A Letter from Mayor Clarke Conway

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Happy New Year! I want to take this opportunity to again thank my re-election supporters and voters, and to pass along my wish that every resident of Brisbane has a great 2018!

I also want to thank my city council colleagues for the honor of electing me mayor. I am proud to serve as your mayor.

At the city council’s December 14th meeting, my remarks as incoming mayor were about my hopes for what we can achieve together this year. But, I also noted that 2018 would be a challenging year for us because the time has come for a decision on the Baylands and it requires a lot of work. This letter is to tell you our work has already begun and explains what we are doing.

At the council’s meeting on Tuesday, January 16th, we voted unanimously to direct staff to review the economics of mixed-use plans that could include a range of 1,000 to 2,200 residential units along with 2 to 6 million square feet of commercial space. The council’s vote demonstrates our interest in making a fully informed decision; it does not decide the development question.

We acted to gather this information after spending the last few months focusing on our options in the face of strong state interest in seeing housing built on the Baylands. The state’s push has been intensified as a result of misleading media reports suggesting that Brisbane is delaying a decision on the Baylands for selfish reasons. On December 28th, the San Francisco Chronicle published an editorial reflecting these types of claims, but left out important facts about the project and the developer. Our City Manager, Clay Holstine, wrote a response to that editorial to correct the record on January 4th. The paper only printed a shortened version of his response as part of its “Letters to the Editor” on January 12th. Developing the Baylands is complicated and deserves thorough attention from the council, the state and the media. Following this letter, we’ve included the Chronicle’s 12/28 editorial and Clay’s full letter. I think it is clear that our City Manager’s full letter is the only one that gave the Baylands the serious attention required to make a responsible decision about developing the land.  

You also may recall that last summer the council deferred its initial vote on UPC’s Baylands proposal to focus on a legislative package on housing that might impact our control over the Bayland’s future. The city received some criticism for this by people claiming our decision was just a delaying tactic. But what was less widely reported were rumors that the legislative package might include a bill limiting city authority over the Baylands specifically. These rumors were dismissed by many, but the Council took them seriously and directed our Sacramento team to focus on protecting the city’s local land use decision making over the Baylands. As the legislative session wound down, Senator Jerry Hill confirmed the existence of a proposal, made sure we received a copy of the rumored draft, and also assured the city it was conceptual and would not be a bill in 2017. The draft proposal is posted following the editorials.  

While the city has no assurance there won’t be a bill in 2018, the new council is committed to seeking a responsible solution without legislative intervention. Senator Hill is working with us in championing this path. Absent a compromise, the threat of state action is real. The city can fight the legislature if we must and we are prepared to. But, I prefer a responsible compromise rather than an extended, expensive fight in the halls of the Capitol or in court.

A responsible compromise is a better outcome for Brisbane than a legislative fight. We can ensure the absolute safety of any development and can, once again, be a model to others for how to plan and advance a city over time without losing our greatest value - community.

                                                                                                              

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Editorial: Brisbane – a case study in housing crisis
Chronicle Editorial Board | December 28, 2017 

If Mountain View’s recent approval of a plan for nearly 10,000 new residential units provided an extraordinary example of progress on California’s housing crisis, a standstill at the other end of the Peninsula exemplifies the forces that keep homes from being built even at the core of the Bay Area employment boom. 

In the year that the Legislature finally passed a raft of bills to boost housing, the lingering impasse over more than 4,000 proposed homes in Brisbane shows that Sacramento, as the would-be developer put it, “has a tremendous amount of work to do.” 

The Brisbane City Council was expected to make a decision this year about the Baylands, more than 600 acres of former landfill and rail yards near public transit on the edge of San Francisco. But 2018 will be the 13th year that local officials consider the proposal — or effectively decline to do so. City officials even cited then-pending legislation to expedite housing as their latest reason to delay development of housing or anything else. 

Although one key new state housing law is designed to diminish the local obstructionism at the heart of the shortage by easing projects that answer unmet housing needs, it’s not expected to affect the Baylands project. State guidelines require Brisbane to accommodate only a small fraction of the new housing proposed for the site, and the city’s general plan prohibits housing on the Baylands site. 

Universal Paragon Corp. first proposed developing the area more than a decade ago and added housing to its plan five years later. A final environmental impact report was completed in 2015, and last year, after much deliberation, the Brisbane Planning Commission recommended keeping the site housing-free. The City Council went on to hold more than 15 special meetings on the subject, the last one in August, without reaching a conclusion. 

