Battle over rooftop cell phone antennae near school

by Paul Kozakiewicz

A fight has erupted between two Jewish organizations over the installation of cell phone antennae.

The Lisa Kampner Hebrew Academy of San Francisco, located at 645 14th Ave., is an orthodox Jewish school with about 250 students, many of them immigrants from Russia and the former Soviet Union. It is located next to the Bureau of Jewish Education, a non-profit group that promotes Jewish education, promotes connections to Israel, and provides student scholarships.

The Bureau of Jewish Education wants to install six AT&T antennae on the roof of its building in fake chimneys to earn extra money and has applied to the SF Planning Commission for a Conditional Use Permit, which is scheduled to be heard Nov. 3.

When teachers, administrators, parents and students got wind of the plan, they organized to fight it.

According to Rabbi Pinchas Lipner, dean at the Hebrew Academy, two meetings with the leadership at the Bureau of Jewish Education failed to produce results. The Bureau claims the antennae are safe because scientists have been unable to make a solid link between electromagnetic radiation from cell phones and cancer or other health-related issues.

On Oct. 26 about 80 concerned people gathered at the Hebrew Academy to plot strategy.

“We’re up against tremendous forces,” Lipner told the crowd. “We have to tell them our lives are in danger.”

Numerous people volunteered to attend the Planning Commis­sion meeting to oppose the antennae and some said they would write letters, sign petitions and contact elected officials.

If the Planning Commission approves the permit, the group plans to take its appeal directly to the SF Board of Permit Appeals and/or the SF Board of Supervisors.

The Planning Commission was originally slated to hear the permit application at its Oct. 13 meeting, but that date was during the Jewish holiday of Sukkot, which lasts eight days and restricts the ability of Orthodox Jewish people to drive or ride in vehicles.

When Lipner complained about the timing of the hearing, AT&T rescheduled it for early November.

According to David Waksberg, an AT&T representative, there are already two antennae located on the Bureau of Jewish Education and he did not anticipate any problems adding six more.

Lipner said he did not know there were already antennae on the roof of the building or whether or not he will pursue the removal of them. Because the agreement between the Bureau of Jewish Education and AT&T is private, it is unknown what the two parties have agreed to.

