Whack-a-mole housing policy

When in the summer of 2017 the Santa Monica City Council, after six years of work, adopted the Downtown Community Plan (DCP), the then architecture critic for the L.A. Times, Christopher Hawthorne, wrote an article about it. Hawthorne, after a conversation with City Manager Rick Cole, expressed guarded optimism that the plan, which Cole and the council had touted as a “housing” plan, would indeed lead to the building of more housing, for all income levels, in downtown Santa Monica.

According to Hawthorne, Cole characterized the DCP as being the result of a “grand bargain” between anti-growth and pro-housing factions in Santa Monica. Because the DCP included streamlined approvals for housing and height and density bonuses for housing development, and eliminated parking minimums, Cole was confident, based on the City’s financial analysis, that developers would build housing despite increased requirements for including affordable housing.

Hawthorne was respectful of Cole’s optimism, but the critic injected a note of skepticism in his article by including a comment from Santa Monica housing activist Jason Islas to the effect that the DCP’s high percentage requirements for affordable housing (maxing out at 30% for the largest projects “on-site,” or 35% “off-site”) would mean that no housing would be built. Islas’ comment on the affordability question was that “30% of zero is zero.”

Now nearly two years on, and according to a “Downtown Community Plan Monitoring Report” the City issued March 22, Islas’ predictions have proven more accurate that City Manager Cole’s. Since adoption of the DCP, six projects have been proposed under the DCP standards, totaling 335 units, but only 19—only 6%!—are affordable. How can that be, you say? Isn’t 20% the minimum under the DCP?

No. Twenty percent is the minimum for projects over 39 feet tall (“Tier 2 projects.”) Five of the six DCP projects are Tier 1. Under the City’s rosy financial analysis, this wasn’t supposed to happen. The City’s financial consultants, and a majority of City Council members, predicted developers would build market rate units in Santa Monica even if they had to provide higher percentages of affordable housing than were required anywhere else in the state.

Developers are proposing to build market-rate housing (but not much) under DCP standards, but not with nearly the affordable housing City Council wanted to come with it.

As I said, five of the six DCP projects are Tier 1, which means they only have a five percent affordable requirement. One project is Tier 2, but as the March 22 report points out, the developer of that project opted to build to 50 feet even though the zoning would have allowed a height of 60 feet (meaning an additional floor of apartments). By adding that floor, the developer would have increased the affordable obligation from 20% to 25%, presumably wiping out any profit for the additional density.

It’s not only that developers are not building the denser and more affordable housing that the DCP was supposed to encourage, but the housing being proposed contravenes other goals of the DCP. The five Tier 1 DCP projects are entirely comprised of small (less than 375 square feet) studio units. (These units are referred to in developer applications and staff reports as “single room occupancy” (SRO) units, but don’t confuse them with what “SRO” usually refers to, namely “congregant” housing, with shared bathrooms, kitchens and other facilities often built for residents who need supportive services. The proposed units are small versions of what are variously referred to in real estate listings as “studios,” “singles” or “bachelor” units, with their own bathrooms and cooking facilities.)

The DCP is bizarre, but I suppose typical for the product of political “grand bargains,” in that the its standards penalize the building of what the City professes to want—a mix of unit types and affordability to create a diverse neighborhood downtown—while making it easier to build what the City says it doesn’t want, namely smaller projects with 95% market rate units and only one type of unit.

These Tier 1 projects, some of which have replaced previously-proposed Tier 2 projects, have caused the typical hysteria that is the City’s response to events that are simultaneously unexpected and predictable. Tomorrow night City Council will consider an ordinance to ban the building of projects with only small studio units after having adopted an emergency ordinance to do this in March. (Which, no surprise, caused the developer of the Tier 1 all-studio projects to sue the City, since the developer understandably felt that he had played by the rules.)

The ordinance won’t solve the problem, however, since it won’t stop the building of studios that are larger than 375 square feet. Meaning that developers could still build Tier 1, all studio projects, but with fewer, somewhat larger units. These would still be profitable: according to statistics I read in a recent Lookout article, 435-square-foot studios currently rent for about $2,500 (or more) in Santa Monica. That’s more than $5 per square foot. (Meaning that whatever residents who live comfortably in big houses or securely in rent-controlled apartments say, there’s a market for small apartments. Not only young tech workers, but think of the many international students at SMC.)

What developer needs to build above 39 feet if there is that kind of money to be made, especially if approvals are not discretionary and the affordable housing requirement is minimal? Figure it this way: if you remove all the unprofitable affordable housing from a Tier 2 project, you’re probably left with the same amount of profitable square footage in a Tier 1 project. As Islas said, 30% of zero is zero.

The ordinance being proposed is a typical example of a whack-a-mole planning. You don’t like all-studio projects? Ban them: whack! But the problem is not that developers have found a work-around to the City’s Byzantine and onerous requirements under the DCP, but the DCP itself, which the City based on wishful thinking and a financial analysis that developers warned the City was flawed.

The fact that the DCP turns out not to be the housing plan the City touted is borne out by a lot of good news about housing in Santa Monica. Anyone who gets around town these days can see that a lot of apartments are under construction.

New apartments under construction on Lincoln Boulevard

According to a March 26 staff report on the City’s Affordable Housing Production Program, in the four years ending 2018 1001 units were constructed, of which 40% (402) are affordable. The 1001 is consistent with the LUCE’s modest goal that 250 units would be built per year, a one-half percentage point annual increase over the city’s approximately 50,000 housing units. Even more encouraging, 759 units were under construction, and 1,384 units had received planning approval. (Keep in mind that these figures are for the entire city, while the DCP only affects downtown.)

These are the kind of numbers that the City could try to use to justify an exemption to the “dreaded” SB50 making its way through the legislature. However, none of this housing is a product of the DCP.

It’s time to revisit the DCP. But who wants to spend six years doing that?

Thanks for reading.

