Posts Tagged ‘injunction’

Oh My: Rob Anderson and Mary Miles Take Aim at the SFMTA’s Plans for Polk Street

Tuesday, March 3rd, 2015

This was the team that tied SFGov up in knots with an injunction for four long years.

They’re ba-aack:

FROM:
Mary Miles (SB #230395)
Attorney at Law
for Coalition for Adequate Review
San Francisco, CA 94102
TO:
Edward Reiskin, Director
Roberta Boomer, Board Secretary
and Members of the Board of Directors of the Municipal Transportation Agency
#1 South Van Ness Avenue, 7th Floor
San Francisco, CA 94103
DATE: March 3, 2015
PUBLIC COMMENT, MTA BOARD MEETING OF MARCH 3, 2015, AGENDA ITEM 12 (“Polk Streetscape Project”)
This is Public Comment on Agenda Item 12, the “Polk Streetscape Project” (“Polk Project” or “the Project”), on the MTA Board’s March 3, 2015 Agenda. Under the Brown Act and CEQA, you are legally obligated to accept and consider this Comment and to place it in all public files on the Project. Therefore, please assure that this Comment has been distributed to all members of the MTA Board and placed in all applicable files on the Project.
The “categorical exemptions” invoked do not apply to the Project, and therefore you may not lawfully approve the Project or any part of it as proposed, since such approval will violate the California Environmental Quality Act (“CEQA”) (Pub. Res. Code §§21000 et seq.)
The Project proposes to reduce traffic and turning capacity on Polk and other Streets by eliminating existing parking lanes, reducing traffic lanes and installing obstructions to traffic flow and turning on this busy commercial corridor.
The unusual and highly inconvenient scheduling of this hearing before the MTA Board after 3:00 p.m., on a day with an extraordinarily long MTA Board Agenda shows the MTA Board’s contempt for the public and the significant impacts of the Project. The hearing should be continued to a date and time when the public can be heard without waiting hours for hearings on unrelated matters, and where the public’s comments will receive the Board’s full and serious attention. The hearing precludes public attendance by many people, including all those people who have to be at work. Combined with the short notice, that scheduling deprives the public of the opportunity to meaningfully participate in the environmental review and administrative proceedings on the Project.
On January 15, 2015, the San Francisco Planning Department issued a “Certificate of Determination of Exemption from Environmental Review” (“Exemption”) claiming that the Project was categorically exempt under Classes 1, 2, and 4 of CEQA, invoking 14 Cal. Code Regs. [“Guidelines”] §§ 15301, 15302, and 15304. None of those categorical exemptions apply to this Project. Further, the significant cumulative impacts on traffic, transit, parking, loading, and air quality caused by the Van Ness BRT project one block away, and by the CPMC Project at Van Ness Avenue at Geary Boulevard, make the Polk Project not categorically exempt. (Guidelines §15300.2) Both of those Projects also present “unusual circumstances” precluding categorical exemption of the Polk Project.
1. The Polk Project Does Not Fit Within The Categorical Exemptions Invoked…

Heh: “Laws Don’t Exist Merely to Frustrate the Business Ambitions of Coastal Hipsters” – Writer Paul Carr vs. Uber Taxi

Thursday, October 25th, 2012

Via Monika Bauerlein comes this take-down of Uber Cab, and Lyft and Side Car and the like as well, I suppose.

A quote of a quote:

Matt Kochman… served as Uber’s founding general manager in New York before he left last year. Kochman left Uber to do consulting for transportation brands and startups, fed up with Uber’s irreverent attitude toward regulators. “Discounting the rules and regulations as a whole, just because you want to launch a product and you have a certain vision for things, that’s just irresponsible,” Kochman said.

Yep, pretty much.

Today on KQED-FM at 10:00AM: “Critical Mass, 20 Years Later” – Michael Krasny – Commute Clot Anniv.

Monday, September 24th, 2012

Well, today’s the start of San Francisco Critical Mass Week 2012.