Critics Not Happy About Lake Merced Plan

By Thomas K. Pendergast

A proposed Memorandum Of Understanding (MOU) between the San Francisco Public Utilities Commission (PUC) and the San Francisco Recreation and Park Department drew fire from critics recently when it went public. The document caused some local community organizers to call it more of the same reason why Lake Merced has deteriorated so much over the years.
Docks are rotting below the water line of the 272-acre freshwater lake and fish stocks are low; the old boathouse is falling apart and there has not been a bait and tackle supply store there in years.
The five-page draft MOU gives overall management of the area to the PUC, with the specific task of maintaining water quality. Managing recreation activities, gardening and maintaining the building facilities, including dealing with concession leases, will continue to be done by Rec. and Park, with some money for those tasks coming from the PUC.
When Steven R. Ritchie of the PUC presented the draft MOU to an audience of about 40 people in the clubhouse at the Harding Park Golf Course on July 19, he addressed concerns that budget cuts to Rec. and Park would leave them without enough money to properly staff Lake Merced or ensure good maintenance, causing its deterioration to continue.
“The responsibility of the PUC is to make sure that the lake is managed properly and manages it,” said Ritchie. “Does that mean managing all of the individual pieces for recreational purposes? Not necessarily. I think that’s something we need to count on Rec. and Park to do, but we need to hold them accountable for the management of those. I think that is something that we are continuing to do much more of than we’ve ever done before.”
Dick Morten, a local citizen, questioned Ritchie on whether Rec. and Park had the resources to fix up the lake and keep up with maintenance.
“I don’t see them, with their budget constraints, with all the operational problems that they have, being able to devote any resources,” said Morten. “I just don’t have the confidence in them.”
Jerry Cadagan, a member of the Committee to Save Lake Merced, emphasized the issue of accountability and expressed doubt about the draft MOUs approach to holding the department responsible.
“We want accountability and what this MOU describes is status quo,” said Cadagan. “When people have a question about ‘why isn’t there a fishing concession?’ or ‘why is somebody pushing nutrients into the lake?’ who do you ask? Who do you talk to? We want a single point of accountability.”
After the meeting, Ritchie gave specifics on how the PUC will enforce accountability for Rec. and Park.
“Our Natural Resources and Land Management Division, they’re the folks who manage our watersheds outside of San Francisco and they’ll get responsibility here,” he said. “They’re used to that characteristic of having to enforce rules and regulations for land use. They would hold Rec. and Park accountable if they’re not holding up their end of the bargain.”
One of the more expensive problems is the dilapidated state of the boathouse. Some in the audience thought it was too far gone to save and it would be better to tear it down and build a new one. Ritchie, however, said the money for that is not there so the plan at this point is for the PUC to fix up the building to the point where it is habitable.
During the meeting, Ritchie confirmed that it would take between $2 million and $3 million to completely renovate the building and bring a restaurant into the boathouse.
“We don’t have that much money available,” he said. “We’re bringing it up to a blank slate with operable bathrooms and something that then is presentable so that you can actually look at for further fix-up to make it truly useful.”
Ritchie said the PUC has about $1.1 million set aside for making the boathouse operable.
A representative of Rec. and Park said the activities that will be offered are essentially the same as now, including rowing, kayaking, sailing and fishing.
Morten asked who is going to manage all these activities?
Lev Kushner, Rec. and Park’s assistant director of strategic partnerships, said the Rec. and Park Department is going to run waterfront recreational activities.
“With who?” Morten responded. “Where are you going to get the staff when you can’t keep open existing facilities?”
“That’s what you’re hearing me say – we have staff,” Kushner explained. “We have a new waterfront recreational director.”
Connie Chan, director of public affairs for Rec. and Park, elaborated on the department’s staffing at Lake Merced.
“We currently have three people coordinating Rec and Park’s waterfront recreational activities citywide,” she said. “Our fall programming will include activities at Lake Merced and the rest of the City. Recreation staff will be assigned at Lake Merced to provide water sports programming during specific time slots. Under our new recreation model, our recreation staffs are assigned to many locations based on their recreational expertise.”
Suzanne Gautier, a spokesperson for the PUC, confirmed that under the draft MOU, her agency continues to provide about $300,000 annually to Rec. and Park for operating and maintaining restrooms, paths, benches, picnic areas, security structures and providing trash collection and custodial services.
“There’s a lot of frustration that people would like to see improvements take place and they haven’t happened nearly as fast as anyone would like,” Ritchie said after the meeting.

 

Muni Proposes Cutting, Changing Bus Lines

By Jonathan Farrell

More than 200 people were in attendance at Dianne Feinstein Elementary School to learn more about Muni’s Transit Effectiveness Project (TEP) April 26.

The project has been eager to get public comment regarding preliminary proposals for Muni service changes and reliability improvements. As part of a series of 11 community meetings being held throughout San Francisco, Muni is seeking public suggestions to revitalize the Muni system.

Some of the proposed route changes that Muni wants to review for District 4 (which includes the Outer Sunset and Parkside districts) are:

• The 66-Quintara line would be discontinued;

• Increasing service on the N-Judah and L-Taraval streetcar lines;

• Operating the 71L-Haight/Noriega Limited all day;

• Extending the 28L-19th Avenue Limited through the Marina District to Van Ness Avenue and to the Balboa Park BART station and Mission Street. (This option could be extended further to Visitacion Valley in the enhanced resource scenario.);

• Serving Ocean Beach all day with the 48-Quintara/24th Street line;

• Combining the 18-46th Avenue and 23-Monterey lines to improve connections between the Outer Sunset and Glen Park BART;

• Combining the 16AX and 16BX Noriega Expresses into a single route, running twice as often, and extended to the financial district.

Muni hopes these efforts will not only benefit current transit customers, but will improve mobility for everyone who lives, works or visits San Francisco.

