FOGG Alert – July 2, 2017

State Lands Commission Lawsuit – 5th Update – Court Hearing

FOGG attended the Wednesday, June 28, 2017 court hearing at Superior Court, in Judge Suzanne Ramos Bolanos’ court room, on the lawsuit initiated by the State Lands Commission (SLC) vs. the City of San Francisco about Proposition B.

Proposition B, passed by the San Francisco voters in June, 2014 requires voter approval before a developer can exceed the present height limits on San Francisco Port waterfront properties.

SLC asked the Court to invalidate Proposition B.  The City requested the Court to dismiss the case.

Judge Bolanos tentatively rejected the SLC request to invalidate Proposition B, and also denied the City’s request to dismiss the case.

The lawsuit may now go to trial on September 11, 2017 according to Judge Bolanos.

California Deputy Attorney General Joel C. Jacobs represented the SLC.  Jacobs was consistent in his claim that the voters can’t be trusted in decisions that affect their waterfront.  Only the Port Commission understands land use issues.  

Christine Van Aken, San Francisco’s Deputy Attorney represented the City.  She was somewhat astonished that the SLC feels that the Port Commissioners – a non-elected body – are more understanding and transparent than the voters of the City.  Christine did a fine job of responding to Jacobs for what we thought were his skewed arguments.

You can read how the media covered this story by clicking on these links.

LA Times Article

SF Chronicle Article

SF Examiner Article

We will keep you advised as to Judge Bolanos’ decision on the possibility that the lawsuit will go to trial.

Lastly, FOGG wishes all of our supporters a very happy July 4th Holiday.  Thanks for being with us since 2003.


FOGG Alert – June 27, 2017

State Lands Commission Lawsuit – 4th Update – Newsom’s Response

As a matter of fairness, FOGG is sending you Lt. Governor Gavin Newsom’s response to the LA Times June 22, 2017 article that FOGG sent you on our June 25, 2017 Alert.

This story covers the upcoming June 28, 2017 court hearing about the State Lands Commission vs. the City of San Francisco on Proposition B, approved by SF voters in June 2014, as mentioned in our previous Alert.

The hearing is at the Superior Court of California, County of San Francisco, located at 400 McAllister Street (cross street is Polk), San Francisco, at 2:00 pm.

Here is the link to the LA Times June 22, 2017 Article.  LA Times Article – Newsom Defends Lawsuit

FOGG’s notes the LA Times story line: “Newsom is a longtime ally of San Francisco real estate developers, who have been major contributors to his campaigns.”

FOGG can only add that both Lt. Governor Newsom and current Mayor Ed Lee were the public face for the proposed 8 Washington Street high rise luxury condominium development that would have demolished our community outdoor recreational center – the Bay Club – The Gateway.

FOGG Alert – June 25, 2017

State Lands Commission Lawsuit – 3rd Update

FOGG wants to remind you that the State Lands Commission lawsuit vs. the City of San Francisco, will be heard before Superior Court Judge Suzanne Ramos Bolanos, on Wednesday, June 28, 2017, at 2:00 pm.

This suit brought by the SLC, headed by Lt. Governor Gavin Newsom, requests that the court dismiss Proposition B, approved by the voters in June 2014 by over 58%. 

Proposition B requires voter approval before a developer can exceed the present height limits on San Francisco Port waterfront properties.

Judge Bolanos will be hearing Cross Motions for Summary Judgement at this hearing.  It is possible that she will make a final decision on this suit.  If not, it will go to trial at a later date.

FOGG still believes that the City will win this lawsuit.  It is hard to accept that the voters don’t have the right of initiative when it comes to their trust purposes, and the Court should agree.

Please read at the link a June 22, 2017 Los Angeles Times article for a broader look at the State Lands Commission, Lt. Governor Newsom, and in the final paragraph, the lawsuit against San Francisco. 

LA Times Article

FOGG hopes that we will see some of you at the June 28th hearing.

FOGG Open Letter – June 19, 2017

Summer Splash – A Benefit for Sunflower Wellness

FOGG is pleased to partner with the Summer Splash – Benefit for Sunflower Wellness, on Thursday, July 27, 2017.

Time for the Benefit is from 4:00 pm to 8:00 pm, at the Bay Club – The Gateway.

This event is a fund raiser for the Bay Area cancer and exercise programs that Sunflower Wellness conducts, and is supported by the Bay Clubs.  

Sunflower Wellness was established in October 2004 in direct response to the need for promoting exercise among people living with cancer.  Sunflower Wellness is a 501(c) (3) non-profit organization.  The donations for this event are tax deductible.

You can find more information about Sunflower Wellness and make a donation at their website;

Find out more about the Benefit by clicking on the Sunflower Wellness Benefit Page link on this website.

This event is one more way to show the community that FOGG, Sunflower Wellness, and Bay Clubs works to reach out to those in need.

FOGG hopes that many of you will donate and attend this worthwhile event.

FOGG Open Letter – May 31, 2017

2017 Kids Camps Scholarship Program – Update 4

Thanks to the generosity of many of our FOGG supporters, a number of boys and girls from low income neighborhoods will be attending the Bay Club – The Gateway, Summer Kids Camps starting in a few days: Monday, June 5, 2017.

Your tax deductible donations matched by the Bay Club management on a dollar for dollar basis, means that these youngsters, 5 to 12 years old, will enjoy a summer of fun and social interaction in a safe, family friendly environment.

For the next 14 weeks, while the weekly Camps provide training in swimming, tennis and a number of other sport activities, under the supervision of professional trainers and volunteers, FOGG will continue our fund raising efforts for those other youngsters who are still hoping to participate in this program.

This is your opportunity, if you have not already done so, to donate your tax deductible dollars.  Please send your summer Kids Camp Scholarship Program donations to PDF/FOGG, P.O. Box 2294, San Francisco, CA 94126.  On the memo line write “2017 Scholarship Fund.”

Donations can also be made online at this website.  Click on the ‘Donate to 2017 Summer Kids Camp’ yellow donation button.

Please make your donation now.  FOGG will be giving you updates as the program progresses, and will reach out to you again for your donations.  The kids really appreciate your support of this community outreach program.

FOGG Alert – May 21, 2017

Gavin Newsom Faces Backlash – Los Angeles Times!!

Lt. Governor Gavin Newsom is in the news again.

Newsom is being called to task for his insistence on the State Lands Commission suing the City of San Francisco on Proposition B that was approved by 58% of the City’s voters in June, 2014.

You will find the details by reading this article in the May 19, 2017 Los Angeles Times at this link:  LA Times article

FOGG will continue to follow events as they progress, and we will do our part in helping defeat Newsom’s foolish power grab.

FOGG Alert – May 15, 2017

State Lands Commission Lawsuit – 2nd Update

In our January 4, 2017 FOGG Alert we advised you that the State Lands Commission lawsuit concerning Proposition B would be heard on May 31, 2017, in Superior Court before Judge Suzanne Ramos Bolanos.

You may review the reasons for this lawsuit by the State Lands Commission on this website in the January 4, 2017 post.

The SLC, headed by Lt. Governor Gavin Newsom, is challenging the voters of San Francisco, who voted overwhelmingly for Proposition B in June, 2014. 

Proposition B requires voter approval before a developer can exceed the present height limits on San Francisco Port waterfront properties.

The May 31, 2017 court hearing has been moved to Wednesday, June 28, 2017, at 2:00pm for the hearing on Cross-Motions for Summary Judgement.

FOGG looks forward to a positive decision by the Court that favors the City, and protects an open waterfront for everyone.

FOGG will keep you up to date if there are any further changes.