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SF Port Authority, its COMMISSION and the lack of participation linked to Public Trust Act

by Francisco Da Costa
If we the constituents are truly educated on issues - we would NOT permit the many projects linked to the San Francisco Port Authority and Commission to go unchecked without any concrete, meaningful deliberation. For starters the SF Port Commission does not have enough infusion to have a debate - weigh the pros and cons. Kimberly Brandon is the Chair and she brings this largess inherited from her mentor Willie L.Brown Jr. who anointed her - pass everything brought before the Commission - with, little or NO deliberation. Poor Kimberly has been attached to the SF Port Commission and should move on. Like fungi - she can hinder progress and that is what she is doing at this time. The only breath of freshness is Francis X. Crowley who is missed sorely at the SF Public Utilities Commission. Ann Lazarus and Leslie Katz - just go with the flow - not to upset any rotten barrel of apples.
The seven and a half mile of water front property; that we enjoy along Fisherman Wharf all the way to Pier 98 - by Hunter Point Naval Shipyard yard is Port Property and governed by the Public Trust Act. In simply it means all Californians have a stake in it. Much like our natural gems - the State Parks.

The primary objective of the SF Port Commission is to represent the people and adhere by the right uses for this seven and a half mile water front treasure - MARITIME uses. In the last ten years this has not been done. And that is a crying shame.

San Franciscan all over San Francisco know little about the SF Port Commission and the diversity at the SF Port Authority is pathetic. This is not to be disparaging but some one must speak the TRUTH - and some one must say - what most people - fear to speak out.

In years past - Willie L. Brown Jr. used his undue influence in Sacramento to introduce single legislation to remove the area now called AT&T Park out of the realm of the Public Trust Act - and use it as a Ball Park, a stadium circumventing the Public Trust Act,

The use of the area in this case was meant for Maritime Uses - but Willie and his minions broaden the definition of RECREATION - sailing in the Park with a bat and ball.

The AT&T Park is working because the right type of leadership, fiscal backing, and of course the fans that love the GIANTS (our baseball team) to death - have a brand new, state of art stadium, and a team that is doing very well.

It helps when our GIANTS won the World Series and brought fame but also a lot of business to that area in and around the AT&T Park and of course tourism - all over the City and County of San Francisco.

The SF Port Commission is excited to hold the America's Cup - the America's Cup really caters to the filthy rich. Now many people do you know that have the time and money to sail - how many thousands do you know - that sail as a hobby.

The rich will spend their money to advertise and just like that - all your folks will surrender and become sailing enthusiast over night. Just like the many that love fast food and anything they can devour easily without any thought and deliberation.

For example the America's Cup was held in Auckland, New Zealand - I visited NZ not too long ago - the America's Cup did not help that economy. In other words it was a loss. What helped Auckland though was holding the World Rugby Cup - that tapped on the infrastructure and other amenities of the America's Cup some six months ago and saved the day and brought in some returns.

San Francisco does not have a clear plan when it comes to the America's Cup. Reading the agreements are shady at best and they constantly keep - changing. That is the legalese.

We, in this City are pandering to some group that is beholden to the former Mayor - Gavin Newsom who after making many deals - behind close doors - has left the City and County of San Francisco and the SF Port Commission - holding the bag.

Prime water front property has been leased to the owner of ORACLE - his name is Larry Allison for sixty plus years - to use it for the America's Cup but also to build high rise building and other amenities - after the event.

It is this type of dubious PLOYS and MACHINATIONS that will come to bite the SF Port Commission in the butt; inept Commissioner, like Kimberly Brandon who does NOT represent - San Francisco and its high values.

The area around Pier 70 that comes under SF Port Authority jurisdiction and under the Public Trust Act - is also debatable.

Once used heavily by Bethlehem Steel and other U.S. Navy operations as part of the World War II goings and comings - this area is heavily contaminated. The watershed is polluted and needs to be abated. Prior to 1975 there were NO enforceable Environmental Protection laws and regulations - now, this wrongs of the past are coming to haunt us and clean up is very expensive.