Most of the feedback at the meeting was positive.

“People talked about a variety of issues regarding Muni,” said TEP Manager Julie Kirschbaum. “People were very pleased that more service will be added to the N-Judah and L-Taraval rail lines.”

There were some concerns expressed about the potential loss of the Quintara #66 line, which runs along a portion of Quintara Street into the Golden Gate Heights.

“People value that bus route, but it has few riders,” Kirschbaum said.

The Muni #48 bus line has a stronger ridership so Muni would like to merge a portion of the #66 route with the #48.

Yet, Kirschbaum pointed out that all proposed changes are “simply proposals, no decisions have been made.”

She noted that some erroneous signs and flyers with misinformation were posted in the area.

“Those signs and flyers were illegally posted and were not put up by Muni ,” she said. The signs said Muni would be discontinuing the #6-Parnassus and #71 Noriega lines.

“This was false,” said Judson True, a media relations manager for the SF Municipal Transportation Authority.

Muni is working to design all proposals and drafts to transform the transit system into a world-class, reliable and rider-friendly system. It is working with various groups, including the San Francisco Planning and Urban Research Association (SPUR) and Rescue Muni.

“It’s about time the City updated its service plan to provide great transit for 21st century conditions,” said Dave Snyder, a policy director with SPUR. “TEP recognizes that we need to make some pretty drastic changes to speed up the buses on streets with unprecedented levels of traffic, so it concentrates those changes on the routes that carry the most people.”

For more information about the date, location and time of the next TEP meeting, go to the Web site at http://www.sftep.com or call the city’s customer service information line at 311. There are Cantonese and Spanish language speakers available and there is a Fast Pass raffle at each meeting.

John M. Lee: Buying a Property 'As Is'

In today’s real estate market, most sellers are still able to sell their properties “as is.” What exactly does that mean? What are the ramifications to both the buyers and sellers? Is it a good idea?

Even with the slight slowdown in the summer real estate market, there are still multiple bids on many properties, and some buyers are tempted to submit “as is” offers to sellers so they can have an advantage over other buyers.

When a property is sold “as is,” it usually means the seller will not warranty the condition of the property. The buyer buys the property in its current condition, and takes responsibilities for correcting any and all defects. Some properties are sold “as is” because the seller acquired the property through adverse conditions, such as a probate or foreclosure.

In this case, the seller might not have any knowledge about the condition of the property, and thus cannot disclose much, so the property is sold in “as is” condition.

In the past, buying an “as is” property meant purchasing it without the benefit of any inspections. Even as recently as 15 years ago, many houses were purchased without inspections.

However, a contractor and a pest control inspection are commonplace in today’s real estate transactions. As a real estate professional, I would never recommend buying a property without inspections unless the buyer is very sophisticated or intends to tear down the whole building. Instead, if the buyer is willing to purchase the property in its present condition, I would recommend buying it, but subject to inspections. I have seen many hidden defects in homes that looked perfectly fine. Getting an inspection and paying for it is what I call cheap insurance for such a large investment.

I would advise the buyer that if the seller rejects his offer because someone else is willing to buy it without the benefits of inspections, so be it because there is always a bigger fool out there, and it would not be in the buyer’s best interest to purchase in this manner.

Alternatively, on a probate or foreclosure sale, where offers must be “as is” with no inspection contingencies, I would recommend that the buyers obtain their inspections up front before the offer is prepared. Even though it will cost them several hundred dollars, the expense involved is miniscule compared with the investment.

From a seller’s standpoint, I would also advise allowing full inspections for potential buyers. If a seller does not allow inspections, and problems are discovered after the close of escrow, the buyer can always come back and sue the seller for non-disclosure and not allowing the buyer to do his or her own inspections, especially if the seller allowed the buyer to obtain inspections, these defects would have been discovered and would have materially affected the value of the property.

Also, by allowing inspections, the seller has shifted some liability to the buyer.