Michael Krasny of KQED Forum will kick things off with a one-hour show on the history of Critical Mass.

And then festivities will end, of course, this Friday with the big 20th Anniversary Ride the evening of September 28th, 2012. (Not that you’d know it from the San Francisco Bicycle Coalition website’s “Chain of Events” section, where all info about CM* is now censored.)

Suddenly surrounded by bicycles:

All the deets:

“It started with a bike ride in San Francisco on Sept. 25, 1992. About 50 people cycled in a pack along Market Street, hoping to earn some respect from drivers who sometimes ignored them or edged them off the road. They called it the “Commute Clot.” Today it’s known as Critical Mass, a movement that’s spread worldwide. Supporters say it promotes cycling and the rights of bicyclists. But critics say it is illegal, clogs traffic and antagonizes drivers. We talk about Critical Mass’ 20th anniversary, and its effects on the city.

Host: Michael Krasny

Guests:

Chris Carlsson, co-founder of Critical Mass who was part of the first ride on Sept. 25, 1992, and has since participated in Critical Mass rides in Milan, Vancouver and Porto Alegre, Brazil

Hugh D’Andrade, founder of SFCriticalMass.org

Rob Anderson, blogger on transportation issues and author of the blog District 5 Diary

Tune in at 10:00 on your radio or on your device, Listen Live.

*The SFBC raises money through fees but it also gets mucho dinero directly from SFGov. So that’s why it endorsed Ed Lee for Mayor even though SFBC’s members generally did not and still do not like Ed Lee. Similarly, Chrstina Olague, Mayor Ed Lee’s hand-picked recruit for District 5 Supervisor, gets endorsed over Julian Davis even though SFBC members actually favor JD. The SFBC is basically a quasi-government agency now, so it’s very afraid of seeming to say something negative about certain members of the City Family. It’s also afraid of hurting the chances of its officers someday getting jobs / health care directly with SFGov / SFMTA. Anyway, that’s why the SFBC is basically a SFGov kiss-ass these days. It will lobby San Francisco government, certainly, but that’s about as far as it wants to go. (Think about it – who would the SFMTA endorse for Mayor?)

There’s Way More Poo in Justin Herman Plaza Now Than During the Height of OccupySF – Why Is That?

Wednesday, December 28th, 2011

Horses, that’s why. Police horses, that is.

JHP poo, tourists, the Embarcadero, and Ferry Building. Welcome to San Francisco!

Click to expand

Perhaps the super-whiny whiners in the the area, such as Boston Properties* and whoever, will start writing sneaky letters to SFGov about how they’re going to sue, sue, sue over horse poo now?

Perhaps.

So, now that OccupySF is over, area property owners are happy? Really? Mmmm.

And who was it, was it Hawaiian Airlines or Disney what was demanding the end of OccupySF? Maybe I’ll look into that and see how they feel about Occupy. [Cough, boycott, cough.]

On It Goes…

*Owner of Embarcadero Center or someplace. (Now isn’t that a great name for a San Francisco company?) 

The Green Bicycle Box on Scott Near Oak Appears to be Working as Designed – It’s Getting Used, Anyway

Friday, October 22nd, 2010

Our Scott Street Bike Box appears to be working as desgined.

So much so, that there’s not enough room for all the cyclists, at times.

The thing remains invisible to drivers at night, but that doesn’t appear to have caused any issues, AFAIK.

Click to expand

The SFPD apparently had a short-term enforcement action against cyclists cheating on the left turn most of them make a block later at Fell, but I haven’t heard about anything like that lately.

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…

Have Your Shyster Try to Opt You Out of SF’s Gang Injunctions, If You Want

Thursday, August 12th, 2010

I mean, it’s your right, after all.

All the fresh new deets, and .pdf forms as well, are right here.