Greed developers and those that want to make money - think of CAPPING and sell out the community - pretending to know something about abatement, mitigation and of course bluffing themselves. Such are many of the local bodies that represent some hidden agenda, some vested interests at Pier 70. Time will tell.

Remains of coal ash and coal tar - millions of tons of this - are part of the Pacific Gas and Electric former operations of their Power Plant. Two large areas have been contaminated with chemical spills, Ammonia for sure but more too - and little if nothing is mentioned about these contaminants in details; always about the development of Pier 70 in general.

There has been NO sound Environmental Impact Report, there has been little deliberation about the actual clean up. Some little whispers about PG&E setting aside some money - but this money is little and CAPPING the area is NOT acceptable.

The inept local bodies that are not diverse and all have a hidden agenda - work with the SF Port Commission and certain Real Estate officials who work for the SF Port Authority and I know them all - pushing for development such as high rise hotels in this area - which is completely - wrong.

Forest City Development California, Inc has been chosen by the SF Port Commission to develop some 25 acres in and around Pier 70.

A rosy picture was painted - that they have the money and that they would do well. The matter of fact is that there is no Environmental Impact Report (EIR), no California Environmental Quality Act report, no report about any abatement and mitigation, no Economic Analysis, no Quality of Life report linked to the Housing Element, millions of particulates from the heavy traffic impacting the area - and to top it all lack of a sound Transportation Document.

The above has not been linked to a sound Cumulative Analysis of an industrial area and the Bay that is constantly being adversely impacted by contamination.

The SF Port Authority thrives to do better - with Director Monique Moyer who favors transparency and accountability. She can do only so much - some of those that surround her do not have the better interests of the SF Port Authority and less of all Californians as incorporated by the Public Trust Act.

Some of those that surround Monique Moyer - want to leave a legacy that they were instrumental in the development hotels and by doing so pander to folks like Joe Boss of Portrero Hill and some others that I could name - but will name with a complete rap sheet at the appropriate time.

I spoke several times at the April 12, 2011 San Francisco Port Commission meeting - after a lengthy Closed Session that took hours.

Of course all these lengthy behind the doors sessions are confidential and the matter in which the action is introduced, at the end of the lengthy session and agreed upon cast doubt. "It has been decide not to divulge the contents of the Closed Session" or words to that affect.

The cloak and dagger type of operations must stop. The SF Port Commission is long known for NO if not less deliberation before the Public at Large and it is time some sunshine is cast - where now there lies DEEP - darkness.

The many agenda items covered a gamut of issues and factors and in these times, more dire economic times.

We must be cognizant of the the dubious ploys of JP Morgan, Goldman Sachs, other dubious financial institutions that all have their finger in the corrupt, pie.

There is a lot of ebb and flow and it does not mean because the SF Port Authority has a good Harbor Master - and any and every type of vessel unfit to sail and taking water can come into our water and seek succor.

It does not mean that for years we can bear with less meaningful deliberation, process, and pander to the Pacific Heights Mafia and the MACHINE.

Change is difficult and the TRUTH hurts. I saw it all and spoke about it in my comments before an fairly packed audience, the SF Port Commission and of course the many SF Port officials and is was all good. Aho.

Finally, as I am prone to do - I reminded the SF Port Commission and those that have ears, a conscience, some ethics - that the land, all the land belongs to the Muwekma Ohlone that have partrimonial jurisdiction. Pay heed, you are warned - and no one should be warning any sane entity - too many times.

If you that think you are smart do good by the First People - and it will be good.

If not Mother Nature will speak to you and all that you seek to build - like the Tower of Bebel will come tumbling down and you will try to speak - but there will be no talk - nothing, what so ever. Somehow your sense will realize that that you senses and deliberations were all - wrong.

I will return in four months or so - and will address pertinent agenda items - there will be full transparency and exposure on those items and facts that some try to hid under the sordid - carpet.

Here are some photographs:

http://www.flickr.com/photos/franciscodacosta/sets/72157626487553390/show/


Francisco Da Costa
Director
Environmental Justice Advocacy


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http://www.flickr.com/photos/franciscodacosta/sets/72157626487553390/show/

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