The character of Vicente Terrace

As it turns out, not all politics are local, and what with one thing or another going on in the world, I’m one local news obsessive who has had a difficult time lately obsessing on local news. Thus, no posts here since October, meaning I’ve left uncommented upon elections in Santa Monica and a lawsuit that would upend Santa Monica politics completely. Matters about which previously I would have written much.

But this weekend I’ve put the Mueller report aside to write about a hyper local Santa Monica issue, namely the future of two apartment projects near the beach. I wrote about them in my last column, back in October, and I feel compelled to follow the story.

The owners of the Shutters and Casa del Mar hotels are developing two apartment buildings (with retail on the ground floors) on vacant lots near the hotels. The Planning Commission approved both projects last year, but those approvals have been appealed to the City Council. The council will consider the appeals at its meeting Tuesday evening.

The developer submitted plans for the apartments in September 2015. Even assuming the council denies the appeals and approves the projects, that means it will have taken almost four years to make a decision over two small buildings with a combined 105 apartments, including 16 affordable units. No wonder the legislature in Sacramento is frustrated by how difficult it is to get housing built in California. (Incidentally, based on the development potential of one of the sites, the hotel owners paid $13 million for one of the properties, money that went into the City’s affordable housing fund.)

Of the two projects, the larger one would replace the parking lot between Ocean Avenue and Shutters. The northern edge of the property is Vicente Terrace, a street that runs from Ocean Avenue down to the beach. Residents who live on the north side of the street have appealed the approval of the project, primarily on the grounds that having an apartment building across from their houses would be contrary to “neighborhood character.”

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Vicente Terrace

Before I explain why I disagree with the neighbors’ appeal, it’s only fair to mention that they are not taking the stance of so many opponents of change in Santa Monica, meaning that they are not opposing the whole project. They seem to recognize that buildings across the street housing new neighbors would be an improvement over the parking lot that they face now. What these neighbors say they want is for the developers to make the building look like it’s a row of townhouses rather than an apartment building.

They also acknowledge that the Planning Commission approved a plan that the developer modified to respond to their concerns. The buildings on Vicente Terrace will now be stepped back considerably from the curb (from 15 to 22 feet, even though the zoning ordinance only requires a five-foot setback) and the floors above 36 feet (the height limit the neighbors say they would accept) are stepped back at least another 20 feet, meaning these upper floors will likely not be perceptible from the street below.

There is now only small difference in terms of size and massing between the approved plans and what the neighbors say they want, except that the neighbors want the façades to mimic townhouses rather than apartments. (Related to this, they also contend that apartments across the street will lower their property values.)

I say, “small difference,” but let’s not forget Freud’s concept of the “narcissism of small differences”: small disagreements can fuel passionate arguments. In this case, the neighbors in their houses fervently desire to face façades that are or at least appear to be single-family homes, not apartments.  Instead of the narcissism of small differences, what we seem to have here is plain narcissism. They want the other side of the street to mirror themselves.

As I said, these neighbors don’t seem to be hard-line NIMBYs, and judging by an opinion piece one of them wrote in the Daily Press, some at least assume a liberal political mantle (“Wall Street vs. Main Street”). (I often wonder if Santa Monicans who decry the profit motives of real estate developers don’t go to movies because they’re made by movie producers and studios obsessed with the box office.)

The neighbors, however, seem unaware of how arguments based on “neighborhood character” have historically been used to exclude apartments from neighborhoods because of fears of allowing into neighborhoods the lower economic classes.

Nor do they seem to be aware that in places where the population is generally left-wing, left-wingers have been adept at finding new rhetoric to justify the same old suburban sanctification and glorification of single-family homes vs. the vilification of apartments. (This is of course creates cognitive dissonance here in Santa Monica, where left-wing arguments against building market rate apartments are also based on phony (when coming from generally affluent people) quasi-Marxist arguments based on the expected high incomes of  future tenants who surely will be class-enemies if they can afford to rent new apartments in Santa Monica.)

In the context of the housing crisis created by NIMBYism and the environmental crisis created by sprawl, left-wing arguments against infill development, however, are now being challenged as anti-city and pro-sprawl. As Benjamin Ross puts it in his 2014 book, Dead End: Suburban Sprawl and the Rebirth of American Urbanism, a history of how restrictive land use policies aimed against apartments and the people who would live in them destroyed cities and gave us sprawl, “the rise of the antisprawl movement has put resistance to change in conflict with left-of-center social and environmental goals…. [Although] [o]pponents of urban infill are fewer in number . . . they have not abandoned the fight. The rhetoric of the environmentalist Left remains on their lips, but the substance of their agenda has begun to converge with the familiar exclusion of old-line suburbs.” (Emphasis added.) Ross calls this “left nimbyism.”

I live in Ocean Park, a once single-family neighborhood that thankfully became a mixed neighborhood of houses and apartments before the City adopted mono-culture zoning. I don’t know anyone who doesn’t like the “character” of Ocean Park. On a per square foot basis, Ocean Park has some of the highest priced real estate in California. The Vicente Terrace neighbors’ argument that apartments will lower their property values is laughable.

I want to distinguish these phony leftist arguments from the genuine left-wing concerns of UNITE HERE Local 11, the union that represents hotel workers in Santa Monica, which has appealed the approvals of both buildings. The grounds for the union’s appeal are that the union doesn’t believe that the approvals include enough protections against the renting of the apartments as short-term rentals (either as Airbnb-type lodgings or as corporate housing).

UNITE HERE is right to be concerned about short-term rentals of unoccupied apartments, as they have become a scourge of the housing market. It appears to me, however, based on the staff report, that the City has included sufficient enforcement mechanisms in the conditions of approval and in existing law. (And the City has had some success recently with enforcement.) However, if it’s possible to approve the projects with more effective enforcement mechanisms, there wouldn’t be anything wrong with that.

Thanks for reading.

Tales of two more projects

Earlier this year I wrote a post about two development projects that were staggering through the approvals process in Santa Monica. One was an apartment building on Lincoln Boulevard, replacing worn-out automobile repair shops, and the other was a hotel project, the one Frank Gehry has designed for the prominent corner of Ocean Avenue and Santa Monica Boulevard.

