than a reinvention of San Francisco — a dramatic shift in priorities, resources, politics, and culture that marries the very best in both creative innovation and urgently needed reforms to make our city socially equitable and sustainable, both ecologically and economically.

Toward this end, the Community Congress, Aug. 14-15 on the University of San Francisco campus, will stimulate ideas, discussion, and planning to reinvigorate civic engagement and inspiration and create a concrete, locally actionable agenda for reshaping the city. You’re invited. (Visit www.sfcommunitycongress.wordpress.com for more information.) The congress is a conversation starter and idea incubator — an opportunity to begin reimagining San Francisco as a socially equitable, racially inclusive, ecologically sustainable city that grows its own food, supplies its own energy, and is an affordable haven for working-class people, immigrants, artists, and creative folk of all stripes.

We humbly propose a city that embraces cosmopolitanism and international exchange while empowering its residents to achieve a decent and livable quality of urban life. We are not trying to turn back the clock; we are trying to create new forms of social and economic value that give people meaning and sustenance, and hope.

 

WHY A COMMUNITY CONGRESS—WHY NOW?

Couldn’t we save such sweeping aspirations for a rainy day? The sky isn’t falling yet, is it? Not quite, but the present constellation of crises San Francisco is ensnarled in — massive and rising structural deficits, a boom/bust economy that’s profoundly unstable and inequitable, deepening economic and social divides that destabilize communities, to name a few — is simply unsustainable.

San Francisco’s economic and fiscal crisis is not a passing moment. Rather, it signals long-term structural flaws in the city’s economic policies and planning. San Francisco has lost roughly 45,000 jobs since 2000, and each “recovery” is marked by steadily higher unemployment rates (currently resting at 9.2 percent). More critically, as jobs and wages have grown more precarious and housing prices have steadily risen (over the long term), thousands of San Franciscans have been displaced.

Any serious vision for change must incorporate race and class dynamics. Consider the economic evisceration of much of the city’s African American population, which has plummeted from 13.4 percent of the population in 1970 to just 6.5 percent today (more than 22,000 African Americans left the city between 1990 and 2008). The gutting of communities of color is intrinsically intertwined with issues of job and wage loss and soaring housing costs. This is particularly acute in the geographic and political dislocation of African Americans in San Francisco. Add to this picture intense overcrowding and poverty in Chinatown and in Latino and immigrant communities, and you get a set of inequities that are morally unacceptable and socially untenable.

Like other major American cities, San Francisco faces a crucial historical moment. Global warming and fast-dwindling oil supplies require a transformative shift in how we conceive (and implement) economic development far beyond the city’s current piecemeal approach to “green procurement.” The Peak Oil Preparedness Task Force, appointed by the Board of Supervisors in 2007, concluded that a full 86 percent of San Francisco’s energy use comes from fossil fuels, primarily petroleum and natural gas, and a small amount of coal. Given the world’s fading oil supplies and mounting climate chaos, this is simply unsustainable.

The specter of a looming energy and environmental crisis, combined with economic instability marked by persistently high unemployment, rising income inequality, systemically entrenched homelessness, consumer debt, and the deepening crisis of cutbacks to critically needed human services and affordable housing call for a radical shift in how society — and San Francisco’s economy — are run.

Transforming San Francisco into a truly sustainable city will mean dramatic shifts in what (and how) we produce and consume, and aggressive city policies that promote local renewable energy. Our economy — how our food, housing, transportation and other essential goods are made — will have to be rebuilt for a world without oil.

These and other limits mean we must redefine growth and profit—fast. Work and sustainability must become fully intertwined, and we must think creatively about how jobs can produce social and community value, instead of profits concentrated at the top.

Creating truly sustainable and equitable cities for the 21st century will also mean dramatic shifts in how we produce and consume. There is no better place to begin than here in San Francisco, long an incubator in progressive thinking and genuine grassroots action and innovation. In an earlier Community Congress in 1975, residents and groups from across San Francisco united in a movement of ideas and organizing that led to district supervisorial elections and successful campaigns to stem the tide of downtown corporate development, helping to democratize politics and economics in San Francisco.

The 2010 Community Congress is aimed at reinvigorating local movements for lasting change, both on the policy level and in the relationship between people and their government. We hope to inspire a spirited and creative shift in the city’s culture and politics — with concrete, politically actionable policies to democratize planning and development and a more sweeping transformation of our expectations — toward a far richer and deeper engagement of people and communities in their own governance.

 

A NEW FRAMEWORK FOR URBAN DEVELOPMENT

What would this City of Hope look like, and how would it work? Consider what we could accomplish with a municipal bank. The City and County of San Francisco currently has almost $2.6 billion in highly liquid reserves, about $500 million of which could be used to fund a Municipal Bank of San Francisco. Once established (and federally insured), the Municipal Bank could take additional deposits and use this to issue more loans. The bank could promote economically viable worker-run cooperatives that produce goods and services addressing community needs — be it day care, urban gardening, or ecologically sustainable light industry that creates meaningful employment for local residents. The bank could provide competitive small-interest loans to help stimulate small-business development — the key economic engine of the city. Currently, access to credit is one of the primary impediments to small business growth in San Francisco.

The city could also start a Municipal Development Corporation to produce goods and services that meet essential needs, boost local employment, and generate surpluses that would be available for local reinvestment. San Francisco could launch itself on the path to local energy self-reliance with funds from the Municipal Bank, together with revenue bonds—raising large pools of capital to finance large-scale alternative energy investments such as solar panels to generate energy for sale to local businesses and households.

The proceeds could help subsidize community-based development such as urban farming projects that could grow food for our public schools. The Municipal Development Corporation could explore other initiatives like large-scale medical marijuana cultivation and development of a commercial fiberoptic network. Other ideas can be developed; we need to engage our collective imagination to envision what can exist if there’s enough people power and political will.

By expanding access to credit, municipalizing a chunk of the city’s assets, establishing an economically viable municipal development enterprise, and democratizing city planning and development, San Francisco can enable long-disenfranchised communities to create sustainable and diversified development — instead of fighting over “jobs versus the environment” and other false choices and getting nowhere for decades.

It’s time for proactive, community-led economic development that addresses urgent needs, from local hiring and training, to creating a diverse base of neighborhood-serving businesses, to ecologically sustainable and healthful development and planning that is driven by communities and residents.

San Francisco’s job creation policies can be transformed to prioritize community needs over corporate profits by linking major development contracts to strict local hiring and training, community benefits agreements that invest in social goods like childcare and in-home health services, and ensuring dramatic increases in the city’s stock of affordable housing.

We need to build new forms of public participation in local government in ways that address people’s everyday needs. For instance, the congress will propose a new partnership between residents and Muni to make Muni work better, involving current riders and drivers in a new, more powerful role in how Muni lines function.

We need to find better ways to sustain a diverse population of working-class, people of color, artists, writers, musicians, and others. We need to make sure development isn’t just code for finding new ways to gentrify neighborhoods and displace existing residents.

Specific proposals will address how the city and community-based nonprofits deliver critical health and human services to our neediest residents. We propose making this an integrated part of the budget process, not a last-minute afterthought. Toward this end, the Community Congress will present actionable proposals to create innovative “resident/government” partnerships to improve local government responsiveness and efficiency.

 

RAISING—AND SPENDING—THE BENJAMINS

One of the keys to unlocking the city’s stagnating economy is progressive revenue generation and more democratic participation in budgeting. We must enlarge the public pie while reapportioning it in a way that stimulates job creation and shifts the tax burden onto the large businesses that reap vast private benefits from public goods and services. The city’s budget process must be dramatically reshaped and democratized. Communities need a seat at the fiscal table when the budget is being crafted — instead of lobbying tooth and nail at the end of the process just to retain funding that barely keeps programs afloat.

How can we build a participatory budgeting movement that brings residents and communities into the process? For instance, community budget councils composed of elected and appointed residents from every supervisorial district could assess neighborhood needs and incorporate them into drafting the budget. Whatever form this takes, the goal is to put the needs of residents at the forefront of how the city spends its resources.

The Community Congress can also help redefine fiscal responsibility. Taxing and spending must be accountable and transparent and respect the fact that this is the public’s money. Let’s be honest: much of what passes for government excess is due to management and executive bloat at the top, not salaries of frontline workers like bus drivers, social service providers, and hospital workers. True fiscal responsibility also means investing in prevention: education, healthcare, and services that help people build their lives.

 

RECLAIMING HOPE

It’s time to reclaim the public sector as the sphere of our shared interest. Rather than thinking in terms of the old paradigm that counterpoises “government” and “the market,” let us envision a new citizen movement to create a more participatory, democratic, and accountable system of self-government.

The San Francisco Community Congress is about bringing people together — community activists, those working in the trenches of our increasingly strained social services, our environmental visionaries, our artists, the urban gardeners and permaculturists, poets, bicycle enthusiasts, inventors … in short, assembling our pool of collective knowledge and wisdom, and yes, our differences — in a forum to discuss, debate, share concerns and viewpoints, and ultimately produce a working template that is both visionary and can be implemented.

The Community Congress will create a space for all of us to participate in defining our own vision of San Francisco. It is a first step toward reasserting popular control over economic development. It is an invitation to be visionary, rethinking in fundamental ways what it means to live in the 21st century city, and a forum for creating real, practical platforms and proposals that can be implemented using the powers of local government.

We want to propose a new vision of urban governance. Not more bureaucracy, more commissions, more departments, but the creation of new institutions that are democratically accountable and place new kinds of economic and political resources in the hands of ordinary citizens.

We don’t have any illusions. There are limits to what local government can do. Ultimately, deep change will require actions by higher levels of government. More profoundly, it will require a deeper change in citizen awareness, a rejection of life dominated by the pursuit of narrow self-interest, in favor of a more ecologically sustainable, socially just, and more democratic way of life.

But we can begin at the local level, here and now, to envision and implement the kind of changes that will need to take place if we want to insure that our city, our country, and our planet will be the kind of place we want our children to live. Please come. Bring your hopes, passions, and ideas. This is our collective project, our shared wisdom, our joint vision of the kind of city and society in which we want to live.

Christopher D. Cook is an author, journalist, and former Bay Guardian city editor (www.christopherdcook.com). Karl Beitel is a writer, scholar, and activist. Calvin Welch is the director of the San Francisco Information Clearinghouse and a long-time affordable housing advocate. This story was funded in part by www.spot.us

 

A new community congress

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EDITORIAL The first time a group of activists from across San Francisco met in a Community Congress, it was 1975 and the city was in trouble. Runaway downtown development was creating massive displacement and threatening the quality of life. Rents were rising and tenants were facing eviction. An energy crisis had left residents and businesses with soaring power bills. The manifesto of the Congress laid out the problem:

"Every poor and working class community in San Francisco has learned the hard way that its interests are at the bottom of the list as far as City Hall is concerned. At the top of the list are the banks, real estate interests, and large corporations, who view San Francisco not as a place for people to live and work and raise families, but as a corporate headquarters city and playground for corporate executives. By using their vast financial resources, they have been able to persuade local government officials that office buildings, hotels, and luxury apartments are more important than blue-collar industry, low-cost housing and decent public services and facilities."

