To: Sherman Lewis, Diana Hanna and concerned citizens,
Thank you for the opportunity to respond to your questions and for your commitment to the community and the environment.
1. The Loop: I spoke against the loop at the Planning commission, City Council and ACTA meetings. I offered a number of what I feel are superior options which would make better use of limited 1986 sales tax funds and LATIP funds. The City should look at alternative projects such as:
* A new BART station at Harder and Mission. The Kmart lot is under used. The community would greatly benefit by this improvement. The location is 1/2 way between the 2 existing stations. It is directly down the hill from the University. This is a traffic solution that can add value to the community and reduce automobile use.
*Opening Harder to Hayward Blvd. I have corresponded with the the president of the University regarding this possibility and he seemed open to the idea. This can lighten traffic on Mission and Carlos Bee and better open the University to the community. This could require a grade separation at the dormitories or traffic calming to protect pedestrians.
*Freeway ramp improvements at industrial Winton and A street will help balance traffic patterns.
*Whitman can be better utilized with a connector to Jackson or beyond to the north.
*The unused train tracks adjacent to the BART offer an opportunity, complete with existing over-passes right through the city. The passenger rail service now planned for Union City could be extended north to Hayward according to patronage studies.
Having attended the ACTA meeting I got the sense that the board would approve almost any recommendation from the City. Most members spoke against the plan then voted unanimously for it, based upon the Cities approval. They also acknowledged in their report and discussions that the incoming City Council may have a different opinion of the project. I support consideration of a full range of projects.
2. Rapid Bus. This type of service has proved very successful in other locations. I believe that it should be promoted on a regional basis and not just from BART to the University. The Mission Blvd corridor or the unused train tracks could be ideal for this type of transit solution. I do protest more cars at the campus. I believe that the EIR should be comprehensive including the measures proposed in the question. I support funding from ACTA, ACTIA and MTC for a bus shuttle. I hope that it will be from a closer new BART station.
3. Caltrans Tenants. At the afore mentioned ACTA meeting I expressed concerns with the authorization of funding without a plan for the tenants. As a Real Estate Broker I am an advocate of home ownership. I helped form the Hayward's Condo Conversion ordinance. One key aspect of my input was to provide the Tenant/buyer the option of down payment assistance as opposed to a simple discount on the price. This opens up financing opportunities that a discount does not. Other aspects of the Condo Conversion ordinance may provide insight, different considerations were adopted depending upon the senior status of the tenant and time in residence. I question the need for forced relocation of any tenant if the structure is to remain.
I think that I need to start with the presumption that the tenants are where they want to be. Ownership should be promoted. When ownership is not an option, the tenancy should be retained under the city of Haywards rent control guidelines and habit-ability standards. A reasonable time period may be an amount of time equal to the time that they have resided in the dwelling. For seniors it may be different that they are allowed to remain for life. Given these parameters an investor or nonprofit organization can deduce a return and value. City policy could provide adequate protection for the tenants and a timed return of the properties to the residential market, instead of a flooding of the market, which can imperil values regionally. Nothing in this plan prevents the buy-out of a tenants rights at a figure that is acceptable to the tenant.
4. The Power Plants. The incumbents, including those previously endorsed by the Sierra Club, unanimously approved Calpine's plan for the greatest potential ecological disaster in the History of Hayward. Calpines facility will be the fifth biggest polluter in the Bay Area emitting 1.8 million tons of Greenhouse gases and other pollutants per year. It is directly adjacent to the Federally protected Endangered species and their known protected habitats on the San Francisco Bay shoreline. The plan originally required a formal biological opinion from the US Department of Fish and Wildlife. Subsequently this requirement was omitted. The impact to the restored wetlands, Endangered species and their habitats was not assessed.
The incumbents approval is what opened the city up to additional polluters like the Eastshore Energy Center. They made no provision to limit the number of major polluters permitted in the City. I have spent 4-500 hours of my time and thousands of dollars of my money to try and protect our community from these threats. I have been an active litigant in both power plant cases. I intend to file a new action to stop Easthore soon. I am also preparing a ballot initiative to allow the people of Hayward to opt out of becoming one of the most polluted city's in the region.