Two similar projects are now plodding towards their respective destinies. One consists of two apartment buildings that are being developed together and which are considered as one project for environmental review. The other is the redevelopment of the Miramar Hotel, for which new plans were publicly released earlier this year.

The two apartment buildings will be built near the beach on land adjacent to the Shutters and Casa del Mar hotels. They will replace two vacant lots—the parking lot behind Shutters with frontages on Ocean Avenue, Pico, and Vicente Terrace, and the space just south of Casa del Mar on Ocean Front Walk.

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Vacant lot on Ocean Front Walk, just south of Casa del Mar Hotel.

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Vacant lot on Ocean Avenue, behind Shutters, between Pico and Vicente Terrace.

The format and programming of the apartments, designed by local architects Koning Eizenberg, conform to that of apartments that both for-profit and affordable housing developers in Santa Monica have been building for about 20 years in commercial zones. Meaning that three or four stories of apartments sit above underground parking and (in most but not all cases) ground floor retail. This model has served Santa Monica well since new zoning that encouraged housing in commercial zones was first adopted in the 1990s for downtown.

Ocean Vicente Terrace Corner

Architect’s rending of proposed apartments between Shutters and Ocean Avenue.

Given that these new apartments on vacant lots won’t displace anyone, given that they are in a busy part of town that has been intensively developed (with many buildings much larger than these) for about a century, and given that they aren’t taller than the hotels next to them (and step back to respect the shorter buildings they will face on Vicente Terrace), one would think that getting approval for these buildings would be easy. Further, the developers have tried to make the process easy on themselves, by asking for no variances from the applicable zoning other than some minor technical adjustments to take into the account the significant slope on the Ocean Avenue lot.

However, the developers are building a “Tier 2” project, which means they have to through a development review rather than an administrative approval. This entails, among other things, an expensive and time consuming environmental review which at the end of the day, for infill projects like these apartments, doesn’t tell you anything you didn’t know already. It’s perverse to make it harder to build Tier 2 at this scale, because the public gets more from a Tier 2 project than it does from a Tier 1. Face it, we only make approval harder and more expensive and less predictable for Tier 2 because it’s expected (but not necessarily true) that a developer will make more money from a bigger building. It’s more envy than anything else.

As for public benefits, a Tier 2 project must provide affordable units at a 50% higher rate than Tier 1, and of course, a bigger project produces more affordable units than a smaller project even without the bonus. If you want to house people, you have to build housing. (Also worth noting if you like affordable housing: the City owned the property next to Casa del Mar and sold it to the developers for more than $13 million, money that the City has put into its affordable housing fund. That amount of money was only paid because the property could be developed.)

As it happens, applications for these two apartment buildings were filed in September 2015, three years ago, and they are only now (Wednesday night, in fact) coming before the Planning Commission.

No surprise, but the apartments face neighborhood opposition. A new neighborhood group, South Avenue Residents (SOAR), which represents at least some neighbors on Vicente Terrace, filed a comment letter to the draft EIR with 67 comments. I have read many EIR comment letters, but I recommend this one in particular as a definitive catalog of first-world complaints. My favorite comment in the letter is number 42: “There are multiple dogs and cats living with their owners on Vicente Terrace. How will the developers compensate owners for special care of their animals during construction?”

This attitude of the beach dwellers is nothing new. Twenty years ago when I was on the Planning Commission there was an issue about hours of operation for Pacific Park. A woman, who later became prominent in Santa Monica’s no-growth community, testified that she had recently moved to an apartment near the Pier and she was shocked at how much noise and activity there was on Ocean Front Walk. She said that when she was moving here to the beach, she thought it was going to be like Mendocino.

Disclosure: longtime readers of mine know that when I wrote for the Santa Monica Lookout News nearby neighbors on Seaview Terrace provided plenty of grist for my mill. I’ll confess that I was in part drawn to writing about these new apartments for the opportunity to check in on what was going on in the neighborhood. It was like old times to see that once-serial project opponent Stephanie Barbanell had submitted two comment letters to the EIR. Ms. Barbanell once told neighbors that she considered her opposition to development projects (in particular, any licenses to sell alcoholic beverages) a form of conceptual art, but in recent years she’s been quiet. Good for her that she’s expressing herself again!

Ultimately, building apartments and some ground floor retail on these sites makes sense because the zoning prohibits nearly everything else. The area is under the control of Measure S, passed in 1990 to stop hotel and large restaurant development. What better to be built on these vacant lots than housing? (There may be up to three small restaurants as well.) Would the neighbors prefer an office building? (I’m sure there are tech billionaires who would love to be able to take a break and surf whenever the waves are good.) Anti-development residents in Santa Monica like to go on about how much quieter Santa Monica used to be, as a “sleepy beach town,” but what if someone wanted to bring back Pacific Ocean Park? Or even just put an amusement arcade on these lots? I’m sure the neighbors would love that.

* * *

The revised plans to remake the Miramar Hotel and add condominiums that were released last April were the third major iteration of the plans. The plans are the product of nearly 10 years of controversy. The Miramar and the proposed office and housing project at the Paper Mate factory were the major catalysts for the revival of the development wars in Santa Monica after the approval of the LUCE in 2010.

The revival of the development wars climaxed with the defeat of the Paper Mate plans in 2016. Since then, however, after the defeat of Measure LV in November 2016 and the approval of the Downtown Community Plan (DCP) in the summer of 2017, there has been less heated rhetoric and fewer political battles about development. In the meantime, the Miramar brought in a new team of developers and new architects, the internationally famous firm of Cesar and Rafael Pelli.

The new team appears, with their new plans, to be committed to not igniting another conflagration. They have been more communicative with nearby residents and other locals than the earlier development team. Most important, the new plans fit inside the envelope for the site that the DCP provides. Previous plans required substantial changes to the existing land use parameters.

While the plan includes 60 condominiums, which are controversial in Santa Monica because residents who live in houses worth millions of dollars don’t like to think of their sleepy beach town as a place where rich people live, it also provides for 30 units of affordable housing. Again, as with the beach apartments, while it’s true that rich people, including dreaded Russian oligarchs and Arab sheiks looking for new pieds-à-terre, will now have new housing options near the beach, so will more poor and working-class people.