The Community Congress hammered out a platform — a 40-page document that pretty much defined what progressive San Francisco believed in and wanted for the city. It included district elections of supervisors, rent control, public power, a requirement that developers build affordable housing, and a sunshine ordinance — in fact, much of what the left has accomplished in this town in the past 35 years was first outlined in that document.

Beyond the details, what the platform said was profound: it suggested that the people of San Francisco could reimagine their city, that local government could become a force for social and economic change on the local level, even when politics in Washington and Sacramento were lagging behind. It called for a new relationship between San Franciscans and their city government and looked not just at what was wrong, but what was possible.

That’s something that too often gets lost in political debate today. With urban finances in total collapse, the progressives are on defense much of the time, trying to save the basic safety net and preserve essential programs and services. It seems as if there’s little opportunity to talk about a comprehensive alternative vision for San Francisco.

But bad times are great times to try new ideas — and when the second Community Congress convenes Aug. 14 and 15 at the University of San Francisco, that’s exactly what they’ll be trying to do. It’s not going to be easy — the left in San Francisco has always been fractious, and there’s no consensus on a lot of central issues. But if the Community Congress attracts a broad enough constituency and develops a coherent platform that can guide future political organizing efforts, it will have made a huge contribution to the city.

The event also offers the potential for the creation of a permanent progressive organization that can serve as a forum for discussion, debate, and action on a wide range of issues. That’s something the San Francisco left has never had. Sup. Chris Daly tried to create that sort of organization but it never really worked out. The city’s full of activist groups — the Tenants Union, the Harvey Milk LGBT Club, the Sierra Club, and many others — that work on important issues and generally agree on things, but there’s no umbrella group that can knit all those causes together. It may be an impossible dream, but it’s worth discussing.

The organizers of the Community Congress discuss some of their agenda in the accompanying piece on this page. It should be based on a vision of what a city like San Francisco can be. Think about it:

This can be a city where economic development is about encouraging small businesses and start-ups, where public money goes to finance neighborhood enterprises instead of subsidizing massive projects.

This can be a city where planning is driven by what the people who live here want for their community, not by what big developers can make a profit doing.

This can be a city where housing is a right, not a privilege, where new residential construction is designed to be affordable for the people who work here.

This can be a city where renewable energy powers nearly all the needs of residents and businesses and where the public controls the electricity grid.

This can be a city where the wealthy pay the same level of taxes that rich people paid in this country before the Reagan era, where the individuals and corporations that have gotten filthy rich off Republican tax cuts give back a little bit to a city that is proud of its liberal Democratic values.

This can be a city where it’s safe to walk and bike on the streets and where clean, reliable buses and trains have priority over cars.

This can be a city where all kids get a good education in public schools.

Despite all the economic woes, this is one of the richest cities in one of the richest countries in the history of human civilization. There are no economic or physical or scientific or structural constraints to reimagining the city. The only obstacles are political.

In the next two years, control of City Hall will change dramatically. Five seats on the Board of Supervisors are up in November, and the mayor’s office is open the year after that. The progressives have made great progress in the past few years — but downtown is gearing up to try to reverse those advances. The community congress needs to address not just the battle ahead, but describe the outcome and explain why San Francisco’s future is worth fighting for.

A new community congress

2

Bad times are great times to try new ideas – the second Community Congress convenes Aug. 14 and 15 at the University of San Francisco

EDITORIAL The first time a group of activists from across San Francisco met in a Community Congress, it was 1975 and the city was in trouble. Runaway downtown development was creating massive displacement and threatening the quality of life. Rents were rising and tenants were facing eviction. An energy crisis had left residents and businesses with soaring power bills. The manifesto of the Congress laid out the problem:

“Every poor and working class community in San Francisco has learned the hard way that its interests are at the bottom of the list as far as City Hall is concerned. At the top of the list are the banks, real estate interests, and large corporations, who view San Francisco not as a place for people to live and work and raise families, but as a corporate headquarters city and playground for corporate executives. By using their vast financial resources, they have been able to persuade local government officials that office buildings, hotels, and luxury apartments are more important than blue-collar industry, low-cost housing and decent public services and facilities.”

The Community Congress hammered out a platform — a 40-page document that pretty much defined what progressive San Francisco believed in and wanted for the city. It included district elections of supervisors, rent control, public power, a requirement that developers build affordable housing, and a sunshine ordinance — in fact, much of what the left has accomplished in this town in the past 35 years was first outlined in that document.

Beyond the details, what the platform said was profound: it suggested that the people of San Francisco could reimagine their city, that local government could become a force for social and economic change on the local level, even when politics in Washington and Sacramento were lagging behind. It called for a new relationship between San Franciscans and their city government and looked not just at what was wrong, but what was possible.

That’s something that too often gets lost in political debate today. With urban finances in total collapse, the progressives are on defense much of the time, trying to save the basic safety net and preserve essential programs and services. It seems as if there’s little opportunity to talk about a comprehensive alternative vision for San Francisco.

But bad times are great times to try new ideas — and when the second Community Congress convenes Aug. 14 and 15 at the University of San Francisco, that’s exactly what they’ll be trying to do. It’s not going to be easy — the left in San Francisco has always been fractious, and there’s no consensus on a lot of central issues. But if the Community Congress attracts a broad enough constituency and develops a coherent platform that can guide future political organizing efforts, it will have made a huge contribution to the city.

The event also offers the potential for the creation of a permanent progressive organization that can serve as a forum for discussion, debate, and action on a wide range of issues. That’s something the San Francisco left has never had. Sup. Chris Daly tried to create that sort of organization but it never really worked out. The city’s full of activist groups — the Tenants Union, the Harvey Milk LGBT Club, the Sierra Club, and many others — that work on important issues and generally agree on things, but there’s no umbrella group that can knit all those causes together. It may be an impossible dream, but it’s worth discussing.

The organizers of the Community Congress discuss some of their agenda in the accompanying piece on this page. It should be based on a vision of what a city like San Francisco can be. Think about it:

This can be a city where economic development is about encouraging small businesses and start-ups, where public money goes to finance neighborhood enterprises instead of subsidizing massive projects.

This can be a city where planning is driven by what the people who live here want for their community, not by what big developers can make a profit doing.

This can be a city where housing is a right, not a privilege, where new residential construction is designed to be affordable for the people who work here.

This can be a city where renewable energy powers nearly all the needs of residents and businesses and where the public controls the electricity grid.

This can be a city where the wealthy pay the same level of taxes that rich people paid in this country before the Reagan era, where the individuals and corporations that have gotten filthy rich off Republican tax cuts give back a little bit to a city that is proud of its liberal Democratic values.

This can be a city where it’s safe to walk and bike on the streets and where clean, reliable buses and trains have priority over cars.

This can be a city where all kids get a good education in public schools.

Despite all the economic woes, this is one of the richest cities in one of the richest countries in the history of human civilization. There are no economic or physical or scientific or structural constraints to reimagining the city. The only obstacles are political.

In the next two years, control of City Hall will change dramatically. Five seats on the Board of Supervisors are up in November, and the mayor’s office is open the year after that. The progressives have made great progress in the past few years — but downtown is gearing up to try to reverse those advances. The community congress needs to address not just the battle ahead, but describe the outcome and explain why San Francisco’s future is worth fighting for.

Celebrate popped 16

Pacific Gas & Electric Co. invested some $45 million into a June ballot initiative known as Proposition 16, a change to the state constitution that would have impeded the creation of green municipal electricity programs by requiring a two-thirds majority vote at the ballot. Widely viewed as a bid to secure its lucrative monopoly by snuffing out competitors before they could get on their feet, the utility’s bubble went pop when voters — especially those from PG&E service territory — rejected it.
 
Despite the utility’s deep pockets, a small cadre of public-power advocates and consumer watchdogs across the state worked tirelessly to defeat Prop. 16, employing creativity and volunteer efforts to counter PG&E’s slick, well-funded marketing campaign.

On Thursday, Aug. 5, the No on 16 Campaign Committee and a host of other individuals and organizations who helped defeat PG&E’s ballot initiative will hold a victory workshop and celebration at The Merchants Exchange Building in San Francisco.

The event is two-fold: From 1 p.m. to 5 p.m., a workshop will be held to examine California’s grassroots response to Prop. 16, and to discuss strategies for building a renewable, clean-energy infrastructure throughout the state. At 5:30 p.m., a celebration will get under way with food, music, and a campaign awards ceremony. For more information and to RSVP, attendees should visit www.celebrateno16.org

Sup. Ross Mirkarimi, Marin County Sup. Charles McGlashan, former California Energy Commissioner John Geesman, and others will lead a panel discussion during the workshop. In San Francisco, Mirkarimi was a key opponent of Prop. 16, bringing the Board of Supervisors on board in opposing the initiative, and traveling to Sacramento to speak out against it. He chairs a local commission working to implement CleanPower SF, an ambitious citywide clean-energy program.

No on 16 Victory Workshop and Celebration (free)
Thursday, August 5, 2010; Workshop 1:00-5:00 p.m., Celebration 5:30 p.m. 
The Merchants Exchange Building, Julia Morgan Ballroom, 465 California St, San Francisco

Congestion pricing plan headed to board this fall

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San Francisco is now one step closer to becoming the first American city to implement a congestion pricing plan as the San Francisco County Transportation Authority staff prepares to present their final study findings to the Board of Supervisors this fall.

Dubbed the San Francisco Mobility and Access Pricing Study, the investigation considered the costs and benefits of charging drivers a fee to enter or leave the most traffic-burdened areas of the city. The million-dollar study was funded through the Federal Highway Administration’s Value Pricing Pilot program.

“We’ve been looking at how we improve transportation options and conditions today and also how our city can grow in a sustainable and competitive way in the future,” SFCTA deputy director for planning Tilly Chang said Tuesday in the first in a series of public meetings.

According to the Transportation Authority, congestion pricing generally tends to “pick off people on the margin,” prompting drivers who don’t really need a car to ride the bus, walk or bike instead. If the system runs according to plan, commuters would see a 21 percent reduction in time spent on roadways and cause a 5 percent reduction in local greenhouse gas emissions.

“We also want to solve very real and current congestion problems, particularly for our surface transportation,” Chang said. “Our buses are operating on our city streets at rather low speeds.”

