Posts Tagged ‘declaration’

The Empire Strikes Back – Rob Anderson, Others Possibly on the Hook for $52K due to the Bike Plan Injunction

Thursday, September 9th, 2010

[UPDATE: Word comes from City Attorney Press Secretary Matt Dorsey. Yes, they’re looking for $52k:

“The City is seeking to recover its costs related to the preparation of the administrative record and excerpts of the record requested by the court.  We are also seeking to recover the costs we incurred in serving by messenger the attorney for the petitioner.  The recovery of these costs, which total $51,959, is authorized by the California Code of Civil Procedure.  

Aggressively pursuing the fullest possible recovery of the City’s costs in litigation is a standard practice by the City Attorney’s Office.  (And I would assume that’s similarly true of other law offices, both public and private.)”

And here’s another update:

“We’re seeking to recover costs from the petitioners as a whole, so all of them.  Assuming we prevail, they can decide among themselves how to apportion what they owe.  

Also, we haven’t received a copy of it yet, but it appears from the docket that Ms. Miles filed a motion to strike the cost bill.  The hearing is set for January 7.”

So, there you have it.]

[Launching watermelons (two minutes long – there’s a nice payoff with a slo mo bonus) can be fun but it’s always best to quit while you’re ahead…]

I don’t know, I can’t say I understand all this about social gadfly Rob Anderson, or the Coalition for Adequate Review (CAR), or “Ninty-Nine Percent Anderson” or some other person or entity being on the hook for expenses incurred by the City and County of San Francisco because of the whole Bicyle Plan injunction/litigation thing.

But word on the street today is that S.F. is pressing the case to get $52k in legal costs reimbursed. It’s all explained on the Holier Than You blog.

See?  (I’ll tell you, physics majors who went to UC Hastings are known to be extremely reliable sources of information, so that’s why I’m buying all this.)

Anyway, appears as if this case will continue into 2011, believe it or not.

Here it is in black and white:

“AUG-19-2010 MEMORANDUM OF COSTS AND DISBURSEMENTS, $51,959.00 TOTAL COSTS, MATURE DATE SEP-10-2010, FILED BY DEFENDANT CITY AND COUNTY OF SAN FRANCISCO”

“SEP-08-2010 NTC AND MOTION TO STRIKE OR IN THE ALTERNATIVE TO TAX RESPONDENTS COXT CLAIM; MEMO OF P AND A; DECLARATION OF MARY MILES IN SUPPORT ; DECLARATION OF ROB ANDERSON, PROOF OF SERVICE FILED BY PETITIONER COALITION FOR ADEQUATE REVIEW NINTY-NINE PERCENT ANDERSON, ROB HEARING SET FOR JAN-07-2011 AT 09:30 AM IN DEPT 301.”

On It Goes…

Ocean Beach Erosion Town Hall Meeting Tonight at the Great Highway’s Park Chalet

Monday, January 25th, 2010

Our neighbors in the Great Sand Waste* of the Outside Lands are having a little trouble with the partial collapse of the Great Highway near Sloat, so there’ll be a meeting tonight at 7:00 PM:

“A community meeting is being held on Monday, January 25th at 7:00 PM at the Park Chalet (located behind the Beach Chalet at 1000 Great Highway just south of Fulton in San Francisco) to discuss the proposed actions at Sloat Boulevard. The DPW Project Manager, Frank Filice will be there to discuss the emergency declaration, the short-term strategy, and a process for a long-term solution. Everyone who has an interest in the preservation and the future of Ocean Beach is encouraged to attend. The emergency declaration will go before the San Francisco Board of Supervisors for ratification the following day, Tuesday, January 26th.”

Will San Francisco “armor the beach or something? Stay tuned…

by k. riccitiello

If that doesn’t float your boat, there’s always, this:

“The Park Chalet will be offering $2 pints and extending their $5 happy hour menu of appetizers all night for the event.”

See you there.

*Look at this – snark from 160 years ago: The True Story of How San Francisco Received Its Name:

“San Francisco – this is a derivative word from sand and Francisco. In the early settlement of this country it was the custom of an old monk of the interior, by the name of Jeremiah Francisco, to perform a pilgrimage to this place every month, to visit the tomb of a brother of the order whose remains he had here interred. The wind “blew like mad” here, and upon his return he was usually so covered with the dust and sand, that his neighbors were unable to recognize him; hence they soon began to call him sand Francisco.