If the plan were going through the approval process now, during the lull in the development wars and not too long after City Council adopted the DCP, I suspect that it would fare well. Unfortunately for the plan, however, it’s now in environmental review jail—an EIR is being written (and yes, for a project this big an EIR is appropriate), and that typically takes more than a year. Then the plan will run a gauntlet of approvals: Landmarks Commission, Architectural Review Board, Planning Commission, City Council and Coastal Commission. It will be at least a couple more years before the plan might win final approval.

Time is the enemy of all plans because time is the enemy of certainty. The Miramar’s developers crafted their first plan (one I didn’t think was very good) in consultation with the City’s planning staff. At a City Council hearing, the plan was shot down because it blocked too many views. The council advised the developers to come back with a tall skinny building, to preserve more views. Which the developers did (with another not-very-good plan), but by then the council had forgotten what it had said about a tall tower, and that plan went nowhere.

It was after that debacle that the Miramar brought in its new team. They waited out the DCP process to see what it would allow them to build. Now they have given us the new plan, which is, by the way, quite good.

But in two years, who knows that the City will be telling them they can build.

Thanks for reading.

Putting new modes in multi-modal

The silicon-enabled “new economy” is now disrupting transportation much as it previously disrupted retail, journalism, entertainment, publishing, etc. Starting with ride-sharing, and now with dockless scooters and e-bikes, infusions of new money and new ideas are colliding with a transportation system that had been locked for decades into a 20th century model that massively privileged drivers of privately-owned automobiles. While scraps of investment were thrown to “mass” transit, culturally the norms were that for car drivers, the ideal was maximal personal freedom and choice, but if you travelled by other means, nearly all aspects of the trip would be constrained.

This even applied to walking: the demands of drivers restricted walkers to skinny sidewalks and caused the criminalizing of walking under the invented concept of “jaywalking.”

Now much of this has been turned on its head, in large part because freedom to drive became a monster that consumed itself, in the form of traffic congestion. When people finally realized that infinitely increasing road capacity and space dedicated to parking was not only impossible but also counter-productive for reducing congestion, governments started to implement policies that allowed for reducing driver freedom and increasing the cost of driving, particularly in cities.

A pivotal moment was London’s implementation of congestion pricing in 2003. While only a few cities have followed with their own direct congestion-pricing programs, many, including Santa Monica, have significantly increased the cost of parking in downtown areas, which is another form of congestion pricing. Cities have expanded car-free zones, narrowed streets, and expanded facilities for pedestrians and alternatives to cars, such as wider sidewalks and bike lanes. Car manufacturers are planning for the decline of individual car ownership.

Meanwhile, in cities and regions like L.A., the public has voted to tax themselves to invest in transit. Yet for a long time many of the controversies about transit involved how to please car-drivers. It was controversial when the City decided to provide little parking at Santa Monica Expo stations. Now, with Uber and Lyft, as well as public bike-sharing programs, and with significant reductions in the use of the City’s existing parking garages, and given at the same time the success of Expo, those debates over parking seem like what they were: from another century.

And now scooters. Like everyone else, I was confused last September when Birds first appeared lined up on downtown Santa Monica sidewalks. Then I saw people riding them. And like everyone who wasn’t riding them, I got indignant, especially when I saw scooters being ridden on sidewalks.

But I’ve come around. I mean, talk about another mode in “mixed-modal.” For years transit planners have been worrying about the “last mile” problem, and sure enough someone comes along with an option that works for many transit users (not all, of course—nothing works for all) and which requires zero public capital investment. Wow. We should be trying everything we can to make this work.

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Vehicles that are not scooters blocking traffic.

Government planners are naturally uncomfortable working with for-profit partners, in a context, transit, that traditionally requires subsidy. But it’s not the first time public/private partnerships have built transportation systems. The transcontinental railroads were a public/private partnership, and since World War II America has built a tremendous continent-wide transport system consisting of airlines, airports, interstate highways, and rental cars. (But open only to those with credit cards.)

As for the criticisms of scooters and scooter riders, one need not wage generational war to realize that scooter use needs to be subject to rules. But non-riders should calm down. Frankly, while as a daily cyclist my hackles were at first raised by having to share “my” bike lanes, my attitude started to change when I realized that the complaints about scooter riders were often the same complaints made against us cyclists.

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Vehicles that are not scooters blocking an intersection (during the scrambled-walk phase).

Two things to remember are (i) that these scooters are a new thing and if Bird had asked to be regulated ahead of time, no one in City Hall would have known what to do with them, and (ii) that with education and outreach, people can change behaviors, particularly if the admonitions to change come from the peer group.

Put it this way: if dog owners can learn to clean up after their pets, and if smokers can learn not to smoke everywhere they want, two advances in social etiquette no one would have predicted 30 years ago, scooter riders can learn not to ride on sidewalks.

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Behavior modification in process.

Also, we have to be mindful of how people exaggerate the importance of new and recent occurrences. A few weeks ago, there was outrage on Facebook because of an accident on the beach bike path that involved a scooter. Accidents are bad, and motorized vehicles shouldn’t be on the bike path, but every weekend there are accidents on the bike path. As a cyclist who rides the bike path, let me say that three pedestrians walking side-by-side, blocking a lane, or racing roller-bladers sweeping from side-to-side, shouldn’t be on the bike path, either.

People didn’t need scooters to do stupid things.

And if the City is so concerned about helmets, how come it doesn’t make Breeze bike users wear them?

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Parked vehicles that are not scooters taking up valuable space.

I only have a few things to say about the competition over which two scooter companies get to participate in the City’s pilot program. To begin with, the City gets points for having the program, rather than reacting to scooters by banning them or making arbitrary limits on them as other cities have done. You can’t regulate something you don’t know about.