What’s more, the system is projected to bolster city revenue by more than $60 million annually. Zabe Bent, SFCTA principal transportation planner, said that extra revenue would be a necessity considering the enormous boom predicted for the city.

“Over the next 20 years, the region expects to add 150,000 residents and 230,000 more jobs,” Bent said. “This is essentially the population of Santa Rosa and all the jobs in Oakland today. So that’s pretty significant growth by 2030.”

Congestion pricing, Bent said, is an option that will both remedy the population increase and lighten the load of an underfunded public transportation system.

“We need to have solutions that are both managing demand and also generating revenue so that we can fund much needed improvement projects,” Bent said. “Some of that, we want to spend on capital improvements that could be provided up front or over the course of the program as well as Muni operating improvements on an annual basis.”

The toll zone has yet to be determined and the exact amount to charge drivers remains subject to change. Bent said that the model evaluated fees between 50 cents and $5. “A $3 fee in peak periods seems like the most viable option,” she said. “We’ve found that cost to be the most balanced. It encourages a substantial number of people to reduce congestion but yet doesn’t overwhelm the system.”

The most likely candidate for paid use is the area east of Laguna and Guerrero streets and north of 18th Street, a section the group is calling the Northeast cordon. A similar program was implemented in London more than five years ago, with drivers subject to fees upon entering central parts of the city. Stockholm, Singapore, and Rome also have congestion charges in place. Most recently, the city of New York supported charging drivers $8 upon entering the highly congested streets of Manhattan. However, the fledgling plan died after reaching the State Assembly last year.

Although the program was modeled after pricing plans in other countries, transportation officials said that the plan intends to account for the uniqueness of San Francisco, perhaps even using current electronic collection technology such as FasTrak.

“We want to preserve the urban design of the city,” Bent said. “We’ve heard ideas of mounting camera-based detectors on our existing mast arms or, potentially, new signs on the streets. Essentially, it would look very much like a red light running camera.”

The Transportation Authority held two informational meetings this week and has plans for two lunchtime webinars in August. Transportation officials said that the meetings were arranged with public feedback in mind, with each session containing an electronic polling segment and ample time for dissenters to ask questions.

To ease the minds of skeptics, Chang was careful to note that the congestion pricing plan would not be approved or finalized immediately.

“By no means would we be looking at doing anything tomorrow,” Chang said. “We understand that now is not any time to be adding to existing burdens and costs, but what we are trying to do is anticipate the city’s growth and development needs.”

Despite the lengthy timeline, the plan has come under attack by business owners and regional commuters. Hut Landon, executive director of San Francisco Locally Owned Merchants Alliance, worried that a $3 fee might deter customers from visiting shops within the cordon, thereby slashing profit.

“Any policy that will have a negative affect on businesses is misguided,” he said. “Local businesses are revenue and job generators and doing something that gives people less incentive to shop in certain areas is, I would argue, bad for San Francisco.”

Newsom’s budget and DCCC hypocrisy

9

Hypocrisy hung thickly in the air at City Hall today as Mayor Gavin Newsom refused to responsively address glaring contradictions on a pair of high-profile policy stances, pursuing naked self interest while cloaking himself in deceptive but high-minded rhetoric. Newsom used the city budget-signing ceremony to effusively praise the labor unions that he publicly shamed into giving back $250 million over two years to balance the budget without tax increases, a budget that cut services and increased various fees and fines.

“Labor has been under attack in this state and country. They’ve become a convenient excuse for our lack of leadership in Sacramento and around the country,” Newsom said without blushing, defending unions against pension reform measures such as Public Defender Jeff Adachi’s SF Smart Reform, which he opposes while continuing to support the need for pension reform.

But Newsom seemed unaware that the layoffs, forced furloughs, and voluntary pay cuts accepted by the unions that he publicly demonized just a couple months ago and now praises – whose support he needs for his current run for lieutenant governor – is connected to his steadfast opposition to new taxes, which he reiterated today: “We balanced the budget without raising taxes. I don’t believe in raising taxes, we don’t need to raise taxes.”

Despite the fact that just 10 percent of San Francisco businesses pay any business taxes to the city, Newsom opposed and this week helped kill a measure by Board President David Chiu to reform the business tax system in a way that would increase taxes on large corporations, lower them on small businesses, create private sector jobs, bring $25 million per year into the city, and expand the tax burden to 25 percent of businesses, including the large banks, insurance companies, and financial institutions that are now exempt. Instead, labor took a deep hit and the city still faces projected $500 million budget deficits each of the next two fiscal years.

But Newsom’s hypocrisy isn’t confined fiscal issues. After the ceremony, he told reporters that he was sticking by his November ballot measure to ban local elected officials from serving on the Democratic County Central Committee, even after last night insisting that body give him a seat, which they had to change the bylaws to accommodate.

At last night’s DCCC meeting, members of an elected committee that includes four progressive supervisors and three current supervisorial candidates called for Newsom or his proxy John Shanley to explain why he is pushing a policy to ban locally elected officials from serving on the DCCC, a body in which elected state and federal officials automatically get seats.

“This mayor is on record as saying local officials should not serve on the committee,” Sup. David Campos said at the meeting, calling for Newsom to clarify this policy contradiction and offer his reasoning for the policy: “We don’t want to do anything that is inconsistent with what the mayor has said so far.”

Chair Aaron Peskin translated Campos’s comments as indicating “some level of irony or hypocrisy,” but Campos objected, insisting “it’s not a personal attack” but a genuine desire to know why Newsom sought to ban local elected officials after progressives won a majority of the DCCC seats in June.

Both Shanley last night and Newsom today gave the same legalistic answers, noting that he’s not serving in his capacity as the mayor, but as an ex officio member who automatically gets a seat for being the Democratic nominee for a statewide office (although the DCCC legal counsel said Newsom wasn’t entitled to a seat because the bylaws only award a seat when the current holder of the office being sought is a Democrat).

But DCCC member Carole Migden objected to Shanley’s answer, saying of Newsom’s effort to unseat duly elected members, “That’s picking a fight, if we want to be clear…That effects my vote, I have to say. It’s disrespectful and unconstitutional.”

DCCC member David Chiu noted that Newsom’s ballot measure would explicitly ban supervisors and the mayor from serving on the DCCC and said that the mayor still had a few days before the deadline for him to withdraw the measure, which he single-handedly placed on the ballot using his authority as mayor.

But today, when asked by the Guardian, Newsom said he had no intention of either withdrawing the measure or explaining it to the DCCC. When we asked about the contradiction in his positions, Newsom said only, “If the voters support it then it would be the right thing to do.”

He was similarly dismissive when other reporters continued to ask about the controversy, gesturing toward me with a dismissive wave of his hand as he said, “Certain people with certain newspapers major in the minor.”

After being told that Newsom is sticking by his DCCC ballot measure, Chiu told us, “I hope the mayor can move beyond the politics of personality and build a party vehicle that is about unity.”

 

New debate surrounds New Mission Theater

The New Mission Theater, a dilapidated landmark that sits on the 2500 block of Mission Street, has been vacant for years, but controversy surrounding its fate is alive as ever and will be discussed at this afternoon’s July 29 City College of San Francisco Board of Trustees meeting.

In 2004, the city designated the theater as historically significant for its ties to the Mission’s early 20th century “vaudeville and movie house district.” Once upon a time, patrons regularly circulated through its palacial interior, which features Art Deco-syle ornamental metalwork at the ballustrades, plaster moldings imprinted with Greek key motifs, etched Art Deco glass panel doors, ceiling ornaments with floral motifs, and a balcony adorned with a frieze of garlands and urns, according to a landmark designation file.

Plans to restore and reopen the theater have been in the works for several years, and a 100-percent affordable housing development adjacent to the theater could move forward if everything falls into place. That’s turning out to be a big ‘if.’

In 2005, CCSF sold the theater, along with an adjacent shuttered Giant Value store, to Gus Murad — Medjool restaurant owner and a former small business commissioner appointed by Mayor Gavin Newsom — for $4.35 million, according to CCSF counsel Greg Stubbs. Now, CCSF is considering initiating foreclosure proceedings against Murad due to nonpayment. He owes more than $2 million on the property, according to notice of default issued June 21. During open and closed sessions at the July 29 Board of Trustees meeting, trustees will decide whether to proceed with taking back the property from Murad or grant him a 120-day extension. Murad is expected to offer his pitch for an extension at the meeting.

CCSF board member John Rizzo told the Guardian he was fed up with the missed payments. “Gus Murad keeps assuring us, oh yes, it’s going to happen, we’re on the verge,” Rizzo said. “But the affordable housing is not being built,” he said. If CCSF took the property back, “we wouldn’t sell it for market-rate housing,” he added. “We would want to see affordable housing.”

P.J. Johnston, a spokesperson for Gus Murad, declined to answer questions about possible foreclosure but told the Guardian that the central goal is to create 85 to 100 affordable units in the heart of the Mission. “We’ve been working with Mission Housing and hopefully are very close to a reaching an agreement with Mission Housing and the Mayor’s Office of Housing, which would obviously be a chief funder of the project,” he said.

Securing financing and reaching a deal with Mission Housing and the Mayor’s Office of Housing would allow Murad to square things away with CCSF, get the ball rolling on the development, and get something out of his investment.

Murad initially planned to develop market-rate housing on the lot curently occupied by the Giant Value storefront, but switched to an affordable housing project 1.5 years ago, Johnston said. Plans have always included rehabbing the theater. Negotiations with Bernal Housing came close to a deal, but ultimately fell through, he said. Now, Murad is hopeful that CCSF will grant a 120-day extension and a deal with Mission Housing can be secured in time.

“It has been a challenging time for the economy as it relates to land use,” Johnston said. “And it’s been a very difficult couple of years for restaurants.”

Mayor’s Office on Housing Director Doug Shoemaker declined to comment for this story.

Chris Jackson, a trustee, said he worried that if CCSF were to move ahead with foreclosure, “it’ll probably scuttle the affordable housing project. I’d rather wait an extra four months to bring affordable housing than just put the screws to the guy,” Jackson said. “If it was a market-rate project, I’d be like no, give us the money.” Jackson said under state law, any funds generated by a sale of the property — which was originally purchased with bond money — would have to go back into the capital project fund, and couldn’t go into college’s operations budget. “It won’t go to save one class at City College,” he explained. “It just goes into capital project reserves.”

Rizzo noted that certain “political forces” aligned with Newsom had been contacting board members in advance of the meeting to try and persuade trustees to grant an extension for Murad, who will clearly benefit if he is allowed to hold onto the property. Murad has hosted campaign fundraisers for Newsom in the past and has contributed to campaigns of the mayor’s political allies. It isn’t the first time the New Mission Theater development has generated political buzz.