I have personally filed an appeal with the United States Environmental Protection Agency regarding Calpines plan, also known as Russell City Energy Center. I have documented violations of the Clean Air Act, The Endangered Species Act, The Coastal Zone Management Act and the principles of Environmental Justice. This appeal is presently the only thing, that I know of, that is stopping Calpine from moving forward. Aspects of the appeal are consistent with, and rely on Sierra Club appeals of other power plants presently pending before the EPA including Deseret Power Electric Cooperative Appeal No. PSD 07-03 that has been deemed by the EPA to have potential national significance in the fight against Greenhouse gases.
While I expect to prevail with the EPA appeal, I am preparing to litigate in Federal Court. Communities for a Better Environment CBE and Golden Gate Universities Environmental Law Department are supporting my actions, as is much of the community. They will likely join the federal case. I welcome the Sierra Club to join these actions. The Sierra Club has rightfully taken a position against Calpines plan. It is time to take the action consistent with that position and protect the environment. I will continue to delay Calpine, but as long as we have a City Council that is eager to give them city owned shoreline property to create this ecological disaster they can keep coming.
I serve on the City of Haywards Clean and Green Task Force where I founded the City's first Sustainability Committee. I have unsuccessfully lobbied the City Council to examine the mountain of disclosure now available regarding Calpines plan. It is one thing to make this deal with Calpine. It is another to ignore the disclosures available and the will of the people. A new City Council or one with an evolved position can stop Calpine. The land is still owned by the City, all we need to do is not give it to them. I have reviewed the Calpine agreement with the city. As a real Estate Broker I find it poorly written and unenforceable. I do not believe that the city can bargain away its legislative authority.
I have met with the Attorney Generals office regarding the City Councils agreement with Calpine. They assured me that if the city wanted out of the agreement, all they have to do is call the Attorney General and he will get them out . The Attorney General has a long history with Calpine. They fined them $6,000,000 for manipulating the energy market. Links on my website
www.redwoodrob.com can provide more information and access to my appeal.
We need to move towards renewable energy harvested in Hayward for Hayward.
5. The Tuolomne River. Water is one of our vital resources. I personally reuse virtually all of my grey water for landscape irrigation. Treated waste water traverses Hayward from as far away as Livermore. It joins Hayward, Union city, Newark and San Leandro wastewater and is pumped into the Bay. On the way they irrigate the golf course and have created fresh water wetlands near the San Mateo Bridge. That wasted water should be redirected for irrigation. The entire 580 corridor can benefit through reforestation efforts. A pipeline possibly through the Caltrans corridor in Hayward can bring this resource through Hayward to create a "Green Zone" along the hillside irrigating the Cemeteries and land above then. Another potential use is to create a linear forest between the developed areas and the shoreline. creating a buffer between the uses. Measures to ensure the safety of the waste water used should taken.
I have personally given 30,000 trees to the community. I have 1000 in stock now to give away. Expanding this program can utilize massive quantities of treated water and return it to the air, completing a cycle that dumping to the bay interrupts. I oppose increased fresh water use. I support a zero increase in allocation. Future demands can be met through conservation, efficiency and recycling. New developments can incorporate grey water systems and much greater efficiency. The price of water should probably increase to fund reuse programs, better reflect the true cost and encourage conservation. Individuals could be encouraged to utilize grey water and capture rain water for irrigation. On a somewhat related note our reservoir pumps should be timed to operate at non-peak times for electricity consumption whenever possible.
6. Quarry Village QV has the potential to move the City into a sustainable future and set an example that can be followed throughout the nation. The City should acknowledge this potential and actively participate in its promotion. The city should demonstrate its commitment to advancing our community and take a lead role in the development of QV. This can make bond financing available, streamline the costs, minimize risks, and expedite the development process. The project can boost the economy of the city in many ways. I support a much higher density against the hill and more open space along the creek.