As for the competition among the companies, I’m less sure that the City is taking the right approach. (By way of disclosure, I’m friends with three locals who work for Bird.) As has been reported, the City asked interested companies to submit applications, answering a series of questions. A staff committee then graded the applications and made recommendations based on those grades. Unfortunately, it seems that the committee limited its review to the applications, without, it seems, considering the “real world.” (The final decision will now be made by the Director of Planning, David Martin, who apparently is not limited to the applications or bound by the recommendations.)

The result was that the committee recommended two companies for the pilot, neither of which has operated a scooter business previously. One company is owned by Uber, and the other by Lyft.

Uber happens to be one of the most reviled companies in the real world, a company that seems to treat everyone badly. I can’t see why Santa Monica would want to enter into a pilot program with an Uber company.

I’m a fan and user of Lyft’s car-sharing service, and the company is in business already with the Big Blue Bus on a program to give last-mile access to low-income transit users. As I said, however, Lyft has never operated a scooter program before and it shows in Lyft’s application.

The advantage of filing an application when you don’t have experience in a field is that you can say anything. Lyft’s application is full of clauses like, “we are committed to working with the City,” or “Lyft looks forward to working with the City,” or “Lyft proposes to work with the City.” The application tells us that Lyft “is in the process of acquiring” a company it expects will “maximize the quality of our Santa Monica presence.” It’s all air.

The City committee graded Bird’s application low, and after reading it I’m not surprised. It’s shorter and sparser than the Lyft application. Their motto seemed to be, “just the facts, ma’am.”

I also detect, however, in the committee’s shunning of Bird and Lime, the two existing scooter companies, a tendency in Santa Monica to ignore realities in the service of an ideal of fairness. This tendency does not in fact guarantee fairness, and along the way it tends to screw up results.

Ignoring the realities of Bird and Lime reminds me of how, when evaluating proposals to redevelop the Bergamot Station art center, the City ignored Wayne Blank, the master lessee of the galleries for decades, and truly the inventor of the art scene there. Blank was also the owner of important adjacent properties. When the process of determining the development team the City would work with began, it was hard for me to envision the City choosing any team that didn’t include Blank.

But that’s what the City did, and the whole process crashed and burned. The City has had to start all over at Bergamot. That’s what happens when you ignore reality.

Thanks for reading.

My Jonathan Gold story

Along with everyone else in L.A., I am mourning Jonathan Gold, and like it seems nearly everyone, I have a Jonathan Gold story. It’s a small one, as stories about Mr. Gold go, but it is true to character.

But first some necessary back story. Some years ago a cousin of mine went to China to teach English. He met a woman there, from the city of Liuzhou, in Guangxi province in the far south of China. They fell in love, and married. After a few years in China, my cousin returned to the States with his bride. They settled in the Bay Area, but they have visited us here in Santa Monica a couple of times.

Southern California is, of course, the home of many immigrants from all regions of China, who have, particularly in the San Gabriel Valley, opened many, many restaurants that feature seemingly infinite varieties of Chinese food, varieties based on specific regions, ingredients, cooking techniques, etc. Jonathan Gold famously wrote about those restaurants and the restaurants of many other diasporas that have reached our shores (and valleys).

Knowing this, prior to visiting us, and because he wanted to be a good husband to his somewhat homesick wife, my cousin would research the Web to find restaurants here that served food from Guangzi. In particular he was looking for the specialty of his wife’s hometown, Liuzhou, a noodle stew called luosifen that is based on a snail and pork bone stock. The first time they visited my cousin found a restaurant, not surprisingly, in the San Gabriel Valley. For the second visit, however, a few years ago, he shocked me by finding a little restaurant in a strip mall on Westwood Boulevard that served luosifen. It’s called Qin West, and it is as tiny (so tiny that it doesn’t have its own restrooms) as it is authentic. Needless to say I’d never heard of it.

Flash forward a few years, to last year, when City of Gold, the documentary about Jonathan Gold, was playing at the Laemmle theaters on Second Street in Santa Monica. My wife and I went to a screening that featured a Q&A afterwards with Mr. Gold and the director of the film. My wife and I loved the movie and very much enjoyed the discussion afterwards.

When we walked out of the theater onto Second Street, Mr. Gold and the director and friends of theirs were standing around on the sidewalk, talking. I screwed up my courage to ask Mr. Gold a question that had been on my mind for years, namely, why are there no truly good and authentic Chinese restaurants on the Westside?

Now, before you say that the answer is obvious—because there are few Chinese, let alone immigrant Chinese, living on the Westside—let me point out that there are good restaurants representing other immigrant communities here. We have good Thai restaurants, good Japanese restaurants, good Mexican (including Oaxacan) restaurants, good Korean barbecue, etc. Restaurants run by immigrant families cooking what they know.

So I asked Mr. Gold my question. He looked at me kindly, but without a moment’s hesitation, he said, “You mean, other than Qin West?”

Thanks for reading.

Tale of Two Projects

It’s been a while since I’ve written about a specific development project in Santa Monica. About a year ago I was busy writing articles about the Downtown Community Plan (DCP), and after that I had my fill of F.A.R.’s and levels of review, etc. I’ve mostly been writing travelogues since then. In the past week, however, two projects, of quite different scale, and located in different parts of the city, caught my eye.

One is a small, apartment complex, only 47 units, with ground-floor retail, on a typically skinny Lincoln Boulevard parcel at Ashland Avenue. The project survived development review last week when City Council members, claiming (accurately) that state law limited their power to block the project, rejected an appeal by neighbors of a Planning Commission approval of the project back in January. (Neighbors Lose Bid to Stop Apartment Complex on Santa Monica’s Lincoln Boulevard).

I live not far from the site and I either drive or walk past it often. It’s a location of classic crudscape, an ugly lot with several decrepit garages that look like they were built with stucco and tin foil.

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The current site at Ashland and Lincoln

It’s incredible to me that neighbors would fight a new apartment building, with attractive ground-floor retail, on that stretch of Lincoln, but then I know it shouldn’t be incredible to me that a few neighbors will do anything to prevent people from moving into their neighborhood.