In today’s real estate environment, many times sellers will spend the money to hire a termite inspector and a contractor to inspect the property prior to putting it on the market. I believe this is a prudent move as all the defects will be disclosed up front and the buyers may then make an intelligent decision on what the property is worth and if they are willing to tackle the work after the close of escrow.

Also, this will eliminate a second round of negotiation that inevitably occurs if the inspections are performed after the offers are accepted and damages are found. In this litigious society, both buyers and sellers cannot be too careful and should take every precaution possible to minimize any surprises that can occur after the close of escrow.

Buying properties “as is” without the benefits of any professional inspections can increase the possibility of problems for both buyers and sellers.

If you have any questions regarding real estate, you can reach John M. Lee at (415) 447-6231 or e-mail him at johnlee@isellsf.com.

Invasive Plants Pulled from Pine Lake, Restoration Continues

By Ryder W. Miller

Visitors to Pine Lake Park at Stern Grove will be able to see it’s waters again now that the invasive ludwegia plants that once covered it’s surface have been removed.

But it will take some time for the full benefits of the restoration to be apparent and some replanting may be necessary. The lake has not been cleared of its surface vegetation for almost 10 years. Unfortunately, some native plants were removed with the invasive ludwegia, and the shoreline is bare in places.

“Restoration areas take a long time to achieve their maximum habitat value,” said Dan Murphy, Sunset resident and former president of the local chapter of the Audubon Society. “We’ll be watching Pine Lake and hoping for the best.”

Mallards, which like open waters, are again abundant at Pine Lake, but the Pied-Billed Grebes that like the tangle of ludwegia are gone. The Bulrushes, which were removed, have not recovered so there are presently no Red-Winged Blackbirds, and they may not return until the Bulrushes grow back.

Most of the land-birds that use the area are still present, said Murphy. He said it may take five to 10 years for Pine Lake to fully achieve the result intended by the restoration.

The concerts at Stern Grove are not an issue for Pine Lake, but renowned birder Murphy had some concerns.

“There isn’t much that’s necessary for anyone to do to reduce impacts on birds from the Stern Grove summer concerts. The area is heavily impacted by people and dogs on a daily basis throughout the year,” Murphy said. “The concerts themselves are probably of little impact. The number of people who attend may be more of a disturbance, but I suspect even that is of little impact that late in the nesting season. I’m sure that when one of those baby birds fledge they get out of there.”

Parts of Pine Lake are presently fenced off, but the birds are always welcome.

“The impact of the concerts on the western part of the park can’t be assessed, but it is pretty minimal. I don’t think the concerts are an issue,” wrote Murphy.

As of presstime, the SF Recreation and Park Department could not be reached for comment.

“It is nice to see the lake,” said a passerby observing a Great Blue Heron on Pine Lake.

Restoration efforts in other parts of the city have shown mixed results.

Murphy said positive results have been seen at the Mesa at Lake Merced, which has been under a slow restoration effort for the past 10 years. White-Crowned Sparrows should be the indicator species there, he said.

Stern Grove Gets Ready for 69th Season

A beloved Bay Area tradition returns as the Stern Grove Festival celebrates its 69th season with 10 free concerts every Sunday from June 18 through Aug. 20. The concerts will be held at Sigmund Stern Grove, located at 19th Avenue and Sloat Boulevard, at 2 p.m.

Scheduled performances are:
• June 18, singer/songwriter Aimee Mann and Brazilian Seu Jorge take the stage for the first of this summer’s performances;
• June 25, Malian blues duo Amadou & Mariam perform with the Otis Taylor Band;
• July 2, New Orleans brass ensemble Rebirth Brass Band and Zydeco musicians Geno Delafose and French Rockin’ Boogie;
• July 9, an annual favorite, the Grammy-winning San Francisco Symphony, with conductor Edwin Outwater at the helm;
• July 16, Hawaiian vocal ensemble Makaha Sons and the San Francisco-based hula dance troupe Halau ‘o Keikiali’I;
• July 23, soul and gospel singer Mavis Staples and roots music performer Jackie Greene;
• July 30, the San Francisco Opera hosts international opera stars Stephanie Blythe and Lawrence Brownlee;
• Aug. 6, the Spanish Harlem Orchestra plays classic salsa and Ska Cubano plays Cuban-rooted rhythms;
• Aug. 13, the San Francisco Ballet returns to Stern Grove in its only Bay Area summer appearance;
• Aug. 20, Latin hip-hop performer and Grammy winner Oxomatli and local hip-hop band Crown City Rockers end the lineup of summer concerts. Pre-concert talks with the performers, educational programs for children, and the opportunity to participate in blood drives prior to some concerts will also be available. The free concerts do not require tickets or advance reservations, but attendees are encouraged to arrive early for the best lawn seating.