7. South Hayward BART. Our social problems are not specific to this location. We have a crisis of education, multi generational ignorance is often uninterrupted by our education system. I strive to enable our Schools and Colleges to work together better. I had a dinner party for the Superintendent of Hayward Unified School District, The president of Chabot College and The President of CSUEB. It was the first time they sat together in an intimate setting. I explained my goal of increasing cooperation between the 3 and they promptly began planning. They have since met on a regular basis to work together. We need to work to break the cycle of ignorance in the community. I support the School Bond proposed in the City of Hayward. I have 4 children one who was adopted in Africa as a baby one who is a foster child and 2 that I sired. Education is a very personal priority for my family.
All facets of our populace should have access to fair paying employment opportunities, health care and education. Hayward needs to acknowledge its homeless problem and provide transitional housing and mental health care for those in need. Drug abusers need treatment. Violent and predatory criminals should be removed from our community. The incarcerated should be encouraged to obtain their High School diplomas while in custody to reduce recidivism.
While I do believe that the opportunity exists to build a new police department I do not think that a second department or sub-station is necessarily the right answer. We do not need more police sitting in a station, if anything we need them on the street. We should also pressure BART to better police its stations.
With jobs and education having the greatest potential to cure many of our social problems. The emerging Green economy can be the path to increased economic freedom for our people. Over a billion dollars was invested in the Bay Area last year in this sector. Hayward has the opportunity to take advantage of the evolution from the old hunter gatherer methods of energy production to Energy farming for the benefit of the people and the planet.
We can also benefit from entertainment opportunities for the people Hayward. I support the suggestions posed in question 7.
8. Bunker Hill. I absolutely support the Bunker hill area being used in conjunction with the University. It is highly underutilized at this time. I do have concerns with connecting to Carlos Bee. It may be too steep at that location to create a safe intersection. I would have to see greater detail prior to committing Unless you are referring to connecting to the road around the field and to the existing intersection then I am sure that I could support it.
9. Path. yes
10 Open Space. yes. Perhaps the Cemetery could acquire some of the land. Garin Park should be extended to Harder Road and intensive reforestation efforts should occur as described earlier. Land use designations are going to dictate the value of the Caltrans property. All developments will incur park fees that can help fund projects. The mechanics of the Caltrans property sales may make it best that the property transfer to the cemetery or other entity with a large park dedication or open space requirement. This would of course be reflected in the value.
11 Highland School. I support the entire property remaining for the public benefit. A School or Community Center. The housing plan did not seem fully thought out. There may be commercial opportunity in the Hayward Blvd frontage
12 Day lighting our creeks. I am expanding this question a bit because I believe that our creeks are underutilized, overlooked and poorly managed. I support day lighting our creeks whenever possible. One caveat is that I am sensitive to private property owners rights and would not easily encroach upon them. One Creek that I would like to address is between the Japanese Gardens and Foothill Blvd. An opportunity exists to extend an entrance to the Japanese Gardens to City Center Drive, along the Creek, Greatly enhancing its utility to the people of Hayward.
13. Creek Protection. Yes. I believe that the county has done a fair bit of work on this subject and we may be able to glean some insight from their endeavors.
In conclusion I would again like to thank you. The questions seemed well thought out and broached vital issues for this community. I hope that my answers demonstrate that my commitment to the Environment is unrelenting as is my determination.
I believe that my presence will add a valuable element to the City Council. I strive to let logic dictate my decisions. I
believe that the position is not one of ruling or dominating the City, but one of leadership and representation of the people and environment. As such, input from insightful groups such as the Sierra club will not be something only sought at election time by me. I look forward to the opportunity to continue on our common path to a better future.
Sincerely
Rob Simpson
Environmentalist
510-909-1800
-------------- Original message --------------
From: Sherman <sherman.lewis@csueastbay.edu>
Sierra Club Questionnaire for Candidates for Hayward City Council, Election June 3, 2008
Your Deadline to email us: March 24, 2008
Candidates should feel free to call Sherman Lewis at 538-3692, email sherman@csuhayward.us, or talk to other Sierra Club members. Our questions may not always be clear and also we may be able to give you more information on issues only briefly described below.
You may type in your answers below the questions.
Please send answers by email to Sherman and to Diana Hanna at dalpha9@aol.com. This will save paper and speed up circulation to interested parties. We will schedule interviews based on questionnaires.