When an earlier incarnation of Murad’s plans for the New Mission Theater and adjacent lot came before the Board of Supervisors in Feburary of 2009, it generated some controversy. Murad had won approval from planning staff for a 20-foot height extension that would have brought his housing project to 85 feet, but that was rejected by the Board of Supervisors. In an odd twist, a typo kept the 85-foot limit intact, so the Board was required to vote again to bring it down to the 65 feet they approved. When Mayor Newsom vetoed the board’s second vote, Sup. Chris Daly lambasted Newsom for engaging in “pay-to-play politics.”

Board had to ask for Lennar’s approval…

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Images by Luke Thomas

The Board of Supervisors found itself in the humiliating position July 27 of having to ask for the approval of Lennar and the city’s Redevelopment Agency before it could amend Lennar’s massive redevelopment plan for Candlestick Point-Hunters Point Shipyard.

If that’s not an argument for reforming how this city approaches redevelopment, I don’t know what is. Especially since the Board’s meeting illustrated only too well how thoroughly Lennar’s local executives, who used to work for the city under Mayor Willie Brown,  understand this game and how to outfoxed any resistance to their ongoing effort to eat San Francisco whole.

“This is a rare opportunity,” Sup. Sophie Maxwell said ahead of the Board’s 10-1 vote (Sup. Chris Daly was the lone dissenting voice) to approve Lennar’s entire plan. “It focuses public and private investment into an area that has lacked it in the past,”continued Maxwell, who represents the district that encompasses the shipyard and Candlestick Point. ” It’s unmatched by any development project in San Francisco. This project is large and complicated, no doubt. But let us not be fearful of this project because of its scale, because how else can we transform a neglected landscape?”

But who wouldn’t be afraid of a deal that found Maxwell, Board President Chiu and Sups. Michela Alioto-Pier, Carmen Chu, Bevan Dufty and Sean Elsbernd joining forces to vote against Sup. Ross Mirkarimi’s proposal that Lennar be required to include a non-bridge alternative?

And who wouldn’t be doubly afraid, given that these six supervisors took that vote after Michael Cohen, Mayor Gavin Newsom’s top economic advisor, was unable to point to a single document to support his claims that Lennar’s $100 million bridge over an environmentally sensitive slough is actually needed?

Talk about scary.

To his credit, Mirkarimi did a good job of illustrating what’s wrong with a process that allows a private developer like Lennar to pitch plans and get mayoral appointees to approve them, but doesn’t allow San Francisco’s elected officials to make any amendments unless the developer and Redevelopment agree.

At the root of this travesty is the fact that redevelopment law trumps municipal law, a power imbalance that creates a shadow government in those few municipalities in California where the city council or board of supervisors is not the same entity as the Redevelopment Commission.

San Francisco is one such municipality, and, as Mirkarimi explained, this is not the first time that Redevelopment’s plans have trumped the concerns of local residents.

“I’m the supervisor for the Fillmore, the first urban renewal laboratory took place in my district, and I vowed to never let it happen again, ”Mirkarimi said, referring to the massive displacement of African Americans and Japanese Americans that took place when Redevelopment decided to makeover the Fillmore in the 1960s.

“I’ve been told, “Don’t worry, Ross, this is not going to happen. We’re not going to use eminent domain,’” Mirkarimi continued. “Well, Jeez, that’s a consolation! Because even when we’ve exercised our legislative influence and given our blessing, [Redevelopment] unilaterally changed the plan after it left the Board. That suggests a condescending role in which the developer is able to go to the Redevelopment Commission and have a unilateral change.”

Mirkarimi was referring to how proposed rental units on Parcel A, the first parcel of shipyard land released for redevelopment, became for-sale condos at Lennar’s request, without the Board having any recourse, even though the area surrounding the redevelopment is ground zero for the city’s last remaining African American community and home to other low-income communities of color.

Deputy City Attorney Charles Sullivan explained that the s supervisors would require the approval of the developer and Redevelopment to amend Lennar’s latest plan, under Redevelopment law. Failing that, their only recourse would be to reject Lennar’s plan in its entirety–a nuclear option that only Daly seemed prepared to carry through.

Sup. David Campos noted that the city’s legal advice had been “somewhat of a moving target.” His comment suggested the Board had  been misled in the critical weeks before this final vote, including ahead of the Board’s July 14 vote to accept certification of the project’s final environmental impact report.

“When a number of us raised questions about the EIR, we were told we couldn’t, but that we would probably be able to make changes to the substantive plan,” Campos recalled. “But now we are getting a more complicated answer.”

Deputy City Attorney Sullivan said the situation was complicated, because some of the proposed amendments “don’t involve a simple stroke of the pen.”

But Campos pointed to the fact that Board President Chiu had introduced an amendment that only allows for a 41 ft. bridge across Yosemite Slough, thereby halving the width of the 82 ft. bridge that Lennar is proposing to build.

That amendment, which Chiu introduced July 12,  leaves the door open for the 82 ft. version of the bridge, if the 49ers indicate interest in a new stadium on Hunters Point Shipyard, a possibility the city claims is still alive, even though Santa Clara voters approved a new stadium for the 49ers this June.

“So, why can you amend the plan to include a scaled-down version of the bridge but not eliminate it altogether?” Campos asked.

“You can make that motion by voting not to approve the project,” Sullivan said.

“So, the change has to point to something already embedded in the project?” Campos asked.

“Or not be a rejection of everything that’s already been brought forward,” Sullivan replied.

After Mirkarimi proposed his no-bridge alternative, along with a slew of other amendments that Daly, Campos, and Sups. Eric Mar and John Avalos had been working on to strengthen the proposed development, Cohen, Mayor Gavin Newsom’s top economic advisor, huddled somewhere in City Hall along with Kofi Bonner,  Lennar’s top local executive and Fred Blackwell, the head of SF’s Redevelopment Agency to decide which of the Board’s amendments they would accept.

Cohen returned with the amendments organized into three categories: acceptable as written, modified, and completely unacceptable.

And predictably enough (to anyone  tracking Lennar’s insistence on a bridge) Mirkarimi’s no-bridge amendment had been tossed into the “unacceptable” pile.

“With regards to your insistence on the economic reasons for the bridge, please point to which document says that,” Mirkarimi said, leafing through the project materials that were piled on his desk.

Cohen mentioned a number of factors, including an alleged “lessening of attractiveness,” “a lower density product” and a reduction of property tax revenue that would be available through tax increment financing to pay for Lennar’s proposed bridge.

“Yes, but I’m still trying to look for the information, and all I’m hearing is this pitch,” Mirkarimi replied. “The economic study is absent. There are no supporting documents here. This is why I feel it’s justified for use to have a review of this.”

Cohen talked some more about “rigorous public discussion over a number of years.”

“But there is no economic study,” Mirkarimi repeated. At which point a deafening silence pervaded the Board’s venerable chambers, much as if the emperor had shown up without his proverbial clothes.

Deputy City Attorney Sullivan broke the silence by indicating that the only way for the Board to move a no-bridge alternative forward would be to stop all project approvals and send the plan back to Redevelopment.

And Mirkarimi reminded the supervisors that at the Board’s July 13 hearing, Cohen had said that there was no conclusive evidence around the need for the bridge.

But then the Board voted 6-5 against Mirkarimi’s proposal, a move insiders said was more about not pissing off Labor, which hopes to create jobs for iron workers, and not pissing off Lennar, whose control runs deep and wide, and less about being convinced of the actual need to build over the last unbridged waterway in the city’s southeast sector.

And a couple of amendments later, the Board gave its blessing and it was all kisses and hugs and applause in the Board Chambers, even though the folks from Dwayne Jones Communities of Opportunities (COO) program, who usually show up to support the plan, strangely weren’t in attendance, rumoredly because their program has been cut off at the knees in the last few weeks, following Jones resignation as COO’s director.

“I wish we had been able to eliminate the bridge,” Campos told me after the Board’s final vote. “I think part of the challenge we have is to reexamine how Redevelopment works and explore the potential for taking it over.”

Mirkarimi was satisfied that he had dissected the arguments against the no-bridge alternative, but feared that institutional memory is lacking on the Board, and that without fundamental Redevelopment reform, the city is in danger of seeing this kind of travesty repeated, over and over.

“A lot of my colleagues have not been involved in the debacle,” Mirkarimo said, referring to how Redevelopment’s infamous role dates back five decades, and how Lennar has been working the local political scene for longer than most of the Board’s current members.

But Maxwell was all smiles.
“I did my homework a long time ago, that’s why they couldn’t touch the core of the project,” she said. “They just added to and augmented it.”

With Maxwell’s days on the Board drawing to a close, I asked what she’s contemplating doing next.

“Sophie is looking into water policies and conservation,” Maxwell said. “Without blue there is no green.

It was about then that Mayor Gavin Newsom released a press statement that blabbed on in vaguely frothing terms about what would happen next.

“Now we can truly begin the work of transforming an environmental blight into a new center of thousands of permanent and construction jobs, green technology investment, affordable housing and parks for our City,” Newsom said

His words came shortly before Bonner said that Lennar would now start looking for investors, and shortly after Cohen admitted that it could be years before anything in Lennar’s plan actually gets built. But none of them mentioned that the Sierra Club and other environmental groups are planning to sue the City over the bridge, an outcome that could have been averted, Sierra Club officials warned, if the No-bridge alternative had been  included in the final redevelopment plan.

Stay tuned….

 

DCCC seats are fine for Newsom, just not supervisors

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Mayor Gavin Newsom is seeking to be seated on the San Francisco Democratic County Central Committee when it swears in newly elected members tonight, even though the body’s legal counsel says he’s not entitled to a seat and Newsom has put a measure of the November ballot that would prohibit local officials from serving on that body.

Newsom and his supporters, most prominently DCCC member and District 8 supervisorial candidate Scott Wiener – who fears the progressive-dominated body will endorse and support his more progressive opponent, Rafael Mandelman – argue that being the Democratic nominee for lieutenant governor should give him a seat on the DCCC.

But the longtime legal counsel for DCCC, Lance Olson, doesn’t agree, citing bylaws that indicate that only nominees for statewide offices currently held by Democrats get seats on the body. So District Attorney Kamala Harris, the Democratic nominee to succeed Attorney General Jerry Brown, gets an ex officio seat (those held by state and federal elected officials and regional party leaders) but Newsom doesn’t because he’s running against incumbent Lieutenant Governor Abel Maldonado, a Republican.

DCCC chair Aaron Peskin, a political opponent of Newsom, told us the rules are the rules and that if Newsom thinks that it’s in the interests of the Democratic Party for him to have a seat, “He’s going to need to make an argument why we should amend the rules.” Peskin even offered to introduce a rule change for discussion if Newsom does so.