On one of his pilgrimages he happened, by mistake, to die here, and the place ever after was called by his name. From the difficulty of enunciating the d, it was usually called SAN FRANCISCO, and has so continued to this day. The present popular notion that the place was named after the St. Francis Hotel is an error!

California Weekly Courier
August 1, 1850″

Dennis Herrera Acts to Protect Tenants If Landlord Fails to Pay Utilities

Wednesday, February 25th, 2009

Here’s a little equation relevant for these times:

Declaration signed by Department of Building Inspection Director Vivian L. Day and City Attorney Dennis Herrera + California Civil Code + California Public Utilities Code = Your apartment building not getting cut off from utilities despite your deadbeat landlord not paying the bill.

Read all about it, below.

San Francisco City Attorney Dennis Herrera addressing a large crowd in City Hall last year:

Declaration Triggers State Laws to Protect S.F. Tenants From Utility Shutoffs. Termination of Gas, Electricity Services Due to Owner Nonpayment Poses ‘Significant Threat’ to Public Health and Safety, City Finds

A declaration signed by Department of Building Inspection Director Vivian L. Day and City Attorney Dennis Herrera triggers provisions of state law that will protect tenants of master metered multiunit buildings in San Francisco from losing gas, heat and electricity services if their landlords stop paying their utility bills. The 2-page declaration issued today concludes that “the termination of private utilities at a master metered building will be automatically deemed to cause a significant threat to the health or safety of the residential occupants or the public,” and establishes that no such utilities be terminated to occupied master metered multiunit residential buildings in San Francisco because of the landlord’s failure to pay. The declaration will remain in effect through Dec. 31, 2010.

“Given the number of reports of utility shutoffs and the uncertainty in our economy, this declaration is a prudent and necessary step that protects not only tenants, but all San Francisco residents,” said City Attorney Herrera. “The state laws triggered by today’s action were enacted to protect public health and safety in circumstances exactly such as these. DBI Director Vivian Day and her staff deserve credit for their hard work to address these concerns proactively, and I appreciate, too, the efforts of community groups like the Housing Rights Committee of San Francisco to protect tenants during these difficult economic times.”

“We know from experience,” said DBI Director Day, “that interruption of utility services can cause
residents to try to make due with illegal generators and unauthorized heating devices, and that these pose significant health and safety risks to themselves and their neighbors. This declaration is an important step to eliminate such risks in the midst of the current foreclosure crisis. I am grateful to City Attorney Dennis Herrera for his leadership, the work of his office, and the pro-active efforts by community groups, to help the Department of Building Inspection protect the interests of all San Franciscans.”

While today’s declaration is not limited to residential buildings facing foreclosure, reported cases of utility shutoffs affecting tenants due to non-payment by landlords have spiked dramatically during the
recent housing foreclosure crisis. Findings cited in the City’s declaration note that “foreclosures have
increased by as much as 450% over the past year” in some San Francisco neighborhoods, and one tenant advocacy organization—the Housing Rights Committee of San Francisco—is “reporting that they are seeing an average of one case per day” of utility shutoffs to tenants through no fault of their own.
Today’s declaration follows a public memorandum Herrera issued on Jan. 16 outlining the rights of San
Francisco tenants under state and local law to remain in their rental units and continue to receive utility service when residential property owners face foreclosure by creditors or delinquency on utility bills. The 11-page memo issued to DBI Director Day, SFPUC General Manager Ed Harrington and Director of Public Health Dr. Mitch Katz identified legal provisions in California law that compel such privately owned utilities as PG&E to continue gas and electric service when a public health or building officer certifies it is necessary to protect life, health or safety.

The San Francisco Public Utilities Commission, which operates the City’s publicly-owned water and
wastewater utilities, has a standing policy against shutting off utility services to its customers who are
tenants for non-payment by their landlord, and rather pursues collections by placing liens on delinquent
landlord’s building. SFPUC policy additionally affords tenants or their representatives the option of
establishing a new account for service, directly with the PUC, without being responsible for the past
delinquencies of their landlord.