For more information about the Stern Grove Festival, call (415) 252-6252 or visit the concert series Web site at http://www.sterngrove.org.

Capt. Keith Sanford: Traffic Safety Enforcement

Last year, Taraval Station officers issued 6,389 citations to motorists in the Sunset and Parkside districts who violated traffic laws. These statistics do not include the number of citations issued by our SFPD Traffic Company’s solo motorcycle officers who patrol our district additionally under the management of Capt. Greg Corrales.

My attendance at community meetings throughout the district has brought to my attention a number of complaints from motorists and pedestrians, which include drivers who speed and fail to stop at stop signs and red lights and pedestrians who violate right-of-way laws.

During 2003, there were 10 traffic fatalities (five pedestrian and five vehicular) in the Sunset and Parkside districts. Because of those fatalities, we targeted specific corridors in the district that were problematic, resulting in the reduction of traffic fatalities during 2004 to a single pedestrian death.

During 2004, San Francisco supervisors Fiona Ma and Sean Elsbernd, former supervisor Tony Hall, and Assemblyman Leland Yee worked with the SF Department of Parking and Traffic and the mayor’s office to formulate a traffic-calming plan which has reduced vehicle and pedestrian collisions.

Representatives from the various city agencies involved in the effort have prepared a media presentation for safety awareness, education and enforcement in our district. It is expected to be shown in mid-March.

In 2005, we’re again working on our efforts to make motorists and pedestrians aware of the laws; instituting traffic calming measures, such as count down crosswalk lights at major intersections; new reflective signs and the brighter painting of crosswalks; and speed trailers being stationed in high-traffic areas.

Because of concerns from the community, we have had enforcement operations on Brotherhood Way, Lake Merced Boulevard, 19th Avenue, Sunset Boulevard, Lincoln Way and several other locations.

San Francisco Police Chief Heather Fong, Deputy Chief Greg Suhr and Commander D. Shinn have implemented a new traffic enforcement plan that assigns two motorcycle officers to each of the city’s 10 district police stations. On March 12, Officer Regina Berrigan will be the first motorcycle officer assigned to the Taraval Police Station. Our second motorcycle officer is to be assigned upon the completion of training.

Berrigan will have the responsibility of issuing citations to violators in specific targeted areas and to respond to vehicle accidents in the Sunset. She is the first female officer to be assigned to the traffic company, making this is a historic event, not only for the Taraval District but also for the SF Police Department. We look forward to having Regina as part of the Taraval Police Station’s traffic enforcement team.

Currently, we staff two traffic cars on the day watch and one traffic car on the night watch to enforce the traffic laws. As well, we have sector cars issuing citations during their daily assignments, which are supplemented with officers from the traffic division.

Susan Suval, of the Sunset District Neighborhood Coalition, is currently working with Taraval Police Station on a pedestrian safety program for the Sunset and Parkside districts. Suval is looking forward to having members of the community participate in her program to make pedestrians and motorists aware of the need to be safe while walking or operating a vehicle on our streets.

This month our guest speakers at the Police Community Relations Forum will discuss Traffic Safety Measures and Awareness, as well as participation, with a representative from the P.U.C., on March 15, at 7 p.m., at Taraval Police Station (2345 24th Ave.)

Capt. Keith Sanford is the commanding officer at the Taraval Police Station.