While Wiener wrote (in a letter quoted by the Chronicle) that seating Newsom would be about party unity, Peskin notes that Newsom has actually been a practitioner of the “politics of spite and division,” particularly after he responded to the success of the progressive DCCC slate in the June election by trying to ban local officeholders from the body (several progressive members of the Board of Supervisors successfully ran for the DCCC), claiming the body should be like a farm team for building the party.

“It really begs the question: why is he seeking to do himself what he doesn’t want others to do?” Peskin asked.

Newsom’s office didn’t respond to our inquires about the matter. BTW, in his letter to Peskin, Newsom proposed that attorney John Shanley be his proxy and journalist and political gadfly Warren Hinckle be his alternate. The meeting begins at 7 p.m. in the state building at 455 Golden Gate.

Herrera’s right to appeal the Alioto-Pier decision

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I’m not exactly sure what Ken Garcia was trying to say here — his argument is rambling and makes no sense — but Dennis Herrera really had no choice: He had to appeal the Alioto-Pier decision.


The Superior Court ruling in the case screws up the city’s term-limits law. It’s not clear now, for example, when Sup. Carmen Chu will be termed out. It’s not clear whether the mayor can appoint someone midway into a vacant term and essentially give that person an extra two years on the board. And one ruling from one Superior Court judge doesn’t clarify the law (which the judge acknowledged was at the very least ambiguous) or set a binding precedent.


When the voters approved district elections, they also approved term limits; everyone gets two four-year terms. But under Judge Peter Busch’s decision, that’s no longer true.


Suppose, for example (and this is a wild scenario, but such things happen in local politics) that Gavin Newsom gets elected lieutenant governor (entirely possible) and in January, the newly elected supervisors choose the next mayor. Here’s what happens: The board president becomes interim mayor until somebody lines up six votes.


So let’s say (and this just happened with David Chiu) that one of the newly-elected, first-time supervisors — Debra Walker, or Rafael Mandelman, or Scott Weiner, or Jane Kim, or someone else — lines up six votes and becomes board president, and thus mayor. Then he or she immediately appoints a successor as supervisor. That person gets a free four-year term that doesn’t count against term limits at all.


So the city needs clarity, and the only way to get it is to ask the Appeals Court to weigh in. And if it turns out that the current law does, indeed, set a double standard, and that appointed supervisors get special treatment, then the board needs to be a Charter amendment on the ballot fixing the problem.


If Sup. Alioto-Pier wants to claim this is just politics, let’s remember: She’s already run for Congress, for secretary of state, and was planning to run for insurance commissioner until she fell ill this spring. Now that nothing else has worked out, she wants another term on the board. She has every right to challenge Herrera’s opinion, but asking him to apologize is wrong; he’s just doing his job.

Board progressives ditch their own tax measures

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After failing to win support from the small business community for a measure that would have helped it and fearing a well-funded attack from large corporations, Board of Supervisors President David Chiu today made the motion to reject his business tax reform ballot measure.
Labor leaders have also raised concerns about not having enough resources to fight for several revenue measures on the November ballot, mostly because they are focused on approving a hotel tax increase, supporting progressive supervisorial candidates, and defeating Jeff Adachi’s measure to increase how much city employees pay for health care and into their pensions.
“There is still not consensus about whether this should move forward,” Chiu said of his measure, which also suffered from being complicated and not easy to explain in an election campaign. It would have created a more progressive payroll tax structure – increasing taxes on large corporations and lowering them on small businesses – and a commercial rent tax that also would have exempted small businesses, raising about $25 million for the city and creating hundreds of private sector jobs, according to the city’s Office of Economic Analysis.
But the fear among some progressives is that too many revenue proposals would hurt their individual chances, given that the ballot will now include a hotel tax increase, a real estate transfer tax on properties worth more than $5 million (which the board approved today on an 8-3 vote), a $10 local surcharge on vehicle license fees, and a parcel tax from the Community College District.
So Sup. Ross Mirkarimi today also abandoned his proposal to increase the city’s parking tax from 25 percent to 35 percent, which would have raised about $25 million per year. Both Chiu and Mirkarimi said their measures were good policy and would have raised desperately needed revenue, but they were bowing to political reality.
“We’re challenged by the practicality of mounting a fall campaign around these revenue measures,” Mirkarimi said at the meeting.
The board voted 10-1 to table both measures, with a dissenting vote by Sup. Chris Daly, who said, “I just disagree with that political analysis.” He said voters would consider the measures individually and “I don’t think disappearing a progressive payroll tax and progressive parking tax are going to help the real estate transfer tax.”

City Hall standoff

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steve@sfbg.com

Backroom politics, vote-trading, threats, and tricky legislative maneuvering marked — some would say marred — the approval of the city’s 2010-11 budget and a package of fall ballot measures.

For weeks, Mayor Gavin Newsom had been threatening to simply not spend the roughly $42 million in budgetary add-backs the supervisors had approved July 1, mostly for public health and social services, unless they agreed to withdraw unrelated November ballot measures that Newsom opposes (see "Bad faith," July 14).

The board’s July 20 meeting included a flurry of last-minute maneuvers interrupted by an hours-long recess during which Newsom, Board President David Chiu, and their representatives negotiated a deal that was bristled at by progressive supervisors and fiscal conservative Sup. Sean Elsbernd.

Ideological opposites Elsbernd and Sup. Chris Daly voted against motions to delay consideration of several measures — including splitting appointments to the Rent, Recreation and Park, and Municipal Transportation Authority boards; revenue measures; and requiring police foot patrols — until after approval of the city budget.

"What is the connection between [seismic retrofit] bonds and the budget?" Elsbernd asked as Budget Committee chair John Avalos made the motion to delay consideration of the $46 million general obligation bond Newsom proposed for the November ballot.

Avalos made an oblique reference to "other meetings" that were happening down the hall. Daly then criticized the maneuver, noting that "vote trading is illegal," later citing a 2006 City Attorney’s Office memo stating that supervisors may not condition their votes on unrelated items.

But that didn’t stop supervisors from engaging in a complex, private dance with the Mayor’s Office and other constituencies that day. In the end, the board approved the budget on a 10-1 vote, with Daly in dissent. Then Chiu provided the swing vote to kill the progressive proposal to split with the mayor appointments to the Recreation and Park Commission, with Sups. Daly, Avalos, Ross Mirkarimi, David Campos, and Eric Mar on the losing end of a 5-6 vote to place the measure on the fall ballot.

A measure to split appointments to the Rent Board was defeated on a 10-1 vote, with Daly dissenting, although that seems to be tactical concession by progressives. Campos, who sponsored the measure, said landlord groups were threatening an aggressive campaign against the measure that would also seek to tarnish progressive supervisorial candidates.

Removal of an MTA reform measure from the ballot, another mayoral demand, was also likely at the July 27 meeting (held after Guardian press time). Chiu told his colleagues July 20 that he was still negotiating with the mayor on implementing some of its provisions without going to the ballot this year.

Chiu rejected the notion that he cut an inappropriate budget deal, saying he was concerned the split appointment measures would be portrayed as a board power grab, noting that community groups need the funding that Newsom was threatening to withhold, and saying the board’s threats not to fund Newsom’s Project Homeless Connect facility and Kids2College Savings program were also factors in the deal.

"We were engaged with a number of conversations, they all took time, and we didn’t finish until very late," Chiu told us.

Even Daly acknowledged supervisors had few options to counter Newsom’s threats, but told us, "It’s just not the way we should be doing things."

The decision on three revenue measures (a parking tax increase, property transfer tax, and business tax reform) was set for July 27, with sources telling the Guardian that only one or perhaps two would make it onto the ballot. Newsom opposes all of them. Also hanging in the balance was Mirkarimi’s ballot measure requiring police to do more foot patrols, as well as another version in which Chiu added a provision that would invalidate the Newsom-backed ordinance banning sitting or lying on sidewalks, a retaliation for Newsom inserting a similar poison pill in his hotel tax loophole measure that would invalidate the hotel tax increase that labor put on the ballot if it gets more votes.

But most of the action was on July 20. The Transportation Authority (comprised of all 11 supervisors) voted 8-3 (with Chiu, Avalos, and Mar opposed) to place a $10 local vehicle license fee surcharge on the ballot, which would raise about $5 million a year for Muni. A Daly-proposed ballot measure to create an affordable housing fund and plan failed on 4-7 vote, with only Campos, Mar, and Chiu joining Daly.

There were some progressive victories as well. A charter amendment by Mirkarimi to allow voters to register on election day was approved 9-2, with Elsbernd and Alioto-Pier in dissent. A Chiu-proposed measure to allow non-citizens to vote in school board elections was approved 9-2, with Elsbernd and Carmen Chu voting no. And a Daly-proposed charter amendment to require the mayor to engage in public policy discussions with the board once a month was approved 6-5, opposed by Dufty, Alioto-Pier, Elsbernd, Maxwell, and Chu.

But the busy day left some progressives feeling unsettled. "How do you do this and not be trading votes?" Campos told us. "In the end, we’re saving programs, but what does it say about the institution of the board?"

Newsom spokesperson Tony Winnicker denied that the mayor made inappropriate threats, but confirmed that a deal was cut and told us, "Yes, the Mayor made his concerns about the budget clear. Yes, the mayor made his concerns about the charter amendments clear."

The mayor’s horrible deal

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EDITORIAL Mayor Gavin Newsom put the supervisors in a terrible position — and showed the worst kind of political arrogance — when he held $43 million worth of critical services hostage to his desire to continue packing commissions with political hacks. The deal he presented to the board was shameful, and the supervisors should have rejected it. And now they should pass legislation to make this sort of logrolling illegal.

The mayor’s original budget plan included sharp cuts to a wide range of services. The supervisors’ Budget Committee found a way to add back more than $40 million in funding for things like psychiatric beds at SF General Hospital, violence-prevention programs, and public financing for the next mayor’s race.

But under the City Charter, the mayor can simply refuse to spend that money — and that’s what Newsom said he would do. That is, unless the board would agree to reject two proposed charter amendments to reform the Municipal Transportation Agency and the Recreation and Park Commission.

Let’s remember: the MTA and Rec-Park measures have nothing to do with the budget. The board wanted to overhaul those departments (and give the board some appointments) because they’re a mess; the Rec-Park Commission, appointed entirely by the mayor, is a rubber-stamp agency that votes with nearly 100 percent unanimity on every issue. The MTA has served as a slush fund for the police department at a time when bus lines are cut and fares keep going up.

Newsom told board members that he could, indeed, restore the funding they wanted; the money was there. But he wouldn’t. In other words, he would allow desperately ill people to be turned away from SF General for lack of a bed — if the board didn’t stand down on its reforms. And by a 6-5 margin, with Board President David Chiu providing the critical vote for the mayor’s agenda, the board went along with the deal.

