Thursday, February 6, 2014

Reprint Paradise Lost? Part Five: Catellus and Mission Bay

CATELLUS & MISSION BAY

Not long after the first bullet train smoke-and-mirrors show was terminated by the City of Tustin, California’s 1983 White Paper, which set out in detail the politics behind the sleazy political process, a major land use project in San Francisco was put forward in 1986 by a real estate development corporation called Catellus Development.

San Francisco Mayor Dianne Feinstein fought hard to win approval for the Mission Bay project throughout her two terms as Mayor, but it was turned down by San Francisco voters in 1990.

Mission Bay is a 303-acre mixed-use neighborhood located on the central bayshore of San Francisco, bounded by Townsend Street on the north, San Francisco Bay on the east, Mariposa Street on the south, and Interstate 280 (the John Foran freeway, named for the former California State Senator turned lobbyist) on the west.

Mission Bay was re-created in 1998 by the San Francisco Board of Supervisors as a redevelopment project. Much of the land was railyard and warehouses owned by Southern-Pacific Railroad.  When Southern-Pacific was bought by Sante Fe Railroad, Sante Fe established a real estate arm, and that division was transferred to Catellus Development Corporation. Catellus subsequently sold or sub-contracted several parcels to other developers.  In 1997, Catellus agreed to donate 29.3 acres to the University of California, and the City of San Francisco donated an additional 13.3 acres, allowing UC San Francisco to double its size and grow its research capability.

Materials published on the Internet and derived largely from Catellus’ own corporate papers tell  an interesting story. As the Funding Universe website on Catellus states, “The largest private landowner in California, Catellus Development Corporation is a diversified real estate operating company supported by a large portfolio of income-producing properties, and land awaiting development. Catellus was formed in 1984 as an indirect subsidiary of Santa Fe Pacific Corporation to oversee its parent company’s non-railroad real estate activities. Catellus gained its name and its independence when it was spun off from its parent company in 1990. During the late 1990s, the company’s portfolio of industrial, residential, retail, and office projects were located in major markets in California and 10 other states. Of Catellus’s total property, 76 percent of its industrial property, 65 percent of its office property, and 85 percent of its retail property were located in California. The balance of the company’s properties was located primarily in Texas, Illinois, and Arizona.

“Catellus began life on its own in 1990, although the assets of the company–its vast real estate holdings–had roots stretching back to the 19th century-predecessors of the Santa Fe Pacific Railroad. Until 1990, Catellus operated as Santa Fe Pacific Realty Corp., the massive real estate development arm of the Chicago-based railroad company. Financial difficulties during the late 1980s prompted the railroad company to spin off its real estate businesses to shareholders, creating a new, independent company that emerged from the expansive corporate umbrella of Santa Fe Pacific Corp. as Catellus Development Corporation.

“… The company was rich in land holdings, owning 1.5 million acres of land, but needed to develop its properties to realize the full financial potential of its assets. It also was hobbled by the heavy debt load it inherited from Santa Fe Pacific Corp., which made the difficult and costly task of financing its development projects that much harder. Further, the company broke free from the starting blocks at the outset of a pernicious economic recession. 

The early 1990s were tenuous years for many businesses, particularly for those companies like Catellus: positioned in a real estate market weakened significantly by an anemic economy. The boom years of the 1980s, when the California real estate market grew energetically, were over, leaving Catellus in the unenviable position of having to contend with nearly $1 billion of debt while it tried to develop mammoth industrial and commercial projects in a market stripped of its vitality. Against this backdrop, the company steeled itself for the difficult challenges ahead.

“From Catellus’s starting point in 1990, conditions worsened before they improved. One month before the company’s debut on the New York Stock Exchange, San Francisco voters dealt Catellus a serious blow, stalling the company’s efforts to develop what was regarded as the prime property within its portfolio. On the site of an old Santa Fe railyard, Catellus owned 166.9 acres of a 313-acre site adjacent to downtown San Francisco called Mission Bay. Undeveloped, the property was not worth much, at least in comparison to its potential value if the site, by all accounts an industrial wasteland, was developed into a residential and commercial property. The decision to develop the property, however, was not strictly up to Catellus. In the business of real estate development on the scale that Catellus operated, politics played a major, and a frequently decisive, role in determining whether development projects could break ground. In November 1990, San Francisco voters contributed their part in the decision-making process concerning the Mission Bay project by narrowly defeating Proposition I, which would have exempted Mission Bay from growth limits. It was the first stumbling block of many that slowed the company’s progress during its first several years of business; ahead were further obstacles.

“As the company’s management scrambled to discover alternative means to turn Mission Bay into a revenue-generating property, Catellus began trading as a public company, making its debut in December 1990. Shortly thereafter, in early 1991, the company announced a new Mission Bay development plan, declaring its intention to transform the property into a residential and commercial neighborhood that would include five million square feet of new office space. As the national economic recession deepened, however, the redevelopment project was put on hold. Critics contended the project drew its strength from the halcyon days of the 1980s, when the fertile real estate market gave birth to one major development after another. In the bleaker economic climate of the early 1990s, the project withered on the vine.

“The once bleak forecast for Catellus’ Mission Bay began to alter in 1995 when Willie L. Brown Jr., the former Speaker of the California State Assembly was elected Mayor of San Francisco. As soon as he was elected, Brown began pushing to revive the Mission Bay project, and in 1997, a bill carried by his best friend, State Senator John Burton, was introduced in the legislature. The bill was designated an emergency status, meaning that it became law immediately as soon as it was passed by the legislature and signed by the Governor. When the bill was passed and signed during the fall of 1997, Mission Bay finally was underway.”