I remember when City Council, during the hearings on the LUCE, was debating standards for the boulevards. Council members were succumbing to anti-development arguments about “character” (that vague quality that has historically been used to keep apartments and apartment-dwellers out of insular communities). I remember, though, Bobby Shriver, who was sympathetic to the anti’s on other boulevards, admitting that Lincoln Boulevard was pretty ugly and needed new development. Almost ten years later, after another whole planning process for Lincoln Boulevard, a developer is finally building something—an improvement.

For the appeal staff had to prepare a 29-page staff report, which on top of myriad other documents, including a 50-page staff report for the Planning Commission, means that hundreds of pages of reports were created for . . . a 47-unit project that fits within Tier 2 of the applicable zoning. Months and years go by even with a state-law required “project streamlining” and an exemption from environmental review: the application for this little project was filed in March 2016 and “deemed complete” in May 2016. Already two years ago.

I’m shocked that the developers proposed a Tier 2 building. If they had made it a little smaller (a 1.5 F.A.R. instead of the 1.81 it has), it would have qualified under Tier 1, and they could have avoided this review. I’m glad they were brave—if they can make it to the finish line, the site will have another 10 or 15 apartments. (By the way, the development standards still require an insane about of parking—the project will have 151 expensive underground parking spaces for 47 apartments and about 17,000 square feet of retail. On a transit corridor. Crazy.)

Need I mention that the project replaces commercial zoning with residential development? Isn’t that what we want in jobs rich, housing poor, Santa Monica?

Naturally, the process is not over. The developers still need to take the project back to the Architectural Review Board for a formal review and no doubt another appeal to the Planning Commission. After informal ARB review, and comments from the Planning Commission, the developers and their architects must now deal with the usual litany of vague nostrums about “variation” and “visual breaks” and “modulation” and “granularity.” It’s like the ARB members and Planning Commissioners are wine connoisseurs. Here’s a rendering of the current design.

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As seen in this elevation, the building presents a bold statement on an ugly street. While the ARB and Planning Commissioners (and the anti’s) often complain about bland architecture in Santa Monica, their practice is to screw around with any architects who try to use formal structure and rhythm. They make the same amorphous demands on every project, and then complain that buildings are indistinguishable.

The second project that caught my eye—this one was hard to miss—was the return to the planning process of the Frank Gehry designed hotel project at the corner of Ocean Avenue and Santa Monica Boulevard.

I’m not going to write much about this now—surely there are still years to go on this one and I’ll have more opportunities to write about it later. But as the political class settles down to patting itself on the back about how this project now “fits” the new standards in the DCP, and since the developers have made their peace with the DCP, I’ll be perhaps the one person to talk about what we’ve lost.

Which are 60 condominiums. The new plans are pretty close, in terms of programming, to the old plans, except that 60 condos were sacrificed to make the project fit the new zoning and political standards.

Okay, no one is going to shed a tear for the condos, but let me ask—what was bad about them? In a city of 50,000 housing units, they weren’t going to add to traffic in any measurable way, and they weren’t going to destroy the “character” of anyone’s neighborhood. Yes, rich people were going to buy them, but then we already live in a city where many of the critics of the condos live in houses that are now worth $1,000 per square foot as teardowns.

What the condos would have done is turn thin air into millions of dollars each year of taxes for schools, healthcare, public safety, housing and services for the homeless, etc. Yes, the proverbial bogeymen of Russian oligarchs and Arab sheiks or—Heaven forbid—young Silicon Beach entrepreneurs, might buy some of the condos and only use them a few weeks a year, but others might be bought by elderly Santa Monica homeowners wishing to downsize but stay put.

What was bad about the condos is that they disturbed the false halo of radicalism that the political class in Santa Monica believes crowns their heads. Santa Monicans are mostly on the Left, and so the rhetoric that comes from the most conservative voices in town must use the language of revolution. Oh, those greedy developers! The neighborhood activists and their politicians use words like “community character” and act as if they’re about to storm the barricades of their own privilege, but it’s all about pleasing people who, in the opposite of a progressive agenda, fear change.

Thanks for reading.

Santa Monica in 2018: Are All Politics Still Local?

(Note: I haven’t written here about Santa Monica politics since my last blog last summer on the Downtown Community Plan, but I was invited to give a 20-minute talk to the Santa Monica Rotary International Club about the current state of politics here. I gave the talk last Friday, March 23. What appears below is a slightly edited version of my remarks to the Rotary. Much like the travelogues I wrote in the fall about my trips to Norway and Spain, my opinions about the current state of Santa Monica are illustrated—mostly with headlines, to prove to the Rotarians that what I was talking about truly happened.)

Greetings and thanks for inviting to share my thoughts about Santa Monica.

To review my credentials, I’m a former columnist, sometime blogger about Santa Monica, and twice-defeated candidate for City Council. Losing makes me, of course, an expert to talk about Santa Monica politics and issues. In fact, you’ll find during my talk today that losing city council election or two here is a basic qualification for anyone who think he knows how to make Santa Monica government better.

I’m going to start with an update on the development wars. Local governments in California have more control over land use that they have over most issues, and therefore it’s no surprise that development has often been the most contentious issue in local politics, especially in affluent communities where government otherwise does a good job delivering services. Santa Monica has been no exception.

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The most recent wave of anti-development activism crested in 2014 with the defeat of plans to redevelop the Paper Mate factory site. This came after a then new anti-development group, Residocracy, had gathered signatures to put the City Council’s narrow approval of the redevelopment plan on the ballot, and the Council revoked its approval rather than have the plan go to a popular vote.

Flush with that victory, Residocracy again gathered signatures, and put a restrictive development measure, Measure LV, on the ballot in 2016. The anti-development wave then, however, hit a seawall when Measure LV lost decisively.

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It shouldn’t have been a surprise that LV lost, given that a similar measure in 2008, the “Residents Initiative to Fight Traffic,” (“RIFT”), had also lost.