Even worse: Chiu and his colleagues gave up their charter amendments. But the mayor didn’t give up his: a Newsom measure that would prevent elected officials (like Chiu) from serving on the Democratic County Central Committee is still on the ballot.

Five of the progressives on the board hung tough, and Sups. John Avalos, David Campos, Chris Daly, Eric Mar, and Ross Mirkarimi deserve credit for refusing to accept a bad, embarrassing deal.

But in the end, the board got rolled. The mayor played tough and a majority of the supervisors folded. If a supervisor proposes trading one piece of legislation for another, it would violate state law. That doesn’t apply to the mayor — but it should. The board should immediately pass legislation outlawing vote trading for all local elected officials, including the chief executive. Let’s see if Newsom wants to veto that.

The mayor’s horrible deal

0

The Supervisors should pass legislation outlawing vote trading for all local elected officials, including Newsom

EDITORIAL Mayor Gavin Newsom put the supervisors in a terrible position — and showed the worst kind of political arrogance — when he held $43 million worth of critical services hostage to his desire to continue packing commissions with political hacks. The deal he presented to the board was shameful, and the supervisors should have rejected it. And now they should pass legislation to make this sort of logrolling illegal.

The mayor’s original budget plan included sharp cuts to a wide range of services. The supervisors’ Budget Committee found a way to add back more than $40 million in funding for things like psychiatric beds at SF General Hospital, violence-prevention programs, and public financing for the next mayor’s race.

But under the City Charter, the mayor can simply refuse to spend that money — and that’s what Newsom said he would do. That is, unless the board would agree to reject two proposed charter amendments to reform the Municipal Transportation Agency and the Recreation and Park Commission.

Let’s remember: the MTA and Rec-Park measures have nothing to do with the budget. The board wanted to overhaul those departments (and give the board some appointments) because they’re a mess; the Rec-Park Commission, appointed entirely by the mayor, is a rubber-stamp agency that votes with nearly 100 percent unanimity on every issue. The MTA has served as a slush fund for the police department at a time when bus lines are cut and fares keep going up.

Newsom told board members that he could, indeed, restore the funding they wanted; the money was there. But he wouldn’t. In other words, he would allow desperately ill people to be turned away from SF General for lack of a bed — if the board didn’t stand down on its reforms. And by a 6-5 margin, with Board President David Chiu providing the critical vote for the mayor’s agenda, the board went along with the deal.

Even worse: Chiu and his colleagues gave up their charter amendments. But the mayor didn’t give up his: a Newsom measure that would prevent elected officials (like Chiu) from serving on the Democratic County Central Committee is still on the ballot.

Five of the progressives on the board hung tough, and Sups. John Avalos, David Campos, Chris Daly, Eric Mar, and Ross Mirkarimi deserve credit for refusing to accept a bad, embarrassing deal.

But in the end, the board got rolled. The mayor played tough and a majority of the supervisors folded. If a supervisor proposes trading one piece of legislation for another, it would violate state law. That doesn’t apply to the mayor — but it should. The board should immediately pass legislation outlawing vote trading for all local elected officials, including the chief executive. Let’s see if Newsom wants to veto that.

Lennar’s plan illustrates San Francisco’s redevelopment problem

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Today, the Board of Supervisors confirmed that though they are elected officials, they have been told that they can’t do anything except second a massive redevelopment plan for the Bayview that was developed, first by Mayor Willie Brown and then by Mayor Gavin Newsom’s administrations. in cohoots with Lennar, an out-of-state private developer, and approved by a bunch of Brown and Newsom’s political appointees.


“At this point, a deal has been done and the Board has been neutralized,” Arc Ecology’s Saul Bloom said today. “It says a great deal about the process.”


Bloom spent today visiting the supervisors to explain the problems with the current Lennar plan, including a bridge that is proposed to be built across the environmentally sensitive Yosemite Slough.


“Sup. Ross Mirkarimi said the bridge plan reminds him of the exact same through way that was argued for during the Fillmore plan,” Bloom said.”That would never happen now, at least not overtly,


Bloom added that shopping the no-bridge alternative around to the Board today wasn’t exactly uplifting.
“The sense we got was that we were dragging a dead body around.”


So far, Board President David Chiu has taken major heat by deciding to suggest a narrower bridge rather than no bridge.


But at least he took a stand. That is more than can be said for those colleagues of his on the Board that sat silently through the July 13/14 proceedings, presumably making sure they can be reelected with the help of deep-pocketed developers.


Here’s hoping that this latest redevelopment charade convinces the progressives on the Board to reform the Redevelopment Agency, so that private developers and political appointees can no longer trump the legitimate concerns of the residents of San Francisco and their duly elected supervisors


And no matter what people in the Bayview have been led to believe, the sad truth if that the promised jobs and housing aren’t likely to happen any time soon.


“The developer is not going to be running hog wild out there,” Bloom observed. “Part of the sad trick is that the only rush was for them to have control over the property.”


Bloom predicts that the plan will ultimately be headed to court.
“They will have lawsuits and elections to contend with,” he said. “The message that the environmental community takes away from all this is that it doesn’t pay to play well. No matter how much you spend to try and ensure that litigation is not the only way to obtain the desired outcome, ultimately the message that comes back from the city and the developer is, ‘Sue us!’ That brings out the worst political conduct not the most appropriate.”


The good news? Lennar’s Treasure Island’s EIR is on the street, and environmental justice advocates should be fully versed in reading such hefty tomes and figuring out where the body is buried. The bad news? Redevelopment and the Mayor’s Office still control the process.

The bridge isn’t the only problem with Lennar’s plan

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I’m glad to see the New York Times circle back to the Candlestick-Shipyard development with an article that was a tad more critical than their previous piece.

But while I enjoyed NYT’s joke about how the proposed bridge over the Yosemite Slough “has become a 950-foot-long chicken bone that keeps getting stuck in San Francisco politicians’ throats,”  I’m afraid the Board is in greater danger of choking on the bones of red herrings that they have been fed about this project,  along with last week’s bombshell that the Board won’t be able to amend Lennar’s plan, after all, when it votes July 27 on this massive proposal..

D. 10 candidate Tony Kelly says if that bombshell turns out to be true, it’ll be another example of what he calls, “The bait and switch and switch,” on the deal.

“I’m worried that the Board is getting advice that is less about a case of not being able to vote, and more a case of, if you vote, you could open up the city to liability,” Kelly said.

“Back in 2008, folks were told, just vote for Prop. G because it’s just a concept and we’ll have a robust conversation about the plan itself, but they’ve been running away from that promise ever since,” Kelly explained. “And during the EIR hearings, we were told that folks were simply approving the environmental impact report, not the plan itself.”

Kelly’s critiques of Lennar’s plan and the process by which it has been winning final approvals helped him win former Board President Matt Gonzalez’s endorsement last week in the pivotal race to replace termed-out D. 10 Sup. Sophie Maxwell.

But Kelly worries about the fallout that the next D. 10 supervisor will be left to mop up, if the Board goes ahead and approves Lennar’s plan, as is.
 
“What I’d dread to see happen is that this plan get bullied through on an up and down vote, and then a fifth, or even a tenth of people’s concerns prove to be true, and the next D. 10 supervisor spends the next 4-8 years apologizing to the people of the Bayview, because they won’t be able to do anything else for the area, and this plan keeps lumbering along and doesn’t even work,” Kelly explained.

He says he wants to know who can amend the plan, if it’s not the Board and when.

“ My concern is that after the July 27 vote, the city and Lennar will never have to come before the Board again,” Kelly said, pointing to the uncritical endorsement of the project EIR that the Planning and Redevelopment Commissions, the lead agencies on the plan, made June 3, and who would likely be tasked with any additional studies and findings.

Sup. Ross Mirkarimi confirmed today that the Board has been told that it has limited reach because of Redevelopment law, which supercedes municipal law.”
“But, nonetheless, I’m going to try to make some amendments,” Mirkarimi said.

He noted that the five amendments that Board President David Chiu introduced July 12 during a Land Use Committee hearing were “very benign.”

‘They mostly restated what was already in the project agreement or project EIR,” Mirkarimi said. “So, they don’t amend much, because they are statements of what has already been evaluated or pre-agreed to by Lennar and the city. And they are very benign because they do not require any changes to the plan.”

Mirkarimi observes that the current process by which the city is trying to push this deal through is designed to lock the Board out.

“There are larger questions in play here about our relationship with the Redevelopment Agency and redevelopment law,” Mirkarimi continued. He notes that San Francisco is one of only a few counties in California where the Board is not the same entity as the Redevelopment Agency.

“It’s long overdue that we return to the idea of having the Board have authority over the Redevelopment Agency, it’s been a problem for 40 years,” Mirkarimi said,  referring to Redevelopment’s disastrous handling of the Fillmore, which resulted in the massive and mostly permanent displacement of the Western Addition’s African American community—a negative consequence that many fear will be repeated by the plan for Candlestick-Hunters Point.

“There is a real capitalization on a starving population which is desirous of and at times desperate for positive changes and for jobs and housing, which is understandable,” Mirkarimi continued. “But absent of any alternative, it’s logical that this plan would move forward.”

In an effort to improve the plan, Mirkarimi says he will try to introduce a range of amendments at the Board’s July 27 meeting.

‘These include an attempt to make sure that whatever changes the Board makes are indeed enforceable,” he said. “And I am not satisfied with the discussion on the bridge, and how the gate has been left open on a bridge of any kind.”

Mirkarimi notes that there has been a lot of fanfare surrounding a community benefits agreement that various community-based organizations, labor and the project proponents entered into, in spring 2008.

“But I think they can do better, especially in reaching out to a community that has a high ex-offender population, and connecting to other disadvantaged communities throughout the city,” Mirkarimi said.

He also wants to ensure that if public power is not implemented, or fails, then Community Choice Aggregation program would automaticcally take over.

Mirkarimi is further concerned that there is nothing in the current plan that defines the percentages of housing units offered for rental and for home ownership.

“We are proposing to build 10,500 units but we have no idea what percentage is rental,” he said, noting that he also has concerns about air quality, air monitoring and parcels of land that have not yet been cleaned up to residential standards.

“Parcel E-2 is the most famous, but it’s not the only one,” he said. “The bridge and Parcel  E-2 have become major distractions in that they have sucked the oxygen out of other areas of these gargantuan project.”

So, is it true that elected officials on the Board can’t amend a plan sent to them by the Redevelopment Agency, whose commissioners are all political appointees of the mayor?

“It’s a yes or no vote, if you will,” a deputy City Attorney told the Guardian, on background, noting that the Board could tell Redevelopment that it doesn’t like the plan and wants the Agency to make some changes and bring it some amendments.