“City Attorney Herrera has obtained civil injunctions against five violent street gangs that have long plagued San Francisco neighborhoods with their criminal and nuisance conduct.  Named in the gang injunctions so far issued by the San Francisco Superior Court are the following:

  • The Bayview/Hunters Point-based Oakdale Mob
  • The Mission-based Norteño gang
  • The Western Addition-based Chopper City gang
  • The Western Addition-based Eddy Rock gang
  • The Western Addition-based Knock Out Posse gang

Herrera is currently pursuing a new injunction against two more gangs:

  • The Visitacion Valley-based Down Below Gangsters
  • The Visitacion Valley-based Towerside Gang”

It Begins: San Francisco’s First Post-Injunction Bike Lane Goes In, As Scheduled

Monday, August 9th, 2010

See? Right on schedule:

Via loveletterstosf, click to expand.

The San Francisco Bicycle Coalition has all the deets and here’s what the Mayor had to say after his “self-congratulatory press conference,”  after the jump

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Post-Injunction S.F. Gets Moving: New Bike Lane on Townsend Today at 1:00 PM

Monday, August 9th, 2010

Erin Sherbert has the story of today’s ceremony honoring the recent lifting of the San Francisco Bicycle Plan injunction.

(Leave us remember that the four-year-injunction was 100% not the fault of Judge Busch.)

Anyway, look for something like this to go down on Townsend today at 1:00 PM, somewhere near Fourth Street in the SoMA:

 

But this event will probably push some over the edge. Like the snarky people at Enough, we say, enough:

OK, we get it, now the city can paint some stripes on the road and call them ‘bike lanes.’ Stop shitting yourself.”

How wude!

Oh well…

San Francisco Bicycle Plan Injunction Finally Lifted by Judge Peter Busch

Friday, August 6th, 2010

Here’s the news from the office of City Attorney Dennis J. Herrera: The Bicycle Plan injunction has beeen lifted.

Judge Busch finds that City has complied with CEQA, grants City’s request to allow remaining safety, usability improvements

SAN FRANCISCO (Aug. 6, 2010) — San Francisco Superior Court Judge Peter J. Busch issued an order late this afternoon finding San Francisco in compliance with the California Environmental Quality Act, or CEQA, in seeking to implement its Bicycle Plan citywide. The ruling effectively dissolves an injunction that continued to prohibit City engineers from moving forward on some planned bicycle route improvements intended to enhance the safety and usability of streets for bicyclists. A previous order from Nov. 2009 lifted significant portions of the original 2006 injunction, but left limited restrictions intact while the adequacy of environmental review for certain projects was adjudicated.

“I am very gratified by the ruling from Judge Busch, who carefully considered an enormous amount of evidence in this case, and found that the City met its environmental review requirements,” said City Attorney Dennis Herrera. “Today’s decision clears an important hurdle toward making San Francisco safer for bicyclists, and healthier for all of us. I am very thankful to the many dedicated public servants involved in this policy initiative and meeting the stringent legal requirements to fulfill it, including Mayor Gavin Newsom and the Board of Supervisors, the Municipal Transportation Agency, and the Planning Department.”

The case is: Coalition for Adequate Review et al. v. City and County of San Francisco, San Francisco Superior Court No. 505-509, filed July 28, 2005

So there you have it. “Crazy”* Rob Anderson has driven his dead-bang winner of a lawsuit, one that put him on the front page of the Wall Street Journal…

…and made the City and County** look like a bunch of fools, into the ground. He didn’t know when to quit. (The time to quit would have been when the City finally complied with the requirements of CEQA.)

Who knows, maybe he’ll come up with another beautiful lawsuit idea, another slam dunk, but don’t count on it.

Sic Transit Gloria Anderson

*That’s what they called him, out of frustration, back when they had to pay attention to him.

**”Hey remember when we said we were going to start working on those reports earlier and go faster? Forget all that. Actually, we’re going to start later and go slower. We were going to tell you sooner but…”

[UPDATE: The Mayor would like to add a few words. See them after the jump.]

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