Note: Several questions assume that the 238 Land Use Planning process will be supportive of the choices described below.
TRANSPORTATION
1. The Mini-loop. Few projects have had such a long and frustrating history, only to result in a 4-3 vote and a large short fall in funding, so the project may not go forward. The issue has so far been framed by staff to Council as mini-loop or nothing, and as being financed by the 1986 sales tax. Now the City is planning to get funds from sale of surplus 238 right-of-way, but outside the framework set u p for the LATIP. The mid-county freeway study has found more projects than can possibly be funded from the sale of surplus 238 ROW. Funding the mini-loop would reduce funds available for mid-county projects. If ACTA were willing, would you be willing to consider a full range of projects for sales tax funds and the LATIP? How locked into the mini-loop are you?
2. Rapid bus to serve CSUEB Hayward. CSUEB Hayward is planning to expand parking and traffic to the campus by 49 percent, and to build up to four parking structures to subsidize increased car and oil dependency. Campus planners have talked about how desirable transit to campus would be but have no serious plans and even have expressed a desire to work with AC Transit, apparently unaware of its limitations. This approach will greatly increase traffic on city streets when a bold approach to transit could improve access and reduce traffic, as well as support smart growth redevelopment along the co r ridor and serve an increase in on-campus student residents. The city has no control over the state, but would you be wiling to protest more cars to campus? Would you be willing to insist on an EIR that adequately covers rapid bus, including funding by Measure B, class pass, and other sources? Would you be wiling to support funding by ACTA and MTC for a rapid bus shuttle from Hayward BART to campus?
ENVIRONMENTAL JUSTICE
3. Caltrans tenants. Caltrans is ignoring statutory requirements for a housing program for tenants in about 300 units of Caltrans housing to be sold about 2010 as a result of the cancellation of the 238 freeway. Two apartment complexes should be owned by a non-profit housing agency for affordable housing. Tenants who can afford to buy at 90 percent of appraised as-is value should be allowed to buy. Tenants forced out should be given relocation assistance. Unmet housing replacement requirements from the previous housing prog r am should be met. Do you support, in general, this approach? Do you have a better idea? What would you do to solve the problem?
ENERGY
4. The Power Plants. In light of CEC policy indicating little or no need for peaking plants, and what need exists is in the Central Valley due to its climate and growth, are you willing to finds grounds to oppose both plants? Opposing Eastshore is city policy; the problem is to get leverage against Russell City. Would you support retaining outside counsel to explore all options, including a NEPA suit based on plume interference with the Hayward Airport, federal aviation requirements, and FAA and Port of Oakland protests? How should the City respond to threats of litigation by big corporations like Calpine?
WATER
5. The Tuolumne River. The San Francisco Public Utility Commission proposes to divert up to 25 million more gallons of water per day from the Tuolumne River to m ee t outdated projections of water demand for 2030. However, 60% of the Tuolumne is already diverted from natural flow. Loss of natural flow has devastated many fisheries. Hayward is asking for even more water, a huge increase from its current allocation of 19 million gallons per day (the PUC’s biggest customer) to 28 million. Hayward has not revised its inflated demands or considered alternatives to meet the need, such as recycling, efficiency and conservation. Do you oppose Hayward’s proposal? How would you propose meeting future water demands? Would you support planning by Hayward with a target of zero increase in allocation?
GREEN, AFFORDABLE HOUSING
6. Quarry Village. Hayward has been very successful with Smart Growth around the BART station, but more gains can be made by projects with transit, mixed use, eco-pass, unbundled rents, and reduced parking. Quarry Village would be a pedestrian-oriented condominium development with its ow n g ro cery store, restaurant, and rapid bus, but it is also difficult to finance. Unusual planning is needed, a PD for Quarry Village and a follow-on PD for a less risky project, i.e., condominiums with parking. If marketing for Quarry Village falls short, then the less risky project would apply. Would you be willing to support such an approach? Would you be willing to ask Caltrans to option to sell quarry area properties to QV Corp? (QV Corp is an S Corporation managed by HAPA to accept investments by shareholders.) What assurances would you support that the City could give to investors who will not invest in predevelopment without adequate assurance of control of the property and control of the land?