“Ultimately, the Board has the final say, but it has to have gone through the Redevelopment process and its PAC (project area committee) and have seen a plan that has been referred to it by the Planning Commission,” the deputy city attorney continued.“So, they could communicate their dissatisfaction and the agency would have to take their view into account. It’s not that the Board has no authority, but it can’t decide unilaterally.”

The City Attorney’s Office also confirmed that under Redevelopment Law, local jurisdictions can decide how to implement redevelopment plans.

“In a number of jurisdictions, the city council has made itself a Redevelopment entity, just as our Board is also the Transportation Authority in San Francisco,” the deputy said.“And if the same body proposes the plan, it probably will be satisfied.”

The City Attorney’s office noted that if agencies that regulate permits to fill the Bay, as is  required to build a bridge over Yosemite Slough, deny the city those permits, then the city would require amendments to its planning documents, but no further environmental impact review would be required, if the bridge was gone.

With the Board’s July 27 vote around the corner, D. 10 candidate Tony Kelly says he has a bunch of concerns that include, but are not limited to the bridge, starting with the projects financing mechanisms.

Kelly points to the fact that city staff recommended and the Board approved July 13 that “significant blight in the project area cannot be eliminated without the increase in the amount of bonded indebtedness from $221 million to $900 million and the increase in the limitation on the number of dollars to be allocated to the Agency from $881 million to $4.2 billion.”
 

Kelly wants the city to explain to the Board how much tax increment financing money will be left for the Bayview, now that the area’s debt ceiling has been tripled.

“Does this mean that all BVHP property tax revenues for the next 30 years will go towards paying down this debt and nothing else?” Kelly asked. “And what will that mean for the rest of BVHP in terms of service and programs it won’t be able to afford?

Kelly would also like to see the Board request an audit of Lennar’s record on Parcel A. As Kelly points out, the Navy conveyed Parcel to the city in 2004, and the city gave Lennar the green light to develop 1,600 mostly luxury condos on that parcel, in 2006.

“But no one has ever done an audit of Parcel A,” Kelly said. “Given the scrutiny that the Board usually brings to five figure numbers, the supervisors should be demanding this information, since we are dealing with a ten-figure number ($4,220,000,000) in future.”

It would be helpful if the City would also brief the Board as to who it believes will be investing in the project,  including the investment companies’ names,  their board of directors, and whether these companies are based in the US. Rumors are swirling that some project proponents have entered into side-deals that involve limited liability companies that are selling Lennar’s proposed condos to folks in China, and that a $1 million investment in a condo could translate into a work permit for the condo owner or occupant.

Kelly worries that the city and Lennar’s joint redevelopment plan is being allowed to squeak past the Board’s financial review simply on the basis of vague estimates.
“They rely once again on promises that won’t show up,” Kelly said, pointing to a recent report that emerged from the Controller’s Office.

Arc Ecology’s Saul Bloom notes that the Controller used averaged figures in that report, an approach that neatly obscures the fact that many of the project’s alleged and benefits– will not be created or felt for years. Bloom for his part is hoping the Board can introduce a maritime uses amendment. This would allow relatively unskilled jobs to be created at the shipyard in short order, compared to vague promises of  building a green tech office park there, some day.

Last week, Mayor Gavin Newsom’s top economic advisor Michael Cohen suggested that plan amendments would delay project construction.

But Cohen was quick to add that, “702 acres of waterfront land in San Francisco is an irreplaceable asset. It’s not a question of if—but when—it gets developed.”

Others are less sure that Cohen’s much promoted vision will ever translate into reality.

So, here’s hoping the Board will grill Cohen and city staff over the financial details, including the internal rate of return (IRR) that Lennar is demanding, and what will happen to promised community benefits, if the IRR doesn’t pencil out. D. 10 candidates DeWitt Lacy, Chris Jackson and Tony Kelly have suggested that some form of liquidated damages  are needed, but if the City believes these are unnecessary, it should explain why.

And then there are questions about the impact on air quality of the traffic related to an additional 24,500 residents and 10,000 workers into the city’s southeast.

Personally, I was fascinated by an April 2010 report from the Redevelopment Agency in which the agency discussed the challenges of driving piles through contaminated soil, which is what could happen if a bridge is built over the Yosemite Slough. In the past, the city made the argument that the NFL and the 49ers were requiring this bridge.

But last week, in the wake of Santa Clara’s vote in favor of a new stadium for the 49ers near Great America, the city began arguing that the bridge would make the project more attractive to financers, because employers want to get their employees quickly in and out.

This was the first time I ever heard city staff make that particular argument and they made it when it’s still not clear who these employers even are.

 So, let’s flesh out the list of potential employers, so the Board can determine if design decisions are being made in the interest of the local community or out-of-state businesses.

And then there’s the fact that it appears that this proposed $100 million bridge would only save commuters a few minutes, while permanently filling the San Francisco Bay.

Today, the Sierra Club, the Golden Gate Audobon Society, the California Native Plant Society and San Francisco Tomorrow released a report that asserts that the Candlestick Point-Hunters Point Shipyard EIR “misrepresents the need for a bridge.”

“A statistical review demonstrates that a route around Yosemite Slough could be as efficient as a bridge route while being better for the environment,” stated a letter that the Sierra Club-led environmental coalition released today. “It’s time for the Board of Supervisors to reject the bridge alternative and insist that the feasible upland route around Yosemite Slough be seriously considered.”

The letter argues that a regression model result found in the Transportation Study Appendix F of the Candlestick Point-Hunters Point Phase 11 EIR provides “no statistically significant evidence to support the claim that a 5 minute increase in transit travel time would lead to a 15 percent decrease in transit ridership, or, indeed, to any decrease in ridership.”

“Therefore, routing the BRT around Yosemite Slough is as consistent with a transit-first redevelopment goal as a bridge alternative, but without the environmental damage wrought by the bridge,” the Sierra Club-led report states in summary. “The results of the regression analysis used in the EIR and relied upon to support the bridge alternative have been misinterpreted in such a way that even if they were statistically significant they are off by a factor of ten: the decrease in transit ridership associated with 5 extra minutes of transit time would be predicted to be approximately 1.5 percent, not 15 percent,” it concludes.

“When the analysis [presented in the Sierra Club’s letter] is combined with previous analyses by LSA Associates (which estimate the increase in travel time would be approximately 2 minutes, rather than the 5 minutes in the final EIR) and other available information, one must reach the conclusion that the FEIR misrepresents the effect on travel time and ridership that would result from a route around Yosemite Slough. Overall, it poses further questions about the need for a bridge over San Francisco’s largest wetland restoration project.”

The Sierra Club-led report lands two weeks after Board President David Chiu introduced his July 12 package of amendments which seeks to narrow the bridge, not eliminate it, and require the Board to hold hearings before the Navy transfers Parcel E-2 to the city.

It’s a good idea for the Board to require hearings before E-2 is transferred to the city. But does this mean the Board will be able to direct the Navy, when it’s time to decide whether to cap or excavate the contamination in that parcel? The answer appears to be no. All the Board can do is to reject the Navy’s proposed solution.

But how would this work? What would happen then? And Parcel E-2 isn’t the only parcel on the shipyard where seriously nasty stuff has been found and is still be cleaned up.

The good news is that at this point, the project still doesn’t belong to the Board.

The bad news is that, as of tomorrow, it could belong to them, if the supervisors opt to approve Lennar’s plan with a simple up-down vote. And given the rush and the political pressure that the process has been subjected to since 2006, it’s almost certain that some scandal will engulf the project, some time in the future. And this Board of Supervisors’ names will be on it. Even if nothing ever gets built at the shipyard.

“How can the city say nothing will be built for years, because we have promised so much, when they say out of the other side of their mouth, that the only way that we can make these promises to the community, is if the community supports the plan?” Kelly asks. “On what planet do we think this makes sense? I think we are moving out of the solar system with every passing week.”

There’s no crime in members of the Board admitting tomorrow that they have not read the entire plan and don’t understand all the details. As the folks in Alameda humbly admitted last week, when they kicked out developer SunCal, it took them years to understand what was being proposed—including the fact that the project might leave their city in the hole, financially.

But it would be a crime for the San Francisco Board of Supervisors to vote yes on this massive proposal without first having done that homework. Yes, I’ve heard supervisors say in the past they are deferring to Sup. Maxwell, since the project lies in her district. But Maxwell is termed out, and the project will impact all of the city, especially in terms of its ethnic and economic diversity, in future. So, as we’ve said, buyer beware!

 

Rumors fly that Board can’t amend Lennar deal, after all

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For the past month, fireworks and deals have been going on at City Hall as the Board prepares to vote on Lennar’s massive redevelopment plan for Candlestick Point-Hunters Point Shipyard. And recently, the Board vowed to make a slew of amendments to the plan, even as they approved the project’s environmental impact report.

But now it’s beginning to look like the only winners could be the developer—and perhaps those folks at city hall who are staking their political careers on jamming this deal over the finish line, come hell or high water, before the November election comes around and they go into the private sector as real estate developers.

I say this because two weeks ago, the progressives on the Board were saying that they had been told that they couldn’t amend the EIR July 14, but that they could amend the actual redevelopment plan when it comes before them on July 27. It was for this reason, they said, that they decided to vote to accept the EIR in an 8-3 vote, with only Sups. John Avalos, Chris Daly and Eric Mar, voting to reject the project’s key environmental document.

But today, with less than two working days before the Board’s July 27 meeting, I’m hearing rumors that the Board will only be able to take an up and down vote, when they consider Lennar’s actual redevelopment plan.

In other words, the only way the Board would be able to change anything would be to reject the plan in its entirety.But everyone knows that this is a pigs-may-fly scenario, given the massive pressure the Mayor’s Office, labor and Lennar have been exerting on the Board.

So, if these “up-and-down-vote only” rumors turn out to be true, folks who care about environmental and economic justice better start sounding the alarm. Because there is a plethora of unresolved issues that Sups. John Avalos, David Campos, Chris Daly, Eric Mar, and Ross Mirkarimi identified July 13 as needing shoring up, before the actual redevelopment plan would ever pass their sniff test.

These concerns included fears that the project’s financing plan amounts to daylight bank robbery, that the proposed bridge across the Yosemite Slough is unnecessary, and that the amount of projected air pollution related to the development is unacceptable.

And then there’s the fact that the Controller’s “economic benefits” report only used averaged figures, and therefore did not give any details about how many jobs and benefits the project would create in this economically depressed community in the next few years.

And did I mention the part about liquidated damages and watershed concerns? Or the fact that there are no maritime uses in the current plan, even though these uses could translate directly into relatively unskilled jobs, if old ships were broken up at the shipyard.