What the votes on both initiatives showed is that that while there is a large minority of Santa Monica voters who are motivated by the anti-development message—a bit less than 40 percent of all voters who show up at the polls—those voters are, nonetheless, a minority. It’s telling that no city council candidate running on an anti-development platform has ever won election on his or her own, meaning without an endorsement from Santa Monicans for Renters Rights (SMRR), the most powerful political group in the city.

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In fact, what we’ve seen in the past two elections is that if SMRR withdraws its support from an incumbent it previously endorsed because SMRR’s anti-development wing sees the incumbent as too friendly to development, the incumbent — Pam O’Connor in 2014 and Terry O’Day in 2016 — nevertheless wins reelection. Meaning that following the views of SMRR’s anti-development wing has cost SMRR two seats on the City Council. It used to be that O’Connor and O’Day owed their election to SMRR; now they don’t.

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Getting beyond the politics of development and into the substance of development decision-making, the 13-year process—I have called it “Santa Monica’s long municipal nightmare” —to update the City’s land-use plans finally climaxed in 2017 with passage of the Downtown Community Plan, the “DCP.” We can at least hope that the DCP is the final major plan to come out of the process that started in 2004 with the update to the City’s General Plan. That process was supposed to take two years but took six. Then it took another five years to pass a zoning ordinance to implement the General Plan, then another couple of years for the DCP. Thirteen years—kind of amazing when you think that the plans themselves are supposed to guide the City’s development for only about 20 years. Not to mention that with the defeat of the Paper Mate project, which was the key project for redeveloping the old industrial properties near Bergamot Station, the most important parts of the General Plan update, which focused on the industrial zone, are now irrelevant. We may as well start over now, but the idea of another 13 years is frightening.

The DCP itself was an uneasy compromise. Pro-housing activists did in certain contexts get the theoretical possibility of more development, but by a 4-3 vote the council included financial burdens that developers say as a practical matter will prevent new construction.

In the context of the state and regional housing crisis, which has put on the spot anti-development politicians, especially who those consider themselves to be progressive, the council members who voted to impose the burdens on developers agreed to revisit the plan if it didn’t result in housing being built.

This has led to a de facto truce while people wait and see.

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In that regard, three hotel projects in downtown, including this one designed by Frank Gehry, are coming back with plans that conform to the DCP; but there is always discretion, and we’ll see if they get approved.

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At the moment there is considerable apartment construction going on under the old standards — this photograph shows the groundbreaking for an affordable housing apartment building on Lincoln that was financed by the developer of a market-rate project — but it’s still an open question whether anyone will build under the requirements of the new zoning ordinance and the DCP. So — stay tuned.

Going beyond the development wars, Santa Monica has a lot of purely political news recently.

For one thing, we’re seeing something that has not been much of an issue in Santa Monica for a long time, perhaps not since the days when Raymond Chandler channeled Santa Monica into his crime novels as the corrupt “Bay City.” I’m talking about political corruption, alleged, possible, and real.

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One set of possible cases of malfeasance have been significant enough to garner coverage in the L.A. Times, not to mention investigations by the District Attorney, the California Fair Political Practices Commission (the FPPC), and the School Board. The allegations involve the Santa Monica power couple of City Council Member Tony Vazquez and his wife, School Board Member Maria Leon-Vazquez. While it’s been well known that Tony Vazquez has made his living as a political consultant and lobbyist, it was always assumed that he was careful enough to keep his day job out of Santa Monica. Well, it turned out that companies that he lobbied for to get school contracts applied for work in Santa Monica, and he at least neglected to tell his wife, the School Board member, so that she would recuse herself from voting on those matters, which she didn’t do.

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From there the investigation snowballed to include another school board member, and allegations of unreported income and gifts. It’s all being investigated now, so, again—stay tuned.

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Then there have been violations of the Oaks Initiative, a law the voters passed about 15 years ago that prevents public officials from benefiting from people or companies who received contracts or other benefits from the City while the official is in office. It’s like a retrospective, rearview mirror bribery law, and the law is complicated because it’s hard to keep track of who received benefits and the time frame for the restrictions. In the past few years the law has ensnared a couple of Council Members, Pam O’Connor and Terry O’Day, who received campaign contributions from disqualified contributors.

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But the most drastic impact of the Oaks Initiative was not on a politician, but on Santa Monica’s former City Manager, Rod Gould. After retiring from the City Gould accepted a job with a company that the City had hired while he was in City Hall, and Gould really paid a price for that. He was sued by the Santa Monica Transparency Project, a watchdog group that pays particular attention to the Oaks Initiative. Gould, saying he didn’t have the resources to fight the suit, settled the litigation by quitting his job and paying the Transparency Project $20,000 to cover their costs.

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The most manifestly illegal and corrupt political shenanigans, however, came from the Huntley Hotel, which sits on Second Street across from the Fairmont Miramar. The Huntley opposes the Miramar’s plans to rebuild and in 2012 the Huntley poured money into an extensive campaign to stop the Miramar project. Parts of the plan involved making illegal campaign contributions to City Council candidates and organizing and funding a fake grassroots residents group. It turns out that the FPPC was investigating, albeit slowly, and last year the FPPC hit the Huntley with penalties of more than $300,000: the second largest fine in the history of the FPPC. The Huntley’s scheme also involved the prominent law firm of Latham & Watkins as well as a former Santa Monica Malibu School Board member, Nimish Patel, who had his then law firm conceal illegal political contributions made by the Huntley. The FPPC fined Patel’s law firm $10,000, the maximum fine available to the agency.

I hate to say it, but from the Huntley’s perspective, the money, including the fine, was well spent. It’s six years later, and the Miramar has yet to get a rebuilding plan approved. The Huntley’s financing, organizing and energizing of the campaign against the Miramar revitalized the anti-development movement in Santa Monica, which, after the 2008 defeat of the RIFT initiative, had been relatively quiescent. The 2010 General Plan update had been approved by all the council members, including those from the anti-development side, and even the backers of RIFT generally accepted it. The plan update was the basis for the Paper Mate plan that Residocracy defeated in 2012, after the Huntley had fanned the flames over the Miramar plan.