7. South Hayward BART. City planning for the Tennyson-Mission-Industrial-BART tracks area increased density with no coherent polices to make smart growth work, nor plans for the policing and social programs necessary to deal with decay problems on Dix on S t. Would you support a dual-access grocery store with residential above on the Perry and Key/surplus BART lot, access off Mission and Industrial for all possible developments, redesign of the BART parking area to create better pedestrian and shuttle bus access toward Dixon St., eco-pass, reduced parking requirements, a BART to Fairway shopping rapid shuttle bus, and pedestrian design for Dixon? How would you deal with the social problems?
8. Bunker Hill. Would you support a program to prioritize this area now owned by Caltrans for staff and faculty housing for CSUEB Hayward and to extend Bunker Hill to Carlos Bee across campus land?
RECREATION AND OPEN SPACE
9. Would you support designating a path for bicycles and pedestrians along the old 238 ROW, including a park on top of Water Tank Hill?
10. Would you support open space for the Caltrans property above the cemetery and Moreau High Sch ool and below the university? How can it be achieved?
11. Development of the old Highland School property is threatening a small soccer field much used by neighbors. Would you support protecting this open space?
12. Would you support day-lighting the waterway from Harder to Tennyson and creating a bicycle trail along it?
13. The City does not have a history of protecting creeks and does not have a creek protection ordinance. City reports have referred to water channels as "ditches" that have no wildlife habitat value, have ignored the ecological values of natural drainage systems and have avoided incorporating natural water channels into development projects. Would you support the city a city creek protection ordinance?
SIERRA CLUB ENDORSEMENT PLEDGE
The Sierra Club can:
1. E ndor se, which can include staff help, publicity, mailings, contributions and fund-raising.
2. Action short of endorsement, which can allow a candidate to identify supporters by their Club titles, use Club mailing lists for mailings. The Club may describe the candidates records in newsletter articles.
3. Oppose.
4. Remain neutral. The Club may describe the candidates records in newsletter articles.
A few candidates have misrepresented action short of endorsement in their literature or statements to the press as a Sierra Club endorsement. Others, while not endorsed, have quoted selectively from Sierra Club articles to suggest Club support for them or opposition to their opponent. Others, also not endorsed, have advertised their support by Sierra Club members or leaders to give the impression of Club support. To protect the validity and credibility of the Sierra Club endorsement, we ask each candidate seeking our endor sement to s ign the following pledge:
I pledge not to misrepresent any Sierra Club support of me nor any of my opponents; nor to quote the Sierra Club to give any such misimpressions; nor to report a supporter of mine by their Sierra Club affiliation to convey any such misimpression. In other words, I pledge to represent the Sierra Club position honestly and fully, and to seek guidance from the Club on interpretation of this pledge.
NAME___________________________ OFFICE SOUGHT__________________________
SIGNATURE____________________________________DATE________________________
The Southern Almeda County Group and the Political Committee of the Bay Chapter of the Sierra Club voted unanimously to endorse
Bill Quirk
Barbara Halliday
Olden Henson
Linda Bennett
Steve Bristow
for Hayward City Council.
If you have questions about how to use the endorsement, please email or call me or Glenn Kirby.
The interview committee was very favorably impressed with all the candidates we interviewed and with your answers to the questionnaire, so it was mostly a question of trying add positives and make the best judgment we could. The Club tries to endorse balancing environmental positions with political viability.
Newcomer Rob Simpson, who gave us an excellent questionnaire, received action short of endorsement, which allows him to identify supporters by their Club titles (showing a name followed by the title) but not claim Club endorsement.
Many thanks for the time you took to fill in the questionnaire and to come and be interviewed. Hayward won't lose regardless of who wins in June.
--
Sherman Lewis, Professor Emeritus, Political Science
California State University, Hayward
2787 Hillcrest Ave., Hayward CA 94542
510-538-3692 sherman@csuhayward.us
www.quarryvillage.org; //class.csueastbay.edu/politicalscience/Sherman_Lewis.php