“This is a textbook example of a case in which the state needs to step in and do something about what’s broken ... that allows communities to spend 12 years considering a proposal and put it off again and again,” said Jonathan Scharfman, Universal Paragon’s general manager.

The project raises several questions the state has yet to address, including how to assess and enforce housing needs more effectively, prevent environmental laws from being used to stop smart urban development and change incentives that favor commercial uses.

“It’s a magnification of an issue that we have statewide,” Scharfman said. “For 40, 50 years, we’ve done very well at adding jobs, but we’re lagging in producing housing. The result is a disaster.”

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The City submitted a response to the Chronicle’s Editorial Board on January 4, 2018.  The Board published only portions of the response and over-simplified others in its “Letters to the Editor” on January 12, 2018.  Below is the City Manager’s full letter.

Special to the San Francisco Chronicle

The Chronicle’s commentary criticizing the careful scrutiny that the City of Brisbane is giving to the most recent Baylands development proposal is ill informed. (Brisbane - a case study in housing crisis, December 28, 2017).

Regarding “The crux of the crisis” (Editorial, Dec. 28): The Chronicle’s editorial criticism of the scrutiny that the City of Brisbane is giving to a 2015 Baylands development proposal is mistaken.

Building housing is a complex issue for any local government, and it is significantly more complicated when the proposed housing is to be built on a long contaminated former industrial site. It gets infinitely more difficult when the owner of the land has not committed to full clean up the site, as is the case with the Baylands.

Surprisingly, the Chronicle threw its editorial weight behind the argument that Brisbane is a “case study” for why we have a housing crisis, implying that Brisbane is delaying acting on housing for political reasons. In doing so, the Chronicle skirts the very real and complex environmental and environmental justice issues that must be addressed before building housing on currently contaminated land.

We are not surprised at this gross oversimplification of the project. We have been responding to it, generally as a result of “facts” attributed to the developers, for the past year. What alarms us is the Chronicle didn’t bother to reach out to Brisbane’s City Council or staff to understand our legitimate concerns regarding the Baylands before running its editorial.

Working through serious issues with a developer is not evidence of a “lingering impasse,” as the Chronicle puts it. It is validation that the City is doing its job properly, recognizing that whatever development decision is made will irrevocably impact the health and welfare of future residents and neighboring cities.

The developer, UPC, has had approval for nearly 10 years for a housing project on Schlage Lock in San Francisco, which is adjacent to the Baylands, but is unable or unwilling to commence construction despite the high demand for housing. If the Baylands project is built, due to significant soils contamination, the State of California Department of Toxic and Substance Control (DTSC) will not allow schools, hospitals, first floor residences and daycare facilities to be placed on the property. Brisbane expects a full clean up from any developer of the Baylands.

UPC has owned another parcel of land in Brisbane for nearly 30 years that is zoned and planned for a hotel, and despite several favorable development markets, has never acted on their approvals. This pattern of seeking approval, but delaying development, is repeating itself on the Baylands, which UPC has owned since 1989.

To date, UPC has yet to fulfill any of the required steps that would make the site ready for development, such as site contamination cleanup, a sound plan for water resources or demonstrated how a project of this magnitude could be paid for, let alone their ability as a company to deliver. Instead, UPC re-envisions its proposal every few years. Housing was only added to UPC’s plans in 2010, which required the environmental review process to start all over again. This is one of the reasons the final environmental impact report (EIR) was not published on behalf of the developer until June 2015, initiating a new review by the City’s Planning Commission in 2016, and continued review and public meetings held by the City Council in 2017. Reports of years-long delays by the City are factually incorrect.   

We encourage UPC to come forward and answer these basic development questions, and the City of Brisbane is willing and open to enter into a true collaborative working relationship that will address these complex and difficult issues. 

We understand the desire of the Chronicle and state leaders to find a solution to California’s housing crisis. The open space of the Baylands may look like an easy fix, but it isn’t. Future residents on that site will, after all, be residents of Brisbane.  Our council owes it to them and to current residents to carefully review the proposal to ensure safety on the site, the infrastructure required to support a completed development, and a financial model that protects the solvency for the City in providing services to that new part of our community. 

Clay Holstine, City Manager, Brisbane

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To view the draft legislation, please click here