Meanwhile, although it may seem like nothing ever changes in Santa Monica politics, two major changes to how Santa Monica chooses its elected officials are in the works. I’m referring to district elections and term limits.

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As for district elections, School Board member Oscar de la Torre has sued the City under the California Voting Rights Act saying that the City’s at large elections violate the voting rights of minorities, who, because of historical segregation, live predominantly in the Pico Neighborhood. (By the way, like me De la Torre has been a losing candidate for City Council.)

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Then this year activists from the Santa Monica Transparency Project—yes, the same group that sued Rod Gould over the Oaks Initiative—began a signature gathering campaign to put a term limits initiative on the ballot.

When it comes to these efforts to change the City Charter, I’m torn. Usually I’m in favor of district voting, so long as there isn’t gerrymandering, not only because it can diversify who is elected, but also because it’s easier for candidates to run in smaller districts. I usually oppose term limits, since in general I believe that anyone should have the right to run for office, and voters are better served by having more choices, not fewer. Also, as we saw was the impact of term limits on the California legislature, term limits can result in too much turnover, giving us legislators who lack experience and knowledge about how to govern.

So those are my usual positions. But as I said, I’m torn, because in Santa Monica the fact is that incumbents can stay on the council for as long as they want. This is not a one side or the other side issue: council members of all political persuasions have remained on the council term after term. So I’m thinking about term limits in a more positive way than usual, although I haven’t made up my mind.

But what about district elections? As I said, I usually favor districts, but I’m not sure we need them in Santa Monica. Why? Because those same council members who get elected over and over are so paranoid about not being reelected, that they try to please anyone who votes, and that includes, for all of them, residents of the Pico Neighborhood. In that sense, the neighborhood is well represented. And, if you include the school board and the college board along with the council, we have a good record of electing minorities. As a result, I don’t see the logic for the lawsuit, although if districting comes, it would make it less expensive and easier for new candidates to run, which would be a good thing in and of itself.

Now that there is, at least for a time, less of a political focus on development, what are the issues, more or less real, that face our community?

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How about crime? Rising crime is the issue that Residocracy and its leader, Armen Melkonians (also like me a two-time loser when running for City Council), are trying to use now to gain political power given that development didn’t work. Reported crime, particularly property crime, is up in Santa Monica over the past few years, and there have been some particularly violent crimes, including a murder and a home invasion, in normally low-crime, upscale neighborhoods that have people in those neighborhoods rattled.

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However, by historical standards, even with the uptick crime rates are down in Santa Monica. But the historical levels were quite high: I’m speaking as one whose homes have been burglarized twice. Yet I for one don’t sense that people are fearful as they move about the city, not as fearful as the cities I lived in before coming to Santa Monica, namely Philadelphia, Chicago and Boston. But maybe I’m missing something, and I don’t live in the Pico Neighborhood, where there has been gang violence going back decades. Significantly, however, gang violence has considerably decreased over the past four or five years, although in the past year or so there have been several shootings, including one murder, that have the hallmarks of gang violence although the victims are not necessarily gang members.

Let me make an aside here, which possibly ties local politics into national politics. Why is it that a political group that wants to gain power finds that it needs to focus on grievance? Residocracy is explicit that it’s looking for an issue that will motivate voters to vote based on fear. Yet by all measure, Santa Monica is a wonderful place to live — something the leaders of Residocracy will admit, given that they say they are trying to preserve Santa Monica the way it is. Let’s face it, the politics of fear and anger pervade our society, at all levels and, let me make this clear, all sides of every argument use the politics of fear, instead of promoting themselves on the basis of, dare I say it, hope and faith in the future.

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In any case, as for crime, the City has hired a new police chief, who was known to have reduced crime her previous job, in Folsom, and so stay tuned on that as well.

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Another issue is transit. In a certain sense, with the opening of the Expo line and its great success, this should be the new golden age of public transportation in Santa Monica. Those tens of thousands of Expo riders must mean that more people than ever are using transit in the city. However, those riders don’t count when the Big Blue Bus is tabulating its ridership, and that ridership is down.

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This is a regional issue, as the same thing is happening with Metro bus service, but I can’t help being annoyed still whenever I see Santa Monica’ artsy bus shelters (if you can call them that), one of which you can see in this picture. Whenever I see them, which is all the time, I’m reminded that one of our council members, when voting for this design, said it was more important for the bus shelter design to be creative and—quote—whimsical than utilitarian. If you want people to ride the bus, you have to treat them like customers.

Another big issue is the future of Santa Monica Airport.

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The City and FAA entered into an agreement a year ago to close the airport in 2029. This timetable disappointed many opponents of the airport, including many like myself who want to turn the land into a big park, especially because if previous agreements with the FAA had been written less ambiguously, the City could have closed the airport in 2015. But as a settlement of confused litigation the deal made sense.

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And because the agreement allowed the City to shorten the runway, jet traffic has been drastically reduced—down about 80% from a year ago.

And another 12 acres have been opened up to park expansion. Because the City has taken over leasing at the airport, the City is making a lot of money from rents that will pay for some park construction and ultimately operating costs for the big park.

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But let’s face it, the big issue confronting Santa Monica as well as the rest of the region is homelessness, and that’s not getting better.

The title of this talk includes the question whether, as the immortal Tip O’Neil once said, all politics are still local. There’s no question that with homelessness you finally get the answer, which is — yes and no. Yes, because the attitudes of most voters are still made up most of all with how they see their own daily reality. But no, because those realities, whether they are homeless people living on the streets of Santa Monica, or abandoned factories in the Midwest, are products of decisions beyond the purview of any particular local government.

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Homelessness, which not only is a moral disgrace but also costs the City of Santa Monica millions in direct and indirect costs each year, is the product of a statewide housing crisis, state and national policies on treatment of, and funding for, the mentally ill, a catastrophic national policy on drugs, and other forces beyond the purview or pay grade of Santa Monica’s elected officials and staff.

Yet, the lack of ultimate power to effect change does not diminish our responsibility as citizens to continue to seek change. We need to solve the homeless crisis, or risk failing as a society.

Thanks for reading.