But despite the hours of discussion on July 13 that the Board sat through last week, I do not recall anyone from the Mayor’s or City Attorney’s Office advising the supervisors that they would not be able to amend the actual plan when it comes before them July 27.

Right now, a lot of confusion is swirling as folks point to the fact that Board President David Chiu introduced five amendments at a July 12 Land Use Committee hearing that eight supervisors subsequently voted to accept. This move led the rest of the Board to believe that they too could make amendments to the final plan.

But a review of Chiu’s amendments and the project’s EIR suggests that these changes are in fact repackaged pieces of the EIR, and that the move misled other supervisors into believing that that they would have a chance to amend the actual redevelopment plan.

So far, no one from the Mayor’s Office has returned my calls seeking clarification on this process. But if it turns out that the only way the Board can have input is to kick the plan to the curb, or ask the Planning Commission to make new findings, then democracy in San Francisco has been replaced with an empty charade.

“The Board can make changes along the line that David made in the Land Use Committee, “ Chiu’s legislative aide Judson True told me today. But he wasn’t clear on the process next week, and suggested that I call Cohen’s office, which I did (only to find myself shunted to Cohen’s voice mail.)

So, what gives? And why would the Board allow an out-of-town developer in partnership with the Mayor’s Office to sidestep its responsibility in this way?

“We were told we could not make amendments to the EIR, but could make amendments to the plan that we will be voting on this Tuesday,” Campos told me today, noting that he and Mirkarimi were prepared to make changes July 13, but were then told they could not do that.

“The biggest fear I have with this project, and any project this size in this economy, is that a lot is promised, but will anything get developed, or will we be stuck holding the bag,” Campos added.

Similar questions led the Alameda city council to kick developer SunCal to the curb last week. Ironically, the move could open the door to a developer like Lennar to try and swoop in and pick up the pieces in the island city across the Bay from San Francisco.

But folks in Alameda are pointing to San Francisco as an example of how difficult it is to nail down developers, noting that Michael Cohen, Mayor Gavin Newsom’s top financial advisor, recently admitted that investment money is scarce, even though the city’s EIR for the project has been approved.

Actually, Cohen went a step further by intimating that all the benefits that the community wants out of the plan would deter investors even more—comments that were perhaps just a precursor to this potential bombshell that the Board won’t actually be able to amend the deal, after all? Stay tuned.

Unions say grand juror unethically helped Adachi measure

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San Francisco’s police and fire unions are taking a lead role in opposing Public Defender Jeff Adachi’s November initiative to make city employees pay more of their pension and health care costs, despite the fact that both unions have recently renegotiated their contracts to exempt their members from paying those increased costs until 2013.

The unions and Bob Muscat from the San Francisco Labor Council recently formed the group Stand Up for Working Families to run the opposition campaign to Adachi’s SF Smart Reform, yesterday holding a press conference at City Hall to highlight the allegedly unethical role that a grand juror has played in pushing the Adachi measure.

Civil Grand Jury member Craig Weber led the committee that in June released a report on the city’s pension system called “Pension Tsunami: The Billion Dollar Bubble,” warning that employee pension costs to the city would more than double in the next five years and “fundamental adjustments must be made to the City’s employee pension program.”

Yet by the time that report came out (following a similar grand jury report from a year earlier), Weber was already working as treasurer for the Adachi’s signature-gathering campaign, which City Attorney Dennis Herrera called an inappropriate conflict of interest and which Muscat says that raises questions about data manipulation and access to secret grand jury proceedings.

“I have serious concerns in this particular instance that Mr. Weber’s dual roles create a conflict of interest, or at least the appearance of conflict of interest, which would undermine the integrity of any Civil Grand Jury investigation into these issues,” Herrera wrote in a June 14 letter to Presiding Judge James McBride, relating how Weber had sought advice from Herrera’s office on the matter in March and that both Weber and the Grand Jury chair refused to heed his advice that Weber recuse himself from working on the report.

“We believe he used his position on the Civil Grand Jury to manipulate the civil grand jury report,” attorney Peter Saltzman, who represents opponents of the measure, said at the press conference.

But Adachi called the charges “just smoke and mirrors,” telling the Guardian that his initiative was based on data from the Controller’s Office and that the measure was written and publicly available before the latest grand jury report was released. “We received zero information from the grand jury,” Adachi told us. “We relied on public information that we received from the Controller’s Office.”

He has claimed the measure will save the city about $167 million per year by making city employees pay more into their pensions and health care costs for their dependents, although that figure will be lower for the next two years because of exemptions that were written into five police and fire memorandums of understanding that the Board of Supervisors approved last week, agreements negotiated by the Mayor’s Office and opposed by Sups. David Campos and Chris Daly (Sup. Ross Mirkarimi also voted against the MOU for Fire Department executives) because of the exemption.

Police union head Gary Delagnes, who was at the press conference, told the Guardian that the special consideration for those two unions – both of which are key supporters of Mayor Gavin Newsom — was simply a function of negotiating their MOUs later than the other unions. “By the time we and the firefighters were in there, this thing [Adachi’s campaign] had really picked up steam,” he told us.

During the press conference, Muscat highlighted how billionaire Michael Moritz, managing partner of Sequoia Capital, put almost a quarter-million-dollars into qualifying the Adachi measure for the ballot and said, “This is a measure not in the interests of anyone in San Francisco and it represents the interests of people outside of San Francisco” who are attacking public employee unions for political reasons.

RecPark boots child care program to make money

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San Francisco’s Recreation and Park Commission voted July 15 to let an expensive private preschool displace a free, 38-year-old City College parenting class that included guided activities for children. College officials and neighborhood groups understand the desire to make money from rent at the Laurel Hills Playground clubhouse, but they’re upset about how little notice and community input was involved in the decision.

“On the face of it, they wanted to lease this property and they didn’t really care what the public thought,” City College Trustee John Rizzo told the Guardian. “They cared so little about the public that it was too late once they were notified.”

The commission approved a two-year lease for Language in Action, a preschool offering nine-month terms immersing two to five year olds in Spanish and Mandarin. Tuition ranges from $1,000 — for two hours per day, two days per week — to $14,000 for full day, five day per week instruction, according to the company’s website.

“People want to call it privatization. I think that’s an offensive word. I would rather call it revenue generating for site appropriate uses and recreation,” Recreation and Park Commission President Mark Buell said at the July 15 meeting. “It’s a reality.”

City College Child Development and Family Studies Department Chair Kathleen White told the Guardian that she feels torn by the position of having to compete with other child care services. “I never want to stand in the way of child care, this is my department,” she said. “We all want the same thing. We want parenting classes and we want child care. There should be plenty of places in the Park and Rec [Department] to do both.”

Freelance San Francisco writer Ellen Lee, who used to attend City College’s child observation class with her toddler, told the Guardian there were attributes of the program that she would miss, although she hopes to enroll her child in the Language in Action preschool.

“It’s the little things,” she said. “I learned new songs that I could sing to her at home. They gave out handouts every week on different child development issues — how to deal with temper tantrums and that kind of thing. The teacher was always available to talk with us.” Lee wrote an article on the termination of the class at Laurel Hill here.

The Recreation and Park commission elected to evict the City College class in favor of a tenant that could pay $1,500 per month for use of the clubhouse. Laurel Heights neighborhood groups expressed some interest in fundraising to save the class and help City College pay the rent, but the process happened too quickly to mobilize during a term when the school has cancelled summer classes and almost no faculty are on campus, White said. The community college is prohibited by state law from charging tuition for non-credit courses like the parenting class and is facing a $12 million deficit.

“We’re in as dire straights as Park and Rec is,” White told the Guardian.

 

City College Trustee Chris Jackson, who is running for the District 10 seat on the Board of Supervisors, told us the college combated its dire budget deficit by cutting salaries at the top, a tactic he recommended for both the Recreation and Park Department and San Francisco as a whole. He suggested bringing middle and upper management positions to the level they were 10 years ago, saving jobs for entry-level workers and free public programs like the City College class.

 

“When you start charging and raising fees for some of these public programs, especially in working class neighborhoods like District 10, people start dropping out of them, and you create a recipe for disaster,” he said.

Rizzo spoke to what he called a disturbing trend of privatization and fees the Recreation and Parks Department has adopted while attempting to close its own budget deficit.  The Board of Supervisors voted in May to allow the department to charge a $7 admission to non-resident visitors at the Golden Gate Park Botanical Gardens. Threesixty theater’s production of Peter Pan in Ferry Park has turned the once free park into a fenced-in, fee-charging venue.

“The public is kicked out and private interest comes in,” Rizzo said.

Board reverses mayor’s mental health cuts

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San Francisco’s $6.5 billion budget, which the Board of Supervisors approved late Tuesday nigth, included a complete restoration of outpatient mental health services funded through the city’s Department of Public Health. The board is expected to finalize the same budget after a second reading scheduled for July 27.

The board reversed a more than $4.1 million cut to community behavioral health services proposed by Mayor Gavin Newsom in early June, which would have affected a dozen agencies and approximately 1,000 patients. As the Guardian reported on June 8, Newsom’s massive cut to the DPH would have resulted in a much greater loss to community nonprofits that leverage federal dollars from city funding to treat San Francisco’s most severely mentally ill homeless and poor.

Sup. Bevan Dufty told the Guardian he was very impressed by Citywide Case Management and Community Focus after walking rounds with one of the nonprofit’s caseworkers. Citywide is one of the San Francisco’s best performing mental health nonprofits, according to DPH reviews, and it would also have been the hardest hit under Newsom’s plan.

“It’s clear to me that this is a program that we ought to be doubling rather than cutting,” Dufty told us. “The more that people saw what they were doing, the more people would get behind what they were doing. Other cities are building models based on what Citywide Case management is doing now.”

Citywide Director Dr. David Fariello wrote the Guardian this letter about restoration of funding to his program to the Guardian: “We have good news for the supporters of Citywide Case Management and Community Focus mental health services. As you remember we were facing the prospect of 38 percent budget lose and cutting services to 240 of the severely mentally ill clients that we treat. On July 20, the Board of Supervisors voted for a full restoration of outpatient mental health services. This means that we will not need to cut services to the clients we serve.
“Your article, as well as phone calls, emails, and letters from supporters made clear to the Mayor’s Office and to the Board of Supervisors how critical our services are. Citywide/Community Focus supporters generated more input than any other budget cut issue. The Mayor restored 40 percent of our cuts, even after submitting his budget to the Board of Supervisors. Ours was the only cut to be so restored. The Board restored the remainder along with other outpatient mental health programs.
“Thank you for your support. In return, we are rededicating ourselves to providing comprehensive, cutting-edge, quality treatment to those San Franciscans at highest risk because of their mental illness.”