This was the background I was able to collect on Catellus Development and Mission Bay in 2000. All I knew about Catellus when I left California in the fall of 2000 was that they were a major development company,  once the real estate wing of the Southern-Pacific Railroad. I knew that S-P Realty’s progeny, Catellus Development, was supposed to build a mixed-use, pedestrian-oriented development in San Francisco’s Mission Bay. I remember reading about the project designed by ROMA Associates when I lived in San Francisco during the 1980s. ROMA was also in on the Bay Bridge deal. They were the firm that designed the tourist theme park on Treasure Island. This was also the same firm who drew all the pretty pictures of the proposed new S-P depot cité in Sacramento in 1991, which was another of those mixed-use, “smart growth” developments that I used to tout in my stories in the Sacramento Bee and other publications. Then I remembered that Mission Bay somehow came unglued around 1990, although I didn’t remember why.

I also knew that Catellus had hired John Foran and his lobbying firm, Nossaman, Guthner, Knox and Elliott to lobby on behalf of SB 1215, the Catellus-sponsored Mission Bay bill carried by John Burton.
The language of the Burton land swap bill was particularly illuminating:
“It is therefore the intent of the Legislature, on and subject to the terms and conditions set forth in this act, (1) to authorize, ratify and confirm any agreement by the city to enter into an exchange or exchanges of granted tidelands and  to terminate the public trust or the Burton trust (in reference to John’s brother, Phil Burton’s federal parks law, author’s note), or both trusts, over granted tidelands consistent with the findings and declarations set forth in this act, and (2) to authorize the city to dispose of any and all granted tidelands originally laid out and reserved to the state for street purposes for private use free from those trusts.”

John Burton’s bill from the 1997 session was co-authored by legislators Carole Migden and Kevin Shelley, two of Willie Brown’s hometown political allies. When I showed former State Senator Quentin Kopp this bill during my interview with him in August, of 1998, he said,  “I always had a strange feeling about that bill. You’ll notice that there’s only one person missing from the San Francisco delegation in the authorship of it. That person is Quentin Kopp.”

SB 1215 resolved a long-standing dispute between the City of San Francisco and the State of California to allow development on tidelands in Mission Bay. It also provided the means to locate a new campus on the University of California, San Francisco on the site. The bill was pegged as an emergency measure, to take effect as soon as the Governor signed it.
John Foran of Nossaman, Guthner, Knox and Elliott was the lobbyist on SB 1215, hired by Catellus Development to work on this bill on March 20, 1997, and terminated by them three weeks later on April 11, 1997, with a nice fee of over $16,000. Foran filed his lobbying statement as a one-page late amendment to his regular report, seemingly trying to veil his involvement.
Mission Bay was included in the language of the Burton bill, and it was a potential bonanza for Catellus if they were allowed to proceed with Mission Bay.

Burton, Foran and Nossaman, Guthner shepherded SB 1215 through the legislature so silkily that SB 1215 didn’t generate a single nay vote, nor did a single word about it ever appear in any Bay Area newspaper or magazine, until the deal was done.

It certainly didn’t hurt Catellus’ cause that the corporation and its officers had been significant contributors to the political war chests of both Willie Brown and Dianne Feinstein. Besides the $140,000 in legal fees that Willie Brown received from Catellus as one of its attorneys from 1982 until 1994, Brown’s two San Francisco mayoral campaigns also received a whole lot of cash from Catellus. So did Dianne Feinstein’s U.S. Senate campaigns. Over ten years, Feinstein’s campaigns received over $200,000 from Catellus and individuals associated with the corporation, including Nelson Rising. Brown’s two mayoral campaigns received close to $150,000 from Catellus and individuals associated with the corporation.

Directly after Burton’s first bill, SB 1215, was passed in the 1997 session, Burton’s campaign received three contributions totaling $155,000 from the Southern California District Council of Carpenter’s Political Action Fund. Richard Blum, Senator Feinstein’s husband, is the union’s pension fund manager.

On the day that he introduced SB 1562, another Catellus-related bill in the 2000 session, Burton’s campaign received a $4,000 contribution from Nossaman, Guthner, Knox and Elliott, the lobbyist group headed by John Foran, who has been active on every speculation-driven transportation stock from the bullet train in 1982 until now.

During her second term as Mayor of San Francisco, Feinstein fought for the development of Mission Bay but lost. When Willie Brown became Mayor in 1995 he said that the first call he was going to make was to Catellus to see what he could do to get Mission Bay back on track.

While the political process of John Burton’s SB 1215 was proceeding through the California State Legislature, Catellus stock went from below $10 a share to $18 a share. On November 26 and 28, 1997, right after SB 1215 had become law, almost 4.25 million shares of Catellus stock were traded at over $18 a share. Insider activity on Catellus stock was heavy on both of those days.

Perhaps this is only a coincidence, but events had begun to take on so many similar characteristics and involve so many of the same characters  that I could no longer accept them at face value. This feeling grew to become factually indisputable when the Catellus/Desert Wildlands bill went through in 2000. If Mission Bay was an insiders’ bonanza for Catellus and its board members, those profits were dwarfed by the multi-billion dollar fields of dreams they reaped in the Mojave. 

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