Assumption junction, what’s your function?

Over the weekend my husband ran into a neighbor and they got to talking about Measure B.   Now, as an aside, I generally try to avoid the conversation of Measure B with my neighbors if I can at all help it because I don’t want folks to think I am pushing my political beliefs on them, particularly if it’s a casual chance encounter.   Anyway, the neighbor remarked to my husband that he wasn’t quite sure — even after reading my blog — of my position on Measure B.  Apparently I am doing a better job than even I thought, because I thought I was pretty clear that I was pro-Measure B, of being not so shrill about my support.

But just to declare the obvious, I am voting, or rather I have voted (absentee) for Measure B.   Digression over

Isn’t it nice how far we have come from: “the Development Agreement is set in STONE, there is no way that it can be amended” to the now oft quoted City Attorney’s letter which says:

After the election (and assuming voter-approval), SunCal may amend the Development Agreement if it chooses to do so;  however, SunCal will control whether and when it would seek such a amendment and it should not be assumed that any developer would voluntarily relinquish fiscal and other benefits gained from a voter-approved Initiative;

Inconsistent terms in any other negotiated agreement (such as a Disposition and Development Agreement, or “DDA”) may be required to be resolved in favor of the terms in the Development Agreement.  Accordingly, although the City and SunCal could negotiate a DDA to mitigate the impacts identified in the Election Reports, SunCal also would have to amend the Development Agreement in order to assure consistency and enforceability a of any such negotiated terms.

Which essentially says, the Development Agreement can be amended after the election.   But makes the grand caveat that says, “it should not be assumed that any developer would voluntarily relinquish fiscal and other benefits gained from a voter-approved Initiative.”   It should also not be assumed that a developer wouldn’t voluntarily relinquish fiscal and other benefits gained if they are trying to act in, you know, good faith.   And have a positive working relationship with a City that they will be in contract with for 25 years or more.   Because we all know what they say about the word “assume…”

These sorts of statements are the ones that I find seriously obnoxious, it’s up there with the Mayor’s whole, “There are no guarantees that they will build any parks or schools or anything…ever!”    See, it’s these sort of arguments that makes you think that the people proffering the argument think that you are seriously stupid or that a profit making business is seriously stupid.   While, yes, assuming the worst case scenario SunCal could opt to just sit on the land that they will be responsible for cleaning up and making ready for vertical development, they don’t start recouping their investment and making a profit until they sell those entitlements to build vertically.

Or that a profit making business would stonewall (in the case the Initiative passes) and throw up their hands and say, “nuh uh, the voters said we could, screw having an amicable and pleasant relationship for the duration of our contract, we want to have a reputation of being completely unreasonable and difficult to work with.”    See, unlike government, profit making businesses realize that they are not the only game in town and in order to get more business for the future they need to show that they can play well with others.

But these sorts of statements (“should not be assumed…” and “no guarantees”) just goes back to the whole issue of how good of negotiators our City Staff are, apparently they aren’t that great if the expectation is that everything should be set in stone prior to having to go to the table to work on where the real details are put into writing (the Development and Disposition Agreement (DDA)).   Personally given the enormously capable individuals that are part of the City of Alameda, their bosses should have a bit more faith in their skillz than to discount their abilities to hold their own against SunCal or any other developer in order to finesse the best deal for Alameda.